REPRESENTATIVE TOWN MEETING
TOWN OF GREENWICH
EXPLANATORY COMMENTS FOR
JUNE 2005 MEETING
ITEM NO.:
1 – postponed from April 2005 meeting.
DEPARTMENT: Selectmen
CONTACT: Ed Gomeau 618-7683
REFERRED TO: Appointments, Land Use
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed an alternate member of the Historic District Commission for a term expiring 3/31/09.
CHRISTOPHER HOLBROOK
Explanatory Comments
Christopher Holbrook. 12 Mead Point Drive, Greenwich. New nomination as an alternate member of the Historic District Commission for a term expiring 3/31/09.
New York Unversity, Leonard N. Stern School of Business – Masters of Business Administration, Conferred 1991. Grinnell College, Bachelor of Arts, Art History, Conferred 1986. Presently, President; Director of Restoration – Friends of Hyde Hall, Inc.
Presently a member and served as Chairman of Commission.
ITEM NO.:
2- postponed from April 2005 meeting
DEPARTMENT: Selectmen
CONTACT: Ed Gomeau 618-7683
REFERRED TO: Appointments, Land Use
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a regular member of the Historic District Commission for a term expiring 3/31/08.
ANNE MALETTA
Explanatory Comments
Anne Maletta. 60 Butternut Hollow, Greenwich. New nomination as a regular member of the Historic District Commission for a term expiring 3/31/08.
Bennett Junior College. AA., Mount Holyoke College, BA – Geography, University of Chicago, Graduate School of Business, MBA, Marketing and Public and Non-profit Management, Columbia University of Graduate School of Architecture/Historic Preservation, working towards MS in Conservation.
Presently – alternate member of Commission.
Numerous volunteer boards – Past summer Intern for Greenwich Historical Society.
ITEM NO.:
3 – postponed from April 2005 meeting
DEPARTMENT: Selectmen
CONTACT: Ed Gomeau 618-7683
REFERRED TO: Appointments, Land Use
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed an alternate member of the Historic District Commission for a term expiring 3/31/08.
ARIS CRIST
Explanatory Comments
Aris Crist. New nomination as an alternate member of the Historic District Commission for a term expiring 3/31/08.
Masters of Architecture, Syracuse University, Bachelors of Science, University of Vermont.
Member, Boy Scouts, Building Committee, Church of Our Savior, Rye, NY, Building Improvement Committee – North Street School PTA and Greenwich Rotary.
DEPARTMENT: RTM Appointments Committee
REFERRED TO: Appointments, Land Use,Legislative & Rules
VOTES: 12-0-0
RESOLVED, that Section 2-125 and Section 2-126 of the Town of Greenwich Municipal Code be amended as follows:
Sec. 2-125 Local representation on population basis.
Pursuant to the provisions of Section 8-31a of the General Statutes, the town, having a population of 59,755 according to the Federal Census of 1970, is entitled to three (3) representatives on SWRPA. These representatives shall serve without compensation. The Planning and Zoning Commission shall appoint one (1) representative [from among its members whose term of office shall be one (1) year. Thereafter, the term of office for this representative shall be three (3) years.] who shall serve without fixed term at the will and pleasure of the Planning and Zoning Commission. The Representative Town Meeting shall appoint on nomination of the Selectmen two (2) representatives who shall be members of the Representative Town Meeting, thus creating a liaison between SWRPA and the Representative Town Meeting. The term of office of either representative shall cease shall he/she cease to be a Representative Town Meeting member. The term of office of one (1) of these two (2) representatives shall be two (2) years and thereafter shall be three (3) years. The term of office of the other representative shall be three (3) years upon his/her initial appointment and thereafter shall be three (3) years. A representative whose term has ended shall serve until replaced. All terms of office shall end on March 31st.
Additions in Bold
Deletions underlined
EXPLANATORY COMMENTS
The Appointments Committee amends Town Code Sec. 2_125 on representation to SWRPA (Southwestern Regional Planning Agency) for the following reasons:
1.) The Planning and Zoning Commission supports the idea of designating its representative rather than mandating that it be a P. & Z. Commissioner.~ For the past 25 – 30 years, the Town Planner or a staff planner as been authorized by P. & Z. to serve as its representative on SWRPA, and no objection has ever been raised.~ With this amendment to Section 2-125, the Code is brought into line with practice.
2. The amended termination date of March 31 for RTM SWRPA Representatives conforms with the standard date for most appointments to town boards, agencies and commissions, of which SWRPA falls in the category of “agency.”
3.) Finally the language “…(a representative) shall serve until replaced,” provides continuity of representation.
DEPARTMENT: Office of the First Selectman May 20, 2005
REFERRED TO: Finance, Labor Contracts, Town Services
VOTES:
RESOLVED, that the sum of $ 35,961for the fiscal year 2005-2006 be and the same is hereby appropriated to carry out the terms of the negotiated five year collective bargaining agreement between the Town of Greenwich and the Local 1042, International Association of Firefighters, AFL-CIO.
FURTHER RESOLVED, that the Representative Town Meeting of the Town of Greenwich hereby approves such provisions of the award, if any, which may be in conflict with any charter provisions, special act, ordinance, rule, or regulation of the Town of Greenwich with the meaning of Connecticut General Statutes, Section 7-474.
EXPLANATORY COMMENTS
The Town of Greenwich and Local 1042 I.A.F.F. representing 97 career firefighters have reached an agreement on a five-year collective bargaining agreement retroactive to July 1, 2004. The Town and Local 1042 had reached impasse in the negotiations and commenced binding arbitration having completed two days of formal hearings. Additional hearings were scheduled for May, June and July when the Town and Local 1042 reached an agreement. The terms of the agreement are consistent with the terms negotiated with other municipal bargaining units. The general wage increases are July 2004 – 3.0%, July 2005 – 3.25%, July 2006 – 3.25%, July 2007 – 3.25% and July 2008 3.0%. The Town and Local 1042 negotiated changes in health care plans including the introduction of the 3 tier pharmacy benefits and the less costly Point of Service medical plan. The changes in health care are consistent with those negotiated in other agreements during 2003 and 2004 continues the Town’s emphasis in negotiations on controlling health care cost while maintaining quality health care to our employees and their families. On balance the agreement is fair to both the employees and the Town’s residents and taxpayers.
Attachments – separate packet
Summary of Negotiated Changes
Collective Bargaining Agreement 2004 - 2009
Cost Summary
Contract available in Town Clerk’s office
DEPARTMENT: Office of the First Selectman May 20, 2005
REFERRED TO: Finance, Labor Contracts, Town Services
VOTES:
RESOLVED, that the sum of $ 95,764for the fiscal year 2005-2006 be and the same is hereby appropriated to carry out the terms of the negotiated five year collective bargaining agreement between the Town of Greenwich and the Greenwich Municipal Employees Association.
FURTHER RESOLVED, that the Representative Town Meeting of the Town of Greenwich hereby approves such provisions of the award, if any, which may be in conflict with any charter provisions, special act, ordinance, rule, or regulation of the Town of Greenwich with the meaning of Connecticut General Statutes, Section 7-474.
EXPLANATORY COMMENTS
The Town of Greenwich and the Greenwich Municipal Employees Association (GMEA) representing approximately 332 full time and 138 part time employees have reached an agreement on a four -year collective bargaining agreement to become effective July 1, 2005. The general wage increases are July 2005 – 3.25, July 2006 – 3.25%, July 2007 – 3.25% and July 2008 - 3.0%. The Town and GMEA negotiated changes in health care plans including the introduction of the Health Savings Accounts. Newly hired employees will be restricted to the less costly health care options of the Health Savings Accounts and the Health NET POS and HMO plans. The negotiated changes in health care is a continuation of the Town emphasis in negotiations on controlling health care cost while maintaining quality health care to our employees and their families. The agreement provides for specific terms and conditions of employment for the newly created position of public safety dispatcher. As the Town begins to civilianize its emergency dispatch operations during FY 2006 the GMEA contract permits dispatch qualified retired police officers to be employed as civilian public safety dispatchers during this transitional period. A significant negotiated change is the closing of the Town’s defined benefit retirement system and supplemental 401-k plan to new hires. Employees hired on or after July 1, 2005 will be participate in a newly created defined contribution retirement savings plan. In exchange for closing the defined benefit plan to new hires, the Town agreed that current employees who retire from the defined benefit plan would be eligible to receive a modest cost of living adjustment to their retirement allowance. The contractual cost of living adjustment will be a substitute for and no longer require the Retirement Board to propose ad hoc cost of living adjustments as it has done in the past.
On balance the agreement is fair to both the employees and the Town’s residents and taxpayers.
Attachments - Separate packet
Summary of Negotiated Changes
Comptroller Letter
Cost Summary
EFI Retirement Letter
Contract available in Town Clerk’s office
DEPARTMENT: Office of the First Selectman May 20, 2005
REFERRED TO: Finance, Labor Contracts, Town Services
VOTES:
RESOLVED, that the sum of $ 100,074 for the fiscal year 2005-2006 be and the same is hereby appropriated to carry out the terms of the negotiated four year collective bargaining agreement between the Town of Greenwich and the Local 456 International Brother of Teamsters.
FURTHER RESOLVED, that the Representative Town Meeting of the Town of Greenwich hereby approves such provisions of the award, if any, which may be in conflict with any charter provisions, special act, ordinance, rule, or regulation of the Town of Greenwich with the meaning of Connecticut General Statutes, Section 7-474.
EXPLANATORY COMMENTS
The Town of Greenwich and the Local 456 IBT representing approximately 440 full time and 80 part time employees have reached an agreement on a four-year collective bargaining agreement to become effective retroactive to July 1, 2004. The general wage increases are July 2004 – 3.0%, July 2005 – 3.25%, July 2006 – 3.25% and July 2007 - 3.25%. The Town and Local 456 IBT negotiated changes in health care plans including the introduction of the 3 Tier pharmacy benefit plan and the less costly Point of Service Plan and Health Savings Accounts. Newly hired employees will be restricted to the less costly health care options of the Health Savings Accounts and the Health NET POS and HMO plans. The negotiated changes in health care is a continuation of the Town emphasis in negotiations on controlling health care cost while maintaining quality health care to our employees and their families. A significant negotiated change is the closing of the Town’s defined benefit retirement system and supplemental 401-k plan to new hires. Employees hired on or after July 1, 2005 will be participate in a newly created defined contribution retirement savings plan. In exchange for closing the defined benefit plan to new hires, the Town agreed that current employees who retire from the defined benefit plan would be eligible to receive a modest cost of living adjustment to their retirement allowance. The contractual cost of living adjustment will be a substitute for and no longer require the Retirement Board to propose ad hoc cost of living adjustments as it has done in the past.
The Teamsters represent approximately 110 full time and 70 part time employees at Nathaniel Witherell. In recognition of the ongoing debate as to the future of Nathaniel Witherell as a Town operated facility, the Town and the Local 456 negotiated the following terms unique to employees working at Nathaniel Witherell:
- Base salary rates frozen at existing levels during the term of the agreement. Employees to receive lump sum increase rather then base salary increases.
- A new salary structure for newly hired employees that is competitive with the private sector nursing home industry in Fairfield County.
- For new hires the current sick leave accrual plan is being replaced with a short-term disability plan similar to that found in private nursing home industry.
- The Town and Local 456 agree to a provision to re-open negotiations during the term of the agreement as to terms and conditions of employment for employees working at Nathaniel Witherell to negotiate further cost savings measures.
The negotiation of these terms for Nathaniel Witherel employees is an indication that both the Town and its employee representatives are able to recognize differences among town departments and negotiate terms to address unique situations and business requirements.
On balance the agreement is fair to both the employees and the Town’s residents and taxpayers.
ATTACHMENTS - Separate Packet
Summary of Negotiated Changes
Comptroller Letter
Cost Summary
EFI Retirement Letter
Contract available in Town Clerk’s office
DEPARTMENT: Fire Department 0506FD02
REFERRED TO: Finance, Town Services
VOTES: Board of Estimate & Taxation 12-0-0
RESOLVED, that the sum of $75,867 be and the same is hereby appropriated to be added to the account number identified below:
205-51100 Payment for Overtime Services $75,867
EXPLANATORY COMMENTS
This request is made to cover overtime needs through June, 30, 2005, based on the current rate of usage per cycle ($39,198) for April – June (6.4cycles) for a total of $250,867. The initial adjustment is by transfer request FD-1 in the amount of $175,000. The balance is requested by additional appropriation FD-2 in the amount of $75,867.
DEPARTMENT: Commission on the Aging
CONTACT: Samuel Deibler 622-3982
REFERRED TO: Finance, Legislative & Rules
VOTES: Board of Selectmen 3-0
Board of Estimated and Taxation 12-0-0
RESOLVED, that the Property Tax Relief for the Elderly Ordinance be amended as follows on recommendation of the Board of Estimate and Taxation.
Sec. 12-6.1. Property tax relief for the elderly.
1. Pursuant to General Statutes ¡ì 12-129n property tax relief shall be provided to any resident[s] of the town with respect to real property occupied by such resident[s] as his or her [their] principal residence for which the resident is [they are] liable for taxes as owner[s] or as tenant[s] for life or years under General Statutes ¡ì 12-48, who meets the qualifying total annual income herein and (1) who is[are] sixty-five (65) years of age or over, (2) whose spouse[s], living with the resident is [them, are] sixty-five (65) years of age or over, or (3) who is [are] sixty (60) years of age or over and the surviving spouse of a taxpayer receiving relief in the town under this section at the time of his or her death. The ages specified in this section shall have been attained by December 31 preceding the application for tax relief under this ordinance.
2. Residents or spouses qualifying for tax relief under this section must be taxpayers of real property located in the town for one (1) year immediately preceding their receipt of tax benefits under this section and meet the requirements set forth in subsection 11 of this section with respect to the qualifying total annual income allowable for their federal income tax year preceding the year in which application is made for tax relief under this section.
3. Prior to the granting of property tax relief, such person must first have applied for tax relief under any other statute for which he or she is eligible and shall certify to the assessor and tax collector the tax credits received thereunder or shall certify to the assessor and tax collector at the time of filing an application for relief hereunder on a form provided by the assessor that he or she is ineligible for such tax relief. No property tax relief granted under this section, together with any property tax relief received by any such person under all applicable statutes shall exceed, in the aggregate seventy-five (75) percent of the total amount of the tax which would, except for those applicable statutes and this section, be laid against the person applying for tax relief hereunder.
4. The total abatement of property tax revenue which may be granted in such tax year by the town pursuant to the provisions of this section shall not exceed an amount, based on an estimate in any tax year by the board of estimate and taxation, equal to one (1) percent of the total real property tax levied [assessed] in the town in the preceding tax year. Such tax relief granted to eligible persons for any fiscal year shall be ratably decreased if necessary to keep the total amount of the town tax relief within such limit.
5. For purposes of this section the principal residence requirement in subsection 1 shall be met if the residents seeking qualification shall have maintained residence in the property for which tax relief is being sought for at least one hundred eighty-three (183) days during the twelve (12) months immediately prior to the filing of an application hereunder.
6. Qualifying total annual income for tax relief under subsection 11 of this section shall be reviewed and determined by the assessor on the basis of amounts listed in the computation of total income for federal income tax purposes furnished by the taxpayer for the year preceding the filing of an application for tax relief hereunder of the applying individual, if unmarried, or jointly, if married, regardless of whether or not separate federal income tax returns were filed by such person or his or her spouse and shall be adjusted in accordance with subsections (a) and (b) of this section.
(a) Included in income. Qualifying total annual income shall include income from the following sources, whether or not such sources were included in amounts listed for the computation of total income in a federal income tax return, and shall therefore be adjusted and determined by the assessor to the extent such amounts are not included as total income in a federal income tax return:
(1) Wages, bonuses, commissions, gratuities and fees, self-employment net income;
(2) Gross Social Security, Federal Supplemental Security Income, payment for jury duty (excluding travel allowance);
(3) Dividends, interest, and annuities;
(4) Taxable IRA distributions;
(5) Black Lung payments;
(6) Interest or proceeds resulting from gifts received;
(7) Lottery winnings;
(8) Net income from sale or rent of real or personal property, provided that, to the extent that there is no net income, qualifying total annual income shall not be decreased by sale and rental net income losses;
(9) Pensions, including veterans' and railroad retirement;
(10) Severance pay; unemployment compensation;
(11) Worker's compensation;
(12) Alimony;
(13) Capital gains, provided that, to the extent there is no capital gain, qualifying total annual income shall not be decreased by capital losses;
(14) Partnership income, provided that, to the extent there is no net income, qualifying total annual income shall not be decreased by partnership net income losses;
(b) Excluded from income. Qualifying total annual income shall exclude income from the following sources, whether or not such sources were included in amounts listed for the computation of total income in a federal income tax return or under subsection (a) above and shall therefore be adjusted and determined by the assessor to the extent that such amounts are included in a federal income tax return or under subsection (a) above:
(1) Social Security payments specifically for a dependent person or minor child;
(2) Casualty loss reimbursements by insurance companies;
(3) Gifts, bequests or inheritances, except for any interest or other income produced by the gift, bequest or inheritance;
(4) Grants for disaster relief;
(5) Income derived through volunteer service under the Domestic Volunteer Service Act of 1973, as amended, including stipends earned under the Foster Grandparents' Program, Retired Senior Volunteer Program, Senior Companion Program, and Community Training under Department of Mental Retardation;
(6) Life insurance proceeds;
(7) For a married homeowner whose spouse is a resident of a health care or nursing home facility in the state and who is receiving payment related to such spouse under Title XIX Medicaid, total income shall not include the spouse's Social Security income, provided that the following has been submitted to the assessor on the facility's letterhead and signed by the administrator or other nursing home official:
(i) Proof that the spouse is in a Connecticut health care or nursing home facility,
(ii) The name and address of the facility,
(iii) The period during the benefit year that the spouse was in the facility,
(iv) The period during the benefit year that the spouse was on Title XIX Medicaid;
(8) Food stamps; fuel assistance; child support payments and temporary family assistance program payments.
7. No tax relief shall be given under this section to any person who has delinquent taxes to the town from real property, personal property or motor vehicles, including capital assessments or user charges owed to the town which have not been paid in full or brought current by June 1 preceding the fiscal year for which tax relief shall be granted. [of the year in which the application is taken.] For purposes of this section, abated taxes shall not be considered delinquent.
8. The form of application for property tax relief under this ordinance shall: a) be made by affidavit on forms provided by the [A]assessor and accompanied by documentation of all qualifying income, including a copy of the applicant's most recent federal tax return for the taxpayer's fiscal year immediately preceding the town's fiscal year for which tax relief is being requested and, b) state the qualifying information set forth in the preceding sections of this ordinance, whether or not applicant has previously applied or is currently applying for any other tax relief for the elderly or disabled under any state statute. For those persons not required by law to file a federal tax return, an affidavit from such persons shall be required attesting to the fact that they are not required to file a tax return.
9. [The time for filing a] An application for property tax relief under this ordinance, including any required affidavit and documentation, shall be filed by mail or delivered in person to the assessor’s office [annually] not earlier than February 1, nor later than May 15 to obtain property tax relief for the next fiscal year. For those persons who have sought and received by May 15 an extension of time to file a tax return, the application must nevertheless be filed by May 15 and a copy of the tax return received by the assessor's office by June 15 or the application will be denied. If the qualifying total annual income for the year following that contained in the application remains less than the limit of the category approved for a resident under subsection 11 then that resident shall not be required to file an application in the next following year but shall only be required to file an application biennially and the assessor may rely on the approved application on file to continue the tax credit accordingly. Otherwise, based on changes for such following year in qualifying total annual income that exceed the limit of the category approved for a resident or for a claim that the resident be allowed a larger credit based on a lower income category under subsection 11, the resident shall notify the assessor of such change and, if still qualifying for property tax relief, shall file again annually, by the dates set forth in this subsection.
10. The property tax relief available hereunder shall be available for one (1) residence only collectively for each applicant and spouse and shall not apply to any residence with an assessed value in excess of one hundred and fifty (150) percent of the median assessed value of residences sold during the prior assessment year as calculated by the assessor.
11.(a) The computation of the amount of property tax credit hereunder, subject to subsection 3, for the fiscal year commencing July 1, 2006 shall be determined on the following graduated basis:
Qualifying Total Annual Income Property Tax Credit
Less than $18,000 [15,000.00] $1,700 [1,500.00]
$18,000-27,250 [15,000-$26,500.00] $1,130 [1,000.00]
$27,251-$39,000.00 [26,501-$38,000.00] $ 850 [750.00]
(b) For fiscal years commencing July 1, 2007 and following, the amount of tax credit shall be adjusted from the prior year as follows:
(1) In a fiscal year in which a tax assessment revaluation becomes effective, the percentage change shall be the product of the new mill rate times the new grand list divided by the product of the prior grand list times the prior mill rate, minus one.
Example:
Prior Grand List = $20 Billion
Prior Mill Rate = 12 mills
New Grand List = $40 Billion
New Mill Rate = 6.2 mills
Benefit Change = ((6.2 mills x $40 Billion)/(12 mills x $20 Billion)) - 1 = ($248 million /$240 million) - 1 = .03333 or 3.333% increase
(2) In a fiscal year in which a tax assessment revaluation does not become effective the percentage change shall be the same as the change in the mill rate from the prior year.
12. Upon the death of any person entitled to tax relief pursuant to this section, the tax relief hereunder shall end the following June 30, unless his or her spouse is otherwise qualified.
13. If any person entitled to a tax credit hereunder sells the property with respect to which the tax relief hereunder has been granted, the tax relief shall be suspended as of the date of conveyance and the nonqualifying purchaser of such property shall pay the town a prorated share of taxes thereby due and owing as provided by General Statutes ¡ì 12-81a.
14. The property tax relief provided for in this section may, in any case where title to real property is recorded in the name of the taxpayer or his or her spouse and any other person or persons, be prorated to reflect the fractional portion of such taxpayer or spouse or, if such property is a multiple family dwelling, such relief may be prorated to reflect the fractional portion of such property occupied by the taxpayer.
15. Persons qualifying in accordance with age and income requirements of this section shall be eligible if they are unit owners and occupiers of a cooperative. The amount of annual property tax relief in accordance with this section to any such person shall be determined in relation to an assumed amount of property tax liability applicable to the assessed value for the dwelling unit which such person owns and occupies as determined by the assessor which may be based on the number of cooperative shares attributable to the unit compared to the total number of shares in the cooperative. For purposes of this section the assessor shall determine the assumed amount of property tax liability applicable to the assessed value for the dwelling unit of each such person who is otherwise eligible under this section, but such determination shall not constitute a tax bill for purposes of property taxation of such cooperative or any individual dwelling unit thereof. Annually not later than the first day of June, the assessor, upon the basis [receipt] of an application for such relief, shall determine, with respect to the assessment list for the assessment year commencing October first immediately preceding, the portion of the assessed value of the entire cooperative, as included in such assessment list, attributable to the dwelling unit occupied by such person. The assumed property tax liability for purposes of determining the amount of such relief shall be the product of such assessed value and the mill rate in such municipality as determined for purposes of property tax imposed on said assessment list for the assessment year commencing October first immediately preceding. The amount of relief to which such person shall be entitled for such assessment year shall be equivalent to the amount of tax reduction for which such person would qualify, considering such assumed property tax liability to be the actual property tax applicable to such person's dwelling unit and such person as liable for the payment of such tax.
16. The tax collector and assessor shall prescribe with regard to their respective duties under this section, such forms and procedures as may be necessary to implement this section. The assessor, in addition, shall take such steps as are necessary to satisfactorily establish the facts as to the qualifying income of an applicant for benefits under this section by requesting and reviewing income tax forms filed therewith and any additional evidence of qualifying income, which the assessor may require. This documentation shall not be open to public inspection. The assessor may deny the application of a person who fails to provide information required by the assessor that is necessary to determine eligibility.
17. This ordinance, as amended, shall be effective starting with [the fiscal year commencing July 1, 2002.] applications accepted February 1, 2006 for tax relief for the fiscal year commencing July 1, 2006.
18. [All provisions of this ordinance, as amended, shall cease to be effective on June 30, 2006 unless an ordinance extending this ordinance is properly submitted to the Board of Estimate and Taxation and the Representative Town Meeting and approved prior to that date.]
(RTM, 4/9/2001; RTM, 12/10/2001.)
(additions bold; deletions within [brackets])
EXPLANATORY COMMENTS
The Commission on the Aging, The Board of Selectmen and the Board of Estimate and Taxation are recommending the attached ordinance replace the one currently in effect for Property Tax Relief for the Elderly. This ordinance would take effect for the 2006-2007 fiscal year and would be in cover the application period, February – May of 2006. The estimated cost for the implementation of this revised ordinance is $880,600 for the 2006-2007 fiscal year compared to $726,250 for the 2003-2004 fiscal year. The ordinance allows applications to be filed biannually rather than annually which is similar to the State program for Elderly tax relief. The qualifying income levels were raised slightly with corresponding increases in the property tax credits for each income level. A new eligibility section was added denying benefits to residents whose homes are assessed at 150% or more of the median assessed value of residences sold during the prior assessment year.
DEPARTMENT: Public Works 0506PW01
CONTACT: Amy Siebert, Sewer Superintendent (203) 622-7760
REFERRED TO: Finance, Public Works
VOTES: Board of Estimate & Taxation 12-0-0
RESOLVED, that the sum of $55,000 be and the same is hereby appropriated to be added to Sewer Maintenance Fund account number J361-52530, known as “Public Works – Sewer Division, Sludge Removal Services”
EXPLANATORY COMMENTS
This request is for an additional appropriation of $55,000 to pay for the town’s estimated sludge hauling services through June 30, 2005.
Please see attached memo from the Sewer Superintendent projecting a shortfall of $55,000.
Attachments
One attachment consisting of 2 pages follows.
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Town Of Greenwich
DPW Sewer Division
Interoffice Correspondence
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To: Marcos Madrid, DPW Date: March 3, 2005
Copy: R. Kalm, DPW J. Lavin, DPW
R. Jennings, DPW - Sewer C. T. Mandras, DPW - Sewer
E. Gomeau, Town Administrator R. Geiger, Finance
P. Mynarski, Finance
From: Amy Siebert, Sewer Division
Re: Grass Island WWTP Residuals Disposal Budget Review
This is to provide you with a review of our solids disposal budget for the fiscal year’s last quarter. As you may recall, back in our 6 April 2004 Sludge Proposal Review memo (attached for your reference), we forecast a potential sludge disposal budget shortfall. This was a result of the price increases we experienced when the sludge disposal contract was rebid. While the 2004/2005 budget had been increased in an attempt to forecast this, the actual prices (becoming available well after the budget was established) created an even larger budget need. However, we are endeavoring to contain this shortfall within our overall budget – the following provides more detail.
Background
The Grass Island WWTP produces both sludge and grit that must be hauled offsite and disposed of in accordance with regulatory requirements. Sludge is hauled as cake; grit is removed in roll-off containers. For many years the Sewer Division used Tully, a licensed hauler who disposed of sludge and grit in landfills. Under the new contract, we now use the services of Synagro, another licensed firm that hauls and manages sludge disposal at a CT incinerator they operate, as well as grit disposal at a CT landfill.
As you may recall, as a result of Tully honoring its agreement to not escalate its price for five years, we saw a significant increase in the $/ton disposal cost when we rebid – it went from $57.83 / ton to $73.76 / ton for sludge disposal. Grit is even more, at $103.49 / ton.
Budget Impact
The following table outlines the current budget, our April 2004 estimate, and our March 2005 forecast. During this fiscal year, we have seen a slight increase in solids production at Grass Island. This may be attributable to several factors such as sludge age and changes in the biomass. Particularly in January of this year, we have had to increase solids removal to bring our biomass into a more stable composition, as a result of changes which gradually accumulated over the late fall / early winter. The attached spreadsheet shows the budgeted and forecast sludge disposal costs used to populate the table below. In addition, grit removal costs are somewhat higher than originally forecast, based on actual tonnage.
At this time, we forecast a shortfall of approximately $55,000. We would appear to have some funds available under the budget, which will help balance out this shortfall. We will continue to monitor and track all categories within our budget, and provide further update as needed.
DEPARTMENT: Public Works 0506PW02
CONTACT: William McCormick, DPW Accounting (203) 622-7745
REFERRED TO: Finance, Public Works
VOTES: Board of Estimate and Taxation 12-0-0
RESOLVED, that the sum of $202,000 be and the same is hereby appropriated to be added to General Fund account number A321-52510, known as “Public Works – Waste Disposal Division, Waste Removal Services”
EXPLANATORY COMMENTS
This request is for an additional appropriation of $202,000 to pay for the town’s estimated waste removal services through June 30, 2005.
We are projecting a funding shortfall for waste removal of $202,000. Below is the Budget Variance Form, which summarizes the original budget estimate and current projections. The main reason for this shortfall is higher than anticipated Municipal Solid Waste tonnage.
DEPARTMENT: Public Works 0506PW03
CONTACT: Alan Monelli, Superintendent of (203) 622-7743
REFERRED TO: Finance, Public Works
VOTES: Board of Estimate and Taxation 12-0-0
RESOLVED, that the sum of $200,000 be and the same is hereby appropriated to be added to Capital Fund account number Z345-59560-xxxxx (TBA), known as “Public Works – Indian Field Road Facility – Interior Upgrade”
EXPLANATORY COMMENTS
This request is for a new appropriation of $200,000 to undertake an interior upgrade of the Indian Field Road Highway Facility.
Observation of the facility during snow and ice operations this past winter reveals work and rest space that is inefficient and inappropriate for what is essentially a “24-hour snow emergency central command post” during winter storms. The purpose of these funds is to undertake an interior upgrade of the Indian Field Road Highway Facility to improve building conditions for use by the employees. This appropriation will pay for a new heating, air conditioning, and ventilation system in the administrative office and employee’s lunchroom areas; renovation of the restroom facilities that will include handicap and female accommodations to meet ADA requirements; and the administration entrance will be replaced to provide more space. This appropriation will also provide appropriate furniture and lockers.
The Building Index condition code for this facility is 16 points. By undertaking this project in conjunction with the recent roof replacement this critical facility will be ready for snow operations next winter.
DEPARTMENT: Public Works 0506PW04
CONTACT: Joseph Roberto, Highway Superintendent (203) 622-7763
REFERRED TO: Public Works
VOTES: Board of Estimate and Taxation 12-0-0
RESOLVED, that the sum of $35,000 be and the same is hereby appropriated to be added to Capital Fund account number Z301-59800-25106, known as “Public Works – King Street Land Acquisition”
EXPLANATORY COMMENTS
This request is for $35,000 in non-recurring funding to abate a water condition at 1327 King Street.
Last year the Town Of Greenwich acquired the property at 1327 King Street for usage as an emergency services base. This acquisition greatly enhanced GEMS capabilities for the northwest section of Greenwich. Over the severe winter, a water problem has been brought to our attention that is impacting the septic system and the property of those neighboring properties.
The solution is to install a drainage system that can efficiently carry the surface water to existing drains in King Street. The work consists of approximately 440 linear feet of 15” pipe and two drainage structures. Estimated cost is $35,000 for material and installation (complete-in-place). This work can be initiated and completed as soon as funding is available.
DEPARTMENT: Public Works 0506PW05
CONTACT: William McCormick, DPW Accounting (203) 622-7745
REFERRED TO: Public Works
VOTES: Board of Estimate and Taxation 12-0-0
RESOLVED, that the sum of $32,500 be and the same is hereby appropriated to be added to General Fund account number A345-52260, known as “Public Works – Building Construction and Maintenance Division, Fuel for Heating”
EXPLANATORY COMMENTS
This request is for an additional appropriation of $32,500 to pay for higher than anticipated heating costs for town buildings through June 30, 2005.
As you are aware, last winter saw a spike in heating oil and natural gas prices; added to that was a cold snowy winter that required additional units of energy to heat town facilities.
Below is a chart summarizing heating costs through March 30, and projected to June 30.
Expended Projected
Utility Budget 3-30-05 6-30-05 Variance
Heating $419,000 $375,000 $76,500 ($32,500)
DEPARTMENT: Public Works 0506PW06
CONTACT: David Thompson, Chief Engineer (203) 622-7767
REFERRED TO: Finance, Public Works
VOTES: Board of Estimate and Taxation 12-0-0
RESOLVED, that the sum of $280,000 be and the same is hereby appropriated to be added to Capital Fund account number Z312-59620-xxxxx (TBA), known as “Public Works – Palmer Hill Road Pedestrian Bridge”
EXPLANATORY COMMENTS
This request is for an additional appropriation of $280,000.00 for the Palmer Hill Road Bridge Rehabilitation Project, to undertake immediately, the construction of a new prefabricated pedestrian bridge. This bridge will replace the existing steel supported timber walkway attached to the north side of the existing stone masonry arch bridge.
The Connecticut Department of Transportation (DOT) informed the Town on April 15, 2005, that the existing pedestrian walkway on the north side of the Palmer Hill Road Bridge should be closed to pedestrians. This recommendation was based on their recent inspection and evaluation of the structural supports of this walkway. This closure creates neighborhood concerns for pedestrian safety in this area. The DPW is working to deliver this project at the earliest possible date.
The Palmer Hill Road Bridge is a stone masonry arch structure built in 1907. The Bridge Safety and Evaluation Section of the ConnDOT inspect it every two (2) years. The DOT’s inspection report for the Bridge, received in 2002, reported that the main bridge deck, super-structure and substructure were in “fair” condition but that the Bridge was determined to be “scour critical,” requiring periodic monitoring by the Town. In the fall of 2002, DPW placed the Palmer Hill Road Bridge in its 10 Year Bridge Replacement/Rehabilitation Plan with PD (preliminary design) scheduled for funding in FY 04/05. In early 2004, the Bridge was reported to be in “poor” condition in ConnDOT’s “Local Bridge Program Report.” DPW selected WMC Engineers, Inc. as their consultant for the Project in December of 2004, and they began PD work in March of 2005. The PD plans, reports, and cost estimates for the main bridge are scheduled for completion in the Fall of this year.
Upon notice of the ConnDOT’s recent evaluation of the structure and its determination that the steel supported walkway should be closed, DPW asked it’s consultant to fast-track the design of the pedestrian walkway, concurrent with its investigation and PD of the main bridge structure.
WMC Engineers has recommended that a new, structurally independent pedestrian bridge be located north of the existing stone masonry arch bridge. It will be a pre-fabricated steel structure with a span of 110 feet to be placed on new foundations extended northerly from the existing bridge abutments. This is a preferred solution for a new pedestrian bridge for this crossing, being consistent with the Town’s goal of rehabilitating the existing stone masonry arch. A separate structure removes the current loads on the north side of the bridge arch, and eliminates the potential damage that could occur to the masonry. It also will allow maximum opportunity for the required maintenance and rehabilitation of the arch structure. The new pedestrian bridge will provide an aesthetically pleasing structure compatible with the existing masonry arch and the historic character of the neighborhood.
Several permits and easements are required for the proposed work. DPW staff will be working to obtain these permits and easements concurrent with our consultants design effort. We plan to bid the project by June 15th and award a contract by July 15th. Our goal is to complete this project by October 15th of this year, subject to the timely receipt of the required permits.
Our current cost estimate for this work is $280,000.00.
DEPARTMENT: Public Works 0506PW07
CONTACT: Robert C. Kalm, Deputy Commissioner (203) 622-7740
REFERRED TO: Finance, Public Works
VOTES:
RESOLVED, that James A. Lash, First Selectman, be and hereby is authorized to execute said agreement (s) with the United States Environmental Protection Agency, Under the Small Business Liability Relief and Brownfield’s Revitalization Act, to accept a grant in the amount of $200,000, for clean up work at the Cos Cob Power Plant site.
EXPLANATORY COMMENTS
The United States Environmental Protection Agency (EPA) has approved a grant in the amount of $200,000 for the Town of Greenwich to use in the cleanup of the Cos Cob Power Plant (CCPP). Greenwich was previously selected to participate in EPA’s Targeted Brownfield Assessment Program, which provides in-kind service from EPA in the form of assessment of hazardous materials on site. Information from this assessment was used in the development of the successful cleanup grant application.
The consulting firm of Metcalf and Eddy has already been hired to prepare a Phase III evaluation of the CCPP site under a $900,000 appropriation budgeted in FY 04-05. It is planned to have the PCB’s on site removed by this fall. Once the PCB’s are removed, the restoration plan calls for capping the rest of the site and developing it as a waterfront park that will include both active and passive recreational areas.
DEPARTMENT: Condemnation Commission
REFERRED TO: Legislative & Rules, Public Works
VOTES: Board of Estimate and Taxation 12-0-0
RESOLVED, that amendment to Section 260 of the Town of Greenwich Charter initiated by the Board of Estimate and Taxation be and the same is hereby amended to read as follows:
Sec. 260. Payment of assessment and taxes.
(a) The benefits apportioned and assessed as provided in the pertinent provisions of this Article, or in any other General or Special Act relating to sewer assessments in the Town shall be payable in one sum on the [September] first day of the first month following the expiration of forty-five (45) days after the filing of the sewer assessment list or in approximately equal successive annual installments commencing on [such September] the first payment date with interest at a rate not to exceed six percent (6%) per annum on the unpaid balance of the assessment, except that the first installment of any assessment against property in an area of future benefit which neither abuts nor is connected with a sewer shall become due on and bear interest from the [September] first day of the first month following the expiration of one (1) month after the completion of an abutting sewer or connection with a sewer. Such rate of interest, and the number of installments, which shall not exceed twenty (20), shall be determined by the Board of Estimate and Taxation. Overdue assessments and installments thereof shall bear the same rate of interest as overdue Town taxes. The entire unpaid balance of any assessment may be paid at any time with the accrued interest to the date of payment. If two (2) successive annual installments are in default, the entire balance, at the option of the Board of Estimate and Taxation, shall forthwith become due and payable with interest.
(b) Whenever a determination has been made to recover a portion of the cost of construction of sewage disposal plants and trunk sewers by the laying and levying of taxes against the properties within the sewer district, the Board of Estimate and Taxation shall determine the annual tax necessary to recover that portion of the cost of the sewage disposal plants and trunk sewers over a period of time not to exceed twenty (20) years. On or before January 31 preceding the due date of each annual tax, the Assessor shall present to the Board of Estimate and Taxation a statement showing the total assessed valuation upon the grand list last completed of the real estate including land and buildings within the sewer district. The Board, by the affirmative vote of seven (7) of its members, shall on or before May 25 determine the tax rate which shall be laid thereon to pay for the portion of the cost of such project to be recovered in the following year, together with interest accruing during the year on the unpaid balance of indebtedness incurred to pay such part of the cost of such project as is to be recovered by taxation of properties within the Sewer District, and levy taxes at a uniform rate upon such properties.
(c) The chairman and clerk of the Board shall forthwith file a certificate of the laying and levying of such taxes in the office of the Town Clerk. Such taxes shall become due in two (2) equal installments with the Town taxes, shall bear the same rate of interest as unpaid town taxes, and shall be a lien upon such properties, including any buildings and improvements thereon, from the date of the last-completed grand list, provided that no lien shall continue to exist for more than one (1) year from the date that the tax becomes due and payable unless continued in the manner provided by law for the continuance of real property tax liens. Such lien shall take precedence over all other liens and encumbrances excepting existing taxes or assessments.
(S.A. 333 ¡ì 7, 1955; as amended by RTM, 1/8/62; RTM, 6/27/66; RTM, 3/10/69; RTM, 3/11/74.)
(additions bold; deletions within [brackets])
The foregoing proposal for home rule action requires an affirmative vote of a majority of the entire membership of the Representative Town Meeting.
EXPLANATORY COMMENTS - The Condemnation Commission is recommending the requirement of a fixed date by which to set sewer assessments be changed from a fixed date (September 1) to a date compatible with the completion of the sewer project. The Charter currently requires the Condemnation Commission can only set the assessment date at September 1. The assessment date is the date when property owners begin paying their proportional share of the cost of the sewer project. The payment will be due each year on this date until the costs of the project are recovered by the town. Requiring a fixed date to start restricts the town’s ability to set the assessment date for sewer projects when the project is finished and the Condemnation Commission has completed their hearing and notification requirements. As an example, if the Condemnation Commission completed their hearing/notice requirements for a sewer project on October 1, 2005, the town could not begin assessing the sewer users for their proportionate share of the cost of the project until September 1, 2006, nearly a year later. Many Connecticut communities that have sewer systems do not use a fixed date when commencing to assess property owners for their share of their particular project costs.
DEPARTMENT: Board of Education 0506ED02
REFERRED TO: Education, Finance
VOTES: Board of Education 8-0-0
Board of Estimate and Taxation 12-0-0
RESOLVED, that the sum of $115,000 be and is hereby appropriated to be added to the following accounts: $95,224 to account Z6800292 59560 25109 – Hamilton Avenue Modulars Hookup; $19,776 to account Z6800292 59560 24106 – School Building Construction Manager. Said appropriation to come from the Capital and Non-Recurring Fund
EXPLANATORY COMMENTS
See attached. Please consider this formal notification that the District no longer requires the following two (2) capital appropriations which may be returned to the Capital and Non Recurring Fund:
Fund Dept. Object Project Description Amount
Z 6800292 59560 24062 Ham Ave Interior Painting 14,180
Z 6800292 59560 24081 Ham Ave Masonry Repair 110,382
Total 124,562
Attachments (separate packet)
URS Settlement Memorandum
Modular Accounting
DEPARTMENT: Board of Education 0506ED01
REFERRED TO: Education, Legislative & Rules
VOTES: Board of Education 8-0-0
Board of Estimate and Taxation 12-0-0
RESOLVED, that the Board of Education be authorized to accept cash donations, consistent with the terms and conditions of the gift policy, from parent and other educational organizations, these receipts to become appropriations that the Board of Education may use solely to compensate authorized employees who provide approved extra and co-curricular programs and services to students.
EXPLANATORY COMMENTS
Outside organizations have, from time to time, engaged the services of what have been referred to as “compensated volunteers” who provide supplemental coaching or other services in conjunction with District-sanctioned activities. In other instances, cash donations from Booster Clubs or other organizations have been deposited in related student activity accounts. Funds were then used to compensate individuals who were annually issued 1099 consultant forms through the Town of Greenwich.
These practices have been identified as unacceptable, inappropriate and/or illegal for the following reasons:
1. They do not comply with the terms and conditions outlined in the Board of Education’s Gift Policy including but not limited to equity, gift cap reporting, etc.
2. The Town internal auditor and the Risk Manager have stated the practice increases the Town’s exposure and liability.
3. Individuals compensated through donations were not until recently asked to complete the hiring process (including fingerprinting) required by Human Resources for all other district employees.
4. A recent IRS audit determined that the practice of paying individuals providing services to students as consultants did not meet federal standards/guidelines.
There is currently no financial/accounting method for these funds to be used to compensate individuals as employees, consistent with state, local and federal requirements. The purpose, then, of establishing a Reserve for Restricted Receipt Fund is simply to provide a way to receipt donations given and accepted per the Gift Policy and Connecticut General Statutes 10-237, and to use these funds, as pre-approved, to compensate employees. This recommendation applies ONLY to situations where the Board wants to accept a cash donation, made with the intent of using those funds to hire an authorized individual as an employee to provide pre-determined and approved services for the educational benefit of students.
ATTACHMENTS
Complete resolution – changes in bold
FURTHER RESOLVED, that (a) the Board of Education of the Town of Greenwich be hereby authorized to accept grants made by the Federal Government and/or the State of Connecticut, under Title 20 of the United States Code including Improving America’s Schools Act of 1994, 20 U.S.C. §6301 et seq., Safe and Drug-Free Schools and Communities Act of 1994, 20 U.S.C. §7101 et seq., (including grants being referred by the State as Improving Basic Programs, Eisenhower Professional Development Program, Innovative Education Strategies, Safe and Drug Free Schools), Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990, 20 U.S.C. §2301 et seq., Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §1400 et seq., (including grants referred to by the State as “IDEA Part B Sections 611”, Entitlement Grant, Pre-School Entitlement Grant and Silver Grant); and pursuant to the Connecticut General Statutes: C.G.S §10-20d (School to Career Opportunities), C.G.S. §10-262l (Grants for Improvement in Student Achievement), C.G.S. and §21a-274a (Drug Enforcement Grant Program); PL 103-382 Foreign Language Assistance Act of 1994 (b) each grant to become an appropriation that the Board of Education may add to the appropriate accounts; (c) the Board of Education be authorized to accept receipts resulting from the activities of the School Lunch Program, including, but not limited to, the sale of food and any Federal and/or State aid received from the program, these receipts to become appropriations that the Board of Education may add to the School Lunch Revolving Fund; (d) the Board of Education may be authorized to accept receipts resulting from the activities of the Continuing Education Program, these receipts to become appropriations that the Board of Education add to the appropriate accounts; (e) the Board of Education be authorized to accept receipts resulting from the activities of the Summer School Program, these receipts to become appropriations that the Board of Education may add to the appropriate accounts; f) the Board of Education be authorized to accept receipts resulting from the rental of school buildings, these receipts to become appropriations that the Comptroller may add to the appropriate accounts for the purpose of reimbursing the approved costs related to the rental of school buildings, such costs not to exceed receipts in any fiscal year, g) the Board of Education be authorized to accept receipts from the Greenwich Education Association, these receipts to become appropriations to cover all personnel costs of release time for an officer beyond that which is provided for in the collective bargaining agreement and (f) the Board of Education be authorized to accept cash donations, consistent with the terms and conditions of the gift policy, from parent and other educational organizations, these receipts to become appropriations that the Board of Education may use solely to compensate authorized employees who provide approved extra and co-curricular programs and services to students, and (i) these authorizations to be effective for the fiscal year July 1, 2005 to June 30, 2006 inclusive; and
DEPARTMENT: Board of Selectmen
Eugene F. McLaughlin, Jr. Assistant Town Attorney 622-7874
REFERRED TO: Legislative & Rules
VOTES: Board of Selectmen 3-0
RESOLVED, that Sections 122, 123, 124, 128, 129, 142, 143, 144, 145, 150, 217 and 238 of the Town of Greenwich Charter be and the same are hereby amended to read as follows:
Sec. 122. Department of Parking Services; Director.
(a) There shall be a Department of Parking Services under the supervision and control of the First Selectman. The Department of Parking Services shall have charge of administrative and managerial services relating to the parking areas and facilities of the Town including supervision of planning, development, operation, regulation, collection of revenue and use of public parking areas owned, leased with or otherwise subject to the jurisdiction of the Town and, as provided in this section, with supervision of the construction and furnishing of same with necessary equipment, signs, buildings, appurtenances and other structures and the maintenance thereof. The Department of Parking Services shall assist the Board of Selectmen, Board of Estimate and Taxation, Condemnation Commission, Planning and Zoning Commission and Representative Town Meeting in carrying out their responsibilities under this Article in such manner as the First Selectman may prescribe.
(b) The head of the Department of Parking Services shall be the Director of Parking Services who shall be experienced in matters of public parking administration and management. The Director shall perform the duties set forth in this Article and shall supervise public parking projects. The Director shall select and employ architects and professional engineers for projects requiring structural analysis, design, development and construction management, except that no architect or engineer shall be selected or employed without the prior approval of the Commissioner of Public Works and the Selectmen. No documents shall be issued for bidding for the construction of parking structures unless and until the final project plans and specifications have been sealed and approved by a professional engineer and approved by the Commissioner of Public Works and the Selectmen. The Director shall obtain written statements from the architect and engineer of record and general contractor involved in any project affirming that the completed construction is in compliance with the approved plans and design specifications. The Director shall superintend the issuance of all permits, licenses, assignments and scheduling of maintenance of public parking areas and facilities.
(c) The Director may make joint applications with the Commissioner of Public Works for appropriations for parking related activities including construction, maintenance and design professional work in order that they may be carried out by the Department of Public Works and shall obtain the approval of the Commissioner of Public Works for any on street parking activity that affects a Town highway. Such appropriations and appropriations for the parking administrative and managerial services shall be charged to the Department of Parking Services and may be made first from the parking fund and then, as necessary, from the general fund and shall be submitted and approved separately from appropriations for the acquisition and improvement of parking areas as otherwise provided by this Article. Determination of joint, administrative and managerial appropriation requests related to parking services shall be made by the First Selectman.
Sec. 12[2]3. Acquisition of land for public parking.
The Town is authorized to acquire real property, which shall include improvements, easements, hereditaments and every estate and interest therein, by purchase, lease, gift or condemnation, and to improve the same, for the purpose of providing for the public parking of vehicles, after funds to cover the estimated cost of acquisition and improvement have been appropriated and allotted as hereinafter provided and as provided by law in the Town.
(S.A. 177 ¡ì 1, 1957.)
Sec. 124. Appropriations for parking areas; initiation of projects.
[Sec. 123. Appropriations for parking areas.]
(a) The Town may make appropriations for, and provide out of the general fund and through borrowing, funds to pay the cost of the acquisition and improvement of parking areas, whether or not any part of such cost is to be reimbursed to the Town as hereinafter provided, and may allot such funds in the manner hereinafter provided.
(S.A. 177 ¡ì 2, 1957.)
[Sec. 124. Initiation of projects.]
(b) If in the judgment of the Board of Selectmen it is necessary to acquire or improve any area for the public parking of vehicles, it shall submit to the Board of Estimate and Taxation plans showing the area to be acquired or improved, together with a request for an allotment from funds appropriated for this purpose to meet the estimated cost of acquisition or improvement and, if necessary, an application for the appropriation of such funds as may be required for any such allotment.
(S.A. 177 ¡ì 3, 1957.)
Sec. 128. Acquisition of real property; procedure.
(a) After funds have been appropriated and allotted for the acquisition of any area for public parking, the Director of Parking Services [Commissioner of Public Works] may acquire such area by negotiation and, upon authorization of the Representative Town Meeting, may apply to the Condemnation Commission appointed under the provisions of Section 157 hereof, hereinafter called "the Commission," for the condemnation of such real property required for such purpose and for an assessment of damages. The Commission shall not take by eminent domain, for the purposes of this Article, any property of a corporation which has the right of eminent domain. This Article shall not affect the powers of eminent domain of such corporation.
(b) The Commission shall notify all persons claiming interest in such real property of a hearing on such proposed taking, notice of which shall be given to such persons at least ten (10) days before such hearing by leaving copies of such notice with them or at their places of abode in the Town, if they reside therein, or, if they do not reside in the Town, by registered or certified mail addressed to their last-known addresses, and by publication in a newspaper published or having circulation in the Town at least ten (10) days before such hearing. After such hearing the Commission shall determine whether or not such taking is necessary and, upon finding that it is necessary, shall determine and assess damages resulting from such taking and shall file in the office of the Town Clerk a certificate as to its determination of such necessity of taking and shall therein designate by number each lot or parcel taken, the owner thereof, if known, and the damages assessed in each instance.
(c) The Commission, within five (5) days after the filing of the certificate, shall give written notice of such determination of necessity and assessment and the amount thereof in each case to each person claiming interest in each lot or parcel taken, addressed to him at his last-known post-office address, and by publishing in a newspaper published or having circulation in the Town, within five (5) days after such filing, a notice of the filing in the office of the Town Clerk of the certificate of necessity and assessment of damages. Upon the filing of such certificate, title to the real property to be acquired shall vest in the Town.
(d) The assessment of damages shall be deemed final and conclusive upon such filing, without other notice to any person, subject to the right of appeal as provided in Section 149 hereof. The Town shall pay the amounts thus assessed to the persons claiming interest in each lot or parcel upon acceptance thereof. After the Town obtains title to real property acquired for public parking, the Director of Parking Services [Commissioner of Public Works] shall cause [improve] the same to be improved for public parking of vehicles after the allotment of funds therefore as herein provided.
(S.A. 177 ¡ì 7, 1957.)
Sec. 129. Certification of cost of acquisition or improvements.
(a) The Director of Parking Services [Commissioner of Public Works] shall advise the Comptroller when such public parking areas have been acquired or improved. The Comptroller shall thereupon compute and ascertain the total cost of acquisition or improvement thereof. In such total cost shall be included all expenses in connection with the acquisition of land, buildings, easements and other property, or in the improvement thereof, all sums paid by the Town to surveyors, engineers, architects, inspectors, attorneys and other persons in connection therewith, the cost of any work done by the Town, all expenses in connection with any assessment of benefits, and the interest on notes or bonds issued by the Town, or on funds advanced by the Town at a rate not to exceed six percent (6%) per annum, to pay the expense of such acquisition or improvement computed to the time at which the first installment of any assessment or tax becomes due, but not in excess of four (4) years interest.
(b) The Comptroller shall certify such total cost. The part of such cost, which has been determined, shall be assessed or taxed against the property within a parking district in accordance with the provisions of this Article. Where such cost is to be assessed, such certification shall be to the Condemnation Commission, and where such cost is to be taxed, such certification shall be to the Board of Estimate and Taxation.
(S.A. 177 ¡ì 8, 1957.)
Sec. 142. Parking Fund; use.
(a) A separate fund shall be established and maintained by the Town to account for:
(1) All amounts appropriated by the Town for the Department of Parking Services operation and maintenance of public parking areas and all amounts allotted by the Town for the acquisition and improvement of public parking areas;
(2) All amounts collected as parking assessments, including interest;
(3) All taxes levied under the provisions of this Article, including interest;
(4) All parking revenues;
(5) The proceeds of all notes and bonds issued under this Article; and
(6) All interest received on moneys in this Fund.
(b) The amounts received shall be used:
(1) For the acquisition or improvement of public parking areas;
(2) To reimburse the Town for any amounts advanced from the general fund for such purposes to the extent of funds not contributed by the Town for such purposes;
(3) To pay the Department of Parking Services expenses of operation and maintenance of the parking areas; and
(4) To pay the principal of and interest on any notes and bonds issued pursuant to the provisions of this Article.
(c) An allotment for any such acquisition or improvement shall continue in force until the cost thereof has been certified by the Comptroller. At that time the unencumbered balance of any such allotment shall be returned to the unappropriated surplus of the Parking Fund.
(S.A. 177 ¡ì21, 1957; as amended by RTM. 9/9/57.)
Sec. 143. Regulations and enforcement. [Maintenance and operation of parking facilities.]
[The Commissioner of Public Works is authorized to maintain public off-street automobile parking facilities acquired and improved under this Article] Reasonable regulations for the orderly use of the public parking areas [such facilities], including the payment of reasonable fees for [the] use and fines for violation thereof, may be prescribed by the Selectmen. [and shall be enforced by the Police Department.] Personnel of the Department of Parking Services, designated by the Director as Parking Control Officers and sworn to perform such duties before the Board of Selectmen, shall have authority to issue notices of violation of parking regulations of the Town as shall the Police Department and such other authorized officials as may be designated by the Selectmen. (S.A. 177 ¡ì22, 1957.)(as amended by RTM 9/13/76.)
Sec. 144. Entry upon property.
The Selectmen, Director of Parking Services, the Commissioner of Public Works, members of the Condemnation Commission and their respective agents, engineers and surveyors and such other persons as may be necessary to enable them to perform their duties under this Article are authorized to enter upon any property for the purpose of making surveys, examinations or investigations and preparing maps, and for such other purposes as may be necessary in the performance of their duties under this Article.
(S.A. 177 ¡ì 23, 1957.)
Sec. 145. Parking revenue collection equipment [meters]; revenues.
(a) For purposes of traffic control and to provide adequate parking both on and off street, the Department of Parking Services upon approval of the Board of Selectmen shall have authority to acquire parking revenue collection equipment [meters] by purchase or lease, upon such terms as to the Board shall approve as [seem] best, and to install, maintain, repair and operate such parking revenue collection equipment [meters] on such public highways within the Town and parking lots and other areas owned by the Town which to the Board shall approve as [seem] necessary, and to establish such rates in the operation of any such equipment [meters] in furtherance of the purposes above set forth which to the Board shall approve as [seem] proper.
(b) Parking [meter] revenues from such equipment shall first be used to pay the cost of acquiring, operating, maintaining and repairing the parking [meter] revenue collection equipment and any surplus shall be used as parking revenue pursuant to this Article. [to pay other expenses in aid of traffic control, including the acquisition and operation of other parking and traffic control devices and the acquisition, improvement and maintenance of parking lots or other off-street parking areas]
(S.A. 177 ¡ì 24, 1957.)
Sec. 150. Department of Public Works; Commissioner's powers and duties; Deputy.
(a) There shall be a Department of Public Works under the direction and control of the First Selectman. The head of the Department shall be the Commissioner of Public Works, who shall have charge of all matters involved in the construction, development and maintenance of the physical properties of the Town, except the design and maintenance of school property and property under the control of the Department of Parks and Recreation and Department of Parking Services. He shall be the Town Engineer and shall be a civil engineer and experienced in the management of engineering and construction projects, including such projects as are involved in municipal engineering.
(b) The functions of the Department of Public Works shall be distributed under the Commissioner of Public Works among divisions and offices which shall include the divisions of highways, sewers building construction and maintenance, and recycling and waste collection and disposal. Subject to the direction of the Planning and Zoning Commission, the Commissioner of Public Works shall have charge of the physical planning and development of the Town as a whole. The Commissioner of Public Works shall, subject to the provisions of this Article, have all the powers and duties formerly conferred and imposed by law upon the Superintendent of Highways, and all the powers and duties formerly conferred and imposed by law upon the Sewer Commissioners, except such powers and duties as relate to the collection of taxes and assessments.
(c) The Commissioner of Public Works shall be the Town's chief technical adviser in all matters involved in the physical development of the Town and the design and construction of its physical plan. All construction of public buildings and other public improvements of the Town, including repairs and reconstruction, shall be done according to plans prepared or approved by the Commissioner of Public Works, and be subject to his supervision and acceptance, provided the Board of Education [and], the Department of Parks and Recreation and the Department of Parking Services have supervision and control over the design of buildings under their jurisdiction.
(d) There shall be a Deputy Commissioner of Public Works who shall be appointed by the Commissioner of Public Works with the prior approval of the Selectmen. Said Deputy Commissioner shall have the same qualifications as the Commissioner of Public Works. In the absence or disability of the Commissioner of Public Works or if the office becomes vacant for any reason, the Deputy Commissioner of Public Works shall perform the duties and exercise the powers of the Commissioner of Public Works for a period not to exceed ninety (90) days or for such longer period as the Selectmen may determine. The salary of the Deputy Commissioner shall be fixed by the Town on the recommendation of the Board of Estimate and Taxation in the same manner, as other appropriations are determined.
(S.A. 444, ¡ì 27, 1939; as amended by RTM 4/27/1970; RTM 4/10/1972; as amended by RTM 4/12/1976; RTM 12/10/1990; RTM 1/17/1995.)
Sec. 217. First Selectman; powers and duties.
(a) All administrative functions relative to police, fire, highways, sewers and other public works, building inspection, parks, recreation, law, parking services, fleet management and purchasing for such purposes, shall be divided, under the supervision and control of the First Selectman, among administrative departments which shall include the Department of Police, Fire, Public Works, Parks and Recreation, Law, Parking Services and Fleet Maintenance. The First Selectman shall have the supervision and control, and shall be responsible for the administration, of all the affairs of the Town in respect to such departments, and may fix and determine the internal organization of such departments, the number and kinds of offices and positions, the methods of procedure and, subject to appropriation as otherwise provided by law, the rates of compensation.
(b) First Selectman and board of selectmen. The First Selectman shall be the chief executive officer of the town and the town agent and shall devote his full time to the duties of his office. The two selectmen other than the First Selectman who are elected as provided in this act shall, together with the First Selectman, constitute the board of selectmen. The First Selectman shall chair the board of selectmen. The First Selectman shall hold at least one meeting each month with the other selectmen for the purpose of keeping them generally informed of the business of the town. Upon five days' written notice to the First Selectman, either of the two selectmen may place an item on the agenda of a meeting, which item shall be germane to the duties and responsibilities of the board of selectmen. Minutes of such meetings shall be taken and made available for public inspection. The First Selectman shall designate one of the other selectmen to act in his place and stead during his absence. Such Selectman when so acting shall have all of the powers and duties of the First Selectman.
(c) Compensation of First Selectman and selectmen. The First Selectman shall be paid a salary appropriate for the chief executive officer and town agent, and the other two selectmen shall be paid salaries commensurate with their duties and responsibilities, but the salary of each of the two selectmen shall be no less than ten percent of the salary of the First Selectman, subject to the approval of appropriations by the Representative Town Meeting pursuant to Section 23 of the Charter. Provision for such salaries shall be included in the budget report submitted annually by the First Selectman to the board of estimate and taxation.
(S.A. 444 ¡ì 23, 1939; as amended by S.A. 71 ¡ì 1, 1955; RTM, 4/27/1970; RTM, 3/13/1972.)(Char. Rev. 11/4/1975, eff. 1/1/1978.)(RTM, 1/21/1985.)(Board of Selectmen 9/17/1997.)
Sec. 238. Traffic Authority; penalties.
The Board of Selectmen, acting as the Police Commission, shall have authority by ordinance to provide that any person, firm or corporation violating any ordinance or by-law, or any rule or regulation adopted pursuant thereto, relating to traffic or parking in the Town, shall be fined such amount as may be specified therein, not exceeding One Hundred Dollars ($100.00). In any case involving a vehicle parked in violation of any such prohibition or restriction of parking, a police officer or such other official sworn to perform such duties by the Board of Selectmen shall serve upon the operator of vehicle, by delivering to him personally, or by attaching to such vehicle, a notice of parking violation directing such operator to pay the fine authorized by ordinance, by-law, rule or regulation [appear at police headquarters] within such time as may be specified in such notice. [ordinance and there exhibit the notice and his operator's license.] When any person receives such notice, he may comply therewith and pay to the Town, at the Department of Parking Services [police headquarters,] such sum [not exceeding Five Dollars ($5.00)] as may be specified in such [ordinance and] notice, and that no summons or warrant for arrest shall be issued for any such violation prior to the expiration of such period, nor thereafter, if such operator has complied with such notice and paid the sum within the period.
(S.A. 406 ¡ì 3, 1953.)
(additions bold; deletions within [brackets])
The foregoing proposal for home rule action requires an affirmative vote of a majority of the entire membership of the Representative Town Meeting.
EXPLANATORY COMMENTS –
This proposed Charter revision creates a Department of Parking Services for administration of public parking in the Town of Greenwich. The Director of Parking Services is responsible for development, construction and maintenance of parking projects. Employees of the new Parking Services Department will be able to serve notices of parking violations. The revised Charter sections are set forth above with the related existing Charter sanctions to show the context of changes.
This Charter revision creates a Department of Parking Services for administration of public parking in the Town. The Director of Parking Services is responsible for development, construction and maintenance of parking projects. Employees of the new department will be able to serve notices of parking violations. The revised Charter sections are set forth below with the related existing Charter sections to show the context of changes.
Sec. 122. Department of Parking Services; Director.
(a) There shall be a Department of Parking Services under the supervision and control of the First Selectman. The Department of Parking Services shall have charge of administrative and managerial services relating to the parking areas and facilities of the Town including supervision of planning, development, operation, regulation, collection of revenue and use of public parking areas owned, leased with or otherwise subject to the jurisdiction of the Town and, as provided in this section, with supervision of the construction and furnishing of same with necessary equipment, signs, buildings, appurtenances and other structures and the maintenance thereof. The Department of Parking Services shall assist the Board of Selectmen, Board of Estimate and Taxation, Condemnation Commission, Planning and Zoning Commission and Representative Town Meeting in carrying out their responsibilities under this Article in such manner as the First Selectman may prescribe.
(b) The head of the Department of Parking Services shall be the Director of Parking Services who shall be experienced in matters of public parking administration and management. The Director shall perform the duties set forth in this Article and shall supervise public parking projects. The Director shall select and employ architects and professional engineers for projects requiring structural analysis, design, development and construction management, except that no architect or engineer shall be selected or employed without the prior approval of the Commissioner of Public Works and the Selectmen. No documents shall be issued for bidding for the construction of parking structures unless and until the final project plans and specifications have been sealed and approved by a professional engineer and approved by the Commissioner of Public Works and the Selectmen. The Director shall obtain written statements from the architect and engineer of record and general contractor involved in any project affirming that the completed construction is in compliance with the approved plans and design specifications. The Director shall superintend the issuance of all permits, licenses, assignments and scheduling of maintenance of public parking areas and facilities.
(c) The Director may make joint applications with the Commissioner of Public Works for appropriations for parking related activities including construction, maintenance and design professional work in order that they may be carried out by the Department of Public Works and shall obtain the approval of the Commissioner of Public Works for any on street parking activity that affects a Town highway. Such appropriations and appropriations for the parking administrative and managerial services shall be charged to the Department of Parking Services and may be made first from the parking fund and then, as necessary, from the general fund and shall be submitted and approved separately from appropriations for the acquisition and improvement of parking areas as otherwise provided by this Article. Determination of joint, administrative and managerial appropriation requests related to parking services shall be made by the First Selectman.
Sec. 12[2]3. Acquisition of land for public parking.
The Town is authorized to acquire real property, which shall include improvements, easements, hereditaments and every estate and interest therein, by purchase, lease, gift or condemnation, and to improve the same, for the purpose of providing for the public parking of vehicles, after funds to cover the estimated cost of acquisition and improvement have been appropriated and allotted as hereinafter provided and as provided by law in the Town.
(S.A. 177 ¡ì 1, 1957.)
Sec. 124. Appropriations for parking areas; initiation of projects.
[Sec. 123. Appropriations for parking areas.]
(a) The Town may make appropriations for, and provide out of the general fund and through borrowing, funds to pay the cost of the acquisition and improvement of parking areas, whether or not any part of such cost is to be reimbursed to the Town as hereinafter provided, and may allot such funds in the manner hereinafter provided.
(S.A. 177 ¡ì 2, 1957.)
[Sec. 124. Initiation of projects.]
(b) If in the judgment of the Board of Selectmen it is necessary to acquire or improve any area for the public parking of vehicles, it shall submit to the Board of Estimate and Taxation plans showing the area to be acquired or improved, together with a request for an allotment from funds appropriated for this purpose to meet the estimated cost of acquisition or improvement and, if necessary, an application for the appropriation of such funds as may be required for any such allotment.
(S.A. 177 ¡ì 3, 1957.)
Sec. 128. Acquisition of real property; procedure.
(a) After funds have been appropriated and allotted for the acquisition of any area for public parking, the Director of Parking Services [Commissioner of Public Works] may acquire such area by negotiation and, upon authorization of the Representative Town Meeting, may apply to the Condemnation Commission appointed under the provisions of Section 157 hereof, hereinafter called "the Commission," for the condemnation of such real property required for such purpose and for an assessment of damages. The Commission shall not take by eminent domain, for the purposes of this Article, any property of a corporation which has the right of eminent domain. This Article shall not affect the powers of eminent domain of such corporation.
(b) The Commission shall notify all persons claiming interest in such real property of a hearing on such proposed taking, notice of which shall be given to such persons at least ten (10) days before such hearing by leaving copies of such notice with them or at their places of abode in the Town, if they reside therein, or, if they do not reside in the Town, by registered or certified mail addressed to their last-known addresses, and by publication in a newspaper published or having circulation in the Town at least ten (10) days before such hearing. After such hearing the Commission shall determine whether or not such taking is necessary and, upon finding that it is necessary, shall determine and assess damages resulting from such taking and shall file in the office of the Town Clerk a certificate as to its determination of such necessity of taking and shall therein designate by number each lot or parcel taken, the owner thereof, if known, and the damages assessed in each instance.
(c) The Commission, within five (5) days after the filing of the certificate, shall give written notice of such determination of necessity and assessment and the amount thereof in each case to each person claiming interest in each lot or parcel taken, addressed to him at his last-known post-office address, and by publishing in a newspaper published or having circulation in the Town, within five (5) days after such filing, a notice of the filing in the office of the Town Clerk of the certificate of necessity and assessment of damages. Upon the filing of such certificate, title to the real property to be acquired shall vest in the Town.
(d) The assessment of damages shall be deemed final and conclusive upon such filing, without other notice to any person, subject to the right of appeal as provided in Section 149 hereof. The Town shall pay the amounts thus assessed to the persons claiming interest in each lot or parcel upon acceptance thereof. After the Town obtains title to real property acquired for public parking, the Director of Parking Services [Commissioner of Public Works] shall cause [improve] the same to be improved for public parking of vehicles after the allotment of funds therefor as herein provided.
(S.A. 177 ¡ì 7, 1957.)
Sec. 129. Certification of cost of acquisition or improvements.
(a) The Director of Parking Services [Commissioner of Public Works] shall advise the Comptroller when such public parking areas have been acquired or improved. The Comptroller shall thereupon compute and ascertain the total cost of acquisition or improvement thereof. In such total cost shall be included all expenses in connection with the acquisition of land, buildings, easements and other property, or in the improvement thereof, all sums paid by the Town to surveyors, engineers, architects, inspectors, attorneys and other persons in connection therewith, the cost of any work done by the Town, all expenses in connection with any assessment of benefits, and the interest on notes or bonds issued by the Town, or on funds advanced by the Town at a rate not to exceed six percent (6%) per annum, to pay the expense of such acquisition or improvement computed to the time at which the first installment of any assessment or tax becomes due, but not in excess of four (4) years interest.
(b) The Comptroller shall certify such total cost. The part of such cost which has been determined shall be assessed or taxed against the property within a parking district in accordance with the provisions of this Article. Where such cost is to be assessed, such certification shall be to the Condemnation Commission, and where such cost is to be taxed, such certification shall be to the Board of Estimate and Taxation.
(S.A. 177 ¡ì 8, 1957.)
Sec. 142. Parking Fund; use.
(a) A separate fund shall be established and maintained by the Town to account for:
(1) All amounts appropriated by the Town for the Department of Parking Services operation and maintenance of public parking areas and all amounts allotted by the Town for the acquisition and improvement of public parking areas;
(2) All amounts collected as parking assessments, including interest;
(3) All taxes levied under the provisions of this Article, including interest;
(4) All parking revenues;
(5) The proceeds of all notes and bonds issued under this Article; and
(6) All interest received on moneys in this Fund.
(b) The amounts received shall be used:
(1) For the acquisition or improvement of public parking areas;
(2) To reimburse the Town for any amounts advanced from the general fund for such purposes to the extent of funds not contributed by the Town for such purposes;
(3) To pay the Department of Parking Services expenses of operation and maintenance of the parking areas; and
(4) To pay the principal of and interest on any notes and bonds issued pursuant to the provisions of this Article.
(c) An allotment for any such acquisition or improvement shall continue in force until the cost thereof has been certified by the Comptroller. At that time the unencumbered balance of any such allotment shall be returned to the unappropriated surplus of the Parking Fund.
(S.A. 177 ¡ì21, 1957; as amended by RTM. 9/9/57.)
Sec. 143. Regulations and enforcement. [Maintenance and operation of parking facilities.]
[The Commissioner of Public Works is authorized to maintain public off-street automobile parking facilities acquired and improved under this Article] Reasonable regulations for the orderly use of the public parking areas [such facilities], including the payment of reasonable fees for [the] use and fines for violation thereof, may be prescribed by the Selectmen. [and shall be enforced by the Police Department.] Personnel of the Department of Parking Services, designated by the Director as Parking Control Officers and sworn to perform such duties before the Board of Selectmen, shall have authority to issue notices of violation of parking regulations of the Town as shall the Police Department and such other authorized officials as may be designated by the Selectmen. (S.A. 177 ¡ì22, 1957.)(as amended by RTM 9/13/76.)
Sec. 144. Entry upon property.
The Selectmen, Director of Parking Services, the Commissioner of Public Works, members of the Condemnation Commission and their respective agents, engineers and surveyors and such other persons as may be necessary to enable them to perform their duties under this Article are authorized to enter upon any property for the purpose of making surveys, examinations or investigations and preparing maps, and for such other purposes as may be necessary in the performance of their duties under this Article.
(S.A. 177 ¡ì 23, 1957.)
Sec. 145. Parking revenue collection equipment [meters]; revenues.
(a) For purposes of traffic control and to provide adequate parking both on and off street, the Department of Parking Services upon approval of the Board of Selectmen shall have authority to acquire parking revenue collection equipment [meters] by purchase or lease, upon such terms as to the Board shall approve as [seem] best, and to install, maintain, repair and operate such parking revenue collection equipment [meters] on such public highways within the Town and parking lots and other areas owned by the Town which to the Board shall approve as [seem] necessary, and to establish such rates in the operation of any such equipment [meters] in furtherance of the purposes above set forth which to the Board shall approve as [seem] proper.
(b) Parking [meter] revenues from such equipment shall first be used to pay the cost of acquiring, operating, maintaining and repairing the parking [meters] revenue collection equipment and any surplus shall be used as parking revenue pursuant to this Article. [to pay other expenses in aid of traffic control, including the acquisition and operation of other parking and traffic control devices and the acquisition, improvement and maintenance of parking lots or other off-street parking areas]
(S.A. 177 ¡ì 24, 1957.)
Sec. 150. Department of Public Works; Commissioner's powers and duties; Deputy.
(a) There shall be a Department of Public Works under the direction and control of the First Selectman. The head of the Department shall be the Commissioner of Public Works, who shall have charge of all matters involved in the construction, development and maintenance of the physical properties of the Town, except the design and maintenance of school property and property under the control of the Department of Parks and Recreation and Department of Parking Services. He shall be the Town Engineer and shall be a civil engineer and experienced in the management of engineering and construction projects, including such projects as are involved in municipal engineering.
(b) The functions of the Department of Public Works shall be distributed under the Commissioner of Public Works among divisions and offices which shall include the divisions of highways, sewers building construction and maintenance, and recycling and waste collection and disposal. Subject to the direction of the Planning and Zoning Commission, the Commissioner of Public Works shall have charge of the physical planning and development of the Town as a whole. The Commissioner of Public Works shall, subject to the provisions of this Article, have all the powers and duties formerly conferred and imposed by law upon the Superintendent of Highways, and all the powers and duties formerly conferred and imposed by law upon the Sewer Commissioners, except such powers and duties as relate to the collection of taxes and assessments.
(c) The Commissioner of Public Works shall be the Town's chief technical adviser in all matters involved in the physical development of the Town and the design and construction of its physical plan. All construction of public buildings and other public improvements of the Town, including repairs and reconstruction, shall be done according to plans prepared or approved by the Commissioner of Public Works, and be subject to his supervision and acceptance, provided the Board of Education [and], the Department of Parks and Recreation and the Department of Parking Services have supervision and control over the design of buildings under their jurisdiction.
(d) There shall be a Deputy Commissioner of Public Works who shall be appointed by the Commissioner of Public Works with the prior approval of the Selectmen. Said Deputy Commissioner shall have the same qualifications as the Commissioner of Public Works. In the absence or disability of the Commissioner of Public Works or if the office becomes vacant for any reason, the Deputy Commissioner of Public Works shall perform the duties and exercise the powers of the Commissioner of Public Works for a period not to exceed ninety (90) days or for such longer period as the Selectmen may determine. The salary of the Deputy Commissioner shall be fixed by the Town on the recommendation of the Board of Estimate and Taxation in the same manner as other appropriations are determined.
(S.A. 444, ¡ì 27, 1939; as amended by RTM 4/27/1970; RTM 4/10/1972; as amended by RTM 4/12/1976; RTM 12/10/1990; RTM 1/17/1995.)
Sec. 217. First Selectman; powers and duties.
(a) All administrative functions relative to police, fire, highways, sewers and other public works, building inspection, parks, recreation, law, parking services, fleet management and purchasing for such purposes, shall be divided, under the supervision and control of the First Selectman, among administrative departments which shall include the Department of Police, Fire, Public Works, Parks and Recreation, Law, Parking Services and Fleet Maintenance. The First Selectman shall have the supervision and control, and shall be responsible for the administration, of all the affairs of the Town in respect to such departments, and may fix and determine the internal organization of such departments, the number and kinds of offices and positions, the methods of procedure and, subject to appropriation as otherwise provided by law, the rates of compensation.
(b) First Selectman and board of selectmen. The First Selectman shall be the chief executive officer of the town and the town agent and shall devote his full time to the duties of his office. The two selectmen other than the First Selectman who are elected as provided in this act shall, together with the First Selectman, constitute the board of selectmen. The First Selectman shall chair the board of selectmen. The First Selectman shall hold at least one meeting each month with the other selectmen for the purpose of keeping them generally informed of the business of the town. Upon five days' written notice to the First Selectman, either of the two selectmen may place an item on the agenda of a meeting, which item shall be germane to the duties and responsibilities of the board of selectmen. Minutes of such meetings shall be taken and made available for public inspection. The First Selectman shall designate one of the other selectmen to act in his place and stead during his absence. Such Selectman when so acting shall have all of the powers and duties of the First Selectman.
(c) Compensation of First Selectman and selectmen. The First Selectman shall be paid a salary appropriate for the chief executive officer and town agent, and the other two selectmen shall be paid salaries commensurate with their duties and responsibilities, but the salary of each of the two selectmen shall be no less than ten percent of the salary of the First Selectman, subject to the approval of appropriations by the Representative Town Meeting pursuant to Section 23 of the Charter. Provision for such salaries shall be included in the budget report submitted annually by the First Selectman to the board of estimate and taxation.
(S.A. 444 ¡ì 23, 1939; as amended by S.A. 71 ¡ì 1, 1955; RTM, 4/27/1970; RTM, 3/13/1972.)(Char. Rev. 11/4/1975, eff. 1/1/1978.)(RTM, 1/21/1985.)(Board of Selectmen 9/17/1997.)
Sec. 238. Traffic Authority; penalties.
The Board of Selectmen, acting as the Police Commission, shall have authority by ordinance to provide that any person, firm or corporation violating any ordinance or by-law, or any rule or regulation adopted pursuant thereto, relating to traffic or parking in the Town, shall be fined such amount as may be specified therein, not exceeding One Hundred Dollars ($100.00). In any case involving a vehicle parked in violation of any such prohibition or restriction of parking, a police officer or such other official sworn to perform such duties by the Board of Selectmen shall serve upon the operator of the vehicle, by delivering to him personally, or by attaching to such vehicle, a notice of parking violation directing such operator to pay the fine authorized by ordinance, by-law, rule or regulation [appear at police headquarters] within such time as may be specified in such notice. [ordinance and there exhibit the notice and his operator's license.] When any person receives such notice, he may comply therewith and pay to the Town, at the Department of Parking Services [police headquarters,] such sum [not exceeding Five Dollars ($5.00)] as may be specified in such [ordinance and] notice, and that no summons or warrant for arrest shall be issued for any such violation prior to the expiration of such period, nor thereafter, if such operator has complied with such notice and paid the sum within the period.
(S.A. 406 ¡ì 3, 1953.)
(additions bold; deletions within [brackets])
DEPARTMENT: Board of Selectmen
Valerie Maze, Assistant Town Attorney 622-7877
REFERRED TO: Legislative & Rules
VOTES: Board of Selectmen 3-0
RESOLVED, that Article 15 of the Town of Greenwich Charter be amended to include the following section:
Sec. 217A. Town Administrator
(a) There shall be a Town Administrator. The Town Administrator shall be qualified in the administration and management of town or city government as evidenced by his/her experience and education. The Town Administrator shall be appointed by the Board of Selectmen upon recommendation of the First Selectman. The Town Administrator shall be an employee at will and may be removed from office by the Board of Selectmen upon recommendation of the First Selectman.
The Town Administrator shall be responsible for the day-to-day administration of those departments and operations under the supervision of the First Selectman. The Town Administrator shall coordinate the Annual Budget Process for the First Selectman. The Town Administrator may perform other duties as assigned by the First Selectman.
(b) The compensation of the Town Administrator shall be set by the Board of Selectmen upon the recommendation of the First Selectman. The First Selectman shall evaluate the performance of the Town Administrator annually. Such evaluation shall become a permanent part of the Town Administrator’s personnel file.
(additions bold; deletions within [brackets])
The foregoing proposal for home rule action requires an affirmative vote of a majority of the entire membership of the Representative Town Meeting, followed by approval at a referendum requiring, if at a regular election, a vote of a majority of the electors voting therein.
EXPLANATORY COMMENTS –
This provision creates a new section of the Charter, Sec. 217A, to follow immediately after Sec. 217 in the Charter which sets forth the powers duties of the First Selectman. Sec. 217A creates the position of Town Administrator and sets forth the duties of the position including day-to-day administration of departments and operations under the supervision of the First Selectman, coordination of the Annual Budget Process for the First Selectman, and the authority to perform other duties as assigned by the First Selectman. The First Selectman evaluates the performance of the Town Administrator. In order to ensure that the position is terminable at will for any reason or no reason, the section specifies that the Town Administrator is an employee at will. On the other hand, in order to endow the position with potential of continuity from one administration to the next, the section empowers the Board of Selectmen to appoint and remove the Town Administrator upon recommendation of the First Selectman.
The new Charter section is set forth above with the related existing Charter section to show the context.
DEPARTMENT: Board of Selectmen
CONTACT: James A. Lash, First Selectman, (203) 622-7710
Valerie E. Maze, Assistant Town Attorney (203) 622-7877
REFERRED TO: Legislative & Rules
VOTES: Board of Selectmen 3-0
RESOLVED, that Section 217 of the Town of Greenwich Charter is amended to read as follows:
Sec. 217. First Selectman; powers and duties.
(a) All administrative functions relative to police, fire, highways, sewers and other public works, building inspection, parks, recreation, law, fleet management, information technology, and purchasing for such purposes, shall be divided, under the supervision and control of the First Selectman, among administrative departments which shall include the Department of Police, Fire, Public Works, Parks and Recreation, Law and Fleet Maintenance. The First Selectman shall have the supervision and control, and shall be responsible for the administration, of all the affairs of the Town in respect to such departments, and may fix and determine the internal organization of such departments, the number and kinds of offices and positions, the methods of procedure and, subject to appropriation as otherwise provided by law, the rates of compensation.
(b) First Selectman and board of selectmen. The First Selectman shall be the chief executive officer of the town and the town agent and shall devote his full time to the duties of his office. The two selectmen other than the First Selectman who are elected as provided in this act shall, together with the First Selectman, constitute the board of selectmen. The First Selectman shall chair the board of selectmen. The First Selectman shall hold at least one meeting each month with the other selectmen for the purpose of keeping them generally informed of the business of the town. Upon five days' written notice to the First Selectman, either of the two selectmen may place an item on the agenda of a meeting, which item shall be germane to the duties and responsibilities of the board of selectmen. Minutes of such meetings shall be taken and made available for public inspection. The First Selectman shall designate one of the other selectmen to act in his place and stead during his absence. Such Selectman when so acting shall have all of the powers and duties of the First Selectman.
(c) Compensation of First Selectman and selectmen. The First Selectman shall be paid a salary appropriate for the chief executive officer and town agent, and the other two selectmen shall be paid salaries commensurate with their duties and responsibilities, but the salary of each of the two selectmen shall be no less than ten percent of the salary of the First Selectman, subject to the approval of appropriations by the Representative Town Meeting pursuant to Section 23 of the Charter. Provision for such salaries shall be included in the budget report submitted annually by the First Selectman to the board of estimate and taxation.
(S.A. 444 ¡ì 23, 1939; as amended by S.A. 71 ¡ì 1, 1955; RTM, 4/27/1970; RTM, 3/13/1972.)(Char. Rev. 11/4/1975, eff. 1/1/1978.)(RTM, 1/21/1985.)(Board of Selectmen 9/17/1997.)
(additions bold; deletions within [brackets])
The foregoing proposal for home rule action requires an affirmative vote of a majority of the entire membership of the Representative Town Meeting.
EXPLANATORY COMMENTS This revision to Sec. 217 of the Charter specifically identifies information technology as one of the administrative functions falling within the supervision and control of the First Selectman. The revised Charter section is set forth below.
DEPARTMENT: Selectmen
CONTACT: Ed Gomeau 622-7710
REFERRED TO: Appointments, Land Use
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Inland Wetlands Agency for a term expiring 3/31/09.
THOMAS R. BAPTIST
Explanatory Comments
Thomas R. Baptist. 613 Riversville Road, Greenwich. Renomination as a member of the Inland Wetlands Agency for a term expiring 3/31/09.
MS – Environmental Science, BS – Biology. Currently, State Executive Director of National Audubon Society. Greenwich Land Trust Director and Member of Selectmen’s Committee on Town Properties.
DEPARTMENT: Selectmen
CONTACT: Ed Gomeau 622-7710
REFERRED TO: Appointments, Land Use
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Inland Wetlands Agency for a term expiring 3/31/09.
JOHN R. CONTE
Explanatory Comments~
John R. Conte. 32 Dairy Road, Greenwich. New nomination as a member of the Inland Wetlands Agency for a term expiring 3/31/09.
Harvard University Graduate School of Design – Professional development courses in Horticulture and Design. S.U.N.Y. at Farmingdale – Associate Degree.
CT State licensed Landscape Architect, CT State Licensed Arborist. Principle, Chief Landscape Architect – Conte & Conte, LLC. Board member – Boy Scouts of America, Greenwich Green and Clean, Family Centers, Inc. and past Planning Council member – United Way.
DEPARTMENT: Selectmen
CONTACT: Ed Gomeau 622-7710
REFERRED TO: Appointments, Land Use
VOTES: Board of Selectmen 3-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Inland Wetlands Agency for a term expiring 3/31/09.
WILLIAM J. GREMP
Explanatory Comments
William J. Gremp. 110 Cedar Cliff Road, Riverside. Renomination as a member of the Inland Wetlands Agency for a term expiring 3/31/09.
MBA – New York University, Bachelor of Science – University of Minn.
Investment Banker with First Union Corp.
DEPARTMENT: Selectmen
CONTACT: Ed Gomeau 622-7710
REFERRED TO: Appointments, Health & Human Services
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Board of Social Services for a term expiring 3/31/08.
SHIRLEY E. JANKOWICH
Explanatory Comments
Shirley E. Jankowich. 99 Riverside Avenue, Riverside. New nomination as a regular member of the Board of Social Services for a term expiring 3/31/08.
BS – Skidmore College, University of Colorado, University of Illinois, New York University N.Y.C. Film Seminar and University of Bridgeport.
Former Art Teacher, Greenwich High School, Eastern Junior High and Junior and Senior High School, Glens Falls, NY. Volunteer membership, Metropolitan Museum of Art, Laurel House Thrift Shop and Volunteer for St. Luke’s Homeless Shelter.
DEPARTMENT: Selectmen
CONTACT: Ed Gomeau 622-7710
REFERRED T0: Appointments, Health & Human Services
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Nathaniel Witherell Board for a term expiring 3/31/08.
KURT KRAUSS
Explanatory Comments
Kurt Krauss. 26 Sachem Road, Greenwich. New nomination as a regular member of the Nathaniel Witherell Board for a term expiring 3/31/08.
Master of Science in Industrial Administration – Carnegie-Mellon University. Bachelor of Arts in Mathematics – Heidelberg College.
Founder of Sachem Investments, serving several corporate and not-for-profit boards of directors. Management Consultant and counseling veteran.
DEPARTMENT: Selectmen
CONTACT: Ed Gomeau 622-7710
REFERRED TO: Appointments, Land Use
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Inland Wetlands Agency for a term expiring 3/31/09.
LAWRENCE PERRY
Explanatory Comments
Lawrence Perry. 51 Valleywood Road, Cos Cob. Renomination as a member of the Inland Wetlands Agency for a term expiring 3/31/09.
BA Degree in Biochemistry and Molecular Biology – Northwestern University, Juris Doctor degree from IIT/Chicago-Kent College of Law. Partner in NY law firm and member of the Democratic Town Committee.
DEPARTMENT: Selectmen
CONTACT: Ed Gomeau 622-7710
REFERRED TO: Appointments, Land Use
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the following named person, nominated by the Board of Selectmen, be appointed a member of the Inland Wetlands Agency for a term expiring 3/31/09.
MATTHEW J. POPP
Explanatory Comments
Matthew J. Popp. 54 Mead Avenue, Greenwich. Renomination as a member of the Inland Wetlands Agency for a term expiring 3/31/09.
Bachelor of Science in Horticulture, Master of Landscape Architecture. Principal Landscape Architect, Environmental Analyst, Environmental Land Solutions, LLC, Norwalk, CT.
DEPARTMENT: Selectmen
CONTACT: Ed Gomeau 622-7710
REFERRED TO: Finance, Health & Human Services
VOTES: Board of Selectmen 3-0-0
To consider and act upon the following resolution requested by the First Selectman:
RESOLVED, pursuant to State Public Act No. 95-268, An Act concerning Neighborhood Assistance, the programs set out in the Explanatory Comments (attached) and complete applications filed in the Town Clerk’s office are hereby approved for the purpose of encouraging business contributions to non-profit organizations and government agencies providing important services in Greenwich.
Explanatory Comments
The Connecticut Neighborhood Assistance Act provides tax credits for businesses that contribute to community programs that have received both municipal and state approval. The programs include providing neighborhood assistance, job training or education, community services, crime prevention, energy conservation, or construction or rehabilitation of dwelling units for families of low and moderate income in the State.
Municipalities interested in submitting programs for inclusion in the 2005 program must hold a public hearing on their proposals, and the legislative body of each municipality must also vote to approve the programs. The programs should be detailed on the proposal forms. When the tax exempt organization and/or municipal agency receives both municipal and state approval for its proposed program(s), it is then up to that organization to secure funding for the approved program(s) from businesses, which in turn will receive a tax credit from the State of Connecticut. Basically, it is a way to give corporations and businesses an incentive to give money to non-for-profit, tax-exempt organizations and government agencies that aid the community.
Submitted for your approval for 2005 are 19 programs from 10 organizations with a total funding of $771,822.00.
ATTACHMENTS
List of 2005 applicants. The complete set of applications with program information is available in the Town Clerk’s Office.
DEPARTMENT: Finance –06fl01
REFERRED TO: Finance
VOTES: Approved by the Board of Estimate & Taxation on May 16, 2005 with a vote of 12-0-0.
RESOLVED, that the sum of $250,000 be and the same is hereby appropriated to be added to accounts identified below:
A902-57300 Workers Compensation
EXPLANATORY COMMENTS
D-1 FINANCE – NEW APPROPRIATION of $250,000 to account 902-57300 for Workers Compensation
This request is for additional funds for workers compensation claims. The 2004-2005 claims are expected to exceed budget due to the continued cost of the Davis Avenue fire in addition to the incurrence of a number of serious accidents during this fiscal year.
DEPARTMENT: Public Works 0506PW08
CONTACT: Marcos J. Madrid, Commissioner (203) 622-7740
REFERRED TO: Public Works
VOTES: Board of Selectman Approval 3-0, May 19, 2005
RESOLVED, upon recommendation of the Law Department, approved by the Board of Selectmen, that the easement on the portion of Hooker Lane abutting #30 Hooker Lane, previously used as a turnaround, be released, and that this property be quit claimed to the abutting property owners.
EXPLANATORY COMMENTS
The private section of Hooker Lane, also know as Hooker Lane Extension, was accepted as a public road at the April 11, 2005 RTM Meeting by a vote of 177-1-0. The March 29, 2005 Planning & Zoning Municipal Improvement meeting approved this with a vote of 5-0-0.
A portion of Hooker Lane, as shown on Town Clerk’s Map No. 4692, extending northeasterly approximately 1,150 feet from the street right-of-way line of Cognewaugh Road to and including the turnaround was accepted as a public road by the RTM in October 1969. As the area developed the road was extended to accommodate additional homes.
The Law Department proposed that the Town quit claim the property for which the Town currently has an easement, used as a turnaround that was created at what was the original end of Hooker Lane, since the existing town road section at that time, required a turnaround. At the May 19, 2005 Board of Selectman meeting, Peter Crumbine moved that this easement be released and the motion passed unanimously by a vote of 3-0 by the Board of Selectman.
DEPARTMENT: Public Works 0506PW09
CONTACT: Marcos J. Madrid, Commissioner (203) 622-7740
REFERRED TO: Finance, Land Use, Public Works
VOTES: Board of Selectman Approval, May 19, 2005, 3-0
Planning & Zoning Commission Approval, May 10, 2005, Unanimous
RESOLVED, that the RTM accept a gift of land valued at approximately $350,000 abutting the Pomerance property park, also know as 215 Orchard Street, Cos Cob.
EXPLANATORY COMMENTS
At the May 10, 2005 meeting of the Planning & Zoning Commission, a sub-division at 215 Orchard Street was approved. As part of this approval, a parcel of land was required to be kept as open space.
The property owners desire to gift this open space to the Town which is highly desirable to the Town as it is adjacent to the open space of the Pomerance property park. Having the open space area owned by the Town Of Greenwich will clearly benefit the neighborhood and is a natural and appropriate extension of the adjacent park. The Planning & Zoning Commission, the Inlands/Wetlands Agency and the Conservation Director all endorse having the open space area owned by the Town for these reasons. The Board of Selectman at its May 19, 2005 meeting, voted unanimously to accept this gift of land.
The open parcel of land consists of approximately 9000 square feet and has an estimated value of approximately $350,000.
Attachments
See Map in separate packet
DEPARTMENT: Human Resources
Valerie Maze, Assistant Town Attorney 622-7877
REFERRED TO: Legislative & Rules
VOTES: Board of Selectmen 3-0
Board of Estimated and Taxation (special meeting to be held prior to RTM meeting.
RESOLVED, that (i) Article 15 of the Charter of the Town of Greenwich be amended to include the new section concerning the Department of Human Resources and Director of Human Resources set forth below; and (ii) Section 217 of the Charter be amended as set forth below; and (iii) Section 223 be amended as set forth below.
Sec. __. Department of Human Resources; Director of Human Resources
(a) There shall be a Department of Human Resources under the direction of a Director of Human Resources who shall be experienced in managing human resources functions necessary for the effective administration of employment functions and administration of the Town benefits program.
(i) Subject to section 223, the Director of Human Resources shall develop and implement personnel policies, procedures, rules and regulations for Town employees.
(ii) Except for managerial and instructional staff of the Board of Education, the Director of Human Resources shall administer all employment functions within the Town as an aide to the Town’s appointing authorities. Said employment functions shall exclude the negotiation of collective bargaining agreements and shall include, without limitation, the following functions:
a. Recruitment;
b. Employment eligibility determinations, testing and assessment;
c. Administration of classification processes;
d. Administration of the hiring process and procedures;
e. Implementation of terms and conditions of employment as may be established from time to time through the collective bargaining process;
f. Administration of employee performance review plans and recommendation of modifications to employee performance review plans or procedures;
g. Administration of employee discipline and separation in accordance with collective bargaining agreements and Town personnel policies.
h. Development of personnel training, employee development and retention processes;
i. Maintenance of personnel records and documents;
j. Compliance review as to all applicable laws in the area of personnel.
(iii) The Board of Education shall be responsible for administration of all employment functions for managerial-level and instructional staff of the Board of Education.
(iv) Except for the Town’s Retirement System, the Director of Human Resources shall administer the Town’s benefits program and related budgets for all active and retired Town employees.
(b) The Director of Human Resources shall be appointed by the Board of Selectmen upon recommendation of the First Selectman. The Director of Human Resources may be removed from office by the Board of Selectmen acting upon recommendation of the First Selectman. The First Selectman shall determine the salary of the Director of Human Resources, which shall be paid out of the general funds of the Town subject to appropriation as otherwise provided by law and this Charter.
(c) The Director of Human Resources shall determine the numbers and kinds of offices and positions, the methods of procedure, the rates of compensation of the officers and employees of the Human Resources Department, subject to appropriation or as otherwise provided by law and this Charter. The Director of Human Resources shall appoint and remove subordinates in the Department of Human Resources.
(d) Nothing contained in this section shall affect the powers of the Board of Estimate and Taxation under this Charter to administer the financial affairs and budget of the Town of Greenwich.
(e) For the purposes of this section, “appointing authorities” shall include the First Selectman, the Board of Estimate and Taxation, the Board of Health, the Board of Social Services, the Planning and Zoning Commission, the Board of Education, the Retirement Board, the Conservation Commission, the Board of Nathaniel Witherell, the Boards of the Greenwich Library and the Perrot Memorial Libraries, the Inland Wetlands and Watercourses Agency, and heads of Town departments.
(additions bold; deletions within [brackets])
Sec. 217. First Selectman; powers and duties.
(a) All administrative functions relative to police, fire, highways, sewers and other public works, building inspection, parks, recreation, law, human resources, fleet management, and purchasing for such operations, shall be divided, under the supervision and control of the First Selectman, among administrative departments, which shall include the Department of Police, Fire, Public Works, Parks and Recreation, Law, [and] Human Resources and Fleet Maintenance. The First Selectman shall have the supervision and the affairs of the Town in respect to such departments, and may fix and determine the internal organization of such departments, the number and kinds of offices and positions, the methods of procedure and, subject to appropriation as otherwise provided by law, the rates of compensation.
(b) First Selectman and board of selectmen. The First Selectman shall be the chief executive officer of the town and the town agent and shall devote his full time to the duties of his office. The two selectmen other than the First Selectman who are elected as provided in this act shall, together with the First Selectman, constitute the board of selectmen. The First Selectman shall chair the board of selectmen. The First Selectman shall hold at least one meeting each month with the other selectmen for the purpose of keeping them generally informed of the business of the town. Upon five days' written notice to the First Selectman, either of the two selectmen may place an item on the agenda of a meeting, which item shall be germane to the duties and responsibilities of the board of selectmen. Minutes of such meetings shall be taken and made available for public inspection. The First Selectman shall designate one of the other selectmen to act in his place and stead during his absence. Such Selectman when so acting shall have all of the powers and duties of the First Selectman.
(c) Compensation of First Selectman and selectmen. The First Selectman shall be paid a salary appropriate for the chief executive officer and town agent, and the other two selectmen shall be paid salaries commensurate with their duties and responsibilities, but the salary of each of the two selectmen shall be no less than ten percent of the salary of the First Selectman, subject to the approval of appropriations by the Representative Town Meeting pursuant to Section 23 of the Charter. Provision for such salaries shall be included in the budget report submitted annually by the First Selectman to the board of estimate and taxation.
(S.A. 444 § 23, 1939; as amended by S.A. 71 § 1, 1955; RTM, 4/27/1970; RTM, 3/13/1972.)(Char. Rev. 11/4/1975, eff. 1/1/1978.)(RTM, 1/21/1985.)(Board of Selectmen 9/17/1997.)
(additions bold; deletions within [brackets])
Sec. 223 Administrative regulations.
(a) The First Selectman, the Board of Estimate and Taxation, the Board of Health, [and] the Board of Social Services, and the Board of Education may prescribe such general rules and regulations as they may, respectively, deem necessary or expedient for the conduct of the departments and staff under their respective direction and control, not inconsistent with this Article or Town personnel policies, and except as otherwise provided by law.
(b) The head of each department may likewise prescribe such rules and regulations as he may deem necessary or expedient for the proper conduct of the department and for making effective the provisions of law not inconsistent with Town personnel policies or the general rules and regulations prescribed by such boards.
(S.A. 444 § 13, 1939.)(Char. Rev. 11/4/1975, eff. 1/1/1978.)
(additions bold; deletions within [brackets])
The foregoing proposal for home rule action requires an affirmative vote of seven members of the Board of Estimate and Taxation, followed by approval at a referendum requiring, if at a regular election, a vote of a majority of the electors voting therein.
EXPLANATORY COMMENTS
The Board of Selectmen has approved and recommends the inclusion of the Human Resources Department in the town Charter. The Board of Estimate and Taxation’s Human Resources Committee and Law Committee have reviewed this proposal. The Board of Estimate and Taxation will hold a special meeting to vote on this proposal prior to the RTM Committee meetings on June 6. The Human Resources Department has operated as a town department since 1995 acting under the resolutions passed by the Board of Estimate and Taxation and the Selectmen in 1995. This charter change would formalize the Human Resources function within the town charter.
DEPARTMENT: Selectmen
CONTACT: Ed Gomeau 622-7710
REFERRED TO: Appointments, Land Use
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 Commission for a term expiring 3/31/08.
FRANK FARRICKER
Explanatory Comments
Frank Farricker. 14 Sinawoy Road, Cob Cob. New nomination as a member of the Planning and Zoning Commission for a term expiring 3/31/08.
BA George Washington University, MA – Columbia University. SVP Real Estate Financing Company. Board member -The Mary Fund hospice care,
DEPARTMENT: Selectmen
CONTACT: Ed Gomeau 622-7710
REFERRED To: Appointments, Land Use
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 Commission for a term expiring 3/31/08.
PAUL S. MARCHESE
Explanatory Comments
Paul S. Marchese. 15 Greenbriar Lane, Greenwich. New nomination as a member of the Planning and Zoning Commission for a term expiring 3/31/08.
BS degree – College of Art & Architecture. Masters Degree, Sociology/Urban Planning, The New York School for Social Research. Member, American Institute of Architecture, Industrial Designers Society of America.
Internationally recognized ex-chief architect of the World Trade Center and award winning residential architect.
DEPARTMENT: Conservation Commission 200505CC
REFERRED TO: Land Use, Parks & Recreation
VOTES: NA
RESOLVED, that (a) the Conservation Commission of the Town of Greenwich be hereby authorized to accept receipts from the National Fish and Wildlife Foundation’s Long Island Sound Futures Fund Program in the amount of $40,000 and (b) these receipts to become appropriations in appropriate accounts upon approval of the Board of Estimate and Taxation.
EXPLANATORY COMMENTS
The Town of Greenwich has entered into a lease agreement with Greenwich Adult Day Care, Inc. which intends to restore the Mianus River Pond Pump House as an adult day care facility. As part of this lease agreement, GADC is required to provide access to the Mianus River Pond Fish Way by installing an OSHA compliant access walk. GADC will fund the restoration using both public and private funds. The Conservation Commission agreed to help with this effort by seeking out grant opportunities. A $40,000 grant has been awarded to the Town for the walk way from the National Fish and Wildlife Foundation’s Long Island Sound Futures Fund Program. This program is a joint effort of the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, National Oceanic and Atmospheric Administration, National Fish and Wildlife Foundation, USDA-Natural Resources Conservation Service, and the Hudson River Foundation’s New York City Environmental Fund. This money will be passed through to GADC for construction of the access walk.
The walk way will provide safe access for staff and volunteers to monitor and maintain the fish way. In addition it will provide an opportunity for school and youth groups to visit the fish way during the annual river herring migration.
Attachments
Award Letter from National Fish and Wildlife Foundation dated May 12, 2005
TOG Press release dated May 12, 2005
Long Island Sound Study News Release dated May 12, 2005
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