Highlights of the Fort Smith Board of Directors Meeting 11/10/22
The Fort Smith Board of Directors meeting held 11-10-22 was led by Vice-mayor Rego in the absence of Mayor McGill, Director Dawson, and Administrator Geffken, and with Director Morton attending remotely.
The Board was presented paper copies of the proposed 2023 City Operating Budget. The budget hearing will be held in an all day meeting Friday, November 18,2022.
The Board then reviewed the proposed calendar for Board of Directors meetings for 2023. Director Rego noted that the Ward 1 meeting needs to be scheduled and City Clerk Gard said that it would be.
Director Settle called for future discussion on ways to improve the ward meetings. He suggested that on Ward Meeting night, each director go with a department head to a different location in that Ward like a block party. Director martin agreed that there should be “less of people coming to us, more of us coming to people” and suggested that Martin Luther King Park is often busy and would be a good location for what Director Settle suggested in Ward 2.
The Board discussed potential changes to the Town Hall meetings. The issue was originally discussed at a recent meeting but tabled so that it could be moved to a study session for further discussion. Currently, Town Hall meetings where citizens have 5 minutes to address the Board on any topic not on the meeting agenda are held immediately following the adjournment of the first regular meeting of the month. Director Martin expressed concern about citizens having to wait through long meetings, lately up to 2 1/2 hours long, to speak at the Town Hall and said letting them be heard first is “something to consider”. Director Settle suggested moving the Town Hall to after the first study session meeting of the month instead of after the first regular meeting of the month to “keep the business meeting business”. Director Martin mentioned that keeping the Town Hall after instead of moving it to before a meeting would enable people who arrive a few minutes late to the meeting to still participate in the Town Hall. Director Good agreed that the some of the meetings have been long lately but voiced his support for keeping the Town Hall after the meeting rather than before because it enables people who work days to attend when they may not get off in time to participate at 6. He mentioned his own struggle to get off and from work to the meeting to start at 6. Director Morton mentioned that study session meetings are typically shorter and voiced his support for holding the Town Hall at the end of the study session.
Director Rego expressed a desire to create maximum flexibility for the Town Halls and a desire to have the ability to move the Town Hall to the beginning of the meeting if the Board wanted to (like if a lot of people showed up to speak). Gard clarified that currently, the Town Halls are categorized as a separate meeting so they cannot be shifted to the beginning instead of their scheduled time, but if they were instead a Citizens Forum agenda item on the meeting agenda they could be moved on the agenda at the pleasure of the Board. Director Catsavis said “Let’s do it”. Director Good agreed. Director Martin expressed concern about making sure that citizens are not too confused about when the Town Hall/Citizens Forum would be. Director Settle said that it could just be scheduled on the agenda for the end of the meeting and “99% of the time” would stay there and it would be a rare occasion that it would be moved.
The Board agreed to instead of having separate Town Hall meetings after the adjournment of the first regular Board meeting of the month, have a Citizens Forum agenda item at the end of the first study session meeting of the month. The change will be voted on at the December 1st meeting and if approved will start in January.
The biggest discussion of the night was about stray animal issues. An animal ordinance that would require pet licensing was adopted previously but due to issues with Docupet, the private company that was going to handle the licensing, that ordinance was never actually implemented and enforced.
Director Morton suggested that anyone who sells puppies in the city be required to have a permit at a cost of $300 per litter and there be a fine of $600 per litter for anyone selling puppies without a permit and fines would increase with multiple violations. He also said Fort Smith has “reached a point as a city we absolutely need a spay/neuter and chip requirement”. He called for a voucher program to help residents afford to meet the spay and neuter requirements and said that the “city needs to step up and put money into that”. He also expressed support for fines for animals picked up by animal control that are not spayed/neutered and/or chipped. He said that it doesn’t matter if a house pet that never gets out is altered and chipped or not because it isn’t out on the street. The ones out on the street are the problem. He mentioned that Texarkana recently passed a mandatory spay/neuter law and said "the City of Fort Smith is at a point we need to do that as well”.
Director Good agreed with Director Morton on mandatory spay/neuter. He said that the heart of the problem with strays is irresponsible pet owners. He suggested that the Board should “repeal what we have on the books instead of trying to tweak with and improve it”.
Director Martin reminded that Docupet was the big challenge with the existing ordinance. Director Morton agreed saying that Docupet wanted was easy for them to administer and make money on but that we want what is good for the city. He said that licensing creates too many records to keep up with. He agreed that we should repeal the existing ordinance saying that the directors and others worked hard on crafting it but without Docupet without enormous cost it ruined the whole process. He said it was a “half-way measure with the license” and we “need to go all the way with a spay/neuter, chip requirement”. Director Martin asked if we could just tweak the existing ordinance to keep all the good stuff that is in it already. Morton said that the spay/neuter requirement is not in it. Director Martin spoke in favor of strong penalties and praised the system of strong penalties included in the existing ordinance, that the penalties for non-compliance would work as an deterrent without the need for a spay/neuter rule itself. Director Morton responded that irresponsible pet owners would instead of paying the $150 fee to pick up their unchipped unaltered animal would just leave it abandoned at the shelter.
Director Martin pointed out the $500 per year breeder license required for breeders in the existing ordinance. Director Morton said that it needed to be $300 per litter not annual and needed to cover individuals selling puppies, not just breeders, and needed the $600 fines to enforce it. Director Settle mentioned needing to include a way to outlaw “giving away free puppies with donation” as a way to skirt the selling of puppies, too.
Director Catsavis asked representatives from Fort Smith Animal Haven (FSAH) animal shelter how many animals are currently at the shelter. They answered around 200. Catsavis asked the capacity of the shelter. They answered 240. They said that the foster program has improved with more people sheltering animals in their homes. They said cruelty cases over the summer overran the shelter because they had to keep those 32 animals an average of 56 days until the court date. Director Catsavis asked about animals being housed outside. FSAH responded that when necessary some are not in a climate controlled building and are outside in igloo doghouses. During the summer heat the dogs have fans and are sprayed with water. FSAH said they "are safer under the awning than on the street”. They are going to cover the area with canvas and will install electric heaters for winter.
Catsavis mentioned the recent increase in funding for the city contract with FSAH and asked where the money went. FSAH answered that it was “used for operations” including pay raises for employees. They said that they have spent $100,000 more since 2019 than collected from the city for animal services. Catsavis asked if they have taken in less animals in 2022 and if they have transported less animals in 2022. FSAH answered that they would need to have their numbers on hand and were not prepared to answer those questions. Catsavis asked if they take donations and where they go. FSAH answered that they do and that there is a capital account for building a new shelter, an Arvest account for monthly donations, and a savings account and an operating account at Armstrong and they will soon add another account at Regions,too. Catsavis asked why multiple banks. FSAH responded that it is to spread their support around to supporters. Catsavis asked about the recent EEOC complaint that FSAH has received. FSAH said the complainant is now suing and FSAH’s insurance is handling coverage of the claim.
Nancy Pollen of Friends of Kitties and Kanines spoke of the organization’s providing support for the low cost spay and neuter clinic, dog and cat pantry, and pet wellness clinic. She said that main reason she hears for people not spaying and neutering is cost. The Kitties and Kanines clinic opened in 2009 and was the first of its kind in Arkansas. In that 12 years they have done 80,000 sterilization surgeries, including 6200 this year so far. She said most of the clients would not have been able to get vet care without vouchers. She stated “spay/neuter is the strongest weapon in the war” against the stray problem.
Gayvonne Hoover of Friends of Kitties and Kanines said that according to Maddie’s Fund that they have partnered with for over 10 years “spay/neuter does work”. She agreed that there are many people in need and who cannot afford vet care and encouraged the city to offer as many vouchers as possible.
Director Martin asked about the availability of grant money. Hoover said that they try to write as many grant applications as possible. The largest they have received so far was one for $120,000 from Petsmart Charities. Hoover clarified that it costs $150 per animal for sterilization, vaccination, and preventative meds. She said that it is less expensive to provide a voucher for that vet care than to keep an animal at the shelter. Director Catsavis called $150 “cheap, cheap, cheap”. Director Settle supported city funding for vouchers in the upcoming budget and budgeted for on a yearly basis. He said he’d “rather the city spend the dollars to have 1000 animals spayed on a yearly basis than pay to have 1000 animals sheltered”. Hoover said of Friends of Kitties and Kanines “we are not proposing a spay/neuter ordinance. Just vouchers at this time. We don’t think we need spay/neuter”. Hoover recommended an expert consultant from Maddie’s Fund and the University of Florida Veterinary School who could be brought in to consult on the situation here and help find solutions.
Director Martin asked about the need for a temporary increase in animal enforcement to cover the early stages of whatever program is implemented. Director Morton said he thought it would need one more animal control officer.
Mitzi Burkhart from 3 Girls Animal rescue spoke. Even though that shelter is in Poteau, they receive 15-20 requests for help per day from Fort Smith. She said “over 98% of animals in shelters are unaltered”. She said that if they built a “bigger shelter tomorrow, it would be full in a month”. She called the problem a “bottomless pit until you do spay and neuter” saying “you cannot adopt or transport your way out of this mess.” She suggested a requirement that if an unaltered animal is picked up by animal control that it must be altered. She suggested no licensing fees be required to own altered animals, just a rabies vaccination. She said that eventually licensing and fines will pay for enforcement, sheltering, and vouchers, if done properly. She asked for the Board to set a deadline for having a law and enforcement in place.
Director Martin reminded that June 30th was the deadline set in the Strategic Plan to have an ordinance to deal with the animal problem. Director Rego expressed his support for a mandatory spay/neuter ordinance but expressed concerns about enforcement and having the manpower to make that a priority. Director Catsavis said “we’ve been discussing this for years. I want something done now. I don’t want to wait till June.” He requested that the Administrator Geffken present the Board with a voucher plan for low income residents for spay/neutering within a week or two. Director Martin reminded that the 2023 budget all-day meeting is scheduled for next Friday and suggested that the ordinance already on the books is ready to be enforced. Deputy Administrator Dingman reminded that they are not set up to do licensing. Director Rego advocated for starting fresh saying it is “best to start with a clean sheet of paper”. Director Morton agreed, saying we need to go with something simpler and more concrete. Director Martin said he was “OK with a blank sheet”. Director Morton proposed an item be added to the agenda for the 1st meeting in January with a new rule requiring a $300 permit to sell puppies and a $600 penalty for selling puppies without the permit. Director Catsavis said “vouchers right now is immediate results” and “spay and neuter with vouchers is a top priority”. Director Martin stated that they should say how much money they want budgeted for the vouchers at the Friday budget meeting. Director Settle added that he would like to see the cost to bring in the expert from Maddie’s Fund recommended by Hoover. Director Rego agreed on bringing in the expert.
Director Catsavis motioned that an item be placed on the 12-1-22 meeting agenda to place a deed restriction on the Deer Trails Golf Course at Chaffee Crossing that is owned by the City. He expressed a desire to make it so that the course would revert to the City so that the Fort Chaffee Redevelopment Authority (FCRA) could not divide the land and sell it for other purposes like building houses. He called the golf course property “more beneficial to us than to be chopped and sold”. Dingman said that “a lot of things would need to happen” to do that and said that the FCRA owns the course right now. Director Morton reminded that the land is zoned recreational so there would need to be a zoning change approved by the Fort Smith Board of Directors before anyone could use the land for anything else (like building houses). Settle suggested having the Administrator start the process to get the FCRA to donate the land to the City of Fort Smith. Director Rego said “at most what we would contemplate is a study session”. Director Catsavis motioned to have the issue added to a study session. It will be added to a future study session agenda.
