The Town of Simsbury does hereby adopt Sections
4-1241 through 4-124p of the 1971 Supplement to the Connecticut General
Statutes (Public Act 821), providing for the formation of a Regional
Council of Governments within a planning region as defined or redefined
by the Secretary of the Office of Policy and Management or his designee,
and does hereby join such Regional Council of Governments as duly
established in accordance with said statutes. The adoption of such
sections includes the provisions of Special Act 73-79 of the 1973
General Assembly respecting additional representation for the core
city within the Capitol Region on a Regional Council of Governments
and a nonvoting advisory Regional Forum thereunder.
Pursuant to Section 7-273aa of the Connecticut General Statutes
Annotated, which provides that any two or more Connecticut municipalities
may, by concurrent ordinances of their legislative bodies, create
a regional solid waste authority under the provisions of Sections
7-273aa to 7-273oo, inclusive ("Chapter 103b"), to jointly manage
solid waste and recycling services on behalf of its members, the purpose
of this article is to create such a regional authority to be known
as the Central Connecticut Solid Waste Authority ("CCSWA"). Upon adoption
of this article by two or more municipalities, CCSWA shall be created.
CCSWA is hereby created as a regional authority under the provisions
of Chapter 103b and shall have all the rights, powers, duties and
obligations of a regional authority pursuant to Chapter 103b and Chapters
446d and 446e of the Connecticut General Statutes Annotated.
The Town of Simsbury (the "municipality") hereby designates
CCSWA as its regional solid waste authority, including its regional
resource recovery authority, and adopts the provisions of Chapter
103b in connection with this election to become a member of CCSWA;
provided, however, that this designation and membership election shall
not constitute a commitment of the municipality's solid waste
or recycling streams, and provided further that the municipality agrees
that it shall take no action, now or in the future, contrary to its
currently existing legal obligations and commitments, including, without
limitation, making any pledge of its municipal solid waste or recycling
streams to a disposal or recycling option chosen through CCSWA which
has an effective date commencing prior to the expiration date of any
currently existing waste stream commitment to another disposal or
recycling arrangement. By adopting this article, the municipality
shall not be obligated now or in the future to make any such commitment
of its solid waste or recycling streams, or to commit any funding
toward CCSWA, without further express authorization by its legislative
body.
The purpose of CCSWA shall be to solicit and jointly manage
solid waste and recycling services on behalf of its members.
The principal address of CCSWA shall be 241 Main Street, Hartford,
Connecticut 06106, c/o the Capital Region Council of Governments.
The members of CCSWA shall be the municipalities, including
the municipality, which adopt this article. Each member municipality
shall be assigned to one of four sub-regions of CCSWA:
A. The
Northwest Sub-Region,
B. The
Naugatuck Valley Sub-Region,
C. The
Greater Capital Sub-Region; or
D. The
Shoreline Sub-Region.
The number of votes to be cast by each municipal member of CCSWA
at any meeting of the Authority's full membership shall be determined
in accordance with the following five-tiered voting system based on
the individual population of each municipal member compared to the
total population of all CCSWA municipal members (all such population
figures to be derived from the most recent annual data published by
the Connecticut Department of Public Health):
A. Each
municipal member whose individual population is less than 1% of the
total population of all CCSWA municipal members shall have one vote;
B. Each
municipal member whose individual population is equal to or greater
than 1%, but less than 2%, of the total population of all CCSWA municipal
members shall have two votes;
C. Each
municipal member whose individual population is equal to or greater
than 2%, but less than 5%, of the total population of all CCSWA municipal
members shall have three votes;
D. Each
municipal member whose individual population is equal to or greater
than 5%, but less than 10%, of the total population of all CCSWA municipal
members shall have four votes; and
E. Each
municipal member whose individual population is equal to or greater
than 10% of the total population of all CCSWA municipal members shall
have five votes.
Each municipal member shall appoint one representative to CCSWA,
which shall be the current chief elected official of the municipality
or that official's designee, and that representative shall exercise
the voting powers established for that municipal member as set forth
in this article. As long as the method of appointment and removal
and the term of office of each municipal member representative shall
be consistent with the first sentence of this section, the details
of such appointment, removal and term of office shall be as determined
by the appointing municipality; provided, however, that not more than
half of the terms of all such municipal representatives shall expire
within any one fiscal year.
There shall be at least one annual meeting of all municipal
members of CCSWA to elect the members of the Executive Committee and
enact such other business as shall be deemed advisable at such meeting,
all as provided in the bylaws of CCSWA to be adopted after its formation.
It shall require the affirmative vote of a majority of all CCSWA municipal
members to enact the Authority bylaws or adopt any amendments thereto,
such vote to take place at a duly called meeting of the full membership
of CCSWA, with proxy voting to be permitted at such meeting.
The members and member representatives of CCSWA shall receive
no monetary compensation solely for their service as members and member
representatives of CCSWA; provided, however, that the ability of CCSWA,
if it chooses to do so in its sole discretion, to pay host community
compensation to municipal members which agree to host facilities owned
or used by CCSWA within their municipal borders shall not be affected
by this prohibition.
The full membership of CCSWA shall elect an Executive Committee to manage the operations of CCSWA; provided, however, that the specific division of responsibilities for such management between the Executive Committee, the full membership of CCSWA and any other body or officer of CCSWA shall be consistent with the bylaws of CCSWA to be adopted after its formation. No member of CCSWA shall have more than one representative on the Executive Committee, and each member of the Executive Committee shall have one vote, without regard to the voting system established by §
7-8 of this article for meetings of the Authority's full membership. The members of such Executive Committee shall constitute an odd number, shall include at least one representative of each of the five voting tiers established pursuant to §
7-8 of this article for meetings of the Authority's full membership, and shall also be determined by considerations of geographical representation based on the four sub-regions established under §
7-7 of this article, all such matters and the terms of office and appointment of such Executive Committee members and other matters pertaining thereto to be specifically determined in a manner consistent with the bylaws of CCSWA to be adopted after its formation.
This article is hereby adopted pursuant to and in compliance
with all laws governing the municipality's adoption of ordinances.