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NO. M-10. AN ACT RELATING TO AMENDING THE CHARTER OF THE CENTRAL VERMONT SOLID WASTE MANAGEMENT DISTRICT.

(S.190)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. AMENDMENT OF CHARTER OF CENTRAL VERMONT SOLID WASTE

MANAGEMENT DISTRICT

The charter of the Central Vermont Solid Waste Management District is amended as it appears in this act.

Sec. 2. Article I, section 5, subsection u. of the charter is amended to read:

u.*[Except as provided in Section 6,]* 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 *[and to]* *[require that acceptable solid wastes generated within the District and any and any member municipality therein shall be disposed of only in and upon facilities operated by or on behalf of the District]*.

Sec. 3. Article II, section 3 is amended to read:

3.APPOINTMENT

Annually, on or before the last Monday in March commencing in 1985, the legislative branch of each member municipality shall appoint its representative to the Board of Supervisors. Appointments shall be in writing, signed by the *[chairman]* chairperson of the legislative branch, and presented to the Clerk of the District. The legislative branch, by majority vote, may remove their approved representative during the one-year term for stated reasons. In addition, each legislative body shall 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 so appointed representative and alternate.

Sec. 4. Article II, section 4 is amended to read:

4.ORGANIZATIONAL MEETING

Annually, on the first Wednesday in April, the Board of Supervisors shall hold itsorganizational meeting. At such meeting, the Board of Supervisors shall elect from among its membership a *[Chairman]* Chairperson and a *[Vice-Chairman]* Vice-Chairperson, each of whom shall hold office for one year and until *[his or her]* a successor is duly elected and qualified. For this election, each member of the Board of Supervisors shall cast one (1) vote.

Sec. 5. Article II, section 7 is amended to read:

7.QUORUM

For the purpose of transacting business, the presence of members whose accumulated votes represent more than fifty percent (50%) of the total number of *[possible votes]* accumulated votes of all members who have at that time appointed representatives to the Board of Supervisors and the presence of more than fifty percent (50%) 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, except as otherwise provided in this agreement.

Sec. 6. Article II, section 8 is amended to read:

8.VOTING

* * *

A member of the Board of Supervisors may not split *[his or her]* its vote(s).

* * *

Sec. 7. Article II, section 11 is amended to read:

11.RULES OF PROCEDURE

Except as otherwise provided in this agreement, Roberts Rules of Order, as amended, shall govern at all meetings.

Sec. 8. Article III, sections 1, 4, and 5 are amended to read:

1.OFFICERS

The officers of the District shall be the *[Chairman]* Chairperson and the *[Vice-Chairman]* Vice-Chairperson of the Board of Supervisors, the Clerk of the District, and the Treasurer of the District.

4.*[VICE-CHAIRMAN]* VICE-CHAIRPERSON

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

5.VACANCY

During the absence or inability of the *[Vice-Chairman]* 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-Chairman]* Vice-Chairperson who shall have the powers and be subject to all the responsibilities hereby given or imposed upon the *[Vice-Chairman]* Vice-Chairperson.

Sec. 9. Article III, section 3 is amended to read:

3.*[CHAIRMAN]* CHAIRPERSON

The *[Chairman]* Chairperson of the Board of Supervisors shall be the chief executive officer of the District. The *[Chairman]* Chairperson shall preside at all meetings of the Board of Supervisors and shall *[make and sign]* authorize all contracts on behalf of the District upon approval by the *[board]* Board of Supervisors. The *[Chairman]* Chairperson shall perform all of the duties incident to the position and office.

Sec. 10. Article III, sections 4 and 5 are amended as follows:

*[His or her]* is struck wherever it appears in these sections and replaced with assigned.

Sec. 11. Article III, section 14 is added to read:

14.ASSISTANT OFFICERS

The Board of Supervisors annually shall appoint an Assistant Clerk and an Assistant Treasurer who shall have the responsibilities of and discharge the duties of the Clerk and Treasurer in their absence or incapacity, or in the event there shall exist a vacancy in such office. The Assistant Clerk and Assistant Treasurer shall also exercise such other duties as the Board of Supervisors shall delegate to them.

Sec. 12. Article IV, section 2 is amended to read:

2.BUDGET APPROPRIATION AND ASSESSMENT

a.PROPOSED BUDGET. Annually on or before the *[first day]* 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 therefore shall approve and cause to be distributed to the legislative branch of each member municipality for review and comment an annual report of its activities, including a financial statement, and a proposed budget of the District for the next fiscal year.

* * *

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 Article V, Public Hearings. 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.

b.BUDGET ADOPTION, APPROPRIATIONS, AND ASSESSMENT

Annually on or before *[December 1]* May 15, the Board of Supervisors shall adopt the budget, appropriate the sums which it deems necessary to operate and carry out the District’s functions for the 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.

Sec. 13. Article IV, section 3 is amended to read:

3.COLLECTION

Annually on or before the first day of January, the Treasurer of the District shall issue and present a warrant to the legislative branch of each member municipality requiring that the amount of such assessment be paid to *[him or her]* the District in accordance with the schedule of payments adopted by the Board of Supervisors.

* * *

Sec. 14. Article IV, section 5, subsection b. is amended to read:

b.*[LONG-TERM]* BONDED INDEBTEDNESS AND LONG-TERM CONTRACTS

(i) SUBMISSION TO VOTERS. On a petition signed by at least five percent (5%) 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.

* * *

A *[long term]* long-term contract means a contract in which the District incurs obligations over a term of more than three (3) years for which the costs are too great to be paid out of the ordinary annual income and revenues of the District, in the judgement of the Board of Supervisors. The term ‘public improvements’ shall include improvements *[which may be used for the benefit of the public]* as defined in Chapter 53 of Title 24, whether or not publicly owned or operated. Bonded debt or indebtedness may be authorized for any purpose permitted by 24 V.S.A. Chapter 53, 24 V.S.A. Chapter 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.

Sec. 15. Article VI, section 1, subsection c. is added to read:

c. 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 Section 1(a)(iii) or Section 1(b) of this article, whichever is applicable, as determined and approved by the Board of Supervisors.

Sec. 16. EFFECTIVE DATE

This Sec. and Secs. 1 through 13 of this act shall take effect upon passage. Secs. 14 and 15 shall take effect on January 1, 1998.

Approved: May 8, 1997