Democrats Say Too Little Too Late: Questions & Lawsuits Remain
photo from Facebook Yorktown Trash Talk, a Town of Yorktown truck being used to pick up trash
By Dan Murphy
The Yorktown Town Board, at their meeting on Sept. 6, terminated their agreement with Competitive Carting and agreed to a one year contract with CRP Sanitation. While the residents are happy that the failed agreement with Competitive Carting has finally ended, other questions are now being raised about why the board went with CRP and do they have the capability to collect trash and recycling for 10,000 residences.
AAA Carting was not selected by the Town Board. Owners for AAA have been commenting on the Yorktown Trash Talk facebook page explaining the negotiations and why they believe they were not selected. AAA was the trash collector for Yorktown prior to Competitive.
The Town of Yorktown and Supervisor Tom Diana released a statement before the meeting and the vote, which reads “CRP, the Cortlandt Manor-based company was already on the job this past weekend collecting refuse left uncollected by the sudden financial collapse of Yorktown’s previous hauler. As of Tuesday, garbage collection was underway in the parts of Yorktown. “I am working closely with CRP Carting and our Refuse and Recycling Department to ensure that we restore the routine our residents expect,” said Supervisor Tom Diana.
“CRP Carting is a local company with 35 years of experience and a fleet of over 60 trucks. They already serve thousands of Westchester residences, so I’m sure that we will receive the garbage-removal service that our residents expect.” “Last week, that previous hauler, Competitive Carting Corporation, had most of its garbage trucks repossessed, leaving garbage uncollected in some sections of the Town. At the time of its demise, Competitive Carting owed fines for sporadic garbage collection and Town officials were considering new carting companies,” end of statement.
One correction to Diana’s statement: This was not a “sudden financial collapse,” but an eight month nightmare for residents, with ownership constantly short of cash to pay vendors and eventually employees.
Yorktown democrats who are challenging the all republican town board this november issued a statement which reads “Election Day is on Tuesday, November 7th. Yorktown is fed up with an unaccountable, irresponsible Town Board that makes obvious mistakes and works behind closed doors. Residents want open government, new ideas, and solutions – not excuses. Support is growing for a government that puts Yorktown first: A New Day for Yorktown stands ready with solutions.
Jann Mirchandani, candidate for Town Supervisor said, “Once again, Tom Diana and the Town Board are playing fast and loose with Yorktown’s finances – and they’ve told residents nothing. If Competitive was fired on Friday, then why were they still doing pickup? How much have these emergency haulers cost the Town? Tom Diana and the Town Board managed the Town into a 9% tax hike just to keep the lights on: Now they’re nine months late to fixing their own mistake, and all of us are going to have to pay.”
Town Board candidate Tom Marron said: “Look, Yorktown hired Competitive before, back in 2012 – before it went bankrupt under a different name. They had the same problems! Missed pickups, sketchy finances… and they treated their workers like dirt. Tom Diana and the Town Board knew this: Councilman Ed Lachterman even said he had more confidence in Competitive because they went bankrupt. They hired Competitive anyway and kept them afloat for nine months. Now they’re closing contracts and spending money where we can’t watch?”
Town Board candidate Steve Shaw said: “Tom Diana and the Town Board are just irresponsible. They waited nine months to do the right thing for the people of Yorktown, but they have continued to show a lack of leadership. For nine months, we’ve had no answers: Competitive’s sketchy finances, how the Town’s projects are progressing, what’s happening to our tax dollars. Where are we now? Tom Diana and the Town Board have either put us all in jeopardy, or they’re lying to make themselves look good.”
The decison to select CRP over AAA Carting comes with many unanswered questions. First, CRP was given Town of Yorktown trucks to collect garbage after Labor Day. Do they have their own trucks to collect garbage?
AAA Carting CFO Pat Cartalemi has been posting updates on the Yorktown Trash Talk Facebook page. Cartelemi claims that the reasons AAA was not selected was due to a lawsuit they filed against the town decision to select Competetive Carting last year.
For the current one-year contract, AAA Carting bid $4,230,000 and CRP bid $4,296,000.
AAA Carting CFO Pat Cartalemi posted on Yorktown Trash, “Before we sat down with them they gave us the framework of what an emergency contract would look like and one of their main points was to dismiss our lawsuit. Our position was we could and would dismiss the lawsuit but we wanted something more long term so we could make the investment in the Town.
“And the Town asked for $16k back in legal fees. When we offered to pay half of it Sergio Esposito said he really did not care about the $16k because it was not his money. He also stated numerous time you have nothing to worry about I am going to be here for a long time. So lets fast forward to yesterday and today. CRP was sent an emergency contract. Can someone tell me when that emergency contract was voted on? Was there an open meeting to vote on it?
“So today CRP is out there without a signed contract. They are out there going back and forth with your Town on a contract that was not voted on. They are also out using Town trucks for collection. Next they are going to be changing the schedule this week because they do not have the trucks to be able to handle this contract.
Remember how they did not vet the last contractor seems like that might be a reoccurring theme from this Town Board,” wrote Cartalemi.
The lawsuit filed by AAA against the town, claiming that Competitive Carting was not a responsible bidder, has been strenghtened by their recent termination. Another lawsuit could arise from the board’s latest decision, based on a violation of the public meeting law, or the fact that AAA was denied their rights to re-bid while maintaining their lawsuit.
The one way that the town could have resolved all of this would have been to admit their mistake, and re-hire AAA to a five year contract effective immediately.
It is alleged that Supervisor Diana wants the Trash Talk Facebook page taken down. But most of the comments on Trash Talk come from Yorktown residents, and most of them believe that Supervisor Diana and the Town Board have delivered innefective public service by deciding, again and again, to give Competitive Carting too many chances. As was as the decision last year, under former Supervisor Matt Slater, to award the contract to Competitive.
The demand for the $16,000 in legal fees stemming from the AAA lawsuit is another strange move, with the $4.2 Million garbage contract much more important.
The choice of CRP is a step up from Competitive Carting, but there is still risk involved. Why take that risk? At least the Labor Day BBQ trash will be picked up.
