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2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 403 - Central Vermont Solid Waste Management District › App § 52. Validation of District meetings

§ 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.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 403 - Central Vermont Solid Waste Management District › App § 53. Priority

§ 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.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 403 - Central Vermont Solid Waste Management District › App § 55. Admission of new member municipalities

§ 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.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 403 - Central Vermont Solid Waste Management District › App § 56. Dissolution of 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.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 403 - Central Vermont Solid Waste Management District › App § 57. Amendment of chapter

§ 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.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 403 - Central Vermont Solid Waste Management District › App § 58. Severability

§ 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.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 403 - Central Vermont Solid Waste Management District › App § 59. Definitions

§ 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.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 2. Purpose

§ 2. Purpose
The District is created and shall exist for the purpose of providing for the efficient, economical, and environmentally sound management of solid waste generated by member municipalities and their residents. Initially the District will engage in a planning phase by exploring various solid waste management alternatives for its member communities, including recycling, resource recovery, and construction of lined landfills.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 3. Composition

§ 3. Composition
The District shall consist of the Cities of Burlington, South Burlington, and Winooski, and the Towns of Charlotte, Colchester, Essex, Hinesburg, Huntington, Jericho, Milton, Richmond, St. George, Shelburne, Westford, and Williston, the Village of Essex Junction, and, subject to section 57 of this chapter, those municipalities that elect to join the District by majority vote of such municipalities, voters present and voting at an annual or special meeting duly warned for such purpose, excepting those municipalities (including the above named municipalities) that may withdraw from the District in accordance with section 56 of this chapter. All previous actions of the member municipalities relating to the formation of the District and all previous actions of, and ordinances and regulations adopted by, the Board of Commissioners of the existing Chittenden Solid Waste District, are ratified and approved. The Town of Essex (the Town) and the Village of Essex Junction (the Village) shall be treated as separate member municipalities for purposes of this chapter, including representation on the Board of Commissioners and action of the legal voters of the District under this charter. Legal voters who are residents within the Village shall be entitled to vote at any District meeting only as a resident of the Village and shall not be entitled to a second vote by their residency within the Town.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 6. Authority

§ 6. Authority
The legislative power and authority of the District and the administration and the general supervision of all fiscal, prudential, and governmental affairs thereof shall be vested in a governing body known as the Board of Commissioners, except as specifically provided otherwise in this chapter.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 7. Appointment

§ 7. Appointment
The purposes, powers, duties, and responsibilities of the District shall be exercised by a Board of Commissioners consisting of one commissioner and one alternate commissioner from each member municipality. The alternate commissioner shall represent the municipality at all meetings of the Board of Commissioners that the regular commissioner is unable to attend and shall have all the rights and privileges of a regular commissioner. The legislative bodies of member municipalities whose beginning letter begins with A through K shall appoint their respective commissioners and alternate commissioners in even-numbered years and the legislative bodies of member municipalities whose beginning letter begins with L through Z shall appoint their respective commissioners and alternate commissioners in odd-numbered years. The legislative body of each municipality, by majority vote, may remove its appointed representative during the two-year term for stated reasons. Any vacancy on the Board of Commissioners shall be filled by the legislative body of the respective member municipality; provided, however, in the event vacancies exist for both the commissioner and the alternate commissioner for a particular municipality, the number of votes attributable to such municipality shall not be counted for purposes of determining the number of votes eligible to be cast by the Board of Commissioners during the period of such vacancy.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 8. Organizational meeting

§ 8. Organizational meeting
Annually, on or before the fourth Wednesday in June, the Board of Commissioners shall hold its organizational meeting. At this meeting, the Board of Commissioners shall elect from among its membership a Chair and a Vice Chair, each of whom shall hold office for one year and until his or her successor is duly elected and qualified. The Chair and Vice Chair are eligible to be elected to successive terms without limit.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 10. Special meetings

§ 10. Special meetings
Special meetings of the Board of Commissioners may be called at any time by the Chair or shall be called by the Secretary upon written request of a majority of the members of the Board of Commissioners. Except in case of emergency, each member of the Board of Commissioners shall be given at least 24 hours’ notice of any special meeting of the Board of Commissioners by notice in person, by telephone, or by written notice delivered personally, mailed, or left at such member’s usual place of residence.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 11. Quorum

§ 11. Quorum
For the purpose of transacting business, the presence of commissioners or, in the absence of a commissioner, his or her alternate commissioner, representing more than 50 percent of the votes then eligible to be cast, shall constitute a quorum.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 14. Voting

§ 14. Voting
Each member of the Board of Commissioners shall be entitled to cast one vote for every 5,000 population, or portion thereof, in the municipality that he or she represents. Except as otherwise provided in this chapter, a majority of the votes cast shall be required to approve any action. A member of the Board may not split the votes allocated to his or her municipality. The determination of population shall be based on the latest population estimates available from the Department of Health or other source agreed on by the Board of Commissioners.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 16. Administrative personnel

§ 16. Administrative personnel
The Board of Commissioners may appoint a Manager and such other personnel as it deems necessary for the conduct of the business of the District, and the Board of Commissioners shall have the power to prescribe duties, fix compensation within limits established by the budget, and delegate to such responsibilities as it deems appropriate. The Manager shall make and sign all contracts on behalf of the District, upon approval by the Board of Commissioners.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 17. Election

§ 17. Election
The Board of Commissioners annually shall elect from among its members a Chair, Vice Chair, Treasurer, and Secretary, and those other officers as it deems appropriate for the conduct of its business. Upon majority vote of the Board, the Treasurer or Secretary may be nonboard members.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 21. Vacancy

§ 21. Vacancy
During the absence or inability of the Vice Chair to render or perform his or her duties or exercise his or her powers, the Board of Commissioners shall elect from among its membership an acting Vice Chair who shall have the powers and be subject to all the responsibilities given in this chapter or imposed upon the Vice Chair.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 22. Secretary

§ 22. Secretary
The Secretary shall have the custody of the public records of the District and shall record all votes and proceedings of the District, including meetings of the District and meetings of the Board of Commissioners. The Secretary shall also prepare and warn all meetings of the District and Board of Commissioners in accordance with Vermont law and shall cause the annual report approved by the Board of Commissioners to be distributed to the legislative bodies of the member municipalities. The Secretary shall also perform all the duties and functions incident to the office of a secretary or clerk of a municipal corporation.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 23. Treasurer

§ 23. Treasurer
The Treasurer shall have the custody of the funds of the District and shall be the disbursing officer of the District. When authorized by the Board of Commissioners, 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 perform all of the duties and functions incident to the office of treasurer of a municipal corporation.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 26. Executive Board

§ 26. Executive Board
The Board of Commissioners shall have the authority to establish an Executive Board and grant such powers to it as it may deem necessary. The Executive Board shall consist of the Chair of the Board of Commissioners and four members of the Board of Commissioners elected by the Board of Commissioners.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 30. Fiscal year

§ 30. Fiscal year
The fiscal year of the District shall begin the first day of July and end on the last day of June of each calendar year. The fiscal year shall constitute the budget and accounting year for the District. The accounting policies of the District shall conform to generally accepted accounting principles.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 31. Preparation of budget

§ 31. Preparation of budget
On or before December 1 in each year, the Board of Commissioners shall prepare a budget for the district for the next fiscal year, which shall include an estimate of the revenue of the District from fees and other sources, except membership assessments, and the planning and solid waste management expenses for the next fiscal year, including debt service, payments due on long-term contracts, payments due to any sinking funds for the retirement of indebtedness, payments due to any capital reserve funds, debt service reserve funds, operating reserve funds, and payments due to any other funds established by the District. The budget shall be in such form as deemed desirable by the Board of Commissioners, and shall be so arranged as to show budgeted income and expenditures of the current fiscal year and budgeted and actual income and expenditures of the preceding fiscal year.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 32. Budget hearing

§ 32. Budget hearing
The Board of Commissioners shall call a hearing of the residents of the member municipalities on or before January 31 in each year for the purpose of presenting the proposed budget and inviting discussion thereon. The hearing shall be held within the boundaries of one of the member municipalities of the District and shall be warned by a notice published in a newspaper of general circulation in each member municipality at least 15 days prior to the hearing. The notice shall contain a copy of the proposed budget, and the legislative body of each member municipality shall be sent a copy of the notice, with attached proposed budget at least 15 days prior to such hearing.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 34. Appropriations and revenues

§ 34. Appropriations and revenues
(a) Should anticipated user fees and revenues from District services and facilities not be sufficient to pay for any obligations or liabilities of the District, the Board of Commissioners shall, following adoption of the budget, apportion the sums for solid waste management, and District obligations and liabilities required to be contributed by each member municipality on the basis of the actual or estimated annual tonnage or volume of solid waste generated by each member municipality as determined by the Board of Commissioners.
(b) Each member municipality shall be assessed a percentage of the sum of the District obligations and liabilities equal to the ratio that the solid waste generated by the member municipality bears to the total solid waste generated within the District. The Board of Commissioners may from time to time annually determine the percentage of solid waste generation attributed to each member municipality, which determination shall be based on waste generation information for the most recent 12-month period for which information is available. For the purposes of this section, the weight or volume of solid waste generated shall be deemed to include all discarded materials separated or collected for recycling.
(c) The provisions of this section shall not apply to any bonds, notes, or other evidence of indebtedness or long-term contracts that, according to their respective express terms, are payable solely and exclusively from user fees and revenues of the District.
(d) A uniform unit of cost per ton or other volume of solid waste shall be established by the Board each year. Separate and nonuniform rates and costs per ton or volume of solid waste may be established by the Board of Commissioners for solid waste management or disposal services for nonmember municipalities and their residents. Planning costs shall be apportioned among the member municipalities on the basis of the estimated or actual annual tonnage or volume of solid waste generated by each member municipality. Should it be possible to generate a surplus from user fees and revenues, the Board of Commissioners may reimburse member municipalities on an equitable basis for any assessments, or portions thereof, previously paid to the District.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 35. Assessment

§ 35. Assessment
The Treasurer of the District shall immediately notify the treasurer of each member municipality of the amount of that municipality’s assessment and the member municipality shall add such assessment to its own budget and shall assess such tax as is necessary to raise the amount of the assessment. The amount of the assessment in each member municipality shall be paid to the Treasurer of the District in accordance with the schedule of payments adopted by the Board. 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 rate set by the Board. 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. Prior to the commencement of any new fiscal year, the Board of Commissioners shall determine, by resolution, the interest rate for that fiscal year, which in no case shall exceed one and one-half percent per month.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 36. Limitations of appropriations

§ 36. Limitations of appropriations
Actions or resolutions of the Board of Commissioners for the annual appropriations of any year shall 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 Commissioners for the various estimates of the budget shall be expended only for such estimates, but by majority vote of the Board of Commissioners, the budget may be amended from time to time to transfer funds between or among such estimates, except as otherwise limited in 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, shall be included in and paid out of the operating budget and appropriations in the next fiscal year.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 37. Indebtedness; short-term borrowing

§ 37. Indebtedness; short-term borrowing
(a) The Board of Commissioners may borrow money through the issuance of notes of the District in an amount not to exceed 25 percent of the District’s current operating budget, for the purpose of paying current expenses of the District. Such notes must mature within one year.
(b) The Board of Commissioners may also borrow money in anticipation of grants-in-aid from any source and any revenues other than assessments, in an amount not to exceed 50 percent of such grants or revenues, through the issuance of notes of the District. Such notes must mature within one year, but may be renewed as provided by general law; provided, however, such notes may not be renewed more than once or for a term in excess of two years from the date of the original loan without the approval of a majority of the voters of the District.
(c) The Board of Commissioners may also borrow money in anticipation of assessments to each member municipality in an amount not to exceed 90 percent of the amount assessed for each year, and may issue notes of the District that must mature within one year.
(d) The Board of Commissioners may also borrow money in anticipation of bond proceeds that have been authorized as provided in this subchapter. These notes shall be issued as provided in 24 V.S.A. chapter 53.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 39. Sinking fund

§ 39. Sinking fund
The Board of Commissioners may establish a sinking fund, however denominated, for the retirement of bond issue or other debt, or to provide security for the payment thereof. When so established, it shall be kept intact and separate from other monies at the disposal of the District, and shall be accounted for as a pledged asset for the purpose of retiring or securing such obligations. The cost of payments to any sinking fund shall be included in the annual budget of the District.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 40. Capital reserve fund

§ 40. Capital reserve fund
The Board of Commissioners may 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 management 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.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 41. Management fees

§ 41. Management fees
Giving due consideration to the fact that State policy, as established in 10 V.S.A. § 6601, provides the generators of waste should pay disposal costs that reflect the real costs to society of waste management and disposal, the Board of Commissioners shall from time to time establish and adjust a management 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 management or resource recovery facility. Once the District has a disposal facility, it will rely primarily on tipping fees for revenues, and shall work with the members to implement those fees.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 42. Definitions

§ 42. Definitions
As used in this chapter:
(1) “Planning costs” means all expenses incurred by the District in the preparation of the solid waste management master plan or revisions thereto such as the costs of investigations and studies.
(2) “Solid waste management costs” means all expenses incurred by the District in implementing any policies set forth in the master plan or in furtherance of the District’s purposes, including capital expenditures.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 43. Special meetings

§ 43. Special meetings
The Board of Commissioners 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 Commissioners shall call a special meeting of the District if petitioned to do so by not less than five percent of the legal voters of the District. The Board of Commissioners 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.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 44. Places of meetings

§ 44. 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 Commissioners of the District in cooperation with the board of civil authority of each member municipality.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 45. Public hearings

§ 45. Public hearings
Not less than three nor more than 14 days prior to any special meeting called by the Board of Commissioners, at least one public hearing shall be held by the Board of Commissioners at which time the issues under consideration shall be presented and comments received. Notice of such public hearing shall include the publication of a warning in a newspaper of general circulation in the District at least once a week, on the same day of the week, for three consecutive weeks, the last publication not less than five nor more than 10 days before the public hearing.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 46. Warnings required

§ 46. Warnings required
The Board of Commissioners of the District shall warn a special meeting of the District by filing a notice with the town clerk of each member municipality and by posting a notice in at least two public places in each municipality in the District, and in or near the office of the clerk of each municipality, 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.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 47. Signing of warning

§ 47. Signing of warning
The original warning of any special meeting of the District shall be signed by a number of the Board of Commissioners equal to a majority of the total votes entitled to be cast and shall be filed with the District Secretary before being posted.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 48. Warning contents

§ 48. 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 not less than five percent of the voters of the District and filed with the District Secretary not less than 40 days before the date of any District meeting.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 50. Qualifications and registration of voters

§ 50. 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.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 51. Conduct of meeting

§ 51. Conduct of meeting
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 Secretary shall perform the functions assigned to the Secretary of State under chapter 51. The Chittenden Superior Court shall have jurisdiction over petitions for recounts. Election expenses shall be borne by the District.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 52. Reconsideration or rescission of vote

§ 52. Reconsideration or rescission of vote
(a) A question considered or 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 Commissioners 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 Commissioners of the District within 30 days following the date of that meeting, the Board of Commissioners 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 or considered shall not be presented for reconsideration or rescission at more than one subsequent meeting except with the approval of the Board of Commissioners.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 53. Validation of District meetings

§ 53. 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 Commissioners 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, that the original action thereby corrected by the Board of Commissioners was in compliance with the legal exercise of its corporate powers.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 54. Priority

§ 54. 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 article in the event of conflict.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 55. Indemnification; contribution

§ 55. Indemnification; contribution
(a) The District agrees it shall protect, indemnify, and hold harmless each member municipality (except a member municipality found to be at fault) and its respective officials, officers, members, employees, and agents, from and against all liabilities, damages, claims, demands, judgments, losses, costs, expenses, suits, action, or proceedings, and attorney’s fees, and further agrees to defend the indemnified party in any suit, action, or proceeding, with respect to any act by or default of the District arising out of the location and operation of a District waste disposal facility or the negligent conduct of any District activities.
(b) Any member municipality that operates or maintains, or has operated or maintained, a facility or facilities for the disposal of solid or hazardous waste (except a facility the operation or maintenance of which is, pursuant to express written authorization of the Board of Commissioners, conducted for the District) agrees that it shall protect, indemnify, and hold harmless the District and each other member municipality (except a member municipality found to be at fault) and their respective officials, officers, members, employees, and agents from and against all liabilities, damages, claims, demands, judgments, losses, costs, expenses, suits, actions, or proceedings, and attorney’s fees, and further agrees to defend the indemnified parties in any suit, action, or other proceeding, with respect to any act by or default of such municipality arising out of its operation or maintenance, or both, of such facility.
(c) It is expressly agreed and understood by the District and the member municipalities that by entering into this agreement and forming the Chittenden Regional Solid Waste Management District, neither the District nor any member municipality has accepted or assumed any responsibility or liability for the past, present, or future operation or maintenance of any solid or hazardous waste disposal facility located within the District or operated by any member municipality, except a facility the operation or maintenance of which is, pursuant to express written authorization of the Board of Commissioners, conducted for or on behalf of the District.
(d) In the event the District is unable to meet any obligation with regard to which the member municipalities are jointly liable, each member municipality shall contribute its proportionate share of such obligations that are paid by the District to insure that all member municipalities share financial responsibility for these obligations in an amount proportionate to the actual or estimated tonnage or volume of solid waste generated by that municipality as determined by the District Board of Commissioners pursuant to section 34 of this chapter.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 56. Termination of membership

§ 56. Termination of membership
A member municipality may terminate its membership in the District after the expiration of one year from the date it became a member by a majority of its voters at a duly warned annual or special meeting voting for such a termination. At such annual or special meeting, a majority of the municipality’s voters must also approve the terms and conditions of this chapter for withdrawal required pursuant to subdivision (2) of this section. Such duly warned meeting must be held no less than 30 days after notice of intent to withdraw has been given to the Board of Commissioners. Said notice shall be in writing and delivered to the Board by certified mail, return receipt requested. The termination shall take effect immediately upon the following actions being carried out:
(1) A certification of the termination vote by the clerk of the terminating municipality must be delivered by certified mail, return receipt requested, to the Secretary of the District.
(2) The terminating municipality must sign a written agreement with the District to pay, as applicable:
(A) its share of any financial obligations incurred by the District up to the point of termination;
(B) its share of all existing indebtedness incurred by the District and obligations under long-term contracts, at the time its termination becomes effective, including its share of the debt or obligations incurred by the District for the remaining bonding term or contract term; and
(C) any direct, incidental, and consequential costs resulting from its withdrawal, including fixed operational costs, and costs of redesigning, relocating, or rebuilding a facility.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 405 - Chittenden Solid Waste Management District › App § 57. Admission of new members

§ 57. Admission of new members
Municipalities that are not initial members of the District may, upon the requisite approval by its voters as set forth in this section and the approval of the Board of Commissioners, become a member 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 Commissioners. The Board of Commissioners may, in its sole discretion, determine the terms and conditions of admission, which terms and conditions shall be in the best interests of the District. If a majority of the voters of the petitioning municipality present and voting at an annual or special 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 Secretary of the District. Thereafter, the Board may, by resolution, admit such municipality upon finding that such terms and conditions have been or will be satisfied. Immediately upon joining the District, the new member municipality shall appoint a commissioner and alternate commissioner as provided in subchapter 2 of this chapter.