CHAPTER 32: TOWN ORGANIZATIONS
Section
   32.01   Board for Admission of Electors
   32.02   Participation in regional planning
   32.03   Regional Council of Governments
   32.04   Route 11 Greenway Authority Commission
   32.05   Cemetery Association
   32.06   Board of Finance
   32.07   Civil Preparedness Agency
   32.08   Recreation Commission
   32.09   Inland Wetlands and Conservation Commission
   32.10   Lake Authority for Gardner Lake
   32.11   Economic Development Commission
   32.12   Planning and Zoning Commission
§ 32.01 BOARD FOR ADMISSION OF ELECTORS.
   The Board of Admission of Electors shall be constituted of the Registrars of Voters and the Town Clerk.
(Ord. passed 3-13-1971)
§ 32.02 PARTICIPATION IN REGIONAL PLANNING.
   (A)   Pursuant to the provisions of § 1 of Public Act 613 of the 1959 Session of the General Assembly, the town hereby adopts Public Act 613 of the General Statutes and joins in the creation of the Regional Planning Agency for the Southeastern Connecticut Planning Region as defined by the State Development Commissioner under the provisions of Public Act 448 of the 1959 Session of the General Assembly.
   (B)   The town, having a population of 925 according to the Federal Census of 1960, shall have two representatives on the Agency.
      (1)   Pursuant to § 2 of Public Act 613 of the 1959 Session of the General Assembly, the Planning Commission of the town, duly constituted pursuant to the provisions of the General Statutes, is hereby authorized to appoint to the Regional Planning Agency one elector of the town for a term of one year.
      (2)   Thereafter, all appointments shall be made for a term of two years. Appointees under this section shall continue to serve after expiration of their terms until their successors are appointed and take office.
      (3)   Appointees may be reappointed for successive terms. Terms of office of initial appointees shall commence upon establishment of said Regional Planning Agency. The Board of Selectmen and the Planning and Zoning Commission shall appoint electors as representatives to the Regional Planning Agency within eight days of the passage of this section.
   (C)   Vacancies shall be filled by appointing body.
(Ord. passed 1-7-1961)
§ 32.03 REGIONAL COUNCIL OF GOVERNMENTS.
   (A)   The town hereby adopts Conn. Gen. Stat. §§ 4-124i through 4-124p, providing for the formation of the Southeastern Connecticut Regional Council of Governments and does hereby join such Regional Council of Governments when and as such Council is duly established in accordance with said statutes upon the adoption of said statutes by not less than 60% of the eligible municipalities within the Southeastern Connecticut Planning Region as defined by the Secretary of the Office of Policy and Management or his or her designee, and upon certification by the Secretary of the Office of Policy and Management or his or her designee that a Regional Council of Governments has been duly established.
   (B)   When the Regional Council of Governments is duly established and the transition period called for in Conn. Gen. Stat. § 4-124-1(b), as amended, has been completed, the town does hereby rescind the ordinance of January 7, 1961 and any amendments thereto that created the town’s participation in the Southeastern Connecticut Regional Planning Agency.
(Ord. passed 8-19-1992)
§ 32.04 ROUTE 11 GREENWAY AUTHORITY COMMISSION.
   The legislative body of the town hereby adopts the following section, entitled “Establishment of a Route 11 Greenway Authority Commission.”
   (A)   In accordance with the provisions of subsections (a), (b) and (c) of § 40 of Public Act 00-148, Substitute House Bill No. 5204, being Conn. Gen. Stat. § 13a-142e, a Route 11 Greenway Authority Commission is hereby established, at such time as all the Towns of East Lyme, Montville, Salem and Waterford shall have adopted ordinances consistent with the provision of subsections (b) and (c) of § 40 of said Public Act.
   (B)   The membership of said Commission shall consist of the Commissioner of Environmental Protection, or said Commissioner’s designee, the Commissioner of Transportation, or said Commissioner’s designee, a member and alternate member from each of the Towns of East Lyme, Montville, Salem and Waterford, appointed by the First Selectman of each of said towns, and a member and alternate member of the Southeastern Connecticut Council of Governments appointed by said agency. Each member and alternate member shall serve for a term of two years and until such member’s successor is appointed and has qualified. Such appointment shall take effect when the last of the four towns has adopted an enabling ordinance. An alternate member shall be empowered to vote on said Commission in the absence of the member for whom such person is an alternate. The initial terms of members shall commence when the last of the four towns adopting an enabling ordinance has appointed a member and an alternate member. Any vacancy on the Commission shall be filled in the same manner as the original appointment for the balance of the unexpired term. No appointed member shall receive any compensation for service on said Commission.
      (1)   Said Commission shall elect from its members a chairperson and such other officers as it deems necessary and shall establish its own rules of procedure. The Commission shall be an autonomous body within the Department of Transportation for administrative purposes only. The Commission may employ experts and such other assistants as it judges necessary and may accept funds from any source.
      (2)   Notwithstanding any other provision of the state statutes, any fluids appropriated to the Commission, or received by the Commission from any other source, shall be held in custody of the Commission and expended by the Commission for the purposes set forth in this section.
   (C)   The Commissioner of Environmental Protection and the Commissioner of Transportation, not later than 60 days after the effective date of the enabling ordinance adopted by the last of the four towns to adopt such an ordinance, shall call a meeting of such Commission which shall, within 90 days thereafter:
      (1)   Hold public hearings for the purpose of developing standards for:
         (a)   Defining the initial boundaries of the Route 11 Greenway;
         (b)   Planning the design, construction, maintenance and management of the Route 11 Greenway trail system and intermodal transportation access system;
         (c)   Identifying and prioritizing lands that shall be added to the Route 11 Greenway;
         (d)   Recommending land use within the Route 11 Greenway; and
         (e)   Acquiring land and securing conservation easements for the Route 11 Greenway, except that nothing in this act shall be construed to prohibit the acquisition of land within the Route 11 Greenway by a municipality.
      (2)   Establish bylaws by which the Commission shall:
         (a)   Conduct its meetings, including a provision specifying that no action by the Commission shall be effective except by the concurring vote of at least four members;
         (b)   Protect and preserve the lands under its custody;
         (c)   Supervise staff;
         (d)   Maintain its records; and
         (e)   Report to the General Assembly, as required under division (D) below.
   (D)   Notwithstanding any other provision of this section of the state statutes, the Commission may:
      (1)   Acquire or convey by purchase, gift, lease, devise, exchange or otherwise, any land or interest therein including, but not limited to, conservation easements, located wholly or partly in the conservation zone, provided such acquisition does not utilize funds furnished by the state;
      (2)   The state with or without consideration, provided any funds received thereof shall not be deemed funds furnished by the state for purposes of this section; and
      (3)   Contribute or transfer funds to, and enter into, agreements with land trusts or other conservation organizations, to carry out the purposes of this act. The Commission shall report to the General Assembly, on or before February 15, annually, on its activities of the preceding year and on its finances. The existence of the Commission shall terminate at such time as all of its member towns have withdrawn or it is abolished by the General Assembly.
(Ord. passed 9-27-2000)
§ 32.05 CEMETERY ASSOCIATION.
   (A)   The operation of the town cemetery shall be governed by a Town Cemetery Association, which shall be organized as a non-stock corporation in accordance with the provisions of Conn. Gen. Stat. § 19a-296.
   (B)   Incorporation of the Town Cemetery Association shall be accomplished by five electors of the town who shall be appointed within 60 days by the Board of Selectmen, and who shall be known as incorporators of the Town Cemetery Association, and who shall be charged with completing the task of incorporation within one year of the adoption of this section.
   (C)   Incorporators shall manage the affairs of the cemetery before incorporation, shall develop and adopt an initial set of bylaws containing, but not limited to, provisions dealing with fees, maintenance, size and location of access roads, size and location of cemetery plots, restrictions on lot ownership, restrictions on grave marker design, and bylaw amendment, and shall in all respects comply with the requirements of the state statutes regarding the creation of non-stock corporations.
(Ord. passed 3-12-1980)
§ 32.06 BOARD OF FINANCE.
   (A)   The Board of Selectmen shall, pursuant to the authority provided in Public Act 75-440 (January Session, 1975), being Conn. Gen. Stat. § 7-340a, appoint three electors and taxpayers of the town as alternate members of the Town Board of Finance, subject to the provisions of Conn. Gen. Stat. § 9-167a concerning minority representation of political parties.
   (B)   Such alternate members shall, when seated as herein provided, have all the powers and duties set forth in the state statutes for such Board of Finance and its members.
   (C)   (1)   The alternate members so appointed shall serve as follows:
         (a)   One alternate member to serve until the second Tuesday next following the municipal election in November, 1977;
         (b)   One alternate member to serve until the second Tuesday next following the municipal election in November, 1979; and
         (c)   One alternate member to serve until the second Tuesday next following the municipal election in November, 1981.
      (2)   Biennially, upon the expiration of said terms of office, the Board of Selectmen shall appoint an alternate member to serve for a six-year term to begin on the second Tuesday next following the municipal election. Any vacancy arising by death, disqualification or resignation of any alternate member of the Board of Finance shall be filled by appointment by the Board of Selectmen for the unexpired portion of the term of such alternate member. The Board of Selectmen may remove an alternate member for cause.
   (D)   If a regular member of the Board of Finance is absent or is disqualified, such absent or disqualified member shall designate an alternate to so act. In the event that an absent or disqualified regular member shall fail or refuse to designate an alternate to so act, the majority of the regular members of the Board of Finance not absent and not disqualified may designate an alternate to so act for each absent or disqualified regular member.
   (E)   No alternate member of the Board of Finance shall hold any salaried town office. The alternate members of the Board of Finance shall be sworn to the faithful performance of their duties. No alternate member shall receive compensation for his or her services as such, but the necessary expenses of such alternate when seated as a member of the Board of Finance, when approved, shall be paid by the town.
(Ord. passed 1-28-1976)
§ 32.07 CIVIL PREPAREDNESS AGENCY.
   (A)   The town, in accordance with Conn. Gen. Stat. § 28-7, hereby establishes the Town Civil Preparedness Agency, consisting of a four-member Advisory Council and a Director, appointed by the First Selectman, to serve for two-year terms concurrent with the term of office of the First Selectman. With reasonable conformance to applicable federal and state statutes, the Director shall organize the Agency into such divisions as may be necessary for the efficient conduct of the business of the Agency,
   (B)   The Agency shall be responsible for the development and maintenance of plans and programs that may be needed in response to an emergency caused by an enemy attack or any natural or human-made disaster, subject to the approval, direction and control of the State Civil Preparedness Director.
   (C)   The Agency is empowered, subject to any budget appropriated, to obtain equipment and supplies needed to fulfill its responsibilities.
   (D)   In an emergency situation, the First Selectman is in full charge of all town personnel and equipment and the Director of Civil Preparedness shall act as his or her advisor and Chief of Staff in directing the town’s emergency response activities.
   (E)   The First Selectman may declare a State of Emergency for the town if, in his or her opinion, such a declaration is necessary. He or she shall file such declaration with the Town Clerk and it will be effective for up to 30 days unless voided earlier by the First Selectman or action by the Board of Selectmen.
   (F)   In a disaster situation, the First Selectman is empowered to apply to the state, and also through the state, to federal agencies for any appropriate disaster assistance that may be made available.
(Ord. passed 3-12-1980)
§ 32.08 RECREATION COMMISSION.
   (A)   There is hereby established a Recreation Commission for the town, pursuant to the authority contained in Conn. Gen. Stat. § 7-148.
   (B)   The Recreation Commission shall consist of nine members to be appointed by the Board of Selectmen as follows:
      (1)   One to serve until January 1, 1973; one to serve until January 1, 1974; one to serve until January 1, 1976; and one to serve until January 1, 1977; and
      (2)   Annually, upon the expiration of said terms of office, the Board of Selectmen shall appoint members of said Commission for five-year terms. Any vacancy arising in the membership of said Commission shall be filled by appointment by the Board of Selectmen for the unexpired portion of said term. The Board of Selectmen may remove any member for cause.
   (C)   No more than five of the members of said Commission shall be members of the same political party.
   (D)   Annually, at the first meeting of said Commission after September 1, a chairperson and secretary shall be elected by the members from among the membership of the Commission.
   (E)   The Commission shall hold regular meetings. At all meetings of the Commission, three members shall constitute a quorum. Special meetings may be called by the Chairperson or upon written petition of a majority of the members of the Commission.
   (F)   Said Commission shall keep records of its meetings, file copies of minutes of all meetings with the Town Clerk within one week of the date of such meeting, and submit an annual report of its activities to the town.
(Ord. passed 12-12-1990)
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