20080217

Sparta garbage petition filled fast

December 16, 2007

By STEPHEN J. NOVAK

SPARTA — a petition seeking to overturn Sparta's universal garbage collection ordinance was filed Friday at the township municipal clerk's office — with almost 21/2 times the necessary number of signatures.

In total, 1,406 names — all of which were collected in about three days — were turned in to the clerk's office, said Jesse Wolosky, a Sparta resident, professional tax lien holder and the petition's organizer.

"My target from the beginning was to do it in a weekend and get 1,200 signatures," Wolosky said.

Wolosky said he had 52 people — whom he calls his "troopers" — seeking signatures outside of local businesses from Dec. 7 to 9. On the first day, he said, 243 signatures were collected.

Petitioners needed the signatures of 578 registered voters by Dec. 26: 20 days after the ordinance was published, with an extra day for the Christmas holiday.

The petition now must be reviewed by the clerk's office and presented to the Township Council. The ordinance could go to a public referendum as soon as March if the council decides to pursue that course of action, said Assistant Municipal Clerk Mary Coe.

Mayor Michael Spekhardt said Friday that the council has discussed the possibilities and seems agreeable to a referendum, but a final decision will wait until the petition is validated, which could take up to 20 days.

"We're taking it one step at a time," Spekhardt said. "We passed the ordinance. If the ordinance is successfully challenged, we'll address that. If it goes to referendum, the folks of Sparta will get to decide if this is what they want."

In the meantime, Sparta residents should not cancel their current garbage service. Township officials say that no contract has yet been signed with Blue Diamond Disposal, the company that won an October bid solicitation. Service was anticipated to begin in January, but Spekhardt said the starting date will be held off until after the petition situation is resolved.

A letter from the township explaining the entire process — from the drafting of the ordinance to the results of the petition — will be sent to all residents this week.

The petition to knock down the council's split decision began Dec. 1, the day the ordinance was approved. About 100 people attended a special council meeting on the garbage issue in the Sparta High School auditorium. Most of the residents attending that meeting, as well as a similar public comment session the night before, expressed their opposition to the mandatory garbage service, and Wolosky gathered his initial support there.

In a 3-2 vote, the council approved the establishment of a garbage service utility based on the offer provided by Succasunna-based Blue Diamond Disposal. Blue Diamond's offer of a $4.5 million cost over the next three years translates to a $230 flat rate utility for residents as it was adopted by the council.

Because the service is mandatory for 6,500 households, many argued that it took away their ability to choose service providers. For those who do not use a garbage service, the mandatory service will create an increase in costs.

The approving councilmen, — Spekhardt, Brian Brady and Manny Goldberg — said, however, that because most households in the township use private hauling services at more expensive rates, the move was "in the interest of the entire town."

Silent majority?

Though opposition was loud at the meetings, the council said those who stand to benefit from the municipal service are part of a "silent majority." A poll conducted on the township Web site, widely criticized by those opposed to the ordinance, showed that about three-quarters of its almost 900 respondents were in favor of the service. The number of residents who approved in the poll was close to the number who said they use a garbage service.

"What the poll told us," Spekhardt said, "was that if you pay for garbage service, you probably support the plan."

But based on the results of the petition, Wolosky said, he doubts the existence of a large number of supporters. "This 'silent majority' that are supposedly around... where are they?" he asked.

Sparta has a population of about 19,000, but Wolosky said "the real voice of Sparta" is the approximately 12,000 registered voters: they were the only residents who legally could sign the petition and who may vote in a referendum.

If the petition is successful in knocking down the garbage ordinance, the service no longer will be billed as a flat-rate utility. But Wolosky's ultimate goal is to defeat any thought of the service completely.

If the council tries to find another way to pay for the service, such as through taxes, Wolosky said, "I could just do another petition."

Spekhardt said the ability for residents to sign a petition against a council decision is the right of residents. "The system is there ... so that people can do that," he said. "There's not a problem with people exercising their rights here. It's a good thing."