Board of Contract and Supply (BOCS)
Monthly Meeting
9/29/2010 10:30 AM - 11:00 AM
Mayor's Reception Room
City Hall, 40 South Broadway
Yonkers, New York 10701
NO AGENDA AVAILABLE AT TIME OF POSTING
Tuesday, September 28, 2010
Monday, September 27, 2010
Zoning Board of Appeals 9/28/2010 6:00 PM
Zoning Board of Appeals
9/28/2010 6:00 PM
City Council Chambers
City Hall-4th Floor
Yonkers, New York 10701
** NOTE: NEW DATE
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, SEPTEMBER 28, 2010 at 6:00 P.M. sharp, in the Ceremonial Courtroom, 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:
#5240 – Area Variance – Andrew Romano, Esq., on behalf of Sandra Raymond (owner), on premises known as 17 Sunnybrook Road, Block: 5398, Lot: 24, Zone: “S-200”.
CONTINUED HEARINGS:
# 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”.
# 5231 – Use & Area Variance – Veneruso, Curto, Schwartz & Curto, LLP on behalf of Blue Real Estate Holdings, LLC (owner), to construct a new 15-story 220 unit residential apartment building with 4,500 sq.ft. retail space. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1 (accessory parking for business use in MG zone). Exceeding maximum permitted floor area ratio, as per Section 43-27, Table 43-3 (required 3.00; proposed 6.10+/-). Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 112.5’; proposed 165.1’+/-). Insufficient front yard, as per Section 43-27 & Table 43-3 (required 10’; proposed 1”+/- (Yonkers Avenue)). Parking within the minimum front yard is not permitted, as per Section 43-133(A)1. Parking within the minimum side yard is not permitted, as per Section 43-133(A)1. Insufficient parking aisle width, as per Section 43-134.A.12) (required 24’-0; proposed 0’ for tandem parking spaces & 10’+/- for open-air parking space). Exceeding maximum permitted building coverage, as per Section 43-27, Table 43-3 (required 40% for residential; proposed 53%+/-). Fences and walls, including retaining 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 within any other required yard setback, as per Section 43-41.D.3.a). (9’-6” & 8’-2”+/- high proposed), on premises known as 1217 Yonkers Avenue, Block: 6383 Lots: 6, 8, 9, 10, 14, 15, 17, 19, 22, 24-27, Zone: “BA” & “MG”.
NEW HEARINGS:
#5242 – Area Variance – Andrew Romano, Esq., on behalf of Benito Lopez (owner), for interior alterations to convert existing 1-family and dentist office to a 4-family multiple dwelling. Having insufficient side yard, Section 43-27, Table 43-3 (required 16/32, proposed 3.96/16.46). Insufficient driveway width: required 20 ft. to 30 ft.; proposed less than 12.5 ft., Reference YZO 43-121.D(4), Illustration 28. And insufficient front yard, Section 43-27 and Table 43-3 (required 25 ft., proposed 20.5 ft.), on premises known as 251 Valentine Lane, Block: 124, Lot: 58, Zone: “A”.
#5243 – Area Variance – Andrew Romano, Esq., on behalf of Paul Oteri (owner), for interior alterations to convert office space into retail space. Having insufficient parking, Section 43-128 and Table 43-4 (1 additional space required, 0 spaces proposed), on premises known as 1022 a/k/a 1024 Yonkers Avenue, Block: 6163, Lot: 12, Zone: “B”.
#5244 – Area Variance & Improvement & Intensification to a Non-Conforming Use – Andrew Romano, Esq., on behalf of Jeffrey Lebron (owner), to permit dormers on the second floor and re-configure rooms on the first floor of an existing 2-family dwelling. Whereas, improvement to a non-conforming use requires Zoning Board of Appeals approval as per Section 43-21.G) (2-family use in an S-50 Zone). A non-conforming use shall not be enlarged, intensified, altered structurally or extended without Zoning Board of Appeals approval as per Section 43-21.B.1 and 43-21.B.2). Exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 0.75, proposed 0.81). Plans appear to violate Section 43-34H(a) – side setback plane requirements – Variance required. Plans submitted violate Section 43-34H(a) – side wall articulation – Variance required, on premises known as 475 Kimball Avenue, Block: 6359, Lot: 24, Zone: “S-50”.
#5245 – Area Variance – Taffy Williams (owner), on behalf of herself, to construct a 1-story addition in rear yard and build entrance with foyer and side garage, side patio at grade level and basement extension to an existing 1-family dwelling. Having insufficient front yard, Section 43-27, Table 43-3 (required 20’-3” +/- per plot plan, proposed 15’-9” +/- front vestibule and 18’-0” +/- to front bay window). Insufficient side yard, Section 43-27, Table 43-3 (required 6’-0”, proposed 0’-6” to proposed garage (south side)). Insufficient side yard to proposed patio Section 43-41(A)(2) (3’-0” minimum required, proposed 0’-6”). Insufficient side yard to deck over proposed garage, Section 43-41(A)(2), (required 6’-0”, proposed 0’-6”). Insufficient side yard; Section 43-27, Table 43-3 (required 14’-6”, proposed 10’-0” +/- scaled to proposed addition). Insufficient total side yard Section 43-27, Table 43-3 (required 15 feet, proposed 6’ feet (south side); 10’-6” proposed (north side). Exceeds maximum driveway slope 15% maximum; 16% provided, on premises known as 191 Westchester Avenue, Block: 4573, Lots: 10 & 12, Zone: “S-50”.
#5246 – Area Variance – Whitelaw Architects, on behalf of 333 Bronx River Tenants Corp. (owners), to remove an in-ground swimming pool and deck and install new fence and retaining walls. Whereas, fences and walls, including retaining 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 (ref. Yonkers Zoning Ordinance 43-41.D.3.a). Proposed fence is 8’ high. Proposed retaining wall is 7.75’ high, on premises known as 333 Bronx River Road, Block: 6307, Lot: 150, Zone: “A”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
9/28/2010 6:00 PM
City Council Chambers
City Hall-4th Floor
Yonkers, New York 10701
** NOTE: NEW DATE
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, SEPTEMBER 28, 2010 at 6:00 P.M. sharp, in the Ceremonial Courtroom, 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:
#5240 – Area Variance – Andrew Romano, Esq., on behalf of Sandra Raymond (owner), on premises known as 17 Sunnybrook Road, Block: 5398, Lot: 24, Zone: “S-200”.
CONTINUED HEARINGS:
# 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”.
# 5231 – Use & Area Variance – Veneruso, Curto, Schwartz & Curto, LLP on behalf of Blue Real Estate Holdings, LLC (owner), to construct a new 15-story 220 unit residential apartment building with 4,500 sq.ft. retail space. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1 (accessory parking for business use in MG zone). Exceeding maximum permitted floor area ratio, as per Section 43-27, Table 43-3 (required 3.00; proposed 6.10+/-). Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 112.5’; proposed 165.1’+/-). Insufficient front yard, as per Section 43-27 & Table 43-3 (required 10’; proposed 1”+/- (Yonkers Avenue)). Parking within the minimum front yard is not permitted, as per Section 43-133(A)1. Parking within the minimum side yard is not permitted, as per Section 43-133(A)1. Insufficient parking aisle width, as per Section 43-134.A.12) (required 24’-0; proposed 0’ for tandem parking spaces & 10’+/- for open-air parking space). Exceeding maximum permitted building coverage, as per Section 43-27, Table 43-3 (required 40% for residential; proposed 53%+/-). Fences and walls, including retaining 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 within any other required yard setback, as per Section 43-41.D.3.a). (9’-6” & 8’-2”+/- high proposed), on premises known as 1217 Yonkers Avenue, Block: 6383 Lots: 6, 8, 9, 10, 14, 15, 17, 19, 22, 24-27, Zone: “BA” & “MG”.
NEW HEARINGS:
#5242 – Area Variance – Andrew Romano, Esq., on behalf of Benito Lopez (owner), for interior alterations to convert existing 1-family and dentist office to a 4-family multiple dwelling. Having insufficient side yard, Section 43-27, Table 43-3 (required 16/32, proposed 3.96/16.46). Insufficient driveway width: required 20 ft. to 30 ft.; proposed less than 12.5 ft., Reference YZO 43-121.D(4), Illustration 28. And insufficient front yard, Section 43-27 and Table 43-3 (required 25 ft., proposed 20.5 ft.), on premises known as 251 Valentine Lane, Block: 124, Lot: 58, Zone: “A”.
#5243 – Area Variance – Andrew Romano, Esq., on behalf of Paul Oteri (owner), for interior alterations to convert office space into retail space. Having insufficient parking, Section 43-128 and Table 43-4 (1 additional space required, 0 spaces proposed), on premises known as 1022 a/k/a 1024 Yonkers Avenue, Block: 6163, Lot: 12, Zone: “B”.
#5244 – Area Variance & Improvement & Intensification to a Non-Conforming Use – Andrew Romano, Esq., on behalf of Jeffrey Lebron (owner), to permit dormers on the second floor and re-configure rooms on the first floor of an existing 2-family dwelling. Whereas, improvement to a non-conforming use requires Zoning Board of Appeals approval as per Section 43-21.G) (2-family use in an S-50 Zone). A non-conforming use shall not be enlarged, intensified, altered structurally or extended without Zoning Board of Appeals approval as per Section 43-21.B.1 and 43-21.B.2). Exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 0.75, proposed 0.81). Plans appear to violate Section 43-34H(a) – side setback plane requirements – Variance required. Plans submitted violate Section 43-34H(a) – side wall articulation – Variance required, on premises known as 475 Kimball Avenue, Block: 6359, Lot: 24, Zone: “S-50”.
#5245 – Area Variance – Taffy Williams (owner), on behalf of herself, to construct a 1-story addition in rear yard and build entrance with foyer and side garage, side patio at grade level and basement extension to an existing 1-family dwelling. Having insufficient front yard, Section 43-27, Table 43-3 (required 20’-3” +/- per plot plan, proposed 15’-9” +/- front vestibule and 18’-0” +/- to front bay window). Insufficient side yard, Section 43-27, Table 43-3 (required 6’-0”, proposed 0’-6” to proposed garage (south side)). Insufficient side yard to proposed patio Section 43-41(A)(2) (3’-0” minimum required, proposed 0’-6”). Insufficient side yard to deck over proposed garage, Section 43-41(A)(2), (required 6’-0”, proposed 0’-6”). Insufficient side yard; Section 43-27, Table 43-3 (required 14’-6”, proposed 10’-0” +/- scaled to proposed addition). Insufficient total side yard Section 43-27, Table 43-3 (required 15 feet, proposed 6’ feet (south side); 10’-6” proposed (north side). Exceeds maximum driveway slope 15% maximum; 16% provided, on premises known as 191 Westchester Avenue, Block: 4573, Lots: 10 & 12, Zone: “S-50”.
#5246 – Area Variance – Whitelaw Architects, on behalf of 333 Bronx River Tenants Corp. (owners), to remove an in-ground swimming pool and deck and install new fence and retaining walls. Whereas, fences and walls, including retaining 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 (ref. Yonkers Zoning Ordinance 43-41.D.3.a). Proposed fence is 8’ high. Proposed retaining wall is 7.75’ high, on premises known as 333 Bronx River Road, Block: 6307, Lot: 150, Zone: “A”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
CITY COUNCIL OF THE CITY OF YONKERS STATED MEETING TUESDAY, SEPTEMBER 28, 2010 at 8pm
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 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 September 15, 2010 approved on motion
of Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
2
INDEX
OLD BUSINESS
ITEM DESCRIPTION PAGE
1. SPECIAL ORDINANCE – LONG HOUSE 7/8
CONNECTION – 61 GIBSON AVE
2. SPECIAL ORDINANCE – LONG HOUSE 9/10
CONNECTION – 65 GIBSON AVE
NEW BUSINESS
3. LOCAL LAW – “ENTITLED POLICE” – PUBLIC 11/19
NUISANCE ABATEMENT
4. GENERAL ORDINANCE – CODE AMENDMENT 20/21
DEFINITIONS AND USES
5. SPECIAL ORDINANCE – LONG HOUSE 22/23
CONNECTION – 18 PROSPECT TERRACE
6. RES – INTER-MUNICIPAL AGREEMENT 24
RAPID RESPONSE PLAN
7. RES – REQUESTING PASSAGE OF STATE 25/26
LEGISLATION – CIVIL SERVICE LAW
8. RES – REAPPOINTMENT LANDMARKS BOARD 27
DONNA INGRAHAM
9. RES – REAPPOINTMENT LANDMARKS BOARD 28
BOB YEDOWITZ
10. RES – BANNER – NEPERA PARK TAG SALE 29
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
3
RECEPTION OF PETITIONS
PETITIONER: ANDREW J. BALINT, ESQ.
PROPERTY: FERNCLIFF MANOR, INC.
1154 SAW MILL RIVER ROAD
ZONE CHANGE: TEXT CHANGE – DEFINITION OF “DAY CARE
CENTER”.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
4
COMMUNICATIONS FROM CITY OFFICIALS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
5
COMMUNICATIONS - GENERALLY
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
6
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
7
OLD BUSINESS
RESOLUTION
1. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
AN ORDINANCE AUTHORIZING AND PERMITTING THE PROPERTY
OF 61 GIBSON PLACE. BLOCK 51 LOT (S) 11 TO MAKE A LONG
HOUSE CONNECTION TO THE CITY'S SANITARY SYSTEM IN
COURTER AVE. (NO EXPENSE TO THE CITY OF YONKERS).
The City of Yonkers, in City Council convened, hereby ordains and
enacts:
Section 1. Permission is hereby granted to the property owner of
61 GIBSON PL., Block 51 Lot(s) 11 to make a long house sanitary sewer
connection from said lot to a city sanitary sewer in Rigby Street at his
own cost and expense and in accordance with the plan submitted by
STEVEN A. COSTA, P.E. # 64369 dated 12/29/2009, filed in the
Plumbing Division, subject to the conditions of a Plumbing Permit to be
secured from the Plumbing Division and a street opening permit to be
secured from the City Engineer.
Section 2. This permission is granted under the following terms
and conditions, to wit:
The granting of this permission shall, in no way, free or release the
said owner, or his successors, from the payment of any assessments or
benefits accruing to said lot by reason of the construction of any sanitary
sewer already built, or that hereafter shall be built, to serve the area within
which the lot herein referred to is located.
The cost of construction, maintenance and repairs of said long house
connection shall be the responsibility of the owner of the building served
by the long house connection.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
8
SPECIAL ORDINANCE (CONTINUED)
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
9
SPECIAL ORDINANCE
2. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
AN ORDINANCE AUTHORIZING AND PERMITTING THE PROPERTY
OF 65 GIBSON PLACE. BLOCK 51 LOT (S) 13 TO MAKE A LONG
HOUSE CONNECTION TO THE CITY'S SANITARY SYSTEM IN
COURTER AVE. (NO EXPENSE TO THE CITY OF YONKERS).
The City of Yonkers, in City Council convened, hereby ordains and
enacts:
Section 1. Permission is hereby granted to the property owner of
65 GIBSON PL., Block 51 Lot(s) 13 to make a long house sanitary sewer
connection from said lot to a city sanitary sewer in Rigby Street at his
own cost and expense and in accordance with the plan submitted by
STEVEN A. COSTA, P.E. # 64369 dated 12/29/2009, filed in the
Plumbing Division, subject to the conditions of a Plumbing Permit to be
secured from the Plumbing Division and a street opening permit to be
secured from the City Engineer.
Section 2. This permission is granted under the following terms
and conditions, to wit:
The granting of this permission shall, in no way, free or release the
said owner, or his successors, from the payment of any assessments or
benefits accruing to said lot by reason of the construction of any sanitary
sewer already built, or that hereafter shall be built, to serve the area within
which the lot herein referred to is located.
The cost of construction, maintenance and repairs of said long
house connection shall be the responsibility of the owner of the building
served by the long house connection.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
10
SPECIAL ORDINANCE (CONTINUED)
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
11
NEW BUSINESS
LOCAL LAW
3. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A LOCAL LAW AMENDING CHAPTER 75 OF THE 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, SEPTEMBER 28, 2010
12
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 public
nuisances. 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, SEPTEMBER 28, 2010
13
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, SEPTEMBER 28, 2010
14
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, SEPTEMBER 28, 2010
15
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;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
16
LOCAL LAW (CONTINUED)
(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;
(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, SEPTEMBER 28, 2010
17
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
nuisance. The receiver shall have the powers,
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
18
LOCAL LAW (CONTINUED)
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
provision of the order issued by the Commissioner,
in addition to any other punishment prescribed by
law, shall be a Class II offense.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
19
LOCAL LAW (CONTINUED)
D. Each day’s violation shall be a separate offense.
§75-32. 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.
§75-33. 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.
§75-34. 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, SEPTEMBER 28, 2010
20
GENERAL ORDINANCE
4. 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
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
21
GENERAL ORDINANCE (CONTINUED)
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.
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, SEPTEMBER 28, 2010
22
SPECIAL ORDINANCE
5. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
AN ORDINANCE AUTHORIZING AND PERMITTING THE PROPERTY
OF 18 PROSPECT TERRACE, BLOCK 106 LOT (S) 30 TO MAKE A
LONG HOUSE CONNECTION TO THE CITY'S SANITARY SYSTEM IN
VAN CORTLANDT PARK AVE. (NO EXPENSE TO THE CITY OF
YONKERS).
The City of Yonkers, in City Council convened, hereby ordains and
enacts:
Section 1. Permission is hereby granted to the property owner of 18
PROSPECT TERRACE, Block 106 Lot 30 to make a long house sanitary
sewer connection from said lot to a city sanitary sewer in Van Cortlandt
Park Ave. at his own cost and expense and in accordance with the plan
submitted by MICHAEL G. CALVI P.E. # 57806 dated July 27,2010 filed
in the Plumbing Division, subject to the conditions of a Plumbing Permit to
be secured from the Plumbing Division and a street opening permit to be
secured from the City Engineer.
Section 2. This permission is granted under the following terms
and conditions, to wit:
The granting of this permission shall, in no way, free or release the
said owner, or his successors, from the payment of any assessments or
benefits accruing to said lot by reason of the construction of any sanitary
sewer already built, or that hereafter shall be built, to serve the area within
which the lot herein referred to is located.
The cost of construction, maintenance and repairs of said long house
connection shall be the responsibility of the owner of the building served
by the long house connection.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
23
GENERAL ORDINANCE (CONTINUED)
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
24
RESOLUTION
6. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
RESOLUTION APPROVING AN INTER-MUNICIPAL AGREEMENT
BETWEEN THE CITY OF YONKERS AND THE COUNTY OF
WESTCHESTER TO FORMALIZE OPERATIONAL PROCEDURES FOR
MUTUAL AID AND RAPID RESPONSE PLAN.
WHEREAS, the County of Westchester and the Police
Departments of the municipalities within Westchester County have
executed a plan by which each member has agreed to make available its
police personnel and equipment to the others upon the occurrence of a
condition which is beyond the scope of its police resources; and
WHEREAS, the provisions of said agreement are governed by
Section 209-m of the General Municipal Law of the State of New York,
which provides that, absent agreement to the contrary, the municipality
receiving police aid (the “Requesting Municipality”) shall reimburse the
municipality providing the aid (the “Assisting Municipality”) for any money
paid by it for police salaries and other expenses incurred by it including
damage to or loss of equipment and supplies; and
WHEREAS, the County of Westchester now desires to have the
City of Yonkers enter into the intermunicipal agreement pertaining to the
Mutual Aid and Rapid Response Plan for the Police Department of
Westchester County;
NOW, THEREFORE, BE IT RESOLVED, that the intermunicipal
agreement between the County of Westchester and the City of Yonkers is
hereby approved and the Mayor or his designee be and the same is
authorized to execute said agreement; and be it further,
RESOLVED, that this resolution will take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
25
RESOLUTION
7. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the Civil Service of the State of New York State and
each of its civil divisions is comprised of the classified and unclassified
service; and
WHEREAS, Section 35, subsections (a) through (k) of the New
York State Civil Service Law delineate those positions which are included
within the unclassified service; and
WHEREAS, subsection (c) specifies that “all officers and
employees of the state legislature, and all officers and employees of any
other legislative body whose principal functions and duties are directly
related to the performance of the legislative functions of such body” shall
be included within the unclassified service; and
WHEREAS, subsection (c) takes into consideration the nature and
special needs of legislative bodies and the legislative process and,
thereby, appropriately places officers and employees of both state and
local legislative bodies within the unclassified service of civil service; and
WHEREAS, these same special needs also exist within the
executive branch of local governments and, as such, require that
executive branch officers and employees not only have the necessary and
appropriate abilities and skill-sets but also have a number of other
required traits --- including, but not limited to, trust, loyalty, confidentiality
and good judgment --- that do not lend themselves to testing; and
WHEREAS, while Section 35 of the New York State Civil Service
places officers and employees of legislative bodies and members of
various other groups into the unclassified service, executive branch
officers and employees whose principal functions and duties are directly
related to the performance of the executive functions of its respective
Mayor or Supervisor have been omitted; and now
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
26
RESOLUTION (CONTINUED)
THEREFORE BE IT RESOLVED, that the City Council requests the
introduction and passage of State legislation amending Section 35 of the
New York State Civil Service Law by adding a new subsection, subsection
(l), so as to include all officers and employees of any municipality whose
principal functions and duties are directly related to the performance of the
executive functions of its respective municipal Mayor or Supervisor within
the unclassified service; and be it further
RESOLVED, that the City Council requests that Governor David
Paterson, upon his review and determination, sign into law legislation that
addresses the inequity in Section 35 of the New York State Civil Service
Law; and be it further
RESOLVED, that the Yonkers City Clerk be and hereby is
authorized and directed to forward a duly certified copy of this Resolution
to Governor David Paterson, Temporary President of the Senate Malcolm
A. Smith, Senate Majority Leader Pedro Espada, Jr., Assembly Speaker
Sheldon Silver, Senate Civil Service Committee Chair Diane Savino,
Assembly Civil Service Government Employees Committee Chair Peter
Abbate, Jr., and all members of Yonkers’ State Delegation; and be it
further
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
27
RESOLUTION
8. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
NOW, THEREFORE BE IT RESOLVED, that the Yonkers City
Council hereby gives its approval and consent to the reappointment of
Donna Giambrone Ingram of Yonkers, New York as a Member of the
Landmarks Preservation Board for the three-year term that began on
March 20, 2010 and that will expire on March 19, 2013.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
28
RESOLUTION
9. 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 its
approval and consent to the appointment of Robert Yedowitz, a Yonkers
resident, to the Landmarks Preservation Board for a three -year term to
expire three years after the effective date of this Resolution.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
29
RESOLUTION
10. BY: COUNCILMEMBER LARKIN, COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH,
COUNCILMEMBERS TERRERO, GRONOWSKI, AND SHEPHERD;
WHEREAS, Nepera Park-Grey Oaks Neighborhood Association of
Yonkers will be holding its annual "Flea Market/Tag Sale" on Saturday,
November 13, 2010 to benefit both St. Mark’s and St. Anthony’s Church,
and has requested permission from the City Council to place a banner in
the area promoting this event; and
WHEREAS, Nepera Park-Grey Oaks Neighborhood Association
has asked that they be permitted to place one (1) banner closest to the
intersection of Odell and Nepperhan Ave., on or around October 4, 2010
and to be removed as soon after November 13, 2010 as is possible; and
WHEREAS, said location is subject to the scheduling and
availability of the banner site as administered by the Department of Public
Works.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to Nepera Park-Grey Oaks
Neighborhood Association 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, SEPTEMBER 28, 2010
30
COMMITTEE REPORTS
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 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 September 15, 2010 approved on motion
of Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
2
INDEX
OLD BUSINESS
ITEM DESCRIPTION PAGE
1. SPECIAL ORDINANCE – LONG HOUSE 7/8
CONNECTION – 61 GIBSON AVE
2. SPECIAL ORDINANCE – LONG HOUSE 9/10
CONNECTION – 65 GIBSON AVE
NEW BUSINESS
3. LOCAL LAW – “ENTITLED POLICE” – PUBLIC 11/19
NUISANCE ABATEMENT
4. GENERAL ORDINANCE – CODE AMENDMENT 20/21
DEFINITIONS AND USES
5. SPECIAL ORDINANCE – LONG HOUSE 22/23
CONNECTION – 18 PROSPECT TERRACE
6. RES – INTER-MUNICIPAL AGREEMENT 24
RAPID RESPONSE PLAN
7. RES – REQUESTING PASSAGE OF STATE 25/26
LEGISLATION – CIVIL SERVICE LAW
8. RES – REAPPOINTMENT LANDMARKS BOARD 27
DONNA INGRAHAM
9. RES – REAPPOINTMENT LANDMARKS BOARD 28
BOB YEDOWITZ
10. RES – BANNER – NEPERA PARK TAG SALE 29
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
3
RECEPTION OF PETITIONS
PETITIONER: ANDREW J. BALINT, ESQ.
PROPERTY: FERNCLIFF MANOR, INC.
1154 SAW MILL RIVER ROAD
ZONE CHANGE: TEXT CHANGE – DEFINITION OF “DAY CARE
CENTER”.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
4
COMMUNICATIONS FROM CITY OFFICIALS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
5
COMMUNICATIONS - GENERALLY
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
6
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
7
OLD BUSINESS
RESOLUTION
1. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
AN ORDINANCE AUTHORIZING AND PERMITTING THE PROPERTY
OF 61 GIBSON PLACE. BLOCK 51 LOT (S) 11 TO MAKE A LONG
HOUSE CONNECTION TO THE CITY'S SANITARY SYSTEM IN
COURTER AVE. (NO EXPENSE TO THE CITY OF YONKERS).
The City of Yonkers, in City Council convened, hereby ordains and
enacts:
Section 1. Permission is hereby granted to the property owner of
61 GIBSON PL., Block 51 Lot(s) 11 to make a long house sanitary sewer
connection from said lot to a city sanitary sewer in Rigby Street at his
own cost and expense and in accordance with the plan submitted by
STEVEN A. COSTA, P.E. # 64369 dated 12/29/2009, filed in the
Plumbing Division, subject to the conditions of a Plumbing Permit to be
secured from the Plumbing Division and a street opening permit to be
secured from the City Engineer.
Section 2. This permission is granted under the following terms
and conditions, to wit:
The granting of this permission shall, in no way, free or release the
said owner, or his successors, from the payment of any assessments or
benefits accruing to said lot by reason of the construction of any sanitary
sewer already built, or that hereafter shall be built, to serve the area within
which the lot herein referred to is located.
The cost of construction, maintenance and repairs of said long house
connection shall be the responsibility of the owner of the building served
by the long house connection.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
8
SPECIAL ORDINANCE (CONTINUED)
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
9
SPECIAL ORDINANCE
2. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
AN ORDINANCE AUTHORIZING AND PERMITTING THE PROPERTY
OF 65 GIBSON PLACE. BLOCK 51 LOT (S) 13 TO MAKE A LONG
HOUSE CONNECTION TO THE CITY'S SANITARY SYSTEM IN
COURTER AVE. (NO EXPENSE TO THE CITY OF YONKERS).
The City of Yonkers, in City Council convened, hereby ordains and
enacts:
Section 1. Permission is hereby granted to the property owner of
65 GIBSON PL., Block 51 Lot(s) 13 to make a long house sanitary sewer
connection from said lot to a city sanitary sewer in Rigby Street at his
own cost and expense and in accordance with the plan submitted by
STEVEN A. COSTA, P.E. # 64369 dated 12/29/2009, filed in the
Plumbing Division, subject to the conditions of a Plumbing Permit to be
secured from the Plumbing Division and a street opening permit to be
secured from the City Engineer.
Section 2. This permission is granted under the following terms
and conditions, to wit:
The granting of this permission shall, in no way, free or release the
said owner, or his successors, from the payment of any assessments or
benefits accruing to said lot by reason of the construction of any sanitary
sewer already built, or that hereafter shall be built, to serve the area within
which the lot herein referred to is located.
The cost of construction, maintenance and repairs of said long
house connection shall be the responsibility of the owner of the building
served by the long house connection.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
10
SPECIAL ORDINANCE (CONTINUED)
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
11
NEW BUSINESS
LOCAL LAW
3. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A LOCAL LAW AMENDING CHAPTER 75 OF THE 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, SEPTEMBER 28, 2010
12
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 public
nuisances. 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, SEPTEMBER 28, 2010
13
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, SEPTEMBER 28, 2010
14
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, SEPTEMBER 28, 2010
15
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;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
16
LOCAL LAW (CONTINUED)
(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;
(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, SEPTEMBER 28, 2010
17
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
nuisance. The receiver shall have the powers,
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
18
LOCAL LAW (CONTINUED)
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
provision of the order issued by the Commissioner,
in addition to any other punishment prescribed by
law, shall be a Class II offense.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
19
LOCAL LAW (CONTINUED)
D. Each day’s violation shall be a separate offense.
§75-32. 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.
§75-33. 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.
§75-34. 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, SEPTEMBER 28, 2010
20
GENERAL ORDINANCE
4. 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
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
21
GENERAL ORDINANCE (CONTINUED)
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.
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, SEPTEMBER 28, 2010
22
SPECIAL ORDINANCE
5. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
AN ORDINANCE AUTHORIZING AND PERMITTING THE PROPERTY
OF 18 PROSPECT TERRACE, BLOCK 106 LOT (S) 30 TO MAKE A
LONG HOUSE CONNECTION TO THE CITY'S SANITARY SYSTEM IN
VAN CORTLANDT PARK AVE. (NO EXPENSE TO THE CITY OF
YONKERS).
The City of Yonkers, in City Council convened, hereby ordains and
enacts:
Section 1. Permission is hereby granted to the property owner of 18
PROSPECT TERRACE, Block 106 Lot 30 to make a long house sanitary
sewer connection from said lot to a city sanitary sewer in Van Cortlandt
Park Ave. at his own cost and expense and in accordance with the plan
submitted by MICHAEL G. CALVI P.E. # 57806 dated July 27,2010 filed
in the Plumbing Division, subject to the conditions of a Plumbing Permit to
be secured from the Plumbing Division and a street opening permit to be
secured from the City Engineer.
Section 2. This permission is granted under the following terms
and conditions, to wit:
The granting of this permission shall, in no way, free or release the
said owner, or his successors, from the payment of any assessments or
benefits accruing to said lot by reason of the construction of any sanitary
sewer already built, or that hereafter shall be built, to serve the area within
which the lot herein referred to is located.
The cost of construction, maintenance and repairs of said long house
connection shall be the responsibility of the owner of the building served
by the long house connection.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
23
GENERAL ORDINANCE (CONTINUED)
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
24
RESOLUTION
6. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
RESOLUTION APPROVING AN INTER-MUNICIPAL AGREEMENT
BETWEEN THE CITY OF YONKERS AND THE COUNTY OF
WESTCHESTER TO FORMALIZE OPERATIONAL PROCEDURES FOR
MUTUAL AID AND RAPID RESPONSE PLAN.
WHEREAS, the County of Westchester and the Police
Departments of the municipalities within Westchester County have
executed a plan by which each member has agreed to make available its
police personnel and equipment to the others upon the occurrence of a
condition which is beyond the scope of its police resources; and
WHEREAS, the provisions of said agreement are governed by
Section 209-m of the General Municipal Law of the State of New York,
which provides that, absent agreement to the contrary, the municipality
receiving police aid (the “Requesting Municipality”) shall reimburse the
municipality providing the aid (the “Assisting Municipality”) for any money
paid by it for police salaries and other expenses incurred by it including
damage to or loss of equipment and supplies; and
WHEREAS, the County of Westchester now desires to have the
City of Yonkers enter into the intermunicipal agreement pertaining to the
Mutual Aid and Rapid Response Plan for the Police Department of
Westchester County;
NOW, THEREFORE, BE IT RESOLVED, that the intermunicipal
agreement between the County of Westchester and the City of Yonkers is
hereby approved and the Mayor or his designee be and the same is
authorized to execute said agreement; and be it further,
RESOLVED, that this resolution will take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
25
RESOLUTION
7. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the Civil Service of the State of New York State and
each of its civil divisions is comprised of the classified and unclassified
service; and
WHEREAS, Section 35, subsections (a) through (k) of the New
York State Civil Service Law delineate those positions which are included
within the unclassified service; and
WHEREAS, subsection (c) specifies that “all officers and
employees of the state legislature, and all officers and employees of any
other legislative body whose principal functions and duties are directly
related to the performance of the legislative functions of such body” shall
be included within the unclassified service; and
WHEREAS, subsection (c) takes into consideration the nature and
special needs of legislative bodies and the legislative process and,
thereby, appropriately places officers and employees of both state and
local legislative bodies within the unclassified service of civil service; and
WHEREAS, these same special needs also exist within the
executive branch of local governments and, as such, require that
executive branch officers and employees not only have the necessary and
appropriate abilities and skill-sets but also have a number of other
required traits --- including, but not limited to, trust, loyalty, confidentiality
and good judgment --- that do not lend themselves to testing; and
WHEREAS, while Section 35 of the New York State Civil Service
places officers and employees of legislative bodies and members of
various other groups into the unclassified service, executive branch
officers and employees whose principal functions and duties are directly
related to the performance of the executive functions of its respective
Mayor or Supervisor have been omitted; and now
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
26
RESOLUTION (CONTINUED)
THEREFORE BE IT RESOLVED, that the City Council requests the
introduction and passage of State legislation amending Section 35 of the
New York State Civil Service Law by adding a new subsection, subsection
(l), so as to include all officers and employees of any municipality whose
principal functions and duties are directly related to the performance of the
executive functions of its respective municipal Mayor or Supervisor within
the unclassified service; and be it further
RESOLVED, that the City Council requests that Governor David
Paterson, upon his review and determination, sign into law legislation that
addresses the inequity in Section 35 of the New York State Civil Service
Law; and be it further
RESOLVED, that the Yonkers City Clerk be and hereby is
authorized and directed to forward a duly certified copy of this Resolution
to Governor David Paterson, Temporary President of the Senate Malcolm
A. Smith, Senate Majority Leader Pedro Espada, Jr., Assembly Speaker
Sheldon Silver, Senate Civil Service Committee Chair Diane Savino,
Assembly Civil Service Government Employees Committee Chair Peter
Abbate, Jr., and all members of Yonkers’ State Delegation; and be it
further
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
27
RESOLUTION
8. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
NOW, THEREFORE BE IT RESOLVED, that the Yonkers City
Council hereby gives its approval and consent to the reappointment of
Donna Giambrone Ingram of Yonkers, New York as a Member of the
Landmarks Preservation Board for the three-year term that began on
March 20, 2010 and that will expire on March 19, 2013.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
28
RESOLUTION
9. 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 its
approval and consent to the appointment of Robert Yedowitz, a Yonkers
resident, to the Landmarks Preservation Board for a three -year term to
expire three years after the effective date of this Resolution.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
29
RESOLUTION
10. BY: COUNCILMEMBER LARKIN, COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH,
COUNCILMEMBERS TERRERO, GRONOWSKI, AND SHEPHERD;
WHEREAS, Nepera Park-Grey Oaks Neighborhood Association of
Yonkers will be holding its annual "Flea Market/Tag Sale" on Saturday,
November 13, 2010 to benefit both St. Mark’s and St. Anthony’s Church,
and has requested permission from the City Council to place a banner in
the area promoting this event; and
WHEREAS, Nepera Park-Grey Oaks Neighborhood Association
has asked that they be permitted to place one (1) banner closest to the
intersection of Odell and Nepperhan Ave., on or around October 4, 2010
and to be removed as soon after November 13, 2010 as is possible; and
WHEREAS, said location is subject to the scheduling and
availability of the banner site as administered by the Department of Public
Works.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to Nepera Park-Grey Oaks
Neighborhood Association 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, SEPTEMBER 28, 2010
30
COMMITTEE REPORTS
Sunday, September 26, 2010
Yonkers IDA Public Hearing: Woodstock Manor, L.P. Monday, September 27, 2010 at 5#0pm
Yonkers IDA Public Hearing:
Woodstock Manor, L.P.
Monday, September 27, 2010
Time: 5:30 pm
Location: Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers, New York
Woodstock Manor, L.P.
Monday, September 27, 2010
Time: 5:30 pm
Location: Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers, New York
Monday, September 20, 2010
RULES COMMITEE MEETING 9/21/2010 6:30 PM
RULES COMMITEE MEETING
9/21/2010 6:30 PM
YONKERS CITY HALL
40 SOUTH BROADWAY
YONKERS, New York 10701
NO AGENDA AVAILABLE AT TIME OF POSTING
9/21/2010 6:30 PM
YONKERS CITY HALL
40 SOUTH BROADWAY
YONKERS, New York 10701
NO AGENDA AVAILABLE AT TIME OF POSTING
Legislation, Codes & Intergovernmental Committee Meeting, Tuesday, Sept. 21st at 5pm
Legislation, Codes & Intergovernmental Committee Meeting, Tuesday, Sept. 21st at 5pm, City Hall, 4th floor Room 406
Please click the following link to access Agenda Items & Documents. You can also access the Agenda through the “H” drive in Council Share folder under Legislation and Codes Committee. Backup to follow, also on “H” drive.
H:\Council Share\Legislation & Codes\Sept. 21, 2010
1. Local Law to amend Chapter 7, Article V to create sub-section ‘F’ entitled “Notice to the City Council Post Adoption”.
2. Resolution amending Section 47 “Outdoor signs” to include sign ordinances for mobile billboards and mobile billboard trucks as a proactive measure to insure quality of life for Yonkers residents and visitors.
3. Local Law amending Part VII (Nuisances, Public Welfare and Criminal) to City Code to insure building and property owners are held accountable for all activities within their property.
4. Resolution- approving Inter-Municipal Agreement between the City and Westchester County to formalize operational procedures for Mutual Aid and Rapid Response Plan.
5. Resolution- requesting the introduction and passage of State Legislation amending Section 35 of the NYS Civil Service Law to include employees performing executive functions.
6. General Ordinance- amending Chapter 43 of the City Code known as the COY Zoning Ordinance pertaining to definitions and uses.
7. Local law- amending Chapter 75 of the City Code entitled “Police” by adding a ‘new’ article ‘VI’ entitled “Public Nuisance Abatement”.
Please click the following link to access Agenda Items & Documents. You can also access the Agenda through the “H” drive in Council Share folder under Legislation and Codes Committee. Backup to follow, also on “H” drive.
H:\Council Share\Legislation & Codes\Sept. 21, 2010
1. Local Law to amend Chapter 7, Article V to create sub-section ‘F’ entitled “Notice to the City Council Post Adoption”.
2. Resolution amending Section 47 “Outdoor signs” to include sign ordinances for mobile billboards and mobile billboard trucks as a proactive measure to insure quality of life for Yonkers residents and visitors.
3. Local Law amending Part VII (Nuisances, Public Welfare and Criminal) to City Code to insure building and property owners are held accountable for all activities within their property.
4. Resolution- approving Inter-Municipal Agreement between the City and Westchester County to formalize operational procedures for Mutual Aid and Rapid Response Plan.
5. Resolution- requesting the introduction and passage of State Legislation amending Section 35 of the NYS Civil Service Law to include employees performing executive functions.
6. General Ordinance- amending Chapter 43 of the City Code known as the COY Zoning Ordinance pertaining to definitions and uses.
7. Local law- amending Chapter 75 of the City Code entitled “Police” by adding a ‘new’ article ‘VI’ entitled “Public Nuisance Abatement”.
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