Malvern City Council

AGENDA MALVERN CITY COUNCIL Monday, December 12, 2022 Council Chambers, Malvern Police Facility, 6: 30 PM I. CALL MEETING TO ORDER II. INVOCATION III. ROLL CALL IV. APPROVE MINUTES OF THE PREVIOUS MEETING A. Regular Meeting - November 14, 2022 V. DEPARTMENT REPORTS A. Finance Report B. Street Department 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 Adopting 2022 Edition Civil Service Rules VII. NEW BUSINESS A. Reappoint Dottie Tarlton to Parks Committee B. Award Bid - Oak Ridge Cemetery Caretaker C. Resolution Amending 2022 Budget D. Approve 911 Contract with Hot Spring County E. Discuss 4. 5% Franchise Fee for Rockport F. Ordinance Setting Salaries Elected Officials Beginning Jan 1, 2023 G. Resolution Adopting 2023 City Budget H. Resolution Adopting 2023 Water/ Sewer Budget VIII. MAYOR REPORTS IX. ADJOURNMENT  MINUTES OF THE MALVERN CITY COUNCIL Monday, December 12, 2022 Council Chambers 6: 30 P. M. The Malvern City Council met for its regular monthly meeting on Monday, December 12, 2022, at 6: 30 in the new council chambers located in the city' s new police facility on North Main Street. Mayor Brenda Weldon called the meeting to order. Since this was the inaugural meeting of the new council chambers, a short ceremony was held to commemorate the occasion. The colors were presented by the city' s honor guard consisting of police officers Corporal Tristan Moore and Officer Josh Inglas, and firefighters Captain Eli Prell and Hoseman Zach Wacaster. Heather Dial Sanders, daughter of City Clerk/ Treasurer Dial sang the National Anthem, and Mayor Weldon led the pledge of allegiance. Rev. Hank Mitchell, pastor of Victory Praise and Worship led a congregational prayer dedicating the new facilities.Mayor Weldon recognized Warden Jared Byers and Deputy Warden Tasha Griffin of the Ouachita River Unit, Arkansas Department of Corrections and thanked them for their assistance to the city. She also pointed out the city seal hanging behind the dais in the new council chambers presented to the city by the Department of Corrections that was hand carved by an inmate. Mayor Weldon welcomed the council, employees, and visitors and asked Chaplain Glen Alston to lead the invocation. 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 Matthew Keenan, seconded by Council Member Mary Fraction to approve the minutes of the regular meeting held on November 14, 2022. 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 Lynn Davis, seconded by Council Member Peggy Lusinger, to accept the Departmental Reports as posted. 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 for its second reading by title only, an ordinance adopting the 2022 Edition of the Civil Services Rules and Regulations. City Attorney Ashcraft read the ordinance for its second reading by title only. The ordinance will be heard for the third and final reading at the January 2023 meeting. A motion was made by Alderman Keenan, seconded by Council Member Lusinger to reappoint Dottie Tarlton to an additional three-year term as the at- large member on the Parks Committee. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, motion carried. 1  MINUTES OF THE MALVERN CITY COUNCIL Monday, December 12, 2022 Council Chambers 6: 30 P. M. A motion was made by Alderman Cross, seconded by Alderman Reynolds to accept the low bid, and authorize the mayor to sign the contract with Enviro Services for maintenance of the Oak Ridge Cemetery. Mayor Weldon noted that Enviro was the holder of the current contract and that she and the citizenry were pleased with the scope of work performed at the cemetery. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, motion carried, and the bid was accepted. The next item to come before the Council was the contract with Hot Spring County for 91 1 services. A motion was made by Alderman Cross, seconded by Reynolds, to table the contract until after the 2022 figures for operation of the department were finalized and reviewed. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, motion carried and the vote on the contract was tabled. Council Member Lusinger introduced for its first reading an ordinance assessing a franchise fee for water users that reside in the City of Rockport. The City Attorney read the ordinance for its first reading. A motion was made by Council Member Davis, seconded by Alderman Keenan. to suspend the rules and place the ordinance on its second reading by title oniy. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, motion carried, and the City Attorney read the ordinance for its second reading by title only. A motion was made by Alderman Keenan, seconded by Alderman Fraction to suspend the rules, and place the ordinance on its third and final reading by title only. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, the motion carried, and the City Attorney read the ordinance for its third and final reading by title only. A motion was made by Council Member Fraction, seconded by Alderman Keenan to adopt the ordinance. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, motion carried, and the ordinance was adopted and assigned No. 2022- 09. A motion was made by Alderman Keenan, seconded by Council Member Davis, to adopt the emergency clause of the ordinance. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, motion carried, and the emergency clause was adopted. ORDINANCE NO. 2022-09 AN ORDINANCE ASSESSING A FRANCHISE FEE FOR WATER USERS AND DECLARING AN EMERGENCY Council Member Keenan introduced for its first reading an ordinance setting the salaries for elected officials for the term beginning January 1, 2023. The City Attorney read the ordinance for its first reading. A motion was made by Council Member Fraction, seconded by Council Member Davis, to suspend the rules and place the ordinance on its 2  MINUTES OF THE MALVERN CITY COUNCIL Monday, December 12, 2022 Council Chambers 6: 30 P. M. second reading by title only. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, motion carried, and the City Attorney read the ordinance for its second reading by title only. A motion was made by Alderman Keenan, seconded by Alderman Fraction to suspend the rules, and place the ordinance on its third and final reading by title only. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, the motion carried, and the City Attorney read the ordinance for its third and final reading by title only. A motion was made by Council Member Fraction, seconded by Alderman Keenan to adopt the ordinance. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, motion carried, and the ordinance was adopted and assigned No. 2022- 10. A motion was made by Council Member Davis, seconded by Alderman Keenan, to adopt the emergency clause of the ordinance. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, motion carried, and the emergency clause was adopted. ORDINANCE NO. 2022- 10 AN ORDINANCE SETTING THE INDNIDUAL SALARIES OF ELECTED OFFICIALS OF THE CITY OF MALVERN: AND DECLARING AN EMERGENCY Alderman Cross introduced a resolution adopting the 2023 budget for the City of Malvern, excluding the $ 90,000 payment to fund the city' s portion of the 91 1 system. City Attorney Ashcraft read the resolution. A motion was made by Alderman Keenan, seconded by Council Member Fraction, to adopt the resolution. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, motion carried motion carried, and the resolution was declared adopted and assigned No. 10- 2022. RESOLUTION NO. 1 a2oz2 A RESOLUTION PROVIDING FOR THE APPROPRIATION OF FUNDS FOR THE OPERATION OF THE CITY OF MALVERN, ARKANSAS PROVIDING FOR THE BUDGET FOR THE YEAR 2023 Council Member Davis introduced a resolution adopting the 2023 budget for the City of Malvern Water and Sewer Department. City Attorney Ashcraft read the resolution. A motion was made by Council Member Davis, seconded by Alderman Keenan, to adopt the resolution. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, motion carried motion carried, and the resolution was declared adopted and assigned No. 11- 2022. 3  MINUTES OF THE MALVERN CITY COUNCIL Monday, December 12, 2022 Council Chambers 6: 30 P. M. RESOLUTION NO. 11- 2022 A RESOLUTION PROVIDING FOR THE APPROPRIATION OF FUNDS FOR THE OPERATION OF THE CtTY OF MALVERN, ARKANSAS WATER AND SEWER DEPARTMENT PROVIDING FOR THE BUDGET FOR THE YEAR 2023 I Council Member Fraction introduced a resolution amending the 2022 city budget to appropriate additional moneys to the city's bond fund, county sales tax fund, and American Rescue Act fund. City Attorney Ashcraft read the resolution. A motion was made by Alderman Cross, seconded by Alderman Keenan, to adopt the resolution. Voting for the motion were Council Members Fraction, Wilson, Davis, Reynolds, Lusinger, Keenan, Cross and Stiles. All voting for, motion carried motion carried, and the resolution was declared ado P ted and assi 9 ned No. 12- 2022. RESOLUTION NO. 12- 2022 A RESOLUTION AMENDING THE RESOLUTION NO. 16- 2021 AND THE 2022 ADOPTED BUDGET FOR THE PURPOSE OF APPROPRIATING THE FUNDS RECEIVED FROM THE AMERICAN RESCUE ACT AND APPROPRIATING ADDITIONAL MONIES TO THE 2020 CAPITAL IMPROVEMENT BOND FUND There were no citizens wishing to appear before the Council. Mayor Weldon reported that the city entered a float in the Christmas parade and won 2 d place in the corporate division. She thanked her family, city employees and friends who worked on the float. Mayor Weldon announced that three of the city' s elected officials were retiring December 31, 2022, after long terms of service to the City. She recognized Council Member Mary Fraction, who has served as Alderman from Ward 1 since January 1, 1993. She also recognized Alderman Larry Stiles, who has served as Alderman from Ward 4 since December 7, 1987. She also recognized Clerk/ Treasurer Phyllis Dial who began working for the City on March 29, 1976 and has served as elected City Clerk and Clerk/ Treasurer since January 1, 1981. Mayor Weldon thanked each of these individuals for their service to the city and presented them with a plaque commemorating their term of service. Mayor Weldon announced that refreshments were available following adjournment. A motion was made by Council Member Davis, seconded by Alderman Reynolds, to adjourn. With no further business to come before the Council, the meeting was declared adjourned. Phyllis ' , City Clerk/ Treasurer Brenda J. eldon, Mayor 4 si it' .  BID SUMMARY The City of Malvern opened sealed bids on Monday, December 5, 2022 at 10 o' clock a.m. in the City Hall conference room for the maintenance and upkeep of the Oak Ridge Cemetery. Present for the opening were City Clerk/ Treasurer Phyllis Dial and Kim Taber, City Clerk/ Treasurer Elect. The Clerk/ Treasurer opened the bids beginning at 10: 08 a. m. One bid was submitted with the result as follows: Larry Tatum d/ b/ a Enviro Services 31, 092. 96 213 Glen Rose Road To be paid$ 2, 591. 08 per Malvern, AR 72104 month, invoiced on the I S` n of each month Liability Ins. Certificate& Workers Comp. Certificate to be presented at award of contract.  Ordinance 2021- 13 ORDINANCE ESTABLISHING AN OCCUPATIONAND PRANCHISE TAX TO BE CHARGED TO FIRMS OR CORPORATIONS ENGAGED IN THE BUSINESS OF D15TRIBUTING AND SELLING AT RETAIL, WATER WITHIN THE CORPORATE LIMITS OF THE TOWN OF itOCKPORT, ARKANSAS AND FOR OTHER PURPOSES. NOW THEREF RE (T IS ORDERED 6Y THE CITY COUNCIL OF THE CITY OF ROCKPORT, ARKANSAS: Section 1: Ordinance to require the payment of an annual/ franchise tax from ali persons, firms or corporatfons engagedCityIn the distribution consumers wlthin the of Rockport, and sel! ofwater to domestic, firms, and industrial Arkansas at a rate of 4. 25% of the gross sales tax price. Section 2: Al licenses under this Ordinance shail be commencing with this passage of this Ordiiessnance no oftenat than an annual percentage rate of 4.25°/a ofgross sales and shal be due and payable of quarterly. Section3: Al Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section4: It is necessarythat this ordinance shal become effective immediately for the protectlon ofthe publfc peace, health, and safety, therefore an emergency is herebyto exist and this Ordinance shaH take effective immediately upon its passage and approval. PASSED THIS o - j / Kevin Baker, J(^(r r'""" NJL- V X.% 7 elinda Crites, Clty Clerk f / Date Ordinance 2021- 12 Signed: 7  c y of, pot't 1472 Military Road Rockport, Arkansas 72104 SOl- 332-8700 SOl- 332- 7116( Fax) November 28, 2022 Malvern Water Works PO Box 638 Malvern, AR 72104 Re: Rockport Ordinance No.2021- 13 To Whom It May Concern, VVe are enclosing a signed copy ofOrdinance 2021- 13 for your records, indicating the one cent increase for the sales tax for The City ofRockport, commencing April 1, 2022. Ordinance 2021- 13 also indicates your utility company should continue to comply by distributing 4. 25 % of gross sales and shall be due and payable to The City ofRockport for no less than on a quarterly basis. Sincerely, 1. Kevin Baker, Mayor The City of Rockport Enclosure ri