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July 3, 2014 MINUTES WEST MEMPHIS CITY COUNCIL July 3, 2014 A regular meeting of the West Memphis City Council was held on Thursday, July 3, 2014 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Invocation was given by John Rech from The Evening Times. Mayor Johnson called the meeting to order at 1:35p.m. Tracy Camper, Jr Deputy City Clerk, called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin and Councilors, Willis Mondy, James Holt, Melanie Hutchinson, Lorraine Robinson, Tracy Catt, James Pulliaum, and Ramona Taylor. Those absent were:Marco McClendon, Taz Tyrone and Herman Coleman. Quorum being present, Mayor Johnson proceeded with the meeting. MINUTES ters Councilor Catt moved, seconded by Councilor Pulliaum to dispense with the reading of the minutes of June 26th, 2014 City Council meeting approve them as submitted. Upon voice vote, the voting was unanimous to approve. OLD BUSINESS 0-1 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PORPERTY LOCATED AT 500 WEST BROADWAY, ALLOWING A CLIMATE CONTROLLED STORAGE FACILITY IN A C-1, COMMERICAL DISTRICT. Councilor Taylor made a motion, seconded by Councilor Mondy to table it to the next regular meeting. Mayor Johnson explained there are several items still not completed that are required to receive this permit(pictures were taken). Upon voice vote, voting was unanimous. PERMISSION REQUEST Councilor Catt made a motion, seconded by Councilor Taylor to grant permission for Mayor Johnson to sign a Consent Administrative Order between the EPA, City of West Memphis and West Memphis Utilities. Upon voice vote, the voting was unanimous. Councilor Catt made a motion, seconded by Councilor Taylor to grant permission for Mayor Johnson to sign a contract with Brawley Consulting Engineers, Inc. for MPO. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS PUBLIC WORKS COMMISSION—Councilor Taylor asked City Engineer Sorrell to give report. City Engineer Sorrell reported that we officially recorded 7.2" of rainfall in a 24 hour period at the Waste Water Treatment Plant. At least 8 locations throughout the city were flooded. Number of homes not recorded at this time. No further damage in the county per County Judge therefore it did not rise to a disaster declaration. He also reported that there are 3 different flood control projects in the works: the construction of a detention basin in Westwood Acres, drainage project in the southeast part of the City using CDBG Funds and ditch work around the south of the Hospital to the Riverbend Apartments. POLICE COMMISSION— Councilor Mondy reported that there is a huge turnover problem. We have five new officers at the Academy. We are currently looking for incentive programs to keep our officers in place. ANNOUNCEMENT: Mayor Johnson announced that our pension plan is all current as well as our uniform plan for the City. We have no liability out there. Other cities are having trouble but West Memphis is current. Also announced, with the potential change in the minimum wage, the Cities lowest paid employee (temporary or permanent) is$8.95 per hour based on the pay scale that was established by the Council. CITIZENS REQUEST: Kyle Watkins, Franklin Park/LR Jackson Girls & Boys Club—request for help with the field conditions. They are unable to play due to the incomplete work to the fields. The tennis courts are still incomplete. There is debris and tires still on the courts. There is an electrical problem that causes the power to go out. He was told that the City owned the property and is asking for any assistants that can be provided. Having no further business to come before the City Council, Councilor Taylor moved, second by Councilor Pulliaum to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 1:55 p.m. PASSED and APPROVED this_17th_day of July 2014. ` �Lam....,^� ✓�--� WILLIAM H. J HNSON, MAYOR ATTEST: PHILLI A, CITY CLERK Minutes prepared by: Tracy Camper,Jr.Deputy City Clerk ADEQ ARKANSAS Department of Environmental Quality June 23, 2014 CERTIFIED MAIL 91 7199 9991 7030 4900 1594 RETURN RECEIPT REQUESTED The Honorable William H. Johnson Mayor of West Memphis, Arkansas P.O. Box 1728 West Memphis, AR 72303 RE: Proposed Consent Administrative Order(CAO) AFIN: 18-00109 Air Permit: N/A Dear Mayor Johnson: Enclosed, please find the proposed CAO written to address violations of the Arkansas Air Pollution Control Code. If you agree to the terms of this CAO, please have it executed by an authorized company official and return the complete original embossed document to me at the Department letterhead address. When the Director of the Arkansas Department of Environmental Quality has signed the CAO, a copy will be sent to you for your files. Failure to respond will result in the withdrawal of this CAO and the Department will pursue appropriate enforcement action. In an effort to expedite the resolution of these issues, ADEQ will accept in settlement a civil penalty assessment of fifty percent (50%) of the full civil penalty amount determined pursuant to APC&EC Regulation No. 7 if the CAO is signed and returned to ADEQ, Air Enforcement Section prior to 4:00 p.m. on July 20, 2014. After this date, and until any administrative hearing or similar action is held on this matter,ADEQ will continue to entertain the possibility of a settlement by entering into a CAO. However, the penalty reduction incentive for expedited settlement will be withdrawn and not available after the date the initial offer for penalty reduction has expired. The Expedited Enforcement Settlement Policy,which became effective April 21,2014 will hereby be applied to your facility's current CAO. The previously proposed CAO,which did not include the expedited enforcement option, is hereby withdrawn, and a new CAO is hereby issued. Should you have any questions regarding this matter, you may contact me by phone at 501-682-0814, or via e-mail at seaton@adeq.state.ar.us. Sincerely, Daniel Seaton,MPH,RS Enforcement Analyst Air Division ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE/NORTH LITTLE ROCK/ARKANSAS 72118-5317/TELEPHONE 501-682-0744 /FAX 501-682-0880 www.adeq.state.ar.us ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: AFIN: 18-00109 LIS No. CITY OF WEST MEMPHIS -WEST MEMPHIS UTILITIES COMMISSION 604 EAST COOPER AVENUE WEST MEMPHIS, AR 72301 CONSENT ADMINISTRATIVE ORDER This Consent Administrative Order(hereinafter "CAO") is issued pursuant to the authority delegated under the federal Clean Air Act, 42 U.S.C. § 7401 et seq., and the federal regulations issued thereunder. In addition, this CAO is issued pursuant to the authority of the Arkansas Water and Air Pollution Control Act (hereinafter"the Act"), Ark. Code Ann. § 8-4-101 et seq., Arkansas Pollution Control and Ecology Commission (hereinafter"APC&EC") Regulation 7, APC&EC Regulation 8, APC&EC Regulation 18, and APC&EC Regulation 19. The issues herein having been settled by agreement of City of West Memphis—West Memphis Utilities Commission(hereinafter"Respondent") and the Director of the Arkansas Department of Environmental Quality (hereinafter"ADEQ"), it is hereby agreed and stipulated that the following FINDINGS OF FACT and ORDER AND AGREEMENT be entered. FINDINGS OF FACT 1. Respondent owns and operates a gasoline dispensing facility located at 604 East Cooper Avenue in West Memphis, Crittenden County, Arkansas. 2. Ark. Code Ann. § 8-4-217(a)(3) provides: (a) It shall be unlawful for any person to: 1 ' (3) Violate any provisions of this chapter or of any rule, regulation, or order adopted by the Arkansas Pollution Control and Ecology Commission under this chapter or of a permit issued under this chapter by the Arkansas Department of Environmental Quality. 3. Ark. Code Ann. § 8-4-103(c)(1) as referenced by Ark. Code Ann. §§ 8-4-304 and 8-4-311 authorizes ADEQ to assess an administrative civil penalty not to exceed ten thousand dollars ($10,000)per violation for any violation of any provision of the Act and any regulation or permit issued pursuant to the Act. 4. Pursuant to Ark. Code Ann. § 8-4-103(c)(1)(B) as referenced by Ark. Code Ann. § 8-4-304, "Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessment." 5. The United States Environmental Protection Agency(hereinafter"EPA") designated Crittenden County, Arkansas as a nonattainment area for violating the ozone National Ambient Air Quality Standards for years 2004 through 2009 and in 2012 and 2013. Unless exempt under APC&EC Reg. 19.1304, gasoline dispensing facilities, gasoline service stations, and delivery vessels delivering gasoline to a gasoline dispensing facility or gasoline service station in a nonattainment area must comply with APC&EC Reg. 19, § 13 to improve air quality, as required by the Clean Air Act. 6. On August 19, 2013, ADEQ personnel conducted an inspection of Respondent's facility, which is located in Crittenden County, Arkansas, an EPA designated nonattainment area for ozone. The inspection revealed an aboveground gasoline storage tank without a vapor control system. Such act violates APC&EC Reg. 19.1305(A) and therefore violates Ark. Code Ann. § 8- 4-217(a)(3) as referenced by Ark. Code Ann. § 8-4-304. 2 ORDER AND AGREEMENT WHEREFORE, Respondent and ADEQ do hereby agree and stipulate as follows: 1. Within sixty (60) calendar days of the effective date of this CAO, Respondent shall demonstrate compliance with APC&EC Reg. 19.1305(A) by having equipment installed to collect vapors displaced during filling from its aboveground gasoline storage tank. 2. Within ten(10) calendar days of equipment installation referenced in ORDER AND AGREEMENT Paragraph 1 of this CAO, Respondent shall submit copies of records documenting installation of said equipment to the ADEQ Air Enforcement Environmental Program Coordinator. 3. In compromise and full settlement of the violations specified in the FINDINGS OF FACT, Respondent agrees to pay a civil penalty of FOUR THOUSAND EIGHT HUNDRED DOLLARS ($4,800.00), or one-half of the penalty, TWO THOUSAND FOUR HUNDRED DOLLARS ($2,400.00) if this Order is signed and returned to Air Enforcement Section, ADEQ, 5301 Northshore Drive,North Little Rock, Arkansas 72118-5317, prior to 4:00 p.m. on July 20, 2014. Payment is due within thirty(30) calendar days of the effective date of this Order. Such payment shall be made payable to: ADEQ, Fiscal Division 5301 Northshore Drive North Little Rock, Arkansas 72118-5317. In the event that Respondent fails to pay the civil penalty within the prescribed time, ADEQ shall be entitled to attorneys' fees and costs associated with collection. 4. All applicable submissions required by this CAO are subject to approval by ADEQ. In the event of any deficiency, Respondent shall, within fifteen(15) calendar days of notification by ADEQ, submit any additional information requested. Failure to adequately 3 respond to the notice of deficiency within fifteen (15) calendar days constitutes a failure to meet a deadline and is subject to the civil penalties established in the following Paragraph. 5. Failure to meet the limits, requirements, or deadlines of this CAO or the applicable approved schedules provided for herein constitutes a violation of said CAO. If Respondent fails to meet any limits, requirements, or deadlines, Respondent consents and agrees to pay, on demand, to ADEQ civil penalties according to the following schedule: (a)First day through the fourteenth day: $100 per day (b) Fifteenth day through the thirtieth day: $500 per day (c) More than thirty days: $1000 per day Stipulated penalties shall be paid within thirty (30) calendar days of receipt of ADEQ's demand to Respondent for such penalties. These stipulated penalties may be imposed for delay in scheduled performance and shall be in addition to any other remedies or sanctions which may be available to ADEQ by reason of Respondent's failure to comply with the requirements of this CAO. ADEQ reserves its rights to collect other penalties and fines pursuant to its enforcement authority in lieu of the stipulated penalties set forth above. 6. If any event, including, but not limited to, an occurrence of nature, causes or may cause a delay in the achievement of compliance by Respondent with the requirements or deadlines of this CAO, Respondent shall notify ADEQ in writing as soon as reasonably possible after it is apparent that a delay will result, but in no case after the due dates have passed. The notification shall describe in detail the anticipated length of the delay, the precise cause of the delay,the measures being taken and to be taken to minimize the delay, and the timetable by which those measures will be implemented. 7. ADEQ may grant an extension of any provision of this CAO, provided that Respondent requests such an extension in writing and provided that the delay or anticipated delay 4 I ' has or will be caused by circumstances beyond the control of and without the fault of Respondent. The time for performance may be extended for a reasonable period, but in no event longer than the period of delay resulting from such circumstances. The burden of proving that any delay is caused by circumstances beyond the control of and without the fault of Respondent and the length of the delay attributable to such circumstances shall rest with Respondent. Failure to notify ADEQ promptly, as provided in the previous Paragraph of the ORDER AND AGREEMENT, shall be grounds for a denial of an extension. 8. This CAO is subject to public review and comment in accordance with Ark. Code Ann. § 8-4-103(d), and therefore is not effective until thirty (30) calendar days after public notice of the CAO is given. ADEQ retains the right and discretion to rescind this CAO based on comments received within the thirty-day public comment period. 9. As provided by APC&EC Regulation 8, this matter is subject to being reopened upon Commission initiative or in the event a petition to set aside this CAO is granted by the Commission. 10. Nothing contained in this CAO shall relieve Respondent of any obligations imposed by any other applicable local, state, or federal laws,nor, except as specifically provided herein, shall this CAO be deemed in any way to relieve Respondent of responsibilities contained in the permit. 11. Nothing in this CAO shall be construed as a waiver by ADEQ of its enforcement authority over alleged violations not specifically addressed herein. In addition,this CAO does not exonerate Respondent from any past, present, or future conduct which is not expressly addressed herein, nor does it relieve Respondent of the responsibilities for obtaining any necessary permits. 5 12. This Order has been reviewed and approved by the City Council of the City of West Memphis in a duly convened meeting with a quorum present. It is the intention of the City Council to be bound by the terms appearing in the Order. 13. The City Council of the City of West Memphis has authorized the Mayor and the City Clerk/Treasurer to sign this Order on behalf of the City. 14. The City Council of the City of West Memphis has authorized the Mayor and City Clerk/Treasurer to expend funds for compliance activities required by this Order including but not limited to the payment of a civil penalty in the amount of FOUR THOUSAND EIGHT HUNDRED DOLLARS ($4,800.00). 6 • SO ORDERED THIS DAY OF , 2014. TERESA MARKS, DIRECTOR ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY APPROVED AS TO FORM AND CONTENT: CITY OF WEST MEMPHIS -WEST MEMPHIS UTILITIES COMMISSION BY: (Signature) (Typed or printed name) TITLE: DATE: BY: (Signature) (Typed or printed name) TITLE: DATE: 7 — i r AGREEMENT AMENDMENT TRANSPORTATION PLANNING/ENGINEERING SERVICES (214) JOB 110481 WEST MEMPHIS AIR QUALITY PLANNING FAP NO. CTP FAP NO. CM-PLAN LAN 1) JOB 110273 WMATS TRANSPORTATION PLANNING JOB 818 WEST MEMPHIS AREA TRANSPORTATION STUDY FAP NO. AR-81-X018 ty of WHEREAS, THE AGREEMENT dated1st of July 2013 by and between the lnc. for Transportation Planning' /Engineering Memphis and Brawley Consulting Engineers, Services for the Metropolitan Planning Organization's atio s (MPO's) FY20142Unified nige ie Planning Work Program on Page 1, Paragraph 1.3, "ContractCeiling "Title I Ceiling Price, states said Ceiling Price to be $357,500.00, and WHEREAS, THE AGREEMENT on Page 2, Paragraph 1.13, states that the Ceiling Price can only be modified in writing, and WHEREAS, due to additional Federal mandated requirements including heroducti n of Brawley performance based planning measures into the local planning process, t Consulting Engineers, Inc., is required to expend additional effort and time above and beyond the projected FY2014 Unified Planning Work Program duties and requirements, and WHEREAS, there is $10,081.55 of unused FY2014 Planning Funds plus $2,520.39 local match available to fund these additional costs, NOW THEREFORE, the parties to this Agreement, the City of West Memphis (Owner) and Brawley Consulting Engineers, Inc. (Consultant) hereby of $12,601.94rwith the understand ngease the "Contract lalg Price" in this Agreement by the said available amount other parts of the Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereunto havevexecuted ethis Agreement2boy their duly d authorized officers or agents on the Y e BRAWLEY CONSULTING ENGINEERS, INC. i . e ' ATTEST: �I�__. --' By: ..I. Eddie E. Brawley, P.E. President CITY OF WEST MEMPHIS ATTEST: By: William Johnson, Mayor