[Adopted 12-10-1990]
There is hereby created, pursuant to C.G.S.
§§ 7-273aa to 7-273oo, inclusive, a resource recovery
authority to be known as the "Eastern Connecticut Resource Recovery
Authority" (the "Authority"). The principal office of the Authority
shall initially be located at the Municipal Building, deKoven Drive,
Middletown, Connecticut 06457. At a time to be determined by the Authority,
but not later than the date on which the Authority issues bonds or
other evidence of indebtedness to finance costs of the solid waste
disposal system, the principal office of the Authority shall be moved
to a location to be selected by the Authority in Lisbon, Connecticut.
The Authority shall have all the powers and duties of a municipal
authority and of a regional authority pursuant to Chapters 103B, 446D
and 446E of the Connecticut General Statutes.
The City shall be the initial member of the
Authority. Any municipality seeking to become a member of the Authority
after this article is passed shall become a member only upon:
Each member municipality shall have one representative
to the Authority, who shall be appointed by the chief elected official
of the municipality or his or her designee. Representatives shall
serve for three-year terms, except that the first representative of
each member municipality shall serve for a one- , two- or three-year
term as designated by the Authority in order to ensure that not more
than 1/2 of the terms of all representatives shall expire within any
one year. Each representative shall serve until his or her successor
is duly appointed and qualified. Notwithstanding the foregoing, the
chief elected official of a member municipality, or his or her designee,
may replace such municipality's representative from time to time upon
10 days' prior notice to the Authority. Representatives shall serve
without compensation but may be reimbursed by the Authority for necessary
expenses incurred in conducting Authority business.
A.
Each representative shall have one vote for each ton
of waste his or her municipality is obligated to deliver to the Authority
during the then-current fiscal or operating year pursuant to the terms
of a Municipal Solid Waste Disposal Agreement among the Authority
and the member municipalities concerning the development, operation
and maintenance of a solid waste disposal system (the "Municipal Solid
Waste Disposal Agreement"). Prior to the first year in which the member
municipalities are obligated to deliver waste to the Authority pursuant
to the Municipal Solid Waste Disposal Agreement, each representative
shall have one vote for each ton of waste his or her municipality
will be obligated to deliver to the Authority during the first fiscal
or operating year of the solid waste disposal system pursuant to the
terms of the Solid Waste Disposal Agreement.
B.
At any meeting of the Authority, the presence of representatives
entitled to cast at least a majority of the total number of votes
entitled to be cast by all representatives shall constitute a quorum.
Action by the Authority shall require approval by at least a majority
of the total number of votes entitled to be cast by all representatives
to the Authority.
Each member municipality may appoint one alternate
representative for its regular representative. An alternate representative
may vote at a meeting of the Authority only when the regular representative
is absent.
A.
A member municipality shall not assume any liabilities
or responsibilities of the Authority or created by the action of the
Authority, or be responsible for payment of any expenses of the Authority,
unless:
B.
The provisions of this section shall not relieve any
member municipality of its contractual obligations under the Solid
Waste Disposal Agreement.
A member municipality, upon a vote of its legislative
body, may withdraw its membership in the Authority by giving at least
six months' prior written notice to each of the other member municipalities
and to the Authority and by complying with requirements for withdrawal
from the Authority set forth in the bylaws of the Authority and the
Municipal Solid Waste Disposal Agreement or otherwise established
by the Authority. Withdrawal of membership from the Authority shall
not in any manner terminate or relieve the municipality of any liability,
responsibility or obligation, contractual or otherwise, incurred by
it prior to withdrawal, including, without limitation, those set forth
in the Municipal Solid Waste Disposal Agreement and in contracts and
agreements to deliver municipal solid waste or to pay tipping fees
or other charges.
The chief elected official or other authorized
official of a municipality passing this article is hereby authorized
and directed to enter into the Municipal Solid Waste Disposal Agreement
and to take such other and further actions as may be necessary or
desirable to implement this article.
[Added 9-20-1993]
A.
The Authority shall not employ as paid staff or enter
into any contract with:
(1)
Any City representative to the Authority or his or
her immediate family or any of his or her business affiliates; or
(2)
Any person who is, or within one year prior to the
date of employment or contract with the Authority has been, a member
of the Common Council of the City or his or her immediate family.
B.
BUSINESS AFFILIATE
CITY REPRESENTATIVE TO THE AUTHORITY
(1)
(2)
(3)
IMMEDIATE FAMILY
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any sole proprietorship, partnership, firm, corporation,
trust or other entity through which business for profit is conducted
in which the City representative or member of his or her immediate
family is a director, officer, owner, limited or general partner,
beneficiary of a trust or holder of stock constituting 5% or more
of the total outstanding stock of any class.
Mayors of the City who served, ex officio, as
the City representative to the Authority, being Paul Gionfriddo (December
1990 to November 1991), Sebastian J. Garafalo (November 1991 to May
1993), and Stephen T. Gionfriddo (May 1993 to present), and having
as their address in such capacity the City of Middletown, Municipal
Building, deKoven Drive, Middletown, Connecticut 06457; or
Any of the members of the temporary commission
established by the Mayor and resolution of the Common Council adopted
on the date hereof, as the City's representative to the Authority,
being the Mayor, ex officio, Emanuel A. Pattavina, 96 Nejako Drive,
Middletown, Connecticut 06457, and Stephen P. Shapiro, 1001 Bartholomew
Road, Middletown, Connecticut 06457 or any successor member of such
temporary commission; or
Any person who is hereafter appointed and serves
as a representative of the City to the Authority.
Any spouse, children or dependent relatives who reside in
the individual's household.
