(A) Pursuant to § 40 of Public Act No. 00-148, the town hereby establishes a Route 11 Greenway Authority Commission, which shall be deemed to be established at such time as the last of the four towns of East Lyme, Montville, Salem and Waterford has adopted an ordinance consistent with Public Act 00-148, § 40, subsections (a), (b) and (c).
(B) The membership of said commission shall consist of the Commissioner of Environmental Protection or said Commissioner’s designee, the Commissioner of Transportation, or said commissioner’s designee, a member and alternate member from each of the towns of East Lyme, Montville, Salem and Waterford, appointed by the First Selectman of said towns, and a member and alternate member of the Southeastern Connecticut Council of Governments appointed by said agency.
(C) Each member and alternate member of the Commission shall serve for a term of two years and until such member’s successor is appointed and has qualified. Such appointments shall take effect when the last of the four towns has adopted an enabling ordinance. An alternate member shall be empowered to vote on said Commission in the absence of the member for whom such person is an alternate. The initial terms of members shall commence when the last of the four towns adopting such ordinance has appointed a member and an alternate member. Any vacancy on the Commission shall be filled in the same manner as the original appointment for the balance of the unexpired term. No appointed member shall receive any compensation for service on said commission. Said Commission shall elect from its members a Chairperson and such other officers as it deems necessary and shall establish its own rules and procedure.
(D) The Commission shall be an autonomous body within the Department of Transportation for administrative purposes only. The Commission may employ experts and such other assistants as it judges necessary and may accept funds from any source. Notwithstanding any other provision of the General Statutes, any funds appropriated to the Commission received by the Commission from any other source shall be held in the custody of the Commission and expended by the Commission for the purposes set forth in § 40 of Public Act No. 00-148.
(E) The Commissioner of Environmental Protection and the Commissioner of Transportation, not later than 60 days after the effective date of the enabling ordinance adopted by the last of the four towns to adopt such an ordinance, shall call a meeting of the Commission which shall, within 90 days thereafter:
(1) Hold public hearings for the purpose of developing standards for:
(a) Defining the boundaries of the Route 11 Greenway;
(b) Planning the design, the construction, maintenance and management of the Route 11 Greenway trail system and intermodal transportation access system;
(c) Identifying and prioritizing land that should be added to the Route 11 Greenway;
(d) Recommending land use within the Route 11 Greenway; and
(e) Acquiring land and securing conservation easements for the Route 11 Greenway, except that nothing in the Act shall be construed to prohibit the acquisition of land within the Route 11 Greenway by a municipality.
(2) Establish bylaws by which the Commission shall:
(a) Conduct its meetings, including a provision specifying that no action by the Commission shall be effective except by the concurring votes of at least four members;
(b) Protect and preserve lands under its custody;
(c) Supervise staff;
(d) Maintain its records; and
(e) Report to the General Assembly, as required by § 40 of Public Act No. 00-148.
(F) Notwithstanding any other provision of § 40 of Public Act No. 00-148 or the General Statutes, the Commission may:
(1) Acquire or convey by purchase, gift, lease, devise, exchange or otherwise, any land or interest therein including, but not limited to, conservation easements, located wholly or partly in the conservation zone, provided such acquisition does not utilize funds furnished by the state;
(2) Transfer, with the approval of the Commissioner, any land or interest therein to the state with or without consideration, provided any funds received therefore shall not be deemed funds furnished by the state for purposes of this section; and
(3) Contribute or transfer funds to, and enter into agreements with, land trusts or other conservation organizations, to carry out the purposes of § 40 of Public Act No. 00-148.
(G) The Commission shall report to the General Assembly, on or before February 15 annually, on its activities of the preceding year and on its finances.
(H) The existence of the Commission shall terminate at such time as all of its member towns have withdrawn or is abolished by the General Assembly.
(Ord. passed 10-4-2000)
Editor’s note:
TM Volume 22, page 54