Yonkers IDA Meetings December 21st 2011: Last Minute Meetings as per Usual

No Agendas Available at Time of Posting

Yonkers IDA Audit Committee Meeting
Wednesday, December 21, 2011
8:00 am
Mayors Reception Room - City Hall
40 South Broadway, Yonkers NY

Yonkers IDA Regular Board of Directors Meeting
Wednesday, December 21, 2011
8:30 am
Mayors Reception Room - City Hall
40 South Broadway, Yonkers NY


Yonkers Economic Development Corp Board Meeting
Wednesday, December 21, 2011
Immediately following IDA Board Meeting
Mayors Reception Room - City Hall
40 South Broadway, Yonkers NY

http://yonkersida.com/yedcpubs.php

Yonkers IDA & Yonkers Economic Development Corp. Public Hearing

Yonkers IDA & Yonkers Economic Development Corp. Public Hearings

Teutonia Buena Vista, LLC
Monday, December 19, 2011
5:30 pm
Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers, NY

Landmarks Preservation Board Meeting 10/5/2011 7:00 PM

Landmarks Preservation Board Meeting
10/5/2011 7:00 PM
Location: Ceremonial Court Room City Hall
40 South Broadway

Longfellow School: The Dollar Deal School Up For Grabs Again

Trinity Plaza/Longfellow School Site Public Meeting
Date: 10/6/2011 6:00 PM - 8:00 PM
Kubasek Trinity Manor - Senior Center Community Room
1 Kubasek Trinity Manor Drive
Yonkers, New York 10701
2011-10 Trinity Plaza/ Longfellow

The City of Yonkers Department of Planning and Development will be meeting residents and community groups to discuss the Longfellow Project and the design proposal for the local area park revitalization,

WHEN: Thursday, October 6, 2011 at 6:00 PM

WHERE: Kubasek Trinity Manor Senior Center—Community Room

1 Kubasek Trinity Manor Drive

2011-10 Trinity Plaza/ Longfellow

REGULAR MEETING OF THE YONKERS PLANNING BOARD TO BE HELD ON WEDNESDAY, OCTOBER 5, 2011 AT 5:30 P.M.

87 Nepperhan Avenue, Room 320
Yonkers, New York 10701
(914) 377-6555
Fax (914) 377-6552
CITY OF YONKERS r
Philip A. Amicone, Mayor
PLANNING BOARD Roman Kozicky, Chairman
PLANNING BOARD AGENDA YONKERS, NEW YORK

AGENDA: FOR A REGULAR MEETING OF THE YONKERS PLANNING
BOARD TO BE HELD ON WEDNESDAY, OCTOBER 5,
2011 AT 5:30 P.M. IN THE IN THE CITY COUNCIL
CHAMBERS, 4TH FLOOR, YONKERS, NY.
PLEASE NOTE: ANY MATTER REQUIRING A PUBLIC HEARING WILL BE
HEARD AFTER 7 P.M. ITEMS MAY BE TAKEN OUT OF ORDER TO ACCOMMODATE PUBLIC COMMENT OR AS THE BOARD DEEMS NECESSARY.
MINUTES:
1.
MINUTES OF THE REGULAR PLANNING BOARD MEETING HELD ON JULY 13, 2011
OLD BUSINESS:
SITE PLAN

2. SITE PLAN REVIEW FOR A PROPOSED 2 STORY
REVIEW STORAGE WAREHOUSE AT BLOCK: 5505 LOTS: 19-22 ON THE PROPERTY KNOWN AS 13 FULLERTON AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
MICHAEL MCGARVEY, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B.
PLANNING BOARD REVIEW SEQRA/

3. PRELIMINARY SPECIAL USE PERMIT (PLANNED
SPECIAL USE URBAN REDEVELOPMENT [PUR]) FOR THE PROPOSED
PERMIT REVIEW TEUTONIA BUENA VISTA PROJECT AT BLOCK: 511
LOTS: 24, 25, 27 AND BLOCK: 512 LOTS: 1, 11, 13, 15, 17, 21
& 23 ON THE PROPERTY KNOWN AS PARCELS 92 MAIN
STREET, 41-65 & 66-72 BUENA VISTA AVENUE PURSUANT TO ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
ERIC WOLF & KEN DEARDEN, REPRESENTATIVES FOR THE PROPOSAL
A. SEQRA: TYPE I ACTION
LEAD AGENCY PLANNING BOARD
FEIS REVIEW
B.
PLANNING BOARD REVIEW SITE PLAN

4. SITE PLAN REVIEW FOR PROPOSED PARKING LOT &
REVIEW PARKING LOT IMPROVEMENTS AT BLOCK: 3455 LOTS: 30, 40, 50 & 75 ON THE PROPERTIES KNOWN AS 1 & 3 EXECUTIVE BOULEVARD & 4 & 6 EXECUTIVE PLAZA PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
THOMAS GOLDEN, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B.
PLANNING BOARD REVIEW
NEW BUSINESS:SITE PLAN

5. SITE PLAN REVIEW FOR A PROPOSED
REVIEW EXPANSION OF THE EXISTING AUDIO EQUIPMENT ASSEMBLY FACILITY [LIGHT INDUSTRIAL USE] AT BLOCK: 3373 LOT: 11 ON THE PROPERTY KNOWN AS 979 SAW MILL RIVER ROAD [SOUND ASSOCIATES] PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
BRUNO PIETROSANTI, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: ZONING BOARD
B.
PLANNING BOARD REVIEW SITE PLAN

6. SITE PLAN REVIEW FOR PROPOSED SITE
REVIEW IMPROVEMENTS AT THE EXISTING FILM STUDIO AT BLOCK: 4001 LOT: 190 ON THE PROPERTY KNOWN AS 80 HERMANN PLACE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
BRUNO PIETROSANTI, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B.
PLANNING BOARD REVIEW SITE PLAN

7. SITE PLAN REVIEW FOR THE PROPOSED LILLIE PEARL
REVIEW RESIDENTIAL BUILDING AT BLOCK: 2110 LOT: 34 ON THE PROPERTY KNOWN AS 304 WARBURTON AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
JAMES SIMMONS, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: ZONING BOARD
B.
PLANNING BOARD REVIEW SITE PLAN

8. SITE PLAN REVIEW FOR A PROPOSED PLAYGROUND
REVIEW AT BLOCK: 2454 LOT: 23 ON THE PROPERTY KNOWN AS 110 SHONNARD PLACE [SACRED HEART SCHOOL]PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
LORI MALONEY, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B.
PLANNING BOARD REVIEW SITE PLAN

9. SITE PLAN REVIEW FOR A PROPOSED SIGN AT BLOCK:
REVIEW 3535 LOT: 68 ON THE PROPERTY KNOWN AS 967 NORTH BROADWAY [ST. JOHN’S RIVERSIDE HOSPITAL] PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
MICHAEL SANTOLIQUIDO, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: TYPE I ACTION
LEAD AGENCY: TBD
B.
PLANNING BOARD REVIEW SITE PLAN

10. SITE PLAN REVIEW FOR A PROPOSED SIGN AT BLOCK:
REVIEW 5425 LOT: 41 ON THE PROPERTY KNOWN AS 1245 CENTRAL PARK AVENUE [PEPE CADILLAC] PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
MICHAEL SANTOLIQUIDO, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B.
PLANNING BOARD REVIEW SITE PLAN

11. SITE PLAN REVIEW FOR PROPOSED SITE
REVIEW IMPROVEMENTS AT BLOCK: 5039 LOT: 16 ON THE PROPERTY KNOWN AS 829 MIDLAND AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
TOM ABILLAMA, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B.
PLANNING BOARD REVIEW SITE PLAN

12. SITE PLAN REVIEW FOR PROPOSED SITE
REVIEW IMPROVEMENTS BLOCK: 3535 LOT: 68 ON THE PROPERTY KNOWN AS 967 NORTH BROADWAY [ST. JOHN’S RIVERSIDE HOSPITAL] PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
GREG DOERR, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B.
PLANNING BOARD REVIEW ZONING

13. REFERRAL FROM THE YONKERS CITY COUNCIL
ORDINANCE REGARDING THE PROPOSED REZONING OF
AMENDMENT/ DOWNTOWN YONKERS
DEPARTMENT OF PLANNING & DEVELOPMENT, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: DGEIS
LEAD AGENCY: CITY COUNCIL
B. RECOMMENDATION TO THE CITY COUNCIL
OTHER BUSINESS

14. COMMUNICATIONS

15. SCHEDULE WORK SESSIONS AS NECESSARY
PENDING APPLICATIONS:
COTTAGE PLACE GARDENS
HOLD FOR SEQRA
APARTMENTS IN THE DOWNTOWN ZONING AMENDMENT
HOLD FOR MORE INFORMATION
STEEP SLOPES ZONING AMENDMENT
HOLD FOR MORE INFORMATION

Real Estate Committee Meeting 10/4/2011 5:15 PM

Real Estate Committee
10/4/2011 5:15 PM
City Council Chambers
Please be advised that a Real Estate Committee Meeting has been scheduled for Tuesday, October 4th, 2011 at 5:15 PM in the Council Chambers, Yonkers City Hall, 4th Floor.


The following Items will be on the Agenda:

Overview & Discussion - Downtown Rezoning Project.
Resolution – authorizing the issuance of a determination of significance pursuant to the State Environmental Quality Review Act (“SEQRA”) relating to the amendment of the Zoning Code of the City of Yonkers in regard to the South Broadway District.

General Ordinance – amending Section 43-47 of the Zoning Code of the City of Yonkers in regard to the South Broadway District.

Any additional items that may properly come before this committee.
We respectfully request that the Administration direct the appropriate Commissioners/Department Heads or their representatives to attend the meeting so they can address issues relating to their respective departments.

Hooked on Gambling: A Volunteer Tax

VILLAGE VOICE ARTICLE:
http://www.villagevoice.com/2011-09-28/columns/casinos-head-to-nyc-you-lose/

More Rezoning in Downtown Yonkers: Nothing Built in 10 Years

LOHUD ARTICLE:
http://www.lohud.com/apps/pbcs.dll/article?AID=2011109300318a

Taxpayers Paying For Yonkers Developers "Profits" at Cross County and RidgeHill

http://www.lohud.com/apps/pbcs.dll/article?AID=2011109290354

Developers on The Dole: Rebuilding Lower Manhattan: New York Times Article

http://www.nytimes.com/2011/09/11/nyregion/10-years-after-911-downtown-area-is-thriving.html?_r=1&scp=1&sq=Downtowns%20%20rebirth&st=cse

Joint Meeting of the Budget & Education Committees 9/14/2011 11:30 PM

Joint Meeting of the Budget & Education Committees
9/14/2011 11:30 PM

Agenda to follow

"No Agenda Available at Time of Posting"

Real Estate Committee Meeting 9/14/2011 5:30 PM

Real Estate Committee Meeting
9/14/2011 5:30 PM

The following Items will be on the Agenda:

Resolution – amending a Planned Urban Redevelopment Special Use Permit on properties known as Father Pat Carroll Green, also known as Block 2045, Lots 100-102, 104-109, 111-133, 135-142 and 144-165 pursuant to Chapter 43, Article VII of the Yonkers Zoning Code.


Resolution – referring proposed amendment to the Zoning Code of the City of Yonkers in regard to the creation of a new Article and establishing new regulations for the City’s Downtown Area pursuant to Section 43-164 of the Zoning Code of the City of Yonkers.


Any additional items that may properly come before this Committee.

Landmarks Preservation Board Meeting 9/7/2011 7:00 PM

Landmarks Preservation Board Meeting
9/7/2011 7:00 PM
City Hall
40 South Broadway, Ceremonial Court Room

Landmarks Preservation Board Agenda: Click on Link for PDF.
http://www.cityofyonkers.com/Index.aspx?page=1827&recordid=4073

Developers Profiting From 9/11: Village Voice Article

http://www.villagevoice.com/2011-08-31/news/9-11-the-winners-profiting-from-september-eleventh/

Charter Revision Commission Date: 8/31/2011 (If Necessary)

From City Website:
PUBLIC MEETING (If Necessary) - Cahrter Revision Commission
Date: 8/31/2011 7:00 PM - 8:00 PM
Location: Mayor's Office - 2nd Floor
City Hall - 40 South Broadway
Yonkers, New York 10701
CITY OF YONKERS – NOTICE OF PUBLIC MEETINGS AND PUBLIC HEARING

MEETING/HEARING SCHEDULE – Charter Revision Commission

This is an official public notice from the City of Yonkers. Below is a list of Public Meetings and the Public Hearing.

July 27, 2011 at 7:00 p.m. – PUBLIC MEETING (Please be advised that the Commission will allow oral or written comments at the July 27th meeting. Oral comments, if any, will be limited to three (3) minutes.)
August 3, 2011 at 7:00 p.m. – PUBLIC MEETING
August 10, 2011 at 7:00 p.m. – PUBLIC MEETING
August 24, 2011 at 7:00 p.m. – PUBLIC HEARING
August 24, 2011 at 8:00 p.m. – PUBLIC MEETING (directly following August 24, 2011 PUBLIC HEARING)
August 31, 2011 at 7:00 p.m. – PUBLIC MEETING (if needed)
For all above, the items for discussion will include:


1) A Local Law relating to the City Council’s advice and consent with regard to appointments by the Mayor to boards and commissions;


2) A Local Law relating to the organization of the Department of Planning and Development;


3) A Local Law relating to the elimination of references to the former ward system within the Charter.

2011 City of Yonkers | City Hall | 40 South Broadway, Yonk

Green Policy Task Force 8/17/2011 6:30 PM - 8:30 PM

Green Policy Task Force
Green Policy Task Force
8/17/2011 6:30 PM - 8:30 PM
Yonkers City Hall
40 S. Broadway, 4th floor conference room
Yonkers, New York 10701

Zoning Board of Appeals Meeting 8/16/2011 6:00 PM

Zoning Board of Appeals Meeting
8/16/2011 6:00 PM
Ceremonial Court Room - 4th Floor
City Hall, 40 South Broadway
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, AUGUST 16, 2011 at 6:00 P.M. sharp, in the Ceremonial Court Room, 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
# 5265 – Area Variance – Andrew Romano, Esq., on behalf of Higher Power Fitness by Juan Morales (lessee), on premises known as 495 South Broadway, Block: 124, Lot: 48, Zone: “BR”.

# 5270 – Area Variance - Andrew Romano, Esq., on behalf of South Broadway Chicken LLC, (lessee), on premises known as 587 South Broadway, Block: 27, Lots: 20-23, Zone: “B”.

# 5273 – Area Variance and Improvement to Non-Conforming Use - Andrew Romano, Esq., on behalf of Zamm Realty LLC, owner, on premises known as 175 Sterling Avenue, Block: 6266, Lot: 1, Zone: “T”.

# 4490 – Area Variance – Anthony T. Simari, Esq., on behalf of Park Hill Associates, LLC, on premises known as 449 Park Hill Avenue, Block: 103, Lots: 98, 99 & 100, Zone: “A”.

CONTINUED HEARINGS

# 5231 – Area Variance – Veneruso, Curto, Schwartz & Curto, LLP on behalf of Blue Real Estate Holdings, LLC (owner), to construct a new 14 story 220 unit residential apartment building with 4,500 square feet retail space whereas latest revision requires variances for: Exceeding maximum permitted floor area ratio, as per Section 43-27, Table 43-3 (required 3.00; proposed 7.85 +/-). Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 112.5’; proposed 148’-10” +/-). Insufficient front yard, as per Section 43-27 & Table 43-3 (required 10’; proposed 5” +/-) (Yonkers Avenue)). Insufficient side yard, Section 43-27, table 43-3 (required 16’, proposed 1” & 6’-8” +/-). Insufficient total of side yards, Section 43-27, Table 43-3, (required 32’, proposed 6’-9 ½” +/-). Insufficient parking aisle width, as per Section 43-134.A.12) (required 24’-0; proposed 0’ for tandem parking spaces. Exceeding maximum permitted building coverage, as per Section 43-27, Table 43-3 (required 40% for residential; proposed 55% +/-). Fences and walls, including retaining walls must not exceed 4 feet in height in required front yard setback or in any other required yard setback abutting a street and 6 feet in height 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, 16, 17, 18, 19 & 20, Zone: “BA” .


# 5252 – Area Variance - 33 Ashburton Avenue, Block: 2094, Lot: 40, Zone: “M”. (adjourned without fixed date pending City Council reviews).



JOSEPH CIANCIULLI

CHAIRMAN, ZBA

PUBLIC MEETING - Charter Revision Commission Date: 8/10/2011 7:00 PM - 8:00 PM

PUBLIC MEETING - Charter Revision Commission
Date: 8/10/2011 7:00 PM - 8:00 PM
Location: Mayor's Reception Room - 2nd Floor
City Hall - 40 South Broadway
Yonkers, New York 10701
CITY OF YONKERS – NOTICE OF PUBLIC MEETINGS AND PUBLIC HEARING

MEETING/HEARING SCHEDULE – Charter Revision Commission

This is an official public notice from the City of Yonkers. Below is a list of Public Meetings and the Public Hearing.

July 27, 2011 at 7:00 p.m. – PUBLIC MEETING (Please be advised that the Commission will allow oral or written comments at the July 27th meeting. Oral comments, if any, will be limited to three (3) minutes.)
August 3, 2011 at 7:00 p.m. – PUBLIC MEETING
August 10, 2011 at 7:00 p.m. – PUBLIC MEETING
August 24, 2011 at 7:00 p.m. – PUBLIC HEARING
August 24, 2011 at 8:00 p.m. – PUBLIC MEETING (directly following August 24, 2011 PUBLIC HEARING)
August 31, 2011 at 7:00 p.m. – PUBLIC MEETING (if needed)
For all above, the items for discussion will include:


1) A Local Law relating to the City Council’s advice and consent with regard to appointments by the Mayor to boards and commissions;


2) A Local Law relating to the organization of the Department of Planning and Development;


3) A Local Law relating to the elimination of references to the former ward system within the Charter.

Nassau County Voters Reject Building Stadium for Private Corporation

http://www.nydailynews.com/ny_local/2011/08/01/2011-08-01_nassau_county_voters_say_no_to_proposal_to_build_new_arena_for_new_york_islander.html

http://www.nytimes.com/2011/08/02/nyregion/nassau-voters-reject-proposal-to-overhaul-coliseum.html?_r=1&hp

Landmarks Preservation Board Meeting 8/3/2011 7:00 PM

Landmarks Preservation Board Meeting
8/3/2011 7:00 PM
Location: Ceremonial Court Room City Hall
40 South Broadway

NO AGENDA AVAILABLE AT TIME OF POSTING

CANCELED - Public Meeting of Yonkers Charter Revision Commission 8/3/2011 7:00 PM - 8:00 PM

CANCELED - Public Meeting of Yonkers Charter Revision Commission
8/3/2011 7:00 PM - 8:00 PM
Mayor's Reception Room - 2nd Floor
City Hall - 40 South Braodway
Yonkers, New York 10701
THIS MEETING HAS BEEN CANCELED.

Amicone Speaking for the Community in Journal News Article on the Daylighting Project

http://www.lohud.com/article/20110730/NEWS02/107300340/Saw-Mill-River-Yonkers-will-see-daylight-again?odyssey=tab|topnews|text|Frontpage

Yonkers Giving More Taxbreaks to Raceway via the IDA

http://www.lohud.com/apps/pbcs.dll/article?AID=2011107270320

Mulford Gardens in Yonkers visited by HUD officials

http://www.lohud.com/apps/pbcs.dll/article?AID=2011107260318

PUBLIC MEETING - Charter Revision Commission 7/27/2011 7:00 PM - 8:00 PM

PUBLIC MEETING - Charter Revision Commission
7/27/2011 7:00 PM - 8:00 PM
Mayor's Reception Room - 2nd Floor
City Hall - 40 South Broadway
Yonkers, New York 10701
CITY OF YONKERS – NOTICE OF PUBLIC MEETINGS AND PUBLIC HEARING

MEETING/HEARING SCHEDULE – Charter Revision Commission

This is an official public notice from the City of Yonkers. Below is a list of Public Meetings and the Public Hearing.

July 27, 2011 at 7:00 p.m. – PUBLIC MEETING (Please be advised that the Commission will allow oral or written comments at the July 27th meeting. Oral comments, if any, will be limited to three (3) minutes.)
August 3, 2011 at 7:00 p.m. – PUBLIC MEETING
August 10, 2011 at 7:00 p.m. – PUBLIC MEETING
August 24, 2011 at 7:00 p.m. – PUBLIC HEARING
August 24, 2011 at 8:00 p.m. – PUBLIC MEETING (directly following August 24, 2011 PUBLIC HEARING)
August 31, 2011 at 7:00 p.m. – PUBLIC MEETING (if needed)
For all above, the items for discussion will include:

1) A Local Law relating to the City Council’s advice and consent with regard to appointments by the Mayor to boards and commissions;

2) A Local Law relating to the organization of the Department of Planning and Development;

3) A Local Law relating to the elimination of references to the former ward system within the Charter.

Community Development Agency Board Meeting 7/27/2011 4:00 PM

Community Development Agency Board Meeting
7/27/2011 4:00 PM
City Hall, 40 South Broadway
Mayor's Reception Room, 2nd Floor

No Agenda Available at Time of Posting,

Diverse Green Housing opposed in Greenburgh

http://www.lohud.com/apps/pbcs.dll/article?AID=2011107210319

Developers Win in Affordable Housing Cases

http://www.lohud.com/apps/pbcs.dll/article?AID=2011107240326

Yonkers IDA Regular Board of Directors Meeting Date: Tuesday, July 26, 8:30 am

Yonkers IDA Regular Board of Directors Meeting
Date: Tuesday, July 26, 2011
Time: 8:30 am
Location: Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers, NY

Yonkers Economic Development Corp. Board Meeting

Date: Tuesday, July 26, 2011
Time: immediately following IDA Meeting
Location: Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers, NY

Yonkers Industrial Development Agency
Preliminary Agenda
July 26 2011
at 8:30 a.m.
Agenda is subject to change
1) Roll Call
2) Approval of Minutes for the June 21, 2011 Meeting
3) Approval of Financials for June 2011
4) Approval of Final Resolution for St. Casimir’s L.P.
5) Approval of Amended Official Intent Resolution for GPJ Cromwell Limited Partnership
(originally came to board Jan 2010)
6) Legal Updates
7) Other Business
8) Adjournment

Zoning Board of Appeals Meeting 7/19/2011 6:00 PM

Zoning Board of Appeals Meeting
7/19/2011 6:00 PM
Ceremonial Court Room - 4th Floor
City Hall, 40 South Broadway
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, JULY 19, 2011 at 6:00 P.M. sharp, in the Ceremonial Court Room, 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:

# 5254 – Area Variance - Andrew Romano, Esq., on behalf of NY Bagel/John Maiolini, owner, on premises known as 1032 Yonkers Avenue, Block: 6163, Lot: 16, Zone: “B”.

# 5261 – Improvement to a Non-Conforming Use - Anthony Arnold, R.A., on behalf of Dennise Guzman (owner), on premises known as 46 Rigby Street, Block: 5208, Lot: 21, Zone: “S-50”.

# 5264 – Area Variance – Andrew Romano, Esq., on behalf of Chetandeo Bri-Raj (owner), on premises known as 20 Kendon Place, Block: 4802, Lot: 19, Zone: “S-100”.

# 5265 – Area Variance – Andrew Romano, Esq., on behalf of Higher Power Fitness by Juan Morales (lessee), on premises known as 495 South Broadway, Block: 124, Lot: 48, Zone: “BR”.

# 5266 – Area Variance – Alfred DelBello, Esq., on behalf of Dr. Howard Rakov, owner, on premises known as 64 a/k/a 58 Bradford Boulevard, Block: 4529, Lot: 36, Zone: “S-75”.

# 5267 – Area Variance – Andrew Romano, Esq., on behalf of Li Ying Chen (lessee) and Pete IP, (owner), on premises known as 642 McLean Avenue, Block: 6006, Lot: 25, Zone: “B”.

# 5268 – Area Variance - Andrew Romano, Esq., on behalf of Garden Homes Properties Inc. (owners), on premises known as 202 Buena Vista Avenue, Block: 172, Lot: 64, Zone: “A”.


# 5270 – Area Variance - Andrew Romano, Esq., on behalf of South Broadway Chicken LLC, (lessee), on premises known as 587 South Broadway, Block: 27, Lots: 20-23, Zone: “B”.

# 5271 - Area Variance - Stephen Cerrato, Esq., on behalf of Louis Li Frieri (owner), on premises known as 102 Candlewood Drive, Block: 4476, Lot: 23, Zone: “S-60”.

# 5272 – Improvement to a Non-Conforming Use - James Dibbini, Esq., on behalf of Carmela Yazurlo (owner), on premises known as 5 Cypress Street, Block: 6056, Lot: 35, Zone: “T”.

CONTINUED HEARINGS:

# 5231 – Area Variance – Veneruso, Curto, Schwartz & Curto, LLP on behalf of Blue Real Estate Holdings, LLC (owner), on premises known as 1217 Yonkers Avenue, Block: 6383 Lots: 6, 8, 9, 10, 14, 15, 17, 19, 22, 24-27, Zone: “BA” & “MG”.


# 5252 – Area Variance - 33 Ashburton Avenue, Block: 2094, Lot: 40, Zone: “M”. (adjourned without fixed date pending City Council reviews).


NEW HEARINGS:

# 5273 – Area Variance and Improvement to Non-Conforming Use - Andrew Romano, Esq., on behalf of Zamm Realty LLC, owner, for alterations to existing 2-car garage and addition of one (1) storage room in rear yard of 4-family dwelling whereas, improvement to a non-conforming use requires Zoning Board of Appeals approval (ref. Yonkers Zoning Ordinance 43-21.G); having insufficient side yard, Section 43-44(A)(9)(c) (required 15.0’, proposed 6.75’); having insufficient rear yard, Section 43-44(A)(9)(c) (required 15.0’, proposed 9.95’); based upon the definition of a private garage per the Yonkers Zoning Ordinance it is used for parking of vehicles; therefore a storage addition to the garage is not permitted, on premises known as 175 Sterling Avenue, Block: 6266, Lot: 1, Zone: “T”.

# 4490 – Area Variance – Anthony T. Simari, Esq., on behalf of Park Hill Associates, LLC, to request an extension of time on the expiration of the Variance to allow for the completion of the project and to modify the conditions of the approval by eliminating condition #3, on premises known as 449 Park Hill Avenue, Block: 103, Lots: 98, 99 & 100, Zone: “A”.

JOSEPH CIANCIULLI
CHAIRMAN, ZBA

$7.5 million Trevor Park Amphitheater for Yonkers

http://www.lohud.com/apps/pbcs.dll/article?AID=2011107150323

Judge Scolds Empire State Development Corp. on illegally approved changes to Prospect Heights Project

To Read The New York Post Article Go To:
http://m.nypost.com/p/news/local/brooklyn/judge_phase_esdc_over_atlantic_yards_PNNH0utkh0pAsYY8QVl8BO

Yonkers Planning Board has Major Projects Under Review

http://www.lohud.com/apps/pbcs.dll/article?AID=2011107120321

Planning Board Meeting 7/13/2011 5:30 PM

Planning Board Meeting
7/13/2011 5:30 PM
City Hall
City Council Chambers, 4th Floor

To see the agenda go to:
http://foilyonkers.blogspot.com/2011/07/div.html

It's Back: The Charter Revision Commission Meets 7/14/2011 7:00 PM

PUBLIC MEETING - Charter Revision Commission
7/14/2011 7:00 PM - 8:00 PM
Mayor's Reception Room - 2nd Floor
City Hall - 40 South Broadway
Yonkers, New York 10701

This is an official public notice from the City of Yonkers. The Yonkers Charter Revision Commission will hold a PUBLIC MEETING on July 14, 2011 at 7:00 p.m. in the Mayor's Reception Room at City Hall, 40 South Broadway, Yonkers, N.Y. regarding proposed changes to the Yonkers City Charter:

A Local Law relating to the City Council’s advice and consent with regard to appointments by the Mayor to public boards and commissions;

A Local Law relating to the organization of the Department of Planning and Development;

A Local Law relating to the elimination of references to the former ward system within the Charter.

The New York League of Conservation Voters Promoting Developers in Yonkers

http://www.lohud.com/apps/pbcs.dll/article?AID=2011107090331

To read more go to:
http://www.nylcv.org/

Yonkers IDA Public Hearings July 18th 5:30pm

Yonkers IDA Public Hearings:

TEUTONIA BUENA VISTA LLC
Monday, July 18, 2011
5:30 pm
Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers NY


ST. CASIMIR'S L.P.
Monday, July 18, 2011
Time: immediately following Teutonia
Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers NY

Yonkers Corruption Case: Annabi Defends Her Lawyer.

http://www.lohud.com/apps/pbcs.dll/article?AID=2011107080333

Real Estate Committee Meeting 6/28/2011 5:30 PM

Real Estate Committee Meeting
6/28/2011 5:30 PM
Council Chambers

No Agenda Available at time of Posting

CITY COUNCIL MEETING 6/28/2011 8:00 PM

CITY COUNCIL MEETING
6/28/2011 8:00 PM - 10:00 PM
CITY COUNCIL CHAMBERS
40 SOUTH BROADWAY
YONKERS, New York 10701
To View The Agenda go to:
http://www.cityofyonkers.com/?page=1827&recordid=4356&returnURL=%2findex.aspx

More Tax Break Deals from the IDA

http://www.lohud.com/apps/pbcs.dll/article?AID=2011106230382

More Affordable Housing for Yonkers

http://www.lohud.com/apps/pbcs.dll/article?AID=2011106240320

Ridge Hill Corruption Case: Prosecutors Claim Annabi's Defense Uses Suspended Lawyer

http://www.lohud.com/apps/pbcs.dll/article?AID=2011106210325

Zoning Board of Appeals Meeting 6/21/2011 6:00 PM

Zoning Board of Appeals Meeting
6/21/2011 6:00 PM
Ceremonial Court Room - 4th Floor
City Hall, 40 South Broadway
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, JUNE 21, 2011 at 6:00 P.M. sharp, in the Ceremonial Court Room, 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:

# 5079A – Area Variance – Andrew Romano, Esq., on behalf of Abdo Chakkalo, owner, on premises known as 7 a/k/a 9 Palisade Avenue, Block: 2018, Lot: 37, Zone: “CBD”.

# 5224 – Area Variance – James J. Veneruso, Esq. on behalf of Smith-Cairns Ford, Inc. (owner), on premises known as 900 Central Park Avenue a/k/a 10 Schaefer Avenue, Block: 5111 Lot: 1, Zone: “OL”.

# 5231 – Area Variance – Veneruso, Curto, Schwartz & Curto, LLP on behalf of Blue Real Estate Holdings, LLC (owner), on premises known as 1217 Yonkers Avenue, Block: 6383 Lots: 6, 8, 9, 10, 14, 15, 17, 19, 22, 24-27, Zone: “BA” & “MG”.

# 5250 – Area Variance – Andrew Romano, Esq., on behalf of Sabath Luyando, on premises known as 142 Parkview Avenue, Block: 5665, Lot: 5, Zone: “S-50”.

# 5254 – Area Variance - Andrew Romano, Esq., on behalf of NY Bagel/John Maiolini, owner, on premises known as 1032 Yonkers Avenue, Block: 6163, Lot: 16, Zone: “B”.

# 5260 – Area Variance - Andrew Romano, Esq., on behalf of Osvaldo Severo, V.P., Halcon Development LLC, owner, on premises known as 19 Burhans Avenue, Block: 2364, Lots: 36-38, Zone: “M”.

# 5261 – Improvement to a Non-Conforming Use - Anthony Arnold, R.A., on behalf of Dennise Guzman (owner), on premises known as 46 Rigby Street, Block: 5208, Lot: 21, Zone: “S-50”.

# 5264 – Area Variance – Andrew Romano, Esq., on behalf of Chetandeo Bri-Raj (owner), on premises known as 20 Kendon Place, Block: 4802, Lot: 19, Zone: “S-100”.

# 5265 – Area Variance – Andrew Romano, Esq., on behalf of Higher Power Fitness by Juan Morales (lessee), on premises known as 495 South Broadway, Block: 124, Lot: 48, Zone: “BR”.

# 5266 – Area Variance – Alfred DelBello, Esq., on behalf of Dr. Howard Rakov, owner, on premises known as 64 a/k/a 58 Bradford Boulevard, Block: 4529, Lot: 36, Zone: “S-75”.

# 5267 – Area Variance – Andrew Romano, Esq., on behalf of Li Ying Chen (lessee) and Pete IP, (owner), on premises known as 642 McLean Avenue, Block: 6006, Lot: 25, Zone: “B”.

CONTINUED HEARINGS

# 5252 – Area Variance - 33 Ashburton Avenue, Block: 2094, Lot: 40, Zone: “M”. (adjourned without fixed date pending City Council reviews).

NEW HEARINGS

# 5268 – Area Variance - Andrew Romano, Esq., on behalf of Garden Homes Properties Inc. (owners), to convert existing 18 room and 1 apartment rooming house to create five new (5) apartments for a total of 6 apartments having insufficient side yard, Section 43-27, Table 43-3 (required 16 ft./32 ft. proposed 0.12/1.18); insufficient side-front yard, Section 43-27, Table 43-3 (required 20 ft., proposed 1.06 ft); insufficient front yard, Section 43-27, Table 43-3 (required 25 ft., proposed 11 ft. (scaled)); insufficient parking, Section 43-128, Table 43-4 (required 10 spaces, proposed 2 spaces); exceeding maximum permitted building coverage, Section 43-27, Table 43-3 (required 40%, proposed 46%), on premises known as 202 Buena Vista Avenue, Block: 172, Lot: 64, Zone: “A”.

# 5269 – Area Variance - Andrew Romano, Esq., on behalf of Lincoln Park Jewish Center (owners) for the construction of a six (6) foot high fence around premises whereas the proposed fence exceeds maximum permitted height in front yard, 43-41D(3)a, 4’-0” maximum permitted, 6’-0” proposed; non-compliant with Section 43-41D(2); “electrically changed, barbwire fencing or other fencing constructed of sharp materials shall not be permitted”; proposed balusters have “spears” attached to top, on premises known as 287 Central Park Avenue, Block: 6030, Lot: 77, Zone: “S-50”.

# 5270 – Area Variance - Andrew Romano, Esq., on behalf of South Broadway Chicken LLC, (lessee), to convert vacant 1-story masonry building to create a fast-food restaurant having insufficient parking, Section 43-128, Table 4 (required 21 cars, proposed 15 cars); parking within the minimum front yard not permitted, Section 43-133A(3), on premises known as 587 South Broadway, Block: 27, Lots: 20-23, Zone: “B”.

# 5271 - Area Variance - Stephen Cerrato, Esq., on behalf of Louis Li Frieri (owner), for proposed alterations and addition and new garage to existing 1-family dwelling having insufficient side yard, Section 43-27, Table 43-3 (required 8.0’, proposed 6.16’); insufficient total side yard, Section 43-27, Table 43-3 (required 17.0’, proposed 14.83’); proposed structure encroaches within the minimum required side setback plane per Section 43-34H(a), variance required, on premises known as 102 Candlewood Drive, Block: 4476, Lot: 23, Zone: “S-60”.

# 5272 – Improvement to a Non-Conforming Use - James Dibbini, Esq., on behalf of Carmela Yazurlo (owner), to legalize the construction of two (2) open porches on an existing 3-family dwelling, whereas improvement to a non-conforming use requires Zoning Board of Appeals approval per Section 43-21.G, on premises known as 5 Cypress Street, Block: 6056, Lot: 35, Zone: “T”.

JOSEPH CIANCIULLI, CHAIRMAN
ZONING BOARD OF APPEALS

Regular Meeting of the Yonkers Industrial Development Agency June 21, 2011 at 8:30 a.m.

Regular Meeting
of the
Yonkers Industrial Development Agency
Preliminary Agenda
June 21, 2011
at 8:30 a.m.
Agenda subject to change
1) Roll Call
2) Approval of Financials for May 2011
3) Approval of Minutes for the June 7, 2011 Meeting
4) Approval of Final Resolution for Kimber Manufacturing, Inc.
5) Approval of Final Resolution for Yonkers Racing Corporation Phase I-a (expansion
project)
6) Approval of Inducement Resolution for Teutonia Buena Vista LLC
7) Approval of Inducement Resolution for St. Casimir’s L.P.
8) Legal Updates
9) Other Business
10) Adjournment

Legislation, Code, Intergovernmental MeetingTuesday June 21 at 5:30pm

Please be advised there will be a meeting of the Legislation, Codes & Intergovernmental Committee on Tuesday, June 21, 2011 at 5:30 in the Council Chambers, 4th Floor, City Hall. Item in Council Share “H” drive, under June 21, 2011 (Year 2011)

AGENDA:

Councilmember Terrero: A General Ordinance Amending the Code of the City of Yonkers Part VII, Nuisances, Public Welfare and Criminal, Chapter 68, Smoking, by CREATING A NEW ARTICLE IV “SMOKING IN PLAYGROUNDS”;
Any additional items that may properly come before this Committee.

We respectfully request that the Administration direct the appropriate Commissioners/Department Heads or their representatives to attend the meeting so they can address issues relating to their respective departments.

Community Development Agency Board Meeting 6/16/2011 1:00 PM

Community Development Agency Board Meeting
6/16/2011 1:00 PM
City Hall, 40 South Broadway,
Mayors Reception Room, 2nd Floor
Yonkers, New York 10701

Agenda and related documents can be reviewed between the hours of 8:30am-4:30pm

City of Yonkers

City Hall

Office of Economic Development, Suite 416

No Agenda Available at Time of Posting

IDA PUBLIC HEARING Thursday June 16th at 5:30pm

PUBLIC HEARING:
KIMBER MANUFACTURING, INC.
and
YONKERS RACING CORPORATION Phase I-a

Will be held on:
Thursday, June 16, 2011

Starting at
5:30 pm
In the Mayor’s Reception Room – City Hall 2nd floor

Westchester Growth by National RE/sources in WestFair online

http://westfaironline.com/2011/14040-a-new-view-on-westchester%E2%80%99s-growth/

Forest City Ratner and the Ridgehill Development in the New York Times

http://www.nytimes.com/2011/06/05/realestate/a-town-within-a-city-in-the-regionwestchester.html?_r=1&scp=1&sq=coming%20soon:a%20town%20within%20a%20city&st=cse

Historical Preservation Pays off in Yonkers

http://query.nytimes.com/gst/fullpage.html?res=950DE2D81F3CF936A35755C0A9679D8B63&&scp=2&sq=the%20next%20best%20thing%20to%20marrying%20a%20duke&st=cse

Green Policy Task Force 6/15/2011 6:30 PM

Green Policy Task Force
Green Policy Task Force
6/15/2011 6:30 PM - 8:30 PM
Yonkers City Hall
40 S. Broadway, 4th floor conference room
Yonkers, New York 10701

CITY COUNCIL MEETING 6/14/2011 8:00 PM - 10:00 PM

CITY COUNCIL MEETING
6/14/2011 8:00 PM - 10:00 PM
CITY COUNCIL CHAMBERS
40 SOUTH BROADWAY
YONKERS, New York 10701

AGENDA 06-14-2011

http://www.cityofyonkers.com/?page=1827&recordid=4328&returnURL=%2findex.aspx

SPECIAL MEETING OF THE CITY COUNCIL, TO BE HELD ON MONDAY, JUNE 13 AT 9:15pm

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



WE, THE UNDERSIGNED MEMBERS OF THE CITY COUNCIL, PURSUANT TO RULE 1.2 OF THE CITY COUNCIL RULES, DO HEREBY CALL A SPECIAL MEETING OF THE CITY COUNCIL, TO BE HELD ON MONDAY, JUNE 13, 2011 IN THE CITY COUNCIL CHAMBERS, FOURTH FLOOR, CITY HALL, YONKERS, NEW YORK AT 9:15 P.M. FOR THE FOLLOWING PURPOSE:


1. TO DISCUSS AND TAKE ACTION ON A RESOLUTION REQUESTING THE ADOPTION AND PASSAGE OF STATE LEGISLATION AUTHORIZING THE CREATION OF A TRANSITIONAL FINANCING AUTHORITY FOR THE CITY OF YONKERS.

COUNCIL PRESIDENT CHUCK LESNICK
MINORITY LEADER JOHN MURTAGH COUNCILMEMBER DENNIS SHEPHERD
COUNCILMEMBER JOHN LARKIN








AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
SPECIAL MEETING
MONDAY JUNE 13, 2011




PAGE


PAGE 1

Real Estate Committee Meeting Tuesday June 7th at 7pm

Please be advised that a Real Estate Committee Meeting has been scheduled for Tuesday, June 7th at 7:00 PM in the Council Chambers, Yonkers City Hall, 4th Floor.

Please Note: Additional Item added to Agenda

Resolution – approving an amendment to the agreement between the City of Yonkers and the County of Westchester for improvements to be made at JFK Marina, Trevor Park, JFK Memorial Drive and Warburton Avenue.

The following items will be on the Agenda:

1. Special Ordinance - $4000 – increase of revenue and appropriations and authorization for Mayor to execute agreement – Preservation League of New York State – to assist in the citywide historic building inventory survey – Planning and Development.

2. Resolution – approving an amendment to the agreement between the City of Yonkers and the County of Westchester for improvements to be made at JFK Marina, Trevor Park, JFK Memorial Drive and Warburton Avenue.

3. Resolution – approving amendment to site designation area for the Nodine Hill Urban Renewal Area in accordance with Section 504 of Article 15 of the General Municipal Law.

4. Resolution – declaring Lead Agency status for the Nodine Hill Urban Renewal Plan and Master Plan.

5. Resolution – authorizing the issuance of a determination of significance pursuant to the State Environmental Quality Review Act (“SEQRA”) relating to the Nodine Hill Urban Renewal Plan of the City of Yonkers.

6. Resolution – authorizing the issuance of a determination of significance pursuant to the State Environmental Quality Review Act (“SEQRA”) relating to the Nodine Hill Master Plan of the City of Yonkers.

7. Resolution – approving the Nodine Hill Urban Renewal Plan.

8. Resolution – approving the Nodine Hill Master Plan.

9. Any additional items that may properly come before this Committee.

Regular Meeting of the Yonkers Industrial Development Agency June 7, 2011 at 8:30 a.m.

Regular Meeting
of the
Yonkers Industrial Development Agency
Preliminary Agenda
June 7, 2011
at 8:30 a.m.
Agenda subject to change
1) Roll Call
2) Approval of Minutes for the May 11, 2011 Meeting
3) Approval of Financials for April 2011
4) Approval of Inducement for Kimber Manufacturing
5) Approval of Inducement for Yonkers Racing Corporation
6) Legal Updates,
7) Other Business
8) Adjournment

Developer Being Sued by Woman who was forced to leave her house in Yonkers

http://www.lohud.com/apps/pbcs.dll/article?AID=2011106030332

Real Estate Committee Meeting to be held on Tuesday, June 7th at 7 p.m.

Please mark your calendars for our next Real Estate Committee Meeting to be held on Tuesday, June 7th at 7 p.m.

NO AGENDA AVAILABLE AT TIME OF POSTING

More on the Yonkers Corruption Case

To read the Lohud Article go to:
http://www.lohud.com/apps/pbcs.dll/article?AID=2011106020400

Landmarks Preservation Board Meeting 6/1/2011 7:00 PM

Landmarks Preservation Board Meeting
6/1/2011 7:00 PM
Ceremonial Court Room City Hall
40 South Broadway



CITY OF YONKERS Philip A. Amicone, Mayor

LANDMARKS PRESERVATION BOARDRichard A. Carlson, Chairman


MEETING AGENDA


PLEASE NOTE: ITEMS MAY BE TAKEN OUT
OF ORDER TO ACCOMMODATE PUBLIC COMMENT
OR AS THE CHAIRMAN DEEMS NECESSARY.


FOR A REGULAR MEETING OF THE LANDMARKS PRESERVATION BOARD TO BE HELD ON WEDNESDAY, JUNE 1, 2011 AT 7 PM IN THE CEREMONIAL COURT ROOM, CITY HALL, 4TH FLOOR

OLD BUSINESS

CERTIFICATE OF
APPROPRIATENESS


1. PHILIPSE MANOR HISTORIC DISTRICT


a) REVIEW AND VOTE ON THE PROPOSAL TO RESTORE THE BUILDINGS AND CONSTRUCT RETAIL AND LIVE-WORK UNITS AT:

ADDRESS BLOCK LOT
6-8 WELLS AVENUE 2017 24
50 WARBURTON AVENUE 2017 23
48 WARBURTON AVENUE 2017 22
46 WARBURTON AVENUE 2017 21
44 WARBURTON AVENUE 2017 20



CERTIFICATE OF
APPROPRIATENESS

2. REVIEW AND VOTE ON THE PROPOSAL TO REMOVE AND REPLACE WINDOWS, PAINT HOME AND ADD FRENCH DOORS AND SHUTTERS AT 11 BEECHMONT AVENUE [AKA 17 BEECHMONT AVENUE] BLOCK: 5596; LOT: 19 IN THE CEDAR KNOLLS HISTORIC DISTRICT.

NEW BUSINESS

DEMOLITION
PERMIT
REVIEW
3. REVIEW OF A PERMIT TO DEMOLISH THE REAR ANNEX TO THE FORMER MAIN STREET LIBRARY AT 5-7 MAIN STREET BLOCK: 2003, LOT: 37 TO DETERMINE THE WORTHINENSS OF LANDMARKING PURSUANT TO EXECUTIVE ORDER DATED JUNE 6, 2008.

CERTIFICATE OF
APPROPRIATENESS

4. REVIEW AND VOTE ON THE PROPOSAL TO REPLACE ASPHALT DRIVEY AT 251 PONDFIELD ROAD WEST, BLOCK: 5585; LOT: 1 IN THE CEDAR KNOLLS HISTORIC DISTRICT.

CERTIFICATE OF
APPROPRIATENESS

5. REVIEW AND VOTE ON THE PROPOSAL TO REMOVE TREES AT 272 PONDFIELD ROAD WEST, BLOCK: 5605; LOTS: 7 & 9 IN THE CEDAR KNOLLS HISTORIC DISTRICT.

CERTIFICATE OF
APPROPRIATENESS

6. REVIEW AND VOTE ON THE PROPOSAL TO REPLACE ROOF , REPAIR WINDOWS, TRIM, GUTTERS AND CHIMNEY AT 275 WARBURTON AVENUE [BROOKS FUNERAL HOME] BLOCK: 2116; LOT: 48 IN THE HALCYON PLACE HISTORIC DISTRICT.


CERTIFICATE OF
APPROPRIATENESS

7. REVIEW AND VOTE ON THE PROPOSAL TO EXPAND KITCHEN AND RELOCATE EXISTING WINDOWS AT 19 BEECHMONT AVENUE BLOCK: 5596; LOT: 15 IN THE CEDAR KNOLLS HISTORIC DISTRICT.

MINUTES:
8. MINUTES OF THE MEETING HELD ON
MAY 4, 2011


OTHER BUSINESS:

9. FORMATION OF DEMOLITION SUBCOMMITTEE

10. OTHER ITEMS FOR DISCUSSION

Budget and Finance Committee on Tuesday, May 31, 2011 at 6:00PM

Please be advised there will be a meeting of the Budget and Finance Committee on Tuesday, May 31, 2011 at 6:00PM in the Council Chambers, 4th Floor, City Hall.

Items on the Agenda include:

1. Transitional Finance Authority

2. Financial Stability Authority

3. Overtime Caps

4. All other business properly coming before this committee


We respectfully request the Mayor to direct the appropriate Commissioners/Department Heads/staff to attend stated meeting and address the Council on the above issue as it pertains to their respective departments. We request this meeting be televised

Mangone to testify in Yonkers Corruption Trial

Lohud Article:
http://www.lohud.com/apps/pbcs.dll/article?AID=2011105280344

YONKERS COMMUNITY DEVELOPMENT AGENCY PUBLIC MEETING 5/25/2011 4:30 PM

YONKERS COMMUNITY DEVELOPMENT AGENCY PUBLIC MEETING
5/25/2011 4:30 PM
CITY HALL - MAYORS RECEPTION ROOM
40 SOUTH BROADWAY
YONKERS, New York 10701

INFORMATION AND AGENDA ARE AVAILABLE IN ROOM 416

Special City Council Meeting at 7:30pm Today May 19th 2011

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


A MEETING OF THE BUDGET COMMITTEE WILL BE HELD ON THURSDAY, MAY 19, 2011 AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS TO DISCUSS THE ADOPTION AND PASSAGE OF STATE LEGISLATION AUTHORIZING THE CREATION OF A TRANSITIONAL FINANCING AUTHORITY FOR THE CITY OF YONKERS. THIS BUDGET COMMITTEE MEETING WILL BE FOLLOWED IMMEDIATELY BY A SPECIAL COUNCIL MEETING.

WE, THE UNDERSIGNED MEMBERS OF THE CITY COUNCIL, PURSUANT TO RULE 1.2 OF THE CITY COUNCIL RULES, DO HEREBY CALL A SPECIAL MEETING OF THE CITY COUNCIL, TO BE HELD ON THURSDAY, MAY 19, 2011 IN THE CITY COUNCIL CHAMBERS, FOURTH FLOOR, CITY HALL, YONKERS, NEW YORK AT 7:30 P.M. OR IMMEDIATELY FOLLOWING THE BUDGET COMMITTEE MEETING FOR THE FOLLOWING PURPOSE:


1. TO DISCUSS AND TAKE ACTION ON A RESOLUTION REQUESTING THE ADOPTION AND PASSAGE OF STATE LEGISLATION AUTHORIZING THE CREATION OF A TRANSITIONAL FINANCING AUTHORITY FOR THE CITY OF YONKERS.

COUNCIL PRESIDENT CHUCK LESNICK
MAJORITY LEADER PATRICIA McDOW
MINORITY LEADER JOHN MURTAGH
COUNCILMEMBER WILSON TERRERO
COUNCILMEMBER JOAN GRONOWSKI
COUNCILMEMBER DENNIS SHEPHERD
COUNCILMEMBER JOHN LARKIN

Green Policy Task Force Meeting 5/18/2011 6:30 PM

Green Policy Task Force
Green Policy Task Force
5/18/2011 6:30 PM - 8:30 PM
Yonkers City Hall
40 S. Broadway, 4th floor conference room
Yonkers, New York 10701

Zoning Board of Appeals Meeting 5/17/2011 6:00 PM

Zoning Board of Appeals Meeting
5/17/2011 6:00 PM
Ceremonial Court Room - 4th Floor
City Hall, 40 South Broadway
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 17, 2011 at 6:00 P.M. sharp, in the Ceremonial Court Room, 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:

# 5079A – Area Variance – Andrew Romano, Esq., on behalf of Abdo Chakkalo, owner, on premises known as 7 a/k/a 9 Palisade Avenue, Block: 2018, Lot: 37, Zone: “CBD”.

# 5224 – Area Variance – James J. Veneruso, Esq. on behalf of Smith-Cairns Ford, Inc. (owner), on premises known as 900 Central Park Avenue a/k/a 10 Schaefer Avenue, Block: 5111 Lot: 1, Zone: “OL”.

# 5231 – Area Variance – Veneruso, Curto, Schwartz & Curto, LLP on behalf of Blue Real Estate Holdings, LLC (owner), on premises known as 1217 Yonkers Avenue, Block: 6383 Lots: 6, 8, 9, 10, 14, 15, 17, 19, 22, 24-27, Zone: “BA” & “MG”.

## 5250 – Area Variance – Andrew Romano, Esq., on behalf of Sabath Luyando, on premises known as 142 Parkview Avenue, Block: 5665, Lot: 5, Zone: “S-50”.

# 5254 – Area Variance - Andrew Romano, Esq., on behalf of NY Bagel/John Maiolini, owner, on premises known as 1032 Yonkers Avenue, Block: 6163, Lot: 16, Zone: “B”.

# 5257 – Area Variance – Andrew Romano, Esq., on behalf of Farid Marji (owner), on premises known as 217 Mountaindale Road, Block: 4463, Lot: 45, Zone: “S-60”.

# 5260 – Area Variance - Andrew Romano, Esq., on behalf of Osvaldo Severo, V.P., Halcon Development LLC, owner, on premises known as 19 Burhans Avenue, Block: 2364, Lots: 36-38, Zone: “M”.

# 5261 – Improvement to a Non-Conforming Use - Anthony Arnold, R.A., on behalf of Dennise Guzman (owner), on premises known as 46 Rigby Street, Block: 5208, Lot: 21, Zone: “S-50”.

# 5262 – Area Variance - James. G. Dibbini, Esq., on behalf of Juan Morales (owner), on premises known as 22 Garfield Street, Block: 443, Lot: 20, Zone: “M”.

CONTINUED HEARINGS

# 5252 – Area Variance - 33 Ashburton Avenue, Block: 2094, Lot: 40, Zone: “M”. (adjourned without fixed date pending City Council reviews).

NEW HEARINGS

# 5264 – Area Variance – Andrew Romano, Esq., on behalf of Chetandeo Bri-Raj (owner), for the legalization of existing concrete patio, concrete deck, front retaining wall and slate stone patio to existing 1-family dwelling (with in-law) having insufficient side yard setback to existing concrete patio to be legalized per Section 43-41A(2), (3’-0” minimum required, 1.9’ provided); insufficient side yard setback to existing elevated concrete deck (rear, north) (19’-0” x 10’) to be legalized per Section 43-41(A)(2) and Table 43-3; 15’-0” minimum required, 11’-0” +/- proposed (scaled); insufficient side yard setback to existing elevated slate stone patio (north side) to be legalized per Section 43-41(A)(2) and Table 43-3; 15.0’ minimum required, 1’-0” +/- proposed (scaled); front retaining wall to be legalized exceeds maximum permitted height in minimum front yard setback per 43-41D(3)(a) 4’-0” maximum permitted, 4’-3” provided, on premises known as 20 Kendon Place, Block: 4802, Lot: 19, Zone: “S-100”.

# 5265 – Area Variance – Andrew Romano, Esq., on behalf of Higher Power Fitness by Juan Morales (lessee) for interior alterations to create a gym in existing basement of retail building having insufficient parking, Section 43-127 & Table 43-4 (required 26 spaces proposed 0 spaces), on premises known as 495 South Broadway, Block: 124, Lot: 48, Zone: “BR”.

# 5266 – Area Variance – Alfred DelBello, Esq., on behalf of Dr. Howard Rakov, owner, for the legalization of alterations, shed, patio and greenhouse to existing 1-family dwelling with dental office having insufficient side yard setback for shed per Section 43-41(O)(3) (5’ required; 1’-6’ +/- proposed); shed is larger than permitted by YBC Section 56-95D (11’ x 12’ maximum permitted; 11’-7” x 20’-6” proposed) – Variance required; exceeds maximum number of accessory structures per Section 43-41(O)(2) (1 permitted, 2 proposed); show compliance with Section 43-41(O) for shed for zoning review; insufficient side yard for storage room at basement level per Section 43-27, Table 43-3 (11’ required: 2’-8” +/- provided); insufficient side yard for patio per Section 43-41(A) (3’ required; 2’-8” +/- provided), on premises known as 64 a/k/a 58 Bradford Boulevard, Block: 4529, Lot: 36, Zone: “S-75”.

# 5267 – Area Variance – Andrew Romano, Esq., on behalf of Li Ying Chen (lessee) and Pete IP, (owner), for the interior alterations to change occupancy to a restaurant having insufficient parking per Section 43-128 and Table 43-4 (required 15 additional parking spaces), on premises known as 642 McLean Avenue, Block: 6006, Lot: 25, Zone: “B”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA

Public Hearing on COY FY2012 Budget 5/17/2011 7:00 PM

Public Hearing on COY FY2012 Budget
5/17/2011 7:00 PM
City Hall, Council Chambers, 4th Floor
40 South Broadway
Yonkers, New York 10701

Annabi and Jereis had Social Links in Corruption Probe

http://www.lohud.com/apps/pbcs.dll/article?AID=2011105110331

Fleet Mill Street LLC to get $5.4 million ESDC Grant to Develope Old Main Street Library

http://www.lohud.com/apps/pbcs.dll/article?AID=2011105110325

Yonkers IDA Board of Directors Meeting Wednesday, May 11, 2011 8:30 am

Yonkers IDA Board of Directors Meeting
Wednesday, May 11, 2011
8:30 am
Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers NY

Regular Meeting
of the
Yonkers Industrial Development Agency
Preliminary Agenda
Wednesday, May 11, 2011
at 8:30 a.m.
Agenda subject to change
1) Roll Call
2) Approval of Minutes for the April 26, 2011 Meeting
3) Approval of Resolution for Yonkers Racing Corporation
4) Approval of Bond Resolution for 11-23 St Casimir Avenue LP
5) Legal Updates
6) Other Business
7) Adjournment

City Council Environmental, Sustainable Growth and Green Policy Committee meeting is today, May 10th at 5:30 p.m.

CITIZENS CONCERNED WITH THE ENVIRONMENTAL FUTURE OF THE CITY SHOULD TRY TO ATTEND THE FOLLOWING MEETING. DETAILS BELOW: MEETING: TUESDAY, MAY 12, 2011, 5:30 PM CITY HALL 4TH FLOOR City Council Environmental, Sustainable Growth and Green Policy Committee Minority Leader John Murtagh, Chair Council President Chuck Lesnick, Member Majority Leader Patricia McDow, Member Councilmember Dennis Shepherd, Member Councilmember John Larkin, Member AGENDA: Steep Slopes Legislation and the Green Building Resolution Steep Slopes Legislation ties and many other cities around the country. Yonkers is in need of a specific policy and guidelines for construction on the city’s many hills so that disasters like the construction fiascos on Upper Warburton Avenue will not be repeated. The Green Policy Task Force has recommended to the City Council that a professional land use and engineering consultant be hired to review and make any necessary changes to the current draft of the Steep Slopes legislation, as it requires specific expertise that no one on the Council or Task Force can provide. A consultant had been recommended and has submitted his resume and proposed contract, which John Murtagh and Chuck Lesnick have received. (Corporation Counsel has determined that an RFP is not necessary on this project.) YCSD would like to see the Council approve the contract to hire the proposed consultant to help draft the Steep Slopes legislation. This is the way to create SMART DEVELOPMENT. Green Building Resolution Nearly 18 months ago, in December 2009, the City Council voted to approve Sustainable Building “green” construction policies for the city. Mayor Amicone promptly vetoed that legislation and announced that in spring 2010 he would produce his own version of a sustainable building law. Months later, the city hired the Pace University Land Use Law Center to consult with the GPTF, the City Law Department, the Planning Department, and various well-known developers in order to craft a policy document that would guide the city toward this essential legislation that eventually, it is hoped, will lead the city toward a more sustainable future as all kinds of building construction is required to manage stormwater, upgrade energy usage, etc. Pace produced its report in August, 2010. Pace proposed that the first step in this lengthy process be a simple Resolution that proposes the city move forward with a Green Building Team to develop a sustainability plan and to determine ways to administer said legislation. At its meeting on May 10 the Environmental, Sustainable Growth and Green Policy Committee will finally review this Resolution. Should the Committee vote in favor of sending the Resolution to the Council, then the Resolution will be vetted by the entire body and either approved, allowing the city Planning Department to advance to the next step and assemble the Green Building Team to work on the substance of the Sustainability Law, or disapproved, in which case Yonkers will probably never have any green/sustainable/ energy efficient buildings. In the 21st Century the ONLY SMART DEVELOPMENT is Sustainable Development.

Yonkers IDA Public Hearing Tuesday May 10th 5:30pm

Yonkers IDA Public Hearing &
IDA Regular Board of Directors Meeting

Yonkers Racing Corporation
Date: Tuesday, May 10, 2011
Time: 5:30 pm
Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers NY

Yonkers IDA Giving More Taxbreaks to Yonkers Raceway

http://www.lohud.com/apps/pbcs.dll/article?AID=2011105070350

Landmarks Preservation Board Meeting 5/4/2011 7:00 PM

Landmarks Preservation Board Meeting
5/4/2011 7:00 PM
Ceremonial Court Room City Hall
40 South Broadway

SPECIAL CITY COUNCIL MEETING 5/3/2011 8:00 PM

SPECIAL CITY COUNCIL MEETING
5/3/2011 8:00 PM - 10:00 PM
CITY COUNCIL CHAMBERS
40 SOUTH BROADWAY
YONKERS, New York 10701

05-03-2011 AGENDA
http://www.cityofyonkers.com/redirect.aspx?url=http%3a%2f%2fwww.cityofyonkers.com%2fmodules%2fShowDocument.aspx%3fdocumentid%3d7101

Jereis Paid Annabi while she was on the Council

http://www.lohud.com/apps/pbcs.dll/article?AID=2011104280395

Environmental, Sustainable Growth and Green Policy Committee on Tuesday, May 3, 2011 at 5:30 p.m.

Please be advised there will be a meeting of the Environmental, Sustainable Growth & Green Policy Committee on Tuesday, May 3, 2011 at 5:30 p.m. in the City Council Chambers.

Items on the Agenda will include:

Steep Slope Legislation
All other business properly coming before this committee

We respectfully request the Mayor to direct the appropriate Commissioners/Department Heads/staff to attend this Meeting and address the Council on the above issue as it pertains to their respective departments.

Thank you.

Budget and Finance CommitteeTuesday, April 26, 2011 4-7:00PM

Please be advised that a meeting of the Budget and Finance Committee has been scheduled for Tuesday, April 26, 2011 from 4:00-7:00PM in the Yonkers City Hall Council Chambers, 4th Floor.

The following items will be on the Agenda:

Discussion of Audit for FY Ended June 30, 2010
Overview of the Mayor’s 2011 Budget

▪ Municipal Side

▪ Board of Education
Any additional items that may properly come before the Committee

We respectfully request that the Mayor and the Superintendent direct the appropriate Commissioners/Department Heads/staff to attend this Meeting and address the Council on issues pertaining to their respective departments.

We also request that this Meeting be televised.

CITY COUNCIL MEETING 4/26/2011 8:00 PM

CITY COUNCIL MEETING
4/26/2011 8:00 PM - 10:00 PM
CITY COUNCIL CHAMBERS
40 SOUTH BROADWAY
YONKERS, New York 10701


AGENDA 04-26-2011
http://www.cityofyonkers.com/?page=1827&recordid=4166&returnURL=%2findex.aspx

Zoning Board of Appeals Meeting 4/26/2011 6:00 PM

Zoning Board of Appeals Meeting
4/26/2011 6:00 PM
Ceremonial Court Room - 4th Floor
City Hall, 40 South Broadway
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, APRIL 26, 2011 at 6:00 P.M. sharp, in the Ceremonial Court Room, 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

# 5250 – Area Variance – Andrew Romano, Esq., on behalf of Sabath Luyando, on premises known as 142 Parkview Avenue, Block: 5665, Lot: 5, Zone: “S-50”.

# 5254 – Area Variance - Andrew Romano, Esq., on behalf of NY Bagel/John Maiolini, owner, on premises known as 1032 Yonkers Avenue, Block: 6163, Lot: 16, Zone: “B”.

# 5256 – Area Variance – John Annunziata, P.E., on behalf of Alfonso Goncalves, owner, on premises known as 290 Edward Place, Block: 2422, Lot 86, Zone: “M”.

# 5257 – Area Variance – Andrew Romano, Esq., on behalf of Farid Marji (owner), on premises known as 217 Mountaindale Road, Block: 4463, Lot: 45, Zone: “S-60”.

# 5258 – Use Variance – Royden A. Letsen, Esq., on behalf of St. John’s Riverside Hospital (owners), on premises known as 1020 Warburton Avenue, Block: 3555, Lot: 106 (Unit 205), Zone: “A”.

#5259 – Area Variance - Joseph DiSalvo, Esq., on behalf of Philipsburg Hall Associates, LP, on premises known as 2-8 Hudson Street, Block: 499, Lot: 5, Zone: “GCD”.

CONTINUED HEARINGS

# 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 a/k/a 10 Schaefer Avenue, Block: 5111 Lot: 1, Zone: “OL”. (postponed until April meeting).

# 5231 – Area Variance – Veneruso, Curto, Schwartz & Curto, LLP on behalf of Blue Real Estate Holdings, LLC (owner), to construct a new 14-story 220 unit residential apartment building with 4,500 sq. ft. retail space. Exceeding maximum permitted floor area ratio, as per Section 43-27, Table 43-3 (required 3.00; proposed 5.98+/-). Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 112.5’; proposed 141.1’+/-). 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”.

# 5252 – Area Variance - 33 Ashburton Avenue, Block: 2094, Lot: 40, Zone: “M”. (adjourned without fixed date pending City Council reviews).

#5079A – Area Variance – Andrew Romano, Esq., on behalf of Abdo Chakkalo, owner, for interior alterations to convert from vacant furniture store into retail having insufficient parking (required 37, proposed 14 (credit)) per Section 43-128, Table 43-4), on premises known as 7 a/k/a 9 Palisade Avenue, Block: 2018, Lot: 37, Zone: “CBD”.

NEW HEARINGS

#5260 – Area Variance - Andrew Romano, Esq., on behalf of Osvaldo Severo, V.P., Halcon Development LLC, owner, for interior alterations to construct a one (1) bedroom apartment thereby converting a 3-family dwelling to a 4-family dwelling whereas parking within the minimum side yard not permitted per Section 43-133A(2), parking within 5’ of property line not permitted, Section 43-44A(9)(b) (proposed 4’ +/-), parking within 10’ of residential building not permitted per Section 43-44A(9)(b) (proposed 3’ +/-), on premises known as 19 Burhans Avenue, Block: 2364, Lots: 36-38, Zone: “M”.

#5261 – Improvement to a Non-Conforming Use - Anthony Arnold, R.A., on behalf of Dennise Guzman (owner), construct new sidewalk and curb, add two (2) additional parking spaces and rebuild retaining wall to existing 2-family dwelling whereas improvement to a non-conforming use requires approval of the Zoning Board of Appeals (ref. Yonkers Zoning Ordinance 43-21.G & 43-2.B.1) (2-family dwelling in a1-family zone), on premises known as 46 Rigby Street, Block: 5208, Lot: 21, Zone: “S-50”.

#5262 – Area Variance - James. G. Dibbini, Esq., on behalf of Juan Morales (owner), for the legalization of addition of room to existing structure in rear of a 3-family house and to legalize existing metal shed and wood shed in rear yard having insufficient side yard (at addition to be legalized), Section 43-27, Table 43-3 (required 8’-10 ½” +/-, proposed 2.2’), insufficient total side yard (at addition to be legalized), Section 43-27, Table 43-3 (required 18’-9” +/- 4.9’), wood shed exceeds maximum size permitted per 43-41(O)(1); 100 square feet maximum, 128 square feet provided, insufficient setbacks of wood frame shed per 43-41(O)(3); 5’-0” minimum required, 1.8’ +/-; 4.0’ +/- (scaled) provided shed appears to have been relocated), insufficient setback to metal shed per 43-41(O)(3), 5’-0” minimum required, 0.9’ provided, on premises known as 22 Garfield Street, Block: 443, Lot: 20, Zone: “M”.

#5263 – Area Variance - Alfred DelBello, Esq., on behalf of Brooks Shopping Center, LLC, owner, to permit the installation of a flagpole whereas exceeding maximum permitted height for flagpole, Section 43-42C(4) (required 15’ maximum, proposed 59.9’ +/-). Variance required for 44.9 feet in excess of the 15 foot requirement, on premises known as 808 Central Park Avenue, Block: 5170, Lot: 40, Zone: “BR”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA


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Yonkers Economic Development Board Meeting Tuesday, April 26, 2011 at 8:15am

Yonkers Economic Development Board Meeting

Date: Tuesday, April 26, 2011
Time: 8:15 a.m.
Location: Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers, NY

Yonkers IDA Regular Board of Directors Meeting

Date: Tuesday, April 26, 2011
Time: 8:30 a.m.
Location: Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers, NY

Paying to Play, Lobbying in Albany featuring Yonkers

To Read Lohud Editorial go to:
http://www.lohud.com/apps/pbcs.dll/article?AID=2011104200310

Yonkers IDA Public Hearing April 19 at 5:30pm

Yonkers IDA Public Hearing:

Altman Stage Lighting Co, Inc.
Tuesday, April 19, 2011
5:30 p.m.
Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers, NY

Patricia Lynch and Associates Paid to bring red light cameras to Yonkers

http://www.lohud.com/article/20110417/NEWS01/104170365/Local-governments-spent-7M-lobbying-2010

Yonkers Baseball Cited in Audits

http://www.midhudsonnews.com/News/2011/April/17/LDC_audits-17Apr11.htm

Real Estate Committee Meeting Wednesday, April 20th at 5:00 PM

Please be advised that a Real Estate Committee Meeting has been scheduled for Wednesday, April 20th at 5:00 PM in the Council Chambers Yonkers City Hall, 4th Floor.

The following items will be on the Agenda:

1. Resolution – approving amendment to site designation area for the Ravine Avenue Urban Renewal Area in accordance with Section 504 of Article 15 of the General Municipal Law.

2. Resolution – declaring Lead Agency Status for the Ravine Avenue Urban Renewal Plan and Master Plan.

3. Resolution – authorizing the issuance of a determination of significance pursuant to the State Environmental Quality Review Act (“SEQRA”) relating to the Ravine Avenue Urban Renewal Plan of the City of Yonkers.

4. Resolution – authorizing the issuance of a determination of significance pursuant to the State Environmental Quality Review Act (“SEQRA”) relating to the Ravine Avenue Master Plan of the City of Yonkers.

5. Resolution – approving the Ravine Avenue Urban Renewal Plan.

6. Resolution – approving the Ravine Avenue Master Plan.

7. Any additional items that may properly come before this Committee.
We ask the Administration to please have the appropriate Commissioners/Departments Heads/Directors or their representatives attend the meeting so they can address issues relating to their departments.

Board of Ethics Meeting Public meeting 4/14/2011 7:00 PM - 8:00 PM

Board of Ethics Meeting
Public meeting of the Yonkers Board of Ethics
4/14/2011 7:00 PM - 8:00 PM
Mayor's Reception Room - Yonkers City Hall
40 South Broadway
Yonkers, New York 10701

The City of Yonkers Board of Ethics will hold a meeting on Thursday, April 14 at 7:00 p.m. in the Mayor's Reception Room at Yonkers City Hall. The meeting is open to the public and members of the press.

More information on the City of Yonkers Board of Ethics and its members can be found here.http://www.yonkersny.gov/Index.aspx?page=77

The Ethics Board is established by Section C1A-23 of the Code of Ethics of the City of Yonkers. Its duties include: investigation of ethics complaints, conducting hearings, recommending disciplinary action, rendering advisory opinions, administration of City employee disclosure statements and providing ethics training for city employees.

The current membership of the Ethics Board is:

* Hon. Joseph Nocca, Chair
* Board Members Fred Buhler; Earl Headley; Helen Henkel; Andrew Macdonald; Joseph Martin; and Mark Pittman.

The City of Yonkers Code of Ethics can be read here.

http://www.yonkersny.gov/Index.aspx?page=99

LOCAL LAW NO. 10 - 2005

A LOCAL LAW AMENDING THE YONKERS CITY CHARTER TO ENACT A NEW CODE OF ETHICS

Section 1. A new Article 1A of the Charter of the City of Yonkers is enacted to read as follows:

ARTICLE 1A

ETHICS

§C1A-1. Title.

This local law and article of the Charter of the City of Yonkers may be cited as the “Ethics Law of the City of Yonkers” or the “Code of Ethics.”

§C1A-2. Purpose.

The purposes of the Code of Ethics are:

1. to establish high standards of ethical conduct for City officers and employees and to prohibit acts incompatible with the public interest;

2. to provide City officers and employees clear guidance on such ethical standards;

3. to prevent unethical conduct before it occurs by providing education and training;

4. to promote public confidence in the integrity of the governance and administration of the City, including but not limited to its boards, agencies and administrative offices;

5. to require reasonable public disclosure of financial interests that may influence or be perceived to influence the actions of City officers and employees, so that consideration of potential ethical problems can be addressed before they arise, so that suspicion by the public of the administration of government is minimized, and so that public accountability is maximized; and

6. to provide for the fair and effective administration of the Codes of Ethics.

§C1A-3. Supersession of General Municipal Law § 808; Repeal of Chapter 7 of the Code of the City of Yonkers; Legislative Intent.

1. To the extent that this article is inconsistent with the provisions of Section 808 of the General Municipal Law, this article shall supersede such provisions.

2. Chapter 7 of the Code of the City of Yonkers, being General Ordinance No. 7-1990, as recodified by Local Law 5-1995, is hereby repealed.

3. The intent of this Article is to supplement the legal requirements of the General Municipal Law and to replace any conflicting provisions to the extent authorized by the supersession set forth in Subsection A.

§C1A-4. Definitions.

When used in the Code of Ethics, the following terms shall have the following meanings:

1. “appear” and “appear before” shall mean communicating in any form, including, without limitation, personally, through another person, by letter or other writing, or by telephone.

2. “Candidate” shall mean an individual who is on the ballot as a candidate for an federal, state or local elective office or who seeks election to any such office as a write-in candidate.

3. “Candidate for City elective office” shall mean a candidate for the position of Mayor, City Council President, or City Councilmember.

4. “City” shall mean the City of Yonkers, but shall not include the Yonkers City Court.

5. “City officer or employee” shall mean any elected or appointed officer or employee of the City, whether paid or unpaid, and includes, but is not limited to, all members of any office, board, body, advisory board, council, commission, agency, department, bureau, division, or committee of the City. “City officer or employee” shall exclude:

1. a judge, justice, or employee of the unified court system; and
2. a member of an advisory board of the City if, but only if, the advisory board has no authority or power to implement its recommendations or to act on behalf of the City or to restrict the authority of the City to act. No entity established pursuant to the New York State General Municipal Law shall be deemed an advisory board for purposes of the Code of Ethics.

6. “customer or client” means:

1. any person to whom a City officer or employee has supplied goods or services during the previous twelve (12) months having, in the aggregate, a value greater than two thousand five hundred dollars ($2500.); or
2. any person to whom a City officer’s or employee’s outside employer or business has supplied goods or services during the previous twelve (12) months having, in the aggregate, a value greater than two thousand five hundred dollars ($2500.), but only if the City officer or employee knows or has reason to know the outside employer or business supplied such goods or services.

7. “Ethics Board” shall mean the Ethics Board of the City of Yonkers.

8. “ethics violation” shall mean a violation of this Ethics Code or Article 18 of the General Municipal Law.

9. “financial benefit” shall mean any pecuniary or material benefit including but not limited to any money, stock, security, service, license, permit, contract, authorization, loan, travel, entertainment, discount not available to the general public, real or personal property, or anything of value.

10. “gift” shall mean a financial benefit that is given to a person without receipt or promise of any significant consideration or financial benefit in return.

11. “household member” or “member of household” shall mean any person with whom a City officer or employee lives as a single household unit.

12. “interest” shall mean a pecuniary or material benefit accruing to a City officer or employee, or a pecuniary or material benefit accruing to that City officer’s or employee’s:

1. close relatives; or
2. outside employer or business.

13. “ministerial act” means an action performed in a prescribed manner without the exercise of judgment or discretion as to the propriety of the act.

14. “outside employer or business” shall mean:

1. any person from whom or from which a City officer or employee receives a financial benefit for services rendered or goods sold or produced;
2. any business in which the City officer or employee has an ownership interest of five percent (5%) or more;
3. any business in which the City officer or employee has an ownership interest which has a value in excess of fifty thousand dollars ($50,000.); or
4. any business corporation for which the City officer or employee is an uncompensated member of the board of directors or is an uncompensated corporate officer.

15. “person” shall mean an individual, all forms of business organizations, and all forms of not-for-profit entities. The City and other governmental entities are not persons as defined herein.

16. “political campaign activity” shall mean canvassing, campaigning, gathering petition signatures, distributing campaign literature, fundraising, electioneering, speaking on behalf of a candidate, and any other act or activity intended to cause a candidate to win any election.

17. “political committee” shall have the meaning set forth in Section 14-100 of the New York State Election Law.

18. “relative” means a spouse, child, step-child, sibling, half-brother, half-sister, parent, step-father, step-mother, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent, grandchild, uncle, aunt, niece, nephew, and first cousin. “Relative” shall also include any person claimed as a dependent on the New York State individual tax return of a City officer or employee. “Close relative” means a spouse, child, step-child, sibling, half-brother, half-sister, parent, step-father, and step-mother.

19. “subordinate” of a City officer or employee shall mean another City officer or employee that he or she has the power to hire, fire or discipline, or over whose activities he or she has the power to direct, supervise or control. Subordinates shall not include those who serve in positions that are classified as “exempt” or “unclassified” under the New York State Civil Service Law for purposes of the Ethics Code.

20. "superior” shall mean a City officer or employee who has the power to hire, fire, discipline, direct, supervise or control a subordinate.

§C1A-5. Exclusions From The Code Of Ethics and From Transactional Disclosure.

The following are not prohibited by the City Code of Ethics, nor shall the following require the recusal of or disclosure by any City officer or employee:

1.
an action specifically authorized or mandated by statute, regulation, or rule of the State of New York or the United States;

2.
a ministerial act;

3.
financial benefits having a value of fifty dollars ($50) or less that are received by a City officer or employee listed in Section 11 of the New York State Domestics Relations Law for the solemnization of a marriage by that officer or employee at a place other than his or her normal public place of business or at a time other than his or her normal hours of business;

4.
public awards from charitable organizations;

5.
receipt of City services or benefits or use of City facilities, that are generally available on the same terms and conditions to the general public, residents of the City, or a class of residents in the City;

6.
representation of constituents by elected officials without compensation in matters of public advocacy;

7.
appearances by a former City officer or employee before the Yonkers City Court.

§C1A-6. General Ethics Standards.

1.
A City officer or employee shall not use his or her official position or office, or take or fail to take any action, in a manner which he or she knows or has reason to know may result in a financial benefit for:

1.
himself or herself;
2.
a member of his or her household;
3.
his or her relative;
4.
his or her outside employer or business, or any owner, director, or office thereof;
5.
his or her customers or clients; or
6.
his or her creditors

2.
All City officers and employees shall comply with Sections 801 and 802 of the New York State General Municipal Law.

3.
No City officer or employee shall use or permit the use for non-municipal purposes of City property, including but not limited to vehicles, equipment, or materials. Nothing herein shall preclude the incidental use of City property for private purposes if such use is principally for the benefit of the City and is pursuant to a previously established written City policy established by the Mayor or enunciated in a collective bargaining agreement.

4.
No City elected official shall enter into any business relationship with any City officer or employee, and no City officer or employee shall enter into any business relationship with that individual’s subordinate, if such business relationship would be an outside employer or business as to any one of them.

5.
No City officer or employee may appoint a household member or relative to a compensated position under his or her supervision or control or supervise such an individual. Nothing in this subsection shall be construed to prohibit such a household member or close relative from being employed in a position subject to and pursuant to the provisions of a collective bargaining agreement or the New York State Civil Service Law.

§C1A-7. Financial Benefits and Gifts.

1.
Except as provided in Subsection B, a City officer or employee shall not accept, or directly or indirectly solicit, a financial benefit or gift:

1.
under circumstances from which it could reasonably be inferred that the financial benefit or gift is intended to influence the City officer or employee in the performance of his or her duties;
2.
under circumstances which would create an appearance of impropriety; or
3.
from any person who received any financial benefit from an action or failure to act by that City officer or employee within the previous twelve (12) months.

2.
The following are exceptions to the prohibitions set forth in Subsection A of this section:

1.
one or more gifts to a City officer or employee from the same person that do not in the aggregate exceed two hundred dollars ($200.) in any 12 month period.
2.
a gift accepted by a City officer or employee on behalf of the City and transferred to the City.
3.
a gift of any amount received by a City officer or employee from his or her close relative under circumstances that make it clear that it is the familial relationship rather than the recipient’s office or position that is the primary motivating factor.
4.
lawful political campaign contributions to a candidate for any City elective office.
5.
a waiver of post-service employment issued pursuant to Sections C1A-10E and C1A-36.

§C1A-8. Representation.

1. A City officer or employee shall not represent any other person in any matter before the City, nor represent another person in any matter against the interests of the City.

2. No City officer or employee shall give paid opinion evidence as an expert witness adverse to the position of the City in any civil litigation involving the City.

3. Nothing herein shall prohibit the corporation counsel or any counsel to a City elected official from appearing in litigation on behalf of a City elected official who is a party to litigation in his or her official capacity as a City elected official.

§C1A-9. Appearances Before City Agencies.

1. A City officer or employee shall not appear before any agency of the City except on his or her own behalf or on behalf of the City.

2. The outside employer or business of a City officer or employee may appear on its own behalf before the City, but shall not appear on behalf of any other person:

1. before the particular agency, board, commission, or other specific part of the City government at which the City officer or employee serves or is employed; or
2. before any agency, board, commission, or other specific part of the City government as to which the City officer or employee has:
1. the authority to appoint any officer, employee or member; or
2. the authority to review, approve, audit or authorize any budget, bill, payment or claim.

3. Nothing in Subsection B shall:

1. be construed to eliminate the need for transactional disclosure and recusal by any City officer or employee;
2. be applicable to a ministerial act; or
3. be applicable to receipt of a City service or benefit, or use of a City facility, which is generally available to the public on the same terms and conditions as available to residents or a class of residents in the City

§C1A-10. Post Service Or Employment Activities.

1. Except as otherwise provided in this section, a City officer or employee shall not appear before the City on behalf of another person for a period of one (1) year after the completion of his or her City service or employment. This Subsection shall not prohibit a City officer or employee from being elected to a City office, being appointed to any City board or commission, being hired as a City officer or employee, or being paid by the City to appear as a witness in any proceeding on behalf of the City.

2. The prohibition set forth in Subsection A shall be permanent as to particular matters on which the City officer or employee personally worked while a City officer or employee. A City officer or employee personally works on a matter when that City officer or employee is substantially involved with the matter or personally supervises or directs how the matter is to be handled.

3. No City officer or employee shall solicit or accept a position of employment after termination of City service, from any person who received any financial benefit from an action or failure to act by that City officer or employee within the prior one (1) year.

4. Nothing herein shall prevent a City officer or employee from working for a federal, state or local government body or agency and, in that capacity, appearing before the City at any time after the completion of City service.

5. Any City officer or employee may request a waiver of the provisions of this section from the Ethics Board, as provided in Section C1A-36.

§C1A-11. Avoidance of Conflicts.

A City officer or employee shall not knowingly acquire, solicit, negotiate for, or accept any financial benefit or gift that would constitute an ethics violation.

§C1A-12. Confidential Information.

Current and former City officers and employees shall not disclose any confidential information or use it to further his or her own, or any person’s, interests.

§C1A-13. Interests in Contracts with the City.

1.
No City officer or employee shall have an interest in a contract with the City, or an interest in a bank or trust company, that is prohibited by Section 801 of the New York State General Municipal Law. Any contract willfully entered into by or with the City in which there is an interest prohibited by that section shall be null, void and wholly unenforceable, to the extent provided by Section 804 of the General Municipal Law.

2.
Any City officer or employee who has, will have, or later acquires an interest in any actual or potential contract with the City, shall publicly disclose the nature and extent of that interest in accordance with Section 803 of the General Municipal Law. The disclosure shall be filed with the Ethics Board and the City Clerk.

3.
Any City officer or employee who willfully and knowingly violates the provisions of this section shall be guilty of a misdemeanor, to the extent provided by Section 805 of the General Municipal Law.

§C1A-14. Political Activity; Public Disclosure.

1.
No candidate for any elected office of the City and no City officer or employee shall knowingly request, or knowingly authorize any person to request, that any of the following persons participate in any political campaign activity in connection with any campaign for City elected office:

1.
a City officer or employee; or
2.
any person who has received a financial benefit from the City within the prior twelve (12) months, including but not limited to persons that have contracts to supply goods or services to the City.

Nothing in this subsection shall require that individual names of City officers and employees be deleted from general mailing lists soliciting campaign contributions from City residents, generally, or by geographic area.

2.
Public disclosure is required when a person, who has made campaign contributions to a City officer or employee in the prior twelve (12) months that exceed in the aggregate a total of five thousand dollars ($5,000.), requests that such City officer or employee act or refrain from acting in a manner that would cause the person to receive a financial benefit. Both the person making the request and the City officer or employee shall publicly disclose the fact that such campaign contributions had been made. The disclosure shall be made in writing and shall be retained in the official records of the body, official or employee to whom the request has been made, as well as in the records of the Ethics Board. Nothing herein shall require recusal by the City officer or employee; solely disclosure. The requirements of this subsection shall be applicable whether or not the City official or employee was a victorious or defeated candidate and whether the City officer or employee was a candidate for City elected office or for another elected office.

3.
No City officer or employee shall engage in any political campaign activity during times when that person is working on City business.

4.
No City officer or employee shall solicit any subordinate to engage in political campaign activity on behalf of any candidate for any elected office, including but not limited to City elected office.

5.
No City officer or employee shall wear any City of Yonkers uniform or insignia when engaged in any political campaign activity. Nothing herein shall prevent a City officer or employee from wearing a City of Yonkers uniform or insignia when performing official duties on behalf of the City in conjunction with any election. Nothing herein shall prevent an incumbent City elected official from identifying himself or herself by any official Yonkers insignia designating that official’s elected office.

6.
Nothing herein shall prevent any City officer or employee from voluntarily: engaging in any political campaign activity, voting, making a campaign contribution, engaging in free speech, assembling for political purposes, or engaging in other acts not prohibited by this section.

§C1A-15. Mandatory Resignation for Certain Officers and Employees.

1.
Any City officer or employee in the unclassified or exempt classes under the New York Civil Service Law shall automatically be deemed to have resigned from his or her position as a City officer or employee as of the date that he or she accepts the appointment, either by taking the oath of office or assuming the duties, as a member of any one of the following boards or commissions:

1.
The City of Yonkers Board of Education; or
2.
the City Ethics Board, Zoning Board of Appeals, Planning Commission, Charter Revision Commission, or any other appointed City Board or Commission other than an advisory board.

2.
The automatic resignation required in Subsection A shall not apply to:

1.
a City officer or employee who is authorized in any statute, the Yonkers City Charter, or the City Code to be appointed as a member of a City board or commission; including but not limited to the Board of Contract and Supply;
2.
any individual serving on the City of Yonkers Board of Education as of the effective date of this Article, nor through the remainder of that individual’s unexpired term of office on the Board of Education; or
3.
any individual who is serving on a City board or commission as of the effective date of this Article and who resigns from the City board or commission within thirty (30) days after the effective date of this Article.

§C1A-16. Inducement of Violations of the Code of Ethics.

No person shall induce any other person to violate, attempt to induce any other person to violate, or aid any other person in violating, any provision of the Code of Ethics.

§C1A-17. Whistleblower Protection.

1.
No City officer or employee shall retaliate against any City officer or employee or other person for submitting a complaint to the Ethics Board or for acting, or refusing to act, as required by the Ethics Code and Article 18 of the General Municipal Law.

2.
Any City officer or employee who violates Subsection A has committed an ethics violation.

3.
In resolving a complaint that a City officer or employee has violated this section, the Ethics Board may recommend that a retaliatory personnel action be reversed.

§C1A-18. Recusal and Transactional Disclosure.

1. A City officer or employee shall immediately recuse himself or herself from formally or informally acting on a matter before the City when acting on the matter, or failing to act on the matter, may financially benefit any of the persons listed in Section C1A-6A.

2. A City officer or employee that has recused himself or herself shall not participate in any aspect of the matter, including but not limited to discussions or debate, rendering advice, voting, deciding to take action or deciding not to act, and attempting to influence others to act or not to act.

3. A City officer or employee that has recused himself or herself shall:

1. promptly inform his or her superior, if any; and
2. execute a signed statement disclosing the reason for recusal, which shall be filed both with the Ethics Board and in the records of the matter; or, if a member of a board, commission, or similar entity, state such information upon the public record of the board and cause the minutes of the meeting to include such disclosure.

§C1A-19. Applicant Disclosure.

1. When a person requests that the City or a City officer or employee act or refrain from acting, in any capacity other than a ministerial act, then the person making such a request shall disclose the name of any City officer, employee, or any person listed in Section C1A-6A who could financially benefit if the request is granted and who is reasonably known at the time the request is made or that becomes known thereafter.

2. The disclosure shall be made in writing and shall be retained in the official records of the body, official or employee to whom the request has been made, as well as in the records of the Ethics Board.

3. No disclosure shall be required pursuant to this Section, if a disclosure statement has been filed with respect to the same matter pursuant to Section C1A-20.

§C1A-20. Applicant Disclosure, Land Use Applications.

1. Every application, petition, or request submitted for a change of zoning; zoning amendment; subdivision approval; site plan approval; special permit; variance; waiver or modification any land use law or regulation; exemption from a plat or official map, license or permit; or other approval or action of any type pursuant to the provisions of any ordinance, local law, rule or regulation constituting the zoning, planning and land use regulations of the City, shall state the information required, to the extent required, by Section 809 of the New York State General Municipal Law.

2. Any person who willfully and knowingly violates the provisions of this section shall be guilty of a misdemeanor, to the extent provided by Section 809 of the General Municipal Law.

§C1A-21. Disclosure of Interest in Legislation.

If a City officer or employee issues an official opinion or participates in the public discussion or public hearing on any proposed legislation, then the City officer or employee shall publicly disclose on the official record the nature and extent of any interest the City officer or employee has in the proposed legislation. Such disclosure shall be filed in the office of the City Clerk and with the Ethics Board.

§C1A-22. Annual Disclosure.

1.
The following City officers and employees holding the following job titles or descriptions shall be required to file a signed annual disclosure statement:

1.
the Mayor, City Council President, and City Councilmembers;
2.
deputy mayor and Mayor’s chief-of-staff, if any;
3.
commissioners, department, and bureau heads, as well as their principal deputies;
4.
inspection personnel;
5.
members of appointed boards, except advisory boards; and
6.
all other City officers and employees who exercise substantial discretionary authority, as designated by either the Mayor or by rule of the Ethics Board.

2.
The Mayor shall cause the annual disclosure statement form to be distributed to all City officers and employees who must file the statement not later than April 1st.

3.
Annual disclosure statements shall be filed with the Ethics Board not later than May 15th of each year. If an individual receives an automatic extension of time to his or her federal income tax return, then the individual shall so indicate on their annual disclosure statement and may, within ten (10) days after the expiration of the extension, supplement the annual disclosure statement without any penalty for late filing. If a board, commission, or similar appointed entity comes into existence after May 15th, then the first annual statement shall be filed by its members within fifteen (15) days of its first meeting. If a City officer or employee who must file an annual disclosure is newly hired or appointed after May 15th, then the first annual statement shall be filed within fifteen (15) days of that individual commencing City service. Any material changes to the information reported in the annual disclosure statement shall be reported to the Ethics Board in a written amendment to the disclosure statement by the filer within thirty (30) days of the change.

4.
The Ethics Board shall review the filed annual disclosure statements to assure that they comply with the Ethics Code and the General Municipal Law.

5.
The annual disclosure statements shall be kept confidential to the maximum extent allowed by law. If the annual disclosure statement of any City officer or employee is requested via a properly submitted request under the freedom of information law, then the City officer or employee shall be given sufficient opportunity to request the Ethics Board or the City’s Freedom of Information Officer to redact whatever information is not subject to public access under the law. Nothing herein shall be deemed to be a waiver of the Freedom of Information Law or the privacy and confidentiality protections set forth therein.

6.
If a City officer or employee has not filed an annual disclosure statement on time, then the Ethics Board shall notify that individual and direct that the individual file an annual disclosure within seven (7) days. If the annual disclosure statement is filed within that seven (7) day period, then there shall be no penalty for late filing. Otherwise, failure to timely file an annual disclosure statement shall be an ethics violation.

7.
The Ethics Board shall promulgate an annual disclosure form that shall require the following information from the disclosing City officer or employee to be submitted in writing and signed under oath:

1.
the disclosing City officer or employee’s name, home address, and home telephone.
2.
that disclosing City officer or employee’s position with the City.
3.
the names of that disclosing City officer or employee’s :

1.
spouse;
2.
relatives (as defined in Section C1A-4R); and
3.
household members (as defined in Section C1A-4K).

4.
the name, address and telephone number of any outside employer or business (as defined in Section C1A-4N) of:

1.
the disclosing City officer or employee;
2.
each close relative of the disclosing City officer or employee; and
3.
each household member of the disclosing City officer or employee.

5.
whether each outside employer or business disclosed in response to Paragraph 4 of this subsection has within the prior year received or solicited a financial benefit from the City, or appeared before the City on behalf of another person, and, if so, the nature of such activities or matters.
6.
whether the disclosing City officer or employee has entered into an agreement or made a promise concerning future employment after leaving City service or employment, and, if so, the complete details thereof.
7.
identification of all real estate in the City of Yonkers owned by the disclosing City officer or employee or that individual spouse, household members, or children.
8.
identification of all loans in excess of one thousand dollars ($1,000.) made to the disclosing City officer or employee or that individual’s spouse, household members, or children.
9.
identification of an interest in excess of one thousand dollars ($1,000.) of the disclosing City officer or employee in any trust or estate;
10.
identification of gifts in excess of two hundred dollars ($200.) received by the disclosing City officer or employee within the prior year, except for those gifts enumerated in Section C1A-7B.
11.
identification of any interest in any contract involving the City held by the disclosing City officer or employee or that individual’s spouse, household members, or children.
12.
identification of any positions held by the disclosing City officer or employee within the prior five years as an officer of any political party or political committee.
13.
identification of any relative of the disclosing City officer or employee who is a City officer or employee and the department within which he or she is employed.
14.
identification of any customer or client of the disclosing City officer or employee or that individual’s outside employer or business, who is known to have received or solicited a financial benefit from the City within the prior year or appeared before the City on behalf of another person within the prior year.

§C1A-23. Ethics Board: Establishment; Qualifications of Members; Appointment of Members; Term of Office; Limitation on Activities.

1. There is hereby established an Ethics Board that shall consist of seven (7) members. Any prior Ethics Board shall cease to function as of January 1, 2006 and all records and files of the prior Ethics Board shall be transferred to the Ethics Board established herein.

2. The following are the composition of the Ethics Board, the members’ terms of office, and their qualifications:

1. There shall be a chairperson who shall be appointed for a term of five years. The other six members of the Ethics Board shall be appointed for a term of three years. In order to stagger the terms, the initial appointments made following the effective date of this Article shall be as follows: two members shall be appointed for a three year term, two members shall be appointed for a two year term, and two members shall be appointed for a one year term. The terms of office of the Ethics Board chairperson and all members shall commence on January 1st and expire on December 31st.
2. All members of the Ethics Board must be qualified electors and residents of the City of Yonkers.
3. Notwithstanding Section C1A-15, one member of the Ethics Board may be an employee of the City who is employed in a position that is not classified as exempt or unclassified under the New York Civil Service Law. Nothing herein shall require the Ethics Board Appointing Committee to appoint a City employee to the Ethics Board.
4. No more than three members of the Ethics Board shall be registered as members of the same political party. No individual who holds an office in any political party shall be appointed to the Ethics Board.
5. No individual shall be appointed to the Ethics Board who, within the prior one (1) year, has:

1. been employed by the City in a position classified as exempt or unclassified under the New York Civil Service Law; or
2. held any elective office in the City of Yonkers.

3. All members of the Ethics Board shall be appointed by the Ethics Board Appointing Committee which shall consist of: the Mayor, the Presiding Judge of the Yonkers City Court, and the City Council President. A vote by a majority of all of the members of the Ethics Board Appointing Committee shall be necessary to appoint an individual to the Ethics Board. Initial appointments to the Ethics Board shall be made prior to December 31, 2005.

4. The members of the Ethics Board shall not receive compensation but shall be reimbursed for reasonable expenses incurred in the performance of their official duties.

5. No person while a member of the Ethics Board shall:

1. hold a public office;
2. be a candidate for any City elected office;
3. participate, other than to vote or make a lawful campaign contribution, in any political campaign for any candidate for City elected office, including but not limited to hold any political party office; or
4. appear before the City on behalf of any other person.

§C1A-24. Vacancies; Removal of Ethics Board Members.

1. A member of the Ethics Board shall be deemed to have automatically resigned, and his or her office as a member of the Ethics Board shall automatically be deemed vacant, if that member:

1. ceases to maintain the qualifications enumerated in Section C1A-23, including but not limited to City residency; or
2. has unexcused absences for three consecutive meetings of the Ethics Board or three out of any five consecutive meetings of the Ethics Board. Absences may be excused only by a vote of four of the other six members of the Ethics Board.

2. An Ethics Board member may be removed from office for cause, including substantial neglect of duty, misconduct in office, inability to discharge the powers or duties of office, or violation of this Article. Removal shall be by vote of a majority of all of the members of the Ethics Board Appointing Committee, after written notice to the Ethics Board member and an opportunity to be heard.

3. The Ethics Board Appointing Committee shall fill any vacancy on the Ethics Board within thirty (30) days by appointing an individual to fill the unexpired term of office.

§C1A-25. Ethics Board; Meetings and Voting.

1. The Ethics Board shall meet no less than once every three (3) months and more often, as necessary.

2. A majority of all of the members of the Ethics Board shall constitute a quorum.

3. A majority vote by all of the members of the Ethics Board shall be required for actions other than simple procedural motions, such as a motion to adjourn a meeting, or to table a matter. An affirmative vote by a majority of all of the members of the Ethics Board shall be necessary to adopt a rule; issue an advisory opinion; commence an investigation; issue a subpoena; conduct a hearing; commence an administrative enforcement proceeding; assess a penalty; recommend appropriate enforcement action regarding violations of the Ethics Code; appoint special counsel; or grant a waiver of compliance with the Ethics Code.

§C1A-26. Ethics Board: Jurisdiction, Powers, and Duties.

1.
The Ethics Board may only act with respect to matters that are covered by the Ethics Code and Article 18 of the General Municipal Law.

2.
The termination of a City officer’s or employee’s term of office or employment with the City shall not deprive the Ethics Board of the power to act with respect to any matter covered by the Ethics Code or Article 18 of the GML.

3.
The Ethics Board shall have the following powers and duties:


1.
to prescribe and promulgate rules and regulations governing its own procedures and to further the purposes of this Article and Article 18 of the General Municipal law.
2.
to review, evaluate, index, and maintain on file:


1.
lists of City officers and employees who are required to file annual disclosure statements; and
2.
all disclosure statements.


3.
to undertake investigations of complaints of ethics violations and to review, evaluate, index, and maintain on file all such complaints and all documents, records and other evidence relating to such complaints.
4.
to conduct hearings, subpoena witnesses and documents, recommend disciplinary action, assess penalties, make referrals, and recommend appropriate enforcement actions and proceedings regarding ethics violations.
5.
to grant waivers of compliance with the Ethics Code to the extent authorized in Section C1A-36.
6.
to render advisory opinions concerning compliance with the Ethics Code and Article 18 of the General Municipal Law, whether upon request to the Ethics Board or upon the Ethics Board’s own motion, and to index, maintain and disseminate such advisory opinions.
7.
to provide training and education to City officers and employees, including dissemination of the Ethics Code and any related explanatory material prepared by or on behalf of the Ethics Board to maximize knowledge and awareness of the Ethics Code by all City officers and employees, including but not limited to:

1.
annual training for all City officers and employees;
2.
distribution of a plain English summary of the Ethics Code and Article 18 of the General Municipal Law; and
3.
such other training and educational programs as will maximize awareness and compliance.

8.
to comprehensively review the Ethics Code and, not less then once every five years, recommend revisions to the Ethics Code to the Mayor and the City Council.
9.
to maintain records of all of the matters before it, including but not limited to complaints, investigations, advisory opinions, hearings, and actions to enforce the Ethics Code.

4.
The office of the Corporation Counsel shall function as staff to the Ethics Board and shall assist the Ethics Board in:

1.
providing training to City officers and employees regarding compliance with the Ethics Code and Article 18 of the General Municipal Law;
2.
reviewing and analyzing disclosure statements; and
3.
providing such additional assistance as may be required by the Ethics Board.

5.
The Corporation Counsel shall be counsel to the Ethics Board and shall assist the Board in issuance of advisory opinions, interpretation of the Ethics Code and Article 18 of the General Municipal Law, conducting any administrative hearing, as well as issuing process in relation thereto. In addition, the Corporation Counsel shall provide assistance to the Ethics Board in drafting of documents, administration of oaths or affirmations, preparation of subpoenas, and process needed to compel compliance with subpoenas.

6.
If the Ethics Board determines a ethics related matter before it requires investigation, then it may undertake such investigation itself, may direct the Corporation Counsel to undertake such investigation, may direct the Inspector General to undertake such investigation, or any or all of the above.

§ C1A-27. Distribution and Posting of Ethics Code and State Laws.

1.
Within thirty (30) days of the effective date of this Article, the Mayor shall cause a copy of the Yonkers Ethics Code and the applicable sections of Article 18 of the General Municipal Law to be distributed to every City officer and employee by e-mail or such other means as the Mayor reasonably chooses. Within thirty (30) days of the effective date of any significant amendment to this Article or the applicable sections of Article 18 of the General Municipal Law, the Mayor shall cause a copy of the amendment to be distributed to every City officer and employee by e-mail or such other means as the Mayor reasonably chooses.

2.
At the time that a new City officer or employee takes office or commences employment, that individual shall be given a copy of the Yonkers Ethics Code and the applicable sections of Article 18 of the General Municipal Law.

3.
Within 30 days of receipt of the Ethics Code or an amendment thereto pursuant to Subsections A or B, the City officer or employee shall file a written statement with the Ethics Board stating that he or she has read and understands the Ethics Code.

4.
A current and accurate copy of the Ethics Code and Article 18 of the General Municipal Law shall be posted on the City’s internet web site and a hard copy shall be maintained on file and be available for use by any City officers and employees in the office of the Mayor, the City Council President, and every department head.

5.
The City Clerk shall provide at no charge to any person a copy of the Ethics Code and the applicable sections of Article 18 of the General Municipal Law.

6.
A notice containing substantially the following statements shall be posted in the office of the Mayor, the City Council President, and every department head in a conspicuous location visible to members of the general public as well as City officers and employees:

EVERYONE MUST COMPLY WITH THE CITY OF YONKERS
ETHICS CODE AND THE NEW YORK STATE ETHICS LAWS

You can obtain your own free copy of the Yonkers
Ethics Code and the state ethics laws from the City Clerk.

A copy of the Yonkers Ethics Code and state ethics laws
is also maintained on file in this office for your convenience.

If you are unsure how to comply with the Yonkers Ethics
Code and state ethics laws, please contact the Yonkers Ethics Board.
They can assist you and provide an advisory opinion.

If you believe a person has violated the Yonkers Ethics Code
or state ethics law, file a complaint with the City Ethics Board.

GOOD GOVERNMENT IN YONKERS DEPENDS ON YOU!

§C1A-28. Ethics Board; Disclosure Statements.

1.
The Ethics Board shall review the lists of officers and employees, prepared pursuant to Section C1A-22, to assure that the lists are complete and accurate.

The Ethics Board shall add the title of any other officer or employee who the Ethics Board determines should appear on the list.

2.
The Ethics Board shall review the filing of annual disclosure statements to assure that all City officers and employees required to file such a statement have done so.

3.
The Ethics Board shall maintain indexed records of all disclosure statements to assure that such records are available for use in respect of any alleged violation of the Ethics Code or in respect of any advisory opinion.

4.
If the Ethics Board determines that any disclosure statement is deficient, then the Ethics Board shall issue a notice in writing requiring correction of the deficient disclosure statement. Failure to comply with the notice shall be an ethics violation.

§C1A-29. Advisory Opinions.

On its own initiative or upon the request of any person whose conduct is governed by this Article, including but not limited to a City officer of employee, the Ethics Board may issue an advisory opinion concerning compliance with the Ethics Code and the provisions of Article 18 of the General Municipal Law. Advisory opinions are intended to prevent violations of the Ethics Code by identifying potential violations before they occur. A request for an advisory opinion shall be made in writing and shall include the facts that are relevant to the request.

1.
If an advisory opinion requires a legal interpretation of the Ethics Code, then the Ethics Board shall obtain the advice of the Corporation Counsel, or special counsel upon recusal by the Corporation Counsel, who shall advise the Ethics Board on the proper legal interpretation of the Ethics Code. All advisory opinions regarding the Ethics Code shall be issued by the Ethics Board.

2.
A City officer or employee who faithfully and accurately follows the guidance of an advisory opinion issued by the Ethics Board, shall not be deemed to have committed an ethics violation as to the specific matters addressed in the advisory opinion.

3.
The Ethics Board shall cause its advisory opinions to be maintained in indexed records for future reference. Advisory opinions shall be public documents, subject to necessary redactions to protect confidentiality.

§C1A-30. Complaints and Investigations.

1.
Upon its own initiative concerning a potential ethics violation or upon receipt of a written complaint by any person alleging an ethics violation, the Ethics Board shall investigate the matter. If the Ethics Board elects to commence an investigation of a possible ethics violation on its own motion in the absence of any complaint, then it shall notify the person being investigated in writing within five days of the commencement of the investigation. If the Ethics Board determines at any time that an ethics violation may have occurred, then in addition to its other powers, the Ethics Board may solicit the assistance of the Inspector General in undertaking an investigation or may request that the Inspector General undertake an independent investigation.

2.
All complaints of ethics violations shall be filed in writing with the Ethics Board. Within five (5) days of its receipt of a complaint, the Ethics Board shall notify in writing the complainant and the person(s) alleged to have committed the ethics violations that the Ethics Board is in receipt of the complaint and is investigating the matter.

3.
The Ethics Board shall complete a preliminary investigation of the complaint within thirty (30) days from the date the complaint is received. In the event that the Ethics Board finds no merit to the complaint, then it shall be dismissed and the complainant and the person alleged to have committed the ethics violation shall be promptly notified in writing.

4.
In the event that the Ethics Board determines that the complaint may have merit, then the Ethics Board shall cause a full investigation to be conducted, including interviewing the person who is the subject of the complaint and interviewing other witnesses, and requesting and reviewing documents.

5.
The Ethics Board shall maintain complete records of its investigations and shall document in writing the results of every investigation it conducts, including the disposition of the matter being investigated. Within five (5) days of the completion of each investigation, the Ethics Board shall give notice to the complainant, if any, and the person who was the subject of the investigation.

6.
After a complaint has been filed and during any investigation undertaken of a complaint before the Ethics Board, no member of the Ethics Board or any of the Ethics Board’s authorized agents, may communicate privately with any party or other person about any issue of fact or law regarding the complaint, except as authorized by the Ethics Board.

7.
Upon completion of its investigation, the Ethics Board shall take one or more of the following actions:

1.
dismiss the complaint or Ethics Board investigation if:

1.
there has been no ethics violation;
2.
the Ethics Board has no jurisdiction over the matter;
3.
if the complainant fails to cooperate with the Ethics Board’s investigation; or
4.
for other good grounds;

2.
refer the complaint to the appropriate authorities for criminal investigation and prosecution;
3.
refer the matter to the Mayor or appropriate administration officers for disciplinary personnel action;
4.
conduct an administrative enforcement hearing; or
5.
settle the matter with the person who is the object of the complaint or Ethics Board investigation.

§C1A-31. Hearings; Administrative Enforcement.

1.
The Ethics Board shall adopt rules governing the conduct of all hearings. Such rules shall contain appropriate due process procedural mechanisms, as well as take into account any applicable provisions of law and collective bargaining agreements. The Ethics Board shall conduct and complete each hearing with reasonable promptness.

2.
If the Ethics Board elects to conduct a hearing on a possible ethics violation, then the person who is the subject of the hearing has the right to be represented by counsel. A copy of the transcript of the testimony provided by the person who is the subject of the complaint shall be provided at no cost to such person.

3.
If after hearing all of the testimony and reviewing the relevant documents, the Ethics Board determines that an ethics violation has been committed, then the Ethics Board shall impose one or more appropriate sanctions, as follows:

1.
impose a civil penalty in an amount not less than two hundred fifty dollars ($250.) nor more than ten thousand dollars ($10,000.);
2.
refer the matter to the district attorney for criminal prosecution;
3.
refer the matter to the Corporation Counsel or special counsel (if previously appointed) for civil action seeking injunction; debarment; voiding of a transaction; permanent bar from appointment, employment or election as a City officer or employee; civil forfeiture, or other relief; or
4.
refer the matter to the appointing authority of a City employee, or officer or the person empowered to discipline that City officer or employee;

4.
Nothing in this section shall be construed to permit the Ethics Board to take any action with respect to any alleged ethics violation by the Ethics Board or one of its members. Such a violation shall be referred to the District Attorney for criminal prosecution.

§C1A-32. Subpoenas.

The Ethics Board may issue subpoenas to compel the attendance of necessary witnesses and the production of documents and other materials pertinent to an investigation or hearing.

§C1A-33. Prohibition on Influence of the Ethics Board.

1.
No City officer or employee or any other person shall attempt to privately influence or communicate with an Ethics Board member concerning a pending Ethics Board complaint or investigation. All communications shall be to the Ethics Board itself or the Chairperson of the Ethics Board as authorized by Ethics Board rule.

2.
Any improper communication to an Ethics Board member shall be disclosed by the Ethics Board member to the Ethics Board and shall, itself, constitute an ethics violation.

§C1A-34. Appointment of Special Counsel.

1.
In the event that the subject of an ethics violation, complaint, investigation, or advisory opinion is the Mayor, a Deputy Mayor, the Mayor’s Chief of Staff, or the Corporation Counsel, then the Corporation Counsel shall recuse himself or herself, as well as the entire office of the Corporation Counsel, and special counsel shall be appointed to advise the Ethics Board, assist in rendering an advisory opinion, assist in conducting an investigation, and assist the Ethics Board regarding administrative enforcement, hearing, and other matters relating to ethics violation enforcement.

2.
When special counsel is needed, the Council President, the Majority Leader, and the Minority Leader shall each provide the Ethics Board with the name of one (1) proposed special counsel and the Ethics Board shall appoint one (1) special counsel from the names so provided.

3.
The City shall bear the expense of reasonable attorney’s fees, costs and disbursements incurred by special counsel in assisting the Ethics Board with such ethics violation, complaint, or investigation. Special counsel shall have the same powers and duties as does Corporation Counsel under this Article.

§C1A-35. Confidentiality.

Complaints, investigations, records and other material related to ethics violations, advisory opinions, and other matters before the Ethics Board shall be confidential until final action is taken by the Ethics Board. Prior to release, personal information shall be redacted to the extent authorized by the Freedom of Information Law.

§C1A-36. Waivers.

1.
The Ethics Board is empowered to grant waivers from certain provisions of the Ethics Code, as provided herein.

2.
The Ethics Board may grant a waiver of the prohibitions set forth in Section C1A-10 upon the affirmative supermajority vote of five members of the Ethics Board. Such a waiver may include, but is not limited to, authorizing former City officers or employees to appear before the City on behalf of another person concerning a matter that was before the City officer or employee during his or her prior employment by, or service to, the City.

3.
An application for a waiver must be made in writing setting forth in detail the reasons for the requested waiver. The application must be signed by the applicant with a statement, under oath, that the contents of the application are true and correct. The Ethics Board may grant a waiver if there is no substantial prejudice to the City and upon such conditions as are appropriate to assure that public interest in high ethical conduct is maintained. The applicant shall provide such additional information as is necessary and the Ethics Board may investigate the application as it sees fit.

4.
All waivers shall be issued in writing by the Ethics Board and the contents of any waiver shall be a public record.

§C1A-37. Penalties.

Any ethics violation shall be punishable by:

1.
a civil penalty to be imposed by the Ethics Board of at least two hundred fifty dollars ($250.) for a first ethics violation, of at least five hundred dollars ($500.) for a second ethics violation, and of at least one thousand dollars ($1,000.) for a third ethics violation. A person need not commit the same ethics violation to be considered a repeat ethics violator. The maximum civil penalty for any ethics violation is ten thousand dollars ($10,000.).

2.
a criminal penalty as a Class I offense of up to one year imprisonment or a fine of one thousand dollars ($1,000.), or both.

3.
upon the recommendation of the Ethics Board, suspension or dismissal from office, or other personnel disciplinary action by the City officer or employee empowered to take such disciplinary action.

4.
upon recommendation of the Ethics Board, a court of competent jurisdiction may order the permanent debarment from doing business with the City of any person; disqualification from appointment, employment or election as a City officer or employee; or voiding of any contract.

Section 2. This local law shall take effect upon approval by a majority of the voters of the City of Yonkers at a mandatory referendum at the general election to be conducted on November 8, 2005.

ADOPTED UNANIMOUSLY BY THE CHARTER REVISION COMMISSION OF THE CITY OF YONKERS THE 1ST DAY OF SEPTEMBER, 2005 AND DIRECTED TO BE PLACED ON THE GENERAL ELECTION BALLOT ON NOVEMBER 8, 2005 FOR REFERENDUM BY THE VOTERS OF THE CITY OF YONKERS.

THE ABOVE REFERENDUM WAS PLACED ON THE BALLOT AND APPROVED BY THE VOTERS ON NOVEMBER 8, 2005.