CITY COUNCIL OF THE CITY OF YONKERS TUESDAY, OCTOBER 27, 2009 at 7:30pm

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.

Yonkers Community Development Agency Board Meeting Tuesday October 27th at 5:15pm

Yonkers Community Development Agency Board Meeting - UPDATED INFORMATION
10/27/2009 5:15 PM - 6:15 PM
City Hall - Mayor Reception Room, 2nd Floor
40 South Broadway
Yonkers, New York 10701

The Yonkers Community Development Agency Board Meeting

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 March 6th, Board Minutes

Old Business

1. RESOLUTION OF THE YONKERS COMMUNITY DEVELOPMENT AGENCY APPROVING URBAN RENEWAL LAND DISPOSITION AGREEMENT FOR SFC PROJECT AND DISPOSITION OF LANDS

2. RESOLUTION OF THE YONKERS COMMUNITY DEVELOPMENT AGENCY ADOPTING ENVIRONMENTAL FINDINGS FOR APPROVAL OF URBAN RENEWAL LAND DISPOSITION AGREEMENT AND DISPOSITION OF LANDS FOR SFC PROJECT

New Development Website for Buena Vista PUR

http://www.buenavistapur.com/

Journal News Op-Ed on SFC Yonkers Downtown Development

http://www.lohud.com/article/20091019/OPINION/910190312/1015/OPINION01/Yonkers--downtown-plan-gets-adjustment

Green Policy Task Force Meeting for Wednesday, Oct. 21, 2009 6:30 PM Room 403

Please be advised that a Green Policy Task Force Meeting has been scheduled for Wednesday, Oct. 21, 2009 at 6:30 PM in Room 403, Yonkers City Hall, 4th Fl.

1. Energy

- Curtis Karmaz of Mercury Solar Systems to discuss solar energy.

- Westchester County's methane gas emissions program

- GPTF and Quality of Life Day

2. Transportation

- Bus grant with Anna Sollozzo from YPS updating GPTF

- Idling law update

3. Recycling

- Yonkers compost site usage

- Master recycling program update

- Paper recycling in the schools

- Downtown Program for recycling report

- Warburton Ave. recycling

4. Land Use

- Goals for 2010

Budget Committee Meeting for Tuesday, October 20th, 2009 7:00 P.M

Please be advised that we have scheduled a Budget Committee Meeting for Tuesday, October 20th, 2009 at 7:00 P.M. in the City Council Chambers, 4th Floor, City Hall.

The following item(s) will be discussed:

1. Continued discussions on the Capital Improvement Budget ( CIP)
2. Misc. –to consider any other item(s) that may properly come before the Committee.

We are requesting that this meeting be televised.

Rules Committee Meeting City of Yonkers Tuesday October 20th 6:30pm

Rules Committee
10/20/2009 6:30 PM
Yonkers City Hall
40 South Broadway
Yonkers, New York 10701

NO AGENDA AVAILABLE AT TIME OF POSTING

White Plains and Yonkers Get Money for Green Energy Projects

http://www.lohud.com/article/20091018/NEWS02/910180345/1246/NEWS0224/Solar-panels-and-geothermal-wells-coming-to-Yonkers--White-Plains-housing

Zoning Board of Appeals City of Yonkers Meeting Tuesday October 20th 6pm

Zoning Board of Appeals
10/20/2009 6:00 PM
City Council Chambers
City Hall-4th Floor
Yonkers, New York 10701

AGENDA FOR ZONING BOARD OF APPEALS

PLEASE TAKE NOTICE: A Public Hearing will be held before the Zoning Board of Appeals of the City of Yonkers on TUESDAY, OCTOBER 20, 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:

# 5144-A – Area Variance – Miguel A. Sostre, Architect, on behalf of N. James Sayegh (owner), on premises known as 381 aka 385 Palisade Avenue, Block: 2159 Lot: 47, Zone: “MG”.

#5157 – Area Variance & Improvement/Intensification of a Non-Conforming Use – Smith, Buss & Jacobs on behalf of Bharat Gandhi (owner), on premises known as 322 Yonkers Avenue, Block 388, Lot 100, Zone: “I”.

#5162 – Use & Area Variance – Snyder & Snyder LLP on behalf of Parkledge Apartments (owner) & T-Mobile Northeast, LLC (lessee), on premises known as 220 a/k/a 230 Yonkers Avenue, Block 405, Lots 29-33, Zone: “BA”.

#5163 – Use & Area Variance – Snyder & Snyder LLP on behalf of 61-65 Central Avenue, LLC (owner) & T-Mobile Northeast , LLC (lessee), on premises known as 61-65 Central Park Avenue, Block 6004, Lot 1, Zone: “B”.

#5164 – Area Variance – James G. Dibbini, Esq., on behalf of Catherine La Banca (owner), on premises known as 2 Royal Street, Block 5190, Lot 13, Zone: “T”.

# 5172 – Area Variance – Mario Canteros, Architect on behalf of Jimmy Rugova (owner), on premises known as 215 Sommerville Place, Block: 2438 Lot: 25, Zone: “M”.

# 5173 – Area Variance - Mario Canteros, Architect on behalf of Jimmy Rugova (owner), on premises known as 221 Sommerville Place, Block: 2438 Lot: 23, Zone: “M”.

# 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”.

# 5179- Area Variance – John Imhof on behalf of Thepchai Vechkulwrapan (owner), on premises known as 629 aka 631 McLean Avenue, Block: 6002 Lot: 75, Zone: “B”.

# 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”.

# 5181 – Improvement of a Non-conforming Use – Andrew Romano, Esq. on behalf of City Harvest Church (owner), on premises known as 44 Hudson Street, Block: 502 Lot: 1, Zone: “DWD”.

# 5182 – Area Variance – James G. Dibbini, Esq. on behalf of Elm Street Yonkers LLC (owner), on premises known as 161 Elm Street, Block: 452 Lot: 30, Zone: “B”.

# 5183 – Area Variance – Lana & Coppola on behalf of Ellen Pellegrino (owner), on premises known as 105 Candlewood Drive, Block: 4469 Lot: 57, Zone: “S-60”.

# 5184 – Area Variance – Lana & Coppola on behalf of Pasquale Pellegrino (owner), on premises known as 32 aka 30 Thurman Street, Block: 459 Lot: 20, Zone: “M”.

# 5185 - Use Variance – Snyder & Snyder on behalf of FDR Limited Co. (owner), & SMSA Limited Partnership d/b/a Verizon Wireless (lessee), on premises known as 57 Fullerton Avenue, Block: 5056 Lot: 9, Zone: “I”.

NEW HEARINGS

# 5186 – Area Variance – Andrew Romano, Esq. on behalf of Leslie & Francis Prtit (owners), to construct a new 1-story addition, containing an extension of kitchen, mudroom & bath. Having insufficient side yard, as per Section 43-27, Table 43-3 (required 5’; proposed 3’), on premises known as 233 Westchester Avenue, Block: 4698 Lot: 29, Zone: “S-50”.

# 5187 – Area Variance – Andrew Romano, Esq. on behalf of Jerzy Karpiak (owner), for interior alterations to convert an existing 2-family dwelling into a 3-family dwelling. Having insufficient side yard & total of side yards, as per Section 43-27, Table 43-3 (required 12/25; proposed 10/23), on premises know as 742 Palisade Avenue, Block: 3036 Lot: 17, Zone: “M”.

# 5188 – Area Variance – Andrew Romano, Esq. on behalf of Design Builders Pension (owner), to legalize the enclosed porch, having insufficient side yard, as per Section 43-27, Table 43-3 (required 3.44/11.88’; proposed 0.6’/3.88’), on premises known as 174 Sterling Avenue, Block: 6287 Lot: 37, Zone: “T”.

# 5189 – Area Variance – Andrew Romano, Esq. on behalf of 851 Bronx River Wines & Liquors (owner), for interior alteration to convert an insurance office into a wine & liquor store. Having insufficient parking, as per Section 43-127, Table 43-4 (required 7 spaces; proposed 5 spaces (credit for office use)), on premises known as 851 Bronx River Road, Block: 5250 Lot: 48, Zone: “BR”.

# 5190 – Area Variance & Improvement to a Non-Conforming Use Michael McCann, Architect on behalf of Marcos Rada (owner), to legalize the enclosed porches at the rear of the existing dwelling & the addition of a covered open deck in the rear of the 1st floor. Having insufficient side yard, as per Section 43-27, Table 43-3 (required 16’ minimum/322’ total; proposed 5’ minimum/5’ total). Improvement to a non-conforming use requires the Zoning Board of Appeals approval as per Section 43-21G, on premises known as 151 Buena Vista Avenue, Block: 510 Lot: 38, Zone: “CM”.

#5131-B – Area Variance – James J. Veneruso, Esq. on behalf of Deirdre O’Marra (owner), for interior alterations to convert an existing vacant retail space into a dance studio. Having insufficient parking, as per Section 43-128, Table 43-4 (required 5 additional spaces; proposed 0 spaces), on premises known as 641 aka 643 McLean Avenue, aka 68 South DeVoe Avenue, Block: 6004 Lot: 68, Zone: “B”.

JOSEPH CIANCIULLI

CHAIRMAN, ZB

High Court Listens to Eminent Domain Arguments in the Atlantic Yards Project

http://cityroom.blogs.nytimes.com/2009/10/14/high-court-hears-arguments-in-atlantic-yards-case/

Sale of Atlantic Yards Questioned by DDDB

http://cityroom.blogs.nytimes.com/2009/10/13/suit-challenges-sale-of-land-to-atlantic-yards-developer/?scp=2&sq=ratner&st=cse

Yonkers City Council Votes 5-2 on SFC Project

http://www.lohud.com/article/20091015/NEWS02/910150397/1246/NEWS0224/Yonkers-City-Council-approves--1.5-billion-downtown-redevelopment-deal

http://www.lohud.com/article/20091014/NEWS02/910140380/1246/NEWS0224/Yonkers-Council-OKs--1.5-billion-downtown-project

http://yonkerstribune.typepad.com/yonkers_tribune/2009/10/yonkers-city-council-approves-sfc-development-project.html

http://yonkerstribune.typepad.com/yonkers_tribune/2009/10/the-promise-of-economic-development-by-hezi-aris.html

Landmarks Preservation Board Field Meeting 10/17/2009 9:00 AM

Landmarks Preservation Board Field Meeting
10/17/2009 9:00 AM
Cedar Knolls Histroric District

IDA Governance Committee Meeting Thursday at 8:30pm

IDA Governance Committee Meeting
Thursday, October 15, 2009
8:30 a.m.
Mayor's Reception Room

No Agenda Available at Time of Posting

Planning Board Meeting Wednesday 14th October at 8pm

Planning Board Meeting
10/14/2009 5:30 PM
City Hall - City Council Chambers
40 South Broadway

NO AGENDA AVAILABLE AT TIME OF POSTING

Alexander Street Public Presentation Wednesday at 8pm

Alexander Street Design Guidelines Public Presentation
10/14/2009 6:00 PM - 8:00 PM
Riverfront Library - Auditorium
1 Larkin Plaza
Yonkers, New York 10701

http://www.cityofyonkers.com/?page=1827&recordid=3434&returnURL=%2findex.aspx

Affordable Housing that Claims to be Green in Stamford Connecticut

http://www.nytimes.com/2009/10/11/realestate/11wczo.html?ref=realestate

Larry Silverstein interview in the New York Times

http://www.nytimes.com/2009/10/11/realestate/commercial/11sqft.html?_r=1&ref=realestate

City Council Meeting Tuesday October 13th 8pm

CITY COUNCIL MEETING - SFC Development & Other Business
10/13/2009 8:00 PM - 10:00 PM
CITY COUNCIL CHAMBERS
40 SOUTH BROADWAY
YONKERS, New York 10701

Agenda - 10-13-2009

The City Council will be considering the final Land Disposition Agreement (LDA) for the SFC Downtown Redevelopment proposal. Detailed information can be reviewed in the documents below.

http://www.cityofyonkers.com/?page=1827&recordid=3454&returnURL=%2findex.aspx

The Land Disposition Agreement between the City of Yonkers and SFC is Finally online at Yonkers Tribune

Follow the Link to read the documents:

http://yonkerstribune.typepad.com/yonkers_tribune/2009/10/supporting-documents-regarding-land-disposition-agreement-available-herein.html

Yonkers Landmarks Meeting Cancelled Tonight Wednesday October 7th

Landmarks Pres Board Mtg.--Cancelled to Oct. 17, 9am in field
10/7/2009 7:00 PM
City Hall - Ceremonial Court Room
40 South Broadway

Some in Yonkers Question SFC Deal on Affordable Housing

http://www.lohud.com/article/20091002/NEWS02/910020350/1246/NEWS0224/Yonkers-residents-question-details-of-SFCjavascript:void(0)-deal

Westchester County Has the Highest Property Taxes in The U.S.

http://www.lohud.com/article/2009910010350

Green Policy Task Force Meeting 10/7/2009 6:30 PM

Green Policy Task Force
10/7/2009 6:30 PM - 8:00 PM
4th floor conference room
City Hall, 40 S. Broadway
Yonkers, New York 10701

NO AGENDA AVAILABLE AT TIME OF POSTING

Rules Committee Meeting 10/6/2009 6:30 PM

Rules Committee Meeting
10/6/2009 6:30 PM
Yonkers City Hall
40 South Broadway
Yonkers, New York 10701

NO AGENDA AVAILABLE AT TIME OF POSTING

Rules Committee Meeting 10/6/2009 6:30 PM

Rules Committee Meeting
10/6/2009 6:30 PM
Yonkers City Hall
40 South Broadway
Yonkers, New York 10701


NO AGENDA AVAILABLE AT TIME OF POSTING

Landmarks Preservation Board Meeting October 2nd at 7:00pm

Landmarks Preservation Board Meeting
10/2/2009 7:00 PM
City Hall - Ceremonial Court Room
40 South Broadway

NO AGENDA AVAILABLE AT TIME OF POSTING

Board of Contract and Supply (BOCS) Monthly Meeting September 30th at 10:30pm

Board of Contract and Supply (BOCS)
Monthly Meeting
9/30/2009 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

Public Housing Waiting List Opened in Yonkers

http://www.lohud.com/article/20090922/NEWS02/909220381/1246/NEWS0224/Yonkers-housing-authority-opens-its-public-housing-wait-list
For More info go to: www.mhacy.org.

Mayor Amicone's Free Town Hall Meeting September 24th at 7pm

Mayor Amicone's Town Hall Meeting
9/24/2009 7:00 PM - 9:00 PM
Cost: FREE
Location: Lincoln High School
375 Kneeland Avenue

Board of Ethics Meeting 7pm Thursday September 24th 2009

Board of Ethics Meeting
9/24/2009 7:00 PM - 8:30 PM
City Hall - 40 South Broadway
2nd Floor - Mayor's Reception Room

NO AGENDA AVAILABLE AT TIME OF POSTING

Landmarks Preservation Board Special Meeting Tuesday September 22 at 7pm

Landmarks Preservation Board Special Meeting
9/22/2009 7:00 PM
City Hall - Ceremonial Court Room
40 South Broadway

Landmarks Preservation Board Special Meeting Agenda

Intergovernmental Relations Committee Meeting , September 22, 2009 at 8:30 PM

Please be advised that an Intergovernmental Relations Committee Meeting has been scheduled for Tuesday, September 22, 2009 at 8:30 PM in the Council Chambers at Yonkers City Hall, 4th Floor.

The following items will be on the Agenda:

1. Resolution – advice and consent to the appointment of Michael J. White as Inspector General.

2. 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 the proposed nomination.

CITY COUNCIL OF THE CITY OF YONKERS MEETING TUESDAY AT 7:30PM

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
REDEDICATION OF THE CITY COUNCIL CHAMBERS
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 September 8, 2009 approved on
motion of Majority Leader Sandy Annabi.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
2
INDEX
ITEM DESCRIPTION PAGE
1. RES. – HOPE VI - 100-126 ASHBURTON AVE 6/9
2. RES. – HOPE VI – VINEYARD AVENUE 10/14
3. RES. – COMMISSIONER OF DEEDS 15/16
4. RES. – 911 DOVES PROGRAM 17/18
5. RES. – BANNER ST. PAUL THE APOSTLE 19
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
3
COMMUNICATIONS FROM CITY OFFICIALS
1. DATED SEPTEMBER 10, 2009 FROM THE YONKERS PLANNING
BOARD A RESPONSE TO THE CITY COUNCIL’S REFERRAL
REGARDING A PROPOSEDGENERAL ORDINANCE AMENDING
THE CITY OF YONKERS ZONING ORDINANCE AS IT PERTAINS
TO NEW BUILDING OR STRUCTURES EXEMPT FROM PROVIDING
OFF-STREET PARKING AND LOADING.
COPIES ON DESKS
2. DATED SEPTEMBER 10, 2009 FROM THE YONKERS PLANNING
BOARD A RESPONSE TO THE CITY COUNCIL’S REFERRAL
REGARDING A PROPOSED GENERAL ORDINANCE AMENDING
THE CITY OF YONKERS ZONING ORDINACE PERTAINING TO
BULK OF DETACHED SINGLE AND TWO FAMILY DWELLINGS AND
AMENDING DEFINITIONS AND USES (McMANSIONS).
COPIES ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
4
COMMUNICATIONS- GENERALLY
1. TOWN BOARD OF THE TOWN OF GREENBURGH HELD A
PUBLIC HEARING IN CONNECTION WITH AN AMENDED SITE
PLAN AND TREE REMOVAL PERMIT FOR PROPERTY KNOWN
AS HACKLEY SCHOOL ALL PAPERS ARE ON FILE AT THE
TOWN CLERK’S OFFICE IN GREENBURGH TOWN HALL FOR
PUBLIC INSPECTION.
COPIES ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
5
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
6
RESOLUTION
1. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A RESOLUTION AUTHORIZING THE CONVEYANCE OF A CERTAIN
PARCEL OF REAL PROPERTY LOCATED AT 110-126 ASHBURTON
AVENUE IN THE ASHBURTON AVENUE URBAN RENEWAL AREA TO
PROVIDE RELOCATION HOUSING FOR THE ASHBURTON AVENUE
HOPE VI PROJECT
WHEREAS, in furtherance of the objectives of Articles 15 and 15-A
of the General Municipal Law of the State of New York, as amended, the
City of Yonkers (the “City”) and the Yonkers Community Development
Agency (the “Agency”), have undertaken a program for the acquisition,
clearance, re-planning, reconstruction and neighborhood rehabilitation of
slum and blighted areas in the City of Yonkers and in this connection,
have been engaged in carrying out numerous urban renewal projects in
areas designated for urban renewal; and
WHEREAS, the City, in cooperation with the Agency, in accordance
with Articles 15 and 15-A of the General Municipal Law of the State of
New York, as amended, caused to be prepared an urban renewal plan for
the area known as the Ashburton/Mulford Urban Renewal Area, as last
revised in February, 1990 (the “Ashburton/Mulford Plan”); and
WHEREAS, the Agency, by Resolution No. 18-2004 adopted on
September 22, 2004, and the City Council of the City of Yonkers, by
Resolution No. 7-2005 adopted on January 11, 2005, approved and
authorized urban renewal site designation for certain areas surrounding
the parcels described in the Ashburton/Mulford Plan, and the Agency
caused to be prepared a revised urban renewal plan for the proposed
consolidated area to be known as the “Ashburton Avenue Urban Renewal
Area”; and
WHEREAS, the Agency caused to be prepared a conceptual plan
known as the proposed Ashburton Avenue Master Plan (the “Master
Plan”) intended to (a) set forth in affirmative terms a phased, multi-year
redevelopment program for specific sites and neighborhoods within the
proposed and revised Ashburton Avenue Urban Renewal Area, including
but not limited to a federally-assisted, public/private undertaking, and (b)
set forth required infrastructure improvements including, but not limited to,
the widening of Ashburton Avenue; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
7
RESOLUTION (CONTINUED)
WHEREAS, neither the proposed urban renewal plan for the
Ashburton Avenue Urban Renewal Area nor the Master Plan conflict with
the urban renewal requirements and controls contained in the
Ashburton/Mulford Plan; and
WHEREAS, the Urban Renewal Plan was unqualifiedly approved
by Resolution No. 188 2006 on October 24, 2006 (i) as conforming to a
comprehensive community plan for the development of the municipality as
a whole, (ii) as being consistent with local objectives, (iii) as being in
compliance with the provisions of Section 502(7) of Article 15 of the
General Municipal Law of the State of New York, as amended, and (iv) as
conforming to the finding made pursuant to Section 504 of said Article 15;
and
WHEREAS, the City is the fee title owner of certain land located in
Lots 12, 14, 16, 18 and 21 in Block 2041 of Section 2 on the tax map of
the City of Yonkers in the Ashburton Avenue Urban Renewal Area (the
“Subject Property”) which is not currently being used nor has it been
designated for specific use in the future nor can it be utilized by the City
for its intended municipal purpose and is thereby considered surplus; and
WHEREAS, Ashburton Avenue I, LP (the “Developer”), an affiliate
of The Richman Group Development Corporation and Landex
Development, LLC, the developer for the Municipal Housing Authority for
the City of Yonkers (“MHACY”), proposes to construct a four-story building
containing approximately forty-nine residential dwelling units for seniors
as well as community and laundry space upon the Subject Property; and
WHEREAS, on April 19, 2006 the Developer submitted to the City
of Yonkers Planning Board its application for informal review with respect
to a special use permit for the above-described development of the
Subject Property as a Planned Urban Redevelopment under the
provisions of Sections 43-52 and 43-72C of the Zoning Ordinance of the
City of Yonkers; and
WHEREAS, on May 10, 2006 the Planning Board adopted a
resolution stating the Board’s intent to assume Lead Agency Status for the
purpose of such environmental review with respect to such special permit
and the development of the Subject Property that would be permitted
thereunder, and authorizing circulation of notice of such intent to other
potentially involved agencies in accordance with SEQRA requirements for
coordinated review; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
8
RESOLUTION (CONTINUED)
WHEREAS, on May 23, 2006 the Developer submitted to the
Planning Board its formal application for such Special Permit conferring
PUR status on the HOPE VI sites including the Subject Property; and
WHEREAS, on June 14, 2006 the Planning Board held a public
hearing on the proposed PUR treatment of the HOPE VI sites including
the Subject Property, and such hearing was continued on July 12, 2006;
and
WHEREAS, on July 12, 2006, following the close of the public
hearing, the Planning Board acting as lead agency approved a Negative
Declaration with respect to the proposed PUR development of the sites,
including the Subject Property, finding that the changes proposed from the
Master Plan and the Urban Renewal Plan are minor, and
WHEREAS, the City Council of the City of Yonkers, by Resolution
No. 187-2006 adopted on October 24, 2006, approved the Findings
Statement; and
WHEREAS, the Developer has applied to the City of Yonkers
Industrial Development Agency (the “YIDA”) for assistance in connection
with the undertaking of the construction of a four-story building containing
approximately forty-nine residential dwelling units for seniors as well as
community and laundry space; and
WHEREAS, YIDA by resolution dated August 26, 2009 authorized
the execution of various agreements including a certain lease agreement,
pursuant to which the Developer leases the Subject Property to YIDA (the
“Lease”); a certain leaseback agreement, pursuant to which the YIDA
leases its interest in the Subject Property back to the Developer (the
“Leaseback”); and a certain tax agreement by and between YIDA and the
Developer, pursuant to which the Developer agrees to make payments
consistent with similar affordable housing projects, for the benefit of the
affected taxing jurisdictions; all in accordance with Article 18-A of the
General Municipal Law of the State of New York, as amended, (the “YIDA
Act”); and
WHEREAS, the City has been presented with a proposed Bargain
and Sale Deed (the “Deed”) pursuant to which the City would convey to
the MHACY with MHACY thereafter leasing the Subject Property to the
Developer in an “as-is” condition for the public purpose of providing
relocation housing for the Ashburton Avenue Hope VI Project; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
9
RESOLUTION (CONTINUED)
WHEREAS, pursuant to the Leaseback the Developer shall
construct upon the Subject Property a four-story building containing
approximately forty-nine residential dwelling units as well as community
and laundry space all of which shall be substantially in accordance with
the Urban Renewal Plan, previously approved by the Agency and the City
Council under the New York State Environmental Quality Review Act
(“SEQRA”); and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers that the disposition of the Subject Property by the City of
Yonkers to the MHACY and related lease by MHACY to the Developer, in
accordance with the terms and provisions of the proposed Deed, in
accordance with Ashburton Avenue Urban Renewal Plan, is hereby
approved; and be it further
RESOLVED, that the Mayor or the Deputy Mayor is hereby
authorized to convey the Subject Property to the MHACY pursuant to the
Deed and to execute any and all documents necessary and convenient to
carry out this Resolution, including executing 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 MHACY may lease the Subject Property to the
Developer upon such terms and conditions as it may deem appropriate;
and be it further
RESOLVED, that this Resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
10
RESOLUTION
2. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A RESOLUTION AUTHORIZING THE CONVEYANCE OF A CERTAIN
PARCEL OF REAL PROPERTY LOCATED AT VINEYARD AVENUE IN
THE ASHBURTON AVENUE URBAN RENEWAL AREA TO PROVIDE
RELOCATION HOUSING FOR THE MULFORD HOPE VI PROJECT
WHEREAS, in furtherance of the objectives of Articles 15 and 15-A
of the General Municipal Law of the State of New York, as amended, the
City of Yonkers (the “City”) and the Yonkers Community Development
Agency (the “Agency”), have undertaken a program for the acquisition,
clearance, re-planning, reconstruction and neighborhood rehabilitation of
slum and blighted areas in the City of Yonkers and in this connection,
have been engaged in carrying out numerous urban renewal projects in
areas designated for urban renewal; and
WHEREAS, the City, in cooperation with the Agency, in accordance
with Articles 15 and 15-A of the General Municipal Law of the State of
New York, as amended, caused to be prepared an urban renewal plan for
the area known as the Ashburton/Mulford Urban Renewal Area, as last
revised in February, 1990 (the “Ashburton/Mulford Plan”); and
WHEREAS, the Agency, by Resolution No. 18-2004 adopted on
September 22, 2004, and the City Council of the City of Yonkers, by
Resolution No. 7-2005 adopted on January 11, 2005, approved and
authorized urban renewal site designation for certain areas surrounding
the parcels described in the Ashburton/Mulford Plan, and the Agency
caused to be prepared a revised urban renewal plan for the proposed
consolidated area to be known as the “Ashburton Avenue Urban Renewal
Area”; and
WHEREAS, the Agency caused to be prepared a conceptual plan
known as the proposed Ashburton Avenue Master Plan (the “Master
Plan”) intended to (a) set forth in affirmative terms a phased, multi-year
redevelopment program for specific sites and neighborhoods within the
proposed and revised Ashburton Avenue Urban Renewal Area, including
but not limited to a federally-assisted, public/private undertaking, known as
Mulford Gardens Hope VI, and (b) set forth required infrastructure
improvements including, but not limited to, the widening of Ashburton
Avenue; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
11
RESOLUTION (CONTINUED)
WHEREAS, neither the proposed urban renewal plan for the
Ashburton Avenue Urban Renewal Area nor the Master Plan conflict with
the urban renewal requirements and controls contained in the
Ashburton/Mulford Plan; and
WHEREAS, the Urban Renewal Plan was unqualifiedly approved
by Resolution No. 188 2006 on October 24, 2006 (i) as conforming to a
comprehensive community plan for the development of the municipality as
a whole, (ii) as being consistent with local objectives, (iii) as being in
compliance with the provisions of Section 502(7) of Article 15 of the
General Municipal Law of the State of New York, as amended, and (iv) as
conforming to the finding made pursuant to Section 504 of said Article 15;
and
WHEREAS, the City is the fee title owner of certain land located in
Lot 56 (fka 55, 56 and 72) in Block 2080 of Section 2 on the tax map of the
City of Yonkers in the Ashburton Avenue Urban Renewal Area (the
“Subject Property”) which is not currently being used nor has it been
designated for specific use in the future nor can it be utilized by the City
for its intended municipal purpose and is thereby considered surplus; and
WHEREAS, the Municipal Housing Authority for the City of Yonkers
(“MHACY”) is the fee title owner of certain land located in Lot 1, Block
2084 of Section 2 on the tax map of the City of Yonkers in the Ashburton
Avenue Urban Renewal Area (the “MHACY Property”); and
WHEREAS, MULFORD I, LP (the “Developer”), an affiliate of The
Richman Group Development Corporation and Landex Development,
LLC, the developer for MHACY, proposes to construct on the subject
Property and the MHACY Property 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; and
WHEREAS, on April 19, 2006 the Developer submitted to the City
of Yonkers Planning Board its application for informal review with respect
to a special use permit for the above-described development of the
Subject Property and the MHACY Property as a Planned Urban
Redevelopment under the provisions of Sections 43-52 and 43-72C of the
Zoning Ordinance of the City of Yonkers; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
12
RESOLUTION (CONTINUED)
WHEREAS, on May 10, 2006 the Planning Board adopted a
resolution stating the Board’s intent to assume Lead Agency Status for the
purpose of such environmental review with respect to such special permit
and the development of the Subject Property and the MHACY Property
that would be permitted thereunder, and authorizing circulation of notice of
such intent to other potentially involved agencies in accordance with
SEQRA requirements for coordinated review; and
WHEREAS, on May 23, 2006 the Developer submitted to the
Planning Board its formal application for such Special Permit conferring
PUR status on the HOPE VI sites including the Subject Property and the
MHACY Property; and
WHEREAS, on June 14, 2006 the Planning Board held a public
hearing on the proposed PUR treatment of the HOPE VI sites including
the Subject Property and the MHACY Property, and such hearing was
continued on July 12, 2006; and
WHEREAS, on July 12, 2006, following the close of the public
hearing, the Planning Board acting as lead agency approved a Negative
Declaration with respect to the proposed PUR development of the sites,
including the Subject Property and the MHACY Property, finding that the
changes proposed from the Master Plan and the Urban Renewal Plan are
minor, and
WHEREAS, the City Council of the City of Yonkers, by Resolution
No. 187-2006 adopted on October 24, 2006, approved the Findings
Statement; and
WHEREAS, the Developer has applied to the City of Yonkers
Industrial Development Agency (the “YIDA”) for assistance in connection
with the undertaking of the construction of 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; and
WHEREAS, YIDA by resolution dated July 7, 2009 authorized the
execution of various agreements including a certain lease agreement,
pursuant to which the Developer leases the Subject Property and the
MHACY Property to YIDA (the “Lease”); a certain leaseback agreement,
pursuant to which the YIDA leases its interest in the Subject Property and
the MHACY Property back to the Developer (the “Leaseback”); and a
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
13
RESOLUTION (CONTINUED)
certain tax agreement by and between YIDA and the Developer, pursuant
to which the Developer agrees to make payments consistent with similar
affordable housing projects, for the benefit of the affected taxing
jurisdictions; all in accordance with Article 18-A of the General Municipal
Law of the State of New York, as amended, (the “YIDA Act”); and
WHEREAS, the City has been presented with a proposed Bargain
and Sale Deed (the “Deed”) pursuant to which the City would convey to
the MHACY and MHACY will lease to the Developer the Subject Property
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 upon the Subject Property and the MHACY
Property a mixture of 4-6 story elevator buildings, 2-3 story garden walkup
apartments, town houses, and single family homes along with pocket
parks, one community building that will accommodate management staff,
resident amenities and meeting space for approximately one hundred
dwelling units.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers that the disposition of the Subject Property by the City of
Yonkers to the MHACY and lease to the Developer, in accordance with
the terms and provisions of the proposed Deed, in accordance with
Ashburton Avenue Urban Renewal Plan, is hereby approved; and be it
further
RESOLVED, that the Mayor or the Deputy Mayor is hereby
authorized to convey the Subject Property to the MHACY pursuant to the
Deed and to execute any and all documents necessary and convenient to
carry out this Resolution, including executing 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 MHACY may lease the Subject Property and the
MHACY Property to the Developer upon such terms and conditions as it
may deem appropriate; and be it further
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
14
RESOLUTION (CONTINUED)
RESOLVED, that this Resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
15
RESOLUTION
3. 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 October 31, 2011.
George Wislocki
1 Mulberry Street
Yonkers, New York 10701
MHA RENEWAL
Carol Ann Schwartz
53 Elissa Lane
Yonkers, New York 10710
MHA RENEWAL
Mary Ann Tarantelli
114 Kingston Avenue
Yonkers, New York 10701
MHA RENEWAL
Francine Muscente
440-1 N. Broadway
Yonkers, New York 10701
MHA RENEWAL
Conrad Orey
130-76 Glenwood Avenue
Yonkers, New York 10705
MHA RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
16
RESOLUTION (CONTINUED)
Karen Tontodonato
231 Alta Vista Drive
Yonkers, New York 10705
Property Management RENEWAL
Eleni Dellaportas
574 Park Avenue
Yonkers, New York 10703
Local 628 RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
17
RESOLUTION
4. BY COUNCIL PRESIDENT LESNICK AND COUNCILMEMBER McDOW,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN, AND
COUNCILMEMBERS GRONOWSKI, MURTAGH AND BARBATO
WHEREAS, In New York, the statutory blood alcohol content limit is
.08%. Studies show that depending on your health, height and weight,
that level is easily achieved with just a few drinks and,
WHEREAS, the Dram Shop Liability Law is suppose to ensure that
those who are under the influence of alcohol are not allowed to leave an
establishment , party or friends house with the intent to drive but instead
alternate arrangements are suppose to be made for them and,
WHEREAS, 911 Doves Inc. spearheaded by Jeremy K. Inlaw and
Woodeena Curry, is an international non-profit organization, the mission of
program “Arrive Alive!” is to (1) prevent individuals from driving under the
influence of alcohol and (2) to help rebuild the lives and educate those that
have already been convicted of a DWI Felony or Misdemeanor at their
Transitional Crisis Center called “the Shirley T. Miller Center of Hope” and,
WHEREAS, DWI and DWAI are two of the most common charged
offenses in New York affecting teens, baby-boomers, blue and white collar
workers. In addition, annual statistics show that Yonkers City Court is one
of the busiest criminal courts in Westchester County, which hears a
multitude of DWI and DWAI cases and,
WHEREAS, The Adult DWI Arrest and Conviction Rate in
Westchester County has been steadily on the rise since 2006 as follows:
DWI Felony: 2006/264, 2007/215, 2008/208 and DWI Misdemeanor:
2006/2298, 2007/2471, 2008/2479 and the U.S. spends 51 billion dollars
nationally on related insurance claims and with recent DWI incidents on
the Taconic Parkway and Westchester County’s implementation of vehicle
seizure for motorist who drive while intoxicated in New York and,
WHEREAS, 911 Doves Inc. President, Woodeena Curry,
understands this serious issue and being a Yonkers native has introduced
the “Arrive Alive” Program to the Yonkers City Council with hopes that it
will be implemented and many lives will be positively impacted and the
statistic will dramatically decline in the city of Yonkers, the County of
Westchester and in the State of New York and,
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
18
RESOLUTION (CONTINUED)
WHEREAS, the City of Yonkers is calling upon our New York State
and Federal Delegation to enact “the Arrive Alive Program” that will
specifically focus on the safety of individuals that are impaired or under
the influence of alcohol and their potential victims (including themselves)
by proving a HELP Line, which can be called; a car and tow truck are sent
to pick up the individual and their car and both are taken to the final
destination safely ensuring the quality of life of all and,
FURTHERMORE, the consequences of a DWI or DWAI conviction
are far reaching and can range from a low fine and temporary driving
suspension to extensive fines, a license revocation and jail time, in
addition, to the potential to touch many lives through temporary and
permanent injuries, loss of income, loss of property and fatalities, etc.
THEREFORE BE IT RESOLVED, that the City Council of the City
of Yonkers calls upon our New York State and Federal Delegation to
enact the 911 Doves Inc. Program, which will decrease the number of
arrests, injuries, seizing of vehicles, fatalities, etc. associated with
DWI/DUI/DWAI, accidents.
BE IT FURTHER RESOLVED, that the City Council directs the City
Clerk to forward copies of this Resolution to State and Federal Delegation.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 22, 2009
19
RESOLUTION
5. BY: MINORITY LEADER McLAUGHLIN, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, COUNCILMEMBERS
McDOW, GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, St. Paul the Apostle Parish, located at 602 McLean
Avenue in Yonkers will hold its Annual St. Paul the Apostle Fair at Coyne
Park on Thursday, Oct. 8h, Friday, Oct. 9th, Saturday Oct 10th , Sunday,
October 11th,and Monday October 12th 2009, and has requested
permission from the City Council to place four banners within the city
promoting this event, and
WHEREAS, St. Paul the Apostle Parish has asked that the banners
be placed as soon as possible, at the following locations: (1st.) McLean
Avenue & Central Park Avenue, (2nd) O’Dell Avenue & Nepperhan
Avenue, (3rd) Tuckahoe Road & Central Park Avenue and the (4th) at
Yonkers Ave. & Midland Ave. closest to the Old Gold’s Gym, or where
ever convenient; and to be removed as soon after October 12, 2009 as is
possible, and
WHEREAS, said locations are subject to the scheduling and
availability of the banner sites as administered by the Department of
Public Works.
NOW, THEREFORE BE IT RESOLVED that the City Council of the
City of Yonkers hereby grants permission to St. Paul the Apostle Parish to
place four banners in the aforementioned locations, subject to any terms
and conditions deemed appropriate by the Administration to protect the
best interests of the City of Yonkers.

New York State Housing Finance Agency Approve $24.2 million for Yonkers Grant Park Apartments

http://yonkerstribune.typepad.com/yonkers_tribune/2009/09/nys-hfa-approves-financing-for-apartments-in-yonkers.html

Intergovernmental Relations Committee Meeting Wednesday, September 16, 2009 at 7:00 PM

Please be advised that an Intergovernmental Relations Committee Meeting has been scheduled for Wednesday, September 16, 2009 at 7:00 PM in the Council Conference Room, Yonkers City Hall, 4th Floor.

The following items will be on the Agenda:

1. Resolution – approval and consent to the appointments of Richard A. Carlson as Chairman and/or Member of the Landmarks Preservation Board and Richard Halevy, Harjit Jassal and C. James Westbrook as Members to the Landmarks Preservation Board.

2. Resolution – approval and consent to the appointment of Robert Piwinski to the Landmarks Preservation Board.

3. An update by the Administration on the work done by the consultants to the Landmarks Preservation Board.

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

We ask the Administration to please have the nominees attend the meeting so they can interviewed by the Committee and to have Corporation Counsel present to answer questions about the legal requirements of the Landmarks Board. We would also request that the Administration update the Council on the status of the work of the consultants to Landmarks Preservation Board.

Rules Committee Meeting Wednesday at 6:30pm

Rules Committee Meeting
9/16/2009 6:30 PM
Yonkers City Hall
40 South Broadway
Yonkers, New York 10701


NO AGENDA AVAILABLE AT TIME OF POSTING

Zoning Board of Appeals Meeting Tuesday at 6pm

Zoning Board of Appeals
9/15/2009 6:00 PM
City Council Chambers
City Hall-4th Floor
Yonkers, New York 10701

AGENDA FOR ZONING BOARD OF APPEALS

PLEASE TAKE NOTICE: A public Hearing will be held before the Zoning Board of Appeals of the City of Yonkers on TUESDAY, SEPTEMBER 15, 2009 at 6:00 P.M. sharp, in the Ceremonial Courtroom, Yonkers, New York (building is accessible to the handicapped), on applications for Appeals from the Building Commissioner’s decisions and applications for Variances under the provisions of G.O. #4-2000, as amended:

DECISIONS:

#5157 – Area Variance & Improvement/Intensification of a Non-Conforming Use – Smith, Buss & Jacobs on behalf of Bharat Gandhi (owner), on premises known as 322 Yonkers Avenue, Block 388, Lot 100, Zone: “I”.

#5162 – Use & Area Variance – Snyder & Snyder LLP on behalf of Parkledge Apartments (owner) & T-Mobile Northeast, LLC (lessee), on premises known as 220 a/k/a 230 Yonkers Avenue, Block 405, Lots 29-33, Zone: “BA”.

#5163 – Use & Area Variance – Snyder & Snyder LLP on behalf of 61-65 Central Avenue, LLC (owner) & T-Mobile Northeast , LLC (lessee), on premises known as 61-65 Central Park Avenue, Block 6004, Lot 1, Zone: “B”.

#5164 – Area Variance – James G. Dibbini, Esq., on behalf of Catherine La Banca (owner), on premises known as 2 Royal Street, Block 5190, Lot 13, Zone: “T”.

# 5172 – Area Variance – Mario Canteros, Architect on behalf of Jimmy Rugova (owner), on premises known as 215 Sommerville Place, Block: 2438 Lot: 25, Zone: “M”.

# 5173 – Area Variance - Mario Canteros, Architect on behalf of Jimmy Rugova (owner), on premises known as 221 Sommerville Place, Block: 2438 Lot: 23, Zone: “M”.

# 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”.

NEW HEARINGS

# 5144-A – Area Variance – Miguel A. Sostre, Architect, on behalf of N. James Sayegh (owner), to convert the existing vacant office structure into a 5-family multiple dwelling. Having insufficient lot width, as per Section 43-27, Table 43-3 (required 100’; proposed 90’). Insufficient side yard/total side yard, as per Section 43-27, Table 43-3 (required 25’/50’; proposed 12.3’/33.9’+/-), on premises known as 381 aka 385 Palisade Avenue, Block: 2159 Lot: 47, Zone: “MG”.

#5167 – Intensification of a Non-Conforming Use & Area Variance – James A. Gibbons, P.E., on behalf of Zeqir Demiraj (owner), to construct a new 1-family dwelling adjacent to the existing 3-family dwelling. Whereas, the intensification of a non-conforming use requires Zoning Board of Appeals approval. The house on Lot 26 is a 3-family dwelling in an S-50 Zone (ref. Yonkers Zoning Ordinance 43-21.B.1). Insufficient lot area per family per Section 43-27, Table 43-3 (required 5,000 square feet, proposed 1,666.7 square feet) (per family), on premises known as 23 Desmond Avenue, Block 5327, Lot 26 & 27.28, Zone: “S-50”.

# 5179- Area Variance – John Imhof on behalf of Thepchai Vechkulwrapan (owner), to change the use of the entire building to “fast food restaurant’ by expanding the existing Thai restaurant into the deli space thereby changing the use of the deli from “fast food & beverage store” into a “fast food restaurant” use. Having insufficient parking, as per Section 43-128 & Table 43-4 (required 49; proposed 34 (credit)). Insufficient loading spaces (required 1; proposed 0) as per Section 43-128, Table 43-5, on premises known as 629 aka 631 McLean Avenue, Block: 6002 Lot: 75, Zone: “B”.

# 5180 – Area Variance – Andrew Romano, Esq. on behalf of Robert Stevenson (owner), to legalize a side yard pool & deck & basement alteration. Having insufficient side-front yard, per Section 43-27, Table 43-3 (required 10’; proposed 2’). Insufficient side yard setback for pool & pool deck, per Section 43-41P(6) (required 6’; proposed unknown). Provide the dimension from the pool deck to the side lot line. An unroofed deck or patio may not project more than 8’ into the minimum front yard, per Section 43-33P(1)(a) (required 8’; proposed 14’scaled). Also, parking in the front yard is not permitted, per Section 43-133A(1). Pool shall not be located in the minimum required side yard, per Section 43-41P(1) variance required, on premises known as 571 Mile Square Road, Block: 5039, Lot: 1, Zone: “T”.

# 5181 – Improvement of a Non-conforming Use – Andrew Romano, Esq. on behalf of City Harvest Church (owner), to re-construct a small retaining wall on the premises. Whereas, the improvement to a non-conforming use requires Zoning Board of Appeals approval, as per Yonkers Zoning Ordinance 43-21.G), on premises known as 44 Hudson Street, Block: 502 Lot: 1, Zone: “DWD”.

# 5182 – Area Variance – James G. Dibbini, Esq. on behalf of Elm Street Yonkers LLC (owner), to replace rear porches & covered stairwells to existing building. Having insufficient side yards (required 16’/32’; proposed 14.5’/15.5’ +/-) as per Section 43-27, Table 43-3. Exceeding maximum building coverage (required 40% maximum; proposed 53%) as per Section 43-27, Table 43-3. Exceeding maximum floor area ratio (required 1.25 maximum; proposed 2.12) as per Section 43-27, Table 43-3, on premises known as 161 Elm Street, Block: 452 Lot: 30, Zone: “B”.

# 5183 – Area Variance – Lana & Coppola on behalf of Ellen Pellegrino (owner), to legalize a portico & stone veneer in front of the existing one-family dwelling. Having insufficient front yard, as per Section 43-27, Table 43-3 (required 20.5; proposed 18.1) (Portico & stone veneer), on premises known as 105 Candlewood Drive, Block: 4469 Lot: 57, Zone: “S-60”.

# 5184 – Area Variance – Lana & Coppola on behalf of Pasquale Pellegrino (owner), to legalize the conversion of a 2-family into a 4-family multiple dwelling. Having insufficient front yard, as per Section 43-27, Table 43-3 (required 15’; existing 13.5’). Insufficient rear yard and side yard setback for detached garage as per Section 43-44A(9)© (15’ required; 2.1’ & 1.6’ +/- respectively), on premises known as 32 aka 30 Thurman Street, Block: 459 Lot: 20, Zone: “M”.

# 5185 - Use Variance – Snyder & Snyder on behalf of FDR Limited Co. (owner), & SMSA Limited Partnership d/b/a Verizon Wireless (lessee), to co-locate small panel antennas on the existing monopole, together with related equipment at the base thereof. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1, on premises known as 57 Fullerton Avenue, Block: 5056 Lot: 9, Zone: “I”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA

Landmarks Preservation Board Meeting Thursday September 10th at 7pm

Landmarks Preservation Board Meeting
9/10/2009 7:00 PM
City Hall - Ceremonial Court Room
40 South Broadway

Planning Board Meeting Wednesday 9th at 5:30pm

Planning Board Meeting
9/9/2009 5:30 PM
City Hall - City Council Chambers
40 South Broadway

CITY COUNCIL MEETING TONIGHT AT PHILIPSE MANOR HALL 8PM

CITY COUNCIL MEETING
9/8/2009 8:00 PM - 10:00 PM
PHILIPSE MANOR HALL
MANOR HOUSE SQUARE
YONKERS, New York 10701

AGENDA 09-08-2009


AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
2


INDEX
ITEM DESCRIPTION PAGE
1. SPECIAL ORDINANCE - WORTH STREET 8
DISCONTINUANCE
2. SPECIAL ORDINANCE – LONG HOUSE FORCE 9
MAIN CONNECTION (1000 RIDGE HILL BLVD)
3. SPECIAL ORDINANCE – AMENDING GRANT 10
BUDGET FOR 2009/2010 (15,000.00)
4. RES – SETTLEMENT – CASTRO ($750.25) 11
5. RES – SETTLEMENT – KOLMER ($1,950.00) 12
6. RES – SETTLEMENT – ROSS ($2,000.00) 13
7. RES – SETTLEMENT – ORELLANA ($950,000) 14
8. RES - PARKS GRANT – ($15,000.00) 15
9. RES – COMMISSIONERS OF DEEDS 16/17
10. RES – EARLY CHILDHOOD INITIATIVE 18
11. RES – DIRECTING INSPECTOR GENERAL TO 19/20
REVIEW F.O.I.L. REQUESTS
12. RES – BANNER – ST. ANN’S ANNUAL FEAST 21
13. HONORARIUM – ROCCO MASSELLO 22/23
14. HONORARIUM – MILAD NUKHO 23/24
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
3
COMMUNICATIONS
FROM THE TOWN BOARD OF EASTCHESTER: A NOTICE OF A
PUBLIC HEARING TO BE HELD AT THE EASTCHESTER TOWN HALL
LOCATED AT 40 MILL ROAD IN SAID TOWN, ON TUESDAY,
SEPTEMBER 15,2009 AT 8:00PM. RE: A LOCAL LAW PROVIDING FOR
THE AMENDMENT OF CERTAIN SECTIONS OF THE ZONING LAW OF
THE TOWN OF EASTCHESTER.
COPIES ON DESKS
FROM THE WESTCHESTER COUNTY PLANNING BOARD, RE:
DISCONTINUANCE WITH A PORTION OF WORTH STREET, THE
COUNTY PLANNING BOARD FINDS THAT THERE ARE NO COUNTY
OR INTERMUNICIPAL PLANNING ISSUES OF CONCERN TO THE
COUNTY PLANNING BOARD.
COPIES ON DESKS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
4
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
5
PUBLIC HEARING NO.1
A PUBLIC HEARING ON THE MATTER OF HONORARILY RENAMING
A PORTION OF GLENBROOK AVENUE, BETWEEN LAKESIDE DRIVE
AND VAN CORTLANDT PARK AVENUE, AS ROCCO MASSELLO
AVENUE.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
6
PUBLIC HEARING NO.2
A PUBLIC HEARING ON THE MATTER, PROPERLY NOTIFIED AND
PUBLICIZED AND THAT THE CITY COUNCIL OF THE CITY OF
YONKERS IS TO HOLD A PUBLIC HEARING ON THE MATTER OF
HONORARILY RENAMING A PORTION OF SOUTH BROADWAY,
BETWEEN FANSHAW AVENUE AND BERKELEY AVENUE, AS MILAD
NUKHO WAY.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
7
PUBLIC HEARING NO.3
A SPECIAL ORDINANCE DISCONTINUING A PORTION OF
WORTH STREET AS A PUBLIC STREET PURSUANT TO
SECTION 29 OF THE GENERAL CITY LAW.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
8
SPECIAL ORDINANCE
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
A SPECIAL ORDINANCE DISCONTINUING A PORTION
OF WORTH STREET AS A PUBLIC STREET PURSUANT
TO SECTION 29 OF THE GENERAL CITY LAW.
The City of Yonkers, in City Council convened,
hereby ordains and enacts:
Section 1. That portion of Worth Street, in the area running
from Nepperhan Avenue to the Saw Mill River is a paper street.
The remainder of Worth Street, running from the Saw Mill River to
the Saw Mill River, is a public street and will remain so. This paper
street, hereinbefore described, is being discontinued and is shown
on a map and the description is filed with the Planning Board of the
City of Yonkers. Worth Street is a public street in the City of
Yonkers, and that portion hereof which is a paper street, is hereby
discontinued as a public street and removed from the Official Map
of the City of Yonkers, in its entirety pursuant to Section 29 of the
General City Law subject to the following conditions;
(a) The City of Yonkers presently has a 30” watermain, a 30”
utility storm drain and a 12” utility sanitary sewer located
within the area in question in Worth Street between
Nepperhan Avenue and the Saw Mill River. The City of
Yonkers must retains access to above mentioned utilities
and this approval is granted conditioned upon the granting of
the necessary access Easements
Section 2. The affected City departments, bureaus
and agencies shall amend the necessary City records, including the
Official City Map accordingly.
Section 3. This Special Ordinance shall take effect
as provided by law.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
9
SPECIAL ORDINANCE
2. 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 New York State Office of Parks, Recreation
and Historic Preservation for expenses relating to the Columbus
Celebration.
Increase Estimated Revenues
NYS Office of Parks, Recreation 049-G18-8008-8450 15,000.00
PKS-08-TA 075
PKS-07-TA-014
Increase Appropriation
Parks Dept – Special Projects 049-G18-8008-0496 $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, SEPTEMBER 8, 2009
10
SPECIAL ORDINANCE
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
AN ORDINANCE AUTHORIZING AND PERMITTING THE PROPERTY
OF 1000 RIDGE HILL BLVD. BLOCK 4079 LOT (S) 1 TO MAKE A LONG
HOUSE FORCE MAIN CONNECTION TO THE CITY'S SANITARY
SYSTEM IN RIDGE HILL BLVD. (NO EXPENSE TO THE CITY OF
YONKERS).
The City of Yonkers, in City Council convened, hereby ordains and
enacts:
Section 1. Permission is hereby granted to the property owner of
1000 Ridge Hill Blvd., Block 4079 Lot(s) 1 to make a long house force
main sanitary sewer connection from said lot to a city sanitary sewer in
RIDGE HILL BLVD. at his own cost and expense and in accordance with
the plan submitted by William R. Vogt Jr. P.E. #082070 dated JULY 1,
2009, filed in the Plumbing Division, subject to the conditions of a
Plumbing Permit to be secured from the Plumbing Division and a street
opening permit to be secured from the City Engineer.
Section 2. This permission is granted under the following terms and
conditions, to wit:
The granting of this permission shall, in no way, free or release the
said owner, or his successors, from the payment of any assessments or
benefits accruing to said lot by reason of the construction of any sanitary
sewer already built, or that hereafter shall be built, to serve the area within
which the lot herein referred to is located.
The cost of construction, maintenance and repairs of said long house
connection shall be the responsibility of the owner of the building served
by the long house connection.
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
11
RESOLUTION
4. 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
Seven Hundred Fifty Dollars and Twenty Five Cents ($750.25) of the
action entitled, “Pedro Castro, (residing at 77 Locust Hill Avenue, Yonkers,
New York 10701), Claimant against THE CITY OF YONKERS,
Respondent", for personal injuries arising out of an incident alleging that
on May 7, 2009 a City of Yonkers vehicle hit the pedestrian claimant at the
intersection of Saw Mill River Road and Old Nepperhan Avenue in
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 Seven
Hundred Fifty Dollars and Twenty Five Cents ($750.25) in favor of said
plaintiffs.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
12
RESOLUTION
5. 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 NINE HUNDRED FIFTY AND 00/100 DOLLARS
($1,950.00) of the action entitled, "JOHN KOLMER plaintiff against THE
CITY OF YONKERS, Defendant", for property damages from a City
bucket truck that came in contact with electrical wiring attached to the
siding on claimant’s home, 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 NINE HUNDRED FIFTY AND 00/100
DOLLARS ($1,950.00) in favor of said plaintiff.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
13
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
Two Thousand Dollars ($2,000.00) of the action entitled, “Tamilya Ross,
(residing at 28 Purser Place, Yonkers, New York 10705), Claimant against
THE CITY OF YONKERS, Respondent", for property damages arising out
of an incident alleging that on May 7, 2009 the claimant’s vehicle was
stuck by a branch from a City tree in front of 41 Purser Place in 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 Two Thousand
Dollars ($2,000.00) in favor of said claimant.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
14
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
Nine Hundred Fifty Thousand Dollars ($950,000.00) of the action entitled,
“Richard Orellana, an infant over the age of fourteen years by Ricardo
Orellana and Elliete Orellana, his parents and natural guardians and
Ricardo Orellana and Elliete Orellana individually, (residing at 262
Palisade Avenue, Yonkers, NY 10701), Plaintiffs against THE Board of
Education of the City of Yonkers and Myron Santo, Defendants", for
personal injury arising out of an accident alleging that on October 17, 2003
plaintiff Richard Orellana was struck in the left eye with a screw at Gorton
High School, in Yonkers, be and the same hereby is approved and the
Comptroller of the City of Yonkers is directed to draw his warrant in the
total amount of Nine Hundred Fifty Thousand Dollars ($950,000.00) in
favor of said plaintiffs and their attorneys, Tomkiel & Tomkiel, 60 East 42nd
Street, New York, New York 10165, to be paid in the following
installments:
1) First installment of $400,000.00 upon approval of the settlement;
2) Second installment of $137,000.00 on or before July 2, 2010;
3) Third installment of $137,000.00 on or before July 2, 2011;
4) Fourth installment of $138,000.00 on or before July 2, 2012; and
5) Fifth and final installment of $138,000.00 on or before July 2
2013.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
15
RESOLUTION
8. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
WHEREAS, the Department of Parks, Recreation and Conservation
has been awarded a $15,000 State of New York, Office of Parks,
Recreation and Historic Preservation Guidelines grant to fund the
Columbus Celebration held by the City of Yonkers under Grant PKS -08-
TA-075 and TA-014 and the legislative sponsors are Assemblyman
Michael Spano and Senator Andrea Stewart-Cousins; and
WHEREAS, this grant covers costs associated with the Columbus
Celebration activities and there are no matching funds required from the
City; and
NOW, THEREFORE, BE IT RESOLVED, by the Yonkers City
Council, that it does hereby endorse and approve the application for a
$15,000 grant; and be it further,
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
16
RESOLUTION
9. 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 October 31, 2011.
Anthony Petrillo
399 North Broadway
Yonkers, New York 10701
Retired RENEWAL
Irene Laboy
117 LaSalle Drive
Yonkers, New York 10710
Lighting Service RENEWAL
Angela Di Caprio
200 Diplomat Drive 6D
Mt Kisco, New York 10549
City of Yonkers NEW
John Adely
20 Dexter Road
Yonkers, New York
RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
17
RESOLUTION (CONTINUED)
Maria T. Bellino
24 College Place
Yonkers, New York 10704
Board of Ed RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
18
RESOLUTION
10. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
WHEREAS, the City of Yonkers and the Early Childhood Initiative
(ECI) are hosting Family Day, which is being held on November 7, 2009,
and
WHEREAS, the organizers of Family Day would like to hang
banners at the following locations: City Hall Bridge; Mclean Avenue &
Central Avenue; Linden Street & Park Avenue; Sadore Lane bridge ; North
Broadway & Executive Avenue (double sided); Yonkers Avenue (adjacent
to Planet Fitness, double sided).
WHEREAS, said locations are also subject to the scheduling and
availability of the banner sites as administered by the Department of
Public Works.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to the Early Childhood Initiative
to place said banners, subject to locations, terms and conditions deemed
appropriate by the Department of Public Works to protect the public safety
and best interests of the City of Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
19
RESOLUTION
11. BY COUNCILMEMBER GRONOWSKI, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, MINORITY LEADER
McLAUGHLIN, COUNCILMEMBERS McDOW, MURTAGH AND
BARBATO;
WHEREAS, Article 6 of the New York State Public Officers Law
provides for public access to government records; and
WHEREAS, This statute, commonly referred to as the Freedom of
Information Law (FOIL), applies to local government entities, and states, in
part, that “a free society is maintained when government is responsive and
responsible to the public, and when the public is aware of governmental
actions. The more open a government is with its citizenry, the greater the
understanding and participation of the public in government”; and
WHEREAS, the FOIL law further states that, “The people's right to
know the process of governmental decision-making and to review the
documents and statistics leading to determinations is basic to our society.
Access to such information should not be thwarted by shrouding it with the
cloak of secrecy or confidentiality”, further noting, “that government is the
public's business and that the public, individually and collectively and
represented by a free press, should have access to the records of
government in accordance with the provisions of this article”; and
WHEREAS, Article 6, §86 Definition of “records” includes any
information kept, held, filed, produced or reproduced by, with or for an
agency in any physical form whatsoever including, but not limited to,
reports, statements, examinations, memoranda, opinions, folders, files,
books, manuals, pamphlets, forms, papers, designs, drawings, maps,
photos, letters, microfilms, computer tapes or discs, rules, regulations or
codes; and
WHEREAS, Electronic mail has become an indispensable tool for
public bodies, significantly impacting how public officials communicate
with constituents, staff, and other public officials, and the FOIL grants
access to public records in whatever form they are maintained in order to
guarantee citizens access to their government, and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
20
RESOLUTION (CONTINUED)
WHEREAS, through the years, I have had numerous FOIL requests
ignored, received responses beyond the timeframe allowed by FOIL
requirements, or, in many cases, was provided with information I did not
request, with the City of Yonkers taking the position that my request had
been fulfilled when, indeed, it had not been; and
WHEREAS, as a member of the Yonkers City Council, I have been
contacted by constituents who have received similar treatment when
submitting valid FOIL requests,
Now, therefore, be it resolved, that the City Council of the City of
Yonkers directs the Inspector General to undertake a review of the City of
Yonkers Freedom of Information Law (FOIL) requests to determine if
Yonkers is in compliance with the timely release of information, consistent
with FOIL requirements.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
21
RESOLUTION
12. BY COUNCILMEMBER BARBATO, COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS McDOW, GRONOWSKI AND MURTAGH;
WHEREAS, The Parish of St. Ann’s, on Midland Ave., will be
holding their “ St. Ann’s Annual Feast” Thursday, Sept. 24th thru Sunday,
Sept. 27th, 2009, and has requested permission from the City Council to
place 3 banners around town promoting the event, and
WHEREAS, St. Ann’s has asked that they be permitted to place
one (1) banner on Midland Ave. at Smart Ave.; one (1) banner on Palmer
Rd. at Kingston Ave., and one (1) banner on Yonkers Ave. in the 300
block, with removal as soon as possible after September 27th.
NOW, THEREFORE BE IT RESOLVED that the City Council of the
City of Yonkers hereby grants permission to St. Ann’s Parish to place
three (3) banners in the aforementioned locations, subject to any terms
and conditions deemed appropriate by the Administration to protect the
best interests of the City of Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
22
RESOLUTION
13. MAJORITY LEADER ANNABI, COUNCIL PRESIDENT LESNICK
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
WHEREAS, the late ROCCO MASSELLO was a widely respected
resident who worked hard in the City of Yonkers with many different
people during his years, and
WHEREAS, ROCCO MASSELLO was an Industrial Engineer for
Philips Electronics Instruments for many years before retiring in 1990, and
WHEREAS, ROCCO MASSELLO was very active in the
community, serving as a Director of the Congress of Italian Americans
Organization’s Help Center on Park Hill Avenue, and served as Chairman
of the Yonkers Columbus Day Committee, as well as a member of the
Board of Directors of the Yonkers Community Action Program, a school
board member of Our Lady of Mount Carmel –St. Anthony School and
was a volunteer for “My Sister’s Place” for battered women; and
WHEREAS, ROCCO MASSELLO was a loving husband to Lucille
Massello, a father to two children, Andrew Massello and Barbara
Massello, and a beloved grandfather; and
WHEREAS, it is with great sadness that the City Council mourns
the passing of ROCCO MASSELLO, but honors his life because he did so
much for his family, the City and its residents, and
WHEREAS, it is the desire of the City Council to honor the
Massello family’s requests to render a public and permanent reminder of
the accomplishments and achievements of this wonderful person; and
WHEREAS, the Yonkers City Council requires that a public hearing
take place for such a request.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
23
RESOLUTION (CONTINUED)
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers is to hold a public hearing on the matter of honorarily
renaming a portion of Glenbrook Avenue, between Lakeside Drive and
Van Cortlandt Park Avenue, as ROCCO MASSELLO AVENUE.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
24
RESOLUTION
14. BY MAJORITY LEADER ANNABI, COUNCIL PRESIDENT LESNICK,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO;
WHEREAS, Milad Nukho was born on January 10, 1935 in Al-
Huson, Jordan; and
WHEREAS, In April of 1970 Milad Nukho migrated to the United
States of America making his one and only stop in Yonkers; and
WHEREAS, Milad Nukho was a visionary who, through hard work
and perseverance, and the support of his wife and family, was able to
build a vast real estate conglomerate that essentially spans every corner
of the fourth largest city in the state of New York; and
WHEREAS, Milad Nhuko’s first real estate purchase in Yonkers
was a small apartment building located on 1 Morris Crescent; and
WHEREAS, in 1980 Milad purchased 578 South Broadway, a
Texaco gas and service station, and that Texaco repair shop on South
Broadway quickly became a renowned place of business in Yonkers,
developing a strong customer base where individuals could feel secure
with the comprehensive and superior service Milad provided over the past
30 years; and
WHEREAS, while many of his friends were moving to Arizona or
towns outside of Yonkers, Milad opted to stay in Yonkers where he
continued to invest and develop his future within this city; and
WHEREAS, Milad Nukho went on to purchase 66 Fanshaw Ave, 18
Ritchie Drive, 2 Wingate Road, 21 Rumsey Road, 563-573 South
Broadway, 167-171 Radford Street, 461 Riverdale Ave, and 790-800-808
Tuckahoe Road showing all disbelievers that Yonkers was worth
investing in;
WHEREAS, Milad Nukho invested his entire life into Yonkers and
never contemplated relocation and went out of his way to help his
community and furthermore would not hesitate to get his hands dirty to
help those in need; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
25
RESOLUTION (CONTINUED)
WHEREAS, Milad Nukho would often help a person stranded on
the side of the road, even while dressed in a suit and tie on his way to an
event with his family; and.
WHEREAS, the family of Milad Nukho, residents of 66 Fanshaw
Avenue, have requested that the city of Yonkers provide a sign bearing his
name, on the portion of South Broadway in Yonkers between Fanshaw
Avenue and Berkeley Avenue, as Milad has watched over South
Broadway for his entire life; and
WHEREAS, the Yonkers City Council requires that a public
hearing take place for such a request.
THEREFORE, be it resolved that the City Council is to hold a
public hearing on the matter, properly notified and publicized and that the
City Council of the City of Yonkers is to hold a public hearing on the matter
of honorarily renaming a portion of South Broadway, between Fanshaw
Avenue and Berkeley Avenue, as Milad Nukho Way.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 8, 2009
26
COMMITTEE REPORTS

Empire State Development Corporation Doles out $8.9million to Yonkers

http://www.lohud.com/article/20090906/NEWS02/909060315/1246/NEWS0224/Yonkers-gets--8.9M-for-redevelopment-projects