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Feb. 9 Warwick RI City Council Docket

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    Finance Committee AgendaFor

    February 9, 2015@ 5:00 PM

    Warwick City Hall3275 Post Road

    Warwick, RI 02886

    Amended 1-29-2015

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

    Time Started:Time Ended:

    1. PCR-23-15 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. PCR-19-15 Tax Moratorium on New Construction (Councilman Ladouceur)

    Committee Report: Finance

     Action:Moved by:Seconded by:Vote:

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    4. PCR-22-15 Bond Refunding (Councilwoman Vella-Wilkinson)

    Committee Report: Finance

     Action:Moved by:Seconded by:Vote:

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     Ordinance Committee Agenda

    ForFebruary 9, 2015

    @ 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-28-14 Food Truck Permitting and Operation in the City ofWarwick (Councilwoman Vella-Wilkinson)

    Committee Report: (Ordinance)

    FIRST PASSAGE

    Not Drafted

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    Public Safety Committee AgendaFebruary 9, 2015

    @ 6:10 PM

    Warwick City Hall3275 Post Road

    Warwick, RI 02886

    Chair Person: Councilman GallucciMember: Councilwoman UslerMember: Councilman Colantuono

    Time Started:Time Ended:

    RECONSIDERATIONS

    1. PCR-17-15 Claim MAPRE Insurance a/s/o Bonnie Zavalia(Councilman Gallucci)

    Committee Report: (Public Safety):

     Action to reconsider:Moved by:Seconded by:Vote:

     Action:Moved by:Seconded by:Vote:

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     Appointments Committee Agenda

    ForFebruary 9, 2015

    @ 6:30 PM

    Warwick City Hall3275 Post Road

    Warwick, RI 02886

    Chair Person: Councilwoman UslerMember: Councilman LadouceurMember: Councilman Colantuono

    Time Started:Time Ended:

    1. Appointments Requiring Confirmation  – 

    Board of Assessment of Review

    1. Thomas O. Sweeney19 Mayfair RoadWarwick, RI 02888 Expires: Jan 1, 2018

    (Re-appointment) Ward 1

     Action:Moved by:

    Seconded by:Vote:

    Historic Cemeteries Commission

    1. Jane Winton102 Union AvenueWarwick, RI 02888 Expires : Jan 1. 2016

    Re-appointment Ward 6

     Action:Moved by:

    Seconded by:Vote:

    Wildlife and Conservation Commission

    1. Joseph Bucci693 Commonwealth AveWarwick, RI 02886 Expires: Jan 1. 2018

    (Re-appointment) Ward 8

     Action:Moved by:

    Seconded by:Vote:

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    Public Properties, Land Use Committee and Community AffairsFebruary 9, 2015

    @ 6:40 PM

    Warwick City Hall3275 Post Road

    Warwick, RI 02886

    Chair Person: Councilman ColantuonoMember: Councilman ChadronetMember: Councilman Solomon

    Time Started:Time Ended:

    1. PCR-21-15 West Bay Community Action  – Facilities Use AgreementBarton Farm  (Councilman Gallucci, Councilman Colantuono)

    Committee Report: Public Properties

     Action:Moved by:Seconded by:Vote:

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    The City of WarwickDocket of the City Council

    Regular Public Hearing MeetingFor

    February 9, 2015@

    Council ChambersWarwick City Hall

    3275 Post RoadWarwick, RI 02886

    @ 7:00 P.M.

    Donna Travis, President

    Roll Call:Time:Salute To The Flag:

    Executive Communications

    1. General Communications -

    Public Comment

    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 toparticipate.

    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. 

    1. Announcement of Appointments  – 

    Planning Board

    1. Chelsea Siefert154 Julian RoadWarwick, RI 02889 Expires: January 2020

    (Vice- John Mulhearn (Resigned) Ward 3

    Personnel Hearing Board

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    1. Robert Carberry, Jr.113 Brentwood AveWarwick, RI 02886 Expires: January 2021

    (Minority Appointment) Ward 3

    2. Joseph M. Almonte170 Kirby AvenueWarwick, RI 02889 Expires: January 2021

    (Vice  – Scott Seaback) Ward 5

    2. Appointments Requiring Confirmation  – 

    Board of Assessment of Review

    1. Thomas O. Sweeney19 Mayfair RoadWarwick, RI 02888 Expires: Jan 1, 2018

    (Re-appointment) Ward 1

     Action:Moved by:Seconded by:Vote:

    Historic Cemeteries Commission

    1. Jane Winton102 Union AvenueWarwick, RI 02888 Expires : Jan 1. 2016

    Re-appointment Ward 6

     Action:Moved by:Seconded by:Vote:

    Wildlife and Conservation Commission

    1. Joseph Bucci693 Commonwealth AveWarwick, RI 02886 Expires: Jan 1. 2018

    (Re-appointment) Ward 8

     Action:Moved by:Seconded by:Vote:

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    1. Consent Calendar  – 

    1. PCR-23-15 Resolution Relative to Bids(Councilwoman Vella-Wilkinson) 

    Committee Report: (Finance)

     Action:Moved by:Seconded by:

    Consent calendar vote:

    RECONSIDERATIONS

    1. PCR-17-15 Claim MAPRE Insurance a/s/o Bonnie Zavalia(Councilman Gallucci)

    Committee Report: (Public Safety):

     Action to reconsider:Moved by:Seconded by:Vote:

     Action:

    Moved by:Seconded by: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-28-14 Food Truck Permitting and Operation in the City of Warwick(Councilwoman Vella-Wilkinson)

    Committee Report: (Ordinance)

    FIRST PASSAGE

    Not Drafted

    3. PCR-19-15 Tax Moratorium on New Construction (Councilman Ladou-ceur)

    Committee Report: Finance

     Action:Moved by:Seconded by:Vote:

    4. PCR-21-15 West Bay Community Action  – Facilities Use Agreement Bar-ton Farm  (Councilman Gallucci, Councilman Colantuono)

    Committee Report: Public Properties

     Action:Moved by:Seconded by:Vote:

    NEW BUSINESS

    1. PCR-22-15 Bond Refunding (Councilwoman Vella-Wilkinson)

    Committee Report: Finance

     Action:Moved by:Seconded by:Vote:

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    Unanimous Consent for February 9, 2015

    Motion to Adjourn:

    Time:  

    Next: PCO-09-15PCR-24-15

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    CONSENT CALENDARBIDS FOR

    February 9, 2015

    PCR-23-15

    BID:

    1. 2014-242 Crime Scene and Evidence Processing Supplies COMMITTEE REPORT (FINANCE):

     ACTION:

    MOVED BY:

    SECONDED BY:

    VOTE:

    2. 2015-215 City of Warwick (District 6) Gasoline, Low Sulfur Diesel and Ultra Low Sulfur Diesel FuelCOMMITTEE REPORT (FINANCE):

     ACTION:

    MOVED BY:

    SECONDED BY:

    VOTE:

    3. 2015-223 Health Insurance Consultant (Re-Bid) COMMITTEE REPORT (FINANCE):

     ACTION:

    MOVED BY:

    SECONDED BY:

    VOTE:

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    PCO- 5 -14

     THE CITY OF WARWICK 

     STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

     

    CHAPTER 74

    TAXATION

     

    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 herebyamended to add the following: Sec. 74-4. Calculation of interest on overdue tax payments.

     

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

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

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

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

     

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

    SPONSORED BY:   COUNCILMAN LADOUCEUR  

    COMMITTEE:   FINANCE 

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    PCR-21-15

     

    THE CITY OF WARWICK

     

    STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS 

    RESOLUTION OF THE CITY COUNCIL 

    NO................................. 

    DATE......................................

     

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

     

    RESOLUTION AUTHORIZING AFACILITIES USE AGREEMENT WITH WEST BAY

    COMMUNITY ACTION TO USE A PORTION OF BARTON FARM

     

    Resolved that, 

     

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

    matters of paramount importance to the City Council; and

     

    WHEREAS, the City of Warwick is the owner of that certain parcel of real estate

    designated as Assessor’s Plat 251, Lot 179, commonly known as Barton Farm; and

     

    WHEREAS, West Bay Community Action is presently operating a farming operation for

    the purpose of growing fresh produce for clients of West Bay Community Action who are low

    income residents of Warwick and to stock a farmer’s market located at 224 Buttonwoods

    Avenue; and

     

    WHEREAS, the farming at Barton Farm was previously approved by the Warwick City

    Council; and

     

    WHEREAS, West Bay Community Action desires to enter into a revised Facilities Use

    Agreement with the City of Warwick for a term of 20 years in the form attached hereto.

     

    NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves entering

    into a revised Facilities Use Agreement with West Bay Community Action to use a portion of 

    Assessor’s Plat 251, Lot 179, commonly known as Barton Farm, as described in the Agreement

    and on the map attached hereto under the Facilities Use Agreement in the form attached hereto.

    The Mayor is authorized to execute said Agreement and other documents necessary to effectuate

    the Agreement.

     

    The City Clerk is hereby directed to forward a copy of this Resolution to the Mayor, the

    Finance Director and the Director of the Planning Department.

     

    This Resolution shall take effect upon passage.

     

    SPONSORED BY:   COUNCILMAN COLANTUONO

     COUNCILMAN GALLUCCI

     

    COMMITTEE:   PUBLIC PROPERTIES

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    PCR-22-15THE CITY OF WARWICK

     STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

     

    RESOLUTION OF THE CITY COUNCIL 

    No.!!!!. Date . . . . . . . . . . . . . . . . 

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

    RESOLUTION AUTHORIZING THE ISSUANCE

    OF GENERAL OBLIGATION REFUNDING BONDS

     

    WHEREAS, the City of Warwick (the "City") has previously issued its $13,500,000 General

    Obligation Bonds dated June 15, 2003 (the "2003 Bonds"), its $12,500,000 General Obligation Bonds

    dated August 15, 2004 (the "2004 Bonds") and its $17,500,000 General Obligation Bonds dated January

    15, 2006 (the "2006 Bonds" and collectively, the "Prior Bonds"); and

     WHEREAS, the City desires to issue general obligation refunding bonds (the "Refunding

    Bonds") to refund all or any part of the Prior Bonds in order to take advantage of the lower interest rateswhich currently are prevailing;

     WHEREAS, the City intends to issue the refunding bonds provided the present value savings is at

    least equal to 3%; and

     WHEREAS, the City desires to avoid purposely structuring for upfront savings which generates

    near-term savings at the expense of generating savings in later years; and

     WHEREAS, the 2003 Bonds, 2004 Bonds and 2006 Bonds have uneven debt service structures,

    with principal payments, interest payments and final maturities occurring on different dates; and

     WHEREAS, a uniform (proportional) savings structure where the Refunding Bonds are structured

    as uniformly as possible with the structure of the Prior Bonds achieves a significantly greater aggregate

    amount of savings than a level savings structure which would require the principal amortization of the

    Refunding Bonds to be accelerated during the first fiscal year; and

     WHEREAS, articles in the financial press report that interest rates are likely to increase in 2015;

    and

    WHEREAS, the City Council desires to revoke the authorization for bond refunding in the

    Resolution designated as PCR-127-14.

      NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Warwick, Rhode

    Island that:

     

    SECTION 1. Pursuant to Rhode Island General Laws Section 45-12-5.2 and subject tothe conditions listed herein, the City is authorized to issue Refunding Bonds of the City in an amount

    necessary to refund all or a portion of the Prior Bonds and to provide for any principal of, redemption

     premium, and interest on the Prior Bonds coming due on or prior to the date on which the Prior Bonds are

    to be redeemed, and costs of issuance of the Refunding Bonds. Such authorization is contingent upon

    obtaining a net present value savings of at least 3% and use of a uniform (proportional) savings structure.

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    the conditions listed herein, the City is authorized to issue Refunding Bonds of the City in an amount

    necessary to refund all or a portion of the Prior Bonds and to provide for any principal of, redemption

     premium, and interest on the Prior Bonds coming due on or prior to the date on which the Prior Bonds are

    to be redeemed, and costs of issuance of the Refunding Bonds. Such authorization is contingent upon

    obtaining a net present value savings of at least 3% and use of a uniform (proportional) savings structure.

     The Director of Finance shall furnish the City Council with a post-issuance written report which includes

    the following items (a) – (g) below, but the validity of the Refunding Bonds issued hereunder shall in no

    way depend upon the rendering of the report or the contents of the report:

     

    A schedule setting forth the issuance costs for the Refunding Bonds and interest ratesat which the Refunding Bonds have been issued;

    The Official Statement distributed to investors;

    A schedule showing the maturity dates, call dates and call premiums, if any, of the

    Refunding Bonds;

    A schedule showing that the debt service savings is proportional to debt service due

    in each fiscal year;

    A comparison of the payment schedules of each series of the Prior Bonds refunded,

    as well as in the aggregate, showing both principal and interest payment dates for the

    Prior Bonds and the Refunding Bonds;

    A schedule showing the refunding escrow structure and efficiency;

    A schedule including the repayment schedules of the Refunded Bonds and the

    Refunding Bonds together with other outstanding debt of the City showing that the

    Refunding Bonds will not adversely impact the City’s debt management, and/or placeundue strain on the projected annual debt service, including current general

    obligation debt obligations and authorized general obligation debt not yet issued.

     SECTION 2. The issuance of the Refunding Bonds will result in a financial benefit to

    the City by reason of the net present value savings.

     SECTION 3. The manner of sale, amount, denominations, maturities, conversion or 

    registration privileges, interest rates, medium of payment, and other terms, conditions and details of the

    Refunding Bonds authorized herein may be fixed by the officers authorized to sign the Refunding Bonds,

     provided that the final maturity of the Refunding Bonds shall not be later than the final maturity of the

    2006 Bonds.

     SECTION 4. The City Council hereby authorizes the City Treasurer and the Mayor 

    acting on behalf of the City, to issue the Refunding Bonds for the purposes set forth in this Resolution and

    to take all actions as they deem necessary to effect the issuance of the Refunding Bonds. The Refunding

    Bonds shall be issued by the City under its corporate name and seal or facsimile of such seal. The

    Refunding Bonds shall be signed by the manual or facsimile signature of the City Treasurer and the

    Mayor.

     SECTION 5. The City Treasurer and the Mayor are hereby authorized to issue the

    Refunding Bonds and deliver them to the purchaser and said officers are hereby authorized and instructed

    to take all actions, on behalf of the City, necessary to ensure that interest on the Refunding Bonds will be

    excludable from gross income from federal income tax purposes and to refrain from all actions which

    would cause interest on the Refunding Bonds to become subject to federal income taxes.

     SECTION 6. The City Treasurer and the Mayor are authorized to take all actions

    necessary to comply with federal tax and securities laws including Rule 15c2-12 of the Securities and

    Exchange Commission (the "Rule") and to execute and deliver a Continuing Disclosure Certificate in

    connection with the Refunding Bonds in the form as shall be deemed advisable by the City Treasurer and

    the Mayor in order to comply with the Rule. The City hereby covenants and agrees that it will comply

    with and carry out all of the provisions of the Continuing Disclosure Certificate, as it may be amended

    from time to time. Notwithstanding any other provision of this Resolution or the Refunding Bonds,

    failure of the City to comply with the Continuing Disclosure Certificate shall not be considered an event

    of default; however, any bondholder may take such actions as may be necessary and appropriate,

    including seeking mandate or specific performance by court order, to cause the City to comply with its

    obligations under this Section and under the Continuing Disclosure Certificate.

    SECTION 7. The authorization for refunding bonds approved in PCR-127-14 is hereby

    revoked.

     SECTION 8. This Resolution shall take effect upon its passage.

    (a)

    (b)

    (c)

    (d)

    (e)

    (f)

    (g)

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      . e au or za on or re un ng on s approve n - - s ere y

    revoked.

     SECTION 8. This Resolution shall take effect upon its passage.

    SPONSORED BY: COUNCILWOMAN VELLA-WILKINSON

     

    COMMITTEE: 

    FINANCE AM 5614536.6AM 5614536.3


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