Supreme Court Dismisses Lawsuit Against Yorktown, New Garbage Hauler

The lawsuit filed against the town of Yorktown and its new garbage hauler was rejected last week by State Supreme Court Justice Barbara Zambelli.

Justice Zambelli ruled in favor of the town after Yorktown's long-time garbage hauler CRP Sanitation Inc. lost a bid to Competition Carting for services beginning Jan. 1, 2013 and filed suit.

The losing company filed the lawsuit in November, asking for the reversal and annulment of the town accepting Competition Carting and Refuse Removal Corp.'s bid for municipal waste hauling and recyclables on Oct. 23.

In the lawsuit, CRP also cited problems with the new company, the process and selection. The lawsuit claimed the company did not have the finances, the necessary equipment and personnel to manage the contract and was therefore not the lowest "responsible" bidder.

However, Justice Zambelli upheld town board members' decision to award the contract and ruled CRP's allegations had no merit. 

The contract for $2.49 million goes into effect on Jan. 1, 2013. The second lowest bidder for the job at $2.98 million was CRP Sanitation Inc., which had been doing business with the town since 2006.

By switching to another garbage collector, Yorktown is saving about $800,000 – with the difference between the two lowest bidders being $500,000. 

Yorktown Supervisor Michael Grace said in a statement he was pleased with the result and "gratified that the Court expedited the review of CRP’s claims."

"In these challenging times, we all need to look at innovative ways to save money and maintain services," Grace said. "This proves that it can be done. We are proud to have accomplished a tax decrease and will continue to explore
ways to reduce the real estate tax burden."

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. 

The new model attracted some criticism and questioned if the new company would be able to do the job. Earlier this month, an attorney for Frontline Waste Management Corp. doing business as Competition Carting reassured the town that garbage will be picked up as scheduled.

"We're all set and ready to go," Jeffrey Buss said.

The new garbage hauler, which also announced Joseph F. Spiezio, III as the new chairman of the board, would operate 11 vehicles and will have 23 employees (20 of them will work to service and pick up garbage in town).

Spiezio III told Patch earlier this month that his role as the chairman of the company was to "increase the efficiency, manage and bring in additional resources such as equipment, equity, manpower, and years of experience and talent."

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For further reading

Lawyer: New Garbage Collector 'All Set and Ready to Go' in January

Yorktown's Garbage Collector Announces New Management

Yorktown Awards Garbage Bid to New Company

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