Town of Greenwich, CT - RTM Explanatory Comments for September 15, 2008

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The Building Committee has voted to request additional funds in the amount of $500,000 to permit the completion of the Hamilton Ave. School. This request is the collaborative effort of the Building Committee, the Board of Education, and the First Selectman’s Office. Despite the best efforts of the School Building Committee additional funds are necessary to provide for numerous potential change orders (PCO’s) that are needed to meet requirements of the State Building code for the issuance of a Temporary Certificate of Occupancy (TCO) and ultimately, a Certificate of Occupancy (CO). Some of these PCO’s are in dispute with the builder and the Town’s obligation for payment will not be resolved until some later date. In order to permit the work to continue to completion it was deemed critical by the members of the Building Committee, the Board of Education and the Office of the First Selectman that the work be accomplished as expeditiously as possible. The issue of how many of these potential change orders are the Town’s obligation versus the responsibility of other parties will have to be determined at a later date by other bodies. However, in order to carry on it was viewed as essential that sufficient funds be available to permit the PCO’s to be authorized.

The above members also believed that the primary goal at this time was to reopen the Hamilton Ave. School as quickly as possible for the benefit of the children of the school and to lessen other costs that the Town is incurring as a result of the dispersion plan implemented for Hamilton Ave and Glenville schools. The Members of the Building Committee, the Office of the First Selectmen and the Board of Education support this request for additional funds and urges your concurrence.

The Department of Parks & Recreation respectfully requests that the members of the RTM accept a gift of $600,000 from the Junior League of Greenwich (JLG) to the Town. The total value of the renovated Bruce Park playground is $750,000, which includes the 2007-08 RTM approved appropriation of $150,000 from the Capital Improvement budget. The goal is for the renovated playground to be unveiled in the spring of 2009, when the JLG will be celebrating its 50^th anniversary of service in the Greenwich community.

In 1993, the JLG set out to enhance the playgrounds in Greenwich. The JLG’s “Playground Pals” initiative resulted in a partnership with the Town to renovate the playground at Bruce Park, for which the RTM accepted a $250,000 gift from the JLG in 1995.

At the time of the installation, the Bruce Park playground was considered state-of-the art and unique, and was one of the few playgrounds serving families with children of all age ranges from toddlers to pre-teens. Today, the Bruce Park playground is still one the largest, most frequently used playgrounds within the Town.

The JLG has become a member of the Boundless Playgrounds program. Boundless Playgrounds, founded in 1997 and based in Connecticut, is the first national, non-profit organization dedicated to helping communities create extraordinary playgrounds where all children, with and without disabilities, can develop essential skills for life as they learn together through play.

A Boundless playground isn’t just another playground. And it isn’t a playground just for children with disabilities. It is a new, modern playground designed for the needs of all children and how they play. The difference between a Boundless playground and a traditional playground is in the subtle design features that one might not notice, but that make a profound difference to a child or adult with special needs, such as:

Boundless Playground assists communities in vendor selection and playground design and certifies completed playgrounds as “Boundless.” There are more than 120 Boundless playgrounds in over 20 states and Canada and dozens more are currently in development.

For this project, the JLG hired TO Design LLC, a New Britain, CT-based landscape architecture and civil engineering firm whose associates are recognized for creating landscape designs that preserve and embrace natural features. Furthermore, TO Design is known for creating playgrounds that incorporate progressive, universally inclusive Boundless features. Key characteristics of the newly designed playground are:

Further, the JLG has also added an important partner to the project, The United Way of Greenwich. The United Way is marking their 75^th anniversary in serving the Greenwich community. In celebration of this important anniversary, United Way is joining the JLG on this project, which demonstrates both the JLG and United Way’s commitment to many common causes, including children and the elderly. Thus, the United Way has matched the JLG contribution sum of $150,000.

In July 2008, the Planning and Zoning Commission unanimously approved Municipal Improvement status and the final site plan for the renovation at the Bruce Park playground. Prior to the Planning and Zoning Commission’s approval, in April 2008, the Board of Selectmen granted Municipal Improvement status for the project, also in April 2008 the Board of Parks and Recreation granted its formal approval as well.

WHEREAS, the Town of Greenwich has published a legal notice display ad, mailed a news release to a number of officials and agencies, and mailed a formal letter to abutting property owners, announcing a public information meeting on the proposed STP Rural Minor Transportation project known as Riversville Road Bridge Reconstruction, Town Project No. 05-13; and

WHEREAS, the Representative Town Meeting (RTM) has considered the concerns of the residents from the public informational meeting and finds that the proposed Riversville Road Bridge Reconstruction is in the best interest of the Town of Greenwich, and will promote the health, safety and general welfare of its residents and provide for convenience and safety of the motoring public.

Interim funds are being requested to cover the architectural redesign and construction contingency to undertake the rehabilitation of the Art Barn. The Art Barn is located on Lower Cross Road next to the Parkway School and is used by GEMS as a remote response location.

The rehabilitation of the Art Barn has a long history. The first request for funds, $500,000, was part of the FY04/05 budget. Because of issues with the Parkway School well, which serves both the school and the Art Barn, the project was delayed until the school wells were brought up to code.

The first request for bid for the actual rehabilitation occurred in December 2005 and this plan called for demolishing portions of the building to reduce the square footage and then rehabilitate the remaining structure. Because the existing building was designed for a different use, major alterations had to be undertaken for it to accept the GEMS function. The resulting plan, which totally renovated the interior, left many of the areas in a non-conforming state as compared to present day standards. The subsequent competitive bid to undertake this work came in at $965,000 and was nearly 100% over the original estimate.

In an effort to reduce the cost of the project, a plan was devised to replace the existing structure with a new building at the proper square footage. The estimated cost of this new option, $880,000, was lower than the bid value of original rehabilitation plan while providing a modern conforming structure.

An additional appropriation for $380,000 was approved as part of the FY07/08 budget to provide funds to undertake the new plan. Unfortunately, this new plan, which included demolition of the existing structure, met with opposition due to the building’s age. DPW met with the Historic District Commission to work out a compromise. In September 2007, a plan was agreed upon to demolish all of the existing building additions except the large barn structure which would be rehabilitated and connected to a new two bay vehicle garage.

This plan was competitively bid in June 2008; the low bid came in at $861,689. The account status of the project has minimal funds remaining and requires at least a 20% contingency fund to cover any construction change notices that may be encountered. Further, the architectural service for the redesign effort requires an additional $26,300.

RESOLVED, that the Representative Town Meeting of the Town of Greenwich hereby approves such provisions of the tentative collective bargaining agreement between the Board of Education and the Public Service Employees Local, 136, of Laborers International Union of North America AFL-CIO for the period covering July 1, 2007 through June 30, 2010, if any, which may be in conflict with any charter provisions, special act, ordinance, rule, or regulation of the Town of Greenwich within the meaning of Connecticut General Statutes, Section 7-474.

WHEREAS in order to provide the RTM the opportunity to both comment upon the tentative agreement for the period covering July 1, 2007 through June 30, 2010, and to express its approval or disapproval prior to the Board’s acting on the agreement, the Board proposes the following RTM sense of the meeting resolution:

The second Sense of the Meeting Resolution provides an opportunity for RTM involvement even though the Connecticut MERA (Municipal Employees Relations Act) act gives the BOE the authority to approve the agreement. This BOE feels strongly that, as part of the Town’s political and financial checks and balances system, it is necessary and proper that the RTM have the opportunity to provide input on the contract before it is approved by the BOE. At its regularly scheduled meeting on August 28^th the BOE will consider a Sense of the Meeting Resolution in support of the proposed contract. Pending additional input from the RTM, approval of an RTM Sense of the Meeting Resolution, and RTM approval of a second resolution addressing certain contract provisions, the Board of Education would then consider final approval of the contract at its regular September 25^th meeting.

b) To recognize and appreciate that trees produce oxygen, capture carbon dioxide from the atmosphere, provide air purification, prevent soil erosion, control flooding, assist in water purification, contribute to the quality of life by providing cooling shade, provide habitat for wildlife, reduce noise levels, and aesthetically enhance the landscape.

d) To protect the people in the Town of Greenwich from personal injury and property damage caused by the improper planting, maintenance, protection or removal of trees and shrubs located within the Town of Greenwich. To protect property values by maintaining a healthy and vigorous community forest.

a) Tree Warden (aka Town Forester): The Greenwich Tree Warden shall be the Superintendent of the Parks & Trees Division of the Department of Parks & Recreation, and shall have all the powers, duties and authority provided by Connecticut Public Shade Tree as may be amended and Town of Greenwich Tree Ordinance. The term Tree Warden may also refer to any appointed Deputy Tree Warden working for or reporting to the Tree Warden.

b) Deputy Tree Warden (aka Assistant Town Forester): The Greenwich Deputy Tree Warden shall be appointed by the Tree Warden. The Deputy Tree Warden may be the Tree Operations Manager of the Parks and Trees Division and/or any other suitable person the Tree Warden deems reasonable and appropriate.

c) Urban / Community Forest: The natural and dynamic resource of all Town-owned trees upon street right-of-ways, parks, school campuses, open space properties, and grounds of Town facilities taken collectively comprise the Town’s Urban / Community Forest.

i) Arboricultural Specifications and Standards of Practice (hereinafter, “Arboricultural Specifications and Policy Manual”). A manual prepared by the Tree Warden pursuant to the ordinance containing regulations and standards for the planting, maintenance, removal and the protection of trees, shrubs and other plants upon Town-owned property

l) Public Nuisance: Any tree, shrub or other vegetation “which is hazardous or injurious to the public health, safety and welfare or which causes substantial depreciation in the value of real property in the neighborhood” (as defined in Town of Greenwich Nuisance Ordinance).

b) The Tree Warden shall prepare and implement The Urban Forestry Management Plan based on a detailed tree inventory on Town-owned property. The management plan will identify and prioritize site-specific tree planting, maintenance and removal activities within a multi-year time frame.

a) The Tree Warden shall serve as liaison to the Board of Selectmen, Land Use Department, Planning, Conservation Commission, Inland Wetlands Agency, Architectural Review Committee, and the Department of Public Works on all matters relating to individual trees and forest resources, and may provide technical assistance as appropriate.

a) Any public utility maintaining any overhead wires or underground pipes or conduits shall obtain permission from the Tree Warden before performing any maintenance work on the wires, pipes, or conduits which would cause injury to street trees. The public utility shall in no way injure, deface, prune, or scar any street tree until their plans and procedures have been approved by the Tree Warden.

(a) No person shall plant any tree, bush or shrub within the limits of any ~~public highway~~ town-owned property without having first obtained a permit to do so from the Tree Warden. Written application for such permission shall be made to the Tree Warden setting forth the size, species, type and location of each tree, bush or shrub, for which such permission is requested.

(b) The Tree Warden shall consider the effect of planting the specified trees, ~~bushes~~ or shrubs upon the general welfare of the community and upon the present and future use, safety, maintenance, development and improvement of ~~the highway~~ town-owned property for all lawful purposes.

(a) No person shall plant any tree, bush or shrub within the limits of any ~~public highway~~ town-owned property without having first obtained a permit to do so from the Tree Warden. Written application for such permission shall be made to the Tree Warden setting forth the size, species, type and location of each tree, ~~bush~~ or shrub, for which such permission is requested.

(b) The Tree Warden shall consider the effect of planting the specified trees, bushes or shrubs upon the general welfare of the community and upon the present and future use, safety, maintenance, development and improvement of the ~~highway~~ town-owned property for all lawful purposes.

Nothing in this Article and no permit granted pursuant to this Article shall be deemed to prejudice any rights which the town may now or hereafter have with respect to trees, ~~bushes~~ and shrubs planted within the limits of ~~the public highways of the town~~town-owned property.

Except as otherwise provided herein, no person shall cut, trim, prune, remove, injure or interfere with any tree, shrub or cultivated plant, including the branches, trunk root system or crown thereof, in whole or in part, within the limits of any public road, park or public grounds in the Town of Greenwich without a permit from the Tree Warden.

Permits are issued in conformity with the General Statutes. Application for permits must be made on application forms provided for such purpose by the Tree Warden. Permits expire thirty (30) days after the date of issue unless otherwise noted thereon by the Tree Warden.

(b) Any person who unlawfully or willfully removes, prunes, injures or defaces any tree or shrub within the limits of a public way or public grounds without proper authority shall be fined not more than one hundred dollars (100.) for each separate offense and shall be liable civilly for damages [Connecticut General Statutes, Section 23-65(b)].

(d) Any person who affixes to a telegraph, telephone, electric light or power pole, tree, shrub, rock or other natural object in any public way or grounds a playbill, picture, notice, advertisement or other similar thing or cuts, paints or marks any tree, shrub, rock or other natural object or uses climbing spurs for the purpose of climbing any tree within the limit of any public highway or grounds shall be fined not more than fifty dollars ($50.) for each offense. Each affixing, cutting, painting, marking or climbing shall be considered a separate offense [Connecticut General Statutes, Section 23-65(a)].

(e) The fixing of any playbill, picture, notice, advertisement or other similar thing concerning the business or affairs of any person, firm or corporation to a tree, shrub, rock or other natural object within the limits of any public way or grounds by an agent or employee of such person shall be deemed to be the act of such person, and such person, or any member of such firm or any officer of such corporation, as the case may be, shall be subject to the penalty therein provided, unless such act is shown to have been done without his knowledge or consent [Connecticut General Statutes, Section 23-65(d)].

(f) The affixing of each individual playbill, picture, notice, advertisement or other similar thing to a tree, shrub, rock or other natural object or the willful removing, pruning, injuring or defacing of each tree or shrub shall constitute a separate violation. Nothing in this section shall affect the authority of the Tree Warden to remove, prune or otherwise deal with a tree or shrub under his jurisdiction [Connecticut General Statutes, Section 23-65(e)].

a. Public Property: The Parks and Trees Division shall evaluate the dead, diseased or structurally damaged tree as to the degree of hazard. This evaluation may be made by using the standards as set out in the Arboricultural Specifications and Policy Manual. Dead, diseased or structurally damaged public trees that pose a safety or health risk to the public or to other trees shall be removed by the Department of Parks & Recreation, Parks and Trees Division in a timely manner.

Private Property: Any tree or part of tree that poses an unreasonable risk to the public right-of-way or public property and is determined to pose imminent threat to the public health, safety or welfare by the Tree Warden shall be determined to be a ‘public nuisance’ and is to be abated by the Town in accordance with the Town of Greenwich Nuisance Ordinance as stated in Chapter 6C of the Town of Greenwich Municipal Code.

Trees in Greenwich which occupy the Town’s roadsides, parks, school campuses and other Town properties are a valuable natural resource. These trees are assets worthy of preservation, protection and proper management. The intent of the ordinance is to provide for a long-term program for the protection, care and management of these assets.

The proposed ordinance is an amendment to the current ordinance pertaining to Trees and Vegetation (Chapter 13 of the Greenwich Municipal Code). An update of the Code is needed as the current version is outdated and incomplete. The changes consist of additions to the current Code, as well as amendments to the sections which have been retained. The changes reflect the current practices to maintain a high standard of management of Greenwich’s Community Forest for future generations.

The Tree Ordinance will also create an Arboricultural Specifications and Policy Manual, which is a guidebook prepared by the Tree Warden containing standards for the planting, maintenance, removal and protection of trees, shrubs and other plants on Town-owned property.

The ordinance pertains to Town-owned trees, with one exception. It provides for the protection of the public and of public property from dangerous trees on private property. The ordinance directs that these matters would be addressed under the parameters set by the Town’s Nuisance Ordinance.

We respectfully request permission to accept an $8,000 monetary donation from Greenwich Emergency Medical Services to be used towards the purchase and installation of a crane. The crane will be installed on Police Boat #124 and will be used to remove injured persons from the water.

GEMS paramedics accompany our marine personnel on weekends, holidays, and special events and recognize the need for a crane. This device will allow personnel to safely extract patients from the water without causing further injuries. GEMS has graciously offered to contribute $8,000 to assist in acquiring the crane.

In September of 2006 the Department received approval to transfer $14,000 from the Federal Asset Forfeiture account to purchase a Hydraulic Marine Davit; however, we were unaware that amount did not allow for installation. Since that time costs for materials have increased, and the currency exchange rate versus the Canadian dollar has worsened.

The total amount required for purchase of the crane, including shipping and installation, is $24,939. The combined funding from GEMS and the Police Department will leave a shortage of approximately $2,939, which will be absorbed by the Marine Section maintenance account.

NOW, THEREFORE, BE IT HEREBY ORDAINED, that the Representative Town Meeting of the Town of Greenwich hereby approves the ordinance attached hereto and made a part hereof to abate certain real and personal property taxes due by a nonprofit land conservation organization.

For transfers on or after July 1, 2008, of property exempt or that became exempt by reason of its acquisition by a nonprofit land conservation organization, under § 12-81(7) of the Connecticut General Statutes and Section 12-1 of the Municipal Code of the Town of Greenwich, the real and personal property taxes due for any portion of a tax year paid or payable by a nonprofit land conservation organization shall be abated, even if the real and personal property taxes were due for a period before the date of acquisition but were paid or became payable subsequent to the date of acquisition, but in no case shall delinquent taxes or interest thereon be abated.

In June 2007, the State Legislature enacted Public Act 07-170 (a copy of which appears at the end of these Explanatory Comments) which allows a municipality, “upon approval by its legislative body, to abate real or personal property taxes due for any portion of a tax year or the interest on delinquent taxes with respect to any tax paid by a nonprofit land conservation organization that were due for a period before the date of acquisition but which were paid subsequent to the date of acquisition.” This legislation is applicable to assessment years commencing on or after October 1, 2007.

Taxes in Greenwich are assessed every year for the period October 1 to September 30. This is the Assessment Year. The Town’s Fiscal Year runs from July 1 to June 30. Payments on tax bills for an Assessment Year are due and payable during the following Fiscal Year in two installments – the first payment is due on July 1 and the second payment is due on the following January 1.

However, although the mill rate will not be set until the RTM adopts the budget in the following May 2008 and the taxes will not become due until the following July 2008 and January 2009, a tax lien arises on October 1, 2007, and the owner of the property is liable for the taxes from October 1, 2007. Interlude, Inc. v. Skurat, 266 Conn. 130, 141, 831 A.2d 235 (2003).

The Connecticut General Statutes provide tax exemptions for certain types of organizations. Section 12-81(7) of the General Statutes provides an exemption for property used for scientific, educational, literary, historical or charitable purposes. Land trusts acquiring or owning property qualify as one of the types of organizations pursuant to General Statutes § 12-81(7).

Greenwich has adopted an ordinance on property tax exemptions pursuant to General Statutes § 12-81. See Greenwich Municipal Code, Chapter 12, Article 1. Under the Town ordinance, a land trust can apply for a property tax exemption pursuant to General Statutes § 12-81(7). If the Assessor determines that the property acquired by the land trust is entitled to the exemption, the property acquires tax exempt status from the date the land trust acquires the property. From that date forward, no taxes are assessed on the property as long as it continues to qualify for the exemption. However, the land trust still owes any taxes on the property that were assessed prior to the transfer of the property, even though the taxes may not be payable until after the date of acquisition. This tax treatment was required by the Interlude case described below, which Connecticut Public Act 07-170 addresses. Examples of this process are set forth below.

The proposed ordinance would provide relief to land trusts from Greenwich real and personal property taxes in that it would abate those taxes that become payable on a date following the transfer of property to the land trust, even if such taxes were assessed for a period prior to the date of transfer of property to the land trust.

Public Act 07-170 was passed in response to the Connecticut Supreme Court’s decision in 2003 in the case of Interlude, Inc. v. Skurat, 266 Conn. 130, 831 A.2d 235 (2003). In Interlude, taxes were assessed on October 1, 1991 for the Assessment Year from October 1, 1991 through September 30, 1992. These taxes were payable in quarterly installments on July 1, 1992, October 1, 1992, January 1, 1993 and April 1, 1993. The first installment due July 1, 1992 was paid. Thereafter, a nonprofit organization acquired the property on September 24, 1992. The installments due October 1, 1992, January 1, 1993 and April 1, 1993 were not paid. All of these installments became due after the exempt organization acquired the property, but all had accrued before the acquisition.

The Supreme Court held that the exempt organization was liable for the unpaid taxes because General Statutes § 12-81b provides only for an exemption from taxes assessed after the date of acquisition of property by a qualifying organization. Any taxes assessed prior to the date of acquisition must be paid even if the payment date is some time after the date of acquisition. Public Act 07-170 was enacted to avoid this result and, if approved by local ordinance, will allow land trusts and similar organizations to be able to abate taxes assessed prior to the date of acquisition.

The practice in Connecticut, including the Town of Greenwich, prior to Interlude had been to abate all taxes assessed prior to the date of acquisition in addition to granting tax exempt status going forward from the date of acquisition. The Supreme Court’s decision in Interlude put an end to that practice. The proposed ordinance, if adopted pursuant to Public Act 07-170, would bring back the longstanding practice that was in place prior to Interlude.

Public Act 07-170 uses the term “nonprofit land conservation organization.” However, “nonprofit land conservation organization” is not a defined term in the General Statutes. Legislative history indicates that this term was intended to include land trusts and similar land conservation groups. A similar term that is used in the General Statutes under section 47-6b is “nonprofit land-holding organization” which means a nonprofit corporation having as one of its principal purposes the conservation and preservation of land, including, but not limited to a land trust. However, since the legislature has used the term “nonprofit land conservation organization,” the same term is used in the proposed ordinance.

As per the Town Assessor’s Office, the following organizations in Town currently qualify for tax exempt status as land trusts and similar organizations: Greenwich Council of Boy Scouts, Inc., Greenwich Land Trust, Inc., National Audubon Society, Inc., Nature Conservancy of Connecticut, Inc. and Stamford Land Conservation Trust, Inc.

Public Act 07-170 allows for an abatement of real and personal property taxes as well as the interest on delinquent taxes. The proposed ordinance allows for the abatement of real and personal property taxes but does not include a provision for the abatement of interest on delinquent taxes. Therefore, if the prior owner had failed to pay taxes when due and those taxes had become delinquent, the delinquent taxes are not abated and remain due and payable even after acquisition by a land trust.

Public Act 07-170 is effective only for assessment years starting on or after October 1, 2007. Taxes for the 2007 assessment year are due on July 1, 2008 and January 1, 2009. Therefore, since July 1, 2008 would be when the first tax bill for the 2007 assessment year would be due, the proposed ordinance is drafted so as to apply to transfers of property to a land conservation organization that take place on or after July 1, 2008.

Section 1. (NEW) (Effective from passage and applicable to assessment years commencing on or after October 1, 2007) Any municipality may, upon approval by its legislative body, abate the real or personal property taxes due for any portion of a tax year or the interest on delinquent taxes with respect to any tax paid by a nonprofit land conservation organization that were due for a period before the date of acquisition but which were paid subsequent to the date of acquisition.

That the Conservation Commission is authorized to accept grants and donation of monies and to collect monies from the sales of its publications that all monies received may be added to the appropriate account upon appropriation by the Board of Estimate and Taxation and the Representative Town Meeting, if necessary under Section 30 of the Charter, to be used by the Commission to publish natural resource books, maps, reports, and pamphlets, to erect bird nest-boxes, to manage nesting habitats of endangered and threatened species, and to undertake other appropriate habitat management pursuant to C.G.S. §7-131 a(b); and

The Conservation Commission and Audubon Connecticut have been working in partnership to develop a management plan for the heron rookery on Great Captain’s Island. GCI is recognized by Audubon as an Important Bird Area and by CT DEP as an important wading shorebird nesting site. It is one of the largest heron rookeries in Long Island Sound. The $5,000 grant was awarded to the Town by Audubon as part of their commitment to the IBA program. (see attached grant) The grant will be used to do a vegetative survey of the island to aid in the development of the management plan. Audubon approved grant request 6/26/2008.


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