CITD By-Laws

CANDLEWOOD ISLE TAX DISTRICT

BY-LAWS

ADOPTED MAY 12, 1992

AS AMENDED AND RESTATED

ARTICLE I

Name and Purpose

Sec. 1. Name: The name of the Tax District shall be “TAX DISTRICT OF CANDLEWOOD ISLE,” hereinafter referred to as the District.

Sec. 2. Purpose: The purpose of the District shall be to maintain roads, appoint and employ watchmen or police officers, and do any and all things for the purposes set forth in Section 7-326 of the Connecticut General Statutes (Rev. 1969), as the same may be amended from time to time, without limiting the generality of the foregoing, in that area commonly known as “Candlewood Isle” as shown on three maps, in use by the Assessor of the Town of New Fairfield, Connecticut, on August 17, 1970, bearing designations, “Sheet No. 15,” “Sheet No. 20” and “Sheet No. 25” respectively, and all of which bear the legend “Town of New Fairfield, County of Fairfield, State of Connecticut,” by American Air Surveys, Inc., Pittsburgh, Pennsylvania, date November 28, 1962, and Graphic Map Company, New York, date September 1, 1963, and which maps are recorded in the Office of the Town Clerk of New Fairfield.

Sec. 3. Location and Office: The principal place of business, location and address of the District shall be P.O. Box 380 CI, Lake Drive North, New Fairfield, Connecticut, 06812.

ARTICLE II

Voters and Meetings

Sec. 1. Voters: Any person who lives, resides or is domiciled within the limits of said District and who is an elector of the Town of New Fairfield, Connecticut or any citizen of the United States of the age of eighteen (18) years or more who, jointly or severally, is liable to the District for taxes assessed against him on an assessment of not less than One Thousand Dollars ($1,000.00) on the last completed Grand List of such District, or who would be so liable if not entitled to an exemption as set forth or referred to in Section 7-6 of the Connecticut General Statutes (Rev. 1969), or any other person who otherwise is eligible to vote in the tax district pursuant to said Section 7-6, may vote. In case of conflict, those persons entitled to vote within the District shall be governed by the General Statutes of the State of Connecticut pertaining to voting rights as may apply to this District only.

Sec. 2. Annual Meeting: The annual meeting shall be held on a Saturday during the month of May in each year at Candlewood Isle, New Fairfield, Connecticut, or at any other such place in the Town of New Fairfield, Connecticut as may be designated by the

Directors. At said annual meeting, the Officers and Directors of the District shall be elected, the annual budget shall be adopted,. the tax laid, the tax rate fixed, and the voters shall do any and all things permissible or necessary within the limits of Section 7-327 of the Connecticut General Statutes (Rev. 1969), in particular, but without limiting the generality of the foregoing and the relevant sections of the Connecticut General Statutes pertaining to the District and the purposes established hereunder.

Sec. 3. Special Meetings: Special meetings of the district may be called on the application of ten (10%) percent of the total number of persons qualified to vote in the meeting of a district or twenty of the voters of such district, whichever is less, or by the president or any three directors upon giving notice as hereinafter provided.

Sec. 4. Written Petitions: Two hundred (200) or more persons or ten (10%) percent of the total number of persons qualified to vote in the meeting of a district, whichever is less, may petition the clerk, with a clerk approved petition in accordance with the Connecticut General Statutes in writing, at least twenty-four (24) hours prior to any such meeting, requesting that any item or items on the call of such meeting be submitted to the persons qualified to vote in such meeting not less than seven (7) nor more than fourteen (14) days thereafter, on a day to be set by the district meeting or, if the district meeting does not set a date, by the board of directors.

Sec. 5. Quorum: Not fewer than fifteen (15) voters of the District shall constitute a quorum for the transaction of business at any meeting of the District.

Sec. 6. Adjournment: At all meetings of the District where a quorum is present, the meeting may be adjourned from time to time by a majority of the voters voting on the question.

If fifteen (15) voters are not present at any meeting, the President of the District or, in his absence, the Vice- President may adjourn such meeting from time to time, until at least fifteen (15) voters are present.

No meeting shall be adjourned for a period of more than fourteen (14) days or less than seven (7) days.

Sec. 7. Notice of Meetings: Notice of all annual meetings and all special meetings, and any adjournments thereof, shall be given by publication of a notice of such meetings in a newspaper having a general circulation in the District at least ten (10) days before the day of such meeting, signed by the President or any three (3) Directors, which notice shall designate the time and place of such meetings and the business to be transacted thereat.

The President of the Tax District shall file not later than August first of each year, with the clerk of the District, a. schedule of regular meetings of the Tax District for the ensuing year, and no such meeting except special meetings shall be held sooner than thirty (30) days after the schedule has been filed.

The agenda of the regular meetings of the District shall be filed not less than twenty-four (24) hours before meetings to which they refer in the Tax District office A copy of the slate of Tax District’ officers and directors and annual budget proposed by the Tax District Board of Directors for the annual meeting shall be posted, and copies available for distribution, in the Tax District office at least ten (10) days before the day of such meeting. . Voters who desire to be candidates and be included in the notice of the annual meeting for consideration of nomination, shall contact the nominating committee at least thirty (30) days prior to the annual meeting. Notwithstanding, a voter may be nominated from the floor during said annual meeting.

Sec. 7A. Nominating Committee: A Nominating Committee shall be chosen by the President at the annual meeting. The Nominating Committee shall consist of three (3) individuals to serve a one (1) year term. Members of the Nominating Committee may serve consecutive terms.

Sec. 8. Voting: All questions arising in such meetings shall be decided by a majority vote of the qualified voters present and voting. The President shall vote only when there is a tie vote. Voting at all meetings shall be viva voce or such other method as a majority vote of the qualified voters present and voting shall determine; Excepting, however, the Board of Directors upon their majority election only, may have matters voted on at annual meetings or special meetings by referendum pursuant to Connecticut General Statutes Section 9-369 et. seq. Voting at meetings and referenda can be by paper ballots pursuant to Connecticut General Statutes Section 9-270 et. seq. or by voting machine pursuant to Connecticut General Statutes Section 9-369 et. seq.. Absentee ballots may be used only in referendum voting in accordance with Connecticut General Statutes Section 9-369c. The within and foregoing shall not limit the rights of any voter pursuant to the Connecticut General Statutes pertaining to voting in a tax district or the requirements of any vote pursuant thereto. Each voter shall have one (1) vote.

ARTICLE III

Board of Directors

Sec. 1. Qualifications and Number: There shall be nine (9) members of the Board of Directors consisting of the following: the President of the District, the Vice-President of the District, the Clerk of the District and six (6) other Directors, all of which shall be qualified voters of the District pursuant hereto and to the Connecticut General Statutes. The Board may add nonvoting directors in addition to the voting directors required and set forth herein.

Sec. 2. Election and Term of Office: The Board of Directors shall be elected at the annual meeting of the voters of the District, shall take office on the day following the annual meeting and serve until each successor has been duly elected and qualified.

Sec. 3. Duties of Directors: The Board of Directors shall have control and general management of the District. The Directors shall in all cases act as a Board and individual directors shall have no power as such unless otherwise provided herein or by the Connecticut General Statutes. They may adopt such rules and regulations for the conduct and management of the District, as they may deem proper, not inconsistent with these By-Laws and the laws of the State of Connecticut.

The President shall designate the duties upon each of the Directors and appoint all Committees and Boards of the District

They shall prepare and present to the annual meeting of the voters a proposed slate of officers and directors for the ensuing year.

They shall review the annual budget and prepare comments and recommendations to be transmitted to the annual budget meeting of the District, The officers and directors of the Tax District shall serve without compensation.

Sec. 4. Annual Meeting: The initial Meeting of the New Board of Directors shall be held during the month of May in each year at Candlewood Isle, New. Fairfield, Connecticut, or at such other place in the Town of New Fairfield, Connecticut, as may be designated by the Board of Directors, following the Annual Meeting of the voters.

Sec. 5. Special Meetings: Special Meetings of the Board of Directors may be called by the President or any three (3) Directors upon giving notice as hereinafter provided.

Sec. 6. Quorum: Not fewer than four (4) members of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board.

Sec. 7. Adjournment: At all meetings of the Board of Directors where a quorum is present, the meeting may be adjourned. from time to time by a majority of members present voting on the question.

If four (4) members of the Board of Directors are not present at any meeting, the majority of the Directors present may adjourn the meeting from time to time until four (4) members are present.

No meeting shall be adjourned for a period of more than fourteen (14) days or less than seven (7) days.

Sec. 8. Notice of Meetings: Notice of the Annual Meeting shall be given by posting a notice upon the public sign post within the territorial limits of the District before the day of such meeting, signed by the President or any three Directors, which notice shall designate the time and place of such meeting. Any adjournments thereof shall have written notice mailed to each member not less than three (3) days before the meeting.

Notice of special meetings, or adjournments of all meetings shall designate the time and place of such meeting and the business to be transacted thereat. Such meetings of the Directors may be held without prior notice, at any place or time, if all Directors entitled to vote thereat who are not present at such meeting shall in writing waive notice thereof, before, during, or after the meeting.

Sec. 9. Voting: All questions arising in such meetings shall be decided by a majority vote of the Directors present and voting. The President shall vote only to dissolve a tie. Each Director shall have one (1) vote. Voting at all meetings shall be a viva voce or such method as a majority vote of the Directors present and voting shall designate.

Sec. 10. Vacancies: Any vacancy in the Board of Directors may be filled by the majority vote of the remaining Directors then in office. Vacancies shall be filled only for the unexpired portion of the term and until a successor has been duly elected and qualified,

ARTICLE IV

Officers

Sec. 1. Number: The Officers of the District shall be:

President
Vice-President
Clerk
Treasurer

Sec. 2. Election, Term of Office and Qualifications: The Officers of the District shall be elected at the annual meeting of the voters of the District, shall take office on the day following the annual meeting and shall hold office until the next annual meeting or until their successors shall have been duly elected and qualified. Voting, election and qualification shall be in accordance with Article II hereof and the relevant sections of the Connecticut General Statutes.

Sec. 3. President: The President of the District shall be a member of the Board of Directors and the Chief Executive Officer thereof. He shall preside at all meetings of the Board of Directors. He shall preside over all meetings of the Voters of the District. At all meetings at which he presides, he shall vote only to dissolve a tie vote.

He shall designate the duties devolving upon each of the Directors. He shall approve bills for payment and shall countersign checks drawn by the Treasurer. The President may also designate, in writing, that the Vice-President has the authority to countersign checks in the President’s absence. The President shall, ex officio, be a member of all committees and boards of the District. He shall cause to be called regular and special meetings of the Voters or Board of Directors in accordance with these By Laws and the General Statutes of the State of Connecticut.

He shall appoint, remove, employ, discharge, and fix the compensation of all servants and employees of the District, other than the duly appointed Officers and Directors, subject to and upon approval of the Board of Directors. He shall sign and make all contracts and agreements in the name of the District, subject to and upon approval of the Board of Directors.

He shall have general direction and management of the affairs of the District.

He shall do any and all things required by the General Statutes of the State of Connecticut.

Sec. 4. Vice-President: The Vice-President of the District shall be a member of the Board of Directors. He shall have all the authority, power and duties of the President whenever the President vacates his office, is absent or from any cause is unable to perform his duties. Upon the authorization of the President, the Vice-President shall have the authority to countersign checks.

He shall have such other powers and duties as the President shall from time to time delegate to these By-Laws and the General Statutes of the State of Connecticut.

Sec. 5. Clerk: The Clerk shall be a member of the Board of Directors. He shall keep• record of all of the meetings of the Voters and of the Board of Directors and shall take minutes at all meetings. He shall at all times keep a list of the Voters (as defined in Article II Sec. 1 herein) of the District. Upon authorization of the President, the Clerk shall have the authority to countersign checks on behalf of the Tax District.

He shall give and serve all notices of the District. He shall present to the Board of Directors at the stated meetings all communications addressed to him officially as an Officer of the District. He shall attend to all correspondence. He shall have such other duties and powers as the President shall from time to time delegate in accordance with these By-Laws and the General Statutes of the State of Connecticut.

Sec. 6. Treasurer: The Treasurer shall have charge of collection and payment of all monies of the District; including without limitation all annual or special assessments assessed by the District, under such rules and regulations as shall be prescribed by the Board of Directors. He shall prepare the annual budget which he shall submit to the Board of Directors and transmitted with Board comments and recommendations to the annual budget meeting of the District for adoption.

He shall have the care and custody and be responsible for all the funds and securities of the District, and shall deposit all such funds in the name of the District in such bank, banks, savings bank, savings and loan association, or bank trust company as the Board of Directors may designate. He shall have the power to sign, make and endorse in the name of the District, all checks, drafts, warrants and orders for the payment of money, which shall be co signed by the President, or upon proper designation, the Vice- President, and pay out and disperse of same and receipt therefore, all under the direction of the President and the Board of Directors.

He shall exhibit at all reasonable times his books and accounts to any officer, director or voter of the District upon application at the office of the District during business hours.

He shall render a statement of the finances of the District at the regular meetings of the Board of Directors, and at. such other times as shall be required by the President, Board of Directors, voters, or the General Statutes of the State of Connecticut.

He shall have such other powers and duties as the President shall from time to time delegate in accordance with these By-Laws and the General Statutes of the State of Connecticut.

Sec. 7. Bond: The Treasurer and Bookkeeper shall, if required by the Board of Directors, give to the District such security for the faithful discharge of his duties as the Board may direct. The Bookkeeper is authorized to sign checks which are less than Five Hundred ($500.00) Dollars involving routine, day to day functions, including but not limited to payroll and utilities and bills that have been previously authorized by the Treasurer and the President in accordance with the Connecticut General Statutes.

Sec. 8. Vacancies: Any vacancy may be filled by the majority of the remaining Board of Directors then in office. Vacancies shall be filled only for the unexpired portion of the term and until a successor has been duly elected and qualified.’

ARTICLE V

Budget

Sec. 1. Preparation: Prior to the Annual Meeting of the Voters of the District, the Treasurer shall prepare the annual budget to be proposed by the Officers of the District. The annual budget shall contain in reasonable detail: (1) an itemized statement of all actual receipts from all sources during the last fiscal year; (2) an itemized statement by classification of all actual expenditures during the same year; (3) an itemized estimate of anticipated revenues during the ensuing fiscal year from each source other than from District property taxes and an estimate of the amount which should be raised by District property taxation for such ensuing fiscal year; (4) an itemized estimate of expenditures of the District for such ensuing fiscal year; (5) the amount of revenue for surplus or deficit of the District at the beginning of the fiscal year for which estimates are being prepared; and (6) such other information, statements, ‘accounts or estimates as the Board of Directors or the General Statutes of the State of Connecticut may require.

The Board of Directors shall review the budget and make comments and recommendations thereon, all of which shall be transmitted to the Voters at the Annual Meeting for adoption.

Sec. 2. Hearing and Approval of Budget: Not less than two (2) weeks before the annual District meeting, the board shall hold a public hearing, at which itemized estimates of the expenditures of the District for the ensuing fiscal year shall be presented and at which all persons shall be heard in regard to any appropriation which they are desirous that the board should recommend or reject. Annually, not less than thirty (30) days prior to the beginning of the fiscal year, there shall be a meeting of the Voters of the District for the purpose of adopting the budget, laying the tax and fixing the tax rate.

Such meeting shall take action upon the budget estimate and recommendations, and may make such specific appropriations as appear advisable, but no appropriation shall be made exceeding in amount that for the same purpose recommended by the Board of Directors, and no appropriation shall be made for any purpose not recommended by the Board of Directors.

The report of such proposed item and estimates and expenditures of the District shall be posted and available for distribution at the District office at least ten (10) days before said public hearing and annual meeting.

Sec. 3. Limitation: That the District shall not issue bonds, nor shall the Board of Directors pledge the credit of the District, nor shall the Board of Directors borrow money on behalf of the District in an amount in excess of $10,000.00 unless said bonds, pledge of credit or borrowing shall have been specifically authorized by a vote of the District at a meeting duly warned and held for said purpose in accordance with the Connecticut General Statutes.

Sec. 4. Fiscal Year: The fiscal year of the District shall be from July 1st in each year and end on June 30th in the succeeding year.

Sec. 5. User Fee Programs: The Senior Recreation, Teen Recreation, and Junior Recreation Programs, Tennis Program, and the Boat Mooring and Marina Facilities will be managed on a non-subsidized, self-sustaining basis for those taxpayers that specifically use these facilities and programs. Balances for each program and facility will be maintained separately and will be carried forward from year to year as designated fund balances. Other programs and facilities may be added at the direction of the Board of Directors.

Sec. 6. Club/Beach Reserve: The Club/Beach Capital Reserve line item approved in the annual budget will be carried forward from year to year as a designated fund balance.

ARTICLE VI

Amendments and General Statutes

Sec. 1. Amendments: These By-Laws may be altered, amended, repealed or added to by an affirmative vote of the Voters of the District at an annual meeting or at a special meeting ca1led for that purpose, provided that notice pursuant to Article II herein shall have been given, stating the alteration, amendment or changes proposed. Only such changes as have been specified in the notice shall be made.

Sec. 2. General Statutes: Insofar as these By-Laws or any amendments thereto limit or conflict with the General Statutes of the State of Connecticut or any amendment, addition, repeal or alteration thereto, said General Statutes and its amendment, addition, repeal or alteration shall govern.

ARTICLE VII

Indemnification of Directors, Officers and Employees

Sec. 1. The District shall protect and save harmless any District officer, director or employee, whether elected or appointed, from financial loss and expense, including reasonable legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence or for any infringement of any person’s civil rights, on the part of such officer, director or employee while acting in the discharge of his or her lawful duties.

Sec. 2. In addition to the protection provided under subsection (1), the District shall protect and save harmless any such District officer, director or employee from financial loss and expense, including reasonable legal fees and costs, if any, arising out of any claim, demand or suit instituted against such officer, Director or employee by reason of alleged malicious, wanton or willful act or ultra vires act, on the part of such officer, director or employee while acting in the discharge of his or her lawful duties. In the event such officer, Director or employee has a judgment entered against him for such act in a court of law, however, the District shall be reimbursed by such officer, Director or employee for expenses incurred in providing such defense and shall not be held liable to such officer, Director or employee for any financial loss or expense resulting from such act.

ARTICLE VIII

Audits

Sec. 1. The District shall have its accounts audited at least once annually. Such audit shall be made by an independent public accountant who shall be selected by the District Board of Directors. The accountant shall conduct his audit in accordance with the procedures set forth by the Secretary of the Office of Policy and Management, pursuant to the Connecticut General Statutes 7-392.

ARTICLE IX

Non-Discrimination Policy

It is the policy of the Tax District of Candlewood Isle that no person shall be excluded from participation in, denied the benefits of, or otherwise discriminated against under any program, including employment, because of race, color, religion, sex, age, national origin, ancestry, marital status or sexual orientation.

Independent public accountant means any practicing public accountant or firm of public accountants which has practiced or engaged in public accounting as a regular vocation for a period of at least three (3) years. Such, public accountant shall not have any connection as an employee or official of the District.

ADOPTED: TAX DISTRICT OF CANDLEWOOD ISLE

By: Joan O'Connor Archer

Its Secretary, duly authorized