REPRESENTATIVE TOWN MEETING
TOWN OF GREENWICH
EXPLANATORY COMMENTS FOR
SEPTEMBER 2004 MEETING
ITEM NO.: 1 – postponed from June meeting
DEPARTMENT: Selectmen
CONTACT: James A. Lash 622-7710
REFERRED TO: Appointments, Land Use Committees
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Planning and Zoning Board of Appeals for a term expiring 3/31/08.
DONALD R. KIEFER
Explanatory Comments
Donald R. Kiefer. 31 Marshall Street, Old Greenwich. Renomination as a regular member of the Planning and Zoning Board of Appeals for a term expiring 3/31/08.
BA – Colgate University and Columbia University Law School. Member – CT Bar, NY Bar and federal Bar. Attorney in private practice.
ATTACHMENTS
None
ITEM NO: 2 - postponed from the June meeting
DEPARTMENT: Selectmen
CONTACT: James A. Lash 622-7710
REFERRED TO: Appointments, Land Use Committees
VOTES: Board of Selectmen 3-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Board of Ethics for a term expiring 3/31/07.
VICTOR R. COUDERT
EXPLANATORY COMMENTS
Victor R. Coudert. 16 Georgetown North, Greenwich. Renomination as a regular member of the Board of Ethics for a term expiring 3/31/07.
AB Yale, MBA Harvard. President – Coudert Associates, pulp and paper brokerage/consulting firm. Presently Chairman of this Board – member since 1965.
Attachments
None
ITEM NO: 3 – postponed from June meeting
DEPARTMENT: Selectmen
CONTACT: James A. Lash 622-7710
REFERRED TO: Appointments, Health & Human Services Committee
VOTES: Board of Selectmen 3 -0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Board of Health for a term expiring 3/31/08.
GARY CELLA
EXPLANATORY COMMENTS
Gary Cella. 5 Ridge Road, Greenwich. New nomination as a regular member of the Board of Health for a term expiring 3/31/08.
Self-employed in Investment banking.
ATTACHMENTS
None
ITEM NO.: 4 – postponed from June meeting
DEPARTMENT: Selectmen
CONTACT: Christopher Holbrook 869-7023
REFERRED TO: Land Use, Legislative & Rules Committees
VOTES: Board of Selectmen 3-0-0
To consider and act upon the following resolution, requested by the Historic District Commission and approved by the First Selectman:
RESOLVED, that pursuant to section 7-147q (f) of the General Statutes, the RTM receives the report from the Historic District Commission acting as the Historic Property Study Committee submitted herewith, and
FURTHER RESOLVED, that the RTM, by majority vote, accepts the report of the Committee as to the proposed historic property and that the following ordinances are hereby enacted to designate the historic property and provide for its regulation in accordance with section 7-147q of the General Statutes:
Article 5. Historic Properties
Sec. 6-320. Historic Properties Commission.
The Historic District Commission established pursuant to the provisions of Section 6-309 of the Greenwich Municipal Code is hereby designated as the Historic Properties Commission to administer the provisions of General Statutes Sections 7-147p through 7-147y, relative to all historic properties now or hereafter designated by the Town of Greenwich.
Sec 6-321. Powers and duties.
This Historic District Commission, in its capacity as the Historic Properties Commission, shall administer the property established hereby, and shall have such powers and duties as are provided for in Sections 7-147p through 7-147y of the General Statutes. The Commission shall cause the preparation of a map depicting the boundaries of all Historic Properties as described herein. Said map shall be filed in the office of the Town Clerk, and a copy thereof shall be maintained by the Commission.
Section 6-322. Property owned by Sandra Hillman
The following property is hereby designated as an historic property pursuant to the provisions of the General Statutes, Sections 7-147p through 7-147y:
All that certain piece or parcel of land, with the buildings thereon in the Town of Greenwich, County of Fairfield and more particularly bounded and described as follows:
Beginning at a point on said Taconic Road at the north-easterly edge of said premises and thence northerly S53°33'40" E for a distance of 178.75 feet, thence westerly W57° 48' 50" E for a distance of 22.0 feet, thence northerly again S86°43'10" E for a distance of 63.41 feet, thence southwesterly N21°05'E for a distance of 61.52 feet, thence westerly N57°48'50" E for a distance of 258.6 feet, thence northerly S 44°50' E for a distance of 119.97 feet, thence southerly N9°38'W for a distance of 125.60 feet, thence westerly N9°14' E for a distance of 19.1 feet, thence westerly again N22°33'E for distance of 28.9 feet, thence southerly again N 0°01'E for a distance of 22.9
feet, thence southerly again N 9°50'W for a distance of 35.6 feet, thence southerly again N 6°33'W for a distance of 27.5 feet, thence southerly again N 31°36'W for a distance of 45.6 feet, thence southerly again N 40°46'W for a distance of 28.6 feet, thence southerly again N 34°58'W for a distance of 11.2 feet, thence southerly again N 32°34'W for a distance of 29.6 feet, thence southerly again N12°33'W for a distance of 16.2 feet, thence southerly again N 17°18'W for a distance of 15.5 feet, thence southerly again N 27°00'W for a distance of 52 .4 feet,
Thence westerly N 69°10' E for a distance of 13.5 feet, thence south for a distance of 219.1 feet, thence easterly N89°14'W for a distance of 210.9 feet, thence easterly again S 82°32' W for a distance of 51 feet tot the northerly edge of said Taconic Road.
Thence northerly S 27°47' E for a distance of 41.85 feet, thence northerly along a curve in said Taconic Road having a radius of 200.58 feet for a linear distance of 148.76 feet, thence northerly along the northern edge of said Taconic Road S 14°43' W for a distance of 81.2 feet, thence northerly S 46°30' W for a distance of 7 feet, thence northerly again S29°12' W for a distance of 24 feet, thence northerly again S 21°39'W for a distance of 20.2 feet, thence northerly again S9°22" W for a distance of 53.5 feet, thence northerly again S 14°48' W for a distance of 83.0 feet, northeasterly S 36°13' W for a distance of 203.1 feet, thence northerly S 28°17'W for a distance of 65.2 feet to the
point of beginning.
Subject property is located on Taconic Road in Greenwich, Connecticut and is owned by Sandra Hillman.
EXPLANATORY COMMENTS
Ms. Sandra Hillman petitioned the Historic District Commission to have her property designated a Historic Property pursuant to the Connecticut General Statutes.
On October 28, 2002, the RTM approved the Selectmen’s recommendation that the Historic District Commission serve as a Historic Property Study Committee for the purpose of making the investigation as required by the statute.
The Historic Property Study Committee submitted in due course its report to both the Connecticut Historical Commission in Hartford and the Town’s Planning and Zoning Commission. Both Commissions approved the Historic Property Study Committee’s report, without reservations, in June 2003, and October 2003, respectively.
The Historic Property Study Committee complied with the legal requirements regarding mail and newspaper notices, and held the required public hearing in May 2004.
The Historic District commission now asks the RTM to accept the report of the Historic Property Study Committee and enact the relevant ordinances.
Further information and background packet available at the Town Clerk’s office.
DEPARTMENT: RTM Special Commiitte on Nathaniel Witherell
CONTACT: Robert Richardson 531-7538
REFERRED TO: Finance, Health & Human Services, Legislative & Rules
VOTES: 11-0-0-3 absent
WHEREAS, The Nathaniel Witherell has been a valued institution in the Greenwich community for more than 50 years and should, as a matter of good public and social policy, continue to pro-vide skilled nursing services to benefit the citizens of Greenwich under the conditions specified below; and
WHEREAS, The Nathaniel Witherell Board has proposed to construct a new skilled nursing facility at 70 Parsonage Road, Greenwich, and upon its completion to demolish all buildings which currently comprise The Nathaniel Witherell Skilled Nursing Facility on the same site at a cost of $45.2 million (hereinafter referred to as the “Project”) as set forth in a certain Certificate of Need Application dated December 20, 2002 (the “CON”); and
WHEREAS, the Connecticut Department of Social Services has approved the Project subject to certain qualifications, conditions, and performance criteria to be observed by The Nathaniel Witherell Board and the Town of Greenwich (the “Town”) as specified in an Agreed Settlement (Docket Number 02-732) dated February 4, 2004, (the “Agreed Settlement”); and
WHEREAS, the Moderator on July 14, 2003 appointed the Special Committee on The Nathaniel Witherell (the “Special Committee”) to make a study of all relevant factors related to the Project, the CON, the Agreed Settlement, and the Town’s role as owner/operator of a skilled nursing facility, which study has been completed and has resulted in a report dated July 30, 2004, fulfilling the charge given by the Moderator to the Special Committee; and
WHEREAS, the Special Committee has made the following primary recommendations:
I. That the Project, which the Special Committee currently estimates will cost approximately $46.6 million, should be approved and implemented in accordance with Town procedures and performance criteria specified in the Agreed Settlement;
II. That the Project should be financed in part by the Town through the issuance of its own short-term bond anticipation notes and/or 20-year general obligation bonds and in part from its own resources to be reimbursed by a new entity in the manner set forth below;
III. That a Connecticut not-for-profit corporation (“NFP”) should be established immediately to raise $15 million or more in charitable contributions for the new facility and, when a certificate of occupancy is issued, to purchase the new facility from the Town and assume responsibility for its operation;
IV. That NFP’s board of directors should consist of 15 - 21 members with staggered terms of three years each (preferably with a limit of two consecutive full terms), at least 80% of whom should be residents of the Town, including two members each to be nomi-nated by the First Selectman, the Chairman of the Board of Estimate and Taxation, and the Moderator of the Representative Town Meeting up to the time when 50% of the debt owed to the Town has been repaid and thereafter one member each, all of whom shall have the same powers and duties as directors nominated by NFP’s nominating committee;
V. That the relationship between the Town and NFP should be reflected in, or governed by, as the case may be, the following:
a. NFP’s bylaws, which shall be acceptable to the Town, should provide for Town representation on its board of directors, restrict bylaw changes while NFP is indebted to the Town, and provide preference to Greenwich residents in the admission process to the extent permitted by law;
b. A lease agreement under which the Town should lease to NFP the land at 70 Parsonage Road for a period of 100 years at a nominal annual rent, subject to the deed restrictions currently applicable to this property and to the requirement that any skilled nursing facility located on this property shall give preference to Greenwich residents in the admissions process as is currently the practice;
c. A financing agreement under which the Town should undertake to construct the new facility and, upon completion, to sell the facility and related assets to NFP in exchange for a promissory note and other consideration in an amount equal to the total cost of the Project, net of demolition and remediation costs, secured by a first mortgage on the building and a security interest in other assets, with appropriate covenants and default provisions;
d. An operating agreement under which NFP should undertake, upon issuance of a certificate of occupancy, to staff and operate the facility for at least 30 years, to do so in accordance with Federal, State of Connecticut, and industry standards, and to assure continuation of the high quality of care currently existed for the residents of the facility; and
e. A mutual understanding that NFP should be expected to be a solvent going-concern and to operate at a positive net cash flow after debt service and capital expenditures, evidenced by its own quarterly and independently audited annual financial statements submitted to Town entities and that NFP should otherwise be financially independent of the Town, retaining its own cash and earned surplus and maintaining its own banking relationships; and
VI. That, until the residents have been transferred to the new facility, the existing facility under the supervision of The Nathaniel Witherell Board should continue operating as a Town department, furnishing the high quality of care for which The Nathaniel Witherell is noted, and that following the transfer of all residents, the existing facility should be demolished and the affairs of the department wound up; and
WHEREAS, the Special Committee has also recommended that the following conditions precedent should be fulfilled before the above recommendations are implemented:
1. Prompt action by the Law Department to resolve any issues relating to title to the land at 70 Parsonage Road;
2. Prompt action by the Town bodies concerned to form a building committee as required by Section 57.1 of the Town Charter and to propose charter changes deemed necessary or desirable to facilitate the recommendations in paragraphs I through VI inclusive;
3. Prompt action by the First Selectman to see that NFP be incorporated as the future owner/operator of the new facility and to see that application is made to the Internal Revenue Service for 501(c)(3) tax-exempt status for the corporation;
4. Delivery to the BET and RTM of an independently performed fund-raising feasibility study, to be commissioned and financed promptly by the Town, showing the level of private donations achievable within three years;
5. Delivery to the BET and RTM of a business plan showing how the new facility will be net cash flow positive after debt service and capital expenditures through a combination of revenue enhancements, operating efficiencies, and private donations; and
6. Timely reporting to the Connecticut Department of Social Services by the First Selectman and/or the Chairman of The Nathaniel Witherell Board of any change in scope, cost, or timing of the Project as required by the Agreed Settlement.
NOW, THEREFORE, BE IT RESOLVED, that it is the Sense of the Meeting that the foregoing recommendations and conditions precedent be, and they hereby are, approved by the Representative Town Meeting to provide policy guidance to the constituent parts of Town government in carrying out the Project and the Agreed Settlement with the Connecticut Depart-ment of Social Services.
DEPARTMENT: Department name Board of Selectmen August 25, 2004
CONTACT: Contact's name:Edward B. Gomeau 618-7683
egomeau@greenwichct.org / Joseph Siciliano 622-6472
REFERRED TO: Finance, Land Use, Legislative & Rules
VOTES: Board of Estimate and Taxation July 19, 2004 vote (11/0/0)
To consider and act upon the following resolution. The appropriation and borrowing is recommended by the Board of Estimate and Taxation:
RESOLVED,
(a) That the appropriation of ONE MILLION THREE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($1,325,000) for the purchase and sale of property at 1327 King Street (Lot No. 31, King Street E 71) consisting of approximately 2.5 acres owned now or formerly by Richard L. Belanger (the “King Street Property”) approved by the Board of Estimate and Taxation is approved. $350,000 of the appropriation may be funded from the Reserve Fund for Capital and Nonrecurring Expenditures.
(b) That the First Selectman is authorized to execute on behalf of the Town any contract documents necessary to effectuate the purchase of the King Street Property.
(c) That the issuance of bonds or notes in an amount not exceeding NINE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($975,000) is authorized; such bonds or notes shall be issued pursuant to the provisions of the Town’s Charter and the General Statutes of Connecticut, as amended.
(d) That the issuance and renewal of temporary notes in anticipation of the receipt of the proceeds from the sale of the bonds or notes in an amount not exceeding NINE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($975,000) is authorized; such temporary notes shall be issued in accordance with, and subject to, the provisions of the Town’s Charter and the General Statutes of Connecticut, as amended.
(e) Such bonds, notes and temporary notes shall be secured by the irrevocable pledge of the full faith and credit of the Town of Greenwich. All details of the bonds, notes and temporary notes shall be determined by the Board of Estimate and Taxation or those persons to whom the Board delegates such powers, including but not limited to any declarations of official intent pursuant to Federal Income Tax Regulations, tax regulatory agreements and any continuing disclosure agreements.
(f) That the time for issuing any such bonds or notes or temporary notes hereunder shall not be limited and this resolution shall not lapse, but shall remain in full force and effect until the project is completed, all payments made and all borrowings completed.
EXPLANATORY COMMENTS
This request is for an appropriation and bond and or note authorization to fund the acquisition of real property at 1327 King Street. The Board of Selectmen approved the recommendation to purchase this property at their meeting of June 24, 2004.
The Planning and Zoning Commission approved the Board of Selectmen’s application for a Municipal Improvement (CGS 8-24) in connection with the acquisition at their meeting of July 20.
The Board of Estimate and Taxation approved the appropriation and bond and or authorization at their meeting on July 19, 2004 by an 11-0 vote. The cost of the property is $1,275,000. The terms of the purchase are a down payment of $300,000 with the balance paid over a ten (10) year period. The owner of the property Mr. Richard Belanger has agreed to take back a note from the town for the balance owed on the property at an interest rate of 4.25% on the outstanding balance. The annual payments will be funded from the Reserve Fund and will average $112,000.
This appropriation request is for $1,325,000, ($1,275,000 property, $50,000 estimated expenses). The additional $50,000 is an estimate for costs/fees associated with the closing and acquisition of the property (attorney fees/survey fees/etc). If the cost for these services is less than $50,000, the balance shall remain in the Reserve Fund for Capital and Non-Recurring Expenditures. Both the down payment of $300,000 and the $50,000 will come directly from the Reserve Fund.
The property will be used as a public safety facility, housing both fire and emergency medical services personnel and vehicles. Initially, the existing building will be used as is by GEMS. Long term plans for the new building, including the personnel requirements will be developed over the next three years and included in the appropriate capital and operating budgets.
The property was appraised by certified appraiser Elizabeth Sutliffe on April 22, 2004. That appraisal estimated the market value of the property at $1,175,000. The appraised value was discounted by approximately $160,000 because of 1/ the property’s location on a busy street (King Street) and 2/ the configuration of the lot (long and narrow). However, the location of the property on King Street is the town’s main reason for its acquisition.
This resolution has been prepared by Day Berry and Howard, Bond Counsel for the town and follows the requirements of the town charter and the appropriate state statutes.
Attachments
DEPARTMENT: Department name First Selectman’s Office August 26, 2004
CONTACT: Contact's name Edward B. Gomeau 618-7683
egomeau@greenwichct.org
Daniel Warzoha 622-3951
dwarzoha@greenwichct.org
REFERRED TO: Finance, Town Services Committees
VOTES: The Board of Estimate and Taxation will vote on the RTM’s action at their meeting of September 21, 2004.
RESOLVED, that the Town of Greenwich hereby accepts a grant in the amount of $467,561 from the Connecticut Department of Homeland Security. Said grant to be appropriated to the following accounts; $222,085 to F105 51490 Professional fees, $165,476 to F105 53950 Supplies, $40,000 to F105 59250 and $40,000 to F105 59560.
EXPLANATORY COMMENTS
The 2004 Connecticut State Homeland Security Program provides funds to enhance the capability of State and local units of government to prevent, deter, respond to, and recover from incidents of terrorism involving the use of chemical, biological, radiological, nuclear and explosive weapons and cyber attacks. These funds support costs related to homeland security and emergency operations planning activities; the purchase of specialized equipment; and other costs related and associated with implementing the State Homeland Security Strategies.
This grant of $467,561 will be used to the extent possible, to supplement training for police, fire, GEMS, and Health Department personnel as well as purchasing equipment and supplies to enhance the town’s readiness program.
Attachments
A. NIMS Training
Establishment of Regional Response Team
Training in NIMS will be individual as well as train the trainer
GEMS 14,188
Greenwich Fire Department 81,051
Greenwich Police Department 19,679
B. Training
Tabletop and actual live training exercises for 30,000 (all)
for performance evaluation of town emergency
agencies.
Training in the use of Personal Protective
Equipment (PPE) 34,000 (all)
Comprehensive training in town of Greenwich
Communications systems. 7,967
C. Regional development plan for interoperability study for
Development of regional communications capability
within eight town region and state wide. 35,200.
Sub-total $222,085
D. Equipment
1. Lap top computers – provide portability for data base
access. 25,000
2. Millennium mask filters (police)/PPE bags 17,891
3. Pharmaceutical product for nerve gas remediation 10,585
4. Town wide emergency notification system (reverse 911) 40,000
5. Emergency communication support equipment (generator) 40,000
6. Five portable radios for Health Department for town wide
communications (communications w/public safety depts.) 17,000
7. Police Portables (law enforcement equipment) 87,500
8. Satellite phones (5 at $1,500) 7,500
Sub total 245,476
Total Grant: $467,561
DEPARTMENT: Selectmen
CONTACT: James A. Lash 622-7710
REFERRED TO: Appointments, Health & Human Services Committees
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Commission on Aging for a term expiring 3/31/05.
MARY K. BAUSCH
Explanatory Comments
Mary K. Bausch. 39 Orchard Street, Greenwich. New nomination as a regular member of the Commission on Aging for a term expiring 3/31/05.
M.S.W. – University of Pittsburgh, M.S. – St. Francis College and B.A. – Denison University.
Member, United Way Planning Council, Co-Chair, Task Force on Senior Services, Neighbor to Neighbor, Vice Chair – Board of Directors, First Congregational Church – Chair – Wellness Committee and American Red Cross, Greenwich Chapter, Advisory Board.
DEPARTMENT: Selectmen
CONTACT: James A. Lash 622-7710
REFERRED TO: Appointments, Land Use Committees
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed an alternate member of the Planning and Zoning Commission for a term expiring 3/31/05.
DONALD HELLER
Explanatory Comments
Donald Heller. 45 Pheasant Lane, Greenwich. New nomination as an alternate member of the Planning and Zoning Commission for a term expiring 3/31/05.
BA and MPA Degrees from Syracuse University. Retired Second Lieutenant from US Army.
Former President of Real Estate Management Company. Fore Chairman of Novatek Medical, Inc., former co-founder and President/CEO of TDC Development Corp.
Twenty-one years with Chesebrough Ponds as President, General Manager of the Health and Beauty Products Division, President of Health Tex Division and President of Canadian Operations.
Board and Executive Committee member of the Connecticut Grand Opera and the American Classical Orchestra. Previous RTM member and current member of the National Executive Service Corp.
DEPARTMENT: Selectmen
CONTACT: James A. Lash 622-7710
REFERRED TO: Appointments, Town Services Committee
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 Ethics for a term expiring 3/31/07.
JEFFREY S. RAMER
Explanatory Comments
Jeffrey S. Ramer. 2 Wesskum Wood Road, Riverside. New nomination as a regular member of the Board of Ethics for a term expiring 3/31/07.
B.A. – Franklin & Marshall College, J.D. – Fordham Law School. Private law practice with wife – 21 Benedict Place.
Past participation in RTM District 5, past president of Riverside Association, past PTA president – Eastern Middle School, past trustee at Greenwich Library, past board member of United Way of Greenwich and member at First Congregation Church.
ITEM NO.: 11
DEPARTMENT: Selectmen
CONTACT: James A. Lash 622-7710
REFERRED TO: Appointments, Education Committees
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the following named persons, nominated by the Board of Selectmen, be appointed members of the Hamilton Avenue Building Committee.
JOSEPH L. ROSS
JAY SCHONDORF
SYLVESTER PECORA
TOM HEAGNEY, ESQ.
TOM SMARIO
FRANK MAZZA
PAUL TORETTA
Explanatory Comments
Joseph L. Ross – Resident and Civil Engineer, 32 years of experience in both new and modernized facilities. Tishman Construction Corp.
Jay Schondorf – Resident and Certified Value Engineer, knowledgeable in developing timely and accurate estimates for projects.
Sylvester Pecora – Resident and Grandparent, member of the Chickahominy Neighborhood Association, Insurance broker.
Tom Heagney, Esq. – Resident and Attorney, chaired approximately 5-6 elementary school committees.
Tom Smario – Resident and General Contractor, knowledgeable in all aspects of construction.
Frank Mazza – Resident – experienced builder – Retired BET member.
Paul Toretta – Resident and experienced civil and environmental engineer – Board of Education member for six years.
ITEM NO.: 12
DEPARTMENT: Selectmen
CONTACT: Carol Burns 622-0079
James A. Lash 622-7710
REFERRED TO: Health & Human Services, Legislative & Rules Committees
VOTES: Board of Selectmen 3-0-0
To consider and act upon the following resolution requested by the Board of Selectmen:
RESOLVED, that the lease between the Town of Greenwich and Greenwich Adult Day Care, Inc., be approved, and the terms and conditions of said lease to be the same as those contained in the lease agreement attached to the explanatory comments for this item.
FURTHER, RESOLVED, that the First Selectman be and is hereby authorized to execute said lease for and on behalf of the Town.
Explanatory Comments
Approval of this lease, with terms and conditions between the Town of Greenwich and Greenwich Adult Day Care, Inc., a non-profit entity, to lease the Mianus River Dam Pump Station, located at River Road, Cos Cob, for a public purpose, and as such, is willing to assume the capital improvements and maintenance of the property in exchange for a nominal lease fee of $1.00 per year.
ATTACHMENTS
Lease- separate enclosure
| 
