Lease Agreement with Fortunato Development Dated March by kmz14124

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									Committee of the Whole 7:30 P.M.
Stated Meeting 8:00 P.M.
City Council Chambers



                             ANNOTATED AGENDA
                     CITY COUNCIL OF THE CITY OF YONKERS
                               STATED MEETING
                          TUESDAY, FEBRUARY 13, 2007

                                                                    TIME: 8:20 P.M.


PRESENT:              PRESIDENT OF THE COUNCIL
                      CHUCK LESNICK
DISTRICT
      1               MAJORITY LEADER PATRICIA D. McDOW
      4               MINORITY LEADER LIAM J. McLAUGHLIN




COUNCIL MEMBERS:
DISTRIC
      2        SANDY ANNABI

       3              DENNIS M. ROBERTSON

       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 January 23, 2007 approved on motion of Majority
Leader Patricia D. McDow.
                        ANNOTATED AGENDA
                CITY COUNCIL OF THE CITY OF YONKERS
                          STATED MEETING
                     TUESDAY, FEBRUARY 13, 2007

                               INDEX

ITEM            DESCRIPTION                                  PAGE

1. LL2-2007     LOCAL LAW – CONVEYANCE – ASHBURTON AVENUE 7/11

2. LL3-2007     LOCAL LAW – EMPIRE ZONE – POP DISPLAY USA    12/14

3. LL 4-2007    LOCAL LAW – LIVING WAGE POLICY               15/23

4. SO 7-2007    S.O. – GRANT – VETERANS SERVICES AGENCY      24

5. SO 8-2007    S.O. – GRANT – POLICE DEPARTMENT $28,000     25

6. SO 9-2007    S.O. – GRANT – FIRE DEPARTMENT $232,000      26

7. SO 10-2007   S.O. – GRANT – FIRE DEPARTMENT $1,600.000    27

8. R.16-2007    RES. – SEQRA – ASHBURTON AVENUE              28/29

9. R.17-2007    RES. – SFC – FEASIBILITY STUDY               30/32

10. R.18-2007   RES. – APPOINTMENT – LOUIS C. KIRVEN III     33

11. R.19-2007   RES. – SETTLEMENT – TRUGLIO                  34

12. R.20-2007   RES. – SETTLEMENT – RIVERA                   35

13. R.21-2007   RES. – IMA – CROTON HEIGHTS APARTMENTS       36/37

14. R.22-2007   RES. – APPOINTMENT – DONNA GIAMBRONE         38

15. R.23-2007   RES. - COMMISSIONERS OF DEEDS                39

16. R.24-2007   RES - RE-APPOINTMENT – JOYCE FORTUNATO       40

17. R.25-2007   RES. – RE-APPOINTMENT – DEVIN WILLACY        41

18. R.26-2007   RES. – APPOINTMENT – BONNIE M. JENSEN        42

19. R.27-2007   RES. – BOARD OF ASSESSMENT - SIDNEY SLOVES   43/44

20. R.28-2007   RES. – SUNY YONKERS                          45/47

21. R.29-2007   RES. – BANNER – SACRED HEART HIGH SCHOOL     48



                                                                     2
                         ANNOTATED AGENDA
                 CITY COUNCIL OF THE CITY OF YONKERS
                           STATED MEETING
                      TUESDAY, FEBRUARY 13, 2007


                               INDEX

ITEM             DESCRIPTION                                PAGE

22. R.30-2007    RES. – BANNER – ST. BARTHOLOMEW CHURCH     49

23. R.31-2007    RES. – BANNER – ST. ANN SCHOOL             50

24. R.32-2007    RES. - HONORARIUM – GORTON HIGH SCHOOL     51/52

25. R.33-2007    RES. – HONORARIUM – BETH QUINN             53/54

25-A R.34-2007   RES. – HONORARIUM – PERSTINE WESLEY        55

25-B R.35-2007   RES. – HONORARIUM – STRATEGIC BUSINESS
                                     ALLIANCE           .   56/57




                                                                    3
        ANNOTATED AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
          STATED MEETING
     TUESDAY, FEBRUARY 13, 2007



         COMMUNICATIONS




                                      4
                     ANNOTATED AGENDA
             CITY COUNCIL OF THE CITY OF YONKERS
                       STATED MEETING
                  TUESDAY, FEBRUARY 13, 2007


                      COMMITTEE OF THE WHOLE

NAME                       ADDRESS                             ITEM NO.

1. Debra Cohen, Esq.       470 Mamaroneck Avenue
                           Mamaroneck, New York 10543            9

2. Deidre Hoare            16 Cross Street, Yonkers 10708      2, 9, 19

3. Thomas Courtney         65 Maple Place, Yonkers 10704         3

4. Dr. Judith Garan        745 Warburton Ave., Yonkers 10701     6, 9

5. Julie Weiner            1 Shonnard Terrace, Yonkers 10701     20

6. Rev. Jessie Brown       Locust Hill Avenue

7. Barry McGooey

8. Nortrude Spero          Sunnyside Drive




                                                                          5
                         ANNOTATED AGENDA
                 CITY COUNCIL OF THE CITY OF YONKERS
                           STATED MEETING
                      TUESDAY, FEBRUARY 13, 2007


                             PUBLIC HEARING


                      PROPOSED GENERAL ORDINANCE


    PUBLIC HEARING ON A PROPOSED GENERAL ORDINANCE AMENDING
    GENERAL ORDINANCE NO. 4-1968 AS READOPTED, CONFIRMED,
    REENACTED AND REAFFIRMED BY GENERAL ORDINANCE NO. 39-1970
    (COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF
    YONKERS) AND THE ZONING MAP BY CORRECTING SAID MAP BY
    CHANGING THE ZONE CLASSIFICATION OF LOT 52 IN BLOCK 5450, ALSO
    KNOWN AS 494 PALMER AVENUE FROM IT‟S PRESENT “T‟ ZONE DISTRICT
    CLASSIFICATION TO A „B‟ ZONE DISTRICT.

    26 Notices were mailed by the applicant
    9 Responses were received to date
    4 protest to change 4/9=44% of responses or 15% of notices Mailed
    5 consent to change 5/9=55% of responses or 19% of notices mailed
.
                                 SPEAKERS

    NAME                              ADDRESS

    1. Andrew Balint, Esq.            1 North Lexington Avenue, White Plains

    2. Ann Vizzini                    125 Gramatan Drive, Yonkers

    3. John O‟Toole                   7 Grosbeak Road, Yonkers 10701

    4. Paul Eugenio                   2 Kingston Avenue, Yonkers 10701

    5. John DelBene                   494 Palmer Road, Yonkers 10701




                                                                               6
                         ANNOTATED AGENDA
                 CITY COUNCIL OF THE CITY OF YONKERS
                           STATED MEETING
                      TUESDAY, FEBRUARY 13, 2007

                           LOCAL LAW NO. 2-2007

1.   BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
     MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
     ROBERTSON, MURTAGH AND BARBATO:

     A LOCAL LAW IN RELATION TO AUTHORIZING THE CONVEYANCE
     OF A CERTAIN PARCEL OF REAL PROPERTY AT 193 ASHBURTON
     AVENUE IN THE ASHBURTON AVENUE URBAN RENEWAL AREA TO
     PROVIDE RELOCATION HOUSING FOR THE MULFORD GARDENS
     HOPE VI PROJECT

           Be it enacted by the City Council of the City of Yonkers, as follows:

            Section 1. General City Law § 23 and the Second Class Cities Law
     § 37 are hereby superseded to the extent provided herein as follows:

         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
     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

         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 the area in and surrounding the Mulford
     Gardens Public Housing Project, in accordance with Section 504 of Article
     15 of the General Municipal Law of the State of New York (the “Ashburton
     Avenue Urban Renewal Area”), and the Agency caused to be prepared an
     urban renewal plan and a master plan for said area, to be known
     collectively herein as the “Urban Renewal Plan”; and

           The Agency submitted the Urban Renewal Plan to the Planning Board
     and the City Council of the City of Yonkers, which 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


                                                                               7
                     ANNOTATED AGENDA
             CITY COUNCIL OF THE CITY OF YONKERS
                       STATED MEETING
                  TUESDAY, FEBRUARY 13, 2007

               LOCAL LAW NO. 2-2007 (CONTINUED)

being in compliance with the provisions of Section 502(7) of Article 15 of
the General Municipal Law of the State of New York, and (iv) as
conforming to the finding made pursuant to Section 504 of said Article 15;
and

   The Urban Renewal Plan includes a redevelopment plan for the
Mulford Gardens Public Housing Project sponsored by the Municipal
Housing Authority for the City of Yonkers (the “Authority”) and funded
under the HOPE VI REVITALIZATION GRANT program made available
by the U.S. Department of Housing and Urban Development (“Mulford
Garden Hope VI Project”) which is incorporated into the Urban Renewal
Plan; and

    After conducting a competitive developer selection process, the
Authority entered into an agreement with Croton Heights I, LP (or with a
related and affiliated entity, hereinafter referred to as the “Developer”) to
undertake the re-development of the Mulford Gardens Hope VI project and
to acquire properties from the City and the Agency for purposes of the
project (the “Designation Agreement”); and

    The City of Yonkers is the fee title owner of certain vacant land located
in Lot 29 in Block 2079 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 of Yonkers for its
intended municipal purpose and is thereby considered surplus, and

       There has been presented to the City Council a proposed Land
Disposition Agreement (the “LDA”) between the City of Yonkers, the City
of Yonkers Industrial Development Agency (“YIDA”) and the Developer
which contemplates acknowledgement by the Agency and the disposition
of the Subject Property to the Developer by lease with YIDA with the
requirement for YIDA, its assignees or the Developer, to purchase the
Subject Property upon substantial completion of the project for the public
purpose of providing relocation housing for the Mulford Gardens Hope VI
Project.

  Section 2. The terms and conditions of the proposed LDA, as set forth
below, are hereby approved by the City Council, as the development



                                                                           8
                    ANNOTATED AGENDA
            CITY COUNCIL OF THE CITY OF YONKERS
                      STATED MEETING
                 TUESDAY, FEBRUARY 13, 2007

               LOCAL LAW NO. 2-2007 (CONTINUED)

of this property as stated hereinabove would be in the best interest of the
City of Yonkers:

           a. Disposition of the Property. The Subject Property will be
      disposed of on an “as-is” basis pursuant to a 50-year lease, or
      some other term of years appropriate to the financial plan for the
      redevelopment project, to YIDA with a requirement to purchase
      upon completion of substantial construction for $1 by YIDA or the
      Developer. A portion of the leased premises shall be used for the
      installation and construction of the Infrastructure Improvements
      (“Infrastructure Site”). The Infrastructure Site shall be subject to an
      easement granted to the County of Westchester during the term of
      certain County bonds issued in accordance with the County‟s
      Housing Infrastructure Program (“HIF”). The City, through YIDA,
      will cause the infrastructure work to be performed by the Developer,
      and the Developer will be responsible for the maintenance of the
      storm, sanitary sewer, parking area, utility and water lines servicing
      or affecting the Subject Property and constructed as part of the
      infrastructure work during the term of the County bonds issued to
      finance the infrastructure work.

          b. Developer. The Developer will develop the Subject Property
      in accordance with Article 18-A of the General Municipal Law
      (“YIDA Act”), the Designation Agreement, the LDA and the
      Ashburton Avenue Urban Renewal Plan.

         c. Ashburton Avenue Urban Renewal Plan The Yonkers
      Community Development Agency is the City‟s statutory agent for
      the urban renewal redevelopment plan, and will serve as the City‟s
      project representative for this project.


          d. Lease. Simultaneous with the execution of the development
      lease between the City and YIDA, YIDA will enter into a sublease
      with the Developer essentially on the same terms and conditions as
      the development lease (hereinafter, collectively referred to as the
      “Lease”). The Lease will provide that the Developer is responsible
      for all expenses, capital and operating, and that the Lease is a net
      lease at no cost to the City. Essentially no rent shall be due under
      the Lease ($10 per year).


                                                                           9
              ANNOTATED AGENDA
      CITY COUNCIL OF THE CITY OF YONKERS
                STATED MEETING
           TUESDAY, FEBRUARY 13, 2007


        LOCAL LAW NO. 2-2007 (CONTINUED)

        e. Project. The conceptual development plan for the
property is 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 includes a six- story building containing
approximately sixty residential dwelling units, community space and
approximately thirty-nine on-grade parking spaces for tenants and
their visitors.

    f. Environmental Costs. Developer will be responsible for all
Environmental Costs for the Residential Site and for the
Infrastructure Site..

    g. Firm Commitment Letter. Within 90 days of the City
Council‟s approval of the LDA, the Developer will provide a firm
commitment letter from a lender to finance the Improvements. If
Developer fails to obtain the firm commitment letter from a lender,
or fails to close on the financing by the time of Closing of the Lease,
the Land Disposition Agreement will be terminated.

    h. PUR Application/SEQRA. Developer, at its sole cost and
expense, will undertake all studies and applications required under
SEQRA, and has made application to the Yonkers City Planning
Board for a "PUR" approval and Site Plan Approval. The PUR
approval was approved by the City Council on October 24, 2006
and the Site Plan for the Residential Improvements and the
Infrastructure Improvements was approved by the Planning Board
on November 8, 2006, subject to any further amendments required
by the Developer and approved by the Planning Board or the City
Council.

   i. Infrastructure. Developer will pay for any infrastructure
costs not covered by the County‟s HIF program.

   j. Payments in Lieu of Taxes. Developer has applied to YIDA
for financial assistance including exemptions from sales taxes
during construction, mortgage recording taxes, certain transfer
taxes and a PILOT with payments to be negotiated consistent with
the Uniform Tax Exemption Policy.”


                                                                    10
                    ANNOTATED AGENDA
            CITY COUNCIL OF THE CITY OF YONKERS
                      STATED MEETING
                 TUESDAY, FEBRUARY 13, 2007

               LOCAL LAW NO. 2-2007 (CONTINUED)


       Section 3. The disposition of the Subject Property located at 193
Ashburton Avenue, Yonkers, New York by the City of Yonkers to YIDA, its
assignees or the Croton Heights I, LP, as Developer, in accordance with
the terms and provisions of the proposed Land Disposition Agreement to
be entered into by and among the City, YIDA and the Developer,
principally for the public purpose of providing relocation housing for the
Mulford Gardens Hope VI Project in accordance with Ashburton Avenue
Urban Renewal Plan, is hereby approved.

       Section 4.      The Mayor or the Deputy Mayor is hereby authorized
to enter into the Land Disposition Agreement and to execute any and all
documents necessary and convenient to carry out this Local Law,
including but not limited leases, deeds, easements and rights of way, and
any other documents, certificates or affidavits as may be approved by the
Corporation Counsel of the City of Yonkers.

      Section 5. This local law shall take effect as provided by law.


THIS LOCAL LAW WAS ADOPTED BY THE CITY COUNCIL AT A
STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
13, 2007 BY A VOTE OF 7-0.




                                                                        11
                         ANNOTATED AGENDA
                 CITY COUNCIL OF THE CITY OF YONKERS
                           STATED MEETING
                      TUESDAY, FEBRUARY 13, 2007

                           LOCAL LAW NO. 3-2007

2.   BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
     MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
     ROBERTSON, MURTAGH AND BARBATO:

     A LOCAL LAW IN ACCORDANCE WITH ARTICLE 18-B OF THE
     GENERAL MUNICIPAL LAW ENTITLED “NEW YORK STATE EMPIRE
     DEVELOPMENT ZONE ACT” TO MAKE APPLICATION FOR POP
     DISPLAY USA LLC, AS A REGIONALLY SIGNIFICANT PROJECT
     WITHIN THE YONKERS EMPIRE ZONE.

            Be it enacted by the City Council of the City of Yonkers, as follows:

            WHEREAS, pursuant to Article 18-B of the General Municipal Law,
     the Yonkers City Council authorized, pursuant to Local Law No. 3-1987
     adopted on February 23, 1988, the submission and execution of the final
     application for designation of certain areas in the City of Yonkers as an
     Economic Development Zone within the meaning of said statute, and such
     designation was approved by the New York State Commissioner of
     Economic Development (the “Commissioner”) for an Economic
     Development Zone (now known as an Empire Zone), which application
     was amended by Local 13-1989 and Local Law 1-1992 and approved by
     the Commissioner; and

                  WHEREAS, the City Council authorized, pursuant to Local
     Law 1-2002, the submission of proposed revised and expanded
     boundaries for the Yonkers Empire Zone to the Commissioner and
     received approval from the Commissioner for its revised and expanded
     boundaries in accordance with Section 969(c) of Article 18-B of the
     General Municipal Law, effective as of March 12, 2002; and

                    WHEREAS, the New York State Legislature and the
     Governor have enacted into law changes to the Empire Zone program as
     set forth in Chapter 63, Laws of 2005 and Chapter 161, Laws of 2005 (the
     “Act”), which Act provides, amongst other things, that the City of Yonkers
     may make application to the Commissioner for a “regionally significant
     project” for inclusion in the Yonkers Empire Zone (“Regionally Significant
     Project”); and




                                                                               12
                     ANNOTATED AGENDA
             CITY COUNCIL OF THE CITY OF YONKERS
                       STATED MEETING
                  TUESDAY, FEBRUARY 13, 2007

                LOCAL LAW NO. 3-2007 (CONTINUED)

        WHEREAS, in accordance with the Act, the Yonkers Empire Zone
Administrative Board (the “Local Board”) prepared an application for
Pop Display USA LLC (successor to DIAM USA, Inc., and hereinafter
referred to as “POP Display”) as a Regionally Significant Project, which
plant is located at 555 Tuckahoe Road, Yonkers, New York 10710 at
Section 4, Block 4038, Lots 1, 101, 201, 301 and 401 on the Tax Map of
the City of Yonkers, creating an additional 50 or more net new jobs over
the next five years, and retaining approximately 600 of such jobs; and

       WHEREAS, DIAM USA, Inc., a manufacturer of point-of-purchase
displays, was previously certified within the boundaries of the Yonkers
Empire Zone which were in effect on April 7, 2004, but was de-certified
when DIAM USA, Inc. and POP Display USA LLC merged, and as a
result of the merger, was not eligible to remain certified when the Yonkers
Empire Zone boundary lines were re-drawn and redesignated; and

        WHEREAS, the Director of the statewide Empire Zones Program
has indicated in a letter to the Mayor of the City of Yonkers dated
December 4, 2006 that it has been determined that POP Display meets
the criteria of Section 957(d) of Article 18-B of the General Municipal Law
as a Regionally Significant Project; and that as such, this project is eligible
for inclusion within the Yonkers Empire Zone, notwithstanding that it is
outside the separate and distinct contiguous areas of the Yonkers Empire
Zone, as required by the Act, and if approved by the Commissioner and
the State of New York, the acreage associated with this project will be
included in the Yonkers Empire Zone but will not be counted against the
two-square mile limitation of available acreage; and

       WHEREAS, the Local Board has, by resolution adopted on
December 19, 2006, authorized submission of the POP Display
application as a Regionally Significant Project to this City Council for
review and approval prior to submission to the Commissioner and the
State of New York; and

        WHEREAS, the inclusion of POP Display as a Regionally
Significant Project to be located in the Yonkers Empire Zone, could greatly
benefit the State and the region in that such inclusion would retain this
employer in the State of New York and generate new jobs for City of
Yonkers residents; and



                                                                             13
                      ANNOTATED AGENDA
              CITY COUNCIL OF THE CITY OF YONKERS
                        STATED MEETING
                   TUESDAY, FEBRUARY 13, 2007

                LOCAL LAW NO. 3-2007 (CONTINUED)

      WHEREAS, it is the desire of this City Council to authorize the
submission of the application for POP Display to the Commissioner, as a
Regionally Significant Project to be located in the Yonkers Empire Zone,

        NOW, THEREFORE, BE IT ENACTED, by the City Council of the
City of Yonkers:

     Section 1. The City of Yonkers is hereby authorized and
empowered to submit to the Commissioner an application for the inclusion of
POP Display USA LLC as a Regionally Significant Project to be located in the
Yonkers Empire Zone; provided however, that such authorization and
empowerment shall be conditioned upon the concurrence through properly
adopted resolution(s), with respect to such application, of the governing bodies
of any and all cities, towns and villages in which such Regionally Significant
Project is located.

      Section 2. This local law shall take effect upon filing in the Office of
the Secretary of State as provided by Section 27 of the Municipal Home
Rule Law.

THIS LOCAL LAW WAS ADOPTED BY THE CITY COUNCIL AT A
STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
13, 2007 BY A VOTE OF 7-0.




                                                                                   14
                           ANNOTATED AGENDA
                   CITY COUNCIL OF THE CITY OF YONKERS
                             STATED MEETING
                        TUESDAY, FEBRUARY 13, 2007

                              LOCAL LAW NO. 4-2007

3.   BY MAJORITY LEADER McDOW AND COUNCILMEMBER
     ROBERTSON; COUNCIL PRESIDENT LESNICK AND
     COUNCILMEMBER ANNABI,

     A LOCAL LAW ESTABLISHING A LIVING WAGE POLICY FOR THE CITY
     OF YONKERS

             BE IT ENACTED by the City Council of the City of Yonkers:

             Section 1.The City Code of Yonkers is amended to add a new Chapter,
     as follows:
                                     ARTICLE
                                LIVING WAGE LAW

     Section 1      Definitions
     Section 2      Living Wage Established
     Section 3      Reporting Requirements
     Section 4      Compliance, Enforcement and Sanctions
     Section 5      Retaliation and Discrimination Barred
     Section 6      Ban on Use of Public Assistance for Pro-or Anti-Union Activities
     Section 7      Non-Impairment of Existing Contracts
     Section 8      Severability


     Section 1      Definitions

     For the purposes of this Local Law, the following terms shall have the following
     meanings:

              CITY – the City of Yonkers and any City board, commission, bureau,
     division, department, administrative unit, or other office, position, administration,
     institution or agency of City government (1) the expenses of which are paid in
     whole or in part from the City general funds, or (2) over which majority control is
     exercised by officers of the City or their appointees. This definition shall include
     Authorities, as well as development agencies, including but not limited to the
     Industrial Development Agency, Yonkers Parking Authority, Yonkers Municipal
     Housing Authority, Section 108 Loan Agency, the Yonkers Empowerment Zone,
     Yonkers Empire Zone.

             CONTRACTING AGENCY – any subordinate or component entity of the
     City that solicits proposals or bids and administers Service Contracts or City
     Assistance agreements.




                                                                                        15
                      ANNOTATED AGENDA
              CITY COUNCIL OF THE CITY OF YONKERS
                        STATED MEETING
                   TUESDAY, FEBRUARY 13, 2007

                LOCAL LAW NO. 4-2007 (CONTINUED)

         SERVICE CONTRACT – any written agreement whereby the City is
committed to expend funds for services provided to or for the City and that
involves an expenditure of at least twenty-five thousand dollars ($25,000) in any
12-month period. The term "Service Contract" shall not include contracts where
services are incidental to the delivery of products, equipment or commodities.
The term "Service Contract" shall include agreements whereby the City leases
property and receives services pursuant to that lease. For the purposes of this
definition, City expenditures for more than one contract for the same service from
the same vendor within any 12-month period shall be aggregated. A contract for
the purchase or lease of goods, products, equipment, supplies or other property
is not a "Service Contract" for the purposes of this definition. A subcontract shall
be considered a "Service Contract" for the purposes of this Chapter where the
subcontract is entered into to assist the primary contractor in performing services
for the City.

         CITY ASSISTANCE – any tax abatement, grant, loan, bond financing or
other economic incentive of at least twenty-five thousand dollars ($25,000) over
the life of the agreement that is realized by or provided to a Covered Employer,
as herein defined, by or through the authority or approval of the City or any
Contracting Agency.

        SERVICE CONTRACTOR – shall mean any person that enters into a
service contract with the City or with the recipient of City assistance regarding
the performance of services within the City of Yonkers or with a party that is the
subject of a City lease or concession agreement.

        COVERED EMPLOYER – any employer that is a (1) service contractor;
(2) subcontractor to a service contractor; (3) recipient of City Assistance; (4)
tenant or concessionaire of a recipient of City Assistance; or (5) tenant or
concessionaire of the City where the relevant service contract, City Assistance,
lease or concession agreement was entered into or renewed subsequent to the
effective date of this law and where the employer employs at least ten (10) full-
time equivalent employees regardless of whether those employees are covered
employees or not.

        COVERED EMPLOYEE – shall mean a person employed by a covered
employer, to (1) perform work in, on or for a project that is subject of a service
contract, or (2) perform work at a site or on a project for which City assistance
was granted or that is the subject of a City lease or concession agreement;
including a person who performs work on a full-time, part-time, contingent or
contracted basis, including a person made available to work through an agency
providing temporary services, including staffing agencies and employment
agencies or similar entities. For the purposes of this act, a person employed as
part of a City or private youth employment program is not a covered employee.


                                                                                 16
                      ANNOTATED AGENDA
              CITY COUNCIL OF THE CITY OF YONKERS
                        STATED MEETING
                   TUESDAY, FEBRUARY 13, 2007

                 LOCAL LAW NO. 4-2007 (CONTINUED)

      FULL-TIME EQUIVALENT – any combination of hours worked by one or
more employees equivalent to between 35 and 40 hours (or more) per week.

        PERSON – any entity or its agents, employees, representatives or legal
representatives, including, but not limited to, natural persons, corporations,
partnerships, limited liability companies, joint ventures, associations, labor
organizations, educational institutions, mutual companies, joint stock companies,
trusts, unincorporated organizations, trustees in bankruptcy, receivers or
fiduciaries.

        SUBCONTRACTOR – any person, other than an employee, that enters
into a service contract with a service contractor to assist the primary service
contractor in performing a service contract.

       Section 2       Living Wage Established

         1. Applicability. Covered Employers shall pay no less than a living wage
to their Covered Employees. This requirement applies for each hour that a
Covered Employee actually performs work or renders services in connection with
a City Service Contract or subcontract, in connection with a project, matter or
location for which the Covered Employer has received City Assistance or that is
the subject of a City lease or concession agreement. Covered employers shall
pay the greater of the living wage pursuant to this law or the prevailing wage that
would be applicable to such employees if they were subject to any federal, state
or local prevailing wage law.

        2. Amount of Living Wage. The living wage shall be calculated on an
hourly basis and shall be no less than $9.00 per hour with health benefits, as
described in this local law, or otherwise $10.00per hour. The living wage shall be
adjusted upwardly on an annual basis no later than April 1, in proportion to the
annual increase, if any, in the Consumer Price Index for the area encompassing
the City of Yonkers, for all items over the preceding year. The City shall publish,
in a daily newspaper of general circulation in the City of Yonkers by March first of
each year a notice announcing the adjusted rates. Said bulletin will be
distributed by the City to all City agencies, departments and offices, and Covered
Employers upon publication.

     3. Health Benefits. Health benefits shall consist of the payment of the
Covered Employer to its Covered Employees or on their behalf, of at least one
dollar and fifty cents ($1.50) per hour towards the provision of health care
benefits contribution shall be one dollar and fifty cents ($1.50) per hour in the first
year of this law and shall be adjusted upwardly every year thereafter at rate
equivalent to that of the Living Wage pursuant paragraph 2 of this section. Proof



                                                                                    17
                      ANNOTATED AGENDA
              CITY COUNCIL OF THE CITY OF YONKERS
                        STATED MEETING
                   TUESDAY, FEBRUARY 13, 2007

                 LOCAL LAW NO. 4-2007 (CONTINUED)

of the provision of such benefits must be submitted to the City not later than thirty
(30) days after the execution of the relevant Service Contract, award of City
Assistance, or City lease or concession agreement in order to qualify for the
wage rate in paragraph 2 of this section.

       4. Compensated Leave. Covered Employees shall provide at least twelve
(12)compensated days leave per year to Covered Employees for sick leave,
vacation, or personal necessity at the employee's request. Employees shall
accrue one compensated day of leave per month of full-time equivalent
employment. Covered Employees shall be eligible to use accrued days off after
the first six months of employment or consistent with company policy, whichever
is sooner. Paid holidays, consistent with established employer policy, may be
counted toward provision of the required twelve (12) compensated days off.

    5. Uncompensated Leave. Covered Employers shall also permit Covered
Employees to take at least ten (10) days per year of uncompensated leave to be
used for sick leave for the illness of the Covered Employee of a member of his or
her immediate family. Uncompensated leave need not accrue from year to year.

    6. No Reduction in Collective Bargaining Wage Rates. Nothing in this law
shall be read to require or authorize any Covered Employer to reduce wages
set by a collective bargaining agreement or required under any prevailing wage.

    7.    Cuts in Non-Wage Benefits Prohibited. No Covered Employer may
fund wage increases required by this local law or otherwise respond to the
requirements of this Chapter, by reducing the health, insurance, pension,
vacation, or other non-wage benefits of any of its employees.

    8.     Covered Employers shall inform employees making less than ($9.50)
per hour of their possible right to the federal earned income tax credit (EITC)
under Section 32 of the Internal Revenue Code of 1954, and shall make
available to employees forms informing them about EITC and forms required to
secure advance EIC payments from the employer.

    9        All City Service Contracts, agreements to award City Assistance,
leases or concession agreements shall contain an agreement by said
employers or said recipients to comply with living wage requirements set forth
herein, as well as to not discriminate on the basis of race, color, religion, sex,
national origin, age, marital status, sexual preference, discharge from military
service or handicap unrelated job ability.




                                                                                     18
                      ANNOTATED AGENDA
              CITY COUNCIL OF THE CITY OF YONKERS
                        STATED MEETING
                   TUESDAY, FEBRUARY 13, 2007

                LOCAL LAW NO. 4-2007 (CONTINUED)


       Section 3      Reporting Requirements

1. Notice of Application for Service Contract, city lease or concession agreement
or City Assistance. Any and all Service Contracts, City leases or concession
agreements, or agreements to provide City Assistance shall be void, and no
Service Contract, City lease or concession agreement or City Assistance shall be
awarded, unless at least twenty-one (21) days before the Service Contract, City
lease or concession agreement or City Assistance is awarded, the Covered
Employer files with the City of Yonkers, a publicly available application which
shall include the following:

       a. The name, address and telephone number of both the prospective
Covered Employer, and, if different, the specific project for which the Service
Contract, City lease, concession or City Assistance is sought;

        b. A description of the project or service for which the Service Contract,
lease, concession agreement, or City Assistance is sought;

       c. A statement of projected number of employees by job title, under the
prospective Service Contract, lease, concession agreement, or project for which
City Assistance is sought;

       d. A statement of the projected wage levels of all Covered Employees in
each of the years for which a Service Contract, lease, concession agreement or
City Assistance is sought; and

        e. A written commitment to pay all Covered Employees a Living Wage,
as defined under this Chapter, unless an exception is granted under this Chapter.

         2.            Payroll Record Keeping and Reporting. Each Covered
Employer shall, maintain payrolls for all Covered Employees and basic records
relating thereto and shall preserve them for a period of three years. The records
shall contain the zip code of each employee's place of residence; the number of
hours worked each day, the gross wages, deductions made, actual wages paid,
a record of non-wage benefit payments, and any other data as may be required
by the City from time to time. Every six months, each Covered Employer shall
file with the City a complete payroll showing the Covered Employer's payroll
records for each of its Covered Employees for on payroll period. Upon request
by the City, a Covered Employer shall produce for inspection and copying its
payroll records for all of its Covered Employees for the three-year period.




                                                                                  19
                      ANNOTATED AGENDA
              CITY COUNCIL OF THE CITY OF YONKERS
                        STATED MEETING
                   TUESDAY, FEBRUARY 13, 2007

                LOCAL LAW NO. 4-2007 (CONTINUED)


      3.            Annual Reports from Covered Employers. Covered
Employers shall provide annual reports to the City of Yonkers of their
employment activities, including job title, health benefits, period of employment
and wage rate of Covered Employees.

       Section -4.    Compliance, Enforcement and Sanctions.

1. Covered Employer Cooperation. Upon written notice received by the
Covered Employer three business days prior to an on-site inspection, the
Covered Employer shall permit representatives from the City to observe work
being performed at, or in or on the project or matter for which the Covered
Employer has received a Service Contract, lease, concession agreement or City
Assistance, to interview employees and to examine the books and records of the
Covered Employer relating to employment and payroll to determine if the
Covered Employer is in compliance with the provisions of this Chapter.

2. Posting. Upon hiring, and by January 15 of each year, Covered Employers
shall provide all employees with materials provided by the City informing them of
their rights under this law. Every Covered Employer shall conspicuously post on
its premises, in an area where notices to employees and applications for
employment are kept, two copies of this law or other materials designed by
regulation, informing employees of their rights under this law.

3. Grievance Procedure. A person who believes that any Covered Employer is
not complying with the requirements of this Chapter has the right to file a
complaint with the City. Complaints of alleged violations may be made at any
time and shall be investigated promptly by the City. Written and oral statements
in support of the complaint shall be treated as confidential and shall not be
disclosed to the Covered Employer without the consent of the Covered
Employees.

4. Duties of the City. It shall be the responsibility of the City to examine
payrolls as deemed necessary to determine compliance and cause investigations
to be made as necessary to monitor compliance with the provisions of this law.
The City shall promptly cause investigations to be made into complaints alleging
non-compliance by Covered Employers. The City may in conjunction with the
City Council, in accordance with the powers herein granted, require the
production by the Covered Employer of such evidence as required to determine
compliance with the provisions of this Chapter.




                                                                                    20
                      ANNOTATED AGENDA
              CITY COUNCIL OF THE CITY OF YONKERS
                        STATED MEETING
                   TUESDAY, FEBRUARY 13, 2007

                 LOCAL LAW NO. 4-2007 (CONTINUED)


  5. Disputed findings of non-compliance. A Covered Employer may dispute a
finding of non-compliance by requesting a hearing with the City to present
evidence to refute the allegation of non-compliance. Based upon the evidence
presented at said hearing, the City (or the Corporation Counsel or the City
Council) shall make final determination on the question of compliance.

6.     Where a finding of non-compliance with this law has been determined by
the City, the Service Contractor or recipient of City Assistance, or a City lease or
concession agreement will be given written notice by the City. The Covered
Employer shall be given the right to cure the violation within thirty (30) days from
the date of the notice. Should the Covered Employer fail to cure the violation
within such time, the City shall impose sanctions including one or more of the
following:

a. Suspending and/or terminating the Service Contract, subcontract, City
 assistance,City lease, concession agreement or financial agreement for cause;
b. Requiring the Covered Employer to pay back any or all of the Service
Contract, subcontract, City Assistance, City lease, concession agreement or
financial agreement awarded by the City;
c.Deeming the Covered Employer ineligible for future City Service Contracts, City
Assistance, City leases or City concession agreements, until all penalties and
restitution have been paid in full and until the City determines to restore eligibility;
d.Imposing a fine payable to the City of Yonkers in the sum of five hundred
dollars ($500) for each week for each employee found not to have been paid in
accordance with this law; or
e. Requiring the Covered Employer to: (1) reinstate the affected employee; (2)
make restitution of wages to the employee; (3) grant to the employee any
additional make whole relief deemed appropriate by the City, and (4) pay to the
affected employee liquidated damages of five hundred dollars ($500) per week
for any periods of non-compliance with this law affecting the Covered Employee.

            7.      Corporation Counsel shall promulgate procedures for the
legaenforcement of the requirements of this law.

              8.             Private Right of Action. In addition to any other
remedy provided for under this Chapter, employee, an employee's
representative, a labor union with an interest in the Service Contract, City lease,
City concessionagreement or City Assistance at issue, or any other aggrieved
party claiming violation of this local law may institute an action in a court of
appropriate jurisdiction against any Covered Employer or other party alleged to
have violated this Chapter. For any violation of this Chapter, including failure to
pay the Living Wage required benefits, failure to comply with other requirements
of this Chapter and retaliation for exercising rights provided hereunder, the court


                                                                                     21
                       ANNOTATED AGENDA
               CITY COUNCIL OF THE CITY OF YONKERS
                         STATED MEETING
                    TUESDAY, FEBRUARY 13, 2007

                 LOCAL LAW NO. 4-2007 (CONTINUED)

 may award any appropriate remedy at law or equity, including, but not limited to
 back pay, other equitable or make-whole relief, liquidated damages in the
 amount of five hundred dollars ($500) for each employee for each week during
which the violation continued, reinstatement, injunctive relief, compensatory
damages and/or punitive damages. The Court shall award reasonable attorney's
fees and costs to any complaining party who prevails in any such enforcement
action. Such action must be commenced within three years of the date on which
the complainant became aware of the alleged violation. No remedy set forth in
this Chapter is intended to be exclusive or a prerequisite for asserting a claim for
relief to enforce any rights hereunder in a court of law. This Chapter shall not be
 construed to limit an employee's right to bring a common law cause of action for
 wrongful termination.

                9.     Wage protest not required. Notwithstanding any
inconsistent provision of this Chapter or of any other general, special or local
law, or regulation, an employee affected by this law shall not be barred from the
right to recover the difference between the amount paid to the employee and the
amount that should have been paid under the provisions of this Chapter because
of the prior receipt by the employee without protest of wages paid or on account
of the employee's failure to state orally or in writing upon any payroll receipt of
which the employee is required to sigh that all wages received by the employee
are received under protest, or on account of the employees failure to indicate a
protest against the amount, or that the amount so paid does not constitute
payment in full of wages due the employee for the period covered by such
payment.

        Section 5.     Retaliation and discrimination barred.

               It shall be unlawful for any person to retaliate or discriminate
against an individual for making known a violation of this Chapter, for seeking or
communicating information regarding rights conferred by this Chapter, for
exercising any other right protected under this Chapter or for participating in any
proceeding relating to this Chapter. The protection shall also apply to any
individual who mistakenly, but in good faith, alleges a violation of this Chapter, or
who seeks or communicates information regarding rights conferred by this
Chapter in circumstances where he or she mistakenly, but in good faith believes
this law is applicable. Taking adverse action against an individual within sixty
(60) days of the individual's engaging in any of the aforementioned activities shall
raise a rebuttable presumption of having done so in retaliation for those activities.




                                                                                  22
                      ANNOTATED AGENDA
              CITY COUNCIL OF THE CITY OF YONKERS
                        STATED MEETING
                   TUESDAY, FEBRUARY 13, 2007

                LOCAL LAW NO. 4-2007 (CONTINUED)

             Section 6.      Ban on Use of Public Assistance for Pro-or Anti-
Union Activity

                 Covered Employers shall use all City Assistance and payments
for services received from the City for purposes for which they are awarded. No
Covered Employer shall directly or indirectly, use any City Assistance or
payments for the purpose of persuading employees to support or oppose
unionization. In particular, City Assistance or payments for services received
from the City shall not be used to schedule or hold meetings related to union
representation during employees' working hours. However, this restriction shall
no apply to any expenditure made in the course of good faith collective
bargaining, or to any expenditure pursuant to obligations incurred under a bona-
fide collective bargaining agreement.

           Section 7.      Non-impairment of existing Service Contracts or City
                                   Assistance.

        Nothing contained herein shall operate to impair any existing Service
Contract, City lease, concession agreement or award of City assistance. The
provisions of this Chapter shall apply to (1) a Service Contract entered into and
City Assistance provided after the effective date of this law; (2) a Service
Contract amendment executed after the effective date of this Chapter which is
otherwise covered under this Chapter; or (3) supplemental City Assistance
provided for after the effective date of this Chapter which is otherwise covered
under this Chapter.

       Section 8.       Severability

        This local law will take effect as allowed by law. The sections,
subsections and paragraphs of this Chapter shall be deemed sevarable and the
declaration by a court of competent jurisdiction that any part hereof is invalid
shall not affect the remaining parts of this Chapter.

THIS LOCAL LAW WAS ADOPTED BY THE CITY COUNCIL AT A
STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
13, 2007 BY A ROLL CALL VOTE OF 4-3, MINORITY LEADER
McLAUGHLIN, COUNCILMEMBERS MURTAGH AND BARBATO
VOTING “NAY”.




                                                                                  23
                            ANNOTATED AGENDA
                    CITY COUNCIL OF THE CITY OF YONKERS
                              STATED MEETING
                         TUESDAY, FEBRUARY 13, 2007


                          SPECIAL ORDINANCE NO. 7-2007

4.     BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
       MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
       ROBERTSON, MURTAGH AND BARBATO:

A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT BUDGET
FOR FISCAL YEAR 2006/2007.

       The City of Yonkers hereby ordains and enacts:

        Section 1: The City‟s Grant Budget for fiscal year 2006/2007 is hereby amended
by increasing revenues and appropriations for the Veteran‟s Services Agency for a grant
from New York State Office of Parks, Recreation and Historic Preservation for Memorial
Day activities.

Increase Estimated Revenues

New York State Office of Parks,
Recreation and Historic
Preservation                         049-G18-1407-8450                    $20,000

Increase Appropriation

Veteran‟s Services Special Project   049-G18-1407-0496                    $20,000


        Section 2: The unencumbered balance of such appropriation equals or exceeds
the estimated expenditures the City requires for such purpose during the remainder of
the budget year.

       Section 3: This ordinance shall take effect immediately.

THIS SPECIAL ORDINANCE WAS ADOPTED BY THE CITY COUNCIL AT A
STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY 13,
2007 BY A VOTE OF 7-0.




                                                                                    24
                             ANNOTATED AGENDA
                     CITY COUNCIL OF THE CITY OF YONKERS
                               STATED MEETING
                          TUESDAY, FEBRUARY 13, 2007

                          SPECIAL ORDINANCE NO. 8-2007

5.     BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
       MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
       ROBERTSON, MURTAGH AND BARBATO:

A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT BUDGET
FOR FISCAL YEAR 2006/2007.

       The City of Yonkers hereby ordains and enacts:

        Section 1: The City‟s Grant Budget for fiscal year 2006/2007 is hereby amended
by increasing revenues and appropriations for the Police Department for a grant from the
Generoso Pope Foundation to purchase new motors for the City of Yonkers Harbor Unit.

Increase Estimated Revenues

Department of Homeland Security     049-G16-3261-3423               $28,000

Increase Appropriation

Police Equipment - Motors           049-G16-3261-0250               $28,000

        Section 2: The unencumbered balance of such appropriation equals or exceeds
the estimated expenditures the City requires for such purpose during the remainder of
the budget year.

       Section 3: This ordinance shall take effect immediately.


THIS SPECIAL ORDINANCE WAS ADOPTED BY THE CITY COUNCIL AT A
STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY 13,
2007 BY A VOTE OF 7-0.




                                                                                     25
                            ANNOTATED AGENDA
                    CITY COUNCIL OF THE CITY OF YONKERS
                              STATED MEETING
                         TUESDAY, FEBRUARY 13, 2007

                          SPECIAL ORDINANCE NO. 9-2007

6.     BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
       MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
       ROBERTSON, MURTAGH AND BARBATO:

A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT BUDGET
FOR FISCAL YEAR 2006/2007.

       The City of Yonkers hereby ordains and enacts:

        Section 1: The City‟s Grant Budget for fiscal year 2006/2007 is hereby amended
by increasing revenues and appropriations for the Fire Department for a grant from NYS
Office of Homeland Security for preparedness training and funding to enhance the
department‟s pharmaceutical stock pile.

Increase Estimated Revenues

NYS Office of Homeland Security     049-G07-3441-3435                   $232,330

Increase Appropriation

Fire – Overtime                     049-G07-3441-0198                    $64,000
Fire Equipment                      049-G07-3441-0250                   $161,330
Miscellaneous Supplies              049-G07-3441-0313                     $2,000
Miscellaneous Expenses              049-G07-3441-0419                     $5,000
                                                                        $232,330

        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.

THIS SPECIAL ORDINANCE WAS ADOPTED BY THE CITY COUNCIL AT A
STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY 13,
2007 BY A VOTE OF 7-0.




                                                                                   26
                            ANNOTATED AGENDA
                    CITY COUNCIL OF THE CITY OF YONKERS
                              STATED MEETING
                         TUESDAY, FEBRUARY 13, 2007

                         SPECIAL ORDINANCE NO. 10-2007

7.     BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
       MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
       ROBERTSON, MURTAGH AND BARBATO:

A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT BUDGET
FOR FISCAL YEAR 2006/2007.

       The City of Yonkers hereby ordains and enacts:

        Section 1: The City‟s Grant Budget for fiscal year 2006/2007 is hereby amended
by increasing revenues and appropriations for the Fire Department for a grant from NYS
Office of Homeland Security to conduct training exercises and sustain the department‟s
regional response team training program.

Increase Estimated Revenues

Department of Homeland Security     049-G07-3442-3435                  $1,600,000

Increase Appropriation

Fire – Overtime                     049-G07-3442-0198                   $650,000
Fire Equipment                      049-G07-3442-0250                   $900,000
Miscellaneous Supplies              049-G07-3442-0313                     $30,000
Miscellaneous Expenses              049-G07-3442-0419                     $20,000
                                                                       $1,600,000

        Section 2: The unencumbered balance of such appropriation equals or exceeds
the estimated expenditures the City requires for such purpose during the remainder of
the budget year.

       Section 3: This ordinance shall take effect immediately.

THIS SPECIAL ORDINANCE WAS ADOPTED BY THE CITY COUNCIL AT A
STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY 13,
2007 BY A VOTE OF 7-0.




                                                                                    27
                           ANNOTATED AGENDA
                   CITY COUNCIL OF THE CITY OF YONKERS
                             STATED MEETING
                        TUESDAY, FEBRUARY 13, 2007


                            RESOLUTION NO. 16-2007

8.   BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
     MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
     ROBERTSON, MURTAGH AND BARBATO:

     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 PROPOSED SALE OF CERTAIN PROPERTY AT 193 ASHBURTON
     AVENUE, YONKERS, NEW YORK TO THE YONKERS INDUSTRIAL
     DEVELOPMENT AGENCY.

            WHEREAS, there is pending before the Yonkers City Council the
     proposed sale of certain property located at 193 Ashburton Avenue as identified
     on the Official Map of the City of Yonkers as Section 2, Block 2079 Lot 29 to the
     Yonkers Industrial Development Agency.

            WHEREAS, the City Council has determined that the proposed sale of
     said real property is an Unlisted Action under the State Environmental Quality
     Review Act (“SEQRA”) requiring the City Council to comply with the regulations
     promulgated pursuant to SEQRA, and

             WHEREAS, an Environmental Assessment Form has been prepared to
     assist the City Council in complying with its responsibilities under SEQRA, and

              WHEREAS, The City Council has carefully considered the proposed
     action and has reviewed the annexed Environmental Assessment Form and the
     criteria set forth in Section 617.7 of 6 NYCRR Part 617 of the SEQRA regulations
     and has identified and carefully considered the relevant areas of environmental
     concern as are fully set forth in Said Environmental Assessment Form to
     determine if the proposed action will have a significant impact upon the
     environment and

            NOW THEREFORE, BE IT RESOLVED by the Yonkers City Council that
     based upon its 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 sale of real property
     at 193 Ashburton Avenue as identified on the Official Map of the City of Yonkers
     as Section 2, Block 2079 Lot 29 to the Yonkers Industrial Development Agency.




                                                                                       28
                     ANNOTATED AGENDA
             CITY COUNCIL OF THE CITY OF YONKERS
                       STATED MEETING
                  TUESDAY, FEBRUARY 13, 2007

              RESOLUTION NO. 16-2007 (CONTINUED)


        BE IT FURTHER RESOLVED, that the Council President is authorized
and directed to sign the Determination of Significance in the annexed
Environmental Assessment Form, on behalf of the City Council pursuant to
Article 8 of the Environmental Conservation Law, indicating that the proposed
action will not result in any significant adverse environmental impacts and to
immediately transmit same to be filed and made available pursuant to the
requirements of 6 NYCRR Part 617, and

      BE IT FURTHER RESOLVED, that this Resolution shall take effect
immediately.


THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
13, 2007 BY A VOTE OF 7-0.




                                                                                 29
                           ANNOTATED AGENDA
                   CITY COUNCIL OF THE CITY OF YONKERS
                             STATED MEETING
                        TUESDAY, FEBRUARY 13, 2007

                            RESOLUTION NO. 17-2007

9.   BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
     MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
     ROBERTSON, MURTAGH AND BARBATO:

     RESOLUTION OF THE CITY COUNCIL: (1) FINDING THAT IT IS FEASIBLE
     AND APPROPRIATE TO UNDERTAKE A STUDY TO DETERMINE WHETHER
     A REDEVELOPMENT PROJECT WITHIN THE AREA DESCRIBED IN EXHIBIT
     8 TO THE APPLICATION/PETITION OF STRUEVER FIDELCO CAPPELLI, LLP
     IS FEASIBLE; (2) AUTHORIZING STRUEVER FIDELCO CAPPELLI, LLP TO
     UNDERTAKE A STUDY TO DETERMINE THE FEASIBILITY OF A
     REDEVELOPMENT PROJECT WITHIN THE AREA; (3) FINDING THAT THE
     UNDERTAKING OF THE STUDY IS A TYPE II ACTION UNDER SECTION
     617.5(C)(21) OF THE REGULATIONS OF THE STATE ENVIRONMENTAL
     QUALITY REVIEW ACT

              WHEREAS, on October 24, 2006, Struever Fidelco Cappelli, LLC (“SFC”)
     duly filed an Application/Petition with the City Clerk for certain approvals from the
     City Council for the development of the projects known and described in the
     Application/Petition as “Palisades Point,” “River Park Center” and “Cacace
     Center” (collectively, the “SFC Project”); and

             WHEREAS, the Application/Petition requests that the City Council
     establish a “redevelopment project” under New York General Municipal Law
     Article 18-C within the area of the City described in Exhibit 8 to the
     Application/Petition (such area, the “Survey Area”); and

            WHEREAS, the Application/Petition requests that the City issue tax
     increment bonds and/or tax increment bond anticipation notes for the purpose of
     carrying out and/or administering a redevelopment plan for the proposed
     redevelopment project within the Survey Area, the proceeds of which would be
     used for the objects and purposes set forth in New York General Municipal Law
     Section 970-o(i)(i)-(iv); and

            WHEREAS, SFC proposes to develop the SFC Project within the Survey
     Area; and

            WHEREAS, SFC has stated to the City Council that the SFC Project is
     not economically viable unless the City issues tax increment bonds and/or tax
     increment bond anticipation notes, the proceeds of which would be used to,
     among other things, finance the construction of some or all elements of public
     parking facilities, public water, sewer and storm water drainage systems, public
     road improvements, and other necessary public improvements integral to the
     SFC Project (the “Integral Public Improvements”); and



                                                                                       30
                      ANNOTATED AGENDA
              CITY COUNCIL OF THE CITY OF YONKERS
                        STATED MEETING
                   TUESDAY, FEBRUARY 13, 2007

               RESOLUTION NO. 17-2007 (CONTINUED)


        WHEREAS, the City may issue tax increment bonds and/or tax increment
bond anticipation notes only in furtherance of a redevelopment project duly
established under New York General Municipal Law Article 18-C; and

       WHEREAS, SFC would be willing to undertake on behalf of the City
Council and at SFC‟s sole cost and expense a study to determine if a
redevelopment project within the Survey Area is feasible.

        NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Yonkers that pursuant to New York General Municipal Law Section 970-d, the
City Council hereby finds that it is appropriate and feasible to undertake a study
(the “Survey Area Study”) to determine whether a redevelopment project within
the Survey Area described in Exhibit 8 to the Application/Petition of SFC is
feasible; and be it further

       RESOLVED, that pursuant to New York General Municipal Law Section
970-d, the City Council hereby authorizes and directs SFC to undertake the
Survey Area Study on behalf of the City Council; and be it further

       RESOLVED, that SFC shall undertake the Survey Area Study at SFC‟s
sole cost and expense; and be it further

        RESOLVED, that the City Council does not by this resolution commit to
establish a redevelopment project within the Survey Area, but only to authorize
the preparation of the Survey Area Study to determine whether a redevelopment
project within the Survey Area is feasible; and be it further

        RESOLVED, that the City Council finds that the Survey Area Study is a
preliminary feasibility study necessary to the formulation of a proposal for action
that does not commit the City of Yonkers or the City Council to commence,
engage in, or approve any action, and further finds that the undertaking of the
Survey Area Study is therefore a Type II action under Section 617.5(c)(21) of the
regulations of the State Environmental Quality Review Act; and be it further




                                                                                31
                  ANNOTATED AGENDA
          CITY COUNCIL OF THE CITY OF YONKERS
                    STATED MEETING
               TUESDAY, FEBRUARY 13, 2007

                   RESOLUTION NO. 17-2007


    RESOLVED, that this resolution shall take effect immediately.

THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
13, 2007 BY A VOTE OF 7-0.




                                                                    32
                         ANNOTATED AGENDA
                 CITY COUNCIL OF THE CITY OF YONKERS
                           STATED MEETING
                      TUESDAY, FEBRUARY 13, 2007


                         RESOLUTION NO. 18-2007

10.   BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
      MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
      ROBERTSON, MURTAGH AND BARBATO:

            BE IT RESOLVED, that the Yonkers City Council hereby gives its
      advice and consent to the appointment of LOUIS C. KIRVEN III as
      Commissioner of Planning and Development.

      MOTION BY MINORITY LEADER McLAUGHLIN, SECONDED BY
      COUNCILMEMBER BARBATO TAKE THIS RESOLUTION AS THE
      FIRST ORDER OF BUSINESS. THE MOTION WAS CARRIED
      UNANIMOUSLY.

      THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
      STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
      13, 2007 BY A VOTE OF 7-0.




                                                                             33
                          ANNOTATED AGENDA
                  CITY COUNCIL OF THE CITY OF YONKERS
                            STATED MEETING
                       TUESDAY, FEBRUARY 13, 2007


                           RESOLUTION NO. 19-2007

11.   BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
      MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
      ROBERTSON, 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
      Three Thousand Dollars ($3,000.00) of the action entitled, “Steven Truglio,
      (residing at 13 Woodland Blvd., Cortlandt Manor, NY 10567), Plaintiff
      against THE CITY OF YONKERS, Defendant", for personal injuries arising
      out of an accident alleging that on November 14, 2005 the plaintiff was
      involved in an accident with a City of Yonkers vehicle on the Saw Mill
      River Parkway, in Elmsford, New York, be and the same hereby is
      approved and the Comptroller of the City of Yonkers is directed to draw
      his warrant in the amount of ThreeThousand Dollars ($3,000.00) in favor
      of said plaintiff and his attorney, Russell S. Salerno, 775 Park Avenue,
      Suite 255, Huntington, NY 11743.

      THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
      STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
      13, 2007 BY A VOTE OF 7-0.




                                                                              34
                          ANNOTATED AGENDA
                  CITY COUNCIL OF THE CITY OF YONKERS
                            STATED MEETING
                       TUESDAY, FEBRUARY 13, 2007

                           RESOLUTION NO. 20-2007


12.   BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
      MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
      ROBERTSON, 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
      TEN THOUSAND ($10,000.00) of the case entitled LUIS A. RIVERA v.
      CITY OF YONKERS et al. defendants; court index number 05 CV 7104
      (RJH); for violations of civil rights allegedly sustained by plaintiff as a
      result to his incarceration between August 14, 2004 and August 20, 2004;
      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 TEN
      THOUSAND ($10,000.00) in favor of said plaintiff and his attorney,
      Michael B. Ronemus, payable to: “Ronemus & Vilensky, attorneys for
      Luis A. Rivera”, 112 Madison Avenue – 2nd Floor, New York, New York
      10016.

      THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
      STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
      13, 2007 BY A VOTE OF 7-0.




                                                                               35
                            ANNOTATED AGENDA
                    CITY COUNCIL OF THE CITY OF YONKERS
                              STATED MEETING
                         TUESDAY, FEBRUARY 13, 2007


                             RESOLUTION NO. 21-2007

13.   BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
      MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
      ROBERTSON, MURTAGH AND BARBATO:

      RESOLUTION OF THE YONKERS CITY COUNCIL AUTHORIZING THE
      MAYOR OF THE CITY OF YONKERS TO ENTER INTO THE INTER-
      MUNICIPAL AGREEMENT WITH THE COUNTY OF WESTCHESTER IN
      CONNECTION WITH THE DEVELOPMENT OF AFFORDABLE HOUSING
      KNOWN AS THE CROTON HEIGHTS APARTMENTS.

             WHEREAS, the County of Westchester has established a Housing
      Implementation Fund (“HIF”) designed to fund the construction of sewer and
      water facilities, public improvements, including streets, sidewalks, lighting and
      appurtenant landscaping {“Infrastructure Improvements”) in connection with the
      proposed development of affordable housing in Westchester County; and

             WHEREAS, the City Council of the City of Yonkers adopted Resolution
      No. 164-2006 on September 26, 2006 authorizing the Mayor to apply for funding
      in an amount not to exceed $2,000,000 under the HIF program in order to
      finance the Infrastructure Improvements for an affordable housing development
      under the U.S. Department of Housing and Urban Development HOPE VI
      REVITALIZATION GRANT program; and

              WHEREAS, the County of Westchester has agreed to fund the
      construction of said Infrastructure Improvements in the amount of
      $910,000 in connection with the construction of a six-story building
      containing approximately sixty residential dwelling units, community space
      and approximately thirty-nine on-grade parking spaces for tenants and
      their visitors, in accordance with the Ashburton Avenue Urban Renewal
      Plan, and located at 193 Ashburton Avenue in Section 2, Block 2079, Lot
      29 of the Tax Map of the City of Yonkers; and

              WHEREAS, the City of Yonkers, as owner of the property on which said
      Infrastructure Improvements will be provided and funded by the County, has
      agreed to implement the construction of said improvements on behalf of the
      County, subject to the terms and conditions of an Inter-Municipal Agreement
      negotiated between the parties;




                                                                                      36
                     ANNOTATED AGENDA
             CITY COUNCIL OF THE CITY OF YONKERS
                       STATED MEETING
                  TUESDAY, FEBRUARY 13, 2007


              RESOLUTION NO. 21-2007 (CONTINUED)

        NOW THEREFORE, BE IT RESOLVED, that the Mayor of the City of
Yonkers is hereby authorized to enter into the Inter-Municipal Agreement (“IMA”)
with the County of Westchester in connection with the development of affordable
housing known as the Croton Heights Apartments.

THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
13, 2007 BY A VOTE OF 7-0.




                                                                              37
                         ANNOTATED AGENDA
                 CITY COUNCIL OF THE CITY OF YONKERS
                           STATED MEETING
                      TUESDAY, FEBRUARY 13, 2007


                         RESOLUTION NO. 22-2007

14.   BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER
      McDOW, MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS
      ANNABI, ROBERTSON, MURTAGH AND BARBATO:

            BE IT RESOLVED that the Yonkers City Council hereby gives its
      advice and consent to the appointment of Donna Giambrone Ingram, 97
      Hudson Terrace, Yonkers, New York, 10701, to the Landmarks
      Preservation Board for a three -year term to expire on December 31,
      2009.

      THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
      STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
      13, 2007 BY A VOTE OF 7-0.




                                                                            38
                          ANNOTATED AGENDA
                  CITY COUNCIL OF THE CITY OF YONKERS
                            STATED MEETING
                       TUESDAY, FEBRUARY 13, 2007


                           RESOLUTION NO. 23-2007

15.   BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
      MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
      ROBERTSON, 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 March 31, 2009:

      Miriam Forte
      82 Homecrest Oval
      Yonkers, New York 10701

      Clerk – Board of Education                          RENEWAL


      Peter A. Harris
      1470 Midland Avenue
      Apartment 50
      Yonkers, New York 10708

      Real Estate Broker                                  NEW


      Sonia Morales
      29 Abeel Street
      Yonkers, New York 10705

      Legal Assistant                                     RENEWAL

      THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
      STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
      13, 2007 BY A VOTE OF 7-0.




                                                                          39
                          ANNOTATED AGENDA
                  CITY COUNCIL OF THE CITY OF YONKERS
                            STATED MEETING
                       TUESDAY, FEBRUARY 13, 2007


                         RESOLUTION NO. 24-2007

16.   BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
      MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
      ROBERTSON, MURTAGH AND BARBATO:

             BE IT RESOLVED, that the Yonkers City Council hereby re-
      appoints Joyce Fortunato, 80 Lawrence Park Terrace, Bronxville, N.Y.
      10708, to the Yonkers Board of Assessment and Review for a five year
      term to expire on December 31, 2010.


      THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
      STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
      13, 2007 BY A VOTE OF 7-0.




                                                                             40
                           ANNOTATED AGENDA
                   CITY COUNCIL OF THE CITY OF YONKERS
                             STATED MEETING
                        TUESDAY, FEBRUARY 13, 2007

                           RESOLUTION NO. 25-2007


17..   BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
       MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
       ROBERTSON, MURTAGH AND BARBATO:

             BE IT RESOLVED, that the Yonkers City Council hereby re-
       appoints Devin I. Willacy, 71 Warwick Road Yonkers, N.Y. 10708, to the
       Yonkers Board of Assessment and Review for a five year term to expire
       on September 9, 2011.


       THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
       STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
       13, 2007 BY A VOTE OF 7-0.




                                                                            41
                         ANNOTATED AGENDA
                 CITY COUNCIL OF THE CITY OF YONKERS
                           STATED MEETING
                      TUESDAY, FEBRUARY 13, 2007


                         RESOLUTION NO. 26-2007

18.   BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
      MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
      ROBERTSON, MURTAGH AND BARBATO:

            BE IT RESOLVED, that the Yonkers City Council hereby appoints
      Bonnie Jensen, 52 Dover Lane, Yonkers, N.Y. 10710, to the Yonkers
      Board of Assessment and Review for a five year term to expire on
      December 31, 2011.

      MOTION BY COUNCILMEMBER ROBERTSON, SECONDED BY
      MAJORITY LEADER McDOW TO TAKE THE ABOVE RESOLUTION
      OUT OF ORDER. THE MOTION WAS CARRIED UNANIMOUSLY.

      THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
      STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
      13, 2007 BY A VOTE OF 7-0.




                                                                        42
                          ANNOTATED AGENDA
                  CITY COUNCIL OF THE CITY OF YONKERS
                            STATED MEETING
                       TUESDAY, FEBRUARY 13, 2007


                          RESOLUTION NO. 27-2007


19.   BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
      MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
      ROBERTSON, MURTAGH AND BARBATO:

             WHEREAS, The City of Yonkers is proud to have many outstanding
      individuals who serve the City notably and with distinction; and

              WHEREAS, The Board of Assessment and Review is a quasi-
      judicial body charged with reviewing protests of property tax assessments;
      and

            WHEREAS, Philip A. Zisman, Inspector General of the City of
      Yonkers, wrote in a memo, dated December 3, 2002, that the Board of
      Assessment and Review “consists of four community members with
      knowledge of property values in the City, who are appointed by the City
      Council. Community members are paid $6,000 annually for their services,
      and the Chairman receives $6,500”; and

            WHEREAS, Sidney Sloves, honorably served the City of Yonkers
      Board of Assessment and Review for a period of over 30 years, and
      served as the Board‟s Chairman for a period of nine years, ending
      December 31, 2006; and

             WHEREAS, Sidney Sloves, was not compensated the additional
      $500 annual stipend for serving as the Board‟s Chairman for said nine
      years, a total sum of $4,500; and

             NOW, THEREFORE, BE IT RESOLVED, The City of Yonkers
      gratefully thanks Sidney Sloves for his more than three decades of
      distinguished service and immediately and appropriately compensates him
      for such work; and be it further




                                                                              43
                 ANNOTATED AGENDA
         CITY COUNCIL OF THE CITY OF YONKERS
                   STATED MEETING
              TUESDAY, FEBRUARY 13, 2007


          RESOLUTION NO. 27-2007 (CONTINUED)

    RESOLVED, that this resolution take effect immediately.


THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
13, 2007 BY A VOTE OF 7-0.




                                                              44
                            ANNOTATED AGENDA
                    CITY COUNCIL OF THE CITY OF YONKERS
                              STATED MEETING
                         TUESDAY, FEBRUARY 13, 2007


                              RESOLUTION NO. 28-2007


20.   BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
      MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
      ROBERTSON, MURTAGH AND BARBATO:

              WHEREAS, the City of Yonkers is the fourth largest city in New York
      State, with a population of over 200,000 people and with a total public school
      enrollment of over 26,000 students, and

             WHEREAS, the State University of New York provides a wonderful and
      affordable college education to thousands of students in New York State, has
      educated about 40% of New York State college graduates, and helps provide the
      well-educated and well-trained workforce that New York State needs to compete
      economically, and

             WHEREAS, of all of the “Big 5” cities in New York State, which include
      New York City, Rochester, Syracuse, Buffalo, and Yonkers, only Yonkers does
      not have a full four-year SUNY campus; indeed, Syracuse, which has fewer
      enrolled students than Yonkers, has two major SUNY institutions, and Buffalo
      also has two SUNY campuses;

              WHEREAS, the nearest four-year public engineering degree programs
      available to Yonkers students is located at SUNY New Paltz, which offers only
      computer and electrical engineering degrees;

             WHEREAS, New York State businesses continue to demand employees
      with technical training and degrees, and a technically trained workforce is critical
      to preserving and developing the New York State manufacturing sector, and

              WHEREAS, in the past, technology-savvy Yonkers residents like Elisha
      Otis and Edwin Armstrong have made important contributions to our modern
      global civilization, having invented, among other brilliant innovations, the elevator
      safety brake, which made possible the development of the skyscrapers that
      characterize the modern city, and FM radio; and,

               WHEREAS, the Yonkers Board of Education is establishing a new
      Riverside High School of Engineering and Design, which will provide pre-
      engineering course work, and the educators of Saunders High School currently
      offer five excellent pre-engineering programs: Computer Circuitry, Computerized
      Industrial Design, Architecture, Chemistry Technology and Biological and
      Environmental Technology in cooperation with SUNY‟s Westchester Community




                                                                                        45
                      ANNOTATED AGENDA
              CITY COUNCIL OF THE CITY OF YONKERS
                        STATED MEETING
                   TUESDAY, FEBRUARY 13, 2007

               RESOLUTION NO. 28-2007 (CONTINUED)

College and other private colleges as well as IBM, thus creating an environment
in Yonkers for synergistic relationships among high schools, colleges and
industry for the education of future engineers that would be further enhanced by
the establishment in Yonkers of a four-year SUNY College of Engineering and
Applied Sciences; and

        WHEREAS, a number of other Yonkers High Schools also offer pre-
engineering and technology curriculum, including Roosevelt High School which
offers the Global Science Academy and Gorton High School which offers the
Academy of Information Technology and the Academy of Computer Science
and

       WHEREAS, according to SUNY Chancellor John R. Ryan, citing years of
economic research, every dollar invested by the State in higher education
generates at least eight dollars to the state economy in enhanced economic
development, jobs and technological innovation; and

       WHEREAS, it is the mission of the State University of New York to
operate a diverse SUNY System that meets the needs of both traditional and
non-traditional students, as well as the goals of New York's local and regional
communities, and it is the objective of SUNY to produce more graduates in high-
needs fields such as healthcare, engineering and technology that the New York
State economy needs to compete nationally; and

        WHEREAS, a group of committed Yonkers citizens, inspired by
the vision of Reverend Jesse Brown of the necessity for a SUNY College of
Engineering and Applied Sciences in Yonkers, has convened a Committee for
SUNY Yonkers for the purpose of persuading the SUNY Trustees to create such
a four-year, accessible, affordable campus here; and the Committee for SUNY
Yonkers has already drafted a persuasive position paper, submitted it to WCC
President Joseph Hankin and SUNY Chancellor John Ryan, and received word
from Chancellor Ryan of SUNY's intention seriously to consider the proposal
during the university's current review of how well its 64 campuses currently fulfill
its mission, particularly in the light of the absence of any nearby SUNY
engineering program; and

       WHEREAS, the students of Yonkers Public Schools are incredibly bright
and hard working and deserve the greatest opportunities to advance themselves
and to attain a degree which will allow them to thrive in the workplace and give
back to Yonkers and New York State.

       NOW, THEREFORE BE IT RESOLVED, that in order to better to serve
Yonkers students, the City Council of Yonkers hereby gives its full support to



                                                                                  46
                      ANNOTATED AGENDA
              CITY COUNCIL OF THE CITY OF YONKERS
                        STATED MEETING
                   TUESDAY, FEBRUARY 13, 2007


               RESOLUTION NO. 28-2007 (CONTINUED)


attempts to establish, in Yonkers, an accessible, affordable competitive four-year
bachelor‟s-level degree-granting SUNY college; and

        BE IT FURTHER RESOLVED, that the City Council of Yonkers supports
designating the future SUNY Yonkers as a college of Engineering and Applied
Sciences, and if deemed feasible, to offer majors in industrial/manufacturing
engineering and technology, transportation engineering and technology,
computer engineering and technology, telecommunications engineering and
technology, environmental engineering and technology, biomedical engineering
and technology, civil engineering and technology, and the history and economics
of science and technology; and

        BE IT FURTHER RESOLVED, that the City Council of Yonkers supports
the Chancellor of SUNY in his plans to analyze the feasibility of establishing a
SUNY College of Engineering and Applied Sciences in Yonkers and, if the
project is deemed feasible, urges him to move forward with approval, and with
seeking approval from all the other individuals and bodies with a role in
approving such a SUNY-Yonkers, in a timely manner.

THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
13, 2007 BY A VOTE OF 7-0.




                                                                                47
                          ANNOTATED AGENDA
                  CITY COUNCIL OF THE CITY OF YONKERS
                            STATED MEETING
                       TUESDAY, FEBRUARY 13, 2007


                         RESOLUTION NO. 29-2007


21.   BY COUNCILMEMBER ROBERTSON; COUNCIL PRESIDENT
      LESNICK, MAJORITY LEADER McDOW, MINORITY LEADER
      McLAUGHLIN, COUNCILMEMBERS ANNABI, MURTAGH AND
      BARBATO:

            WHEREAS, Sacred Heart High School Players will be presenting
      the musical Sweet Charity on March 30, 2007, March 31, 2007, and April
      1, 2007 and is requesting permission from the City Council to hang a
      banner promoting this event; and

            WHEREAS, permission has been requested to hang the banner on
      North Broadway at Gateway Road; and

             WHEREAS, it is requested that the banner be placed at this
      location on or about March 1, 2007 and be removed as soon after April 1,
      2007 as possible;

              NOW, THEREFORE, BE IT RESOLVED, the City Council of the
      City of Yonkers hereby grants permission to Sacred Heart High School to
      have a banner placed at the aforementioned location, subject to any terms
      and conditions deemed appropriate by the Administration to protect the
      best interests of the City of Yonkers.


      THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
      STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
      13, 2007 BY A VOTE OF 7-0.




                                                                             48
                           ANNOTATED AGENDA
                   CITY COUNCIL OF THE CITY OF YONKERS
                             STATED MEETING
                        TUESDAY, FEBRUARY 13, 2007

                          RESOLUTION NO. 30-2007


22.   BY COUNCILMEMBER BARBATO; COUNCIL PRESIDENT LESNICK,
      MAJORITY LEADER McDOW, MINORITY LEADER McLAUGHLIN,
      COUNCILMEMBERS ANNABI, ROBERTSON AND MURTAGH:

            WHEREAS, St. Bartholomew Church, located at 278 Saw Mill River
      Road in Yonkers will hold its annual “Sweepstakes Social" on Friday,
      March 23, 2007, and has requested permission from the City Council to
      place banners in the area promoting this event, and

             WHEREAS, St. Bartholomew Church has asked that they be
      permitted to place four (4) banners at the following locations: (1) on North
      Broadway & Executive Blvd. (2) Central Park Ave. & the Tuckahoe Road
      Bridge (3) Yonkers Ave. & Gold‟s Gym; and the last at McLean & Central
      Park Ave., on or around February 26, 2007 and to be removed as soon
      after March 23, 2007 as is possible.

              NOW, THEREFORE BE IT RESOLVED, that the City Council of the
      City of Yonkers hereby grants permission to St. Bartholomew Church 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.

      THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
      STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
      13, 2007 BY A VOTE OF 7-0.




                                                                                 49
                          ANNOTATED AGENDA
                  CITY COUNCIL OF THE CITY OF YONKERS
                            STATED MEETING
                       TUESDAY, FEBRUARY 13, 2007


                         RESOLUTION NO. 31-2007


23.   BY COUNCILMEMBER BARBATO; COUNCIL PRESIDENT LESNICK,
      MAJORITY LEADER McDOW, MINORITY LEADER McLAUGHLIN,
      COUNCILMEMBERS ANNABI, ROBERTSON AND MURTAGH:


            WHEREAS, Saint Ann School, located at 40 Brewster Avenue
      in Yonkers will hold its “Annual Card Party" Friday April 27, 2007, and has
      requested permission from the City Council to place banner/s in the area
      promoting this event, and

             WHEREAS, Saint Ann School has asked that they be
      permitted to place one (1) banner at the intersection of Smart and Midland
      Avenue's, on or around March 27, 2007 and to be removed as soon after
      April 27, 2007 as is possible.

              NOW, THEREFORE BE IT RESOLVED, that the City Council of the
      City of Yonkers hereby grants permission to Saint Ann School to place
      one banner 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.

      THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
      STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
      13, 2007 BY A VOTE OF 7-0.




                                                                               50
                         ANNOTATED AGENDA
                 CITY COUNCIL OF THE CITY OF YONKERS
                           STATED MEETING
                      TUESDAY, FEBRUARY 13, 2007


                          RESOLUTION NO. 32-2007


24.   BY COUNCILMEMBER BARBATO; COUNCIL PRESIDENT LESNICK,
      MAJORITY LEADER McDOW, MINORITY LEADER McLAUGHLIN,
      COUNCILMEMBERS ANNABI, ROBERTSON AND MURTAGH:

             WHEREAS, the City of Yonkers is truly blessed and privileged to
      have a spectacularly beautiful montage of communities, groups, and clubs
      that proudly represent many nations and peoples from around the world,
      making the City of Yonkers a splendidly diverse display of “citizens of the
      world”; and

              WHEREAS, foremost among these groups is the Gorton High
      School Unity Club, an inclusive group that gives students an opportunity to
      participate in the anti-intolerance program, Meeting Hate With Humanity;
      and

             WHEREAS, The Unity Club brings students together to learn about,
      appreciate, respect, and celebrate the similarities and differences of
      diverse groups of people and in doing so, make countless noteworthy
      contributions to this city and our county, endlessly seeking to promote the
      cherished traditions that have endured for many generations; and

             WHEREAS, Unity Club members learn about leadership,
      teamwork, and action planning as they plan and carry out acts of service,
      loving kindness, and charity as they participate in activities that enhance
      the quality of life of people in need; and

             WHEREAS, adding to the success and the illustrious history of the
      Unity Club, with great pride and admiration, are Gorton High School
      teachers Beth Quinn, Mark Silberstein, and America Vazquez-Santiago,
      who serve as club advisors and facilitators; and

             WHEREAS, a partnership was established between Saint Joseph‟s
      Nursing Home and Gorton High School‟s Unity Club, and students go to
      the home several times during the year, visiting with and entertaining the
      residents, interviewing many of the residents (of which two books have
      been written about them), and the students have completed the second
      year of the Unity Club‟s Mentorship Program with fifth graders at P.S. # 9;
      and


                                                                                51
                        AGENDA
          CITY COUNCIL OF THE CITY OF YONKERS
                    STATED MEETING
               TUESDAY, FEBRUARY 13, 2007


           RESOLUTION NO. 32-2007(CONTINUED)

       WHEREAS, in June 2006, the Unity Club received the “Above and
Beyond Award” from ABC-Channel 7, one of only four schools in the tri-
state area to be so honored, and in December 2006, the Unity Club
received the “Outstanding Human Rights Achievement Award” by the
Westchester Human Rights Commission; and

       NOW, THEREFORE BE IT RESOLVED, that the Yonkers City
Council hereby honors the Gorton High School Unity Club, its members
and distinguished faculty advisors, and extends its most sincere and
grateful thanks to them for dedicating their time and hard work, and
wishes them much continued success in their ongoing effort to make
Yonkers, and the world around them, a better place for all.

THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
13, 2007 BY A VOTE OF 7-0.




                                                                       52
                                AGENDA
                  CITY COUNCIL OF THE CITY OF YONKERS
                            STATED MEETING
                       TUESDAY, FEBRUARY 13, 2007


                            RESOLUTION NO. 33-2007


25.   BY COUNCILMEMBER BARBATO; COUNCIL PRESIDENT LESNICK,
      MAJORITY LEADER McDOW, MINORITY LEADER McLAUGHLIN,
      COUNCILMEMBERS ANNABI, ROBERTSON AND MURTAGH:

              WHEREAS, the City of Yonkers is proud to have many outstanding
      individuals who serve the City notably and with distinction, especially teachers, in
      whose care are our most precious individuals; and

              WHEREAS, Beth Quinn, a product herself of the Yonkers Public Schools,
      and a 1969 graduate of Yonkers High School, who went on to earn both her
      baccalaureate and graduate degrees in special education from Herbert H.
      Lehman College, and began her own teaching career at P.S. #18 in 1973, later
      joined the staff at Emerson Junior High School, and has been teaching at Gorton
      High School for the past 18 years; and

             WHEREAS, Beth Quinn is an innovative teacher who uses cutting edge
      techniques and strategies in her daily work, evidenced by an academic incentive
      program she created for her students called A Celebration of Excellence, in
      which students are encouraged to do their personal best as well as help their
      classmates do their best, culminating in an award ceremony each June; and

               WHEREAS, Nine years ago, Beth Quinn created a program called
      Meeting Hate with HumanityTM, which is a proactive response to intolerance,
      which allowed her to organize numerous activities that engage students in the
      examination of racism, prejudice and anti-Semitism and show their responsibility
      in fighting intolerance; and

             WHEREAS, Beth Quinn has cultivated a partnership with Irvington High
      School to help students from both schools explore issues of diversity and
      develop leadership skills; and

             WHEREAS, Seven years ago, after participating in the Meeting Hate with
      Humanity programs for 2 years, students asked Beth Quinn to serve as advisor
      of a new club at Gorton High School, creating the Unity Club, of which there are
      approximately 50 current members, and two co-facilitators, Mark Silberstein and
      America Vazquez-Santiago; and




                                                                                       53
                         AGENDA
           CITY COUNCIL OF THE CITY OF YONKERS
                     STATED MEETING
                TUESDAY, FEBRUARY 13, 2007


                RESOLUTION NO. 33-2007 CONTINUED


       WHEREAS, through Beth Quinn‟s efforts, 900 tenth graders, over three
years, have participated in Wings of Witness, a project, once completed, will
represent a 10-ton butterfly sculpture memorial to the 11 million innocent people
murdered during the Holocaust, and made from 11 million soda can pull tabs,
which 34,000 young people from 23 states will have participated in this project,
adding new dimension to the study of the Holocaust; and

        WHEREAS, Beth Quinn established a partnership between Saint
Joseph‟s Nursing Home and Gorton High School‟s Unity Club, and students go to
the home several times during the year, visiting with and entertaining the
residents, interviewing many of the residents (of which two books have been
written about them), and the students have completed the second year of the
Unity Club‟s Mentorship Program with fifth graders at PS # 9; and

       WHEREAS, Beth Quinn has been named “Outstanding Educator” from
the Anne Frank Center, USA, received the “Above and Beyond Award” from
ABC-7, the “PTA Jenkins Lifetime Achievement Award” from Gorton H.S. and
was a finalist for the “Louis A. Yavner Award”; and

       WHEREAS, thanks in large part to Beth Quinn‟s actions in June 2006, the
Unity Club received the “Above and Beyond Award” from ABC-7, one of only four
schools in the tri-state area to be so honored and in December 2006, the Unity
Club received the “Outstanding Human Rights Achievement Award” by the
Westchester Human Rights Commission; and

         NOW, THEREFORE, BE IT RESOLVED, The City of Yonkers
congratulates Beth Quinn for her years of dedicated and notable service, and
extends its most sincere and grateful thanks to her in recognition for all of her
ongoing efforts and never-ending passion to make extraordinary contributions to
this city and its residents.

THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
13, 2007 BY A VOTE OF 7-0.




                                                                               54
                              AGENDA
                CITY COUNCIL OF THE CITY OF YONKERS
                          STATED MEETING
                     TUESDAY, FEBRUARY 13, 2007


                          RESOLUTION NO. 34-3007

25-A. BY MAJORITY LEADER MCDOW; COUNCIL PRESIDENT LESNICK,
     MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
     ROBERTSON, MURTAGH AND BARBATO;

          WHEREAS, individuals who reach out to help others to improve their
     communities and advocate for the rights of all people are to be commended, and

            WHEREAS, Perstine Wesley has distinguished himself in that he has
     been at the forefront of providing support to others in need within the City of
     Yonkers and a voice to African-American community for a number of years, and

             WHEREAS, Perstine Wesley formed Wesley and Friends, Inc. as a
     charitable organization to provide donations and gifts to the poor and needy,
     particularly during Thanksgiving, and

             WHEREAS, Perstine Wesley has also volunteered with a number of
     organizations, including the Yonkers YWCA‟s Celebrity Chefs Program and
     Majority Leader McDow‟s Black History Tour Committee, and

             WHEREAS, Perstine Wesley embodies the spirit of community
     involvement and generosity that makes our city great and that is instrumental in
     providing resources to those who need it most, and

           WHEREAS, Perstine Wesley will be honored by the City Council of
     Yonkers at its Stated Meeting of Tuesday, February 13, 2007 during African-
     American Heritage Month.

            NOW, IT IS THEREFORE RESOLVED that the City Council of Yonkers
     hereby commends and congratulates Perstine Wesley for all the great work that
     he has accomplished in Yonkers and for its residents.

     THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
     STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
     13, 2007 BY A VOTE OF 7-0.




                                                                                     55
                             AGENDA
               CITY COUNCIL OF THE CITY OF YONKERS
                         STATED MEETING
                    TUESDAY, FEBRUARY 13, 2007


                         RESOLUTION NO. 35-2007

25-B. BY MAJORITY LEADER MCDOW; COUNCIL PRESIDENT LESNICK,
     MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS ANNABI,
     ROBERTSON, MURTAGH AND BARBATO;

            WHEREAS, organizations that promote business inclusion for
     minorities and women should be commended, and

            WHEREAS, one such organization is the Strategic Business
     Alliance of Yonkers, and

           WHEREAS, the Strategic Business Alliance of Yonkers is an
     entrepreneurial organization, whose President is Marlin Wiggins and
     whose purpose it is to advocate for the needs and rights of Minority and
     Women Businesses, and

            WHEREAS, the Strategic Business Alliance of Yonkers was co-
     founded by Majority Leader McDow approximately two years ago, and has
     since been at the forefront of providing support and a voice for minority
     and women businesses, and

           WHEREAS, the Strategic Business Alliance of Yonkers is
     empowered by the strength of its membership and leadership: men and
     women who are willing to work toward the common goal of empowering
     people of color and women to stand and be counted within the business
     community of the City of Yonkers, and

            WHEREAS, through networking opportunities and business events
     the Strategic Business Alliance of Yonkers strives to promote a positive
     agenda that will result in fairness and more business opportunities for all
     and recognizes that the betterment of minority and women owned
     businesses will result in a brighter tomorrow for all, and

           WHEREAS, the Strategic Business Alliance of Yonkers will be
     honored by the Yonkers City Council at its Stated Council Meeting held on
     Tuesday, February 13, 2007 in Yonkers Council Chambers, in recognition
     and celebration of African American Heritage Month.




                                                                                56
                        AGENDA
          CITY COUNCIL OF THE CITY OF YONKERS
                    STATED MEETING
               TUESDAY, FEBRUARY 13, 2007


            RESOLUTION NO. 35-2007 (CONTINUED)

       NOW, THEREFORE BE IT RESOLVED that the City Council of
Yonkers hereby commends and congratulates the Strategic Business
Alliance of Yonkers for all the great work in Yonkers accomplished by this
wonderful organization.

THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL AT A
STATED CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY
13, 2007 BY A VOTE OF 7-0.




                                                                        57
                     AGENDA
       CITY COUNCIL OF THE CITY OF YONKERS
                 STATED MEETING
            TUESDAY, FEBRUARY 13, 2007


               COMMITTEE MEETINGS



MOTION BY MAJORITY LEADER McDOW, SECONDED BY
COUNCILMEMBER ROBERTSON TO ADJOURN THIS STATED CITY
COUNCIL MEETING THE MOTION WAS CARRIED UNANIMOUSLY.

 THIS COUNCIL MEETING WAS ADJOURNED AT 10:20 P.M.




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