Attorney Harry Damkar used the San Benito County Board of
Supervisors meeting Tuesday as a forum to
”
set the record straight,
”
concerning a suit filed against his client, San Benito Tire.
Damkar was present at the meeting to represent his client, Bob
Cain, owner of San Benito Tire, against allegations made in the
press which have also spurred a lot of discussion within the
community, Damkar said.
Attorney Harry Damkar used the San Benito County Board of Supervisors meeting Tuesday as a forum to “set the record straight,” concerning a suit filed against his client, San Benito Tire.
Damkar was present at the meeting to represent his client, Bob Cain, owner of San Benito Tire, against allegations made in the press which have also spurred a lot of discussion within the community, Damkar said.
“These recent libelous allegations that have been made in the press … require a response,” Damkar said. “They’re not going to stand behind anonymous names. They’re not going to stand behind these kinds of spurious and vicious attacks that they’ve suffered.”
The allegations stem from a time period in 2001 when the contract San Benito Tire had with the county was opened for competitive bidding, Damkar said.
At that time, allegations were made that both Sheriff Curtis Hill and the county’s head administrator, Gil Solorio, discussed with Cain allegations made by competing bidders that San Benito Tire had delivered substandard service and should not receive the contract, Damkar said.
“It was Mr. Cain’s understanding at that time … that these allegations had no basis and no complaint was ever filed by anyone,” Damkar said.
Some of these allegations were made by Autoworks owner Don Kelley, who was unaware that anyone was going to be speaking about the issue at the meeting, he said.
“After I found out we were denied again to have it agendized and possibly have some recourse taken to have a fair and legitimate process occur, I pretty much took it as don’t show up again,” Kelley said.
Kelley went before the Board members Oct. 29 to ask that they terminate San Benito Tire’s contract – saying that it was awarded unfairly and that the work conducted during the term was negligent. The Board denied this request.
The entire issue has been severely blown out of proportion and if eye witnesses to the negligence were able to come forward, the truth would be apparent, Kelley said.
“It would be interesting to know where (Damkar) gets his facts from,” Kelley said. “I know the evidence that exists out there, and I know that if the deputies that witnessed the evidence were allowed to come forward and state what they saw, this matter would be cleared up in a matter of seconds.”
Cain and San Benito Tire welcome competition both in the bidding arena and in the marketplace, Damkar said, however the alleged allegations are preposterous.
“There’s never been anything to prove that these existed,” he said. “It’s really hard to un-ring the bell in the public’s eyes, so we have to stand up here and say that.”
Kelley has a different view on the subject, however.
“I’ve never seen so much effort put into not letting the truth come out,” he said.
In other Board business:
– The Board voted unanimously to approve new rates to be charged by Norcal Waste Systems of San Benito County.
The refuse, recycling and yard waste collection service conducts an annual rate review, which resulted in a 2.28 percent increase for 2004. This translates into a 31 cent increase to residents, said Mandy Rose, director of the integrated waste management department.
“The reason I say majority, is that it’s for the 32-gallon rates, and that’s what the majority of our residents have,” she said.
The new rates will take effect Jan. 4, 2004, and there will be a letter sent out informing residents no later than the middle of December, Rose said.
– The Board also approved the nomination of Richard Bettencourt to the county planning commission.
Bettencourt will fill the empty position vacated by Commissioner Dennis Madigan, whose term was terminated by the Board in September due to Madigan’s misunderstanding of his duties as planning commissioner, according to Board members.
Supervisor Reb Monaco nominated Bettencourt for the position, which was approved by a 4-0 vote of the Board.
– Supervisor Richard Scagliotti was absent for the second consecutive meeting.
