Chapter 05-050

2005 -- H 6153

Enacted 06/16/05

A N A C T

RELATING TO THE WESTERLY FIRE DISTRICT

Introduced By: Representatives Lewiss, Kennedy, and McHugh

Date Introduced: March 03, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Articles III, VIII and XII and Appendix A Chapter 52 of the 1980 Public

Laws entitled "An Act Incorporating the Westerly Fire District" as amended in Chapter 115 of the

1990 Public Laws as amended in Chapter 31 of the 1990 Public Laws, are hereby amended to

read as follows:

ARTICLE III MEETINGS

A. The annual meeting of the Westerly Fire District shall be held on the last Wednesday

of August of each year at 7:00 p.m. local time, at a location to be specified in the call of the

meeting. The clerk shall determine the location of said meeting. All meetings of the Westerly Fire

District shall at all times be held within the boundaries of the Westerly Fire District.

B. Special meetings of the Westerly Fire District may be called upon written request,

signed by at least twenty (20) eligible voters, setting forth the purpose of said call, delivered to

the clerk, or in the absence thereof, any duly elected officer of the Westerly Fire District. said

special meeting shall e called within fourteen (14) days from the date of delivery of said request

to the clerk.

C. Adjournment meeting – Any business conducted or transacted at any annual or special

meeting may be referred to an adjourned meeting, upon request of fifteen (15) eligible voters

present at any such meeting, for the purpose of voting on such matters, either by paper ballots or

machine. Said adjourned meeting to take place on the ~~second~~ third Wednesday following the

meeting at which the adjourned meeting is requested. Voting hours shall be from 9:00 a.m. to

9:00 p.m. at a location within the boundaries of the Westerly Fire District, to be decided by the

clerk, that is easily accessible and convenient to the eligible voters of the Westerly Fire District.

ARTICLE VIII OFFICERS OF THE WESTERLY FIRE DISTRICT

A. Moderator – The Moderator shall preside at all meetings of the Westerly Fire District

and shall conduct all meetings in accordance with "Robert's Rules of Order", (Latest revision).

The Moderator shall appoint all committees, subject to the confirmation of a majority of the

eligible voters present at any meeting. The Moderator shall administer the Oath f Office to the

Clerk.

B. Clerk – The Clerk shall give notice in accordance with applicable Rhode Island law of

every annual meeting, special meeting or adjourned meeting of the Westerly Fire District by

~~placing a printed notice of the call of any such meeting in ten (10) public places, at least seven (7)~~

~~days prior to such meeting~~. Further, he shall advertise the call of such meeting, once a day for

three (3) days, in a local newspaper, within a seven (7) day period prior to such meeting. The

Clerk shall take the minutes of all meetings and shall e held responsible for the maintenance of

same. The Clerk shall administer the oath of office to all duly elected or appointed officers of the

Westerly Fire District, except the Office of Clerk as hereinbefore provided. The Clerk shall be

responsible for establishing all procedures at adjourned meetings.

C. Treasurer – The Treasurer, before proceeding to discharge these duties, shall give

bond to the Westerly Fire District in such sum and with such surety as the eligible voters may

determine, which will provide for the faithful discharge of the duties of office. Said bond shall be

deposited with the Clerk.

The Treasurer shall pay out and expend only those funds that are authorized to be

expended by vote of the eligible voters of the Westerly Fire District at any annual meeting,

special meeting or adjourned meeting.

The Treasurer shall make a statement, annually, of all accounts, in writing, showing the

sums received and paid during the previous fiscal year.

The Treasurer shall have the authority to ~~hire~~ borrow such sums, subject to the limitations

as hereinafter set forth, to carry on the affairs of the Westerly Fire District and shall also have the

authority to invest a any surplus funds, subject to the advice and consent of the Board of

Engineers, in any interest bearing accounts as provided by law.

D. Tax Collector – The Tax Collector, before proceeding to discharge these duties, shall

give bond to the Westerly Fire District in such sum and with surety as the eligible voters of the

Westerly Fire District shall determine which will provide for the faithful performance of the

duties of the office. Said bond is to be deposited with the Clerk.

The Tax Collector shall pay over to the Treasurer on the first business day of each month

the total taxes collected during the previous month, or at more frequent intervals, at the option of

the Tax Collector.

The Tax Collector shall determine and assess all real and personal property, located

within the boundaries of the Westerly Fire District. on December 31st of each year. The Tax

Collector shall have the power to assess any property exempted or omitted by the town of

Westerly. The date of collection shall e the November 30th following said assessment. Provided,

however, in the event the Grand List of the town of Westerly is not certified by June 15th of any

year, the Tax Collector, on approval of the Board of Engineers, shall have the authority to change

the date of collection to a date not more than 150 days from the date of said certification of the

Grand List by the town of Westerly.

The Tax Collector shall, after receipt of the list of assessments from the town of Westerly

and assessing any property omitted or exempted, produce a tax bill based on the tax rate approved

by the eligible voters of the Westerly Fire District and further shall maintain record of all tax

collections and delinquent charges and provide annual written reports thereof.

E. Chief – The chief shall have command of the Fire Department. He shall decide all

disputes and questions arising out of matters connected with the Fire Department among the

officers and men. He shall be responsible for the property of the Westerly Fire District and shall

enforce the rules and regulations of the Westerly Fire District. The Chief shall have the powers

and duties delegated by the state of Rhode Island to the principal officer of fire departments

located within the state of Rhode Island.

F. First Assistant Chief. – The First Assistant Chief shall assist the Chief. In the event of

the absence or disability of the Chief, for any reason, the powers and duties of the Chief shall

devolve upon the First Assistant Chief.

G. Second Assistant Chief. – The Second Assistant Chief shall assist the Chief. In the

event of the absence or disability of the Chief and the First Assistant Chief, for any reason, the

powers and duties of the Chief shall devolve upon the Second Assistant Chief.

H. Third Assistant Chief. – The Third Assistant Chief shall assist the Chief. In the evener

of the absence or disability of the Chief, the First Assistant Chief, and the Second Assistant Chief,

the Third Assistant Chief shall assume the powers and duties of the Chief.

ARTICLE X PROCEDURE TO REMOVE DISTRICT OFFICERS

A. In the event, that charges are brought against any officer of the Westerly Fire District

by complaint filed with the Board of Engineers alleging conduct inconsistent with the objectives

of this Charter, the Board of Engineers shall call a special meeting of the eligible voters and there

shall e a committee appointed by the Moderator at said special meeting, which will consist of

three (3) members. The committee shall be filled according to the following order, exempting any

of the following who may be subject to any charges: Clerk, Treasurer, Chief, First Assistant

Chief, Second Assistant Chief, Third Assistant Chief and Moderator. Said committee will hear

the charges or reasons proposed for the removal of said officer(s) after giving adequate notice to

the eligible voters of the Westerly Fire District of the time and place of said hearing. Any

person(s) so charged shall be afforded the opportunity to have said hearing either in executive

session or an open meeting and to present testimony and witnesses in their defense and to be

represented by legal counsel. Within fourteen (14) days following said hearing, the committee

will make public its report of findings from said hearing and within fourteen 914) days thereafter

a special meeting shall be called, as hereinbefore provided, for the consideration of removal of

such officer(s). At said special meeting, the eligible voters may by majority vote, remove or retain

said officer(s or may adjourn said meeting to a day certain for ballot vote.

ARTICLE XII BOARD OF ENGINEERS

The Chief, Fire Assistant Chief, Second Assistant Chief and Third Assistant Chief shall

constitute the Board of Engineers, whose duties collectively shall e as follows:

1. To determine the number of companies within the Westerly Fire District, the

geographical location of each company and the quota of members in each company.

(2) To meet on a regular basis to consider all expenses and claims filed with the District

and such expenses and claims that are approved shall bear their signature and be presented to the

Treasurer for payment. ~~Each statement or claim shall bear the signature of a majority of the Board~~

~~of Engineers before being presented to the Treasurer for payment.~~

3. A majority of the members of the Board of Engineers, present at a fire, or in the event

that there is only one member of the Board of Engineers present, may order such buildings to be

pulled down or blown up, as they shall judge necessary to stop the progress of a fire.

4. Whenever a vacancy shall occur in the Office of Moderator, Clerk, Tax Collector or

Treasurer either through death, resignation or disability or removal for cause, the Board of

Engineers shall appoint an eligible voter to the District to serve in such capacity until the next

Annual or Special Meeting.

5. The Board of Engineers shall appoint or designate an eligible voter as Acting

Treasurer, said person not to be a member of the Board of Engineers, who in the absence or

disability of the Treasurer shall have the authority to sign checks and assume the other duties of

the Treasurer. Said person shall provide bond in an amount to be determined by the Board of

Engineers.

6. The Board of Engineers shall have the authority to retain legal counsel at an annual

cost to be determined by the eligible voters of the Westerly Fire District. Said legal counsel shall

be available in an advisory capacity for all committees of the Westerly Fire District and shall

render legal opinions, whenever requested to do so, on any question or inconsistencies pertaining

to the Charter.

7. The Board of Engineers, acting on behalf of the Westerly Fire District, shall have the

right to sue and be sued in the Courts of this State having jurisdiction to hear, try or determine

such causes. The Westerly Fire District shall indemnify any elected officer for damages,

judgments, settlements, costs and expenses incurred in connection with any action, suit or appeal

therefrom, arising out of an alleged or actual breach of duty, neglect, error, misstatement or

omission, or any other matter claimed against said person solely by reason of their being an

Officer of the Westerly Fire District.

8. The owners of the greater part of the land within any area contiguous to the boundary

lines of the Westerly Fire District, as herein set forth, or as may be extended form time to time by

operation of this section, may petition the Board of Engineers that the territory within which they

own land b e admitted as part of the Westerly Fire District. The Board of Engineers shall

consider the admission of the territory described in such petition and may require, as a condition

of such consideration, the payment to the Treasurer of the Westerly Fire District, the sum equal to

the cost of a survey of such additional territory and such plans and reprints, as the Board of

Engineers shall deem necessary. Upon approval of any such petition by the Board of Engineers,

the same shall be referred to the next Annual Meeting of the Westerly Fire District or the Board

of Engineers shall call a Special Meeting. Notice of the meeting of the Westerly Fire district at

which the admission of territory is to be considered shall be given in the manner herein before

provided but also shall make special mention that the admission of territory is to be considered.

Upon petition and approval by the Board of Engineers and notice thereof given as aforesaid, at

any meeting of the Westerly Fire District, by majority vote of the eligible voters present and

voting, may accept or reject the admission of the territory described in said petition. Upon

certificate by the Moderator, attested by the Clerk, that the meeting was duly called and held upon

said petition and approval that it was voted to accept such territory being filed with the Secretary

of State of the State of Rhode Island, said territory shall be included within the boundaries of the

Westerly Fire district.

9. ~~Whenever a member of the Board of Engineers in the discharge of their duty, issues an~~

~~order to any member of the Westerly Fire Department, the order shall be faithfully carried out. In~~

~~the case of disobedience or neglect, said person shall be subject to review by the Board of~~

~~Engineers, who may, if they so deem, discharge said person from the Westerly Fire Department.~~

[ Deleted in Chapter 05-050 and 05 - 085 of the 2005 Public Laws.]

10. The Board of Engineers, at each Annual Meeting, shall make a written report to the

eligible votes of the Westerly Fire District of the state of affairs of the Westerly Fire District.

They shall also, at each Annual Meeting, present the eligible voters with a written report of

anticipated expenditures for the coming fiscal year.

11. The Board of Engineers may, from time to time, prescribe such reasonable

Departmental rules, orders and regulations concerning health, safety, cleanliness, maintenance,

training and the protection of Westerly Fire District property as they shall see fit. Any member of

the Westerly Fire Department not adhering to same shall be reported to the Board of Engineers

for review, who may, if they so deem, discharge said member from the Westerly Fire

Department.

APPENDIX A

All that part of the Town of Westerly, which shall constitute all those portioned of the

Town of Westerly which are included within the following boundary lines, is hereby incorporated

into a district to be called the Westerly Fire District.

"Beginning at a point in the center of the Pawcatuck River being the intersection of the

town division boundary line in North Stonington and Stonington and the state division boundary

line of Connecticut and Rhode Island; thence running in a general southerly direction by and with

said state boundary line to a point due west of Avondale point as defined from the true north;

thence running east to said Avondale point; thence continuing in an easterly direction by and with

the southerly shore of said Avondale point to a culvert over a ditch crossing Avondale Road, so-

called; thence southerly by and with said Avondale Road to Watch Hill Road; thence crossing

said Watch Hill Road and following the northerly boundary line of Watch Hill Fire District a

distance of five hundred (500) feet to a northeasterly corner of said Watch Hill Fire District area;

thence running in a northeasterly direction maintaining a distance of five hundred (500) feet from

the easterly side of the Watch Hill Road and bounded southeasterly by the said Watch Hill Fire

District, to a point on the south side of Shore Road five hundred (500) feet easterly of the east

side of Watch Hill Road; thence crossing said Shore Road and running in a general northeasterly

direction and maintaining a distance of five hundred (500) feet southeasterly from the Watch Hill

Road to a point five hundred (500) feet north of the north side of Shore Road; thence running in a

general easterly direction and maintaining a distance of five hundred (500) feet northerly from

Shore Road to the centerline of a stonewall, a distance of five hundred (500) feet more or less to

the northerly side of Shore Road; thence easterly, along the northerly side of Shore Road, a

distance of three thousand ninety one (3091) feet more or less to the centerline of a stone wall and

the southwesterly corner of land now or formerly of Margaret M. Houston; thence northerly, by

and along the centerline of said stonewall, to a point of five hundred (500) feet northerly of the

northerly side of Shore Road; to the Tom Harvey Road as shown on plat hereinafter mentioned;

thence crossing the Tom Harvey Road and following the easterly side of the Tom Harvey Road

and following the easterly side of the Tom Harvey Road in a northwesterly direction to where the

Tom Harvey Road meets the southerly property line of the Westerly State Airport, as shown on

drawing entitled "Westerly State Airport, Westerly, R.I. layout plan dated 20 March 1969" to a

point, said point being the southeasterly property corner of the Westerly State Airport; thence

proceeding in a generally easterly and northerly direction, along the easterly property line of the

Airport, to a point on the southerly side of Post Road (Rte. U.S. 1), said point being the

northeasterly property corner of the Westerly State Airport; thence proceeding in a generally

northwesterly direction along the southerly side of Post Road, to a point, said point being the

intersection of the above mentioned course and the easterly line of the Westerly By-Pass (Rte.

78); thence proceeding in a northerly direction along the easterly line of the Westerly By-Pass

(Rte. 78) to a point, said point being the southwesterly property corner of the Westerly Town

Dump as shown on drawing entitled "Plan Showing Limits of Dump Area, Westerly Town

Dump, Westerly, R.I., dated 16 July 1973, H.J. Turrisi Engr."; thence proceeding in a general

northeasterly direction along the southerly and easterly property lines of the Westerly Town

Dump on the beforementioned drawing to a point on the shoreline of Chapman's (Burdens) Pond;

thence proceeding in a northeasterly direction across Chapmans (Burdens) Pond to a point, said

point being the center line of Aguataug Brook passing under the Westerly-Bradford Road (Rte.

91) at a bridge near utility pole N.E. Co. – 1715 on said road; thence continuing in a generally

northeasterly direction by and with said Brook to the centerline of the Pawcatuck River; thence

turning and running downstream along the centerline of said Pawcatuck River to the point and

place of beginning".

Said Westerly Fire District boundaries are more accurately shown, delineated and defined

on that certain plat or map entitled, "Plat Showing boundary lines of Westerly Fire District,

Dunns Corners Fire District and Bradford Fire District – February, 1979", to be recorded with the

Town Clerk in the Westerly Land Evidence Records of the said Town of Westerly.

SECTION 2. This act shall take effect upon passage.

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LC02469

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