Below is the bill the city council introduced on Monday night's March 15th meeting. I do not know if this was approved because I canot find any information on it in the media. If you were at the meeting, maybe you can tell me something and I'll add it to this blog.

2009-146
Amending Code Pertaining to Trash Service by Clarifying Landlord Responsibility (Carroll)
Staff: Nathan Nickolaus
BILL SUMMARY

BILL NO: 2009-146

SPONSOR: Councilwoman Carroll
SUBJECT: Clarification of Trash Service for Owners of Single-Family Residences and
Duplexes

DATE INTRODUCED: March 15, 2010

Summary: This bill would simply clarify persons who own single family residences and
duplexes may place in their lease an obligation to have a tenant obtain trash service and
thereby relieve their personal obligation to have trash service.
Background Information: City staff and elected officials have received a number of
questions regarding who may place in a lease their obligation have mandatary trash
service and therefore be relieved of their personal obligation to have trash service. Staff
agreed that clarifying the language would assist the public in reading the ordinance.

Fiscal Information: None

Origin of Request: Mayor Landwehr

Department Responsible: Community Development

Person Responsible: Nathan Nickolaus

Staff Recommendation: Approve

City Council Meeting Monday the 15th

Unfortunately even though issues on the Allied Waste/Jefferson City garbage issue was discussed last evening, there is no mention of it in the News Tribune online edition.

Why didn't the News Tribune cover these issues, the same issues they wrote about on Sunday, in their online newspaper?

Click Click here to read Sunday's article.

Alderwoman Carroll

A letter written by Arthur Brown of the Committee to Change the Mandatory Garbage Pick-up, was printed in the Sunday News Tribune on Alderwoman Carroll.

His main point is how she is still enthusiastic about the entire Allied Waste/Jefferson City garbage issue.

Can she not compromise? Does she not hear the clamor against it?

Kinks in the Allied Waste Project

City Hall will meet tonight to iron out kinks in the mandatory garbage proposal. Click here to read the online article.

What you wil not read in the online article is the part where the city council will allow landlords to place in their leases that the tenants are responsible for garbage pick-up. This will remove the legal obligation from the ;landlord and place it on the tenant.

Furthermore the council will clarify the language for individuals who live in triplexes.

Do you see an additional property tax in the near horizon--like maybe $120 per unit for all property owners? The city is responsible for making sure Allied Waste gets paid--and I can see them discussing additional taxes to get rid of the fee for all tenants and placing the total burden on property owners. I mean the city doesn't seem to understand the First Amendment, may be violating the fifth--so why can't they...will you get the idea.

Taxation without true representation.

Petition

Click here to read the News Tribune Online article about the petition drive to change the contract between Jefferson City and Allied Waste.

And click here to read what the First Amendment in the Bill of Rights states about the right to petition.

It seems to me somebody--a lawyer perhaps--skipped some of his classes on the Constitution.

What's not stated in the online article is the part about Arthur Brown who refuses to pay for the mandatory garbage pick-up and states the issue is a violation of Amendment 5 which you can read by clicking here.

Obviously due process never occurred to our city council members, but what's there excuse about the petition issue?

The Bill of Rights and How Jefferson City is Violating them

The below quote from Ray Walker is from an earlier blog:

"An attempt to stymie our efforts to circulate a petition was placed before our committee by the city counselor. He suggested that for him to approve our notification to circulate a petition, he would require that we accompany the notice of intent to circulate a petition with a fiscal note..."

A fiscal note to circulate a petition?

This is what the US Constitution states on the matter of petitions:

"Freedom of Speech, Press, Religion and Petition

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Notice the wording: No law abridging the freedom to petition the Government for a redress of grievances.

I guess Allied Waste and the City of Jefferson are above the law.

Summons and the Garbage Issue

Click here to read what the News Tribune wrote about the garbage issue.

I was told by reliable sources 1400 people did not pay. 588 individuals received a summons for nonpayment of garbage services from the city.

I'll follow them as they go through the system.

Legal Assistance if You Received Notification of Violation of City Code 30-2(E).

Ray Walker:

"Anyone who has received notification from the Municipal Prosecuting Attorney Daniel R. Green that you are in violation of Jefferson City Code 30-2(E) should be aware that we have an attorney at law who has agreed to represent any citizen who is given a citation for the alleged violation of this city code.

"Please contact the committee at (573) 635-7207 for further details."

I myself have the understanding that one individual with the attorney's assistance had his case dismissed, but two other individuals had to pay a fine. They did not have an attorney present.

Please take advantage of this offer.

In this issue, an attorney can make a difference.

Update on Mandatory Garbage Pick-Up from Ray Walker

Ray Walker: Mar 11

"What's been the hold up in our proceedings?

"An attempt to stymie our efforts to circulate a petition was placed before our committee by the city counselor. He suggested that for him to approve our notification to circulate a petition, he would require that we accompany the notice of intent to circulate a petition with a fiscal note explaining how voting "Yes" on the ballot question would affect finances of the individual citizen and those of the city. We submitted that question to the attorney representing us and she sought an answer from the city counselor. That was nearly a month ago and he has yet to supply the statutory requirements for such action. We must move ahead, like now or never, and accordingly, we have received a "go ahead" from Georgia Mathers to file our notice of intention to circulate a petition without a fiscal note.

"And then we shall see what happens.

"The procedure now continues with Section 9.3. Filling and Approval of Petitions of the City Charter which states:

"'Prior to circulation, petitions must be submitted for approval as to form by both the clerk and city counselor. They shall approve or disapprove any petition within ten days following its submission. If approved the clerk is responsible for preparing ballot language which must be in question form and approved by the counselor. If disapproved the clerk and counselor shall provide an itemized list of needed corrections at the time of issuance of the disapproval.'"

Garbage Bags Instead of Containers

The following is sent by Ray Walker who is a member of the committee against mandatory garbage removal. He writes that if the citizens of Jefferson City do vote against the mandatory garbage pick-up, then--

"The plastic bags must be the ones issued by the collector, not just any old plastic bag!"

Ray explains how Columbia, MO does it:

"The reason Columbia uses plastic bags is they train their collectors on how to properly handle them and, then, each morning before collecting the bags, there are specific exercises that are mandated. Exercises and training that prevent a lot of these workman comp issues that Allied is afraid of because they are TOO cheap to provide the exercises."

Thought you might be interested.

Rough Draft of Proposed Ballot Referendum on the Garbage Issue

This is the rough draft of the wording that will be on the April ballot if all goes OK:

"Shall Chapter 30 of the Code of the City of Jefferson be amended to:

"1. Eliminate the requirement for use of a sole authorized collector contracted by but not franchised with the city for the collection, removal and disposal of garbage and rubbish; and

"2. allow disposable solid waste containers for any trash collected by a company having a franchise with the city if issued by the franchise holder

"as provided in Ordinance No. 14487 passed and approved by the City Council on March 2, 2009."

The sample ballot for April, 2010, can be found by clicking here,

A Little Maybe History

According to high sources who wish to remain anonymous, the Allied Waste mandatory garbage pick up issue came to be because so many people were using the business dumpsters without permission. Also people would throw their trash in containers at construction sites. Amazingly, even though a number of these individuals were identified, no action was ever taken against them--even though it is against city ordinance to throw your garbage in a dumpster that does not belong to you.

Unfortunately, this is why Allied Waste pushed the proposal forward--to stop this illegal activity. Businesses and contractors complained--and they had a right to complain.

So the city did not--or could not--enforce one law, so another took its place. Now it has to enforce payment from those who refuse to pay. Can the city enforce this?

Summons to Court

I understand a few individuals have received summons to appear in court over the garbage can issue.

I'm checking out details as I write.

If you received one of these summons, please let me know--I want to be in the courtroom with you.

More details on the summons as they become available.