Support the Timberjay by making a donation.

Serving Northern St. Louis County, Minnesota

Trash talk boils before new contract is OK’d

Keith Vandervort
Posted 10/16/19

ELY— Council members here approved a trash collection contract on Tuesday, but not without some drama in the council chambers.

Ultimately, the council agreed to authorize the city attorney to …

This item is available in full to subscribers.

Please log in to continue

Log in

Trash talk boils before new contract is OK’d

Posted

ELY— Council members here approved a trash collection contract on Tuesday, but not without some drama in the council chambers.

Ultimately, the council agreed to authorize the city attorney to present a four-year residential, and one-year commercial waste collection contract, as agreed on earlier this month to G-Men Environmental Services for consideration. Upon approval by G-Men, the new contract will take effect on Nov. 1.

Council member Angela Campbell used the issue to fan the flames of her contentious relationship with Mayor Chuck Novak. Quoting city codes, she stated that the mayor’s powers are no greater than any other council member, except as presiding officer at council meetings, “and other minor duties.”

Citing the specific waste collection and disposal ordinance, Campbell stressed that the “city shall provide for collection and disposal of all refuse in a sanitary manner to ensure health, safety and general welfare of its residents.”

She asserted that 50 percent of city residents do not use the licensed waste collection service as authorized by the city, and demanded that those residents, including herself, that do not use G-Men and instead opt to haul their own garbage to the St. Louis County transfer station, be provided pickup service by the city of Ely.

“What is important to know is that our charter is out of date,” Campbell said.

Mayor Chuck Novak took exception to her allegation. “I beg your pardon,” he said.

Campbell pushed on. “Under this ordinance, the city is still required to serve those tax-paying citizens (who decide not to use the licensed service) to take care of their garbage,” she said.

Novak questioned Campbell’s assertion that 50 percent of city residents do not use G-Men.

“I do not have that information from G-Men,” Campbell said “I am stating that to make a point and as an opportunity to express my concerns about this ordinance.”

Novak admitted that the city code may not have been updated when the city changed from alley garbage pickup for all residents by city employees.

Clerk-Treasurer Harold Langowski reminded Campbell and the rest of the council that the city does provide a garbage service. “It is voluntary and not mandatory,” he said. “A mandatory system, I believe, was here at one time, where all residents paid part of their property taxes to include garbage service. We do provide a garbage service in this city. Residents have the option to participate in that service.”

Campbell pushed on. “I believe this code is outdated.”

“I believe it is, too,” Novak said.

“But we still have to go by the code. This is mandatory. This is law,” Campbell responded. “For those people who do not choose G-Men, we still are responsible to pick up their garbage.”

The city attorney was absent from the meeting to offer her legal opinion. Campbell admitted that she did not discuss the matter with the city’s legal counsel.

Novak tried a different approach. “The (city code) interpretation of ‘providing pick up’ does not say that it has to be the Public Works Department or a city employee,” he said. “We provide the opportunity for trash collection. And every resident has that option.”

“That not how I understand it,” Campbell said.

Council member Heidi Omerza, clearly frustrated, asked, “What is your point, Angela?” Before Campbell could answer, Omerza called for the question, or the vote on the motion to accept the G-Men contracts.

Novak interjected as Campbell kept talking. “The question was called and is not debatable,” he said. He cut her off again, citing Robert’s Rules.

Campbell interrupted yet again, and Novak responded by slamming down the gavel with vigor. Clearly agitated, Novak emphasized, “When someone calls the question, all debate ceases. If there is support, we vote, if not we will continue.”

Council member Jerome Debeltz supported Omerza’s motion to call the question. Her motion was defeated. Debate continued.

Council member Paul Kess, looking to diffuse the situation, agreed that Campbell made her point that the city code may have been outdated for a long time. “We can’t fix that tonight. I think our intent is to get a sanitation contract in place by the end of the month, and have the Sanitation Committee look at all these things, including updating the garbage ordinance.”

The motion to approve the four-year residential and one-year commercial garbage pickup contract passed by unanimous vote.

Other business

In other action, the council:

Set a Truth in Taxation public hearing for Tuesday, Nov. 26 at 6 p.m.

Approved a note and mortgage for a residential rehab loan for Kim Eldevik at 6 W Conan St.

Approved the Christmas Parade and Tree Lighting Ceremony on Nov. 30 and approved any in-kind services necessary for the event.

Approved an Understanding of Services agreement with the city’s auditor, Walker, Giroux and Hahne for next year.

Approved a resolution creating a Census 2020 Complete Count Committee.

Ely, garbage