Pursuant to the foregoing notice a regular Representative Town Meeting of the Town of Greenwich was held on Monday September 18,2006 at 8:00 P.M. (E.D.T.).
The meeting was called to order by the Moderator Thomas J. Byrne.
The members stood for a moment of silence in memory of September 11,2001 and in support of our military serving around the world.
The members pledged 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.
Town Clerk Carmella C. Budkins swore in the following new members:
District 3- Maude Polo; District 6- Marilyn Cahn; District 8 – Steven D. Gross, Frank A Posluszny, William E Connors; District 11- Joseph Fahys; District 12 – Michael Petrucelli.
Attendance cards were presented showing 201 present, 22 absent and 6 vacancies.
The members who were absent in District 1- Mary M Ambrogio, Edward D. Dadakis, Hans A Helbig, Najm Q. Shams; District 2 – Donald R. Conway; District 3-M. Michael Warner; District 4- Linda R deSeife; District 5 –James W. Innes, Richard J. Landes; District 6 – Barbara T. Ruud-Nucci; District 7 – Alice B. Duff, Patrick J. Gillis; District 8 – Joshua H. Brown; District 9 – Jane W. Arnone, Meredith C. Braxton, Evan L. Delman, James C. Reilly; District 10- Gregory Roer; District 11 – Kevin B. Coyner, David L. Hoffman; District 12 – Peter M. Sherr, Charles E.Thivierge, Jr.
The Moderator introduced Shinji Hirai, executive director of the Japan Local Government Center in New York City and visiting members of the Council of Local Authorities for International Relations, who came to observe the workings of the town meeting.
Erford Porter of District 6 introduced the 2006 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 Mr. Porter and Livvy Floren, State Representative for the 149th District. The delegates for 2006 were Amber Applebaum, Christine Chung, Rebecca Cianci, Ella Damiano, Nicholas Edwards, Amy Goldstein, Zachary Mattler, Evan Marx, Lee Richman, James Tanner, Michael Waxman, Rachel Winnal and Roger Yarett.
Joan Caldwell, chairman of District 10, offered the following resolution recognizing the service and contributions of the late Harry E. Peden, Jr.
WHEREAS, Harry E. Peden, Jr. was a resident of Greenwich for more than four decades serving many of it’s charities and organizations, as an attorney, a leader and a friend, and
WHEREAS, Harry Peden was a member of the Representative Town Meeting for almost as long representing District Eight for two terms and District Ten for eight terms, and
WHEREAS, Harry Peden served on both the Rules Committee and the Legislative Committee and subsequently was elected an officer of the combined Legislative and Rules Committee, eventually becoming its Chair, and
WHEREAS, Harry Peden also served on the Building Code Board of Standard and Appeals, the Board of the Round Hill Volunteer Fire Department, the YMCA and the Northwest Greenwich Association.
NOW THEREFORE BE IT RESOLVED that the Representative Town Meeting recognizes with deep appreciation and gratitude the many years of public service rendered by Harry E. Peden, Jr. and extend its sincere sympathy to his widow, Trinette Peden, and their children and grandchildren.
BE IT FURTHER RESOLVED that this resolution be spread upon the minutes of the meeting and that a suitable copy be prepared by the Town Clerk and be sent to Trinette Peden
The resolution was passed unanimously with the members standing for a moment of silence in memory of Mr. Peden .
Richard Kral, chairman of District 8 offered the following resolution recognizing the service and contributions of William Carlson.
The members of District 8 would like the minutes of this meeting to recognize the devoted service that William “Bill” Carlson gave this Body. Bill’s grandfather started the family tradition of serving during the early days of the RTM. During his 18 years of service Bill served mainly on the Town Services subcommittee but seemed to be present at all town meetings. When it came time to build a new school in Cos Cob, Bill was an active participant and elected vice-chair of the building committee. The current structure is testament to Bill’s and the other volunteer’s commitment to improving our community.
Bill’s active and educated participation in our district meetings will be missed. HHHowever we wish Bill health and happiness in his retirement and thank him for his service and commitment to ensuring the voice of the people is heard.
The resolution was passed unanimously.
The Moderator announced that as all members had received a copy of the minutes of the June 12, 2006, the reading of the minutes would be omitted. He asked if there were any corrections or comments. There being none, the minutes were approved as submitted by unanimous consent.
Pursuant to RTM rules, the Moderator designated the following items to be placed on the consent calendar – 1-7-12-13-19-21.
Randall Huffman of District 7 objected to Items 19 and 21 being put on the consent calendar. Objection carried and the items were taken off the consent calendar.
The items now on the consent calendar are:
1. RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Commission on Aging for a term expiring 3/31/09.
RUTH SUH
7. 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 3/31/08.
STEPHAN SKOUFALOS
12. 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 3/31/08.
THOMAS A. SACCARDI
13. RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a regular member of the Nathaniel Witherell Board for a term expiring 3/31/09.
LLOYD BANKSON
The vote was now on the consent calendar.
In Favor - 192
Against - 3
Abstentions - 0
Items Carried
The Moderator announced that Item 4 and Item 8 had been withdrawn by the Board of Selectmen.
The Moderator suggested a motion, which was moved and seconded, to suspend the rules and combine items 11,19,20,21 for voting purposes.
Motion Carried
The Moderator announced that the combined items were now before the meeting.
Town Administrator Ed Gomeau offered the following resolution, which was moved and seconded, regarding Item No. 11.
RESOLVED, that the sum of $350,000 be and the same is hereby appropriated to be added to the Parking Fund Account Number G219-59560-27096
Robert Kavee, chairman of the Public Works Committee, made a motion, on behalf of the committee, to amend the resolution by adding the wording, “from the balance of the Parking Fund”, at the end of the resolution.
Amendment was adopted by unanimous consent.
Town Administrator Ed Gomeau offered the following resolutions, which were duly moved and seconded, regarding Items 19, 20 and 21.
19. RESOLVED, that the sum of $119,000 be and the same is hereby appropriated to be added to Capital Account Number Z312-59620-26034, known as “North Porchuck Road Bridge Replacement”.
20. RESOLVED, that the sum of $227,000 be and the same is hereby appropriated to be added to Capital Account Number Z312-59600-26023, known as “King St/Rye Lake Ave Roundabout”.
21. RESOLVED, that the sum of $74,500 be and the same is hereby appropriated to be added to Capital Account Number Z312-59600-26129, known as “So Water/Mead St Roundabout”.
Richard Holleran of District 1 made a motion, which was seconded, to divide the question by separating out Item No. 11 from the combined items and vote on it separately.
The vote was now on the Holleran motion.
Motion Lost
The vote was now on the combined items.
In Favor - 164
Against - 31
Abstentions - 2
Items Carried
The Moderator announced that the meeting would take up Item 16 and then Item 18 before the remaining items on the call.
Robert Tuthill of District 3 made a motion, which was seconded, to limit debate to three minutes per speaker per item.
Motion Carried
The Moderator announced that Item No. 16 was now before the meeting.
Town Administrator Ed Gomeau offered the following resolution, which was duly moved and seconded, regarding Item No. 16.
WHEREAS, the Representative Town Meeting adopted a resolution appropriating $35,288,000 and authorizing $35,288,000 notes of the Town for the “Purchase of the Pomerance/Tuchman Properties” on March 13, 2000 (the “Resolution”); and
WHEREAS, the purchase of the Pomerance portion was completed and financed in 2000; and
WHEREAS, the Tuchman portion has been the subject of a partition action recently concluded in the Appellate Division of the Connecticut Superior Court on November 30, 2005; and
WHEREAS, the Town has entered into a contract for the purchase of two-thirds of the Tuchman property at a purchase price of $8,666,666.66; and
WHEREAS, the Town has determined that is beneficial for the Town to issue its obligations to the open-market in a competitive offering instead of to the sellers of the Tuchman property at six and fifty hundredths per centum(6.50%) per annum;
NOW THEREFOR BE IT RESOLVED AS FOLLOWS:
The Resolution is hereby amended to delete the requirement that the notes be issued to the sellers of the land and the requirement that the Board of Estimate and Taxation shall determine the details of the issuance and sale of the notes and to insert in lieu thereof the following:
“Not exceeding $8,888,000 of the appropriation may be financed by the issuance of bonds to be sold by the Town in a competitive offering at the lowest true interest cost to the Town. The bonds are authorized to be issued in one or more series, maturing in substantially equal annual installments of principal, provided the final installment shall be due not later than five years from date. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in fully registered form, be executed in the name and on behalf of the Town by the facsimile or manual 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
affixed and attested by the Town Clerk, be certified by a bank or trust company, and be approved as to their legality by Robinson & Cole LLP. The bonds shall be general obligations of the Town and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond or note is within every debt and other limit prescribed by law.. The aggregate principal amount of the bonds of each series to be issued, the date, time of issue and sale and other terms, details and particulars of such bonds, including approval of the rate or rates of interest payable thereon, shall be determined by the Chairman of the Board of Estimate and Taxation, the Treasurer
and the Comptroller.”
Randall Hoffman, chairman of the Budget Overview Committee, made a motion, on behalf of the committee, to amend the item, in the second sentence of the indented paragraph (on page 6 of the call) after the word “series”, delete the rest of the sentence and add the following “maturing serially in such amounts as shall be determined for each year, provided that the final maturity shall not exceed twenty years, in accordance with applicable Connecticut statues.
The vote was now on the Huffman motion to amend.
In Favor - 22
Against - 172
Abstentions - 1
Amendment Lost
The Moderator announced that Item No. 16 required the affirmative vote of a majority of the entire membership of the Representative Town Meeting.
The vote was now on Item No. 16.
In Favor - 196
Against - 1
Abstentions - 0
Item Carried
The Moderator announced that Item No. 18 on the call was now before the meeting.
Town Administrator Ed Gomeau offered the following resolution, which was duly moved and seconded, regarding Item No. 18.
Resolved, that Section 80 of the Town of Greenwich Charter be amended to read as follows:
Sec. 80. Board of Parks and Recreation.
(a) There shall be a Board of Parks and Recreation consisting of nine (9) resident electors who shall be appointed annually [biennially] by the Representative Town Meeting, on nomination of the Board of Selectmen. [for terms of four (4) years.] Appointments to fill the next terms following the terms of the five (5) members expiring March 31, 2006 shall be for three (3) members for terms expiring March 31, 2009 and two (2) members for terms expiring March 31, 2010. Appointments to fill the next terms following the terms of the four (4) members expiring March 1, 2008 shall be for one (1) member for a term expiring March 31, 2010 and three (3) members for terms expiring March 31, 2011. Thereafter, terms shall be for three (3) years. [Of the
expiring March 31, 2011. Thereafter, terms shall be for three (3) years. [Of the members first appointed, four (4) members shall be appointed for terms expiring March 1, 1972 and five (5) members shall be appointed for terms expiring March 31, 1974.] 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.
(b) 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.)
(additions bold; deletions within [brackets])
The foregoing proposal for home rule action requires an affirmative vote of a majority of the entire membership of the Representative Town Meeting.
Douglas Wells, chairman of the Legislative & Rules Committee, made a motion, on behalf of the committee, to refer this item back to the Board of Selectmen, with the suggestion that the terms expire on October 31st instead of March 31st.
Motion Carried
The Moderator announced that Item No. 2 on the call, postponed from the June 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 3/31/10.
NANCY O’BRIEN CAPLAN
Christopher vonKeyserling of District 8 made a motion, which was seconded, to postpone this item until the October meeting.
Motion Lost
The vote was now on Item No. 2.
In Favor - 88
Against - 90
Abstentions - 13
Item Lost
The Moderator announced that Item No. 3 on the call, postponed from the June 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 3/31/10.
DIANE WREN
The vote was now on Item No. 3.
In Favor - 87
Against - 86
Abstentions - 13
Item Carried
The Moderator announced that Item No. 5 on the call, postponed from the June 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 3/31/10.
JOHN CRAINE
The vote was now on Item No. 5.
In Favor - 95
Against - 75
Abstentions - 11
Item Carried
The Moderator announced that Item No. 6 on the call, postponed from the June 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 3/31/10.
WILLIAM DUNSTER
The vote was now on Item No. 6.
In Favor - 87
Against - 84
Abstentions - 10
Item Carried
The Moderator announced that Item No.9 on the call was now before the meeting.
Robert Richardson of District 10 offered the following resolution, on behalf of District 10.
RESOLVED, that the RULES OF THE REPRESENTATIVE TOWN MEETING OF THE TOWN OF GREENWICH be amended by adding the following paragraph to Section IV. C. – ELECTION OF DELEGATES AND ALTERNATES TO COMMITTEES:
Neither members who (or whose spouses) practice before or do business with a Town department or agency nor members who (or whose spouses) are Town employees shall be elected as their district’s delegate or alternate to a standing or special committee having primary operational and budgetary responsibility (as defined in Appendix B) over the department or agency concerned. It is the responsibility of individual members to advise their district chairman of any potential occupational conflict and the responsibility of the district chairman to see that conflicts are prevented or promptly cured.
Gerald Isaacson, chairman of the Health & Human Services Committee, made a motion, on behalf of the committee, to refer this item back to District 10 so that it can be simplified and more positively presented as a set of guidelines instead of a change in the rules of the RTM.
The vote was now on the Health & Human Services Committee motion to refer.
In Favor - 114
Against - 54
Abstentions - 2
Motion Carried
The Moderator announced that Item No. 10 on the call was now before the meeting.
H. Franklin Bloomer, chairman of the Land Use Committee, offered the following resolution regarding Item No. 10.
RESOLVED, that it is the sense of the Representative Town Meeting that the Plan of Conservation and Development (POCD) currently being prepared by the Planning and Zoning Commission describe all capital improvement projects required to achieve its goals, that it be revised and updated with appropriate citizen input at periodic intervals and that, upon adoption and approval by the RTM of the new POCD, all capital improvement projects included in the Capital Plan prepared annually in connection with the Town’s annual budget (other than projects that consist of repair or maintenance of existing infrastructure or are operating equipment) be also in the POCD, as revised and updated.
Mr. Bloomer made a motion, which was seconded, to postpone this item until the October meeting.
Motion Carried
The Moderator announced that Item No. 14 on the call was now before the meeting.
Selectman Peter Crumbine offered the following resolution, which was duly moved and seconded, regarding Item No. 14.
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a regular member of the Board of Social Services for a term expiring 3/31/09.
JOHN “STEVE” MAXWELL
The vote was now on Item No. 14.
In Favor - 146
Against - 0
Abstentions - 1
Item Carried
The Moderator announced that Item No. 15 on the call was now before the meeting.
Selectman Peter Crumbine 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 Planning and Zoning Commission for a term expiring 3/31/08.
FREDERIC HENRY BROOKS
The vote was now on Item No. 15.
In Favor - 104
Against - 35
Abstentions - 2
Item Carried
The Moderator announced that Item No. 17 on the call was now before the meeting.
Cecilia Morgan of District 2 offered the following resolution, which was seconded, regarding Item No. 17
RESOLVED,
"Whereas, the B.E.T. removed all funding for tiered parking (outside the new police-fire complex) from the 2006-2007 budget,
"Whereas, the B.E.T. allowed an allociation of $690,000 for architectural and engineering studies for tiered parking to be transferred from the 2005-2006 budget to the 2006-2007 budget,
"Whereas, there is considerable opposition throughout the Town of Greenwich to the building of any more tiered parking,
"Therefore, it is the sense of the meeting of the Greenwich Representative Town Meeting that none of the $690,000.00 be spent until a final decision has been made by the R.T.M. as to whether there will be any additional tiered parking at all in downtown Greenwich."
.
The vote was now on Item No. 17.
In Favor - 101
Against - 39
Abstentions - 1
Item Carried
There being no further business, the Moderator adjourned the meeting, upon unanimous consent, at 12:55 A.M.
ATTEST:
CARMELLA C. BUDKINS
TOWN CLERK
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