The Vermont Statutes Online

Title 24 Appendix: Municipal Charters

Chapter 129: TOWN OF MILTON

 

Sub-Chapter 1: Powers Of The Town Of Milton

§ 129-101. Corporate existence retained

The inhabitants of the Town of Milton, within the limits as now established, shall be a municipal corporate by the name of the Town of Milton, including the area within the former incorporated Village of Milton, the geographical boundaries of which are referenced in Sec. 1 of No. 183 of the Acts of 1900. (Amended 2003, No. M-4, § 2.)


§ 129-102. General law application

Except when changed, enlarged, or modified by the provisions of this charter, or by the legal regulation or ordinances of the Town of Milton, all provisions of the statutes of the State of Vermont relating to municipalities shall apply to the Town of Milton.


§ 129-103. Powers of the Town

(a) General. The Town of Milton shall have all the powers granted towns, town school districts, and municipal corporations by the Constitution and Laws of this State and this charter, together with all implied powers necessary to carry into execution all the powers granted; it may enact ordinances not inconsistent with the Constitution and Laws of the State of Vermont or with this charter and impose penalties for violation thereof.

(b) Acquisition of Property. The Town may acquire property within or without its corporate limits for any Town or school purpose, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, or condemnation consistent with the Constitution and Laws of the State.

(c) Municipal Forest Lands. A Municipal Forest shall be established and it shall not be sold, leased, or otherwise disposed of unless so voted by Australian ballot at a legally warned Town meeting. This forest land shall be maintained by using proper forest and wildlife practices.

(d) Exclusions and Restrictions. In the charter, no mention of a particular power shall be construed to be exclusive or to restrict the scope of the powers which the Town or Town School District would have unless this charter otherwise provides.

(e) Reservation of Powers to the Town or School. Nothing in this charter shall be construed to in any way limit the powers and functions conferred on the Town of Milton or School District and the Selectboard or school trustees of said Town and School District, its elected and appointed officials by general or special enactments of State Statutes or regulations in force or effect hereafter enacted; and the powers and functions conferred by this charter shall be cumulative and in addition to the provisions of such general or special enactments unless this charter otherwise provides.

(f) Municipal Electric Power Plant. The Town is authorized to purchase, control, construct, maintain, and operate an electric light and power plant, and may generate and purchase electric current for light, heat, and power and for any other purpose for which the current may be used by the Town inhabitants. The Town may furnish electric power to parties residing within or without the corporate limits of the Town, upon such terms and subject to such regulations as may be agreed upon from time to time, or as necessary to comply with federal and State laws and regulations. The Town may hold within its geographical limits by gift, grant, purchase, or by the right of eminent domain, lands and rights-of-way as may be needed for the construction, maintenance, and operation of an electric power plant. The Town may use any public street or way which it may be necessary or desirable to pass through with poles and wires, provided that public travel on such streets and ways is not unnecessarily impaired.

(g) Milton Fire Department. The Town of Milton may establish a system of fire protection and may create and equip a Fire Department. The Town may contract with a volunteer or nonmunicipal corporation to supply fire protection services, the cost of which shall be included in the Town annual budget. The Selectboard shall appoint a Fire Chief of the Department who shall have the powers and duties of a chief engineer as provided in 20 V.S.A. § 2673.

(h) Milton Rescue Department. The Town of Milton may establish a system of emergency medical care and may create and equip a Rescue Department. The Town may contract with a volunteer or nonmunicipal corporation to supply emergency medical services, the cost of which shall be included in the Town annual budget. The Selectboard shall appoint a Chief of the Emergency Rescue Department. The Emergency Rescue Department shall be provided and administered in accordance with the requirements of 24 V.S.A. chapter 71. (Amended 2003, No. M-4, § 3.)


§ 129-104. Ordinances

(a) General. To adopt ordinances and regulations for the protection of persons and property both public and private and for the betterment of the community.

(b) Adoption by Selectboard.

(1) If the Selectboard desires to adopt a new ordinance or amend or repeal an existing ordinance, they shall cause it to be entered in the official record kept of their proceedings. The new or amended section of the ordinance shall then be published in a newspaper of general circulation in the Town together with a notice of the time and place of a public hearing to consider the ordinance change for final passage. Such publication to be on a day at least one week and not more than two weeks prior to the date of hearing.

(2) At the public hearing, the new or amended section shall be read in full, unless the Selectboard elects to read the ordinance by title only. After such reading, all persons interested shall be given an opportunity to be heard.

(3) After the public hearing, the Selectboard may adopt the ordinance with or without amendment. If they amend the ordinance prior to passage, they shall cause the amended ordinance to be entered in the official record of their proceedings and shall also cause the entire section of the ordinance, as amended and passed, to be published in a newspaper of general circulation in the Town and posted in four or more public places in the Town on a day not more than 14 days after adoption.

(4) Every ordinance shall become effective 40 days after adoption unless the Selectboard specify a longer period. If within 40 days after adoption, a referendum petition is filed as in subsection (f) of this section, the ordinance shall not become effective until after the question of repeal is voted.

(c) Initiative. Any lawful ordinance may be enacted by vote of the Town as follows:  A petition signed by not less than five percent of the registered voters shall be filed with the Town Clerk requesting enactment of the ordinance and accompanied by the text thereof. The warning for the next annual Town meeting shall include the text of the proposed ordinance and shall provide for a "yes" or "no" vote.

(d) Filed with Town Clerk.

(1) The Selectboard shall record publications, postings, considerations, and adoption of ordinances with the Town Clerk.

(2) A certificate by the Clerk of the municipality, showing the publication, postings, consideration, and adoption of ordinances or amended ordinances shall be presumptive evidence of the facts as they relate to the lawful adoption of said ordinances or amended ordinances thereof so stated in any actions or proceedings in court or any other tribunal.

(3) The Town Clerk shall prepare and keep in the Town Clerk's office a book of ordinances. Failure to comply with this provision shall not invalidate any Town ordinance lawfully enacted.

(e) Penalties; Limitations.

(1) A fine in an amount not greater than $500.00.

(2) Each week a violation continues shall constitute a separate offense.

(3) A violation of a Town ordinance shall be classified as a misdemeanor or a rule violation in the same manner as it would be classified by the general State statutes now or hereafter enacted and prosecuted accordingly. The Town may maintain an action to enjoin the violation of any ordinance or rule, but the election of the Town to proceed under this subsection shall not prevent prosecution for the violation of the ordinance.

(f) Referendum.

(1) A Town ordinance may be repealed by vote of the Town as follows: A petition requesting a vote on the question of repealing the ordinance shall be signed by not less than five percent of the registered voters and shall be filed with the Town Clerk within 40 days following the date of adoption of the ordinance by the Selectboard. The Selectboard shall call a special Town meeting to be held within 60 days of the date of filing the petition to vote by Australian ballot on whether or not the ordinance shall be repealed. The warning shall include the text of the proposed ordinance and shall provide for a "yes" or "no" vote.

(2) If a Town ordinance has been considered by referendum vote in accordance with the provisions set forth in this section, a petition to reconsider said referendum vote shall not be permitted except as provided for in section 104(c) of this charter.


§ 129-105. Nonapplicability to zoning and subdivision.

The provisions of section 104 of this charter shall not apply to the enactment, amendment, repeal, or enforcement of any zoning ordinance, zoning bylaw, subdivision ordinance, or municipal and regional plans.


 

Sub-Chapter 2: Officers

§ 129-201. Preface

The officers of the Town of Milton shall be those provided by law for towns and town school districts except otherwise provided by this charter. Such officers shall have all powers and duties necessary to carry out the provisions of this charter as well as those provided by law.


§ 129-202. Elective Officers

(a) The officers elected at its Annual Meeting shall be:

(1) Five selectpersons

(2) Town Clerk

(3) Town Treasurer

(4) Moderator

(5) Five library trustees

(6) Five school trustees

(7) CWD Representative

(b) Qualifications. All elected officers shall be chosen at large from the legally qualified voters at a legally warned Town meeting using the Australian ballot system. Said elected officers shall hold office for the terms hereinafter specified and until their successors are elected and qualified.

(c) Bonding. All officers shall be sworn before entering their duties and all officers as described in 24 V.S.A. § 832 shall give a bond conditioned for the faithful performance of their duties in an amount prescribed and approved by the Selectboard.

(d) Termination.

(1) When an elected officer specified in subsection (a) of this section resigns, becomes domiciled in another town, dies, or is removed by recall, his or her office shall become vacant and the Selectboard, in the case of the Town, and the school trustees, in the case of the school, shall appoint an eligible person to fill the vacancy until the next legally warned Town or school meeting. The person appointed shall serve until his or her predecessor's term expires.

(2) If more than one vacancy occurs on the Selectboard or Board of School Trustees at the same time, then the respective board shall call a special election to fill the vacancies. (Amended 2013, No. M-14 (Adj. Sess.), § 2, eff. May 9, 2014.)


§ 129-203. Terms of Elected Offices

(a) Selectboard.

(1) Shall consist of five members. Three members of the Board shall be elected each year; one for a three year term and two members for one-year terms. The two incumbent officers shall complete their elected terms.

(2) Shall constitute the legislative body of the Town of Milton for all purposes required of town legislative bodies or selectboards under the Constitution and the laws of the State of Vermont.

(b) The Town Clerk shall be elected for a three-year term.

(c) The Town Treasurer shall be elected for a three-year term to be concurrent with the Town Clerk's term.

(d) The Moderator shall be elected for a one-year term.

(e) The Library Board shall consist of five trustees. Two trustees shall be elected for a two-year term and three trustees shall be elected for a three-year term.

(f) School trustees.

(1) Shall consist of five members of whom three shall be elected for three-year terms; one shall be elected for a two-year term; and one shall be elected for a one-year term.

(2) Shall constitute the legislative body of the Town School District for all purposes required of school trustees under the Constitution and laws of the State of Vermont and this charter.

(g) Champlain Water District Representative shall be elected for a three-year term or as prescribed by the Champlain Water District charter. (Amended 2013, No. M-14 (Adj. Sess.), § 2, eff. May 9, 2014.)


§ 129-204. Duties of elected officers

(a) Selectboard. See subchapter 3 of this charter.

(b) Town Clerk.

(1) Town Clerk shall perform all duties prescribed by the Vermont statutes and this charter.

(2) Town Clerk shall appoint one or more assistant clerks who shall perform duties as required by the Vermont statutes and this charter. The assistant clerks shall be under the direction of the Town Clerk who shall delegate the assistant clerks' duties and responsibilities and said assistants shall be entitled to and adhere to all personnel rules and regulations.

(c) Town Treasurer.

(1) The Town Treasurer shall perform all duties prescribed by the Vermont statutes and this charter.

(2) The Town Treasurer shall appoint one or more assistant Town treasurers who shall perform all duties as prescribed by the Vermont State statutes and this charter. The assistant treasurer shall be under the direction of the Town Treasurer who shall delegate the assistant treasurer's duties and responsibilities and said assistant treasurer shall be entitled to and adhere to all personnel rules and regulations of the Town of Milton.

(3) The Town Treasurer shall promptly deposit and invest funds coming into the Treasurer's hands in such depositories as may be designated by the Selectboard.

(4) The Town Treasurer shall keep such books and accounts as prescribed by the Vermont statutes and this charter.

(5) The Town Treasurer shall make reports to the Selectboard monthly or at such other times as the Selectboard may require showing the state of the Town's revenues.

(6) The Town Treasurer shall perform such duties with respect to the Town's finances as the Selectboard shall require.

(7) The Town Treasurer shall perform such duties as prescribed in 16 V.S.A. § 426(a)-(c). He or she shall keep financial records of receipts coming into his or her hands and shall make those records available to the Board of School Directors when requested to do so.

(d) Repealed.]

(e) Town Moderator.

(1) The Town Moderator shall perform all duties as required by the Vermont State statutes and this charter.

(2) Robert's Rules of Order Newly Revised shall be used to conduct all annual or special meetings.

(3) In the absence of the Moderator, the Town Clerk shall call the meeting to order with the first order of business to elect a Moderator Pro Tem to fill the vacancy while it exists.

(f) Repealed.]

(g) Repealed.]

(h) The Library Trustees shall perform all duties required by Vermont State statutes and this charter, except the Library Board shall follow the administrative code and policies identified in the preamble of the administrative code. Any changes or additions to policies identified in the preamble shall require an affirmative vote of the Selectboard and the Library Board in order to be applicable to the Library.

(i) School trustees. See subchapter 4 of this charter.

(j) Champlain Water District Representative. Will represent the Town of Milton on the Champlain Water District Board and will keep the Selectboard and the Town Manager advised of significant proceedings by the Champlain Water District Board, which affect quality, quantity, or cost of services. (Amended 2013, No. M-14 (Adj. Sess.), § 2, eff. May 9, 2014.)


 

Sub-Chapter 3: Selectboard Powers And Duties

§ 129-301. Organization

(a) Forthwith after their election and qualification the Selectboard shall organize and elect a Chairman, a Vice Chairman, and Clerk by a majority vote of the entire Board.

(b) The Chairman of the Board or in his or her absence the Vice Chairman or in his or her absence the Clerk shall preside at all meetings of the Board and shall be recognized as the head of the Town government for all ceremonial purposes.


§ 129-302. Meetings

(a) As soon as possible after the election of its officers, the Board shall fix the time and place of its regular meetings and such meetings shall be held at least once a month.

(b) The Selectboard shall also designate annually a paper of general circulation to be used for publications as prescribed in 17 V.S.A. § 2641(b).

(c) The Board shall conduct its business under Robert's Rules of Order Newly Revised.

(d) Three Selectboard members shall constitute a quorum. No action of the Board shall be valid or binding unless adopted by the affirmative vote of at least three Selectboard members.

(e) All meetings of the Board shall be open to the public, unless by an affirmative vote of the majority of the Board a portion of the meeting is declared to be an executive session. Executive sessions may be held in compliance with 1 V.S.A. § 313.

(f) Emergency meetings may be held without a 24-hour warning provided that some public notice is given as soon as possible before such meeting and all members of the Board are notified.

(g) The agenda of the Selectboard's meeting shall be available to the public at least 24 hours prior to the meeting and posted in one or more public places.

(1) Any member of the Board may add items of business to the written agenda prior to its posting.

(2) The Board may add items of business to the agenda at the commencement of the meeting and in open session. If action is taken on an item added in this section, the action may be reconsidered at the next scheduled Board meeting. Additions in this section shall be kept to a minimum.


§ 129-303. Record of proceedings

(a) It shall be the duty of the Clerk of the Selectboard to keep an official record of its proceedings which shall be open for public inspection.

(b) The minutes of each meeting shall be approved within 30 days of the meeting by a majority vote of the Selectboard. An unofficial copy shall be filed in the Town Clerk's office five days after said meeting.


§ 129-304. Mandatory duties

The Selectboard shall:

(1) Perform all duties as required by Vermont State Statutes and this charter.

(2) Appoint and remove the Town Manager.

(3) Appoint and remove members of all boards, commissions, committees, or similar bodies unless specifically provided otherwise by this charter.

(4) Make, amend, and repeal ordinances in compliance with this charter.

(5) Submit the annual budget to the voters to be voted on at Town Meeting in accordance with the provisions of section 1002 of this charter.

(6) With the advice, consultation, and consent of the School Board provide for an independent audit by a certified public accountant who shall perform an annual audit of all Town departments including the proprietory and fiduciary accounts.


§ 129-305. Permissive Duties

The Selectboard may:

(1) Appoint or create, change, or abolish offices and commissions created by them as they feel to be in the best interest of the Town.

(2) Prescribe the duties of all offices and commissions created by them.


§ 129-306. Appointed officers

(a) The Selectboard shall appoint:

(1) Planning Commission

(2) Zoning Board of Adjustment

(3) Cemetery Commission

(4) Chittenden County Regional Planning

(5) Chittenden Regional Solid Waste

(6) Civil Defense Director

(b) The Selectboard may appoint such additional commissions or committees as they feel to be in the best interest of the Town:

(1) Fire Warden

(2) Collector of Taxes

(3) Tree Warden

(4) Constable

(c) All appointed officers shall be chosen at large from the legally qualified voters of the Town and shall hold office until their successors are appointed.

(d) When the term of any office set forth in subsection (a) or (b) of this section expires or the office becomes vacant, the Selectboard shall cause to be posted in four or more public places in the Town a notice of the expiration of the term and vacancy.

(1) Any qualified voter of the Town may within 10 business days of the posting of said notice submit their name to the Selectboard as an applicant for the expired term or vacancy. At the expiration of the 10 business days from the date of the posting the names of all applicants shall be entered into the Selectboard's minutes.

(2) The Selectboard may readvertise any expired term or vacancy.

(e) The Selectboard shall appoint the following officers using the same procedure specified in the Town's administrative code for employees or vendors engaged by the Town on a contract basis.

(1) Zoning Administrator

(2) Health Officer

(3) Town Attorney/Town Agent

(4) Pound Keeper

(5) Planning Director  (Amended 2013, No. M-14 (Adj. Sess.), § 2, eff. May 9, 2014.)


§ 129-307. Sidewalks, streetlights, and special assessments

(a) Sidewalks. The Town of Milton shall own, maintain, repair, and plow all sidewalks formerly owned by the Village of Milton.

(b) Streetlights. The Town of Milton shall own, maintain, and repair all streetlights formerly owned, maintained, and repaired by the Village of Milton.

(c) Service and special assessments. The Town of Milton shall not reduce the level of service for sidewalks and streetlights formerly owned and maintained by the Village of Milton. The Town shall not levy any special assessments to construct new sidewalks or streetlights within the former Village limits except upon an affirmative vote of three-fourths of those present and voting at an annual or special town meeting duly warned for that purpose.

(d) Supermajority amendment of this section. No part of this section may be amended or repealed except upon the affirmative vote of three-fourths of those present and voting at an annual or special meeting duly warned for that purpose. (Added 2003, No. M-4, § 4.)


 

Sub-Chapter 4: School Trustees Powers And Duties

§ 129-401. Organization

(a) Forthwith after their election and qualification the school trustees shall organize and elect a Chairman, a Vice Chairman, and a Clerk by a majority vote of the entire Board.

(b) The Chairman of the Board or in his or her absence, the Vice Chairman or in his or her absence the Clerk shall preside at all meetings of the Board and shall be recognized as the head of the Town or School District for all ceremonial purposes.


§ 129-402. Meetings

(a) As soon as possible after election of its officers, the school trustees shall fix the time and place of its regular meetings and such meetings shall be held at least once a month.

(b) The school trustees shall annually designate a paper of general circulation to be used for publications as prescribed by 17 V.S.A. § 2641(b).

(c) The trustees shall conduct its business under Robert's Rules of Order Newly Revised.

(d) Three trustees shall constitute a quorum. No action of the Board shall be valid or binding unless adopted by the affirmative vote of at least three members.

(e) All meetings of the Board shall be open to the public, unless by an affirmative vote of the majority of the Board a portion of the meeting is declared to be an executive session. Executive sessions may be held in compliance with 1 V.S.A. § 313.

(f) Emergency meetings may be held without a 24-hour warning provided that some public notice is given as soon as possible before such meeting and all members of the Board are notified.

(g) The agenda of the School Board's meeting shall be available to the public at least 24 hours prior to the meeting and posted in one or more public places.

(1) Any member of the Board may add items of business to the written agenda prior to its posting.

(2) The Board may add items of business to the agenda at the commencement of the meeting and in open session. If action is taken on an item added in this section, the action may be reconsidered at the next scheduled board meeting. Additions in this section shall be kept to a minimum.


§ 129-403. Record of proceedings

(a) It shall be the duty of the Clerk of the School Board to keep an official record of its proceedings which shall be open for public inspection.

(b) The minutes of each meeting shall be approved within 30 days of the meeting by a majority vote of the School Board. An unofficial copy shall be filed in the Town Clerk's office five (5) days after the meeting.


§ 129-404. Mandatory duties

The school trustees shall:

(1) Perform all duties as required by the Vermont State statutes and this charter.

(2) Appoint and remove the Superintendent of Schools.

(3) Appoint and remove members of all boards, commissions, committees, or similar bodies unless specifically provided otherwise by this charter.

(4) Submit the annual budget to the voters to be voted on at Town meeting in accordance with the provisions of section 1002 of this charter.

(5) Provide for an independent audit as described in section 304(f) of this charter.


§ 129-405. Permissive Duties

The school trustees may:

(1) Create, change, and abolish offices and commissions.

(2) Prescribe the duties of all offices and commissions created by them.


 

Sub-Chapter 5: Town Manager

§ 129-501. Town Manager appointment and term

The Town Manager shall be the Chief Administrative Officer of the Town. He or she shall be appointed by a majority of the Selectboard. The Town Manager shall be selected with special reference to his or her training, experience, education, and ability to perform the duties of his or her office and without reference to his or her political position persuasion. He or she shall be appointed for an indefinite period and may be removed at the discretion of the Selectboard. The Town Manager shall not simultaneously hold any elective office within the Town, nor shall he or she be employed by the Town in any capacity except as specified in the charter.


§ 129-502. Bond

Before entering into the duties of his or her office, the Town Manager shall execute a bond in favor of the Town in such sum and with such surety as may be determined by the Board and the premium on said bond shall be paid by the Town.


§ 129-503. Responsibilities, powers, and duties

(a) In general, the Town Manager shall be accountable to the Selectboard. He or she shall have general supervision of the property and business affairs of the Town and expenditures of all monies appropriated for Town purposes subject to prior approval by the Selectboard. He or she shall not supervise any elected town officer in the conduct of such officer's duties.

(b) In particular, the Town Manager shall have power and it shall be his or her duty:

(1) To organize, operate, continue, or discontinue such departments as the Selectboard may determine.

(2) To carry out the policies laid down by the Board, to keep the Board informed of the financial condition and future needs of the Town, and to make such reports as may be required by law or requested by the Board together with any other reports and recommendations which he or she may deem advisable.

(3) To keep full and complete records of the actions of his or her office.

(4) To appoint, fix their compensation, and remove, upon merit and fitness alone, any subordinate official, employees, and agents under his/her control. Although the Town Manager may hold subordinate officers and employees of the Town responsible for the faithful discharge of their duties, the Town Manager shall remain ultimately responsible to the Board for all administrative actions under his or her jurisdiction.

(5) To be present at all regular meetings of the Selectboard except when excused by the Board and to have the right to attend all other meetings of said Board and committees thereof except when his or her removal or suspension is being discussed.

(6) To keep the Selectboard fully advised as to the needs of the Town within the scope of the Manager's duties and annually to furnish to them a five year projection of capital improvements for the Town.

(7) To examine or cause to be examined, with or without notice, the affairs of any department under his or her control or the conduct of any officer or employee thereof. For that purpose, he or she shall have access to all books and papers of such departments for the information necessary for the proper performance of his or her duties.

(8) To be the general purchasing agent of the Town and purchase all supplies for every department using the purchasing policy approved by the Selectboard.

(9) To be responsible for keeping such books and accounts of disbursements for all Town departments.

(10) To supervise all special programs of the Town as if the same were a separate department of the Town unless otherwise voted by the Selectboard.

(11) To participate in the discussion of matters coming before the Selectboard and its committees but not the right to vote.

(12) To perform such other duties which may be required of him or her by vote of the Selectboard by law or by ordinance consistent with this charter.

(13) To have charge, control, and supervision of the Police Department and to appoint, remove, and fix the compensation of all officers and employees thereof.

(14) The Town Manager or his or her designee shall be the Collector of Delinquent Taxes.