Gilford – Take our money for a Transfer Station THEN make recycling mandatory? Now a vote for Monarchical diktat - Granite Grok

Gilford – Take our money for a Transfer Station THEN make recycling mandatory? Now a vote for Monarchical diktat

Sigh, this feels like its going to be a bit of a slog. While some may be saying “Skip, just do it – find the bags, find the time, wash everything, take more time to sort…just do it.  Stop rocking the boat”. They don’t realize that is isn’t necessarily that I’m against doing all that, it’s the fact that the Selectmen, Gus Benevides and Richard “Rags” Grenier, decided to go all Monarchy and voted for Mandatory Recycling (Chan Eddy, while voting no, said that his objection was over some needed clarification and not that it had to be mandatory.  In fact, Rags stated at the Dec 18th meeting:

To make this thing work, we’ve gotta have mandatory recycling out there at the facility to get as much product as we can to sell.

Here’s the video (starts at 11:57 into the meeting:

Government over People – lots to “like” there. The vote was 2-1 to implement the amended regulations – Rags Grenier and Gus Benevides being in favor of telling Gilford townfolks how they were going to make their houses or garages smell.Now, why am I bringing this up (or continuing it for a few more posts)? The image above should grind everyone that has any thoughts as to “how does Government take away free choice from Free People”? The answer is one slice at a time – and I have enough cuts as it is. I have a voice, and if it is happening here, then it is (or already has) happening in your town as well.

So I added this along with that image in front of the Big Apple store across from the Bank of NH branch on Country Club Drive:

And which NH RSA give the subdivision of the State of NH to command that ALL residents MUST use the recycle center (aka Scott Dunn’s Taj Mahal (with pickle ball courts coming soon)?
Sounds a bit autocratic – did anyone review this sign before putting it up outside the Big Apple store across from the Bank of NH (Gilford #1 branch)?
This, of course, is AFTER my original giving them a “whatfor” about the Recycling Center (originally the Transfer Center – just gotta love how things morph from one thing into another) regs.
MUST?
So I went over to the RSA that they said gave them the Power to do all this.  Mostly, it does (emphasis mine):
SOLID WASTE MANAGEMENT
Section 149-M:17
149-M:17 Town Responsibility and Authority. –
I. Each town shall either provide a facility or assure access to another approved solid waste facility for its residents. A town may choose whether to include any associated costs in its tax base.
II. (a) A town may make bylaws governing its facility and fixing reasonable rates for its use, and governing the separation and collection of refuse within the municipality and the registration of haulers collecting or disposing of refuse within the municipality, all in a manner not inconsistent with this chapter. Furthermore, a town may make bylaws requiring residents to deposit their refuse in specifically designated bags or containers, or in bags or containers that have attached to them a disposal sticker. Such bags, containers, or disposal stickers shall be sold or made available by the town at a reasonable price.
“MAY” does not mean “REQUIRED” (with “shall” being the preferred word legislatively). The Selectmen didn’t HAVE to make it mandatory is my point. That would preclude those that are disposed (pun intended) to recycle; for those not, it would simply be a typical Transfer Station.
(b) Notwithstanding RSA 31:39, III, towns are authorized to levy civil penalties up to $3,000 for each act which violates the bylaws enacted pursuant to this paragraph. For violations for which any penalty provided in the bylaws is $500 or less, the official designated in the bylaws as the enforcement authority may issue a summons and notice of fine as provided in RSA 502-A:19-b, except that a copy of the fines for violations of the local bylaws shall be substituted for the uniform fine schedule. Defendants who are issued such summons and notice of fine may plead guilty or nolo contendere by mail by entering a plea as provided in RSA 502-A:19-b. If the plea is accepted by the court, the defendant shall not be required to appear unless directed by the court.
They could have, and originally did have a $1,000 fine for a third (and subsequent) violation.  Thank Heaven they didn’t go full tilt and after being slapped on the wrist a few times, the latest version has no fines. Appreciate that.
III. Each town which participates in a solid waste management system developed by a district plan shall present the full amount of its individual cost of participation to its legislative body for funding.
IV. A town may contract, upon a majority vote of its legislative body, with the owners or operators of solid waste disposal facilities for the disposal of solid waste. Such contracts shall be for a term of years not to exceed 40 years. The contracts may contain guarantees of the amount of solid waste to be delivered for disposal, provided that the contract is in keeping with the policy set forth in RSA 149-M:2 and 149-M:3. In the event that a town’s delivered tonnage falls below the level stipulated in contract, the town may procure tonnage from sources outside the town, in compliance with the public benefit requirements of RSA 149-M:11 and as provided in the contract. Contracts may contain provisions for payments based on such guarantees whether or not any subject facility is actually constructed or is operated to dispose of solid waste, and may be absolute, without right of reduction or set-off because of non-appropriation by the town or default by the owner or operator. Contracts may contain such other terms and conditions as the town may determine to be in its best interest.
It is my understanding that the above was looked at – and then dropped.
V. A town may transfer, upon a majority vote of its legislative body, any land interest to the owner or operator of solid waste disposal facilities by deed or by lease of not more than 40 years. Transfer and use of land interests for solid waste disposal facilities shall constitute a public purpose for which towns may acquire land interests in any manner permitted by law.
VI. A town which charges fees for the use of a solid waste facility, or for any other type of solid waste disposal services, including collection, hauling, separation, recycling, or composting, may bill such fees to the owner of the property where the solid waste originates, or which is otherwise benefited by such services, irrespective of whether the facility or other services are provided by the town, another town, a combination of towns, a district, or by a private operator with which the town, towns, or district have contracted.
(a) The establishment of such fees shall be governed by RSA 41:9-a, or other applicable statute or charter provision.
(b) Such charges shall create a lien upon the benefited real estate.(c) A town may collect such charges by the use of any of the collection procedures authorized by RSA 38:22. Interest on overdue charges shall be assessed in accordance with RSA 76:13.
(d) Nothing in this paragraph shall be construed to prevent a town from collecting charges for solid waste disposal services in some other manner, including but not limited to collection at the facility at the time of disposal.
So, MANDATORY isn’t mandated by State Law. But they did it anyway, a case of “We have the Power so let’s use it”. This should be an affront to anyone that is concerned with Individual Liberty and Freedom.  In my view, this is not a “Limited Government” style decision.  Choice, the quantification of Freedom, has been taken away by Government in this decision. For those of you who believe that Government should be able to do anything it wants, then pretty much I believe that our educational system failed you as that was the original premise of American governing philosophy. This may be a small (and VERY irritating) but I know that at least one of the Selectmen knows better – he voted no.  He voted no, however, for a wrong reason because he never spoke up about the right reason.
But do they HAVE that amount of Power?
Note: I called someone about another matter and after that was taken care of, he told me that something was missing in my posts but that I had just said something to me that filled that hole.
Our agreement with Laconia to use their transfer station runs out at the end of this month.  While they accepted third party haulers (e.g., I used T & J Waste Management out of Hillsborough) and they paid by weight and my town subsidized part of that, the new Gilford Recycle Center is not allowing Citizens to hire such haulers to deliver their trash in their stead (EVEN if it was one of those Recycle trucks that did everything they are demanding). Not only that, the Laconia Transfer Station will no longer allow Gilford residents to use their facility.  Period.
So, we’re stuck.
My trash guy just closed its doors – coincidence?
To be continued.