AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 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 March 9, 2010 approved on motion of
Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 2010
2
INDEX
OLD BUSINESS
ITEM DESCRIPTION PAGE
1. RES - AUTHORIZING YONKERS ECONOMIC 6/7
DLVP CORP TO PROVIDE FINANCIAL ASSISTANCE
TO THE CHARTER SCHOOL OF EXCELLENCE
NEW BUSINESS
2. RES – SETTLEMENT – MAZZEI ($6,426.06) 8
3. RES – HOME RULE – BONDS AND NOTES 9
4. RES – HOME RULE – ELDER LAW AMENDMENT 10/11
5. RES – IMA – YONKERS & WESTCHESTER CTY 12
MUTUAL AID & RAPID RESPONSE
6. RES – SUPPORT OF AMENDMENT TO NYS PENAL 13/14
LAW
7. RES – COMMISSIONERS OF DEEDS 15
8. RES – BANNER – YOUTH INTERACTION THEATRE 16
9. RES – BANNER – YOHO ARTS STUDIO 17
10. RES – BANNER – SACRED HEART HIGH SCHOOL 18
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 2010
3
COMMUNICATIONS FROM CITY OFFICIALS
1. A REQUEST FOR A RECOMMENDATION FROM THE PLANNING
BOARD ON THE PROPOSED DECLARATION OF FENWAY SOUTH A
PUBLIC STREET PURSUANT TO SECTION 29 OF THE GENERAL CITY
LAW. COPIES ON DESKS.
2. FROM THE YONKERS PLANNING BOARD, A SITE PLAN AND
SPECIAL USE PERMIT APPLICATION FOR A PROPOSED GAS
STATION/CONVENIENCE STORE AT BLOCK: 6117 LOT: 9 ON THE
PROPERTY KNOWN AS 487-493 CENTRAL PARK AVENUE
PURSUANT TO ARTICLE IX AND ARTICLE VII SECTION 43-75(A) OF
THE YONKERS ZONING ORDINANCE. COPIES ON DESKS.
3. FROM THE YONKERS PLANNING BOARD, A SITE PLAN AND
SPECIAL USE PERMIT APPLICATION FOR A CONVENIENCE STORE
IN CONJUNCTION WITH AN AUTOMOBILE SERVICE STATION AT
BLOCK: 5530, LOT 650; ON PROPERRTY KNOWN AS 574 TUCKAHOE
ROAD, PURSUANT TO ARTICLE VII SECTION 43-75(A) – SPECIAL
USE PERMITS FOR CONVENIENCE STORE IN CONJUNCTION WITH
AUTOMOBILE SERVICE STATION AND ARTICLE IX OF THE
YONKERS ZONING ORDINANCE. COPIES ON DESKS.
4. FROM THE YONKERS PLANNING BOARD, A SPECIAL USE PERMIT
AND SITE PLAN REVIEW APPLICATION FOR A PROPOSED PLANNED
NEIGHBORHOOD DEVELOPMENT AT BLOCK: 2365 LOTS: 1, 3, 6, 7 &
12 ON THE PROPERTY KNOWN AS 380 SAW MILL RIVER ROAD
PURSUANT TO ARTICLES IX AND ARTICLE VII OF THE YONKERS
ZONING ORDINANCE. COPIES ON DESKS.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 2010
4
COMMUNICATIONS - GENERALLY
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 2010
5
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 2010
6
OLD BUSINESS
RESOLUTION
1. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YONKERS
AUTHORIZING THE YONKERS ECONOMIC DEVELOPMENT
CORPORATION TO PROVIDE FINANCIAL ASSISTANCE TO THE
CHARTER SCHOOL OF EDUCATIONAL EXCELLENCE.
WHEREAS, the City of Yonkers (the “City”) is tasked with the
responsibility and burden to promote the health, safety and general
welfare of the residents of the City by and among other things preventing
unemployment and economic deterioration by increasing and maintaining
employment opportunities and attracting and sustaining economically
sound commerce; and
WHEREAS, in furtherance of its public purposes, the City has
supported the provision of taxable and tax-exempt financing by the City of
Yonkers Industrial Development Agency (the “Agency”) and of certain
other financial incentives to for-profit entities and not-for-profit corporations
to promote the creation and preservation of employment opportunities for
residents of the City and development of economically sound commerce
consistent with the City’s burdens and responsibilities as expressed
above; and
WHEREAS, there are occasions where financial assistance cannot
be provided by the Agency and/or will be delivered in a more cost effective
form through a not for profit corporation recognized by the City; and
WHEREAS, the Yonkers Economic Development Corporation (the
“Corporation”), was formed on May 30, 2007 as a not-for-profit, local
development corporation (“LDC”) pursuant to Section 1411 of the Not-for-
Profit Corporation Law (the “N-PCL”) of the State of New York (the “LDC
Act”) and its Certificate of Incorporation of the Corporation, as filed by the
Department of State May 31, 2007 (the “Certificate of Incorporation”), for
the purposes described in N-PCL Section 1411; and
WHEREAS, The Charter School of Educational Excellence desires
to fund certain additions and improvements to its existing educational
facilities and refinance certain existing indebtedness incurred in
connection therewith (collectively, the “Charter School Project”) through a
bond issuance by the Corporation such that the Charter School Project
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 2010
7
RESOLUTION (CONTINUED)
has access to this form of financial assistance in the most cost effective
manner; and
WHEREAS, to accomplish its job creation and other economic
development responsibilities and relieve the governmental burdens
related to same, and to facilitate the ability of for-profit entities and not-forprofit
corporations to access capital for projects that enhance, create and
preserve employment opportunities for residents of the City, the City
desires to task the
Corporation with such burdens and responsibilities and authorize the
Corporation to issue bonds on behalf of the City for such purposes and to
work cooperatively with the Agency to achieve such public purposes;
provided in no event shall the debts of the corporation be a debt of the
City; and
NOW, THEREFORE, BE IT RESOLVED, that the City hereby
designates the Corporation as an on behalf of issuer of the City for the
purposes of issuing bonds to assist the Charter School Project with the
authority to exercise on the City’s behalf any lawful powers as may be
deemed necessary to accomplish its public purposes including to
enhance, create and preserve employment opportunities for residents of
the City, which such powers shall include, but not be limited to, those
powers described in N-PCL Section 1411 and the Corporation’s Certificate
of Incorporation, with the power to issue tax-exempt and taxable bonds,
notes or other obligations in furtherance of the Corporation’s purposes,
provided however that any obligations issued by the Corporation shall
never be a debt of the State of New York, the City or any political
subdivision thereof and neither the State of New York, the City or any
political subdivision thereof shall be liable thereon; and be it
FURTHER RESOLVED, that these resolutions shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 2010
8
NEW BUSINESS
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
SIX THOUSAND FOUR HUNDRED TWENTY-SIX AND 06/100
DOLLARS ($6,426.06) of the action entitled STATE FARM INS. CO.
A/S/O RICHARD MAZZEI, Plaintiff against City of Yonkers, as Defendant,
for property damage to his vehicle resulting from an alleged fire hose
being used by a Dept. of Public Works employee at the City Recycling
Center at 710 Nepperhan Avenue hereby is approved and the Comptroller
of the City of Yonkers is directed to draw his warrant in the amount of SIX
THOUSAND FOUR HUNDRED TWENTY-SIX AND 06/100 DOLLARS
($6,426.06) in favor of said plaintiff.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 2010
9
RESOLUTION
3. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the authorization for the City of Yonkers to negotiate
the private sale of its bonds and notes is vital to improving the City’s
financial stability and independence, and
WHEREAS, the continuance of this power will allow more costeffective
financing of the City’s debt, and
WHEREAS, the City’s bonding authority will expire on June 30,
2010 unless it is extended one year, and
WHEREAS, Senate Bill No. S.6720 and its companion bill,
Assembly Bill No. A.10060 have been introduced into the New York State
legislature, and
WHEREAS, these bills will permit the private sale of bonds or notes
by the City of Yonkers, subject to the approval of the State Comptroller,
and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the
City of Yonkers hereby declares that the enactment of S.6720 and
A.10060 are in the best interests of the City and is essential to improving
the city’s financial stability and independence, and
BE IT FURTHER RESOLVED, that the City Council 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 bills.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 2010
10
RESOLUTION
4. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the City of Yonkers currently receives allocations of
Federal and State Office of the Aging funds through the County of
Westchester; and
WHEREAS, this arrangement precludes funding for the City of
Yonkers for local planning, coordination and administration to implement
programs under the Older Americans Act; and
WHEREAS, the present policy of designating only counties is
inherently unfair since at least 60% of the State counties have populations
less than the City of Yonkers; in addition, the estimated population of
senior citizens, 42,000, is larger than 55 of the State’s 61 counties other
than New York City; and
WHEREAS, Senator Andrea Stewart Cousins and Assemblyman
Michael Spano, have introduced Senate Bill S. 4288 and Assembly Bill
AO.5451 an act which will amend the Elder Law to allow any city with a
population of one hundred and sixty thousand (160,000) people or more to
be designated as an area agency on aging pursuant to the 1965 Federal
Older American Act; and
WHEREAS, this measure would give cities such as Yonkers, which
is larger than some counties, the ability to receive direct funding for
programs for the aging; and
WHEREAS, since cities such as Yonkers contain a growing
population of senior citizens, this should lead to a much needed significant
increase in funding and available programs for a population with
significant unmet needs.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the
City of Yonkers hereby declares that the enactment of Senate Bill S.4288
and Assembly Bill AO. 5451 to amend the Elder Law is in the best
interests of the City and is essential to improving the City’s financial
stability and independence, and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 2010
11
RESOLUTION (CONTINUED)
BE IT FURTHER RESOLVED, that the City Council 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 bills.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 2010
12
RESOLUTION
5. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
RESOLUTION APPROVING AN INTER-MUNICIPAL AGREEMENT
BETWEEN THE CITY OF YONKERS AND THE COUNTY OF
WESTCHESTER TO FORMALIZE OPERATIONAL PROCEDURES FOR
MUTUAL AID AND RAPID RESPONSE PLAN.
WHEREAS, the County of Westchester and the Police
Departments of the municipalities within Westchester County have
executed a plan by which each member has agreed to make available its
police personnel and equipment to the others upon the occurrence of a
condition which is beyond the scope of its police resources; and
WHEREAS, the provisions of said agreement are governed by
Section 209-m of the General Municipal Law of the State of New York,
which provides that, absent agreement to the contrary, the municipality
receiving police aid (the “Requesting Municipality”) shall reimburse the
municipality providing the aid (the “Assisting Municipality”) for any money
paid by it for police salaries and other expenses incurred by it including
damage to or loss of equipment and supplies; and
WHEREAS, the County of Westchester now desires to have the
City of Yonkers enter into the intermunicipal agreement pertaining to the
Mutual Aid and Rapid Response Plan for the Police Department of
Westchester County;
NOW, THEREFORE, BE IT RESOLVED, that the intermunicipal
agreement between the County of Westchester and the City of Yonkers is
hereby approved; and be it further,
RESOLVED, that this resolution will take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 2010
13
RESOLUTION
6. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, New York State Senator Jeff Klein, who represents
parts of the City of Yonkers, recently introduced Bill S6773 (Klein) and
A9902 (Peralta), which prohibits the possession of a firearm, rifle or
shotgun, outside the home, while impaired or intoxicated by use of alcohol
or drugs; and
WHEREAS, the legislation increases maximum fine for such
offense to $10,000; provides for chemical testing of certain persons for
whom there is reasonable cause to believe are in violation of such
provision; provides for revocation of firearms permit upon conviction or
refusal of a chemical test; and
WHEREAS, the legislation provides specific exemptions for police
officers, peace officers, military and persons who are drunk and carry a
gun within the confines of their own homes; and
WHEREAS, over 30,000 Americans die from gun violence each
year - an average of 35 per day. The mixture of guns, alcohol and/or drugs
is a dangerous combination. This legislation is designed to prevent people
from carrying guns while they are drunk or high, which increases the risk
of intentional violence, accidents, and suicide. The bill sends the clear
message that people who intend to go drinking should leave their guns at
home; and
WHEREAS, according to the National Conference of state
Legislatures (NCSL), at least 20 states prohibit gun possession while
under the influence of drugs and/or alcohol.
WHEREAS, a recent survey conducted by David Randolph Smith
Law Firm further revealed that 24 states expressly prohibit carrying loaded
guns in establishments that serve alcohol. While New York State law
prohibits the carrying of firearms on education grounds and school buses,
it currently does not have a gun statute that directly relates to the
consumption of drugs and/or alcohol; and
WHEREAS, while New York State law prohibits the carrying of
firearms on education grounds and school buses, there is no statute that
currently relates to the consumption of alcohol; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 2010
14
RESOLUTION (CONTINUED)
WHEREAS, this legislation recognizes that, while the mere
presence of permitted guns in bars may not be harmful, these guns may
become harmful by the intervention and acts of other persons and
patrons, whether they are intentional or not; and
WHEREAS, the City of Yonkers consistently fights the proliferation
of illegal gun possession; and
NOW THEREFORE, BE IT RESOLVED, that the City Council of
Yonkers, fully supports Bill S6773 (Klein) and A9902 (Peralta); and
BE IT RESOLVED, that the City Council of the City of Yonkers calls
upon the State Legislature and Governor to pass Bill S6773 (Klein) and
A9902 (Peralta) as soon as possible to help protect the people of the City
of Yonkers and all of New York State.
BE IT RESOLVED, that the City Council instructs the City Clerk to
immediately deliver this resolution to the Governor and the state
legislator’s that represent the City of Yonkers.
BE IT RESOLVED, that this Resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 2010
15
RESOLUTION
7. 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 May 31, 2012.
Wendy Connolly
165 Bolmer Avenue
Yonkers, New York 10704
Board of Ed RENEWAL
Yesenia Almodovar
51 Garfield Street
Yonkers, New York 10701
Fence Company NEW
Lameyci Ayanna Madison
9 Lake Avenue
Yonkers, New York 10703
Julia Dyckman Andrus NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 2010
16
RESOLUTION
8. BY: MAJORITY LEADER McDOW, COUNCIL PRESIDENT LESNICK,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the Youth Interaction Theatre (YTI), will be holding
"Broadway Comes to Yonkers." It will be held on Monday, April 26, 2010,
at the Riverfront Library, One Larkin Center, at 7:00 pm. and
WHEREAS, YTI has requested permission from the City Council to
have their banners displayed to promote this event as soon as possible
until the day of the event in the following locations:
· New Main Street, at the intersection of New Main Street and
Riverdale Avenue
· Banner on North Broadway, at the intersection/overpass of Roberts
Road.
OR
· New Main Street, at the intersection of New Main Street and
Riverdale Avenue
· Central Park Avenue, at the intersection/overpass of Yonkers
Avenue
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to YTI to place two banners in
the aforementioned locations, subject to any terms and conditions deemed
appropriate by the Administration to protect the best interests of the City of
Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 2010
17
RESOLUTION
9. BY: COUNCILMEMBER GRONOWSKI, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER
MURTAGH, COUNCILMEMBERS TERRERO, SHEPHERD AND
LARKIN;
WHEREAS, Yoho Arts Studios, located at the Nepperhan Business
Center, 540 – 578 Nepperhan Avenue in Yonkers, has an up coming
event called YOHO ARTISTS OPEN STUDIO April 17th and 18th 2010.
Yoho Arts Studios has asked that they be permitted from the City Council
to place banners in areas promoting this event, and
WHEREAS, Yoho Arts Studios has asked that they be permitted to
place three (3) banners at the following locations on or before April 1,
2010 and to be removed as soon after April 19, 2010 as is possible:
1. City Hall Bridge
2. Central Park Avenue & Yonkers Avenue Bridge
3. Central Park Avenue & Tuckahoe Avenue Bridge
NOW, THEREFORE BE IT RESOLVED that the City Council of the
City of Yonkers hereby grants permission to Yoho Arts Studios to place
three banners in the aforementioned locations, subject to any terms and
conditions deemed appropriate by the Administration to protect the best
interests of the City of Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MARCH 23, 2010
18
RESOLUTION
10. BY: COUNCILMEMBER GRONOWSKI, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER
MURTAGH, COUNCILMEMBERS TERRERO, SHEPHERD AND
LARKIN;
WHEREAS, Sacred Heart High School has an up coming
production called “Guys and Dolls” April 23rd, 24th and 25th 2010. Sacred
Heart High School has requested permission from the City Council to
place a banner in an area promoting this event, and
WHEREAS, Sacred Heart High School has asked that they be
permitted to place one (1) banner on the corner of North Broadway and
Gateway Road on or before April 2, 2010 and to be removed as soon after
April 26, 2010 as is possible.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to Sacred Heart High School to
place one banner 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, MARCH 23, 2010
19
COMMITTEE REPORTS
