The text
Footnotes:
--- (1) --- Cross reference— Amusements, Ch. 3; animals, Ch. 4; historic preservation, Ch. 7; nuisances, Ch. 10; parks and recreation, Ch. 11; personnel, Ch. 13; solid waste, Ch. 16, taxation, Ch. 19.
ARTICLE I. - IN GENERAL#
Secs. 2-1—2-25. - Reserved.#
ARTICLE II. - BOARDS, COMMITTEES, COMMISSIONS#
Footnotes:
--- (2) --- Cross reference— Board of recreation, § 11-26 et seq.; historic district commission established, § 7-2; police commission, § 4-25 et seq.; recreation board created, § 11-26 et seq.; zoning board of review, App. A, § 19.
DIVISION 1. - GENERALLY#
Secs. 2-26—2-40. - Reserved.#
DIVISION 2. - RESERVED#
Footnotes:
--- (3) --- Editor's note— Ch. 226, § 1, adopted September 17, 2012, repealed §§ 2-41—2-45, which pertained to board of finance and derived from Ch. 80, §§ 1—3, 3-3-86; Ch. 94, § 1, 11-16-87; Ch. 194, § 1, 5-21-07.
Secs. 2-41—2-65. - Reserved.#
DIVISION 3. - CONSERVATION COMMISSION#
Footnotes:
--- (4) --- Cross reference— Buildings and building regulations, Ch. 5; historic preservation, Ch. 7; mobile homes and mobile home parks and camping areas, Ch. 9; parks and recreation, Ch. 11; zoning, App. A.
State Law reference— Conservation commissions, G.L. 1956, § 45-35-1 et seq.
Sec. 2-66. - Created, purposes, etc.#
There is hereby created a commission, to be called the conservation commission, the purpose of which is to promote and develop the natural resources, to protect the watershed resources, and to preserve natural esthetic areas within the town. Such commission shall conduct researches into local land areas and shall seek to coordinate the activities of unofficial bodies organized for similar purposes. It may recommend to the town council a program for the better promotion, development, utilization, or preservation of open areas, streams, shores, wooded areas, roadsides, swamps, marshlands, and natural esthetic areas, which shall also include areas to be included for recreational facilities for the town. It shall keep accurate records of its meetings and actions, and shall file an annual report with the town council.
(Ch. 23, § 1, 8-4-69)
Sec. 2-67. - Composition; appointment, terms, organization.#
(a)
The conservation commission shall consist of five (5) members appointed by the town council, and a quorum at any meeting shall consist of at least three (3) members. The members of such commission shall be appointed for three-year terms, except the initial appointments of the members shall be as follows: two (2) members for one (1) year; two (2) members for two (2) years and (1) member for three (3) years.
(b)
At the first meeting of the conservation commission, the members shall elect a chairman, a vice-chairman, and shall organize such committees as they shall deem necessary for the performance of their duties. In the event of a vacancy, interim appointments shall be made by the town council to complete the unexpired term of such position. To effectuate coordination of related endeavors, the town planning board and/or any other board, commission or agency concerned with resource use, shall notify the commission of any proposals concerning natural resources made by or to any of them.
(Ch. 23, § 2, 8-4-69; Ch. 227, § 1, 11-19-12)
Sec. 2-68. - Meetings.#
All meetings of the conservation 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 its decision. All records of its proceedings, resolutions and actions shall be open to public view.
(Ch. 23, § 3, 8-4-69)
Secs. 2-69—2-85. - Reserved.#
DIVISION 4. - ECONOMIC DEVELOPMENT COMMISSION#
Sec. 2-86. - Established.#
Pursuant to Public Laws, 1985, Chapter 22, there is hereby established an economic development commission in the town.
(Ch. 76, § 1, 7-1-85)
Sec. 2-87. - Purpose.#
The economic development commission shall study, investigate, promote and encourage the preservation, expansion and sound development in the town of industry, business, commerce and tourism. The commission shall be considered the economic development agency in the town.
(Ch. 76, § 2, 7-1-85)
Sec. 2-88. - Membership and organization.#
(a)
The town council may appoint up to ten (10) members to the economic development commission, but in no case shall there be less than five (5) members. All members shall be residents of the town. Appointments shall be made by the town council for staggered terms of five (5) years, with no more than four (4) terms to expire in each year.
(b)
Members shall be appointed for five-year terms upon the expiration of a member's term. A vacancy in the membership shall be filled by the town council for the remainder of the unexpired term. Any member may be removed by the town council for good and sufficient cause following a public hearing.
(c)
The economic development commission shall organize annually by electing a chairperson, vice-chairperson and secretary. The commission shall meet within thirty (30) days after their appointment at the call of the town council, and thereafter on a regular basis at the call of the chairperson. The presence of a majority of the currently appointed members shall constitute a quorum.
(d)
The economic development commission may adopt bylaws for the performance of the duties prescribed in this division, and it shall abide by all sections of G.L. 1956, § 42-46-1 et seq. regarding open meetings.
(Ch. 76, § 3, 7-1-85; Ch. 146, 12-15-97; Ch. 289, 7-3-23; Ord. No. 25-02, 2-18-25)
Sec. 2-89. - Powers and duties.#
(a)
The economic development commission shall have the following powers and duties:
(1)
To collect, compile and disseminate information relative to the economic resources of the town, including industry, business, commerce, agriculture and recreational facilities.
(2)
To publicize the material and economic advantages of the town, and to promote and encourage the location and development of new industry, business, commerce, agriculture and recreational facilities in the town.
(3)
To assist industry and business enterprises desiring to locate in the town to obtain financial assistance.
(4)
To recommend to the town council plans and schemes of development, including recommendations for the prohibition of industry, business, or commerce which in its judgment may be found to be a threat to the environment, to the conservation of groundwater resources and to other natural resources.
(5)
To enter into cooperative agreements with private, state, regional or federal agencies for technical or other assistance.
(6)
To, at its discretion, hold public hearings on any plans and schemes recommended to the town council.
(b)
In the preparation of such plans and schemes, the commission shall have access to all available plans, records, surveys and other data filed with other departments of the town. Furthermore, the commission shall provide estimates of the costs of its recommendations.
(Ch. 76, § 4, 7-1-85)
Sec. 2-90. - Compensation.#
Members of the economic development commission shall serve as such without compensation. Commission members may be reimbursed within limits of funds appropriated for expenses in the performance of their duties.
(Ch. 76, § 5, 7-1-85)
Sec. 2-91. - Reports.#
The economic development commission shall report annually to the town council, summarizing its work of the preceding year and recommending programs, plans and actions for future development. All studies, plans and reports of the commission shall be submitted to the town council and to any other designated agency or official and shall, with the approval of the town council, be published and made available to the public.
(Ch. 76, § 6, 7-1-85)
Sec. 2-92. - Finances, staff and private subscriptions.#
(a)
The town shall, at its discretion, appropriate funds for the purpose of contributing to the operation of the economic development commission to be expended for the purpose of advertising the resources, advantages, and attractions of the community and for the further purpose of promoting the growth and welfare of the town. Within the limit of any funds appropriated to it, the commission may with the approval of the town council engage technical or clerical assistance to aid the commission in the discharge of its duties and also to reimburse commission members for expenses incurred in the performance of their duties. All such sums shall be expended under the direction of the commission.
(b)
The economic development commission may, with the approval of the town council, contract for and accept funds from the United States or any agency or instrumentality thereof or private subscriptions for the purpose of advertising the resources, advantages, and attractions of the town and may with approval of the town council expend such sums as provided for in this division. There shall be established within the town treasurer's office a restricted receipt account for such funds.
(Ch. 76, § 7, 7-1-85)
Secs. 2-93—2-110. - Reserved.#
DIVISION 5. - PLANNING BOARD#
Footnotes:
--- (5) --- Cross reference— Buildings and building regulations, Ch. 5; historic preservation, Ch. 7; mobile homes and mobile home parks and camping areas, Ch. 9; parks and recreation, Ch. 11; streets, sidewalks and other public places, Ch. 17; zoning, App. A.
State Law reference— Local planning board or commission, G.L. 1956, § 45-22-1 et seq.
Sec. 2-111. - Established.#
In accordance with title 45, chapter 22 of the General Laws of Rhode Island as amended, there is hereby established a planning board for the town.
(Ch. 34, § 1, 6-4-73)
Sec. 2-112. - Membership, vacancies.#
(a)
The planning board shall consist of five (5) members resident in the town. Appointments shall be made by the town council for terms of five (5) years, with no more than one (1) term to expire each year.
(b)
A vacancy in the membership of the planning board shall be filled by the town council for the remainder of the unexpired term. Any planning board member may be removed by the town council for good and sufficient cause following a public hearing.
(Ch. 34, § 2, 6-4-73)
Sec. 2-113. - Compensation.#
Members of the planning board shall serve as such without compensation. The board members may be reimbursed within the limitations of funds appropriated for expenses incurred in the performance of their duties.
(Ch. 34, § 3, 6-4-73)
Sec. 2-114. - Organization.#
The planning board shall organize annually by electing a chairman, vice-chairman and a secretary. The planning board may adopt bylaws for the performance of the duties prescribed in this division.
(Ch. 34, § 4, 6-4-73)
Sec. 2-115. - Technical assistance.#
Within the limits of the funds appropriated for its use, the planning board may engage technical or clerical assistance to aid in the discharge of its duties. The planning board may, subject to confirmation of the town council and within the limits of the funds appropriated to it, enter into cooperative agreements with private, state, regional or federal agencies for technical assistance and studies deemed to be in the best interest of the community.
(Ch. 34, § 5, 6-4-73)
Sec. 2-116. - Duties.#
(a)
The planning board shall prepare and adopt a comprehensive plan for the development of the town. Such plan shall, among other things, show the general arrangement of and goals, objectives and standards for land use, transportation routes and facilities, public facilities and services, renewal or rehabilitation programs, housing programs, including cooperative housing programs not limited to but also involving limited equity cooperative housing designed for low and moderate income residents; conservation areas, historic preservation areas and environmental protection programs together with recommended programs of action and improvement deemed necessary to implement the features of such plan. The planning board may hold public hearings on the comprehensive plan or elements thereof as a guide to planning board action related to the features contained in the plan. The town council may, following a public hearing, adopt a comprehensive plan or any portion thereof previously adopted by the planning board and recommended to the town council by the planning board. Adoption of such a comprehensive plan or portion thereof by the town council shall bind the council to this plan or portion thereof in any future action related to features in the plan. The adopted comprehensive plan or any element thereof may be modified or amended by the town council following a public hearing. At least thirty (30) days prior to the date of public hearing, such modification or amendment shall be referred to the planning board for an advisory opinion. Failure of the planning board to forward a recommendation to the town council within this thirty-day period shall be deemed an approval of the modification or amendment by the planning board. The affirmative vote of at least two-thirds of the town council shall be necessary to enact any modification or amendment to the comprehensive plan or element thereof where the planning board has rendered an adverse decision. At intervals of no greater than five (5) years, the planning board shall review the comprehensive plan or elements thereof and make modifications, amendments or additions deemed necessary in the light of current and projected community development trends and needs. Any such modifications shall be recommended to the town council and adopted in the manner prescribed above.
(b)
The planning board shall make studies of the resources and needs of the town with reference to its physical, economic, and social growth and development as affecting the health, safety, morals and general welfare of the people. Such studies, plans and reports may concern, among other things, the following:
(1)
Land use and land use regulations.
(2)
Transportation facilities.
(3)
Public utilities.
(4)
Public facilities and site locations including recreation areas, schools, fire, police and other principal structures and developments.
(5)
Blighted areas including plans for redevelopment, renewal, rehabilitation or conservation.
(6)
Problems of housing and the development of housing programs.
(7)
Natural resource conservation.
(8)
Environmental protection.
(9)
Protection from disaster.
(10)
Economic and sociological characteristics.
(11)
Preservation of historic sites and buildings.
(12)
Economic development.
(c)
When directed by the town council, the planning board shall prepare an annual capital budget and a comprehensive six-year capital improvements program.
(d)
The planning board shall submit an advisory opinion and recommendation on all zoning matters referred to it and any other matter referred to it by the town council.
(e)
The planning board shall have the authority to call upon other departments, boards, and committees of the town and upon regional, state and federal agencies for assistance in the performance of its designated functions and shall cooperate with such town, regional, state and federal agencies on matters of community, regional and state planning.
(f)
The planning board shall carry out such other duties as may be assigned to the board from time to time by any act of the general assembly or by any ordinance, code, regulation, order or resolution of the town council.
(Ch. 34, § 6, 6-4-73)
State Law reference— Similar provisions, G.L. 1956, § 45-22-6.
Sec. 2-117. - Reports.#
The planning board shall submit an annual report to the town council summarizing the work of the preceding year and recommending programs, plans and actions for future development. All studies, plans, and reports of the planning board shall be submitted to the town council and to any other designated agency or official and thereafter, upon approval of the town council, may be published for general circulation.
(Ch. 34, § 7, 6-4-73)
State Law reference— Similar provisions, G.L. 1956, § 45-22-8.
Secs. 2-118—2-125. - Reserved.#
DIVISION 6. - RESERVED#
Footnotes:
--- (6) --- Editor's note— Ch. 222, § 1, adopted April 16, 2012, repealed §§ 2-126—2-129, which pertained to highway commission and derived from Ch. 101, § 1, 5-21-90.
Secs. 2-126—2-129. - Reserved.#
DIVISION 7. - JUVENILE HEARING BOARD#
Sec. 2-130. - Authority.#
Said juvenile hearing board (board) is established pursuant to an act relating to the Town of Hopkinton Juvenile Hearing Board, enacted by the Rhode Island General Assembly pursuant to Section 45-2 of the General Laws of Rhode Island (as amended).
(Ch. 144, § 1, 10-20-97)
Sec. 2-131. - Purpose.#
The board is established to promote the public health, safety, morals, and general welfare in and for the Town of Hopkinton.
(Ch. 144, § 2, 10-20-97)
Sec. 2-132. - Jurisdiction.#
The board shall hear all cases referred to it from the chief of police, or his designee, with respect to persons resident of the Town of Hopkinton, under the age of eighteen (18), who are charged with violating the criminal laws of the State of Rhode Island, limited to wayward, misdemeanor and status offenses, and violations of town ordinances as to an offense occurring after October 1st, 1997. Referral to the board shall not be offered to any juvenile: (1)
Who has been charged with the crime of assault or battery;
(2)
Who shall have been twice previously referred to the board or who shall have been once previously referred to the board and thereafter failed to abide by the sanctions imposed or to make restitution recommended by the board; or
(3)
Who at the time of commission of the offense was within the custody and control of the family court, not to include guardianship matters.
The board may refuse to hear a case if the juvenile: (1)
Refuses to provide requested information;
(2)
Fails to appear when requested; or
(3)
Refuses to cooperate with the proceedings of the board.
In such a case, the board shall immediately notify, in writing, the chief of police, or his designee, of its refusal and the chief of police, or his designee, shall thereafter refer the case to the family court.
(Ch. 144, § 3, 10-20-97)
Sec. 2-133. - Administration.#
The membership of the Hopkinton Juvenile Hearing Board shall consist of not less than five (5) nor more than eight (8) persons, residents of the Town of Hopkinton, eighteen (18) years or older.
The town council shall appoint two (2) members, whose terms shall expire on September 30th, 1998, and thereafter until their successors are appointed and qualified, two (2) members, whose terms shall expire September 30th, 1999, and thereafter until their successors are appointed and qualified, and one (1) member, whose term shall expire on September 30th, 2000, and thereafter until a successor is appointed and qualified. During the month of August, 1998, and annually thereafter, the town council shall appoint a member or members to succeed the member or members whose terms will next expire to serve for a term of three (3) years, commencing on the first day of October, and thereafter until their successors are appointed and qualified, no member to serve more than two (2) consecutive terms. In the event of a vacancy occurring during the term of a member, the town council shall have the power to fill said vacancy for the remainder of that term. No member of the board shall be entitled to compensation for his/her services on board.
(Ch. 144, § 4, 10-20-97; Ch. 166, 5-6-02)
Sec. 2-134. - Power and duties.#
The board is authorized to hear all cases referred by the chief of police, or his designee, and is authorized to impose and order (including but not limited to) the following sanctions other than incarceration: (1)
Fines up to one hundred dollars ($100.00) for each offense charged;
(2)
Community service;
(3)
Restitution (in addition to any fines) for injuries and/or damages stemming from such offense;
(4)
Reasonable curfew; and
(5)
Denial or revocation of the juvenile's driving privilege for a period not to exceed two (2) years.
Prior to participating in any hearing, the juvenile together with his/her legal guardian and/or legal counsel shall agree, in writing, to waive his/her right to a hearing by the family court, to admit, in writing, having committed said charged offense, and to agree, in writing, to be bound by the sanctions imposed by the board. The board must advise the juvenile, in writing, of his/her right to counsel and the right to have same present at any hearing. In making its determination, the board shall not be bound by the customary rules of evidence, and may consider any evidence it deems relevant.
Prior to the hearing, the board shall give notice of the date and time of the hearing to the chief of police, or his designee, and to the alleged offender and his/her legal guardians, not less than seven (7) days prior to the date of the hearing.
Prior to imposing any sanctions, the board shall request the juvenile and his/her legal guardians to agree to said sanctions, the amount of restitution (if any), and the manner of making same. In ordering restitution, the board shall consider the juvenile's ability to pay and the amount of damage actually caused as a result of the offense charged.
A majority of the board's membership shall constitute a quorum, and a majority of the member's present shall be required to impose any sanctions.
The board shall have the power from time to time to draft rules governing its proceedings or to amend or repeal any rules previously adopted, upon advice and consent of the town council.
(Ch. 144, § 5, 10-20-97)
Sec. 2-135. - Closing proceedings.#
Board proceedings shall be closed to the public, and the provisions of Chapters 42—46 of the Rhode Island General Laws shall not apply to any such proceedings. All records or proceedings, including records concerning the arrest, apprehension, or detention of any juvenile offender, shall be withheld from public inspection, except such records shall be available to the legal guardians or attorney of the juvenile for inspection.
(Ch. 144, § 6, 10-20-97)
ARTICLE III. - OFFICERS AND EMPLOYEES#
Footnotes:
--- (7) --- Cross reference— Highway superintendent appointed, § 17-36 et seq.; office of building official established, § 5-3; personnel, Ch. 13; police, Ch. 14; police chief, § 14-56 et seq.
DIVISION 1. - GENERALLY#
Sec. 2-136. - Handling of town funds.#
Any town official, employee, or other person receiving any money in payment of fees or for any other purpose in behalf of the town shall turn such money over to the town treasurer as soon as is practicable, but in any event such funds shall be turned over to the town treasurer within thirty (30) days after receipt.
(Ch. 27, 4-6-70)
Sec. 2-137. - Director of emergency management.#
(a)
There shall be established, under the direction of the town manager, an emergency management agency (EMA) which shall consist of a director appointed by the town manager under such terms and conditions as the town manager shall determine.
(b)
The duties of the director of emergency management shall include:
(1)
Planning and coordinating the town's response to any occurrence or imminent threat of widespread or severe damage, public utilities interruption, injury, illness, loss of property or life or in any situation in which a state of emergency has been declared that includes the Town of Hopkinton.
(2)
Preparing a comprehensive operations plan for the utilization of town facilities, equipment and personnel during any emergency;
(3)
Equipping, maintaining and staffing an emergency operations center on an as-needed basis;
(4)
Coordinating, facilitating and assisting the town council president, as needed, in declaring/establishing a local state of emergency;
(5)
Assisting the town manager during any actual or declared emergency;
(6)
Acting as liaison for the town with federal and state EMA officials;
(7)
Performing any other duties or functions assigned by the town manager or directed by ordinance of the town council.
(Ch. 223, 3-19-12)
Sec. 2-138. - Veteran's services agent.#
(a)
There shall be established a temporary position within the Hopkinton town government to be referred to as the veteran's services agent.
(b)
The veteran's services agent shall be appointed by majority vote of the town council for an initial two (2) year term. The veteran's services agent shall report to the town council periodically during his or her term and, at the conclusion of the initial two (2) year term, the town council may vote to make the veteran's services agent a permanent position and/or to make any other changes to this section as deemed appropriate.
(c)
The veteran's services agent shall serve in a volunteer capacity without compensation.
(d)
In appointing the veteran's services agent, preference shall be given to applicants that have served in the United States Armed Forces and/or that have relevant experience in the administration of veteran's services and benefits.
(e)
The duties of the veteran's services agent shall include:
(1)
Meeting with veterans, spouses, and their dependents in an office or home setting to assist with determining eligibility for or qualifications for financial, medical, and administrative assistance.
(2)
Assisting veterans, spouses, and their dependents with completing and submitting applications for benefits or services to any appropriate state or federal agencies or not-for-profit organizations.
(3)
Working with veterans, spouses, and their dependents to identify alternative resources that may be available such as may be provided by any state or federal government programs or not-for-profit agencies.
(4)
Communicating and coordinating his or her activities, as necessary, with the town manager and town clerk.
(5)
Working with veterans in the community and providing assistance to find housing, furniture, food, transportation, and other needs as necessary and serve as a liaison to any government or not-for-profit agency providing such services and assistance.
(6)
Maintaining knowledge of pertinent state and federal regulations, benefits programs, and other programs or services that may be available to veterans in the community and keeping abreast of changes in any such regulations, programs, or services.
(7)
Coordinating, planning and/or participating in community activities to honor veterans such as Memorial Day and/or Veteran's Day activities.
(8)
Ensuring compliance with any and all applicable state and federal laws related to the confidentiality of persons' medical and/or personal information.
(9)
Reporting periodically to the town council about the activities of the veteran's services agent and providing recommendations to the town council about the nature of this position and any appropriate amendments to this section.
(Ch. 287, 3-20-23; Ch. 290, 7-3-23)
Secs. 2-139—2-150. - Reserved.#
DIVISION 2. - INDEMNIFICATION#
Footnotes:
--- (8) --- Cross reference— Personnel, Ch. 13; police, Ch. 14.
State Law reference— Authority to indemnify, G.L. 1956, § 45-15-16.
Sec. 2-151. - Indemnity of municipal officials, employees.#
The town council may, on a case-by-case basis, indemnify any public employee, elected official, member of a board, agency or commission appointed by the town council, or by any other person exercising appointing authority delegated to him or her by the town council, whether or not such employee, official or member is paid, from all loss, cost, expense and damage, including legal fees and court costs, if any, arising out of any claim, action, compromise, settlement or judgment by reason of any alleged error or misstatement or act or omission, or neglect or violation of the rights of any person under any federal or state law, including misfeasance, malfeasance or nonfeasance or any act, omission or neglect contrary to any federal or state law which imposes personal liability on any such employee, official or member, if such employee, official or member for any misstatement, error, act, omission, or neglect if the same resulted from willful, wanton or malicious conduct on the part of such employee, official or member.
(Ch. 84, § 1, 11-1-86)
Sec. 2-152. - Legal counsel.#
Legal counsel will be provided at the expense of the town and/or the reimbursement for attorney's fees and other expenses incurred in connection with the conduct of such defense, including payment of the judgment thereon.
(Ch. 84, § 2, 11-1-86)
Sec. 2-153. - Establishment of a fund.#
The town council may at its discretion utilize funds appropriated from time to time by the financial town meeting to defer the costs incurred by the town in carrying out the purposes of this division. Any amounts contained in such fund at the end of any fiscal year will be carried forward to subsequent fiscal years without any reappropriation except as otherwise may be specifically provided by this section.
(Ch. 84, § 3, 11-1-86)
Sec. 2-154. - School employees.#
The town council may extend the indemnity provided for by this division, on a case-by-case basis, to members of the school committee and any other person employed by the school department of the town and any person appointed to any board, agency or commission by such school committee, whether or not such person is compensated for his or her services.
(Ch. 84, § 4, 11-1-86)
Sec. 2-155. - Effective date.#
This article shall take effect upon its passage and shall be retroactive to any claim made on and after February 1, 1986, notwithstanding the fact that such claim is based upon an alleged misstatement, error, act, omission or neglect occurring prior to such date.
(Ch. 84, § 5, 11-1-86)
Secs. 2-156—2-170. - Reserved.#
ARTICLE IV. - ORDINANCES#
Footnotes:
--- (9) --- Cross reference— Procedure for amending Code, § 1-10.
State Law reference— Ordinances, G.L. 1956, § 45-6-1 et seq.
Sec. 2-171. - Enactment clause.#
The enacting style of all ordinances shall be, "It is ordained by the Town Council of the Town of Hopkinton as follows:".
(Ch. 11, § 1, 9-6-27)
Sec. 2-172. - Publication.#
The town clerk shall print copies of each ordinance enacted by the town council and make copies thereof available at the office of the town clerk and shall cause written notice thereof to be published in a newspaper of general circulation within the same town once within two (2) weeks after the enactment of the same.
(Ch. 11, § 2, 9-6-27; Ch. 120, 3-1-93)
Sec. 2-173. - Amendments to town ordinances.#
All ordinances in amendment of or in addition to any chapter of the town ordinances shall contain in the title thereof a reference to the number and title of the chapter of which the same is in amendment or addition.
(Ch.11, § 3, 9-6-27; Ch. 64, 7-20-81)
Secs. 2-174—2-195. - Reserved.#
ARTICLE V. - AWARD OF MUNICIPAL CONTRACTS#
Footnotes:
--- (10) --- Editor's note— Ch. 132, adopted Nov. 7, 1994, repealed former Art. V, §§ 2-196—2-215, relative to purchasing, and re-enacted Art. V, §§ 2-196—2-207 to read as herein set out. The provisions of former §§ 2-196—2-215 derived from Ch. 66, Arts. II—XX, adopted Dec. 7, 1981.
Cross reference— Personnel, Ch. 13.
State Law reference— Joint purchasing power, G.L. 1956, § 45-5-20.
Sec. 2-196. - Purpose and intent.#
This article of the Hopkinton, Rhode Island, ordinances entitled "Award of Municipal Contracts" shall conform with all requirements of R.I.G.L., title 45 chapter 55, entitled "Awarding of Municipal Contracts" as the same may be amended from time to time.
This article shall include provisions consistent or in furtherance of those state law requirements referred to herein.
Rules and regulations may be adopted from time to time by the Hopkinton Town Council concerning the implementation of the provisions of R.I.G.L., chapter 44-55 and the provisions of this article.
(Ch. 132, 11-7-94)
Sec. 2-197. - Definitions.#
In addition to the definition provided R.I.G.L., chapter 44-55, the following word(s) are hereby defined for the purposes of this article and the rules and regulations adopted pursuant hereto; (a)
Capital items shall mean those items of equipment and real property which have a useful life in excess of one (1) fiscal year or add to the value of an existing fixed asset (ex. typewriter, computer, peripherals, equipment with unit value of five hundred dollars ($500.00) or more; or office equipment of five hundred dollars ($500.00) or more).
(Ch. 132, 11-7-94)
Sec. 2-198. - Purchasing agent; appointment; duties.#
The town council shall designate a person or persons to act as purchasing officer so as to exercise the powers and duties set forth herein; in R.I.G.L., chapter 45-55; and in the rules and regulations adopted pursuant hereto.
(Ch. 132, 11-7-94)
Sec. 2-199. - Competitive sealed bidding.#
Pursuant to R.I.G.L., § 45-55-5, contracts exceeding the amount provided by section 2-201 entitled "Small purchases" shall be awarded by competitive sealed bidding unless it is determined in writing that this method is not practicable.
All contracts awarded by competitive sealed bidding shall be awarded by the purchasing agent to the lowest and best bidder. Inaddition to price, there shall be considered the following in awarding any contract: a.
The ability, capacity and skill of the bidder to perform the contract.
b.
Whether the bidder can perform the contract within the time specified, without delay or interference.
c.
The character, integrity, reputation, judgement, experience and efficiency of the bidder.
d.
The quality of performance of previous contracts.
e.
The previous and existing compliance by the bidder with laws and ordinances relating to the contract.
f.
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.
g.
The quality, availability adaptability of the suppliers or contractual services to the particular use required.
h.
The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.
i.
The number and scope of conditions attached to the bid.
(Ch. 132, 11-7-94)
Sec. 2-200. - Competitive negotiation.#
Pursuant to R.I.G.L., § 45-55-6, when a written determination is made that the use of competitive sealed bidding is not practicable, a contract may be awarded by competitive negotiation as provided for by this section of R.I.G.L.
(Ch. 132, 11-7-94)
Sec. 2-201. - Small purchases.#
Pursuant to R.I.G.L., § 45-55-9, procurements not to exceed an aggregate amount to ten thousand dollars ($10,000.00) for construction and five thousand dollars ($5,000.00) for all other purchases may be made in accordance with the small purchase regulations promulgated by the town. These amounts shall be increased or decreased annually hereafter at the same rate as the Boston Regional Consumer Price Index. Procurement requirements shall not be artificially divided so as to constitute a small purchase under this section.
(Ch. 132, 11-7-94)
Sec. 2-202. - Responsibilities of bidders and offerors.#
The town shall issue regulations pursuant to R.I.G.L., § 45-55-11 providing for determination of responsibility of bidders and offerors.
(Ch. 132, 11-7-94)
Sec. 2-203. - Pre-qualifications of suppliers and contractors.#
The town may adopt regulations for pre-qualification of suppliers as responsible prospective contractors for particular types of supplies, services and construction, pursuant to R.I.G.L., § 44-55-12. In considering the supplier for pre-qualification, all items set forth in section 2-199 entitled "Competitive Sealed Bidding," subsections a—i, may be considered, as well as any regulations adopted by the town in furtherance of this provision.
Regulations for pre-qualification shall be adopted in the same manner provided for in the adoption of ordinances by the town.
(Ch. 132, 11-7-94)
Sec. 2-204. - Bid deposits.#
When deemed necessary by the purchasing agent, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety where the purchasing agent has required such. A successful bidder shall forfeit any surety required by the purchasing agent upon failure on his part to enter into a contract within ten (10) days after the award.
(Ch. 132, 11-7-94)
Sec. 2-205. - Sole source procurement and emergency procurements.#
The town may adopt regulations providing for sole source procurement and emergency procurements pursuant to R.I.G.L., chapter 45-55-8, as the same may be amended from time to time.
(Ch. 132, 11-7-94)
Sec. 2-206. - Performance and payment bonds.#
A contractor or vendor shall provide a corporate surety bond from a surety company authorized to do business in the state to guarantee the full and faithful performance of his contract obligations and the payment of labor and material expended pursuant to the contract, whenever and in such amounts as is deemed necessary by the purchasing agent.
(Ch. 132, 11-7-94)
Sec. 2-207. - Tie bids.#
Award of all tie bids shall be made by the purchasing agent, but he purchasing agent may reject any and all bids.
(Ch. 132, 11-7-94)
ARTICLE VI. - HOPKINTON LAND TRUST#
Footnotes:
--- (11) --- Editor's note— Ch. 158, §§ 1—9, adopted August 21, 2000, did not specifically amend the Code. Therefore, such ordinance has been added as §§ Art. V, 2-208—2-216 at the editor's discretion.
Sec. 2-208. - Establish.#
The Town Council of Hopkinton is hereby authorized to establish the Hopkinton Land Trust and does duly establish the Hopkinton Land Trust (hereafter called the trust), a body politic and corporate and a public instrumentality. The trust shall have the authority to acquire, hold, and manage real property and interests therein including development rights situated in the Town of Hopkinton consisting of open, residential, agricultural, recreational, historical or littoral property, including existing and future well fields and aquifer recharge areas, fresh water marsh and adjoining uplands, wildlife habitats, and or buildings providing access to or views of water bodies, or for bicycling and hiking paths, or for future public recreation use, and land for agricultural use. With the exception of property acquired for public historical preservation or recreational purposes, the trust shall hold all property or development rights solely as open space or for agricultural uses or for water purposes or for public access or to prevent the accelerated residential or commercial development thereof, as the trustees may determine.
(Ch. 158, § 1, 8-21-00)
Sec. 2-209. - Regulation by Hopkinton Land Trust of public use of its properties.#
The Hopkinton Land Trust is hereby authorized and empowered to regulate and restrict activities and use, including hours of accessibility, of properties under its ownership or stewardship in such manner as the trustees, in their discretion, may deem fit. In particular, but without limiting the generality of the foregoing, the land trust may restrict or prohibit any or all of the following activities on any of its land: hunting, shooting, archery, fishing, snowmobiling, use of ATV's, dirt bikes, personal watercraft or mountain bikes, swimming, boating, rock climbing, camping, horseback riding, possession of alcohol and any other activity the land trust deems unsuitable or detrimental for the property in question. ;hn00; (Ch. 158, § 1, 8-21-00; Ch. 182, 11-1-04)
Sec. 2-210. - Trustees.#
The trust shall be administered by seven (7) trustees to be appointed by the town council. The trustees who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), five (5), six (6) and seven (7) years respectively. Thereafter, trustees shall be appointed as aforesaid for a term of office of five (5) years, except that all vacancies occurring during a term shall be filled for the unexpired term.
(Ch. 158, § 3, 8-21-00)
Sec. 2-211. - Election and appointments.#
The trustees shall annually elect a chairperson and vice-chairperson from their members and shall appoint a secretary who may or may not be a member. Copies of all meeting minutes shall be filed with the Hopkinton Town Clerk.
(Ch. 158, § 4, 8-21-00)
Sec. 2-212. - Rules and regulations.#
The trustees shall adopt reasonable rules and regulations governing the conduct of trust affairs, including the acquisition and management of its holdings, not inconsistent with the provisions of this act. A quorum for holding legitimate business meetings is four (4) members and decisions of the trustees shall be by a majority of those present and voting, excepting in decisions of the acquisition of land, easements, rights-of-way and other uses referred to in section 2-213 of this article, which must be by majority vote of all trustees.
(Ch. 158, § 5, 8-21-00)
Sec. 2-213. - Powers; duties.#
The trust shall have the power to: (1)
Purchase, receive by gift, or otherwise acquire fee simple or lesser interests in real property, including development rights of any kind or any interest in real property situated in the Town of Hopkinton.
(2)
Accepts gifts, grants or loans of funds or resources or services from any source, public or private, and comply, subject to the provisions of this article, with any terms and conditions thereof within the limits of its available funds.
(3)
Accept from state and/or federal agencies, loans or grants or resources for use in carrying out the trust's purposes and enter into agreements with such agencies respecting any such loans or grants within the limits of its available funds.
(4)
Employ counsel, auditors, engineers, appraisers, private consultants, advisors, secretaries or other personnel needed to perform its duties within the limits of its available funds.
(5)
Administer and manage land and interests in land held by it in a manner which allows, where possible, public use and enjoyment consistent with the natural and scenic resources thereof, including conveyance of any such land or interests in land to and contracts with nonprofit organizations, provided such land shall continue to be used in a manner consistent with the purposes of this act and with the terms of any grant or devise by which such land was acquired by the trust.
(6)
Dispose of all or any portion of its real property or interests therein held by it whenever in the opinion of the trustees said lands or properties have become unsuitable or have ceased to be used for the purposes set forth in this article. Such disposition shall be made only by a vote of the trustees in which at least four (4) members vote in favor of such a disposition and further only after having been approved by a two-thirds (⅔) vote of an annual or special financial town meeting of the Town of Hopkinton. Nothing in this subsection shall be construed to authorize the sale, lease or conveyance of lands or improvements held by the trust as part of a charitable trust or acquired gift or device for the public use, whether or not such gift or devise is subject to a condition subsequent or reverter.
(7)
Otherwise do all things necessary for the performance of its duties, the fulfillment of its obligations and the conduct of its business.
(Ch. 158, § 6, 8-21-00)
Sec. 2-214. - Funds.#
All funds collected by the trust shall be deposited in a fund to be set up as a revolving or sinking account by the Treasurer of the Town of Hopkinton. Additional moneys or other liquid assets received as voluntary contributions, grants or loans, funds appropriated to the trust by a vote of a financial town meeting of the Town of Hopkinton, or proceeds from disposal of real property or interests shall be deposited in said account. All expenses lawfully incurred by the trust in carrying out the provisions of this act shall be evidenced by proper vouchers and shall be paid by the Treasurer of the Town of Hopkinton only upon submission of warrants duly approved by the trust. The treasurer of the Town of Hopkinton shall prudently invest available assets of the funds and all income thereon shall accrue to the fund.
The decision to dissolve the trust shall only result after a vote of the trustees in which at least four (4) members vote to recommend dissolution of the trust to the Town of Hopkinton Town Council. The town council shall then hold a public hearing on the recommendation to dissolve. At the conclusion of the public hearings the town council shall vote on the matter within forty-five (45) days of said hearing.
Upon termination or dissolution of the trust, the titles of all funds and other properties owned by the trust which remain after payment or making provision for payment of all bonds, notes and other obligations of the trust shall vest in the Town of Hopkinton which shall manage the lands of the dissolved trust in the open space function for which they were donated or purchased to the best interest of the purposes of the trust. If in the opinion of a majority of the town council said lands no longer function in the purposes set forth in this act, the town may dispose of those properties provided that a two-thirds (⅔) vote of an annual or special meeting of the Town of Hopkinton shall affirm said disposal.
(Ch. 158, § 7, 8-21-00)
Sec. 2-215. - 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 from betterments and special assessments, and the trust shall not be required to pay any tax, excise or assessment to the State of Rhode Island on any of its political subdivisions.
(Ch. 158, § 8, 8-21-00)
Sec. 2-216. - State funds.#
Nothing in this article shall affect the eligibility of the Town of Hopkinton to receive funds under chapter 4 title 32 of the general laws or any other state land acquisition program.
(Ch. 158, § 9, 8-21-00)