Chapter 2 - ADMINISTRATION

Part of the Code of Ordinances of Burrillville, RI.

Local law · Updated March 25, 2026 · 896 sections

The text

Footnotes:

--- (1) --- Cross reference— Courts, ch. 11; police, ch. 18; redevelopment agency, ch. 19; taxation, ch. 25.

ARTICLE I. - IN GENERAL#

Secs. 2-1—2-25. - Reserved.#

ARTICLE II. - TOWN COUNCIL#

Footnotes:

--- (2) --- Editor's note— For composition and authority of the town council, see article III of the town Charter.

Charter reference— Form of government, § 1.02; town council, art. III.

State Law reference— Town councils, G.L. 1956, § 45-5-1 et seq.

Sec. 2-26. - Conduct of town council meetings.#

All town council meetings shall be conducted, consistent with the town council's rules of order, as amended from time to time, in the following manner: (1)

Rule 1—Meetings.

Regular meeting. The regular meeting of the town council shall be held on the second and fourth Wednesdays of the month within the confines of the Town of Burrillville, in accordance with section 3.12 of the Charter.

Councilors who must be absent from regular meetings of the town council should inform the council prior to the meeting, whenever possible.

Councilors asking to be excused shall notify the council president or town clerk.

Special meetings. Special meetings shall be called by the town clerk on the request of the town council president; or as otherwise provided in section 3.13 of the Charter.

Workshops. Workshop sessions shall be called by the town clerk on the request of the town council president. A work session is a meeting of the town council that may include other officials, bodies, agencies or groups. The primary purpose of a work session is to obtain information and exchange ideas rather than to take formal action. Consequently, work sessions are open to the public, but participation is limited to officials, bodies, agencies, groups or individuals invited to participate by the town council. Unless an emergency exists, no official vote on any business may be taken at a work session or informational meeting. If such a vote is taken, the same motion shall be placed on the agenda of the next regular meeting for ratification.

Public hearings. The main purpose of most public hearings is to obtain public testimony or comment. Both proponents and opponents of the proposal are allowed to speak. The town council president may administer oaths to those persons providing testimony at public hearings.

Time of hearings. Notice of all public hearings shall be posted in accordance with the Rhode Island Open Meetings Act and all other applicable state and local laws and ordinances. Public hearings shall be included as part of the regular business of the town council at any regular meeting unless scheduled otherwise by vote of the town council or at the call of the town council president.

Order of business. The order of business for a public hearing may vary, depending upon the type of hearing that is being conducted. The town clerk, under the direction of the town council president, shall list the order of business for public hearings on the appropriate agenda, whether that be a regular meeting agenda or an agenda for a public hearing scheduled by vote of the town council or at the call of the town council president.

(i)

Comments/input from applicant(s)/sponsor(s)/petitioner(s) (as applicable);

(ii)

Comments/input/recommendations from the ordinance subcommittee;

(iii)

Comments/input/recommendation by administration; solicitor, town manager and administrative staff;

(iv)

Proponents;

(v)

Opponents;

(vi)

Closure of the public hearing;

(vii)

Town council deliberation;

(viii)

Vote/decision;

(ix)

Adjournment.

Time limits for oral argument. While these rules do not set forth a specific time limit for comments, the town council president retains the authority to limit the amount of time allotted to each speaker. The town council president will state the rules relative to time limits at the opening of the public hearing.

Rules regarding public testimony.

(i)

All speakers must give their names and addresses.

(ii)

All comments should be addressed to the council president, should be relevant to the subject of the public hearing, and should not be of a personal nature.

(iii)

Speakers should avoid repeating comments made by other speakers or becoming repetitive themselves.

(iv)

If there are a large number of speakers, including many who are part of groups or organizations, a representative should speak on behalf of the organization or group.

Emergency Meetings. In accordance with the Rhode Island Open Meetings Act, "Upon a vote by a majority of the public body, an emergency meeting may be convened 'to address an unexpected occurrence that requires immediate action to protect the public'."

(2)

Rule 2—Presiding officer; duties.

Conduct of meeting. The presiding officer at all meetings of the council shall be the president of the town council, or in the president's absence, the vice president, who shall conduct the business and deliberations of the council under these rules. The town council president and vice president shall be elected in accordance with section 3.08 of the Charter. The town council president shall:

Preserve order and decorum in the council chambers;

Observe and enforce all rules adopted by the council for its government;

Decide all questions on order, in accordance with these rules, subject to appeal by any member to the council;

Recognize any councilor who seeks the floor when that councilor is appropriately entitled to do so. Any councilor wishing to speak must first obtain the floor by being recognized by the town council president. No member shall be recognized and given the floor to speak on the same matter more than once until after all other members of the council have had an opportunity to be recognized and be heard.

Retain the authority, during public comment, to determine whether a speaker's remarks fail to comply with these rules. The town council president shall have the authority to suspend such person's right to speak, subject to the council's right to overrule such decision. The town council president, as a member of the council shall be governed in all matters and issues by the same rules and restrictions as other councilors.

Questioning.

Any member of the council shall have the right to question any individual, including members of the staff, on matters germane to the issue properly before the council for discussion.

Potential disciplinary or personnel matters of the administrative staff shall be referred to the town manager and not discussed publicly.

Agenda items taken out of order. The town council president may, without the necessity of any vote, call for the agenda items out of the prescribed "Order of Business."

(3)

Rule 3—Remarks and debates.

Speaking to motion. Any councilor wishing to speak must first obtain the floor by being recognized by the town council president. No member shall be recognized and given the floor to speak on the same matter more than once until after all other members of the council have had an opportunity to be recognized and be heard. After the motion is put and before the next item is read, a member shall be able to speak briefly to the previous motion.

Courtesy. All speakers, including members of the council, in the discussion, comments, or debate of any matter or issue, shall be courteous in their language and deportment and shall not engage in argumentative, contemptuous or disorderly behavior, or discuss or comment on personalities, or indulge in derogatory remarks or insinuations in respect to any other member of the council, or any member of the staff or the public, but shall at all times confine their remarks to those facts which are germane and relevant, as determined by the town council president, to the question or matter under discussion.

Remedy. The council shall have the power to impose punishment on its members, short of removal of office, for violation of these rules. If a member of the council shall breach these rules, the town council president shall call such member to order, in which case such member shall be silent except to explain or continue in order. Additional consequences may include a verbal admonition, written reprimand, censure, expulsion from the meeting at which the conduct is occurring, or removal of the councilor from the council committee chair positions or committee memberships. Expulsion for such behavior in the council's presence shall require the affirmative vote of a majority of the council, specifying in the order of expulsion the cause thereof.

Town manager. The town manager shall have the right to enter into a discussion of any matter coming before the council.

(4)

Rule 4—Order of business.

Order of business. The order of business shall be as follows:

Pledge of allegiance;

Public comment;

General good and welfare of the Town of Burrillville;

Consent agenda**;

Petitions;

Special business;

Public hearings;

Unfinished business;

New business;

10.

Town clerk/communication;

11.

Reports to be received*;

12.

Additional new business;

13.

Adjournment.

*Reports shall be received monthly and not at each regular meeting of the town council.

**Consideration of minutes shall be part of the consent agenda even if there are no other items on the consent agenda.

Recess. The town council president may call a recess during any regular or special meeting.

(5)

Rule 5—Executive session.

The town council shall follow the letter and the spirit of the Rhode Island Open Meetings Act.

The town council may meet in executive session upon request by the town solicitor, town manager, or any member of the town council.

Electronic devices:

No recording devices of any kind shall be allowed during executive session, with the exception of the equipment used to make an official record of the session.

Listening devices provided to the hearing impaired or for other reasons shall not be removed from the meeting room during an executive session.

Personnel matters involving administrative staff shall only be considered as prescribed by the town Charter, town ordinances, the Rhode Island Open Meetings Act, employee contracts, collective bargaining agreements and personnel policies and procedures.

The Open Meetings Act requires that discussions related to job performance, character, or physical or mental health of a person, which includes administrative staff, shall be conducted only after the person is notified in writing and given an opportunity to have the matter discussed in a public session.

Councilors shall keep confidential all written materials and verbal information provided to them relative to executive sessions until such time as the matter is disclosed publicly, under provisions of the Rhode Island Open Meeting[s] Act.

(6)

Rule 6—Agenda.

The town clerk, under the direction of the town council president, shall prepare the agenda for each session of the council in regular order in accordance with these rules. Such agenda shall include all matters requested by any councilor, the town manager or the town solicitor.

The town council president shall coordinate with the town clerk as to which items submitted by residents, organizations or other individuals shall be included on any agenda.

Proclamations shall be requested through and sponsored by a councilor. Residents, organizations and other individuals requesting a proclamation will be referred to a member of the town council.

Any request for an item to be placed on the agenda must be submitted to the town clerk no later than 4:00 p.m. on the Thursday before a Wednesday meeting. Items for consideration by the council should include name, address and telephone number of the person (or contact person(s) for a group asking) to be included on the agenda and should be accompanied by supporting documentation for review by the councilors prior to the meeting whenever possible.

The agenda for regular meetings will be finalized on the Thursday before a Wednesday meeting, and made available for councilors and the general public on Friday morning after 8:30 a.m. Under unexpected or extraordinary circumstances, with the consent of the town council president, the agenda may be amended after Thursday; but under no circumstances, except as provided for emergency meetings, shall the agenda be amended within 48 hours of a scheduled meeting.

The Town of Burrillville will provide accommodations needed to ensure equal participation. Please contact the Burrillville Town Clerk at least three business days prior to the meeting so arrangements can be made to provide such assistance at no cost to the person requesting it. A request for this service can be made in writing or by calling (401) 568-4300 (voice) or "via RI Relay 1-800-745-5555" (TTY).

When the Burrillville Town Council receives a request for support of a resolution from another Rhode Island City or town council or school committee, the town clerk will determine whether the Burrillville Town Council has taken a position on the proposed legislation.

If the town council has not taken a position on the proposed legislation, the resolution will be included on the town council's agenda for consideration and action.

If the town council has previously taken a position, the resolution will be filed without the necessity of presenting the correspondence to the town council. The town clerk, on behalf of the town council, will, in writing, thank the town council or school committee that submitted the resolution.

Consent agenda. When the town council president determines that any item of business requires action by the council but is of a routine and non-controversial nature, the president may cause such item to be presented as part of a consent agenda at a regular meeting of the council. All items on the consent agenda shall be acted on as one item and equivalent to taking the proposed action on each item individually. There will be no separate discussion of these items unless a council member or citizen so requests in which event a motion and a second will be made and the item will then be withdrawn from the consent agenda and placed in the normal sequence on the agenda.

(7)

Rule 7—Public comment.

Items not included on the agenda. The town council appreciates hearing from citizens about items of interest to the community and desires to set aside time at the start of each council business meeting for Public Comment. In accordance with the Rhode Island Open Meetings Act, councilors and/or the town administration may respond to public comments. However, no vote or other action will be taken on an item that has not been included on the agenda unless such item meets the requirements to add the matter to the agenda on an emergency basis.

Public comment on agenda items. It is the practice of the town council to allow for public input on items included on an agenda at the time the matter is taken up by the town council providing the town council president determines that the speaker's comments comply with these rules.

Rules regarding public comment.

The town council president will recognize members of the public after members of the council have had an opportunity to be recognized and be heard.

Speakers are asked to identify themselves by name and address.

Dialogue between members of the audience is not permitted; comment and testimony are to be directed to the council as a whole and to the council president in particular.

It is understood that a person making a request to speak does so on his/her own behalf. For this reason and to guarantee all persons an ample opportunity to be heard, all speakers will be recognized for the same amount of time. No speaker will be allowed to yield part or all of his/her time to another, and no speaker will be credited with time requested but not used by another.

Courtesy. All speakers during public comment, in the discussion, comments, or debate of any matter or issue, shall be courteous in their language and deportment and shall not engage in or discuss or comment on personalities, or indulge in derogatory remarks or insinuations in respect to any member of the council, or any member of the staff or the public, but shall at all times confine their remarks to those facts which are germane and relevant, as determined by the town council president, to the question or matter under discussion.

Remedy. The town council president shall retain authority to determine whether a speaker's remarks fail to comply with these rules or exceed the scope of the designated forum, and the town council president shall have the right to suspend such person's right to speak, subject to the council's right to overrule such decision by a majority vote of the council.

(8)

Rule 8—Standing committees.

The purpose of the committees is to expedite the business of the council by permitting committees to go into details on specific matters.

Standing committees. There are established the following standing committees of the council that shall consist of three members and one alternate member each. The town council shall elect from amongst itself the membership of each committee during the organizational meeting following each biennial election.

Ordinance subcommittee.

Screening subcommittee.

Special committee(s). The council may create any special committee as deemed appropriate, in accordance with section 3.14(H) of the Charter. The council shall specify the objectives of the special committee, and shall set a date on which the special committee shall be deemed dissolved.

Function and Purpose.

The identification of the scope of work of the individual committees, meeting schedules, and meeting locations shall be accomplished by a process of discussion and consensus among the committee members. Committee action on any proposal is strictly advisory to the council. The standing committees shall have no power or authority to commit the Town or to take any binding action on behalf of the whole council.

Committees of the town council may establish their own rules of procedure and order of business. Such rules and order of business, if formally adopted, shall be filed with the town clerk.

Referral. All items for consideration by the standing committees shall have been referred by the town council as a whole prior to the subcommittee taking up an item. The town council president, the town manager or the town solicitor may refer matters to committee if there is a time limit for council action; provided, however, that written notice shall concurrently be placed on the council agenda to enable the council to take such further action as it deems necessary.

Recommendations. It shall be the duty of the standing committee to consider and make recommendations on all matters referred to such committees. Minority reports shall be shown on committee reports/recommendations if requested by said minority with the dissenting votes reflected.

Public Comment.

Standing committees may allow public comment at committee meetings.

The committee chair may invite persons to the committee table for the purpose of providing information necessary to committee business, and explain to those in attendance the reasons for inviting people to the committee table.

All speakers during public comment, in the discussion, comments, or debate of any matter or issue, shall be courteous in their language and deportment and shall not engage in or discuss or comment on personalities, or indulge in derogatory remarks or insinuations in respect to any member of the subcommittee or any member of the staff or the public, but shall at all times confine their remarks to those facts which are germane and relevant, as determined by the subcommittee chair, to the question or matter under discussion.

The subcommittee chair shall retain authority to determine whether a speaker's remarks fail to comply with these rules or exceed the scope of the discussion, and the chair shall have the right to suspend such person's right to speak, subject to the committee's right to overrule such decision.

Staff assignments to committee. The town manager or his designee shall assign staff for each standing committee, who shall prepare the agenda, provide proper notice and prepare minutes.

(9)

Rule 9—Intragovernment communication/interaction.

Solicitor.

The following officials are authorized to contact the town solicitor regarding municipal matters: councilors, acting through the town council president, town manager, town clerk and other department heads as authorized by the town manager.

No member of the town council shall request the legal opinion about town business from the town's appointed attorney(s) without prior approval of the majority vote of the council.

Department Heads. In accordance with the Charter, the town manager is the chief administrative officer of the town. Therefore, councilors who have matters that concern the several and various departments or areas of responsibility under the jurisdiction of the town manager shall address these issues through the town manager.

Confidential information.

In the course of their duties, councilors may receive information through the administration about events in the community that may need to be treated as confidential. Councilors must not use or disclose confidential information.

If a councilor has any doubt whether information should be released to the public or the press, he/she will contact the council president or the town manager for authorization to disclose the information. The town manager or town council president may at his/her discretion, refer the councilor to the chief of police for authorization.

In the case of police matters, councilors will make no public statements to the public or press unless authorized by the public safety director. The public safety director may at his/her discretion refer the councilor to the chief of police or designated police information officer for authorization to make public statement(s).

If a councilor transgresses these rules, the council reserves the right to vote to instruct the administration that the member who transgressed the rule will be excluded from future confidential communications from the administration for a period of time to be established by a majority vote of the town council.

Reserved.

The town manager will coordinate attendance by administrative staff at all meetings of the council and its subcommittees.

The role of a town council liaison shall be to facilitate communications when necessary between a board, commission or agency, and the town council and/or town manager as circumstances may warrant. Liaisons are not required to attend board, commission, or agency meetings but are encouraged to attend and observe as their schedules may permit. A council liaison shall not give direction to a board, commission, agency or staff nor shall a liaison convey information, an opinion or recommendation on behalf of the town council unless the council has formally voted on the subject matter. Nothing herein shall prohibit a council liaison from commenting on a matter before a board, commission or agency during public comment period or at other appropriate times in his or her capacity as an abutter or as a private citizen and the liaison shall state the same for the public record.

(10)

Rule 10—Miscellaneous.

No rule shall be suspended except by a majority vote of councilors present at the meeting, and a motion to suspend a rule is not debatable.

Robert's Rules of Order. On all questions of practice or procedure not provided for by these rules, the practice and procedure set forth in Robert's Rules of Order Newly Revised shall prevail. If there is a conflict, these rules shall supersede Robert's Rules of Order.

Amendments to rules. Amendments to these rules shall be made by resolution.

(11)

Appendix I.

Procedural rules of order. Once the main motion is properly placed on the floor, several related motions may be employed in addressing the main motion, and if properly made and seconded, must be disposed of before the main motion can be acted upon. The following motions are appropriate and may be made by the councilor at any appropriate time during the discussion of the main motion. They are listed in order of precedence. The first three subsidiary motions are not debatable; the last three are debatable.

Subsidiary motions.

Lay on the table. Any councilor may move to lay the matter under discussion on the table. This motion temporarily suspends any further discussion of the pending motion without setting a time certain to resume debate. To bring the matter back before the council, a motion must be adopted that the matter be taken from the table. A motion to take from the table must be made at the same meeting at which it was placed on the table or at the next meeting of the council held within five calendar days of the original meeting. Otherwise the motion that was tabled dies, although it can be raised later as a new motion. A motion to lay on the table is not debatable.

Move previous question. Any councilor may move to immediately bring the question being debated by the council to a vote, suspending any further debate. The motion must be made and seconded without interrupting one who already has the floor. A majority vote of the quorum present is required for passage. A motion to move previous question is not debatable.

Limit or extend limits of debate. Any councilor may vote to put limits on the length of debate. The motion must be made and seconded and requires a majority vote of the quorum present to pass. A motion to limit or extend limits of debate is not debatable.

Postpone to a time certain. Any councilor may move to postpone debate and action on a motion to a date and time certain. A motion to postpone to a time certain is debatable.

Commit or refer. Any councilor may move that the matter being discussed should be referred to staff, a committee, or a commission for further study. The motion may contain directions for the staff, committee, or commission, as well as a date upon which the matter will be returned to the council's agenda. If no date is set for returning the item to the council agenda, any councilor may move, at any time, to require that the item be returned to the agenda. A motion to commit or refer is debatable.

Amend. Any councilor may amend the main motion or any amendment made to the main motion. Before the main motion may be acted upon, all amendments and amendments to the amendments must first be acted upon. An amendment must be related to the main motion or amendment to which it is directed. Any amendment that substitutes a new motion rather than amending the existing motion is out of order and may be so declared by the council president. A motion to amend is debatable.

Motions of privilege, order, and convenience.

The following actions by the council are to ensure orderly conduct of meetings and are for the convenience of the councilors.

These motions take precedence over any pending main or subsidiary motion and may be debated except as noted.

Call for orders of the day. Any councilor may demand that the agenda be followed in the order stated therein. No second is required, and the council president must comply unless the council, by majority vote, sets aside the agenda order of the day. A motion to call for orders of the day is not debatable.

Request for privilege. Any councilor, at any time during the meeting, may make a request to accommodate the personal needs of the council for such things as reducing noise, adjusting room temperature, ventilation, etc. The validity of the request is ruled on by the town council president.

Recess. Any councilor may move for a recess. No second is required, and the town council president must comply unless the council, by majority vote, sets aside the motion.

Adjourn. Any councilor may move to adjourn at any time, even if there is business pending. The motion must be seconded, and a majority vote is required for passage. A motion to adjourn is not debatable.

Point of order. Any councilor may require the council president to enforce the rules of the council by raising a point of order. The point of order shall be ruled upon by the council president.

Appeal. Should any councilor be dissatisfied with a ruling from the council president, he or she may move to appeal the ruling to the full council. The motion to appeal requires a second, and the ruling of the council president may be overturned by a majority vote.

Suspend the rules. Any councilor may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules. The motion requires a second, and a majority vote is required for passage.

Division of question. Any councilor may move to divide the subject matter of a motion which is made up of several parts so that councilors can vote separately on each part. This motion may also be applied to complex ordinances or resolutions.

Reconsider. Except for votes regarding matters that are quasi-judicial in nature or matters that require a noticed public hearing, the council may reconsider any vote taken at the same meeting, but no later than the same or next regular meeting, to correct inadvertent or precipitant errors or to consider new information not available at the time of the vote. The motion to reconsider must be made by a councilor who voted on the prevailing side, must be seconded, and requires a majority vote of the quorum for passage, regardless of the vote required to adopt the motion being reconsidered. If the matter is to be reconsidered at the next regular meeting, a councilor on the prevailing side must ask the town clerk to place the matter on the agenda. If the matter to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters and any special voting requirements related thereto still apply. Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting.

10.

Rescind, repeal, or annul. The council may rescind, repeal, or annul any prior action taken with reference to any legislative matter so long as the action to rescind, repeal, or annul complies with all the rules applicable to the initial adoption, including any special voting or notice requirements or unless otherwise specified by law.

(Ord. of 12-11-2019(1); Ord. of 03-08-2023 (1))

Secs. 2-27—2-50. - Reserved.#

ARTICLE III. - OFFICERS AND EMPLOYEES#

Footnotes:

--- (3) --- Charter reference— Town clerk, §§ 4.01—4.04; town manager, art. V; town solicitor, art. VII; director of finance, § 8.01; town treasurer, § 8.05; purchasing agent, § 8.11; tax assessor, § 8.16; tax collector, § 8.25; health officer, § 12.09; zoning officer, § 12.10; minimum housing officer, § 12.11; town planner, §§ 12.12—12.14; director of emergency management, §§ 15.11, 15.12; sealer of weights and measures, § 18.03; town sergeant, § 18.06; residence of employees, § 19.02; compensation of officers and employees, § 19.08; town employees, § 19.14.

State Law reference— Election and qualification of officers, G.L. 1956, § 45-4-1 et seq.

DIVISION 1. - GENERALLY#

Sec. 2-51. - Indemnification of town officials and employees.#

(a)

Applicability. All town employees, public officials, members of boards, agencies and commissions, councilmembers, members of the school committee and employees of the school department, as well as those persons appointed to any boards, agency or commission by the school committee, shall be indemnified by the town for these actions as described in this section.

(b)

Scope of indemnification; exceptions. The individuals named in subsection (a) of this section shall be indemnified so long as an individual, at the time of the committing of the wrong, was acting within the scope of his official duties or employment, regardless of whether that act was an intentional tort or act, omission or neglect, misfeasance, malfeasance, nonfeasance or any act, omission or neglect, contrary to any violation of the rights of any person; provided, however, that notwithstanding the above, such individual shall not be entitled to indemnification from the town if his act or omission resulted from willful, wanton or malicious conduct.

(c)

Town to provide solicitor, pay judgment, appeal, etc.; exception. If any person as described in this section shall have a claim made against him as a result of any act or omission as described in subsection (b) of this section, then the town shall provide that person with the services of the town solicitor to defend against any such claim; and if any judgment is rendered against such person, then the town shall pay such judgment along with court cost, and other associated expenses; and if the town chooses to appeal any such judgment, then the town shall have the right to pursue such appeal at its sole expense before payment of such judgment; and if a settlement or compromise is to be reached on any such claim, then the town shall review and approve the terms of the proposed settlement or compromise before it shall be obligated to comply with those terms. If the defenses of such persons are in conflict with the interests of the town, then such person may petition the town council to pay for the appointment of another attorney to represent that person, and if the council agrees, the town shall pay that person's attorney's fees; provided, however, that such individual shall not be entitled to any payment from the town to defend such individual in any criminal prosecution.

(d)

Effect of public insurance. If there is public insurance which covers the individual sought to be indemnified, then the town shall be obligated to defend pursuant to this chapter only to the extent that the applicable insurance does not, and to pay only after all insurance proceeds have been exhausted.

(Code 1972, §§ 12-1—12-4)

Sec. 2-52. - Compensation of town council members and school committee members.#

(a)

Compensation.

(1)

Annual compensation for elected officials shall be fixed as follows:

Each member of the town council .....$6,500.00

President of the town council .....$7,000.00

Each member of the school committee .....$4,500.00

Chairperson of the school committee .....$5,000.00

(b)

Benefits.

(1)

An elected official may participate in town/school health insurance plan(s) and/or any town/school benefits plan offered to town/school employees at his or her own cost. Nothing herein shall affect retirement benefits for members of the town council.

(2)

Nothing herein shall prohibit an elected official from being reimbursed for actual expenses incurred in the transaction of official town business.

(c)

Effective dates.

(1)

Provisions of this section shall be effective January 1, 2011 for town councilors elected in the November 2010 general election; and effective January 1, 2013 for town councilors elected in the November 2012 general election or thereafter.

(2)

Provisions of this section shall be effective January 1, 2011 for school committee members.

(Ord. of 6-9-2010(1))

Secs. 2-53—2-55. - Reserved.#

DIVISION 2. - PERSONNEL#

Footnotes:

--- (4) --- Editor's note— An ordinance adopted June 22, 2005, set out provisions numbered as §§ 2-52—2-62. For purposes of reserving section numbers between major components of the Code, and at the editor's discretion, these provisions have been included as §§ 2-56—2-66.

Sec. 2-56. - Personnel screening and hearing.#

This division is enacted pursuant to the following provisions of the Burrillville Town Charter: (1)

Powers and duties. It shall be the duty of the personnel board to recommend rules and regulations for: A position classification plan for all full time permanent employees who work 35 hours per week or more. The plan shall define generally the duties, responsibilities, and types of work involved for each class of position; the skills and knowledge necessary for each position; and the minimum qualifications necessary to qualify for appointment to each position and the positions or classes of positions to which competitive examinations shall apply and those to which noncompetitive or qualifying examinations shall apply.

(2)

Implementation. The town council shall by ordinance set forth the process for screening applicants, determining qualifications for specific positions in the classification plan, and submitting lists of qualified candidates for appointment by the appointing authority.

(Ord. of 6-22-2005(1))

Sec. 2-57. - Applicability.#

All full time, permanent employees including contract employees but excluding the town manager who work 35 or more hours per week, unless provided otherwise in the Town Charter.

(Ord. of 6-22-2005(1))

Sec. 2-58. - Town residency.#

The town desires to hire town residents to fill the various positions within the municipal government. Notwithstanding, the personnel board, town manager and those screening and/or hiring municipal employees will always strive to hire the person best qualified and suited to fill the vacant position regardless of their place of residency.

(Ord. of 6-22-2005(1))

Sec. 2-59. - Recruitment and hiring.#

(a)

The personnel board shall determine the process for recruitment and screening for all positions under the jurisdiction of the personnel board after consultation with the town manager, except as may be specified in collective bargaining agreements.

(b)

The town manager or designee may provide to the personnel board whatever input he/she deems necessary to establish the skills, duties, responsibilities, background and experience, knowledge, minimum qualifications, standards, and the needs and requirements of the department to which the position will be assigned.

(c)

The personnel board shall incorporate the town manager's or designee's input as well as their own criteria to prequalify candidates and shall screen all applicants accordingly.

(Ord. of 6-22-2005(1))

Sec. 2-60. - Criteria for recruitment and screening.#

(a)

The personnel board's criteria and standards to evaluate and select applicants and the process to recruit and screen applicants will be in writing and filed with the town clerk and town manager prior to the solicitation of candidates.

(b)

The personnel board will strive to provide three names per vacancy to the town manager for hiring consideration.

(c)

The personnel board will endeavor to maintain at least three prequalified candidates for those positions for which hiring lists are maintained.

(d)

If there are less than three prequalified candidates, the chairperson of the personnel board will notify the town manager who will make the determination to interview the available prequalified candidates or to have the personnel board initiate a new recruitment and/or screening process.

(e)

It is acknowledged that it may be desirable to consider more than three candidates in order to find and select the most suitable candidate for the available position. If the personnel board determines it is in the best interest of the town, they may advance more than three names. also, at the town manager's request, the personnel board will advance more than three candidates for consideration.

(Ord. of 6-22-2005(1))

Sec. 2-61. - Manager's representative.#

The town manager may sit or he/she may appoint a representative to sit with the personnel board to review applications (resumes) and to screen applicants. The manager's or the representative's role is limited to assisting the personnel board to screen and evaluate the candidates.

(Ord. of 6-22-2005(1))

Sec. 2-62. - Probationary period.#

(a)

A one-year probationary period will be served by all employees prior to an employee becoming permanent, during which time the employee may be terminated, or returned to their prior position if a transfer or promotion has been granted to an existing employee, by the town manager except as may be specified in collective bargaining agreements. The town manager may extend the probationary period as the situation and circumstances may dictate. If formal training, a license, certification or other requirement of the position is required as a condition of employment, the probationary period may encompass the period required to obtain the required condition(s) and one additional year from the date the employee successfully completes requirement, etc.

(b)

The town manager, with a ratification vote of the town council, may shorten the initial probationary period as the needs of the town and circumstances may warrant.

(Ord. of 6-22-2005(1))

Sec. 2-63. - Town manager's responsibility.#

The town manager or manager's designee shall determine the process and criteria to hire all employees not deemed to be permanent or full time and any employee who works less than 35 hours per week. Once the criteria is established it shall be filed with the town clerk.

(Ord. of 6-22-2005(1))

Sec. 2-64. - Assignment of employees.#

The town manager will determine the process and criteria to assign or reassign employees, except as may be specified in collective bargaining agreements. The personnel board will coordinate the process if requested by the town manager.

(Ord. of 6-22-2005(1))

Sec. 2-65. - Personnel policies.#

The classification plan and employment terms, conditions, policies, rules and regulations shall be as voted by and amended by the town council.

(Ord. of 6-22-2005(1))

Sec. 2-66. - Collective bargaining agreements.#

Terms and conditions within valid collective bargaining agreements will supersede any conflicting terms and conditions herein.

(Ord. of 6-22-2005(1))

Secs. 2-67—2-70. - Reserved.#

ARTICLE IV. - BOARDS, COMMISSIONS AND COMMITTEES#

Footnotes:

--- (5) --- Charter reference— Board of assessment review, §§ 8.19—8.24; personnel board, § 9.01 et seq.; school committee, § 11.01 et seq.; planning board, §§ 12.01—12.04; zoning board of review, §§ 12.05—12.08; recreation commission, § 16.03; conservation commission, § 18.01; board of administration, § 18.02; sewer commission, § 18.07; other offices and commissions, § 18.08.

Cross reference— Board of license commissioners, § 8-51 et seq.; planning board, ch. 17.

Sec. 2-71. - Mobile and manufactured home park rental review board.#

(a)

Purpose. The town council shall have the authority to create a board called the "Burrillville Mobile and Manufactured Home Park Rental Review Board." The purpose of such board is to provide a forum for public review of any increase in rental or other fees or other service charges proposed by a mobile and manufactured home park owner.

(b)

Appointment of board members. The board shall consist of five members appointed by the town council, two of whom shall be residents of a mobile and manufactured home park within the town one of whom shall be the owner of a mobile and manufactured home park within the town, and two of whom shall be members of the public who are residents of the town. The appointed members of such board shall be appointed for five-year terms, except the initial appointments of the members shall be for terms of five, four, three, two, and one years to the end that the terms of the board members shall be staggered. Appointed members of the board shall be eligible for reappointment. In the event of a vacancy on the board, interim appointments of appointed members may be made by the town council to complete the unexpired term of such position.

(c)

Notice of proposed increase hearing. Prior to the imposition of any increase in any rental or service fee or charge, a mobile and manufactured home park owner located within the town shall file with the board a notice of proposed rental or service fee or charge increase. A copy of the notice shall be mailed by the owner to each resident within three days of filing by first class mail, postage prepaid. Within 30 days of the filing of such notice, the board will hold a public hearing thereon, and within 30 days of the public hearing, shall issue a written hearing summary and a finding regarding the economic justification for reasonableness of any increase in rental or service fees or charges proposed in the notice. No increase in any rental or service fee or charge shall be effective prior to 60 days from the filing of the notice required by this section.

(d)

Annual report. On or before January 15 of each year, the town mobile and manufactured home park rental review board shall submit to the governor, to the speaker of the house of representatives, to the majority leader of the house of representatives, to the majority leader of the senate, to the chair of the mobile and manufactured home commission and to the town council an annual report which shall include, but which need not be limited to, the following information:

(1)

A summary of each notice of proposed rental or service fee or charge increase filed with the board during the preceding calendar year;

(2)

Copies of all hearing summaries and of all findings issued by the board during the preceding calendar year;

(3)

A description of the circumstances surrounding the withdrawal of any notice of proposed rental or service fee or charge increase during the preceding calendar year; and

(4)

A summary of any information available to the board relating to the compliance or lack of compliance by any mobile and manufactured home park owner with any prior findings issued by the board.

(Code 1972, §§ 15-1—15-4)

Sec. 2-72. - Juvenile hearing board.#

(a)

Established. For the purpose of promoting the public health, safety, morals and general welfare, and pursuant to the specific authority granted to the town by the general laws of the state, the town council hereby ordains and establishes a juvenile hearing board.

(b)

Purpose. The juvenile hearing board is established for the purpose of hearing all cases referred to it by the juvenile division of the police department or the chief of police with respect to persons under the age of 18 who are charged with violating the criminal laws of the state or the town as provided in this section.

(c)

Name. The board established in this section shall be identified as the town juvenile hearing board.

(d)

Membership.

(1)

The membership of the town juvenile hearing board (the board) shall consist of seven electors of the town.

(2)

The members of the board shall be appointed by majority vote of the town council.

(3)

The term of appointment for members of the board shall be for three years, except that the initial appointments shall be for less than three years, thereby staggering the initial appointment.

(4)

Appointed members of the board shall be eligible for reappointment, and upon expiration of their term shall continue to serve until replaced or otherwise reappointed. In the event of a vacancy on the board, interim appointments of appointed members may be made by the town council to complete the unexpired term of the vacant position.

(5)

In making appointments, the council shall consider including representation from the following sections of the community: clergy, senior citizens, an educator and an elector between the age of 18 and 21 at the time of appointment.

(e)

Referral.

(1)

Persons who are under the age of 18 years may be referred to the board which shall have concurrent jurisdiction with the state family court if the alleged offense is one which if committed by an adult, would be a misdemeanor; provided however, that this requirement shall not apply in the cause of any person:

Charged with the offense of simple assault;

Who shall have been twice previously referred to the board or has been once previously referred and refused or failed to abide by the sanctions imposed or make the restitution recommended; and

Also at the time of the alleged commission of such offense shall be within the custody and control of the family court.

(2)

The juvenile division of the police department or the chief of police may also refer to the board any other juvenile offender where in the opinion of the juvenile division or the chief of police such referral would be beneficial to the juvenile concerned and the community at large.

(3)

No referral to the board shall be made until such person, together with his legal guardians and/or legal representative shall have in writing waived such person's right to a hearing in the family court with respect to the offense charged, has admitted to the alleged offense, and shall have agreed to abide by the decision of the board.

(f)

Duties of the board. The board shall be authorized to hear all cases referred by the juvenile division of the police department or the chief of police, and to impose and order sanctions other than incarceration. Sanctions may include, but are not limited to:

(1)

Fines up to a maximum of $100.00 for each offense charged;

(2)

Community service;

(3)

Restitution for any injuries and/or damages, where appropriate, resulting from the commission of any offense;

(4)

Imposition of a reasonable curfew;

(5)

Denial or revocation of the juvenile's driving privileges for a period of up to two years.

In any such proceeding, the board, prior to imposing sanctions, shall request the juvenile offender and his parents or legal guardians to agree to the sanctions imposed, the amount of the restitution and manner of making the same. In ordering restitution, the 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 offenses.

(g)

Quorum; rules.

(1)

A majority of the board's membership shall constitute a quorum, and a majority of the members present shall be required to take any action. Any juvenile offender may be represented by counsel and may present evidence in his behalf.

(2)

The board shall have the power after a public hearing to adopt or amend, publish and distribute all rules and regulations necessary to carry out its function under the provisions of this section.

(3)

The board shall give notice of the date and time of meeting to the juvenile division of the police department or the chief of police, and the alleged juvenile offender and his parents or legal guardian, not less than seven days prior to the date of the hearing.

(4)

Board proceedings shall be closed to the public, and the provisions of G.L. 1956, § 42-46-1 et seq. shall not apply to such proceedings. All records or proceedings, including records concerning the arrest, apprehension or detention of any juvenile offender, shall be withheld from public inspection but such records shall be available to the parent, legal guardian or attorney of the juvenile for inspection.

(Ord. of 11-12-1997, § 2-9)

Sec. 2-73. - Public safety commission.#

(a)

Purpose. The purpose of establishing a public safety commission is to create a public body whose primary responsibility is to advise the town council and/or public safety director on matters affecting the safety of the town and its residents.

(b)

Establishment. The town council hereby ordains and establishes the Burrillville Public Safety Commission ("the commission").

(c)

Membership. The membership of the public safety commission shall consist of no more than 13 members.

(1)

The town manager, in his capacity as public safety director, or his/her designee, shall serve as a member of the commission.

(2)

The town council shall appoint one member from each fire district, the Fire Chief of Wallum Lake (or his/her designee), and one representative of the Pascoag Utility District. In making appointments, the town council shall consider the recommendations of the respective districts.

In the event that any member of the commission is unable to attend a meeting, the member may, as his/her discretion, designate an individual to attend in his/her stead. The designated individual may fully participate in discussions and report to his/her respective organization, but shall have no authority to vote on any matter that comes before the commission.

(3)

The town manager shall appoint no more than six representatives from municipal departments. In making appointments, the town manager may consider representatives from the following town departments.

Police;

Emergency management;

Department of public works;

Departments of planning and building inspection;

(d)

Term.

(1)

Members appointed by the town council shall be appointed for a term of office of three years, except that those who are first appointed shall be designated to serve for terms of one, two, and three years respectively. All vacancies occurring during a term shall be filled for the unexpired term. A member shall hold office until his successor has been appointed.

(2)

Members appointed by the town council may be removed by the town council at the request of the majority of the board members.

(3)

Members appointed by the town manager shall serve at the pleasure of the town manager.

(e)

Bylaws. The commission shall appoint from its membership a chairman and shall designate by rules, regulations, or bylaws such other officers and procedures not inconsistent with this section or other laws as may be necessary to carry out its duties and responsibilities. All such rules, regulations, and bylaws must be approved by a majority of the town council before they become effective.

(f)

Quorum. The presence of a majority of members of the commission constitutes a quorum for purposes of any meeting of the commission, and the concurrence of at least a majority of those present at commission meetings shall be necessary for purposes of authorizing any official action of the commission and for forwarding official recommendations or advice to the town council and/or the director of public safety pursuant to this section.

(g)

Powers and duties. The commission is hereby endowed with full authority and power to perform and carry out the following duties and responsibilities:

(1)

Advise and make recommendations to the town council and/or the public safety director from time to time with respect to all matters pertaining to public safety in the Town of Burrillville, including, but not limited to: fire, road conditions and traffic, weather-related conditions, dams and water safety, and/or emergency preparedness;

(2)

Analyze and collect all data necessary to measure, ascertain, and make recommendations concerning the detection and correction of existing safety problems and the prevention of future safety problems in the town;

(3)

Upon prior authorization obtained from the town council and/or the public safety director, make reasonable inspections of all premises and places to which the general public has access and over which the town council and/or the public safety director has jurisdiction.

(4)

Advise and make recommendations to the town council from time to time with respect to consideration and adoption of town ordinances governing the use of public highways by vehicles and pedestrians within the limits established by G.L. 1956 § 31-12-12, as amended, including but not limited to the installation of traffic control devices; regulating the standing or parking of vehicles; designation of through-way and stop streets; creation of crosswalks and safety zones; regulation of the speed of vehicles as authorized in G.L. 1956 §§ 31-14-5 and 31-14-6; designation of emergency snow removal routes, emergency no-parking zones and streets at which drivers shall not make right or left turns;

(5)

Carry out special assignments from the town council and/or the director of public safety relating to matters of public safety.

(h)

Conflicting laws pertaining to safety.

(1)

All existing laws, ordinances, rules, and regulations pertaining to safety shall remain in full force and effect.

(2)

In the event of a conflict or inconsistency, the provisions of any existing laws, ordinances, rules and regulations pertaining to public safety shall control, take precedence and supersede the provisions of this section.

(i)

Expiration. This section shall expire on November 15, 2008, unless reauthorized by vote of the town council.

(Ord. of 11-14-2007(1))

Editor's note— An ordinance adopted November 14, 2007, set out provisions intended for use as Chapter 18.5. For purposes of classification and with the permission of the town these provisions have been included as section 2-73.

Sec. 2-74. - Pascoag Reservoir/Echo Lake Dam management district.#

(a)

Authority. Pursuant to the authority granted to the town councils of the Towns of Burrillville and Glocester by the provisions of RI Gen Laws 45-62-3 the respective town councils for the Towns of Burrillville and Glocester do hereby establish a multi-jurisdictional dam management district to be known as the Pascoag Reservoir/Echo Lake Dam management district (hereinafter the management district.)

(b)

Purpose. The purpose of the management district is to prevent threats to the general public welfare, public safety and public and private property caused by the failure or breach of the Pascoag Dam (consisting of the main dam and the west dike) ("the dam") and to protect the values associated with the dam through the implementation of dam repairs, maintenance and management by apportioning among and collecting from the owners of property within the district the costs of maintaining and repairing the dam and the access routes to the dam, and to pay the costs of utilities servicing, taxes, and other financial assessments, assessed against properties of the management district, the costs of administering the management district and the costs to acquire, hold, use, sell, transfer or lease real or personal property as provided in subsection (d)(6).

(c)

Area. The area described in this section shall be known as the Pascoag Reservoir/Echo Lake Dam management district. The intent in formulating the area of the district is to include all those properties which adjoin and abut Pascoag Reservoir/Echo Lake or have direct access to the lake, as well as those properties which may not abut or adjoin Pascoag Reservoir/Echo Lake but enjoy access to the reservoir by deed or some other recorded instrument. The district shall consist of the following:

(1)

In the Town of Burrillville, assessor's maps and lots as presently identified as follows, or as designation may be amended by the Town of Burrillville from time to time:

Map 191 Lots 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 60, 61, 62, 63, 64, 65, 66, 67, 68, 80, 106, 107, 108, 109, 110

Map 209 Lots 06, 07, 08, 09, 10, 11, 12, 13, 14, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 33, 34, 35, 36, 37, 38, 39,40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 135, 139, 140, 141, 142, 143

Map 210 Lot 28

Map 226 Lots 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15,16, 17, 18

Map 227 Lots 01, 02, 03, 04, 05, 06, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 52, 53, 54, 72, 73

Map 244 Lot 08

Map 245 Lots 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 20, 21, 22, 23, 26

Map 262 Lots 13, 14

Map 263 Lot 01

Map 264 Lot 05

(2)

In the Town of Glocester, assessor's maps and lots as presently identified as follows, or as designation may be amended by the Town of Glocester from time to time:

Map 7 Lots 001, 002, 003, 028, 028-C, 033, 035, 036, 038, 039, 110, 111, 112, 113, 124, 124-A, 141, 145, 146, RF-7

Map 7,

Echo Lake

Shores Plat Lots EL-055, EL-190, EL-403, EL-408, EL-409, EL-411, EL-414, EL-416, EL-418, EL-424, EL-426, EL-428, EL-430, EL-432, EL-439

Map 7,

Pascoag Lake

Plat Lots PL-001, PL-004, PL-006, PL-007, PL-009, PL-010, PL-024, PL-025, PL-026, PL-027, PL-028, PL-029, PL-030, PL-032, PL-035, PL-038, PL-040, PL-044, PL-046, PL-048, PL-050, PL-052, PL-055, PL-057, PL-058, PL-BEA-LOT

Map 7,

Pascoag Lake

Plat B Lots PLB-001, PLB-004, PLB-007, PLB-009, PLB-C, PLB-D, PLB-E, PLB-010, PLB-011, PLB-012, PLB-013, PLB-014, PLB-015, PLB-016, PLB-017

(3)

In the case where a property included in the management district is subdivided, all parcels that are created by the subdivision and continue to adjoin, abut, have direct access to, or enjoy access by deed or some other recorded instrument, to Pascoag Reservoir/Echo Lake shall remain a part of the management district.

(4)

All other properties in the Towns of Burrillville and Glocester that enjoy access to the reservoir/lake by deed or some other recorded instrument.

(5)

Nothing herein shall prohibit the management district from providing in the by-laws for voluntary membership in the management district by owners of property outside the defined area of the management district.

(d)

Powers and duties. The management district shall have the power to:

(1)

Provide for entry of city, town, state or management district officials in a manner equivalent to the provisions of § 23-27.3-112.0, onto private property within the management district when necessary for the periodic inspection, maintenance and/or repair of the dam and appurtenant facilities necessary to prevent threats to the general public welfare, public safety and public and private property;

(2)

Provide for the supervision, control, maintenance, repair and/or reconstruction of the dam, including activities relating to dam removal necessary to prevent threats to the general public welfare, public safety and public and private property;

(3)

Establish a public education program to educate residents and update members of the management district on new information or procedures for proper maintenance and operation of the dam and the implications for failing to operate and maintain the dam in a manner that meets generally accepted dam safety practices;

(4)

Raise and expend funds for the administration, operation, contractual obligations, and services of the district, and fix and collect rates, fees, and charges within the management district for the provision of dam management services by the management district. In connection therewith, the management district may raise money as provided herein and may borrow money and repay it through the sale and redemption of bonds or other securities;

(5)

Employ staff, counsel, and consultants as necessary to carry out the functions of the management district and purposes of this chapter;

(6)

Acquire, hold, use, sell, transfer and lease real or personal property necessary for access, maintenance, repair or operation of the dam including the lake bed of Pascoag Reservoir/Echo Lake, and to own, operate, maintain, repair, improve any property acquired. However in no event shall the management district have the power to acquire land through eminent domain or condemnation proceedings and in no event shall public access to the Pascoag Reservoir/Echo Lake be affected;

(7)

Apply for, contract for, receive, and expend grants and loans for the maintenance, repair, removal and/or reconstruction of the dam, and for other activities authorized by this chapter; and

(8)

Adopt a common seal, sue and be sued, and enjoy the powers generally incident to corporations.

(e)

Exempt entities. Any dam or property owned and furnished by any municipality, water district, fire district or any other municipal or quasi-municipal corporation that is regulated as a water supplier by the Rhode Island Public Utilities Commission under chapter 1 of title 39 and subject to the provisions of chapter 15.6 of title 46 shall be exempt from the provisions of this section.

(f)

Lien of district fees. All fees and charges assessed against any property in the management district pursuant to this section shall constitute a lien upon that property in the district for the space of three years after the assessment, and, if the property is not alienated, then until the fees are collected.

(g)

Indemnification. Any elected or appointed district official, employee, or member of the management district is entitled to all the rights and benefits of indemnification by the management district, as provided by § 45-15-16.

(h)

Voting.

(1)

"Eligible voter" shall mean the owner(s) of property [parcel(s) of land or a dwelling on leased land or on land owned by a homeowner's association] located in the management district and assessed by the Burrillville and/or Glocester Assessors' Office for real estate and/or personal property tax purposes.

The term "owner" or "owners" as used herein shall mean those persons identified as the assessed owners of such property according to the records of the Burrillville and/or Glocester Assessor's Office as of 60 days before the scheduled date of any meeting at which votes are cast.

If, however, such owners have transferred the property and the successor(s) have not yet been identified by such records as the assessed owners thereof, the successor(s) may file with the board of directors a certified copy of the recorded deed or other official evidence of ownership. Such documentation shall serve to establish that such successors are the successors to the owners of record of the property, and shall be considered owners for all purposes hereunder.

(2)

If there is more than one owner of any such property, all such owners shall jointly designate in writing one owner who shall be the eligible voter entitled to cast the vote on behalf of all owners. Such designation shall be filed with the board of directors. A vote cast by an eligible voter shall be deemed to be the vote of all the owners in concert.

(3)

Notwithstanding the above, an eligible voter shall only be entitled to cast one vote regardless of how many properties the owner may hold title to.

(3)

The term Burrillville and/or Glocester Assessor's Office as used herein shall, when the context so requires, include the Burrillville and/or Glocester Collector's Office, or other department of the town which is required to make and keep assessments of real and personal property therein.

(4)

Each eligible voter shall have one vote on matters concerning the management district on which they are entitled to vote, including the budget, as hereinafter provided.

(i)

Any personal or real property owned by the management district shall be assessed and taxed/charged in a manner consistent with local, state and federal law.

(j)

Initial meeting.

(1)

Upon the passage of this section, the board of directors for the management district shall within six months call the initial meeting of the management district for the purpose of adopting by the eligible voters the by-laws for the administration and governance of the management district which shall not conflict with or be inconsistent with the provisions of this section. Said by-laws shall include, but are not limited to:

Date, time and location of meetings;

Quorum requirements for all meetings, with the exception of the initial meeting;

Procedure for meeting notices, including call, postponement or cancellation of meetings;

Provisions for approval of matters at special meetings;

Schedule for assessments, delivery of funds from the collector to the treasurer, and payment of bills;

Procedure for and frequency of audit;

Establish the term for the board of directors and corporate officers;

Application procedure for appointment of corporate officers;

Define authority of corporate officers;

Provisions for removal of member of the board of directors and/or corporate officers;

Provisions for notification to the membership of any emergency appropriations made by the board of directors.

(2)

Within six months from the approval of by-laws, the board of directors for the management district shall call the initial budget meeting of the management district in accordance with the duly adopted by-laws of the management district.

(3)

The board of directors shall provide a copy of the proposed by-laws, and a notice of the time and place of the initial meeting via first class mail to the owners of property located within the management district. Information will be sent to owners at the mailing addresses listed in the records of the Burrillville and/or Glocester Assessors' Office. If successor(s) have been established as herein provided, information will be sent to the address, if any, provided to the board of directors in writing by such successor(s).

(4)

Quorum. A quorum at the initial meeting of the management district shall be 20 eligible voters.

(5)

All action, business and procedures that could take place at any annual budget meeting may take place at the initial budget meeting, and the assessment, collection and enforcement of any amounts approved at such meeting shall be governed accordingly.

(k)

Annual budget meetings.

(1)

After the initial budget meeting, subsequent annual budget meetings shall be held as specified in by-laws duly adopted by the management district.

(2)

The board of directors for the management district shall prepare the budget for the management district each year. The proposed budget and a notice of the date, time and place of the annual budget meeting shall be sent to all property owners in the management district in accordance with the by-laws duly adopted by the management district.

(3)

Quorum.

A quorum at the annual budget meeting of the management district shall be as specified in by-laws adopted by the management district.

In the event that, for any reason, a quorum is not present at the time a meeting is scheduled to open, the board of directors is authorized to delay the opening time or postpone said meeting for such period of time as, in the discretion of the board of directors, shall best serve the interests of the management district. Notice of the postponement shall be as specified in the by-laws duly adopted by the management district.

If any meeting has been postponed two times for lack of a quorum, the meeting may be held with the board of directors, who shall be empowered to vote upon all matters legally before the meeting.

(4)

In voting upon or in connection with any amendments to the proposed budget the eligible voters or the board of directors, as the case may be, shall consider and establish, plans for:

The construction, maintenance, management, preservation, support or removal of the dam and related facilities, lake and property.

The purchase or rental of all necessary equipment and generally all things necessary and proper for managing the management district, and carrying into effect and attaining the purpose of this section.

The improvement or the payment of expenses relating to property belonging to the management district and used by the residents in connection with the dam, including access routes and facilities.

The creation of a reserve fund for the future management and replacement of property and equipment.

The periodic auditing of the financial records of the management district. Periodic audits shall be conducted as specified in the by-laws duly adopted by the management district, provided that there is no longer than a three-year interval between such audits. Copies of the audit, certified by the secretary of the management district, shall be filed with the town clerks of the Town of Burrillville and the Town of Glocester.

The times for payment of management charges and fees and the penalties for late payments.

Payment of any charges and expenses arising within the management district, incidental or not to the above.

Borrowing funds necessary to perform the services authorized herein.

(5)

Approval of the budget shall be by a majority of the votes cast.

(6)

The amount approved for the budget at the annual budget meeting shall immediately, without the necessity of the recording of any document with the Burrillville and/or Glocester Town Clerk in the land evidence records or otherwise, become a lien upon all properties within the management district and shall be payable as established at the initial or any annual budget meeting. The lien shall have priority over all other liens, interests and encumbrances except, municipal taxes of the Town of Burrillville and/or the Town of Glocester, fire district taxes and sewer and water assessments and taxes and other liens held by the State of Rhode Island. The lien hereunder shall endure for a period of three years after the assessment thereof and, if the real estate is not alienated, then until the fees are collected.

(7)

In addition to voting upon the budget, eligible voters or the board of directors, as the case may be, shall vote upon any other matters that shall legally come before them.

(l)

Special meetings.

(1)

Special meetings of the management district may be called in accordance with the by-laws, duly adopted by the management district.

(2)

A quorum at any special meeting of the management district shall be as specified in the by-laws duly adopted by the management district. In the event that, for any reason, a quorum is not present at the time a meeting is scheduled to open, the board of directors is herewith authorized to delay the opening time of said meeting for such period of time, or to postpone it indefinitely, as in the discretion of the board of directors shall best serve the interests of the management district.

(3)

Approval of matters voted upon at any special meeting shall be in accordance with by-laws adopted by the management district.

(m)

Collection of management fees.

(1)

Within 60 days after the approval of the budget at the initial or any annual budget meeting the board of directors shall cause the collector to mail to the owners of each property located within the management district bills for the collection of the amounts due with respect to any property.

Management district bills may be based on a flat rate established by the board of directors to be applied uniformly on property located within the management district or may be based on a rate to be established by the board of directors and applied against assessed values of property in the management district in accordance with subsection (o)(3) of this section, or may be a combination of a flat rate and assessed value rate.

Bills will be mailed via first class mail, to the owners of each property located within the management district, in each case addressed to such owners at the mailing address specified in the records of the Burrillville and/or Glocester Assessors' Office for the mailing of real estate tax bills, or to the successor(s) established as herein provided to the address, if any, provided to the board of directors in writing by such successor(s).

(2)

The treasurer shall upon request issue a lien certificate which shall state any amounts of management fees that are due and owing on the date said certificate is given. Any such certificate may be recorded within 60 days after its date with the Burrillville and/or Glocester Town Clerk in the land evidence records, and if so recorded shall operate to discharge property specified from the lien of all amounts due for management fees which do not appear by said certificate to be due and owing, except such fees that arise after the date shown on the certificate or which are the subject of a recorded statement of lien, as herein provided; but a certificate issued under this section shall not affect the obligation of any person liable for the payment of any management fee by reason of being assessed owner of such property at the time any such lien arose. Collection of management fees shall be in the same manner as provided by law for the collection of taxes by municipalities and the collector of fees for said management district shall, for the purpose of collecting fees assessed by said management district, have the same powers and authority as are now by law conferred on collectors of taxes for towns in the state.

(n)

Board of directors.

(1)

The board of directors shall consist of seven individuals all of whom must be eligible voters of the management district. Five members of the board of directors shall be owners of property in the Town of Burrillville and two members shall be owners of property in the Town of Glocester.

(2)

Upon passage of this section, the initial composition of the board of directors shall be determined as follows: the Burrillville Town Council shall appoint five individuals to the board of directors and the Glocester Town Council shall appoint two individuals to the board of directors. The initial members of the board of directors shall serve until the first annual budget meeting. Thereafter, the board of directors shall be elected by majority vote of a quorum, for terms as established in the management district by-laws.

(3)

The board of directors shall elect one of its members as president, one of its members as vice president, and one of its members as secretary. The president, and in the president's absence, the vice president, shall preside at all meetings of the management district and shall conduct all meetings in accordance with rules duly adopted by the management district.

(4)

Emergency appropriations. The board of directors may make emergency appropriations to meet an emergency that threatens the general public welfare, public safety and/or public and private property of the management district. As used in this section, emergency includes extraordinary fire, flood, storm or other impending or actual disaster endangering or threatening to endanger the physical structure of the dam and/or appurtenant facilities.

The board of directors dealing with any emergency or emergencies shall adopt a resolution that contains a declaration of the existence and extent of the emergency, and the amount of the emergency appropriation.

The board of directors shall cause notification of the emergency appropriation to be sent to the membership of the management district, as provided in the management district by-laws, but no later than 60 days from the date of the resolution.

(5)

The board of directors shall appoint all officers and committees and shall have the authority to designate individuals to act on behalf of the board for specific tasks and assignments, as identified by the board.

(6)

The board of directors shall vote to fill vacancies on expired or unexpired terms of duly appointed officers.

(7)

The president of the board of directors shall administer the oath of office to the officers.

(8)

Secretary.

Upon adoption, modification, or amendment of the by-laws of the management district, the secretary shall file certified copies of the by-laws with the town clerks of the Towns of Burrillville and Glocester.

The secretary shall on behalf of the board of directors give notice of every annual budget meeting or special meeting of the management district as specified in the by-laws duly adopted by the management district.

The secretary shall take the minutes of all meetings and shall be held responsible for the management of same.

The secretary of the management district shall file with the town clerks of the Towns of Burrillville and Glocester the unofficial minutes of any meeting of the management district within 35 days of the meeting. Upon approval of the minutes, the secretary shall provide certified copies of the approved minutes of all proceedings to the town clerks.

On receipt of the assessment from the assessor, the secretary shall deliver a copy to the treasurer, who shall issue and affix to said copy, a warrant under his hand, directed to the collector, commanding him to proceed and collect said fees.

The secretary shall carry out the functions of the treasurer in his or her absence or disability and shall have authority to sign checks and assume other duties of the treasurer.

(9)

The board of directors, at each annual budget meeting, shall make a report to the eligible voters of the management district of the state of affairs of the management district. Financial and other records of the management district shall be open for inspection by the owners of properties within the management district at reasonable times and upon reasonable notice.

(10)

Whenever a vacancy shall occur in the board of directors either through death, resignation or disability or removal for cause as provided in the by-laws of the management district, the remaining members of the board of directors shall appoint a resident who is also an eligible voter of the management district to serve in such capacity until the next annual meeting, and until their respective successors are elected.

(11)

The board of directors shall have the authority to retain legal counsel at an annual cost to be determined by the eligible voters of the management district. Said legal counsel shall be available in an advisory capacity for all committees of the management district and shall render legal opinions, whenever requested to do so.

(12)

The board of directors, acting on behalf of the management district, shall have the right to sue and be sued in the courts of this state having jurisdiction to hear, try or determine such causes. The management district shall indemnify and hold harmless any elected or appointed district official for damages, judgments, settlements, costs and expenses incurred in connection with any action, suit or appeal therefrom, arising out of an alleged or actual breach of duty, neglect, error, misstatement, or omission, unless willfully and intentionally done, or by reason of their being an officer of the management district.

(13)

The board of directors shall prescribe an accounting system for the management district.

(14)

The board of directors shall cause an audit of the association's management district to be made by a certified public accountant in compliance with the provisions of the by-laws duly adopted by the management district.

(15)

The board of directors shall have the power to set compensation if any for its members and the officers and agents of the management district.

(16)

The board of directors shall have the authority to establish rules, regulations and procedures for the administration of the management district, within the parameters established by this section or by the duly adopted by-laws of the management district.

(o)

Officers, appointment.

(1)

The officers of the management district shall be appointed by majority vote of the board of directors and shall be constituted of a collector, assessor, and treasurer; and any other office deemed necessary by the board of directors and established in the duly adopted by-laws of the management district. Each shall hold office for a term as established in the management district by-laws.

(2)

In no event shall the president, vice president or secretary of the board of directors serve as an appointed officer nor shall one person serve in more than one appointment position concurrently.

(3)

Upon the passage of this section, the initial officers shall be appointed by majority vote of the board of directors at the initial meeting and will serve until the first annual budget meeting. Thereafter, all candidates for appointed office must apply in the manner established by the management district by-laws.

(p)

Officers, duties and responsibilities.

(1)

Treasurer.

The treasurer, before proceeding to discharge these duties, shall give bond or provide insurance to the management district in such sum and with such surety as the board of directors may determine, which will provide for the faithful discharge of the duties of office. The premium for said bond or insurance shall be paid by the management district. Said bond shall be deposited with the secretary. Copies of said bond or proof of insurance shall be filed with the town clerks of the Towns of Burrillville and Glocester.

The treasurer shall receive all fees, funds, monies, and receivables by the management district; have the responsibility for those funds; and have custody of all investments and invested funds of the management district.

The treasurer shall pay out and expend only those funds that are authorized to be expended by vote of the eligible voters of the management district at the initial or any annual budget meeting or special meeting, or as requested by the board of directors as provided in the by-laws.

The treasurer shall have the authority to borrow such sums that may be so authorized at the initial or annual budget meeting or special meeting, and shall have the authority to invest any surplus funds, subject to the advice and consent of the board of directors.

The treasurer shall maintain an accounting system for the management district, as prescribed by the board of directors, and shall be responsible for keeping and maintaining a complete set of financial and accounting records.

Prepare as soon as possible after, and as of, the end of each fiscal year, a complete financial statement and report, for submission to the board of directors and the eligible voters at the annual meeting.

(2)

Collector.

The collector, before proceeding to discharge these duties, shall, give bond or provide insurance to the management district in such sum and with such surety as the board of directors may determine, which will provide for the faithful discharge of the duties of office. The premium for said bond or insurance shall be paid by the management district.

Upon approval of the budget at the annual budget meeting, the collector shall, on behalf of the board of directors, produce management fee bills based on the budget approved by the eligible voters of the management district, and in accordance with the established apportioning method.

The collector shall maintain records of all collections and delinquent charges and provide annual written reports thereof.

The bills shall be mailed as herein provided no later than 60 days after the initial or any annual budget meeting or any special meeting establishing amounts due and shall be payable within 60 days after they have been mailed, unless otherwise established in the by-laws duly adopted by the management district, and shall indicate when payments are due and the penalties for late payments.

The collector shall pay over to the treasurer the total management fees collected, at intervals established in the by-laws duly adopted by the management district.

The collector may, at any time while a management fee is due and owing but unpaid, record a statement of lien with the Burrillville and/or Glocester Town Clerk in the land evidence records indicating the amount due. Additional amounts thereafter becoming due shall be secured by said statement without the necessity of recording further statements. The collector or the treasurer may discharge the lien by a release filed with the Burrillville and/or Glocester Town Clerk in the land evidence records that makes specific reference to the recorded statement. No release shall be given by the collector or treasurer unless all management fees then due and owing and all charges associated with the recording of any statement of liens or the release itself shall be paid.

The collector shall be empowered, subject to approval by a majority of the board of directors, to appoint an agent for collection of management fees. Said agent, at the time of appointment, shall give bond or provide insurance to the management district in such sum and with such surety as the board of directors of the management district shall determine, which will provide for the faithful performance of the duties of said agent.

(3)

Assessor.

The assessor shall determine and assess the value of each parcel located within the boundaries of the management district based on its assessed value as made by the respective tax assessors for the Towns of Burrillville and Glocester as of December 31 of each year and shall provide this information to the secretary, at a time specified in the by-laws duly adopted by the management district.

(q)

Reporting to town and DEM. At least annually the Management District shall submit complete and detailed reports to the Towns of Burrillville and Glocester and the Department of Environmental Management.

(r)

Open meetings. All meetings of a public body to discuss/or act upon a matter over which the public body has supervision, control, jurisdiction or advisory power shall be in conformance with Chapter 46 of Title 42 of the Rhode Island General Laws as amended, entitled Open Meetings.

(s)

Public records. All public records shall be open to public inspection in accordance with the State of Rhode Island Access to Public Records Act as it may be amended from time to time.

(t)

Amendments to this section.

(1)

In the event 15 voters at any duly called meeting of the management district shall deem that this section should be amended or revised, then the board of directors shall appoint a committee, approved by the majority of the eligible voters present, to study such proposed amendment or revision. Said committee shall report its findings at the next annual meeting or at a duly called special meeting at which time the approval or disapproval of the proposed amendment or revision shall be voted upon. If a proposed amendment is approved, then the board of directors shall request that the respective town councils for the Towns of Burrillville and Glocester amend the ordinance [section]. No amendment shall take effect unless approved by the Burrillville Town Council and the Glocester Town Council.

(2)

Notwithstanding the above, subsequent to the 2010 Census the town councils of the Towns of Burrillville and Glocester may review the composition of the board of directors to determine whether the apportionment remains equitable and may make amendments to the ordinance [section] to maintain balance.

(Ord. of 3-11-2009(2), eff. 7-6-2009; Ord. of 9-26-2012)

Sec. 2-75. - Burrillville Extended Care.#

(a)

Purpose. The purpose of the Burrillville Extended Care is to provide a secure environment for Burrillville children enrolled in grades K—7 for periods prior to the commencement of the school day and for a period after classes and during school vacation/summer recess.

(b)

Establishment of Burrillville Extended Care. There is hereby established Burrillville Extended Care (BEC). The operating of the Burrillville Extended Care shall be under the overall direction and control of the BEC director reporting to the town manager or designee.

(c)

Organization. The further organization of the BEC shall be as directed by the town manager and approved by the town council.

(d)

Extended care board. To assist the BEC director in establishing programs, policies and procedures concerning the operation of the extended care division, there is hereby established an Burrillville Extended Care Board of Directors (board).

(1)

The board shall consist of five members, all of whom shall be residents of the Town of Burrillville. The town council may appoint an alternate member for a term of one year.

(2)

Members of the board shall be appointed by the town council for three-year terms.

(3)

Any member of the board who fails to attend three consecutive meetings without being excused by a vote of the board shall forfeit his/her office.

(4)

The town council shall appoint a member of the council and a member of the school committee as ex-officio members.

(e)

Bylaws. The board shall adopt bylaws in accordance with section 16.5-56 for the Burrillville Town Council's ratification. Any subsequent change in the bylaws shall become effective upon ratification by the town council.

(f)

Duties of BEC board. The board shall, in conjunction with the BEC director establish bylaws, rules and procedures governing the extended care division. These bylaws, rules and procedures shall address the following:

(1)

The scope of services to be provided for enrollees in the program.

(2)

Policies, rules, regulations and guidelines for operating the programs and for the personnel associated with the programs, in accordance with the town's general ordinances and policies.

(3)

The process to establish an annual budget for each fiscal year that includes projected revenue(s), income and expenses. The revenue raised must be at least equal to the projected expenses of the program. The program must be self-sustaining.

(4)

All rules and procedures shall be published and a copy furnished to the town clerk.

In the event that the board and BEC director cannot agree in areas where they are empowered to work in conjunction with each other, the BEC director shall be responsible to make the decisions and to proceed as required by the Town Charter, general ordinances and policies.

(g)

Budget. The BEC director, in conjunction with the board, shall submit an operating and capital budget detailing proposed expenditures and anticipated revenues. A general description and summary of the programs to be funded shall be included in the submission(s). These budget submissions shall follow the process set forth in the Town Charter and relevant local legislation.

(h)

Funding.

(1)

All BEC programs shall be self-sustaining. BEC shall not enter into any contracts, make obligations or establish any positions unless the BEC director determines that there is adequate funding to support the contract, obligation or position. Such determination may be overruled by the town manager or finance director.

(2)

The board in conjunction with the BEC director shall establish charges sufficient to cover all costs of BEC. All revenue, fees paid or donations received by BEC for services shall be used to support BEC programs.

(3)

The BEC may apply for and receive grants to support its programs.

(4)

All funds received from fees, charges, donations, grants or town appropriations shall be deposited into a special revolving account managed by the town treasurer. Expenditures shall be made from that account except as specified herein. Any funds not expended during the fiscal year shall remain in the account and be available to the BEC unless otherwise determined by the town council.

(5)

Indirect costs to be reimbursed to the town shall be determined by the finance director and shall be approved by the town manager prior to assessment. The town will be reimbursed from the department's receipts as determined by the town manager after consultation with the BEC director.

(6)

The town treasurer shall establish, with the advice of the town's auditors, procedures governing the receipt and expenditures of funds.

(i)

Audit. BEC shall be subject to audit as determined by the finance director or town manager.

(j)

Annual report. BEC shall render an annual report to the town council; a copy of the report shall be filed with the town clerk. The report will be filed on or before December 31 of each fiscal year for the preceding fiscal year. The annual report shall include audited financial information for the preceding fiscal year.

(k)

Sunset provision. In the event that the programs provided for under by BEC operating under an adopted budget are determined by the town manager not to be self supporting, then this BEC shall cease operation as of June 30 of that fiscal year, unless determined otherwise by the town council. All BEC employees shall be terminated, programs ended, obligations and contracts terminated.

(Ord. of 10-9-2013)

Sec. 2-76. - Affordable housing board.#

(a)

Establishment. The town council hereby ordains and establishes the affordable housing board ("the board") in accordance with G.L. 1956, § 45-24-46.1, as amended. The board shall keep an accurate record of all proceedings which shall be available for public inspection and shall provide certified copies of the approved minutes of all proceedings to the town clerk in accordance with section 4.02(E) of the Burrillville Town Charter.

(b)

Membership.

(1)

The affordable housing board shall consist of three members, appointed by the town council from among the qualified voters of the town.

In forming the board, the town council will endeavor to appoint one member of the redevelopment agency and at least one member who has a background in planning or zoning.

The town manager or designee may serve as an ex-officio member of the board. The town manager will elect to serve, or not.

(2)

The term of appointment for members of the board shall be three years, with the terms so arranged that the term of at least one of the members shall expire each year. In the event of a vacancy on the board, the town council shall make an interim appointment for the remainder of the unexpired term.

(c)

Organization. The board shall organize annually and, by election, shall select from its membership a chair, vice-chair and secretary and may adopt any rules of procedure deemed necessary in discharging its duties.

(d)

Quorum. Two members of the board shall constitute a quorum.

(e)

Duties. The duties of the affordable housing board are to oversee and allocate funds deposited in restricted accounts pursuant to G.L. 1956, § 45-24-46.1 as amended.

(f)

Powers of board. Other than the power to allocate funds in restricted accounts per section 2-76(e), the board shall be advisory in nature and shall not replace or duplicate the duties of the town council, planning board, zoning board, or redevelopment agency.

(Ord. of 9-13-2018)

Sec. 2-77 - Code of conduct for boards and commissions.#

(a)

The Burrillville Town Council shall adopt a code of conduct for all appointed boards and commissions.

(b)

The code of conduct shall be reviewed periodically and changes made as needed.

(c)

The code of conduct shall be acknowledged and signed by each member of all boards and commissions. The acknowledgement shall be filed with the town clerk's office.

(Ord. of 8-13-2025(2))

Sec. 2-78. - Burrillville Land Conservancy.#

(a)

Establishment. The town council hereby ordains and establishes the Burrillville Land Conservancy in accordance with Chapters 339 and 340 of the Public Laws, 2025, as amended ("the conservancy").

(b)

Purpose. The purpose of the Burrillville Land Conservancy is to protect the Town of Burrillville's rural character and natural heritage. This is accomplished by preserving land as open space through acquisition and conservation easement(s) while maintaining, where possible, public access to the natural resources.

(c)

Membership. The membership of the conservancy shall consist of five members, with one alternate who shall be entitled to vote as a full member while serving for a member absent from a posted meeting or may fill in for vacancies on the conservancy until the vacancy is filled by the town council.

(1)

Members of the conservancy shall be qualified electors of the Town of Burrillville.

(2)

Members of the conservancy shall be appointed by the town council.

(3)

The town manager, or his/her designee, may serve as an ex officio, non-voting, member of the conservancy. The town manager, if he/she elects to participate, will not be compensated.

(4)

There shall be an unlimited number of volunteers, who will not receive a stipend. All volunteers shall sign a liability waiver yearly.

(d)

Term.

(1)

Members appointed by the town council shall be appointed for staggered terms of office of three years, except that those who are first appointed shall be designated to serve for terms of one, two, and three years respectively. The alternate member shall be appointed for a term of two years. All vacancies occurring during a term shall be filled for the unexpired term. A member shall hold office until his successor has been appointed, or if a member(s) breaches the town council's code of conduct, the Town Charter, town ordinances and/or other rules and regulations.

(2)

Members appointed by the town council may be removed by the town council at the request of the majority of the board members for good cause.

(3)

Persons appointed by the town manager shall serve at the pleasure of the town manager.

(e)

Officers. The conservancy shall annually elect a chairman and vice chairman from their members and may elect a recording secretary. If a non-member is to serve as the administrative or recording secretary, the town manager will appoint the secretary, and determine compensation, if any.

(f)

Quorum. The presence of a majority of members of the commission constitutes a quorum for purposes of any meeting of the conservancy, and the concurrence of at least a majority of those present at land conservancy meetings shall be necessary for purposes of authorizing any official action of the land conservancy and for forwarding official recommendations or advice to the town council and/or the town manager pursuant to this section.

(g)

Bylaws. Rules and regulations governing the conduct of conservancy affairs, including but not limited to the acquisition and management of its holdings, not inconsistent with the provisions of this Act and the ordinance(s), shall be adopted by the conservancy members. The town council of the Town of Burrillville shall approve all rules and regulations and modifications thereof. Any changes or modifications to the rules and regulations shall be approved by the town council. The town council shall also have the authority sua sponte to change or modify rules and regulations of the conservancy. The town council shall hold at least one public hearing on the proposed changes or modification(s), which shall be advertised in a publication having general circulation in the town not less than 48 hours prior to the date and time of the public hearing.

The conservancy members shall keep accurate records of their meetings and actions and shall file an annual report with the town council not later than 60 calendar days from June 30. All meetings of the conservancy shall be open to the public in accordance with G.L. 1956, Chapter 46 of Title 42.

(h)

Powers and duties. The land conservancy is hereby endowed with full authority and power to perform and carry out the following duties and responsibilities:

(1)

The conservancy will review the complete inventory of town-owned lands and evaluate their value for potential preservation, with a focus on passive and active recreation opportunities. They will review properties with the potential value of sale to provide revenue for future acquisition and projects. It will be the goal of the committee to identify large tracts of land worthy of preservation with the goal of purchase and/or preservation.

(2)

The conservancy will provide recreation opportunities with trail development and other activities for public use and enjoyment and develop maintenance programs for each property.

(3)

Advise and make recommendations to the town council and/or the town manager from time to time with respect to all matters pertaining to land conservancy in the Town of Burrillville, including, but not limited to: acquisition, maintenance of property, use and restrictions for its assets, and any other matters as set forth by their rules and regulations.

(4)

Provide timely reports to the town council, town manager, and finance director of activities and business of the conservancy as directed by the town council or as may be needed by the town manager.

(5)

The conservancy may appoint or hire non-voting advisors who will assist with various functions and activities of the conservancy, subject to review and modifications by the town council.

(6)

Copies of all meeting minutes shall be submitted to the town council and shall be filed with the town clerk and become a permanent record of the town.

(i)

Funding.

(1)

Prepare and manage an annual budget, including financial accounting and reporting as determined by the finance director. Budgets are fiscal year from July 1 to June 30.

(2)

Prepare and submit grant applications and third party funding requests pre-approved by the town council or the town manager.

(3)

Coordinate fundraising for the various needs, goals and objectives of the conservancy.

(j)

In the event of a conflict or inconsistency, the provisions of any existing laws pertaining to land conservation shall control, take precedence and supersede the provisions of this section.

(k)

Tax exemption. The trust and all its revenues, income, and real and personal property used by the trust for furtherance of its public purposes shall be exempt from taxation and special assessments, and the trust shall not be required to pay any tax, excise or assessment to the state or any of its political subdivisions as set forth in federal and state laws.

(Ord. of 9-24-2025(1))

Secs. 2-79—2-90. - Reserved.#

ARTICLE V. - FINANCE#

Footnotes:

--- (6) --- Charter reference— Powers and duties of the town council, § 3.14; department of finance, art. VIII.

Cross reference— Taxation, ch. 25.

State Law reference— Indebtedness of towns, G.L. 1956, § 45-12-1 et seq.; award of municipal contracts, G.L. 1956, §§ 45-55-1—45-55-15.

DIVISION 1. - GENERALLY#

Sec. 2-91. - Management of funds.#

The town council or a majority thereof shall have the sole management of the expenditure of money from the use of the town, and shall have the general management and direction of its financial affairs, except when by statute it is otherwise specially directed.

(Code 1972, § 2-4.1)

Sec. 2-92. - Issuance of promissory notes.#

All promissory notes or other obligations made and issued by the town treasurer on behalf of the town, whether for new loans or in renewal of outstanding obligations, shall be countersigned by the president of the town council and registered by him in his office in a book kept for that purpose.

(Code 1972, § 2-4.2)

Sec. 2-93. - Cancellation of promissory notes.#

When the town treasurer cancels any promissory note or other obligation given by him, the town treasurer shall present it to the president of the town council for the purpose of having the president's signature cancelled and the record made in conformity thereto.

(Code 1972, § 2-4.3)

Secs. 2-94—2-105. - Reserved.#

DIVISION 2. - EMPLOYMENT OF PROFESSIONAL SERVICES#

Sec. 2-106. - Statement of policies.#

It is the policy of the town to retain consultant services, when necessary, on the basis of demonstrated competence and qualification for the type of services required, at fair and reasonable prices. It is hereby recognized that competence, experience and ability are important considerations and that the amount of the fee shall not be the only criterion in selecting professional services. It is further the policy of the town to give first preference, where the talents and experience are available and previous evaluation is satisfactory, to the selection of consulting services of firms or principals located in the town and second preference to state-based firms or principals.

(Code 1972, § 2-4.4(a))

Sec. 2-107. - Classification of services.#

(a)

Class I. Class I service is service for projects where the consultant's fee will exceed $7,500.00. The consultant shall be recommended by a staff screening and selection committee with final selection and contract approval to be accomplished by council at a regular or special council meeting. Members of the committee shall be the town manager, the director of finance and the department head requesting the service. The town solicitor shall also serve as a member of the committee for the purpose of reviewing the legality of all proposed contracts.

(b)

Class II. Class II service is service for projects where the consultant's fee will not exceed $7,500.00. The town manager is authorized to select consultants based upon the department head's recommendation. A full report of all consultant screening and selection shall be contained in the town manager's report to council.

(Code 1972, § 2-4.4(b))

Sec. 2-108. - General procedures and responsibilities.#

The procedures and responsibilities outlined in this section provide a general scope of the procedures for consultant selection. Detailed instructions and guidelines are contained in section 2-109. (1)

Project initiation. When a department head identifies a project for which class I consultant service will be necessary, he shall draft a scope of service for the specific project. The scope of service shall be submitted to the town manager for approval and for certification that funds are available in the budget for the service. The scope of service shall then be presented to council for authorization to initiate the project.

(2)

Roster of consultants. Upon authorization to initiate the project, the town manager shall prepare a roster of firms interested in providing this type of service to the town. The roster shall be established and maintained using information set forth in section 2-109.

(3)

Expressions of interest. The town manager shall contact those persons or firms on the consultants' roster for a written expression of interest on the specific project. The request should invite interest in the project and comment by the date set forth in the request as to the special expertise in the project being considered and the availability of the firm or person to provide the required service.

(4)

Initial screening and request for proposals. The expression of interest shall then be presented to the staff screening in accordance with the guidelines provided herein. Where possible, the committee shall designate at least three firms who shall be requested to present, in person, detailed proposals on the project. Detailed proposals shall include data as suggested in the guidelines in section 2-109.

(5)

Final selection and contract negotiation. On the basis of the detailed proposals presented by the prospective consultants, the committee shall recommend a consultant and a form of written contract to council. If, for some reason, the committee cannot agree, the town manager shall make a recommendation to council. Council shall approve or disapprove the selection and contract.

(Code 1972, § 2-4.4(c))

Sec. 2-109. - Detailed guidelines for consultant selection.#

(a)

Scope of services. The scope of services for the particular project shall be developed by the department requesting the service. The scope should define the project in specific terms and identify the various project components and phases. The degree, if any, of federal or state participation should also be defined at this time since certain planning and design criteria may be prerequisites for federal or state assistance. A memorandum transmitting the scope of services to the town manager for presentation to council should define the need for the project, identify a budget estimate for the project and suggest the source of funds for payment to the consultant.

(b)

Organization of screening committee. The town manager shall serve as chairman of the staff screening and selection committee and the director of finance as vice-chairman. The department head requesting the project or his representative shall attend all committee meetings to provide data and recommendation on the project and to implement actions directed by the committee.

(c)

Expression of interest. Letters requesting an expression of interest should ask the consultants to indicate their interest in the particular project, set forth special qualifications they may wish to call to the attention of the committee, describe previous experience with similar jobs and indicate their capability to perform the service within any time limitations. If the consultant does not have a brochure or resumé on file, he should be asked to present that information.

(d)

Initial screening. The committee shall review the expressions of interest and other qualification data on file with the town. Factors to be determined in initial screening shall include:

(1)

Specialized experience in the type of work required.

(2)

A record of the firm in accomplishing work on other projects in the required time.

(3)

The quality of work previously performed by the firm for the town.

(4)

The professional background, experience and expertise of principals and potential project managers.

(5)

Recent experience showing accuracy of cost estimates.

(6)

Community relations, including evidence of sensitivity to citizen concerns.

(7)

The geographic location of the principal offices of the firm.

(e)

Detailed proposals.

(1)

Based on the results of the initial screening, not more than three firms shall be invited to submit a detailed proposal, unless the committee shall deem it in the best interest of the town to ask for additional firms to submit detailed proposals. Firms not asked to submit a detailed proposal should be so advised in writing and thanked for their interest in the project.

(2)

Firms submitting detailed proposals should be asked to provide a resumé of their proposed project supervisor, the name of the principal who would be responsible for the work, the amount of work presently underway, the ability of the firm to meet required time schedules, a description of how the project would be conducted and monitored, an evaluation of the adequacy of funds available to accomplish the proposed project, the proposed method of determining fees, with alternatives, if desired, the amount of administrative assistance during the first phases of the project and the amount of supervision during the construction phase of the project, as well as other facts they wish to present in favor of their firm.

(3)

The contract form for consulting services should, in general, follow the standards of the American Institute of Architects, the National Society of Professional Engineers of the American Society of Civil Engineers, as applicable to the specific project.

(4)

These firms shall also be advised that town policy requires that an equal employment opportunity and affirmative action program be provided prior to execution of a contract.

(f)

Interview and selection. Upon receipt of the detailed proposals, the staff selection and screening committee shall be convened to review the proposals, interview the prospective consultants, review fee determination methods and rank the consultants for negotiation of fees. Associate consultants who would be used by the primary consultant for negotiation of fees should be identified at this time. Selection for negotiation should be based upon qualifications, availability, staffing, professional competence and such other matters as the committee may deem proper.

(g)

Contract negotiation.

(1)

The selected firm shall then be requested to come for a final conference with the responsible department head to define precisely the scope of service to be provided and to submit a proposal covering the compensation requirements for the work. Consultant firms employing four or more people shall also be required to submit their equal employment opportunity and affirmative action program at this time. A fee shall then be negotiated within the funds available for the project and a contract shall be prepared and submitted to the town solicitor for review and then submitted to the town manager for presentation to council for approval.

(2)

If, after reasonable effort, a contract cannot be negotiated within available funds, the negotiations with the designated consultant shall be terminated in writing and negotiations shall be started with the next consultant recommended.

(h)

Contract approval. The final action to implement consultant selection is approval of the consultant contract. All contracts are to be approved by council after thorough review by the town solicitor.

(i)

Consultant records. Upon completion or termination of a contract, the department responsible for the project shall submit a one page summary evaluation of the consultant's handling of the project, which evaluation shall include the following data:

(1)

The name of the consultant.

(2)

The date of the contract and the date of completion.

(3)

The cost as stated in the initial contract, the amount paid and the reason for any difference.

(4)

The names of key personnel working on the project.

(5)

The special strengths exhibited by the consultant.

(6)

The problems or weaknesses in the consultant's handling of the project.

(7)

The title and date of any report documents prepared by the consultant.

(8)

Adherence to the time schedule by the consultant.

(9)

Any comment on commitment to equal employment opportunity.

The summary evaluation shall be submitted to the town manager for review and subsequent filing with the consultant's resume in the town manager's office. Summary evaluations shall be retained for a period of five years. The summary evaluation shall be reported to council by the town manager.

(Code 1972, § 2-4.4(d))

Sec. 2-110. - Contract extensions; exceptions to regulations.#

(a)

Notwithstanding any other provision of this division, where the scope of services states that the project may include additional services which are a logical extension of the original services, and if continuation or extension of the project is economically feasible and the evaluation of services performed to date is satisfactory, the town manager, with the final approval of council, may negotiate the continued employment of the same consultant without following the procedural steps set forth in this division.

(b)

Notwithstanding any other provision of this division, council may, by resolution, authorize the town manager to negotiate the employment of a consultant without following the steps set forth in this division, for reasons of economy or expediency, or because selection of a consultant by following such steps would, for any reason, be impractical.

(Code 1972, § 2-4.4(e))

Sec. 2-111. - Conflict with state law.#

Where there is a conflict between this division and the state law regarding the selection of consultants, the state law shall be followed. State Law reference— Award of municipal contracts, G.L. 1956, § 45-55-1 et seq.

Sec. 2-112. - Capital project program.#

(a)

Classification of capital projects.

(1)

Major capital project. Any expenditure by a town department, board, committee, agency, or commission, including the school and sewer departments, estimated to cost in excess of $500,000.00 and/or requiring the issuance of debt obligations with a maturity in excess of 15 years is a major capital project. Such projects should have a life expectancy of at least ten years.

(2)

Capital project. Any expenditure that is estimated to cost less than $500,000.00 and will have a useful life of at least five years is a capital project. These projects are to be funded from a capital project program budget. Items fitting within this category may be funded from multiple fiscal year appropriations.

(3)

Capital outlay. Any expenditure that has an estimated value of $10,000.00 or less and/or has a life expectancy of less than five years, or is a normally reoccurring expense, shall be considered a capital outlay expenditure and shall be funded as part of the operating budget of the various departments, etc.

(b)

Funding of capital program projects.

(1)

As part of the operating budget, the town council shall appropriate:

In fiscal year 2026 and thereafter a sum of approximately $600,000.00 to fund capital projects as defined in subsection (a)(2) of this section. This amount shall be allocated between the municipal budget and the school department budget as determined by the town council.

(2)

The town council may adopt major capital project(s) as part of the capital project program. A major capital project shall list each project, as defined in subsection (a)(1) of this section to be funded. This list shall set forth the manner of funding and, if the town council so determines, the process of securing voter approval.

(3)

The council may appropriate additional funds for any classification of capital project, or individual item or project, etc., as it deems necessary.

(c)

Capital project program (budget). Not later than January 15 of each year, each town department, agency, board or commission, including the school department shall prepare and submit to the budget board in a format prescribed by the town manager, a capital project program. This capital project program shall be divided into two sections. One section shall list and detail capital projects as defined in subsection (a)(2) of this section. The other section shall list major capital projects as defined in subsection (a)(1) of this section. This program shall include:

(1)

A clear general summary of its contents;

(2)

A listing of all classifications of capital projects, etc., (excluding capital outlays) which are proposed to be undertaken during the next fiscal year with appropriate supporting information as to the necessity for each project. Projects that may extend into multiple fiscal years will be identified, and related information provided;

(3)

Cost estimates, method and source of funding and recommended time schedules for each project;

(4)

The estimated annual cost of operating and maintaining the item to be acquired and/or the project to be constructed (if applicable).

(d)

Budget board. The budget board shall review the various proposed capital project programs and conduct public meetings as may be necessary to provide opportunity for all department heads, town officials and agencies submitting requests to appear to explain and justify their requests. It may amend or modify these programs. It shall submit the requests together with its recommended capital project program in the form of a budget to the town manager with a copy to the town council not later than the first Monday in March. The budget board shall have no authority to change any item in the school department request except the overall total amount.

(e)

Town manager. The town manager shall forthwith review the capital project program recommended by the budget board and may amend or modify that program. The town manager shall submit his comments and recommendations to the town council in the form of a budget. The manager's budget shall show the original requests from the town departments, etc., the actions of the budget board and the manager's amendments thereto. The town manager shall have no authority to change any item in the school department request except the overall total amount.

(f)

Public hearing. Upon receipt of the proposed capital project program from the town manager, and the manager's recommendations thereon, the council shall schedule at least one public hearing on the proposed capital project program. Prior to any public hearing, a notice containing a general summary of the proposed capital project program shall be published in a newspaper having general circulation in the town. The notice shall state the date, time and place of the public hearing and the location where copies of the proposed capital project program can be obtained.

(g)

Town council to modify, amend, adopt. The council, after the public hearing, may modify or amend the manager's and/or the school department's capital project program and shall, by resolution, adopt the capital project program on or before April 15. The manager shall incorporate into his budget for the upcoming fiscal year, the capital project program as adopted by the council. The capital budget, as approved, may be amended before the operating budget is adopted.

(h)

Expending funds. After adoption of the capital budget, funds may be obligated for capital purchases and projects that have been approved by the council, but related expenditures are not authorized until the funds are deemed to be available by the town manager or finance director.

(i)

Appropriations. The council may appropriate monies, as it deems necessary into special funds designated for capital or special projects. A simple majority vote of the council is required to deposit or withdraw monies from these funds.

(j)

Carry-over. Funds that have been appropriated for capital purchases and projects that have been approved by the council but which have not been undertaken or which have been ordered but not delivered, have been started but not completed shall carry forward to subsequent fiscal year(s) without being re-appropriated by the council.

(k)

Rules, regulations, directives. The town manager or designee may establish rules and regulations, protocols and issue directives as needed in order to present the capital project program and account for the funds (monies) appropriated for all capital project programs. The town manager shall have general oversight over all municipal department and agency capital appropriations.

(l)

Long term capital program. The town manager may require submission of a five-year or up to a ten-year capital budget. This budget and its formation, will be submitted on a date and time determined by the town manager, but no later than March 15. The town council may adopt a five-year or up to a ten-year capital budget after the town council adopts the one-year capital budget. School, sewer and water projects may be included in the long term capital budget as determined by the town manager or town council.

(Ord. of 4-26-2000(3); Ord. of 11-18-2009; Ord. of 1-25-2012; Ord. of 9-25-2013; Ord. of 8-13-2025(1))

Sec. 2-113. - Reserved.#

Editor's note— An ordinance adopted Aug. 13, 2025, repealed § 2-113, which pertained to special revenue reserve fund and derived from Ord. of 1-8-1997; Ord. of 4-21-2004; and Ord. of 3-22-2006(1).

Secs. 2-114—2-150. - Reserved.#

ARTICLE VI. - ACQUISITION, MANAGEMENT AND DISPOSITION OF PROPERTY#

Footnotes:

--- (7) --- Cross reference— Taxation, ch. 25.

Sec. 2-151. - Authority.#

Whenever the town council exercises the authority granted to it pursuant to article I, section 1.04 of the Charter, entitled, "Acquisition, management and disposition of property," specifically the provision authorizing the town to acquire property for town purposes, in fee, or any lesser interest or estate, by condemnation within the town for public use, it shall follow the following process as set forth in this article.

(Ord. of 1-14-2004, § 1)

Sec. 2-152. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Owner, for the purposes of the article, means a person having an estate, interest or easement in the real property or a lien, charge, or encumbrance on it.

(Ord. of 1-14-2004, § 15)

Cross reference— Definitions generally, § 1-2.

Sec. 2-153. - Resolution of necessity for acquisition of property.#

The necessity for the acquisition of real property, estate, or interest in it shall be conclusively presumed upon the adoption by the town council of a resolution which shall: (1)

Contain a description of the real property or any estate or interest in it sufficient in detail to permit an identification;

(2)

Declare that the acquisition of the real property or any estate or interest in it is in the public interest and necessary for the public use.

(Ord. of 1-14-2004, § 2)

Sec. 2-154. - Filing of resolution, plat and declaration.#

Within six months after the adoption of a resolution pursuant to section 2-153, the town council shall file in the land evidence records of the town: (1)

A copy of the resolution;

(2)

A plat showing the real property taken or affected;

(3)

A declaration signed by the council president, or vice president, that the real property or estate or interest in it is taken pursuant to the provisions of article I, section 1.04 of the Charter, entitled, "Acquisition, management and disposition of property," and indicating the nature and extent of the estate or interest in the real property taken as already stated in the resolution.

(Ord. of 1-14-2004, § 3)

Sec. 2-155. - Deposit in superior court of compensation for property taken.#

Upon the filing of the copy of the resolution, plat and declaration, as described in section 2-154, the town council shall file in the superior court a statement of the sum of money estimated by the town to be just compensation for the property taken, and shall deposit in the superior court, to the use of the persons entitled to it, the sum established in the statement or a greater or lesser sum in accordance with an order by the court determining the sum which should be considered sufficient to satisfy the claims of all persons having an estate or interest in the real property.

(Ord. of 1-14-2004, § 4)

Sec. 2-156. - Addition to or return of deposit.#

Whenever, from time to time, the town has satisfied the court that the amount deposited with the court is either greater than required, or is insufficient to satisfy the claims of all persons interested in the real property, the court may order that the amount of the excess be repaid to the town or may order additional sums deposited as the court deems necessary. Whenever the town has satisfied the court that all claims of all persons interested in the real property taken have been satisfied the unexpended balance shall be repaid immediately to the town.

(Ord. of 1-14-2004, § 5)

Sec. 2-157. - Vesting of title to property taken.#

Upon the filing of the copy of the resolution, plat and declaration in the land evidence records of the town, and upon making of a deposit in accordance with the order of the superior court, title to the real property in fee simple absolute or the lesser estate or interest in it, as specified in the declaration shall vest in the town, and the real property deemed to be condemned and taken for the use of the town, and the right to just compensation for it vested in the persons entitled to it.

(Ord. of 1-14-2004, § 6)

Sec. 2-158. - Publication of resolution and declaration.#

After filing of the resolution, plat and declaration, pursuant to section 2-154, the town clerk shall cause a copy of the resolution and declaration to be published in some newspaper published in the county where the real property lies, at least once a week for three successive weeks.

(Ord. of 1-14-2004, § 7)

Sec. 2-159. - Service of notice of taking.#

After the filing of the copy of the resolution, plat and declaration, notice of the taking shall be served on the owners or persons having any estate or interest in the real property by the sheriff or the sheriff's deputies of the county in which the person or persons reside, by leaving a copy attested by the town clerk of the resolution and declaration with each of the persons personally or at the their last and usual place of abode in this state with same person living there, and in case the person or persons do not reside in the county where the property is situated or are absent from the state and have no last and usual place of abode in the county occupied by any person, the copy shall be left by the sheriff or deputy sheriff of the county where the real property lies with the person, if any, in charge of or having possession of the real property if the person is known to the officer. Whenever any owner or person entitled to any estate in or any interest in any part of the real property taken resides or is without the state, the town shall cause to be served on that person personally, or at his last usual place of abode a copy as prescribed of the resolution and declaration by any disinterested person, which person shall make an affidavit of the service and of the manner in which, the time within and the place at which, the service has been made; or service may be made by the admission of service by the person on the back of a copy of the resolution and a declaration and by his acknowledgement, before an officer authorized oaths under the law of the place where the admission of service is acknowledged.

(Ord. of 1-14-2004, § 8)

Sec. 2-160. - Payment of agreed price.#

If any person agrees with the town for the price of the real property, or estate, or interest in it so taken, the court upon application of all parties in interest, may order that the sum agreed upon be paid immediately from the money deposited, as the just compensation to be awarded in the proceedings.

(Ord. of 1-14-2004, § 9)

Sec. 2-161. - Trial by court for damages.#

Any owner of or persons entitled to any estate or interest in any part of the real property, and who cannot agree with the town for the price of the real property, or estate or interest in it, so taken, may, within three months after notice of the taking or if he has not notice, may within one year from the first publication of the copy of the resolution and declaration referred to in this chapter, apply by petition to the superior court in and for the county in which the real property lies, declaring the taking of his real property or estate or interest in it, and praying for an assessment of damages. Upon filing of the petition, the court shall cause 20 days' notice of the pendency of the petition to be given to the town by serving the town with a certified copy, and may proceed after that notice to the trial. Such petitions brought under this section shall be tried by a jury, if claimed, in writing, by any party within the 20-day period. The trial shall determine all questions of fact relating to the value of the real property and any estate or interest in it and the amount of it. Upon the entry of judgment in the proceeding, execution shall be issued against the money so deposited in court, and in default, against any other property of the town. In case two or more conflicting petitioners make claim to the same real property, or to any estate or interest in it, or to different estates of interests in the same real property, the court, upon motion, may consolidate their several petitions for trial at the same time and may frame all necessary issues for the trial.

(Ord. of 1-14-2004, § 10)

Sec. 2-162. - Representation of infants and incompetents.#

If any real property, or any estate or interest in it, in which any infant or other person not capable in law to act in his own behalf, is taken by the town under the provisions of this article, the superior court, upon the filing in the court of a petition by the town or by or in behalf of the infant or person, may appoint a guardian ad litem for the infant or other person. Guardians may, with the advice and consent of the superior court and upon terms that the superior court may prescribe, release to the town all claims for damages for the land of the infant or other person or for any interest in the land. Any lawfully appointed, qualified, and acting guardian or other fiduciary of the estate of the infant or other person, with the approval of a court of probate within this state having jurisdiction to authorize the sale of lands and properties within this state of the infant or other person, may, before the filing of the petition, agree with the town upon the amount of damages suffered by the infant or other person for any taking of his real property or of his interest in it, and may, upon receiving that amount, release to the town all claims of damages of the infant or other person for the taking.

(Ord. of 1-14-2004, § 11)

Sec. 2-163. - Unknown owners.#

If any real property or any estate or interest in it is unclaimed or held by a person or persons whose whereabouts are unknown, after making inquiry satisfactory to the superior court, the town after the expiration of one year from the first publication of the copy of the resolution and declaration referred to in section 2-158 may petition the court that the value of the estate or interest of the unknown person or persons be determined. After notice by publication to those persons as ordered by the court, and after hearing on the petition, the court shall fix the value of the estate or interest, and order the town to deposit the sum in the registry of the court in a special account to accumulate for the benefit of the person, if any, entitled to it. The town making the deposit shall take the receipt of the clerk of the superior court and be discharged from all liability. When the person entitled to the money deposited has satisfied the superior court of his right to it, the court shall cause it to be paid over to that person, with all accumulations.

(Ord. of 1-14-2004, § 12)

Sec. 2-164. - Immediate payment of compensation; expediting proceedings.#

In any proceedings for the assessment of damages for real property so taken by the town the following provisions are applicable: (1)

Upon the application of any party in interest and upon joinder of all other parties in interest, the court, on conditions that it may deem proper, may order that the money deposited in the court, or any part of it, be paid immediately, without interest for or on account of the just compensation to, be awarded in the proceeding. If the damages finally awarded in respect to the real property, or any part of the damages, exceeds the amount of the money so received by any person entitled to it, the court shall enter judgment against the funds so deposited in court or, in default of it, against other property of the town for the amount of the deficiency plus interest on the deficiency and costs. If the judgment entered is less than the amount withdrawn, then, and in that event, judgment shall be entered for the town for the difference between the amount withdrawn and the amount of the judgment plus interest on the overpayment and costs.

(2)

At any time during the pendency of the action or proceeding, the town or an owner may apply to the court for an order directing an owner or the town as the case may be, to show cause why further proceedings should not be expedited, and the court may, upon application, make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.

(Ord. of 1-14-2004, § 13)

Sec. 2-165. - Orders as to charges on lands.#

The superior court has power to make orders with respect to encumbrances, liens, taxes, and other charges on the land, if any, as that are just and equitable.

(Ord. of 1-14-2004, § 14)

Sec. 2-166. - Proration of property tax.#

Notwithstanding the provisions of any other statute all taxes assessed against any real property acquired by the town in accordance with the provisions of this article may be prorated in the following manner: The owner of record on the date of assessment is responsible for the payment of those taxes from the date of assessment to the date of the taking of the property, and payment by the owner of record of those taxes allocable from the date of assessment to the date the town acquires the real property, plus the payment of any other assessment constituting a lien on the property taken, discharges and releases the owner on the date of assessment from further liability with respect to taxes assessed against the real property taken, and thereafter the town shall be responsible for the payment of those taxes.

(Ord. of 1-14-2004, § 16)

Secs. 2-167—2-179. - Reserved.#

ARTICLE VII. - PROCEDURE FOR RATIFICATION OF COLLECTIVE BARGAINING AGREEMENTS#

Sec. 2-180. - Definitions.#

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agreement means collective bargaining agreement.

Ratify means the final consent required a collective bargaining agreement to become effective.

(Ord. of 2-22-2012(1))

Sec. 2-181. - Statement of policy.#

Pursuant to the authority granted by the Burrillville Town Charter, section 3.14(O), the Burrillville Town Council hereby adopts the following procedure to administer the ratification process of collective bargaining agreements negotiated for employees of the waste water treatment facility (sewer department) and all collective bargaining agreements under school committee jurisdiction.

(Ord. of 2-22-2012(1))

Sec. 2-182. - Procedure for ratification.#

(a)

Collective bargaining agreements shall be approved by votes of the body that has jurisdiction (i.e., school committee or the sewer commission) and the membership of the affected bargaining unit prior to presentation to the town council for ratification.

(b)

The body that has jurisdiction shall submit a request that the town council consider and act on ratification of the approved collective bargaining agreement(s).

(1)

The request shall be filed with the town clerk not later than ten (10) business days prior to the next scheduled regular meeting of the town council.

(2)

A copy of the full text of the proposed collective bargaining agreement shall be presented to the town clerk concurrent with the request. The document shall include notations of all additions, deletions and changes.

(3)

A statement analyzing the full financial impact of the proposed collective bargaining agreement shall be submitted concurrent with the text of the proposed agreement.

(4)

The town clerk shall forthwith notify the town council president of the request and shall make copies of the proposed agreement available to all councilors.

(5)

The town council president shall schedule the matter for consideration and/or action and the requesting body shall be notified of the date, time and location of the meeting at which consideration of the agreement has been scheduled.

(c)

The town council president shall determine the appropriate setting (i.e., regular meeting, special meeting, workshop, etc.) for discussion of proposed agreement(s) to fully inform the town council of the provisions of the proposal.

(1)

The town council may seek to meet in executive session in connection with the ratification of an agreement when executive session would be permitted pursuant to G.L. 1956, § 42-46-5(a).

(2)

Notwithstanding the preceding, any final vote by the town council relative to ratification of a collective bargaining agreement under the jurisdiction of the school committee or sewer commission shall be made in public session.

(d)

The town council shall have no authority to change any provision of any agreement under the jurisdiction of the school committee and its vote shall only be a vote to ratify or not to ratify.

(e)

Should the town council fail to ratify an agreement, no rule of order or action of the town council shall prohibit a request for reconsideration from any councilor at the same or a future meeting.

(Ord. of 2-22-2012(1))