Chapter
085
2005 -- S 0927
Enacted 06/25/05
A N A C T
RELATING
TO THE WESTERLY FIRE DISTRICT
Introduced
By: Senator Dennis L. Algiere
Date
Introduced: March 10, 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.
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 Chapters 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 ap 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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LC02425
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