Representative Town Meeting (RTM) Archive
Dates: September 23, 1998 - August 8, 2018

                            REPRESENTATIVE TOWN MEETING
2172010_85212_0.pngTOWN OF GREENWICH

EXPLANATORY COMMENTS FOR MARCH 2010 MEETING





ITEM NO.:                1
DEPARTMENT:     District 9 
CONTACT:             Betsey Frumin, Chairman    Work: (203) 622-0177    Home: (203) 531-7203    betsey@nacca.com
REFERRED TO:      Legislative & Rules Committee
VOTES:                     Board or commission name     vote (y/n/a)

RESOLVED, that section III. ORGANIZATION AND PROCEDURES of the Rules of the Representative Town Meeting be amended as follows (additions in bold, [deletions in brackets]):

A.  ELECTION OF OFFICERS

        3.  Voting procedure.  The Town Clerk or Assistant Town Clerk shall act as temporary chairman of the RTM until a Moderator is elected.  Nominations for the office of Moderator shall be made from the floor and seconded.  Voting for the office of Moderator shall be in accordance with the voting procedures for a record vote set forth in Section III, Subsection I. 4. of these Rules.  The Moderator shall be elected by a majority of members present and voting.  In the event that no candidate receives a majority of votes, the candidate with the least votes shall be eliminated and additional ballots taken as a run-off among the remaining candidates until one candidate receives a majority of votes.  After a Moderator has been elected, a Moderator Pro Tempore shall be elected under the same procedures.

I.  PROCEDURE AT MEETINGS

        4.  Voting Procedure

                b.  Where required by the Freedom of Information Act or upon a motion duly adopted, a record vote shall be taken by the district chairmen on a voting record card properly identified as to the subject being voted upon.  All members of the Representative Town Meeting, including, but not limited to, any officers of the Representative Town Meeting, shall vote in accordance with this section.  The vote may be taken in either of the following manners:
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                c. Upon completion of the poll, each district chairman shall deliver the record vote of his district to the Town Clerk, and upon such delivery the voting of the district shall be deemed closed.

FURTHER RESOLVED,  that these amendments take effect immediately upon approval of the Representative Town Meeting.
EXPLANATORY COMMENTS

The Rules of the Representative Town Meeting (the “RTM Rules”) guide the practices and procedures of the body. In the event of an ambiguity in the RTM Rules, it is directed that the RTM shall turn to the Robert’s Rules of Order (“Roberts’ Rules”) for clarification. Voting procedures of the RTM are codified in various sections of the RTM Rules, including Section III, Subsections A and I. Subsection A sets forth certain voting procedures specifically addressed to the election of RTM officers, and Subsection I sets forth the voting procedures that shall be undertaken in all matters before the RTM.

The amendments to the RTM Rules proposed in this resolution seek only to clarify how and when RTM members and officers may cast their votes (distinguishing the RTM voting procedure from the Robert’s “roll call” procedure), and to make voting among all RTM members uniform. These amendments only apply to record votes, and do not alter any other voting procedures. The amendments do not restrict any member from voting, but merely codify the procedure that must be followed for a record vote in the RTM. In addition, the amendments seek to clarify when votes must be cast, and when voting is deemed closed. With these amendments in place, all members (including RTM officers) will cast record votes with their districts, and voting for any district will be deemed closed when the district’s record vote is delivered to the Town Clerk (which is the current practice).

ITEM NO:                 2
DEPARTMENT:     Public Works                                    1002PW04
CONTACT:             Frank Petise, Sr. Civil Engineer           (203) 622-7860                          fpetise@greenwichct.org
                                  David P. Thompson, Deputy Commissioner        (203) 622-7740  dthompson@greenwichct.org
REFERRED TO:      Referred to Public Works Committee,   Referred to Finance Committee
VOTES:                     January 25, 2010 BET, 10-0-0

RESOLVED, that the sum of $45,000 be and the same is hereby appropriated to be added to Capital Account Number Z312-59620-26032, known as “Shore Road Bridge Rehabilitation”.
EXPLANATORY COMMENTS:

DPW is requesting interim funds in the amount of $45,000.00 to augment our existing capital budget for the Shore Road Bridge Rehabilitation project. In fiscal year 2005-2006, $300,000 was requested for the preliminary engineering and final design of the bridge. Unforeseen utility conditions and changes in CTDOT design requirements have resulted in the need for additional design funds. The additional funds will allow us to proceed with the execution and completion of the final design phase of this project.  The Shore Road Bridge has an estimated original construction date of 1905 and is listed on the Connecticut Historic Bridge Inventory. The bridge is structurally deficient and in poor condition.  As of December 2009, ConnDOT has increased the inspection frequency from 24 months to 12 months.  A preliminary estimate of the cost for reconstruction of the bridge is $1,250,000.
Project Background

  • Initial Budget: The initial appropriation request for the design funds was made in fiscal year 2005 – 2006.  The request of $300,000 was made based on the estimate at the time of the request.  At this time, the estimate for completion of the design phase is $345,000.
  • Additional Funding: As part of the preliminary engineering, borings were performed in the road in order to determine the existing foundation and subsurface soil characteristics.  In order to drill the borings safely, test pits were required to locate the utilities prior to drilling as a result of the large number of existing utilities in Shore Road. The size and number of these utilities were not known until a detailed survey was performed as part of the preliminary engineering phase and the utilities were marked out in the field. Due to the large number and the location of the utilities, Shore Road had to be closed to do the work. Additional costs were incurred to perform the test pits, develop detour plans and signage, and to pay for the police required during the period of the road closure.  
  • Hydraulic Report: Since the original design estimate in 2005, ConnDOT has increased the requirements for the hydraulic reports and permits. Additional engineering is now required to meet these new hydraulic reporting standards, resulting in an increase in the engineering fees for the project.
  • Bridge financing / reimbursement:  The Bridge is scheduled for rehabilitation and is being funded under the Federal Local Bridge Program. Through this program, 80% of the total project cost is being reimbursed to the Town. The Federal government is providing 80% of the funding and the Town will pay the remaining 20%.  Construction is scheduled to begin in the spring of  2012.
  • Current Shore Road capital accounts:  DPW is funding this project through Account No. Z312-59620-26032.
Original Appropriation
$300,000
Preliminary Engineering Costs
$108,000
Estimated Final Design Costs
$237,000
Total Preliminary and Final Design Costs
$345,000
Additional Appropriation Requested
$45,000
  • DPW has spent $108,000 on preliminary design to date.
  • The current estimate for completion of the final design is $237,000.
  • Total Interim Request: In summary, due to the additional geotechnical work and the increase in costs for the new CTDOT hydraulic reporting standards additional funding is required in the amount of  $45,000.

ITEM NO:                 3
DEPARTMENT:     Public Works                                    1002PW05
CONTACT:             Gabriella Circosta Cohee   (203) 861-3151  Civil Engineer                       gcohee@greenwichct.org   
                                  David P. Thompson, Deputy Commissioner      (203) 622-7740    dthompson@greenwichct.org
REFERRED TO:      Public Works Committee,       Finance Committee
VOTES:                    January 25, 2010 BET, 10-0-0

RESOLVED, that the sum of $1,458,764 be and the same is hereby appropriated to be added to Capital Account Number Z312-59600-219xx, to be known as “AARA Pavement Restoration Project”.
EXPLANATORY COMMENTS:

DPW is requesting interim funds in the amount of $1,458,764 to finance the American Recovery and Reinvestment Act Pavement Restoration project.  The Town of Greenwich has proposed a project to rehabilitate pavement on Brookside Drive, between Glenville Road and Field Point Road; Dearfield Drive, between Dearfield Lane and W Putnam Avenue; Prospect Street, between W Putnam Avenue and Railroad Avenue; Railroad Avenue, between Prospect Street and Arch Street; Horseneck Lane, between Prospect Street and Arch Street; Field Point Road, between Prospect Street and West Elm Street; and West Elm Street, between Field Point Road and Greenwich Avenue.  The Town is planning to mill, repair and resurface approximately 10,800 feet of roadway and replace the pavement markings.

This project is recommended for construction under the American Recovery and Reinvestment Act of 2009 administered by the Connecticut Department of Transportation.  It is in the final stage of design with final approval from ConnDOT expected in January 2010.  This interim funding is essential to move the project forward in accordance with CTDOT reimbursement program requirements.

Project Background

  • Project Financing / Reimbursement:  In order to take advantage of competitive bid pricing, it is recommended that the Town of Greenwich bid this project as soon as possible.  The Federal Highway Administration will provide 100% of the construction cost, up to $1,300,000, through the American Recovery and Reinvestment Act of 2009.  A total of approximately $80,700 is to be retained by the CTDOT for testing of materials, administrative oversight, audits and records examiners.  Therefore, the total allowable cost to be awarded to the Town of Greenwich is $1,219,300.  Based upon a preliminary assessment, the construction cost, including contingencies, extra work and incidentals, will be approximately $1,458,764.  The actual net cost at completion to the Town will be $239,464.
The cost breakdown is as follows:


ARRA Grant Money
ARRA Grant
$1,300,000
-Incidentals to be retained by ConnDOT
-$80,700
Total Allowable Cost to be Awarded to the Town
$1,219,300
Construction Costs
Actual Construction Cost
$1,102,284
Contingencies & Extra Work
Estimated
$125,000
Incidentals (Including inspection)
21% of Actual Construction Cost
$231,480
Total To Be Requested
$1,458,764
-Total to be reimbursed to the Town
-$1,219,300
Actual Cost to the Town
$239,464

  • Construction Schedule:  Construction is scheduled to begin in Spring 2010 and to be complete by Summer 2010.
  • Construction Administration:  In accordance with CTDOT program requirements, the Town must award the construction administration contract prior to awarding the construction contract.  The construction administration fee for this project is estimated at $54,000 and is included in the 21% incidentals portion of the total cost of the project.
  • Total interim request:  In summary, we are requesting funds to allow us to award both the construction administration and construction contracts.  
Interim Request

Construction  (Including Construction Administration)


$ 1,458,764


Note:  please recall this project is 83.58% funded;  The Actual Town net cost for this request will be $239,464.  Based on estimated total costs.




ITEM NO:                   4
DEPARTMENT:       RTM Health and Human Services Committee
CONTACT:                Karen Fassuliotis,   Chair, Health and Human Services Committee  (203)661-2013  
                                    karen.fassuliotis@greenwichct.org     Or Any Other Member of HHS
REFERRED TO:        Legislative & Rules Committee
VOTES:                       January 12, 2010 HHS Meeting, 11-0-0, District 2 absent

RESOLVED, that Appendix B, Description of Standing Committees, H. Health and Human Services, of the Appendix to Rules of the Representative Town Meeting be amended to read as follows:
(additions in bold, [deletions in brackets]):

E.      HEALTH AND HUMAN SERVICES COMMITTEE

Operational Responsibility:

  • Reviews areas relating to protection of the health and welfare of residents and environment of the Town, including:
  • availability of public health programs and social services
  • enforcement of health statutes and codes and ordinances
  • maintenance of environmental programs covering air and water quality as it relates to public health.
  • Reviews general effectiveness, efficiency and operations of The  Nathaniel Witherell.
  • Reviews [functioning] general effectiveness, efficiency and operations of the Greenwich Emergency Medical Service.
  • [Considers] Reviews affordable housing matters relating to health and human services.
  • [Maintains relationships with other environmental agencies and providers or users of health and social services].
  • Reviews operations of all departments and agencies within town government providing services to town residents in the areas of financial assistance, social services, housing or health care and disease prevention.  [Specific group categories are the aged, children and adolescents, families, the homeless, indigent, mentally ill and substance abusers.]
  • Studies the general effectiveness, [and] efficiency and operations of [the] Social Services, [and] Health Department[s], Commission on Aging, The Nathaniel Witherell, Greenwich Emergency Medical Services and their respective boards.
Budgetary Responsibility:
  • Reviews all appropriations and budgets for:
-       Department of Health and Department of Social Services, including all programs, divisions and personnel.
-       The Nathaniel Witherell
-       Greenwich Emergency Medical Service
-       Greenwich Community Development Program Funds
-       Commission on Aging

Overlapping Responsibility:

  • For [the] financial items over $50,000: with the Finance Committee;
  • For [the Senior Center and youth] programs within the purview of Health and Human Services at Town Civic Centers: with the Parks and Recreation Committee.
EXPLANATION

In 2009 the Moderator assembled a Special Committee to consider changes to the rules of the Representative Town Meeting (RTM).  The Special Committee issued a report of their recommendations to the RTM and asked the RTM to consider their recommendations at their September 2009 meeting (first reading) and their October 2009 meeting (second reading).  The October 2009 Call of the RTM, under item 11, contained recommendations by the Special Committee of amendments to that of Appendix B, Descriptions of the Standing Committees, of the Appendix to Rules of the Representative Town Meeting including that of the Health and Human Services.  Item 11 was postponed indefinitely by unanimous vote of the RTM members at the October 2009 meeting.

The Health and Human Services, at its meeting in January 2010, revisited the Special Committee’s recommendations for amendments to the Descriptions of the Standing Committees, as it relates to E. HEALTH AND HUMAN SERVICES COMMITTEE.  The amendments below with respect to the Health and Human Services Committee are the amendments that have been recommended by the Health and Human Services Committee members for inclusion in the March 2010 call for consideration by the full body of the RTM.  If approved by the RTM body this section of Appendix B to the Rules of the Representative Town Meeting would be amended as follows:

Note:  Deletions are found in brackets and are crossed out; additions are found in bold.

            To consider and act upon the following resolution offered by the Health and Human Services Committee:

RESOLVED, that Appendix B, Description of Standing Committees, H. Health and Human Services, of the Appendix to Rules of the Representative Town Meeting be amended to read as follows:


E.      HEALTH AND HUMAN SERVICES COMMITTEE

Operational Responsibility:

  • Reviews areas relating to protection of the health and welfare of residents and environment of the Town, including:
  • availability of public health programs and social services
  • enforcement of health statutes and codes and ordinances
  • maintenance of environmental programs covering air and water quality as it relates to public health.
  • Reviews general effectiveness, efficiency and operations of The Nathaniel Witherell.
  • Reviews [functioning] general effectiveness, efficiency and operations of the Greenwich Emergency Medical Service.
  • [Considers] Reviews affordable housing matters relating to health and human services.
  • [Maintains relationships with other environmental agencies and providers or users of health and social services].
  • Reviews operations of all departments and agencies within town government providing services to town residents in the areas of financial assistance, social services, housing or health care and disease prevention.  [Specific group categories are the aged, children and adolescents, families, the homeless, indigent, mentally ill and substance abusers.]
  • Studies the general effectiveness, [and] efficiency and operations of [the] Social Services, [and] Health Department[s], Commission on Aging, The Nathaniel Witherell, Greenwich Emergency Medical Services and their respective boards.
Budgetary Responsibility:
  • Reviews all appropriations and budgets for:
  • Department of Health and Department of Social Services, including all programs, divisions and personnel.
  • The Nathaniel Witherell
  • Greenwich Emergency Medical Service
  • Greenwich Community Development Program Funds
  • Commission on Aging
Overlapping Responsibility:
  • For [the] financial items over $50,000: with the Finance Committee;
  • For [the Senior Center and youth] programs within the purview of Health and Human Services at Town Civic Centers: with the Parks and Recreation Committee.


ITEM NO.                   5
DEPARTMENT:       Department of Public Works
CONTACT:               Amy Siebert, Commissioner of Public Works, 622-7740 asiebert@greenwichct.org
John McKee, Superintendent, Waste Division, 869-6910
Eugene F. McLaughlin, Assistant Town Attorney, 622-7876
REFERRED TO:        Legislative & Rules Committee,      Public Works Committee
VOTES:  
       
RESOLVED, that Chapter 9 of the Town Code, REFUSE, be amended as follows to WASTE AND LITTER.

CHAPTER 9.  WASTE AND LITTER [REFUSE].

ARTICLE 1. WASTE COLLECTION AND [REFUSE AND GARBAGE] DISPOSAL.

Sec. 9-1. Definitions.

(a) As used in this article [chapter]:

(1)     Acceptable solid waste shall mean unwanted or discarded materials, garbage and refuse that the town is permitted by the state to collect, store and transport from the town disposal area to resource recovery combustion facilities or landfills that are licensed to accept municipal solid waste but shall not include recyclable materials, bulky waste or hazardous waste.  

(2)[(1)] Approved containers shall mean covered, watertight containers.

 (3)[(2)] Approved vehicles shall mean a conveyance equipped with fully enclosed metal bodies of the type designed and maintained to promote the absence of leakage or spillage and approved by the Superintendent [Director of Health].

[(3) Combustible refuse shall mean paper, cartons, rags, old clothes, small pieces of wood, leather and metal containers of not over one (1) quart's capacity.]

(4)     Bulky waste shall mean land clearing, demolition and construction debris, discarded machinery and equipment, and other unwanted materials that cannot be feasibly disposed of at resource recovery combustion facilities and landfills as acceptable solid waste because of size or non-combustibility but which can be disposed of at specially permitted and available landfills as determined by the Superintendent.  

(5)     Commissioner shall mean the Commissioner of Public Works or by the designation of the Commissioner the Deputy Commissioner of Public Works.

(6) [(4)] Garbage shall mean every accumulation of animal, vegetable or other putrescible matter including that attend[s]ing the preparation, consumption, decay, dealing in or storage of meats, fish, fowl, birds, fruit, vegetables, beverages or other edibles, including the [cans,] non-recyclable materials of containers or wrappers disposed of along with such materials.

(7) Hazardous waste shall mean pathological and biomedical discarded items, sewage sludge, gunpowder, dynamite, cartridges, shells, gasoline, naphtha, benzene, ether and other refuse materials that have flammable, explosive, corrosive, toxic , infectious or reactive characteristics that when present in significant quantities require special handling for collection, transport and disposal in accordance with applicable state or federal law.

(8) Recyclable materials shall mean the materials defined in Sections 8A-2 and 8A-3 of the Code.

(9)     Superintendent shall mean the Superintendent of the Department of Public Works Recycling, Waste Collection and Disposal Division.

[(5) Waste material shall mean bricks, plaster, furniture and all other noncombustible refuse which has been discarded.]

(Ords. & Reg., § 2-11.1, 2/1/1940.)

Sec. 9-2. Accumulation prohibited.

The accumulation of acceptable solid waste [garbage, combustible refuse] or waste material of any kind not otherwise provided for in this chapter except in approved containers is prohibited.
(Ords. & Reg., § 2-11.2, 2/1/40.)

Sec. 9-3. [Garbage and refuse] S[s]torage containers.

Acceptable solid waste [Garbage and combustible refuse] shall be stored in approved containers. All garbage shall be drained and wrapped [in paper] before it is placed in the containers. The containers shall be kept in a clean and sanitary condition.
(Ords. & Reg., § 2-11.3, 2/1/40.)

Sec. 9-4. [Garbage and refuse] C[c]ollection.

All acceptable solid waste [With the exception of recyclables as defined in Section 8A-2 of the Greenwich Municipal Code, all garbage and refuse, in approved containers,] shall be removed in approved containers or approved vehicles at least once a week unless more frequently [otherwise] required by the Superintendent or Director of Health.
(Ords. & Reg., § 2-11.4, 2/1/1940; 8/26/1991.)

Sec. 9-5. Transport and disposal [Incineration] required; [permit; exceptions].

[(a)] All acceptable solid waste [garbage and refuse] shall be transported to the town disposal area. All bulky waste [material] shall be loaded and transported to any place as directed and designated by the Superintendent [Director of Health].

[(b) The Director of Health may in special instances grant permits for the disposal of garbage and combustible refuse by burial or incineration upon the premises where it originates. The Director of Health may in special instances grant permits for installation and maintenance of garbage grinders for the disposal of garbage into a septic tank.]
(Ords. & Reg., § 2-11.5, 2/1/40.)

Sec. 9-6. Delivery from outside town.

No acceptable solid waste, bulky waste or hazardous waste [garbage, combustible refuse or waste materials] shall be transported for disposal into the town from any place beyond the limits of the town[.] unless otherwise approved in writing by the Commissioner as part of a reciprocal municipal cooperative aid agreement.  
(Ords. & Reg., § 2-11.7, 2/1/40.)

Sec. 9-7. License to transport; application.

(a) No person shall engage in the business of transporting acceptable solid waste to the town disposal area [garbage, combustible refuse or waste material] without having a valid license from the Superintendent [Director of Health] and without using an approved vehicle.

(b) The application for a license valid for one (1) year shall be on a form furnished by the Superintendent [Director of Health].
(Ords. & Regs., §§ 2-11.9.1, 2-11.9.2, 2/1/1940.)

Sec. 9-8. License revocation; hearing.

(a) The Commissioner [Board of Health] shall have the power to revoke the license of any waste [refuse] collector found not to be operating in compliance with the provisions of this Code.

(b) No order of revocation shall be made except after a hearing. When a license has been revoked another license shall not be issued except with the approval of the Commissioner [Board of Health].
(Ords. & Reg., § 2-11.9.3, 2/1/1940.)

Sec. 9-9. Approved [Refuse] vehicles; numbers; maintenance.

(a) Every approved vehicle of a licensed waste [refuse] collector under these regulations shall have conspicuously displayed on each side a number issued by the Superintendent [Director of Health].

(b) Every approved vehicle used in the transportation of waste [refuse] shall be kept in a sanitary condition.
(Ords. & Reg., §§ 2-11.9.4, 2-11.9.5, 2/1/1940.)

Sec. 9-10. Delivery of acceptable solid waste [refuse].

All acceptable solid waste [garbage and combustible refuse] shall be promptly delivered at the town disposal area [incineration plant] on the same day that it is placed into the approved vehicle [truck].
(Ords. & Reg., § 2-11.9.6., 2/1/1940.)

Sec. 9-11. Prohibited substances.

No hazardous waste [gunpowder, dynamite, cartridge, shell, gasoline, naphtha, benzine, ether or any other explosive or similarly dangerous substances or material] shall be cast into any approved container or transported as acceptable solid waste to the town disposal area [incinerator].  The Superintendent may adopt procedures for the acceptance of specific items of hazardous waste at specific areas of the town disposal area or direct their delivery to designated facilities to be handled and disposed of in accordance with state and federal law.     
(Ords. & Reg., § 2-11.6, 2/1/1940.)

Sec. 9-11.1.  Penalty; appeal; hearing

(a)     For dumping more than one cubic foot in volume of waste in violation of the provisions of this article the Superintendent may impose civil penalty fines of up to (i) one thousand dollars ($1,000) for a first violation, two thousand five hundred dollars ($2,500) for a second violation and ten thousand dollars ($10,000) for each subsequent violation by a commercial waste collector and (ii) one hundred dollars ($100) for a first violation, two hundred fifty dollars ($250) for a second violation and one thousand dollars ($1,000) for each subsequent violation by any other person.
(b)     For any other violation of this article the Superintendent may impose civil penalty fines of up to two hundred fifty dollars ($250), with each day of violation constituting grounds for a separate fine.  
(c) Fines shall be payable to the town and may be appealed within ten days to the Commissioner who shall conduct a hearing and render a decision thereon.


ARTICLE 2. LITTER.

Sec. 9-12. Definitions.

(a) As used in this [A]article:

(1) Authorized Private Receptacle shall mean a litter storage and collection receptacle as required and authorized by the town [in the Refuse Ordinance of the Town Sanitary Code].

    (2) Garbage shall mean and include all putrescible wastes, including vegetable and animal [offal and carcasses of dead animals, but not sewage and body wastes] remnants.

(3)     Handbill shall mean any advertisement, sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature.

(4) Landscape Debris shall mean yard waste in accumulations that create a   hazard but shall not include during the fall the placement of leaves alongside streets contiguous to one’s property for pickup as designated by the town.

(5) [(3)] Litter shall mean garbage, landscape debris and/or rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a nuisance or danger to public health, safety and welfare.

(6) [(4)] Park shall mean a park, reservation, playground, beach, recreation center or any other public area in the town, owned or used by the town and devoted to active or passive recreation.

(7) [(5)] Public Place is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

(8) [(6)] Rubbish shall mean and include all nonputrescible waste materials [(except ashes)], including but not limited to paper, cardboard, tin cans, wood, glass, bedding, crockery, refrigerators, junk automobiles, demolition material, tree limbs and industry wastes.

(9) [(7)] Vehicle shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway or sidewalk, including devices used exclusively upon stationary rails or tracks.

[(8) Handbill shall mean any advertisement, sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature.]

(10)Yard Waste shall mean branches, brush, leaves, grass clippings, sod, crops, mulch and wood chips.  
        
(Ords. & Reg., § 2-11.8; as amended 11/10/1971; RTM 6/10/1991.)

Sec. 9-13. Litter in public places; use of receptacles.

No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the town except in public receptacles, in authorized private receptacles for collection or in official town disposal areas.
(Ords. & Reg., § 2-11.8; as amended 11/10/1971.)

Sec. 9-14. Manner of placing litter in receptacles.

Persons placing litter in public receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
(Ords. & Reg., § 2-11.8; as amended 11/10/1971.)

Sec. 9-15. Sweeping litter into gutters prohibited.

(a) No person shall sweep into or deposit in any gutter, street or other public place within the town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.

(b) Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
(Ords. & Reg., § 2-11.8; as amended 11/10/1971.)

Sec. 9-16. Throwing litter from vehicle.

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the town or upon private property.
(Ords. & Reg., § 2-11.8; as amended 11/10/1971.)

Sec. 9-17. Transporting litter; trucks to be covered.

No person shall drive or move any truck or other vehicle within the town unless such vehicle is so constructed, covered or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
(Ords. & Reg., § 2-11.8; as amended 11/10/1971.)

Sec. 9-18. Depositing litter in water prohibited.

No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other public body of water in the town.
(Ords. & Reg., § 2-11.8; as amended 11/10/1971.)

Sec. 9-19. Littering occupied private property.

No person shall throw or deposit litter on any occupied, open or vacant private property within the town, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for litter collection or recycling areas for yard waste in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
(Ords. & Reg., § 2-11.8; as amended 11/10/1971.)

Sec. 9-20. Owner to maintain premises free of litter.

(a) The owner or person in control of any private property shall at all times maintain the premises free of litter.

(b) This section shall not prohibit on private property the storage of litter in authorized private receptacles for collection, [or] prevent the storage of wood, [or branches] or the recycling of yard waste [on the owner's premises] that does not constitute a nuisance to neighbors' properties or any public place.
(Ords. & Reg., § 2-11.8; as amended 11/10/1971.)

[Sec. 9-21. Depositing litter on vacant property.

No person shall throw or deposit litter on any open or vacant private property within the town whether owned by such person or not.
(Ords. & Reg., § 2-11.8; as amended 11/10/1971.)]

Sec. 9-21.[1.] Placing handbills on vehicles.

(a) Purpose. The public interest, convenience and necessity require regulating the placement upon vehicles of handbills, to protect the people against litter and the detriment and danger to public health and safety incident to such placement. To that end, the purposes of this section are specifically declared to be as follows:

(1) To protect the people against the health and safety menace and the expense incident to the littering of the streets and public places by the placement of handbills on vehicles.

(2) To preserve to the people their constitutional right to receive and disseminate information by delivering handbills to all who are willing to receive the same.

(b) No person, organization, association or business shall distribute, deposit or throw or cause the distribution, deposit or throwing of any handbill in or upon any vehicle in any public place. The provisions of this section shall not prohibit a person, organization, association or business from handing, transmitting or distributing, without charge to the receiver thereof, a handbill to the owner or other occupant of any vehicle who is willing to accept it.
(RTM 6/10/1991.)

Sec. 9-22.[21.2.] Severability.

If any subsection, paragraph, sentence, clause or phrase of this section should be declared invalid by a court of competent jurisdiction, for any reason whatsoever, such decision shall not affect the remaining portions of this section, which shall remain in full force and effect, and to this end the provisions of this section are hereby declared severable.
(RTM 6/10/1991.)

[ARTICLE 3. VIOLATIONS]

Sec. 9-23[2]. Penalty.

Any person violating any of the provisions of this article [chapter] shall, upon conviction, be fined not more than two hundred fifty dollars ($250).[one hundred dollars ($100.)]

ARTICLE 3. BOARD OF HEALTH; DIRECTOR OF HEALTH

Sec. 9-24.
 
     Nothing in this chapter shall be construed to limit the power of the Board of Health or the Director of Health as it relates to public health.

Additions bold
Deletions in [brackets]

EXPLANATORY COMMENTS

The above captioned item was referred back to the Legislative and Rules Committee at the September 21, 2009 Representative Town Meeting to address questions about the application and enforcement of the litter article of the ordinance to leaves.  As a result of the referral, the Committee has approved revisions that prevent as litter, hazardous accumulations of leaves.  This prohibition, however, does not include as litter yard composting or the fall placement of leaves alongside streets contiguous to one’s property for pickup as designated by the town.

New definitions have been added to the definitions section of the Article 2 Litter ordinance.  Section 9-12(10) Yard Waste (which includes leaves) does not become section 9-12(4) Landscape Debris until it creates a hazard.  Section 9-12(5) Litter, which is prohibited, includes hazardous landscape debris but does not include the fall leaf pickup referenced above.

Under Section 9-13 litter is not to be thrown or deposited into a public place which includes town parks.  Under Section 9-15 litter is also not to be swept into any gutter or street.

These clarifying revisions are intended to prevent hazardous accumulation of landscape debris along with other types of litter.  Consequently leaves that are not being recycled as part of the fall leaf pickup or yard composting that a landscaper is instead blowing or sweeping out into the street as landscape debris and creating a danger to safety would be littering.

Such littering into the street would be enforced by the police department with the fine up to $250 being payable as either an infraction or violation, depending on the amount, to the Centralized Infractions Bureau of the Superior Court pursuant to General Statutes Sections 51-164p and 51-164n.  This litter enforcement is contrasted to Article 1 Waste Collection Disposal Section 9-11.1, violations enforcement, for which the Superintendent of the Department of Public Works Waste Disposal Division may impose civil penalty fines under General Statutes Sections 7-148(c)(7),(10), 22a-226d and 22a-220a which are payable to the town and which are appealable to the Commissioner of Public Works.

Should any waste or litter situation be such as to be a hazard to the public health, the Board of Health and Director of Health also have the power to enforce such violations of the Public Health Code under the Town Charter and General Statutes Sections 19a-36 and 19a-207 which is why Article 3 of the proposed revised ordinance states that the ordinance does not restrict the powers of those officers relating to the public health.

The main thrust of the proposed Chapter 9 Waste and Litter ordinance revision is to update the prior Chapter 9 Refuse provisions to provide more modern working definitions in the area of solid waste disposal and increase fines to deal with violations including the prohibited dumping of out-of-town refuse.

The prior provisions of the 1940 Chapter 9, Article 1 refuse and garbage disposal  ordinance revolved around what could be burned at the old town incinerator.  The new provisions of the waste collection and disposal ordinance deal with (1) what is acceptable solid waste under resource recovery facility and land fill requirements to which the town’s solid waste is sent by contract, (2) bulky waste, which generally cannot be burned, and (3) hazardous waste.

Waste Section 9-11 Prohibited Substances has been amended to prohibit the delivery of hazardous waste to the transfer station as acceptable solid waste except as may be directed according to procedures adopted by the Superintendent for acceptance at that facility or delivery elsewhere for special handling and disposal in accordance with state and federal law.

The new section 9-11.1 increases the amount of fines for illegal dumping by a commercial collector up to $1,000 for a first offense which can increase up to $10,000 for subsequent violations.  Representatives before the Committee from the Department of Public Works, the Audit Committee of the Board of Estimate and Taxation and the Town Administrator expressed that these provisions needed to be strengthened in order that illegal out-of-town dumping could be effectively addressed since the town is under a new solid waste disposal contract that no longer has a minimum commitment to deliver waste to a disposal facility.  Penalties for violations by other persons have also been increased but not as significantly.


ITEM NO:                 6
DEPARTMENT:     Appointments Committee
CONTACT:             Christopher von Keyserling 203-869-0282    cvonkey@gmail.com
REFERRED TO:      Appointments Committee,               Land Use Committee      
VOTES:                    Appointments Committee        10-0-2

RESOLVED, that the following named persons, nominated by the RTM Appointments Committee, be appointed as members of the Condemnation Commission for a term expiring 3/31/12.

GORDON A. ENNIS

EXPLANATORY COMMENTS

GORDON A. ENNIS:  Mr. Ennis joined the Condemnation Commission in 2008 and currently serves as its Secretary.  He served thirty-two years in the US Army Reserve, retiring with the rank of Major (Rtd.).  His professional career is focused in the insurance and financial industries as CFO and CEO of several firms, and he is presently Managing Partner of Northwestern Mutual Financial Network / Ennis Associates, LLC. These positions require great skill with financial concepts, annual and strategic planning, budgeting and resource allocation, leadership, integrity, compliance and corporate government.  He has held various public positions such as Judge of Elections and political advisor.  In 2004, Mr. Ennis joined the RTM in District 8 and is currently serving as Chair of the RTM Finance Committee.  He is a member of the Greenwich Chamber of Commerce, recently as its President, and has served as Chairman of the Government Affairs and Community Relations Committee, and is now Vice Chairman of the Board.   The resume submitted by Mr. Ennis is available for review on-line.   


ITEM NO:                 7
DEPARTMENT:     Appointments Committee
CONTACT:             Christopher von Keyserling 203-869-0282    cvonkey@gmail.com
REFERRED TO:     Appointments Committee,        Land Use Committee      
VOTES:                    Appointments Committee        10-0-2

RESOLVED, that the following named persons, nominated by the RTM Appointments Committee, be appointed as members of the Condemnation Commission for a term expiring 3/31/12.

RICHARD F. KRAL, JR.

EXPLANATORY COMMENTS

RICHARD F. KRAL, JR.:  Mr. Kral joined the Condemnation Commission in 2008.  He has been a member of the RTM in District 8 for twelve years, four of which he served as the District Chair.  On the RTM, he has been involved with the Transportation and Public Works Committees, and the Moderator’s Special Committee for the CIP and POCD. He is a seven year member of the Greenwich Shellfish Committee and has served as Shellfish Warden; a member of the Board of Parks & Recreation’s Harbor Management Sub-committee. Mr. Kral built, owns and operates the Greenwich Water Club and Beacon Point Marine in Cos Cob.  He has degrees in engineering and business management.  By accomplishing a passage through all the levels of town, state, and federal permit approvals for the marine complex, he has mastered the complicated interlock of jurisdictional regulation.  Through his experiences, including the construction of the waterfront marine complex, he has gained considerable knowledge in all phases of sophisticated, modern construction technology, especially dealing with water and drainage construction.   Mr. Kral is Co-Chair of the Greenwich High School Sports Foundation responsible for Stadium upgrades, lights, and new athletic fields.~ He is also involved with the Greenwich Youth flag football and baseball programs where he coaches.  Mr. Kral is a member of the Greenwich Chamber of Commerce Board of Directors.  He is unaffiliated with any political party.  The resume submitted by Mr. Kral is available for review on-line.    


ITEM NO:                 8
DEPARTMENT:     Appointments Committee
CONTACT:             Christopher von Keyserling 203-869-0282    cvonkey@gmail.com
REFERRED TO:     Appointments Committee,        Land Use Committee      
VOTES:                    Appointments Committee        10-0-2

RESOLVED, that the following named persons, nominated by the RTM Appointments Committee, be appointed as members of the Condemnation Commission for a term expiring 3/31/12.

JOSEPH A. RICCIARDI, SR.

EXPLANATORY COMMENTS

JOSEPH A. RICCIARDI, SR .:  Mr. Ricciardi has been a member of the Condemnation Commission for the past six years.  He is the Owner President of Riccardi Bros., Inc., a construction company in town since 1960.  His Company acts as a site sub-contractor in heavy construction projects or as general contractors.  His Company has done sewer repairs and sewer lines for the Town of Greenwich, as well as gas, water and electric lines for local utility companies.  Mr. Ricciardi was on the RTM from 1990 to 2002 and served on the Education, Public Works, and Appointments Committees.  He is actively involved in the Chickahominy Reunion Association and the Redman Mayn Mayano in providing scholarships for Greenwich High School graduates.  Mr. Ricciardi is a Greenwich High School graduate himself (1949), and served in the Military from 1950 to 1952.  He is affiliated with the Republican party.   The resume submitted by Mr. Ricciardi is available for review on-line.    


ITEM NO:                 9
DEPARTMENT:     Appointments Committee
CONTACT:              Christopher von Keyserling        203-869-0282    cvonkey@gmail.com
REFERRED TO:      Appointments Committee,       Land Use Committee      
VOTES:                     Appointments Committee       10-0-2

RESOLVED, that the following named persons, nominated by the RTM Appointments Committee, be appointed as members of the Condemnation Commission for a term expiring 3/31/12.

NEIL P. RITTER

EXPLANATORY COMMENTS

NEIL P. RITTER:  Mr. Ritter joined the Condemnation Commission in 2001 and is the current Chair.  He is an Attorney, admitted to practice in New York since 1983.  He is Vice President and General Counsel to Classic Realty LLC, a full service real estate asset management firm based in New York City.  During his tenure with the Commission, he was also a member of the District 9 delegation to the RTM for a portion thereof.  He is a founding member of the Western Greenwich Civic Center Foundation, the not for profit foundation created to assist in the restoration and rehabilitation of that Town owned facility. ~Mr. Ritter has also volunteered at GCTV, the Town's Public Access cable program which appears on Cablevision channel 79.  He is unaffiliated with any political party.  The resume submitted by Mr. Ritter is available for review line.  


ITEM NO:                10
DEPARTMENT:     Appointments Committee
CONTACT:             Christopher von Keyserling 203-869-0282    cvonkey@gmail.com
REFERRED TO:     Appointments Committee,        Land Use Committee      
VOTES:                    Appointments Committee        10-0-2

RESOLVED, that the following named persons, nominated by the RTM Appointments Committee, be appointed as members of the Condemnation Commission for a term expiring 3/31/12.

GREGORY W. SCHULTE

EXPLANATORY COMMENTS

GREGORY W. SCHULTE:  Mr. Schulte is a member of the RTM in District 12, and serves on the RTM Parks and Recreation Committee.  Mr. Schulte attended the United States Military Academy at West Point and was awarded a full cadet scholarship.  Upon earning an undergraduate degree in Accounting, Mr. Schulte served in the United States Army Reserves and was a First Lieutenant, Platoon Leader for the 439th Petroleum Supply Company in Operation Desert Storm.  Mr. Schulte is a Certified Public Accountant (CPA) and also holds a Masters of Business Administration (MBA) in Finance and Marketing, with a concentration in International Business.  He is currently the Corporate Controller for Anvil Knitwear, Inc., an international manufacturing company located in New York City.  He is actively involved in a number of youth sports programs, including the North Mianus Bulldogs Youth Football Organization where he recently served as its President for the past five years.  Mr. Schulte is affiliated with the Democratic party.      The resume submitted by Mr. Schulte is available for review on-line.
      

ITEM NO:                      11
DEPARTMENT:          RTM District 12
CONTACT:                   Bob May              (203) 637-2871  RTMay@.aol.com
REFERRED TO:           Education, Health & Human Services, Land Use and Legislative & Rules Committees
VOTES:                         RTM District 12  21-0-0


SENSE OF MEETING RESOLUTION
WHEREAS, T-Mobile USA is proposing to build a wireless telecommunications facility, comprised of an estimated 100-foot structure, at 328 Palmer Hill Road, this location being 230 feet from North Mianus Elementary School, a school with 454 Kindergarten to Fifth Grade students plus staff, 160 feet from the North Mianus School Kindergarten playground, and 600 feet from the Bridges Pre-School which will be opening in the fall of 2010 with 50-70 students from two to five years old plus staff; and

WHEREAS, serious concerns exist about the effects of constant exposure to electromagnetic radiation from wireless telecommunications structures, specifically the negative impact on the health of children and adults within a 1,500 foot radius; and

WHEREAS, there are numerous documented instances of wireless telecommunications structures falling or otherwise suffering catastrophic damage that poses an unacceptable risk to children and adults in the fall zone of the structure and surrounding area; and

 WHEREAS, the health and safety of our children is of the highest priority relative to other concerns; and

WHEREAS, the Greenwich Board of Education has consistently stated that it opposes similar wireless telecommunications structures on its properties, adjacent properties or in close proximity to such properties; and

WHEREAS, property values may be degraded by wireless telecommunications structures in denser residential neighborhoods due to the negative perception over health concerns and community aesthetics; and

WHEREAS, a wireless telecommunications structure next to a school such as North Mianus School negatively affects the perception, desirability and, therefore, property values of the entire school district; and

WHEREAS, the Town of Greenwich’s Grand List is based on the accumulation of property values, the wireless telecommunication structure could result in shifting a proportion of the Grand List and related tax burden to the remaining areas of the Town of Greenwich;

NOW THEREFORE, we, the members of the Representative Town Meeting of the Town of Greenwich, hereby resolve that wireless telecommunications structures not be constructed within 1,500 feet of any school located in the Town of Greenwich.

EXPLANATORY COMMENTS

On May 1, 2009 T-Mobile USA (“T-Mobile,” a subsidiary of Deutsche Telekom AG) served notice to the Town of Greenwich (through the First Selectman’s office) to site a wireless telecommunications facility at 328 Palmer Hill Road in Riverside.  Application FSP-TELE #3921 is to construct an 80 foot antenna (monopole structure) and a 1,064 square foot ground lease area for the associated ground equipment on a 0.9 acre property split between the LBR-1 and R-12 zones.  The proposed site’s location is immediately adjacent to the North Mianus Elementary School (230 feet setback, 160 feet setback from the Kindergarten playground) and Bridges Pre-School (600 feet setback) in a densely populated residential neighborhood.

This event began the formal public notification process and the application was then referred to the Planning & Zoning Commission for public meeting and comment.  On or about May 27, 2009 neighbors and parents of the North Mianus School and surrounding area were alerted to this application and realized that while this issue did not hit home when it previously impacted Parkway and New Lebanon Schools, among others, it was now in their school yard.  The application galvanized the North Mianus School community as they immediately began mobilizing in opposition by meeting, circulating petitions and conducting extensive research.  Throughout this process, their opposition has not only been aimed at protecting the children of North Mianus School, but also protecting the children of any school in the Town of Greenwich from similar structures that are certain to be proposed in the future.

Local and state officials, friends, neighbors, and school children all made personal and public appeals to the owner of 328 Palmer Hill Road (Mr. Fred N. Durante, Jr.).  In the following month, as T-Mobile commenced the application process, the efforts of this group of concerned citizens formed an opposition both in form (legally acceptable arguments) and substance (a large numbers of North Mianus School parents and supporters present at the June 9, 2009 Planning & Zoning Commission public meeting).  

At a subsequent public hearing on June 23, 2009 a neighborhood coalition presented a well-researched, factual analysis of T-Mobile’s plans and why they were inappropriate for this location.  While T-Mobile rebutted all points, the Planning & Zoning Commission issued the following statement on June 29, 2009 (note the Federal Telecommunication Act of 1996 severely limits the ability of petitioners to argue safety as a reason for not siting a wireless telecommunications facility):

“Whereas the Commission finds that the site is inappropriate because of its location in a densely populated residential area in a prominent location in the heart of the North Mianus community between two heavily populated ridges, essentially making the tower a beacon in the neighborhood resulting in a severe visual impact particularly to the properties built on land uphill form the site; and

Whereas the Commission further finds that the site is inappropriate because it is approximately 160 feet from the North Mianus Elementary School property line and approximately 230 feet from the school building, which is attended by approximately 460 children.  Additionally, the Bridges School, a preschool currently under construction with an estimated completion date of early 2010 and an estimated enrollment of approximately 50-70 children, is located approximately 650 feet from the proposed tower; and

Whereas the Commission also notes very strong opposition from the community for not only the visual impacts but also the stigma associated with telecommunication facilities near to Elementary Schools that they fear will negatively impact property values; and

Whereas the Commission notes comments from Susan Wallerstein, Assistant Superintendent of Greenwich Schools, stating that the Chairman of the Board of Education asked her to state that the school system has consistently opposed installations such as this on any property adjacent to or in close proximity to any of the school system’s facilities

Therefore, it is resolved that it is the unanimous vote of the Planning and Zoning Commission of the Town of Greenwich to recommend to the Siting Council that the applicant find a new location that has significantly less impact on adjoining property owners and the surrounding neighborhood.”

T-Mobile agreed at the June 23, 2009 meeting to meet with the First Selectman and town representatives to explore alternative locations at a meeting that occurred in early July between T-Mobile and representatives of the town worked to carry out the mandate of the Planning & Zoning commission.  Attorney General Richard Blumenthal (see the attached letters from the Attorney General as well as Lieutenant Governor Michael Fedele), State Senator Scott Franz, State Representative Fred Camillo, First Selectman Peter Tesei, Selectman Lin Lavery, the Greenwich Board of Education, the Greenwich PTA Council and numerous neighborhood associations met to identify alternate locations for the T-Mobile wireless telecommunications facility.  

The North Mianus neighborhood opposition group continued to research the situation and learned that the best way to avoid placement of a wireless telecommunications facility was to offer viable alternatives, that the Connecticut Siting Council (which has ultimate say over the approval or denial of an application) approves 96% applications it receives and that the Telecommunications Act of 1996 virtually affords cell companies carte blanche to place towers where they desire, as long as they can show “a greater good” will be served.  

For the benefit of the children affected by these current and inevitable future sitings, the District 12 RTM delegation has approved and is proposing that the full Representative Town Meeting of the Town of Greenwich approve this resolution whose concept has been supported by the First Selectman, the Planning & Zoning Commission, the Town of Greenwich’s Connecticut State Senators and Representatives (including a bill being co-sponsored by Greenwich’s State Representatives and Senators to ban wireless telecommunications facilities in proximity of schools) and members of the Connecticut state executive branch.


ITEM NO.:                12
DEPARTMENT:     Parks and Recreation Department 1003PR02
CONTACT:             Joseph Siciliano 203.622.6472 jsiciliano@greenwichct.org
REFERRED TO:      Finance and Parks & Recreation Committees
VOTES:  

RESOLVED that the RTM accept a gift in an amount equal to the actual cost, not to exceed $750,000, from the Greenwich Point Conservancy, to complete full restoration of the interior space and startup at the Innis Arden Cottage (Queen Anne Building) located at Greenwich Point for use as an Environmental Education Facility.

FURTHER RESOLVED that the aforementioned gift will be funded by the Greenwich Point Conservancy upon approvals by the Commissioner of Public Works and the Director of Parks and Recreation to properly execute the restoration.

EXPLANATORY COMMENTS

This gift funds the third and final phase for the restoration of the Innis Arden Cottage (Queen Anne Building) with gifts for all three phases provided to the Town of Greenwich by the Greenwich Point Conservancy.   

The first phase completed in 2006 included roof replacement with historically correct cedar shingles, restoration of the second floor dormers to their original design and replacement of the second floor windows with new windows made in the style of the originals.

The second phase recently completed included restoring and completing the exterior of the Cottage, rebuilding the foundation, installing historically correct new first floor windows, new siding, new doors, replacement of the porches (in the original design) on the east and west of the building, adding an entrance for individuals with disabilities and the installation of new electrical service.

This third and final phase will include the full restoration of the interior space for use as an Environmental Education Facility.  This is made up of a laboratory and research space, public lecture and meeting space, exhibit display space, and record storage.  Improvements to the Cottage will comprise of a new HVAC system, new plumbing and bathrooms, new electrical wiring, and a lift for individuals with disabilities.  Also included are exterior storage space for materials to be used “in the field” for shell fishing and other educational activities.   The Greenwich Point Conservancy is seeking Platinum LEED certification as an Environmental Education Center, targeting zero net energy use (it will have geothermal, wind, and solar energy production on site) and self-sustainable from and energy perspective upon completion.
The Operating Plan for the Innis Arden Cottage Environmental Education Facility can be found in the NEWS section of the Department of Parks and Recreation page on the town website. Go to the following link for the webpage:



ITEM NO.:                13
DEPARTMENT:     Parks and Recreation Department 1003PR01
CONTACT:             Bruce Spaman   203.622.7824 bspaman@greenwichct.org
REFERRED TO:      Parks & Recreation Committee
VOTES:                     Board of Parks and Recreation 8-0-0

RESOLVED that the Department of Parks and Recreation accept a gift valued at $30,000 from the Green Fingers Garden Club for the renovation of the area around the ferry boat landing.

EXPLANATORY COMMENTS

The Green Fingers Garden Club has gifted several projects in the area of the Ferry Dock over the past 20 years. Beginning in 1990 and again in 2002, they have gifted projects that have greatly enhanced the Ferry Dock— a plaza and walkways constructed with decorative pavers, a masonry retaining/sitting wall, site amenities and decorative plantings.
This time, in 2010, the Green Fingers Garden Club proposes to replace the chain link fence which encloses the harbor at the Ferry Dock with a 48 inch tall powder coated aluminum fence. The new fence will be “bronze” in color and will give the illusion of “disappearing” against the waters of Long Island Sound.  The new fence will also have five foot tall gates to comply with Homeland Security requirements.

The plantings on the embankment along Arch Street. will also be replaced with drought tolerant, low maintenance plants designed to preserve and enhance the view from for pedestrians and passing motorists.


ITEM NO.:                  14
DEPARTMENT:       Legislative and Rules Committee
CONTACT:                Douglas J. Wells        622-4455        dougwells@usa.com
REFERRED TO:        Legislative & Rules Committee
VOTES:                      Legislative and Rules Committee vote (11-1-0)

RESOLVED, that section V.A.4 of the Rules of the Representative Town Meeting be amended by deleting the existing V.A.4 in its entirety and inserting in its place the following:
4.  Attendance of Delegates.  Each delegate to a committee shall be responsible for representing his district at the committee's meetings.  In the event the delegate is unable to attend, he should confirm that his alternate will attend, and if the alternate is not able to attend, work with the district chairman to find a substitute to represent the district.

EXPLANATORY COMMENTS
This Resolution, in a slightly different form, was last before the RTM in October, when it was voted that this Resolution, along with several other Resolutions submitted by the Special Committee, be postponed indefinitely.  The Legislative and Rules Committee will be considering all of the proposed Resolutions that were postponed indefinitely over the next few months, and will present those Resolutions to the RTM for its consideration.
In January, Legislative and Rules took up the Resolution as it was presented on the October Call.  We voted to delete the last sentence of the October Resolution, because everyone felt that it was unnecessary to prepare an annual report to the Town Clerk and the District Chairmen, because the Committee Chairmen, pursuant to Committee Rules, already have an obligation to report the districts that were absent, when they give their Committee Reports to the RTM.  Our vote on the Motion to Delete the last sentence of this item was 12-0-0.
The present Rule requires that a district delegate who fails to attend at least 50% of the committee meetings in the first year be dropped from the committee and that the affected district appoint a new delegate, or vote the delegate back on the committee.  The Legislative and Rules Committee believes a delegate’s main responsibility is to report committee action to his district.  Accordingly, we recommend that the rule be changed to provide that district representation be the objective.  It is the delegate’s responsibility to make sure that the district is represented.  The critical issue is district representation, not by whom.

The existing section V.A.4 is printed below as a reference:

4. Attendance of Delegates. If a delegate does not attend a minimum of 50% of the meetings of the committee to which he or she has been designated within the first calendar year of each term, the delegate is ineligible to serve as a delegate to that committee the following year, and a successor shall be selected in accordance with these rules.  No later than December 31 of the first calendar year of each term, the secretary of each committee shall report the names of each delegate failing to meet the minimum attendance requirement to the Town Clerk and to the appropriate district chairman.  The eligibility of such a member can be reinstated by a majority vote of the district members.


ITEM NO:                     15
DEPARTMENT:        Selectmen
CONTACT:                Peter J. Tesei                  622-7710
REFERRED TO:        Appointments and Health & Human Services Committee
VOTES:                       Board of Selectmen 3-0-0

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 3/31/13.
BARBARA NOLAN

EXPLANATORY COMMENTS

Barbara Nolan, 15 Cotswood Road, Greenwich.  Nominated as a regular member of the Board of  Social Services for a term expiring 3/31/13.

Barbara graduated from Good Counsel College, B.A., Fordam School of Social Work, M.S., Bainton Peal Institute, Counseling Certification.

Barbara is retired Executive Director of Community Centers, Inc., and has over 50 years of Social Work experience.

Barbara has been on the Girl Scout and Red Cross Board of Directors, on the United Way Planning Council, Founding Member of Liberation House, Junior League Advisory Board.  Barbara has been the recipient of the Crispus Attucks
Award, Paul Harris Award and the Liberty Bell Award.

ITEM NO:                   16
DEPARTMENT:          Selectmen
CONTACT:                Peter J. Tesei                  622-7710
REFERRED TO:         Appointments and Health & Human Services Committees
VOTES:                         Board of Selectmen 3-0-0

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 ending 3/31/13.
JAMES B. MCGUIRE
EXPLANATORY COMMENTS

James B. McGuire, 9 Marlow Court, Riverside.  Nomination as a regular member of the Board of Social Services for a term expiring 3/31/13.

Mr. McGuire received his BBA from the University of Notre Dame and Matriculated at NYU.  James is  involved in Abilis, Stamford Chamber
Orchestra and United Way.

James is retired KPMG/KPMG Consulting – CEO from 1997; UHY Advisors 2003-2006 CEO;  Accume Partners, 2006-2008 CEO.


ITEM NO:                   17
DEPARTMENT:          Selectmen
CONTACT:                Peter J. Tesei                  622-7710
REFERRED TO:         Appointments and Health & Human Services Committees
VOTES:                       Board of Selectmen 3-0-0

RESOLVED, that the following named person, nominated by the Board of Selectmen, be re-appointed a member of the Nathaniel Witherell Board for
for a term expiring 3/31/13.
PAUL TORETTA

EXPLANATORY COMMENTS

Paul Toretta, 30 Lakewood Circle, North, Greenwich.   Re-nomination as a regular member of the Nathaniel Witherell Board for a term expiring 3/31/13.

Paul Toretta serves currently on the Nathaniel Witherell Board and is Co-Chairman of the Nathaniel Witherell Building Committee and a member of
the Glenville School Building Committee and retired professional civil engineer.  

He was a member of the Board of Education and RTM.


ITEM NO:                   18
DEPARTMENT:        Selectmen
CONTACT:                Peter Tesei                     622-7710
REFERRED TO:         Appointments and Health & Human Services Committees
VOTES:                       Board of Selectmen 3-0-0

RESOLVED, that the following named person, nominated by the Board of Selectmen, be re-appointed a member of the Nathaniel Witherell Board
for a term expiring 3/31/13.
DAVID AYRES
EXPLANATORY COMMENTS

David Ayres, 33 Wesskum Wood Road, Riverside.  Re-nomination as a regular member of the Nathaniel Witherell Board for a term expiring 3/31/13.

David Ayres has served on the Nathaniel Witherell Board for six years and is employed as a Realtor with Sotheby’s International.

David Ayres attended Cornell University with B.S. Industrial Engineering
and MBA in Finance.


ITEM NO:                   19
DEPARTMENT:         Selectmen
CONTACT:                Peter Tesei                     622-7710
REFERRED TO:        Appointments and Health & Human Services Committees
VOTES:                      3-0-0

RESOLVED, that the following named person, nominated by the Board of Selectmen, be re-appointed a member of the Nathaniel Witherelll Board for
a term expiring 3/31/13.
BRUCE DIXON
EXPLANATORY COMMENTS

Bruce Dixon, 20 Greenbriar Lane, Greenwich.   Re-nomination as a regular member of the Nathaniel Witherell Board for a term expiring 3/31/13.

Graduate of Loomis-Chaffee School and Harvard College.

Bruce Dixon is a current Nathaniel Witherell Board member and serves on the Finance and Building Committees.  He is a retired  partner in the firm of
Ernst & Young, New York City .  He is a former retired Chairman of GEMS, and Co-Chairman of the Selectmen’s Advisory Committee on Aircraft Noise.


ITEM NO:                           20
DEPARTMENT:                 Selectmen
CONTACT:                        Peter J. Tesei                          622-7710
REFERRED TO:                 Appointments and Town Services Committees
VOTES:                               Board of Selectmen 3-0-0

RESOLVED, that the following named person, nominated by the Board of  Selectmen, be re-appointed a  member of the Alarm Appeals Board for a
term expiring 3/31/14.
FREDERIC BROOKS
EXPLANATORY COMMENTS

Federic Brooks, 37 MacArthur Drive, Old Greenwich.  Re-nomination as a regular member of the Alarm Appeals Board for a term expiring 3/31/14.

Federic Brooks currently serves as President of the Sound Beach Volunteer Fire Department, Vice President, SBVSF, Secretary, NY School for the Deaf,
Treasurer, Stamford Young Artists Philharmonic.  Past President of the Greenwich Lions Club.

Federic Brooks is President of Comtech Systems, Inc. in Old Greenwich.


ITEM NO:                   21
DEPARTMENT:         Selectmen
CONTACT:                Peter J. Tesei                  622-7710
REFERRED TO:        Appointments and Town Services Committees
VOTES:                      Board of Selectmen 3-0-0

RESOLVED, that the following named person, nominated by the Board of  Selectmen, be re-appointed a member of the Alarm Appeals Board for a
term expiring 3/31/14.
JAMES H. DAINE

EXPLANATORY COMMENTS

James H. Daine, 12 Pierce Road, Riverside.  Re-nomination as a regular member of the Alarm Appeals Board for a term expiring 3/31/14.

James H. Daine currently serves as Captain of Sound Beach Volunteer Fire Department, Member of RTM District 5, Board Member of Riverside Association,
coach of GYFL and Cal Ripken & OGRCC baseball.

James H. Daine is Vice-President, Commercial Lending at Patriot National Bank, Greenwich.


ITEM NO:                    22
DEPARTMENT:        Selectmen
CONTACT:                Peter J. Tesei                  622-7710
REFERRED TO:        Appointments and Health & Human Services Committee
VOTES:                      Board of Selectmen 3-0-0

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 3/31/13.

STEPHANIE PAULMENO

EXPLANATORY COMMENTS
Stephanie Paulmeno , 9 Rockland Place, Old Greenwich. Nomination as a regular member of the Commission on Aging for a term expiring 3/31/2013.

Ms. Paulmeno is the only remaining original member of the Senior Provider Network. Holding a Master of Science Degree in Gerontology, Ms. Paulmeno is the former Director of Community Health Planning at the Town of Greenwich Department of Health.


ITEM NO:                   23
DEPARTMENT:        Selectman
CONTACT:                Peter J. Tesei                  622-7710
REFERRED TO:        Appointments and Health & Human Services Committees
VOTES:                       Board of Selectmen 3-0-0

RESOLVED, that the following named person, nominated by the Board of Selectmen, be reappointed a member of the Commission on Aging for a term expiring 3/31/13.

KAREN T. LAMONICA

EXPLANATORY COMMENTS

Karen LaMonica, 34 Benenson Drive, Cos Cob.  Re-nomination as a regular member of the Commission on Aging for a term expiring 3/31/2013.

Ms. LaMonica currently serves on the Commission on Aging.  Holding a Master’s Degree from Columbia, Karen has served as the administrator for Westchester Care at Home, Inc. a licensed home health aide agency affiliated with Visiting Nurse Services in Westchester.


ITEM NO:                    24
DEPARTMENT:        Selectman
CONTACT:                Peter J. Tesei                  622-7710
REFERRED TO:         Appointments and Town Services Committees
VOTES:                       Board of Selectmen 3-0-0

RESOLVED, that the following named person, nominated by the Board of Selectmen, be reappointed a member of the Board of Ethics for a term expiring 3/31/13.

JANE FINN

EXPLANATORY COMMENTS

Jane Finn, 76 Burning Tree Road, Greenwich. Re-nomination as a regular member of the Board of Ethics for a term expiring 3/31/2013.

Ms. Finn is currently a member of the Board of Ethics. She also is serving as the Treasurer of the Greenwich Arts Council. Holding multiple graduate degrees from the University of Kansas, Jane is currently retired but has worked as a clinical psychologist and attorney.


ITEM NO:                    25
DEPARTMENT:       Selectmen
CONTACT:                Peter J. Tesei                  622-7710
REFEERRED TO:   Appointments and Town Services Committees
VOTES:                     Board of Selectmen 3-0-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be re-appointed a regular member of the Board of Ethics for a term expiring 3/31/13.

ROBERT GRELE


EXPLANATORY COMMENTS

Robert Grele, 21 Indian Point Lane, Riverside.  Re-nomination as a regular member of the Board of Ethics for a term expiring 3/31/13.

Mr. Grele is currently a member of the Board of Ethics.  Holding a Law Degree from Cornell, Bob is a partner at Cummings and Lockwood specializing in estate planning, trust and estate administration and all aspects of real estate.




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