City looks into postal service issue

By Ralph Pokorny

Herald-Tribune

Nevada, Mo. -- Mike Turnbull, who lives on Park Hill Drive, told the Nevada City Council during a Jan. 2 meeting that he was not happy with a recent decision by the Nevada Post Office to change how mail is being delivered to a neighbor across the street.

The residents on this street had been having their mail put in boxes on their house. Now the post office decided to require this one resident, who had recently moved into the neighborhood, to put a rural mailbox up, across the street in Turnbull's front yard.

"The box in my yard is the only rural box on the street," he told the council.

Turnbull told the council that when he talked to the postmaster, he was told that the easement along the street allowed them to have the boxes placed there.

"I would be very upset if I were in your shoes and someone's mailbox was placed in my yard. Did you ask for a copy of the statute?" councilman Russ Kemm, asked.

Turnbull said that when he asked, he was told that there was nothing in writing, but it was common knowledge that anyone can do this in the easement, which city attorney Bill McCaffree verified.

Since the Jan. 2 meeting McCaffree has researched the situation and during a special meeting Wednesday night Harlan Moore, interim city manager, said that McCaffree had provided him with a memorandum as requested by the city council detailing the situation.

According to the memo postmasters are being asked by the USPS to reduce costs whenever possible and that whenever a mode of delivery is established the courts will uphold their decision.

However, Section 631.6 of the current postal operation manual appears to require the consent of a customer before the mode of delivery is changed.

The memo continues, "Further, when a residence is sold, the mode of delivery cannot be arbitrarily changed before the new resident moves in. The existing mode of delivery must be retained."

According to McCaffree's reading of Section 631.7 of the postal operation manual, "In the event an improper mode of delivery is extended by a postal carrier or manager, it appears the current regulation requires that the change be withdrawn if the error is detected and a complaint is lodged within ninety days."

"The appropriate response for any resident of the community who is offended by a change to which he or she did not consent, is to contact the local postmaster, object to the change and request that door delivery be retained," according to McCaffree's memo.

Copies of these regulations are on file with the city clerk.

In other business the council spent more than two hours listening to proposals from Scott Consulting, Larkin Group and Allgeier Martin for design and construction services for the Nevada Wastewater Treatment Plant.

Afterwards, the council voted 3-0 to adopt Resolution No. 1178 authorizing the city to negotiate with Allgeier Martin, Joplin, for design and consultation services for the wastewater treatment plant.

Bill Gillette, Jim Rayburn and Bill Edmonds voted yes. Russ Kemm was excused.