Landmarks Preservation Board Meeting October 2nd at 7:00pm

Landmarks Preservation Board Meeting
10/2/2009 7:00 PM
City Hall - Ceremonial Court Room
40 South Broadway

NO AGENDA AVAILABLE AT TIME OF POSTING

Board of Contract and Supply (BOCS) Monthly Meeting September 30th at 10:30pm

Board of Contract and Supply (BOCS)
Monthly Meeting
9/30/2009 10:30 AM - 11:00 AM
Mayor's Reception Room
City Hall, 40 South Broadway
Yonkers, New York 10701

NO AGENDA AVAILABLE AT TIME OF POSTING

Public Housing Waiting List Opened in Yonkers

http://www.lohud.com/article/20090922/NEWS02/909220381/1246/NEWS0224/Yonkers-housing-authority-opens-its-public-housing-wait-list
For More info go to: www.mhacy.org.

Mayor Amicone's Free Town Hall Meeting September 24th at 7pm

Mayor Amicone's Town Hall Meeting
9/24/2009 7:00 PM - 9:00 PM
Cost: FREE
Location: Lincoln High School
375 Kneeland Avenue

Board of Ethics Meeting 7pm Thursday September 24th 2009

Board of Ethics Meeting
9/24/2009 7:00 PM - 8:30 PM
City Hall - 40 South Broadway
2nd Floor - Mayor's Reception Room

NO AGENDA AVAILABLE AT TIME OF POSTING

Landmarks Preservation Board Special Meeting Tuesday September 22 at 7pm

Landmarks Preservation Board Special Meeting
9/22/2009 7:00 PM
City Hall - Ceremonial Court Room
40 South Broadway

Landmarks Preservation Board Special Meeting Agenda

Intergovernmental Relations Committee Meeting , September 22, 2009 at 8:30 PM

Please be advised that an Intergovernmental Relations Committee Meeting has been scheduled for Tuesday, September 22, 2009 at 8:30 PM in the Council Chambers at Yonkers City Hall, 4th Floor.

The following items will be on the Agenda:

1. Resolution – advice and consent to the appointment of Michael J. White as Inspector General.

2. Any additional items that may properly come before this Committee.

We ask the Administration to please have the appropriate Commissioners/Departments Heads/Directors or their representatives attend the meeting so they can address issues relating to the proposed nomination.

CITY COUNCIL OF THE CITY OF YONKERS MEETING TUESDAY AT 7:30PM

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
REDEDICATION OF THE CITY COUNCIL CHAMBERS
Committee of the Whole 7:30 P.M.
Stated Meeting 8:00 P.M.
City Council Chambers
TIME:
PRESENT: PRESIDENT OF THE COUNCIL
CHUCK LESNICK
DISTRICT
2 MAJORITY LEADER SANDY ANNABI
4 MINORITY LEADER LIAM J. McLAUGHLIN
COUNCIL MEMBERS:
DISTRICT:
1 PATRICIA D. McDOW
3 JOAN GRONOWSKI
5 JOHN M. MURTAGH
6 DEE BARBATO
Recitation of the Pledge of Allegiance to the Flag followed by a minute of
silence to invoke God’s guidance and Blessing upon our deliberations.
Minutes of the stated meeting held on September 8, 2009 approved on
motion of Majority Leader Sandy Annabi.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
2
INDEX
ITEM DESCRIPTION PAGE
1. RES. – HOPE VI - 100-126 ASHBURTON AVE 6/9
2. RES. – HOPE VI – VINEYARD AVENUE 10/14
3. RES. – COMMISSIONER OF DEEDS 15/16
4. RES. – 911 DOVES PROGRAM 17/18
5. RES. – BANNER ST. PAUL THE APOSTLE 19
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
3
COMMUNICATIONS FROM CITY OFFICIALS
1. DATED SEPTEMBER 10, 2009 FROM THE YONKERS PLANNING
BOARD A RESPONSE TO THE CITY COUNCIL’S REFERRAL
REGARDING A PROPOSEDGENERAL ORDINANCE AMENDING
THE CITY OF YONKERS ZONING ORDINANCE AS IT PERTAINS
TO NEW BUILDING OR STRUCTURES EXEMPT FROM PROVIDING
OFF-STREET PARKING AND LOADING.
COPIES ON DESKS
2. DATED SEPTEMBER 10, 2009 FROM THE YONKERS PLANNING
BOARD A RESPONSE TO THE CITY COUNCIL’S REFERRAL
REGARDING A PROPOSED GENERAL ORDINANCE AMENDING
THE CITY OF YONKERS ZONING ORDINACE PERTAINING TO
BULK OF DETACHED SINGLE AND TWO FAMILY DWELLINGS AND
AMENDING DEFINITIONS AND USES (McMANSIONS).
COPIES ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
4
COMMUNICATIONS- GENERALLY
1. TOWN BOARD OF THE TOWN OF GREENBURGH HELD A
PUBLIC HEARING IN CONNECTION WITH AN AMENDED SITE
PLAN AND TREE REMOVAL PERMIT FOR PROPERTY KNOWN
AS HACKLEY SCHOOL ALL PAPERS ARE ON FILE AT THE
TOWN CLERK’S OFFICE IN GREENBURGH TOWN HALL FOR
PUBLIC INSPECTION.
COPIES ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
5
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
6
RESOLUTION
1. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A RESOLUTION AUTHORIZING THE CONVEYANCE OF A CERTAIN
PARCEL OF REAL PROPERTY LOCATED AT 110-126 ASHBURTON
AVENUE IN THE ASHBURTON AVENUE URBAN RENEWAL AREA TO
PROVIDE RELOCATION HOUSING FOR THE ASHBURTON AVENUE
HOPE VI PROJECT
WHEREAS, in furtherance of the objectives of Articles 15 and 15-A
of the General Municipal Law of the State of New York, as amended, the
City of Yonkers (the “City”) and the Yonkers Community Development
Agency (the “Agency”), have undertaken a program for the acquisition,
clearance, re-planning, reconstruction and neighborhood rehabilitation of
slum and blighted areas in the City of Yonkers and in this connection,
have been engaged in carrying out numerous urban renewal projects in
areas designated for urban renewal; and
WHEREAS, the City, in cooperation with the Agency, in accordance
with Articles 15 and 15-A of the General Municipal Law of the State of
New York, as amended, caused to be prepared an urban renewal plan for
the area known as the Ashburton/Mulford Urban Renewal Area, as last
revised in February, 1990 (the “Ashburton/Mulford Plan”); and
WHEREAS, the Agency, by Resolution No. 18-2004 adopted on
September 22, 2004, and the City Council of the City of Yonkers, by
Resolution No. 7-2005 adopted on January 11, 2005, approved and
authorized urban renewal site designation for certain areas surrounding
the parcels described in the Ashburton/Mulford Plan, and the Agency
caused to be prepared a revised urban renewal plan for the proposed
consolidated area to be known as the “Ashburton Avenue Urban Renewal
Area”; and
WHEREAS, the Agency caused to be prepared a conceptual plan
known as the proposed Ashburton Avenue Master Plan (the “Master
Plan”) intended to (a) set forth in affirmative terms a phased, multi-year
redevelopment program for specific sites and neighborhoods within the
proposed and revised Ashburton Avenue Urban Renewal Area, including
but not limited to a federally-assisted, public/private undertaking, and (b)
set forth required infrastructure improvements including, but not limited to,
the widening of Ashburton Avenue; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
7
RESOLUTION (CONTINUED)
WHEREAS, neither the proposed urban renewal plan for the
Ashburton Avenue Urban Renewal Area nor the Master Plan conflict with
the urban renewal requirements and controls contained in the
Ashburton/Mulford Plan; and
WHEREAS, the Urban Renewal Plan was unqualifiedly approved
by Resolution No. 188 2006 on October 24, 2006 (i) as conforming to a
comprehensive community plan for the development of the municipality as
a whole, (ii) as being consistent with local objectives, (iii) as being in
compliance with the provisions of Section 502(7) of Article 15 of the
General Municipal Law of the State of New York, as amended, and (iv) as
conforming to the finding made pursuant to Section 504 of said Article 15;
and
WHEREAS, the City is the fee title owner of certain land located in
Lots 12, 14, 16, 18 and 21 in Block 2041 of Section 2 on the tax map of
the City of Yonkers in the Ashburton Avenue Urban Renewal Area (the
“Subject Property”) which is not currently being used nor has it been
designated for specific use in the future nor can it be utilized by the City
for its intended municipal purpose and is thereby considered surplus; and
WHEREAS, Ashburton Avenue I, LP (the “Developer”), an affiliate
of The Richman Group Development Corporation and Landex
Development, LLC, the developer for the Municipal Housing Authority for
the City of Yonkers (“MHACY”), proposes to construct a four-story building
containing approximately forty-nine residential dwelling units for seniors
as well as community and laundry space upon the Subject Property; and
WHEREAS, on April 19, 2006 the Developer submitted to the City
of Yonkers Planning Board its application for informal review with respect
to a special use permit for the above-described development of the
Subject Property as a Planned Urban Redevelopment under the
provisions of Sections 43-52 and 43-72C of the Zoning Ordinance of the
City of Yonkers; and
WHEREAS, on May 10, 2006 the Planning Board adopted a
resolution stating the Board’s intent to assume Lead Agency Status for the
purpose of such environmental review with respect to such special permit
and the development of the Subject Property that would be permitted
thereunder, and authorizing circulation of notice of such intent to other
potentially involved agencies in accordance with SEQRA requirements for
coordinated review; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
8
RESOLUTION (CONTINUED)
WHEREAS, on May 23, 2006 the Developer submitted to the
Planning Board its formal application for such Special Permit conferring
PUR status on the HOPE VI sites including the Subject Property; and
WHEREAS, on June 14, 2006 the Planning Board held a public
hearing on the proposed PUR treatment of the HOPE VI sites including
the Subject Property, and such hearing was continued on July 12, 2006;
and
WHEREAS, on July 12, 2006, following the close of the public
hearing, the Planning Board acting as lead agency approved a Negative
Declaration with respect to the proposed PUR development of the sites,
including the Subject Property, finding that the changes proposed from the
Master Plan and the Urban Renewal Plan are minor, and
WHEREAS, the City Council of the City of Yonkers, by Resolution
No. 187-2006 adopted on October 24, 2006, approved the Findings
Statement; and
WHEREAS, the Developer has applied to the City of Yonkers
Industrial Development Agency (the “YIDA”) for assistance in connection
with the undertaking of the construction of a four-story building containing
approximately forty-nine residential dwelling units for seniors as well as
community and laundry space; and
WHEREAS, YIDA by resolution dated August 26, 2009 authorized
the execution of various agreements including a certain lease agreement,
pursuant to which the Developer leases the Subject Property to YIDA (the
“Lease”); a certain leaseback agreement, pursuant to which the YIDA
leases its interest in the Subject Property back to the Developer (the
“Leaseback”); and a certain tax agreement by and between YIDA and the
Developer, pursuant to which the Developer agrees to make payments
consistent with similar affordable housing projects, for the benefit of the
affected taxing jurisdictions; all in accordance with Article 18-A of the
General Municipal Law of the State of New York, as amended, (the “YIDA
Act”); and
WHEREAS, the City has been presented with a proposed Bargain
and Sale Deed (the “Deed”) pursuant to which the City would convey to
the MHACY with MHACY thereafter leasing the Subject Property to the
Developer in an “as-is” condition for the public purpose of providing
relocation housing for the Ashburton Avenue Hope VI Project; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
9
RESOLUTION (CONTINUED)
WHEREAS, pursuant to the Leaseback the Developer shall
construct upon the Subject Property a four-story building containing
approximately forty-nine residential dwelling units as well as community
and laundry space all of which shall be substantially in accordance with
the Urban Renewal Plan, previously approved by the Agency and the City
Council under the New York State Environmental Quality Review Act
(“SEQRA”); and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers that the disposition of the Subject Property by the City of
Yonkers to the MHACY and related lease by MHACY to the Developer, in
accordance with the terms and provisions of the proposed Deed, in
accordance with Ashburton Avenue Urban Renewal Plan, is hereby
approved; and be it further
RESOLVED, that the Mayor or the Deputy Mayor is hereby
authorized to convey the Subject Property to the MHACY pursuant to the
Deed and to execute any and all documents necessary and convenient to
carry out this Resolution, including executing any other documents,
certificates or affidavits as may be approved by the Corporation Counsel
of the City of Yonkers; and be it further
RESOLVED, that MHACY may lease the Subject Property to the
Developer upon such terms and conditions as it may deem appropriate;
and be it further
RESOLVED, that this Resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
10
RESOLUTION
2. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A RESOLUTION AUTHORIZING THE CONVEYANCE OF A CERTAIN
PARCEL OF REAL PROPERTY LOCATED AT VINEYARD AVENUE IN
THE ASHBURTON AVENUE URBAN RENEWAL AREA TO PROVIDE
RELOCATION HOUSING FOR THE MULFORD HOPE VI PROJECT
WHEREAS, in furtherance of the objectives of Articles 15 and 15-A
of the General Municipal Law of the State of New York, as amended, the
City of Yonkers (the “City”) and the Yonkers Community Development
Agency (the “Agency”), have undertaken a program for the acquisition,
clearance, re-planning, reconstruction and neighborhood rehabilitation of
slum and blighted areas in the City of Yonkers and in this connection,
have been engaged in carrying out numerous urban renewal projects in
areas designated for urban renewal; and
WHEREAS, the City, in cooperation with the Agency, in accordance
with Articles 15 and 15-A of the General Municipal Law of the State of
New York, as amended, caused to be prepared an urban renewal plan for
the area known as the Ashburton/Mulford Urban Renewal Area, as last
revised in February, 1990 (the “Ashburton/Mulford Plan”); and
WHEREAS, the Agency, by Resolution No. 18-2004 adopted on
September 22, 2004, and the City Council of the City of Yonkers, by
Resolution No. 7-2005 adopted on January 11, 2005, approved and
authorized urban renewal site designation for certain areas surrounding
the parcels described in the Ashburton/Mulford Plan, and the Agency
caused to be prepared a revised urban renewal plan for the proposed
consolidated area to be known as the “Ashburton Avenue Urban Renewal
Area”; and
WHEREAS, the Agency caused to be prepared a conceptual plan
known as the proposed Ashburton Avenue Master Plan (the “Master
Plan”) intended to (a) set forth in affirmative terms a phased, multi-year
redevelopment program for specific sites and neighborhoods within the
proposed and revised Ashburton Avenue Urban Renewal Area, including
but not limited to a federally-assisted, public/private undertaking, known as
Mulford Gardens Hope VI, and (b) set forth required infrastructure
improvements including, but not limited to, the widening of Ashburton
Avenue; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
11
RESOLUTION (CONTINUED)
WHEREAS, neither the proposed urban renewal plan for the
Ashburton Avenue Urban Renewal Area nor the Master Plan conflict with
the urban renewal requirements and controls contained in the
Ashburton/Mulford Plan; and
WHEREAS, the Urban Renewal Plan was unqualifiedly approved
by Resolution No. 188 2006 on October 24, 2006 (i) as conforming to a
comprehensive community plan for the development of the municipality as
a whole, (ii) as being consistent with local objectives, (iii) as being in
compliance with the provisions of Section 502(7) of Article 15 of the
General Municipal Law of the State of New York, as amended, and (iv) as
conforming to the finding made pursuant to Section 504 of said Article 15;
and
WHEREAS, the City is the fee title owner of certain land located in
Lot 56 (fka 55, 56 and 72) in Block 2080 of Section 2 on the tax map of the
City of Yonkers in the Ashburton Avenue Urban Renewal Area (the
“Subject Property”) which is not currently being used nor has it been
designated for specific use in the future nor can it be utilized by the City
for its intended municipal purpose and is thereby considered surplus; and
WHEREAS, the Municipal Housing Authority for the City of Yonkers
(“MHACY”) is the fee title owner of certain land located in Lot 1, Block
2084 of Section 2 on the tax map of the City of Yonkers in the Ashburton
Avenue Urban Renewal Area (the “MHACY Property”); and
WHEREAS, MULFORD I, LP (the “Developer”), an affiliate of The
Richman Group Development Corporation and Landex Development,
LLC, the developer for MHACY, proposes to construct on the subject
Property and the MHACY Property a mixture of 4-6 story elevator
buildings, 2-3 story garden walk-up apartments, town houses, and single
family homes along with pocket parks, two community buildings that will
accommodate management staff, resident amenities and meeting space,
for approximately one hundred dwelling units; and
WHEREAS, on April 19, 2006 the Developer submitted to the City
of Yonkers Planning Board its application for informal review with respect
to a special use permit for the above-described development of the
Subject Property and the MHACY Property as a Planned Urban
Redevelopment under the provisions of Sections 43-52 and 43-72C of the
Zoning Ordinance of the City of Yonkers; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
12
RESOLUTION (CONTINUED)
WHEREAS, on May 10, 2006 the Planning Board adopted a
resolution stating the Board’s intent to assume Lead Agency Status for the
purpose of such environmental review with respect to such special permit
and the development of the Subject Property and the MHACY Property
that would be permitted thereunder, and authorizing circulation of notice of
such intent to other potentially involved agencies in accordance with
SEQRA requirements for coordinated review; and
WHEREAS, on May 23, 2006 the Developer submitted to the
Planning Board its formal application for such Special Permit conferring
PUR status on the HOPE VI sites including the Subject Property and the
MHACY Property; and
WHEREAS, on June 14, 2006 the Planning Board held a public
hearing on the proposed PUR treatment of the HOPE VI sites including
the Subject Property and the MHACY Property, and such hearing was
continued on July 12, 2006; and
WHEREAS, on July 12, 2006, following the close of the public
hearing, the Planning Board acting as lead agency approved a Negative
Declaration with respect to the proposed PUR development of the sites,
including the Subject Property and the MHACY Property, finding that the
changes proposed from the Master Plan and the Urban Renewal Plan are
minor, and
WHEREAS, the City Council of the City of Yonkers, by Resolution
No. 187-2006 adopted on October 24, 2006, approved the Findings
Statement; and
WHEREAS, the Developer has applied to the City of Yonkers
Industrial Development Agency (the “YIDA”) for assistance in connection
with the undertaking of the construction of a mixture of 4-6 story elevator
buildings, 2-3 story garden walk-up apartments, town houses, and single
family homes along with pocket parks, two community buildings that will
accommodate management staff, resident amenities and meeting space
for approximately one hundred dwelling units; and
WHEREAS, YIDA by resolution dated July 7, 2009 authorized the
execution of various agreements including a certain lease agreement,
pursuant to which the Developer leases the Subject Property and the
MHACY Property to YIDA (the “Lease”); a certain leaseback agreement,
pursuant to which the YIDA leases its interest in the Subject Property and
the MHACY Property back to the Developer (the “Leaseback”); and a
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
13
RESOLUTION (CONTINUED)
certain tax agreement by and between YIDA and the Developer, pursuant
to which the Developer agrees to make payments consistent with similar
affordable housing projects, for the benefit of the affected taxing
jurisdictions; all in accordance with Article 18-A of the General Municipal
Law of the State of New York, as amended, (the “YIDA Act”); and
WHEREAS, the City has been presented with a proposed Bargain
and Sale Deed (the “Deed”) pursuant to which the City would convey to
the MHACY and MHACY will lease to the Developer the Subject Property
in an “as-is” condition for the public purpose of providing relocation
housing for the Mulford I Hope VI Project; and
WHEREAS, pursuant to the MHACY lease to the Developer, the
Developer shall construct upon the Subject Property and the MHACY
Property a mixture of 4-6 story elevator buildings, 2-3 story garden walkup
apartments, town houses, and single family homes along with pocket
parks, one community building that will accommodate management staff,
resident amenities and meeting space for approximately one hundred
dwelling units.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers that the disposition of the Subject Property by the City of
Yonkers to the MHACY and lease to the Developer, in accordance with
the terms and provisions of the proposed Deed, in accordance with
Ashburton Avenue Urban Renewal Plan, is hereby approved; and be it
further
RESOLVED, that the Mayor or the Deputy Mayor is hereby
authorized to convey the Subject Property to the MHACY pursuant to the
Deed and to execute any and all documents necessary and convenient to
carry out this Resolution, including executing any other documents,
certificates or affidavits as may be approved by the Corporation Counsel
of the City of Yonkers; and be it further
RESOLVED, that MHACY may lease the Subject Property and the
MHACY Property to the Developer upon such terms and conditions as it
may deem appropriate; and be it further
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
14
RESOLUTION (CONTINUED)
RESOLVED, that this Resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
15
RESOLUTION
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO
BE IT RESOLVED, that the following applicant(s) are hereby
appointed and/or reappointed to the office of Commissioner of Deeds for a
period of two years to expire on October 31, 2011.
George Wislocki
1 Mulberry Street
Yonkers, New York 10701
MHA RENEWAL
Carol Ann Schwartz
53 Elissa Lane
Yonkers, New York 10710
MHA RENEWAL
Mary Ann Tarantelli
114 Kingston Avenue
Yonkers, New York 10701
MHA RENEWAL
Francine Muscente
440-1 N. Broadway
Yonkers, New York 10701
MHA RENEWAL
Conrad Orey
130-76 Glenwood Avenue
Yonkers, New York 10705
MHA RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
16
RESOLUTION (CONTINUED)
Karen Tontodonato
231 Alta Vista Drive
Yonkers, New York 10705
Property Management RENEWAL
Eleni Dellaportas
574 Park Avenue
Yonkers, New York 10703
Local 628 RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
17
RESOLUTION
4. BY COUNCIL PRESIDENT LESNICK AND COUNCILMEMBER McDOW,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN, AND
COUNCILMEMBERS GRONOWSKI, MURTAGH AND BARBATO
WHEREAS, In New York, the statutory blood alcohol content limit is
.08%. Studies show that depending on your health, height and weight,
that level is easily achieved with just a few drinks and,
WHEREAS, the Dram Shop Liability Law is suppose to ensure that
those who are under the influence of alcohol are not allowed to leave an
establishment , party or friends house with the intent to drive but instead
alternate arrangements are suppose to be made for them and,
WHEREAS, 911 Doves Inc. spearheaded by Jeremy K. Inlaw and
Woodeena Curry, is an international non-profit organization, the mission of
program “Arrive Alive!” is to (1) prevent individuals from driving under the
influence of alcohol and (2) to help rebuild the lives and educate those that
have already been convicted of a DWI Felony or Misdemeanor at their
Transitional Crisis Center called “the Shirley T. Miller Center of Hope” and,
WHEREAS, DWI and DWAI are two of the most common charged
offenses in New York affecting teens, baby-boomers, blue and white collar
workers. In addition, annual statistics show that Yonkers City Court is one
of the busiest criminal courts in Westchester County, which hears a
multitude of DWI and DWAI cases and,
WHEREAS, The Adult DWI Arrest and Conviction Rate in
Westchester County has been steadily on the rise since 2006 as follows:
DWI Felony: 2006/264, 2007/215, 2008/208 and DWI Misdemeanor:
2006/2298, 2007/2471, 2008/2479 and the U.S. spends 51 billion dollars
nationally on related insurance claims and with recent DWI incidents on
the Taconic Parkway and Westchester County’s implementation of vehicle
seizure for motorist who drive while intoxicated in New York and,
WHEREAS, 911 Doves Inc. President, Woodeena Curry,
understands this serious issue and being a Yonkers native has introduced
the “Arrive Alive” Program to the Yonkers City Council with hopes that it
will be implemented and many lives will be positively impacted and the
statistic will dramatically decline in the city of Yonkers, the County of
Westchester and in the State of New York and,
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
18
RESOLUTION (CONTINUED)
WHEREAS, the City of Yonkers is calling upon our New York State
and Federal Delegation to enact “the Arrive Alive Program” that will
specifically focus on the safety of individuals that are impaired or under
the influence of alcohol and their potential victims (including themselves)
by proving a HELP Line, which can be called; a car and tow truck are sent
to pick up the individual and their car and both are taken to the final
destination safely ensuring the quality of life of all and,
FURTHERMORE, the consequences of a DWI or DWAI conviction
are far reaching and can range from a low fine and temporary driving
suspension to extensive fines, a license revocation and jail time, in
addition, to the potential to touch many lives through temporary and
permanent injuries, loss of income, loss of property and fatalities, etc.
THEREFORE BE IT RESOLVED, that the City Council of the City
of Yonkers calls upon our New York State and Federal Delegation to
enact the 911 Doves Inc. Program, which will decrease the number of
arrests, injuries, seizing of vehicles, fatalities, etc. associated with
DWI/DUI/DWAI, accidents.
BE IT FURTHER RESOLVED, that the City Council directs the City
Clerk to forward copies of this Resolution to State and Federal Delegation.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
19
RESOLUTION
5. BY: MINORITY LEADER McLAUGHLIN, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, COUNCILMEMBERS
McDOW, GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, St. Paul the Apostle Parish, located at 602 McLean
Avenue in Yonkers will hold its Annual St. Paul the Apostle Fair at Coyne
Park on Thursday, Oct. 8h, Friday, Oct. 9th, Saturday Oct 10th , Sunday,
October 11th,and Monday October 12th 2009, and has requested
permission from the City Council to place four banners within the city
promoting this event, and
WHEREAS, St. Paul the Apostle Parish has asked that the banners
be placed as soon as possible, at the following locations: (1st.) McLean
Avenue & Central Park Avenue, (2nd) O’Dell Avenue & Nepperhan
Avenue, (3rd) Tuckahoe Road & Central Park Avenue and the (4th) at
Yonkers Ave. & Midland Ave. closest to the Old Gold’s Gym, or where
ever convenient; and to be removed as soon after October 12, 2009 as is
possible, and
WHEREAS, said locations are subject to the scheduling and
availability of the banner sites as administered by the Department of
Public Works.
NOW, THEREFORE BE IT RESOLVED that the City Council of the
City of Yonkers hereby grants permission to St. Paul the Apostle Parish to
place four banners in the aforementioned locations, subject to any terms
and conditions deemed appropriate by the Administration to protect the
best interests of the City of Yonkers.

New York State Housing Finance Agency Approve $24.2 million for Yonkers Grant Park Apartments

http://yonkerstribune.typepad.com/yonkers_tribune/2009/09/nys-hfa-approves-financing-for-apartments-in-yonkers.html

Intergovernmental Relations Committee Meeting Wednesday, September 16, 2009 at 7:00 PM

Please be advised that an Intergovernmental Relations Committee Meeting has been scheduled for Wednesday, September 16, 2009 at 7:00 PM in the Council Conference Room, Yonkers City Hall, 4th Floor.

The following items will be on the Agenda:

1. Resolution – approval and consent to the appointments of Richard A. Carlson as Chairman and/or Member of the Landmarks Preservation Board and Richard Halevy, Harjit Jassal and C. James Westbrook as Members to the Landmarks Preservation Board.

2. Resolution – approval and consent to the appointment of Robert Piwinski to the Landmarks Preservation Board.

3. An update by the Administration on the work done by the consultants to the Landmarks Preservation Board.

4. Any additional items that may properly come before this Committee.

We ask the Administration to please have the nominees attend the meeting so they can interviewed by the Committee and to have Corporation Counsel present to answer questions about the legal requirements of the Landmarks Board. We would also request that the Administration update the Council on the status of the work of the consultants to Landmarks Preservation Board.

Rules Committee Meeting Wednesday at 6:30pm

Rules Committee Meeting
9/16/2009 6:30 PM
Yonkers City Hall
40 South Broadway
Yonkers, New York 10701


NO AGENDA AVAILABLE AT TIME OF POSTING

Zoning Board of Appeals Meeting Tuesday at 6pm

Zoning Board of Appeals
9/15/2009 6:00 PM
City Council Chambers
City Hall-4th Floor
Yonkers, New York 10701

AGENDA FOR ZONING BOARD OF APPEALS

PLEASE TAKE NOTICE: A public Hearing will be held before the Zoning Board of Appeals of the City of Yonkers on TUESDAY, SEPTEMBER 15, 2009 at 6:00 P.M. sharp, in the Ceremonial Courtroom, Yonkers, New York (building is accessible to the handicapped), on applications for Appeals from the Building Commissioner’s decisions and applications for Variances under the provisions of G.O. #4-2000, as amended:

DECISIONS:

#5157 – Area Variance & Improvement/Intensification of a Non-Conforming Use – Smith, Buss & Jacobs on behalf of Bharat Gandhi (owner), on premises known as 322 Yonkers Avenue, Block 388, Lot 100, Zone: “I”.

#5162 – Use & Area Variance – Snyder & Snyder LLP on behalf of Parkledge Apartments (owner) & T-Mobile Northeast, LLC (lessee), on premises known as 220 a/k/a 230 Yonkers Avenue, Block 405, Lots 29-33, Zone: “BA”.

#5163 – Use & Area Variance – Snyder & Snyder LLP on behalf of 61-65 Central Avenue, LLC (owner) & T-Mobile Northeast , LLC (lessee), on premises known as 61-65 Central Park Avenue, Block 6004, Lot 1, Zone: “B”.

#5164 – Area Variance – James G. Dibbini, Esq., on behalf of Catherine La Banca (owner), on premises known as 2 Royal Street, Block 5190, Lot 13, Zone: “T”.

# 5172 – Area Variance – Mario Canteros, Architect on behalf of Jimmy Rugova (owner), on premises known as 215 Sommerville Place, Block: 2438 Lot: 25, Zone: “M”.

# 5173 – Area Variance - Mario Canteros, Architect on behalf of Jimmy Rugova (owner), on premises known as 221 Sommerville Place, Block: 2438 Lot: 23, Zone: “M”.

# 5177 – Use & Area Variance – Snyder & Snyder, LLP on behalf of 1-3 Remsen Road Corp. (owner), & T-Mobile Northeast , LLC (lessee), on premises know as 1-3 Remsen Road aka 57 Newport Road, Block: 4350 Lot: 150, Zone: “MG”.

NEW HEARINGS

# 5144-A – Area Variance – Miguel A. Sostre, Architect, on behalf of N. James Sayegh (owner), to convert the existing vacant office structure into a 5-family multiple dwelling. Having insufficient lot width, as per Section 43-27, Table 43-3 (required 100’; proposed 90’). Insufficient side yard/total side yard, as per Section 43-27, Table 43-3 (required 25’/50’; proposed 12.3’/33.9’+/-), on premises known as 381 aka 385 Palisade Avenue, Block: 2159 Lot: 47, Zone: “MG”.

#5167 – Intensification of a Non-Conforming Use & Area Variance – James A. Gibbons, P.E., on behalf of Zeqir Demiraj (owner), to construct a new 1-family dwelling adjacent to the existing 3-family dwelling. Whereas, the intensification of a non-conforming use requires Zoning Board of Appeals approval. The house on Lot 26 is a 3-family dwelling in an S-50 Zone (ref. Yonkers Zoning Ordinance 43-21.B.1). Insufficient lot area per family per Section 43-27, Table 43-3 (required 5,000 square feet, proposed 1,666.7 square feet) (per family), on premises known as 23 Desmond Avenue, Block 5327, Lot 26 & 27.28, Zone: “S-50”.

# 5179- Area Variance – John Imhof on behalf of Thepchai Vechkulwrapan (owner), to change the use of the entire building to “fast food restaurant’ by expanding the existing Thai restaurant into the deli space thereby changing the use of the deli from “fast food & beverage store” into a “fast food restaurant” use. Having insufficient parking, as per Section 43-128 & Table 43-4 (required 49; proposed 34 (credit)). Insufficient loading spaces (required 1; proposed 0) as per Section 43-128, Table 43-5, on premises known as 629 aka 631 McLean Avenue, Block: 6002 Lot: 75, Zone: “B”.

# 5180 – Area Variance – Andrew Romano, Esq. on behalf of Robert Stevenson (owner), to legalize a side yard pool & deck & basement alteration. Having insufficient side-front yard, per Section 43-27, Table 43-3 (required 10’; proposed 2’). Insufficient side yard setback for pool & pool deck, per Section 43-41P(6) (required 6’; proposed unknown). Provide the dimension from the pool deck to the side lot line. An unroofed deck or patio may not project more than 8’ into the minimum front yard, per Section 43-33P(1)(a) (required 8’; proposed 14’scaled). Also, parking in the front yard is not permitted, per Section 43-133A(1). Pool shall not be located in the minimum required side yard, per Section 43-41P(1) variance required, on premises known as 571 Mile Square Road, Block: 5039, Lot: 1, Zone: “T”.

# 5181 – Improvement of a Non-conforming Use – Andrew Romano, Esq. on behalf of City Harvest Church (owner), to re-construct a small retaining wall on the premises. Whereas, the improvement to a non-conforming use requires Zoning Board of Appeals approval, as per Yonkers Zoning Ordinance 43-21.G), on premises known as 44 Hudson Street, Block: 502 Lot: 1, Zone: “DWD”.

# 5182 – Area Variance – James G. Dibbini, Esq. on behalf of Elm Street Yonkers LLC (owner), to replace rear porches & covered stairwells to existing building. Having insufficient side yards (required 16’/32’; proposed 14.5’/15.5’ +/-) as per Section 43-27, Table 43-3. Exceeding maximum building coverage (required 40% maximum; proposed 53%) as per Section 43-27, Table 43-3. Exceeding maximum floor area ratio (required 1.25 maximum; proposed 2.12) as per Section 43-27, Table 43-3, on premises known as 161 Elm Street, Block: 452 Lot: 30, Zone: “B”.

# 5183 – Area Variance – Lana & Coppola on behalf of Ellen Pellegrino (owner), to legalize a portico & stone veneer in front of the existing one-family dwelling. Having insufficient front yard, as per Section 43-27, Table 43-3 (required 20.5; proposed 18.1) (Portico & stone veneer), on premises known as 105 Candlewood Drive, Block: 4469 Lot: 57, Zone: “S-60”.

# 5184 – Area Variance – Lana & Coppola on behalf of Pasquale Pellegrino (owner), to legalize the conversion of a 2-family into a 4-family multiple dwelling. Having insufficient front yard, as per Section 43-27, Table 43-3 (required 15’; existing 13.5’). Insufficient rear yard and side yard setback for detached garage as per Section 43-44A(9)© (15’ required; 2.1’ & 1.6’ +/- respectively), on premises known as 32 aka 30 Thurman Street, Block: 459 Lot: 20, Zone: “M”.

# 5185 - Use Variance – Snyder & Snyder on behalf of FDR Limited Co. (owner), & SMSA Limited Partnership d/b/a Verizon Wireless (lessee), to co-locate small panel antennas on the existing monopole, together with related equipment at the base thereof. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1, on premises known as 57 Fullerton Avenue, Block: 5056 Lot: 9, Zone: “I”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA

Landmarks Preservation Board Meeting Thursday September 10th at 7pm

Landmarks Preservation Board Meeting
9/10/2009 7:00 PM
City Hall - Ceremonial Court Room
40 South Broadway

Planning Board Meeting Wednesday 9th at 5:30pm

Planning Board Meeting
9/9/2009 5:30 PM
City Hall - City Council Chambers
40 South Broadway

CITY COUNCIL MEETING TONIGHT AT PHILIPSE MANOR HALL 8PM

CITY COUNCIL MEETING
9/8/2009 8:00 PM - 10:00 PM
PHILIPSE MANOR HALL
MANOR HOUSE SQUARE
YONKERS, New York 10701

AGENDA 09-08-2009


AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
2


INDEX
ITEM DESCRIPTION PAGE
1. SPECIAL ORDINANCE - WORTH STREET 8
DISCONTINUANCE
2. SPECIAL ORDINANCE – LONG HOUSE FORCE 9
MAIN CONNECTION (1000 RIDGE HILL BLVD)
3. SPECIAL ORDINANCE – AMENDING GRANT 10
BUDGET FOR 2009/2010 (15,000.00)
4. RES – SETTLEMENT – CASTRO ($750.25) 11
5. RES – SETTLEMENT – KOLMER ($1,950.00) 12
6. RES – SETTLEMENT – ROSS ($2,000.00) 13
7. RES – SETTLEMENT – ORELLANA ($950,000) 14
8. RES - PARKS GRANT – ($15,000.00) 15
9. RES – COMMISSIONERS OF DEEDS 16/17
10. RES – EARLY CHILDHOOD INITIATIVE 18
11. RES – DIRECTING INSPECTOR GENERAL TO 19/20
REVIEW F.O.I.L. REQUESTS
12. RES – BANNER – ST. ANN’S ANNUAL FEAST 21
13. HONORARIUM – ROCCO MASSELLO 22/23
14. HONORARIUM – MILAD NUKHO 23/24
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
3
COMMUNICATIONS
FROM THE TOWN BOARD OF EASTCHESTER: A NOTICE OF A
PUBLIC HEARING TO BE HELD AT THE EASTCHESTER TOWN HALL
LOCATED AT 40 MILL ROAD IN SAID TOWN, ON TUESDAY,
SEPTEMBER 15,2009 AT 8:00PM. RE: A LOCAL LAW PROVIDING FOR
THE AMENDMENT OF CERTAIN SECTIONS OF THE ZONING LAW OF
THE TOWN OF EASTCHESTER.
COPIES ON DESKS
FROM THE WESTCHESTER COUNTY PLANNING BOARD, RE:
DISCONTINUANCE WITH A PORTION OF WORTH STREET, THE
COUNTY PLANNING BOARD FINDS THAT THERE ARE NO COUNTY
OR INTERMUNICIPAL PLANNING ISSUES OF CONCERN TO THE
COUNTY PLANNING BOARD.
COPIES ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
4
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
5
PUBLIC HEARING NO.1
A PUBLIC HEARING ON THE MATTER OF HONORARILY RENAMING
A PORTION OF GLENBROOK AVENUE, BETWEEN LAKESIDE DRIVE
AND VAN CORTLANDT PARK AVENUE, AS ROCCO MASSELLO
AVENUE.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
6
PUBLIC HEARING NO.2
A PUBLIC HEARING ON THE MATTER, PROPERLY NOTIFIED AND
PUBLICIZED AND THAT THE CITY COUNCIL OF THE CITY OF
YONKERS IS TO HOLD A PUBLIC HEARING ON THE MATTER OF
HONORARILY RENAMING A PORTION OF SOUTH BROADWAY,
BETWEEN FANSHAW AVENUE AND BERKELEY AVENUE, AS MILAD
NUKHO WAY.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
7
PUBLIC HEARING NO.3
A SPECIAL ORDINANCE DISCONTINUING A PORTION OF
WORTH STREET AS A PUBLIC STREET PURSUANT TO
SECTION 29 OF THE GENERAL CITY LAW.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
8
SPECIAL ORDINANCE
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
A SPECIAL ORDINANCE DISCONTINUING A PORTION
OF WORTH STREET AS A PUBLIC STREET PURSUANT
TO SECTION 29 OF THE GENERAL CITY LAW.
The City of Yonkers, in City Council convened,
hereby ordains and enacts:
Section 1. That portion of Worth Street, in the area running
from Nepperhan Avenue to the Saw Mill River is a paper street.
The remainder of Worth Street, running from the Saw Mill River to
the Saw Mill River, is a public street and will remain so. This paper
street, hereinbefore described, is being discontinued and is shown
on a map and the description is filed with the Planning Board of the
City of Yonkers. Worth Street is a public street in the City of
Yonkers, and that portion hereof which is a paper street, is hereby
discontinued as a public street and removed from the Official Map
of the City of Yonkers, in its entirety pursuant to Section 29 of the
General City Law subject to the following conditions;
(a) The City of Yonkers presently has a 30” watermain, a 30”
utility storm drain and a 12” utility sanitary sewer located
within the area in question in Worth Street between
Nepperhan Avenue and the Saw Mill River. The City of
Yonkers must retains access to above mentioned utilities
and this approval is granted conditioned upon the granting of
the necessary access Easements
Section 2. The affected City departments, bureaus
and agencies shall amend the necessary City records, including the
Official City Map accordingly.
Section 3. This Special Ordinance shall take effect
as provided by law.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
9
SPECIAL ORDINANCE
2. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the Parks
Department for a grant from New York State Office of Parks, Recreation
and Historic Preservation for expenses relating to the Columbus
Celebration.
Increase Estimated Revenues
NYS Office of Parks, Recreation 049-G18-8008-8450 15,000.00
PKS-08-TA 075
PKS-07-TA-014
Increase Appropriation
Parks Dept – Special Projects 049-G18-8008-0496 $15,000.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
10
SPECIAL ORDINANCE
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
AN ORDINANCE AUTHORIZING AND PERMITTING THE PROPERTY
OF 1000 RIDGE HILL BLVD. BLOCK 4079 LOT (S) 1 TO MAKE A LONG
HOUSE FORCE MAIN CONNECTION TO THE CITY'S SANITARY
SYSTEM IN RIDGE HILL BLVD. (NO EXPENSE TO THE CITY OF
YONKERS).
The City of Yonkers, in City Council convened, hereby ordains and
enacts:
Section 1. Permission is hereby granted to the property owner of
1000 Ridge Hill Blvd., Block 4079 Lot(s) 1 to make a long house force
main sanitary sewer connection from said lot to a city sanitary sewer in
RIDGE HILL BLVD. at his own cost and expense and in accordance with
the plan submitted by William R. Vogt Jr. P.E. #082070 dated JULY 1,
2009, filed in the Plumbing Division, subject to the conditions of a
Plumbing Permit to be secured from the Plumbing Division and a street
opening permit to be secured from the City Engineer.
Section 2. This permission is granted under the following terms and
conditions, to wit:
The granting of this permission shall, in no way, free or release the
said owner, or his successors, from the payment of any assessments or
benefits accruing to said lot by reason of the construction of any sanitary
sewer already built, or that hereafter shall be built, to serve the area within
which the lot herein referred to is located.
The cost of construction, maintenance and repairs of said long house
connection shall be the responsibility of the owner of the building served
by the long house connection.
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
11
RESOLUTION
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
Seven Hundred Fifty Dollars and Twenty Five Cents ($750.25) of the
action entitled, “Pedro Castro, (residing at 77 Locust Hill Avenue, Yonkers,
New York 10701), Claimant against THE CITY OF YONKERS,
Respondent", for personal injuries arising out of an incident alleging that
on May 7, 2009 a City of Yonkers vehicle hit the pedestrian claimant at the
intersection of Saw Mill River Road and Old Nepperhan Avenue in
Yonkers, be and the same hereby is approved and the Comptroller of the
City of Yonkers is directed to draw his warrant in the amount of Seven
Hundred Fifty Dollars and Twenty Five Cents ($750.25) in favor of said
plaintiffs.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
12
RESOLUTION
5. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
ONE THOUSAND NINE HUNDRED FIFTY AND 00/100 DOLLARS
($1,950.00) of the action entitled, "JOHN KOLMER plaintiff against THE
CITY OF YONKERS, Defendant", for property damages from a City
bucket truck that came in contact with electrical wiring attached to the
siding on claimant’s home, be and the same hereby is approved and the
Comptroller of the City of Yonkers is directed to draw his warrant in the
amount of ONE THOUSAND NINE HUNDRED FIFTY AND 00/100
DOLLARS ($1,950.00) in favor of said plaintiff.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
13
RESOLUTION
6. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
Two Thousand Dollars ($2,000.00) of the action entitled, “Tamilya Ross,
(residing at 28 Purser Place, Yonkers, New York 10705), Claimant against
THE CITY OF YONKERS, Respondent", for property damages arising out
of an incident alleging that on May 7, 2009 the claimant’s vehicle was
stuck by a branch from a City tree in front of 41 Purser Place in Yonkers,
be and the same hereby is approved and the Comptroller of the City of
Yonkers is directed to draw his warrant in the amount of Two Thousand
Dollars ($2,000.00) in favor of said claimant.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
14
RESOLUTION
7. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
Nine Hundred Fifty Thousand Dollars ($950,000.00) of the action entitled,
“Richard Orellana, an infant over the age of fourteen years by Ricardo
Orellana and Elliete Orellana, his parents and natural guardians and
Ricardo Orellana and Elliete Orellana individually, (residing at 262
Palisade Avenue, Yonkers, NY 10701), Plaintiffs against THE Board of
Education of the City of Yonkers and Myron Santo, Defendants", for
personal injury arising out of an accident alleging that on October 17, 2003
plaintiff Richard Orellana was struck in the left eye with a screw at Gorton
High School, in Yonkers, be and the same hereby is approved and the
Comptroller of the City of Yonkers is directed to draw his warrant in the
total amount of Nine Hundred Fifty Thousand Dollars ($950,000.00) in
favor of said plaintiffs and their attorneys, Tomkiel & Tomkiel, 60 East 42nd
Street, New York, New York 10165, to be paid in the following
installments:
1) First installment of $400,000.00 upon approval of the settlement;
2) Second installment of $137,000.00 on or before July 2, 2010;
3) Third installment of $137,000.00 on or before July 2, 2011;
4) Fourth installment of $138,000.00 on or before July 2, 2012; and
5) Fifth and final installment of $138,000.00 on or before July 2
2013.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
15
RESOLUTION
8. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
WHEREAS, the Department of Parks, Recreation and Conservation
has been awarded a $15,000 State of New York, Office of Parks,
Recreation and Historic Preservation Guidelines grant to fund the
Columbus Celebration held by the City of Yonkers under Grant PKS -08-
TA-075 and TA-014 and the legislative sponsors are Assemblyman
Michael Spano and Senator Andrea Stewart-Cousins; and
WHEREAS, this grant covers costs associated with the Columbus
Celebration activities and there are no matching funds required from the
City; and
NOW, THEREFORE, BE IT RESOLVED, by the Yonkers City
Council, that it does hereby endorse and approve the application for a
$15,000 grant; and be it further,
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
16
RESOLUTION
9. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
BE IT RESOLVED, that the following applicant(s) are hereby
appointed and/or reappointed to the office of Commissioner of Deeds for a
period of two years to expire on October 31, 2011.
Anthony Petrillo
399 North Broadway
Yonkers, New York 10701
Retired RENEWAL
Irene Laboy
117 LaSalle Drive
Yonkers, New York 10710
Lighting Service RENEWAL
Angela Di Caprio
200 Diplomat Drive 6D
Mt Kisco, New York 10549
City of Yonkers NEW
John Adely
20 Dexter Road
Yonkers, New York
RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
17
RESOLUTION (CONTINUED)
Maria T. Bellino
24 College Place
Yonkers, New York 10704
Board of Ed RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
18
RESOLUTION
10. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
WHEREAS, the City of Yonkers and the Early Childhood Initiative
(ECI) are hosting Family Day, which is being held on November 7, 2009,
and
WHEREAS, the organizers of Family Day would like to hang
banners at the following locations: City Hall Bridge; Mclean Avenue &
Central Avenue; Linden Street & Park Avenue; Sadore Lane bridge ; North
Broadway & Executive Avenue (double sided); Yonkers Avenue (adjacent
to Planet Fitness, double sided).
WHEREAS, said locations are also subject to the scheduling and
availability of the banner sites as administered by the Department of
Public Works.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to the Early Childhood Initiative
to place said banners, subject to locations, terms and conditions deemed
appropriate by the Department of Public Works to protect the public safety
and best interests of the City of Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
19
RESOLUTION
11. BY COUNCILMEMBER GRONOWSKI, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, MINORITY LEADER
McLAUGHLIN, COUNCILMEMBERS McDOW, MURTAGH AND
BARBATO;
WHEREAS, Article 6 of the New York State Public Officers Law
provides for public access to government records; and
WHEREAS, This statute, commonly referred to as the Freedom of
Information Law (FOIL), applies to local government entities, and states, in
part, that “a free society is maintained when government is responsive and
responsible to the public, and when the public is aware of governmental
actions. The more open a government is with its citizenry, the greater the
understanding and participation of the public in government”; and
WHEREAS, the FOIL law further states that, “The people's right to
know the process of governmental decision-making and to review the
documents and statistics leading to determinations is basic to our society.
Access to such information should not be thwarted by shrouding it with the
cloak of secrecy or confidentiality”, further noting, “that government is the
public's business and that the public, individually and collectively and
represented by a free press, should have access to the records of
government in accordance with the provisions of this article”; and
WHEREAS, Article 6, §86 Definition of “records” includes any
information kept, held, filed, produced or reproduced by, with or for an
agency in any physical form whatsoever including, but not limited to,
reports, statements, examinations, memoranda, opinions, folders, files,
books, manuals, pamphlets, forms, papers, designs, drawings, maps,
photos, letters, microfilms, computer tapes or discs, rules, regulations or
codes; and
WHEREAS, Electronic mail has become an indispensable tool for
public bodies, significantly impacting how public officials communicate
with constituents, staff, and other public officials, and the FOIL grants
access to public records in whatever form they are maintained in order to
guarantee citizens access to their government, and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
20
RESOLUTION (CONTINUED)
WHEREAS, through the years, I have had numerous FOIL requests
ignored, received responses beyond the timeframe allowed by FOIL
requirements, or, in many cases, was provided with information I did not
request, with the City of Yonkers taking the position that my request had
been fulfilled when, indeed, it had not been; and
WHEREAS, as a member of the Yonkers City Council, I have been
contacted by constituents who have received similar treatment when
submitting valid FOIL requests,
Now, therefore, be it resolved, that the City Council of the City of
Yonkers directs the Inspector General to undertake a review of the City of
Yonkers Freedom of Information Law (FOIL) requests to determine if
Yonkers is in compliance with the timely release of information, consistent
with FOIL requirements.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
21
RESOLUTION
12. BY COUNCILMEMBER BARBATO, COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS McDOW, GRONOWSKI AND MURTAGH;
WHEREAS, The Parish of St. Ann’s, on Midland Ave., will be
holding their “ St. Ann’s Annual Feast” Thursday, Sept. 24th thru Sunday,
Sept. 27th, 2009, and has requested permission from the City Council to
place 3 banners around town promoting the event, and
WHEREAS, St. Ann’s has asked that they be permitted to place
one (1) banner on Midland Ave. at Smart Ave.; one (1) banner on Palmer
Rd. at Kingston Ave., and one (1) banner on Yonkers Ave. in the 300
block, with removal as soon as possible after September 27th.
NOW, THEREFORE BE IT RESOLVED that the City Council of the
City of Yonkers hereby grants permission to St. Ann’s Parish to place
three (3) banners in the aforementioned locations, subject to any terms
and conditions deemed appropriate by the Administration to protect the
best interests of the City of Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
22
RESOLUTION
13. MAJORITY LEADER ANNABI, COUNCIL PRESIDENT LESNICK
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
WHEREAS, the late ROCCO MASSELLO was a widely respected
resident who worked hard in the City of Yonkers with many different
people during his years, and
WHEREAS, ROCCO MASSELLO was an Industrial Engineer for
Philips Electronics Instruments for many years before retiring in 1990, and
WHEREAS, ROCCO MASSELLO was very active in the
community, serving as a Director of the Congress of Italian Americans
Organization’s Help Center on Park Hill Avenue, and served as Chairman
of the Yonkers Columbus Day Committee, as well as a member of the
Board of Directors of the Yonkers Community Action Program, a school
board member of Our Lady of Mount Carmel –St. Anthony School and
was a volunteer for “My Sister’s Place” for battered women; and
WHEREAS, ROCCO MASSELLO was a loving husband to Lucille
Massello, a father to two children, Andrew Massello and Barbara
Massello, and a beloved grandfather; and
WHEREAS, it is with great sadness that the City Council mourns
the passing of ROCCO MASSELLO, but honors his life because he did so
much for his family, the City and its residents, and
WHEREAS, it is the desire of the City Council to honor the
Massello family’s requests to render a public and permanent reminder of
the accomplishments and achievements of this wonderful person; and
WHEREAS, the Yonkers City Council requires that a public hearing
take place for such a request.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
23
RESOLUTION (CONTINUED)
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers is to hold a public hearing on the matter of honorarily
renaming a portion of Glenbrook Avenue, between Lakeside Drive and
Van Cortlandt Park Avenue, as ROCCO MASSELLO AVENUE.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
24
RESOLUTION
14. BY MAJORITY LEADER ANNABI, COUNCIL PRESIDENT LESNICK,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
WHEREAS, Milad Nukho was born on January 10, 1935 in Al-
Huson, Jordan; and
WHEREAS, In April of 1970 Milad Nukho migrated to the United
States of America making his one and only stop in Yonkers; and
WHEREAS, Milad Nukho was a visionary who, through hard work
and perseverance, and the support of his wife and family, was able to
build a vast real estate conglomerate that essentially spans every corner
of the fourth largest city in the state of New York; and
WHEREAS, Milad Nhuko’s first real estate purchase in Yonkers
was a small apartment building located on 1 Morris Crescent; and
WHEREAS, in 1980 Milad purchased 578 South Broadway, a
Texaco gas and service station, and that Texaco repair shop on South
Broadway quickly became a renowned place of business in Yonkers,
developing a strong customer base where individuals could feel secure
with the comprehensive and superior service Milad provided over the past
30 years; and
WHEREAS, while many of his friends were moving to Arizona or
towns outside of Yonkers, Milad opted to stay in Yonkers where he
continued to invest and develop his future within this city; and
WHEREAS, Milad Nukho went on to purchase 66 Fanshaw Ave, 18
Ritchie Drive, 2 Wingate Road, 21 Rumsey Road, 563-573 South
Broadway, 167-171 Radford Street, 461 Riverdale Ave, and 790-800-808
Tuckahoe Road showing all disbelievers that Yonkers was worth
investing in;
WHEREAS, Milad Nukho invested his entire life into Yonkers and
never contemplated relocation and went out of his way to help his
community and furthermore would not hesitate to get his hands dirty to
help those in need; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
25
RESOLUTION (CONTINUED)
WHEREAS, Milad Nukho would often help a person stranded on
the side of the road, even while dressed in a suit and tie on his way to an
event with his family; and.
WHEREAS, the family of Milad Nukho, residents of 66 Fanshaw
Avenue, have requested that the city of Yonkers provide a sign bearing his
name, on the portion of South Broadway in Yonkers between Fanshaw
Avenue and Berkeley Avenue, as Milad has watched over South
Broadway for his entire life; and
WHEREAS, the Yonkers City Council requires that a public
hearing take place for such a request.
THEREFORE, be it resolved that the City Council is to hold a
public hearing on the matter, properly notified and publicized and that the
City Council of the City of Yonkers is to hold a public hearing on the matter
of honorarily renaming a portion of South Broadway, between Fanshaw
Avenue and Berkeley Avenue, as Milad Nukho Way.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
26
COMMITTEE REPORTS

Empire State Development Corporation Doles out $8.9million to Yonkers

http://www.lohud.com/article/20090906/NEWS02/909060315/1246/NEWS0224/Yonkers-gets--8.9M-for-redevelopment-projects