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REPRESENTATIVE TOWN MEETING
TOWN OF GREENWICH
EXPLANATORY COMMENTS FOR
JUNE 2009 MEETING
DEPARTMENT: Selectmen
CONTACT: Peter Crumbine 622-7710
REFERRED TO: Appointments, Parks & Recreation Committees
VOTES: Board of Selectmen 2-1-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Board of Parks and Recreation for a term beginning 4/1/09 and expiring 3/31/10.
CATHERINE WEISENBURGER
Explanatory Comments
Catherine Weisenburger. 354 Stanwich Road, Greenwich. New nomination as a member of the Board of Parks and Recreation for a term beginning 4/1/09 and expiring 3/31/10/
BS Accounting, Virginia Tech. Worked on Greenwich High School Sports Foundation, Greenwich Baseball Foundation and Middle School Sports Committee. Currently, GHS PTA Board, GHSSF Board and Family Centers Board.
DEPARTMENT: Selectmen
CONTACT: Peter Crumbine 622-7710
REFERRED TO: Appointments, Land Use Committees
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed an alternate member of the Historic District Commission for a term beginning 4/1/09 and expiring 3/31/14.
PATRICIA DILLON
Explanatory Comments
Patricia M. Dillon. 12 Pintail Lane, Greenwich. New nomination as an alternate member of the Historic District Commission for a term beginning 4/1/09 and expiring 3/31/14.
Boston College – B.S.; London School of Economics and Political Science Dpl.; Columbia University Doctoral Program; New York Law School J.D. ; Parsons School of Design.
President of Putnam Art Advisors, Inc. Volunteer – the Historical Society, Museum Assessment Project and the Greenwich Land Trust – Board of Directors
DEPARTMENT: Selectmen
CONTACT: Peter Crumbine 622-7710 First Selectman
REFERRED TO: Appointments, Land Use Committees
VOTES: Board of Selectmen 3-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Planning and Zoning Commission for a term beginning 4/1/09 and expiring 3/31/12.
RICHARD MAITLAND
EXPLANATORY COMMENTS
Richard Maitland. 2 Tomney Road, Greenwich. Renomination as a member of the Planning and Zoning Commission for a term beginning 4/1/09 and expiring 3/31/12.
Bach./Arch, Master/Architecture. Retired – Maitland/Strauss Architects. Member of Central/Eastern Middle School Building Committee. P & Z representative on High School Auditorium Building Committee.
DEPARTMENT: Selectmen
CONTACT: Peter Crumbine 622-7710
REFERRED TO: Appointments, Land Use Committees
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Inland Wetlands and Watercourses Agency for a term beginning 4/1/09 and expiring 3/31/12.
ELLIOT R. BENTON
Explanatory Comments~
Elliot R. Benton. 28 Glenville Road, Greenwich. New nomination as an alternate member of the Inland Wetlands and Watercourses Agency for a term beginning 4/1/09 and expiring 3/31/12.
Cornell University – B.S., M. Eng. (Electrical); Harvard University MBA. Semi-retired, M&A Consulting.
DEPARTMENT: Selectmen
CONTACT: Peter Crumbine 622-7710
REFERRED TO: Appointments, Land Use Committees
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed an alternate member of the Inland Wetlands and Watercourses Agency for a term beginning 4/1/09 and expiring 3/31/13.
BRIAN HARRIS
Explanatory Comments~
Brian Harris. 15 Spring Street, Riverside. New nomination as an alternate member of the Inland Wetlands and Watercourses Agency for a term beginning 4/1/09 and expiring 3/31/12.
Master of Architecture – Columbia University Graduate School of Architecture, Bachelor of Arts, Cornell University, MBA, Columbia University Business School.
Presently, architect with Perkins + Will, LLC, New York, NY
DEPARTMENT: HEALTH 0906HD
REFERRED TO: Health & Human Services, Legislative & Rules Coommittees
VOTES: Board of Health (5/5/0)
RESOLVED, that the 2001 Amended and Restated Governing Agreement for Providing Advanced Life Support Emergency Medical Services by and between the Town of Greenwich (TOWN) and the Greenwich Emergency Medical Service, Inc. (PROVIDER), hereinafter referred to as the “Contract,” be extended according to its terms for an additional five year period ending June 30, 2014 and that the Chairman of the Board of Health be empowered to execute an amendment to the Contract evidencing same on behalf of the Town of Greenwich
EXPLANATORY COMMENTS
Currently the Greenwich Emergency Medical Service, Inc. operates as the Town’s advanced life support emergency medical services provider as authorized by a Governing Agreement with an expiration date of June 30, 2009.
The terms of this contract, which was recognized by the Board of Health by resolution, provided for a five-year extension from the date of expiration to the year ending June 30, 2014.
In reviewing the terms of the existing Governing Agreement for extension and services provided by the Greenwich Emergency Medical Service, Inc., the Board of Health approved the five-year extension by resolution dated September 22, 2008.
Therefore, in the best interest of the Town, the Board of Health recommends that the full RTM accept this extended Agreement so that advanced life support medical services can continue to be provided without interruption. A copy of the Governing Agreement is available in the Office of the Director of Health for review if needed.
Attachments
1. Amendment Number One to the 2001 Amended and Restated Governing Agreement for Providing Advanced Life Support Emergency Medical Services by and between the Town of Greenwich and the Greenwich Emergency Medical Service, Inc.
2. Resolution passed unanimously by the Board of Health on September 22, 2008 to extend the Governing Agreement that enables the Greenwich Emergency Medical Service, Inc. (Provider) to continue delivering advanced life support emergency medical services to the Town.
Amendment Number One to
2001 Amended and Restated Governing Agreement
for Providing Advanced Life Support Emergency Medical Services
by and between the Town of Greenwich and
Greenwich Emergency Medical Services, Incorporated (“GEMS”)
WHEREAS, the Town of Greenwich (“TOWN”) and GEMS entered into the above-referenced agreement dated and effective as of July 1, 2001 (the “Agreement”);
WHEREAS, Paragraph XXI Term of Agreement provides that the “…Agreement, as subsequently amended and restated from time to time, may be extended by the TOWN for additional periods of one (1) year to five (5) years under the same terms and conditions”;
WHEREAS, the TOWN has notified GEMS of its intention to extend the Agreement and
WHEREAS, the TOWN desires to extend the Agreement until 11:59 PM on June 30, 2014.
NOW, THEREFORE, TOWN and GEMS hereby agree as follows:
1. Subject to approval by the Representative Town Meeting of the Town of Greenwich and the Board of Health of the Town of Greenwich, the Agreement be, and it hereby is, extended for a five (5) year period commencing at 12:00 AM on July 1, 2009 and terminating at 11:59 PM on June 30, 2014.
2. Except as expressly modified herein, the Agreement remains in full force and effect in accordance with its terms.
IN WITNESS WHEREOF, the Town of Greenwich and Greenwich Emergency Medical Services, Incorporated have executed this Amendment Number One to the Agreement effective as of the 1st day of July, 2009.
TOWN OF GREENWICH
CONNECTICUT
RESOLUTION
WHEREAS, the Governing Agreement for Providing Advanced Life Support Emergency Medical Services by and between the Town of Greenwich (TOWN) and the Greenwich Emergency Medical Service, Inc. (PROVIDER), for providing advanced life support emergency medical services dated July~1,~2001 expires June 30, 2009, the TOWN, through its Board of Health, by resolution dated September 22, 2008, desires to extend the Governing Agreement through consensus in order to enable PROVIDER to continue to provide advanced life support emergency medical services for the TOWN for the period of July 1, 2009 through June 30, 2014.
Unanimously approved by the Board of Health at its September 22, 2008 meeting
DEPARTMENT: The Nathaniel Witherell 0906NW01
REFERRED TO: Finance, Health & Human Services Committees
VOTES: The Nathaniel Witherell Board of Directors (8/0/0) Board of Estimate and Taxation (11-0-0)
RESOLVED, that the sum of $400,000 be and the same is hereby appropriated to be added to the Department Number 450, The Nathaniel Witherell, as identified below:
said appropriation to come from surplus revenues generated by The Nathaniel Witherell and deposited in the General Fund.
EXPLANATORY COMMENTS
It is important to note that the total amount of the non-contingency funding request ($304,000) is exceeded by additional Nathaniel Witherell revenues ($336,937) for the eight months ended February 28, 2009, received by the Town of Greenwich in excess of budgeted revenues. The additional contingency funds requested will be subject to B.E.T. review and release and will only be requested if an equal or greater amount of surplus revenues have been generated by Nathaniel Witherell.
The $95,000 of additional Professional Medical Dental costs are primarily attributable to the 25% increase in volume of short-term rehabilitation admissions for the 8 months ended February 28, 2009, and a substantial increase in private pay residents requesting rehabilitation services. The $113,000 increase in Professional NOC costs results from (i) the necessity of replacing one of our two social service workers who left on maternity leave, (ii) adding a part-time dietician to deal with the nutritional planning needs of the increase from 170 to 212 in short-term admissions and from 8 to 26 in long-term admissions from 2008 to 2009 and (iii) a reversal of the original budget decision to reduce hours and staffing at Café Witherell in light of high usage and enjoyment of the facility by residents, families,
friends and staff. The Medical Surgical Lab cost increase of $72,000 is attributable to the increase in census of short-term residents covered by Medicare A and commercial insurance and an increase in the medical complexity of their treatment. The $24,000 increase in food and supplement costs reflects the effect of inflation primarily in the first 6 months of this fiscal year. Staff and the Finance Committee are meeting frequently with the dietary vendor for Nathaniel Witherell to reduce food costs and adjust menu offerings in order to bring these costs in line with budget. These increased costs have been incurred during the 8 months ended February 28, 2009. An additional $96,000 appropriation has been requested to cover the probability that similar increased costs will be incurred and surplus revenues generated during the remainder of Nathaniel Witherell’s fiscal year. The disbursement of some or all of the Contingency Funds is subject to
B.E.T. review and release.
The increased costs identified above are primarily variable expenses associated with increased short and long-term admissions at Nathaniel Witherell. Those increased admissions have also generated increased revenues which more than exceed the increase in expenses. Nathaniel Witherell operates in a dynamic industry with many variables. It should not be surprising that a budget prepared more than 17 months ago is not perfect.
DEPARTMENT: Public Works 0609PW02
REFERRED TO: Land Use, Legislative & Rules Committees
VOTES: Board of Selectmen 3-0-0
Resolved, that the First Selectman be and is hereby authorized for and on behalf of the Town, to enter into a lease agreement with the State of Connecticut Department of Transportation (CTDOT), for the lease of an approximately 0.86 acre parcel located between the I-95 southbound entrance ramp and the railroad bridge at the Horseneck Lane / Field Point Road junction.
EXPLANATORY COMMENTS
The First Selectman, on behalf of the Department of Public Works (DPW), is seeking approval to enter into a lease agreement with the State of Connecticut Department of Transportation (CTDOT) to use a 0.86 acre parcel located between the I-95 southbound entrance ramp and the railroad bridge at the Horseneck Lane / Field Point Road junction. The site would be used, in accordance with CTDOT’s requirements, for “the purpose of equipment and materials storage and a gathering place for crew” for the DPW Highway Division. DPW-Highway would be able to store materials such as curbs, pipes, catch basins, and other related materials on the parcel. No permanent structures will be erected, nor may they be erected as per CTDOT requirements. The site is already equipped with a gate, as well as a
traffic signal that functions in response to exiting site traffic, to allow for safe egress. This agreement benefits DPW and helps its ability to provide service to the Town. CTDOT charges a one time $500 administrative fee to cover the lease. The lease has a five year term.
ATTACHMENTS: Separate packet
Lease Agreement
Site Map
DEPARTMENT: Conservation 0609PW01
REFERRED TO: Land Use, Legislative & Rules Committees
VOTES: Board of Selectmen 3-0-0
Resolved, that the First Selectman be and is hereby authorized for and on behalf of the Town, to accept the conveyance of a parcel of land from the State Connecticut Department of Transportation, containing 4.35 acres and situated on the south side of CT Route 15 (Merritt Parkway) and the west side of Lake Avenue.
EXPLANATORY COMMENTS
Lake Avenue and Merritt Parkway (CTDOT) parcel conveyance
The Commissioner of Transportation shall convey to the Town of Greenwich a parcel of land situated on the south side of Route 15 (Merritt Parkway) and on the west side of Lake Avenue, at a cost equal to the administrative costs of making such conveyance, in this case $1,000.00. The property from the State of Connecticut will maintain a buffer between the Merritt Parkway and the residential area adjacent to it. The Planning and Zoning Commission has also reviewed and approved this conveyance.
ATTACHMENTS: Separate Packet
Copy of Quit Claim Deed from the State of Connecticut
Map of the Area
DEPARTMENT: Parks & Recreation
REFERRED TO: Legislative & Rules, Parks & Recreation Committees
VOTES:
RESOLVED: Be it Ordained and Enacted by the Representative Town Meeting that: the Greenwich Ordinance entitled Chapter 13, “Trees and Vegetation” of the Greenwich Municipal Code is hereby amended in the following sections as follows: *
CHAPTER 13. TREES, SHRUBS AND WOODY VEGETATION.
[delete Article 1. Trees in Public Highways]
§13-1. [delete Trees in public highways; permit; grant] Purposes.
§13-2. [delete Trees; property of town] Definitions.
§13-3. [delete Penalty for planting without permit] Urban/Community Forest Management Plan; Greenwich Arboricultural Specifications and Policy Manual.
§13-4. [delete Effect of Article] Tree Warden as Liaison to Other Municipal Departments.
[delete Article 2. Tree Warden Regulations]
§13-5. [delete Definitions] Public Utilities.
§13-6. [delete Prohibition] Permits for Trees, Shrubs and Woody Vegetation on Town-Owned Property.
§13-7. [delete Permits] Trees, Shrubs and Woody Vegetation on Town-Owned Property.
§13-8. [delete Work] Effect of Chapter.
§13-9. [delete Emergencies] Prohibition; Arboricultural Standards.
§13-10.[delete Penalties] Permits.
§13-11.[delete No exemption] Work.
§13-12. Emergencies.
§13-13. Penalties.
§13-14. No Exemption.
§13-15. Interfering with Planting, Maintenance and Removal.
§13-16. Tree Protection During Construction Activities.
§13-17. Hazardous Trees, Shrubs and Woody Vegetation.
§13-18. Duties of the Deputy Tree Warden.
[delete Article 1. Trees in Public Highways]
Sec. 13-1. Purposes.
The purposes of this Ordinance are:
a) To promote and protect the public health, safety and general welfare of the residents by providing for the regulation of the planting, maintenance, protection and removal of trees, shrubs and woody vegetation within the Town of Greenwich.
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.
c) To preserve and protect trees and their canopies as an important environmental and cultural resource that enhances the Town of Greenwich’s natural character and heritage.
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, shrubs and woody vegetation located on Town-owned property.
e) To protect property values by maintaining a healthy and vigorous community forest.
Sec. 13-2. Definitions.
a) Tree Warden: 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 The Public Shade Trees and Tree Protection Examining Board Statute (Connecticut General Statutes Sec. 23-59) as may be hereafter amended, and by this Ordinance.
b) Deputy Tree Warden(s): Greenwich Deputy Tree Warden(s) as appointed by the Tree Warden.
c) Urban / Community Forest: Collectively, the natural resource of all Town-owned trees, shrubs and woody vegetation upon street right-of-ways, parks, school campuses, open space properties, and grounds of Town facilities.
d) Town-owned Property: Any and all real property owned by the Town of Greenwich.
e) Tree: A woody plant, usually with one main trunk, reaching a height of at least fifteen feet when mature.
f) Shrub: A woody plant, branched from the base, generally less than fifteen feet in height when mature.
g) Woody Vegetation: All woody, non-herbaceous plants, not defined as trees or shrubs.
h) Greenwich Arboricultural Specifications and Policy Manual: A manual prepared by the Tree Warden pursuant to Section 13-3(b), as amended from time to time.
i) Person: Any person, firm, corporation or other entity, including any public utility.
j) Urban/Community Forest Management Plan: The long-range management plan prepared by the Tree Warden pursuant to Section 13-3(a), as amended from time to time.
k) Public Nuisance: Any tree, shrub or woody 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.
Sec. 13-3. Urban / Community Forest Management Plan; Greenwich Arboricultural Specifications and Policy Manual.
a) The Tree Warden, in coordination with the Conservation Commission, shall prepare and maintain a long-range, comprehensive strategic plan for the administration and management of the community forest program to implement the purposes set forth in Section 13-1, which, together with the resulting periodic work plans, shall comprise the Urban/Community Forest Management Plan.
b) The Tree Warden shall prepare and maintain a manual containing regulations and standards for the planting, maintenance, removal and protection of trees, shrubs and woody vegetation upon Town-owned property which shall be known as the Greenwich Arboricultural Specifications and Policy Manual.
Sec. 13-4. Tree Warden as Liaison to Other Municipal Departments.
a) The Tree Warden shall serve as liaison to all Town Departments, agencies, and the Board of Education on all matters relating to individual trees and forest resources, and may provide technical assistance as appropriate.
b) Any Town Department or agency shall notify the Tree Warden of any applications for new curb, gutter, sidewalks or driveway installations, utility installations or other improvements which might require the removal of or cause injury to any Town-owned tree.
[delete Article 2. Tree Warden Regulations]
Sec 13-5. Public Utilities.
a) Any public utility maintaining any overhead wires or underground pipes or conduits shall obtain a public utilities permit from the Tree Warden before performing any maintenance work on the wires, pipes, or conduits which would cause injury to Town-owned trees. The public utility shall not injure, deface, prune, or scar any Town-owned tree until its plans and procedures have been approved by the Tree Warden.
b) When maintaining Town-owned trees, a public utility must observe good arboricultural practices, as specified by the Pruning Standards prescribed in the Greenwich Arboricultural Specifications and Policy Manual.
Sec. 13-6 [delete 1]. [delete Trees in public highways; permit; grant] Permits for Trees, Shrubs, and Woody Vegetation on Town-Owned Property.
(a) No person shall plant any tree, [delete bush or] shrub or woody vegetation within the limits of any [delete 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, [delete bush or] shrub or woody vegetation, for which such permission is requested.
(b) The Tree Warden shall consider the effect of planting the specified trees, [delete bushes or] shrubs or woody vegetation upon the general welfare of the community and upon the present and future use, safety, maintenance, development and improvement of [delete the highway] Town-owned property for all lawful purposes.
(c) Subject to the direction and control of the Director of Parks and Recreation, the Tree Warden shall grant or deny the applications upon the basis of such considerations.
(Ords. & Reg., §7-1, 8/17/48.)
Sec. 13-[delete 2]7. [delete Trees; Property of the Town] Trees, Shrubs and Woody Vegetation on Town-Owned Property.
Any tree [delete bush or], shrub or woody vegetation planted on [delete within the limits of the public highways of the town] Town-owned property shall become the property of the Town.
(Ords. & Reg., §7-2, 8/17/48.)
[delete Sec. 13-3. Penalty for planting without permit.
If any person plants any tree, bush or shrub without obtaining the required permit, he shall be fined not more than twenty-five dollars ($25.) and shall remove the same at his expense within a period of thirty (30) days.
(Ords. & Reg., §7-3, 8/17/48.)]
Sec. 13-[delete 4]8. Effect of [delete Article]Chapter.
Nothing in this [delete Article] Chapter and no permit granted pursuant to this [delete Article] Chapter shall be deemed to prejudice any rights which the Town may now or hereafter have with respect to trees [delete bushes and],shrubs and woody vegetation planted [delete within the limits of] on [delete the public highways of the Town] Town-owned property.
(Ords. $ Reg., §7-4, 8/17/48.)
.
[delete Article 2: Tree Warden Regulations]
[delete Sec. 13-5 Definitions.
As used in this Article:
Person is any person, firm or corporation including any public utility (10/15/1990)]
Sec. 13-[delete 6] 9. Prohibition; Arboricultural Standards
Except as otherwise provided [delete herein] in Sec. 13-5, 13-10 and 13-11 of this Chapter, no person shall cut, trim, prune, remove, injure or interfere with any tree, shrub or {delete cultivated plant] woody vegetation, including the branches, trunk, root system or crown thereof, in whole or in part, [delete within the limits of ] on any [delete public road, park or public grounds in the Town of Greenwich] Town-owned property without a permit from the Tree Warden. When maintaining Town-owned trees, a person must observe good arboricultural practices, as specified by the pruning standards prescribed in the Greenwich Arboricultural Specifications and Policy Manual.
[delete (10/15/1990.)]
Sec. 13-[delete 7] 10. Permits.
[delete Permits are] Under this chapter, permits shall be issued in conformity with [delete the General Statutes]Connecticut General Statutes Sec. 23-65(f). Applications 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.
[delete (10/15/1990.)]
Sec. 13-[delete 8] 11. Work.
All work performed on such trees, shrubs or [delete cultivated plants] woody vegetation shall be done in strict accordance with the permit and under the direction of the Tree Warden.
[delete (10/15/90)]
Sec. 13-[delete 9] 12. Emergencies.
Work which, in the opinion of the Tree Warden, is of an emergency nature, such as failure of gas, water or electric utility lines, may be performed as orally prescribed by the Tree Warden at the expense of the person requesting same.
[delete (10/15/1990.)]
Sec. 13-[delete 10] 13. Penalties.
[delete (a) Any person violating any provision of these regulations shall be fined not more than ninety dollars($90).]
(a) [delete (b)] Except as otherwise provided in this section any person who unlawfully or willfully cuts, destroys, carries away, removes, prunes, injures or defaces any tree or shrub [delete within the limits of a public way or public grounds] on Town-owned property 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)].
(b) (b) [delete c][delete For any tree or shrubbery unlawfully cut, destroyed or carried away, the Tree Warden may seek recovery of three (3) times the value of the tree or shrubbery pursuant to Connecticut General Statutes, Section 52-560.]
In addition to any fines authorized hereunder for any tree, shrub or woody vegetation unlawfully cut, destroyed or carried away, the Tree Warden may seek recovery of three (3) times the value of the tree, shrub or woody vegetation pursuant to Connecticut General Statutes Section 52-560 and, for any encroachment (as referred to in Connecticut General Statutes Section 52-560a), may bring an action to enforce the remedies and damages specified in Connecticut General Statutes Section 52-560a. Nothing in this section shall limit the authority of the Tree Warden to invoke any other remedies under Connecticut General Statutes Section 52-560 and Section 52-560a.
(c) (c) [delete d]Any person who affixes to a [delete telegraph] telephone, electric light [delete , or] pole, power pole, or other utility pole, tree, shrub, rock or other natural object [delete in any public way or grounds] on Town-owned property 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 [delete within the limit of any public highway or grounds] on Town-owned property 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)].
(d) [delete e] The removal, pruning, or willful injury of any tree, shrub or woody vegetation by any person without a permit from the Tree Warden, or the affixing of any playbill, picture, notice, advertisement or other similar thing concerning the business or affairs of any person [delete firm or corporation] to a tree, shrub, rock or other natural object [delete within the limits of any public way or grounds] on Town-owned property 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)].
(e) [delete f] The affixing of each individual playbill, picture, notice or 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)]
(f) If any person plants any tree, shrub or woody vegetation on Town-owned property, without obtaining the required permit, he shall be fined not more than twenty-five dollars ($25.) and shall remove the same at his expense within a period of thirty (30) days.
(Sec. 13-3, Ords. & Regs., sec. 7-3, 8/17/48)
[delete 10/15/1990;4/1/91)]
Sec. 13-[delete 11] 14. No Exemption.
Nothing herein contained shall be deemed to exempt any person from the application of any other applicable statute, ordinance, regulation or rule.
[delete (10/15/1990)].
Sec. 13-15. Interference with Planting, Maintenance, and Removal.
No person shall interfere with the Tree Warden or persons acting under his authority while engaged in planting, mulching, pruning, removing or maintaining any tree, shrub or woody vegetation on Town-owned property.
Sec. 13 –16. Tree Protection During Construction Activities.
All trees on Town-owned property that are designated for preservation shall be protected in accordance with the Tree Protection Specifications section of the Greenwich Arboricultural Specifications and Policy Manual.
Sec. 13-17. Hazardous Trees, Shrubs and Woody Vegetation.
Any tree or part of the tree, or any shrub or other vegetation that poses an unreasonable risk to any Town-owned property and is determined to pose an unreasonable risk to the public health, safety or welfare by the Tree Warden and 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 shall be determined to be a “nuisance” and is to be abated by the Town in accordance with the Town of Greenwich Nuisance Ordinance (Greenwich Municipal Code, Chapter 6C).
Sec. 13-18. Duties of the Deputy Tree Warden.
The Tree Warden may assign the Deputy Tree Warden(s) to perform those duties of the Tree Warden as the Tree Warden shall designate, but the Tree Warden shall remain responsible for those duties. The Tree Warden may rescind the right to be designated as Deputy Tree Warden at any time, with or without cause.
RESOLVED: Be it Ordained and Enacted by the Representative Town Meeting that: the Greenwich Ordinance entitled Chapter 6C, “Nuisances” of the Greenwich Municipal Code is hereby amended in the following section as follows:
Sec. 6C-2. Definitions.
(h) Nuisance shall mean the existence of a condition involving any one (1) or more of the following items: trees, shrubs or vegetation which are hazardous or injurious to the public health, safety and welfare or which would cause substantial depreciation in the value of real property in the neighborhood or which have been determined to be a nuisance pursuant to any other provision of this Municipal Code, building and construction materials, landscape and fill materials, demolition debris, motor vehicles and motor vehicle parts, fixed- and rotary wing aircraft and parts, boats and boat parts, tires, appliances, furniture, metal, plastic, cardboard or glass containers, paper and rags which are inoperative, abandoned or discarded; which are found in substantial
quantities in or upon any premises and are visible from any third-party residential premises; and which are hazardous or injurious to the public health, safety and welfare or which cause substantial depreciation in the value of real property in the neighborhood . . .
1 Connecticut Gen. Stat. Sec. 23-59: Powers and duties of wardens. The town or borough tree warden shall have the care and control of all trees and shrubs in whole or in part within the limits of any public road or grounds and within the limits of his town or borough, except those along state highways under the control of the Commissioner of Transportation and except those in public parks or grounds which are under the jurisdiction of the park commissioners, and of these the tree warden shall take the care and control if so requested in writing by the park commissioners. Such care and control shall extend to such limbs, roots or parts of trees and shrubs as extend or overhang the limits of any such public road or grounds. The tree warden shall expend all funds appropriated for the
setting out, care and maintenance of such trees and shrubs. The tree warden shall enforce all provisions of law for the preservation of such trees and shrubs and of roadside beauty. The tree warden shall remove or cause to be removed all illegally erected signs or advertisements, placed upon poles, trees or other objects within any public road or place under the tree warden’s jurisdiction. The tree warden may prescribe such regulations for the care and preservation of such trees and shrubs as the tree warden deems expedient and may provide therein for a reasonable fine for the violation of such regulations; and such regulations, when approved by the selectmen or borough warden and posted on a public signpost in the town or borough, if any, or at some other exterior place near the office of the town or borough clerk, shall have the force and effect of town or borough ordinances. Whenever, in the opinion of the tree warden, the public safety
demands the removal or pruning of any tree or shrub under the tree warden’s control, the tree warden may cause such tree or shrub to be removed or pruned at the expense of the town or borough and the selectmen or borough warden shall order paid to the person performing such work such reasonable compensation therefore as may be determined and approved in writing by the tree warden. Unless the condition of such tree or shrub constitutes an immediate public hazard, the tree warden shall, at least ten days before such removal or pruning, post theron a suitable notice stating the tree warden’s intention to remove or prune such tree or shrub. If any person, firm or corporation objects to such removal or pruning, such person, firm or corporation may appeal to the tree warden in writing, who shall hold a public hearing at some suitable time and place after giving reasonable notice of such hearing to all persons known to be interested therein and posting a notice
thereof on such tree or shrub. Within three days after such hearing, the tree warden shall render a decision granting or denying the application, and the party aggrieved by such decision may, within ten days, appeal therefrom to the superior court for the judicial district within which such town or borough is located. The tree warden may, with the approval of the selectmen or borough warden, remove any trees or other plants within the limits of public highways or grounds under the tree warden’s jurisdiction that are particularly obnoxious as hosts of insect or fungus pests.
1 Connecticut Gen. Stat. Sec. 23-65(f):Any person, firm or corporation, other than a tree warden or his deputy, who desires the cutting or removal, whole or in part, of any tree or shrub or part thereof within the limits of any public road or grounds, may apply in writing to the town tree warden, the borough tree warden or the Commissioner of Transportation or other authority having jurisdiction thereof for a permit to do so. Upon receipt of such permit, but not before, he may proceed with such cutting or removal. Before granting or denying such permit, such authority may hold a public hearing as provided in section 23-59, and when the applicant is a public utility corporation, the party aggrieved by such decision may, within ten days, appeal therefrom to the Department of Public Utility
Control, which shall have the power to review, confirm, change or set aside the decision appealed from and its decision shall be final. This shall be in addition to the powers granted to it under section 16-234, provided, if an application for such permit has been made to either a tree warden or the Commissioner of Transportation or other authority and denied by him, an application for a permit by for the same relief shall not be made to any other such authority,. Upon approval of such a permit by the Commissioner of Transportation, he shall notify the tree warden for the town in which the tree is located. Upon any approval of such a permit by the Commissioner of Transportation, the permittee shall notify the tree warden for the town in which the tree is located prior to cutting any such tree.
1 Connecticut Gen. Stat. Sec. 23-65(b): Any person, firm or corporation, other than a tree warden or deputy tree warden, who removes, prunes, injures, or defaces any shrub or ornamental or shade tree, within the limits or a public way or rounds, without the legal rights or written permission of the town tree warden, the borough tree warden the city forester, the Commissioner of Transportation, the Department of Public Utility Control or other authority having jurisdiction, may be ordered by the court in any action brought by the property owner or the authority having jurisdiction affected thereby to restore the land to its condition as it existed prior to such violation or shall award the landowner the cost of such restoration, including reasonable management costs necessary to achieve such restoration,
reasonable attorneys fees and costs and such injunctive or equitable relief as the court deems appropriate. In addition, the court may award damages of up to five times the cost of restoration or statutory damages of up to five thousand dollars. In determining the amount of the award, the court shall consider the willfulness of the violation, the extent of damage done to natural resources, if any, the appraised value of the shrub or ornamental shade tree, any economic gain realized by the violator and any other relevant factors. The appraised value shall be determined by the town tree warden, the borough tree warden, the city forester, the Commissioner of Transportation, the Department of Public Utility Control or other authority having jurisdiction and shall be determined in accordance with the regulations adopted by the Commissioner of Environmental Protection. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to
develop guidelines for such plant appraisal. The regulations may incorporate by reference the latest revision of The Guide for Plant Appraisal, as published by the International Society of Arboriculture, Urbana, Illinois. Until such times as regulations are adopted, appraisals may be made in accordance with said Guide for Plant Appraisal.
1Connecticut Gen Stat. Sec. 52-560: Any person who cuts, destroys or carries away any trees, timber or shrubbery, standing or lying on the land of another or on public land, except on land subject to the provisions of sec. 52-560a, without license of the owner, and any person who aides therein, shall pay to the party injured five times the reasonable value of any tree intended for sale or use as a Christmas tree and three times the reasonable value of any other tree, timber or shrubbery; but, when the court is satisfied that the defendant was guilty through mistake and believed that the tree, timber or shrubbery was growing on his land, or on the land of the person for whom he cut the tree, timber or shrubbery, it shall render judgment for no more than its reasonable value.
v. Connecticut Gen. Stat. Sec. 52-560a:
(a) As used in this section, “open space land” includes, but is not limited to, any park, forest, wildlife management area, refuge, preserve, sanctuary, green or wildlife areas owned by the state, a political subdivision of the state or a nonprofit land conservation organization and “encroach” means to conduct an activity that causes damage or alteration to the land or vegetation or other features thereon, including, but not limited to, erecting buildings or other structures, constructing roads, driveways or trails, destroying or moving stone walls, cutting trees or other vegetation, removing boundary markers, installing lawns or utilities, or using, storing, or depositing vehicles, materials or debris.
(b) No person may encroach or cause another person to encroach on open space land or on any land for which the state, a political subdivision of the state or a nonprofit land conservation organization holds a conservation easement interest, without the permission of the owner of such open space land or holder of such conservation easement or without other legal authorization.
(c) Any owner of open space land or holder of a conservation easement subject to the provisions of subsection (b) of this section or the Attorney General may bring an action in the superior court for the judicial district where the land is located against any person who violates the provisions of said subsection with respect to such owner’s land or land subject to such conservation easement. The court shall order any person who violates the provisions of subsection (b) of this section to restore the land to its condition as it existed prior to such violation, or shall award the landowner the costs of such restoration, including reasonable management costs necessary to achieve such restoration. In addition, the court may award reasonable attorney’s fees and costs and such injunctive
or equitable relief as the court deems appropriate.
(d) In addition to any damages and relief ordered pursuant to subsection (c) of this section, the court may award damages of up to five times the cost of restoration or statutory damages of up to five thousand dollars. In determining the amount of the award, the court shall consider the willfulness of the violation, the extent of damage done to natural resources, if any, the appraised value of any trees or shrubs cut, damaged or carried away as determined in accordance with the latest revision of The Guide of Plant Appraisal, as published by the International Society of Arboriculture, Urbana, Illinois, or a succeeding publisher, any economic gain realized by the violator and any other relevant factors.
vi. Connecticut Gen. Stat. Sec. 23-65(a): Any person, firm or corporation which affixes to a telegraph, telephone, electric light or power pole, or to a tree, shrub or 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 such tree, shrub, rock or other natural object, except for the purpose of protecting it or the public under a written permit from the town tree warden, the borough tree warden, city forester or Commissioner of Transportation, as the case may be, or , without the consent of the tree warden or the officer with similar duties, uses climbing spurs for the purpose of climbing any ornamental or shade tree within the limits of any public highway grounds, shall be fined not more than fifty dollars
for each offense.
1 Connecticut Gen. Stat. Sec. 23-65(d): The removal, pruning, or willful injury of any shrub, or ornamental or shade tree, or the use of climbing spurs upon any ornamental or shade tree without the consent of the tree warden or of the officer with similar duties or the affixing of any playbill, picture, notice advertisement or other similar thing concerning the business or affairs of any person, firm or corporation, to a pole, shrub, tree, rock or other natural object, within the limits of any public way or grounds in violation of the provisions of this section by an agent or employee of such person, firm or corporation, shall be deemed to be the act of such person, firm or corporation, 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 herein provided, unless such act is shown to have been done without his knowledge or consent.
1 Connecticut General Stat. Sec. 23-65(e): The affixing of each individual playbill, picture, notice, advertisement or other similar thing to a pole, shrub, tree, rock or other natural object, or the willful removing, pruning, injuring or defacing of each shrub or tree, or the throwing of each individual advertisement or lot of refuse paper or other material within the limits of any public way or grounds or on private premises, shall constitute a separate violation of the provisions of this section. Nothing in this section shall affect the authority of the tree warden, either by himself or by a person receiving a written permit from him, to remove, prune or otherwise deal with a shrub or tree under his jurisdiction.
1 Sec. 6C-6(a)(5): A statement that failure, neglect, or refusal to abate such nuisance within the thirty (30) days specified shall subject the owner or owners to a fine not to exceed one hundred dollars ($100) for each offense.
* NOTE: deletions are in brackets, additions are in bold print
Explanation
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.
This ordinance was originally presented to the Representative Town Meeting in September 2008. After review by the Legislative and Rules Committee, it was decided that it would be amended to include suggestions of the Committee, and that it was to be redrafted. The second draft was reviewed by the Committee in December 2008, and the Committee determined that the third draft was necessary. Several members of the Committee, as well as a representative from the Land Use Committee, met with Tree Warden Bruce Spaman to incorporate the suggestions into the final version.
DEPARTMENT: First Selectman
CONTACT: James Daine – 203-912-1015
REFERRED TO: Legislative & Rules, Town Services Committees
VOTES:
RESOLVED that the Greenwich Alarm Ordinance is amended as follows:
ALARM DEVICES
CHAPTER 2A. ALARM DEVICES
§ 2A-1. Legislative determination.
§ 2A-2. Definitions.
§ 2A-3. Administrator.
§ 2A-4. Alarm Appeal Board.
§ 2A-5. Notice, registration of alarm devices required.
§ 2A-6. Alarm device registration procedure.
§ 2A-7. Registration of central stations required
§ 2A-8. Central station registration procedure.
§ 2A-9. Registration of contractors required.
§ 2A-10. Contractor registration procedure.
§ 2A-11. New automatic dial alarms prohibited.
§ 2A-12. Transmission or digital-coded signals prohibited.
§ 2A-13. Exterior audible devices.
§ 2A-14. Reporting of false alarms.
§ 2A-15. Charges for false alarms.
§ 2A-16. Notification of charges.
§ 2A-17. (Reserved)
§ 2A-18. Appeals procedure.
§ 2A-19. Notices to include instructions.
§ 2A-20. Information to be confidential.
§ 2A-21. Information to be compiled.
§ 2A-22. Disclaimer of liability.
§ 2A-23. Violations and penalties.
§ 2A-24. Charges and fees to be paid into general fund.
§ 2A-25. Enforcement.
§ 2A-26. Applicability.
§ 2A.27. Effective date.
CHAPTER 2A. ALARM DEVICES.
Sec. 2A-1. Legislative determination.
It is determined that the number of false alarms being made to the Police and Fire Departments hinders the efficiency of those Departments, lowers the morale of Department personnel, constitutes a danger to the general public in the streets during responses to false alarms and jeopardizes the response of volunteers; and that the adoption of this chapter will reduce the number of false alarms and promote the responsible use of alarm devices in Greenwich by the alarm user.
(RTM, § 1, 4/14/1980; RTM, § 1, 12/13/1982.)
Sec. 2A-2. Definitions.
For the purpose of this chapter, the following definitions shall apply:
(a) Alarm device - Any device which, when activated by a criminal act, fire or other emergency calling for Police or Fire Department response, transmits a signal to Police or Fire Department headquarters; transmits a signal to a person who relays information to Police or Fire Department headquarters; or produces an audible or visible signal to which the Police or Fire Departments are expected to respond. Excluded from this definition and the scope of this chapter are devices which are designed to alert or signal only persons within the premises in which the device is installed.
(b) Alarm user - The owner of any premises in which an alarm device is used, provided that an occupant who expressly accepts responsibility for an alarm device by registration pursuant to Section 2A-5 shall be deemed the "alarm user ."
(c) Automatic dial alarm - A telephone device or attachment that mechanically or electronically selects a telephone line to Police or Fire Department headquarters or to the 911 system and reproduces a prerecorded voice message to report a criminal act, fire or other emergency calling for Police or Fire Department response. Excluded from this definition are devices which relay a digital-coded signal to Police or Fire Department headquarters.
(d) Central station -An office to which remote alarm devices transmit signals where operators monitor those signals and relay information to the Police and Fire Departments.
(e) Contractor -Any person, firm or corporation in the business of supplying and installing alarm devices or servicing the same.
(f) False alarm -Any activation of an alarm device to which the Police or Fire Department responds and which is not caused
by a criminal act, fire or other emergency. (RTNI. § 2. 4/14/1980; RTM. § 2. 2/13/1982.)
Sec.2A-3. Administrator.
(a) There shall be in the town an administrator for alarm devices which shall have the powers and duties granted to it under this chapter.
(b) The Finance Department shall be the administrator under the direction and control of the Board of Estimate and Taxation, which is authorized to adopt regulations for the administration of this chapter.
(RTM. § 3, 4/14/1980; RTM. § 3. 12/13/1982.)
Sec. 2A-4. Alarm Appeal Board.
(a) There shall be in the town an Alarm Appeal Board which shall have the powers and duties granted to it under this chapter.
(b) The Alarm Appeal Board shall consist of five (5) members, who shall be appointed by the Representative Town Meeting on nomination by the Board of Selectmen. All members shall be electors of the town and shall serve without compensation. Three (3) members shall be appointed for terms expiring March 31. 1982, and two (2) members for terms expiring March 31, 1984. Further appointments, except to fill vacancies, shall be for terms of four (4) years commencing on April 1. Appointed members shall serve until their successors shall have been appointed and qualified. Vacancies in the membership shall be filled for the unexpired portion of a term in the same manner as regular appointments.
(c) Three (3) members of such Board shall constitute a quorum. All decisions shall be by a majority of those present and voting.
(RTM, § 4. 4/14/1980; RTM, § 4. 12/13/1982.)
Sec. 2A-5. Notice, registration of alarm devices required.
(a) No person, firm or corporation shall install an alarm device without first providing the alarm administrator with the name, address and phone number of the owner and of the occupant (if different) of the premises wherein an alarm device is to be installed.
(b) Each alarm user shall register his alarm device or devices with the administrator prior to use.
(RTM, § 5, 4/14/1980; RTM, § 5, 12/13/1982; RTM, § 1, 1/15/1991.)
Sec. 2A-6. Alarm device registration procedure.
(a) Alarm device registration shall be accomplished by filling out a form provided by the administrator to include such information concerning the identity of the prospective alarm user, the identity of the alarm user's contractor, if any, and the nature of the proposed alarm device as the administrator may require. The administrator shall issue the alarm user a written acknowledgment of proper registration.
(b) It shall be the responsibility of each alarm user to notify the administrator of changes in registration information. (RTM, § 6, 4/14/1980; RTM, § 6, 12/13/1982.)
(c) Each alarm device registration shall expire on July 1 of each year and must be renewed annually by submitting an updated registration form to the administrator. The administrator shall notify each alarm user of the need to submit an updated
registration thirty (30) days prior to the expiration date. It shall be the responsibility of the alarm user to submit an updated registration form prior to the expiration date. Failure to do so will be classified as use of a non-registered alarm device and penalties shall be assessed in accordance with Section 2A-23.
(d) Each alarm user shall pay an annual registration fee in the amount of [delete 10] twenty dollars [delete $10] ($20.).
(e) The amount of the annual registration fee may be raised or lowered from time to time at the discretion of the Board of Estimate and Taxation without further approval of the Representative Town Meeting.
Sec. 2A-7. Registration of central stations required.
Each central station which plans to transmit signals to the Police or Fire Department must register with the administrator before doing so.
(RTM, § 7, 12/13/1982.)
Sec. 2A-8. Central station registration procedure.
(a) Central station registration shall be accomplished by filling out a form provided by the administrator to include such information as the administrator may require concerning the identity of the applicant, the type of its business organization (individual proprietorship, partnership, corporation), the principal place of business of the entity, the location of the office monitoring alarms, the staffing of that office and the alarm users in Greenwich served by the station. The administrator shall issue the central station a written acknowledgment of proper registration.
(b) It shall be the responsibility of each central station to notify the administrator of changes in the registration information, but such notification need not be given more frequently than once a month. (RTM, § 8, 12/13182.)
Sec. 2A.9. Registration of contractors required.
Each contractor shall register with the administrator. (RTM, § 9; 12/13/82.)
Sec. 2A-10. Contractor registration procedure.
(a) Contractor registration shall be accomplished by filling out a form provided by the administrator to include such information concerning the identity of the applicant, the type of its business organization (individual proprietorship, partnership, corporation), the principal place of business of the entity, the places of business from which Greenwich alarm users will be served, the types and makes of equipment sold and/ or installed and the types and makes of equipment the contractor is qualified to service. The administrator shall issue the contractor a written acknowledgment of proper registration.
(b) There shall be a fee of [delete ten] twenty dollars [delete $10] ($20.) for each registration accepted.
(c) The amount of the contractor registration fee may be raised or lowered from time to time at the discretion of the Board of Estimate and Taxation without further approval of the Representative Town Meeting.
(d) It shall be the responsibility of each contractor to notify the administrator of changes in the registration information. (RTM, § 10, 12/13/82.)
Sec. 2A-11. New automatic dial alarms prohibited.
No automatic dial alarm may be installed after October 10, 1980. No automatic alarm device in use on such date may remain in use after July 1, 1983.
(RTM, § 8,4/14/80; as amended by RTM, § 11, 12/13/82.)
Sec. 2A-12. Transmission of digital-coded signals prohibited.
(a) After the publication of this chapter, the administrator will not permit the registration of an alarm device which transmits a digital-coded signal to either the Police Department or the Fire Department unless the alarm user has received special authorization in accordance with Section 2A-12(b).
(b) A commercial establishment or a not-for-profit institution may have a direct line to the Police Department or Fire Department, provided that:
(1) The connection is by a high grade, dedicated line meeting specifications that may be established by the departments concerned.
(2) The police or Fire Department determines that the level of risk and exposure justifies a direct line.
(3) The Police or Fire Department has notified the administrator of its approval of such a direct line.
(c) After July I, 1983, signals that result from the activation of an alarm device for which a direct connection has not been authorized in accordance with Section 2A-12(b) must be transmitted to a central station which, after such verification as is practicable, will transmit the alarm to the Police Department or Fire Department.
(RTM, § 12, 12/13/82.)
Sec. 2A-13. Exterior audible devices.
Unless required by law, no alarm device which produces an exterior audible signal shall be installed unless its operation is automatically restricted to a maximum of thirty (30) minutes.
(RTM, § 9, 4/14/80; as amended by RTM, § 13, 12/13/82.)
Sec. 2A-14. Reporting of false alarms.
(a) The Police Department and Fire Department shall report false alarms to the administrator, based upon the report of the investigating officer.
(b) It shall be the responsibility of the central station to attempt to verify every alarm activation, except a duress or hold up alarm activation, before requesting a police response to an alarm activation.
(c) It shall be the responsibility of the central station to notify the alarm user or his designated keyholder whenever the central station reports an alarm activation to the Police Department or Fire Department
(RTM, § 10, 4/14/1980; RT1V1, § 14, 12/13/1982.)
Sec. 2A-15. Charges for false alarms.
When the administrator determines that the Police Department or Fire Department has responded to a false alarm, the administrator shall impose a charge on the responsible alarm user according to the following schedule:
(a) For the first false alarm within the town's fiscal year: no charge.
(b) For response by either the Police Department or the Fire Department –
(1) for the second false alarm: fifty dollars ($50.);
(2) for the third false alarm: one hundred dollars ($100.);
(3) for the fourth false alarm: one hundred fifty dollars ($150.);
(4) for the fifth and subsequent false alarms: two hundred dollars ($200.).
[delete
(c) For response by the Fire Department
(1) For the second false alarm: fifty dollars ($50.)
(2) for the third false alarm: one hundred dollars($100.00)
(3) for the fourth and subsequent false alarms; two hundred dollars ($200.)]
[delete d] (c) For response by both the Police Department and the Fire Department, [delete the change for the false alarm shall be the charge applicable to a response by the Fire Department] an additional charge of $50 will be added to the applicable fine, except for the first false alarm within the Town’s fiscal year.
Following the payment of the applicable charge for a false alarm, an alarm user may present to the administrator an invoice of repair of the alarm device causing the false alarm, which invoice of repair shall be reviewed by the Alarm Appeal Board. If the Alarm Appeal Board deems the invoice of repair to be satisfactory, the Alarm Appeal Board may then make a finding that such false alarm shall not be counted against subsequent false alarms for the alarm user within the Town's fiscal year,
(RTM, § 11, 4/14/1980; RTM, § 15, 12/13/1982; RTM, § 2, 1/15/1991.)
Sec. 2A.16. Notification of charges.
(a) The administrator shall notify the responsible alarm user of any false alarm charge by mail. Within thirty (30) days after the mailing of such notice, the alarm user may file with the administrator information to show that the alarm was not a false alarm within the meaning of this chapter.
(b) The administrator shall consider such information, reaffirm or rescind the false alarm charge and notify the alarm user of its decision by mail. Within thirty (30) days after the mailing of such notice, the alarm user may file with the Alarm Appeal Board an appeal, in writing.
(RTM, § 12,4/14/1980; RTM, § 16,12/13/1982.)
Sec. 2A-17. (Reserved)I
1 Editor's Note: Former § 2A-17. Required inspection; suspension of registration, added 12/ 13/1982. was repealed 1/15/1991.
Sec. 2A-18. Appeals procedure.
(a) Upon receipt of a timely appeal from a false alarm charge or a registration suspension, the Alarm Appeal Board shall hold a hearing to consider it and shall mail notice of the time and place of said hearing to the alarm user taking the appeal at his last known address, at least fifteen (15) days before the hearing. On the basis of
information provided by the alarm user and other information introduced at the hearing, the Board shall affirm the charge or suspension, if it finds that the charge or suspension was properly imposed, or rescind the charge or suspension, if it finds the charge or suspension was not properly imposed.
(b) There shall be a non-refundable administrative fee of ten dollars ($ 10.) for each appeal to the Alarm Appeal Board.
(c) The amount of the fee for taking an appeal may be raised or lowered from time to time at the discretion of the Board of Estimate and Taxation without further approval of the Representative Town Meeting.
(RTM, § 12, 13, 4/14/1980; RTM, § 18, 12/13/1982.)
Sec. 2A-19. Notices to include instructions.
Each notice of a false alarm charge, the reaffirmation of such a charge by the administrator or the suspension of a registration shall refer to and provide instructions concerning the alarm user's right to further recourse by filing information with the administrator or an appeal with the Alarm Appeal Board, as the case may be.
(RTM, § 12, 4/14/1980; RTM, § 19, 12/13/1982.)
Sec. 2A-20. Information to be confidential.
All information in the possession of the administrator, the Alarm Appeal Board, the Police Department or the Fire Department concerning particular alarm users and particular alarm devices shall not be divulged without the written consent of the alarm user or users concerned, except that information as to the frequency of false alarms experienced by an individual alarm user may be supplied to the contractor who installed or who currently has a contract to service that user's alarm device.
(RTM, § 7, 4/14/1980; RTM, § 20, 12/13/1982.)
Sec. 2A-21. Information to be compiled.
The administrator, Police Department and Fire Department shall, with respect to each and every false alarm, compile information concerning; alarm devices, contractors and sources of false alarms in a form such that the information may be evaluated in terms of relative reliability of different sorts of alarm devices and particular contractors and the frequency of false alarms attributable to different categories of sources. All alarm activations, including those not considered false alarms as defined herein shall be cross-referenced by the administrator with such compiled information to determine if the alarm device has been registered in accordance with Sections 2A-5 and 2A-6. If it is determined that the alarm device has not been registered, the administrator shall notify the alarm user in writing, of the registration
procedures for such alarm device. Failure of the alarm user to register such alarm device following notification by the administrator shall result in penalties pursuant to Section 2A-23.
(RTM, § 15, 4/14/1980; RTM, § 21, 12/13/1982.)
Sec. 2A-22. Disclaimer of liability.
Notwithstanding the provisions of this chapter, the town, its departments, officers, agents and employees shall be under no obligation whatsoever concerning the adequacy, operation or maintenance of any alarm device or of the alarm-monitoring facilities at Police and Fire Department headquarters. No liability whatsoever is assumed for the failure of such alarm devices or monitoring facilities or for the failure to respond to alarms or for any other omission in connection with such alarm devices. Each alarm user shall be deemed to hold and save harmless the town, its departments, officers, agents and employees from liability in connection with the alarm user's alarm device.
(RTM, § 16, 4/14/1980; RTM, § 22, 12/13/1982.)
Sec. 2A-23. Violations and penalties.
Any person who performs or causes to be performed any of the following acts shall be subject to penalties as follows for each such act:
(a) Failure to register an alarm device, within thirty (30) days of notification by the administrator: [delete twenty] fifty dollars [delete $20.] ($50.); within sixty (60) days of notification by the administrator: [delete one] two hundred dollars [delete $100] ($200.).
(b) Failure to give notice of changes in registration information, within thirty (30) days of notification by the administrator: [delete twenty] fifty dollars [delete $20] ($50.); within sixty (60) days of notification by the administrator: one hundred dollars ($100.).
(c) Installing an alarm device without first providing the alarm administrator with the name, address and phone number of the owner and of the occupant (if different) of the premises wherein the alarm device is to be installed, within thirty (30) days of notification by the administrator: [delete twenty] fifty dollars [delete $20] ($50.); within sixty (60) days of notification by the administrator: one hundred dollars ($100.).
(d) Use of an automatic dial alarm or an exterior audible alarm device in violation of the provisions of this chapter: one hundred dollars ($100.).
(RTM, § 17, 4/19/1980; RTM. § 23, 12/13/1982: RTM, § 4, 1/15/1991.)
(e) The amount of the penalties in this Section 2A-23 may be raised or lowered from time to time at the discretion of the Board of Estimate and Taxation without further approval of the Representative Town Meeting.
Sec. 2A-24. Charges and fees to be paid into general fund.
Charges for contractor registration, charges for false alarms, appeal fees and penalties for violations shall be collected by the administrator and placed in the general fund. (RTM, § 14, 4/14/1980; RTM, § 24, 12/13/1982.)
Sec. 2A-25. Enforcement.
The town, upon authorization of the administrator, may institute civil proceedings to enforce the provisions of this chapter.
(RTM, § 18, 4/14/1980; RTM, § 25, 12/13/1982.)
Sec. 2A-26. Applicability.
The provisions of this chapter shall not apply to alarm devices on premises owned or controlled by the town, including the Board of Education, the State of Connecticut or the
government of the United States nor to alarm devices installed in a licensed motor vehicle, trailer or boat.
(RTM, § 19, 4/14/1980; RTM, § 26, 12/13/1982.)
EXPLANATORY COMMENTS
The number of false alarms being made to the Police Department and Fire Department continues to hinder the efficiency of those departments, and improperly diverts the Town’s limited resources. The Alarm Appeals Board has met to address this issue. Several options were considered, several of which will be presented for consideration by the Representative Town Meeting in the near future.
The changes reflected in the ordinance being proposed at present are increases in certain fines and fees which have been in effect since 2001. The present fines and fees would now be in keeping with those of neighboring communities.
DEPARTMENT: First Selectman
CONTACT: Officer Keith Hirsch - 618-8305
REFERRED TO: Legislative & Rules Committee
VOTES:
RESOLVED, that the RTM accepts the following ordinance which is hereby enacted and is designated as the “Child Safety Zones” ordinance.
1. Purpose.
The Connecticut Legislature has determined that persons convicted or found guilty by reason of mental disease or defect [Connecticut General Statutes sec. 54-250(6), as amended] of certain criminal offenses against minors and sexually violent offenses, present a continuing danger to the health and safety of the public, sufficient to require that such persons register with the Connecticut Commissioner of Public Safety (“registry”). Several of registered individuals live in the Town of Greenwich. The Town of Greenwich’s parks, playgrounds, educational, recreational and sports facilities are provided and furnished for the use of children and families, and the Town of Greenwich has a compelling interest in protecting children from the threat of
sexual abuse and predation.
2. Definitions.
a) Child Safety Zone: A public park, playground, beach, recreation and/or teen center, sports facility and field, school or educational facility, including land on which such facilities are located (including such facilities’ parking areas), which is used for educational, recreational, sports, youth activities or child-care purposes and which is owned or leased by any municipal agency including, without limitation, the Board of Education. “Child Safety Zone” does not include any public street or highway, nor does it included a sidewalk that is located outside the boundaries of a Child Safety Zone.
b) Sex Offender: Any person who has been convicted or found not guilty by reason of mental disease or defect, in this or any other state, jurisdiction or federal military court, of a “criminal offense against a victim who is a minor” or a “a nonviolent sexual offense,” a “sexually violent offense” or any felony that the court has found “was committed for a sexual purpose” as those terms are defined in Connecticut General Statues Sections 54-250, Subsections (2), (5), (11) and (12), and who is required to register with the registry as a result of criminal activity pursuant to any provision of the Connecticut General Statutes, as amended.
3. Prohibition.
It shall be unlawful for a child sex offended to be present in any Child Safety Zone.
The provisions of this Ordinance shall not apply to the following:
a) Any person whose name has been removed from the Connecticut Department of Public Safety’s Sex Offended Registry or from the registry of any other state or in the federal or military system by act of a court or by expiration of the term such person is required to remain on such registry.
b) Any person entering into a facility in a Child Safety Zone for the sole purpose of voting in any municipal, state or federal election or referendum, provided that the person leaves the facility immediately after voting.
c) This Ordinance shall not apply to the extent that the conduct which is prohibited is in conflict with the terms of a judicially imposed sentence, order or probation or condition of parole which has been imposed upon a specific individual who is a sex offender.
4. Notice.
The Greenwich Chief of Police or his designee shall make reasonable efforts to provided prompt, actual written notice of the enactment of this Ordinance (which notice shall contain a copy of this Ordinance) to all persons who are listed on the Sex Offender Registry who reside in Greenwich, as well as to those persons who are thereafter added to the registry and reside in Greenwich, and registrants who move to Greenwich. Such notice requirement may be satisfied by the mailing of such notice by registered or certified mail, return receipt requested to the last known address of such person as listed on the Sex Offender Registry or as otherwise known to the Greenwich Chief of Police. The failure of any person to receive such actual written notice shall not be a defense to a violation of
this Ordinance.
Each Child Safety Zone shall be identified as such be a sign conspicuously posted at the primary entrance of or within the Child Safety Zone. The sign shall provide a warning that the area is a Child Safety Zone and that the presence therein or thereon by a registered sex offender is a violation of this Ordinance and is punishable be a fine.
5. Enforcement.
If a police officer reasonably believes that a child sex offender is in a Child Safety Zone in violation of this Ordinance, the officer shall require the suspected child sex offender to provide his name, address, and telephone number. If it is established that the individual is a sex offender, the office shall then issue a written warning that such person is in violation of this chapter and require the person to leave the Child Safety Zone. If the person refuses to leave or is later found to be in the same or any other Child Safety Zone, the officer may issue a citation, and penalties set for in ____ 6 of this Ordinance shall apply.
6. Penalties.
Any person in violation of this Ordinance shall be fined in the amount of one hundred dollars ($100.00) for each violation. Fines under this Ordinance shall abate in the event of the prohibited conduct results in a conviction for a new criminal offense under any applicable state or federal law or when the prohibited conduct is the basis for and results in the revocation of any condition of parole or probation.
EXPLANATORY COMMENTS
The adoption of such an ordinance was made at the suggestion of Neighborhood Resource Officer Keith E. Hirsch and is supported by the Greenwich Police Department and the Community and Police Partnership. The purpose of the Ordinance is to protect the children in the community from registered sex offenders. Child Safety Zones would be a tool for the Greenwich Police to use in helping to protect the children of Greenwich from contact with Sex Offenders.
The Ordinance creates Zones (public areas where children congregate, such as parks and schools) into which registered sex offenders may not enter. If a sex offender enters a Child Safety Zone, a police officer will obtain his name, address and telephone number and he will be given a written warning to leave the Zone. The penalty for violation of the Ordinance is a fine of $100.00.
Similar ordinances are currently in effect throughout the United States. Three communities in Connecticut have adopted Child Safety Zone ordinances: Danbury, New Milford and Windsor Locks.
DEPARTMENT: Selectmen
CONTACT: Peter Crumbine 622-7710
REFERRED TO: Appointments, Health & Human Services Committees
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Commission on Aging for a term beginning 4/1/09 and expiring 3/31/12.
JAMES B. DOUGHERTY
Explanatory Comments
James B. Dougherty. 747 North Street, Greenwich. New nomination as a regular member of the Commission on Aging for a term beginning 4/1/09 and expiring 3/31/12.
Iona College – BBA, University of Connecticut JD. Attorney and Managing Member of local Law Firm.
President, The Wild Geese, Founding Director and Secretary – The Irish American Museum of Washington, D.C., Vice President – the Greenwich Hibernian Association.
Member, Greenwich Adult Day Care, Transportation Association of Greenwich, Greenwich Catholic School System and Greenwich Bar Association.
DEPARTMENT: Selectmen
CONTACT: John Crary 622-7710
REFERRED TO: Finance, Health & Human Services Committees
VOTES: Board of Selectmen 3-0-0
To consider and act upon the following resolution approved by the First Selectman:
RESOLVED, pursuant to State Public Act No. 95-268, An Act concerning Neighborhood Assistance, the programs set out in the Explanatory Comments (attached) and complete applications filed in the Town Clerk’s office are hereby approved for the purpose of encouraging business contributions to non-profit organizations and government agencies providing important services in Greenwich.
Explanatory Comments
The Connecticut Neighborhood Assistance Act provides tax credits for businesses that contribute to community programs that have received both municipal and state approval. The programs include providing neighborhood assistance, job training or education, community services, crime prevention, energy conservation, or construction or rehabilitation of dwelling units for families of low and moderate income in the State.
Municipalities interested in submitting programs for inclusion in the 2009 program must hold a public hearing on their proposals, and the legislative body of each municipality must also vote to approve the programs. The programs should be detailed on the proposal forms. When the tax exempt organization and/or municipal agency receives both municipal and state approval for its proposed program(s), it is then up to that organization to secure funding for the approved program(s) from businesses, which in turn will receive a tax credit from the State of Connecticut. Basically, it is a way to give corporations and businesses an incentive to give money to non-for-profit, tax-exempt organizations and government agencies that aid the community.
Submitted for your approval for 2009 are 10 programs from organizations with a total funding of $ 755,404.00.
ATTACHMENTS
List of 2009 applicants. A complete set of applications with program information is available in the Town Clerk’s Office.
Also separate packet
DEPARTMENT: Police Department 0906PD01
CONTACT: David C. Ridberg 622-8010 N/A
REFERRED TO: Town Services Committee
VOTES: Board of Estimate and Taxation - First Selectman Peter J. Tesei
RESOLVED, that the Greenwich Police Department accept a monetary gift in the amount of $10,000 for the purpose of funding 2009 Spring Citizens Police Academy. This amount will be appropriated to Account F217-5110 for instructor compensation.
Explanation by the Chief of Police
The Greenwich Police Department requests permission to accept a monetary gift in the amount of $10,000 to assist with the funding of the 2009 Spring Citizens Police Academy. This extremely generous donation is from a Greenwich resident who wishes to remain anonymous. This gift will allow the Greenwich Police Department to conduct the 2009 Spring Academy for approximately 18% of the total cost. Based on overtime costs associated from prior Academy sessions, we anticipate an approximate amount of $12,150 necessary to compensate the instructors.
Attachments
Separate packet
Cost Analysis for Hosting the 2009 Citizens Police Academy
DEPARTMENT: FLEET DEPARTMENT
REFERRED TO: Town Services
VOTES: BET 11-0-0
RESOLVED, that the sum of $5,525 be and the same is hereby appropriated to be added to the account number indicated below:
Z 380-59120-29045 Auto Equipment $5,525.
EXPLANATORY COMMENTS
Supplemental cost of Hybrid vehicles. Amount approved $51,000, cost $56,525. Reimbursement by State of Connecticut Grant funds has been received in the amount of $8,440. Additional Grant funds to be received upon delivery of units.
ATTACHMENTS
Separate Packet
State of Connecticut Grant Fund check.
DEPARTMENT: Selectmen
CONTACT: John Crary 622-7710
REFERRED TO: Finance, Land Use, Legislative & Rules Committees
VOTES: Board of Selectmen 2-0-1
To consider and act upon the following resolution requested by the First Selectman and approved by the Board of Selectmen and the Planning and Zoning Commission.
RESOLVED, that the Representative Town meeting hereby approves the sale of a 4,083 square foot portion of a Town owned right of way adjacent to Holly Hill Lane to 644 West Putnam Avenue Associates, LLC for the sum of $300,000.00.
FURTHER RESOLVED, that the First Selectman is hereby authorized to execute on behalf of the Town any contract documents necessary to effectuate the sale of the above referenced property.
Explanatory Comments
In an effort to raise revenue for the Town during these difficult economic times, the First Selectman has initiated a program to identify and sell excess Town properties, which are no longer of any significant value to the Town. In this case, the Town is proposing to sell 4,083 square feet of excess right of way along Holly Hill Lane to 644 West Putnam Associates LLC. The corporation is interested in developing the property at 644 West Putnam Avenue as a commercial property with several proposed uses including a CVS Pharmacy. Through this acquisition the corporation will increase the floor area ratio for the site by approximately 2,000 square feet. The Town retained the services of the real estate appraisal firm of Liberty Unlimited, Inc. The fair market value to
any developer of an additional 2,000 square feet of FAR at this site was estimated by Liberty Unlimited Inc. to be $303,310.00. After several months of negotiations the parties have agreed to a sale price of $300.000.00.
DEPARTMENT: Office of the First Selectman May 14, 2009
REFERRED TO: Finance, Labor Contracts Committees
VOTES: Board or commission name vote (y/n/a)
RESOLVED, that the sum of $18,000 for the fiscal year 2009-2010 be and the same is hereby appropriated to carry out the terms of the negotiated one-year collective bargaining agreement between the Town of Greenwich and LIUNA Local 136.
FURTHER RESOLVED, that the Representative Town Meeting of the Town of Greenwich hereby approves such provisions of the agreement, 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.
EXPLANATORY COMMENTS
The Town of Greenwich and LIUNA Local 136 representing approximately 186 full-time and 35 part-time employees have reached an agreement on a one-year collective bargaining agreement to become effective July 1, 2009. Local 136 has agreed to forgo a general wage increase for FY 2010 savings approximately $581,000 in base salary.
Effective January 1, 2010 the existing more costly Anthem PPO and POS medical plans will be eliminated and replaced with a more cost effective High Deductible Savings Account medical plan. The Town will continue to offer the Health Net POS and HMO medical options. In addition, the employee’s premium share for medical plans will increase to 8% from 7% effective July 1, 2009. These negotiated changes in health care continues the Town emphasis in negotiations on controlling health care cost while maintaining quality health care to our employees and their families. The changes in health benefits will realize approximately $154,268 in savings.
In exchange for Local 136 agreeing to forgo a general wage increase for FY 2010 and moving to the High Deductible Health Savings Account the Town agreed that it would not lay off bargaining unit members during FY 2010 however, retaining the right to abolish vacant positions. The parties also agreed to a wage re-opener should the Town subsequent to this Agreement negotiate or grant a general wage increase to another employee group in an agreement that becomes effective July 1, 2009.
An allocation of $18,000 is being requested to cover a modest increase in the Town’s match to the employee’s 401-k account for FY 2010.
Attachments
Separate Packet
Memorandum of Agreement 2009 – 2010
Comptroller Letter
Cost Summary
DEPARTMENT: The Nathaniel Witherell 0906NW02
REFERRED TO: Finance, Health & Human Services, Legislative & Rules
VOTES: The Nathaniel Witherell Board of Directors (8/0/0)
WHEREAS: The Nathaniel Witherell Skilled Nursing Facility desires to present its financial position and results of operations on a revolving fund basis in order to provide for greater transparency of its operations and to improve the quality of its various financial reports.
RESOLVED: that the Treasurer is authorized to accept proceeds resulting from the activities of the Nathaniel Witherell Skilled Nursing Facility, and such proceeds shall become appropriations upon recommendation of the First Selectman and approval of the Board of Estimate and Taxation and the Representative Town Meeting if necessary under Section 30(c) of the Charter and be added to the appropriate accounts within the Nathaniel Witherell Skilled Nursing Facility Revolving Fund. For establishing funding for the appropriation accounts, the policies of the Town of Greenwich are hereby endorsed. It is acknowledged that any revolving fund balance may be utilized by the General Fund if required.
EXPLANATORY COMMENTS
In our effort to eliminate or minimize Nathaniel Witherell’s (“TNW”) cost to Town taxpayers, we have developed a business model which closely tracks our revenues and expenses. However, the present system of financial reporting as a Town Department provides a focus primarily on annual expenditures. It is virtually impossible to determine the true financial results of TNW’s operations from the Comprehensive Annual Financial Report of the Town of Greenwich. If one examines the Statement of Revenues, Expenditures and Changes in Fund Balances included in the 2008 Town of Greenwich Report, TNW’s results are unclear since its revenues and expenditures are not presented in traditional profit and loss format. By presenting TNW as a Revolving Fund (similar
to the Griffith E. Harris Golf Course and the Public School Lunch Program) the Town would have a detailed Balance Sheet and Income Statement which more accurately present our actual assets and liabilities and results of operations and more nearly conform to our own internal business model.
70 % of TNW’s revenues are generated from reimbursement under Federal (Medicare A~&~B) and State (Medicaid) programs which require detailed reporting and audits. The absence of a trial balance (and detail of all expenditures) runs the risk of a significant disallowance of reported expenses by the State of Connecticut (with a consequent risk of liability to the Town). TNW Staff devotes considerable time and effort to converting the reporting required by the Town’s financial systems and accounts to a format which complies with Federal and State audit requirements. A Balance Sheet and Statements of Revenues, Expenditures and Changes in Fund Balances generated by a Revolving Fund would greatly reduce the burden of converting existing accounts to the required Federal and State
formats and lessen the risk of items being disallowed.
TNW confronts the challenge of generating sufficient cash flow to reimburse the Town for principal and interest payments on debt incurred to finance the cost of Project Renew. By accounting on a Revolving Fund basis a Fund Balance at the beginning and end of the appropriate accounting period would provide a continuing transparent presentation of the amount available for repayment of debt service. Moreover, unlike the present reporting system in which TNW receives no credit or recognition for the earnings attributable to TNW revenues deposited to the General Fund of the Town, the Revolving Fund presentation would reflect the benefit of investment earnings on the monies generated by its operations, providing a strong incentive for the TNW Board and Staff to maximize net income and cash
flow.
It is submitted that a Revolving Fund provides a clearer, more transparent presentation of results of operations than does the Town’s present financial format. TNW operates in a highly competitive regulated industry and should be reporting in a business format which provides a more intelligible presentation of assets, liabilities, revenues and expenses. Since Revolving Fund status affects only financial presentation, there would be no diminution in Town of Greenwich control over a significant Town Department. TNW would continue to follow all Town policies, including purchasing, payroll and budgeting. Budgets would continue to be submitted for approval by the B.E.T. and RTM. Interim requests for additional appropriations or transfers across major object codes would continue to conform to
the same rules as any other Town Department. Cash receipts generated by TNW would continue to be deposited in the General Fund of the Town of Greenwich where they may be utilized for any lawful purpose of the Town.
Respectfully submitted,
Board of Directors of Nathaniel Witherell
DEPARTMENT: Parks and Recreation Department 0906PR01
REFERRED TO: Parks & Recreation Committee
VOTES: Board of Parks and Recreation vote (y/n/a); Board of Selectmen; Board of Estimate and Taxation
RESOLVED, that the Town of Greenwich, Department of Parks & Recreation accepts a gift of solar trash containers valued at $10,000.00 to be installed at Greenwich Point. The gift is from the Friends of Greenwich Point.
DEPARTMENT: Office of the First Selectman May 14, 2009
REFERRED TO: Finance, Labor Contracts, Town Services
VOTES: Board or commission name vote (y/n/a)
RESOLVED, that the sum of $31,000 for the fiscal year 2009-2010 be and the same is hereby appropriated to carry out the terms of the negotiated three-year collective bargaining agreement between the Town of Greenwich and Teamsters Local 456.
FURTHER RESOLVED, that the Representative Town Meeting of the Town of Greenwich hereby approves such provisions of the agreement, 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.
EXPLANATORY COMMENTS
The Town of Greenwich and Teamsters Local 456 representing approximately 312 full-time and 90 part-time employees have reached an agreement on a three-year collective bargaining agreement to become effective retroactive to July 1, 2008. The terms of the Agreement do not cover the approximately 100 employees assigned to Nathaniel Witherell for which the Town and Local 456 are negotiating separately. There is a general wage increase effective July 1, 2008 of 3.25%, which is similar to the increases negotiated with other Town bargaining units for that period. Local 456 has agreed to forgo a general wage increase for the second year of the Agreement beginning July 1, 2009 realizing a approximate savings of $634,160 in base salary; and, the parties have agreed to a wage re-opener for the third year of the
agreement.
Effective January 1, 2010 the more costly Anthem PPO and POS medical plans will be eliminated and replaced with a more cost effective High Deductible Savings Account medical plan. The Town will continue to offer the Health Net POS and HMO medical options. In addition, the employee’s premium share for medical plans in the second and third year will increase to 8% from 7% effective July 1, 2009 and to 10% effective July 1, 2010. Also effective July 1, 2009 the prescription drug employee co-payments will increase to $5/$25/$40 from $5/$15/$30. These negotiated changes in health care continues the Town emphasis in negotiations on controlling health care cost while maintaining quality health care to our employees and their families. The medical benefits changes will realize an approximate savings
of $248,580 in FY 2010.
The retiree medical credit was also eliminated for employees hired on or after July 1, 1995 and replaced with a retiree medical savings account for which both the Town and the employee will prospectively contribute % of base salary. The term life insurance that employees had continued during the employee’s first two years following retirement has been eliminated. Both of these changes will reduce the Town’s OPEB liability. Approximately 125 employees from the bargaining unit will be removed from OPEB liability for retiree medical credits.
In exchange for Local 456 agreeing to forgo a general wage increase for FY 2010 and moving to the High Deductible Health Savings Account the Town agreed that it would not lay off bargaining unit members during FY 2010 however, retaining the right to abolish vacant positions. The parties also agreed to a wage re-opener should the Town subsequent to this Agreement negotiate or grant a general wage increase to another employee group in an agreement that becomes effective July 1, 2009. The Town also agreed to modest increases in the employee’s 401-k match and contributions to the Local 456 welfare fund.
An allocation of $31,000 is being requested to cover a modest increase in the Town’s match to the employee’s 401-k account for FY 2010.
Attachments
Separate Packet
Summary of Negotiated Changes
Comptroller Letter
Cost Summary
Proposed Collective Bargaining Agreement 2008 – 2011, on file in Town Clerk’s office
DEPARTMENT: Planning & Zoning
REFERRED TO: All Committees
VOTES:
To consider and act upon the following resolutions, requested by the Planning and Zoning Commission and as approved at their May 12, 2009 Public Meeting :
RESOLVED, that the “1998 Plan of Conservation and Development,” approved by the Representative Town Meeting on April 13, 1998 is hereby repealed.
BE IT FURTHER RESOLVED that the “Plan of Conservation and Development, 2009” is hereby adopted as submitted and the “2002 Open Space Plan” dated May 2002 and adopted by the RTM in September 2002, the Grass Island Master Plan adopted by the RTM in 1990, the Planned Housing Design, designation on the Post Road from the Mianus River , east to the Stamford border , and from Edgewood Drive west to the New York border, (an amendment to the 1964 Land Use Map and Plan), and the Sewer Boundary Map dated May 2000 and adopted by the RTM in September 18 2000 remain in force as approved.
EXPLANATORY COMMENTS
In compliance with Section 92 of the Town Charter the Planning and Zoning Commission has prepared a Plan for the development of the Town, known as the 2009 Plan of Conservation and Development ; further in compliance with Section 95 of the Town Charter, and prior to its adoption of the 2009 Plan, the Commission filed a copy of this draft plan in the Town Clerk's office and held a public hearings on April 6, 2009 and May 6, 2009 after required public notice.
As required by Section 96 of the Town Charter, the P&Z Commission is hereby submitting this 2009 Plan of Conservation and Development to the RTM for approval.
ATTACHMENTS
The submission , “2009 Plan of Conservation and Development” has been filed in the Town Clerk’s Office and has been mailed to the RTM members under separate cover.
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