Matthew Luadzers's Complete Transcript from the January 19th Council Meeting

Presentation to the Jefferson City Council on January 19th from Matthew Luadzers:

"Good evening to the members of the council, Mr. Mayor. My name is Matthew R. Luadzers I live at 912 Country Ridge Drive.

"I think of this nation of a land of freedoms and liberties. Recently on all levels of government this has been forgotten by those that have been elected to represent the people of this republic even here in my beloved home of Jefferson City. It appears the members of this body that voted for and passed ordinance number 14487 gave very little consideration to the affects the ordinance would impose on the rights of the citizens endowed to us by our creator as outlined in the United States Constitution and the Missouri State Constitution specifically the Fifth Amendment. The considerations to anti-trust laws that prohibit any entity of creating a monopoly have also been mute to this point. The current ordinance 14487 and 14486 creates such a monopoly. All of these oversights have been summed up by a single quote “The city has the ability to regulate public health and welfare” said Nickolaus. “I have been asked about this imposed tax. This is not a tax and most importantly, people are not paying any money to the city but to a private company therefore not bearing the definition of taxation” Published: Tuesday, October 13, 2009 9:18 AM News Tribune. I am not a lawyer but that sounds like extortion and absence of due process for those who do not use the bins for whatever reason.

"Although this is not a tax no one can dispute this is government intrusion into private lives of the citizens of this city. At what point does this intrusion end? Will at some point the city government decide that it is its responsibility to layout guidelines and penalties that my family’s food must come from a farm that produces only organic food and that all utensils be sanitized in a specific way and cooked only be an approved method? Will the city send a code enforcement official to each residence to collect forms kept to prove that the good citizen is complying too his nanny city governments requirements? Trash service is needed; it is the responsibility of each citizen to dispose of waste in a legal manner. The legal method should be the choice of each citizen.

"It appears neglect was shown in discernment of who should and should not be required or mandated to have a residential account with the current vendor. One concession that should have been considered are for business owners that have the ability to take their waste to their commercial bin if they wish, for those that do not generate as much trash or more trash than another resident, or for the indigent that can not afford the trash service under a single account. Now this body deliberates on the last issue; the indigent. This body wishes to enter into an agreement with a charitable organization by donating tax payer money to resolve an issue this body created by not making those considerations. In the last lengthy discussion regarding Bill 2009-117 it was pointed out that “this does not create a new entitlement program and that City Attorney Nathan Nickolaus reminded the council the city does provide legal protection for all residents under the law, but the city does not have any obligation to provide benefits or assistance to anyone”. (Published: Tuesday, December 22, 2009 11:13 AM News Tribune) I agree with what the City Counselor said. However, this bill would create the expectation that the city will take care of the indigent for the remainder of this contract. What happens when the city recycling revenue falls below the necessary margin to support such an expectation, or the indigent list grows? This citizen anticipates the city will revisit this matter and decide to use general revenue or to begin “earmarking funds for lack of a better term” by adding a new ordinance to support this new welfare program.

"I must request this council to deliberate on whether adding a new expectation to this obtrusive bill is the best method to solve the problem that exists. In my mind it is not the best method and should be abandoned. Thank you for your time and to everyone on this council and the mayor for all the hard work you do on all the issues that come before you."

How Many Jefferson City Residents Received Summons?

Allied Waste claims between one hundred and three hundred subscribers to their service received summons for nonpayment.

Another source--unidentified--claims about ten percent (1400) subscribers have not paid.

There is a group in Jefferson City collecting these names.

If you received a summons, make a comment. Use your name or sign in as anonymous.

I personally would like to see how many summons were issued, attend a few court dates to see how things get worked out, and best of all--I would like very much to discover how much this is costing the city--or how much the city hopes to make.

Remember: According to the contract, if you don't pay Allied Waste, Jefferson City is the collection agency--not Allied Waste.

Arthur Brown's Testimony Before the City Council

Mr. Mayor and Council members, my name is Arthur H. Brown and I live at 714 Clark Street.

Hopefully by the time my turn comes to address you tonight, you will already have heard from some of the citizens of Jefferson City about their concerns and dissatisfaction with Allied Waste and their trash service.

Allied Waste is not providing adequate services that the contract states they are to provide justifying the higher rates with less service
>From two pick-ups a week to one pick-up a week
>From one larger container to two smaller containers (one for recyclables and one for trash)
>We do not have the option to not recycle, but we are charged the same price for the service.
>And last, but not least, the entire package is mandatory.
Now you want to add the Samaritan Center project to the bill. Can you not see why we citizens of Jefferson City are upset with both the Council and Allied waste? One size shoe will not fit every citizen of Jefferson City!

Allied Waste representatives will come before the council tonight and paint a pretty picture--talking about how well the trash service is being accepted, how successfully things are going. I beg to differ and a lot of other citizens feel the same as I do. May I make reference to the large number of residents who are being referred to the great system for non-payment of trash services.

Mr. Mayor and Council members--Please listen to these citizens tonight and do what is in our best interest. Allied Waste is not concerned with the citizens of Jefferson City; they are only in this contract for their profit and greed!

The City Council's charge is to represent and listen to the citizens of this city and conduct business that is in their best interest. Make some changes to your ordinance 14487 to promote fairness and honesty in trash/recyclable collection in Jefferson City. Give the citizens a fair shake in this matter. That's all most people want.

Thank you very much.

Arthur H. Brown

City Council Meeting and the Garbage Problem

January 19, 2010: City Council meeting and the room is standing room only--about half are here for the Allied Waste/Jefferson City issue and the other half for the clean air report.

Rich Graham of Allied Waste: "We have recycled 572 tons. This averages to 8.3 pounds per household per week and about 36 pounds per month."

I had to do the math. 8.3 X 4 equals 33.2 pounds--but I guess since months are longer than 28 days (except for February), maybe that's where the extra weight came from.

"Of the 1665 pounds of solid waste, 472 pounds are recyclable."

Notice how the numbers have changed.

"Thirty-seven percent of the trash is recycled. We have the highest percent of recycled trash."

During the question and answer period, he explained how the volume of calls were greater at the beginning of the program, but that is down now. Furthermore, the phone company has given the company more capacity and Allied Waste has hired another individual to man the phones.

Klimpt asked about the billing. "Maybe between 100 and 500 are not paying," Graham answered, "but I'll have a good number later this week." (According to this blogger, the number is more like 1400.)

"we still have 200 large containers left. Between 200 and 300. We'll be finished by the end of February."

Ferguson asked about residents getting bigger containers. "Residents can request 95 gallon barrels for $1.95 a month extra," Graham explained.

Mr. Tolson testified that the program was not well thought out. He did not like being considered the "current resident." His main problem is how the cans are left out on the street the entire time.

Ms. Symes said that the garbage issue is a "horrible misunderstanding." The part about it being mandatory caused her the most trouble. She complained about Allied Waste using the landfill, but the mayor explained that the city never owned the landfill and that Allied Waste had purchased it from private individuals.

She felt Jefferson City citizens were not offered a choice and the "once a week pick-up is an inconvenience for most people."

Mr. Parnell stated that we should have a choice if we want to recycle. He stated that he is threatened by the city placing a lien on his house if he doesn't comply with the ordinance.

Mr. Stellar was the only one to testify in favor of the program: "I like the system. That doesn't mean it's perfect. but we're a community and communities share costs."

He offered a few examples. "I pay the school tax even though I have never had a child in Jeff City public schools and even though I do not ride a bike, I still contribute to the greenways."

Mr. Farr complained that other communities are using the Jeff City landfill. "One of the reasons I supported the program was to give the landfill a longer life. With other Allied Waste communities like Fulton using our landfill, it has a shorter lifespan."
"
Mr. Steinman claimed the landfill the city owns needs to be cleaned up. "The rats are so big it's not even target practice."

"Allied Waste raised the price of the landfill. Now a three ton load is the same price as a half ton load."

He stated he would not contribute anymore money to the Samaritan Center if they accepted the city's money to pay for those who cannot afford the additional cost of garbage pick-up.

Ms. Robben explained how her family of seven needed more capacity. She was proud of the way her neighborhood looked, but now she is embarrassed because of the garbage bags that do not fit in her can and have to be placed next to it.

Ninety percent of her trash at her business is glass, but Allied Waste does not recycle glass. In order to solve her garbage problem, she is paying double for double the pick-up.

Ms. Mason explained how the garbage issue is embarrassing her. "Over the Christmas holidays, I took my guest on a tour of the Christmas lights and I was embarrassed by all of the garbage everywhere.

"The drivers do not get out of the truck and they miss their bins. I'm embarrassed to see trash everywhere."

She concluded with: "Is Allied Waste green for the people or for their pockets?"

Scrivner asked her about the garbage and she told him, "If the lid closes, there is not too much garbage. They spill out the contents and do not pick it up. Garbage is everywhere. I have pictures on my phone."

I left out two of the individuals who testified because I have their written testimony and I will present it in a later blog.

Letter to the editor--News Tribune

Sorry, I can't access the letter to the editor from the Internet, nor do I know who wrote it, but here are two points I'd like to bring out:

1.) Allied Waste will be speaking on its contract at the City Council meeting held this Tuesday night at City Hall.

2.) The letter said the meeting would be held on Monday night. Monday is a holiday. Tuesday is the actual meeting.

3.) Everyone opposed to the Allied Waste/Jefferson City garbage contract should show up to express their anger at mandated garbage pick-up for every unit for more money and less capacity.

OK, three points.

At The AmerenUE Meeting

The first individual to give testimony against the proposed fare increase AmerenUE wants, did not speak on the increase at all. Instead she blasted Jefferson City because the garbage disposal increase--more money for less capacity (though she did not mention the smaller capacity)--and explained in detail how hard it is for her to live on a fixed income.

The city claims only forty-four families need assistance.

I guess she isn't one of them.

And I still don't get how each unit has to have its own garbage can.

But then Jefferson City does have a lot of vacant housing and storefronts. Can this be because of nickel and dime increases to benefit the few instead of assisting and helping the many?

Today's Garbage Pick-Up

So I go outside to do something else and I find myself picking up the litter the recycling garbage truck left behind--three plastic bottles, a gallon container, and enough junk mail envelopes to fill a plastic grocery bag.

OK--I'll just place the items back in the recycling can--but guess what? Three large pieces of cardboard are still in the can and a few other items. Now I know they came to collect it this morning because it was stuffed fairly well, but this is too much playing.

So I take everything out and put it in the regular garbage can and now it's overflowing with garbage because even though we pay more money for the garbage service, we have less capacity--a lot less capacity.

This is not the first time I had to pick up litter and it probably won't be the last, but I don't think my service agreement includes me spending time collecting my garbage after the garbage truck empties it.

So now what? We need Jefferson City to include a street cleaning service and an anti-litter brigade because I not only collected my garbage, but garbage from a few other cans too.

No problem, though. Keep in mind always that Jefferson City went into this contract with Allied Waste because Allied Waste actually pays the city $7.50 for each collected metric ton.

I guess the city will do whatever it can to make more money.

Tattoos anyone?

What You Can Do--Notify the FCC at 1-877-382-4357

The Federal Trade Commission has been made aware of irregularities in the mandatory garbage program with Allied Waste and Jefferson City. The main concern is the provision making Allied Waste tjhe only garbage company on record. Is this considered to be a monopoly?

If you feel the contract with Allied waste and the city is indeed unfair (in violation of the Clayton Act) then please contact the Federal Trade Commision at 1-877-382-4357.

The more individuals who contact them, the faster they will act.

Is the Contract between Allied Waste and Jefferson City a Violation of the Clayton Act?

Is there a violation in the anti-trust laws as stated in the Clayton Act between Allied waste and the City of Jefferson?

Read the below paragraph taken directly from the Clayton Act. Is the contract between Allied Waste and Jefferson City in violation of this act?

If so please leave your comments. (All comments will be published--pro and con.)

"It shall be unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such commodities are sold for use, consumption, or resale within the United States or any Territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, and where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them: Provided, That nothing herein contained shall prevent differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such commodities are to such purchasers sold or delivered: Provided, however, That the Federal Trade Commission may, after due investigation and hearing to all interested parties, fix and establish quantity limits, and revise the same as it finds necessary, as to particular commodities or classes of commodities, where it finds that available purchasers in greater quantities are so few as to render differentials on account thereof unjustly discriminatory or promotive of monopoly in any line of commerce; and the foregoing shall then not be construed to permit differentials based on differences in quantities greater than those so fixed and established: And provided further, That nothing herein contained shall prevent persons engaged in selling goods, wares, or merchandise in commerce from selecting their own customers in bona fide transactions and not in restraint of trade: And provided further, That nothing herein contained shall prevent price changes from time to time where in response to changing conditions affecting the market for or the marketability of the goods concerned, such as but not limited to actual or imminent deterioration of perishable goods, obsolescence of seasonal goods, distress sales under court process, or sales in good faith in discontinuance of business in the goods concerned."

Buttons for Sale

The Citizen Action Committee Against Mandatory Garbage Pick-up has a new button for sale. The button has a garbage can with a lid and an X through the entire image.

It only costs a dollar.

What a bargain.

Contact Arthur Brown at 353-3039 for more details.

read what the News Tribune has to say about the mandatory garbage can situation and those who canot afford to pay by clicking here.

Now I will paste an email I received from Ray Walker:

Rosa,
In your story: Resident: Indigent trash program 'arbitrary, capricious' Published: Tuesday, January 5, 2010 1:30 AM CST
I noted the following inaccurate quotes:

First
" believes there are more than 40 persons" Perhaps I did say this but I immediately, deliberately and distinctly corrected any references from "persons" to "households"

"presented city staff with data from the U.S. Census Bureau" The data is NOT from the U.S. Census Bureau but is from Jefferson City Chamber of Commerce brochure attached and is repeated at this link (click here).

This link corroborates the Chamber's data:

(Perhaps it may be found interesting that the Chamber's data was prepared at some expense to the Chamber by Decision Data Resources and exactly matches that obtained by me from City Data at no cost)

Secondly:
The quote attributed to Ms. Fast "the census data defines households differently" is incorrect in that she distinctly said "the government defines households differently" with NO reference to "census" and this data is NOT from the U.S. Census bureau.

Thank you for your attention to this matter.
Ray Walker

Mid Mo Samaritan Center

From their web page which you can see if you click here and then scroll down comes this interesting piece of information:

"We receive no government funding, but rely on donations from churches and the community."

So how do they now begin to take government money? I guess they better get their board of directors together and make the needed changes in their articles or in their charter to take government money.

Of course, the City of Jefferson can add new employees to assist with the payments for those who cannot afford to pay. I'm sure they already are interviewing--though I really don't know--for the positions that will be needed to enforce the payments of those who did not pay Allied Waste. Remember--the city is responsible for collecting and punishing those individuals who refuse or just do not pay.

Comments on the Mandatory Garbage Can Issue

Click here and scroll down to comments.

Selected comments below:

cherchante wrote on Dec 27, 2009 8:31 AM:
" Let's see. Infrastructure is in shambles according to some. Streets falling apart. Curbs are in dismal shape busted to pieces and falling apart. Got to have sidewalks even though there was no need for them in the 1960 and earlier and moratoriums can be granted for Giant Companies to be allowed to escape the cost.
Streets are snow covered today when in the past one would never see that.
But the city officials can force the home owner to pay for side walks, repair curbs, and the elderly to drive to church on unsafe streets while thousands spent are on providing a solution to a problem they created. Now is this an example of tyranny or what? "

boscoe wrote on Dec 24, 2009 1:31 PM:
" 1519, you find it very interesting that different households can have different needs? That is crazy, man!

Every household should be exactly like every other household. They should have the same number of kids, same incomes, same make of cars, same religion, etc. I guess diversity is not what Jefferson City Council wants to support?

Treat every household the same.
Give every household the same # of pickups and same sized containers.
Charge every household the same amount.

Diversity is bad.
Compliance is king.
Assimulate or die. "

Tyler Woods wrote on Dec 22, 2009 10:14 PM:
" The best thing to do right now is call your current council person and express your concern with what is happening on the new trash service. Call them day or night as that is what they were elected to do, is serve you the people. If you are against or support the trash issue, every voice counts. I am also welcoming calls and emails as I am running for the city council position in Ward 1. Please call 573-230-3072 or email tyler.m.woods@gmail.com with any questions, comments or concerns as I would like the opportunity to discuss and assist you anyway I can. "

cherchante wrote on Dec 22, 2009 7:15 PM:
" Interesting! No report on how many hundreds of thousands that the city revenues are down! Would the News Tribune like to justify the omission of that perhaps salient detail? And nor is there the first bit of evidence of investigative reporting that would show how many thousands of households there are in the City of Jefferson who fall below the federal poverty guidelines but yet city employees can justify that there are only 40 or so households in line for receiving how many thousands of dollars of trash bill coverage from taxpayers via a "respected" charitable, 501(c)(3) organization who will change their standards to now funnel government money? Go here, page down to "Quick Facts" http://www.midmosamaritan.org/info/stats.htm "

And now we will create a blog just to look at Quick Facts" http://www.midmosamaritan.org/info/stats.htm