Highlights of the Fort Smith Board of Directors Meeting 1/03/23

After swearing in re-elected members and newly elected member Christina Catsavis, the Fort Smith Board of Directors meeting began with a vote on a zoning change for 8200 McClure Drive that would allow for 12.63 undeveloped acres to be developed into a housing subdivision with 44 single family lots and an amenity center with a clubhouse and a pond with a fountain and outdoor pickleball courts. Director Martin asked about the amenities center and Planning Director Rice clarified that it would be for the exclusive use of residents of the subdivision. Director Morton inquired as to whether proper drainage to prevent flooding was considered with the steep slope down toward Massard. Rice assured that the drainage was considered and engineered for including a detention pond. The zoning measure was approved unanimously.

The Board voted unanimously to approve a zoning change for 10200 Chad Colley Boulevard for development of 92 single family lots, 44 detached lots, and 48 rowhouse lots that would allow for parking behind the rowhouses to improve the aesthetics of the neighborhood by not having cars parked out front. Each rowhouse will be 25 feet from the street at the front and have a garage, driveway, and rear access drive.

Directors Settle, Martin, and Morton all expressed concern about parking on the streets causing traffic to be obstructed in general (not just about this subdivision specifically, others including Fairway Hamlet were mentioned). Rice mentioned that signage could potentially be added or the developer could be encouraged to add parking rules to their restrictive covenant. Director Morton asked if no parking signs on one side of the street could be added and enforced. Rice answered that there are requirements and that they would need to check with the Streets Department. Director Martin mentioned that in coming up with a solution to the issue with parking on Fairway Hamlet that is slated for the January 24th meeting, a more universal solution to street parking may be reached.

The Board discussed requiring an annual permit costing $300 per year to sell kittens and puppies and establishing a $600 fine for selling puppies and kittens without the permit. The new permit requirement would also apply to holders of breeders licenses in addition to the costs and requirements of the breeders license. Current municipal code limits animal sales to only permanent locations that are properly zoned for animal sales.

Director Morton motioned to amend the ordinance to make the permit only good for 120 days instead of annually. He also expressed a desire to change it so that it would only affect dogs and to a lesser extent cats rather than also birds, fish, etc. and to make it focused on individuals rather than stores like PetSmart. He said of the requirements to only sell in permanent properly zoned locations “We have a rule on the books already. We need to enforce that.”. Administrator Geffken said that enforcement would be handled by citizens who spot pet sales calling the non-emergency police department number and the police coming out to make sure that sellers are following the law. Director Rego expressed his view that since selling pets out of your home is already illegal all the ordinance as worded would do is cause the removal of breeders licenses as they currently exist and add a permit fee to existing permanent pet shops that aren’t the real problem the ordinance is being proposed to deal with.

City Attorney Canfield mentioned that the ordinance’s language was possibly “over breadth” of what the Board was intending in that it also prohibits giving away an animal for free. It would prohibit giving a dog you can no longer care for to a neighbor who wants it. Director Morton suggested that that problem could be fixed by adding language allowing for “hardship” circumstances where a pet can’t be cared for or there is an unexpected pregnancy. Director Settle mentioned that as worded people could still go to extra territorial areas of the city (like everywhere where you can sell fireworks currently) and sell puppies. Director Morton said that while a few people might make that effort, the negative effects of backyard breeders still would be greatly reduced.

Director Martin brought up potentially excluding breeders with breeders licenses from the requirements and prohibitions. Director Good expressed concern about breeders still adding to the problem and said “whatever we do, the cost needs to be high. We need to be firm on whatever we do.” Director Martin mentioned hearing from an animal rescue worker in the audience that the shelters are full of breeder animals. Martin said that he was ok after all with still including breeders after hearing the input from the non-profit animal rescuers. Geffken mentioned that costs to deal with stray animals are at over $1 million per year since going to a no-kill program and expressed his desire for a “comprehensive spay and neuter” policy with “strong repercussions”.

Jonnie Rogers from the animal shelter said that they want to do away with backyard breeders. She encouraged keeping the language in the ordinance that would prohibit giving away animals for free because if someone cannot afford to buy an animal they cannot afford to maintain it properly, either. She advocated a strong spay and neuter policy to prevent unexpected litters.

Cindy Scott from the Artemis Project animal rescue suggested that the ordinance language could be changed so that it only excluded giveaways of young puppies, but allowed for giving away older dogs. She said that the rescues and shelters don’t have the ability to take in all of the unwanted dogs, so individual citizens helping rehome the dogs themselves is necessary and helpful. She also encouraged the Board to add a requirement to the permit for selling puppies that would require the puppies to be given age appropriate vaccinations before they could be sold. She mentioned a large amount of puppies that are surrendered to the shelter with parvo.

Director Settle motioned to table the issue until the first meeting in February to allow the administration to come back with an ordinance that is crafted to better address the concerns raised at this meeting. Jonnie Rogers asked the Board to not table the measure. She also expressed her view that the potential over breadth in the language would be still fine because the community would not call the police non-emergency number on the people with good intentions. Director Good said “We want to be proactive” and expressed a desire to pass an ordinance that would be fully formed and ready to enforce instead of passing one tonight and then changing it again soon. The Board voted unanimously to table the measure. The issue will return to the Board with a heavily revised version of the ordinance to be voted on at the first meeting in February. Director Good added that he wants the revised ordinance to specifically include wording about rescues so that shelters are specifically protected to conduct their work without new additional costs or hindrances.

The Board discussed a resolution regarding a new flag display for Riverfront Park. In 2020, the previous flags, a display including flags that have flown over Fort Smith in the past, including a Confederate flag, were removed due to being in bad condition. The decision was made to replace them with a different flag display instead but the poles have remained empty since as they have been the subject of controversy including legal action. The proposed new display for the Riverfront Park poles would include the US flag and six flags representing each branch of the US military. The resolution included language clarifying and specifying that the display is not intended to be a “historical monument” and that is a “temporary exhibit” subject to removal or replacement at the discretion of the City Administrator. This language was intended to give the City flexibility in the display of flags at the park while complying with Arkansas Act 1003 of 2021 concerning historical monuments.

Fort Smith resident and lawyer involved in litigation to put back up the previous display of historic flags including the Confederate flag, Joey McCutcheon spoke suggesting putting the previous display back up permanently at the Riverfront Park and putting the military branch display up permanently at Cisterna Park. He mentioned that State Legislature intends to vote on an amendment to Act 1003 of 2021 during the current legislative session that could result in the need to take the military down flags soon anyway. He also suggested that the elected City Directors should have the power to make the decision on the display rather than the City Administrator.

City Attorney Canfield said that even if the State legislature does pass an amendment to the Act, it would be ex post facto and would not be legally enforceable under the Constitution as far as a display installed now is concerned. The amendment could not undo what has already been done and approved judicially.

Director Rego said that he is “very very pleased” with “honoring the military” and that he doesn’t feel like the city will arrive in a position in months where the people will want to take these flags down.

Director Settle asked Geffken why the resolution gives the power to remove or replace the flags to the Administrator and not the Directors. Geffken answered that the intention was to deal with tattered flags, but agreed that the potential was there to put something else up without Board approval but that that was not something that was intended to be done. Director Settle expressed concern not for the near future or this Administrator or this Board but that once the resolution is passed it could be a problem in the future. Director Good said the issue “goes a bit beyond military flags, we all know that” but supported keeping the Administrator making the decision to “keep politics out”. He said “We need to keep politics out, keep rhetoric out, and need to move forward.” Director Martin said that with it being a “hot button” issue the Board needs to have control. Geffken added that if the Directors require Board approval for flags, they would need to require that approval for all 30 flag poles, not just the ones at the Riverfront Park. Director Morton supported requiring Board approval saying that “collective judgement of seven people is the best way to go”.

Director Settle suggested to take the “temporary” wording out and make the display officially “permanent” to eliminate future debate for future Boards. Canfield mentioned that if the display was “permanent” then it would have to submit to existing legislation for permanent displays, while the “temporary” wording allows the City flexibility.

Director Settle withdrew his motion saying that there are too many state level issues and instead motioned for an amendment to the resolution that any changes from a display of the military branch flags and current flag of the United States must be approved by the Board of Directors. The amendment passed unanimously. The resolution as amended, that would install a temporary exhibit of the flags of the military branches and the current US flag at the Riverfront Park and that any changes to the display there that would be anything other than those military branch and current US flags would require the approval of the Board of Directors, was passed with all but Director George Catsavis voting in favor of it (with Catsavis citing his desire to wait to see what happens at the State level).

The Board voted unanimously (with Martin not casting a vote as he was away from his seat briefly at the time the vote was held) to approve Drew Inthavong’s application to replace his current private club alcohol sales license for La Bodega Bar at 3720 Midland Blvd that he has allowed to remain inactive since being approved with a new one to be able to do business as The Goat House at 9501 Rogers Ave.

The Board voted unanimously to accept bids from APAC, River Valley Quarries, and Mid-Continent Concrete to allow for the purchase of aggregates, sand, concrete, and asphalt concrete material. Director Morton mentioned the dramatic increase in prices due to general inflation.

During the Officials Forum section of the meeting, Director Rego mentioned that construction at Mercy Hospital has shifted where employees have to park and that recently resulted in a pedestrian being injured by being hit by a vehicle while using the crosswalk. He said that Geffken is working with Mercy leaders to find and implement better ways to improve pedestrian safety during the construction.

Director Martin mentioned that with the cold weather recently there was an increase in calls about animals outdoors exposed to the elements. He said that while there is currently language in the municipal code pertaining to animals being tethered outside, the City needs to look at a way to “beef up” the code to deal with owners not taking care of animals properly.