SWA Board discuss proposed changes

During a special meeting of the Hot Spring County Solid Waste Authority Thursday, the board discussed changes that have been proposed by the SWA members.

The first change was adding the town of Midway as a member. This change was approve unanimously.

Two other changes were also discussed and there was some disagreements between board members.

One change involved a position on the board and the other changed involving the SWA budgeting process.

According to the resolution approved by the four SWA members, a law was passed in 2001 allowing the county to have an additional member on the board to represent the county’s Industrial Development Corporation. Since that time, the IDC has been dissolved and “a new entity with a similar name,” the Economic Development Corporation has been recommending a director to the board.

Andrew Daily, chairman for the HSC Quorum Court’s SWA Committee, spoke the SWA board about the proposal. He mentioned that since the resolution was approved county officials have been able to do more research and have learned that the IDC is still in existence but representatives for the IDC have not met in more than a decade.

The members also expressed, in the resolution, the possibility of adding a board director to represent Midway.

While discussing the legal aspect of this change, David Kizzia, who serves as legal counsel for the board, said he could not give the board a clear answer.

“I suppose an argument can be made that the EDC steps into the shoes of the IDC and fulfills the same functions, so you have a substantial compliance argument; however, if it in fact true that the IDC is still an entity that legally exists that would complicate how I think about that rather a lot,” he said adding that he does not believe that there is any “ill intent” from either side of the argument.

“This feels like this is an invitation from the members to work with the SWA board,” Kizzia said. “It feels like people are trying to do what’s right.”

In the end, the board voted to support the members as they and legislators work through the process.

Two board members, Jerry Dodd and Pat Carver, voted against the motion.

Dodd, who serves in the EDC position, expressed his feelings that the EDC is a successor of the IDC and he noted that all of the assets for the IDC were turned over the EDC.

The board also discussed a proposed changed to the SWA budgeting process.

“The four member of the Solid Waste Authority provide a vast majority of the funding necessary for Solid

Waste Authority operations,” according to a resolution approved by the members. “The four members currently have very little input in the Solid Waste Authority budget and it is important that the members funding the Solid Waste Authority have better input in the establishment of the annual Solid Waste Authority budgetary process.”

The members suggest the law be amended to include language that the SWA budget “be submitted to the members of the Solid Waste Authority for review and approval before each calendar year.”

The board voted to ap

prove this resolution with

Dodd and Carver voting against it.

Both expressed concern that the county is overstepping its authority.

“That’s the whole issue here among almost all this stuff through the years. Once you set up another entity, how much continued control do you have… maybe this SWA needs to just become a subsidiary–a department of the county?” Dodd said.

Following the action items, members of the board went into an executive session to discuss the hiring of a new SWA administrator.

After returning to the open session, the board did not make any decisions and no action was taken.

According to a notice received Friday, the board will be meeting Monday for scheduled interviews for the administrator position.

The meeting will begin at 5:30 p.m. at the Hot Spring County SWA.

“These interviews will be done in executive session. Any action taken will be announced following the executive session,” according to the notice.