The text
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).