http://www.developdontdestroy.org/php/latestnews_Linked.php?id=2835
http://atlanticyardsreport.blogspot.com/2010/11/meaningful-news-on-timetable-lawsuit.html
Tuesday, November 30, 2010
Landmarks Preservation Board Meeting 12/1/2010 7:00 PM
Landmarks Preservation Board Meeting
12/1/2010 7:00 PM
City Hall-Ceremonial Court Room
40 South Broadway
NO AGENDA AVAILABLE AT TIME OF POSTING
12/1/2010 7:00 PM
City Hall-Ceremonial Court Room
40 South Broadway
NO AGENDA AVAILABLE AT TIME OF POSTING
Tuesday, November 23, 2010
Board of Contract and Supply (BOCS) Monthly Meeting 11/24/2010 at 10:30pm
Board of Contract and Supply (BOCS)
Monthly Meeting
11/24/2010 10:30 AM - 11:00 AM
Mayor's Reception Room
City Hall, 40 South Broadway
Yonkers, New York 10701
Agenda Not Available at Time of Posting
Monthly Meeting
11/24/2010 10:30 AM - 11:00 AM
Mayor's Reception Room
City Hall, 40 South Broadway
Yonkers, New York 10701
Agenda Not Available at Time of Posting
Budget Committee Meeting 11/23/2010 8:15 PM
Budget Committee Meeting
Date: 11/23/2010 8:15 PM
Please be advised that a Budget and Finance Committee Meeting has been scheduled for Tuesday, November 23, 2010 at 8:15 PM (or immediately following the Council Meeting) in Yonkers City Hall Council Chambers, 4th Floor.
The following items will be on the Agenda:
1. Items for Amended CIP (including the City match for East Coast Greenway along the Bronx River Parkway and Midland Avenue, Library, Board of Education, land for firehouse, fire and police equipment).
2 Any additional items that may properly come before this Committee.
We respectfully request that the Mayor direct the appropriate Commissioners/Department Heads/staff to attend this Budget & Finance Meeting and address the Council on issues pertaining to their respective departments.
We request that this Budget and Finance Meeting be televised.
Date: 11/23/2010 8:15 PM
Please be advised that a Budget and Finance Committee Meeting has been scheduled for Tuesday, November 23, 2010 at 8:15 PM (or immediately following the Council Meeting) in Yonkers City Hall Council Chambers, 4th Floor.
The following items will be on the Agenda:
1. Items for Amended CIP (including the City match for East Coast Greenway along the Bronx River Parkway and Midland Avenue, Library, Board of Education, land for firehouse, fire and police equipment).
2 Any additional items that may properly come before this Committee.
We respectfully request that the Mayor direct the appropriate Commissioners/Department Heads/staff to attend this Budget & Finance Meeting and address the Council on issues pertaining to their respective departments.
We request that this Budget and Finance Meeting be televised.
CITY COUNCIL OF THE CITY OF YONKERS, MEETING TUESDAY, NOVEMBER 23, 2010 at 8pm
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 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 November 9, 2010 approved on motion of
Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
2
INDEX
ITEM DESCRIPTION PAGE
1. GENERAL ORDINANCE – CODE AMENDMENT 6/11
ANIMALS & DOGS
2. SPECIAL ORDINANCE – CIP (BOARD OF ED) 11/12
3. RES – GRANT – NYS DORMITORY AUTHORITY 13
(250,000 INKIND MATCHING FUNDS)
4. RES – COMMISSIONERS OF DEEDS 14
5. RES - INSPECTOR GENERAL’S INQUIRY 15/16
YONKERS BOARD OF EDUCATION
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
3
COMMUNICATIONS FROM CITY OFFICIALS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
4
COMMUNICATIONS - GENERALLY
1. IN A LETTER DATED NOVEMBER 16, 2010 TO THE CITY COUNCIL
FROM BARRY McGOEY PRESIDENT OF YONKERS FIREFIGHTERS
LOCAL 628. RE: REQUESTING THE INSPECTOR GENERAL
CONDUCT A REVIEW OF “SICK LEAVE” IN ALL YONKERS
DEPARTMENTS AS WELL AS BOARD OF EDUCATION.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
5
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
6
GENERAL ORDINANCE
1. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A GENERAL ORDINANCE AMENDING CHAPTER 65 OF THE CODE OF
THE CITY OF YONKERS ALSO KNOWN AS “ANIMALS AND DOGS.”
The City Council of the City of Yonkers, in City Council convened,
does hereby ordain and enact as follows:
Section 1. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by adding to Section 65-1
thereof entitled “Definitions”, a new definition for the term “Dangerous
Dogs and Animals” and “Dangerous Instrument” to read as follows:
“DANGEROUS DOGS AND ANIMALS - (1) any dog or animal that when
unprovoked, approaches or menaces any person in a dangerous or
terrorizing manner, or in an apparent attitude of attack, upon the streets,
sidewalks or any public grounds or places; or (2) any dog or animal with a
known propensity, tendency or disposition to attack, when unprovoked, to
cause injury or to otherwise endanger the safety of human beings or
domestic animals; or (3) any dog or animal which bites, inflicts injury,
assaults or otherwise attacks a human being or domestic animal without
provocation on public or private property; or (4) any dog or animal owned,
bred or harbored primarily or in part for the purpose of dog fighting or any
dog trained for dog fighting ; or (5) any dog or animal used to facilitate a
crime or criminal offense. This definition does not include dogs or animals
owned or used by the Police Department or other law enforcement
personnel performing police functions.
DANGEROUS INSTRUMENT- Any instrument or substance which, under
the circumstances in which it is used, is readily capable of causing death
or other serious physical injury. including a [vicious] dangerous dog or
animal as defined by this chapter.”
Section 2. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by deleting from Section
65-1 entitled “Definitions” the term “Vicious Animal” and “Vicious Dog.”
Section 3. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending Section 65-2
thereof entitled “Interchangeability of terms.” to read as follows:
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
7
GENERAL ORDINANCE (CONTINUED)
“65-2 Interchangeability of terms.
Whenever it is applicable and/or appropriate, the terms “dog” and
“animal” shall be interchangeable in the context of the specific section,
and the terms “poundkeeper”, “dogcatcher”, “dog control officer”, “animal
control officer”, [and] “deputy dog control officer” and “deputy animal
control officer” shall be interchangeable.”
Section 4. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending Section 65-3
entitled “Licensing of dogs; fees; identification tags.” subdivisions “A”,
“C”,” “D, and “F” to read as follows:
Ҥ65-3. Licensing of dogs; fees; identification tags.
A. All dogs required to be licensed pursuant to the provisions of
Article 7 of the Agriculture and Markets Law of New York State or a dog
that is four (4) months of age or older or required to be licensed pursuant
to this chapter whose place of residence or domicile or whose owner's
place of residence or domicile is Yonkers must be properly licensed with
the City of Yonkers pursuant to this chapter of the City Code of the City of
Yonkers and Article 7 of the Agriculture and Markets Law of New York
State. A license shall be renewed after a period of one (1) year beginning
with the first day of the month following the date of issuance and shall be
renewable annually thereafter prior to the expiration date. A license shall
be issued only upon compliance with the applicable provisions of this
chapter and Article 7 of the Agriculture and Markets Law, including
submission of proof that the dog has been vaccinated against rabies.
C. Except as provided in Subsection D of this section, the
annual fee for each dog license issued in the City of Yonkers shall be: …
(2) [Seventeen dollars and fifty cents] Twenty dollars and fifty cents
($20.50) for each unsprayed or unneutered dog.
(3) Fifty dollars ($50.00) for each [vicious animals,] dangerous
dog, in addition to the fee paid pursuant to Subsection C(1) and (2) of this
section.
D. The annual fee for each dog license issued in the City of
Yonkers pursuant to the provisions of the Agriculture and Markets Law to
living persons who are 65 years old or older at the time of application shall
be: …
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
8
GENERAL ORDINANCE (CONTINUED)
(2) [Seven dollars and fifty cents] Ten dollars and fifty cents
($10.50) for each unsprayed or unneutered dog.
(3) Fifty dollars ($50.00) for [vicious animals] each dangerous
dog, in addition to the fee paid pursuant to Subsection D(1) and (2) of this
section.
F. A purebred license may be obtained [pursuant to] as
authorized by § 109 of the Agriculture and Markets Law. The [fee]
surcharge for a purebred license shall be in the amount of three dollar
($3.00) for each unsprayed or unneutered dog. In addition, for no more
than ten (10) dogs a fee of twenty five dollars ($25.00) will be imposed.
For eleven to twenty five dogs, a fee of fifty dollars ($50.00) will be
imposed. For more than twenty five dogs a fee of one hundred dollars
($100.00) will be imposed. [the amount authorized in § 110 of the
Agriculture and Markets Law.] …
H. Each dog licensed shall be issued an identification tag, which
shall be affixed to a collar that shall remain on that dog at all times when
the dog is not on the premises of the owner. If an identification tag is lost,
the owner may apply to the City Clerk’s Office for a replacement tag at a
cost of five dollars ($5.00)”
Section 5. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending §65-3 to read
as “Licensing of dogs; fees; identification tags; insurance.” and by
amending §65-3 by adding thereto new Sections 65-3 “I” and “J” to read
as follows:
“I. Any person or owner of a dangerous dog applying for a dog
license for a dangerous dog as defined herein shall provide
proof that liability insurance in an amount of one hundred
thousand dollars ($100,000) for personal injury or death of any
person, resulting from an attack by such dog, has been obtained
by such owner and is in full force and effect at the time of
submission of such application for licensure.
J. Any person who applies for a dog license and knowingly fails to
apply for a dangerous dog license when such license is required
shall be guilty of a Class I Offense and may be fined and/or
imprisoned for up to one year and may be subject to civil
liabilities of up to ten thousand dollars ($10,000.)”
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
9
GENERAL ORDINANCE (CONTINUED)
Section 6. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending the title of
Sections 65-4 entitled “Licensing of vicious animals” to read as “Licensing
of dangerous dogs.” and deleting Section 65-5 entitled “Identification of
vicious animals” and reserving that section thereto and deleting Section
65-6.2 entitled “Regulation of vicious animals and dogs” and by amending
the number of Section 65-6.1 to read as Section 65-6.
Section 7. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending Section 65-6
entitled “Regulation of dangerous dogs and animals.” subdivision “E” and
deleting subdivision “F” thereof to read as follows:
Ҥ 65-6. Regulation of dangerous dogs and animals.
E. No dangerous dogs or animals may be intentionally bred
within the City of Yonkers and no person may own, harbor or possess two
or more dangerous dogs or animals for breeding or any other purposes.
[unless the dogs are purebreds of the breed "bull terrier" or "Staffordshire
bull terrier" and have been previously registered as such with the
American Kennel Club.]
[F. No person may own, harbor or possess more than two
dangerous dogs or animals within the City of Yonkers for any purpose.]”
Section 8. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending §65-7 entitled
“Sign required.”, Sub-Section (A) to read as follows:
“65-7. Sign required.
A. The signs required under [§65-6.1] §65-6 of this chapter are to
be no smaller in size than three (3) feet in length by three (3) feet in height
and no larger than four feet (4) feet from the ground. These signs shall be
of such material and construction so as not to fade or become illegible due
to exposure to the elements.”
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
10
GENERAL ORDINANCE (CONTINUED)
Section 9. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending §65-14
entitled “Disposition of sick or dead animals.” to read as follows:
“65-14. Disposition of sick or dead animals.
Every person having a dead animal or any animal diseased past
recovery or sick with any contagious or infectious disease on his premises
in the city and every person who has in his charge or under his control any
animal who has died of any contagious or infectious disease in any street
or place in the city shall at once remove or cause to be removed every
such animal and disposed of the same as the [Commissioner of Public
Health] Commissioner of Parks,Recreation and Conservation, Animal
Control Officer, Deputy Animal Control Officer or other duly elected or
appointed law enforcement officer may direct. “
Section 10. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending subsection B
of §65-21 entitled “Dogs in municipal custody; adoption; fees.” to read as
follows:
Ҥ65-21. Dogs in municipal custody; adoption; fees.
B. Owners of dogs or animals seized, prior to redeeming their
dogs from municipal custody, shall either produce proof of current dog
licensing or purchase a new dog license.
1) In addition, a dog owner who redeems his municipally seized
dog shall pay a redemption fee as follows:
(a) [Fifteen dollars ($15.)] Forty dollars ($40.00) for the first
seizure.
(b) [Twenty-five dollars ($25.)] Sixty dollars ($60.00) for the first
twenty-four (24) hours or part thereof for the second seizure within one (1)
year of the first seizure, plus [five dollars ($5.)] fifteen dollars ($15.00) per
day or portion thereafter, as long as the dog remains in municipal custody.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
11
GENERAL ORDINANCE (CONTINUED)
c) For the third or subsequent seizure within one (1) year of the
first seizure: [thirty-five dollars ($35.)] eighty dollars ($80.00) for the first
twenty-four (24) hours or part thereof, plus [five dollars ($5.)] fifteen dollars
($15.00) per day or portion thereafter, as long as the dog remains in
municipal custody.
2) The number of seizures shall be counted against the dog
owner without regard to whether or not it is the same dog being seized.”
Section 11. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending Section 65-
25 entitled “Penalties for offenses.” subdivisions “B” thereof to read as
follows:
Ҥ 65-25. Penalties for offenses.
B. A violation of §§ 65-8, 65-9, 65-10 (B), (C), (D), (F), (G), (H),
and (I) or 65-13 of this chapter shall be a Class II offense. A
violation of §65-10 (A) and (E) of this chapter shall be a Class I
offense.”
Section 12. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending section 65-
25, entitled “Penalties for offenses” by deleting therefrom, the term
“vicious” and substituting in its place the term “dangerous.”
Section 13. This Ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
12
SPECIAL ORDINANCE
2. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
AN ORDINANCE AMENDING 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: An amendment to the Capital Budget for the fiscal year
commencing July 1, 2010 and terminating June 30, 2011, a total
estimated cost of $217,735,000 submitted by the Mayor and amended
having been filed in the City Clerk’s office on November 16th, 2010, and a
public hearing thereon having been held on Tuesday, December 7th, 2010
is hereby approved and adopted as an amendment to 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, NOVEMBER 23, 2010
13
RESOLUTION
3. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
RESOLUTION APPROVING THE EXECUTION OF AN
AGREEMENT WITH THE NEW YORK STATE DORMORITY
AUTHORITY FOR THE ESTABLISHMENT OF A HIGH TECHNOLOGY
INCUBATOR.
WHEREAS, the New York State Dormitory Authority has awarded a
grant in the amount of $500,000 (New York State Capital Assistance
Program Project No. 3906) to the City of Yonkers to establish a high
technology incubator, including fit-out of space and purchase of
equipment, in the City of Yonkers; and
WHEREAS, these funds are being made available to the City of
Yonkers with a requirement of in kind equity, in the amount of $250,000
matching funds; and
NOW, THEREFORE, be it resolved by the City Council of the City
of Yonkers that the Mayor of the City of Yonkers, or his designee, is
hereby authorized to execute a grant agreement in the amount of
$500,000 between the New York Dormitory Authority and the City of
Yonkers (New York State Capital Assistance Program Project No. 3906)
to establish a high technology incubator, including fit-out of space and
purchase of equipment, with a requirement of in kind equity in the amount
of $250,000 matching funds; and be it further
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
14
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 December 31, 2012
Marisol Cordero
381 Lake Shore Drive
Yonkers, New York 10541
City of Yonkers RENEWAL
Miranda Leonetti
50 Hughes Terrace
Yonkers, New York 10701
Dept. of Housing RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
15
RESOLUTION
5. BY: MINORITY LEADER MURTAGH, COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER McDOW, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHERAS, the Inspector General of the City of Yonkers is
authorized and empowered to make any investigation or review which in
his or her opinion is necessary to uncover any wrongdoing in City
government, and
WHEREAS, pursuant to the Code of the City of Yonkers: “The
jurisdiction of the Inspector General shall extend to any agency, officer, or
employee of the city, or any person or entity doing business with the city,
or any person or entity who is paid or receives money from or through the
city or any agency of the city”, and,
WHEREAS, pursuant to the Code of the City of Yonkers” “The
Inspector General shall have the power to subpoena witnesses,
administer oaths, take sworn testimony and compel production of books,
papers, records and other evidence in furtherance of his/her duties and
powers, and
WHEREAS, in the performance of that duty, the Inspector General
has been engaged in a review and audit of certain expenditures of
taxpayer money by the Yonkers Board of Education, and
WHEREAS, the Board of Education filed a court action challenging
the Inspector General’s authority to conduct a review of its books and
records, and
WHEREAS, in or about June 2010, the New York State Supreme
Court (Giacomo, J.) ruled that the Inspector General had the authority to
review and audit the finances of the Board of Education, and
WHEREAS, in furtherance of that review, the Inspector General
has sought to review the expenditure of monies received from the Board
of Education by the Yonkers Federation of Teachers Welfare Fund (“the
Fund”), and
WHEREAS, the Inspector General served a subpoena on the Fund
dated October 25, 2010 due to the Fund’s failure to fully cooperate with
the Inspector General, and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
16
RESOLUTION (CONTINUED)
WHEREAS, the Fund responded through outside counsel,
challenging both the validity of the subpoena and the right of the Inspector
General to review the records of the Fund, and
WHEREAS, the taxpayers of the City of Yonkers have already
borne substantial, unnecessary expense as a result of the costly and
wasteful lawsuit brought by the Board of Education and should not be
forced to incur additional legal expenses enforcing their rights against The
Fund, and
WHEREAS, the citizens and taxpayers of the City of Yonkers have
the right to know how every tax dollar of the City is used and that those tax
dollars are spent appropriately and properly, now therefore,
IT IS RESOLVED, that the City Council calls upon the Yonkers
Federation of Teachers Welfare Fund to immediately cease its resistance
to the Inspector General’s inquiry and to immediately comply fully and
completely with the Inspector General’s review of the finances of the
Yonkers Board of Education including but not limited to monies paid by the
City and the Board to the Fund.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
17
COMMITTEE REPORTS
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 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 November 9, 2010 approved on motion of
Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
2
INDEX
ITEM DESCRIPTION PAGE
1. GENERAL ORDINANCE – CODE AMENDMENT 6/11
ANIMALS & DOGS
2. SPECIAL ORDINANCE – CIP (BOARD OF ED) 11/12
3. RES – GRANT – NYS DORMITORY AUTHORITY 13
(250,000 INKIND MATCHING FUNDS)
4. RES – COMMISSIONERS OF DEEDS 14
5. RES - INSPECTOR GENERAL’S INQUIRY 15/16
YONKERS BOARD OF EDUCATION
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
3
COMMUNICATIONS FROM CITY OFFICIALS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
4
COMMUNICATIONS - GENERALLY
1. IN A LETTER DATED NOVEMBER 16, 2010 TO THE CITY COUNCIL
FROM BARRY McGOEY PRESIDENT OF YONKERS FIREFIGHTERS
LOCAL 628. RE: REQUESTING THE INSPECTOR GENERAL
CONDUCT A REVIEW OF “SICK LEAVE” IN ALL YONKERS
DEPARTMENTS AS WELL AS BOARD OF EDUCATION.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
5
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
6
GENERAL ORDINANCE
1. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A GENERAL ORDINANCE AMENDING CHAPTER 65 OF THE CODE OF
THE CITY OF YONKERS ALSO KNOWN AS “ANIMALS AND DOGS.”
The City Council of the City of Yonkers, in City Council convened,
does hereby ordain and enact as follows:
Section 1. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by adding to Section 65-1
thereof entitled “Definitions”, a new definition for the term “Dangerous
Dogs and Animals” and “Dangerous Instrument” to read as follows:
“DANGEROUS DOGS AND ANIMALS - (1) any dog or animal that when
unprovoked, approaches or menaces any person in a dangerous or
terrorizing manner, or in an apparent attitude of attack, upon the streets,
sidewalks or any public grounds or places; or (2) any dog or animal with a
known propensity, tendency or disposition to attack, when unprovoked, to
cause injury or to otherwise endanger the safety of human beings or
domestic animals; or (3) any dog or animal which bites, inflicts injury,
assaults or otherwise attacks a human being or domestic animal without
provocation on public or private property; or (4) any dog or animal owned,
bred or harbored primarily or in part for the purpose of dog fighting or any
dog trained for dog fighting ; or (5) any dog or animal used to facilitate a
crime or criminal offense. This definition does not include dogs or animals
owned or used by the Police Department or other law enforcement
personnel performing police functions.
DANGEROUS INSTRUMENT- Any instrument or substance which, under
the circumstances in which it is used, is readily capable of causing death
or other serious physical injury. including a [vicious] dangerous dog or
animal as defined by this chapter.”
Section 2. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by deleting from Section
65-1 entitled “Definitions” the term “Vicious Animal” and “Vicious Dog.”
Section 3. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending Section 65-2
thereof entitled “Interchangeability of terms.” to read as follows:
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
7
GENERAL ORDINANCE (CONTINUED)
“65-2 Interchangeability of terms.
Whenever it is applicable and/or appropriate, the terms “dog” and
“animal” shall be interchangeable in the context of the specific section,
and the terms “poundkeeper”, “dogcatcher”, “dog control officer”, “animal
control officer”, [and] “deputy dog control officer” and “deputy animal
control officer” shall be interchangeable.”
Section 4. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending Section 65-3
entitled “Licensing of dogs; fees; identification tags.” subdivisions “A”,
“C”,” “D, and “F” to read as follows:
Ҥ65-3. Licensing of dogs; fees; identification tags.
A. All dogs required to be licensed pursuant to the provisions of
Article 7 of the Agriculture and Markets Law of New York State or a dog
that is four (4) months of age or older or required to be licensed pursuant
to this chapter whose place of residence or domicile or whose owner's
place of residence or domicile is Yonkers must be properly licensed with
the City of Yonkers pursuant to this chapter of the City Code of the City of
Yonkers and Article 7 of the Agriculture and Markets Law of New York
State. A license shall be renewed after a period of one (1) year beginning
with the first day of the month following the date of issuance and shall be
renewable annually thereafter prior to the expiration date. A license shall
be issued only upon compliance with the applicable provisions of this
chapter and Article 7 of the Agriculture and Markets Law, including
submission of proof that the dog has been vaccinated against rabies.
C. Except as provided in Subsection D of this section, the
annual fee for each dog license issued in the City of Yonkers shall be: …
(2) [Seventeen dollars and fifty cents] Twenty dollars and fifty cents
($20.50) for each unsprayed or unneutered dog.
(3) Fifty dollars ($50.00) for each [vicious animals,] dangerous
dog, in addition to the fee paid pursuant to Subsection C(1) and (2) of this
section.
D. The annual fee for each dog license issued in the City of
Yonkers pursuant to the provisions of the Agriculture and Markets Law to
living persons who are 65 years old or older at the time of application shall
be: …
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
8
GENERAL ORDINANCE (CONTINUED)
(2) [Seven dollars and fifty cents] Ten dollars and fifty cents
($10.50) for each unsprayed or unneutered dog.
(3) Fifty dollars ($50.00) for [vicious animals] each dangerous
dog, in addition to the fee paid pursuant to Subsection D(1) and (2) of this
section.
F. A purebred license may be obtained [pursuant to] as
authorized by § 109 of the Agriculture and Markets Law. The [fee]
surcharge for a purebred license shall be in the amount of three dollar
($3.00) for each unsprayed or unneutered dog. In addition, for no more
than ten (10) dogs a fee of twenty five dollars ($25.00) will be imposed.
For eleven to twenty five dogs, a fee of fifty dollars ($50.00) will be
imposed. For more than twenty five dogs a fee of one hundred dollars
($100.00) will be imposed. [the amount authorized in § 110 of the
Agriculture and Markets Law.] …
H. Each dog licensed shall be issued an identification tag, which
shall be affixed to a collar that shall remain on that dog at all times when
the dog is not on the premises of the owner. If an identification tag is lost,
the owner may apply to the City Clerk’s Office for a replacement tag at a
cost of five dollars ($5.00)”
Section 5. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending §65-3 to read
as “Licensing of dogs; fees; identification tags; insurance.” and by
amending §65-3 by adding thereto new Sections 65-3 “I” and “J” to read
as follows:
“I. Any person or owner of a dangerous dog applying for a dog
license for a dangerous dog as defined herein shall provide
proof that liability insurance in an amount of one hundred
thousand dollars ($100,000) for personal injury or death of any
person, resulting from an attack by such dog, has been obtained
by such owner and is in full force and effect at the time of
submission of such application for licensure.
J. Any person who applies for a dog license and knowingly fails to
apply for a dangerous dog license when such license is required
shall be guilty of a Class I Offense and may be fined and/or
imprisoned for up to one year and may be subject to civil
liabilities of up to ten thousand dollars ($10,000.)”
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
9
GENERAL ORDINANCE (CONTINUED)
Section 6. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending the title of
Sections 65-4 entitled “Licensing of vicious animals” to read as “Licensing
of dangerous dogs.” and deleting Section 65-5 entitled “Identification of
vicious animals” and reserving that section thereto and deleting Section
65-6.2 entitled “Regulation of vicious animals and dogs” and by amending
the number of Section 65-6.1 to read as Section 65-6.
Section 7. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending Section 65-6
entitled “Regulation of dangerous dogs and animals.” subdivision “E” and
deleting subdivision “F” thereof to read as follows:
Ҥ 65-6. Regulation of dangerous dogs and animals.
E. No dangerous dogs or animals may be intentionally bred
within the City of Yonkers and no person may own, harbor or possess two
or more dangerous dogs or animals for breeding or any other purposes.
[unless the dogs are purebreds of the breed "bull terrier" or "Staffordshire
bull terrier" and have been previously registered as such with the
American Kennel Club.]
[F. No person may own, harbor or possess more than two
dangerous dogs or animals within the City of Yonkers for any purpose.]”
Section 8. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending §65-7 entitled
“Sign required.”, Sub-Section (A) to read as follows:
“65-7. Sign required.
A. The signs required under [§65-6.1] §65-6 of this chapter are to
be no smaller in size than three (3) feet in length by three (3) feet in height
and no larger than four feet (4) feet from the ground. These signs shall be
of such material and construction so as not to fade or become illegible due
to exposure to the elements.”
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
10
GENERAL ORDINANCE (CONTINUED)
Section 9. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending §65-14
entitled “Disposition of sick or dead animals.” to read as follows:
“65-14. Disposition of sick or dead animals.
Every person having a dead animal or any animal diseased past
recovery or sick with any contagious or infectious disease on his premises
in the city and every person who has in his charge or under his control any
animal who has died of any contagious or infectious disease in any street
or place in the city shall at once remove or cause to be removed every
such animal and disposed of the same as the [Commissioner of Public
Health] Commissioner of Parks,Recreation and Conservation, Animal
Control Officer, Deputy Animal Control Officer or other duly elected or
appointed law enforcement officer may direct. “
Section 10. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending subsection B
of §65-21 entitled “Dogs in municipal custody; adoption; fees.” to read as
follows:
Ҥ65-21. Dogs in municipal custody; adoption; fees.
B. Owners of dogs or animals seized, prior to redeeming their
dogs from municipal custody, shall either produce proof of current dog
licensing or purchase a new dog license.
1) In addition, a dog owner who redeems his municipally seized
dog shall pay a redemption fee as follows:
(a) [Fifteen dollars ($15.)] Forty dollars ($40.00) for the first
seizure.
(b) [Twenty-five dollars ($25.)] Sixty dollars ($60.00) for the first
twenty-four (24) hours or part thereof for the second seizure within one (1)
year of the first seizure, plus [five dollars ($5.)] fifteen dollars ($15.00) per
day or portion thereafter, as long as the dog remains in municipal custody.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
11
GENERAL ORDINANCE (CONTINUED)
c) For the third or subsequent seizure within one (1) year of the
first seizure: [thirty-five dollars ($35.)] eighty dollars ($80.00) for the first
twenty-four (24) hours or part thereof, plus [five dollars ($5.)] fifteen dollars
($15.00) per day or portion thereafter, as long as the dog remains in
municipal custody.
2) The number of seizures shall be counted against the dog
owner without regard to whether or not it is the same dog being seized.”
Section 11. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending Section 65-
25 entitled “Penalties for offenses.” subdivisions “B” thereof to read as
follows:
Ҥ 65-25. Penalties for offenses.
B. A violation of §§ 65-8, 65-9, 65-10 (B), (C), (D), (F), (G), (H),
and (I) or 65-13 of this chapter shall be a Class II offense. A
violation of §65-10 (A) and (E) of this chapter shall be a Class I
offense.”
Section 12. Chapter 65 of the Code of the City of Yonkers entitled
“Animals and Dogs” is hereby amended in part by amending section 65-
25, entitled “Penalties for offenses” by deleting therefrom, the term
“vicious” and substituting in its place the term “dangerous.”
Section 13. This Ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
12
SPECIAL ORDINANCE
2. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
AN ORDINANCE AMENDING 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: An amendment to the Capital Budget for the fiscal year
commencing July 1, 2010 and terminating June 30, 2011, a total
estimated cost of $217,735,000 submitted by the Mayor and amended
having been filed in the City Clerk’s office on November 16th, 2010, and a
public hearing thereon having been held on Tuesday, December 7th, 2010
is hereby approved and adopted as an amendment to 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, NOVEMBER 23, 2010
13
RESOLUTION
3. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
RESOLUTION APPROVING THE EXECUTION OF AN
AGREEMENT WITH THE NEW YORK STATE DORMORITY
AUTHORITY FOR THE ESTABLISHMENT OF A HIGH TECHNOLOGY
INCUBATOR.
WHEREAS, the New York State Dormitory Authority has awarded a
grant in the amount of $500,000 (New York State Capital Assistance
Program Project No. 3906) to the City of Yonkers to establish a high
technology incubator, including fit-out of space and purchase of
equipment, in the City of Yonkers; and
WHEREAS, these funds are being made available to the City of
Yonkers with a requirement of in kind equity, in the amount of $250,000
matching funds; and
NOW, THEREFORE, be it resolved by the City Council of the City
of Yonkers that the Mayor of the City of Yonkers, or his designee, is
hereby authorized to execute a grant agreement in the amount of
$500,000 between the New York Dormitory Authority and the City of
Yonkers (New York State Capital Assistance Program Project No. 3906)
to establish a high technology incubator, including fit-out of space and
purchase of equipment, with a requirement of in kind equity in the amount
of $250,000 matching funds; and be it further
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
14
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 December 31, 2012
Marisol Cordero
381 Lake Shore Drive
Yonkers, New York 10541
City of Yonkers RENEWAL
Miranda Leonetti
50 Hughes Terrace
Yonkers, New York 10701
Dept. of Housing RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
15
RESOLUTION
5. BY: MINORITY LEADER MURTAGH, COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER McDOW, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHERAS, the Inspector General of the City of Yonkers is
authorized and empowered to make any investigation or review which in
his or her opinion is necessary to uncover any wrongdoing in City
government, and
WHEREAS, pursuant to the Code of the City of Yonkers: “The
jurisdiction of the Inspector General shall extend to any agency, officer, or
employee of the city, or any person or entity doing business with the city,
or any person or entity who is paid or receives money from or through the
city or any agency of the city”, and,
WHEREAS, pursuant to the Code of the City of Yonkers” “The
Inspector General shall have the power to subpoena witnesses,
administer oaths, take sworn testimony and compel production of books,
papers, records and other evidence in furtherance of his/her duties and
powers, and
WHEREAS, in the performance of that duty, the Inspector General
has been engaged in a review and audit of certain expenditures of
taxpayer money by the Yonkers Board of Education, and
WHEREAS, the Board of Education filed a court action challenging
the Inspector General’s authority to conduct a review of its books and
records, and
WHEREAS, in or about June 2010, the New York State Supreme
Court (Giacomo, J.) ruled that the Inspector General had the authority to
review and audit the finances of the Board of Education, and
WHEREAS, in furtherance of that review, the Inspector General
has sought to review the expenditure of monies received from the Board
of Education by the Yonkers Federation of Teachers Welfare Fund (“the
Fund”), and
WHEREAS, the Inspector General served a subpoena on the Fund
dated October 25, 2010 due to the Fund’s failure to fully cooperate with
the Inspector General, and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
16
RESOLUTION (CONTINUED)
WHEREAS, the Fund responded through outside counsel,
challenging both the validity of the subpoena and the right of the Inspector
General to review the records of the Fund, and
WHEREAS, the taxpayers of the City of Yonkers have already
borne substantial, unnecessary expense as a result of the costly and
wasteful lawsuit brought by the Board of Education and should not be
forced to incur additional legal expenses enforcing their rights against The
Fund, and
WHEREAS, the citizens and taxpayers of the City of Yonkers have
the right to know how every tax dollar of the City is used and that those tax
dollars are spent appropriately and properly, now therefore,
IT IS RESOLVED, that the City Council calls upon the Yonkers
Federation of Teachers Welfare Fund to immediately cease its resistance
to the Inspector General’s inquiry and to immediately comply fully and
completely with the Inspector General’s review of the finances of the
Yonkers Board of Education including but not limited to monies paid by the
City and the Board to the Fund.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 23, 2010
17
COMMITTEE REPORTS
Sunday, November 21, 2010
Budget and Finance Committee Meeting Tuesday, November 23, 2010 at 8:15 PM
Please be advised that a Budget and Finance Committee Meeting has been scheduled for Tuesday, November 23, 2010 at 8:15 PM (or immediately following the Council Meeting) in Yonkers City Hall Council Chambers, 4th Floor.
The following items will be on the Agenda:
Items for Amended CIP (including the City match for East Coast Greenway along the Bronx River Parkway and Midland Avenue, Library, Board of Education, land for firehouse, fire and police equipment).
2 Any additional items that may properly come before this Committee.
We respectfully request that the Mayor direct the appropriate Commissioners/Department Heads/staff to attend this Budget & Finance Meeting and address the Council on issues pertaining to their respective departments.
We request that this Budget and Finance Meeting be televised.
The following items will be on the Agenda:
Items for Amended CIP (including the City match for East Coast Greenway along the Bronx River Parkway and Midland Avenue, Library, Board of Education, land for firehouse, fire and police equipment).
2 Any additional items that may properly come before this Committee.
We respectfully request that the Mayor direct the appropriate Commissioners/Department Heads/staff to attend this Budget & Finance Meeting and address the Council on issues pertaining to their respective departments.
We request that this Budget and Finance Meeting be televised.
Saturday, November 20, 2010
Legislation, Codes and Intergovernmental Relations Committee Meeting on Tuesday, November 23, 2010 from 5 to 6:30pm
Please be advised there will be a meeting of the Legislation, Codes and Intergovernmental Relations Committee Meeting on Tuesday, November 23, 2010 from 5 to 6:30pm in the City Council Conference Room #406.
Agenda items: (H:\Council Share\Legislation & Codes\Nov. 23, 2010)
1. Local Law to amend Chapter 7, Article V to create sub-section “F” entitled “Notice to the City Council Post Adoption”.
2. Local Law amending Section 47 “Outdoor signs” to include sign ordinances for mobile billboards trucks as a proactive measure to insure quality of life for Yonkers residents and visitors.
3. General Ordinance Chapter 110 COY Code aka as “Taxicabs “regarding license fees.
4. General Ordinance Chapter 111 COY Code aka as “Tow Trucks & Immobilization Devices” regarding license fees.
5. General Ordinance Chapter 112 COY Code aka as “School Buses & Drivers licensing fees.
6. Any additional items that may properly come before this Committee.
We respectfully request the Mayor to direct the appropriate Commissioners/Department Heads/staff to attend this Meeting and address the Council on the above issue as it pertains to their respective departments.
Agenda items: (H:\Council Share\Legislation & Codes\Nov. 23, 2010)
1. Local Law to amend Chapter 7, Article V to create sub-section “F” entitled “Notice to the City Council Post Adoption”.
2. Local Law amending Section 47 “Outdoor signs” to include sign ordinances for mobile billboards trucks as a proactive measure to insure quality of life for Yonkers residents and visitors.
3. General Ordinance Chapter 110 COY Code aka as “Taxicabs “regarding license fees.
4. General Ordinance Chapter 111 COY Code aka as “Tow Trucks & Immobilization Devices” regarding license fees.
5. General Ordinance Chapter 112 COY Code aka as “School Buses & Drivers licensing fees.
6. Any additional items that may properly come before this Committee.
We respectfully request the Mayor to direct the appropriate Commissioners/Department Heads/staff to attend this Meeting and address the Council on the above issue as it pertains to their respective departments.
Friday, November 19, 2010
Monday, November 15, 2010
Zoning Board of Appeals Meeting 11/16/2010 6:00 PM
Zoning Board of Appeals
11/16/2010 6:00 PM
City Council Chambers
City Hall-4th Floor
Yonkers, New York 10701
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, NOVEMBER 16, 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
#5245 – Area Variance – Taffy Williams (owner), on behalf of herself, on premises known as 191 Westchester Avenue, Block: 4573, Lots: 11 & 12, Zone: “S-50”.
#5246 – Area Variance – Whitelaw Architects, on behalf of 333 Bronx River Tenants Corp. (owners), on premises known as 333 Bronx River Road, Block: 6307, Lot: 150, Zone: “A”.
#5247 – Area Variance – Andrew Romano, Esq., on behalf of Rui George (owner), on premises known as 1323 Nepperhan Avenue, Block: 3378, Lot: 6, Zone: “T”.
#5248 – Area Variance – Andrew Romano, Esq., on behalf of St. Peter’s Kananya Church, on premises known as 18 Greenvale Avenue, Block: 2475, Lot: 110, Zone: “S-50”.
CONTINUED HEARINGS
#5249 – Area Variance & Intensification of a Non-Conforming Use – Joseph DiSalvo, Esq., on behalf of Louis Dinapoli (lessee) and R & F Scarsdale LLC (owners) for additions to existing restaurant for proposed east and west dining extension and patio extension as well as an entrance terrace with trellis above. Having insufficient parking, Section 43-128 and Table 4 (required 15 spaces additional, proposed none). Intensification of a non-conforming use requires approval of the ZBA per Section 43-21B(1), on premises known as 2 Scarsdale Road, Block: 4546, Lot: 50, Zone: “I”.
# 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”.
# 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”. (adjourned until December meeting)
NEW HEARINGS
# 5250 – Area Variance – Andrew Romano, Esq., on behalf of Sabath Luyando, to legalize in-ground swimming pool in rear of property. Whereas, Section 43-41P(6) – no portion of any swimming pool shall be less than 6 feet from a property line (proposed 3.0 feet), on premises known as 142 Parkview Avenue, Block: 5665, Lot: 5, Zone: “S-50”.
# 5251 – Reconstruction of a Non-Conforming Use - Andrew Romano, Esq., on behalf of Paul Reid, to reconstruct a new 2-family dwelling. Whereas the proposed 2-family is not permitted in 1-family zone; however, reconstruction of a non-conforming use is permitted per Section 43-21E provided that the reconstruction is commenced within 1-year from the date of such damage and completed within 2 years of said date and further provided that it shall be reconstructed in accordance with a plan approved by the Zoning Board of Appeals pursuant to Section 43-144K (previous case #5166 denied on August 25, 2009), on premises known as 273 Kimball Avenue, Block: 6175, Lot: 47, Zone: S-75.
# 5252 – Area Variance - Delbello, Donnellan, Weingarten, Wise & Wiederkehr, LLP, on behalf of The Community Builders (applicant) and the City of Yonkers (owner) for the redevelopment of former Public School No. 6 site with 120 dwelling units in two (2) buildings, 50 of which will be for senior citizens. Whereas exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 1.25, proposed 2.464 +/-). Exceeding maximum permitted height, Section 43-27, Table 43-3 (required 65’, proposed 87’) (70 unit building). Insufficient lot area per family, Section 43-27, Table 43-3 (required 800 square feet, proposed 422 square feet). Exceeding maximum building coverage (required 40%, proposed 44.8% +/-). Insufficient rear yard, Section 43-27, Table 43-3 (required 25’, proposed 0’ +/-) (70 unit building). Insufficient parking, Section 43-128, Table 43-4 (required 134 spaces; proposed 96 spaces). Parking within 5 feet of all property lines not permitted, Reference Yonkers Zoning Ordinance 43-44.A.9.b (proposed 0’ +/-). Parking within 5 feet of a building on the same lot is not permitted. Reference Yonkers Zoning Ordinance 43-44.A.9.b (70 unit building) (proposed 0’ +/-), on premises known as 33 Ashburton Avenue, Block: 2094, Lot: 40, Zone: “M”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
11/16/2010 6:00 PM
City Council Chambers
City Hall-4th Floor
Yonkers, New York 10701
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, NOVEMBER 16, 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
#5245 – Area Variance – Taffy Williams (owner), on behalf of herself, on premises known as 191 Westchester Avenue, Block: 4573, Lots: 11 & 12, Zone: “S-50”.
#5246 – Area Variance – Whitelaw Architects, on behalf of 333 Bronx River Tenants Corp. (owners), on premises known as 333 Bronx River Road, Block: 6307, Lot: 150, Zone: “A”.
#5247 – Area Variance – Andrew Romano, Esq., on behalf of Rui George (owner), on premises known as 1323 Nepperhan Avenue, Block: 3378, Lot: 6, Zone: “T”.
#5248 – Area Variance – Andrew Romano, Esq., on behalf of St. Peter’s Kananya Church, on premises known as 18 Greenvale Avenue, Block: 2475, Lot: 110, Zone: “S-50”.
CONTINUED HEARINGS
#5249 – Area Variance & Intensification of a Non-Conforming Use – Joseph DiSalvo, Esq., on behalf of Louis Dinapoli (lessee) and R & F Scarsdale LLC (owners) for additions to existing restaurant for proposed east and west dining extension and patio extension as well as an entrance terrace with trellis above. Having insufficient parking, Section 43-128 and Table 4 (required 15 spaces additional, proposed none). Intensification of a non-conforming use requires approval of the ZBA per Section 43-21B(1), on premises known as 2 Scarsdale Road, Block: 4546, Lot: 50, Zone: “I”.
# 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”.
# 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”. (adjourned until December meeting)
NEW HEARINGS
# 5250 – Area Variance – Andrew Romano, Esq., on behalf of Sabath Luyando, to legalize in-ground swimming pool in rear of property. Whereas, Section 43-41P(6) – no portion of any swimming pool shall be less than 6 feet from a property line (proposed 3.0 feet), on premises known as 142 Parkview Avenue, Block: 5665, Lot: 5, Zone: “S-50”.
# 5251 – Reconstruction of a Non-Conforming Use - Andrew Romano, Esq., on behalf of Paul Reid, to reconstruct a new 2-family dwelling. Whereas the proposed 2-family is not permitted in 1-family zone; however, reconstruction of a non-conforming use is permitted per Section 43-21E provided that the reconstruction is commenced within 1-year from the date of such damage and completed within 2 years of said date and further provided that it shall be reconstructed in accordance with a plan approved by the Zoning Board of Appeals pursuant to Section 43-144K (previous case #5166 denied on August 25, 2009), on premises known as 273 Kimball Avenue, Block: 6175, Lot: 47, Zone: S-75.
# 5252 – Area Variance - Delbello, Donnellan, Weingarten, Wise & Wiederkehr, LLP, on behalf of The Community Builders (applicant) and the City of Yonkers (owner) for the redevelopment of former Public School No. 6 site with 120 dwelling units in two (2) buildings, 50 of which will be for senior citizens. Whereas exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 1.25, proposed 2.464 +/-). Exceeding maximum permitted height, Section 43-27, Table 43-3 (required 65’, proposed 87’) (70 unit building). Insufficient lot area per family, Section 43-27, Table 43-3 (required 800 square feet, proposed 422 square feet). Exceeding maximum building coverage (required 40%, proposed 44.8% +/-). Insufficient rear yard, Section 43-27, Table 43-3 (required 25’, proposed 0’ +/-) (70 unit building). Insufficient parking, Section 43-128, Table 43-4 (required 134 spaces; proposed 96 spaces). Parking within 5 feet of all property lines not permitted, Reference Yonkers Zoning Ordinance 43-44.A.9.b (proposed 0’ +/-). Parking within 5 feet of a building on the same lot is not permitted. Reference Yonkers Zoning Ordinance 43-44.A.9.b (70 unit building) (proposed 0’ +/-), on premises known as 33 Ashburton Avenue, Block: 2094, Lot: 40, Zone: “M”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
Yonkers IDA Public Hearings Monday November 15th at 5:30pm
Yonkers IDA Public Hearings:
ContraFect Corporation
Monday, November 15, 2010
5:30 p.m.
Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers, NY
Ravine Rental Associates, LLC
Thursday, November 18, 2010
5:30 p.m.
Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers, NY
ContraFect Corporation
Monday, November 15, 2010
5:30 p.m.
Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers, NY
Ravine Rental Associates, LLC
Thursday, November 18, 2010
5:30 p.m.
Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers, NY
Budget and Finance Committee Meeting, Tuesday, November 16, 2010 at 7:30
Please be advised that a Budget and Finance Committee Meeting has been scheduled for Tuesday, November 16, 2010 at 7:30 PM in Yonkers City Hall Council Chambers, 4th Floor.
The following items will be on the Agenda:
1. Continuation of status report on the release of funds from the Restore NY grant for the Philipse Manor Historic District from Planning Department Commissioner (as Finance Commissioner understandably did not have enough information or knowledge to answer adequately at the November 9th meeting) and an update on Restore NY grant for the old Library building on Main Street.
2. Continuation of review of First Quarter Overtime as it pertains to Police, Fire and DPW. (While the Finance Commissioner addressed the Council and presented his budgetary analysis at the November 9th meeting, none of the Commissioners were present to answer specific questions about their departments.)
3. Continuation of the discussion on the retirement incentive and how many COY positions were refilled.
4. Update by Commissioners/Department Heads on exactly what monies came to the City from the Stimulus Package and where funds have been allocated.
5. Any additional items that may properly come before this Committee.
We respectfully request that the Mayor direct the appropriate Commissioners/Department Heads/staff to attend this Budget & Finance Meeting and properly address the Council on issues pertaining to their respective departments.
We also request that this Budget and Finance Meeting be televised.
The following items will be on the Agenda:
1. Continuation of status report on the release of funds from the Restore NY grant for the Philipse Manor Historic District from Planning Department Commissioner (as Finance Commissioner understandably did not have enough information or knowledge to answer adequately at the November 9th meeting) and an update on Restore NY grant for the old Library building on Main Street.
2. Continuation of review of First Quarter Overtime as it pertains to Police, Fire and DPW. (While the Finance Commissioner addressed the Council and presented his budgetary analysis at the November 9th meeting, none of the Commissioners were present to answer specific questions about their departments.)
3. Continuation of the discussion on the retirement incentive and how many COY positions were refilled.
4. Update by Commissioners/Department Heads on exactly what monies came to the City from the Stimulus Package and where funds have been allocated.
5. Any additional items that may properly come before this Committee.
We respectfully request that the Mayor direct the appropriate Commissioners/Department Heads/staff to attend this Budget & Finance Meeting and properly address the Council on issues pertaining to their respective departments.
We also request that this Budget and Finance Meeting be televised.
Municipal Operations and Public Safety Committee Tuesday, November 16th at 7:00 p.m.
Please be advised there will be a meeting of the Municipal Operations and Public Safety Committee on Tuesday, November 16th at 7:00 p.m. in the City Council Chambers, 4th floor, City Hall.
The following items will be on the Agenda:
1. Status of the Inspector General’s review of the finances of the Yonkers Public Schools.
2. Any additional items that may properly come before this Committee.
We request a representative from the Administration, the Inspector General, as well as a representative of the YFT Welfare Fund to have the appropriate personnel in attendance to address said items on the Agenda.
We also request this Municipal Operations and Public Safety Committee Meeting to be televised.
The following items will be on the Agenda:
1. Status of the Inspector General’s review of the finances of the Yonkers Public Schools.
2. Any additional items that may properly come before this Committee.
We request a representative from the Administration, the Inspector General, as well as a representative of the YFT Welfare Fund to have the appropriate personnel in attendance to address said items on the Agenda.
We also request this Municipal Operations and Public Safety Committee Meeting to be televised.
RULES COMMITTEE MEETING 11/16/2010 6:30 PM
RULES COMMITTEE
11/16/2010 6:30 PM
YONKERS CITY HALL
40 SOUTH BROADWAY
YONKERS, New York 10701
No Agenda Available at Time of Posting
11/16/2010 6:30 PM
YONKERS CITY HALL
40 SOUTH BROADWAY
YONKERS, New York 10701
No Agenda Available at Time of Posting
Sunday, November 14, 2010
Environmental, Sustainable Growth & Green Policy CommitteeTuesday, November 16, 2010 at 5:30 p.m.
Please be advised there will be a meeting of the Environmental, Sustainable Growth & Green Policy Committee on Tuesday, November 16, 2010 at 5:30 p.m. in the City Council Conference Rm. Agenda to follow.
As per the below call, the following items will be on the Agenda for the Tuesday, November 16th Environmental, Sustainable Growth & Green Policy Committee Meeting:
AGENDA
1. Enforcement Strategies and Fine Collection for Air Quality Ordinances.
Any additional items that may properly come before this Committee.
We respectfully request the Mayor to direct the appropriate Commissioners/Department Heads/staff to attend this Meeting and address the Council on the above issue as it pertains to their respective departments.
Agenda Not Available at Time of Posting, but updated today Mon November 15th
As per the below call, the following items will be on the Agenda for the Tuesday, November 16th Environmental, Sustainable Growth & Green Policy Committee Meeting:
AGENDA
1. Enforcement Strategies and Fine Collection for Air Quality Ordinances.
Any additional items that may properly come before this Committee.
We respectfully request the Mayor to direct the appropriate Commissioners/Department Heads/staff to attend this Meeting and address the Council on the above issue as it pertains to their respective departments.
Agenda Not Available at Time of Posting, but updated today Mon November 15th
Thursday, November 11, 2010
Wednesday, November 10, 2010
Tuesday, November 9, 2010
Planning Board Meeting 11/10/2010 5:30 PM
Planning Board Meeting
11/10/2010 5:30 PM
City Hall--Ceremonial Court Room
40 South Broadway
Agenda Not Available at Time of Posting
11/10/2010 5:30 PM
City Hall--Ceremonial Court Room
40 South Broadway
Agenda Not Available at Time of Posting
Budget and Finance Committee Meeting, Tuesday, November 9, 2010 at 8:15 PM
Please be advised that a Budget and Finance Committee Meeting has been scheduled for Tuesday, November 9, 2010 at 8:15 PM (or immediately following Council Meeting) in Yonkers City Hall Council Chambers, 4th Floor.
The following items will be on the Agenda:
1. Review of First Quarter Overtime as it pertains to Police, Fire and DPW.
2. Update on Retirement Incentive and how many COY positions were refilled.
3. Status report on the release of funds from the Restore NY grant for the Philipse Manor Historic District.
4. Update on exactly what monies came to the City from the Stimulus Package and where funds have been allocated.
5. Any additional items that may properly come before this Committee.
We ask the Administration to please have the appropriate Commissioners/Departments Heads/Directors or their representatives attend the meeting so they can address issues relating to their departments.
We also request that this Budget and Finance Meeting be televised.
The following items will be on the Agenda:
1. Review of First Quarter Overtime as it pertains to Police, Fire and DPW.
2. Update on Retirement Incentive and how many COY positions were refilled.
3. Status report on the release of funds from the Restore NY grant for the Philipse Manor Historic District.
4. Update on exactly what monies came to the City from the Stimulus Package and where funds have been allocated.
5. Any additional items that may properly come before this Committee.
We ask the Administration to please have the appropriate Commissioners/Departments Heads/Directors or their representatives attend the meeting so they can address issues relating to their departments.
We also request that this Budget and Finance Meeting be televised.
CITY COUNCIL OF THE CITY OF YONKERS MEETING TUESDAY, NOVEMBER 9, 2010 at 8pm
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 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 October 26, 2010 approved on motion of
Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
2
INDEX
ITEM DESCRIPTION PAGE
1. LOCAL LAW – CODE AMENDMENT BUILDING 6/9
AND ELECTRICAL
2. SPECIAL ORDINANCE – CAPITAL BUDGET 10
3. SPECIAL ORDINANCE – CABLEVISION 11/12
4. RES – SETTLEMENT - KAI ERWIN ($2,725.43) 13
5. RES – COMMISSIONERS OF DEEDS 14
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
3
COMMUNICATIONS FROM CITY OFFICIALS
1. FROM THE PLANNING DEPARTMENT – IN A LETTER DATED
OCTOBER 22, 2010 FROM PLANNING DIRECTOR LEE ELMAN RE: TO
DETERMINE LEAD AGENCY PURSUANT TO THE REQUIREMENTS
OF THE STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
RE: RENOVATIONS AND EXPANSION AT THE OLDE STONE MILL
LOCATED AT 2 SCARSDALE ROAD IN YONKERS.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
4
COMMUNICATIONS - GENERALLY
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
5
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
6
LOCAL LAW
1. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A LOCAL LAW AMENDING CHAPTER 56 OF THE CODE OF THE CITY
OF YONKERS ENTITLED BUILDING AND ELECTRICAL CODE” IN
REGARD TO LICENSING AND FEES.
Be it enacted by the City Council of the City of Yonkers, as
follows:
Section 1. Chapter 56 of the Code of the City of Yonkers
entitled “Building and Electrical Code” is hereby amended in part
by amending Section 56-116 entitled, "Fees." to read as
follows:
Ҥ 56-116. Fees.
The prescribed fees for a permit, based on the estimated
cost stated on the application for said permit, shall be:
A base fee of $100.00 plus the fee below or service:
Estimated Cost Fee
$0 to $500 $ 50.00
$501 to $5,000 $ 120.00
$5,001 to $20,000 $ 200.00
$20,001 to $35,000 $ 240.00
$35,001 to $50,000 $ 300.00
$50,001 to $65,000 $ 350.00
$65,001 to $80,000 $ 600.00
$80,001 to $100,000 $ 700.00
$100,001 and over $ 700.00, plus $1.00 for every $1,000 or fraction
thereof over $100,000.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
7
LOCAL LAW (CONTINUED)
NOTE: The number of Inspections included in the above fees is
two (2) inspections for residential one or two family detached
dwellings and three (3) inspections for other residential or
commercial occupancies.
[B.] (2) New or upgrade of electrical service:
(a) Residential one- and two-family: $100
(b) Other residential and commercial: $200
[C.]B. Re-inspection fee if work is not completed when inspection is made
or the [#] number of inspections is exceeded. The prescribed fee for the
reinspection or subsequent reinspection shall be $100.”
Section 2. Chapter 56 of the Code of the City of Yonkers
entitled “Building and Electrical Code” is hereby amended in part
by adding a new Section 56 -116.1, entitled, “Civil Penalty for
work done without a permit.“ such section to read as follows:
Ҥ 56-116.1. Civil penalty for work done without a permit.
A. Whenever any work for which an electrical permit is required
pursuant to § 56-113 of this Code has been performed without such
permit, a penalty shall be imposed as provided in this section.
B. If an individual files an application with the Department of Housing
and Buildings to legalize work done on a property, or in a structure or
building on said property, where such work was performed without the
required permit(s), the individual shall pay a penalty of $200, for each
permit required, in addition to the regular permit fee(s) prescribed by this
Code for work.
C. No permit shall be issued for any work described in Subsection A of
this section until the additional penalty assessed pursuant to this section
has been paid.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
8
LOCAL LAW (CONTINUED)
D. Payment of the penalty required by this section shall not
relieve the applicant from compliance with the requirements of the
Code of the City of Yonkers, the New York State Uniform Fire
Prevention and Building Code and all other applicable statutes,
laws, codes, ordinances, rules and regulations or from imposed
fines or penalties.”
Section 3. Chapter 56 of the Code of the City of Yonkers
entitled “Building and Electrical Code” is hereby amended in part
by amending Section 56-118, entitled “Authority of
Commissioner.” and to amend such section to read as follows:
Ҥ 56-118. Authority of Commissioner.
A. The Commissioner is hereby empowered in accordance
with this chapter and the New York State Uniform Fire Prevention
and Building Code to issue permits for electrical installations to
licensed electrical contractors and special licensees and to
supervise inspections of electrical work.
B. The Commissioner is also authorized and empowered to
deputize in any instance any regular inspector of [the New York
Board of Fire Underwriters and] the New York Electrical
Inspection Services, Inc. fully certified by IAEI (all three
certifications or Master Electrical Inspector certification ) to
inspect any electrical installation such as is referred to in § 56-
127 hereof and to report on the same to the Commissioner,
provided that such inspector will make such inspection and report
without compensation from the City. Any use of such an inspector
shall be within the limits authorized by the New York Code, Rules
and Regulations, Title 19, Chapter XXXII, et seq., as it now exists
or may hereafter be amended. All certificates, permits and other
approvals shall be issued only by an employee or official of the
City of Yonkers even if based upon the report or inspection of an
outside inspector.
C. The Commissioner is hereby empowered to direct and
authorize any utility company to disconnect electric current, after
notification to the owner or his recognized agent or the occupant,
when the current, in his opinion, is dangerous to life, limb or
property or when it may interfere with work of the Fire
Department. Such direction must be in writing. Notification must
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
9
LOCAL LAW (CONTINUED)
be given in writing when approval for the restoration of services is
to be made.”
Section 4. This Local Law shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
10
SPECIAL ORDINANCE
2. 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
$91,214,380 submitted by the Mayor and amended having been filed in
the City Clerk’s office on October 1st, 2010, and a public hearing thereon
having been held on Tuesday, October 19th, 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, NOVEMBER 9, 2010
11
SPECIAL ORDINANCE
3. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A SPECIAL ORDINANCE GRANTING TO CABLEVISION A PERMIT
TO INSTALL A NEW CONDUIT AND RELATED SERVICES AT
2323 CENTRAL PARK AVENUE, THE ESTIMATED DIMENSIONS ARE
IN EXCESS OF 100 LINEAR FEET.
WHEREAS, Cablevision, in a communication forwarded to the City
Engineer dated October 8, 2010, has made application pursuant to an
ordinance adopted by the Board of Aldermen of the City of Yonkers on
May 31, 1892, to excavate in excess of 100 linear feet to install a new
conduit and related services at the 2323 Central Park Avenue, Yonkers,
N.Y. in accordance with Permit No.
A011253; and
WHEREAS, the work being done by said company is the
replacement of existing lines and it is therefore a Type II action under the
New York State Environmental Quality Review Act; and
WHEREAS, the said company will be required, prior to the
commencement of the work, to insure the restoration of said streets in the
same condition as said streets were in prior to said excavation and
indemnifying and saving harmless the City of Yonkers against loss or
losses, damages, action, or proceedings arising out of said excavation;
NOW, THEREFORE, the City of Yonkers, in City Council
convened, hereby ordains and enacts:
Section 1. Permission is hereby given to Cablevision, in
accordance with the terms of an ordinance adopted by the Board of
Aldermen of the City of Yonkers on May 31, 1892, to excavate in excess
of 100 linear feet to install a new conduit and related services at the 2323
Central Park Avenue, Yonkers, N.Y.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
12
SPECIAL ORDINANCE (CONTINUED)
Section 2. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
13
RESOLUTION
4. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount TWO
THOUSAND SEVEN HUNDRED TWENTY-FIVE AND 43/100 Dollars
($2,725.43) of the action entitled, "Government Employees Insurance
Company a/s/o Kai Irwin, plaintiffs, against City of Yonkers, Defendant,"
for property damage arising out of an alleged incident when a City of
Yonkers sanitation truck sideswiped the plaintiff’s legally parked car on
Candlewood Drive in vicinity of Montrose Avenue, Yonkers, New York. Be
and the same hereby is approved and the Comptroller of the City of
Yonkers is directed to draw his warrant in the amount TWO THOUSAND
SEVEN HUNDRED TWENTY-FIVE AND 43/100 Dollars ($2,725.43) of in
favor of said plaintiffs.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
14
RESOLUTION
5. 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 November 30, 2010
Pamela Jenkins
560 Warburton Avenue
Yonkers, New York 10701
City of Yonkers RENEWAL
Renee Milligan
81 Saratoga Avenue 1B
Yonkers, New York 10705
City of Yonkers RENEWAL
Mary Ann Bottone
63 Smart Avenue
Yonkers, New York 10704
City of Yonkers RENEWAL
Maria D. George
12 Horatio Street
Yonkers, New York 10701
City of Yonkers RENEWAL
Robyn Fullerton
16 Rosehill Terrace
Yonkers, New York 10703
Yonkers Schools NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
15
COMMITTEE REPORTS
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 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 October 26, 2010 approved on motion of
Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
2
INDEX
ITEM DESCRIPTION PAGE
1. LOCAL LAW – CODE AMENDMENT BUILDING 6/9
AND ELECTRICAL
2. SPECIAL ORDINANCE – CAPITAL BUDGET 10
3. SPECIAL ORDINANCE – CABLEVISION 11/12
4. RES – SETTLEMENT - KAI ERWIN ($2,725.43) 13
5. RES – COMMISSIONERS OF DEEDS 14
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
3
COMMUNICATIONS FROM CITY OFFICIALS
1. FROM THE PLANNING DEPARTMENT – IN A LETTER DATED
OCTOBER 22, 2010 FROM PLANNING DIRECTOR LEE ELMAN RE: TO
DETERMINE LEAD AGENCY PURSUANT TO THE REQUIREMENTS
OF THE STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
RE: RENOVATIONS AND EXPANSION AT THE OLDE STONE MILL
LOCATED AT 2 SCARSDALE ROAD IN YONKERS.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
4
COMMUNICATIONS - GENERALLY
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
5
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
6
LOCAL LAW
1. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A LOCAL LAW AMENDING CHAPTER 56 OF THE CODE OF THE CITY
OF YONKERS ENTITLED BUILDING AND ELECTRICAL CODE” IN
REGARD TO LICENSING AND FEES.
Be it enacted by the City Council of the City of Yonkers, as
follows:
Section 1. Chapter 56 of the Code of the City of Yonkers
entitled “Building and Electrical Code” is hereby amended in part
by amending Section 56-116 entitled, "Fees." to read as
follows:
Ҥ 56-116. Fees.
The prescribed fees for a permit, based on the estimated
cost stated on the application for said permit, shall be:
A base fee of $100.00 plus the fee below or service:
Estimated Cost Fee
$0 to $500 $ 50.00
$501 to $5,000 $ 120.00
$5,001 to $20,000 $ 200.00
$20,001 to $35,000 $ 240.00
$35,001 to $50,000 $ 300.00
$50,001 to $65,000 $ 350.00
$65,001 to $80,000 $ 600.00
$80,001 to $100,000 $ 700.00
$100,001 and over $ 700.00, plus $1.00 for every $1,000 or fraction
thereof over $100,000.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
7
LOCAL LAW (CONTINUED)
NOTE: The number of Inspections included in the above fees is
two (2) inspections for residential one or two family detached
dwellings and three (3) inspections for other residential or
commercial occupancies.
[B.] (2) New or upgrade of electrical service:
(a) Residential one- and two-family: $100
(b) Other residential and commercial: $200
[C.]B. Re-inspection fee if work is not completed when inspection is made
or the [#] number of inspections is exceeded. The prescribed fee for the
reinspection or subsequent reinspection shall be $100.”
Section 2. Chapter 56 of the Code of the City of Yonkers
entitled “Building and Electrical Code” is hereby amended in part
by adding a new Section 56 -116.1, entitled, “Civil Penalty for
work done without a permit.“ such section to read as follows:
Ҥ 56-116.1. Civil penalty for work done without a permit.
A. Whenever any work for which an electrical permit is required
pursuant to § 56-113 of this Code has been performed without such
permit, a penalty shall be imposed as provided in this section.
B. If an individual files an application with the Department of Housing
and Buildings to legalize work done on a property, or in a structure or
building on said property, where such work was performed without the
required permit(s), the individual shall pay a penalty of $200, for each
permit required, in addition to the regular permit fee(s) prescribed by this
Code for work.
C. No permit shall be issued for any work described in Subsection A of
this section until the additional penalty assessed pursuant to this section
has been paid.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
8
LOCAL LAW (CONTINUED)
D. Payment of the penalty required by this section shall not
relieve the applicant from compliance with the requirements of the
Code of the City of Yonkers, the New York State Uniform Fire
Prevention and Building Code and all other applicable statutes,
laws, codes, ordinances, rules and regulations or from imposed
fines or penalties.”
Section 3. Chapter 56 of the Code of the City of Yonkers
entitled “Building and Electrical Code” is hereby amended in part
by amending Section 56-118, entitled “Authority of
Commissioner.” and to amend such section to read as follows:
Ҥ 56-118. Authority of Commissioner.
A. The Commissioner is hereby empowered in accordance
with this chapter and the New York State Uniform Fire Prevention
and Building Code to issue permits for electrical installations to
licensed electrical contractors and special licensees and to
supervise inspections of electrical work.
B. The Commissioner is also authorized and empowered to
deputize in any instance any regular inspector of [the New York
Board of Fire Underwriters and] the New York Electrical
Inspection Services, Inc. fully certified by IAEI (all three
certifications or Master Electrical Inspector certification ) to
inspect any electrical installation such as is referred to in § 56-
127 hereof and to report on the same to the Commissioner,
provided that such inspector will make such inspection and report
without compensation from the City. Any use of such an inspector
shall be within the limits authorized by the New York Code, Rules
and Regulations, Title 19, Chapter XXXII, et seq., as it now exists
or may hereafter be amended. All certificates, permits and other
approvals shall be issued only by an employee or official of the
City of Yonkers even if based upon the report or inspection of an
outside inspector.
C. The Commissioner is hereby empowered to direct and
authorize any utility company to disconnect electric current, after
notification to the owner or his recognized agent or the occupant,
when the current, in his opinion, is dangerous to life, limb or
property or when it may interfere with work of the Fire
Department. Such direction must be in writing. Notification must
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
9
LOCAL LAW (CONTINUED)
be given in writing when approval for the restoration of services is
to be made.”
Section 4. This Local Law shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
10
SPECIAL ORDINANCE
2. 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
$91,214,380 submitted by the Mayor and amended having been filed in
the City Clerk’s office on October 1st, 2010, and a public hearing thereon
having been held on Tuesday, October 19th, 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, NOVEMBER 9, 2010
11
SPECIAL ORDINANCE
3. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A SPECIAL ORDINANCE GRANTING TO CABLEVISION A PERMIT
TO INSTALL A NEW CONDUIT AND RELATED SERVICES AT
2323 CENTRAL PARK AVENUE, THE ESTIMATED DIMENSIONS ARE
IN EXCESS OF 100 LINEAR FEET.
WHEREAS, Cablevision, in a communication forwarded to the City
Engineer dated October 8, 2010, has made application pursuant to an
ordinance adopted by the Board of Aldermen of the City of Yonkers on
May 31, 1892, to excavate in excess of 100 linear feet to install a new
conduit and related services at the 2323 Central Park Avenue, Yonkers,
N.Y. in accordance with Permit No.
A011253; and
WHEREAS, the work being done by said company is the
replacement of existing lines and it is therefore a Type II action under the
New York State Environmental Quality Review Act; and
WHEREAS, the said company will be required, prior to the
commencement of the work, to insure the restoration of said streets in the
same condition as said streets were in prior to said excavation and
indemnifying and saving harmless the City of Yonkers against loss or
losses, damages, action, or proceedings arising out of said excavation;
NOW, THEREFORE, the City of Yonkers, in City Council
convened, hereby ordains and enacts:
Section 1. Permission is hereby given to Cablevision, in
accordance with the terms of an ordinance adopted by the Board of
Aldermen of the City of Yonkers on May 31, 1892, to excavate in excess
of 100 linear feet to install a new conduit and related services at the 2323
Central Park Avenue, Yonkers, N.Y.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
12
SPECIAL ORDINANCE (CONTINUED)
Section 2. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
13
RESOLUTION
4. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount TWO
THOUSAND SEVEN HUNDRED TWENTY-FIVE AND 43/100 Dollars
($2,725.43) of the action entitled, "Government Employees Insurance
Company a/s/o Kai Irwin, plaintiffs, against City of Yonkers, Defendant,"
for property damage arising out of an alleged incident when a City of
Yonkers sanitation truck sideswiped the plaintiff’s legally parked car on
Candlewood Drive in vicinity of Montrose Avenue, Yonkers, New York. Be
and the same hereby is approved and the Comptroller of the City of
Yonkers is directed to draw his warrant in the amount TWO THOUSAND
SEVEN HUNDRED TWENTY-FIVE AND 43/100 Dollars ($2,725.43) of in
favor of said plaintiffs.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
14
RESOLUTION
5. 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 November 30, 2010
Pamela Jenkins
560 Warburton Avenue
Yonkers, New York 10701
City of Yonkers RENEWAL
Renee Milligan
81 Saratoga Avenue 1B
Yonkers, New York 10705
City of Yonkers RENEWAL
Mary Ann Bottone
63 Smart Avenue
Yonkers, New York 10704
City of Yonkers RENEWAL
Maria D. George
12 Horatio Street
Yonkers, New York 10701
City of Yonkers RENEWAL
Robyn Fullerton
16 Rosehill Terrace
Yonkers, New York 10703
Yonkers Schools NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 9, 2010
15
COMMITTEE REPORTS
Monday, November 8, 2010
Tuesday, November 2, 2010
Yonkers Community Development Agency Board Meeting 11/4/2010 2:00 PM
Yonkers Community Development Agency Board Meeting
11/4/2010 2:00 PM - 3:00 PM
Mayors Reception Room, City Hall 2nd Floor
40 South Broadway
Yonkers, New York 10701
No Agenda Available at Time of Posting,
11/4/2010 2:00 PM - 3:00 PM
Mayors Reception Room, City Hall 2nd Floor
40 South Broadway
Yonkers, New York 10701
No Agenda Available at Time of Posting,
Landmarks Preservation Board Meeting 11/3/2010 7:00 PM
Landmarks Preservation Board Meeting
11/3/2010 7:00 PM
City Hall-Ceremonial Court Room
40 South Broadway
No Agenda Available at Time of Posting
11/3/2010 7:00 PM
City Hall-Ceremonial Court Room
40 South Broadway
No Agenda Available at Time of Posting
Green Policy Task Force Meeting 11/3/2010 6:30 PM
Green Policy Task Force
11/3/2010 6:30 PM
City Hall
40 S. Broadway, room 406 conference room
Yonkers, New York 10701
Agenda Not Available at Time of Posting
11/3/2010 6:30 PM
City Hall
40 S. Broadway, room 406 conference room
Yonkers, New York 10701
Agenda Not Available at Time of Posting
RULES COMMITEE MEETING 11/3/2010 6:30 PM
RULES COMMITEE
11/3/2010 6:30 PM
YONKERS CITY HALL
40 SOUTH BROADWAY
YONKERS, New York 10701
AGENDA NOT AVAILABLE AT TIME OF POSTING
11/3/2010 6:30 PM
YONKERS CITY HALL
40 SOUTH BROADWAY
YONKERS, New York 10701
AGENDA NOT AVAILABLE AT TIME OF POSTING
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