ARTICLE III. - BOARDS, COMMITTEES, COMMISSIONS
Part of the Code of Ordinances of East Providence, RI.
The text
Footnotes:
--- (3) --- Cross reference— Property standards board of review, § 4-68 et seq.; personnel hearing board, § 11-26 et seq.; discipline and discharge of members of boards or commissions appointed by city council, § 11-46; board of trustees for firemen's and policemen's pension fund, § 11-245; harbor management commission, § 13-82 et seq.; board of trustees for public library, § 13-157; advisory recreation board, § 13-191 et seq.; tree commission, § 14-52; committee on highway safety, § 18-31 et seq.; zoning board of review, § 19-36 et seq.
State Law reference— Open meetings, G.L. 1956, § 42-46-1 et seq.; authority of city as to planning and promotional activities, G.L. 1956, §§ 45-22-1—45-22-3.
DIVISION 1. - GENERALLY#
Sec. 2-35. - Definitions and application.#
(a)
The general phrase "boards and commissions", "boards or commissions" or the words "boards" and "commissions" separately shall be construed to mean all boards, commissions, authorities, agencies and committees of the city and any group by any other title that shall function as an independent appointed body of the city. This shall include all bodies whether created by state law, home rule charter, city ordinance, council resolution or executive order.
(b)
Decision making authority shall be defined as all board and commissions whose members are required by R.I.G.L. § 36-14-16 to file annual ethics disclosures.
(Ch. 694, § I, 1-16-18)
Sec. 2-36. - Meetings of boards, commissions, etc., to be made public.#
(a)
All local boards and commissions, as defined in Sec. 2-35, shall hold their meetings open to the public in accordance with G.L. 1956, § 42-46-1 et seq., the Open Meetings Act,. Except that bodies may meet in executive session in accordance with R.I.G.L. § 42-46-4 and § 42-46-5.
(b)
Upon the conclusion of any public hearing the members of such board, and commission, shall announce their decision publicly by individually casting their votes.
(c)
All boards and commissions shall keep minutes of their meetings and shall consider for passage the minutes of each meeting at the subsequent regular meeting or for bodies that do not maintain a set meeting schedule, at the next meeting called. If a body defers passage of the minutes from their previous meeting, a stated reason must be filed with the city clerk. All meeting minutes shall be signed as submitted by the taker of the minutes upon submission to the body for approval and shall be attested by the clerk or secretary of the body or in the absence of a clerk or secretary, by the presiding officer, upon passage.
(d)
All boards and commissions shall make their minutes available to the public in print either in the city clerk's office or in an associated administrative department. In addition to the physical minutes, all local boards and commissions shall make the minutes of their meetings available through the Rhode Island Secretary of State's website no less than fourteen (14) days after passage. If minutes have not been passed within 35 days, draft minutes must be filed until the minutes are approved.
(Rev. Ords. 1987, § 2-36; Ch. 694, § II, 1-16-18)
Sec. 2-37. - Appointment of members to boards and commissions.#
(a)
Members of boards and commissions shall be appointed based on merit. All vacancies or upcoming appointments or reappointments to city boards and commissions shall be posted for a minimum of ten business days on the city website prior to an appointment being made. The posting shall include the name of the board, the appointing authority, the powers and duties of the board, the length of term, and the date that the application period closes. Only city residents may be eligible to serve on city boards and commissions unless otherwise provided for in the Charter, ordinances of East Providence, or state law.
(b)
Any individual seeking an appointment to a city board or commission shall submit an application as promulgated by the city clerk. The application may be obtained and submitted at the clerk's office, or online on the city's website. No other application, letter, or form shall be accepted as a substitute for the application. Once the city clerk has received a complete and submitted application, the clerk shall then give a copy of the application(s) to the appointing or recommending authority within three days of the close of the application period.
(c)
No appointing or recommending authority shall appoint, recommend or vote on a household member or family member for membership to a board or commission. Household member and family member shall be defined as in Regulation 36-14-5004 of the Rhode Island Code of Ethics.
(d)
No person shall serve on more than one city board or commission with decision making authority. Anyone presently serving on more than one board or commission with decision making authority may continue to serve their term but are not eligible for re-appointment if such re-appointment shall cause them to be in violation of this section or except as stated in section (e).
(e)
The prohibition against serving on more than one board or commission with decision making authority shall not apply if a vacancy has occurred for more than ten business days after posting by the city clerk in accordance with section (a) above or when there has been no other eligible application received. The limit of service on more than one board and commission shall not extend to boards and commissions in which the person's service was at the appointment of another board or commission to which they are to serve as a liaison, ex-officio or ad-hoc member. There shall be no limit to service on advisory boards or commissions.
(f)
By November 1 every year, each member of all city boards and commissions must provide one form of government issued photo identification to the chairperson of their board as proof of their residency. The chairperson of each city board and commission shall confirm the address/residence of the members of their board to the city clerk.
(g)
All appointments to boards and commissions within the city shall be made by resolution by the appointing authority. The resolution shall state the appointee's full name, address, and term of appointment.
(Ch. 694, § III, 1-16-18; Ch. 736, § I, 4-16-19)
Sec. 2-38 - Listing of boards and commissions.#
(a)
The city website shall list each board and commission of the city and include the following information:
(1)
A summary of the board or commission functions.
(2)
A link to the enabling legislation that created the body.
(3)
A link to the board or commissions agendas and minutes on the Secretary of State's website.
(4)
A list of all members, each member's contact email address, the appointing authority of each member, the date of their appointment and the expiration date of each members' term.
(Ch. 694, § III, 1-16-18; Ch. 736, § II, 4-16-19)
Sec. 2-39. - Removal of board or commission members.#
(a)
Members of any Board or Commission may only be removed for cause. City Council appointees shall require four-fifths vote to remove, executive mayoral appointments require a mayoral communication requesting removal by the City Council which shall state the cause for removal and shall require a four-fifths City Council vote.
(b)
Causes for removal are as follows:
(1)
Failure to meet prescribed standards of morality and ethics to an extent that makes an appointee unsuitable for any kind of service on a city board or commission, including, but not limited to malfeasance and misfeasance.
(2)
Theft, misuse or destruction of city property.
(3)
Incompetency, inefficiency or negligence in the performance of duties.
(4)
Conviction of a criminal offense.
(5)
Disgraceful personal conduct.
(6)
Unauthorized and excessive absences.
(7)
Acceptance of any valuable consideration which was given with the expectation of influencing a member of the board in the performance of his or her duties.
(8)
Falsification of records or use of official position for personal advantage.
(c)
Board and commission members shall first have been served with a written notice of the intention of the mayor or council to impose such discipline. This notice shall contain the reasons for the discipline and will fix a time and place not less than ten days after the service of such notice, at which time he or she shall be given an opportunity to be heard in his or her defense. The hearing shall be public at the option of the person who is the subject of the hearing, and he or she may be represented by counsel.
(Ch. 694, § III, 1-16-18)
Sec. 2-40. - Lack of attendance and abandonment of position.#
Any member of a board or commission that shall fail to attend three consecutive regular meetings or five total meetings in a calendar year shall be considered to have abandoned their seat. The presiding officer of the body shall notify the clerk and the appointing authority of the need to fill a vacancy for the remainder of the unexpired term. Should the appointee dispute their removal under this section, they shall be entitled to a hearing such as specified under Section 2-39, such hearing shall be limited to a matter of review of the subject's attendance record.
(Ch. 694, § III, 1-16-18)
Sec. 2-41. - Establishment of boards and commissions.#
All boards and commissions that shall exist in perpetuity shall be established by ordinance and shall not be established via resolution or other council vote, special and select committees or commissions, setup for a specific length of time or for a specific quantifiable objective may be established by resolution, the specific length of time for a special committee by resolution shall not exceed two (2) years. The mayor may create advisory boards and commissions by written order to advise the mayor.
(Ch. 694, § III, 1-16-18)
Secs. 2-42—2-50. - Reserved.#
DIVISION 2. - RESERVED#
Footnotes:
--- (4) --- Editor's note— Chapter 877, § II, adopted June 6, 2023, repealed art. III, div. 2, §§ 2-51—2-55. Former div. 2 pertained to the carousel park commission and derived from §§ 2-51—2-55 of the Rev. Ords of 1987; Ch. 153, § I, adopted January 2, 2001; Ch. 220, § I, adopted August 13, 2002; Ch. 229, § I, adopted October 1, 2002; Ch. 637, § I, adopted November 3, 2015.
Secs. 2-51—2-65. - Reserved.#
DIVISION 3. - RESERVED#
Footnotes:
--- (5) --- Editor's note— Chapter 877, § III, adopted June 6, 2023, repealed art. III, div. 3, §§ 2-66—2-81. Former div. 3 pertained to the coastal resources management commission and derived from §§ 2-66—2-81 of the Rev. Ords of 1987.
Secs. 2-66—2-81. - Reserved.#
DIVISION 4. - CONSERVATION COMMISSION#
Footnotes:
--- (6) --- State Law reference— Local conservation commissions, G.L. 1956, §§ 45-35-1—45-35-4.
Sec. 2-96. - Created; membership; appointment of members.#
There is created a conservation commission of the city consisting of nine members. Such members shall consist of a member of the city council selected by the council, the director of planning or his authorized representative, and seven other persons who shall be qualified electors of the city and shall not be public office holders of the city. These seven persons shall be appointed by the mayor subject to confirmation by the city council and shall be appointed in accordance with provisions of the Charter and G.L. 1956, § 45-35-2.
(Rev. Ords. 1987, § 2-96)
State Law reference— Membership, G.L. 1956, § 45-35-2.
Sec. 2-97. - Compensation; terms; vacancies; removal of members.#
Members of the conservation commission shall serve without compensation. The city council member and the directors of recreation and planning shall serve in such capacity for and during their term of office with the city. The three persons presently appointed as members by the mayor and confirmed by the city council shall serve the remaining portion of their unexpired term. The fourth member shall be appointed immediately for a term which shall expire on January 1, 1976. Thereafter the city council shall on January 1 of each year, or at its first regular meeting after such date, fill any vacancy caused by the expiration of the term of office of any appointed member for a term of three years. Vacancies caused by resignation, death or for any other reason shall be filled by the city council in the manner set forth in section 2-96 for the unexpired term of such office. The city council may remove any such member appointed by the mayor and confirmed by the city council from such commission for cause, after such member receives in writing the charges for his removal and a public hearing is held on the charges by the council.
(Rev. Ords. 1987, § 2-97)
Sec. 2-98. - Election of officers; rules, records and reports.#
(a)
The conservation commission shall elect a chair from among its members whose term of office shall be for one year and who may be eligible for reelection thereafter. The commission may at its discretion elect a vice-chair. The commission shall also elect a secretary in the same manner as a chair.
(b)
The commission shall adopt rules for the transaction of its business and shall keep permanent and accurate records of all its resolutions, transactions, findings, determinations and recommendations. All such records shall become public records. The commission shall file an annual report on or before January 15 of each year.
(Rev. Ords. 1987, § 2-98)
Sec. 2-99. - Duties of officers.#
(a)
The chair of the conservation commission shall preside over all meetings or in his absence the vice-chair, if such office exists. If the commission fails to elect a vice-chair, the members of the commission shall appoint a temporary chair to conduct such meeting in the absence of the chair.
(b)
It shall be the duty of the secretary to keep minutes of all commission meetings, record all its transactions and authenticate such minutes, records and transactions. All such records shall be kept by the secretary as the commission's permanent records which shall be available to the general public for inspection at all times after the authentication of such records.
(c)
All meetings of the commission shall be open to the public and any person or his duly constituted representative shall be entitled to appear and be heard on any matter before the commission before it reaches final decision on such matter or matters.
(Rev. Ords. 1987, § 2-99)
Sec. 2-100. - Powers and duties generally.#
(a)
The duties of the conservation commission shall be to promote and develop the city's natural resources, to protect its watershed resources and to preserve natural esthetic areas, open spaces, woodlands, fields and streams and recreational areas within the city. The commission shall conduct such research as it may deem necessary to carry out its purposes and shall seek to coordinate the activities of other unofficial bodies organized in the city for similar purposes.
(b)
The commission shall from time to time, as it may deem necessary, make reports or recommendations to the city council and city departments, boards or agencies concerning programs or action necessary for the improved promotion, development, utilization, protection or preservation of open areas, streams, shores, wooded areas, roadsides, swamps, marshlands and recreational and esthetic areas.
(c)
In carrying out its program the commission may call on other city departments, boards or agencies for such information, assistance or advice as may conveniently be rendered by such departments, boards or agencies and may advertise, prepare, print or distribute maps, charts, plans and pamphlets which in its judgment it deems necessary for its work within the limit of any funds that may be provided for such work.
(d)
Prior to making any findings, taking any action or preparing any reports or recommendations, the commission shall consult with all other city departments, boards or agencies that may be in any way directly or indirectly affected by such findings, actions, reports or recommendations and shall take into consideration such departments', boards' or agencies' comments or recommendations.
(e)
All actions of the commission that may relate to land use or other physical aspects of the city shall be in general conformance with the master plan or any portion thereof for the city that may have been adopted or approved by the city council.
(Rev. Ords. 1987, § 2-100)
Sec. 2-101. - Acceptance of gifts.#
The conservation commission may receive gifts of funds, lands, buildings or other properties in the name of the city, subject to the approval of the city council, and thereafter may manage such funds, lands, buildings and property in accordance with the purposes set forth in this article and G.L. 1956, § 45-35-1, provided that such authority shall not be construed to deny to the people of the city access to such lands for all legitimate purposes.
(Rev. Ords. 1987, § 2-101)
Secs. 2-102—2-115. - Reserved.#
DIVISION 5. - ECONOMIC DEVELOPMENT COMMISSION#
Footnotes:
--- (7) --- Cross reference— Licenses and business regulations, ch. 8.
Sec. 2-116. - Established; composition.#
An economic development commission is hereby established in and for the city to consist of nine regular members and the mayor or designee, the director of planning and economic development or designee and a liaison from the East Providence Chamber of Commerce who shall be ex officio, voting members. Each of the nine regular members of the commission shall be a qualified elector of the city at the time of their appointment and during their incumbency. A strong preference in appointing members shall be given to nominees who have a strong financial background with experience in the fields of banking, accounting, insurance and commercial real estate.
(Rev. Ords. 1987, § 2-116; Ch. 559, § I, 7-17-12; Ch. 640, § I, 1-5-16; Ch. 741, § I, 8-20-19)
Sec. 2-117. - Appointment, term and compensation of members.#
The members of the economic development commission shall be appointed by the mayor, subject to approval by the city council, and shall serve without compensation for a term of five years, provided that the original selections for the nine-member commission shall serve staggered terms. Thereafter each appointment shall be made at the expiration of each term and shall be effective for five years from the date of appointment. The mayor, with the advice and consent of the council, shall have the authority to reappoint members.
(Rev. Ords. 1987, § 2-117; Ch. 741, § I, 8-20-19)
Sec. 2-118. - Filling of vacancies.#
Vacancies occurring in the economic development commission shall be filled for the unexpired term by an appointment by the mayor and confirmation by a majority of the city council.
(Rev. Ords. 1987, § 2-118; Ch. 741, § I, 8-20-19)
Sec. 2-119. - Removal of members.#
The city council, by a majority vote, shall have the authority to remove any member of the economic development commission from office whenever, in its discretion, the best interests of the city shall be served thereby.
(Rev. Ords. 1987, § 2-119; Ch. 741, § I, 8-20-19)
Sec. 2-120. - Election of officers.#
Within 30 days after their appointment, the members of the economic development commission shall meet in regular session and shall organize by electing from their members a chair and secretary. The commission shall elect a chair and a secretary who shall hold office until December 31 of the following year. The commission shall have the authority to elect such other officers as it may deem necessary.
(Rev. Ords. 1987, § 2-120; Ch. 741, § I, 8-20-19)
Sec. 2-121. - Duties of officers.#
(a)
It shall be the duty of the chair to preside over all meetings of the economic development commission. In his absence, an acting chair may be elected to preside.
(b)
It shall be the duty of the secretary to keep a record of all proceedings of the commission, transmit its recommendations to the mayor and the city council and perform such other duties as are usually performed by the secretary of a deliberative body.
(Rev. Ords. 1987, § 2-121; Ch. 741, § I, 8-20-19)
Sec. 2-122. - Rules and procedures.#
The economic development commission, by the affirmative vote of a majority of its regular members, may adopt rules to govern its meetings and procedures. The rules may be amended from time to time, but only upon notice to all members that such proposed amendments shall be acted upon at a specified meeting. The affirmative vote of a majority of the regular members of the commission shall be required for the approval of the proposed amendment.
(Rev. Ords. 1987, § 2-122; Ch. 741, § I, 8-20-19)
Sec. 2-123. - Quorum.#
A quorum, which shall consist of a majority of current, actively appointed members of the economic development commission, shall be necessary for the conduct of any business of the commission. Ex-officio members in attendance shall also be included as part of the quorum count.
(Rev. Ords. 1987, § 2-123; Ch. 640, § II, 1-5-16; Ch. 741, § I, 8-20-19)
Sec. 2-124. - Regular and special meetings.#
The chair of the economic development commission shall have the authority to call regular meetings, and special meetings may be called by the director of planning and economic development or his or her designee, the chair or any five members of the commission, provided that written notice shall be given to all members.
(Rev. Ords. 1987, § 2-124; Ch. 741, § I, 8-20-19)
Sec. 2-125. - Absence from four consecutive regular meetings to constitute retirement of member; filling vacancy of retired member.#
Absence from four consecutive regular meetings without the formal consent of the economic development commission shall be deemed to constitute retirement of a member, and the vacancy thus created shall be filled thereafter by the appointment, in accordance with the provisions of section 2-117, of a successor to fill the unexpired term of office.
(Rev. Ords. 1987, § 2-125; Ch. 741, § I, 8-20-19)
Sec. 2-126. - Powers and duties—Generally.#
The economic development commission shall have the following powers and duties: (1)
To confer with and advise the city council and mayor on all matters concerning economic development in the city;
(2)
To advertise the economic advantages and opportunities of the city within the means provided by any appropriations made therefor by the council;
(3)
To study, investigate and appraise economic conditions and trends affecting the city's industry, business and commerce;
(4)
To collect data and information as to the type of industries best suited to the city;
(5)
To compile, coordinate and promulgate information regarding available areas suitable for commercial development in the city;
(6)
To encourage the proper zoning and orderly development of areas suitable for commercial development of the city;
(7)
To aid the city administration, city council and mayor in the attraction of new businesses and encouraging the expansion of existing industries and businesses;
(8)
To cooperate with all community groups that are dedicated to the orderly economic expansion of the city and to furnish them such aid and advice as is deemed appropriate;
(9)
To cooperate with all industries and businesses in the city in the solution of any community problems which they might have and to encourage the management of such concerns to have a healthy and constructive interest in the city's welfare;
(10)
To periodically survey the overall condition of the city from the standpoint of determining whether the city has the climate and furnishes services and facilities that are conducive to economic expansion;
(11)
The commission may advertise, prepare, print or distribute maps, charts, plans and pamphlets which in its judgment it deems necessary to the performance of its duties as set forth in this section within the limit of any funds that may be provided for such purposes;
(12)
To confer with and to provide an advisory opinion to the mayor regarding all commercial and micro loan applications for loans in an amount under $100,000.00;
(13)
To confer with and to provide an advisory opinion to the mayor and city council regarding all commercial and micro loan applications in an amount over $100,000.00;
(14)
To confer with and to provide an advisory opinion to the city council on extended tax stabilization applications pursuant to the authority given to the commission under city ordinance section 16-68(a)(5).
(Rev. Ords. 1987, § 2-126; Ch. 640, § III, 1-5-16; Ch. 741, § I, 8-20-19)
Sec. 2-127. - Same—Limitations.#
Except as may otherwise be provided by ordinance, the powers and duties of the economic development commission are of an advisory nature only, and the commission shall not have any powers or duties which conflict with or supersede the powers and duties of other city commissions or boards.
(Rev. Ords. 1987, § 2-127; Ch. 741, § I, 8-20-19)
Sec. 2-128. - City officials to cooperate.#
All officers and department heads of the city shall cooperate with the economic development commission and render all reasonable assistance.
(Rev. Ords. 1987, § 2-128; Ch. 741, § I, 8-20-19)
Sec. 2-129. - Commission not to incur financial liability in name of city.#
Neither the economic development commission nor any member thereof shall incur any financial liability in the name of the city.
(Rev. Ords. 1987, § 2-129; Ch. 741, § I, 8-20-19)
Sec. 2-130. - Annual report.#
The economic development commission shall render annually in the month of January a full report of its activities to the city council.
(Rev. Ords. 1987, § 2-130; Ch. 741, § I, 8-20-19)
Secs. 2-131—2-150. - Reserved.#
DIVISION 6. - HISTORIC PROPERTIES DESIGNATION AND STUDY COMMISSION#
Footnotes:
--- (8) --- State Law reference— Rhode Island Historical Preservation and Heritage Commission, G.L. 1956, § 42-45-1 et seq.
Sec. 2-151. - Designation and study transferred to historic district commission.#
The functions of the former historic properties designation and study commission shall be exercised by the historic district commission under chapter 19, sections 19-490—19-498. The historic district commission shall be considered the successor organization to the historic properties designation and study commission for legal and continuity purposes.
(Rev. Ords. 1987, § 2-151; Ch. 673, § I, 7-26-17)
Secs. 2-152—2-156. - Reserved.#
Editor's note— Ch. 673, § II, adopted July 26, 2017, repealed §§ 2-152—2-156. Former §§ 2-152—2-156 pertained to establishment and composition; terms of office; organization; officers; rules; meetings; powers and duties and designation of historic landmarks and derived from Rev. Ords 1987.
Secs. 2-157—2-165. - Reserved.#
DIVISION 7. - PLANNING BOARD#
Footnotes:
--- (9) --- Charter reference— Planning board, § 2-18.
Cross reference— Subdivisions, ch. 15; zoning, ch. 19.
State Law reference— Local planning boards or commissions, G.L. 1956, § 45-22-1 et seq.; home rule charter cities exempt, G.L. 1956, § 45-22-1.
Sec. 2-166. - Created; composition; appointment of members generally; qualifications and compensation of members.#
There is hereby created a planning board consisting of seven members who shall be qualified electors of the city and who shall not be public officeholders of the city, except that one of them may be a member of the zoning board of review. The seven members shall be appointed in accordance with the provisions of the city charter and shall receive remuneration for their service on the board as established by the city council.
(Rev. Ords. 1987, § 2-166; Ch. 742, § I, 8-20-19)
Sec. 2-167. - Ex officio members.#
In addition to the planning board members provided for in section 2-166, there shall be three ex officio members consisting of the mayor or his or her authorized representative, a member of the city council selected by the council and a member of the school committee or its superintendent, who may be appointed by the school committee. All of the ex officio members shall sit with the planning board and shall serve in such capacity for and during their term of office, provided that such ex officio members of the board shall have no voting powers as members of the board.
(Rev. Ords. 1987, § 2-167; Ch. 742, § I, 8-20-19)
Sec. 2-168. - Appointment of first members; term of office; vacancies; removal from office.#
(a)
The four members of the planning board who are appointed by ward and the three members appointed city-wide shall serve for a period of five years, except that the initial appointments for members of the planning board pursuant to this division shall be made as follows: The member appointed from Ward 1 shall be appointed for a term of one year, whose term shall expire January 15, 1997; the member appointed from Ward 2 shall be appointed for a term of two years, whose term shall expire January 15, 1998; the member appointed from Ward 3 shall be appointed for a term of three years, whose term shall expire January 15, 1999; the member appointed from Ward 4 shall be appointed for a term of four years, whose term shall expire January 15, 2000; and one member appointed shall be appointed for a term of five years, whose term shall expire January 15, 2001. Two additional city-side members shall also be appointed. The term of the first appointment shall expire January 15, 2023, and the term of the second appointment shall expire January 16, 2024.
(b)
Each member shall continue in office until his successor has been duly appointed and qualified. In case any vacancy shall occur in the board for any cause, the vacancy shall be filled in the manner provided above, and the appointed shall serve for and during the unexpired term of his predecessor.
(c)
Any member of the board may be removed by the city council for due cause including malfeasance, misfeasance, or nonfeasance generally and in particular:
(1)
Failure to maintain reasonable familiarity with state statutes and local ordinances and rules affecting the board;
(2)
Failure to disclose conflict of interest for purposes of disqualification when a member has personal or monetary interest in the matter involved or will be affected by a decision of the board.
(Rev. Ords. 1987, § 2-168; Ch. 742, § I, 8-20-19)
Sec. 2-169. - Election of officers.#
The planning board shall elect a chair from its members whose term of office shall be for one year and who may be eligible for reelection. The board may, at its discretion, likewise elect a vice-chair. The board shall also elect a secretary in the same manner as the chair.
(Rev. Ords. 1987, § 2-169; Ch. 742, § I, 8-20-19)
Sec. 2-170. - Rules of transaction of business; record of resolutions, transactions, etc.#
The planning board shall adopt rules for the transaction of its business and shall keep a permanent record of all the resolutions, transactions, findings, determinations and recommendations; and all such records shall become public records.
(Rev. Ords. 1987, § 2-170; Ch. 742, § I, 8-20-19)
Sec. 2-171. - Duties of officers.#
(a)
The chair of the planning board shall preside over all its meetings, and in his or her absence the vice-chair, if such office exists, shall take over the duties of the chair. If the board fails to elect a vice-chair, the members of the board shall appoint a temporary chair to conduct the meeting in the absence of the chair.
(b)
It shall be the duty of the secretary to keep minutes of all board meetings, record all its transactions and authenticate such minutes and records. All of the records shall be kept by the secretary as the board's permanent records, which shall be available to the general public for inspection at all times after the authentication of such records.
(Rev. Ords. 1987, § 2-171; Ch. 742, § I, 8-20-19)
Sec. 2-172. - Powers and duties of board.#
(a)
The planning board shall make careful studies of the construction, resources, possibilities and needs of the city with reference to its future and progressive development, and particularly shall investigate and consider any present or pending civic problems involving the physical construction, arrangement or equipment of the city. The board shall also study the causes and prevention of congestion of population, habitation or travel in the city, study the causes and prevention of slum districts and the improvements of any districts in the city which are run down or decreasing in value and study the public health or sanitary condition or public means and facilities for promoting the public health, comfort or welfare of the city.
(b)
It shall be the function and duty of the planning board to make and recommend to the city council for adoption a comprehensive plan for the physical development of the municipality which shall fulfill the requirements of G.L. 1956, § 45-22.2-1 et seq., and cover the following areas: Economic development, land use, housing, natural resources, circulation, cultural and natural resources, and services and facilities.
(c)
The planning board may make reports and recommendations relating to the comprehensive plan and development of the city to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens.
(d)
It shall be a function of the planning board to adopt, modify and amend regulations and rules governing land development, development plan review, unified development review, and subdivision projects within the city and to control land development, development plan review, unified development review, and subdivision projects pursuant to these regulations and rules. These regulations and amendments thereto, shall be adopted after a public hearing in accordance with G.L. 1956, § 45-23-25 et seq. Printed copies of the regulations shall be available to the general public and shall be revised to include amendments. Any appendices shall also be available. A reasonable charge may be made for copies.
(e)
It shall recommend to the mayor, for inclusion by the mayor in his or her annual budget, a capital program of proposed capital projects for the five fiscal years next succeeding the budget year, the proposed projects to be arranged in order to preference with recommendations as to which projects should be constructed and in which year. The program of financing the capital projects shall also be presented. All public officials shall upon request furnish to the board, within a reasonable time, such available information as it may require for its work.
(f)
The board shall have authority and be required to perform the following functions:
(1)
Prepare plans for the clearance and rebuilding of slum districts in blighted areas within the city;
(2)
Promote public interest in the understanding of the board's planning, zoning, slum clearance and all other phases of the comprehensive plan;
(3)
Meet at least once each month and more often if necessary to accomplish its purposes and objectives;
(4)
Request additional assistance for special survey work from the mayor who may, at this discretion, assign to any department or direct such department to make such special studies as the board may request;
(5)
Make and recommend plans for the planning, improving and redeveloping of neighborhoods within the city;
(6)
Make and recommend plans for the replanning, reconstruction and redeveloping of any district which may be destroyed in whole or in part or seriously damaged by fire, earthquake, flood or other disaster;
(7)
Receive and review all applications for change of zoning made to the city council and consider the applications for recommendation to the council.
(Rev. Ords. 1987, § 2-172; Ch. 742, § I, 8-20-19; Ch. 944, § I(Att.), 9-2-25)
Sec. 2-173. - Reserved.#
Editor's note— Chapter 742, § I, adopted August 20, 2019, repealed § 2-173. Former § 2-173 pertained to entry upon land; placing markings, etc., upon land and derived from § 2-173 of the Rev. Ords. 1987.
Sec. 2-174. - Comprehensive plan—Purpose.#
The comprehensive plan shall be made for the purpose of guiding and accomplishing coordinated, adjusted and harmonious development of the physical ground of the city which will, in accordance with the future and existing needs, best promote public health, safety prosperity, the general welfare of the people and the economy and efficiency of communal life.
(Rev. Ords. 1987, § 2-174; Ch. 742, § I, 8-20-19)
Sec. 2-175. - Same—Preparation.#
(a)
The comprehensive planning process shall be undertaken in accordance with G.L. 1956, § 45-22.2-1 et seq. After a comprehensive study is made by the planning board, it shall prepare a comprehensive plan with accompanying maps, plats, charts and descriptive explanatory matter showing the board's recommendations for physical development of the general location, character and extent of streets, bridges, viaducts, parks, parkways, waterway and waterfront developments, playgrounds and other public ways, grounds, public places or areas, the general location of public buildings and other public property, the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, heat, sanitation, transportation, communication and other purposes and the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing public ways, grounds, places, areas, buildings, properties, utilities or terminals.
(b)
The comprehensive plan may be prepared by the board for recommendation to the mayor and city council in accordance with G.L. 1956, § 45-22.2-1, either as a whole plan or in parts from time to time, which shall correspond generally with one or more of the functional subdivisions of the subject matter of the comprehensive plan.
(c)
The board may, from time to time, recommend additional amendments, extensions, deletions or additions to the comprehensive plan.
(d)
The preparation of the plan or any part, amendment or addition thereof shall be approved by a vote of the majority members of the board. Such vote shall refer expressly to the maps, descriptive matter and other matters intended by the board to form the whole or part or parts of the plan. The vote shall be recorded on the prepared plan, part or parts thereof by the identifying signature of the secretary of the board, and the plan, part or parts thereof shall be submitted to the city council for approval or rejection or to be returned to the planning board for further study and revision.
(e)
In the study for the preparation of the comprehensive plan, part or parts thereof, the planning board may recommend to the mayor and city council for approval the letting out of contracts for professional services and consultants which the board deems necessary. The engagement of professional services and consultants shall be within the limits of the amounts appropriated for those services by the city council in its annual budget.
(Rev. Ords. 1987, § 2-175; Ch. 742, § I, 8-20-19)
Sec. 2-176. - Same—Adoption.#
(a)
Upon completion of the comprehensive plan, part or parts thereof, the planning board may recommend the plan, part or parts thereof, to the city council for its consideration to either adopt, reject or refer the plan, part or parts thereof, back to the planning board with instructions to amend, modify or expand the plan, or parts thereof. After complying with the city council's directive, the board shall submit the modified plan, part or parts thereof to the council for adoption in its final form.
(b)
The city comprehensive plan consisting of an inventory and analysis of existing conditions; land use plan element; housing plan element; economic development plan element; natural, historical and cultural resources plan element; recreation, conservation and open space plan element; community services and facilities plan element; and circulation plan element is hereby adopted as the comprehensive plan for the city. The comprehensive plan shall become effective upon approval by the state pursuant to the laws of the state contained in G.L. 1956, § 45-22.2-1 et seq., and any rules and regulations adopted by the state pursuant to such statute.
(Rev. Ords. 1987, § 2-176; Ch. 742, § I, 8-20-19)
Sec. 2-177. - Same—Construction, etc., of streets, parks, etc., after adoption of plan.#
(a)
Whenever the city council shall have adopted the comprehensive plan of the city, or any part or parts thereof, then and henceforth no street, park or other public way, ground, place or area, no public building or structure and no public utility, whether publicly or privately owned, shall be constructed or authorized in the city until and unless the location and extent thereof shall have been submitted to the planning board for its recommendation of approval or disapproval to the city council. If the planning board shall recommend its disapproval of such projects, the board shall communicate its reasons of disapproval to the city council, and the city council may either adopt or reject the decision of the planning board. The city council may refer any matter relative to the comprehensive plan, part or parts thereof, to the appropriate board, commission or department head with instructions to proceed in accordance with the council's directive.
(b)
The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use or acquisition of land for sale or lease of any street or other public way, ground, place, property or structure shall be submitted to the planning board for its approval or disapproval and such recommendations, with the board's reasons, to the city council as it may deem proper. Failure of the board to act on matters presented to it contained in this section within 30 days from the date of its filing shall constitute an approval and recommendation of the matters presented to the city council.
(Rev. Ords. 1987, § 2-177; Ch. 742, § I, 8-20-19)
Sec. 2-178. - Department of planning and economic development; director of planning and economic development; division of planning; division of economic development.#
(a)
There shall be a department of planning and economic development, the head of which shall be known as the director of planning and economic development who shall be appointed by the mayor. The director of planning and economic development shall possess a bachelor's degree in public or business administration, economics, finance, urban planning, or a related field.
(b)
The department of planning and economic development shall be divided into two divisions, the division of planning and the division of economic development.
(1)
The division of planning shall create, maintain, and implement all neighborhood, redevelopment and special area plans, and oversee environmental planning, historic preservation planning, and transportation planning and transit initiatives.
(2)
The division of economic development shall be responsible for identifying and promoting development opportunities for business growth and development in the city. The division is also responsible for disbursing and monitoring the expenditure of federal community development funding. The division shall be responsible for identifying opportunities to expand development for arts and culture within the city.
(3)
The director of planning and economic development shall work with the division of building inspection, for the purpose of coordinating permitting for developments from the design phase to final inspection,
(4)
The director of planning and economic development shall work with the director of finance and other members of the finance department as may be necessary for the purpose of maximizing economic development initiatives in the city and to promote the long term financial wellbeing of the city which shall include the formulation of a multi-year financial forecast.
(c)
The director of planning and economic development or his or her designee shall be the technical advisor of the planning board and shall be responsible for the preparation of all records of the board, which records shall be authenticated by the board's secretary. The director shall also have the power to call a special meeting of the planning board.
(d)
The director of planning and economic development shall be the administrative head of the department of planning and economic development who, in addition to such other duties fixed by the mayor, shall prepare a fiscal department budget for presentation to the mayor. Such budget shall set forth the necessary funds for the department of planning and economic development, as well as the funds for the use of the planning board.
(Rev. Ords. 1987, § 2-178; Ch. 742, § I, 8-20-19)
DIVISION 8. - JUVENILE HEARING BOARD#
Sec. 2-179. - Established.#
There is hereby established within the city a juvenile hearing board with the powers set forth in this division for the purpose of hearing all cases referred to such board by the chief of police of the city with respect to persons resident in the city, ages ten to 17, who are charged with violating the criminal laws of the state, or the city.
(Rev. Ords. 1987, § 2-179; Ch. 604, § I, 6-3-14)
Sec. 2-180. - Referral.#
(a)
No person who is a resident of the city and under the age of 18 shall be referred to the family court for commission of a juvenile offense without having first been offered the opportunity to have his case heard before the juvenile hearing board, established in this division, if the offense is one, which if committed by an adult, would be a misdemeanor; provided, however, that this requirement shall not apply in the case of any person:
(1)
Charged with the crime of assault or battery;
(2)
Who shall have been twice previously referred to the juvenile hearing board or have been once previously referred and refused or failed to abide by the sanctions imposed or make the restitution recommended;
(3)
Who at the time of commission of such juvenile offense shall be within the custody and control of the family court; and/or
(4)
Where the juvenile prosecution officer determines the referral is inappropriate for this particular juvenile.
(b)
The chief of police may offer referral to the juvenile hearing board to any other juvenile offender where, in the opinion of the chief of police, such referral would be beneficial to the juvenile concerned and the community at large. No referral to the juvenile hearing board shall be made by the chief of police until such person, together with his legal guardians, shall have in writing waived such person's rights to a hearing in the family court with respect to the offense charged, shall have admitted to guilt, and shall have agreed to abide by the decision of the juvenile hearing board.
(Rev. Ords. 1987, § 2-180; Ch. 604, § II, 6-3-14)
Sec. 2-181. - Composition of board.#
The membership of the juvenile hearing board shall consist of five persons over the age of 21 years to be appointed, after consultation with the chief of police, by the mayor, subject to approval of the majority of the city council. All appointees shall be residents of city and who shall serve for a three-year term, but no appointee shall serve more than two three-year terms but shall remain as a member until a successor is appointed and qualified. In the event of a vacancy occurring in the office of a member by death, resignation or otherwise, such vacancy shall be filled in like manner as the original appointment, but only for the remainder of the term of the former member. No member of the juvenile hearing board shall be entitled to receive any compensation by reason of his service on the board.
In addition to the five standing members, the mayor shall appoint three alternates with the approval of the majority of the council to be designated as the first, second and third alternate members. All alternates shall serve for a term of three years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing, the second alternate shall vote if two members of the board are unable to serve at a hearing, and the third alternate shall vote if three members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. In the absence of the second alternative, the third alternate member shall serve in the position of the second alternate. The alternate members shall exercise the same duties and functions of a regular member when serving on the board and may be removed from office by the city council in the same manner as a regular member.
(Rev. Ords. 1987, § 2-181; Ch. 604, § III, 6-3-14; Ch. 760, § I, 2-18-20)
Sec. 2-182. - Duties of board.#
The juvenile hearing board shall hear all cases referred to it by the chief of police. If after such referral the person before the juvenile hearing board shall not admit guilt, such case shall be referred back to the chief of police for presentation to the family court for prosecution. In all cases heard by the juvenile board, it shall determine what discipline or other remedial action shall be imposed upon the person before it. In making such determination, the juvenile hearing board shall not be bound by the customary rules of evidence, and may consider all probative and relevant evidence whether or not such evidence would be admissible in a court of competent jurisdiction. The juvenile hearing board shall impose sanctions (other than incarceration) and may direct restitution for any injuries resulting from the commission of such offense to which guilt has been admitted. In those cases in which the board orders restitution/community service, it shall attempt to assist the juvenile offender and his/her parents in providing a means whereby the offender may complete such restitution/community service, including without limiting the generality of the foregoing, attempting to provide, with cooperation of the mayor or the superintendent of schools, suitable community service opportunities by the city. In any such proceeding, the juvenile hearing board, prior to imposing sanctions, shall request the juvenile offender and his/her parents to agree to the sanctions imposed, and the amount of restitution/community service and manner of making such restitution/performing such community service. In ordering restitution/community service, the juvenile hearing board shall take into account the juvenile offender's ability to pay/comply, and the amount of actual damage caused as a result of the commission of such offense.
(Rev. Ords. 1987, § 2-182; Ch. 604, § IV, 6-3-14; Ch. 877, § I, 6-6-23)
Sec. 2-183. - Meetings of the board.#
The juvenile hearing board shall meet not less than once each month. The juvenile prosecution officer shall give notice of the matters to be heard to the board, to the chief of police, and the juvenile offender and his/her parents, not less than seven days prior to the date of the hearing. A majority of the members of the juvenile hearing board shall constitute a quorum, and its proceedings shall be closed to the public. Matters heard before the juvenile hearing board are confidential and the provisions of the Rhode Island Open Meetings Act shall not apply to such proceedings. The juvenile hearing board shall elect one from its members as its chair, and one as its vice-chair. In the absence of the chair, the vice-chair shall be the presiding officer. A majority of the members present shall be required to take any action. The juvenile hearing board shall have the power from time to time to draft rules governing its proceedings or to amend or repeal any rules theretofore adopted, subject to the approval of the city council.
(Rev. Ords. 1987, § 2-183; Ch. 604, § V, 6-3-14; Ch. 708, § I, 5-15-18)
DIVISION 9. - RESERVED#
Footnotes:
--- (10) --- Editor's note— Chapter 705, § I, adopted April 17, 2018, repealed div. 9, §§ 2-184—2-188. Former div. 9 pertained to the housing advisory commission and derived from Rev. Ords. 1987.
Secs. 2-184—2-188. - Reserved.#
DIVISION 10. - LAND TRUST#
Sec. 2-189. - Created; purpose; authority.#
The city land trust is hereby created as a body politic and incorporated as a public instrumentality which shall have the authority to acquire, hold, and manage real property and interests therein, including development rights, situated in the city. Such acquisition and management shall be for the purpose of protecting, managing, and preserving natural areas, rivers and streams, freshwater wetlands and adjoining uplands and marshes, coastal wetlands, wildlife habitats, land or buildings providing access to or views of water bodies, walking and bicycle paths, land for agricultural use or future public recreational use, and historical sites.
(Rev. Ords. 1987, § 2-189)
Sec. 2-190. - Membership; appointment of members; terms; vacancies.#
(a)
The land trust shall be administered by seven trustees, five of whom shall be appointed by the mayor, one of whom shall be a member of and selected by the planning board, and one of whom shall be a member of and selected by the conservation commission. Each of the trustees shall be appointed for a three-year term.
(b)
The initial appointments by the mayor shall be for staggered terms. The initial appointment of the planning board shall be for a one-year term. The initial appointment of the conservation commission shall be for a two-year term. All vacancies occurring during a term shall be filled in the same manner set forth in subsection (a) of this section and shall be filled for the unexpired term.
(Rev. Ords. 1987, § 2-190; Ch. 877, § XVIII, 6-6-23)
Sec. 2-191. - Composition; compensation.#
Trustees shall be electors of the city and shall hold office until the appointment of a successor trustee. Trustees shall not be elected officials or salaried employees of the city. Trustees shall serve without compensation.
(Rev. Ords. 1987, § 2-191)
Sec. 2-192. - Election of officers; reports; rules and regulations; budgets.#
(a)
The trustees shall annually elect a chair and vice-chair from their members and shall appoint a secretary who may either be a member or a nonmember. Copies of all meeting minutes shall be submitted to the mayor for distribution as he shall see fit and shall be filed with the city clerk.
(b)
The trustees shall adopt reasonable rules and regulations governing the conduct of land trust affairs, including the acquisition and management of its holdings, not inconsistent with the provisions of this division. All rules and regulations of the land trust are subject to the approval of the city council. Decisions of the trustees shall be by majority of those present and voting, except that decisions on the acquisition of land, easements conservation restrictions, rights-of-way and other uses referred to in section 2-189 of this land trust shall be by majority vote of all trustees.
(c)
The trustees shall prepare a budget that shall be submitted to the mayor for review and approval and then be presented to the city council for adoption. The funds so authorized will be paid by the city treasurer in accordance with the usual procedures of the city. All funds that are released for land acquisition by this land trust can only be released after a public hearing requiring two weeks of advertising, and approval by a majority of the trustees.
(Rev. Ords. 1987, § 2-192; Ch. 877, § I, 6-6-23)
Sec. 2-193. - Powers and duties.#
The land trust shall have the following powers and duties: (1)
To purchase or otherwise acquire fee simple or any lesser interest in real property owned by consenting land owners, including development rights as defined in G.L. 1956, § 42-82-2, and conservation restrictions, or any other interest consistent with the purposes of this division;
(2)
To accept and apply for gifts, grants, loans of funds, or services from any source, public (local, state or federal) or private, and comply, subject to the provisions of this division, with any terms or conditions thereof;
(3)
To administer and manage land and interests in land held by it in a manner consistent with the purposes of this division and with the terms of any grant or devise by which such land or interest was acquired; convey any such land or interest to a nonprofit corporation (subject to the provisions of subsection (5) of this section) provided that such land shall continue to be used in a manner consistent with the purposes of this division and with the terms of any grant or device by which such land was acquired by the land trust;
(4)
To employ such persons as are necessary to acquire, manage and preserve land and interests in land held by the land trust;
(5)
To dispose of all or any portion of its real property or interests therein held by it, whenever in the opinion of the trustees such lands or properties have become unsuitable or have ceased to be used for the purpose set forth in this division. Such disposition shall be made only by a vote of the trustees in which at least five members vote in favor of such a disposition and further only after having been approved by vote of the city council in accordance with the provisions of the Charter of the city governing disposition of land. Nothing in this subsection shall be construed to authorize the sale, lease or conveyance of lands or improvements held by the land trust as part of a charitable trust or acquired by gift or devise for the public use, unless authorized by the deed conveying these lands to the land trust or by agreement entered into between the donor and the land trust;
(6)
To invest such portions of its funds as may be deemed prudent in any investment that the city may invest its funds in, including but not limited to "homeowner notes," so called;
(7)
To otherwise do all things necessary for the performance of its duties, the fulfillment of its obligation and the conduct of its business.
(Rev. Ords. 1987, § 2-193)
Sec. 2-194. - Creation of fund; exempt from taxation.#
(a)
All funds collected by virtue of the city's bonding authority for the purpose of financing the activities of the land trust under this division, any applicable federal or state funds, and funds received under the provisions of section 2-193 of this division shall be deposited in a fund for the land trust to be established by the treasurer of the city. Additional monies or other assets received as voluntary contributions, grants or loans, funds appropriated to the land trust by vote of the city council, or proceeds from the disposal of real property or interests shall be deposited into such account. All expenses lawfully incurred by the land trust in carrying out the provisions of this division shall be evidenced by proper vouchers and shall be paid by the treasurer of the city only upon submission of warrants duly approved by the land trust and the city council. All investment income shall accrue for the benefit of the land trust.
(b)
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 the trust shall not be required to pay any tax, excise or assessment to the state or any of its political subdivisions; provided however, any land acquisition or transaction of any nature that results in the removal of property from the tax rolls shall be subject to the approval of the majority of the city council.
(Rev. Ords. 1987, § 2-194)
Sec. 2-195. - Transfer of title upon dissolution of land trust.#
Upon termination or dissolution of the land trust, the title to real estate and interests thereon, all funds and other properties owned by the land trust which remain after payment or making provision for payment of all bonds, notes and other obligations of the land trust shall vest in the city.
(Rev. Ords. 1987, § 2-195)
DIVISION 11. - RESERVED#
Footnotes:
--- (11) --- Editor's note— Chapter 877, § X, adopted June 6, 2023, repealed art. III, div. 11, §§ 2-196—2-200. Former div. 1 pertained to the senior and disabled citizen's advisory committee and derived from §§ 2-195.1—2-195.5 of the Rev. Ords of 1987 and Ch. 706, § I, adopted April 17, 2018.
Secs. 2-196—2-200. - Reserved.#
DIVISION 12. - RESERVED#
Footnotes:
--- (12) --- Editor's note— Chapter 877, § V, adopted June 6, 2023, repealed art. III, div. 12, §§ 2-201—2-206. Former div. 11 pertained to the beautification commission and derived from §§ 2-195.6—2-195.11 of the Rev. Ords of 1987 and Ch. 620, § I, adopted April 7, 2015.