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2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 105. Powers

§ 105. Powers
(a) The District shall have all those powers set forth in 24 V.S.A. § 4866 as the same presently exist, together with any additional powers that may be added thereto by amendment in the future, all of which powers are incorporated herein by reference.
(b) Except as provided by section 107 of this chapter, the District shall have the power:
(1) To operate, cause to be operated, or contract, or both, for the operation of any and all facilities for the collection, transportation, treatment, storage, resource recovery, recycling, and disposal of solid waste, and to determine and make charges for such services.
(2) To purchase, sell, own, lease, convey, mortgage, improve, and use real and personal property.
(3) To sue.
(4) To enter into contracts for any term or duration.
(5) To adopt a capital budget and program.
(6) To issue regulations implementing the purposes of the District, subject to the requirements of 24 V.S.A. chapter 59.
(7) To provide solid waste disposal services for the member municipalities and others.
(8) To exercise the power of eminent domain.
(9) To borrow money and issue evidence of indebtedness as provided by 24 V.S.A. chapter 53 (indebtedness) or other provisions of law authorizing general obligations or revenue debt, including 10 V.S.A. chapter 12 (Vermont Industrial Development Authority) and 24 V.S.A. chapter 119 (Municipal Bond Bank).
(10) To establish a budget and assess member municipalities and others in accordance therewith.
(11) To appropriate and expend monies.
(12) To establish sinking funds for the retirement of bonded or other indebtedness.
(13) To charge member municipalities, haulers, commercial and residential generators, and others for solid waste generated, arising, or disposed of within the geographical boundaries of member municipalities, regardless of how such waste is disposed. This power includes the ability to make estimates of amounts generated or hauled, or both, for purposes of such charges.
(14) To exercise any other powers that are necessary or desirable for dealing with solid waste problems consistent with the provisions of Titles 10 and 24.
(15) To establish capital reserve funds.
(16) To accept and administer gifts, grants, and bequests in trust.
(17) To exercise all powers incident to public corporations.
(18) To make payments in lieu of taxes to members hosting District facilities.
(19) To do all things set forth in or necessary to this chapter.
(20) To enter into contracts with banks, insurance companies, or other financial institutions so as to obtain a letter of credit, bond insurance, or other forms of financial guarantees or credit enhancement in connection with District bonds, notes, or other evidence of indebtedness.
(21) To provide host communities of District facilities with incentive payments, services, and benefits.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 106. Sovereign immunity

§ 106. Sovereign immunity
The District shall have the benefit of sovereign immunity to the same extent that the State of Vermont does. The District shall provide liability and other insurance for itself and the members of the Board of Supervisors (the Board). The District shall hold harmless and indemnify all members of the Board from all claims of every kind and nature arising out of or connected with duties as supervisors, excepting only willful negligence and criminal conduct.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 107. Transportation and collection sites

§ 107. Transportation and collection sites
The costs and responsibility for providing adequate collection sites for the solid waste generated within its geographical boundaries and for the transportation of such solid waste to the appropriate District facility shall be borne by each member. Should any member not wish to institute its own system for meeting this obligation, the Board may provide for the collection and transportation of such solid waste.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 108. Definitions

§ 108. Definitions
As used in this chapter:
(1) “Board” means the Board of Supervisors of the Lamoille Regional Solid Waste Management District.
(2) “District” means the Lamoille Regional Solid Waste Management District.
(3) “Members” means those municipalities who comprise the District.
(4) “Solid Waste” means any discarded garbage, refuse, or any other solid, liquid, or contained gaseous material as well as septage or sludge from a waste or water supply treatment facility, but does not include hazardous.
(5) “Hazardous Waste” means any solid, liquid, or contained gaseous waste, or any combination of these wastes, that because of its quantity, concentration, or physical, chemical, or infectious characteristics has ever been at any time in the past, is presently, or may in the future be classified as hazardous under applicable laws and regulations of the United States, the State of Vermont, or any subdivision thereof, or by regulation of the District.
(6) “Transport” or “transportation” means the movement of waste by air, rail, highway, or water.
(7) “Treatment” means any method, technique, or process, including neutralization designed to change the physical, chemical, or biological character or composition of any solid waste so as to neutralize such waste, or so as to recover energy or material resources from the waste or so as to render such waste safer for transport, amendable for recovery, amendable for storage, or reduced in volume.
(8) “Facility” means all contiguous land, structures, other appurtenances, and improvements on the land, used for treating, recycling, storing, or disposing of waste. A facility may consist of several treatment, storage, or disposal operational units.
(9) “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water such that solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any ground or surface waters.
(10) “Person” means any individual, partnership, company, corporation, association, unincorporated association, joint venture, trust, municipality, the State of Vermont or any agency, department, or subdivision of the State, federal agency, or any other legal or commercial entity.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 202. Composition

§ 202. Composition
Each member of the District shall have one supervisor on the Board for each nine votes, or portion thereof to which it is entitled under section 208 of this chapter. Each supervisor must be a resident of his or her municipality, entitled to vote in municipal elections.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 203. Selection of supervisors

§ 203. Selection of supervisors
(a) Initial Board. The initial Board shall be appointed by the legislative body of each member. Appointments shall be made within 30 days of the effective date of this agreement and certified by the clerk of each member to the Clerk of the District.
(b) Subsequent Boards. For subsequent Boards, the voters of each member shall decide the method by which its supervisor(s) shall be chosen. Unless the voters of a member decide at a regular or special meeting warned for that purpose to have their supervisor(s) appointed by the legislative body of the member, their supervisor(s) shall be elected at their annual meeting for the term specified in this section.
(c) Terms. Supervisors on the initial Board shall serve for a term ending with the appointment or election of the Board in 1990. In order to stagger the terms of the supervisors on the second Board, the initial Board at their organizational meeting shall draw by lot the terms that the supervisors from their respective municipalities shall hold upon election or appointment to the second Board. At least half the supervisors of the second Board shall serve two-year terms, and the remainder shall serve one-year terms. Thereafter, all terms shall be for two years.
(d) Elections. Elections for supervisor(s) shall take place biennially (except for the election following a one-year term of a supervisor to the second Board) at the annual meeting of each member in the same manner as elections for the legislative body of the member. Results of the election shall be certified by the clerk of each member to the Clerk of the District.
(e) Appointments. If a member chooses to have its legislative body appoint its supervisor(s) to the District, the legislative body shall make its appointment by the end of March in the year in which the term of the preceding supervisor for that member expires. The clerk of each member shall certify its appointment to the Clerk of the District.
(f) Oath of office. All supervisor(s) shall take an oath of office similar to that taken by members of legislative bodies of municipalities, as in 24 V.S.A. § 831. The oath shall be administered by the clerk of the supervisor’s municipality.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 204. Organizational meeting

§ 204. Organizational meeting
Within 60 days of the effective date of this chapter, the Chairperson of the Lamoille County Planning Commission shall designate a time and place for the organizational meeting of the initial Board. Annually thereafter, on the first Wednesday in April, the Board shall hold its organizational meeting at a time and place designated by the Board Chairperson. At the organization meeting, the Board shall elect from among its membership a Chairperson and a Vice Chairperson, each of whom shall hold office for one year and until a successor is duly elected and qualified. For this election each supervisor present shall cast one vote, except that no supervisor shall be elected Chairperson for more than three consecutive terms unless supervisors representing at least two-thirds of all votes entitled to be cast on behalf of all members and comprising at least two-thirds of all possible supervisors (including vacancies) shall so vote. The Chairperson and Vice Chairperson who are elected at the organizational meeting of the Initial Board shall hold office until the second Board elects their successors.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 206. Special meetings

§ 206. Special meetings
Special meetings of the Board may be called at any time by the Chairperson and shall be called by the Clerk upon written request of a majority of the members of the Board. Each supervisor shall be given at least 24-hours’ notice of any special meeting by telephone, or by written notice delivered personally, or by regular mail. Notice by mail is effective upon deposit in the mail at least 72 hours before the special meeting. Supervisors waive the notice requirements if they attend the special meeting, unless attendance is for the sole purpose of protesting the holding of the meeting. No action may be taken at a special meeting that is not warned specifically in the notice.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 207. Quorum

§ 207. Quorum
To transact business, supervisors who represent more than one-half of the members and whose votes constitute more than 50 percent of the total votes of all supervisors must be present. No proxies shall be allowed. A smaller number may adjourn to a later date, provided notice is given to all members as if such adjourned meeting were a special meeting. If a quorum is not attained at two consecutive regular meetings, a quorum may be attained at the next regular meeting by the presence of either supervisors from one-half of the members or supervisors whose votes constitute 50 percent of the total votes of all supervisors.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App 208. Voting

208. Voting
(a) Each member shall be entitled to one vote plus one vote for each 1,500 people or any portion thereof of its population. The number of votes entitled to be cast on behalf of any member entitled to more than one supervisor shall be divided equally among its supervisors. Fractional votes, if any, shall be
taken into account
. No supervisor(s) may split votes. No proxies shall be allowed. Population shall be determined as follows until the results of the 1990 U.S. census are available for the members:
Town
Population
Belvidere
237
Cambridge
2,289
Craftsbury
875
Eden
715
Elmore
487
Hyde Park
2,182
Johnson
2,728
Morristown
4,546
Stowe
3,296
Waterville
521
Wolcott
1,091
Worcester
814
(b) When the results of the 1990 census are available, and decennially thereafter when new U.S. decennial census data are available, the number of votes granted to each member shall be determined at the next organizational meeting. Any action adopted by a majority of the votes cast at a meeting of the Board at which a quorum is present shall be the action of the Board. Approval of the siting of any District facility or of the condemnation by eminent domain of any property by the District shall require approval by supervisors representing at least two-thirds of all votes entitled to be cast on behalf of all members and comprising at least two-thirds of the supervisors present.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 209. Vacancy

§ 209. Vacancy
(a) A supervisor may resign at any time by notice to the chairperson of the legislative body of the municipality represented. The Board shall declare, by written certification to the legislative body of a member municipality, a vacancy for the position of the supervisor from that member municipality after the supervisor has failed to attend three consecutive meetings of the Board within one year beginning in March and ending in February of the subsequent year.
(b) Upon resignation, death, certification of vacancy by the Board, or removal from the municipality by a supervisor the legislative body of that member shall appoint a supervisor for the remainder of the term of such supervisor within 45 days. The appointment shall be certified by the clerk of the member to the Clerk of the District.
(c) For any vacancy, the number of votes attributable to such municipality shall not be counted for purposes of determining a quorum or the number of votes eligible to be cast by the Board during the period of such vacancy.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 301. Officers

§ 301. Officers
The officers of the District shall be the Chairperson and the Vice Chairperson of the Board of Supervisors, the Clerk of the District, and the Treasurer of the District. There may also be an Assistant Clerk, an Assistant Treasurer, a Grand Juror, and an acting Chairperson. No person may hold more than one office at the same time.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 303. Chairperson

§ 303. Chairperson
The Chairperson of the Board shall be the chief executive officer of the District. The Chairperson shall preside at all meetings of the Board and shall make and sign all contracts on behalf of the District upon approval by the Board. The Chairperson shall perform all the duties incident to the position and office.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 304. Vice Chairperson

§ 304. Vice Chairperson
The Vice Chairperson shall preside during the absence of the Chairperson or in the event the Chairperson elects not to preside. In either case, the Vice Chairperson shall have the same duties and authority as the Chairperson.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 305. Acting Chairperson

§ 305. Acting Chairperson
When both the Chairperson and Vice Chairperson are either absent or elect not to preside, the Board shall designate a member of the Board to serve as acting Chairperson. In any such case, the acting Chairperson shall have the same duties and authority of the Chairperson and shall serve until either the Chairperson or Vice Chairperson resume his or her duties.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 306. Clerk

§ 306. Clerk
The Clerk of the District shall be appointed by the Board. The Clerk, with the approval of the Board, may appoint an Assistant Clerk. Neither the Clerk nor the Assistant Clerk may be a supervisor. The Clerk shall have charge and custody of the public records of the District and the Seal of the District. The Clerk shall record all votes and proceedings of the District, including meetings of the District and meetings of the Board and shall cause to be posted and published all warnings of meetings of the District. The Clerk shall prepare all warnings of meetings of the District as required by subchapter 5 of this chapter. Following approval by the Board, the Clerk shall cause the annual report to be distributed to the legislative bodies of the members. The Clerk shall prepare and distribute any other reports required by laws of the State of Vermont and resolutions or regulations of the Board. The Clerk shall perform all the duties and functions incident to the office of secretary or clerk of a body politic and corporate.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 307. Treasurer

§ 307. Treasurer
The Treasurer of the District shall be appointed by the Board. The Treasurer, with the approval of the Board, may appoint an Assistant Treasurer. Neither the Treasurer nor the Assistant Treasurer may be a supervisor. 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 Supervisors, 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.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 308. Grand Juror

§ 308. Grand Juror
The Board may appoint a Grand Juror who shall inquire into any person’s offenses under the District’s regulations or applicable law and present them to the proper authority. If the Attorney General or the State’s Attorney is unwilling to prosecute such offenses, the Grand Juror may do so. For these purposes, the Grand Juror shall have the same authority within the District as a State’s Attorney. The Grand Juror shall not be a supervisor.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 313. Recall of officers

§ 313. Recall of officers
An officer may be removed by a vote of two-thirds of the supervisors of the entire Board whenever, in its judgment, the best interest of the District will be served. For this action, each supervisor shall cast one vote.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 402. Budget appropriation and assessment

§ 402. Budget appropriation and assessment
(a) Proposed budget. Annually on or before November 1, the Board shall approve and cause to be distributed to the legislative body 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 shall hold a public hearing on or before December 1 of each year to receive comments from the legislative bodies of the members and hear all other interested persons regarding the proposed budget. Additional public hearings may be held if the Board deems it appropriate to do so. Notice of such hearing(s) shall be the same as that specified under section 503 of subchapter 5 of this chapter, except that for additional public hearings, the time requirements of that section shall be reduced by 15 days, and notice(s) need only be published once. The Board shall give consideration to all comments received and make such changes to the proposed budget as it deems advisable.
(b) Budget adoption, appropriations, and assessment. Annually on or before January 1, the Board shall adopt the budget, appropriate the sums that it deems necessary to operate and carry out the District’s functions for the next ensuing fiscal year, assess each member for its proportionate share of the sums so appropriated, less revenues anticipated from the member through tipping fees, and adopt a schedule designating when such assessments are due and payable by the members.
(c) Apportionment of assessments. Assessments shall be apportioned among the members on the basis of relative tonnage or volume of solid waste generated by or within each of the members. Each member shall be assessed a percentage of the sum appropriated equal to the ratio that the solid waste generated by or within the member in the prior year bears to the total solid waste generated by or within the District. If the Board determines in any year that the assessments for the previous year were substantially inequitable, it shall retroactively adjust the prior year’s assessment such that any overcharged member is given a proportionate credit against future assessments, and any undercharged member is assessed a proportionate surcharge payable over a period that the Board determines will be reasonable. The foregoing notwithstanding, the Board may levy special assessments for waste that require special or disproportionately expensive treatment not reflected by tonnage or volume.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 403. Collection

§ 403. Collection
Annually on or before February 1, the Treasurer shall issue and present a warrant to the legislative body of each member requiring that the amount of such assessment be paid beginning not sooner than July in accordance with the schedule of payments adopted by the Board. The legislative body of each member shall draw an order on the municipal treasurer for the amount of such assessment, and the municipal treasurer shall pay to the District Treasurer the amount of such order. If any member shall fail to pay when due any assessment against it by the District, it shall incur an additional charge that the Board determines will be reasonable. However, the charge shall not exceed the maximum charge that municipalities may charge for delinquent real property taxes plus interest. Interest shall be charged at a rate the Board determines to be reasonable. Such additional charge and interest, together with the amount due, court costs, and reasonable attorney fees of the District may be recovered by the District in a civil action brought in the Lamoille Superior Court under this section, notwithstanding any other remedy available to the District.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 404. Limitations of appropriations

§ 404. Limitations of appropriations
Appropriations made by the Board for the various estimates of the budget as defined in section 402 of this chapter above shall be expended only for such estimates; however, by majority vote of the Board, the budget may be amended from time to time to transfer funds between or among such estimates. Any balance left or unencumbered in any such budget estimate shall lapse at the end of the fiscal year. The amount of any deficit at the end of the fiscal year shall be included in the next proposed operating budget and paid out of the appropriations for that budget year.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 406. Sinking fund

§ 406. Sinking fund
The Board may establish and provide for 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 409 - Lamoille Regional Solid Waste Management District › App § 407. Capital reserve fund

§ 407. Capital reserve fund
The Board may establish and provide for a capital reserve fund to pay for public improvements, replacement of worn out buildings and equipment, and major repairs of District facilities. 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 409 - Lamoille Regional Solid Waste Management District › App § 408. Disposal fees

§ 408. Disposal fees
(a) Giving due consideration to the fact that State policy, as established in 10 V.S.A. § 6601, provides that the generators of waste should pay disposal costs that reflect the real costs to society of waste management and disposal, the Board may establish and adjust a disposal fee structure (tipping fee) for the purpose of generating revenues from sources other than assessments to members.
(b) Whenever the District establishes a facility or contracts to use a facility, whether for treatment or disposal of solid waste, the District shall first consider implementing a fee structure that places the cost of treatment or disposal on the person seeking treatment or disposal of the solid waste. To the extent that such a fee structure can be implemented in an environmentally sound and economically beneficial way, the District shall implement such a fee structure.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 501. Special District meetings

§ 501. Special District meetings
The Board may on its own motion call special meetings of the District and shall call a special meeting of the District when action by the voters of the District is required. The Board shall call a special meeting of the District if petitioned to do so by not less than five percent of the voters of the District. The Board may rescind the call of the special meeting called on its own motion. The Board shall endeavor to schedule the time of special meetings to coincide with the time of annual municipal meetings, primary elections, general elections, or similar meetings when the electorate within the members will be voting on other matters.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 502. Places of meetings

§ 502. Places of meetings
At any special meeting of the District, voters of each member shall cast their ballots at such polling places within the municipality of their residence as shall be determined by the Board in consultation with the board of civil authority of each municipality.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 503. Public hearings

§ 503. Public hearings
Not less than 30 nor more than 40 days prior to any special meeting of the District, the Board shall hold at least one public hearing at which the issues to be voted upon at the special meeting shall be presented for public comment. Notice of such public hearings shall include a warning published in one or more newspapers 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 to be not less than five nor more than 10 days before the public hearing.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 504. Warnings required

§ 504. Warnings required
The Board of the District shall warn a special meeting of the District by filing a notice with the Clerk of each member and by posting or causing to be posted a notice in at least three public places in each municipality in the District not less than 30 nor more than 40 days before the meeting. The warning shall be published in one or more newspapers 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 409 - Lamoille Regional Solid Waste Management District › App § 508. Qualifications and registration of voters

§ 508. Qualifications and registration of voters
All legal voters of the member municipalities shall be legal voters of the District. The municipality shall post and revise checklists in the same manner as for municipal meetings prior to any District meeting.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 509. Conduct of meetings

§ 509. Conduct of meetings
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), recount and contest of elections (subchapter 9), and jurisdiction of courts (subchapter 10) shall apply except where clearly inapplicable. The District Clerk shall perform the functions assigned to the Secretary of State under that chapter. The Lamoille 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 409 - Lamoille Regional Solid Waste Management District › App § 510. Reconsideration or rescission of vote

§ 510. Reconsideration or rescission of vote
(a) A question voted on at any special meeting of the District shall not be submitted for reconsideration or rescission, except at a subsequent special meeting duly warned for that purpose and called by the Board 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 the District within 30 days following the date of that meeting, the Board 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 by 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 shall not be presented for reconsideration or rescission at more than one subsequent meeting without the approval of the Board.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 511. Validation of District meetings

§ 511. 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, if the meeting and the business transacted is otherwise legal, the omission or noncompliance 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 of the action taken at the meeting of the 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 any prior special 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 the District by a vote of at least two-thirds of all the votes entitled to be cast at a regular meeting or a special meeting called for that purpose, stating that a defect was the result of an oversight, inadvertence, or mistake. When an error or omission has thus been 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 in compliance initially on the condition that the original action by the Board was otherwise in compliance with the legal exercise of its corporate powers.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 512. Priority

§ 512. Priority
When a special meeting of the District is called to act to incur bonded or other indebtedness or to enter into a long-term contract, and the meeting procedures in this chapter conflict with the procedures in subchapter 4, the procedures in subchapter 4 shall prevail.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 602. Admission of additional municipalities

§ 602. Admission of additional municipalities
The Board, by the affirmative vote of supervisors representing at least two-thirds of all votes entitled to be cast on behalf of all members and comprising at least two-thirds of all possible supervisors (including vacancies), may authorize the inclusion of additional municipalities in the District upon such terms and conditions as it shall deem to be fair, reasonable, and in the best interests of the District. The petitioning municipality shall comply thereafter with the approval procedures specified in 24 V.S.A. chapter 121 (intermunicipal cooperation and services). 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 the agreement and the terms and conditions for admission, the vote shall be certified by the clerk of that municipality to the Clerk of the District, and the municipality shall be a member.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 603. Dissolution of the District

§ 603. Dissolution of the District
(a) Upon the affirmative vote of supervisors representing at least two-thirds of all votes entitled to be cast on behalf of all members and comprising at least two-thirds of the supervisors present, the Board may prepare a plan of dissolution for submission to the voters of the District at a special meeting of the District duly warned for such purposes. If the voters of the District present and voting at such special meeting of the District vote to dissolve the District, the District shall cease to conduct its affairs except insofar as may be necessary to complete the plan of dissolution and conclude its affairs. The Board of Supervisors shall cause a notice of the plan of dissolution to be mailed to each known creditor of the District and to the Secretary of State.
(b) The plan of dissolution shall, at a minimum:
(1) identify and value all assets of the District;
(2) identify all liabilities of the District, including contract obligations;
(3) determine how the assets of the District shall be liquidated and how the liabilities and obligations of the District shall be paid, to include assessments against municipalities of the District;
(4) specify that any assets remaining after payment of all liabilities shall be apportioned and distributed among the municipalities according to the same basic formula used in apportioning the costs of the District to the municipalities.
(c) When the plan of dissolution has been fully implemented, the Board shall certify that fact to the members whereupon this chapter and the District shall be terminated.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 604. Amendment of the District agreement

§ 604. Amendment of the District agreement
This chapter may be amended by the voters of the District in the manner prescribed for petitions under subchapter 5 of this chapter, or by the Board under this section. The Board at any regular or special meeting may adopt a resolution expressing the intention to amend the chapter. A copy of such resolution shall be mailed to the legislative bodies of the members and to each supervisor at least 10 days prior to the meeting scheduled to act on the amendment. Unless a majority of the legislative bodies requests, in writing, on or before the date of the meeting scheduled to act on the amendment, that the Board hold a special meeting of the District to vote on the amendment, the Board may adopt the amendment. Within 10 days of the adoption of the amendment by the Board or by the voters of the District, the Clerk of the District shall certify to the Secretary of State each proposal of amendment. Section 510 of this chapter, relating to reconsideration and rescission 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 section 17 V.S.A. § 2645. 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.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 409 - Lamoille Regional Solid Waste Management District › App § 607. Severability

§ 607. 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 the chapter as a whole or any other part of this chapter.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 411 - Northeast Kingdom Waste Management District › App § 101. Creation and name

§ 101. Creation and name
In accordance with the provisions of 24 V.S.A. chapter 121, subchapter 3, there is hereby created a union municipal district that shall be known as the Northeast Kingdom Waste Management District at a place designated by the Board of Supervisors.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 411 - Northeast Kingdom Waste Management District › App § 103. Composition

§ 103. Composition
The District is composed of and includes all of the lands and residents within those municipalities that vote to approve this agreement at the time of the creation of the District, or that shall be subsequently admitted to the District in accordance with the procedures hereinafter set forth, and except for such municipalities as shall subsequently withdraw from the District in accordance with the procedures hereinafter set forth.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 411 - Northeast Kingdom Waste Management District › App § 105. Powers

§ 105. Powers
Except as otherwise provided or limited herein, the District shall have the following powers:
(a) To operate, cause to be operated, or contract for the operation of facilities for the collection, transportation, recycling, composting, processing, and disposal of solid waste, hazardous waste, and to establish fees and charges for such services and to sell any products derived therefrom.
(b) To purchase, sell, own, lease, rent, mortgage, improve, and use real and personal property in accordance with the purposes of the District.
(c) To hire staff and fix compensation of employees.
(d) To sue and be sued.
(e) To enter into contracts with individuals, corporations, associations, authorities, agencies, municipalities, the State of Vermont, the United States of America, or any other legal entity for any term or duration.
(f) To exercise the power of eminent domain.
(g) To borrow money and issue evidence of indebtedness as provided for by 24 V.S.A. chapter 53 or other provisions of law authorizing general obligation or revenue debt, including the provisions of 10 V.S.A. chapter 12 and 24 V.S.A. chapter 119.
(h) To appropriate and expend monies.
(i) To establish sinking funds.
(j) To establish capital reserve funds.
(k) To accept and administer gifts, grants, and bequests from any individual or legal entity, in trust or otherwise, for the benefit of the District.
(l) To establish, implement, and amend from time to time fees for waste disposal and other functions of the District, including per capita fees, charges for waste services, and other forms of revenue to meet the obligation and duties of the District.
(m) To establish, enact, and enforce regulations and ordinances appropriate to the purposes of the District, as set forth herein.
(n) To provide for public education on solid waste management issues.
(o) To provide such compensation, if any, as it shall deem appropriate to member municipalities hosting District facilities.
(p) To exercise all powers incident to a public corporation. (Amended 2017, No. M-2, § 1.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 411 - Northeast Kingdom Waste Management District › App § 106. Sovereign immunity

§ 106. Sovereign immunity
The District shall have the benefit of sovereign immunity to the fullest extent authorized by law, except to the extent that it shall have in force and effect liability or other insurance for itself and members of its Board of Supervisors. The District shall hold harmless and indemnify all members of the Board of Supervisors from all claims of every nature and kind arising out of or in connection with the exercise of a member’s duties as a supervisor, with the exception of those actions that shall be deemed to be wilfully negligent or criminal in nature.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 411 - Northeast Kingdom Waste Management District › App § 107. Responsibility to accept waste

§ 107. Responsibility to accept waste
(a) The District shall not enter into any contract with nonmember municipalities or private entities for the management of solid waste generated outside the boundaries of the District unless the contract is deemed to be in the best interests of the District and approved by a two-thirds majority of the Board of Supervisors.
(b) Each member municipality agrees to act as a host community for any District facility or facilities determined by all regulatory agencies having jurisdiction to be environmentally appropriate.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 411 - Northeast Kingdom Waste Management District › App § 202. Selection of supervisors and their alternates

§ 202. Selection of supervisors and their alternates
Board members and alternates shall be appointed by the legislative body, unless the voters of the municipality decide at a regular or special meeting warned for that purpose that the Board members and alternates will be elected by the voters of the municipality. If the Board members and alternates are to be elected by the voters, the election shall take place biennially at the annual meeting of the municipality in the same manner as elections for the legislative body. If the Board members and alternates are to be appointed, the legislative body shall make its appointments by the end of March in the year in which the term of the preceding Board member expires. The clerk of the municipality shall certify its appointments to the Clerk of the District.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 411 - Northeast Kingdom Waste Management District › App § 203. Composition

§ 203. Composition
(a) Each member municipality shall be entitled to be represented by one District supervisor for each 2,500 people, or portion thereof, residing in the municipality, except that unorganized towns, gores, and grants shall be considered as a single municipality and represented by one supervisor and alternate. The population of each member municipality shall, for the purposes hereof, be determined by the latest available population estimates published by the State of Vermont Department of Health.
(b) The District shall notify all member municipalities by January 15 of each year of the number of supervisors each member municipality is eligible to appoint or elect.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 411 - Northeast Kingdom Waste Management District › App § 204. Term of office

§ 204. Term of office
(a) Board members and alternates shall serve two year terms, running from April 1st of the year in which selected to March 31st of the year their term expires, or until a successor is duly selected.
(b) Member municipalities may appoint or elect a new Board member to replace any Board member who resigns or fails to attend five successive meetings of the Board of Supervisors.
(c) Each Board member and alternate shall be eligible to be reappointed or reelected to successive terms.
(d) Terms will be staggered to assure that no more than half the Board is subject to change in any one year in a manner to be determined by the Board.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 411 - Northeast Kingdom Waste Management District › App § 205. Organizational meeting

§ 205. Organizational meeting
(a) Annually, the Board of Supervisors shall have its organizational meeting on the second Tuesday of April.
(b) At each organizational meeting, the Board shall elect from among its members a Chair, a Vice Chair, a Treasurer, and a Clerk, each of whom shall hold office for one year and until his or her successor is duly elected and qualified. All officers shall be eligible for reelection.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 411 - Northeast Kingdom Waste Management District › App § 207. Special meetings

§ 207. Special meetings
The Chair has authority to call a special meeting of the Board of Supervisors. Upon written request of one-fourth of the District supervisors, the Clerk must call a special meeting. Each supervisor must be given at least 24 hours’ notice of any special meeting.