Board of Contract and Supply (BOCS) Monthly Meeting,4/28/2010 10:30 AM

Board of Contract and Supply (BOCS)
Monthly Meeting
4/28/2010 10:30 AM - 11:00 AM
Mayor's Reception Room
City Hall, 40 South Broadway
Yonkers, New York 10701

CITY COUNCIL CITY OF YONKERS MEETING TUESDAY, APRIL 27, 2010 8:00 P.M.

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 27, 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 April 13, 2010 on approved on motion of
Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 27, 2010
2
INDEX
ITEM DESCRIPTION PAGE
1. RES – SPECIAL USE PERMIT- 574 TUCKAHOE RD 6/7
2. RES – SETTLEMENT – MORAN ($1,500.00) 8
3. RES – COMMISSIONERS OF DEEDS 9
4. RES – PUBLIC HEARING REQUEST-HONORARY 10/11
STREET RENAMING PFC. GEORGE LATHAN
5. RES – BANNER – ST MARY’S ORTHODOX 12
CHURCH
6. RES – BANNER – BRAHMA KUMARIS 13
7. RES – BANNER – ST. JOHN THE BAPTIST 14
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 27, 2010
3
COMMUNICATIONS FROM CITY OFFICIALS
1. FROM PLANNING BOARD CHAIRMAN ROMAN KOZICKY; A LETTER
DATED APRIL 15, 2010 REGARDING A RESOLUTION FORWARDING
AN UNFAVORABLE RECOMMENDATION TO THE COUNCIL RELATIVE
TO THE PROPOSED AMENDMENT TO THE YONKERS ZONING
ORDINANCE CREATING A NEW HISTORIC OVERLAY ZONE.
COPIES ON DESKS
2. FROM THE YONKERS PLANNING BOARD DATED APRIL 15, 2010
REGARDING; GREYSTON WORK FORCE HOUSING. THE PLANNING
BOARD ISSUES THIS NOTICE FOR THE PURPOSE OF DETERMINING
LEAD AGENCY PURSUANT TO THE REQUIREMENTS OF THE STATE
ENVIRONMENTAL REVIEW ACT (SEQRA)
COPIES ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 27, 2010
4
COMMUNICATIONS - GENERALLY
1. FROM THE TOWN BOARD OF THE TOWN OF GREENBURGH;
NOTICE OF A PUBLIC HEARING AT GREENBURGH TOWN HALL, 177
HILLSIDE AVENUE, GREENBURGH, NEW YORK, 10607 ON
WEDNESDAY, APRIL 28, 2010 AT 8:30 P.M. REGARDING; AMENDED
SITE PLAN AND TREE REMOVAL PERMIT FOR HACKLEY SCHOOL,
LOCATED AT 293 BENEDICT AVENUE, TARRYTOWN , NY.
COPIES ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 27, 2010
6
RESOLUTION
1. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the owner of the property located at 574 Tuckahoe Road,
more properly known as Block 5530, Lot 650 on the Tax Assessment Map of the
City of Yonkers has submitted an application for a 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 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 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 submitted by MOTIVA ENTERPRISES INC., as
the property owner, for a Site Plan Review and Special Use Permit, for the
operation of a convenience store in conjunction with an automobile service
station at Block 5530, Lot 650 on the Tax Assessment Map of the City of
Yonkers, on the property known as 574 Tuckahoe Road, Yonkers, New York,
pursuant to Article VII 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, and this approval is subject to the conditions set forth in the decision
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, including
the resolution relating to the site plan and special use permit, shall remain in full
force and effect as long as the site remains occupied; and (2) No signage shall
be permitted on this site that has not been expressly approved by the Planning
Board as part of the site plan approval, and signage required by law is exempt
from this condition; and (3) Outdoor merchandise display racks in the front of the
convenience store shall be prohibited; and (4) All operations of the convenience
store and gas station shall be closed between the hours of midnight and 6:00
A.M.. All of the conclusions, findings and conditions of the March 4, 2010,
Planning Board resolution are hereby referenced to and made a part hereof; and
be it further
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 27, 2010
7
RESOLUTION (CONTINUED)
RESOLVED, that this Resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 27, 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 THOUASAND FIVE HUNDRED AND 00/100 DOLLARS ($1,500.00)
of the action entitled, "Matter of Ramon Moran, residing at 601 Pelham
Parkway North Apt. 509 Bronx, NY 10467, claimant, against THE CITY
OF YONKERS, respondent", for property damage arising out of an alleged
accident alleging that the claimant’s vehicle was legally parked and
unoccupied on Kent Road when it was backed into by Anthony Martelli, a
Sanitation Employee, who was collecting garbage on January 6, 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 FIVE HUNDRED DOLLARS AND 00/100 CENTS
($1,500.00) in favor of said claimant Ramon Moran.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 27, 2010
9
RESOLUTION
3. 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.
Vincent E. Spano
510 Midland Avenue 2C
Yonkers, New York 10704
Deputy Clerk RENEWAL
Richard Marmolejos
55 Bennett Avenue
Yonkers, New York 10701
Council President’s Office RENEWAL
Renee Marjieh
1 Gail Road
Yonkers, New York 10710
RENEWAL
Lawrence Scerno
57 Saratoga Avenue
Yonkers, New York 10705
Retired RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 27, 2010
10
RESOLUTION
4. BY: MAJORITY LEADER McDOW, COUNCIL PRESIDENT LESNICK,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
Whereas, many Yonkers Residents enlisted in the Armed Forces
and have fought in many wars not only defend our country but also our
allies, and
Whereas, George Lathan was born November 8, 1949 and resided
in the City of Yonkers, New York at 28 Lamartine Terrace. He was an
active baptized member of Messiah Baptist Church and graduated from
the High School of Commerce in 1967 where he was active in basketball,
baseball and football, and
Whereas, after graduation, George Lathan immediately enlisted in
the United States Army, and
Whereas, Private First Class George Lathan was sent to Saigon,
Vietnam. He was a member of Company A 2nd Battalion (101st
Airbourne) 327 Infantry and was mortally wounded on Sunday, April 28,
1968 in Phu Bai, Republic of Vietnam, and
Whereas, Pfc. Lathan’s mother, Mrs. Rosemyer Lathan received
the Bronze Star and the Purple Heart posthumously, and
Whereas, the awards for bravery were for this heroism in ground
combat against a hostile force in the Republic of Vietnam. Pfc. George
Lathan dfistinguished himself while on a combat operation near Phu fBai,
Republic of Vietnam, and
Whereas, Pfc. Lathan’s Platoon was under attack by an
undetermined size enemy force. He suffered a wound from an enemy
grenade in the initial firing, but Pfc. Lathan continued to fire and
maneuver, enabling the elements of his platoon to gain fire superiority.
Disregarding his own safety, Pfc. George Lathan exposed himself to the
hostile fire, personally killing the sniper and succeeded in routing two
others and as he maneuvered to another firing position he was mortally
wounded by enemy fire. His actions contributed greatly to the successful
routing of the enemy by his platoon, and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 27, 2010
11
RESOLUTION (CONTINUED)
Whereas, Pfc. George Lathan’s personal bravery and devotion to
duty were in keeping with the highest tradition of the military service and
reflect great credit upon himself; his unit; his community; City of Yonkers;
Westchester County; State of New York ; the United States and the United
States Army, and
Whereas, Pfc. George Lathan was the 21st Yonkers resident to be
killed in the Republic of Vietnam, as a result of his longtime Yonkers
residence; bravery and unselfish act to defend his platoon and country,
the family of Pfc. George Lathan is requesting that Lamartine Avenue and
Lamartine Terrace be honorably named “Pfc. George Lathan” and that
there is a Honorary Street Naming Ceremony, and
Whereas, at least 50 percent of the number of residents according
to the City Assessor’s Records adjoining the street(s) or portion of the
street(s) proposed for such honorary naming have signed the required
petition, and
Whereas, Council Rules of April 2010 require a public hearing take
place for such a request, and
Now, therefore be it resolved, that the City Council of Yonkers
hereby directs the City Clerk to set a public hearing date for the
consideration of a honarary street renaming for the late Pfc. George
Lathan.
Be it further resolved, that barring any unforeseen circumstance, a
honorary street renaming ceremony may thereafter be scheduled.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 27, 2010
12
RESOLUTION
5. BY: MAJORITY LEADER McDOW, COUNCIL PRESIDENT LESNICK,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, St. Mary’s Orthodox Church, located at 485 North
Broadway in Yonkers will be holding its Annual Spring Flea Market on
Saturday, June 12th, 2010 and has requested permission from the City
Council to display their banner in a specific area promoting this event
starting Thursday, May 17th, 2010 and can be removed after the event,
and
WHEREAS, St. Mary’s Orthodox Church requested that they be
permitted to place one banner in the following locations:
1st Choice
*Banner on Nepperhan Avenue and Odell Avenue
2nd Choice
*Banner at Saw Mill River Road at the Intersection of Lockwood
Avenue (before St. Bart’s)
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to St. Mary’s Orthodox Church
to place a banner 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, APRIL 27, 2010
13
RESOLUTION
6. BY: MAJORITY LEADER McDOW, COUNCIL PRESIDENT LESNICK,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, Brahma Kumaris World Spiritual University will hold its
“Spiritual Celebration of Human Greatness” Community Festival on
Saturday, May 22, 2010, at the JFK Marina, and
WHEREAS, Brahma Kumaris has requested permission from the
City Council to have their banner displayed to promote this event as soon
as possible but no later than May 8, 2010 and remove the banner on May
23, 2010, the day after the event in the following locations:
*The corner of North Broadway and Gateway Road
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to Brahma Kumaris to place one
banner 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, APRIL 27, 2010
14
RESOLUTION
7. BY: COUNCILMEMBER SHEPHERD, COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH,
COUNCILMEMBERS TERRERO, GRONOWSKI, AND LARKIN;
WHEREAS, St. John the Baptist Church, located at 670 Yonkers
Avenue in Yonkers will be holding it's Annual Carnival, Friday , June 4th ,
2010, and has requested permission from the City Council to place two
banners in the area promoting this event, and
WHEREAS, St. John the Baptist Church has asked that they be
permitted to place three banners: (1) banner on the Mclean Avenue bridge
over Central Park Avenue and (2) Sadore Lane bridge ( at Central Park
Avenue) Southbound and Northbound or other appropriate location, on or
around May 11th, 2010 and to be removed as soon after June 4th, 2010
as is possible.
NOW, THEREFORE BE IT RESOLVED, the City Council of the
City of Yonkers hereby grants permission to St. John the Baptist Church 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.

Budget Hearing 2011 Budget on Tuesday, April 27th at 4:00 pm

Please be advised there will be a Budget Hearing for the Fiscal Year 2011 Budget on Tuesday, April 27th at 4:00 pm in the Council Chambers, 4th Floor, City Hall.

Discussion will be on the following items:

Human Resources:

* MIS
* Civil Services
* Personnel

We are also requesting that this and all Budget Hearings be televised.

Real Estate Committee Meeting Tuesday, April 27, 2010 at 5:30 PM

Please be advised that a Real Estate Committee Meeting has been scheduled for Tuesday, April 27, 2010 at 5:30 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. Presentation from Stew Leonard on new LED sign for Yonkers store.

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.

Thank you,

Education Committee Meeting on Tuesday, April 27, 2010 at 6:30 p.m.

The following item(s) will be on the Agenda:

1. YCPTA and Parents of Yonkers Public School students want to voice their concerns in regards to the Budget Cuts.

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,

On Earth Day Do Something Green For the Planet

http://www.earthday.org/

Forest City Ratner Sought to Silence Free Speech in Brooklyn Case

THE NEW YORK TIMES
http://www.nytimes.com/2010/04/22/nyregion/22yards.html?ref=todayspaper

THE DAILY NEWS
http://www.nydailynews.com/real_estate/2010/04/21/2010-04-21_last_atlantic_yards_holdout_daniel_goldstein_folds_makes_3m_deal_with_ratner_to_.html

STATEMENT FROM DANIEL GOLDSTEIN
http://www.dddb.net/php/latestnews_Linked.php?id=2712

RULES COMMITEE MEETING, 4/20/2010 6:30 PM

RULES COMMITEE
4/20/2010 6:30 PM
YONKERS CITY HALL
40 SOUTH BROADWAY
YONKERS, New York 10701

NO AGENDA AVAILABLE AT TIME OF POSTING

Budget and Finance Committee Meeting, April 21, 2010 at 4:00 PM

Please be advised that a Budget and Finance Committee meeting has been scheduled for Wednesday, April 21, 2010 at 4:00 PM, in the Council Chambers, Yonkers City Hall, 4th Floor.

The following items will be on the Agenda:

1. Briefing by the Administration and the Board of Education on the methodology used to arrive at the proposed budgets and the impact on each department.

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.

Zoning Board of Appeals Meeting 4/20/2010 6:00 PM

Zoning Board of Appeals
4/20/2010 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, APRIL 20, 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:

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

# 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”.

# 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”.

# 5203 – Area Variance Luis Saiz, Jr., Architect on behalf of 1740 Central Avenue LLC (owner), on premises known as 1 Plymouth Avenue, Block: 4612 Lot: 26, Zone: “BR”.

# 5204 - Area Variance – Andrew Romano, Esq. on behalf of Arthur Papataros (owner), on premises known as 10 Lanark Road, Block: 236 Lot: 1, Zone: “S-50”.

# 5206 – Improvement to a Non-Conforming Use - James Veneruso, Esq. on behalf of Emile Bachmann, Trust under will of, (owner), on premises known as 792 McLean Avenue, Block: 6223 Lot: 48, Zone: “BR”.

# 5207 – Use & Area Variance – Andrew Romano, esq. on behalf of Moundir Salakie (owner), on premises known as 153 Warburton Avenue, Block: 2099 Lot: 14, Zone: “CM”.

# 5211 – Area Variance – John-Michael De Gennaro of Primo Properties, LTD (owner), on premises known as 760 Warburton Avenue, Block: 3002 Lot: 25, Zone: “M”.

# 5212 – Use & Area Variance – Louis M. Spizzirro, Esq. on behalf of Vito Bevilacqua (owner), on premises known as 37 Orchard Street, Block: 2079 Lot: 6, Zone: “A”.

# 5213 – Area Variance – Wally Sinclair on behalf of Jorge Lojano (owner), on premises known as 63 Vineyard Avenue, Block: 2086 Lot: 41, Zone: “M”.

# 5215 – Improvement to a Non-Conforming Use – Andrew Romano, Esq. on behalf of Sineal Whelan (owner), on premises known as 28 South DeVoe Avenue, Block: 6004 Lot: 48, Zone: “T”.

# 5216 – Area Variance – Andrew Romano, Esq. on behalf of Mohamad Quyyum (owner), on premises known as 251 McLean Avenue, Block: 48, Lot: 9, Zone: “BR”.

NEW HEARINGS:

# 5218 – Area Variance – Andrew Romano, Esq. on behalf of Franco Milio (owner), to reconstruct an existing retaining wall. Whereas, fences and walls, including walls must not exceed 4 feet in height in a required front yard setback or in any other required yard setback abutting a street and 6 feet in height within any other required yard setback, as per Section 43-41.D.3.a. Proposed wall is 11 feet high, variance required, on premises known as 263 Palisade Avenue, Block: 2091 Lot: 15, Zone: “MG”.

# 5219 – Area Variance – Andrew Romano, Esq. on behalf of Rui Jorge (owner), to construct a new 2-family dwelling. Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 2 ½ story; proposed 3 stories (basement considered a story per G.O. 7-2009)). Insufficient rear yard, as per Section 43-27, Table 43-3, Section 43-33L (required 20.0’; proposed 18.75’+/-). Insufficient front yard, as per Section 43-27, Table 43-3, Section 43-33J (2) (required 29.49’+/- (average alignment); proposed 26.58’+/-). Proposed structure encroaches within the minimum required side setback plane on both sides per G.O.#7-2009H(a) Section 43-34H (a) – Variance required, on premises known as 1323 Nepperhan Avenue, Block: 3378 Lot 6, Zone: “T”.

# 5220 – Area Variance – Mitchell Koch, Architect on behalf of Robert Kruger (owner), addition & alteration on 1st floor to extend bedrooms, renovate bathroom for handicap accessibility. Having insufficient front yard, as per Section 43-27, Table 43-3 (required 16.7; proposed 12.75), on premises known as 166 Gailmore Drive, Block: 4462 Lot: 1, Zone: “S-60”.

# 5221 – Area Variance – Walter T. Gorman, PE, PC on behalf of Motiva Enterprises LLC (lessee), & Shell Service Station (owner), to legalize a convenience store in a gasoline service station. Having insufficient parking, as per Section 43-128 & Table 4 (required 13 spaces; proposed 12). Note: two (2) spaces do not comply dimensionally. Parking within 10’ of building is not permitted as per Section 43-44.B.5) (Space #11). Parking is not permitted within the minimum front yard setback (10’ for the “B” Zone) (Space #12), on premises known as 145 aka 143 Bronx River Road, Block: 6251 Lot: 13-15, Zone: “B”.

# 5222 – Area Variance – James J. Veneruso, Esq. on behalf of Sunnybrook Gardens Owner, Inc. (owner), to construct a waste storage structure. Having insufficient side-front yard, as per Section 43-27, Table 43-3 (required 25.0’; proposed 6” +/- scaled), on premises known as 68 Durham Road, Block: 6392 Lot: 53, Zone: “MG”.

# 5223 – Improvement to a Non-Conforming Use – Andrew J. Balint, Esq. on behalf of Miroslav Kuzmiak (owner), to construct a sunroom addition in the rear of an existing 2-family semi-attached dwelling. Whereas, the improvement to a non-conforming use requires Zoning Board of Appeals approval, as per Section 43-21.G.). Reconstruction of structure used by a non-conforming use, as per Section 43-21E, requires Zoning Board of Appeals approval, on premises known as 132 Frederick Street, block: 2435 Lot: 27, Zone: “M”.

# 5224 – Area Variance – James J. Veneruso, Esq. on behalf of Smith-Cairns Ford, Inc. (owner), for an addition & modification to auto sales facility. Whereas, parking of display vehicles not permitted within minimum front yard as per Section 43-38C (3). And exceeds maximum number of ground/pole signs permitted on site (3 permitted; 4 proposed) per Sign Ordinance Section 47-7A(8),on premises known as 900 Central Park Avenue aka 10 Schaefer Avenue, Block: 5111 Lot: 1, Zone: “OL”.

# 5225 - Relocation of a Non-Conforming Use – Alfred B. DelBello, Esq. on behalf of Brooks Shopping Centers, LLC (owner), to relocate a legal non-conforming use from a building intended to be demolished into a new building on the same property. Whereas, an existing non-conforming use is not permitted to be moved in whole or in part to any other portion of the lot or parcel of land per Section 43-21B(1), approval of Zoning Board of Appeals is required, on premises known as 808 Central Park Avenue, Block: 5170 Lot: 40, Zone: “BR”.

PUBLIC MEETING on THE REZONING OF DOWNTOWN YONKERS, Wednesday, April 21, 2010, 6:00 PM

The City of Yonkers
Department of Planning and Development,
& Urban Design Associates,
Invites YOU to
SHARE YOUR IDEAS in a PUBLIC MEETING on
THE REZONING OF DOWNTOWN YONKERS
Wednesday, April 21, 2010 6:00 PM
Riverfront Library
(Auditorium)
1 Larkin Plaza
Yonkers, New York
If

Kennedy Green House Article

http://www.lohud.com/apps/pbcs.dll/article?AID=20104070347

To learn more go to:
http://www.kennedygreenhouse.com/

Planning Board Meeting 4/14/2010 5:30 PM

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 THURSDAY, APRIL 14,
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 PLANNING BOARD MEETING HELD ON MARCH 4, 2010
OLD BUSINESS:
SITE PLAN 2. SITE PLAN REVIEW FOR A PROPOSED AMENDMENT TO
REVIEW THE PREVIOUSLY APPROVED APPLICATION AT BLOCK: 4852 LOTS: 1, 15 & 23 ON THE PROPERTY KNOWN AS 2290 CENTRAL PARK AVENUE [NATHANS]
PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE

JANET GIRIS, REPRESENTATIVES FOR THE PROPOSAL
A. SEQRA: TYPE I ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW

ZONING 3. 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 4. 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 5. SITE PLAN REVIEW FOR A PROPOSED MULTIFAMILY
REVIEW DWELLING AT BLOCK: 2159 LOT: 47 ON THE PROPERTY KNOWN AS 385 PALISADE AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE

MIGUEL SOSTRE, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW

SITE PLAN 6. SITE PLAN REVIEW FOR A PROPOSED CVS PHARMACY
REVIEW AT BLOCK: 502 LOTS: 40 ON THE PROPERTY KNOWN AS 25 PROSPECT STREET PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE

SHANNON RUTHERFORD, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW

SITE PLAN 7. SITE PLAN REVIEW FOR A PROPOSED EXPANSION OF
REVIEW THE EXISTING CHARTER SCHOOL FOR EDUCATIONAL EXCELLENCE AT BLOCK: 2106 LOTS: 46 & 42 ON THE PROPERTY KNOWN AS 260 WARBURTON AVENUE
PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE

RAINER SCHROM & CARLO SCHIATTARELLA, REPRESENTATIVES FOR THE PROPOSAL
A. SEQRA: TYPE I ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW





ZONING 8. REFERRAL FROM THE YONKERS CITY COUNCIL
ORDINANCE AMENDING TABLE 43-1 (SCHEDULE OF USE
AMENDMENT REGULATIONS AND SCHEDULE OF ACCESSORY USE REGULATIONS) AND TABLE 43-2 (LIST OF USE REGULATIONS BY DISTRICT) OF YONKERS ZONING
ORDINANCE TO PERMIT APARTMENTS IN
THE EXISTING DOWNTOWN (CB, DW, GC) ZONES

A. SEQRA: TO BE DETERMINED
LEAD AGENCY: CITY COUNCIL
B. RECOMMENDATION TO THE CITY COUNCIL
NEW BUSINESS:
SITE PLAN 9. SITE PLAN REVIEW FOR A PROPOSED CONTRACTOR
REVIEW YARD AT BLOCK: 2077 LOT: 13 ON THE PROPERTY KNOWN AS 15 MYRTLE STREET PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE

STEVEN COSTA, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW

SITE PLAN 10. SITE PLAN REVIEW FOR A PROPOSED PAVED AREA
REVIEW AND GARDEN WALL AT BLOCK: 2157 LOT: 28 ON THE PROPERTY KNOWN AS 115 PARK AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE

THOMAS J. CURRO, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW

SITE PLAN 11. SITE PLAN REVIEW FOR A PROPOSED BACKUP
REVIEW GENERATOR AND UPGRADE TO EXITING WIRELESS EQUIPMENT AT BLOCK: 5247 LOT: 300 ON THE PROPERTY KNOWN AS 1346-1348 MIDLAND AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE

SNYDER & SNYDER, REPRESENTATIVES FOR THE PROPOSAL
A. SEQRA: UNLISTED
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW



SITE PLAN 12. SITE PLAN REVIEW FOR PROPOSED EXTERIOR
REVIEW IMPROVEMENTS AT BLOCK: 505 LOT: 200 ON THE PROPERTY KNOWN AS 30 HAWTHORNE AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE

BRYON YODER, REPRESENTATIVES FOR THE PROPOSAL
A. SEQRA: UNLISTED
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW

SPECIAL USE 13. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED 105 UNIT LIVE WORK BUILDING AT
PLAN REVIEW BLOCK: 2017 LOTS: 3, 5-8 & 21-24 ON THE
PUBLIC HEARING PROPERTY KNOWN AS 49 NORTH BROADWAY, 44-56 WARBURTON AVENUE & 6-8 WELLS AVENUE PURSUANT TO ARTICLES 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: TBD
C. PLANNING BOARD REVIEW

SPECIAL USE 14. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED GUARD HOUSE AT BLOCK: 8002 LOT: 1 ON
PLAN REVIEW THE PROPERTY KNOWN AS 100 CENTRAL PARK
PUBLIC HEARING AVENUE [HILLVIEW RESERVOIR] PURSUANT TO ARTICLES IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.

CHRISTINE HOLMES & RICHARD ZUNINO, REPRESENTATIVES FOR THE PROPOSAL
A. PUBLIC HEARING
B. SEQRA: UNLISTED
LEAD AGENCY: PLANNING BOARD
C. PLANNING BOARD REVIEW









SPECIAL USE 15. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED DELUGE HOUSE AND RELATED SUPPLY
PLAN REVIEW PIPING HOUSE AT BLOCK: 4001 LOT: 150 ON THE
PUBLIC HEARING PROPERTY KNOWN AS 15 GRASSY SPRAIN ROAD [CON ED] PURSUANT TO ARTICLES IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.

ALLAN DORANS, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING
B. SEQRA: UNLISTED
LEAD AGENCY: PLANNING BOARD
C. PLANNING BOARD REVIEW

SPECIAL USE 16. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE PROPOSED DELUGE HOUSES AND RELATED SUPPLY
PLAN REVIEW PIPING HOUSE AT BLOCK: 5000 LOT: 1 ON THE
PUBLIC HEARING PROPERTY KNOWN AS 590 PALMER ROAD [CON ED] PURSUANT TO ARTICLES IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.

ALLAN DORANS, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING
B. SEQRA: UNLISTED
LEAD AGENCY: PLANNING BOARD
C. PLANNING BOARD REVIEW

SPECIAL USE 17. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED EXTENSION TO THE EXISTING BATTERY
PLAN REVIEW ROOM AT BLOCK: 5000 LOT: 1 ON THE PROPERTY
PUBLIC HEARING KNOWN AS 590 PALMER ROAD [CON ED] PURSUANT TO ARTICLES IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.

ALLAN DORANS, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING
B. SEQRA: UNLISTED
LEAD AGENCY: PLANNING BOARD
C. PLANNING BOARD REVIEW

PRELIMINARY 18. PRELIMINARY SITE PLAN REVIEW FOR A PROPOSED
SITE PLAN TRASH ENCLOSURE AT BLOCK: 5392 LOT: 53 ON THE
REVIEW PROPERTY KNOWN AS 68 DURHAM ROAD PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE.

JAMES VENERUSO, REPRESENTATIVE FOR THE PROPOSAL


PRELIMINARY 19. PRELIMINARY SITE PLAN REVIEW FOR PROPOSED
SITE PLAN EXTERIOR IMPROVEMENTS AT BLOCK: 5111 LOT: 1
REVIEW ON THE PROPERTY KNOWN AS 900 CENTRAL PARK AVENUE AKA 10 SCHAEFER AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE.

JAMES VENERUSO, REPRESENTATIVE FOR THE PROPOSAL

OTHER
BUSINESS 20. COMMUNICATIONS
21. SCHEDULE WORK SESSIONS AS NECESSARY

PENDING APPLICATIONS:
- TEUTONIA BUENA VISTA PROJECT- 92 MAIN STREET, 41-65 & 66-72 BUENA VISTA AVENUE- HOLD FOR DEIS
- TUCKAHOE MOTOR INN- 323 AKA 307 TUCKAHOE ROAD- POSTPONED AT APPLICANTS REQUEST

Real Estate Committee Meeting, Tuesday, April 13, 2010 at 5:30 PM

Please be advised that a Real Estate Committee Meeting has been scheduled for Tuesday, April 13, 2010 at 5:30 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. Resolution - Special Use Permit – 574 Tuckahoe Road – to allow for the operation of a convenience store in conjunction with an automobile service station.

3. Resolution – Special Use Permit – 487-493 Central Park Avenue – to allow for the operation of a convenience store in conjunction with an automobile service station.
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.

CITY COUNCIL OF THE CITY OF YONKERS MEETING TUESDAY, APRIL 13, 2010, 8:00 P.M.

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 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 23, 2010 approved on motion of
Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
2
INDEX
ITEM DESCRIPTION PAGE
1. LOCAL LAW - CODE AMENDMENT 6/11
BLDG/HOUSING
2. LOCAL LAW – CODE AMENDMENT 12/20
“PUBLIC NUISANCE LAW”
3. GENERAL ORDINANCE – CODE AMENDMENT 21/22
“DEFINITIONS AND USES”
4. GENERAL ORDINANCE – CODE AMENDMENT 23/24
“LAYING OF GAS MAINS & CONDUITS”
5. GENERAL ORDINANCE – CONSUMER 25/30
PROTECTION CODE
6. SPECIAL ORDINANCE – CON ED 31
BELMONT PLACE – CONDUIT
7. SPECIAL ORDINANCE – CON ED 32
RUGBY ROAD
8. RES – APPOINTMENT OF MARK BLANCHARD 33/34
AS CORP COUNSEL
9. RES – APPOINTMENT OF ED DUNPHY AS 35/36
DEP. CORP COUNSEL
10. RES – GRANT – RESTORE NEW YORK 37/38
11. RES – SETTLEMENT – GOMEZ ($15,000.00) 39
12. RES – COMMISSIONERS OF DEEDS 40
13. RES – BANNER – CHRIST THE KING 41
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
3
COMMUNICATIONS FROM CITY OFFICIALS
FROM THE OFFICE OF MAYOR AMICONE; A LETTER DATED MARCH
25, 2010, REGARDING APPOINTMENT OF JULIUS WALLS AS A
MEMBER OF THE BOARD OF THE YONKERS COMMUNITY
DEVELOPMENT AGENCY FOR THE FOUR YEAR TERM THAT BEGAN
JANUARY 1, 2010 AND ENDS DECEMBER 31, 2013
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
4
COMMUNICATIONS - GENERALLY
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
5
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
6
LOCAL LAW
1. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A LOCAL LAW AMENDING CHAPTER 58 OF THE CODE OF THE CITY
OF YONKERS ENTITLED “BUILDING AND HOUSING CODE” BY
ADDING A NEW ARTICLE VIII ENTITLED “VACANT BUILDING
REGISTRY”
Be it enacted by the City Council of the City of Yonkers, as
follows:
Section 1. Chapter 58 of the Code of the City of Yonkers
entitled “Housing and Building Maintenance Code” and is
hereby amended, in part by adding thereto a new Article VIII
entitled “Vacant building registry.” to read as follows:
ARTICLE VIII
VACANT BUILDING REGISTRY
§58 – 32. Legislative findings.
It is the finding of this City Council that buildings which
remain vacant, with access points boarded over, are unsightly,
unsafe and have a negative effect on their surroundings. This is
particularly troublesome in all neighborhoods. Unfortunately,
many buildings, once boarded, remain that way for many years.
The purpose behind this law is to establish a program for
identifying and registering vacant buildings; to determine the
responsibilities of owners of vacant buildings and structures;
and to speed the rehabilitation of the vacant properties. It is the
further intent of this City Council that condominiums are exempt
from coverage of this legislation.
§58 – 33. Definitions.
Unless otherwise expressly stated, the following terms
shall, for the purpose this law, have the meanings indicated:
Commissioner - The Commissioner of the Department of
Housing and Buildings.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
7
LOCAL LAW (CONTINUED)
ENFORCEMENT OFFICER – A duly authorized representative
of the Department of Housing and Buildings, the Police
Department and the Fire Department.
OWNER – Those shown to be the owner or owners on
the records of the City of Yonkers, Department of Assessment,
those identified as the owner or owners on a vacant building
registration form, a mortgagee in possession, a mortgagor in
possession, assignee of rents, receiver, executor, trustee,
lessee, other person, firm or corporation in control of the
premises. Any such person shall have a joint and several
obligation for compliance with the provisions of this Section.
SECURED BY OTHER THAN NORMAL MEANS – A building
secured by means other than those used in the design of the
building.
UNOCCUPIED – A building which is vacant or is not legally
being used for an occupancy authorized by the owner.
UNSECURED – A building or portion of a building which is
open, accessible or an attractive nuisance:
a. Unoccupied;
b. Unoccupied and unsecured by other than normal
means;
c. Unoccupied as determined by the appropriate City,
County or State department or agency;
d. Unoccupied and has multiple housing or building code
violations;
e. Illegally occupied;
f. Unoccupied for a period of time of 45 days, unless
good cause can be shown to the Commissioner of
Housing and Buildings that would warrant an
extension of three months.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
8
LOCAL LAW
§58 – 34. Vacant building registration.
A. The owner shall register with the Department of Housing and
Buildings not later than 30 days after any building located in an area
zoned for or an abutting area zoned for residential or neighborhood
commercial use in the City becomes a vacant building or not later than
30 days after being notified by the Building Department to register.
The Enforcement Officer may identify vacant buildings through its
routine inspection process as well as through notification by residents,
neighborhood associations and other community groups that a
building may be eligible for inclusion on the registry.
B. The registration shall be provided on forms provided
by the Department of Housing and Buildings and shall include
the following information supplied by the owner:
(1) a description of the premises, address, block and lot
number;
(2) The names, addresses and phone numbers of the
owners;
(3) The name, address and phone number of any person
contracted by the owner for property management;
(4) The names, addresses and phone numbers of all known
lien holders and all other parties holding an ownership
interest in the property; and
(5) A telephone number where a responsible person and
owner can be reached at all times.
C. The owners shall submit a vacant building plan which must
meet the approval of the Commissioner. The plan, at a minimum,
must contain information from one of the following three choices
for the property:
(1) If the building is to be demolished, a demolition plan
indicating the proposed time frame for the property.
(2) If the building is to remain vacant, a plan for the
securing of the building in accordance with standards
provided by the Department of Housing and Buildings. if
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
9
LOCAL LAW (CONTINUED)
applicable such plans must be filed along with the
procedure that will be used to maintain the property in
accordance with the Yonkers Building Code, and a
statement of the reasons why the building will be left
vacant and for what time period the building will be vacant,
all of which must be acceptable to the Commissioner.
(3) If the building is to be returned to appropriate occupancy
or use, a rehabilitation plan for the property. The
rehabilitation plan shall not exceed 365 days unless
the Commissioner grants an extension upon receipt of a
written statement from the owner detailing the reasons for
the extension. Any repairs, improvements or alterations to
the property must comply with any applicable zoning,
housing, historic preservation or building codes and must
be secured in accordance with the City Code, or of the
directions of the Commissioner, during the rehabilitation or
until a new Certificate of Occupancy or Certificate of
Completion has been issued.
D. All applicable laws and codes shall be complied with by the
owner. The owner shall notify the Department of Housing and
Buildings of any changes in information supplied as part of the
vacant building registration within 30 days of the change. If the
plan or timetable for the vacant building is revised in any way,
the revisions must be in writing and must meet the approval of
the Commissioner.
E. The owner and subsequent owners shall keep the
building secured by any means necessary and/or required to
keep the building safe and secured while properly maintaining
said building at all times as provided for in this Article.
F. Failure of the owner or any subsequent owners to keep
the building secure and safe and/or maintain the building and
premises that result in remedial action taken by the City shall be
grounds for the revocation of the approved plan and shall be
subject to any applicable penalties provided by law.
G. The new owners shall be required to register the vacant
building with the Building Department within 30 days of any
transfer of an ownership interest in a vacant building. The new
owners shall comply with the approved plan and timetable
submitted by the previous owner until any proposed changes
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
10
are submitted and meet the approval of the Commissioner.
H. Vacant building fees.
(1) The owner of a vacant building shall pay an annual fee of
$200 for the vacant building. The fee shall be paid on January
1, or within thirty days thereafter. If the fee is not paid within
such time, the owner shall be subject to another $200 fee plus
penalties and additional fees that may be imposed at an
administrative hearing. The fee shall be reasonably related to
the administrative costs for registering and processing the
vacant building owner registration form and for the costs of the
City in monitoring the vacant building site.
(2) The first annual fee shall be paid no later than 30 days
after the building becomes vacant. If the fee is not paid within
30 days of being due, the owner shall be subject to a penalty of
$200 and prosecution in court or an administrative hearing. If a
plan is extended beyond 365 days, subsequent annual fees
shall be due on the anniversary date. Any fee not paid at this
time shall be subject to payment of an additional penalty of
$100 a month for each month the fee remains unpaid such
additional penalty coming due on the first day of each month.
After six months, if the fee still remains unpaid, the penalty will
increase by $100 for each month the fee remains unpaid, until
the penalty reaches the amount of $2,000, at which point it will
remain until the matter is resolved. If any penalty is not paid
within thirty days of the due date, the owner shall be subject to
prosecution in court and /or an administrative hearing.
(3) The fee shall be paid in full prior to the issuance of any
building permits, with the exception of any demolition permit.
The fee shall be prorated, and a refund may be issued if the
building is no longer deemed vacant under the provisions of this
section within 180 days of this registry.
(4) All delinquent fees shall be paid by the owner prior to any
transfer of an ownership interest in any vacant building. If the
fees are not paid prior to any transfer, the new owner shall pay
the annual fee no later than 30 days after the transfer of
ownership, and subsequent annual fees shall be due on
January 1st .
§58 -35. Exemptions.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
11
LOCAL LAW (CONTINUED)
A building which has suffered fire damage shall be exempt from the
registration requirement for a period of 45 days after the fire or extreme
weather event if the property owner submits a written request for
exemption from the Department of Housing and Buildings. This written
request shall include the following information supplied by the owner :
A. A description of the premises, address, lot and block;
B. The names, addresses and phone numbers of the owners; and
C. A statement of intent to repair and reoccupy the building in an
expedient manner or the intent to demolish the building.
§58 -36. Inspections.
The Department of Housing and Buildings shall inspect any premises in
the City for the purposes of enforcing and assuring compliance with the
provisions of this law. Upon the request of the Department of Housing
and Buildings, an owner shall provide access to all interior portions of an
unoccupied building in order to permit a complete inspection
§58-37. Penalties.
A violation of any section of this Article shall be a Class I offense.”
Section 2. This Local Law shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
12
LOCAL LAW
2. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A LOCAL LAW AMENDING CHAPTER 75 OFTHE CODE OF THE
CITY OF YONKERS ENTITLED “POLICE” BY ADDING A NEW
ARTICLE VI ENTITLED “PUBLIC NUISANCE ABATEMENT”
Be it enacted by the City Council of the City of Yonkers, as follows:
Section 1. Chapter 75 of the Code of the City of Yonkers
entitled “Police” and is hereby amended, in part by deleting the
current Article VI entitled “Public nuisance” and adding thereto
a new Article VI entitled “Public nuisance abatement” to read
as follows:
ARTICLE VI
PUBLIC NUISANCE ABATEMENT
§75 – 22. Legislative findings.
It is the finding of this City Council that public nuisances
exist in the City of Yonkers in the operation of certain
establishments and the use of property in flagrant violation
of the penal laws relating to controlled substances ,
dangerous drugs, prostitution, stolen property and illegal
use or possession of weapons, as well as other provisions
of state and local law, all of which substantially and
seriously interfere with the interests of the public in the
quality of life and total community environment, commerce
in the City, property values and the public health, safety and
welfare. The City Council further finds that the occurrence of
such activities and violations is detrimental to the health,
safety and welfare of the City of Yonkers and of the
businesses thereof and visitors thereto. It is the purpose of
this law to authorize and empower the Police Commissioner
to impose sanctions and penalties for such public
nuisances, and such powers may be exercised either in
conjunction with or apart from the powers contained in other
laws, without prejudice to the use of procedures and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
13
LOCAL LAW (CONTINUED)
remedies available under other laws. The City Council
further finds that the sanctions and penalties imposed by
the Commissioner pursuant to this law constitute an
additional and appropriate method of law enforcement in
response to the proliferation of the above described
publicnuisances. These sanctions and penalties are
reasonable and necessary in order to protect the health and
safety of the people of the City of Yonkers and to promote
the general welfare.
§75 – 23. Definitions.
Unless otherwise expressly stated, the following terms
shall, for the purpose this law, have the meanings indicated:
COMMISSIONER – The Commissioner of the Police
Department, or his or her designee.
MORTGAGEE – The person or entity who is listed as the
mortgagee on any unsatisfied or otherwise open mortgage
on the premises recorded in the Office of the Westchester
County Clerk.
OWNER – Those shown to be the owner or owners on
the records of the City of Yonkers, Department of
Assessment, those identified as the owners or owners of the
building or whose name is listed on any document
describing him, her, them or some other entity as owner,
recorded in the office of the Westchester County Clerk.
PREMISES – The building, place or property whereon a
public nuisance is being conducted or exists.
PUBLIC NUISANCE
A. For purposes of this law, a public nuisance shall be
deemed to exist whenever, through violations of any of
the following provisions resulting from separate
incidents occurring at or predicated at events
circumstances or activities occurring on the premises,
12 or more points are accumulated within a period of
six months, or 18 or more points are accumulated
within a period of 12 months in accordance with the
following point system. Where more than one violation
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
14
LOCAL LAW (CONTINUED)
occurs during a single incident, the total points for the
incident shall be the highest point value assigned to any
single violation. The following violations shall be assigned
the point value indicated :
1 Article 220 of the Penal Law (Controlled Substances
Offenses) or a plea to a lesser included offense
thereunder. Six Points.;
2. Article 221 of the Penal Law (Offenses involving
Marijuana) or a plea to a lesser included offense
thereunder. Six Points.;
3. Article 225 of the Penal Law (Gambling Offenses) or a
plea to a lesser included offense thereunder. Six Points.;
4. Article 230 of the Penal Law (Prostitution Offenses) or a
plea to a lesser included offense thereunder. Six Points.;
5. Sections 165.40, 165.45, 165.50, 165.52 and 165.42 of
the Penal Law ( Criminal Possession of Stolen Property) or a
plea to a lesser included offense thereunder. Six Points.;
6. Sections 65 or 82 of the Alcoholic Beverage Control Law
or a plea to a lesser included offense thereunder. Six
Points.;
7. Article 265 of the Penal Law (Firearms and Other
Dangerous Weapons) or a plea to a lesser included offense
thereunder. Six Points.;
8. Sections 260.20 and 260.21 of the Penal Law (Unlawfully
Dealing with a Child) or a plea to a lesser included offense
thereunder. Six Points.;
9. Article 263 of the Penal Law (Sexual Performance by a
Child) or a plea to a lesser included offense thereunder. Six
Points.;
10. Section 415-a of the Vehicle and Traffic Law (Vehicle
Dismantlers) or a plea to a lesser included offense
thereunder. Four Points.;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
15
LOCAL LAW (CONTINUED)
11.Section 175.10 of the penal Law (Falsifying Business
Records) or a plea to a lesser included offense thereunder.
Four Points.;
12. Sections 170.65 and 170.70 of the Penal Law (Forgery of
and Illegal Possession of a Vehicle Identification Number) or
a plea to a lesser included offense thereunder. Four Points.;
13. Possession, use, sale or offer for sale of any alcoholic
beverage in violation of Article 18 of the Tax Law , or of any
cigarette or tobacco products in violation of Article 20 of the
Tax Law or a plea to a lesser included offense thereunder.
Four Points.;
14. Article 178 of the Penal Law (Criminal Diversion of
Prescription Medications and Prescriptions) or a plea to a
lesser included offense thereunder. Four Points.
15. Section 147 of the Social Services Law. (Food Stamp
Program Fraud.) or a plea to a lesser included offense
thereunder. Four Points.:
16. Operating a business during hours which the business is
required to be closed pursuant to Chapter 43 of the Code of
the City of Yonkers, otherwise known as the Zoning Code:
Four Points.
B. For the purposes of this law, a conviction for an
offense in a court of competent jurisdiction or an
administrative bureau shall not be required. Instead the City
shall prove by a preponderance of the evidence that the
violations have occurred. However, a conviction as defined
and applied in accordance with the provisions of Section
1.20 of the Criminal Procedure Law, in any court of
competent jurisdiction, shall constitute conclusive proof of a
violation. Conviction of an attempt to commit a violation of
any of the specified provisions shall be considered a
conviction for a violation of the specified provision.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
16
LOCAL LAW (CONTINUED)
§75-24. Remedies to abate public nuisances.
In addition to the enforcement procedures established
elsewhere, the Commissioner after notice and an
opportunity for a hearing, shall be authorized:
A. To order the discontinuance of such activity at the
premises where such public nuisances exist; and/or
B. To order the closing of the premises to the extent
necessary to abate the public nuisance.
§75-25. Service of notice.
A. Prior to the issuance of an order by the
Commissioner, pursuant to this law, the Commissioner
shall give notice and opportunity for a hearing to the
owner, and any other person directly or indirectly in
control of the premises wherein the public nuisance is
being conducted, maintained or permitted. Such notice
and opportunity to be heard may be given to a mortgagee
of the premises. Such notice shall be served upon an
owner or any other person directly or indirectly in control
of the premises pursuant to Article 3 of the New York
State Civil Practice Law and Rules, and upon a
mortgagee by means of certified mail, return receipt
requested, sent to the mortgagee’s last known address,
provided that any other service other than delivery to the
person to be served shall be complete immediate upon
delivery, mailing or posting without the necessity of filing
proof of service with the clerk of the court.
B. The notice specified in Subsection A of this section
shall:
(1) Specify the activity creating the public
nuisance;
(2) Provide 30 days for elimination for the public
nuisance;
(3) Inform the person to whom it is directed of their
right to apply within 10 days of service of the notice
for a hearing before the Commissioner;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
17
LOCAL LAW (CONTINUED)
(4) Inform the owner or any other person directly or
indirectly in control of the premises that upon
expiration of 30 days after service without a
hearing before the Commissioner, or upon
noncompliance with any written agreement
reached at the hearing, the Commissioner shall act
to obtain compliance as provided by this law; and
(5) Inform the owner or any other person directly or
indirectly in control of the premises of the
obligation to post a copy of the notice within 5
days, in a conspicuous place, so that all premises
occupants and others entering the premises shall
have notice that the public nuisance is being
conducted, maintained or permitted on the
premises and that upon expiration of 30 days after
service of the notice, the Commissioner shall act to
obtain compliance as provided in this law, including
but not limited to, closing the premises.
§75-26. Lack of Knowledge no defense.
The lack of knowledge of, acquiescence or
participation in, or responsibility for a public nuisance on
the part of the owner, mortgagee or any other person
directly or indirectly in control of the premises, or having
any interest in the premises or in any property, real or
personal, used in conducting or maintaining the public
nuisance, shall not be a defense by such owner,
mortgagee or other person.
§75-27. Issuance of order.
The Commissioner shall issue the order provided
for in Section 75-25 herein by posting said order on the
premises wherein the public nuisance is occurring and
mailing a copy by first class mail of said order to the
owner, mortgagee or any other persons directly or
indirectly in control of the premises, within one business
day of the posting of said order on the premises.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
18
LOCAL LAW (CONTINUED)
§75-28. Enforcement of order
A. No sooner than five business days after the
issuance of the order pursuant to Sections 75-25
and 75-28, and upon the directive of the
Commissioner, officers of the Yonkers Police
Department are authorized to act upon and enforce
such order
B. Where the Commissioner closes a premises
pursuant to this law, such closing shall be for such
period as the Commissioner may direct, but in no
event shall the closing be for a period of greater
than one year from the issuance of the order.
C. Upon receiving a copy of the order issued by the
Commissioner, pursuant to Sections 75-25 and 75-
28, the Corporation Counsel shall maintain a
special proceeding to affix a civil penalty in the
amount of up to $5,000, and to collect any costs
and expenses incurred by the City of Yonkers, in
commencing the proceeding, closing the premises
and in relocating any occupants on the premises.
The Corporation Counsel shall file a notice of
pendency of the proceeding in the Westchester
County Clerk’s Office.
D. The judgment in such proceeding, in favor of the
City of Yonkers, shall establish the penalty sued for
with costs and disbursements as a lien upon the
premises, subject only to taxes, assessments,
water rates, mortgages and mechanic’s liens as
they exist thereon.
§75-29. Judgment and action by the Corporation
Counsel.
A. The Corporation Counsel shall have the power, on
ex parte application to any court of competent
jurisdiction, to appoint a receiver of rents and
profits of the premises for the purposes of
collecting the civil penalty established pursuant to
Section 75-29 herein, and abating the public
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
19
LOCAL LAW (CONTINUED)
nuisance. The receiver shall have the powers,
duties and rights of a receiver of rents and profits
of real estate, as provided by law; provided,
however, that the Corporation Counsel shall act as
counsel to the receiver, and the receiver shall not
be allowed any expenditure for counsel fees, and
the receiver’s services and those of any agent or
agents whom the receiver may retain. The
receivership shall continue until the amount of the
City of Yonkers’ liens, with interest at the rate of
9% per annum and the receiver’s commissions,
have been fully paid and the nuisance abated;
provided further, that nothing in this section shall
be construed to prevent any prior lienor from
applying to a court in a proper case for a receiver
of the premises.
B. At any time after the entry of any judgment
establishing a lien upon the premises, the
Corporation Counsel, on behalf of the City of
Yonkers, may apply to the court for leave to sell
the premises. Upon such application, the court may
order the premises sold at public auction, subject
to taxes, assessments, water rates, mortgages
and mechanics liens.
§75-30. Closing not possession.
A closing directed by the Commissioner pursuant
to this Article, shall not constitute an act of possession,
ownership or control by the City of Yonkers over the
closed premises.
§75-31. Disobedience of Police Commissioner’s order.
A. It shall be a Class I offense for any person to use
or occupy or to permit any other person to use or
occupy, the premises or any portion thereof,
ordered closed by the Commissioner.
B. Mutilation or removal of a posted order of the
Commissioner shall be a Class II offense.
C. Intentional disobedience of or resistance to any
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
20
LOCAL LAW (CONTINUED)
provision of the order issued by the Commissioner,
in addition to any other punishment prescribed
by law, shall be a Class II offense.
D. Each day’s violation shall be a separate offense.
§75-31. Promulgation of rules and regulations.
The Commissioner may promulgate such rules
and regulations as may be necessary to carry out the
provisions of this law.
§75-32. Administrative liability.
Neither the City of Yonkers, nor any officer, agent
or employee thereof, shall be personally liable for any
damage resulting from any official determination, order or
action required or permitted under this law.
§75-33. Severability.
If any provision of this article or the application
thereof to any person or circumstances is held invalid, the
remainder of this article and the application of such
provision to the other persons or circumstances shall not
be rendered invalid thereby.”
Section 2. This Local Law shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
21
GENERAL ORDINANCE
3. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A GENERAL ORDINANCE GENERALLY AMENDING CHAPTER
43 OF THE CODE OF THE CITY OF YONKERS (COMMONLY
KNOWN AS THE CITY OF YONKERS ZONING ORDINANCE)
PERTAINING TO DEFINITIONS AND USES.
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 generally amended and revised in
part as follows:
“Section 43-8 of the Code of the City of Yonkers entitled “Definition
of Terms” is hereby amended in part by the addition of the following terms
to be placed in alphabetical order within the section:
BLIGHT SITE: A building, structure or land that exerts a negative
influence upon the surrounding properties as evidenced a history of
violations of City
or State ordinances and codes relating to health and safety, Building and
Fire Code violations, persistent vacancy and violation of other City of
Yonkers or State codes and ordinances related but not limited to property
maintenance.
PERSISTENT VACANCY: A building, structure or land that: a) has been
vacant and not used for a legal purpose for more than six (6) months;
and/or (b) is not undergoing renovation and/or repair as evidenced by a
building permit(s) actively being pursued.
PERSISTENTLY VACANT BUILDING OR STRUCTURE: A persistently
vacant building or structure shall be one that; (a) has been vacant and not
used for a legal purpose for more than six (6) months; and/or (b) is not
undergoing renovation and/or repair as evidenced by a building permit(s)
actively being pursued; and/or (c) has been found to be in violation of one
or more City or State codes or ordinances and (d) is exhibiting a blighting
influence upon the surrounding community.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
22
GENERAL ORDINANCE (CONTINUED)
VACANT: Lands or buildings that are not actively used for any purpose.
Section 2. Section 43 – 28 of the Code of the City of Yonkers
entitled “Use and Dimensional Regulations”, specifically, is hereby
amended in part by the addition of the following terms to be placed in
alphabetical order within the section:
“Blight Site
Persistent Vacancy
Persistently Vacant Building or Structure
Vacant.”
Section 3. This Ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
23
GENERAL ORDINANCE
4. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
GENERAL ORDINANCE AMENDING CHAPTER 103 OF THE CODE OF
THE CITY OF YONKERS ALSO KNOWN AS “STREETS AND
SIDEWALKS” BY AMENDING SECTION 103-36, ENTITLED
INSURANCE AND BONDS
Be it ordained by the City Council of the City of Yonkers, as follows:
Section 1. Chapter 103 of the Code of the City of Yonkers entitled
“Streets and Sidewalks” is hereby amended in part by amending Section
103-36 entitled “Insurance and Bonds”, to read as follows:
Ҥ103-36. Insurance and Bonds.
A. In addition to the payments as outlined elsewhere herein, each
permittee shall furnish public liability and property damage insurance,
written so as to name the City of Yonkers as coinsured, which shall also
give 60 days written notice to the City of Yonkers of any modification or
cancellation of any such insurance and shall remain in effect throughout
the effective period of the work, in the following amounts:
(1) Public liability: not less than [$200,000 for injuries] $1,000,000,
including wrongful death to any one person, and subject to the same limit
for each person in an amount not less than [$300,000] $500,000 on
account of one accident.
(2) Property damage: not less than $100,000 for damages on account
of any one accident and in amount not less than $100,000 for damages on
account of all accidents.
B. The permittee shall also furnish to the City of Yonkers and keep
posted with the Department of Public Works for the life of the permit taken
out a performance bond in the amount of [$10,000] $50,000 guaranteeing
proper repair of any damage to city underground facilities. Franchise
holders may file an indemnity agreement approved by the Corporation
Counsel in lieu of insurance.”
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
24
GENERAL ORDINANCE (CONTINUED)
Section 2. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
25
GENERAL ORDINANCE
5. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A GENERAL ORDINANCE GENERALLY AMENDING CHAPTER
31 OF THE YONKERS CITY CODE ENTITLED “CONSUMER
PROTECTION CODE” IN REGARD TO ARTICLE XIV, DEFINITIONS
FOR HOME IMPROVEMENT BUSINESSES AND CONTRACTS; AND
ARTICLE XXVII ENTITLED ORGANIC WASTE DISPOSAL YARD
ACCESS PERMIT AND FEE; AND ARTICLE XXVIII ENTITLED
DISPOSAL OF LEAVES AND OTHER ORGANIC REFUSE AND
ARTICLE XXIX ENTITLED REPORTING OF VIOLATIONS; PENALTIES.
The City of Yonkers, in City Council convened, hereby
ordains and enacts:
Section 1. Chapter 31 of the Code of the City of Yonkers,
more commonly known as the “Consumer Protection Code,” is
hereby generally amended and revised in part by amending Article
XIV, entitled “Home Improvement Businesses and Contracts”, in
part, by amending Section 31-128 entitled “Definitions” to include a
new term and to read as follows:
“Article XIV
Home Improvement Businesses and Contracts.
§31- 128. Definitions.
LANDSCAPER - Any person or company that perform the following
landscaping or gardening functions referred to herein including but not
limited to the cutting and maintenance of grass, the trimming, pruning,
planting and maintenance of shrubs, plants, trees and other foliage, the
application of chemicals and fertilizers in connection with the activities
listed herein, and the removal of trees and/or tree stumps. A person who
engages in such landscaping or gardening functions or activities shall
hereinafter be referred to as a Landscaper and shall be considered a
Contractor as defined in this Article. In addition, any such work performed
shall be considered as Home Improvement work as defined in this Article
and the performance of said work shall qualify as a Home Improvement
Contract as defined in this Article. “
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
26
GENERAL ORDINANCE (CONTINUED)
Section 2. Chapter 31 of the Code of the City of Yonkers, more
commonly known as the “Consumer Protection Code,” is hereby generally
amended and revised in part by adding a new Article XXVII entitled
“Organic Waste Disposal Yard Access Permit and Fee” to this Chapter to
read as follows:
“Article XXVII
Organic Waste Disposal Yard Access Permit and Fee
§ 31-211. Organic Waste Disposal Yard Access Permit and Fee.
Upon receiving a license issued pursuant to the requirements of Article
XIV of this Chapter, the Licensee shall pay to the Comptroller an annual
Organic Waste Disposal Yard Access Permit Fee of five hundred dollars
($500). The Director may then issue to the Licensee an Organic Waste
Disposal Yard Access Permit (the “Access Permit”). The Access Permit
holder may access the Organic Waste Disposal Yard for the disposal of
leaves and organic refuse in accordance with Article XXVIII of this
Chapter. Additional trucks owned and operated by the Licensee may be
added to the Access Permit for the purposes described herein by
purchasing decals as set forth in § 31-213.
§ 31-212. Expiration of the Organic Waste Disposal Yard Access Permit:
renewal and transferability.
Every Organic Waste Disposal Yard Access Permit shall expire on the
15th of January following the date of its issuance unless sooner
suspended or revoked by either the Director or the Commissioner of the
Department of Public Works. Permits may be renewed as set forth herein
and shall not be transferable from person to person nor from the location
for which it is originally issued.
§ 31-213. Posting of decals; purchase of additional decals.
Each Licensee and Access Permit holder shall affix and display on the left
fender of each vehicle and on the left rear fender of any trailer regularly
used in the course of its business, an identification decal issued by the
Office of Licensing. Additional decals for vehicles registered to the license
and used for the purposes as described under this Article may be obtained
from the Office of Licensing for an additional fee of ten dollars ($10) per
decal.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
27
GENERAL ORDINANCE (CONTINUED)
§31-214. Refusal, Revocation and Suspension of License and Organic
Waste Disposal Yard Access Permit.
The Director of the Office of Licensing may refuse to issue or revoke or
suspend any license or Access Permit issued pursuant to this Article for
good cause shown such as but not limited to fraud, misrepresentation, or
bribery in securing a license, or the making of a false statement in any
application for a license or access permit, or for being an untrustworthy
person or not of good character, or having business transactions marked
by the failure to perform its contracts or by fraud or bad faith or by failure
to display the license as required by this article.
§31-215. Penalties.
A violation of this Article shall be a Class II offense.”
Section 3. Chapter 31 of the Code of the City of Yonkers, more
commonly known as the “Consumer Protection Code,” is hereby
generally amended and revised in part by by adding a new Article
XXVIII entitled “Disposal of Leaves and other Organic Refuse” to this
Chapter to read as follows:
Article XXVIII
Disposal of Leaves and other Organic Refuse
§31- 221. Disposal by Landscapers; permit required; fee.
A. The Commissioner of Public Works shall designate a site for the
disposal of leaves, clippings, tree limbs and other organic waste by
professional gardeners and Landscapers holding a valid license as
required by this Chapter. Said gardeners or Landscapers may use
such site only if they have applied for and received an Access Permit
for such disposal. Said permit will be issued by and on a form
prescribed by the Director. A decal shall be affixed and displayed on
the fender of each commercial vehicle owned or leased by the
professional gardener or landscaper and which vehicle is used to
convey leaves, clippings, tree limbs or other organic waste. No grass
clippings, inorganic material or other material deemed improper by
the Commissioner of the Department of Public Works shall be
disposed of at the site.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
28
GENERAL ORDINANCE (CONTINUED)
B. No vehicle owned or leased by any professional gardener or
Landscaper with a capacity greater than 5 cubic yards will be
permitted on any site designated by the Commissioner of Public
Works. The City of Yonkers retains the right to examine the vehicle
and the fill and to refuse entry to the site by any vehicle containing
inorganic material or any other unacceptable fill material or for any
other valid reason. In the event the City determines that a vehicle is
disposing of unacceptable fill material, the City may order the driver
and/or Access Permit holder to cease operations and to remove the
fill they have already disposed of at the site. In addition, the Access
Permit holder may be subject to the revocation or suspension of his
permit subject to §31-223 of this Article. In addition, the Access
Permit holder and his servants, agents, independent contractors and
employees may be subject to the penalties as provided for in §31-
225.
C. The permits issued annually by the Office of Licensing and will be
valid from April 1st through January 15th of the following year. No
vehicles will be permitted on the site between January 16th and
March 31st unless the Commissioner of Public Works has declared
the site open to vehicles for dumping purposes. Permits for the
upcoming year will be issued by the Office of Licensing commencing
the first Monday in March.
§31-222. Activities regulated.
It is a violation of Article IV of Chapter 91 of the City Code to
dispose of garbage, refuse and waste material in the City of Yonkers
except as allowed therein. However, no person shall throw, place or
deposit or permit or allow any person under his control or in his
employment to throw, place or deposit any garbage, refuse (organic or
inorganic), rubbish or waste material on the City sidewalks or streets or
property in the City of Yonkers except in accordance with the provisions of
the City Code of the City of Yonkers. A violation of this section shall be
treated as a violation of §91-38 of the City Code and accorded the same
penalties.
§31-223. Refusal, Revocation and Suspension of Access Permit.
The Director may refuse to issue or revoke or suspend any permit issued
pursuant to this Chapter, or for good cause shown such as but not limited
to fraud, misrepresentation, or bribery in securing a permit or license, or
the making of a false statement in any application for a permit or license,
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
29
GENERAL ORDINANCE (CONTINUED)
or for being an untrustworthy person or not of good character, or having
business transactions marked by the failure to perform its contracts or by
fraud or bad faith or by violation of any section of the Yonkers City Code
or New York state law.
§31-224. Permit must be in possession of person performing work.
The permit issued pursuant to this Chapter or a photocopy thereof signed
by the Licensee shall at all times be in the possession of the person
carrying waste to the site.
§31-225. Penalties.
A violation of this Article shall be a Class II offense. Except for a violation
of §31-222 which shall be accorded the same penalties as §91-38.”
Section 4. Chapter 31 of the Code of the City of Yonkers,
more commonly known as the “Consumer Protection Code” is
hereby generally amended and revised in part, by amending the
present Article XXVII, entitled “Reporting of Violations; Penalties”
containing Section 31-211 and Section 31-212 thereto, to be
renumbered as Article XXIX, containing the renumbered Sections
31-226 and Section 31-227, to read as follows:
“Article XXIX. Reporting of Violations; Penalties
§31-226. Violations to be reported to the Corporation Counsel by
Office of Licensing.
The Office of Licensing shall report forthwith to the Corporation
Counsel the names and places of business of all persons charged
with violating the provisions of this chapter.
§31-227. Penalties for offenses.
A violation of any section of this chapter shall be a Class II offense. Except
for a violation of § 31-222 which shall be accorded the same penalties as
§91-38. “
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
30
GENERAL ORDINANCE (CONTINUED)
Section 5. This Ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
31
SPECIAL ORDINANCE
6. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A SPECIAL ORDINANCE GRANTING TO CON EDISON A PERMIT TO
INSTALL A NEW CONDUIT AND RELATED SERVICES AT
BELMONT PLACE, THE ESTIMATED DIMENSIONS ARE IN EXCESS
OF100 LINEAR FEET.
WHEREAS, Consolidated Edison, in a communication forwarded to
the City Engineer, 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 linear feet and no more than 500 linear feet
and to install a new conduit and related services at Belmont Place,
Yonkers, N.Y. in accordance with Drawing Number PO9-7322-2WCY; and
WHEREAS, the work being done by said company is the
replacement of existing lines and it is therefore a Type II action under the
New York State Environmental Quality Review Act; 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, in
accordance with the terms of an ordinance adopted by the Board of
Aldermen of the City of Yonkers on May 31, 1892, to excavate in excess
of 100 linear feet and no more than 500 linear feet to install a new conduit
and related services at Belmont Place, Yonkers, N.Y.
Section 2. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
32
SPECIAL ORDINANCE
7. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A SPECIAL ORDINANCE GRANTING TO CON EDISON A PERMIT TO
INSTALL A NEW CONDUIT AND RELATED SERVICES AT
RUGBY ROAD, THE ESTIMATED DIMENSIONS ARE IN EXCESS
OF 100 LINEAR FEET.
WHEREAS, Consolidated Edison, in a communication forwarded to
the City Engineer, 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 linear feet and no more than 500 linear feet
and to install a new conduit and related services at Rugby Road, Yonkers,
N.Y. in accordance with Drawing Number G10-0048-WCY; and
WHEREAS, the work being done by said company is the
replacement of existing lines and it is therefore a Type II action under the
New York State Environmental Quality Review Act; 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, in
accordance with the terms of an ordinance adopted by the Board of
Aldermen of the City of Yonkers on May 31, 1892, to excavate in excess
of 100 linear feet and no more than 500 linear feet to install a new conduit
and related services at Rugby Road, Yonkers, N.Y.
Section 2. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
33
RESOLUTION
8. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, on March 29, 2010, Frank Rubino, Corporation
Counsel for the City of Yonkers, retired after more than 10 years in the
Corporation Counsel’s office; and
WHEREAS, on March 9, 2010, Mayor Philip Amicone,
communicated via letter to the City Council of his intent to appointment
Mark Blanchard, the current Deputy Corporation Counsel, to the position
of Corporation Counsel; and
WHEREAS, under Section C 3-5 (A) of the Charter of the City of
Yonkers, the Corporation Counsel nominee is subject to the advice and
consent of the City Council; and
WHEREAS Mark Blanchard has served the City of Yonkers’
Corporation Counsel Office for almost six years as either an Assistant
Corporation Counsel or First Deputy Corporation Counsel; and
WHEREAS, Mark Blanchard has significant legal experience and
understanding of the current issues facing the City of Yonkers through working
on the redevelopment of the waterfront and downtown Yonkers, managing the
City’s state and federal litigation, and providing legal advice to both the Mayor
and the City Council; and
WHEREAS, under Section C2-8 of the Yonkers City Charter this
appointment requires that a waiver of C2-8 be granted for the duration of
the appointment, and
WHEREAS, the appointment of Mark Blanchard as Corporation
Counsel is in the best interest of the City to grant the waiver required by
Section C2-8.
NOW, THEREFORE BE IT RESOLVED, that the Yonkers City
Council hereby gives its advice and consent to the appointment of Mark
W. Blanchard, Esq. of Dobbs Ferry, New York as Corporation Counsel for
the City of Yonkers, and be it
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
34
RESOLUTION (CONTINUED)
FURTHER RESOLVED, that this resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
35
RESOLUTION
9. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, on March 29, 2010, Frank Rubino, Corporation Counsel for
the City of Yonkers, retired after more than 10 years in the Corporation
Counsel’s office; and
WHEREAS, on March 9, 2010, Mayor Philip Amicone, communicated via
letter to the City Council of his intent to appointment Edward P. Dunphy, to
the position of First Deputy Corporation Counsel; and
WHEREAS, under Section C 3-5 (A) of the Charter of the City of
Yonkers, the Corporation Counsel nominee is subject to the advice and
consent of the City Council; and
WHEREAS Edward P. Dunphy served as Corporation Counsel for
the City of White Plains for twelve years; and
WHEREAS, Edward P. Dunphy has gained significant legal
experience after working on numerous redevelopment projects in the City
of White Plains, managing the City of White Plains’ Office of the
Corporation Counsel, its state and federal litigation, handling all matters
relating to municipal law and providing legal advice to both the Mayor and
the Common Council; and
WHEREAS, under Section C2-8 of the Yonkers City Charter this
appointment requires that a waiver of C2-8 be granted for the duration of
the appointment, and
WHEREAS, it is in the best interest of the City to grant the waiver
required by Section C2-8.
NOW, THEREFORE BE IT RESOLVED, that the Yonkers City
Council hereby gives its advice and consent to the appointment of Edward
P. Dunphy, Esq. of White Plains, New York as First Deputy Corporation
Counsel for the City of Yonkers, and be it
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
36
RESOLUTION (CONTINUED)
FURTHER RESOLVED, that this resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
37
RESOLUTION
10. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
RESOLUTION AUTHORIZING THE MAYOR OR HIS DESIGNEE TO
APPLY FOR A GRANT FROM NEW YORK STATE’S DEPARTMENT OF
HOUSING AND COMMUNITY RENEWAL MAIN STREET PROGRAM IN
ORDER TO ASSIST WITH THE REDEVELOPMENT AND
RESTORATION OF A PORTION OF THE WHEELER BLOCK.
WHEREAS, the City of Yonkers is eligible to apply for up to Five
Hundred Thousand Dollars ($500,000.00) in grant funds, from the New
York State Department of Housing and Community Renewal Main Street
Program and through the application demonstrate the qualifications of the
City for the grant and the eligibility of the City for the full grant amount; and
WHEREAS, the City of Yonkers’ matching contributions may
consist of grants from other federal, state and local entities which will be
used to provide the matching contributions required should the grant be
awarded; and
WHEREAS, the project is a part of the Yonkers Main Street
Program, specifically the Wheeler Block, and will consist of the restoration
and rehabilitation of a part of the Wheeler Block, adjacent to Getty Square
and the entire block will undergo a much needed façade restoration and
the reactivation of several stores and upper level residential apartments;
and
WHEREAS, the receipt of these grant funds will aid in needed
restoration, assist in bringing pedestrian traffic into the area, help to retain
existing businesses, and to attract new business into the area; and
WHEREAS, the City of Yonkers recently received a Five Million,
Four Hundred Thousand Dollar ($5,400,000.00) NY RESTORE grant from
the New York State Empire State Development Corporation for the
renovation of the Old Main Street Library Building near the Wheeler Block;
and
WHEREAS, the economic revitalization of this area is in the best
interests of the City; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
38
RESOLUTION (CONTINUED)
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers, that the City Council hereby authorizes the Mayor or his
designee to make a grant application for Five Hundred Thousand Dollars
($500, 000.00) in available funding under the New York State Department
of Housing and Community Renewal Main Street Program Grant for the
restoration of the Wheeler Block in Yonkers; and be it further
RESOLVED, that this resolution shall take effect immediately,
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
39
RESOLUTION
11. 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
Fifteen Thousand Dollars ($15,000.00) of the action entitled, “Alexander
Gomez, an infant by his m/n/g, Dominga Reyes, and Dominga Reyes,
Individually, (residing at 149 Elm Street, Apartment 1, Yonkers, New York
10701), Plaintiffs against THE BOARD OF EDUCATION OF THE CITY
OF YONKERS, Defendant", for personal injuries sustained by the infant
Alexander Gomez on September 24, 2007 at the Foxfire School, in
Yonkers, New York, be and the same hereby is approved and the
Comptroller of the City of Yonkers is directed to draw his warrant in the
amount of Fifteen Thousand Dollars ($ 15,000.00) in favor of said
plaintiffs.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
40
RESOLUTION
12. 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.
Constance M. DiMaggio
26 Homewood Avenue
Yonkers, New York 10704
Board of Ed RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, APRIL 13, 2010
41
RESOLUTION
13. BY: COUNCILMEMBER GRONOWSKI, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER
MURTAGH, COUNCILMEMBERS TERRERO, SHEPHERD AND
LARKIN;
WHEREAS, Christ the King Church will be holding a fundraiser on
April 24, 2010. Christ the King Church has requested permission from the
City Council to place a banner in an area promoting this event, and
WHEREAS, Christ the King Church has asked that they be
permitted to place one (1) banner at a preexisting authorized banner
location on Nepperhan Avenue and Odell Avenue on or before April 15,
2010 and to be removed as soon after
April 24, 2010 as is possible.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to Christ the King Church 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, APRIL 13, 2010
42
COMMITTEE REPORTS

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Yonkers IDA To Sue New York State over Taxes

http://polhudson.lohudblogs.com/2010/04/06/yonkers-ida-joins-statewide-tax-suit/

Landmarks Preservation Board Meeting 4/7/2010 7:00 PM

Landmarks Preservation Board Meeting
4/7/2010 7:00 PM
City Hall - Ceremonial Court Room
40 South Broadway

No Agenda Available at Time of Posting