THE SURVEY - BRUSH DISPOSAL FEES
OVERVIEW
Because this issue was part of a 5-topic survey which we conducted in November 2012, a few of the paragraphs on this page may seem familiar, since they also appear on the corresponding pages associated with each of the other four topics. However, the majority of what appears on this page is specific to the topic of brush disposal fees. So please take the time to look through all of the material.
In the summer of 2012, we started to become unsettled by some of the things we saw Council doing. It became apparent to us that they had become disconnected from the very people who elected them to their positions. They were deliberating in isolation - assuming that they knew what residents really wanted. Once we realized what was going on, we got ourselves organized and undertook the considerable effort to conduct a 5-topic survey/petition, which we subsequently presented to Council (on November 26th, 2012).
The issue of brush disposal fees was the second topic on our 5-part survey. We had a serious objection to the way Council handled the sudden elimination of long-established brush disposal fees, and the fact that they broke procedural rules when they did it. Specifically, a fundamental amendment to a by-law can normally only be carried out by an amending by-law - which itself requires first, second, and third readings, etc. This requirement was confirmed, previously, by both the Mayor and the Clerk when they were asked about the procedures for amending a by-law. The question was posed, and the clarification given, during Public Question period of Council's September 24th, 2012 meeting.
Below is what we provided as background information about brush disposal fees when we went door-to-door, seeking residents' opinions. We've also included Council's official written response.
If you're interested in all of the technical and logistical aspects of the the survey, look in the section entitled Resources and Supporting Materials at the bottom of this page, for links to pertinent details. It was a relatively sophisticated approach and the results are very defensible.
[Click] to go (back) to our primary page on this topic.
In the summer of 2012, we started to become unsettled by some of the things we saw Council doing. It became apparent to us that they had become disconnected from the very people who elected them to their positions. They were deliberating in isolation - assuming that they knew what residents really wanted. Once we realized what was going on, we got ourselves organized and undertook the considerable effort to conduct a 5-topic survey/petition, which we subsequently presented to Council (on November 26th, 2012).
The issue of brush disposal fees was the second topic on our 5-part survey. We had a serious objection to the way Council handled the sudden elimination of long-established brush disposal fees, and the fact that they broke procedural rules when they did it. Specifically, a fundamental amendment to a by-law can normally only be carried out by an amending by-law - which itself requires first, second, and third readings, etc. This requirement was confirmed, previously, by both the Mayor and the Clerk when they were asked about the procedures for amending a by-law. The question was posed, and the clarification given, during Public Question period of Council's September 24th, 2012 meeting.
Below is what we provided as background information about brush disposal fees when we went door-to-door, seeking residents' opinions. We've also included Council's official written response.
If you're interested in all of the technical and logistical aspects of the the survey, look in the section entitled Resources and Supporting Materials at the bottom of this page, for links to pertinent details. It was a relatively sophisticated approach and the results are very defensible.
[Click] to go (back) to our primary page on this topic.
BACKGROUND INFO
Topic #2 from our November 2012 Survey
A short while ago, the Mayor received a complaint, from a vocal resident, regarding “brush fees” (the fees charged for disposing of a pickup truck full of brush and yard waste). He subsequently ram-rodded through a unilateral waiving of the brush fees.
He introduced the topic as “new business” during an afternoon Working Session meeting (which convened at 4:40pm on Monday, September 17th, 2012 – a time at which it was unlikely that the public would be in attendance). Here is an excerpt from the official minutes of that meeting:
Mayor Pickard requested discussion by Council on the disposal of residential brush at the Township’s landfill site. Staff was instructed to draft an update to By-law 02-17 to permit tires and residential brush into the landfill site. It was agreed that residential brush is to be accepted at the landfill site, free of charge, effective immediately.
Since then, there seems to have been a free-for-all at the landfill site. People who want to clear large portions of their land have been able to do so, and have had the opportunity to bring in truck load after truck load of material into the landfill at no charge. The problem is, there is a cost associated with grinding the material, and it takes up valuable space in the landfill. It should not be free. Essentially, everyone who does not take any brush into the landfill, is unfairly subsidizing those who do. The system was working just fine the way it was, before one resident in particular caused a ruckus (Note: the Mayor apparently made remarks at a subsequent Council meeting, admitting that he really only ever received one complaint).
Prior to this “expedient” (albeit, permissible) procedural maneuver on the part of the Mayor, the fee had been set at $25 for a pickup truck full of brush – the same as it would be for a truck load of residential construction waste. After all, the brush gets ground up using the same heavy equipment as construction waste, and it takes up space in the landfill, just like construction waste (and other waste) does.
If it can somehow be shown that actual costs associated with managing and grinding the brush are less than those associated with managing and grinding the construction waste, then it would certainly be appropriate to set the fee at a lower rate. However, until that can be shown, it only seems fair that the brush fee should remain as it was.
[Click] to go (back) to our primary page on this topic.
A short while ago, the Mayor received a complaint, from a vocal resident, regarding “brush fees” (the fees charged for disposing of a pickup truck full of brush and yard waste). He subsequently ram-rodded through a unilateral waiving of the brush fees.
He introduced the topic as “new business” during an afternoon Working Session meeting (which convened at 4:40pm on Monday, September 17th, 2012 – a time at which it was unlikely that the public would be in attendance). Here is an excerpt from the official minutes of that meeting:
Mayor Pickard requested discussion by Council on the disposal of residential brush at the Township’s landfill site. Staff was instructed to draft an update to By-law 02-17 to permit tires and residential brush into the landfill site. It was agreed that residential brush is to be accepted at the landfill site, free of charge, effective immediately.
Since then, there seems to have been a free-for-all at the landfill site. People who want to clear large portions of their land have been able to do so, and have had the opportunity to bring in truck load after truck load of material into the landfill at no charge. The problem is, there is a cost associated with grinding the material, and it takes up valuable space in the landfill. It should not be free. Essentially, everyone who does not take any brush into the landfill, is unfairly subsidizing those who do. The system was working just fine the way it was, before one resident in particular caused a ruckus (Note: the Mayor apparently made remarks at a subsequent Council meeting, admitting that he really only ever received one complaint).
Prior to this “expedient” (albeit, permissible) procedural maneuver on the part of the Mayor, the fee had been set at $25 for a pickup truck full of brush – the same as it would be for a truck load of residential construction waste. After all, the brush gets ground up using the same heavy equipment as construction waste, and it takes up space in the landfill, just like construction waste (and other waste) does.
If it can somehow be shown that actual costs associated with managing and grinding the brush are less than those associated with managing and grinding the construction waste, then it would certainly be appropriate to set the fee at a lower rate. However, until that can be shown, it only seems fair that the brush fee should remain as it was.
[Click] to go (back) to our primary page on this topic.
COUNCIL'S OFFICIAL RESPONSE
Mailed out February 2013 to the 300+ participants
It should be noted that many municipalities have moved toward a program where brush is accepted at no charge. Some municipalities compost the material and provide the mulch to their residents free of charge each spring and fall. It was noted during discussions with the Township engineer that the amount of brush that is ground up is minimal and has the potential to be used as cover material, potentially saving some money for the Township.
With regard to the background material, it should be noted that there was no "ram rodding" occurring with this decision by Council. All members of Council, at one time or another will bring requests from residents and taxpayers to the attention of a committee and/or Council through their interaction on a daily basis as noted under Section 1. In cases where the resident/taxpayer does not feel satisfied with the response at the committee level he/she can ask, and some do, for the matter to be brought to Council by the same Council member. That is what occurred in this instance. A resident/taxpayer approached the Mayor with a question that the Mayor brought forward to the Waste Management Committee.
The Committee did not recommend any change to the procedure/by-law and, upon reporting back to the individual, he/she then asked the Mayor to bring this forward to Council for further consideration. This matter was brought up by the Mayor as part of the Council agenda under New and Unfinished Business. Council agreed to discuss this issue and decided that the fee would be eliminated. The final decision was made by Council, not an individual member. The Municipal Act only permits Council to act as a whole, not as individual members.
The current Waste Management By-law 02-17, sets out the guidelines for the disposal of waste at the landfill site and has been in force and effect since June 1, 2002. This is a public document which can be obtained at the Township office or on line at www.elizabethtown-kitley.on.ca.
Contained in the By-law is this clause:
6.2. Council may by resolution authorize the waiving or reduction of tipping ticket requirements, permits and permit fees or grant minor variances to provisions of this By-law for community groups, special activities and other circumstances where Council in its unfettered sole discretion deems that such actions are within the public interest and not contrary to the intent of this By-law.
This clause permits Council to make decisions about various exceptions during the course of business as issues arise, without the inherent delay of amending the by-law. It allows for some flexibility to the rules.
Also, as municipal by-laws are Council’s laws, it has the option to enforce or not enforce provisions of the by-laws. Council deciding to follow a different route than that laid out in any by-law is generally an exception to the rule, but it does permit Council the opportunity to quickly address a situation that either demonstrates how a by-law provision is not working or to permit a singular exception when Council feels the circumstance warrants it. This assists Council in serving the public. Usually, once a deficiency is found in a by-law, it is amended at a later date to reflect the change.
After speaking with site staff, it has been confirmed that there has not been a “free-for-all” at the site with regard to brush disposal. According to staff, they have not seen a large increase of brush coming in since the decision was made by Council.
Council directed staff to review the revenue stream to determine if clarification or additional options were required in order to address some confusion as to the charges that are being applied to different loads and material. An initial report setting out a number of questions that require clarification on this topic was received by Council at its February 11, 2013 meeting and has been forwarded to the Waste Management Committee for further discussion and recommendation.
[Click] to go (back) to our primary page on this topic.
It should be noted that many municipalities have moved toward a program where brush is accepted at no charge. Some municipalities compost the material and provide the mulch to their residents free of charge each spring and fall. It was noted during discussions with the Township engineer that the amount of brush that is ground up is minimal and has the potential to be used as cover material, potentially saving some money for the Township.
With regard to the background material, it should be noted that there was no "ram rodding" occurring with this decision by Council. All members of Council, at one time or another will bring requests from residents and taxpayers to the attention of a committee and/or Council through their interaction on a daily basis as noted under Section 1. In cases where the resident/taxpayer does not feel satisfied with the response at the committee level he/she can ask, and some do, for the matter to be brought to Council by the same Council member. That is what occurred in this instance. A resident/taxpayer approached the Mayor with a question that the Mayor brought forward to the Waste Management Committee.
The Committee did not recommend any change to the procedure/by-law and, upon reporting back to the individual, he/she then asked the Mayor to bring this forward to Council for further consideration. This matter was brought up by the Mayor as part of the Council agenda under New and Unfinished Business. Council agreed to discuss this issue and decided that the fee would be eliminated. The final decision was made by Council, not an individual member. The Municipal Act only permits Council to act as a whole, not as individual members.
The current Waste Management By-law 02-17, sets out the guidelines for the disposal of waste at the landfill site and has been in force and effect since June 1, 2002. This is a public document which can be obtained at the Township office or on line at www.elizabethtown-kitley.on.ca.
Contained in the By-law is this clause:
6.2. Council may by resolution authorize the waiving or reduction of tipping ticket requirements, permits and permit fees or grant minor variances to provisions of this By-law for community groups, special activities and other circumstances where Council in its unfettered sole discretion deems that such actions are within the public interest and not contrary to the intent of this By-law.
This clause permits Council to make decisions about various exceptions during the course of business as issues arise, without the inherent delay of amending the by-law. It allows for some flexibility to the rules.
Also, as municipal by-laws are Council’s laws, it has the option to enforce or not enforce provisions of the by-laws. Council deciding to follow a different route than that laid out in any by-law is generally an exception to the rule, but it does permit Council the opportunity to quickly address a situation that either demonstrates how a by-law provision is not working or to permit a singular exception when Council feels the circumstance warrants it. This assists Council in serving the public. Usually, once a deficiency is found in a by-law, it is amended at a later date to reflect the change.
After speaking with site staff, it has been confirmed that there has not been a “free-for-all” at the site with regard to brush disposal. According to staff, they have not seen a large increase of brush coming in since the decision was made by Council.
Council directed staff to review the revenue stream to determine if clarification or additional options were required in order to address some confusion as to the charges that are being applied to different loads and material. An initial report setting out a number of questions that require clarification on this topic was received by Council at its February 11, 2013 meeting and has been forwarded to the Waste Management Committee for further discussion and recommendation.
[Click] to go (back) to our primary page on this topic.
RESOURCES and SUPPORTING MATERIALS
Under construction. We are busy preparing
the substantiating resources (documents, newspaper articles, etc.) to
publish in this section. Please check back in a little while, or link
up with our Facebook page to be notified of updates.
PLEASE ATTEND COUNCIL MEETINGS
The clearest, most effective message you can send to Council, is to attend their meetings. So long as the public gallery is empty, they will get the impression that no one cares.
It would be hypocritical to hold Council responsible for the outcome of all things if we are perpetually absent from the process, ourselves.
Typically, Council meetings are held on Mondays. [Click] to open the Township's official calendar in a new window.
It would be hypocritical to hold Council responsible for the outcome of all things if we are perpetually absent from the process, ourselves.
Typically, Council meetings are held on Mondays. [Click] to open the Township's official calendar in a new window.