Tenaha Residents Upset Over Trash Service; Mayor Has Council Member Removed From Executive Session

July 18, 2022 - Attendees were shocked during the July 5 meeting of the Tenaha City Council when the executive session was interrupted and the mayor requested law enforcement escort a council member out.

The meeting was closing in on completion when mayor O'Neal Jones exited from the executive session meeting room into the main meeting room and requested Chief Scott Burkhalter escort Durand Steadman from the room. Mayor Jones then walked to the main meeting room table and took a seat.

Steadman was then escorted outside where Chief Burkhalter spoke with him, and several other people from the meeting area headed outside as well.

It's unclear what the disruption was that caused the mayor to make the request of law enforcement; however, no legal action was taken following Steadman being escorted out.

During the public comment portion of the meeting Dennis Lily of Lily Sanitation thanked the citizens of Tenaha for whom he has picked up trash for years, he said he was concerned that he was told outside of the city limits he would have to pick up his cans. He said he wanted to know how it works for the city to tell him what to do outside of the city limits.

Robert Barton, a local resident, thanked the council for their service. He said he has been on the school board for years and understands what they go through.

"The trash pickup, I think it's a great idea guys, I think it's at the wrong time. My personal opinion," said Barton. "With the economy the way it is trying to force something on people, money's tight right now."

Barton said, as a citizen he doesn't like being told what he has to do and as a US Citizen feels he should have the freedom to choose what he wants to do.

"If I've got a business and I come in here and I see what happened last week, I wouldn't bring a business to this town, no way would I bring a business to this town. Y'all may not like each other, but you've got to respect each other, you've got to respect the position that you're in," said Barton.

The council then heard from Douglas Hooper who said he agreed with Barton's statements. He stated the city wasn't giving everyone a choice, and in America you have choices. He said he wasn't saying he was against the trash pickup, but he felt everyone should have been more informed.

Kim Richardson also spoke to the council, and she said she also agreed with Barton and this was the first council meeting she had attended.

"It's so sad, because people in this community are at poverty level or below poverty level and you're asking them to be able to come up with what $20 a month, or something like that? These children are receiving reduced or free lunches during the summertime because the parents can't make ends meet," said Richardson.

She stated she is in the healthcare field and just recently there was a man who couldn't afford his water and they helped him because he came in to take a shower due to a skin condition. She said it just wasn't right and like Barton said, it's just not the right time.

Janie Webb addressed the council and said she was really upset because she wasn't aware the city was working to get a trash service until trash cans appeared at her property.

"I called the city office and I was told, 'this was something we've implemented and we're going to charge for trash pickup and this is a way to have income coming in for roads and new water pipes,'" said Webb. "This is news to me, and I was told, 'well, surveys went out.' I didn't receive a survey."

Webb said she was told it was put in the printed newspaper and she said she hasn't gotten a printed newspaper in many years and she doesn't go on Shelby County Today very often.

Webb said she felt $20-$22 a month was steep and she described many people who would not be able to afford the rate for the trash pickup. Those who had trash pickup already, she said will now be forced to drop the current company.

"I feel like all of this was kind of underhanded and it's not right," said Webb. "We need to do things above board, and we need to come together as a community to fix these things, and not just say 'this is what's going to happen, and you've got to suck it up and deal with it.'"

The council reviewed the council meeting minutes of the May meeting and Steadman voiced his disagreement with the minutes because he stated if he had been aware the contract for Pineywoods Sanitation was contained in the proposal he would have never approved it.

"It's saying proposal right here, and that's what I thought it was saying, I never did go back no further," said Steadman.

Steadman made a motion not to approve the minutes, Bryan Adams moved to second Steadman's motion. Florance Adams then made a motion to accept the minutes as written and as corrected. Linda Vickery abstained from voting and Janice Barton abstained from voting. Mayor Jones then stated "three for and two nays, motion accepted and approved."

The council then discussed renewing the Employee Health Insurance for the 2022-2023 year with TML Health. Linda Vickery moved to renew the plan, and was seconded by Janice Barton and the motion carried.

Council then discussed Arnold Grounds Management Company's request for exemption from paying late fees. Amanda Treat-Brock, City Secretary, explained who the company represents.

"[They] are the new management company over the two sets of Barak Apartments," said Treat-Brock.

She then read aloud the letter submitted by the company, "Barak Apartments is a HUD approved complex, their rent is determined by the household income. Residents also receive what is called a utility allowance to help them pay their utilities, the amount is also based on the household income. This check is mailed to the office to be handed out to the resident and usually arrives at the office at or around the 10th of each month. I have found out that their water bill is due on the 10th of each month. I am requesting for late fees to be dismissed for our residents."

Durand Steadman then made the following motion, "I make the motion that we don't accept it, if we open the doors up, if we're going to exempt them from a late fee that means everybody else that gets a check on the 10th will have to exempt them too." Linda Vickery moved to second.

The council discussed revising the signature cards for all accounts with 1st National Bank of Hughes Springs, and Steadman suggested a third person be on the card and he nominated himself. A motion carried to add O'Neal Jones, Linda Vickery and Durand Steadman to the signature card and remove former mayor Michael Baker from the card.

Treat-Brock read aloud an email sent to the city from Seth C. Elmore and Fairchild, Price, Haley & Smith withdrawing as legal representative for the city. A motion was made to accept the letter by Steadman, and was seconded by Barton, and the motion carried. 

Bryan Adams requested changing the policy as to the forms of payment taken within the city office and he explained the request.

"If we was going with the trash service, then it was just going to be more paperwork in order for [Amanda] to do all of it at once I wanted to just start taking credit cards, money orders, and online payments instead of cash in the office," said Adams. "It would just be easier once you add all the trash and water together and everything."

Florance Adams pointed out not everyone has a checking account and Linda Vickery stated a lot of people don't have online access. 

"A lot of people still get their money on cards, that would put them getting their money out of the ATM and I don't know if they have to pay a fee for that or not," said Florance Adams. "They can pay with a debit card, but it charges a fee."

Treat-Brock confirmed it does charge an additional fee to use a card.

"It'll be better on Amanda, at the end of the day all she gotta do is add up the checks and add up the money orders, everything else is gonna automatically go into the account," said Steadman.

Treat-Brock let the council know that she is required to copy all checks and money orders submitted to the office for payment, which will then increase the paperwork in the office.

"The way we do it at church, everybody that pays with a check, we fill out our deal we list that check number on there and the amount of how much it is," said Steadman.

Florance Adams questioned about the government cards for some people who may not have a checking, or savings account, who will then have to pay an additional fee.

Mayor Jones questioned if ceasing to take cash would put a burden on some older people, and those who may not be able to fill out a money order, and those who don't trust using the internet.

Bryan Adams moved to accept the change (cease to accept cash payments at the city office), which was seconded by Steadman and the motion carried with three for and two against, effective August 1.

The council began discussing solid waste collection and disposal charges and Steadman stated he would like to see the contract so they could consider what to charge for the trash pickup.

Janice Barton moved to go into executive session which was seconded by Durand Steadman.

The meeting reconvened in open session without the presence of Steadman, and Barton moved to postpone the solid waste collection and disposal charges; however, garbage would still be picked up as scheduled, seconded by Linda Vickery and the motion carried.

The meeting adjourned.

During the June 27 meeting of the Tenaha City Council several residents of the area expressed their feelings the city is trying to force them to use the sanitation company the city chooses rather than one they currently have. 

Steadman disputed a difference of $11,000 from the city account and he demanded to know what those funds were used for as he didn't know of any such charge. In reviewing the financials back to April there was not an $11,000 difference in the financials beyond a gain of interest. An argument quickly ensued when mayor Jones said Steadman and Bryan Adams had previously motioned and seconded to approve the sanitation contract and they disputed that statement. 

The disagreement continued over the sanitation bid and contract with council members, the mayor and the audience which continued to be unruly and prevent the council from holding their meeting uninterrupted. After over 30 minutes of the audience arguing over sanitation, and Steadman and Bryan Adams continuing to dispute they approved a contract, mayor Jones mentioned his intent to close the meeting down and Steadman stated he could not do that, and mayor Jones requested someone motion for an adjournment.

Janice Barton requested the meeting return to the agenda.

After a time, Mayor Jones left the meeting and the meeting was then led by Florence Adams, mayor Pro-Tem.

Steadman disputed several items on the previous meeting minutes and he moved to not accept the previous meeting minutes. Linda Vickery then suggested making a motion to accept the minutes with the noted changes. Bryan Adams then seconded Steadman's original motion, and it failed. Florance Adams then said there was no action to be carried on the minutes and asked that Amanda Treat-Brock, City Secretary, make the necessary corrections.

A motion carried to accept the financial report for May.

Natalie Harris, a local resident, was on the agenda and addressed the council about the sanitation waste contract and a need for there to be an ordinance. 

The council decided to address the items of the meeting at a special called meeting, and voted to adjourn the meeting.

Agenda items approved during the July 5 meeting include
1. Renewing the Employee Health Insurance for the 2022- 2023 year with TML Health.
2. Deny Arnold Grounds Management Company request for exemption from paying late fees.
3. Revising the signature cards for all accounts with 1st National Bank of Hughes Springs O'Neal Jones, Linda Vickery and Durand Steadman.
4. Resignation of Seth C. Elmore and Fairchild, Price, Haley & Smith
5. Change the policy as to the form(s) of payment taken within the city office to no longer accept cash.
6. Enter executive session
7. Postpone the solid waste collection and disposal charges.
8. Adjourn. 

Agenda items tabled, postponed or no action taken during the meeting include:
1. Solid Waste Collection and Disposal charges. 
2. Solid Waste Collection and Disposal charges and services for Church Rate customers.