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
