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CRP Sanitation Sues Yorktown, New Garbage Hauler

The lawsuit claims the town of Yorktown improperly awarded a contract to the lowest bidder without making a determination if the low bidder was the "lowest responsible bidder."

Yorktown's previous garbage collector CRP Sanitation Inc. has filed a lawsuit against the town of Yorktown and the town's new garbage collector Competition Carting (see the attached to this article pdf files). 

Last week, the town was served with the lawsuit, which is asking for the reversal and annulment of the town accepting Competition Carting and Refuse Removal Corp.'s bid for municipal waste hauling and recyclables, according to the lawsuit. 

Yorktown town board members voted unanimously on Oct. 23 to accept the $2.49 million bid, which was the lowest out of four bids that were opened on Oct. 1. The second lowest bidder for the job at $2.98 million was Yorktown's previous garbage collector CRP Sanitation Inc. that had been serving the town since 2006.

The town's new garbage collector –Competition Carting – is owned by Yorktown resident Brian Amico, who is expected to begin work on Jan. 1, 2013. 

The discussion about whether or not Amico was qualified as a "responsible" bidder and whether he could do the job drew criticism from residents and members of CRP Sanitation Inc., who attended last month's meeting at Town Hall. 

The lawsuit now claims Amico was not a "responsible" bidder for not having the finances, the necessary equipment and personnel to manage the contract. Under law, the bidder may not be awarded the contract if town board members find the person is not a "responsible bidder." 

"The Town Board failed to make such a determination," the lawsuit reads. "Failing to do so, the Town Board has violated its legal duty, and may expose tens of thousands of Yorktown residents to a serious public health issue."

The lawsuit claims by awarding the bid, town board members acted "arbitrarily, capriciously and in violation of law."

Yorktown Town Board members adopted a "best value" law in June, 2012 to allow for flexibility in awarding bids in the event board members felt the lowest bid didn’t provide the "best value." In addition, town board members changed the language in its bid specifications to allow a chance to companies with no experience or less than 10 years experience to bid on the job. 

By switching to another garbage collector, Yorktown is saving about $800,000 – with the difference between the two lowest bidders being $500,000. Yorktown Councilman Nick Bianco said last month that the savings would translate to about $70 a year per household. 

In a letter to town board members, the town's Environmental Conservation Department Recycling Coordinator Kim Angliss-Gage had expressed concerns that Amico's company would be starting from scratch and would need to get everything in place in 10 weeks. She advised them against awarding the bid to Competition Carting

"I am not confident that any new firm could put together the necessary fleet and manpower to manage the Town of Yorktown’s residential routes in only a 10-week period. Therefore, my primary concern is if Competition Carting was awarded the contract and failed, how we would provide the service?" Angliss-Gage said in her report as cited in the lawsuit.

During a contentious meeting last month and after town board members going into executive session, they unanimously accepted Amico's bid. They said they could not legally reject the lowest bidder who had met all of the requirements. 

"The Town Board wrongfully abdicated its own responsibility to review Competition Carting's qualifications," the lawsuit reads. "Not only is this improper, but it is also against the public's interest, as the people of Yorktown need a qualified company to collect and dispose of their refuse."

A transcript of the meeting is attached to this article as outlined in one of the legal documents, labeled as Exhibit I. 

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Evan Bray November 20, 2012 at 12:47 PM
We're a litigious lot, that's for sure. Seems to hinge on the the legal definition of "responsible." when the board eliminated all "experience" requirements, that may mean that the new firm meets the legal definition of "responsible." In my brief experience with article 78, one thing is sure: it takes forever. No chance that this gets resolved by Jan 1. Are they seeking an injunction or something to stop the award? I have no opinion on the issue, but I'm secretly excited for this to play out over the holidays and see what happens come new year. I just hope no one in town sees an interruption or decline in current service levels; no complaints about CRP from our house.
Ros Kliban November 20, 2012 at 01:20 PM
No complaints about about CRP either. But have concerns about Competition Carting. LIke Kim Angliss-Gage, I too have concerns about having only 10 weeks to get up and running, Time will tell and lets hope that it all works out, because the consequences could be soooooo bad.
Ros Kliban November 20, 2012 at 01:20 PM
Lts hope we are not being penny wise and pound foolish.
Anonymous November 20, 2012 at 01:57 PM
We had no problem with CRP Sanitation. Thumbs up to the Town Board for looking for ways to save money in Yorktown. Good luck to Competition Carting. We hope you get the job done!!!!
john nardi November 20, 2012 at 02:19 PM
ALWAYS HOPED THEY WOULD LOSE THE CONTRACT. Throw my cans all over the street while neatly stacking the neighbors !! Leaving stuff behind because there might presumably be recycle stuff in the bags !! You get what you get !! GOOD LUCK NEW GUY !!! I support you 100%
smellyp@nts November 20, 2012 at 05:03 PM
now we're talking, john! I'm with you...and why would any town want to go back to vendor that sued it? real slick, CRP
smellyp@nts November 20, 2012 at 05:05 PM
& lets not forget CRP hauled in bunch of people to act like rude thugs at town board meeting, heckling and carrying on to disrupt mtg... clear act of intimidation
NorthCountyHound November 20, 2012 at 05:52 PM
I dont care who collects the garbage. If I had my choice, I would prefer taking it to a local dump and save the tax $. We had great times when we were kids getting buzzed and shooting rats at the garbage dump.
Ros Kliban November 20, 2012 at 08:13 PM
They probably don't like losing their jobs any more than you would.
William Primavera November 20, 2012 at 11:28 PM
CRP always addresses issues with customers. Why would they throw your cans all over the street while neatly stacking the neighbors' cans.? It doesn't make any sense. Are you sure pranksters aren't doing that? If the new hauler stands, we can only hope for the kind of consistency that CRP has provided to its customers.
John November 21, 2012 at 12:19 AM
Thank you Crp for years of wonderful service in Yorktown. Hope you win in your lawsuit against the two crooked politicians in Yorktown's office. How do you award a bid to somebody who doesn't have the trucks or material to do the job.
Cheryl Scherer November 21, 2012 at 04:31 AM
The men who collect my garbage and recycling have been on our route for years. Know them by name and they are friendly and helpful. What were they thinking when they approved this change to a company that is not prepared. What happens Jan if they are still not prepared. Who is going to collect the garbage - the TOWN BOARD? I say keep the $70 and KEEP CRP!!! I support them fighting this. Trust me if the new company screws up or decreases what we have had all along the Town Board is going to have angry citizens at Town Hall and their meetings!
Yorktown Tattler November 21, 2012 at 09:10 PM
did anyone else on here see the video that showed the new garbage guy yelling "s--t" at the town board meeting? he was so crude and scary looking that I would be afraid to meet him picking up the trash in my development. we have been very pleased wtih the garbage pickup in our area for many years by the old company.
Ronald Ragan December 04, 2012 at 03:39 AM
The TRO was denied and this case was a knee jerk reaction to someone daring to BID action CRP. In fact CRP is now owned by City Carting in Connecticut and Ronald Carbone is not responsible according to the new lawsuits filed against him and his company for over 500,000 for failing to pay union dues.
Ronald Ragan December 04, 2012 at 03:40 AM
No complaints but really what does it take to pick up garbage, it is not brain surgery. Once you have the equipment that he has it is hiring manpower and based upon what I see, it looks like a seemless transition
Ronald Ragan December 04, 2012 at 03:41 AM
CRP and Bianco need to be vetted together and you may all learn exactly why Bianco wants CRP so bad
Ros Kliban December 04, 2012 at 03:56 AM
RR: Maybe Competition Carting and Supervisor Grace should be vetted together considering he wanted the changes to the bidding process.
Layla December 04, 2012 at 04:01 AM
Don't pay much don't get much. Were you expecting a person who could express himself with a vocabulary beyond 4 letter words?
Layla December 04, 2012 at 04:03 AM
In Yorktown thats easy.
John December 06, 2012 at 12:26 AM
If Yorktown was so easy why can't the town of Yorktown get all the trees off the streets after sandy hit. They are still out there. I know why because they don't make any money on pine and Eric said, "He would get trucks to pick up garbage but he can't get trees that are still on residents property."
John December 06, 2012 at 12:29 AM
Composition Carting do not have the equipment that is why he is looking to sell the company to R & S. R&S have old trucks not new.
steven miller December 13, 2012 at 05:10 AM
R&S has some of the newest fleet in Westchester County.
steven miller December 13, 2012 at 05:12 AM
CRP is washed up the gang that cant shoot straight, I guess the next contract is Mt. Pleasant and then he can join AAA who is is first cousin since Milo and Fiorello of City will get rid of Carnbone since he lost his business
steven miller December 13, 2012 at 05:13 AM
The new hauler will be just like another other hauler and the town has had many
steven miller December 13, 2012 at 05:14 AM
Good try, the lawsuit was lost by CRP and no hope for them it is over and CRP is out!!!
steven miller December 13, 2012 at 05:15 AM
When they pass the test and the same men do the route will you be happy
bertie December 23, 2012 at 02:07 PM
Amazing that Patch isn't carrying the news that CRP lost its case in NY State Supreme Court in White Plains. LoHud had the news on Friday, other internet daily had it on Saturday.
Allicat September 11, 2013 at 07:28 PM
Just want to note, after 9 months of Competition, I miss CRP terribly. Competition is disorganized, inefficient and sloppy. They just do not have the manpower and equipment to provide our area with competent service IMHO. Even their website is incomplete. Yorktown got what they paid for and their constituents are suffering the consequences.

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