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NO. 139. AN ACT RELATING TO THE UNORGANIZED TOWNS AND GORES OF ESSEX COUNTY.

(H.691)

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

Sec. 1. 32 V.S.A. § 4981 is amended to read:

§ 4981. ASSESSMENT OF TAX

*[A tax is hereby annually assessed upon the grand list of all unorganized towns and gores in Essex county. The rate of the tax shall be three dollars.]*

(a) A tax determined pursuant to this section is hereby annually assessed upon the grand list of the unorganized towns and gores in Essex County.

(b) Annually, the board of governors of the unorganized towns and gores in Essex County shall prepare a proposed municipal services budget and establish a proposed tax rate for the unorganized towns and gores in Essex County for the ensuing year. Annually, on the second Saturday in August, the board of governors shall call a meeting of the residents and property owners of the unorganized towns and gores in Essex County for the purpose of presenting the proposed budget and tax rate based upon the current grand list. Notice of the meeting and a copy of the proposed budget shall be sent by first class mail to all residents and property owners of the unorganized towns and gores at their last known address at least 30 days before the meeting. The meeting shall be held in Essex County. The notice shall include the itemized proposed budget and the proposed tax rate. Annually, on or before September 30, the board of governors shall adopt a budget and tax rate, and notify the residents and property owners of the unorganized towns and gores, the supervisor, and the appraisers.

Sec. 2. 32 V.S.A. § 4982 is amended to read:

§ 4982. SALARY AND EXPENSES OF *[SUPERVISORS]* SUPERVISOR AND BOARD OF GOVERNORS

The expenses of the unorganized towns and gores in Essex *[county]* County including the *[salary]* salaries of the supervisor and the three members of the board of governors and the reasonable and necessary expenses which *[he incurs]* the supervisor and the members of the board incur in the performance of *[his]* their duties *[as supervisor]*, shall be met *[by the supervisor for that county]* from the revenues from the taxes assessed under section 4981 of this title. *[The]* Notwithstanding the provisions of section 1761 of this title, the supervisor shall receive a salary *[of $2,000.00 per year]* to be established annually by the board of governors. The members of the board of governors shall receive compensation for performance of their official duties in an amount to be established annually in the budget and approved by the residents and property owners of the unorganized towns and gores in Essex County.

Sec. 3. REPEAL

32 V.S.A. § 4983 (distribution of revenue) is repealed.

Sec. 4. 24 V.S.A. chapter 41 is amended to read:

CHAPTER 41. UNORGANIZED TOWNS AND GORES

IN ESSEX COUNTY

§ 1351. DEFINITIONS

In this chapter, unless the context otherwise requires:

*[(2)]*(1) "Appraisers" means the appraisers for the unorganized towns and gores in Essex *[county]* County, designated in section 1355 of this title.

(2) “Board of governors” means the board of governors for the unorganized towns and gores in Essex County, appointed in section 1351a of this title.

(3) “Gores” means the unorganized towns and gores in Essex County, or any one of them.

*[(1)]*(4) "Supervisor" means the supervisor for the unorganized towns and gores in Essex *[county]* County, *[designated]* appointed in section *[1352]* 1351b of this title.*[ ]*

§ 1351a. BOARD OF GOVERNORS

The board of governors shall be comprised of three individuals residing in the Gores. The residents of the Gores shall elect the members of the board of governors at the annual meeting convened in August 2000 as follows: one member for a term of three years; one member for a term of two years; and one member for a term of one year. At each annual meeting thereafter, the residents of the Gores shall elect a member, who shall serve for a term of three years, for each expired term. A vacancy on the board shall be filled at the next annual meeting.

§ 1351b. FUNCTIONS AND DUTIES OF BOARD OF GOVERNORS

(a) The board of governors shall appoint a supervisor for the Gores, who shall be a resident of Essex County, and who shall not be a current member of the board of governors. The board of governors shall oversee the supervisor in the execution of the supervisor’s functions and duties.

(b) The board of governors shall appoint the appraisers. Each of the appraisers shall be a resident of the Gores.

(c) The board of governors shall perform the same functions and duties for the Gores that a board of civil authority performs for its municipality. Except as otherwise specifically provided, the board of governors shall enjoy the same powers, privileges, immunities, and fees, and shall be subject to the same obligations, limitations, liabilities, and penalties in respect to the Gores, as a board of civil authority enjoys and is subject to in respect to its municipality.

*[§ 1352. SUPERVISOR]* *[(a) The clerk of Essex county shall be the supervisor for the unorganized towns and gores within that county.]* *[(b) The supervisor may appoint a deputy to act in his behalf. The deputy shall perform and have the same power, privileges and immunities and shall be subject to the same limitations, liabilities and penalties as the supervisor. The supervisor may revoke any appointment made under this subsection and may, subject to the approval of the commissioner of taxes, fill any vacancy caused by resignation or revocation.]*

§ 1353. FUNCTIONS AND DUTIES OF SUPERVISOR

The supervisor shall perform the same functions and duties for *[his unorganized towns and gores]* the Gores that the *[selectmen, board of civil authority,]* school director, truant officer, constable, treasurer, collector of taxes, and town clerk perform for their municipality. Except as otherwise specifically provided, the supervisor shall enjoy the same powers, privileges, immunities and fees, and shall be subject to the same obligations, limitations, liabilities and penalties in respect to *[his unorganized towns and gores]* the Gores, as the *[selectmen, board of civil authority,]* school director, truant officer, constable, treasurer, collector of taxes, and town clerk enjoy and are subject to in respect to their municipality.

§ 1354. ACCOUNT; ANNUAL REPORT

The supervisor shall maintain an account showing in detail the revenue raised and the expenses necessarily incurred in the performance of *[his]* the supervisor’s duties. The supervisor shall prepare an annual fiscal report by July 1, which shall conform to procedural and substantive requirements to be established by the board of governors and which, upon approval by the board of governors, shall be distributed to the residents of the Gores.

§ 1355. APPRAISERS

Subject to the approval of the director of the division of property valuation and review, the supervisor shall appoint for the year 1973: one appraiser for a term of three years; one appraiser for a term of two years; and one appraiser for a term of one year*[; and]*. For each year thereafter, the board of governors shall annually appoint one appraiser for a term of three years. The *[supervisor]* board of governors may revoke any appointment made under this section and shall, subject to the approval of the director of the division of property valuation and review, fill any vacancy in the board of appraisers. *[The three appraisers, who shall be residents of Essex county, shall constitute the board of appraisers.]*

§ 1356. FUNCTIONS AND DUTIES OF BOARD OF APPRAISERS

The board of appraisers shall perform the same functions and duties for the unorganized towns and gores that the listers perform for their municipality. Except as otherwise specifically provided, the appraisers shall enjoy the same powers, privileges, immunities, and remuneration, and shall be subject to the same obligations, limitations, liabilities and penalties in respect to their unorganized towns and gores, as listers enjoy and are subject to in respect to their municipality.

Sec. 4a. ANNUAL MEETING

The assistant judges for Essex County shall call a meeting of the residents and property owners of the unorganized towns and gores of Essex County for the purpose of electing the initial board of governors authorized under this act and for any other business warned for no later than July 1, 2000. The meeting shall be held in Essex County. Notice of the meeting shall be sent by first class mail to all residents and property owners of the unorganized towns and gores at their last known address at least 30 days before the meeting. The Essex County clerk shall serve as the board of civil authority for the unorganized towns and gores of Essex County until the election of the initial board of governors and shall serve as the supervisor of the unorganized towns and gores of Essex County until the board of governors appoints a supervisor pursuant to this act.

Sec. 5. EFFECTIVE DATE

This act shall take effect upon passage and shall apply to grand lists for April 1, 2000 or after.

Approved: May 18, 2000