Representative Town Meeting Regular Meeting (linked)
agenda center agenda
| Board/Commission | Representative Town Meeting (RTM) |
|---|---|
| Meeting Date | October 02, 2023 |
| Pages | 99 |
| File Size | 8.2 MB |
| OCR Status | Searchable (OCR processed) |
| Source URL | Original |
Document Preview
Full Text (OCR Extracted)
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
ZTaTMmooOD>
bas
PHONE: 860-442-0553
www.waterfordct.org
Ay
E
AGENDA
REPRESENTATIVE TOWN MEETING
REGULAR MEETING
Revised (Item 3 added)
Monday, October 2, 2023
7:00pm — Waterford Town Hall
dis
7a
G&
z
Nis
GYO3FY sos
Zdic
SE
Pledge of Allegiance
Roll Call
To consider and act upon the minutes of the August 7, 2023 Regular Meeting.
Correspondence
Public Comment
Committee reports and referrals
Appointee & Liaison updates
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 $755,369 from the
Undesignated Fund Balance Line of the Capital Nonrecurring
Expenditure Fund (CNR) Line #205-31520 to Line #20531-57816 (Old
Norwich Road Pump Station).
. To consider and act upon a recommendation from the Board of Finance
for an appropriation in the amount of $6,547.47 from the Undesignated
Fund Balance Line of the Capital Nonrecurring Expenditure Fund
(CNR) Line #205-31520 to Line #20501-57639 (Revaluation).
NE Edge Data Center Status Update.
To consider and act upon a motion to discuss security matters pertaining
to Waterford Town Buildings and Schools in Executive Session.
To consider and act upon a recommendation from the Board of Finance
for an additional appropriation in the amount of $1,982,900 from the
Undesignated Fund Balance Line of the Capital Nonrecurring
Expenditure Fund (CNR) Line #205-31520 to Line #20560-57842
(School Security) for safety measures for town and school facilities.
I. New Business
J. Adjournment
BIFTEEN ROPE BERRY ROAD
WATERFORD; CT 06385-2886
PHONE) 860°442-0553
www,waterfordet.org
t18
‘Geo 48a f
QUG93u 204 GIAOSY
sgi
cs
iy
MINUTES
REPRESENTATIVE TOWN MEETING
Regular Meeting
August.7,.2023
HW bo OA
ID'6e!
a
Moderator Paul Goldstein called the August 7, 2023 Regular Meeting. of the Representative Town
Meeting to order at:7:00 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENT: Michael Bono, Jennifer Bracciale, Mary Childs, Harry.Colonis, Timothy Condon, Thomas J.
Dembek, Susan Driscoll, Timothy Fioravanti (7:25), Steve Garvin, Nick Gauthier, Kevin Girard, Paul
Goldstein, Kristin Gonzalez, Ryan Healy, Lindsay Khan, Jennifer Kobi, Cheryl Larder, Theodore Olynciw,
Dah Radin, Michael Rocchetti, Danielle Steward-Gelinas, David Sugrue, David Welch
ABSENT: Kyrah Augmon Bossa, Richard Holmes
EX-OFFICIO. MEMBERS PRESENT: First Selectman Robert J. Brule, Selectman Richard Muckle, Chair of the
Board of Education Pat Fedor:
EX-OFFICIO: MEMBERS. ABSENT: Chair of the Board of Finance Glenn Pattérson
ALSO PRESENT: Town Clerk David L. Campo, Town Attorney Robert Avena, and’ Finance Director Kim
Aller;
AGENDA ITEM C-~- june 5,.2023 Regular and June 22, 2023 Special Meeting Minutes
MOTION by Steward-Gelinas, seconded by Bracciale, to approve the June.5, 2023.and the June 22, 2023
Minutes.as presented:
MOTION PASSED: Unanimous
AGENDA ITEM _D:- CORRESPONDENCE:
The following items were received for correspondence: American Rescue Funds Quarterly Report,
Capital Project Quarterly report, a letter requesting the acceptance ofa contributed gift from Finance
Director Kim Allen. Recommendations from the Republican Town Committee for the Ethics Commission
and Police Commission vacancies. Recommendations from the Democratic Town Committee for the
Police: Commission vacancy. Letter of interest, resume, and written public comment from Christopher
Jones and Christopher Gamble. A.committee report from Public Heaith, Recreation:and Environment
Standing Committee Chair Michael Bona. An item in regard to vacant properties and a project status
report on the Oswegatchie Fire House Building Committee from RTM Member Ted Olynciw;
1 RTM MINUTES 08/07/2023
PUBLIC COMMENT
Police Commission Member Christopher Gamble spoke in regard to his desire to be appointed to the
Police Commission. (See Attachment)
Christopher Jones submitted a letter of Public Comment in regard to his desire to be appointed to the
Police Commission. (See Attachment}
AGENDA ITEM F — COMMITTEE REPORTS AND REFERRALS
It was noted that a committee report was received from Public Health, Recreation and Environment and
could be addressed in New Business. (See Attachment)
CALL ITEM 4 ~ Community Center Building Management Upgrade
PRESENTATION: Director of Public Works Gary Schneider
MOTION by Steward-Gelinas, seconded by Bono, to approve a recommendation from the Board of
Finance for an appropriation in the amount of $300,000 from the Unassigned Fund Balance of the
General Fund for a new Capital Non-Recurring Project (account to be determined) for Community
Center Building Management System (BMS) Upgrades.
MOTION PASSED: Unanimous
MOTION by Olynciw, seconded by Gonzalez, to waive the 15 day waiting period.
MOTION PASSED: 21-2-0 (Larder, Radin voted against)
CALL ITEM 2 — Telephone System Upgrade
PRESENTATION: Directors of Information Technology, Mark Geer (BOE) and Jeffrey Robillard (Town)
MOTION by Steward-Gelinas, seconded by Dembek, to approve a recommendation from the Board of
Finance for an additional appropriation in the amount of $581,700 from the CNR Undesignated Fund —
Balance Line #205-31520 to Capital Non-Recurring Project Line #20547-57860 (Telephone System
Upgrade). ‘
MOTION PASSED: Unanimous
MOTION by Bono, seconded by Condon, to waive the 15 day waiting periad.
MOTION PASSED: 21-2-6 (Larder, Radin voted against}
CALL ITEM 3 -Town-Wide Camera System
PRESENTATION: Director of information Technology Jeffrey Robillard.
MOTION by Steward-Gelinas, seconded by Rocchetti, to approve a recommendation from the Board of
Finance for an appropriation in the amount of $84,914 from Capital and Non-Recurring Project Line
#20547-57847 (Tawn-Wide Camera System).
MOTION PASSED: 22-1-0 (Larder against)
CALL ITEM 4 — Fiber Upgrade
PRESENTATION: Director of Information Technology Jeffrey Robillard.
MOTION by Steward-Gelinas, seconded by Dembek, to approve a recommendation from the Board of
Finance for an appropriation in the amount of $1,126 from Capital and Non-Recurring Project Line
#20547-57846 (Fiber Upgrade).
MOTION PASSED: Unanimous
2 RTM MINUTES 08/07/2023
CALL ITEM 5 - Curb Replacement/Sandy Hollow Drive
PRESENTATION: Director of Public Works Gary Schneider
MOTION by Steward-Gelinas, seconded by Dembek, to approve a recommendation from the Board of
Finance for an additional appropriation in the amount of $100,000 from the Unassigned Fund Balance
of the General Fund to Line #33023-55901 (Curb replacement/Sandy Hallow Road).
A friendly amendment was requested by Gauthier, and accepted to change “Road” to “Drive”,
MOTION PASSED: 22-1-0 (Larder against)
CALL ITEM 6 - Town Hall Bathroom Renovations
PRESENTATION: Director of Public Works Gary Schneider
MOTION by Steward-Gelinas, seconded by Rocchetti, to approve a recommendation from the Board of
Finance for an appropriation in the amount of $180,000 from the CNR Undesignated Fund Balance Line
#205-31520 to Capital Non-Recurting Project Line #20511-57879 (Town Hall Bathroom renovations)
MOTION by Larder, seconded by Rocchetti, to reduce the request by $55,000 for a new total of
$125,000.
MOTION PASSED: Unanimous
ORIGINAL MOTION WITH AMENDMENT
MOTION PASSED: Unanimous
MOTION by Driscoll, seconded by Steward-Gelinas, to waive the 15 day waiting periad.
MOTION PASSED: 22-1-0 (Larder voted against}
CALL ITEM 7 — Plastic Water Service Connections
PRESENTATION: Director of the Utility Commission James Bartell
MOTION by Steward-Gelinas, seconded by Bono, to approve a recommendation from the Board of
Finance for an additional appropriation in the amount of $181,300 from the CNR Undesignated Fund-
Balance Line #205-31520 to Capital Non-Recurring Project Line #20531-57881 (Plastic water Service
Connections).
MOTION PASSED: Unanimous
CALL ITEM 8 — Old Norwich Road Paving
PRESENTATION: Director of Public Works Gary Schneider, Director of the Utility Commission James
Bartell
MOTION by Steward-Gelinas, seconded by Dembek, to apprave a recommendation from the Board of
Finance for an appropriation in the amount of $1,053,000 for a new Capital Non-Recurring Project
{number ta be determined), Old Norwich Road Paving from the Unassigned Fund Balance of the
Generai Fund.
MOTION PASSED: Unanimous
CALL ITEM 9 - Ethics Commission Appointment
NOMINATION by Steward-Gelinas, seconded by Rocchetti, to appoint Alan Messier, 63 Colonial Drive, as
a Regular Member of the Ethics Commission. (Term 02/07/2022 - 02/05/2024)
VOTING IN FAVOR: Unanimous
MESSIER appointed to the Ethics Commission.
3 RTM MINUTES 08/07/2023
CALL ITEM 10 ~ Police Commission
NOMINATION by Rocchetti, seconded by Bracciale, to appoint Christopher Jones, 14 Twin Lakes Drive, as
a member of the Police Commission. (Term 08/07/2023 — 08/02/2027)
NOMINATION by Bono, seconded by Radin, to reappoint Christopher Gamble, 18 Cottage Lane, as a
member of the Police Commission(Term 08/07/2023 ~ 08/02/2026)
VOTING IN FAVOR of JONES: Bracciale, Cotonis, Condon, Dembek, Garvin, Girard, Goldstein, Racchetti,
Steward-Gelinas, Sugrue
VOTING AGAINST JONES: Bono, Childs, Driscoll, Floravanti, Gauthier, Gonzalez, Healy, Khan, Kohl,
Larder, Olynciw, Radin, Weich
JONES failed to get Majority
VOTING IN FAVOR OF GAMBLE: Bona, Childs, Condon, Driscoll, Fioravanti, Gauthier, Girard, Gonzalez,
Healy, Khan, Kohi, Larder, Olynciw, Radin, Sugrue, Welch
VOTING AGAINST GAMBLE: Bracciale, Colonis, Dembek, Garvin, Goldstein, Rocchetti, Steward-Gelinas
GAMALE appointed to the Police Commission.
NOMINATION by Gauthier, seconded by Larder, to appoint James Dimmock, 10 Old Barry Road, as a
member of the Polica Commission. (Term 08/07/2023 — 08/02/2027)
VOTING IN FAVOR OF DIMMOCK: Bona, Childs, Driscoll, Fioravanti, Gauthier, Girard, Gonzalez, Healy,
Khan, Kohl, Larder, Olynciw, Radin, Weich
VOTING AGAINST DIMMOCK: Bracciale, Colonis, Condon, Dembek, Garvin, Goldstein, Rocchetti,
Steward-Gelinas, Sugrue
DIMMOCK appointed to the Police Commission.
NEW BUSINESS:
MOTION by Dembek, seconded by Racchetti, to add to the agenda a request from Finance Director Kim
Alien to depasit a check for $15,000 from the Gardiner Family Foundation to be used for Town of
Waterford’s Children Support Services.
MOTION PASSED: Unanimous
MOTION by Dembek, seconded by Rocchetti, to approve a request from Finance Director Kim Allen to
deposit a check for $15,000 from the Gardiner Family Foundation to be used for Town of Waterford’s
Children Support Services.
MOTION PASSED: Unanimous
Representative Condon noted that the body has still not received the steering document and strategic
plan from the Fire Services Review Special Committee that outlines procedures, staffing, performance
and any findings/recommendations that will enhance public safety in regard to fire services. This was
part of the committee’s original charge. The decision to approve an Oswegatchie Fire Station Building
Committee was facilitated by the fact that this report would be provided.
Representative Dembek informed the body that he had information in response to Olynciw’s report (See
attachment) and would forward that to him.
4 RTM MINUTES 08/07/2023
Representative Borio, Chair of the Public Health, Recreation and Environment Standing Committee,
noted that due to time restraints he would introduce-his committee’s findings at the October Meeting of
the RTM.
Representative Olynciw. will to discuss fils concerns-over town owned, vacant properties at the October
Meeting of the RTM.
MOTION by Rocchetti, seconded by Colonis, to adjouitt passed tnianimiously at 9:23 P.M.
ell ae
avid L. 8 L Goregy
Town Cleric
5 RTM MINUTES 08/07/2023
Public input for Monday August 7, 2023 RTM meeting
August 6, 2023
To the Waterford Representative Town Meeting:
. | appreciate and val
Sincerely,
Christopher M, Gamble
ene E
QZ OV L- Say fA
"QUO AMA IVA
quod HOS GAAOFY
i
th
WA
Algo
ys
rere
te)
August 7, 2023
ouoasu ios
7? A
Pa
RIM Meeting
wus
a
oe
1a:
mim
The L~ 997 ¢
Good afternoon, members of the RTM.
Tam currently on vacation and tegtettably cannot deliver my public comment to you in person.
T tespectfully-request your endorsettierit for the Republican Police Commission position, My
expetience on vatious local boards and my activity within the Waterford community make:me the
best fit for this position, and I ask that you consider my request.
Waterford has been my home since: 1987. [ have been a long-standing member of the Jordan Fire
Department, served on. the Waterford Week Committea, and was elected to the Board of Education
fn. 2016. I am a-member of several local boards that impact Waterford citizens, like the Juvenile
Review Board.
Words, cannot express the passion I have to be-named to the Waterford Police Commission, As an
African Ametican finan, I feel itis vital to have a commission that-includes someone with the skillset,
expetience, education, and love for our community that I have. It is also ctitical to have a diverse
commission; gender, skin colog, age, skill sets, and previous boatd experience are all important
qualities to look-for when comprising « boatd. The current board doesn’t offer a lot of diversity, and
my ptesence:on itis a step in the Hight direction.
Because the Police Cotmmission is a civilian oversight board, my qualifications make me-an asset. P've
wotked hard while serving on many boards to cteate transparency-and accountability procedutes. I
strongly believe in taking care of people, including offering mental health, finance, and education
suppott as'needed, My greatest strength js. my ability to work with all peaple in.a bipattisan and
collegiaté manner. Judgments made by me are based on facts-and evidence, I do my research, and I
look out for the:greater best interest,
Lunderstand I will need to resign as a member of the Board of Education if appointed to the Police
Commission. Please know P’veattended 97% of the Watetford BOE meetings and.95% of the
Juvenile Review Board meetings while serving, It is tare fot mie to miss meetings, and I take my toles
quite setiously. I’ve enjoyed my time as a BOE member, especially the initiative to reduce energy
costs in all school buildings. However, I atn seeking anew opportunity to use my skill set and.
knowledge to ‘better oug community,
Youw suppost for me as the Republican Police Commission ‘member is greatly appreciated, I hope
you'll refer to my resume and cover letter for specifics about my qualifications. Thank you. for your
tithe.
PO BOX 498
WATERFORD, CONNECTICUT 06385
960-625-4311
CRFROGG@GMAIL.COM
FIFTEEN ROPE'PERRY ROAD
WATERFORD; CT 06385-2886
PHONE: 860-442-0553
www.waterfordct.org
PUBLIC HEALTH, RECREATION AND ENVIRONMENT STANDING COMMITTEE OF THE
RTM COMMITTEE REPORT
Review of the Noise Ordinance (Chapter 9.06. — Noise Control), rie 10/4/2022
Background
At the RTM Regular Mesting on October 4, 2022 following public comment and discussion The
RTM vated unanimously to refer the review of the Noise Ordinance (Chapier 9.06 — Noise
Control) to the Public Healttt Recreation & Environment. Standing Committee of the RTM
Summary
Recommendation
At the July 12, 2023 mesting the committee unanimously recommended the issue aut of
comimitiee with no action taken to ordinance, but recommended the RTM forward the attached
letter to Planning and Zoning.
Attachments.
Minutes and supporting decuments available online and/or by request,
Respectfully submitted,
Michael Bono
Committee Chair
duly 12, 2023
To: Mr, Paut Goldstein, Maderator RTM
At the RTM Regular Meeting an October 4, 2021 following public comment and discussion The
RTM voted unanimausly to refer the-review of the Noise Ordinance (Chapter 9.06 —. Noise
Central) to the Public. Health Recreation & Environment Standing Committee of the RTM. The
standing committee convened four times. since receiving its charge, After considerable research
and deliberation the consensus of the Public Haaith
committee of the RTM is that creating a more enfo
residents and businesses.
, Recréation and Environment standing
rceable ordinance may be tod restrictive to
Residents expressed through counsel at the dJanua
Environment Standing Committes meeting,
fhrough the Pla
Cornmittae re.
ry’ 30, 2023 Public Health, Recreation and
that the remedy to their concern best be addressed
inning and Zoning Commission and not through ardinance. Thus, the Standing
commends the RTM asks the Planning and Zoning Commission to review its
Process of issuing special permits ta address:the potential confiuence of residential and
commercial zones. Please see attached letter the Co:mmittee recommends for the. RTM to
forward to the Planning and Zoning Commission.
Sincerely,
Michael A. Boro
wa 2]
Chair Public Health, Reéereation and Environment & ae
District 4 - Reprasentative Town Meeting t Be
a? peut
1 ae
ik on
Aisg
goon]
U SR
mr oS
ad ba?
L fer)
Proposed letter‘from RTM (through Moderator Paul Goldstein:to P & Z Chait Gregory Massad)
Dear Chairman Massad:
Lam. writing on behalf of the Representative Town Mesting which voted at its August 6,
2023 meeting, per the recommendation of the Public Health, Recreation and Environment
Standing Committee, to communicate to the Planning and Zoning Commission the RTM’s
request that the Commission consider revisiting the process under which special permits:may be
issued for outdoor accessory dining. The Standing Committee conducted a numberof meetings
in late 2022. and early 2023 to consider potential.amendments and garnered input from-many
residents regarding potential strategies for mitigating the effects of music associated with
outdoor dining emanating from commercial activities. Since-the issuance of these special
permits there have. been public disturbances that have been communicated te the Public Health,
Recreation and Environment Committee that the Town was unable to address, This is in part why
Wwe ate asking you to review issuance of these special permits. The clear sentiment expressed to
the Standing Committee was that the better approach to addressing this iasue was potential
revisions. to the outdoor dining special permit process rather than atnending our current noise
ordinance,
The Standing Committee asked the full RTM to pass on this suggestion to your
Commission while. recognizing that such potential revisions to your regulations is-fully within
the purview of your Commission. On behalf of the RTM, we appreciate your consideration of
this request, The Subcommittee report summarizing PHRE committee deliberations is attached,
Sincerely;
Paul Goldstein
Moderator RTM
R- 98
OAS
guooss BOs OSAOSY
4,Sa
45°S
not
August 3;'2023
Mema tas RTM. . :
_ Brom: Ted lynch, Member of the Building: Committe ce
» Rat ‘Oswegatchie Flre House ‘Builelinig Committee « .
PROJECT. STATUS
af
[
I
I
|
f ; 1. There is no contract agreements ih. place Betwedn the Town andl the Fi
tranater of the land to the Town af Waterford 7The Fite Coinpany al
building ane. ardunds. Our Town Attorney: ris werking with the Aiton
“Company. :
re company: regarding the.
re) requires.a leasé-fortha’
ney representing the: Fires
,
; The. Committee hired ¢ a consultant to assist the i= 'S Purchasing Department to ‘develop a
Request for Proposal {RFP} for Architectural and *ngineering Services using the existing plans . -
Prepared hd the previous Architect DRA. .
hae na records of any septic: of. fie ail tanks,
efore, the Conimittes will beasking the Town's
Evironmental survey of ‘the property,
a 3. “Both the. Building & Fire Marshall's Department
my ‘aver heing installed, removed, or replaced, aie
Purchasing |Dept. te request bids fora Phase t
4. The Committee will start discussing Space & Side needs at its next meeting.
Respectfully submitted,
. Ted Olynciw, &
; . 62,TWin Lakes Drive
“
Waterford, Cro63as.
taeih
i] BaKtga3u ;
isd
. GaGITY UO
Subject: District 4 Concerns Regarding Proposed Data Centers at Millstone
To: Waterford RTM and Board of Selectmen
From: Representative Dan Radin, District 4
Date: September 8, 2023 .
Dear RTM and Board of Selectmen —
| am writing to share the concerns of District 4 residents who have contacted me regardirig the proposed Data
Center at Millstone. Till CLERK
While it is my understanding from speaking with Town Attorney Kepple that the RTM has no authority over the
Board of Selectmen’s vote authorizing the First Selectman to sign the Memorandum of Understanding (MOU)
with the NE Edge, the Data Center developer, this memo seeks to elevate the voices within our community
who are concerned about this project.
NOISE IMPACT
Many residents are deeply concerned about the potential noise impact of the Data Center on their homes and
community. They believe that the noise measurement provisions in Section 8 of the MOU do not adequately
protect our town. Here are some of the concerns raised about noise by residents:
e Bias: The MOU relies on the Owner's Consultant for sound analysis and design, which raises concerns
about their bias in favor of the Data Center operator. There is a need for a more balanced and impartial
evaluation process.
e Lack of Specific Noise Standards: The MOU does not specify the actual noise standards or criteria
that must be met, leaving room for ambiguity and potential disputes about what constitutes an
acceptable noise level.
e Limited Community Input: The MOU does not clearly outline opportunities for meaningful community
input into the sound analysis and design process, which could leave residents excluded from decisions
that directly affect their quality of life.
e Enforcement and Compliance: The MOU does not clearly define how non-compliance with noise
standards will be addressed or enforced, leaving the town potentially vulnerable to noise-related issues.
e Lack of Flexibility: The MOU does not provide mechanisms for adapting to changing legislation,
circumstances, or addressing unforeseen issues related to noise pollution over time.
In my February 20 memo to the RTM and BoS, | recommended that:
e = The First Selectman condition signing on NE Edge committing to take all available: i
measures to design the proposed data centers with architectural, construction, and Lod
considerations to minimize the noise inherent to operating data centers.
e The town engage an independent noise control engineer to interpret the Owner's
Consultant design report and provide guidance to the town in determining if additional
measures should be taken in designing the data centers to minimize noise.
| continue to stand by these recommendations on behalf of our town and community. To further reiterate from
that memo, “We can deal with it now, or we will deal with it later, with unhappy constituents. It is a certainty.”
To mitigate the concerns and vulnerabilities of Section 8 of the MOU, it is essential to establish clear, specific,
and impartial noise standards, involve the community in the evaluation process, and establish transparent
mechanisms for enforcement and compliance. The MOU should be revised to ensure it provides sufficient
protections for the town and residents in case of legislative changes or unforeseen issues related to noise
impact.
SPECIAL MEETING HELD ON SHORT NOTICE
Many residents felt exctuded from participation in public commentary due to inadequate communication and
short notice of the February 22, 2023 Joint Special Meeting of the Board of Selectmen and RTM regarding the
Data Center project. Residents expressed the following concerns:
e Inadequate Public Communication: Many community members were unaware of the Special Meeting
until it had occurred. The ineffective public communication left residents feeling excluded from the
decision-making process in their town.
e Perceived Exclusion: Residents feel that the Special Meeting was organized in a way that was
designed to minimize public commentary and participation, undermining transparency and community
engagement.
ENVIRONMENTAL IMPACT
Residents raised many issues with the potential environmental impact.
e Energy Consumption: While the deal framework—connecting the Data Centers directly to Millstone
nuclear power—is commendable in that it portends to incentivize Dominion to continue operating
Millstone, residents raised two concerns: what would happen in the case that Dominion made the future
decision to cease operating Millstone and where the energy would come from to supply the Data
Centers in that case; and if the energy consumption by the Data Centers might lead to more
consumption of carbon-based energy by the town and region if the Data Centers’ usage were to push
Millstone to capacity.
e Cooling: Data Centers generate substantial heat, requiring extensive cooling systems. The extraction
of large amounts of water for cooling purposes can impact town water resources and aquatic
ecosystems. The release of warm water back into local water bodies can also affect aquatic life.
e Air Emissions: Data Centers can release air pollutants, including particulate matter and volatile
organic compounds through their cooling and ventilation systems. These emissions can have adverse
effects on air quality and public health.
e Noise Pollution: As previously noted, Data Centers can produce noise from their equipment and
cooling systems. Excessive noise levels can disrupt the local environment and negatively impact the
quaiity of life for residents.
e Water Usage and Quality: Data Centers require a reliable water supply for cooling, and the withdrawal
of significant amounts of water can strain local water sources. Additionally, as previously noted, the
discharge of water used for cooling back into the environment can potentially impact water quality.
e Habitat Disruption: The construction and operation of Data Centers can disrupt local habitats and
ecosystems. This may include the clearing of vegetation and potential displacement of wildlife.
e Long-Term Sustainability: The long-term sustainability of Data Centers and their environmental
impact should be considered. As technology evolves, the Data Centers may become obsolete or
require upgrades, potentially leading to further environmental consequences.
POTENTIAL LEGAL FLAWS, RISKS, AND VULNERABILITIES
Residents who are attorneys reviewed the MOU and identified potential flaws that may leave Waterford
vulnerable to future litigation or problems without recourse. Additionally, they point out that the current
legislation governing data centers may be subject to change given the evaiving technology landscape. Here
are concerns with the MOU:
e The MOU lacks specificity in some areas, such as the exact locations and sizes of the proposed Data
Centers, the timeline for development, and details on infrastructure needs. This could create
uncertainty for Waterford.
e Waterford should clarify its rights related to approving project changes or amendments. As written, NE
Edge has broad discretion to change plans but Waterford has little recourse.
e The MOU does not discuss impacts on municipal infrastructure and services. Waterford should
consider analyzing increased demands on water, sewer, roads, emergency services, etc.
e While NE Edge must meet certain green building standards, the MOU lacks detail on other
environmental impacts and mitigation measures. Issues like noise, emissions, waste disposal etc.
should be addressed.
@ The MOU is silent on impacts to the local community during construction. Waterford may want to
negotiate controls and limits on traffic, noise, dust control, hours of operation etc.
e Waterford should ensure the MOU considers the possibility of Dominion decommissioning the
Millstone nuclear power plant and how that would impact this project and agreement.
e The MOU provides for limited access to the Data Centers by the town. Waterford should negotiate more
oversight and inspection rights.
e Waterford should ensure it has adequate security to cover the supplemental payments if they are
not made as required.
e The MOU lacks specificity on job creation, use of local labor, and other local economic impacts.
Waterford should negotiate community benefit provisions.
@ The MOU does not discuss compliance with state and local laws and regulations. Language should
be added to address permitting, zoning, codes, etc.
The MOU provides NE Edge broad rights to assign the agreement. Waterford may want to restrict
assignments or require town approval.
e The termination provisions may not provide enough flexibility or protection for Waterford if
circumstances change.
e Waterford should ensure it has adequate remedies in case of default by NE Edge. The town's legal
rights should be strengthened.
* Tax abatements are not currently tied directly to measurable job and economic goals to protect
Waterford's interests.
Itis our duty as democratically elected representatives to consider and address the concerns raised by
constituents. We must prioritize the wellbeing and interests of the community.
| urge the Board of Selectmen to thoroughly investigate and seek to understand these concerns, engage with
relevant subject-matter experts, and listen to the community in the dual interests of protection of, and benefit to
our town.
Sincerely,
Dan Radin
Representative, District 4
WATERFORD POLICE DEPARTMENT
41 AVERY LANE
WATERFORD, CT 06385-2819
Marc Balestracci (860) 442-9451 TEL
Police Chief mbalestracci@waterfordct.org
Ta: Paul Goldstein- Moderator of the RTM
Cc; David Campo-Town Clerk
From: Marc Balestracci, Chief of Police
Date: August 15, 2023
Re: All-terrain vehicle ordinance consideration
Moderator Goldstein,
In the State of Connecticut, including New London County, police departments have been challenged by the illegal
operation of dirt bikes and ATVs on public roads. Oftentimes, large groups of individuals coordinate efforts to
illegally use public roadways with these vehicles, which create extremely dangerous and confusing situations.
As the laws in Connecticut restrict some of the abilities of police to combat these street takeovers, departments in
southeast Connecticut have coordinated efforts recently in hopes of better preparing for and potentially seeking
arrest warrants forthose found involved.
During the discussions with other police departments, the City of New London ordinance referencing these
activities was mentioned as being yet another potential coordinated effort to combat this dangerous activity.
Therefore, | am respectfully requesting that the Representative Town Meeting have a committee review the City
of New London ordinance, which is attached, in consideration of drafting a similar ordinance in Waterford. |
would also. request that | speak with the committee, if assigned, as there may be certain areas of the ordinance
that may be different than the one provided by the City of New London.
bue
Thank you for any. consideration,
Marc Balestracci
Chief of Police
Waterford Police Department
ont
9
IS-av Sl
Sec. 20-11, All-terrain vehicles, mini bikes, mini motorcycles and dirt bikes on streets and
public property prohibited.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings
ascribed to them in this section:
All-terrain vehicle means a self-propelled vehicle designed to travel over unimproved terrain and which has
been determined by the commissioner of motor vehicles to be unsuitable for operation on the public highways
and also defined as any three (3) or more wheeled motorized vehicle, generally characterized by large, low-
pressure tires, a seat designed to be straddled by the operator and handlebars for steering, which Is intended for
off-road uses by an individual rider on various types of non-paved terrain. Such vehicles do not include trail bikes
golf carts, agricultural tractors, farm implements and construction machines.
7
All-terrain vehicle dealer means any person engaged in the business of manufacturing, selling, leasing or
renting alf-terrain vehicles, mini bikes, as defined by this section, mini-motorcycles, as defined by this section, or
dirt bikes, as defined by this section, at retail having a regular and established place of business within the city,
Dirt bike shall mean a two-wheeled motorized recreational vehicle designed to travel aver unimproved
terrain and not designed for travel on a highway, and also defined pursuant to General Statute § 14-390m(d) as
may be amended.
Minl-motorcycle shall mean a vehicle that has not more than three (3) wheels in contact with the ground, has
a manufactured seat height of less than twenty-six (26} inches measured at the lowest point on top of the seat
cushion without the ride, and is propelled by an engine having a piston displacement of less than fifty (50) c.c.
Pocket bikes, mini bikes, mini sport bikes, mini dirt bikes, chopper scooters, motor scooters, bicycles with
helper motors, and any other similar vehicle (hereinafter collectively “mint bikes") shall mean any wheeled vehicle
designed to transport one (1) or more persons that is powered by any type of motor.
As used in this section, "all-terrain vehicle", "mini bike", “mini motorcycle” and "dirt bike” shall not include the
following:
(1) Any registered "motorcycle" as defined in General Statute § 14-1(46);
(2) Any registered "motor vehicle” as defined in General Statute § 14-1(47);
(3) Any moped that meets Federal Department of Transportation guidelines for use on streets and is
approved by the State of Connecticut Department of Motor Vehicles for use on streets, provided,
however, the moped is operated pursuant to all applicable state laws, rules, and regulations and all city
ordinances;
(4) Any whesichair or similar mobility assisting device utilized by a person with a physical disability or
whose ambulatory mobility has been impaired due to age or physical allment;
(5) Any self-propelled snow plow, snow blower or lawn mower when used for the purpose for which it was
designed and operated at a speed not to exceed four (4) miles per hour;
(6) Any vehicle owned or leased by the city; and
(7) Any electronic assistive mobility device as defined by the City Code.
{b) Operations prohibited.
(1) it shall be unlawful for any person to operate an all-terrain vehicle, mini bike, mini motorcycle, or dirt
bike and/or for any owner of an all-terrain vehicle, mini bike, mini motarcycle, or dirt bike to knowingly
permit the operation of his/her all-terrain vehicle, mini bike, mini motorcycle, or dirt bike on any street
Created: 2022-02-10 19:42:46 (EST)
{Supp. No. 23}
Page 1 of 3
(¢)
(3)
(4)
or sidewalk in the city or on any public property, including but not limited ta school property,
playgrounds and parks, within the city.
it shall be unlawful for any person to ride as a passenger on an all-terrain vehicle, mini bike, mini
motorcycle, or dirt bike and/or for any owner of an all-terrain vehicle, mint bike, mini motorcycle, or
dirt bike to knowingly permit any person to ride as a passenger on his/her all-terrain vehicle, mini bike,
mini motorcycle, or dirt bike operated In viatation of subsection (1) above.
It shail be unfawful for any person to operate an all-terrain vehicle, mini bike, mini motorcycle, or dirt
bike, ride as a passenger on an all-terrain vehicle, mini bike, mini motorcycle, or dirt bike, and/or for
any owner of an all-terrain vehicle or mini cycle to knowingly permit its operation on any private
property, within the city, without first obtaining the written permission of the property owner if the
property is not owned by the operator, passenger, and/or owner of the all-terrain vehicle, mini bike,
mini motorcycle, or dirt bike.
This section shall not be applicable to any dirt bike being operated upon any road or highway provided
that, (i) said dirt bike is properly and validly registered with the Connecticut Department of Motor
Vehicles and (ii) is being operated in compliance with all applicable motor vehicle laws of the state.
Penaity.
(1)
Any person who operates an all-terrain vehicle, mini bike, mini motorcycle, or dirt bike in violation of
subsection (b}(4) and/or (b}(3) above, or Is the owner of an all-terrain vehicle, mini bike, mini
motorcycle, or dirt bike who knowingly permits its operation in violation of subsection (b)(1) and/or
(b)(8) above, shalt be fined up to one thousand dollars ($1,000.00) for a first violation, shall be fined up
to one thousand five hundred dollars ($1,500.00) for a second violation, and shall be fined up to two
thousand dollars ($2,000.00) for a third or subsequent violation.
Any person who rides as a passenger on an all-terrain vehicle, mini bike, mini motorcycle, or dirt bike in
violation of subsection (b)(1) above, or is the owner of an all-terrain vehicle, mini bike, mini
motorcycle, or dirt bike who knowingly permits a passenger to ride on his/her all-terrain vehicle, mini
bike, mini motorcycle, or dirt bike in violation of subsection (b){2}, shall be issued a citation.
Any police officer that observes any person in violation of this section may detain such person for
purposes of enforcing the provisions of this saction. Any all-terrain vehicle, mini bike, mint motorcycle,
or dirt bike used in violation of this section shall be seized by any police officer and shall be forfeited to
the clty, subject to any bona fide lien, lease or security Interest in the all-terrain vehicle, mini bike, mint
motorcycle, or dirt bike, including, but not limited to, a lien under General Statute § 14-G6c.
Any all-terrain vehicle, mini bike, mini motorcycle, or dirt bike ordered forfeited pursuant to this
section shall be either ({} sold at public auction conducted by the city, with the proceeds of such sale
being paid to the treasurer of the city who shall deposit such proceeds into the general fund of the
municipality, or (i) be destroyed by the city.
Posting by aif-terrain vehicle dealer, Each all-terrain vehicle dealer offering for sale, lease or rental any all-
terrain vehicle, mini bike, mini motorcycle, or dirt bike shall post this section in a prominent location at said
all-terrain vehicle dealer's piace of business, Any all-terrain vehicle dealer who violates any provision of this
section shall be fined one hundred dallars ($100.00).
Sale of gasaline for illegal purposes,
(2)
No retail dealer of gasoline shalt sell, offer for sale, or attempt to sell, any article or product
represented as gasoline for use in an all-terrain vehicle, mini hike, mini motorcycle, or dirt bike as
defined in this section, unless that vehicle Is conveyed to and from the retailer's premises by a
registered motor vehicle, as defined in General Statute § 14-1, as may be amended, and no individual
shall purchase or attempt to purchase gasoline for this purpose,
Created: 2622-92-10 19:42:46 [£81]
(Supp. No. 23)
Page 2 of 3
(2) Signs with the words "FUELING OF UNAUTHORIZED VEHICLES PROHIBITED” in English and "PROHIBIDO
DESPACHAR GASOLINA A VEHICULOS NO AUTORIZADOS" in Spanish at least one (1) inch in height with
a contrasting margin shall be posted at all dispensing locations. The location of warning signs shall be
based on local conditions but shall be visible and legible from all gas pumps.
(3) An individual or retail dealer of gasoline who violates any provision of subsections (1) and/or (2) of this
section shall be fined one hundred dollars ($100.00),
(Ord, No. 06-18-18-3, § 1)
Editor's note(s}~-Ord, No. 06-18-18-3, § 1, did not specify manner of inclusion; hence, inclusion as section 20-11 is
at the discretion of the editor,
Created: 2022-82-18 19:12:46 (€ST]
(Supp. No, 23)
Page 3 of 3
MODERATOR’S REPORT
Representative Town Meeting
October 2, 2023
Matters Currently in Standing Committees
LEGISLATION & ADMINISTRATION
Review of Chapter 2.56 — Economic Development Commission, RTC 06/06/22
Review how the RTM considers recommendations for committee assignments,
RTC 06/06/22
Public Act 22-3, an act concerning remote meetings under the freedom of
information act, RTC 02/06/23
Review of a “Public Comment Ordinance” RTC 02/06/23
EDUCATION
FINANCE, WAGE & PERSONNEL
PUBLIC HEALTH, RECREATION & ENVIRONMENT
Review of Noise Ordinance, Noise Control — Chapter 9.06, RTC 10/04/21
Review of Feral Cat Management, RTC 12/05/2022
PUBLIC PROTECTION & SAFETY
Fire Marshal Permits Fee Schedule Ordinance, RTC 10/03/22
PUBLIC WORKS, PLANNING & DEVELOPMENT
Short Term Rentals, RTC 12/06/21
duly 12, 2023
To: Mr, Paul Goldstein, Moderatar RTM
At the RTM Regular Meeting on October 4, 2021 following public comment and discussion The
RTM voted unanimously to refer the review: of the Noise Ordinance (Chapter 9.06 —
Control) to the Public Health Recreation & Environment Standing Committee of the
standing committee convened four times since receiving its charge. After considerable research
and deliberation the consensus of the Public Health, Recreation and. Environment standing
committee of the RTM is that creating a more enforceable ordinance may be too restrictive to
residents and businesses.
Noise
RTM. The
Residents expressed through counsel at the Janua
Environment Standing Committee meeting,
through the Planning and Zoning Commissi
ry 30, 2023 Public Health, Recreation-and
that the remedy to their Concern best be addressed
on and not through ordinance. Thus, the Standing
Committee recommends the RTM asks the Planning and Zoning Commission to review its
process of issuing special permits to address the potential confluerice of residentiat.and
commercial zones, Please see attached letter the Cormmittee recommends for the RTM to
forward tothe Planning and Zoning Cammission,
Sincerely,
Michael A. Bono
ms 2
j : = sal
Chair Public Health, Recreation and Environment S 058
District 4 - Representative Town Meeting = Re
tao A ES
OG ts
» oe
a Qo
ud pee]
x o
PIFTEEN ROPE FERRY ROAD
PHONE; 860-442-0553
WATERFORD, CT 06385-2886
www.waterfordet.org
PUBLIC HEALTH, RECREATION AND ENVIRONMENT STANDING COMMITTEE OF THE
RTM COMMITTEE REPORT
Review of the Noise Ordinance (Chapter 9.06 — Noise Control)tte 40/4/2022
Background
Attachments
Minutes and Supporting documents available online and/ar by request,
Pe)
tr?
Respectfully submitted, ee cnn
Michael Bono L sites
Committee Chair 2B
UG Sp
a3
ye “3
Ww 5
Proposed letter ftom RTM (through Moderator Paul Goldstein-to P & Z Chair Gregory Massad)
Deat Chaitman Massad:
Tam writing on behalf of the Representative Town Meeting which voted at its August 6,
2023 meeting, per the recommendation of the Public Health, Recreation and Environment
Standing Commiltee, to communicate to the Planning and Zoning, Commission the RTM’s
request that the Commission consider revisiting the process under which special permits.may be
issued for outdoor accessory dining, The Standing Committee conducted a number of meetings
in late 2022 and early:2023 to consider potential amendments and garnered input from many
residents: regarding potential strategies. for mitigating the effects of music associated with
outdoor dining emanating from commercial activities, Since the issuance of these special
permits there have been public disturbances that have been communicated to the Public Health,
Recreation and Environment Committee that the Town was unable to address, This is in part why
We are asking you-to review issuance of these special permits. The-clear sentiment expressed to
the Standing. Committee was that the better approach to addressing this issue was potential
revisions to the outdoor dining special permit process rather than amending our current noise
ordinance.
The Standing Committee asked the full RTM to pass on this. suggestion to.your
Commission while recognizing that such potential revisions to your regulations is fully within
the purview of your Cotnmission.. On behalf of the RIM, we appreciate your consideration of
this request. The Subcommittee report summarizing PHRE committee deliberations is attached.
Sinceraly,
Paul Goldstein
Moderator RTM
S33 iva
Ouogse wOd GSAMIFY
45*ds0
HE 2d Ae MY EW
FIFTEEN ROPE FERRY ROAD
PHONE: 860-442-0553
WATERFORD, CT 06385-2886
www.waterfordct.org
September 18, 2023
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, September 13, 2023, it was voted to
recommend to the Representative Town Meeting a FY24 additional appropriation for Line Item # 20531-
57816 in the amount of $755,369 from Undesignated Fund Balance of the Capital Nonrecurring
Expenditure Fund (CNR) Line Item # 205-31520.
| 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 F. atterson
Glenn Patterson, Chairman
Board of Finance
Enclosure: Utility Commission-Pump Station
+
GP/rlh
rr
tr
Co
1000 HARTFORD TURNPIKE WATERFORD, CT 06385
August 31, 2023
Mr. Rob Brule, First Selectman
Town of Waterford Town Hall
15 Rope Ferry Road
Waterford, CT 06385
Dear Mr. Brule,
The Utility Commission respectfully requests from the Board of Selectmen an additional
appropriation of the funds for the Old Norwich Road Wastewater Pump Station Comprehensive
Upgrade Project. Competitive bid results for this project were received on August 10, 2023. The
lowest bid received was from Holzner Construction in the amount of $2,113,850.00, bid
tabulation attached. Funds currently available for this project are $1,020,041 in ARPA funds and
$549,825 in CNR LI. # 20531-57816 for a total amount of $1,569,866.
An additional funding request in the amount of $755,369 is hereby requested in order to make up
the shortfall of available funding and allow for a 10% contingency in the event unforeseen items
are encountered during this comprehensive rehabilitation process.
Thank you.
James A, Bartelli, Director
Utility Commission
Cc: Utility Commission
Kimberly Allen, Director of Finance
Waterford,CT
Sewer
Pump
Station
Upgrades
WRIGHT-PIERCE
=
id#23-126
*
.
.
Engineering
a
Better
Environment
TABULATION
8/10/2023,
11
am
BIDDER'S
NAME
Holzer
Tucker
Mechanical|
Leed
Construction
Associated
Lawrence
Brunoli
Construction
Construction
Stem"
Cee
UES
Oty.
UNIT
“BID.”
BID
BID.
Bib
RD
Upgrades,
complete
1
Lump
sum
$2,095,850.00
$2,243,622.00
$2,337,000.00
$2,771,512.00
$3,111,000.00
L
Alowance
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
1
Alowance
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
Programming
Alowance
1
Alowance
$3,000.00
$3,000.00
$3,000.00
$3,000.00
$3,000.00
THROUGH
4)
$2,113,850.00
$2,261,622.00
$2,355,000.00
$2,789,512.00
$3,129,000.00
Bid#23-126_Old
NorwichRoadPump
StationUperades. Bid
Tabulation
2023Augustl0
FIFTEEN ROPE FERRY ROAD
PHONE: 860-442-0553
WATERFORD, CT 06385-2886
www.waterfordct.org
September 18, 2023
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, September 13, 2023, it was voted to
recommend to the Representative Town Meeting, an appropriation for Line Item # 20501-57639 in the
amount of $6,547.47 from Undesignated Fund Balance of the Capital Nonrecurring Expenditure Fund
(CNR) Line Item # 205-31520.
| 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
Glenn Patterson, Chairman
Board of Finance
Enclosure: Additional Appropriation-2022 Revaluation
GP/rlh
mm bas)
sS if
ire (se)
ow a
on Ss
“oO mera
DO
o aia
U Sa
ra
— +10
= o
ont Ee)
© =
Assessor's Office Phone: (860) 444-5820
15 Rope Ferry Road Fax: (860) 444-5819
Waterford, CT 06385
To: First Selectman, Rob Brule; Finance Director Kim Allen
From: Paige S. Walton, Assessor
Date: August 7, 2023
RE: Additional Appropriation — 2022. Revaluation
in completing the 2022 state-mandated revaluation the Town contracted with Federal Appraisal LLC to
provide specialized appraisal services specific to Millstone Nuclear Power Plant. A bid waiver in the amount of
$37,000 was approved for the appraisal services by the Board of Selectman in October 2021, however the
funds were never appropriated. Services were rendered in July 2022 and the attached invoice for $19,744.20
was paid from account 20501-57639 (revaluation).
This additional reval-related expenditure was paid out in FY22, resulting in a reduced carry-over balance
available in FY23 to cover the remaining revaluation expenses. Account #20501-57639 currently has a deficit
of -$6,547.47.
(am respectfully requesting an additional appropriation in the amount of $6,547.47 to the CNR account
20501-57639 (revaluation) to cover the year-end deficit.
Thank you for your consideration in this matter.
Sincerely,
Paige S. Walton
Assessor
Town of Waterford
295 US Highway 22 East, Suite 2046 Invoice
Whitehouse Station, NJ 08889
908-534-3590
info@federalappraisal.com
federalappralsal.com
BILL TO
Paige S Walton CCMA tt
Town of Waterford, CT
Town of Waterford
Assessor
15 Rope Ferry Road
Waterford, CT 06385
INVOICE # BATE TOTAL DUE
7728 07/07/2022 $19,744.20
DATE
06/16/2022 SPRINGHILL SUITES for Mark Pomykacz
06/16/2022 SPRINGHILL SUITES for Mary Pomykacz
06/16/2022 SPRINGHILL SUITES for Amy Lang
06/16/2022 SPRINGHILL SUITES for Shawn Kavanagh °
06/17/2022 Expense Reimbursement
Mileage for Chris Olmsted for Site Inspection
06/17/2022 Expense Reimbursament
Mileage for Mark Pomykacz for Site Inspection
07/07/2022 Appraisat Servicas:Power Plants, Utilities —
Millstone Nuclear Power Plant Retainer and Site Inspection
6-16 &17-22 Expense invoice
To obtain a PDF of this invoice, click “Pay Invoice”, and look for print and BALANCE DUE
download options.
APPROVED .....,,
VENDOR#_\24|
FEDERAL APPRAISAL LLC
ENCLOSED
1" BAT
322 0.585
. 968 0.585
1 18,500.00
PO#_2 20389. FY_ZOZ Zo ppt
CLOSEPO Yo
ACCOUNT #.225°|
AMOUNT, S12. YO Zon _.
SIGN _ SU
cieamenm
—
AMOUNT
214.60
211,60
211,60
211,60
188,37
209.43
18,500.00
$19,744.20
Ewe -§-2Z.
EIN/Tax ID: 82-1591070. Our W9 is attached fo he invoice email, Bue and payable immediately. Interest charges begin
accruing after 60 days, at 1% per mon