council docket 11-17-2014

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    The City of WarwickDocket of the City Council

    Regular Public Hearing MeetingFor

    November 17, 2014@

    Council ChambersWarwick City Hall3275 Post Road

    Warwick, RI 02886@ 7:00 P.M.

    Donna Travis, President

    Roll Call:Time:Salute To The Flag:

    Executive Communications

    1. General Communications -

    Public Hearings

    RULE 41. After the General Communications and prior to the ConsentCalendar at each City Council Public Hearing meeting there shall be a fifteenminute period during which citizens may comment about Warwick city gov-ernment issues subject to the following stipulations:a) The total period of time for public comment shall be 15 minutes. Com-

    ments need to be brief in order to allow as many citizens as possible to

    participate.b) The topics for comment shall be issues directly affecting City government.c) City Council members will not respond to questions during the public

    comment period.d) The public comment session will terminate at the expiration of 15 minutes.

    Waiver of this provision requires unanimous consent.

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    1. Announcement of Appointments

    Sewer Review Commission

    Richard H. Kuehl Expires: 11-1-201515 Shady Oak RoadWarwick, RI 02888 Ward 1

    (Citizen-Sponsor Appt)

    Library Board of Trustees

    Gerald M. Carbone Expires: 12-1-201721 Balcom AvenueWarwick, RI 02889 Ward 5

    (Re-appointment)

    Jean S. Martin Expires: 12-1-2017261 Capron Farm DriveWarwick, RI 02886 Ward 7

    (Re-appointment)

    2. Appointments Requiring ConfirmationNone

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    3. Consent Calendar

    1. PCR-136-14 Resolution Relative to Bids(Councilwoman Vella-Wilkinson

    Committee Report: (Finance)

    Action:Moved by:Seconded by:

    Consent calendar vote:

    UNFINISHED BUSINESS

    1. PCO-5-14 Ordinance regarding interest charges on taxes(Councilman Ladouceur)

    FIRST PASSAGE

    Committee Report: (Finance):

    Action:Moved by:Seconded by:Vote:

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    2. PCO-24-14 Tax payments (Councilman Ladouceur)

    Committee Report: (Finance)

    FIRST PASSAGENot Drafted

    3. PCO-31-14 Littering Ordinance(Councilman Colantuono, Council President Travis on behalf of Mayor Avedisian)

    Committee Report: (Ordinance)

    FIRST PASSAGE

    Action:Moved by:Seconded by:

    Vote:

    4. PCR-97-14 Resolution Establishing a Warwick Heritage Institute(Councilman Donovan)

    Committee Report: (Intergovernmental)

    Not Drafted

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    5. PCR-109-14 Resolution in regards to the Confirmation of the City CouncilAuditor Unanimous Consent (Council President Travis)

    Committee Report: (Intergovernmental)

    Action:Moved by:Seconded by:Vote:

    6. PCR-131-14 Resolution Requesting Former Councilman Cushman to Presenthis Pension Figures and Calculations to the City Council(Councilman Merolla)

    Committee Report: (Intergovernmental)

    Action:Moved by:Seconded by:Vote

    7. PCR-135-14 Bid 2015-161 Revaluation Services for the City of Warwick(Councilwoman Vella Wilkinson)

    Committee Report: (Finance):

    Action:Moved by:Seconded by:Vote:

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    NEW BUSINESS

    None

    Unanimous Consent for November 17, 2014

    Motion to Adjourn:Time:

    Next PCO-32-14PCR-138-14

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    Finance Committee AgendaFor

    November 17, 2014@ 5:00 PM

    Warwick City Hall3275 Post Road

    Warwick, RI 02886

    Chair Person: Councilwoman Vella-WilkinsonMember: Councilman ChadronetMember: Councilman Colantuono

    Time Started:Time Ended:

    1. PCR-136-14 Resolution Relative to Bids(Councilwoman Vella-Wilkinson)

    Committee Report: (Finance):

    Action:Moved by:Seconded by:Vote:

    2. PCO-5-14 Ordinance regarding interest charges on taxes(Councilman Ladouceur)

    FIRST PASSAGE

    Committee Report: (Finance):

    Action:Moved by:Seconded by:Vote:

    3. PCO-24-14 Tax payments (Councilman Ladouceur)

    Committee Report: (Finance)

    FIRST PASSAGENot Drafted

    Action:Moved by:Seconded by:Vote:

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    4. PCR-135-14 Bid 2015-161 Revaluation Services for the City of Warwick(Councilwoman Vella Wilkinson)

    Committee Report: (Finance):

    Action:Moved by:Seconded by:Vote:

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    Intergovernmental Committee AgendaFor

    November 17, 2014@ 6:20 PM

    Warwick City Hall3275 Post Road

    Warwick, RI 02886

    Chair Person: Councilman ColantuonoMember: Councilman LadouceurMember: Councilman Chadronet

    Time Started:Time Ended:

    1. PCR-97-14 Resolution Establishing a Warwick Heritage Institute(Councilman Donovan)

    Committee Report: (Intergovernmental)

    Not Drafted

    Action:Moved by:Seconded by:Vote:

    2. PCR-109-14 Resolution in regards to the Confirmation of the City CouncilAuditorUnanimous Consent (Council President Travis)

    Committee Report: Intergovernmental

    Action:Moved by:Seconded by:Vote:

    3. PCR-131-14 Resolution Requesting Former Councilman Cushman toPresent his Pension Figures and Calculations to the City Council

    (Councilman Merolla)

    Committee Report: (Intergovernmental)

    Action:Moved by:Seconded by:Vote:

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    Ordinance Committee AgendaFor

    November 17, 2014@ 6:00 PM

    Warwick City Hall3275 Post Road

    Warwick, RI 02886

    Chair Person: Councilman GallucciMember: Councilman ColantuonoMember: Councilman Ladouceur

    Time Started:Time Ended:

    1. PCO-31-14 Littering Ordinance(Councilman Colantuono, Council President Travis on behalf of MayorAvedisian)

    Committee Report: Ordinance

    FIRST PASSAGE

    Action:Moved by:Seconded by:Vote:

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    CONSENT CALENDARBIDS FOR

    November 17, 2014PCR-136-14

    BID:

    1. 2013-215 State of RI Janitorial ProductsCOMMITTEE REPORT (FINANCE):

    ACTION:

    MOVED BY:

    SECONDED BY:

    VOTE:

    2. 2014-151 Full Service Advertising & Design ServicesCOMMITTEE REPORT (FINANCE):

    ACTION:

    MOVED BY:

    SECONDED BY:

    VOTE:

    3. 2014-159 Purchase 6-Wheel Dup Truck w/Plow

    COMMITTEE REPORT (FINANCE):

    ACTION:

    MOVED BY:

    SECONDED BY:

    VOTE:

    4. 2015-124 Fire Sprinkler Systems Inspections & RepairsCOMMITTEE REPORT (FINANCE):

    ACTION:

    MOVED BY:

    SECONDED BY:

    VOTE:

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    5. 2015-127 Annual Bituminous Concrete & Portland Cement As Needed Repair Swervices for Sidewalks &RoadwaysCOMMITTEE REPORT (FINANCE):

    ACTION:

    MOVED BY:

    SECONDED BY:

    VOTE:

    6. 2015-159 Triple Combination Pumper (Re-bid)COMMITTEE REPORT (FINANCE):

    ACTION:

    MOVED BY:

    SECONDED BY:

    VOTE:

    7. 2015-163 Mystaire CA-3000 Bench-Top Cyanoacrylate ChamberCOMMITTEE REPORT (FINANCE):

    ACTION:

    MOVED BY:

    SECONDED BY:

    VOTE:

    8. 2015-166 Purchase & Deliver Various Fitness EquipmentCOMMITTEE REPORT (FINANCE):

    ACTION:

    MOVED BY:

    SECONDED BY:

    VOTE:

    9. 2015-172 Speakers at Station 4

    COMMITTEE REPORT (FINANCE):

    ACTION:

    MOVED BY:

    SECONDED BY:

    VOTE:

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    10. 2015-173 Mobile Data Equipment & Installation Rugged Panasonic EquipmentCOMMITTEE REPORT (FINANCE):

    ACTION:

    MOVED BY:

    SECONDED BY:

    VOTE:

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    PCO- 5 -14

    THE CITY OF WARWICKSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

    CHAPTER 74TAXATION

    ARTICLE I. IN GENERAL

    No..................................... Date.................................

    Approved............................................................................Mayor

    Be it ordained by the City of Warwick:

    Section I. Chapter 2 Article I of the Code of Ordinances of the City of Warwick is hereby1

    amended to add the following:2

    3

    Sec. 74-4. Calculation of interest on overdue tax payments.4

    5

    Pursuant to Rhode Island General Laws 44-5-8 (b), commencing with fiscal year 2015 in the6

    case of failure of a taxpayer to pay the first installment or any succeeding installment by the last date7

    of the respective installment period, the tax collector shall require immediate payment of only that8

    late installment, and impose an interest charge only on that late installment.9

    10

    11

    12

    Section II. This Ordinance shall take effect upon passage and publication as prescribed by law.13

    SPONSORED BY: COUNCILMAN LADOUCEUR

    COMMITTEE: FINANCE

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    PCO-31-141

    THE CITY OF WARWICK2STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS3

    4

    CHAPTER 405

    MISCELLANEOUS PROVISIONS AND OFFENSES6

    7

    No..................................... Date.................................89

    Approved............................................................................Mayor1011

    Be it ordained by the City of Warwick:1213

    Section I. Chapter 40 of the Code of Ordinances of the City of Warwick is hereby amended to14add the following:15

    16

    Sec. 40-32 Littering.17

    18

    No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property19or private property not owned by him or her located in the City of Warwick (City) or in the waters20of this state or upon private property in this City owned by him or her except:21

    22

    (1) When the property is designated by the state, any of its agencies or the City for the disposal of23solid waste or litter, and the person is authorized to use the property for that purpose; or24

    25

    (2) Into a litter receptacle in a manner that the litter will be prevented from being carried away by26the elements.27

    28

    For the purpose of this ordinance provision, the term "Litter" means garbage, trash, waste, rubbish,29ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of30an unsightly or unsanitary nature thrown, dropped, discarded, placed, or deposited by a person on31public property, on private property not owned by the person, or in or on waters of the state, unless32the person has:33

    34

    (i) Been directed to do so by a public official as part of a litter collection drive;3536

    (ii) Discarded, thrown, dropped, placed, or discarded the material in a litter receptacle in a manner37that prevented the material from being carried away by the elements; or38

    39

    (iii) Been issued a license or permit covering the material pursuant to Chapters 18.9 and 19.1 of40Title 23 of the General Laws.41

    42

    Any person convicted of a first violation of this ordinance provision shall, except where a penalty is43specifically set forth, be subject to a fine of not less than eighty-five dollars ($85.00) nor more than44five hundred dollars ($500). In addition to or in lieu of the fine imposed hereunder, the person so45

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    convicted may be ordered to pick up litter for not less than two (2), nor more than twenty-five (25)1hours.2

    (b) Any person convicted of a second or subsequent violation of this ordinance provision shall,3except where a penalty is specifically set forth, be subject to a fine of not less than three hundred4dollars ($300) nor more than five hundred dollars ($500). In addition to or in lieu of the fine imposed5upon a second or subsequent violation of this ordinance provision, the person so convicted may be6ordered to pick up litter for not less than four (4), nor more than fifty (50) hours.7

    (c) Jurisdiction to punish violators of the provisions of this ordinance provision is conferred on the8Warwick Municipal Court.9

    (d) Any person convicted of a violation of this ordinance provision shall, in addition to all other10penalties, be liable for the removal or cost of removal of all litter illegally disposed of by that person.11

    (e) The funds received by the Warwick Municipal Court or City official for violations of this12ordinance provision shall be deposited as general revenues in the Warwick Municipal budget.13

    14

    Section II. This Ordinance shall take effect upon passage and publication as prescribed by law.1516

    SPONSORED BY: COUNCIL PRESIDENT TRAVIS17And COUNCILMAN COLANTUONO18On Behalf of MAYOR AVEDISIAN19

    20

    COMMITTEE: ORDINANCE2122

    23

    24

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    PCR-109-141

    THE CITY OF WARWICK2STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS3

    4

    RESOLUTION OF THE CITY COUNCIL56

    NO................................. DATE......................................7

    8

    APPROVED....................................................................MAYOR 9

    10

    RESOLUTION CONFIRMING THE APPOINTMENT11

    OF THE CITY COUNCIL AUDITOR12

    13

    Resolved that,1415

    WHEREAS, the health, safety and welfare of the citizens of the City of Warwick are16

    matters of paramount importance to the City Council; and17

    18

    WHEREAS, a person was hired into the position of City Council Auditor prior to the19

    adoption of the Fiscal Year 2015 City Budget; and2021

    WHEREAS, the Fiscal Year 2015 City Budget that was approved by the City Council22contained funding for the City Council Auditor position that was staffed by the person hired prior to23

    the adoption of the Fiscal Year 2015 City Budget; and2425

    WHEREAS, Sec 2-9 of the Code of Ordinances provides that The internal auditor shall be26an employee of the city and appointed by a majority of the city council.; and27

    28

    WHEREAS, procedural questions have arisen about the City Council approval of the29

    appointment of Catherine K. Avila as the City Council Auditor; and3031

    WHEREAS, the City Council desires to confirm the appointment of Catherine K. Avila as32the City Council Auditor.33

    34

    NOW THEREFORE, BE IT RESOLVED that the City Council confirms the appointment of35

    Catherine K. Avila as the City Council Auditor36

    37The City Clerk is hereby directed to forward a copy of this Resolution to the City Council38

    Auditor and all Department Directors.39

    40

    This Resolution shall take effect upon passage.41

    42

    43

    SPONSORED BY: COUNCIL PRESIDENT TRAVIS44

    45

    COMMITTEE: INTERGOVERMENTAL46

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    PCR-131-14

    THE CITY OF WARWICKSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

    RESOLUTION OF THE CITY COUNCIL

    NO.................................... DATE..................................

    APPROVED...............................................................................MAYOR

    RESOLUTION REQUESTING FORMER COUNCILMAN CUSHMAN TO PRESENTHIS FIGURES AND INFORMATION ABOUT THE CITY OF WARWICK PENSIONS

    TO THE CITY COUNCIL AT ITS MEETING ON DECEMBER 15, 2014

    Resolved that,

    WHEREAS, the health, safety and welfare of the citizens of the City of Warwick arematters of paramount importance to the City Council; and

    WHEREAS, former Councilman Cushman has compiled figures and calculations aboutthe City of Warwick Pension Plans; and

    WHEREAS, the City Council desires to hear from former Councilman Cushman aboutthe information he has compiled; and

    WHEREAS, the City Council desires to schedule the presentation by former Councilman

    Cushman at the City Council meeting scheduled for December 15, 2014.

    NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby requests formerCouncilman Cushman to make a presentation to the City Council at its meeting scheduled forDecember 15, 2014 about the information he has compiled about the City of Warwick PensionPlans

    The City Clerk is hereby directed to forward a copy of this Resolution to formerCouncilman Cushman.

    This Resolution shall take effect upon passage.

    SPONSORED BY: COUNCILMAN MEROLLA

    COMMITTEE: INTERGOVERMENTAL

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    PCR-136-14

    CITY OF WARWICK

    STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

    RESOLUTION OF THE CITY COUNCIL

    NO: ______________________

    APPROVED: ________________________________________________MAYOR

    DATE: ________________________________________

    RESOLVED, That The City Council of the City of Warwick as required by the provisions of

    Sections 6-11 and 6-12 of the City Charter and the Ordinance relative to competitive bidding on

    purchase enacted there under hereby and herewith approves the acceptance of the following

    bid(s):

    Bid# Name Vendor(s)Name/Address ContractPeriod ContractAward NoteCode

    2013-

    215

    State of RIJanitorial Products

    Various

    Vendors

    10/1/14-

    9/30/15

    No Monies

    Requested1

    6-

    12

    2014-

    151

    Full Service Advertising &Design Services

    Artinium Design, Inc.

    Five Division St.Warwick, RI 02818

    2/1/15-

    1/31/16

    No Monies

    Requested2

    6-

    12

    2014-

    159

    Purchase 6-Wheel Dump Truckw/Plow

    Altrui Bros. Truck Sales

    1100 Warden Ave.E. Providence, RI 02914

    $252,650.00 36-

    12

    2015-

    124

    Fire Sprinkler SystemsInspections & Repairs

    Clarion Fire Protection

    84 Lincoln StreetBrighton MA 02135

    11/26/14-

    11/25/15$10,000.00

    (continued next page)

    - -

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    Bid

    # Name

    Vendor(s)

    Name/Address

    Contract

    Period

    Contract

    Award NoteCode

    2015-

    127

    Annual Bituminous Concrete& Portland Cement As

    Needed Repair Services forSidewalks & Roadways

    International

    Paving Corp.

    25 Concord StreetPawtucket, RI 02860

    12/23/14-

    12/22/15$50,000.00

    2015-

    159

    Triple CombinationPumper (Re-bid)

    Pierce Mfg., Inc.

    2600 American Dr.Appleton, WI 54914

    $444,747.004

    2015-

    163

    Mystaire CA-3000Bench-Top

    Cyanoacrylate Chamber

    Mystaire, Inc.

    2179 E. LyonStation Rd.

    Creedmoor, NC 27522

    1 year fromdate ofaward

    $10,000.00

    2015-

    166

    Purchase & DeliverVarious Fitness Equipment

    Life Fitness

    a Division of

    Brunswick Corp.

    9525 Bryn Mawr Ave.Rosemont, IL 60018

    $11,121.58

    2015-

    172

    Speakers atStation 4

    Competitive

    Communications

    23 Casey LaneCoventry, RI 02816

    $3,125.3056-6

    2015-

    173

    Mobile Data Equipment &Installation Rugged Panasonic

    Equipment

    Haywood

    Associates, Inc.

    d/b/a TransCOR Info

    Technologies

    124 Jewett St.Georgetown, MA 01833

    $3,345.58 556-

    10

    (continued next page)

    PCR-136-14

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    AND BE IT FURTHER RESOLVED, That such purchase or contract be awarded to the lowest

    responsible bidder.

    Request permission to extend PCR-132-14 (Amended) from October 1, 2014 throughSeptember 30, 2015. MPA #352.Request permission to extend PCR-136-13 (Amended/Sub A) from February 1, 2015through January 31, 2016.Request permission to increase PCR-36-13 (Amended/Sub A) from $126,325.00 to$378,975.00. BE IT FURTHER RESOLVED, THAT this Resolution is an affirmativeaction of the City Council of the City toward the execution and delivery of the LeasePurchase Financing Documents in accordance with the purposes of the laws of the State.This Resolution constitutes the Citys declaration of official intent, pursuant to TreasuryRegulation 1.150(2), to reimburse the City for certain expenditures paid on or after thedate of which is sixty (60) days prior to the date of this Resolution, but prior to theexecution and delivery of the Lease Purchase Financing Documents. Such amounts to bereimbursed shall not exceed $252,650.00 and shall be reimbursed not later than eighteen

    (18) months after (a) the date on which the expenditure is paid or (b) the date the propertyis placed in service or abandoned, but in no event later than three (3) years after the datethe expenditure is paid.BE IT FURTHER RESOLVED, THAT this Resolution is an affirmative action of theCity Council of the City toward the execution and delivery of the Lease PurchaseFinancing Documents in accordance with the purposes of the laws of the State. ThisResolution constitutes the Citys declaration of official intent, pursuant to TreasuryRegulation 1.150(2), to reimburse the City for certain expenditures paid on or after thedate of which is sixty (60) days prior to the date of this Resolution, but prior to theexecution and delivery of the Lease Purchase Financing Documents. Such amounts to bereimbursed shall not exceed $444,747.00 and shall be reimbursed not later than eighteen(18) months after (a) the date on which the expenditure is paid or (b) the date the property

    is placed in service or abandoned, but in no event later than three (3) years after the datethe expenditure is paid.Request permission to piggyback MPA #408.

    THIS RESOLUTION SHALL TAKE EFFECT UPON ITS PASSAGE

    1.

    2.

    3.

    4.

    5.