Chapter 2 ADMINISTRATION
ARTICLE I. IN GENERAL
Sec. 2-1. Fees and fines.
Secs. 2-2—2-25. Reserved.
ARTICLE II. COUNCIL
Sec. 2-26. Regular meetings.
Sec. 2-27. Quorum; majority vote required.
Sec. 2-28. Distribution of agenda.
Secs. 2-29—2-40. Reserved.
ARTICLE III. OFFICERS AND EMPLOYEES
Sec. 2-41. Qualification by appointed officers.
Secs. 2-42—2-55. Reserved.
ARTICLE IV. BOARDS, COMMISSIONS AND COMMITTEES
DIVISION 1. GENERALLY
Sec. 2-56. Minutes and agendas of boards, commissions and committees.
Secs. 2-57—2-75. Reserved.
DIVISION 2. HISTORIC PRESERVATION ADVISORY BOARD
Sec. 2-76. Historic preservation advisory board.
Secs. 2-77—2-80. Reserved.
DIVISION 3. ECONOMIC DEVELOPMENT COMMISSION
Sec. 2-81. Creation.
Sec. 2-82. Organization; members; terms.
Sec. 2-83. Purpose and responsibility.
Sec. 2-84. Reserved.
Sec. 2-85. Reserved.
DIVISION 4. RESERVED
Secs. 2-86—2-90. Reserved.
ARTICLE V. FINANCE
DIVISION 1. GENERALLY
Sec. 2-91. Restricted appropriation accounts.
Secs. 2-92—2-94. Reserved.
Sec. 2-95. Restricted revenue accounts.
Secs. 2-96—2-105. Reserved.
DIVISION 2. PURCHASING
Sec. 2-106. Competitive bidding.
Sec. 2-107. Casino gaming revenue.
Sec. 2-108. Application for grants or similar programs.
Secs. 2-109—2-120. Reserved.
DIVISION 3. CAPITAL IMPROVEMENTS
Sec. 2-121. Definitions.
Sec. 2-122. Participating agencies and officials.
Sec. 2-123. Procedure for submitting requests.
Sec. 2-124. Project priority.
Sec. 2-125. Financial aspects.
Sec. 2-126. Presentation to council and budget committee of recommended capital budget and improvements program.
Secs. 2-127—2-129. Reserved.
DIVISION 4. TIVERTON SCHOOL DEPARTMENT CAPITAL IMPROVEMENT REVOLVING FUND
Sec. 2-130. Definitions.
Sec. 2-131. Funding.
Sec. 2-132. Management and procedures.
Sec. 2-133. Reserved.
Sec. 2-134. Additional funding.
Sec. 2-135—2-180. Reserved.
ARTICLE VI. PENSIONS AND RETIREMENT
DIVISION 1. IN GENERAL
Secs. 2-181—2-200. Reserved.
DIVISION 2. FIRE DEPARTMENT
Sec. 2-201. Legislative findings and intent.
Sec. 2-202. Retirement of disabled firefighters.
(a) Any fees, fines, permit costs, or the like, that are specified herein in this Code of Ordinances may be amended by a resolution duly adopted by the town council, provided that a public hearing be held prior to such adoption, with notice of such public hearing being given by newspaper at least seven days prior to such public hearing.
(b) The town council shall review all such fees and fines at least once per year.
(c) Any resolution adopting or amending fees and fines shall set forth at least the following information:
(1) The section of the Code wherein the fee or fine is located.
(2) The current amount of the fee or fine.
(3) The proposed new amount of the fee or fine.
(d) The resolution shall take affect upon passage, unless specifically stated to the contrary therein.
(Ord. of 7-24-06(1))
There shall be two regular meetings of the town council each month. The first such meeting shall be held on the second Monday of each month, and the second such meeting shall be held two weeks thereafter. All regular meetings of the town council shall begin at 7:00 p.m. Meetings which fall on a holiday shall be rescheduled to another date and time.
(Code 1967, § 2-1; Ord. of 1-13-03)
Sec. 2-27. Quorum; majority vote required.
A majority of the council shall constitute a quorum, and the affirmative vote of the majority of all members present shall be necessary to adopt any motion, resolution or ordinance.
(Code 1967, § 2-1.2)
Sec. 2-28. Distribution of agenda.
Failure to give notice shall not invalidate the proceedings of any meeting, unless as provided for in the General Laws of Rhode Island, 1956, as amended.
(Code 1967, § 2-1.8)
Sec. 2-41. Qualification by appointed officers.
All appointed officers shall qualify before the town clerk within 30 days from the date of their appointment and in the event of failure of any appointee to so qualify within this period, such appointment shall be revoked and the office to which he was appointed declared vacant.
(Code 1967, § 2-2)
Sec. 2-56. Minutes and agendas of boards, commissions and committees.
(a) All commissions, committees and boards under the jurisdiction and authority of the council, whether established by charter or ordinance, shall submit in writing through their chairman, the minutes of the previous month's meetings. Minutes shall be submitted to the town clerk for distribution to councilmembers before the first of each month. Chairpersons of such commissions and boards should also be prepared to present an oral report to the town council of the activities and plans of that respective organization at least once per year.
(b) Minutes shall include, but not be limited to, date, time and place of meeting; members present and absent; record indicating how individual members voted; a monthly report on future plans and the status of pending items; other relevant information that a member asks to have included.
(c) All commissions, committees and boards shall be responsible for proper posting of agendas in accordance with state open meetings laws.
(Code 1967, § 2-1.12; Ord. of 7-25-11, § 2)
Sec. 2-76. Historic preservation advisory board.
The historic preservation advisory board shall consist of five members. All members shall be appointed by the town council. Members shall serve for three-year terms and appointments shall be staggered so that no more than two terms expire in any single year. Vacancies shall be filled by the town council for the remainder of the unexpired term. the historic preservation advisory board shall elect annually a chairperson and other officers, as it deems appropriate.
(1) Duties and responsibilities. The historic preservation advisory board shall report to the town administrator. The historic preservation advisory board shall:
a. Document the town's historic and archeological resources and assist property owners with applications for preservation grants and for listings on the state and national register of historic places.
b. Increase community awareness of Tiverton's cultural heritage and the benefits of preserving historic structures and sites.
c. Seek grants and other financial and technical assistance for historic preservation projects.
d. Serve as a liaison with the RI historic preservation and heritage commission.
e. Establish voluntary programs to provide incentives for maintaining and enhancing historic structures.
f. Monitor the condition and use of town owned properties and sites that have historic or cultural significance and recommend actions to town council to protect those qualities.
g. Recommend to town council programs, policies, initiatives or other strategies that would enhance the knowledge, appreciation, or protection of Tiverton's cultural heritage and its historic and archeological resources.
(Ord. of 10-14-08(3))
The economic development commission is created in Section 1014 of the Town Charter, and shall have the duties and responsibilities set forth therein.
(Ord. of 8-22-11, § 2)
Sec. 2-82. Organization; members; terms.
(a) The economic development committee shall consist of five members to serve terms of four years. The terms of the initial members shall be staggered.
(b) The committee shall consist of three individuals representing town businesses and two individuals not directly connected with town business. The town council shall use good judgment in making the distinction for the purposes of committee membership. A town business shall be one recognized and assessed as such by the board of tax assessors.
(Ord. of 8-22-11, § 2)
Sec. 2-83. Purpose and responsibility.
The economic development committee shall be responsible for the following:
(1) To understand the rules and regulations of the enterprise zone council.
(2) To assist the zone coordinator with required reporting to the state department of economic development.
(3) To assist in the search for and the attraction of businesses which would be favorable in the development and stability of the town's tax base and the town's economic future.
(4) To assist businesses to understand the rules and regulations of the enterprise zone council.
(5) To act as a liaison between town businesses and the town council, making recommendations to the town council that are in the best interest of the town and businesses.
(6) To select a representative from the committee to meet with the zone coordination committee, consisting of the zone coordinator, the Portsmouth zone coordinator, the town building official and the chairperson of the Portsmouth economic development committee.
(7) To submit a brief written report on a quarterly basis to the town administrator and town council with a summary of applications issued to businesses, submitted to the department of economic development for certification, certified by the department of economic development as enterprise zone businesses and any other pertinent information.
(8) To submit a brief written report on an annual basis each January to the town administrator and town council.
(Ord. of 7-25-11, § 2)
Editor's note(s)—An ordinance of Feb. 22, 2010, repealed § 2-84, which pertained to identified businesses and real estate tax exemption and derived from an ordinance of Feb. 27, 1995.
Editor's note(s)—An ordinance of Feb. 22, 2010, repealed § 2-85, which pertained to identified businesses and personal property tax exemption and derived from an ordinance of Feb. 27, 1995.
Sec. 2-91. Restricted appropriation accounts.
Appropriations to the following named accounts are non-transferable, except to other municipal accounts in a declared state of emergency, shall remain in said account, and shall be carried over into the next fiscal year's account to be used for the same purpose as originally appropriated:
(1) Revaluation account;
(2) Elections account;
(3) Paving/drainage, curbing and sidewalks;
(4) Sand, salt and gravel; and
(5) Snow removal.
(Ord. of 6-26-23(1); Ord. No. 2024-0004, 6-24-24)
Sec. 2-95. Restricted revenue accounts.
(a) Tiverton Industrial Park land sale.
(1) A minimum of 25 percent of the net proceeds generated from the sale of any parcel of land within the Tiverton Industrial Park shall be placed in a restricted reserve account as established by the town treasurer to be used exclusively for infrastructure improvements to the industrial park as determined by the town council by way of an appropriation ordinance.
(2) This restricted revenue account shall close upon completion of all public improvements as well as disposition of all town owned or controlled property, other than public streets and improvements, in the industrial park.
(b) Land conveyance transfer tax. A minimum of 25 percent of all revenues received by the Town of Tiverton as a result of the imposition of the real estate conveyance tax as set forth at G.L. § 44-25-1 et seq. shall be placed in a restricted reserve account to be established by the town treasurer, under the purview of the open space and land preservation commission in accordance with the provisions of the town Charter and with any appropriations to be approved by the town council based on the recommendations of the open space and land preservation commission.
(Ord. of 6-26-23(1))
Sec. 2-106. Competitive bidding.
(a) Before any purchase of or contract for supplies, materials, or equipment is made on behalf of the town, where the amount of the purchase contract shall exceed the small purchase amount established in state law, such contract shall be awarded by:
(1) Competitive sealed bidding pursuant to G.L. § 45-55-5;
(2) Competitive negotiations pursuant to G.L. § 45-55-6;
(3) Noncompetitive negotiations pursuant to G.L. § 45-55-7 and § 45-55-8;
(4) Use of state bid list or other regional public bid list when the purchasing officer determines that said bid price is the lowest price available.
(b) The town administrator shall be designated as the purchasing officer.
(c) A contract may be awarded for a supply, service or construction item when under published regulations the purchasing officer determines in writing that there is only one source for the required supply service or construction item.
(d) Small purchases, as defined by state law, may be made in accordance with small purchase regulations promulgated by the town. Procurement requirements shall not be artificially divided so as to constitute a small purchase under this section.
(e) The council shall have the power to reject any and all bids and at its discretion may direct the purchasing agent to advertise for new bids.
(Code 1967, § 2-4; Ord. of 3-13-00; Ord. of 9-10-18)
Sec. 2-107. Casino gaming revenue.
(a) Any revenues or payments received by the town from the State of Rhode Island pursuant to G.L. 1956, § 42-61.2-5 and G.L 1956, § 42-61.2-7 and paid into the town's general fund account shall be recorded in a restricted account by the town treasurer, entitled the casino gaming fund account.
(b) Within 30 days after the end of any fiscal year, the town treasurer shall record $200,000.00 of the receipts for the prior fiscal year under G.L. 1956, § 42-61.2-7 to the restricted account as established in subsection 2-91(3).
(c) Any receipts remaining in the casino gaming fund after the application of section (b) shall be recorded by the town treasurer as follows:
(1) Revenues from the casino gaming fund account shall first be transferred to the unassigned general fund account until the balance of that account is equal to three percent of the town's current year operating budget pursuant to Section 310 of the Home Rule Charter. If the Charter is subsequently amended to increase the required minimum balance percentage as set forth in Section 310 of the Home Rule Charter, funds shall be transferred in compliance with the percentage as set forth therein.
(2) Once the general fund account equals the percentage as set forth in section (c)(1), no further transfer to that account shall be made from the casino gaming fund and any remaining balance shall be transferred to the restricted capital projects account.
(d) Casino gaming revenue can only be allocated and expended after the fiscal year in which the town receives the revenue unless the town council, by a vote of a supermajority of the town council (five of seven members) determines and documents that an emergency exists and approves the immediate use of the funds.
(e) Within 30 days of the close of the fiscal year, the town treasurer shall report, in writing, to the town council, the amount of casino gaming funds available for allocation and distribution consistent with the provisions and purpose of this section.
(f) Following receipt of the town treasurer's report, the town council shall meet with the town administrator and the school committee to discuss capital needs that may be funded through section (c)(2). Any funds appropriated from section (c)(2) shall be made through a resolution or resolutions of the town council. Nothing herein requires the town council to expend any available funds from the capital project accounts but at no time shall the town council have the authority to transfer any of such funds to the unassigned general fund account or to cover operational expenses for either the municipal government or the school department.
(g) This ordinance [from which this section derived] shall be effective on June 30, 2022, in accordance with Section 408 of the Tiverton Home Rule Charter and shall repeal and replace the prior ordinance section 2-107 in its entirety.
(Ord. of 8-5-20(1); Ord. of 3-8-21(1)); Ord. of 7-26-21(1); Ord. of 5-9-22(1); Ord. No. 2024-0005, 6-24-24)
Sec. 2-108. Application for grants or similar programs.
(a) Grants requiring commitment of town resources. No one acting on behalf of the town in any capacity, to include any council, board, commission or committee member, department head, or employee, shall apply or seek approval for any grant or similar program that obligates the town to allocate funds, personnel, land, or other resource of any nature and in any amount, without first obtaining authority from the town council by the passage of a resolution authorizing the application or approval.
(b) Town administrator authorization. The town administrator, without town council approval, is authorized to approve grant applications or requests that require in-kind contributions as long as such applications do not mandate the allocation of additional town cash funds.
(c) Grants that do not require commitment of town resources. Any application for any grant or similar program that does not require an obligation of funds, personnel, land, or other resource of any nature and in any amount by the town shall require approval from the town administrator prior to its submission.
(d) Implementation of ordinance. The town council is authorized to develop all necessary policies, rules or procedures to implement this section and/or may delegate such authority to the town administrator to promulgate the same.
(Ord. of 3-14-22(1))
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:
Capital improvements project means the type of project or acquisition that fits within one or more of the following categories:
(1) Acquisition or interest in land.
(2) The acquisition, construction or lease of buildings or other structures, including preconstruction planning, survey, engineering and architectural costs.
(3) The improvement, expansion or reconstruction of existing buildings or facilities, not including normal maintenance and repair work.
(4) Construction or reconstruction of highways, sidewalks and utility lines, including preconstruction planning, survey and engineering costs.
(5) The purchase of items of equipment of nonrecurring nature which have a cost of at least $2,000.00 and a useful life in excess of three years.
(Code 1967, § 7A-1)
Cross reference(s)—Definitions generally, § 1-2.
Sec. 2-122. Participating agencies and officials.
Not later than September 1 of each year, the following town agencies and officials shall submit requests for capital improvement projects to the town administrator:
(1) Town council;
(2) Town clerk;
(3) Police department;
(4) Fire department;
(5) Highway department;
(6) Town treasurer;
(7) Building inspector;
(8) Conservation commission;
(9) School committee;
(10) Board of canvassers;
(11) Fogland beach commission;
(12) Grinnell's beach commission;
(13) Housing authority;
(14) Zoning board of review;
(15) Parks and recreation;
(16) Wastewater management commission;
(17) Water commission;
(18) Industrial commission;
(19) Tax assessor; and
(20) Any other town agency, official or department having need for capital acquisitions as defined by section 2-121.
(Code 1967, § 7A-2; Ord. of 2-14-00)
Sec. 2-123. Procedure for submitting requests.
Requests for capital improvements projects shall be submitted on forms supplied by the town administrator in accordance with instructions contained in the capital improvements manual to be supplied to each participating agency, department and official by the town administrator. Each request shall be reviewed by the town administrator in the light of current development plans and programs of the town.
(Code 1967, § 7A-3)
In evaluating requests and recommending a capital improvements program, the town administrator board shall base his recommendations on the following major criteria and others that may be considered essential to the general welfare of the town:
(1) Protection of life.
(2) Maintenance of public health.
(3) Protection of property.
(4) Provisions for public education.
(5) Conservation of resources.
(6) Provision of necessary public services.
(7) Replacement or improvement of obsolete facilities.
(8) Conformity and compatibility with the town's comprehensive plan.
(9) Reduction of operating costs.
(10) Public comfort and convenience.
(11) Social, cultural, aesthetic or promotional value.
(Code 1967, § 7A-4)
Sec. 2-125. Financial aspects.
The town administrator, in consultation with the town treasurer, 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 1967, § 7A-5)
Not later than December 1 of each year, the town administrator shall forward to the town council and budget committee and make public a recommended capital budget and capital improvements program for the following six-year period. The first year of this six-year program shall be designated as the capital budget. The budget committee shall consider this recommended program as a guide in preparing its recommendations for the town's annual administrative budget.
(Code 1967, § 7A-6)
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:
Approved project means a project which has complied with the administrative regulations governing G.L. 1965, §§ 16-7-35 through 16-7-47, and which has been authorized to receive state school housing reimbursement by the commissioner of elementary and secondary education.
Bonded debt re-imbursement means state housing aid reimbursement received as a result of bonded debt related to school capital improvement projects as approved by the Rhode Island Department of Education.
Capital improvement projects means repairs or construction on a facility that enhances the facility's condition, prolongs its useful life, or adapts to new uses and the acquisition or interest in land or lease or purchase of buildings.
Revolving fund means the Tiverton School Department Capital Improvement Revolving Fund established by this article.
(Ord. of 2-27-23(1))
Any and all reimbursements, including but not limited to re-imbursements by the Rhode Island Department of Education related to an approved projects, excluding bonded debt reimbursement, shall be placed in a restricted school capital account to fund capital improvement projects.
(Ord. of 2-27-23(1))
Sec. 2-132. Management and procedures.
(a) The town council, after consultation with the town administrator and school superintendent, shall review and approve by resolution, any withdrawal of funds from the capital improvement account to be used on an approved capital improved project.
(b) Any funds withdrawn shall be utilized exclusively for professional services, consultants and approved capital improvement projects.
(c) The town council shall prioritize the approved projects to be funded by the revolving fund and shall have oversight of the approved projects, including approval of all agreements and contracts for the approved projects.
(d) The town council may engage an owners project manager to assist in the oversight of all approved projects to be paid for from the revolving fund.
(Ord. of 2-27-23(1))
Sec. 2-134. Additional funding.
The Town of Tiverton and the Tiverton School Department may from time to time transfer additional funds to the revolving fund by resolution.
(Ord. of 2-27-23(1))
Sec. 2-201. Legislative findings and intent.
By collective bargaining agreement, the personnel of the fire department who become wholly or partially incapacitated by reason of a heart condition or respiratory ailment are presumed to have contracted said heart condition or respiratory ailment in the performance of their duties.
Fire department personnel who become incapacitated due to a heart condition or respiratory ailment shall, during the period of their incapacity, receive full salary or wages and medical expenses from the town.
The town has had persons in the fire department receiving money and benefits for a continuous and protracted period of time and said persons did not return to regular service in the fire department.
As a result of said circumstances the fire department is not being run to the peak of its efficiency because of the fact that ill or injured persons are carried on a regular roster, but perform no services.
The citizens of the town are entitled to the benefits of the best possible fire protection and services.
It is the desire of the town to increase the efficiency of the fire department and yet treat the affected personnel of such department fairly and in accordance with existing statutes and ordinances.
(Ord. of 6-12-00)
Sec. 2-202. Retirement of disabled firefighters.
(a) Any personnel of the fire department who have been away from the job due to heart condition or respiratory ailment sustained or contracted in the performance of their duties continuously for a period of at least 12 months prior to the effective date of this article shall report to active duty within a period of 30 days from the passage of this article and failure to so report shall be deemed prima facie evidence of the fact that they are physically unfit for duty and, therefore, unable to return to their regular duties as a firefighters. Such person(s) who shall not return within the 30 days as aforesaid shall immediately place his/her name on an application for an accidental disability pension in the manner set forth in G.L. title 45, chapter 21.2, or as the same may be amended in the future.
(b) Any of the personnel of the fire department who shall in the future remain away from their regular employment as a firefighter for a period of 12 months due to becoming wholly or partially incapacitated by reason of a heart condition or respiratory ailment contracted during the performance of their duties shall, at the expiration of the 12 months, return to duty within 30 days thereafter or shall be deemed physically unfit for duty and therefore unable to return to his or her respective duties as a firefighter. Such person or persons who shall not return within the 30 days as aforesaid shall immediately place his/her name on an application for an accidental disability pension in the manner set forth in G.L. title 45, chapter 21.2 or as the same may be amended in the future.
(c) Any personnel of the fire department who shall have remained away from their regular employment as a firefighter for a period of less than 12 months prior to the effective date of this article shall not remain away from their employment for the reasons aforesaid for more than 12 months from the date of the contraction of the heart condition or respiratory ailment which caused the incapacity.
(d) Any personnel of the fire department who have been away from their job for a period in excess of 12 months due to a heart condition or respiratory ailment sustained or contracted in the performance of their duties and have returned to their job within a 30 day period in accordance with the provisions of this article and who have within a six month period of their return to their normal duties suffered a recurrence of the heart condition or respiratory ailment which disabled them initially will be given one additional period of 30 days in which to return to their regular duties as a firefighter and failure to so report shall be deemed prima facie evidence of the fact that said personnel are physically unfit for duty and shall immediately require said firefighter to make application for an accidental disability pension in accordance with the provisions of this article.
(Ord. of 6-12-00)
[1]Cross reference(s)—Cemeteries, ch. 26; courts, ch. 30.
State law reference(s)—General powers of cities and towns, G.L. 1956, §§ 45-2-1—45-2-13.
[2]Charter reference(s)—Town council, art. IV.
State law reference(s)—Councils and governing bodies, G.L. 1956, § 45-5-1 et seq.
[3]Charter reference(s)—Town administrator, art. V; town officials and offices, art. VIII.
Cross reference(s)—Harbormaster, § 14-41 et seq.; building inspector, § 18-26 et seq.
State law reference(s)—Retirement of municipal employees, G.L. 1956, § 45-21-1 et seq.
[4]Charter reference(s)—Boards and commissions, art. X.
Cross reference(s)—Tiverton harbor and coastal waters management commission, § 14-61 et seq.; tree commission, § 38-181 et seq.
[5]Editor's note(s)—An ordinance of July 25, 2011, § 2, amended division 3 in its entirety to read as herein set out. Former division 3, §§ 2-81—2-83, pertained to an economic development committee, and derived from an ordinance of February 27, 1975.
[6]Editor's note(s)—An ordinance of July 25, 2011, § 2, repealed Div. 2, §§ 2-86—2-89, which pertained to the Tiverton Arts Committee and derived from an ordinance of June 14, 1999.
[7]Charter reference(s)—Financial town meeting, art. III; financial services, art. VI.
[8]State law reference(s)—Municipal Purchasing Act, G.L. 1956, § 45-55-1 et seq.
[9]Editor's note(s)—An Ord. of 6-12-00 added a new Ch. 3, §§ 3-1 and 3-2. In order to preserve the alphabetical sequence of chapters, the provisions of said ordinance have been included herein as Div. 2, §§ 2-201 and 2-202 at the discretion of the editor.