ARTICLE IV. - BOARDS, COMMISSIONS AND COMMITTEES

Footnotes:

--- (4) --- Cross reference— Harbor Commission Advisory Committee, § 8-91 et seq.; board of fire engineers, § 12-56 et seq.; historic district commission, § 14-4; recreation board, § 18-41 et seq.; platting board of review, § 26-6; board of tax assessment review, § 27-41 et seq.; zoning board of review, § 28-408.

DIVISION 1. - GENERALLY#

Sec. 2-91. - Minutes of boards, commissions and committees.#

All boards, commissions and committees responsible to the town council shall keep written minutes and furnish copies of the same to the town council on a monthly basis.

(Code 1972, § 2-2)

Sec. 2-92. - Employees.#

No member of a board or commission, or agent thereof, may hire an individual to work for the board or commission in an administrative capacity, staff position or service employment position, if such individual is a member of the board or commission member's immediate family. Immediate family is defined as spouse, mother, father, sister, brother and children.

(Code 1972, § 2-31)

Secs. 2-93—2-110. - Reserved.#

DIVISION 2. - JOINT WATER AUTHORITY#

Sec. 2-111. - Joint water authority.#

(a)

There is hereby created a joint water authority for the towns of Barrington, Warren and Bristol. Such water authority shall be composed of nine members who shall hold office until their successors shall have been appointed and shall have qualified. Three members shall be appointed by each of the town councils of the respective towns, and the water authority shall be organized and shall function under, and shall exercise the powers and be subject to the duties and obligations imposed by, the public law of the state adopted March 15, 1945, entitled "An Act authorizing the Creation of One or More Water Authorities by the Towns of Barrington, Warren and Bristol, or Any One or More of the Said Towns."

(b)

The water authority shall file such written reports on such dates or within such periods as each of the several town councils shall ordain, in furtherance of the joint action hereby undertaken.

(Code 1972, § 2-3)

Secs. 2-112—2-130. - Reserved.#

DIVISION 3. - JUVENILE HEARING BOARD#

Sec. 2-131. - Established.#

There is hereby established within the town a juvenile hearing board with the powers set forth in this division for the purpose of hearing all cases referred to such board by the chief of police of the town with respect to persons resident in the town, under the age of 18, who are charged with violating the criminal laws of the state or the town.

(Code 1972, § 2-51)

Sec. 2-132. - Composition.#

The membership of the juvenile hearing board shall consist of five members and one alternate, all of whom shall be persons over the age of 18 years, to be appointed by the town council, all of whom shall have been resident for at least three years within the town. The town council shall appoint one member whose term shall expire on December 30, 1986, and thereafter until his successor is appointed and qualified two members whose terms shall expire on December 30, 1987, and thereafter until their successors are appointed and qualified, and two members whose terms shall expire on December 30, 1988, and thereafter until their successors are appointed and qualify. The town council shall appoint an alternate member whose term shall expire on December 30, 2003, and thereafter until a successor is appointed and qualifies. During the month of December, and annually thereafter, the town council shall appoint members to succeed the members whose terms will then next expire, to serve for a term of three years, commencing on January 1, and thereafter until their successors are appointed and qualified. In the event of a vacancy occurring in the office of a member by death, resignation or otherwise, such vacancy shall be filled in like manner as the original appointment, but only for the remainder of the term of the former member. No member of the juvenile hearing board shall be entitled to receive any compensation by reason of his service on the board.

(Code 1972, § 2-52; Ord. No. 2001-4, 1-24-01; Ord. No. 2001-06A, 3-7-01)

Sec. 2-133. - Powers and duties.#

The juvenile hearing board shall hear all cases referred to it by the chief of police and shall determine whether there is reasonable cause to believe that the person so referred has committed the offense alleged and whether such person should be disciplined as a result thereof. A further condition of referral is that the juvenile agrees to his involvement in the incident and waives his rights. In making such determination, the juvenile hearing board shall not be bound by the customary rules of evidence, and may consider all probative and relevant evidence whether or not such evidence would be admissible in a court of competent jurisdiction. In those cases in which the juvenile hearing board shall determine that there is reasonable ground to believe that the offense was committed by the person so charged and that such person should be disciplined, it shall recommend sanctions (other than incarceration) and shall direct restitution for any injuries resulting from the commission of such offense. In those cases in which the board shall order restitution, it shall attempt to assist the juvenile offender and his parents in providing a means whereby the offender may make such restitution including, without limiting the generality of the foregoing, attempting to provide with cooperation of the town administrator or the superintendent of schools suitable employment by the town. In any such proceeding the juvenile hearing board, prior to imposing sanctions, shall request the juvenile offender and his parents to agree to the sanctions imposed, and the amount of restitution and manner of making the restitution. In ordering restitution, the juvenile hearing board shall take into account the juvenile offender's ability to pay, and the amount of actual damage caused as a result of the commission of such offense.

(Code 1972, § 2-53)

Sec. 2-134. - Hearings.#

The juvenile hearing board shall meet not less than once each month. It shall give notice of the matters to be heard before it, to the chief of police, the juvenile officer and the juvenile offender and his parents, not less than seven days prior to the date of the hearing. Any juvenile offender shall be entitled to be represented by counsel and present evidence in his behalf. A majority of the members of the juvenile hearing board shall constitute a quorum, and its proceedings shall be closed to the public except that the juvenile hearing board may, with the consent of such juvenile, and his legal guardians, transact its business in public. The juvenile hearing board shall elect one from its members as its chairperson, and one as its vice-chairperson and one as its secretary. In the absence of the chairperson the vice-chairperson shall be the presiding officer. A majority of the members present shall be required to take any action. The juvenile hearing board shall have the power from time to time to draft rules governing its proceedings or to amend or repeal any rules theretofore adopted.

(Code 1972, § 2-54)

Secs. 2-135—2-150. - Reserved.#

DIVISION 4. - REDEVELOPMENT AGENCY#

Sec. 2-151. - Established.#

In accordance with Rhode Island General Law 45-31-12, there is established hereby a redevelopment agency which shall consist of eight members who are residents of the community, five members of which shall be regular voting members whose tenure shall be in accordance with section 45-31-13 of the Rhode Island General Laws and three members of which shall serve as alternate members whose term of appointment shall be two years.

(Code 1972, § 2-41; Ord. No. 2005-36, 9-21-05)

Sec. 2-152. - Purposes.#

The redevelopment agency shall have the following purposes: (1)

To provide assistance to the town council, town administrator, and director of community development in attracting and retaining industry and commerce.

(2)

To administer CDBG business loans in coordination with the CDBG program manager, including investigating and processing all applications for loans, the recommendation of the terms and conditions of such loan with respect to each potential recipient, and the preparation of legal instruments and documents necessary to protect the funds loaned by the town.

(Code 1972, § 2-42; Ord. No. 2005-36, 9-21-05)

Sec. 2-153. - Powers and duties.#

(a)

Agency body. As the redevelopment agency may be requested from time to time by the town council, such agency shall submit to the town council an evaluation of the state of the town's economy and a comprehensive economic development strategy to survey the overall condition of the town from the standpoint of determining whether the town has the climate and furnishes the services and facilities that are conducive to industrial and economic expansion, and to recommend goals and objectives for economic development, identify the town's assets, and identify real estate that would be realistic sites for industrial development. The strategy for economic development should include proposals for the best way to develop new industrial parks, and the best way to develop old, existing industrial areas into renovated industrial parks. The strategy should give consideration to the proper role for the town's waterfront, tourism, commercial development, downtown revitalization, apartment development and industrial development. The strategy should include recommendations as to the type of industries best suited to the town. As may be requested from time to time by the town council, such agency shall provide the town council with recommended site development plans and/or specific action plans to accomplish projects related to the town's economic development. As may be requested from time to time by the town council such agency shall provide the town council with advisory opinions on applications for zone changes pertaining to the town's economic development. To facilitate and expedite a developer's application, the agency will meet with the planning board to review and evaluate proposed zone changes. As may be requested from time to time by the town council such agency shall provide the town council advisory opinions on requests for any incentives, subsidies, tax abatements, or other assistance to promote industrial or commercial relocation or expansion.

(b)

Administration of loans. Loans may be administered as follows:

(1)

As may be requested from time to time by the town council the redevelopment agency in coordination with the CDBG program manager shall provide the town council with recommendations as to recipients for loans with specific reports concerning the applicants for such loans and including any terms and conditions which the redevelopment agency feels should be placed on any loans for the benefit of the town.

(2)

The redevelopment agency shall also submit to the town council certain guidelines concerning any and all loan applications and the loan application process. Such guidelines shall be submitted to the town council for its approval and shall include the following requirements:

a.

All loans must be repaid at an interest rate to be determined by the town council in compliance with federal and state law.

b.

The town must have a secured position with respect to each loan and shall have a mortgage on any and all real estate and a security interest on any property, equipment or any other collateral of any recipient.

c.

The recipient must pay all fees associated with the loan including title search, legal documents and collection fees.

d.

A bank account for repayments of such loan shall be established by the town treasurer, and such account shall earn interest.

e.

All such funds collected by the redevelopment agency shall be reported on a quarterly basis to the town council.

f.

The redevelopment agency shall review progress to evaluate conformance with originally stated purposes and projected hiring levels with respect to any and all loans granted to businesses.

g.

If the recipient fails to comply with the conditions of loan, then such default shall be reported to the town council immediately, and such measures or remedies reserved by the town shall be recommended by the redevelopment agency to town council at such time.

h.

All such loans shall be reviewed by the redevelopment agency every 90 days, and a report shall be submitted with any and all recommendations to the town council.

i.

The redevelopment agency has the right and duty to appraise any and all equipment or property offered as security for a loan and cost of such appraisal shall be borne by the applicant and/or recipient.

j.

Loans are not to be used for venture capital but must be used to expand existing plant or increase number of jobs in existing business.

(Code 1972, § 2-43; Ord. No. 2005-36, 9-21-05)

Sec. 2-154. - Redevelopment area established.#

A redevelopment area is established pursuant to G.L. 1956, § 45-32-4 and § 45-32-11, and comprises an area within the downtown area bounded by the following: • Centerline of Franklin Street, to the north,

• Centerline of Hope Street, to the east,

• Centerline of Constitution Street, to the south, and

• Bristol Harbor to the west.

(Ord. No. 2005-41, 10-26-05)

Sec. 2-155. - Redevelopment plan (Downtown) adopted.#

A redevelopment plan for Downtown Bristol is adopted pursuant to G.L. 1956, § 45-32-4 and § 45-32-11, which was prepared by the Bristol Redevelopment Agency through a study entitled Town of Bristol, Redevelopment Plan for Downtown Bristol, as amended, and is designated as Official Redevelopment Plan Number 2005-1 and is further amended as of October 25, 2006.

(Ord. No. 2005-42, 10-26-05; Ord. No. 2006-37, 11-15-06)

Secs. 2-156—2-160. - Reserved.#

DIVISION 5. - COMMISSIONERS OF THE CEMETERIES#

Footnotes:

--- (5) --- Editor's note— Ord. No. 2005-40, adopted Oct. 12, 2005, amended former Div. 5, §§ 2-161—2-172, and enacted a new Div. 5 as set out herein. The former Div. 5 pertained to similar subject matter and derived from Code 1972, §§ 6.1-21—6.1-32; Ord. No. 1998, adopted June 3, 1998.

Sec. 2-161. - Appointment and term.#

The North and East Burial Grounds both shall hereafter be under the care and control of an administrative body consisting of five persons, to be called commissioners of the cemeteries and appointed by the town council for staggered terms of five years, with an appointment expiring each January. The town council may appoint an auxiliary commissioner to serve for a five-year term who shall sit as an active member in the event of a temporary vacancy at the discretion of the chairman of the commission.

(Ord. No. 2005-40, 10-12-05; Ord. No. 2007-41, 1-2-08)

Sec. 2-162. - General duties.#

(a)

The commissioners shall have the general oversight, maintenance and care of the cemeteries, shall keep the grounds in proper order; prevent, if possible, any injury to existing monuments, trees, shrubbery and flowers in the cemeteries; prevent animals, people and vehicles from running at large in the cemeteries by day or night; and see that the walls and fences around the cemeteries are at all times in good repair.

(b)

The commissioners may, by majority vote, establish rules and regulations, applicable to all land, memorials and structures contained within the cemeteries, which are necessary to ensure public health, safety and welfare. Such rules and regulations shall provide a procedure for petitions to the commission for relief from the regulations which procedure shall not be inconsistent with this article or state law. Commission rules and regulations will become part of this article after approval by the town council.

(c)

It shall be the duty of the commissioners and the superintendent to review all applications regarding interment, disinterment, or other ground altering activity, the construction of any structure and the placing of any memorial within the cemeteries. In reviewing said applications the commissioners and superintendent shall give consideration to the compliance of the applicant with the rules and regulations of the commission.

(Ord. No. 2005-40, 10-12-05)

Sec. 2-163. - Method of engagement.#

The commissioners shall be engaged as other town officers; they shall present to the town council appointing them, proof of their acceptance and engagement, within 30 days from their appointment, and on failure so to do, the council may elect others in their stead.

(Ord. No. 2005-40, 10-12-05)

Sec. 2-164. - Superintendent and other personnel.#

The commissioners shall hire a superintendent of the cemeteries and the superintendent shall serve at the pleasure of the commissioners. The commissioners may hire from time to time any additional personnel they may deem necessary to carry out the provisions of this article; compensation for the superintendent and hired personnel shall be determined by the commissioners within the funds available.

(Ord. No. 2005-40, 10-12-05)

Sec. 2-165. - Supervision and payment for work on cemetery grounds.#

(a)

All work and labor on said grounds (including work done by lot owners in the interment process) shall be under the supervision of the superintendent, and all expenses incurred by the town and commission for work, labor or materials furnished the grounds shall, before they are paid, be certified by the commissioners and presented to the town finance director for his/her approval and payment.

(b)

In the case if the North Burial Ground, payment will be paid out of funds received from the operation of said cemeteries and all bills contracted for and allowed by the commissioners shall be paid out of the funds and not out of the town treasury unless specially ordered by the town council. In the case of the East Burial Ground, payment will be made out of annual town budget appropriations.

(Ord. No. 2005-40, 10-12-05)

Sec. 2-166. - Responsibility for public tomb.#

The commissioners shall have the general care and oversight of the public tomb in the cemeteries and shall set and enforce rules and regulations in regard to the use and maintenance of the tomb.

(Ord. No. 2005-40, 10-12-05)

Sec. 2-167. - Lot and care fees; records.#

The commissioners will recommend prices to be charged for lots and perpetual care in the cemeteries to the town council for approval; and all moneys for the lots shall be paid to the town clerk, who shall account for and pay over to the finance director all sums received from sale of the lots and perpetual care whenever required so to do, and the town clerk is hereby authorized to make and give all lawful receipts and transfers of the lots for the purpose of vesting a title in the purchasers. The town clerk shall keep a record of all lots sold in the cemeteries with the name of the purchaser, the number of the lot on the plat and the amount paid therefor, and the receipt for any lot in the cemeteries shall be given and no entry made on any book or plat of the ground until the fee thereof has been actually paid to the clerk. The town clerk shall at all times maintain a current listing of all plots and their owners, with a copy sent to the superintendent for verification, who will notify the town clerk of any discrepancies.

(Ord. No. 2005-40, 10-12-05)

Sec. 2-168. - Lot boundary disputes; obstruction of pathways.#

The commissioners shall, in the first instance, settle all disputes in regard to the lines and boundaries of the lots in the cemetery. The superintendent shall attend to the location of graves and monuments, and shall see that the pathways around the lots are not intruded upon or obstructed in any way.

(Ord. No. 2005-40, 10-12-05)

Sec. 2-169. - Disinterment.#

No human remains shall be disinterred and removed from the cemeteries without the approval by a majority of the commissioners or by court order validated by the town solicitor.

(Ord. No. 2005-40, 10-12-05)

Sec. 2-170. - Enforcement.#

The penalty for violation of this article shall be up to $300.00 for each violation and every day in which a violation is allowed to occur shall be a considered a separate violation.

(Ord. No. 2005-40, 10-12-05)

Sec. 2-171. - Report [to] town council; reimbursement for administrative expenses.#

The town clerk and treasurer shall keep a record of the commission's doings and shall make a report thereof, including an accounting of their receipts and expenditures, to the town council annually on or before January 1 and the town shall receive one of the cemeteries' funds such sum or sums for its administrative services as the town council may deem just and proper.

(Ord. No. 2005-40, 10-12-05)

Sec. 2-172. - Sale of lots limited to current and former residents.#

Cemetery lots in the North Burial Ground and the East Burial Ground are hereafter reserved for current and former residents of the town.

(Ord. No. 2005-40, 10-12-05)

Sec. 2-172.1. - Appeals to the town council.#

Any person aggrieved by a decision of the commissioners under this division of the town code may appeal to the town council. In rendering a decision on the appeal the town council shall consult with the town solicitor on the legality of the decision of the commissioners.

(Ord. No. 2005-40, 10-12-05)

DIVISION 6. - BRISTOL PREVENTION COALITION#

Footnotes:

--- (6) --- Editor's note— Ord. No. 2019-04, adopted May 15, 2019, amended the title of div. 6 from "Substance Aubse Prevention Task Force" to "Bristol Prevention Coalition."

Sec. 2-173. - Created; members; terms; compensation.#

There shall be a substance abuse prevention coalition, which shall function within the town and shall perform the duties and exercise the powers conferred upon it by the town council. The coalition shall consist of not less than five members but no more than 20 members at large who shall be appointed by the town council. Members shall serve for a term of two years and shall serve without compensation. The town council shall serve as voting members of the coalition.

(Ord. No. 1999-14, 6-2-99; Ord. No. 2019-04, 5-15-19)

Sec. 2-174. - Authority.#

(a)

The coalition shall have the authority to adopt bylaws and establish goals and policies consistent with the creation and management of a substance abuse prevention program pursuant to "The Rhode Island Substance Abuse Prevention Act," R.I.G.L. Tit. 16, Ch. 21.2, provided that the same meets with town council approval. The power to adopt rules and regulations with regard to such a program is subject to the town council's approval.

(b)

The coalition may expend funds, within the limits of appropriations or grants therefor, in conformance with its bylaws and subject to approval by the town administrator, provided, however, that all funds collected by the coalition shall be transmitted to the town treasury for distribution.

(c)

There may be a part-time coalition coordinator who shall be appointed by the town administrator on the recommendation of the coalition for a term to be determined on the basis of a contractual agreement. The coalition coordinator shall report directly to the town administrator on the day-to-day operations of the coalition. The coordinator shall attend all meetings of the coalition, act as a resource person to the coalition when consideration and action affecting the substance abuse prevention program is to be made, provide written reports of activities as directed by the town council or the town administrator, and carry out all other duties that may be described in the contractual agreement.

(Ord. No. 1999-14, 6-2-99; Ord. No. 2019-04, 5-15-19)

DIVISION 7. - ECONOMIC DEVELOPMENT COMMISSION#

Sec. 2-175. - Economic development commission.#

The town council recognizes the need to expand the community's tax base and to encourage the development and retention of skilled employment opportunities for local residents. To promote a stable and diversified local economy, the town council may appoint an economic development commission consisting of seven regular members and two alternate members for three-year terms to serve in an advisory capacity to the planning board and the town council. The director of the Mt. Hope Enterprise Zone shall serve as an ex officio member.

The economic development committee shall pursue the following goals: (1)

Encourage the attraction and expansion of industrial and commercial development which is consistent with environmental policies and standards established in the community comprehensive plan and in town ordinances and regulations;

(2)

Develop site criteria for new business development and expansion of existing firms; review specific locations that are most suitable to nonresidential development;

(3)

Recommend strategies to enhance local conditions favorable to the promotion of responsible economic growth;

(4)

Identify potential cooperative ventures with Roger Williams University and other institutions of higher learning to stimulate commercial and industrial development;

(5)

Research federal and state economic development funding assistance programs and services.

(Ord. No. 2008-05, 6-18-08; Ord. No. 2008-25, 10-22-08)