AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 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 May 25, 2010 approved on motion of
Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
2
INDEX
OLD BUSINESS
ITEM DESCRIPTION PAGE
1. RES – HONORARY STREET RENAMING 8/9
“BISHOP ERNEST HAIRSTON WAY”
NEW BUSINESS
2. SPECIAL ORDINANCE – CON-ED (DEVOE AVE) 10
3. SPECIAL ORDINANCE – CON-ED (POST ST) 11
4. SPECIAL ORDINANCE – CON-ED (WESTERLY ST) 12
5. SPECIAL ORDINANCE – CON-ED (MCLEAN AVE) 13
6. SPECIAL ORDINANCE – CON-ED (RUGBY RD) 14
7. SPECIAL ORDINANCE – CON-ED (SHONNARD PL) 15
8. SPECIAL ORDINANCE – CON-ED (BELMONT PL) 16
9. SPECIAL ORDINANCE – RIGHT OF WAY 17/18
McLEAN AVENUE
10. SPECIAL ORDINANCE – GRANT - NYS HOMELAND 19
SECURITY ($50,000.00) POLICE DEPT
11. RES – AUTHORIZING MAYOR TO EXECUTE GRANT 20
FROM NYS HOMELAND SECURITY ($50,000.00)
12. RES – SPECIAL USE PERMIT 380 SAW MILL RIVER 21/22
13. RES – SPECIAL USE PERMIT 54-56 WARBURTON
AVENUE 23/24
14. RES – SPECIAL USE PERMIT- PARKING
54-56 WARBURTON AVENUE 25/27
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
3
INDEX (CONTINUED)
ITEM DESCRIPTION PAGE
15. RES – SETTLEMENT – YARASHEVICH ($1,000.00) 28
16. RES – SETTLEMENT – FRIERE ($2,411.94) 29
17. RES – SETTLEMENT – CHIEFFA ($4,000.00) 30
18. RES – COMMISSIONER OF DEEDS 31
19. RES – COMMUNITY DEVELOPMENT APPT. 32
JULIUS WALLS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
4
COMMUNICATIONS FROM CITY OFFICIALS
1. A LETTER DATED MAY 26, 2010 TO COUNCIL PRESIDENT
LESNICK, FROM THE PLANNING BUREAU RE: SPECIAL USE PERMIT
LIVE WORK BUILDING KNOW AS 54 AKA 56 WARBURTON AVENUE
2. FROM THE PLANNING BUREAU, DATED MAY 27, 2010 ISSUING
NOTICE TO DETERMINE LEAD AGENCY PURSUANT TO THE
REQUIREMENTS OF STATE ENVIRONMENTAL QUALITY REVIEW
ACT (SEQRA) RE: JFK & TREVOR PARK IMPROVEMENTS.
ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
5
COMMUNICATIONS - GENERALLY
1. FROM THE TOWN BOARD OF THE TOWN OF GREENBURGH DATED
JUNE 1, 2010 RE: A PUBLIC HEARING AT GREENBURGH TOWN
HALL, 177 HILLSIDE AVENUE, GREENBURGH, NEW YORK, 10607 ON
WEDNESDAY, JUNE 9, 2010 AT 8:30 PM IN REGARDS TO THE
PROPERTY KNOWN AS 333 SAW MILL RIVER ROAD.
ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
6
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
7
PUBLIC HEARING
PROPOSED RESOLUTION
A PUBLIC HEARING FOR THE CONSIDERATION OF ADDING THE
HONORARY STREET RENAMING OF “BISHOP ERNEST HAIRSTON
WAY” ON KENMORE STREET, BETWEEN POTOMAC AND DUNBAR
STREETS;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
8
OLD BUSINESS
RESOLUTION
1. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the late BISHOP ERNEST HAIRSTON and his loving
wife Lucille resided in Yonkers on Runyon Avenue for over 40 years
where they raised their two children and grandchildren; and
WHEREAS, BISHOP ERNEST HAIRSTON graduated from Kimball
High School in the mid-west, attended Aenon Bible Institute in Aenon,
Ohio, received a BA from SUNY Purchase College and a Doctorate of
Theology at Manhattan Bible Institute; and
WHEREAS, BISHOP HAIRSTON served at the Strait Gate
Apostolic Church in Mamaroneck, NY under the leadership of the late
Bishop Powell, thereafter being called to serve the Runyon Heights
Community and the very fine people of The Kings Highway Apostolic
Church as Pastor at 36 Kenmore Street in Yonkers for 38 years; and
WHEREAS, for 38 years not only did BISHOP HAIRSTON provide
spiritual guidance for the Runyon Heights community his heart was filled
with love and compassion opening his home to a host of congregational
and neighborhood children along with orchestrating food drives for the
needy and toy drives for the underprivileged children of Yonkers; and
WHEREAS, BISHOP HAIRSTON assisted many churches
throughout our, City, State, and Nation in their infancy by donating chairs,
organs, pews, lights, transportation and so much more; and
WHEREAS, it is with great sadness that the City Council
recognizing the passing of BISHOP ERNEST HAIRSTON and know that
his accomplishments in the City of Yonkers will greatly be remembered.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby directs the City Clerk to set a public hearing date
for the consideration of adding the honorary street naming of “BISHOP
ERNEST HAIRSTON WAY” on Kenmore Street, between Potomac and
Dunbar Streets; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
9
RESOLUTION (CONTINUED)
BE IT FURTHER RESOLVED, that the City Council requests that
the Administration have the Traffic Engineering Department make and
affix signs at the appropriate street corners designating the honorary
naming; and
BE IT FURTHER RESOLVED, that this Resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 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 GRANTING TO CON EDISON A PERMIT
TO INSTALL A NEW CONDUIT AND RELATED SERVICES AT
DEVOE AVENUE 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 143 linear feet
and to install a new conduit and related services at Devoe Avenue,
Yonkers, N.Y. in accordance with Drawing Number Z09-6978-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 143 linear feet to install a new conduit
and related services at Devoe Avenue, Yonkers, N.Y.
Section 2. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
11
SPECIAL ORDINANCE
3. 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
POST STREET, 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 115 linear feet
and to install a new conduit and related services at Post Street, Yonkers,
N.Y. in accordance with Drawing Number Z09-6991-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 115 linear feet to install a new conduit
and related services at Post Street, Yonkers, N.Y.
Section 2. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
12
SPECIAL ORDINANCE
4. 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
WESTERLY STREET, 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 189 linear feet
and to install a new conduit and related services at Westerly Street,
Yonkers, N.Y. in accordance with Drawing Number Z09-6980-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 189 linear feet to install a new conduit
and related services at Westerly Street, Yonkers, N.Y.
Section 2. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
13
SPECIAL ORDINANCE
5. 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
MCLEAN AVENUE /LOUDOUN PLACE 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 168 linear feet
and to install a new conduit and related services at Mclean Avenue /
Loudoun Place, Yonkers, N.Y. in accordance with Drawing Number Z09-
06305-011; 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 168 linear feet to install a new conduit
and related services at McLean Avenue / Loudoun Place, Yonkers, N.Y.
Section 2. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
14
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
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, JUNE 8, 2010
15
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
SHONNARD PLACE 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 560 linear feet
and to install a new conduit and related services at Shonnard Place,
Yonkers, N.Y. in accordance with Drawing Number Z09-6985-03WCY;
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 560 linear feet to install a new conduit
and related services at Shonnard Place, Yonkers, N.Y.
Section 2. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
16
SPECIAL ORDINANCE
8. 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
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 Belmont Place,
Yonkers, N.Y. in accordance with Drawing Number P09-7322-2WCY; 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, JUNE 8, 2010
17
SPECIAL ORDINANCE
9. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A SPECIAL ORDINANCE AUTHORIZING AN ENCROACHMENT IN THE
RIGHT-OF-WAY ON MCLEAN AVENUE SUBJECT TO CERTAIN
TERMS AND CONDITIONS.
The City of Yonkers, in City Council convened, hereby ordained
and enacts:
Section 1. Permission is hereby granted to 931 McLean Avenue
Sunoco Station, by Kheevee Enterprises, Inc., as owner of 931 Mclean
Avenue, Yonkers, New York, being designated as Section 6, Block 6237,
Lot 1 on the Official City of Yonkers Tax Map (the “Property”), to construct
and maintain an encroachment (install planters) upon the City right-of-way
located on McLean Avenue in accordance with and as shown on a survey
to be approved by the City Engineer and the Director of the Bureau of
Housing and Buildings.
Section 2. This permission is granted subject to the following
terms and conditions, to wit:
(a) That the entire cost and expense of obtaining and thereafter
maintaining the encroachment on McLean Avenue shall be paid by
its successors and/or assigns without expense to or contribution by the
City of Yonkers; furthermore in consideration for said encroachment the
owner agrees to pay the City of Yonkers $700 per annum , payable upon
approval of this ordinance and there after every January 1, for as long as
this encroachment shall remain in force.
(b) That neither the approval of the above-referred survey by the
appropriate city official, nor the placement of any improvements by the
owner of 931 McLean Avenue upon said encroachment, shall be deemed
a waiver or in any way affect the right of the City of Yonkers to provide for
construction or otherwise improve its right-of-way; provided further that the
City of Yonkers reserves the right to assess the property benefited in like
manner and in like effect as if approval had not been given by the City of
Yonkers. That the granting of this permission shall in no way free or
release said owner or any successors or assigns from the payment of any
assessment hereafter imposed;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
18
SPECIAL ORDINANCE (CONTINUED)
(c) That no permanent improvements will be allowed in the
encroachment area;
(d) That the owner, its successors and/or assigns, shall secure all
necessary permits and consents and shall secure and maintain
a property damage and public liability insurance policy naming the City of
Yonkers as insured, or as an additional named insured in the amount and
form satisfactory to the City Engineer and the Corporation Counsel of the
City of Yonkers and provide the City with evidence thereof within thirty
(30) days of approval of this encroachment;
(e) The City of Yonkers reserves the right to revoke or terminate this
permission for whatever reason, upon thirty (30) days written notice to the
owner, whenever it may deem such revocation necessary; Upon
revocation or termination of this permission, the owner, her successors or
assigns shall immediately remove any improvement placed within said
encroachment at the express direction of the City and at the owners cost
and expense;
(f) That the owner, its successors and/or assigns shall, for the duration
of the encroachment, save harmless and indemnify the City of Yonkers for
any and all claims, actions, suits, judgments arising out of or related to this
encroachment, etc., including all costs associated with the defense
thereof;
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
19
SPECIAL ORDINANCE
10. 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 Police
Department for a grant from N.Y.S. Homeland Security Office, for purpose
of Explosive Detection Canine Team.
Increase Estimated Revenues
NYS Homeland Security 049-G16-3071-3436 $50,000
Increase Appropriation
Police – Special Projects 049-G16-3071-0496 $50,000
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, JUNE 8, 2010
20
RESOLUTION
11. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the New York State Office of Homeland Security has
selected the City of Yonkers to receive a $50,000 grant to acquire a new
canine team dedicated to the detection of explosives and the supplies
necessary for the training and care of canines and the canine team plus
the purchase of a dedicated canine CBRNE response vehicle; and
WHEREAS, in order to receive the grant funds, the City of Yonkers
must execute an agreement with the State of New York entitled “2009
Explosive Detection Canine Team” Grant WM09154099 and file it with the
New York State Office of Homeland Security, and no matching funds are
required in order to receive this grant; and
WHEREAS, the Mayor of the City of Yonkers, or his designee, is
hereby authorized to execute such grant agreement with the
aforementioned New York State Office of Homeland Security, in order to
provide such funds to the Police Department of the City of Yonkers; and
NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City
of Yonkers, or his designee, is hereby authorized to execute the grant
agreement with the New York State Office of Homeland Security to
receive the $50,000 grant for the canine team dedicated to the detection
of explosives and for the supplies necessary for the training and care of
canines and canine teams and the purchase of a dedicated canine
CBRNE vehicle, with no matching funds paid by the City of Yonkers; and
be it further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
21
RESOLUTION
12. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
RESOLUTION TO APPROVE THE SPECIAL USE PERMIT FOR
PLANNED NEIGHBORHOOD COMMERCIAL DEVELOPMENT
KNOWN AS 380 SAW MILL RIVER ROAD, BLOCK 2365, LOTS 1,
3, 6, 7, AND 12 PURSUANT TO ARTICLE IX AND ARTICLE VII
OF CHAPTER 43 OF THE YONKERS CITY CODE.
WHEREAS, the owner of the property located at 380 Saw Mill River
Road, more properly known as Block 2365, Lots 1, 3, 6, 7 and 12 on the
Tax Assessment Map of the City of Yonkers has submitted an application
seeking review and approval of a Site Plan as well as the review and
granting of a Special Use Permit for a Planned Neighborhood Commercial
Development at the aforementioned site; and
WHEREAS, the Planning Board on December 9, 2009 and May 19,
2010 after due consideration and in accordance with Article VII and Article
IX of the Zoning Code of the City of Yonkers, approved the Site Plan and
granted the Special Use Permit; and
WHEREAS, pursuant to Chapter 43, Section 43-55 of the Code of
the City of Yonkers, the Planning Board’s decision to grant the Special
Use Permit was referred to the City Council for review and approval,
denial or approval with modification; and
WHEREAS, after due consideration and pursuant to Section 43-55
of the Zoning Code, it is in the best interest of the City to approve the
entirety of the Planning Board’s decision and amended decision to grant
the Special Use Permit with a modification that limits the location of the
employee parking as follows:
The Employees of the proposed retail component of the project are
required to park on the nearby commercial streets or at the Yonkers
Parking Authority lot designated by the Planning Board.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
22
RESOLUTION (CONTINUED)
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
the City of Yonkers, in a meeting assembled and pursuant to Section 43-
55 of the Zoning Code, hereby approves the decision and the amended
decision of the Planning Board to grant the Special Use Permit for a
Planned Neighborhood Commercial Development.; located at 380 Saw
Mill River Road, more properly known as Block 2365, Lots 1, 3, 6, 7 and
12 on the Tax Assessment Map of the City of Yonkers with a modification
that limits the location of the employee parking as follows:
The Employees of the proposed retail component of the project are
required to park on the nearby commercial streets or at the Yonkers
Parking Authority lot designated by the Planning Board.
AND BE IT FURTHER RESOLVED, that this Resolution, with the
above mentioned modification, shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
23
RESOLUTION
13. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
RESOLUTION TO APPROVE THE SPECIAL USE PERMIT FOR A LIVEWORK
BUILDING KNOWN AS 54 AKA 56 WARBURTON AVENUE,
BLOCK 2017, LOTS 3, 5, 6, 7, 8, AND 20-24 PURSUANT TO ARTICLE
VII OF CHAPTER 43 OF THE YONKERS CITY CODE.
WHEREAS, the owner of the property located at 54 AKA 56
Warburton Avenue, more properly known as Block 2017, Lots 3,5,6,7,8,
and 20 - 24 on the Tax Assessment Map of the City of Yonkers has
submitted an application seeking review and approval of a Site Plan and
the review and granting of a Special Use Permit for a Live-Work Building
at the aforementioned site; and
WHEREAS, on May 19, 2010, after due consideration and in
accordance with Article VII and Article IX of the Code of the City of
Yonkers, the Planning Board approved the Site Plan and granted the
Special Use Permit; and
WHEREAS, pursuant to Chapter 43, Section 43-55 of the Code of
the City of Yonkers, the Planning Board’s decision to grant the Special
Use Permit was referred to the City Council for review and approval; and
WHEREAS, after due consideration, it is in the best interest of the
City to approve the Planning Board’s decision to grant the Special Use
Permit.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the
City of Yonkers, in meeting assembled, hereby approves the Planning
Board’s decision to grant the Special Use Permit for a Live Work Building
located at 54 AKA 56 Warburton Avenue, more properly known as Block
2017, Lots 3,5,7,8 and 20-24 on the Tax Assessment Map of the City of
Yonkers; and be it further
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
24
RESOLUTION (CONTINUED)
RESOLVED, that this Resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
25
RESOLUTION
14. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
RESOLUTION TO APPROVE THE DECISION OF THE YONKERS
PLANNING BOARD TO GRANT A SPECIAL USE PERMIT TO PROVIDE
FOR ALTERNATE METHOD OF PARKING AND TO ACCEPT A CASH
PAYMENT TO THE CITY OF YONKERS PARKING RESERVE FUND
FOR A FEE IN LIEU OF PARKING FOR A PROPOSED LIVE-WORK
BUILDING KNOWN AS 54 AKA 56 WARBURTON AVENUE, BLOCK
2017, LOTS 3, 5, 6, 7, 8, AND 20-24 PURSUANT TO RELEVANT
SECTIONS OF CHAPTER 43 OF THE YONKERS CITY CODE.
WHEREAS, the owner of the property located at 54 AKA 56
Warburton Avenue, more properly known as Block 2017, Lots 3, 5, 6, 7, 8
and 20-24 on the Tax Assessment Map of the City of Yonkers has
submitted an application for Site Plan Review and a Special Use Permit
for a Live-Work building at the aforementioned site to the Planning Board
which was approved by the Planning Board in accordance with Article VII,
§43-78 (C) and Article IX of the Zoning Code of the City of Yonkers; and
WHEREAS, the proposed development of the Live-Work building is
intended to help revitalize and improve the overall character and vitality of
the Warburton Avenue corridor, to make traffic and parking improvements,
to encourage orderly development, and to improve the physical
appearance and function of the area while encouraging public and private
investment that is consistent with the sustainability goals and aspirations
of the community; and
WHEREAS, the applicant is seeking the approval of a special use
permit for an alternate method of providing parking with the payment of a
one time fee in lieu of parking in accordance with §43-132 of the Zoning
Code; this request is submitted to this Council after having been reviewed,
considered and approved by the Planning Board; and
WHEREAS, the proposed Live-Work building is located adjacent to
the core urban area of the City where adequate public transportation
exists, including access to the Bee Line bus system and the Metro North
Commuter Railroad; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
26
RESOLUTION (CONTINUED)
WHEREAS, the proposed project includes 105 dwelling units of
affordable live-work rental apartments, to be developed in two phases;
Phase I will include the development of 95 new units and Phase II, located
in the Philipse Manor Historic District, will restore the existing buildings to
include 10 residential units and maintain the approximate 10,000 square
feet of on-site retail space; and
WHEREAS, the project will provide one parking space per dwelling
unit, or 105 spaces, consistent with the Zoning Code, with seven of those
spaces on site and the remaining 98 spaces constructed in a proposed
public parking facility to be erected on the western side of Warburton
Avenue, directly across from the project; and
WHEREAS, the City Council’s approval of the fee in lieu of parking,
and the construction of the proposed public parking facility, will contribute
to the orderly development of the area of Warburton Avenue and allow for
the development of the specific live-work site; and
WHEREAS, pursuant to Section 43-132 of the Zoning Code, the
Planning Board has set the fee in lieu of parking to be not less than
$25,000 and not more than $30,000 per parking space, which is in line
with expected costs for the construction of structured parking in Yonkers;
and
WHEREAS, the City Council of the City of Yonkers, after due
consideration of the records of the Planning Board, and other factors such
as the proximity of access to the Metro North Commuter Railroad, and the
additional off-street parking offered by the proposed public parking facility,
finds that approving, subject to the conditions set forth below, the granting
of the Special Use Permit for the alternative method of providing parking
by accepting a fee in lieu of parking for the proposed Live-Work building is
in the best interest of the City of Yonkers.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers, in meeting assembled, that the Planning Board’s approval
of the proposed Special Use Permit for alternate methods of providing
parking by accepting the payment of a fee in lieu of parking for Block
2017, Lots 3, 5 ,6 ,7, 8, and 20-24 on the Tax Assessment Map of the City
of Yonkers, on the property known as 54 AKA 56 Warburton Avenue,
Yonkers, New York, is hereby approved and granted, subject to the
conditions set forth below; and be it further
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
27
RESOLUTION (CONTINUED)
RESOLVED, that, notwithstanding Sections 43-132(B)(1) and 43-
133(A)(2) of the Zoning Code, this approval and the acceptance of the fee
in lieu of parking is expressly conditioned upon the construction of the
proposed public parking facility to be erected on the western side of
Warburton Avenue directly across from the proposed Live-Work building
and; be it further
RESOLVED, that the Mayor, or his designee, is hereby authorized
to enter into an agreement, subject to the approval of the Corporation
Counsel, setting forth and memorializing the obligations pertaining to and
required by this approval; and be it further
RESOLVED, that all of the conclusions, findings and conditions of
the May 19, 2010, Planning Board Resolution regarding the proposed
payment fee in lieu of parking which are referred to herein are hereby
referenced to and made a part hereof; and be it further
RESOLVED, that this Resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
28
RESOLUTION
15. 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 THOUSAND DOLLARS AND NO CENTS ($1,000.00) of the action
entitled, "Yury Yarashevich, plaintiff against THE CITY OF YONKERS,
Defendant", for property damage arising out of an alleged accident
alleging that on December 21, 2009, plaintiff’s vehicle was rear ended by
a City vehicle on Main St. and North Broadway Yonkers, be and the same
hereby is approved and the Comptroller of the City of Yonkers is directed
to draw his warrant in the amount of ONE THOUSAND DOLLARS AND
NO CENTS ($1,000.00) in favor of said plaintiff.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
29
RESOLUTION
16. 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 TWO
THOUSAND FOUR HUNDRED ELEVEN AND 94/100 Dollars ($2,411.94)
of the action entitled, "Government Employees Insurance Company a/s/o
Caroline Freire, plaintiffs, against City of Yonkers, Defendant," for property
damage arising out of an alleged incident when a City of Yonkers truck hit
a legally parked car on 34 Ball Avenue, 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 TWO THOUSAND FOUR
HUNDRED ELEVEN AND 94/100 Dollars ($2,411.94) of in favor of said
plaintiffs.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
30
RESOLUTION
17. 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
FOUR THOUSAND DOLLARS ($4,000.00) of the action entitled,
"CHARLOTTE CHIEFFA, (residing at 186 Westminister Drive, Yonkers,
New York) plaintiff against THE CITY OF YONKERS, Defendant", for
property damage arising out of an alleged incident where a tree fell on the
plaintiff’s home, 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
FOUR THOUSAND DOLLARS ($4,000.00) in favor of said plaintiff and
her attorney Andrew J. Spinell, Esq. (286 Madison Avenue, New York,
New York 10017)
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
31
RESOLUTION
18. 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 July 31, 2012.
Debbie Vazquez
720 Kimaball Avenue 720
Yonkers, New York 10704
Retired NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
32
RESOLUTION
19. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
BE IT RESOLVED that the Yonkers City Council hereby gives
It’s advice and consent to the appointment of Julius Walls, to the
Board of the Yonkers Community Development Agency, for a four year
term commencing on January 1, 2010, and expiring on December 31,
2013.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, JUNE 8, 2010
33
COMMITTEE REPORTS
