The Vermont Statutes Online
- Subchapter 001: CHARTER ENACTMENT
§ 247-101. [Transitional provisions relating to adoption and amending of the charter, the preservation of copies, and the applicability of State statutes relating to municipalities.]
- Subchapter 002: CORPORATE EXISTENCE AND BOUNDARIES
§ 247-201. Corporate existence of the Village
All those persons residing in that part of the Town of Newbury lying within the corporate limits of School District #3 and School District #4 in the Town of Newbury as said districts existed and were bounded on March 31, 1893, shall continue to be a municipal corporation by the name of Newbury Village and by that name have perpetual succession and be capable of suing and being sued and have a common seal and alter the same at pleasure.
The corporation shall be capable of purchasing, holding, and conveying real and personal estate for the use of the corporation. The corporation shall have the power to own and operate any public utility, to construct and install all facilities that are reasonably needed, and to lease or purchase any existing utility properties used or useful for public service. The Village may also furnish service to adjacent and nearby territories that may be conveniently and economically served by a municipally owned and operated utility.
- Subchapter 003: TAXATION
§ 247-301. Imposition of tax
At a meeting legally warned for that purpose, the Village may vote a tax upon the taxable estate within the corporate limits for the lawful purposes of the corporation.
§ 247-302. Grand list
The grand list of the Town of Newbury, within the Village corporate limits, shall be the grand list of the Village. The trustees shall make out and deliver to the Treasurer a tax bill, with a warrant for its collection. The Treasurer shall compile a tax roll from the Town of Newbury grand list for those areas of the Town lying within the Village's corporate limits.
- Subchapter 004: OFFICERS
§ 247-401. Election of officers
The officers of the corporation shall consist of a Moderator, three trustees, a Clerk, a Treasurer, and three auditors. The officers shall be elected at the annual meeting of the corporation for the term of one year and until their successors are elected, except that trustees shall hold office for three years. One trustee shall be elected at each annual meeting. (Amended 2007, No. M-6.)
§ 247-402. Incompatible officers
The provisions of 17 V.S.A. § 2647, or any amendments thereto, relating to incompatible offices shall apply to the persons holding Village offices.
§ 247-403. Vacancy
When a vacancy occurs in any Village office, the trustees forthwith, by appointment in writing, shall fill such vacancy until an election is had; except that in the event of more than one vacancy on the Board of Trustees at the same time, such vacancies shall be filled by a special Village meeting called for that purpose. Any appointment shall be filed by the trustees in the office of the Clerk and duly recorded by the Clerk in the book of Village records.
A person appointed to a vacant office shall serve until the next annual meeting. A person elected to fill a vacant office at either a special or annual meeting shall serve for the unexpired term of his or her predecessor.
§ 247-404. Compensation of Village officers
The Village may vote to compensate any or all Village officers for their official services. The Village at its annual meeting may fix the compensation of such officers and of Village employees.
Claims for personal services, except where compensation is fixed by law or by vote of the Village, shall not be allowed to a Village officer, but the Auditor shall report claims and the nature and extent of the services at an annual or special meeting.
- Subchapter 005: BOARD OF TRUSTEES
§ 247-501. Powers and duties of the Board
The members of the Board of Trustees shall constitute the legislative body of the Village of Newbury for all purposes required by statute and, except as otherwise specifically provided, shall have all powers and authority given to, and perform all duties required of incorporated villages or boards of trustees under the laws of the State of Vermont.
The Board of Trustees shall have the general care and management of the prudential interests and affairs of said corporation, shall direct the expenditure of all monies belonging to said corporation, draw orders upon the Treasurer, and generally perform all the duties legally enjoined upon them by said corporation, and shall submit their accounts and vouchers to the Auditor at least 20 days before the annual meeting.
Trustees shall prepare a budget for the oncoming year and hold a public hearing on it at least 10 days before the annual meeting. Notice of such hearing shall be posted in four public places not less than five days before the date set for the hearing.
The trustees shall have power to abate taxes laid and assessed by virtue of this charter for the same causes and subject to the same limitation as boards of civil authority have in the matter of town taxes.
The trustees may by resolution create, change, and abolish boards and commissions as in their judgment are required or necessary and convenient to, or as are now or hereinafter provided by law, and may grant to them such power and duties as are consistent with the provisions of this charter. The trustees shall be ex officio members of all boards and commissions.
All powers vested in said trustees shall be exercised by a majority of them.
Forthwith after an election and qualification, the trustees shall organize and elect a Chair and shall file a certificate of such election for record in the office of the Village Clerk.
§ 247-502. Meeting of the Board
As soon as possible after an election of a Chair, the Board of Trustees shall fix the time and place of its regular meetings and such meetings shall be held at least once a month. The Clerk shall attend all meetings of the Board of Trustees and shall keep minutes of the meetings on file. The Board shall determine its own rules and order of business.
If the minutes of the regularly scheduled meetings of the Board of Trustees show that a member has not attended 50 percent of its meetings during a fiscal year the Clerk shall declare the office vacant, and the trustees shall call a special meeting forthwith, duly warned for the purpose of electing a replacement to serve the unexpired term.
All meetings of the Board of Trustees shall be open to the public, unless by an affirmative vote of the majority present, the Board shall vote that any particular session shall be an executive session in accordance with 1 V.S.A. § 313, or any amendments thereto.
§ 247-503. Compensation of the Board
Compensation paid to trustees, if any, shall be set by the voters of the Village at an annual meeting. Trustee compensation must be set forth as a separate item in the annual budget prepared by the trustees.
- Subchapter 006: OFFICERS
§ 247-601. Bonds of officers
The Clerk and Treasurer shall each give a bond to the corporation conditioned for the faithful performance of their duties in such sums and with such sureties as the trustees may prescribe. If a Treasurer does not give such bond within 10 days after his or her election or appointment the office shall be vacant.
§ 247-602. Auditor
The elected auditors shall compile and prepare a report of their examination of the accounts and vouchers of the officers of the corporation, which report shall be printed each year in the annual report of the Village of Newbury. (Amended 2007, No. M-6.)
§ 247-603. Treasurer
The Treasurer shall perform the duties required by State statute or provided by this charter. The Treasurer shall: (1) Promptly deposit funds coming into his or her hands in such depositories as may be designated by the trustees. (2) Invest funds as directed by trustees, in savings accounts or certificate of deposit. (3) Keep such books and accounts as may be required by the trustees. (4) Make deposits monthly or at such other times as may be required by the trustees, showing the state of the corporation's finances and perform such other duties with respect to the Village finances as the trustees may require.
The Treasurer shall have and exercise the same powers and duties with respect to the Village that treasurers have and exercise with respect to towns.
§ 247-604. Clerk
The Clerk shall keep an official record of the proceedings of the Board of Trustees. Such records shall be kept in the office of the Village Clerk and shall be open for public inspection. The Clerk shall keep official record of the proceedings of all special and annual village meetings.
The minutes of each meeting shall be approved by the Board at its next meeting and the official copy authenticated by the signature of the Clerk. The Clerk shall keep two copies of annual reports on file in the office of the Clerk and be responsible for depositing two copies in the Tenney Memorial Library.
The Clerk shall have and exercise the same powers and duties with respect to the Village that clerks have and exercise with respect to towns.
§ 247-605. Moderator
The Moderator shall be the presiding officer of Village meetings, shall decide questions of order, and make public declarations of votes passed. When a vote declared is immediately questioned by seven voters present, the Moderator shall poll the voters or divide the meeting, unless the Village has provided some other procedure in such cases.
The Moderator shall have and exercise the same powers and duties with respect to the Village that moderators have and exercise with respect to towns.
- Subchapter 007: VILLAGE MEETINGS
§ 247-701. Annual Village meetings
The annual meeting of said corporation for the election of officers and transaction of any other business specified in the warning of said meeting shall be held within the corporate limits on the fourth Tuesday of May of each year and shall be called by the Clerk, or in case of the Clerk's neglect, by the trustees by publishing and posting a warning therefor in at least four public places within the corporate limits not less than 10 days or more than 20 days before the time set for such annual meeting.
§ 247-702. Special Village meetings
Special meetings may at any time be called by the trustees for the transaction of any business specified in the warning of said meeting. The trustees shall call a special meeting upon written application and petition of not less than five percent of the qualified voters of said corporation stating the purpose for which they wish it called. When the office of any one or more of the trustees is vacant, the remaining trustees may call meetings. When there is no trustee who may call meetings, they may be called by the Clerk.
§ 247-703. Confirmation of Appropriations
Whenever a proposal calling for an appropriation in excess of $1,000.00 is made at either an annual or a special meeting, a quorum of 15 percent of the legal voters of the Village shall be confirmed by the Moderator before such proposal can be discussed and/or acted upon in the meeting.
- Subchapter 008: VOTERS
§ 247-801. Voters
All persons qualified to vote in a Town meeting of the Town of Newbury residing within the corporate limits, hereinbefore described, shall be legal voters of the said corporation.
- Subchapter 009: FISCAL YEAR
§ 247-901. Fiscal Year
The fiscal year shall commence on the first day of May and close on the last day of April, unless the Village, at its annual meeting shall determine otherwise. If the Village votes another fiscal year, it shall specify the procedure for transition, including the method for financing the transition.
- Subchapter 010: BYLAWS, REGULATIONS, AND ORDINANCES
§ 247-1001. Adoption authority
The Village shall have all the powers granted to villages and other municipal corporations by the Constitution and laws of this State. It may enact ordinances, bylaws, and regulations and impose penalties for the violation thereof. Without limiting the generality of the foregoing, the Village may enact such bylaws and regulations as are expedient, not inconsistent with law particularly such as relate to streets, sidewalks, lanes, commons, shade and ornamental trees and lights thereon, slaughterhouses and nuisances, police protection, restraint of animals, erection and regulation of buildings and hay scales, the preservation of buildings, with the right of directing alterations in stoves, fireplaces, and causes from which danger from fire may be apprehended, fire engines and other apparatus necessary for the extinguishment of fire, establishment and regulation of fire companies, and to the manufacture and safekeeping of ashes, explosives, and combustibles.
§ 247-1002. Imposition of fines
The fine for the breach of Village bylaws and the procedure for the convenience of same shall be in accordance with 24 V.S.A. § 1311 or any amendments thereto.
- Subchapter 011: REGULATORY POWERS
§ 247-1101. Regulatory powers
For the purpose of promoting the public health, safety, welfare, and convenience, the Village shall have those powers enumerated under 24 V.S.A. § 2291 or any amendments thereto.
- Subchapter 012: PUBLIC SAFETY
§ 247-1201. Fire department
The Village shall have all the rights, powers, and privileges relative to the establishment, maintenance, and operation of a fire department as set forth in 24 V.S.A. chapter 57 or any amendments thereto.
§ 247-1202. Police department
The trustees shall have the same powers with regard to the establishment of a police department and appointment of police officers, including temporary police officers, as set forth under the provisions of 24 V.S.A. chapter 55 or any amendments thereto.
- Subchapter 013: PUBLIC FACILITIES
§ 247-1301. Lighting
Said corporation is hereby authorized and empowered under any vote had for that purpose at a meeting duly warned and held, to provide for suitable lighting of the streets and public buildings and ground within its corporate limits and to contract with any individual, corporation or entity for such purposes.
§ 247-1302. Parks and commons
Said corporation shall provide for the planting and preservation of shade and other trees, lay out, grade, fence, and otherwise improve all public parks and commons.
§ 247-1303. Water commissioners and water works
(a) The Village shall have three water commissioners who may be elected by ballot if the Village has so ordered; otherwise they shall be appointed by the trustees. Of those commissioners first elected or appointed, one shall have a term of one year, one a term of two years, and one a term of three years.
(b) The trustees may remove from office a commissioner appointed by them for just cause after due notice and hearing. The trustees may appoint members of their own Board to serve as water commissioners. The Village shall have such powers, and the commissioners shall have such duties, with reference to any waterworks that are in existence or established as set forth in 24 V.S.A. chapter 89, or any amendments thereto.
(c) Without limiting the generality of subsections (a) and (b) of this section, commissioners shall have the supervision of the Municipal Water Department and shall make and establish all needful water rates, rules, and regulations for its control and operation.
(d) The water commissioners shall hire a person to superintend the physical operation of the water system, provide him or her with written guidelines of the Superintendent's duties, and this Superintendent shall be responsible for the proper and efficient maintenance of the system in accordance with the guidelines.
(e) The Superintendent shall report once each month to the water commissioners and once each year shall make a written report to them. The written report shall be included in the water commissioners annual report to the Village.
(f) The books and bank accounts of the water system shall be kept separate from the other books and accounts of the Village. The rents and receipts for the use of municipal water shall only be used and applied to pay the interest upon the Water Department bonds, the expense of repairs, improvements, and management of the Water Department, and in payment of the Municipal Water Department bonds. The money received from the operation of the Municipal Water Department shall not be used for any other purposes until all bonds, notes, or other certificates of indebtedness have been paid.
(g) Any improvements to the system costing more than $7,000.00 shall require the approval of a majority of the legally qualified voters of the Village present and voting, at either an annual or special meeting called for that purpose.
(h) From the income of the system an emergency fund, not to exceed $10,000.00, may be created by the water commissioners. Emergency funds shall be expended only in case of an emergency and the nature of the emergency recorded by the Clerk as declared by the water commissioners.
(i) Any extension of the main lines of the system as the lines exist on the effective day of this charter shall require a two-thirds vote of the qualified voters, present and voting, of the Village of Newbury at either an annual or special meeting called for that purpose. (Amended 2007, No. M-6.)
- Subchapter 014: VILLAGE INDEBTEDNESS
§ 247-1401. Incursion of debt
The Village shall not incur an indebtedness for public improvements which, with its previously contracted indebtedness, shall, in the aggregate exceed 10 times the amount of the last grand list of the corporation or the amounts authorized by the provisions of 24 V.S.A. chapter 53, subchapter 1 or any amendments thereto.
Debt may be incurred and bonds issued pursuant to the provisions of the above noted subchapter, or any amendments thereto, for any improvements, but no bonds shall be issued for the purpose of providing funds for ordinary expenses of the Village, except as otherwise provided by the provisions of this charter or of the laws applicable to municipal corporations.
§ 247-1402. Improvements for which debt may be issued
An improvement shall include, apart from its ordinary meaning, the acquiring of land for municipal purposes, the construction of, extension of, additions to, or remodeling of buildings or other improvements thereto, also furnishings, equipment, or apparatus to be used for or in connection with any existing or new improvements, work, department, or other corporate purposes.
§ 247-1403. Level of debt
In determining the amount of municipal indebtedness permitted, obligations created for current expenses, for a water supply or for electric lights, and temporary loans created in anticipation of the collection of taxes and necessary for meeting current expenses shall not be taken into account. Sinking funds and other monies set aside for the sole purpose of paying outstanding bonds shall be deducted.
§ 247-1404. Temporary debt
Temporary loans may be made and temporary notes issued in anticipation of money to be derived from the sale of bonds pursuant to the provisions of the above noted subchapter, or any amendments thereto.
§ 247-1405. Revenue anticipation notes
Pending the receipt of revenue in the form of grants in aid from any source, the trustees may, by resolution or ordinance, issue revenue anticipation notes in anticipation of the grants in aid to be received pursuant to the provisions of the above noted subchapter, or any amendments thereto.
§ 247-1406. Public utility financing
The Village may, by action of the Board of Trustees, in lieu of the issuance of bonds of levy of taxes and in addition to any other lawful means or methods of providing for the payment of indebtedness, have the power by and through the Board of Trustees to provide for and secure the payment of all or a part of the cost of any public utility pursuant to the provisions of 24 V.S.A. chapter 53, subchapter 2, or as hereafter amended.
- Subchapter 015: SEWAGE SYSTEM
§ 247-1501. Construction and operation of sewage system
The corporation may construct, maintain, operate, and repair a sewage system and take, purchase, and acquire, in the manner hereinafter mentioned, real estate and easements necessary for its purposes, and enter in and upon any land for the purpose of making surveys, and lay pipes and sewers and connect the same as may be necessary to convey sewage and other waters to an outfall or treatment plant.
§ 247-1502. Board of Sewage Disposal
The trustees of the Village shall constitute a Board of Sewage Disposal System commissioners and they shall have such duties and the Village shall have such powers with reference to any sewage system that may be established as set forth in 24 V.S.A. chapters 97 and 101 or any amendments thereto.
- Subchapter 016: EFFECT OF CHARTER
§ 247-1601. Effect of charter
Nothing herein contained, except as specifically provided, shall affect or impair the rights or privileges of officers of the Village existing at the time the charter takes effect.
All persons holding offices at the time this charter takes effect shall continue in office and in the performance of their duties until provision has been made in accordance with the charter for the continued performance or discontinuance of such duties.
The powers conferred and the duties imposed on any office shall, if such office is abolished by this charter, or under its authority, be thereafter exercised by the office designated in the charter.
All boards and commissions heretofore existing shall continue and shall exercise such powers and duties as were granted therein until such boards or commissions are changed or abolished as provided in this charter.
All records, property, and equipment whatsoever of any office, the power and duties of which are reassigned, shall be transferred and delivered to the office to which such powers and duties are so reassigned.
All contracts entered into by the Village prior to the effective date of this charter shall continue in full force and effect.
The adoption of this charter shall not abate or otherwise affect any action or proceeding, civil or criminal, pending when it takes full effect, brought by or against the Village or any office or officer thereof.
All ordinances, resolutions, and regulations of the Village in force at the time of the effective date of this charter, and not inconsistent with the provisions thereof, are hereby continued in force until the same are duly amended or repealed.
This charter or any part or article or section thereof, may be amended in the manner provided by the laws of the State of Vermont.
- Subchapter 017: REPEAL OF PREVIOUS ACTS
§ 247-1701. Repeal of previous acts
Those provisions of the charter as amended heretofore existing which are inconsistent with this revised charter shall be supplanted and governed by the provisions of this charter except that this revision shall not be construed to constrict or diminish any right, powers, and privileges previously granted under the terms of the heretofore existing charter.
- Subchapter 018: EFFECTIVE DATE
§ 247-1801. Effective date. [Transitional]