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.