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Warwick City Council 5-11-15 Docket

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The docket for the Warwick City Council and its committee meetings prior to the 7 p.m. general meeting.
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The City of Warwick Docket of the City Council Regular Business Meeting For May 11, 2015 @ Council Chambers Warwick City Hall 3275 Post Road Warwick, RI 02886 @ 7:00 P.M. Donna Travis, President Roll Call: Time: Salute To The Flag: Executive Communications General Communications - Announcement of Appointments – Building Code Board of Appeals Joseph A. Bucci, P.E. 693 Commonwealth Avenue Warwick, RI 02886 Ward 8 (Vice-Richard Hunt) Expires: January 1, 2020 Personnel Hearing Board Jonathan E. Marr 229 Warner Brook Drive Warwick, RI 02889 Ward 5 (Vice-Robert Carberry) Expires: January 1, 2021 Appointments Requiring Confirmation Consent Calendar – 1. . . 2. 3.
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  • The City of WarwickDocket of the City CouncilRegular Business Meeting

    ForMay 11, 2015

    @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

    General Communications -

    Announcement of Appointments Building Code Board of Appeals

    Joseph A. Bucci, P.E.693 Commonwealth AvenueWarwick, RI 02886 Ward 8 (Vice-Richard Hunt) Expires: January 1,2020

    Personnel Hearing Board

    Jonathan E. Marr229 Warner Brook DriveWarwick, RI 02889 Ward 5 (Vice-Robert Carberry) Expires: January 1, 2021

    Appointments Requiring Confirmation

    Consent Calendar

    1.

    .

    .

    2.

    3.

  • Appointments Requiring Confirmation

    Consent Calendar

    PCR- 57-15-Resolution Relative to Bids (Councilwoman Vella-Wilkinson)

    Committee Report: (Finance): Action: Moved by: Seconded by:

    PCR- 58-15 Resolution Relative to Claims (Councilman Gallucci)

    Committee Report: (Public Safety): Action: Moved by: Seconded by:

    PCR-59-15 Resolution Relative to Abatements (Councilwoman Vella-Wilkinson)

    Committee Report: (Finance): Action:

    Moved by: Seconded by:

    Consent calendar vote:

    UNFINISHED BUSINESS

    PCO-24-14 Tax payments (Councilman Ladouceur)

    Committee Report: Finance

    FIRST PASSAGE

    Not Drafted

    2.

    3.

    .

    .

    .

    1.

  • Committee Report: Finance

    FIRST PASSAGE

    Not Drafted

    PCO-07-15 Sub A Concealed Weapons (Councilwoman Vella-Wilkinson)

    Committee Report: Public Safety

    SECOND PASSAGE AS AMENDED

    Action: Moved by: Seconded by:

    Vote:

    PCO-08-15 Corporation Certificate of Good Standing Requirement for BidSubmission (Councilman Solomon, Council President Travis, CouncilwomanVella-Wilkinson)

    Committee Report: Ordinance

    FIRST PASSAGE

    Action: Moved by: Seconded by:

    Vote:

    PCO-10-15 Acceptance of Tax Payment a/o date of Post Mark (Councilman Merolla)

    Committee Report: Intergovernmental

    FIRST PASSAGE

    Action: Moved by: Seconded by:

    Vote:

    2.

    3.

    4.

  • PCO-11-15 New Building Permit Fee (Councilman Colantuono, CouncilwomanVella-Wilkinson, Council President Travis)

    Committee Report: Finance

    SECOND PASSAGE

    Action: Moved by: Seconded by:

    Vote:

    PCO-12-15 Expanding City Centre Zoning Districts (Council President Travis,Councilwoman Vella-Wilkinson, Councilman Colantuono)

    Committee Report: Ordinance

    FIRST PASSAGE

    Not Drafted

    PCO-13-15 Amendment to Section 56-6 of Code of Ordinances (Councilman Colantuono)

    Committee Report: Finance

    SECOND PASSAGE

    Action: Moved by:

    Seconded by: Vote:

    PCR-129-14 Resolution Regarding Re-illumination of Street Lights (Councilman Solomon)

    Committee Report: Public Safety

    Not Drafted

    5.

    6.

    7.

    8.

  • Committee Report: Public Safety

    Not Drafted

    PCR-09-15 Bid #2015-140 Purchase and Install 3 Handicap Door Openers atPilgrim Senior Center (Councilwoman Vella-Wilkinson )

    Committee Report: Finance:

    Action: Moved by: Seconded by:

    Vote:

    PCR-20-15 Federal Flood Map Review for Warwick (Councilman Ladouceur)

    Committee Report: Intergovernmental

    Not Drafted

    PCR-32-15 Support H-5364 Labor and Labor Relations (Councilwoman Vella-Wilkinson)

    Committee Report: Intergovernmental

    Not Drafted

    PCR-33-15 Opposition of House Bill 5257 Moorings (Council President Travis, Councilman Colantuono, on behalf of Mayor)

    Committee Report: Intergovernmental

    Action: Moved by: Seconded by:

    Vote:

    PCR-43-15 Purchase of Rescue Units and related Equipment (Councilwoman Vella-Wilkinson)

    9.

    10.

    11.

    12.

    13.

  • PCR-43-15 Purchase of Rescue Units and related Equipment (Councilwoman Vella-Wilkinson)

    Committee Report: Finance

    Not Drafted

    PCR-44-15 Bid 2015-244 Rear Loader Sanitation Vehicle (Councilwoman Vella-Wilkinson)

    Committee Report: Finance

    Action: Moved by: Seconded by:

    Vote:NEW BUSINESS

    PCR-46-15 Enrichment Classes for Senior Citizens (General Assembly) (Councilwoman Vella-Wilkinson)

    Committee Report: Intergovernmental

    Action: Moved by: Seconded by:

    Vote:

    PCR-47-15 Vote of no Confidence regarding school Administrators (Councilwoman Vella-Wilkinson)

    Committee Report: Intergovernmental

    Not Drafted

    PCR-48-15 Creation of a Warwick Charted Review Commission (Councilwoman Vella-Wilkinson)

    Committee Report: Intergovernmental

    Not Drafted

    13.

    14.

    1.

    2.

    3.

  • Committee Report: Intergovernmental

    Not Drafted

    PCR-49-15 Adopting and Setting Tax rate for 2015-2016 year (Councilwoman Vella-Wilkinson, Councilman Colantuono)

    Committee Report: Finance

    Not Drafted

    PCR-50-15 Transfers, Supplemental Appropriations and EmergencyAppropriations (Councilwoman Vella-Wilkinson, Councilman Colantuono)

    Committee Report: Finance

    Not Drafted

    PCR-51-15 Planning Department to join Community Septic System LoanProgram (Councilman Merolla)

    Committee Report: Intergovernmental

    Not Drafted

    PCR-52-15 Opposition of House Bill 5473(Councilman Colantuono)

    Committee Report: Intergovernmental

    Action: Moved by: Seconded by:

    Vote:

    PCR-54-15 Easement on Railroad Row(Councilman Gallucci)

    Committee Report: Public Prop/Land Use

    4.

    5.

    6.

    7.

    8.

  • PCR-54-15 Easement on Railroad Row(Councilman Gallucci)

    Committee Report: Public Prop/Land Use

    Not Drafted

    FOR REFERRAL AND ADVERTISING

    NONE

    Unanimous Consent for May 11, 2015

    Motion to Adjourn: Vote: Time: Next available numbers: PCR-60-15

    PCO-14-15 9

    8.

  • Finance Committee AgendaFor

    May 11, 2015@ 5:00 PM

    Warwick City Hall3275 Post Road

    Warwick, RI 02886

    Chair Person: Councilwoman Vella-WilkinsonMember: Councilman GallucciMember: Councilman Colantuono Time Started:Time Ended:

    PCR-59-15 Resolution Relative to Abatements (Councilwoman Vella-Wilkinson)

    Committee Report: Finance

    Action: Moved by: Seconded by:

    Vote:

    PCO-24-14 Tax payments (Councilman Ladouceur)

    Committee Report: Finance

    FIRST PASSAGE

    Not Drafted

    Action: Moved by: Seconded by:

    Vote: PCO-11-15 New Building Permit Fee (Councilman Colantuono, CouncilwomanVella-Wilkinson, Council President Travis)

    Committee Report: Finance

    SECOND PASSAGE

    Action: Moved by: Seconded by:

    Vote: PCO-13-15 Amendment to Section 56-6 of Code of Ordinances (Councilman Colantuono)

    1.

    2.

    3.

    4.

  • PCO-13-15 Amendment to Section 56-6 of Code of Ordinances (Councilman Colantuono)

    Committee Report: Finance

    SECOND PASSAGE

    Action: Moved by: Seconded by:

    Vote: PCR-09-15 Bid #2015-140 Purchase and Install 3 Handicap Door Openers atPilgrim Senior Center (Councilwoman Vella Wilkinson )

    Committee Report: Finance

    Action: Moved by: Seconded by:

    Vote:

    PCR-43-15 Purchase of Rescue Units and related Equipment(Councilwoman Vella-Wilkinson)

    Committee Report: Finance

    Not Drafted

    Action: Moved by: Seconded by:

    Vote:

    PCR-44-15 Bid 2015-244 Rear Loader Sanitation Vehicle (Councilwoman Vella-Wilkinson)

    Committee Report: Finance

    Action: Moved by: Seconded by:

    Vote:

    PCR-49-15 Adopting and Setting Tax rate for 2015-2016 year (Councilwoman Vella-Wilkinson, Councilman Colantuono)

    Committee Report: Finance

    Not Drafted

    Action: Moved by: Seconded by:

    4.

    5.

    6.

    7.

    8.

  • Not Drafted

    Action: Moved by: Seconded by:

    Vote:

    PCR-50-15 Transfers, Supplemental Appropriations and EmergencyAppropriations (Councilwoman Vella-Wilkinson, Councilman Colantuono)

    Committee Report: Finance

    Not Drafted

    Action: Moved by: Seconded by:

    Vote:

    9.

  • Ordinance Committee Agenda

    ForMay 11, 2015@ 6:00 PM

    Warwick City Hall3275 Post Road

    Warwick, RI 02886

    Chair Person: Councilman GallucciMember: Councilman ColantuonoMember: Councilman Ladouceur Time Started:Time Ended:

    PCO-08-15 Corporation Certificate of Good Standing Requirement for BidSubmission (Councilman Solomon, Council President Travis, CouncilwomanVella-Wilkinson)

    Committee Report: Ordinance

    FIRST PASSAGE

    Action: Moved by: Seconded by:

    Vote:

    PCO-12-15 Expanding City Centre Zoning Districts (Council President Travis,Councilwoman Vella-Wilkinson, Councilman Colantuono)

    Committee Report: Ordinance

    FIRST PASSAGE

    Not Drafted

    Action: Moved by: Seconded by:

    Vote:

    1.

    2.

  • Public Safety Committee AgendaMay 11, 2015@ 6:10 PM

    Warwick City Hall3275 Post Road

    Warwick, RI 02886

    Chair Person: Councilman GallucciMember: Councilwoman UslerMember: Councilman Colantuono Time Started:Time Ended:

    PCO-7-15 Concealed Carry Weapons (Councilwoman Vella-Wilkinson)

    Committee Report: Public Safety

    SECOND PASSAGE AS AMENDED

    Action: Moved by: Seconded by: Vote:

    PCR-129-14 Resolution Regarding Re-illumination of Street Lights (Councilman Solomon)

    Committee Report: Public Safety

    Not Drafted

    Action: Move to Pending Moved by: Colantuono Seconded by: Usler

    Vote: 3/0 Vote taken on April 13, 2015 Meeting.

    1.

    2.

  • Intergovernmental Committee AgendaFor

    May 11, 2015@ 6:20 PM

    Warwick City Hall3275 Post Road

    Warwick, RI 02886

    Chair Person: Councilman Colantuono Member: Councilwoman Vella-Wilkinson Member: Councilman Chadronet Time Started:Time Ended:

    PCO-10-15 Acceptance of Tax Payment a/o date of Post Mark(Councilman Merolla)

    Committee Report: (Intergovernmental)

    FIRST PASSAGE

    Action: Moved by: Seconded by:

    Vote: PCR-20-15 Federal Flood Map Review for Warwick(Councilman Ladouceur)

    Committee Report: (Intergovernmental)

    Not Drafted

    Action: Moved by: Seconded by:

    Vote:

    PCR-32-15 Support H-5364 Labor and Labor Relations (Councilwoman Vella-Wilkinson)

    Committee Report: Intergovernmental

    Not Drafted

    Action: Move to Pending File Moved by: Vella-Wilkinson Seconded by: Chadronet

    Vote: 3/0 Vote taken on April 13, 2015 Meeting PCR-33-15 Opposition of House Bill 5257 Moorings

    (Council President Travis, Councilman Colantuono, on behalf of Mayor)

    Committee Report: Intergovernmental

    1.

    2.

    3.

    4.

  • PCR-33-15 Opposition of House Bill 5257 Moorings

    (Council President Travis, Councilman Colantuono, on behalf of Mayor)

    Committee Report: Intergovernmental

    Action: Moved by: Seconded by:

    Vote: PCR-46-15 Enrichment Classes for Senior Citizens (General Assembly)

    (Councilwoman Vella-Wilkinson) Committee Report: Intergovernmental

    Action: Moved by: Seconded by:

    Vote:

    PCR-47-15 Vote of no Confidence regarding school Administrators (Councilwoman Vella-Wilkinson)

    Committee Report: Intergovernmental

    Not Drafted

    Action: Moved by: Seconded by:

    Vote:

    PCR-48-15 Creation of a Warwick Charted Review Commission (Councilwoman Vella-Wilkinson)

    Committee Report: Intergovernmental

    Not Drafted

    Action: Moved by: Seconded by:

    Vote:

    PCR-51-15 Planning Department to join Community Septic System LoanProgram (Councilman Merolla) Committee Report: Intergovernmental

    Not Drafted

    4.

    5.

    6.

    7.

    8.

  • Program (Councilman Merolla) Committee Report: Intergovernmental

    Not Drafted

    Action: Moved by: Seconded by:

    Vote:

    PCR-52-15 Opposition of House Bill 5473(Councilman Colantuono)

    Committee Report: Intergovernmental

    Action: Moved by: Seconded by:

    Vote:

    9.

  • Public Properties, Land Use Committee and Community AffairsMay 11, 2015@ 6:40 PM

    Warwick City Hall3275 Post Road

    Warwick, RI 02886

    Chair Person: Councilman ColantuonoMember: Councilman ChadronetMember: Councilman Solomon Time Started:Time Ended:

    PCR-54-15 Easement on Railroad Row(Councilman Gallucci)

    Committee Report: Public Prop/Land Use

    Not Drafted

    Action: Moved by: Seconded by: Vote:

    1.

  • AmendedPCO-7-15

    Sub A THE CITY OF WARWICK

    STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

    CHAPTER 6 BOARDS AND COMMISSIONS

    ARTICLE IV:

    BOARD OF PUBLIC SAFETY

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

    Approved............................................................................Mayor Be it ordained by the City of Warwick:

    Section I. Chapter 6 Article IV of the Code of Ordinances of the City of Warwick is hereby amended to add the following:

    Sec. 6-72. Permits: Concealed Carry Weapons.

    (a) Preamble: R.I.G.L. 11-47-11 establishes the standards for local municipalities to issue Concealed Carry Weapons (CCW) permits; and as qualified applicants are law-abiding citizens trained and certified in the use of firearms they must be treated with dignity and respect as they engage in the legal right to seek said permit; while the Board of Public Safety has the power to regulate the issuance of CCW permits for the City of Warwick, it is critical to ensure procedures and standards are not imposed in an overly broad. or arbitrary manner; Warwick residents and business owners who meet the criteria set forth by the State of RI must be ensured a timely, fair,predictable and consistent process to apply for a CCW permit through our municipal licensingauthority; in an effort to promote transparency in government, avoid any misunderstandings, andprotect applicants right to due process, applicants who are denied a CCW permit must benotified of thereason(s) for disapproval in a timely, written manner; and some inconsistencies in the processing of CCW permits have provided a general impression that the City of Warwick may periodically engage in illegal gun control practices in contradiction to R.I.G.L. 11-47-11. the Warwick CityCouncil is adamant that CCW permits processed by The Board of Public Safety be issued in strictcompliance with R.I.G.L. 11-47-11.

    (b) The Warwick Board of Public Safety shall adhere to the following procedures in considering the application and issuance of CCW permits: 1. The Warwick Board of Public Safety (a.k.a. The Board), as the licensing authority for the

    City of Warwick is charged with issuing Concealed Carry Weapons (CCW) permits.

    Individuals must be twenty-one (21) years of age or older to apply for a CCW permit and meet the following criteria:

    a. Have a bona fide residence or place of business within the City of Warwick verified by either the Warwick Board of Canvassers, Warwick Department of Taxation or the Warwick Chief of Police, or b. Have a bona fide residence within the United States and a license or permit to carry a pistol or revolver concealed upon his or her person issued by the authorities of any other state or subdivision of the United States. c. The Board will consider business, employment and personal factors when reviewinggood reasons and proper reasons to determine if a CCW Permit is to be issued .

  • Warwick Chief of Police, or b. Have a bona fide residence within the United States and a license or permit to carry a pistol or revolver concealed upon his or her person issued by the authorities of any other state or subdivision of the United States. c. The Board will consider business, employment and personal factors when reviewinggood reasons and proper reasons to determine if a CCW Permit is to be issued .

    2. Per R.I.G.L. 11-47-11, The Board shall issue a permit to an applicant to carry a pistol or revolver concealed upon his/her person everywhere within this state for four (4) years from date of issue. This permit shall not contain any restrictions, however State and Federal law shall still apply. The permit shall be issued to the applicant if

    a. It appears that the applicant has good reason to fear an injury to his or her person or property, or

    b. The applicant has any other proper reason for carrying a pistol or revolver, and

    c. He or she is a suitable person to be so licensed, and

    d. The applicant must demonstrate competence, familiarity and proficiency with ahandgun by completing a certified NRA Firearms Safety course or its equivalent of atleast four hours, which includes classroom and range time.

    (1) The Firearms Safety Course must be completed within three years prior to theinitial permit. CCW Permit renewals will only require recertification on the range, asindicated by the CCW permit application.

    (2) A list of Certified Firearms Safety courses is included in the CCW permitapplication.

    3. An applicant is not required to present a purpose or need beyond what is called for in R.I.G.L. 11-47-11. For the purpose of applications to The Board under R.I.G.L. 11-47-11 Self defense shall constitute a proper reason as required by statute based upon previousthreats/threatening conduct within the prior six months documentd by a police report or writtencomplaint is a good or proper reason. No line of questioning by the Board during the interviewprocess will call for speculation as to how the applicant may alter his or her actions tonegate the request/use of need for a CCW permit. The following may be considered when theBoard determines a good or proper reason.

    Conditions of employment or business necessity, whether required or preferred, areconsidered proper reason for issuing a CCW permit. The nature of an applicantswork may warrant a good reason for a CCW permit to be approved. Examplesinclude but are not limited to: amount of money carried, lateness of the hour, pastinstances of crime, the surrounding neighborhood and other dangerouscircumstances.

    Requesting a reciprocal CCW permit by the City of Warwick when a CCW permithas been issued by the Rhode Island Attorney General is a proper reason.Possession of a current Federal Firearms License is also deemed a proper reason.afactor in consideration of the application for the CCW permit. Suitability of the applicant may also be a consideration when issuing a permit.Decisions must be based on evidence provided by the application process and notmerely conjecture. The Board must articulate a specific and justifiable reason to findsomeone unsuitable.

    4. The Board will review the completed application along with three letters of reference and a

    Background Criminal Investigation (BCI) within 60 calendar days of receipt. Letters of reference shall only be required for new, not renewal, permit applications. Applicants are required to appear before The Board for a personal interview. A Hearing with written or recordedminutes must be held for the Applicant. The specific reason(s) for denying a CCW permit must be provided in writing by registered mail within 10 business days of conducting the interview or the permit shall be automatically issued.

    Applicants may request reconsideration in the case of a CCW Permit denial by TheBoard. Furthermore, said applicants have the right to judicial review under R.I.G.L.42-35-15, RI Administrative Procedures.

    a.

    b.

    c.

    a.

  • required to appear before The Board for a personal interview. A Hearing with written or recordedminutes must be held for the Applicant. The specific reason(s) for denying a CCW permit must be provided in writing by registered mail within 10 business days of conducting the interview or the permit shall be automatically issued.

    Applicants may request reconsideration in the case of a CCW Permit denial by TheBoard. Furthermore, said applicants have the right to judicial review under R.I.G.L.42-35-15, RI Administrative Procedures.

    5. Legitimate reasons for an applicant to be deemed unsuitable to be licensed are as follows include:

    a. Be ineligible to possess a firearm by virtue of having been convicted of a felony.

    b. Have been committed, either voluntarily or involuntarily, for the abuse of a controlled dangerous substance, or been found guilty of, or entered a plea of guilty or nolo contendere to a misdemeanor under RI General Laws or similar laws of any other state relating to a controlled dangerous substance within a five-year period immediately preceding the date on which the application is submitted., or be presently charged under indictment or a bill of information for such an offense.

    c. Found guilty of, or entered a plea of guilty or nolo contendere to operating a vehicle while intoxicated, or has been admitted, either voluntarily or involuntarily, for treatment as an alcoholic, within the five-year period immediately preceding the date on which the application is submitted, or at any time after the application has been submitted.

    d. Entered a plea of guilty or nolo contendere to or been found guilty of a crime of

    violence, as defined by R.I.G.L. 11-47-2(2), 11-47-5(a), including domestic abuse, at themisdemeanor level, unless five years have elapsed since completion of sentence or any other conditions set by the court have been fulfilled, or unless the conviction was set aside and the prosecution dismissed, prior to the date on which the application is submitted. (1) Prohibition also applies to any person sentenced to community confinement orelectronic surveillance in accordance with R.I.G.L. 11-47-5(c).

    e. Been convicted of, have entered a plea of guilty or nolo contendere to, or be charged under indictment or a bill of information for any crime of violence or any crime punishable by imprisonment for a term of one year or greater.

    f. Is a fugitive from justice.

    g. Released from active or reserve duty from the Armed Forces of the United States with a discharge characterized as Bad Conduct Discharge, or a Dishonorable Discharge. In the case of Commissioned Officers and Warrant Officers of the United States Armed Forces, the punishment of Dismissal rendered subject to a verdict of guilty at a trial by military court-martial is deemed to be disqualifying under this paragraph. For the purposes of this Paragraph, the United States Coast Guard is considered an Armed Force.

    i. Be ineligible to possess or receive a firearm under 18 U.S.C. 922(g).

    j. Had a permit revoked by The Board within four years prior to the most recent application.

    k. Been denied a pistol permit in a jurisdiction other the City of Warwick based onsuitability grounds within four years prior to the most recent application. l. Adjudged mentally incompetent at the time of application or for five years prior toapplication as defined in R.I.G.L. 40.1-5.3-3 or a comparable procedure located inanother state following a hearing at which the applicant/defendant was represented bycounsel or a representative;

    6. Notwithstanding any other chapter or section of the general laws of the state of Rhode Island,

    a.

  • l. Adjudged mentally incompetent at the time of application or for five years prior toapplication as defined in R.I.G.L. 40.1-5.3-3 or a comparable procedure located inanother state following a hearing at which the applicant/defendant was represented bycounsel or a representative;

    6. Notwithstanding any other chapter or section of the general laws of the state of Rhode Island,

    The Board shall not provide or release to any individual, firm, association or corporation the name, address, or date of birth of any person who has held or currently holds a license or permit to carry a concealed pistol or revolver. This section shall not be construed to prohibit the release of any statistical data of a general nature relative to age, gender and racial or ethnic background nor shall it be construed to prevent the release of information to parties involved in any prosecution of 11-47-8 or in response to a lawful subpoena in any criminal or civil action which the person is a party to that action.

    While completing their duties and responsibilities in exercising their authority toissue or deny CCW permits in compliance with federal, State and local law, theBoard of Public Safety is acting under Sovereign Immunity.

    7. Warwick ordinance 40-1(19) Disorderly Conduct is the prevailing law for those individuals issued a CCW permit unless circumstances necessitates the gun owner to no longer keep his or her weapon concealed. Brandishing, improper exhibition or unlawful display isnot permissible. Unintended viewing of the weapon as a nondeliberate act is not actionable.

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

    SPONSORED BY: COUNCILWOMAN VELLA-WILKINSON

    COMMITTEE: PUBLIC SAFETY1 of 4

    a.

  • PCO-8-15THE CITY OF WARWICKSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

    CHAPTER 56

    PURCHASING

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

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

    Be it ordained by the City of Warwick: Section I. Chapter 56 of the Code of Ordinances of the City of Warwick is hereby amended toadd the following: Sec. 56-5. Bid procedure.

    (a) Submission of bids.(1) All bids shall be submitted in a sealed enclosure and clearly marked as such. Bids

    opened inadvertently due to lack of proper identification shall be immediatelyresealed, and a log of such occurrences maintained by the purchasing agent.

    (b) Bid opening meetings.(1) Bids shall be opened at a public meeting at the time, date and place contained in

    invitation to bid. The purchasing agent shall prepare and post an agenda notice atleast five days prior to the scheduled meeting date.

    (2) The opening of bids shall be in the order established by the posted agenda and theagenda shall continue uninterrupted until completion.

    (3) Once an agenda item has been reached and any bid on that agenda item has beenopened, no other bid on that agenda item will be accepted and any such bid shallbe deemed late.

    (c) Determination of lowest responsible bidder. In determining the lowest responsible

    bidder, the awarding authority, consistent with section 6-12 of the Charter, shallconsider:

    (1) The ability, capacity and skill of the bidder to perform the contract or provide theservice required.

    (2) Whether the bidder can perform the contract or provide the service promptly, orwithin the time specified, without delay or interference.

    (3) The character, integrity, reputation, judgment, experience and efficiency of thebidder.

    (4) The quality of performance of previous contracts or services.(5) The previous and existing compliance by the bidder with laws and ordinances

    relating to the contract or service.(6) The sufficiency of the financial resources and ability of the bidder to perform the

    contract or provide the service.(7) The quality, availability and adaptability of the supplies or contractual services to

    the particular use required.(8) The ability of the bidder to provide future maintenance and service for the use of

    the subject of the contracts.(9) The vendors location alone is not a criteria, but the total cost of a purchase shall

    be considered when evaluating the lowest qualified bidder. Total cost includes:handling/shipping fees and transportation surcharges connected to the initial

  • (7) The quality, availability and adaptability of the supplies or contractual services tothe particular use required.

    (8) The ability of the bidder to provide future maintenance and service for the use ofthe subject of the contracts.

    (9) The vendors location alone is not a criteria, but the total cost of a purchase shallbe considered when evaluating the lowest qualified bidder. Total cost includes:handling/shipping fees and transportation surcharges connected to the initialpurchase and any follow-on maintenance or training needs.

    (d) Award to other than low bid. When a bid is awarded to other than the lowest bid, afull and complete statement of the reasons therefor shall be prepared and maintained by thepurchasing agent for bids between $1,000.00 and $2,500.00 and shall be placed on the publicrecord of the city council for bid items in excess of $2,500.00.

    (e) Authorization of further negotiation. When proposals for bid are submitted to thecity, and, in the opinion of the city council finance subcommittee, further negotiation with thelow bidder may result in a decrease in the price bid for the bid item as specified, the city councilfinance subcommittee may authorize the finance director to negotiate with the low bidder only,such negotiation to occur prior to the awarding of the bid. The finance director, in any case inwhich he/she has been authorized to negotiate pursuant to this subsection, shall report to the citycouncil finance subcommittee at the business meeting next following said authorization.

    (f) Post Bid Award requirement. When a bid is awarded to a corporation, limitedliability company or other legal entity, prior to commencing work under the awarded bid, thatcorporation, company or legal entity shall provide to the purchasing agent a certificate of goodstanding dated no more than thirty (30) days prior to the date upon which the bid award wasmade. Section II. This Ordinance shall take effect upon passage and publication as prescribed by law.

    SPONSORED BY: COUNCILMAN SOLOMON

    COMMITTEE: ORDINANCE

  • PCO-10-15THE 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 56 of the Code of Ordinances of the City of Warwick is hereby amended toadd the following: Sec. 74-4. Processing of tax payments.

    All payments of taxes received by mail shall be credited to a taxpayers account as of the

    date of the United States Postal Service postmark on the envelope containing the payment. Section II. This Ordinance shall take effect upon passage and publication as prescribed by law.

    SPONSORED BY: COUNCILMAN MEROLLA

    COMMITTEE: ORDINANCE

  • PCO-13-15THE CITY OF WARWICKSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

    CHAPTER 56

    PURCHASING

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

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

    Be it ordained by the City of Warwick: Section I. Chapter 56 of the Code of Ordinances of the City of Warwick is hereby amended toadd the following: Sec. 56-6. Exception to Notice Requirement.

    In any case where compliance with the provisions of this chapter relative to newspaper

    publication and posting of notices would work to the disadvantage of the city or would prevent apurchase or contract award in time to avoid or alleviate a public emergency, then purchases andcontracts may be made without the public notices and newspaper publication provided for, in thefollowing manner:

    (1) The purchasing agent may make such awards within the monetary limits hereinprovided, upon his/her certification to the city clerk council that in his/her opinion theaward must be so made, and stating therein the particulars of the public emergency orprospective disadvantages upon which his/her opinion is based. The city clerk purchasingagent shall present send such certifications to the city council at the next regular orspecial meeting of the council following his/her receipt of the same by email at the timeof making such awards.

    (2) The city council may make such awards for purchases and contracts in excess of$2,500.00 upon the affirmative vote of six council members at any regular or specialmeeting on the question of the existence of the public emergency or prospectivedisadvantage to the city.

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

    SPONSORED BY: COUNCILMAN COLANTUONO

    COMMITTEE: FINANCE

  • PCR-46-15

    THE CITY OF WARWICKSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

    RESOLUTION OF THE CITY COUNCIL

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

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

    RESOLUTION TO THE GENERAL ASSEMBLY REGARDING ENRICHMENT

    CLASSES AT STATE COLLEGES FOR SENIOR CITIZENS

    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, the State of Rhode Island promotes life-long learning for continued growth

    and enrichment of all our residents; and

    WHEREAS, the cost of education has continued to rise but our State colleges anduniversities remain a high value for training, development and scholarly pursuits; and

    WHEREAS, according to a research study conducted by the Center for Aging, Health

    and Humanities, the benefits of challenging the brain and having an active mind stimulated bycreativity include: reinforcing memory, relieving sleep and mood disorders, boosting the immunesystem and greater ease in facing adversity; and

    WHEREAS, creating an affordable avenue for seniors to enroll in college courses willfurther enhance class discourse by increasing the number of nontraditional students and creatinga larger multi-generational environment for the benefit of all.

    NOW THEREFORE, BE IT RESOLVED that the Warwick City Council is herebypetitioning the Rhode Island General Assembly to enable senior citizens 60 yearsof age and older to enroll in one class per semester for half the cost of all fees andtuition at any State college or university; and

    BE IT FURTHER RESOLVED that the Warwick City Council is hereby petitioning the

    Rhode Island General Assembly to enable senior citizens 60 years of age andolder to audit one class per semester tuition-free at any State college or university.

    .The City Clerk is hereby directed to forward a copy of this Resolution to the Senators and

    Representatives from the City of Warwick.

    This Resolution shall take effect upon passage.

  • SPONSORED BY: COUNCILWOMAN VELLA-WILKINSON

    COMMITTEE: INTERGOVERMENTAL


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