|
REPRESENTATIVE TOWN MEETING
TOWN OF GREENWICH
EXPLANATORY COMMENTS FOR
OCTOBER 2009 MEETING
DEPARTMENT: RTM Special Committee on Structure and Rules
CONTACT: Joan Caldwell 869.2553 no email
REFERRED TO: Legislative & Rules, Public Works, Town Services, Transportation Committees
VOTES: RTM Special Committee on Structure and Rules vote (10-0-0)
RESOLVED, that, effective December 31, 2009, the RTM Transportation Committee be dissolved, and that its responsibilities be assigned to the Public Works, Land Use, and Town Services Committees as outlined in the revised APPENDIX B, Descriptions of Standing Committees, and that the words “Transportation Committee” be deleted from paragraph V.B.2 of the Rules of the RTM.
APPENDIX B
F. LAND USE COMMITTEE
Operational Responsibility:
* Reviews all matters concerning land use and planning and zoning submitted for RTM approval.
* Reviews operations of Planning & Zoning Commission and the Planning & Zoning Board of Appeals.
* Reviews operations of Inland Wetlands and Watercourses Agency.
* Reviews all items of municipal improvement status.
* Reviews planning of transportation initiatives, including planning for parking facilities, pedestrian rights of way, bicycle routes and traffic control.
* Reviews purchases, sales or leases of town real property.
* Reviews any updates of the town’s “Plan of Development” and annual amendments.
* Reviews all grants of easements.
* Reviews all matters regarding condemnation and condemnation awards.
* Reviews all gifts of real property to the town.
* Studies and debates acceptance or abandonment of private roads by the Town.
* Reviews demolition or renovation or any change in use of town-owned property.
Budget Responsibility:
* Reviews all appropriations and budgets for:
- Planning & Zoning Commission, and Planning & Zoning Board of Appeals.
- Inland Wetlands and Watercourses Agency.
- Conservation Commission.
- Historic District Commission.
- Architectural Review Board.
- Condemnation Commission.
- Flood and Erosion Control Board.
Overlapping Responsibility:
* For financial items over $50,000: with the Finance Committee.
I. PUBLIC WORKS COMMITTEE
Operational Responsibility:
* Reviews operations of all branches of town government relating to public works and recycling.
* Reviews the planning, construction, modification, maintenance, renovation of Town buildings and highways.
* Reviews construction issues relating to transportation facilities, including traffic control, traffic flow, highways, pedestrian rights-of-way, bicycle routes and parking.
Budgetary Responsibility:
* Reviews all appropriations and budgets for:
- Public Works Department including all programs, divisions and personnel.
- Sewer Improvement and Maintenance Fund
Overlapping Responsibility:
* For financial items over $50,000: with the Finance Committee.
J. TOWN SERVICES COMMITTEE
Operational Responsibility:
* Reviews operations of departments concerned with public safety.
* Reviews operations of Purchasing Department.
* Reviews communications matters: data processing, network services, information planning.
* Reviews risk reduction programs, such as training personnel in the safe and proper use of equipment, enforcing safety rules, and the contract obligations of Town vendors.
* Reviews Fleet Department operations.
Budgetary Responsibility:
* Reviews all appropriations and budgets for:
- Fire Department including all programs, division and personnel
- Fleet Department including all programs, division and personnel
- Police Department including all programs, divisions and personnel
- Purchasing Department
- Consumer Affairs Coordinator
- Board of Ethics
- Administrative Services Center
- Representative Town Meeting
- Office of First Selectman and Board of Selectmen
- Town Clerk
- Shellfish Commission
- Alarms Appeal Board
- General government areas not specifically covered by other RTM committees
Overlapping Responsibility:
* For financial items over $50,000: with the Finance Committee.
K. TRANSPORTATION COMMITTEE
Operational Responsibility:
- Reviews all transportation related issues, including mass transportation facilities (bus, rail, air).
- Other transportation concerns, including traffic control, traffic flow, highways, parking, parking fund.
- Reviews Fleet Department operations.
Budgetary Responsibility:
- Fleet Department, including all programs, divisions and personnel.
Overlapping Responsibilities:
* For financial items over $50,000: with Finance Committee.
* For parking and parking structure items: with Public Works Committee.
EXPLANATORY COMMENTS
The Special Committee offers this Substitute Resolution. The changes to the resolution are in the Appendix B. The Appendix B that was a part of the resolution that was submitted in the September Call was incorrect, because it reflected proposed changes that the Special Committee is offering in a separate resolution that appears below. The changes to this Appendix B reflect only the deletion of the Transportation Committee and its responsibilities, and the reassignment of those responsibilities to Land Use, Public Works and Town Services.
It is the recommendation of the Special Committee on Structure and Rules that the RTM vote to dissolve the Transportation Committee and assign its responsibilities to the Public Works, Town Services and Land Use Committees, as outlined in the revised Appendix B.
In the thirty-four (34) RTMs from January 2005 through January 2009, Transportation was assigned twenty-eight (28) items, of which four (4) were May budgets and eleven (11) were items assigned to all committees (See Appendix C of Special Committee Report dated April 2009). At fifteen (15) meetings, no items were assigned to Transportation.
The Committee concluded that the work of the Transportation Committee could be effectively handled by other committees as follows:
- Assign the review of transportation facilities to Public Works Committee
- Assign the review of transportation planning, including parking, pedestrian, bicycle, traffic control planning to Land Use Committee, and
- Assign the review of fleet and transportation operations to Town Services Committee.
DEPARTMENT: RTM Special Committee on Structure and Rules
CONTACT: Joan Caldwell 869.2553 no email
REFERRED TO: Appointments, Budget Overview, Finance,Legislative & Rules Committees
VOTES: RTM Special Committee on Structure and Rules vote (10-0-0)
RESOLVED, that section VI.C of the Rules of the Representative Town Meeting be re-captioned VI.D and a new section VI.C be inserted.
The new VI.C. reads as follows:
C. CAPITAL PROJECTS REVIEW COMMITTEE
1. Function:
The Capital Projects Review Committee (“CPRC”) shall:
a) Identify and report on the long term financial obligations associated with First Selectman's Capital Improvement Projects Budget (“CIP”);
b) Evaluate and report on the comparative advantages of pay as you go versus short term bonding or other financing for CIP;
c) Evaluate and report on the estimated project costs for the current and out-year appropriations to ascertain whether they include adequate provisions for cost increases, contingencies and soft costs;
d) Evaluate and report on the effect of an unanticipated capital requirement on the capital budget;
e) Analyze the capital budget approved by the First Selectman each year and report on the status of major projects previously appropriated including current estimated completion costs and dates;
f) Evaluate and report on proposed new projects with special attention to those over $1,000,000;
g) Identify for the RTM new projects for which costs will be appropriated in more than one year and whether the first year's appropriation effectively obligates the Town to appropriations in subsequent years;
h) Review and report on proposed projects' consistency with the Plan of Conservation and Development
i) Identify for the RTM projects that should be eliminated from the capital budget and the reasons therefor;
j) Identify for the RTM projects that were in the prior year's CIP but eliminated from the current CIP and the reasons therefor;
k) Identify for the RTM projects for which there were significant changes in scope, cost estimates or completion dates since appropriation;
l) Identify for the RTM projects which should be but are not included in the CIP;
m) Provide a delegate and alternate nonvoting member to the First Selectman's CIP committee.
2. Composition:
The CPRC shall consist of 7 members, all of whom shall be members of the RTM and who shall be appointed by the RTM on nomination of the Appointments Committee for terms expiring at the end of the term of the RTM during which they are appointed, provided that the term of each member shall continue thereafter until a successor shall have been appointed, and further provided that said members continue to be members of the RTM.
3. Election of Officers:
Within thirty days of the CPRC’s appointment by the RTM, the Moderator will schedule an initial meeting of the CPRC, at which meeting the members shall elect from among its delegates a chairman, vice-chairman and secretary.
Votes shall be by written ballot, and a majority of the committee members shall constitute a quorum. The newly elected chairman shall promptly notify the Town Clerk of such elections, and the Moderator shall announce the election of the committee officers at the next meeting.
4. Meetings:
The chairman shall convene CPRC meetings to plan and carry out the work of the committee. All meetings shall be posted in compliance with the Freedom of Information Act.
5. Reports:
The CPRC shall report to the RTM at its April meeting (or May if there is no April meeting) on its findings with regards to the proposed CIP appropriations and bonding, and shall recommend such action as it deems necessary to protect the Town's fiscal stability and interests. It shall also review the CIP process and recommend such changes as it considers advisable at the June RTM. It shall report to the RTM at such other times as it deems appropriate.
6. Minutes:
The minutes of all meetings of the CPRC shall be filed with the Town Clerk in compliance with the Freedom of Information Act. Such records shall be public records and shall be maintained for three terms after the end of the term to which they apply.
EXPLANATORY COMMENTS
The Special Committee offers this Substitute Resolution. The only changes to the resolution from the one appearing on the September Call is to correct spelling errors in section 1.i) & 1.j) and to insert language in paragraph 3. This additional language was added based on the observation of Mary Ferry that there was no provision for how the initial meeting of this CPRC would be conducted. The changes made to paragraph 3 are designed to resolve that issue.
The Committee recommends creating a seven (7) person special committee nominated by the RTM Appointments Committee and approved by the RTM.
At present, there is no committee of the RTM charged with looking at our capital projects on an ongoing basis extending beyond the present budget. The Special Committee feels that a need has arisen to have a committee, presumably with financial expertise, and is therefore recommending that a new committee be formed.
The new committee is to review all aspects of the CIP Budget including previously authorized projects, current recommended projects, and out year projects for their consistency with the POCD. The committee should also review financing approaches and the quality of cost estimates for these projects and make recommendations to the RTM on actions it should take at the May budget meeting. The new committee, to be called the Capital Projects Review Committee (CPRC), to avoid any confusion with the First Selectman’s “CIP” Committee, should also appoint a member and alternate member to the First Selectman’s CIP Committee.
REDLINED VERSION
C. CAPITAL PROJECTS REVIEW COMMITTEE
1. Function:
The Capital Projects Review Committee (“CPRC”) shall:
a) Identify and report on the long term financial obligations associated with First Selectman's Capital Improvement Projects Budget (“CIP”);
b) Evaluate and report on the comparative advantages of pay as you go versus short term bonding or other financing for CIP;
c) Evaluate and report on the estimated project costs for the current and out-year appropriations to ascertain whether they include adequate provisions for cost increases, contingencies and soft costs;
d) Evaluate and report on the effect of an unanticipated capital requirement on the capital budget;
e) Analyze the capital budget approved by the First Selectman each year and report on the status of major projects previously appropriated including current estimated completion costs and dates;
f) Evaluate and report on proposed new projects with special attention to those over $1,000,000;
g) Identify for the RTM new projects for which costs will be appropriated in more than one year and whether the first year's appropriation effectively obligates the Town to appropriations in subsequent years;
h) Review and report on proposed projects' consistency with the Plan of Conservation and Development;
i) Identify for the RTM projects that should be eliminated from the capital budget and the reasons therefore;
j) Identify for the RTM projects that were in the prior year's CIP but eliminated from the current CIP and the reasons therefore;
k) Identify for the RTM projects for which there were significant changes in scope, cost estimates or completion dates since appropriation;
l) Identify for the RTM projects which should be but are not included in the CIP;
m) Provide a delegate and alternate nonvoting member to the First Selectman's CIP committee.
2. Composition:
The CPRC shall consist of 7 members, all of whom shall be members of the RTM and who shall be appointed by the RTM on nomination of the Appointments Committee for terms expiring at the end of the term of the RTM during which they are appointed, provided that the term of each member shall continue thereafter until a successor shall have been appointed, and further provided that said members continue to be members of the RTM.
3. Election of Officers:
Within thirty days of the CPRC’s appointment by the RTM, the Moderator will schedule an initial meeting of the CPRC, at which meeting the members shall elect from among its delegates a chairman, vice-chairman and secretary.
Officers shall be elected by the members of the CPRC from among their number as soon as convenient following their appointment. Votes shall be by written ballot, and a majority of the committee members shall constitute a quorum. The newly elected chairman shall promptly notify the Town Clerk of such elections, and the Moderator shall announce the election of the committee officers at the next meeting.
4. Meetings:
The chairman shall convene CPRC meetings to plan and carry out the work of the committee. All meetings shall be posted in compliance with the Freedom of Information Act.
5. Reports:
The CPRC shall report to the RTM at its April meeting (or May if there is no April meeting) on its findings with regards to the proposed CIP appropriations and bonding, and shall recommend such action as it deems necessary to protect the Town's fiscal stability and interests. It shall also review the CIP process and recommend such changes as it considers advisable at the June RTM. It shall report to the RTM at such other times as it deems appropriate.
6. Minutes:
The minutes of all meetings of the CPRC shall be filed with the Town Clerk in compliance with the Freedom of Information Act. Such records shall be public records and shall be maintained for three terms after the end of the term to which they apply.
DEPARTMENT: RTM Special Committee on Structure and Rules
CONTACT: Joan Caldwell 869.2553 no email
REFERRED TO: Legislative & Rules Committee
VOTES: RTM Special Committee on Structure and Rules vote (10-0-0)
RESOLVED, that Paragraph B Claims Committee of Section VI SPECIAL COMMITTEES of the Rules of the Representative Town Meeting be amended by inserting a new section 2., and to renumber the following section as number 3., as follows:
2. Other Responsibilities. The Claims Committee is charged by the RTM to assess the Town’s exposure to liability that the Committee may discern from time to time in Town operations or on Town-held properties.
3. Organization.
EXPLANATORY COMMENTS:
The Special Committee offers this Substitute Resolution, which differs from the resolution submitted on the September Call by deleting language concerning the Claims Committee’s obligation to provide advice to the RTM and the First Selectman. Several Claims Committee members voiced concern that this obligation to report could create a greater exposure to liability for the Town. Accordingly, we have provided alternative language that does not create that affirmative obligation. The redlined version appears below as a reference.
In recent years, the Town has paid enormous settlements for claims brought against the Town resulting from a failure to address risk management situations. The Claims Committee, acting for the RTM, is the committee most aware of such exposures. The charge to the Claims Committee should be broadened to identify such exposures where known so that the RTM and Town officials can address these risks.
REDLINED VERSION
2. Other Responsibilities. The Claims Committee is charged by the RTM to assess the Town’s advise it and the First Selectman of any exposure to
liability that the Committee may discern from time to time in Town operations or on Town-held properties.
2. 3. Organization.
DEPARTMENT: RTM Special Committee on Structure and Rules
CONTACT: Joan Caldwell 869-2553 no email
REFERRED TO: Legislative & Rules Committee
VOTES: RTM Special Committee on Structure and Rules vote (10-0-0)
RESOLVED, that section V.A.4 of the Rules of the Representative Town Meeting be amended as follows:
4. Attendance of Delegates. If a delegate does not attend a minimum of 50% of the meetings of the committee to which he or she has been designated within the first calendar year of each term, the delegate is ineligible to serve as a delegate to that committee the following year, and a successor shall be selected in accordance with these rules. Each delegate to a committee shall be responsible for representing his district at the committee's meetings. In the event the delegate is unable to attend, he should confirm that his alternate will attend, and if the alternate is not able to attend, work with the district chairman to find a substitute to represent the district. No later than each December 31, of the first calendar year of each term, the secretary of each committee shall
report the names districts having more than one absenceof each delegate failing to meet the minimum attendance requirement to the Town Clerk and to the appropriate district chairmanchairmen.
The eligibility of such a member can be reinstated by a majority vote of the district membeEXPLANATORY COMMENTS
The Special Committee offers this Substitute Resolution. The need for a substitute resolution was based on the fact that in the September Call, the redlined version was incorrectly offered as a Call item. This substitute resolution serves to correct that error.
The present rule requires that a district delegate who fails to attend at least 50% of the committee meetings in the first year be dropped from the committee and that the relevant district appoint a new delegate. The Special Committee believes a delegate’s main responsibility is to report committee action to his district. Accordingly, we recommend that the rule be changed to provide that district representation be the objective, with only one district absence permitted per year. It is the delegate’s responsibility to make sure that the district is represented. The critical issue is district representation, not by whom. Districts that exceed the one permitted absence per year shall be cited from the lectern by the Moderator.
REDLINED VERSION
4. Attendance of Delegates. If a delegate does not attend a minimum of 50% of the meetings of the committee to which he or she has been designated within the first calendar year of each term, the delegate is ineligible to serve as a delegate to that committee the following year, and a successor shall be selected in accordance with these rules. Each delegate to a committee shall be responsible for representing his district at the committee’s meetings. In the event the delegate is unable to attend, he should confirm that his alternate will attend, and if the alternate is not able to attend, work with the district chairman to find a substitute to represent the district. No later than each December 31 of the first calendar year of each term, the secretary of each committee shall report the districts having more than one absence names of each delegate failing to meet the minimum attendance requirement to the Town Clerk and to the appropriate district chairmen. chairman. The
eligibility of such a member can be reinstated by a majority vote of the district members.
DEPARTMENT: RTM Special Committee on Structure and Rules
CONTACT: Joan Caldwell 869-2553 no email
REFERRED TO: Legislative & Rules Committee
VOTES: RTM Special Committee on Structure and Rules vote (10-0-0)
RESOLVED, that section III. B. 4 of the Rules of the Representative Town Meeting be amended by inserting the following language at the end of that section:
The Call and documents will be electronically transmitted to RTM members who waive, in writing, the requirement that they be mailed.
EXPLANATORY COMMENTS:
The Special Committee thinks that there is an economic benefit to be gained from electronically transmitting the Call and support documents, but adopting this provision requires that the Town make a commitment to make all documents available by email.
Nonetheless, the Committee is recommending that those members who desire such transmission waive their right to delivery by postal mail in writing to the Town Clerk.
The Town Clerk has said that email delivery is possible.
DEPARTMENT: RTM Special Committee on Structure and Rules
CONTACT: Joan Caldwell 869.2553 no email
REFERRED TO: Legislative & Rules Committee
VOTES: RTM Special Committee on Structure and Rules vote (10-0-0)
RESOLVED, that section III. I. 6 be added to the Rules of the Representative Town Meeting to read as follows:
6. Second Reading Procedure
No resolution that:
Revises the Charter; or
- Enacts or revises an ordinance; or
- Revises the Rules of the Representative Town Meeting; or
- Appears on the Call by way of a petition signed by at least twenty (20) registered voters (all of the above are hereinafter “The Proposed Resolution”),
- shall be voted upon by the Representative Town Meeting unless it has been subject to the following procedure:
a. It shall be placed on the Call of an initial Representative Town Meeting, and shall be referred to the appropriate committee(s) for review, revisions, and/or committee voting. The Proposed Resolution shall then be presented at the initial Representative Town Meeting, and committee reports shall be given.
b. Except in the case of an emergency, as defined below, no final action shall be taken on The Proposed Resolution without first being placed on the Call not sooner than the next regularly scheduled Representative Town Meeting. It shall be referred to the appropriate committees for a second reading, revisions and/or committee voting. It may then be considered and voted upon at the subsequent Representative Town Meeting.
c. An emergency is defined as a situation requiring immediate action to protect the public health or safety, or to protect the Town’s financial interest. In an emergency, The Proposed Resolution may be voted upon without a second reading. A two-thirds affirmative vote of the members present and voting shall be necessary to move The Proposed Resolution for a vote in such an emergency.
EXPLANATORY COMMENTS
The Special Committee offers this Substitute Resolution in response to concerns that the proposed resolution did not give clear instructions to the committees at the initial meeting. When the Special Committee’s resolutions came up in committee meetings in September, it was reported that Committees were unsure whether they should offer revisions to the resolutions and/or take votes. The language changes in paragraph “a.” verify that those activities are permitted by this resolution. The redlined version of the September resolution is submitted below.
Many items that come before the RTM are complex, especially those that involve our Rules, the Charter and Town Ordinances. Many time items that come to the RTM by way of petition are well-meaning but often poorly drafted.
The practice of requiring a second reading of documents is currently used in the Connecticut General Assembly. It gives members of that body extra time to consider the implications of the proposed legislation. The Structure and Rules Committee believes that a second reading would help to ensure that the RTM does not enact legislation that is not thoroughly considered by its committees. As drafted, it would apply to all non-emergency resolutions that amend the Charter, Town Ordinance, Rules of the RTM, or come to the RTM by petition of the voters.
REDLINED VERSION
6. Second Reading Procedure
No resolution that:
- Revises the Charter; or
- Enacts or revises an ordinance; or
- Revises the Rules of the Representative Town Meeting; or
- Appears on the Call by way of a petition signed by at least twenty (20) registered voters (all of the above are hereinafter “The Proposed Resolution”),
- shall be voted upon by the Representative Town Meeting unless it has been subject to the following procedure:
a. It shall be placed on the Call of an initial Representative Town Meeting, and shall be referred to the appropriate committee(s) for review, revisions, and/or committee voting. The Proposed Resolution shall then be presented at the initial Representative Town Meeting, and committee reports shall be given.
b. Except in the case of an emergency, as defined below, no final action shall be taken on The Proposed Resolution without first being placed on the Call not sooner than the next regularly scheduled Representative Town Meeting. It shall be referred to the appropriate committees for a second reading, revisions and/or committee voting. It may then be considered and voted upon at the subsequent Representative Town Meeting.
c. An emergency is defined as a situation requiring immediate action to protect the public health or safety, or to protect the Town’s financial interest. In an emergency, The Proposed Resolution may be voted upon without a second reading. A two-thirds affirmative vote of the members present and voting shall be necessary to move The Proposed Resolution for a vote in such an emergency.
DEPARTMENT: RTM Special Committee on Structure and Rules
CONTACT: Joan Caldwell 869-2553 no email
REFERRED TO: Legislative & Rules Committee
VOTES: RTM Special Committee on Structure and Rules vote (10-0-0)
RESOLVED, that section III. B. 6. be added to the Rules of the Representative Town Meeting, to read as follows:
6. A copy of any report to the RTM by a special committee shall be filed with the Town Clerk for permanent retention.
EXPLANATORY COMMENTS:
The Committee, as it prepared to undertake its charge from the Moderator, could not locate a copy of the 1996 RTM Report. Eventually one was located in the files of a long standing member. This revealed an error in our procedures because much good work is done over the years by committees of the RTM created for special purposes. The Committee believes that all such reports should be filed with and permanently retained by the Town Clerk so that they may serve as a basis for future reference and may serve in many instances as a statement of interest and purpose.
ITEM NO.: 8
DEPARTMENT: RTM Special Committee on Structure and Rules
CONTACT: Joan Caldwell 869.2553 no email
REFERRED TO: Legislative & Rules Committee
VOTES: RTM Special Committee on Structure and Rules vote (10-0-0)
RESOLVED, that the voting procedure of the Rules of the Representative Town Meeting be amended by revising paragraph III.I.4.b. and c., to read as follows:
b. Where required by the Freedom of Information Act or upon motion duly adopted, a record vote shall be taken by the district chairmen on a voting card properly identified as to the subject being voted upon. The vote shall be taken in the following manner: The district chairmen shall first delete from the voting card the names of the members not present. The chairmen shall then circulate their voting cards among the members of the delegation to personally record their own votes.
c. Upon completion of the vote, the district chairmen shall deliver the voting cards to the Town Clerk.
EXPLANATORY COMMENTS
There was some concern over the lack of uniformity in the recording of votes by different districts at the RTM. The Committee feels that this could lead to questions as to the accuracy of the vote. Therefore, it is recommending that each member be responsible for recording his or her own vote on an item.
REDLINED VERSION
b. Where required by the Freedom of Information Act or upon motion duly adopted, a record vote shall be taken by the district chairmen on a voting record card properly identified as to the subject being voted upon. The vote may shall be taken in either of the following manners:
1. The district chairmen shall first delete from the voting record card the names of the members not present. The chairmen shall then permit circulate their voting cards among the members of the delegation to personally record their own votes.
2. In the alternative, the district chairmen shall first delete from the voting cards the names of any members not present. The chairmen shall then poll the district and record the vote of each member. The voting record card shall then be exhibited to the members of the distract, who shall verify the marking of their votes.
c. Upon completion of the poll vote, the district chairmen shall deliver the voting cards record vote to the Town Clerk.
DEPARTMENT: RTM Special Committee on Structure and Rules
CONTACT: Joan Caldwell 869.2553 no email
REFERRED TO: Legislative & Rules Committee
VOTES: RTM Special Committee on Structure and Rules vote (10-0-0)
RESOLVED, that the Legislative and Rules Committee be charged with the responsibility of periodically updating the Rules of the Representative Town Meeting, by deleting the following from Appendix B, paragraph G:
* Furnishes copies of RTM Rules, Appendices and Town Charter to RTM members.
And inserting in its place the following:
* Prepares revisions of RTM Rules and Appendices for the Town Clerk.
* Periodically updates RTM Rules for distribution to Town Clerk and RTM.
EXPLANATORY COMMENTS
At present, no one is charged with responsibility for keeping the RTM Rules up to date and periodically the RTM has amended or added to its own rules. The Committee, therefore, is recommending that the Legislative and Rules Committee be charged with that responsibility.
REDLINED VERSION
From: Appendix B
Description of Standing Committees
G. LEGISLATIVE AND RULES COMMITTEE
Operational Responsibility:
* Rules on the legal aspects of items on the RTM call.
* Reviews operations of the Law Department.
* Reviews Charter amendments and town ordinances, leases and other legal documents submitted to the RTM for approval.
* Examines RTM rules and procedures, with respect to the body as well as to its committees and districts.
* Considers any appeals from the decisions of the Town Attorney.
* Proposes revisions of the Rules of the RTM.
* Furnishes copies of RTM Rules, Appendices and Town Charter to RTM members.
*Prepares revisions of RTM Rules and Appendices for the Town Clerk.
*Periodically updates RTM Rules for distribution to Town Clerk and RTM.
Budgetary Responsibility:
* Law Department
* Probate Court
Overlapping Responsibility:
* For financial items over $50,000: with the Finance Committee.
Committees shall plan and coordinate their departmental budget reviews with the budget schedule.
DEPARTMENT: RTM Special Committee on Structure and Rules
CONTACT: Joan Caldwell 869.2553 no email
REFERRED TO: Budget Overview, Finance, Legislative & Rules Committees
VOTES: RTM Special Committee on Structure and Rules vote (10-0-0)
RESOLVED, that paragraph V.G of the Rules of the Representative Town Meeting of the Town of Greenwich be amended by deleting the existing paragraph V.G in its entirety, and inserting the following language, to read as follows:
G. Budget Planning Process
Committees shall plan and coordinate their departmental budget reviews with the budget schedule promulgated by the Board of Estimate & Taxation.
AND FURTHER RESOLVED, that Appendix H be amended by deleting the entire language, and inserting in its place the following language, to read as follows:
APPENDIX H
BUDGET PLANNING PROCESS
Committees shall plan and coordinate their departmental budget reviews with the budget schedule promulgated by the Board of Estimate & Taxation.
EXPLANATORY COMMENTS
The current Rule contains a prescriptive process for budget reviews which has been more honored in its breach than its observation. Each year, the BET produces a schedule for the submission and review of departmental budgets. This schedule provides a timeline which RTM committees can follow in their own reviews.
REDLINED VERSIONs
From V. STANDING COMMITTEES of the Rules of the RTM of the Town of Greenwich
G. BUDGET PLANNING PROCESS
Each standing committee, except for the Appointments and Budget Overview Committees, is charged to adhere in accordance with the following timetable provided:
September:
1) Standing committees establish budget sub-committees whose purpose is to monitor the Town budget proceedings involving their respective functional Town departments.
2) Chairman of each standing committee provides reporting guidelines to its budget sub-committee.
3) Standing committee chairmen meet collectively with the Town Budget Director to review the budget process for the fiscal year.
4) Standing committee chairmen distribute the names of RTM members serving on
their respective budget sub-committees to the Town department(s) and/or agency(s) with which the committee is functionally involved as well as advising the Budget Overview Committee of their budget sub-committees’ personnel. Each standing committee chairman should formally request of the Town department(s) monitored by that committee a schedule of all budget meetings its delegate may attend.
October:
1) Each standing committee chairman, on behalf of its budget sub-committee, requests from the Budget Overview Committee copies of the pertinent departmental budget requests and support documents when made available in early November.
November:
1) Committee chairmen receive and distribute pertinent departmental budget documents to their budget sub-committees.
2) Budget sub-committees should monitor the development of the budget requests of their functional departments and attend scheduled meetings between Town department heads and the Budget Committee of the BET.
3) Sub-committees conduct research into line item requests and discuss their thoughts with department managers and their standing committees, if necessary.
December:
1) Budget sub-committees attend subsequent meetings between BET Budget Committee and Town departments with which they are functionally involved.
2) Sub-committees make their reports to their respective standing committees. Each standing committee may draft its conclusions and submit its report to the Budget Committee of the BET, which is preparing its Recommended Budget.
January – March:
1) Each standing committee determines whether to submit its finding and recommendations to the Town Clerk for distribution with the publication of the Recommended Budget in early February.
2) Budget sub-committees discuss and evaluate any information subsequently submitted by Town departments to the BET Budget Committee for changes or reinstatements to the Recommended Budget.
3) By Mid-March any standing committees having differences with the BET Budget Committee should be prepared to discuss their findings and recommendations at their respective meetings with the BET Budget Committee.
4) RTM members are encouraged to attend the public hearings held by the BET to discuss the various departmental budgets.
April:
1) Standing Committees may submit their final budget conclusions and recommendations in a written report to the Town Clerk for distribution, together with the Proposed Budget, to the members of the RTM.
May:
1) At the RTM budget meeting, if a standing committee plans to offer a line item amendment, the committee chairman shall offer a standing committee report in accordance with Rules of the RTM, Section III G., “Making Standing Committee Reports.”.
DEPARTMENT: RTM Special Committee on Structure and Rules
CONTACT: Joan Caldwell 869.2553 no email
REFERRED TO: All committees (Each committee to review the description of responsibilities of that committee),
Legislative & Rules Committee
VOTES: RTM Special Committee on Structure and Rules vote (10-0-0)
RESOLVED, that Appendix B, Descriptions of Standing Committees, of the Appendix to Rules of the Representative Town Meeting be amended to read as follows:
APPENDIX B
DESCRIPTIONS OF STANDING COMMITTEES
The following summaries of RTM standing committee functions to provide an outline of each committee’s primary function and areas of jurisdiction, but is not intended to limit or restrict in any manner the rights and activities of those committees.
A. APPOINTMENTS COMMITTEE
Operational Responsibility:
* Interviews and evaluates all candidates for nominees to town boards, commissions, and agencies Special Committees, and similar positions.
* May recruit, evaluate and propose candidates for Boards, commissions, and agencies when Board of Selectmen fails to submit nominations within three months of the expiration of a term of office or the incidence of a vacancy.
* Proposes nominees for the permanent Special Committees of RTM including Claims Committee, CPRC Committee, Labor Contracts Committee, Condemnation Commission, and the Flood and Erosion Control Board.
* Proposes nominees for Condemnation Commission, and the Flood and Erosion Control Board.
* Reviews any organizational changes or reporting relationships in town government.
Overlapping Responsibility:
With any appropriate functional committee that confers with respect to a nomination to a board, agency or commission within its area of responsibility.
B. BUDGET OVERVIEW COMMITTEE
Operational Responsibility:
* Shall act in advisory capacity to the RTM and its committees with respect to the budget.
* Reports on the development of the operational budget for the coming year, giving reports at strategic points in the budgetary process, suggesting guidelines, and making recommendations so that the RTM is well prepared, before the May budget meeting, to make decisions regarding specific expenditures.
* Coordinates the analysis of the budget for the coming year with the budget sub-committees of each of the other standing committees.
* Studies and reports to the RTM, in a timely manner for district and other standing committee consideration, any potential improvements in departmental organization or methods of operation, working cooperatively whenever possible with town departments and the Board of Estimate and Taxation.
* Identifies specific areas of the budget upon which to concentrate its analysis, coordinating with other standing committees to avoid duplication of effort on matters chosen for review.
* Monitors implementation of important elements in the current year’s budget including existing programs, new programs, capital improvements and labor settlements and reports periodically to the RTM on their budgetary impact.
* Works with members of the BET to jointly develop acceptable budgetary targets annually.
C. EDUCATION COMMITTEE
Operational Responsibility:
* Reviews operations of the educational system.
* Reviews operations of the libraries and museum.
Budgetary Responsibility:
* Reviews appropriations and budgets for:
- Greenwich Public School System
- Greenwich Library System
- Perrot Memorial Library
- Bruce Museum
- Revolving Funds
- Long range capital development programs within the educational system
- Any expenditure or changes necessitated by new mandates
Overlapping Responsibility:
* For financial items over $50,000: with the Finance Committee:
D. FINANCE COMMITTEE
Operational Responsibility:
* Reviews the following matters current financial operations of the Town as they are submitted to the RTM or as the Finance Committee deems necessary. the operations of the town departments which are financially oriented: Finance, Assessor, Comptroller, Tax Collector and Treasurer.
* Reviews all capital outlays.
* Studies, analyzes and evaluates all interim appropriations and gifts over $50,000.
* Reviews matters expenditures relative to municipal property and liability insurance, including types and amounts of insurance carried, self-insurance and risk management programs, and financial contingency plans.
* Reviews annually the town’s Long Range Capital plans.
* Reviews all Reserves and Contingency accounts.
* Reviews all proposed leases or rental agreements. Reviews all proposals for acquisition or disposal of property of Town Properties. for terms of more than two years or with annual payments in excess of $40,000. Groups of rental or lease agreements for similar property should be considered based on the aggregate values rather than lease by lease.
* Advises RTM annually on the financial impact on the tax levy of changes and additions to the capital plan; and the amounts of the town’s reserves, contingency and parking fund.
Budgetary Responsibility:
* Reviews all appropriations and budgets for:
- Finance Department, Assessor, Comptroller, Tax Collector, Treasurer
- Retirement Board
- Pension and Trust Funds
- Board of Tax Review
- Board of Assessment Appeals
- Fixed Charges
Overlapping Responsibility:
* For all items over $50,000: with appropriate functional committee.
E. HEALTH AND HUMAN SERVICES COMMITTEE
Operational Responsibility:
* Reviews areas relating to protection of the health and welfare of residents and environment of the Town, including:
- availability of public health programs and social services.
- enforcement of health statutes and codes and ordinances.
- maintenance of environmental programs covering air and water quality and general overseeing of the disposal of solid and toxic waste and composting, and septic systems.
* Reviews operations of The Nathaniel Witherell.
* Reviews functioning of the Greenwich Emergency Medical Service.
* Considers affordable housing matters.
* Maintains relationships with other environmental agencies and providers or users of health and social services.
* Reviews operations of all departments and agencies within Town government providing services to town residents in the areas of financial assistance, social services, housing or health care and disease prevention. Specific group categories are the aged, children and adolescents, families, the homeless, indigent, mentally ill and substance abusers.
* Studies the general effectiveness and efficiency of the Social Services and Health Departments and Commission on Aging and their respective boards.
Budgetary Responsibility:
* Reviews all appropriations and budgets for:
- Department of Health and Department of Social Services, including all programs, divisions and personnel.
- The Nathaniel Witherell
- Greenwich Emergency Medical Service
- Greenwich Community Development Program Funds
- Commission on Aging
Overlapping Responsibility:
* For the financial items over $50,000: with the Finance Committee.
* For the Senior Center and youth programs at Town Civic Centers: with the Parks and Recreation Committee.
F. LAND USE COMMITTEE
Operational Responsibility:
* Reviews all matters concerning land use and planning and zoning submitted for RTM approval.
* Reviews operations of Planning & Zoning Commission and the Planning & Zoning Board of Appeals.
* Reviews operations of Inland Wetlands and Watercourses Agency.
* Reviews all items of municipal improvement status.
* Reviews purchases, sales or leases of Town real property.
* Reviews any updates of the Town’s “Plan of Conservation and Development” and annual amendments thereto.
* Reviews all grants of easements.
* Reviews all matters regarding condemnation and condemnation awards.
* Reviews all gifts of real property to the Town.
* Studies and debates acceptance or abandonment of private roads by the Town.
* Reviews demolition or renovation or any change in use of Town-owned property.
Budget Responsibility:
* Reviews all appropriations and budgets for:
- Planning & Zoning Commission, and Planning & Zoning Board of Appeals.
- Inland Wetlands and Watercourses Agency.
- Conservation Commission.
- Historic District Commission.
- Architectural Review Board.
- Condemnation Commission.
- Flood and Erosion Control Board.
Overlapping Responsibility:
* For financial items over $50,000: with the Finance Committee.
G. LEGISLATIVE AND RULES COMMITTEE
Operational Responsibility:
* Rules on the legal aspects of items on the RTM call.
* Reviews operations of the Law Department.
* Reviews Charter amendments and Town ordinances, leases, citizens petitions and other legal documents submitted to the RTM for approval.
* Examines RTM rules and procedures, with respect to the body as well as to its committees and districts.
* Considers any appeals from the decisions of the Town Attorney.
* Proposes revisions of the Rules of the RTM.
* Furnishes copies of RTM Rules, Appendices and Town Charter to RTM members.
* Prepares revisions of RTM Rules, Appendices and Town Charter for the Town Clerk.
* Periodically updates RTM Rules for distribution to Town Clerk and RTM.
Budgetary Responsibility:
* Law Department
* Probate Court
Overlapping Responsibility:
* For financial items over $50,000: with the Finance Committee.
H. PARKS AND RECREATION COMMITTEE
Operational Responsibility:
* Reviews operations of department concerned with parks, recreation, and marine facilities and the Griffith E. Harris Golf Course.
Budgetary Responsibility:
* Parks and Recreation Department, including all programs, divisions and personnel.
* Griffith E. Harris Golf Course Revolving Fund.
* Harbor Master
Overlapping Responsibilities:
* For financial items over $50,000: with the Finance Committee.
* For the Senior Center and youth programs at Town civic centers: with the Health and Human Services Committee.
I. PUBLIC WORKS COMMITTEE
Operational Responsibility:
* Reviews operations of all branches of Town government relating to public works and recycling.
* Reviews the planning, construction, modification, maintenance, renovation of Town buildings and highways.
* Provides ex officio representation on school building committees.
Budgetary Responsibility:
* Reviews all appropriations and budgets for:
- Public Works Department including all programs, divisions and personnel.
- Sewer Improvement and Maintenance Fund
Overlapping Responsibility:
* For financial items over $50,000: with the Finance Committee.
J. TOWN SERVICES COMMITTEE
Operational Responsibility:
* Reviews operations of departments concerned with public safety.
* Reviews operations of Purchasing Department.
* Reviews communications matters: data processing, network services, information planning.
* Reviews risk reduction programs, such as training personnel in the safe and proper use of equipment, enforcing safety rules, and the contract obligations of Town vendors.
* Reviews Board of Ethics.
* Reviews Shellfish Commission.
Budgetary Responsibility:
* Reviews all appropriations and budgets for: including all programs, divisions and personnel for:
- Fire Department including all programs, division and personnel
- Police Department including all programs, divisions and personnel
- Purchasing Department
- Consumer Affairs Coordinator
- Board of Ethics
- Administrative Services Center
- Representative Town Meeting
- Office of First Selectman and Board of Selectmen
- Town Clerk
- Shellfish Commission
- Alarms Appeal Board
- General government areas not specifically covered by other RTM committees
Overlapping Responsibility:
* For financial items over $50,000: with the Finance Committee.
K. TRANSPORTATION COMMITTEE
Operational Responsibility:
- Reviews all transportation related issues, including mass transportation facilities (bus, rail, air).
- Other transportation concerns, including traffic control, traffic flow, highways, parking, parking fund.
- Reviews Fleet Department operations.
Budgetary Responsibility:
- Fleet Department, including all programs, divisions and personnel.
Overlapping Responsibilities:
* For financial items over $50,000: with Finance Committee.
* For parking and parking structure items: with Public Works Committee.
EXPLANATORY COMMENTS
The Special Committee provided a "cleaned-up" version of the Standing Committee descriptions in Appendix E of its April 2009 report. The version included here shows all of the changes, marked from the current Rules. The changes exclude the elimination of the Transportation Committee, as it has not been acted on by the full RTM, but includes the addition of the Capital Projects Review Committee, and other changes.
DEPARTMENT: Community Development
REFERRED TO: Finance, Health & Human Services, Legislative & Rules
VOTES: board or commission name vote (y or n)
RESOLUTION BY THE BOARD OF ESTIMATE AND TAXATION IN PASSING UPON THE REPORT AND THE RECOMMENDATIONS OF THE BUDGET COMMITTEE
FOR THE 2010 (January 1, 2010 through December 31, 2010) BUDGET YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROPOSED BUDGET
AND EXPENDITURE HISTORY FOR YEAR 2010
WHEREAS, the Policy of the Town of Greenwich requires that the Board of Estimate and Taxation shall annually make and file in the Office of the Town Clerk a Detailed Statement of the Appropriations, with its reasons for said Appropriations which it deems necessary to meet the expenses and to conduct the affairs of the Community Development Block Grant Program of the Town of Greenwich for the ensuing Fiscal Year, that is to say, for the Year January 1, 2010 to December 31, 2010 inclusive; and
WHEREAS, the said Board has so filed in the Office of Town Clerk a Detailed Statement of such Appropriations contained in a document designated as the Greenwich Connecticut Proposed Five-Year Consolidated Plan, Strategic Plan for Years 2010 to 2014 Including 2010 Annual Action Plan (pages 45 through 48, and pages 77 through 142), and it will also forward a copy of this resolution indicating approval of the Community Development Block Grant Plan and Budget for the Fiscal Year January 1, 2010 – December 31, 2010 by the Board of Estimate and Taxation; and
WHEREAS, the said Policy provides that the Board of Estimate and Taxation shall submit proposed Appropriations and make such Appropriations as may appear advisable, except that no Appropriations shall be made exceeding an amount for the same purpose recommended by the said Board; and
WHEREAS, said Proposed Year 2010 CDBG Budget and Expenditure History was forwarded to the members of the Representative Town Meeting on or about September 24, 2009 for action by the Representative Town Meeting at their Meeting to be held October 26, 2009.
NOW, THEREFORE, BE IT RESOLVED, that the recommendations of the Board of Estimate and Taxation as contained in the said Proposed Year 2010 CDBG Budget and Expenditure History filed, as stated, in the Office of the Town Clerk and submitted at the meeting of the Representative Town Meeting be and the same hereby are approved as the Appropriations for the ensuing Calendar Year 2010, except that the following items shall be increased, decreased, modified or omitted as follows:
Appropriations Recommended
By Budget Increase (+) or Reason for
Department Code Number Committee By Board Decrease (-) Increase/Decrease
Total Increase (+)/Decrease (-)……………………………………………….
FURTHER RESOLVED, that the Appropriations of $1,173,151.54 (+/-), set forth, are hereby approved, made and adopted for the Fiscal Year January 1, 2010 to December 2010, inclusive and conditioned on the U. S. Department of Housing and Urban Development approval of the projected entitlement of approximately $925,000 (+/-), reprogrammed funds of $59,433.54 (PY2008) and the receipt of an annual incremental loan repayment of $188,718; and
FURTHER RESOLVED, that in the event the entitlement amount should be more than anticipated, the additional funds will be appropriated to a contingency line item, or if either the entitlement is less than the projected $925,000 or the loan repayment is less than the $188,718, the priority for funding, after the staff salaries, will be based on an equal percentage reduction of the activities listed in the “CDBG Program Year 2010 – First Selectman’s Funding Recommendation”; and
FURTHER RESOLVED, that the First Selectman, under the provisions of Title 8 of the Connecticut General Statues, Chapter 130, Part VI, Community Development and Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383, as amended (42 U.S.C. §5301 et seq.); the Department of Housing and Urban Development Act, as amended (42 U.S.C. §3531 et seq.), be hereby authorized to accept grants for the purpose of carrying out an approved Community Development Block Grant Program for the Town of Greenwich; and
FURTHER RESOLVED, that the Department of Community Development of the Town of Greenwich, for purposes set forth in this Budget is authorized to accept grants or funds made available through the Community Development Block Grant Fund.
DEPARTMENT: Community Development
REFERRED TO: Finance, Health & Human Services, Legislative & Rules
VOTES:
RESOLVED, that the Representative Town Meeting does hereby approve and adopt the Greenwich Connecticut Proposed Five-Year Consolidated Plan, Strategic Plan for Years 2010 to 2014, Including 2010 Annual Action Plan, for the Town of Greenwich, Connecticut as on file in the Office of the Town Clerk, and as it may be modified by adoption of the Resolution of the Board of Estimate and Taxation; and that the Representative Town Meeting does hereby authorize the First Selectman to prepare the Greenwich Connecticut Final Five-Year Consolidated Plan, Strategic Plan for Years 2010 to 2014, Including 2010 Annual Action Plan, for the Town of Greenwich and to apply for and accept funds for the purpose of carrying out housing and community development programs, as approved for fiscal year 2010 (January 1, 2010 – December
31, 2010); and
RESOLVED, that in approving and adopting said Greenwich Connecticut Proposed Five-Year Consolidated Plan, Strategic Plan for Years 2010 to 2014, Including 2010 Annual Action Plan, to become the Final Plan, the Representative Town Meeting finds and determines that by following the plan, the Community Development Block Grant program will be conducted and administered in compliance with Title 8 of the Connecticut General Statutes, Chapter 130, Part VI, Community Development and Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended (42 U.S.C 5301 et seq.); of the Department of Housing and Urban Development Act, as amended (42 U.S.C
3531 et seq.); and
FURTHER RESOLVED, that the First Selectman, under the provisions of Title 8 of the Connecticut General Statutes, Chapter 130 Part VI, Community Development and Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended (42 U.S.C. §5301, et seq.); of the Department of Housing and Urban Development Act, as amended (42 U.S.C. §3531, et seq.), be hereby authorized to accept grants for the purpose of carrying out an approved Community Development Block Grant program for the Town of Greenwich.
EXPLANATORY COMMENTS
Authorization is requested for the First Selectman to apply to HUD for funds for the purposes and amounts identified in the Greenwich Connecticut Proposed Five-Year Consolidated Plan, Strategic Plan for Years 2010 to 2014, Including 2010 Annual Action Plan. The Housing and Community Development Act of 1974, and subsequent amendments, is an act of Congress to return tax revenues to local communities from the Department of Housing and Urban Development (HUD) to address the needs established by the local communities, with an emphasis on neighborhoods, decent housing and suitable living environments; and expanding economic opportunities for persons of low- and moderate-incomes. Communities eligible to apply for the Community Development Block Grant (CDBG) entitlement, are required to prepare an Annual One-Year Action Plan for
Housing and Community Development Programs, which acts as the funding application and a Consolidated Plan (3 years or more) for all Community Development Programs. The RTM in October 2004, acted on the previous Five-Year Consolidated Plan (January 1, 2005 – December 31, 2009) for Greenwich.
The Town of Greenwich, from 1975 thru 2009, has received $31,101,782 in CDBG funds (entitlement and program income). If adopted by the RTM, the “Proposed” Five-Year Consolidated Plan becomes “Final” and the document is then submitted to HUD for approval (within 45 days of submission). Under these Resolutions, the RTM is asked to hold a public hearing to consider and act on the Greenwich Connecticut Proposed Five-Year Consolidated Plan, Strategic Plan for Years 2010 to 2014, Including 2010 Annual Action Plan.
The Board of Estimate and Taxation’s (BET) Resolution, adopted at its public hearing on October 19, 2009, requests action on the 2010 CDBG budget as identified in the Five-Year Consolidated Plan as the “Proposed Year 2010 CDBG Budget and Expenditure History” (pages 77-80). Such document have been prepared to coincide with the RTM action on the Greenwich Connecticut Proposed Five-Year Consolidated Plan, Strategic Plan for Years 2010 to 2014, Including 2010 Annual Action Plan.
The RTM has historically combined both Resolutions for action. The amount of the year 2010 CDBG entitlement for the Town of Greenwich from HUD is anticipated at $925,000 (+/-) plus $59,433.54 of reprogrammed funds (PY2008) and $188,718 as annual loan repayments for a total of $1,173,151.54. Statutorily, no more than 15% of the entitlement can be allocated for Public Service activities, and no more than 20% of the entitlement plus program income can be allocated for administrative and planning costs. The Greenwich Connecticut Proposed Five-Year Consolidated Plan, Strategic Plan for Years 2010 to 2014, Including 2010 Annual Action Plan was developed so that the Town of Greenwich may or may not choose to apply for future CDBG entitlements. Per HUD requirements, the “Plan” has been developed with maximum citizen
participation, including submission to various Town agencies, non-profit housing and social service agencies, local libraries and media for review and comment. The attachment is the certifications, which acts as the Agreement between the Town of Greenwich and the US Department of Housing and Urban Development. Copies of the Greenwich Connecticut Proposed Five-Year Consolidated Plan, Strategic Plan for Years 2010 to 2014, Including 2010 Annual Action Plan were mailed (under separate cover) to all RTM members on or about September 24, 2009, providing (at a minimum) a 30-day review period.
Certifications
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing - The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard.
Anti-displacement and Relocation Plan - It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential anti-displacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs.
Drug Free Workplace - It will or will continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition.
2. Establishing an ongoing drug-free awareness program to inform employees about:
(a) The dangers of drug abuse in the workplace
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance programs; and
(d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted -
(a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6.
Anti Lobbying - To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and
3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
Authority of Jurisdiction - The consolidated plan is authorized under State and local law (as applicable and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations.
Consistency with Plan - The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan.
Section 3 - It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135.
___________________________________________
Signature/Authorized Official,
___________________________________________
Title Date
Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105.
Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570).
Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available);
2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2010, 2011, 2012, 2013, 2014 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period;
3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds.
The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Excessive Force -- It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction;
Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations.
Lead-Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR §570.608;
Compliance with Laws -- It will comply with applicable laws.
______________________________________________________________
Signature/Authorized Official Title Date
Attachments
Greenwich Connecticut Proposed Five-Year Consolidated Plan, Strategic Plan for Years 2010 to 2014, Including 2010 Annual Action Plan (mailed to RTM Members on or about September 24, 2009)
DEPARTMENT: Public Works 1010PW03
REFERRED TO: Finance, Public Works Committees
VOTES: September 22, 2009 BET, 11-0-0
RESOLVED, that the sum of $215,327 be and the same is hereby appropriated to be added to Capital Account Number Z312-59120-219xx”, known as “V AC-ALL”.
EXPLANATORY COMMENTS:
DPW is requesting interim funds in the amount of $215,327 to purchase a replacement vehicle for one Vac-All, Vehicle #D0167.
DPW Highway Division ran two Vac-All units for many years, providing catch basin / drainage structure cleaning services throughout the public portions of the Town’s stormwater system. Both machines were early 90s vintage, and in recent years have needed more frequent repair. In the FY 08/09 budget, one new machine was requested, while the Town continued to manage with the existing units. In consideration of the economic climate for the FY 09/10 budget, the decision was made to put off requesting the second unit until FY 10/11.
However, during this current fiscal year, the Town’s old machines finally reached a point where the expense associated with their repair was excessive and the machines were completely out of service. This created a situation where the DPW had no machines available to do scheduled catch basin cleaning. To address this, DPW rented a machine while waiting for its new Vac-All (these are long lead time machines) to arrive. At this time, we are operating with our new Vac-All, which we received around May 2009, and one rental. Rentals cost $9,300 / month.
Given that DPW has identified approximately 10,000 catch basins / drainage structures serving the Town’s drainage system (not including numerous private structures within the overall system), two machines are the minimum DPW would like to see in operation to implement its stormwater system maintenance program. Staffing one Vac-all unit allows Highway to address approximately one-third (2,000 to 3,000) of these structures / season. A second Vac-all is critical to Highway’s drainage system maintenance program, allowing more structures to be cleaned. Such activities are essential to keep the system functioning as well as possible.
The replacement for the second Vac-All unit is currently slated for the FY 10/11 budget. However, given the costs of renting this equipment long term (approximately $112,000.00 annually), DPW and Fleet looked into finding an alternative. Typically this replacement vehicle would have to be ordered and it would take up to a year for its manufacture and outfitting. Currently there is a 16 yard stock unit available from Bahr Sales which was previously ordered by another municipality and not purchased due to the current economic climate. Purchasing this unit now would allow us to remove this item from the FY 10/11 budget as well as ceasing our rental of a second unit. The 15 year capital plan for Fleet has Vehicle #D0167 scheduled for replacement in FY 2010-2011 at an estimated cost of $316,000.00.
In addition, DPW has identified $127,325.00 in capital equipment funding that can be returned to the fund balance in order to offset this additional appropriation request.
DEPARTMENT: Police Department 0910PD01
CONTACT: David C. Ridberg 622-8010
REFERRED TO: Town Services
VOTES: Board of Estimate and Taxation - First Selectman Tesei
RESOLVED, that the Greenwich Police Department accept two firearms with a total approximate value of $1,150. These weapons were awarded to the GPD Special Response Unit as a result of their participation in the 2009 Connecticut SWAT Challenge.
Explanation by the Chief of Police
The Greenwich Police Department requests permission to accept a Remington Model 870 shotgun (value $415) and a Bushmaster A3 Patrolman’s Carbine (value $730) from Remington Law Enforcement, a Division of the Remington Arms Company, Inc. These firearms were awarded to our Special Response Unit as a result of their participation in the Connecticut SWAT Challenge held recently in West Hartford. Two SRU members placed first in the Sniper competition. These weapons will be valuable additions to the Department’s inventory of firearms.
Attachments -
Separate enclosure
DEPARTMENT: Parks and Recreation Department 0910PR01
REFERRED TO: Finance, Parks & Recreation Committees
VOTES:
RESOLVED, that the sum of $100,000 be and the same is hereby appropriated from RESERVED for CAPITAL & NON-RECURRING FUND to the Department of Parks and Recreation account Z834-59830-21962 for Binney Park Improvements.
FURTHER RESOLVED, that the First Selectman is authorized to accept a gift of $100,000 from the Old Greenwich Riverside Community Center for improvements to Binney Park Athletic Fields. The gift shall be appropriated to account Z834-59830-21962.
EXPLANATORY COMMENTS
The Town of Greenwich through the Department of Parks and Recreation's Parks and Trees Division has been offered a gift of $100,000 from the Old Greenwich Riverside Community Center to cover the cost of certain improvements to Binney Park Athletic Fields south of the tennis courts.
There are four “junior size” soccer fields (identified as Field #4 in The Town’s Field Inventory and Management Plan) used primarily for youth soccer programs in the fall and occasionally for Lacrosse in the spring. During baseball / softball season these fields function as the outfield for Fields #1-3.
The OGRCC has offered to fund the:
- Reconstruction of 2 soccer fields including removal of the existing turf, leveling the playing field, and installation of new sod. The fields combined are approximately one acre in size (180’ by 120’ each for a total of 43,200 sq ft.). The other 2 soccer fields were previously reconstructed over the last two years.
- Installation of a commercial sports turf irrigation system capable of irrigating the entire Binney Park sports complex (four “junior” soccer fields and three softball fields).
- Excavation and plumbing (including backflow preventer) to connect the irrigation system to the public water supply main
DEPARTMENT: Board of Education
REFERRED TO: Education, Finance, Labor Contracts Committees
VOTES:
RESOLVED, that the Representative Town Meeting of the Town of Greenwich hereby rejects the Arbitration Award dated October 16, 2009 between the Board of Education and the Greenwich Organization of School Administrators for the period starting July 1, 2010.
EXPLANATORY COMMENTS:
Materials to be mailed under separate cover when Arbitration Award is announced.
| 
