A State Supreme Court judge on Monday quashed an attempt to stop Oyster Bay’s planned change to single-stream recycling.
Judge Arthur Diamond in Mineola denied a temporary restraining order sought by Forest Hills-based Giove Company Inc. to stop the town from opening bids and awarding a new contract.
Shortly after the judge’s ruling, the town opened the bids and said Winters Bros. Hauling of Long Island had the successful bid, Oyster Bay spokesman Brian Nevin said in an email. The contract would run from Oct. 16 through Dec. 31, 2018, and must still be approved by the town board. Winters Bros.’ website lists its office in West Babylon.
Giove Company has a recycling contract with the town that runs through March 31, 2020.
Diamond said in his ruling that Giove had argued the town should have used a request for proposal, or RFP, process rather than a competitive bid because the contract contemplates special skills and the published bidding notice did not contain enough information for companies to make an informed bid.
Diamond agreed with the town’s position that state law doesn’t mandate a particular way of awarding the contract.
“What is required is that once a method is chosen, respondents must follow the procedures required under that process,” Diamond wrote.
Though Diamond did not grant a stay, the plaintiff will still have a chance to further argue its case when the parties return to court on Aug. 23.
Giove’s attorney, Matthew Didora of Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone LLP, said they were “considering all options available.”
The town uses dual-stream recycling, in which residents and businesses sort their paper and cardboard from plastic, glass and metal. Under single-stream recycling, all recyclables are picked up together and then sorted afterward.
Last week, Supervisor Joseph Saladino announced the town would “focus on the conversion to single stream recycling while reducing the cost of municipal solid waste and increasing the items we will now be able to recycle.”
The town pays Omni Recycling of Westbury $35.75 per ton to pick up and recycle glass, plastic and metal. Giove Inc. pays the town for its paper and cardboard based on market prices and with a minimum of $45 per ton, according to town board resolutions.
Winters Bros. agreed to pay the town $25 per ton for all recyclables, Nevin said.
In addition to Winters Bros., Nevin said that two other companies bid on the contract.