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:
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(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.
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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
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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
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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.
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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).
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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:
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— 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