Representative Town Meeting Regular Meeting Materials (linked)
agenda center agenda
| Board/Commission | Representative Town Meeting (RTM) |
|---|---|
| Meeting Date | February 07, 2022 |
| Pages | 66 |
| File Size | 3.5 MB |
| OCR Status | Searchable (OCR processed) |
| Source URL | Original |
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Full Text (OCR Extracted)
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www.waterfordct.org
AGENDA pad
REPRESENTATIVE TOWN MEETING =
REGULAR MEETING ; -
Monday, February 7, 2022 en
7:00pm — Waterford Town Hall =
A. Pledge of Allegiance
B. Roll Call
C. To consider and act upon the minutes of the December 6, 2021 Annual Meeting
and the January 3, 2022 Special Meeting
D. Correspondence
E. Public Comment
F. Committee reports and referrals
G. Appointee & Liaison updates
H. Transaction of Business on the Call;
1. To consider and act upon a recommendation from the Board of Finance for
an additional appropriation in the amount of $409,400 as a new project from
the Capital Non-Recurring Undesignated fund balance line #205-31520
for HVAC and roof replacement for the Public Safety Building.
2. To consider and act upon a recommendation from the Board of Finance for
an additional appropriation in the amount of $12,500 as a new project from
the Capital Non-Recurring Undesignated fund balance line #205-31520
to co-fund a new pump-out boat for Save the River-Save the Hills.
3. To consider and act upon a recommendation from the Board of Finance
gfor an additional appropriation in the amount of $250,000 as a new
project from the Capital Non-Recurring Undesignated Fund Balance
line #205-31520 to recondition the elevators in the Town Hall and
Youth Services Building.
4. To consider and act upon a recommendation from the Board of Finance to
merge two projects by requesting to move $1,990,000 from designated
line #20523-57792 into designated line #20523-57733 and then close
out project #20523-57792 (Oswegatchie Building Renovations).
5. To consider and act upon a recommendation from the Board of Finance
for an appropriation in the amount of $170,000 from Capital and Non-
Recurring designated line #20560-57822 IT Learning Boards.
6. To consider and act upon three regular member appointments to the
Ethics Commission. (Term 02/07/2022 -— 02/05/2024)
7. To consider and act upon an alternate member appointment to the Ethics
Commission. (Term 02/07/2022 — 02/05/2024)
8. To consider and act upon an appointment to the Utility Commission due to
the resignation of Peter Green. (Term 04/01/2021 — 03/31/2025)
9. To consider and act upon the recommendation from the Finance, Wage &
Personnel Standing Committee of the RTM to annually increase the
elected officials’ salaries by the least of the following, effective July 1,
2022:
A. Percentage increase of the CPI-U from July of the preceding fiscal
year.
B. Half (50%) of the percentage increase approved for non-union
management.
C. One point five percent (1.5%).
10.To consider and act upon a motion to discuss strategy and/or negotiations
in executive session with respect to a discussion of the selection of a site,
sale or purchase of real estate by the Town of Waterford.
11.To consider and act upon an Easement and Assignment Agreement with
American Tower Asset Sub I], LLC for a cell tower located at 85 Miner
Lane, Waterford, CT, and to authorize the First Selectman to sign such
agreement on behalf of the Town of Waterford, subject to a legal review
by the Town Attorney.
12.To consider and act upon the budget schedule for the May 2022, budget
hearings for the Fiscal Year 2023 Budget.
Il. New Business
J. Adjournment
FIFTEEN ROPE FERRY ROAD
WATEREORD, CT 06385-2886
PHONE: 860-442-0553
www.waterfordct.org
MINUTES
REPRESENTATIVE TOWN MEETING
Special Meeting
Waterford Town Hall — ZOOM only.
January 3, 2022
‘
RTM Moderator Paul Goldstein called the January 3, 2022 Special Meeting of the Representative Town
Meeting to order at 7:01 P.M,
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENT: Greg Attanasio, Michael Bono, Jennifer Bracciale, Mary Childs, Thomas J. Dembek, Susan
Driscoll, , Timothy Fioravanti, Steve Garvin, Nick Gauthier, Kevin Girard, Paul.Goldstein, Kristin Gonzalez,
Ryan Healy, Jennifer Kohi, Cheryl Larder, Richard Muckle, Theodore Olynciw, Dan Radin, Michael
Rocchetti, Danielle Steward-Gelinas, David Sugrue, Dave Welch.
ABSENT: Timothy Condon, Richard Holmes, and Paul Konstantakis.
EX-OFFICIO MEMBERS PRESENT: First Selectman Robert J. Brule
EX-OFFICIO MEMBERS ABSENT: Selectwoman Jody Nazarchyk; Selectman Elizabeth Sabilia; Chair of the
Board of Education Patricia Fedor; Chair of the Board of Finance Glenn Patterson.
ALSO PRESENT: Town Clerk David L. Campo; Town Attorney Rob Avena.
ITEM C - CORRESPONDENCE
Moderator Goldstein noted that correspondence was received by email in regards to the CNR.
ITEM D - PUBLIC COMMENT
RTM Member Ted Giynciw reminded the body that free COVID tests would be available on Tuesday,
January 4,2022 at the Waterford Beach Park.
CALLITEM 1 — Community Center HVAC
MOTION by Steward-Gelinas, seconded by Muckle, to approve a recommendation from the Board of
Finance for an appropriation in the amount of $59,650 from Capital and Non-Recurring designated line
#20501-57788 Community Center HVAC Contral Separation. :
MOTION by Larder, seconded by Gauthier, to reduce the amount to $8,850 to address the study portion
only.
Discussion ensued
MOTION by Steward-Gelinas, seconded by Muckle, to move the question
VOTING IN FAVOR; Bono, Bracciale, Childs, Dembek, Garvin, Gauthier, Girard, Goldstein, Healy, Muckle,
Radin, Rocchetti, Steward-Gelinas, Sugrue, Welch. ;
VOTING AGAINST: Attanasio, Driscoll, Fioravanti, Gonzalez, Kohl, Larder, Olynciw.
MOTION PASSED: 15-7-0
VOTING IN FAVOR OF REDUCTION: Attanasio, Childs, Larder, Olynciw, Radin.
VOTING AGAINST: Bono, Bracciale, Dembek, Driscoll, Fioravanti, Garvin, Gauthier, Girard, Goldstein,
Gonzalez, Healy, Kohl, Muckle, Rocchetti, Steward-Gelinas, Sugrue, Welch.
MOTION FAILED: 5-17-0
MOTION by Rocchetti, seconded by Muckle, to move the original motion.
VOTING IN FAVOR: Unanimous
VOTING IN FAVOR OF ORIGINAL MOTION: Attanasio, Bono, Bracciale, Childs, Dembek, Driscoll,
Fioravanti, Garvin, Gauthier, Girard, Goldstein, Gonzalez, Healy, Kohl, Muckle, Rocchetti, Steward-
Gelinas, Sugrue, Welch.
VOTING AGAINST: Larder, Olynciw, Radin.
MOTION PASSED: 19-3-0
CALL (TEM 2 ~Local Bridge Grant Program Overpayment
MOTION by Steward-Gelinas, seconded by Olynciw, to approve a recommendation from the Board of
Finance for an appropriation in the amount of $37,901.45 to the Capital and Non-Recurring fund to
reimbutse the State of CT for the overpayment to the Town of Waterford for the Local Bridge Grant
Program.
MOTION by Driscoll, seconded by Gauthier, to amend the motion to appropriate the money from
Contingency Line #10121-59010.
Discussion ensued.
MOTION withdrawn by Driscoll and Gauthier.
.
Friendly amendment by Driscoll, and accepted by Steward-Gelinas and Olynciw, to include the CNR Line
#20530-57659.
AMENDED MOTION: by Steward-Gelinas, seconded by Olynciw, to approve a recommendation from the
Board of Finance for an appropriation in the amount of $37,901.45 to Capital and Nan-Recurring fund
Line #20530-57659 Old Mill Road Bridge to reimburse the State of CT for the overpayment to the Town
of Waterford for the Local Bridge Grant Program,
VOTING IN FAVOR: Unanimous
MOTION by Dembek, seconded by Attanasio, to adjourn at 8:07 P.M,
VOTING IN FAVOR: Unanimous
Respectfully Submitted,
David L. Campo, CCTC
Waterford Town Clerk
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www.waterfordctarg
MINUTES
REPRESENTATIVE TOWN MEETING
Regular Meeting
December 6, 2021
First Selectman Robert Brule, Acting Moderator, called the December 6, 2021 Regular Meeting of the
Representative Town Meeting to order at 7:00 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENT: Greg Attanasio, Michael Bono, Jennifer Bracciale, Mary Childs, Timothy Condon, Thomas J.
Dembek, Susan Driscoll, Timothy Fioravanti, Steven Garvin, Nicholas Gauthier, Kevin Girard, Paul
Goldstein, Kristen Gonzalez, Ryan Healy, Richard Holmes, Jennifer Kohl, Paul Konstantakis, Cheryl Larder,
Richard Muckle, Theodore Olynciw, Dan Radin, Michael Rocchetti, Danielle Steward-Gelinas, David
Sugrue, David Welch,
ABSENT: None
EX-OFFICIO MEMBERS PRESENT: First Sefectinan Robert J Brule.
EX-OFFICIO MEMBERS ABSENT: Selectwoman Jody Nazarchyk; Selectman Elizabeth Sabilia; Chair of the
Board of Finance Ronald R. Fedor; Chair of the Board of Education Craig Merriman.
ALSO PRESENT; Town Clerk David L. Campo; Town Attorney Robert Avena; Director of Finance Kim
Alien.
AGENDA ITEM C — Elect-a Moderator.
NOMINATION by Steward Gelinas, seconded by Rocchetti, for Paul Goldstein to serve as Moderator for a
term of one-year.
A discussion arose on how the vote would be conducted for Moderator.
MOTION by Olynciw,:seconded by Attanasio, to conduct vate by paper ballot rather than roll call vote.
VOTING IN FAVOR: Attanasio, Childs, Driscoll, Fioravanti, Gauthier, Gonzalez, Kohl, Konstantakis, Larder,
Olynciw, Radin.
VOTING AGAINST Bono, Bracciale, Condon, Dembek, Garvin, Goldstein, Healy, Holmes, Muckle,
Rocchetti, Steward-Gelinas, Sugrue, Welch, Girard.
MOTION FAILED: 11-14
tS)
NOMINATIONS CONTINUED - 8
NOMINATION by Gauthier for Thomas Dembek. a cS
Declined ts
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=
pan
9
4 RTM MINUTES 12/06/2024 4
NOMINATION by Olynciw for Richard Muckle.
Declined
NOMINATION by Gauthier, seconded by Attanasio, for Susan Driscoll.
MOTION by Muckle, seconded by Condon, to close nominations
VOTING IN FAVOR: Unanimous.
VOTING IN FAVOR OF GOLDSTEIN: Bono, Bracciale, Condon, Dembek, Garvin, Girard, Goldstein, Healy,
Holmes, Muckle, Radin, Rocchetti, Steward-Gelinas, Sugrue, Welch.
VOTING AGAINST: Attanasio, Childs, Driscoll, Fioravanti, Gauthier, Gonzalez, Kohl, Konstantakis, Olynciw
ABSTAINED: Larder
GOLDSTEIN selected as Moderator: 15-9-1
AGENDA (TEM 0 - October 4, 2021 Minutes, October 28, 2021 Minutes & November 29, 2021 Minutes.
MOTION by Bono, seconded by Steward-Gelinas, to approve/unapprove each set of minutes
individually.
VOTING IN FAVOR: Unanimous.
MOTION by Steward-Gelinas, seconded by Driscoll, to accept the October 4, 2021 Minutes with the
following correction noted by Susan Driscoll: That the review of the Information Technology Committee
Ordinance under NEW BUSINESS is assigned to the “Legislation and Administration Committee”.
VOTING IN FAVOR: Attanasio, Bono, Bracciale, Condon, Dembek, Driscoll, Fioravanti, Gauthier,
Goldstein, Muckie, Olynciw, Radin, Rocchetti, Steward-Gelinas.
VOTING AGAINT: None
ABSTAINED: Childs, Garvin, Girard, Gonzalez, Healy, Holmes, Kohl, Konstantakis, Larder, Sugrue, Welch
MOTION PASSED: 14-0-11
MOTION by Steward-Gelinas, seconded by Sugrue, to accept the October 28, 2021 Minutes.
VOTING IN FAVOR: Attanasio, Bracciale, Condon, Dembek, Driscoll, Fioravanti, Gauthier, Goldstein,
Muckle, Clynciw, Radin, Rocchetti, Steward-Gelinas,
VOTING AGAINT: None
ABSTAINED: Bono, Childs, Garvin, Girard, Gonzalez, Healy, Holmes, Kohl, Konstantakis, Larder, Sugrue,
Welch
MOTION PASSED: 13-0-12
MOTION by Steward-Gelinas, seconded by Muckle, to accept the November 29, 2021 Minutes.
VOTING IN FAVOR: Attanasio, Bracciale, Condon, Dembek, Driscoll, Fioravanti, Gauthier, Goldstein,
Muckle, Olynciw, Radin, Rocchetti, Steward-Gelinas.
VOTING AGAINT: None
ABSTAINED: Bono, Childs, Garvin, Girard, Gonzalez, Healy, Holmes, Kohl, Konstantakis, Larder, Sugrue,
Welch
MOTION PASSED: 13-0-12
CORRESPONDENCE
The following three Items were received and further discussion, if needed would occur under NEW
BUSINESS: Latter from Waterford Resident Michele Dibuono, letter from the Economic Development
Chair Dan Radin, and a letter from RTM Member Ted Olynciw. Copies of letters can be obtained by
contacting the Town Clerk.
2 RTM MINUTES 12/06/2021
PUBLIC COMMENT
RTM Member Ted Olynciw congratulated the new members on being elected and spoke on the
importance of the work of the RTM.
AGENDA ITEM G
Reports were received and are on file in the Town Clerk’s office from the following committees: Public
Works Planning and Development, Legislation and Administration, Long Range Fiscal Planning
Committee.
AGENDA ITEM H
None
CALL ITEM 1 ~ Future Paving Projects
PRESENTATION: Director of Public Works Gary Schneider, Director of Finance Kim Allen.
MOTION by Steward-Gelinas, seconded by Dembek, to approve a recommendation from the Board of
Finance to transfer $1.8 million from the General Operating Fund Balance into the Capital Non-
Recurring Undesignated Fund Balance in anticipation of future paving projects.
Discussion Ensued
VOTING IN FAVOR: Unanimous.
CALL (TEM 2 — Executive Session
MOTION by Steward-Gelinas, seconded by Driscoll, to move that the RTM, along with Interim Human
Resources Director Christine Walters, First Selectman Rob Brule, Town Labor Attorney Eileen Duggan,
Director of Fire Services Michael Howley, Town Attorney Rabert Avena, go into executive session for the
purpose of discussing strategy and/or negotiations with respect to current and pending collective
bargaining with multiple bargaining units. This action is taken without prejudice to the Tawn’s right to
discuss these matters in a private meeting pursuant to Connecticut General Statutes §1-200 (2) at 7:46.
VOTING IN FAVOR: Unanimous.
MOTION by Steward-Gelinas, seconded by Muckle to come out of Executive Session with no votes at
8:18 P.M.
VOTING IN FAVOR: Unanimous.
CALL ITEM 3 — Waterford Professional Firefighters Contract
PRESENTATION: Interim Human Resource Director Christine Walters, Director of Fire Services Michael
Howley, Town Labor Attorney Elleen Duggan.
MOTION by Steward-Gelinas, seconded by Condon, to approve the funds necessary to implement the
Tentative Agreement between the Town of Waterford and Waterford Professional Firefighters
Association Local 4629 International Association of Firefighters AFL-CIO, covering the period July 1,
2021-June 30, 2024,
Discussion ensued,
MOTION by Olynciw, seconded by Muckle, to move the question.
VOTING JN FAVOR: Bono, Condon, Demhek, Garvin, Girard, Goldstein, Healy, Holmes, Konstantakis,
Larder, Muckle, Olynciw, Radin, Rocchetti, Steward~Gelinas, Sugrue, Welch
VOTING AGAINST: Attanasio, Childs, Driscoll, Fioravanti, Gauthier, Gonzalez, Koh!
3 RTM MINUTES 12/06/2021
ABSTAINED: Bracciale
MOTION TO MOVE PASSED: 17-7-1
VOTING IN FAVOR OF CONTRACT: Unanimous with three abstentions. (Bracciale, Garvin, Welch)
22-0-3
CALL ITEM 4: Personnel Review Board
MOTION by Muckle, seconded by Rocchetti, to nominate Talivaldis Maidelis to serve a term of three
years on the Personnel Review Board. (Term 12/01/2024 — 11/30/2024)
VOTING IN FAVOR: Unanimous
CALL ITEM 5: Personnel Review Board
MOTION by Muckle, seconded by Rocchetti, to nominate Krum Chuchev to fill a mid-term vacancy due
to the resignation of Edward Murphy on the Personnel Review Board. (Term 12/01/2019 ~ 11/30/2022)
VOTING IN FAVOR: Unanimous
CALL ITEM 6 — Ethics Commission
MOTION by Sugrue, seconded by Rocchetti to nominate Adam Stone to fill a mid-term vacancy due to
the resignation of Steve Garvin on the Ethics Commission (Term 02/01/2021 - 02/06/2023)
VOTING IN FAVOR: Unanimous
CALL ITEM 7 — Committee on Committees
MODERATOR Goldstein appointed the following members to serve on the Committee on Committees:
Danielle Steward-Gelinas, Susan Driscall, Steve Garvin, Michael Rocchetti, Ted Olynciw.
MODERATOR Goldstein called for a five minute recess.
CALL ITEM 8 — Standing Committee Assignments
MOTION by Steward-Gelinas, seconded by Rocchetti, to approve the Standing Committee Assignments
of the RTM as presented by the Committee on Committees and read by Danielle Steward-Gelinas. (See
Attachment}
VOTING IN FAVOR: Unanimous
CALL ITEM 9 ~ RTM Appointments.
MOTION by Steward-Gelinas, seconded by Rocchetti, to nominate Michael Bono to the Information
Technology Committee.
MOTION by Driscoll, seconded by Kohl, to nominate Dan Radin to the Information Technology
Committee.
VOTING IN FAVOR OF BOTH NOMINEES: Unanimous
MOTION by Steward-Gelinas, seconded by Driscoll, to nominate Paul Goldstein, Michael Rocchetti,
Richard Muckle, Greg Attanasio, and Chery! Larder to the Long Range Fiscal Planning Committee.
VOTING IN FAVOR OF THE NOMINEES: Unanimous
MOTION by Driscoll seconded by Radin, to nominate Theodore Olynciw to the School Building
Committee. (Term 07/01/2020 - 06/30/2025)
VOTING IN FAVOR: Unanimous
4 RTM MINUTES 12/06/2021
CALL ITEM 10 ~ Retirement Commission
MOTION by Steward-Gelinas, seconded by Radin, to appoint Richard Muckle and Susan Driscoll to the
Retirement Commission. (Term 01/01/2022 ~ 12/31/2023)
Friendly Amendment presented by Driscoll and accepted to change the terms to 12/06/2021 —
12/03/2023.
VOTING IN FAVOR: Unanimous
CALL ITEM 11 ~ Social Services Grants Review Board
MOTION by Steward-Gelinas, seconded by Bracciale, to appoint Thomas Dembek and Paul Konstantakis
to the Social Services Grants Review Board. (Term 12/06/2021 ~ 12/05/2022)
VOTING IN FAVOR: Unanimous
CALL ITEM 12 — RTM Proposed Schedule
MOTION by Steward-Gelinas, seconded by Condon, to approve the proposed schedule as presented.
(See Attachment)
VOTING IN FAVOR; Unanimous
CALL ITEM 13 —- RTM Proposed Budget
MOTION by Steward-Gelinas, seconded by Muckle, to approve the FY23 budget in the amount of
$18,903 and forward to the Board of Selectmen for approval.
VOTING IN FAVOR: Unanimous
NEW BUSINESS:
Members discussed the letter from Theodore Olynciw and agreed it should be referred to as “short term
rentals”.
MOTION by Driscoll, seconded by Olynciw, to refer the subject of “short term rentals” to the Public
Works, Planning and Development Standing Committee of the RTM.
The letter from the Economic Development Committee Chair Dan Radin was discussed, but was not
assigned to a committee.
Brief discussion in regard to the letter received from resident Michele Dibuono. First Selectman Robert
Brule stated it was a personnel matter and no further discussion ensued,
Moderator Goldstein notified the body that a special meeting would be needed in early January and that
the Town Clerk would be polling members by email in the future as to dates and times.
Town Clerk David Campo notified the body that the town was prepared to move forward with providing
email addresses to RTM members. Discussion ensued.
MOTION by Steward-Gelinas, seconded by Condon, to adjourn at 9:36 P.M.
ami Submitted,
David L. Campo, CCTC
Waterford Town Clerk
5 RTM MINUTES 12/06/2021
2021-2023 RTM Member Committee Assignments / Appointments:
- Committee on Committees 8 ; . L
“Moderator appoints at first annual meeting; minimum m of 5 members; all 4 districts must be covered
Majority Leader—Steward-Gelinas (1) wo gy
id Leader—Driscoll (4)
cchetp (3)
Oypttiny )
RTM Standing Committees (for duration of current RTM term)
Prepared by Majority and Minority Leader; endorsed by Committee on Committees; approved hy RTM
at first annual meeting. Every member must serve.on at least one standing committee; minimum of
3 members; simple majority applies. Moderator serves as ex-officio member of every committee. . ..
Legislation & Administration . Public Health, Recreation & Environment -
R Dembek R Bono
R Muckle . ; R Healy
R Welch R Bracciale
.D Fioravanti D Gauthier -
“D Driscoll D Childs
Public Works, Planning & Development Education
R Healy . Ds 7 _ R Steward-Gelinas | _
R Bono R Sugrue
R Rocchetti R Holmes 3
D. Olynciw D Gonzalez a
D Attanasio D Konstantakis 4
; U Radin 3
Finance, Wage & Personnel =
R Girard _ Public Protection & Safety “2
R Rocchetti R Dembek
R Steward-Gelinas “'R Condon
D Larder R Garvin
_D Kohl D Driscoll
D Fioravanti
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MODERATOR’S REPORT
Representative Town Meeting
February 7, 2022
Matters Currently in Standing Committees
LEGISLATION & ADMINISTRATION
Review of Ordinance 2.38 — information Technology Committee, RTC 10/04/21
EDUCATION
FINANCE, WAGE & PERSONNEL
Salaries of Elected Officials, RTC 02/01/21
PUBLIC HEALTH, RECREATION & ENVIRONMENT
Review of Noise Ordinance, Noise Control — Chapter 9.06, RTC 10/04/21
PUBLIC PROTECTION & SAFETY
PUBLIC WORKS, PLANNING & DEVELOPMENT
Appraisal of sidewalk ordinance and associated safety issues, RTC 02/01/21
Short Term Rentals, RTC 12/06/22
PHONE: 860-442-0553
www.waterfordct.org
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
202
7
G
—
January 23, 2022
CH :6 AY A
Dear Moderator Goldstein,
| write to inform you that the Personnel, Wage, and Finance standing committee of the RTM has
convened two times in January 2022 to discuss the matter referred to the committee: A. Salaries of
Elected Officials (RTC 02-01-2021). At the meeting on January 20, 2022, the committee voted
unanimously to recommend the RTM consider the following:
To annually increase elected officials’ salaries by the least of the following, effective July 1, 2022:
a.) Percentage increase of the CPI-U from July of the preceding fiscal year.
b.) Half (50%) of the percentage increase approved for non-union management.
c.) One point five percent (1.5%)
This item was also voted out of committee unanimously, so | respectfully request that you place this on
the agenda for the full RTM to consider and possibly act upon.
Respectfully submitted,
Kevin Girard, Chairman
PHONE: 860-442-0553
www.waterfordct.org
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
Moderator Goldstein,
At the January 20, 2022 meeting of the Personnel, Wage and Finance Standing Committee, the
committee voted unanimously to recommend an increase to elected officials salaries as described
below and in the meeting minutes. Director of Finance (Kim Allen) was actioned to provide
current salaries upon which the proposed increase is based. She has since provided that
information, which is shown below. I write to share this information with the RTM members.
The Committee recommendation is as follows:
To annually increase elected officials’ salaries by the least of the following, effective July 1,
2022:
a.) Percentage increase of the CPI-U from July of the preceding fiscal year.
b.) Half (50%) of the percentage increase approved for non-union management.
c.) One point five percent (1.5%)
According to information received from Ms. Allen, the July 2021 CPI-U was published at
5.4%. Ms. Allen also shared that Non-Union Management (NUMPS) was approved for a 2.25%
increase. Therefore, the least of the options above and the proposed FY23 increase is 50% of
NUMPS, equivalent to a 1.125% increase.
The table below shows the elected position, current salary, and proposed FY23 salary according
to this recommendation.
Position FY22 Actual Salary 'FY23 Proposed Salary Difference
First Selectraan $ 108,886.44 | $ 116,111.41 | $1,224.97
Selectperson x 2 $ 1,855.44 | § 1,876.31 | $ 20.87 |
Town Clerk $ 91,997.88 |S 93,032.86 | $1,034.98
Tax Collector § 86,284.12 | 5 87,254.82 $ 970.70
(Treasurer $ 28,960.92 | $ 29,286.73 | $ 325.81
Registrar of Voters x2 | $ 23,923.56 |S 24,192.70 | § 269.14 3
Total 8 341,908.36 | $ 345,754.83 | $3,846.47 TM
Respectfully,
Kevin Girard, Chairman
OU:OlWY 9¢ NYT
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www.waterfordct.org
January 13, 2022
Mr. Paul Goldstein, Moderator
Representative Town Meeting
15 Rope Ferry Road
Waterford, CT 06385
Dear Moderator Goldstein:
At the meeting of the Board of Finance held, Wednesday, January 12, 2022, it was voted to recommend
to the Representative Town Meeting for an additional appropriation in the amount of $409,400 as a
new project from the Capital Non-Recurring Undesignated fund balance line #205-31520 for HVAC and
roof replacement for the Public Safety Building and forward onto the RTM for approval.
| respectfully request you place this item on the agenda of the next meeting of the Representative Town
Meeting. Copies of backup justification are attached hereto.
Respectfully submitted,
Glenn Patterson, Chairman
Board of Finance
MII
GP:mtm
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www.waterfordct.org
December 21, 2021
Mr. Glenn Patterson
Chairman
Board of Finance
15 Rope Ferry Road
Waterford, CT 06385
Dear Chairman Patterson,
The Board of Selectmen, at their meeting on Tuesday, December 21, 2021 voted to approve the
following request for an additional appropriation;
Public Works: To consider and act on the following request for an additional appropriation from
the Director of Public Works, Gary Schneider, for the Public Safety Building in the amount of
$409,400.
Therefore, I respectfully request that you consider and act on this requests. I have attached
pertinent back up material from the designated department.
Sincerely,
Robert abrule
Robert Brule
First Selectman
ec: Kimberly Allen, Director of Finance
INTER-OFFICE MEMORANDUM TOWN OF WATERFORD
To: Kim Allen, Finance Director
From: Gary J. Schneider, Director of Public Warks
Date: Ocotober 27, 2024
Re: Supplemental Facility Projects
The Department has identified the following items pertaining to our facilities.
items 1 are critical and funding is requested outside the budget oycle, if funds
ate not available, items 3 and 4 will be placed in the FY23 Capital Project
request. :
Public Safety Facility - $409,400
1. Replacement of the HVAC Unit that services Fire Services $50,000.
The Public Safety Building has 3 zones. The roof top unit that services the front
of the building is in failure mode and in need of replacement, The existing unitis
barely functioning and provides cooling and outside alr exchanges, Plans and
specifications have been prepared. Roof top units are long tead items.
Placement in the FY 23 Capital Request is not recommended. The Unit needs to
be replaced before the next cooling season.
2, Replacement of the Roof $329,400
Installed in 1995, this roof js experiencing leaks which have increased over the
years. Eight areas have been Identified as wet and need to be addressed. The
roof is nearing ils Jife expectancy. The estimated cost te replace the roof Is
estimated at $32/sf or $305,000, Engineering fees are estimated at 8% of the
construction cost or another $24,400.
3, HVAC Building wide $30,000
Ar evaluation of the bullding’s HVAC. system was completed for the Town in
2020, The report's findings were “due to the age and poor condition of the
existing mechanical systems and equipment serving the Public Safety Complex,
full system replacement is the recommended course of action”. The Department
Is requesting funding of $30,000 to prepare the design to a 30% level at which
time cost estimates would be prepared for funding of final design and
construction,
Town Hall and Youth Services Bureau ~ $280,000
4, The Department has also identified the needs to recondition the elevators in
Town Hall and Youth Services Bureau. In 2019, a review of each car was
conducted. The elevators are the original cars installed in 1983. The only
modification was the installation of the emergency phone in the Town Hall
elevator. The project would involve Installing new controllers, door operators,
power units, solid state starters and minor finish work.
Location: Waterford Public Dispatch Center
Waterford Dixpaiah Canto
seu
a
GENERAL INFORMATION:
ROOF AREAS: 2 Roofing Sections
SQUARE FOOTAGE: 9400 square feet approx.)
DATE INSTALLED: 1995 (est.)
} ROOF COMPOSITION:
MEMBRANE: EPDM
INSULATION: Polyisocyanurate
DECK; Metal
Inspector Notes:
At this time the roof system overall is performing in poor to fair condition. We Identified a total
of (8) wet areas combined for 200square feet to be repalred. The perimeters and flashing
terminations throughout the roof are becoming brittle, exposed reinforcements, and open
causing leaks (some severe), There Js also defective and unused equipment to be renewed or
removed. Recommend Immediate repairs & restoration.
RECOMMENDATIONS: Repairs & Restoration
Restoration Solutions
Tremco inc, Representative: Michael Boudreau
Alpha Guard B10 Full Reinforced Roof Restoration: Powerwash all roofing areas clean if all
debris & offs, Replace alf found wet insulation areas and replace in kind. Remove all perimeter
edge metals and defective membrane, Reinstall new metals and fully adhere new membranes.
Apply Alpha Guard BIO Base coat to all roofing areas at 3gl/sq embedding reinforcements to all
roofing areas. After initial coat has cured properly, install Alpha Guard Top coat at 2gl/sq to all
roof surfaces to complete, Provide a 20year QA Watertight Warranty with Inspections at years
2,5, 10, & 15, On year 20, the Tremco Field Advisor will provide warranty extension or recoat
solutions to prolong the existing roof system.
ROOF CATEGORY: Restoration and Replacement
BUDGET ESTIMATE: aaa
[Roof Name [Roof Square Feet _ [Restoration | Replacement ~
YEAR 2022 .
] 6200 $170,008 $206,000
2 3200 $54,00 $105,000
Tremco Inc, Representative: Michael Boudreau
Town of Waterford, Connecticut
Evaluation of HVAC Systems
Police Department and Public Safety Complex Buildings
41 Avery Ln,
Waterford, CT 06385
Final Report: January 10, 2020
Prepared by:
Silver/Petrucelli + Associates
Architects / Engineers / Interior Designers
_ 3190 Whitney Avenue
m= Hamden, CT 06518
i Dater 41/26/49
da eaten Pass Rand Job Yow 238
lGwnen Towa of Waterford
PINION QF HROBABLE CONSTRUCHON,COST
. OPTION dT
940d APPROXIMATE TOTAL NET SQUARE EOD TAGE (Area of Wonk
SECTION MATERIAL & TAG0R COST
gutaBeR: |_| UNA fur cos TOTAL, TOTALS.
Perealt (Ostat gonaitelian cont) 4 18 $2,809
Bonds (2.8% of construction casi) 4 as bpd
insurance (0/2596 of construction ost} i is 4,907
i FRICOSTSR ANTON GuErE mers OLaNn|
WV RIG HSU MOLI atersnns yea ORs ; 7
Buainsters 3 FA $4,800.00) Sanam — $3,000
nme BITE PUTO RAIS EEE SS 0
Baialion 4 3 $35,256.00] $A8 280
Roottip Units A Ky $143,400.00) $243,408
Ate Mafeding Unt witty DY, Hot Watby Disef Coll, VED 4 is $26,400.00} $36,400
Reteigarant Piping a s $4,700, 00) $4,700
Suctpark, Duct Insulation & Dust Acceaswsles A is $15,000.00) $25,000
VAY Tarathal Unite a 1s $38,050.78 $38,059
Exhayst.Fans 4 w $aAaneo $3 ago
ndorgrqund Fuel sl Storage Tank i ts 3g0,780.00 $665,780
Ewa tll Piping - tcterior & Extarlor £ Is. 48,000
Elactronit Guaging & Leak Datettion’ t is $9,800
pollers a 6 $42,000
Hox Water System Pumps L is $23,625
Hot Water Piping, Pine Insulation & Pipe Accessories 2 is 38,800,00) $6,500
Hot Watar Fintube Radlatlont 4 Is $28,500.00 $28,500
Contfots a is $47,000.00) $47,000
Duct Cleating a ly $7,500.90 $4,600
Testing end Balanging a & Sfopno.0o} $10,000
: crate Seviee, x is $5,080.00) 36,060.00} $5,900
4 [SUSIGN 2 sonoma si
. permoiiian ry 8 32,000.00 $2,000
Electelcatwirlng, condi, connzetlons, gte' a ib $22,000.00] $42,000
- OTE RRS AAT
x | is $26,000.00) $16,000
[SIWISIIN SESE OTA IR SLUR
a | is. $4,205.00) $2,205
IPNISION ATS HATO [ASHES R SI ea
SUBTOTALS $574,488
CONTINGENCY 40.00% 857,449
GEN, CONDMONS 5.0086) $28,724
SUNBIUPRTRURELLS + ASSOCIATES,
avails Prins ltr Deaicer
pes vaihe Aviaathadin CRS
Tama) Peels sad
sencadrrpegns
OVERHEAG
2
Waterford Town Buildings HVAC Study
Waterford, CT
Page 19
Silver/Petrucelll & Associates, inc, ©
©
FIFTEEN ROPE FERRY ROAD
PHONE: 860-442-0553
WATERFORD, CT 06385-2886
www.waterfordct.org
~m
January 13, 2022 8
ce
Mr. Paul Goldstein, Moderator fe
Representative Town Meeting &
15 Rope Ferry Road =
Waterford, CT 06385 =
Dear Moderator Goldstein: o
At the meeting of the Board of Finance held, Wednesday, January 12, 2022, it was voted to recommend
as a new project to the Representative Town Meeting, for an additional appropriation in the amount of
$12,500 as a new project from Capital and Non-Recurring undesignated fund balance line #205-31520
to co-fund a new pump-out boat for Save the River-Save the Hills and forward onto the RTM for
approval.
| respectfully request you place this item on the agenda of the next meeting of the Representative Town
Meeting. Copies of backup justification are attached hereto.
Respectfully submitted,
Glenn Patterson, Chairman
Board of Finance
GP:mtm
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
wiwwavaterfordctorg
January 3, 2022
Mr. Glenn Patterson
Chairman
Board of Finance
15 Rope Ferry Road
Waterford, CT 06385
Mr. Patterson,
At their December 21, 2021 meeting, the Board of Selectmen voted to approve an
additional appropriation request from First Selectman, Robert Brule, in the amount of
$12,500 to co-fund a new pump-out boat for the Save the River-Save the Hills.
As Finance Director, I recommend that the Board of Finance consider funding this
additional appropriation from the Capital Non-Recurring Undesignated Line 205-31520.
The current balance in this line is $2,419,491.05.
If approved by the Board of Finance, the appropriation would be transferred into a new
project account number to be determined.
Vu lly,
Kimberly Allén
Finance Director
FIRTEEN ROPE FERRY ROAD
"WATERFORD, CT 66385-2886
PHONE; 860-442-0553
wwwi.waterfordet.org
December 21, 2021
Mr, Glenn Patterson
Chattman.
Board of Finatice
15 Rope Fetry Road
Waterford, CT 06385
Dear-Chaitman Patterson,
The Board of Selectmen, at theit meeting on Tuesday, December 21, 2021 voted.to approve the
following request for an additional appropriation;
First Selectman-To consider and act on the following réquést fot an additional apptopriation
from the First Selectman, Rob Brule, for Save the Rivet-Save the Hills pump out boat, in the
amount of $12,500.
Therefote, I respectfully request that you consider.and act-on this requests. [ have attached
pertitient back up matetial from the designated department.
Sincerely,
Reofert obirtale
Robert Brule
First Selectman ‘
ce: Kimberly Allen, Director of Finance
January 18, 2021
Rob Brule
Waterford, Connecticut First Selectman
15 Rope Ferry Road
Waterford, CT 06385
Dear Mr. Brule,
Save the River - Save the Hills started The Pump-Out Program over 20 years ago. With the help
of federal grants, donations from private and public entities, the program has been able to operate
successfully. Each year the Pump-Out Boat removes between 14,000 and 15,000 gallons of
waste and operates between the end of May to the beginning of November. The annual
operations and maintenance of the program is about $40,000. This includes staffing, training,
equipment, repairs, fuel, and storage. Seventy five percent of the cost is covered by a federal
grant, the other 25% is from donations.
This year, Save the River- Save the Hills has requested the Towns of Waterford and East Lyme
to support The Pump-Out Program, by contributing equal amounts of $12,500 for the purchase of
anew boat. A new Pump-Out Boat will cost us $100,000. Seventy five percent ($75,000) of the
cost will be provided by a grant through the Clean Vessel Act, administered by the DEEP. The
other 25% ($25,000) is the cost we are requesting funding to help purchase the new boat.
The current Pump-Out Boat was designed and built by Fred Grimsey 20 years ago. It is showing
its age and does not meet current safety operating standards. This boat should be used for
emergency purposes only. A new boat is an absolute necessity to maintain the future needs of
the river and bay.
The Save the River Pump-Out Program's mission is to protect the health of the Waterford and
East Lyme communities as well as aquatic health in the Niantic River.
The Waterford Finance Committee vote of YES for their contribution of $12,500 for the Pump-
Out Boat and a promising conversation with East Lyme’s First Selectman, Kevin Seery
regarding their $12,500 contribution, are positive signs of an eagerly awaited successful
conclusion from both towns. This coupled with the already secured $75,000 from the DEEP will
ensure this important program to continue.
We thank you for your consideration.
Sincerely,
Jim Paganetti, Pump-Out Program Administrator
Eileen O’Pasek, STR-STH Membership & Fundraiser Chair
PHONE: 860-442-0553
wiwwwaterfordct.org
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
October 26, 2021
Board of Selectmen
Town of Waterford
15 Rope Ferry Road
Waterford, CT 06385
Re: FY22 Addiitonal Appropriation Requests for Pump Out Boat
Jody & Beth,
The Save The River-Save The Hills non-profit organization has need of a new pump out boat. This boat
- plays an integral role in keeping the Niantic River Clean. The boat provides a vital service to all boaters
on the river between the towns of Waterford and East Lyme.
The Save The River-Save The Hills organization was awarded a federal grant through the Connecticut
Department of Energy & Environmental Protection in the amount of $124,672.50, A portion of the
grant will be used to purchase a new pump out boat. The Town of East Lyme has promised a
contribution of $12,500 and the Save The River —Save the Hills has requested that the Town of
Waterford match their contribution.
On behalf of the Town of Waterford, I am requesting an additional appropriation of $12,500 for a town
match towards the purchase of a new pump out boat.
Regards,
Robert J. Brule
Robert J. Brule
First Selectman
C: Kim Allen, Director of Finance
Gonnecticul. Department
“ENVIRONMENTAL
PROTECTION
a
PO Box 280°-014 16371 0280
je
“Alfizniative Action/Equal “Oppetiusity Employer
Save the River-Save the Hills, inc.
Clean Vessel Act Application 2022
itemized Spreadsheet
Cost Category {Expense Detail Total
1—- Personnel Administrator $8,500.00/year |S 8,500.00
Coxswain $112.00/day * 80 | $ 8,960.00
Deckhand $104.00/day *g0 75 8,320.00
Personnel Total S$ 25,780.00
2 ~— Contractual N/A
3 — Operating Gas / Oil $3,000.00!
Cell Phone $750.00)
Operating Exp Total $3,750.00
4—Boat Expenses {Dockage/Storage $950.00
Insurance $4,600.00
Boat Expenses Total $5,550.00]
. Spring
5 - Equipment woes $500.00
Commissioning :
Fall Power Wash & |
Trailer Haul $900.00
Winterize, Shrink
1,800.00
Wrap, Oil Change 3
Haul for Repairs $900.00
Repair Labor $1,000.00 ;
Equipment Total $5,100.00
6 — Sewage Waste N/A
Removal
Hand Soap, Boat
7 — Supplies Soap, Other PPE, $600.00
Misc.
8 — Construction
N/A
/installation /
Subtotal $40,730.00
9— Other New Boat Purchase ” $125,500.00
Grand Total
$166,230.00
Attachment C 2022 STR-STH Itemized Budget v2
10/19/2021 9:17 AM
PERSONAL SERVICE AGREEMENT / GRANT / CONTRACT Calender Year 2021 Boating Season STATE OF CONNECTICUT
Rev, 8/30/2019 (DEEP Electronic Format) Clean Vessel Act Grant Program DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
CHECK ONE:
EQ GRANT : ,
(1 PERSONAL SERVICE AGREEMENT
4, THE STATE BUSINESS UNIT AND THE CONTRACTOR AS LISTED BELOW HEREBY ENTER INTO AN AGREEMENT (i) (2) !DENTIFICATION #s,
SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN ANDIOR ATTACHED HERETO AND SUBJECT TO THE ORIGINAL es, 2021-30
PROVISIONS OF SECTION 4.98 OF THE CONNECTICUT GENERAL STATUTES AS APPLICABLE, aa
2, ACCEPTANCE OF THIS CONTRACT IMPLIES CONFORMANCE WITH TERMS AND-CONDITIONS SETFoRTH ay tHE | L_] AMENDMENT PO.
OFFICE OF POLICY AND MANAGEMENT PERSONAL SERVICE AGREEMENT STANDARDS AND PROCEDURES,
(3) CONTRACTOR NAME 4)
Save the River - Save the Hills Inc: ARE YoupREsENTLYA STATE [ves D}no
CONTRACTOR EMPLOYEE?
. CONTRACTOR ADDRESS CONTRACTOR FEINISSN
35 Oswegatchie Road, Waterford, CT 06385 : SAVETH3767
STATE (6) AGENCY NAME AND ADDRESS (6) Dept No.
AGENCY DEEP - Bureau of Outdoor Recreation, 79 Elm Street, Hartford, CT 06106-5127 . DEP43000
CONTRACT (7) DATE (FROM) THROUGH (TO) (8) INDICATE
PERIOD Upon execution 12/31/2021 L_]wasteracreement [_] conrrac AWARD NO, NEITHER
(8) CONTRACTOR AGREES TO; {Inclide special provisions - Atfach additional blank sheets if necesgary,}
1. Performance: Do, conduct, perform or cause to be performed in a satisfactory and proper manner as determined by the
Commissioner of Energy and Environmental Protection, all work described in Appendix A, which is attached hereto and made a part
hereof.
Appendix A consists of four pages numbered A-1 through A-4 inclusive.
COMPLETE
DESCRIPTION
OF SERVICE Page 1 of 10
Standard Terms and Conditions are contained in Pages 2 through 10 and are attached hereto and made a part hereof.
Operation and Maintenance of a Pumpout Vessel
(i)PAYMENT TO BE MADE UNDER THE FOLLOWING SCHEDULE UPON RECEIPT OF PROPERLY EXECUTED AND APPROVED INVOICES,
Cost and Schedule of Payments is attached hereto as Appendix B, and made a part hereof. (Appendix B consists of one page
COST AND numbered B-1).
SCHEDULEOF =|
PAYMENTS
.
Total Payments Not to Exceed the Maximum Amount of $29,325.00.
(11) OBLIGATED AMOUNT :
$29,325.00 ; : :
(12) (13) (14) ( (8) (7) (8) (20) @)
Amount Dept Fund $i Program Project Activity Bud Ref Agency CF 4 AgencyCF2 ~ Account
$28,325.00 DEP44434 42060 20954 64012 DEPA00002007413 155058 56050
An individual entering into a Personal Service Agreement with the State of Connecticut fs contracting under a “work-for-hire" arrangement, As such, the individual Is an independent contractor,
and does not satisfy the characteristics of an employee under the common law rules for determining the employer/employee relationship of Internal Revenue Code Section 3124 (a) (2).
Individuals performing services as independent contractors are not employees of the State of Connecticut and are responsible themselves for payment of all State and local income taxes,
federal income taxes and Federal insurance Contribution Act (FICA) faxes.
{23} STATUTORY AUTHORITY CGS Sec, 4-8 as amended; GGS Sec, 22a-6(a)(2) as amended
: CGS Sec. 7-148(c) as amended (mun, auth.)
eae ; TRACTOR ea.) vena? ae RE) iim pout Administrator ONE 14-2021
(25)AGENCY (AUTHORIZED OFFIAL) = TITLE DATE
: Chief, Bureau of Outdoor Recreation
* (26) ATTORNEY GENERAL {APPROVED AS TO FORM) ‘ : DATE
ACCEPTANCES AND APPROVALS
DISTRIBUTION: | CONTRACTOR AGENCY FUNDS AVAILABLE: DATE:
rn
+
STANDARD TERMS AND CONDITIONS Rev. 8/30/2019)
1
Definitions:
(a) State. The State of Connecticut, including the Department of Energy and Environmental Protection and any office, department,
board, council, commission, institution or other agency of the State.
(b) Commissioner. The Commissioner of Energy and Environmental Protection or the Commissioner’s designated agent.
(c) Parties. The Department of Energy and Environmental Protection (DEEP or Agency) and the Contractor.
(d) Contractor Parties. Contractor Parties shall be defined as a Contractor’s members, directors, officers, shareholders, partners,
managers, principal officers, representatives, agents, servants, consultants, employees or any one of them or any other person or entity
with whom the Contractor is in privity of oral or written contract and the Contractor intends for such other person or entity to Perform
under the Contract in any capacity. To the extent that any Contractor Party is to participate or Perform in any way, directly or indirectly
in connection with the Contract, any reference in the Contract to the “Contractor” shall also be deemed to include “Contractor Parties”,
as if such reference had originally specifically included “Contractor Parties” since it is the Parties’ intent for the terms “Contractor
Parties” to be vested with the same respective rights and obligations as the terms “Contractor.”
(e) Contract. This agreement, as of its Effective Date, between the Contractor and the State for any or all goods or services as more
particularly described in Appendix A.
(Execution. This contract shall be fully executed when it has been signed by authorized representatives of the parties, and if it is for
an amount of Twenty-five thousand dollars ($25,000.00) or more, by the authorized representative of the state Attorney General's office.
(g) Exhibits, All attachments, appendices or exhibits referred to in and attached to this Contract are incorporated in this Contract by
such reference and shall be deemed to be a part of it as if they had been fully set forth in it.
(h) Records. For the purposes of this Contract, records are defined as all working papers and such other information and materials as
may have been accumulated by the Contractor in performing the Contract, including but not limited to, documents, data, plans, books,
computations, drawings, specifications, notes, reports, records, estimates, summaties and correspondence, kept or stored in any form.
(@) Confidential Information. Confidential Information shall mean any name, number or other information that may be used, alone or
in conjunction with any other information, to identify a specific individual including, but not limited to, such individual's name, date of
birth, mother's maiden name, motor vehicle operator's license number, Social Security number, employee identification number,
employer or taxpayer identification number, alien registration number, government passport number, health insurance identification
number, demand deposit account number, savings account number, credit card number, debit card number or unique biometric data such
as fingerprint, voice print, retina or iris image, or other unique physical representation. Without limiting the foregoing, Confidential
Information shall also include any information that the Department classifies as “confidential” or “restricted.” Confidential Information
shali not include information that may be lawfully obtained from publicly available sources or from federal, state, or local government
records which are lawfully made available to the general public. ‘
(j) Confidential Information Breach. Confidential Information Breach shall mean, generally, an instance where an unauthorized person.
or entity accesses Confidential Information in any manner, including but not limited to the following occurrences: (1) any Confidential
Information that is not encrypted or protected is misplaced, lost, stolen or in any way: compromised; (2) one or more third parties have
had access to or taken control or possession of any Confidential Information that is not encrypted or protected without prior written
authorization from the State; (3) the unauthorized acquisition of encrypted or protected Confidential Information together with the
confidential process or key that is capable of compromising the integrity of the Confidential Information; or (4) if there is a substantial
tisk of identity theft or fraud to the client, the Contractor, the Department or State,
(&) Claim. Claim shall mean, all actions, suits, claims, demands, investigations and proceedings of any kind, open, pending or
threatened, whether mature, unmatured, contingent, known or unknown, at law or in equity, in any forum.
Audit Requirements for Recipients of State Financial Assistance. For purposes of this paragraph, the word "contractor" shall be deemed
to mean "nonstate entity," as that term is defined in Section 4-230 of the Connecticut General Statutes. The contractor shall provide for
an annual financial audit acceptable io the Agency for any expenditure of state-awarded funds made by the contractor. Such audit shall
include management letters and andit recommendations. The State Auditors of Public Accounts shall have access to all records and
accounts for the fiscal year(s) in which the award was made. The contractor will comply with federal and state single audit standards as
applicable.
Forum and Choice of Law, The parties deem the Contract to have been made in the City of Hartford, State of Connecticut, Both parties
" agree that it is fair and reasonable for the validity and construction of the Contract to be, and it shall be, governed by the laws and court
decisions of the State of Connecticut, without giving effect to-its principles of conflicts of laws. To the extent that any immunities provided
by Federal law or the laws of the State of Connecticut do not bar an action against the State, and to the extent that these courts are courts
of competent jurisdiction, for the purpose of venue, the complaint shall be made returnable to the Judicial District of Hartford only or shall
be brought in the United States District Court for the District of Connecticut only, and shall not be transferred to any other court, provided,
however, that nothing here constitutes a waiver or compromise of the sovereign immunity of the State of Connecticut. The Contractor
waives any objection which it may no