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Kensington Trash Imbroglio, Chapter 2

Kensington's longtime garbage-collecting company may be willing to reconsider the small bombshell it dropped last week when it hand-delivered a letter mid-meeting saying it intended to quit.

If Kensington’s waste collection contract is assigned to another company, there will be no change in service, according to Charles Toombs, board chair of the agency that oversees the town's trash-hauling contract.

The current waste hauler, Bay View Refuse and Recycling, informed the Kensington Police Protection and Community Services District (KPPCSD) board last week that it no longer wanted to collect the community’s trash and requested a reassignment of the firm's contract to Republic Services, which operates Richmond Sanitary Service.

Bay View had requested rate increases of 6 percent for large cans and 23 percent for small cans, the topic of a before the KPPCSD board June 9. The board voted 3-2 against the increase, noting that under the provisions of the current agreement, Bay View did not meet the requirements for a rate increase outside the normal rate adjustment schedule. The were increased last year.

Toombs said he is open to continuing service with Bay View, noting, “We’re always open to talk, but as I said at the meeting, I will not negotiate with a gun at my head.”

Lewis Figone, the owner of Bay View, said he was still open to talking about continuing the contract with Kensington. “I’m still open to negotiating with the town,” he said. “I would like to see them appoint a subcommittee to come down here, and we’ll see what we can work out.”

Figone such a procedure had been standard in the past, adding, “I don’t know why they didn’t do it this time.” He said that he was committed to turning the contract over to Republic Services, effective Jan. 1, 2012, if no agreement could be reached.

Bay View has served Kensington for more than 65 years.

Figone said he had talked to Republic about taking over the contract “several times.”

Shawn Moberg, general manager at Republic's Richmond Sanitary, said he had very little advance notice that Figone was going to take action last week. “We had a brief discussion,” Moberg said, "but I didn’t know he was going to send out letters until I got a copy, five days later.”

According to Moberg, there would have to be discussions with the town if they wanted to grant Figone’s request. He said a timetable of Jan. 1, 2012, is "reasonable."

“We have other communities with service similar to Kensington, so it wouldn’t be a problem,” he added. 

According to  Toombs, “Anyone who accepts the service will have to abide by the current contract,” which means that backyard service, green trash removal and any other services delineated would have to continue.

Moberg said his company provides backyard service in other communities. In several communities, Richmond Sanitary operates a more automated service with trucks that use robotic arms to collect trash containers placed curbside. But according to Moberg, that’s just one of several methods the company uses.

Toombs says the next step for the board is to conduct "due diligence" in evaluating Bay View's request to terminate the contract and probably take a close look at the operation of Richmond Sanitary. He said it might entail hiring a consultant, but he was unsure of how long the process might take.

The trash issue is not currently on the agenda for the next board meeting, but according to Toombs, "Things could change." The board meets the second Thursday of the month at 7 p.m., which would be July 14.

During the public comments but before the board vote on June 9, Figone hand-delivered his letter, saying he wanted the contract to be assigned to Republic Services.

After submitting the letter, Figone and his General Manager Greg Christie left the session, followed shortly by other Bay View staff members. That tactic did not sit well with Toombs, who said, “Throwing the letter at us and just walking out is not negotiating.”

According to Christie, it wasn’t the intent of the company to stage a walkout en mass, but they all came to the meeting in one car, and once Figone got outside, he realized “he didn’t have a ride home” unless the other Bay View representatives came too.

When asked if there were any other options, Toombs said the town is “always open to negotiating. If there’s a problem with the contract, we are always willing to talk and anything is possible, but we will not be blackmailed.”

“Mr. Figone feels he’s been mistreated by the town, but I think the town has been mistreated,”  Toombs added.

Bay View Refuse has contracts to collect trash in Kensington, Sausalito and Marin City.

Figone’s nephew, Mark Figone, runs East Bay Sanitary Service, which collects trash in El Cerrito.

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Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors. Write a new post... What's up? Make an announcement, speak your mind, or sell something
Kathy A. May 23, 2013 at 08:42 pm
Even though schools will be on vacation sometime soon, there is a LOT of summer camp activity aroundRead More the community center, pool, and Cerrito Vista Park, and I think the EC Preschool Co-op also operates in the summer.
This weekend Playland turns 5 Years Old! Help us celebrate this milestone AND suppoet a worthy cause.  Fight Back against cancer by celebrating more birthdays!!
Frank - Fabulous Fun Facilitator May 23, 2013 at 08:14 am
JUST ADDED - Magical Nathaniel will also be preforming this Friday night. Come have fun, play gamesRead More and support our El Cerrito Relay For Life and Playland PALS.
gretchen davidson May 21, 2013 at 12:00 pm
Yes I would love to take one off of your hands. Please email me at gretchen_davidson@yahoo.com toRead More discuss off board.
Elaine Binger May 20, 2013 at 07:30 am
Gretchen, I have several different sizes of rakes. If you want to come see them, let me know throughRead More Patch. Elaine
gretchen davidson May 16, 2013 at 02:50 pm
Was that what i heard in the middle of the night on Wednesday? I thought i was dreaming. It soundedRead More like some sort of loudspeaker.
Robin M. Blind May 15, 2013 at 09:16 pm
Gee...are you SURE that alarm IS coming from Portola Middle School? Um...I suppose that you ARERead More sure! Yes...it IS turbo-annoying but I had assumed that it was some stupid car alarm.
Bonnie MacKenzie May 11, 2013 at 11:55 am
Can you please be more specific about the nature of the problem for those of us who do not live inRead More the neighborhood?
John Stashik April 25, 2013 at 09:03 pm
Thanks for the press release, err... story. Now how about El Cerrito news? The Patch staff is lazy.
Dorothy Coakley April 8, 2013 at 08:02 pm
Good thought, Julian.
Julian April 8, 2013 at 11:32 am
I've spoken with him, he is educated, intelligent and articulate. He is also angry and sometimesRead More irrational. I dont know his story but his "street art" stands on its own legs. If you would like to help him, and yourself, buy and enjoy his art.
Rita Wilson April 7, 2013 at 09:51 pm
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Dorothy Coakley March 27, 2013 at 04:36 pm
I did mention that I'm donating 10% of my royalties for "Midnight" to the EC's Open SpaceRead More fund, didn't I? I'm a Down-home Ten Percenter.
Dorothy Coakley March 27, 2013 at 04:31 pm
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Lucy March 27, 2013 at 12:58 pm
What a great idea for pocket parks!!! I am all for them. Instead of spening a big amount on oneRead More (which we don't have space anyway), I would like to see many mini parks of $20,000 along the Bart tracks. With more visibility and people hanging out, it would make Bart paths safer too, especially the one around fairmont park. Really mini pocket parks just needs some play structures, benches and tables there.