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HomeMy WebLinkAbout2004-10-18 - Board of Trustees Special Meeting Minutes SPECIAL MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, OCTOBER 18, 2004 7:30 P.M. AGENDA 1) Authorizing the Mayor and Village Administrator to file an application for certification or recertification as an approved assessing unit, and requesting a waiver of the filing deadline. 2) Consideration of an extension of time for review of the Garden inn FETS application. BOARD: Mayor Lawrence Rand Trustee Richard Buzin Trustee Joan Feinstein Trustee Robert Harris Trustee Dean Santon STAFF: Keith E. Rang, Assistant to the Village Administrator Nicholas Ward-Willis, Esq., Village Counsel Mayor Rand called the meeting to order with the Pledge Allegiance. He called for the first item on the agenda: 1) Mayor Rand noted that the first order of business was to authorize the Mayor and the Village Administrator to file an application of certification or re-certification as an approved assessing unit, and requesting a waiver of the filing deadline. This was a continuation of the discussion from the Tuesday, October 12, 2004 Board of Trustee meeting, as it related to the Village's options vis-a-via the assessment Board of Trustees Meeting October 18,2004 Page 1 in property values. It was noted that a representative John Wolham of the Ny state Real Property Services of the State of New York attended the prior meeting and explained the process. The Village is now considering several options as it relates to adopting the Town Roll. The first is whether or not the Village should continue as an assessing unit and not adopt the Town Roll. The second is whether the Village should relinquish its assessing unit status and adopts the Town Roll. The resolution before the Board of Trustees does not force the Village to make any decision yet, but rather extends the time period for making the decision. The resolution preserves the ability to consider remaining an approved assessment unit. That decision will not be made tonight. The decision is required to be made by January 1, 2005, but the extension grants the Village additional time — to February 1, 2005. It is important to note that the Village is seeking a waiver, which has not yet been granted Mayor Rand noted that a similar resolution was before the Village of Port Chester at its Special Board of Trustee meeting. He called up Mr. Keith Rang, Assistant to the Village Administrator, to read the resolution: RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE ADMINISTRATOR TO FILE AN APPLICATION FOR CERTIFICATION OR RECERTIFICATION AS AN APPROVED ASSESSING UNIT, AND REQUESTING A WAIVER OF THE FILING DEADLINE On a motion made by Trustee Dean Santon, and seconded by Trustee Joan Feinstein, the resolution was opened for discussion. Mayor Rand noted that the Village could maintain its own separate roll, without regard to the re-evaluation. In other words it could continue to use the old assessments. A second option would be for the Village to adopt the Town Roll but keep a separate assessing jurisdiction. No matter what roll is adopted, the values must be justified and the Village must have an assessor. Mr. Rang called the roll: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the second item on the agenda. 2) CONSIDERATION OF AN EXTENSION OF THE TIME FOR REVIEW OF THE GARDEN INN FEIS APPLICATION. Board of Trustees Meeting October 18,2004 Page 2 Mayor Rand noted that counsel provided the Board of Trustees with a resolution that physically expands the time to review the application. He asked that the resolution be read by Mr. Keith Rang. RESOLUTION EXTENDING DATE FOR PREPARATION AND FILING OF THE FINAL ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED HILTON GARDEN INN AT RYE BROOK On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the resolution was opened for discussion. Nicholas Ward-Will, Esq., Village Counsel, was called upon for a review. Mr. Ward-Willis noted that there was a provision in SEQRA that once a Final Environmental Impact Statement needs to be filed and the review must be completed by the Lead Agency within 45 days after it has been submitted by the applicant. There is some disagreement as to when the 45-day clock starts to run. Does it start to run when the applicant puts the first draft of the FEIS in, or does it run once it has been deemed completed and responsive to all of the comments? Traditionally it is not generally deemed completed the first time it has been drafted and the applicant recognizes that as this process has been going on for over two years with the applicant's consent. The applicant has met with the Planning Board and Village's staff to review changes, corrections, and revisions to the Draft FEIS several times, including in June of 2003 when a laundry list was put together of items that were needed to complete. The applicant stated that they would undertake that review, but a final document was not received until some 15 months later, on September 9th. The applicant was advised that this document was being reviewed by the Village's staff, consultants and Planning Board. The applicant was advised to attend the October 14, 2004 meeting of the Planning Board to review the matter with for the new members of the Planning Board. The applicant wrote a letter stating that they would not appear— and that they refused to appear; and they did not consent to the extension of the 45-day time period. While encouraged to have the applicant consent, that consent is not necessary. The Board of Trustees has the right to unilaterally extend the time period. The process of protecting the environment should not be dictated by the applicant. The Board of Trustee is undertaking its review diligently and in a responsible matter to ensure that there is a comprehensive document that summarizes all of the comments received during the review of the Environmental Impact Statement. The law permits the Board of Trustees to take the time that it deems necessary. The reason for this special meeting is that at the October 14th meeting the Village had hoped to engage in such a dialogue with the applicant and have them consent to an adjournment within a reasonable time frame. The applicant refused and failed to appear. The 45-day time period expires on Monday, October 25th. There Board of Trustees Meeting October 18,2004 Page 3 are no Board meetings until October 26`h, therefore this special meeting was required in order to take the action that is now before the Board. Mr. Ward-Willis noted that the January 25th time period was proposed because the document to be reviewed was a three-volume document with numerous design, engineering, and landscape plans, and visual, traffic and drainage analysis. The preliminary review indicated that there were some deficiencies. The January 25`h date is not a date set in stone because if the Board of Trustees finds, during the review, that the document prepared is woefully inadequate and does not comply with the spirit of the June, 2003 agreement and understanding, then certainly the January date may need to be extended. Mayor Rand noted that he had received additional comments from interested parties, including the counsel for Doral Greens and the Town of Greenwich. The Village of Rye Brook also expected additional comments from the City of Rye. The process is moving ahead. All interested parties must be given enough time to study the FEIS. Trustee Santon felt that it was outrageous for the applicant to take the position that it has, particularly since they refused to attend the Planning Board's meeting. He also noted that as the Lead Agency the FEIS was the document of the Lead Agency. He felt that appropriate public review process should be facilitated. Trustee Feinstein noted that as the Lead Agency it was the Board's responsibility to make sure that they have all the information that was needed. The process must be complete. Trustee Harris agreed with Trustees Feinstein and Santon. Mayor Rand called for comments from the public. There were no comments, and Mr. Rang was called upon to call the roll: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE They're being no further business before the Board, the meeting was adjourned. Respectfully Submitted Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting October 18,2004 Page 4