April 6 Council Docket

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The City of Warwick Docket of the City Council Regular Business Meeting

For April 6, 2015

@ Council Chambers Warwick City Hall 3275 Post Road

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

Amended

Donna Travis, President

Roll Call: Time: Salute To The Flag:

Executive Communications

Per PCR 31-15 Mr. Anthony Ferrucci, Finance Director of the Warwick School Department to brief the City Council on the Status of the School Dis-tricts Finances General Communications -

A. Acceptance of minutes from council meetings held on: 1. March 9, 2015 2. March 16, 2015

1. Announcement of Appointments

Land Trust Commission 1. Timothy Twohig

235 Love Lane Warwick, RI 02886 Ward 9 Expires: April 1, 2020 (Vice-Martha Cruciani-resigned)

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2. Appointments Requiring Confirmation

Zoning Board of Review 1. Donald Morash

14 Chevy Court Warwick, RI 02886 Ward 9 Expires: Jan 1, 2020 (Re-appointment)

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

Vote:

2. Mark P. McKenney 22 Eleventh Avenue Warwick, RI 02886 Ward 6 (Vice-Attillio Iacobucci) Expires: Jan 1, 2016


Vote:

TOURISM ADVISORY BOARD 1. Sue Gallogly Director of Sales and Marketing

Courtyard by Marriott 55 Jefferson Park Road Warwick, RI 02888 Ward 3 (Vice- Kevin J. Buchanan) Expires: Sept. 1 2015 Committee Report: (Appointments): Action:

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Moved by: Seconded by:

Vote:

SEWER BOARD OF REVIEW

1. Carter Thomas 39 Noyes Street Warwick, RI 02886 Ward 7 (Re-appointment) Expires: April 1, 2018


Vote:

2. Jonathan Pratt 85 Hawthorne Avenue Warwick, RI 02886 Ward 6 (Re-appointment) Expires: April 1, 2018


Vote: HISTORIC DISTRICT COMMISSION

1. Carol Pratt 29 Chapmans Avenue Warwick, RI 02886 Ward 7 (Re-appointment) Expires: April 1, 2018


Vote:

2. Maxwell R. Pounder 18 South Fair Street Warwick, RI 02888 Ward 1 (Re-appointment) Expires: April 1, 2018

Committee Report: (Appointments):

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Action: Moved by: Seconded by:

Vote:

3. Barry OBrien 9 Globe Street Warwick, RI 02886 Ward 8 (Re-appointment) Expires: April 1, 2018


Vote: Consent Calendar

1. PCR- 37-15-Resolution Relative to Bids

(Councilwoman Vella-Wilkinson)

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

2. PCR- 38-15 Resolution Relative to Claims

(Councilman Gallucci)

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

3. PCR-39-15 Resolution Relative to Abatements (Councilwoman Vella-Wilkinson)

Committee Report: (Finance): Action:


Consent calendar vote:

5

UNFINISHED BUSINESS

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

Committee Report: (Finance)

FIRST PASSAGE

Not Drafted

2. PCO-07-15 Concealed Weapons (Councilwoman Vella-Wilkinson) Committee Report: Public Safety FIRST PASSAGE Action: Moved by: Seconded by:

Vote:

3. PCO-28-14 Food Trucks (Councilwoman Vella-Wilkinson) Committee Report: Ordinance FIRST PASSAGE Not Drafted

4. PCR-09-15 Bid #2015-140 Purchase and Install 3 Handicap Door Openers

at Pilgrim Senior Center (Councilwoman Vella Wilkinson )

Committee Report: Finance

Action: Moved by:

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Seconded by: Vote:

5. PCR-24-15 Amendments to Enabling Act WSA

(Councilman Ladouceur)

Committee Report: Intergovernmental


Vote:

6. PCR-36-15 Bid Number 2015-216 Fire Alarm Upgrades (Councilwoman Vella-Wilkinson) Committee Report: Finance


Vote: NEW BUSINESS

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


FIRST PASSAGE


Vote:

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2. PCO-11-15 New Building Permit Fee (Councilman Colantuono) Committee Report: Finance

FIRST PASSAGE


Vote:

3. PCO-13-15 Amendment to Section 56-6 of Code of Ordinances (Councilman Colantuono) Committee Report: Finance

FIRST PASSAGE

Action: Moved by:

Seconded by: Vote: 4. PCR-32-15 Support H-5364 Labor and Labor Relations

(Councilwoman Vella-Wilkinson) Committee Report: Intergovernmental Not Drafted

5. PCR-33-15 Opposition of House Bill 5257 Moorings (Council President Travis, Councilman Colantuono, on behalf of Mayor) Committee Report: Intergovernmental Not Drafted

8

6. PCR-40-15 Requesting Healthcare Actuary appear before Council (Councilman Merolla) Committee Report: Intergovernmental


Vote:

7. PCR-41-15 Library Admin Presentation and Introduction (Councilman Solomon) Committee Report: Intergovernmental


Vote:

8. PCR-42-15 Opposition of Senate Bill 2015-S0071 Purple Heart Vanity Plate (Councilwoman Vella-Wilkinson) Committee Report: Intergovernmental


Vote:

9. PCR-43-15 Purchase of Rescue Units and related Equipment

(Councilwoman Vella-Wilkinson) Committee Report: Finance Not Drafted

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FOR REFERRAL AND ADVERTISING

None

Unanimous Consent for April 6, 2015

Motion to Adjourn: Vote: Time: Next available numbers: PCR-44-15 PCO-14-15

CLAIMS DOCKET

FOR PUBLIC SAFETY April 6, 2015

1. Gavin Hausman 35 Bugbee Avenue Warwick, RI 02889 Claim: Pothole on Jefferson Blvd. damaged the R/F tire, stabilizer link, strut and also alignment. Estimates: New England Tire $319.51 Melvins Tire Pros $253.94 Balise $297.30 MOVED BY: SECONDED BY: VOTE:

APPROVED ____________ DENIED _____________ HOLD ___________ 2. Jutta Card 815 Tiogue Avenue Coventry, RI 02816 Claim: Left side mirror, left quarter and left bumper of vehicle damaged due to collision with Engine 5. Estimates: Ray Stewarts Inc. $1,687.19 Dent Pros $1,886.04 East Coast Collision $1,956.66 MOVED BY: SECONDED BY: VOTE:

APPROVED ____________ DENIED _____________ HOLD ___________

3. William J. Horton III 193 Posnegansett Avenue Warwick, RI 02886 Claim: Snow plows damaged 2 12 fences. Estimates: Statewide Fence Builders $2,426.08 MOVED BY: SECONDED BY: VOTE:

APPROVED ____________ DENIED _____________ HOLD ___________ 4. Amanda Medeiros Paulos 157 Hoxsie Avenue Warwick, RI 02889 Claim: Driving behind plow on Airport Road, something kicked up and hit windshield. Estimates: Safelite Auto Glass $250.78 Affordable Glass $160.00 MOVED BY: SECONDED BY: VOTE:

APPROVED ____________ DENIED _____________ HOLD ___________ 5. Jason Lonergan 116 Lansing Avenue Warwick, RI 02888 Claim: Pothole on Atlantic Avenue damaged rear shock and shock mount. Estimates: Harrys Auto $270.00 Monroe Muffler/Brake $514.57 Tasca $239.83 MOVED BY: SECONDED BY: VOTE:


6. Kim Ferentinos 65 Red Chimney Drive Warwick, RI 02886 Claim: Pothole on Diamond Hill Road damaged F/R tire and rim. Estimates: Town Fair Tire $676.96 Midas $385.58 Pep Boys $628.05 MOVED BY: SECONDED BY: VOTE:

APPROVED ____________ DENIED _____________ HOLD ___________ 7. Clare Hird 219 Oak Tree Avenue Warwick, RI 02886 Claim: Pothole on Long Street EB damaged the R/F tire and rim. Estimate: Northups Service Ctr. $185.50 West Shore Collision $330.49 Rebello Automotive $446.69 MOVED BY: SECONDED BY: VOTE:

APPROVED ____________ DENIED _____________ HOLD ___________ 8. Stephen Maaz 51 Montcalm Road Warwick, RI 02889 Claim: Pothole on Leon Whipple Road damaged right front tire and front and rear rims. Estimates: Tarbox Toyota $569.15 Tarbox Toyota $590.15 J&S Auto Repair $573.26 Balise $1,078.95 MOVED BY: SECONDED BY: VOTE:


9. Samantha Lillie 9 Bernard Drive Coventry, RI 02816 Claim: Front left headlight and fender of vehicle damaged by plow. Estimates: Finn Auto Body $1,960.35 National Auto Specialty $2,536.00 East Coast Collision $1,460.73 MOVED BY: SECONDED BY: VOTE:

APPROVED ____________ DENIED _____________ HOLD ___________ 10. Michael P. Taylor 66 Corin Street Warwick, RI 02886 Claim: R/L bumper damaged by plow. Estimates: West Shore Collision $967.33 East Coast Collision $1407.10 National Auto Specialty $1874.95 MOVED BY: SECONDED BY: VOTE:

APPROVED ____________ DENIED _____________ HOLD ___________ 11. Robert Mattioli 57 Shadow Brook Drive Warwick, RI 02886 Claim: Pothole on Love Lane damaged the R/F tire. Estimates: Town Fair Tire $255.43 Treaddepot.com $1653.86 Tirerack.com $160.96 MOVED BY: SECONDED BY: VOTE:


12. Violet M. Krikorian (registered owner of vehicle) Siran Krikorian 86 Crest Drive Cranston, RI 02921 Claim: Pothole on Baycliff Drive near #148 Tire Note: Claimant submitted to State of RI, who referred him to the Town of East Greenwich because of zip code 02818. East Greenwich referred to City of Warwick. Estimates: Town Fair Tire $230.97 MOVED BY: SECONDED BY: VOTE:

APPROVED ____________ DENIED _____________ HOLD ___________ 13. Robert Allender 54 Edgemere Avenue Warwick, RI 02889 Claim: Pothole on Uncas St. Damaged the L/F HUB and bearings and R/R HUB and bearings, also alignment. Estimates: New England Tire $554.53 Premier Automotive $555.25 Automotive Engineering $576.40 GM Automotive $634.95 MOVED BY: SECONDED BY: VOTE:

APPROVED ____________ DENIED _____________ HOLD ___________ 14. Providence Mutual A/S/O Linda Oliveira PO Box 6056 Providence, RI 02940 Claim: Front bumper damaged by police vehicle. Estimates: Reliable Appraisal $1375.93 Affordable Auto Body $1373.11 MOVED BY: SECONDED BY: VOTE:


Finance Committee Agenda For

April 6, 2015 @ 5:00 PM

Warwick City Hall 3275 Post Road

Warwick, RI 02886

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

1. PCR-37-15 Resolution Relative to Bids (Councilwoman Vella-Wilkinson)

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

Seconded by: Vote:

2. PCR-39-15 Resolution Relative to Abatements (Councilwoman Vella-Wilkinson)

Committee Report: (Finance): Action:


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

Committee Report: (Finance)

FIRST PASSAGE

Not Drafted Action:


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

Committee Report: Finance


Vote:

5. PCR-36-15 Bid Number 2015-216 Fire Alarm Upgrades (Councilwoman Vella-Wilkinson) Committee Report: Finance


Vote:

6. PCO-11-15 New Building Permit Fee (Councilman Colantuono) Committee Report: Finance

FIRST PASSAGE


Vote:

7. PCO-13-15 Amendment to Section 56-6 of Code of Ordinances (Councilman Colantuono) Committee Report: Finance

FIRST PASSAGE

Action: Moved by:

Seconded by: Vote:

8. PCR-43-15 Purchase of Rescue Units and related Equipment (Councilwoman Vella-Wilkinson) Committee Report: Finance Not Drafted

Action: Moved by:

Seconded by: Vote:

Ordinance Committee Agenda For

April 6, 2015 @ 6:00 PM


Warwick, RI 02886

Chair Person: Councilman Gallucci Member: Councilman Colantuono Member: Councilman Ladouceur Time Started: Time Ended:

1. PCO-28-14 Food Truck Permitting and Operation in the City of Warwick (Councilwoman Vella-Wilkinson)

Committee Report: (Ordinance)

FIRST PASSAGE

Not Drafted


Vote:

Intergovernmental Committee Agenda For

April 6, 2015 @ 6:20 PM


Warwick, RI 02886

Chair Person: Member: Member: Time Started: Time Ended:

1. PCR-24-15 Amendments to Enabling Act WSA (Councilman Ladouceur)


Action: Moved by: Seconded by: Vote:

2. PCO-10-15 Acceptance of Tax Payment a/o date of Post Mark

(Councilman Merolla) Committee Report: Intergovernmental

FIRST PASSAGE


Vote:

3. PCR-32-15 Support H-5364 Labor and Labor Relations (Councilwoman Vella-Wilkinson) Committee Report: Intergovernmental

Not Drafted


Vote:

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

Committee Report: Intergovernmental Not Drafted


Vote

5. PCR-40-15 Requesting Healthcare Actuary appear before Council (Councilman Merolla) Committee Report: Intergovernmental


Vote:

6. PCR-41-15 Library Admin Presentation and Introduction (Councilman Solomon) Committee Report: Intergovernmental


Vote: 7. PCR-42-15 Opposition of Senate Bill 2015-S0071 Purple Heart Vanity Plate (Councilwoman Vella-Wilkinson) Committee Report: Intergovernmental


Vote:

Public Safety Committee Agenda April 6, 2015

@ 6:10 PM


Warwick, RI 02886

Chair Person: Councilman Gallucci Member: Councilwoman Usler Member: Councilman Colantuono Time Started: Time Ended: 1. PCR- 38-15 Resolution Relative to Claims

(Councilman Gallucci)

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

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

Committee Report: Public Safety FIRST PASSAGE

Action: Moved by: Seconded by: Vote:

Appointments Committee Agenda

For April 6, 2015 @ 6:30 PM


Warwick, RI 02886

Chair Person: Councilwoman Usler Member: Councilman Ladouceur Member: Councilman Colantuono Time Started: Time Ended:

1. Appointments Requiring Confirmation

Zoning Board of Review 1. Donald Morash

14 Chevy Court Warwick, RI 02886 Ward 9 Expires: Jan 1, 2020 (Re-appointment)


Vote:

2. Mark P. McKenney 22 Eleventh Avenue Warwick, RI 02886 Ward 6 (Vice-Attillio Iacobucci) Expires: Jan 1, 2016


Vote:

TOURISM ADVISORY BOARD 1. Sue Gallogly Director of Sales and Marketing

Courtyard by Marriott 55 Jefferson Park Road Warwick, RI 02888 Ward 3 (Vice- Kevin J. Buchanan) Expires: Sept. 1 2015 Committee Report: (Appointments): Action: Moved by: Seconded by:

Vote:

SEWER BOARD OF REVIEW

1. Carter Thomas 39 Noyes Street Warwick, RI 02886 Ward 7 (Re-appointment) Expires: April 1, 2018


Vote:

2. Jonathan Pratt 85 Hawthorne Avenue Warwick, RI 02886 Ward 6 (Re-appointment) Expires: April 1, 2018


Vote: HISTORIC DISTRICT COMMISSION

1. Carol Pratt 29 Chapmans Avenue Warwick, RI 02886 Ward 7 (Re-appointment) Expires: April 1, 2018


Vote:

2. Maxwell R. Pounder 18 South Fair Street Warwick, RI 02888 Ward 1 (Re-appointment) Expires: April 1, 2018


Vote:

3. Barry OBrien 9 Globe Street Warwick, RI 02886 Ward 8 (Re-appointment) Expires: April 1, 2018


Vote:

CONSENT CALENDAR BIDS FOR

April 6, 2015

PCR-37-15 BID:

1. 2009-280 E. Greenwich Yard Waste Pilot Program COMMITTEE REPORT (FINANCE):

ACTION: MOVED BY: SECONDED BY: VOTE:

2. 2015-193 State of RI Asbestos Removal COMMITTEE REPORT (FINANCE):


3. 2015-244 Purchase of One (1) 2015 or Newer Model High Compaction Rear-Loader Sanitation Vehicle (Re-bid)

COMMITTEE REPORT (FINANCE):


4. 2015-247 Athletic Field Marking Paint ACTION: MOVED BY: SECONDED BY: VOTE:

5. 2015-270 Taser Cartridges and Equipment ACTION: MOVED BY: SECONDED BY: VOTE:

6. 2015-277 RAE Instrument Certification Course ACTION: MOVED BY: SECONDED BY: VOTE:

7. 2015-278 FDIC Conference ACTION: MOVED BY: SECONDED BY: VOTE:

8. 2015-276 State of RI Crack Sealing Limited Access ACTION: MOVED BY: SECONDED BY: VOTE:

PCO-7-15THE CITY OF WARWICKSTATE 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 herebyamended 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 issueConcealed Carry Weapons (CCW) permits; and as qualified applicants are law abiding citizenstrained and certified in the use of firearms they must be treated with dignity and respect as theyengage in the legal right to seek said permit; while the Board of Public Safety has the power toregulate the issuance of CCW permits for the City of Warwick, it is critical to ensure proceduresand standards are not imposed in an overly broad or arbitrary manner; Warwick residents andbusiness owners who meet the criteria set forth by the State of RI must be ensured a timely, fairand consistent process to apply for a CCW permit through our municipal licensing authority; inan effort to promote transparency in government, avoid any misunderstandings, and protectapplicants right to due process, applicants who are denied a CCW permit must be notified of thereason(s) for disapproval in a timely, written manner; and some inconsistencies in the processingof CCW permits have provided a general impression that the City of Warwick may periodicallyengage in illegal gun control practices in contradiction to R.I.G.L. 11-47-11.(b) The Warwick Board of Public Safety shall adhere to the following procedures in consideringthe application and issuance of CCW permits:

The Warwick Board of Public Safety (a.k.a. The Board), as the licensing authority forthe 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 andmeet the following criteria:

Have a bona fide residence or place of business within the City of Warwickverified by either the Warwick Board of Canvassers, Warwick Department ofTaxation or the Warwick Chief of Police, orHave a bona fide residence within the United States and a license or permit tocarry a pistol or revolver concealed upon his or her person issued by theauthorities of any other state or subdivision of the United States.

Per R.I.G.L. 11-47-11, The Board shall issue a permit to an applicant to carry a pistol orrevolver concealed upon his/her person everywhere within this state for four (4) yearsfrom date of issue. This permit shall not contain any restrictions, however State and

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from date of issue. This permit shall not contain any restrictions, however State andFederal law shall still apply. The permit shall be issued to the applicant if

It appears that the applicant has good reason to fear an injury to his or her personor property, or The applicant has any other proper reason for carrying a pistol or revolver, and He or she is a suitable person to be so licensed.

An applicant is not required to present a purpose or need beyond what is called for inR.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. No line ofquestioning by The Board during the interview process will call for speculation as to howthe applicant may alter his or her actions to negate the request/use of a CCW permit.

The Board will review the completed application along with three letters of reference anda Background Criminal Investigation (BCI) within 60 calendar days of receipt. Letters ofreference shall only be required for new, not renewal, permit applications. Applicants arerequired to appear before The Board for a personal interview. The specific reason(s) fordenying a CCW permit must be provided in writing by registered mail within 10 businessdays of conducting the interview or the permit shall be automatically issued. Legitimate reasons for an applicant to be deemed unsuitable to be licensed are as follows:

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

Have been committed, either voluntarily or involuntarily, for the abuse of acontrolled dangerous substance, or been found guilty of, or entered a plea ofguilty or nolo contendere to a misdemeanor under RI General laws or similar lawsof any other state relating to a controlled dangerous substance within a five-yearperiod immediately preceding the date on which the application is submitted, orbe presently charged under indictment or a bill of information for such an offense.Found guilty of, or entered a plea of guilty or nolo contendere to operating avehicle while intoxicated, or has been admitted, either voluntarily or involuntarily,for treatment as an alcoholic, within the five-year period immediately precedingthe date on which the application is submitted, or at any time after the applicationhas been submitted. Entered a plea of guilty or nolo contendere to or been found guilty of a crime ofviolence, including domestic abuse, at the misdemeanor level, unless five yearshave elapsed since completion of sentence or any other conditions set by the courthave been fulfilled, or unless the conviction was set aside and the prosecutiondismissed, prior to the date on which the application is submitted.

Been convicted of, have entered a plea of guilty or nolo contendere to, or becharged under indictment or a bill of information for any crime of violence or anycrime punishable by imprisonment for a term of one year or greater. Is a fugitive from justice.

Released from active or reserve duty from the Armed Forces of the United Stateswith a discharge characterized as Bad Conduct Discharge, or a DishonorableDischarge. In the case of Commissioned Officers and Warrant Officers of theUnited States Armed Forces, the punishment of Dismissal rendered subject to averdict of guilty at a trial by military court-martial is deemed to bedisqualifying under this paragraph. For the purposes of this Paragraph, the United

a.

b.

c.

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5.

a.

b.

c.

d.

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disqualifying under this paragraph. For the purposes of this Paragraph, the UnitedStates Coast Guard is considered an Armed Force.

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

Had a permit revoked by The Board within four years prior to the most recentapplication.

Notwithstanding any other chapter or section of the general laws of the state of RhodeIsland, The Board shall not provide or release to any individual, firm, association orcorporation the name, address, or date of birth of any person who has held or currentlyholds a license or permit to carry a concealed pistol or revolver. This section shall not beconstrued 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 ofinformation to parties involved in any prosecution of 11-47-8 or in response to a lawfulsubpoena in any criminal or civil action which the person is a party to that action.

Warwick ordinance 40-1(19) Disorderly Conduct is the prevailing law for thoseindividuals issued a CCW permit unless circumstances necessitates the gun owner to nolonger keep his or her weapon concealed.

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

SPONSORED BY: COUNCILWOMAN VELLA-WILKINSON COMMITTEE: PUBLIC SAFETY

i.

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7.


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


CHAPTER 18

FEES

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

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

Be it ordained by the City of Warwick: Section I. Chapter 8 of the Code of Ordinances of the City of Warwick is hereby amended toadd the following: Sec. 18-10. - Building permit fees.(a) A permit to begin work for new construction, alteration, removal, demolition or otherbuilding operation shall not be issued until the fees prescribed in this section shall have been paidto the department of building inspection or other authorized agency of the city, nor shall anamendment to a permit necessitating an additional fee because of an increase in the estimatedcost of the work involved be approved until the additional fee shall have been paid.(b) Schedule of permit fees: Building permit fees are to be based on the valuation of the currentconstruction cost as follows:Valuation MethodResidential Valuation Formula Cost Per Square FootMain floor .....$50.00Second floor .....45.00Finished basement .....20.00Unfinished first or second floor .....25.00Second floor addition .....50.00Garage .....15.00Enclosed or screened porch or breezeway .....20.00Second floor addition .....50.00Open porch .....15.00Deck .....10.00Shed and carport .....10.002 Story, Slab on GradeSlab on grade .....No fee1st floorUnfinished/storage .....25.001st floorFinished at a later date .....20.001st floorFinished at time of application .....45.002nd floorFinished .....50.00

2nd floorFinished .....50.00Raised RanchUnfinished basement/storage .....No feeFinished basement .....20.00Upper level .....50.00Commercial Valuation Formula: BOCA cost index based on use and type of construction:December, 1997.Special inspections:Inspections that are required above the normal required inspections will be:Residential, per inspection .....$25.00Commercial, per inspection .....50.00Signs: $10.00, plus $1.00 per square foot in excess of ten square feetCertificate of occupancy:Residential .....$25.00Commercial .....50.00Licenses .....50.00Existing structures (per State Building Code) .....150.00Permit Fee Schedule

0500.00 $30.00501.0010,000.00 $30.00 plus $10.00 for each $1,000.00 over $1,001.00 and not over

$10,000.0010,001.0020,000.00 $130.00 plus $6.00 for each $1,000.00 over $10,001.00 and not over





$100,000.00100,001.00500,000.00

$780.00 plus $8.00 for each $1,000.00 over $100,001.00 and not over$500,000.00

500,001.00 and over $3,980.00 plus $9.00 for each $1,000.00 over $500,001.00

(c) Special fees [shall be as follows]:(1) Reinspections .....$25.00(2) Demolitions .....75.00(3) Late applications .....150.00(d) Plan review fee. In addition to the fees listed in subsection (b) of this section, a plan reviewfee, at the discretion of the building inspector, shall be paid, at the time of application, wheneverany application for a building permit is made for work valued at $50,000.00 or more. This feeshall be equal to one-third of the permit fee calculated in accordance with the schedule of permitfees listed in subsection (b) of this section, but in no case shall such fee exceed $2,000.00. If forany reason the fees listed in subsection (b) of this section are not paid within six months from thedate of application, plan review fees provided for in this subsection shall be forfeited to the city.

$500 or less $ 30 $13,000 $ 148

$500 or less $ 30 $13,000 $ 148$1,000 $ 40 $14,000 $ 154$2,000 $ 50 $15,000 $ 160$3,000 $ 60 $16,000 $ 166$4,000 $ 70 $17,000 $ 172$5,000 $ 80 $18,000 $ 178$6,000 $ 90 $19,000 $ 184$7,000 $ 100 $20,000 $ 190$8,000 $ 110 $21,000 $ 197$9,000 $ 120 $22,000 $ 204

$10,000 $ 130 $23,000 $ 211$11,000 $ 136 $24,000 $ 218$12,000 $ 142 $25,000 $ 225

$25,001 to $50,000 $225 plus $8 for each $1,000 over $25,001 and not over $50,000$50,001 to $100,000 $425 plus $7 for each $1,000 over $50,001 and not over $100,000$100,001 to $250,000 $775 plus $6.5 for each $1000 over $100,001 and not over $250,000$250,001 to $500,000 $1625 plus $6 for each $1000 over $250,001 and not over $500,000$500,001 and over $3250 plus $5.5 for each $1000 over $500,001 Signs: $10 plus $1.00 per sq C in excess of 10 square C Certicate of Occupancy: ResidenJal $25.00 Commercial $50.00 Special Fees: Re-inspecJons $25.00 DemoliJons $75.00 Late Apps $250/$500 (perSecJon 8-1 Penalty for failure to obtain building permit of the Code of Ordinances) ** For projects with a construction value greater than $100,000.00, one third (1/3) of the estimatedcost of the building permit fee is due upon submission of the building permit application. Theremainder of the building permit fee shall be paid upon the issuance of the building permit. **

Permit Fees based on valuation of current construction cost**Note** Add .001 x valuation for CE/ADA fee (rounded up)

$50 maximum for residential only Section II. This Ordinance shall take effect upon passage and publication as prescribed by law.

SPONSORED BY: COUNCILMAN COLANTUONOCOUNCIL PRESIDENT TRAVISCOUNCILWOMEN VELLA-WILKINSONOn behalf of MAYOR AVEDISIAN



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


PCR-24-15

THE CITY OF WARWICKSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

RESOLUTION OF THE CITY COUNCIL

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

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

RESOLUTION TO THE GENERAL ASSEMBLY SUPPORTINGAMENDMENTS TO THE ENABLING ACT FOR

THE WARWICK SEWER AUTHORITY

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 Warwick Sewer Authority (WSA) desires to make improvements in the

manner and methods used to provide wastewater collection and treatment service to the City ofWarwick, especially with respect to sewer assessments for new sewer construction; and

WHEREAS, the WSA is limited to certain means and methods under its current enablinglegislation; and

WHEREAS, the WSA believes that changes to the enabling legislation are warranted forthe purposes of modernizing and clarifying its language as well as addressing issues that theWSA is trying to resolve in a fair and equitable manner; and

WHEREAS, the Warwick City Council supports the amendments to the enablinglegislation for the WSA as set forth in the document attached hereto.

NOW THEREFORE, BE IT RESOLVED the Warwick City Council hereby endorses theamendments to the enabling legislation for the Warwick Sewer Authority as set forth in thedocument attached hereto.

The City Clerk is hereby directed to forward a copy of this Resolution to theSenators and Representatives from the City of Warwick.

This Resolution shall take effect upon passage.

SPONSORED BY: COUNCILMAN LADOUCEUR

COMMITTEE: INTERGOVERMENTAL

PCR-42-15

THE CITY OF WARWICKSTATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS


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

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

RESOLUTION TO THE GENERAL ASSEMBLY OPPOSING SENATE BILL

2015 S 0071 AND HOUSE BILL 2015 H 5362 REGARDINGLICENSE PLATES OF PURPLE HEART RECIPIENTS

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, General George Washington desired to motivate and honor military

members for "instances of unusual gallantry", "extraordinary fidelity" and "essential serviceduring the American Revolutionary War; and

WHEREAS, The Badge of Military Merit, which became the Purple Heart, is the oldestknown United States military decoration still in use, was created by General Washington and wasfirst reported by the Providence Gazette and Country Journal August 31st 1782; and

WHEREAS, The Purple Heart is conferred upon US combat veterans for several reasons:wounded on the world's battlefields as a direct result of hostile enemy action, wounded whileserving our country in uniform; POWs injured or wounded as a result of individually directedconflict with or punishment from their captor in violation of any article of the GenevaConvention Rules of Warfare Concerning the Treatment of Prisoners of War whether or not thecaptor's government is a signatory to the Convention; and those wounded/injured as a directresult of friendly fire during a hostile encounter, or initiative with, or in response to an enemywhile engaging with, responding to, or attacking an enemy; and

WHEREAS, United States military medals hold an exalted place in our society; and

WHEREAS, Military members residing in the State of Rhode Island who were awardedthe Purple Heart are eligible for a vanity plate that identifies them as a "Purple Heart" recipient,for which there is no registration or renewal fee and the vanity plate is cost free; and

WHEREAS, the veteran who sustained the direct impact of an action that qualifiedhim/her for being awarded "The Purple Heart" and the veteran's spouse earned the respect of themilitary community for "essential service" to the veteran and by extension to our country, RIGL31-3-48 permits a Purple Heart license plate to be transferred to a surviving spouse for his/herlifetime or until that surviving spouse remarries; and

WHEREAS, amending the law to permit transferring the Purple Heart vanity plate to a

surviving relative in cases where there is no surviving spouse would reduce the prestige our

surviving relative in cases where there is no surviving spouse would reduce the prestige ourState wanted to bestow upon the military recipients and their spouses as well as denigrate theaward of the medal to the status of a club that family members could join through secondarylinkage and is an insult to the history of the Order of the Purple Heart.

NOW THEREFORE, BE IT RESOLVED the Warwick City Council is in firm oppositionto the passage of Senate Bill 2015 S 0071 and House Bill 2015 H5362..

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

This Resolution shall take effect upon passage.

SPONSORED BY: COUNCILWOMAN VELLA-WILKINSON

COMMITTEE: INTERGOVERMENTAL

PCR-09-15

CITY OF WARWICK

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS


NO: ______________________

APPROVED: ________________________________________________MAYOR

DATE: ________________________________________ RESOLVED, That The City Council of the City of Warwick as required by the provisions ofSections 6-11 and 6-12 of the City Charter and the Ordinance relative to competitive bidding onpurchase enacted there under hereby and herewith approves the acceptance of the followingbid(s):

Bid

# NameVendor(s)

Name/AddressContractPeriod

ContractAward Note Code

2015

-140

Purchase & Install 3Handicap Door Openers at

Pilgrim Senior Center

New England SchoolServices, Inc.98 Hicks Ave.

Medford, MA 02155 $5,888.00

AND BE IT FURTHER RESOLVED, That such purchase or contract be awarded to the lowestresponsible bidder.

THIS RESOLUTION SHALL TAKE EFFECT UPON ITS PASSAGE

Final Approved 3/23/2015

APPROVED VERSION (8-1 vote of City Council Sewer Review Commission, 3/23/15) Sec. 2.1. - Authority to plan, etc., sewage works; definitions; bonding authorized; 1 sewer charge, assessment authorized. 2

The city of Warwick is authorized and empowered, in accordance with the provisions 3 of this act, to plan, lay out, construct, finance, operate and maintain sewage works for a part 4 or the whole of its territory and for such purposes to take by eminent domain or otherwise 5 any lands, water rights, rights-of-way, or easements, public or private, in said city necessary 6 for accomplishing any purpose mentioned in this act. Such sewage works may include 7 sewers and sewer service connections, pumping stations, sewage treatment works, sewage 8 disposal works, and other works essential to the proper collection, treatment, and disposal of 9 the sewage of said city. 10

As used in this act, unless the context otherwise requires: 11

"Authority" means the sewer authority authorized by this act. 12

Cesspool means any buried chamber other than an on-site wastewater treatment 13 system (OWTS), including, but not limited to, any metal tank, perforated concrete vault or 14 covered hollow or excavation, which receives discharges of sanitary sewage from a building 15 for the purpose of collecting solids and discharging liquids to the surrounding soil. 16

"City" means the City of Warwick. 17

"City Council" means the city council of the City of Warwick. 18

"Common sewer" means a sewer in which all abutters have equal rights of entrance 19 and use. 20

Connect Capable means any parcel containing an inhabitable dwelling located 21 within the authoritys sewer service area, abutting a main sewer. 22

"Cooling water" shall include the clean waste water from air conditioning, industrial 23 cooling, condensing and similar apparatus and from hydraulically powered equipment. In 24 general, cooling water will include only water which is sufficiently clean and unpolluted to 25 admit of being discharged, without treatment or purification, into any natural open stream or 26 watercourse without offense. 27

"Force Main" means a sewer wherein sewage is moved by pressure. 28


"Highways" means any state or other highway and any public street, alley, park, 29 parkway, driveway, bridge or public place. 30

"Industrial wastes" shall include the liquid or water carried wastes of any industrial 31 process not clearly included within the definitions of sanitary sewage, storm water, cooling 32 water or seepage or subsoil drainage herein. In general, waste waters carrying any quantity 33 of oils, grease, fats, abrasives, chemicals, residues of manufacturing processes, wastes from 34 commercial food preserving or canning, from slaughter houses or meat processing plants, 35 and similar substances, whether dissolved, in suspension, or mechanically carried by water, 36 shall be considered as industrial wastes. 37

"Land" means and includes any land, including buildings and other improvements 38 thereon, estate, riparian or other rights, easemensts, interests or waterways. 39

"Lateral sewer" means a sewer which does not receive the sewage from any other 40 common sewer. 41

"Main sewer" means a sewer into which the sewage from two or more sub-main 42 sewers is discharged. 43

"Mayor" means the mayor of the City of Warwick. 44

On-Site Wastewater Treatment System (OWTS) means any system of piping, 45 tanks, dispersal areas, alternative toilets or other facilities designed to function as a unit 46 to convey, store, treat or disperse wastewater by means other than discharge into a 47 public wastewater system. 48

Parcel means a part, portion or tract of land and whatever is erected, attached, 49 growing upon or affixed to the land. 50

Quorum means a majority of the members of the authority. 51

"Sewage" shall mean waste water, water carried wastes, or a combination of them, 52 discharged into and conveyed by sewers or intended or customarily so discharged and 53 conveyed. Sewage may be further classified as sanitary or industrialfollows:. 54

"Sanitary sewage" shall mean the common waste water and water carried wastes 55 from human dwellings and from toilet and lavatory fixtures, kitchen, laundries and similar 56 facilities of business and industrial buildings. In general, sanitary sewage shall not include 57 storm water from roofs, yards, streets or open spaces, water from land surfaces or brooks, 58 clean waste or overflows from springs, wells, or subsoil drainage, large volumes of clean 59 water from air conditioning or other cooling or condensing facilities, clean waste water from 60


hydraulically operated contrivances and those wastes included within the definition of 61 "industrial waste" next following. 62

"Industrial wastes" shall include the liquid or water carried wastes of any industrial 63 process not clearly included within the definitions of sanitary sewage, storm water, cooling 64 water or subsoil drainage herein. In general, waste waters carrying any quantity of oils, 65 grease, fats, abrasives, chemicals, residues of manufacturing processes, wastes from 66 commercial food preserving or canning, from slaughter houses or meat processing plants, 67 and similar substances, whether dissolved, in suspension, or mechanically carried by water, 68 shall be considered as industrial wastes. 69

"Seepage" or "subsoil drainage" shall include water from the soil percolating into 70 subsoil drains and through foundation walls, basement floors, or underground pipes or from 71 similar sources. 72

"Sewage works" means all constructions for collection, transportation, pumping, 73 treatment and final disposition of sewage. 74

Sewer Assessment means the rate or charge for the construction of the sewers and 75 sewer systems set by a method(s) adopted by the authority that bears a reasonable relation 76 to the costs of construction to the city and authority of the service rendered to the users, 77 including but not limited to costs related to engineering, inspections, land purchases, paving, 78 and financing. 79

"Sewer service connection" means a pipe and any associated appurtenances to 80 convey sewage and wastes from the property line of a parcel a building to a common sewer. 81

"Storm water" shall include the runoff or discharge of rain and melted snow or other 82 clean water from roofs, surfaces of public or private landsparcels or elsewhere. For most 83 purposes within the scope of this ordinance, storm water shall not include the flow of any 84 natural brook, rivulet or stream even if the source of such water is storm runoff from land 85 parcels, land or other property once that runoff has entered the channel of such brook or 86 natural watercourse. In general, storm water shall include only water which is sufficiently 87 clean and unpolluted to admit of being discharged, without treatment or purification, into any 88 natural open stream or watercourse without offense. 89

"Sub-main sewer" means a sewer into which the sewage from two or more lateral 90 sewers is discharged. 91

Undeveloped means any parcel of land which has not been built upon or otherwise 92 lacks inhabitable buildings or structures. 93


User Charges means rates, charges and/or fees levied on the users of the 94 wastewater collection and treatment system related to the costs of operation, maintenance, 95 repair and replacement of the wastewater collection and treatment system. 96

The City of Warwick may provide for the construction of sewers and for other sewage 97 works for said city and may raise funds therefor by borrowing or otherwise, and for that 98 purpose may issue bonds or notes for the city in accordance with the provisions hereinafter 99 stated or under other authority. 100

The sewer authority shall provide that annualuser charges shall be made upon the 101 owners of the landsparcels using the sewageer works and that sewer assessments shall be 102 made upon the owners of lands parcels for which the use of sewage works is available. The 103 sewer authority may further provide that connect capable charges shall be made upon 104 connect capable property parcel owners whose property parcel is abutting on that portion of 105 any highway in which a common sewer is laid, while said parcelproperty remains 106 unconnected to the city's sewage workssystem. The receipts from annualuser charges, 107 sewer assessments and connect capable charges shall be appropriated for and applied to 108 the payment of the charges and expenses incident to the planning, construction, financing, 109 operation, maintenance, repair, renewal and replacement costs of the sewage works, and to 110 the payment of principal and interest costs for any bonds or notes issued or outstanding for 111 the sewage works, and any deficiency of said receipts in any year for said purposes shall be 112 made by the city tax pending the authority in the next fiscal year eliminating said deficiency 113 and reimbursing the city for any moneys advanced through the increasing of the rates 114 established for annualuser charges and/or connect capable charges. 115

(P.L. 1962, ch. 254, 1; P.L. 1988, ch. 479, 1; P.L. 1991, ch. 86, 1; P.L. 1998, ch. 39, 1(1)) 116

Sec. 2.2. - Sewer authority. 117 There shall be a bi-partisan sewer authority for the city consisting of five (5) qualified 118

electors of the city, not more than three (3) of whom shall be members of the same political 119 party, to be appointed by the mayor subject to confirmation by the city council. It shall be the 120 purpose of the sewer authority to provide wastewater collection and treatment services to the 121 City of Warwick in a cost effective and environmentally sound manner. Upon passage of this 122 act, tThe mayor, within eighty (80) days thereafter, shall appoint the five (5) members of the 123 authority, two (2) of each from lists of not less than three (3) ten (10) names submitted by the 124 respective chairman of the city political committees and one (1) member without party 125 designation; one (1) member to hold office until one (1) year from the first day of February 126 preceding said appointment, one (1) member to hold office until two (2) years from the first 127 day of February preceding said appointment, one (1) member to hold office until three (3) 128 years from the first day of February preceding said appointment, one (1) member to hold 129 office until four (4) years from the first day of February preceding said appointment, and one 130 (1) member to hold office until five (5) years from the first day of February preceding said 131


appointment, and Iin the month of January preceding the expiration of the term of each of 132 said the authoritys members, the mayor shall appoint one (1) member to succeed the 133 member whose term will next expire to hold office for the term of five (5) years from the first 134 day of February next after his appointment and until his successor is appointed and qualified 135 in the same manner as provided in the original appointment for such term. In case any 136 person appointed as a member of said authority shall decline to serve or neglect to qualify 137 within ten (10) days after his appointment, or a vacancy shall occur in said authority for any 138 other cause, the mayor, within thirty (30) days shall appoint some person to fill such vacancy 139 for the unexpired term in the same manner as provided in the original appointment for such 140 term. A person holding any other office of emolument or profit under the government of the 141 city shall not be eligible to membership on the authority and if any member of said authority 142 shall accept any such office or shall remove from the city, his place on the authority shall 143 immediately become vacant. The members of the authority shall be severally sworn to the 144 faithful performance of their duties under this act. They shall elect from among their 145 members a chairman and a secretary at the first meeting after the organization and upon the 146 appointment of any new member for a full term and shall fill any vacancy that may occur in 147 either office from any cause. A majority of the members of the authority shall constitute a 148 quorum for the transaction of business. The mayor may remove any member of the authority 149 from office for cause shown after a hearing before the city council of which such member 150 shall be given seven (7) days' notice in writing. 151

The mayor, with the advice and consent of the city council, shall fix the compensation 152 of the members of the authority and shall annually appropriate a sum sufficient to pay the 153 same together with a sum sufficient for office expenses. 154

The authority may adopt by-laws governing the transaction of business by an 155 affirmative majority vote of at least four (4) all voting members, but no such by-laws shall 156 authorize any action by the authority except by the affirmativea majority vote of at least three 157 (3) quorum of voting members. thereof and with the advice and consent of the mayor. 158

The authority appointed by the provisions of this section, until the remaining sections 159 of this act take effect upon acceptance by referendum as further provided herein, shall have 160 the following interim powers and duties: 161

The authority shall review the sewer survey (Facilities Plan) in order to develop 162 procedures for the implementation of the general sewer program and to conduct preliminary 163 studies in order to execute the administrative details contained in this act. 164

Such activities may include: 165

(a) 166 The planning and programming of the various phases of the sewer project, 167 and 168


(b) 169

A review of the procedures of various financing programs in terms of charges 170 and assessments to be instituted upon the commencement of the 171 construction of sewers, and 172

(c) 173

An establishment and exercise of a public information program. 174

The members of the authority and their duly authorized agents may enter upon any 175 premises within the city to examine, inspect or survey the same, whenever necessary for the 176 performance of their duties under this act. 177

(P.L. 1962, ch. 254, 2; P.L. 1988, ch. 479, 2; P.L. 1991, ch. 86, 2) 178 Cross reference For salary of members of sewer authority, see 64-5 of the Code of Ordinances. 179

Sec. 2.3. - Preparation of plans; public hearing; reports; specifications; 180 estimates. 181

Without in any way limiting the authority of said the city to provide sewers anywhere 182 within the territorial limits of the city, the sewer authority, with the advice and consent of the 183 mayor, may authorize the construction, maintenance, and operation of sewage works from 184 time to time in different areas or sections of the city. The authority shall proceed to prepare 185 construction plans, specifications and cost estimates of sewage works for the city, or any 186 portion thereof, allowing the streets and highways in which the sewers will be placed and the 187 location of other sewage works to be placed outside of the street and highway limits. The 188 authority shall also prepare, or have prepared, a report describing the proposed sewage 189 works and a complete estimate of costs therefor. 190

When such plans, specifications, report and estimates are completed or at other 191 times in the development stages, they the authority shall cause to be held a public hearing 192 pursuant to the authoritys rules and procedures. Notice of the hearing shall be published in a 193 public newspaper having circulation in the City of Warwick at least five (5) days prior to the 194 hearing. 195

The finance director, with the consent of the mayor and a requisition approvedsigned 196 by a majority of the authority and signed by the authoritys chairman, shall appropriate a sum 197 sufficient to pay the cost of preparing the plans, specifications, report and estimates provided 198 for in this section, to be expended by the authority, and to be paid by the city treasurer upon 199 vouchers approved by the mayor and a majority of the authority and the finance director, and 200 the city treasurer shall repay the treasury any sums so expended whenever sewer bonds or 201 notes are issued as hereinafter provided. 202

In the preparation of plans, specifications, reports and estimates provided in this 203 section, the authority may, with the consent of the mayor, from time to time employ and fix 204


the compensation of such consulting engineers, legal advisers, and other professional 205 experts, and such other employees as it may find necessary and may discontinue the 206 employment of any or all such employees. 207

(P.L. 1962, ch. 254, 3; P.L. 1988, ch. 479, 3; P.L. 1991, ch. 86, 3) 208

209 Sec. 2.4. - Construction of works; contracts; operation and maintenance of 210 works; employment of professionals; records; minutes. 211

Upon the completion of a public hearing of the plans, specifications, reports and 212 estimates as provided in section 3 [2.3] hereof, the sewer authority, with the advice and 213 consent of the mayor, shall proceed as soon as may be practicable to carry out construction 214 work contemplated by the plans aforesaid. The authority, with the advice and consent of the 215 mayor, shall be vested with full authority to construct sewage works for said the city and to 216 make for and on behalf of the city all necessary contracts for construction and for the 217 purchase of property. , The authority may purchase any supplies and equipment for the 218 construction, operation and maintenance of any sewage works. All work, supplies, materials 219 and equipment required by the authority in connection with the construction of the sewage 220 works shall be procured by contract made pursuant to and in manner required by the 221 provisions hereof.. For all contracts involving more than five thousand dollars ($5,000), 222 except in the case of legal services, the services of consulting engineers and other 223 professional services, said the authority shall not issue purchase orders without obtaining the 224 prior consent of the mayor and thereafter filing a monthly report of such contracts and 225 purchase orders with the mayor and city council. The operation, maintenance and repairation 226 of said the sewage works shall be vested in the authority. 227

The authority, with the advice and consent of the mayor, may from time to time 228 employ and fix the compensation of such professional engineers, legal advisors, surveyors, 229 draftsmen, clerks, and other employees as it may find necessary for the construction, 230 operation, maintenance and repair of said the sewage works, and may at any time 231 discontinue the employment of any or all such employees subject to compliance with the 232 rules and regulations of the city's personnel administration. The authority shall cause to be 233 kept a record of all its accounts and proceedings and an accurate account of all its 234 transactions, and shall annually, and at such other times as directed by the mayor or the city 235 council, report to the mayor and city council its doings and make a report in detail of its 236 financial accounts. The authority shall keep minutes of all its proceedings showing the vote 237 of each member upon each question or if such member be absent or fails to vote, indicating 238 such fact; and shall keep records of its examinations and of other official actions, all of which 239 shall be filed and shall be a public record. 240

(P.L. 1988, ch. 479, 4; P.L. 1991, ch. 86, 4; P.L. 1998, ch. 39, 1(4)) 241


Secs. 2.52.7. - Reserved. 242 Editor's note 243

Section 1 of ch. 39 of the Public Laws of 1998 deleted former 2.52.7 in their entirety. 244 Formerly, said sections pertained to authority authorized to borrow up to four million, 245 issuance of bonds, notes, terms and conditions of bond, notes, disbursement of 246 funds; authority to issue temporary notes for temporary borrowing; and serial bonds 247 or notes generally, and derived from P.L. 1962, ch. 254, 57; P.L. 1988, ch. 479, 248 5, 6; and P.L. 1991, ch. 86, 5. 249

Sec. 2.8. - Custody and accounting of funds raised by bonding or notes. 250 The proceeds arising from the sale of any bonds or notes issued under authority of 251

this act shall be delivered to the city treasurer and shall be kept by him in separate accounts 252 and shall be expended only for the purposes and in the manner prescribed by this act, 253 provided that the proceeds of the sale of any issue of serial bonds or notes shall first be 254 applied to the payment of such temporary notes as may have been issued in anticipation of 255 such issue, and provided further that any premium received over the par value of the serial 256 bonds or notes of any issue, less the cost of preparing, issuing and marketing such serial 257 bonds or notes shall be applied to the payment of the principal of the first bonds or notes of 258 such issue first to mature. 259

(P.L. 1962, ch. 254, 8) 260

Sec. 2.9. - Apportionment of costs; sewer assessments and charges; 261 enforcement of charges and assessments. 262

The authority, with the advice and consent of the mayor, shall prescribe just and 263 equitable sewer assessment rates on account of the construction costs, to be levied against 264 owners of property parcels abutting on that portion of any highway in which a common sewer 265 is laid under this act and also rates of annualuser and connect capable charges on account 266 of operation and maintenance costs, renewal and replacement funding and the cost of 267 principal and interest for any bonds or notes issued for sewage works, to be levied against 268 owners of property parcels which areis or could be connected to a common sewer. 269

Such assessments, annualuser and connect capable charges herein referred [to] 270 shall be paid by every property parcel owner or institution whose parcelproperty is or can be 271 connected to the city sewage works, in a manner prescribed by the authority, with the 272 approval of the mayor and the finance director. 273

Notwithstanding the foregoing, the authority shall have discretion tomay defer sewer 274 assessments against parcels of land that are undeveloped or not underdeveloped to the 275 extent permissible by City zoning ordinances provided that such parcels remain subject to 276


assessment upon the earlier to occur of either, (i) development or redevelopment of such 277 parcels in accordance with the authoritys rules and regulations. of land; or (ii) twenty (20) 278 years from the date of initial assessment. Similarly, tThe authority shall have discretion 279 tomay defer sewer assessments against any parcels, of land if the owner of such a parcel, 280 within seven (7) years of the date of the sewer assessment, has installed a new OWTSseptic 281 system within twenty (20) years of sewer service initially becoming operational, provided that 282 such parcel shall remain subject to assessment and shall begin paying such assessment at 283 twenty (20) least seven (7) years from the date of the installation of the OWTS or upon 284 connection to the sewer system, whichever occurs firstinitial assessment. 285

The sewer assessments may shall be determined by a method(s) adopted by the 286 sewer authority that assesses charges for use of the sewers and sewer systems in an 287 amount that bears a reasonable relation to the cost of construction to the city and authority of 288 the service rendered to the users, which method(s) may include but is not limited to. 289 according to the frontage along the highway of each parcel of land abutting on a common 290 sewer, or according to the area of such land within a fixed depth from the highway, or 291 according other alternative methods to both such frontage and area. The sewer authority 292 with the advice and consent of the mayor may, from time to time, redetermine the rates fixed 293 for sewer assessments, if construction costs warrants, and may redetermine rates for 294 annualuser and connect capable charges if costs so warrant. 295

The sewer assessments herein referred to shall be paid by every property parcel 296 owner or institution whose property parcel is abutting on that portion of any highway in which 297 a common sewer is laid under this act or is connected to the city's sewage works. In the case 298 of property connected to the City's sewage works where that property is not abutting on any 299 highway in which a common sewer is laid, the property will be assessed in the same manner 300 as if the common sewer were abutting the highway to which the property is connected in a 301 manner consistent with this Act. 302

Sewer assessments levied hereunder may be paid in as many as thirtytwenty (320) 303 annual installments in accordance with the terms of the loan secured for sewer construction, 304 upon application by the property parcel owner and approval of the sewer authority. In the 305 case of installment payments, interest at a rate not to exceed four percent (4%) per annum 306 for assessment in effect prior to June 30, 1988, and for assessments established thereafter a 307 maximum rate of 1.25% above the average interest rate the authority is charged on the loan 308 that is not to exceed nine percent (9%) per annumreasonably related to the interest rate 309 charged to the city or sewer authority to borrow money used to fund the construction of the 310 sewersservice rendered to the users shall be charged annually on the unpaid balance of the 311 total sewer assessment. Such annual installment payments may be paid on a quarterly 312 basis. 313


Sewer assessments shall be levied at a uniform rate based upon the finalestimated 314 cost of constructing all sewers, sewer service connections and other sewage works 315 belonging to the city. Sewer assessment revenues shall be used for the payment of the 316 principal and interest costs for any bonds or notes issued for sewage works. 317

AnnualUser charges shall be levied upon every property parcel owner or institution 318 whose property parcel is connected to the city's sewage system. The charnge will be 319 computed based upon water consumption or other factors deemed equitable by the sewer 320 authority. The annualuser charge shallshould be set at a level sufficient to support operation 321 and maintenance costs of the sewer system and the wastewater treatment plant, the renewal 322 and replacement fund and the principal and interest for any bonds or notes issued for 323 sewage works. The revenues to be raised by annualuser charges will be reduced by 324 revenues generated by sewer assessments and connect capable fees. 325

Connect capable charges may be levied in lieu of user charges upon every 326 parcelproperty owner or institution whose property parcel is abutting on that portion of any 327 highway in which a common sewer is laid while said property parcel is not connected to the 328 aforementioned sewerage system, but is capable of doing so. The charge will be established 329 at a level determined by the sewer authority to recover an equitable portion of the principal 330 for any bonds or notes issued for sewerage works and renewal and replacement funding, 331 and shall be subject to consent by the mayor and the Warwick City Council. 332

The authority shall annually certify to the finance director and to the mayor all the 333 charges and sewer assessments made by it under the authority of this act. Each charge or 334 assessment made by said the authority pursuant to this act shall be a lien upon the parcels, 335 lands, buildings and improvements upon which it is made in the same way and manner as 336 taxes assessed on real estate, but such liens shall not expire until the charge or assessment 337 with all interest, costs and penalties thereon is paid in full, and, if the charge or assessment 338 is not paid as required, it shall be collected in the same manner that taxes assessed on real 339 estate are by law collected. The finance director, after receiving a list of charges or 340 assessments under this act, shall forthwith, at the expense of the authority, send to each 341 person assessed or charged notice of the amount of his assessment or charge. The notice 342 shall substantially identify the person assessed, state the amount of the assessment or 343 charge and refer to the remedy available under section 19 [2.19] of this act. The notice shall 344 be mailed postpaid and directed to the last known address of the person assessed. If there 345 are persons whose addresses are unknown, a similar notice covering the assessments 346 against such persons shall be published in a newspaper of general circulation in the city and 347 such published notice may be a single collective notice for all such persons. No irregularity in 348 the notice required by this section shall excuse the nonpayment of the assessment or charge 349 or affect its validity or any proceedings for the collection thereof as long as there is 350 substantial compliance with the provision hereof. No deficiency in the notice to the person 351 assessed shall excuse the nonpayment by others of the assessment or charges assessed 352


against them or affect the validity thereof or any proceedings for the collection thereof. The 353 finance director shall without further warrant collect such charges and assessments in the 354 same manner as the regular taxes of the city may be payable. Interest at the rate per annum 355 fixed for nonpayment of city taxes shall be charged and collected upon all overdue charges 356 and assessments from the date they become payable until paid, provided however, that the 357 total overdue charge for non-payment of installment of sewer assessments shall be applied 358 to past due installments and not the total assessment; and provided further, that there shall 359 be no penalty on installment assessments deferred by reason of income subject to rules and 360 regulations that the Warwick City Council may prescribe by ordinance. 361

The authority with the advice and consent of the mayor may at any time cancel 362 modify in whole or in part any charge or assessment to the extent the authority determines 363 such charge or assessment to have been improperly imposed. 364

365

(P.L. 1962, ch. 254, 9; P.L. 1988, ch. 479, 9; P.L. 1991, ch. 86, 9; P.L. 1998, ch. 39, 1(9)) 366

Sec. 2.9.1. - Renewal and replacement account. 367 The city finance director shall establish in a separate account for renewal and 368

replacement. The purpose of the account is to provide for the future renewal or replacement 369 of the current and future physical assets of the wastewater treatment plant whose cost is in 370 excess of ten thousand dollars ($10,000.) with an economic life of at least five (5) years. The 371 renewal and replacement account will be funded annually through annualuser charges and 372 connect capable fees, as determined by the sewer authority, in an amount equal to total 373 gross depreciation expense as computed under generally accepted accounting principals, 374 including the amortization of local and nonlocal contributed capital or an alternative amount 375 based on industry standards. Interest earned on monies deposited in the renewal and 376 replacement fund will be credited to the account. Withdrawals from the account, subject to 377 the aforementioned limitations of cost and economic life, must be approved by the sewer 378 authority." 379

(P.L. 1988, ch. 479, 9.1) 380

Sec. 2.10. - Receipts from annualuser charges and assessments. 381 The receipts from annualuser charges, sewer assessments and connect capable 382

charges, as provided for in section 9 [2.9] of this act, should be separately accounted for by 383 the finance director; at the close of each fiscal year the city treasurer shall transfer from such 384 funds to the treasury a sum sufficient to repay the sums appropriated and paid from the 385 treasury during the fiscal year then close on account of the principal and interest of all 386 borrowing for the purpose of this act and for the payment of charges and expenses incident 387 to the operation, maintenance, renewal and replacement fund and repair of said sewage 388


works or to the extension thereof. At the end of a fiscal year, if the finance director 389 determines that the revenues referred to above as well as prior year fund balances were not 390 sufficient to cover operation and maintenance costs, renewal and replacement funding and 391 principal and interest for any bonds or notes issued for sewage works, thereby creating 392 insufficient end of year balances, charge shall be adjusted in the next fiscal year to assure 393 sufficient balances in the sewer fund. If the receipts from said charges and assessments 394 amount in any year to more than will be required for the aforesaid purposes, the surplus shall 395 be added to the receipts of the next succeeding year. 396

(P.L. 1962, ch. 254, 10; P.L. 1988, ch. 479, 10; P.L. 1998, ch. 39, 1 (10)) 397

Sec. 2.11. - Recovery of assessment charge by joint tenant, tenant in common, 398 etc., from other tenant. 399

Whenever a tenant by the entirety, or a joint tenant, or a tenant in common of any 400 land parcel subject to a sewer charge or assessment under this act, shall pay the whole 401 amount of such sewer charge or assessment, such tenanthe may recover from the other joint 402 tenant or tenant in common, as the case may be, such proportional part of such charge or 403 assessment as the value of the latter's interest in the land parcel bears to the aggregate 404 value of such parcelland, by proceedings in the superior court for the county of Kent in the 405 nature of an action of account as provided in G.L. 1956, 10-2-1 et seq., and in any acts in 406 amendment thereof or in addition thereto, and such action is hereby made available for the 407 purposes of this section. The same shall apply as between a tenant for life or years and the 408 owner of the fee with respect to construction assessments. Whenever the owner of the fee 409 shall pay an annualuser charge, such ownerhe may recover the amount so paid from the 410 tenant in a similar action to the extent [it] is attributable to the period of the tenancy. The 411 provisions of this section shall not be construed to impair any other right of action which the 412 party paying such charge or assessment may have at law or in equity to secure a 413 contribution from the other parties having an interest in the parcelland subject to such charge 414 or assessment. 415

(P.L. 1962, ch. 254, 11) 416

Sec. 2.12. - Appeal of assessment of irregular, unusual land; assessment of lots 417 at intersections of roads. 418

The owner of a lot of land irregular in shape or which is unduly above or below grade 419 or which for any reason is deemed to be inequitably assessed under this act, in the event 420 such an assessment is made, may appeal to the sewer board of review as hereinafter 421 provided in section 19 [2.19] of this act. The authority, with the advice and consent of the 422 mayor, may notwithstanding an appeal, on its own initiative, adjust the sewer assessment on 423 such a lot or exempt such a lot from assessment. 424


Where a lot is located at the intersection of two streets or highways in which sewers 425 have been constructed, the sewer assessment on such lot shall be made only for the sewer 426 in the street or highway in which the assessment would be greater. 427

(P.L. 1962, ch. 254, 12; P.L. 1991, ch. 86, 12) 428

Sec. 2.13. - Assessments for land parcels held by religious corporations, 429 cemeteries. 430

All lands parcels in said the city held by religious corporations, and on which are 431 located buildings used solely for the purpose of holding religious services therein, and all 432 lands parcels in said the city held by cemetery corporations and used solely for cemetery 433 purposes, shall be exempt from the payment of any and all sewer assessments for the 434 construction of sewage works made in pursuance of the provisions of this act and according 435 to the sewer authoritys rules and regulations, so long as such lands parcels shall be held 436 and used solely for such purposes; provided, that all such assessments made on such 437 parcelslands for the construction of sewage works under the provisions of this act shall be 438 and remain for thirty (30) years a lien on saidthe lands parcels and the improvements 439 thereon without interest, and the said city may enforce for collection of saidthe assessments 440 whenever saidthe lands parcels or any portion thereof shall be abandoned for from saidthe 441 above-listed purposes, in the same manner as other sewer assessments under this act are 442 collected or enforced; and provided,. further, that any such assessment may be adjusted in 443 the manner and for any of the reasons prescribed in section 12 [2.12] of this act. 444

(P.L. 1962, ch. 254, 13; P.L. 1988, ch. 479, 13) 445

Sec. 2.14. - Procedure for taking of land. 446 The sewer authority with the advice and consent of the mayor on behalf of the city 447

may acquire by agreement, purchase or condemnation such land or right or easement in 448 land as may be necessary for the purposes of this act. Whenever the authority desires to 449 take any such land or right or easement in land by condemnation, it shall file with the city 450 clerk a plat, description, and statement of such land or right or easement in land to be taken 451 and a statement that such land or right or easement in land is taken pursuant to the 452 provisions of this act. 453

Upon the recording of said plat, description and statement in the office of the city 454 clerk, the land or right or easement in land defined in such plat, description and statement to 455 the extent and according to the nature of the interest therein taken, shall vest in the city and 456 shall be subject to the use of the authority for the purposes of this act, and said authority may 457 thereupon enter upon and enjoy the rights, interests and easements taken as aforesaid; and 458 after the filing of such plat, description and statement, notice of such taking shall be served 459 upon the owners of and persons having an estate in and interested in such land by any 460 police officer of the City of Warwick leaving a true and attested copy of such description and 461


statement with each of such persons personally, or at their land and usual place of abode in 462 this state with some person living there, and, in case any of such persons are absent from 463 the state and have no last [land] and usual place of abode therein occupied by any person, 464 such copy shall be left with the persons, if any, in charge of or having possession of such 465 land of such absent persons, and another copy thereof shall be mailed to the address of 466 such absent persons if the same is known to said officer; and after the filing of such 467 description and statement, the city clerk of said city shall cause a copy of such description 468 and statement to be published in some newspaper or newspapers published or circulated in 469 said city at least twice a week for three successive weeks; and if any party shall agree with 470 said authority for the price of the rights, interests or easement so taken, the same shall be 471 paid to him forthwith by said authority. 472

The authority with the advice and consent of the mayor shall have general authority 473 to represent the city and to make any agreements for said city under the authority of this 474 section and to do, with the advice and consent of the mayor, any acts or things necessary or 475 incidental to executing settlements and agreements, and shall have authority to agree with 476 the owner for the price of land so taken and the same shall be paid by the city treasurer out 477 of the proceeds of bonds or notes issued hereunder or other funds made available for the 478 purpose, upon vouchers approved by the majority of the authority and the finance director. 479

Any owner of or person entitled to any estate in or interested in any part of the land in 480 which such fee, rights, interests or easements are so taken who cannot agree with said city 481 or authority for the price of such fee, rights, interests or easements so taken in which he/she 482 is interested as aforesaid, may, within one year from the filing of the plat, description and 483 statement referred to in this section of this act, apply by petition to the superior court in and 484 for the county of Kent, setting forth the taking of such fee, rights, interests or easements in 485 his land and praying for an assessment of damages by a jury. Upon the filing of said petition 486 the said court shall cause twenty days' notice of the pendency thereof to be given to said city 487 by serving the mayor of said city with a certified copy thereof, and may proceed after such 488 notice to the trial thereof; and such trial shall determine all questions of fact relating to the 489 value of such fee, rights, interests or easements and the amount thereof, and judgment shall 490 be entered upon the verdict of such jury and execution shall be issued therefor. 491

In case any owner of or person having an estate in or interested in such land shall 492 fail to receive personal notice of the taking as aforesaid, and shall fail to file the petition as 493 provided in this section, said court in its discretion may permit the filing of such petition 494 subsequent to said period of one year from the filing of such description and statement; 495 provided, such person shall have no actual knowledge of the taking of such fee, right, 496 interest or easement in season to file such petition. 497

If any lands, or any fee, rights, interests or easements therein, in which any infant or 498 other person not capable in law to act in his own behalf is interested, are taken by said 499


authority under the provisions of this act, said superior court, upon the filing therein of any 500 such petition by or in behalf of such infant or other person, may appoint a guardian ad litem 501 for such infant or other person, and such guardian may appear and be heard in behalf of 502 such in fact [infant] or other person; and such guardian may also, with the advice and 503 consent of said superior court, may prescribe, release to said city or authority all claims for 504 damages for the fee, rights, interests or easements in the lands of such infant or other 505 person. Any lawfully appointed, qualified and acting guardian of the estate of any such infant 506 or other person, with the approval of the court of probate within this state having jurisdiction 507 to authorize the sale of lands within this state of any such infant or person, may, before the 508 filing of any such petition, agree with said authority upon the amount of damages suffered by 509 such infant or other person by any such taking and may, upon receiving such amount, 510 release to said city or authority all claims of damages of such infant or other person for such 511 taking. 512

Any damages assessed as the result of petition to the superior court shall be paid by 513 the city treasurer from the proceeds of bonds or notes issued hereunder or other funds made 514 available for the purpose upon vouchers approved by the mayor and the majority of the 515 authority and finance director, provided, however, that nothing in this act shall authorize the 516 authority to condemn any portion of the land or right-of-way of any railroad, street, railway or 517 other public service company, except for the purpose of crossing the same below grade and 518 of building and maintaining necessary manholes at such crossing in such manner as not to 519 render unsafe, or to impai

April 6 Council Docket

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Transcript of April 6 Council Docket