AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 9, 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 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 26, 2010 approved on
motion of Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 9, 2010
2
INDEX
ITEM DESCRIPTION PAGE
1. SPECIAL ORDINANCE – FED GRANT - 6
($96,456.00) 2010 CENSUS PROGRAM
2. SPECIAL ORDINANCE – SPECIAL USE 7
PERMIT VERIZON (30 S. BROADWAY)
3. SPECIAL ORDINANCE – CON-ED 8/9
PERMIT FOR CABLE FEEDERS
4. RESO – FED GRANT ($96,456.00) 10
2010 CENSUS PROGRAM
5. RESO – GRANT FROM US GOV’T FOR 11
BANNERS 2010 CENSUS PROGRAM
($2,999.00)
6. RESO – APPOINTMENT OF INSPECTOR 12
GENERAL (DAN SCHORR)
7. RESO – SPECIAL USE PERMIT CON-ED 13
(15 GRASSY SPRAIN RD)
8. RESO – SPECIAL USE PERMIT 594 14/15
A/K/A 600 NEPPERHAN AVE
9. RESO – SETTLEMENT – GOODWIN 16
($1,000.00)
10. RESO – COMMISSIONERS OF DEEDS 17
11. RESO – BANNER – OUR LADY FATIMA 18
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 9, 2010
3
COMMUNICATIONS FROM CITY OFFICIALS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 9, 2010
4
COMMUNICATIONS - GENERALLY
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 9, 2010
5
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 9, 2010
6
SPECIAL ORDINANCE
1. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS GRONOWSKI,
TERRERO, 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
Development Department for a grant from the Department of State, to
cover expenses associated with the promotional outreach and mobilization
of the Census process.
Increase Estimated Revenues
NYS Dept. of State 049-G05-8308-0125 $96,456.00
Increase Appropriation
Planning – Miscellaneous Supplies 049-G05-8308-0313 $25,660.00
Contractual Services 049-G05-8308-0413 70,796.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 9, 2010
7
SPECIAL ORDINANCE
2. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS GRONOWSKI,
TERRERO, SHEPHERD, AND LARKIN
A SPECIAL ORDINANCE GRANTING TO 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.
WHEREAS, Verizon, in a communication forwarded to the City
Engineer, dated November 13, 2009, has made application pursuant to an
ordinance adopted by the Board of Aldermen of the City of Yonkers on
May 31, 1892, to excavate in excess of 100’ and to install a new conduit
and related services at 30 South Broadway; and
WHEREAS, the said Company will required, prior to the
commencement of the work, to insure the restoration of said streets in the
same condition as said streets were in prior to said excavation and
indemnifying and saving harmless the City of Yonkers against loss or
losses, damages, action, or proceedings arising out of said excavation;
NOW, THEREFORE, the City of Yonkers, in City Council
convened, hereby ordains and enacts:
Section 1. Permission is hereby given to Verizon, in accordance
with the terms of an ordinance adopted by the Board of Aldermen of the
City of Yonkers on May 31, 1982, to excavate in excess of 100 linear feet
to install a new conduit and related services at 30 South Broadway.
Section 2. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 9, 2010
8
SPECIAL ORDINANCE
3. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS GRONOWSKI,
TERRERO, SHEPHERD, AND LARKIN
A SPECIAL ORDINANCE GRANTING TO CONSOLIDATED EDISON
COMPANY 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.
WHEREAS, Consolidated Edison Company, in a communication
addressed to the City Engineer, dated November 24, 2009, has made
application pursuant to an ordinance adopted by the Board of Aldermen of
the City of Yonkers on May 31, 1892, to excavate in excess of 100’ and to
install 4 feeders from the Rockview substation and other related services
in Smart Avenue, Wendover Road, Midland Avenue, Fullerton Avenue,
Central Park Avenue South, Central Park Avenue North, Yonkers Avenue
and Hall Place in accordance with Layout Plan #CO2-01666; and
WHEREAS, the said Company will required, prior to the
commencement of the work, to insure the restoration of said streets in the
same condition as said streets were in prior to said excavation and
indemnifying and saving harmless the City of Yonkers against loss or
losses, damages, action, or proceedings arising out of said excavation;
NOW, THEREFORE, the City of Yonkers, in City Council
convened, hereby ordains and enacts:
Section 1. Permission is hereby given to Consolidated Edison
Company, in accordance with the terms of an ordinance adopted by the
Board of Aldermen of the City of Yonkers on May 31, 1982, to excavate in
excess of 100 linear feet to install 4 feeders from the Rockview substation
and other related services in Smart Avenue, Wendover Road, Midland
Avenue, Fullerton Avenue, Central Park Avenue South, Central Park
Avenue North, Yonkers Avenue and Hall Place in accordance with Layout
Plan # CO2-01666.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 9, 2010
9
SPECIAL ORDINANCE (CONTINUED)
Section 2. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 9, 2010
10
RESOLUTION
4. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS GRONOWSKI,
TERRERO, SHEPHERD, AND LARKIN
WHEREAS, the City of Yonkers has been awarded a grant by the
State of New York, as one of 31 municipalities or community groups and
will receive $96, 456.00 which is part of $2,000,000 grant which will assist
the Federal Government in counting every resident of New York in the
upcoming census; and
WHEREAS, these grant monies obtained by the City of Yonkers,
will be used to fund public education, community outreach and other
activities targeted at hard to count and low response rate populations for
promoting awareness of the 2010 census, improving census questionnaire
mail back rate and encouraging cooperation with census takers; and
WHEREAS, the Mayor of the City of Yonkers, or his designee, is
hereby authorized to execute such grant agreement with the State of New
York, in order to provide such funds to the City of Yonkers; and
NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City
of Yonkers is hereby authorized to execute the grant agreement for
$96, 456.00 which is a portion of the $2,000,000 total, from the State of
New York for the use by the City of Yonkers in the upcoming census; and
be it further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 9, 2010
11
RESOLUTION
5. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS GRONOWSKI,
TERRERO, SHEPHERD, AND LARKIN
WHEREAS, the City of Yonkers has been awarded twenty five
signs and two banners for use in the 2010 Census Program by the United
States Government in a Partnership Support Program agreement with the
United States Department of Census, totaling $2,999.00, and at no cost to
the City of Yonkers, in order to assist the Federal Government in counting
every resident of New York in the upcoming census; and
WHEREAS, the signs and banners will be located throughout
southwest and south central Yonkers and are expected to be visible to the
approximately 85,000 people who live in the area and will alert the public
in the target areas as to the existence of the census and the need to fill
out the census forms; and
WHEREAS, the Mayor of the City of Yonkers, or his designee, is
hereby authorized to execute such grant agreement with the United States
Government, in order to provide such signs and banners to the City of
Yonkers; and
NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City
of Yonkers is hereby authorized to execute the grant agreement for
$2, 999.00, from the United States government to be used for signs and
banners to be used by the City of Yonkers in the upcoming census; and
be it further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 9, 2010
12
RESOLUTION
6. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS GRONOWSKI,
TERRERO, SHEPHERD, AND LARKIN
BE IT RESOLVED, that the Yonkers City Council hereby gives its
advice and consent to the appointment of DAN SCHORR as Inspector
General for the City of Yonkers
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 9, 2010
13
RESOLUTION
7. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS GRONOWSKI,
TERRERO, SHEPHERD, AND LARKIN
WHEREAS, CONSOLIDATED EDISON has submitted an
application for a Special Use Permit for property it owns at 15 Grassy
Sprain Road, also known as Block 4001 Lots 1 and 25; and
WHEREAS, that the proposed use is a minor change to the Con
Edison site, as the proposal is to create a turn around area on the Con
Edison substation access road for travelers who inadvertently travel on
this road and have to turn around to exit the site; and
WHEREAS, this minor alteration to the site was acceptable to the
Planning Board on the condition that the applicant investigate the
possibility of landscaping or screening of the area, as there are nearby
homes adjacent to the site;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers, in meeting assembled that that aforementioned
application of CONSOLIDATED EDISON should be approved; and be it
further
RESOLVED, that upon the record and findings of the Planning
Board with respect to the application submitted on behalf of
CONSOLIDATED EDISON (owner) for a Special Use Permit and Site
Plan approval for a turn around area for the road leading to the substation
at Block 4001, Lots 1 and 25, on the property known as 15 Grassy Sprain
Road, pursuant to Article VII, Section 43-73 (N) and Article IX 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, subject to the
conditions set forth in the decision of the Planning Board.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 9, 2010
14
RESOLUTION
8. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS GRONOWSKI,
TERRERO, SHEPHERD, AND LARKIN
WHEREAS, the owner of the property located at 594 aka 600
Nepperhan Avenue, more properly known as Block 2415, Lot 10 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,
including the report from the Planning Bureau, the Traffic Department and
the City Engineer, this City Council believes it to be in the best interest of
the City of Yonkers to grant said application.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers, in meeting assembled, that the proposed 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 for the
operation of a convenience store in conjunction with an automobile service
station at Block 2415, Lot 10 on the Tax Assessment Map of the City of
Yonkers, on the property known as 594 aka 600 Nepperhan Avenue,
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 business must
stop operating at or before 12 midnight and may not open until 6 a.m.
unless the applicant seeks permission to be open for 24 hours; and (3)
Fuel deliveries must be made when the site is closed for business; and (4)
The sign must be 20 feet off the property line, if the applicant cannot prove
the sign is 20 feet off the property line, the applicant must file three revised
plans with the Planning Board showing the sign is 20 feet off the property
line; and (5) Front window signage is limited to no more than 25 percent of
the window area; and (6) The applicant must maintain all of the
landscaping on the site; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 9, 2010
15
RESOLUTION (CONTINUED)
(7) Curbing should be installed around the perimeter of the parking
lot to prevent the car wash water from flowing onto adjacent properties;
and (8) Stormwater or car wash runoff must not flow onto the City’s right of
way. Provisions must be made to prevent water from flowing down the
driveway ramps (9) Overflow from the oil/waste separator must be
connected directly to the sewer at Nepperhan Avenue and not to the
existing catch basin; and (10) Parking area pavement must be re-graded
to drain to proposed and existing drainage systems; and (11) Nepperhan
Avenue is a NYS DOT road and will require street opening permits for all
utility cuts in the roadway, lane closures (i.e. temporary) will require a
permit from the City of Yonkers Engineering Department; and (12) The
ENTER ONLY sign on page A3c should be a minimum 18 inches by 24
inches, preferably 24 inches by 24 inches, the minimum mounting height
of 7 feet is acceptable; and (13) The EXIT sign should be the same size
as the ENTER ONLY sign, its mounting height will be greater than 7 feet
to the bottom of the sign and the 20 foot height indicated is excessive and
must be lowered; and (14)The pavement directly in front of the
convenience store should be hatched out with paint and parking
prohibitions indicated; and (15) All of the conclusions, findings and
conditions of the October 14, 2009, Planning Board Resolution not
otherwise mentioned 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, FEBRUARY 9, 2010
16
RESOLUTION
9. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS GRONOWSKI,
TERRERO, 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 “EAMONN GOODWIN, Plaintiff, (residing at 49 Beverly
Road, Yonkers, New York 10710), against the CITY OF YONKERS,
Defendant”, for property damage arising out of an incident wherein it is
alleged that on August 20, 2009 damage was sustained when a City truck
operated by Anthony Martelli, a City of Yonkers employee assigned to the
Department of Public Works, Environmental Services, backed up into
claimant’s vehicle which was parked in front of the Department of Public
Works Service Center on Nepperhan Avenue in the City of Yonkers, be
and the same hereby is approved and the Comptroller of the City of
Yonkers is directed to draw his warrant in the amount of 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, FEBRUARY 9, 2010
17
RESOLUTION
10. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS GRONOWSKI,
TERRERO, 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 March 31, 2012.
Anthony Leroy Irniss
31 Runyon Avenue
Yonkers, New York 10701
City of Yonkers RENEWAL
Michelle A. Paz
1 Purser Place
Yonkers, New York 10705
Law Firm NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 9, 2010
18
RESOLUTION
11. BY: COUNCILMEMBER JOHN LARKIN, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER
MURTAGH, COUNCILMEMBERS GRONOWSKI, TERRERO AND
SHEPHERD
WHEREAS, Our Lady of Fatima School, located at 963 Scarsdale
Road. in Yonkers will hold its annual Penny Social on Friday, May 7,
2010, and has requested permission from the City Council to place two
banners in the area promoting this event, and
WHEREAS, Our Lady of Fatima School has asked that they be
permitted to place two (2) banners at the location of Central Park Ave. &
Sadore Lane, on the pedestrian over-pass, or where ever convenient in
that same area on Central Park Ave., in early April 2010 and to be
removed as soon after May 7, 2010 as is possible.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to Our Lady of Fatima School to
place two banners in the aforementioned location, subject to any terms
and conditions deemed appropriate by the Administration to protect the
best interests of the City of Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, FEBRUARY 9, 2010
19
COMMITTEE REPORTS
