Rejected Yorktown Garbage Hauler Takes Town to Court
The garbage hauler that has servedYorktown’s 10,000 customers for the last seven years but will be replaced in January is not bowing out quietly.
Two weeks ago, C.R.P. Sanitation of Cortlandt requested a temporary restraining order and preliminary injunction in state Supreme Court against the Yorktown Town Board for awarding a contract to Competition Carting, which C.R.P. contends is too inexperienced and ill-equipped to adequately pick up the trash.
In legal papers, C.R.P. stated the town board’s October 23 unanimous decision to choose the nearly $2.5 million bid of Competition Carting over its $2,986,740 bid was “arbitrary and capricious” and “may pose a public health risk to the citizens ofYorktown.”
C.R.P. also claimed Competition Carting, which owner Brian Amico told Yorktown officials picks up garbage inPutnamValley, was not the “lowest responsible bidder” since it had no track record with municipalities and would be unable to do the job with only five trucks and four employees. C.R.P. disposes ofYorktown’s garbage twice a week and recyclables once a week with 10 trucks and 19 employees. Amico said he planned to hire eight additional employees and buy three more trucks.
Yorktown Supervisor Michael Grace said Friday C.R.P.’s lawsuit didn’t “have much merit” and wasn’t surprised by the legal challenge.
“It’s their opinion that lowest bidder is not the responsible bidder, but I shouldn’t expect less from the second bidder,” said Grace, who is an attorney. “I can’t imagine any judge second guessing the town board on exercising its discretion.”
C.R.P., whose bid was $500,000 less than its existing contract with Yorktown, alleged in its lawsuit that Competition Carting may have had “advance knowledge” of a plan to possibly implement automated routes in Yorktown, which would require residents to use specially shaped, uniform-sized containers to match trucks with mechanical arms.
If it were notified of that plan, C.R.P. maintained it would have submitted a lower bid.
“The first entity that knew we were going to rebid was C.R.P. They knew we weren’t going to renew their contract,” Grace said. “The only discussion prior to bidding was with them. The automated pickup system would probably be cheaper in the long run. That’s something we’re looking to invest in and do a pilot program.”
Grace has said the board deliberately removed some of the past requirements for trash haulers to allow for more competition for the contract. Some of the stipulations removed were having at least 10 years experience, solid references and financial resources. Besides Competition Carting and C.R.P., two other companies submitted bids, Sanitation Solutions at $3.38 million, and Suburban Carting at $4.3 million.
In a separate release, C.R.P. stated in overcame 18 inches of water in its offices and four feet of water in the yard where it stores its equipment from Hurricane Sandy to pick up twice as much trash inYorktownthat it was unable to reach because of downed wires and trees and closed roadways.
“We take our responsibility to the town very seriously,” said C.R.P. General Manager Anthony Carbone. “Fortunately a company of our size has the personnel and equipment to react quickly to exceptional situations like this.”
Rick has more than 40 years’ experience covering local news in Westchester and Putnam counties, running the gamut from politics and crime to sports and human interest. He has been an editor at Examiner Media since 2012. Read more from Rick’s editor-author bio here. Read Rick’s work here: https://www.theexaminernews.com/author/pezzullo_rick-writer/