AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 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 28, 2010 approved on motion
of Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
2
INDEX
ITEM DESCRIPTION PAGE
1. SO – CAPITAL BUDGET 6
2. RES – SETTLEMENT – CONSENT AGREEMENT 7
& FINAL ORDER EPA ($38,000.00)
3. RES – SALARY & BENEFITS PROTECTION 8/9
READY RESERVE MEMBERS
4. RES – COMMISSIONERS OF DEEDS 10/11
5. RES – EXTRA MILE WEEK 12
6. RES – COLUMBUS DAY 2010 HONOREES 13/14
7. RES – BANNER – SAINT MARY’S ORTHODOX 15
8. RES – BANNER – SAINT JOHN’S EPISCOPAL 16
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
3
COMMUNICATIONS FROM CITY OFFICIALS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
4
COMMUNICATIONS - GENERALLY
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
5
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
6
SPECIAL ORDINANCE
1. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
AN ORDINANCE ADOPTING THE CAPITAL BUDGET FOR THE FISCAL
YEAR COMMENCING JULY 1, 2010 AND TERMINATING JUNE 30,
2011.
The City of Yonkers, in City Council convened, hereby ordains and
enacts:
Section 1: The Capital Budget for the fiscal year commencing July
1, 2010 and terminating June 30, 2011, a total estimated cost of
$94,039,380 submitted by the Mayor and amended having been filed in
the City Clerk’s office on October 1st, 2010, and a public hearing thereon
which is scheduled to take place on Tuesday, October 19, 2010 is hereby
approved and adopted as the Capital Budget of the City of Yonkers for the
fiscal year commencing July 1, 2010 and terminating June 30, 2011.
Section 2: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
7
RESOLUTION
2. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel of the matter
regarding the United States Environmental Protection Agency (“EPA”)
Case No.: RCRA-02-2009-7103 arising out of violations of the Solid Waste
Disposal Act, as amended, by various laws including the Resource
Conservation and Recovery Act and the Hazardous and Solid Waste
Amendments of 1984, 42 U.S.C. §§6901, et seq., which established
certain procedures, methods and requirements regarding hazardous
waste; on May 5, 6, and 22, 2008, the EPA conducted inspections of the
various buildings owned and used by the City of Yonkers which led to the
issuance of an Administrative Complaint against the City of Yonkers for
violations of the Solid Waste Disposal Act, which matter has now been
settled with the City to a stipulated penalty of Thirty Eight Thousand
Dollars ($38,000.00), and by authorizing the Mayor to enter into an Order
on Consent with the EPA that ensures the prompt and appropriate
payment of said funds; and be it further
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
8
RESOLUTION
3. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, by Resolution No. 46-2008, this City Council offered a
Salary and Benefits Protection to City Officers and Employees who are
Ready Reserve Members who are called to Active Military Duty pursuant
to Executive Order 13223 signed by the President of the United States on
September 14, 2001, and to such other City Officers and Employees
compelled to perform duties related to military preparedness; and
WHEREAS, the terms of such legislation has lapsed; and
WHEREAS, the Mayor and the City Council wish to renew the
terms of such legislation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF YONKERS, that subject to the provisions of this
Resolution, an Officer or Employee of the City of Yonkers called to active
duty pursuant to the President’s Executive Order 13223, dated September
14, 2001, and performing all military duty during such additional period,
which duty is not part of the regular reservist duties, shall receive from the
City of Yonkers his or her full City salary, including any and all contractual
benefits, along with all of any salary paid to him or her for the performance
of such ordered military duty provided for under the Military Law. Ordered
military duty shall not include duty for which the City Officer or Employee
has volunteered; and be it further
RESOLVED, that no provision of this Resolution shall be offset or
diminished by any compensation that is received by any City Officer or
Employee that is called to active duty pursuant to Executive Order 13223
nor shall the salary, compensation and benefits due such City Officer or
Employee be offset or diminished by virtue of said Officer or Employee
receiving compensation, stipend or benefit as a result of said ordered
military service; and be it further
RESOLVED, that during the time an eligible City Officer or
Employee is receiving salaries provided for under this Resolution, said
City Officer or Employee shall also continue to receive health coverage,
medical coverage and shall receive Credited City Service Time for the
purpose of vacation during the period of ordered military duty and, except
if otherwise provided by law, retirement system contributions shall
continue to be subject to the provisions of law; and be it further
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
9
RESOLUTION (CONTINUED)
RESOLVED, that this Resolution shall supersede or replace any
existing Resolutions, terms or conditions applicable to City Officers and
Employees; and be it further
RESOLVED, that a City Officer or Employee seeking to enact the
benefits of this Resolution shall furnish proof that the City may deem
necessary to implement such benefits as established and deemed
appropriate by the Mayor of the City of Yonkers; and be it further
RESOLVED that this Resolution shall be applicable to and include
any members of the Ready Reserve ordered to active military duty
pursuant to Executive Order 13223 or any City Officer or Employee
compelled by State or Federal Law or Regulation to perform military duty
which is not part of the regular reservist duty; and be it further
RESOLVED, that this Resolution shall be in effect for the period
beginning with the date following the expiration date of Resolution 46-
2008 and ending on December 31, 2011 and shall be subject to renewal
or continuation by subsequent Resolution.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
10
RESOLUTION
4. 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 October 31, 2012.
Jeanette Vazquez
9 Franklin Avenue, 4E
Yonkers, New York 10703
Education NEW
Dante Cacace
90 Rosedale Road
Yonkers, New York 10710
Housing Authority RENEWAL
Julia DiNatale
2 Whitehall Road
Eastchester, New York 10709
Housing Authority RENEWAL
Anabel Snowden
47 Tower Place
Yonkers, New York 10703
Housing Authority NEW
Mary Ann Thomas
213 Park Avenue
Yonkers, New York 10703
Housing Authority RENEWAL.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
11
RESOLUTION (CONTINUED)
Michael Novotny
76 Belden Avenue
Dobbs Ferry, New York 10522
Private Investigator RENEWAL
Daissy A. Pena
480 Riverdale Avenue, 3C
Yonkers, New York 10705
Law Firm RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
12
RESOLUTION
5. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the City of Yonkers is a community which
acknowledges that a special vibrancy exists within the entire community
when its individual citizens collectively "go the extra mile" in personal
effort, volunteerism, and service; and
WHEREAS, the City of Yonkers is a community which encourages
its citizens to maximize their personal contribution to the community by
giving of themselves wholeheartedly and with total effort, commitment,
and conviction to their individual ambitions, family, friends, and
community; and
WHEREAS, the City of Yonkers is a community which chooses to
shine a light on and celebrate individuals and organizations within its
community who "go the extra mile" in order to make a difference and lift up
fellow members of their community; and
WHEREAS, the City of Yonkers acknowledges the mission of the
Extra Mile America Foundation to create 100 Extra Mile cities and states
in America and is proud to support "Extra Mile Day" on November 1, 2010
NOW THEREFORE BE IT RESOLVED, the City of Yonkers hereby
declares the week of November 1st through November 7th of 2010 to be
"Extra Mile Week" in the City of Yonkers and urge each individual in the
community to take time during this week to not only "go the extra mile" in
his or her own life, but to also acknowledge all those around who are
inspirational in their efforts and commitment to make their organizations,
families, community, country, or world a better place.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
13
RESOLUTION
6. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the City of Yonkers is truly blessed and proud of its
many diverse community groups who play an integral leadership role in
preserving and displaying the rich history of each community represented
in our beautiful mosaic of communities; and
WHEREAS, foremost among these groups is the Yonkers
Columbus Day Celebration Committee who leads the efforts each year to
highlight the extensive achievements and contributions of the Italian-
American Community; and
WHEREAS, each year the Yonkers Columbus Day Celebration
Committee hosts a series of events beginning in September, and
culminating with the Columbus Day Parade to commemorate its proud
heritage with all the residents of Yonkers; and
WHEREAS, these special events provide opportunities for the
Committee to bestow well-deserved honors upon outstanding members of
the Italian-American community who have selflessly given of their time,
expertise and resources to promote the welfare and advancement of not
only the Italian American community but also that of our beloved Yonkers;
and
WHEREAS, this year the Yonkers Columbus Day Celebration
Committee under the Chairmanship of JOHN RUBBO, has selected the
following distinguished individuals as honorees for the 2010 Columbus
Day festivities: NICHOLAS D’ANGELO- Humanitarian; ROBERT M.
FERRITO-Hall of Fame; ARMANDO A. RAUSO- Parade Grand Marshal;
and CHRISTINE LETSON - Miss Columbus 2010; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
14
RESOLUTION (CONTINUED)
NOW, THEREFORE, BE IT RESOLVED that the Members of the
Yonkers City Council on behalf of all our residents offers its sincerest
thanks to the officers of the Columbus Day Committee 2010 and to all
members of the Yonkers Columbus Day Celebration Committee for their
tremendous efforts given individually and collectively to make the
Columbus Day festivities in Yonkers enjoyable and educational for
everyone.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
15
RESOLUTION
7. BY: MAJORITY LEADER McDOW, COUNCIL PRESIDENT LESNICK,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, St. Mary’s Orthodox Church, located at 485 North
Broadway in Yonkers will be holding its Annual Holiday Tag Sale on
Saturday, November 13, 2010 and
WHEREAS, St. Mary’s Orthodox Church has requested permission
from the City Council to display their banner this event starting the week of
October 18, 2010 until the day of the event in the following location:
1st Choice
Banner on Nepperhan Avenue and Odell Avenue
2nd Choice
Banner at Saw Mill River Road at the Intersection of Lockwood Avenue
(before St. Bart’s)
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to St. Mary’s Orthodox Church
to place a banner in the aforementioned locations, subject to any terms
and conditions deemed appropriate by the Administration to protect the
best interests of the City of Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
16
RESOLUTION
8. BY: MINORITY LEADER MURTAGH, COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER McDOW, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, St. John’s Episcopal Church, 100 Underhill Street in
the northeast section of Yonkers will hold their Annual Fall Harvest Fair on
Saturday, November 6th, 2010 from 10:00 am to 3:00 pm, and St. John’s
has requested permission from the City Council to hang a banner
promoting this event informing the public as to the details involved with the
Fair, and
WHEREAS, St. John’s Episcopal Church has asked for permission
to place the promotional banner on the Northbound overpass across
Central Park Avenue at Tuckahoe Rd. or at the overpass near Sadore
Lane as space permits from October 23rd through November 6th, 2010;
and to be removed as soon after November 6th as possible.
NOW, THEREFORE BE IT RESOLVED, the City Council of
Yonkers hereby grants permission to St. John’s Episcopal Church to place
their banner at 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, OCTOBER 12, 2010
17
COMMITTEE REPORTS
