The Vermont Statutes Online

Title 24 Appendix: Municipal Charters

Chapter 403: Central Vermont Solid Waste Management District

• Subchapter 001: CREATION AND POWERS

• § 1. Creation

  There is created a union municipal district that shall be known as the Central Vermont Solid Waste Management District (the District) and that shall be a body politic and corporate.

• § 2. Purpose

  The District is created and shall exist for the purpose of providing for the efficient, economical, and environmentally sound resource recovery, waste reduction, recycling, or disposal of solid waste generated by member municipalities and their residents. (Amended 2017, No. M-1, § 1.)

• § 3. Composition

  The District is composed of and includes all of the lands and residents within those municipalities that vote to approve this chapter at the time of its creation, and such other municipalities as are subsequently admitted to the District as provided in this chapter, except for those municipalities that may withdraw as provided in this chapter.

• § 4. Duration

  The District shall continue as a body politic and corporate unless and until dissolved according to the procedures set forth in this chapter.

• § 5. Powers

  Except as otherwise provided or limited in this chapter, the District shall have the following powers:

  (1) Except as provided in section 6 of this chapter, to operate, cause to be operated, or contract, or any combination of these, for the operation of any and all facilities for the collection, transportation, resource recovery, recycling, and disposal of solid waste, and to determine and make proper charges for such services.

  (2) To purchase, sell, lease, own, acquire, convey, mortgage, improve, and use real and personal property in connection with the purpose of the District.

  (3) To hire and fix the compensation of employees.

  (4) To sue and be sued.

  (5) To enter into contracts for any term or duration.

  (6) To contract with architects, engineers, financial and legal consultants, and other experts for services.

  (7) To contract with individuals, corporations, associations, authorities, and agencies for services.

  (8) To provide solid waste management, resource recovery, or solid waste disposal services for the member municipalities, its inhabitants, and its businesses, and for others as its facilities and obligations may allow.

  (9) To contract to pay for solid waste disposal services on the basis of guaranteed amounts, whether delivered for disposal and accepted for disposal or not, of solid waste, with payments based on guaranteed amounts, whether actually disposed of or not, which payments may be variable and may be determined by formulae expressed in such contracts.

  (10) To contract with the State of Vermont, the United States of America, or any subdivision or agency for services.

  (11) To contract with any member municipality for the services of any officers or employees of that municipality useful to it.

  (12) To promote cooperative arrangements and coordinated action among its member municipalities.

  (13) To make recommendations for review and action to its member municipalities and other public agencies that perform functions within the region in which its member municipalities are located.

  (14) To exercise any other powers that are necessary or desirable for dealing with resource recovery or solid waste problems of mutual concern, and that are exercised or are capable of exercise by any of its member municipalities.

  (15) To exercise the power of eminent domain upon the approval of a majority of the legislative bodies of the member municipalities.

  (16) To borrow money and issue evidence of indebtedness as provided by 24 V.S.A. chapter 53 or other provisions of law authorizing general obligations or revenue debt, including 10 V.S.A. chapter 12 and 24 V.S.A. chapter 119.

  (17) To establish a budget and assess member municipalities in accordance therewith.

  (18) To levy assessments, surcharges, and other fees consistent with legislative authority.

  (19) To appropriate and expend monies.

  (20) To establish sinking funds for the retirement of bonded or other indebtedness.

  (21) To establish capital reserve funds for public improvements in furtherance of its purposes.

  (22) Subject to such limitations as may be imposed by law, to regulate the collection, transportation, resource recovery, recycling, and disposal of solid waste generated within or without the District.

  (23) To enact and enforce any and all necessary or desirable regulations for the orderly conduct of the government and for carrying out the purpose of the District.

  (24) To accept and administer gifts, grants, and bequests in trust or otherwise for the purpose of the District.

  (25) To exercise all powers incident to a public corporation.

  (26) To grant nonexclusive franchises or establish collection districts for the purposes of the collection of recyclable materials, composting, resource recovery, or disposal of solid waste. (Amended 2017, No. M-1, § 1.)

• § 5a. Sovereign immunity

  The District shall have the benefit of sovereign immunity to the same extent that the State of Vermont does. The District shall provide liability and other insurance for itself and the members of the Board of Supervisors. The District shall hold harmless and indemnify all members of the Board of Supervisors from all claims of every kind and nature arising out of or connected with duties as supervisors, excepting only willful negligence and criminal conduct. (Added 2017, No. M-1, § 1.)

• § 6. Transportation and collection site

  Each member municipality, either directly or through independent parties, may provide one or more collection sites for the solid waste or recoverable materials generated within the member municipality and for the transportation of solid waste or recoverable materials to the District facility, together with all costs incident thereto. In the event that any member municipality does not wish to institute its own collection system for delivery of the solid waste to the facility designated by the District, then the Board of Supervisors may provide for collection and transportation as provided in subdivision 5(1) of this chapter. (Amended 2017, No. M-1, § 1.)

• § 7. Responsibility to accept solid waste

  (a) The District becomes responsible for providing a system for resource recovery, as delineated in subsection (b) of this section, when the Board of Supervisors declares the disposal system operational.

  (b) The District may provide a system for resource recovery and disposal of all solid waste generated by residential and commercial activities, tires, and metal goods generated within the member municipalities. The District may provide for the disposal of solid waste from industrial activities within a member municipality. The District may provide for the disposal of biosolids through contract with a member municipality. The District may provide for the resource recovery or disposal of any or all demolition and construction waste or yard wastes, or both, from any member municipality. (Amended 2017, No. M-1, § 1.)

• Subchapter 002: BOARD OF SUPERVISORS

• § 8. Authority

  The legislative power and authority of the District and the administration and the general supervision of all fiscal, prudential, and governmental affairs shall be vested in a governing body known as the Board of Supervisors, except as specifically provided otherwise in this chapter. The Board of Supervisors may appoint and employ a General Manager and other personnel as it deems necessary for the conduct of business of the District. The General Manager oversees all aspects of the District, in accordance with the Central Vermont Solid Waste Management District’s mission statement. The General Manager shall be responsible to the Board for the administration of the District and for carrying out the policies of the Central Vermont Solid Waste Management District. The powers and duties of the General Manager shall be specified by the Board of Supervisors. (Amended 2017, No. M-1, § 1.)

• § 9. Composition

  The Board of Supervisors shall be composed of one representative from each member municipality.

• § 10. Appointment

  Annually, on or before the last Monday in March, the legislative branch of each member municipality shall appoint its representative to the Board of Supervisors. Appointments shall be in writing, signed by the chair of the legislative branch, and presented to the Clerk of the District. The legislative branch, by majority vote, may remove its approved representative during the one-year term for stated reasons. In addition, each legislative body is encouraged to appoint an alternative representative to the Board of Supervisors who shall act as the appointed representative during his or her absence. The clerk of the member municipality shall certify to the Clerk of the District the name of the persons appointed as representative and alternate. (Amended 2017, No. M-1, § 1.)

• § 11. Organizational meeting

  Annually, on the first Wednesday in April, the Board of Supervisors shall hold its organizational meeting. At such meeting, the Board of Supervisors shall elect from among its membership a Chair and a Vice Chair, each of whom shall hold office for one year and until a successor is duly elected and qualified. For this election, each member of the Board of Supervisors present shall cast one vote.

• § 12. Regular meetings

  A schedule of regular meetings of the Board of Supervisors shall be established at the organizational meeting.

• § 13. Special meetings

  Special meetings of the Board of Supervisors may be called at any time by the Chair or may be called by the Clerk. Except in case of emergency, each member of the Board of Supervisors shall be given at least 24 hours’ notice of any special meeting of the Board of Supervisors by notice in person, by telephone, or by written notice delivered personally, mailed, e-mailed, or left at a member’s usual place of residence. (Amended 2017, No. M-1, § 1.)

• § 14. Quorum

  For the purpose of transacting business, the presence of members whose accumulated votes represent more than 50 percent of the total number of accumulated votes of all members who have at that time appointed representatives to the Board of Supervisors and the presence of more than 50 percent of the membership of the Board of Supervisors shall constitute a quorum. However, a smaller number may adjourn to another date. Any action adopted by a majority of the votes cast at a meeting of the Board of Supervisors at which a quorum is present shall be the action of the Board of Supervisors, except as otherwise provided in this chapter. (Amended 2017, No. M-1, § 1.)

• § 15. Voting

  (a) Except as otherwise provided in this chapter, each member of the Board of Supervisors shall be entitled to cast one vote for every 1,000 population, or part thereof, in the municipality that the Supervisor represents; provided, however, no member municipality or supervisor shall be entitled to more than 20 votes, regardless of the population of the municipality. A member of the Board of Supervisors may not split its votes. The determinations of population shall be made based upon the latest census provided by the Vermont Department of Health.

  (b) The vote of the Board of Supervisors approving the siting of any solid waste disposal facility, including a landfill, incinerator, gasifier, plasma arc conversion facility, or a facility using similar technologies that rely on extremely high temperature heating of high carbon feedstocks, any other similar facility that poses a potential for risk to the environment or the public; or a biosolids facility shall require an affirmative recorded vote of the supervisor representing the town or city in which such facility is to be located, in addition to approval by two-thirds vote of the entire Board of Supervisors.

  (c) The vote of the Board of Supervisors approving the siting of a resource recovery facility, including a recycling, transfer, or composting facility shall require an affirmative recorded vote of the supervisor representing the town or city in which the facility is to be located, in addition to approval by two-thirds vote of the entire Board of Supervisors.

  (d) The District may not enter into any contract with nonmember municipalities or private entities for the management of solid waste generated outside the boundaries of the District, unless the contract is deemed to be in the best interests of the District, and approved by a two-thirds majority of the Board of Supervisors. (Amended 2017, No. M-1, § 1.)

• § 16. Term

  All representatives to the Board of Supervisors shall hold office for one year and until their successors are duly appointed and qualified. Any representative may be reappointed to successive terms without limit.

• § 17. Vacancy

  Any vacancy on the Board of Supervisors shall be filled within 30 days after such vacancy occurs by appointment by the authority that appointed the representative whose position has become vacant. An appointee to a vacancy shall serve until the expiration of the term of the representative to whose position the appointment was made and may thereafter be reappointed.

• § 18. Rules of procedures

  Except as otherwise provided in this chapter, Roberts Rules of Order, as amended, shall govern at all meetings. The Board of Supervisors may adopt ordinances relating to the District, its powers, and other related subjects pursuant to the procedures of 24 V.S.A chapter 59. (Amended 2017, No. M-1, § 1.)

• § 19. Compensation of members of Board of Supervisors

  Each member municipality may pay to its representatives to the Board of Supervisors such reimbursement of expenses as it may determine reasonable. (Amended 2017, No. M-1, § 1.)

• Subchapter 003: OFFICERS

• § 20. Officers

  The officers of the District shall be the Chair and the Vice Chair of the Board of Supervisors, the Clerk to the District, and the Treasurer of the District.

• § 21. Bond

  Prior to assuming their offices, all officers shall post bond in such amounts as shall be determined by resolution of the Board of Supervisors. The cost of such bond shall be borne by the District.

• § 22. Chair

  The Chair of the Board of Supervisors shall be the chief executive officer of the District. The Chair shall preside at all meetings of the Board of Supervisors and shall authorize all contracts on behalf of the District upon approval by the Board of Supervisors. The Chair shall perform all of the duties incident to the position and office.

• § 23. Vice Chair

  During the absence of or inability of the Chair to render or perform his or her duties or exercise his or her powers, the same shall be performed and exercised by the Vice Chair and when so acting the Vice Chair shall have all the powers and be subject to all the responsibilities hereby given to or imposed upon the Chair.

• § 24. Vacancy

  During the absence or inability of the Vice Chairperson to render or perform his or her duties or exercise his or her powers, the Board of Supervisors shall elect from among its membership an acting Vice Chairperson who shall have the powers and be subject to all the responsibilities hereby given or imposed upon the Vice Chairperson.

• § 25. Clerk

  The Clerk of the District shall be appointed by the Board of Supervisors, and shall serve at the pleasure of the Board of Supervisors. The Clerk shall have the exclusive charge and custody of the public records of the District and the Seal of the District. The Clerk shall record all votes and proceedings of the District, including meetings of the District and meetings of the Board of Supervisors, and shall cause to be posted and published all warnings of meetings of the District. The Clerk shall prepare all warnings of meetings of the District as required by section 46 of this chapter. Following approval of the Board of Supervisors, the Clerk shall cause the annual report to be distributed to the legislative branches of its member municipalities. The Clerk shall prepare and distribute any other reports required by laws of the State of Vermont and resolutions or regulations of the Board of Supervisors. The Clerk shall perform all of the duties and functions incident to the office of secretary or clerk of a body corporate. The Clerk, with the approval of the Board of Supervisors, may appoint an Assistant Clerk. (Amended 2017, No. M-1, § 1.)

• § 26. Treasurer

  The Treasurer of the District shall be appointed by the Board of Supervisors. The Treasurer, with the approval of the Board of Supervisors, may appoint an Assistant Treasurer. When authorized by the Board of Supervisors, the Treasurer shall sign, make, or endorse in the name of the District all checks and orders for the payment of monies and pay out and disburse the same. The Treasurer shall be a nonvoting member of the Executive Board. (Amended 2017, No. M-1, § 1.)

• § 26a. Grand juror

  The Board of Supervisors may appoint a grand juror who shall inquire into any person’s offenses under the District’s regulations or applicable law and present them to the proper authority. If the Attorney General or a State’s Attorney is unwilling to prosecute the offenses, the grand juror may do so. For these purposes, the grand juror shall have the same authority within the District as a State’s Attorney. The grand juror shall not be a member of the Board of Supervisors. (Added 2017, No. M-1, § 1.)

• § 27. Records

  The conduct of all meetings and public access thereto and the maintaining of all records, books, and accounts of the District shall be governed by the laws of this State relating to open meetings and accessibility of public records.

• § 28. Audit

  The Board of Supervisors shall cause an audit to be performed annually by an independent professional accounting firm or a certified public accountant.

• § 29. Executive Board

  The Board of Supervisors shall have the authority to establish an Executive Board and grant such powers as it may deem necessary.

• § 30. Committees

  The Board of Supervisors shall have the authority to establish any and all committees as it may deem necessary.

• § 31. Compensation of officers

  Officers of the District may be paid such compensation or reimbursement of expenses, or both, as may be determined by the Board of Supervisors. (Amended 2017, No. M-1, § 1.)

• § 32. Recall of officers

  An officer may be removed by a two-thirds vote of the Board of Supervisors whenever, in its judgment, the best interest of the District will be served. For this action, each member of the Board of Supervisors shall cast one vote.

• § 33. Repealed. 2017, No. M-1, § 1.

• § 33a. Delegation to District staff

  If the Board of Supervisors authorizes, the District may delegate duties to the District staff when necessary and appropriate to aid the officers. (Added 2017, No. M-1, § 1.)

• Subchapter 004: FISCAL AFFAIRS

• § 34. Fiscal year

  The fiscal year of the District shall commence on July 1 and end on June 30 of each year.

• § 35. Budget appropriation and assessment

  (a) Proposed Budget. Annually on or before the 15th day of December, the Board of Supervisors shall establish the per capita assessment to be paid by each member municipality for the next succeeding fiscal year and therefor shall approve and cause to be distributed to the legislative branch of each member municipality for review and comment an annual report of activities, including a financial statement, and a proposed budget of the District for the next fiscal year. This proposed budget shall include reasonably detailed estimates of:

  (1) deficits or surpluses, or both, from prior fiscal years;

  (2) anticipated expenditures for the administration of the District;

  (3) anticipated expenditures for the operation and maintenance of any District solid waste facilities;

  (4) costs of debt service;

  (5) payments due on long-term contracts;

  (6) payments due to any sinking funds for the retirement of debts;

  (7) payments due to any capital reserve funds;

  (8) anticipated revenues from sources other than assessments to member municipalities;

  (9) the necessary appropriations to operate and carry out the District’s functions for the next fiscal year;

  (10) the proposed assessment to each member municipality;

  (11) such other estimates as the Board of Supervisors shall deem necessary to propose.

  (b) Budget hearing. The Board of Supervisors shall hold a public hearing on or before the first day of November of each year to receive comments from the legislative bodies of member municipalities and hear all other interested persons regarding the proposed per capita assessment and the proposed budget. Notice of such hearing shall be the same as that specified under section 44 of this chapter. The Board of Supervisors shall give consideration to all comments received and make such changes to the proposed per capita assessment and the proposed budget as it deems advisable.

  (c) Budget adoption, appropriations, and assessment. Annually, on or before May 15, the Board of Supervisors shall adopt the budget, appropriate the sums that it deems necessary to operate and carry out the District’s functions for the next ensuing fiscal year, assess each member municipality for its proportionate share of the sums so appropriated, and adopt a schedule designating when such assessments are due and payable by the member municipalities.

  (d) Apportionment of assessments. Assessments may be apportioned among the member municipalities on the basis of population or relative tonnage or volume of solid waste generated by or within each of the member municipalities. Each member municipality may be assessed a percentage of the sum appropriated equal to the ratio that solid waste generated by the member municipality bears to the total solid waste generated within the District. At the discretion of the Board of Supervisors, population may be used as an indicator of waste generation. The Board of Supervisors may determine each member municipality’s solid waste generation based upon actual tonnage or volume delivered, historic tonnage or volume, computed or estimated tonnage or volume, or guaranteed tonnage or volume, whether actually delivered or not. If, after the first year of operation of any District facility, the Board of Supervisors determines that prior assessments were substantially inequitable, it shall retroactively adjust prior year assessments such that municipalities overcharged are given a proportionate credit against future assessments and municipalities undercharged are assessed a proportionate surcharge payable over such period as the Board of Supervisors determines will be reasonable. Thereafter, the Board of Supervisors may from time to time reestablish the percentage of solid waste generation attributed to each member municipality and adjust the assessments accordingly, but no retroactive adjustments shall be made. Similar estimates and adjustments shall be made for new member municipalities and for the first time use of a new or different disposal facility.

• § 36. Collection

  Annually, on or before January 1, the Treasurer of the District shall issue and present a warrant to the legislative branch of each member municipality requiring the amount of such assessment be paid to the District in accordance with the schedule of payments adopted by the Board of Supervisors. The legislative branch of each member municipality shall draw an order on the municipal treasury for the amount of such assessment, and the municipal treasurer shall pay to the District Treasurer the amount of such order in accordance with the schedule for payments adopted by the Board of Supervisors. If any member municipality shall fail to pay when due any assessment against it by the District, it shall incur the maximum penalty allowed by law, plus interest at the maximum rate allowed by law. Such penalty and interest, together with the amount due, court costs, and reasonable attorney’s fees of the District may be recovered by the District in a civil action under this section, notwithstanding the availability of any other remedy available to the District.

• § 37. Limitations of appropriations

  Actions or resolutions of the Board of Supervisors for the annual appropriations of any year may not cease to be operative at the end of the fiscal year for which they were adopted, except as otherwise provided by the laws of the State of Vermont. Appropriations made by the Board of Supervisors for the various estimates of the budget as defined in subsection 35(a) of this chapter may be expended only for such estimates, but by majority vote of the Board of Supervisors, the budget may be amended from time to time to transfer funds between or among such estimates, except as otherwise limited by this chapter. Any balance left or unencumbered in any such budget estimate, or the amount of any deficit at the end of the fiscal year, may be included in and paid out of the operating budget and appropriations in the next fiscal year. (Amended 2017, No. M-1, § 1.)

• § 38. Indebtedness

  (a) Short-term borrowing. The Board of Supervisors may borrow money through the issuance of notes of the District for the purpose of paying current expenses of the District. Such notes must mature within one year. The Board of Supervisors may also borrow money in anticipation of assessment to each member municipality in an amount not to exceed 90 percent of the amount assessed for that year, and may issue notes of the District, which must mature within one year. The Board of Supervisors may also borrow money in anticipation of grants-in-aid from any source and any revenues other than assessments through the issuance of notes of the District. Such notes must mature within one year, but may be renewed as provided by general law. The Board of Supervisors may also borrow money in anticipation of bond proceeds that have been authorized as provided in this chapter. These notes shall be issued as provided in 24 V.S.A. chapter 53.

  (b) Bonded indebtedness and long-term contracts.

  (1) Submission to voters. On a petition signed by at least five percent of the voters of the District, the proposition of incurring a bonded debt or other indebtedness to pay for public improvements or of authorizing a long-term contract in lieu of incurring indebtedness shall be submitted by the Board of Supervisors to the qualified voters thereof at a special meeting to be held for that purpose. In the alternative, when the Board of Supervisors, at a regular or special meeting of the Board of Supervisors called for such purpose, shall determine by resolution passed by a vote of a majority of members present and voting that the public interest on necessity demands improvements or a long-term contract, and that the costs of the same will be too great to be paid out of the ordinary annual income and revenue, it shall order the submission of the proposition of incurring indebtedness or of authorizing a long-term contract to the qualified voters of the District at a meeting to be held for that purpose. A “long-term contract” means a contract in which the District incurs obligations over a term of more than three years for which the costs are too great to be paid out of the ordinary annual income and revenues of the District, in the judgment of the Board of Supervisors. The term “public improvements” includes improvements as defined in 24 V.S.A. chapter 53, whether or not publicly owned or operated. Bonded debt or other indebtedness may be authorized for any purpose permitted by 24 V.S.A. chapter 53 or 119, and 10 V.S.A. chapter 12, or any other applicable statutes for any purpose for which the District is organized. The Board of Supervisors may not submit to the voters more than twice in the same calendar year the proposition of incurring bonded or other indebtedness to pay for the same or similar public improvement or of entering the same or similar long-term contract.

  (2) Warnings of meeting. The warning calling the special meeting of the District to incur bonded debt or other indebtedness or to authorize a long-term contract shall state the object and purpose for which the indebtedness or long-term contract is proposed to be incurred or authorized, the estimated cost of the improvements or service, the amount of bonds or other evidence of indebtedness proposed to be authorized, a summary of the terms of any contract proposed to be authorized, and means of raising or apportioning costs entailed thereby for debt service or payments under a long-term contract. The warning shall fix the places where and the date on which the meeting shall be held and the hours of opening and closing the polls. The Board of Supervisors, in cooperation with the board of civil authority of each member municipality, shall determine the number and location of polling places; provided, however, there shall be at least one polling place in each member municipality.

  (3) Notice of meeting. The Clerk of the District shall cause notice of such special meeting to be published in a newspaper of known circulation in the District once a week for three consecutive weeks on the same day of the week, the last publication to be not less than five nor more than 10 days before such meeting. Notice of such meeting shall also be posted in at least five public places within each member municipality at least 30 and not more than 40 days before the meeting and be filed with the Clerk of each member municipality and the clerk of the District prior to posting.

  (4) Authorization. When a majority of all the voters present and voting on the question from all the member municipalities at such special meeting vote to authorize the issuance of bonds or other evidence of indebtedness or to authorize a long-term contract, the District shall be authorized to issue the bonds or other evidence of indebtedness as provided in 24 V.S.A. chapter 53 or other applicable statutes, or to enter into the long-term contract. The ballots cast in each member municipality shall be commingled and counted by members of the Board of Supervisors together with the town or city clerk from each member municipality, or the clerk’s designee. Sections 48 (Australian ballot), 49 (qualifications and registration of voters), 50 (conduct of meetings), 51 (reconsideration or rescission of vote), and 52 (validation of District meetings) of this chapter shall apply to any District meeting called to incur long-term debt or to authorize a long-term contract.

  (5) Assessment. The cost of debt service or of payments under a long-term contract shall be included in the annual budget of the District, and shall be allocated among the member municipalities as provided in subsection 35(c) of this chapter unless otherwise provided by applicable law and in the vote authorizing the same. The applicable provision of 24 V.S.A. chapter 53, or other enabling law under which debt is incurred or long-term contracts authorized, shall apply to the issuance of bonds or other evidence of indebtedness by the District, and for that purpose, the District shall be deemed a “municipal corporation,” the Board of Supervisors shall be deemed a “legislative branch,” and the District Treasurer shall be deemed a “municipal treasurer” within the purview of that chapter. Bonds or other evidence of indebtedness and long-term contracts shall be signed by the Treasurer and Chair of the Board of Supervisors of the District.

  (6) Special limitation. The Board of Supervisors shall not submit to the legal voters of the District any proposition to issue bonds or other long-term indebtedness or to authorize a long-term contract less than 18 months after the District has become a body politic and corporate. (Amended 2017, No. M-1, § 1.)

• § 39. Sinking fund

  The Board of Supervisors may establish and provide for a sinking fund, however denominated, for the retirement of bond issue or other debt, or to provide security for its payment. When so established, it may be kept intact and separate from other monies at the disposal of the District, and may be accounted for as a pledged asset for the purpose of retiring or securing such obligations. The cost of payments to any sinking fund may be included in the annual budget of the District. (Amended 2017, No. M-1, § 1.)

• § 40. Capital reserve fund

  The Board of Supervisors shall establish and provide for a capital reserve fund to pay for public improvements, replacement of worn out buildings and equipment, and planned and unplanned major repairs of a disposal facility, in furtherance of the purpose for which the District was created. Any such capital reserve fund shall be kept in a separate account and invested as are other public funds, and shall be expended for such purposes for which established. The cost of payments to any capital reserve fund shall be included in the annual budget of the District.

• § 41. Disposal fees

  The Board of Supervisors may from time to time establish and adjust a disposal fee structure (tipping fee) for the purpose of generating revenues from sources other than assessments to member municipalities, particularly concerning the operation and maintenance of any District solid waste disposal or resource recovery facility, or both.

• Subchapter 005: SPECIAL DISTRICT MEETINGS

• § 42. Special meetings

  The Board of Supervisors may call a special meeting of the District when it deems it necessary or prudent to do so and shall call a special meeting of the District when action by the voters of the District is necessary under this chapter or under any applicable law. In addition, the Board of Supervisors shall call a special meeting of the District if petitioned to do so by not less than five percent of legal voters of the district. The Board of Supervisors may rescind the call of a special meeting called by it but not a special meeting called on application of five percent of the legal voters of the District. The Board of Supervisors shall endeavor to have the time of such special meetings coincide with the time of annual municipal meetings, primary elections, general elections, or similar meetings when the electorate within the member municipalities will be voting on other matters.

• § 43. Places of meetings

  At any special meeting of the District, voters of each member municipality shall cast their ballots at such polling places within the municipality of their residence as shall be determined by the Board of Supervisors of the District in cooperation with the board of civil authority of each member municipality.

• § 44. Public hearings

  Not less than three nor more than 14 days prior to any special meeting called by the Board of Supervisors, at least one public hearing shall be held by the Board of Supervisors at which time the issues under consideration shall be presented and comments received. Public hearings shall be warned by the publishing of a notice in a newspaper of general circulation within the District not more than 25 days and at least 15 days prior to the meeting. (Amended 2017, No. M-1, § 1.)

• § 45. Warnings required

  The Board of Supervisors of the District shall warn a special meeting of the District by filing a notice with the clerk of each member municipality and by posting a notice in at least five public places in each municipality in the District not less than 30 nor more than 40 days before the meeting. In addition, the warning shall be published in a newspaper of general circulation in the District once a week on the same day of the week for three consecutive weeks before the meeting, the last publication to be not less than five nor more than 10 days before the meeting.

• § 46. Signing of warning

  The original warning of any special meeting of the District shall be signed by a number of the Board of Supervisors equal to a majority of the total votes entitled to be cast and shall be filed with the District Clerk before being posted.

• § 47. Warning contents

  The posted notification shall include the date, time, place, and nature of the meeting. It shall, by separate articles, specifically indicate the business to be transacted and the questions to be voted upon. The warning also shall contain any article requested by petition signed by five percent of the voters of the District and filed with the District Clerk not less than 40 days before the date of any District meeting.

• § 48. Australian ballot

  The Australian ballot system shall be used at all special meetings of the District when voting is to take place.

• § 49. Qualifications and registration of voters

  All legal voters of the member municipalities shall be legal voters of the District. The member municipalities shall post and revise checklists in the same manner as for municipal meetings prior to any District meeting at which there will be voting.

• § 50. Conduct of meetings

  At all special meetings of the District, the provisions of 17 V.S.A. chapter 51 regarding election officials (subchapter 1), voting machines (subchapter 3), polling places (subchapter 4), absent voters (subchapter 6), process of voting (subchapter 7), count and return of votes (subchapter 8), recounts and contest of elections (subchapter 9), and jurisdiction of courts (subchapter 10) shall apply except where clearly inapplicable. The District Clerk shall perform the functions assigned to the Secretary of State under chapter 51. The Washington Superior Court shall have jurisdiction over petitions for recounts. Election expenses shall be borne by the District.

• § 51. Reconsideration or rescission of vote

  (a) A question voted on at any special meeting of the District shall not be submitted to the voters for reconsideration or rescission, except at a subsequent special meeting duly warned for that purpose, and called by the Board of Supervisors on its own motion or pursuant to a petition requesting such reconsideration or rescission signed and submitted in accordance with subsection (b) of this section.

  (b) Where a petition signed by not less than five percent of the qualified voters of the District requesting reconsideration or rescission of a question considered or voted on at a previous special meeting is submitted to the Board of Supervisors of the District within 30 days following the date of that meeting, the Board of Supervisors shall provide for a vote by the District in accordance with the petition within 60 days of the submission at a special meeting duly warned for that purpose.

  (c) A vote taken at a special meeting shall remain in effect unless rescinded at a special meeting called and warned in accordance with this section.

  (d) A question voted on shall not be presented for reconsideration or rescission at more than one subsequent meeting except with the approval of the Board of Supervisors.

• § 52. Validation of District meetings

  When any of the requirements as to notice or warning of a special District meeting have been omitted or not complied with, the omission or noncompliance, if the meeting and the business transacted at it is otherwise legal and within the scope of the District powers, may be corrected and legalized by vote at a special meeting of the District called and duly warned for that purpose. The question to be voted upon shall substantially be, “Shall the action taken at the meeting of this District held on (state date) in spite of the fact that (state the error or omission), and any act or action of the District officers or agents pursuant thereto be readopted, ratified, or confirmed?” Errors or omissions in the conduct of an original meeting that are not the result of an unlawful notice or warning or noncompliance within the scope of the warning may be cured by a resolution of the Board of Supervisors of the District by a vote of two-thirds of all the votes entitled to be cast at a regular meeting or a special meeting called for that purpose stating the defect was the result of an oversight, inadvertence, or mistake. When an error or omission of this nature has been thus corrected by resolution, all business within the terms of the action of the qualified voters shall be as valid as if the requirements had been initially complied with upon condition, however, the original action thereby corrected by the Board of Supervisors was in compliance with the legal exercise of its corporate powers.

• § 53. Priority

  When a special meeting of the District is called to act upon a proposition to incur bonded or other indebtedness, the special meeting procedures outlined in subchapter 4 of this chapter shall control over the meeting procedures outlined in this subchapter in the event of conflict.

• Subchapter 006: MISCELLANEOUS

• § 54. Withdrawal of member municipality

  A member municipality may withdraw from the District upon the following terms and conditions:

  (1) Withdrawal prior to the District incurring bonded indebtedness or entering long-term contracts.

  (A) The Board of Supervisors shall not enter into any long-term contract, or call a special meeting on incurring long-term debt for a period of 18 months from the date of establishment of the District.

  (B) No member municipality may withdraw from the District for a period of one year from the date of establishment of the District.

  (C) Prior to the District incurring bonded indebtedness or entering into a long-term contract, a member municipality may vote to withdraw in the same manner as the vote for adoption of this chapter by such member municipality. If a majority of the voters of a member municipality present and voting at a meeting duly warned for that purpose may vote to withdraw from the District, the vote may be certified by the clerk of that municipality and presented to the Board of Supervisors. The membership of the withdrawing municipality shall terminate as soon after the vote to withdraw as the financial obligations of the withdrawing municipality have been paid to the District.

  (2) Withdrawal after the District has incurred bonded indebtedness or entered into long-term contract. After the District has incurred bonded indebtedness or entered into a long-term contract, a member municipality may vote to withdraw in the same manner as the vote for adoption of this chapter by such member municipality. It shall be a condition that the withdrawing municipality shall enter into a written agreement with the District in which the chapter and withdrawing municipality shall be obligated to continue to pay its share of the debt incurred by the District for the remaining bonding term or contract term. In addition, the withdrawing municipality shall obligate itself to pay the cost of redesigning and rebuilding any facility of the District occasioned because of the reduced volume of solid waste. The cost shall be determined by an independent engineering firm hired by the Board of Supervisors. These additional costs shall be paid either in a lump sum or in installments at such times and in such amounts as required by the Board of Supervisors. In addition, in the event there is a resource recovery facility, if the withdrawal of a municipality will reduce the minimum volume of solid waste required to meet the District’s long-term contractual commitments, no withdrawal of a member municipality shall be permitted during the period of such commitments.

  (3) Determination of withdrawal. No withdrawal of a municipality shall become effective or deemed conclusive until such time as there shall be filed by the Clerk of the District in the records of the District a certificate attesting to the satisfaction of every condition set forth in subdivision 54(1)(C) or (2) of this chapter, whichever is applicable, as determined and approved by the Board of Supervisors. (Amended 2017, No. M-1, § 1; 2017, No. 113 (Adj. Sess.), § 164.)

• § 55. Admission of new member municipalities

  The Board of Supervisors may authorize the inclusion of additional member municipalities in the District upon such terms and conditions as it in its sole discretion shall deem to be fair, reasonable, and in the best interests of the District. The legislative branch of any nonmember municipality that desires to be admitted to the District shall make application for admission to the Board of Supervisors of the District. The Board shall determine the effects and impacts that are likely to occur if such municipality is admitted and shall thereafter either grant or deny authority for admission of the petitioning municipality. If the Board grants such authority, it shall also specify any terms and conditions, including financial obligations, upon which such admission is predicated. The petitioning municipality shall thereafter comply with the approval procedures specified in 24 V.S.A. chapter 121. If a majority of the voters of the petitioning municipality present and voting at a meeting of such municipality duly warned for such purpose shall vote to approve this chapter and the terms and conditions for admission, the vote shall be certified by the Clerk of that municipality to the Board of Supervisors. Thereafter, upon satisfactory performance of the terms and conditions of admission, the municipality shall by resolution of the Board of Supervisors become and thereafter be a member municipality of the District.

• § 56. Dissolution of District

  (a) Procedure. If the Board of Supervisors by resolution approved by two-thirds of all the votes entitled to be cast determines that it is in the best interests of the public, the member municipalities, and the District that the District be dissolved, and if the District then has no outstanding debt or obligations under long-term contracts, or will have no such debt or obligation upon completion of the plan of dissolution, it shall prepare a plan of dissolution and thereafter adopt a resolution directing the question of such dissolution and the plan of dissolution be submitted to the voters of the District at a special meeting of the District duly warned for such purpose. If two-thirds of the voters of the District present and voting at such special meeting of the District duly warned for such purpose shall vote to dissolve the District and approve the plan of dissolution, the District shall cease to conduct its affairs except insofar as may be necessary for the winding up thereof. The Board of Supervisors shall immediately cause a notice of the proposed dissolution to be mailed to each known creditor of the District and to the Secretary of State, and shall proceed to collect the assets of the District and apply and distribute them in accordance with the plan of dissolution.

  (b) Plan of dissolution. The plan of dissolution shall:

  (1) identify and value all unencumbered assets of the District;

  (2) identify and value all encumbered assets of the District;

  (3) identify all creditors of the District and the nature or amount of all liabilities and obligations of the District;

  (4) identify all obligations under long-term contracts;

  (5) specify the means by which assets of the District shall be liquidated and all liabilities and obligations of the District shall be paid and discharged, or adequate provision shall be made for the satisfaction thereof;

  (6) specify the amount of monies due from each member municipality, if necessary, to extinguish the liabilities of the District;

  (7) specify the nature and amount of any liabilities or obligations to be assumed and paid by the member municipalities;

  (8) specify the means by which any assets remaining after discharge of all liabilities shall be liquidated if necessary;

  (9) specify that any assets remaining after payment of all liabilities shall be apportioned and distributed among the member municipalities according to the same basic formula used in apportioning the annual assessments of the District.

  (c) Termination. When the plan of dissolution has been implemented, the Board of Supervisors shall adopt a resolution certifying that fact to the member municipalities whereupon this chapter shall be repealed and the District created shall be terminated.

• § 57. Amendment of chapter

  This chapter may be amended by petition of five percent of the voters of the District under the provisions of subchapter 5 of this chapter or by the Board of Supervisors under this section. The Board of Supervisors may, by a majority vote, adopt a resolution stating its intent to amend the chapter. A written copy of the resolution, stating the wording and purpose of the amendment and the date of the meeting scheduled to act on the amendment, shall be delivered, including mail or e-mail, to the legislative branches of each member municipality and mailed, e-mailed, or left at the usual place of residence of each member of the Board of Supervisors by the Clerk of the District at least 10 business days prior to the meeting scheduled to adopt the amendment. The amendment may be adopted by majority vote of the Board of Supervisors at the meeting scheduled to act on the amendment, unless a majority of the legislative branches of the member municipalities request, in writing, that the Board of Supervisors hold a special District meeting to vote on the amendment. If the amendment is adopted by the Board of Supervisors or by the voters of the District, the Clerk of the District, within 10 days after the vote of adoption, shall certify to the Secretary of State each proposal of amendment, showing the facts as to its origin and the procedure followed pursuant to section 51 of this chapter, relating to reconsideration and recession of vote, shall apply to an amendment adopted by a vote of the Board or the voters under this section. The Secretary of State shall then proceed as with municipal charter amendments under 17 V.S.A. § 2645. The amendment shall become effective upon affirmative enactment of the proposal, either as proposed or as amended by the General Assembly. This chapter may be amended from time to time in the manner as provided, but no amendment shall be made that shall substantially impair the rights of the holders of any bonds or other notes or other evidence of indebtedness or substantially affect any obligations under long-term contracts of the District then outstanding or in effect, or the rights of the District to procure the means for payment, continuation, or termination thereof. (Amended 2017, No. M-1, § 1.)

• § 58. Severability

  Should any court of competent jurisdiction judge any term, phrase, clause, sentence, or provision of this chapter to be invalid, illegal, or unenforceable in any respect, such judgment shall not affect the validity, legality, or enforceability of this chapter as a whole or any other part of this chapter.

• § 59. Definitions

  As used in this chapter:

  (1) “Solid waste” shall have the same meaning as set forth in 10 V.S.A. § 6602.

  (2) “Solid waste from residential activities” includes any solid waste generated by a household or apartment, including, food waste, packaging, newspaper, and other paper products, glass, cans, and plastic.

  (3) “Solid waste from commercial activities” shall include any solid waste generated by retail and wholesale establishments, including food waste, corrugated container board, metals, and plastics.

  (4) “Solid waste from industrial activities” includes any solid, semi-solid, or liquid waste generated by an industry as part of the production process. Solid wastes generated by employees and similar in composition to that generated by residential or commercial activities are excluded from this definition.

  (5) “Bio-solids” means solids and semi-solids generated by a wastewater treatment plant. Notwithstanding any provision of this chapter, the District shall have the power to impose and collect a surcharge or special assessment for the collection, storage, and disposal of bio-solids.

  (6) “Tires” means all rubber, belted, and nonbelted vehicle tires.

  (7) “Construction and demolition waste” means, as used in this chapter, waste derived from the construction or the demolition of buildings, roadways, or structures, including clean wood, treated or painted wood, plaster, sheetrock, and roofing paper and shingles, insulation, glass, stone, soil, flooring materials, brick, masonry, mortar, incidental metal, furniture, and mattresses. Construction and demolition waste shall not include asbestos waste, regulated hazardous waste, hazardous waste generated by households, hazardous waste from conditionally exempt generators, or any material banned from landfill disposal under 10 V.S.A. § 6621.

  (8) “Leaf and yard residual” means source separated, compostable untreated vegetative matter, including grass clippings, leaves, kraft paper bags, and brush, which is free from noncompostable materials. It does not include such materials as pre- and postconsumer food residuals, food processing residuals, or soiled paper. Leaf and yard residual does not include leaf and yard materials handled by a resident on-site.

  (9) “Metal goods” means discarded appliances and junk automobiles.

  (10) “Resource recovery” means the systematic diversion of waste, which was intended for disposal, for a specific next use. It is the processing of recyclables to extract or recover materials and resources or to convert to energy. (Amended 2017, No. M-1, § 1.)

• § 60. Consistency with State law

  By ratifying this chapter, the General Assembly does not intend to ratify or authorize actions or procedures that otherwise would be inconsistent with State law, as State law may be amended from time to time.

• § 61. [Transitional provisions related to effective date]