TOWN OF EXETER, RI Lynn M. Hawkins, CMC Town Clerk Council Clerk Probate Clerk 675 Ten Rod Road Exeter, RI02822 Ph: (401),294-3891 Fax: (401)295-1248 lerk@exeterri.govy TOWN OF EXETER NOTICE OF PUBLIC HEARING PROPOSED AMENDMENTS TO EXETER HOME RULE CHARTER JULY 29, 2024, 7:00 P.M. The Town Council of the Town of Exeter will hold a Public Hearing on four (4) proposed amendments to the Exeter Home Rule Charter (hereinafter referred to as "Charter"), on Monday, July 29, 2024, at 7:00 p.m., in Council Chambers, Exeter Clerk's Office, 675 Ten Rod Road, Exeter, Rhode Island. The proposed Charter amendments, if approved at the Public Hearing, will be placed on the ballot for approval by the voters at the General Election on November 5, 2024, are as follows: 1. "Shall Article VI, Section 613, be added to the Town Charter creating a 2. "Shall Article VII, Section 703, of the Town Charter be amended to change the composition of the Conservation Commission from a seven (7) Town Administrator position for the Town of Exeter?" member to a five (5) member board?" 3. "Shall Article V, Section 505(c), Purchasing and Accounting Control, of the Town Charter be amended to remove language that restricts Town compliance with Rhode Island General Laws when amended, and the ability to revise the Town purchasing ordinance?" 4. "Shall Article III, Section 301(b), and Article V, Section 507 of the Town Charter be amended to address procedures for any non-Dudgetary grants, gifts, and other such unanticipated funds received by the Town?" Copies of the proposed amendments in their entirety, showing the revisions to be made to the pertinent sections of the Charter and the rationales for proposing same, may be obtained at the Clerk's Office during normal business hours, by email at clerk@exeterri.gov, by calling (401) 294-3891, Ext. 9, or on the Town's website attached to this notice. A forty-eight (48) hour notice is required for persons with sensory impairments requiring auxiliary aids by calling 294-3891, Ext 1. The Exeter Clerk's Office is handicapped accessible. Per Order of the Exeter Town Council, Lynn M. Hawkins, CMC, Exeter Town Clerk POSTED: July 12, 2024, Exeter Clerk's Office, Public Library, Post Office, and Website ADVERTISED: July 18, 2024, The Standard Times TOWN OF EXETER 2024 Local Referenda Ballot Question AMENDMENT TO' THE TOWN CHARTER - TOWN ADMINISTRATOR POSITION Ballot Ouestion "SHALL ARTICLE VI,SECTION 613 BE. ADDED TO THE CHARTER CREATING A TOWN ADMINISTRATOR POSITION FOR THE TOWN OF EXETER?" CHARTER REVISIONS (new in its entirety) SECTION613. TOWN. ADMINISTRATOR THERE SHALL BE A TOWN ADMINISTRATOR WHO SHALL BE. APPOINTED BY THE TOWN COUNCIL IN ACCORDANCE WITH SECTION 601 OF THIS CHARTER WHENEVER THE TOWNCOUNCIL DEEMS THATS SUCH APPOINTMENT SHALL: BEI NECESSARY. FUNDING FOR THE OFFICE OF THE TOWN ADMINISTRATOR SHALL BE AS APPROVED AT THE ANNUAL FINANCIAL MEETING. QUALIFICATIONS. AND CONDITIONS OF EMPLOYMENTFOR, APPOINTMENT TOTHE TOWN ADMINISTRATOR POSITION SHALL BE SET FORTH IN JOB DESCRIPTIONS, AND QUALIFICATIONS FOR SAID POSITION AS SHALL BE. APPROVED BY THE TOWN COUNCIL. THE TOWN ADMINISTRATOR SHALL BEI RESPONSIBLE FOR THE DAY-TO-DAY MANAGEMENT, ADMINISTRATION AND OPERATION OF THE TOWN AND SHALL. ASSUME SUCH OTHER DUTIES AS MAY BEI DIRECTED BY THE TOWN COUNCIL. THE MANAGERIAL AND. ADMINISTRATIVE AUTHORITY OF THE TOWN ADMINISTRATOR SHALL BE AUTHORIZED: BY THE TOWNCOUNCILBY ORDINANCE. THE OFFICE OF THE TOWN ADMINISTRATOR SHALL HAVE: SUCH PERSONNELAND EQUIPMENT AS PROVIDED FOR IN THE. ANNUAL APPROVED TOWNI BUDGETS. RATIONALE Due to thei increased complexity of operating the Town in such areas as labor relations, contract management, and increased federal and state mandates, a Town Administrator position is required. Relying solely on a part-time elected Town Council form of government is outdated and no longer practical, efficient, or responsive enough to manage the day-to-day operations oft the town. TOWN OF EXETER 2024LOCAL REFERENDA Ballot Question AMENDMENTTOTHE TOWN CHARTER -CHANGING THE COMPOSITION OF THE CONSERVATION COMMISSION FROM SEVEN (7) MEMBESTOFVES) MEMBERS. BALLOT QUESTION "SHALL. ARTICLE VII, SECTION 703 OF THE TOWN CHARTER BE. AMENDEDTOCHANGETHE COMPOSITION OFTHE CONSERVATION COMMISSION FROM A SEVEN (7) MEMBERTOA FIVE (5) MEMBER BOARD?" CHARTER REVISION (underscore = new; strikethreugh = deleted) SEC. 703. CONSERVATIONG COMMISSION THE COUNCIL MAY CREATE A CONSERVATION COMMISSION FOR THE PURPOSE OF PROMOTING AND DEVELOPING THE NATURAL RESOURCES, PROTECTING THE WATERSHED RESOURCES, AND PRESERVING NATURAL ESTHETIC AREAS WITHIN THE TOWN. THE COMMISSION SHALL CONSIST OF FIVE (5) SEVEN-(7) MEMBERS APPOINTED BY THE COUNCIL, EACH TO SERVE FOR A THREE-YEAR TERM, WITH THE TERMS sO ARRANGED THAT AS NEARLY AS POSSIBLE ONE-THIRD WILL EXPIRE EACH YEAR ONTHE LAST DAY OF. JUNE. RATIONALE The proposed reduction in the membership of the Conservation Commission from seven (7) to five (5) seats is an effort to come closer to making this commission a functional group. The recruitment of Exeter residents to serve on boards and commissions has become extremely difficult regardless of the effort made or compensation provided. As with the case of the Town of Exeter Conservation Commission, boards and commissions are not able to operate without more public involvement. TOWN OF EXETER 2024LOCAL REFERENDA Ballot Question AMENDMENTTOTHE TOWN CHARTER- REMOVALOF OUTDATED PURCHASING LANGUAGE RESTRICTING TOWN COMPLIANCE WITH RHODE BLANDGENERALLANS. BALLOT OUESTION "SHALLARTICLE V,SECTION: 505(C), PURCHASING. AND ACCOUNTINGCONTROL OFTHE TOWN CHARTER BE AMENDED TO REMOVE LANGUAGE1 THATRESTRICTSTOWN COMPLIANCE WITH RHODE ISLAND GENERALLAWS WHEN AMENDED,AND THE ABILITYTO REVISE THE TOWNI PURCHASING ORDINANCE?" CHARTER REVISION (strikethrough = deleted) SEC. 505.PURCHASING AND. ACCOUNTING CONTROL. (C) THETOWNCLERK SHALL SERVE AS THE. PURCHASING OFFICER OF THE TOWN, PROVIDED HOWEVER, THAT THE COUNCIL MAY MAKE OTHER PROVISION FOR THE DISCHARGE OF THOSE RESPONSIBILITIES UNDER G.L. 1956 $45-55-1 ET SEQ., "AWARDOFI MUNICIPAL CONTRACTS." THE PURCHASING OFFICER SHALL BE RESPONSIBLE FORI INSURING THATTHEI REQUIRED BIDDING PROCESS AND THE OTHER PERTINENT PROVISIONS OF STATE LAW ANDLOCAL ORDINANCE RELATING TOI PURCHASING ARE FOLLOWED. PROELREMENISFORALLPEREHASES FFHEAMOENFSMORE#ANNEFHOUSANDBAHEMAS481,092098UFNOMMORETHANFIME HOSAND-DOHEARS465,09AX*MNMEMOPPHREEVEREFEPAANPARECORECORDED-TELEPHONE BHBSSHAEL-BESOHe#EDANDHEAHARPAMAPEOAFHEBASIS-FHEREOF: HEAMOENFISENE#HMNS:EAHES,PHPSSHALENOFBE RERLREP-ABEPEREHASESANPCPMFRACHAEISENCEEDNEHMEFOUSAMDDOHEARS 65,99SHALEBEMABEPBSAMOHECOMPEHINEEHEPBIPPNEPROCESE: OR#HNGH.956-45-X5S,ASAMENBEDFROWFMETOIME-PURCHASESAND SHALBEMADEADEAS-FOLLOWS: UNFAEISSHAEE BEARTI PEDTOEVAPE#HEDOH HEREIN RATIONALE Page 2 of2 This revision to the Town Charter is administrative in nature and will allow the Town to follow Rhode Island General Law $ 45-55-1 et seq., "Award ofMunicipal Contracts" as amended and to revise the Town's Purchasing Ordinance without requiring a Charter Amendment each time the When the Charter was adopted in January of1997, Charter Section 505 included the same language as RIGL $ 45-55-1 titled "Award of! Municipal Contracts." As required by the newly adopted Charter, in July of 1997 the Town Council adopted the Town's Ist purchasing ordinance, Article IV., Contracts and Purchases, which also contained the same language as Since Section 505 of the Town's Charter states, "The Council shall provide by ordinance policies and procedures to govern the making of purchases by and on behalf of the Town, in conformity with G.L. 1956, S 45-55-1 et seq., relating to the award of municipal contracts, and other applicable provisions of state law, now or hereafter in effect," when changes are made to the RIGLS, the Town Council would be able to amend the Town's purchasing ordinance to stay in Removal of this section from the Charter will have no negative impact on town purchasing controls which are governed by State laws and regulations and Town ordinance. State's purchasing laws are revised. RIGL 45-55-1 and Charter section 505. conformity with the state purchasing laws and regulations. TOWN OF EXETER 2024LOCAL REFERENDA Ballot Question AMENDMENTTOTHE TOWN CHARTER - ADDRESSING GRANTS, GIFTS, AND OTHER: SUCH UNANTICIPATED FUNDS RECEIVED BY THE TOWN OF EXETER. BALLOT OUESTION "SHALL. ARTICLE III, SECTION. 301(b), AND. ARTICLE V,SECTION. 507 OFTHE TOWN CHARTER BE AMENDEDTO ADDRESS PROCEDURES FOR. ANY NON-BUDGETARY GRANTS, GIFTS, AND OTHER SUCH UNANTICIPATED FUNDS RECEIVED BY THE' TOWN?" CHARTER REVISIONS (underscore = new) SEC. 301.1 DATE ANDI PURPOSE OF ANNUAL FINANCIAL TOWNI MEETING. (b) NO MONEY SHALL BE DRAWN FROM THE GENERAL FUND, NOR FROMI MONEYS IN. ANY OTHER TOWN FUND, DURING THE FISCAL YEAR, EXCEPT PURSUANT TO APPROPRIATIONS MADE. ATTHE ANNUAL OR A SPECIAL FINANCIAL TOWN: MEETING. THIS SUBSECTION: SHALL NOT BEI INTERPRETED TO RESTRICT THE TOWN TREASURER FROM MAKING TRANSFERS OF FUNDS FOR INVESTMENT PURPOSES OR RESTRICTTHE USE ANDI EXPENDITURES OF NON-BUDGETARY UNANTICIPATED FUNDS RECEIVED FROM STATE, FEDERAL, OTHER GOVERNMENTAL UNIT(S). OR PRIVATE SOURCES THAT BECOME AVAILABLE! DURING THE FISCAL YEAR. SEC. 507. LAPSE OF APPROPRIATIONS. EVERY APPROPRIATION, EXCEPT AN APPROPRIATION FOR A CAPITAL EXPENDITURE SHALL LAPSE AT THE CLOSE OF Al FISCAL YEAR TO' THE EXTENT THATI IT HAS NOTI BEEN EXPENDED OR ENCUMBERED. AN. APPROPRIATION FOR A CAPITAL EXPENDITURE SHALL CONTINUE IN FORCE UNTIL THE PURPOSE FOR WHICH IT WAS MADE HAS BEEN ACCOMPLISHED OR ABANDONED; THE PURPOSE OF ANY SUCH APPROPRIATION SHALL BE DEEMED ABANDONED: IF TWOFISCAL YEARS FOLLOWING THE DATE OF APPROPRIATION PASS WITHOUT ANY DISBURSEMENTI FROMOR ENCUMBRANCE OF THE. APPROPRIATION. THIS SECTION DOES NOT APAXIOGKANTRAGIETS.ND OTHER SUCH UNANTICIPATED NON-BUDGETARY FUNDS RECEIVED DURING ANY FISCALYEAR. RATIONALE Page 20 of2 The Town's Charter does not provide any guidance or procedures for the use and protection of non-budgetary unexpected funds received by the Town throughout the fiscal year. Amending the Charter to include language acknowledging that the Town does receive grants, gifts, donations, and other such unanticipated funds, and adding language that provides safeguards to ensure these types of funds will be used for the specific purposes for which they were received, is in the best interest ofthe taxpayers and provides stronger financial controls.