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ARTICLE I. - IN GENERAL#
Sec. 2-1. - Use of town hall and council chamber.#
The town hall and council chamber shall be used for town purposes, and for no other purpose whatsoever, unless specially ordered by the town council.
(Code 1970, § 2-1; Comp. Ords. ch. 27, § 1)
Sec. 2-2. - Indemnification of public officials.#
(a)
The town council hereby specifically indemnifies the hereinafter named elected and appointed public officials of the town from all loss, costs, expenses and damages, including legal fees and court costs, if any, arising out of any claim, action, compromise, settlement or judgment by reason of any intentional tort; or by reason of any alleged 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, at the time of such intentional tort or act, omission or neglect, was acting within the scope of his official duties or employment.
(b)
The council hereby specifically excludes from such indemnification any employee or official covered by this section from any misstatement, error, act, omission or neglect, if the same results from willful, wanton or malicious conduct on the part of such covered official. It shall be the sole province of the council to decide whether said acts are covered or omitted under this section. Covered under this section are payment or counsel fees or other expenses incurred in connection with the conduct of such defense, including payment of the judgment thereon or any settlement or compromise thereof.
(c)
The public officials and/or employees covered by this section are as follows: all members of the town council, town manager, town treasurer, tax collector, town planner, solicitor, assistant town solicitors, federal coordinator/personnel director, department heads for the water pollution control facility and public works department, building official electrical inspector, tax assessor, town clerk, deputy town clerk, building official or his designee, recreation director, fire chief, police chief, and all members of the town school committee.
(d)
In the event that public officials and/or employees covered by this section are sued in any civil proceedings arising out of or related to the actions performed in the course of their service to or employment with the town, the town shall defend such individuals against the civil claim and pay any judgment and costs resulting therefrom. The town shall have the right to deny a defense or payment of such judgment if it is finally determined that such individuals acted outside the scope of their service or employment.
(Code 1970, § 2-4; Ord. of 9-2-1986; Ord. of 1-2-1996; Res. No. 96-04, 1-2-1996; Ord. No. 2003-10, 8-5-2003)
Sec. 2-3. - Residency.#
No person shall be eligible for appointment to any or remain on any board or committee or public office unless said person is a resident and elector of the town; provided, however, that the town council may by resolution waive this requirement as the circumstances so require.
(Code 1970, § 2-5; Res. of 3-1-1988)
Sec. 2-4. - Records retention schedule.#
(a)
The town council herewith formally adopts for usage by the town and all its municipal departments, department heads and town officials the records retention schedule as promulgated by the state local government records program of the state archives, a division of the office of the secretary of state, together with any subsequent updates as may be issued by the office of the secretary of state.
(b)
As of the effective date of the ordinance from which this section is derived, the town, its municipal departments, department heads and town officials shall comply with the records retention schedule and its directives regarding the retention and destruction of town and town council records. A copy of said records retention schedule and all updates shall be maintained by the town clerk, with copies distributed to all municipal departments, department heads and town officials.
(Code 1970, § 2-6; Ord. of 10-5-1993, §§ 1-1, 1-2)
Secs. 2-5—2-26. - Reserved.#
ARTICLE II. - CAPITAL IMPROVEMENTS#
Sec. 2-27. - Definitions.#
For the purposes of this article, the term "capital improvement project" shall be defined as the type of project or acquisition which fits within one or more of the following categories: (1)
Acquisition or lease of land.
(2)
Construction of new buildings or facilities, including engineering, design and other pre-construction costs.
(3)
Improvements or additions to existing buildings or facilities, not including annual replacements or items of routine maintenance and repair.
(4)
Purchase of major items of equipment under the following conditions:
a.
The equipment shall have an anticipated life of two years or more.
b.
The cost of the equipment shall be in excess of $2,000.00.
(Code 1970, § 2-16; Ord. of 1-11-1972, § 1)
Sec. 2-28. - Participating town agencies and officials.#
Not later than November 1 of each year, the following town agencies and officials shall submit requests for capital improvement projects to the town planning board: (1)
Board of canvassers.
(2)
Building and zoning department.
(3)
Director of welfare.
(4)
Fire department.
(5)
Highway, sanitation and garbage.
(6)
Housing authority.
(7)
Police department.
(8)
Redevelopment agency.
(9)
School commission.
(10)
Tax assessor.
(11)
Tax collector.
(12)
Town clerk.
(13)
Town council.
(14)
Town engineer.
(15)
Town solicitor's department.
(16)
Town treasurer.
(17)
Trustees of the town library system.
(18)
Any other town agency, official or department having need for capital acquisitions as defined by section 2-27.
(Code 1970, § 2-17; Ord. of 1-11-1972, § 2)
Sec. 2-29. - Procedure for submitting requests.#
Requests for capital improvement projects shall be submitted on forms supplied by the town planning board in accordance with instructions contained in the Capital Improvement Manual, to be supplied to each participating agency, department and official by the planning board. Each request shall be reviewed by the planning board in the light of current development plans and programs of the town.
(Code 1970, § 2-18; Ord. of 1-11-1972, § 3)
Sec. 2-30. - Project priority.#
In evaluating requests and recommending a capital improvement program, the town planning board shall base its recommendations on the following major criteria and others that may be considered essential to the general welfare of the community: (1)
Protection of life.
(2)
Maintenance of public health.
(3)
Protection of property.
(4)
Conservation of resources.
(5)
Provision of necessary public services.
(6)
Replacement or improvement of obsolete facilities.
(7)
Reduction of operating costs.
(8)
Public comfort and convenience.
(Code 1970, § 2-19; Ord. of 1-11-1972, § 4)
Sec. 2-31. - Financial aspects.#
The town planning board, in consultation with the town treasurer and town council, shall review the requests with respect to the financial resources of the town and shall prepare a schedule showing the effect of requested projects upon the current annual budget and the future debt and debt service charges for the town.
(Code 1970, § 2-20; Ord. of 1-11-1972, § 5)
Sec. 2-32. - Presentation to the town council.#
Not later than January 1 of each year, the town planning board shall forward to the town council and make public a recommended capital budget and capital improvement program for the following six-year period. The first year of this six-year program shall be designated as the capital budget. The town council shall consider this recommended program in assembling the budget for presentation to the annual financial town meeting.
(Code 1970, § 2-21; Ord. of 1-1-1972, § 6)
Secs. 2-33—2-52. - Reserved.#
ARTICLE III. - FINANCES#
DIVISION 1. - GENERALLY#
Sec. 2-53. - Acceptance and administration of private funds.#
(a)
Organizations and/or individuals desiring to donate funds designated for municipal and school functions or activities may do so by delivering such funds to the town finance director. Such organizations or individuals shall also provide the town finance director with written instructions as to their intent regarding the disbursement of said funds.
(b)
The town finance director, upon written approval of the mayor, is authorized to accept said funds and administer said funds in accordance with the instructions of the donors.
(Code 1970, § 2-25; Ord. of 1-7-1992, §§ 1, 2)
Sec. 2-54. - Escrow account for police department equipment.#
There is hereby created an escrow fund for the purpose of replacing and updating police department equipment. Said escrow fund is to be administered by the town's police chief, as follows: (1)
A separate account will be created and known as the town police department equipment escrow fund.
(2)
The proceeds of every sale through auction of police equipment shall be placed in the police department equipment escrow fund.
(3)
The monies in the escrow fund shall be used to purchase equipment for the police department, as needed, in the reasonable discretion of the chief of police, subject to the approval of the town council, as recommended by the town manager.
(Code 1970, § 2-26; Ord. No. 2010-1, 5-25-2010)
Secs. 2-55—2-81. - Reserved.#
DIVISION 2. - PURCHASING AND BIDDING#
Sec. 2-82. - Purpose.#
The purposes of this division are to prescribe the manner in which the town shall control the purchase of materials, supplies, equipment and certain contractual services of the town and to maintain a high ethical standard of all officers and employees of the town in connection therewith.
(Code 1970, § 2-32; Ord. of 3-16-1989, § 2)
Sec. 2-83. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Contractual services means and includes maintenance service, contracts relating to office and general equipment and the leasing of office equipment, vehicles and other equipment, the repair and maintenance of automotive, office and other equipment, and the rental of automotive, office and general equipment. The term "contractual services" shall not include professional services which are unique in their nature and are not subject to competition.
Shall is always mandatory and not merely directory.
Supplies means and includes all supplies, materials, equipment and contractual services.
Using agency means any department, division, agency, commission, board, committee, authority or other unit in the town government using supplies or procuring contractual services as provided for in this article.
(Code 1970, § 2-33; Ord. of 3-16-1989, § 3)
Sec. 2-84. - Purchasing agent, generally.#
(a)
There shall be within the department of finance a purchasing agent who shall be the finance director or someone appointed by him in accordance with applicable personnel rules and regulations. He shall perform all duties required by law and such other duties as may be assigned, and shall have the powers and duties prescribed by this article.
(b)
The purchasing agent shall perform the duties specified in this article in connection with the purchase of or contract for all supplies, materials, equipment and contractual services, as required by any department, office or agency of the town, when duly authorized in accordance with purchasing procedures as prescribed by this article and such rules and regulations as may be adopted for the internal management and operation of the purchasing division.
(Code 1970, § 2-34; Ord. of 3-16-1989, § 4)
Sec. 2-85. - Rules and regulations.#
(a)
The purchasing agent shall establish and amend, with the approval of the mayor, when necessary, all rules and regulations authorized by this article and any others necessary to its operation not in conflict herewith.
(b)
The purchasing agent is hereby authorized and directed to adopt such written regulations and procedures as may be necessary for the implementation of this article. Such regulations and procedures shall become effective when approved in writing by the mayor and the town council. Copies of the regulations shall be on file in the office of the purchasing agent and also shall be made available for public inspection during normal business hours.
(Code 1970, § 2-35; Ord. of 3-16-1989, § 5)
Sec. 2-86. - Unauthorized purchases.#
It shall be unlawful for any town officers or employees to order the purchase of materials, supplies, equipment and contractual services, or make any contract within the purview of this article, other than through or with the approval of the purchasing agent; and any purchase, order or contract made contrary to the provisions hereof shall not be approved and the town shall not be bound thereby.
(Code 1970, § 2-36; Ord. of 3-16-1989, § 6)
Sec. 2-87. - Subdividing purchase of contract to avoid article requirements.#
No contract or purchase shall be subdivided to avoid the requirements of this article.
(Code 1970, § 2-37; Ord. of 3-16-1989, § 7)
Sec. 2-88. - Duties and authority of purchasing agent.#
The town purchasing agent shall have the following duties and authority: (1)
Procurement at least expense to town. The purchasing agent shall keep informed of the current highest quality in supplies, fixed charges and other services and contractual services at the least expense to the town.
(2)
Encouragement of competition. The purchasing agent shall discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales.
(3)
Keep informed on current trends, etc. The purchasing agent is to keep informed on current developments in the field of purchasing, prices, market conditions and new products and secure for the town benefits conducted in the field of purchasing by other governmental jurisdiction, national ethical societies, trade associations having national recognition and private businesses and organizations.
(4)
Prescribe and maintain purchasing manual and forms. The purchasing agent may prescribe and maintain a standard purchasing manual for all using agencies. In addition, the purchasing agent may prescribe and maintain such forms as he shall find reasonably necessary to the operation of this article.
(5)
Prepare and adopt standard nomenclature. The purchasing agent may prepare and adopt a standard purchasing nomenclature for using agencies and suppliers.
(6)
Prepare, adopt and maintain vendor catalog. The purchasing agent may prepare, adopt and maintain a vendor's catalog file. Such catalog shall be filed according to materials and shall contain descriptions of vendor's commodities, prices and discounts.
(7)
Pursue bulk purchases. The purchasing agent shall exploit the possibilities of buying in bulk so as to take full advantage of discounts.
(8)
Ensure tax exemptions. The purchasing agent shall act so as to procure for the town all tax exemptions to which it is entitled.
(9)
Cooperate with using agencies. The purchasing agent shall cooperate with using agencies so as to secure for the town the maximum efficiency in budgeting and accounting.
(Code 1970, §§ 2-38—2-47; Ord. of 3-16-1989)
Sec. 2-89. - Filing of requisitions or estimates of requirements by using agencies.#
(a)
All using agencies, either by or with the authorization of the head of the department under which the using agency operates, shall file with the purchasing agent detailed requisitions or estimates of their requirements in supplies, equipment and contractual services in such manner, at such time and for such future period as the purchasing agent shall prescribe.
(b)
A using agency shall not be prevented from filing, in the same manner with the purchasing agent at any time, a requisition or estimate for any supplies and contractual services, the need for which was not foreseen when the detailed estimates were filed.
(Code 1970, § 2-48; Ord. of 3-16-1989, § 18)
Sec. 2-90. - Competitive bidding, generally.#
(a)
Except in the case of contracts for consultants retained to perform town services not able to be performed by a town employee, before the town makes any purchase of or contract for supplies, materials, equipment and contractual services or work to be performed in excess of the minimum amount as stated in section 706 of the town Charter, opportunity shall be given for competitive bidding after public notice as hereinafter described. No such transaction which is essentially a unit shall be defined into a series of orders for the purpose of circumventing the requirement of this section for competitive bidding.
(b)
All such purchases or contracts for more than said minimum amount shall be awarded to the lowest responsible bidder, except that the purchasing agent may be directed by the council to reject any and all bids and to then readvertise for bids.
(Code 1970, § 2-49; Ord. of 3-16-1989, § 19)
Sec. 2-91. - Notice inviting bids.#
(a)
Notice inviting bids shall be published at least once in a newspaper having general circulation in the town and at least five working days preceding the last day set for the receipt of proposals.
(b)
The newspaper notice required herein shall include a general description of the articles to be purchased or sold and shall state where bid blanks and specifications may be secured, and the time and place for opening bids.
(Code 1970, § 2-50; Ord. of 3-16-1989, § 20)
Sec. 2-92. - Solicitation of bids from bidders' list.#
The purchasing agent shall solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a bidders' list, which the purchasing agent shall maintain, by sending them a copy of the newspaper notice provided for in section 2-91 or such other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors on the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.
(Code 1970, § 2-51; Ord. of 3-16-1989, § 21)
Sec. 2-93. - Bid deposits.#
When specified by the town council, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to a return of surety where the purchasing agent has required such. A successful bidder shall forfeit any surety required by the town council upon failure on his part to enter into a contract within ten days after the award.
(Code 1970, § 2-52; Ord. of 3-16-1989, § 22)
Sec. 2-94. - Sealing, identification, opening and tabulation.#
Bids shall be submitted sealed to the purchasing agent and shall be identified as bids on the outside of the envelope. Bids shall be opened in public at the time and place stated in the public notices, and the opening shall be witnessed. A tabulation of all bids received shall be made and shall be available for public inspection.
(Code 1970, §§ 2-53—2-55; Ord. of 3-16-1989, §§ 23—25)
Sec. 2-95. - Rejection of bids and readvertising.#
(a)
The town council, in the case of bids below the minimum amount, shall have the authority to reject any and all such bids.
(b)
If the lowest and best bid exceeds the budgeted amount, and the town council does not make additional funds available, then the appropriate authority who initiated such bidding shall have the power to readvertise for bidding after making sufficient changes in the project plan to bring the cost within the limit of monies available.
(Code 1970, § 2-56; Ord. of 3-16-1989, § 26)
Sec. 2-96. - Disqualification of bidders.#
The purchasing agent shall have the authority to declare vendors who default their quotations as irresponsible bidders and to disqualify them from receiving any business from the town for a stated period of time.
(Code 1970, § 2-57; Ord. of 3-16-1989, § 27)
Sec. 2-97. - Waiver of irregularities in bids.#
The town council shall have the authority to waive any and all irregularities in formal bids above the minimum amount. The purchasing agent, with the approval of the mayor, shall have the authority to waive any and all irregularities in bids or purchases below the minimum amount.
(Code 1970, § 2-58; Ord. of 3-16-1989, § 28)
Sec. 2-98. - Award of contract, generally.#
All contracts shall be awarded to the lowest and best bidder. In addition to price, there shall be considered the following: (1)
The ability, capacity and skill of the bidder to perform the contract.
(2)
Whether the bidder can perform the contract within the time specified without delay or interference.
(3)
The character, integrity, reputation, judgment, experience and the efficiency of the bidder.
(4)
The quality of performance of previous contracts.
(5)
The previous and existing compliance by the bidder with laws and ordinances relating to the contract.
(6)
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.
(7)
The quality, availability and adaptability of the suppliers or contractual services to the particular use required.
(8)
The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.
(9)
The number and scope of conditions attached to the bid.
(Code 1970, § 2-59; Ord. of 3-16-1989, § 29)
Sec. 2-99. - Preference for local bidders.#
Bids, specifications and other factors being equal, in awarding contracts and making purchases, preference shall be given to the bidder whose place of business is located in the town.
(Code 1970, § 2-60; Ord. of 3-16-1989, § 30)
Sec. 2-100. - Required statement when award given to other than low bidder.#
When an award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the purchasing agent, typed on the tabulation sheet,which must be signed by the purchasing agent, and filed with the other papers relating to the transaction.
(Code 1970, § 2-61; Ord. of 3-16-1989, § 31)
Sec. 2-101. - Tie bids.#
Award of all tie bids under the minimum amount, as stated in section 706 of the town Charter, shall be made by the purchasing agent with the approval of the mayor. All tie bids in excess of said minimum amount shall be awarded by the mayor with the approval of the council.
(Code 1970, § 2-62; Ord. of 3-16-1989, § 32)
Sec. 2-102. - Standardization, cooperative purchasing and governmental contracts.#
(a)
Where standardization is determined to be desirable by the purchasing agent, the purchase of materials, supplies and equipment and certain contractual services may be negotiated with the written approval of the mayor.
(b)
The purchasing agent shall have the authority to join with other units of government in cooperative purchasing ventures where the best interest of the town is served thereby, and the same is in accordance with the town and state law.
(c)
The bidding requirements of this article shall not apply to established state contracts or federal General Services Administration contracts.
(Code 1970, § 2-63; Ord. of 3-16-1989, § 33)
Sec. 2-103. - 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 town council. All such bonds shall be approved as to form by the town solicitor.
(Code 1970, § 2-64; Ord. of 3-16-1989, § 34)
Sec. 2-104. - Inspection and testing of deliveries and samples.#
(a)
The purchasing agent or an authorized town employee shall inspect, supervise the inspection of, or cause to be inspected, all deliveries of supplies, equipment or contractual services to determine their conformance with the specifications set forth in the order or contract.
(b)
The purchasing agent shall have the authority to authorize using agencies having the staff and facilities for adequate inspection to inspect all deliveries made to such using agencies under rules and regulations which the purchasing agent shall prescribe.
(c)
The purchasing agent shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with the specifications. In the performance of such tests, the purchasing agent shall have the authority to make use of laboratory facilities of any agency of the town or of any outside laboratory, as deemed necessary within the restrictions of this article, the town Charter and state laws.
(Code 1970, § 2-65; Ord. of 3-16-1989, § 35)
Sec. 2-105. - Surplus stock.#
(a)
All using agencies shall submit to the purchasing agent, at such times and in such form as he shall prescribe, reports showing stocks of all supplies which are no longer used or which have become obsolete or scrapped.
(b)
The purchasing agent shall have the authority to transfer surplus stock to other using agencies.
(c)
The purchasing agent, subject to town council approval, shall have the authority to sell all supplies and equipment which have become unsuitable for public use or to exchange the same for or trade in the same on new supplies and equipment. Sales under this subsection shall be made to the highest responsible bidder and be in conformance with competitive conditions.
(Code 1970, § 2-66; Ord. of 3-16-1989, § 36)
Sec. 2-106. - Storerooms.#
(a)
The purchasing agent shall control and supervise storerooms and shall administer the same.
(b)
Requisitions from supplies in a storeroom shall be credited by the purchasing agent to the storeroom's revolving fund by a charge against the appropriation of the agency.
(c)
The purchasing agent shall maintain a perpetual inventory record of all materials, supplies or equipment stored in the storeroom.
(Code 1970, § 2-67; Ord. of 3-16-1989, § 37)
Sec. 2-107. - Bid procedures to be conducted in an equitable, ethical, and professional manner.#
(a)
No individual or private company shall be given an unfair advantage in the bid process by having his or its company name or particular products referenced therein.
(b)
The respective department head for the department most impacted or involved with the bid shall initial each page of the request for proposal prior to forwarding said document to the town manager for publication. By initialing each page, the department head is acknowledging that he has reviewed the entire document and it meets the goals and policies of bids stated herein.
(c)
Further, in a separate document that shall be forwarded to the town manager and town council as a whole, the department head shall disclose who, including any private business, professional, or consultant, was involved in the preparation of the bid and what, if any, compensation they received.
(d)
The town manager, along with a member of the town council who shall be duly appointed by the council president at the first meeting in January of each year to perform this particular duty, shall also review each request for proposal and initial same prior to forwarding the document to the finance office for publication.
(e)
If the finance department receives any objections to the bid filed pursuant to the General Laws regarding the bid process, a copy of said complaint shall be provided to the town manager and the town council as a whole.
(Code 1970, § 2-68; Ord. No. 2005-10, 5-3-2005)
Secs. 2-108—2-127. - Reserved.#
ARTICLE IV. - MUNICIPAL LAND TRUST#
Sec. 2-128. - Established; purpose.#
There is hereby established the town land trust (hereinafter called the "trust"), a public instrumentality. The trust shall act as a review and advisory commission relative to the acquisition of land by gift or by purchase by the town. The trust shall also have the authority, through town council authorization, to acquire, hold and manage any real property and interest therein including development rights situated in the town consisting of open, residential, agricultural, recreational, historical or littoral property, including existing and future wellfields and aquifer recharge areas, fresh and saltwater marshes, and adjoining uplands, barrier beaches, wildlife habitats, land and buildings providing access to or views of the ocean, harbors, and ponds, land or bicycling and hiking paths and for future public recreational use, and land for agricultural use or airspace thereof. With the exception of property acquired for public historical preservation or recreational purposes, the trust shall hold all property or development rights, with town council approval, solely as open space or for agricultural uses, for water purposes, for public access, or to prevent the accelerated residential or commercial development thereof, as the trustees may determine.
(Code 1970, § 2-81; Ord. of 2-3-1994)
Sec. 2-129. - Membership; appointment; requirements.#
(a)
The trust shall be administered by five trustees, all of whom shall be appointed by the mayor and approved by the town council. The trustees who are first appointed shall be designated to serve for terms of one, two, three, four and five years respectively. Thereafter, trustees shall be appointed as aforesaid for a term of office of five years, except that all vacancies occurring during a term shall be filled for the unexpired term. No more than three of the trustees shall at any one time be members of the same political party.
(b)
The trustees must be resident electors of the town and their term shall be deemed expired at the end of the appointed period, or if they cease to be residents of the town. No elected officer of the town or the state and no person who has been employed by the town may be appointed trustee for at least one year after serving in elected office or one year after leaving town employment.
(Code 1970, § 2-82; Ord. of 2-3-1994)
Sec. 2-130. - Meetings.#
The trustees, after appointment, and each year thereafter, shall appoint a chairperson, vice-chairperson, and recording secretary. All meetings shall be held in compliance with the Open Meetings Law, G.L. 1956, tit. 42, ch. 46. Meeting minutes shall be submitted to the mayor for distribution to the town council and other interested persons.
(Code 1970, § 2-83; Ord. of 2-3-1994)
Sec. 2-131. - Rules and regulations; acquisition and review.#
The trustees shall adopt reasonable rules and regulations governing the conduct of trust affairs, including its review of any proposed land acquisitions as submitted by the town, its mayor and town council and the management of any holdings as authorized by the town council and mayor. All rules and regulations of the trust are subject to the approval of the mayor and the town council. Decisions of the trustees shall be by a majority of those present and voting, excepting any recommendations made on land acquisition, easements, rights-of-way and other uses referred to in section 2-128, which must be by a majority vote of all trustees. The trustees shall prepare and submit to the mayor and the town council an annual report on the activities of the trust as well as any periodic reports that may be requested by the mayor and the town council concerning particular acquisitions or holdings.
(Code 1970, § 2-84; Ord. of 2-3-1994)
Sec. 2-132. - Powers and duties.#
The trust shall have the power to do the following: (1)
Evaluate and investigate any proposed land acquisitions by the town, for the purpose of determining whether or not problems of any nature whatsoever exist, including, but not limited to, environmental violations or potential environmental hazards, which problems would adversely affect the town upon acceptance of such real estate;
(2)
Upon approval of the mayor and town council, purchase, receive by gift, or otherwise acquire fee simple or lesser interests in real property, including development rights as defined in G.L. 1956, § 42-82-2, or any interest in real property consistent with purposes of this article, including other development rights of any kind whatsoever;
(3)
Accept gifts, grants or loans of funds or services from any source, upon approval by the mayor and town council, and comply, subject to the provisions of this article, with any terms and conditions thereof;
(4)
Accept from state and/or federal agencies, upon approval of the mayor and town council, loans or grants for use in carrying out the trust's purposes and enter into agreements with such agencies respecting such loans or grants;
(5)
Administer and manage land and interests in land held by the town, at the direction and authorization of the town council and mayor, in a manner which allows 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 article and with the terms of any grant or device by which such land was acquired by the town;
(6)
The trustees shall prepare and submit to the mayor and the town council annual budget requests in the same manner as town departments do under applicable Charter provisions, which funds shall be paid by the town finance director in accordance with the accepted accountant procedures that are in place in the town at that time;
(7)
Employ counsel, auditors, engineers, appraisers, private consultants, advisors, secretaries or other personnel needed to perform its duties, upon authorization by the mayor and the town council;
(8)
The trust is authorized to incur debt, if authorized by the town council, and then only after authorization in each by a vote of the municipal budget or special appropriation process used by the town. The trust shall be obligated to pay debt service on all such debts to the extent funds are available and to reimburse the town for any town funds expended to pay such debt service;
(9)
Recommend the disposition of property owned or acquired by the town and to dispose by sale or otherwise, upon authorization of the mayor and town council, and only after approval by a financial town meeting, of all or any portion of the real estate managed by it, when, in the opinion of the trustees and upon recommendation by the trustees to the town council and mayor, such land or properties have become unsuitable or have ceased to be used for the purposes set forth in this article, or unless the best interests of the trust shall be served by such sale or other disposition. Such recommendation for disposition or sale shall be made only by a vote of the trustees in which at least four members vote in favor of such a disposition or sale, and further, only after having been approved by the mayor and town council;
(10)
Otherwise to do all things necessary for the performance of its duties, the fulfillment of its obligations and the conduct of its business as may be authorized from time to time by the mayor and town council.
(Code 1970, § 2-85; Ord. of 2-3-1994)
Secs. 2-133—2-162. - Reserved.#
ARTICLE V. - LAND ACQUISITIONS#
Sec. 2-163. - Donation of land; presentation of offers.#
Any individual, firm or corporation who wishes to donate land, whether vacant or improved (hereinafter "real estate") to the town, or any real estate offered to be purchased by the town ("offer"), shall be presented to the mayor, which offer shall include a full and complete description of said real estate.
(Code 1970, § 2-91; Ord. of 2-3-1994, § 1-1)
Sec. 2-164. - Evaluation and investigation of offers; purpose.#
The mayor shall immediately forward such offer to the town council and to the following departments, committees and/or other municipal authorities (hereinafter "municipal departments") for the purpose of evaluation and investigation: director of public works, town planning board, fire department, building official, town engineer, municipal land trust, insurance adjusters and/or representatives of the interlocal trust. Such evaluation and investigation shall be for the purpose of determining whether or not problems of any nature whatsoever exist (including, but not limited to, environmental violations or potential environmental hazards) with respect to the real estate, which problems would adversely affect the town upon acceptance of such real estate.
(Code 1970, § 2-92; Ord. of 2-3-1994, § 1-2)
Sec. 2-165. - Expenditure of town funds; conformance with established criteria.#
In any case involving the expenditure of town funds, such acquisitions shall be in general conformance with the comprehensive community plan, budgetary conditions and criteria as established and approved through financial town meetings and the town Charter. Any authorized expenditure of funds shall be paid by the town finance director in accordance with the accepted accounting procedures that are in place in the town at that time.
(Code 1970, § 2-93; Ord. of 2-3-1994, § 1-3)
Sec. 2-166. - Reports.#
Upon completion of each investigation and evaluation, each municipal department shall forward its full report to both the mayor and town council. Said reports shall include the municipal department's recommendations as to acceptance or rejection of said acquisition and the reasons therefor.
(Code 1970, § 2-94; Ord. of 2-3-1994, § 1-4)
Sec. 2-167. - Review by town council.#
After receipt of department reports, the matter shall be reviewed by the town council at a public hearing and the recommendation of the town council as to acceptance or rejection shall be submitted to the mayor for final approval.
(Code 1970, § 2-95; Ord. of 2-3-1994, § 1-5)
Sec. 2-168. - Transfer of property to municipal land trust.#
Upon final approval of such acquisition, the town council and mayor may transfer the property so acquired to the municipal land trust, which trust shall manage and hold the property pursuant to the provisions of article IV of this chapter. The town council and the mayor shall review the annual reports and any periodic reports submitted by the municipal land trust to the mayor and town council concerning all land acquisitions and any recommendations made by the municipal land trust.
(Code 1970, § 2-96; Ord. of 2-3-1994, § 1-6)
Secs. 2-169—2-189. - Reserved.#
ARTICLE VI. - EMERGENCY MANAGEMENT AGENCY#
Sec. 2-190. - Established; director.#
The town has established an emergency management agency (EMA) to be headed by a director (EMA director), who shall be the fire chief, unless otherwise provided by the town council.
Sec. 2-191. - Director and agency authority; advisory council.#
(a)
The director and the agency shall have the following authority:
(1)
The director may employ, with the approval of the town manager if the director is a designee, such volunteer technical, clerical, stenographic and other personnel services and may make such expenditures within the appropriation thereof, or from other funds available, as may be necessary to carry out the purposes of emergency management, consistent with other applicable provisions of law.
(2)
The agency may, with the approval of the town manager, provide itself with appropriate office space, furniture, equipment, supplies, stationery and printing as afforded through the appropriations of the annual budget or funded by other sources.
(3)
The director, subject to the direction and control of the town manager if the director is a designee, shall be the executive head of the agency, and shall be responsible to the town manager, if the director is a designee, for carrying out the program of emergency management for the town. The director shall coordinate the activities of all organizations for emergency management within the town, and shall maintain liaison with and cooperate with other disaster agencies and organizations of the town, other towns, the state and federal government. The director shall have the additional authority, duties and responsibilities authorized by law as may be prescribed by the town manager if the director is a designee.
(b)
There shall also be an emergency management advisory council, hereafter referred to as the EMA council, comprised of, but not limited to, the following:
(1)
Director of emergency management;
(2)
Chief of the fire department;
(3)
President of the town council;
(4)
Town solicitor;
(5)
Director of public works;
(6)
Town planner;
(7)
Director of human services;
(8)
Building official or his designee; and
(9)
Other department heads as directed by the town manager.
It shall be the duty of the EMA council director to advise the town manager on all matters pertaining to emergency management. The director shall serve as chairperson of the council.
(Code 1970, § 2-102; Ord. of 7-6-1993, § 2; Ord. No. 2016-13, 10-4-2016)
Secs. 2-192—2-220. - Reserved.#
ARTICLE VII. - COMMEMORATIVE DESIGNATIONS AND MEMORIAL DEDICATIONS#
Sec. 2-221. - Purpose.#
In order to provide an appropriate method by which to commemorate and dedicate various public areas within the town, the town council wishes to establish procedures for the review of existing commemorative and memorial designations as well as to establish procedures for future commemorative recommendations.
(Code 1970, § 2-121; Ord. of 2-7-1995, § 1-1)
Sec. 2-222. - Scope.#
For the purposes of this article, all commemorative and memorial designations and dedications shall include, but not be limited to, all commemorative and memorial plaques, signs, markers, kiosks, and inscriptions of any type or kind honoring any person or groups of persons, as well as any and all pictures, paintings and the like situated on town-owned property, whether outdoors in parks, streets, etc., or located within town-owned buildings.
(Code 1970, § 2-122; Ord. of 2-7-1995, § 1-2)
Sec. 2-223. - Committee established.#
The town council hereby establishes a committee for the purpose of reviewing all existing commemorative and/or memorial designations as well as to make recommendations for any future commemorative and/or memorial designations and/or dedications within the town. Said committee shall consist of five residents of the town who shall each serve for a term of five years, which terms shall be staggered. Said members shall be appointed by and serve at the pleasure of the town council until their successors are duly appointed.
(Code 1970, § 2-123; Ord. of 2-7-1995, § 1-3)
Sec. 2-224. - Duties.#
(a)
It shall be the duty of the committee to review all existing commemorative and/or memorial dedications and designations as well as all other commemorative plaques, pictures, paintings, markers, kiosks and signs to make a determination as to the continued appropriateness of said dedications and designations and whether such dedications and/or designations are fitting and proper. The committee shall report to the town council on its recommendations and findings concerning the existing dedications and designations.
(b)
The committee shall also be responsible for making recommendations to the council for future commemorative and/or memorial dedications and designations within the town.
(c)
Any suggestions or recommendations for future commemorative and/or memorial dedications and/or designations shall be submitted to the committee for its initial review and determination prior to submission to the town council for final approval.
(d)
It shall be the responsibility of the town council to act upon and make the final determination as to the committee's recommendations.
(Code 1970, § 2-124; Ord. of 2-7-1995, § 1-4)
Secs. 2-225—2-241. - Reserved.#
ARTICLE VIII. - OFFICERS AND EMPLOYEES#
Sec. 2-242. - Sealer of weights and measures.#
(a)
Purpose. Pursuant to G.L. 1956, tit. 47 and section 2003 of the town Charter, the town council shall appoint a sealer of weights and measures who shall serve at the pleasure of the town council.
(b)
Certificate and other requirements. Said sealer of weights and measures shall obtain an annual certificate of training from the director of labor for the state, as set forth in G.L. 1956, § 47-1-1.1. Said certificate of training shall cause a sealer of weights and measures to be certified. The requirements for the certificate of training shall be set by the director of labor pursuant to G.L. 1956, § 47-1-1.1. Said sealer, once certified, shall maintain his status by complying with the rules and regulations promulgated.
(c)
Duties. The duties of the sealer of weights and measures shall consist of those duties as set forth in G.L. 1956, chs. 47-2 through 47-15, including, but not limited to, those duties and responsibilities relating to testing and sealing of hay scales and platform balances, gasoline and petroleum products, firewood and charcoal and containers, as well as the duties set forth in any amendments to said general laws; rules and regulations promulgated by the director of labor for the state, the United States Department of Commerce, or the National Bureau of Standards, including, but not limited to, any other state or federal authority. In addition, the sealer of weights and measures shall comply with and familiarize himself with the National Bureau of Standards Handbook 130, the Uniform Weights and Measures Law and Method of Sale of Commodities Regulation, as well as updates, amendments thereto and any other laws and regulations and standards handbooks issued or promulgated by any government authority.
(d)
Custody and maintenance of standards. The sealer of weights and measures shall have custody and control of and maintain standards and provide a place for the safekeeping and preservation of the weights, measures and balances furnished by the state, for which the sealer of weights and measures shall have care and oversight thereof, pursuant to G.L. 1956, §§ 47-2-1 through § 47-2-6, as well as any amendments thereto, including, but not limited to, standards established by any federal or state governmental authority, the sealer of weights and measures.
(e)
Fees. The sealer of weights and measures shall receive a fee for every weight sealed by him at his office, in accordance with the fee schedule as provided in G.L. 1956, ch. 47-2. Pursuant to G.L. 1956, § 47-2-7, however, if the town council fixes an annual salary to be paid to the sealer of weights and measures, then in such event, any fees received by the sealer shall be paid over to the town immediately upon receipt by the sealer or any other time as may be determined by the town council.
(f)
Offenses. The sealer of weights and measures, pursuant to G.L. 1956, § 47-3-1 et seq., is authorized to issue fines in the amounts as set forth in the General Laws and any amendments thereto. The sealer of weights and measures, in addition to the director of labor for the state, shall, by virtue of their respective offices, have the power to prosecute all persons violating the provisions of G.L. 1956, tit. 47, pursuant to the provisions of G.L. 1956, § 47-3-4.
(Code 1970, § 2-202; Ord. No. 96-05, §§ 1—6, 9-3-1996)