Legislators Charge County Monopoly Trash District

Legislators who have been critical of St. Louis County’s monopoly trash district plans as violating state law have opened a new attack charging that the plan violates the County Charter as well.

Representative Jim Lembke on behalf of the legislators stated: "When the state Attorney General ruled the monopoly trash district plan of the County violated state law, the Dooley Administration replied that they were not bound by state law because they were a home rule charter county. Now we find that the County has blundered ahead with a monopoly trash district plan in direct violation of the County’s own Charter."

Councilman John Campisi in researching for a bill discovered a provision of the St. Louis County Charter that was ignored. That provision requires an approving vote of the citizens of the proposed district prior to any trash district plan being implemented:

ST.LOUIS COUNTY CHARTER

"Section 2.180. Pursuant to and in conformity with the constitution of Missouri and without limiting the generality of the powers vested in the council by this charter, the council shall have, by ordinance, the power to:

(24) Provide for the creation of districts in the unincorporated areas of the county within which may be provided police protection, fire protection, public water supply, streets, sidewalks, street lighting, sewers, sewage disposal facilities, garbage and refuse collection and disposal, and such kindred facilities as the voters therein by a majority of those voting thereon may approve, the same to be paid for from funds raised by special assessment, general taxation or service charge, or any combination thereof within such districts; and, when authorized by law, provide for the consolidation of such functions with those now performed in existing districts."

St. Louis County Charter, Article II, Section (24)

The legislators –State Senator Mike Gibbons, Rep. Walt Bivins, and Rep. Jim Lembke- observed that it seems that the Dooley Administration is operating illegally in direction violation of both state law and the County Charter. The legislators called for an outright halt and reversal of prior actions regarding the monopoly district program – the monopoly districts and contracts for monopoly service are void.

Councilman John Campisi (6th District covering south county where most of the monopoly districts would be located) stated: "I have previously presented legislation to require a vote of the people on this program. The Administration blocked it as unnecessary. Their position is that the program was on valid legal footing. Now it turns out this dumb, costly monopoly program was unlawful as launched from day one."

Councilman Campisi further stated: "I would like to see County Executive Dooley and Gary Earls, his enforcer, come to South County to try to win voter approval." The legislators observed that their public hearing had revealed strong, massive public opposition to the Dooley monopoly trash districts. The legislators pointed out that despite restrictive guidelines over a short period, about 28,000 households had opted out of the program.

Rep. Bivins said: "A monopoly program like this is not wanted or needed by the people. It would squeeze out competition and stifle better prices and service. The program serves insider politicians, not the people. The monopolists might even give lower prices for a time until the competition was wiped. We see the effect of monopoly on oil prices and cable TV – we don’t need it in trash service."

Sen. Gibbons stated: "All we ask is for St. Louis County to follow the law and respect the concerns of the people."

The legislators state that the Monopoly program is rejected by the people and invalid under County and state law. It’s time to end this trainwreck of a program.

FOR FURTHER INFORMATION, CONTACT REPRESENTATIVE JIM LEMBKE cell (314) 814-3151

State Lawmakers In Head-On Collision Course With County Trash Program

State lawmakers say St. Louis County is on a collision course over whether the county will delay its trash collection plan in unincorporated areas for two years. The lawmakers have called a public meeting at 7 p.m. Thursday at the Weber Road branch of the St. Louis County Library, 4444 Weber Road, in Affton.

Officials extended an invitation to County Executive Charlie Dooley. He said someone from his office would attend.

State Rep. Jim Lembke, R-south St. Louis County, who helped organize the session, said it will give the public a say and will provide more information for lawmakers not actively involved in the issue. Almost all legislators who represent the unincorporated area of south and southwest St. Louis County last week sent a letter to Dooley declaring the county is on "a collision course with state government" if it does not wait two years to enact its plan.

Dooley said that unless the lawmakers can provide low-priced service, "I respectfully suggest you stick to statewide issues and allow St. Louis County to address St. Louis County issues."

They said a recent opinion from the attorney's general's office backs the two-year delay. Dooley says the law does not apply to the county because it has a home-rule charter.

Adding fuel to the controversy is a new county requirement that trash haulers provide once-a-week recyclable pickups. Haulers recently started charging at least $6 a month for the service. The added cost has angered residents who say they didn't want it. The lawmakers' letter declares the county imposed "a de facto county trash tax without the vote of the people."

Public Hearing Set for May 1 On County Waste Ordinance

A public hearing is scheduled for 7 p.m. May 1 at the St. Louis County Library's Weber Road branch, 4444 Weber Road, in Affton. The hearing, sponsored by state Rep. Jim Lembke, R-85th, will include St. Louis County Councilman John Campisi, R-6th Dist., and South County state legislators Pat Yaeger, D-96th, Walt Bivins, R-97th, Sue Schoemehl, D-100th, and state Senate President Pro Tem Michael Gibbons, R-15th.

State reps Jim Lembke, R-85th, Walt Bivins, R-97th, and Jim Avery, R-95th, along with Missouri State Senate President Pro-Tem Michael Gibbons, R-15th, asked Missouri Attorney General Jay Nixon's office in February to decide whether St. Louis County's plan to establish eight trash districts and contract with waste haulers to service them violates a state statute prohibiting the county from entering into solid waste collection services.

They say the statute requires giving two-year notice to trash haulers before engaging in the districting plan and the county hasn't done that. The legislators' request also maintains the county's solid waste code appears to establish monopoly franchises for trash haulers in each of the eight trash districts within the county.

Paul C. Wilson, Nixon's deputy chief of staff for litigation, states that based upon the facts submitted and gathered by the office, "it appears that the General Assembly's 2007 amendment to the two-year notice provision which extended that requirement to all political subdivisions does apply to St. Louis County."

Wilson's opinion also stated that the ordinance approved by the St. Louis County Council to establish trash districts indeed shows the county decided to enter into solid waste collection services and the two-year notice requirement applies. Lembke said Wilson's response means "the statute does apply to St. Louis County and all political subdivisions, and does not say all political subdivisions with the exception of home rule charter counties.

The public hearings will include all of the county's areas covered by the trash district plan in north, south and west St. Louis County. Lembke described the hearings as a way for residents to ask county lawmakers to explain why they're moving forward with the district plan despite its apparent disagreement with state statutes.

"If it’s the county's intention to be headstrong and move forward and take on a state statute that clearly applies to them," Lembke said, "They're heading for a train wreck between the county government and the state government."

In the meantime, a pilot trash district is scheduled to begin in July in the third trash district, which lies within the Second St. Louis County Council district of council chairman Kathleen Burkett. While the term “pilot” has been widely used, Burkett says there is no “pilot” but that the contract has been signed and it’s final – regardless of the performance levels.

Veolia Environmental Services won the bid to service the pilot area at a bid of $11.60 per household per month for a once-per-week trash hauling and a once-per week recycling pick-up.

Comments Worth Repeating

The following comments are included in "Comments Worth Repeating" published in the right hand column.


"This clumsy, monopoly trash-district plan is not the will of the people. It hasn't arose from the people saying 'This is what we want.' It is a political power play to create monopoly franchises for favorite insiders."
. . . Rep. Jim Lembke (R) Lemay

~~~~~

"Here's the part that really stinks. The county attorney, after the judge issued her decision, signed a secret agreement not to appeal the court's decision in exchange for Fred Weber to dismiss their counterclaims. This agreement was signed without any notice to the County Council - her own clients - and without any notice to the people."
. . . Lester Stuckmeyer, Attorney

~~~~~

The 2009 budget "will be very difficult to produce. We do not forecast a substantial increase in revenue. We will very carefully execute next year's budget."
. . . Garry Earls, the county's chief operating officer