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MUNINET  January 2003

MUNINET January 2003

Subject:

Re: Proposed Changes

From:

Juli Lax <[log in to unmask]>

Reply-To:

Vermont Municipal Government Discussion Network <[log in to unmask]>

Date:

Thu, 30 Jan 2003 08:22:41 -0500

Content-Type:

Text/Plain

Parts/Attachments:

Parts/Attachments

Text/Plain (106 lines)

 John-

I spoke with our rep Robert Dostis yesterday, and he was very supportive,
and will talk to our other rep Val Vincent.

I am going to forward him your email so he and Val have the exact verbage-

Thanks

Juli

-------Original Message-------

From: Vermont Municipal Government Discussion Network
Date: Wednesday, January 29, 2003 3:59:25 PM
To: [log in to unmask]
Subject: Proposed Changes

I am sending this out again as I am not sure how many of you were able to
receive it through the VMCTA Listserve. Please give me your comments.
John
AN ACT RELATING TO TOWN CLERK FEES AND DIGITAL RECORDS
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1.  32 V.S.A.  1671 is amended to read:
 1671.  TOWN CLERK
(a)  For the purposes of this section, a "page" is defined as a single side
of a leaf of paper on which is printed, written, or otherwise placed
information to be recorded or filed, or one page recognized by computer
software on which a digitally-imaged record has been stored.  The maximum
covered area on a page shall be 71/2 inches by 14 inches.  All letters shall
be at least
one-sixteenth inch in height or in at least eight point type.
Unless otherwise provided by law, the fees to town clerks shall be as
follows:
* * *
(6)  For the recording or filing, or both, of any document that is to become
a matter of public record in the town clerk's office, or for any certified
copy of such document, a fee of $7.00 $8.00 per page shall be charged;
(7)  For uncertified copies of records and documents on file, or recorded,
regardless of format, a fee of $1.00 per page shall be charged, with a
minimum fee of $2.00; however, copies of minutes of municipal meetings or
meetings of local boards and commissions, copies of grand lists and
checklists and copies of any public records that any agency of that
political subdivision has deposited with the clerk shall be available to the
public at actual cost;
(8)  For survey plats filed in accordance with chapter 17 of Title 27, a fee
of $6.00 $16.00 per 11 inch by 17 inch sheet, $8.00 $18.00 per 18 inch by 24
inch sheet, and $10.00 $20.00 per 24 inch by 36 inch sheet shall be charged.
(b)  A schedule of all fees shall be posted in the town clerk's office.
(c)  The legislative body may create a restoration preservation and digital
imaging reserve fund of no less than $0.50 $1.00 per page and no more than
$1.00 $2.00 per page from recording fees established under subdivisions
(a)(1) and (6) of this section.  The restoration preservation and digital
imaging reserve fund shall be used solely for restoration, preservation, and
conservation, and digital imaging of municipal records.  If a municipality
has previously established the fund, no additional action will be required.
(d)  A legislative body may establish or abolish a restoration preservation
and digital imaging reserve fund only by affirmative vote at a legally
warned meeting of the legislative body.  Nothing in this section shall
preclude a municipality from committing funds to a restoration preservation
and digital imaging reserve fund in addition to those funds in subsection
(c) of this section.
Sec. 2.  24 V.S.A.  1154 is amended to read:
 1154.  RECORDS; PHOTOCOPIES AND DIGITAL IMAGING
(a)  A town clerk shall record in the land records, at length or by accurate
 legible photocopy, in books to be furnished by the town:
(1)  deeds;
(2)  instruments or evidences respecting real estate;
(3)  writs of execution, other writs or the substance thereof, and the
returns thereon;
(4)  hazardous waste site information and hazardous waste storage, treatment
and disposal certifications established under 10 V.S.A. chapter 159;
(5)  underground storage tank information under 10 V.S.A. chapter 59;
(6)  municipal land use permits (as defined in section 4303 of this title)
or notices of municipal land use permits, as provided for in subsection (c)
of this section, notices of violation of ordinances or bylaws relating to
municipal land use, and notices of violation of municipal land use permits;
(7)  denials of municipal land use permits;
(8)  permits, design certifications, installation certifications, and other
documents required to be filed by the provisions of 10 V.S.A. chapter 64 and
the rules adopted under that chapter;
(9)  other instruments delivered to the town clerk for recording.
(b)  A temporary permit (if defined by the bylaws of the municipality) is
not required to be recorded.
(c)  A notice of a municipal land use permit or a notice of violation
specified in subdivision (a)(6) of this section may be recorded, and if such
notice is recorded, it shall list:
(1)  as grantor, the owner of record title to the property at the time the
municipal land use permit or notice of violation is issued;
(2)  as grantee, the municipality issuing the permit, certificate, or notice

(3)  the municipal or village office where the original, or a true, legible
copy of the municipal land use permit may be examined;
(4)  whether an appeal of such permit, certificate, or notice has been taken

(5)  tax map lot number or other description identifying the lot.
(d)  The town clerk shall keep in each book of record an index of reference
to the instruments or records in that book.
(e)  In addition to the requirements of this section, a town clerk may elect
to create a digital image of any record listed in subsection (a) of this
section.  The town clerk may provide copies of a digitally-imaged record in
a paper or electronic format in lieu of an uncertified copy of the
officially recorded document for a fee provided in subdivision 1671(a)(7) of
Title 32.

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