The Mississippi County Quorum Court met Tuesday evening and the most significant item discussed wasn’t even on the agenda. That item was regarding the county being fined by the Arkansas Department of Environmental Quality (ADEQ) as a result of the county’s demolition of the former Osceola City Jail.
The former jail was owned by the county and had been used for document storage at one time.
The court voted unanimously (Justices Sylvester Belcher and Alvin Clay were absent) to authorize County Judge Randy Carney to sign a Consent Administrative Order (CAO) with the ADEQ that stipulated certain findings of facts, while “neither admitting nor denying the factual and legal allegations contained.”
By signing the CAO, the ADEQ agreed to reduce the fine from $2,800 to only $1,400. Some facts stipulated to were that the property was owned by the county and that around February 24, 2016, the county had demolished the building without first having filed a Notice of Intent (NOI) at least 10 days prior and without having performed an asbestos survey and/or abatement prior to demolition. The CAO also stipulated some other items such as the ADEQ’s authority to fine up to $10,000 per violation and that each day of a continuing violation can be deemed to be a separate violation.
Other facts stipulated to was that On February 25, 2016 ADEQ called Carney and explained legal requirements regarding asbestos inspections and demolitions and asked if a NOI has been submitted. According to the document, Carney said that the demolition of the structure in question was almost complete and that the documents would be sent to the ADEQ. That NOI was received by the ADEQ on March 22, 2016 and while listing Landfill Director Wil Allen as the contractor, did not include critical information such as whether asbestos was present in the building or if an asbestos survey had been conducted.
The meeting began in a very solemn, dignified manner as the members of the court and visitors in the gallery all took a moment of silence in memory of those killed in the Manchester England terrorist attack, Anne McGuire (wife of former County Judge Steve McGuire) and former Rivercrest Colt and NFL Hall of Famer Cortez Kennedy.
In other business, Justice Howard Norvell asked, during the Finance Committee report, if the county should still be holding back the checks that the county owes the City of Blytheville.
“The money that the county owes the city of Blytheville. Two rights don’t make a wrong…the court has said that they do not owe anything right now, so should we continue to hold the money or should we do the bigger thing? We legally owe them but right now they don’t legally owe us money,” Norvell said.
Finance Committee Chairman Michael White said that was why he brought the topic up in the committee meeting.
Justice Ken Kennemore asked if the Arkansas Supreme Court reverses the decision, does the city of Blytheville have the money to pay the county.
Justice Barry Ball said that Norvell’s characterization was not entire correct.
“Well that is not exactly true. They haven’t ruled yet,” Ball added.
Carney then said, “As I recall the consensus was to hold the checks.”
White then answered, “The preponderance or general consensus was that yes.”
The court also unanimously agreed to fund the Sheriff’s new “Drug Control Fund” by transferring $1,000 from the Sheriff Department’s Communication Fund.
Also, County Treasurer Peggy Meatte announced that for April, the county’s share of the one-cent sales tax for County General was $100,116.92.
That was up from $84,437.21 last month and down from $106,548.64 in April of 2016.
Regarding the half-cent Economic Development Tax, revenues were $250,346.16 for April. That is up from $211,138.46 last month and down from $266,428.93 in April 2016.
Likewise, the half-cent Hospital Tax was $250,346.15 in April. That total was up from $211, 138.45 last month and down from $266,428.93 in April of 2016.
thenry@blythevillecourier.com