Legislative Council

3 PRIMROSE STREET NEWTOWN, CT 06470 TEL. (203) 270-4201 FAX (203) 270-4205 www.newtown-ct.gov P TOWN OF NEWTOWN LEGISLATIVE COUNCIL MEETING JUNE 6, 2018 NEWTOWN MUNICIPAL CENTER, NEWTOWN, CT PRESENT: Chris Eide, Chris Smith, Jordana Bloom, Robert Pickard, Judit DeStefano, Ryan Knapp, Dan Wiedemann, Paul Lundquist, Phil Carroll, Kelley Johnson, Jay Mattegat, Dan Honan. ALSO PRESENT: First Selectman Dan Rosenthal, Finance Director Bob Tait, 1 press. CALL TO ORDER: Mr. Lundquist called the meeting to order with the Pledge of Allegiance at 7:30 pm. VOTER COMMENT: None MINUTES: MS. BLOOM MOVED TO APPROVE THE MINUTES OF THE APRIL 18, 2018 MEETING. SECOND BY MR. WIEDEMANN. ALL IN FAVOR. MOTION PASSES. (12-0) COMMUNICATIONS: Mr. Lundquist reviewed communications received from Kinga Walsh to share information on open house sessions on the new community center; Deb Zukowski email related to tax exemption for farm buildings; plastic bag ban. (ATTACHMENT) COMMITTEE REPORTS: Mr. Knapp – Ordinance Committee – met and will schedule meeting next week. FIRST SELECTMAN’S REPORT: Mr. Rosenthal said the BOS has had two meeting, BOS ratified lease agreement with a local business that plans to renovate Stratford Hall for use as a brewery, goes with the master plan for business development in Fairfield Hills. The Town will still own the building and replace the roof, but the new tenant will do a lot to bring the building up to standards and trusts they will do a good job, this will encourage other commercial enterprises on campus. BOS approved easement for Cherry Grove property, Newtown Forest Association took the lead on it, consistent with conservation plan for the Town. A lot of members of the public provided donations, with BOS, BOF, and eventually to the Legislative Council for approvals. Mr. Rosenthal said the easement will protect the property in perpetuity. Come before Council in around $100,000 for approval. Mr. Rosenthal reviewed the statistics of the recent storm, he recognized efforts of the emergency response team and first responders, and crews from Eversource, the power back not as quickly as he would have liked, clean-up continues, Rob Sibley applied for FEMA reimbursement, county threshold is $3.4 million, municipal damage assessment run $1 million, and residential about $1.7 million. Review aggregated files and process going forward. Support will not be known until August or September. Extensive clean up going on, bring in specialized equipment, goal is end of June for clean-up. Police Department – sites in Town continue to be looked at, Mr. Rosenthal expects the process to be completed by the next BOS meeting.  LEGISLATIVE COUNCIL Mr. Knapp commented that Eversource management was slow to respond, the ration of linesman to tree crews was askew, Eversource has had this problem before, what recourse. Mr. Rosenthal said that he made efforts to reach out, this time Eversource may not have had the gravity of the situation and explained how the process is supposed to work, priority circuit like the NHS as a shelter. The first part of the storm is to make safe, mark lines as dead, can’t let town crews go if leaning on wires, restoration process starts after, slow in the initial response, they could have sent more line crews sooner. Ms. Johnson asked about Frontier, Charter slow to respond. Mr. Rosenthal explained delays in process of determining extent of delays, and Mr. Rosenthal has involved them in summary efforts. Ms. Johnson suggested further elevate social media and notification efforts. Consider ways to improve and market communication efforts. Mr. Mattegat recognized a great job with Town staff and thanked Mr. Rosenthal for being a formidable advocate and extended thanks to all departments. Mr. Pickard said that the Emergency Broadcast Service could be utilized. Seniors may need more outreach efforts. Mr. Rosenthal agreed and said there are always ways to improve. NEW BUSINESS Postponed: The northwest regional workforce investment board and request to sign intergovernmental agreement. MR. WIEDEMANN MOVED TO SET THE MILL RATE OF 34.23 EFFECTIVE JULY 1, 2018. SECOND BY MR. CARROLL. ALL IN FAVOR. MOTION PASSES. (12-0) MR. WIEDEMANN MOVED THE APPROVAL OF TAX COLLECTOR SUSPENSE LISTING. SECOND BY MR. CARROLL. Mr. Lundquist explained this represents funds that are not collectable. Mr. Mattegat asked why deemed uncollectable if in Town and in business. Mr. Tait explained many efforts made, most are motor vehicle taxes, most businesses are no longer here, but tax collector deemed uncollectable. Efforts continue to try to collect. Remain on the books for 10 years. Mr. Wiedemann asked for what percentage collected after moved off the book, small percent, maybe 5%. Mr. Eide asked if this is an accounting move, Mr. Tait said yes, it is an accounting function. Similar to prior years. Mr. Lundquist explained about $200,000 dismissed, maybe some accounts may deserve some more scrutiny, Mr. Tait agreed to go through. Mr. Smith asked which departments handle that, Mr. Tait will give to major departments to look through, Public Works and Parks and Rec. ALL IN FAVOR. MOTION PASSES. (12-0). MR. WIEDEMANN MOVED PER TOWN CHARTER 7-05 (c) DESIGNATE THE ACCOUNTING FIRM MAHONEY SABOL TO AUDIT THE BOOKS AND ACCOUNTS OF THE TOWN RELATING TO FISCAL YEAR ENDING JUNE 30, 2018. SECOND BY MR. KNAPP. Mr. Wiedemann said every 5 years RFP, this year is their first year. Fees the same as next year. ALL IN FAVOR. MOTION PASSES. (12-0) MR. WIEDEMANN MOVED A RESOLUTION APPROVING A $700,000 EMERGENCY APPROPRIATION, INITIATED BY THE LEGISLATIVE COUNCIL, INCREASING THE TRANSFER OUT – CAPITAL AND NON-RECURRING ACCOUNT IN THE GENERAL FUND. THIS $700,000 EMERGENCY APPROPRIATION WILL BE FUNDED BY THE USE OF FUND BALANCE (IN THE GENERAL FUND). SECOND BY MR. CARROLL. Mr. Rosenthal commented  LEGISLATIVE COUNCIL that the BOS took up a transfer request, total storm response about $1 million. Transferred $300,000 from contingency and unspent line items. The balance to be made up in fund balance, due to charter revision. Mr. Lundquist spoke to the charter issue, revisit that issue and see if it can be corrected, timing and process. Mr. Knapp questioned CIP projects noting a March 22 meeting. Mr. Tait said there are considerations if it is a grant, appropriation, or special appropriation. Mr. Knapp said the wording of it the appropriation is for the total amount, but the funding is different. Mr. Tait said the charter defines what a special appropriation is. This is considered an emergency appropriation. Mr. Tait clarified that there was an amendment to a sidewalk project increase the appropriation. Deauthorization discussed. Mr. Lundquist suggested to reduce $350,000, Mr. Tait recommended reduce to 425,000. MR. KNAPP MOVED TO AMEND TO REDUCE AMOUNT TO $425,000. SECOND BY MR. CARROLL. ALL IN FAVOR. MOTION TO AMEND PASSES. (12-0) MOTION FOR A RESOLUTION APPROVING A $425,000 EMERGENCY APPROPRIATION, INITIATED BY THE LEGISLATIVE COUNCIL, INCREASING THE TRANSFER OUT – CAPITAL AND NON-RECURRING ACCOUNT IN THE GENERAL FUND. THIS $425,000 EMERGENCY APPROPRIATION WILL BE FUNDED BY THE USE OF FUND BALANCE (IN THE GENERAL FUND). ALL IN FAVOR. MAIN MOTION AS AMENDED PASSES. (12-0). MR. WIEDEMANN MOVED A RESOLUTION AUTHORIZING THE CREATION OF THE NEWTOWN COMMUNITY CENTER SPECIAL REVENUE FUND TO ACCOUNT FOR THE GENERAL ELECTRIC COMPANY “OPERATIONAL EXPENSES” GRANT AND COMMUNITY CENTER CHARGES FOR SERVICES AND OTHER COMMUNITY CENTER REVENUES. THE (SPECIAL) REVENUES ARE TO BE USED FOR THE NEWTOWN COMMUNITY CENTER. SECOND BY MR. CARROLL. Mr. Tait said this will account will be set up to account for the new community center. Funding schedule to be set. There will be synergy between the community center and the senior center, need to track GE grant, managing and staffing. Mr. Lundquist noted immediate spending is for the director who started Monday. Mr. Rosenthal said there is coordination and collaboration with Parks and Rec, included in the director’s job description. Mr. Rosenthal will oversee. This account will create transparency around expenditures and revenue. ALL IN FAVOR. MOTION PASSES. (12-0) VOTER COMMENT: None. ANNOUNCEMENTS: Sandy Hook Firehouse Lobster Fest is this weekend. ADJOURNMENT: There being no further business the meeting adjourned at 8:53 pm. Respectfully Submitted, June Sgobbo Clerk Attachments: Communications, Lead Elected Communication – IGA 2018, Board Overview, Intergovernmental Agreement 3-17-2018, Population % Northwest Liability Calc, Resolution Approving Emergency Appropriation, Special Appropriation CAP Calculation as of 6-1-18, Suspense List Letter, Suspense List Detail. These are draft minutes and as such are subject to correction by the Legislative Council at the next regular meeting. All corrections will be determined in minutes of the meeting at which they were corrected. From: Susan Marcinek <susan.marcinek@newtown-ct.gov> Date: Mon, May 14, 2018 at 12:13 PM Subject: Fwd: FW: Liability concern with Workforce Investment Board Agreement To: Daniel Rosenthal <dan.rosenthal@newtown-ct.gov>, "Lundquist, Paul" <Plundquist.Newtown@gmail.com> Dan & Paul, Please see the below email from Catherine Awwad. Sue Marcinek Executive Assistant Office of the First Selectman 3 Primrose Street Newtown, CT 06470 (203) 270-4203 (203) 270-4205 (FAX) ---------- Forwarded message ---------- From: Catherine.Awwad <Catherine.awwad@nrwib.org> Date: Mon, May 14, 2018 at 11:02 AM Subject: FW: Liability concern with Workforce Investment Board Agreement To: Susan Marcinek <susan.marcinek@newtown-ct.gov> Sue, I am forwarding an email sent to the lead elected officials in the northwest corner in response to a concern regarding the liability clause. I was told that similar concerns may exist for your selectmen as well. Perhaps this email could be sent out to them ahead of the meeting on Wednesday night. I look forward to seeing you there. Cathy Subject: RE: Liability concern with Workforce Investment Board Agreement I am forwarding an email regarding the question of liability as well as attaching the Excel spreadsheet that calculates the percent of liability based on the relative benefit and proportionate use of each of the municipalities in the region. Should you have any further questions please give me a call. I would like to offer a few points of information and clarifications prior to the meeting to address your concerns about the liability and the issue of direct oversight. The Agreement before you is an updated version of the original Agreement that was fully executed by all 41 municipalities in 2003 when the Danbury‐Torrington and Greater Waterbury workforce boards merged under the direction of Gov. Rowland. At that time there were 8 workforce development boards (WDB) and the consolidation of 2003 reduced that number to 5 (creating the NRWIB) The Agreement allows the flow of federal and state dollars to assist your constituents with services related to a variety of funds that CT Dept. of Labor receives and passes thru to the NRWIB. Each of the 4 other WDB’s have the same Agreement in place among the municipalities in their respective regions. The issue of direct oversight by the municipalities is addressed in the Agreement through an Executive Committee of Lead Elected Officials that meet at least annually to approve, authorize and/or adopt operating budgets, policies, performance measures, the Local Plan and many other facets of operations. In the last two years, your Executive Committee, currently chaired by Mayor O’Leary, has meet 4 times to work with the NRWIB staff to assure that all new regulations under WIOA have been complied with. I would be happy to share the Agendas of these meetings. Further, I will make it a point going forward to notify all lead elected officials of those meetings should you wish to attend. To the concern of liability – under the federal regulations – should there be loss of grant funds, the NRWIB would be notified of such prior to the loss and planning to address such loss would commence upon notification. As to misappropriation or misuse, there is both a “Director and Officer” policy and well as an “ errors and omissions” policy in place. The NRWIB also employs the contractual services of the accounting firm of Shane Navritil, LLC – experts in expenditures of funds under WIOA‐ to provide guidance. In the last 17 years, audits have never revealed a questioned cost let alone a disallowed cost. Further the NRWIB has unrestricted cash reserves in the amount of $125,000 to defray any penalties. As to the liability of each member municipality above and beyond the $125,000 ,the WIOA legislation states that the liability be shared based on proportionate use and relative benefit. In an effort to give you an idea of your towns responsibility we queried a report that shows the numbers of residents in each of the 41 municipalities that have sought services in the last two years under the WIOA funding stream. I have attached that documents for your review as well. By way of example, Warren saw 32 of its residents seek services against the total of 15,677 residents seeking services in the region resulting in a 0.2% share in any potential liability. I am more than happy to speak and/or meet with you on an individual basis at any time. On Thu, May 31, 2018 at 4:33 PM, Kinga Walsh via Newtown CT <vtsdmailer@vt-s.net> wrote: Submitted on Thursday, May 31, 2018 - 4:33pm Submitted by user: Anonymous Submitted values are: Your name: Kinga Walsh Your e-mail address: kingawalshcommcenter@gmail.com Subject: Newtown Community Center and Senior Center Project Update Sessions: Please help spread the word! Message: Dear Legislative Council, On behalf of the Town and the Community Center Advisory Committee, I am reaching out to ask for help promoting two upcoming Newtown Community Center and Senior Center project update sessions. They will be Saturday, June 9th, from 10-11:30am and Tuesday, June 12, from 7-8:30pm in the Council Chambers at the Newtown Municipal Center. The plan is for “open house” sessions to allow residents to come in when they can to view the most up-to-date plans. To increase the awareness and reach of the events, it would be really helpful if you would share one or all of the following: - Below is a copy of the Town’s “News & Announcements” email that was sent earlier today. Please share to your email lists. - On the Community Center’s FB page, “The Bee” article from yesterday was posted. Please share to your pages (either personal or as an elected official). - Also on the CC FB page is a FB event for both sessions. Please increase the reach by adding residents to the invite list. In addition to the online and email communications, a presence will be had on “The Bee’s” main page (starting Friday, June 1st), the Town’s website will be updated to include information on the sessions, two A-frames with place, date and time will be centrally placed in town, window posters/flyers will be hung at various locations across town, and some houses of worship/churches have agreed to highlight the sessions and/or hang the flyer. With your help, we can reach even more residents and create increased interest in and attendance at the “open house” update sessions. Please email me with any questions or additional reach suggestions Thank you in advance, Kinga Walsh kingawalshcommcenter@gmail.com. Copy of Town’s “News & Announcements” Email: Community Center/Senior Center project status sessions June 9 and June 12 The Town of Newtown announces two project status sessions for the Newtown Community Center and Senior Center on Saturday, June 9th, 2018 from 10-11:30am and Tuesday, June 12th, from 7-8:30pm. The events will take place in the Council Chambers at the Newtown Municipal Center, 3 Primrose Street, Newtown, CT. Residents are invited to attend the “open house” events to view the Newtown Community Center and Senior Center’s most up-to-date plans. There will be a continuously-looping slideshow of some areas of the building's plans as well as elevations, which will also be on display boards. There will also be a scale model. Residents are invited to see the construction progress at the Center’s site on Simpson Street across from the Municipal Building (viewing through safety fence only, no direct access at this time). First Selectman Dan Rosenthal, newly-appointed Community Center Director Matt Ariniello, some other Town officials and volunteers from the Community Center Advisory Committee will be on hand to answer questions. If you have any immediate questions, feel free to email the Community Center Advisory Committee through their link on the Town’s website http://www.newtown-ct.gov/community-center-advisory-committee-subcommitt... contact the First Selectman's Office at 203.270.4201 ---------- Forwarded message ---------- From: Deborra Zukowski <deborraz@gmail.com> Date: Fri, May 18, 2018 at 5:39 PM Subject: Comments on Ordinances To: Ryan Knapp <ryan.w.knapp@gmail.com> Cc: Paul Lundquist <lundquist.paul@gmail.com>, James McFarland <james@jamesmcfarland.com>, FarmerJim@shorttsfarmandgarden.com Hey there, I'd like to share an experience I had while on the Board of Assessment Appeals related to the use of the ordinance for Tax Exemption for Farm Buildings (Chapter 208, Article IX). In addition, I'd like to provide my 2 cents on a feature of the plastic bag ban. Tax Exemption for Farm Buildings During the assessment appeals process, Shortts Farm filed an appeal that, in part, requested the $50,000 exemption for their retail space where they sold their own products - including crafts made by members of the family during winter, as well as some products from other farmers in the area. The assessor had deemed that the building did not meet the requirement of: "any building or buildings used actually and exclusively in farming, as defined in Section 1-1 of the Connecticut General Statutes," Note that 1-1(q) defines the term 'farming'. At issue is the word "exclusively." There have been purses and signs sold in the store. These added items are helpful in drawing people to the farm to shop in the store, and represent a small percentage of items sold. Given this, the Assessment Appeals Board found itself in a very difficult position. Our interpretation of "exclusively" meant that we had no choice but to deny the application of the exemption for the retail building. In doing so, we (or at least I) felt like we were likely not acting in accordance with the spirit of the ordinance. Can clarification language be added for such use? Plastic Bag Ban Note that my comments are in reference to the information provided in the Bee article: "https://newtownbee.com/ordinance-panel-digs-into-proposed-plastic-shopping-bag-ban/" as well as the minutes of April 30. I understand the merits associated with trying to get people to use fewer "single use" plastic bags. While I am one who finds such bags very useful, I will limit my comments to one aspect: the inclusion of a 10 cent charge per paper bag. I do not understand why 1] we don't trust the retail shops to determine how much the bags cost their businesses and charge accordingly (i.e., the ordinance could say that the retailers must be explicitly pass the added costs for the bags through to the consumer via a "bags charge," to help provide a disincentive for using the bags) and 2] why an additional revenue stream for the town is being added. Focusing on the latter, I understand that the town could use some of the money for offsetting costs associated with programs and education about recycling and being good stewards of our environment. I also understand that we need more funding for infrastructure. However, is creating an additional revenue stream needed? Wouldn't calling these out in the standard budget process, via the services provided by our town departments, work? We have many examples in government where added revenue streams have seemed like a good idea. For example, wasn't the lottery supposed to help fund education? The Casinos provide income to the towns? The gas tax help maintain and improve our state transportation infrastructure? Some could say these are all state- level disasters and the town knows better. However, at the town level, we used the unassigned fund for operational needs in the 2000's. And (from what I've been told), we've used the medical self-insured fund - prior to our current one - for funding things other than medical insurance overruns. In our own house, we have examples where we, in truth, have acted as the state is acting now. While our current leaders may not misuse the funds provided in the stream, future ones may. That is why, in my opinion, it is better to provide any additional funds needed as part of the actual department-level budget process, using revenue streams that already exist as a part of the budget process. In addition to not encumbering stores with having to tally and pay a specialized town-level tax, it keeps things simple, transparent, and helps maintain public trust.  Northwest Regional Workforce Investment Board Joseph Wrinn - Chair Giusseppe Pisani - Vice Chair Joe Vrabley - Secretary George LaCapra - Treasurer  Northwest Region Workforce Investment Area WATERBURY, DANBURY, TORRINGTON LABOR MARKETS  OUR MISSION: To promote economic development in the region by providing quality employment services to employers, job-seekers and youth.  Governance Structure Governor Consortium of Chief Elected Officials Northwest Regional Workforce Investment Board American Job Center(s)  Chief Elected Official Agreement 41 Municipalities  Executive Committee to have five members ( 2 permanent / 3 rotating-2 year terms)  Chair will rotate between the two permanent members (Waterbury/Danbury)  Liability insurance in place- disallowed costs shared based on relative use and proportionate benefit  NRWIB Board Offices in Waterbury AJC  City of Waterbury is Grant recipient  Board is Grant sub-recipient  Oversight  Executive Committee of Consortium of Chief Elected Officials meets to approve budget and priorities for the year in June.  Executive Committee of Board meets monthly to conduct ongoing business of NRWIB and act on sub-committees recommendations as empowered by the Annual Grant of Authority.  Full Board of Directors meet quarterly to set policy, receive programmatic and fiscal updates.  Sub-Committees meet on “as-needed” basis.  Youth Committee meets quarterly.  Strategic Plan  Continue to pursue and secure additional financial resources for the region’s workforce development efforts.  Increase communications to elected officials, educators and the general public about lifelong learning, career development and general workforce issues and trends.  Ensure Northwest Connecticut’s students and young adults are exposed to relevant and demand-driven career development opportunities.  Engage employers in the development of Northwest Connecticut talent pipeline.  Target training programs for both low-skill individuals seeking entry-level employment and more experienced, older individuals that need to “re- direct” their skills.  Facilitate collaboration with and among the economic development agencies within the expanded Northwest region.  Intergovernmental Agreement among the Municipalities of: Barkhamsted, Bethlehem, Bethel, Bridgewater, Brookfield, Canaan, Cheshire, Colebrook, Cornwall, Danbury, Goshen, Hartland, Harwinton, Kent, Litchfield, Middlebury, Morris, Newtown, New Fairfield, New Milford, New Hartford, Naugatuck, Norfolk, North Canaan, Prospect, Redding, Ridgefield, Roxbury, Salisbury, Sharon, Sherman, Southbury, Thomaston , Torrington, Warren, Washington, Waterbury, Watertown , Winchester / Winsted, Wolcott, Woodbury. RE: WORKFORCE INVESTMENT THIS Intergovernmental Agreement ("Agreement"), is entered into by and among the above referenced municipalities; (collectively, the "Parties" and, each individually, a "Party"). WHEREAS, the Parties desire to enter into an agreement in order for each Party acting by and through its chief elected official or other designated elected official (each, a "Chief Elected Official ") to implement workforce development activities under the Workforce Innovation and Opportunity Act, as it may be amended or replaced, and under such other workforce grants or appropriations, whether formula or discretionary, awarded by the United States or the State of Connecticut; and WHEREAS, the Parties desire to enter into such workforce agreement in order for each Party to authorize its Chief Elected Official to appoint local workforce board members in accordance with the Workforce Innovation and Opportunity Act or such other legislation as may require the appointment of a local workforce board in order to implement a workforce system and to strategically plan for the delivery of workforce services in the workforce region encompassing the geographic area comprised by the Parties (referred to herein as the "Local Workforce Development Area"), and to assign responsibilities among the Chief Elected Officials of each of the Parties; NOW, THEREFORE, in consideration of the premises and mutual covenants and obligations herein contained and subject to the terms and conditions hereinafter stated, · the Parties agree and understand as follows: ARTICLE I: AGREEMENT PURPOSE a. It is the purpose of this Agreement to affirm, state, and establish the duties, powers, and obligations of the consortium of "Chief Elected Officials" (the "Consortium”) and Executive Committee (the "Executive Committee") created under this Agreement. The terms and conditions that follow reflect the joint understanding among the Parties and shall be construed as the essential elements of the mutual considerations upon which this Agreement is based. b. The Parties intend to incorporate into this Agreement the duties and obligations governing the Parties, the Consortium, the Executive Committee, their grant and grant sub-recipient (s), the fiscal agent and regional workforce board (the "Local Workforce Development Board" or "Board") they shall appoint, and services providers they select to implement and operate State and federal workforce development programs.  c. The Executive Committee shall be responsible for oversight and policy determination for the development of a workforce system in the Local Workforce Development Area. d. Entry into this Agreement shall not be construed to affect any of the State's or Governor's rights to establish workforce areas or otherwise implement and oversee statewide workforce activities. ARTICLE II: PARTIES TO THE AGREEMENT a. The Parties shall constitute a Local Workforce Development Area in accordance with applicable State and federal laws. The Northwest Regional Workforce Investment Board, Inc., shall be the Local Workforce Development Board for the Local Workforce Development Area. b. Each Party represents and warrants that it has the constitutional and/or statutory power pursuant to the Connecticut General Statutes to enter into this Agreement. Further, that each has complied with any and all municipal charter, ordinance and/or other applicable requirements necessary to authorize the execution and delivery the this Agreement, including any subsequent amendments hereto that increase the liability of such Party under the terms of this Agreement and to designate a Chief Elected Official from the municipality to serve on the Consortium or the Executive Committee as applicable, and to act on the municipality's behalf. Further, each Party represents and warrants that this Agreement constitutes, and such subsequent amendments shall constitute, the legal, valid and binding obligation of such Party enforceable in accordance with its terms, and that the Parties have the constitutional and/or statutory power pursuant to the Connecticut General Statutes to enter into this Agreement. ARTICLE III: TERM a. This Agreement shall become effective on June 1, 2018, and shall be renewed every 3 years on July 1st of the required year, unless or until: i. The Governor re-designates the Local Workforce Development Area, or ii. this Agreement has been terminated by a Party upon the giving of written notice to the other Parties at least ninety (90) days prior to the end of the program year for receipt of federal workforce funds. In such instance this Agreement shall be terminated only as to such Party and not as to the other Parties to the Agreement. b. If any Party withdraws from this Agreement in accordance with the terms and conditions of this Agreement; i. The withdrawing Party shall be liable for obligations entered into or incurred prior to the effective date of its respective withdrawal. The remaining Parties shall be allocated the future liabilities of the withdrawing Party on a pro-rata basis relative to its then-existing pro-rata liabilities hereunder; ii. At the option of the other Parties;  A. This Agreement shall continue as to all of the other Parties and, to the extent that an amendment is necessary or appropriate, the Parties may enter into such amendment, or B. A new agreement may be negotiated; iii. In the event of the withdrawal of a Party, the Governor may take such action as is appropriate to address workforce area designation and amendment to this Agreement if necessary shall be effectuated by the Parties to conform to the action taken by the Governor. ARTICLE IV: ORGANIZATION a. To carry out the purposes of this Agreement a Consortium shall be created consisting of each Party's Chief Elected Official. b. There shall be an Executive Committee of the Consortium, which shall consist of (5) members. Two shall be permanent members and a three shall serve on a two (2) year rotating basis. The Mayors of Waterbury and Danbury shall be the permanent members. The rotating members shall be determined as follows: The Mayor of Danbury shall select one municipality, the Mayor of Waterbury shall select one municipality and together the Mayors of Waterbury and Danbury shall select one municipality. The term of the rotating members shall coincide with the calendar year, however the inaugural rotation term shall commence on July 1, 2018 and terminate on December 31, 2020 c. The officers of the Executive Committee shall include a chairperson, a vice- chairperson and a chairperson pro-tempore. The Chief Elected Officials of the City of Danbury and Waterbury shall alternate annually as chair and vice-chair, commencing with Waterbury as the chair. There shall be a chairperson pro-tempore whom shall be elected by the full Executive Committee, from among the Chief Elected Officials of the rotating municipalities. Each shall hold office until their successors are duly elected. Notwithstanding the foregoing, the initial term of officers shall commence in July 1, 2018 and shall terminate on December 31, 2020. d. The Executive Committee is the body that shall perform the duties and responsibilities of the Chief Elected Officials as specified in the Workforce Innovation and Opportunity Act and assume signatory responsibilities for Chief Elected Officials as specified in the Workforce Innovation and Opportunity Act. If signatories are required, the signature of the chairperson shall be required on behalf of the Consortium. e. Meetings i. The Executive Committee shall hold meetings to discuss workforce matters at least semi-annually, in the months of January and June, and more frequently at the discretion of the Executive Committee. ii. The chairperson shall preside at all Executive Committee meetings and shall perform all duties incident to that office. The vice-chairperson shall preside in the absence of the chairperson and shall have the power to exercise and perform all duties of the chairperson. iii. Meetings of the Executive Committee shall be noticed and declared public meetings, open to the public, in accordance with Connecticut State Statutes and federal law.  iv. A quorum at any Executive Committee meeting shall consist of the majority of the members of the Executive Committee. Actions by the Executive Committee must receive the affirmative votes of a majority of those members present and voting. f. The Consortium, acting by and through the Executive Committee shall support its programs and any costs incidental to the operation of programs by grant funds appropriated to it by the federal and State grants or appropriations. In addition, the Executive Committee or its designee is authorized to accept any other grants in aid or assistance or appropriations from any of its members, or any other organization or person, including the acceptance of gifts, grants, or bequests whether they be in the form of tangible or intangible property. g. The City of Waterbury shall be the grant recipient for the purposes of receipt of federal and State workforce investment and related funds. h. The Northwest Regional Workforce Investment Board, Inc. shall be the grant sub-recipient and fiscal agent for purposes of receipt of federal and State workforce investment and related funds. i. The Executive Committee shall be provided with staff and related support by the same staff as that hired to provide staff support to the Local Workforce Development Board. The staff shall carry out the policies of the Executive Committee, produce required reports for their review and approval and provide such other services as may be necessary for the Executive Committee to carry out its business. j. The Executive Committee shall appoint a private sector Board which meets the requirements of federal and State law, including without limitation, Sections 107-2. (B-E) and (B) of the Workforce Innovation and Opportunity Act and Conn. General. Statues. 31.3L, as they may be amended from time to time, with respect to the receipt of State and federal funding streams over which the Executive Committee shall exercise policy and oversight for the implementation of workforce investment and related programs, and which meets criteria established by the Governor and the State Workforce Investment Board (the "State Board"), currently the Connecticut Employment and Training Commission, pursuant to section 107(b)(l) of the Workforce Innovation and Opportunity Act for use by the Executive Committee in appointing such members. This majority private sector Board shall exercise those responsibilities with respect to workforce and related funding streams as shall be determined in any authorizing legislation or as shall be set forth herein. k. The Executive Committee shall appoint private sector members to the Northwest Regional Workforce Investment Board based upon the submission of names for their consideration from nominations brought forth from local business organizations and business/industry/trade associations. The Executive Committee shall follow the nomination process as required under the Workforce Innovation and Opportunity Act. i. Private sector members shall be in the majority of the members appointed ii. When possible half of the business members appointed shall represent small business including minority business. iii. Non-business members shall be selected in accordance with applicable law and the organizations, agencies, groups and institutions representing those sectors required by governing legislation to be appointed to the non-business seats on the Board.  iv. The Executive Committee, together with the Local Workforce Development Board shall be authorized to take such actions as are necessary to develop a workforce system for the Local Workforce Development Area as described herein. v. All nominations obtained and appointments made to the local Workforce Development Board shall be in accordance with the Workforce Innovation and Opportunity Act and Connecticut General Statutes 31.3L, as they may be amended from time to time. vi. Local Workforce Development Board members shall serve at the pleasure of the Executive Committee. vii. The Adult, Youth and Dislocated Worker Program funding streams, or other funding streams under the oversight of the Executive Committee shall be represented on the Local Workforce Investment Board by a member(s) of the Executive Committee, as determined by the Executive Committee for this purpose. ARTICLE V: POWERS DELEGATED TO THE EXECUTIVE COMMITTEE Without limiting the general delegation of authority and responsibility given to the Executive Committee under Article IV, Section (d) and without limiting the authority of the Executive Committee under the other provisions of this Agreement, the Executive Committee shall make policy decisions and shall act for the Parties in connection with all matters related to the subject matter of this Agreement, including, without limitation: a. The power to contract with any one of the Parties, the power to amend this Agreement , except for amendments or modifications to this Agreement for which a Party has consent rights under Article VI, Section (h) of this Agreement, and the power to contract with the State Board or the Local Workforce Development Board; b. Establishment of the manner in which funds shall be disbursed or paid, including the manner in which funds shall be disbursed by or on behalf of, one or more of the Consortium members or any entity it appoints to make such disbursements; c. Establishment of the manner in which purchases shall be made; d. Acquisition , ownership, custody, operation, maintenance, lease or sale of real and/or personal property ; e. The disposition, diversion or distribution of any property acquired ; f. The power to create a separate legal administrative entity to carry out Consortium's policies; g. The manner in which accountability for fund expenditures shall be provided for including an independent audit to be done in accordance with the Connecticut General Statutes, and applicable federal legislation, as well as oversight and monitoring; h. The acceptance of grants, gifts, or other types of financial assistance as allowed by law; i. The manner in which any program income, fee for services or surplus funds may be expended; j. The composition, membership appointments, and organizational approval of any advisory or partnership bodies to the Executive Committee or the Consortium. k. The development of policies and procedures and/or administrative rules to effectively carry out the Executive Committee or the Consortium's policies and decisions of the Executive Committee  on behalf of the Consortium so long as they do not conflict with federal and State rules and regulations, or impinge upon powers granted to the Board through any authorizing legislation governing any of the funding streams received. l. Together with the Local Workforce Investment Board: i. Approve the budget of the Board; ii. Approve the Local Workforce Plan ; iii. Designate/certify or competitively select local one-stop operators; iv. Provide oversight with respect to local youth activities, employment and training activities, and the one-stop delivery system; v. Negotiate local performance measures and levels with the State; vi. Establish the manner in which staff shall be employed to carry out and serve Consortium objectives with regard to workforce investment and related program policies; and vii. The Local Workforce Development Board shall be responsible for the selection of an Executive Director. The process for the selection of an executive director shall be approved by the Executive Committee; and m. Any other necessary and proper matters as they may arise and as is agreed upon by the Executive Committee or Parties. ARTICLE VI: GENERAL PROVISIONS a. The municipalities who execute this Agreement shall assume liability for the misappropriation, misuse or other loss of grant funds and other obligations in an amount equal to their proportionate share of costs of benefits and services derived by their respective residents during the previous fiscal year of the Local Workforce Development Board from any and all federal or State workforce investment programs, including, without limitation, any and all federal grant funds allocated to the Local Workforce Development Area and utilized to implement program(s) pursuant to the Workforce Innovation and Opportunity Act. Such liability shall derive from contractual and other obligations of the Consortium, the Executive Committee, the grant recipient and any sub grant recipient or fiscal agent and shall include without limitation, liability for any misuse of or loss related to the funds received under this Agreement to the extent allowed and/or required by law. b. Without limiting the foregoing, the Executive Committee shall require that the Local Workforce Development Board purchase such commercially reasonable insurance as is necessary to insure and indemnify the Parties, their Chief Elected Officials, the signatories to this Agreement, the Consortium, the Executive Committee and/or any of its members and any separate legal entity, grant recipient or grant sub-recipient from any liability which may attach due -to the operation of Workforce Investment, Welfare to Work or other federal or State workforce investment programs. c. The Parties shall save harmless and indemnify the Executive Committee, each individual Party, the Consortium , the grant recipient , the grant sub-recipient, the Board and their respective members from and against financial loss and expense arising out of any claim, demand, suit or judgment by reason of alleged negligence, intentional act or alleged deprivation of any person 's  civil rights or other alleged act or omission resulting in alleged damage or injury, if the indemnified person or entity is found to have been acting in the discharge of duties or within the scope of employment and such act or omission is found not to have been wanton , reckless or malicious. Each Party's liability under this subsection shall be in an amount equal to its proportionate share of costs of benefits and services derived by its residents during the previous fiscal year of the local Workforce Development Board from any and all federal or State workforce investment programs, including, without limitation, any and all federal grant funds allocated to the Local Workforce Development Area and utilized to implement program(s) pursuant to the Workforce Innovation and Opportunity Act. The Executive Committee shall coordinate the defense of any such indemnified person or entity in any civil action or proceeding in any state or federal court arising out of any alleged act, omission or deprivation that occurred or was alleged to have occurred while the indemnified person or entity was acting in the discharge of duties or in the scope of employment. Defense costs shall be allocated in the manner provided for in this Section. d. The Executive Committee shall be responsible for deciding on a course of action or defense in the event of a potential loss or liability covered under this Article VI. e. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. f. Whenever any Party desires to give notice unto another Party, notice must be given in writing sent by registered United States Mail with Return Receipt Requested, or by nationally recognized overnight courier, addressed to the Party for whom it is intended, at the address last specified in compliance with the provision of this Section. The Parties designate the office address of their respective Chief Elected Officials listed with their respective signatures on this Agreement as place for giving notice to a Party under this Agreement. Each Party may change the address for notice pursuant to a subsequent notice by the method and manner described in this Section. g. The Executive Committee shall make such reports to the State and the federal government as may be required and shall require such reports as necessary from the Board, the grant recipient or grant sub-recipient. h. No amendment or modification to this Agreement that increases the liability of any Party to the Agreement shall be effective unless such amendment or modification is agreed to in a written document executed and delivered on behalf of such Party by its authorized representative provided, however that any amendment to liabilities that occurs pursuant to Article Ill, Section b of this Agreement shall not require such written consent. All other amendments or modifications  to the Agreement may be effected by the Executive Committee, which shall provide written notice to all Parties of such other amendments or modifications to this Agreement. i. Executive Committee members may be reimbursed for travel and out of pocket expenses to the extent allowed by the authorizing legislation governing the funding stream from which reimbursement is sought. Reimbursement shall be in accordance with federal, State and local policies. j. To the extent a dispute shall arise among the Parties in connection with this Agreement, the Parties shall first attempt an informal resolution, followed by formal mediation. k. Captions to Articles of this Agreement are for convenience only and shall form no part of this Agreement. l. This Agreement shall be deemed to be a binding contract and shall be construed in accordance with and governed by the laws of the State of Connecticut, without regard to its principles governing conflicts of laws. m. In the event that any provision of this Agreement or the application of any such provision to any Party or circumstances be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect. n. Any waiver at any time by any Party of its rights with respect to any default or other matter arising in connection with this Agreement shall not be considered a waiver with respect to any subsequent default or other matter. IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the respective dates under each signature;  # of Clients Served divided Clients severed in each Clients Labor Force % of Clients by Total Labor Force town divided by Total Town/City Served Population Served Population. served population. Barkhamsted 90 2,308 3.90% 0.0278% 0.57% 0.57% Bethel 465 10,855 4.28% 0.1435% 2.97% 2.97% Bethlehem 92 1,964 4.68% 0.0284% 0.59% 0.59% Bridgewater 25 858 2.91% 0.0077% 0.16% 0.16% Brookfield 374 9,427 3.97% 0.1154% 2.39% 2.39% Canaan 88 710 12.39% 0.0272% 0.56% 0.56% Cheshire 520 15,572 3.34% 0.1605% 3.32% 3.32% Colebrook 28 822 3.41% 0.0086% 0.18% 0.18% Cornwall 2 763 0.26% 0.0006% 0.01% 0.01% Danbury 1,277 47,408 2.69% 0.3942% 8.15% 8.15% Goshen 56 1,642 3.41% 0.0173% 0.36% 0.36% Hartland 32 1,136 2.82% 0.0099% 0.20% 0.20% Harwinton 146 3,187 4.58% 0.0451% 0.93% 0.93% Kent 44 1,520 2.89% 0.0136% 0.28% 0.28% Litchfield 102 4,713 2.16% 0.0315% 0.65% 0.65% Middlebury 160 3,848 4.16% 0.0494% 1.02% 1.02% Morris 41 1,419 2.89% 0.0127% 0.26% 0.26% Naugatuck 1,048 17,132 6.12% 0.3235% 6.68% 6.68% New Fairfield 274 7,260 3.77% 0.0846% 1.75% 1.75% New Hartford 155 3,933 3.94% 0.0478% 0.99% 0.99% New Milford 691 15,502 4.46% 0.2133% 4.41% 4.41% Newtown 558 14,365 3.88% 0.1722% 3.56% 3.56% Norfolk 24 885 2.71% 0.0074% 0.15% 0.15% New Canaan 65 8,400 0.77% 0.0201% 0.41% 0.41% Prospect 218 5,543 3.93% 0.0673% 1.39% 1.39% Redding 141 4,471 3.15% 0.0435% 0.90% 0.90% Ridgefield 348 11,831 2.94% 0.1074% 2.22% 2.22% Roxbury 37 1,310 2.82% 0.0114% 0.24% 0.24% Salisbury 11 1,792 0.61% 0.0034% 0.07% 0.07% Sharon 31 1,458 2.13% 0.0096% 0.20% 0.20% Sherman 61 1,933 3.16% 0.0188% 0.39% 0.39% Southbury 399 8,733 4.57% 0.1232% 2.55% 2.55% Thomaston 227 4,687 4.84% 0.0701% 1.45% 1.45% Torrington 1,227 19,160 6.40% 0.3787% 7.83% 7.83% Warren 32 791 4.05% 0.0099% 0.20% 0.20% Washington 28 2,015 1.39% 0.0086% 0.18% 0.18% Waterbury 5,229 50,345 10.39% 1.6141% 33.35% 33.35% Watertown 377 12,920 2.92% 0.1164% 2.40% 2.40% Winchester 323 6,069 5.32% 0.0997% 2.06% 2.06% Wolcott 429 9,803 4.38% 0.1324% 2.74% 2.74% Woodbury 202 5,473 3.69% 0.0624% 1.29% 1.29% 15,677 323,963 4.8391% 100.00% 0.00% 100.00% 4.8391% The percentage towns served clients divided by A resolution approving a $700,000 emergency appropriation, initiated by the Legislative Council, increasing the Transfer Out ‐ Capital and Non‐Recurring account in the general fund. This $700,000 emergency appropriation will be funded by the use of Fund Balance (in the general fund). Estimates for the cleanup costs relating to the most recent storm are $1,000,000. This includes over time and contractual services costs (for the most part). This $700,000 emergency appropriation will provide most of the required funds to the Capital and Non‐Recurring Fund. The remaining funds will come from a general fund appropriation transfer request for $300,000 currently going through the approval process. If a FEMA reimbursement program grant is received the funds will be used to reimburse the general fund, fund balance and replace any appropriation transferred that is deemed necessary (such as road funds used).  Town of Newtown Special Appropriation CAP Calculation Fiscal Year 2017-18 Special Appropriation 2017-18 CIP Projects Amount Referendum Special Appropriation New Senior Center - Design & Construction 3,000,000 3,000,000 Middle School Improvements 1,800,000 1,800,000 Capital Road Program 1,000,000 1,000,000 Hawley School - Roof Replacement 850,000 850,000 High School - Phase II Auditorium 750,000 750,000 Edmond Town Hall Air Conditioning Project 571,000 571,000 Bridge Replacement Program 525,000 525,000 Treadwell Pool Deck Replacement 400,000 400,000 Police Facility Design 300,000 300,000 Library Renovations 273,000 273,000 Open Space Acquisition Program 250,000 Town Sidewalk/Streetscape Plan 200,000 TOTALS 9,919,000 Other Special Appropriations: Board of Education Special Education 1,031,481 1,031,481 Total to date 2,800,481 Amount left under the cap 704,777 2017 Grand List 3,505,258,825 1 Mill = 3,505,258 = Special Appropriation Cap