Draft Charter Markup and Warning
By Town Manager, 7/22/2014
Proposed Warning
Town of Colchester, Vermont
Charter Amendment Public Hearings
September 23, 2014 and October 14, 2014
The legal voters of the Town of Colchester, Vermont are hereby notified and
warned to meet in the Town Meeting Hall on Main Street in Colchester,
Vermont at 6:30 p.m. on September 23, 2014 and October 14, 2014 to attend
public hearings regarding the proposed amendments to the Charter of the
Town of Colchester. (Deleted language has a strikethrough, new language is
underlined.
Throughout the Charter, change “Selectmen” to “Selectboard” and capitalize references to Town and
other words as appropriate.
SubChapter 1
Sec. 105 Ordinances; enforcement; adoption
(a) The selectmen Selectboard may provide penalties for the breach of any ordinance
authorized by general law or this Charter; may prosecute any person violating the
same through the town grand juror, Town legal counsel attorney, or police officers
who for such purposes shall be informing officers and may maintain actions to
restrain actual or threatened violations of the same. Ordinance enforcement shall
also be as established in the Colchester Code of Ordinance Chapter One, Section 10 as
amended from time to time.
Sec. 202. Elective officers; generally.
(a) At the annual meeting the town shall elect by Australian ballot from among the legally
qualified voters thereof the following town officers, who shall serve until the next annual meeting or until
others are chosen:
(1) Selectboard, number, terms of office, election:
(A) There shall be a Selectboard consisting of five (5) members, and all members
shall be elected at large.
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(B) Three (3) members of the Selectboard shall have terms of office of three (3) years;
two (2) members shall have terms of office of two (2) years. At each election, one
member shall be elected for a three-year term and one for a two-year term.
(2) A moderator.
(3)
(3) One lister for a term of three (3) years.
(4) A library trustee for a term of five (5) years.
Sec. 208. Appointments.
(a) The Selectboard shall appoint the members of the following permanent commissions of
the Town of Colchester:
(1) Development Review Board.
(2) Planning commission.
(3) Cemetery commission (or could be a cemetery advisory committee).
(b) The Selectboard may appoint such additional commissions or committees as they feel to
be in best interest of the town.
(c) The Selectboardshall appoint: Fire wardens, legal counsel, tax collector, cemetery
commissioners/advisory committee and tree warden if needed.
Sec. 302 Time of holding
(A) However, all business which may be decided without Australian ballot shall take place on the
evening before the first Tuesday in March, which shall be called at 7:30 p.m. and shall be
adjourned when all matters have been decided. The time shall be established by policy of the
Selectboard at their annual organizational meeting in consultation with the Colchester School
District.
Sec 404. Powers and duties
(a) Unless otherwise excused by the Selectboard, tThe Town Manager or his/her designee shall
attend all meetings of the Selectboard. Board of Selectmen, except when the Manager's
removal is being considered, and The Town Manager or his/her designee shall keep the
Selectboard them informed of the financial condition and future needs of the Town and shall
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term of two (2) years.
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Deleted: One grand juror.
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Deleted: A cemetery commissioner if the
town has so voted for a term of five (5) years.
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make such reports as may be required by law, this article, or ordinance, or which may be
requested by the selectmen.
Sec. 603. Town meeting and budget (The markup removes a comma in the last sentence.)
The budget shall be approved or rejected by the legal voters at the annual Town meeting. In the
event of rejection of the budget by the legal voters, the time and place of the next special Town
meeting on the budget shall be set by the Selectboard within 30 days.
Section 702 – To be further reviewed by Selectboard based upon new information.
Sec. 702. Penalty
(a) As soon as practicable after the close of the due date for each installment, the Clerk shall
forward all accounts then remaining unpaid to the tax collector Town Treasurer together
with a warrant for the collection of such accounts in the form prescribed by law. All such
delinquent accounts shall be payable only to the Town of Colchester tax collector.
Accounts forwarded to the Town Treasurer the tax collector shall bear interest at the
maximum amount allowed by state statute. In addition, a fee of determined by Selectboard
policy and eight(8) percent of the original tax due shall be charged as the tax collector's fee
together with any reasonable attorney fees and court costs incurred in the collection of any
delinquent accounts. All such charges, fees, interest and other additional amounts shall be
cumulative and accrue at the times and in the manner herein specified.
(b) The Town Treasurer tax collector shall have all the powers which tax collectors of towns
have under the general law of the state, including but not limited to the power to levy on
personal property, bring actions of law, conduct tax sales, and bring petitions for foreclosure
of tax liens. Such acts shall be done in the name of the Town of Colchester and in the
manner provided such general law, except as modified by any provision of this charter.
Sec. 101. Corporate existence retained.
The area within the current boundaries of the Town of Colchester shall continue to be a
municipal corporation by the name of the Town of Colchester.
The inhabitants of the Town of Colchester, within the corporate limits now established, shall
continue to be a municipal corporation by the name of the Town of Colchester.
Sec. 103. Powers of the town.
(a) The Ttown shall have all the powers granted to towns by the Constitution and laws of the
state together with all the implied powers necessary to carry into execution the powers
granted; it may enact ordinances consistent with the Constitution and laws of the State of
Vermont or with this Charter, and impose penalties for violations thereof not in excess of a
fine of one hundred dollars ($100.00) together with the costs of prosecution, or
imprisonment for not more than sixty (60) days or both.
(b) To promote the health, safety, welfare and convenience of the town, the Town may adopt,
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amend, repeal and/or enforce ordinances or rules for any purposes authorized by law. Such
violations of rules or ordinances shall be designated as either criminal or civil, but not both.
The Town of Colchester may adopt, amend, enforce and repeal ordinances relating to any
aspect of municipal concern for the peace, order, health, safety, comfort, protection,
morality and general welfare of the town and of its citizens.
(c) The Ttown may acquire real property within or outside its corporate limits for any Ttown
purpose, in fee simple or any lesser interest or estate by purchase, gift, devise, lease or
condemnation, or without its corporate limits by purchase, gift, devise, lease, with
approval of the voters, consistent with the Constitution and laws of the State of Vermont,
and may sell, lease, mortgage, hold, manage and control such property as its interests may
require.
.
e. The Ttown may merge with political or municipal subdivisions within its boundary after
approval of the voters in elections to be held by both the town and political or municipal
subdivision involved.
Sec. 403. Oath; bond.
Before entering upon official duties, the manager shall be sworn to the faithful performance of
those duties by the town clerk.
Sec. 404. Powers and duties.
(a) The manager shall carry out the policies laid down by the board of selectmen and to that
end the manager shall be the chief executive officer and the head of the administrative branch of the
town government and shall be responsible to the board of selectmen for the efficient administration
thereof.
(b) (b) Unless otherwise excused by the Selectboard, tThe Town Manager or his/her designee
shall attend all meetings of the Selectboard. Board of Selectmen, except when the Manager's
removal is being considered, and The Town Manager or his/her designee shall keep the
Selectboard them informed of the financial condition and future needs of the Town and shall
make such reports as may be required by law, this article, or ordinance, or which may be
requested by the selectmen. The manager shall make such other reports and
recommendations as the manager may deem advisable, but shall not vote. The manager shall
perform such other duties as may be prescribed by this Charter, or required of the manager by
law, ordinance or resolution of the selectmen not inconsistent with this Charter.
(k) The manager shall have authority to appoint, fix the salary of, suspend and remove all
employees of the town, including the Town Clerk and Treasurer, subject to the provisions of this Charter.
The manager shall obtain the advice and consent of a majority of the selectmen before appointing or
fixing the salary of the head of any department which includes the Town Clerk and Treasurer.
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Deleted: <sp>By approval of the town
voters, the Town may acquire real property
without its corporate limits for any town
purpose, in fee simple or any lesser interest
or estate by purchase, gift, devise, or lease
consistent with the constitution and laws of
the State of Vermont, and may sell, lease,
mortgage, hold, manage and control such
property as its interests may require
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Deleted: and shall give a bond to the town in such
amount and with such sureties as the selectmen
may require.¶
(n) The Town Manager shall be responsible for the town cemeteries and will manage, maintain
and operate them with the advice and assistance of a cemetery advisory committee appointed
by the Selectboard. The duties and responsibilities of this committee are established by the
Town Manager and approved by the Selectboard.
Ordinance section (original charter and manager’s recommendations in tracked change format.
Sec. 106. Introduction; first and second readings; public hearing.
(a) Every ordinance, repeal of an ordinance or amendment to an ordinanceshall be
introduced in writing. The enacting clause of all ordinances shall be: "The Selectboard of the Town of
Colchester hereby ordain.". If the Selectboard pass the proposed ordinance upon first reading, they shall
cause it to be published in its entirety or a concise summary of it in the Selectboard’s designated
newspaper of general circulation in the town at least once, together with a notice of the time and place,
when and where there will be a public hearing to consider the same for final passage. The first publication
shall be at least fifteen (15) days prior to the date of said public hearing. The public notice should include a
concise summary of the ordinance with the name of the town; the town’s website address; the type of
proposal-new, repeal or amendment; title of the ordinance; purpose of the ordinance; either principal
provisions, table of contents or list of section headings; date, time and place of the public hearing; how
and who to submit comments on the proposal; where and how a full text may be obtained and how
citizens may overrule the ordinance in accordance with section ---. The public notice shall be posted in at
least five (5) public places, and posted on the town’s website.
(b) At the time and place so designated or at any time and place to which the hearing may
from time-to-time be adjourned, such ordinance shall beavailable in written form for the public, and after
such reading, all persons interested shall be given an opportunity to be heard.
Sec. 107. Further consideration; final passage.
After the hearing, the selectmen may finally pass such ordinance with or without amendment, except that
if the selectmen make an amendment that constitutes a substantial change in concept, meaning or extent
they shall cause a summary of the amended ordinance to be published at least once together with
a notice of the time and place of a public hearing at which such amended ordinance will be further
considered, which publication shall be at least five (5) days prior to the public hearing. At the time so
designated or at any time and place to which such meeting may be adjourned, the amended ordinance
shall be available in written form for the public, and after such hearing the Selectboard may finally pass
such amended ordinance, or again amend it subject to the same procedure as outlined herein.
Sec. 108. Effective date.
Every ordinance shall become effective twenty-one (21) days after passage unless a petition is
filed in accordance with Section 305 of this Chapter; or, if the ordinance is conditioned upon approval of
the voters of the town, then upon a favorable vote of a majority of those voting thereon at a meeting duly
warned for the purpose.
Sec. 109. Filing.
The town clerk shall prepare and keep in the town clerk's office the original signed copy of all
ordinances and/or any changes adopted by the selectmen. This original file shall be indexed by subject
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matter and shall note in the record procedural information relating to the enactment of each original or
changed ordinance. The town manager shall arrange for publishing, and updating or codified sets of all
ordinances, for distribution and use by town officials.
