AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 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 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 October 13, 2009 approved on motion of
Majority Leader Sandy Annabi.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
2
INDEX
OLD BUSINESS
ITEM DESCRIPTION PAGE
1. LOCAL LAW – RACEWAY PERMIT PARKING 6/8
2. GENERAL ORDINANCE - McMANSIONS 9/12
3. SPECIAL ORDINANCE – CAPITAL IMPROVEMENT 13/16
BUDGET
4. RES- CAPITAL IMPROVEMENT BUDGET (SEQRA) 17
5. RES – McMANSIONS (SEQRA) 18/19
NEW BUSINESS
6. RES – SETTLEMENT – SMITH ($1,000.00) 20
7. RES – SETTLEMENT – OROSZ (2,750.00 21
8. RES – SETTLEMENT – MONTES ($5,000.00) 22
9. RES – SETTLEMENT – SULLIVAN ($15,000.00) 23
10. RES – MUFORD GARDENS – HOPE VI INTER- 24/25
MUNICIPAL AGREEMENT
11. RES- COMMISSIONER OF DEEDS 26/27
12. RES – BANNER – SACRED HEART HIGH SCHOOL 28
13. HONARARIUM – PULASKI ASSOC. 29
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
3
COMMUNICATIONS
1. From Alfred B. DelBello to all Councilmembers, correspondence
dated September 23, 2009 forwarding a request and proposed
ordinance by Stew Leonard’s for an Amendment to the City’s Sign
Ordinance.
REFER TO PLANNING
2. From the Westchester County Planning Board a response to the
City Council’s referral for zone text amendment: Off Street Parking.
Copies on Desks.
3. From the Yonkers Planning Board a response to the City Council’s
referral for McMansion and Downtown Parking Zoning
Amendments. Copies on Desks.
4. From the Yonkers Planning Board SEQRA Lead Agency
Determination/Coordinated Review for the Buena Vista Avenue
Teutonia Development, dated October 16, 2009. Copies on desks.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
4
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
5
PUBLIC HEARING
PROPOSED GENERAL ORDINANCE
A GENERAL ORDINANCE AMENDING VARIOUS SECTIONS OF THE
ZONING CODE OF THE CITY OF YONKERS IN REGARD TO THE
BULK OF DETACHED SINGLE AND TWO FAMILY DWELLINGS AND
AMENDING DEFINITIONS AND USES. (McMANSIONS).
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
6
OLD BUSINESS
LOCAL LAW
1. BY: MINORITY LEADER McLAUGHLIN; COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A LOCAL LAW AMENDING CHAPTER 109 OF THE CODE OF THE CITY
OF YONKERS ENTITLED “VEHICLES AND TRAFFIC” IN REGARD TO
RESIDENTIAL PARKING PERMITS IN THE YONKERS
RACEWAY/EMPIRE CITY NEIGHBORHOOD.
BE IT ENACTED, by the City Council of the City of Yonkers, as
follows:
Section 1.Chapter 109 of the Code of the City of Yonkers entitled
“Vehicles and Traffic” is amended, in part, by adding thereto a new
Section 109-130 entitled “Residential Parking System, Yonkers
Raceway/Empire City Neighborhood” to read as follows:
“Section 109-130. Residential Parking System, Yonkers Raceway/Empire
City Neighborhood.
A.. Authority. In accordance with Section 1640-e of the Vehicle and
Traffic Law of the State of New York and this Code of the City of Yonkers,
the City Council of the City of Yonkers hereby establishes a residential
parking permit system in the Yonkers Raceway/Empire City neighborhood
of the City of Yonkers, notwithstanding the provisions of any law to the
contrary.
B. Findings and purpose. The City Council has found and determined
that residents living in Yonkers Raceway/Empire City neighborhood are
suffering interference with the tranquility and quiet enjoyment of their
neighborhood by reason of patrons, employee and users of the nearby
Yonkers Raceway/Racino who do not use the complimentary parking
spaces and shuttle services available at the Raceway/Racino and who
use the abutting Yonkers residential streets as a free and convenient
alternative, despite the availability of free self parking, valet parking and
continuous shuttle service to the parking spaces. These users park on the
nearby streets for the perceived convenience and accessibility to the
Raceway/Racino. The resulting lack of parking for two hundred and sixty
residents on the streets near their homes in this area has led to traffic
hazards, congestion, noise pollution and litter and debris on the streets,
sidewalks and lawns. These factors necessitate the enactment of a
residential parking system for the residents of this neighborhood.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
7
LOCAL LAW (CONTINUED)
C. Exemption. This section shall not apply to motor vehicles registered
pursuant to Section 400-a of the Vehicle and Traffic Law.
D. Restriction. No vehicles shall be parked in the area generally
bounded within the Yonkers Raceway/ Empire City area of the City of
Yonkers consisting of the following roadways:
(1) Belmont Avenue from Orient Street to Yonkers Avenue;
(2) Boone Street from Central Park Avenue to Dead End;
(3) Clark Street from Central Park Avenue to Orient Street;
(4) Loring Avenue from Central Park Avenue to Orient Street; and
(5) Chamberlain Avenue from Belmont Avenue to Central Park Avenue
unless said vehicle has prominently displayed a permit, obtained from the
Parking Violations Bureau of the City of Yonkers, properly affixed to the
automobile, allowing parking in said area, for the period of seven days per
week, from 10 a.m. until 4 a.m. the following morning, each and every day
of the year.
E. Permit fees. The Parking Violations Bureau of the City of Yonkers
shall have available for issuance blank permits to be used in this area, at
least 20% of which shall be available to be purchased by nonresidents of
the Raceway/Empire City parking area. The permit fees shall be paid for
any calendar year or part thereof and be set as $25 for residents and $50
for nonresidents of the City. The moneys received from said fees shall be
credited to the general fund of the City of Yonkers.
F. The City of Yonkers shall post appropriate signs to be
conspicuously posted in the area advising the public of the restricted
permit parking.
G. Penalties. A violation of this provision shall subject the violator to
pay a fine not to exceed $65.”
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
8
LOCAL LAW (CONTINUED)
Section 2. This local law shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
9
GENERAL ORDINANCE
2. BY: COUNCILMEMBER BARBATO; COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS McDOW, GRONOWSKI AND MURTAGH:
The City of Yonkers, in City Council convened, does hereby ordain and
enact:
Section 1.General Ordinance No. 4-2000 and the accompanying map,
also known as Chapter 43 of the Code of the City of Yonkers and more
commonly known as the Zoning Code of the City of Yonkers, is hereby generally
amended and revised in part as follows:
“Section 43-8 of the Code of the City of Yonkers entitled “Definition of Terms”
is hereby amended in part by the addition of the following terms to be placed in
alphabetical order within the section:
BASEMENT – The portion of a building that is partly or completely below grade.
A basement shall be counted as a story if the distance between the grade and
elevation to the floor immediately above equals or exceeds
a. More than 6 feet above grade elevation;
b. More than 6 feet above the finished grade elevation for more than fifty percent
(50%) of the total building perimeter; or
c. More than 12 feet above the finished ground level at any point (See Illustration
#4.)
Dormer - Any structure whose framing projects out of a sloping roof to form a
vertical wall suitable for windows or other openings.
Gross Floor Area
a) For detached single- and two-family homes - the sum of the
gross horizontal areas of the several floors and mezzanine floors of a building
and its accessory buildings on the same lot. All dimensions shall be measured
between exterior faces of walls.
b) For all other buildings - the sum of the gross horizontal areas of the several
floors and mezzanine floors of a building and its accessory buildings on the same
lot, excluding basement or cellar area devoted to parking and mechanical
equipment space. All dimensions shall be measured between exterior faces of
walls.”
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
10
GENERAL ORDINANCE (CONTINUED)
Section 2. Table 43-3 of the Table of Dimensional Regulations for
Dimensional Regulations for Residential Uses is hereby amended in part, by amending
the regulations regarding Side yard and Floor Area Ratio for Single and Two-Family
Dwellings to read as follows
“S-200 S-100 S-75 S-60 S-50 T
Side yard; one/both (feet)
Single and two-family dwellings 20/40 15/30 11/23 8/17 6/15 6/15
Side yard; one/both (feet) MG M A B BA
Single- and two-family dwellings 6/15 6/15 6/15 6/15 6/15
Floor Area Ratio S-200 S-100 S-75 S-60 S-50 T
Single and two – family dwelling
Base F.A.R. .56 .56 .60 .68 .75 1.00
Portion of lot exceeding:
5,000sf4 … … … … .50 .67
6,000sf … … .46 … …
7,500sf … … .40 … … …
10,000sf … .38 … … … …
20,000sf .38 … … … … …
Floor Area Ratio MG M A B BA
Single- and two-family dwellings
Base F.A.R. 1.00 1.00 1.00 1.00 1.00
Portion of lot exceeding ;
5,000sf4 .67 .67 .67 .67 .67
Footnote 4: For single and two –family dwellings, the floor area ratio for the lot area that
exceeds the minimum lot size in that zone will be sixty seven percent (0.67) of the
zone’s base F.A.R.)”
Section 3. Section 43 – 34 of the Code of the City of Yonkers entitled
“Supplemental regulations for certain residential uses”, specifically, is hereby amended
in part by the addition of new section 43-34 (H) entitled “Detached Single and Two –
Family Dwellings” to read as follows:
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
11
GENERAL ORDINANCE (CONTINUED)
(H) Detached Single- and Two-Family Dwellings: Detached single- and twofamily
dwelling in all residential districts shall be subject to the following
additional regulations:
a) Side Setback Plane. Except as provided in subsection B, below, an inwardly
sloping 45-degree angle side setback plane begins at a horizontal line 20-feet
directly above each side setback line. The 20-foot height of the horizontal line is
established for 40-foot deep portions of the lot beginning at the front setback line
and extending to the rear of the lot, except that the last portion at the rear of the
lot may be less than 40 feet deep. (see Illustration ). The side setback plane
may be rotated ninety degrees on the lot and provided as a front/rear set back
plane to accommodate alternative lot orientations. In such cases, no side setback
plane is required.
b) Exceptions to the side setback plane and rear setback plane requirements:
The requirements of the side and rear setback planes shall not apply to:
i) Dormers that do not exceed fifty (50) percent of the horizontal area of
the roof upon which they are located;
ii) Radio or television antennae
iii) Chimneys or vents
Provided that such features shall exceed the required plane only to the extent
necessary to accomplish the purpose for which they are intended to serve.
c) Side Wall Articulation. A side wall of a building that is more than 15 feet tall
and is an average distance of 15 feet or less from a side lot line may notextend in
an unbroken plane for more than 30 feet along a side lot line. To break the
plane, a wall articulation of not less than two (2) feet for a distance of not less
than ten (10) feet is required. (See Illustration ).
d) Maximum exposed wall height. The maximum exposed height of any wall of
a detached single- or two-family dwelling shall be 35 feet as measured from the
finished grade at the base of the wall to the eave.(See Illustration.)
e) Administrative relief permitted. The Commissioner of Housing and Buildings
shall have the power to grant, in a S-200, S-100, S-75, S-60, S-50, or a T zone,
a permit for alteration or extension not exceeding two thousand five hundred
(2,500) cubic feet to an detached single- or two-family dwelling, wherein front
yard, side yard, rear yard or FAR requirements are at variance with the
provisions of this chapter, provided that the applicant for such a permit shall file
with the Commissioner written and notarized consents for such alteration or
extension of the immediately abutting lot owners. The administrative relief shall
be specifically noted on the certificate of occupancy for the building and only one
such permit shall be granted. Any additional alterations or extensions in variance
with the zoning code may be granted only after compliance with Article VIII,
Variances, of the Yonkers Zoning Code.”
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
12
GENERAL ORDINANCE (CONTINUED)
Section 4. These amendments to the Zoning Code of the City of
Yonkers shall take effect immediately, excepting completely filed plans for
construction or alteration of detached single or detached two family dwellings,
filed before the effective date of these amendments, shall be exempt from these
requirements.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
13
SPECIAL ORDINANCE
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
BOND ORDINANCE OF THE CITY OF YONKERS, NEW YORK
AUTHORIZING FISCAL YEAR 2009/10 FUNDING FOR VARIOUS
CAPITAL PROJECTS INCLUDED IN THE CAPITAL BUDGET FOR THE
CITY AND BOARD OF EDUCATION; STATING THE TOTAL
ESTIMATED MAXIMUM COST THEREOF IS $53,382,929;
APPROPRIATING SAID AMOUNT THEREFOR; AND AUTHORIZING
THE ISSUANCE OF $53,382,929 BONDS OF SAID CITY TO FINANCE
SAID APPROPRIATION.
THE CITY COUNCIL OF THE CITY OF YONKERS, IN THE COUNTY OF
WESTCHESTER, NEW YORK, HEREBY ORDAINS (by the favorable
vote of not less than two-thirds of all the members of said City Council) AS
FOLLOWS:
Section 1. The City of Yonkers, in the County of Westchester, New
York (herein called “City”), is hereby authorized to finance the cost of
various capital projects as referenced in column A of the attached
schedule, each as more fully described in column F of the attached
schedule. For each of the objects or purposes, as specified in column A
of the attached schedule, the respective estimated maximum costs,
including preliminary costs and costs incidental thereto and to the
financing thereof, are set forth in column B of the attached schedule, and
said respective amounts are hereby appropriated therefor pursuant to the
duly adopted Capital Budget for fiscal year 2009/10 of the City and Board
of Education. The plan of financing includes the issuance of $53,382,929
aggregate principal amount of bonds of the City and any bond anticipation
notes issued in anticipation of the sale of such bonds to finance said
appropriations, and the levy and collection of taxes on all the taxable real
property in the City to pay the principal of and interest on said bonds and
notes as the same shall become due and payable. Any amounts received
by the City or Board of Education from the United States of America
and/or the State of New York are hereby authorized to be expended, as
referenced column D of the attached schedule, towards the cost of the
applicable objects or purposes or the redemption of any notes and bonds
issued therefor or to be budgeted as an offset to the taxes for the
repayment of the principal of and interest on said notes and bonds.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
14
SPECIAL ORDINANCE (CONTINUED)
Section 2. Bonds of the City in the respective principal amounts set
forth in column C of the attached schedule are hereby authorized to be
issued, pursuant to the provisions of the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New York (herein
called the “Law”), to finance said appropriations.
Section 3. The respective periods of probable usefulness for said
objects or purposes for which said bonds herein authorized are to be
issued, within the limitations of the applicable paragraphs under §11.00 a.
of the Law, is set forth in column E of the attached schedule.
Section 4. Each of the bonds authorized by this ordinance and any
bond anticipation notes issued in anticipation of the sale of said bonds
shall contain the recital of validity as prescribed by Section 52.00 of the
Law and said bonds and any notes issued in anticipation of said bonds,
shall be general obligations of the City, payable as to both principal and
interest by general tax upon all the taxable real property within the City
without limitation of rate or amount. The faith and credit of the City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and any notes issued in anticipation of the sale of
said bonds and provision shall be made annually in the budget of the City
by appropriation for (a) the amortization and redemption of the bonds and
any notes in anticipation thereof to mature in such year and (b) the
payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this ordinance and of the
Law and pursuant to the provisions of Section 30.00, Section 50.00,
Sections 56.00 to 60.00, and Section 168.00 of the Law, the powers and
duties of the City Council relative to authorizing bond anticipation notes
and prescribing the terms, form and contents and all other powers or
duties pertaining or incidental to the sale and issuance of the bonds herein
authorized and of any bond anticipation notes issued in anticipation of said
bonds, and the renewals of said notes, and the power to enter into
agreements for credit enhancement for said bonds and notes, are hereby
delegated to the Commissioner of Finance & Management Services of the
City.
Section 6. Pursuant to the provisions of Section 17 of the Special
Local Finance and Budget Act of the City of Yonkers constituting Chapters
488 and 489 of the Laws of 1976 of the State of New York (herein called
the “Act”), the City is authorized and directed to include the following
pledge and agreement of the State of New York (herein called the “State”)
contained in said Section 17 in this ordinance, and the Act provides that
upon payment for the Bonds by the original and all subsequent holders
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
15
SPECIAL ORDINANCE (CONTINUED)
thereof the inclusion of such pledge and agreement shall be deemed
conclusive evidence of valuable consideration received by the State and
City for such pledge and agreement and of reliance upon such pledge and
agreement by any holder and that any action by the State contrary to or
inconsistent with the provisions of such pledge and agreement shall be
void:
“The state does hereby pledge to and agree with the holders of
obligations of the city issued pursuant to the local finance law or this act
that the state will not (a) repeal, revoke, repudiate, limit, alter, stay,
suspend or otherwise reduce or rescind or impair the power or duty of the
city to exercise, perform, carry out and fulfill its responsibilities under this
act to the extent that the city incorporates in any bond ordinance or credit
agreement covenants and agreements to so exercise, perform, carry out
and fulfill such responsibilities, (b) repeal, revoke, repudiate, limit, alter,
stay, suspend or otherwise reduce or rescind or impair the rights and
remedies of any such holders to fully enforce in a court of law such
covenants and agreements so incorporated in the bond ordinance or
credit agreement or to enforce the pledge and agreement of the state
contained in this section, or (c) otherwise exercise any sovereign power
contrary to or inconsistent with the provisions of such bond ordinance or
credit agreement, it being hereby determined and declared that the
provisions of this act and the powers and duties of the city authorized and
imposed hereunder are proper, reasonable and appropriate means by
which the state can and should exercise and has exercised its duty under
section twelve of article eight of the constitution to prevent abuses by the
city in taxation and in the contracting of indebtedness and that the
provisions hereof are necessary and in the public interest and proper
means to improve market reception for the purchase of bonds and other
obligations of the city; provided, however, the foregoing pledge and
agreement shall be of no further force and effect if at any time there is on
deposit in a separate trust account with the fiscal agent sufficient moneys
or direct obligations of the United States of America or the state the
principal of and/or interest on which will provide moneys to pay punctually
when due at maturity or prior to maturity by redemption in accordance with
their terms all principal and interest on all such obligations of the city
outstanding, (i) irrevocable instructions from the state and city to the fiscal
agent for such payment of such principal and interest with such moneys
have been given, and (ii) notice to the holders of such obligation as
provided in the bond ordinance or credit agreement has been given, and
provided further that such pledge and agreement by the state may be
temporarily suspended upon the declaration of martial law in the city in the
event of circumstances in the city deriving directly out of a natural disaster
(such as an earthquake or major conflagration or flood but not a
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
16
SPECIAL ORDINANCE (CONTINUED)
snowstorm) or civil disturbance (such as military invasion or civil
insurrections but not strikes or crises created by financial abuses or
economic events).”
Section 7. The validity of the bonds authorized by this ordinance
and of any notes issued in anticipation of the sale of said bonds, may be
contested only if:
(a) such obligations are authorized for an object or purpose for which
the City is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of
the publication of such ordinance are not substantially complied with, and
an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Section 8. This bond ordinance shall take effect immediately, and
the City Clerk is hereby authorized and directed to publish the foregoing
ordinance, in full, together with a Notice attached in substantially the form
prescribed by §81.00 of the Law in “THE JOURNAL NEWS,” a newspaper
published in Yonkers, New York, and in “YONKERS RISING published in
Yonkers, New York, each having a general circulation in the City and
hereby designated the official newspapers of said City for such
publication.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
17
RESOLUTION
4. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the City of Yonkers City Council is the only agency
empowered to approve the Yonkers Capital Budget and amendments and
the bond ordinances which fund the plan, and as such is the lead agency
for SEQRA approval of all aspects of the Capital Budget:
WHEREAS, the proposed projects for the FY 2009 and 2010
Capital Budget was Type II actions except for the Ashburton Avenue
Renewal Project which has a 2006 EIS. Type II actions are those activities
that have been defined in Part 617, the statewide implementing regulation
pertaining to SEQRA, for requiring no further environmental actions.
NOW, THEREFORE, the City Council hereby issues a negative
declaration that the projects in the Capital Budgets for Fiscal Year
2009/2010 except for the projects noted above will not result in any
significant adverse environment impacts.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
18
RESOLUTION
5. BY: COUNCILMEMBER BARBATO: COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS McDOW, GRONOWSKI AND MURTAGH
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 VARIOUS SECTIONS OF THE
ZONING CODE OF THE CITY OF YONKERS.
WHEREAS, there is pending before the Yonkers City Council an
ordinance for the amendments of the Zoning Code of the City of Yonkers,
specifically § 43-8, Table 43-3 and §43-34 ; and
WHEREAS, the City Council has determined that the proposed
amendments 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 actions 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 actions 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 amendments 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
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
19
RESOLUTION (CONTINUED)
proposed actions 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
BE IT FURTHER RESOLVED, that this Resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
20
NEW BUSINESS
RESOLUTION
6. 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 00/100 ($1,000.00), of the action entitled, "In the
Matter of the Claim of Annie G. Smith, (residing at 678 Warburton
Avenue, Yonkers, New York) claimant against The City of Yonkers,
Respondent", for an alleged accident that resulted in property damage
incurred to her vehicle, by a City of Yonkers vehicle on the 23rd of April,
2009, 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 00/100 ($1,000.00), in favor of said claimant.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
21
RESOLUTION
7. 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
TWO THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO
CENTS ($2,750.00) of the claim entitled, "IN THE MATTER OF THE
CLAIM OF ROBERT B. OROSZ AND VERONICA I. OROSZ, (residing at
23 Hillview Avenue, Yonkers, New York) claimants against THE CITY OF
YONKERS, respondent", for property damage arising out of an accident in
which it is alleged that a City vehicle (a front end loader) backed into their
vehicle causing damage on July 13, 2009, 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 TWO THOUSAND SEVEN HUNDRED
FIFTY DOLLARS AND NO CENTS ($2,750.00) in favor of said claimants.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
22
RESOLUTION
8. 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
Five Thousand Dollars ($5,000.00) of the action entitled, “Josephine
Montes, (residing at 123 Linden Street, Yonkers, NY 10701), Plaintiff
against THE CITY OF YONKERS, Defendant", for emotional injuries
arising out of an incident on March 31, 2005 when plaintiff’s apartment
was searched by Yonkers Police Officers, 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 Five Thousand Dollars ($5,000.00) in favor of
said plaintiff and her attorney Rosenbaum & Rosenbaum, P.C., 110 Wall
Street, 21st Floor, New York, New York 10005.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
23
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
Fifteen Thousand Dollars (15,000.00) of the action entitled, “CARLOS
SULLIVAN, Individually and as Legal Guardian of Infant, FRANCESCA
COLLAZO and Infant, VICMARIE ARCE, ZULEYKA SULLIVAN and
THOMAS COLLINS, (residing 363 Walnut Street - Apt 1N, Yonkers, New
York 10701), Plaintiffs against THE CITY OF YONKERS, Defendant", for
damage arising out of an incident alleging that on June 14, 2007 Yonkers
Police Officers improperly conducted a search of plaintiffs residence, 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 Fifteen Thousand
Dollars ($15,000.00) in favor of said plaintiffs and their attorneys Hecht,
Kleeger, Pintel & Damashek, 19 West 44th Street, Suite 1500, New York
10036.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
24
RESOLUTION
10. 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 MULFORD I, LP IN SUPPORT OF THE
DEVELOPMENT OF THE MULFORD HOPE VI SITE, CONTAINING UP
TO APPROXIMATELY 100 DWELLING UNITS ON A PORTION OF THE
PROPERTY
WHEREAS, MULFORD 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 mixture of 4-6 story elevator
buildings, 2-3 story garden walk-up apartments, town houses, and single
family homes along with pocket parks, two community buildings that will
accommodate management staff, resident amenities and meeting space,
for approximately one hundred dwelling units (the “Project”); and
WHEREAS, pursuant to Resolution 144-2009, 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 Mulford I Hope VI Project; and
WHEREAS, pursuant to the MHACY lease to the Developer, the
Developer shall construct the Project; and
WHEREAS, pursuant to Resolutions 42-2009, 43-2009, 44-2009,
45-2009, and 46-2009 each adopted by the City Council on April 14, 2009,
the Mayor was authorized, among other things, to apply for available
funding under the County of Westchester (the “County”) Housing
Implementation Fund for the property commonly referred to as “Mulford
Hope VI Sites ‘D’, ‘E’ and ‘I’ (also known as the “Vineyard Firehouse
Site”)”; and
WHEREAS, the County has agreed to make such funds available in
support of the Project pursuant to an intermunicipal agreement; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
25
RESOLUTION (CONTINUED)
WHEREAS, so as to comply with the County Housing
Implementation Fund Program, the City must grant an easement or other
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, OCTOBER 27, 2009
26
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.
Theresa O’Gorman
517 Riverdale Avenue
Yonkers, New York 10705
Law Firm RENEWAL
Vincent A. Massaro
21 Hillbright Terrace
Yonkers, New York 10703
City of Yks RENEWAL
Sinthya Gertrudys Gonzalez
538 Riverdale Avenue
Yonkers, New York 10705
Law Firm RENEWAL
Yohany Garcia
538 Riverdale Avenue
Yonkers, New York 10705
Law Firm NEW
M. Ruth Hunt
440 Warburton Avenue 4L
Yonkers, New York 10703
Julia Dyckman RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
27
RESOLUTION (CONTINUED)
Arlene Bonante
37 Carlton Avenue
Yonkers, New York 10710
Real Estate RENEWAL
Kelly Ann O’brien Kelly
80 Grassy Sprain Road
Yonkers, New York 10710
COY NEW
Jeanett Chantal Carrillo
90 Park Hill Avenue Apt#3
Yonkers, New York 10701
Secretary NEW
Alice Manix
25 Abbott Street
Yonkers, New York 10703
COY RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
28
RESOLUTION
12. BY COUNCIL MEMBER GRONOWSKI: COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, MINORITY LEADER
McLAUGHLIN, COUNCILMEMBERS McDOW, MURTAGH AND
BARBATO:
WHEREAS, Sacred Heart High School has an up coming
production called “Lost in Yonkers” November 20, 21, and 22, 2009.
Sacred Heart High School has requested permission from the City Council
to place a banner in an area promoting this event, and
WHEREAS, Sacred Heart High School has asked that they be
permitted to place one (1) banner on the corner of North Broadway and
Gateway Road on or before October 28, 2009 and to be removed as soon
after November 23, 2009 as is possible.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to Sacred Heart High School to
place one banner in the aforementioned location, subject to any terms and
conditions deemed appropriate by the Administration to protect the best
interests of the City of Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
29
RESOLUTION
13. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the City of Yonkers is truly blessed and privileged to
have a spectacularly beautiful montage of communities that proudly
represent many nations from all over the world making the City of Yonkers
a splendidly diverse display of “citizens of the world”; and
WHEREAS, foremost among these groups is the Polish American
Community which has made countless noteworthy contributions to this city
and our county endlessly seeking to promote the cherished traditions that
have endured for many generations; and
WHEREAS, the annual observance of PULASKI DAY is a time of
celebration and remembrance with a healing, uplifting spirit of love and
compassion that touches the hearts of many; and
WHEREAS, the many Polish Americans in our community and
beyond are firmly committed to bettering the quality of life for all who live
and work in our beloved city, most especially for those who treasure the
storied history of the Polish American men, women and children who have
endeavored so tirelessly to add their magnificently rich culture to the
special tapestry that defines life in Yonkers; and
WHEREAS, adding to this illustrious history with great pride and
admiration are: Parade Grand Marshal Anna O’Lear; Miss Polonia
Jennifer K. Pitt; Coordinator Stephen M. Schurick; Community Service
Recognition Edward Sroka, Zygmunt Zielinski; John Ulanski and Veronica
(Ronnie) Trancynger Fillo;
NOW, THEREFORE, BE IT RESOLVED that the Yonkers City
Council hereby joins the Westchester Pulaski Association in honoring
these distinguished individuals and extends its most sincere thanks to all
who have worked with a never-ending passion to make such extraordinary
contributions to this city and each of its residents.
