Representative Town Meeting (linked)
agenda center agenda
| Board/Commission | Representative Town Meeting (RTM) |
|---|---|
| Meeting Date | April 06, 2026 |
| Pages | 64 |
| File Size | 3.7 MB |
| OCR Status | Searchable (OCR processed) |
| Source URL | Original |
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FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
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PHONE: 860-442-0553
www.waterfordct.org
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AGENDA 1 8 OR
REPRESENTATIVE TOWN MEETING ss Bo
REGULAR MEETING ao * as
Monday, April 6, 2026 BS) 3d
7:00pm — Waterford Town Hall 0 o2
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Pledge of Allegiance nm 2
Roll Call
To consider and act upon the minutes of the February 2, 2026 Meeting
Correspondence
Public Comment
Committee reports and referrals
Appointee & Liaison updates
Transaction of Business on the Call:
1. To consider and act on two appointments to the Senior Citizens
Commission. (Term 04/06/2026 — 04/02/2029)
To consider and act upon a regular member appointment to the Ethics
Commission due to the resignation of Adam Stone. (Term 02/03/2025 —
02/01/2027)
To consider and act upon a recommendation from the Legislation &
Administration Standing Committee of the RTM, pending the outcome of
its upcoming public hearing and Special Meeting, to amend the Waterford
Code of Ordinances, Chapter 3.08.030 Purchase categories —
Bids/proposals required — Specifications authorized.
To authorize the RTM Moderator to request that the Board of Police
Commissioners provide the RTM each July and February any biennial
data related to ICE access granted by the Waterford Police Department,
so that the RTM can submit the pertinent information to the Office of
Policy and Management as mandated by CGS Section 54-192h(e)(3).
To consider and act upon a recommendation from the Recreation and
Parks Commission to adjust the Waterford Beach Park Fee Schedule as
presented.
To consider and act on the above matter as emergency legislation and to
waive the 15-day waiting period, in order to meet the printing deadlines.
Il. New Business
J. Adjournment
FIFTEEN ROPE-FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
wwwaivaterfordct.org
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MINUTES an p of
REPRESENTATIVE TOWN MEETING fo F oe
Regular Meeting BAN ww IS
February 2, 2026 * § 8
RTM Moderator Susan Driscoll called the February 2, 2026, Regular Meeting of the Representative Town
Meeting to order at 7:00 P.M.
PLEDGE OF ALLEGIANCE
ROLL-CALL
PRESENT: Kyrah Augmon-Bossa, Jim Bartelli, JoAnna Bennett, Steve Besade, Guy Calkins, Erica casper,
Mary Childs, Timothy Condon, Susan Driscoll, Kathleen Elbaum, Tim Eloravanti, Emmy-Franklin, Paul
Goldstein, Kristin Gonzalez, Narciss Greene, Christina Jessuck, Lindsay Khan, Ursula Moreshead, Kayla
Mullen, Kathy Mullen Kohl, Kathy Nunés Peterson, Ted Olynciw, Ocean Pellett, Danielle Steward-Gelinas,
David Sugrue, Tim Sullivan, Julie Watson Jones
ABSENT: Kate MacKenzie
EX-OFFICIO. MEMBERS PRESENT: First Selectman Robert J Brule; Board of Finance Chair Glenn Patterson;
Selectman Greg Attanasio
EX-OFFICIO MEMBERS ABSENT: Selectman Richard Muckle, Board of Education Chair Deborah Roselli Kelly
ALSO PRESENT: Town Clerk David L. Campo; Town Attorney Nick Kepple; Director of Finance Kim Allen.
AGENDA ITEM C-- December 1,.2025, Minutes
MOTION by Childs, seconded by Goldstein, to approve thé minutes.
The following correction was noted by Childs: The second Item “G” should be “H.” The following
corrections were noted by Driscoll noted these changes: change “Passover” to “pass over’ in Item 17,
remove the attachment labelled item 1, ahd add the resume received for Beth Sabilia in regard to the
Utility Commission appointment.
VOTING IN FAVOR of the December 1, 2025, meeting minutes with corrections: Unanimous
CORRESPONDENCE
included with the RTM agenda were a letter from Kathleen Jacques in regard to Ordinance Chapter 9.08 —
Mass Gatherings and a recommendation from the Democratic Town Conimittée for an Ethics Commission
appointment. Additional correspondence (See attached) received after the agenda was posted were a
letter from First Selectman Robert Brule in regard to salaries of elected officials, three recommendation
letters from the Republican Town Committee for Ethics Commission appointments, a fetter announcing
the Board of Education’s new-appointment to the Energy Task Force, and a second recommendation
letter from the DTC for an Ethics Commission appointment.
1 RTM MINUTES 02/02/2026
PUBLIC COMMENT
The following residents expressed support for changes to Chapter 9.08 ~ Mass Gatherings: Kathleen
Jacques, 10 Magonk Pt Rd; Yvonne Sims, 5 Magonk Pt Rd; Tina DuBosque , 45 Wintergreen Dr(See
attachment); Bonnie Sullivan, 103 Ridgewood Ave; Georgene Didato, 3 7" Ave; Selectman Greg Attanasio,
28 Old Mill Rd; Peter Storms, 10 North Rd; Perry Montrose, 626 Vauxhall St Ext.
AGENDA ITEM F
Legislation & Administration Committee Chair Casper gave a brief update stating that the committee met
and has a plan to move forward and an upcoming meeting next week.
Finance, Wage & Personnel Committee Chair Bennett updated the body on the committee’s first meeting
and their plan to address “Salaries of Elected Officials” first.
AGENDA ITEM G
Oswegatchie Fire Station Building Committee member Ted Olynciw reported that bids are due to the
town February 10, 2026 and the committee will meet soon after to review, (See Attachment)
CALL ITEM 1 —Protection/Maintenance of Donated Trees
Motion by Moreshead, seconded by Goldstein, to approve a request from Finance Director Kim Allen to
deposit a check for $20,000 from Mr. Paul Eccard into the Contributed Gift Fund to be used for
treatment, rehab and continuing protection/maintenance of donated trees at Waterford Beach Park.
MOTION PASSED: Unanimous :
CALL STEM 2 — Water Main Break on Quinley Way
PRESENTATION: Utility Commission Director Jill Stevens
Motion by Goldstein, seconded by Childs, to approve a recommendation from the Board of Finance to
transfer $110,721 from the Capital-Nonrecurring Expenditure Fund (Undesignated Fund Balance, #205-
31520) to the Enterprise Fund (Service Contracts & Repairs, #21131-52040) to reimburse the City of New
London for the emergency repair of a water main break on Quinley Way.
MOTION PASSED: Unanimous
CALL ITEM 3 — Police Department Building HVAC
PRESENTATION: Public Works Director Gary Schneider
Motion by Childs, seconded by Mullen Kohl, to appropriate $25,000 from designated Line #20511-57871
(Police Department Building HVAC) to assess current conditions and determine the scope and estimated
cost of HVAC system repairs.
MOTION PASSED: Unanimous
CALL ITEM 4: Computer Replacements
PRESENTATION: Information Technology Director Jeffrey Robillard
Motion by Childs, seconded by Mullen Kohl, to appropriate $28,168 from designated Line #20547-
57882(Computer Replacements) to replace 30 outdated computers in Public Works, the Assessor's office,
and the Utility Commission.
A friendly amendment was offered by Childs and accepted to change “replace 30” with “start replacing”
VOTING IN FAVOR: Unanimous
MOTION by Olynciw, seconded by Sugrue, to waive the normal 15-day waiting period for this action.
VOTING IN FAVOR: Unanimous
2 RTM MINUTES 02/02/2026
CALL ITEM 5: Vauxhall Street Mult Phased Project
PRESENTATION: Public Works Director Gary Schneider
Motion by Childs, seconded by Mullen Kohl, to appropriate $50,000 from the Capital Non-recurring
Expenditure Fund Line #205-31520 (Undesignated CNR Fund Balance) for initial mapping, drainage
structure evaluations, cost estimates and preliminary plans for a new capital project (Vauxhall Street
Multi-Phased Project).
MOTION PASSED: Unanimous
MOTION by Mullen, seconded by Augmon-Bossa, to waive the normal 15-day waiting period for this
action.
VOTING IN FAVOR: Unanimous
CALL ITEM 6 — Ethics Commission, Three Member Appointments (Term 02/02/2026 — 02/07/2028)
MOTION by Mullen, seconded by Mullen Koh}, to nominate Jim Wolfley, 15 Anita Dr.
MOTION by Greene, seconded by Bennett, to nominate Cathy Patterson, 7 Leary Dr.
MOTION by Steward-Gelinas, seconded by Goldstein, to nominate Kevin Reardon, 5 Shawandassee Rd.
MOTION by Khan, seconded by Moreshead, to nominate Alan Messier, 63 Colonial Dr.
MOTION by Steward-Gelinas, seconded by Elbaum, to nominate Sara Gilman Mallari, 6 Reed Ave.
ROLL CALL vote taken in order of nominations until all three spots filled.
VOTING IN FAVOR OF JIM WOLFLEY: Augmon-Bossa, Bennett, Cafkins, Casper, Childs, Driscoll, Fioravanti,
Franklin, Gonzalez, Greene, Khan, Moreshead, Mullen, Mullen Kohl, Nunes Peterson, Olynciw, Pellet,
Sullivan, Watson Jones
VOTING AGAINST: Bartelli, Besade, Condon, Elbaum, Goldstein, Jessuck, Steward-Gelinas, Sugrue
JIM WOLFLEY APPOINTED: 19-8-0
VOTING IN FAVOR OF CATHY PATTERSON: Augmon-Bossa, Bennett, Calkins, Casper, Childs, Driscoll,
Fioravanti, Franklin, Gonzalez, Greene, Khan, Moreshead, Mullen, Mullen Kohi, Nunes Peterson, Olynciw,
Pellett, Sullivan, Watson Jones
VOTING AGAINST: Bartelli, Besade, Condon, Elbaum, Goldstein, Jessuck, Steward-Gelinas, Sugrue
CATHY PATTERSON APPOINTED: 19-8-0
VOTING IN FAVOR OF KEVIN REARDON: Augmon-Bossa, Bartelli, Besade, Calkins, Condon, Elbaum,
Goldstein, Jessuck, Steward-Gelinas, Sugrue
VOTING AGAINST: Bennett, Childs, Driscoll, Fioravanti, Franklin, Gonzalez, Greene, Khan, Moreshead,
Mullen, Mullen Kohl, Nunes Peterson, Olynciw, Pellett, Sullivan, Watson Jones
ABSTAINED: Casper
KEVIN REARDON APPOINTMENT FAILED: 10-16-41
VOTING IN FAVOR OF ALAN MESSIER: Augmon-Bossa, Bartelli, Bennett, Besade, Calkins, Casper, Childs,
Condon, Driscoll, Elbbaum, Fioravanti, Franklin, Gonzalez, Greene, Jessuck, Khan, Moreshead, Mullen,
Mutlen Kohl, Nunes Peterson, Olynciw, Pellett, Sullivan, Watson Jones
VOTING AGAINST: Goldstein, Steward-Gelinas
ABSTAINED: Sugrue
ALAN MESSIER APPOINTED: 24-2-4
3 RTM MINUTES 02/02/2026
CALL ITEM 7 ~ Ethics Commission, Alternate Appointment (Term 02/02/2026 ~ 02/07/2028)
MOTION by Steward-Gelinas, seconded by Goldstein, to nominate Sara Gilman Mallari, 6 Reed Ave.
SARA GILMAN MALLARI APPOINTED: 26-0-1 (Casper abstained)
CALL ITEM 8—Oswegatchle Fire Station Building Committee RTM Appointment
MOTION by Steward-Gelinas, seconded by Goldstein, to nominate Kathleen Elbaum to the Oswegatchie
Fire Station Bullding Committee.
MOTION by Mullen Kohl, seconded by Khan, to hominate Ursula Moreshead to the Oswégatchie Fire
Station Building Committee.
RTM Member Olynciw offered brief background on the history of the two RTM-appointments, and that
the intefition was to have a member from each caucus on the committee.
Moreshead withdrew her name from consideration
KATHLEEN ELBAUM APPOINTED; 26-0-1 (Mullen Kohl abstained)
CALL ITEM 9 — Budget Schedule
MOTION by Childs, seconded by Mullen, to approve the. budget schedule for the May 2026 budget
hearings as presented.
A friendly amendment was offered Greene, and accepted to move Human Resources and Retirement
Commission to May 6", (See Attachment)
MOTION by Greene, seconded by Bennett, to move New Business prior to Item 10.
VOTING IN FAVOR: Unanimous
NEW BUSINESS:
MOTION by Greene, seconded by Gonzalez, to refer a “Review of Ordinance Chapter 9.08 — Mass
Gatherings” to the Public Protection and Safety Committee.
VOTING IN FAVOR: Unanimous
CALL ITEM 10 -- Agreements. With Private Organizations
PRESENTATION: First Selectman Reb Brule, Town Attorney Nick Kepple
Attorney Kéepple noted that a closer review of Ordinance 3.040.070 revealed that the. requited reviews of
such agreemeiits should be done by the Board of Selectman, with reports on their findings provided to
the Board of Finance and RTM. He will be researching archives to get clarification of the intended
definition of “private organizations” (e.g., businesses, nonprofits, service providers, etc:) in order to create
a list of agreements.to put on the review/report rotation.
First Selectman Brule graciously offered ‘to take questions on any of the agreements provided with the
Call and during the discussion that followed provided details on the Town’s changing relationships with
the O'Neill and Waterford Ambulance Service.
MOTION by Sugrue, seconded by Franklin, to adjourn at 9:49 P.M.
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David L. Campo, CCTC
Waterford Town Clerk
4 RTM MINUTES 02/02/2026
PHONE: 860-442-0553
FIFTEEN ROPE FERRY ROAD
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Dear Madam Moderator and Members of the Representative Town Meeting, Ae = ea)
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| write to offer my strong and sincere support for a fair adjustment to the compensation of our elected
officials, specifically the Town Clerk arid Tax Collector, who serve as full-time elected officials, and the
Treasurer, two Registrars of Voters, and the two Selectmen, who serve in part-time elected capacities.
These individuals serve in roles that are essential to the daily operation of our municipal government and
to the trust, our residents place in Town Hall. It is Important that the Value we place on their service is
consistent with the Value we place on our town employees.
Every day these officials carry significant responsibility safeguarding public records, administering
elections, collecting and protecting taxpayer dollars, and helping guide the policy direction of our
community. | have witnessed firsthand their dedication, long hours, and unwavering commitment to the
people of Waterford, Whether serving Ina full-time or part-time capacity, their work is performed with a
high level of competency, professionalism, and intégrity that reflects the very best of public service. They
consistently perform above aiid beyond all expectations and they do so with respect for one another and
for the residents we all serve, regardless of party affiliation,
The Town Clerk and Tax Collector function iti every respect as fulltime municipal employees, interacting
with the public daily; managing complex statutory and financial requirements, and carrying legal
responsibilities that are critical to the operation of Town government. Likewise, the Treasurer, Registrars
of Voters, and Selectmen, though part-time, fulfill duties that require extensive expertise, accountability,
and availability well beyond what the title “satttime” might suggest. As the Town has made a
commitment to value its workforce through appropriate wage adjustments, | believe it is only equitable
that these-elected officials—whose responsibilities parallel those of our municipal employees—receive
increases that reflect the same level of respect and appreciation.
For that reason, | respectfully request that the Representative Town Meeting refer this matter to the
appropriate committee to discuss the merits and practicality of this récommendation. A thoughtful
committee review will allow for an open, transparent evaluation of the responsibilities carried by these
elected officials, the comparability with municipal employee increases, and the long-term benefit to the
Town of maintaining.a fair and consistent compensation structure.
| do want ‘to note, for clarity, that | am not including the First Selectman in this request. By leaving the
First Selectinan out of this conversation, we:can ensure that “politics” does not creep into the decision
and become a reason to avoid supporting a more fair and consistent pay increase scale and for these
dedicated officials, My intent is to ensure that they are not placed in a position where they receive half of
the increase provided annually to all other-town employees, despite the critical nature of the work they
perform.
Waterford is fortunate to. have stich capable and dedicated individuals in these roles. Supporting
reasonable increases is not simply about compensation; it is about acknowledging the importance of their
work, retaining experienced leadership, and reinforcing the message that this community values those
who serve it.
Thank you for your thoughtful consideration of this matter and for your continued commitment to
supporting the people who serve the Town of Waterford.
Respectfully,
Robert Brule
First Selectman
Town of Waterford
cc: David Campo, Town Clerk
Glenn Patterson, Chairman, Board of Finance
WATERFORD REPUBLICAN TOWN COMMITTEE
P.O, Box 671
Waterford, CT 06385
Mr.David Caitipo
Waterford Town Clerk
15 Rope Ferry Road
Waterford, CT 06385
January 25, 2026
Dear Dave,
Please be informed that the Waterford Republican Town Conumnittee endorsed Sara Gilman-
Mallari to serve as an alternate on the Ethics Commission for the February 2, 2026 to February 7,
2028.
The Waterford Republican Town Coniinittes respectfully requests that the Represéiitative Town
Meeting place in nomination at ifs meeting on February 2, 2026 the name of Sara Gilman-
Mallari for a new term as Regular Member on the Ethics Commission. Sara has previously
served on this commission as an alternate.
Thank you in advance for your cooperation in this request.
Sincerely yours,
Tali Maidelis
WRIC, Chaitman
Ce! Danielle Steward-Gelinas
RTM, Majority Leader
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WATERFORD REPUBLICAN TOWN COMMITTER
P.O. Box 67
Waterford, CT 06385
MrDavid Campa
Waterford Town Clerk
15 Rope Ferry’ Road
Waterford, CT 06385
January 25, 2026
Dear Dave,
Please be informed that the Waterford Republican Town Cominittee endorsed Atty, Alan
Messier to serve on the. Ethics Commission as an alternate for the Febmary 2, 2026 to February
7, 2028 term ,
The Watetford Republican Town Committee respectfully requests that the Representative Town
Meeting place.in nomination al is meeting on Februaty2, 2026 the name of Alan Messier for
alternate for the above term on the Ethics Commission, Alan currently serves on the commission.
Thank you in advance for yout Cooperation in this tequest,
Sincerely yours,
Tali Maidelis
WRTC, Chairman
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Danielle Steward-Gelinas
RTM, Minority Leader x _ +3
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WATERFORD REPUBLICAN TiOWN COMMITTEE
P.O. Box 671
Waterford, CT 06385
Mtr.David Campo
Waterford Town Clerk
15 Ropé Feity Road
Waterford, CT 06385
January 25, 2026
Dear Dave,
Please be infornied ihat the. Waterford Republican ‘Towa Commitice endorsed Kevin Reatdoni to
Serve on the Ethics Commission as a Regular Member for the February 2, 2026 io Pebruaty 7,
2028 term,
Meeting pi
the above term on the Ethics Commission
ttee respectfully requests that the Representative Town
ace in noinination at its meetin; 026 the naine of Kevin Reardon for
B O1 Febriiary 2, 2
Thank you in advance for your cooperation in this request,
Sincerely yours,
i
Tali Maidelis
WRTC, Chairman
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Danielie Steward-Gelinas
RTM, Minority Leadey ‘ne =
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Mr. Thomas W, Giard til
Superintendent of Schools
Mr. Craig C. Powers
Assistant Superintendent
Excellence in Every School, Inspiring Every Child.
5 se ES
MEMORANDUM S =<
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TO: Susan Driscoll, Moderator, Representative Town Meeting aN ‘0 aw
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FROM: Deb Roselli Kelly AN “GS
Chair, Waterford Board of Education * Wy S
ce: Amanda Gates Lamothe, Board of Education Mernber
David Campo, Town Clerk, Town of Waterford
DATE: January 23, 2026
RE: Board of Education Appointinent to the RTM Ad Hoc Energy. Task Force
Please be advised that.at its January 22, 2026 Board of Education Meeting, the Waterford Board of
Education approved the appointment of Ms. Amanda Gates-Lamothe as the representative on the
RTM Ad. Hoc Energy Task Force, Please send pertinerit information to her regarding upcoming
meetings, agendas, etc. Her contact information is.as follows:
Amanda Gates Lamothe
25 Linda Avenue
Waterford, CT 06385
agates-lamothe@waterfordschools.org
Thank you for your attention, If] may be of assistance, please do not hesitate to contact me.
15 Rope Ferry Road ¢ P.O. Box 284 * Waterford, CT 06385
Phone: 860-444-5801 * Fax: 860-444-5870 * www.waterfordschools.org
WATERFORD Democratic TOWN COMMITTEE
10 Clark Place * Quaker Hill,CT + 06375
January 27, 2026
David Campo
Town Clerk
15 Rope Ferry Rd
Waterford, CT 06385
RE: Ethics Commission Reccomendation
Dear Mr. Canipo,
On behalf of the Waterford Democratic Town Committee, | submit the following recommendation for
the Ethics Commission.
Cathy Patterson
7 Leary Drive
Waterford, CT 06385
claropatterson@gmail.com
Again, the DTC is recomniending the reappointment of Cathy Patterson as a Member of the Ethies
Commission for the two-year term that begins on February 3, 2026.
Thank you for your consideration of this matter.
Sincerely,
Erin McBride &
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February 1, 2026
TO: Town of Waterford RTM, Board of Selectmen, appropriate Committees
{request that the Waterford, Connecticut, Municipat Code, Title 9 - PUBLIC PEACE,
MORALS AND WELFARE, Chapter 9.08 « MASS GATHERINGS be teviewed and Updated to
better reflect the times In which we live, to reasonably permit people to assemble in
peaceful, awful, non-violent ways, which fs our United States Constitutlonal First
Amendment Right, the Freedom of Religion, Speech, Press, Assembly, and Petition.
Our neighbor to the east, the City.of New London, has regulations applicable to large
gatherings. :
| urge you, our elected leaders, to review their. Code of Ordinances, Chapter18, ARTICLE
Vi.» DEMONSTRATIONS AND SPECIALEVENTS, which follows below,, and take their
approach to heart when restructuring thé Town of Waterford’s Municipal Code, Title 9,
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Respectfully submitted, ; osm
Tina DuBosque faa ita
Quaker Hill oy AR
peace Leos
City of New London, Connecticut, Code of Ordinances, Chapter 18, Aiie vR- 22
Demonstrations and Special Events BEY "3
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ARTICLE VI, - DEMONSTRATIONS AND SPECIAL EVENTS \
To cteate an ofdinance permittin8 and regulating demonstrations and special events that
Demonstration Is the gathering of ten (10) persons or more for the purpose of
demonstrating, speechmaking, marching and holding of vigils where such gathering shall
be held upon any street,-side walk or other public place under the control of the town.
Demonstrations and special events may be held pursuant to a.permitissued in accordance
with the provisions of this article :
Aperson seeking Issuance of a demonstrat!
application with the city mana
office.
(a}
Filing period.
(1)
An application for a demonstration or special event petmit shall be filed In writing with the
city manager not less than ten (10) days in advance of any proposed demonstration or
special event,
(2)
Applications shall be received durin
hatidays excepted.
on or-special event permit shall file an
ger-at the municipal building on forms provided by such
g the regular business. hours, Monday throtigh Friday,
(3) .
Ail demonstration and special event applications shail be deemed granted subject to all Q .
limitati ns and restrictions applicable ul i oe
finds:
(a)
An approved prior application for the same time and place has been received; in which
case, an alternate site, It avelleble, may be prohosed by the clty manager: :
APPOINTEE REPORT_OSWEGATCHIE FIRE HOUSE - JAN, 22, 2026:
1. Bids forthe Proposed new fire house wilt be received on Feb.10,
* 2026,
2. The bids wilt not include the allowance for 4 new traffic light or
another method for tratfic’contrel in front of the fire house,
disagreement over the néed fo
and the Chief of Police have st
’ Meanwhile the Director of Fire
the firefighters want anew light, |
ated that a new light is not
Ted Olynciw, RTM Appointee to this Committee
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FIFTEEN ROPE FERRY ROAD PHONE: 860-442-0553
WATERFORD, CT 06385-2886
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REPRESENTATIVE TOWN MEETING BUDGET HEARINGS o 33
FY 2026-27 > Bes
Town Hall Auditorium ~ 7a
7:00 P.M.
2 38
MONDAY MAY 04, 2026
Social Services Grants/Review
Public Health Nursing (VNA}
Conservation of Health
Board of Education
MONDAY MAY 11, 2026
Zoning Board of Appeals
Economic Development Commission
Conservation Commission
Planning and Zoning Commission
Flood and Erosion Control Board
Building Department
WEDNESDAY MAY 06, 2026 Building Maintenance
Recreation and Parks Commission
Ethics Commission Board of Selectmen
Registrar of Voters Public Works
Hunan Resources Dept
Youth & Fanilly Services Bureau WEDNESDAY MAY 143, 2026
Senior Citizens Commission
Board of Assessment Appeals Tax Collector
Assessor Waterford Public library
Contingency Finance Department
Debt Service Board of Finance
Retirement Commission Legal Department
Insurance Emergency Management
Town Clerk
Representative Town Meeting
Fire Services
Board of Police Commissioners
information Technology
Current Year Capita} Improvements
Transfers to Capital & Nonrecutring Expenditiires
FINAL ACTION
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT’ 06385-2886
PHONE: 860-442-0553
wwwwaterfordct.org
March 18, 2026
Susan Driscoll
RTM Moderator
RE: Municipal Host Fee Agreement (Data Center)
Dear Moderator Driscoll:
| am writing to advise you and the members of the Representative Town Meeting that the
Town's Qualified Data Centers Host Municipality Fee Agreement with NE Edge terminated
today. Under the terms of the Agreement attached hereto (see Sections 3 and 12 attached)
a building permit application was required to be filed within thirty-six (36) months of the
signing of the Agreement on March 17, 2023. No such application was filed as of close of
business today. Therefore, according to Town Counsel Nicholas Kepple the Agreement is
no longer in force and effect and neither party has any further duty to the other.
On behalf of the Board of Selectmen, | would appreciate it if you would convey the
Agreement status update to your fellow representatives.
Sincerely,
Robert Brule = Fats
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First Selectman — 2m
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QUALIFIED DATA CENTERS
HOST MUNICIPALITY FEE AGREEMENT
between
NE EDGE, LLC
and
THE TOWN OF WATERFORD
March 17, 2023
TABLE OF CONTENTS
FOR THE
QUALIFIED DATA CENTERS HOST MUNICIPALITY FEE AGREEMENT
SECTION
Recitals
1.
OONAAAR YW
17.
18.
19.
20.
21.
Definitions
(a) Eligible Qualified Data Center Costs
(b) Facility
(c) Qualified Data Center
(d) Qualified Investment
Eligibility for Exemption
(a) Facilities
(b} Qualified Investment
Building Permits and Appeals
Building Efficiency Standards, Efficiency Standards
DECD Agreement
NE Edge as Owner
Construction Schedule
Sound Analysis
NE Edge Obligation to Pay Host Municipality Fee
(a) First Qualified Data Center
(b) Second Qualified Data Center
(c) Project Coordinator
Annual increase in Amount of Host Municipality Fees
Payment of Building Fees
Effective Date, Term and Termination Events
Condition Precedent to Obligation to Pay Host Municipality Fee
Information; Annual! Visit
Events of Force Majeure
Defaults and Remedies
(a) Events of Default by Waterford
(b) Events of Default by NE Edge
(c) Remedies on Default
Representations and Warranties
(a) Representations and Warranties of Waterford
(b) Representations and Warranties of NE Edge
Dispute Resolution
Governing Law
Entire Agreement
Waiver
PAGE
RGOONDMNMASGOSSPCMONNNGMQOOATAARKRWWWWNHNYNNNN-=?
SECTION
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Modifications
Successors and Assigns
Notices
Further Actions
Counterparts
Severability
No Third-Party Beneficiaries
Headings for Convenience
Confidentiality
No Additional Municipal Tax Benefits
Late Payments
Correction of Clerical Errors
Signature Page
Exhibit A
PAGE
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This QUALIFIED DATA CENTERS HOST MUNICIPALITY FEE AGREEMENT (this
"Agreement’} is entered into as of the day of 2023 (the "Execution Date"), by and
between the Town of Waterford, Connecticut, a municipal corporation with its Town Hall located at 15
Rope Ferry Read Waterford, CT 06385, hereinafter “Waterford”, and NE Edge, LLC, hereinafter "NE
Edge’, a Connecticut limited liability company with an office at 4433 Post Road, East Greenwich, RI,
02818, its successors and assigns. Waterford and NE Edge are each referred to individually herein
as a “Party” and together as “Parties".
WHEREAS, the State of Connecticut has enacted legislation known as House Bill No. 6544,
Public Act No. 21-1, to incentivize the development of large-scale data center facilities within
Connecticut, hereinafter the "Legislation", which Legislation was effective July 1, 2021 and is
incorporated herein by reference and that all capitalized terms in this Agreement shall be as defined
in the Legislation; and
WHEREAS, the Legislation sets forth that any entity which anticipates that it will be an "Owner",
"Operator" or "Colocation Tenant" of or in a “Qualified Data Center" (as such terms are defined in the
Legislation and/or Section 4 of this Agreement) may seek and apply for an exemption from certain
taxes imposed under Chapters 203 and 219 of the Connecticut General Statutes, subject to satisfying
certain requirements expressed in the Legislation, including but not limited to the obligation to enter
into and satisfy the provisions of a negotiated Host Municipality Fee Agreement with the municipality
in which such Qualified Data Center Is located (the “Host Municipality"); and
WHEREAS, NE Edge intends to develop and operate two such Qualified Data Centers in
Waterford on property owned by Dominion Energy Nuclear Connecticut, Inc. (‘Dominion Energy") on
Millstone Road (the “Property") and the Parties expressly hereby agree that NE Edge’s investment in
the two Qualified Data Centers will be Eligible Qualified Data Center Costs and Qualified Investments
and that this Agreement shall serve as a negotiated Host Municipality Fee Agreement for both the first
Qualified Data Center and the second Qualified Data Center and approval of this Agreement by
Waterford shall serve as the approval for the second Qualified Data Center without need of a separate
Agreement for such additional facility as referenced in the Legislation and each building shall be
separately reviewed by DECD pursuant to the qualifying Legislation; and
WHEREAS, the development and operation of Qualified Data Centers are expected to
contribute substantially to economic development and employment growth in Waterford, and
Waterford expects to receive substantial benefits from hosting two Qualified Data Centers developed
and operated by NE Edge in Waterford; and
WHEREAS, Waterford is receptive to such development of two Qualified Data Centers within
Waterford because it could help Dominion Energy remain in Waterford through its existing licenses
and possibly beyond; and
WHEREAS, NE Edge appreciates and will continue to benefit from the successful operation of
any Qualified Data Center located in Waterford; and
WHEREAS, the Parties mutually desire to enter into this Agreement pursuant to the
requirements of the Legislation, subject to the terms and conditions hereinafter contained.
NOW THEREFORE, in consideration of the promises herein contained, and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
hereto agree as follows:
1. Definitions
The Parties agree that all defined terms set forth in the Legislation shall be deemed
incorporated into this Agreement as if fully recited herein, including but not limited to the
following defined terms:
(a) “Eligible Qualified Data Center Costs" means expenditures made on or after July 1,
2021, for the development, acquisition, construction, rehabilitation, renovation, repair or
operation of a facility to be used as a Qualified Data Center, including the cost of land,
buildings, site improvements, modular data centers, lease payments, site characterization
and assessment, engineering services, design services and data center equipment
acquisition and permitting related to such data center equipment acquisitions. "Eligible
Qualified Data Center costs" does not include expenditures made in connection with real
or personal property that is located outside the boundaries of the facility to be used as a
Qualified Data Center;
(b) “Facility” means one or more contiguous tracts of land in the state and any structure
and personal property contained on such land (1.e. the Property);
(c) “Qualified Data Center" means a facility that is developed, acquired, constructed,
rehabilitated, renovated, repaired, or operated, to house a group of networked computer
servers in one physical location or multiple contiguous locations to centralize the storage,
management and dissemination of data and information pertaining to a particular business
or classification or body of knowledge. For consistency, clarity and ease of reference
throughout this Agreement hereafter, the term “Qualified Data Center” shall fall under the
umbrella and definition of “Facility’;
(d) "Qualified investment" means the aggregate, non-duplicative eligible Qualified Data
Center costs expended by an owner, operator, and colocation tenant of a Qualified Data
Center.
2. Eligibility for Exemption
The Parties agree that all requirernents of the Legislation, as from time to time amended, are
deemed incorporated into this Agreement as if fully restated herein. To the extent the
Legislation changes such that it materially alters the rights afforded by this Agreement or
amends any definition utilized in Section 1 above, this Agreement shall continue to control. In
such an event, either Party may request that the other Party modify this Agreement consistent
with sald modified Legislation; provided no modifications shall be made to this Agreement
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unless mutually agreed to in writing by both Parties. The Parties agree that NE Edge must
satisfy all requirements of the Legislation and this Agreement in order to qualify for and to
continue to maintain the benefit of those certain exemptions authorized by the Legislation from
taxes imposed by Chapters 203 and 219 of the Connecticut General Statutes, including but
hot limited to the following requirements pertaining to the Qualified Data Centers
contemplated by this Agreement:
(a) Facilities
The Facilities to be developed, acquired, constructed, rehabilitated, renovated, repaired, or
operated shall be used as Qualified Data Centers. For purposes of this Agreement, two
structure(s) may be located on the Facility property for Qualified Data Center purposes.
The property in Waterford that will ultimately be the subject of this Agreement shall be the
same property that is the subject of NE Edge’s agreements with the Commissioner of the
Department of Economic and Community Development (the "DECD Commissioner’)
pursuant to the Legislation and the site plan approvals received by NE Edge by the
Waterford Planning and Zoning Commission for construction of two Qualified Data Centers
contemplated by this Agreement;
(b) Qualified Investment
Notwithstanding anything in the Legisiation to the contrary, for purposes of this Agreement,
NE Edge shall make, on or before the fifth anniversary of the date on which construction,
rehabilitation, renovation or repair of a Qualified Data Center first commences, a Qualified
Investment of at least Two Hundred Million Dollars ($200,000,000); provided, however, if
the agreement entered into between NE Edge and the DECD Commissioner has a term
of greater than twenty (20) years, such Qualified Investment shall be at least Four Hundred
Million Dollars ($400,000,000) with a term of thirty (30) years;
3. Building Permits and Appeals
NE Edge shall make an application for a building permit to construct a building for use as a
Qualified Data Center on each parcel on which it intends to construct such a Qualified Data
Center in Waterford on or before thirty-six (36) months after the Execution Date of this
Agreement for the first Qualified Data Center and sixty (60) months after the Execution Date
of this Agreement for the second Qualified Data Center. In the event of an appeal at any stage
of the permitting process, including an appeal of the building permit, the above thirty-six (36)
month and sixty (60) month requirements shall be extended by the number of days from the
first notice of any appeal to thirty (30) days after a final judgment or dismissal of said appeal,
whichever occurs first.
4. Building Efficiency Standards, Efficiency Standards
Within one hundred and eighty (180) days after being placed in service, the Qualified Data
Center Owner needs to attain certification under one or more of the following green building
standards. If for any reason the building is not fully occupied at one hundred and eighty (180)
days the certifications below shall be allowed additional time (not to exceed 360 days) to
complete to full occupancy, subject to Section 5 below.
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() BREEAM for New Construction or BREEAM In-Use
(ii) ENERGY STAR;
(il), Envision;
(iv) ISO 50001-energy management;
(v) LEED for Building Design and Construction or LEED for Operations and
Maintenance;
(vi) Green Globes for New Construction or Green Globes for Existing Buildings;
(vil) UL 3223
5. DECD Agreement
NE Edge shall enter into and satisfy ail requirements of an agreement with the DECD
Commissioner as required by the Legislation with respect to each such Qualified Data
Center. In the event said agreement with the DECD Commissioner terminates for any reason
whatsoever, this Agreement shall terminate, without limitation of any other right of Waterford
to sooner terminate this Agreement in accordance with the Legislation and/or this Agreement.
As a condition precedent to the tax exemptions afforded by this Agreement, NE Edge shall
furnish Waterford with a duly executed copy of its agreements with the DECD Commissioner
displaying to Waterford’s reasonable satisfaction that NE Edge has satisfied all requirements
of the Legislation related to such agreements with the DECD Commissioner. In the event NE
Edge receives any written notice of default or termination from the DECD Commissioner with
respect to said agreements, NE Edge shall promptly provide a copy of such notice to
Waterford. lf such termination occurs following construction of either Qualified Data Center,
the termination, default and remedies provisions cited herein shall apply. !f such default or
termination occurs prior to construction of the Qualified Data Centers, NE Edge shall keep
Waterford reasonably informed as to NE Edge’s plan and actions in response to such notice.
6. NE Edge as Owner
NE Edge or its permitted assign shall serve as the “Owner”, “Operator” or “Colocation Tenant”
of ail Qualified Data Centers that are the subject of this Agreement continuously throughout
the term of this Agreernent. As a condition precedent to the tax exemptions afforded by this
Agreement, NE Edge shall provide documentation to the satisfaction of Waterford that it
qualifies as an Owner, Operator or Colocation Tenant under the Legislation as it relates to
the proposed Qualified Data Centers in Waterford. NE Edge shall also keep Waterford
informed, and provide documentation reasonably requested by Waterford to confirm all
Owners, Operator(s) and Colocation tenant(s) located or to be located at the Qualified Data
Centers in Waterford and their respective rights to serve in such capacities. In the event NE
Edge receives or sends any written notice of default or termination from any Owner, Operator
or Colocation Tenant with respect to the Qualified Data Centers in Waterford, NE Edge shall
promptly provide a copy of such notice to Waterford. If such termination occurs following
construction of either Qualified Data Center, the termination, default and remedies provisions
cited herein shall apply. !f such default or termination occurs prior to construction of the
Qualified Data Centers, NE Edge shall keep Waterford reasonably informed as to NE Edge's
plan and actions pertaining to such notice.
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7. Construction Schedule
Upon commencement of construction, NE Edge shall provide documentation to the
reasonable satisfaction of Waterford of its anticipated construction schedule for each building
to be used as a Qualified Data Center and evidence that such construction is adequately
bonded to ensure the completion thereof.
8. Sound Analysis
For the two Qualified Data Centers proposed to be located on the Facility, the Owner shall
retain an Institute of Noise Control Board Certified Noise Control Engineer (“Owner
Consultant") who will prepare a sound monitoring protocol to determine the pre-existing
background sound level. The monitoring protocol plan shall indicate where, when and how
sound monitoring is to be conducted. Said plan shall measure the sound at one or more
locations nearest to the residences in hourly increments for one week (168 hours
continuously) (hereinafter referred to as “Noise Baseline”). Said monitoring protocol! plan
shall be submitted to Waterford for its consultant's review and any recommendations. The
Owner's Consultant shall complete the monitoring per the protocol, analyze the data and
create design goals to achieve a standard which Is acceptable to Waterford as advised by its
consultant.
The Owner's Consultant shall then model sound levels transmitted from all structures to the
nearest residences, propose controls and demonstrate compliance through modeling of the
sound standards approved by the Town. The Owner's Consultant shall prepare a report
describing limits/design goals, noise, and vibration control concepts to be implemented in the
design of the Facility. The report and computer modeling shall be in Cadna/A compliant
format to be submitted to Waterford for its consultant's review and comment within sixty (60)
days of receipt of the Owner's Consultant's monitoring protocol pian by Waterford. If
approved by Waterford in consultation with its consultant, the Owner's Consultant will
collaborate with the Owner in designing and implementing the acoustical concepts into the
design drawings for the approved plan. A final acoustical design report signed by the Owner's
Consultant detailing the acoustic design shall be submitted to Waterford along with the
permitting documents which shall be reviewed by Waterford’s consultant for its review and
comment. To be clear, the structures must meet the protocol set forth herein separately and
cumulatively as developed, Waterford, in conferring with its consultant, shall determine if the
final acoustical design report complies with the approved plan within thirty (30) days of receipt
of the Owner's Consultant's final acoustical design report by Waterford.
9, NE Edge Obligation to Pay Host Municipality Fee
(a) First Qualified Data Center
The Host Municipality Fee for the first Qualified Data Center, subject to annual increases
as provided herein, shall be Three Million Five Hundred Thousand Dollars ($3,500,000)
per annum for thirty (30) years; based on total development requirements of a minimum of
a five hundred and sixty-six thousand (566,000) square foot of building footprint within a
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single two story building comprised of up to one million one hundred thirty-two thousand
(1,132,000) square feet of buildable area. The first such Host Municipality Fee shall be due
three hundred and sixty-five (365) days after the issuance of a Certificate of Occupancy for
the first Qualified Data Center and annually every year from such date thereafter for thirty
(30) years. In addition, a supplemental payment of Ten Million Dollars ($10,000,000) shall
be made thirty (30) days from the issuance of the building permit for the first Qualified Data
Center. Subsequently, five (5) additional supplemental payments of Six Million Dollars
($6,000,000) shall be made (in addition to the Host Municipality Fee) at the fifth (5%), tenth
(10°), fifteenth (15%), twentieth (20), and twenty-fifth (25") anniversaries of the issuance
of a Certificate of Occupancy for the first Qualified Data Center. Each payment of Six Million
Dollars ($6,000,000) shall be made to Waterford in addition to the Host Municipality Fee
payment. The above payments are set forth on Exhibit A attached hereto and incorporated
herein by reference. NE Edge may, at their sole discretion, opt to propose a building less
than the square footage herein identified, based on site conditions, but shall pay the Host
Municipality Fees stated herein regardless of such size reduction. Building a Qualified Data
Center smaller than proposed herein shall not be considered a default by NE Edge.
(b) Second Qualified Data Center
The annual Host Municipality Fee shal! be increased with the addition of a second Qualified
Data Center on a separate parcel on the Dominion’s Millstone property. The Host
Municipality Fee for the second Qualified Data Center building shall be One Million Three
Hundred Twelve Thousand Five Hundred Dollars ($1,312,500) per annum, based on a total
development of a minimum of a two hundred and fourteen thousand (214,000) square foot
building footprint within a single, two-story building comprised of four hundred and twenty-
eight thousand (428,000) square feet of buildable area. In addition, a supplemental
payment of Three Million Seven Hundred Fifty Thousand Dollars ($3,750,000) shall be
made thirty (30) days from the issuance of the building permit for this building.
Subsequently, five (5) additional payments of Two Million Two Hundred Fifty Thousand
Dollars ($2,250,000) shall be made (in addition to the Host Municipality Fee) at the fifth —
(5"), tenth (10°) fifteenth (15"), twentieth (20%) and twenty-fifty (25") anniversaries of the
issuance of a Certificate of Occupancy for the second Qualified Data Center, Each payment
of Two Million Two Hundred Fifty Thousand Dollars ($2,250,000) shall be made to
Waterford in addition to the Host Municipality Fee payment for the second Qualified Data
Center. The above payments are set forth on Exhibit A attached hereto and incorporated
herein by reference. NE Edge may, at their sole discretion, opt to propose a building less
than the square footage herein identified, based on site conditions, but shall pay the Host
Municipality Fees stated herein regardless of such size reduction. Building a Qualified Data
Center smaller than proposed herein shall not be considered a default by NE Edge.
(c) Project Coordinator
Due to anticipated municipal requirements for the proposed Qualified Data Centers, NE
Edge agrees to provide a Project Coordinator hired by NE Edge for a period not to exceed
five years from the building permit approval date for the first building/structure in the
Qualified Data Centers. Waterford and NE Edge shall discuss and provide for defined tasks
for the Qualified Data Centers Development Project Coordinator including permitting
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compliance, inspection reporting, police, fire and traffic coordination along with other safety
coordination and shall include updating the Board of Selectmen relating to construction
progress. NE Edge shall pay the compensation for such Qualified Data Centers
Development Project Coordinator. NE Edge shall have no obligation whatsoever to fund
the position of Qualified Data Centers Development Project Coordinator after the fast day
of the sixtieth month from the initial date of engagement for such Coordinator.
10. Annual Increase in Amount of Host Municipality Fees
The amount paid to Waterford for Host Municipality Fees each year shall be increased annually
two (2%) percent over the immediately preceding year's Host Municipality Fee payment for the
applicable Qualified Data Center. This two 2% percent annual increase shall only apply fo the
Three Million Five Hundred Thousand Doflar($3,500,000) payment due in connection with the
first Qualified Data Center and the One Million Three Hundred Twelve Thousand Five Hundred
($4,312,500) Dojlar payment due in connection with the second Qualified Data Center. The
supplemental payments are not subject to annual increases, and shall be paid as posted to
Exhibit A.
11. Payment of Fees to Waterford
NE Edge is required to pay all regular and customary fees for any permits issued by
Waterford in accordance with Waterford's applicable fee schedules and regulations then in
effect as may be required for purposes of the development, construction, rehabilitation,
renovation and/or repair of each proposed Qualified Data Center in Waterford;
12. Effective Date, Term and Termination Events
This Agreement shall be deemed made by and binding on the Parties as of the Execution Date
first set forth above. The Agreement shall be deemed effective as of , 2023 (the
“Effective Date"), Subject to the provisions concerning conditions precedent set forth herein,
this Agreement shall remain in effect for a period of thirty (30) years (so jong as a Qualified
Investment of at least $400,000,000 ts made pursuant to Section 2(b) above) or for a period of
twenty (20) years (so long as a Qualified Investment of at least $200,000,000 but less than
$400,000,000 is made pursuant fo Section 2(b) above) following the issuance of a certificate
of occupancy for the building constructed to serve as each Qualified Data Center that is a
subject of this Agreement.
Provided, however, notwithstanding the foregoing, this Agreement shall terminate sooner upon
the earliest occurrence of the following events:
(i) Immediately upon termination of an agreement with the DECD Commissioner with
respect to each Qualified Data Center contemplated hereunder;
(i) Immediately upon failure to make the Qualified Investment pursuant to Section
2(b) above within the five-year period contemplated therein, and/or to timely make
application for all building permit(s) required by Section 3 above;
(iii) immediately as to either Qualified Data Center upon it no longer being used as a
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Qualified Data Center after the date when a certificate of occupancy is issued for
such Center allowing such use; provided, if any building on such parcel ceases
being used as a Qualified Data Center after the date when a certificate of
occupancy is issued for all such structures on such parcel allowing such use, this
Agreement shall terminate as to such parcel and any structures upon it in its
entirety upon the last date the final structure on such parcel is no longer used as
a Qualified Data Center;
(iv) termination of