Jailbreaking the Fin de Siècle

After “plowing” (twice)

Here is a jailbreak for living in Saint Paul. If you have to do minor car maintenance, like change a headlight or check your oil, and don't have access to a garage or car port, find a store parking lot to do the work. 

Why you ask? Because it's a lot easier than doing it on the ice rinks which pass for the streets of the Capital City (see photo above). These days one has to learn tricks and tips to survive the post-apocalyptic anarchy that is the bureaucrat-autocracy of our fair City.

Plowing. Why oh why can't the City of Saint Paul plow? We have become the butt of a joke by residents of the soulless suburbs and, gasp, that city to the east, Minneapolis. They are all laughing at us. After all, we are all Minnesotans. When it snows 6", 12" or even 18" our response is "we got this."

Well, we used to have it. I know there are problems with clearing snow in a city that suburbs don't have; cars parked on the streets, narrower streets, more traffic. But this isn't about comparing ourselves to the suburbs, but to who we used to be. 

Forty years ago, it took three days to clear the streets. Day one was emergency snow routes, day two North-South streets and day three East-West streets. Then some cleaver person figured out how to do it in less than two days; night routes and day routes. 

Genius. 

I don't think people appreciate how this new system was a model of snow removal other snow-bound cities envied and copied. Of course Minneapolis wouldn't deign itself to do what its bratty little neighbor was doing. But from out East, in the Midwest, in Canada and the foreign shores of Scandinavia and Korea, cities paid homage, visited and lined up to figure out the miracle of Saint Paul's 48 hour plowing. 

What happened? How did we get from there to the current disaster of fewer emergencies called, fewer and older plow trucks, blades not being dropped to the pavement and streets that resemble a Humvee obstacle course or the Antique Autos track at Valleyfair. The answer is obvious. The larger the City government grows, the less it does for the common citizen. At no time in its history have more people worked for the City, and yet for the first time in its history, it is unable to take care of its largest asset, its streets, by either paving them or plowing them. Heck, the City can't even remove snow and ice from the public sidewalks in front of its own property (I am looking at you, Highland Library).

The City has engaged in a number of ancillary activities which have diminished its capabilities to clear the streets. Some because the money spent on them could have been used for a newer truck, a newer plow or the ability to call more snow emergencies. Some because they are physical hindrances to good plowing. This list is long: bike lanes, roundabouts, curb bump-outs, narrowing of streets, the current mania for high density.  

Perhaps the biggest factor, though, is that the city went from a government run by elected representatives to one run by bureaucrats. City counselmembers themselves used to be the department heads. This included Public Works. If a particular city counselmember failed to do their job as head of a department, the electorate could remove them from office. 

Now we just hire ex-city counselmembers as bureaucrat department heads and no one holds them accountable. And instead of the core city departments of Public Works, Public Safety and Parks, we now have sixteen departments and nothing gets done. Why should it? Which public official is going to get removed from office? No one when the city attorney's office in the last few years negotiated contracts bordering on malpractice. No one when Safety and Inspection is so corrupt the State had to take over its functions. No one when as the police idly sit by as the murder rate rises and people are defecating in the Target parking lot. No one from public works as the streets go to ruin, potholes are not filled and snow and ice are not removed from the streets.

No one.

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Saint Paul's City code says, "The owner or occupant of any building or lot abutting a public sidewalk is responsible for and shall remove any accumulation of snow and/or ice from said public sidewalk within twenty-four (24) hours after the snow and/or ice has ceased to fall, gather or accumulate." St.Paul City Code, §113.02. Violators of this ordinance are subject to being deemed a nuisance, having it removed by the City and charged, an abatement, a tax lien and a petty misdemeanor. St.Paul City Code, §§113.03, 113.07 - 113.08. 

The City can hold us responsible for snow removal on our private property. But no one can apparently hold the City responsible when it fails to remove any accumulation of snow and/or ice from its streets within twenty-four (24) hours after the snow and/or ice has ceased to fall, gather or accumulate. No one is subject to being deemed a nuisance, being charged, subject to a petty misdemeanor or removed from office. 

No one.

Why Vote "No"

Why Vote "No"

Trash, trash, trash. Unlike Oscar, I do not love it. Some of us, however, have been fighting the good fight for 20 years to stop the City takeover of trash hauling.

It started in the early 2000's, when a group which seemed to be made up of college students, unknown environmental groups, an oversensitive columnist at the Pioneer Press and the Minnesota PCA, proposed to undo 30 years of private hauling; a proposal to fix something that was not broken. Myself, other citizens and mom and pop haulers dutifully went to our District Council hearings on the issue and spoke out. Many other citizens did the same. The proposal for a City run system on trash was defeated.

Those were the days.

Not to be deterred, the current debacle started when the same ragtag, marginal group again proposed a City run system on trash. But this time, they would not make the same mistake of letting the citizens make the decision. They came forward with unscientific push "polls" which amounted to a Twitter survey with slanted biases questions to gently convince you their way was the only way. They then turned these push polls into performance art with "listening" sessions designed to less than gently convince you they were right and you better shut-up.

Sure, we spoke out with many others. Again saying that the City takeover of garbage would cost us more, cost the City more, give us worse service, harm recycling efforts and put mom and pop haulers out of business.

Then the City Council decided; they would take over garbage.

And at that point, I thought, well I guess that’s that. Nothing is going to happen in this one-party town to upset the inevitable march toward the "progress" of government collectivism and the aggrandizement of political machinery.

But then something happened I did not expect.

Led by citizens, small landlords and mom and pop haulers, someone fought back. Little card tables appeared on corners with a petition to put the matter up to a vote. Groups were formed. People were talking about it. People of varied political backgrounds agreed the City must be stopped. As the system was implemented and it cost us more, cost the City more, gave us worse service and put mom and pop haulers out of business, more signatures were collected. Enough to put it on the ballot and allow the citizens to vote.

Alas, upon some very bad legal advice, and in contradiction of very clear language of the City Charter, the new Mayor and City Council said no, you, you citizen, cannot vote on this. Of course, this should be no surprise. The same folks who think you lack the capability to negotiate your own garbage hauler certainly wouldn’t give you a choice to vote on it.

Then the group of citizens and small landlords sued on behalf of all of us. I say "all of us" because even if you are for the new system, wouldn’t it mean more if it were put into place by a vote of the people? Then there would be no doubt. In addition, I say "for us" because the real purpose of the suit was to force the City Council to comply with its own City Charter and ensure the rights of its citizen to a voice in their government and a right to petition on issues. Those rights are everyone's rights.

The District Court then ruled in favor of the citizens and against the City Council. Then the Minnesota Court of Appeals and Minnesota Supreme Court did the same. Citizens who validly petition to put an issue on the ballot per the City's own Charter, can.

So here we are. A vote a few weeks away. "Yes" signs and "No" signs popping up on corner lots throughout the City. And, as a result of the City Councils' rank disregard of the citizen, signs of legitimate challengers to the City Councilmember's seats. Seats they thought were guaranteed, by right, as a member of the City's ruling class.

Well, we'll see about that.

After a conversation I had the other night with an intelligent fellow, I am still surprised folks are unfamiliar with the issues. So, as a public service, here are 10 points for voting "No."

1. If it's not broke, don't fix it.

Almost 50 years ago, the system was broke. Mayor George Latimer took office with a budget deficit in the early 1970's that he actually thought should be fixed. Looking through all the City spending his gaze alit upon trash collections. Even though he had had broad support from the Teamsters Union who represented the garbage haulers, he made the decision; citizens and private haulers could handle trash hauling and the City would get out of the business of trash hauling. Mayor Latimer showed a special kind of courage. Courage to go against his own political supporters. Courage to upset the then current system. Ultimately, the special kind of courage any politician has to say, "no, the government cannot, and should not, do things which you can do for yourselves."

Many things have changed in the intervening 50 years but the City's inability to afford, even regulated garbage, has only increased. Back in the 1970's, the City had a tax base of auto manufacturing, legal publishing, insurance giants and factories that made things. Now we have artisan coffee shops and City paid for soccer stadiums (sorry fútbol pitches). Back then, we had City council members as the head of departments. Now, the Mayor has 17 members alone in his "cabinet" with such titles as Program Manager, Senior Aide, Policy Associate, Senior Policy Advisor and Chief Resilience Officer. That’s in the Mayor's office alone. In a City of 306,621 souls. Henderson, Nevada has more people. Yes, I never heard of it either. Seventeen Senior Program Policy Associate of Resilience (and resilient they are) who get paid lots of money out of the pockets of the most taxed people in the State of Minnesota, the twelfth highest taxed citizenry in the U.S. We could not afford City trash in 1970 and we can't even afford, apparently, to fill a pothole or hire police officers in 2019.

2. The new system costs more.

As a seventh grader I was handed the economics textbook, "Life on Paradise Island; Economic life on an imaginary Island," by William Harmon Wilson. In it, there was a rice manufacturer called, "Midas, who was very good at accumulating money," who:

started thinking about how he could take advantage of the situation. Less rice was being raised . . . but Midas started buying all he could get, even at high prices. Soon he had most of the rice on the island in his cave. Because he controlled the supply of one product, he had a monopoly. People had to come to him for rice, and he charged them very high prices—much more than he had paid for it.

And yet . . .. When I explain to folks that when you limit the number of trash haulers from as many who want to be in the business (which worked out to 4-5) down to one, they don’t understand the lesson taught in 7th Grade economics. Of course, the price is going to be higher. Why not? What are you the consumer going to do about it? What can you do about it? Absolutely nothing. Theoretically, they could charge you whatever they want because there is no market for their services, just a state controlled monopoly. In addition to the price gauge the single city chosen hauler can impose, the City's system requires the City to hire and unknown number of employees to put up the website, place tax liens on property owners who don’t pay, and answer phone calls to tell you to call the city chosen hauler (who, when you call them, will tell you to call the City). Who pays for all these new City employees, you of course.

We learned how monopolies worked in 7th Grade economics, don’t forget the lesson.

3. The new system takes away the incentive for service.

In a story I have told many times, back in the Wild West days of private garbage haulers (the day before yesterday), we choose Pete's Rubbish as our hauler. One day I received a call from Mrs. Pete who informed me we had overpaid our bill by 34¢. She wanted to know if we wanted a check of 34¢ sent out or if we wanted the 34¢ added to our next bill. Thirty-four cents. Every bit of that story is charming and the epitome of what a mom and pop hauler was. Pop was picking up the garbage and mom was at the kitchen table reconciling bills. She found a 34¢ error and wanted to know what we, the customer, wanted to do. What was Mr. and Mrs. Pete's motivation for this level of service? Easy. It was the knowledge that if they didn't provide such service, we could get another hauler. Now ask yourself, is there any scenario on any planet where Mega-Corporation "Big Garbage Conglomerate" would call me to know what I wanted to do about a 34¢ overpayment. Nope. There is no kitchen table, no Mrs. Pete, no Mr. Pete and no competitors to take away their business based on poor service.

4. The new system politicizes garbage.

Since when did garbage become about politics? Well since forever in East Coast cities where garbage has been run by, ahem, certain families, and the politicians they carry in in their pockets", like so many nickels and dimes." Even in a town without those families, garbage becomes part of the political system, a place to employ cronies and pay off favors, and it creates a new class of very wealthy corporate donors to influence, cajole and affect the political class sweeping aside the voter and the citizen who becomes the pawn and dependent ATM who pays, pays and pays.

But let us not forget where this is all heading. Like those who passed Obamacare with the real intention of heading toward a single payer plan, there are those advocating for organized collection with the real intention of a complete takeover of garbage by the City. This would be a trip back to 1970 in more ways than one. Because when the City takes over garbage, it won't be just the City, the mega-waste haulers and any unsavory "businessmen" but the Unions will be back. Public employee unions, who can, and will, strike. Just before the Iron Lady arrived to save the United Kingdom, "waste collectors," as they are charmingly called in England, went on strike during what would be called the "Winter of Discontent" (1978–79). The piles of rubbish grew so high in Leicester Square; rats were attracted, like a medieval plague. Lest we forget, New York City sanitation workers went on strike in 1968, 1975 and 1981. During these strikes, garbage on the streets of could accumulated to over 100,000 tons. So City controlled and run garbage is really like a trip back to the 1970's, the dirty, dirty, 1970's. I was there man. You don’t want to go back.

5. The new system is a government intrusion on a private sphere of activity.

That which the government subsidizes increases in cost. For example, see the price of health care, prescriptions drugs, college tuition, corn crops, and automobiles. But it is more than just money. That which the government subsidizes, the government controls. And as it controls that area of life, it pushes out the private control of that life. Time was many things were in the private sphere of life: public transportation, utilities, college tuition, health care, . . . garbage. In fact, the word "public" did not mean it was controlled by the government but open to the public, as in the people. The government had nothing to do with it. In countries as diverse as the U.S.S.R and Great Britain, the government had complete control of the, "commanding heights," such as utilities (coal, gas, nuclear), telephone companies, hospitals, television, newspapers, jobs, housing and yes, garbage. How did that work out? The Soviet Union, a truly evil regime, collapsed, in part, under the weight of its own inability to financially continue. Great Britain survived because Lady Thatcher came and saved the scepter'd isle.

Negotiating and contracting for garbage is a private behavior. Just like hiring a plumber, having your oil changed or shoveling your walk. But there are those who don’t want you or anyone else to have the choice to do that. They want to hire your plumber, your mechanic, your snow shoveler, your garbage collector and replace it with theirs.

6. The old system was uniquely Saint Paul.

Alexis de Tocqueville toured the U.S in the early 1830's. Writing about it he said, “[New England] democracy more perfect than any of which antiquity dared to dream." “[L]ocal independence” was “the mainspring and lifeblood of American freedom.” “The New England towns adopted no representative institutions. As at Athens, matters of common concern were dealt with in the marketplace and in the general assembly of the citizens.”

Saint Paul has a few unique things. We, until recently, negotiated, contracted, and paid for our own garbage hauling. Every fall, neighbors who share an alley, gather together and negotiate, contract, and pay for alley plowing. It's as charming as Norman Rockwell's Town Meeting painting. We don’t need the City to plow the alleys. In fact, the gathering of alley citizens does a better job than the City ever could, in getting the alleys plowed for a reasonable cost. This was true of rubbish hauling before the City inserted itself.

A poster on Facebook decried Saint Paul as a "Cowtown" because we didn't have "big city" trash hauling like other "big cities."

Well.

First, Saint Paul is maybe "Post-It Note Town," 'Insurance-Binder Town" or "Train-Town" but "Cowtown?" Maybe the poster is thinking of South Saint Paul? or the much larger Omaha (pop. 468,262). I have news for the poster, Saint Paul is not a big city and we don't want to be.

7. The new system was foisted upon us without citizen input.

The great Thomas Sowell has said, " The idea that the wise and knowledgeable few need to take control of the less wise and less knowledgeable many has taken milder forms — and repeatedly with bad results, as well."

Every bad idea was one foisted upon an unwilling public. The Hubert Humphry Metrodome comes to mind. There are those who believe that their special intellect give them the right to make decisions for the unwashed masses. Sowell answers that with, "Elites may have more brilliance, but those who make decisions for society as a whole cannot possibly have as much experience as the millions of people whose decisions they pre-empt. The education and intellects of the elites may lead them to have more sweeping presumptions, but that just makes them more dangerous to the freedom, as well as the well-being, of the people as a whole."

That about says it all. The only thing to add is William F. Buckley's, "I would rather be governed by the first 2,000 people in the telephone directory, than by the Harvard University faculty.” I will presume, humbly, to update Buckley to our times, "I would rather be governed by Saint Paul's 164,273 registered voters, than the 7 City Councils members.”

8. The new system put mom and pop haulers out of business.

It amazes me that the same folks who leave snarky comments on neighborhood Facebook pages about the evils of CVS Pharmacy on Grand and Fairview, the same folks who are shocked about a national coffee putting an outlet with a drive thru on a site where a gas station has stood for years thereby endangering our children and putting at risk all the local coffee shops, have no issue with the current City regulated trash system putting 9 haulers out of business through merger with national goliaths like "Big Garbage Conglomerate" or attrition, by small haulers who can't afford the new system. The whole thing, from beginning to end, is one part subplot of the Soprano's and one part Nast cartoon of fat-cat gilded age pre-trust buster monopolizeers with City machine politics of the Tammany/Tweed variety. It's as if the City wrote the business plan for "Big Garbage Conglomerate."We got too many of deese mom and pop operations in Saint Paul, weese gotta put em on ice." said the WM CEO with $10 cigar and mouth and watch fob protruding from his belly. "No problem," said the greased haired City of Saint Paul machine politician with one hand out and one hand in the average citizen's pocket. However I doubt these City council members from the wokesphere were even smart enough to line their pockets as they were emptying ours.

The die, unfortunately, is cast. The City put those mom and pops out of business. But the answer surely isn’t to give "Big Garbage Conglomerate" a monopoly or the City council members a free pass. We should kick the later out of office and make the former compete for our business like everyone else, with good service and competitive prices.

9. The new system emboldens those who want to change Saint Paul without the necessity of
elections or democratic input.

Somebody must pay a political consequence for thwarting the will of the citizen of Saint Paul. Somebody must pay a political consequence for blocking the will of the citizen of Saint Paul to vote. Somebody must pay a political consequence for writing a one-sided contract with a unilateral force majeure clause. Somebody must pay a political consequence. The only way to do that is vote no and vote out the council members responsible.

10. You could be part of the most stunning political upset in Saint Paul history.

A running thing between a friend and me, is that we have given up on Saint Paul politics. "War's over, man. Wormer dropped the big one." Whether it be the Ford Plant, high density, bike lanes, street closures, medians, public paid for stadiums or garbage. The City used to have two parties, pro-business Democrats and anti-business Democrats. With the retirement of Dan Bostrom and the defeat of Pat Harris, the pro-business Democrats are extinct. My friend and I had given up.

But like Bluto saying, "Over? Did you say 'over?'" Saint Paul citizens united to oppose the City controlled garbage hauling. They got signatures, put it on the ballot, sued the City, went to the Supreme Court and fought tooth and nail a Mayor and City who fought the whole way the right of citizens to have a say. Maybe there is hope. Maybe we can change things. Maybe this isn’t a one-party town anymore. Vote on November 5 and you could be part of the most stunning political upset in Saint Paul history.