Check Out http://www.storyofstuff.com/

http://www.storyofstuff.com/

Board of Contract and Supply (BOCS) Monthly Meeting 5/26/2010 10:30 AM

Board of Contract and Supply (BOCS)
Monthly Meeting
5/26/2010 10:30 AM - 11:00 AM
Mayor's Reception Room
City Hall, 40 South Broadway
Yonkers, New York 10701

NO AGENDA AVAILABLE AT TIME OF POSTING

Yonkers City Council Meeting Tuesday May 25th at 8pm

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 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 May 11, 2010 approved on motion of
Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
2
INDEX
ITEM DESCRIPTION PAGE
1. LOCAL LAW – RED LIGHT CAMERAS 6/11
2. S.O. – GRANT - DCJS – ENFORCEMENT OF DRINKING
LAWS - $6,000 12
3. RES - GRANT – AUTHORIZATION – ENFORCEMENT OF
DRINKING LAWS - $6,000 13/14
4 RES – STATE AID - PRE K PROGRAM 15/16
5. RES – STATE AID – ENGLISH AS A SECOND LANGUAGE 17/18
6. RES – COMMISSIONERS OF DEEDS 19/20
7. RES – BANNER – YWCA 21
8. RES – HONORARY STREET RENAMING
(BISHOP ERNEST HAIRSTON) 22/23
9. HONORARIUM – DET. JOHN GEISS 24
.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
3
COMMUNICATIONS FROM CITY OFFICIALS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
4
COMMUNICATIONS – GENERALLY
1. Dated May 19, 2010 from the Westchester County Planning Board
correspondence in regard to additional information received relating to the
city’s Zoning Text Amendment for Historic Overlay Zone. COPIES ON
DESKS.
2. Dated May 17, 2010 from the Town of Eastchester a notice of Public
Hearing by the Eastchester Planning Board on premises known as 70
Garth Road. COPIES ON DESKS.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
5
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 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 109 OF THE CODE OF THE CITY
OF YONKERS ENTITLED “VEHICLES AND TRAFFIC” IN REGARD TO
OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
TRAFFIC-CONTROL INDICATIONS.
BE IT ENACTED, by the City Council of the City of Yonkers, as
follows:
Section 1.Chapter 109 of the Code of the City of Yonkers entitled
“Vehicles and Traffic” is amended, in part, by adding thereto a new
Section 109-145, entitled “Owner liability for failure of operator to comply
with traffic control indications” to read as follows:
“§ 109–145. Owner liability for failure of operator to comply with trafficcontrol
indications.
A. Notwithstanding any other provision of law, the Parking Violations
Bureau is hereby authorized and empowered to establish a demonstration
program imposing monetary liability on the owner of a vehicle for failure of
an operator thereof to comply with traffic-control indications in accordance
with the provisions of this Section. The Traffic Engineer, for purposes of
implementation of such program, shall be authorized to install and operate
traffic-control signal photo violation-monitoring devices at no more than
twenty five (25) intersections at any one time.
B. Such demonstration program shall utilize necessary technologies to
ensure, to the extent practicable, that photographs produced by such
traffic-control signal photo violation-monitoring systems shall not include
images that identify the driver, the passengers, or the contents of the
vehicle. Provided, however, that no notice of liability issued pursuant to
this Section shall be dismissed solely because a photograph or
photographs allow for the identification of the contents of a vehicle,
provided that the City of Yonkers has made a reasonable effort to comply
with the provisions of this paragraph.
C. The owner of a vehicle shall be liable for a penalty imposed pursuant
to this Section if such vehicle was used or operated with the permission of
the owner, express or implied, in violation of subdivision (d) of Section
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
7
LOCAL LAW (CONTINUED)
eleven hundred eleven of the New York State Vehicle and Traffic Law,
(hereinafter Vehicle and Traffic Law) and such violation is evidenced by
information obtained from a traffic-control signal photo violation-monitoring
system; provided, however, that no owner of a vehicle shall be liable for a
penalty imposed pursuant to this Section where the operator of such
vehicle has been convicted of the underlying violation of subdivision (d) of
Section eleven hundred eleven of the Vehicle and Traffic Law.
D. Notwithstanding any other provision of this Section, no owner of a
vehicle shall be subject to a monetary fine imposed pursuant to this
Section if the operator of such vehicle was operating such vehicle without
the consent of the owner at the time such operator failed to obey a trafficcontrol
indication. For purposes of this subdivision, there shall be a
presumption that the operator of such vehicle was operating such vehicle
with the consent of the owner at the time such operator failed to obey a
traffic-control indication.
E. For purposes of this Section, "owner" shall mean any person,
corporation, partnership, firm, agency, association, lessor, or organization
who at the time of the issuance of a notice of violation in which a vehicle is
operated:
(1) is the beneficial or equitable owner of such vehicle; or
(2) has title to such vehicle; or
(3) is the registrant or co-registrant of such vehicle which is registered
with the Department of Motor Vehicles of the State of New York or
any other state, territory, district, province nation or other
jurisdiction; or
(4) uses such vehicle in its vehicle renting and/or leasing business; or
(5) is an owner of such vehicle as defined by Section one hundred
twenty-eight or subdivision (a) of Section twenty-one hundred one
of the Vehicle and Traffic Law.
F. For purposes of this Section, "traffic-control signal photo violationmonitoring
system" shall mean a device installed to work in conjunction
with a traffic-control signal which, during operation, automatically produces
two or more photographs, two or more microphotographs, a videotape or
other recorded images of each vehicle at the time it is used or operated in
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
8
LOCAL LAW (CONTINUED)
violation of subdivision (d) of Section eleven hundred eleven of the Vehicle
and Traffic Law.
G. A certificate, sworn to or affirmed by a technician employed by the
Traffic Engineer, or a facsimile thereof, based upon inspection of
photographs, microphotographs, videotape or other recorded images
produced by a traffic-control signal photo violation-monitoring system,
shall be prima facie evidence of the facts contained therein. Any
photographs, microphotographs, videotape or other recorded images
evidencing such a violation shall be available for inspection in any
proceeding to adjudicate the liability for such violation imposed pursuant to
this Section.
H. An owner liable for a violation of subdivision (d) of Section eleven
hundred eleven of the Vehicle and Traffic Law pursuant to this Section
shall be liable for monetary penalties in accordance with a schedule of
fines and penalties to be promulgated by such Bureau. The liability of the
owner pursuant to this Section shall not exceed fifty dollars for each
violation; provided however that such Bureau may provide for an
additional penalty not in excess of twenty-five dollars for each violation for
the failure to respond to a notice of liability within the prescribed time
period. Such Bureau shall adjudicate liability imposed by this Section.
I. An imposition of liability under this Section shall not be deemed a
conviction as an operator and shall not be made part of the operating
record of the person upon whom such liability is imposed nor shall it be
used for insurance purposes in the provision of motor vehicle insurance
coverage.
J. A notice of liability shall be sent by first class mail to each person
alleged to be liable as an owner for a violation of subdivision (d) of Section
eleven hundred eleven of the Vehicle and Traffic Law pursuant to this
Section. Personal service on the owner shall not be required. A manual or
automatic record of mailing prepared in the ordinary course of business
shall be prima facie evidence of the facts contained therein.
K. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of subdivision (d) of
Section eleven hundred eleven of the Vehicle and Traffic Law pursuant to
this Section, the registration number of the vehicle involved in such
violation, the location where such violation took place, the date and time of
such violation and the identification number of the camera which recorded
the violation or other document locator number.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
9
LOCAL LAW (CONTINUED)
L. The notice of liability shall contain information advising the person
charged of the manner and the time in which he or she may contest the
liability alleged in the notice. Such notice of liability shall also contain a
warning to advise the persons charged that failure to contest in the
manner and time provided shall be deemed an admission of liability and
that a default judgment may be entered thereon.
M. The notice of liability shall be prepared and mailed by the Bureau or
its designee.
N. If an owner receives a notice of liability pursuant to this Section for
any time period during which the vehicle was reported to the Police
Department as having been stolen, it shall be a valid defense to an
allegation of liability for a violation of subdivision (d) of Section eleven
hundred eleven of the Vehicle and Traffic Law pursuant to this Section
that the vehicle had been reported to the Police as stolen prior to the time
the violation occurred and had not been recovered by such time. For
purposes of asserting the defense provided by this subdivision it shall be
sufficient that a certified copy of the police report on the stolen vehicle be
sent by first class mail, return receipt requested, to such Bureau.
O. The owner liable for a violation of subdivision (d) of Section eleven
hundred eleven of the Vehicle and Traffic Law pursuant to this Section
was not the operator of the vehicle at the time of the violation, the owner
may maintain an action for indemnification against the operator.
P. An appeal of an adjudication of liability pursuant to this Section may
be taken in accordance with this Article.
Q. An owner who is a lessor of a vehicle to which a notice of liability
was is sued pursuant to subdivision (h) of this Section shall not be liable
for the violation of subdivision (d) of Section eleven hundred eleven of the
Vehicle and Traffic Law provided that:
1. prior to the violation the lessor has filed with the Bureau and paid
the required filing fee in accordance with the provisions of Section two
hundred thirty-nine of the Vehicle and Traffic Law; and
2. within thirty-seven days after receiving notice from the Bureau of
the date and time of a liability, together with the other information
contained in the original notice of liability, the lessor submits to the Bureau
the correct name and address of the lessee of the vehicle identified in the
notice of liability at the time of such violation, together with such other
additional information contained in the rental lease or other contract
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
10
LOCAL LAW (CONTINUED)
document, as may be reasonably required by the Bureau pursuant to
regulations that may be promulgated for such purpose.
3. Failure to comply with subparagraph 2 or paragraph one of this
subdivision shall render the owner liable for the penalty prescribed in this
Section.
4. Where the lessor complies with the provisions of this subdivision,
the lessee of such vehicle on the date of such violation shall be deemed to
be the owner of such vehicle for purposes of this section, shall be subject
to liability for such violation pursuant to this section and shall be sent a
notice of liability pursuant to subdivision (h) of this Section.
R. Nothing in this Section shall be construed to limit the liability of an
operator of a vehicle for any violation of subdivision (d) of Section eleven
hundred eleven of the Vehicle and Traffic Law.
S. On or before October 1, 2009, and every four months thereafter, until
such time as the demonstration program authorized in subdivision (a)
hereof shall be fully operational, the Director of the Parking Violations
Bureau shall submit a written report to the City Council on the status of
said demonstration program. Such report shall include, but not be limited
to, the locations selected for inclusion in the demonstration program and
the cost to the city, both individually and collectively, of each location
included in such demonstration project.
T. The Director shall submit to the Governor, the temporary President of
the Senate, the Speaker of the Assembly and the City Council, an annual
report on the results of the use of a traffic-control signal photo violationmonitoring
system on or before July first, two thousand and ten, and on
the same date in each succeeding year, in which the demonstration
program is operable. Such report shall include, but not be limited to:
1. a description of the locations where traffic-control signal photo
violation-monitoring systems were used;
2. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
system is used for the year preceding the installation of such system,
to the extent the information is maintained by the New York State
Department of Motor Vehicles;
3. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
11
LOCAL LAW (CONTINUED)
system is used, to the extent the information is maintained by the New
York State Department of Motor Vehicles;
4. the number of violations recorded at each intersection where a
traffic-control signal photo violation-monitoring system is used and in
the aggregate on a daily, weekly and monthly basis;
5. the total number of notices of liability issued for violations recorded
by such systems;
6. the number of fines and total amount of fines paid after first notice of
liability issued for violations recorded by such systems;
7 the number of violations adjudicated and results of such adjudications
including breakdowns of dispositions made for violations recorded by
such systems;
8. the total amount of revenue realized by Yonkers from such
adjudications;
9. expenses incurred by Yonkers in connection with the program; and
10. quality of the adjudication process and its results.
U. It shall be a defense to any prosecution for a violation of subdivision (d)
of Section eleven hundred eleven of the Vehicle and Traffic Law pursuant
to this Section that such traffic-control indications were malfunctioning at
the time of the alleged violation.
V. This law will terminate, unless extended by the New York State
Legislature, on December 1, 2014. “
Section 2. This local law shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
12
SPECIAL ORDINANCE
2. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the Police
Department for a grant from N.Y.S. Office of Alcoholism and Substance
Abuse, for purpose of Enforcement of Drinking Laws and active
community participation.
Increase Estimated Revenues
NYS DCJS 049-G16-3054-7518 $6,000
Increase Appropriation
Police – Overtime 049-G16-3054-0198 $6,000
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
13
RESOLUTION
3. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the New York State Office of Alcoholism and
Substance Abuse Services (NYS OASAS) has been awarded a Federal
Grant from the United States Department of Justice, Office of Juvenile
Justice and Delinquency (OJJDP) under the Enforcing Underage Drinking
Laws (EUDL) Block Grant; and
WHEREAS, NYS OASAS has entered into an agreement with
Student Assistance Services Corporation, a New York State not for profit
corporation, to increase the number of retail compliance checks and
improve the rate of alcohol establishments that comply with the laws
prohibiting alcohol sales to minors and to prevent and reduce access of
minors to alcohol; and
WHEREAS, the City of Yonkers has agreed to participate as a law
enforcement partner and to participate in the EUDL program, and Student
Assistance Services is empowered to provide said programming in the
City of Yonkers; and
WHEREAS, the Yonkers Police Department has been awarded a
$6,000 grant (2010 OASAS/EUDL Student Assistance Services Sub-
Grant T001162) to ensure that alcohol establishments comply with laws
prohibiting alcohol sale to minors and the City of Yonkers is not obligated
to provide matching funds for this sub-grant; and
WHEREAS, the Mayor of the City of Yonkers is hereby authorized
to execute such agreement with the aforementioned Student Assistance
Services, to provide for the payment of the $6000 grant to the Yonkers
Police Department ; and
NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City
of Yonkers, or his authorized representative, is hereby authorized to
execute the aforementioned Agreement with Student Assistance Services,
to provide a $6000 Grant to the City of Yonkers to assist in the
enforcement of laws prohibiting the sale of alcohol to minors, with no
requirement for matching funds from the City; and be it further;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
14
RESOLUTION (CONTINUED)
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
15
RESOLUTION
4. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the need for universal prekindergarten is
essential for the development of students; and
WHEREAS, the Yonkers City School District has a fully
implemented Universal Prekindergarten Program in its schools
that has been regarded as a model for other districts and has
had a significant positive impact on improving student
performance in the District; and
WHEREAS, due to the current state-wide fiscal crisis, the
Yonkers Universal Prekindergarten Program is now cut in its
entirety in the proposed Fiscal Year 2010-2011 budget; and
WHEREAS, NYS Senator Andrea Stewart-Cousins and
NYS Assemblyman Michael Spano have introduced, Senate Bill
S7190 and Assembly Bill A10435, an act to provide an
apportionment to the Yonkers city school district based upon
universal prekindergarten enrollment; and
WHEREAS, the effect of this bill would be to help the
funding formula to provide the maximum benefit to the local
community it was designed to help; and
WHEREAS, the proposed legislation states “effective
July 1, 2010, there shall be an apportionment made to the
Yonkers city school district, and such apportionment shall be for
an amount equivalent to the base year total of universal
prekindergarten pupils served, multiplied by the value calculated
by subtracting from the selected foundation aid per pupil, the
quotient calculated by dividing the base year universal
prekindergarten grant by the base year total of universal
prekindergarten pupils”; and
WHEREAS, the act provides additional aid of $4.8 million
to the District in support of its commitment to serving the needs
of its prekindergarten population; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
16
RESOLUTION (CONTINUED)
NOW THEREFORE, BE IT RESOLVED, that the City
Council of the City of Yonkers hereby declares that the
enactment of Senate Bill S. 7190 would be in the best interest of
the City and is essential to improving the City’s financial stability
and independence; and
BE IT FURTHER RESOLVED, the City Council of
Yonkers strongly urges the State Senate and Assembly to pass
this important legislation and for Governor Paterson to sign it
into law; and
ALSO RESOLVED, that the City Council requests the
City Clerk to forward a copy of this Resolution to the Legislature
of the State of New York and Governor Paterson requesting the
passage of the aforementioned bill.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
17
RESOLUTION
5. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the current educational funding formula does
not adequately provide for the significant increase in the student
enrollment in Yonkers Public Schools and the significant
demand for English as a Second Language; and
WHEREAS, NYS Senator Andrea Stewart-Cousins and
Assemblyman Michael Spano introduced Senate Bill S4816 and
Assembly Bill A8167, an act to amend the education law, in
relation to supplemental educational improvement plan grants;
and
WHEREAS, the effect of this bill would be to increase
funding to the City of Yonkers by providing a maximum benefit
to the local community it was designed to help; and
WHEREAS, regional cost indexes were recently adopted
under the State's new Foundation Aid formula for public
education; and
WHEREAS, certain school districts, however, may also
receive supplemental educational improvement plan grants,
which are designed to provide additional State funds for the
continuation of programs and services; and
WHEREAS these funds should also be subject to the
regional cost differences accounted for in the new school aid
formula.
WHEREAS, this measure would provide to the Yonkers
city school district with seventeen million five hundred thousand
dollars ($17,500,000).
NOW THEREFORE, BE IT RESOLVED, that the City
Council of the City of Yonkers hereby declares that the
enactment of Senate Bill S4816 and Assembly Bill A8167
amending the education law is in the best interest of the City
and is essential to improving the City’s financial stability and
independence; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
18
RESOLUTION (CONTINUED)
BE IT FURTHER RESOLVED, the City Council of
Yonkers strongly urges the State Senate and Assembly to pass
this important legislation and for Governor Paterson to sign it
into law; and
ALSO RESOLVED, that the City Council requests the
City Clerk to forward a copy of this Resolution to the Legislature
of the State of New York and Governor Paterson requesting the
passage of the aforementioned bill.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
19
RESOLUTION
6. 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 June 30, 2012.
Patrick McLaughlin
20 Wilbur Street
Yonkers, New York 10704
Retired NEW
Patrick McLaughlin
20 Wilbur Street
Yonkers, New York 10704 NEW
City of Yonkers
Steve Tvert
1 David Lane
Yonkers, New York 10701
Citi Bank NEW
Amy Abrusci
695 Yonkers Avenue
Yonkers, New York 10704
Child Care NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
20
RESOLUTION (CONTINUED)
Bernadette McLaughlin
20 Wilbur Street
Yonkers, New York 10704
Retired NEW
Josephine Viviano
437 Palisade Avenue – E2
Yonkers, New York 10703
Clerk RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
21
RESOLUTION
7. BY: MAJORITY LEADER McDOW, COUNCIL PRESIDENT LESNICK,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the Young Women’s Christian Association of Yonkers,
located at 87 South Broadway in Yonkers will be holding its 18th “Celebrity
Chef’s” Benefit on Sunday, June 13, 2010 from 2:00pm until 6:00pm, and
has requested permission from the City Council to display (3) three
banners in specific area promoting this event from the week of May 17
until Monday, June 14, 2010, and
WHEREAS, the Young Women’s Christian Association of Yonkers
requested that they be permitted to place three banners in the following
locations:
1. On Central Park Avenue, at the intersection/overpass of Yonkers
Avenue (Empire City).
2. On Executive Boulevard at the intersection/overpass of North
Broadway (banner to face Executive Boulevard).
3. On Nepperhan Avenue; on the overpass by City Hall
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to the Yonkers Women’s
Christian Association of Yonkers to place three banners in the
aforementioned locations, subject to any terms and conditions deemed
appropriate by the Administration to protect the best interests of the City of
Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
22
RESOLUTION
8. BY: COUNCILMEMBER LARKIN, COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH,
COUNCILMEMBERS TERRERO, GRONOWSKI AND SHEPHERD;
WHEREAS, the late BISHOP ERNEST HAIRSTON and his loving
wife Lucille resided in Yonkers on Runyon Avenue for over 40 years
where they raised their two children and grandchildren; and
WHEREAS, BISHOP ERNEST HAIRSTON graduated from Kimball
High School in the mid-west, attended Aenon Bible Institute in Aenon,
Ohio, received a BA from SUNY Purchase College and a Doctorate of
Theology at Manhattan Bible Institute; and
WHEREAS, BISHOP HAIRSTON served at the Strait Gate
Apostolic Church in Mamaroneck, NY under the leadership of the late
Bishop Powell, thereafter being called to serve the Runyon Heights
Community and the very fine people of The Kings Highway Apostolic
Church as Pastor at 36 Kenmore Street in Yonkers for 38 years; and
WHEREAS, for 38 years not only did BISHOP HAIRSTON provide
spiritual guidance for the Runyon Heights community his heart was filled
with love and compassion opening his home to a host of congregational
and neighborhood children along with orchestrating food drives for the
needy and toy drives for the underprivileged children of Yonkers; and
WHEREAS, BISHOP HAIRSTON assisted many churches
throughout our, City, State, and Nation in their infancy by donating chairs,
organs, pews, lights, transportation and so much more; and
WHEREAS, it is with great sadness that the City Council
recognizing the passing of BISHOP ERNEST HAIRSTON and know that
his accomplishments in the City of Yonkers will greatly be remembered.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby directs the City Clerk to set a public hearing date
for the consideration of adding the honorary street naming of “BISHOP
ERNEST HAIRSTON WAY” on Kenmore Street, between Potomac and
Dunbar Streets; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
23
RESOLUTION (CONTINUED)
BE IT FURTHER RESOLVED, that the City Council requests that
the Administration have the Traffic Engineering Department make and
affix signs at the appropriate street corners designating the honorary
naming; and
BE IT FURTHER RESOLVED, that this Resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
24
RESOLUTION
9. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, Detective John Geiss of the Yonkers Police
Department Cold Case Unit has been a member of the Yonkers Police
Department since 1987, having transferred from the New York City Transit
Police Department, and Detective Geiss has worked in the First and
Fourth Precincts, and in 1995 was promoted to the rank of Detective and
assigned to the Major Case Unit, and continues to serve as the
department’s polygraphist and as a crisis negotiator; and
WHEREAS, on February 5, 1989, Maria Ramos, age 26 years, and
mother of one child, was found murdered at 78 Fernbrook Street, and on
March 28, 1991, Tawanda Hodges, age 27 years, and mother of three
children, was found murdered on Federal Street, and on May 24, 1996,
Kimberly Moore, age 30 years, and mother of two children, was found
murdered at the Tradewinds Motel on Yonkers Avenue, and in 2000,
Detective John Geiss was assigned to the Cold Case Unit and
investigated the aforementioned homicides; and
WHEREAS, Detective Geiss interviewed hundreds of people
related to the above murders, traveled inter-state, and worked tirelessly to
develop leads, evidence and information on the whereabouts of the killer
of the above young women, and Detective Geiss recently learned of a new
submission of DNA to the CODIS database that matched DNA left at the
crime scenes of the above-mentioned murders and subsequently was able
to identify the murderer of the three women; and
NOW, THEREFORE BE IT RESOLVED THAT, the City Council of
Yonkers recognizes the dedication and extraordinary efforts of Detective
John Geiss and the Yonkers Police Department Cold Case Unit that has
brought a serial killer to justice and resulted in grand jury indictments for
the murders of Maria Ramos, Tawanda Hodges and Kimberly Moore.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 25, 2010
25
COMMITTEE REPORTS

Yonkers 2010-2011 Budget Hearing Monday May 24th 7pm

PUBLIC HEARING
CITY BUDGET FOR FISCAL YEAR 2010-2011
5/24/2010 7:00 PM
Saunders High School
183 Palmer Road
Yonkers, New York 10701

Today'sYonkers IDA Public Hearing Notices

http://www.scribd.com/doc/31784340/500-YONKERS

http://www.scribd.com/doc/31784283/Greystone

http://www.scribd.com/doc/31784308/Quincy

http://www.scribd.com/doc/31784330/WEST-ALP

Yonkers IDA Public Hearings Monday May24th at 5:30pm

PUBLIC HEARINGS:

Date: Monday, May 24, 2010
Time: 5:30 pm
Location: Mayor's Reception Room, City Hall
Yonkers NY

-500 Yonkers Ave Realty LLC
-Westchester ALP Property LLC
-Quincy Amusements Inc
-Warburton Riverview LLC

NO FURTHER INFORMATION AVAILABLE AT TIME OF POSTING

PUBLIC HEARING CITY BUDGET FOR FISCAL YEAR 2010-2011

PUBLIC HEARING
CITY BUDGET FOR FISCAL YEAR 2010-2011
5/18/2010 7:00 PM
Yonkers City Hall
40 S. Broadway
Yonkers , New York 10701

Landmarks Preservation Board Special Meeting 5/18/2010 7:00 PM

Landmarks Preservation Board Special Meeting
5/18/2010 7:00 PM
Planning Bureau Conference Room 320
87 Nepperhan Avenue

NO AGENDA AVAILABLE AT TIME OF POSTING

RULES COMMITEE MEETING 5/18/2010 6:30 PM

RULES COMMITEE
5/18/2010 6:30 PM
YONKERS CITY HALL
40 SOUTH BROADWAY
YONKERS, New York 10701

NO AGENDA AVAILABLE AT TIME OF POSTING

Zoning Board of Appeals 5/18/2010 6:00 PM

Zoning Board of Appeals
5/18/2010 6:00 PM
Ceremonial Courtroom (opposite 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, MAY 18, 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:

# 5177 – Use & Area Variance – Snyder & Snyder, LLP on behalf of 1-3 Remsen Road Corp. (owner), & T-Mobile Northeast , LLC (lessee), on premises know as 1-3 Remsen Road aka 57 Newport Road, Block: 4350 Lot: 150, Zone: “MG”.

# 5206 – Improvement to a Non-Conforming Use - James Veneruso, Esq. on behalf of Emile Bachmann, Trust under will of, (owner), on premises known as 792 McLean Avenue, Block: 6223 Lot: 48, Zone: “BR”.

# 5207 – Use & Area Variance – Andrew Romano, esq. on behalf of Moundir Salakie (owner), on premises known as 153 Warburton Avenue, Block: 2099 Lot: 14, Zone: “CM”.

# 5215 – Improvement to a Non-Conforming Use – Andrew Romano, Esq. on behalf of Sineal Whelan (owner), on premises known as 28 South DeVoe Avenue, Block: 6004 Lot: 48, Zone: “T”.

# 5216 – Area Variance – Andrew Romano, Esq. on behalf of Mohamad Quyyum (owner), on premises known as 251 McLean Avenue, Block: 48, Lot: 9, Zone: “BR”.

# 5218 – Area Variance – Andrew Romano, Esq. on behalf of Franco Milio (owner), on premises known as 263 Palisade Avenue, Block: 2091 Lot: 15, Zone: “MG”.

# 5220 – Area Variance – Mitchell Koch, Architect on behalf of Robert Kruger (owner), on premises known as 166 Gailmore Drive, Block: 4462 Lot: 1, Zone: “S-60”.

# 5221 – Area Variance – Walter T. Gorman, PE, PC on behalf of Motiva Enterprises LLC (lessee), & Shell Service Station (owner), on premises known as 145 aka 143 Bronx River Road, Block: 6251 Lot: 13-15, Zone: “B”.

# 5223 – Improvement to a Non-Conforming Use – Andrew J. Balint, Esq. on behalf of Miroslav Kuzmiak (owner), on premises known as 132 Frederick Street, block: 2435 Lot: 27, Zone: “M”.

CONTINUED HEARINGS:

# 5219 – Area Variance – Andrew Romano, Esq. on behalf of Rui Jorge (owner), to construct a new 2-family dwelling. Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 2 ½ story; proposed 3 stories (basement considered a story per G.O. 7-2009)). Insufficient rear yard, as per Section 43-27, Table 43-3, Section 43-33L (required 20.0’; proposed 18.75’+/-). Insufficient front yard, as per Section 43-27, Table 43-3, Section 43-33J (2) (required 29.49’+/- (average alignment); proposed 26.58’+/-). Proposed structure encroaches within the minimum required side setback plane on both sides per G.O.#7-2009H(a) Section 43-34H (a) – Variance required, on premises known as 1323 Nepperhan Avenue, Block: 3378 Lot 6, Zone: “T”.

# 5222 – Area Variance – James J. Veneruso, Esq. on behalf of Sunnybrook Gardens Owner, Inc. (owner), to construct a waste storage structure. Having insufficient side-front yard, as per Section 43-27, Table 43-3 (required 25.0’; proposed 6” +/- scaled), on premises known as 68 Durham Road, Block: 6392 Lot: 53, Zone: “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”.

NEW HEARINGS:

# 5226 – Area Variance – Andrew Romano, Esq. on behalf of Franco Milio (owner), for interior alterations to convert a one-family & store to a three family dwelling. Having insufficient side yard, as per Section 43-27, Table 43-3 (required 16.0’; proposed 1.6’+/-). Insufficient total side yard, as per Section 43-27, Table 43-3 (required 32.0’; proposed 4.50’+/-). Insufficient front yard, as per Section 43-27 & Table 43-3 (required 10.’ proposed 0.25’+/-). Exceeding maximum permitted building coverage, as per Section 43-27, Table 43-3 (required 40%; proposed 41.15%), on premises known as 171 North Broadway, Block: 2094 Lot: 24, Zone: “BA”.

# 5227 – Area Variance – Andrew Romano, Esq. on behalf of Al Omosh/408 Saw Mill River Road Corp. (owner), to legalize a rear auto shop addition & demolish an abandoned garage. Having insufficient side yard, as per Section 43-54, Table 43-3 (required 16.0’; proposed 1.77’). Insufficient total side yard, as per Section 43-54, Table 43-3 (required 32.0’; proposed 17.77’), on premises known as 408 Saw Mill River Road, Block: 2365 Lot: 21, Zone: “CM”.

# 5228 – Area Variance – Chris G. Salibello/Shielding Realty LLC on behalf of himself (owner), to legalize a sunroom in an existing 1-family dwelling. Having insufficient side yard as per Section 43-33K (required 3’-0” minimum (1 side), & total side yard 6.667’ minimum), on premises known as 45 Riverview Place, Block: 472 Lot: 23, Zone: “M”.

# 5229 – Area Variance – Robert Schroeger, Attorney, on behalf of Lawrence J. Centrello Revocable Living Trust (owner) c/o Barbara M. Garland, to legalize the front door vestibule in an existing 1-family dwelling. Having insufficient front yard, as per Section 43-27, Table 43-3 (required 27.25’; proposed 24.8’), on premises known as 101 Westminster Drive, Block: 3200 Lot: 54, Zone: “S-50”.

# 5230 – Improvement to a Non-Conforming Use – Snyder & Snyder LLP, on behalf of 1523 Central Park Avenue Owners, Inc. (owner) & SMSA Limited Partnership d/b/a/ “Verizon Wireless” (lessee), to replace the existing small panel antennas with like-kind antennas, on the roof of an existing multiple dwelling. Whereas, the Improvement to a Non-Conforming Use requires Zoning Board of Appeals approval, as per Section 43-21.G.,on premises known as 1523 Central Park Avenue, Block: 5530 Lot: 435, Zone: “BA”.

# 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”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA

BUDGET HEARING 5/18/2010 11:30 AM

BUDGET HEARING
5/18/2010 11:30 AM
Yonkers City Hall
40 S Broadway
Yonkers, New York 10701

Please be advised there will be a Budget Hearing for the Fiscal Year 2011 Budget on Tuesday, May 18, 2010 beginning at 11:30 AM in the Council Chambers, 4th Floor, City Hall.

The Budget Committee has requested that the Yonkers Parking Authority (YPA) appear before the Committee.

See Revised Agenda below.

Discussion will be on the following items:

* Yonkers Parking Authority (11:30 AM – 12:00 PM)

* Finance (12:00 PM - 1:30 PM)
o Comptroller
o OMB
o Consumer Protection
o PVB
o Bureau of Enforcement
o Assessment
o Purchasing
o Office Services

* Police Department (1:30 PM – 3:30 PM)

· Engineering/Capital Budget/Traffic Engineering (3:30 PM – 4:15 PM)

* Board of Education/Yonkers Public Schools (4:15 PM – 6:15 PM)

We are requesting that all Budget Hearings be televised.
*Note: Times may vary.

Wall Street Journal Article on Yonkers Waterfront Development

http://online.wsj.com/article/SB10001424052748704250104575238391052612362.html?mod=WSJ_Commercial_MIDDLETopNews

Public Hearing on Innovative Transmission Project

Transmission Developers to Hold Fifth in Series of Public Presentations on Innovative Transmission Project

Project details to be discussed, public input welcomed

ALBANY, NEW YORK – Transmission Developers Inc. (TDI) will hold the fifth in a series of public presentations on its innovative power transmission project, the Champlain Hudson Power Express. The Champlain Hudson Power Express will bring safe, secure, affordable, renewable energy to New York and New England. The line will be a High Voltage direct current (HVdc) cable that will be placed in waterways or buried along railway routes to minimize impacts to local communities and the environment.

The project will run from the U.S.-Canadian border to New York and Southern New England. It will deliver renewable power to meet growing demand in that area, increase the security of the State’s electric grid, and reduce energy costs for consumers. More information on the project is available at www.CHPExpress.com.

The public is invited to this informational presentation at the Royal Regency Hotel, 165 Tuckahoe Road in Yonkers, NY on Wednesday, May 12th from 6:00 p.m. to 8:00 p.m.

Additional public meetings will be held along the Champlain Hudson Power Express route over the coming months.

Wednesday’s presentation will give the public an opportunity to learn about the Champlain Hudson Power Express, HVdc technology and the steps TDI has taken to ensure has a minimal impact on the environment or the area’s viewshed. Public input during this meeting is encouraged and welcomed.

The meeting will include one-on-one interaction with TDI’s experts, a presentation on the project and dedicated question and answer period. Refreshments will be served.

What: TDI’s public presentation on the Champlain Hudson Power Express

When: 6:00 p.m. – 8:00 p.m.
Wednesday, May 12, 2010

Where: The Royal Regency Hotel
165 Tuckahoe Road
Yonkers, NY 10710

###

Contact: Andrew Rush (518) 618-1513, arush@mower.com or John Lacey (315) 413-4294, jlacey@mower.com

IDA Regular Board of Directors Meeting Tuesday May 11at at 8:30am

IDA Regular Board of Directors Meeting
Tuesday, May 11, 2010
8:30 a.m.
Mayor's Reception Room
40 South Broadway - City Hall
Yonkers, NY

City Council Meeting Tuesday May 11th at 8pm

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 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 moment of
silence to invoke God’s guidance and Blessing upon our deliberations.
Minutes of the stated meeting held on April 27, 2010 approved on motion of
Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
2
INDEX
OLD BUSINESS
ITEM DESCRIPTION PAGE
1. RES – HONORARY STREET RE-NAMING
“PFC. GEORGE LATHAN” 8/9
NEW BUSINESS
2. S.O. – GRANT – NORTH YKS BOYS & GIRLS
CLUB ($25,000.00) 10
3. S.O. – GRANT – NEPPERHAN COMMUNITY
CENTER ($50,000.00) 11
4. S.O. – GRANT – YKS ANIMAL SHELTER
($100,000.00) 12
5. S.O. – GRANT – HILLCREST LAKERS BOYS &
GIRLS COMMUNITY CLUB ($75,000.00) 13
6. RES – GRANT AGREEMENT – NORTH YKS BOYS
& GIRLS CLUB ($25,000.00) 14
7. RES – GRANT AGREEMENT – NEPPERHAN
COMMUNITY CENTER ($50,000.00) 15
8. RES – GRANT AGREEMENT - YKS ANIMAL
SHELTER ($100,000.00) 16
9. RES – GRANT AGREEMENT - – HILLCREST
LAKERS BOYS & GIRLS COMMUNITY CLUB
($75,000.00 17
10. RES – SETTLEMENT – NAUGHTON ($6,915.15) 18
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
3
INDEX (CONTINUED)
ITEM DESCRIPTION PAGE
11. RESO - COMMISSIONERS OF DEEDS 19/21
12. RES – BANNER – ST. JOHN’S HOSPITAL 22
13. HOME RULE – VIDEO LOTTERY TERMINALS 23/24
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
4
COMMUNICATIONS FROM CITY OFFICIALS
1. FROM LEE ELMAN OF THE YONKERS PLANNING BOARD RE: SEQRA
LEAD AGENCY DETERMINATION/COORDINATED REVIEW
(YONKERS ANIMAL SHELTER) DATED MAY 3, 2010
ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
5
COMMUNICATIONS - GENERALLY
1. FROM THE EDWARD BURROUGHS OF THE WESTCHESTER
COUNTY PLANNING BOARD: IN A LETTER DATED APRIL 28, 2010.
RE: ZONING TEXT AMENDMENT, “DEFINITIONS AND USES”. THE
BOARD NOTIFIES THE CITY THAT THERE ARE NO COUNTY OR
INTER-MUNICIPAL PLANNING ISSUES OF CONCERN TO THE
COUNTY PLANNING BOARD. ON DESKS
2. FROM THE TOWN OF EASTCHESTER; A LETTER DATED APRIL 29,
2010 RE: NOTICE THAT THE ARCHITECTURAL REVIEW BOARD WILL
HOLD A PUBLIC HEARING ON MAY 6, 2010 AT 7:00PM AT THE TOWN
OF EASTCHESTER TOWN HALL, 40 MILL ROAD, EASTCHESTER,
NEW YORK ON THE APPLICATION OF 70 GARTH ROAD.
ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
6
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
7
PUBLIC HEARING
PROPOSED RESOLUTION
A PUBLIC HEARING TO HONORARILY RE-NAME THE INTERSECTION
OF LAMARTINE AVENUE AND LAMARTINE TERRACE IN MEMORY OF
PFC. GEORGE LATHAN.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
8
OLD BUSINESS
RESOLUTION
1. BY: MAJORITY LEADER McDOW, COUNCIL PRESIDENT LESNICK,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
Whereas, many Yonkers Residents enlisted in the Armed Forces
and have fought in many wars not only defend our country but also our
allies, and
Whereas, George Lathan was born November 8, 1949 and resided
in the City of Yonkers, New York at 28 Lamartine Terrace. He was an
active baptized member of Messiah Baptist Church and graduated from
the High School of Commerce in 1967 where he was active in basketball,
baseball and football, and
Whereas, after graduation, George Lathan immediately enlisted in
the United States Army, and
Whereas, Private First Class George Lathan was sent to Saigon,
Vietnam. He was a member of Company A 2nd Battalion (101st
Airbourne) 327 Infantry and was mortally wounded on Sunday, April 28,
1968 in Phu Bai, Republic of Vietnam, and
Whereas, Pfc. Lathan’s mother, Mrs. Rosemyer Lathan received
the Bronze Star and the Purple Heart posthumously, and
Whereas, the awards for bravery were for this heroism in ground
combat against a hostile force in the Republic of Vietnam. Pfc. George
Lathan dfistinguished himself while on a combat operation near Phu fBai,
Republic of Vietnam, and
Whereas, Pfc. Lathan’s Platoon was under attack by an
undetermined size enemy force. He suffered a wound from an enemy
grenade in the initial firing, but Pfc. Lathan continued to fire and
maneuver, enabling the elements of his platoon to gain fire superiority.
Disregarding his own safety, Pfc. George Lathan exposed himself to the
hostile fire, personally killing the sniper and succeeded in routing two
others and as he maneuvered to another firing position he was mortally
wounded by enemy fire. His actions contributed greatly to the successful
routing of the enemy by his platoon, and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
9
RESOLUTION (CONTINUED)
Whereas, Pfc. George Lathan’s personal bravery and devotion to
duty were in keeping with the highest tradition of the military service and
reflect great credit upon himself; his unit; his community; City of Yonkers;
Westchester County; State of New York ; the United States and the United
States Army, and
Whereas, Pfc. George Lathan was the 21st Yonkers resident to be
killed in the Republic of Vietnam, as a result of his longtime Yonkers
residence; bravery and unselfish act to defend his platoon and country,
the family of Pfc. George Lathan is requesting that Lamartine Avenue and
Lamartine Terrace be honorably named “Pfc. George Lathan” and that
there is a Honorary Street Naming Ceremony, and
Whereas, at least 50 percent of the number of residents according
to the City Assessor’s Records adjoining the street(s) or portion of the
street(s) proposed for such honorary naming have signed the required
petition, and
Whereas, Council Rules of April 2010 require a public hearing take
place for such a request, and
Now, therefore be it resolved, that the City Council of Yonkers
hereby directs the City Clerk to set a public hearing date for the
consideration of a honarary street renaming for the late Pfc. George
Lathan.
Be it further resolved, that barring any unforeseen circumstance, a
honorary street renaming ceremony may thereafter be scheduled.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
10
NEW BUSINESS
SPECIAL ORDINANCE
2. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the Parks
Department for a grant from New York State Dormitory Authority
sponsored by Assemblyman Michael Spano for the North Yonkers Boys &
Girls Club to refurbish the roof and floors of their community center.
Increase Estimated Revenues
DASNY 049-G18-1307-7186 $25,000.00
Increase Appropriation
Parks Dept. – Capital Construction 049-G18-1307-0201 $25,000.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
11
SPECIAL ORDINANCE
3. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the Parks
Department for a grant from New York State Dormitory Authority
sponsored by Assemblyman Michael Spano for the renovation of
classrooms at the Nepperhan Community Center.
Increase Estimated Revenues
DASNY 049-G18-1310-7186 $50,000.00
Increase Appropriation
Parks Dept. – Capital Construction 049-G18-1310-0201 $50,000.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
12
SPECIAL ORDINANCE
4. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the Parks
Department for a grant from New York State Dormitory Authority
sponsored by Assemblyman Michael Spano for the construction of the
New Yonkers Animal Shelter.
Increase Estimated Revenues
DASNY 049-G18-1305-7186 $100,000.00
Increase Appropriation
Parks Dept. – Capital Construction 049-G18-1305-0201 $100,000.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
13
SPECIAL ORDINANCE
5. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the Parks
Department for a grant from New York State Dormitory Authority
sponsored by Assemblyman Michael Spano for the construction of the
Hillcrest Boys & Girls Club community center.
Increase Estimated Revenues
DASNY 049-G18-1311-7186 $75,000.00
Increase Appropriation
Parks Dept. – Capital Construction 049-G18-1311-0201 $75,000.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
14
RESOLUTION
6. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the City of Yonkers, has been awarded a $25,000
grant from the Community Action Assistance Program through the
assistance of Assemblyman Mike Spano and Assembly Speaker Sheldon
Silver, to aid the North Yonkers Boys and Girls Club to help refurbish the
roof and floors of their Community Center and no matching fund
contribution is required; and
WHEREAS, the Mayor or the Commissioner of Parks, Recreation
and Conservation of the City of Yonkers is hereby authorized to execute
any documents necessary to receive such grant;
NOW, THEREFORE BE IT RESOLVED, that the City of Yonkers is
hereby authorized to obtain the funds available under the grant; and be it
further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
15
RESOLUTION
7. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the City of Yonkers, has been awarded a $50,000
grant from the Community Action Assistance Program through the
assistance of Assemblyman Mike Spano and Assembly Speaker Sheldon
Silver, to aid the Nepperhan Community Center to help refurbish the
classrooms in the Center and no matching fund contribution is required;
and
WHEREAS, the Mayor or the Commissioner of Parks, Recreation
and Conservation of the City of Yonkers is hereby authorized to execute
any documents necessary to receive such grant;
NOW, THEREFORE BE IT RESOLVED, that the City of Yonkers is
hereby authorized to obtain the funds available under the grant; and be it
further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
16
RESOLUTION
8. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the City of Yonkers, has been awarded a $100,000
grant from the Community Action Assistance Program through the
assistance of Assemblyman Mike Spano and Assembly Speaker Sheldon
Silver, to aid the Yonkers Animal Shelter in their construction of a new
facility for the shelter and no matching fund contribution is required; and
WHEREAS, the Mayor or the Commissioner of Parks, Recreation
and Conservation of the City of Yonkers is hereby authorized to execute
any documents necessary to receive such grant;
NOW, THEREFORE BE IT RESOLVED, that the City of Yonkers is
hereby authorized to obtain the funds available under the grant; and be it
further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
17
RESOLUTION
9. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the City of Yonkers, has been awarded a $75,000
grant from the Community Action Assistance Program through the
assistance of Assemblyman Mike Spano and Assembly Speaker Sheldon
Silver, to aid the Hillcrest Lakers Boys and Girls Club to build a
Community Club Facility and no matching fund contribution is required;
and
WHEREAS, the Mayor or the Commissioner of Parks, Recreation
and Conservation of the City of Yonkers is hereby authorized to execute
any documents necessary to receive such grant;
NOW, THEREFORE BE IT RESOLVED, that the City of Yonkers is
hereby authorized to obtain the funds available under the grant; and be it
further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
18
RESOLUTION
10. 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 of
SIX THOUSAND NINE HUNDRED FIFTEEN AND 15/100 DOLLARS
($6,915.15) of the action entitled, “STATE FARM INSURANCE
COMPANY a/s/o JOHN NAUGHTON, plaintiff against THE CITY OF
YONKERS, Defendant", for property damage arising out of an accident
alleging that a City of Yonkers van struck his vehicle which was parked in
front of 507 Midland Avenue, Yonkers, be and the same hereby is
approved and the Comptroller of the City of Yonkers is directed to draw
his warrant in the amount of SIX THOUSAND NINE HUNDRED FIFTEEN
AND 15/100 DOLLARS ($6,915.15) in favor of said plaintiff.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
19
RESOLUTION
11. 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 June 30, 2012.
Peter Anthony Commisso
50 Raybrook Road
Yonkers, New York 10704
Excavation RENEWAL
Amanda Zeeman
538 Riverdale Avenue
Yonkers, New York 10705
Legal RENEWAL
Leonard Spano
5 Colonial Pkwy North
Yonkers, New York 10710
Self Employed RENEWAL
Victoria Smith
131 Underhill Street
Yonkers, New York 10710
City of Yonkers RENEWAL
Gerard Gannon
120 Colonial Pkwy
Yonkers, New York 10710
Student NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
20
RESOLUTION (CONTINUED)
Erwin Vazquez
41 Quarter Avenue
Yonkers, New York 10705
Westchester County NEW
Leonard Spano
510 Midland Avenue 4J
Yonkers, New York 10704
City Of Yonkers RENEWAL
Steve Wilgermein
84 Park Hill Avenue
Yonkers, New York 10701
City of Yonkers RENEWAL
Meghan Turnbull
2535 Cambreling Avenue 2R
Bronx, New York 10458
Assemblyman Spano NEW
Kerry Bello
1 Georgia Avenue 2A
Yonkers, New York 10708
Assemblyman Spano NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
21
RESOLUTION (CONTINUED)
Laurine A. Porter
43 Pier Street
Yonkers, New York 10705
Andrus Children Center NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
22
RESOLUTION
12. BY: COUNCILMEMBER GRONOWSKI, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER
MURTAGH, COUNCILMEMBERS TERRERO, SHEPHERD AND
LARKIN;
WHEREAS, St. John’s Riverside Hospital has an up coming “Tag
Sale” event May 22, 2010. St. John’s Riverside Hospital has requested
permission from the City Council to place a banner in an area promoting
this event, and
WHEREAS, St. John’s Riverside Hospital has asked that they be
permitted to place one (1) banner on the corner of North Broadway and
Gateway Road or a destination near and by on or before May 12, 2010
and to be removed as soon after May 22, 2010 as is possible.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to St. John’s Riverside Hospital
to place one banner in the aforementioned location, subject to any terms
and conditions deemed appropriate by the Administration to protect the
best interests of the City of Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
23
RESOLUTION
13. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the City of Yonkers is a “host community” for
video lottery terminals located at Empire City; and
WHEREAS, the Video Lottery Terminals bring enormous
benefits to the State of New York in the form of additional
dollars to education; and
WHEREAS, under the current state finance statute, a
“host community” is entitled to 3.5% of the "estimated net
machine income" generated by a video lottery gaming facility
located in such eligible city with a cap at $20 million; and
WHEREAS, Senator Jeff Klein and Assemblyman
Michael Spano and have introduced Senate Bill S.1869 and
Assembly Bill A5403 an act which amends the state finance law
starting on April 1, 2010 and for each state fiscal year
thereafter, to allow “host communities” to receive state aid
payment equal to seven percent of the "estimated net machine
income" generated by a video gaming facility located in the
eligible city or forty (40) million dollars, whichever shall be
greater; and
WHEREAS, the effect of this bill would be to eliminate
the arbitrary cap and allow the funding formula to provide the
maximum benefit to the local community it was designed to
help; and
WHEREAS, the elimination of this arbitrary cap could
provide a $1.2 million benefit to the City of Yonkers, this year
alone.
NOW THEREFORE, BE IT RESOLVED, that the City
Council of the City of Yonkers hereby declares that the
enactment of Senate Bill S.1869 and Assembly Bill A 5403 to
amend the state finance law is in the best interest of the City
and is essential to improving the City’s financial stability and
independence; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
24
RESOLUTION (CONTINUED)
BE IT FURTHER RESOLVED, the City Council of
Yonkers strongly urges the State Senate and Assembly to pass
this important legislation and for Governor Paterson to sign it
into law; and
ALSO RESOLVED, that the City Council requests the
City Clerk to forward a copy of this Resolution to the Legislature
of the State of New York and Governor Paterson requesting the
passage of the aforesaid bills.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, MAY 11, 2010
25
COMMITTEE REPORTS

BUDGET HEARING
5/11/2010 1:00 PM
Yonkers City Hall
40 S. Broadway
Yonkers, New York 10701

Please be advised there will be a Budget Hearing for the Fiscal Year 2011 Budget on Tuesday, May 11, 2010 beginning at 1:00 PM in the Council Chambers, 4th Floor, City Hall.

Discussion will be on the following items:
* Constituent Services (1:00 PM – 2:00 PM)
o Community Services
o Office of the Aging

* Inspector General (2:00 PM – 3:00 PM)

· Department of Public Works (3:00 PM – 4:00 PM)

* Corporation Counsel (4:00 PM – 5:00 PM)

* Housing & Community Redevelopment (5:00 PM – 6:00 PM)

We are requesting that all Budget Hearings be televised.

*Note: Times may vary.

Yonkers Downtown Development is Shrinking

http://www.lohud.com/apps/pbcs.dll/article?AID=20105060352

Green Policy Task Force Meeting Wednesday, May 5, 2010 at 6:30 PM

Please be advised that a Green Policy Task Force Meeting has been scheduled for Wednesday, May 5, 2010 at 6:30 PM in the Conference Room, Yonkers City Hall, 4th Floor. Our guest will be Robin Kriesberg, Ecology Director of the Bronx River Intermunicipal Watershed Plan.

The following items will be on the Agenda:

1. Bronx River Intermunicipal Watershed Plan presentation

2. Transportation

3. Recycling

- Downtown and South Broadway area

4. Energy

5. Land use

- Clean Yonkers/Clean Streets campaign

RULES COMMITEE MEETING TUESDAY MAY 4TH AT 6:30PM

RULES COMMITEE
5/4/2010 6:30 PM
YONKERS CITY HALL
40 SOUTH BROADWAY
YONKERS, New York 10701

No Agenda Available at Time of Posting