Pursuant to the foregoing notice a regular Representative Town Meeting of the Town of Greenwich was held on Monday September 17, 2007 at 8:00 P.M.(E.D.T.)
The meeting was called to order by the Moderator Thomas J. Byrne.
Town Clerk Carmella C. Budkins swore in Emil Benni Benvenuto, a new member in District 12, prior to the meeting.
Ryan Fazio, a senior at Greenwich High School and delegate to the 2007 Boys and Girls State program, led the members in the pledge of allegiance to the flag.
The Moderator announced that as all members had received a copy of the call for the meeting, the reading of the call would be omitted.
Attendance cards were presented showing 193 present, 35 absent and 1 vacancy.
The members who were absent in District 1 – Hans Helbig, Richard Holleran, Julie L. Ray, Najm Shams: District 2 – Nancy Fogwell; District 4- Linda deSeife, David C. Rupert, John Wahba; District 5 – Valerie Erde; District 6 – Richard F. Grieb, Claudia M. Keeler, Stephen Meskers, David J.Noble, Robert F. Robben, Eric Tautel; District 7 –
Susan M.Morton; District 8 – William E. Connors, Anthony Tod Laudonia, Drew Marzullo; District 9 – Michael Dunne, James C. Reilly, Juan P.Sosa; District 10 – Gerald L. Anderson, Lloyd N. Hull, Alan A. Small; District 11 – Kevin B. Coyner, Rosa A. Fini, Joseph Huley, Joseph J. Kaliko, Nicholas Skeadas; District 12- Fred A. DeCaro, III, David J. Norton, Sandra A.Romaniello, Jane S. Sulich, Charles E. Thivierge, Jr.
Note: District 8 – Nancy Chapin and William Connors were listed as absent at the June 2007 meeting, but both were present and voted on the agenda items, but were not marked present on the blue attendance card submitted by the district.
The Moderator introduced the 2007 delegates to the Boys and Girls State program, a week long “learn by doing program” in civics and government held in Hartford. The delegates were selected by the American Legion and the co-chairmen for Greenwich were Erford Porter, II and Livvy Floren, State Representative for the 149th District. The delegates for 2007 were Elliot Conte, Tatiana Cooke, Kate Costello, Caroline Dougherty, Ryan Fazio, Efty Gregor-Mourginakis, Luke Paraskevas, Daniel Schreff, Ryan Shea, Emily Simons, Zachary Sims, Sara Joe Wolansky, Krystie Yandoli and Alicia Zimmel.
Mary Ferry, chairman of District 5, offered the following remembrance recognizing the service and contributions of the late Rusty Lewis.
District 5 would like for you to spend a few minutes remembering Nelaura Orr Lewis, whom we all knew as Rusty Lewis. She died of cancer on July 15, 2007.
When Rusty ran for election early in her twenty years of service on the RTM, she was listed on the ballot as Nelaura O. Lewis. Unfortunately, many of her supporters did not recognize her by that name, so she lost the election. She changed her voter registration name to Rusty O. Lewis and won easily in the next election.
For many years, Rusty was District 5’s delegate to the Finance Committee, of which she was vice-chair for several years. She gave thoughtful, factual and complete reports which always helped us understand the issues.
Rusty was involved in many community activities. She was a Girl Scout leader, a member and Treasurer of the Junior League, a Board member of the Greenwich Health Association and Friends of the Greenwich Library. She helped establish programs for the learning disabled and helped develop and manage the volunteers at the Career Center at Greenwich High School.
Rusty was a founding member of the Greenwich Youth Shelter, which later became Kids in Crisis, where she was the first Treasurer. She was also active at First Congregational Church of Greenwich and served as a trustee and then as treasurer for two years.
Although Rusty and her husband traveled a lot, she would usually fly home for RTM meetings, including the time she flew home in March just ahead of a storm and found that the RTM meeting has been canceled. That is real dedication.
Rusty was an active member of the community who will be missed by many people, including her husband Richard, her daughters Vicki Nolan, Kathryn Heidt and Wendy Fuller and nine grandchildren.
District 5 asks that an appropriate copy of this remembrance be sent to her family and that we all stand for a moment of silence.
The resolution passed unanimously with the members standing for a moment of silence in memory of Mrs. Lewis.
The Moderator announced that as all members had received a copy of the minutes of the June 11, 2007 meeting, the reading of the minutes would be omitted. He asked if there were any corrections or comments, there being none, the minutes, as submitted, were adopted by unanimous consent.
The Moderator announced that Item 15 had been withdrawn.
Pursuant to RTM rules, the Moderator designated the following items to be placed on the consent calendar - 5 and 6 .
Motion Carried
The items on the consent calendar are :
5. RESOLVED, that the Town of Greenwich accept a gift in the amount of $25,000.00 as reimbursement for the Independence Day Fireworks Celebrations
6. RESOLVED, that the Town of Greenwich accept a gift of a formal park entrance walkway valued at $7,500.00 from the McNamee Family to be located at Roger Sherman Baldwin Park, South Arch Street, Greenwich, Connecticut.
The vote was now on the consent calendar.
In Favor - 181
Against - 0
Abstentions - 0
Items Carried
The Moderator suggested a motion, which was moved and seconded, to suspend the rules and combine Items 1,2, 8 & 12 and to consider separately Items 14, 3,4,7,9,10,11 & 13.
Motion Carried
The Moderator announced that the combine items were now before the meeting.
1. (postponed from the June meeting)
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed an alternate member of the Historic District Commission for a term expiring 3/31/12.
NOBLE WELCH
Dr. Susan Wallerstein of the Board of Education offered the following substitute resolution, which was duly moved and seconded, regarding Item No. 2.
RESOLVED, that the Town of Greenwich accept a three year grant for $60,000 from the State Education Resource Center (SERC) of which $25,000 is to be hereby appropriated to the following account E0458 43100.
Selectman Peter Crumbine offered the following resolution, which was duly moved and seconded, regarding Item No. 8.
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Board of Ethics for a term expiring on 3/31/08.
HEATHER PARKINSON-WEBB
Lloyd Hubbs, Commissioner of Public Works, offered the following resolution, which was duly moved and seconded, regarding Item No. 12.
RESOLVED, that the sum of $28,900 be and the same is hereby appropriated to be added to Capital Account Number Z345-59120-28xxx, known as “3/4 ton Cargo Van”.
The vote was now on the combined items.
In Favor - 186
Against - 1
Abstentions - 0
Items Carried
The Moderator announced that Item No. 14 on the call was now before the meeting.
Douglas Wells, chairman of the Legislative & Rules Committee, offered the following resolution, which was duly moved and seconded.
RESOLVED, to amend Section 40 of the Charter of the Town of Greenwich.
WHEREAS, the Town of Greenwich (the “Town”) desires to amend the attendance requirements of the members of the Representative Town Meeting at district meetings,
NOW, THEREFORE, THE FOLLOWING AMENDMENT SHALL BE MADE,
Section 40 of the Town Charter shall be amended as follows:
(a) Nominations of candidates for Representative Town Meeting members to be elected under this Article shall be made by petition, which shall bear no political designation, shall be signed by not less that twenty-five (25) voters of the district in which the candidate resides and shall be filed with the Town Clerk not later than September 15, immediately preceding election. Any Representative Town Meeting member, who by August 15 immediately preceding the election, shall have attended at least [one-half (1/2)] two-thirds (2/3) of all Representative Town Meetings and at least [one-half (1/2)] two-thirds (2/3) of all district meetings, held during the
current term of office, may become a candidate for reelection by giving written notice thereof to the Town Clerk not later than September 15, immediately preceding election.
Delections in brackets
Changes in bold
The vote was now on Item No. 14.
In Favor - 171
Against - 16
Abstentions - 3
Item Carried
The Moderator announced that Item No. 3 on the call was now before the meeting.
Paul Curtis of District 9 offered the following resolution requested by twenty registered voters, which was duly moved and seconded.
WHEREAS, The citizens of the Town of Greenwich (the "Town") have the right to know when public meetings and hearings are held, their location, and a detailed agenda for said meetings; and
WHEREAS, The Representative Town Meeting (the "RTM") of the Town in its responsibility as the representatives of the electorate of the Town needs to be apprised of all activities of Town departments, boards, commissions, councils, and committees, including all school building committees and building project committees.
NOW, THEREFORE, BE IT RESOLVED, that the following Public Notification Ordinance be enacted by the Representative Town Meeting.
PUBLIC NOTIFICATION OF MEETINGS AND HEARINGS
(a) The Town's Building Construction and Maintenance Department and the Town Clerk's Office together shall provide and maintain a publicly viewable display case in the lobby of the Town Hall for the posting of all upcoming meeting notices and agendas in accordance with §7-3 of the Connecticut General Statutes.
(b) All Town departments, boards, commissions, councils, and committees, including all school building committees and building project committees, will provide meeting notices and agendas in accordance with §1-225(c) and (d) of the Connecticut General Statutes and these notices shall be posted in the publicly viewable display case set forth in (a).
(c) All updates, modifications, and changes to meeting notices or agendas posted in accordance with (b) shall be made available within one hour.
(d) The Town's Information Technology Department shall institute and maintain a single page on the Town's web site that consists of a listing of the public notices and agendas as set forth in (b) with links to electronic versions of the notices and agendas. The implementation of these notices and agendas shall:
(1) Use a read only, portable document format that is available at no expense across all computing platforms; and
(2) Be 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 in accordance with (c); and
(5) Have the formats described in (d)(1) and (d)(2) approved by the Representative Town Meeting or a Special Committee of the Representative Town Meeting.
(e) All the Town's local government access television channels provide the information set forth in (d)(2) during scheduled times in the course of its broadcast day.
(f) This section shall take effect sixty days after enactment.
Douglas Wells, chairman of the Legislative and Rules Committee, made a motion, on behalf of the committee, to postponed Item No. 3 indefinitely.
Motion was adopted by unanimous consent.
The Moderator announced that Item No. 4 on the call was now before the meeting.
Selectman Peter Crumbine offered the following resolution, which was duly moved and seconded, regarding Item No. 4.
RESOLVED, that the following named person, nominated by the Board of
Selectmen, be appointed a member of the Board of Parks and Recreation for
a term expiring 3/31/08.
RICK CAPOZZA
The vote was now on Item No. 4.
In Favor - 164
Against - 14
Abstentions - 12
Item Carried
The Moderator announced that Item No. 7 on the call was now before the meeting.
Joseph Siciliano, Director of Parks & Recreation, offered the following substitute resolution, which was moved and seconded, regarding Item No. 7.
RESOLVED, that the Town of Greenwich approve a gift in the amount of $20,000.00 from Mr. Robert E. Button to the Parks and Recreation Foundation for the future maintenance of the new Showmobile; and
FURTHER RESOLVED, that the new Showmobile shall be named THE BOB BUTTON BANDSTAND in honor of Mr. Button.
The vote was now on Item No. 7.
In Favor - 188
Against - 0
Abstentions - 2
Item Carried
The Moderator announced that Item No. 9 on the call was now before the meeting.
Douglas Wells, chairman of the Legislative & Rules Committee, offered the following resolution, which was duly moved and seconded, regarding Item No. 9.
RESOLVED, to delete Sections 7-24 and 7-45 of the municipal code as written and replace with the following:
7-24. Fish and Wildlife
(a) No person shall maliciously harm, frighten or harass any fish or wildlife; nor shall he remove, collect, or have in his possession any wildlife or the eggs or nest of any wildlife.
(b) No person shall give or offer or attempt to give any fish or wildlife any poison or any other known noxious substance.
(c) Fishing, including the use of nets or seines, shall be permitted with proper licenses only in those waters designated by the Director or his authorized agents.
(d) No person shall hunt, trap or pursue wildlife at any time, and no person shall use firearms, air rifles, spring guns, bows and arrows, slings or any kind of trapping device or any other weapons or explosives to frighten, injure or kill wildlife, except for the purpose of wildlife management as authorized by the Director, in consultation with the Conservation Director, and approved by the Board of Selectmen.
(e) Nothing herein shall prevent the Director or his authorized agents from taking measures that the Director, in consultation with the Conservation Director, and approved by the Board of Selectmen, deems to be in the interest of wildlife management, research, monitoring or education.
(f) The foregoing provisions of this Section 7-24 shall apply only in Parks, as defined in section 7-22 (b).
Nancy Burke of District 2 made a motion, on behalf of the district, to amend the item as follows:
In section (d), fourth line, after the word “wildlife” add a period and delete the rest of the paragraph.
In section (e), delete the first four words; after the word ‘Director’ add of Parks and Recreation ; delete the words “from taking and add “may take”; after the word “Selectmen” delete the coma and add “ and the Conservation Commission”; delete the “s” on the word deems.
The vote was now on the District 2 amendment.
In Favor - 16
Against - 167
Abstentions - 5
Amendment Lost
Elizabeth Campbell of District 5 offered the following amendment, which was seconded,
regarding Item No. 9.
In section (e) add the following to the paragraph-
However, following the Director’s and Conservation Director’s decision to conduct wildlife management, there shall be notice of this decision, including a description of the project, conveyed to all RTM District Chairmen two weeks prior to all Selectmen’s meetings in which this subject is to be discussed. Also, District Chairmen shall convey this information to each District delegate.
The vote was now on the Campbell amendment.
In Favor - 13
Against - 171
Abstentions - 6
Amendment Lost
The vote was now on Item No. 9.
In Favor - 164
Against - 17
Abstentions - 6
Item Carried
The Moderator announced that Item No. 10 on the call was now before the meeting.
Janet Lockton of District 7 offered the following resolution, requested by twenty registered voters, which was duly moved and seconded, regarding Item No. 10.
RESOLVED, that the Greenwich Ordinance entitled Article 8 Section 2-35 “Sales of Realty” of the Greenwich Municipal Code is hereby amended in the following sections as submitted herewith.
Be it Ordained and Enacted by the Representative Town Meeting that:
ARTICLE 8. SALE[S], PURCHASE, ACQUISITION OR LEASE OF REALTY.
Sec. 2-35. Sale, purchase, acquisition or lease of property; public notice; sale price.
(a) The Selectmen are authorized, subject to the approval of the Board of Estimate and Taxation and the Representative Town Meeting, to take the following actions regarding property, defined herein as the realty of land, buildings and improvements thereon:
(1) Sell any property acquired by the Town by virtue of judgments in tax lien foreclosure proceedings or by conveyance in lieu thereof, either at public auction or private sale; [and] or,
(2) Sell any Town owned property; or,
(3) Purchase any property; or,
(4) Acquire any property other than by purchase, including, but not limited to, a gift or a grant of property to the Town; or,
(5) Lease,~as~lessor~any Town owned property or buildings~of 2,000 square feet or greater for a period of one year or greater; or,
(6) Lease, as lessee, any space in non-Town owned property or buildings~of 2,000 square feet or greater for~one year or greater.
(b) Any such sale, purchase, acquisition or lease of property shall be subject to municipal improvement approval by the Town Planning and Zoning Commission in accordance with the Town Charter provisions.
[(2)] c(c) The Selectmen are authorized to [E]execute~all contracts and instruments of conveyances [thereof] for property sold,~purchased, acquired, or leased pursuant to subsection (a) of this Article 8. Such~sales~or leases~shall~be~on~such terms as to credit as the Selectmen and Board of Estimate and Taxation shall~deem fit, including any mortgage to be taken, except that no mortgage shall be taken above fifty percent~(50%) of the purchase price unless specifically approved by the Representative Town Meeting.
[(b)] (d)~ No~such~property~shall be sold at private sale or leased for greater than one year unless previously advertised~in~the~local~newspapers for bids thereon. No private sale shall be made of [such property shall be made of] any property for a price less than the highest bid so received.
(Ords. & Reg., § 18-1, 10/21/46.
Additions are in bold, deletions in [brackets]
Douglas Wells, chairman of the Legislative & Rules Committee, made a motion, on behalf of the committee, to postpone this item indefinitely.
Motion Carried, by voice vote
The Moderator announced that Item No. 11 on the call was now before the meeting.
Lloyd Hubbs, Commissioner of Public Works, offered the following substitute resolution, which was duly moved and seconded, regarding Item No. 11.
RESOLVED, that the sum of $250,000 be and the same is hereby appropriated to be added to Capital Account Number Z312-59660-28xxx, known as “Storm Drain Master Plan-Phase I”.
The vote was now on Item No. 11.
In Favor - 167
Against - 13
Abstentions - 2
Item Carried
The Moderator announced that Item No. 13 on the call was now before the meeting.
Lloyd Hubbs, Commissioner of Public Works, offered the following resolution, which was duly moved and seconded, regarding Item No. 13.
Resolved that the Board of Selectmen is hereby authorized to seek removal of the Town of Greenwich from the Southwest Connecticut Regional Recycling Operating Committee (SWEROC) upon its determination that suitable alternatives exist to dispose of the Town’s recyclable materials at a more favorable cost than that offered by SWEROC.
The vote was now on Item No. 13.
In Favor - 167
Against - 3
Abstentions - 2
Item Carried
There being no further business, the Moderator adjourned the meeting, upon unanimous consent, at 10:20 P.M.
ATTEST:
CARAMELLA C. BUDKINS
TOWN CLERK
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