Connecticut 2017 Regular Session

Connecticut Senate Bill SB01038 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Senate Bill No. 1038
	1	+	General Assembly Raised Bill No. 1038
	2	+	January Session, 2017 LCO No. 5393
	3	+	_____SB01038PD____032717____
	4	+	Referred to Committee on PLANNING AND DEVELOPMENT
	5	+	Introduced by:
	6	+	(PD)
2	7
3		-	Special Act No. 17-8
	8	+	General Assembly
	9	+
	10	+	Raised Bill No. 1038
	11	+
	12	+	January Session, 2017
	13	+
	14	+	LCO No. 5393
	15	+
	16	+	_____SB01038PD____032717____
	17	+
	18	+	Referred to Committee on PLANNING AND DEVELOPMENT
	19	+
	20	+	Introduced by:
	21	+
	22	+	(PD)
4	23
5	24		AN ACT AMENDING THE CHARTER OF THE OLD COLONY BEACH CLUB ASSOCIATION IN OLD LYME.
6	25
7	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
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9	28		Section 1. Section 2 of number 289 of the special acts of 1935 is amended to read as follows (Effective from passage):
10	29
11		-	The limits and territory of said association are defined and established as follows: Northerly by the state highway known as route number 156; southerly by Long Island sound; easterly by the development known as "Old Lyme Shores" and westerly by the line drawn from the north to the south boundaries along the west boundary of land with frontage on the west side of Sound View avenue. The limits and territory of said association may be extended at any time so as to include any land in the town of Old Lyme adjacent to that above described, upon written application of the owner or owners of such other land, in an instrument describing the same and the terms of such proposed annexation, provided such application shall be accepted by a two-thirds vote of all the members [present or represented at any annual or special meeting] of said association. If such application shall be thus accepted, it shall be inscribed upon the records of said association and recorded in the land records of the town of Old Lyme, and thereupon such other land shall be incorporated within the limits and territory of said association and the owner or owners of such other land, while they are owners thereof, shall be a part of said body politic and corporate.
	30	+	Sec. 2. The limits and territory of said association are defined and established as follows: Northerly by the state highway known as route number 156; southerly by Long Island sound; easterly by the development known as "Old Lyme Shores" and westerly by the line drawn from the north to the south boundaries along the west boundary of land with frontage on the west side of Sound View avenue. The limits and territory of said association may be extended at any time so as to include any land in the town of Old Lyme adjacent to that above described, upon written application of the owner or owners of such other land, in an instrument describing the same and the terms of such proposed annexation, provided such application shall be accepted by a two-thirds vote of all of the members [present or represented at any annual or special meeting] of said association. If such application shall be thus accepted, it shall be inscribed upon the records of said association and recorded in the land records of the town of Old Lyme, and thereupon such other land shall be incorporated within the limits and territory of said association and the owner or owners of such other land, while they are owners thereof, shall be a part of said body politic and corporate.
12	31
13		-	Sec. 2. Section 3 of number 289 of the special acts of 1935 is amended to read as follows (Effective from passage):
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15		-	The [objects] objectives of said association shall be to provide for the improvement of the lands in said territory and for the health, comfort and protection and convenience of the inhabitants thereof.
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17		-	Sec. 3. Section 5 of number 289 of the special acts of 1935 is amended to read as follows (Effective from passage):
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19		-	The first meeting of the members of said association shall be held on the fourth Saturday in June, 1935, at such time and place within the limits of said association as the committee hereinafter named shall designate in the warning of such meeting, for the purpose of electing a board of governors. At said first meeting there shall be elected three members of the board of governors to serve for one year, two members to serve for two years and two members to serve for three years and until their successors shall be elected. [Annual meetings shall be held on the fourth Saturday of June in each year at such time and place within the limits of said association as said board of governors shall direct. ] Semiannual meetings will be held in June and September with the date and location to be determined by the board of governors and located within the boundaries of Old Lyme, Connecticut. Notification of said meetings will be delivered by an approved method of communications as outlined in the association by-laws.
	35	+	This act shall take effect as follows and shall amend the following sections:
	36	+	Section 1 from passage Number 289 of the special acts of 1935, Sec. 2
20	37
21		-	~~Sec. 4.~~ ~~Section 7 of number 289 of the special acts of 1935 is amended to read~~ as follows ~~(Effective from passage)~~:
	38	+	This act shall take effect as follows and shall amend the following sections:
22	39
23		-	Any vacancy in said board, occurring during the year, may be filled by a majority vote of the remaining board of governors members, and such member so appointed shall hold office for the unexpired portion of the term.
	40	+	Section 1
24	41
25		-	~~Sec. 5. Section 8 of number 289 of the special acts of 1935, as amended by section 1 of number 303 of the special acts of 1947, is amended to read as follows (Effective~~ from passage):
	42	+	from passage
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27		-	~~Said association may purchase, acquire or own real estate, and the governing board may enact by-laws or ordinances for the following purposes: To regulate travel over the highways within the limits~~ of the ~~association when, in the opinion~~ of ~~said board~~, the free and unrestricted use of said highways may become dangerous or inconvenient; to appoint and remove police officers to act within the limits of said association, who shall have the powers of constables within said limits for the purpose of making arrests for violations of any law or any regulation or by-law of said association; to clean and improve any and all ditches; to care for beaches and waterfronts; to keep the streets and all public places within the limits of said association quiet and free from noise; to regulate the parking of motor vehicles; to build, repair and improve highways, roads and sidewalks within the limits of said association; to require owners or lessors of land or buildings within the limits of said association to remove leaves and other inflammable material or obstructions from the highway adjacent to or in front of property owned, leased or occupied by them; to prevent the deposit upon the property within the limits of said association of any refuse, garbage or waste material of any kind which, in the opinion of said board, may endanger the public health or safety or which may become a nuisance; to remove garbage, filth, nightsoil, ashes and other refuse matter within said limits and to authorize such person as the board may designate to make entry on any private property within said limits for the purpose of taking and removing all filth, garbage, ashes, nightsoil or any other offensive matter; to establish building lines; to adopt, modify and enforce a building code; to appoint one or more building inspectors; to protect any property from danger by fire, including the regulation of the number of cottages and structures that may be erected or placed on a single building lot within said limits; to regulate and limit the carrying on within the limits of said association of any business that will, in the opinion of said board, be prejudicial to public health or dangerous to or constitute an unreasonable annoyance to those living or owning property in the vicinity thereof, which regulations shall be uniform for each class or kind of buildings or structures, or class of business; to regulate peddling as provided for in towns under the general statutes; to restrict the right of entry on the property of said association except upon the highways and to promote the planting of trees and shrubbery and other work leading to the improvement of the general appearance of the community. Said association shall have exclusive charge and control of all roads within the limits which are not under town or state control. Said governing board may fix a penalty for each violation of any such by-law, ordinance or regulation, [of not more than twenty dollars] for each offense, and the penalties may be recovered in any action brought for the purpose in the name of The Old Colony Beach Club Association before any court having jurisdiction, for the use and benefit of said association. No by-law or ordinance shall take effect until ten days after its passage, nor until it [shall have] has been [posted on a signpost within the limits of the association, to be designated by the governing board,] communicated to members of the board by an approved method of communications as outlined in the association by-laws for at least seven days. A certificate of the [secretary of said association of the posting] clerk of the association of the proper notification of any by-law or ordinance as provided herein shall [be] determine what constitutes prima facie evidence of such [posting] notification. Nothing herein shall be construed as authorizing the board or the association to change, by regulation, restrictions in deeds and nothing herein shall impair the exclusive right of The Sound View Water Company, its successors and assigns, to install and maintain water pipes in the streets.
	44	+	Number 289 of the special acts of 1935, Sec. 2
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29		-	Sec. 6. Section 9 of number 289 of the special acts of 1935 is amended to read as follows (Effective from passage):
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31		-	The board of governors shall prepare and submit to said association, at [each annual] the June semiannual meeting, a budget and recommend a tax for the purpose of and based on such budget. [, of not exceeding seven mills on the dollar of the total value of real estate within the limits of said association as shown by the last-completed grand list of the town of Old Lyme which budget and tax rate shall be posted on the signpost of said association not less than five days before such annual meeting. ] The board of governors will set the mill rate on the dollar of the total value of real estate within the limits of said association as shown by the last-completed grand list of the town of Old Lyme. The recommended tax will be communicated to the members of the board at least ten days before the annual meeting by an approved method of communications as outlined in the association by-laws. Said association shall have the power to decrease such budget and rate of taxation recommended by said board of governors, but in no case shall it have power to increase such budget and rate of taxation. The rate of taxation so recommended by said board of governors shall be final unless decreased by the association at such annual meeting. Said board shall appoint a tax collector to collect such taxes, and a rate book shall be made out and signed by the clerk of said board on or before the third Saturday of July each year, and warrants may be issued for the collection of money due on such rate bills, pursuant to the provisions of section 1208 of the general statutes.
32	47
33		-	~~Sec. 7.~~ ~~Section 10 of number 289 of the special acts of 1935, as amended by section 2 of number 303 of the special acts of 1947, is amended to read as follows (Effective from passage):~~
	48	+	PD Joint Favorable
34	49
35		-	Written notice of the rate of such tax and of the amount apportioned to each member of the association shall be sent by the tax collector on or before the following July [fifteenth] first, and such tax shall be due and payable on [the fifteenth of the following] August first, and, if such tax be not paid when due, it shall bear interest [at the rate of six per cent per annum from the date] consistent with state tax laws from the date when it was so payable. The tax collector shall have all the powers of collectors of town taxes and shall pay over the taxes as soon as collected to the treasurer of the Association. Each such tax, if not paid when due, shall be a lien upon the property upon which it shall be laid for one year from the time of the laying of such tax. Such lien may be continued by certificate to be recorded in the land records of the town of Old Lyme, pursuant to the provisions of section 1235 of the general statutes.
	50	+	PD
36	51
37		-	Sec. 8. Section 12 of number 289 of the special acts of 1935, as amended by section 3 of number 303 of the special acts of 1947, is amended to read as follows (Effective from passage):
38		-
39		-	[Twelve] Thirty members of said association shall constitute a quorum for the transaction of business. To the extent lawful, any person entitled to attend and vote at a members meeting may establish his/her presence and cast his/her vote by proxy. A proxy vote may be given by any person entitled to vote, but shall be valid only for the specific meeting for which originally given and any lawful adjournment of that meeting, and no proxy is valid for a period longer than ninety days after the date of the first meeting for which it was given. Every proxy is revocable at the pleasure of the person executing it. To be valid, a proxy must be in writing, dated, signed by a person authorized to cast the vote for the property, and specify the date, time and place of the meeting for which it is given. The signed and dated original must be delivered to the clerk at or before the time of the meeting or continuance thereof. Holders of proxies need not be members. No proxy is valid if it names more than one person as the proxy holder. Any member may designate in writing any person to act as his or her proxy at any meeting of said association, such proxy to be entitled to all privileges of such member.
40		-
41		-	Members of the association are entitled to only one vote for each parcel within the limits of the association, as identified on the last completed grand list of the Town of Old Lyme. The total number of votes will equal the total number of parcels. If a parcel is owned by multiple individuals, such as a husband and wife, any record owner may vote on behalf of the parcel. If a parcel is owned by a corporation, any officer may vote on behalf of said corporation. If a parcel is owned by a partnership, any general partner may vote on behalf of the partnership. If a parcel is owned in trust, any trustee of a trust shall be entitled to vote. If a parcel is owned by limited liability corporation (LLC), any member or manager may vote on behalf of the LLC.
42		-
43		-	Sec. 9. Section 13 of number 289 of the special acts of 1935 is amended to read as follows (Effective from passage):
44		-
45		-	[Notice in writing of each meeting of the association] Notification of meetings, stating the purpose of the meeting, [shall be given by the clerk by letter, postage paid, addressed to each member of the association and mailed at least five days before such meeting] will be delivered by an approved method of communications as outlined in the association by-laws. Notification will be issued at least ten days before such meeting.
46		-
47		-	Sec. 10. Section 16 of number 289 of the special acts of 1935, as amended by section 5 of number 303 of the special acts of 1947, is amended to read as follows (Effective from passage):
48		-
49		-	By-laws or rules of said association shall be enacted at a regular annual meeting or at a special meeting called for such purpose. By-laws or rules of said association may be enacted by the board of governors and any such by-law or rule so enacted shall become effective ten days [after publication thereof in some newspaper having a circulation within the association,] thereafter. Notification will be delivered by an approved method of communications as outlined in the association by-laws, provided, upon a petition of not less than twenty members of said association within ten days after publication of such by-law or rule, asking that the same be submitted to the members of said association at its next regular or special meeting, it shall be so submitted and in such event shall not become effective unless a majority of the members of said association voting at such meeting shall vote in favor thereof.
50		-
51		-	Sec. 11. Section 19 of number 289 of the special acts of 1935, as amended by section 7 of number 303 of the special acts of 1947, is amended to read as follows (Effective from passage):
52		-
53		-	This act shall become effective upon its adoption by the majority vote of the members of said association who shall be present at a meeting called for that purpose by the board of governors, which meeting shall be warned as provided in section 13 of said act and held on the [fourth Saturday of June, 1947] first Saturday after Labor Day, 2015.
	52	+	Joint Favorable