Planning and Development Committee

JOINT FAVORABLE REPORT

Bill No.:

HB-5540

Title:

AN ACT AMENDING THE CHARTER OF THE CIVIC ASSOCIATION OF SHORT BEACH IN THE TOWN OF BRANFORD.

Vote Date:

3/25/2014

Vote Action:

Joint Favorable Substitute

PH Date:

3/21/2014

File No.:

SPONSORS OF BILL:

Planning and Development Committee

REASONS FOR BILL:

This bill makes changes to the special charter governing the Civic Association of Short Beach. The object of this association is to provide protection for the property, health and morals of the inhabitants of the district. The bill defines the limits of the territory of the association. The bill specifies a nine member execute board and their powers. There will be an eight member zoning board of appeals which will consist of five regular members and three alternate members. The bill states that there will be an annual meeting of the members of the association to be held on the first Friday in June, and gives the details of the terms of the members of zoning boards of appeals. The bill allows the town of Middletown to apply for admission to the Mattabassett District and admitted as a constituent municipality upon approval by the legislative bodies of the existing constituent municipalities.

JOINT FAVORABLE SUBSTITUTE:

After line 363, add “Sec 15. Section 2 of number 240 of the special acts of 1961, as amended by section 1 of number 134 of the specials acts of 1963, section 1 of number 124 of the specials acts of 1967 and section 1 of special act 11-15, is amended to read as follows (Effective from passage):

(a) Within sixty days after action to establish said Mattabassett District has been initiated as set forth in section 1 of number 240 of the special acts of 1961, the legislative bodies of the city of New Britain, and such of the towns of Berlin and Cromwell as have indicated an intention of forming such district, shall meet individually at a time and place designated by presiding officer of the city council in the case of New Britain and by the first selectman in the case of Berlin and Cromwell, and each city and town shall provide, by resolution of its legislative body, for the appointment of its representative to the board of directors for said Mattabassett District, which board of directors shall consist of seven representatives from the city New Britain, three representatives from the town of Berlin and two representatives from the town of Cromwell. Of the representatives so appointed by the city of New Britain, three shall serve for terms of three years, three for terms of two years and one for a term of one year as determined by the legislative body. Of the representatives so appointed by the town of Berlin, two shall serve for terms of two years and one for a term of one year, as so determined. Of the representatives appointed by the town of Cromwell, one shall be appointed for a term of two years and one shall be appointed for a term of one year. Thereafter, appointments shall be for terms of three years and the total number of representatives on the board of directors shall be twelve unless the provisions of subsection (c) of the section apply.

(b) The city of Middletown may apply for admission to said Mattabassett District by vote of its legislative body. The board of directors of said Mattabassett District shall review such application for admission and shall recommend approval of such application to the constituent municipalities upon receipt of a payment by said city in the amount of thirteen million dollars. The city of Middletown shall be admitted as a constituent municipality upon approval by the legislative bodies of the existing constituent municipalities. If the city of Middletown is admitted to the Mattabassett District pursuant to this subsection, the provisions of subsection (c) of this section shall apply.

(c)(1) The number of representatives on the board of directors of the Mattabassett District shall be determined as follows: (A) Each Mattabassett District shall be represented by a base number of three representatives from each constituent municipality, and (B) each constituent municipality whose population, minus five thousand, is greater than the result of dividing the aggregate population of the constituent municipalities by the number of constituent municipalities shall be entitled to additional population-based compensatory representation. The number of additional representatives to which a constituent municipality is entitled may be calculated by (i) dividing the aggregate population of the constituent municipalities by the number of constituent municipalities, (ii) subtracting the result from the population of the constituent municipality, minus five thousand, (iii) dividing the result by fifteen thousand, and (iv) rounding the result up to the nearest whole number. The population of each municipality shall be determined according the last-completed federal census.

(2) At the first meeting following the date on which the city of Middletown receives final approval for admission to said Mattabassett District, the board of directors of said Mattabassett District shall allocate the representatives on such board in accordance with subdivision (1) of this subsection. Such board of directors shall meet not later than sixty days after the publication of each deferral census to determine whether a reappointment in the number of representatives on the board of directors is required. If such board determines at such meeting that a reapportionment is required, each constituent municipality affected by such reappointment shall increase or decrease its representatives on such board, as applicable, not later than one year after the date on which the board makes such determination.

(3) Each constituent municipality shall select its representatives on the board of directors of the Mattabassett District by a vote of its legislative body, except a constituent municipality may, by vote of such legislative body, use an alternative means of selection. For purposes of this section, alternative means of selection may include, without limitation, direct election by the electors of a constituent municipality. Each constituent municipality shall determine the term of office of each of its representatives on such board of directors, provided no such terms of office shall be more than three years.

(4) After the city of Middletown has been admitted to the Mattabassett District and the board of directors of said Mattabassett District has been apportioned and selected in accordance with this subsection, such board of directors shall select an initial chairperson. The initial chairperson shall be a representative from the constituent municipality with the greatest population, according to the last-completed federal census, and shall be elected from the representatives [or] from such municipality by a majority vote of all of the representatives on the board, except that if representative from such municipality is unable to serve as chairperson, the chairperson shall be elected from the full membership of the board of directors by a vote of all representatives on board. The term of office of such initial chairperson shall not exceed seven years. Upon the expiration of such term of office, each subsequent chairperson shall be elected from the full membership of the board of directors by a vote of all the representatives on the board.

(d) Beginning on the date on which the city of Middletown is admitted to the Mattabassett District pursuant to subsection (b) of this section, and annually thereafter, the Mattabassett District shall provide to the town of Cromwell a payment in the amount of one hundred thousand dollars. Such a payment shall be made after all payments of debt service on prior bonds of said Mattasbassett District have been made for such fiscal year and shall not be made from amounts generated from sewerage system service charges, connection charges, benefit assessments or amounts paid in lieu of service charges by the constituent municipalities.”

RESPONSE FROM ADMINISTRATION/AGENCY:

None

NATURE AND SOURCES OF SUPPORT:

None

NATURE AND SOURCES OF OPPOSITION:

None

Reported by: Greg Castelli

Date: 3/28/14