Town of Greenwich

Town of Greenwich
Board of Selectmen Meeting
October 2, 2014
10:00 a.m.
Town Hall Meeting Room
Draft Minutes
1. The meeting opened at 10:08 a.m. with the Pledge of Allegiance.
a. Attendance:
i. First Selectman Peter J. Tesei – Present
ii. Selectman David Theis – Present
iii. Selectman Drew Marzullo – Present
2. Approval of Minutes
a. Minutes of Regular Board of Selectmen meeting held on 9-18-2014 were
reviewed and approved as presented without objection.
3. First Selectman’s Update
a. The First Selectman began his updates with a statement of recognition for
Dustin Anderson, the Town’s Special Projects Manager. Mr. Anderson has
given notice that he will be resigning his position to become the City
Manager of Munster, Indiana. Dustin began working for the First Selectman
in January 2010 in the role of Executive Assistant. Mr. Tesei wishes Dustin
well on behalf of the Town administration and the citizenry.
b. On September 23, a proclamation was issued for National Addiction
Recovery Month.
c. On the morning of October 2, the Town and the Breast Cancer Alliance
hosted a flag raising outside of Town Hall to raise breast cancer awareness.
d. There will be a public hearing on October 16 at 7:00 p.m. in the Town Hall
Meeting Room hosted by the Harbor Management Commission. The
Commission will be taking public commentary on what should be included in
the Town’s Harbor Management Plan. Once a plan is adopted, the Town will
have greater control over its harbors. The Plan will have to go to 3 state
agencies for review and approval, as well as the Greenwich Board of
Selectmen and RTM.
e. On September 26, the First Selectman met with the Chairman of the Town’s
375th Anniversary Committee to discuss the events Ms. Strackbein is
organizing for the occasion. Events are slated to begin on January 1, 2015
and will end on Founder’s Day in July 2015.
f. Two University of Connecticut graduate students will be performing a
random survey sampling of 1000 residents in the next few weeks. The
surveys will be conducted over landline telephone calls.
g. Meetings regarding the upcoming 2015-2016 budget have begun. The First
Selectman has thought it prudent to refine the Capital Improvement
Program Projects Committee by including the POCD’s Plan Implementation
Committee. The joint committee will aid in assisting the First Selectman in
prioritizing the Town Departments’ and the Board of Education’s capital
requests. The joint committee will be meeting on October 8 to begin looking
at what is presently in this year’s budget. There will also be a public
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presentation and hearing at 7:00 p.m. on October 22 in the Town Hall
Meeting Room.
h. Greenwich was recognized as number 7 of the 20 safest municipalities in
Connecticut, as ranked by Safe Choice Security. Our Town is considerably
larger than the other 19 municipalities on the list, especially given our
geographic location and access to a major national transportation corridor
for both rail and highway. These statistics speak volumes for the men and
women serving in the Greenwich Police Department who keep us all safe.
i. The Town’s annual leaf collection period has begun. This year we will be
reverting back to two pickups. This program will be conducted over a 6-8
week period from mid-November to mid-December.
4. Old Business
a. Department of Parking Services – Request to make Permanent Residential
Parking Restrictions at Wessels Place
i. Rita Azrelyant, Director of Parking Services, presented this agenda
item. Ms. Azrelyant stated that in August 2013, residents of Wessels
Place submitted a petition to the Town of Greenwich for Residential
Parking restrictions. The Parking Services Director at that time
agreed to a six-month Residential parking pilot program that
restricted parking at Wessels Place to residents only, Monday to
Saturday from 9:00 a.m. to 5:00 p.m.
ii. The pilot program was implemented in September 2013 and
concluded in March 2014.
iii. The residents of Wessels Place would like to see the pilot program
transition to a permanent Residential parking restricted zone. Ms.
Azrelyant recommends the approval of their request.
iv. David Theis motioned to approve the request to make Permanent
Residential Parking Restrictions at Wessels Place, as presented.
Drew Marzullo seconded. The motion passed unanimously at 10:30
a.m.
5. New Business
a. Department of Parking Services – Handicap Parking Requests for
Pemberwick Parking Lot and Miller Lane
i. Rita Azrelyant stated that in an effort to provide the highest level of
accessibility, two locations were identified as poor and lacking spaces
for designated parking for individuals with disabilities.
ii. Pemberwick Parking Lot, located off Pemberwick Road (which abuts
the Glenville Volunteer Firefighter Company building), will be
improved with two spaces that are located on the shortest accessible
route of travel to an accessible building entrance.
iii. 1/3 Miller Lane, located in Riverside, will be improved with one space
(the first parking space in front of the Stop Sign).
iv. David Theis motioned to approve the handicap parking requests for
Pemberwick Parking Lot and Miller Lane, as presented. Drew
Marzullo seconded. The motion passed unanimously at 10:35 a.m.
b. Department of Public Works – Request for Temporary Road Closure and
Detour – River Road Bridge Deck Membrane Replacement
i. Frank Petise, Senior Civil Engineer, proposed a road closure and
detour route due to the River Road Bridge Deck Membrane project.
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ii. This project will consist of removing the existing pavement on the
bridge deck, applying a waterproof membrane on the concrete deck,
and paving the bridge decks.
iii. The construction project and road closure are expected to last three
business days between October 6 and October 17.
iv. Prior to closing the road, the Engineering Division will notify nearby
residents of the project commencement and activities through press
releases and notifications, as well as on the “Road Closures” link on
the Town of Greenwich website.
v. David Theis motioned to approve the request for temporary road
closure due to the River Road Bridge Deck Membrane Replacement,
as presented. Drew Marzullo seconded. The motion passed
unanimously at 10:37 a.m.
c. Connecticut Light and Power – Request for Temporary Road Closure and
Detour – Cognewaugh Road – October 14, 2014
i. Steven Jackson from Connecticut Light and Power presented a
request for road closure and detour route due to setting a pole and
performing the line work to shift facilities to the new pole. This pole
is currently a public hazard.
ii. The road closure will be centered around 333 Cognewaugh Road, and
will take place on October 14 for approximately 6 to 8 hours. The
rain date will be October 15.
iii. John Timm, of 78 Orchard Street, raised the issue of unsightly
“double poles.” Mr. Jackson will check to see if Mr. Timm's pole can
be removed. Verizon, Cablevision, AT&T, and Frontier all share
space within poles.
iv. David Theis motioned to approve the request for temporary road
closure on Cognewaugh Road due to CL&P’s pole work, as presented.
Drew Marzullo seconded. The motion passed unanimously at 10:46
a.m.
6. Appointments and Nominations
There were no appointments or nominations before the Board of Selectmen.
David Theis motioned to take up Agenda Item 8 prior to Executive Session. Drew
Marzullo seconded. The motion passed unanimously at 10:48 a.m.
David Theis motioned to take a short recess at 10:50 a.m. Drew Marzullo seconded.
The motion passed unanimously.
David Theis motioned to resume the meeting at 11:15 a.m. Drew Marzullo seconded.
The motion passed unanimously.
8. To discuss and take action on settlement agreement between Greenwich
Reform Synagogue, the Planning and Zoning Board of Appeals of the
Town of Greenwich and the Town of Greenwich concerning the grant of a
special exception use for a house of worship to be located at 92/96
Orchard Street, Greenwich, Connecticut
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b.
c.
d.
e.
f.
g.
h.
i.
i. Town Attorney J. Wayne Fox stated that this is a complex issue
that began due to a lack of action by the Zoning Board of Appeals
over the summer. As such, the Greenwich Reform Synagogue
instituted a federal lawsuit against the Town.
ii. There is now a distinct possibility of resolving this matter via a
settlement agreement between all parties involved.
Peter Tesei noted his condolences on the recent passing of Mr. Fox's
mother.
Drew Marzullo asked Counsel to distinguish why this legal item is in front
of the Board of Selectmen.
i. John Wetmore, Special Counsel, noted that there is one paragraph
in the settlement agreement that is applicable to the Board of
Selectmen. The paragraph in question is on Page 4, Paragraph B
(4B).
ii. 4B is the only paragraph that the Selectmen have jurisdiction to
vote on. The contents of the remainder of the settlement
document must be voted on by the Zoning Board of Appeals.
iii. In Summary, 4B states that there will be no administrative
impediments, throughout the land use permitting process, to the
Greenwich Reform Synagogue’s application.
iv. Mr. Wetmore said it is not the practice of our land use agencies to
inhibit actions.
Carol Swift, resident of Grove Street, Cos Cob, suggested that the Board
delete the word "expedite" from the agreement.
i. There should be reasonable efforts to process the synagogue's
application.
ii. Equal standing does not mean better standing.
Tracey Brown, of the Town’s Architectural Review Committee, is
concerned that by approving a settlement agreement, the Board of
Selectmen is circumventing the normal approval process.
i. The ARC is advisory to Planning and Zoning.
ii. The ARC did not approve this matter at their last meeting.
John Timm, resident of 78 Orchard Street, stated that approval should
only be for 92 Orchard Street, not 92/96 Orchard Street. Additionally,
Mr. Timm raised the issue of no formal agreement for parking.
John Wetmore responded that 96 Orchard Street can be stricken from the
document. It was included in the original application because the
Synagogue owns 96 Orchard Street as well.
i. Mr. Wetmore also responded that Counsel for the GRS has agreed
to strike “expedite” from the document.
Edward Glenn, resident of 74 Orchard Street, highlighted section 7 of the
agreement, which notes that the agreement should be interpreted in its
entirety. Mr. Glenn therefore asks the Board of Selectmen to look at the
document in its entirety, and not paragraph by paragraph.
John Wetmore answered that the Selectmen’s authority only relates to the
permitting section, 4B.
i. The Board of Selectmen cannot approve what is in the jurisdiction
of the Zoning Board of Appeals.
ii. GRS’ application will be processed in its normal course, and will
not receive unfair treatment nor preferential treatment.
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j.
k.
l.
m.
n.
o.
p.
Christopher von Keyserling, Chairman of RTM District 8, is concerned
about clarity. He asks if this is an agreement that would settle the
Religious Land Use and Institutionalized Persons Act (RLUIPA) lawsuit.
i. The burden of proof should be on the applicant, not the Town.
ii. Wayne Fox addressed Mr. von Keyserling’s comment. The answer
is that the RLUIPA lawsuit will be satisfied by the agreement.
Mr. Glenn asked if “law” means statutes of the State only.
i. Mr. Wetmore responded that “law” means all federal, state, and
local laws and regulations.
Sarah Littman, resident of 94 Valleywood Road, stated that the Zoning
Board of Appeals is meeting tonight at the same time as the Cos Cob
School open house. Ms. Littman has a petition of at least 20 residents
who cannot attend the ZBA meeting due to the open house, and who want
their opinions heard. She asks that the Board of Selectmen use their
influence to postpone the ZBA meeting to another night. She also feels
that the Town is settling with the GRS due to concerns of the great
expense of fighting a federal RLUIPA lawsuit.
Carol Swift asks if "laws" includes the POCD.
i. John Wetmore responded that the POCD is not a law. Greenwich
regulation includes as one of the criteria for granting a special
exception a review of the POCD.
John Eddy said that the State statute that requires the Town to have a
POCD says the POCD should be considered "as law."
i. Mr. Wetmore replied that as a Special Act Town for purposes of
planning, we are governed by the Special Acts and not State
statute. All criteria have to be met in order for a special exception
use be granted.
Drew Marzullo motioned to approve Page 4, Paragraph B of the draft
settlement agreement, dated September 24, 2014, as amended. Peter
Tesei seconds. David Theis opposed. The motion passed 2-1-0 at 12:08
p.m.
David Theis motioned to request the Zoning Board of Appeals postpone
their meeting for a week. There was no second. The motion failed at
12:14 p.m.
7. Executive Session
Drew Marzullo motioned to enter into executive session to discuss pending workers’
compensation claims and pending tax appeals. David Theis seconded. The motion
passed unanimously at 12:15 p.m.
Present in Executive Session were: Gene McLaughlin (Assistant Town Attorney),
Heather Porto (Outside Counsel), Tiffany Navarro (Workers’ Compensation
Administrator), Peter Mynarski (Comptroller), Mary Pepe (Director of Human
Resources), Mike Gillon (CIRMA), Gail McClellan (CIRMA), and Michael Rosen
(Executive Assistant to the First Selectman).
Drew Marzullo motioned to enter into public session at 12:58 p.m. David Theis
seconded. The motion passed unanimously.
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David Theis motioned to approve the recommended CIRMA settlement of Claim
Numbers 0570300914, 0570411384, and 0098491 for $45,000.00. Drew Marzullo
seconded. The motion passed unanimously at 12:59 p.m.
David Theis motioned to approve the recommended CIRMA settlement of Claim
Number 0083502 for $40,000.00. Drew Marzullo seconded. The motion passed
unanimously at 1:00 p.m.
David Theis motioned to approve the recommended CIRMA settlement of Claim
Numbers 950003061 and 0095715 for $40,000.00. Drew Marzullo seconded. The
motion passed unanimously at 1:01 p.m.
David Theis motioned to approve the settlement of Docket No. HHB CV136020676S, Putnam Trust Company and the Bank of New York Mellon v. Town of
Greenwich, as presented, with a credit of $47,700 to be applied against future tax
payments. Drew Marzullo seconded. Peter Tesei abstained. The motion passed 2-01 at 1:02 p.m.
David Theis motioned to approve the settlement of Docket No. HHB CV116024876S, Ammirati v. Town of Greenwich, as presented, with a credit of $6,035 to
be applied against future tax payments. Drew Marzullo seconded. The motion
passed unanimously at 1:02 p.m.
David Theis motioned to approve the settlement of Docket No. HHB CV116024897S, Harry E. Peden, II, Trustee for Jane and Vaughn Dunn v. Town of
Greenwich, as presented, with a credit of $13,716 to be applied against future tax
payments. Drew Marzullo seconded. The motion passed unanimously at 1:03 p.m.
David Theis motioned to approve the settlement of Docket No. HHB CV11-6024875S,
Yablon v. Town of Greenwich, as presented, with a credit of $12,995 to be applied
against future tax payments. Drew Marzullo seconded. The motion passed
unanimously at 1:03 p.m.
David Theis motioned to approve the settlement of Docket No. HHB CV116024880S, Feuerman v. Town of Greenwich, as presented, with a credit of $6,469 to
be applied against future tax payments. Drew Marzullo seconded. The motion
passed unanimously at 1:04 p.m.
Drew Marzullo motioned to approve the settlement of Docket No. HHB CV116024842S, Wells Fargo Bank, NA v. Town of Greenwich, as presented, with a credit
of $23,294 to be applied against future tax payments. Peter Tesei seconded. David
Theis abstained. The motion passed 2-0-1 at 1:05 p.m.
David Theis motioned to approve the settlement of Docket No. HHB CV116024874S, Jamieson v. Town of Greenwich, as presented, with a credit of $11,346 to
be applied against future tax payments. Drew Marzullo seconded. The motion
passed unanimously at 1:05 p.m.
Drew Marzullo motioned to reconsider Agenda Item 8, to clarify Selectman Theis’
vote. Peter Tesei seconded. The motion passed unanimously at 1:06 p.m.
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Drew Marzullo motioned to approve Page 4, Paragraph B of the draft settlement
agreement, dated September 24, 2014, as amended. Peter Tesei seconded. David
Theis abstained. The motion passed 2-0-1 at 1:09 p.m.
David Theis motioned to adjourn. Drew Marzullo seconded. The motioned passed
unanimously at 1:10 p.m.
The next regular meeting of the Board of Selectmen will be on Friday, October 24,
2014 at 12:00 p.m. in the Cone Conference Room.
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