By Dan Murphy
Most Westchester residents don’t think a lot about their garbage and recycling removal, but only when these services are not performed properly that residents and taxpayers take note. That is what is happening in the Town of Yorktown.
Last year, the Yorktown Town Board, under the leadership of then Supervisor Matt Slater, went out to bid for a new garbage contract. The current bidder was AAA Carting, who also submitted a bid to continue their services. There were no major complaints made against AAA, who had serviced the residents of Yorktown from 2018-2022.
Slater and the Town Board decided to award the garbage contract to Competitive Carting, who began operating on Jan. 1, 2023 in Yorktown. Since that time, Yorktown residents have complained at Town Board meetings, created a Facebook page dedicated to bad garbage service in Yorktown, and sent us letters to the editor about the mess.
On Feb.3, AAA Carting filed a lawsuit against the Town, Slater and members of the Town Board, alleging that they illegally awarded the contract to Competitive. The lawsuit claims that AAA was “the lowest responsible bidder for the public contract,” and that the Town was irresponsible in awarding the contract to Competitive.
“First, the Town arbitrarily and capriciously awarded the public contract to Competitive Carting, an entity known by the Town to be a newly-created company by an individual, Brian Amico, who filed personal bankruptcy as well as for a fictitious entity he had created, Competition Carting (“Competition”), which was the Town’s waste hauling company prior to AAA Carting.
“Subsequently, during the course of its contract with the Town, Competition assigned the contract to another hauler, R&S Waste, which subsequently lost its license to haul waste issued by the Westchester County Solid Waste Commission. Given this history, among other facts set forth below, the Town’s award of the public contract to Competitive Carting, was in contravention of (laws) which require municipalities, such as the Town, to award public contracts to the lowest responsible bidder.”
The lawsuit also claims that the Town’s, “award of the public contract included a material modification of the performance bond requirement, which gave Competitive Carting an improper substantial and material advantage over Petitioner in calculating its proposed costs of its bid. In effect, the Town awarded the contract to Competitive without a competitive bid because the contact that was, in effect, awarded to Competitive, was materially different than what was put out to bid.”
In doing so, the Town violated the foundational premise of New York’s competitive bidding statutes, which were enacted to promote the “(1) protection of the public first by obtaining the best work at the lowest possible price; and (2) prevention of favoritism, improvidence, fraud and corruption in the awarding of public contracts.”
AAA Carting has significant experience in bidding for garbage contracts. In fact, there is case law where they are named, “ AAA Carting and Rubbish Removal, Inc. v. Town of Clarkstown.
The suit claims that the Town put the garbage contact out to bid four times in 2022. “The Town did not open and review AAA’s First Bid. Instead, without even knowing the price of the bid, it summarily rejected it. The fact that the Town would reject a bid without opening it is highly suspicious and suggests the members of the Town Board had ulterior motives other than the cost of the contract.”
On the fourth bid, AAA and Competitive Carting submitted bid for a five-year contract. Competitive Carting’s bid was lower than AAA’s bid. “On or about October 17, 2022, concerned with the bidding process for the Public Contract, Petitioner’s counsel left a voicemail message for the Attorney for the Town of Yorktown, Adam Rodriguez. The Town Attorney did not return that call. Instead, two days later, on October 19, 2022, the Town awarded the Public Contract to Amico and his company Competitive Carting.”
What is a responsible bidder. According to NYS Town Law, “In evaluating a bidder’s responsibility, the Town may consider the following factors: i. financial resources; u. technical qualifications; u1. experience; iv. organization, material, equipment, facilities, and personnel resources and expertise( or the ability to obtain them) necessary to carry out the work and to comply with required delivery or performance schedules, taking into consideration other business commitments; v. satisfactory record of performance; vi. a satisfactory record of business integrity[.]”
“To that end, in 2020, Amico, individually and together with a d/b/a “Competitive Carting Corp” filed for Chapter 7 bankruptcy protection,” states the lawsuit. “documents produced by the Town in response to several Freedom of Information Law requests propounded by Petitioner reveal that the Town did not conduct the proper due diligence to determine, inter alia, whether Competitive Carting has the necessary “capital and infrastructure” to fully perform under the Public Contract.”
“Amico and Competitive Carting’s recent petition for bankruptcy in 2020 compel the conclusion that Competitive Carting is not a responsible bidder, and, as described below, Competitive Carting could not even obtain a I-year performance bond that was required by the bid specifications.
“In stark contrast to Competitive Carting’s inexperience and financial instability, AAA Carting has been in business for over twenty-five years and currently holds contracts with the City of New York, the City of White Plains, the Town of Kent, the Village of Briarcliff, New York State O.O.T., New York State Office of General Service, the County of Westchester, the County of Putnam, the Town of Putnam Valley, the Town of Carmel, and more.
“Given AAA Carting’s long and current history of servicing towns and municipalities, the awarding of the Public Contract to Competitive Carting, whose reliability is more suspect, to put it charitably, strains credulity and gives rise to a strong inference of an improper purpose.
“This special treatment also compels inquiry into what motivated the Town to give Competitive Carting a material financial edge over other bidders.” AAA is requesting that a NYS Supreme Court Judge set aside the award to Competitive Carting and award the contract to AAA.
Yorktown residents continue to complain about the garbage and recycling removal from Competitive. They have appeared at Town Board meetings, created a Facebook group dedicated to complaining about their garbage removal, letters to the editor, and more.
The problems began immediately after Competitive began their contract on Jan. 1, 2023. Residents were placing the recycling outside, but according to many, Competitive was comingling the garbage with all of the Christmas boxes.
One source in the garbage industry told us, “Competitive should have recycled 25 Tons the week after Christmas. Instead they came to the recycling center with 5 Tons.”
If this accusation is true, it is a violation and warrants a fine, either against the carting company or the Town. We have submitted FOIL requests to the Town and the Westchester Solid Waste Commission to determine if Competitive Carting was fined. The usual fine is $10,000 per occurrence.
Also named in the lawsuit are town councilmembers Ed Lachterman, Sergio Esposito, Luciana Haughwout and Supervisor Tom Diana.
