ARTICLE IV. - BOARDS, COMMISSIONS AND COMMITTEES
Part of the Code of Ordinances of Burrillville, RI.
The text
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:
a.
Charged with the offense of simple assault;
b.
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
c.
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.
a.
Police;
b.
Emergency management;
c.
Department of public works;
d.
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.
a.
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.
b.
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:
a.
Date, time and location of meetings;
b.
Quorum requirements for all meetings, with the exception of the initial meeting;
c.
Procedure for meeting notices, including call, postponement or cancellation of meetings;
d.
Provisions for approval of matters at special meetings;
e.
Schedule for assessments, delivery of funds from the collector to the treasurer, and payment of bills;
f.
Procedure for and frequency of audit;
g.
Establish the term for the board of directors and corporate officers;
h.
Application procedure for appointment of corporate officers;
i.
Define authority of corporate officers;
j.
Provisions for removal of member of the board of directors and/or corporate officers;
k.
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.
A quorum at the annual budget meeting of the management district shall be as specified in by-laws adopted by the management district.
b.
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.
c.
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:
a.
The construction, maintenance, management, preservation, support or removal of the dam and related facilities, lake and property.
b.
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.
c.
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.
d.
The creation of a reserve fund for the future management and replacement of property and equipment.
e.
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.
f.
The times for payment of management charges and fees and the penalties for late payments.
g.
Payment of any charges and expenses arising within the management district, incidental or not to the above.
h.
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.
a.
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.
b.
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.
a.
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.
b.
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.
c.
The secretary shall take the minutes of all meetings and shall be held responsible for the management of same.
d.
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.
e.
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.
f.
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.
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
a.
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.
b.
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.
c.
The collector shall maintain records of all collections and delinquent charges and provide annual written reports thereof.
d.
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.
e.
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.
f.
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.
g.
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.
a.
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.
a.
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.
b.
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))