The Vermont Statutes Online

Title 24 : Municipal and County Government

Chapter 091 : Consolidated Water Districts

• § 3343. Organizational meeting

  (a) Within 60 days after the Secretary of State notifies the clerks of the member towns that the requirements of section 3342 of this title have been met, the voters in the consolidated water district shall meet and organize the district. The meeting shall be warned by the chair of the legislative body of each town of the district or by a member designated by his or her respective board to act in the chair’s stead. The warning shall state the day, hour, and place within the district where the meeting will be held and shall be posted in not less than six public places in the district, including at least two public places within each member town, and shall be published three times in a newspaper circulating in the district, the last publication to be at least six days previous to the day of the meeting. The meeting shall be called to order by the clerk of the town in which the meeting is held, at which time a temporary presiding officer and clerk shall be elected from among the qualified voters. At such organizational meeting or an adjournment of the meeting, the district shall elect a moderator and a permanent clerk; shall determine the number of water commissioners constituting the board of water commissioners; and shall elect a board of water commissioners, who shall be the legislative branch, a treasurer, and three auditors. All officers elected at the organizational meeting shall hold office until others are elected and qualified following the first annual meeting. The selectboard of each town may appoint an alternative water commissioner for each commissioner elected from that town, whose duty shall be to serve in place of the elected commissioner if the latter is unable to serve, resigns, or is unable to proceed in office. The total number of water commissioners and the member from each member town may be agreed upon by the several member towns in advance of the organizational meeting. In the absence of such agreement, the number shall be set by the organizational meeting at not less than three nor more than 11 commissioners, including at least one from each member town. Changes in the total number of commissioners may be made at any annual meeting of the district duly warned for that purpose by vote of two-thirds of those present and voting; except that it shall always include at least one from each member town. Water commissioners elected at the organizational meeting shall be elected from nominations made by the several towns at their most recent annual or special meeting, if such nominations have been made. Water commissioners to serve on the board of water commissioners of the consolidated district following the first annual meeting shall be elected by the member towns at their own annual or special meetings. Such elections shall be by Australian ballot in those member towns that elect their respective legislative branches by Australian ballot. All other consolidated water district officers shall be elected by the consolidated district. When there is only one nominee for any of the offices, the voters may, by acclamation, instruct an officer to elect that nominee by casting one ballot, and upon the ballot being cast the nominee shall be declared to be legally elected.

  (b) At such organizational meeting or at an adjournment of the meeting, the district may further authorize its board of water commissioners to pay any expense incurred by or on behalf of the district in the period between the date on which the member towns voted to join the district and the first annual meeting of the district. The word “expense” as used in this chapter shall include the cost of architects, surveyors, engineers, contractors, lawyers, or other consultants or experts as well as current operating expenses to be incurred by the district from its organizational meeting until its first annual meeting. The district may authorize its board of water commissioners to borrow money pending receipt of payments from the member towns as provided in this chapter by the issuance of its notes or orders payable not later than one year from the date. At the organizational meeting, the district shall further select a name for the district, determine compensation, if any, to be paid to its officers, determine the date on which its annual meeting shall be held, (which shall not be earlier than October 1 or later than December 31), and adopt a seal. A certified copy of the vote designating the name of the consolidated water district shall be forthwith filed by the clerk of the district with the Secretary of State.

  (c) All district officers elected at an annual meeting and water commissioners elected by their constituent towns shall enter upon their duties on April 1 following their election, unless a different date is set at an annual meeting. A vacancy occurring in any district office other than commissioner caused by death, resignation, removal from the district, or incapacity of an officer to carry his or her duties, shall be temporarily filled by the board of water commissioners with a person from the municipality from which the vacancy occurs within 10 days after the vacancy occurs and until the date when the newly elected officers take office. The vacancy shall be filled at the next annual meeting of the district. The term of office of the water commissioners and the auditors shall be three years and all other officers one year. At the first annual meeting, the terms of office of the commissioners shall be divided by agreement. If possible by lot, if not, with one-third expiring after one year, and one-third expiring after two years, or as nearly as may be. At said first annual meeting, one auditor shall be elected for one year, and one auditor for two years, and thereafter for three years or until their successors are chosen and qualified.

  (d) The fiscal year of a consolidated water district shall be the calendar year. If the change in the date of an annual meeting is to be made, a notice of the proposed change shall be inserted in the warning of the annual meeting. (Added 1964, No. 20 (Sp. Sess.), § 3, eff. March 10, 1964; amended 1967, No. 209, § 3, eff. April 17, 1967; 2019, No. 131 (Adj. Sess.), § 262.)