Ordinances & By-laws

ORDINANCE #1


AN ORDINANCE ESTABLISHING REGULATIONS AND PERMIT REQUIREMENTS FOR THE
CREATION OF ACCESS INTO ROADS MAINTAINED BY THE TAX DISTRICT OF
CANDLEWOOD ISLE BY DRIVEWAY OR OTHER RIGHT OF WAY FOR THE PURPOSE OF
PASSAGE BY MOTOR VEHICLE (Enacted 8/18/73)


BE IT ENACTED BY THE TAX DISTRICT OF CANDLEWOOD ISLE
Section 1: No person, firm or corporation shall hereafter construct, build or establish any
driveway, road, street or other right of way for the purpose of passage by motor vehicle to enter into or
open upon any road maintained by the Tax District of Candlewood Isle before first filing a written
application with the Board of Directors of the Tax District of Candlewood Isle and having a written
permit from said Board. After securing said permit, the area from the existing paved or traveled portion
of the road maintained by the Tax District to the applicant’s property shall be constructed in the
following manner:
(1) Said area shall be excavated to proper depth and have a gravel base of bank run gravel or
broken stone of no less than twelve (12”) in depth.
(2) It shall have a surface of two (2”) inches of bituminous concrete and shall be so shaped that
the water from the applicant’s property shall not drain onto the public highway.
If unusual drainage conditions exist, the construction must conform to any special requirements
which the Board of Directors may specify.
Before work is commenced, a performance bond may be demanded by said Board, with surety and
conditions satisfactory to it, to guarantee completion of the work set forth in the application within the
time specified therein; and in no event shall the bond be less than One Hundred ($100) Dollars in
amount. Said bond shall be released after the work has been satisfactorily completed.
Section 2: If said application shall be granted by said Board, the access shall be created under
the supervision of the Board of Directors or its duly authorized agent.
Section 3: The person or corporation making such access shall guard and protect the access for
the protection of all persons using such road, and shall be responsible for all damages which any person
may sustain during the construction thereof.
Section 4: Any person who shall violate any of these provisions shall be fined not less than Ten
or more than Fifty Dollars.

Last Updated on Wednesday, 13 March 2013 10:01

 

Saturday, 25 July 2009 15:46

ORDINANCE #2


AN ORDINANCE PROHIBITING THE CONSTRUCTION AND/OR GROWTH OF
ENCROACHMENTS ONTO THE ROADS OR RIGHTS OF WAY MAINTAINED BY THE TAX
DISTRICT OF CANDLEWOOD ISLE


BE IT ENACTED BY THE TAX DISTRICT OF CANDLEWOOD ISLE:
Section 1: No person, partnership, organization, institution, company or corporation shall construct,
allow, or cause to be constructed, grow or cause to be grown, maintain or cause to be maintained onto
the right of way of any road maintained by the Tax District of Candlewood Isle any curbing, retaining
wall, fence or shrubbery in such manner so as to cause a hazard to traffic along said road or in such
manner so as to impede the maintenance of said road.
Section 2: any person company or corporation who shall construct or cause to be constructed, grow or
cause to be grown, maintain or cause to be maintained such encroachment shall be responsible for the
removal of said encroachment and shall be liable to a fine of not more than One Hundred ($100.00)
Dollars for every thirty (30) days the violation persists for each such offense. The Board of Directors of
the Tax District of Candlewood Isle shall have the right to enforce the provisions of the Ordinance, in
law and equity.
Section 3: This ordinance shall take effect and be enforced from and after the earliest period allowed by
law.
Revised 2006

 

 

Saturday, 25 July 2009 15:46

ORDINANCE #3


AN ORDINANCE PROHIBITING PARKING AND/OR STORAGE ON THE ROADS, ROAD
RIGHT-OF-WAY AND OTHER PUBLIC PLACES IN THE TAX DISTRICT OF CANDLEWOOD
ISLE. ROAD RIGHTS-OF-WAY ARE FORTY (40) FEET ON LAKE DRIVE SOUTH AND THIRTY
(30) FEET ON ALL OTHER ISLE ROADS.


BE IT ENACTED BY THE TAX DISTRICT OF CANDLEWOOD ISLE:
Section 1: No vehicle shall be parked nor shall any boat or other property be stored on any roads or
rights-of-way maintained by the Tax District of Candlewood Isle so as to constitute a hazard,
impediment or obstruction to the open and safe public use of roads or the access of emergency
equipment.
Section 2: No vehicle shall be parked overnight on any roads maintained by the Tax District of
Candlewood Isle so as to impede the removal of snow between the date of October 15th and the
following April 15th in each of two successive calendar years.
Section 3: No trailer, boat (or trailer and boat), or unregistered motor vehicle shall be parked or stored
on any roads, road rights-of-way or other public places maintained by the Tax District of Candlewood
Isle. No vehicle shall be stored on any other public place maintained by the Tax District of Candlewood
Isle. Any of the above-mentioned encroachments to the roads, road rights-of-way or other public places
existing for more than twenty-four (24) hours shall be presumed to constitute a nuisance, hazard,
impediment, or obstruction to the open and safe public use of roads, road rights-of-way or other public
places and shall be considered to be in violation of this ordinance.
Section 4: Temporary property including but not limited to any structures, firewood, dumpsters,
building or landscaping materials shall not be stored on any roads, road rights-of-way, or other public
places maintained by the Tax District of Candlewood Isle. Such encroachments to the roads, road
rights-of-way, or other public places that exceed three (3) days shall be presumed to constitute a
nuisance, hazard, impediment or obstruction to the open and safe public use of road, roads rights-ofway
or other public places and shall be considered to be in violation of this ordinance. Prior to
encroaching on the roads, road-rights-of-way or other public place, taxpayers may request a temporary
waiver of Section 4. The Board of Directors of the Tax District of Candlewood Isle may issue a permit
for the use of a specific location for a period of time not to exceed sixty (60) days. Permits will only be
issued if the requested use will not constitute a nuisance, hazard, impediment or obstruction to the open
and safe use of roads or other public places, the access of emergency equipment, or the removal of
snow. Trash containers of a reasonable size are not included in this ordinance. Permanent structures are
subject to the zoning regulations of the Town of New Fairfield.
Section 5: When a violation of this ordinance is found the Board of Directors of the Tax District of
Candlewood Isle may:
A. FOR VIOLATIONS OF SECTIONS 1, 2, AND 3
Remove or cause such property to be removed to a garage in the Town of New Fairfield, or other
available storage location, where it shall be impounded. Said removal shall be at the risk of the owner
or person entitled to possession of the property and having been so removed, shall continue to be
impounded until the fees and charges for removal, towing and storage shall be paid by the owner or
person entitled to possession. Said removal shall be intended to be an abatement of the nuisance or
hazard. Notice shall be sent to the owner of record of such vehicle within twenty-four (24) hours from
the time of such removal, indicating the place to which such vehicle has been removed and the reason
for its removal and impounding. In the case of removal of abandoned motor vehicles under Section 3,
removal shall be no sooner than thirty (30) days after notice is provided to the owner and published in
the local newspaper in accordance with Connecticut General Statutes Section 15-a.
FOR VIOLATIONS OF SECTION 4
Remove or cause such property to be removed to a location on the lot adjacent to the road, road rightsof-
way or other location of the owner. Removal of property shall be at the risk of the owner or person
entitled to possession of the property. Said removal shall be intended to be an abatement of the
nuisance. The Tax District of Candlewood Isle shall be entitled to reimbursement of actual expenses
associated with moving or removal of property by any taxpayer whose actions led to the violation of
this ordinance.
Section 6: Each violation of this ordinance shall, thirty (30) days after written notice of the violation
has been given, be punishable by citations with the fine not to exceed One Hundred ($100.00) Dollars
in amount for every thirty (30) days that the violation persists. The Board of Directors of the Tax
District of Candlewood Isle shall have the right to enforce the provisions of this ordinance in law and
equity.
Section 7: This ordinance shall take effect and be enforced from the earliest date permitted by law.
Revised 2006

 

 

Saturday, 25 July 2009 15:47

ORDINANCE #4


AN ORDINANCE PROHIBITING CERTAIN ACTS ON COVE LANE IN CONJUNCTION WITH
THE CANDLEWOOD ISLE BOAT LAUNCH AREA LOCATED AT END OF THE ROAD


BE IT ENACTED BY THE TAX DISTRICT OF CANLDEWOOD ISLE:
Section 1: No vehicle, boat, boat trailer (or trailer and boat), unregistered motor vehicle, or other
property (including but not limited to structures, firewood, dumpsters, buildings or landscaping
materials) shall be parked or otherwise placed on the WEST side of Cove Lane (or the road right-ofway)
so as to interfere with the process of launching and pulling boats from the launch area. No
parking or storage of property is permitted at any time on the EAST side of Cove Lane (or the road
right of way). Boat trailers and cars used to launch boats (or remove boats) may not be left on the
launch area or Cove Lane when not personally attended. Access to and use of the Cove Lane boat ramp
is at the risk of the taxpayer.
Section 2: The launch area is for the sole private use of Candlewood Isle taxpayers and their guests
(when accompanied by a taxpayer). Commercial use of the launch area is not permitted.
Section 3: the following acts shall also be prohibited:
3.1 Mooring boats in the lake so as to interfere with the launching of other boats
3.2 Using the launch area to repair boats
3.3 Failing to launch boats in a timely manner
3.4 Using loud radios, horns, etc.
Section 4: When a violation of this ordinance is found, the Board of Directors of the Tax District of
Candlewood Isle may
A. FOR VIOLATIONS OF SECTION 1:
Remove or cause such property to be removed to a garage in the Town of New Fairfield, or other
available storage location, where it shall be impounded. Said removal shall be at the risk of the owner
or person entitled to possession of the property and having been so removed, shall continue to be
impounded until the fees and charges for the removal, towing and storage shall be paid by the owner or
persons entitled to possession. Said removal and storage shall be intended to be an abatement of the
nuisance. Notice shall be sent to the owner of record of such vehicle, boat or trailer within twenty-four
(24) hours from the time of such removal, indicating the place to which such vehicle has been removed
and the reason for its removal and impounding.
B. FOR VIOLATIONS OF SECTION 2 AND 3:
Violators of this Ordinance will be denied access to the launch area. Improperly placed mooring will be
removed.
Section 5: Each violation of this ordinance shall, after written notice of the violation has been given and
a reasonable time to cure has expired, be punishable by citation with the fine not to exceed One
Hundred ($100.00) dollars in amount. The Board of Directors of the Tax District of Candlewood Isle
shall have the right to enforce the provisions of this ordinance in law and equity.
Section 6: This ordinance shall take effect and be enforced from the earliest date permitted by law.
Revised 2006

 

 

Saturday, 25 July 2009 15:47

ORDINANCE #5

 

AN ORDINANCE  LIMITING THE USE OF MOTOR VEHICLES ON THE ROADS MAINTAINED BY THE TAX DISTRICT OF CANDLEWOOD ISLE TO DULY REGISTERED MOTOR VEHICLES DRIVEN BY DULY LICENSED DRIVERS

BE IT ENACTED BY THE TAX DISTRICT OF CANDLEWOOD ISLE:

Section 1:  All vehicles which can be registered by the Department of Motor Vehicles must be so registered before they can be operated on any road maintained by the Tax District ofCandlewood Isle. 

Section 2:  No motorized vehicle shall be operated by any person who does not have a current duly issued driver’s license to operate said vehicle on any road maintained by the Tax District of Candlewood Isle.

Section 3:  A motorized vehicle  is defined to include, but is not limited to a mini-bike, motor bicycle, motor scooter, motor go-cart, motorcycle, automobile, truck, motor golf cart and snowmobile.

Section 4:  Golf Carts. 

The operation of gas or electric powered golf carts on roads maintained by the Tax District is permitted, provided that the owner and/or operator strictly comply with the following:

      a.   The golf cart must be operated by a person with a current valid driver’s license;

      b.   The golf cart must be properly insured and the insurance coverage must comply with the minimum requirements under Connecticut law for motor vehicle insurance coverage;

      c.   The golf cart must be operated in compliance with the 20 mph speed limit;

      d.   The golf cart must be registered with the proper Candlewood Isle authority and have a current registration sticker affixed to the cart;

      e.   The golf cart must have an operable horn and reflectors; and

      f.    Golf carts shall be operated during daylight hours only, unless the cart is equipped with proper functioning headlights and tail lights.                               

Section 5:  The Board of Directors of the Tax District of Candlewood Isle shall have the right to enforce the provisions of this ordinance in law and equity. Violators of this ordinance will receive written notification and violations are punishable by a fine not to exceed Fifty ($50) Dollars.  The failure of the owner or operator of a golf cart to comply with this ordinance, after due notice and warning, shall be grounds for the Board of Directors to revoke a duly issued registration in addition to any fines or penalties that may be levied in accordance with the By-Laws and ordinances of the Tax District.

Section 6:  This ordinance shall take effect and be enforced from the earliest date permitted by law.  

Revised 2012

Last Updated on Tuesday, 30 April 2013 13:14

 

 

Saturday, 25 July 2009 15:47

ORDINANCE #6


AN ORDINANCE SETTING FORTH THE MINIMUM SPECIFICATIONS FOR ALL ROADS
PROPOSED TO BE ACCEPTED BY THE TAX DISTRICT OF CANDLEWOOD ISLE FOR
MAINTENANCE AND SNOW REMOVAL (Enacted 5/14/77)


BE IT ENACTED BY THE TAX DISTRICT OF CANDLEWOOD ISLE:
The following road specifications shall apply to all roads proposed to be accepted by the Tax District
for maintenance and snow removal
1. GENERAL: No road or street within Candlewood Isle hereafter constructed or improved will be
accepted by the Tax district for maintenance unless the construction is in accordance with the following
standards and specifications
No new road or street shall be constructed until the Plat and Improvement Plans for the road or street
(including necessary drainage facilities) have been completed and approved by the road Committee of
the Tax District.
2. WIDTH OF PAVEMENT: The paved section of any road or street shall be not less than 18 feet in
width at all points unless otherwise directed by the Road committee.
All roads and streets shall be centered in the right-of-way.
Cul de sacs shall have a fully paved turnaround with a minimum radius of 25 feet.
3. ROUGH GRADING: All top soil shall be stripped from the bed of the proposed roadway for a width
to include the paved surface and shoulders. Grades shall not exceed 12 percent, or in exceptional cases,
16 percent as a maximum. The minimum grade shall not be less than one percent. Embankment and
excavated slopes shall be one foot vertical to two feet horizontal.
The subgrade shall be prepared by excavating and/or filling, removing unsuitable material and
replacing with a foundation course as required by the Road chairman.
4. PAVEMENT: Road and street shall be paved to the width prescribed and as follows:
a. Foundation Course
The foundation course for pavement shall consist of a layer of ROB gravel with a compacted
finished thickness of not less than 6 inches
b. Asphalt Concrete Pavement
All road pavement shall consist of 2 courses of bituminous concrete wearing surface not less than 4
inches compacted.
c. Foundation Course
The foundation course for pavement shall consist of a layer of ROB gravel with a compacted
finished thickness of not less than 6 inches.
d. Asphalt Concrete Pavement
All road pavement shall consist of 2 courses bituminous concrete wearing surface totaling not less
than 4 inches compacted.
5. SHOULDERS: Shoulders shall be of compact gravel or crushed stones 6 inches thick and not less
than 3 feet in width unless otherwise approved by the Road Committee. Shoulders shall have a slope of
one inch per foot
6. DRAINAGE: A complete system of surface drainage shall be installed to adequately dispose of
storm water. When discharge of storm water shall be into, upon or through private property, proper
easements shall convey the perpetual rights to discharge storm water runoff from the highway and from
the surrounding area onto and over the affected premises by means of pipes, culverts or ditches or a
combination thereof together with right to enter said premises for purposes of making such installations
and doing such maintenance work as the Tax District may deem necessary to adequately drain the
highway and surrounding area.
Culvert Pipes shall be of approved corrugated metal pipe not less than 15 inches in diameter. Pipe shall
be installed in straight lines and at a uniform rate of grade between points. Catch basins shall be
constructed of precast concrete as manufactured by M&M Septic Tank Company, Inc. of Danbury,
Connecticut, or equal.
Catch basins and manholes shall be located on all changes in direction of storm drain and at intervals
not to exceed 400 feet.
Gutters and curbs shall be constructed to adequately control the flow of water.
7. GUIDE POSTS: Posts shall be 6 inches in diameter of locust or other approved material asnd shall
be 6 feet in length. Guide posts shall be placed as required by the Road Committee, but as a minimum
at all culverts and on all fills having a depth exceeding 4 feet and shall be spaced in any event not more
than 10 feet apart.
8. FINISH GRADING AND SEEDING: Finish grade on all surfaces from the edge of curb or guytter
to the toe or tip of slope with a minimum of 4 inches of topsoil and sow with a hardy grass seed in
sufficient quantity to produce turf that will stabilize the slope.
9. INSPECTION: The Road Committee of the Tax District of Candlewood Isle shall have access to all
parts of the work while under construction at all times. No portion of the work shall be covered until
reasonable opportunity for inspection has been given. Approval under these specifications shall be by
the Board of Directors of the Tax District.
It shall be required that a Connecticut State Licensed Engineer or Surveyor certify to the Tax District
that the roads have been constructed true to line and grade and that the drainage system has been
constructed in accordance with the Improvement Plans.
This ordinance shall take effect and be enforced from and after the earliest date allowed by law.

 

 

Saturday, 25 July 2009 15:48

ORDINANCE #7


PROHIBITING CONSUMPTION AND/OR POSSESSION WITH THE INTENT TO CONSUME
ALCOHOLIC BEVERAGES ON PROPERTIES MAINTAINED BY THE TAX DISTRICT OF
CANDLEWOOD ISLE .


BE IT ENACTED BY THE TAX DISTRICT OF CANDLEWOOD ISLE:
Section 1: Purpose and Definitions
(a) The consumption of alcoholic liquor within the limits of roads and other areas maintained by
the Tax District of Candlewood Isle and in motor vehicles parked on said premises has resulted in
disturbance of the peace, damage to public and private property, and proliferation of litter. It is the
purpose and objective of this ordinance to eliminate these undesirable results, insofar as possible, by
imposing limitations upon the possession and consumption of alcoholic liquor on properties maintained
by the Tax District of Candlewood Isle.
(b) For the purpose of this ordinance the following definitions shall apply:
Alcoholic liquor shall have the same meaning as in the Connecticut Liquor Acts, Section 30-1 et
seq. of the Connecticut General Statutes, Revision of 1958 as amended:
Motor vehicle shall have the same meaning as in section 14-1 of the Connecticut General
Statutes.
Possession with intent to consume shall mean having in one’s possession or control, alcoholic
liquor in a glass, open bottle, tapped keg, or other open container so as to permit consumption by one
having the purpose of consuming such alcoholic liquor.
Section 2: Prohibited
Except for Candlewood Isle sponsored events, no person shall consume or possess with intent to
consume alcoholic liquor within the limits of roads and other properties maintained by the Tax District
of Candlewood Isle. For the purposes of this ordinance, without limiting the generality of the
foregoing, the consumption or possession with intent to consume of alcoholic liquor in motor vehicles
parked on said premises shall also be deemed a violation hereof.
Section 3: Penalty for Violation
Any person violating the provisions of this ordinance shall be fined not more than fifty ($50.00)
dollars for each offense.
Revised 2006

 

 

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:

1. President

2. Vice-President

3. Clerk

4. 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 ofcollection 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