The Town of Washington, Connecticut
Special Town Meeting 3/10/05
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www.WashingtonCT.org The Town of Washington, Connecticut Special Town Meeting 3/10/05 |
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WARNING
TOWN OF WASHINGTON, CONNECTICUT
SPECIAL TOWN MEETINGThe voters and electors of the Town of Washington are hereby warned that a Special Town Meeting will be held on Thursday, March 10, 2005 at 7:30 p.m. at Bryan Memorial Town Hall, Washington Depot, Connecticut to consider and act upon the following:
1. To establish an Ordinance regarding a Tax Relief Program for Elderly and Disabled Homeowners.
2. To establish an Ordinance regarding Possession of Alcohol by Minors.
3. To discontinue a portion of West Mountain Road.Dated at Washington Connecticut, this 24th day of February, 2005.
Richard C. Sears
Nicholas N. Solley
Harry W. Wyant
Board of Selectmen
1. To establish an Ordinance regarding a Tax Relief Program for Elderly and Disabled Homeowners
Comment from the First Selectman:TOWN OF WASHINGTON
The Board of Selectment appointed a committee of five citizens to research and propose a tax-relief program for Washington seniors. The committee met for three months and proposed the following Ordinance to the Boards of Finance and Selectmen. Both Boards supported brining the ordinance to a Town Meeting.
TAX RELIEF PROGRAM FOR ELDERLY AND DISABLED HOMEOWNERS
DRAFT
PURPOSE
To assist elderly or disabled homeowners with their real property taxes the Town of Washington hereby enacts tax relief pursuant to Section 12-129n of the Connecticut General Statutes on the terms and conditions provided herein.
ELIGIBILITY
Applicants must meet all of the following criteria to be eligible for the tax credit. Applicants must:
A.
(1) Be sixty-five (65) years of age or over at the close of the preceding calendar year, or have a spouse who is 65 years of age or over at the close of the preceding calendar year, or
(2) Be sixty (60) years of age or over and the surviving spouse of a taxpayer who was receiving benefits under this ordinance at the time of his or her death, or
(3) Be under age 65 and be receiving permanent total disability benefits under Social Security regulations;
B. Have been taxpayers of the town for a period of three (3) years prior to their application for tax relief;
C. Be owners of real property in the Town of Washington or liable for the payment of taxes pursuant to Section 12-48 of the Connecticut General Statutes. The tax benefit for real property as provided herein shall apply to only the residence itself, the building lot on which the residence is located, and improvements on said parcel of land;
D. Occupy the real property as their principal residence, which is defined as having used the residence for more than 183 days of each calendar year;
E. First apply for tax relief under any Connecticut General Statute for which they are eligible before the tax benefit created by this resolution or any portion thereof shall be given.
Applicants whose income levels are above the maximum allowable for state tax relief may qualify for tax credits under this ordinance if Total Income for the previous calendar year shall not exceed $36,900. "Total Income" shall be determined using the guidelines of the OPM "Application for Tax Credits for Elderly and Totally Disabled Homeowner", and shall apply to the combined income of married applicants.
APPLICATIONS
Applicants shall file an application with the Assessor between February 1 and May15 of each year, on a form provided by the Assessor, together with all information required to determine eligibility.
DETERMINATION OF TAX RELIEF
A. The Assessor shall review applications and information provided by applicants seeking tax credits under this article. The Assessor shall determine eligibility of applicants no later than June 1 of each year and notify Tax Collector of the amount of tax credit.
TOTAL TAX RELIEF ALLOWED
A. The total of all tax relief granted under the provision of this ordinance for any tax year shall not exceed $20,000.
B. Applicants who are determined eligible for tax credits under this ordinance shall receive a tax credit toward the payment of their real property tax on their legal domicile equal to $20,000 divided by the total number of eligible applicants.
C. Tax relief granted by the Town of Washington under the provision of this ordinance together with all tax benefits obtained from the State of Connecticut pursuant to state law, shall not result in a reduction of the applicant's total real estate tax by more than 75% of the total amount thereof.
D. 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, the tax relief provided herein will be pro-rated by the Assessor of the Town of Washington to reflect the fractional share of such taxpayer or spouse.
E. Only one tax relief as heretofore set forth shall be allowed for each parcel of land eligible for the tax relief under this article.
F. In the event the real property of a qualified applicant is sold, assigned, granted or conveyed during the fiscal year when a credit is applicable, regardless of whether such transfer, assignment, grant or conveyance was voluntary or involuntary, the amount of the tax credit shall be prorated by a fraction, the numerator of which shall be the number of full months from the first day of July to the date of conveyance and the denominator of which shall be 12. The grantee shall be required within a period not exceeding 10 days immediately following the date of such conveyance, to notify the Assessor or in the absence of such notice, upon determination by the Assessor that such conveyance has occurred, determine the prorated amount. The Tax Collector shall, within 10 days thereafter, mail or hand a bill to the grantee stating the additional amount of tax due. Such tax shall be due and payable and collectible as other property taxes and subject to the same liens and principles of collections, provided such tax shall be due and payable in an initial or single installment within 30 days after the date of the bill.
G. A notice will be filed with the land record of the qualified applicant noting the existence of the tax credit.
REPORT
The town's financial assistant shall annually prepare a report for the Board of Selectmen and Board of Finance providing an analysis of the cost of the Senior Tax Relief Program and the number of qualified participants in the program.
The invalidity of any work, clause, section or provision of this ordinance shall not affect the validity of any other part, which can be given effect without such invalid part or parts.
2. To establish an Ordinance regarding Possession of Alcohol by Minors
Comment from the First Selectman:
The Board of Selectment held public information sessions over the past few months to consider the following Ordinance. The Selectmen, Resident State Trooper, teachers, parents, youth group leaders and other citizens believe the ordinanance will raise the awareness of the dangers of underage alcohol abuse and establish a fine for adults who 'host' parties and allow alcohol to be consumed by or dispensed to underage persons.ORDINANCE (a) Purpose:POSSESSION OF ALCOHOL BY MINORS TOWN OF WASHINGTON, CONNECTICUT
The purpose of this ordinance is to address the issue that the unregulated possession of alcoholic liquor by persons under the age of twenty-one (21) years old is detrimental to the general welfare, health and safety of the residents of the Town of Washington, especially its youth.
(b) Definition:
"Alcoholic Liquor" shall have the same meaning as the term which is defined in Title 30, Section 30-1, of The Connecticut General Statutes, as amended. "Minor" shall have the same meaning, as the term which is defined in Title 30, Section 30-1 of The Connecticut General Statutes, as amended.
(c) Possession:
No minor shall be in possession of alcoholic liquors, whether in opened or in closed containers or otherwise, within the Town of Washington, except when accompanied by or in the presence of his or her parent or legal guardian or spouse who has attained the age of twenty-one (21) years old, except that this provision shall not apply to (1) a person over the age of 18, who is an employee or permit holder under section 30-90a and who possesses alcoholic liquor in the course of his employment or business, or (2) a minor who possesses alcoholic liquor on the order of a practicing physician. This restriction shall apply to both public and private property.
(d) Hosting Events:
No person while in the Town of Washington shall organize a gathering of two or more people, or to allow the premises under such person's control to be used with such person's knowledge for a gathering of two or more people for personal, business, or social interaction at which such person knowingly allows alcoholic liquor to be consumed by or dispensed to any minor, unless said minor is accompanied by or is in the presence of his or her parent or legal guardian or spouse who has attained the age of twenty-one (21) years old. This restriction shall apply to both public and private property.
(e) Penalty:
Any person violating section (c) or (d) of this ordinance shall be subject to a fine of $90.00 dollars for each offense.
The provisions of this ordinance shall become effective on the twenty-first (21) day following its adoption at town meeting and publication as required by law.
Effective date:
3. To discontinue a portion of West Mountain Road
Comment from the First Selectman:Motion: To consider and act upon the formal discontinuance for all public uses, except for and reserving to the Town and the public the passive recreational uses defined and permitted in CGS 13a-141(b), including construction and maintenance incidental thereto, of a section of West Mountain Road, between the western boundary line of parcel 2-2/8 and the western boundary line of parcel 2-2/7a as designated on the Town Assessor's Map. This is an extension from that portion of West Mountain Road that had been discontinued formally at the November 12, 2003 Town Meeting from its intersection with Nettleton Hollow Road to the western boundary of parcel 2-2/8 on the Town Assessor's Map.
The Road Discontinuance Committee recommended the following action to the Board of Selectmen. The BOS notified adjacent landowners and consulted with the Planning Commission. At its meeting on February 10, 2005 the BOS voted to place the following motion on the March 10, 2005 Special Town Meeting Agenda:A map of the proposed discontinuance is available in the Selectmen's Office.