11/4/2024 6:53:58 PM
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Section 5: OPA Board Subject: Republic Yard Waste Msg# 1214569
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Republic Confusion Ongoing commentary by Joe Reynolds, OceanPinesForum.com Association member Jack Barnes reported to OceanPinesForum.com that Republic trash collection trucks in his area were not picking up four bags of yard waste if it was not in paper bags. Barnes put out four bags of yard waste in plastic bags on his trash collection day, and Republic did not take them. Nor did Republic take any other yard waste in plastic bags in his section of Ocean Pines Paper bags reportedly sell for $2 each. Some lots in Ocean Pines require more than 100 bags in the fall alone. $200+ The OPA contract with Republic states: "The Company shall collect up to a maximum of four (4) bags of leaves and/or yard waste per collection." There is no requirement that yard waste be in paper bags. Barnes called Republic Regional Manager Dominick Fulginiti, who confirmed either paper or plastic bags can be used for yard waste on normal garbage collection days. The confusion for workers on the trucks may be that the contract also provides for four new special leaf collection pickups in the Fall and these must be in paper bags. As many associaion members are aware, Republic and OPA recently held a Town Hall meeting regarding the giagantic garbage collection cans delivered to many association members with no advance notice. The Town Hall produced a compromise where Republic agreed to provide an option for a small can. These new cans are designed to allow them to be picked up and dumped into new trucks that will automate the process so only one employee is required on the truck - the driver. Interestingly, the contract between OPA and Republic apparently makes no reference to requiring any special garbage can from Republic. In fact, the contract states Republic will make every effort to not damage your privately-owned can. To quote from the contract: "Containers which have been substantially damaged through the fault of the Company shall be replaced by the Company with containers of like-kind and quality as those damaged. Notwithstanding the foregoing, the Company will not be held responsible for plastic cans of insufficient strength that may crack from exposure to freezing temperatures." Based on the wording of the contract, Republic customers should have the option of using their existing, privately-purchased trash cans for the three-year term of the contract, unless both parties agree to a change mandatings use of the special Republic-provided cans. If that is correct, Republic customers should exercise their right to use their own can if they choose, and not just blindly assume they must use the new Republic cans. OPA needs to insist Republic honor the contract as written. OPA and Republic need to issue a joint press release laying all this all out in clear, understandable language. It is time for an end to association member confusion, predominately caused by Republic, about the contract, and association member customer rights under the contract. This needs to be addressed as soon as possible by the Board of Directors, perhaps via President Stuart Lakernick communicating personally with Republic Regional Manager Dominick Fulginiti, to resolve this totally unnecessary confusion. OPA and Republic have a three-year contract in place as of last January, and signed by then OPA President Rick Farr and Republic's Dominick Fulginiti. Following the wording of the contract, a good contract recommended by OPA General Manager John Viola and approved by the Board of Directors, should not be brain surgery. |
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For reference, the above message is a reply to a message where: Jack, you asked me the following: Republic passed by mine and neighbors 4 bags of leaves in plastic bags today. The answer I received from OPA was: "Per the contract, Republic will take up to 4 bagged leaves placed in paper bags as they are taken for recycling. If placed in plastic bags, they will need to be placed in the trash receptacle." I thought the current contract said nothing about having to use paper bags for yard debris. . I have over 20 plastic bags already packed. Was prepared to switch to paper but not this early. Am I screwed? JB So. looking at the actual wording in the contract, I 'find the following references to yard waste: (a) "Yard waste" shall mean all accumulations of grass or shrubbery cuttings, leaves, tree limbs, branched, brush, vines, garden plants, and other similar organic materials as the result of the cultivation and maintenance of lawns, shrubbery, vines, trees, and gardens." and (a) The Company shall collect up to a maximum of four (4) bags of leaves and/or yard waste per collection. Brush, tree limbs and shrub trimmings shall be collected provided that they are cut into 4-foot lengths and tied into bundles weighing not more than 50 pounds. I am no lawyer, but if the contract intended to define yard waste " bags" as only paper bags, that should have been specifically stipulated. It was not. The contract only says four (4) bags. Perhaps OPA Counsel Bruce Bright will offer an opinion but my civilian opinion is they must pick up yard waste in plastic bags or paper bags. For what it is worth, Republic has been picking up a neighbor's trash and he rarely puts out a can. For example, last Friday he put out about 8 black plastic bags and a small pile of wood. He has never used paper bags. They took every item. The week before they took none, and that was the first time in years they failed to take all the bags and wood debris he put out. Maybe it depends on the crew??? |
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