Representative Town Meeting Special Meeting Materials (linked)

FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www waterfordct.org
AGENDA
REPRESENTATIVE TOWN MEETING, SPECIAL MEETING
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Monday, April 20, 2020
3:30pm — Waterford Town Hall, BOE Conference Room
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Pledge of Allegiance to the Flag 2 Fe
Roll Call
To consider and act upon the minutes of the April 6, 2020, Special Meeting.
Transaction of Business on the Call:
4. To consider and act on Governor Lamont ‘s Executive Order 7S, Section 6, to
implement a municipal Deferred Program which would defer payments by ninety
days for selected municipal tax and utility bills, which become due between
March 10, 2020 through July 1, 2020, for all eligible taxpayers pursuant to Office
of Personnel Management guidelines, or to provide this relief for all town
taxpayers;
2. To consider and act on Governor Lamont’s Executive Order 7S, Section 6, to
implement a municipal Rate Reduction Program to provide for a three percent
per annum interest rate (reduced from eighteen percent per annum), for ninety
days, on selected tax and utility bills due between March 10, 2020 through July 4,
2020.
3. To consider and act upon a motion to amend the budget schedule for the FY21
budget review and approval.
SOUP
E. Adjournment

PHONE: 860-442-0553
www. waterfordct.org
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
MINUTES
REPRESENTATIVE TOWN MEETING
ZOOM Conference — Waterford Town Hall
Special Meeting
April 6, 2020
The April 6, 2020, Moderator Thomas Dembek called the Special Meeting of the Representative Town
Meeting to order at 3:01 P.M.
ROLL CALL
PRESENT: Greg Attanasio, Michael Bono, Jennifer Bracciale, April Cairns, Thomas J. Dembek, Susan
Driscoll, Steven Elci (3:45 P.M.), Timothy Fioravanti, Miriam Furey-Wagner, Nick Gauthier, Paul
Goldstein, Kathleen Kohl, David Lersch, Valerie Metivier, Richard Morgan (4:25 P.M.), Richard Muckle,
Liam O'Leary, Theodore Olynciw, Sally Ritchie, Michael Rocchetti (3:45 P.M.), Danielle Steward-Gelinas,
Baird Welch-Collins.
ABSENT Timothy Condon, Robert Swansen.
EX-OFFICIO MEMBERS PRESENT: First Selectman Robert Brule.
EX-OFFICIO MEMBERS ABSENT: Selectwoman Jody Nazarchyk; Selectman Elizabeth Sabilia; Chair of the
Board of Education Craig Merriman; Chair of the Board of Finance Ronald R. Fedor.
ALSO PRESENT: Town Clerk David L. Campo; Town Attorney Robert Avena.
AGENDA ITEM C — February 3, 2020 Minutes
MOTION by Muckle, seconded by Driscoll, to accept the February 3, 2020, Regular Meeting Minutes with
the following correction made by Olynciw, and seconded by Gauthier: Town Attorney Robert Avena was
not available for the remainder of the meeting after CALL ITEM 7.
VOTING IN FAVOR: Unanimous.
AGENDA ITEM D - CORRESPONDENCE
None
AGENDA ITEM E - COMMITTEE REPORTS
Representative Driscoll noted that the item, “Review of Fire Services” under Public Protection & Safety
be removed. Moderator Dembek noted it and stated it would be removed on future reports.
AGENDA ITEM F - LIAISON REPORTS
Thomas. Dembek gave a brief update on the Municipal Complex progress.
AGENDA ITEM G — BUSINESS ON THE CALL
CALL ITEM 1 — First Selectman Update on the Status of the Town
PRESENTATION: First Selectman Robert Brule.
RTM SPECIAL MEETING 04/06/2020 . 1

First Selectman gave | a detailed status of the Town during the COVID 19 Health Crisis since March 10,
2020.
Lengthy discussion with questions and answers ensued. The full recording of the meeting can be heard
at Waterfordct.org : :
CALL ITEM 2 —Senior Citizens Appointments
MOTION by Driscoll, seconded by Welch-Collins, to appoint Dina Lopes to the Senior Citizens
Commission. (04/06/2020 — 04/03/2023)
MOTION by Dembek, seconded by Ritchie , to appoint Judy Crawford to the Senior Citizens Commission.
(04/06/2020 — 04/03/2023)
VOTING IN FAVOR BOTH: Unanimous.
CALL ITEM 3 - 13 Parkway Drive
PRESENTATION: Town Attorney Robert Avena.
MOTION by Driscoll, seconded by Attanasio, a recommendation from the Board of Finance, tabled from
the February Meeting, for an appropriation in the amount of $26,000 from Line Item #205-31520 -
Undesignated Fund Balance based upon its consistency with the Capital Improvement Plan, to purchase
real estate located at 13 Parkway Drive and on recommendation of Town Attorney Rob-Avena to
postpone until the June Meeting of the RTM.
VOTING IN FAVOR: Unanimous.
CALL ITEM 4 — Tennis Court Surface Repairs
PRESENTATION: Director of Recreation & Parks Brian Flaherty. :
MOTION by Muckle, seconded by Welch-Collins, to approve a recommendation from the Board of
Finance for the appropriation of funds from the Undesignated Fund Balance Line Item #205-31520 and
the Capital and Non-Recurring fund to Line Item #20537-57796 — Tennis Court Surface Repairs -
$9,000.
VOTING IN FAVOR: Attanasio, Bono, Bracciale, Cairns, Dembek, Driscoll, Elci, Fioravanti, Furey-Wagner,
Gauthier, Goldstein, Kohl, Metivier, O’Leary, Olynciw, Ritchie, Rocchetti, Steward-Gelinas, Welch-Collins.
VOTING AGAINST: Lersch, Muckle.
MOTION PASSED: 19-2
CALL {TEM 5 — Waterford Beach Pavilion Restroom
PRESENTATION: Director of Planning Abby Piersall.
MOTION by Welch-Collins, seconded by Ritchie, to approve a recommendation from the Board of
Finance for an appropriation of Line Item #20537-57782 — Replacement of Causeway Bathroom WBP -
$126,300 to Line Item #20537-57781 Waterford Beach Pavilion Restroom - $92,687. Making the new
total for Line Item # 20537-57781 Waterford Beach Pavilion Restroom - $218,987.
MOTION to move the question by Steward-Gelinas, seconded by Muckle.
VOTING IN FAVOR: Unanimous.
VOTING IN FAVOR OF MOTION: Unanimous
MOTION by Muckle, seconded by Bono, on recommendation of the First Selectman to designate the
above motion as an emergency appropriation and waive the fifteen-day waiting period in order to keep
people working during the COVID 19 crisis.
VOTING IN FAVOR: Unanimous.
CALL ITEM 6 — Ordinance Amendment, Chapter 8.04 — Refuse Collection and Disposal
MOTION by Wéelch-Collins, seconded by Bono, to approve a recommendation from the Public Works,
RTM SPECIAL MEETING 04/06/2020 2

Planning & Development Standing committee of the RTM to amend the Waterford Code of Ordinances,
Chapter 8.04 — Refuse Collection and Disposal to accommodate a facility change. (See Attachment)
VOTING IN FAVOR: Unanimous.
CALL ITEM 7 — Waterford Town Beach Fees
PRESENTATION: Director of Recreation and Parks Brian Flaherty.
MOTION by Weich-Coilins, seconded by Olynciw, to approve a recommendation from the Director of the
Parks and Recreation Department, Brian Flaherty, to approve an increase to the Waterford Town Beach
parking fees as presented at the February meeting and to review the fees at the February 1, 2021
meeting of the RTM.
MOTION by Driscoll, seconded by Welch Collins, to amend the motion to read as follow: To direct the ~ -
Parks and Recreation Department to maintain the 2019 beach fee schedule through the 2020 season
and utilize departmental savings and/or revenues to provide the necessary funds to cover the applicable
sales tax, and to establish a special Ad-Hoc committee to review, evaluate, and recommend a fee pricing
schedule at the October 2020 RTM meeting.
MOTION by Bono, seconded by Goldstein, to send the item to a standing committee rather than create
an Ad-Hoc Committee.
MOTION by Bono, seconded by Goldstein, to withdraw.
WITHDRAWN
MOTION by Driscoll, seconded by Welch-Collins to amend the amended motion by Driscoll to read as
follows: To direct the Parks and Recreation Department to maintain the 2019 beach fee schedule
through the 2020 season and utilize departmental savings and/or revenues to provide the necessary
funds to cover the applicable sales tax, and to refer the beach fees issue to the RTM's Public Health,
Recreation and Environment standing committee to review, evaluate, and recommend a fee pricing
schedule at the October 2020 RTM meeting.
MOTION to Muckle, seconded by Welch-Collins, to move the motion as amended.
VOTING IN FAVOR: Aitanasio, Bracciale, Dembek, Driscoll, Elci, Fioravanti, Furey-Wagner, Gauthier,
Goldstein, Kohl, Lersch, Metivier, Morgan, Muckle, O’Leary, Olynciw, Ritchie, Rocchetti, Steward-
Gelinas, Welch-Collins.
VOTING AGAINST: Bono, Cairns
MOTION PASSED: 20-2
VOTING IN FAVOR of the amended motion: Attanasio, Bono, Bracciale, Driscoll, Elci, Fioravanti, Furey-
Wagner, Gauthier, Goldstein, Kohl, Lersch, Metivier, Morgan, Muckle, O’Leary, Olynciw, Ritchie,
Rocchetti, Steward-Gelinas, Welch-Collins.
VOTING AGAINST: Cairns, Dembek.
MOTION PASSED: 20-2
A brief discussion led by Town Attorney Robert Avena to schedule a special meeting to discuss the
budget schedule as well as address Governor Lamont’s Executive Order 7S, Section 6. It was agreed to
meet again at a special meeting on April 20, 2020 at 3:30 P.M. 
:
MOTION by Cairns, seconded by Muckle, to adjourn at 5:36 P.M.
VOTING IN FAVOR: Unanimous.
Respectfully Submitted,
David L. Campo, CCTC
Town Clerk
RTM SPECIAL MEETING 04/06/2020 3

Title 8 - HEALTH AND SAFETY : co
OHA MIL: 2
Chapters: 2020 HAR 20 AMEE 32
Chapter 8.04 - REFUSE COLLECTION AND DISPOSAL
Sections:
8.04.010 - Declaration of policy.
The accumulation, collection, removal and disposal of refuse must be controlled by this municipality
for the protection of the pubic health, safely and welfare. It is consequently found and declared that:
A. This municipality is authorized by law to regulate the disposition of refuse generated within its
boundaries and to collect a charge therefor and to license refuse collectors; and
B, This municipality is authorized by Connecticut General Statutes Annotated Section 22a-220a to
designate the area where refuse generated within its boundaries shall be disposed; and
C, This muntelpality has executed a Municipal. Solid Waste Management Services Contract with
the Southeastern Connecticut Regional Resources Recovery Authority (SCRRRA), including an
Amendment No. & to such Municipal Solid Waste Management Services Contract (collectively
with such Amendment No. §, the MSA). The MSA defines the System (the SCRRRA System}
to include the solid waste disposal and resource recovery facllity located in Lisbon, Connecticut
and operated by Wheelabrator Lisbon Ino. or its successors or assigns (the SCRRRA Facility)
pursuant fo a Solid Waste Disposal Agreement between SCRRRA and Wheelabrator Lisbon
Inc. (the Wheelabrator Agreement), and designates the SCRRRA Facility as the “Facility” within
the SCRRRA System. Pursuant to the MSA, this municipality has agreed to deliver or cause to
be delivered all Solid Waste (as defined In the MSA) generated within the corporate boundaries
of this municipality to the SCRRRA System as directed by SCRRRA for ultimate delivery to the
SCRRRA Facility for disposal, subjact to and In accordance with the Wheelabrator Agreement.
D. This municipality seeks to encourage the recycling of refuse and other methods to reduce the
volume of municipal'solid waste generated within Its boundaries; and
E, The enactment of this chapter Is in furtherance of this municipality's solid waste management
plan.
(R.T.M, 10-3-88: prior code § 8-1)
8.04.020 - Definitions.
For the purposes of this chapter the words set out in this section shall have the following meanings:
»Bulky wastes" means construction debris, street sweepings and oversized bulky items including, but
not lirnited to, discarded appliances, farge parts of automobiles, and oversized tree stumps, logs and
branches, "Oversized municipal solld waste” means oversizad bulky items including, but not limited to,
discarded appliances, large parts of automobiles and furniture.
“Commercial food refuse” means and includes waste from the preparation, cooking and consumption
of food, condemned food products and ail refuse from the handling, storage, preparation and sale of
produce originating primarily in commercial kitchens, stores, restaurants, food markets and factories.
“Director means the director of public works of this municipality.
“Hazardous wastes" means solld and liquid wastes in the following classifications:
4. Explosives;
2, Pathogenic or pathological wastes;

Radioactive wastes;
. Cleaning fluids, acids, poisons, médicines or other chemical wastes which either create an
immediate safety hazard to persons disposing of the waste or which by virtue of their chemistry
and/or the method of disposal present a threat to the quality of ground or surface waters;
6, Hospital operating room wastes.
"Municipality" means the town of Waterford.
“Night soil” means any liquid or solid matter which accumulates in any privy, cesspool, septic tank or
other sewage disposal system,
"Recyclable materials” means materials which have been so designated by the director, as approved
by the board of selectmen; provided, however, the director shall, at a minimum, designate those materials
as recyclable that are designated as recyclable under the regulations of the Connecticut Department of
Environmental Protection.
"Refuse" means unwanted and discarded solld materials, but does not include:
1. Liquid wastes including, but not limited to, semisolid, liquid materials collected in a municipal
sewage system or a septic system;
Bulky wastes;
Hazardous wastes; or
Any other material which may not be lawfully disposed of in a sanitary landfill or a resources
recovery facility.
"Refuse collectors" include any person, firm or corporation engaged tn the business of collecting and
transporting refuse, including recyclable materials, for hire within this municipality.
"Solid waste” means refuse which Is not recyclable materials.
(R.T.M. 2-7-00 (part); R.T.M. 10-3-88: prior code § 8-2)
8.04.030 - Regulations.
The board of selectmen is authorized to enact from tire to time such regulations as it shall deem in
the public Interest and as allowed by the Connecticut General Statutes Annotated regarding the
separation, recovery, collection, removal, storage, preparation and disposition of refuse, bulky waste,
hazardous waste and recyclable materials, Including but not limited to any applicable fees and fines. Such
regulation shall become effective immediately upon passage, shall be published immediately after
passage in a focal dally newspaper, and shail be immediately posted in a conspicuous place In the town
hall and at disposal sites designated as such by the director that are within the municipality.
(R.T.M. 10-3-88: prior cade § 8-3)
8.04.040 - Licenses for refuse collections,
A. License Required, No person may collect or dispose of refuse in this municipality without a license,
except that the actual producers of refuse or the owners of premises in this municipality upon which
refuse has accumulated may personally collect and dispose of such refuse at such places as the
director may designate.
B. Licensing Authority Designated. The director shall be the licensing authority for refuse collectors.
The director shall grant a license within a reasonable time following the filing of proper application
and payment of the prescribed fee unless he finds one or more of the following conditions to prevail:

4. The applicant has been Irresponsible in conduct of refuse collection and hauling operations
based upon previous suspensions and/or revocations of licenses or based upon violation of any
regulations enacted by the board of selectmen;
2. The applicant lacks sultable equipment with which to collect refuse in a safe and nuisance-free
manner and in compliance with this chapter;
3. The applicant lacks adequate liability insurance.
C, Revocation or Suspension of License. A license to engage in refuse collection and to use the waste
disposal or processing facilities provided by this municipality is a privilege, not a right, In the event
the holder of a license Issued under the provisions of this chapter falis to comply with the provisions
of such license the director shall have authority to revoke or suspend such license in addition to any
other penalty (impossible) Imposed by law.
D. Director Responsible. The director shail administer the licensing of any refuse collector engaged In
the collecting and transporting of refuse in this municipality. The director shall also regulate the
refuse collectors’ responsibililles and obligations in the collection and disposal of refuse or bulky
waste. The director shall regulate refuse collectors in accordance with Section 22a-220a of the
Connecticut General Statutes Annotated.
E, All solid waste generated in this municipality shall be delivered or caused to he delivered to the
SCRRRA System for so long as the MSA remains In effect, as directed by SCRRRA and for ultimate
delivery to the SCRRRA Facility to the extent any such solid waste Is not acceptable for disposal at
the SCRRRA Facllity, such unacceptable solid waste shall be delivered or caused to be delivered to
such other facility designated by SCRRRA. After the MSA is no longer in effect, the board of
selectmen shall designate the facility for the delivery of solld waste generated in this municipality.
All regulations of the board of selectmen and any direction or designation by the board of
selectmen about the disposal of solid waste generated in this municipality shall be consistent with
this paragraph € of Section 8,04.040.
(R.T.M. 2-7-00 (part); R,T.M. 10-3-88: prior code § 8-4)
8.04.050 - Refuse containers.
The owner of each premises upon which refuse is created or generated shall provide a suitable
place upon such premises for sufficient receptacles for recelving and holding such refuse during the
intervals between collections. The board of selectmen, in the regulations adopted pursuant to Section
8.04.030 of this chapter, shall determine whether such receptacles are to be provided by the owner or by
the municipality and shall determine the standards to which such receptacles shall conform.
(R.T.M. 2-7-00 (part); R.T.M. 10-3-88: prior code § 8-5)
8.04.060 - Storing and disposing of refuse.
A. Public Places. No person shail place any refuse in any street, alley or other public place or upon any
private property, whether owned by such person or not, within this municipality except in proper
containers or otherwise properly prepared for collection or under express approval granted by the
director. No person shail throw or deposit any refuse in any stream or other body of water.
B. Accumulation of Refuse. Any uncentainerized accumulation of refuse on any premises is declared to
be a nulsance and Is prohibited, Failure to remove any accumulation of refuse within ten days after
written notice from the director by registered mall shall be deemed a violation of this chapter.

C. Seaittering of Refuse. No person shall cast, place, sweep or doposit anywhere within this
municlpality any refuse in such a manner that it may be carrted or deposited by the elements upon or
In any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises.
D. fitegal Dumping. No person shail dispose of solid waste In a receptacle rented or owned by another
person. No person shall contaminate a receptacle designated for recycling by disposing of solid
waste in such receptacie.
(R.TM, 10-3-88: prior code § 8-6)
8.04.070 - Hazardous wastes,
Itts untawful for any person, firm or corporation to place hazardous wastes or similarly dangerous
substances into any refuse container, or to transport any such substance fo any place designated for the
disposal or delivery of refuse or bulky waste, :
(R.T.M. 10-3-88: prior code § 8-7)
8.04.080 - Bulky wastes.
Bulky waste may not be collected or mixed with refuse and shall be delivered or disposed of at such
place and time as the director may from time to time designate and any applicable charge shail be paid
by the person delivering the waste.
(R.T.M. 10-3-88: prior code § 8-8)
8.04.090 - Source separation and recycling.
A. Separation of Materials for Collection. Recyclable materials shall be separated from solid waste and
prepared for collection, Refuse and recyclable material shall be placed at the curb or other
designated collection place for collection on the days designated by the director in accordance with
the regulation established by the board of selectmen. In no event will the collection of recyclable
materials which are bottles, cans, glass or paper be less than twice a month. The director shalt
determine and provide public notice of the schedule for collecting ail other recyclable materials.
B. Separatton at Nonresidential Premises and Multifamily and Elderly Housing Developments. The
owners or operators of multifamily and elderly housing developments, and commercial, industrial or
other nonrasidential premises where refuse is created or generated shall provide sufficient areas and
receptacies on the premises for convenient separation and storage of refuse and recyclable
materials. Recycling receptacles must be clearly labeled as being for recyclables only and must be a
type and color as specified In regulations.
(R.T.M. 2-7-00 (part): R.T.M, 10-3-88: prior code § 8-9)
8.04,100 - Sewage disposal facility and well permits.
A. No pergon shall construct, reconstruct, alter or enlarge any sewage disposal facility within the town
without the prior issuance of a permit by the director of health or his agent.
B. No person shall construct a well within the town without the prior issuance of a permit by the director
of health or his agent. -
C. Reasonable fees’ for such permits and certificates shall be defined and revised by the board of
selectmen, .

D. Anyone who violates this section shall be subject to penalties and fines in amounts as allowed in
Section 192-206 of the General Statutes of Connecticut.
(R.TM, 10-3-94)
8.04.110 - Collection on unaccepted streets.
The board of selactmen shall have the power to take such measures as it shall deem effectual for
the removal of refuse and recyclables from, multifamily and elderly housing developments. The board of
sefecimen shall provide that such housing developments be served by municipal collection, upon such
conditions as it may require. As a precondition to racetving municipal collection, Improvements shall be
made to refuse or recyclable areas or receptacles for the storage or collection of solid waste by the
owner(s) of the development, to the extent required to conform to the town’s collection méthods. The
design of the collection system shall be approved by the director of public works and shall conform to
zoning regulations and permits, and shail be Installed by the owner(s) prior to the initiation of municipal
collection.
(R.T.M. 2-7-00 (part): R.T.M. 12-5-94 (part): R.T.M. 10-3-88: prior code § 8-1 1)
8.04.120 - Violation—Penalty.
Any violation of the terms of this chapter shall be deemed an infraction and shail be punishable by a
fine of not more than ninety dollars for each offense. The board of selectmen shall establish a schedule of
fines for such Infractions. Each infraction shall be a separate and distinct offense and, in case of a
continuing Infraction, each day's continuance thereof shall be deemed a separate and distinct offense. In
additton, the town or its agent, reserves the right to refuse to collect garbage, subbish or other refuse, or
to allow disposal in a tandfill utilized by the town where the spirit or letter of this chapter or the regulations
enacted under these provisions are ignored. The board of selectmen shall nave full discretionary authority
in deciding all disputed questions arising under the provisions of this chapter or the regulations enacted
under these provisions,
(R.T.M, 10-3-88: prior code § 8-12)

FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
wow. waterfordcLorg,
April 20, 2020
Waterford Tax Collector :
Recommendation to the Waterford Representative Town Meeting
Regarding Governor Lamont’s Executive Order 7S
The Governor has provided two options for municipal tax relief for taxpayers and each municipality must
choose their preferred method prior to April 25, 2020. This memo will give overviews of each program
and my recommendation for which method | believe the RTM should select. Both of these programs are
established for taxes that become due on July 1, 2020,
Deferment Program:
-Would extend the grace period for tax payments from the usual August 3, 2020 (August 1 falls on a
Saturday) deadline to October 1, 2020.
-Provides that taxpayers attest to or document significant economic impact due to the Covid 19
emergency.
-Provides that the municipality may extend a waiver to all taxpayers.
Low Interest Rate Program:
-Provides that the interest rate on delinquent taxes shall be 3%, instead of the current 18% rate.
-The lowered tax rate shall be in effect only through the 90 day extension date of October 1, 2020.
-The grace period end-date would yemain as August 3, 2020.
-Any taxes that remain delinquent after October 1, 2020, would be subject to the original interest rate of
18% dating back to the original due date of July 1, 2020.
It is my recommendation that the Town of Waterford select the Deferment Program option and extend
said deferment to all taxpayers in Waterford. This gives the greatest benefit to the taxpayers of
Waterford while creating the least chaos within the system or within the office of the Tax Collector.
While separate choices can be made for different forms of taxes, it would also be my suggestion that the
same choice be made for sewer payments.

PHONE: 860-442-0553
wunwawaterfordct Org
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
Neither of these program choices would apply to tax payments that are held by escrow companies. All
payments through that method woild still be payable in the month of July.
The tax office collected $60.3 million in July 2019. Approximately $10 million (16%) came by payment
through escrow companies. Interest collected during the months of August and September 2019
equaled $39,611.26. The equivalent of that interest amount calculated at the 3% rate would equal
$6,601.89.
Alan Wilensky, CCMC
Waterford Tax Collector
fo

Governor Lamont's Executive Order (EO) 7S (6) Regarding Unescrowed Tax and Sewer Payments
At a Glance Comparison
EO Section Title: Suspension and Modification of Tax Deadlines and Collection Efforts
fe ment Program
: __ Low Interest Rate Program _ oe
Purpose
“to offer support to eligible taxpayers, businesses,
nonprofits and residents who have been economically
affected by the COVID-19 pandemic"
(Same purpose as Deferment Program)
How it relates to
Waterford:
Mandated to select
at least one Program
"there shall be established 2 programs .... each municipality,
by determination of its legislative body, ... shall participate
in one or both Programs and shall notify OPM no later than
April 25, 2020 about which Program it’s electing to
participate in" (emphasis added)
(Same mandate as Deferment Program)
Town must select at least one of the programs, can opt
for both
Time Period "March 10, 2020.... through and including July 1, 2020" Two different time periods, one for bills coming
Covered by due between March 10 and July 1, 2020 and aseparate
Program period for previously delinquent bills
Nature of the Ninety (90) day deferment "of any tax on real property, Two separate provisions based on when the bill came
Relief Provided
personal property or motor vehicles ....orsawer....
charges” .... "from the time it became due and payable”
(between March 10 and through July 1, 2020)
Note: The Deferment Program does not address or provide
any relief to taxes or sewer charges delinquent prior to
March 10 (i.e.. No deferment of previously delinguent
obligations.)
due:
1). Delinquent portions of any tax on real property,
personal property or sewer charges coming due
between March 10 and July 1, 2020 "shall be subject to
interest at the rate of three (3) percent per annum
from the time when it became due and payable" (or
0.25% per month)
2). “any portion of the principal of any tax" (real,
personal or motor vehicle), “or sewer....charge....
that had been delinquent on or prior to March 10, shall
be subject to interest at the rate’ of three (3) percent
per annum for ninety days from this order" (that was
dated April 1, 2020)
4/13/2020
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OFFICE OF POLICY AND MANAGEMENT GUIDANCE
Executive Order No. 78
Explanation of Purpose and Intent
Section 6, Executive Order 7S
Suspension and Modification of Tax Deadlines and Collection Efforts
Property-taxation is a state function granted within certain parameters to local
municipalities. Due to COVID-19 the state deems it necessary to make some changes to
the normal deadlines and procedures. There will be two programs designed to offer
support-t6 eligible taxpayers who have been affected by COVID-19. The state has
established the “Deferment Program” and the “Low Interest Rate Program.”
The EO defines “municipality” as indicated in 7-148. This means only towns, cities and
boroughs, and does not include special taxing districts and special services districts.
Unless and until the EO is amended these programs and procedures apply only to
“municipalities” as defined above, and NOT to special taxing districts.
The legislative body of each municipality must determine if they will offer one plan, or
both plans, Municipalities can offer either plan or both but must offer at least one. In
municipalities where the legislative body is the town meeting, the board of selectmen
decides which program to offet. Towns must notify OPM by April 25 of their choice.
Section a: “Deferment Program”
Think of this program as an extended grace period program, What is “deferred” is nota
tax but rather the last day to pay without interest, The deadline is deferred, not the tax.
Eligible taxpayers (“eligible” will be defined later) are entitled to defer their payment
deadline until 90 days from the tax due date, instead of the usual 30 days.
This will have different applications depending on when taxes or other charges
(municipal sewer, utility, etc.) are ‘due’ in a given municipality. Any tax that comes due
between March 10, 2020 and July 1, 2020, inclusive, can be covered by this plan.
For semiannual and annual towns: the next installment comes due on July 1, 2020. This
plan covers installments that come due up through and including July 1, 2020. For the
July 1, 2020 installment, instead of the last day to pay being August 3, 2020 (August 1 falls
on a Saturday), the last day to pay will instead be October 1, 2020 (90 days from July 1)
because the last day to pay is being deferred, or the grace period is being extended.

The plan covers any real estate, motor vehicle or personal property tax, and any
municipal water, sewer or electric rate, charge or assessment.
For towns that have taxes or other charges coming due between March 10 and July 1
(quarterly billing towns, and towns that bill other charges between March and July):
those bills are covered by this plan. For example, if an installment or bill became due and
payable on April 1, 2020, instead of the last day to pay being May 1, 2020, the grace period
would be extended for 90 days instead of 30, and the last day to pay would instead be
July 1, 2020.
“Fligible” taxpayers, businesses, nonprofits, and residents (that covers everybody) are
those that “attest to or document significant economic impact by COVID-19, and / or
those that document they are providing relief to those significantly affected by COVID-
- 19.” There is separate guidance about eligibility for this program and is detailed on the
application forms provided by OPM.
Municipalities may extend eligibility to other categories of taxpayers, businesses,
nonprofits and residents, upon approval of the legislative body or by the Board of
Selectmen in towns where the town meeting is the legislative body. This means the town
is free to ‘open up’ the extended grace period to others not specifically mentioned in the
EO, For example, a municipality could decide to offer the extended grace period to ALL
taxpayers, period, without distinction. This is a decision up to the towns. If a
municipality decides to “open up” the eligibility, the need for applications may be moot.
This program does not address taxes that are already past due. ‘It is not an amnesty or
waiver of interest or other charges on taxes that are already delinquent.
Section b: “Low Interest Rate Program”
This is another option for towns to consider. It can be offered in conjunction with the
deferment program, or instead of it. This program does not say a taxpayer can have an
extended grace period with no interest at all. Rather, it addresses the rate of interest that
is to be charged on a delinquent or past due bill. Interest is normally charged at the rate
of 1.5% per month, 18% per year from the due date of the tax, with a portion of a month
being considered a full month. However, this program will allow for a lower rate of
interest: .25% per month, or 3% per year, from the due date of the tax, for a period of
up to 90 days only.
This program provides a ‘window’ of 90 days from the due date where taxpayers would
be able to pay at a reduced interest rate. They would not have an extended grace period,
but they would be paying significantly less interest if they pay late.
2

Any tax, or municipal water, sewer, or electricity charge that comes due at any time
between March 10, 2020 and July 1, 2020, inclusive, can be covered by this plan (section
For semiannual and annual towns: the next installment comes due on July 1, 2020, This
plan covers installments that come due up through and including July 1, 2020. For the
July 1, 2020 installment, the last day to pay will (still) be August 3, 2020 (August 1 isa
Saturday) but if the taxpayer pays on August 4 or later, they will not be paying 1.5% per
month interest, but rather only .25% per month interest. On August 4, 2020 the interest
charged would not be 3%, but rather .25 x 2 months or 5% This plan would remain in
force only for 90 days from the due date of July 1; it would end on October 2, 2020.
The plan covers any real estate, motor vehicle or personal property tax, and any
municipal water, sewer or electric rate, charge or assessment.
For towns that have taxes or other charges coming due between March 10 and July 1
(quarterly billing towns, and towns that bill other charges between March and July):
those bills are covered by this plan. For example, if an installment or bill became due and
payable on April 1, 2020, the last day to pay will (still) be May 1, 2020, but if the taxpayer
pays on May 2 or later, they will not be paying 1.5% per month interest but rather only
.25 % per month interest. On May 2, the interest charged would not be 3% but rather .25
x 2months, or .5%. This plan would remain in force only for 90 days from the due date
of the tax or charge. Once the 90 days was up, the plan would no longer be in effect.
This program does not require taxpayers to qualify based upon eligibility criteria as
with the deferment program. However, please refer to eligibility of landlords in Section
c, below.
The EO provides that if there is a case where any tax, charge etc. is already subject to an
interest rate that is less than 3% per year, then that lower rate will apply instead.
The EO also addresses past due charges that were already delinquent on March 10,
2020 (section ii), If a bill was already delinquent on or before March 10, 2020, it shall
be subject to .25% per month, 3% per year interest for a period of 90 days from the EO
(until July 1, 2020) only. For the time period from April 1, 2020 (the date of the EO) to
July 1, 2020, the delinquent taxpayer pays .25% per month or portion thereof instead of
” the normal 1.5% per month ~ but ONLY on those last three months, and only if they are
making a payment.
On July 2, 2020, unless this EO is extended or other directives are subsequently given, the
‘window’ closes, and interest once again goes back to the statutory rate of 1.5% per month
from due date. (“Following the 90 days, the portion that remains delinquent shall be
subject to interest and penalties as previously established.”)
3

If a taxpayer has made a partial payment between April 1 and July 1, 2020, but has not
paid in full, interest goes back to the former rate. Ifa taxpayer has not made any payment
at all during that time, they lose the benefit of the ‘window’ and all of theit interest is
calculated at the rate of 1.5% per month from the due date, as if the opportunity for the
reduced rate had not ever existed. (“Following the 90 days, the portion that remains
delinquent shall be subject to interest and penalties as previously established”)
Section c: Eligibility of Landlords
The EO states that in order to be eligible for the extended grace period/ deferral program,
a “landlord,” or any taxpayer that rents or leases to tenants or lessees, must provide
documentation to the municipality that the property being taxed has, or will, suffer a
significant income decline, or that commensurate forbearance was offered to the tenants
of lessees,
The EO states that in order to be eligible for the lower/reduced interest rate program, the
landlord must offer ‘commensurate forbearance’ to tenants or lessees upon their request.
The application forms provided by OPM have more detail about this section and contains
specific sections to be completed by landlords.
Section d: Escrow Payments
This section of the EO states that an individual taxpayer's eligibility for either program is
irrelevant if the taxes on the property are paid on their behalf by an escrow agent,
financial institution, mortgage service agent or bank, The escrow agents are still expected
to remit tax payments on behalf of their customers according to the regular timetable - in
other words, by August 3 for semiannual and annual towns. The EO states this is the
case ‘so long as the borrower remains current on their mortgage or is in a forbearance or
deferment program.’ The EO does not address what the expectation is if the borrower is
NOT current or is NOT in such a program.
Section e: Liens Remain Valid
Nothing in the EO affects ANY PROVISION of the Connecticut General Statutes relating
to the continuing, recording and releasing of property tax liens. Tax collectors still rely
on the existence of the inchoate lien as of the date of assessment. Intent to lien notices are
to be sent. Lien continuing certificates are still to be filed in the land records on the
regular timetable. Liens are still to be released according to the regular timetable.
4

Finally, “...the precedence and enforcement of taxes, rates, charges and assessments shall
remain applicable to any deferred tax, rate, charge or assessment or installment or portion
thereof,” Take this to mean ‘deferred’ as defined in section a, Even if a tax is deferred
according to the program (extended grace period granted) the priority/ precedence of
that property tax remains in effect, is not lessened or reduced by virtue of participation
in the extended grace period program, and will be subject to normal collection
enforcement procedures once the ‘deferment’ (extended grace period) has concluded.
Section 11, Executive Order 7S
Suspension of Non-Judicial Tax Sales
Section 11 postpones all pending tax sales and redemption deadlines. Effective on April
1, 2020, any upcoming tax sales are automatically postponed for the duration of the
emergency and can be rescheduled by thé tax collector no sooner than thirty (30) days
after the Governor declares the emergency has ended. Tax sale notices which went out
before the EO remain valid. Adjournment notices can go out by first-class mail in the
meantime, but the return-receipt notices and newspaper advertising required by General
Statutes 12-157(a) should not be resumed until the new auction date is known, and their
timing will be calculated from the new date.
Section 11 also extends any six-month redemption deadline pending at the time the EO
was signed, which was 9:00 p.m. on April 1, 2020. The length of the extension is equal to
the number of days that the emergency is in effect, which will be March 10, 2020 through
until whatever date the Governor declares it has ended. The interest rate the purchaser
earns during the extended portion of the redemption period is 0.25% per month but
remains at 1.5% per month for the regular part of the redemption period, The EO does
not reinstate any redemption period which had already expired. This means any tax sale
conducted before October 2, 2019 is not affected by EO unless its redemption period was
extended by a bankruptcy filing or other law. Deeds and affidavits can still be recorded
for tax sales whose redemption deadlines expired before then.

OFFICE OF POLICY AND MANAGEMENT GUIDANCE
ON TAX PROGRAMS PURSUANT TO SECTIONS 6 AND 11 of
EXECUTIVE ORDER 78
What kinds of municipalities do the tax programs apply to?
Section 6 applies to all towns, cities, boroughs in Connecticut including their water
pollution control authorities. These municipalities must adopt either or both
programs created in the Order.
Note that a future EO may expand these programs to apply to ali municipalities
and quasi-municipal corporations, whether created by statute, ordinance, charter,
legislative or special act, including but not limited to any town, city or borough,
whether consolidated or unconsolidated, any village, school, sewer, fire, lighting,
special services or special taxing districts, beach or improvement association, any
regional water or resource recovery authority or any other political subdivision of
the state or of any municipality having the power to make appropriations or to
levy assessments or taxes. OPM is receiving input on this expansion and will
update this guidance if the program is expanded to apply to quasi-municipal
corporations,
What kinds of taxes and charges does Section 6 apply to?
Section 6 applies to unescrowed taxes on real estate, motor vehicles, and personal
property as well as unescrowed municipal water, sewer, and electric charges.
Section 6 does not apply to trash and sanitation charges, landlord rental fees, fines,
and other kinds of municipal assessments, penalties, and charges regardless of
when they come due. It also does not apply to water, sewer, and electrical charges
by private providers. All of these taxes and charges must therefore be paid
normally.
What is the difference between the two Programs in Section 6?
_ Section 6 creates two Programs for relief from certain taxes and charges, Two
programs are offered to provide municipalities flexibility, but also to ensure that
all taxpayers have some type of tax relief available during the COVID-19
pandemic.
The Deferment Program effectively delays certain pay by dates (the last day to
pay) by ninety (90) days for eligible taxpayers who apply and are approved as
meeting the guidelines set forth by the Office of Policy and Management. All other
6

taxpayers who do not apply or who are not approved would remain responsible
to pay their taxes and charges normally, unless a municipality votes to extend
eligibility to such taxpayers. The EO makes clear that a municipality may extend
eligibility to other categories of taxpayers, businesses, nonprofits and residents.
Therefore it is up to each town whether to use the “Application for Municipal Tax
Relief” available on OPM’s website, or choose to create a different form reflecting
eligibility standards approved by its local legislative body, except that landlords
participating in the deferral program must provide documentation to the
municipality that the relevant parcel has or will suffer a significant income decline
or that commensurate forbearance was offered to their tenants or lessees in either
case.
The Low Interest Program would reduce the interest rate for a three-month
window to three (8) per cent for all taxpayers owing taxes and charges
automatically.
Every town, city, and borough must adopt either Program, or both Programs and
notify the Office of Policy and Management by filling out the OPM Certification Form, no
later than April 25, 2020.
What are the requirements for landlords?
Landlords are not eligible for either Program for relief from taxes and charges on
their rental or leased properties unless they pass on “commensurate forbearance”
to their tenants or lessees.
Commensurate forbearance, for purposes of both programs, means either a) a
deferral of 25% of rent (approximating the property tax portion of rent) for the
ninety (90) days from the due date; b) a deferral of one month's rent to be paid
over the 90 day period; or c) forbearance substantially similar to (a) or (b) as
determined by the tax collector.
For the Deferment Program, the landlord must provide documentation that the
property will suffer a significant revenue decline related to the COVID-19
emergency, or that commensurate forbearance was offered to tenants or lessees.
Landlords are subject to auditing and may be asked by their municipality to
provide their tenants’ names and contact information, or other information
identified by the municipality to confirm eligibility.
For the Low Interest Program, there is no documentation requirement for ease of
administration, but landlords are subject to auditing and should not take
advantage of this program unless they pass along to the tenants commensurate
forbearance, when requested.

5.
When does the taxpayer have to submit their application?
Deferment Program applications and any required documentation or related
information must be submitted to the municipality no later than July 1, 2020 in any
manner the municipality specifies, which may be in person, by mail and/or
electronically. Each municipality shall utilize the guidance provided by the Office
of Policy and Management for determining eligibility.
How is interest calculated under the Programs?
If a municipality adopts the Deferment Program, the interest will be zero for any
tax or charge owed by an approved taxpayer which would otherwise come due
between March 10 and July 1, 2020, inclusive so long as it is paid within ninety (90)
days of the original due date, The practical effect of this Program is simply to
extend the usual interest-free grace period to ninety (90) days. It would be as
though the phrases “the first day of the month next succeeding the month in
which” and “the same date of the month next succeeding the month
corresponding to that of the month on which” in General Statutes 12-146 were both
replaced with “the ninetieth day after.” For water and sewer charges, it would be
as though the words “thirty days” in General Statutes 7-239(b), 7-254(a), and 7-
258(a) were replaced with “ninety days.”
If a municipality adopts the Low Interest Program, interest is reduced
automatically for everyone from 1.5% per month to a maximum of 0,25% per
month on taxes and charges which come due between March 10 and July 1, 2020,
inclusive. (If any tax or charge would otherwise accrue interest at a rate of less
than 3% per annum, the lower rate continues to apply.) This Program also imposes
the same cap on any delinquent taxes and charges which came due before March
10, 2020 and remain unpaid, but only to the extent of the interest which accrues on
them between April 1, 2020 and July 1, 2020. Interest which had already accrued
on delinquencies before April 1, 2020 remains unaffected. For example, if a tax
which