[HISTORY: Adopted by the Town Council of
the Town of Glocester 9-14-1989 (Ch. III, § 2, 3-02-07, of the 1991 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Boards, commissions and committees — See
Part 2 of this Code.
The Town of Glocester adopts these rules of
procedure to:
A. Establish procedures for the execution of the responsibilities
of various Town boards, commissions and committees, hereinafter referred
to as "boards," as established and delegated by the Glocester Town
Council;
B. Facilitate processing and review of applicable permits,
licenses, applications, certifications and other documents as may
be required by the various Town boards;
C. Promote a better understanding of decisions and opinions
issued by the various Town boards;
D. Provide a mechanism for reviewing permits, licenses,
applications, certificates and other documents with respect to maintaining
the objectives of the current Comprehensive Community Plan, as updated
and amended, and other goals and objectives ordained by the Town Council.
A. Members of all various Town boards shall be appointed
as provided for in the Town ordinance.
B. The Chairperson of the Town board shall:
(1) Preside at all meetings, hearings and workshops of
the body of which she/he is Chairperson, ensuring that all meetings
are held in an orderly, efficient fashion, and that all interested
parties have the opportunity to be heard;
(2) Decide all points of order and questions of procedure,
subject to these rules, unless a majority of the members in session
directs otherwise;
(3) Appoint any subcommittees, from the membership of
his or her own board, necessary to investigate any matter before the
board;
(4) Be responsible for the development of a proposed budget
for the board, submitted in accordance with procedures developed by
the budget committee and approved by the Town Council;
(5) Be responsible for the preparation of an annual report
of the activities of the board during the preceding calendar year,
including, but not limited to, a record or catalogue of all decisions
and opinions issued by the board regarding the granting or denial
of all applications made, proposed and adopted rules of procedure
and standards of review, the effect of the year's activities in the
Town, the attendance of members, any training sessions attended by
any of the membership, financial statements, and any other pertinent
data. This report shall be distributed to the Town Council for its
review no later than March 1, and shall be placed on file in the Town
Clerk's office for public viewing within a reasonable time period
thereafter;
(6) In the event of the absence of the Recording Clerk, arrange for a substitute to perform duties under Subsection
E; and
(7) Conduct all meetings, hearings and workshops in accordance
with Rhode Island Open Meetings Laws.
(8) No
Chairman of a board that accepts applications for consideration, per
state law or the Glocester Code of Ordinances, shall serve as Chairman
of any other Town board or commission.
[Added 5-19-2011, effective 6-22-2011]
C. Vice-Chairperson. The Vice-Chairperson shall serve
as the Chairperson of the Town board in the absence of the Chairperson.
At such times, the Vice-Chairperson shall have the same powers and
duties as the Chairperson.
D. Secretary (optional). Duties as determined by the
board.
E. Recording Clerk (appointed by the Town Council). The
Recording Clerk shall:
(1) Prepare, under the direction of the Chairperson, the
recording of written opinions, approvals, disapprovals, findings and
conditions for each application, preapplications or consultations;
(2) Ensure that the appropriate Town board(s) and/or staff
are notified in a timely manner of all opinions, approvals, disapprovals,
findings and conditions for applications, preapplications and consultations;
(3) Ensure that applicants receive written notification
in advance of meeting dates and of written opinions, approvals, disapprovals,
findings and conditions for applications, preapplications and consultations;
(4) Prepare meeting agendas in consultation with the Chairperson
and appropriate staff, and ensure that the public notice of each meeting
is properly advertised and posted in accordance with RI Open Meetings
Laws;
(5) Prepare and maintain records of meetings, hearings,
workshops and reviews; and
(6) Ensure, as far as reasonably possible, that records
are readily available for public viewing, in accordance with RI Open
Meetings Laws.
F. Conflict of interest. No member shall take part in
any process, hearing, opinion or decision of any application, preapplication
or consultation in which the member has or appears to have a personal,
professional or financial interest. In a situation where a conflict
of interest arises, it shall be the responsibility of that member
having the conflict of interest to disclose such conflict for the
record. That member shall withdraw from proceedings during any and
all discussion of the item presenting the conflict.
G. Attendance at meetings. If any member fails to attend
three consecutive duly scheduled meetings of the board, or is absent
from one-half or more of such meetings in a calendar year, the Chairperson
shall:
(1) Request that the Town Council declare the position
vacant; and
(2) Request that the Town Council act to fill the position
at the next Town Council meeting.
A. Notification and cancellation.
(1) All various Town boards shall establish a schedule
of regular meetings for the entire calendar year following the month
in which annual election of officers occurs. Annually, each board
shall post the schedule of regular meetings in Town Hall, in accordance
with RI Open Meetings Laws. The agenda of each meeting of the board
shall be posted in the Town Hall at least 48 hours prior to such meeting.
The agenda shall contain, for each item, the owner's and applicant's
names, AP and lot number(s), citation of the ordinance and a brief
description of what the board is being asked to act upon or discuss.
When the board has no matters pending, the Chairperson may cancel
a regularly scheduled meeting by notifying all members not less than
48 hours prior to the time set for the meeting and shall post a notice
of cancellation in the Town Hall at least 48 hours in advance of the
time of the meeting.
(2) The Chairperson may call a special meeting of the
board at any time, provided that a regular quorum of the members so
consent, not more than two weeks, nor less than one week prior to
the time of such meeting. Special meetings of the board shall be posted
in the same manner as regularly scheduled meetings of the board.
(3) Agendas shall be mailed to applicants appearing on
such agendas at least seven days prior to the time of such meeting.
The Recording Clerk shall mail the agendas as a courtesy and to ensure
that applicants are notified in writing of such meetings at which
their attendance (or that of their representative) is required. The
agenda shall indicate that the order of business may be altered by
a majority vote of the board.
B. Voting. For the purposes of decision-making, each
member of the board shall have one vote. A board member may (and must)
abstain from a vote in the case of a conflict of interest.
C. Quorum. An affirmative vote of a simple majority of the board members shall be required to make any decision or formally conduct any business, except where otherwise specified by law. In the event that there are not sufficient members present to make decisions at a meeting, any member present shall announce such to the public audience and so inform the audience that a special meeting will be called to hear the items on the agenda. No new items will be added to the agenda for the special meeting. Such meetings will be advertised and conducted in accordance with the provisions of Subsection
A of this section.
D. Order of business. The board shall hold all meetings
open to the general public. Regular and special meetings of the board
shall utilize the following order of business as appropriate:
(1) Call to order by the Chairperson;
(2) Roll call, or some means of introduction of members
in attendance;
(3) Reading, by request of any member, and amendment,
if necessary, and acceptance of the minutes of the previous meeting(s);
(4) Committee or relevant reports (other than project
review);
(5) Old business, including continued applications;
(6) New business, including new formal applications and
petitions;
(7) Informal or preapplication consultations;
E. Records.
(1) The board shall keep written records of its meetings,
deliberations and decisions. The Recording Clerk of the body shall
have the primary responsibility for keeping the records. The board
may also require a verbatim, recorded or stenographic record.
(2) The board shall maintain written minutes available
for public inspection in Town Hall, in accordance with RI Open Meetings
Laws. Minutes shall show the vote of each member on each question,
and shall indicate, as well, abstentions and absences. At a minimum,
minutes shall also contain:
(a)
Listing of members present and absent;
(b)
Listing of others present, specifically, staff,
Town Solicitor, public agency staff, applicants and/or their representatives;
(c)
Reading and approval of minutes of the previous
meeting(s);
(d)
Summary of the agenda items, including a general
description of relevant features/considerations;
(e)
Summary of arguments and materials presented
for each item, including supporting documents, objections and corrections;
(f)
Summary of deliberations for each application,
including a detailed reference to the standards or review criteria
used;
(g)
Findings of fact made, conclusions reached,
and actions taken or motions made on each application or item of consideration.
(3) The board shall forward a written summary of its deliberations,
opinions, motions and actions to the applicant, the Building Official,
Zoning Enforcement Officer, the Town Planner, and other applicable
boards, and shall enter necessary information into the land evidence
books, within 14 days following the meeting at which such deliberations
were made, unless specifically required earlier to meet the requirements
for meetings, hearings or workshops of other boards or the Town Council.
(4) Unofficial minutes shall be available within 35 days
of that meeting or at the next regularly scheduled meeting, whichever
is earlier, unless the board, by majority vote, extends the time period
for the filing of minutes and publicly states the reasons, in accordance
with the Rhode Island Open Meetings Laws.
F. Order of business for formal applications.
(1) The Town board's consideration of each formal application
shall utilize the following order of business:
(a)
Chairperson's preliminary statement concerning
the application, as read from the application form. In this statement,
the Chairperson shall describe any special features to be considered;
(b)
Applicant's presentation of the project, arguments
and material in support of the application. Applicant shall begin
by stating his/her name and address, address of the land in question,
and shall introduce any engineer, attorney or other representative
present. This presentation shall be made to the board and public audience.
Every effort shall be made to present the material in such a way that
both the board and the public audience may hear, see and understand
the verbal and graphic description of the proposed application and
the impact of that application on the community;
(c)
Staff reports and comments, as applicable;
(d)
Comments from interested parties, abutters,
etc.;
(e)
Public or private groups' comments or recommendations
concerning the application;
(f)
Town board members' questions of the application,
staff or review subcommittee (if applicable) concerning the application
may be made throughout the process;
(2) The Chairperson's summary of the application, arguments
and materials presented, including findings of fact, objections and
corrections of any party;
(3) The board's deliberations over a motion to grant an
application shall be based upon relevant goals and objectives of the
Comprehensive Community Plan, Town ordinances and other standards
of review, including, but not limited to, promoting the public health,
safety, morals and general welfare of the Town of Glocester. Motions
to grant an application shall include a specific reference to the
standards of review under which the proposal has been judged, and
may establish a reasonable time period for project completion.
G. Order of business, informal, for preapplication consultations
or conceptual reviews. The board shall use the following order of
business when considering information or preapplication consultations
or conceptual reviews:
(1) The same order of business as in reviewing formal
applications, with the exception that no motions are made on informal
applications;
(2) The applicant shall be given a clear understanding
of the board's consideration of the appropriateness of the proposal,
whether or not the proposal meets the board's standards of review
that will be employed and any suggestions or modifications that the
board feels appropriate.
These rules shall apply to all Town boards,
notwithstanding binding state legislation.