20080520

The Garbage Story!

Our numbers have grown since November 27, 2007 when we packed the municipal building with 300 residents who were against the solid waste utility. We attended both high school meetings on November 30 and December 1 and eighty (80) of us spoke out against the solid waste utility during the two days to deaf ears. By the time the petition to repeal the ordinance was delivered to the Township clerk on December 14, there were over 1,400 people against the ordinance and who showed their support by signing the petition. On March 11, 2008 when the vote went to referendum, the No Vote grew to 2,467 against the mandatory utility. As time is passing we are gaining momentum and our numbers are increasing.

For all of you who can't understand why we are so dedicated in our cause and you really would like to understand us, you need to experience what we experienced during the seven (7) hours at the high school. You can do this by buying "a CD copy of the FTR Gold System, Windows WAV Format for Nov. 30 and Dec.1 High School meetings" from the Township clerk for only $1. Please take the time and listen to the arrogance of our Township leaders and the pleas and reasons of the people there, asking, no begging, the council to reconsider their position and take more time to get a better deal which included an opt out provision. That would have satisfied everyone. Those of us that were there and united to fight this cause were always looking for the best deal for all Sparta residents. We don’t mind if those of you who want it, can save money or get better garbage service. We just did not want it for ourselves.

In our campaign to get the "No" vote out to the residents of Sparta we spent less then $200 towards our advertising campaign and lost the "No" vote by 414 people. On the other hand the Township along with Blue Diamond spent over $14,000 some of which was taxpayer money to promote the yes vote. The Township sent a biased newsletter on March 6th to every resident, promoting the yes vote and also placed a flyer around Town. They promoted the yes vote on the Township web page and promoted the yes vote in local newspaper articles. By doing this, they may have violated Election Laws.

Furthermore, Blue Diamond put a full page ad in the NJ Herald on March 10th and 11th saying "VOTE YES." They also advertised on radio stations 102.3 and 103.7 on March 10th and 11th, promoting that Sparta residents would be only paying $240 for three years for garbage service. This $240 amount is between the Township and its residents and is not for Blue Diamond to promote. By doing this they also may have violated Election Laws.

As some of you have read, we filed notices of intention for recall on all three councilmen with the Township clerk several times starting on January 29, 2008 and they all were denied before our last attempt was approved. In all it took eight (8) attempts for the notice of intention on Michael Spekhardt to be approved, seven (7) attempts on Manny Goldberg and six (6) attemps on Brian Brady. The clerk stated that we failed to meet state statutory requirements, but the simple truth is that the Township attorney was doing his job by advising the Township manager along with the Township clerk on the art of stone walling our effort and violated our civil rights in the process, under the First Amendment, to Petition against the government for redress of grievances. Welcome to Sparta.

At the same time we were involved with the garbage issue we started the recall drive. There was no way we could have expressed to the public in 200 words the reasons why we are recalling the three councilmen. As you can see and as you will read further down the page on this website we needed at least 3,000 words to tell Sparta residents the truth about the three councilmen’s actions during the past two years. That's right! Our reasons for recall are not based solely on how they voted for the garbage ordinance. Also looking at other recalls around New Jersey, it is typical that no reasons are given by the committee to recall.

The Law States “at the option of the recall committee, a statement, not in excess of 200 words, of the reasons for the recall shall be given. No statement of reasons or grounds for the holding of a recall election or for the recall at such an election of an elected official shall be required in connection with the preparation or circulation of a recall petition, with the transmittal of any notice required under the provisions of this act.”

To take on such an undertaking of recalling the three councilmen requires passion and dedication. We have both. It is no small task to collect 3,125 signatures in 160 days, for each of the recall petitions but we have many people who are dedicated to this cause and we will collect those signatures and pass that number. We do this because we are so tired of being spoon-fed the garbage the three councilmen are force-feeding us. We had enough of their lies, arrogance, and disrespect. The seven hour charade that they put on for us at the high school meetings put the spotlight on all five councilmen and the Township manager who was applying at the same time for a job in Florida. This made us look into the minutes of the past council meetings where we found case after case of improprieties on three councilmen. Their improprieties started way before we got involved with the garbage issue.

The recall election for all three of the councilmen will be held on the same day/time based on a Tuesday between July 8, 2008 and September 30, 2008. The Committee’s to Recall the three councilmen will decide which Tuesday the election will be held on based on when we submit the recall petition to the Township clerk. The cost to run this recall election will be approximately $17,000 for all three councilmen; this information comes from the board of elections. This cost is miniscule in comparison to the money the council and manager are wasting on a daily basis. To put this in perspective it cost less then 70 cents per resident to have any election in Sparta Township.

Our aim is to recall the three councilmen. We would like to see any other candidates replace them. Once we have new people in the council, our aim is to have Henry Underhill fired from the position of Township manager by the majority vote of the council. The residents of Sparta had enough of him and most of the Township employees can not stand him. Go ahead take some time and go to the municipal building and ask them how they feel about the Township manager. They are afraid to tell you the truth in fear of losing their jobs. If you can find some one brave enough to open up to you, you will learn what a horror it is to work under him.

Currently we are filing several complaints with several governmental agencies in New Jersey about the improprieties of our Township leaders. It took over a year of investigation by the prosecutor of Sussex county to find enough evidence to file charges against the Township manager of Vernon Township, who is currently awaiting trial while sitting in jail for corruption. Who knows where our research/information and complaints will lead.

On March 18, 2008 the Township clerk received 69 separate petition forms with 643 signatures to initiate the following Sparta Township ordinance. The required amount of signatures needed to initiate an ordinance in Sparta is 385 signatures. Once again we handed in more then necessary. The Township clerk has 20 days to certify it to the council at their next council meeting on April 8th. We the 2,467 people who voted "No," will not give up on our efforts to have an Opt Out clause in this so called "mandatory utility." By having an Opt Out clause, it will protect even those of you who voted Yes. When the price increases and the service declines, you too can Opt Out if you choose too.

The ordinance is as follows: “Pursuant to the fact that 46 percent of the voters voted “no” on March 11, 2008 to creating a solid waste utility and setting forth the method of calculation and collection of service fees for same, and pursuant to the fact that a significant percentage of Sparta Township residents provide for their own garbage disposal through more cost effective measures, this petition is to initiate an ordinance to provide an opt-out clause for Sparta Township residents who do not wish to participate in the township-wide solid waste utility.”

On April 4, 2008 the Committee of Petitioners recieved a certified letter from the Township clerk stateing: The language contained in the Petition to Initiate a Sparta Township Ordinance is not the "full text of the proposed Ordinance" as required by N.J.S.A. 40:69A-186, which states "all Initiative Petition papers shall contain the full text of the proposed Ordinance." The clerk writes at best, the language is a request for the adoption of an Ordinance"...to provide an opt-out clause for Sparta Township residents who do not wish to participate in the township-wide solid waste utility." There is no Ordinance language for the Township council to consider and if the request for the Ordinance is rejected by the Township council, there is no Ordinance language to be specifically voted upon by the voters of Sparta Township. Therefore, I am rejecting the Petitioner's Petition because it does not contain the full text of the proposed ordinance.

As you can read above, the Township clerk once again is stone walling our efforts, this time, to initiate the opt-out ordinance with the advise of the Township attorney. The following would be the language to be specifically voted upon by the voters of Sparta Township. So what is she talking about?

Are you in favor of an ordinance to provide an opt-out clause for Sparta Township residents who do not wish to participate in the township-wide solid waste utility.

Are you against an ordinance to provide an opt-out clause for Sparta Township residents who do not wish to participate in the township-wide solid waste utility.

It is not too late for you to join us and help us in cleaning up our town. We can always use more help and would be grateful in receiving your help or your contributions. It’s time for change; it’s time to get ready for the recession and hard times that are coming soon to our country. It’s time to stop the endless spending of our Township leaders. Join us in this cause. We take up this cause not for power, not for money and not for fame. We do it because it is our calling to help our community.

“Our Agenda” is simply to fire the Township manager after we have removed the three councilmen from office due to and let me quote the Mayor here “Gross incompetence, serious ethical misconduct in office and failure to perform official duties by law.” As far as the felony conviction, we leave that up to the prosecutor of Sussex County to find evidence. The feeling of fellow residents uniting in this grassroots movement is so rewarding and fulfilling that everyone should experience it at least once in their life time. Come join your neighbors in this campaign!

Petition Organizer, Jesse Wolosky