CITY OF RYE NOTICE There will be a regular meeting of the City Council of the City of Rye on Wednesday, April 17, 2013, at 8:00 p.m. in Council Chambers at City Hall. The Council will convene at 6:30 p.m. and it is expected they will adjourn into Executive Session at 6:31 p.m. to discuss personnel matters related to the City Manager’s office. AGENDA 1. Pledge of Allegiance. 2. Rol Cal. 3. General Announcements. 4. Approval of the election of the Chiefs of the Rye Fire Department. 5. Draft unapproved minutes of the regular meeting of the City Council held April 3, 2013. 6. Mayor’s Management Report ● Capital Projects Update ● Legal Update 7. Discussion of the Rye Arts Center lease. 8. Discussion on the proposed revision of the Rules and Regulations of the City of Rye Police Department General Order #121.04 regarding a Social Media Policy. 9. Authorization to reject the previously accepted Police Uniform Bid and award the bid to the next qualified bidder. Rol Cal. 10. Authorization for the City Manager to enter into an Agreement with All City Management Services (ACMS) for the outsourcing of school crossing guard services. Rol Cal. 11. Resolution authorizing the refunding of $5,540,000 of serial bonds of the City of Rye, Westchester County, New York as a cost saving measure. Rol Cal. 12. Resolution to adopt a Financial Disclosure and Conflict of Interest form. 13. Resolution to adopt the Westchester County Fire Mutual Aid Plan. 14. Residents may be heard on matters for Council consideration that do not appear on the agenda. 15. Bid Award for Old Milton Road Drainage Project (Contract #2013-01). Roll Call. 16. Bid award for Dredging at the Rye Municipal Boat Basin (Contract #2013-02). Rol Cal. 17. Resolution to declare certain City of Rye equipment and vehicles as surplus. Roll Call. 18. Miscellaneous communications and reports. 19. Old Business. 20. New Business. 21. Adjournment. * * * * * * * * * * * * * * * * * * * * * The next regular meeting of the City Council will be held on Wednesday, May 8, 2013 at the Square House at 8:00 p.m. ** City Council meetings are available live on Cablevision Channel 75, Verizon Channel 39, and on the City Website, indexed by Agenda item, at www.ryeny.gov under “RyeTV Live”. * Office Hours of the Mayor by appointment by emailing CITY COUNCIL AGENDA NO. 4 DEPT.: Fire Department DATE: April 17, 2013 CONTACT: Chief Michael Taylor AGENDA ITEM: Approval of the election of the Chiefs of FOR THE MEETING OF: the Rye Fire Department. April 17, 2013 RYE CITY CODE, CHAPTER SECTION RECOMMENDATION: Approve the election of Michael Taylor as Chief of the Department, st nd Peter Cotter as 1 Assistant Chief, and Michael Billington as 2 Assistant Chief. IMPACT: Environmental Fiscal Neighborhood Other: BACKGROUND: At the April 8, 2013 Rye Fire Department Annual Meeting the following st Chiefs were elected: Michael Taylor was elected Chief, Peter Cotter 1 Assistant Chief, and nd Michael Billington 2 Assistant Chief, subject to the approval of the City Council in accordance with Article 13, Section 2 of the Rye City Charter. CITY COUNCIL AGENDA NO. 5 DEPT.: City Clerk DATE: April 17, 2013 CONTACT: Dawn Nodarse AGENDA ITEM Draft unapproved minutes of the regular FOR THE MEETING OF: meeting of the City Council held April 3, 2013, as attached. April 17, 2013 RYE CITY CODE, CHAPTER SECTION RECOMMENDATION: That the Council approve the draft minutes. IMPACT: Environmental Fiscal Neighborhood Other: BACKGROUND: Approve the minutes of the regular meeting of the City Council held April 3, 2013, as attached. DRAFT UNAPPROVED MINUTES of the Regular Meeting of the City Council of the City of Rye held in City Hall on April 3, 2013 at 8:00 P.M. PRESENT: DOUGLAS FRENCH Mayor LAURA BRETT RICHARD FILIPPI (Left at 10:05 p.m.) PETER JOVANOVICH JULIE KILLIAN CATHERINE F. PARKER JOSEPH A. SACK Councilmembers ABSENT: None 1. Pledge of Allegiance Mayor French called the meeting to order and invited the Council to join in the Pledge of Allegiance. 2. Roll Call Mayor French asked the City Clerk to call the roll; a quorum was present to conduct official city business. 3. Recognition of Rye Recreation All Star Basketball Team th th Mayor French congratulated the Rye Recreation 5 and 6 Grade All Star Basketball Team on their victory in the Westchester County Basketball Tournament. He presented proclamations for the players, their coaches and their Recreation Department Supervisor, who included: Chad Antico, Cameron Coleman, Troy Egan, Quinn Kelly, Brian Latkany, Matt McCarthy, Jack Neave, Sam Poole, Jack Tartaglia, Skylar Twyman, Parker Vanamee, Robby Angilletta, Josh Kirsch, Rashidi Lewis and Doug Scott. 4. General Announcements Announcements are made regarding upcoming events or meetings in the community. 5. Draft unapproved minutes of the regular meeting of the City Council held March 20, 2013 Councilman Jovanovich made a motion, seconded by Councilman Filippi and unanimously carried, to approve the minutes of the regular meeting of the City Council held on March 20, 2013. DRAFT UNAPPROVED MINUTES - Regular Meeting - City Council April 3, 2013 - Page 2 6. Mayor’s Management Report ● Update from the Landmarks Advisory Committee Jack Zahringer, the Chair of the Landmarks Committee, said that the Committee wants to report more fully at a later date, but they have had two experts come to examine the milestones regarding preserving them. They also want to talk to the Council about adopting the “Ithaca Law” and are working on preserving historic sites in the downtown area. ● Capital Projects Update City Manager Pickup reported: The Central Avenue Bridge – There is a lot of activity on site and things are moving along. There is siltation and stormwater control at the site, which will be part of the ongoing maintenance by the engineers. The project is on target. The Sluice Gate – The next set of acceptance tests to be performed will be to use all of the on-site capabilities. In order to test elevation levels, false elevations will have to be created to make the system react. This should be the last set of tests. Central Business District Projects – There are some drafts and the goal is to bring something to the Council before the summer. Due to the timing of other projects, it will be difficult to do this work during the summer. Safe Routes to Schools Projects – These projects and the timing for them will be discussed at the joint meeting with the School District. ● Legal Update Corporation Counsel Wilson reported: Silvester v. City of Rye, et al – There are now eight defendants in this action involving a resident who walked into a plank of wood that was suspended from Highland Hall to a dumpster. Plaintiff has moved to strike many of the defendants’ answers. Ms. Wilson and the County have been working closely on an argument for a motion to dismiss the matter. New York State is changing the point system for Vehicle & Traffic Law violations and what prosecutors can plead matters down to, plus adding surcharges to other violations. This may impact the amount of money the City receives through the Court.  Police Arbitration Decision Councilman Jovanovich asked what the next step would be following the decision on the Police/City negotiations. City Manager Pickup said that the scope has been ruled on by PERB and briefs have been submitted by both sides. The panel will meet and hammer out the agreement and a decision could be received by late summer. That decision will be binding. DRAFT UNAPPROVED MINUTES - Regular Meeting - City Council April 3, 2013 - Page 3 7. Resolution to amend the City of Rye’s FOIL procedures Corporation Counsel Wilson summarized the two proposed amendments to the current procedures: there will be one Records Access Officer (the City Clerk); and the City Manager would be the FOIL Appeals Officer. There is also a plan for the implementation of an electronic FOIL tracking system. Ms. Wilson said that she had spoken with Bob Freeman of the Committee on Open Government about the question raised at the previous meeting of designating someone outside of the City’s employ as the FOIL Appeals Officer and he was not aware of any municipality that has done this. Mr. Freeman shared Ms. Wilson’s concern that if the Appeals Officer is a body such as the Council, it would be subject to the Open Meetings Law in order to comply with the statutory 10-day appeals determination requirement, and his suggestion was to designate a person rather than a body. There was a discussion among the Council regarding aspects of the tracking system and who should serve as the FOIL appeals officer other than the City Manager. The Council indicated a preference for the appeals process returning to them and considered the merits of having the entire Council serve as the Appellate body or just three members of the board. The consensus was that the entire Council should consider any appeals. Councilwoman Brett made a motion, seconded by Councilwoman Killian to amend the City’s FOIL procedures to read as follows: Procedures for Public Access to the Records of the City of Rye Section 1. Purpose and Scope (a) These regulations are established pursuant to Article 6 of the Public Officers Law, known as the Freedom of Information Law. (b) These regulations provide the procedures by which records of the City of Rye may be obtained. (c) Personnel of the City of Rye shall furnish to the public the information and records required by law and those which were furnished to the public prior to the enactment of the Freedom of Information Law, subject to the conditions contained in subdivision 2 of Section 87 of the Freedom of Information Law, or other provisions of Law. Section 2. Designation of records access officer. (a) The City Clerk shall be the Records Access Officer responsible for assuring compliance with the FOIL regulations. (b) The records access officer shall be responsible for assuring appropriate responses to public requests for access to records. The records access officer shall assure that DRAFT UNAPPROVED MINUTES - Regular Meeting - City Council April 3, 2013 - Page 4 appropriate personnel are adequately instructed in and properly perform the functions described in Sections 6 and 7 of these regulations and shall supervise the administration of these regulations. Section 3. Designation of fiscal officer. The City Comptroller is designated the fiscal officer, who shall certify the payroll and respond to requests for an itemized record setting forth the name, address, title and salary of every officer or employee of the City of Rye. Section 4. Location. Records shall be available for public inspection and copying at the office of the records access officer at City Hall, Boston Post Road, Rye, New York, or at the location where they are kept. Section 5. Hours for public inspection. Requests for public access to records shall be accepted and records produced during all hours City Hall is regularly open for business except that all records must be returned to their proper custodian at least 30 minutes before closing time. Section 6. Request for public access to records. (a) Requests for records shall be in writing (hard copy or electronically) in accordance with New York Public Officers Law. The custodian of the records has discretion to waive the requirement for written requests in appropriate circumstances. (b) If records are maintained on the internet, the requestor shall be informed that the records are accessible via the internet and in printed form either on paper or other information storage medium. (c) Officials shall respond to a request for records no more that five (5) business days after receipt of the request. This response will acknowledge receipt of request and indicate that the requestor will receive a response within twenty (20) business days unless otherwise noted. Any electronic requests received after 5:00 P.M. will be considered received by the City on the next business day. (d) A request for access to records should be sufficiently detailed to identify the records. Where possible, the requestor should supply information regarding dates, titles, file designations or other information which may help identify the records. (e) 1. A current list, by subject matter, of all records produced and retained in accordance with the Department of Education’s State Archives Schedule MU-1, shall be maintained by the City Clerk and shall be available for public inspection and copying. The list shall be sufficiently detailed to permit the requestor to indentify the file category of the records sought. DRAFT UNAPPROVED MINUTES - Regular Meeting - City Council April 3, 2013 - Page 5 2. The subject matter list shall be updated periodically and the date of the most recent updating shall appear on the first page. The updating of the subject matter list shall not be less than semiannual. 3. A duplicate copy of such current subject matter list shall be filed by each department with the City Clerk who shall consolidate and maintain all such current lists. (f) Appropriate personnel of the City of Rye shall assist the requestor in identifying requested records. (g) Upon locating the requested records, the appropriate personnel of the City of Rye shall, as promptly as possible, and within the time limits set in subsection (b) above, either: (1) Make the records available by either, (i) indicating a time and date when the records are available for review and inspection, or (ii) send the records electronically if the request was for electronic copies and the records can be sent electronically, or (2) Deny access in whole or in part, and explain in writing the reasons therefore. (h) Upon failure to locate records, the appropriate official shall certify that: 1. The City of Rye is not the legal custodian of the requested records; or, 2. The requested records, after diligent search, cannot be found. Section 7. Inspection and copying of records. (a) A person who has requested access to the public records of the City of Rye shall be given full opportunity to see and inspect such records unless access is denied as provided in Section 8 herein. (b) The requestor may also make a copy of the records he/she inspects. No record may be removed from the office where it is located without written permission of the person in charge of the office at that time. (c) Upon request and payment of the established fee, if any, the appropriate officer or employee shall prepare and deliver a transcript of such records. (d) Upon request and payment of the established fee, if any, an appropriate official of the City of Rye shall certify as correct a transcript prepared by the custodian of the records. Section 8. Denial of access to records. (a) Denial of access to records shall be in writing stating the reason(s) therefore and advising the requestor of the right to appeal to the City Council within ten (10) business days of the denial. Appeals heard by the City Council are final determinations. DRAFT UNAPPROVED MINUTES - Regular Meeting - City Council April 3, 2013 - Page 6 (b) If requested records are not provided promptly, as required in Section 6 (c) of these regulations, such failure shall also be deemed a denial of access. In such cases, appeals must be filed within thirty (30) days of the date by which the records were to be made available. (c) The time for deciding an appeal by the City Council shall commence upon receipt of a written appeal identifying: 1. The date of the appeal. 2. The date and location of the original record request. 3. The records to which the requestor was denied access. 4. Whether the denial of access was in writing or by failing to provide records in accordance with the applicable time periods. 5. A copy of the written denial, if any. 6. The name and return address (or email address) of the requestor. (d) The appeal shall be determined by the City Council within ten (10) business days of the receipt of the appeal. If the appeal is submitted via email, any emails received after 5:00 P.M. will be considered received on the next business day. Written notice of the determination shall be served upon the person requesting the record and the Committee on Open Government. (e) A person requesting an exception from disclosure, or an agency denying access to record, shall in all appeal proceedings have the burden of proving entitlement to the exception. (f) A proceeding to review an adverse determination upon appeal may be commenced pursuant to Article 78 of the Civil Practice Law and Rules in accordance with all applicable provisions of the law. Section 9. Fees. (a) Except as otherwise specifically authorized by law, or by established practice prior to September 1, 1974, there shall be no fee charged for: 1. Inspection of records; 2. Search for records; 3. Any certification pursuant to this part. (b) The fee for a photocopy transcript of records shall be 25 cents per single sided page for pages not exceeding 9 by 14 inches. The City has the authority to redact portions of a paper record in accordance with the Public Officers Law and does so prior to the disclosure of the record by making a photocopy from which the proper redactions are made. (c) The fee for photocopies of records exceeding 9 by 14 inches per page or any non-paper format (such as computer disk, microfilm, etc.) shall be the actual costs of reproduction, which shall be deemed to be the average unit cost for making such a photocopy,