Pursuant to the foregoing notice a regular Representative Town Meeting of the Town of
Greenwich was held in the Moderator’s Hall at Central Middle School on Monday
March 10, 2008 at 8:00 P.M. (E.D.T.)
The meeting was called to order by the Moderator Thomas J. Byrne.
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.
Town Clerk Carmella C. Budkins swore in members who were not at the January meeting.
Attendance cards were presented showing 191 present, 39 absent and no vacancies.
The members who were absent in District 1 – Norman R. Collins, Timothy P Gemelli, Nora T. Gentry, Richard P. Holleran, Patrick F Maher; District 2 – Kevin J. Brogan, Joseph J Kaliko; District 3 – Thomas P. Conelias, Claudia Velez; District 4 – Frances Avery, James M Bonney; District 5 – Frederick L Baker, III, Samuel T. Telerico, Anne F Wichman; District 6 – Michael C Carter, Robert Guerrieri; District 7 – Ellen Brennan-Galvin, Donald E Hamilton, Timothy P Harkness, Roger H Lourie; District 8 – Susie L Andersen, Jay T. Hahn; District 9 – Gregory H Skidmore; District 10 – Joseph M Annunziato, Robert M Byrnes, John M Lucarelli, Emerson L. Stone; District 11 – Michael R Chait, James M Hesburgh, Corinne A Hughes, Mary Hope Lewis, Neal E
Neilinger, Vinay S Pande, Michael G Wacek; District 12 – Ellen Jo Haskell, Dolores A McMollem, Michael J Petrucelli, Mary Romeo, Jane S Sulich.
The Moderator announced that all members had received a copy of the minutes of the December 10, 2007 meeting and the January 14, 2008 meeting, the reading of the minutes would be omitted. He asked if there were any corrections or comments on the December 10th minutes, there being none, the minutes were adopted by unanimous consent. He then asked for any corrections or comments on the January 14th minutes, there being none, the minutes were adopted by unanimous consent.
Moderator ProTempore Joan Caldwell introduced Donna Nickitas of the League of Woman Voters who presented the members with the 2008-2009 RTM Directory.
Nancy Weissler, chairman of the Board of Education, gave the members an update on the Hamilton Avenue School situation.
Pursuant to RTM rules, the Moderator designated the following items be placed on the consent calendar - 2 thru 9, 13, 14, 24, & 32.
The items on the consent calendar are:
2. RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed an Alternate Member of the Planning and Zoning Commission for a term expiring 3/31/11.
R. ELLEN AVELLINO
3. RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed an Alternate Member of the Planning and Zoning Commission for a term expiring 3/31/11.
MARGARITA T. ALBAN
4. RESOLVED, that the following named person, nominated by the Board of Selectmen be appointed an Alternate Member of the Planning and Zoning Commission for a term expiring 3/31/11.
FREDERIC HENRY BROOKS
5. RESOLVED, that the following named person , nominated by the Board of Selectmen, be appointed a member of the Inland Wetlands and Watercourses Agency for a term expiring 3/31/12.
GARRETT l. DIETZ
6. RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Board of Health for a term expiring 3/31/12.
ROBERT L. AILLEO
7. RESOLVED, that the following named person, renominated by the Board of Selectmen, be appointed a member of the Board of Health for a term expiring 3/31/12.
PETER A. ARTURI
8. RESOLVED, that the following named person, renominated by the Board of Selectmen, be appointed a member of the Alarm Appeals Board for a term expiring 3/31/12.
THOMAS E. ZACK
9. RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the South Western Regional Planning Agency for a term expiring 3/31/10.
ROBERT BYRNES
13. RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a regular member of the Historic District Commission for a term expiring 3/31/13.
ARIS CRIST
14. 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 3/31/10.
JANE A. FINN
24. RESOLVED, that the Town of Greenwich, Department of Parks & Recreation accepts a gift of three BigBelly solar trash containers valued at $13,500.00 to be installed at Greenwich Point. The gift is from the Friends of Greenwich Point.
32. RESOLVED, that the following named persons, nominated by the RTM Appointments Committee, be appointed a Regular Members of the RTM Labor Contracts Committee for terms expiring 12/31/09.
JAMES G. BOUTELLE
JOSHUA H. BROWN
ROBERT M. BYRNES
JOAN E. CALDWELL
DAVID W. DETJEN
The vote was now on the consent calendar.
In Favor - 185
Against - 1
Abstentions - 0
Items Carried
The Moderator suggested a motion, which was moved and seconded, to suspend the rules and combine items 10,12, 17-22; 26-31and consider separately items 1,11,15,16,23,25 & 33.
Motion Carried
The Moderator announced that the combined items were now before the meeting.
Selectman Lin Lavery offered the following resolutions, which were duly moved and seconded, regarding Items 10 and 12. Item No. 10 was a substitute resolution.
10. RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a regular member of the Inland Wetlands and Watercourses Agency for a term expiring 3/31/12.
WILLIAM GALVIN
12. RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Board of Health for a term expiring 3/31/12.
MARILYN ROSS CAHN, M.D.
Selectman Peter Crumbine offered the following substitute resolution, which was duly moved and seconded, regarding Item No. 17.
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Nathaniel Witherell Board for a term expiring 3/31/11.
CHRISTOPHER ANN THURLOW
Town Administrator John Crary offered the following substitute resolution, which was duly moved and seconded, regarding Item No. 18, The substitute resolution contained the suggested amendments of the Legislative & Rules Committee.
RESOLVED, that the First Selectman is authorized to apply for and accept grants and to execute agreements regarding said grants, made by the State of Connecticut Department of Transportation, under the Connecticut Clean Fuel Program and such proceeds shall be added by the Comptroller to the appropriate revenue account.
Douglas Wells, Chairman of the Legislative and Rules Committee, made a motion on behalf of the committee, to amend the resolution, in the first line, after the word “grants” add the word “and”; in the fourth line, change the word “grants” to “proceeds”.
The amendment was adopted by unanimous consent.
Commissioner of Public Works Lloyd Hubbs offered the following resolutions, which were duly moved and seconded, regarding items 19, 20 and 21.
19. RESOLVED, that the sum of $87,000.00 be and the same is hereby appropriated to be added to Capital Account Number Z312-59600-28011, known as “Highway Maintenance”.
20. RESOLVED, that the sum of $640,000.00 be and the same is hereby appropriated to be added to Capital Account Number Z312-59600-28104, known as “Nor’easter Damage Repairs”.
21. RESOLVED, that the sum of $145,000.00 be and the same is hereby appropriated to be added to Capital Account Number K361-59650-28104, known as “J.J. Kennedy Force Main & Pump Station”.
Elizabeth Link, Director of Fleet Operations, offered the following resolution, which was duly moved and seconded, regarding Item No. 22.
RESOLVED, that the sum of $42,000 be and the same is hereby appropriated to be added to the account number identified below:
380-53500 Motor Fuel and Lubricants $42,000
Christopher VonKeyserling, Chairman of the Appointments Committee, offered the following resolutions, which were duly moved and seconded, regarding Items Nos. 26 to 31.
26. RESOLVED, that the following named person, nominated by the RTM Appointments Committee, be appointed a member of the Condemnation Commission for a term expiring 3/31/10.
GORDON A. ENNIS
27. RESOLVED, that the following named person, nominated by the RTM Appointments Committee, be appointed a member of the Condemnation Commission for a term expiring 3/31/10.
RICHARD F. KRAL, JR.
28. RESOLVED, that the following person, nominated by the RTM Appointments Committee, be appointed a member of the Condemnation Commission for a term expiring 3/31/10.
NEIL P. RITTER
29. RESOLVED, that the following person, nominated by the RTM Appointments Committee, be appointed a member of the Condemnation Commission for a term expiring 3/31/10.
ROBERT A. PERRI
30. RESOLVED, that the following person, nominated by the RTM Appointments Committee, be appointed a member of the Condemnation Commission for a term expiring 3/31/10.
ROBERT A. PERRI
31. RESOLVED, that the following named persons, nominated by the RTM Appointments Committee, be appointed a Regular Members of the RTM Claims Committee for terms expiring 12/31/09.
JANE W. ARNONE
ROBERT L. BEERMAN
JOHN H. BLANKLEY
FRANCIS (KIP) J. BURGWEGER,JR.
EDWARD D. DADAKIS
LLOYD HULL
EDWARD MANGANIELLO
DAVID l. MELICK
JOHN A. SHULMAN
The vote was now on the combined items.
In Favor - 179
Against - 0
Abstentions - 6
Items Carried
The Moderator announced that Item No. 1 on the call , postponed from the January 2008 meeting, was now before the meeting.
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 3/31/12.
RICKY M. CAPOZZA
Karen Sadik-Khan, chairman of the Parks & Recreation Committee, made a motion, on behalf of the committee, to postpone this item until the April meeting.
Motion Carried
The Moderator announced that Item No. 11 on the call was now before the meeting.
Selectman Linda Lavery offered the following resolution, which were duly moved and seconded, regarding Item No. 11.
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Inland Wetlands and Watercourses Agency for a term expiring 3/31/12.
MARTIN KAGAN
The vote was now on Item No. 11.
In Favor - 175
Against - 10
Abstentions - 2
Item Carried
Selectman Linda Lavery offered the following resolution, which was duly moved and seconded, regarding Item No. 15.
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed an alternate member of the Inland Wetlands and Watercourses Agency for a term expiring 3/31/12.
ROBERT V. SISCA
The vote was now on Item No. 15.
In Favor - 183
Against - 0
Abstentions - 0
Item Carried
The Moderator announced that Item No. 16 on the call was now before the meeting.
Selectman Peter Crumbine offered the following resolution, which was duly moved and seconded, regarding Item No. 16.
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Board of Social Services for a term expiring 3/31/11.
KIMBERLY TERRENOIRE
The vote was now on Item No. 16.
In Favor - 113
Against - 54
Abstentions - 17
Item Carried
The Moderator announced that Item No. 23 on the call was now before the meeting.
Elizabeth Link, Director of Fleet Operations, offered the following resolution, which was duly moved and seconded, regarding Item No. 23.
RESOLVED, that the sum of $83,000 be and the same is hereby appropriated to be added to the account number identified below:
380-53510 Parts for Automotive Equipment $83,000
The vote was now on Item No. 23.
In Favor - 166
Against - 16
Abstentions - 0
Item Carried
The Moderator announced that Item No. 25 on the call was now before the meeting.
Town Administrator John Crary offered the following resolution, which was duly moved and seconded, regarding Item No. 25.
PERIOD FOR DEMOLITION PERMITS.
WHEREAS, Public Act 07-26 was approved on May 18, 2007; and
WHEREAS, Public Act 07-26 amended Connecticut General Statutes § 29-406 by increasing the waiting period that a municipality may adopt prior to granting a permit for the demolition of any building, or structure or any part thereof, from ninety (90) days to one hundred eighty (180) days; and
WHEREAS, Public Act 07-26 and Connecticut General Statutes § 29-406, as amended, permits any municipality, by ordinance, to impose a waiting period of not more than one hundred eighty (180) days before granting any permit for the demolition of any building or structure or any part thereof; and
WHEREAS, the Town desires to amend Greenwich Municipal Code, Article 6. Waiting Period For Demolition Permits, pursuant to Public Act 07-26; and
WHEREAS, the Town further desires to amend Greenwich Municipal Code Article 6, Waiting Period For Demolition Permits, by increasing the timeframe for filing an objection to a demolition with the Building Official from twenty (20) days to forty five (45) days;
NOW THEREFORE, BE IT HEREBY ORDAINED AND ENACTED BY THE REPRESENTATIVE TOWN MEETING THAT:
The ordinance entitled Article 6. Waiting Period For Demolition Permits is hereby amended as follows:
ARTICLE 6. WAITING PERIOD FOR DEMOLITION PERMITS
[Text to be deleted is noted in strikeout; text to be added is underlined ]
Sec. 6-313. Waiting period imposed.
As authorized by § 29-406(b) of the Connecticut General Statutes, there is hereby imposed, a ninety-day, one hundred and eighty-day waiting period before granting any permit for the demolition of any building or structure five hundred (500) square feet or larger that is more than sixty (60) years old.
Sec. 6-316. Notices.
Within five (5) days of the filing of an application for a demolition permit for a building or structure five hundred (500) square feet or larger that is over sixty (60) years old, the applicant shall issue notices set forth in this section containing information provided in Section 6-315(a) through (c), along with a statement that an application for a demolition permit is pending, that information may be obtained from the Building Official and that any objection to the demolition must be filed in writing with the Building Official within forty five twenty (20) days of publication notice to prevent the shortening of the waiting period, established by town ordinance:
(a) Publication notice delivered prepaid to a newspaper having a general circulation in the town with direction that it be published within seven (7) days of receipt.
(b) Registered or certified mail notice to the owners of all property adjoining the property on which the building or structure to be demolished is located.
(c) Registered or certified mail notice to each Historic District Commission in the town, the Historical Society of the Town of Greenwich and the residential association or tax district in which the building or structure is located.
(d) Sign notice of a size no smaller than twenty-four by thirty-six (24 x 36) inches on the property on which the building or structure to be demolished is located, posted in a conspicuous place visible from a public or other accessing street. The sign shall contain the word "DEMOLITION" in capital letters no less than two (2) inches high. If there is more than one (1) building or structure, proposed for demolition, a sign shall be posted near each of them. Said sign shall remain on the property from the time of posting until the final demolition.
(e) First class mail notice to the Building Official verifying, under oath, that all the notices required in Subsections (a) through (d) above have been made with copies of the notices required in Subsections (a) through (c) attached.
(RTM, § 4, 3/11/1991.)
Sec. 6-318. Waiver of waiting period.
If no written objection to the granting of the demolition permit is filed with the Building Official within (twenty (20) forty-five (45) days of the publication notice set forth in Section 6-316(a), the balance of the waiting period shall be waived.
Douglas Wells, chairman of the Legislative & Rules Committee, made a motion, on behalf of the committee, to amend the resolution in Sec 6-316, seventh line, the number “20” should have a strike thru, not underlined and in Sec 6-313 delete the underlined wording “one hundred and eighty days” and restore “a ninety day”.
The vote was now on the Legislative & Rules Committee motion to amend.
In Favor - 96
Against - 81
Abstentions - 5
Amendments Carried
C. Nick Edwards,III of District 8 made a motion, which was seconded, to amend the item in Sec 6-313 by deleting the words “more than sixty (60) years old” and inserting “built before 1940”.
Francis J Burgweger, Jr. of District 8 made a motion, which was seconded, to amend Mr. Edwards motion, noting that the same language that is being deleted is also found in Sec. 6-316 and that section should be changed also.
The motion was adopted by unanimous consent.
The vote was now on Mr. Edwards’s motion to amend.
In Favor - 103
Against - 65
Abstentions - 11
Motion Carried
Arline Lomazzo of District 6 made a motion, which was seconded, to refer Item No. 25 to the Land Use Committee.
Motion Lost, upon a voice vote
The vote was now on Item 25 as amended.
In Favor - 89
Against - 80
Abstentions - 2
Item Carried
The Moderator announced that Item No. 33 on the call was now before the meeting.
Comptroller Peter Mynarski offered the following resolution, which was duly moved and seconded, regarding Item No. 33.
RESOLUTION WITH RESPECT TO THE AUTHORIZATION, ISSUANCE AND SALE OF NOT EXCEEDING $22,000,000 TOWN OF GREENWICH GENERAL OBLIGATION REFUNDING BONDS
BE IT RESOLVED BY THE REPRESENTATIVE TOWN MEETING OF THE TOWN OF GREENWICH:
Section 1. Not exceeding $22,000,000 General Obligation Refunding Bonds of the Town of Greenwich (the "Refunding Bonds"), or so much thereof as the Comptroller shall determine in the best interests of the Town as necessary to maximize net present value savings and/or to moderate debt service payments, are hereby authorized to be issued to refund all or any portion of the principal amount outstanding of the Town’s $24,830,000 General Obligation Bonds, dated January 1, 2003 (the "Refunded Bonds"). The Refunding Bonds shall be sold either in a negotiated underwriting or a competitive offering, and at such time or times as the Comptroller shall determine to be most opportune for the Town. The Refunding Bonds shall mature at such time or times and in such principal
amounts as shall be determined by the Comptroller, provided, that no Refunding Bonds shall mature later than the final maturity date of the last maturity of the Refunded Bonds. The Refunding Bonds shall bear interest payable at such rate or rates as shall be determined by the Comptroller, shall be executed in the name and on behalf of the Town by the manual or facsimile signatures of the Chairman of the Board of Estimate and Taxation and the Treasurer, and countersigned by the Comptroller, have the seal of the Town or a facsimile thereof affixed and attested by the Town Clerk, and be approved as to their legality by Robinson & Cole LLP, Bond Counsel. The Refunding Bonds shall be general obligations of the Town and each of the Refunding Bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of the Town are pledged to
the payment of the principal thereof and the interest thereon. The aggregate denominations, form, details, and other particulars thereof, including the terms of any rights of redemption and redemption prices, the certifying, paying, registrar and transfer agent, shall be subject to the approval of the Comptroller. The net proceeds of the sale of the Refunding Bonds, after payment of underwriters’ discount and other costs of issuance, shall be deposited in an irrevocable escrow account in an amount sufficient to pay the principal of, interest and redemption premium, if any, due on the Refunded Bonds to maturity or earlier redemption pursuant to the plan of refunding. The Comptroller is authorized to appoint an escrow agent and other professionals and to execute and deliver any and all escrow, investment and related agreements necessary to provide for such payments on the Refunded Bonds and to provide for the transactions contemplated hereby. The
Comptroller is authorized to prepare and distribute a preliminary and a final Official Statement of the Town of Greenwich for use in connection with the offering and sale of the Refunding Bonds, and he is hereby authorized to execute and deliver on behalf of the Town a Bond Purchase Agreement, a Continuing Disclosure Agreement and a Tax Regulatory Agreement for the Refunding Bonds in such form as he shall deem necessary and appropriate.
Section 2. This resolution shall be effective until December 31, 2008.
[Requires affirmative vote of a majority of the entire membership of the RTM]
The vote was now on Item No. 33.
In Favor - 143
Against - 12
Abstentions - 3
Item Carried
There being no further business, the Moderator adjourned the meeting, upon unanimous consent, at 11:05P.M.
ATTEST:
CARMELLA C. BUDKINS
TOWN CLERK
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