Sunday, January 31, 2010
REAL ESTATE COMMITEE MEETING Tuesday 2nd Feb at 7pm
REAL ESTATE COMMITEE MEETING
2/2/2010 7:00 PM
YONKERS CITY HALL
40 SOUTH BROADWAY
YONKERS, New York 10701
Please be advised that a Real Estate Committee Meeting has been scheduled for Tuesday, February 2, 2010 at 7:00 PM in the Conference Room, Yonkers City Hall, 4th Floor.
The following items will be on the Agenda:
1. Resolution - Special Use Permit – 380 Saw Mill River Road – to allow for two retail buildings to house stores and professional offices.
2. Special Ordinance – Special Use Permit – 594 a/k/a 600 Nepperhan Avenue – for the operation of a convenience store in conjunction with an automobile service station.
3. Presentation - Teutonia Hall Buena Vista Planned Unit Redevelopment.
4. 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 their departments.
2/2/2010 7:00 PM
YONKERS CITY HALL
40 SOUTH BROADWAY
YONKERS, New York 10701
Please be advised that a Real Estate Committee Meeting has been scheduled for Tuesday, February 2, 2010 at 7:00 PM in the Conference Room, Yonkers City Hall, 4th Floor.
The following items will be on the Agenda:
1. Resolution - Special Use Permit – 380 Saw Mill River Road – to allow for two retail buildings to house stores and professional offices.
2. Special Ordinance – Special Use Permit – 594 a/k/a 600 Nepperhan Avenue – for the operation of a convenience store in conjunction with an automobile service station.
3. Presentation - Teutonia Hall Buena Vista Planned Unit Redevelopment.
4. 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 their departments.
Saturday, January 30, 2010
Press Release Asking for the Arrest of Bruce Ratner
FOR IMMEDIATE RELEASE
BREAKING NEWS Efforts to Arrest Ratner Yield Phone Call From F.B.I and U.S. Southern District Court Confirming Evidence from Ratner - Immediate Indictment of Ratner Still Sought
What: BREAKING NEWS IN FRIDAY A.M. DEADLINE TO ARREST BRUCE RATNER
Where: Brooklyn, NY
Who: Picture the Homeless, FUREE (Families United for Racial and Economic Equality), Fightin' Freddy's (patrons of Freddy's Bar, near the shelter), and City Council member Letitia James
Contact: Steve de Seve (pronounced de sev) 917 330-6147
Arrest Ratner Call-A-Thon Website: https://sites.google.com/site/fightinfreddys/
BREAKING NEWS
In a conference call between the F.B.I., the U.S. Southern District Court, an a co-organizer of yesterday's attempted Citizen's Arrest of Billionaire Bruce Ratner, initiated at 5:03 p.m. on Thursday, January 28, Jason Halpernin, Assistant U.S. Attorney, Southern District of New York and Michael Mazzuca, FBI Special Agent confirmed they had evidence of an alleged bribe paid through a conspiracy, from Ridge Hill and Atlantic Yards/Barclays Center developer Ratner to former Yonkers City Council member Sandy Annabi.
"Mr. Halpernin and Special Agent Mazzuca refused to answer most of my questions," de Seve said. "However, when I asked them if they possessed evidence of a bribery conspiracy that started with Mr. Ratner and led to Ms. Annabi, they confirmed that the indictment of Ms. Annabi for allegedly taking a bribe from Ratner that led her to then change her vote and greenlight Ratner's $600 Million Ridge Hill project was still valid, and based on solid evidence."
"i will let the indictment speak for itself," Mr Halperin said.
And the indictment speaks loud and clear. In fact, there would be no indictment against Ms. Annabi, the former Yonkers City Council member, for bribery, if there was no solid evidence of a bribe from the developer, referred to in the indictment as "developer number 2."
The conversation lasted approximately 6 minutes. The Federal Attorney and the Special Agent informed Mr. de Seve that they were calling because the New York State Attorney General's Office had called to inform them that de Seve had evidence or information with a bearing on the bribery case.
"'I do,' I told them. Mr. Ratner has exhibited sociopathic behavior in closing the Pacific Dean Family Homeless Shelter in the middle of Winter. Locking away from use beds and a roof for up to 80 homeless families. When families come knocking at the door of the shelter to find a warm bed for their children, they will find that door locked."
"I also informed them," de Seve continued, "that the Southern District Court's delay in indicting Mr. Ratner, when they had evidence in hand, could cause an incorrect judgment to be reached Friday morning in New York State Supreme Court, by depriving Judge Abraham Gerges of having a clear view of one of the parties in the Eminent Domain case he would be ruling on."
"With a delay in the indictment not being corrected before the hearing, the Judge will be working with incomplete information. That will affect the case. And if the case is wrongfully decided by your delay, then there will be legal repercussions."
De Seve also informed the callers that he believes the delay to be politically motivated, since Mr. Ratner is a campaign contributor to New York State Attorney General Andrew Cuomo, who has also not acted in a timely manner to indict the Billionaire.
When de Seve asked hypothetically, under what circumstances can the Southern District Court share information and evidence with an Attorney General's or District Attorney's office, Mr. Halpernin immediately clammed up.
"That was strange," de Seve said. "I can understand him being prohibited from talking about a specific case. But I know enough about the law to know a Federal Attorney is allowed to discuss hypothetical legal issues, as long as they are not specific to any case they are currently working on."
Beyond introducing himself, Special Agent Mazzuca, the person in charge of the FBI investigation of the Ratner/Annabi alleged bribe, said nothing.
"G. Gordon Liddy would have been proud of how he conducted himself. He was a rock. And said exactly as much as a rock would say."
The conference call was also initiated from a blocked number, which struck de Seve as odd.
"What does the government have to hide that they have to call from a blocked number?" he said. Probably plenty. What the Attorney failed to answer, despite repeated questioning was the question on everybody's mind: If you have evidence of a bribe, then why are you prosecuting only the recipient of the bribe, and not the briber? It's the same evidence. It's the same bribe.
De Seve ended the call with the Feds by saying, "The public has a right to know why you are letting Mr. Big, the man who made $600 Million from the alleged bribe, go, while you are going after the little fish who walked away from the alleged deal with only $60,000. It has the appearance of impropriety. The lack of an indictment at this point will color a NY Supreme Court case. And it seems like it is a case of Mr. Ratner, who has received special treatment and subsidies from many branches of government already is being once again given special treatment, especially compared with the treatment of Ms. Annabi, who was arrested and is now facing trial while Ratner is not. I encourage both of you gentlemen to work hard tonight, and see to it you indict Mr. Ratner before tomorrow's 9:30 a.m. hearing."
Community members along with members of the homeless community will continue to call the Attorney General of New York, Mr. Andrew Cuomo and Westchester County's D.A., Janet DiFiore as well as the Southern District throughout the day Friday to insist they indict Ratner for his part at the top of the alleged conspiracy that led to the indictment of Sandy Annabi for accepting a bribe on behalf of Ratner, for which she is charged with changing a vote and leading to Mr. Ratner getting approval of the $600 Million Ridge Hill project.
"Bribery is a crime in the State of New York. And the Attorney Generals Office told me that either they could prosecute Ratner, or Ms. DiFiore could prosecute him. They did not tell my why they have delayed in doing so in advance of tomorrow's Eminent Domain hearing." de Seve said.
"We have shaken their tree with our Citizens Arrest attempt and with our Call-a-Thon to Arrest Ratner," de Seve later told fellow organizers after the startling call. "Now let's shake it a little harder."
The group has also called for Attorney General Andrew Cuomo to "show us the check you are sending to Ratner to return his campaign contributions to you, so there in no continued appearance of impropriety in your failure to have brought State charges against him."
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BREAKING NEWS Efforts to Arrest Ratner Yield Phone Call From F.B.I and U.S. Southern District Court Confirming Evidence from Ratner - Immediate Indictment of Ratner Still Sought
What: BREAKING NEWS IN FRIDAY A.M. DEADLINE TO ARREST BRUCE RATNER
Where: Brooklyn, NY
Who: Picture the Homeless, FUREE (Families United for Racial and Economic Equality), Fightin' Freddy's (patrons of Freddy's Bar, near the shelter), and City Council member Letitia James
Contact: Steve de Seve (pronounced de sev) 917 330-6147
Arrest Ratner Call-A-Thon Website: https://sites.google.com/site/fightinfreddys/
BREAKING NEWS
In a conference call between the F.B.I., the U.S. Southern District Court, an a co-organizer of yesterday's attempted Citizen's Arrest of Billionaire Bruce Ratner, initiated at 5:03 p.m. on Thursday, January 28, Jason Halpernin, Assistant U.S. Attorney, Southern District of New York and Michael Mazzuca, FBI Special Agent confirmed they had evidence of an alleged bribe paid through a conspiracy, from Ridge Hill and Atlantic Yards/Barclays Center developer Ratner to former Yonkers City Council member Sandy Annabi.
"Mr. Halpernin and Special Agent Mazzuca refused to answer most of my questions," de Seve said. "However, when I asked them if they possessed evidence of a bribery conspiracy that started with Mr. Ratner and led to Ms. Annabi, they confirmed that the indictment of Ms. Annabi for allegedly taking a bribe from Ratner that led her to then change her vote and greenlight Ratner's $600 Million Ridge Hill project was still valid, and based on solid evidence."
"i will let the indictment speak for itself," Mr Halperin said.
And the indictment speaks loud and clear. In fact, there would be no indictment against Ms. Annabi, the former Yonkers City Council member, for bribery, if there was no solid evidence of a bribe from the developer, referred to in the indictment as "developer number 2."
The conversation lasted approximately 6 minutes. The Federal Attorney and the Special Agent informed Mr. de Seve that they were calling because the New York State Attorney General's Office had called to inform them that de Seve had evidence or information with a bearing on the bribery case.
"'I do,' I told them. Mr. Ratner has exhibited sociopathic behavior in closing the Pacific Dean Family Homeless Shelter in the middle of Winter. Locking away from use beds and a roof for up to 80 homeless families. When families come knocking at the door of the shelter to find a warm bed for their children, they will find that door locked."
"I also informed them," de Seve continued, "that the Southern District Court's delay in indicting Mr. Ratner, when they had evidence in hand, could cause an incorrect judgment to be reached Friday morning in New York State Supreme Court, by depriving Judge Abraham Gerges of having a clear view of one of the parties in the Eminent Domain case he would be ruling on."
"With a delay in the indictment not being corrected before the hearing, the Judge will be working with incomplete information. That will affect the case. And if the case is wrongfully decided by your delay, then there will be legal repercussions."
De Seve also informed the callers that he believes the delay to be politically motivated, since Mr. Ratner is a campaign contributor to New York State Attorney General Andrew Cuomo, who has also not acted in a timely manner to indict the Billionaire.
When de Seve asked hypothetically, under what circumstances can the Southern District Court share information and evidence with an Attorney General's or District Attorney's office, Mr. Halpernin immediately clammed up.
"That was strange," de Seve said. "I can understand him being prohibited from talking about a specific case. But I know enough about the law to know a Federal Attorney is allowed to discuss hypothetical legal issues, as long as they are not specific to any case they are currently working on."
Beyond introducing himself, Special Agent Mazzuca, the person in charge of the FBI investigation of the Ratner/Annabi alleged bribe, said nothing.
"G. Gordon Liddy would have been proud of how he conducted himself. He was a rock. And said exactly as much as a rock would say."
The conference call was also initiated from a blocked number, which struck de Seve as odd.
"What does the government have to hide that they have to call from a blocked number?" he said. Probably plenty. What the Attorney failed to answer, despite repeated questioning was the question on everybody's mind: If you have evidence of a bribe, then why are you prosecuting only the recipient of the bribe, and not the briber? It's the same evidence. It's the same bribe.
De Seve ended the call with the Feds by saying, "The public has a right to know why you are letting Mr. Big, the man who made $600 Million from the alleged bribe, go, while you are going after the little fish who walked away from the alleged deal with only $60,000. It has the appearance of impropriety. The lack of an indictment at this point will color a NY Supreme Court case. And it seems like it is a case of Mr. Ratner, who has received special treatment and subsidies from many branches of government already is being once again given special treatment, especially compared with the treatment of Ms. Annabi, who was arrested and is now facing trial while Ratner is not. I encourage both of you gentlemen to work hard tonight, and see to it you indict Mr. Ratner before tomorrow's 9:30 a.m. hearing."
Community members along with members of the homeless community will continue to call the Attorney General of New York, Mr. Andrew Cuomo and Westchester County's D.A., Janet DiFiore as well as the Southern District throughout the day Friday to insist they indict Ratner for his part at the top of the alleged conspiracy that led to the indictment of Sandy Annabi for accepting a bribe on behalf of Ratner, for which she is charged with changing a vote and leading to Mr. Ratner getting approval of the $600 Million Ridge Hill project.
"Bribery is a crime in the State of New York. And the Attorney Generals Office told me that either they could prosecute Ratner, or Ms. DiFiore could prosecute him. They did not tell my why they have delayed in doing so in advance of tomorrow's Eminent Domain hearing." de Seve said.
"We have shaken their tree with our Citizens Arrest attempt and with our Call-a-Thon to Arrest Ratner," de Seve later told fellow organizers after the startling call. "Now let's shake it a little harder."
The group has also called for Attorney General Andrew Cuomo to "show us the check you are sending to Ratner to return his campaign contributions to you, so there in no continued appearance of impropriety in your failure to have brought State charges against him."
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Thursday, January 28, 2010
Wednesday, January 27, 2010
Board of Contract and Supply (BOCS) Monthly Meeting 1/27/2010 2:30 PM
Board of Contract and Supply (BOCS)
Monthly Meeting
1/27/2010 2:30 PM - 3:00 PM
Mayor's Reception Room
City Hall, 40 South Broadway
Yonkers, New York 10701
NO AGENDA AVAILABLE AT TIME OF POSTING
Monthly Meeting
1/27/2010 2:30 PM - 3:00 PM
Mayor's Reception Room
City Hall, 40 South Broadway
Yonkers, New York 10701
NO AGENDA AVAILABLE AT TIME OF POSTING
Monday, January 25, 2010
Green Policy Task Force announce 124 Yonkers school buses retrofitted with pollution control devices
The City of Yonkers Green Policy Task Force will announce that 124 Yonkers school buses are now retrofitted with pollution control devices and that 185 anti-idling signs are now installed in the bus areas at all Yonkers Public Schools as part of a $300,000 Environmental Protection Agency grant to reduce airborne engine pollutants and promote clean air.
EVENT: 8:30 a.m. - Meet at Beczak Environmental Education Center, 35 Alexander Street, Yonkers for coffee and donuts.
9:00 a.m. - Participants will board two of the retrofitted buses to ride parade-style to the Foxfire School, 1061 N. Broadway (near Executive Blvd.), Yonkers.
9:15 a.m. - Press conference commences with a group of 4th and 5th grade students who are undertaking environmental initiatives at Foxfire.
10:00 a.m. - The bus returns to Beczak
EVENT: 8:30 a.m. - Meet at Beczak Environmental Education Center, 35 Alexander Street, Yonkers for coffee and donuts.
9:00 a.m. - Participants will board two of the retrofitted buses to ride parade-style to the Foxfire School, 1061 N. Broadway (near Executive Blvd.), Yonkers.
9:15 a.m. - Press conference commences with a group of 4th and 5th grade students who are undertaking environmental initiatives at Foxfire.
10:00 a.m. - The bus returns to Beczak
Legislation, Codes & Intergovernmental Relations Committee Meeting Wed. January 27, 2010 5:30 pm
Legislation, Codes & Intergovernmental Relations Committee Agenda items:
Wed. January 27, 2010 5:30 pm
City Council Conference Rm. 406, 4th floor
Yonkers City Hall
Items of Discussion:
1) RESOLUTION REQUESTING PASSAGE OF LEGISLATION AUTHORIZING A TAX ON ADMISSIONS (RACINOS) (continued
discussion).
2) A GENERAL ORDINANCE AMENDING CHAPTER 111 OF THE CODE OF THE CITY OF YONKERS ALSO KNOWN AS “TOW TRUCKS.”
3) A GENERAL ORDINANCE GENERALLY AMENDING CHAPTER 31 OF THE YONKERS CITY CODE ENTITLED “CONSUMER
PROTECTION CODE” IN REGARD TO NEW LICENSES FOR LANDSCAPERS AND IN REGARD TO NEW LICENSES FOR
THE DISPOSAL OF LEAVES AND OTHER ORGANIC REFUSE.
4. 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 their departments.
John J. Larkin
Wed. January 27, 2010 5:30 pm
City Council Conference Rm. 406, 4th floor
Yonkers City Hall
Items of Discussion:
1) RESOLUTION REQUESTING PASSAGE OF LEGISLATION AUTHORIZING A TAX ON ADMISSIONS (RACINOS) (continued
discussion).
2) A GENERAL ORDINANCE AMENDING CHAPTER 111 OF THE CODE OF THE CITY OF YONKERS ALSO KNOWN AS “TOW TRUCKS.”
3) A GENERAL ORDINANCE GENERALLY AMENDING CHAPTER 31 OF THE YONKERS CITY CODE ENTITLED “CONSUMER
PROTECTION CODE” IN REGARD TO NEW LICENSES FOR LANDSCAPERS AND IN REGARD TO NEW LICENSES FOR
THE DISPOSAL OF LEAVES AND OTHER ORGANIC REFUSE.
4. 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 their departments.
John J. Larkin
Budget and Finance Committee Meeting Tuesday, January 26, 2010 at 8:30 PM
Please be advised that a Budget and Finance Committee Meeting has been scheduled for Tuesday, January 26, 2010 at 8:30 PM, Yonkers City Hall, 4th Floor.
The following items will be on the Agenda:
1. Discussion of the Inspector General’s 2009 Annual Report.
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 their departments.
Thank you,
The following items will be on the Agenda:
1. Discussion of the Inspector General’s 2009 Annual Report.
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 their departments.
Thank you,
Saturday, January 23, 2010
Presentation to City Council of Yonkers Real Estate Committee Meeting by Lou Kirven, January 12, 2010
CLICK ON IMAGE TO ENLARGE
City Council Meeting Tue Jan 26th 2010 at 8pm
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:
1 MAJORITY LEADER PATRICIA D. McDOW
5 MINORITY LEADER JOHN .M. MURTAGH
COUNCIL MEMBERS:
DISTRICT:
2 WILSON A. TERRERO
3 JOAN GRONOWSKI
4 DENNIS E. SHEPHERD
6 JOHN LARKIN
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 January 12, 2010 approved on motion of Majority Leader Patricia McDow.
INDEX
ITEM DESCRIPTION PAGE
1. SPECIAL ORDINANCE – BOND ORDINANCE 6/9
($4.7 MILLION DOLLARS) TAX CERTS
2. SPECIAL ORDINANCE – GRANT – NYS DEPT OF 10
CRIMINAL SERVICES – LIVE SCAN FINGER-
PRINTING. ($50,000.00)
3. RESO – TO ALLOW MAYOR TO EXECUTE GRANT 11
AGREEMENT – NYS – LIVE SCAN FINGER PRINT-
ING -- (50,000)
4. RESO HOME RULE– BONDS & NOTES 12
5. RESO – HOME RULE – CREATION OF ADMIN 13
ADJUDICATION BUREAU IN CITY OF YONKERS
6. RESO – REQUESTING PASSAGE OF STATE LEG 14/15
TO CREATE BUREAU OF ADMIN ADJUDICATION
7. RESO – REQUESTING PASSAGE OF LEGISLATION16/18
TO ADDRESS INEQUITY IN STATE FUNDING
FORMULA.
8. RESO – REQUESTING PASSAGE OF LEGISLATION 19/20
AUTHORIZING A TAX ON ADMISSIONS (RACINOS)
9. RESO – VIDEO LOTTERY PAYMENTS 21/22
10. RESO – APPOINTMENTS – LANDMARKS BOARD 23
COMMUNICATIONS FROM CITY OFFICIALS
COMMUNICATIONS - GENERALLY
1. From the Westchester County Planning Board, correspondence dated January 13, 2010 in response to the City Council’s referral of the Zoning Text Amendment: Historic Overlay Zone. COPIES ON DESKS.
2. From the Town of Greenburgh, four notices of public hearing scheduled for January 27, 2010:
1. On an amended site plan for property known as the Crossroads Shopping Center on Tarrytown Road.
2. On an amended site plan for Ray Catena Lexis at 50 Yellowstone Avenue.
3. On an amended site plan for Solomon Schechter School of Westchester at 555 West Hartsdale Avenue.
4. On an amended site plan for RA 580 White Plains Road LLC for property located at 560-580 White Plains Road.
COMMITTEE OF THE WHOLE
SPECIAL ORDINANCE
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
BOND ORDINANCE OF THE CITY OF YONKERS, NEW YORK, AUTHORIZING THE PAYMENT OF VARIOUS TAX CERTIORARI JUDGEMENTS, COMPROMISED CLAIMS AND SETTLED CLAIMS DURING FISCAL YEARS 2008/2009 AND 2009/2010, AND STATING THE PLAN OF FINANCING SAID COST INCLUDES THE ISSUANCE OF $4,700,000 BONDS OF SAID CITY HEREIN AUTHORIZED IN ADDITION TO $20,200,000 BONDS PREVIOUSLY AUTHORIZED TO FINANCE SAID APPROPRIATION.
THE CITY COUNCIL OF THE CITY OF YONKERS, IN THE COUNTY OF WESTCHESTER, NEW YORK, HEREBY ORDAINS (by the favorable vote of not less than two-thirds of all the members of said City Council) AS FOLLOWS:
Section 1. The City of Yonkers, in the County of Westchester, New York (herein called “City”), is hereby authorized to pay various tax certiorari judgments, compromised claims and settled claims against the City, approved by the City Council during Fiscal Years 2008/2009 and 2009/2010. The plan of financing includes the issuance of $4,700,000 bonds of the City herein authorized, in addition to $20,200,000 bonds previously authorized by Special Ordinance No.11-2009 duly adopted June 9, 2009 and approved by the Mayor on June 12, 2009 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $24,700,000, and said amount is hereby appropriated therefor pursuant to the City’s Budgets for Fiscal Years 2008/2009 and 2009/2010.
Section 2. Bonds of the City in the principal amount of $4,700,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation.
SPECIAL ORDINANCE (CONTINUED)
Section 3. The period of probable usefulness of said class of objects or purposes for which said bonds authorized pursuant to this ordinance are to be issued, within the limitations of Section 11.00 a. 33-a. (a) of the Law, is ten (10) years.
Section 4. Each of the bonds authorized by this ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by general tax upon all the taxable real property within the City without limitation of rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this ordinance and of the Law and pursuant to the provisions of Section 30.00, Section 50.00, Sections 56.00 to 60.00, and Section 168.00 of the Law, the powers and duties of the City Council relative to authorizing bond anticipation notes and prescribing the terms, form and contents and all other powers or duties pertaining or incidental to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, and the power to enter into agreements for credit enhancement for said bonds and notes, are hereby delegated to the chief fiscal officer of the City.
Section 6. Pursuant to the provisions of Section 17 of the Special Local Finance and Budget Act of the City of Yonkers constituting Chapters 488 and 489 of the Laws of 1976 of the State of New York (herein called the “Act”), the City is authorized and directed to include the following pledge and agreement of the State of New York (herein called the “State”) contained in said Section 17 in this ordinance, and the Act provides that upon payment for the Bonds by the original and all subsequent holders thereof the inclusion of such pledge and agreement shall be deemed conclusive evidence of valuable consideration received by the State and City for such pledge and agreement and of reliance upon such pledge and agreement by any holder and that any action by the State contrary to or inconsistent with the provisions of such pledge and agreement shall be void:
SPECIAL ORDINANCE (CONTINUED)
“The state does hereby pledge to and agree with the holders of obligations of the City issued pursuant to the local finance law or this act that the state will not (a) repeal, revoke, repudiate, limit, alter, stay, suspend or otherwise reduce or rescind or impair the power or duty of the City to exercise, perform, carry out and fulfill its responsibilities under this act to the extent that the City incorporates in any bond ordinance or credit agreement covenants and agreements to so exercise, perform, carry out and fulfill such responsibilities, (b) repeal, revoke, repudiate, limit, alter, stay, suspend or otherwise reduce or rescind or impair the rights and remedies of any such holders to fully enforce in a court of law such covenants and agreements so incorporated in the bond ordinance or credit agreement or to enforce the pledge and agreement of the state contained in this section, or (c) otherwise exercise any sovereign power contrary to or inconsistent with the provisions of such bond ordinance or credit agreement, it being hereby determined and declared that the provisions of this act and the powers and duties of the City authorized and imposed hereunder are proper, reasonable and appropriate means by which the state can and should exercise and has exercised its duty under section twelve of article eight of the constitution to prevent abuses by the City in taxation and in the contracting of indebtedness and that the provisions hereof are necessary and in the public interest and proper means to improve market reception for the purchase of bonds and other obligations of the City; provided, however, the foregoing pledge and agreement shall be of no further force and effect if at any time (i) there is on deposit in a separate trust account with the fiscal agent sufficient moneys or direct obligations of the United States of America or the state the principal of and/or interest on which will provide moneys to pay punctually when due at maturity or prior to maturity by redemption in accordance with their terms all principal and interest on all such obligations of the City outstanding, (ii) irrevocable instructions from the state and City to the fiscal agent for such payment of such principal and interest with such moneys have been given, and (iii) notice to the holders of such obligation as provided in the bond ordinance or credit agreement has been given, and provided further that such pledge and agreement by the state may be temporarily suspended upon the declaration of martial law in the City in the event of circumstances in the City deriving directly out of a natural disaster (such as an earthquake or major conflagration or flood but not a snowstorm) or civil disturbance (such as military invasion or civil insurrections but not strikes or crises created by financial abuses or economic events)”.
SPECIAL ORDINANCE (CONTINUED)
Section 7. The validity of the bonds authorized by this ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the publication of such ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the constitution.
Section 8. This bond ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish the foregoing ordinance, in summary, together with a Notice attached in substantially the form prescribed by §81.00 of the Law in “THE JOURNAL NEWS,” a newspaper published in Yonkers, New York, and in “YONKERS RISING", a newspaper published in Yonkers, New York, each having a general circulation in the City and hereby designated the official newspapers of said City for such publication.
SPECIAL ORDINANCE
2. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
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 Police Department for a grant from N.Y.S. DCJS, for purpose of purchasing Live Scan fingerprinting equipment.
Increase Estimated Revenues
NYS DCJS 049-G16-3139-7515 $50,000
Increase Appropriation
Police – Special Projects 049-G16-3139-0496 $50,000
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.
RESOLUTION
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, the State of New York, Department of Criminal Justice Services has a grant program entitled “Livescan Fingerprinting Equipment” Grant Contract No. BJ09632153 which will provide funds to purchase the necessary equipment to establish this program in Yonkers by the Yonkers Police Department in an amount up to $50,000, with no matching fund requirement; and
WHEREAS, the City of Yonkers Police Department desires to make itself available to purchase said equipment and participate in such program; and
WHEREAS, the Mayor of the City of Yonkers is hereby authorized to execute such agreement with the State of New York in order to provide such funds to the Police Department of the City of Yonkers; and
NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City of Yonkers, or his designee, is hereby authorized to execute the grant agreement with the State of New York, Department of Criminal Justice Services, in order to implement the “Livescan Fingerprinting Equipment”” Grant Contract No. BJ09632153, in an amount not to exceed $50,000; and be it further
RESOLVED, that this resolution shall take effect immediately.
RESOLUTION
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, authorizing the City of Yonkers to negotiate the private sale of its bonds and notes continues to be a vital component of improving the City’s independence and financial stability, and
WHEREAS, permitting the City to continue to conduct the private sale of bonds or notes subject to the approval of the State Comptroller will allow more cost-effective financing of the City’s debt, and
WHEREAS, the City’s authority regarding the private sale of bonds and notes will expire on June 30, 2010 unless it is extended for a period of one-year, therefore be it
RESOLVED that the City Council of the City of Yonkers requests the introduction bills in the State Senate and the State Assembly to extend this authority thru June 30, 2011, and be it further
RESOLVED that the City Clerk of the City of Yonkers be and hereby is authorized and directed to forward a duly certified copy of this Resolution to each member of Yonkers’ State Delegation.
RESOLUTION
5. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, the City of Yonkers currently enforces its laws and ordinances by means of criminal proceedings commenced in the City Court of Yonkers; and
WHEREAS, the City Court calendar of the City of Yonkers has become overburdened with the prosecution of minor city code and ordinance violations and seeks to facilitate and improve the enforcement of City Code and Ordinance violations; and
WHEREAS, the City of Yonkers wishes to improve its efficiency and expand its authority by enforcing its laws in an administrative setting and additionally free up the Court calendar for more serious cases; and
WHEREAS, in order to achieve this result, it is necessary to amend the Laws of the State of New York to allow the City of Yonkers to create a bureau for the administrative adjudication of the code and ordinances of the City of Yonkers, similar to other cities like the City of Buffalo; and
WHEREAS, legislation allowing the City of Yonkers to form an Administrative Adjudication Bureau has been drafted; and
WHEREAS, Assemblyman Pretlow has introduced Assembly Bill No. AO2680 into the New York State Assembly for the purpose of creating an Administrative Adjudication Bureau in the City of Yonkers.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Yonkers hereby issues this Home Rule Request Message Assembly Bill No. A02680 for the creation of an Administrative Adjudication Bureau in the City of Yonkers; and
BE IT FURTHER RESOLVED, that the City Council of the City of Yonkers hereby requests the City Clerk to forward a copy of this Home Rule Request Message to the Legislature of the State of New York requesting the passage of the aforesaid bill.
RESOLUTION
6. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, the City of Yonkers is seeking State legislation to amend Section 380 of New York State General Municipal Law so that the City would be authorized to adopt a local law creating a Bureau of Administrative Adjudication for Code and Ordinance Violations; and
WHEREAS, if authorized by the State Legislature and then created by the Yonkers City Council via a local law, the Bureau of Administrative Adjudication would allow for the adjudication of Code and Ordinance violations regarding conditions which constitute a threat or danger to the public health, safety or welfare; and
WHEREAS, the Bureau of Administrative Adjudication would relieve an overburdened Yonkers City Court calendar, improve the City’s ability to enforce violations of its Codes and Ordinances and increase City revenues; and
WHEREAS, on January 21, 2009, a bill, A. 02680, to amend Section 380 of the General Municipal Law and, thereby, authorize the City of Yonkers to adopt a local law creating a Bureau of Administrative Adjudication for Code and Ordinance Violations, was introduced in the State Assembly by Member of Assembly Gary Pretlow; and now, therefore
BE IT RESOLVED, that the City Council requests the passage of Assembly bill A. 02680 authorizing the City of Yonkers to adopt a local law creating a Bureau of Administrative Adjudication for Code and Ordinance Violations and, further requests, the introduction and passage of companion (“same as”) legislation in the State Senate; and be it further
RESOLVED, that the City Council requests that Governor David Paterson, upon his review and determination, sign into law the aforesaid legislation; and be it further
RESOLVED, that the Yonkers City Clerk be and hereby is authorized and directed to forward a duly certified copy of this Resolution to Governor David Paterson, Temporary President of the Senate Malcolm A. Smith, Senate Majority Leader Pedro Espada, Jr., Assembly Speaker Sheldon Silver, and all members of the Yonkers’ State Delegation; and be it further
RESOLUTION (CONTINUED)
RESOLVED, that this resolution shall take effect immediately.
RESOLUTION
7. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, the Yonkers Public School System and the 4,000 men and women who serve the System in all capacities are charged with the education and well-being of over 24,000 of our City’s children; and
WHEREAS, the School System and its employees work in unison to provide our students with a quality public education, giving them the skills, abilities and confidence that will enable them to take their rightful place as knowledgeable, competent and responsible adults; and
WHEREAS, in order to accomplish this important goal, the Yonkers School System, which serves children from all socio-economic backgrounds, provides core studies in grades Pre-K thru 12, various offerings in health education, the visual and performing arts, music, interscholastic athletics, as well as an enriched academic core curriculum for gifted children, and a District-wide program using the ‘English as a Second Language’ approach to develop skills in understanding, speaking, reading, and writing English for those students who speak other languages; and
WHEREAS, in recent years the School District and its students have achieved impressive results in a number of important areas: 1,229 graduating Class of 2008 seniors were accepted in 163 colleges and universities and earned nearly $20.5 million in scholarships; in 2008, English Language Arts scores were up over 9%; Mathematics scores were up almost 13%; graduation rates in 2008 were up by 9%; 443 middle and high school students earned membership in the National Honor Society; the U.S. News listing of the top 100 high schools in America for 2009 ranked Yonkers International Baccalaureate High School at 37th in the nation; making great progress from its prior year ranking within the top 100 high schools in the country at 80th ; and
WHEREAS, during fiscal years 2003/2004 thru 2008/2009 the City of Yonkers has increased its contribution to education by 61% to a total of $218,800,000 --- making the City of Yonkers’ current contribution to education $ 8,947 per student; and
RESOLUTION (CONTINUED)
WHEREAS, it is without question that each and every Member of our State Delegation works diligently in their ongoing effort to return the
maximum amount of State dollars to the City of Yonkers and the Yonkers Public School System; and
WHEREAS, President Obama has declared his intention to make the rebuilding of the nation’s crumbling schools a cornerstone of his administration’s Economic Stimulus Package and the Yonkers Board of Education has identified $500 million of capital needs in the Canon Report, including $200 million in “shovel ready” projects; and
WHEREAS, notwithstanding their continued efforts, based on a longstanding, albeit inadequate State education funding formula, our School System continues to be shortchanged due to the high cost region of Westchester County and the impact of higher property values than the state-wide average; and
WHEREAS, the income of Yonkers residents is below the state average for purposes of calculating wealth yet the property values are exceedingly above state average, which compromises the district’s state school aid; and
WHEREAS, the school system educates 70% of its pupils living in poverty with over 16% of the student population designated as English Language Learners, it is extremely important to the City of Yonkers, to its nearly 200,000 residents and, most importantly, to all of the children that attend our Yonkers School System that the inequity in the State education formula be addressed by the State Legislature and the Governor as a component of the adopted state budget; therefore be it
RESOLVED, that the City Council of the City of Yonkers hereby requests that the New York State Legislature undertake a full review of the methodology used to return State dollars to its school district with a view towards factoring in the higher cost of living in our area and the disproportion between our district’s income and property wealth; and be it further
RESOLVED, that the City Council requests the inequity in the State school funding formula be resolved as a component of the adoption of the FY2009/2010 State budget and in the reimbursement rate for Capital Projects as well; and be it further
RESOLUTION (CONTINUED)
RESOLVED, that the Yonkers City Council request the changes for Yonkers public schools be embedded in the State’s school aid formula to insure fairness and equity in education funding next year and thereafter; and be it further
RESOLVED, that the City Council requests that, upon his review and determination, Governor David Paterson sign into law legislation that addresses the inequity in the State school funding formula so that, notwithstanding the extremely trying economic times that our State currently faces, the Yonkers Public School System will get its fair and equitable share of those State dollars that are allocated to education in the FY2009/2010 State budget and thereafter; and be it further
RESOLVED, that the Yonkers City Clerk be and hereby is directed to forward a duly certified copy of this Resolution to each member of our State Delegation, Governor David Paterson, Senate Majority Leader Malcolm Smith and Assembly Speaker Sheldon Silver; and be it further
RESOLVED, that this resolution shall take effect immediately.
RESOLUTION
8. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, the Empire City Racino, located within the City of Yonkers, has been in operation since October 2006 and, during that time, its average weekly attendance and average weekly machine revenue have both steadily increased; and
WHEREAS, based on current estimates, the Empire City Racino enjoys approximately 100,000 attendees per week and has average weekly machine revenue in excess of $10,000,000; and
WHEREAS, although, since opening, the Empire City Racino has contributed approximately $750,000,000 in aid to education on a Statewide basis and, although, the City of Yonkers and the Yonkers Public School System receives limited additional dollars as a racino host City via a provision contained in Section 54 of the State Finance Law, it does not receive an appropriate share of racino-generated dollars based on either the ever-increasing number of weekly racino patrons who use municipal facilities to access the racino or based on the ever-increasing weekly machine revenue generated at or by the racino; and
WHEREAS, dating back to 1952 State law has authorized cities to impose a tax on admissions at running horse race meetings and harness horse race meetings, at this time, the City of Yonkers is requesting that this authority be extended to admissions that are required to be charged, or deemed to be charged regarding patrons at racinos or racetracks where video lottery terminals are permitted by law; and now
THEREFORE, BE IT RESOLVED, that the Yonkers City Council requests the introduction and passage of State legislation to amend Section 9501, chapter 148 of the laws of 1952 relating to the authority of counties and cities to impose tax on admissions at running horse race meetings and harness horse race meetings; as amended by chapter 334 of the laws of 1953; chapter 245 of the laws of 1954; chapter 287 of the laws of 1954; chapter 852 of the laws of 1957; chapter 852 of the laws of 1959; chapter 1075 of the laws of 1971 and chapter 865 of the laws of 1982 to authorize and require a tax on admissions required to be charged, or deemed to be charged, of not less than $2.50 per person, to patrons at racinos or racetracks where video lottery terminals are permitted by law; and be it further
RESOLUTION (CONTINUED)
RESOLVED, with respect to the Empire City Racino at Yonkers Raceway, said deemed admission shall be based on the lesser of either 100,000 attendees per week or the number of Racino attendees per week at such Racino reported in the prior year’s annual report to the Division of the Lottery; and be it further
RESOLVED, that the City Council further requests that Governor David Paterson, upon his review and determination, sign into law the aforesaid legislation; and be it further
RESOLVED, that the Yonkers City Clerk be and hereby is authorized and directed to forward a duly certified copy of this Resolution to Governor David Paterson, Temporary President of the Senate Malcolm A. Smith, Senate Majority Leader Pedro Espada, Jr., Dem. Conference Leader Sampson, Assembly Speaker Sheldon Silver, Senate Finance Committee Chair Carl Kruger, Assembly Ways and Means Committee Chair Herman Farrell, Jr., Senate Racing Gaming and Wagering Committee Chair Eric Adams, Assembly Racing and Wagering Committee Chair J. Gary Pretlow, Senate Cities Committee Chair Daniel Squadron, and Assembly Cities Committee Chair James Brennan and all members of Yonkers’ State Delegation; and be it further
RESOLVED, that this resolution shall take effect immediately.
RESOLUTION
9. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, ‘Racinos’ were established at select New York State Racetracks as a means of providing an enormous financial boost to education in New York and as a way of helping to revive New York’s faltering racing industry; and
WHEREAS, in October 2006, when Empire City at Yonkers Raceway opened its doors, a dynamic, new dimension was added to this preeminent tri-state area horse racing track that was founded in 1899 as the Empire City Trotting Club; and
WHEREAS, with the addition of Empire City, followed a few days later by Vernon Downs, eight Video Lottery Machine ‘Racinos’ currently operate in New York State under the State’s Lottery Division; and
WHEREAS, during a three year period of operation beginning with its opening in 2006 the Empire City Racino has achieved a ‘net machine income’ of nearly $1,350,000,000 of which just under $700,000,000 went directly to ‘aid to education’ Statewide; and
WHEREAS, during this same period, the impressive ‘net machine income’ results of the Empire City Racino come fairly close to matching the combined ‘net machine income’ of all seven other New York State ‘Racinos’ combined; and
WHEREAS, pursuant to the provisions of Section 54-l.a. of the New York State Finance Law, the definition of an ‘eligible city’ shall mean “a city with a population equal to or greater than one hundred twenty-five thousand and less than one million in which a video lottery gaming facility is located and operating as of January first, two thousand nine pursuant to section sixteen hundred seventeen-a of the tax law,”; and
WHEREAS, based on Section 54-l. 2.a., as an ‘eligible city’, Yonkers receives additional State aid of up to twenty million dollars yearly based on three and one-half percent of the ‘estimated net machine income’ generated by the VLT’s located at the Empire City ‘Racino’; and
WHEREAS, based on the current provisions of the State Finance Law, in order for the City of Yonkers to receive the full twenty million dollar State aid as increased support for our public schools, the yearly ‘net
RESOLUTION (CONTINUED)
machine income’ at the Empire City Racino would have to exceed $570,000,000 or $11,000,000 per week; and
WHEREAS, at a minimum, it is extremely important to the City of Yonkers and our school system that we receive at least a base amount of clearly identifiable, dependable and continual additional VLT State aid; and
WHEREAS, it is in the best interest of the City of Yonkers, its school system and, most importantly, the 25,000 children that attend our public schools that Section 54-l 2.a. of the New York State Finance Law be amended in order to provide Yonkers with a clearly identifiable, dependable and continual stream of VLT State aid; and now, therefore
BE IT RESOLVED that the City Council requests the introduction and passage of State legislation to amend Section 54-l 2.a. of the New York State Finance Law so that an ‘eligible city’ shall receive a state aid payment equal to five percent of the “estimated net machine income” generated by a video lottery gaming facility located in such ‘eligible city’ or forty million dollars, whichever is greater, and be it further
RESOLVED that the City Council further requests that the Governor David Paterson, upon his review and determination, sign into law legislation that would amend Section 54-1 2.a. of the New York State Finance Law to increase state aid payments to an ‘eligible city’, and be it further
RESOLVED that the Yonkers City Clerk be and hereby is authorized and directed to forward a duly certified copy of this Resolution to Governor David Paterson, the Temporary President of the Senate Malcolm A. Smith, Majority Leader Pedro Espada, Jr., Dem. Conference Leader Sampson, Speaker of the Assembly Sheldon Silver and all members of Yonkers’ State Delegation, and be it further
RESOLVED that this Resolution shall take effect immediately..
RESOLUTION
10. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
BE IT RESOLVED that the Yonkers City Council hereby gives its approval and consent to the appointment of Richard A. Carlson, 63 Avondale Road, Yonkers, New York 10710 to the Landmarks Preservation Board for a three (3) year term to expire on February 1, 2013 and his designation as Chairman of said Board for a three (3) year term to expire on the same date; and
BE IT FURTHER RESOLVED, that the Yonkers City Council hereby gives its approval and consent to the appointments of Richard H. Halevy, 36 Trausneck Place, Yonkers, New York, 10703, Harjit S. Jassal, 728 Warburton Avenue, Yonkers, New York, 10701 and C. James Westbrook, 7 Corbalis Place, Yonkers N.Y. 10701, as members of the Landmarks Preservation Board, each to a three (3) year term, with the terms of each member to expire on February 1, 2013.
COMMITTEE REPORTS
Stated Meeting 8:00 P.M.
City Council Chambers
TIME:
PRESENT: PRESIDENT OF THE COUNCIL
CHUCK LESNICK
DISTRICT:
1 MAJORITY LEADER PATRICIA D. McDOW
5 MINORITY LEADER JOHN .M. MURTAGH
COUNCIL MEMBERS:
DISTRICT:
2 WILSON A. TERRERO
3 JOAN GRONOWSKI
4 DENNIS E. SHEPHERD
6 JOHN LARKIN
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 January 12, 2010 approved on motion of Majority Leader Patricia McDow.
INDEX
ITEM DESCRIPTION PAGE
1. SPECIAL ORDINANCE – BOND ORDINANCE 6/9
($4.7 MILLION DOLLARS) TAX CERTS
2. SPECIAL ORDINANCE – GRANT – NYS DEPT OF 10
CRIMINAL SERVICES – LIVE SCAN FINGER-
PRINTING. ($50,000.00)
3. RESO – TO ALLOW MAYOR TO EXECUTE GRANT 11
AGREEMENT – NYS – LIVE SCAN FINGER PRINT-
ING -- (50,000)
4. RESO HOME RULE– BONDS & NOTES 12
5. RESO – HOME RULE – CREATION OF ADMIN 13
ADJUDICATION BUREAU IN CITY OF YONKERS
6. RESO – REQUESTING PASSAGE OF STATE LEG 14/15
TO CREATE BUREAU OF ADMIN ADJUDICATION
7. RESO – REQUESTING PASSAGE OF LEGISLATION16/18
TO ADDRESS INEQUITY IN STATE FUNDING
FORMULA.
8. RESO – REQUESTING PASSAGE OF LEGISLATION 19/20
AUTHORIZING A TAX ON ADMISSIONS (RACINOS)
9. RESO – VIDEO LOTTERY PAYMENTS 21/22
10. RESO – APPOINTMENTS – LANDMARKS BOARD 23
COMMUNICATIONS FROM CITY OFFICIALS
COMMUNICATIONS - GENERALLY
1. From the Westchester County Planning Board, correspondence dated January 13, 2010 in response to the City Council’s referral of the Zoning Text Amendment: Historic Overlay Zone. COPIES ON DESKS.
2. From the Town of Greenburgh, four notices of public hearing scheduled for January 27, 2010:
1. On an amended site plan for property known as the Crossroads Shopping Center on Tarrytown Road.
2. On an amended site plan for Ray Catena Lexis at 50 Yellowstone Avenue.
3. On an amended site plan for Solomon Schechter School of Westchester at 555 West Hartsdale Avenue.
4. On an amended site plan for RA 580 White Plains Road LLC for property located at 560-580 White Plains Road.
COMMITTEE OF THE WHOLE
SPECIAL ORDINANCE
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
BOND ORDINANCE OF THE CITY OF YONKERS, NEW YORK, AUTHORIZING THE PAYMENT OF VARIOUS TAX CERTIORARI JUDGEMENTS, COMPROMISED CLAIMS AND SETTLED CLAIMS DURING FISCAL YEARS 2008/2009 AND 2009/2010, AND STATING THE PLAN OF FINANCING SAID COST INCLUDES THE ISSUANCE OF $4,700,000 BONDS OF SAID CITY HEREIN AUTHORIZED IN ADDITION TO $20,200,000 BONDS PREVIOUSLY AUTHORIZED TO FINANCE SAID APPROPRIATION.
THE CITY COUNCIL OF THE CITY OF YONKERS, IN THE COUNTY OF WESTCHESTER, NEW YORK, HEREBY ORDAINS (by the favorable vote of not less than two-thirds of all the members of said City Council) AS FOLLOWS:
Section 1. The City of Yonkers, in the County of Westchester, New York (herein called “City”), is hereby authorized to pay various tax certiorari judgments, compromised claims and settled claims against the City, approved by the City Council during Fiscal Years 2008/2009 and 2009/2010. The plan of financing includes the issuance of $4,700,000 bonds of the City herein authorized, in addition to $20,200,000 bonds previously authorized by Special Ordinance No.11-2009 duly adopted June 9, 2009 and approved by the Mayor on June 12, 2009 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable. The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $24,700,000, and said amount is hereby appropriated therefor pursuant to the City’s Budgets for Fiscal Years 2008/2009 and 2009/2010.
Section 2. Bonds of the City in the principal amount of $4,700,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation.
SPECIAL ORDINANCE (CONTINUED)
Section 3. The period of probable usefulness of said class of objects or purposes for which said bonds authorized pursuant to this ordinance are to be issued, within the limitations of Section 11.00 a. 33-a. (a) of the Law, is ten (10) years.
Section 4. Each of the bonds authorized by this ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by general tax upon all the taxable real property within the City without limitation of rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this ordinance and of the Law and pursuant to the provisions of Section 30.00, Section 50.00, Sections 56.00 to 60.00, and Section 168.00 of the Law, the powers and duties of the City Council relative to authorizing bond anticipation notes and prescribing the terms, form and contents and all other powers or duties pertaining or incidental to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, and the power to enter into agreements for credit enhancement for said bonds and notes, are hereby delegated to the chief fiscal officer of the City.
Section 6. Pursuant to the provisions of Section 17 of the Special Local Finance and Budget Act of the City of Yonkers constituting Chapters 488 and 489 of the Laws of 1976 of the State of New York (herein called the “Act”), the City is authorized and directed to include the following pledge and agreement of the State of New York (herein called the “State”) contained in said Section 17 in this ordinance, and the Act provides that upon payment for the Bonds by the original and all subsequent holders thereof the inclusion of such pledge and agreement shall be deemed conclusive evidence of valuable consideration received by the State and City for such pledge and agreement and of reliance upon such pledge and agreement by any holder and that any action by the State contrary to or inconsistent with the provisions of such pledge and agreement shall be void:
SPECIAL ORDINANCE (CONTINUED)
“The state does hereby pledge to and agree with the holders of obligations of the City issued pursuant to the local finance law or this act that the state will not (a) repeal, revoke, repudiate, limit, alter, stay, suspend or otherwise reduce or rescind or impair the power or duty of the City to exercise, perform, carry out and fulfill its responsibilities under this act to the extent that the City incorporates in any bond ordinance or credit agreement covenants and agreements to so exercise, perform, carry out and fulfill such responsibilities, (b) repeal, revoke, repudiate, limit, alter, stay, suspend or otherwise reduce or rescind or impair the rights and remedies of any such holders to fully enforce in a court of law such covenants and agreements so incorporated in the bond ordinance or credit agreement or to enforce the pledge and agreement of the state contained in this section, or (c) otherwise exercise any sovereign power contrary to or inconsistent with the provisions of such bond ordinance or credit agreement, it being hereby determined and declared that the provisions of this act and the powers and duties of the City authorized and imposed hereunder are proper, reasonable and appropriate means by which the state can and should exercise and has exercised its duty under section twelve of article eight of the constitution to prevent abuses by the City in taxation and in the contracting of indebtedness and that the provisions hereof are necessary and in the public interest and proper means to improve market reception for the purchase of bonds and other obligations of the City; provided, however, the foregoing pledge and agreement shall be of no further force and effect if at any time (i) there is on deposit in a separate trust account with the fiscal agent sufficient moneys or direct obligations of the United States of America or the state the principal of and/or interest on which will provide moneys to pay punctually when due at maturity or prior to maturity by redemption in accordance with their terms all principal and interest on all such obligations of the City outstanding, (ii) irrevocable instructions from the state and City to the fiscal agent for such payment of such principal and interest with such moneys have been given, and (iii) notice to the holders of such obligation as provided in the bond ordinance or credit agreement has been given, and provided further that such pledge and agreement by the state may be temporarily suspended upon the declaration of martial law in the City in the event of circumstances in the City deriving directly out of a natural disaster (such as an earthquake or major conflagration or flood but not a snowstorm) or civil disturbance (such as military invasion or civil insurrections but not strikes or crises created by financial abuses or economic events)”.
SPECIAL ORDINANCE (CONTINUED)
Section 7. The validity of the bonds authorized by this ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the publication of such ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the constitution.
Section 8. This bond ordinance shall take effect immediately, and the City Clerk is hereby authorized and directed to publish the foregoing ordinance, in summary, together with a Notice attached in substantially the form prescribed by §81.00 of the Law in “THE JOURNAL NEWS,” a newspaper published in Yonkers, New York, and in “YONKERS RISING", a newspaper published in Yonkers, New York, each having a general circulation in the City and hereby designated the official newspapers of said City for such publication.
SPECIAL ORDINANCE
2. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
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 Police Department for a grant from N.Y.S. DCJS, for purpose of purchasing Live Scan fingerprinting equipment.
Increase Estimated Revenues
NYS DCJS 049-G16-3139-7515 $50,000
Increase Appropriation
Police – Special Projects 049-G16-3139-0496 $50,000
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.
RESOLUTION
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, the State of New York, Department of Criminal Justice Services has a grant program entitled “Livescan Fingerprinting Equipment” Grant Contract No. BJ09632153 which will provide funds to purchase the necessary equipment to establish this program in Yonkers by the Yonkers Police Department in an amount up to $50,000, with no matching fund requirement; and
WHEREAS, the City of Yonkers Police Department desires to make itself available to purchase said equipment and participate in such program; and
WHEREAS, the Mayor of the City of Yonkers is hereby authorized to execute such agreement with the State of New York in order to provide such funds to the Police Department of the City of Yonkers; and
NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City of Yonkers, or his designee, is hereby authorized to execute the grant agreement with the State of New York, Department of Criminal Justice Services, in order to implement the “Livescan Fingerprinting Equipment”” Grant Contract No. BJ09632153, in an amount not to exceed $50,000; and be it further
RESOLVED, that this resolution shall take effect immediately.
RESOLUTION
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, authorizing the City of Yonkers to negotiate the private sale of its bonds and notes continues to be a vital component of improving the City’s independence and financial stability, and
WHEREAS, permitting the City to continue to conduct the private sale of bonds or notes subject to the approval of the State Comptroller will allow more cost-effective financing of the City’s debt, and
WHEREAS, the City’s authority regarding the private sale of bonds and notes will expire on June 30, 2010 unless it is extended for a period of one-year, therefore be it
RESOLVED that the City Council of the City of Yonkers requests the introduction bills in the State Senate and the State Assembly to extend this authority thru June 30, 2011, and be it further
RESOLVED that the City Clerk of the City of Yonkers be and hereby is authorized and directed to forward a duly certified copy of this Resolution to each member of Yonkers’ State Delegation.
RESOLUTION
5. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, the City of Yonkers currently enforces its laws and ordinances by means of criminal proceedings commenced in the City Court of Yonkers; and
WHEREAS, the City Court calendar of the City of Yonkers has become overburdened with the prosecution of minor city code and ordinance violations and seeks to facilitate and improve the enforcement of City Code and Ordinance violations; and
WHEREAS, the City of Yonkers wishes to improve its efficiency and expand its authority by enforcing its laws in an administrative setting and additionally free up the Court calendar for more serious cases; and
WHEREAS, in order to achieve this result, it is necessary to amend the Laws of the State of New York to allow the City of Yonkers to create a bureau for the administrative adjudication of the code and ordinances of the City of Yonkers, similar to other cities like the City of Buffalo; and
WHEREAS, legislation allowing the City of Yonkers to form an Administrative Adjudication Bureau has been drafted; and
WHEREAS, Assemblyman Pretlow has introduced Assembly Bill No. AO2680 into the New York State Assembly for the purpose of creating an Administrative Adjudication Bureau in the City of Yonkers.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Yonkers hereby issues this Home Rule Request Message Assembly Bill No. A02680 for the creation of an Administrative Adjudication Bureau in the City of Yonkers; and
BE IT FURTHER RESOLVED, that the City Council of the City of Yonkers hereby requests the City Clerk to forward a copy of this Home Rule Request Message to the Legislature of the State of New York requesting the passage of the aforesaid bill.
RESOLUTION
6. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, the City of Yonkers is seeking State legislation to amend Section 380 of New York State General Municipal Law so that the City would be authorized to adopt a local law creating a Bureau of Administrative Adjudication for Code and Ordinance Violations; and
WHEREAS, if authorized by the State Legislature and then created by the Yonkers City Council via a local law, the Bureau of Administrative Adjudication would allow for the adjudication of Code and Ordinance violations regarding conditions which constitute a threat or danger to the public health, safety or welfare; and
WHEREAS, the Bureau of Administrative Adjudication would relieve an overburdened Yonkers City Court calendar, improve the City’s ability to enforce violations of its Codes and Ordinances and increase City revenues; and
WHEREAS, on January 21, 2009, a bill, A. 02680, to amend Section 380 of the General Municipal Law and, thereby, authorize the City of Yonkers to adopt a local law creating a Bureau of Administrative Adjudication for Code and Ordinance Violations, was introduced in the State Assembly by Member of Assembly Gary Pretlow; and now, therefore
BE IT RESOLVED, that the City Council requests the passage of Assembly bill A. 02680 authorizing the City of Yonkers to adopt a local law creating a Bureau of Administrative Adjudication for Code and Ordinance Violations and, further requests, the introduction and passage of companion (“same as”) legislation in the State Senate; and be it further
RESOLVED, that the City Council requests that Governor David Paterson, upon his review and determination, sign into law the aforesaid legislation; and be it further
RESOLVED, that the Yonkers City Clerk be and hereby is authorized and directed to forward a duly certified copy of this Resolution to Governor David Paterson, Temporary President of the Senate Malcolm A. Smith, Senate Majority Leader Pedro Espada, Jr., Assembly Speaker Sheldon Silver, and all members of the Yonkers’ State Delegation; and be it further
RESOLUTION (CONTINUED)
RESOLVED, that this resolution shall take effect immediately.
RESOLUTION
7. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, the Yonkers Public School System and the 4,000 men and women who serve the System in all capacities are charged with the education and well-being of over 24,000 of our City’s children; and
WHEREAS, the School System and its employees work in unison to provide our students with a quality public education, giving them the skills, abilities and confidence that will enable them to take their rightful place as knowledgeable, competent and responsible adults; and
WHEREAS, in order to accomplish this important goal, the Yonkers School System, which serves children from all socio-economic backgrounds, provides core studies in grades Pre-K thru 12, various offerings in health education, the visual and performing arts, music, interscholastic athletics, as well as an enriched academic core curriculum for gifted children, and a District-wide program using the ‘English as a Second Language’ approach to develop skills in understanding, speaking, reading, and writing English for those students who speak other languages; and
WHEREAS, in recent years the School District and its students have achieved impressive results in a number of important areas: 1,229 graduating Class of 2008 seniors were accepted in 163 colleges and universities and earned nearly $20.5 million in scholarships; in 2008, English Language Arts scores were up over 9%; Mathematics scores were up almost 13%; graduation rates in 2008 were up by 9%; 443 middle and high school students earned membership in the National Honor Society; the U.S. News listing of the top 100 high schools in America for 2009 ranked Yonkers International Baccalaureate High School at 37th in the nation; making great progress from its prior year ranking within the top 100 high schools in the country at 80th ; and
WHEREAS, during fiscal years 2003/2004 thru 2008/2009 the City of Yonkers has increased its contribution to education by 61% to a total of $218,800,000 --- making the City of Yonkers’ current contribution to education $ 8,947 per student; and
RESOLUTION (CONTINUED)
WHEREAS, it is without question that each and every Member of our State Delegation works diligently in their ongoing effort to return the
maximum amount of State dollars to the City of Yonkers and the Yonkers Public School System; and
WHEREAS, President Obama has declared his intention to make the rebuilding of the nation’s crumbling schools a cornerstone of his administration’s Economic Stimulus Package and the Yonkers Board of Education has identified $500 million of capital needs in the Canon Report, including $200 million in “shovel ready” projects; and
WHEREAS, notwithstanding their continued efforts, based on a longstanding, albeit inadequate State education funding formula, our School System continues to be shortchanged due to the high cost region of Westchester County and the impact of higher property values than the state-wide average; and
WHEREAS, the income of Yonkers residents is below the state average for purposes of calculating wealth yet the property values are exceedingly above state average, which compromises the district’s state school aid; and
WHEREAS, the school system educates 70% of its pupils living in poverty with over 16% of the student population designated as English Language Learners, it is extremely important to the City of Yonkers, to its nearly 200,000 residents and, most importantly, to all of the children that attend our Yonkers School System that the inequity in the State education formula be addressed by the State Legislature and the Governor as a component of the adopted state budget; therefore be it
RESOLVED, that the City Council of the City of Yonkers hereby requests that the New York State Legislature undertake a full review of the methodology used to return State dollars to its school district with a view towards factoring in the higher cost of living in our area and the disproportion between our district’s income and property wealth; and be it further
RESOLVED, that the City Council requests the inequity in the State school funding formula be resolved as a component of the adoption of the FY2009/2010 State budget and in the reimbursement rate for Capital Projects as well; and be it further
RESOLUTION (CONTINUED)
RESOLVED, that the Yonkers City Council request the changes for Yonkers public schools be embedded in the State’s school aid formula to insure fairness and equity in education funding next year and thereafter; and be it further
RESOLVED, that the City Council requests that, upon his review and determination, Governor David Paterson sign into law legislation that addresses the inequity in the State school funding formula so that, notwithstanding the extremely trying economic times that our State currently faces, the Yonkers Public School System will get its fair and equitable share of those State dollars that are allocated to education in the FY2009/2010 State budget and thereafter; and be it further
RESOLVED, that the Yonkers City Clerk be and hereby is directed to forward a duly certified copy of this Resolution to each member of our State Delegation, Governor David Paterson, Senate Majority Leader Malcolm Smith and Assembly Speaker Sheldon Silver; and be it further
RESOLVED, that this resolution shall take effect immediately.
RESOLUTION
8. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, the Empire City Racino, located within the City of Yonkers, has been in operation since October 2006 and, during that time, its average weekly attendance and average weekly machine revenue have both steadily increased; and
WHEREAS, based on current estimates, the Empire City Racino enjoys approximately 100,000 attendees per week and has average weekly machine revenue in excess of $10,000,000; and
WHEREAS, although, since opening, the Empire City Racino has contributed approximately $750,000,000 in aid to education on a Statewide basis and, although, the City of Yonkers and the Yonkers Public School System receives limited additional dollars as a racino host City via a provision contained in Section 54 of the State Finance Law, it does not receive an appropriate share of racino-generated dollars based on either the ever-increasing number of weekly racino patrons who use municipal facilities to access the racino or based on the ever-increasing weekly machine revenue generated at or by the racino; and
WHEREAS, dating back to 1952 State law has authorized cities to impose a tax on admissions at running horse race meetings and harness horse race meetings, at this time, the City of Yonkers is requesting that this authority be extended to admissions that are required to be charged, or deemed to be charged regarding patrons at racinos or racetracks where video lottery terminals are permitted by law; and now
THEREFORE, BE IT RESOLVED, that the Yonkers City Council requests the introduction and passage of State legislation to amend Section 9501, chapter 148 of the laws of 1952 relating to the authority of counties and cities to impose tax on admissions at running horse race meetings and harness horse race meetings; as amended by chapter 334 of the laws of 1953; chapter 245 of the laws of 1954; chapter 287 of the laws of 1954; chapter 852 of the laws of 1957; chapter 852 of the laws of 1959; chapter 1075 of the laws of 1971 and chapter 865 of the laws of 1982 to authorize and require a tax on admissions required to be charged, or deemed to be charged, of not less than $2.50 per person, to patrons at racinos or racetracks where video lottery terminals are permitted by law; and be it further
RESOLUTION (CONTINUED)
RESOLVED, with respect to the Empire City Racino at Yonkers Raceway, said deemed admission shall be based on the lesser of either 100,000 attendees per week or the number of Racino attendees per week at such Racino reported in the prior year’s annual report to the Division of the Lottery; and be it further
RESOLVED, that the City Council further requests that Governor David Paterson, upon his review and determination, sign into law the aforesaid legislation; and be it further
RESOLVED, that the Yonkers City Clerk be and hereby is authorized and directed to forward a duly certified copy of this Resolution to Governor David Paterson, Temporary President of the Senate Malcolm A. Smith, Senate Majority Leader Pedro Espada, Jr., Dem. Conference Leader Sampson, Assembly Speaker Sheldon Silver, Senate Finance Committee Chair Carl Kruger, Assembly Ways and Means Committee Chair Herman Farrell, Jr., Senate Racing Gaming and Wagering Committee Chair Eric Adams, Assembly Racing and Wagering Committee Chair J. Gary Pretlow, Senate Cities Committee Chair Daniel Squadron, and Assembly Cities Committee Chair James Brennan and all members of Yonkers’ State Delegation; and be it further
RESOLVED, that this resolution shall take effect immediately.
RESOLUTION
9. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, ‘Racinos’ were established at select New York State Racetracks as a means of providing an enormous financial boost to education in New York and as a way of helping to revive New York’s faltering racing industry; and
WHEREAS, in October 2006, when Empire City at Yonkers Raceway opened its doors, a dynamic, new dimension was added to this preeminent tri-state area horse racing track that was founded in 1899 as the Empire City Trotting Club; and
WHEREAS, with the addition of Empire City, followed a few days later by Vernon Downs, eight Video Lottery Machine ‘Racinos’ currently operate in New York State under the State’s Lottery Division; and
WHEREAS, during a three year period of operation beginning with its opening in 2006 the Empire City Racino has achieved a ‘net machine income’ of nearly $1,350,000,000 of which just under $700,000,000 went directly to ‘aid to education’ Statewide; and
WHEREAS, during this same period, the impressive ‘net machine income’ results of the Empire City Racino come fairly close to matching the combined ‘net machine income’ of all seven other New York State ‘Racinos’ combined; and
WHEREAS, pursuant to the provisions of Section 54-l.a. of the New York State Finance Law, the definition of an ‘eligible city’ shall mean “a city with a population equal to or greater than one hundred twenty-five thousand and less than one million in which a video lottery gaming facility is located and operating as of January first, two thousand nine pursuant to section sixteen hundred seventeen-a of the tax law,”; and
WHEREAS, based on Section 54-l. 2.a., as an ‘eligible city’, Yonkers receives additional State aid of up to twenty million dollars yearly based on three and one-half percent of the ‘estimated net machine income’ generated by the VLT’s located at the Empire City ‘Racino’; and
WHEREAS, based on the current provisions of the State Finance Law, in order for the City of Yonkers to receive the full twenty million dollar State aid as increased support for our public schools, the yearly ‘net
RESOLUTION (CONTINUED)
machine income’ at the Empire City Racino would have to exceed $570,000,000 or $11,000,000 per week; and
WHEREAS, at a minimum, it is extremely important to the City of Yonkers and our school system that we receive at least a base amount of clearly identifiable, dependable and continual additional VLT State aid; and
WHEREAS, it is in the best interest of the City of Yonkers, its school system and, most importantly, the 25,000 children that attend our public schools that Section 54-l 2.a. of the New York State Finance Law be amended in order to provide Yonkers with a clearly identifiable, dependable and continual stream of VLT State aid; and now, therefore
BE IT RESOLVED that the City Council requests the introduction and passage of State legislation to amend Section 54-l 2.a. of the New York State Finance Law so that an ‘eligible city’ shall receive a state aid payment equal to five percent of the “estimated net machine income” generated by a video lottery gaming facility located in such ‘eligible city’ or forty million dollars, whichever is greater, and be it further
RESOLVED that the City Council further requests that the Governor David Paterson, upon his review and determination, sign into law legislation that would amend Section 54-1 2.a. of the New York State Finance Law to increase state aid payments to an ‘eligible city’, and be it further
RESOLVED that the Yonkers City Clerk be and hereby is authorized and directed to forward a duly certified copy of this Resolution to Governor David Paterson, the Temporary President of the Senate Malcolm A. Smith, Majority Leader Pedro Espada, Jr., Dem. Conference Leader Sampson, Speaker of the Assembly Sheldon Silver and all members of Yonkers’ State Delegation, and be it further
RESOLVED that this Resolution shall take effect immediately..
RESOLUTION
10. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO, GRONOWSKI, SHEPHERD AND LARKIN:
BE IT RESOLVED that the Yonkers City Council hereby gives its approval and consent to the appointment of Richard A. Carlson, 63 Avondale Road, Yonkers, New York 10710 to the Landmarks Preservation Board for a three (3) year term to expire on February 1, 2013 and his designation as Chairman of said Board for a three (3) year term to expire on the same date; and
BE IT FURTHER RESOLVED, that the Yonkers City Council hereby gives its approval and consent to the appointments of Richard H. Halevy, 36 Trausneck Place, Yonkers, New York, 10703, Harjit S. Jassal, 728 Warburton Avenue, Yonkers, New York, 10701 and C. James Westbrook, 7 Corbalis Place, Yonkers N.Y. 10701, as members of the Landmarks Preservation Board, each to a three (3) year term, with the terms of each member to expire on February 1, 2013.
COMMITTEE REPORTS
Friday, January 22, 2010
Yonkers IDA Regular Board of Directors Meeting Tuesday January 26th 2010 at 8:30am
Regular Board of Directors Meeting:
Tuesday, January 26, 2010
8:30 am
Mayor's Reception Room
City Hall, Yonkers NY
No Agenda Available at Time of Posting
Tuesday, January 26, 2010
8:30 am
Mayor's Reception Room
City Hall, Yonkers NY
No Agenda Available at Time of Posting
Thursday, January 21, 2010
Wednesday, January 20, 2010
Special meeting of the Rules Committee of Yonkers City Council Tonight Wed Jan 20th 2010
Pursuant to Section 1.2 of the Rules of Procedure of the City Council of the City of Yonkers for 2010-2011, and at the request of six members of the City Council, a Special meeting of the Rules Committee is scheduled to be held on Wednesday, January 20, 2010 in the City Council Chambers, 4th Floor, City Hall, Yonkers, New York at 8:00 p.m. for the following purpose:
To conduct an Advice and Consent interview with Dan Schorr, Esq. for the position of Yonkers Inspector General.
JOAN C. DEIERLEIN
City Clerk
To conduct an Advice and Consent interview with Dan Schorr, Esq. for the position of Yonkers Inspector General.
JOAN C. DEIERLEIN
City Clerk
Tuesday, January 19, 2010
Zoning Board of Appeals Meeting Jan 19th at 6pm
Zoning Board of Appeals
1/19/2010 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, JANUARY 19, 2010 at 6:00 P.M. sharp, in the City Council Chambers, 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:
# 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”.
# 5180 – Area Variance – Andrew Romano, Esq. on behalf of Robert Stevenson (owner), on premises known as 571 Mile Square Road, Block: 5039, Lot: 1, Zone: “T”.
#5191 – Area Variance & Improvement to a Non-Conforming Use – Michael G. Calvi, P.E. on behalf of kalhed Awwad (owner), on premises known as 105 Ridgewood Avenue, Block: 6335 Lot: 20, Zone: “S-50”.
# 5192 – Area Variance – Andrew Romano, Esq. on behalf of Iglesia Bautista (owner), on premises known as 115 Beech Street, Block: 461 Lot: 1, Zone: “M”.
# 5193 – Area Variance – Riverview II Preservation, LP on behalf of Mark E. Carbone (owner), on premises known as 30 Hawthorne Avenue aka 47 Riverdale Avenue, Block: 505 Lot: 200, Zone: “BA”.
# 5194 – Appeal from an Interpretation by the Commissioner of Buildings – Riverview II Preservation, Lp on behalf of Mark E. Carbone, (owner), on premises known as 30 Hawthorne Avenue aka 47 Riverdale Avenue, Block: 505 Lot: 200, Zone: “BA”.
# 5197 – Area Variance – Andrew Romano, Esq. on behalf of Dino Odoardi (owner), on premises known as 321 New Main Street, Block: 190 Lot: 2, Zone: “C”.
# 5200 - Area Variance – Andrew Romano, Esq. on behalf of Chris & Alice Colon (owners), on premises known as 17 Cumberland Avenue, Block: 6206 Lot: 9, Zone: “S-50”.
# 5201 - Area Variance – Andrew Romano, Esq. on behalf of Michael Hanigan (owner), on premises known as 269 First Street, Block: 6295 Lot: 10-11, Zone: “T”.
# 5202 - Area Variance – Andrew Romano, Esq. on behalf of Halcon Development, Osvaldo Severo V.P. (owner), on premises known as 19 Burhans Avenue, Block: 2364 Lot: 36-38, Zone: “M”.
CONTINUED HEARING
# 5203 – Area Variance Luis Saiz, Jr., Architect on behalf of 1740 Central Avenue LLC (owner), to expand the existing rear parking area. Whereas, parking within 5’ of all property lines not permitted (proposed 1 foot scaled), as per Section 43-44B(5). Parallel parking space shall be 20 feet in length (end space), as per Section 43-134(9). And exceeding the maximum height of a retaining wall in the minimum rear yard (required 6 feet; proposed 8 feet, 6 inches), as per Section 43-43F, on premises known as 1 Plymouth Avenue, Block: 4612 Lot: 26, Zone: “BR”. (Postponed till Feb. 16, 2010).
NEW HEARINGS:
# 5204 - Area Variance – Andrew Romano, Esq. on behalf of Arthur Papataros (owner), to replace a wood deck in the rear of an existing 1-family dwelling. Having insufficient side yard, as per Section 43-41A(2) (required 5’; proposed 0’). And insufficient rear yard, as per Section 43-27, Table 43-3 (required 25’; proposed 10’), on premises known as 10 Lanark Road, Block: 236 Lot: 1, Zone: “S-50”.
# 5205 – Application to the Zoning Board of Appeals – Andrew Romano, Esq. on behalf of Slawomir Konrad & Barbara Jaczynska (owners), an application for a (6) six month extension of time is brought to the Zoning Board of Appeals pursuant, to Section 43-21 © of the Zoning Ordinance of the City of Yonkers, which deals with the abandonment of an non-conforming use & provides that a non-conforming use is deemed abandoned if the non-conforming use ceases for a period of twelve (12) consecutive months, on premises known as 41 Purser place, Block: 153 Lot: 12, Zone: “T”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
1/19/2010 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, JANUARY 19, 2010 at 6:00 P.M. sharp, in the City Council Chambers, 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:
# 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”.
# 5180 – Area Variance – Andrew Romano, Esq. on behalf of Robert Stevenson (owner), on premises known as 571 Mile Square Road, Block: 5039, Lot: 1, Zone: “T”.
#5191 – Area Variance & Improvement to a Non-Conforming Use – Michael G. Calvi, P.E. on behalf of kalhed Awwad (owner), on premises known as 105 Ridgewood Avenue, Block: 6335 Lot: 20, Zone: “S-50”.
# 5192 – Area Variance – Andrew Romano, Esq. on behalf of Iglesia Bautista (owner), on premises known as 115 Beech Street, Block: 461 Lot: 1, Zone: “M”.
# 5193 – Area Variance – Riverview II Preservation, LP on behalf of Mark E. Carbone (owner), on premises known as 30 Hawthorne Avenue aka 47 Riverdale Avenue, Block: 505 Lot: 200, Zone: “BA”.
# 5194 – Appeal from an Interpretation by the Commissioner of Buildings – Riverview II Preservation, Lp on behalf of Mark E. Carbone, (owner), on premises known as 30 Hawthorne Avenue aka 47 Riverdale Avenue, Block: 505 Lot: 200, Zone: “BA”.
# 5197 – Area Variance – Andrew Romano, Esq. on behalf of Dino Odoardi (owner), on premises known as 321 New Main Street, Block: 190 Lot: 2, Zone: “C”.
# 5200 - Area Variance – Andrew Romano, Esq. on behalf of Chris & Alice Colon (owners), on premises known as 17 Cumberland Avenue, Block: 6206 Lot: 9, Zone: “S-50”.
# 5201 - Area Variance – Andrew Romano, Esq. on behalf of Michael Hanigan (owner), on premises known as 269 First Street, Block: 6295 Lot: 10-11, Zone: “T”.
# 5202 - Area Variance – Andrew Romano, Esq. on behalf of Halcon Development, Osvaldo Severo V.P. (owner), on premises known as 19 Burhans Avenue, Block: 2364 Lot: 36-38, Zone: “M”.
CONTINUED HEARING
# 5203 – Area Variance Luis Saiz, Jr., Architect on behalf of 1740 Central Avenue LLC (owner), to expand the existing rear parking area. Whereas, parking within 5’ of all property lines not permitted (proposed 1 foot scaled), as per Section 43-44B(5). Parallel parking space shall be 20 feet in length (end space), as per Section 43-134(9). And exceeding the maximum height of a retaining wall in the minimum rear yard (required 6 feet; proposed 8 feet, 6 inches), as per Section 43-43F, on premises known as 1 Plymouth Avenue, Block: 4612 Lot: 26, Zone: “BR”. (Postponed till Feb. 16, 2010).
NEW HEARINGS:
# 5204 - Area Variance – Andrew Romano, Esq. on behalf of Arthur Papataros (owner), to replace a wood deck in the rear of an existing 1-family dwelling. Having insufficient side yard, as per Section 43-41A(2) (required 5’; proposed 0’). And insufficient rear yard, as per Section 43-27, Table 43-3 (required 25’; proposed 10’), on premises known as 10 Lanark Road, Block: 236 Lot: 1, Zone: “S-50”.
# 5205 – Application to the Zoning Board of Appeals – Andrew Romano, Esq. on behalf of Slawomir Konrad & Barbara Jaczynska (owners), an application for a (6) six month extension of time is brought to the Zoning Board of Appeals pursuant, to Section 43-21 © of the Zoning Ordinance of the City of Yonkers, which deals with the abandonment of an non-conforming use & provides that a non-conforming use is deemed abandoned if the non-conforming use ceases for a period of twelve (12) consecutive months, on premises known as 41 Purser place, Block: 153 Lot: 12, Zone: “T”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
Sunday, January 17, 2010
NY State ABO Report on Yonkers CDA
ABO on Yonkers CDA Final Report
http://www.abo.state.ny.us/reports/compliancereviews/YonkersCDAFinalReport.pdf
PARIS Budgets 2010 Annual Report
http://www.abo.state.ny.us/annualreports/PARISBudgetReports/FYE2010/Local/YonkersCommunityDevelopmentAgency2009-10.pdf
Yonkers Downtown Waterfront Corporation on January 2010 Delinquent List
http://www.abo.state.ny.us/reports/January2010DelinquentList.pdf
http://www.abo.state.ny.us/reports/compliancereviews/YonkersCDAFinalReport.pdf
PARIS Budgets 2010 Annual Report
http://www.abo.state.ny.us/annualreports/PARISBudgetReports/FYE2010/Local/YonkersCommunityDevelopmentAgency2009-10.pdf
Yonkers Downtown Waterfront Corporation on January 2010 Delinquent List
http://www.abo.state.ny.us/reports/January2010DelinquentList.pdf
Budget and Finance Committee meeting scheduled for Tuesday, January 19th. UPDATE
**Please read the Following regarding the Budget and Finance Committee meeting scheduled for Tuesday, January 19th. **
At the request of Council Majority Leader Patricia McDow, we are adding another Item to the Budget and Finance Committee agenda.
* Discussion of the Community Development Agency (CDA) with respect to the audit done by the New York State Authority Budget Office.
We ask the Administration to send a representation to explain the position of the Yonkers CDA with respect to the New York State Authority Budget Office audit.
The Budget Chair also asks for a delineation of the fiscal impact of the City’s hanging signs above roads and city bridges.
Due to the fact that the four Landmarks Preservation Board appointees (Richard Halevy, James Westbrook, Richard Carlson, Jassal Harjit) by the Mayor will be interviewed during the second part of the Rules Committee meeting (will be televised). We have changed the start time of the Budget and Finance Committee to 7:30 PM.
Please note that item # 6 will be discussed in the Education Committee meeting at 5:30 and not in Budget and Finance Committee.
At the request of Council Majority Leader Patricia McDow, we are adding another Item to the Budget and Finance Committee agenda.
* Discussion of the Community Development Agency (CDA) with respect to the audit done by the New York State Authority Budget Office.
We ask the Administration to send a representation to explain the position of the Yonkers CDA with respect to the New York State Authority Budget Office audit.
The Budget Chair also asks for a delineation of the fiscal impact of the City’s hanging signs above roads and city bridges.
Due to the fact that the four Landmarks Preservation Board appointees (Richard Halevy, James Westbrook, Richard Carlson, Jassal Harjit) by the Mayor will be interviewed during the second part of the Rules Committee meeting (will be televised). We have changed the start time of the Budget and Finance Committee to 7:30 PM.
Please note that item # 6 will be discussed in the Education Committee meeting at 5:30 and not in Budget and Finance Committee.
Please be advised that a Real Estate Committee Meeting Tuesday, Jan 26th, 2010 at 5:30 PM,
Please be advised that a Real Estate Committee Meeting has been scheduled for Tuesday, January 26th, 2010 at 5:30 PM, in the Council Conference Room, Yonkers City Hall, 4th Floor.
The following items will be on the Agenda:
1. Resolution - Special Use Permit - 15 Grassy Sprain Road - granting Con Edison a Special Use Permit to allow for a turn around area for the road leading to the substation.
2. Special Ordinance - granting Verizon a permit to install a new conduit and related services at 30 South Broadway to upgrade the telecommunications facilities, the estimated dimensions are in excess of 100 linear feet.
3. Special Ordinance - granting Con Edison a permit to install 4 feeders and related services in Smart Avenue, Wendover Road, Midland Avenue, Fullerton Avenue, Central Park Avenue South, Central Park Avenue North, Yonkers Avenue and Hall Place, the estimated dimensions are in excess of 100 linear feet in accordance with layout plan CO2-01666-8X. Installation to provide power to DEP filtration plant by April 2010 as per Federal Court Order.
4. Discussion on the Kimball Avenue Theater.
5. 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 their departments.
The following items will be on the Agenda:
1. Resolution - Special Use Permit - 15 Grassy Sprain Road - granting Con Edison a Special Use Permit to allow for a turn around area for the road leading to the substation.
2. Special Ordinance - granting Verizon a permit to install a new conduit and related services at 30 South Broadway to upgrade the telecommunications facilities, the estimated dimensions are in excess of 100 linear feet.
3. Special Ordinance - granting Con Edison a permit to install 4 feeders and related services in Smart Avenue, Wendover Road, Midland Avenue, Fullerton Avenue, Central Park Avenue South, Central Park Avenue North, Yonkers Avenue and Hall Place, the estimated dimensions are in excess of 100 linear feet in accordance with layout plan CO2-01666-8X. Installation to provide power to DEP filtration plant by April 2010 as per Federal Court Order.
4. Discussion on the Kimball Avenue Theater.
5. 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 their departments.
Please be advised that a Budget and Finance Committee Meeting Tuesday, Jan 19, 2009 at 7:00 PM
Please be advised that a Budget and Finance Committee Meeting has been scheduled for Tuesday, January 19, 2009 at 7:00 PM, Yonkers City Hall, 4th Floor.
The following items will be on the Agenda:
1. A discussion of the September 30, 2009 Capital Projects Status Report
2. A discussion of the Quarterly Report on Financial Accountability on the Operations Budget
3. The Audit presentation for 2009 fiscal year which was just done by Nick DeSantis.
4. Resolution – Home Rule Message – for the creation of an Administrative Adjudication Bureau in the City of Yonkers.
· Resolution – requesting the passage of state legislation to create a Bureau of Administrative Adjudication in the City of Yonkers.
5. A discussion of the City’s analysis of the state budget in prep for our upcoming trip to Albany.
6. A briefing of the YFT’s lawsuit against the BOE and what impact it might have on the City and its budget.
7. 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 their departments.
The following items will be on the Agenda:
1. A discussion of the September 30, 2009 Capital Projects Status Report
2. A discussion of the Quarterly Report on Financial Accountability on the Operations Budget
3. The Audit presentation for 2009 fiscal year which was just done by Nick DeSantis.
4. Resolution – Home Rule Message – for the creation of an Administrative Adjudication Bureau in the City of Yonkers.
· Resolution – requesting the passage of state legislation to create a Bureau of Administrative Adjudication in the City of Yonkers.
5. A discussion of the City’s analysis of the state budget in prep for our upcoming trip to Albany.
6. A briefing of the YFT’s lawsuit against the BOE and what impact it might have on the City and its budget.
7. 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 their departments.
Legislation, Codes, and Intergovernmental Relations Committee Meeting, Tuesday, Jan 19th, at 5:00 p.m.
Please be advised that a Legislation, Codes, and Intergovernmental Relations Committee Meeting has been scheduled for Tuesday, January 19th, 2010 at 5:00 p.m. in the Council Conference Room, City Hall, 4th floor.
The following items will be on the Agenda:
1. Resolution: requesting the passage of state legislation authorizing a tax on admissions at the racino’s.
2. Resolution: requesting the introduction and passage of State legislation authorizing an eligible city to receive a state aid payment related to estimates generated by a video lottery gaming facility.
3. 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 their departments.
The following items will be on the Agenda:
1. Resolution: requesting the passage of state legislation authorizing a tax on admissions at the racino’s.
2. Resolution: requesting the introduction and passage of State legislation authorizing an eligible city to receive a state aid payment related to estimates generated by a video lottery gaming facility.
3. 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 their departments.
Thursday, January 14, 2010
Wednesday, January 13, 2010
PLANNING BOARD MEETING WEDNESDAY JAN 13TH AT 5:30PM
87 Nepperhan Avenue, Room 320
Yonkers, New York 10701
(914) 377-6555
Fax (914) 377-6552
CITY OF YONKERS Philip A. Amicone, Mayor
PLANNING BOARD Roman Kozicky, Chairman
PLANNING BOARD AGENDA YONKERS, NEW YORK
AGENDA: FOR A REGULAR MEETING OF THE YONKERS PLANNING
BOARD TO BE HELD ON WEDNESDAY, JANUARY 13,
2010 AT 5:30 P.M. IN THE CITY COUNCIL CHAMBERS,
CITY HALL, 4TH FLOOR, YONKERS, NY.
PLEASE NOTE: ANY MATTER REQUIRING A PUBLIC HEARING WILL BE
HEARD AFTER 7 P.M. ITEMS MAY BE TAKEN OUT OF ORDER TO ACCOMMODATE PUBLIC COMMENT.
MINUTES:
1. MINUTES OF THE REGULAR MEETING HELD ON SEPTEMBER 9, 2009.
2. MINUTES OF THE REGULAR MEETING HELD ON NOVEMBER 18, 2009.
3. MINUTES OF THE REGULAR MEETING HELD ON DECEMBER 9, 2009
4. REVIEW AND VOTE ON THE PROPOSED 2010 PLANNING BOARD SCHEDULE
OLD BUSINESS:
SITE PLAN 5. SITE PLAN REVIEW FOR A PROPOSED CONSTRUCTION
REVIEW EQUIPMENT STORAGE LOT AT BLOCK: 3285 LOT: 205 ON THE PROPERTY KNOWN AS 115 AUSTIN AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
LOUIS MAGGIOTTO, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SITE PLAN 6. SITE PLAN REVIEW AND AFFORDABLE HOUSING
REVIEW/AFFORDABLE APPLICATION FOR A PROPOSED 353 UNIT
HOUSING RESIDENTIAL BUILDING AT BLOCK: 3370 LOT: 32 ON
APPLICATION THE PROPERTY KNOWN AS 1105-1135 WARBURTON
AVENUE PURSUANT TO ARTICLES IX AND ARTICLE XV OF THE YONKERS ZONING ORDINANCE
MICHAEL ORLANDI, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: TBD
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
PRELIMINARY 7. PRELIMINARY SPECIAL USE PERMIT (PLANNED
SPECIAL USE URBAN REDEVELOPMENT [PUR]) FOR THE PROPOSED
PERMIT REVIEW/ TEUTONIA BUENA VISTA PROJECT AT BLOCK: 511
PLANNED URBAN LOTS: 24, 25, 27 AND BLOCK: 512 LOTS: 1, 11, 13, 15, 17, 21
REDEVELOPMENT/ & 23 ON THE PROPERTY KNOWN AS PARCELS 92 MAIN
PUBLIC HEARING STREET, 41-65 & 66-72 BUENA VISTA AVENUE PURSUANT TO ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
ERIC WOLF & KEN DEARDEN, REPRESENTATIVES FOR THE PROPOSAL
A. SEQRA: TYPE I ACTION
LEAD AGENCY PLANNING BOARD
B. PUBLIC SCOPING SESSION
SITE PLAN 8. SITE PLAN REVIEW FOR PROPOSED EMERGENCY
REVIEW BACKUP GENERATOR AT BLOCK: 3455 LOT: 40 ON THE PROPERTY KNOWN AS 6 EXECUTIVE PLAZA PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
NICHOLAS WILLIAMSON, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SPECIAL USE 9. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED 24 HOUR USE (GAS STATION/
PLAN REVIEW CONVENIENCE STORE) AT BLOCK: 2067 LOT: 69 ON THE
PUBLIC HEARING PROPERTY KNOWN AS 360 NEPPERHAN AVENUE PURSUANT TO ARTICLE IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
ALFRED DELBELLO, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING
B. SEQRA: TYPE I ACTION
LEAD AGENCY: ZONING BOARD OF APPEALS
C. PLANNING BOARD REVIEW
SITE PLAN 10. SITE PLAN REVIEW FOR PROPOSED SITE
REVIEW IMPROVEMENTS TO THE EXISTING MOTEL AT BLOCK: 4001 LOTS: 125 & 133 ON THE PROPERTY KNOWN AS 323 AKA 307 TUCKAHOE ROAD PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
BRUNO PIETROSANTI, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SPECIAL USE 11. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED GAS STATION/ CONVENIENCE STORE AT
PLAN REVIEW BLOCK: 6117 LOT: 9 ON THE PROPERTY KNOWN AS
PUBLIC HEARING 487-493 CENTRAL PARK AVENUE PURSUANT TO ARTICLE IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
ANDREW ROMANO, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING- CLOSED
B. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
C. PLANNING BOARD REVIEW
SPECIAL USE 12. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED GAS STATION/ CONVENIENCE STORE
PLAN REVIEW AT BLOCK: 5530 LOT: 650 ON THE PROPERTY KNOWN
PUBLIC HEARING AS 574 TUCKAHOE ROAD PURSUANT TO ARTICLE IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
MARK SMITH, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING- CLOSED
B. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
C. PLANNING BOARD REVIEW
NEW BUSINESS:
OFFICIAL 13. REFERRAL FROM CITY COUNCIL TO DECLARE
MAP CHANGE AN EXISTING PORTION OF FENWAY SOUTH BETWEEN WEST DELANO AVENUE AND PARKWAY NORTH A PUBLIC STREET PURSUANT TO SECTION 29 OF THE GENERAL CITY LAW.
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: CITY COUNCIL
B. RECOMMENDATION ON THE PROPOSAL
ZONING 14. REFERRAL FROM THE YONKERS CITY COUNCIL
ORDINANCE REGARDING A “HISTORIC OVERLAY ZONE”
AMENDMENT AMENDMENT TO THE CITY OF YONKERS ZONING ORDINANCE
A. SEQRA: TO BE DETERMINED
LEAD AGENCY: CITY COUNCIL
B. RECOMMENDATION TO THE CITY COUNCIL
SITE PLAN 15. SITE PLAN REVIEW FOR A PROPOSED ORNAMENTAL
REVIEW FENCE AT BLOCK: 2183 LOT: 40 ON THE PROPERTY KNOWN AS 137 SAW MILL RIVER ROAD PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
ED CLIFTON, REPRESENTATIVES FOR THE PROPOSAL
A. SEQRA: TYPE I ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SITE PLAN 16. SITE PLAN REVIEW FOR PROPOSED RENOVATIONS TO
REVIEW THE EXISTING BUILDING AT BLOCK: 2146 LOTS: 41, 43 & 46 ON THE PROPERTY KNOWN AS 382 WARBURTON AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
JOHN-MICHAEL DE GENNARO, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SITE PLAN 17. SITE PLAN REVIEW FOR PROPOSED RENOVATIONS TO
REVIEW THE EXISTING BUILDING AT BLOCK: 5530 LOT: 701 ON THE PROPERTY KNOWN AS 594 TUCKAHOE ROAD PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
RUDOLPH PETRUCELLI, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SITE PLAN 18. SITE PLAN REVIEW FOR PROPOSED PARKING SPACES
REVIEW AT BLOCK: 2060 LOT: 7 ON THE PROPERTY KNOWN AS 348 ASHBURTON AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
TOM ABILLAMA, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
BRIEFING 19. BRIEFING ON THE PROPOSED EXPANSION OF THE
EXISTING CHARTER SCHOOL OF EDUCATIONAL EXCELLENCE AT BLOCK: 2106 LOTS: 42 & 46 ON THE PROPERTY KNOWN AS 260 WARBURTON AVENUE
CARLO SCHIATTARELLA, REPRESENTATIVE FOR THE PROPOSAL
OTHER
BUSINESS 20. COMMUNICATIONS
21. SCHEDULE WORK SESSIONS AS NECESSARY
Yonkers, New York 10701
(914) 377-6555
Fax (914) 377-6552
CITY OF YONKERS Philip A. Amicone, Mayor
PLANNING BOARD Roman Kozicky, Chairman
PLANNING BOARD AGENDA YONKERS, NEW YORK
AGENDA: FOR A REGULAR MEETING OF THE YONKERS PLANNING
BOARD TO BE HELD ON WEDNESDAY, JANUARY 13,
2010 AT 5:30 P.M. IN THE CITY COUNCIL CHAMBERS,
CITY HALL, 4TH FLOOR, YONKERS, NY.
PLEASE NOTE: ANY MATTER REQUIRING A PUBLIC HEARING WILL BE
HEARD AFTER 7 P.M. ITEMS MAY BE TAKEN OUT OF ORDER TO ACCOMMODATE PUBLIC COMMENT.
MINUTES:
1. MINUTES OF THE REGULAR MEETING HELD ON SEPTEMBER 9, 2009.
2. MINUTES OF THE REGULAR MEETING HELD ON NOVEMBER 18, 2009.
3. MINUTES OF THE REGULAR MEETING HELD ON DECEMBER 9, 2009
4. REVIEW AND VOTE ON THE PROPOSED 2010 PLANNING BOARD SCHEDULE
OLD BUSINESS:
SITE PLAN 5. SITE PLAN REVIEW FOR A PROPOSED CONSTRUCTION
REVIEW EQUIPMENT STORAGE LOT AT BLOCK: 3285 LOT: 205 ON THE PROPERTY KNOWN AS 115 AUSTIN AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
LOUIS MAGGIOTTO, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SITE PLAN 6. SITE PLAN REVIEW AND AFFORDABLE HOUSING
REVIEW/AFFORDABLE APPLICATION FOR A PROPOSED 353 UNIT
HOUSING RESIDENTIAL BUILDING AT BLOCK: 3370 LOT: 32 ON
APPLICATION THE PROPERTY KNOWN AS 1105-1135 WARBURTON
AVENUE PURSUANT TO ARTICLES IX AND ARTICLE XV OF THE YONKERS ZONING ORDINANCE
MICHAEL ORLANDI, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: TBD
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
PRELIMINARY 7. PRELIMINARY SPECIAL USE PERMIT (PLANNED
SPECIAL USE URBAN REDEVELOPMENT [PUR]) FOR THE PROPOSED
PERMIT REVIEW/ TEUTONIA BUENA VISTA PROJECT AT BLOCK: 511
PLANNED URBAN LOTS: 24, 25, 27 AND BLOCK: 512 LOTS: 1, 11, 13, 15, 17, 21
REDEVELOPMENT/ & 23 ON THE PROPERTY KNOWN AS PARCELS 92 MAIN
PUBLIC HEARING STREET, 41-65 & 66-72 BUENA VISTA AVENUE PURSUANT TO ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
ERIC WOLF & KEN DEARDEN, REPRESENTATIVES FOR THE PROPOSAL
A. SEQRA: TYPE I ACTION
LEAD AGENCY PLANNING BOARD
B. PUBLIC SCOPING SESSION
SITE PLAN 8. SITE PLAN REVIEW FOR PROPOSED EMERGENCY
REVIEW BACKUP GENERATOR AT BLOCK: 3455 LOT: 40 ON THE PROPERTY KNOWN AS 6 EXECUTIVE PLAZA PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
NICHOLAS WILLIAMSON, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SPECIAL USE 9. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED 24 HOUR USE (GAS STATION/
PLAN REVIEW CONVENIENCE STORE) AT BLOCK: 2067 LOT: 69 ON THE
PUBLIC HEARING PROPERTY KNOWN AS 360 NEPPERHAN AVENUE PURSUANT TO ARTICLE IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
ALFRED DELBELLO, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING
B. SEQRA: TYPE I ACTION
LEAD AGENCY: ZONING BOARD OF APPEALS
C. PLANNING BOARD REVIEW
SITE PLAN 10. SITE PLAN REVIEW FOR PROPOSED SITE
REVIEW IMPROVEMENTS TO THE EXISTING MOTEL AT BLOCK: 4001 LOTS: 125 & 133 ON THE PROPERTY KNOWN AS 323 AKA 307 TUCKAHOE ROAD PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
BRUNO PIETROSANTI, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SPECIAL USE 11. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED GAS STATION/ CONVENIENCE STORE AT
PLAN REVIEW BLOCK: 6117 LOT: 9 ON THE PROPERTY KNOWN AS
PUBLIC HEARING 487-493 CENTRAL PARK AVENUE PURSUANT TO ARTICLE IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
ANDREW ROMANO, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING- CLOSED
B. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
C. PLANNING BOARD REVIEW
SPECIAL USE 12. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED GAS STATION/ CONVENIENCE STORE
PLAN REVIEW AT BLOCK: 5530 LOT: 650 ON THE PROPERTY KNOWN
PUBLIC HEARING AS 574 TUCKAHOE ROAD PURSUANT TO ARTICLE IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
MARK SMITH, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING- CLOSED
B. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
C. PLANNING BOARD REVIEW
NEW BUSINESS:
OFFICIAL 13. REFERRAL FROM CITY COUNCIL TO DECLARE
MAP CHANGE AN EXISTING PORTION OF FENWAY SOUTH BETWEEN WEST DELANO AVENUE AND PARKWAY NORTH A PUBLIC STREET PURSUANT TO SECTION 29 OF THE GENERAL CITY LAW.
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: CITY COUNCIL
B. RECOMMENDATION ON THE PROPOSAL
ZONING 14. REFERRAL FROM THE YONKERS CITY COUNCIL
ORDINANCE REGARDING A “HISTORIC OVERLAY ZONE”
AMENDMENT AMENDMENT TO THE CITY OF YONKERS ZONING ORDINANCE
A. SEQRA: TO BE DETERMINED
LEAD AGENCY: CITY COUNCIL
B. RECOMMENDATION TO THE CITY COUNCIL
SITE PLAN 15. SITE PLAN REVIEW FOR A PROPOSED ORNAMENTAL
REVIEW FENCE AT BLOCK: 2183 LOT: 40 ON THE PROPERTY KNOWN AS 137 SAW MILL RIVER ROAD PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
ED CLIFTON, REPRESENTATIVES FOR THE PROPOSAL
A. SEQRA: TYPE I ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SITE PLAN 16. SITE PLAN REVIEW FOR PROPOSED RENOVATIONS TO
REVIEW THE EXISTING BUILDING AT BLOCK: 2146 LOTS: 41, 43 & 46 ON THE PROPERTY KNOWN AS 382 WARBURTON AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
JOHN-MICHAEL DE GENNARO, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SITE PLAN 17. SITE PLAN REVIEW FOR PROPOSED RENOVATIONS TO
REVIEW THE EXISTING BUILDING AT BLOCK: 5530 LOT: 701 ON THE PROPERTY KNOWN AS 594 TUCKAHOE ROAD PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
RUDOLPH PETRUCELLI, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SITE PLAN 18. SITE PLAN REVIEW FOR PROPOSED PARKING SPACES
REVIEW AT BLOCK: 2060 LOT: 7 ON THE PROPERTY KNOWN AS 348 ASHBURTON AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
TOM ABILLAMA, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
BRIEFING 19. BRIEFING ON THE PROPOSED EXPANSION OF THE
EXISTING CHARTER SCHOOL OF EDUCATIONAL EXCELLENCE AT BLOCK: 2106 LOTS: 42 & 46 ON THE PROPERTY KNOWN AS 260 WARBURTON AVENUE
CARLO SCHIATTARELLA, REPRESENTATIVE FOR THE PROPOSAL
OTHER
BUSINESS 20. COMMUNICATIONS
21. SCHEDULE WORK SESSIONS AS NECESSARY
Tuesday, January 12, 2010
Planning Board Meeting Wednesday Jan 13th at 5:30pm
Planning Board Meeting
1/13/2010 5:30 PM
City Hall - City Council Chambers
40 South Broadway
AGENDA NOT AVAILABLE AT TIME OF POSTING
1/13/2010 5:30 PM
City Hall - City Council Chambers
40 South Broadway
AGENDA NOT AVAILABLE AT TIME OF POSTING
Monday, January 11, 2010
CITY COUNCIL, YONKERS MEETING TUESDAY, JANUARY 12, 2010
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
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:
1 MAJORITY LEADER PATRICIA D. McDOW
5 MINORITY LEADER JOHN .M. MURTAGH
COUNCIL MEMBERS:
DISTRICT:
2 WILSON V. TERRERO
3 JOAN GRONOWSKI
4 DENNIS E. SHEPHERD
6 JOHN LARKIN
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 December 8, 2009 and special meetings
held on December 8, 2009 and December 22, 2009 approved on motion of
Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
2
INDEX
ITEM DESCRIPTION PAGE
1. G.O. – Live-Work Units/Apartment Houses 6/7
2. Res. – Settlement – Bedjan - $1,000.00 8
3. Res. – Settlement - Aglietti - $1,495.97 9
4. Res. – Settlement – Hedgepeth - $3,000.00 10
5. Res. – Settlement – Croton Point - $107,142.86 11
6. Res. – Cooperative Purchasing/Westchester County 12/13
7. Res. – Special Use Permit – 597 South Broadway 14/15
8. Res. – Special Use Permit – 15 North Broadway 16/17
9. Res. – Tax Certrioari Settlements - $4,571,381.65 18
10. Res. - Commissioners of Deeds 19
11. Res. – Human Rights Re-appt. – Dominic Morelli 20
12. Res. – Human Rights Re-appt. – Linda Bohan 21
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
3
COMMUNICATIONS FROM CITY OFFICIALS
1. From Mayor Philip Amicone, dated December 23, 2009, correspondence
to the Council President and all Councilmembers forwarding his veto of
Local Law No. 11-2009, entitled “Sustainable Development (LEED
Legislation).
2. From Mayor Philip Amicone, dated December 29, 2009, correspondence
to Dan Schorr, Esq., appointing Mr. Schorr as Inspector General for the
City of Yonkers for a five year term.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
4
COMMUNICATIONS - GENERALLY
1 From the Village Clerk of the Village of Scarsdale, a notice of public
hearing to be held on Tuesday, February 9, 2010 at 8 p.m. regarding the
Village Center Component of the Comprehensive Plan dated November
2009. Copies on Desks.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
5
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
6
GENERAL ORDINANCE
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
A GENERAL ORDINANCE AMENDING GENERALORDINANCE 4 - 2000
CHAPTER 43 OF THE CODE OF THE CITY OF YONKERS,
COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF
YONKERS
The City of Yonkers, in City Council convened, does hereby ordain
and enact:
Section 1.General Ordinance No.4 -2000 and the accompanying
map, also known as Chapter 43 of the Code of the City of Yonkers, and
more commonly known as the Zoning Code of the City of Yonkers, is
hereby amended, by amending Table 43-1 of the Schedule of Use
Regulations for Business, Commercial and Office Uses in part, regarding
the regulations concerning use for Live/work buildings to add two new
vertical columns captioned GC and DW and to make Apartments Houses
a permitted use (P) in the Government Center (GC), Central Business
(CB) and Downtown Waterfront (DW) zone districts to read as follows:
S Section 2. General Ordinance No 4-2000 and the accompanying
map, also known as Chapter 43 of the Code of the City of Yonkers, and
more commonly known as the Zoning Code of the City of Yonkers is
hereby amended, by amending Table 43-1 entitled “Schedule of Use
Regulations” to delete the footnote No. 1 that reads as follows “ Permitted
only on a Designated Development Site” and to remove the note from the
use “Apartment Houses.”
Section 3. General Ordinance No 4-2000 and the accompanying
map, also known as Chapter 43 of the Code of the City of Yonkers, and
more commonly known as the Zoning Code of the City of Yonkers is
hereby amended, by amending Table 43-2 entitled “List of Uses
Residential
Uses
CB GC DW
Apartment
Houses
P P P
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
7
GENERAL ORDINANCE (CONTINUED)
Regulations by District” to show Apartment Houses as a permitted use in
the Government Center (GC), Central Business (CB) and Downtown
Waterfront (DW) zone districts by inserting the term “Apartment Houses”
alphabetically under Principal Uses Permitted Uses as follows:
“CB District: central business
Principal Uses
Permitted Uses:
Apartment Houses
DW District: downtown waterfront
Principal Uses
Permitted Uses:
Apartment Houses
GC District: central business
Principal Uses
Permitted Uses:
Apartment Houses”
Section 4. This general ordinance will take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
8
RESOLUTION
2. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
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 AND 00/100 DOLLARS ($1,000.00) of the action
entitled MELISSA BEDJAN, Plaintiff against City of Yonkers, as
Defendant, for property damage resulting from an alleged accident when
her car was hit by a City of Yonkers truck at the intersection of Tuckahoe
Road and Wainwright Road, Yonkers hereby is approved and the
Comptroller of the City of Yonkers is directed to draw his warrant in the
amount of ONE THOUSAND AND 00/100 DOLLARS ($1,000.00) in favor
of said plaintiff.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
9
RESOLUTION
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
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 FOUR HUNDRED AND NINETY-FIVE DOLLARS AND
NINETY-SEVEN CENTS ($1,495.97) of the action entitled, “LIDIO
AGLIETTI (residing at 15 Rossiter Avenue, Yonkers, New York 10701),
plaintiff against THE CITY OF YONKERS, Defendant", for property
damage arising out of an alleged incident alleging that a City of Yonkers
sanitation vehicle struck plaintiff’s 2003 Mitsubishi Galant on January 30,
2009, 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 FOUR HUNDRED AND NINETY-FIVE DOLLARS AND
NINETY-SEVEN CENTS ($1,495.97) in favor of said plaintiff.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
10
RESOLUTION
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of THREE
THOUSAND DOLLARS ($3,00.00) of the action entitled, "MIAH
HEDGEPETH plaintiff against THE CITY OF YONKERS AND GABRIELE
BARILE, Defendants", for personal injuries arising out of an incident that
allegedly occurred on November 26, 2007, 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 THREE THOUSAND DOLLARS ($3,000.00)
in favor of said plaintiff and her attorneys Elliot Ifraimoff & Associates,
P.C., 116-16 Queens Blvd., Suite 230, Forest Hills, New York 11375.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
11
RESOLUTION
5. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
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 HUNDRED SEVEN THOUSAND ONE HUNDRED FORTY TWO
AND 86/100 DOLLARS ($107,142.86) in the action entitled, "AMETEK
INC., et al., Plaintiffs v. KRAFT FOODS NORTH AMERICA, et al.,
Defendants", for contribution under Section 113(f) of the Comprehensive
Environmental Response Compensation and Liability Act (“CERCLA”), for
contamination remediation costs at the Croton Point Landfill previously
collected from the Plaintiffs to the State of New York and the same hereby
is approved and the Comptroller of the City of Yonkers is directed to draw
his warrant in the amount ONE HUNDRED SEVEN THOUSAND ONE
HUNDRED FORTY TWO AND 86/100 DOLLARS ($107,142.86) in favor
of said plaintiffs the AMETEK INC., et al.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
12
RESOLUTION
6. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, it is in the public interest for government entities to
obtain goods and services of maximum quality at the most economical
price; and
WHEREAS, all participating government entities would benefit from
a program designed to purchase those items that are in common use
under the umbrella of a cooperative single-bid procedure; and
WHEREAS, It is the plan of a number of local municipalities in New
York State to bid jointly on various commodities or services; and
WHEREAS, the City of Yonkers is desirous of participating with
other local municipalities in New York State in the joint bidding of the
commodity or services as authorized by General Municipal Law, Section
119-o, and,
WHEREAS, the various municipalities’ Purchasing Departments
would not be bound to any greater degree than at present when bids are
taken, and the inclusion of said entities in the selected bids would afford
them the opportunity for cost savings at no additional cost burden to the
municipal entity;
WHEREAS, it is the desire of the City of Yonkers, a municipality in
the County of Westchester, in adopting this resolution, to bid jointly on
various services or commodities:
NOW, THEREFORE, BE IT RESOLVED that (1) Under this
agreement, it is understood and agreed that each participating entity will
make its own separate purchase agreement with selected bidders, that
each entity shall only be liable to the successful bidder for
material/supplies/services contracted for by such entity, without any
liability for purchases contracted for by any other participating entity, and
each bid winner shall be required to bill each participating entity directly for
purchase contracted by it. (2) It is further understood that in the event of
any dispute between participating entities and the bid winner arising after
a contract of purchase has been executed, such dispute shall be handled
by and between the affected parties with said parties holding harmless the
City of Yonkers and be it further
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
13
RESOLUTION (CONTINUED)
RESOLVED, that the specifications as prepared by the City of
Yonkers or the participating entities under this agreement be accepted for
purchase at the lowest responsible bid price recommended by the City of
Yonkers or the Lead Agency; however, each entity has the right to reject
all or part of the designated agency recommendation for the local bid
award; and be it further
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
14
RESOLUTION
7. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, the owner of the property located at 597 South
Broadway, more properly known as Block 28, Lot 1 on the Tax
Assessment Map of the City of Yonkers has submitted an application for
Site Plan Review and a Special Use Permit for the operation of a
convenience store in conjunction with an automobile service station to the
Planning Board which was approved by the Planning Board in accordance
with Article VII and Article IX of the Zoning Code of the City of Yonkers;
and
WHEREAS, upon review of the application and the record, this City
Council believes it to be in the best interest of the City to grant said
application.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers, in meeting assembled, that the proposed Site Plan and
Special Use Permit should be granted; and be it further
RESOLVED, that upon the record and findings of the Planning
Board with respect to the application for a Special Use Permit to allow the
operation of a convenience store in conjunction with an automobile service
station at Block 28, Lot 1 on the Tax Assessment Map of the City of
Yonkers, on the property known as 597 South Broadway, Yonkers, New
York, pursuant to Article VII of The Zoning Code of the City of Yonkers.
The decision and actions of the Planning Board of the City of Yonkers are
hereby approved, and this approval is subject to the conditions set forth in
the Resolution of the Planning Board, which includes but is not limited to,
(1) All improvements made to this site and all conditions imposed by the
Planning Board shall remain in full force and effect as long as the site
remains occupied; and (2)The applicant must remove the car wash and
vacuum operations entirely from the site ; (3) The applicant must maintain
the planter boxes with flowers or other plants; (4) The business must stop
operating at or before 12 midnight and may not open until 6 A.M; (5) Front
window signage is limited to no more than 25% of the window area; (6)
Signage not shown on the plan is expressly prohibited; (7) New concrete
driveway aprons will be required for all three drop curb entrances that will
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
15
RESOLUTION (CONTINUED)
match the existing pigmented concrete and existing streetscape; (8) The
applicant must replace the deteriorated sidewalk and raise the curb on
Fanshaw Avenue ; (9) The applicant must submit provisions for containing
stormwater runoff on site and prevention water from flowing onto South
Broadway’s right of way to the City Engineer; (10) All of the conclusions,
findings and conditions of the October 14, 2009, Planning Board
Resolution not otherwise mentioned herein are hereby referenced to and
made a part hereof; and be it further
RESOLVED, that this Resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
16
RESOLUTION
8. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, the owner of the property located at 15 North
Broadway, more properly known as Block 2003, Lot 25 on the Tax
Assessment Map of the City of Yonkers has submitted an application for
Site Plan Review and a Special Use Permit for a Live-Work Building at the
aforementioned site to the Planning Board which was approved by the
Planning Board in accordance with Article VII, §43-78 (C) and Article IX of
the Zoning Code of the City of Yonkers; and
WHEREAS, upon review of the application and the record, this City
Council believes it to be in the best interest of the City to grant said
application.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers, in meeting assembled, that the proposed Site Plan and
Special Use Permit should be granted; and be it further
RESOLVED, that upon the record and findings of the Planning
Board with respect to the application for a Special Use Permit to allow the
operation of a Live-Work Building at Block 2003, Lot 25 on the Tax
Assessment Map of the City of Yonkers, on the property known as 15
North Broadway, Yonkers, New York, pursuant to Article VII, §43-78(C) of
The Zoning Code of the City of Yonkers. The decision and actions of the
Planning Board of the City of Yonkers are hereby approved, and this
approval is subject to the conditions set forth in the Resolution of the
Planning Board, which includes but is not limited to, (1) All improvements
made to this site and all conditions imposed by the Planning Board shall
remain in full force and effect as long as the site remains occupied; and
(2) Any changes from the approved façade must be approved by the
Planning Board; (3) Vents/air handling equipment are prohibited on the
front facade; (4) Window air conditioning units are prohibited on the street
façade, with the exception they shall be permitted in the sleeves; (5) Signs
for the first floor commercial spaces shall conform to the Yonkers Sign
Code, but shall not exceed the size of the sign board area shown on the
façade plans. Design approval over these signs is delegated to the
Planning Bureau for the initial installation of signs to insure a high quality
of design, but they shall not exceed the size of the sign board area shown
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
17
RESOLUTION (CONTINUED)
on the façade plans; (6) No sign for live work units may be erected in any
window or wall of the building except for a one (1) foot by one (1) foot
flush mounted sign at the building entry. Additionally, a three (3) foot by
two (2) foot-flush mounted directory may be permitted at ground level
immediately adjacent to the entrance of the building; (7) The building
must conform to all the conditions pursuant to §43-78 (C) of the Zoning
Code of the City of Yonkers, the live work requirements for a special use
permit; (10) All of the conclusions, findings and conditions of the October
14, 2009, Planning
Board Resolution not otherwise mentioned herein are hereby referenced
to and made a part hereof; and be it further
RESOLVED, that this Resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
18
RESOLUTION
9. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
BE IT THEREFORE RESOLVED, that the City Council of the City
of Yonkers hereby approves the following tax certiorari settlements. (See
attached list.)
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
19
RESOLUTION
10. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
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 February 28, 2012
Nancy Pagan
16 Tower Place
Yonkers, New York 10703
Legal Assistant RENEWAL
Marwan Wadi Dahdal
343 Hawthorne Avenue
Yonkers, New York 10705
Architect RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
20
RESOLUTION
11. BY MAJORITY LEADER McDOW; COUNCIL PRESIDENT LESNICK,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
BE IT HEREBY RESOLVED, that the City Council of Yonkers
hereby renews DOMINIC MORELLI (37 Nimitz Road, Yonkers, New York
10701), as a Commissioner of the Yonkers Commission on Human
Rights, for a term of three years, which expires December 18, 2012.
BE IT FURTHER RESOLVED, that the City Clerk is directed to
forward a copy of this Resolution to the Human Rights Office.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
21
RESOLUTION
12. BY MAJORITY LEADER McDOW; COUNCIL PRESIDENT LESNICK,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
BE IT HEREBY RESOLVED, that the City Council of Yonkers
hereby renews LINDA BOHAN (1 Pondview Lane, Yonkers, New York
10710), as a Commissioner of the Yonkers Commission on Human
Rights, for a term of three years, which expires December 18, 2012.
BE IT FURTHER RESOLVED, that the City Clerk is directed to
forward a copy of this Resolution to the Human Rights Office.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
22
COMMITTEE REPORTS
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
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:
1 MAJORITY LEADER PATRICIA D. McDOW
5 MINORITY LEADER JOHN .M. MURTAGH
COUNCIL MEMBERS:
DISTRICT:
2 WILSON V. TERRERO
3 JOAN GRONOWSKI
4 DENNIS E. SHEPHERD
6 JOHN LARKIN
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 December 8, 2009 and special meetings
held on December 8, 2009 and December 22, 2009 approved on motion of
Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
2
INDEX
ITEM DESCRIPTION PAGE
1. G.O. – Live-Work Units/Apartment Houses 6/7
2. Res. – Settlement – Bedjan - $1,000.00 8
3. Res. – Settlement - Aglietti - $1,495.97 9
4. Res. – Settlement – Hedgepeth - $3,000.00 10
5. Res. – Settlement – Croton Point - $107,142.86 11
6. Res. – Cooperative Purchasing/Westchester County 12/13
7. Res. – Special Use Permit – 597 South Broadway 14/15
8. Res. – Special Use Permit – 15 North Broadway 16/17
9. Res. – Tax Certrioari Settlements - $4,571,381.65 18
10. Res. - Commissioners of Deeds 19
11. Res. – Human Rights Re-appt. – Dominic Morelli 20
12. Res. – Human Rights Re-appt. – Linda Bohan 21
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
3
COMMUNICATIONS FROM CITY OFFICIALS
1. From Mayor Philip Amicone, dated December 23, 2009, correspondence
to the Council President and all Councilmembers forwarding his veto of
Local Law No. 11-2009, entitled “Sustainable Development (LEED
Legislation).
2. From Mayor Philip Amicone, dated December 29, 2009, correspondence
to Dan Schorr, Esq., appointing Mr. Schorr as Inspector General for the
City of Yonkers for a five year term.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
4
COMMUNICATIONS - GENERALLY
1 From the Village Clerk of the Village of Scarsdale, a notice of public
hearing to be held on Tuesday, February 9, 2010 at 8 p.m. regarding the
Village Center Component of the Comprehensive Plan dated November
2009. Copies on Desks.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
5
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
6
GENERAL ORDINANCE
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
A GENERAL ORDINANCE AMENDING GENERALORDINANCE 4 - 2000
CHAPTER 43 OF THE CODE OF THE CITY OF YONKERS,
COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF
YONKERS
The City of Yonkers, in City Council convened, does hereby ordain
and enact:
Section 1.General Ordinance No.4 -2000 and the accompanying
map, also known as Chapter 43 of the Code of the City of Yonkers, and
more commonly known as the Zoning Code of the City of Yonkers, is
hereby amended, by amending Table 43-1 of the Schedule of Use
Regulations for Business, Commercial and Office Uses in part, regarding
the regulations concerning use for Live/work buildings to add two new
vertical columns captioned GC and DW and to make Apartments Houses
a permitted use (P) in the Government Center (GC), Central Business
(CB) and Downtown Waterfront (DW) zone districts to read as follows:
S Section 2. General Ordinance No 4-2000 and the accompanying
map, also known as Chapter 43 of the Code of the City of Yonkers, and
more commonly known as the Zoning Code of the City of Yonkers is
hereby amended, by amending Table 43-1 entitled “Schedule of Use
Regulations” to delete the footnote No. 1 that reads as follows “ Permitted
only on a Designated Development Site” and to remove the note from the
use “Apartment Houses.”
Section 3. General Ordinance No 4-2000 and the accompanying
map, also known as Chapter 43 of the Code of the City of Yonkers, and
more commonly known as the Zoning Code of the City of Yonkers is
hereby amended, by amending Table 43-2 entitled “List of Uses
Residential
Uses
CB GC DW
Apartment
Houses
P P P
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
7
GENERAL ORDINANCE (CONTINUED)
Regulations by District” to show Apartment Houses as a permitted use in
the Government Center (GC), Central Business (CB) and Downtown
Waterfront (DW) zone districts by inserting the term “Apartment Houses”
alphabetically under Principal Uses Permitted Uses as follows:
“CB District: central business
Principal Uses
Permitted Uses:
Apartment Houses
DW District: downtown waterfront
Principal Uses
Permitted Uses:
Apartment Houses
GC District: central business
Principal Uses
Permitted Uses:
Apartment Houses”
Section 4. This general ordinance will take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
8
RESOLUTION
2. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
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 AND 00/100 DOLLARS ($1,000.00) of the action
entitled MELISSA BEDJAN, Plaintiff against City of Yonkers, as
Defendant, for property damage resulting from an alleged accident when
her car was hit by a City of Yonkers truck at the intersection of Tuckahoe
Road and Wainwright Road, Yonkers hereby is approved and the
Comptroller of the City of Yonkers is directed to draw his warrant in the
amount of ONE THOUSAND AND 00/100 DOLLARS ($1,000.00) in favor
of said plaintiff.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
9
RESOLUTION
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
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 FOUR HUNDRED AND NINETY-FIVE DOLLARS AND
NINETY-SEVEN CENTS ($1,495.97) of the action entitled, “LIDIO
AGLIETTI (residing at 15 Rossiter Avenue, Yonkers, New York 10701),
plaintiff against THE CITY OF YONKERS, Defendant", for property
damage arising out of an alleged incident alleging that a City of Yonkers
sanitation vehicle struck plaintiff’s 2003 Mitsubishi Galant on January 30,
2009, 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 FOUR HUNDRED AND NINETY-FIVE DOLLARS AND
NINETY-SEVEN CENTS ($1,495.97) in favor of said plaintiff.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
10
RESOLUTION
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of THREE
THOUSAND DOLLARS ($3,00.00) of the action entitled, "MIAH
HEDGEPETH plaintiff against THE CITY OF YONKERS AND GABRIELE
BARILE, Defendants", for personal injuries arising out of an incident that
allegedly occurred on November 26, 2007, 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 THREE THOUSAND DOLLARS ($3,000.00)
in favor of said plaintiff and her attorneys Elliot Ifraimoff & Associates,
P.C., 116-16 Queens Blvd., Suite 230, Forest Hills, New York 11375.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
11
RESOLUTION
5. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
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 HUNDRED SEVEN THOUSAND ONE HUNDRED FORTY TWO
AND 86/100 DOLLARS ($107,142.86) in the action entitled, "AMETEK
INC., et al., Plaintiffs v. KRAFT FOODS NORTH AMERICA, et al.,
Defendants", for contribution under Section 113(f) of the Comprehensive
Environmental Response Compensation and Liability Act (“CERCLA”), for
contamination remediation costs at the Croton Point Landfill previously
collected from the Plaintiffs to the State of New York and the same hereby
is approved and the Comptroller of the City of Yonkers is directed to draw
his warrant in the amount ONE HUNDRED SEVEN THOUSAND ONE
HUNDRED FORTY TWO AND 86/100 DOLLARS ($107,142.86) in favor
of said plaintiffs the AMETEK INC., et al.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
12
RESOLUTION
6. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, it is in the public interest for government entities to
obtain goods and services of maximum quality at the most economical
price; and
WHEREAS, all participating government entities would benefit from
a program designed to purchase those items that are in common use
under the umbrella of a cooperative single-bid procedure; and
WHEREAS, It is the plan of a number of local municipalities in New
York State to bid jointly on various commodities or services; and
WHEREAS, the City of Yonkers is desirous of participating with
other local municipalities in New York State in the joint bidding of the
commodity or services as authorized by General Municipal Law, Section
119-o, and,
WHEREAS, the various municipalities’ Purchasing Departments
would not be bound to any greater degree than at present when bids are
taken, and the inclusion of said entities in the selected bids would afford
them the opportunity for cost savings at no additional cost burden to the
municipal entity;
WHEREAS, it is the desire of the City of Yonkers, a municipality in
the County of Westchester, in adopting this resolution, to bid jointly on
various services or commodities:
NOW, THEREFORE, BE IT RESOLVED that (1) Under this
agreement, it is understood and agreed that each participating entity will
make its own separate purchase agreement with selected bidders, that
each entity shall only be liable to the successful bidder for
material/supplies/services contracted for by such entity, without any
liability for purchases contracted for by any other participating entity, and
each bid winner shall be required to bill each participating entity directly for
purchase contracted by it. (2) It is further understood that in the event of
any dispute between participating entities and the bid winner arising after
a contract of purchase has been executed, such dispute shall be handled
by and between the affected parties with said parties holding harmless the
City of Yonkers and be it further
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
13
RESOLUTION (CONTINUED)
RESOLVED, that the specifications as prepared by the City of
Yonkers or the participating entities under this agreement be accepted for
purchase at the lowest responsible bid price recommended by the City of
Yonkers or the Lead Agency; however, each entity has the right to reject
all or part of the designated agency recommendation for the local bid
award; and be it further
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
14
RESOLUTION
7. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, the owner of the property located at 597 South
Broadway, more properly known as Block 28, Lot 1 on the Tax
Assessment Map of the City of Yonkers has submitted an application for
Site Plan Review and a Special Use Permit for the operation of a
convenience store in conjunction with an automobile service station to the
Planning Board which was approved by the Planning Board in accordance
with Article VII and Article IX of the Zoning Code of the City of Yonkers;
and
WHEREAS, upon review of the application and the record, this City
Council believes it to be in the best interest of the City to grant said
application.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers, in meeting assembled, that the proposed Site Plan and
Special Use Permit should be granted; and be it further
RESOLVED, that upon the record and findings of the Planning
Board with respect to the application for a Special Use Permit to allow the
operation of a convenience store in conjunction with an automobile service
station at Block 28, Lot 1 on the Tax Assessment Map of the City of
Yonkers, on the property known as 597 South Broadway, Yonkers, New
York, pursuant to Article VII of The Zoning Code of the City of Yonkers.
The decision and actions of the Planning Board of the City of Yonkers are
hereby approved, and this approval is subject to the conditions set forth in
the Resolution of the Planning Board, which includes but is not limited to,
(1) All improvements made to this site and all conditions imposed by the
Planning Board shall remain in full force and effect as long as the site
remains occupied; and (2)The applicant must remove the car wash and
vacuum operations entirely from the site ; (3) The applicant must maintain
the planter boxes with flowers or other plants; (4) The business must stop
operating at or before 12 midnight and may not open until 6 A.M; (5) Front
window signage is limited to no more than 25% of the window area; (6)
Signage not shown on the plan is expressly prohibited; (7) New concrete
driveway aprons will be required for all three drop curb entrances that will
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
15
RESOLUTION (CONTINUED)
match the existing pigmented concrete and existing streetscape; (8) The
applicant must replace the deteriorated sidewalk and raise the curb on
Fanshaw Avenue ; (9) The applicant must submit provisions for containing
stormwater runoff on site and prevention water from flowing onto South
Broadway’s right of way to the City Engineer; (10) All of the conclusions,
findings and conditions of the October 14, 2009, Planning Board
Resolution not otherwise mentioned herein are hereby referenced to and
made a part hereof; and be it further
RESOLVED, that this Resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
16
RESOLUTION
8. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
WHEREAS, the owner of the property located at 15 North
Broadway, more properly known as Block 2003, Lot 25 on the Tax
Assessment Map of the City of Yonkers has submitted an application for
Site Plan Review and a Special Use Permit for a Live-Work Building at the
aforementioned site to the Planning Board which was approved by the
Planning Board in accordance with Article VII, §43-78 (C) and Article IX of
the Zoning Code of the City of Yonkers; and
WHEREAS, upon review of the application and the record, this City
Council believes it to be in the best interest of the City to grant said
application.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers, in meeting assembled, that the proposed Site Plan and
Special Use Permit should be granted; and be it further
RESOLVED, that upon the record and findings of the Planning
Board with respect to the application for a Special Use Permit to allow the
operation of a Live-Work Building at Block 2003, Lot 25 on the Tax
Assessment Map of the City of Yonkers, on the property known as 15
North Broadway, Yonkers, New York, pursuant to Article VII, §43-78(C) of
The Zoning Code of the City of Yonkers. The decision and actions of the
Planning Board of the City of Yonkers are hereby approved, and this
approval is subject to the conditions set forth in the Resolution of the
Planning Board, which includes but is not limited to, (1) All improvements
made to this site and all conditions imposed by the Planning Board shall
remain in full force and effect as long as the site remains occupied; and
(2) Any changes from the approved façade must be approved by the
Planning Board; (3) Vents/air handling equipment are prohibited on the
front facade; (4) Window air conditioning units are prohibited on the street
façade, with the exception they shall be permitted in the sleeves; (5) Signs
for the first floor commercial spaces shall conform to the Yonkers Sign
Code, but shall not exceed the size of the sign board area shown on the
façade plans. Design approval over these signs is delegated to the
Planning Bureau for the initial installation of signs to insure a high quality
of design, but they shall not exceed the size of the sign board area shown
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
17
RESOLUTION (CONTINUED)
on the façade plans; (6) No sign for live work units may be erected in any
window or wall of the building except for a one (1) foot by one (1) foot
flush mounted sign at the building entry. Additionally, a three (3) foot by
two (2) foot-flush mounted directory may be permitted at ground level
immediately adjacent to the entrance of the building; (7) The building
must conform to all the conditions pursuant to §43-78 (C) of the Zoning
Code of the City of Yonkers, the live work requirements for a special use
permit; (10) All of the conclusions, findings and conditions of the October
14, 2009, Planning
Board Resolution not otherwise mentioned herein are hereby referenced
to and made a part hereof; and be it further
RESOLVED, that this Resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
18
RESOLUTION
9. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
BE IT THEREFORE RESOLVED, that the City Council of the City
of Yonkers hereby approves the following tax certiorari settlements. (See
attached list.)
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
19
RESOLUTION
10. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
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 February 28, 2012
Nancy Pagan
16 Tower Place
Yonkers, New York 10703
Legal Assistant RENEWAL
Marwan Wadi Dahdal
343 Hawthorne Avenue
Yonkers, New York 10705
Architect RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
20
RESOLUTION
11. BY MAJORITY LEADER McDOW; COUNCIL PRESIDENT LESNICK,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
BE IT HEREBY RESOLVED, that the City Council of Yonkers
hereby renews DOMINIC MORELLI (37 Nimitz Road, Yonkers, New York
10701), as a Commissioner of the Yonkers Commission on Human
Rights, for a term of three years, which expires December 18, 2012.
BE IT FURTHER RESOLVED, that the City Clerk is directed to
forward a copy of this Resolution to the Human Rights Office.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
21
RESOLUTION
12. BY MAJORITY LEADER McDOW; COUNCIL PRESIDENT LESNICK,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN:
BE IT HEREBY RESOLVED, that the City Council of Yonkers
hereby renews LINDA BOHAN (1 Pondview Lane, Yonkers, New York
10710), as a Commissioner of the Yonkers Commission on Human
Rights, for a term of three years, which expires December 18, 2012.
BE IT FURTHER RESOLVED, that the City Clerk is directed to
forward a copy of this Resolution to the Human Rights Office.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JANUARY 12, 2010
22
COMMITTEE REPORTS
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