Malvern City Council

AGENDA MALVERN CITY COUNCIL hiesday, October 12, 2021 Streamed live, 6: 30 PM I. CALL MEETING TO ORDER II. INVOCATION III. ROLL CALL IV. APPROVE MINUTES OF THE PREVIOUS MEETING A. Regular Meeting- September 13, 2021 V. DEPARTMENT REPORTS A. Finance Report B. Street Depax•tment Report C. Police Report D. Fire/ CEO Report E. Animal Control Report F. LifeNet Report G. Water Works Report VI. OLD BUSINESS A. Second reading- Ordinance Levying City Taxes for 2022 VII. NEW BUSINESS A. Approve One Year Extension of Contract with Republic Services B. Approve Extension of Water Service - Grigsby Ford Road VIII. MAYOR REPORTS IX. ADJOURNMENT  MINUTES OF THE MALVERN CITY COUNCIL Tuesday, October 12, 2021 Streamed From the City Hall 6: 30 P. M. The Malvern City Council met for its regular monthly meeting on Tuesday, October 12, 2021, at 6: 30 p. m. via Microsoft Teams and advertised as required by law, due to the Covid- 19 Pandemic of 2020. The meeting was available for viewing live on YouTube. The opportunities for attending the meeting had been advertised on the City' s website ( with link provided, the City' s Facebook page, and in the Malvern Daily Record. Mayor Brenda Weldon called the meeting to order. Council Member Mary Fraction led the invocation and pledge of allegiance. Answering the roll call were Council members Mary Fraction, William Wilson, Lynn Davis, Wayne Reynolds, Peggy Lusinger, Matthew Keenan, David Cross and Larry Stiles. Also present were City Clerk/ Treasurer Phyllis Dial and City Attorney Cecilia Ashcraft. A motion was made by Council Member Lynn Davis, seconded by Council Member Peggy Lusinger to approve the minutes of the regular meeting held on September 13, 2021. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, motion carried, and the minutes of the previous meeting were adopted. A motion was made by Council Member Mary Fraction, seconded by Council Member Matthew Keenan, to accept the Departmental Reports as posted. Alderman Cross asked Water Works Manager David Coston about the radio of water sold to water produced as noted on the monthly water report, and Coston noted that was a good thing. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, the reports were accepted. Under old business, Council Member Fraction introduced the ordinance levying city taxes for the year 2022 for its second reading by title only. The ordinance was read by the City Attorney for its second reading by title only. The ordinance will be heard for its third and final reading at the November 2021 City Councit meeting. 1  MINUTES OF THE MALVERN CITY COUNCIL Tuesday, October 12, 2021 Streamed From tne City Hall 6: 30 P. M. Under new business, a motion was made by Alderman Cross, seconded by Council Member Lusinger to grant a one- year extension to Republic Services for providing the city' s residential garbage collection. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, the motion carried, and the contract was extended for one year. A motion was made by Alderman Keenan, seconded by Council Member Lusinger to approve the extension of water service to a customer on Grigsby Ford Road. All proper paperwork has been signed, and there will be no additional cost to the city. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, motion carried, and the extension was approved. Mayor Weldon thanked the everyone for their support during the illness and passing of her husband. She stated that she has been in and out for the past few weeks but had returned to the office today. She told the Council that next week the final coat of overlay will begin on the street project, the police station project has begun, and the fire station is progressing. She told the Council that she will start meeting next week with Department Heads on their 2022 budgets and should have a proposed budget for the Council to look at by the November meeting. There being no further business, and upon a motion by Alderman Keenan, seconded by Alderman Stiles, the meeting was adjourned. r c, Phyllis Dial, City Clerk/ Treasurer Brenda J. Weldon, Ma r 2, i,. T .`, 2  I r^ y REPUBL 1C sFRv cFs September 7, 2021 Phyflis Dial City Clerk City of Malvern 305 Locust Malvern, AR 72104 Dear Phyllis: Please accept this letter as BFI Waste Services, LLC/ Repubiic Services of Little Rock' s notice of rate increase for the solid waste collection and disposal. Based on the Board' s approval on the extension of the contract, and our leaving the rate the same for the 2017- 2018 term, the increase will be 3% for the upcoming contract term, November 1, 2021 through October 31, 2022. The current rate of$ 11. 87 per unit wilt increase to$ 12. 23 per unit, on the anniversary date of November 1, 2021. The 3% franchise fee and taxes are based off this number and remain in effect. We appreciate the opportunity to be a partner with the City of Malvern and the confidence it has placed in our company. We will try to set a date soon to bring funch to the staff. s ,, Gerry Burke Manager, Municipal Services Cc: Kate Logan, General Manager, Republic Services I I  BILL OF ASSURANCES AND PETITION FOR ONE- TIME EXCEYTION KNOW ALL MEN QY T ESE PRESENTS; THAT WHEREA the sole owners of the following lands lyii b in the County o Hot Sprin , ate of Arkansas, hereinaftec called " Property" to- wit: Physical Address: lJ'( R 1 l " I it t See Exhibit" A" a ac ed hereto a ince rpora ed by reference as if stated word for word herein. R ClTALS WHER AS, Owner desires to receive water and/ or sewer service from the City of Malvem City) to Owner' s propercy located outside the City limits which may not be contiguous to the existing City limits. WHEREAS, tlie City is not required to extend water or sewer service to the Owner because the property is outside the present corporate boundaries of the City, and WHEREAS, the City has established a formal po( icy to support quality growth in the future as expcessed in Reso[ ution No. 540, adopted 1- 11- 99, which, in part, permits the extension of water and/ or sewer service outside the City limits under certain limited circumstances, and WHERGAS, the extension of water and/ or sewer service outside tl e City lirnits requires at a minimum the payme t of a special rate for these services, and may; al the City' s option, require an agreement that the Owner petition to a uiex ils property to the City ai a time deemed appropriate by the City, and WHCREAS, Owner recognizes the enl anced benefits his land will receive by havin City water and/ or sewer service, and WHEREAS, Owner now desires to freely bind himself and all future owners of lhe propeiTy by agreeing to vo[ untarily petition the City for annexation at such future time as the City deems approp• iate thereby waivin any right for the Owner to avail himself of the referendum voting procedure foc annexation as provided by Arkansas law. NOW, THEREFOR, the Owner, for and in consideration of the City benefits which accrue to it, its uccessors and assigns, which benefit is acknowledged to be of value, hereby covenants with the City of Malvern, Arkansas as follows: l. Owner acknowledges thal a future annexation of the appraised property to the City of Ma(vec•n is a benefit inuring to the Owner and all future Owners of said property as evidenced by the receipt of City services, particularly water and/ or sewer sei vice. The Owner furtlier acknowledges that the City has no obligation io provide water or sewer  service to non- resident consumers and chooses not to extend them except under certain limited circumstances which further the City' s annexation growth plan as evidenced in Resolution No. 540. Thecefoce, Owner binds himself and any successors and assigns to voluntarily sign any petition for aniiexation when requested to do so by the City of Malvern. 2. This agreement to petition to annex is a covenant running with the land and it will remain ii1 full force and effect until property is annexed or until it is released by a Resolution of the City of Malvern City Council. Gxecuted this day of 20. wner, - ,. - R Ow , ACKNOWLEDGMENT State of Arkansas County of Hot Spring On this day, personally appeared before n , • known to me to be the pecsons whose names are subscribed to the instrumeiit-wi in and acknowledged that they executed the same for the purposes therein contaiiied, W itness my hand and official seal this da of 20. C rn nn s l wuzv e Notary Public My Commission Expires:• a p r, F. dES l: t ow;: w''•.:+ . . . •:, 9 E5 i1 3 2023 yK'' ^ • t_ .. . Ki'` • icl:.; i 1O WIIIy C s: wr.E50AH 5 y:{l:d'< s( Y 19.394 20. 2023 1 .. Cy` ... ..... i'.1. 13C01Jn y i: m, s I