The yellow shirts sat on one side of City Council chambers and the orange shirts on the other side Monday night. They have opposing views of state legislation to ban assault weapons. The yellows are against the ban and those wearing orange favor the bill.

But as it turned out neither side had the opportunity to voice their opinion on a council resolution in opposition to the state bill. And as it happened, members of both sides were in unison as they applauded Robert Lombardi, the second-generation owner and operator of New England Lemonade after he spoke against the award of a contract to Ocean State Concessions to schedule food trucks at 13 events during the year.

The food truck contract was the first item on the agenda of the City Council’s finance committee. And although City Council President Anthony Sinapi informed the audience that the Intergovernmental Committee would likely hold the resolution opposing the gun ban, as he learned the legislation would soon undergo revision, most of the crowd stayed seated to hear about food trucks.

Flaws in former system

Chief of Staff William Façente explained that the administration elected to seek bids on scheduling food trucks rather than continuing with a process of allowing associations to schedule trucks for certain events with the city collecting 10% of individual truck revenues at the end of the event. Two issues emerged with the 10% collections. Some food trucks left the venues before parks and recreation personnel could make collections, and there was no way of knowing the truck sales. Additionally, those making collections ended up with pockets full of cash and there was a loose record of who and what had been paid.

The plan was to seek bids on a package of 13 events during the course of the season. Ocean State Concessions was the only bidder. It bid $8,260 for the season. This compares to last year, when the city’s 10% collections totaled $4,350.

Ward 5 Councilman Ed Ladouceur was not happy with the proposal since it gives no preference to Warwick food truck vendors. Additionally, he learned that a possible bidder chose not to bid because specifications didn’t outline responsibilities of the vendor, lacked projected attendance at events and included no provisions ensuring the fair treatment of food truck vendors.

One year trial run

Façente assured that the process would be evaluated after the first year and that the Ocean State Concessions contract would not automatically be extended should it get the bid.

But that all seemed secondary as Lombardi told his story. He said his father started New England Lemonade 60 years ago and the company continues to operate from a storefront in Oakland Beach. New England operates five trucks, and when the city last solicited bids for concessions the company paid $18,500 for the rights to be the exclusive lemonade truck at city beaches. In addition, he pointed out, New England is a sponsor of youth athletic teams and a summer employer of students.

“This is a monopoly,” Lombardi said of the rights afforded Ocean State Concessions. “This is as wrong as it gets.”

Façente said Lombardi’s trucks as well as food trucks would be able to drive through the city provided they are licensed and make stops for sales, but would not be permitted to park and wait for patrons. That was of little consolation to Lombardi. He claimed that Ocean State Concessions owns four or five of its trucks.

“I’m out and I can’t even come … so what should I do, leave the city? I can’t go to these events in the city.”

Ward 2 Councilman Jeremy Rix asked why all food trucks fit under a single classification. Ward 3 Councilman Bryan Nappa questioned why beverages might be categorized separately.

Façente said there was no “carve-out for food trucks. I don’t think you can alter this bid,” he told Nappa.

Lombardi threw his hands up in frustration and left the podium. There was a round of applause from the audience.

When the bid came before the full council for a vote, the group was deadlocked with four votes in favor of the award to Ocean State Concessions and four against. Ward 6 Councilman William Muto, who had taken sick that evening, was absent from the meeting. Rather than counting the even vote as a denial. The council agreed to table the matter.

Councilman Nappa observed Muto had done a lot of research on how municipalities regulate food trucks and said he wanted to hear what his colleague had to say. The full council agreed. It was moved to the June 2 agenda.