Lawsuit Dismissed Against Yorktown, New Trash Hauler

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Yorktown's Town Board met Dec. 11 night with attorney Jeffrey Buss, who represented Competition Carting.
Yorktown's Town Board met Dec. 11 night with attorney Jeffrey Buss, who represented Competition Carting. Photo Credit: Brian Marschhauser

YORKTOWN, N.Y. - A lawsuit by long-time Yorktown garbage collector C.R.P. Sanitation was dismissed Thursday by a Westchester County Court judge.

The lawsuit claimed that the Yorktown Town Board improperly awarded its 2013 garbage contract to Competition Carting on Oct. 23. C.R.P. alleged that Competition Carting did not have the equipment or workers to carry out the job, thus was not a "responsible bidder."

Judge Barbara Zambelli upheld the board's decision and said C.R.P.'s lawsuit had "no merit." The lack of trucks and employees may have been a valid concern, Zambelli said, but they were not requirements of the bid specifications.

"At no time during the meeting did anyone ever allege that [Competition Carting] failed to meet any of the bid specifications or lacked 'responsibility' in regard to the criteria as set forth therein," she wrote in her decision (attached below).

Yorktown changed language in its bid specifications earlier this year that gave startup companies, like Competition Carting, a chance to win its residential garbage pickup contract. Yorktown previously required 10 years of experience from its garbage crews, but the new bid had no requirement on experience.

“Competition’s winning bid is the beginning of a new era in the municipal waste hauling business in Westchester County," said Jeffrey Buss, an attorney for Competition Carting. "This industry has been plagued by a lack of fair and honest competition. We are not afraid. We are going to change that”.

Competition Carting's contract goes into effect on Jan. 1 and will be $2.49 million annually for a period of two years. C.R.P. was second lowest bidder for the contract at $3 million.

Since being awarded the bid, Competition Carting has hired a new chair in Joe Spiezio. Spiezio’s financial backing has helped Competition Carting President Brian Amico obtain experienced workers and trucks, Buss said. Competition Carting will operate with 11 trucks and 23 employees, which is more than the eight trucks and 12 employees Amico initially estimated.

“We are ready to start and excited to serve the residents of Yorktown,” Amico said.

Check back at yorktown.dailyvoice.com for updates.

Attached: Judge's Decision In Favor Of Yorktown (decision_order_judgment_denying_and_dismissing_article_78.pdf)

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