Tuesday, January 26, 2010

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."

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