AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
ORGANIZATION MEETING
SATURDAY, JANUARY 2, 2010
TIME:
PRESENT: PRESIDENT OF THE COUNCIL
CHUCK LESNICK
COUNCIL MEMBERS:
1 PATRICIA D. McDOW
2 WILSON A. TERRERO
3 JOAN GRONOWSKI
4 DENNIS E. SHEPHERD
5 JOHN M. MURTAGH
6 JOHN LARKIN
OFFICE OF THE CITY CLERK
CITY HALL
YONKERS, NEW YORK
December 28, 2009
Pursuant to the provisions of Section 32 of the Second Class Cities Law, a meeting of the members of the City Council of the City of Yonkers will be held on Saturday, January 2, 2010 at 11:00 a.m. in the City Council Chambers, City Hall, Yonkers, New York for the following purpose:
1. To organize as the City Council of the City of Yonkers.
2. To determine and adopt rules of proceedings, pursuant to the provisions of Section 34 of the Second Class Cities Law and to designate a Majority Leader and a Minority Leader.
3. To designate the official newspapers of the City of Yonkers.
4. All other organizational business.
JOAN C. DEIERLEIN
City Clerk
Tuesday, December 29, 2009
Friday, December 25, 2009
Yonkers IDA Public Hearing Monday December 28th at 5:30pm
Public Hearing
382 Warburton Avenue
Monday, December 28, 2009
5:30 p.m.
Mayor's Reception Room
City Hall, Yonkers NY
382 Warburton Avenue
Monday, December 28, 2009
5:30 p.m.
Mayor's Reception Room
City Hall, Yonkers NY
Wednesday, December 23, 2009
Tuesday, December 22, 2009
Monday, December 21, 2009
Sunday, December 20, 2009
Real Estate Committee Meeting, Tuesday, December 22, 2009 at 7:00 PM
Editors Note: FTA: Full Tax Agreement are the new version of P.I.L.O.T.S (Payments in Lieu of Taxes, which are taxpayers subsidies to Developers)
Please be advised that a Real Estate Committee Meeting has been scheduled for Tuesday, December 22, 2009 at 7:00 PM, in the Council Chambers, Yonkers City Hall, 4th Floor.
The following items will be on the Agenda:
1. Briefing on the SFC Project:
· Full Tax Agreement (FTA).
· Determination of proposed Struever Fidelco Cappelli LLC River Park Center and Cacace Center sites as a designated development site in accordance with Section 43-46 of the Zoning Code of the City of Yonkers.
2. Special Ordinance – granting Con Ed a permit to install 4 feeders and related services in Smart Avenue, Wendover Road, Midland Avenue, Fullerton Avenue, Central Park Avenue South, Central Park Avenue North, Yonkers Avenue and Hall Place, the estimated dimensions are in excess of 100 linear feet in accordance with layout plan CO2-01666-8X.
3. 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.
Thank you,
Please be advised that a Real Estate Committee Meeting has been scheduled for Tuesday, December 22, 2009 at 7:00 PM, in the Council Chambers, Yonkers City Hall, 4th Floor.
The following items will be on the Agenda:
1. Briefing on the SFC Project:
· Full Tax Agreement (FTA).
· Determination of proposed Struever Fidelco Cappelli LLC River Park Center and Cacace Center sites as a designated development site in accordance with Section 43-46 of the Zoning Code of the City of Yonkers.
2. Special Ordinance – granting Con Ed a permit to install 4 feeders and related services in Smart Avenue, Wendover Road, Midland Avenue, Fullerton Avenue, Central Park Avenue South, Central Park Avenue North, Yonkers Avenue and Hall Place, the estimated dimensions are in excess of 100 linear feet in accordance with layout plan CO2-01666-8X.
3. 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.
Thank you,
CITY COUNCIL RULES, DO HEREBY CALL A SPECIAL MEETING OF THE CITY COUNCIL,TUESDAY, DECEMBER 22, 2009
TIME: ________
PRESENT: PRESIDENT OF THE COUNCIL
CHUCK LESNICK
DISTRICT
2 MAJORITY LEADER SANDY ANNABI
4 MINORITY LEADER LIAM J. McLAUGHLIN
COUNCIL MEMBERS:
DISTRICT:
1 PATRICIA D. McDOW
3 JOAN GRONOWSKI
5 JOHN M. MURTAGH
6 DEE BARBATO
I, THE UNDERSIGNED PRESIDENT 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 TUESDAY, DECEMBER 22, 2009 IN THE CITY COUNCIL CHAMBERS, FOURTH FLOOR, CITY HALL, YONKERS, NEW YORK AT 8 P.M. FOR THE FOLLOWING PURPOSE:
TO DISCUSS AND TAKE ACTION ON:
1. A SPECIAL ORDINANCE DETERMINING THE TERMS, FORM AND DETAILS OF ISSUANCE OF $13,836.000 GENERAL OBLIGATION QZABS.
2. A SPECIAL ORDINANCE AUTHORIZING THE BOND ORDINANCE OF THE CITY OF YONKERS FOR THE FISCAL YEAR 2009/10 FUNDING FOR GENERAL REHABILITATION OF VARIOUS SCHOOL BUILDINGS INCLUDED IN THE CAPITAL BUDGET FOR THE BOARD OF EDUCATION ($11,000,000)
3. RESOLUTION -DETERMINATION OF PROPOSED STRUEVER FIDELCO CAPPELLI LLC RIVER PARK CENTER AND CACACE CENTER SITES AS A DESIGNATED DEVELOPMENT SITE IN ACCORDANCE WITH SECTION 43-46 OF THE ZONING CODE OF THE CITY OF YONKERS.
(INDEX CONTINUED)
4. RESOLUTION APPROVING STRUEVER FIDELCO CAPPELLI LLC FTA (FULL TAX AGREEMENT) AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF YONKERS.
5. ALL OTHER ITEMS PROPERLY COMING BEFORE THE COUNCIL.
CHUCK LESNICK
CITY COUNCIL PRESIDENT
PRESENT: PRESIDENT OF THE COUNCIL
CHUCK LESNICK
DISTRICT
2 MAJORITY LEADER SANDY ANNABI
4 MINORITY LEADER LIAM J. McLAUGHLIN
COUNCIL MEMBERS:
DISTRICT:
1 PATRICIA D. McDOW
3 JOAN GRONOWSKI
5 JOHN M. MURTAGH
6 DEE BARBATO
I, THE UNDERSIGNED PRESIDENT 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 TUESDAY, DECEMBER 22, 2009 IN THE CITY COUNCIL CHAMBERS, FOURTH FLOOR, CITY HALL, YONKERS, NEW YORK AT 8 P.M. FOR THE FOLLOWING PURPOSE:
TO DISCUSS AND TAKE ACTION ON:
1. A SPECIAL ORDINANCE DETERMINING THE TERMS, FORM AND DETAILS OF ISSUANCE OF $13,836.000 GENERAL OBLIGATION QZABS.
2. A SPECIAL ORDINANCE AUTHORIZING THE BOND ORDINANCE OF THE CITY OF YONKERS FOR THE FISCAL YEAR 2009/10 FUNDING FOR GENERAL REHABILITATION OF VARIOUS SCHOOL BUILDINGS INCLUDED IN THE CAPITAL BUDGET FOR THE BOARD OF EDUCATION ($11,000,000)
3. RESOLUTION -DETERMINATION OF PROPOSED STRUEVER FIDELCO CAPPELLI LLC RIVER PARK CENTER AND CACACE CENTER SITES AS A DESIGNATED DEVELOPMENT SITE IN ACCORDANCE WITH SECTION 43-46 OF THE ZONING CODE OF THE CITY OF YONKERS.
(INDEX CONTINUED)
4. RESOLUTION APPROVING STRUEVER FIDELCO CAPPELLI LLC FTA (FULL TAX AGREEMENT) AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF YONKERS.
5. ALL OTHER ITEMS PROPERLY COMING BEFORE THE COUNCIL.
CHUCK LESNICK
CITY COUNCIL PRESIDENT
Board of Contract and Supply (BOCS) Monthly Meeting Wednesday December 23rd at 10:30am
Board of Contract and Supply (BOCS)
Monthly Meeting
12/23/2009 10:30 AM - 11:00 AM
Mayor's Reception Room
City Hall, 40 South Broadway
Yonkers, New York 10701
NO AGENDA AVAILABLE AT TIME OF POSTING
Monthly Meeting
12/23/2009 10:30 AM - 11:00 AM
Mayor's Reception Room
City Hall, 40 South Broadway
Yonkers, New York 10701
NO AGENDA AVAILABLE AT TIME OF POSTING
Friday, December 18, 2009
Thursday, December 17, 2009
Monday, December 14, 2009
CIVIL SERVICE COMMISSION MEETING Tuesday December 15th at 10am
CIVIL SERVICE COMMISSION MEETING
12/15/2009 10:00 AM - 2:00 PM
CIVIL SERVICE OFFICE
CITY HALL ROOM 120
YONKERS, New York 10701
NO AGENDA AVAILABLE AT TIME OF POSTING
12/15/2009 10:00 AM - 2:00 PM
CIVIL SERVICE OFFICE
CITY HALL ROOM 120
YONKERS, New York 10701
NO AGENDA AVAILABLE AT TIME OF POSTING
Yonkers CDA Meeting Agenda Now Available
YCDA BOARD MEETING
December 14, 2009
Mayors Reception Room
4:30 PM
AGENDA
Roll Call
Philip Amicone, Chairperson
Chuck Lesnick, City Council President
James LaPerche, Finance Commissioner
Frank J. Rubino, Corporation Counsel
Lee Ellman, Planning Director
Wilson Terrero, Board Member
George DeGabriel, Board Member
Acceptance of October 27th, Board Minutes
Old Business
1. RESOLUTION OF THE YONKERS COMMUNITY DEVELOPMENT AGENCY AMENDING RESOLUTION NO. 6-2009 IN CONNECTION WITH REPORTING REQUIREMENTS FOR THE PUBLIC AUTHORITIES ACCOUNTABILITY ACT
2. RESOLUTION OF THE YONKERS COMMUNITY DEVELOPMENT AGENCY
ADOPTING CERTAIN POLICIES, STANDARDS AND PROCEDURES IN ACCORDANCE WITH THE PUBLIC AUTHORITIES ACCOUNTABILITY ACT OF 2005.
3. RESOLUTION OF THE YONKERS COMMUNITY DEVELOPMENT AGENCY AMENDING THE BYLAWS OF THE AGENCY
December 14, 2009
Mayors Reception Room
4:30 PM
AGENDA
Roll Call
Philip Amicone, Chairperson
Chuck Lesnick, City Council President
James LaPerche, Finance Commissioner
Frank J. Rubino, Corporation Counsel
Lee Ellman, Planning Director
Wilson Terrero, Board Member
George DeGabriel, Board Member
Acceptance of October 27th, Board Minutes
Old Business
1. RESOLUTION OF THE YONKERS COMMUNITY DEVELOPMENT AGENCY AMENDING RESOLUTION NO. 6-2009 IN CONNECTION WITH REPORTING REQUIREMENTS FOR THE PUBLIC AUTHORITIES ACCOUNTABILITY ACT
2. RESOLUTION OF THE YONKERS COMMUNITY DEVELOPMENT AGENCY
ADOPTING CERTAIN POLICIES, STANDARDS AND PROCEDURES IN ACCORDANCE WITH THE PUBLIC AUTHORITIES ACCOUNTABILITY ACT OF 2005.
3. RESOLUTION OF THE YONKERS COMMUNITY DEVELOPMENT AGENCY AMENDING THE BYLAWS OF THE AGENCY
Zoning Board of Appeals Meeting Tuesday December 15th at 6pm
Zoning Board of Appeals
Date: 12/15/2009 6:00 PM
Location: City Council Chambers
City Hall-4th Floor
Yonkers, New York 10701
Add to my Outlook Calendar
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, DECEMBER 15, 2009 at 6:00 P.M. sharp, in the City Council Chambers, Yonkers, New York (building is accessible to the handicapped), on applications for Appeals from the Building Commissioner's decisions and applications for Variances under the provisions of G.O. # 4-2000, as amended:
DECISIONS:
# 5177 – Use & Area Variance – Snyder & Snyder, LLP on behalf of 1-3 Remsen Road Corp. (owner), & T-Mobile Northeast , LLC (lessee), on premises know as 1-3 Remsen Road aka 57 Newport Road, Block: 4350 Lot: 150, Zone: “MG”.
# 5180 – Area Variance – Andrew Romano, Esq. on behalf of Robert Stevenson (owner), on premises known as 571 Mile Square Road, Block: 5039, Lot: 1, Zone: “T”.
#5191 – Area Variance & Improvement to a Non-Conforming Use – Michael G. Calvi, P.E. on behalf of kalhed Awwad (owner), on premises known as 105 Ridgewood Avenue, Block: 6335 Lot: 20, Zone: “S-50”.
# 5192 – Area Variance – Andrew Romano, Esq. on behalf of Iglesia Bautista (owner), on premises known as 115 Beech Street, Block: 461 Lot: 1, Zone: “M”.
# 5194 – Appeal from an Interpretation by the Commissioner of Buildings – Riverview II Preservation, Lp on behalf of Mark E. Carbone, (owner), on premises known as 30 Hawthorne Avenue aka 47 Riverdale Avenue, Block: 505 Lot: 200, Zone: “BA”.
#5195 – Area Variance – Dimovski Architecture PLLC on behalf of Mark Sheehan (owner), on premises known as 1 Lindbergh Place, Block: 4723 Lot: 39, Zone: “S-50”.
# 5196 – Area Variance – Arthur Rossi on behalf of Peter Rossi (owner), on premises known as 42 Rushby Way, Block: 5482 Lot: 98, Zone:” S-50”.
# 5197 – Area Variance – Andrew Romano, Esq. on behalf of Dino Odoardi (owner), on premises known as 321 New Main Street, Block: 190 Lot: 2, Zone: “C”.
# 5198 – Area Variance Design Development on behalf of Charles & Susan Groppe (owners), on premises known as 32 Roundtop Road, Block: 4402 Lot: 382, Zone; “S-100”.
# 5199 – Area Variance –Jean Ann Vene on behalf of herself (owner), on premises know as 132 aka 136 Young Avenue, Block: 4297 Lot: 39, Zone: “S-50”.
CONTINUED HEARING:
# 5193 – Area Variance – Riverview II Preservation, LP on behalf of Mark E. Carbone (owner), to refurbish the existing trash enclosure with a masonry block wall with black vinyl coated chain link gates. Whereas, fences and walls shall not exceed four feet (4’) in the minimum front yard as per Section 43-41(P) (proposed 6’; required 4’), on premises known as 30 Hawthorne Avenue aka 47 Riverdale Avenue, Block: 505 Lot: 200, Zone: “BA”.
NEW HEARINGS:
# 5200 - Area Variance – Andrew Romano, Esq. on behalf of Chris & Alice Colon (owners), alterations to the 1st floor to extend the kitchen & a bedroom & bathroom on the 2nd floor of an existing 1-family dwelling. Having insufficient total of side yards, Section 43-27, Table 43-3 (required 15’; proposed 13.12’+/- for addition) (required 15’; proposed 12.93’+/- for deck), on premises known as 17 Cumberland Avenue, Block: 6206 Lot: 9, Zone: “S-50”.
# 5201 - Area Variance – Andrew Romano, Esq. on behalf of Michael Hanigan (owner), to legalize a roof off garage. Having insufficient side yard, Section 43-40.D.4 & 43-41.A.2 (required 3’; proposed 1.2’+/- for side-yard patio cover & patio), on premises known as 269 First Street, Block: 6295 Lot: 10-11, Zone: “T”.
# 5202 - Area Variance – Andrew Romano, Esq. on behalf of Halcon Development, Osvaldo Severo V.P. (owner), for interior alterations to convert a 3-family into a 4-family multiple dwelling. Having insufficient parking, Section 43-128 & Table 43-4 (required 2; proposed 1). Parking within the minimum front yard not permitted per Section 43-133(A)2. Parking within 5’ of front property line, Section 43-44A(9)(b) (proposed 3’-2” +/-). Parking within 10’ of residential building not permitted per Section 43-44A(9)(b) (proposed 2’+/-), on premises known as 19 Burhans Avenue, Block: 2364 Lot: 36-38, Zone: “M”.
# 5203 – Area Variance Luis Saiz, Jr., Architect on behalf of 1740 Central Avenue LLC (owner), to expand the existing rear parking area. Whereas, parking within 5’ of all property lines not permitted (proposed 1 ‘scaled), as per Section 43-44B(5). Parking in the minimum side yard not permitted, as per Section 43-133(3). Parallel parking space shall be 20 feet in length (end space), as per Section 43-134(9) (provided 18ft). Parking in the minimum front yard is not permitted, as per Section 43-133(3). Exceeding the maximum height of a retaining wall in the minimum rear yard (required 6 feet; proposed 8 feet-6 inches), as per Section 43-43F. Parking shall be designed to prevent maneuvering of vehicles into or out of spaces within any portion of a driveway that is within 10 feet of the right-of-way line of any road, Section 43-134(3), on premises known as 1 Plymouth Avenue, Block: 4612 Lot: 26, Zone: “BR”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
Date: 12/15/2009 6:00 PM
Location: City Council Chambers
City Hall-4th Floor
Yonkers, New York 10701
Add to my Outlook Calendar
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, DECEMBER 15, 2009 at 6:00 P.M. sharp, in the City Council Chambers, Yonkers, New York (building is accessible to the handicapped), on applications for Appeals from the Building Commissioner's decisions and applications for Variances under the provisions of G.O. # 4-2000, as amended:
DECISIONS:
# 5177 – Use & Area Variance – Snyder & Snyder, LLP on behalf of 1-3 Remsen Road Corp. (owner), & T-Mobile Northeast , LLC (lessee), on premises know as 1-3 Remsen Road aka 57 Newport Road, Block: 4350 Lot: 150, Zone: “MG”.
# 5180 – Area Variance – Andrew Romano, Esq. on behalf of Robert Stevenson (owner), on premises known as 571 Mile Square Road, Block: 5039, Lot: 1, Zone: “T”.
#5191 – Area Variance & Improvement to a Non-Conforming Use – Michael G. Calvi, P.E. on behalf of kalhed Awwad (owner), on premises known as 105 Ridgewood Avenue, Block: 6335 Lot: 20, Zone: “S-50”.
# 5192 – Area Variance – Andrew Romano, Esq. on behalf of Iglesia Bautista (owner), on premises known as 115 Beech Street, Block: 461 Lot: 1, Zone: “M”.
# 5194 – Appeal from an Interpretation by the Commissioner of Buildings – Riverview II Preservation, Lp on behalf of Mark E. Carbone, (owner), on premises known as 30 Hawthorne Avenue aka 47 Riverdale Avenue, Block: 505 Lot: 200, Zone: “BA”.
#5195 – Area Variance – Dimovski Architecture PLLC on behalf of Mark Sheehan (owner), on premises known as 1 Lindbergh Place, Block: 4723 Lot: 39, Zone: “S-50”.
# 5196 – Area Variance – Arthur Rossi on behalf of Peter Rossi (owner), on premises known as 42 Rushby Way, Block: 5482 Lot: 98, Zone:” S-50”.
# 5197 – Area Variance – Andrew Romano, Esq. on behalf of Dino Odoardi (owner), on premises known as 321 New Main Street, Block: 190 Lot: 2, Zone: “C”.
# 5198 – Area Variance Design Development on behalf of Charles & Susan Groppe (owners), on premises known as 32 Roundtop Road, Block: 4402 Lot: 382, Zone; “S-100”.
# 5199 – Area Variance –Jean Ann Vene on behalf of herself (owner), on premises know as 132 aka 136 Young Avenue, Block: 4297 Lot: 39, Zone: “S-50”.
CONTINUED HEARING:
# 5193 – Area Variance – Riverview II Preservation, LP on behalf of Mark E. Carbone (owner), to refurbish the existing trash enclosure with a masonry block wall with black vinyl coated chain link gates. Whereas, fences and walls shall not exceed four feet (4’) in the minimum front yard as per Section 43-41(P) (proposed 6’; required 4’), on premises known as 30 Hawthorne Avenue aka 47 Riverdale Avenue, Block: 505 Lot: 200, Zone: “BA”.
NEW HEARINGS:
# 5200 - Area Variance – Andrew Romano, Esq. on behalf of Chris & Alice Colon (owners), alterations to the 1st floor to extend the kitchen & a bedroom & bathroom on the 2nd floor of an existing 1-family dwelling. Having insufficient total of side yards, Section 43-27, Table 43-3 (required 15’; proposed 13.12’+/- for addition) (required 15’; proposed 12.93’+/- for deck), on premises known as 17 Cumberland Avenue, Block: 6206 Lot: 9, Zone: “S-50”.
# 5201 - Area Variance – Andrew Romano, Esq. on behalf of Michael Hanigan (owner), to legalize a roof off garage. Having insufficient side yard, Section 43-40.D.4 & 43-41.A.2 (required 3’; proposed 1.2’+/- for side-yard patio cover & patio), on premises known as 269 First Street, Block: 6295 Lot: 10-11, Zone: “T”.
# 5202 - Area Variance – Andrew Romano, Esq. on behalf of Halcon Development, Osvaldo Severo V.P. (owner), for interior alterations to convert a 3-family into a 4-family multiple dwelling. Having insufficient parking, Section 43-128 & Table 43-4 (required 2; proposed 1). Parking within the minimum front yard not permitted per Section 43-133(A)2. Parking within 5’ of front property line, Section 43-44A(9)(b) (proposed 3’-2” +/-). Parking within 10’ of residential building not permitted per Section 43-44A(9)(b) (proposed 2’+/-), on premises known as 19 Burhans Avenue, Block: 2364 Lot: 36-38, Zone: “M”.
# 5203 – Area Variance Luis Saiz, Jr., Architect on behalf of 1740 Central Avenue LLC (owner), to expand the existing rear parking area. Whereas, parking within 5’ of all property lines not permitted (proposed 1 ‘scaled), as per Section 43-44B(5). Parking in the minimum side yard not permitted, as per Section 43-133(3). Parallel parking space shall be 20 feet in length (end space), as per Section 43-134(9) (provided 18ft). Parking in the minimum front yard is not permitted, as per Section 43-133(3). Exceeding the maximum height of a retaining wall in the minimum rear yard (required 6 feet; proposed 8 feet-6 inches), as per Section 43-43F. Parking shall be designed to prevent maneuvering of vehicles into or out of spaces within any portion of a driveway that is within 10 feet of the right-of-way line of any road, Section 43-134(3), on premises known as 1 Plymouth Avenue, Block: 4612 Lot: 26, Zone: “BR”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
Yonkers Community Development Agency Meeting Today at 4:30pm
YCDA Board Meeting
12/14/2009 4:30 PM - 5:30 PM
City Hall - 2nd Floor Mayors Reception Room
40 South Broadway
Yonkers, New York 10701
NO AGENDA AVAILABLE AT TIME OF POSTING
12/14/2009 4:30 PM - 5:30 PM
City Hall - 2nd Floor Mayors Reception Room
40 South Broadway
Yonkers, New York 10701
NO AGENDA AVAILABLE AT TIME OF POSTING
Sunday, December 13, 2009
Friday, December 11, 2009
ESDC to Give Kimber Manufacturing $700,000 Grant
Public Hearing to be Held Today in Greenburg Town Hall at 2-3pm. Click on image to enlarge:
http://www.lohud.com/article/20091211/NEWS02/912110325/1246/NEWS0224/Weapons-manufacturer-to-get-700-000-grant-for-Yonkers-and-Greenburgh-expansion
http://www.lohud.com/article/20091211/NEWS02/912110325/1246/NEWS0224/Weapons-manufacturer-to-get-700-000-grant-for-Yonkers-and-Greenburgh-expansion
Wednesday, December 9, 2009
REGULAR MEETING OF THE YONKERS PLANNING BOARD ON WEDNESDAY, DECEMBER 9,
87 Nepperhan Avenue, Room 320
Yonkers, New York 10701
(914) 377-6555
Fax (914) 377-6552
CITY OF YONKERS 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, DECEMBER 9,
2009 AT 5:30 P.M. IN THE CITY COUNCIL CHAMBERS,
CITY HALL, 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.
MINUTES:
1. MINUTES OF THE REGULAR MEETING HELD ON OCTOBER 14, 2009.
2. MINUTES OF THE REGULAR MEETING HELD ON NOVEMBER 18, 2009.
3. REVIEW AND VOTE ON THE PROPOSED 2010 PLANNING BOARD SCHEDULE
OLD BUSINESS:
SITE PLAN 4. SITE PLAN REVIEW FOR A PROPOSED CONSTRUCTION
REVIEW EQUIPMENT STORAGE LOT AT BLOCK: 3285 LOT: 205 ON THE PROPERTY KNOWN AS 115 AUSTIN AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
LOUIS MAGGIOTTO, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SPECIAL USE 5. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED PLANNED NEIGHBORHOOD
PLAN REVIEW/ COMMERCIAL DEVELOPMENT (FORMER LOCKWOOD
PUBLIC HEARING LUMBER SITE) AT BLOCK: 2365 LOTS: 1, 3, 6, 7 & 12 ON THE PROPERTY KNOWN AS 380 SAW MILL RIVER ROAD PURSUANT TO ARTICLES IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
CONRAD PITILLI, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING- CLOSED
B. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
C. PLANNING BOARD REVIEW
SITE PLAN 6. SITE PLAN REVIEW AND AFFORDABLE HOUSING
REVIEW/AFFORDABLE APPLICATION FOR A PROPOSED 353 UNIT
HOUSING RESIDENTIAL BUILDING AT BLOCK: 3370 LOT: 32 ON
APPLICATION THE PROPERTY KNOWN AS 1105-1135 WARBURTON
AVENUE PURSUANT TO ARTICLES IX AND ARTICLE XV OF THE YONKERS ZONING ORDINANCE
MICHAEL ORLANDI, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: TBD
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SITE PLAN 7. SITE PLAN REVIEW FOR A PROPOSED 93 UNIT
REVIEW RESIDENTIAL BUILDING AT BLOCK: 2017 LOTS: 3, 5-8 & 21-24 ON THE PROPERTY KNOWN AS 54 AKA 56 WARBURTON AVENUE PURSUANT TO ARTICLES IX OF THE YONKERS ZONING ORDINANCE.
GREYSTON FOUNDATION & PERKINS EASTMAN, REPRESENTATIVES FOR THE PROPOSAL
A. SEQRA: TYPE I ACTION/REVIEW COMPLETED/ NEG DEC
LEAD AGENCY: ZONING BOARD OF APPEALS
B. PLANNING BOARD REVIEW
PRELIMINARY 8. PRELIMINARY SPECIAL USE PERMIT (PLANNED
SPECIAL USE URBAN REDEVELOPMENT [PUR]) FOR THE PROPOSED
PERMIT REVIEW/ TEUTONIA BUENA VISTA PROJECT AT BLOCK: 511
PLANNED URBAN LOTS: 24, 25, 27 AND BLOCK: 512 LOTS: 1, 11, 13, 15, 17, 21
REDEVELOPMENT & 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
B. REVIEW OF SCOPING AND SCHEDULING OF
PUBLIC SCOPING SESSION
SITE PLAN 9. SITE PLAN REVIEW FOR PROPOSED EMERGENCY
REVIEW BACKUP GENERATOR AT BLOCK: 3455 LOT: 40 ON THE PROPERTY KNOWN AS 6 EXECUTIVE PLAZA PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
NICHOLAS WILLIAMSON, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SPECIAL USE 10. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED 24 HOUR USE (GAS STATION/
PLAN REVIEW CONVENIENCE STORE) AT BLOCK: 2067 LOT: 69 ON THE
PUBLIC HEARING PROPERTY KNOWN AS 360 NEPPERHAN AVENUE PURSUANT TO ARTICLE IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
ALFRED DELBELLO, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING
B. SEQRA: TYPE I ACTION
LEAD AGENCY: ZONING BOARD OF APPEALS
C. PLANNING BOARD REVIEW
NEW BUSINESS:
SITE PLAN 11. SITE PLAN REVIEW FOR PROPOSED SITE
REVIEW IMPROVEMENTS TO THE EXISTING MOTEL AT BLOCK: 4001 LOTS: 125 & 133 ON THE PROPERTY KNOWN AS 323 AKA 307 TUCKAHOE ROAD 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
SPECIAL USE 12. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED GAS STATION/ CONVENIENCE STORE AT
PLAN REVIEW BLOCK: 6117 LOT: 9 ON THE PROPERTY KNOWN AS
PUBLIC HEARING 487-493 CENTRAL PARK AVENUE PURSUANT TO ARTICLE IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
ANDREW ROMANO, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING
B. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
C. PLANNING BOARD REVIEW
SPECIAL USE 13. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED 24 HOUR GAS STATION/ CONVENIENCE
PLAN REVIEW STORE AT BLOCK: 5530 LOT: 650 ON THE PROPERTY
PUBLIC HEARING KNOWN AS 574 TUCKAHOE ROAD PURSUANT TO ARTICLE IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
MARK SMITH, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING
B. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
C. PLANNING BOARD REVIEW
OTHER
BUSINESS 18. COMMUNICATIONS
19. SCHEDULE WORK SESSIONS AS NECESSARY
Yonkers, New York 10701
(914) 377-6555
Fax (914) 377-6552
CITY OF YONKERS 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, DECEMBER 9,
2009 AT 5:30 P.M. IN THE CITY COUNCIL CHAMBERS,
CITY HALL, 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.
MINUTES:
1. MINUTES OF THE REGULAR MEETING HELD ON OCTOBER 14, 2009.
2. MINUTES OF THE REGULAR MEETING HELD ON NOVEMBER 18, 2009.
3. REVIEW AND VOTE ON THE PROPOSED 2010 PLANNING BOARD SCHEDULE
OLD BUSINESS:
SITE PLAN 4. SITE PLAN REVIEW FOR A PROPOSED CONSTRUCTION
REVIEW EQUIPMENT STORAGE LOT AT BLOCK: 3285 LOT: 205 ON THE PROPERTY KNOWN AS 115 AUSTIN AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
LOUIS MAGGIOTTO, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SPECIAL USE 5. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED PLANNED NEIGHBORHOOD
PLAN REVIEW/ COMMERCIAL DEVELOPMENT (FORMER LOCKWOOD
PUBLIC HEARING LUMBER SITE) AT BLOCK: 2365 LOTS: 1, 3, 6, 7 & 12 ON THE PROPERTY KNOWN AS 380 SAW MILL RIVER ROAD PURSUANT TO ARTICLES IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
CONRAD PITILLI, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING- CLOSED
B. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
C. PLANNING BOARD REVIEW
SITE PLAN 6. SITE PLAN REVIEW AND AFFORDABLE HOUSING
REVIEW/AFFORDABLE APPLICATION FOR A PROPOSED 353 UNIT
HOUSING RESIDENTIAL BUILDING AT BLOCK: 3370 LOT: 32 ON
APPLICATION THE PROPERTY KNOWN AS 1105-1135 WARBURTON
AVENUE PURSUANT TO ARTICLES IX AND ARTICLE XV OF THE YONKERS ZONING ORDINANCE
MICHAEL ORLANDI, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: TBD
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SITE PLAN 7. SITE PLAN REVIEW FOR A PROPOSED 93 UNIT
REVIEW RESIDENTIAL BUILDING AT BLOCK: 2017 LOTS: 3, 5-8 & 21-24 ON THE PROPERTY KNOWN AS 54 AKA 56 WARBURTON AVENUE PURSUANT TO ARTICLES IX OF THE YONKERS ZONING ORDINANCE.
GREYSTON FOUNDATION & PERKINS EASTMAN, REPRESENTATIVES FOR THE PROPOSAL
A. SEQRA: TYPE I ACTION/REVIEW COMPLETED/ NEG DEC
LEAD AGENCY: ZONING BOARD OF APPEALS
B. PLANNING BOARD REVIEW
PRELIMINARY 8. PRELIMINARY SPECIAL USE PERMIT (PLANNED
SPECIAL USE URBAN REDEVELOPMENT [PUR]) FOR THE PROPOSED
PERMIT REVIEW/ TEUTONIA BUENA VISTA PROJECT AT BLOCK: 511
PLANNED URBAN LOTS: 24, 25, 27 AND BLOCK: 512 LOTS: 1, 11, 13, 15, 17, 21
REDEVELOPMENT & 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
B. REVIEW OF SCOPING AND SCHEDULING OF
PUBLIC SCOPING SESSION
SITE PLAN 9. SITE PLAN REVIEW FOR PROPOSED EMERGENCY
REVIEW BACKUP GENERATOR AT BLOCK: 3455 LOT: 40 ON THE PROPERTY KNOWN AS 6 EXECUTIVE PLAZA PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
NICHOLAS WILLIAMSON, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SPECIAL USE 10. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED 24 HOUR USE (GAS STATION/
PLAN REVIEW CONVENIENCE STORE) AT BLOCK: 2067 LOT: 69 ON THE
PUBLIC HEARING PROPERTY KNOWN AS 360 NEPPERHAN AVENUE PURSUANT TO ARTICLE IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
ALFRED DELBELLO, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING
B. SEQRA: TYPE I ACTION
LEAD AGENCY: ZONING BOARD OF APPEALS
C. PLANNING BOARD REVIEW
NEW BUSINESS:
SITE PLAN 11. SITE PLAN REVIEW FOR PROPOSED SITE
REVIEW IMPROVEMENTS TO THE EXISTING MOTEL AT BLOCK: 4001 LOTS: 125 & 133 ON THE PROPERTY KNOWN AS 323 AKA 307 TUCKAHOE ROAD 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
SPECIAL USE 12. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED GAS STATION/ CONVENIENCE STORE AT
PLAN REVIEW BLOCK: 6117 LOT: 9 ON THE PROPERTY KNOWN AS
PUBLIC HEARING 487-493 CENTRAL PARK AVENUE PURSUANT TO ARTICLE IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
ANDREW ROMANO, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING
B. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
C. PLANNING BOARD REVIEW
SPECIAL USE 13. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED 24 HOUR GAS STATION/ CONVENIENCE
PLAN REVIEW STORE AT BLOCK: 5530 LOT: 650 ON THE PROPERTY
PUBLIC HEARING KNOWN AS 574 TUCKAHOE ROAD PURSUANT TO ARTICLE IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
MARK SMITH, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING
B. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
C. PLANNING BOARD REVIEW
OTHER
BUSINESS 18. COMMUNICATIONS
19. SCHEDULE WORK SESSIONS AS NECESSARY
Public Hearing on Sustainable Development Law for Yonkers
Public Hearing on Local Law
Sustainable Development Law for Yonkers
Date: 12/10/2009 4:30 PM - 5:30 PM
Location: Mayor's Reception Room - 2nd Floor
City Hall - 40 South Broadway
Yonkers, New York 10701
Add to my Outlook Calendar
As required by the Yonkers City Charter, this is the mayor's hearing on the following Local Law adopted by the Yonkers City Council on November 24, 2009.
"A LOCAL LAW AMENDING CHAPTER 56 OF THE CODE OF THE CITY OF YONKERS ENTITLED BUILDING AND ELECTRICAL CODE TO ADD A NEW ARTICLE XVII ENTITLED “SUSTAINABLE DEVELOPMENT.”
Sustainable Development Law for Yonkers
Date: 12/10/2009 4:30 PM - 5:30 PM
Location: Mayor's Reception Room - 2nd Floor
City Hall - 40 South Broadway
Yonkers, New York 10701
Add to my Outlook Calendar
As required by the Yonkers City Charter, this is the mayor's hearing on the following Local Law adopted by the Yonkers City Council on November 24, 2009.
"A LOCAL LAW AMENDING CHAPTER 56 OF THE CODE OF THE CITY OF YONKERS ENTITLED BUILDING AND ELECTRICAL CODE TO ADD A NEW ARTICLE XVII ENTITLED “SUSTAINABLE DEVELOPMENT.”
River Communities Coalition of Yonkers Alert
RCCY
River Communities Coalition of Yonkers
Confirmed
GDC's 353 unit Riverclub proposal for 1105-1135 is now confirmed to be discussed before the Yonkers Planning Board today,
Wednesday, December 9th at 5:30 p.m. in the 4th floor of City Hall
located at 40 South Broadway.
Your Voice Counts
Our neighborhood has gone through drastic changes since this scheme was first conjured up nearly a decade ago. Make your voice heard. Attend this critical meeting and tell the Planning Board to insist on a new Environmental Impact Statement (EIS) before anything further actions are taken.
River Communities Coalition of Yonkers
Confirmed
GDC's 353 unit Riverclub proposal for 1105-1135 is now confirmed to be discussed before the Yonkers Planning Board today,
Wednesday, December 9th at 5:30 p.m. in the 4th floor of City Hall
located at 40 South Broadway.
Your Voice Counts
Our neighborhood has gone through drastic changes since this scheme was first conjured up nearly a decade ago. Make your voice heard. Attend this critical meeting and tell the Planning Board to insist on a new Environmental Impact Statement (EIS) before anything further actions are taken.
Tuesday, December 8, 2009
Real Estate Committee Meeting changed to 6:00 PM Tuesday, December 8th, 2009, Tonight
Please note that the meeting time of the Real Estate Committee Meeting has been changed to 6:00 PM on Tuesday, December 8th, 2009 (Tomorrow).
Also, an additional item has been added:
Local Law - adding to the Code of the City of Yonkers, Chapter 43, Article XVIII in reference to Zoning regarding the Steep Slopes Conservation Law.
Sorry for any inconvenience this may cause.
Also, an additional item has been added:
Local Law - adding to the Code of the City of Yonkers, Chapter 43, Article XVIII in reference to Zoning regarding the Steep Slopes Conservation Law.
Sorry for any inconvenience this may cause.
Sunday, December 6, 2009
River Communities Coalition of Yonkers ALERT
RCCY
River Communities Coalition of Yonkers
914-912-0509
ALERT
353 Unit Proposal for 1105 Warburton Ave
returns to the
Planning Board Agenda
Date: Wednesday, December 9, 2009
Time: 5:30 p.m.
Location: Yonkers City Hall
40 South Broadway - 4th floor
Yonkers, NY 10701
IT'S BACK!
GDC continues to petition the Planning Board with it's proposal for a
353 unit hi-rise development at 1105-1135 Warburton Ave.
RCCY opposes this scheme - even more so now that the data in the initial Environmental Impact Statement (EIS) is over 7 years old.
What can you do?
*
Attend Wednesdays meeting
*
Contact the Planning Board
*
Demand a new EIS (see below)
*
Current area conditions must be used to make any decision
River Communities Coalition of Yonkers
914-912-0509
ALERT
353 Unit Proposal for 1105 Warburton Ave
returns to the
Planning Board Agenda
Date: Wednesday, December 9, 2009
Time: 5:30 p.m.
Location: Yonkers City Hall
40 South Broadway - 4th floor
Yonkers, NY 10701
IT'S BACK!
GDC continues to petition the Planning Board with it's proposal for a
353 unit hi-rise development at 1105-1135 Warburton Ave.
RCCY opposes this scheme - even more so now that the data in the initial Environmental Impact Statement (EIS) is over 7 years old.
What can you do?
*
Attend Wednesdays meeting
*
Contact the Planning Board
*
Demand a new EIS (see below)
*
Current area conditions must be used to make any decision
Saturday, December 5, 2009
SPECIAL MEETING OF THE CITY COUNCIL, ON TUESDAY, DECEMBER 8, 2009
I, THE UNDERSIGNED PRESIDENT 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 TUESDAY, DECEMBER 8, 2009 IN THE CITY COUNCIL CHAMBERS, FOURTH FLOOR, CITY HALL, YONKERS, NEW YORK AT 8 P.M. FOR THE FOLLOWING PURPOSE:
TO DISCUSS AND TAKE ACTION ON:
1. A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION AND ENTER INTO AN INTERMUNICIPAL AGREEMENT FOR A HOUSING IMPLEMENTATION FUND GRANT FROM WESTCHESTER COUNTY ON BEHALF OF THE GREYSTON FOUNDATION, INC.
2. A RESOLUTION WAIVING THE RIGHT TO PURCHASE OR REPURCHASE FROM THE COUNTY OF WESTCHESTER PROPERTY ACQUIRED BY THE COUNTY UNDER THE NEW HOMES LAND ACQUISITION.
3. ALL OTHER ITEMS PROPERLY COMING BEFORE THE COUNCIL.
TO DISCUSS AND TAKE ACTION ON:
1. A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION AND ENTER INTO AN INTERMUNICIPAL AGREEMENT FOR A HOUSING IMPLEMENTATION FUND GRANT FROM WESTCHESTER COUNTY ON BEHALF OF THE GREYSTON FOUNDATION, INC.
2. A RESOLUTION WAIVING THE RIGHT TO PURCHASE OR REPURCHASE FROM THE COUNTY OF WESTCHESTER PROPERTY ACQUIRED BY THE COUNTY UNDER THE NEW HOMES LAND ACQUISITION.
3. ALL OTHER ITEMS PROPERLY COMING BEFORE THE COUNCIL.
Real Estate Committee Meeting has been scheduled for Tuesday, December 8, 2009 at 7:00 PM,
Please be advised that a Real Estate Committee Meeting has been scheduled for Tuesday, December 8, 2009 at 7:00 PM, in the Council Chambers, Yonkers City Hall, 4th Floor.
The following items will be on the Agenda:
1. Special Ordinance – granting Con Ed a permit to install 4 feeders and related services in Smart Avenue, Wendover Road, Midland Avenue, Fullerton Avenue, Central Park Avenue South, Central Park Avenue North, Yonkers Avenue and Hall Place, the estimated dimensions are in excess of 100 linear feet in accordance with layout plan CO2-01666-8X.
2. General Ordinance – amending Chapter 66 of the Code of the City of Yonkers known as “Noise” relating to exempting certain noise from commercial and industrial sources in order to facilitate the redevelopment of the City of Yonkers.
3. Resolution of the Yonkers City Council authorizing the issuance of a determination of significance pursuant to the c relating to the amendment of the Noise Code of the City of Yonkers.
4. Determination of proposed Struever Fidelco Cappelli LLC River Park Center and Cacace Center sites as a designated development site in accordance with Section 43-46 of the Zoning Code of the City of Yonkers.
5. Briefing on the SFC Project, Full Tax Agreement (FTA).
6. 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.
The following items will be on the Agenda:
1. Special Ordinance – granting Con Ed a permit to install 4 feeders and related services in Smart Avenue, Wendover Road, Midland Avenue, Fullerton Avenue, Central Park Avenue South, Central Park Avenue North, Yonkers Avenue and Hall Place, the estimated dimensions are in excess of 100 linear feet in accordance with layout plan CO2-01666-8X.
2. General Ordinance – amending Chapter 66 of the Code of the City of Yonkers known as “Noise” relating to exempting certain noise from commercial and industrial sources in order to facilitate the redevelopment of the City of Yonkers.
3. Resolution of the Yonkers City Council authorizing the issuance of a determination of significance pursuant to the c relating to the amendment of the Noise Code of the City of Yonkers.
4. Determination of proposed Struever Fidelco Cappelli LLC River Park Center and Cacace Center sites as a designated development site in accordance with Section 43-46 of the Zoning Code of the City of Yonkers.
5. Briefing on the SFC Project, Full Tax Agreement (FTA).
6. 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.
CITY COUNCIL OF THE CITY OF YONKERS STATED MEETING TUESDAY, DECEMBER 8, 2009
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
Committee of the Whole 7:30 P.M.
Stated Meeting 8:00 P.M.
City Council Chambers
TIME:
PRESENT: PRESIDENT OF THE COUNCIL
CHUCK LESNICK
DISTRICT
2 MAJORITY SANDY ANNABI
4 MINORITY LEADER LIAM J. McLAUGHLIN
COUNCIL MEMBERS:
DISTRICT:
1 PATRICIA D. McDOW
3 JOAN GRONOWSKI
5 JOHN M. MURTAGH
6 DEE BARBATO
Recitation of the Pledge of Allegiance to the Flag followed by a minute of silence
to invoke God’s guidance and Blessing upon our deliberations.
Minutes of the stated meeting held on November 24, approved on motion of
Majority Leader Sandy Annabi.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
2
INDEX
OLD BUSINESS
ITEM DESCRIPTION PAGE
1. GENERAL ORDINANCE – OFF STREET PARKING 7/8
LOADING & RELOADING
NEW BUSINESS
2. GENERAL ORDINANCE – AMENDING CHAPTER 9/10
66 OF CODE (NOISE)
3. GENERAL ORDINANCE – AMENDING ZONING 11/12
CODE (SEX OFFENDER REGISTRY)
4. SPECIAL ORDINANCE – GRANT FROM US DEPT 13
OF ENERGY ($1,823,200)
5. SPECIAL ORDINANCE – GRANT ($15,000.00) FOR 14
ESTAMOS UNIDOS CELEBRATION
6. RES. – NEGATIVE DECLARATION - NOISE 15/16
ORDINANCE
7. RES. – AUTHORIZING MAYOR TO EXECUTE 17
GRANT AGREEMENT US DEPT OF ENERGY
GRANT ($1,823,200)
8. RES. – AUTHORIZING MAYOR TO EXECUTE 18
GRANT AGREEMENT ($15,000) ESTAMOS
UNIDOS CELEBRATION
9. RES. – SETTLEMENT – GARCIA ($1,000.00) 19
10. RES. – SETTLEMENT – VALDEZ ($4,212.00) 20
11. RES. – SETTLEMENT – CAPISTRAN ($25,000.00) 21
12. RES. – ROUND ROBIN – FENWAY SOUTH 22
13. RES. – ECONOMIC DEV. - RIVERVIEW II 23/25
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
3
INDEX (CONTINUED)
ITEM DESCRIPTION PAGE
14. RES. – COMMISSION ON RESPONSIBLE 26/27
DEVELOPMENT
15. RES. – ZONING CODE AMENDMENT 28/31
(HISTORIC OVERLAY ZONE)
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
4
COMMUNICATIONS
FROM THE CITY OF MT. VERNON CITY CLERK: NOTICE OF PUBLIC
HEARING TO BEING HELD BY MT VERNON CITY COUNCIL, WED.
DECEMBER 16, 2009 AT 7:00PM ON PROPOSED TEXT
AMENDMENTS TO THE PLANNED UNIT DEVELOPMENT (PUD-2)
ZONING DISTRICT.
ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
5
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
6
PUBLIC HEARING
A GENERAL ORDINANCE AMENDING SECTION 43-130 OF THE
ZONING CODE OF THE CITY OF YONKERS IN REGARD TO NEW
BUILDING OR STRUCTURES EXEMPT FROM PROVIDING OFF –
STREET PARKING AND LOADING.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
7
OLD BUSINESS
GENERAL ORDINANCE
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A GENERAL ORDINANCE AMENDING SECTION 43-130 OF THE
ZONING CODE OF THE CITY OF YONKERS IN REGARD TO NEW
BUILDINGS OR STRUCTURES EXEMPT FROM PROVIDING OFFSTREET
PARKING AND LOADING.
The City of Yonkers, in City Council convened, does hereby
ordain and enact:
Section 1.Section 43-130 of the Zoning Code of the City of
Yonkers, entitled “New buildings or structures exempt from
providing off-street parking and loading.” is hereby amended, in
part, to read as follows:
“Section 43-130. New buildings or structures exempt from providing
off-street parking and loading.
A. New buildings or structures or enlarged or otherwise altered
buildings or structures in the CB, DW, GC Districts shall be
exempt from providing new or additional off-street parking or
loading spaces until October 6, 2006, provided that no
existing off-street parking or loading spaces provided on the
property shall be eliminated or reduced in number, and
except that the location, size or layout of such existing
spaces may be changed in conjunction with the site plan
review.
B. New Building or structures or enlarged or otherwise altered
building or structures in any historic district, already created
at the time this ordinance becomes effective, in the CB, DW,
GC Districts shall be exempt from providing new or
additional off street parking and loading spaces for nonresidential
uses (except restaurant and eating and drinking
establishments) with less than or equal to 4000 SF per
establishment up to a total of 9000 square feet in total nonresidential
uses per building.”
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
8
GENERAL ORDINANCE (CONTINUED)
Section 4. Chapter 43 Article X of the Zoning Code of the
City of Yonkers entitled “Off-Street Parking and Loading”, is hereby
amended in part by adding a new Section 138 entitled “ Reduced
Parking Requirements for certain Apartment Houses, Live-Work
Buildings, Multifamily Dwelling Units and Multiple-family Dwelling
Units.” which shall read as follows:
“Section 43-138. Reduced Parking Requirements for certain
Apartment Houses and Live-Work Units
Under Section 43-130-B, for new construction of Apartments and
Live-Work Units within one-quarter (1/4) of a mile of an active train
station used for passenger rail-transportation purposes, the
minimum number of required parking spaces shall be one parking
space per apartment or live-work unit.”
Section 5. Chapter 43, Article X of the Zoning Code of the
City of Yonkers is hereby amended in part by adding a new
footnote to be 43-4 Schedule of Parking Requirements to read as
follows:
“Note: Under Section 43-130- B, when an apartment unit or a livework
unit is within one quarter (1/4) mile of an active passenger
train station Section 43-138 shall apply.”
Section 6. This Ordinance shall take effect immediately
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
9
NEW BUSINESS
GENERAL ORDINANCE
2. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A GENERAL ORDINANCE AMENDING CHAPTER 66 OF THE CODE OF
THE CITY OF YONKERS KNOWN AS “NOISE” RELATING TO
EXEMPTING CERTAIN NOISE FROM COMMERCIAL AND INDUSTRIAL
SOURCES IN ORDER TO FACILITATE THE REDEVELOPMENT OF
THE CITY OF YONKERS.
Be it ordained by the City Council of the City of Yonkers, as follows:
Section 1. Chapter 66 of the Code of the City of Yonkers entitled
“Noise” is hereby amended, in part, by amending the current Section 66-6
thereof entitled “Exemptions” by adding thereto a new Sub-Section K
thereof, to read as follows:
“ §66-6. Exemptions.
The following sounds are exempted from the restrictions of
this chapter:
K. The sounds in excess of 50 dBA as measured at a
residential property, where such sounds are generated from an
industrial or commercial facility described in section K(1) provided
further that the sound level from such facility does not increase
beyond the sound level from the facility’s normal overall operations
as of the effective date of this amendment. :
(1) an industrial or commercial facility that does not meet the noise
standards of section 66-5(E) or 66-5(F) of Chapter 66 of the Code
due to the introduction of a residential use on an adjacent or nearby
property due to a rezoning, a new land use, or a new occupancy in
an otherwise existing building, where such new residential use
begins on or after the effective date of this amendment provided
that this exemption applies solely with respect to such new
residential use.”
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
10
GENERAL ORDINANCE (CONTINUED)
Section 2. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
11
GENERAL ORDINANCE
3. BY MINORITY LEADER McLAUGHLIN, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A GENERAL ORDINANCE AMENDING SECTION43-34 OF THE
ZONING CODE OF THE CITY OF YONKERS IN REGARD TO
REGISTERED SEX OFFENDERS IN CERTAIN SECTIONS OF THE
CITY.
The City of Yonkers, in City Council convened, does hereby ordain
and enact:
Section 1.Section 43-34 of the Zoning Code of the City of Yonkers
entitled “Supplemental regulations for certain residential uses.’ is hereby
amended, in part by adding a new subdivision “H” entitled “Registered sex
offenders” to read as follows:
“Section 43-34. Supplemental regulations for certain residential
uses.
H. Legislative Intent.
The City Council of the City of Yonkers hereby intends to exercise
its powers to protect the health and safety of its residents, and in particular
its youngest and most vulnerable residents, from the increasing number of
registered sex offenders who are released into the community.
The City Council is especially concerned with individuals who have
been categorized as Sex Offenders who are considered by State
authorities to be at risk of committing another sexual crime.
Based on the State’s own assessment of such individuals, the City
Council does hereby find that Level I, Level II and Level III Sex Offenders
may constitute a threat to public safety and therefore enacts the
restrictions contained herein to safeguard the citizens of Yonkers to
restrict the residency of individuals who are known to pose a threat to
public safety.
Section 1. Residency where prohibited. Except as may be provided in the
Corrections Law, registered Level II and Level III Sex Offenders are
hereby prohibited from residing within a radius of one half mile from any
entrance to a public or private school day care center park or playground
or within such premises.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
12
GENERAL ORDINANCE (CONTINUED)
Section 2. The Commissioner of Buildings and Housing may coordinate
the enforcement of this law with the Commissioner of Police.
Section 3. This law will not apply to a person
a. required to serve a sentence at a jail, prison, juvenile facility or
other correctional institution or facility; or
subject to an order of civil or criminal commitment under state law;
or
b. who is a minor or a ward under a guardianship.
Section 4. This law will also not apply to any registered Sex Offender living
in the City of Yonkers prior to December 8, 2009, unless said person
relocates.
Section 5. Any person violating the provisions of this section, 43-34 H,
shall, upon conviction thereof, be deemed guilty of a misdemeanor and
shall be punished by a fine of not less than one thousand dollars ($1000.)
nor more than ten thousand dollars ($10,000.) or by a term of not more
than one (1) year, or by both such fine and imprisonment.”
Section 2. The City Clerk, in coordination with the Commissioner of
Police and appropriate State agencies, shall cause notification of such
prohibition to be delivered in writing to each and every registered Sex
Offender residing within the City of Yonkers as well as those residing
within Westchester County, with a copy of such notice to the Yonkers
Police Department, the New York State Division of Parole and the
Westchester County Department of Probation as well as to any other such
public agency as the City Clerk , in his or her judgment, shall determine
has an interest in such notification.
.
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
13
SPECIAL ORDINANCE
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the
Planning and Development Department. To perform energy audits of City
facilities and replacement windows at City Hall as well as retrofit lighting
for the Performing Arts Center at Sarah Lawrence College.
Increase Estimated Revenues
U.S. Dept. of Energy 049-G12-1609-3130 $1,823,200
Increase Appropriation
Professional Fees 049-G12-1609-0413 $163,200
Special Projects 049-G12-1609-0496 $1,660,000
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
14
SPECIAL ORDINANCE
5. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS
GRANTS BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the Parks
Department for a grant from Andrea Stewart Cousins, NYS Senate
relating to the Estamos Unidos Activities.
Increase Estimated Revenues
Legislative Member Item 049-G18-8053-7432 $15,000.00
Increase Appropriation
Parks Dept. – Special Projects 049-G18-8053-0496 $15,000.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
15
RESOLUTION
6. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLUTION OF THE YONKERS CITY COUNCILAUTHORIZING THE
ISSUANCE OF A DETERMINATION OF SIGNIFICANCE PURSUANT TO
THE STATE ENVIRONMENTAL QUALITY REVIEW ACT RELATING TO
THE AMENDMENT OF THE NOISE CODE OF THE CITY OF YONKERS.
WHEREAS, there is pending before the Yonkers City Council an
ordinance for the amendment of the Noise Code of the City of Yonkers,
more specifically, the addition of a new §66-6(K), to exempt certain preexisting
industrial or commercial noise levels, where the introduction of a
new residential use would otherwise render such pre-existing noise level
in a violation of §§66-5(E) or 66-5(F) of the Noise Code (the "Proposed
Action"); and
WHEREAS, the City Council has determined that the Proposed
Action is an "Unlisted" Action under §617.2 (ak) of the State
Environmental Quality Review Act ("SEQRA"), thus requiring the City
Council to comply with the regulations promulgated pursuant to SEQRA;
and
WHEREAS, a Short Environmental Assessment Form ("EAF") has
been prepared to assist the City Council in complying with its
responsibilities under SEQRA in connection with the Proposed Action; and
WHEREAS, the City Council has carefully considered the Proposed
Action and has reviewed the EAF and the criteria set forth in Section
617.7 of 6 N.Y.C.R.R. Part 617 of the SEQRA regulations and has
identified and carefully considered the relevant areas of environmental
concern as are fully set forth in the EAF to determine if the Proposed
Action will have a significant adverse impact upon the environment; and
NOW THEREFORE, BE IT RESOLVED by the Yonkers City
Council that, based upon its review of the EAF and for the reasons set
forth therein, it is determined that the Proposed Action will not cause any
significant adverse impact on the environment; and,
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
16
RESOLUTION (CONTINUED)
BE IT FURTHER RESOLVED, that the Council President is
authorized and directed to sign the Determination of Significance on the
Environmental Assessment Form, on behalf of the City Council pursuant
to Article 8 of the Environmental Conservation Law, indicating that the
Proposed Action will not result in any significant adverse impact on the
environment, and to immediately transmit same to be filed and made
available pursuant to the requirements of 6 N.Y.C.R.R. Part 617; and
BE IT FURTHER RESOLVED, that this Resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
17
RESOLUTION
7. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the Planning Department of the City of Yonkers has
been awarded a $1,823,200 grant from the United States Department of
Energy for the purposes of energy efficiency and conservation; and
WHEREAS, the grant will provide for energy audits of the facilities
of the City of Yonkers, as well as window replacements in City Hall and
lighting retrofits for the Performing Arts Center at Sarah Lawrence
College; and
WHEREAS, the grant is for a two year period, being from
September 30, 2009 until September 29, 2012 and such funding does not
require a cash match from the City of Yonkers; and
WHEREAS, the Mayor of the City of Yonkers, or his designee, is
hereby authorized to execute such agreement with the United States
Department of Energy and receive such award in order to provide such
funds to the Planning Department of the City of Yonkers;
NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City
of Yonkers is hereby authorized to execute the grant agreement with the
United States Department of Energy in order to implement the program
and receive the award; and be it further
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
18
RESOLUTION
8. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the Yonkers Department of Parks, Recreation and
Conservation has been awarded a $15,000 Legislative Grant from the
State of New York to fund the Estamos Unidos Celebration Activities for
the fiscal year of 2009-2010, through the efforts of State Senator Andrea
Stewart Cousins; and
WHEREAS, there are no matching funds required from the City of
Yonkers; and
NOW, THEREFORE, BE IT RESOLVED, by the Yonkers City
Council, that it does hereby endorse and approve the application and
award for a $15,000 Legislative Grant in support of the Estamos Unidos
Celebration Activities, and be it further,
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
19
RESOLUTION
9. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
ONE THOUSAND DOLLARS ($1,000.00) of the claim entitled, "In the
Matter of the Claim MARIA A. GARCIA, (residing at 35 Hawthorne
Avenue 2, Yonkers, New York 10701) Claimant against THE CITY OF
YONKERS, Respondent", for property damage arising out of an alleged
accident on July 22, 2009, alleging that her vehicle was struck by a City of
Yonkers police vehicle be and the same hereby is approved and the
Comptroller of the City of Yonkers is directed to draw his warrant in the
amount of ONE THOUSAND DOLLARS ($1,000.00) in favor of said
claimant.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
20
RESOLUTION
10. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
Four Thousand Two Hundred and Twelve ($4,212.00) of the action
entitled, “Johanna Valdez, (residing at 76 Saratoga Avenue, 2nd Floor,
Yonkers, New York, 10705), Plaintiff against THE CITY OF YONKERS,
Defendant", for property damage arising out of a motor vehicle accident on
January 29, 2009 in the parking lot of 61 South Broadway, in Yonkers,
New York, be and the same hereby is approved and the Comptroller of the
City of Yonkers is directed to draw his warrant in the amount of Four
Thousand Two Hundred and Twelve Dollars ($4,212.00) in favor of said
plaintiff.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
21
RESOLUTION
11. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) of the
action entitled, "DIEGO CAPISTRAN, an infant by his father and natural
guardian, RUBEN CAPISTRAN, and RUBEN CAPISTRAN, individually
(residing at 150 Park Avenue, Yonkers, New York 10703), Plaintiffs,
against THE BOARD OF EDUCATION OF THE CITY OF YONKERS and
THE CITY OF YONKERS, Defendants", for personal injuries and medical
expenses arising out of an incident on June 22, 2007 wherein it is alleged
that the infant plaintiff was injured when he slipped in the playground at
Museum School 25 and his left leg went under the unsecured, rusty, sharp
bottom edge of the fabric of the chain link fence in that playground at
Museum School #25 in the City of Yonkers, be and the same hereby is
approved and the Comptroller of the City of Yonkers is directed to draw
his warrant in the amount of TWENTY-FIVE THOUSAND AND 00/100
DOLLARS ($25,000.00) in favor of said plaintiffs and their attorneys,
Andrea & Towsky, Esqs., pursuant to the terms of the Infant’s
Compromise Order dated November 9, 2009 of the honorable William J.
Giacomo, Justice of the Supreme Court.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
22
RESOLUTION
12. BY MINORITY LEADER McLAUGHLIN, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, a number of residents of the area near Fenway South
have requested the City declare the existing portion of Fenway South,
between West Delano Avenue and Parkway North to be a public street;
and
WHEREAS, the City Council of the City of Yonkers hereby
authorizes the commencement of a “Round Robin” to initiate the process
where information is gathered by various City departments to determine
the proper conclusion for such request; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby authorizes the City Clerk to institute a Round
Robin to determine if it would be in the best interests of the City of
Yonkers to declare the existing portion of Fenway South between West
Delano Avenue and Parkway North to be a public street; and
BE IT FURTHER RESOLVED, that this resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
23
RESOLUTION
13. BY COUNCILMEMBER McDOW; COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHIN,
COUNCILMEMBERS GRONOWSKI, MURTAGH AND BARBATO:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YONKERS
AUTHORIZING THE YONKERS ECONOMIC DEVELOPMENT
CORPORATION TO PROVIDE FINANCIAL ASSISTANCE TO THE
RIVERVIEW II, LP
WHEREAS, the City of Yonkers (the “City”) is tasked with the
responsibility and burden to promote the health, safety and general
welfare of the residents of the City by and among other things preventing
unemployment and economic deterioration including by increasing and
maintaining employment opportunities and attracting and sustaining
economically sound commerce;
WHEREAS, in furtherance of its public purposes, the City has
supported the provision of taxable and tax-exempt financing by the City of
Yonkers Industrial Development Agency (the “Agency”) and of certain
other financial incentives to for-profit entities and not-for-profit corporations
to promote the creation and preservation of employment opportunities for
residents of the City and development of economically sound commerce
consistent with the City’s burdens and responsibilities as expressed
above;
WHEREAS, there are occasions where financial assistance cannot
be provided by the Agency and/or will be delivered in a more cost effective
form through a not for profit corporation recognized by the City;
WHEREAS, the Yonkers Economic Development Corporation (the
“Corporation” or “YEDC”), was formed on May 30, 2007 as a not-for-profit,
local development corporation (“LDC”) pursuant to Section 1411 of the
Not-for-Profit Corporation Law (the “N-PCL”) of the State of New York (the
“LDC Act”) and its Certificate of Incorporation of the Corporation, as filed
by the Department of State May 31, 2007 (the “Certificate of
Incorporation”), for the purposes described in N-PCL Section 1411 and is
anticipated to provide financial assistance to the SFC Yonkers Project
where financial assistance cannot be provided by the Agency and/or will
be delivered in a more cost effective form through the Corporation;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
24
RESOLUTION (CONTINUED)
WHEREAS, like the SFC Yonkers Project, there are portions or
whole projects that may be unable to access financial assistance through
the Agency and/or the financial assistance can be delivered in a more cost
effective form through the YEDC;
WHEREAS, Riverview II Preservation, LP originally had the Agency
issue $28,596,156 Multi-Family Housing Revenue Bonds (Riverview II
Preservation, LP Project), Series 2007 and now desires to refund said
bonds through a bond issuance by YEDC such that the project has access
to this form of financial assistance in the most cost effective manner;
WHEREAS, the Certificate of Incorporation and Bylaws of the
YEDC are presented to this meeting in the form attached; and
WHEREAS, to accomplish its job creation and other economic
development responsibilities and to relieve the governmental burdens
related to same, and to facilitate the ability of for-profit entities and not-forprofit
corporations to access capital for projects that enhance, create and
preserve employment opportunities for residents of the City, the City
desires to task the YEDC with such burdens and responsibilities and
authorize the YEDC to issue bonds on behalf of the City for such purposes
and to work cooperatively with the Agency to achieve such public
purposes; PROVIDED IN NO EVENT SHALL THE DEBTS OF THE YEDC
BE A DEBT OF THE CITY; and
NOW, THEREFORE, BE IT RESOLVED, that the City approves the
Certificate of Incorporation and the Bylaws; and be it
FURTHER RESOLVED, the City hereby designates the YEDC as
and on behalf of issuer of the City for the purpose of issuing bonds to
assist the Riverview II Preservation LP sole Project with the authority to
exercise on the City’s behalf all lawful powers as may be deemed
necessary to accomplish its public purposes including to enhance, create
and preserve employment opportunities for residents of the City, which
such powers shall include, but not be limited to, those powers described in
N-PCL Section 1411 and the Corporation’s Certificate of Incorporation,
with the power to issue tax-exempt and taxable bonds, notes, or other
obligations in furtherance of the Corporation’s purposes, provided
however that any obligations issued by the YEDC shall never be a debt of
the State of New York, the City or any political subdivision thereof and
neither the State of New York, the City or any political subdivision thereof
shall be liable thereon; and be it
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
25
RESOLUTION (CONTINUED)
FURTHER RESOLVED, that this resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
26
RESOLUTION
14. BY COUNCILMEMBER McDOW, COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS, GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the City of Yonkers facilitates Economic Development
through its Office of Economic Development, Empire Zone Office,
Empowerment Zone, Community Development Agency, Industrial
Development Agency, Parking Authority and other entities; and
WHEREAS developers of commercial, residential and mixed use
projects, frequently seek approval from the City Council, the Planning
Board, the Zoning Board of Appeals, the Landmarks Board, or other
bodies; and
WHEREAS, during the approval process developers frequently
make promises to the community and the approving entities as to the
physical, social and economic aspects of the proposed projects including,
but not limited to, women and minority enterprises, Yonkers First
Source Hiring Program, affordable housing, energy conservation, historic
preservation, and other community benefits; and
WHEREAS, the City Council of Yonkers deems it essential that a
Yonkers Commission on Responsible Development be established for
the purpose of ensuring that development is beneficial to the City of
Yonkers, developers are accountable to the City; and that that the
residents and City Council are kept informed on the progress of the project
development.
BE IT RESOLVED, that the City Council creates the Commission
on Responsible Development whose purpose is to track the process of
economic development projects and written promises made to the
community and the City during the approval process.
BE IT ALSO RESOLVED, that the Commission on Responsible
Development will be comprised of the following nine (9) members: one (1)
representative from the Inspector General’s office; one (1) representative
from the Commission on Human Rights.; and seven (7) Community
Members (appointed by the City Council).
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
27
RESOLUTION (CONTINUED)
BE IT FURTHER RESOLVED, that the terms for each member
shall be as follows:
1) The slots designated for the Inspector General’s office and the
Commission on Human Rights shall be permanent positions without a
specific term.
2) The slots designated for the seven (7) members appointed by the City
Council shall be for three years in duration.
A. However, that of the members first appointed, four (4), who are
appointed by Council members from districts one, three and five, shall
be appointed for a period of three (3) years, and three (3), who are
appointed by Council members from districts two, four, and six and the
council president shall be appointed for a period of two (2) years.
B. Any member chosen to fill a vacancy occurring, otherwise then by
expiration of term, shall be appointed for the unexpired term of the
member whom he or she is to succeed.
3) The Chairperson and the Vice Chairperson of the Commission shall be
nominated by the commission and confirmed by the City Council and
the terms of office of each shall be for a period of three (3) years.
BE IT FURTHER RESOLVED, the Commission on Responsible
Development shall submit a bi-annual report to the City Council of
Yonkers during the first three (3) years of the project development, then
an annual report at the close each fiscal year thereafter until the project
ends; or as requested by the City Council of Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
28
RESOLUTION
15. BY COUNCILMEMBERS MURTAGH AND BARBATO, COUNCIL
PRESIDENT LESNICK, MAJORITY LEADER ANNABI, MINORITY
LEADER McLAUGHLIN, COUNCILMEMBERS McDOW AND
GRONOWSKI,
A RESOLUTION AMENDING THE ZONING CODE OF THE CITY OF
YONKERS (CH. 43 OF THE CODE OF THE CITY OF YONKERS) TO
CREATE A NEW HISTORIC OVERLAY ZONE
43. HISTORIC OVERLAY ZONES
1. Purpose
It is the intent and purpose of an Historic Overlay Zone to encourage and
promote the educational, cultural, and economic welfare of the citizens of
the City of Yonkers by preserving and protecting historic structures, sites,
monuments, streets, areas and neighborhoods which serve as visible
reminders of the history and cultural heritage of the community.
Furthermore, it is the purpose of such zones to strengthen the economy of
the community. Furthermore, it is the purpose of this district to strengthen
the economy of the City by stabilizing and improving property values in
historic areas, and to encourage construction and development that will be
harmonious with existing historic structures and areas.
An Historic Preservation Overlay Zone shall operate in conjunction with
any other zoning district over which it is imposed, and such areas may be
used as permitted by the underlying zoning districts except as may be
specifically restricted by this section. Where the regulations and
permitted/conditional uses of a zoning district conflict with those of the
Overlay Zone, the more restrictive standards apply.
2. Imposing or Extending an Historic Overlay Zone
An Historic Overlay Zone shall be imposed or extended in a manner
similar to other zoning changes, except that a public hearing shall be
conducted by the Landmarks Preservation Board, and a recommendation
by that Board shall be made to the Yonkers City Council. The public
hearing shall be advertised in a newspaper of general circulation in the
City of Yonkers, for a period of not less than fifteen (15) days prior to the
hearing date.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
29
RESOLUTION (CONTINUED)
3. Jurisdiction of the Landmarks Preservation Board
The City of Yonkers Landmarks Preservation Board (the “Board”) shall be
responsible for the preservation and protection of historically and
architecturally significant structures, and to preserve the cultural and
historical heritage of the City within the designated Historic Overlay Zones.
4. Exterior Alterations of Historic Structures and Sites
In order to protect and preserve the distinctive characteristics of historic
buildings within an Historic Overlay Zone, all exterior alterations and
additions to designated City of Yonkers Landmark structures and districts
shall remain subject to review and approval by the Board in accordance
with the provisions of this Code with regard to Landmarks preservation
and demolition.
5. Demolition and Moving of Historic Structures
In order to ensure that historical and culturally distinctive structures are
moved or destroyed only after all other alternatives have been considered,
all moving and demolition permits for historic structures in this overlay
district shall be approved in accordance with the provisions of this Code
with regard to Landmarks designation and demolition.
6. Non-Historic Existing Structures
Structures which are not designated City of Yonkers landmarks
themselves or are not within a designated Historic District, but are located
within an historic overlay zone can and often do have a significant impact
upon surrounding historic structures and sites. Therefore, in order to
preserve the historic character of the district, all exterior alterations and
additions to such structures and sites shall be subject to review and
approval by the Board. Review is not required for repair, maintenance,
and replacement with comparable materials.
In its review of alterations or additions to existing non-historic structures
the Board’s review and approval shall be limited to consideration of
whether the proposed alteration will or will not further deviate from the
historical character, appearance, or material composition than its current
state.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
30
RESOLUTION (CONTINUED)
7. New construction
It is just as vital, than any development and construction of new structures
within historic overlay zones be compatible with the historic character of
the area. Therefore, building permits for such structures located within
historic overlay districts shall be subject to review and approval by the
Board.
In its review of proposed new construction the Board’s review and
approval shall be limited to consideration of whether or not the materials
and design of proposed new construction will or will not conflict with or
detract from nearby historic structures or the district as a whole.
8. Procedures
A special historic overlay zone application for new construction,
alterations, moving or demolition shall be prepared for use by the Office of
the Corporation Counsel in cooperation with the Buildings Department and
the Landmarks Preservation Board.
Such application will, thereafter be required to be submitted to the Building
Department along with the required building permit application in
connection with any property within an Historic Overlay District.
Applications shall be reviewed by the City Planning Staff, and a staff
recommendation issued to the Board. (Applications must be submitted no
less than thirty (30) days prior to the regularly scheduled Board meeting in
order to be placed on the agenda). Incomplete applications may be
returned, or may require additional information.
At a minimum, the historic preservation overlay district application shall
include:
A. A description of the location of the property, address, tax parcel
numbers, and site of proposed work.
B. A detailed site plan showing the location of the structure on the site,
setback dimensions, the location of driveways, streets and
alleyways, landscape areas, and the general location of structures
on adjacent lots. Photographs may be used in addition to the site
plan.
C. A description of the proposed construction or alteration detailing the
objectives of the work, listing the proposed changes as well as the
materials and design (wood, brick, stucco, paint color, lighting etc.)
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
31
RESOLUTION (CONTINUED)
D. A summary of the history of the structure in question including but
not limited to its age, architectural style, chain of title and any other
information bearing upon its historic or architectural significance.
Upon receipt of an application, the Board may request that a public
hearing be conducted prior to rendering a decision on the application. The
public hearing may be held in conjunction with the next scheduled meeting
of the board or scheduled separately. In either case, notice of the hearing
must be given in a newspaper of general circulation in the city, at least
fifteen (15) days in advance of the hearing.
9. Design Standards
The Board shall construct and maintain a set of specific design standards
for each individual Historic Preservation Overlay Zone. Such standards
shall be presented to the Yonkers City Council for adoption by ordinance.
The design standards should be tailored to reflect the historic character of
each individual overlay district.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
32
COMMITTEE REPORTS
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
Committee of the Whole 7:30 P.M.
Stated Meeting 8:00 P.M.
City Council Chambers
TIME:
PRESENT: PRESIDENT OF THE COUNCIL
CHUCK LESNICK
DISTRICT
2 MAJORITY SANDY ANNABI
4 MINORITY LEADER LIAM J. McLAUGHLIN
COUNCIL MEMBERS:
DISTRICT:
1 PATRICIA D. McDOW
3 JOAN GRONOWSKI
5 JOHN M. MURTAGH
6 DEE BARBATO
Recitation of the Pledge of Allegiance to the Flag followed by a minute of silence
to invoke God’s guidance and Blessing upon our deliberations.
Minutes of the stated meeting held on November 24, approved on motion of
Majority Leader Sandy Annabi.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
2
INDEX
OLD BUSINESS
ITEM DESCRIPTION PAGE
1. GENERAL ORDINANCE – OFF STREET PARKING 7/8
LOADING & RELOADING
NEW BUSINESS
2. GENERAL ORDINANCE – AMENDING CHAPTER 9/10
66 OF CODE (NOISE)
3. GENERAL ORDINANCE – AMENDING ZONING 11/12
CODE (SEX OFFENDER REGISTRY)
4. SPECIAL ORDINANCE – GRANT FROM US DEPT 13
OF ENERGY ($1,823,200)
5. SPECIAL ORDINANCE – GRANT ($15,000.00) FOR 14
ESTAMOS UNIDOS CELEBRATION
6. RES. – NEGATIVE DECLARATION - NOISE 15/16
ORDINANCE
7. RES. – AUTHORIZING MAYOR TO EXECUTE 17
GRANT AGREEMENT US DEPT OF ENERGY
GRANT ($1,823,200)
8. RES. – AUTHORIZING MAYOR TO EXECUTE 18
GRANT AGREEMENT ($15,000) ESTAMOS
UNIDOS CELEBRATION
9. RES. – SETTLEMENT – GARCIA ($1,000.00) 19
10. RES. – SETTLEMENT – VALDEZ ($4,212.00) 20
11. RES. – SETTLEMENT – CAPISTRAN ($25,000.00) 21
12. RES. – ROUND ROBIN – FENWAY SOUTH 22
13. RES. – ECONOMIC DEV. - RIVERVIEW II 23/25
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
3
INDEX (CONTINUED)
ITEM DESCRIPTION PAGE
14. RES. – COMMISSION ON RESPONSIBLE 26/27
DEVELOPMENT
15. RES. – ZONING CODE AMENDMENT 28/31
(HISTORIC OVERLAY ZONE)
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
4
COMMUNICATIONS
FROM THE CITY OF MT. VERNON CITY CLERK: NOTICE OF PUBLIC
HEARING TO BEING HELD BY MT VERNON CITY COUNCIL, WED.
DECEMBER 16, 2009 AT 7:00PM ON PROPOSED TEXT
AMENDMENTS TO THE PLANNED UNIT DEVELOPMENT (PUD-2)
ZONING DISTRICT.
ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
5
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
6
PUBLIC HEARING
A GENERAL ORDINANCE AMENDING SECTION 43-130 OF THE
ZONING CODE OF THE CITY OF YONKERS IN REGARD TO NEW
BUILDING OR STRUCTURES EXEMPT FROM PROVIDING OFF –
STREET PARKING AND LOADING.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
7
OLD BUSINESS
GENERAL ORDINANCE
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A GENERAL ORDINANCE AMENDING SECTION 43-130 OF THE
ZONING CODE OF THE CITY OF YONKERS IN REGARD TO NEW
BUILDINGS OR STRUCTURES EXEMPT FROM PROVIDING OFFSTREET
PARKING AND LOADING.
The City of Yonkers, in City Council convened, does hereby
ordain and enact:
Section 1.Section 43-130 of the Zoning Code of the City of
Yonkers, entitled “New buildings or structures exempt from
providing off-street parking and loading.” is hereby amended, in
part, to read as follows:
“Section 43-130. New buildings or structures exempt from providing
off-street parking and loading.
A. New buildings or structures or enlarged or otherwise altered
buildings or structures in the CB, DW, GC Districts shall be
exempt from providing new or additional off-street parking or
loading spaces until October 6, 2006, provided that no
existing off-street parking or loading spaces provided on the
property shall be eliminated or reduced in number, and
except that the location, size or layout of such existing
spaces may be changed in conjunction with the site plan
review.
B. New Building or structures or enlarged or otherwise altered
building or structures in any historic district, already created
at the time this ordinance becomes effective, in the CB, DW,
GC Districts shall be exempt from providing new or
additional off street parking and loading spaces for nonresidential
uses (except restaurant and eating and drinking
establishments) with less than or equal to 4000 SF per
establishment up to a total of 9000 square feet in total nonresidential
uses per building.”
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
8
GENERAL ORDINANCE (CONTINUED)
Section 4. Chapter 43 Article X of the Zoning Code of the
City of Yonkers entitled “Off-Street Parking and Loading”, is hereby
amended in part by adding a new Section 138 entitled “ Reduced
Parking Requirements for certain Apartment Houses, Live-Work
Buildings, Multifamily Dwelling Units and Multiple-family Dwelling
Units.” which shall read as follows:
“Section 43-138. Reduced Parking Requirements for certain
Apartment Houses and Live-Work Units
Under Section 43-130-B, for new construction of Apartments and
Live-Work Units within one-quarter (1/4) of a mile of an active train
station used for passenger rail-transportation purposes, the
minimum number of required parking spaces shall be one parking
space per apartment or live-work unit.”
Section 5. Chapter 43, Article X of the Zoning Code of the
City of Yonkers is hereby amended in part by adding a new
footnote to be 43-4 Schedule of Parking Requirements to read as
follows:
“Note: Under Section 43-130- B, when an apartment unit or a livework
unit is within one quarter (1/4) mile of an active passenger
train station Section 43-138 shall apply.”
Section 6. This Ordinance shall take effect immediately
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
9
NEW BUSINESS
GENERAL ORDINANCE
2. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A GENERAL ORDINANCE AMENDING CHAPTER 66 OF THE CODE OF
THE CITY OF YONKERS KNOWN AS “NOISE” RELATING TO
EXEMPTING CERTAIN NOISE FROM COMMERCIAL AND INDUSTRIAL
SOURCES IN ORDER TO FACILITATE THE REDEVELOPMENT OF
THE CITY OF YONKERS.
Be it ordained by the City Council of the City of Yonkers, as follows:
Section 1. Chapter 66 of the Code of the City of Yonkers entitled
“Noise” is hereby amended, in part, by amending the current Section 66-6
thereof entitled “Exemptions” by adding thereto a new Sub-Section K
thereof, to read as follows:
“ §66-6. Exemptions.
The following sounds are exempted from the restrictions of
this chapter:
K. The sounds in excess of 50 dBA as measured at a
residential property, where such sounds are generated from an
industrial or commercial facility described in section K(1) provided
further that the sound level from such facility does not increase
beyond the sound level from the facility’s normal overall operations
as of the effective date of this amendment. :
(1) an industrial or commercial facility that does not meet the noise
standards of section 66-5(E) or 66-5(F) of Chapter 66 of the Code
due to the introduction of a residential use on an adjacent or nearby
property due to a rezoning, a new land use, or a new occupancy in
an otherwise existing building, where such new residential use
begins on or after the effective date of this amendment provided
that this exemption applies solely with respect to such new
residential use.”
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
10
GENERAL ORDINANCE (CONTINUED)
Section 2. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
11
GENERAL ORDINANCE
3. BY MINORITY LEADER McLAUGHLIN, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A GENERAL ORDINANCE AMENDING SECTION43-34 OF THE
ZONING CODE OF THE CITY OF YONKERS IN REGARD TO
REGISTERED SEX OFFENDERS IN CERTAIN SECTIONS OF THE
CITY.
The City of Yonkers, in City Council convened, does hereby ordain
and enact:
Section 1.Section 43-34 of the Zoning Code of the City of Yonkers
entitled “Supplemental regulations for certain residential uses.’ is hereby
amended, in part by adding a new subdivision “H” entitled “Registered sex
offenders” to read as follows:
“Section 43-34. Supplemental regulations for certain residential
uses.
H. Legislative Intent.
The City Council of the City of Yonkers hereby intends to exercise
its powers to protect the health and safety of its residents, and in particular
its youngest and most vulnerable residents, from the increasing number of
registered sex offenders who are released into the community.
The City Council is especially concerned with individuals who have
been categorized as Sex Offenders who are considered by State
authorities to be at risk of committing another sexual crime.
Based on the State’s own assessment of such individuals, the City
Council does hereby find that Level I, Level II and Level III Sex Offenders
may constitute a threat to public safety and therefore enacts the
restrictions contained herein to safeguard the citizens of Yonkers to
restrict the residency of individuals who are known to pose a threat to
public safety.
Section 1. Residency where prohibited. Except as may be provided in the
Corrections Law, registered Level II and Level III Sex Offenders are
hereby prohibited from residing within a radius of one half mile from any
entrance to a public or private school day care center park or playground
or within such premises.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
12
GENERAL ORDINANCE (CONTINUED)
Section 2. The Commissioner of Buildings and Housing may coordinate
the enforcement of this law with the Commissioner of Police.
Section 3. This law will not apply to a person
a. required to serve a sentence at a jail, prison, juvenile facility or
other correctional institution or facility; or
subject to an order of civil or criminal commitment under state law;
or
b. who is a minor or a ward under a guardianship.
Section 4. This law will also not apply to any registered Sex Offender living
in the City of Yonkers prior to December 8, 2009, unless said person
relocates.
Section 5. Any person violating the provisions of this section, 43-34 H,
shall, upon conviction thereof, be deemed guilty of a misdemeanor and
shall be punished by a fine of not less than one thousand dollars ($1000.)
nor more than ten thousand dollars ($10,000.) or by a term of not more
than one (1) year, or by both such fine and imprisonment.”
Section 2. The City Clerk, in coordination with the Commissioner of
Police and appropriate State agencies, shall cause notification of such
prohibition to be delivered in writing to each and every registered Sex
Offender residing within the City of Yonkers as well as those residing
within Westchester County, with a copy of such notice to the Yonkers
Police Department, the New York State Division of Parole and the
Westchester County Department of Probation as well as to any other such
public agency as the City Clerk , in his or her judgment, shall determine
has an interest in such notification.
.
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
13
SPECIAL ORDINANCE
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the
Planning and Development Department. To perform energy audits of City
facilities and replacement windows at City Hall as well as retrofit lighting
for the Performing Arts Center at Sarah Lawrence College.
Increase Estimated Revenues
U.S. Dept. of Energy 049-G12-1609-3130 $1,823,200
Increase Appropriation
Professional Fees 049-G12-1609-0413 $163,200
Special Projects 049-G12-1609-0496 $1,660,000
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
14
SPECIAL ORDINANCE
5. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS
GRANTS BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the Parks
Department for a grant from Andrea Stewart Cousins, NYS Senate
relating to the Estamos Unidos Activities.
Increase Estimated Revenues
Legislative Member Item 049-G18-8053-7432 $15,000.00
Increase Appropriation
Parks Dept. – Special Projects 049-G18-8053-0496 $15,000.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
15
RESOLUTION
6. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLUTION OF THE YONKERS CITY COUNCILAUTHORIZING THE
ISSUANCE OF A DETERMINATION OF SIGNIFICANCE PURSUANT TO
THE STATE ENVIRONMENTAL QUALITY REVIEW ACT RELATING TO
THE AMENDMENT OF THE NOISE CODE OF THE CITY OF YONKERS.
WHEREAS, there is pending before the Yonkers City Council an
ordinance for the amendment of the Noise Code of the City of Yonkers,
more specifically, the addition of a new §66-6(K), to exempt certain preexisting
industrial or commercial noise levels, where the introduction of a
new residential use would otherwise render such pre-existing noise level
in a violation of §§66-5(E) or 66-5(F) of the Noise Code (the "Proposed
Action"); and
WHEREAS, the City Council has determined that the Proposed
Action is an "Unlisted" Action under §617.2 (ak) of the State
Environmental Quality Review Act ("SEQRA"), thus requiring the City
Council to comply with the regulations promulgated pursuant to SEQRA;
and
WHEREAS, a Short Environmental Assessment Form ("EAF") has
been prepared to assist the City Council in complying with its
responsibilities under SEQRA in connection with the Proposed Action; and
WHEREAS, the City Council has carefully considered the Proposed
Action and has reviewed the EAF and the criteria set forth in Section
617.7 of 6 N.Y.C.R.R. Part 617 of the SEQRA regulations and has
identified and carefully considered the relevant areas of environmental
concern as are fully set forth in the EAF to determine if the Proposed
Action will have a significant adverse impact upon the environment; and
NOW THEREFORE, BE IT RESOLVED by the Yonkers City
Council that, based upon its review of the EAF and for the reasons set
forth therein, it is determined that the Proposed Action will not cause any
significant adverse impact on the environment; and,
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
16
RESOLUTION (CONTINUED)
BE IT FURTHER RESOLVED, that the Council President is
authorized and directed to sign the Determination of Significance on the
Environmental Assessment Form, on behalf of the City Council pursuant
to Article 8 of the Environmental Conservation Law, indicating that the
Proposed Action will not result in any significant adverse impact on the
environment, and to immediately transmit same to be filed and made
available pursuant to the requirements of 6 N.Y.C.R.R. Part 617; and
BE IT FURTHER RESOLVED, that this Resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
17
RESOLUTION
7. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the Planning Department of the City of Yonkers has
been awarded a $1,823,200 grant from the United States Department of
Energy for the purposes of energy efficiency and conservation; and
WHEREAS, the grant will provide for energy audits of the facilities
of the City of Yonkers, as well as window replacements in City Hall and
lighting retrofits for the Performing Arts Center at Sarah Lawrence
College; and
WHEREAS, the grant is for a two year period, being from
September 30, 2009 until September 29, 2012 and such funding does not
require a cash match from the City of Yonkers; and
WHEREAS, the Mayor of the City of Yonkers, or his designee, is
hereby authorized to execute such agreement with the United States
Department of Energy and receive such award in order to provide such
funds to the Planning Department of the City of Yonkers;
NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City
of Yonkers is hereby authorized to execute the grant agreement with the
United States Department of Energy in order to implement the program
and receive the award; and be it further
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
18
RESOLUTION
8. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the Yonkers Department of Parks, Recreation and
Conservation has been awarded a $15,000 Legislative Grant from the
State of New York to fund the Estamos Unidos Celebration Activities for
the fiscal year of 2009-2010, through the efforts of State Senator Andrea
Stewart Cousins; and
WHEREAS, there are no matching funds required from the City of
Yonkers; and
NOW, THEREFORE, BE IT RESOLVED, by the Yonkers City
Council, that it does hereby endorse and approve the application and
award for a $15,000 Legislative Grant in support of the Estamos Unidos
Celebration Activities, and be it further,
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
19
RESOLUTION
9. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
ONE THOUSAND DOLLARS ($1,000.00) of the claim entitled, "In the
Matter of the Claim MARIA A. GARCIA, (residing at 35 Hawthorne
Avenue 2, Yonkers, New York 10701) Claimant against THE CITY OF
YONKERS, Respondent", for property damage arising out of an alleged
accident on July 22, 2009, alleging that her vehicle was struck by a City of
Yonkers police vehicle be and the same hereby is approved and the
Comptroller of the City of Yonkers is directed to draw his warrant in the
amount of ONE THOUSAND DOLLARS ($1,000.00) in favor of said
claimant.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
20
RESOLUTION
10. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
Four Thousand Two Hundred and Twelve ($4,212.00) of the action
entitled, “Johanna Valdez, (residing at 76 Saratoga Avenue, 2nd Floor,
Yonkers, New York, 10705), Plaintiff against THE CITY OF YONKERS,
Defendant", for property damage arising out of a motor vehicle accident on
January 29, 2009 in the parking lot of 61 South Broadway, in Yonkers,
New York, be and the same hereby is approved and the Comptroller of the
City of Yonkers is directed to draw his warrant in the amount of Four
Thousand Two Hundred and Twelve Dollars ($4,212.00) in favor of said
plaintiff.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
21
RESOLUTION
11. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) of the
action entitled, "DIEGO CAPISTRAN, an infant by his father and natural
guardian, RUBEN CAPISTRAN, and RUBEN CAPISTRAN, individually
(residing at 150 Park Avenue, Yonkers, New York 10703), Plaintiffs,
against THE BOARD OF EDUCATION OF THE CITY OF YONKERS and
THE CITY OF YONKERS, Defendants", for personal injuries and medical
expenses arising out of an incident on June 22, 2007 wherein it is alleged
that the infant plaintiff was injured when he slipped in the playground at
Museum School 25 and his left leg went under the unsecured, rusty, sharp
bottom edge of the fabric of the chain link fence in that playground at
Museum School #25 in the City of Yonkers, be and the same hereby is
approved and the Comptroller of the City of Yonkers is directed to draw
his warrant in the amount of TWENTY-FIVE THOUSAND AND 00/100
DOLLARS ($25,000.00) in favor of said plaintiffs and their attorneys,
Andrea & Towsky, Esqs., pursuant to the terms of the Infant’s
Compromise Order dated November 9, 2009 of the honorable William J.
Giacomo, Justice of the Supreme Court.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
22
RESOLUTION
12. BY MINORITY LEADER McLAUGHLIN, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, a number of residents of the area near Fenway South
have requested the City declare the existing portion of Fenway South,
between West Delano Avenue and Parkway North to be a public street;
and
WHEREAS, the City Council of the City of Yonkers hereby
authorizes the commencement of a “Round Robin” to initiate the process
where information is gathered by various City departments to determine
the proper conclusion for such request; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby authorizes the City Clerk to institute a Round
Robin to determine if it would be in the best interests of the City of
Yonkers to declare the existing portion of Fenway South between West
Delano Avenue and Parkway North to be a public street; and
BE IT FURTHER RESOLVED, that this resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
23
RESOLUTION
13. BY COUNCILMEMBER McDOW; COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHIN,
COUNCILMEMBERS GRONOWSKI, MURTAGH AND BARBATO:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YONKERS
AUTHORIZING THE YONKERS ECONOMIC DEVELOPMENT
CORPORATION TO PROVIDE FINANCIAL ASSISTANCE TO THE
RIVERVIEW II, LP
WHEREAS, the City of Yonkers (the “City”) is tasked with the
responsibility and burden to promote the health, safety and general
welfare of the residents of the City by and among other things preventing
unemployment and economic deterioration including by increasing and
maintaining employment opportunities and attracting and sustaining
economically sound commerce;
WHEREAS, in furtherance of its public purposes, the City has
supported the provision of taxable and tax-exempt financing by the City of
Yonkers Industrial Development Agency (the “Agency”) and of certain
other financial incentives to for-profit entities and not-for-profit corporations
to promote the creation and preservation of employment opportunities for
residents of the City and development of economically sound commerce
consistent with the City’s burdens and responsibilities as expressed
above;
WHEREAS, there are occasions where financial assistance cannot
be provided by the Agency and/or will be delivered in a more cost effective
form through a not for profit corporation recognized by the City;
WHEREAS, the Yonkers Economic Development Corporation (the
“Corporation” or “YEDC”), was formed on May 30, 2007 as a not-for-profit,
local development corporation (“LDC”) pursuant to Section 1411 of the
Not-for-Profit Corporation Law (the “N-PCL”) of the State of New York (the
“LDC Act”) and its Certificate of Incorporation of the Corporation, as filed
by the Department of State May 31, 2007 (the “Certificate of
Incorporation”), for the purposes described in N-PCL Section 1411 and is
anticipated to provide financial assistance to the SFC Yonkers Project
where financial assistance cannot be provided by the Agency and/or will
be delivered in a more cost effective form through the Corporation;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
24
RESOLUTION (CONTINUED)
WHEREAS, like the SFC Yonkers Project, there are portions or
whole projects that may be unable to access financial assistance through
the Agency and/or the financial assistance can be delivered in a more cost
effective form through the YEDC;
WHEREAS, Riverview II Preservation, LP originally had the Agency
issue $28,596,156 Multi-Family Housing Revenue Bonds (Riverview II
Preservation, LP Project), Series 2007 and now desires to refund said
bonds through a bond issuance by YEDC such that the project has access
to this form of financial assistance in the most cost effective manner;
WHEREAS, the Certificate of Incorporation and Bylaws of the
YEDC are presented to this meeting in the form attached; and
WHEREAS, to accomplish its job creation and other economic
development responsibilities and to relieve the governmental burdens
related to same, and to facilitate the ability of for-profit entities and not-forprofit
corporations to access capital for projects that enhance, create and
preserve employment opportunities for residents of the City, the City
desires to task the YEDC with such burdens and responsibilities and
authorize the YEDC to issue bonds on behalf of the City for such purposes
and to work cooperatively with the Agency to achieve such public
purposes; PROVIDED IN NO EVENT SHALL THE DEBTS OF THE YEDC
BE A DEBT OF THE CITY; and
NOW, THEREFORE, BE IT RESOLVED, that the City approves the
Certificate of Incorporation and the Bylaws; and be it
FURTHER RESOLVED, the City hereby designates the YEDC as
and on behalf of issuer of the City for the purpose of issuing bonds to
assist the Riverview II Preservation LP sole Project with the authority to
exercise on the City’s behalf all lawful powers as may be deemed
necessary to accomplish its public purposes including to enhance, create
and preserve employment opportunities for residents of the City, which
such powers shall include, but not be limited to, those powers described in
N-PCL Section 1411 and the Corporation’s Certificate of Incorporation,
with the power to issue tax-exempt and taxable bonds, notes, or other
obligations in furtherance of the Corporation’s purposes, provided
however that any obligations issued by the YEDC shall never be a debt of
the State of New York, the City or any political subdivision thereof and
neither the State of New York, the City or any political subdivision thereof
shall be liable thereon; and be it
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
25
RESOLUTION (CONTINUED)
FURTHER RESOLVED, that this resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
26
RESOLUTION
14. BY COUNCILMEMBER McDOW, COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS, GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the City of Yonkers facilitates Economic Development
through its Office of Economic Development, Empire Zone Office,
Empowerment Zone, Community Development Agency, Industrial
Development Agency, Parking Authority and other entities; and
WHEREAS developers of commercial, residential and mixed use
projects, frequently seek approval from the City Council, the Planning
Board, the Zoning Board of Appeals, the Landmarks Board, or other
bodies; and
WHEREAS, during the approval process developers frequently
make promises to the community and the approving entities as to the
physical, social and economic aspects of the proposed projects including,
but not limited to, women and minority enterprises, Yonkers First
Source Hiring Program, affordable housing, energy conservation, historic
preservation, and other community benefits; and
WHEREAS, the City Council of Yonkers deems it essential that a
Yonkers Commission on Responsible Development be established for
the purpose of ensuring that development is beneficial to the City of
Yonkers, developers are accountable to the City; and that that the
residents and City Council are kept informed on the progress of the project
development.
BE IT RESOLVED, that the City Council creates the Commission
on Responsible Development whose purpose is to track the process of
economic development projects and written promises made to the
community and the City during the approval process.
BE IT ALSO RESOLVED, that the Commission on Responsible
Development will be comprised of the following nine (9) members: one (1)
representative from the Inspector General’s office; one (1) representative
from the Commission on Human Rights.; and seven (7) Community
Members (appointed by the City Council).
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
27
RESOLUTION (CONTINUED)
BE IT FURTHER RESOLVED, that the terms for each member
shall be as follows:
1) The slots designated for the Inspector General’s office and the
Commission on Human Rights shall be permanent positions without a
specific term.
2) The slots designated for the seven (7) members appointed by the City
Council shall be for three years in duration.
A. However, that of the members first appointed, four (4), who are
appointed by Council members from districts one, three and five, shall
be appointed for a period of three (3) years, and three (3), who are
appointed by Council members from districts two, four, and six and the
council president shall be appointed for a period of two (2) years.
B. Any member chosen to fill a vacancy occurring, otherwise then by
expiration of term, shall be appointed for the unexpired term of the
member whom he or she is to succeed.
3) The Chairperson and the Vice Chairperson of the Commission shall be
nominated by the commission and confirmed by the City Council and
the terms of office of each shall be for a period of three (3) years.
BE IT FURTHER RESOLVED, the Commission on Responsible
Development shall submit a bi-annual report to the City Council of
Yonkers during the first three (3) years of the project development, then
an annual report at the close each fiscal year thereafter until the project
ends; or as requested by the City Council of Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
28
RESOLUTION
15. BY COUNCILMEMBERS MURTAGH AND BARBATO, COUNCIL
PRESIDENT LESNICK, MAJORITY LEADER ANNABI, MINORITY
LEADER McLAUGHLIN, COUNCILMEMBERS McDOW AND
GRONOWSKI,
A RESOLUTION AMENDING THE ZONING CODE OF THE CITY OF
YONKERS (CH. 43 OF THE CODE OF THE CITY OF YONKERS) TO
CREATE A NEW HISTORIC OVERLAY ZONE
43. HISTORIC OVERLAY ZONES
1. Purpose
It is the intent and purpose of an Historic Overlay Zone to encourage and
promote the educational, cultural, and economic welfare of the citizens of
the City of Yonkers by preserving and protecting historic structures, sites,
monuments, streets, areas and neighborhoods which serve as visible
reminders of the history and cultural heritage of the community.
Furthermore, it is the purpose of such zones to strengthen the economy of
the community. Furthermore, it is the purpose of this district to strengthen
the economy of the City by stabilizing and improving property values in
historic areas, and to encourage construction and development that will be
harmonious with existing historic structures and areas.
An Historic Preservation Overlay Zone shall operate in conjunction with
any other zoning district over which it is imposed, and such areas may be
used as permitted by the underlying zoning districts except as may be
specifically restricted by this section. Where the regulations and
permitted/conditional uses of a zoning district conflict with those of the
Overlay Zone, the more restrictive standards apply.
2. Imposing or Extending an Historic Overlay Zone
An Historic Overlay Zone shall be imposed or extended in a manner
similar to other zoning changes, except that a public hearing shall be
conducted by the Landmarks Preservation Board, and a recommendation
by that Board shall be made to the Yonkers City Council. The public
hearing shall be advertised in a newspaper of general circulation in the
City of Yonkers, for a period of not less than fifteen (15) days prior to the
hearing date.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
29
RESOLUTION (CONTINUED)
3. Jurisdiction of the Landmarks Preservation Board
The City of Yonkers Landmarks Preservation Board (the “Board”) shall be
responsible for the preservation and protection of historically and
architecturally significant structures, and to preserve the cultural and
historical heritage of the City within the designated Historic Overlay Zones.
4. Exterior Alterations of Historic Structures and Sites
In order to protect and preserve the distinctive characteristics of historic
buildings within an Historic Overlay Zone, all exterior alterations and
additions to designated City of Yonkers Landmark structures and districts
shall remain subject to review and approval by the Board in accordance
with the provisions of this Code with regard to Landmarks preservation
and demolition.
5. Demolition and Moving of Historic Structures
In order to ensure that historical and culturally distinctive structures are
moved or destroyed only after all other alternatives have been considered,
all moving and demolition permits for historic structures in this overlay
district shall be approved in accordance with the provisions of this Code
with regard to Landmarks designation and demolition.
6. Non-Historic Existing Structures
Structures which are not designated City of Yonkers landmarks
themselves or are not within a designated Historic District, but are located
within an historic overlay zone can and often do have a significant impact
upon surrounding historic structures and sites. Therefore, in order to
preserve the historic character of the district, all exterior alterations and
additions to such structures and sites shall be subject to review and
approval by the Board. Review is not required for repair, maintenance,
and replacement with comparable materials.
In its review of alterations or additions to existing non-historic structures
the Board’s review and approval shall be limited to consideration of
whether the proposed alteration will or will not further deviate from the
historical character, appearance, or material composition than its current
state.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
30
RESOLUTION (CONTINUED)
7. New construction
It is just as vital, than any development and construction of new structures
within historic overlay zones be compatible with the historic character of
the area. Therefore, building permits for such structures located within
historic overlay districts shall be subject to review and approval by the
Board.
In its review of proposed new construction the Board’s review and
approval shall be limited to consideration of whether or not the materials
and design of proposed new construction will or will not conflict with or
detract from nearby historic structures or the district as a whole.
8. Procedures
A special historic overlay zone application for new construction,
alterations, moving or demolition shall be prepared for use by the Office of
the Corporation Counsel in cooperation with the Buildings Department and
the Landmarks Preservation Board.
Such application will, thereafter be required to be submitted to the Building
Department along with the required building permit application in
connection with any property within an Historic Overlay District.
Applications shall be reviewed by the City Planning Staff, and a staff
recommendation issued to the Board. (Applications must be submitted no
less than thirty (30) days prior to the regularly scheduled Board meeting in
order to be placed on the agenda). Incomplete applications may be
returned, or may require additional information.
At a minimum, the historic preservation overlay district application shall
include:
A. A description of the location of the property, address, tax parcel
numbers, and site of proposed work.
B. A detailed site plan showing the location of the structure on the site,
setback dimensions, the location of driveways, streets and
alleyways, landscape areas, and the general location of structures
on adjacent lots. Photographs may be used in addition to the site
plan.
C. A description of the proposed construction or alteration detailing the
objectives of the work, listing the proposed changes as well as the
materials and design (wood, brick, stucco, paint color, lighting etc.)
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
31
RESOLUTION (CONTINUED)
D. A summary of the history of the structure in question including but
not limited to its age, architectural style, chain of title and any other
information bearing upon its historic or architectural significance.
Upon receipt of an application, the Board may request that a public
hearing be conducted prior to rendering a decision on the application. The
public hearing may be held in conjunction with the next scheduled meeting
of the board or scheduled separately. In either case, notice of the hearing
must be given in a newspaper of general circulation in the city, at least
fifteen (15) days in advance of the hearing.
9. Design Standards
The Board shall construct and maintain a set of specific design standards
for each individual Historic Preservation Overlay Zone. Such standards
shall be presented to the Yonkers City Council for adoption by ordinance.
The design standards should be tailored to reflect the historic character of
each individual overlay district.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, DECEMBER 8, 2009
32
COMMITTEE REPORTS
Friday, December 4, 2009
Empire State Development Corporation loses Eminent Domain Case in Appeals Court
To read more go to the following reports:
http://yonkerstribune.typepad.com/yonkers_tribune/2009/12/not-so-fast-its-not-over.html#more
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_08976.htm
http://www.nytimes.com/2009/12/04/nyregion/04columbia.html?_r=1&hpw
http://yonkerstribune.typepad.com/yonkers_tribune/2009/12/not-so-fast-its-not-over.html#more
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_08976.htm
http://www.nytimes.com/2009/12/04/nyregion/04columbia.html?_r=1&hpw
Wednesday, December 2, 2009
Tonight's Green Policy Task Force - CANCELED
Green Policy Task Force - CANCELED
12/2/2009 6:30 PM
Please note that today’s GPTF meeting is canceled.
12/2/2009 6:30 PM
Please note that today’s GPTF meeting is canceled.
Yonkers IDA Regular Board Meeting Thursday, December 3, 2009 at 8:30am
Yonkers IDA Regular Board Meeting
Thursday, December 3, 2009
8:30 a.m.
Mayor's Reception Room
City Hall, Yonkers NY
The agenda can be found at:
http://www.cityofyonkersida.com/publications.php
Thursday, December 3, 2009
8:30 a.m.
Mayor's Reception Room
City Hall, Yonkers NY
The agenda can be found at:
http://www.cityofyonkersida.com/publications.php
Tuesday, December 1, 2009
Monday, November 30, 2009
Board of Ethics Meeting 12/3/2009 7:00 PM - 8:30 PM
Board of Ethics Meeting
12/3/2009 7:00 PM - 8:30 PM
City Hall - 40 South Broadway
2nd Floor - Mayor's Reception Room
NO AGENDA AVAILABLE AT TIME OF POSTING
12/3/2009 7:00 PM - 8:30 PM
City Hall - 40 South Broadway
2nd Floor - Mayor's Reception Room
NO AGENDA AVAILABLE AT TIME OF POSTING
Sunday, November 29, 2009
Landmarks Preservation Board Meeting 12/2/2009 7:00 PM
Landmarks Preservation Board Meeting
12/2/2009 7:00 PM
City Hall - Ceremonial Court Room
40 South Broadway
NO AGENDA AVAILABLE AT TIME OF POSTING
12/2/2009 7:00 PM
City Hall - Ceremonial Court Room
40 South Broadway
NO AGENDA AVAILABLE AT TIME OF POSTING
Saturday, November 28, 2009
IDA Has 2 Public Hearings on December 1st at 5:00pm
Public Hearings - Riverview II Preservation, LP & Daylighting Saw Mill River EDPL
Riverview II Preservation, LP
Date: Tuesday, December 1, 2009
Time: 5:00 pm
Location: Ceremonial Courtroom
City Hall, Yonkers NY
Daylighting Saw Mill River EDPL
Date: Tuesday, December 1, 2009
Time: 5:30 pm
Location: Ceremonial Courtroom
City Hall, Yonkers NY
<< Return to front page
Riverview II Preservation, LP
Date: Tuesday, December 1, 2009
Time: 5:00 pm
Location: Ceremonial Courtroom
City Hall, Yonkers NY
Daylighting Saw Mill River EDPL
Date: Tuesday, December 1, 2009
Time: 5:30 pm
Location: Ceremonial Courtroom
City Hall, Yonkers NY
<< Return to front page
Rules Committee Meeting December 1st at 6:30pm
Rules Committee
12/1/2009 6:30 PM
Yonkers City Hall
40 South Broadway
Yonkers, New York 10701
NO AGENDA AVAILABLE AT TIME OF POSTING
12/1/2009 6:30 PM
Yonkers City Hall
40 South Broadway
Yonkers, New York 10701
NO AGENDA AVAILABLE AT TIME OF POSTING
Tuesday, November 24, 2009
Monday, November 23, 2009
Legislation and Codes Committee Meeting Tuesday, November 24, 2009 at 6:30 p.m.
Please be advised that a Legislation and Codes Committee Meeting has been scheduled for Tuesday, November 24, 2009 at 6:30 p.m. or immediately following the City Council Meeting in the Council Chambers, City Hall, 4th floor.
The following item(s) will be on the Agenda:
1. Resolution - to amend the Ethics Code of the City of Yonkers to include a new section with regard to the registration of lobbyists and regulation of lobbying activities.
Please have the appropriate Commissioners/Department Heads/Directors or their representatives attend so they can address issues relating to their departments.
Thank you.
Sandy Annabi, Majority Leader
Legislation & Codes Chair
The following item(s) will be on the Agenda:
1. Resolution - to amend the Ethics Code of the City of Yonkers to include a new section with regard to the registration of lobbyists and regulation of lobbying activities.
Please have the appropriate Commissioners/Department Heads/Directors or their representatives attend so they can address issues relating to their departments.
Thank you.
Sandy Annabi, Majority Leader
Legislation & Codes Chair
Board of Contract and Supply (BOCS) Meeting November 25th at 10:30am
Board of Contract and Supply (BOCS)
Monthly Meeting
11/25/2009 10:30 AM - 11:00 AM
Mayor's Reception Room
City Hall, 40 South Broadway
Yonkers, New York 10701
NO AGENDA AVAILABLE AT TIME OF POSTING
Monthly Meeting
11/25/2009 10:30 AM - 11:00 AM
Mayor's Reception Room
City Hall, 40 South Broadway
Yonkers, New York 10701
NO AGENDA AVAILABLE AT TIME OF POSTING
Sunday, November 22, 2009
Yonkers City Council Meeting Tuesday November 24th at 6:00pm
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
1
Committee of the Whole 6:00 P.M.
Stated Meeting 5:30 P.M.
City Council Chambers
TIME:
PRESENT: PRESIDENT OF THE COUNCIL
CHUCK LESNICK
DISTRICT
2 MAJORITY LEADER SANDY ANNABI
4 MINORITY LEADER LIAM J. McLAUGHLIN
COUNCIL MEMBERS:
DISTRICT:
1 PATRICIA D. McDOW
3 JOAN GRONOWSKI
5 JOHN M. MURTAGH
6 DEE BARBATO
Recitation of the Pledge of Allegiance to the Flag followed by a minute of silence
to invoke God’s guidance and Blessing upon our deliberations.
Minutes of the stated meeting held on November 10, 2009 and a Special Meeting
held on Tuesday, November 10, 2009 approved on motion of Majority Leader
Sandy Annabi.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
2
INDEX
OLD BUSINESS
ITEM DESCRIPTION PAGE
1. SO – DISCONTINUANCE OF CERTAIN PARCELS -
LOEHR PLACE AND MULFORD STREET 8
NEW BUSINESS
2. LOCAL LAW – SUSTAINABLE DEVELOPMENT (LEED) 9/15
3. GO –OFF STREET PARKING LOADING AND RELOADING 16/17
4. SO – GRANT YONKERS ANIMAL SHELTER ($140,000) 18
5. SO – GRANT – NYS DIV. OF CRIMINAL JUSTICE
JULIA DYCKMAN ANDRUS MEMORIAL 19
6. RES – SEQRA OFF STREET PARKING 20/21
7. RES – AUTHORIZING MAYOR TO EXECUTE GRANT
AGREEMENT – YKS ANIMAL SHELTER 22
8. RES - AUTHORIZING MAYOR TO EXECUTE GRANT
AGREEMENT – JULIA DYCKMAN MEMORIAL 23
9. RES – SETTLEMENT STATE OF NEW YORK ($87,899.71) 24
10. RES – SPECIAL USE PERMIT – LIVE – WORK BLDG
GREYSTON 25/28
11. RES – COMMISSIONERS OF DEEDS 29
12. RES – IMA – HOUSING IMPLEMENTATION FUND –
HOPE VI 30/31
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
3
INDEX
ITEM DESCRIPTION PAGE
13. RES – ECONOMIC DEVELOPMENT/RIVERVIEW II LP 32/34
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
4
COMMUNICATIONS FROM CITY OFFICIALS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
5
COMMUNICATIONS GENERALLY
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
6
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
7
PUBLIC HEARING
A PUBLIC HEARING ON A PROPOSED ORDINANCE CLOSING AND
DISCONTINUING CERTAIN PARTS OF PUBLIC STREETS KNOWN AS
LOEHR PLACE AND MULFORD STREET IN THE CITY OF YONKERS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
8
OLD BUSINESS
SPECIAL ORDINANCE
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
AN ORDINANCE CLOSING AND DISCONTINUING CERTAIN PARTS
OF PUBLIC STREETS KNOWN AS LOEHR PLACE AND MULFORD
STREET IN THE CITY OF YONKERS
The City Council of the City of Yonkers hereby enacts and ordains:
Section 1. Loehr Place Narrowing. Pursuant to Section 29 and
subdivision 7 of Section 20 of the General City Law, it is hereby ordered
and directed that the portions of Loehr Place identified as street closing
areas on the Map titled New Street Opening and Existing Street
Adjustment, dated November 28, 2007 prepared by Langan Engineering
and Environmental Services, submitted to the City Council together with
this proposed Special Ordinance, be and hereby are closed and
discontinued as public street areas of the City of Yonkers, and the City
Engineer is hereby authorized and directed to change the Official Map of
the City of Yonkers to reflect such closing and discontinuance.
Section 2. Mulford Street Closing. Pursuant to Section 29 and
subdivision 7 of Section 20 of the General City Law, it is hereby ordered
and directed that the entire area of Mulford Street, as shown the Map titled
New Street Opening and Existing Street Adjustment, dated November 28,
2007 prepared by Langan Engineering and Environmental Services,
submitted to the City Council together with this proposed Special
Ordinance, be and hereby is closed and discontinued as a public street of
the City of Yonkers, and the City Engineer is hereby authorized and
directed to change the Official Map of the City of Yonkers to reflect such
closing and discontinuance.
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
9
NEW BUSINESS
LOCAL LAW
2. BY MINORITY LEADER MCLAUGHLIN, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, COUNCILMEMBERS MCDOW
GRONOWSKI, MURTAGH AND BARBATO:
A LOCAL LAW AMENDING CHAPTER 56 OF THE CODE OF THE CITY
OF YONKERS ENTITLED BUILDING AND ELECTRICAL CODE TO ADD
A NEW ARTICLE XVII ENTITLED “SUSTAINABLE DEVELOPMENT”
Be it enacted by the City Council of the City of Yonkers as follows:
ARTICLE XVII, SUSTAINABLE DEVELOPMENT
Chapter 56 of the Code of the City of Yonkers entitled
“Building and Electrical Code“, is hereby amended, in part, by adding
thereto a new Article XVII entitled “SUSTAINABLE DEVELOPMENT” in
reference to Building Design and Construction to read as follows:
§ 56-190. Findings
The City Council of the City of Yonkers finds that there is an urgent need
to minimize the short term and long term negative impacts the built
environment has on the residents and natural environment in the City of
Yonkers and on the planet earth.
§ 56-191. Statement of Purpose
It is the purpose of this Article is to promote the public health, safety and
general welfare and to minimize adverse environmental impacts by
provisions designed to:
A. Provide owners and occupants of commercial (retail and office),
industrial, institutional, civic, multi-family and detached, semiattached,
town and row house type residential buildings with the
economic, environmental and health benefits of energy and water
savings;
B. Improve indoor air and water quality;
C. Reduce non-point source water pollution
D. Increase and promote environmentally sustainable surroundings.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
10
LOCAL LAW (CONTINUED)
§ 56- 192. Objectives.
The Objectives of this article are:
A. To benefit the community by having buildings constructed and/or
substantially rehabilitated in such a manner that they conserve energy and
are resource-efficient.
B. To reduce production and proliferation of greenhouse gases and
C. To reduce the overwhelming drain on the existing limited and
overstressed energy, stormwater and potable water and
transportation resources and infrastructure
D. To reduce the production of solid waste.
E. To ensure that those who develop and occupy buildings and
facilities in the City of Yonkers assume responsibility for the
environmental impacts of their actions
F. To provide that developers and occupants are notified that the City
of Yonkers is taking a leading role in promoting environmental
sustainability and energy conservation
§ 56- 193. Definitions.
“Commercial Building(s)” shall mean any commercial (retail and office),
industrial, institutional, civic, and as listed in Table 43-1 as Business,
Commercial and Office Uses and Public and Institutional Uses and
Apartment Houses including multi-family houses of three (3) families or
more.
“Residential Building(s)” shall mean any detached, semi-attached, single
family, two family town and row house dwellings and dwelling units as
defined in section 43-8 of this Code.
“GreenBuilding Rating System”shall mean the U.S. Green Building
Council’s (USGBC) Leadership in Energy and Environmental Design
(LEED) Rating Systems including LEED-NC (New Construction), LEEDEB
(Existing Buildings), LEED-CI (Commercial Interiors), LEED-CS (Core
and Shell) and LEED-ND (Neighborhood Development), excluding LEEDAGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
11
LOCAL LAW (CONTINUED)
H (Homes), or the Green Building Initiative’s Green Globes Rating
Systems or Substantially Similar Recognized Standard in effect at the time
this article is adopted for all construction and/or substantial rehabilitation
of all Commercial Buildings as of the date of enactment of this Article.
“ENERGY STAR RATING SYSTEM” shall mean the New York State
Energy Research and Development Authority’s (NYSERDA) Energy Star
rating system for all newly constructed and/or substantially rehabilitated
Residential Buildings in existence now and any future versions
promulgated by NYSERDA.
“SUBSTANTIAL IMPROVEMENT” shall mean any reconstruction,
rehabilitation, addition, or other improvement of a structure, the cost of
which equals or exceeds 50% of the assessed valuation of the structure
before the start of construction of the improvement. The term includes
structures which have incurred substantial damage, regardless of the
actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code
enforcement official and which are the minimum necessary to
assure safe living conditions; or
B. Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure by the City of Yonkers or National Register of Historic
Places.
“Governmental Benefits” shall mean the City or related City entity or any
Governmental Entity providing land, funding, tax exemption, or tax
abatement or an agreement for a Payment in Lieu of Taxes or Tax
Increment Financing, Variance from any requirement of the City Code,
Re-Zoning or Zone Creation or Amendment to the Zoning Code and PUR
zoning)
§ 56 - 194. Applicability.
This Local Law shall be applicable to all new construction and Substantial
Improvement of Commercial or Residential buildings that receive any
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
12
LOCAL LAW (CONTINUED)
governmental benefits as part of the development of such building (e.g.,
land, funding, tax relief, variance, re-zoning or zoning variance). The
provisions of this Article shall take effect six (6) months after the adoption
of this Article. In the event that after the effective date as described above
there is an amendment(s) in any of the aforementioned Green Building
Rating Systems then such amendments will only take effect for the
purposes of this article after the Yonkers City Council affirmatively adopts
the same.
§ 56-195. APPLICABLE STANDARDS, ADMINISTRATION, AND
BUILDING PERMIT AND CERTIFICATE OF
OCCUPANCY/COMPLETION REQUIREMENTS
A. Commercial Buildings
The USGBC LEED Silver certification or the substantially similar
certification according to the Green Building Initiative’s Green Globes
Rating Systems, 2 Globes or a Substantially Similar Recognized Standard
, shall be the minimum requirement of all new construction and
substantially rehabilitated Commercial Buildings.
B. Residential Buildings
The NYSERDA Energy Star certification shall be the minimum
requirement for all new construction and substantially rehabilitated
Residential Buildings. To achieve an Energy Star certification a
Residential Building shall attain a home energy rating of 84 or higher on
the current expanded Home Energy Rating System (HERS) Scoring
System adopted by the State of New York (which corresponds to an
Index of 80 or less as defined in the 2006 Mortgage Industry National
Home Energy Rating System Standards promulgated by the Residential
Energy Services Network (RESNET).
C. Administration
The City Building Commissioner and his staff in the Department of
Housing and Buildings shall administer and implement this article by
granting or denying Building Permits and/or as necessary Certificates of
Occupancy/Completion in accordance with its provisions.
D. Building Permit:
1. COMMERCIAL BUILDING: Every applicant for a building permit
for the new construction or substantial rehabilitation of a Commercial
Building shall provide to the Building Commissioner a LEED checklist or
similar form indicating a minimum rating of Silver or Two (2) Globes
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
13
LOCAL LAW (CONTINUED)
completed by a LEED Accredited Professional or similar 3rd Party
Accredited Professional. No Building Permit shall be issued for a
Commercial Building unless the initial review documentation demonstrates
that the proposed new construction and/or substantial rehabilitation work
in the Commercial Building has satisfied the requirements to attain LEEDSilver,
Green Globes Two (2) Globes, or Substantially Similar recognized
standard certification.
2. RESIDENTIAL BUILDING: Every applicant for a building permit
for new construction or substantial rehabilitation of a detached, semidetached,
town and row house type residential building shall provide to
the Building Commissioner an Energy Star checklist indicating an
minimum energystar rating completed by a New York State Home Energy
Rating Professional. No Building Permit shall be issued for a Residential
Building unless the Energy Star review documentation demonstrates that
the proposed new construction and/or substantial rehabilitation work in the
Residential Building has satisfied the requirements to attain Energy
Star certified status.
E. Certificate of Occupancy/Completion. The Commissioner of Buildings
shall determine whether the requirements under the permitting process
are implemented at each stage of construction, including, but not limited
to, at the foundation inspection, structural inspection, insulation inspection,
HVAC inspection and prior to the issuance of a final Certificate of
Occupancy. The Commissioner of Buildings may rely on a duly sworn
certification from an Accredited Professional 3rd Party Assessor and/or
New York State Home Energy Rating Professional that said inspections
were completed and that the above requirements were met. The
Commissioner of Buildings may conduct other inspections, as needed, to
ensure compliance with this Act.
1. Commercial Buildings
Prior to issuance of a Certificate of Occupancy the construction
and/or substantial rehabilitation work in a Commercial Building
must pass a test for combustion safety by an analyst certified by
the Building Performance Institute.
Prior to issuance of Certificate of Occupancy for a Commercial
Building, all field verification and testing requirements of the
applicable USGBC LEED Silver or Green Globes Two (2) Globe
rating or Substantially similar recognized standard shall be
satisfied.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
14
LOCAL LAW (CONTINUED)
2. Residential Buildings
Prior to issuance of a Certificate of Occupancy the construction
and/or substantial rehabilitation work in a Residential Building must
pass a test for combustion safety by an analyst certified by the New
York Power Authority.
Prior to issuance of Certificate of Occupancy for a Residential
Building, all field verification and testing requirements of the
NYSERDA Energy Star rating shall be satisfied.
§ 56- 196. Issuance of Certificate of Occupancy/Completion
A. Commercial Building: Certificate of Occupancy/Completion shall be
issued when the applicant produces documentation from an Accredited 3rd
Party Assessment Professional that the constructed and/or substantially
rehabilitated commercial, industrial, institutional, civic and/or multi-family
building has achieved sufficient points to attain LEED-Silver, Green
Globes Two (2) Globes or Substantially Similar recognized standard
certification. Upon preliminary certification and Pending final certification
from the respective rating entity the Building Commissioner may issue a
Temporary Certificate of Occupancy.
B. Residential Building: Certificate of Occupancy/Completion shall be
issued when the applicant produces documentation from a NYSERDA
HERS professional that the constructed and/or substantially rehabilitated
Residential Building has achieved an Energy Star HERS score of 84 or
better.
§ 56 – 197. Appeals; Variances.
1. The Yonkers City Council will have the sole discretion to grant
variances and decide appeals from the requirements of this article.
2. The Planning Board as established by the City of Yonkers shall hear
and make recommendations to the City Council regarding appeals and
requests for variances from the requirements of this article.
3. The Planning Board may recommend the granting of an appeal or
variance from any of the requirements of this act upon a finding that the
applicant has substantially complied with the applicable standard under
this article.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
15
LOCAL LAW (CONTINUED)
4. The burden shall be on the applicant to show the circumstances to
establish substantial compliance.
5. Any hearing held by the Planning Board for the purpose of an appeal in
accordance with this article shall be deemed a public hearing as defined in
this Zoning Code and require the applicant to provide notice and post
signs in accordance with same.
6. Upon a finding that the conditions of this Article have been satisfied, the
Planning Board may attach such conditions to its recommendations as it
deems necessary to further the purposes and objectives of this article.
7. Variances hereunder may only be issued upon a finding that the
variance requested is the minimum necessary, under the circumstances,
to afford relief.
8. The Planning Board shall deliver a written notice of its recommendation
and any conditions imposed along with the transcript of the proceedings to
the Department of Housing and Buildings which will maintain the records
of all appeal actions, including any technical information and also report
said recommendation with conditions and a transcript of the proceedings
to the City Council for City Council action within 45 days after the Planning
Board adopts a recommendation.
9. The City Council may approve, reject or approve with conditions the
recommendations of the Planning Board.
10. Those aggrieved by the decision of the City Council may appeal such
decision to the Supreme Court pursuant to Article 78 of the Civil Practice
Law and Rules.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
16
GENERAL ORDINANCE
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A GENERAL ORDINANCE AMENDING SECTION 43-130 OF THE
ZONING CODE OF THE CITY OF YONKERS IN REGARD TO NEW
BUILDINGS OR STRUCTURES EXEMPT FROM PROVIDING OFFSTREET
PARKING AND LOADING.
The City of Yonkers, in City Council convened, does hereby ordain
and enact:
Section 1.Section 43-130 of the Zoning Code of the City of
Yonkers, entitled “New buildings or structures exempt from providing offstreet
parking and loading.” is hereby amended, in part, to read as
follows:
“Section 43-130. New buildings or structures exempt from providing
off-street parking and loading.
A. New buildings or structures or enlarged or otherwise altered
buildings or structures in the CB, DW, GC Districts shall be exempt from
providing new or additional off-street parking or loading spaces until
October 6, 2006, provided that no existing off-street parking or loading
spaces provided on the property shall be eliminated or reduced in number,
and except that the location, size or layout of such existing spaces may be
changed in conjunction with the site plan review.
B New Building or structures or enlarged or otherwise altered building
or structures in any historic district, already created at the time this
becomes effective, in the CB, DW, GC Districts shall be exempt from
providing new or additional off street parking and loading spaces for nonresidential
uses (except restaurant and eating and drinking
establishments) with less than or equal to 4000 SF per establishment up
to a total of 9000 square feet in total non-residential uses per building.”
Section 4. Chapter 43 Article X of the Zoning Code of the City of
Yonkers entitled “Off-Street Parking and Loading”, is hereby amended in
part by adding a new Section 138 entitled “ Reduced Parking
Requirements for certain Apartment Houses, Live-Work Buildings,
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
17
GENERAL ORDINANCE (CONTINUED)
Multifamily Dwelling Units and Multiple-family Dwelling Units.” which shall
read as follows:
“Section 43-137. Reduced Parking Requirements for certain Apartment
Houses and Live-Work Units
For new construction of Apartments and Live-Work Units within onequarter
(1/4) of a mile of an active train station used for passenger railtransportation
purposes, the minimum number of required parking spaces
shall be one parking space per apartment or live-work unit.”
Section 5. Chapter 43, Article X of the Zoning Code of the City of
Yonkers is hereby amended in part by adding a new footnote to be 43-4
Schedule of Parking Requirements to read as follows:
“Note: When an apartment unit or a live-work unit is within one quarter
(1/4) mile of an active passenger train station Section 43-138 shall apply.”
Section 6. This Ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
18
SPECIAL ORDINANCE
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is hereby
amended by increasing revenues and appropriations for the Parks Department
for a grant from ASPCA relating to the Construction of the New Yonkers Animal
Shelter.
Increase Estimated Revenues
ASPCA 049-G18-1304-7149 $140,000.00
Increase Appropriation
Parks Dept. – Special Projects 049-G18-1304-0496 $140,000.00
Section 2: The unencumbered balance of such appropriation equals or
exceeds the estimated expenditures the City requires for such purpose during
the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
19
SPECIAL ORDINANCE
5. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the
Planning Department for a grant from NYS Criminal Justice, for the
support of preventing juvenile delinquency, in conjunction with Julia
Dyckman Andrus Memorial.
Increase Estimated Revenues
NYS DCJS 049-G05-8901-7515 $74,199.00
Increase Appropriation
Special Projects 049-G05-8901-0496 $74,199.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
20
RESOLUTION
6. RESOLUTION OF THE YONKERS CITY COUNCIL 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 REGARDING OFF STREET PARKING.
WHEREAS, there is pending before the Yonkers City Council an
ordinance for the amendment of the Zoning Code of the City of Yonkers;
and
WHEREAS, the City Council has determined that the proposed
amendment of the Zoning Code is an Type I Action under the State
Environmental Quality Review Act (“SEQRA”) requiring the City Council to
comply with the regulations promulgated pursuant to SEQRA; and
WHEREAS, an Environmental Assessment Form has been
prepared to assist the City Council in complying with its responsibilities
under SEQRA; and
WHEREAS, The City Council has carefully considered the
proposed action and has reviewed the Environmental Assessment Form
and the criteria set forth in Section 617.7 of 6 NYCRR Part 617 of the
SEQRA regulations and has identified and carefully considered the
relevant areas of environmental concern as are fully set forth in said
Environmental Assessment Form to determine if the proposed action will
have a significant impact upon the environment; and
NOW THEREFORE, BE IT RESOLVED by the Yonkers City
Council that based upon it’s review of the Environmental Assessment
Form and for the reasons set forth in said Environmental Assessment
Form, it is determined that there will be no adverse impact on the
environment from the proposed amendment of the Zoning Code of the
City of Yonkers; and,
BE IT FURTHER RESOLVED, that the Council President is
authorized and directed to sign the Determination of Significance on the
Environmental Assessment Form, on behalf of the City Council pursuant
to Article 8 of the Environmental Conservation Law, indicating that the
proposed action will not result in any significant adverse environmental
impacts and to immediately transmit same to be filed and made available
pursuant to the requirements of 6 NYCRR Part 617; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
21
RESOLUTION (CONTINUED)
BE IT FURTHER RESOLVED, that this Resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
22
RESOLUTION
7. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the City of Yonkers has been awarded a $140,000
grant from the American Society of the Prevention of Cruelty to Animals
for the support of the Yonkers Animal Shelter and the building of the new
animal shelter; and
WHEREAS, the Mayor or the Commissioner of the Department of
Parks, Recreation and Conservation of the City of Yonkers is hereby
authorized to execute any documents necessary to receive such grant;
NOW, THEREFORE BE IT RESOLVED, that the City of Yonkers is
hereby authorized to obtain the funds available under the grant; and be it
further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
23
RESOLUTION
8. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the State of New York, Division of Criminal Justice
Services (DCJS) has selected the City of Yonkers to participate in the
2009 Grant Award for the Juvenile Accountability Block Grant (DCJS #
JB0761206A, Contract Number C612063) from the New York State
Division of Criminal Justice Services for the support of preventing juvenile
delinquency in conjunction with the Julia Dyckman Andrus Memorial; and
WHEREAS, the total amount of this grant shall not exceed $74,199;
and
WHEREAS, the Mayor of the City of Yonkers is hereby authorized
to execute such Grant Agreement; and
NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City
of Yonkers, or his authorized representative, is hereby authorized to
execute the Grant Agreement to provide for the support of preventing
juvenile delinquency in conjunction with the Julia Dyckman Andrus
Memorial for the Department of Planning and Development of the City of
Yonkers and to accept the award of $74,199; and be it further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
24
RESOLUTION
9.. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
EIGHTY SEVEN THOUSAND EIGHT HUNDRED NINETY NINE AND
71/100 DOLLARS ($87,899.71) of the action entitled, "STATE OF NEW
YORK, Plaintiff against THE CITY OF YONKERS, Defendant", for
expenses incurred by the State of New York from a period beginning on or
about March 24, 2003 to the present, for the costs associated with the
clean up and removal of petroleum product which was discharged in the
vicinity of 1130 Nepperhan Ave, on or about June 6, 1989. These
expenses were related to violations of Article 12 of the New York
Navigation Law, and the same hereby is approved and the Comptroller of
the City of Yonkers is directed to draw his warrant in the amount of
EIGHTY SEVEN THOUSAND EIGHT HUNDRED AND NINETY NINE
AND 71/100 DOLLARS ($87,899.71) in favor of said plaintiff the STATE
OF NEW YORK.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
25
RESOLUTION
10. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the Greyston Foundation, Inc. (the “Applicant”) is the
owner of the property located at 54 Warburton Avenue, Yonkers, which
property is also known and designated on the tax assessment map of the
City as 54 AKA 56 Warburton Avenue, Block 2017, Lots 3, 5, 6, 7, 8, 21,
22, 23, and 24 (the “Property”); and
WHEREAS, in July, 2007, on behalf of the Applicant, an application
was filed with the Zoning Board of Appeals for several area variances to
permit the construction of a sixteen (16) story “live-work” building
containing 108 workforce housing units and an approximately 8,200
square foot restaurant together with 147 parking spaces and related
infrastructure on the Property (the “Project”); and
WHEREAS, in October, 2007, persons unrelated to the Applicant
filed an “Application for Landmarking and Historic Districting” pursuant to
the City’s Historic and Landmarks Preservation Law (Chapter 45 of the
Yonkers City Code), requesting the establishment of an historic district
which would encompass the Property and other parcels in the immediate
vicinity of the Property (the “Landmark Application”); and
WHEREAS, the City’s Landmarks Preservation Board (the
“Landmark Board”) referred the Landmark Application to the Planning
Board of the City of Yonkers (the “Planning Board”) for its review and
recommendation as required under the Historic and Landmarks
Preservation Law; and
WHEREAS, on January 9, 2008, after considering the Landmark
Application at two (2) meetings, the Planning Board recommended against
the establishment of a historic district; and
WHEREAS, on February 26, 2008, after considering the Landmark
Application at two (2) meetings, the Landmark Board transmitted a
favorable report to the City Council for the establishment of a historic
district; and
WHEREAS, on April 22, 2008, the City Council voted unanimously
to establish the historic district; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
26
RESOLUTION (CONTINUED)
WHEREAS, in response to the establishment of the historic district,
the Applicant and its consultants redesigned the Project to preserve and
restore the facades of six existing structures located on the Property by
integrating them into the design of the proposed new building; and
WHEREAS, as redesigned, the Project consists of a twelve (12)
story “live-work” building containing 105 workforce housing units and
approximately 8,870 square feet of neighborhood retail space, together
with 151 on-site parking spaces and infrastructure (the “Modified Project”);
and
WHEREAS, on June 6, 2008, the Applicant submitted an amended
application (the “Amended Application”) to the Zoning Board of Appeals
for variances to permit the construction of the Modified Project; and
WHEREAS, the Amended Application also included an expanded
Full Environmental Assessment Form which included an expanded
narrative description of the Modified Project and additional supplemental
materials; and
WHEREAS, on December 24, 2008, an application for Site Plan
and Special Use Permit Approval for the construction of the Modified
Project was filed with the Planning Board (the application for Site Plan
Approval and Special Use Permit collectively referred to as the “Special
Use Permit Application”); and
WHEREAS, on January 9, 2009, the Zoning Board of Appeals,
acting as lead agency under the State Environmental Quality Review Act
for environmental review of the Modified Project and all related actions,
adopted a negative declaration of environmental significance; and
WHEREAS, on January 9, 2009, the Zoning Board of Appeals of
the City of Yonkers granted the Amended Application for variances to
permit construction of the Modified Project; and
WHEREAS, on February 11, 2009, following a duly noticed public
hearing (the “Public Hearing”), the Planning Board adopted a resolution
approving the Site Plan and Special Use Permit Application for the
Modified Project; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
27
RESOLUTION (CONTINUED)
WHEREAS, pursuant to Section 43-51 of the Yonkers Zoning
Ordinance, a Special Permit shall not be valid nor take effect until the City
Council approves the issuance of such Permit by an affirmative resolution;
and
WHEREAS, on February 18, 2009, in accordance with Section 43-
55 of the Yonkers Zoning Ordinance, the City Council received a transcript
of the Public Hearing and a copy of the Planning Board’s Resolution (the
“Findings and Decision”); and
WHEREAS, the City Council has duly considered the Special Use
Permit Application submitted by the Applicant, together with the transcript
of the Public Hearing, the Findings and Decision, and the criteria set forth
in Article VII of the Yonkers Zoning Ordinance; and
WHEREAS, the Modified Project remains subject to review and the
issuance of a Certificate of Appropriateness by the Landmark Board in
accordance with the City’s Historic and Landmarks Preservation Law; and
WHEREAS, no demolition, alterations or construction activities may
take place on the Property prior to the issuance of a certificate of
appropriateness by the Landmark Board;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers, in meeting assembled that the proposed Special Use
Permit should be granted; and be it further;
RESOLVED, that upon the record and findings of the Planning
Board with respect to the application for a Special Use Permit at Block
2017, Lots 3, 5, 6, 7, 8 & 21-24 on the property known as 54 AKA 56
Warburton Avenue, pursuant to Article VII, §§ 43-51, 43-74(C), 43-78 (C)
and Article IX of the Zoning Code of the City of Yonkers, the decision and
actions of the Planning Board are hereby approved, subject to the
following conditions:
(1) All improvements and conditions to the site shall remain in full
force and effect as long as the site remains occupied.
(2) The historic façade elements of the project and the aesthetic
design of the new elements of the project shall remain the responsibility of
the Yonkers Landmarks Preservation Board.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
28
RESOLUTION (CONTINUED)
(3) Each unit shall comply with the New York State Building and
Fire Prevention Code requirements at the time of occupancy. Any change
in use from resident to commercial, or from one commercial use to
another commercial use or from a commercial use to a residential use
shall require a new certificate of occupancy.
(4) No live-work unit is permitted on the first floor of any structure
(5) Vents and other air handling or ventilation equipment, excluding
residential type air conditioning sleeves, shall not be permitted to be
placed upon any principal façade of any live work building.
(6) No signs may be erected in any window or on any wall of the
building except for a one-foot by one foot flush mounted sign at the
building entry for any live-work use within the building. In the case of a
building devoted entirely to live-work units, an exception may be made
and a building identification or name sign may be permitted. Additionally a
three foot by two foot flush mounted directory sign may be permitted at
ground level immediately adjacent to the entrance of the building.
(7) Signage for the first floor commercial uses shall conform to the
Yonkers Sign Code. The initial signage provided for these uses shall be
reviewed by the Planning Board staff to insure a high level of graphic
quality.
(8) This building must conform to all of the conditions pursuant to §
43-78 (C) of the Yonkers Zoning Ordinance, the live-work requirements for
a special use permit.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
29
RESOLUTION
11. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
BE IT RESOLVED, that the following applicant(s) are hereby
appointed and/or reappointed to the office of Commissioner of Deeds for a
period of two years to expire on December 31, 2011.
Virginia Galatioto
7 Truesdale Place
Yonkers, New York 10705
M.H.A. RENEWAL
Frances Brenes
538 Riverdale Avenue
Yonkers, New York 10705
Law Firm NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
30
RESOLUTION
12. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A RESOLUTION AUTHORIZING THE MAYOR OR DEPUTY MAYOR TO
EXECUTE ANY AND ALL DOCUMENTS NECESSARY IN CONNECTION
WITH WESTCHESTER COUNTY’S HOUSING IMPLEMENTATION
FUND ON BEHALF OF ASHBURTON AVENUE I, LP IN SUPPORT OF
THE DEVELOPMENT OF THE ASHBURTON AVENUE HOPE VI SITE,
CONTAINING UP TO APPROXIMATELY 49 DWELLING UNITS FOR
SENIORS ON A PORTION OF THE PROPERTY
WHEREAS, ASHBURTON AVENUE I, LP, an affiliate of The
Richman Group Development Corporation (the “Developer”), the
developer for the Municipal Housing Authority for the City of Yonkers
(“MHACY”) has received site plan, special permit and subdivision
approvals from the Yonkers Planning Board to construct a 4 story building
containing approximately forty nine dwelling units for seniors as well as
community and laundry space, at the address 110-126 Ashburton Ave.,
Block: 2041, Lots:12, 14, 16, 18 and 21 (the “Project”); and
WHEREAS, pursuant to Resolution 143-2009, adopted by the City
Council on September 22, 2009, the City was authorized to convey the
property by Bargain and Sale Deed to the MHACY to lease to the
Developer in an “as-is” condition for the public purpose of providing
relocation housing for the Ashburton Avenue VI Project; and
WHEREAS, pursuant to the MHACY lease to the Developer, the
Developer shall construct the Project; and
WHEREAS, pursuant to Resolution 163-2006 adopted by the City
Council on September 26, 2006, the Mayor was authorized, among other
things, to apply for available funding under the County of Westchester (the
“County”) Housing Implementation Fund; and
WHEREAS, the County has agreed to make such funds available in
support of the Project pursuant to an intermunicipal agreement; and
WHEREAS, so as to comply with the County Housing
Implementation Fund Program, the City must grant an easement or other
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
31
RESOLUTION (CONTINUED)
recordable interest in the property to the County for the public
infrastructure improvements to be located in the public streets.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers that the Mayor or the Deputy Mayor is hereby authorized
to (i) execute any and all documents necessary to enter into an
intermunicipal agreement with the County; (ii) grant an easement or other
recordable interest in the property and adjoining city streets and lands to
the County for the public infrastructure improvements to be located in the
public streets; and (iii) execute any and all other documents necessary
and convenient to carry out this Resolution, including executing and any
other documents, certificates or affidavits as may be approved by the
Corporation Counsel of the City of Yonkers; and be it further
RESOLVED, that this Resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
32
RESOLUTION
13. BY COUNCILMEMBER McDOW; COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHIN,
COUNCILMEMBERS GRONOWSKI, MURTAGH AND BARBATO:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YONKERS
AUTHORIZING THE YONKERS ECONOMIC DEVELOPMENT
CORPORATION TO PROVIDE FINANCIAL ASSISTANCE TO THE
RIVERVIEW II, LP
WHEREAS, the City of Yonkers (the “City”) is tasked with the
responsibility and burden to promote the health, safety and general
welfare of the residents of the City by and among other things preventing
unemployment and economic deterioration including by increasing and
maintaining employment opportunities and attracting and sustaining
economically sound commerce;
WHEREAS, in furtherance of its public purposes, the City has
supported the provision of taxable and tax-exempt financing by the City of
Yonkers Industrial Development Agency (the “Agency”) and of certain
other financial incentives to for-profit entities and not-for-profit corporations
to promote the creation and preservation of employment opportunities for
residents of the City and development of economically sound commerce
consistent with the City’s burdens and responsibilities as expressed
above;
WHEREAS, there are occasions where financial assistance cannot
be provided by the Agency and/or will be delivered in a more cost effective
form through a not for profit corporation recognized by the City;
WHEREAS, the Yonkers Economic Development Corporation (the
“Corporation” or “YEDC”), was formed on May 30, 2007 as a not-for-profit,
local development corporation (“LDC”) pursuant to Section 1411 of the
Not-for-Profit Corporation Law (the “N-PCL”) of the State of New York (the
“LDC Act”) and its Certificate of Incorporation of the Corporation, as filed
by the Department of State May 31, 2007 (the “Certificate of
Incorporation”), for the purposes described in N-PCL Section 1411 and is
anticipated to provide financial assistance to the SFC Yonkers Project
where financial assistance cannot be provided by the Agency and/or will
be delivered in a more cost effective form through the Corporation;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
33
RESOLUTION (CONTINUED)
WHEREAS, like the SFC Yonkers Project, there are portions or
whole projects that may be unable to access financial assistance through
the Agency and/or the financial assistance can be delivered in a more cost
effective form through the YEDC;
WHEREAS, Riverview II Preservation, LP originally had the Agency
issue $28,596,156 Multi-Family Housing Revenue Bonds (Riverview II
Preservation, LP Project), Series 2007 and now desires to refund said
bonds through a bond issuance by YEDC such that the project has access
to this form of financial assistance in the most cost effective manner;
WHEREAS, the Certificate of Incorporation and Bylaws of the
YEDC are presented to this meeting in the form attached; and
WHEREAS, to accomplish its job creation and other economic
development responsibilities and to relieve the governmental burdens
related to same, and to facilitate the ability of for-profit entities and not-forprofit
corporations to access capital for projects that enhance, create and
preserve employment opportunities for residents of the City, the City
desires to task the YEDC with such burdens and responsibilities and
authorize the YEDC to issue bonds on behalf of the City for such purposes
and to work cooperatively with the Agency to achieve such public
purposes; PROVIDED IN NO EVENT SHALL THE DEBTS OF THE YEDC
BE A DEBT OF THE CITY; and
NOW, THEREFORE, BE IT RESOLVED, that the City approves the
Certificate of Incorporation and the Bylaws; and be it
FURTHER RESOLVED, the City hereby designates the YEDC as
and on behalf of issuer of the City for the purposes of issuing bonds to
assist the Riverview II Preservation LP Project with the authority to
exercise on the City’s behalf all lawful powers as may be deemed
necessary to accomplish its public purposes including to enhance, create
and preserve employment opportunities for residents of the City, which
such powers shall include, but not be limited to, those powers described in
N-PCL Section 1411 and the Corporation’s Certificate of Incorporation,
with the power to issue tax-exempt and taxable bonds, notes, or other
obligations in furtherance of the Corporation’s purposes, provided
however that any obligations issued by the YEDC shall never be a debt of
the State of New York, the City or any political subdivision thereof and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
34
RESOLUTION (CONTINUED)
neither the State of New York, the City or any political subdivision thereof
shall be liable thereon; and be it
FURTHER RESOLVED, that this resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
35
COMMITTEE REPORTS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
1
Committee of the Whole 6:00 P.M.
Stated Meeting 5:30 P.M.
City Council Chambers
TIME:
PRESENT: PRESIDENT OF THE COUNCIL
CHUCK LESNICK
DISTRICT
2 MAJORITY LEADER SANDY ANNABI
4 MINORITY LEADER LIAM J. McLAUGHLIN
COUNCIL MEMBERS:
DISTRICT:
1 PATRICIA D. McDOW
3 JOAN GRONOWSKI
5 JOHN M. MURTAGH
6 DEE BARBATO
Recitation of the Pledge of Allegiance to the Flag followed by a minute of silence
to invoke God’s guidance and Blessing upon our deliberations.
Minutes of the stated meeting held on November 10, 2009 and a Special Meeting
held on Tuesday, November 10, 2009 approved on motion of Majority Leader
Sandy Annabi.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
2
INDEX
OLD BUSINESS
ITEM DESCRIPTION PAGE
1. SO – DISCONTINUANCE OF CERTAIN PARCELS -
LOEHR PLACE AND MULFORD STREET 8
NEW BUSINESS
2. LOCAL LAW – SUSTAINABLE DEVELOPMENT (LEED) 9/15
3. GO –OFF STREET PARKING LOADING AND RELOADING 16/17
4. SO – GRANT YONKERS ANIMAL SHELTER ($140,000) 18
5. SO – GRANT – NYS DIV. OF CRIMINAL JUSTICE
JULIA DYCKMAN ANDRUS MEMORIAL 19
6. RES – SEQRA OFF STREET PARKING 20/21
7. RES – AUTHORIZING MAYOR TO EXECUTE GRANT
AGREEMENT – YKS ANIMAL SHELTER 22
8. RES - AUTHORIZING MAYOR TO EXECUTE GRANT
AGREEMENT – JULIA DYCKMAN MEMORIAL 23
9. RES – SETTLEMENT STATE OF NEW YORK ($87,899.71) 24
10. RES – SPECIAL USE PERMIT – LIVE – WORK BLDG
GREYSTON 25/28
11. RES – COMMISSIONERS OF DEEDS 29
12. RES – IMA – HOUSING IMPLEMENTATION FUND –
HOPE VI 30/31
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
3
INDEX
ITEM DESCRIPTION PAGE
13. RES – ECONOMIC DEVELOPMENT/RIVERVIEW II LP 32/34
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
4
COMMUNICATIONS FROM CITY OFFICIALS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
5
COMMUNICATIONS GENERALLY
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
6
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
7
PUBLIC HEARING
A PUBLIC HEARING ON A PROPOSED ORDINANCE CLOSING AND
DISCONTINUING CERTAIN PARTS OF PUBLIC STREETS KNOWN AS
LOEHR PLACE AND MULFORD STREET IN THE CITY OF YONKERS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
8
OLD BUSINESS
SPECIAL ORDINANCE
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
AN ORDINANCE CLOSING AND DISCONTINUING CERTAIN PARTS
OF PUBLIC STREETS KNOWN AS LOEHR PLACE AND MULFORD
STREET IN THE CITY OF YONKERS
The City Council of the City of Yonkers hereby enacts and ordains:
Section 1. Loehr Place Narrowing. Pursuant to Section 29 and
subdivision 7 of Section 20 of the General City Law, it is hereby ordered
and directed that the portions of Loehr Place identified as street closing
areas on the Map titled New Street Opening and Existing Street
Adjustment, dated November 28, 2007 prepared by Langan Engineering
and Environmental Services, submitted to the City Council together with
this proposed Special Ordinance, be and hereby are closed and
discontinued as public street areas of the City of Yonkers, and the City
Engineer is hereby authorized and directed to change the Official Map of
the City of Yonkers to reflect such closing and discontinuance.
Section 2. Mulford Street Closing. Pursuant to Section 29 and
subdivision 7 of Section 20 of the General City Law, it is hereby ordered
and directed that the entire area of Mulford Street, as shown the Map titled
New Street Opening and Existing Street Adjustment, dated November 28,
2007 prepared by Langan Engineering and Environmental Services,
submitted to the City Council together with this proposed Special
Ordinance, be and hereby is closed and discontinued as a public street of
the City of Yonkers, and the City Engineer is hereby authorized and
directed to change the Official Map of the City of Yonkers to reflect such
closing and discontinuance.
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
9
NEW BUSINESS
LOCAL LAW
2. BY MINORITY LEADER MCLAUGHLIN, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, COUNCILMEMBERS MCDOW
GRONOWSKI, MURTAGH AND BARBATO:
A LOCAL LAW AMENDING CHAPTER 56 OF THE CODE OF THE CITY
OF YONKERS ENTITLED BUILDING AND ELECTRICAL CODE TO ADD
A NEW ARTICLE XVII ENTITLED “SUSTAINABLE DEVELOPMENT”
Be it enacted by the City Council of the City of Yonkers as follows:
ARTICLE XVII, SUSTAINABLE DEVELOPMENT
Chapter 56 of the Code of the City of Yonkers entitled
“Building and Electrical Code“, is hereby amended, in part, by adding
thereto a new Article XVII entitled “SUSTAINABLE DEVELOPMENT” in
reference to Building Design and Construction to read as follows:
§ 56-190. Findings
The City Council of the City of Yonkers finds that there is an urgent need
to minimize the short term and long term negative impacts the built
environment has on the residents and natural environment in the City of
Yonkers and on the planet earth.
§ 56-191. Statement of Purpose
It is the purpose of this Article is to promote the public health, safety and
general welfare and to minimize adverse environmental impacts by
provisions designed to:
A. Provide owners and occupants of commercial (retail and office),
industrial, institutional, civic, multi-family and detached, semiattached,
town and row house type residential buildings with the
economic, environmental and health benefits of energy and water
savings;
B. Improve indoor air and water quality;
C. Reduce non-point source water pollution
D. Increase and promote environmentally sustainable surroundings.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
10
LOCAL LAW (CONTINUED)
§ 56- 192. Objectives.
The Objectives of this article are:
A. To benefit the community by having buildings constructed and/or
substantially rehabilitated in such a manner that they conserve energy and
are resource-efficient.
B. To reduce production and proliferation of greenhouse gases and
C. To reduce the overwhelming drain on the existing limited and
overstressed energy, stormwater and potable water and
transportation resources and infrastructure
D. To reduce the production of solid waste.
E. To ensure that those who develop and occupy buildings and
facilities in the City of Yonkers assume responsibility for the
environmental impacts of their actions
F. To provide that developers and occupants are notified that the City
of Yonkers is taking a leading role in promoting environmental
sustainability and energy conservation
§ 56- 193. Definitions.
“Commercial Building(s)” shall mean any commercial (retail and office),
industrial, institutional, civic, and as listed in Table 43-1 as Business,
Commercial and Office Uses and Public and Institutional Uses and
Apartment Houses including multi-family houses of three (3) families or
more.
“Residential Building(s)” shall mean any detached, semi-attached, single
family, two family town and row house dwellings and dwelling units as
defined in section 43-8 of this Code.
“GreenBuilding Rating System”shall mean the U.S. Green Building
Council’s (USGBC) Leadership in Energy and Environmental Design
(LEED) Rating Systems including LEED-NC (New Construction), LEEDEB
(Existing Buildings), LEED-CI (Commercial Interiors), LEED-CS (Core
and Shell) and LEED-ND (Neighborhood Development), excluding LEEDAGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
11
LOCAL LAW (CONTINUED)
H (Homes), or the Green Building Initiative’s Green Globes Rating
Systems or Substantially Similar Recognized Standard in effect at the time
this article is adopted for all construction and/or substantial rehabilitation
of all Commercial Buildings as of the date of enactment of this Article.
“ENERGY STAR RATING SYSTEM” shall mean the New York State
Energy Research and Development Authority’s (NYSERDA) Energy Star
rating system for all newly constructed and/or substantially rehabilitated
Residential Buildings in existence now and any future versions
promulgated by NYSERDA.
“SUBSTANTIAL IMPROVEMENT” shall mean any reconstruction,
rehabilitation, addition, or other improvement of a structure, the cost of
which equals or exceeds 50% of the assessed valuation of the structure
before the start of construction of the improvement. The term includes
structures which have incurred substantial damage, regardless of the
actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code
enforcement official and which are the minimum necessary to
assure safe living conditions; or
B. Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure by the City of Yonkers or National Register of Historic
Places.
“Governmental Benefits” shall mean the City or related City entity or any
Governmental Entity providing land, funding, tax exemption, or tax
abatement or an agreement for a Payment in Lieu of Taxes or Tax
Increment Financing, Variance from any requirement of the City Code,
Re-Zoning or Zone Creation or Amendment to the Zoning Code and PUR
zoning)
§ 56 - 194. Applicability.
This Local Law shall be applicable to all new construction and Substantial
Improvement of Commercial or Residential buildings that receive any
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
12
LOCAL LAW (CONTINUED)
governmental benefits as part of the development of such building (e.g.,
land, funding, tax relief, variance, re-zoning or zoning variance). The
provisions of this Article shall take effect six (6) months after the adoption
of this Article. In the event that after the effective date as described above
there is an amendment(s) in any of the aforementioned Green Building
Rating Systems then such amendments will only take effect for the
purposes of this article after the Yonkers City Council affirmatively adopts
the same.
§ 56-195. APPLICABLE STANDARDS, ADMINISTRATION, AND
BUILDING PERMIT AND CERTIFICATE OF
OCCUPANCY/COMPLETION REQUIREMENTS
A. Commercial Buildings
The USGBC LEED Silver certification or the substantially similar
certification according to the Green Building Initiative’s Green Globes
Rating Systems, 2 Globes or a Substantially Similar Recognized Standard
, shall be the minimum requirement of all new construction and
substantially rehabilitated Commercial Buildings.
B. Residential Buildings
The NYSERDA Energy Star certification shall be the minimum
requirement for all new construction and substantially rehabilitated
Residential Buildings. To achieve an Energy Star certification a
Residential Building shall attain a home energy rating of 84 or higher on
the current expanded Home Energy Rating System (HERS) Scoring
System adopted by the State of New York (which corresponds to an
Index of 80 or less as defined in the 2006 Mortgage Industry National
Home Energy Rating System Standards promulgated by the Residential
Energy Services Network (RESNET).
C. Administration
The City Building Commissioner and his staff in the Department of
Housing and Buildings shall administer and implement this article by
granting or denying Building Permits and/or as necessary Certificates of
Occupancy/Completion in accordance with its provisions.
D. Building Permit:
1. COMMERCIAL BUILDING: Every applicant for a building permit
for the new construction or substantial rehabilitation of a Commercial
Building shall provide to the Building Commissioner a LEED checklist or
similar form indicating a minimum rating of Silver or Two (2) Globes
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
13
LOCAL LAW (CONTINUED)
completed by a LEED Accredited Professional or similar 3rd Party
Accredited Professional. No Building Permit shall be issued for a
Commercial Building unless the initial review documentation demonstrates
that the proposed new construction and/or substantial rehabilitation work
in the Commercial Building has satisfied the requirements to attain LEEDSilver,
Green Globes Two (2) Globes, or Substantially Similar recognized
standard certification.
2. RESIDENTIAL BUILDING: Every applicant for a building permit
for new construction or substantial rehabilitation of a detached, semidetached,
town and row house type residential building shall provide to
the Building Commissioner an Energy Star checklist indicating an
minimum energystar rating completed by a New York State Home Energy
Rating Professional. No Building Permit shall be issued for a Residential
Building unless the Energy Star review documentation demonstrates that
the proposed new construction and/or substantial rehabilitation work in the
Residential Building has satisfied the requirements to attain Energy
Star certified status.
E. Certificate of Occupancy/Completion. The Commissioner of Buildings
shall determine whether the requirements under the permitting process
are implemented at each stage of construction, including, but not limited
to, at the foundation inspection, structural inspection, insulation inspection,
HVAC inspection and prior to the issuance of a final Certificate of
Occupancy. The Commissioner of Buildings may rely on a duly sworn
certification from an Accredited Professional 3rd Party Assessor and/or
New York State Home Energy Rating Professional that said inspections
were completed and that the above requirements were met. The
Commissioner of Buildings may conduct other inspections, as needed, to
ensure compliance with this Act.
1. Commercial Buildings
Prior to issuance of a Certificate of Occupancy the construction
and/or substantial rehabilitation work in a Commercial Building
must pass a test for combustion safety by an analyst certified by
the Building Performance Institute.
Prior to issuance of Certificate of Occupancy for a Commercial
Building, all field verification and testing requirements of the
applicable USGBC LEED Silver or Green Globes Two (2) Globe
rating or Substantially similar recognized standard shall be
satisfied.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
14
LOCAL LAW (CONTINUED)
2. Residential Buildings
Prior to issuance of a Certificate of Occupancy the construction
and/or substantial rehabilitation work in a Residential Building must
pass a test for combustion safety by an analyst certified by the New
York Power Authority.
Prior to issuance of Certificate of Occupancy for a Residential
Building, all field verification and testing requirements of the
NYSERDA Energy Star rating shall be satisfied.
§ 56- 196. Issuance of Certificate of Occupancy/Completion
A. Commercial Building: Certificate of Occupancy/Completion shall be
issued when the applicant produces documentation from an Accredited 3rd
Party Assessment Professional that the constructed and/or substantially
rehabilitated commercial, industrial, institutional, civic and/or multi-family
building has achieved sufficient points to attain LEED-Silver, Green
Globes Two (2) Globes or Substantially Similar recognized standard
certification. Upon preliminary certification and Pending final certification
from the respective rating entity the Building Commissioner may issue a
Temporary Certificate of Occupancy.
B. Residential Building: Certificate of Occupancy/Completion shall be
issued when the applicant produces documentation from a NYSERDA
HERS professional that the constructed and/or substantially rehabilitated
Residential Building has achieved an Energy Star HERS score of 84 or
better.
§ 56 – 197. Appeals; Variances.
1. The Yonkers City Council will have the sole discretion to grant
variances and decide appeals from the requirements of this article.
2. The Planning Board as established by the City of Yonkers shall hear
and make recommendations to the City Council regarding appeals and
requests for variances from the requirements of this article.
3. The Planning Board may recommend the granting of an appeal or
variance from any of the requirements of this act upon a finding that the
applicant has substantially complied with the applicable standard under
this article.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
15
LOCAL LAW (CONTINUED)
4. The burden shall be on the applicant to show the circumstances to
establish substantial compliance.
5. Any hearing held by the Planning Board for the purpose of an appeal in
accordance with this article shall be deemed a public hearing as defined in
this Zoning Code and require the applicant to provide notice and post
signs in accordance with same.
6. Upon a finding that the conditions of this Article have been satisfied, the
Planning Board may attach such conditions to its recommendations as it
deems necessary to further the purposes and objectives of this article.
7. Variances hereunder may only be issued upon a finding that the
variance requested is the minimum necessary, under the circumstances,
to afford relief.
8. The Planning Board shall deliver a written notice of its recommendation
and any conditions imposed along with the transcript of the proceedings to
the Department of Housing and Buildings which will maintain the records
of all appeal actions, including any technical information and also report
said recommendation with conditions and a transcript of the proceedings
to the City Council for City Council action within 45 days after the Planning
Board adopts a recommendation.
9. The City Council may approve, reject or approve with conditions the
recommendations of the Planning Board.
10. Those aggrieved by the decision of the City Council may appeal such
decision to the Supreme Court pursuant to Article 78 of the Civil Practice
Law and Rules.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
16
GENERAL ORDINANCE
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A GENERAL ORDINANCE AMENDING SECTION 43-130 OF THE
ZONING CODE OF THE CITY OF YONKERS IN REGARD TO NEW
BUILDINGS OR STRUCTURES EXEMPT FROM PROVIDING OFFSTREET
PARKING AND LOADING.
The City of Yonkers, in City Council convened, does hereby ordain
and enact:
Section 1.Section 43-130 of the Zoning Code of the City of
Yonkers, entitled “New buildings or structures exempt from providing offstreet
parking and loading.” is hereby amended, in part, to read as
follows:
“Section 43-130. New buildings or structures exempt from providing
off-street parking and loading.
A. New buildings or structures or enlarged or otherwise altered
buildings or structures in the CB, DW, GC Districts shall be exempt from
providing new or additional off-street parking or loading spaces until
October 6, 2006, provided that no existing off-street parking or loading
spaces provided on the property shall be eliminated or reduced in number,
and except that the location, size or layout of such existing spaces may be
changed in conjunction with the site plan review.
B New Building or structures or enlarged or otherwise altered building
or structures in any historic district, already created at the time this
becomes effective, in the CB, DW, GC Districts shall be exempt from
providing new or additional off street parking and loading spaces for nonresidential
uses (except restaurant and eating and drinking
establishments) with less than or equal to 4000 SF per establishment up
to a total of 9000 square feet in total non-residential uses per building.”
Section 4. Chapter 43 Article X of the Zoning Code of the City of
Yonkers entitled “Off-Street Parking and Loading”, is hereby amended in
part by adding a new Section 138 entitled “ Reduced Parking
Requirements for certain Apartment Houses, Live-Work Buildings,
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
17
GENERAL ORDINANCE (CONTINUED)
Multifamily Dwelling Units and Multiple-family Dwelling Units.” which shall
read as follows:
“Section 43-137. Reduced Parking Requirements for certain Apartment
Houses and Live-Work Units
For new construction of Apartments and Live-Work Units within onequarter
(1/4) of a mile of an active train station used for passenger railtransportation
purposes, the minimum number of required parking spaces
shall be one parking space per apartment or live-work unit.”
Section 5. Chapter 43, Article X of the Zoning Code of the City of
Yonkers is hereby amended in part by adding a new footnote to be 43-4
Schedule of Parking Requirements to read as follows:
“Note: When an apartment unit or a live-work unit is within one quarter
(1/4) mile of an active passenger train station Section 43-138 shall apply.”
Section 6. This Ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
18
SPECIAL ORDINANCE
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is hereby
amended by increasing revenues and appropriations for the Parks Department
for a grant from ASPCA relating to the Construction of the New Yonkers Animal
Shelter.
Increase Estimated Revenues
ASPCA 049-G18-1304-7149 $140,000.00
Increase Appropriation
Parks Dept. – Special Projects 049-G18-1304-0496 $140,000.00
Section 2: The unencumbered balance of such appropriation equals or
exceeds the estimated expenditures the City requires for such purpose during
the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
19
SPECIAL ORDINANCE
5. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the
Planning Department for a grant from NYS Criminal Justice, for the
support of preventing juvenile delinquency, in conjunction with Julia
Dyckman Andrus Memorial.
Increase Estimated Revenues
NYS DCJS 049-G05-8901-7515 $74,199.00
Increase Appropriation
Special Projects 049-G05-8901-0496 $74,199.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
20
RESOLUTION
6. RESOLUTION OF THE YONKERS CITY COUNCIL 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 REGARDING OFF STREET PARKING.
WHEREAS, there is pending before the Yonkers City Council an
ordinance for the amendment of the Zoning Code of the City of Yonkers;
and
WHEREAS, the City Council has determined that the proposed
amendment of the Zoning Code is an Type I Action under the State
Environmental Quality Review Act (“SEQRA”) requiring the City Council to
comply with the regulations promulgated pursuant to SEQRA; and
WHEREAS, an Environmental Assessment Form has been
prepared to assist the City Council in complying with its responsibilities
under SEQRA; and
WHEREAS, The City Council has carefully considered the
proposed action and has reviewed the Environmental Assessment Form
and the criteria set forth in Section 617.7 of 6 NYCRR Part 617 of the
SEQRA regulations and has identified and carefully considered the
relevant areas of environmental concern as are fully set forth in said
Environmental Assessment Form to determine if the proposed action will
have a significant impact upon the environment; and
NOW THEREFORE, BE IT RESOLVED by the Yonkers City
Council that based upon it’s review of the Environmental Assessment
Form and for the reasons set forth in said Environmental Assessment
Form, it is determined that there will be no adverse impact on the
environment from the proposed amendment of the Zoning Code of the
City of Yonkers; and,
BE IT FURTHER RESOLVED, that the Council President is
authorized and directed to sign the Determination of Significance on the
Environmental Assessment Form, on behalf of the City Council pursuant
to Article 8 of the Environmental Conservation Law, indicating that the
proposed action will not result in any significant adverse environmental
impacts and to immediately transmit same to be filed and made available
pursuant to the requirements of 6 NYCRR Part 617; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
21
RESOLUTION (CONTINUED)
BE IT FURTHER RESOLVED, that this Resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
22
RESOLUTION
7. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the City of Yonkers has been awarded a $140,000
grant from the American Society of the Prevention of Cruelty to Animals
for the support of the Yonkers Animal Shelter and the building of the new
animal shelter; and
WHEREAS, the Mayor or the Commissioner of the Department of
Parks, Recreation and Conservation of the City of Yonkers is hereby
authorized to execute any documents necessary to receive such grant;
NOW, THEREFORE BE IT RESOLVED, that the City of Yonkers is
hereby authorized to obtain the funds available under the grant; and be it
further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
23
RESOLUTION
8. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the State of New York, Division of Criminal Justice
Services (DCJS) has selected the City of Yonkers to participate in the
2009 Grant Award for the Juvenile Accountability Block Grant (DCJS #
JB0761206A, Contract Number C612063) from the New York State
Division of Criminal Justice Services for the support of preventing juvenile
delinquency in conjunction with the Julia Dyckman Andrus Memorial; and
WHEREAS, the total amount of this grant shall not exceed $74,199;
and
WHEREAS, the Mayor of the City of Yonkers is hereby authorized
to execute such Grant Agreement; and
NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City
of Yonkers, or his authorized representative, is hereby authorized to
execute the Grant Agreement to provide for the support of preventing
juvenile delinquency in conjunction with the Julia Dyckman Andrus
Memorial for the Department of Planning and Development of the City of
Yonkers and to accept the award of $74,199; and be it further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
24
RESOLUTION
9.. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
EIGHTY SEVEN THOUSAND EIGHT HUNDRED NINETY NINE AND
71/100 DOLLARS ($87,899.71) of the action entitled, "STATE OF NEW
YORK, Plaintiff against THE CITY OF YONKERS, Defendant", for
expenses incurred by the State of New York from a period beginning on or
about March 24, 2003 to the present, for the costs associated with the
clean up and removal of petroleum product which was discharged in the
vicinity of 1130 Nepperhan Ave, on or about June 6, 1989. These
expenses were related to violations of Article 12 of the New York
Navigation Law, and the same hereby is approved and the Comptroller of
the City of Yonkers is directed to draw his warrant in the amount of
EIGHTY SEVEN THOUSAND EIGHT HUNDRED AND NINETY NINE
AND 71/100 DOLLARS ($87,899.71) in favor of said plaintiff the STATE
OF NEW YORK.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
25
RESOLUTION
10. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the Greyston Foundation, Inc. (the “Applicant”) is the
owner of the property located at 54 Warburton Avenue, Yonkers, which
property is also known and designated on the tax assessment map of the
City as 54 AKA 56 Warburton Avenue, Block 2017, Lots 3, 5, 6, 7, 8, 21,
22, 23, and 24 (the “Property”); and
WHEREAS, in July, 2007, on behalf of the Applicant, an application
was filed with the Zoning Board of Appeals for several area variances to
permit the construction of a sixteen (16) story “live-work” building
containing 108 workforce housing units and an approximately 8,200
square foot restaurant together with 147 parking spaces and related
infrastructure on the Property (the “Project”); and
WHEREAS, in October, 2007, persons unrelated to the Applicant
filed an “Application for Landmarking and Historic Districting” pursuant to
the City’s Historic and Landmarks Preservation Law (Chapter 45 of the
Yonkers City Code), requesting the establishment of an historic district
which would encompass the Property and other parcels in the immediate
vicinity of the Property (the “Landmark Application”); and
WHEREAS, the City’s Landmarks Preservation Board (the
“Landmark Board”) referred the Landmark Application to the Planning
Board of the City of Yonkers (the “Planning Board”) for its review and
recommendation as required under the Historic and Landmarks
Preservation Law; and
WHEREAS, on January 9, 2008, after considering the Landmark
Application at two (2) meetings, the Planning Board recommended against
the establishment of a historic district; and
WHEREAS, on February 26, 2008, after considering the Landmark
Application at two (2) meetings, the Landmark Board transmitted a
favorable report to the City Council for the establishment of a historic
district; and
WHEREAS, on April 22, 2008, the City Council voted unanimously
to establish the historic district; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
26
RESOLUTION (CONTINUED)
WHEREAS, in response to the establishment of the historic district,
the Applicant and its consultants redesigned the Project to preserve and
restore the facades of six existing structures located on the Property by
integrating them into the design of the proposed new building; and
WHEREAS, as redesigned, the Project consists of a twelve (12)
story “live-work” building containing 105 workforce housing units and
approximately 8,870 square feet of neighborhood retail space, together
with 151 on-site parking spaces and infrastructure (the “Modified Project”);
and
WHEREAS, on June 6, 2008, the Applicant submitted an amended
application (the “Amended Application”) to the Zoning Board of Appeals
for variances to permit the construction of the Modified Project; and
WHEREAS, the Amended Application also included an expanded
Full Environmental Assessment Form which included an expanded
narrative description of the Modified Project and additional supplemental
materials; and
WHEREAS, on December 24, 2008, an application for Site Plan
and Special Use Permit Approval for the construction of the Modified
Project was filed with the Planning Board (the application for Site Plan
Approval and Special Use Permit collectively referred to as the “Special
Use Permit Application”); and
WHEREAS, on January 9, 2009, the Zoning Board of Appeals,
acting as lead agency under the State Environmental Quality Review Act
for environmental review of the Modified Project and all related actions,
adopted a negative declaration of environmental significance; and
WHEREAS, on January 9, 2009, the Zoning Board of Appeals of
the City of Yonkers granted the Amended Application for variances to
permit construction of the Modified Project; and
WHEREAS, on February 11, 2009, following a duly noticed public
hearing (the “Public Hearing”), the Planning Board adopted a resolution
approving the Site Plan and Special Use Permit Application for the
Modified Project; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
27
RESOLUTION (CONTINUED)
WHEREAS, pursuant to Section 43-51 of the Yonkers Zoning
Ordinance, a Special Permit shall not be valid nor take effect until the City
Council approves the issuance of such Permit by an affirmative resolution;
and
WHEREAS, on February 18, 2009, in accordance with Section 43-
55 of the Yonkers Zoning Ordinance, the City Council received a transcript
of the Public Hearing and a copy of the Planning Board’s Resolution (the
“Findings and Decision”); and
WHEREAS, the City Council has duly considered the Special Use
Permit Application submitted by the Applicant, together with the transcript
of the Public Hearing, the Findings and Decision, and the criteria set forth
in Article VII of the Yonkers Zoning Ordinance; and
WHEREAS, the Modified Project remains subject to review and the
issuance of a Certificate of Appropriateness by the Landmark Board in
accordance with the City’s Historic and Landmarks Preservation Law; and
WHEREAS, no demolition, alterations or construction activities may
take place on the Property prior to the issuance of a certificate of
appropriateness by the Landmark Board;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers, in meeting assembled that the proposed Special Use
Permit should be granted; and be it further;
RESOLVED, that upon the record and findings of the Planning
Board with respect to the application for a Special Use Permit at Block
2017, Lots 3, 5, 6, 7, 8 & 21-24 on the property known as 54 AKA 56
Warburton Avenue, pursuant to Article VII, §§ 43-51, 43-74(C), 43-78 (C)
and Article IX of the Zoning Code of the City of Yonkers, the decision and
actions of the Planning Board are hereby approved, subject to the
following conditions:
(1) All improvements and conditions to the site shall remain in full
force and effect as long as the site remains occupied.
(2) The historic façade elements of the project and the aesthetic
design of the new elements of the project shall remain the responsibility of
the Yonkers Landmarks Preservation Board.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
28
RESOLUTION (CONTINUED)
(3) Each unit shall comply with the New York State Building and
Fire Prevention Code requirements at the time of occupancy. Any change
in use from resident to commercial, or from one commercial use to
another commercial use or from a commercial use to a residential use
shall require a new certificate of occupancy.
(4) No live-work unit is permitted on the first floor of any structure
(5) Vents and other air handling or ventilation equipment, excluding
residential type air conditioning sleeves, shall not be permitted to be
placed upon any principal façade of any live work building.
(6) No signs may be erected in any window or on any wall of the
building except for a one-foot by one foot flush mounted sign at the
building entry for any live-work use within the building. In the case of a
building devoted entirely to live-work units, an exception may be made
and a building identification or name sign may be permitted. Additionally a
three foot by two foot flush mounted directory sign may be permitted at
ground level immediately adjacent to the entrance of the building.
(7) Signage for the first floor commercial uses shall conform to the
Yonkers Sign Code. The initial signage provided for these uses shall be
reviewed by the Planning Board staff to insure a high level of graphic
quality.
(8) This building must conform to all of the conditions pursuant to §
43-78 (C) of the Yonkers Zoning Ordinance, the live-work requirements for
a special use permit.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
29
RESOLUTION
11. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
BE IT RESOLVED, that the following applicant(s) are hereby
appointed and/or reappointed to the office of Commissioner of Deeds for a
period of two years to expire on December 31, 2011.
Virginia Galatioto
7 Truesdale Place
Yonkers, New York 10705
M.H.A. RENEWAL
Frances Brenes
538 Riverdale Avenue
Yonkers, New York 10705
Law Firm NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
30
RESOLUTION
12. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A RESOLUTION AUTHORIZING THE MAYOR OR DEPUTY MAYOR TO
EXECUTE ANY AND ALL DOCUMENTS NECESSARY IN CONNECTION
WITH WESTCHESTER COUNTY’S HOUSING IMPLEMENTATION
FUND ON BEHALF OF ASHBURTON AVENUE I, LP IN SUPPORT OF
THE DEVELOPMENT OF THE ASHBURTON AVENUE HOPE VI SITE,
CONTAINING UP TO APPROXIMATELY 49 DWELLING UNITS FOR
SENIORS ON A PORTION OF THE PROPERTY
WHEREAS, ASHBURTON AVENUE I, LP, an affiliate of The
Richman Group Development Corporation (the “Developer”), the
developer for the Municipal Housing Authority for the City of Yonkers
(“MHACY”) has received site plan, special permit and subdivision
approvals from the Yonkers Planning Board to construct a 4 story building
containing approximately forty nine dwelling units for seniors as well as
community and laundry space, at the address 110-126 Ashburton Ave.,
Block: 2041, Lots:12, 14, 16, 18 and 21 (the “Project”); and
WHEREAS, pursuant to Resolution 143-2009, adopted by the City
Council on September 22, 2009, the City was authorized to convey the
property by Bargain and Sale Deed to the MHACY to lease to the
Developer in an “as-is” condition for the public purpose of providing
relocation housing for the Ashburton Avenue VI Project; and
WHEREAS, pursuant to the MHACY lease to the Developer, the
Developer shall construct the Project; and
WHEREAS, pursuant to Resolution 163-2006 adopted by the City
Council on September 26, 2006, the Mayor was authorized, among other
things, to apply for available funding under the County of Westchester (the
“County”) Housing Implementation Fund; and
WHEREAS, the County has agreed to make such funds available in
support of the Project pursuant to an intermunicipal agreement; and
WHEREAS, so as to comply with the County Housing
Implementation Fund Program, the City must grant an easement or other
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
31
RESOLUTION (CONTINUED)
recordable interest in the property to the County for the public
infrastructure improvements to be located in the public streets.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers that the Mayor or the Deputy Mayor is hereby authorized
to (i) execute any and all documents necessary to enter into an
intermunicipal agreement with the County; (ii) grant an easement or other
recordable interest in the property and adjoining city streets and lands to
the County for the public infrastructure improvements to be located in the
public streets; and (iii) execute any and all other documents necessary
and convenient to carry out this Resolution, including executing and any
other documents, certificates or affidavits as may be approved by the
Corporation Counsel of the City of Yonkers; and be it further
RESOLVED, that this Resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
32
RESOLUTION
13. BY COUNCILMEMBER McDOW; COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHIN,
COUNCILMEMBERS GRONOWSKI, MURTAGH AND BARBATO:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YONKERS
AUTHORIZING THE YONKERS ECONOMIC DEVELOPMENT
CORPORATION TO PROVIDE FINANCIAL ASSISTANCE TO THE
RIVERVIEW II, LP
WHEREAS, the City of Yonkers (the “City”) is tasked with the
responsibility and burden to promote the health, safety and general
welfare of the residents of the City by and among other things preventing
unemployment and economic deterioration including by increasing and
maintaining employment opportunities and attracting and sustaining
economically sound commerce;
WHEREAS, in furtherance of its public purposes, the City has
supported the provision of taxable and tax-exempt financing by the City of
Yonkers Industrial Development Agency (the “Agency”) and of certain
other financial incentives to for-profit entities and not-for-profit corporations
to promote the creation and preservation of employment opportunities for
residents of the City and development of economically sound commerce
consistent with the City’s burdens and responsibilities as expressed
above;
WHEREAS, there are occasions where financial assistance cannot
be provided by the Agency and/or will be delivered in a more cost effective
form through a not for profit corporation recognized by the City;
WHEREAS, the Yonkers Economic Development Corporation (the
“Corporation” or “YEDC”), was formed on May 30, 2007 as a not-for-profit,
local development corporation (“LDC”) pursuant to Section 1411 of the
Not-for-Profit Corporation Law (the “N-PCL”) of the State of New York (the
“LDC Act”) and its Certificate of Incorporation of the Corporation, as filed
by the Department of State May 31, 2007 (the “Certificate of
Incorporation”), for the purposes described in N-PCL Section 1411 and is
anticipated to provide financial assistance to the SFC Yonkers Project
where financial assistance cannot be provided by the Agency and/or will
be delivered in a more cost effective form through the Corporation;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
33
RESOLUTION (CONTINUED)
WHEREAS, like the SFC Yonkers Project, there are portions or
whole projects that may be unable to access financial assistance through
the Agency and/or the financial assistance can be delivered in a more cost
effective form through the YEDC;
WHEREAS, Riverview II Preservation, LP originally had the Agency
issue $28,596,156 Multi-Family Housing Revenue Bonds (Riverview II
Preservation, LP Project), Series 2007 and now desires to refund said
bonds through a bond issuance by YEDC such that the project has access
to this form of financial assistance in the most cost effective manner;
WHEREAS, the Certificate of Incorporation and Bylaws of the
YEDC are presented to this meeting in the form attached; and
WHEREAS, to accomplish its job creation and other economic
development responsibilities and to relieve the governmental burdens
related to same, and to facilitate the ability of for-profit entities and not-forprofit
corporations to access capital for projects that enhance, create and
preserve employment opportunities for residents of the City, the City
desires to task the YEDC with such burdens and responsibilities and
authorize the YEDC to issue bonds on behalf of the City for such purposes
and to work cooperatively with the Agency to achieve such public
purposes; PROVIDED IN NO EVENT SHALL THE DEBTS OF THE YEDC
BE A DEBT OF THE CITY; and
NOW, THEREFORE, BE IT RESOLVED, that the City approves the
Certificate of Incorporation and the Bylaws; and be it
FURTHER RESOLVED, the City hereby designates the YEDC as
and on behalf of issuer of the City for the purposes of issuing bonds to
assist the Riverview II Preservation LP Project with the authority to
exercise on the City’s behalf all lawful powers as may be deemed
necessary to accomplish its public purposes including to enhance, create
and preserve employment opportunities for residents of the City, which
such powers shall include, but not be limited to, those powers described in
N-PCL Section 1411 and the Corporation’s Certificate of Incorporation,
with the power to issue tax-exempt and taxable bonds, notes, or other
obligations in furtherance of the Corporation’s purposes, provided
however that any obligations issued by the YEDC shall never be a debt of
the State of New York, the City or any political subdivision thereof and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
34
RESOLUTION (CONTINUED)
neither the State of New York, the City or any political subdivision thereof
shall be liable thereon; and be it
FURTHER RESOLVED, that this resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
35
COMMITTEE REPORTS
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