[HISTORY: Adopted by the Town Meeting of the Town of Simsbury as indicated in article histories. Amendments noted where applicable.]
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:
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):
Each municipal member whose individual population is less than 1% of the total population of all CCSWA municipal members shall have one vote;
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;
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;
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
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.