ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, June 28, 1995                   TAG: 9506280031
SECTION: VIRGINIA                    PAGE: C-1   EDITION: METRO 
SOURCE: SARAH HUNTLEY STAFF WRITER
DATELINE:                                 LENGTH: Medium


COUNTY OUT $360,000 FOR `TRASH'

When Roanoke County officials doled out $360,000 last year, they thought they were buying three brand-new, state-of-the-art, cost-saving trash trucks.

Instead, they got "lemons."

Director of General Services William J. Rand III told the Board of Supervisors on Tuesday that three of the county's much-hailed "one-arm bandits" have racked up hefty service bills, cost $14,900 in overtime and posed unnecessary environmental risks.

The three trucks, purchased from Wayne Engineering Corp. of Cedar Falls, Iowa, have been inoperable almost 20 percent of the time during the past year, Rand said.

"I've got three trucks that cause me to hold my breath every morning," he said, "and I don't stop holding it until they come back at the end of the day."

The county's five other trucks, bought from another company that's now defunct, are working fine, Rand said.

Within months of buying the three trucks from Wayne Engineering, however, general services employees noticed gaping cracks in the steel frames and on the arms that lift the garbage. In addition, the county has had to replace the packing cylinder, which compacts the garbage, at least once on all three vehicles.

The most serious fault centers around the trucks' hydraulic systems. A failure to provide adequate clamping has resulted in blown hoses and more than 10 toxic spills, including the much-publicized spill on Greenway Drive last June, Rand said.

In that spill, one of the trucks sprang a leak and spewed 45 gallons of hydraulic fluid. Efforts to pressure-wash the toxic liquid exacerbated the problem, leading to new lawns for several residents and a $43,000 bill for the county.

County Attorney Paul Mahoney has attempted to collect reimbursement from Wayne Engineering, but the company is willing to pay only $6,000 of the cleanup costs.

Attorney William Fralin of Roanoke, arguing on behalf of Wayne Engineering, told the supervisors that the bungled cleanup efforts, not his clients' trucks, are to blame for the high costs incurred by the county.

But that response - and the other problems with the trucks - are unacceptable, Mahoney said Tuesday. He urged the supervisors to consider barring Wayne Engineering from bidding on future contracts.

"We maybe got a lemon the first time out," Mahoney said, "but it's hard for me to believe we bought three vehicles and got three lemons."

The Board of Supervisors has allocated $140,000 to buy a new truck within the next year. If Wayne Engineering offered the lowest bid, it is possible the county would be required to purchase a fourth truck from the company.

"I believe these vehicles are flawed in design, that the service has not been what I would expect from a brand-new vehicle, and that we have not been treated as a valued customer," Rand said. "It seems ridiculous to me to think that I could get a fourth truck that is flawed, merely because they are the lowest bidder."

In responding to the county's charges, Fralin asked the board to consider the ramifications of barring the company from offering future bids. Other than Wayne Engineering and its partner, Leach Company, only two firms distribute the automated trash trucks, Fralin said.

"You would be left with only two entities placing bids," he said. Less competition means "you'll end up paying thousands of dollars more in taxpayers' money to purchase trucks over the next few years."

Fralin also urged the supervisors "to keep an open mind" about the problems and argued that his client has more than met the conditions of the warranty.

The one-year warranty, which expired in May, states that Wayne Engineering will not assume responsibility for parts manufactured by other companies, nor for subsequent damage caused by faulty parts.

These stipulations angered at least one supervisor, who called for the county to re-examine its procurement practices.

"I'm appalled that the county would accept any agreement that says what this says," Supervisor Harry Nickens said.

Discussion about the county's responsibility for the warranty agreement was cut short, however, after Supervisor Bob Johnson cautioned board members about the effects their statements could have on any litigation.

"I don't see any need to provide Mr. Fralin's client with ammunition," Johnson said, requesting that the matter be revisited in executive session. State law allows public officials to meet behind closed doors to discuss potential litigation.

Although Roanoke County has not filed suit against Wayne Engineering, Mahoney said civil litigation is likely if an agreement is not reached soon. The county would try to recover the $43,000 cleanup costs for the Greenway Drive spill plus the overtime and repair expenses attributable to the trucks' other problems, Mahoney said.

The supervisors voted 3-2 to table for 30 days the motion to bar Wayne Engineering from bidding on future contracts in the hopes they can reach agreement on the matter.



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