Greenwich BET Orders Review of $700,000 Legal Bills
Other Committee · Meeting of September 22, 2026
Greenwich's Board of Estimates and Taxation orders a review of $700,000 in town-Board of Education legal bills and approves a $799,200 traffic signal upgrade. The chairman said legal costs are "mounting at a concerning rate" and that a trial might not occur until August 2027, prompting a joint Law and Audit Committee review of fees, projected costs and reputational risk. Member Ms.
Tarkington supported a $799,200 Railroad Avenue and Greenwich Avenue signal appropriation but flagged that "we know cameras are already controversial," referring to new 360-degree video detection; the item passed 12-0-0 after a 4-0 Budget Committee vote. Controller Ms. Lynch reported a projected $3 million fiscal 2026 surplus, $4 million each in favorable conveyance-tax and building-permit revenue, and a December 31 deadline to spend $3.3 million in remaining ARPA funds.
The board also heard that Riverside School's $43 million capital-plan estimate likely understates true cost against Old Greenwich School's $56 million renovation baseline.
In the full story:
- Who Was There
- Organizations And Documents Referenced
- The complete report — 3,060 words
Source: the Other Committee meeting of September 22, 2026, reported from the official video recording and transcript.
The Full Article
Opening and Remembrance
Before taking up business, the chairman paused the meeting to honor Dick Kriske, who died recently after decades of town service: 10 years on the Board of Estimates and Taxation, including a term as its chair, six years on the Board of Education, service on the library board and the Representative Town Meeting, and 16 years as chairman of the Board of Assessment Appeals. Tax Assessor Ms. Elliott, who worked with Kriske during her time as an assessor, added her own tribute before the board observed a moment of silence.
Assessor's Report
The board's first substantive item was the monthly report from the Assessor's Office. The question before members was simple: accept the report as presented. Ms. Elliott told the board the Board of Assessment Appeals met September 10 to hear motor vehicle appeals only, and received none, meaning there is no change to the 2025 grand list from that session. Separately, commercial property owners who lease space are required to file income and expense forms by June 1; those who file late or not at all face a 10 percent penalty. This year's penalty collections totaled $439,555, up from $351,725 the year before. On the litigation side, the office has fielded 102 appeals against the current grand list, with five withdrawals, one residential and four commercial.
Asked by a board member to characterize how the grand list has moved roughly a year after the town's last property revaluation, Elliott said building activity has slowed somewhat but housing supply remains tight and both residential and commercial values continue to appreciate. She said assessments, originally set at 92 percent to 95 percent of value at the time of the revaluation, have since drifted to roughly 90 percent to 98 percent of value as the market has moved, with very few properties selling below their assessed value. Ms. Tarkington moved to accept the report, Mr. Olchek seconded, and it passed by voice vote.
Routine Applications and the PW1 Carve-Out
The Budget Committee had forwarded a list of appropriations flagged as routine, a designation that under board rules limits debate. Ms. Tarkington asked that Public Works item PW1, an appropriation for the Railroad Avenue and Greenwich Avenue traffic signal project, be removed from that list and treated as non-routine; under board rules a single member's request is sufficient to force that reclassification, so no vote was needed to pull it.
The remaining routine items were read into the record by the board's clerk: SD1 for $120,000, an additional appropriation in a matter involving the town; SD2 for $151,762 in a matter involving Southport contracting; RV1 for $34,487.42 to use an early-voting grant; and two police department items, one near $34,000 for a DUI enforcement grant and PD2 for $88,708.06 to use 911 telecommunications funds. Mr. Fenton moved the list, Mr. Kelly seconded, and it passed 12-0-0.
The Railroad Avenue Traffic Signal Appropriation
The question before the board on PW1 was whether to approve $799,200 in additional appropriation for the Railroad Avenue and Greenwich Avenue traffic signal improvement project, funded substantially through a state grant that Public Works had waited to secure in full before proceeding. Mr. Fenton moved the item, with Ms. Tarkington seconding so she could speak to it.
Ms. Tarkington said she had met that morning with Public Works Commissioner Jim Michael and Deputy Commissioner Gabriela Sacosta-Cohie and intended to vote in favor, crediting the department for holding off on the project until the full grant was in hand and confirming there would be no additional curb bump-outs at the corner. But she raised several points for the board's consideration: the new intersection will include 360-degree video detection cameras, which she said are "already controversial"; the area has complex traffic and pedestrian patterns given new bump-outs, flashing signals near the train station, and a proposed restaurant and retail space requiring valet parking; and the signal timing will shift to concurrent pedestrian phasing similar to Arch Street, which moves traffic faster but has uncertain safety implications for pedestrians. She also argued the $141,547 paving cost embedded in the request could instead be drawn from existing Department of Public Works accounts already funded for Greenwich Avenue repaving and ADA improvements in fiscal years 2025 through 2027, avoiding use of the capital non-recurring account she said should be reserved for emergencies.
Asked directly whether she intended to move to alter the $799,200 figure, Tarkington said she had not planned to but that the board might want to consider it; she characterized her remarks as comments for the board's benefit rather than a formal amendment.
Other members pressed the Budget Committee on why it had classified the item as routine in the first place. Mr. Olchek, a Budget Committee member, said the project had been delayed intentionally so it would draw primarily on grant proceeds, with Arch Street work having taken priority for available money in the interim. He and Ms. Erickson both said it was cleaner to fund the project from a single capital appropriation rather than pulling money from other already-appropriated capital accounts, which Ms. Lynch's office would otherwise have to reallocate. Ms. Erickson said the Budget Committee had voted 4-0 to advance the item and had separately flagged the Bruce Park Avenue and Mason Street intersection, where two large developments are under construction, for continued monitoring. Mr. Fisher said he drives through a comparably upgraded intersection frequently and has seen the technology perform well, calling the pedestrian-safety improvement a factor in his support.
"And we know cameras are already controversial." [00:09:27] — Ms. Tarkington, BET member
With debate closed, the board approved PW1 on a voice vote, 12-0-0, rather than a roll call.
Controller's Report
Controller Ms. Lynch's report covered the period from July 31 through September 22. The town is closing fiscal 2026, preparing audit documentation and single audit reports for federal and state requirements, with auditors on-site the full month of October and into November. A large back-tax payment from a property sale, tied to unpaid taxes dating to the 2015 grand list, will add about $600,000 in tax revenue recorded in fiscal 2026. Combined with conveyance tax and building permit revenue each $4 million favorable to budget, the town expects to report a fiscal 2026 surplus of about $3 million.
Looking to fiscal 2027, Lynch said conveyance tax revenue through the first two months (ending August) stood at $2 million against a $6 million full-year budget, while interest income for the same period was $1.3 million, also against a $6 million budget. The town's American Rescue Plan Act cash balance was $4.3 million as of August 31; of that, $3.3 million must be spent by December 31, with the largest piece tied to the Cos Cob pump station sewer project. Roughly $1 million in accrued ARPA interest will be transferred to the general fund this year. Asked whether the town risked having to return unspent ARPA funds, Lynch said the sewer money is already encumbered under Department of Public Works control and is being tracked closely, and that the risk is limited to ensuring funds are spent out the door in time, not lost outright.
Lynch also flagged the finance department's Government Finance Officers Association certificate of excellence for financial reporting, which a board member asked to formally acknowledge, and introduced new staff member Vicki Liu, the department's manager of financial reporting and chief accountant, who previously worked at IBM. Mr. Olchek moved to accept the report, Mr. Brown seconded, and it passed 12-0-0.
Treasurer's Report
The treasurer's report showed general fund cash of $264 million as of August 31, about $3.7 million higher than the same date in 2025, with year-to-date interest income already at $1.3 million and expected to keep trending favorably given current rates. The town's OPEB Trust portfolio grew from $66.9 million on July 31 to $68.2 million on August 31, following annual contributions made to both pension-related funds in July. The board was told the town's risk fund has not yet received its current-year contribution, which will be processed in September along with other inter-fund transfers. Ms. Tarkington moved to accept the report, Mr. Olchek seconded, and it passed 12-0.
Standing Committee and Special Project Team Reports
Mr. Olchek, reporting for the Debt and Fund Balance Committee, said the panel had a "lively debate" at its last meeting and will reconvene, with the date in flux; he later corrected an earlier statement that the meeting was scheduled for October 16, saying it is actually set for October 14 but may change again.
Four building committees gave capital project updates. Mr. Fisher reported for Central Middle School (CMS), presenting a cost summary previously shown to the Board of Education on September 3. Of the $6 million supplemental funding appropriated by the BET and the Representative Town Meeting, several line items originally expected to be spent, including topsoil and rock removal (still subject to negotiation with contractor Grasso) and a fire-watch allowance, are now expected to go unspent: the temporary fire pump installed in time for the school year will convert to a full system in late October, and no PCBs were found in the old building. A sewer line dispute on Indian Rock Lane, where relocating the line would have required removing extensive rock at a cost of hundreds of thousands of dollars, was resolved in the town's favor; the sewer line will instead stay on the existing property, with the ball field shifted slightly east to keep a manhole accessible, at a cost charged to owner's contingency. Asked how much of the unallocated $6 million balance the committee expects to use, Fisher said, "our best guess is we return the entire six," with additional savings possible from unused general contractor Turner allowances. He said the old CMS building should be fully demolished within two to three weeks.
Reporting on the Julian Curtis School project, a board member described a completed Phase 3, covering the cafeteria, elevator and revised entrance and office, delivered within budget with a small financial cushion carrying into Phase 4. That next phase, spanning the next two summers, will widen at least one classroom per grade for handicap-compatible entrances, rework plumbing for handicap-compatible sinks, and replace deteriorated cabinetry; bid timing is still undetermined.
On state reimbursement, board members said CMS's application, last filed in February, drew follow-up questions from the state twice, with the most recent response sent in late August; the next reimbursement installment is expected within three months, though the process is effectively stalled because the town cannot file again until the prior request is paid. One member said, in hindsight, that Julian Curtis was never structured as a state reimbursement project, calling that decision a likely mistake to be added to a lessons-learned document. Separately on the Hamilton Avenue project, members said the state has requested a refund and is seeking decade-old documentation the town has been slow to produce; according to information attributed to Ben Branion, the state's underlying documentation request has some validity given the age of the audit in question. The amount at issue is roughly $400,000, and Mr. Pellegrino has a liaison meeting on the matter scheduled for the following day.
Mr. Selbst reported for the Old Greenwich School renovation, budgeted at $56 million, saying construction began this summer after years of preliminary discussion and that members of the board toured the site the previous week. He said the project, per building committee representative Mr. Waters, remains on time and on budget, with footings poured for a new addition housing four kindergarten and first-grade classrooms and casing work underway for a new elevator.
Mr. Fenton reported for the Riverside School renovation, where the building committee met weekly through the summer with project architects. An existing-conditions assessment found the building's overall structure sound, though concerns about accessibility, electrical systems, HVAC and food service identified during an earlier feasibility study remain unresolved. The committee is iterating on design options and has begun engaging Greenwich Public Schools and other town departments as stakeholders. Fenton said the capital plan currently carries the project at $43 million for fiscal 2029, based on a 2024 estimate, but that figure predates any addition for pre-K space and likely understates the true cost.
"Combining the $56 million Old Greenwich baseline with the larger scope of the Riverside project, it is reasonable to assume that the $43 million in the capital plan is inadequate." [00:39:34] — Mr. Fenton, BET member
He said current planning points to a construction start in the first half of calendar year 2028, a timeline previously reported to the Representative Town Meeting.
Minutes
The board approved minutes of its July 17 meeting on a motion by Ms. Bednar, seconded by Mr. Brown, passing by voice vote with no opposition.
Chair's Report: Litigation Review, Committee Appointment and Budget Season
The chairman raised three items. First, citing mounting inquiries from residents about the town's litigation with the Board of Education, he said legal bills already exceed $700,000, a material sum of taxpayer money, and that press reports point to a possible trial date as late as August 2027, which would add substantial further cost.
"The legal bills are mounting at a concerning rate, and they already exceed $700,000." [00:40:52] — BET Chairman
While stressing it is not the board's role to adjudicate the underlying dispute, the chairman said the BET's duty as financial steward requires a review covering three things: the material legal fees accumulated to date, projected legal costs going forward, and any pertinent risk issues, including reputational risk, tied to the absence of a settlement. He said he has asked the Law and Audit Committees to collaborate on that review and that both committees will post their planned approach for public notice.
Second, the chairman announced formation of a building committee for the swimming pool project and the Greenwich High School campus project, and appointed Laura Erickson as the BET's representative on that committee.
Third, looking ahead to the coming budget cycle, the chairman said that once guidelines are approved, each town department and the Board of Education will be asked to develop three cost-saving ideas, to be tracked in a template designed by Ms. Lynch and Kate Bush. He asked board liaisons to manage that process with departments in coordination with the Budget Committee, alongside revenue-enhancement ideas previously discussed by the board.
The chairman also flagged a logistical note: the board's next meeting, October 19, will start at an unusual 4 p.m., because the board's usual meeting room has been taken over by the registrar's office for early voting, and the alternate room the board will use has limited availability later in the day.
Public Comment
One board member, addressed informally as Joe, said he supported the litigation review, noting he had previously heard a legal-cost figure of $500,000 rather than the $700,000 now reported, and that the board should understand both the current tally and the range of possible additional costs, while acknowledging that projection depends on many variables. No members of the public spoke during the portion of the meeting captured in the transcript.
Adjournment
With no further old or new business, Mr. Brown moved to adjourn; a second member, whose name was captured on the recording as "DeChampe," seconded. The motion passed by voice vote, and the meeting closed in just under an hour.
Board members present, based on speaking parts in the recording: the board chairman (presiding); Ms. Tarkington; Mr. Olchek; Mr. Fenton; Mr. Kelly; Mr. Brown; Mr. Fisher; Mr. Selbst; Ms. Bednar; Ms. Erickson; and a member identified only as "DeChampe." A twelfth member, addressed once as "Joe," also spoke but was not otherwise identified by surname. No absences were noted in the portion of the meeting captured, and no roster or minutes were supplied to confirm full attendance.
Staff in attendance: Ms. Elliott, Tax Assessor; Ms. Lynch, Controller; Vicki Liu, Manager of Financial Reporting and Chief Accountant. A staff member identified only as Agnes was referenced as part of the finance department's leadership but did not speak directly on the recording.
Outside parties referenced: Public Works Commissioner Jim Michael and Deputy Commissioner Gabriela Sacosta-Cohie, discussed in connection with the Railroad Avenue traffic signal project; a building-committee representative identified as Mr. Waters, cited regarding the Old Greenwich School renovation schedule; project architects referred to on the recording as "QANM," working on the Riverside School renovation; general contractor Turner and subcontractor Grasso, both referenced in connection with the Central Middle School project; and Ben Branion, cited as a source of information on the Hamilton Avenue state reimbursement dispute. Mr. Pellegrino was referenced as having a liaison meeting scheduled on that same matter.
Government Finance Officers Association (GFOA) — awarded the town's finance department a certificate of excellence for financial reporting, cited during the controller's report.
Board of Assessment Appeals — met September 10 to hear motor vehicle appeals; cited in the assessor's report as receiving no appeals this cycle.
Budget Committee — forwarded the routine applications list and voted 4-0 to advance the PW1 traffic signal appropriation before the full board.
Law and Audit Committees — directed by the chairman to jointly review legal costs in the town's litigation with the Board of Education.
Debt and Fund Balance Committee — reported by Mr. Olchek as having held a "lively debate" at its last meeting, with its next session tentatively October 14.
Board of Education — named as the town's counterparty in ongoing litigation discussed under the chair's report.
Representative Town Meeting (RTM) — cited as having appropriated the original $6 million Central Middle School supplemental funding alongside the BET, and as the recipient of quarterly capital-plan reporting on the Riverside School project.
Department of Public Works (DPW) — cited repeatedly regarding the Railroad Avenue signal project, existing paving-account funding, and the Central Middle School sewer line negotiation.
American Rescue Plan Act (ARPA) funds — discussed in the controller's report; $3.3 million of a $4.3 million balance must be spent by December 31, primarily on the Cos Cob pump station project.
Greenwich Public Schools (GPS) — cited as a stakeholder being engaged early by architects on the Riverside School renovation.
GHS campus and swimming pool building committee — newly formed panel to which Laura Erickson was appointed as the BET's representative.