Two members of Bristol Borough Council filed paperwork in county court on Tuesday to bring legal action against the borough, and fellow members of council for approving a a February 2018 maintenance contract.
The lawsuit stems from a contract that the borough agreed to award to former council member Leo Plenski Jr.
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Before and during the vote to award Plenski the $48,000 contract, council members Tony Riccio and Dave Girard raised concerns about the deal. Their concerns stemmed from state law that lays out that contracts of a certain value must go out to bid.
During the first council meeting in March, tempers flared as council members had it out over the letters of notice of potential legal action that the defendants on Council received. The letter addressed to Council argues that state rules state that any bid whose value will exceed a base amount of $18,500 must go out to bid. Further, the letter states, no contract may exceed the current Council’s lifespan of two years. Should the contract not be withdrawn, members of the Council are subject to fines and misdemeanors.
According to Riccio and Girard, their concern over the legality of the contract came after a call to the Pennsylvania State Association of Boroughs, who advised Riccio of the aforementioned rules.
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Council’s solicitor, William Salerno advised govern body on the night of the original vote that the vote and contract would be legal thanks to certain exemptions that do not require the contract go out to bid. Council’s special council, Christopher Gerber, was present and agreed with Salerno.
Tuesday’s filings name the borough, the council, Council President Ralph DiGuiseppe II and council members Greg Pezza, Louis Quattrocchi, and Betty Rodriguez as defendants in the suit. Those council members voted to approve the contract.
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Tuesday’s filings demand, after finding an entry of judgement against the defendants, for the Plenski contract to be nullified, and also demands the payment of damages and costs. The filings also say that the contract must go out to bid.
In Tuesday’s complaint, attorney Louis Hornstine referenced the borough code when he explained that all contracts exceeding $18,500 in value must not be entered into, unless the contractor is the lowest bidder. He further references the borough code, which states that the bids must come from three responsible and qualified bidders.
The contract, included in the filings, is for $12,000 per year for four years.
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On February 27, Plenski was charged by state law enforcement for his alleged connection to an illegal gambling ring being run out of the St. Ann’s Athletic Association. The gambling sting and the contract award were coincidental and borough officials believed Plenski would continue with the field maintenance.
LevittownNow.com was unable to reach Bristol borough officials for comment.
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Editor’s Note: Lou Hornstine has served as the business attorney for LevittownNow.com and its parent company but has no editorial influence over news articles published.
