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HSVPOA Solid Waste Policy Discussion

At the January 5, 2022 Board Discussion Session, Jason Temple, Director of Public Services discussed Solid Waste Policy Revisions. (Chapter 4, Article 4, Solid Waste Policy – See below for current policy in effect at the time of this discussion). A vote was not taken on the policy changes Temple proposed as Discussion Sessions do not allow for voting.

Temple said, “We have had a previous discussion about this policy already and we had changes in addition to what we previously submitted to the Board that we wanted to update the Board on.”

Solid Waste Pickup – Proposal that ALL Commercial Businesses, Residences and Rental Facilities Should be Required to Participate in POA Sanitation Pickup (Does NOT Include Townhomes)

Temple stated, “Specifically, in summary, our Waste Management Policy has some basic, hardlines in it and it makes reference to our new rules and regulations that we will get into more details of how our Property Owners should operate in the realms of our Sanitation Program.” This will be regulated by the General Manager. “The changes that we added to this particular policy, in addition to our previous discussion, are as follows:

  • Section 3 – added statement, “All HSVPOA places of commercial businesses, residences and rental facilities are required to subscribe to our HSVPOA Solid Waste Services. We’ve come into some information recently that we do have some facilities here in the Village that do not pay for sanitation services. A lot of the time it was just due to new commercial businesses and the processes of getting permitted – they didn’t get set up. For example, they hauled their trash to the Minorca building or did something [else] with it. Our community dumpsters at the Street Department are for paying customers.” The dumpsters are not for contractors or for anybody that does not currently pay HSVPOA for solid waste services. “According to the county ordinance, Hot Springs Village is the responsible party in charge of ALL Solid Waste Managements Programs here inside of our boundary. That statement is in agreement with the county ordinance and it is in agreement with everyone participating in a fair manner.”

Board Director Pam Avila asked, “how does that impact the Townhouse Associations that use a third party?”

Temple responded, “the townhouses are exempted, so to speak, because they are a third party that the Board is required to approve and give them permission to do on an annual basis. That third party can come in and pick up the Townhouse Association, only by your permission [permission from the Board].”

Corry asked, “what other third parties are there?”

Temple said that was the only one that has ever been approved. “Because sanitation is a business that is supported and operated by the POA, it is important that we protect its financial sustainability and that everyone inside the POA participates. That ensures financial stability… Someday, we would love to work with the Townhouse Association to bring them back into our POA facility [trash service]. As you are well aware, the sanitation program does generate some revenues that cover our sanitation programs and it goes into our POA general pot that helps with paying for road repairs and things like that.”

Omohundro asked, “you say for commercial. How is that actually going to work? Commercial vendors are going to pay for sanitation how? What are they going to get for that pay?”

Temple said, “in accordance with your fee schedule, they can have a small residential container or they can have the metal dumpsters and they can be picked up on whatever pay schedule that they subscribe to. What happens is everyone usually becomes a customer at the time a new home is built, or a new commercial business is built and we’ve had a few commercial businesses that have come into the Village that did not get set up appropriately. We just want to back up that process with a policy statement and I’ve already talked with Permitting and Inspection to make sure that all existing and future commercial businesses get into the sanitation program provided by the POA.”

Avila stated the policy sounds like it is all-inclusive, but it’s not. There is an exception and that is the Townhouse Association.

Avilla pointed out that the proposed new Solid Waste Policy states that ALL are required to participate. The statement should state, “all, with the exception of [the Townhouse Association].

Temple agreed. Temple said that in Section 3 it states, “‘Hot Springs Village Property Owners Association (HSVPOA) shall have the exclusive right within the solid-waste service area to collect, dispose and bill for such services. No individual or entity may provide solid waste hauling services for the systematic and routine collection, transportation or disposal of solid waste or trash, without written authorization of HSVPOA.'”

Temple said that the only organization that has been given permission to use an outside solid waste company is the Townhouse Association.

Avila said, “I get that, but they are conflicting statements.” Avila asked the policy to be changed to ‘all with the exception of ‘.”

Omohundro said it could be changed to state, “or noted elsewhere.”

Temple agreed to make this change.

Omohundro said, “I am still back on the commercial deal. I don’t know why. We have retail outlet commercial and we have commercial buildings. Are we saying we are going to pick up their trash at a commercial building?”

Temple responded, “yes.”

Omohundro said, “I have a dumpster for a lot of my property and it is a very expensive process. Some people do not. They actually put their trash out in their buildings. I am talking about in the Gasoline Alley area. They put out, so obviously, they should be paying for sanitation for their building. I guess individuals have their buildings down there, they are going to be required to pay the sanitation bill.”

Temple responded, “if they are paying [for] their own meter [water meter], and they have their own water account, they usually also have a sewer/sanitation bill. That is how I am looking at it.”

Omohundro said, “They don’t right now.”

Temple said, “if they are part of a larger group, like yours and maybe you haven’t [indecipherable] that [indecipherable], then there is just one sanitation bill to that entire entity. And that would be your purview to make sure that you are participating tenants participate in that sanitation coverage.”

Omohundro said, “I don’t pay sanitation bill on all of my water meters, but I pay for a big dumpster, to cover all of that area.”

Temple said, “that covers that whole area.”

Omohundro said, “there are other guys there that have individual buildings that actually don’t even have trash there. But I guess they are going to be paying – an individual person with their own building and own lot there, if you will – then they are going to be paying a sanitation bill so they can put their trash cans out if they want and we’ll pick them up. Is that what we are saying.”

Temple, “you can. Absolutely. They can operate individually or they can operate as a whole. We’re just required under county ordinance to make sure that everybody has sanitation service.”

Corry asked, “Do you have any idea of how many this is going to affect?”

Temple said, “only two folks that I am aware of right now.

Corry asked, “anyone with a water meter is already paying for sanitation?”

Temple, “as far as we know. Everyone is already. There are recent commercial developments that missed getting into the loop here…”

Proposal Requiring the Use of Biodegradable Paper Bags by Leaf Pickup Customers

Temple said the other big item that we added to the policy was about the leaf pickup and biodegradable bags. “Unfortunately the City of Hot Springs will not take cardboard or plastic. They only take leaves or biodegradable paper bags at their compost facility.”

  • Temple stated, “In Section 8 we have added, ‘All leaves and yard waste must be placed in biodegradable paper bags. Leaf route pickups will be scheduled to coordinate with your regular trash pickup, per rules and regulations.'”

Temple added, “that is a big change. You can get these paper bags at any of the hardware stores, Lowes, or Walmart and they are not nearly as easy to work with as the plastic bags or the biodegradable plastic bags. The reason why they won’t take the biodegradable plastic bags is they take years to biodegrade.” The biodegradable plastic bags also clog up the processing machines.”

Temple said they are proposing continuation of the leaf pickup service with customers using only biodegradable paper bags.

  • Customers will also have the option to hire a landscaping service to collect and remove the leaves. Temple proposed that landscaping companies must be approved by the POA to work in the Village.

Corry said the POA does not have a choice with this policy change because of the City of Hot Springs policy change. [This statement was in reference to the proposed requirement to use biodegradable bags for leaf pickup by the POA.]

Director Gary Belair asked, “How do we authorize a lawn mowing service?”

Omohundro said, “we don’t authorize one.”

Temple said, “what we do is, they come in and they get their work pass and that is our form of authorization.”

Omohundro said, “I think what he is trying to say is that we authorize you to hire somebody else to do the work; which I don’t know if that even needs to be said. It’s like saying, ‘we’ll authorize someone to mow your yard.’ I don’t know that we have to have that as a policy.”

Belair said, “I am quoting section 7. It says, ‘an HSVPOA authorized private contractor’ and I had not noticed that word, ‘authorized private contractor’ before.”

Omohundro said, “really, we don’t authorize. We don’t authorize private contractors.”

Temple asked if he should change the wording to say, “approved.”

Belair said, “I understand what you are saying about a work pass to get into the place.”

Omohundro said, “I actually don’t think we ought to be authorizing people at all because that puts us in a situation of…’well, you authorized them so…’ We don’t need to go there.”

Temple added, “what I am trying to say is, only those that have a work pass to work in the Village, landscape companies or handyman, or private contractors that have the approved access into the Village, can come and do that work. It won’t be any competition to us because we are actually encouraging that is all we are trying to do.”

Avila said, “I don’t think that should be in there at all.”

Omohundro asked, “Do we really want to go there?”

Temple said, “I can take it out – if you are okay [with that]. Less is best sometimes.”

Omohundro said, “we get criticized enough for having our thumb on people. Let’s…”

Temple said, “I am going to take it out.”

Omohundro replied, “I think that is a good idea.”

Temple said this [POA leaf pickup] service does not make any money for the POA and that it actually costs the POA and they want to encourage people to hire a service for leaf removal.

Omohundro said, “we would be money ahead not to offer the [leaf pickup] service.

Solid Waste Management Policy in Effect at Time of This Discussion

Solid-Waste-Management-Policy-as-of-1-5-22-pages-80-81

By Cheryl Dowden, January 8, 2022

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