STATE OF CONNECTICUT
TOWN OF GREENWICH
A regular Representative Town Meeting of the Town of Greenwich will be held in the Moderator’s Hall of Central Middle School on Monday December 10, 2007 at 8:00 P.M. (E.S.T.) for the following purposes:
1. To consider and act upon the following resolution, requested by the First Selectman.
FURTHER RESOLVED, that the Representative Town Meeting of the Town of Greenwich hereby approves such provisions of the agreement, if any, which may be in conflict with any charter provisions, special act, ordinance, rule, or regulation of the Town of Greenwich with the meaning of Connecticut General Statutes, Section 7-474.
Referred to Finance Committee
Referred to Labor Contracts Committee
Referred to Town Services Committee
2. To consider and act upon the following resolution, requested by the Legislative and Rules Committee, which item was referred to the committee at the December 2006 meeting.
§ _____ Purpose
This article establishes a means by which the Town of Greenwich may more effectively enforce the Inland Wetlands and Watercourses Regulations of the Town of Greenwich, with the implementation of fines for violations of the regulations. This article shall not be construed to limit or alter the authority, duty and responsibility of the Greenwich Inland Wetlands and Watercourses Agency as granted and established under Connecticut’s Inland Wetlands and Watercourses Act, Sections 22a-36 through 22a-45 of the Connecticut General Statutes, Chapter 2, Article 6, Sections 2-19 through 2-23 of the Greenwich Municipal Code and any other federal, state, or local legislation that may apply.
§ _____ Authority
This article is adopted pursuant to Connecticut General Statutes, Section 22a-42g. In accordance with this statute, the Inland Wetlands and Watercourses Agency, acting on behalf of the Town of Greenwich, is hereby authorized to promulgate regulations in accordance with the provisions of this article setting forth procedures for the issuance of citations and for the setting of fines for violations of the Agency’s regulations.
§ _____ Definitions
The following words, terms and phrases used in this article shall have the following meanings:
“Agency” – The Town of Greenwich Inland Wetlands and Watercourses Agency, acting as the inland wetlands agency under Section 22a-42 of the Connecticut General Statutes.
“Director” – The employee of the Town of Greenwich responsible for the supervision of the Agency.
“Director’s Designated Agent” – With respect to any duty to be performed by the Director, an employee of the Agency to whom the Director has expressly delegated the performance of such duty.
“Continuing Violation” – Ongoing work, which has not ceased to the satisfaction of the Director within two calendar days of receipt of a Notice of Violation.
“Person” – Any person, firm, partnership, association, corporation, limited liability company, company, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.
“Notice of Violation” – A written notice issued by the Director to a person committing a Violation, stating the nature of the Violation, the jurisdiction of the Agency, and prescribing the necessary immediate and long-term actions and steps to correct the Violation including, without limitation, halting work in wetlands or watercourses.
“Regulations” – The Inland Wetlands and Watercourses Regulations of the Town of Greenwich as may be amended from time to time.
“Violation” – Any activity that requires the prior permit or approval of the Agency but that is conducted without prior permit or approval of the Agency.
§ _____ Issuance of Citations
A. The First Selectman of the Town of Greenwich hereby authorizes the Director, with the prior consent of the Chair of the Agency, to issue a citation to any person who has received a Notice of Violation and has failed to comply with the necessary immediate actions and steps to correct the
Violation that are specified in the Notice of Violation within one (1) calendar day after receipt of the Notice of Violation or who commits a Continuing Violation. Any such citation may be issued either by hand delivery or by certified mail to the person named in such citation. In such instances, each citation will apply jointly and severally to the owner of the property in question and his/her agents, contractors and subcontractors. An original or certified copy of the initial citation issued by the issuing official shall be filed and retained by the Town of Greenwich and shall be deemed to be a business record within the scope of Section 52-180 of the Connecticut General Statutes and evidence of the facts
contained therein.
B. The citation shall inform such person:
(1) Of the allegations against him or her for which the citation is issued pursuant to this Article and the amount of the fines and costs due;
(2) That the person has a period of thirty (30) days from the date of the citation (i.e., the date of hand delivery or the date the citation was mailed) to make an uncontested payment of the fines;
(3) That payments shall be submitted to the Agency by check made payable to the Town of Greenwich;
(4) The citation notice shall also inform the person cited that he/she may contest his liability before a citation hearing officer by delivering in person or by mail written notice within twenty (20) days of the date thereof. The notice shall also inform the person cited that if he/she does not demand such a hearing, he/she shall be deemed to have waived contesting liability, such fines and costs shall be assessed against him/her, an assessment and judgment shall be entered against him/her and that such
judgment may issue without further notice.
C. Each Violation shall be a separate and distinct offense. In the case of a Continuing Violation, at the discretion of the Director and with the prior consent of the Chair of the Agency, daily citations may be issued commencing~two calendar days from receipt by the person of~the Notice of Violation.
D. This article shall only apply to Violations that occur after this article’s effective date.
§ _____ Establishment of Fine
A. No fine shall exceed the maximum permitted under state law. Fines for Violations will be determined by the Agency at a public meeting and published in the Regulations. Fines imposed will not exceed the maximum permitted by Connecticut General Statute, Section 22a-42g at the time the Violation occurred.
B. No such fine may be levied against the State of Connecticut or any employee of the state acting within the scope of her/his employment.
C. Any fine collected by the Town of Greenwich pursuant to this article shall be deposited into the Town of Greenwich’s general fund account.
§ _____ Hearing procedure for citations
A. In accordance with Section 7-152c of the Connecticut General Statutes, as the same may be amended from time to time, there is hereby established a wetland citation hearing procedure.
B. The First Selectman shall appoint one or more citation hearing officers, other than police officers or employees or persons who issue citations, members or alternates of the Agency, employees, past employees, members or alternates of the agency, to conduct the hearings authorized by this article.
C. Admission of liability by payment of fine.
(1) If any person who is sent notice pursuant to Subsections A and B of Section _____ wishes not to contest liability for any alleged violation, he/she may, without requesting a hearing, pay the full amount of the fines and costs admitted to in person or by mail to the Greenwich Inland Wetlands and Watercourses Agency. Checks should be made payable to the Town of Greenwich.
(2) Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment.
D. Any person may demand a hearing by delivering a written request for the same to the Director within twenty (20) days of the date of the first notice provided for in Subsections A and B of Section _____. Any person who does not deliver such written request within twenty (20) days shall be deemed to have waived contesting liability, and the Director shall certify such person’s failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines and costs provided for by this article and shall follow the procedures set forth in Section _____.
E. Any person who requests a hearing shall be given written notice by certified mail of the date, time and place for the hearing. Such hearing shall be held not less than 15 days nor more than thirty (30) days from the date of the mailing of notice, provided that the hearing officer shall grant upon good cause shown a postponement or continuance for any reasonable request by any interested party. Once a hearing has been requested, no additional citations shall be issued.
F. The presence of the issuing official shall be required at the hearing if the person issued the citation so requests. A person wishing to contest his/her liability shall appear at the hearing in person or by representative and may present evidence in his/her behalf.
G. If the person that demanded a hearing fails to appear, the hearing officer may enter an assessment by default against him/her upon finding of proper notice and liability under this article.
H. A designated municipal official, other than the hearing officer, may present evidence on behalf of the municipality.
I. The hearing officer may accept from the designated municipal official copies of police reports, investigatory and citation reports and other official documents by mail and may determine thereby that the appearance of such person is not necessary.
J. The hearing officer shall conduct the hearing in the order and form, and with such methods of proof, as he/she deems fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The hearing office shall take into account the nature of the violation and the history of the site including previous violations.
K. The hearing officer shall announce his/her decision at the end of the hearing.
(1) If the hearing officer determines that the person is not liable, he/she shall dismiss the matter and enter his/her determination, in writing, accordingly.
(2) If the hearing officer determines that the person is liable for the violation, he/she shall then enter and assess the fines and costs against such person as provided by this article.
§ _____ Failure to Pay Fine
If the fines and costs assessed by the hearing officer are is not paid on the date of entry, the hearing officer shall send by first class mail a notice of such assessment to the person found liable and shall file, not less than thirty (30) days nor more than twelve (12) months after such mailing, a certified copy of the notice of assessment with the Clerk of the Superior Court facility designated by the Chief Court Administrator together with the applicable entry fee. The certified copy of the notice of assessment shall constitute a record of assessment. Within such twelve (12) month period, assessments against the same person may be accrued and filed as one record of assessment. The Clerk of the
Superior Court shall enter a judgment, in the amount of the assessment plus court costs against such person in favor of the Town of Greenwich. Notwithstanding any other provisions of the Connecticut General Statutes, the hearing officer’s assessment, when so entered as a judgment, shall have the effect of a civil money judgment, and a levy of execution on such judgment may be issued without further notice to such person.
§ _____ Appeals
A person against whom an assessment has been entered pursuant to this article is entitled to judicial review by way of appeal. An appeal shall be instituted within thirty (30) days of the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to Section 52-259 of the Connecticut General Statutes, in the Superior Court, which shall then entitle such person to a hearing in accordance with the rules of the judges of the Superior Court.
§ _____ Public Notification
Notice of issuance of payment of a fine pursuant to this article shall be published by the Director at least once in a newspaper having a general circulation in the Town of Greenwich.
§ _____ Effective date
This ordinance shall become effective fifteen (15) days after notice of adoption of such ordinance is published in the form of a legal advertisement in a newspaper having a substantial circulation in the Town of Greenwich.
§ _____ Sunset Clause
This ordinance will be automatically repealed and cease to have effect on December 31, 2009, unless it is reenacted by the Representative Town Meeting.
Referred to Land Use Committee
Referred to Legislative & Rules Committee
3. To consider and act upon the following resolution, requested by the Director of Parks and Recreation and approved by the First Selectman.
(a.) trees and plantings from The Greenwich Tree Conservancy, Inc.
(b.) acceptance of donations for the purchase of trees to be planted on Town property. Such donations to become appropriations that the Comptroller may add to the appropriate accounts.
Referred to Parks and Recreation Committee
4. To consider and act upon the following resolution, requested by the First Selectman and approved by the Board of Selectmen.
A105-53070 IT Supplies $8,600
A105-57210 Grant to External Entities $45,500
Referred to Town Services Committee
5. To consider and act upon the following resolution, requested by the Comptroller.
WHEREAS, the Town of Greenwich (the "Town") desires to establish and fund a trust (the "Trust") to hold assets to be used to pay non-pension post-employment benefits (also known as "other post-employment benefits" or "OPEB") to eligible retirees and their beneficiaries in accordance with the provisions of section 7-450 of the Connecticut General Statutes; and
WHEREAS, the Town intends that the Trust be exempt from tax under section 115 of the Internal Revenue Code of 1986, as amended, as a trust utilized in the exercise of an essential governmental function; and
WHEREAS, the Town desires to delegate its duties as trustee of the Trust assets to the Town Treasurer, who will have custody of the Trust assets as set forth in the Town of Greenwich Other Post-Employment Benefits Declaration of Trust which shall be executed on behalf of the Town by the First Selectman; and
WHEREAS, the Town intends that the Trust be established and operated in accordance with the provisions of Governmental Accounting Standards Board Statements 43 and 45; and
WHEREAS, the Town desires to transfer the whole of the existing reserve fund for other post-employment benefits to the Trust in accordance with the provisions of section 7-403a(e) of the Connecticut General Statutes.
NOW, THEREFORE, BE IT HEREBY ORDAINED,
1. That the Town of Greenwich (the “Town”), in accordance with the provisions of section 7-450(b) of the Connecticut General Statutes, hereby establishes and adopts the "Town of Greenwich Other Post-Employment Benefits Trust" (the "Trust") to hold assets that are set aside for the payment of other post-employment benefits, such trust to be administered and operated in accordance with the provisions of Governmental Accounting Standards Board Statements 43 and 45, as the same may be amended or superseded, and pursuant to the terms of the "Town of Greenwich Other Post-Employment Benefits Declaration of Trust", which is incorporated herein as though set forth in full, as presented at
the Representative Town Meeting and as filed with the minutes thereof in the Office of the Town Clerk.
2. That the Town hereby delegates its duties as trustee of the Trust assets to the Town Treasurer (the “Trustee”). The duties of the Trustee shall be as set forth in the Town of Greenwich Other Post-Employment Benefits Declaration of Trust.
3. That the Chairman of the Board of Estimate and Taxation is hereby directed to execute the Declaration of Trust on behalf of the Town.
4. That the Town, in accordance with the provisions of section 7-403a(e) of the Connecticut General Statutes, hereby transfers the assets held in the reserve fund for other post-employment benefits to the Trust, subject to the final approval of the Board of Estimate and Taxation as to the timing and amount to be so transferred.
5. That immediately upon the enactment of this ordinance, there shall be established the OPEB Board as provided for in section 7-450(b) of the Connecticut General Statutes for the management and investment of the Trust. The OPEB Board shall consist of three (3) members who shall be appointed by the Board of Estimate and Taxation, one to serve a term expiring June 30, 2009, one to serve a term expiring June 30, 2010 and one to serve a term expiring June 30, 2011. Thereafter, all terms shall be for three (3) years. Notwithstanding the term lengths set forth in the preceding sentences, the Board of
Estimate and Taxation may at any time remove, effective immediately, a member of the OPEB Board and name a successor to fill the unexpired term. The Board of Estimate and Taxation shall designate one member of the OPEB Board as chair of said board upon enactment of this ordinance, and annually thereafter effective as of each July 1st. The members of said OPEB Board shall be residents of the Town of Greenwich and shall receive no compensation for serving. The Comptroller for the Town of Greenwich shall serve as an ex officio, non-voting member of the OPEB Board.
Referred to
6. To consider and act upon the following sense of the meeting resolution, requested by the Town Services Committee.
WHEREAS, the Representative Town Meeting (the “RTM” of the Town in its responsibility as the representatives of the electorate of the Town need to be apprised of all activities of Town Departments, Boards, Commissions, Councils and Committees, including all School Building Committees and Building Project Committees; and
WHEREAS, the First Selectman is responsible for the administration and methods of procedure with respect to such departments as defined within Section 217 of the Charter of the Town of Greenwich, Connecticut and the Town's local government access television channels.
NOW, THEREFORE, BE IT RESOLVED, it is the Sense of the Meeting that the First Selectman adopted as Town policy the following:
PUBLIC NOTIFICATION OF MEETINGS AND HEARINGS
(a) The Town shall provide and maintain a display case accessible to the public in the main lobby of Town Hall for the posting of notices and agendas for all meetings and special meetings as defined in Title 1, Chapter 14, Sections 1-200, 1-225(c) and 1-225(d) and Title 7, Chapter 90, Section 7-3 of the Connecticut General Statutes.
(b) Any updates, modifications and changes to the notice and agenda of any meeting or special meeting shall be posted pursuant to paragraph (a) above within four (4) business hours from the time that they are filed with the Town Clerk. Special attention shall be paid to any update, modification or changes to the notice and agenda of any meeting filed with the Town Clerk between twenty four (24) and twenty eight (28) hours prior to the meeting or special meeting; in such cases, these shall be posted immediately.
(c) The Town shall provide an electronic version of the notices and agendas for all meetings and special meetings posted pursuant to paragraph (a) above on a single web page on the Town’s web site. The web page shall provide the following information in chronological order:
(1) The date, agency, location, time and purpose of any meeting or special meeting; and
(2) A link to the electronic version of the actual notice and agenda for such meeting or special meeting.
(d) For purposes of this policy only, the Town shall determine the formats to be utilized for the electronic notifications but shall adhere to the following guidelines in making their determination:~
(1) Use a document format that is available at no expense across all computing platforms;
(2) Have, at minimum, the agency name, date, time, location, and purpose of the public meeting or hearing electronically syndicated using an open, standard electronic syndication format for dissemination to any interested party; and
(3) Allow an interested party to subscribe to these notices and agendas, and receive the notices and agendas via electronic mail; and
(4) Be updated pursuant to paragraph (b) above.
(e) The formats described in paragraphs (d)(1) and (d)(2) above shall be developed in consultation with the Representative Town Meeting or a Special Committee of the Representative Town Meeting.
(f) All electronic notifications described in this policy shall not constitute legal notice as required pursuant to Title 1, Chapter 14, Sections 1-225(c) and 1-225(d) and Title 7, Chapter 90, Section 7-3 of the Connecticut General Statutes. This policy shall not constitute a replacement for the notice requirements required to any citizen affected by any decision or ruling by any Town Department, Town Commission or Town Board. The electronic notifications described in subparagraph (d) of this policy shall also not constitute a replacement for the mailing of notice of meetings to persons filing written requests pursuant to Title 1, Chapter 14,
Section 1-227 of the Connecticut General Statutes.
(g) All the Town's local government access television channels shall provide the information set forth in paragraphs (d)(2) and d(4) above during scheduled times in the course of its broadcast day as directed by the First Selectman.
Referred to Legislative & Rules Committee
Referred to Town Services Committee
7. To consider and act upon the following resolution, requested by the Board of Parks and Recreation and approved by the First Selectman and the Board of Selectmen.
(a) There shall be a Board of Parks and Recreation consisting of nine (9) resident electors who shall be appointed bienniallybiennially by the Representative Town Meeting, on nomination of the Board of Selectmeaan for terms of four (4) years. Of the Members first appointed. Four (4) members shall be appointedfor terms of four (4) years. Of the Members first appointed, four (4) members shall be appointed for terms expiring March 31, 1972 and five (5) members shall be appointed for terms expiring March 31, 1974. for terms expiring March 31, 1972 and five (5) members shall be appointed for terms expiring March 31, 1974.
(b) In the event that there are vacancies for terms expiring March 31, 2010, the filling of two (2) such vacancies shall be for terms expiring March 31, 2009 and thereafter the new terms for such positions filled shall be for terms expiring March 31, 2012.
(c) Appointment of four (4) members for terms commencing April 1, 2008 shall be for three (3) members to be appointed for terms expiring March 31, 2011 and for one (1) member for a term expiring March 31, 2012.
(d) Appointment of five (5) members for terms commencing April 1, 2010 shall be for three (3) members to be appointed for terms expiring March 31, 2013 and for two (2) members for terms expiring March 31, 2012 unless two members have been previously appointed to those terms as provided in subsection (b).
(e) Appointments to fill terms commencing on April 1 of 2011, 2012, 2013 and thereafter shall be for three (3) years, except to fill vacancies for unexpired terms.
(f) In addition to the members so appointed, one (1) of the Selectmen and one (1) member of the Board of Education to be designated by the Board of Selectmen and the Board of Education respectively, shall be members of such board, ex officio.
(gbb) The Board shall make studies and shall prepare and submit to the First Selectman from time to time, proposals, recommendations and long range plans relating to the parks and recreational system of the Town. The First Selectman shall consult with the Board concerning the selection of sites, budget and the appointment of personnel.
(RTM, 4/27/1970.) (Char. Rev. 11/4/1975, eff. 1/1/1978.)
Deletions: underlined
Additions: bold
Referred to Appointments Committee
Referred to Parks & Recreation Committee
8. To consider and act upon the following resolution, requested by the RTM special committee on the POCD/CP:
WHEREAS, the special committee set up by the Moderator pursuant to such resolution has submitted its report; and
WHEREAS, such report contains the following recommendations:
3. that Section 92 of the Charter be amended by inserting after “trends” in the third sentence the following: “and of the views of other agencies of town government and of the public”;
4. that Section 93 of the Charter be amended by deleting “may” in the second sentence thereof and inserting in its place “shall”;
5. that the description of a project in the POCD demonstrate how the project would implement a particular goal of the POCD and enable the concerned town departments and agencies to make preliminary estimates of the cost and likely public support and/or opposition to the project;
6. that a structured update procedure be followed pursuant to which a major section of the POCD is reviewed, revised as appropriate and re-adopted each year;
7. that an implementation committee be created to monitor implementation of the POCD on a regular basis and make periodic status reports to the First Selectman, P&Z, the BET and the RTM;
8. that all projects considered for funding in the CIP process (other than projects that are required by a court or regulatory order) be derived from, or be consistent with, the POCD;
9. that requests by Town departments for the funding of a capital project specify the goal of the POCD that would be implemented by such project;
10. that the Capital Plan include a list of all capital improvements identified to meet the goals of the POCD but not scheduled in the Capital Plan;
11. that the CIP Committee membership be broadened so that at least 50% of the voting power on the committee be with persons who are not town employees;
12. that the CIP Committee operate openly, in full compliance with Freedom Of Information standards, with its meetings noticed appropriately in advance and open to the public and a record kept and made available to the public of any action it takes, including the scoring by the committee of individual projects; and
13. that all Town departments and agencies affected by the POCD evidence their support for the proposed POCD or any proposed amendments thereto prior to its submission to the RTM;
NOW, THEREFORE, BE IT RESOLVED, that the foregoing recommendations be, and they hereby are, approved by the Representative Town Meeting to provide guidance to the constituent parts of Town government to improve the Town's long-range planning and the linkage of the Town's budgeting of capital improvements projects with its long-range planning in the POCD.
Referred to Education Committee
Referred to Land Use Committee
Referred to Legislative & Rules Committee
Referred to Public Works Committee
9. To consider and act upon the following resolution, requested by the Legislative and Rules Committee.
2008 –2009 term is hereby changed:
From To
Tuesday, January 15,2008 Monday, January 14, 2008
Referred to Legislative & Rules Committee
Referred to Town Services Committee
Dated at Greenwich,Ct THOMAS J. BYRNE
November 26,2007 MODERATOR
CARMELLA C. BUDKINS
TOWN CLERK
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