Fall River council approves $1.5 million transfer to cover solid‑waste contract shortfall; administration cites late invoices and prior‑year billing gaps

The Fall River City Council approved a $1.5 million transfer from stabilization to the solid‑waste operating account after city lawyers and finance staff described a budget shortfall tied to an amended curbside collection contract.

At the July 8 meeting Special Counsel Matthew Thomas and Interim Finance Director Emily Apke explained why the administration sought the transfer and outlined steps to reduce future risk. Thomas said the amendment had been negotiated to avoid interruptions in service and to secure delivery options for recyclable materials. He described contingency routing to local processors and said the mayor and administration wanted to avoid the public‑health consequences of a service interruption.

Apke told the council that an internal review found nearly $1 million of fiscal‑year 2024 expenses were paid from FY25 budgeted funds because invoices arrived late or were not properly encumbered; that practice, she said, created an apparent surplus that should have been reserved to pay those prior‑year obligations. That accounting timing, combined with new contract costs and higher processing fees for contaminated recycling, produced the roughly $1.5 million gap the administration sought to address this summer.

Thomas and Apke outlined operational details the council requested. Under the amended approach, curbside single‑stream recyclables are being delivered directly to a Rochester, New York facility on some days at negotiated rates. The city negotiated rates of about $125 per ton for Monday/Wednesday/Friday deliveries; Tuesday/Thursday deliveries are running at a different, higher contaminated rate (around $160 per ton) when contamination exceeds a threshold. The contract amendment also allowed temporary disposal at a local yard (Crapo Hill) and secured hauling at $500 per haul for twice‑daily movements in the interim.

The administration also told the council it plans to issue a new solicitation for collection and disposal services to begin in 2027. Officials expect a draft RFP to be ready for internal review on Aug. 31 and for a public release around Sept. 30, with the mayor convening the waste committee to review the draft and provide comments in September.

Legal counsel, Alan Rumsey, explained possible consequences if the council declined the appropriation. He cited case law that has allowed municipalities to pay for “constantly recurring duties” such as trash collection even when line items appear overdrawn, but said penalties could include placing reserves from certified free cash and increasing the tax recap — both fiscal downsides. Thomas said the city had considered emergency steps including leasing trucks and temporary staffing to avoid service stoppages but instead negotiated an amendment to keep collection uninterrupted.

After discussion — including questions about unpaid citations and collection enforcement — the council approved the order by roll call. The vote carried with a majority in favor (several councilors voted against the transfer). The administration said it would return with the draft RFP and other improvements to invoice timing and controls designed to prevent a recurrence.