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
