Highlights of the Fort Smith Board of Directors Meeting 12/1/22

The Fort Smith Board of Directors meeting held 12-1-22 with Directors Good and Dawson attending remotely kicked off with multiple zoning changes.

A zoning change for 5404 Planters Road to allow for construction of an office building and one to allow for duplexes to be built at 615 North 17th were both passed unanimously with no discussion.

A zoning change for 501, 505, 513, and 515 North 4th Street to allow for the Community Rescue Mission to build 3 duplexes passed unanimously. Directors Settle and Martin asked for clarification as to whether the duplexes would be transitional housing for the clients of the Mission’s homeless program or if they would be rentals. Heather Sanders, speaking for the Community Rescue Mission, clarified that they would be rentals. The tenants of the duplexes would all be paying rent and if there were not clients of the Mission who were interested in renting the units they would be opened up for rental to the general market.

The Board unanimously approved a zoning change for 5106 South 24th that would allow for Cityview Services to continue operating their window cleaning business on the property.

The Board unanimously approved a zoning change for 5115 Towson that would allow for construction of a mini-storage facility. Director Martin mentioned that the ordinance recently passed aimed at limiting mini-storages in commercial areas does not take effect until January 1st. Director Morton asked for clarification that the mini-storage would be on the back of the property and not have frontage on Towson. Planning Director Rice clarified that it would be behind the River Valley Inn Hotel (also owned by the person who wants to build the mini-storage) and that it would not have Towson street frontage. Morton said of the situation “This is what we want” with it being behind another business “not taking up valuable commercial space that fronts a major thoroughfare”. Director Martin asked if there were any concerns about drainage issues being caused by the planned project. Rice said that there were not.

Because the study session meeting scheduled for 11-29-22 that was to discuss the new needs requests portion of the 2023 Fort Smith Operating Budget was cancelled, the study session to have that discussion was scheduled for Monday 12-5-22. Since that study session is still upcoming, the vote on the 2023 budget was tabled from this meeting and added to the agenda to be voted on at the 12-13-22 meeting.

The Board voted unanimously to approve the 2023 meeting calendar.

The Board vote unanimously to eliminate holding Town Hall meetings as separate meetings held after the first regular meeting of the month and replace them with a Citizens Forum agenda item at the end of the first study session of the month. Director Rego mentioned that in the wording of the ordinance with the opportunity for citizens to speak on any non-agenda items being added as an agenda item they would only be allowed the 2 minutes to speak that citizen speakers on agenda items typically get. He motioned that the ordinance instead be amended to allow the Citizens Forum speakers to have 5 minutes to address the Board as they were allowed 5 minutes in the Town Hall format. That amendment was unanimously approved.

The Board voted unanimously to approve the five year capital improvement plans for Streets, Bridges, and Drainage and the 10 year water and wastewater capital improvement plans.

The Board unanimously approved recommendations from the City to be submitted to the State Legislature in the upcoming session.

These recommendations include amending Act 605 to exempt cities under federal consent decrees from the requirements of the act, to increase the water project spending 20% of utility revenue threshold that triggers a mandatory water rate study and possible increases to 50%, and modifying requirements to study water and wastewater issues.

Another recommendation is to change state law to permit red light and speed cameras.

Another recommendation is to refile the 2021 “Made Whole Bill” that would allow liability for medical or indemnity costs to be shifted to the party that caused the injury and would insist that the injured worker receive at least half of the net proceeds from a judgement or settlement.

Another recommendation is to relax the use of perpetual care funds when non-profit organizations assume the responsibility for failing cemeteries and permit counties and cities to help non-profit organizations with the upkeep of cemeteries. Or the alternative recommendation is to permit creation of city or county cemetery districts to assume responsibility for failing cemeteries.

Another recommendation is for a statewide ban on homeless encampments on private property.

Another recommendation is to allow cities to create zoning overlay districts that require all unimproved properties in that district to remove all underbrush and trees with trunks less than 3 inches in diameter.

Another recommendation is to allow cities rather than the state to set hotel/tourism tax rates.

Director Morton requested to see the final document to be sent to the legislators before it is sent. Administrator Geffken said he would send it to him.

Director Martin asked if anything was already filed in the legislature this session about Act 605. Geffken answered that nothing has been yet.

The issue on the agenda about whether to allow street closings on portions of South 8th, Belmont, and R.S. Boreham Jr. Streets to allow ABB to gate the streets for the safety of their employees was tabled and not voted on because ABB asked that the request be withdrawn.

The Board voted unanimously to renew the contract for legal services with Daily and Woods. Daily and Woods has provided legal services to the City since 1968 and has been the designated City Attorney since 1973. The contract allows for charges of $180 per hour for attorney services and $60 per hour for paralegal services (rates well below Daily & Woods’s standard billing rates).

Director Martin asked how many other law firms applied for consideration for the contract. Deputy Administrator Dingman answered that Daily & Woods was the only firm to do so.

The Board voted unanimously without discussion to accept a bid from $2,542,891.50 from Township Builders for 1.8 miles of street overlays.

The Board voted unanimously to accept a bid for $1,936,595.57 from Forsgren for 1.7 miles of street overlays on 5th and 8th Streets. Director Martin asked if the overlay on 5th would be durable enough to handle the truck traffic. Engineering Director Snodgrass responded that the existing street there was last resurfaced in 2001, so it has withstood for 22 years, and that 20 years is the standard expected lifespan for a resurfacing.

Director Martin suggested that it might be a good time to make 4th Street the truck route instead of 5th Street to avoid trucks going through a residential area. Geffken said that the ARDOT study being conducted currently is set to come out in 2023 with recommendations for solutions to truck route problems. Snodgrass added that there would be major improvements need to accommodate moving the truck route to 4th and called the proposed move “premature at this time”. Director Morton expressed agreement with Director Martin on the move saying “4th Street is heavily industrial”.

The Board voted unanimously to pay $300,000 to buy out the lease to be able to keep the Aljon Series 600 Landfill Compactor currently in use at the landfill.

Director Morton mentioned that when the City leased the compactor that the City was in a much harder situation financially and that they had to lease it (and other landfill equipment at the time) because they could not afford to purchase it outright. Now the City is in a better financial situation and can afford to buy instead of having to lease. He asked how many more equipment leases still remained at Solid Waste. Solid Waste Director Riley answered that this lease was the last one left.

In the Officials Forum section of the meeting, Director Catsavis expressed his desire to keep the Deer Trails Golf Course at Chaffee Crossing and for the FCRA to not be able to sell the land for other purposes. Geffken said that the area is zoned to only allow the property to be used for golf or baseball and that while the City cannot require a deed restriction on the property, if it were to be sold the zoning change request would have to go through Planning and a Board of Directors vote before it could be approved for any other use than golf or baseball. Director Settle agreed with Director Catsavis on the importance of retaining the golf course as an amenity, especially with the Foreign Military Sales Training program that will likely be coming to Fort Smith.

Director Morton mentioned hearing recently that Finland just bought 64 F35 jets and are on the list for possibly coming here for pilot training. Geffken said that the main decision on whether the program will be coming here should be announced in March (no later than April) with some environmental studies still to follow. Mayor McGill said that during a lunch this week with an ambassador from Singapore that the ambassador called Fort Smith “a magical place” and praised that it “feels safe and comfortable everywhere he traveled in Fort Smith, Arkansas”. McGill said “We’re gonna get that mission. We just need to be prepared.”