AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 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 moment of
silence to invoke God’s guidance and Blessing upon our deliberations.
Minutes of the stated meeting held on April 27, 2010 approved on motion of
Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
2
INDEX
OLD BUSINESS
ITEM DESCRIPTION PAGE
1. RES – HONORARY STREET RE-NAMING
“PFC. GEORGE LATHAN” 8/9
NEW BUSINESS
2. S.O. – GRANT – NORTH YKS BOYS & GIRLS
CLUB ($25,000.00) 10
3. S.O. – GRANT – NEPPERHAN COMMUNITY
CENTER ($50,000.00) 11
4. S.O. – GRANT – YKS ANIMAL SHELTER
($100,000.00) 12
5. S.O. – GRANT – HILLCREST LAKERS BOYS &
GIRLS COMMUNITY CLUB ($75,000.00) 13
6. RES – GRANT AGREEMENT – NORTH YKS BOYS
& GIRLS CLUB ($25,000.00) 14
7. RES – GRANT AGREEMENT – NEPPERHAN
COMMUNITY CENTER ($50,000.00) 15
8. RES – GRANT AGREEMENT - YKS ANIMAL
SHELTER ($100,000.00) 16
9. RES – GRANT AGREEMENT - – HILLCREST
LAKERS BOYS & GIRLS COMMUNITY CLUB
($75,000.00 17
10. RES – SETTLEMENT – NAUGHTON ($6,915.15) 18
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
3
INDEX (CONTINUED)
ITEM DESCRIPTION PAGE
11. RESO - COMMISSIONERS OF DEEDS 19/21
12. RES – BANNER – ST. JOHN’S HOSPITAL 22
13. HOME RULE – VIDEO LOTTERY TERMINALS 23/24
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
4
COMMUNICATIONS FROM CITY OFFICIALS
1. FROM LEE ELMAN OF THE YONKERS PLANNING BOARD RE: SEQRA
LEAD AGENCY DETERMINATION/COORDINATED REVIEW
(YONKERS ANIMAL SHELTER) DATED MAY 3, 2010
ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
5
COMMUNICATIONS - GENERALLY
1. FROM THE EDWARD BURROUGHS OF THE WESTCHESTER
COUNTY PLANNING BOARD: IN A LETTER DATED APRIL 28, 2010.
RE: ZONING TEXT AMENDMENT, “DEFINITIONS AND USES”. THE
BOARD NOTIFIES THE CITY THAT THERE ARE NO COUNTY OR
INTER-MUNICIPAL PLANNING ISSUES OF CONCERN TO THE
COUNTY PLANNING BOARD. ON DESKS
2. FROM THE TOWN OF EASTCHESTER; A LETTER DATED APRIL 29,
2010 RE: NOTICE THAT THE ARCHITECTURAL REVIEW BOARD WILL
HOLD A PUBLIC HEARING ON MAY 6, 2010 AT 7:00PM AT THE TOWN
OF EASTCHESTER TOWN HALL, 40 MILL ROAD, EASTCHESTER,
NEW YORK ON THE APPLICATION OF 70 GARTH ROAD.
ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
6
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
7
PUBLIC HEARING
PROPOSED RESOLUTION
A PUBLIC HEARING TO HONORARILY RE-NAME THE INTERSECTION
OF LAMARTINE AVENUE AND LAMARTINE TERRACE IN MEMORY OF
PFC. GEORGE LATHAN.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
8
OLD BUSINESS
RESOLUTION
1. 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, MAY 11, 2010
9
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, MAY 11, 2010
10
NEW BUSINESS
SPECIAL ORDINANCE
2. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the Parks
Department for a grant from New York State Dormitory Authority
sponsored by Assemblyman Michael Spano for the North Yonkers Boys &
Girls Club to refurbish the roof and floors of their community center.
Increase Estimated Revenues
DASNY 049-G18-1307-7186 $25,000.00
Increase Appropriation
Parks Dept. – Capital Construction 049-G18-1307-0201 $25,000.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
11
SPECIAL ORDINANCE
3. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the Parks
Department for a grant from New York State Dormitory Authority
sponsored by Assemblyman Michael Spano for the renovation of
classrooms at the Nepperhan Community Center.
Increase Estimated Revenues
DASNY 049-G18-1310-7186 $50,000.00
Increase Appropriation
Parks Dept. – Capital Construction 049-G18-1310-0201 $50,000.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
12
SPECIAL ORDINANCE
4. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the Parks
Department for a grant from New York State Dormitory Authority
sponsored by Assemblyman Michael Spano for the construction of the
New Yonkers Animal Shelter.
Increase Estimated Revenues
DASNY 049-G18-1305-7186 $100,000.00
Increase Appropriation
Parks Dept. – Capital Construction 049-G18-1305-0201 $100,000.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
13
SPECIAL ORDINANCE
5. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the Parks
Department for a grant from New York State Dormitory Authority
sponsored by Assemblyman Michael Spano for the construction of the
Hillcrest Boys & Girls Club community center.
Increase Estimated Revenues
DASNY 049-G18-1311-7186 $75,000.00
Increase Appropriation
Parks Dept. – Capital Construction 049-G18-1311-0201 $75,000.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
14
RESOLUTION
6. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the City of Yonkers, has been awarded a $25,000
grant from the Community Action Assistance Program through the
assistance of Assemblyman Mike Spano and Assembly Speaker Sheldon
Silver, to aid the North Yonkers Boys and Girls Club to help refurbish the
roof and floors of their Community Center and no matching fund
contribution is required; and
WHEREAS, the Mayor or the Commissioner of Parks, Recreation
and Conservation of the City of Yonkers is hereby authorized to execute
any documents necessary to receive such grant;
NOW, THEREFORE BE IT RESOLVED, that the City of Yonkers is
hereby authorized to obtain the funds available under the grant; and be it
further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
15
RESOLUTION
7. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the City of Yonkers, has been awarded a $50,000
grant from the Community Action Assistance Program through the
assistance of Assemblyman Mike Spano and Assembly Speaker Sheldon
Silver, to aid the Nepperhan Community Center to help refurbish the
classrooms in the Center and no matching fund contribution is required;
and
WHEREAS, the Mayor or the Commissioner of Parks, Recreation
and Conservation of the City of Yonkers is hereby authorized to execute
any documents necessary to receive such grant;
NOW, THEREFORE BE IT RESOLVED, that the City of Yonkers is
hereby authorized to obtain the funds available under the grant; and be it
further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
16
RESOLUTION
8. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the City of Yonkers, has been awarded a $100,000
grant from the Community Action Assistance Program through the
assistance of Assemblyman Mike Spano and Assembly Speaker Sheldon
Silver, to aid the Yonkers Animal Shelter in their construction of a new
facility for the shelter and no matching fund contribution is required; and
WHEREAS, the Mayor or the Commissioner of Parks, Recreation
and Conservation of the City of Yonkers is hereby authorized to execute
any documents necessary to receive such grant;
NOW, THEREFORE BE IT RESOLVED, that the City of Yonkers is
hereby authorized to obtain the funds available under the grant; and be it
further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
17
RESOLUTION
9. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the City of Yonkers, has been awarded a $75,000
grant from the Community Action Assistance Program through the
assistance of Assemblyman Mike Spano and Assembly Speaker Sheldon
Silver, to aid the Hillcrest Lakers Boys and Girls Club to build a
Community Club Facility and no matching fund contribution is required;
and
WHEREAS, the Mayor or the Commissioner of Parks, Recreation
and Conservation of the City of Yonkers is hereby authorized to execute
any documents necessary to receive such grant;
NOW, THEREFORE BE IT RESOLVED, that the City of Yonkers is
hereby authorized to obtain the funds available under the grant; and be it
further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
18
RESOLUTION
10. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
SIX THOUSAND NINE HUNDRED FIFTEEN AND 15/100 DOLLARS
($6,915.15) of the action entitled, “STATE FARM INSURANCE
COMPANY a/s/o JOHN NAUGHTON, plaintiff against THE CITY OF
YONKERS, Defendant", for property damage arising out of an accident
alleging that a City of Yonkers van struck his vehicle which was parked in
front of 507 Midland Avenue, Yonkers, be and the same hereby is
approved and the Comptroller of the City of Yonkers is directed to draw
his warrant in the amount of SIX THOUSAND NINE HUNDRED FIFTEEN
AND 15/100 DOLLARS ($6,915.15) in favor of said plaintiff.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
19
RESOLUTION
11. 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 June 30, 2012.
Peter Anthony Commisso
50 Raybrook Road
Yonkers, New York 10704
Excavation RENEWAL
Amanda Zeeman
538 Riverdale Avenue
Yonkers, New York 10705
Legal RENEWAL
Leonard Spano
5 Colonial Pkwy North
Yonkers, New York 10710
Self Employed RENEWAL
Victoria Smith
131 Underhill Street
Yonkers, New York 10710
City of Yonkers RENEWAL
Gerard Gannon
120 Colonial Pkwy
Yonkers, New York 10710
Student NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
20
RESOLUTION (CONTINUED)
Erwin Vazquez
41 Quarter Avenue
Yonkers, New York 10705
Westchester County NEW
Leonard Spano
510 Midland Avenue 4J
Yonkers, New York 10704
City Of Yonkers RENEWAL
Steve Wilgermein
84 Park Hill Avenue
Yonkers, New York 10701
City of Yonkers RENEWAL
Meghan Turnbull
2535 Cambreling Avenue 2R
Bronx, New York 10458
Assemblyman Spano NEW
Kerry Bello
1 Georgia Avenue 2A
Yonkers, New York 10708
Assemblyman Spano NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
21
RESOLUTION (CONTINUED)
Laurine A. Porter
43 Pier Street
Yonkers, New York 10705
Andrus Children Center NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
22
RESOLUTION
12. BY: COUNCILMEMBER GRONOWSKI, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER
MURTAGH, COUNCILMEMBERS TERRERO, SHEPHERD AND
LARKIN;
WHEREAS, St. John’s Riverside Hospital has an up coming “Tag
Sale” event May 22, 2010. St. John’s Riverside Hospital has requested
permission from the City Council to place a banner in an area promoting
this event, and
WHEREAS, St. John’s Riverside Hospital has asked that they be
permitted to place one (1) banner on the corner of North Broadway and
Gateway Road or a destination near and by on or before May 12, 2010
and to be removed as soon after May 22, 2010 as is possible.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to St. John’s Riverside Hospital
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, MAY 11, 2010
23
RESOLUTION
13. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the City of Yonkers is a “host community” for
video lottery terminals located at Empire City; and
WHEREAS, the Video Lottery Terminals bring enormous
benefits to the State of New York in the form of additional
dollars to education; and
WHEREAS, under the current state finance statute, a
“host community” is entitled to 3.5% of the "estimated net
machine income" generated by a video lottery gaming facility
located in such eligible city with a cap at $20 million; and
WHEREAS, Senator Jeff Klein and Assemblyman
Michael Spano and have introduced Senate Bill S.1869 and
Assembly Bill A5403 an act which amends the state finance law
starting on April 1, 2010 and for each state fiscal year
thereafter, to allow “host communities” to receive state aid
payment equal to seven percent of the "estimated net machine
income" generated by a video gaming facility located in the
eligible city or forty (40) million dollars, whichever shall be
greater; and
WHEREAS, the effect of this bill would be to eliminate
the arbitrary cap and allow the funding formula to provide the
maximum benefit to the local community it was designed to
help; and
WHEREAS, the elimination of this arbitrary cap could
provide a $1.2 million benefit to the City of Yonkers, this year
alone.
NOW THEREFORE, BE IT RESOLVED, that the City
Council of the City of Yonkers hereby declares that the
enactment of Senate Bill S.1869 and Assembly Bill A 5403 to
amend the state finance law is in the best interest of the City
and is essential to improving the City’s financial stability and
independence; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
24
RESOLUTION (CONTINUED)
BE IT FURTHER RESOLVED, the City Council of
Yonkers strongly urges the State Senate and Assembly to pass
this important legislation and for Governor Paterson to sign it
into law; and
ALSO RESOLVED, that the City Council requests the
City Clerk to forward a copy of this Resolution to the Legislature
of the State of New York and Governor Paterson requesting the
passage of the aforesaid bills.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
25
COMMITTEE REPORTS
