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Subchapter 001: POWERS OF THE TOWN
§ 101. Corporate existence retained
The area and inhabitants within the current boundaries of the Town of Colchester shall
continue to be a municipal corporation by the name of the Town of Colchester. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 102. General law; application
Except when changed or modified by this charter, or by any lawful regulation or ordinance
of the Town of Colchester, all of the statutes of the State relating to municipalities
shall apply to the Town of Colchester.
§ 103. Powers of the Town
(a) The Town shall have all the powers granted to towns by the Constitution and laws of
the State together with all the implied powers necessary to carry into execution the
powers granted; it may enact ordinances consistent with the Constitution and laws
of the State of Vermont or with this charter, and impose penalties for violations
thereof not in excess of a fine of $100.00, together with the costs of prosecution,
or imprisonment for not more than 60 days, or both.
(b) The Town of Colchester may adopt, amend, enforce, and repeal ordinances relating to
any aspect of municipal concern for the peace, order, health, safety, comfort, protection,
morality, and general welfare of the Town and of its citizens.
(c) The Town may acquire real property within its corporate limits for any Town purpose,
in fee simple or any lesser interest or estate, by purchase, gift, devise, lease,
or condemnation, or without its corporate limits by purchase, gift, devise, lease,
with approval of the voters, consistent with the Constitution and laws of the State
of Vermont, and may sell, lease, mortgage, hold, manage, and control such property
as its interests may require.
(d) In this charter, no mention of a particular power shall be construed to be exclusive
or to restrict the scope of the powers that the Town would have if the particular
power were not mentioned.
(e) The Town may merge with political subdivisions within its boundary after approval
of the voters in elections to be held by both the Town and political subdivision involved.
§ 104. Additional powers
In addition to powers otherwise conferred upon it by law, the Town is authorized:
(1) To adopt and enforce ordinances relating to making and installing local improvements
including curbs, sidewalks, storm drains, and water and sanitary waste systems; apportioning
part of the expense of such improvements against property owners who benefit thereby;
providing for the collection of such assessments and penalties for nonpayment; provided
however:
(A) That, in absence of an ordinance, no assessment shall be made by the Selectboard until
it has received a petition in writing from 50 percent of the owners of property fronting
on such local improvements as proposed. Upon receiving such petition, the Selectboard
may order the proposed improvements to be made.
(B) That no assessment shall be made in excess of the actual benefit to the land so assessed
as determined by the Selectboard after notice to and hearing of the owners of the
property assessed.
(C) That the total assessment made on account of any such improvements shall not exceed
50 percent of the cost of such improvement and the remaining cost of such improvement
shall be borne by the Town.
(2) To adopt and enforce ordinances requiring the installation of curbs, sidewalks, and
storm drains in a manner specified by the Town as a condition precedent to the issuance
of a building permit.
(3) To adopt and enforce ordinances regulating signs and billboards.
(4) To adopt and enforce police ordinances regulating the parking, operation, and speed
of motor vehicles upon Town and State aid streets and highways; to adopt police ordinances
regulating the use of firearms, air rifles, and devices having a capacity to inflict
personal injury; to adopt and enforce police ordinances prohibiting the use of firearms,
air rifles, and devices having a capacity to inflict personal injury in specified
areas, but only with approval of the voters.
(5) To adopt and enforce ordinances relating to regulation, licensing, or prohibition
of the storage and accumulation of garbage, ashes, rubbish, refuse, and waste materials.
(6) To create and maintain a Police Department.
(7) To establish a policy whereby the Selectboard may determine it to be in the public
interest to plow those private roads serving two or more year-round residences, which
had previous to January 1, 1997, have the Town providing winter road maintenance. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 105. Ordinances; enforcement; adoption
(a) The Selectboard may provide monetary penalties or injunctive relief for the breach
of any ordinance authorized by general law or this charter; may prosecute any person
violating the same through the Town legal counsel or police officers who for such
purposes shall be informing officers and may maintain actions to restrain actual or
threatened violations of the same. The establishment of any fine or penalty shall
be by ordinance.
(b) Ordinance-making authority granted to the Town by this charter and general law shall
be exercised in accordance with sections 106 through 109 of the charter. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 106. Introduction; first and second readings; public hearing
(a) Every ordinance, repeal of an ordinance, or amendment to an ordinance shall be introduced
in writing. The enacting clause of all ordinances shall be “The Selectboard of the
Town of Colchester hereby ordains...”. If the Selectboard passes the proposed ordinance
upon first reading it shall cause the proposed ordinance to be published in its entirety,
or a concise summary of it, in the Selectboard’s designated newspaper of general circulation
in the Town at least once, together with a notice of the time and place when and where
there will be a public hearing to consider the same for final passage. The first publication
shall be at least 15 days prior to the date of said public hearing.
(b) At the time and place so designated or at any time and place to which the hearing
may from time to time be adjourned, such ordinance shall be available in written form
for the public. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 107. Further consideration; final passage
After the hearing, the Selectboard may finally pass such ordinance with or without
amendment, except that if the Selectboard makes an amendment, it shall cause a summary
of the amended ordinance to be published at least once together with a notice of the
time and place of a public hearing at which such amended ordinance will be further
considered, which publication shall be at least three days prior to the public hearing.
At the time so designated or at any time and place to which such meeting may be adjourned,
the amended ordinance shall be read in full, and after such hearing the Selectboard
may finally pass such amended ordinance, or again amend it subject to the same procedure
as outlined herein. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 108. Effective date
Every ordinance shall become effective 21 days after passage unless a petition for
overrule is filed in accordance with section 305 of this charter; or, if the ordinance
is conditioned upon approval of the voters of the Town, then upon a favorable vote
of a majority of those voting thereon at a meeting duly warned for the purpose.
§ 109. Filing
The Town Clerk shall prepare and keep in the Town Clerk’s office the original signed
copy of all ordinances and/or any changes, adopted by the Selectboard. This original
file shall be indexed by subject matter and shall note in the record procedural information
relating to the enactment of each original or changed ordinance. The Town Manager
shall arrange for publishing and updating of codified sets of all ordinances for distribution
and use by Town officials. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 110. Annual Town report
The annual Town report shall be made available for general distribution not later
than 10 days prior to the annual meeting.
§ 111. Reservation of powers to the Town
Nothing in this subchapter shall be so construed as in any way to limit the powers
and functions conferred upon the Town of Colchester and the Selectboard of said Town
by general or special enactments in force or effect or hereafter enacted; and the
powers and functions conferred by this charter shall be cumulative and in addition
to the provisions of such general or special enactments. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
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Subchapter 002: OFFICERS
§ 201. Officers generally
The officers of the Town of Colchester shall be those provided by law for towns, except
as otherwise provided by this charter. Such officers shall have all the powers and
duties necessary to carry out the provisions of this charter as well as those provided
by law. All officers shall be elected or appointed as hereinafter provided.
§ 202. Elective officers; generally
(a) At the annual meeting, the Town shall elect by Australian ballot from among the legally
qualified voters thereof the following Town officers, who shall serve until the next
annual meeting or until others are chosen.
(1) Selectboard, number, terms of office, election:
(A) There shall be a Selectboard consisting of five members, and all Selectboard members
shall be elected at large.
(B) Three members of the Selectboard shall have terms of office of three years; two members
shall have terms of office of two years. At each election, one Selectboard member
shall be elected for a three-year term and one for a two-year term.
(2) A Moderator.
(3) One Lister for a term of three years.
(4) A Library Trustee for a term of five years.
(b) In such case as three or more candidates run for the same office and no candidate
receives at least 40 percent of the votes cast for said office, no one shall be declared
elected and a run-off election shall be held. The only candidates in the run-off election
shall be the two persons receiving the greatest number of votes for that office. The
Town Clerk shall within 7 days warn a run-off election to be held not less than 15
nor more than 30 days after the date of the warning. The person receiving a plurality
of all votes cast in a run-off election shall be declared elected. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015; 2017, No. M-5, § 2, eff. May 17, 2017; 2017, No. M-17 (Adj. Sess.), § 2, eff. May 21, 2018.)
§ 203. Recall
(a) Any officer elected under section 202 of this charter may be removed from office as
follows: A petition signed by not less than 15 percent of the registered voters shall
be filed with the Selectboard, requesting a vote on whether the elected officer shall
be removed from office. The Selectboard shall call a special Town meeting, to be held
within 45 days of receiving the petition, to vote on whether the elected officer shall
be removed. The official shall be removed only if at least as many registered voters
of the Town vote as voted in the election wherein the officer was elected, or at least
one-third of the registered voters of the Town vote, whichever is greater, and a majority
of that number vote for removal.
(b) If the Town votes for removal of an elected officer, the office shall thereupon become
vacant, and the Selectboard shall call a special meeting, to be held within 45 days
of the vote for removal, to fill the vacancy until the term of the officer so removed
expires. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 204. Vacancies
In case of a vacancy of any elected Town official, such vacancy shall be filled by
the Selectboard until the next annual election. The person then elected shall serve
for the remainder of the unexpired term. If more than one vacancy occurs on an elected
board at the same time, the vacancy shall be filled by a special Town meeting called
for that purpose. Separate filing shall be made for such unexpired term. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 205. Selectboard; organization
(a) Forthwith after their election and qualification, the Selectboard shall organize and
elect a Chair, Vice Chair, and a Clerk by a majority vote of the entire Selectboard
and file a certificate of such election for record in the office of the Town Clerk.
(b) The Chair of the Selectboard, or in the Chair’s absence the Vice Chair, shall preside
at all meetings of the Selectboard and shall be recognized as the head of the Town
government for all ceremonial purposes.
(c) The rules of conduct of all meetings shall be governed by “Robert’s Rules of Order.” (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 206. Meetings of the Selectboard
(a) As soon as possible after the election of the Chair and Vice Chair, the Selectboard
shall fix the time and place of its regular meetings and such meetings shall be held
at least once each month.
(b) The Selectboard shall determine its order of business.
(c) The presence of three members of the Selectboard shall constitute a quorum. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 207. Record of proceedings
(a) It shall be the duty of the Selectboard to keep an official record of its proceedings
and policies, which shall be open for public inspection and published on the Town’s
website.
(b) The minutes of each meeting shall be approved by the Selectboard at a subsequent meeting. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015; 2017, No. M-5, § 2, eff. May 17, 2017.)
§ 208. Appointments
(a) The Selectboard shall appoint the members of the following permanent commissions of
the Town of Colchester:
(1) Development Review Board;
(2) Planning Commission;
(3) Cemetery Advisory Committee.
(b) The Selectboard may appoint such additional commissions or committees as it feels
to be in best interest of the Town.
(c) The Selectboard shall appoint legal counsel and a Tree Warden if needed. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 209. Jurisdiction over other officers or employees
Neither the Selectboard nor any of its members shall direct or request the appointment
by another officer or employee of the Town of any person to office or employment,
or any person’s suspension or removal therefrom, or in any manner take part in the
appointment, discipline, or removal of subordinates and employees of the Town except
as otherwise provided in this charter. The Selectboard and its members shall deal
with that portion of the service of the Town for which the Town Manager is responsible
solely through the Town Manager, and neither the Selectboard nor any of its members
shall give any orders to or request any action by any subordinate in office. This
shall not prohibit the Selectboard from recommending to the Town Manager a prospective
employee for the Town Manager’s consideration. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 210. Compensation of Selectboard; appointees
(a) Compensation paid to the Selectboard shall be set by the voters at the annual meeting.
(b) The Selectboard shall fix the compensation of all officers and employees, except as
otherwise provided in this charter. All fees payable to the Town Clerk shall be paid
to the Town Treasury and the compensation fixed by the Selectboard shall be in lieu
of any such fees otherwise payable to the Town Clerk. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 211. Powers and duties
(a) The members of the Selectboard shall constitute the legislative body of the Town of
Colchester for all purposes required by statute and, except as otherwise herein specifically
provided, shall have all the powers and authority given to and perform all duties
required of town legislative bodies or selectboards under the laws of the State of
Vermont.
(b) Within the limitations of the foregoing, the Selectboard shall have the power to:
(1) appoint and remove a Town Manager and supervise, create, change, and abolish offices,
commissions, or departments other than the offices, commissions, or departments established
by this charter;
(2) assign additional duties to offices, commissions, or departments established by this
charter but may not discontinue or assign to any other office, commission, or department
duties assigned to a particular office, commission, or department established by this
charter;
(3) appoint the members of all boards, commissions, committees, or similar bodies unless
specifically provided otherwise by this charter;
(4) make, amend, and repeal ordinances as provided in sections 106-109 of this charter;
(5) provide for an independent audit by a certified public accountant;
(6) inquire into the conduct of any officer, commission, or department and investigate
any and all municipal affairs. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
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Subchapter 003: TOWN MEETINGS
§ 301. Application of general laws
Provisions of the laws of the State of Vermont relating to the qualifications of voters,
the manner of voting, the duties of election officers, and all other particulars respective
to preparation for, conduct, and management of elections, so far as they may be applicable,
shall govern all municipal elections, and all general and special meetings, except
as otherwise provided in this charter.
§ 302. Time of holding
(a) An annual Town meeting for the consideration of the budget and other Town business
shall be held on the first Tuesday in March unless otherwise legally warned by the
Selectboard. However, all business that may be decided without Australian ballot shall
take place on the evening before the first Tuesday in March and shall be adjourned
when all matters have been decided. The time shall be established by policy of the
Selectboard at its annual organizational meeting in consultation with the Colchester
School District.
(b) The election of officers and the voting on all other questions to be decided by the
Australian ballot system shall take place on the first Tuesday in March. The ballot
boxes shall be open between 7:00 a.m. and 7:00 p.m. or as shall be determined and
warned by the Selectboard.
(c) The Selectboard shall determine which articles are to be voted upon by Australian
ballot and which articles are to be voted upon by other methods, and it shall indicate
in the warning the questions to be voted by Australian ballot. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 303. Eligible voters
A means for the identification and designation of the eligible voters in Town meeting
shall be devised and enforced by the Board of Civil Authority.
§ 304. Budget
An annual Town budget exclusive of school district budget shall become effective after
adoption at Town meeting by the vote of the majority of those eligible to vote present
at such meeting. After such budget has been adopted, the Selectboard may make emergency
appropriations totaling not in excess of four percent of the aggregate budget appropriations,
following an opportunity for public comment on the matter. Such emergency appropriations
shall be reported to the next Town meeting. Any appropriation in excess of such four
percent shall require prior approval of a special Town meeting. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015; 2017, No. M-5, § 2, eff. May 17, 2017.)
§ 305. Overrule of ordinances
All ordinances shall be subject to overrule by a special Town meeting, as follows;
if, within 20 days after final passage by the Selectboard of any such ordinance, a
petition signed by voters of the Town not less in number than 10 percent of the largest
number of votes cast by Australian ballot at the last annual Town meeting is filed
with the Town Clerk requesting its reference to a special Town meeting, the Selectboard
shall fix the time and place of such meeting, which shall be not less than 30 nor
more than 40 days after the filing of the petition and notice thereof shall be given
in the manner provided by law in the calling of a special Town meeting. An ordinance
so referred shall become effective upon the conclusion of such meeting unless voters
not less in number than 10 percent of the largest number of votes cast by Australian
ballot at the last annual Town meeting and constituting a majority of those voting
thereon, shall have voted against the ordinance. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 306. Petition for enactment of ordinance; special meeting
(a) Subject to the provisions of section 305 of this charter, voters of the Town may at
any time petition in the same manner as in section 305 for the enactment of any proposed
lawful ordinance by filing such petition, including the text of such ordinance, with
the Town Clerk. The Selectboard shall call a special Town meeting to be held not less
than 30 nor more than 40 days after the date of such filing, unless prior to such
meeting such ordinance is enacted by the Selectboard. The warning for such meeting
shall state the proposed ordinance in full and shall provide for an aye and nay vote
as to its enactment. Such ordinance shall take effect on the 10th day after the conclusion
of such meeting provided that the voters as qualified in section 305 of this charter,
constituting a majority of those voting thereon, shall have voted in the affirmative.
(b) Any proposed ordinance shall be examined by the Town Attorney before being submitted
to the special Town meeting. The Town Attorney is authorized subject to the approval
of the Selectboard to correct such ordinance so as to avoid repetitions, illegalities,
and unconstitutional provisions, and to ensure accuracy in its text and references,
and clearness and preciseness in its phraseology, but the Attorney shall not materially
change its meaning and effect.
(c) This section shall not apply to appointments of officers, members of commissions,
or boards made by the Selectboard or to the appointment or designation of Selectboard
members, or to rules governing the procedure of the Selectboard. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
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Subchapter 004: TOWN MANAGER
§ 401. Appointment
The Selectboard shall appoint a Town Manager pursuant to 24 V.S.A. chapter 37. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015; 2017, No. M-5, § 2, eff. May 17, 2017.)
§ 402. Qualifications
The Town Manager shall be chosen solely on the basis of executive and administrative
and professional qualifications. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 403. Oath
Before entering upon official duties, the Town Manager shall be sworn to the faithful
performance of those duties by the Town Clerk. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 404. Powers and duties
(a) The Town Manager shall carry out the policies laid down by the Selectboard and to
that end the Town Manager shall be the Chief Executive Officer and the head of the
administrative branch of the Town government and shall be responsible to the Selectboard
for the efficient administration thereof.
(b) Unless otherwise excused by the Selectboard, the Town Manager or his or her designee
shall attend all meetings of the Selectboard and the Town Manager or his or her designee
shall keep the Selectboard informed of the financial condition and future needs of
the Town and shall make such reports as may be required by law, or ordinance, or that
may be requested by the Selectboard. The Town Manager shall make such other reports
and recommendations as the Town Manager may deem advisable, but shall not vote. The
Town Manager shall perform such other duties as may be prescribed by this charter,
or required of the Town Manager by law, ordinance, or resolution of the Selectboard
not inconsistent with this charter.
(c) The Town Manager shall be an ex-officio member of all standing committees but shall
not vote.
(d) The Town Manager shall prepare the annual budget and submit it to the Selectboard
and be responsible for its administration after adoption.
(e) The Town Manager shall compile for general distribution at the end of each fiscal
year a complete report on the finances and administrative activities of the Town for
the year.
(f) The Town Manager shall provide to the Selectboard a monthly financial statement, with
a copy to the Town Treasurer.
(g) The Town Manager shall be the general purchasing agent of the Town and purchase all
supplies for every department thereof.
(h) The Town Manager shall be responsible for the system of accounts except where otherwise
delegated under this charter.
(i) The Town Manager shall perform any other duties assigned by State law not in conflict
with this charter.
(j) The Town Manager shall be responsible for the operation of all departments of the
Town not otherwise provided for in this charter.
(k) The Town Manager shall have authority to appoint, fix the salary of, suspend, and
remove all employees of the Town, including the Town Clerk and Treasurer, subject
to the provisions of this charter. The Town Manager shall obtain the advice and consent
of a majority of the Selectboard before appointing or fixing the salary of the head
of any department, including the Town Clerk and Treasurer.
(l) The Town Manager may, when advisable or proper, delegate to subordinate officers and
employees of the Town any duties conferred upon the Town Manager by this charter or
by action of the Selectboard, including the enforcement of Town ordinances, and hold
them responsible for the faithful discharge of such duties.
(m) The Town Manager shall be responsible for the enforcement of all Town laws and ordinances.
(n) The Town Manager or his or her designee shall be responsible for the Town cemeteries
and will manage, maintain, and operate them with the advice and assistance of a Cemetery
Advisory Committee, appointed by the Selectboard. The duties and responsibilities
of this Committee are established by the Town Manager and approved by the Selectboard. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015; 2017, No. M-5, § 2, eff. May 17, 2017; 2017, No. M-17 (Adj. Sess.), § 2, eff. May 21, 2018.)
§ 405. Compensation
The Town Manager shall receive such pay as may be fixed by the Selectboard, subject
to the provisions of this charter. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 406. Removal
(a) On 90 days’ notice, the Town Manager shall be removed by a majority of the entire
Selectboard so voting upon a finding of cause for removal. The Town Manager may be
suspended during this period, but the Town Manager’s pay shall continue until removal.
(b) The Selectboard shall adopt a resolution stating its intention to remove the Town
Manager and the reasons therefor, a copy of which shall be served forthwith on the
Town Manager, along with a notice of termination hearing not less than 10 days or
more than 20 days from the date of notice. The Town Manager shall have an opportunity
to be heard at the hearing. The Selectboard may thereafter dismiss the Town Manager
for cause. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015; 2017, No. M-5, § 2, eff. May 17, 2017.)
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Subchapter 006: BUDGET
§ 601. Fiscal year
The fiscal year of the Town and Town School District shall begin the first day of
July and end on the 30th day of June of the next calendar year. The fiscal year shall
constitute the budget and accounting year as used in this charter.
§ 602. Preparation and submission
(a) The Town Manager, at least 75 days before the annual Town meeting or at such previous
time as the Town Manager may be directed by the Selectboard, shall submit to the Selectboard
a budget containing:
(1) an estimate of the financial condition of the Town as of the end of the fiscal year;
(2) an itemized statement of appropriations recommended for current expenses, and for
capital improvements other than those included in multi-year, voter approved capital
plans, voter approved financing agreements, voter approved debt, or impact fees adopted
in accordance with 24 V.S.A. chapter 131, during the next fiscal year with comparative statements of appropriations and estimated
expenditures for the current fiscal year and actual appropriations and expenditures
for the immediate preceding fiscal year;
(3) an itemized statement of estimated revenues from all sources, other than taxation,
for the next fiscal year and comparative figures of tax and other sources of revenue
for the current and immediate preceding fiscal years;
(4) for capital to be funded through revenues other than those included in multi-year,
voter approved capital plans, voter approved financing agreements, voter approved
debt, or impact fees adopted in accordance with 24 V.S.A. chapter 131, a capital budget for the next five fiscal years, showing anticipated capital expenditures,
financing, and source of funding.
(b) The annual budget should be presented as follows:
(1) The Town Manager shall formally present the Town Manager’s budget to the Selectboard
at a public meeting and provide such other information as may be requested by the
Selectboard.
(2) The Selectboard shall have 35 days to review and approve the recommended budget with
or without change.
(3) Not later than 45 days prior to the annual Town meeting, the Selectboard shall hold
at least one public hearing to present and explain its proposed budget.
(4) Not less than 15 days prior to the annual Town meeting, the Town Manager shall print
and distribute the Selectboard’s recommended budget and the final warning of the pending
Town meeting.
(5) Not less than 15 days prior to the annual Town meeting, the Town Manager shall also
file the proposed capital budget with the Town Clerk and Secretary of the Planning
Commission pursuant to 24 V.S.A. § 4443(a). (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015; 2017, No. M-5, § 2, eff. May 17, 2017.)
§ 603. Town meeting and budget
The budget shall be approved or rejected by the legal voters by Australian ballot
at the annual Town meeting or a special Town meeting. In the event of rejection of
the budget by the legal voters, within 30 days of a vote rejecting the budget, the
Selectboard shall set the time and place of the next special Town meeting on the budget. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015; 2017, No. M-5, § 2, eff. May 17, 2017.)
§ 604. Appropriation
The effective date of the budget shall be July 1 of each year. The budgeted accounts
and their corresponding dollar amounts shall be those approved by the legal voters
under section 603 of this charter.
§ 605. Amount to be raised by taxation
Upon passage of the budget by the annual Town meeting, the amounts stated therein
as the amount to be raised by property taxes shall constitute a determination of the
amount of the levy for the purposes of the Town in the corresponding tax year and
the Selectboard shall levy such taxes on the grand list furnished by the listers for
the corresponding tax year.
§ 606. Departmental budget
The budget for a department shall include all proposed expenditures as provided in
the overall budget adopted at Town meeting. Town department heads shall not exceed
expenditures as approved by voters, or as altered by the Selectboard or Town Manager,
as permitted through this charter or as permitted by Vermont law. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015; 2017, No. M-5, § 2, eff. May 17, 2017.)
§ 607. Transfers of appropriation
The Town Manager may at any time transfer an unencumbered appropriation balance or
portion thereof between general classification of expenditures with an office, agency,
or department. The Selectboard shall be notified in writing of all such interdepartmental
transfers. The Selectboard may transfer an unencumbered appropriation balance or a
portion thereof between departments. All transfers shall be documented and signed,
and distributed to the Town Clerk and Treasurer. Account transfers as noted in this
section must be managed within the total budget, with its constraint as required by
section 304 of this charter. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015; 2017, No. M-5, § 2, eff. May 17, 2017.)
§ 608. Capital budgeting for voter approved funding
Capital budgets funded through voter approved multi-year capital plans, voter approved
agreements, voter approved debt, or impact fees adopted in accordance with 24 V.S.A. chapter 131 shall follow the process for approval outlined in 24 V.S.A. § 4443. (Added 2017, No. M-5, § 2, eff. May 17, 2017.)
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Subchapter 007: TAXATION
§ 701. Taxes on real and personal property
Taxes on real and personal property shall be paid in three equal payments, one-third
due and payable on or before August 15, one-third due and payable on or before November
15, and one-third due and payable on or before March 15 of each fiscal year.
§ 702. Penalty; interest; Treasurer’s powers
(a) Penalty. Any installment not paid by the due dates established in section 701 of this charter
shall be delinquent and there shall immediately be added to the amount due a penalty
charge for late payment equivalent to five percent of the delinquent installment.
If, after the expiration of 30 days from the due date of each installment the installment
remains unpaid, an additional three percent penalty shall be added to the amount due.
All such charges, fees, interest, and other additional amounts shall be cumulative
and accrue at the times and in the manner herein specified.
(b) Interest. An additional interest charge in the amount of one percent of the unpaid tax per month
or fraction thereof shall be added to any tax not paid on or before the dates specified
in section 701 of this charter for the first three months and thereafter one and one-half
percent per month or fraction thereof, from the due date of such tax. Until such time
as said tax is paid in full, such interest shall be imposed on a fraction of a month
as if it were an entire month.
(c) Treasurer’s powers. The Treasurer shall have all the powers that treasurers of towns have under the general
law of the State, including the power to bring actions of law, conduct tax sales,
and bring petitions for foreclosure of tax liens. Such acts shall be done in the name
of the Town of Colchester and in the manner provided in general law, except as modified
by any provision of this charter. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 703. Local sales, rooms, and meals and alcohol beverages tax
(a) Upon resolution of the Selectboard, or upon receipt of a petition submitted by five
percent of the registered voters of the Town, at an annual or special meeting warned
for the purpose by a majority of those present and voting, the voters of the Town
may vote to assess any or all of the following:
(1) a one percent sales tax;
(2) a one percent rooms tax; and
(3) a one percent meals and alcoholic beverage tax.
(b) A tax imposed under the authority of this section shall be collected and administered
and may be rescinded as provided by the general laws of the State.
(c) Revenues received through the imposition of a tax imposed under this section shall
be used for expenses or financing of voter-approved capital projects within the Town
and voter-approved intermunicipal financial support related thereto. (Added 2015, No. M-10, § 2, eff. May 26, 2015.)
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Subchapter 008: PERSONNEL
§ 801. Appointment and removal
(a) All Town employees, including the Zoning Administrator, not elected by the voters
shall be appointed, supervised, and removed by the Town Manager unless otherwise specified
in this charter. There shall be no discrimination in employment on account of race,
religion, or political opinions. Appointments, layoffs, suspensions, promotions, demotions,
and removals shall be made solely on the basis of training, experience, fitness, and
performance of duties of the individual in such manner as to ensure that the responsible
administrative officer may secure efficient service.
(b) Each employee shall have a three to 12 month period of probation, as specified in
the personnel rules and regulations as established under section 802 of this charter,
during which time he or she may be freely discharged. After this period(s), he or
she must be notified in writing of his or her suspension, demotion, layoff, or removal
and of the reason for such action. Within 10 days of such notice(s), he or she may
request a public or executive hearing before the Selectboard that must hold such hearing
not less than 10 days or more than 20 days after such request. The Selectboard may
support the action of the Town Manager or may modify it. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 802. Personnel rules and regulations
(a) The Town Manager or the Town Manager’s appointee shall be the Personnel Director.
The Town Manager shall prepare personnel rules and regulations protecting the interest
of the Town and of the employees. These rules and regulations must be approved by
the Selectboard and shall include the procedure for amending them and for placing
them into practice. Each employee shall receive a copy of these rules and regulations
upon being hired.
(b) The rules and regulations may deal with the following subjects or with other similar
matters of personnel administration: job classification, jobs to be filled, tenure,
retirement, pensions, leaves of absence, vacation, holidays, hours and days of work,
group insurance, salary plans, rules governing hiring, temporary appointment, layoff,
reinstatement, promotion, transfer, demotion, settlement of disputes, dismissal, suspension,
probationary periods, permanent or continuing status, in-service training, injury,
employee records, and further regulation concerning the hearing of appeals. (Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.)
§ 803. Prohibitions
No person in the service of the Town may either directly or indirectly give, render,
pay, or receive any service or other valuable thing for or on account of or in connection
with any appointment, proposed appointment, promotion, or proposed promotion.