As revised and
approved at the
May 22, 2004
Annual District Meeting
Article I
Authority - The Amston
Lake District was established by the
merger of the Amston Lake Hebron Tax District and the Amston Lake Lebanon Tax
District as authorized by Special Act 02-2, adopted by the Connecticut General
Assembly on April 30, 2002.
Article II
Responsibilities - The
District shall assume the following duties and responsibilities:
1. The District shall promote and foster environmental awareness and
protection of Amston Lake and its watershed. It may conduct, as needed, special
studies or projects as approved by the Board of Directors and funded by annual
or special meetings.
2. The District shall provide communication and liaison between the Amston
Lake District and appropriate Town officials or committees regarding the
provision of Town services to residents within the Tax District.
3. The District shall provide information to residents of the Amston Lake
District via written or other communication media regarding new developments,
issues or changes affecting the Lake.
4. The District shall construct, repair, manage, and supervise Lake
facilities and operations including recreational facilities and erosion/flood
control systems.
5. The District will not
absorb or supercede duties or responsibilities of the Town authorities or
agencies.
6. Roads within the Town of Lebanon that are not under the control of the
Town of Lebanon shall be maintained by the District with funds from the Lebanon
Road Fund.
7. The District shall be authorized to undertake such other duties as may be
set forth in Special Act 02-2 and Chapter 105 of the General Statutes.
Article III
Jurisdiction
1. Territorial Limits - The territorial limits of the Amston Lake
District are:
1a) Territorial Limits Within the Town of Hebron
- The territorial
limits within the Town of Hebron were established on August 9, 1984, by a
motion, as amended, to form the District within the following territorial
limits.
“Bounded
and described as follows:
Beginning
at the point where the borders of the Town of Colchester, the Town of Hebron and
the Town of Lebanon intersect; thence
NORTHERLY
along the Hebron-Lebanon Town Line to a point which is 250’ northerly of the
northerly shoreline of Amston Lake; thence
WESTERLY
to a 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; thence
SOUTHWESTERLY to a point 250’ northerly of the center line of Ames Road; thence
WESTERLY
along a line 250’ northerly of the center line of Ames Road and paralleling said
road to a point
250’
easterly of the center line of North Pond Road; thence
NORTHERLY,
NORTHWESTERLY AND WESTERLY along a line 250’ easterly from the center line of
North Pond
Road and paralleling said road to a point in Route 85; thence
SOUTHERLY
along the center line of Connecticut Route 85
to the center line of Lake Road; thence
EASTERLY along the center line of Lake Road to a point 280’ westerly of the
center line of Hillcrest Road; thence
SOUTHERLY, 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; thence
NORTHERLY along the town line to the point and
place of beginning”
1b) Territorial Limits Within the Town of Lebanon
— The territorial
limits within the Town of Lebanon were established on May 7. 1984, in a petition
to the Selectmen of the Town of Lebanon to form the district within the
following territorial limits.
Bounded and described as follows:
“Beginning at the point where the borders of the Town of Colchester, the Town of
Hebron and Town of Lebanon intersect; thence
NORTHERLY along the Hebron-Lebanon Town Line to a point which is 500’ northerly
of the northerly shoreline of the Amston Lake; thence
NORTHERLY, 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: thence
Southerly 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; thence
Southerly, 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; thence
Northerly along the town line to
the point and place of beginning.”
2. Changes to Territorial Limits - The District may enlarge or reduce
its territorial limits in accordance with the procedures set forth under Chapter
105 of the Connecticut General Statutes.
3. Termination of District - The qualified voters of the district may
vote to abolish the District in accordance with the procedures set forth in
Chapter 105 of the Connecticut General Statutes.
Article
IV
Meetings
1. Annual District Meetings – The Annual Meeting of the District will
be held during the month of May on a date determined at the previous Annual
Meeting. The business conducted at the Annual Meeting shall include adopting a
budget, laying the tax, fixing the tax (mill) rate and electing directors and
officers of the board.
2. Special District Meetings – Special District Meetings shall be
called on the petition of ten percent of the total number of persons qualified
to vote in the meeting of the District or twenty (20) persons qualified to vote
in the District, whichever is less, or by the President of the Board, or any
three (3) Officers and/or Directors, upon giving proper notice, as defined in
Conn. Gen. Stat. Sec. 7-327(a), as the same may be amended from time to time.
3. Voter Eligibility – The following persons shall be eligible to
vote at annual or special district meetings:
a) Registered Hebron or Lebanon voters whose official place of residence is
in the Amston Lake District.
b) Any person who is a citizen of the United States of the age of 18 years or
more, who jointly or severally, is liable to the Amston Lake District for
property taxes for property within the district that has an assessment of not
less than $1,000 on the last completed grand list with either Hebron or Lebanon
(Conn. Gen. Stat. Sec. 7-6).
4. Board of Directors Meetings – The Board of Directors shall meet on
a monthly basis, on dates selected by the Board. The meeting dates shall be
posted on the lake bulletin boards and filed with the District clerk and with
the Hebron and Lebanon town clerks.
5. Special Board Meetings - These meetings may be called provided
that there is a minimum of a 24 hour notice. This notice, which will include the
time, place and agenda, will be posted at the Wood Acres, Main Beach and
Lollipop bulletin boards and filed with the Hebron town clerk and the Lebanon
town clerk. No business may be conducted which is not on the agenda.
6. Quorum - A quorum for Annual and Special District meetings is
fifteen (15) eligible voters, as per Conn. Gen. Stat. Sec. 7-327(a). A quorum
for the Board of Directors meetings is five (5)
directors.
7. Executive Sessions -
When necessary, reasons for such sessions and all persons who will be in
attendance shall be publicly stated. A two-thirds vote of the Board shall be
necessary to go into executive session. The Board will only go into the
Executive Session when the topic of discussion is authorized under the Freedom
of Information Act, Conn. Gen. Stat. Sec. 1-200 through 1-231, as the same may
be amended from time to time.
Article V
Rules of Procedure and Order
of Business
1. Conducting Meetings
- Conduct at all
meetings of the Tax District and Board of Directors will be governed by the
current edition of Roberts Rules of Order, unless such rules are inconsistent
with these bylaws and any special rules that the Tax District may adopt.
2. Parliamentarian - The President may appoint a parliamentarian at
the beginning or during a District meeting. A parliamentarian’s role is purely
advisory and consultative since parliamentary law gives the chair alone the
power to rule on questions of order or to answer parliamentary inquiries.
3. Agendas - District
Meeting Agendas will be established by the Board of Directors prior to the
District Meeting. Notice of the meeting including its agenda shall be filed with
the Hebron and Lebanon Town Clerks, and on Lake bulletin boards. Notice of the
Annual and Special District meetings shall also be announced by a legal notice
in the River East News Bulletin and the Norwich Bulletin no later than 10 days
prior to the District Meeting.
4. Order of Business
- Board of Directors
meeting agendas will be conducted according to the following order of business:
a. Roll call of Officers and Directors by the presiding officer to determine
quorum.
b. Call to order by presiding officer, provided that quorum exists (five
(5) Board members).
c. Recognition of guests and Residents and property owners' petitions
d. Approval of minutes of previous meeting.
e. Receive and act upon the Clerk's report.
f. Presentation of correspondence and communications.
g. Receive President’s report.
h. Receive and act on the Treasurer’s report.
i. Receive Tax Collector’s report.
j
Receive and act on reports of standing and special committees.
k. Receive Lake Manager’s report.
l. Act on remaining items of the agenda.
1) Old business
2) Fill the un-expired terms of Board Members.
m. New business.
n. Prepare agenda for the next meeting.
o. Adjournment.
5. Resignation from Office - Any elected official may resign
from elected office by notifying the Board of Directors in writing of the wish
to resign. The letter of resignation will contain the effective date of
resignation.
6. Filling Elected Office Vacancies - Vacancies on the Board of
Directors caused by resignation or death of a Board member shall be filled, by a
vote of the entire Board of Directors until the next Annual district meeting,
when a successor shall be elected for the unexpired portion of the term.
7. Expenditure of monies
— All expenditures
that exceed $2,500 and are unbudgeted, or that exceed a budgeted line item by
$2,500 must be voted on at a Special District Meeting called by the President of
the Board. No Board member shall purchase a fixed asset of $250 or more without
pre-approval of the Board of Directors. Exceptions are the expenditures of funds
from the dam fund for its maintenance and expenditures needed to respond in the
event of a dam emergency.
8. Conflict of Interest
— Members of the Board
shall not participate in any matter before the Board in which he or she is
directly or indirectly interested in a personal or financial sense.
a. Whenever any member of the Board has a conflict of interest with a
subject before the board that member shall declare he/she has a conflict of
interest and shall not take part in any discussion or vote on that subject
matter. Any tie vote resulting from a member or members having declared a
conflict of interest will be considered a defeat of the motion being voted on.
b. Whenever a question of conflict of interest is raised for a decision by
the Board, the decision will be by a vote of the Board.
c. No Board member shall profit by an expenditure of District funds, unless
a contract is awarded by a sealed bid process. This excludes Board Officers and
the Tax Collector who may be given a fee for their services.
d. No two officers on the Board may reside in the same household, be married
to each other or be parent/child.
e. The Lake Manager may not serve on the Board of Directors
9. Remuneration - A fee for service may be provided for the Clerk,
Treasurer, Tax Collector, and Recording Secretary if approved by the general
membership at the Annual Meeting. The treasurer shall prepare and mail an IRS
form 1099 Misc. to any individual receiving an amount in excess of $600.00 in
any calendar year.
10. Committees -
The Board of Directors may appoint any resident of the Tax District to
serve on any committee. There is no limit to the number of members on a
committee. All committees of the Board shall post agendas and file minutes of
their meetings in the manner prescribed by the Freedom of Information Act.
Article VI
Organizational Structure
1. Board of Directors
shall consist of
a. President
b. Vice President
c. Clerk
d. Treasurer
e. Five (5) Directors
The directors must he
eligible voters of the district.
2. Terms of Office:
a. Three (3) Directors shall be elected annually to serve three (3) year
terms.
b. Officers (President, Vice President, Clerk, and Treasurer) shall be
elected each year at the Annual District Meeting.
c. The term of office shall run from July 1 to June 30.
3. Duties of the President of the District:
a. Preside at all meetings of the District & the Board of Directors
meetings.
b. Call Special Meetings of the Board and the District.
c.
Designate duties to be performed by the five
(5) Directors
d.
May pass the gavel to the Vice-President or other Board Members in the absence
of the Vice-President for the purpose of making a motion on the floor.
e. Act as parliamentarian at all Board of Directors & District meetings.
f. Vote only to break a tie when necessary.
g. May take part in any discussion before the board.
h. Is an ex-officio member of all committees of the Board
i. Shall approve all bills for payment by the Treasurer
4.
Duties of the Vice-President
a. Act with all authority, power and duties of
the President whenever the President vacates his office, is absent or unable to
perform his duties.
b. Take over the duties of the Clerk and Treasurer in their absence or
inability to act until such time as the positions are filled.
5.
Duties of the Clerk
a. Take the minutes at all Board of Directors and District meetings. (Conn.
Gen. Stat. § 7-327(b).) Keep a record of these minutes and transmit them to the
members of the Board, (along with attachments to the minutes if requested) at
least one (1) week prior to the next meeting along with the agenda for the next
meeting.
b. Keep at all times a list of voters and taxpayers of the District.
c. Prepare a rate bill, when the District meeting has fixed the tax rate,
apportioning to each owner of property his proportionate share of taxes in a
form authorized by the Secretary of the Office of Policy and Management. (Conn.
Gen. Stat. § 12-131.) The rate bill, when prepared, shall be filed with the
Town Clerks of Hebron and Lebanon and shall be delivered to the Treasurer/Tax
Collector for collection purposes.
d. Prepare a Tax warrant as per Conn. Gen. Stat. § 12-132, have it notarized
by a Justice of the Peace, file it with the Town Clerks of Hebron and Lebanon,
and deliver it to the Treasurer and Tax Collector.
e. Prepare a legal notice before each tax collection period and make it
available for publication in a local newspaper three times during the time
period required by statute. (Conn. Gen. Stat. § 12-145)
f. Receive correspondence of the District, pass it to the Board of Directors
for information or action as required and catalog and maintain files.
g. Assure compliance with all Freedom of Information laws, rules and
regulations.
h. File, in accordance with the Freedom of Information Act, copies of all
notices, agendas and minutes and their attachments with the Town Clerk of the
Town of Hebron and the Town Clerk of Lebanon.
6.
Duties of the Treasurer
a. Have charge of the collection and payment of all moneys of the District.
b. Have charge of all moneys of the District, under such rules and
regulations of the District as shall be prescribed by the Board and in
accordance with the Connecticut State Statutes.
c. Prepare the annual budget, which shall be reviewed by the Board and
transmitted with the Board’s comments and recommendations to the Annual meeting
of the District for adoption.
d. Collect and enforce payment of the District property taxes. Such taxes
when laid shall be a lien upon the property in the same manner as town taxes,
and such liens may be continued by certificates recorded in the land records
office of the Town and foreclosed in the same manner as liens for Town taxes.
These duties will be deferred to the Tax Collector if one exists.
e. Maintain a ledger of liabilities and assets.
f. Provide to the full Board a written monthly report of the District’s
liabilities and assets.
g. Cause a review or audit of the District’s liabilities and assets to be
performed at the close of each fiscal year. The result of the review to
be presented to the Board Of Directors at the December Meeting, and to the
District voters at the next Annual meeting of the District.
h. The Treasurer will send a certified letter
containing all 1099 forms and the summary 1096 form to the IRS by the due date.
This certification will allow the district to verify receipt by the IRS. The
Treasurer will retain the receipt and article number, and will print an on-line
receipt verification.
7. Duties of the Clerk/Treasurer
- Should the board
elect to combine Clerk/Treasurer positions, duties of each office (Clerk and
Treasurer) shall be borne by that individual.
8.
Duties of the Tax Collector
a. The Tax Collector should become familiar with and conform to the
Connecticut General Statutes for tax collecting.
b. The Tax Collector shall maintain a list of all the taxpayers in the
District.
c. If prescribed by the Board of Directors, the Tax Collector shall assume
the duties as outlined in 6d. Any person so appointed shall be under the
supervision of the Treasurer.
9. Duties of the Treasurer/Tax Collector - Should the board elect to
combine Treasurer/Tax Collector positions, duties of each office (Treasurer and
Tax Collector) shall be borne by that individual.
10.
Duties of the Recording Secretary
In the
absence of the Clerk who will normally take the Board meeting minutes, the
Recording Secretary shall take the minutes and present them to the Clerk for
official recording and distribution to the Board.
Article VII
Severability
If these
by-laws contain any unlawful provisions not an essential part of the by-laws,
such unlawful provisions shall be stricken from these bylaws without affecting
the force or effect of the by-laws, as they shall remain after omitting such
provisions.