The Huntington Town Board voted last week to adopt a recommendation to continue contracts with two trash haulers, with an option to terminate if one of the firms' owners is convicted of the criminal charges against him.
The recommendation comes as Giustino Gallone, who owns Jody Enterprises Inc. and has a stake in Alpha Carting and Contracting Inc., faces prosecution for a felony first-degree charge of offering a false instrument for filing.
"Their recommendation deserved to be followed," Town Supervisor Frank Petrone said in an email Monday about the town's Board of Responsibility, which made the recommendation last month. "It keeps all options open until there is a resolution of the Jody Enterprises case involving Smithtown and all the facts there become known."
The Board of Responsibility reviews the town's existing and pending contracts.
In December 2009, Huntington entered into seven-year contracts with the possibility of three, one-year extensions with Jody for $4.9 million and $4.7 million for Alpha. Petrone asked the Board of Responsibility to review those contracts after Bay Shore-based Jody Enterprises and two of its employees were charged in August with stealing more than $200,000 worth of paper recyclables from Smithtown over two years and diverting the bundles to a West Babylon-based salvage company.
Jody and its employees pleaded not guilty to grand larceny and other charges.
In September, Jody owner Gallone was arrested and charged by Suffolk County authorities who said he failed to reveal he was also part owner of Alpha Carting while seeking a contract with the Town of Babylon. He pleaded not guilty. The Babylon contract was never signed.
During Huntington's review, the board discovered the ownership disclosure issue, which created a breach of contract.
Gallone is awaiting a date in Suffolk County District Court, according to town officials.