The legislative body of the town hereby adopts the following section, entitled “Establishment of a Route 11 Greenway Authority Commission.”
(A) In accordance with the provisions of subsections (a), (b) and (c) of § 40 of Public Act 00-148, Substitute House Bill No. 5204, being Conn. Gen. Stat. § 13a-142e, a Route 11 Greenway Authority Commission is hereby established, at such time as all the Towns of East Lyme, Montville, Salem and Waterford shall have adopted ordinances consistent with the provision of subsections (b) and (c) of § 40 of said Public Act.
(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 each of said towns, and a member and alternate member of the Southeastern Connecticut Council of Governments appointed by said agency. Each member and alternate member shall serve for a term of two years and until such member’s successor is appointed and has qualified. Such appointment 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 an enabling 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.
(1) Said Commission shall elect from its members a chairperson and such other officers as it deems necessary and shall establish its own rules of procedure. 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.
(2) Notwithstanding any other provision of the state statutes, any fluids appropriated to the Commission, or received by the Commission from any other source, shall be held in custody of the Commission and expended by the Commission for the purposes set forth in this section.
(C) 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 such Commission which shall, within 90 days thereafter:
(1) Hold public hearings for the purpose of developing standards for:
(a) Defining the initial boundaries of the Route 11 Greenway;
(b) Planning the design, construction, maintenance and management of the Route 11 Greenway trail system and intermodal transportation access system;
(c) Identifying and prioritizing lands that shall 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 this 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 vote of at least four members;
(b) Protect and preserve the lands under its custody;
(c) Supervise staff;
(d) Maintain its records; and
(e) Report to the General Assembly, as required under division (D) below.
(D) Notwithstanding any other provision of this section of the state 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) The state with or without consideration, provided any funds received thereof 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 this act. 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. The existence of the Commission shall terminate at such time as all of its member towns have withdrawn or it is abolished by the General Assembly.
(Ord. passed 9-27-2000)