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.
