Highlights of the Fort Smith Board of Directors Meeting 3/1/22

The Fort Smith Board of Directors meeting held 3-1-22 (with Director Dawson in attendance remotely) kicked off with discussion that was not included on the agenda. Director Catsavis, in response to concerns expressed to him by a citizen, asked Utilities Director McAvoy about water bill due dates. He asked how long the customer has between the due date and the date the bill is sent. McAvoy clarified that by ordinance there is 20 days but in practice the City actually gives the customers 22 days before the bill is considered late to allow additional time for mail delays. Catsavis asked if it goes by the postmark stamp or the day it’s actually received. McAvoy answered that it’s the day it is received and that every payment is processed the day it arrives. Administrator Geffken added that the City is able to process checks the same day as they arrive because the bulk of payments are done via credit card leaving a smaller percentage of paper checks arriving in the mail. McAvoy said that he would check into the situation with the customer’s bill and any issues that may have been caused by the ice storm and will rescind the late fee for bills that were made late by the ice closing city offices.

The meeting was full of zoning changes. Changes for 8700 Massard to allow for a 36.27 acre undeveloped lot to be developed into a mixed use development of mostly multi-family residential and some commercial buildings, for 7020 Mahogany Avenue to allow for an existing building to become a tattoo shop, and for 404 Bell Avenue to allow for the sale of an existing single family house all passed unanimously with little discussion.

A zoning change for 110 May Avenue to allow for a house that is currently next door at 108 May Avenue to be relocated to the empty parking lot at 110 May sparked a little conversation. Planning Director Rice explained the situation that two houses on May are being moved in anticipation of the area near where Bedford’s Camera and Video was located needing more parking when it is converted into a medical clinic soon. Rather than tear down the historic houses, they are being moved to preserve them. The zoning change was unanimously approved.

The applicant for the zoning change for 5300 Heather Ridge Street that would allow for 43 undeveloped acres to be developed into the Treetops of Fort Smith housing development made up of a mix of single family dwellings, duplexes, row houses, and multi-family apartments requested that instead of voting on the change at the meeting the issue be tabled until the 4-5-22 meeting to allow for the further investigation of the traffic situation in the neighborhood including a traffic impact analysis. Director Morton expressed concerns about drainage at the location saying problems with drainage in such a steep area “won’t be this Board’s problem, but 10 years down the road…”. He called drainage issues the “most unsolvable problem” he’s faced on the Board. He urged the developer to look carefully at the detention pond and the cascading roofs from the steep area. The Board voted unanimously to table the issue until the 3-5-22 meeting.

The Board voted unanimously to approve the new Ward lines redrawn as a result of the 2020 Census.

The Board was presented with a resolution of intent to create a Sales Tax Advisory Committee to watch and report on the money coming in and being spent from the sales tax renewals on the 5-24-22 ballot if the voters pass the renewals. Director Settle asked to have the matter sent to an unusually interactive format study session where the public could be involved and give feedback saying the “more public input, the better it is”.

Fort Smith resident Joey McCutcheon speaking on behalf of Citizens Against Unfair Taxation agreed that a study session sounded good. He expressed concern that the Resolution of Intent as presented would allow for the details on the committee to not be finalized until 6-21-22, after the election. He expressed his opinion that it is important to firm up details now, not a week before the election or after the election.

Administrator Geffken explained that the Resolution was written with giving it that long to give the Board greater flexibility but that it can absolutely be done well before that date. Geffken also clarified that though they could not by law be included on the ballot itself, the details on the sewer rate freeze and increase cap were already firmed up in the ordinance that had already been passed by the Board last week authorizing the tax renewals that will go to the ballot. So the Board is already bound by that ordinance (if the renewals pass) to enact a 3 year sewer rate freeze and a 3.5% cap on increases in the remaining years the tax is in effect. The Board voted unanimously to have a study session to gather public input on the Sales Tax Committee and to at the 3-5-22 meeting establish the committee.

Utilities Director McAvoy spoke that the policy change for billing adjustments as a result of water leaks presented for the Board’s approval was based on the notes from the Study Session on the issue. The new policy will allow both water and sewer volumes to be adjusted down to the customer’s average usage in the 3 months prior to the leak and adjustments can be made to up to 3 consecutive months’ bills. There is a limit of 2 leak adjustments per 12 month period. Director Catsavis asked when the new policy would take effect. McAvoy answered that it would begin immediately. Director Morton asked about some of the other water bill adjustment policy changes that had been presented at the study session and if those would be also enacted. McAvoy clarified that those items including the Unexplained High Bill adjustment, meter change out adjustment, and pool filling adjustment form would be included in the Standard Operating Procedure that would be back in front of the Board at another study session and for approval at another meeting. They were just not included with this meeting’s issue to help eliminate needing multiple drafts and causing confusion. The Board voted unanimously to approve the new leak billing adjustment policy.

The Board voted unanimously to stop allowing Service Line Warranties of America to use the official city logo on their advertising materials. Director Good mentioned that he felt that the logo on the mailings helped catch people’s eye and make them pay attention to the insurance being advertised. Director Morton suggested that residents in areas where the city will be conducting smoke tests in the next 12 months be given notice so that they might consider purchasing insurance to avoid being stuck with an expensive repair bill if they are required to fix their line. He suggested mailing the notice with the water bills. Director Settle spoke of citizens who have said the use of the logo confused them and said that not offering the logo to SLW could help open up competition from other warranty companies that could drive the price of coverage down. He expressed his opinion that the city should never be involved with its logo helping a private company. The Board voted unanimously to stop allowing the use of the logo.