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2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 901. Application of general laws

§ 901. Application of general laws
Provisions of the laws of the State of Vermont relating to voter qualification, warnings, method of voting, the duties of town officers at town meetings and elections, and all other particulars relating to preparation for conducting and managing town meetings and elections shall, so far as they may be applicable, govern all municipal elections and all annual and special Town meetings, except as otherwise provided in this charter.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 902. Time of holding

§ 902. Time of holding
(a) An annual Town meeting for the consideration of the budget and other Town business shall be held according to State law except as hereinafter provided.
(b) The ballot boxes shall be open for a minimum of nine consecutive hours determined and warned by the Selectboard.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 905. Postponement and combining of Town meetings

§ 905. Postponement and combining of Town meetings
(a) The Selectboard may postpone the vote on any question to be voted at a special Town meeting to the annual meeting or the November federal general election if such special meeting falls within 75 days of the annual meeting or the November federal general elections, provided that the Selectboard may not postpone such a vote if the vote is for the purpose of using or discontinuing the use of the Australian ballot system for budgets as provided in 17 V.S.A. § 2680(c).
(b) If a special Town meeting falls within 45 days of a later special Town meeting called by petition, the Selectboard may warn the question to be voted at such Town meeting for the later Town meeting and may by resolution rescind the call of the earlier meeting.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 906. Voting question by Australian ballot

§ 906. Voting question by Australian ballot
The Selectboard may cause any question to be voted by Australian ballot at any annual meeting or at any special Town meeting called on their motion or by petition, provided that the warning for such meeting specifies the questions to be voted. A question voted by Australian ballot shall be preceded by a public hearing for discussion. The warning for the special meeting to vote by Australian ballot shall include a notice of the time and place of the public hearing.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1101. Applicability of State law to zoning and planning

§ 1101. Applicability of State law to zoning and planning
The Zoning Administrator under any Middlebury zoning ordinance or bylaw shall be appointed annually by the Selectboard after the annual meeting and shall serve for one year or until his or oher successor is appointed and qualified. All other matters pertaining to zoning, land subdivision, municipal and regional plans shall be exclusively controlled by the statutes of the State of Vermont, except as specifically provided in this charter.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1102. Ratification of present zoning ordinance

§ 1102. Ratification of present zoning ordinance
Except as hereinafter provided, the zoning ordinance of the Town of Middlebury adopted 5 March 1968, as amended, is hereby ratified and approved, subject to provisions of 24 V.S.A. chapter 91.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1103. Ratification of subdivision regulations

§ 1103. Ratification of subdivision regulations
The subdivision regulations of the Town of Middlebury adopted on 14 June 1966, as amended, are hereby ratified and approved, subject to provisions of 24 V.S.A. chapter 91.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1104. Minutes

§ 1104. Minutes
(a) Copies of the minutes of the Zoning Board of Adjustment or the Middlebury Planning Commission, or portions thereof, shall be made available to any member of the public upon request to the Town Manager and at cost.
(b) Copies of the minutes of the Zoning Board of Adjustment and the Planning Commission shall be filed and kept in the Town Clerk’s office in separate books provided for that purpose, and copies shall be filed in the public library in East Middlebury and the Ilsley Library.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1301. Fiscal year

§ 1301. Fiscal year
This fiscal year shall commence on the first day of January and end on the last day of December, unless the Town, at its annual meeting, shall determine otherwise. If the Town votes another fiscal year, it shall specify the procedure for transition, including the method for financing the transition.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1302. Preparation and submission

§ 1302. Preparation and submission
(a) The Town Manager, at least 60 days before the date of the regular annual Town meeting, shall submit to the Selectboard a budget that, except as required by law or this charter, shall be in such form as the Manager deems desirable or the Selectboard may require. The budget shall contain:
(1) an estimate of the financial condition of the Town as of the end of the fiscal year and as of the date of submission of the budget;
(2) an itemized statement of appropriations recommended for current expenses and for capital improvements, during the next fiscal year with comparative statements in parallel columns of appropriations and estimated expenditures for the current fiscal year and actual appropriations and expenditures for the next preceding fiscal year;
(3) an itemized statement of estimated revenues from all sources, other than taxation, for the next fiscal year; a statement of taxes required for the next fiscal year; and comparative figures of tax and other sources of revenue for the current and next preceding fiscal year;
(4) a capital plan for the next five fiscal years, showing possible anticipated capital expenditures, financing, and tax requirements;
(5) such other information as may be required by the Selectboard.
(b) At least 10 days before the annual meeting of the Middlebury Incorporated School District No. 4, Union School District No. 3, or the Town, whichever comes first, the Selectboard shall publish in a newspaper of general local circulation a notice containing:
(1) the amount that the Town anticipates must be raised by Town taxes and to be voted at its annual meeting;
(2) The amount that the Middlebury Incorporated School District No. 4 anticipates must be raised by Town taxes and to be voted at its annual meeting;
(3) the amount that the Union School District No. 3 anticipates must be raised by Middlebury Town taxes and to be voted at its annual meeting;
(4) the anticipated tax rate applicable to the taxes to be raised in support of the amounts in subdivisions (1), (2), and (3) of this subsection.
(c) The Boards of Directors of the Middlebury Incorporated School District No. 4 and Union School District No. 3 shall submit to the Selectboard the information required by subdivisions (b)(2) and (3) of this section at least 20 days prior to the Town’s annual meeting, and the Chair of each Board shall certify that such information is accurate, based upon the information available to each Board of Directors.
(d) Prior to finally determining the Middlebury Town budget, and at least 40 days prior to the annual meeting, the Selectboard shall hold a public hearing, giving notice thereof in a newspaper of general local circulation at least seven days prior thereto.
(e) The Selectboard’s budget in its final form and the warning for the annual meeting shall be distributed to the legal voters of the Town at least 10 days prior to the annual meeting.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1303. Saving clause

§ 1303. Saving clause
Failure to perform any of the duties specified in section 1302 of this charter, or failure to perform any of such duties within the time limits above specified, shall not invalidate any action taken at a properly warned annual meeting.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1304. Appropriations

§ 1304. Appropriations
The Town at the annual meeting shall adopt a budget that shall include the proposed expenditure of each department for the coming fiscal year, and adoption of a budget at the annual meeting shall be deemed an appropriation to each department of the sum allotted in the budget for such department. A department’s expenditures may not exceed the amount appropriated to it, except by consent of the Selectboard and subject to the provisions of sections 1307 and 1308 of this charter. The amounts stated in the budget, and as approved by the Town, shall become appropriated to the several agencies, departments, and purposes therein named.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1305. Amount to be raised by taxation

§ 1305. Amount to be raised by taxation
(a) Upon passage of the budget by the annual Town meeting, the amounts stated therein as the amount to be raised by property taxes shall constitute a determination of the amount of the levy for the purposes of the Town in the corresponding tax year, and the Selectboard shall levy such taxes on the grand list furnished by the listers for the corresponding tax year.
(b) The Selectboard shall likewise levy such taxes for the purposes of meeting the budget of the Middlebury Incorporated School District No. 4 and paying the amount that the Union School District No. 3 assesses the Town. In the event the Union School District No. 3 has not passed a budget at the time the Selectboard levy such taxes, the Selectboard may, in their sole discretion, base such levy on the prior tax year assessment to the Town by the Union School District No. 3. In such case, after the passage of the Union School District No. 3 budget and assessment to the Town, the Selectboard may adjust the levy of such taxes and the Town shall credit the taxpayers for payment of property taxes for the year accordingly.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1306. Budget limitations; borrowing

§ 1306. Budget limitations; borrowing
(a) The incurring of bonded indebtedness, the issuing of bonds, the making of temporary loans in anticipation of bond sales, and all other matters pertaining to bonded indebtedness shall be controlled by 24 V.S.A. chapter 53 or such State statutes as are applicable.
(b) The Town, through the Selectboard, may borrow money in anticipation of taxes. The total amount so borrowed shall not exceed 90 percent of the taxes assessed for such year, and notes or orders issued therefor shall mature not later than the end of the fiscal year of the Town.
(c) The Town, by vote at an annual or special meeting, may borrow money under such terms and conditions and for such lawful municipal purposes as the Town shall vote.
(d) In cases of emergency, the Selectboard may appropriate funds or borrow money in the name of the Town. The total combined emergency appropriations and borrowing in any year shall not exceed five percent of the amount voted at the annual meeting as the Town budget, or if the appropriation or borrowing is prior to the annual meeting, then five percent of the amount voted at the prior annual meeting as the Town budget. Notes or orders for such emergency borrowing shall mature not more than one year from the date of issuance and shall not thereafter be renewed unless the Town so votes. Any emergency borrowing or appropriation shall be reported at the next Town meeting.
(e) The Selectboard, in the name of the Town, may borrow funds in anticipation of federal and State funds that have been approved and committed, until such time as such funds are available. Any debt so incurred for a project shall be repaid from the first federal or State funds received for that project.
(f) Any appropriations beyond the amount in the Town budget, except as specified in subsection (d) of this section, and all borrowing, except as specified in subsections (a), (b), (c), (d), and (e) of this section, shall be by vote of the Town and upon such terms and conditions as the Town shall vote.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1307. Transfers of appropriations

§ 1307. Transfers of appropriations
At any time during the fiscal year, the Manager may transfer part or all of any unused appropriation balance among programs within a department, office, or agency. Upon written request by the Manager, the Selectboard may by resolution transfer part or all of any unused appropriation balance from one department, office, or agency to another. Notwithstanding the above, no unexpended balance in any appropriation not included in the budget of the Selectboard shall be transferred or used for any other purpose.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1308. Taxation

§ 1308. Taxation
(a) Taxes on real and personal property shall be paid in two equal payments unless the majority of voters at the March Town meeting vote to have tax payments in three or more equal payments.
(b) Interest and penalties on unpaid taxes shall be levied in accordance with State statutes.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1308a. Sales, rooms, meals, and alcoholic beverages tax

§ 1308a. Sales, rooms, meals, and alcoholic beverages tax
(a) The Town of Middlebury may impose a tax on those transactions in the Town involving sales, rooms, meals, or alcoholic beverages that are subject to taxation by the State of Vermont. Imposition of any tax by the Town under this section shall be at the rate or rates specified in 24 V.S.A. § 138 and shall be imposed in accordance with the requirements of 24 V.S.A. § 138(a)(2) and subsections 138(c) and (d).
(b) If the Selectboard of the Town by a majority vote so recommends, the voters of the Town may, at an annual or special meeting warned for the purpose by a majority vote of those present and voting, assess any or all of the following:
(1) a one-percent sales tax;
(2) a one-percent meals and alcoholic beverages tax;
(3) a one-percent rooms tax.
(c) A tax imposed under the authority of this section shall be collected and administered by the Vermont Department of Taxes in accordance with State law governing the State sales tax, meals, and alcoholic beverages tax, or rooms tax.
(d) Of the taxes collected under this section, 70 percent shall be paid on a quarterly basis to the Town after reduction for the costs of administration and collection under subsection (c) of this section. Revenues received by the Town may be expended for municipal services only and not for education expenditures. Any remaining revenues shall be deposited in the PILOT Special Fund established by 32 V.S.A. § 3709.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1309. Investments

§ 1309. Investments
(a) With respect to money raised in a current year for that current year’s operating expenses, the Town may only invest such funds in instruments in which the principal is not at risk.
(b) For all other monies, investments of Town funds shall be made in:
(1) obligations of the United States, its agencies, and instrumentalities, and any repurchase agreements whose underlying collateral consists of such obligations;
(2) certificates of deposit and other evidences of deposit at banks, savings institutions, and trust companies approved by the Treasurer;
(3) such municipal bonds or other bonds as are a lawful investment for a bank, savings institution, and trust companies in this State;
(4) shares of an investment company, or an investment trust, which is negotiated under the Federal Investment Company Act of 1940, as amended, if such mutual investment fund has been in operation for at least 10 years and has net assets of at least $10,000,000; or may deposit the same in banks, trust companies, or national banks in this State; and
(5) such investment instruments as may be offered by insurance companies that are licensed by the State of Vermont.
(c) The Selectboard shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds shall have been invested, as well as the proceeds of such investments.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1501. Separability

§ 1501. Separability
If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or circumstances is held invalid, the application of the charter and its provisions to other persons or circumstances shall not be affected thereby.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1502. Continuance of office or employment

§ 1502. Continuance of office or employment
Except as specifically provided by this charter, if at the time this charter takes full effect a Town administrative officer or employee holds any office or position, he or she shall continue in such office or position until the taking effect of some specific provision under this charter directing that he or she vacate the office or position.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1503. Pending matters

§ 1503. Pending matters
All rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue except as modified pursuant to the provisions of this charter and in each case shall be maintained, carried on, or dealt with by the Town department, office, or agency appropriate under this charter.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1504. Municipal laws

§ 1504. Municipal laws
All Town ordinances, resolutions, orders, and regulations that are in force when this charter becomes fully effective shall remain in full force and effect excepting only those ordinances, resolutions, orders, and regulations that are inconsistent with this charter.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1505. Fire District No. 1 East Middlebury

§ 1505. Fire District No. 1 East Middlebury
(a) The Fire District of East Middlebury shall continue under the provisions of its charter as established by act of the State Legislature.
(b) By majority vote of the Town of Middlebury and of Fire District No. 1 of East Middlebury, the Fire District No. 1 may be incorporated into the Town of Middlebury.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1506. Copies of the charter

§ 1506. Copies of the charter
Two copies of this charter with amendments and information sheets, if there are any, shall be kept in all Town libraries. If at any time these copies shall become unreadable or be destroyed, the Town, at Town expense, shall provide the library with sufficient new copies.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1507. Sec. 4 of the Incorporated District No. 4

§ 1507. Sec. 4 of the Incorporated District No. 4
(a) The officers of said District shall be a Moderator, a Clerk, a Treasurer, a Collector, and an Auditor, who shall be chosen annually, and a Prudential Committee of seven, hereafter to be chosen as follows:
(b) At each annual meeting of the Town of Middlebury, there shall be elected a member of the Committee for a term of five years, except however, that at successive five-year intervals after each of the years 1969 and 1970, there shall be elected at the Town’s annual meeting, an additional member for a term of five years. Each member of the Committee so elected shall take office at 12:01 a.m. on the day following the annual meeting of School District No. 4 in Middlebury. A vacancy on the Committee shall be filled for the unexpired term by appointment by a majority of the members of the Committee. The officers shall hold their respective offices until their successors are chosen.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 1509. Reference to State statute

§ 1509. Reference to State statute
If any matter mentioned in this charter is said to be controlled by a specific State statute, the reference to the State statute shall include the statute as amended or renumbered, or any statute substituted therefor and having similar subject matter.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 101. Corporate existence retained

§ 101. Corporate existence retained
The inhabitants of the Town of Milton, within the limits as now established, shall be a municipal corporate by the name of the Town of Milton, including the area within the former incorporated Village of Milton, the geographical boundaries of which are referenced in 1900 Acts and Resolves No. 183, Sec. 1. (Amended 2003, No. M-4, § 2; 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 105. Nonapplicability to zoning and subdivision

§ 105. Nonapplicability to zoning and subdivision
The provisions of section 104 of this charter shall not apply to the enactment, amendment, repeal, or enforcement of any zoning ordinance, zoning bylaw, subdivision ordinance, or municipal and regional plans.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 202. Elective officers

§ 202. Elective officers
(a) Officers. The officers elected at its annual meeting shall be:
(1) five selectpersons;
(2) Town Clerk;
(3) Town Treasurer;
(4) five library trustees;
(5) five school trustees; and
(6) Champlain Water District (CWD) Representative.
(b) Candidate for office. No candidate for any office listed above that has multiple open seats for an election shall campaign for more than one seat. However, a candidate may campaign for multiple offices as allowed by law.
(c) Qualifications. All elected officers shall be chosen at large from the legally qualified voters at a legally warned Town meeting using the Australian ballot system. The elected officers shall hold office for the terms as set forth in section 203 and until their successors are elected and qualified.
(d) Bonding. All officers shall be sworn before entering their duties, and all officers as described in 24 V.S.A. § 832 shall give a bond conditioned for the faithful performance of their duties in an amount prescribed and approved by the Selectboard.
(e) Termination.
(1) When an elected officer specified in subsection (a) of this section resigns, becomes domiciled in another town, dies, or is removed by recall, that office shall become vacant and the Selectboard, in the case of the Town, and the school trustees, in the case of the school, shall appoint an eligible person to fill the vacancy until the next legally warned annual meeting. The person appointed shall serve until the vacant term expires.
(2) If more than one vacancy occurs on the Selectboard or Board of School Trustees at the same time, then the respective board shall call a special election to fill the vacancies, unless there are fewer than 90 days until the annual meeting. (Amended 2013, No. M-14 (Adj. Sess.), § 2, eff. May 9, 2014; 2017, No. 7, § 116; 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 203. Terms of elected offices

§ 203. Terms of elected offices
(a) Selectboard.
(1) Shall consist of five members. Three members of the Selectboard shall be elected each year; one for a three-year term and two members for one-year terms. The two incumbent officers shall complete their elected terms.
(2) Shall constitute the legislative body of the Town of Milton for all purposes required of town legislative bodies or selectboards under the Constitution and the laws of the State of Vermont.
(b) The Town Clerk shall be elected for a three-year term.
(c) The Town Treasurer shall be elected for a three-year term to be concurrent with the Town Clerk’s term.
(d) The Library Board shall consist of five trustees. Two trustees shall be elected for a two-year term and three trustees shall be elected for a three-year term.
(e) School Board of Trustees.
(1) Shall consist of five members of whom three shall be elected for three-year terms, one shall be elected for a two-year term, and one shall be elected for a one-year term.
(2) Shall constitute the legislative body of the Town School District for all purposes required of school trustees under the Constitution and laws of the State of Vermont and this charter.
(f) Champlain Water District Representative (CWD) shall be elected for a three-year term or as prescribed by the Champlain Water District charter. (Amended 2013, No. M-14 (Adj. Sess.), § 2, eff. May 9, 2014; 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 204. Duties of elected officers

§ 204. Duties of elected officers
(a) Selectboard. See subchapter 3 of this charter.
(b) Town Clerk.
(1) Town Clerk shall perform all duties prescribed by the Vermont statutes and this charter.
(2) Town Clerk shall appoint one or more assistant clerks who shall perform duties as required by the Vermont statutes and this charter. The assistant clerks shall be under the direction of the Town Clerk who shall delegate the assistant clerks’ duties and responsibilities and said assistants shall be entitled to and adhere to all personnel rules and regulations.
(c) Town Treasurer.
(1) The Town Treasurer shall perform all duties prescribed by the Vermont statutes and this charter.
(2) The Town Treasurer shall appoint one or more assistant Town treasurers who shall perform all duties as prescribed by the Vermont State statutes and this charter. The Assistant Treasurer shall be under the direction of the Town Treasurer who shall delegate the Assistant Treasurer’s duties and responsibilities and said Assistant Treasurer shall be entitled to and adhere to all personnel rules and regulations of the Town of Milton.
(3) The Town Treasurer shall promptly deposit and invest funds coming into the Treasurer’s hands in such depositories as may be designated by the Selectboard.
(4) The Town Treasurer shall keep such books and accounts as prescribed by the Vermont statutes and this charter.
(5) The Town Treasurer shall make reports to the Selectboard monthly or at such other times as the Selectboard may require showing the state of the Town’s revenues.
(6) The Town Treasurer shall perform such duties with respect to the Town’s finances as the Selectboard shall require.
(7) The Town Treasurer shall perform such duties as prescribed in 16 V.S.A. § 426(a)–(c) and shall keep financial records of receipts coming into the office and shall make those records available to the School Board of Trustees when requested to do so.
(d) [Repealed.]
(e) [Repealed.]
(f) [Repealed.]
(g) [Repealed.]
(h) The Library trustees shall perform all duties required by Vermont State statutes and this charter, except the Library Board shall follow the administrative code and policies identified in the preamble of the administrative code. Any changes or additions to policies identified in the preamble shall require an affirmative vote of the Selectboard and the Library Board to be applicable to the Library.
(i) School Board of Trustees. See subchapter 4 of this charter.
(j) Champlain Water District Representative (CWD). Will represent the Town of Milton on the Champlain Water District Board and will keep the Selectboard and the Town Manager advised of significant proceedings by the Champlain Water District Board, which affect quality, quantity, or cost of services. (Amended 2013, No. M-14 (Adj. Sess.), § 2, eff. May 9, 2014; 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 301. Organization

§ 301. Organization
(a) After their election and qualification, the Selectboard shall organize and elect a Chair, a Vice Chair, and Clerk by a majority vote of the entire Selectboard.
(b) The Chair of the Selectboard shall preside at all meetings of the Selectboard and shall be recognized as the head of the Town government for all ceremonial purposes.
(c) In the absence of the Chair, the Vice Chair shall assume all duties of the Chair.
(d) In the absence of both the Chair and Vice Chair, the Clerk shall assume all duties of the Chair. (Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 302. Meetings

§ 302. Meetings
(a) As soon as possible after the election of its officers, the Board shall fix the time and place of its regular meetings and such meetings shall be held at least once a month.
(b) The Selectboard shall also designate annually a paper of general circulation to be used for publications as prescribed in 17 V.S.A. § 2641(b).
(c) The Selectboard shall conduct its business under Robert’s Rules of Order, Newly Revised.
(d) Three Selectboard members shall constitute a quorum. No action of the Selectboard shall be valid or binding unless adopted by the affirmative vote of at least three Selectboard members.
(e) All meetings of the Selectboard shall be open to the public, unless by an affirmative vote of the majority of the Selectboard a portion of the meeting is declared to be an executive session. Executive sessions may be held in compliance with 1 V.S.A. § 313.
(f) Emergency meetings may be held without a 24-hour warning, provided that some public notice is given as soon as possible before such meeting and all members of the Selectboard are notified.
(g) The agenda of the Selectboard’s meeting shall be available to the public at least 24 hours prior to the meeting and posted in one or more physical public places as well as electronically.
(1) Any member of the Selectboard may add items of business to the written agenda prior to its posting.
(2) The Selectboard may add items of business to the agenda at the commencement of the meeting and in open session. If action is taken on an item added in this section, the action may be reconsidered at the next scheduled Selectboard meeting. Additions in this section shall be kept to a minimum. (Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 303. Record of proceedings

§ 303. Record of proceedings
(a) It shall be the duty of the Clerk of the Selectboard to review and sign off on an official record of its proceedings that shall be open for public inspection.
(b) The minutes of each meeting shall be approved within 30 days of the meeting by a majority vote of the Selectboard. An unofficial copy shall be filed in the Town Clerk’s office five days after said meeting. (Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 304. Mandatory duties

§ 304. Mandatory duties
The Selectboard shall:
(1) perform all duties as required by Vermont State Statutes and this charter;
(2) appoint and remove the Town Manager;
(3) appoint and remove members of all boards, commissions, committees, or similar bodies unless specifically provided otherwise by this charter;
(4) make, amend, and repeal ordinances in compliance with this charter;
(5) submit the annual budget to the voters to be voted on at Town Meeting in accordance with the provisions of section 1002 of this charter;
(6) with the advice, consultation, and consent of the School Board, provide for an independent audit by a certified public accountant who shall perform an annual audit of all Town departments, including the proprietary and fiduciary accounts in accordance with provisions of subsection 1002(d) of this charter. (Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 305. Permissive duties

§ 305. Permissive duties
The Selectboard may:
(1) appoint or create, change, or abolish offices and commissions created by them as deemed to be in the best interests of the Town; and
(2) prescribe the duties of all offices and commissions created by them. (Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 306. Appointed officers

§ 306. Appointed officers
(a) The Selectboard shall appoint:
(1) Planning Commission;
(2) Developmental Review Board (DRB);
(3) Cemetery Commission;
(4) Chittenden County Regional Planning Commission (CCRPC) member;
(5) Chittenden Solid Waste District (CSWD) member; and
(6) Civil Defense Director.
(b) The Selectboard may appoint such additional officers, commissions, or committees as they deem to be in the best interests of the Town, including:
(1) Fire Warden;
(2) Collector of Taxes;
(3) Tree Warden;
(4) Constable.
(c) All appointed officers shall be chosen at large from the legally qualified voters of the Town and shall hold office until their successors are appointed.
(d) When the term of any office set forth in subsection (a) or (b) of this section expires or the office becomes vacant, the Selectboard shall cause to be posted in four or more physical public places in the Town, as well as electronically, a notice of the expiration of the term and vacancy.
(1) Any qualified voter of the Town may within 10 business days of the posting of said notice submit their name to the Selectboard as an applicant for the expired term or vacancy. At the expiration of the 10 business days from the date of the posting, the names of all applicants shall be entered into the Selectboard’s minutes.
(2) The Selectboard may readvertise any term or vacancy.
(e) The Selectboard shall appoint the following officers using the same procedure specified in the Town’s administrative code for employees or vendors engaged by the Town on a contract basis:
(1) Zoning Administrator.
(2) Health Officer.
(3) Town Attorney.
(4) Pound Keeper.
(5) Planning Director.
(6) Town Moderator.
(A) The Town Moderator shall perform all duties as required by the Vermont State statutes and this charter.
(B) Robert’s Rules of Order, Newly Revised shall be used to conduct all annual or special meetings.
(C) In the absence of the Town Moderator, the Town Clerk shall call the meeting to order with the first order of business to elect a Moderator Pro Tem to fill the vacancy while it exists.
(7) Town Assessor. (Amended 2013, No. M-14 (Adj. Sess.), § 2, eff. May 9, 2014; 2015, No. 23, § 149; 2019, No. 84 (Adj. Sess.), § 8; 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 307. Sidewalks, streetlights, and special assessments of the former incorporated Milton Village

§ 307. Sidewalks, streetlights, and special assessments of the former incorporated Milton Village
In accordance with the Town and Village merger agreement of 2003, the Town of Milton shall adhere to the following:
(1) Sidewalks. The Town of Milton shall own, maintain, repair, and plow all sidewalks formerly owned by the Village of Milton.
(2) Streetlights. The Town of Milton shall own, maintain, and repair all streetlights formerly owned, maintained, and repaired by the Village of Milton.
(3) Service and special assessments. The Town of Milton shall not reduce the level of service for sidewalks and streetlights formerly owned and maintained by the Village of Milton. The Town shall not levy any special assessments to construct new sidewalks or streetlights within the former Village limits except upon an affirmative vote of three-fourths of those present and voting at an annual or special Town meeting duly warned for that purpose.
(4) Supermajority amendment of this section. No part of this section may be amended or repealed except upon the affirmative vote of three-fourths of those present and voting at an annual or special meeting duly warned for that purpose. (Added 2003, No. M-4, § 4; amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 401. Organization

§ 401. Organization
(a) After their election and qualification, the School Board of Trustees shall organize and elect a Chair, a Vice Chair, and a Clerk by a majority vote of the entire School Board of Trustees.
(b) The Chair of the School Board of Trustees shall preside at all meetings of the School Board of Trustees and shall be recognized as the head of the Town or School District for all ceremonial purposes.
(c) In the absence of the Chair, the Vice Chair shall assume all duties of the Chair.
(d) In the absence of both the Chair and Vice Chair, the Clerk shall assume all duties of the Chair. (Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 402. Meetings

§ 402. Meetings
(a) As soon as possible after election of its officers, the School Board of Trustees shall fix the time and place of its regular meetings and such meetings shall be held at least once a month.
(b) The School Board of Trustees shall annually designate a paper of general circulation to be used for publications as prescribed by 17 V.S.A. § 2641(b).
(c) The School Board of Trustees shall conduct their business under Robert’s Rules of Order, Newly Revised.
(d) Three School Board of Trustees members shall constitute a quorum. No action of the School Board of Trustees shall be valid or binding unless adopted by the affirmative vote of at least three members.
(e) All meetings of the School Board of Trustees shall be open to the public, unless by an affirmative vote of the majority of the School Board of Trustees a portion of the meeting is declared to be an executive session. Executive sessions may be held in compliance with 1 V.S.A. § 313.
(f) Emergency meetings may be held without a 24-hour warning, provided that some public notice is given as soon as possible before such meeting and all members of the School Board of Trustees are notified.
(g) The agenda of the School Board of Trustees meeting shall be available to the public at least 24 hours prior to the meeting and posted in one or more public places.
(1) Any member of the School Board of Trustees may add items of business to the written agenda prior to its posting.
(2) The School Board of Trustees may add items of business to the agenda at the commencement of the meeting and in open session. If action is taken on an item added in this section, the action may be reconsidered at the next scheduled Board meeting. Additions in this section shall be kept to a minimum. (Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 403. Record of proceedings

§ 403. Record of proceedings
(a) It shall be the duty of the Clerk of the School Board of Trustees to review and sign off on an official record of its proceedings that shall be open for public inspection.
(b) The minutes of each meeting shall be approved within 30 days of the meeting by a majority vote of the School Board of Trustees. An unofficial copy shall be filed in the Town Clerk’s office five days after the meeting. (Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 404. Mandatory duties

§ 404. Mandatory duties
The School Board of Trustees shall:
(1) perform all duties as required by the Vermont State statutes and this charter;
(2) appoint and remove the Superintendent of Schools;
(3) appoint and remove members of all boards, commissions, committees, or similar bodies unless specifically provided otherwise by this charter;
(4) submit the annual budget to the voters to be voted on at Town meeting in accordance with the provisions of section 1002 of this charter;
(5) provide for an independent audit as described in subdivision 304(6) and subsection 1002(d) of this charter. (Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 405. Permissive duties

§ 405. Permissive duties
The School Board of Trustees may:
(1) appoint or create, change, or abolish offices and commissions created by them as they deem to be in the best interests of the School District; and
(2) prescribe the duties of all offices and commissions created by them. (Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 501. Town Manager appointment and term

§ 501. Town Manager appointment and term
The Town Manager shall be the Chief Administrative Officer of the Town and shall be appointed by a majority of the Selectboard. The Town Manager shall be selected with special reference to training, experience, education, and ability to perform the duties of the office and without reference to any political position persuasion. The Town Manager shall be appointed for an indefinite period and may be removed at the discretion of the Selectboard. The Town Manager shall neither simultaneously hold any elective office within the Town nor be employed by the Town in any capacity except as specified in the charter. The Town Manager may concurrently hold statewide office with approval of a majority of the Selectboard. (Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 502. Bond

§ 502. Bond
Before entering into the duties of this office, the Town Manager shall execute a bond in favor of the Town in such sum and with such surety as may be determined by the Selectboard and the premium on the bond shall be paid by the Town. (Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 504. Noninterference with administration

§ 504. Noninterference with administration
(a) The Selectboard, its members, and committees shall not deal with Town administrative officers and employees who are subject to the direction and supervision of the Town Manager. They shall deal solely through the Town Manager and shall not give orders to any such administrative officers or employees, either publicly or privately.
(b) Neither the Selectboard nor any of its members or committees shall in any manner dictate the appointment or removal of any Town administrative officer or employee whom the Manager is empowered to appoint. They may, however, express its views fully and freely and discuss with the Town Manager, in open or executive session consistent with the law, anything pertaining to the appointment and removal of such officers and employees. (Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 505. Filling of a vacancy

§ 505. Filling of a vacancy
Any vacancy in the Office of Town Manager shall be filled as soon as practicable by the Selectboard, and, in pending such appointment or in case of the Town Manager’s absence or disability, the Selectboard may designate some person to perform the duties of the Office. In no case shall a member of the Selectboard assume the duties of Town Manager. (Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 507. Administrative Code

§ 507. Administrative Code
(a) The Town Manager shall prepare and submit to the Selectboard a proposal for an Administrative Code of the Town of Milton. For the purpose of preparing and updating the Administrative Code, the Town Manager may have the assistance of the Town Attorney and shall have the authority to request a committee of citizens to assist in the preparation of the proposal. The proposal shall be a comprehensive code of administrative organization and procedure for the Town and, at a minimum, shall include the following:
(1) organization of the administrative departments and elected officers of the Town into such divisions as may be appropriate defining the functions and duties of each;
(2) a complete personnel policy for Town employees;
(3) a detailed outline of financial procedures to be followed by the Town, including purchasing policy, expenditure of appropriated funds, the system of accounting for the Town, and the form and frequency of financial reports.
(b) The Administrative Code, when accepted by the Selectboard, shall be considered a valid extension of the policies set forth in this charter and shall be reviewed and revised by the Selectboard biennially and upon the adoption of a revised Town Charter. (Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 508. Selectboard policy

§ 508. Selectboard policy
The Town Manager shall prepare and submit to the Selectboard proposals for Selectboard policies. The Town Manager may have the assistance of the Town Attorney and shall have the authority to request a committee of citizens to assist in the preparation of any proposals. Policies shall be generally applicable to Town government and shall be in writing, codified, and made available to the public. Policies shall be adopted by the Selectboard at regular or special Selectboard meetings. The Selectboard shall give notice of its intent to adopt a policy stating the substance of the proposed policy at least 10 days prior to its adoption. (Added 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 129 - Town of Milton › App § 601. School Superintendent appointment and term

§ 601. School Superintendent appointment and term
The School Superintendent shall be the Chief Executive Officer of the School District and shall be appointed by a majority vote of the School Board of Trustees. The Superintendent shall be selected with special reference to training, experience, education, and ability to perform the duties of this office and without reference to any political position persuasion. The Superintendent shall be employed by written contract for a term not to exceed three years nor less than one year. The Superintendent may be dismissed by the School Board of Trustees for cause as specified in the contract of employment. The Superintendent shall neither simultaneously hold any elective office within the School District nor shall be employed by the School District in any capacity except as specified in this charter. The Superintendent may concurrently hold statewide office with approval of a majority of the School Board of Trustees. (Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)