Representative Town Meeting Town of Greenwich

REPRESENTATIVE TOWN MEETING TOWN OF GREENWICH

EXPLANATORY COMMENTS FOR MARCH 2007 MEETING

ITEM NO.: 1 DEPARTMENT: Board of Education 0703ED01 CONTACT: Susan Wallerstein 625-7471 [email protected] REFERRED TO: Education, Finance Committees VOTES: Board of Education 7-0-0 Board of Estimate and Taxation approval pending 2/20/07

RESOLVED, that the sum of $475,847 is hereby appropriated to be added to account A6401792 52220- Electric Service. Said appropriation to come from Contingency.

EXPLANATORY COMMENTS

With detailed data on electric rate structures now available, total district electric service cost of $2,155,847 are forecast for the 2006-07 fiscal year. The resulting budget line overruns for electric service are in turn estimated at $475,847. Expenditure estimates for each of the district’s 25 accounts, encompassing eight (8) different CL&P rate structures were computed to arrive at this forecast.

ITEM NO: 2 DEPARTMENT: FLEET DEPARTMENT 2007 FEBRUARY 12 CONTACT: ELIZABETH LINCK 203-869-0532 [email protected] REFERRED TO: Finance, Public Works Committees VOTES: Board of Estimate & Taxation 12-0-0 .

RESOLVED, that the sum of $120,000 be and the same is hereby appropriated to be added to the account number identified below:

380-53500 Motor Fuel and Lubricants $120,000

EXPLANATORY COMMENTS

Increase in fuel cost to budgeted amounts (gasoline & diesel)

EXPLANATORY COMMENTS MARCH 2007 Page 2 of 22

ATTACHMENTS - LAST PAGE OF EXPLANOS

See attached worksheets indicating fuel cost increase.

ITEM NO.: 3 DEPARTMENT: Selectmen CONTACT: Edward Gomeau 622-7710 REFERRED TO: Appointments, 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 member of the Board of Social Services for a term expiring 3/31/10.

VICTORIA deBARY

Explanatory Comments

Victoria deBary. One White Birch Lane, Cos Cob. Renomination as a regular member of the Board of Social Services for a term expiring 3/31/10. BA City College – PhD, Columbia. Former School Psychologist. Presently, Realtor in local real estate firm. Member of the Board of Junior League, World Affairs Forum, CT Against Gun Violence, past YWCA Board Member and Parents Together.

ITEM NO.: 4 DEPARTMENT: Selectmen CONTACT: Edward Gomeau 622-7710 REFERRED TO: Appointments, 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 member of the Nathaniel Witherell Board for a term expiring 3/31/10.

PAUL TORETTA

Explanatory Comments

Paul Toretta. 30 Lakewood Circle North, Greenwich. Renomination as a member of the Nathaniel Witherell Board for a term expiring 3/31/10. B.S. – Civil Engineering and MBA. President of Environmental firm in Town. Member – Hamilton Avenue Building Committee, Glenville Building Committee, President of Indian Harbor District. Past RTM and Board of Education member. Page 3 of 22

ITEM NO.: 5 DEPARTMENT: Selectmen CONTACT: Edward Gomeau 622-7710 REFERRED TO: Appointments, Land Use Committees 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 Historic District Commission for a term expiring 3/31/12. SUSAN RICHARDSON

Explanatory Comments

Susan Richardson. 67 Bowman Drive, Greenwich. Renomination as a regular member of the Historic District Commission for a term expiring 3/31/12. B.A. – English, Queens College, CUNY. Currently Chair of the Historic District Commission. Retired Historic Preservation Coordinator for Historical Society of the Town, Archivist, Historical Society. Former Aide to Coordinator for Gifted Education, Greenwich Public Schools and former English teacher. Member: National Trust for Historic Preservation, Connecticut Trust for Historic Preservation and Association for Gravestone Studies. Board Member of the Calf Island Conservancy and member of the Greenwich Point Conservancy.

ITEM NO.: 6 DEPARTMENT: Selectmen CONTACT: Edward Gomeau 622-7710 REFERRED TO: Appointments, Town Services Committees VOTES: Board of Selectmen 3-0-0

RESOLVED, that the following named person, nomination by the Board of Selectmen, be appointed a member of the Board of Ethics for a term expiring 3/31/10.

ROBERT F. GRELE Explanatory Comments

Robert F. Grele. 21 Indian Point Lane, Riverside, CT. New nomination as a regular member of the Board of Ethics for a term expiring 3/31/10. Gettysburg College; Cornell Law School. Practicing attorney in Town since 1964. Former President of the Greenwich Library Board of Trustees, has served on boards of the Greenwich Foundation for Community Gifts, the United Way of Greenwich, the Old Greenwich Association and Glenholme School. Chair of the Hilla Rebay Foundation, Page 4 of 22

member of the Selectmen’s Nominations Advisory Committee and Director of the Educational Oceanographic Foundation, Inc.

ITEM NO.: 7 DEPARTMENT: Selectmen CONTACT: Edward Gomeau 622-7710 REFERRED TO: Appointments, 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 member of the Nathaniel Witherell Board for a term expiring 3/31/10. DAVID AYRES

Explanatory Comments

David Ayres. 33 Wesskum Wood Road, Riverside. Renomination as a regular member of the Nathaniel Witherell Board for a term expiring 3/31/10. BS – Cornell, MBA – Cornell. Associate with William Pitt – residential real estate. Senior financial executive with extensive experience in bank and project financings, treasury, capital markets, investor and bank relations.

ITEM NO.: 8 DEPARTMENT: Selectmen CONTACT: Edward Gomeau 622-7710 REFERRED TO: Appointments, Health & Humas Services Committees 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 Nathaniel Witherell Board for a term expiring 3/31/10. DONALD G. FRITZ

Explanatory Comments

Donald G. Fritz. 300 North Maple Avenue, Greenwich. Renomination as a regular member of the Nathaniel Witherell Board for a term expiring 3/31/10. Bachelor of Mathematics – University of Waterloo, MBA – MacMaster University. Senior business leader with a combination of functional, international and multi-country general management expertise.

ITEM NO.: 9 DEPARTMENT: Selectmen Page 5 of 22

CONTACT: Edward Gomeau 622-7710 REFERRED TO: Appointments, Land Use Committees 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 Planning and Zoning Commission for a term expiring 3/31/10.

DONALD HELLER

Explanatory Comments

Donald Heller. 45 Pheasant Lane, Greenwich. Renomination as a regular member of the Planning and Zoning Commission for a term expiring 3/31/10. BA and MPA Degrees from Syracuse University. Retired Second Lieutenant from US Army. Former President of Real Estate Management Company. Fore Chairman of Novatek Medical, Inc., former co-founder and President/CEO of TDC Development Corp. Twenty-one years with Chesebrough Ponds as President, General Manager of the Health and Beauty Products Division, President of Health Tex Division and President of Canadian Operations. Board and Executive Committee member of the Connecticut Grand Opera and the American Classical Orchestra. Previous RTM member and current member of the National Executive Service Corp.

ITEM NO: 10 DEPARTMENT: RTM Appointments Committee CONTACT: Coline Jenkins, 637-5872, [email protected] REFERRED TO: Appointments, Town Services Committees VOTES: 9-1-2

RESOLVED, that the following named person, nominated by the RTM Appointments Committee, be appointed a member of the RTM Claims Committee for a term expiring 12/31/07.

JOHN A. SHULMAN

EXPLANATORY COMMENTS

JOHN A. SHULMAN, 32 Mimosa Drive, Cos Cob

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Current Employer, Ramsay Fabrics, Inc – President; Stanwood Mills, Inc.– President Profession Development, Production and Importing of Industrial Textiles. Work History President, Ramsay Fabrics, Inc., 1984-present; President, Stanwood Mills, Inc., 1984-present; Group Vice-President, Plastiglide Manufacturing Corporation, 1979-84; Management Consultant, McKinsey & Co., Inc., 1976-79. Experience Current – Textiles: general industrial, home furnishings, decorative markets. Technical knowledge of greige and finished wovens. Functional experience in industrial marketing, product development, manufacturing, financial and credit management. Other – Manufacturing: plastics, metalworking, and high-speed assembly. Consulting: marketing, operations, employee benefits; printing, petroleum, insurance, entertainment industries. General Management: labor contracts, financial, M&A, advertising, real estate. Alternative Dispute Resolution Experience Arbitrator since 1990. Cases in textiles, home furnishings, computer services, sales agency agreements, healthcare, interior design, public relations. Disputes involved breach of contract, unpaid invoices, non- performance, and claims of inferior quality. ADR training on ethics and disclosure, procedures, case administration, hearing management. Education Stanford University (BA, Economics-1973; MBA, Finance & Marketing- 1976) Other: Former Director, Eagle Supply Group, Inc. (NASDAQ), a building products distributor; member, Special Committee formed by Board to assist in sale of company (2004). Advisor, EDS LLC., an educational testing and tutoring company. Elected Member, Greenwich RTM (town governing council).

ITEM NO.: 11 DEPARTMENT: Selectmen CONTACT: Ed Gomeau 622-7710 REFERRED TO: Appointments, Town Services Committees 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 Alarm Appeals Board for a term expiring 3/31/10.

FREDERIC H. BROOKS, JR.

Explanatory Comments

Frederic H. Brooks, Jr. 37 MacArthur Drive, Old Greenwich. New nomination as a regular member of the Alarm Appeals Board for a term expiring 3/31/10. BS, Pace University. President – Comtech Systems, Inc., Telcomm Sales and Consulting firm. President, Greenwich Lions Club, member – Renaissance Fair Committee at International School at Dundee and Secretary – NY School for the Deaf. Page 7 of 22

ITEM NO: 12 DEPARTMENT: Selectmen CONTACT: Ed Gomeau 622-7710 REFERRED TO: Appointments, Health & Human Services Committees VOTES: Board of Selectmen 3 -0

RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Board of Social Services for a term expiring 3/31/10.

STEVEN C. FRANCIS

EXPLANATORY COMMENTS

Steven C. Francis. 44 Patterson Avenue, Greenwich. New nomination as a regular member of the Board of Social Services for a term expiring 3/31/10.

AB Dartmouth College, (economics). MBA Stanford University (finance), Certificate Harvard Business School (leadership of professional service firms). Retired - Co-founder of firm specializing in the management of fixed-income portfolios for institutional investors.

ITEM NO.: 13 DEPARTMENT: Selectmen CONTACT: Ed Gomeau 622-7710 REFERRED TO: Appointments, 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 member of the Commission on Aging for a term expiring 3/31/10.

KRISTEN N. GREENE

Explanatory Comments

Kristen N. Greene. 4 Grange Street, Greenwich. New nomination as a regular member of the Commission on Aging for a term expiring 3/31/10. B.S. – University of Connecticut, M.S.W. – Fordham University. Social Work Case Manager at Greenwich Hospital. Member of Greenwich Child Protection Team, Greenwich Community Health Improvement Partnership and past member of Hotline.

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ITEM NO: 14 DEPARTMENT: Selectmen CONTACT: Ed Gomeau 622-7710 REFERRED TO: Appointments, Land Use Committees VOTES: Board of Selectmen 3-0

RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Planning and Zoning Commission for a term expiring 3/31/10.

RAYMOND J. HEIMBUCH

EXPLANATORY COMMENTS Raymond J. Heimbuch. 16 Idar Court, Greenwich. Renomination as a regular member of the Planning and Zoning Commission for a term expiring 3/31/10. MS – Engineering. Member, ASCE and Meals on Wheels. Retired.

ITEM NO.: 15 DEPARTMENT: Selectmen CONTACT: Ed Gomeau 622-7710 REFERRED TO: Appointments, Town Services Committees 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 Board of Ethics for a term expiring 3/31/10.

JEFFREY S. RAMER

Explanatory Comments

Jeffrey S. Ramer. 2 Wesskum Wood Road, Riverside. Renomination as a regular member of the Board of Ethics for a term expiring 3/31/10. B.A. – Franklin & Marshall College, J.D. – Fordham Law School. Private law practice with wife – 21 Benedict Place.

ITEM NO: 16 DEPARTMENT: Law Department CONTACT: John Wayne Fox, Town Attorney Contact's phone # 622- 7876 Page 9 of 22

REFERRED TO: Finance, Legislative & Rules Committees VOTES: Board of Estimate & Taxation 12-0-0

RESOLVED, that the sum of $450,000 be and the same is hereby appropriated to be added to Account Number A140-51400, Professional and Other Special Services – Attorneys.

EXPLANATORY COMMENTS

This request is for an additional appropriation of $450,000 to meet attorney fees through the end of the fiscal year. In several cases we have been obliged to bring in outside counsel because of a conflict or potential conflict between the Town’s interest and other named defendants employed by the Town. In other significant cases, it was necessary to bring in outside counsel with specialties in certain fields.

ITEM NO: 17 DEPARTMENT: Conservation Commission – February 14, 2007 CONTACT: Denise Savageau, Conservation Director 203-622-6461 [email protected] REFERRED TO: Land Use, Legislative & Rules, Health & Human Services Parks & Recreation Committees VOTES:

RESOLVED, to delete Sections 7-24 and 7-45 of the municipal code as written and replace with the following:

7-24. Fish and Wildlife

(a) No person shall maliciously harm, frighten or harass any animal, reptile or bird; nor shall he remove, collect, or have in his possession the young of any wild animal or the eggs or nest of any reptile or bird.

(b) No person shall give or offer or attempt to give any animal, reptile or bird any poison or any other known noxious substance.

(c) Fishing, including the use of nets or seines, shall be permitted with proper licenses only in those waters designated by the Director or his authorized agents,

(d) No person shall hunt, trap or pursue wildlife at any time, and no person shall use, firearms, air rifles, spring guns, bows and arrows, slings or any kind of trapping device or any other weapons or explosives to frighten, injure or kill wildlife, except for the purpose of wildlife management as authorized by the Director or his authorized agents.

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(e) Nothing herein shall prevent the Director or his authorized agents from taking measures which the Director deems to be in the interest of wildlife management, research, monitoring or education.

(f) The foregoing provisions of this Section 7-24 shall apply only in Parks, as defined in section 7-22 (b).

Section 7-22 (b) reads as follows: Park is a town owned park, parkland, playground, beach, boating facility, recreation place or facility, open space or any other area, place, buildings or structure in the town owned or used by the town and devoted to active or passive recreation.

EXPLANATORY COMMENTS This code change updates language relating to the management of fish and wildlife on Town properties. It reflects actual practice including management, monitoring, research, and educational activities that have been ongoing. It also reconciles with other sections of the Charter and Code that call for proper maintenance of properties and protection of the public from nuisances. Unanimously approved by Board of Selectmen at Feb 14, 2007 meeting.

ATTACHMENTS

A. Copy of existing Sections 7-24 and 7-45 of the Greenwich Municipal Code B. Copy of proposed replacement to Section 7-24 of the Greenwich Municipal Code C. Copy showing comparison between the existing code and proposed changes.

Attachment A. Existing Wildlife Sections in Section 07 of the Greenwich Municipal Code – proposed to be deleted.

Sec. 7-24. Wildlife.

(a) No person shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor shall he remove, collect or have in his possession the young of any wild animal or the eggs or nest of any reptile or bird.

(b) No person shall give or offer or attempt to give any animal, reptile or bird any poison or other known noxious substance.

(c) Fishing shall be permitted with proper licenses only in those waters designated by the Director or his authorized agents. The use of nets or seines is expressly prohibited.

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(d) No person shall hunt, trap or pursue wildlife at any time, and no person shall use, carry or possess firearms, air rifles, spring guns, bows and arrows, slings or any kind of trapping device or any other weapons or explosives potentially inimical to wildlife and dangerous to human safety.

Sec. 7-45. Disturbing wildlife prohibited.

No person shall hunt, rally or drive away or otherwise disturb any species of wildlife on or from any beach, or any lake, pond, or water thereof.

Attachment B Proposed replacement to Section 7-24 of the Greenwich Municipal Code

7-24. Fish and Wildlife

(b) No person shall give or offer or attempt to give any animal, reptile or bird any poison or any other known noxious substance.

(c) Fishing, including the use of nets or seines, shall be permitted with proper licenses only in those waters designated by the Director or his authorized agents,

(e) Nothing herein shall prevent the Director or his authorized agents from taking measures which the Director deems to be in the interest of wildlife management, research, monitoring or education.

(f) The foregoing provisions of this Section 7-24 shall apply only in Parks, as defined in section 7-22 (b).

Attachment C Page 12 of 22

Comparison of Changes Proposed to Section 7-24

7-24. Fish and Wildlife

(b) No person shall give or offer or attempt to give any animal, reptile or bird any poison or any other known noxious substance.

(c) Fishing, including the use of nets or seines, shall be permitted with proper licenses only in those waters designated by the Director or his authorized agents,

(e) Nothing herein shall prevent the Director or his authorized agents from taking measures which the Director deems to be in the interest of wildlife management, research, monitoring or education.

(f) The foregoing provisions of this Section 7-24 shall apply only in Parks, as defined in section 7-22 (b).

any lake, pond, or water thereof

ITEM NO.: 18 DEPARTMENT: RTM Education Committee SOMR 07021201 CONTACT: Betsey Frumin 531.7203 [email protected] REFERRED TO: Education, Finance, Public Works Committees VOTES: RTM Education Committee vote (10/0/1)

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Whereas the Glenville School building project (the “Glenville School Project”) was ranked 9th on the list of capital projects recommended by the CIP Committee to be funded in the Town of Greenwich budget for 2007/2008, and Whereas the RTM has voted on three occasions to support the Glenville School Project by (i) including $860,000 for architectural and engineering expenses in the Town of Greenwich 2005/2006 budget, (ii) appointing the Glenville School Building Committee in December of 2005, and (iii) including $1,400,000 for the pre- construction phase of the Glenville School Project in the Town of Greenwich 2006/2007 budget, and Whereas the Board of Education in January of 2007, after two public meetings, approved a charge to the RISE Committee which states that it shall be “assume[d] that the Glenville School renovation will proceed as planned,” and Whereas any delay in commencing the renovation phase of the Glenville School Project as currently planned will compromise the 14 month building schedule that has been carefully drafted by the Glenville School Building Committee, increase construction costs associated with the Glenville School Project, and render more problematic the use of the modular classrooms currently scheduled for the occupation by Glenville School students as of September 2007. NOW, THEREFORE, be it resolved that it is the sense of the RTM that the funds for the Glenville School Project be appropriated without condition or stipulation of any kind, concerning the findings of the RISE Committee or otherwise, in the Town of Greenwich 2007/2008 capital budget.

EXPLANATORY COMMENTS

The renovation of Glenville School has been a high propriety in Town for years as evidenced by its ranking in the CIP. In fact, it was ranked ahead of the Hamilton Avenue project and only took a backseat to that project when the mold situation at Hamilton Avenue made the rebuild critical. Though the Glenville community was not excited about waiting for the completion of the Hamilton Avenue project, the opportunity to re-use the modular classrooms made a great deal of economic sense. The Glenville School renovation must begin in June of 2007. Delaying the start of the Glenville School renovation makes no sense, economically or educationally. The rebuild, if started in June, is expected to take 14 months. It is estimated that moving the start of the project from June to September, thus losing the summer months and delaying the initial work that must be done in warmer weather, could add an additional school year to the rebuild timetable and an estimated $3 million to the cost of the project. Also, the Glenville student population is larger than the population of Hamilton Avenue and this larger population would have to make significant sacrifices to fit into the modular classrooms. This will be a difficult situation for one year and has been deemed by all involved as educationally questionable for any longer that one year. Why rebuild Glenville when the system is experiencing declining enrolment? Page 14 of 22

The Board of Education has been aware of and has been addressing declining enrollment for years. This is not a new issue and was part of the discussion when the decision was made to rebuild Glenville. Nothing has changed. Why not wait for the results of the RISE commission study before spending $22 million? Recently, Dr. Sternberg formed the RISE commission to study the system wide issues of racial imbalance, declining enrollment and how best to close the achievement gap. This committee of 35 people has a charge that includes the assumption that the Glenville School will be rebuilt. This is what our school administrators have advised and what our Board of Education has voted to adopt. Glenville School is currently a structurally unsound facility. It has been determined that the shell of the building is failing and the decision has been made to rebuild the building as new. Consequently, nearly all but the most vital maintenance has been deferred on this building for years. Some examples of everyday issues are: 1] Water cascades down interior walls during any rain storm and buckets are needed throughout the building to catch leaks from the roof, 2] Carpet (the original carpet installed 35 years ago!) is taped down in many places to prevent students from tripping over frayed areas, 3] Other areas have no carpet at all - only tape. 4] Students must endure 85 - 90 degree temperatures in some parts of the school year round while portable heaters are needed in other areas due to the inefficiencies of the HVAC system and the inability to open any windows. The Glenville School community has accepted these conditions with the understanding that the building would be rebuilt in 2007/2008. Glenville enrollment has been effected by the condition of the school The open classroom design of the school is not compatible with today’s educational needs. (It is questionable if the open classroom design was compatible with the educational needs 35 years ago when the building was opened.) The condition of the building and the distraction of the open classrooms have been the most common reasons sited by the many Glenville parents who have already taken their children out of the school. Glenville is no longer an area of smaller starter homes. It has gentrified and the families moving into the $2+ million houses have the disposable income to put their children into private schools. Even those committed to public education are having second thoughts about leaving their children at Glenville. By way of example, please note that of the fifty new homes to be built off Glenville Road on the Rockefeller property, twenty one are built and occupied. Within these 21 homes, there are 35 elementary aged children yet only 2 attend Glenville! Four of the families from these homes started out at Glenville but found the facility so inadequate that they pulled their children and placed them in private schools. Others within this neighborhood opted to go straight to private school without subjecting their children to the terrible conditions at Glenville School. Closing Glenville School is NOT the answer and would stress the entire system The Town of Greenwich employs highly educated, highly respected education administrators to advise us on how to create an excellent school system. Page 15 of 22

These people have defined optimum elementary school occupancy as 75% - 85% of capacity with 80% being the goal. Using the capacity of the new Hamilton Avenue and the new Glenville School, in the 2007/2008 school year the system will be at 80% of capacity and in the 2010/2011 school year the system will be at 78.2% of capacity. Closing Glenville would put the system at over 85% capacity until after 2011. It would force redistricting through the entire system and it would limit our options for dealing with racial imbalance. Our children and our property values depend on an excellent school system. Overcrowding our schools is not the answer. Please consider carefully when voting on this item.

ITEM NO: 19 DEPARTMENT: District 10 CONTACTS: Joan E. Caldwell 869-2553; Bob Byrnes 661-5963; Bob Richardson 531-7538; Alan Small 622-8423 REFERRED TO: All Committees VOTES: District 10: 15-0-0-6 (January 11, 2007)

RESOLVED, that Appendix D-6 to the Rules of the Representative Town Meeting be amended as follows (additions in bold, [deletions in brackets]):

D-6 COMMUNICATIONS AND RELATIONSHIPS WITH CONSTITUENTS

A. Shortly after the district Organizational Meeting, the Chairman may consider ways to inform district residents of the composition of the RTM district organization. One method is to post a notice in a community library, supermarket, civic center, etc., listing the officers and the members, with addresses, telephone numbers, and committee assignments. Such information may be presented to the media for dissemination.

B. All district members should be alert to any problem or threat facing the district, whether or not it is something that could be dealt with by any branch of town government.

C. Occasionally a controversial matter comes before the RTM, with cogent arguments on both sides. Members face the question of whether to vote their best judgment, or to represent their constituencies. Rarely will they receive enough calls or letters to consider them the people’s voice, but they may reveal informed opinions. Those members who feel that the matter is such that the constituency should be represented can find their own ways of getting that feel – sidewalk or supermarket encounters, neighbors, random phone calls, etc.

D. Members of the RTM have a responsibility to the community to maintain a high sense of ethics as the legislative body of the town. Members will properly abstain from voting upon or advocating any measure in which they have a substantial Page 16 of 22

conflict of interest1. [e.g. a close family member having a direct financial interest.] It is the responsibility of individ ual members2 to advise their district Chairman of any substantial conflict of interest, potential conflict of interest3, or possibility thereof. A member who has a substantial conflict should disclose the nature of the conflict to the district, committee and/or body prior to participation in any discussion. He should not try to influence (as opposed to inform) others on the relevant matter, and he may not vote on it.

1 A substantial conflict is defined by Connecticut General Statutes §7-148h(b), and is determined as follows: Any member of the RTM who has reason to believe or expect that he, his spouse, a dependent child or a business with which he is associated will derive a monetary gain or suffer a direct monetary loss by reason of his official activity is deemed to have a substantial conflict of interest in his service to the RTM. A member of the RTM does not have a substantial conflict of interest if any benefit or detriment accrues to him, his spouse, a dependent child or a business with which he, his spouse or such dependent child is associated as a member of a profession, occupation or group to no greater extent than to any other member of such profession, occupation or group. 1 The requirement for members to advise their district chairman of these matters takes into consideration the Advisory Opinion dated November 6, 2006 of the Board of Ethics of the Town of Greenwich. 1 A potential conflict is a substantial conflict of interest which has not yet occurred.

ITEM NO: 20 DEPARTMENT: District 10 CONTACTS: Joan E. Caldwell 869-2553; Bob Byrnes 661-5963; Bob Richardson 531-7538; Alan Small 622-8423 REFERRED TO: All Committees VOTES: District 10: 15-0-0-6 (January 11, 2007)

BE IT FURTHER RESOLVED, that Appendix D-7 to the Rules of the Representative Town Meeting be amended as follows (additions in bold, no deletions):

D-7 DISTRICT DELEGATE APPOINTMENTS TO STANDING COMMITTEES

A. GENERAL

Election of delegates and alternates takes place at the district’s Organization Meeting, held during December in a town election year. This can immediately precede or follow the district’s regular December meeting, with new members participating and retiring members abstaining. It is essential that a district have both a delegate and an alternate to each standing committee.

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Seniority is a well established practice at all levels of government. Experience adds to a committee’s strength. But this does not necessarily mean that everyone wants to repeat the prior term’s assignment. Furthermore, the delegation may wish to replace a delegate if the incumbent has not been satisfactory. Likewise,rotation among the various committees may result in members becoming more knowledgeable about all aspects of the Town’s operation. Therefore, just because one member has served two or more terms on a committee, other members should not feel deterred from expressing their own interest in that committee.

B. Suggested Procedure 1. In some districts, the incumbent Chairman or Secretary sends a questionnaire to all persons elected for the coming two-year term. Each member is asked to indicate a first, second and third preference for committee assignments. Some persons may prefer to serve as alternates and may so indicate. Some Chairmen telephone everyone to develop a preliminary committee roster. If applicable, each member should simultaneously disclose any substantial conflict of interest, potential conflict of interest, or possibility thereof which would arise from his serving on each committee requested and should also inform the Chairman of the applicable employment, business interest, or other affiliation which gives rise to the apparent conflict. The Chairman should review the matter with the member and provide the member guidance as to an appropriate assignment in light of the nature of the apparent conflict, the interest of the district in having delegates and alternates who need not recuse themselves frequently in voting on committee issues, and the need to insure integrity in the conduct of the people’s business. 2. Ballot paper should be provided at the meeting. If a blackboard or an easel is available, candidates for all committees may be listed. This may be especially helpful to new members. 3. Districts should allow members a minute or two to describe their backgrounds and specific interest in committee assignments. In the event a member has raised with the Chairman an apparent conflict and is not satisfied with the Chairman’s guidance, the member and the Chairman may present their views on the matter to the district. Normal election procedures then follow. A sole candidate for any post may be declare elected. Contested slots are determined by written ballot, with election requiring a majority of votes cast. For the procedure to be followed when there are more than tw candidates, see RTM Rules III A 3 and IVC. In the event a member believes he has been denied a desired committee assignment because, for example, the possibility of a conflict of interest has been misconstrued as a substantial conflict of interest, the member may refer the matter to the Board of Ethics for an advisory opinion, in light of which the district may wish, but it is not obliged, to reconsider its vote on the member’s committee assignment.

4. When a Delegate post becomes vacant for any reason, committee assignments Page 18 of 22

may be re-assigned. The Alternate may succeed to the Delegate post, but this is not automatic. Any action should be accomplished at a district meeting, with other members eligible to be candidates.

C. Attendance at Committee Meetings

It is the District Chairman’s responsibility to see that the District is represented at all standing committee meetings. In the event of a delegate’s planned absence the delegate must advise the alternate so that the alternate will attend. If the delegate cannot obtain a firm commitment from the alternate to attend, the delegate is to so notify the District Chairman. It then becomes the District Chairman’s responsibility to arrange for some other member of the district delegation to attend, vote, and report.

Explanatory Comments

At its meeting on September 18, 2006, the RTM considered the following resolution (Item 9 on the Call) requested by the members from 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 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.”

The above resolution was intended to minimize “occupational conflicts of interest” on the part of RTM members which may arise as a result of committee assignments. It was referred to all committees and was generally not well received for a variety of reasons including comments by the Town Attorney that the proposal appeared to be in conflict with state statute and might, if adopted, give rise to challenges relating to the exercise of the rights of free speech and association. During floor consideration of the item, the Health and Human Services Committee moved that Item 9 be referred 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.” That motion to refer was adopted by a vote of 114-54-2.

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Subsequently, representatives of District 10 have met on several occasions with Town Attorney John Wayne Fox or Assistant Town Attorney Abby R. Wadler, to draft a new resolution which will conform to state statute, will comply with the intent of the motion to refer, and will be found to be in legal order. It is our view that the proposed resolution meets those goals.

In substance, the proposed resolution – while longer than the original resolution – is simplified conceptually by its reliance on Connecticut General Statutes Section 7-148h(b) which is applicable to members of the RTM and from which the definition of “substantial conflict of interest” is derived. No new definitions are required for any of the terms in the proposed resolution, and the inclusion of the definition of “substantial conflict of interest” in footnote 1 to Appendix Section D-6 D should be helpful to any member in assessing whether, under current law, he may or may not have a “substantial conflict” involving himself, his spouse or dependent child, or a business with which he or they may be associated. Moreover, the addition to Section D-6 D endeavors to make clear that voluntary full disclosure is the key to avoiding negative consequences when a substantial conflict may exist.

In form, the proposed resolution amends two sections (D-6 and D-7) of the Appendix to the Rules of the RTM, rather than the Rules themselves. The additions to D-6 expand an existing provision on the ethical conduct of members while deleting an incomplete and misleading example concerning “a close family member.” The additions to D-7 under “Suggested Procedure” also expand an existing provision, in this instance adding suggestions for making district assignments to standing committees when there may be a substantial conflict of interest. Again, the stress is on full disclosure by the member concerned along with active and thoughtful leadership by the district chairman in determining an appropriate course of action. Absent agreement between a member and the district chairman, the committee assignment should preferably be determined by a vote of the district membership. There is also written reference to the ability of a member who feels aggrieved by a district’s vote to seek an advisory opinion from the Board of Ethics.

It is our view that the proposed amendments to the Appendix will improve our guidelines. If adopted and published, they should help to heighten members’ awareness of the ethical considerations related to RTM service and to minimize future incidents of conflicts of interest. In turn, continued public confidence in the RTM and its members should be warranted.

We trust that you and your district will support the proposed resolution.

child or a business with which he is associated will derive a monetary gain or suffer a direct monetary loss by reason of his official activity is deemed to have a substantial conflict of interest in his service to the RTM. A member of the RTM does not have a substantial conflict of interest if any benefit or detriment accrues to him, his spouse, a dependent child or a business with which he, his spouse or such dependent child is associated as a member of a profession, occupation or group to no greater extent than to any other member of such profession, occupation or group. 1 The requirement for members to advise their district chairman of these matters takes into consideration the Advisory Opinion dated November 6, 2006 of the Board of Ethics of the Town of Greenwich. 1 A potential conflict is a substantial conflict of interest which has not yet occurred.

ITEM NO: 21 DEPARTMENT: Not Applicable CONTACT: Contact's name: J. Suzanne Geiss Robbins; Contact's telephone #: 203-661-9309; Contact's e-mail address: [email protected] (the "Petitioner") REFERRED TO: Finance, Land Use, Legislative & Rules Committees VOTES: Not Applicable

To consider and act upon the following resolution, requested by the Petitioner and no less than twenty registered voters:

"WHEREAS, the Representative Town Meeting, at its September, 2006 meeting, adopted a "sense of the meeting" resolution by a vote of 101 in favor, 39 against with one abstention to the effect that no part of an appropriation of $690,000 in the 2006-07 budget for architectural and engineering studies for tiered parking in downtown Greenwich be spent until a final decision has been made by the RTM as to whether there will be any additional tiered parking at all in downtown Greenwich;

"WHEREAS, the Representative Town Meeting, at its October, 2006 meeting, adopted a "sense of the meeting" resolution by a vote of 120 in favor, 60 opposed with 4 abstentions to the effect 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 the Moderator set up a special committee to consider how best to ensure that the Capital Plan prepared annually in connection with the Town’s annual budget be consistent with the POCD, as revised and updated from time to time; and

"WHEREAS, the Moderator has formed the special committee referred to in the foregoing 'whereas' clause.

"NOW, THEREFORE, be it

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"RESOLVED, that it is the sense of the Representative Town Meeting (1) that capital improvement projects and/or plans for the Central Business District ("CBD") be included in the new POCD currently being prepared by the Planning and Zoning Commission, and (2) that no capital appropriations for capital improvement projects and/or plans within the CBD be included in the Town’s annual budget until the new POCD has been adopted by the RTM, with the exception of appropriations for the public safety complex and for the maintenance and repair of existing town facilities within the CBD."

EXPLANATORY COMMENTS Petition with signatures on file in Town Clerk’s office.

The Petitioners are of the opinion that there are issues that need to be addressed before the Town proceeds with further capital improvement projects in the Greenwich Central Business District (the "CBD"). These issues should be addressed in the context of a long term comprehensive plan addressing the future of the CBD and its surrounding neighborhoods as a whole. The CBD plan should address land use, traffic, traffic patterns, parking, streets and roadways, parkland, pedestrian walkways, facilities, buildings, utilities, sewage, and environmental, together with the coordination of the effect of each of these factors on all the other factors. Most importantly, the plan should reflect a clear vision of how a consensus of the public wishes to see the CBD develop in the future.

To date, there has been little or no comprehensive long term planning undertaken for the CBD as a whole. The current Central Greenwich Master Plan sponsored by the DPW for improvements in the Town Green and Greenwich Avenue streetscape is very limited in scope. Instead, capital projects are being proposed on a piece meal basis in response to narrowly defined needs at the particular time (a) without serious consideration of the effect each project may have on the CBD as a whole, and (b) without appropriate public involvement and input in the prioritization of future capital projects and the competing needs of the CBD and/or the Town, until it is too late to take into consideration the vision and desires of the public at large. This results, from time to time, in a changing of priorities, proposals with minimal lead times and budget appropriations for studies and architectural and engineering work, before the public and the RTM have the opportunity to adequately review, comment on and/or agree with or approve the proposals. In response to these issues, the RTM has adopted two "sense of the meeting" resolutions, one in September 2006 and the other in October 2006, which are described in the "Whereas" clauses in the above proposed resolution. The Town presently has under construction significant capital improvement projects in the CBD. At the same time, the Capital Improvements Projects Committee (the "CIP Committee") is proposing additional significant capital projects for the CBD for implementation in the near future. In view of the pressures this is placing on the public, the taxpayers and the CBD, our proposed resolution seeks to utilize the structure in the October 2006 RTM "sense of the meeting" resolution by requiring that no further capital Page 22 of 22

improvement projects and/or plans, including any Town commitments in furtherance thereof, be entered into or proposed for the CBD until the RTM has had a full opportunity to review and approve the project or projects in the context of a master or similar overall plan for the CBD. As the RTM determined in October 2006, this will best be handled through the process of RTM review and approval of the Plan of Conservation and Development currently being prepared by the Planning and Zoning Commission. At the same time, the process of preparing and finalizing the Plan of Conservation and Development relies heavily on feedback from the public and thus will assure that the CIP Committee's proposals will receive appropriate public involvement and input.

ITEM NO. 22 DEPARTMENT: Legislative & Rules Committee CONTACT: Douglas Wells 622-4455; [email protected] REFERRED TO: Legislative & Rules Committee VOTES: RESOLVED, that the April Representative Town Meeting be rescheduled to Monday April 16, 2007.

EXPLANATORY COMMENTS

This resolution to postpone the April RTM meeting from April 9 to April 16 is to avoid conflicts with religious observances during the week beginning Sunday April 1. If we conduct our RTM meeting on April 9, then our committee meetings beginning Monday April 2 will be in conflict with Passover, which begins at sundown on that date. Moreover, the majority of our district meetings will fall on Holy Thursday. At least two of those districts meet in church facilities. Several members may have religious obligations that evening. By postponing the RTM meeting to April 16, this would permit the committees and districts to meet on their regularly scheduled weekday meeting dates during the week beginning Sunday April 8.