§ 143-902. Water and sewer commissioners

(a) The Town shall have a single Board of Water and Sewer Commissioners consisting of five members whose duties, powers, and authority with respect to the municipal water system and sewer system shall be as established by the law of this State, applicable to boards of water commissioners and boards of sewage disposal commissioners generally, and as specifically provided for in this charter.

(b) Following each annual meeting, the Selectboard shall appoint the members of the Board of Water and Sewer Commissioners, who shall serve until appointments are made to the Board of Water and Sewer Commissioners following the next annual meeting, subject to subdivisions (2)(A) and (B) of this subsection as to any nonselectboard members. Appointments shall be made to the Board of Water and Sewer Commissioners in the following manner:

(1) Appointments shall be made so that there are at least three members who are members of the Selectboard, but who need not be customers of the Town water system or the Town sewer system, and so that there are at least two members, each of whom is a customer of at least either the Town water system or the Town sewer system. A person shall be deemed a customer of the Town water or the Town sewer system if he or she owns property which is connected to either system or owns an interest in an entity which owns property connected to either system.

(2) If appointments cannot be made so as to constitute the Board of Water and Sewer Commissioners in accordance with subdivision (1) of this subsection by appointments solely from members of the Selectboard, the following shall apply:

(A) The Selectboard shall appoint as many non-Selectboard members as are necessary to constitute the Board of Water and Sewer Commissioners in accordance with subdivision (1) of this subsection. Each non-Selectboard member shall be a resident of the Town and a customer of at least the Town water system or the Town sewer system and shall serve at the pleasure of the Selectboard.

(B) If a non-Selectboard member ceases to be a resident of the Town, or ceases to be a customer of at least the Town water system or the Town sewer system, or the office otherwise becomes vacant, the Selectboard shall fill the vacancy with a Selectboard member or a non-Selectboard member who is a customer of at least the Town water system or the Town sewer system to serve until an appointment is made to the Board of Water and Sewer Commissioners following the next annual meeting.

(C) If a Selectboard position on the Board of Water and Sewer Commissioners becomes vacant, the Selectboard shall fill the vacancy with another Selectboard member who need not be a customer of either the Town water system or Town sewer system to serve until an appointment is made to the Board of Water and Sewer Commissioners following the next annual meeting.

(D) Notwithstanding any provision of this subsection, if within 45 days following an annual meeting, the Selectboard does not fill a requisite nonselectboard position on the Board of Water and Sewer Commissioners, the Selectboard shall fill the position with a Selectboard member, regardless of whether he or she is a customer of either the Town water system or the Town sewer system.

(c) In addition to those powers, duties, and responsibilities imposed by law upon boards of water commissioners and sewage disposal commissioners, the Board of Water and Sewer Commissioners shall:

(1) exercise control over, administer, manage, and operate the municipal water and sewage disposal systems of the Town as presently constituted or as may be enlarged hereafter; and

(2) establish rates and charges for water and sewage disposal services provided by the Town. (Amended 2005, No. M-10 (Adj. Sess.), § 15, eff. May 1, 2006.)