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
