CITY OF RYE MEMORANDUM

TO: Honorable Mayor and Council Members FROM: Frank J. Culross, City Manager SUBJECT: Enclosures - Council Packet DATE: May 23, 2014 Enclosed with this memorandum are the following items: 5-16 Invitation from the American Legion Rye Post 128 to the Memorial Day

Observance to be held on Monday, May 26, 2014 beginning with a parade at 9:30 a.m.

5-17 Notice from Lessings, Inc. regarding the opening of The Tavern at Whitby Castle

now open at the Rye Golf Club located at 330 Boston Post Road, Rye. 5-18 Notice from the Rye Town Park Commission regarding the fifth “Community

Conversations” meeting to be held on Saturday, May 31, 2014 at 10:00 a.m. in the south pavilion at Rye Town Park. The event is co-sponsored by the Friends of Rye Town Park and the Rye Town Park Advisory Committee of the City of Rye.

5-19 Legal Department Update from the Corporation Counsel dated May 23, 2014. 5-20 Notice regarding a Public Hearing on Utility Tax to be held by the Rye City

School District Board of Education on Wednesday, May 28, 2014 from 8:00 to 9:00 p.m. in the Rye Middle School Multipurpose Room.

5-21 Notice regarding the 7th Annual Port Chester Fest to be held on Saturday, June 7,

2014 in the Port Chester Marina parking lot from 12:00 p.m. to 5:00 p.m. 5-22 Notice from Verizon regarding FiOS® TV Channel and Programming Changes. 5-23 Meeting notice for the week of May 27, 2014 is available on the City website

www.ryeny.gov under Calendar.

Rye Post 128 of the American Legion cordially invites you to attend the Memorial Day Observance to honor all those

who have served. WHERE: Village Green next to City Hall DATE: Monday, May 26, 2014 TIME: The Parade begins at 9:30 a.m. at Station Plaza Ceremony begins at 10:00 a.m. on the Village Green

THE TAVERN AT WHITBY CASTLE

Now OpenTHE TAVERN AT WHITBY CASTLE

330 Boston Post Road • 914.777.2053 • lessings.com

RESTAURANT HOURSTuesday- Thursday Noon - 5pmFriday - Sunday Noon - 10pm

Holidays Noon - 10pm

See Our Menu >

BAR HOURSTuesday - Sunday Noon - Late

LESSING’SA sixth generation, family owned and operated business, Lessing’s has been dedicated to quality and excellence in food service since 1890. As one of the most recognizable names in hospitality on Long Island, we own and operate some of the area’s finest dining establishments. Lessing’s offers exquisite cuisine, professional presentation and top-quality local ingredients.

OUR TEAMGeneral Manager Sean McGaw is joining Whitby Castle with over 20 years in managing restaurants and private country clubs and is experienced in catering events up to 350 people.

Samantha Mastroberti is continuing in her role as Operations and Catering Sales Manager.

Chef Cliff Saladin joins us with 23 years of culinary experience in hotels, private clubs and restaurants throughout the tri-state area. Chef’s specialties include Contemporary American and Continental cuisine.

                                                     

edia R op Nowotnik  M elease: Contact Bishat 939‐3075 Ext 101 

 ye Town Park Commission To Hold 5th 

eti g What: R

n  Community Conversations MeWhen: Saturday, May 31, 2014 at 10am.   Where: Rye Town Park, City of Rye NY Why: To obtain direct feedback from Rye Town Park stakeholders regarding current operations and future directions.     

The  Rye  Town  Park  Commission  (RTPC)  is  holding  its  fifth  “Community  Conversations” meeting on Saturday, May 31 at 10:00 a.m.  The meeting will be held in the south pavilion t Rye Town Park, 95 Dearborn Ave in Rye, NY 10580.  The event is being co‐sponsored by athe Friends of Rye Town Park and Rye City’s Rye Town Park Advisory Committee.    he  previous    “conversations” meetings  each  attracted  about  150 people,  representing  a Twide variety of interests and points‐of‐view concerning Rye Town Park.    In announcing  the event, RTPC Chair  Joseph Carvin said:  “I  find these conversations very helpful, as they give us a chance to hear directly from our constituents as to their concerns.   n  past  years  they  have  led  to  improvements  in  park  operations  and  I  hope  we  can Ianticipate the same from this year's meeting.”  he  agenda  will  include  an  update  on  the  Commission’s  2013‐14  public  request  for Tproposals to develop, operate and maintain Rye Town Park.   Park cultural highlights  in 2013  included a series of 7  free evening concerts,   an outdoor movie (“Big”), “Tango By The Beach” dancing on Thursdays, and an outdoor production of hakespeare’s  “Taming of  the  Shrew.”    Partial    support  for  these  events  came  from  local Sbusinesses.  Formed in 1991, the Friends of Rye Town Park was particularly active over the past year, dvocating for, and financially supporting, the maintenance and improvement of the park’s atrees, gardens, seasonal plantings, and pond.   he  City  of  Rye  created  the  Rye  Town  Park  Advisory  Committee  in  2010  to  review  and Timprove park operations and programs.    For further information about the event, call Rye Town Hall at 914 939‐3075 ext 101.  

CITY OF RYE MEMORANDUM

TO: FROM: SUBJECT:

Honorable Mayor and Rye City Council Kristen K. Wilson, Corporation Counsel Litigation Update

DATE: May 23,2014

TAX CERTIORARI CARROLL v. CITY OF RYE

This matter is fully submitted before the Appellate Division, Second Department. We are waiting for an oral argument date.

THE TOWN OF RYE AND THE RYE TOWN PARK COMMISSION v. THE ASSESSOR and Board of Assessment Review of the CITY OF RYE

The City's reply brief was served and filed. This matter is now fully submitted to the Appellate Division, Second Department. We are waiting for an oral argument date.

WESTCHESTER JOINT WATER WORKS v. CITY OF RYE This matter is now fully submitted before the Appellate Division, Second Department and

we are waiting for an oral argument date.

LITIGATION BEAVER SWAMP BROOK- <DEC Administrative proceeding)

A further conference call was held on May 22, 2014 to discuss the status of the City's consultant's review of the pending wetland application.

BASSETT v. CITY OF RYE A notice of appeal has been filed.

CASPI v. CITY OF RYE Motions for summary judgment were denied without prejudice and will be refiled at the

completion of briefing as part of the bundling rule. As a result, once the motion is fully briefed, all papers will be submitted to the Court for review at one time.

DELLI PAOLI V. ZONING BOARD OF APPEALS The Board of Appeals reaffirmed the Board of Architectural Review's decision to deny

the application at their May meeting.

BUTLER v. PLANNING COMMISSION Parties have submitted letters to the Court of Appeals responding to the

Petitioner/Appellee's Motion for Leave to Appeal.

e:\legal\generai\LitigationUpdate

BOARD OF MANAGERS OF THE IVES AT RYE v. CITY OF RYE The City has served its Answer with Affirmative Defenses.

OMNI CONTRACTING V. CITY OF RYE The co-defendant Calgi Construction has filed for bankruptcy. As a result, the trial has

been adjoumed.

AMERlCAN LEISURE ACTIVITIES OF NEW YORK CITY INC. v. CITY OF RYE Plaintiff filed a motion for summary judgment on May 16, 2014.

RVIN REYES. et at v. CITY OF RYE. RYE GOLF CLUB. RM STAfFING & EVENTS. INC .. MORRlS YACHT AND BEACH CLUB. INC. and SCOTT Y ANDRASEVICH. Jointly and Severally

Plaintiffs liled an amended complaint and have requested that the City of Rye consent to class certification.

RYE POLICE ASSOCIATION v. CITY OF RYE The City Council approved a Stipulation of Settlement of this matter at the May 21,

20 14 meeting.

GORDON and MARIA HARGRA YES v. CITY OF RYE ZONING BOARD OF APPEALS. WALTER & MARGARET NELSON. and Robert TAL T

A Notice of Petition and Memorandum of Law have been served on the City commencing an Article 78 proceeding against the Zoning Board of Appeal. The action seeks to rescind, annul and vacate a decision issued by the Zoning Board in connection with a variance application.

CITY COURT Routine calendar with no unusual dispositions.

KKW/dfn

c:\lcgal\gcncrai\LitigationUpuntc

Respectfully submitted,

Kristen K. Wilson Corporation Counsel

FOR IMMEDIATE RELEASE

The Rye City School District 411 Tlteotlore Fremd A ve11ue, Suite I OOS

Rye, New York 10580 Tel: (914) 967-6100 Ext.6178 Fax: (914) 967-6957

Elaine Cugliello District Clerk

cugliete@ryeschools.lhric. org

May 22,2014

May 28, 2014 Public Hearing on Utilitv Tax Board of Education Meeting

The Rye City School District Board of Education will conduct a Public Hearing on Utility Tax on Wednesday, May 28,2014 from 8:00-9:00 p.m in the Rye Middle School Multipurpose Room. Members ofthe public are welcome and encouraged to attend this Public Hearing and to speak at

designated times.

At the conclusion ofthe Public Hearing, the Rye City School District Board of Education will

conduct a Special Meeting for a resolution on the Utility Tax.

At the conclusion of the Special Meeting, the Board of Education will adjourn to Executive Session for the review of the employment history of current and prospective employees, negotiations pursuant to the Taylor Law, review of current litigation and litigation strategy.

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FiOS® TV Channel and Programming Changes FiOS® TV Channel Repositioning On or after August 1, 2014, certain FiOS® TV channels will be moved as described below. Programming content on these channels will remain the same.

FXX SD and HD moves from channels 84 (SD)/584 (HD) to channels 191(SD)/691(HD) OWN SD moves from channel 161 to channel 145 Discovery Fit & Health SD moves from channel 163 to channel 161 Cooking Channel SD and HD moves from channels 166 (SD)/667 (HD) to channels 163 (SD)/663(HD) Fox Sports 2 SD moves from channel 198 to channel 84 pivot SD moves from channel 287 to channel 192 Outdoor Channel HD moves from channel 591 to channel 807 Tennis Channel HD moves from channel 592 to channel 803 Universal Sports Network HD moves from channel 596 to channel 804 World Fishing Network HD moves from channel 597 to channel 817 bein Sports HD moves from channel 598 to channel 805 Willow HD moves from channel 1007 to channel 806

FiOS® TV Programming Change On or after July 30, 2014, channel 197, “Fearnet” will be removed from the FiOS® TV Channel Line-up. On or after August 1, 2014, Romanian International Programming - RSC1 on channel 1784 will be replaced with TVR International (TVRi). TVRi is dedicated to maintaining a connection between Romanians and their home country through news, quality entertainment programs, modern classic films and soap operas. On or after August 15, 2014, channel 186, CLOO TV, will be removed from the FiOS TV lineup. As a reminder, a complimentary account review is always available if you would like to learn about new bundle options that can help you get the most for your money. Just call and a FiOS® rep will help find the best value for you. You may even be eligible for a special offer when you switch to a new FiOS® bundle with a two-year agreement and two-year price guarantee. Call 1-877-275-0935 (Mon.–Fri., 8am–9pm; Sat., 9am–5pm).