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Whitby Free Press, Wecfresdlay, November 231994, Page 21 ICon tractor sues Durham Région and Whitby FROM PAGE 1 Pachino filing a $1 million sian- der suit a ai. rnle oethensBull of Last June,' regional ceuncil tokteuuulstep of award- ing the Brooklin contract to the Queensville received the contract even though its bid was about $10,000 more than Pachino's. Council's action followed Brunelle's earlier questioning of stafl's reconimendation to give the job to Pachino. Due te Brunellç's queries and other information~, the contract was put on hold and Durham Regional Police were notified. A'fraud unit investigation of illeged improprieties between public works staff and cempanies that tender on Region contracts came up empty. But an internai probe of the works departmnent by senior Dur- ham managers resulted in the firing of a long-terni employee. Pachino filed its siander suit against Brunelle for his alleged role in regional council's decision and the subsequent police inves- tigation. Thlelawsuit contends that dur- ig a closed door session of the wrscomzittee on May 4, Brunelle supposedly told works commissioner Vik Silgailis that "Your enipoyees are ail on the- tace from Pachino' Brunelle denied making the comment and insisted hie was only doing bis duty in bringing j forward information that resul- ted in the police probe. Brunelle bas retained legal counsel, paid for through t he Reion s insurance policy, and Winl contest the lawsuit. An examination for discovery involving the two parties and their lawyers is scheduled for Dec. 6, Palma said. Prier te filing the lawsuits, Pachino had received 'feelers' from at least one of the parties involved in the dispute, Palma said. A meeting te resolve outstand- ing différences may yet be held, he said. "Maybe 10 d y s from now (last Thursday), we'll ail sit down and Ilil tell them (Region) 'you ruined our cash flow and reputation'," said Palma. "We got cails askig if w e were going under," he recailed. "I spent more tume on the phone worrying about someone's stupidity, rather than trying to get subeontractors." Although Pachino's right te bid o n Region contracts was put on hold ciuring the police probe, it was later lifted and the conipany bas continued to receive workc. But Palma feels the firm's reputation bas been tarnished. 'TEI avoid going te discovery on Dec. 6 and the lawyers won't make money, if maybe there's an apology in the newspaper,»- he said. "We do about one-third of our work in the rein It's close te home and t hey're a good client ... we still want te work there." Aithough Durham and Whitby ofïlicials may argu e otherwise, Palma insists aI I of Pachino's cost overruns on the Anderson Street project were legitimnate. w.NNO MICNIstI bG E AT For example, the design of a drainage ditch was altered three différent times, Palma explained. «'The engineers (Semnas) were under the ,gun and had to rush the design,» he said. "They rushed to get it to the Town and it right sit there for three days before it got the okay. Meanwhile, I'm sitting there waiting'» More than 40 work orders sub- mitted by Pachino, for an extra $221,000 above the original ten- der, were honoured. But Durham and Whitby balked at paying more. "We're stili willing to sit down and iron it out," said Palma. "We feel we have a very strong case, but we're going to be rea- sonable. We don't need confron- tation." Whitby administrator Bill Wallace said the matter has been *"Ç DR. MWICHAL" GREENGLASS 220 Duncias St.W. #102 (Dundas-CentreY Medical Building) Whitby - L1 N2M3 E430-4822 Evenlngs & Saturdays Emergencies & New Patients Welcome referred te the Town's insurance COTh~e~y will make an y defence on the action," said Wallace. "The insurance company wil enter a response and deal with it. If it's resolvable, it's up te, the insurance company. They're on the spot," ho added. Durham Region chief admin iis- trative officer Garry Cubitt said the Region's two suits were refer- red te staff lawyer Brian Roy. "As soon as we fnd ourselves in a state of litigation we're compelled net te say anything," said Cubitt. "It's in the hands of our solici- tor. Re Webster, president of the Whitbty-based Semnas flirm, aise had little comment. «We're doing a preliminary review of it, but we believe the allegations are faîse," said Webs- k DENTAL FACTS Water Fluoridation * Community water fluoridation is the *most effective and efficient method of *preventing dental caries. Fluoride is a nutrient that occurs naturally to some extent in ail water supplies and many foods. It is not always present however, in the amount needed for optimal oral health. Fluoride is especially beneficial when supplied during tooth development. Fluoride is incorporated into the enamel when the tooth is being formed and even after eruption. 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