Daily Freeman (Kingston, NY)

Officials seek meeting over waste collection dispute

- By William J. Kemble news@freemanonl­ine.com

Town and village officials plan to meet later this month with Waste Management representa­tives to determine if legal action can be avoided in the dispute over the company’s continued collection of residentia­l trash despite losing a bid for exclusive rights to a rival firm.

Village Mayor Tim Rogers said no enforcemen­t is immediatel­y planned to have Waste Management recognize recently adopted rules limiting service to the firm County Waste.

“We hope to sort it out,” he said. “We’re taking it as a courtesy. I think the situation is pretty clear. This is commonly done in other communitie­s.”

After abolishing a permit system that had allowed five different haulers to work competitiv­ely, village and town officials earlier this year hired granted exclusive rights for residentia­l waste collection to County Waste. County Waste submitted the lowest of three proposals at $26.45 per month for residentia­l collection, while Royal Carting and Waste Management submitted proposals that were about $10 more per month.

However, Waste Management’s attorney Patrick Malgieri said the municipali­ties incorrectl­y adopted the new regulation­s.

“We have shared with both the town and the village our objections to both the process and their substantiv­e right to do what they’re purporting to do,” he said.

“We pointed out to them that there is not the right to grant exclusive franchises

in the state of New York and franchises, if you’re going to grant them at all, (must) comply with certain procedural requiremen­ts, which they did not comply with,” Malgieri said. “They came back and said use of the word ‘franchise’ is unfortunat­e because (the municipali­ties) granted a license.”

Malgieri added that calling it “license” would also be out of compliance with equal protection provisions of state and federal law.

Municipal officials changed the law in response to complaints about the noise from predawn trash pickups. They noted there are 1,698 residentia­l trash pickup customers in

the town and village, with about half being Waste Management customers.

Town Supervisor Neil Bettez said there are no immediatel­y plans to enforce penalties of up to $250 per day.

“I think County Waste’s attorneys are going to deal with Waste Management,” he said. “We’re going to let them take the first crack at it and let them pay their attorneys before we get involved.”

Bettez acknowledg­ed there was not a smooth rollout of the trash pickup plan by County Waste.

“They had a hard time getting all the containers out,” he said. “But I think that’s all done now ... and, if Waste Management wants to continue to pick up, we’ll fine them and we’ll make some money.”

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