UA Solid Waste Initiative  
Vote "YES" on 52! 

Week 21 (Aug 25-29)

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WEEK 21 - DAY 5 


August 29, 2008

"The City of Upper Arlington has filed a protest against the [Solid Waste] initiative with the Franklin County Board of Elections"

Click here to read for yourself.
It's also on the City's website,
www.uaoh.net.

Mike's response is below.

What happens next?

Here's Ohio Revised Code Section 3519.16, "Protests against board finding."  As we interpret this section:

1. The filing had to be done by 4 PM of the 64th day before the election, which is this coming Monday.  But that's Labor Day, so it had to be Friday.  The City just made it.

2. The board of elections now establishes the sufficiency/insufficiency of the signatures and and their verification in an action before the Franklin County Court of Common Pleas.  They have three days to do this (business days or calendar days?  Not sure.). 

3. The Court of Common Pleas judge then hears the case, and certifies his/her decision to the Board.

4. Fifty days before the election (September 15, if I'm counting back correctly), the Secretary of State notifies the Committee (i.e. Mike Schadek) regarding how many more signatures are needed, and the Committee has 10 days to secure them.

What are the grounds?  

Stipulations are contained in Section 3501.39.  We haven't seen the filing, so we don't know the specific cited basis for the protest.  We'll know on Tuesday when we get a copy.

We've said it all along ... it's not about trash and not about privatization, it's about the right to vote. 

The people have the power to propose laws by initiative, as outlined in Article II of the Ohio Constitution, codified in ORC 3519.01. Once again, our city government is attempting to erode our rights.  When will it stop?

Here is the response ...

FOR IMMEDIATE RELEASE

Upper Arlington seeks to stop residents from vote on trash issue

In a serious breach of trust and disregard for the constitutional rights of voters, Upper Arlington City officials and members of City Council filed a legal protest in an effort to stop residents from voting on an initiative issue, which has already been approved by the Franklin County Board of Elections.

This initiative is in response to the city’s outsourcing of the trash collection system, which was passed against the recommendations of a city-appointed task force and over the objections of hundreds of residents. It seeks to restore the system that served the community successfully for many years.

Just before close of business on Friday and without notice to the initiative’s legal counsel, Upper Arlington city officials filed the protest asking the Board of Elections to declare petition signatures invalid and remove it from the November ballot … a move which has never happened before in Franklin County.

“We appreciate the work the Board of Elections has already done on this issue,” said organizer Michael Schadek.  “After a thorough review, they certified the petitions under Ohio law and assigned the matter ballot issue number 52 for the November 4th election.  In certifying the petitions, the board praised organizers stating that the petitions ‘were among the best’ they had ever processed.”

Schadek went on to say that the protest is a direct effort to prevent UA voters from voting on the delivery of an essential service.  Moreover, the use of tax dollars to attempt to block a constitutionally protected right to vote, with no legal basis whatsoever, is wrong.

“It’s a sad day for Upper Arlington residents, and residents in any community, when elected officials seek to stop a vote of the people,” said Schadek.  Upper Arlington residents are capable of deciding for themselves which trash system they prefer and they don’t want city officials blocking their right to vote.”

Upper Arlington residents are urged to contact the City Manager’s Office at (614) 583-5040 and tell city officials to drop its protest before the Board of Elections.  We also advise all interested parties to visit www.uatrash.org for a complete accounting of the solid waste initiative.

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For a printable copy, click here.

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Thank you to all who came to the Kickoff Meeting last night!
 Your input was very valuable ...

Bumper stickers are currently available ... email us at uapetition@aol.com  or go to the "Donate" page so we can send you some.  They are FREE.

Yard Signs will be available 5 days after we find out the results of the "protest hearing."  Again, go to the "Donate" page to preorder yours.  They are FREE.

WEEK 21 - DAY 4

  
Article in ThisWeek on the two issues on the ballot in November, "Nov. 4 ballot to include trash initiative, rezoning issue."  The City says that a majority vote won't refund the $30 fee.  At a minimum, it WILL abolish it unless and until Council votes it back in.

Kickoff tonight, 7 PM, Thompson Park North shelter house.
Rain or Shine!
  We'll have two "Emergency?? My Trash!" T-shirts as door prizes, and soda/water for all.  It can't get much better than that!  Don't forget to bring your own folding chair. 

Week 21 - Day 3 

A new website!  www.noto52.org ... providing all of the reasons why someone should vote "NO" on Issue 52 (the "Solid Waste Initiative"). Worth checking out.

Also, great letter in today's UA News ... "Council members  should resign if referendums pass."

Week 21 - Day 2

We hate to keep harping on the same themes over and over again, but when questions don't get answered and actions aren't taken, problems don't go away.

On June 18 (Week 11), the Dispatch reported that nearly half of the contractor's workers came from temp agencies and couldn't be background checked.  This, despite the fact that we were assured by the City Council President on February 25 that the contractor "[was] required to perform thorough background checks on all employees" and  that the city "[would be] monitoring their peformance to make sure this happen[ed]."

In the 10 weeks since that discovery, there has been no indication from the city that they are making good on that promise.

Also reported in the article wasthe fact that one of the contractor's workers was a convicted theft felon.

After this story appeared, the contractor sent the City Manager an email, offering to release that person from its workforce.  A Public Records Request uncovered no written communication back from the city.

Under the old system, such a person never would have been hired in the first place, and if it had been uncovered after employment, he/she would have been terminated.

Well ... last week, there was a traffic accident involving one of the contractor's trucks and a resident's car.  The police report shows this worker to have been on the truck.  We must gather, then, that the City approved his continued employment by the contractor. 

Given this, we seriously question both the City Manager when she states that "Council has the residents in mind" when decisions are made, and the City Council President when he states that "service and safety are of the highest priority."

The fact that background checks are not being done is inexcusable.  The fact that this was promised to us by our own city government, and that nothing has been done to correct this deficiency in the 10 weeks since it's been uncovered is a breach not only of trust but of duty on our city government's part.

Five more years of this?
I don't think so.

Week 21 - Day 1   
 
A reader (thank you!) brought to my attention an article in the Dispatch last week that I missed ... Garbage trucks' fuel use leads to savings push.

Apparently Delaware's garbage trucks are using up a lot of gas stopping at every house, and they're trying to figure out a way have the trucks make fewer stops.

Something they DON'T talk about in the article is the increased road damage that is caused by the starting/stopping, which requires increased traction between the tires and the road.  Over time, the asphalt surface develops hills and valleys, water collects in the valleys, freezes in the winter, causing the road to crack.  While the damage does not show up immediately, the cost to repair the roads over the long haul is substantial.

Why is this important?  Because under the old system, the buggies did the scurrying and the big packers stopped every 4-10 houses.  With the new system, these packers do indeed stop at every house.  The wear-and-tear on the roads under the new system is much higher than it was before.

Yet another reason to return to our old service.
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THIS THURSDAY!

Come to the Solid Waste Initiative Kickoff Meeting!
Thursday, August 28 at 7 PM, Thompson Park North Shelter House.

We'll outline next steps, tell you how you can get bumper stickers and yards signs, and talk about other ways you can be a vital part of this effort.

Bring your family/friends, and lawnchairs for yourselves.

Any questions, contact Mike Schadek.
Phone: 554-5607 or email: uatrash@aol.com.

See you then!
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We're leaving this up because it clearly compares the two services.


 
After studying it,
YOU decide which one you want for the next 5 years.




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