proposed by-laws BYLAWS OF THE AMSTON LAKE DISTRICT ARTICLE I – AUTHORITY Section 1 –The Amston Lake District was established by the merger of the Amston Lake Hebron Tax District, created as stated in its notices of organization dated August 9, 1984 and the Amston Lake Lebanon Tax District, created as stated in its notices of organization dated June 4, 1987, as authorized by Connecticut Special Act 02-2 adopted by the Connecticut General Assembly on April 30, 2002. The following bylaws are promulgated under authority of Section 6 of Special Act 02- 2. All predecessor bylaws of the Amston Lake Hebron Tax District and Amston Lake Lebanon Tax District are hereby superseded. ARTICLE II – PURPOSES Section 1 –The purposes of the District are:(a)to promote, study, and foster environmental awareness and protection of Amston Lake and its watershed;(b) to construct, repair, manage, and supervise lake facilities and operations such as recreational facilities and erosion/flood control systems;(c) to construct, repair, and maintain roads, accessways, drains, and sewers;(d) to provide information to District residents and liaison with federal, state, and local governments and officials on issues related to its purposes; and (e) such other lawful purposes provided in Connecticut General Statutes Section 7-326, Connecticut Special Act 02-2, and any other applicable general or special act, as amended. Section 2 – The District shall not assume or supersede any powers or responsibilities exclusively reserved by law to other municipal or state authorities, except by inter-local agreement or as otherwise allowed by state law. ARTICLE III – JURISDICTION Section 1 – The territorial limits of the District are: (a) Within the Town of Hebron, Connecticut: beginning at the point where the borders of the Town of Colchester, the Town of Hebron and the Town of Lebanon intersect; thenceNORTHERLY along the Hebron-Lebanon Town Line to a point which is 250’ northerly of the northerly shoreline of Amston Lake; thenceWESTERLY to a 2 point which is the northeasterly corner of property now or formerly of Lawrence E. and Janet M. Hangland and which property is identified on the Hebron Assessors Map #65 as parcel 8A; thenceSOUTHWESTERLY to a point 250’ northerly of the center line of Ames Road; thenceWESTERLY along a line 250’ northerly of the center line of Ames Road and paralleling said road to a point250’ easterly of the center line of North Pond Road; thenceNORTHERLY, NORTHWESTERLY AND WESTERLY along a line 250’ easterly from the center line ofNorth Pond Road and paralleling said road to a point in Route 85; thenceSOUTHERLY along the center line of Connecticut Route 85to the center line of Lake Road; thenceEASTERLY along the center line of Lake Road to a point 280’ westerly of the center line of Hillcrest Road; thenceSOUTHERLY, SOUTHWESTERLY AND SOUTHERLY along a line 280’ westerly of the center line of Hillcrest Road running parallel to said road to a point in the Colchester-Hebron Town Line; thenceNORTHERLY along the town line to the point and place of beginning; and (b) Within the Town of Lebanon, Connecticut: beginning at the point where the borders of the Town of Colchester, the Town of Hebron and Town of Lebanon intersect; thenceNORTHERLY along the Hebron-Lebanon Town Line to a point which is 500’ northerly of the northerly shoreline of the Amston Lake; thenceNORTHERLY, EASTERLY, and SOUTHEASTERLY along a line 500’ from and paralleling the shoreline of Amston Lake to a point at the northeasterly corner of lot #417 and the northwesterly corner of lot #416 both of which lots are part of Section “C”of the Amston Lake Subdivision as is set out on a map entitled “ Subdivision of Property N/F The Amston Lake Company, Lebanon, Conn. Scale: 1=100’ Date, Sept. 1959 by Primus & Welti, Engrs., Glastonbury, Conn.”. filed as Map #284 in the Town of Lebanon and filed on 10/14/59: thenceSOUTHERLY and WESTERLY along the easterly boundary of Section “C” of the Amston Lake Subdivision to a point in the southwest line of lot #135 in section “C” and which point is the easterly corner of lot #94 in subsection “B” of the Amston Lake Subdivision as is set out on a map entitled: “Map of Lake Amston Sections A & B preliminary map. Sept. 1934 H. E. Daggett; Civil Engineer, Meriden, Conn., Scale 1= 100 developed by the Amston Lake Co.” filed in the Town of Lebanon 10/8/34 and indexed as Map #273; thenceSOUTHERLY, SOUTHWESTERLY, and WESTERLY along the easterly and southerly boundary of Section “B” of the Amston Lake Subdivision to a point where the boundary of Section “B” intersects the Lebanon, Colchester Town Line; thenceNORTHERLY along the town line to the point and place of beginning. Section 2 – The District may enlarge or reduce its territorial limits solely in accordance with the procedures set forth under Connecticut General Statutes Section 7-325, as amended. 3 Section 3 – The District may terminate its existence solely in accordance with the procedures set forth under Connecticut General Statutes Section 7-329, as amended. ARTICLE IV – GOVERNING BODY Section 1 – The District’s Board of Directors shall be its governing body, manage the District and conduct its affairs, appoint its committees and officials, hire and terminatecontractors, execute and perform its contracts, and exercise all other powers provided by its Bylaws, Ordinances, Special Act, and all applicable general or special acts, as amended, not otherwise specifically reserved to the voters. Section 2 – The Board shall consist of nine Directors, three of whom shall be elected by the voters at the annual meeting to serve staggered three-year terms from July 1 to June 30. Any voter of the District is eligible to serve as an Officer or Director other thana person who resides in the same household as, is married to, or is the parent or child of another Officer or Director. Any Officer or Director of the District may resign by notifying the Board in a writing which states the effective date of resignation. Any vacancy on the Board occurring between annual meetings may be filled until the next annual meeting by a voter appointed by a majority of the remaining Directors at a regular or special meeting of the Board, even in the absence of a quorum. Section 3 – A Director can be removed from the Board at any time, with or without cause, by a majority of the voters at a duly-called general or special meeting. A Director may also be removed by a majority of the other Directors if they determine that the Director either has become ineligible to be a voter or has been absent from three consecutive meetings of the Board without acceptable excuse. A removed Director shall immediately return all property and papers of the Districtto the President of the Board. Section 4 –Except as otherwise provided by law, the District’s ordinances shall be deemed enacted upon the approval of a majority of the Directors at any duly-called annual or special meeting of the Board. An ordinance shall become effective 30 days after publication of its full text in a local newspaperif enacted at a Board meeting, or 15 days after such publication if enacted at a meeting of the voters. A summary of the ordinance may be published in lieu of its full text so long as (a) the 4 ordinance does not make or require an appropriation, (b) the summary adds, “This document is prepared for the benefit of the public, solely for purposes of information, summarization, and explanation. This document does not represent the intent of the legislative body of the District for any purpose,” and (c) the District’s Clerk will provide for inspection or mailing at no charge a copy of the full text to any authorized voter so requesting. Section 5 – The Directors shall hold regular meetings on such dates and at such times and locations as they determine. At these meetings, the Directors shall conduct such business as is either stated in the meeting’s agenda or, if not stated in the meeting’s agenda, approved for consideration by two-thirds of the Directors present. Section 6 – The Directors shall hold a special meeting at the request of the President or any three members of the Board. At such a meeting, the Directors shall act only upon the business stated in the request. Section 7 – By January 31 of each year, a schedule shall be filed with the District’s Clerk stating the dates of all regular meetings of the Board anticipated for that calendar year and of the District’s annual meeting. Absent an emergency, the District’s Clerk shall prepare and file an agenda for each meeting of the Board with the Town of Hebron at least 24 hours in advance. Section 8 – The presence of five Directors shall constitute the quorum necessary to conduct business at any Board meeting. Meetings may be adjourned for lack of a quorum until such time as a quorum is present. When a quorum is present, the affirmative vote of a simple majority (or such higher proportion required by law or these Bylaws) of the Directors present and voting shall be deemed the approval of the Board for all questions arising. The President shall conduct all meetings, and may impose and enforce such rules, procedures, and directives as are reasonably necessary for the orderly transaction of business. Section 9 – Board meetings shall be open to the public, unless two-thirds of the Directors vote to hold a closed executive session for the stated purpose of discussing: (a) appointment, contractor performance, evaluation, health or dismissal of a public officer or contractor unless that individual requests an open meeting; (b) strategy and negotiations with respect to pending claims or pending litigation to which the District or any voter thereof, because of the voter’s conduct as a voter, contractor, appointee, or Director of the District, is a party until such litigation or claim has been finally adjudicated or otherwise settled; (c) matters 5 concerning security strategy or the deployment of security personnel, or devices affecting public security; (d) discussion of the selection of a site or the lease, sale, construction, or purchase of real estate by the District when publicity would cause a likelihood of increased price until such time as all of the property has been acquired or all proceedings or transactions concerning it have been terminated or abandoned; (e) any matter which would result in the disclosure of records exempt from public disclosure under state or federal law; and (f) any other matter for which executive session is permitted under applicable law. Section 10 – All records relating to the conduct of the voters’ business which are maintained or kept on file by the District, and not exempt from disclosure by state or federal law, shall be available to the general public for inspection during regular office or business hours. Within four business days after receiving both a written request for specified non-exempt records and prepayment of the actual reproduction costs up to fifty cents per page, the District shall provide either (a) copies of the records requested; (b) the date by which the records can be promptly compiled and copied; or (c) the reasons why the records are exempt from disclosure along with a refund of the prepayment. Section 11 – Other than executive sessions, minutes of all Board meetings shall be taken which reflect the votes of each Director and which are made available for public inspection within 48 hours. Section 12 – The Board may create such committees and subcommittees as it deems appropriate and appoint any number of voters to serve on them for designated or indefinite terms. All committee and subcommittee meetings shall be noticed and conducted in accordance with Sections 4 through 10 of this Article insofar as they are applicable. Section 13 – The Board may purchase and maintain such liability, property, and/or other insurance on the District’s behalf as it deems appropriate. Section 14 – The Board shall have all powers, and may employ all remedies and mechanisms, which are available by law for enforcing the District’s Special Act, Bylaws, ordinances, and lawful rights and interests in the District’s name and for collecting its taxesand other debts owed along with its attorney’s fees and expenses incurred except as prohibited by law. 6 ARTICLE V – OFFICERS Section 1 – Four Directors shall be elected by the voters at the annual meeting to serve as the District’s President, Vice President, Clerk, and Treasurer. A person may only serve as an Officer of the District if, and for so long as, the person is a member of the Board of Directors. The Board may, in its discretion, appoint aTax Collector. Section 2 – The President shall be the District’s chief executive officer; preside at all meetings of the voters and of the Directors; vote at meetings only when necessary to dissolve a tie; serve as or appoint a parliamentarian at meetings; approve all bills for payment by the Treasurer, serve as an ex officio member of all committees and boards of the District; and designate the duties of each Director consistent with those provided in these Bylaws. Section 3 – The Vice President shall have all the authority, power, and duties of the President whenever the President vacates office, is absent, or is otherwise unable to perform the duties of the President for any reason, and perform such other duties as are assigned by the President. Section 4 – The Clerk shall keep a record of the minutes of all meetings of the voters and of the Directors; request and keep a list of the voters of the District from the registrars of voters and the assessors of the Town of Hebron and the Town of Lebanon;serve as or supervise the District’s Recording Secretary;maintain, file, and disclose all of the District’s public records as required by law; receive and catalogue correspondence to the District and transmit it to the Board; and annually receive from the assessors of each Town and provide to the District’s Treasurer a copy of the grand list of all property in the District after it has been completed by each Town’s board of assessment appeals.The Clerk shall transmit copies of the minutes to each Director at least one week before the next meeting of the Board. Section 5 – The Treasurer shall be in charge of the collection and payment of all moneys of the District under the Board’s direction;maintain a ledger of the District’s liabilities and assets and provide the Board with a monthly written report of the same; and serve as or supervise the District’s Tax Collector. By September 28 of each year, the Treasurer shall file with the clerk of the Town of Hebron and the Town of Lebanon a statement of the District’s accounts and finances for the prior fiscal year, including major disbursements, sources of receipts, and such other information as may be required by law or deemed relevant by the Treasurer. The Treasurer will also timely send, by certified return-receipt mail, all 1099 forms 7 and summary 1096 form to the United States Internal Revenue Service, and maintain proof of mailing. Section 6 – The Tax Collectorshall collect all tax revenues due to the District in accordance with state law under the supervision of the Treasurer. Section 7 – The Recording Secretary, if one is appointed or employed by the District, shall perform such duties related to the taking, keeping, and distributing of the minutes of meetings of the voters and of the Directors as assigned under the supervision of the Clerk. Section 8 – Directors shall serve without compensation unless, at a duly-called annual or special meeting, the voters authorize the Board to establish such compensation by ordinance. Contractorsshall receive such compensation as provided by written contract with the Board. Directors, contractorsand appointees shall be reimbursed for their reasonable expenses incurred in connection with their duties with Board approval. The Treasurer shall prepare and send an IRS form 1099 Misc. to any person receiving more than $600.00 in remuneration from the District duringany calendar year. Section 9 – The District shall protect and save harmless its Directors,and appointees from financial loss and expense, including legal fees and costs, arising out of any claim, demand, suit, or judgment for acts or omissions in the discharge of their duties in accordance with Section 7-101(a) of the Connecticut General Statutes. ARTICLE VI – VOTERS AND DISTRICT MEETINGS Section 1 – Except as otherwise provided by law, the voters of the District shall be all persons who are at least 18 years old, citizens of the United States, and either (a) bona fide residents of the District lawfully registered to vote in the Town of Hebron or Town of Lebanon, or (b) individually or jointly liable to or statutorily exempted from taxes upon property located within the District on an assessment of at least $1,000 on the last grand list. Each voter shall be entitled to a single vote regardless of the amount or number of properties the voter owns or occupies within the District. 8 Section 2 – The voters shall hold an annual general meeting each May on a date provided by ordinance. At this meeting, the voters shall elect the District’s Directors, adopt the budget for the following fiscal year, and conduct such other business as is either stated in the meeting’s agenda or, if not stated in the meeting’s agenda, approved for consideration by two-thirds of the voters. Section 3 – The voters shall hold a special meeting within 21 days after receiving an application to do so from either (a) ten percent of the District’s voters, (b) twenty of the District’s voters, (c) the District’s President, or (d) any three members of the Board. At such a meeting, the voters shall act only upon the business stated in the application. Section 4 – All meetings shall be held at a time and location selected by the Board and published, along with the purposes of the meeting, in a local newspaper at least 10 days in advance and signed by the Clerk or any three Directors. The District’s Clerk shall prepare and file an agenda for each meeting of the Board with the Town of Hebron at least 24 hours in advance. Section 5 – The presence of fifteen voters shall constitute the quorum necessary to conduct business at any District meeting. When a quorum is present, the affirmative vote of a simple majority (or such higher proportion required by law or these Bylaws) of the voters present and voting shall be deemed the approval of the voters for all questions arising. Meetings may be adjourned for lack of a quorum until such time as a quorum is present. Section 6 – District meetings shall be open to the public. The President may impose and enforce such procedures and directives as are reasonably necessary for the orderly transaction of business at all meetings. ARTICLE VII – BUDGET AND TAXATION Section 1 – The fiscal year of the District shall be from July 1 to June 30. Section 2 – In accordance with Chapters 204 and 205 of the Connecticut General Statutes and all other applicable laws, the District shall annually levy and collect taxes, along with delinquency interest and fees, upon all non-exempt real property within the District, and also such other taxes as the Board may by ordinance 9 lawfully impose, to raise revenue for the District’s governmental purposes and general public welfare. Section 3 – By the first day of each May, the Treasurer in conjunction with the President shall prepare and present an annual budget for the following fiscal year to the Board of Directors for review. The budget shall: (a) be prepared in accordance with Section 3 of Special Act 02-2; (b) contain itemized estimates of anticipated receipts and expenditures for the following fiscal year, and of anticipated surpluses or deficits after the prior fiscal year, and such other information as may be required by law or deemed relevant by the Treasurer; and (c) be presented, along with any comments and recommendations of the Board, at the District’s annual meeting. Section 4 – A majority of the voters at the annual meeting may approve the budget for the following fiscal year in full or with any lawful changes. If two consecutive meetings of the voters called for this purpose fail to attract a quorum, the budget may be approved by a majority of the Directors at a duly-called regular or special meeting of the Board. The annual budget last ratified by the voters shall be continued until a new budget is approved. Section 5 – After the District’s tax rate is fixed, the Tax Collector shall prepare a rate bill apportioning to each property owner his or her proportionate share of taxes in the form required by law andtransmit a copy to the Treasurer. The Tax Collectorshall also prepare a notice of the tax, its due date, and payment instructions on at least one bulletin board within the District, and in a local newspaper at least five days before and seven days after its due date as well as at least five days before it would become delinquent. Section 6 –Annual taxes shall be payable in an initial installment on July 1 or, if the District’s tax bills have not yet been issued by that date for any reason, 30 days after they are mailed or otherwise distributed. Special taxes may be levied according to law and shall be payable on a date and in such installments as determined by the Board. Section 7 –As it deems appropriate and as allowed or required by law, the Board may establish and maintain funds and accounts, and transfer surplus funds from one budget item, fund, or account to another. Section 8 – Except in the event of an emergency, no unbudgeted expenditure which exceeds $2,500 and no budgeted expenditure which exceeds its line item by 10 $2,500 may be made without approval at a special meeting of the voters. Any resulting deficit will be a mandatory item in the following year’s budget. Section 9 – No contract or obligation which involves an expenditure by or loan to the District of $10,000 or more in any year in which the District’s grand list is less than or equal to twenty million dollars, or $20,000 or more in any year in which the District’s grand list is greater than twenty million dollars, shall be made by the Board unless specifically authorized by the voters in the budget or any other duly- called annual or special meeting. The District’s Clerk shall give written notice to thetreasurers of the Town of Hebron and the Town of Lebanon within 30 days after any final decision of the Board to borrow money. Section 10 –The Treasurer shall cause all of the District’s accounts to be audited at least once annually by an independent auditor in accordance with Chapter 111 of the Connecticut General Statutes. By May 31 of each year, the District’s Treasurer shall file the name of the independent auditor with the Secretary of the Office of Policy and Management for the State of Connecticut. The Treasurer shall present the result of the audit to the Board and voters, respectively, at their following regularly-scheduled meetings. Section 11 - Contracts shall not be binding on the District unless they are both approved by a majority vote of the Board of Directors at a duly-noticed meeting and also signed by: (a) the President, the Treasurer, or another Officer designated by the Board for contracts up to $1,000; (b) the President and the Treasurer, or any two Officers designated by the Board for contracts over $1,000 up to $5,000; or (c) the President, the Vice President, and the Treasurer, or any three Officers designated by the Board for contracts over $5,000. ARTICLE VIII – AMENDMENTS Section 1 – Article 1, Section 1 of these Bylaws may be amended in whole or part pursuant to the procedures set forth in Section 7-325(b) of the Connecticut General Statutes. Section 2 –Any other section of these Bylaws may be amended in whole or part upon the approval of a simple majority of the voters at any duly-called annual or special meeting. 11 Section 3 – Within 30 days after any vote to amend these Bylaws, the District’s Clerk shall file copies of the amendments with the clerks of the Town of Hebron and Town ofLebanon. 12
Posted on: Thu, 24 Jul 2014 17:40:50 +0000
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