As used in this chapter, the following terms shall have the meanings indicated:
All property, real and personal, owned or leased by the Town of Monroe, or property in which the Town of Monroe has otherwise acquired an interest.
[HISTORY: Adopted by the Town Council of the Town of Monroe 10-21-1969 (Ch. 98 of the 1976 Code). Amendments noted where applicable.]
No property shall be acquired by the Town of Monroe or by any board, commission or agency thereof by gift or devise except with the approval of the Town Council. When the Council accepts property which has been given to the Town for any purpose, proper acknowledgement of the gift shall be made by the Chairman of the Town Council to the donor.
[Amended 4-13-1992]
All Town property shall be under the general direction and supervision of the First Selectman to coordinate programs and to promote the general policies and interests of the Town. However, all commissions, boards and agencies established in the Town of Monroe shall have, as to such Town property, all of the powers, possess all the rights and perform and be subject to all of the duties wherever enumerated in the General Statutes of the State of Connecticut or in the Charter or ordinances of the Town of Monroe and in any future amendments of such stated sources of power and duties. Nothing herein shall prevent the First Selectman from delegating the aforesaid general direction and supervision to a specific commission, board or agency.
[Amended 4-13-1992[1]]
Whenever any Town property or portion thereof is under the immediate jurisdiction of any board or commission or agency charged with the responsibility for the preservation and protection or use of such Town property, such board or commission or agency shall make regulations to render effective the policy of the Town as declared in § 478-6 hereinafter and to provide for the maintenance of order on and the safeguarding and use of such property, subject to the general direction and supervision of the Director of the Public Works. All such regulations shall be submitted to the Town Council, and those approved by the Council shall be effective 10 days after they are published in a newspaper having circulation in the Town of Monroe.
[Amended 4-13-1992]
The First Selectman shall establish and keep an inventory account and shall annually, not later than the first Monday in March, transmit to the Town Council a detailed inventory, as of January 31, of all property, real or personal, owned by or leased to the Town of Monroe or in which the Town has otherwise acquired an interest. Said inventory shall show the name of the department, board, commission or agency having custody of such property.
[Amended 4-13-1992]
A.
Policy of the Town. It is the policy of the Town of Monroe as declared hereby that control of the local environment is best achieved as a function of Town government and that the focus for environmental control is open space and that there shall be, consistent with comprehensive planning, an adequate open space acquisition and development program for the Town and that open space programming shall be concerned with all facilities used to meet outdoor recreation, park, scenic, conservation, historic preservation and other open space objectives and needs of the Town.
B.
Federal and state laws. All of the current provisions of §§ 7-131a through 7-131l of the Connecticut General Statutes and all of the current provisions of the Open Space Land Program under the Housing and Urban Development Act of 1965 by the Congress of the United States and the Land and Water Conservation Act of 1965 by the Congress of the United States, and the provisions in any future amendments of such statutes and acts or in any future similar plans designed to replace such statutes and acts, are incorporated herein and made a part hereof as if set forth herein at length. Although the Town of Monroe may acquire open space land by condemnation as well as by other methods under § 7-131b, it shall make every reasonable effort to acquire each property by negotiated purchase before instituting condemnation proceedings against the owner of the property. "Every reasonable effort to acquire each property by negotiated purchase" means that the Town, directly or through its real estate agent, shall make a diligent, conscientious effort to induce the owner to accept a fair and proper price for his property, and if that effort is unsuccessful, the Town shall make a final offer to the owner in writing. The final offer shall include an invitation to discuss the acquisition of his property with the Town, afford a reasonable period of time for the owner to accept or reject the invitation and include a notification of the date on which the Town intends to institute condemnation proceedings if agreement cannot be reached on the purchase of the property within the time specified.[1]
C.
Applications for grants-in-aid. The Town Council of Monroe shall retain the authority unto itself to make any and all applications and sign all documents necessary to obtain grants-in-aid under the open space acquisition and development program.
D.
Treasurer to receive funds. The Treasurer of the Town of Monroe is directed to receive all funds granted pursuant to the aforesaid applications and to hold the same separate from all other funds of the Town.
E.
Disbursement of funds. Such funds shall be disbursed by said Treasurer, upon voucher of the First Selectman, under the direction of and subject to any regulations of the Town Council as to the use of such funds.
F.
Action by Chairman of Town Council. The Chairman of the Town Council is authorized to act in the absence or inability to act of either the First Selectman or the Treasurer but not in the event of the absence or inability of both the First Selectman and the Treasurer.
G.
Advisory commission. The Chairman of the Town Council may designate and establish such advisory commission or commissions as may be required as a condition of eligibility for benefits under any federal or state law, as a consultant for any commission, board or agency of the Town in carrying out the purposes of said law. The Chairman of the Council shall designate the chairman of any such commission, and each member of the commission shall serve at the pleasure of the Chairman of the Council. Members shall receive no compensation but shall receive necessary expenses when engaged in commission matters.[2]
Any person who commits any of the following acts shall be guilty of a misdemeanor:
[Amended 6-24-1985[1]]
Each violation of any of the foregoing provisions of § 478-7 shall be deemed a separate offense. Any person guilty of such violation shall be fined not more than $200 or imprisoned not more than 60 days, or both, for each offense. However, any person who wantonly, willfully or maliciously violates any provision of § 478-7 shall be fined not more than $500 or imprisoned not more than six months, or both, for each violation committed in such manner. As an additional penalty for any violation of the foregoing provisions of said section which results in injury to or destruction of property of the Town of Monroe, judgment with costs shall be entered for the Town of Monroe and against the guilty party or parties at the time of the disposition of the criminal offense for the sum of money necessary to repair or replace said injured or destroyed property.