Highlights of the Fort Smith Board of Directors Meeting 11/16/21

At the Fort Smith Board of Directors meeting held 11-16-21 they voted on a zoning change to allow for a property on Brooken Hill that was formerly a part of the Fianna Hills Golf Course to be developed into a commercial development. The main concern expressed was with the part of the plan that would involve a median cut. Pete Charlton, a long time Fianna Hills resident, spoke out against the median cut citing concern about traffic accidents. Directors Settle and Morton also voiced concerns about the traffic safety related to the median cut. Planning Director Maggie Rice confirmed that at a neighborhood meeting held about the zoning change that the median cut issue had been raised and that the developer had also submitted a plan that did not include the cut to address those concerns and it was also approved by planning. Director Settle motioned to amend the change to not include the median cut. The Board unanimously approved the amended version of the plan with no median cut .

The Board voted unanimously to refer the issue of the renewal of the 1/4% sales tax the income from which is divided evenly between the Fire Department and Parks Department that is set to expire 9-30-22 to the voters in an election to be held 2-8-2022. In response to a request for clarification from Director Morton, Administrator Geffken clarified that this would not be a new tax, but a continuation of an existing one and that the money collected from the tax goes into funds for the Fire Department and Parks that are separate from the General Fund. Speaking in support of the tax, Director Rego encouraged voters to visit the Parks Department website to see all that has been done with the 10 years of the tax collected already.

The Board also voted in reference to renewal of another 3/4% sales tax, the income from which is currently is divided between Police and Fire and Consent Decree Sewer Work. The Consent Decree Sewer portion of the tax revenue has been being used to pay off bonds that were approved by the voters nearly 2 decades ago. Currently, those bonds are estimated to be paid off between July 1 and September 30, 2022. From there on out, it is the plan that the city could start paying as they go for Consent Decree repairs. Director Settle pointed out that paying as they go saves 20-30 percent in interest versus bonds.

Director Morton proposed amending the measure to change it so that the 1/8 that is being shared between police and fire be instead solely for the Police Department and the 5/8 be specifically dedicated to Consent Decree sewer work only. The Board voted unanimously to amend the ordinance.

Director Morton asked Utilities Director McAvoy to confirm that all of the money from the previously issued bonds has already been obligated and that the city will soon be out of budget planned for consent decree projects. McAvoy agreed that except for money that we are waiting on from FEMA to reimburse for things related to the 2019 flood, that is the case. Director Rego drew attention to language in the ordinance that explicitly includes a multi-year freeze on sewer rate increases if the tax renewal is passed.

Director Settle made a motion to amend the ordinance to extend the tax for only 10 years rather than 20 years. Director Dawson received confirmation from McAvoy that we’ve spent $300 million so far on Consent Decree work and have an estimated $600 million still to go. Administrator Geffken also confirmed at the current rates, the tax could be estimated to take in $150 million over a 10 year term and $300 million over a 20 year term. Director Settle expressed his opinion that the shorter term would hold the current board more accountable and would be a more “transparent way of selling this to the public”. Director Morton expressed his opinion that with an estimated 16-19 years at least still ahead of us to complete the Consent Decree work we would “need 20 years worth of money for completing the consent decree”. Director Martin expressed feeling more comfortable with 10 years because 10 years allows for better checking in on the progress.

The Board voted to refer the tax renewal issue in the 10 year term 1/8 to Police and 5/8 to Consent Decree Sewer work version to the voters at the 2-8-22 election. Director Morton spoke in support of the tax that it would prevent the need for raising sewer rates and said that he hears worries from citizens, especially retired ones, about potential rate increases. Director Rego expressed his support for the tax and his hopes that voters vote for it.

The Board voted unanimously to approve the leasing of downtown parking spots on North 2nd near the former Park at West End and near the Convention Center to Francis Energy to allow them to install electric vehicle quick chargers that will allow electric vehicles to charge in about 30 minutes or less. Director Settle asked Transit Director Savage about the choice to locate the chargers near the Park at West End instead of in the nearby parking lot at 2nd and Garrison. Savage mentioned the electricity being easier to run at the chosen location and Geffken mentioned that the Farmer’s Market also might hinder access to the chargers when the market is open. Geffken reassured Director Morton’s concern that there be language specifically in the lease agreement to protect the city and free us from the lease in the event that Francis cannot or will not do as they agree (like if they go bankrupt, that we could have our spots back and/or find another provider).Director Martin expressed enthusiasm and that he wants to see more chargers including ones located in other areas of the city including Rogers Avenue. Geffken confirmed that that is a plan that is on the radar and that these first ones will be a good proof of use and help us learn and plan for potential future installations.

The Board approved the re-appointments of Robyn Dawson, George Moschner, and Deana Infield to the Audit Advisory Committee and approved the appointment of former Mayor Sandy Sanders to the Parks and Recreation Committee.