BOARD OF SELECTMEN
JANUARY 28, 2019
Page 1 of 4
Attendance: First Selectwoman Derrylyn Gorski, Selectman Donald Shea, Selectman Clark Hurlburt
Visitors: Nancy McCarthy, Attorney Kevin McSherry
The Board of Selectmen meeting was called to order at 7:35 p.m. The meeting was held in the Selectmen’s Conference Room of the Bethany Town Hall. The meeting opened with the Pledge of Allegiance.
APPROVAL OF MINTES
First Selectwoman Gorski called for approval of the minutes of January 11, 2019. The motion of approval was moved by Selectman Shea and seconded by Selectman Hurlburt. The vote taken was unanimous.
NON-PERMITTED TYING INTO THE TOWN’S DRAINAGE SYSTEM
The request of Castleberry Construction to tie in drainage from 374 Bethmour Road to the Town drainage was tabled because the engineer was unable to attend this meeting.
Selectman Shea moved to refund to A M Fluid Equipment, Inc the sum of $120.48, to JP Morgan Chase Bank the sum of $428.04, to Laurie Janul the sum of $383.58, to Mary Ellen Unger the sum of $35.32 and to Susan Schilpp the sum of $104.06 all for overpayment of taxes. Selectman Hurlburt seconded the motion. The vote taken was unanimous.
CARRINGTON CEMETERY DEEDS
Cemetery deeds were signed by the Selectmen for George and Bette Quinn and Edward and Jeananne Rostowsky. Attorney McSherry and June Riley witnessed the signatures. Town Clerk Nancy McCarthy was present for the processing of these deeds.
ICE STORM UPDATE
First Selectwoman Gorski updated the Board of Selectmen on the recent ice storm damages. At the height of the storm 96.7% of the Town was without power. This was due to the extreme cold and broken and falling trees and branches. Most of the power was restored within a two day period. Eversource will again be back in Town to do another round of tree trimming around power lines. First Selectwoman Gorski was at the Emergency Center at the Fire House during the storm, meeting with telephone and power company representatives.
FEDERAL WORKER TAX DEFERMENT
model language to assist municipalities In Establishing a PROPERTY TAX DEFERMENT program FOR CERTAIN FEDERAL WORKERS
In response to the passage of HB 5765, which (1) allows towns and cities to establish a tax-deferment program for those federal employees’ real and personal property or motor vehicle taxes (2) establishes a loan program for certain federal employees impacted by the federal government shutdown, and (3) allows those federal employees’ to receive unemployment compensation benefits, CCM in consultation with legal counsel has drafted model language to assist municipalities that may choose to enact a property tax deferment program.
The model language was developed through the collaborative efforts of CCM members, staff and outside counsel for your municipality’s consideration. CCM recommends that any municipality choosing to enact this program consult with their municipal attorney before proceeding and enacting a Tax Deferment Program to assist Federal Employees affected by the Government shutdown beginning December 22, 2018.
The Federal Government Shutdown is now the longest in United States history. These provisions will only last the duration of the shutdown and participation by cities and towns to allow for deferment of these taxes is voluntary.
Model Program: Tax Deferment Program to Assist Federal Employees
Model programs are developed through the collaborative efforts of CCM members, staff and outside counsel for a municipality’s consideration. CCM recommends that a municipality consult with their municipal attorney before proceeding and enacting a Tax Deferment Program to assist Federal Employees affected by the Government shutdown beginning December 22, 2018.
Municipal Program to defer the payment of taxes on real property, personal property or motor vehicles, or water or sewer rates, charges or assessments, owed by Federal Employees affected by the Federal Government Shutdown that began December 22, 2018.
To implement the Municipal Tax Deferment Program (House Bill 5765, Section 7) approved by the Connecticut General Assembly and signed by Governor Ned Lamont on January 22, 2019.
1. "Affected Employee" means a federal employee who, during the shutdown, is (A) a resident of this state, and (B) required to work as a federal employee without pay or furloughed as a federal employee without pay;
2. "Shutdown" means the federal fiscal year 2019 partial government shutdown that began on December 22, 2018.
3. “Tax” for purposes of this Program shall include the following: taxes on real property, personal property or motor vehicles, and water or sewer rates, charges or assessments.
Following discussion the following resolution was moved by Selectman Hurlburt.
III. TAX DEFERMENT PROGRAM
a) The Town/City of Bethany has approved a deferment program and shall not charge or collect interest on any Tax or part thereof that is payable by an Affected Employee and which became due during the period when such individual was an Affected Employee.
b) Eligibility for the Deferment Program shall be determined by the town/city. Evidence of eligibility may include such proof as a paystub or bank statement, a federal employee identification card, the federal tax identification number of the employee's employer and a sworn affidavit from such employee indicating that such employee (i) is currently a federal employee residing in the town/city and (ii) is required to work as a federal employee without pay or furloughed as a federal employee without pay..
c) The Town of Bethany may require individuals to recertify eligibility on a periodic basis of not less than thirty days.
d) Each Tax deferred under the program, shall be due and payable without interest or penalty not later than sixty days after the date on which an individual is no longer an Affected Employee.
e) Upon the expiration of the deferred due date set forth in subsection (d), any Tax or portion thereof which remains unpaid shall include all interest and penalties otherwise provided by law calculated retroactively to the original due date for payment of the Tax or any portion thereof that was deferred
f) All provisions of the general statutes relating to continuing, recording and releasing property tax liens and the priority in collection of taxes, rates, charges and assessments shall remain applicable to any deferred Tax or portion thereof.
g) Nothing in this program shall affect lien rights, interest or penalties on, or collection of, any Tax due before December 22, 2018, or sixty days after the date on which an individual is no longer an Affected Employee.
Selectman Shea seconded the resolution. The vote taken was unanimous.
OTHER MATTERS PROPER TO COME BEFORE THE MEETING
First Selectman Don Shea expressed his concern about the use and modification of the Town Seal for a mail sent out by the Clean Energy Task Force.
Adjournment was called at 8:10 p.m. after a motion was moved by Selectman Hurlburt and seconded by Selectman Shea. The vote taken was unanimous.
June G. Riley
Secretary, Board of Selectmen