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REPRESENTATIVE TOWN MEETING
TOWN OF GREENWICH
EXPLANATORY COMMENTS FOR
SEPTEMBER 2005 MEETING
DEPARTMENT: Board of Education 0506ED01
REFERRED TO: Education, Finance, 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 it’s 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
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, 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 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.
ITEM NO: 5
DEPARTMENT: Office of the First Selectman August 18, 2005
REFERRED TO: Finance, Labor Contracts, Town Services
VOTES: Board or commission name vote (y/n/a)
RESOLVED, that the sum of $ 101,405 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 Brotherhood of Teamsters.
FURTHER RESOLVED, that the Representative Town Meeting of the Town of Greenwich hereby approves such provisions of the agreement, if any, which may be in conflict with any charter provisions, special act, ordinance, rule, or regulation of the Town of Greenwich with the meaning of Connecticut General Statutes, Section 7-474.
EXPLANATORY COMMENTS
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 (Except for Building Maintenance Mechanics and LPN’s).
- 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 Witherell 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 enclosure
Summary of Negotiated Changes
Comptroller Letter
Cost Summary
EFI Retirement Letter
Collective Bargaining Agreement 2004- 2008
DEPARTMENT: Selectmen
CONTACT: James A. Lash 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 an alternate member of the Planning and Zoning Commission for a term expiring 3/31/08.
DONALD HELLER
Explanatory Comments
Donald Heller. 45 Pheasant Lane, Greenwich. Renomination as an alternate member of the Planning and Zoning Commission for a term expiring 3/31/08.
BA and MPA Degrees from Syracuse University. Retired Second Lieutenant from US Army.
Former President of Real Estate Management Company. Fore Chairman of Novatek Medical, Inc., former co-founder and President/CEO of TDC Development Corp.
Twenty-one years with Chesebrough Ponds as President, General Manager of the Health and Beauty Products Division, President of Health Tex Division and President of Canadian Operations.
Board and Executive Committee member of the Connecticut Grand Opera and the American Classical Orchestra. Previous RTM member and current member of the National Executive Service Corp.
DEPARTMENT: Selectmen
CONTACT: James A. Lash 622-7710
REFERRED TO: Appointments, 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.
CHRISTOPHER ANN THURLOW
Explanatory Comments
Christopher A. Thurlow. 198 Shore Road, Old Greenwich. Renomination as a regular member of the Nathaniel Witherell Board for a term expiring 3/31/08.
BA, Sweet Briar College, Collegiate Professional Teaching Degree – VA, Master Gardener Degree – UConn. Member, Garden Education Center, Board of Associates, Garden Club of Old Greenwich, Friendly Visitor for Dept. of Social Services and Senior Center Outreach .
DEPARTMENT: Selectmen
CONTACT: Ed Gomeau 622-7710
REFERRED TO: Land Use
VOTES: Board of Selectmen 3-0-0
Planning and Zoning Commission
RESOLVED, that upon the recommendation of the Board of Selectmen and approved by the Planning and Zoning Commission, the name of Wellington Street be changed to Wellington Place.
Explanatory Comments:
The property owners abutting a portion of Wellington Street, a public street, which commences at Mead Avenue and ends at a cul-de-sac, for a length of 250 feet, are desirous of changing the name to Wellington Place. Said road meets all the standards, and has been approved by the Department of Public Works. The Office of First Selectman has verified the abutting property owners.
Attachments:
Petition of abutting property owners on file in the Town Clerk’s office
DEPARTMENT: Selectmen
CONTACT: James A. Lash 622-7710 First Selectman
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 Commission on Aging for a term expiring 3/31/08.
PHYLLIS PRATT
Explanatory Comments
Phyllis Pratt. 16 Turner Drive, Greenwich. New nomination as a regular member of the Commission on Aging for a term expiring 3/31/08.
Long Island University, Master of Science Community Health Administration, Marymount College, Bachelor of Arts, St. Clare’s Hospital School of Nursing, R.N. Diploma.
Retired from Greenwich Hospital – Program Director of Surgery, Orthopedics and Neurosciences.
DEPARTMENT: Selectmen
CONTACT: James A. Lash 622-7710 First Selectman
REFERRED TO: Appointments, Land Use
VOTES: Board of Selectmen 3-0-0
RESOLVED, the following named person, nominated by the Board of Selectman, be appointed an alternate member of the Planning and Zoning Board of Appeals for a term expiring 3/31/09.
PATRICIA G. KIRKPATRICK
Explanatory Comments
Patricia G. Kirkpatrick. 73 Strickland Road, Cos Cob. New nomination as an alternate member of the Planning and Zoning Board of Appeals for a term expiring 3/31/09.
Lehigh University – BS Psychology, University of Pennsylvania, Wharton School – “Fundamental of Management and Organization Behavior for Women, Certificate – Labor and Employment Law Issues.
President and Owner of Kirkpatrick Construction, LLC
DEPARTMENT: Selectmen
CONTACT: James A. Lash 622-7710 First Selectman
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 Planning and Zoning Commission for a term expiring 3/31/08.
R. ELLEN AVELLINO
EXPLANATORY COMMENTS
R. Ellen Avellino. Thirty Washington Avenue, Greenwich. New nomination as an alternate member of the Planning and Zoning Commission for a term expiring 3/31/08.
Fordham University – B.S., New York Law School – J.D.
Self-employed attorney specializing in tax advantaged estate planning and wealth preservation.
Board Member – Greenwich Garden Center, Library Committee Member – New York Botanical Garden, Co-Chair Corporate Fundraising – Audubon of Connecticut and member, Legal Committee of Association of Small Foundations.
DEPARTMENT: Public Works 0509PW01
CONTACT: Alan Monelli, Superintendent of Building (203) 622-7743
REFERRED TO: Public Works, Transportation
VOTES: Pending vote at September 12, 2005, BET
RESOLVED, that the sum of $25,000 be and the same is hereby appropriated to be added to Capital Fund account number Z345-59600-24099, known as “Old Greenwich/Riverside RR Station Rehabilitation”
EXPLANATORY COMMENTS
This request is for an additional appropriation of $25,000 to supplement funds previously approved in the FY04/05 budget to rehabilitate the Old Greenwich Railroad Station. These funds come from the State of Connecticut Department of Transportation (DOT) Railroad Fund administered by the Town per terms of a lease. The State monies are generated from the parking fees at the railroad stations.
In FY04/05 $500,000 was appropriated to undertake the rehabilitation of the Old Greenwich and the Riverside Railroad Stations. The Town executed a contract with THP of Trumbull, CT to undertake the renovations at Old Greenwich Railroad Station (OGRR) for $372,800. The bid was higher than anticipated and, after discussions with the State it was decided that the rehabilitation of the Riverside station would be postponed. A project to re-roof the Cos Cob Railroad Station was requested by the DOT to use the balance of the $500,000.
During the construction at OGRR the contractor uncovered serious defects in the existing structure. These defects were not apparent by visual inspection during the project planning stages and were only uncovered when the interior was demolished. Due to this unforeseen work and additional interim funding request of $150,000 was approved. Both the project to rehabilitate OGRR and to re-roof Cos Cob Railroad Station have been completed.
During the final accounting of the project it was found that the architectural design was also charged to the original funding request. These charges were not accounted for when the subsequent interim funding request for $150,000 was appropriated. Therefore, the account fell short in the amount of $25,000.
The approval of this interim request will be subject to written approval from the State of Connecticut Department of Transportation.
DEPARTMENT: Public Works 0509PW02
CONTACT: Marcos J. Madrid, Commissioner (203) 622-7740
REFERRED TO: Land Use, Legislative & Rules, Transportation
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: Department: Board of Selectmen
REFERRED TO: Finance, Town Services
VOTES: Board of Selectmen 3-0-0
RESOLVED, that the town of Greenwich accept a 2005 Freightliner M2 Pierce Contender Support and Tow vehicle from the State of Connecticut, Department of Public Safety; and that the First Selectman be authorized to execute the Memorandum of Understanding between the State of Connecticut Department of Public Safety and the Town of Greenwich.
EXPLANATORY COMMENTS:
The State Department of Public Safety is awarding the town a tow vehicle that will be used to move the Town’s Emergency Mass Casualty Decontamination trailer. The State will pay for the vehicle valued at $138,417. Included as part of the Memorandum of Understanding is the requirement that this equipment was not subject to a budgetary allocation and that receipt of this equipment does not supplant funds that have been appropriated for the same purpose.
ATTACHMENTS
Separate enclosure
DEPARTMENT: Board of Education 0509ED01
REFERRED TO: Education
VOTES: Board of Education vote pending
RESOLVED, that the Town of Greenwich accept the donation of playground equipment from the Julian Curtiss and Cos Cob School PTAs at their respective schools, consistent with the terms and conditions outlined in Memoranda of Understanding.
EXPLANATORY COMMENTS
Both Julian Curtiss and Cos Cob Schools received capital project funds in 2005-06 for the purchase and installation of new playground equipment. While the funding was in the Board of Education’s capital plan and budget, the project was managed and overseen by the Department of Parks and Recreation which has responsibility for school grounds, including playgrounds.
In addition to the equipment purchased through the approved capital budget, both school PTAs have asked to purchase additional equipment. In consultation with Parks and Recreation staff and approved vendors, the PTAs have identified specific equipment for purchase and installation. While the PTAs will purchase and donate the equipment, the Department of Parks and Recreation, in collaboration with the District Facilities Director, is responsible for approving the final selection of equipment to be purchased, for managing the purchasing and contractual arrangements consistent with all Town and District policies and regulations, and for overseeing and approving final installation.
Attachments
Memoranda of Understanding between the District, the Department of Parks & Recreation and the Julian Curtiss and Cos Cob PTAs.
Name of authorized PTA officer: _______________________________________
Signature: _______________________________ Date: ____________________
Principal’s Initials: ___________________________ Date: __________________
Facilities Director’s Initials: ____________________ Date: __________________
Parks & Recreation Project Manager’s Initials: _________________ Date:______
Name of authorized PTA officer: _______________________________________
Signature: _______________________________ Date: ____________________
Principal’s Initials: ___________________________ Date: __________________
Facilities Director’s Initials: ____________________ Date: __________________
Parks & Recreation Project Manager’s Initials: _________________ Date:______
DEPARTMENT: Department: Assessor
REFERRED TO: Finance, Town Services
VOTES: Board of Estimate and Taxation – September 12 meeting
RESOLVED, that the sum of $68,000 be and is hereby appropriated from the Contingency Fund to Account A135 51410 professional services.
EXPLANATORY COMMENTS:
This request is to increase the number of personal property audits by 136 during this fiscal year. The additional cost of $68,000 should increase revenue by 8 times the cost of the audits ($544,000). While this could be deferred until fiscal 2006/2007, State law allows us to collect omitted taxes from assessment revisions in the 3 previous years in addition to the upcoming year. If not begun before the 2005 Grand List is signed, half of the potential revenue ($272,000) will not be collectable.
During the last fiscal year we contracted for thirty personal property audits, which produced remarkable results. The table below illustrates an 8 times ROI (return on invested cost), total new taxes of $119,246 at a cost of $15,000.
When I became the Assessor two years ago, it was rumored that many businesses were under reporting the costs of their machinery and equipment assets on their annual personal property declaration report.
The above results indicate there is some truth to that claim. We have tried to audit different types of business accounts prepared by various accountants to get the message out that we are serious about equitable assessments for all. We are allowed to correct assessments for three prior years, plus the upcoming year and add a 25% penalty to the assessment of omitted machinery and equipment. These figures represent the actual dollars posted for the accounts audited. They include one to three years of found undeclared values plus penalties.
When I was preparing the budget for fiscal 2005-2006 I did not have the facts to support requesting a larger sum for audits. Only $12,000 was budgeted for the 2005-2006 fiscal year. I believe that the Town should consider taking immediate action for the 2005-2006 fiscal year. Spending more money now would recuperate many times more in otherwise lost tax revenue, and also insure better future annual declaration reporting by the business community.
Any work that we begin before the end of this year will include assessment recovery for 2002, 2003, 2004 and the corrected values for the new upcoming Grand List for 2005. The 2005 mil rate should be considerably lower because of the revaluation Grand List increases. Starting now will enable us to collect the past years lost revenues at the higher prior mil rates.
This request is to increase the number of personal property audits by 136 during this fiscal year. The additional cost of $68,000 should increase revenue by 8 times the cost of the audits ($544,000). While this could be deferred until fiscal 2006/2007, State law allows us to collect omitted taxes from assessment revisions in the 3 previous years in addition to the upcoming year. If not begun before the 2005 Grand List is signed, half of the potential revenue ($272,000) will not be collectable.
In the past we selected a variety of different kinds of businesses to discover business groups that may have a higher tendency to under report assets. This also reached a wide variety of accountants who would inform their clients of the necessity to fully report assets. Businesses are aware of our audits and we are beginning to see greater compliance with the legal requirement to annually declare all personal property assets.
This work will be put out to bid. Last year, Charles B. Feldman and Associates, LLC, State Certified Professional Auditors, provided the professional auditing services. They have developed normal asset tables for various types of business that can help to spot outlier accounts that may be under reporting assets. During the last year less than 1% of the personal property accounts were audited. This year we propose to audit an additional 4% of the total accounts. Delaying these audits will result in loss of year 2002 and 2003 public revenue forever.
DEPARTMENT: Not Applicable
REFERRED TO: Health & Human Services, Land Use, Parks & Recreation
VOTES: Not Applicable
RESOLVED, That the RTM has considered the referral filed under Section 100 of the Town Charter by William A. Relyea, a person owning property within the Town, on behalf of himself and eighty-eight other persons owning property within the Town, and that, accordingly, the RTM hereby resolves to reject the action of the Greenwich Planning and Zoning Commission approving and granting the Application for Municipal Improvement No. 540, and, as applicable, the Application for Final Coastal Site Plan No. 2654 and/or No. 2654-C, submitted by Eric V. P. Brower, authorized agent for and on behalf of the Town of Greenwich, record owner, for construction of 3/4 acre fenced area for canine recreation at Grass Island with improvements, which decision was
published in The Greenwich Time, a newspaper of general circulation in the Town of Greenwich, on Tuesday, August 2, 2005.
EXPLANATORY COMMENTS
Grass Island park is a great asset to the Town, one of our few passive use waterfront parks, gifted to us (with restrictions) early last century. The residents in Greenwich Harbor have battled to keep it that way for generations. The Managed Conservation area in Grass Island has been designated for permanent protection as a passive use park. Any uses other than passive and water-dependent uses are prohibited. The proposal of the Town to construct a dog park in the Managed Conservation area of Grass Island is contrary to every protection fought for and adopted over many years to protect Grass Island, including its Managed Conservation area, from non-passive uses and inappropriate development. The Town's proposal violates the original deed
restrictions, the 1970s Court injunctions, the 1975 management plan, the Grass Island Master Plan (a part, and a condition, of the RTM approval of the Municipal Improvement for the expansion of the waste water treatment plant in 1990), and the Town's Plan of Conservation.
We believe that it is crystal clear that the above actions specifically prohibit the use of Grass Island for a dog park. There is no other park - Greenwich Point, Bruce Park, Byram Park - that is as clearly protected in this manner as Grass Island. If the Town's proposal is allowed to stand, then this precedent will place all of our passive use parks at risk to both this use and other inappropriate non-passive uses.
ATTACHMENTS –separate enclosure
*Cover letter dated August 25, 2005, from William A. Relyea
*Position paper by William A. Relyea, Sylvester Pecora, Sr. and Josephine Conboy
*Copy of news articles from 2000 on same issue, resulting in the Town honoring the restrictions against non-passive uses at Grass Island.
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