Posted on Leave a comment

City Councilor Chafes Under New Comment Limit

The Warwick City Council's Finance Committee discusses $3.2M in landfill fees in Monday's bid package.
The Warwick City Council's Finance Committee discusses $3.2M in landfill fees in Monday's bid package.
The Warwick City Council’s Finance Committee discusses $3.2M in landfill fees in Monday’s bid package.

WARWICK, RI — The Warwick City Council proceeded under new rules bundling consent agenda and bid items and limiting comment to 10 minutes for the first time Monday, the latter presenting a hurdle for Councilman Ed Ladouceur during the Ordinance Committee meeting’s review of a shopping cart policing resolution.

Council starts new rules

The Council committees proceeded under new rules concerning consent agenda and bid package items for the first time during the April 19 meeting:

Bid package rules

  • Committee will vote on consent agenda as a whole rather than as separate items.
  • Members may remove individual items from the consent agenda to be individually considered.
  • Any items greater than $50K automatically discussed.

Ten minute rule

Citizens may petition to present their views on an item for 10 min – which can be extended by the Council majority vote. Council members are also bound by the 10 minute rule.

Two bids in the bid package triggered automatic discussion due to costing more than $50,000:

  • A contract for vehicle spring repairs for trucks, mainly sanitation and fire trucks, to Palmer Spring Company of Providence for $100,000
  • Disposal of solid waste & recyclables for $3,200,000 to RI Resource Recovery for a two year contract, half in the next fiscal year, the other half the following fiscal year.

Ordinance Committee time limit challenge

Councilman Ed Ladouceur bristled under the new 10 minute time limit applied to Council, Committee and citizen comments alike during the Ordinance Committee meeting as they discussed a resolution requiring retail businesses to police shopping carts. Loose carts have caused a nuisance and safety problem, City Councillors remarked during the meeting.

Committee chairman Anthony Sinapi, who also proposed the resolution, calmly, and firmly, reigned Ladouceur in, though it required several attempts.

“I’m sure that the business community that is going to have to pay this is going to have questions as well,” Ladouceur commented as he asked about the ordinance.

Ladouceur was curious who would pay to enforce the law if the resolution passed.

The Police or DPW, who will notify the companies of their errant carts, would do so, Sinapi said.

“Now, if this passes, they’re going to be expected to have a detail that’s going to be out there issuing violations or tickets because a cart happens to leave their parking lot,” Ladouceur complained.

Sinapi said that police could easily take note of stray carts as they are driving during their patrols, then notify the businesses.

“It’s not complicated.” Sinapi said.

“I think it’s onerous and I think it’s something that’s going to require a significant amount of time for a police officer,” Ladouceur said, adding that it will place an undue financial burden on the businesses in effort, time and manpower.

“They have to pay for this. I think this is a very unfair burden to be placed on those entities,” Ladouceur said.

As Ladoucur continued, Sinapi alerted him that he only had one minute remaining, which Ladouceur then used to argue with Sinapi, after which Sinapi calmly told him three times his time was up and he was out of order. Ladouceur continued to speak.

“You’re already way over time. You’re abusing everything about this and you know it,” Sinapi told Ladouceur.

Rix attempted to make a motion to give Ladoceur 15 minutes extra time, but there was confusion over whether the Council rules or Roberts Rules of Order allowed that.

Sinapi suggested the City Council amend the rule at a later date to allow the Committee the leniency to allow members to speak past their allotted time. However, he said, that would defeat the purpose of limiting comment to 10 minutes.

Rix said he was OK with DPW and WPD taking time to address stray shopping carts due to public safety issue, including creating traffic hazards doing damage to property.

“It’s a burden on those residents, those constituents, who visit our city or shop in our city,” Rix said.

Rix suggested making the identification of shopping carts for businesses less of a burden by allowing only one address and or phone number marked on each cart.

“I do see a need for this,” and it’s a good way to resolve it,” Rix said.

He then attempted to cede the balance of 4 minutes of his time to Ladouceur or anyone else, but Sinapi denied the motion, since it was not permitted under Roberts Rules of Order or Council rules.

When the public was given an opportunity to comment, Carlo Pisatore told the Committee, “As a former council member for many years, I believe this ordinance is completely unnecessary and just another burden on the back of our business people who pay much higher taxes and the inventory tax,” he said, stating he agrees with Ladoceur.

The measure passed during the full Council with an 8-1 vote, wth Ladouceur voting against.

Landfill running out of space

City Finance Director Peder Schaefer briefly weighed in with some history and a warning for the future.

“My previous employer, the League (The RI League of Cities and Towns) was very involved in lobbying to keep them (landfill) fees down,” he said. He also noted the tipping fees are lower than in neighboring states.

Also, he said, the Johnston landfill is running out of space. “So it’s something we have to be concerned about going in to the future,” Schaefer said.

Ladouceur noted the space isn’t only dwindling, it’s also getting more expensive. Three years ago, he said, Warwick was paying $56 per ton. Now it’s $115 per ton.

The bid package, sans the items removed for individual consideration, passed unanimously during the full Council meeting.

More funds for Oakland Beach splash pad project

Councilman Timothy Howe asked to pull a bid from BL Companies of New England in Warwick for a splash pad and playground at Oakland Beach.

William Facente said he needed authorization to increase spending on the

$45,000 RFQ (Request for Qualifications) which didn’t require additional work that may be required.

The project has been granted $400,000 in a RIDEM grant, as well as a $225,000 RI Infrastructure Grant, to be matched with Community Development Block Grants,

“So for all intents and purposes there are no City of Warwick funds coming out of this project.” Facente said.

Facente said he needed permission to spend $65,000 to buy a steel shade structure for the splash pad.

The Committee approved Facente’s requested increase, voting to pull the issue from the consent agenda and then to increase the amount for a separate vote by the full City Council, which the full Council approved unanimously.

The committee also pulled out the item to fix Buttonwoods Community Center’s roof, at $30,0000, awarded to both Furey Roofing in Warwick, and Eagle Rivet Roof Services Corp. in Bloomfield, CT.

Councilman Jeremy Rix noted Furey’s bid, $115 per person, per hour, versus the $110 bid for Eagle Rivet Roof Services Corp. in Bloomfield, CT, would be within 7% of the lowest bid, allowing the Council to give the local company priority.

“If I had to guess I would imagine that Furey would be the first call because they are so local,” Moretti said. But if they’re unavailable, the city would go to the next contractor, Eagle Rivet. The item was likewise approved by a full Council vote, 8-1, with Ladouceur recusing himself, since he had worked with the Furey to donate their services to an earlier repair of the roof.

This is a test