2018 -- H 7425

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LC003111

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO THE SMITHFIELD LAND TRUST

     Introduced By: Representatives Winfield, and Costantino

     Date Introduced: February 02, 2018

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 174 of the Public Laws of 1999, entitled "An Act Establishing the

Smithfield Land Trust," is repealed in its entirety.

     SECTION 1. The town council of the town of Smithfield (hereafter called the town) is

hereby authorized to establish the Smithfield land trust (hereafter called the trust), a body politic

and corporate and a public instrumentality. The trust shall have the authority to acquire, hold, and

manage real property and interests therein including development rights and easements situated in

the town consisting of open, residential, agricultural, recreational historical or littoral property,

including existing and future well fields and aquifer recharge areas, fresh water marshes, water

bodies, and adjoining uplands, wildlife habitats, land or buildings providing access to or views of

water bodies, or for bicycling and hiking paths, or for future public recreational use, and land for

agricultural use or air space thereof. With the exception of property acquired for public historical

preservation, research and/or educational, public access or recreational purposes, the trust shall

hold all property or development rights as open space or for agricultural uses or for water

protection purposes or for public access or to prevent the accelerated residential or commercial

development thereof in perpetuity, as the trustees may determine. However, whereas certain

properties may not have continuing value as open space or conservation lands, the trust may

dispose of these properties as it sees fit, providing that any restrictions on the property are taken

into account.

     SECTION 2. The purpose of the trust shall be to preserve open space, protect wetlands,

water bodies, ground and surface water resources, farm lands, historical or cultural places of

interest, scenic views, unusual, exceptional or exemplary natural habitats, provide opportunities

for research and education on natural resources on land trust held properties and to secure for the

town the goals and objectives established in the comprehensive plan.

     SECTION 3. The trust shall be administered by five (5) trustees to be appointed by the

town council pursuant to chapter 35 of title 18 of the general laws. The trustees who are first

appointed shall be designated to serve for terms of one (1) one year, one (1) two years, one (1)

three years, one (1) four years and one (1) five years, respectfully. Thereafter, trustees shall be

appointed as aforesaid for a term of office of five (5) years, except that all vacancies occurring

during a term shall be filled for the unexpired term. The town council shall appoint persons to

serve on the land trust, whom are resident electors, on a non-partisan basis. Said members shall

serve without compensation and shall hold office until their successors have been named. All

trustees shall be subject to the Rhode Island code of ethics, contained in chapter 14 of title 36 of

the general laws.

     SECTION 4. The trustees shall annually elect a chairman, vice chairman and treasurer

from their members and shall appoint a secretary who may either be a member or a non-member.

Copies of all meeting minutes shall be submitted to the town council for distribution and shall be

filed with the town clerk and become a permanent record of the town. The term of office of the

chairperson, vice chairperson, treasurer and secretary, unless otherwise prescribed by the town

council shall be for the calendar year.

     SECTION 5. The trustees shall adopt rules and regulations governing the conduct of trust

affairs, including the acquisition and management of its holdings, not inconsistent with the

provisions of this act. All rules and regulations of the trust are subject to the approval of the town

council. Decisions of the trustees shall be by majority of those present and voting, excepting in

decisions of the acquisition of land, easements, rights of way and other uses referred to in section

I of this trust, which must be by majority vote of all trustees and no business shall be transacted

without four (4) trustees present with three (3) voting. The trustees shall prepare an operating

budget to be sent to the town manager to be incorporated into the town manager's budget for town

council review and consideration. Upon adoption of the budget it will be presented to the

financial town meeting for final approval. The funds authorized in this budget will be paid by the

town treasurer in accordance with the accepted accounting procedures that are in place in the

town at that time. All funds that are released for land acquisition referred to in section 1 of this

trust, can only be released after approval by the town council. The trustees shall keep accurate

records of their meetings and actions and shall file an annual report which shall be printed in the

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annual town report. All meetings of the trusts shall be open to the public in accordance with the

Rhode Island open meetings act, chapter 46 of title 42 of the general laws.

     SECTION 6. The trust shall have the responsibility to recommend to the town council to:

     (a) Purchase, receive by gift, or otherwise acquire fee simple or lesser interests in real

property, including development rights as defined in section 42-82-2 of the general laws, or any

interest in real property consistent with purposes of this act, including other development rights

on easements of any kind whatsoever;

      (b) Accept gifts, grants or loans of funds or resources or services from any source, public

or private, and comply, subject to the provisions of this act, with any terms and conditions thereof

within the limits of its available funds;

     (c) Accept from state and/or federal agencies, loans or grants or resources for use in

carrying out the trust's purposes and enter into agreements with such agencies respecting any such

loans or grants within the limits of its available funds;

     (d) Employ counsel, auditors, engineers, surveyors, appraisers, private consultants,

advisors, secretaries or other personnel needed to perform its duties within the limits of its

available funds;

     (e) Administer and manage land and interests in land held by it in a manner which allows

public use and enjoyment consistent with the natural and scenic resources thereof, including

conveyance of any such land or interests in land to, and contracts with, nonprofit organizations,

provided such land shall continue to be used in a manner consistent with the purposes of this act

and with the terms of any grant or devise by which such land was acquired by the trust;

     (f) Dispose of all or any portion of its real property or interests therein held by it,

whenever in the opinion of the trustees said lands or properties have become unsuitable or have

ceased to be used for the purpose set forth in this act. Such disposition shall be made only by a

vote of the trustees in which at least four (4) members vote in favor of such a disposition and

further only after having been approved by a two thirds (2/3) vote at an annual or special financial

town meeting of the town. Nothing in this subsection shall be construed to authorize the sale,

lease or conveyance of lands or improvements held by the trust as part of a charitable trust or

acquired by gift or devise for the public use, whether or not such gift or devise is subject to a

condition subsequent or reverter;

     (g) Otherwise do all things necessary for the performance of its duties, the fulfillment of

its obligation and the conduct of its business.

     SECTION 7. All funds collected by virtue of the town's bonding authority for the purpose

of financing the activities of the trust under this act shall be deposited in a reserve fund by the

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town treasurer. Additional moneys or other liquid assets received as voluntary contributions,

grants or loans, funds appropriated to the trust by vote of the annual town meeting or special

appropriation process, or proceeds from disposal of real property or interests shall be deposited

into said account. All operating expenses lawfully incurred by the trust in carrying out the

provisions of this act shall be evidenced by proper vouchers and shall be paid by the treasurer of

the town only upon submission of invoices approved by the trust and by the town manager. The

treasurer of the town shall prudently invest available assets of the funds, and all income thereon

shall accrue to the fund.

     The decision to dissolve the trust shall only result after a vote of the trustees in which at

least four (4) members vote to recommend dissolution of the trust to the town council. The town

council shall then hold a public hearing on the recommendation to dissolve. At the conclusion of

the public hearing the town council shall vote on the matter within forty five (45) days of said

hearing. Dissolution shall require three (3) affirmative votes of the town council.

     Upon termination or dissolution of the trust, the title of all funds and other properties

owned by the trust which remain after payment or making provision for payment of all bonds,

notes and other obligations of the trust shall vest in the town which shall manage the lands of the

dissolved trust in the same manner for which such lands were donated or purchased in the best

interest of the purposes of the dissolved trust. If in the opinion of the town council said land of the

dissolved trust no longer meet the purposes set forth in this act, the town may dispose of said

lands upon a two thirds (2/3) affirmative vote at an annual or special financial town meeting of

the town.

     SECTION 8. The trust and all its revenues, income, and real and personal property used

by the trust for furtherance of its public purposes, shall be exempt from taxation and special

assessments, and the trust shall not be required to pay any tax, excise or assessment to the state or

any of its political subdivisions.

     SECTION 9. Nothing in this act shall effect the eligibility of the town to receive funds

under chapter 4 of title 32 of the general laws or any other applicable state land acquisition

program.

     SECTION 10. Severability. The provisions of this act and any ordinance thereunder are

severable, and if any provision thereof shall be held invalid in any circumstances such invalidity

shall not affect any other provisions or circumstances. This act and any ordinance thereunder

shall be construed in all respects so as to meet all constitutional requirements. In carrying out the

purposes and provisions of this act and any ordinance thereunder, all steps shall be taken which

are necessary to meet constitutional requirements whether or not such steps are required by

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statute.

     SECTION 2. There are hereby transferred to the town council of the town of Smithfield

all functions formerly performed or administered by the Smithfield Land Trust and all grants or

funds, received or held by the Smithfield Land Trust.

     SECTION 3. Upon passage of this act, the Smithfield Land Trust shall transfer to the

town of Smithfield any and all interest it may have in any real or personal property.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO THE SMITHFIELD LAND TRUST

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     This act would disband the Smithfield Land Trust and would transfer all function and real

estate held by the Smithfield Land Trust to the town of Smithfield and Smithfield town council.

     This act would take effect upon passage.

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