|
REPRESENTATIVE TOWN MEETING
TOWN OF GREENWICH
EXPLANATORY COMMENTS FOR
JANUARY 2009 MEETING
:
DEPARTMENT: First Selectman
REFERRED TO: Finance, Health & Human Services, Labor Contracts Committees
VOTES:
RESOLVED, that the sum of $74,305 for the fiscal year 2008-09 be and the same is
hereby appropriated to carry out the terms of the negotiated four-year collective bargaining agreement between the Town of Greenwich and the AFSCME Council 4 Local 1303-222.
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 with the meaning of Connecticut General Statutes, Section 7-474.
EXPLANATORY COMMENTS BY THE FIRST SELECTMAN
The Town and the AFSCME have reached an agreement on a successor collective bargaining agreement to the agreement that expired on June 30, 2008. The successor agreement is for a four-year term retroactive to July 1, 2008 expiring on June 30, 2012. AFSCME represents nineteen public health school nurses and three public health nurses assigned to the Department of Health,
As a preface to the narrative regarding the contract terms, the Town negotiators are keenly aware of the dramatic and fast paced changes to the economy in presenting this agreement for RTM action. These negotiations began in the winter of 2008. During most of the negotiations including the negotiations over wages, the economy was in a much different state that today. The Town offered wage increase in line with the guidelines,what it had negotiated with other units and what it expected back from the Union in the form of concessions. The Union agreed to the concessions and the Town agreed to the wage increases. The Town and Union negotiated in good faith in reaching this settlement and urge that the RTM approve the resolution. The Town negotiators are well aware of the current state of the economy and sense of the RTM as it
begins negotiations in 2009 with bargaining units for successor agreements to those scheduled to expire on June 30, 2009.
The agreement provides for general wage increases of 3.25% retroactive to July 1, 2008,
3.5% effective July 1, 2009, 3.25% effective July 1, 2010 and 3.5% effective July 1, 2011. AFSCME agreed to a number of the Town’s proposed health care changes. These changes include an increase in the amount of cost share of the premiums paid by employees for all health plan options and increasing the employee co-pays for the prescription drug plan to $5/$25/$40 from $5/$15/$30. These changes in health care are consist with terms negotiated with other Town and Board of Education bargaining units. The agreement also closes participation to the Town’s defined benefit retirement plan to newly hired bargaining unit employees. In exchange the employees remaining in the defined benefit plan received a COLA provision. The COLA provision is identical to the ones negotiated in the other agreements with civilian
employees. The agreement on this item completes the closing of the defined benefits plan to all newly hired civilian employees. All newly hired civilian employees will be enrolled in the Town’s defined contribution plan at a flat 5% cost to the Town versus the current 8.4% (scheduled to increase to 9.89% for FY 2010) for the defined benefits plan.
During the negotiations the Town resolved a long-standing complaint of public health school nurses regarding lack of compensation for working through and being restricted to the work site during the meal period. School nurses are required to remain at their work location during the meal period. In most instances, school nurses also work through all or part of their meal period on a routine basis. Connecticut wage and hours regulation require that employees be paid for all work time which includes working through the meal period and also requires compensation to employees who are restricted and on call during non paid period such the meal period. For the past several years the Board and Town attempted to alleviate school nurses working through the meal period with the school principals. However due to the nature of the work
these attempts were unsuccessful. To resolve this matter and avoid retroactive wage and hour claims, the parties agreed to amend the agreement to provide for a paid thirty-minute meal period. This is similar to the contract provisions the Town has in place for nurses and CNA’s who work at Nathanial Witherell and civilian public safety dispatchers. Like the school nurses, these employees are restricted during their meal period and routinely are required to work during the meal period. The requested allocation in the resolution is to fund this settlement retroactive to the start of the current school year.
There are two cost analysis presented with this agreement. There is one without the meal
period settlement and one with the meal period settlement. The total cost of contract without the meal period settlement is 2.55% in year 1, 2.42% in year 2, 2.48% in year 3 and 2.45% in year 4. With the meal period settlement the total cost of contract is 6.91% in year 1, 4.60% in year 2, 3.94% in year 3 and 3.56% in year 4.
A summary of all negotiated changes is included with the materials submitted to RTM.
I believe that the agreement is in the best interest to both the Town and to the covered
employees.
ATTACHMENTS – separate packet
Summary of Negotiated Changes
Comptroller Letter
Cost Analysis – Summary and Detail
Actuary Cost Letter on Retirement COLA provision
DEPARTMENT: Selectmen
CONTACT: Peter J. 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 Nathaniel Witherell Board for a term beginning April 1, 2009 and expiring 3/31/12.
FRANCIS J. SCARPA
Explanatory Comments
Francis J. Scarpa,. 233 Byram Shore Road, Greenwich. Renomination as a regular member of the Nathaniel Witherell Board for a term beginning 4/1/09 and expiring 3/31/12.
M.D. – The John Hopkins University, School of Medicine; A.B., cum laude – College of the Holy Cross.
Retired General Surgeon from Greenwich Surgical Group. Member, GEMS Board, Greenwich Old Timers Board, Greenwich Symphony Board, past Greenwich Police Surgeon.
DEPARTMENT: Legislative & Rules Committee,(Parks and Recreation)
CONTACT: Douglas Wells 622-4455
REFERRED TO: Land Use, 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.
§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.
§13-4. [delete Effect of Article] Tree Warden as Liaison to Other Municipal Departments.
§13-5. [delete Definitions] Pubic 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.
§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 Abutting Town-Owned Property.
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) Hazardous Tree: In relation to a tree or tree part, shall mean defective, diseased or dead, and posing an unreasonable risk of failure or fracture with the potential to cause injury to people or damage to property.
f) Property Owner: The owner of record of any parcel of land.
g) Tree: A woody plant, usually with one main trunk, reaching a height of at least fifteen feet when mature.
h) Shrub: A woody plant, branched from the base, generally less than fifteen feet in height when mature.
i) Woody Vegetation: All woody, non-herbaceous plants, not defined as trees or shrubs.
j) Greenwich Arboricultural Specifications and Policy Manual: A manual to be prepared, and to be amended from time to time, by the Tree Warden pursuant to this ordinance containing regulations and standards for the planting, maintenance, removal and protection of trees, shrubs and woody vegetation upon Town-owned property.
k) Person: Any person, firm, corporation or other entity, including any public utility.
l) Urban/Community Forest Management Plan: The long-range management plan and resulting annual work plans prepared by the Tree Warden for managing the Urban/Community Forest.
m) 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.
The Tree Warden shall prepare, in coordination with the Conservation Commission, a long-range, comprehensive strategic plan for the administration and management of a community forest program.
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.
Sec 13-5. Public Utilities.
a) Any public utility maintaining any overhead wires or underground pipes or conduits shall obtain permission from the Tree Warden before performing any maintenance work on the wires, pipes, or conduits which would cause injury to 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 Trees in public Property; 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 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.
Except as otherwise provided [delete herein] in Sec. 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.
[delete (10/15/1990.)]
Sec. 13-[delete 7] 10. Permits.
Permits are issued in conformity with [delete the General Statutes]Connecticut General Statutes 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.
(a) Any person violating any provision of these regulations shall be fined not more than ninety dollars ($90).
(b) Any person who unlawfully or willfully removes, prunes, injures or defaces any tree or shrub within the limits of a public way or public grounds without proper authority shall be fined not more than one hundred dollars ($100.) for each separate offense and shall be liable civilly for damages [Connecticut General Statutes, Section 23-65(b)].
(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 three (3) times the value of the tree, shrub or woody vegetation pursuant to Connecticut General Statutes sec. 52-560 and, for any encroachment (as referred to in Connecticut General Statutes sec. 52-560a), may bring an action to enforce the remedies and damages specified in Connecticut General Statutes sec. 52-560a. Nothing in this section shall limit the authority of the Tree Warden to invoke any other remedies under Connecticut General Statutes sec. 52-560 and sec. 52-560a.
(d) Any person who affixes to a telegraph, telephone, electric light or power pole, tree or shrub, rock or other natural object in any public way or grounds a playbill, picture, notice, advertisement or other similar thing, or cuts, paints or marks and tree, shrub, rock or other natural object or uses climbing spurs for the purpose of climbing any tree within the limit of any public highway or grounds shall be fined not more than fifty dollars ($50.) for each offense. Each affixing, cutting, painting, marking or climbing shall be considered a separate offense [Connecticut General Statutes, Section 23-65(a)].
(e) The fixing or any playbill, picture, notice, advertisement or other similar thing concerning the business or affairs of any person, firm or corporation to a tress, shrub, rock or other natural object within the limits of any public way or grounds by an agent or employee of such person shall be deemed to be the act of such person, and such person, or any member of such firm or any officer of such corporation, as the case may be, shall be subject to the penalty therein provided, unless such act is shown to have been done without his knowledge or consent [Connecticut General Statutes, Section 23-65(d)].
(f) The affixing of each individual playbill, picture, notice 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)]
(g) If any person plants any tree, shrub or woody vegetation 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.
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 sections 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, 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 . . .
NOTE: deletions are in brackets, additions are in bold print
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 Board of Social Services for a term beginning April 1, 2009 and ending March 31, 2012.
REBECCA WAYLAND
Explanatory Comments
Rebecca Wayland. 51 Valleywood Road, Cos Cob. New nomination as a regular member of the Board of Social Services Parks and Recreation for a term beginning April 1, 2009 and expiring 3/31/12.
B.A. Vanderbilt University, M.B.A. Harvard University, Ph.D (Philosophy) Pennsylvania State University.
Managing Director of Strategy Consulting and Scenario Planning Company.
Long-term planning with the Board of Trustees for William Paterson University of New Jersey. Strategy consulting with Family Re-entry – Bridgeport and Norwalk.
DEPARTMENT: Conservation Commission 0901CC01
REFERRED TO: Land Use Committee
VOTES:
RESOLVED, that the Conservation Commission of the Town of Greenwich be hereby authorized to accept a gift from the Mianus River Watershed Council for an underwater camera and related software valued at approximately $7,000;
EXPLANATORY COMMENTS
The Conservation Commission respectfully requests the members of the Representative Town Meeting to accept the following generous gift offered to the Town of Greenwich by the Mianus River Watershed Council (MRWC).
The Mianus Pond Fishway is one of the most successful fish restoration programs in Connecticut. The Mianus River spring run of river herrings is one of the best in the state increasing the biodiversity of the area. The herring run attracts many species including shore birds, river otters, and large numbers of sport fish. Additionally, it serves as an educational platform for inspiring many young and young-at-heart naturalists who love and advocate for a clean and healthy Long Island Sound.
In an effort to provide for better monitoring of the Mianus Pond Fishway , the Conservation Commission and the MRWC agree to collaborate on a project to install an underwater camera at the fish way. As part of this collaboration, the MRWC will provide an underwater camera, the SalmonSoft computer software program and other miscellaneous expenses estimated at approximately $7,000 for the installation and operation of a remote monitoring camera. The TOGCC will provide in-kind service and additional funds, not in excess of $6,000, for construction of the camera housing and image capture and review.
The MRWC gift is funded, in part, by a grant from the Long Island Sound Future Fund program administered by the National Fish and Wildlife Foundation. This program previously funded the newly installed access walk at the fishway.
DEPARTMENT: Conservation Commission 0901CC02
REFERRED TO: Land Use Committee
VOTES:
RESOLVED, that (a) the Conservation Commission of the Town of Greenwich be hereby authorized to accept receipts from the National Fish and Wildlife Foundation’s Long Island Sound Futures Fund Program in the amount of $2,000 and (b) these receipts to become appropriations in appropriate accounts upon approval of the Board of Estimate and Taxation.
EXPLANATORY COMMENTS
The Conservation Commission, as part of its role as an advisory board to all Town departments, seeks to continue to improve its knowledge of the natural resources of the Town, including Long Island Sound. The Town has been awarded a $2,000 grant to purchase equipment needed to conduct an eel survey on the Byram River. This inventory is part of the ongoing watershed management planning on the Byram River. The Town will provide inkind service in the form of staff hours to perform the survey, as a match for the grant.
ATTACHEMENTS – Separate packet
Grant application
DEPARTMENT: Parks and Recreation 0901PR01
REFERRED TO: Finance, Parks & Recreation Committees
VOTES: BET (12/15/08), 11-1-0
RESOLVED, That the sum of $175,000.00 be and the same is hereby appropriated to be added to the capital account number M824-59560-28084 known as “Griffith E. Harris Golf Course Administration Building and Pro Shop”.
EXPLANATORY COMMENTS
Interim funds in the amount of $175,000.00 are being requested to cover the projected construction contingency of undertaking this project. This project was originally approved as part of the FY 08-09 budget under account code number M824-59560-28084 for
$1,560,000.00.
The completed plans for the construction of the Administration Building and Pro Shop were bid in November of 2008. Seven bids were received ranging from a low bid of $1,344,034.00 to a high of $1,883,000.00. After accounting for architectural fees and permits, the total available project funds to date are $1,344,184.00. This would provide an inadequate project contingency fund of $150.00.
We are requesting to increase the project with $175,000.00 taken from the “Fund Balance” from the Griffith E. Harris Golf Course Revolving Fund. As of December 22, 2008 the Griffith E. Harris Golf Course Unrestricted Fund Balance is $ 300,000.00.
At the December BET meeting the BET approved the $175,000.00 appropriation with a condition to release. The first $100,000.00 upon approval of the RTM would be available to use towards the contingency and the balance of $75,000.00 would be subject to release by the BET based on a progress report of the project.
DEPARTMENT: Public Works 0109PW04
REFERRED TO: Finance, Public Works, Transportation Committees
VOTES: BET Vote 12-0-0
FURTHER RESOLVED, that the sum of $150,000 be and the same is hereby appropriated to be added to Account Number Z312-59620-28008, known as “Porchuck Road Bridge Replacement”.
EXPLANATORY COMMENTS:
DPW is requesting interim funds to augment our existing capital budget for the Porchuck Road Bridge replacement project. This will allow us to proceed with this critical project. The Porchuck Road Bridge is structurally deficient and in poor condition.
In order to minimize the impact of this request on the budget, DPW is proposing the use of Highway capital funds already appropriated and available to be returned to the fund balance. The funds to be returned to the fund balance are a result of savings on multiple projects. These funds are enumerated following the bridge project background information. This interim funding is essential to move the project forward in accordance with the CTDOT (State of Connecticut Department of Transportation) bridge reimbursement program requirements.
Project Background
- Bridge financing / reimbursement: The bridge is scheduled to be replaced and is being funded under the Federal Local Bridge Program. Through this program, 90.59% of the total project cost is being reimbursed to the Town with the Federal government providing 80% of the funding and the State providing 10.59% funding. Construction is scheduled to begin in April 2009 and finish by Winter 2009.
- Current Porchuck capital accounts: The funds for this project have been appropriated in the following accounts: Account No. Z312-59620-17008 and Z312-59620-28008. Expenditures to date for the design are $128,000.00; the remaining funds available for construction, construction administration, and contingency are $1,491,000.00.
- Initial Bid Results: The Porchuck Road Bridge Replacement Project was bid on July 16, 2008 and the Town received three (3) bids as follows:
McNamee Construction Corp. $1,335,575.50
New England Road Inc. (NERI) $1,389,386.00
Terry Contracting $1,443,480.00
After reviewing the bids, it was determined that the low bid, in conjunction with construction administration costs, would be higher than our available funding.
The Town decided to re-bid the project.
- Re-bid Results: The project was re-bid on November 12, 2008 with hopes that we would receive lower bids. The Town received one bid:
New England Road, Inc. (NERI) $1,362,386.00
Upon the review of all bid information, the project team recommends the Town accept this bid. We need to move the project forward to address this bridge’s condition. Please Note: this bid does not include any contingency; CTDOT does not permit this. Contingency funds are budgeted separately.
- Construction Administration: In accordance with CTDOT program requirements, the Town must award the construction administration contract prior to awarding the construction contract. The construction administration fee for this project is estimated at $250,000.
- Contingency funds: These will be requested in the FY 09/10 capital budget.
- Total interim request: In summary, we are requesting funds to allow us to award both the construction administration and construction contracts.
- Z312 Highway Capital Projects reduced to fund interim request:
Account |
Project |
Amount |
25037 |
Doubling Rd Bridge (reduce available balance, remainder to be addressed when State approves audit) |
$ 60,000 |
26129 |
King St. and Rye Lake Ave. Roundabout (reduce available budget, remainder being addressed) |
$ 47,000 |
27022 |
Mallard Drive Sidewalk (reduce available budget – encumbrance is for retainage) |
$ 29,000 |
28026 |
Glenville St. Bridge Scour Protection (reduce available budget, remainder being used to wrap up report) |
$ 28,000 |
|
Balance to be returned to General Fund; apply $150K to this request |
$ 164,000 |
DEPARTMENT: Parks and Recreation
CONTACT: Joseph A. Siciliano (203) 622-6472 Peter J. Mandras, Jr. (203) 622-6471
REFERRED TO: Parks & Recreation Committee
VOTES:
To consider and act upon the following resolution requested by the Director of Parks and Recreation and approved by the Board of Parks and Recreation:
RESOLVED, that the Town of Greenwich accept a gift in the amount of $25,000.00 as reimbursement for the Independence Day Fireworks Celebrations.
EXPLANATORY COMMENTS
Explanation by the Director of Parks and Recreation:
We respectfully request the acceptance of a gift in the amount of $25,000.00 from RBS Greenwich Capital to the Department of Parks and Recreation for reimbursement for the 2008 Independence Day Fireworks displays held at Greenwich Point and Binney Park. This donation has again allowed the Department of Parks and Recreation and Old Greenwich/Riverside Community Center to offer one of the most popular events of the year.
Upon acceptance of the gift, we will credit line item A812-53200, Parks and Recreation Organized Recreation, Recreation Athletic and Playground Supplies, to offset money paid to Atlas Pyrovision Productions, Inc. for their services for the Independence Day Celebrations.
DEPARTMENT: First Selectman, Board of Estimate & Taxation
CONTACT: Peter Tesei 622-7710; BET Laurence Simon 622-7720
REFERRED TO: Finance, Health & Human Services, Legislative & Rules
Committees
VOTES: Board of Selectmen 3-0-0; Board of Estimate & Taxation 12-0-0
RESOLVED, that the Property Tax Relief for the Elderly Ordinance,
Sec. 12-6.1 of the Town of Greenwich Charter and Code, be amended as follows:
Sec. 12-6.1. Property tax relief for seniors [the elderly].
1. Statutory authority; age qualification. Pursuant to General Statutes § 12-129n property tax relief shall be provided to any resident of the town with respect to real property occupied by such resident as his or her principal residence for which the resident is liable for taxes as owner or as tenant for life or years under General Statutes § 12-48, who meets the qualifying total annual income herein and (1) who is sixty-five (65) years of age or over, (2) whose spouse, living with the resident is sixty-five (65) years of age or over, or (3) who is sixty (60) years of age or over and the surviving spouse of a taxpayer receiving relief in the town under this section at the time of his or her death. The ages specified in this section shall have
been attained by December 31 preceding the application for tax relief under this ordinance.
2. Taxpayer qualification. Residents or spouses qualifying for tax relief under this section must be taxpayers of real property located in the town for one (1) year immediately preceding their receipt of tax benefits under this section and meet the requirements set forth in subsection 11 of this section with respect to the qualifying total annual income allowable for their federal income tax year preceding the year in which application is made for tax relief under this section.
3. Other relief. Prior to the granting of property tax relief, such person must first have applied for tax relief under any other statute for which he or she is eligible and shall certify to the assessor and tax collector the tax credits received thereunder. No property tax relief granted under this section, together with any property tax relief received by any such person under all applicable statutes shall exceed, in the aggregate seventy-five (75) percent of the total amount of the tax which would, except for those applicable statutes and this section, be laid against the person applying for tax relief hereunder.
4. Limit on abatement. The total abatement of property tax revenue which may be granted in each [such] tax year by the town pursuant to the provisions of this section shall [not exceed] be set by the Board of Estimate and Taxation at the time it sets the mill rate for such tax year at an amount which is (a) not less than the lesser of (1) $570,000 or (2) the amount of the tax credits for approved applications and (b) not greater than an amount, [based on an estimate in any tax year by the Board of Estimate and Taxation,] equal to one–half of one () [(1)] percent of the total real property tax levied in the town in the current [preceding] tax year. Such tax relief granted to eligible persons for any
fiscal year shall be [ratably] decreased if necessary to keep the total amount of the town tax relief within such limit by applying such decrease ratably to the credit for the eligible persons with the highest qualifying total annual income under Section 11.(a) and then if no credit is left for such income by applying the decrease ratably to the credit for next highest income and so on for the others, until the decrease that is required to stay within such limit is met.
5. Principal residence requirement. For purposes of this section the principal residence requirement in subsection 1 shall be met if the residents seeking qualification shall have maintained residence in the property for which tax relief is being sought for at least one hundred eighty-three (183) days during the twelve (12) months immediately prior to the filing of an application hereunder.
6. Qualifying total annual income. Qualifying total annual income for tax relief under subsection 11 of this section shall be reviewed and determined by the assessor on the basis of amounts listed in the computation of total income for federal income tax purposes furnished by the taxpayer for the year preceding the filing of an application for tax relief hereunder of the applying individual, if unmarried, or jointly, if married, regardless of whether or not separate federal income tax returns were filed by such person or his or her spouse and shall be adjusted in accordance with subsections (a) and (b) of this section.
(a) Included in income. Qualifying total annual income shall include income from the following sources, whether or not such sources were included in amounts listed for the computation of total income in a federal income tax return, and shall therefore be adjusted and determined by the assessor to the extent such amounts are not included as total income in a federal income tax return:
(1) Wages, bonuses, commissions, gratuities and fees, self-employment net income;
(2) Gross Social Security, Federal Supplemental Security Income, payment for jury duty (excluding travel allowance);
(3) Dividends, interest, and annuities;
(4) Taxable IRA distributions;
(5) Black Lung payments;
(6) Interest or proceeds resulting from gifts received;
(7) Lottery winnings;
(8) Net income from sale or rent of real or personal property, provided that, to the extent that there is no net income, qualifying total annual income shall not be decreased by sale and rental net income losses;
(9) Pensions, including veterans' and railroad retirement;
(10) Severance pay; Unemployment compensation;
(11) Worker's compensation;
(12) Alimony;
(13) Capital gains, provided that, to the extent there is no capital gain, qualifying total annual income shall not be decreased by capital losses;
(14) Partnership income, provided that, to the extent there is no net income, qualifying total annual income shall not be decreased by partnership net income losses;
(b) Excluded from income. Qualifying total annual income shall exclude income from the following sources, whether or not such sources were included in amounts listed for the computation of total income in a federal income tax return or under subsection (a) above and shall therefore be adjusted and determined by the assessor to the extent that such amounts are included in a federal income tax return or under subsection (a) above:
(1) Social Security payments specifically for a dependent person or minor child;
(2) Casualty loss reimbursements by insurance companies;
(3) Gifts, bequests or inheritances, except for any interest or other income produced by the gift, bequest or inheritance;
(4) Grants for disaster relief;
(5) Income derived through volunteer service under the Domestic Volunteer Service Act of 1973, as amended, including stipends earned under the Foster Grandparents' Program, Retired Senior Volunteer Program, Senior Companion Program, and Community Training under Department of Mental Retardation;
(6) Life insurance proceeds;
(7) For a married homeowner whose spouse is a resident of a health care or nursing home facility and who is receiving payment related to such spouse under Title XIX Medicaid, total income shall not include the spouse's Social Security income, provided that the following has been submitted to the Assessor on the facility's letterhead and signed by the administrator or other nursing home official:
(i) Proof that the spouse is in a health care or nursing home facility,
(ii) The name and address of the facility,
(iii) The period during the benefit year that the spouse was in the facility,
(iv) The period during the benefit year that the spouse was on Title XIX Medicaid;
(8) Food stamps; fuel assistance; child support payments and temporary family assistance program payments.
7. Delinquent taxes. No tax relief shall be given under this section to any person who has delinquent taxes to the town from real property, personal property or motor vehicles, including capital assessments or user charges owed to the town which have not been paid in full or brought current by June 1 preceding the fiscal year for which tax relief shall be granted. For purposes of this section, abated taxes shall not be considered delinquent.
8. Form of application. The form of application for property tax relief under this ordinance shall: (a) be made by affidavit on forms provided by the assessor and accompanied by documentation of all qualifying income, including a copy of the applicant's most recent federal tax return for the taxpayer's fiscal year immediately preceding the town's fiscal year for which tax relief is being requested and, (b) state the qualifying information set forth in the preceding sections of this ordinance, whether or not applicant has previously applied or is currently applying for any other tax relief for the elderly or disabled under any state statute. For those persons not required by law to file a federal tax return, an affidavit from such persons shall be required
attesting to the fact that they are not required to file a tax return.
9. Filing dates. An application for property tax relief under this ordinance, including any required affidavit and documentation, shall be filed by mail or delivered in person to the assessor’s office not earlier than February 1, nor later than May 15 to obtain property tax relief for the next fiscal year. For those persons who have sought and received by May 15 an extension of time to file a tax return, the application must nevertheless be filed by May 15 and a copy of the tax return received by the assessor's office by June 15 or the application will be denied. If the qualifying total annual income for the year following that contained in the application remains less than the limit of the category approved for a resident under subsection 11 then that resident shall not be
required to file an application in the next following year but shall only be required to file an application biennially and the assessor may rely on the approved application on file to continue the tax credit accordingly. Otherwise, based on changes for such following year in qualifying total annual income that exceed the limit of the category approved for a resident or for a claim that the resident be allowed a larger credit based on a lower income category under subsection 11, the resident shall notify the assessor of such change and, if still qualifying for property tax relief, shall file again annually, by the dates set forth in this subsection.
10. Assessment limit. The property tax relief available hereunder shall be available for one (1) residence only collectively for each applicant and spouse and shall not be available to any residence with an assessed value in excess of one hundred and fifty (150) percent of the median assessed value of residences sold during the prior assessment year October 1 to September 30 as calculated by the assessor.
11. Computation of credit. (a) The computation of the amount of property tax credit hereunder, subject to section 3, for the fiscal year commencing July 1, 2009[6] shall be determined on the following graduated basis:
Qualifying Total Annual Income Property Tax Credit
Less than [$18,000] $24,000 [$1,700] $1,900
[$18,000-27,250] $24,000-$36,000 [$1,130] $1,300
[$27,251-$39,000.00] $36,001-$50,000 [$ 850] $1,000
$50,001 - $60,000 $500
(b) For fiscal years commencing July 1, 2010[07] and following, the amount of tax credit shall be adjusted by a percentage change from the prior year as follows:
(1) In a fiscal year in which a tax assessment revaluation becomes effective, the percentage change shall be the product of the new mill rate times the new grand list divided by the product of the prior grand list times the prior mill rate, minus one.
Example:
Prior Grand List = $20 Billion
Prior Mill Rate = 12 mills
New Grand List = $40 Billion
New Mill Rate = 6.2 mills
Benefit Change = ((6.2 mills x $40 Billion)/(12 mills x $20 Billion))-1
= ($248 million /$240 million)-1
= .03333 or 3.333% increase
(2) In a fiscal year in which a tax assessment revaluation does not become effective the percentage change shall be the same as the percentage change in the mill rate from the prior year.
(c) For fiscal years commencing July 1, 2010 and following the qualifying total annual income shall be adjusted by the percentage increase in the Consumer Price Index affecting the town designated “CPI-W NY-NJ-CT-PA” rounded down to the nearest $500.
12. Death of taxpayer. Upon the death of any person entitled to tax relief pursuant to this section, the tax relief hereunder shall end the following June 30, unless his or her spouse is otherwise qualified.
13. Conveyance of property. If any person entitled to a tax credit hereunder sells the property with respect to which the tax relief hereunder has been granted, the tax relief shall be suspended as of the date of conveyance and the nonqualifying purchaser of such property shall pay the town a prorated share of taxes thereby due and owing as provided by General Statutes § 12-81a.
14. Proration of relief. The property tax relief provided for in this section may, in any case where title to real property is recorded in the name of the taxpayer or his or her spouse and any other person or persons, be prorated to reflect the fractional portion of such taxpayer or spouse or, if such property is a multiple family dwelling, such relief may be prorated to reflect the fractional portion of such property occupied by the taxpayer.
15. Cooperatives. Persons qualifying in accordance with age and income requirements of this ordinance shall be eligible if they are unit owners and occupiers of a cooperative. The amount of annual property tax relief in accordance with this section to any such person shall be determined in relation to an assumed amount of property tax liability applicable to the assessed value for the dwelling unit which such person owns and occupies as determined by the assessor which may be based on the number of cooperative shares attributable to the unit compared to the total number of shares in the cooperative. For purposes of this section the assessor shall determine the assumed amount of property tax liability applicable to the assessed value for the dwelling unit of each
such person who is otherwise eligible under this section, but such determination shall not constitute a tax bill for purposes of property taxation of such cooperative or any individual dwelling unit thereof. Annually not later than the first day of June, the assessor, upon the basis of an application for such relief, shall determine, with respect to the assessment list for the assessment year commencing October first immediately preceding, the portion of the assessed value of the entire cooperative, as included in such assessment list, attributable to the dwelling unit occupied by such person. The assumed property tax liability for purposes of determining the amount of such relief shall be the product of such assessed value and the mill rate in [such municipality] the town as determined for purposes of property tax imposed on said assessment list for the assessment year commencing October first immediately preceding. The amount of relief to which such person shall be entitled
for such assessment year shall be equivalent to the amount of tax reduction for which such person would qualify, considering such assumed property tax liability to be the actual property tax applicable to such person's dwelling unit and such person as liable for the payment of such tax.
16. Procedures. The tax collector and assessor shall prescribe with regard to their respective duties under this section, such forms and procedures as may be necessary to implement this section. The assessor, in addition, shall take such steps as are necessary to satisfactorily establish the facts as to the qualifying income of an applicant for benefits under this section by requesting and reviewing income tax forms filed therewith and any additional evidence of qualifying income, which the assessor may require. This documentation shall not be open to public inspection. The assessor may deny the application of a person who fails to provide information required by the assessor that is necessary to determine eligibility.
17. Effective date. This ordinance, as amended, shall be effective starting with applications accepted February 1, 2009[6] for tax relief for the fiscal year commencing July 1, 2009[6].
[18. All provisions of this ordinance, as amended, shall cease to be effective on June 30, 2010 unless an ordinance extending this ordinance is properly submitted to the Board of Estimate and Taxation and the Representative Town Meeting and approved prior to that date.]
(RTM, 4/9/2001; RTM, 12/10/2001; RTM 6/13/05)
Additions bold, deletions [brackets]
EXPLANATORY COMMENTS:
The Board of Estimate and Taxation (BET) recommends the attached ordinance replacing the one currently in effect for Property Tax Relief for Seniors. This ordinance is the result of more than a year of review and amendment by a select group of Town officials assembled and directed by the First Selectman. Subsequent to their work, the BET met and debated the various sections of the ordinance and is forwarding this amended version to the RTM for final passage.
The highlighted changes to the amended ordinance are as follows:
Limit on the abatement – the estimated cost on the implementation of the revised ordinance is limited to one-half of one percent of the total real property tax levied in the town in the current tax year. The previous cap was limited to one percent. The current limit for this change would cost approximately $1.3 million, if the cap was attained.
The BET will set the total amount of tax relief under this ordinance at an amount between a minimum of $570,000 and the cap described above. The BET would determine the amount of tax relief in the context of the total budget and the mill rate calculation. The ability to set the total amount of tax relief was instrumental in passing this ordinance with the higher income limits, higher benefit amounts as well as escalation provisions for both the income limits and benefit amounts.
Such tax relief granted to eligible persons for any fiscal year shall be decreased if necessary to keep the total amount of the town tax relief within the limitation, noted above, by applying such decrease ratably to the credit for the eligible persons with the highest qualifying total annual income under Section 11.(a) and then if no credit is left for such income by applying the decrease ratably to the credit for the next highest income and so on for the others, until the decrease that is required to stay within such limit is met.
Computation of the credit – the qualifying total annual income categorical limits and property tax credit amounts have been expanded and are highlighted in the attached ordinance. Of note is the increase in qualifying total annual income from $39,000 to $60,000.
For fiscal years commencing July 1, 2010 and following, the qualifying total annual income shall be adjusted by the percentage increase in the Consumer Price Index affecting the town designated “CPI-W, NY-NJ-CT-PA” rounded down to the nearest $500.00.
This ordinance would take effect for the 2009-2010 fiscal year and would be covering the application period of February 2009 – May 2009 if approved by the RTM.
| 
