Highlights of the Fort Smith Board of Directors Meeting 3/29/22
The Fort Smith Board of Directors study session meeting held 3-29-22 started with discussion of penalties for non-compliance with the entertainment district rules like using proper pre-approved cups and wristbands. Director Martin asked if there had been any instances yet where the police had had complaints and had to issue fines or talk with businesses about violations. Police Captain Parkinson responded that the police had had no official complaints.
Director Settle asked about the fines according to the city ordinance being able to be up to $1000 for the first offense, up to $2000 for the second offense, and up to $4000 for subsequent offenses. City Prosecutor Sam Terry clarified that while the fines could go up to those maximum amounts, the City Prosecutors set fine rates that are in reality likely to be far lower, like an individual who was fined would likely be facing a first time penalty more like a $100 fine plus $65 court costs and that businesses would face higher penalty costs than individuals. Terry also clarified for Settle that if at one event hundreds of people were caught coming outside with alcohol from a business without proper cups and wristbands while a business could be cited for each violation, rather than issuing hundred of individual violations to the business the business would be probably be cited just once for the whole event.
Director Catsavis asked if the enforcement of the entertainment district rules is complaint driven or if officers are stationed in entertainment districts actively looking for violations. Parkinson answered that often, especially during special events, there is already a police presence in the district, but that they are not necessarily there to watch for entertainment district rule violations specifically but could take action if they did see some while they were there. He also clarified that violations of entertainment district rules would result in a citation to appear in court. No physical arrest would be made, more like a traffic ticket, no handcuffs and being taken to jail.
Stating that he wants to see all of the entertainment districts thrive and doesn’t want a trouble maker business to hurt that, Director Settle asked if there was anything that could be done about businesses that stack up multiple violations, like if the City could revoke the business license of repeat violators. Administrator Geffken responded that there is a process in which business licenses can be revoked for alcohol businesses that have frequent problems with the law. He mentioned that though it has not been issue as far as entertainment district violations go, not too long ago a bar on 10th street had multiple law violations. The City worked in conjunction with the ABC and the bar’s business license was revoked. Deputy Administrator Dingman mentioned and Captain Parkinson confirmed that the ABC is notified by the FSPD every time the police give a citation related to alcohol, so if an alcohol selling business is a source of a continuous problem, it will show up to the ABC,too, and could be at risk for losing their license to sell alcohol. Director Settle asked if there had been any entertainment district related problems during the recent Downtown Pub Crawl. Parkinson said there had been no problems. It was also pointed out that the entertainment districts had been in place for the Steel Horse Rally and there were no problems with it,either.
The Future Fort Smith Committee offered a review of their top priorities and the city’s progress towards Future Fort Smith and Comprehensive Plan goals. Future Fort Smith Committee Chair John Cooley spoke. He said that this year the committee changed from having only 4 meetings a year to having 6 and that it is an improvement. He said that this year they plan to standardize the format for the annual report that each city department submits to the committee about their plans for the year, completed items, and top priorities. He called the new Granicus website and communications platform being built a “huge step forward”. He praised our city’s progress in general comparing it to the recent success of the Razorback Basketball team “start having some success, more people want to be around you”. He expressed support from the committee for the renewal of the sales taxes up for a vote on May 24 and that he wanted to work to inform the public about where the money goes and the possible impact of not passing the renewals. He mentioned that the police department is currently understaffed and pointed out that quality of police and fire departments is a factor in economic development when businesses are choosing where to locate. He highlighted the Peak Innovation Center opening yesterday as a positive step in expanded educational opportunities. Other top priorities of the committee mentioned were homelessness, infrastructure, accessibility (including sidewalks and walkability), beautification, and housing.
Director Good asked about recent meetings that were held with ARDOT, one concerning alternatives to Garrison being a truck route, and the other about the Highway I-49 bridge. Geffken said that ARDOT is working on both and also mentioned the abundance of road work the State has planned for our city soon. Director Good mentioned that the impact of road projects on the Northside is also vitally important not just the river front and the plans need to consider “not just traffic” but also “think about the aesthetics”. Director Martin suggested that it might be beneficial to have a study session with ARDOT. In reference to the ARDOT road projects, Mayor McGill said “Things are happening in a big way”.
Director Settle mentioned that in discussion with a realtor he knows it was discussed that the realtor was showing homes to a lot of people from other states all over and that we’re seeing growth from far away. He said that as things get worse with costs of living on the coasts Fort Smith is in “prime position” to grow from that migration inward. Director Rego pointed out that in the most recent census Sebastian County grew 1/2 percent in population.
Director Settle asked about the Future Fort Smith Comprehensive Plan being 7 years old and whether with all the growth the city has been experiencing, and especially with the growth it expects to have soon with the guard base and medical school growth, if we might need a new plan. Cooley said that the existing plan is not outdated. He said that in a few years, it might be necessary to update the narrative and statistics part at the front section of the plan to reflect progress, but overall the plan was written broadly enough to stay relevant.
Speaking of noticing some “blight” and “a little bit of neglect” especially in some locations on the Northside, Director Good asked if the Future Fort Smith Committee had had any discussion with Neighborhood Services about possible ways the city could streamline the processes related to property maintenance issues. Cooley responded that they haven’t but “would love to”. He mentioned possibly reviving the Orchid Award as a low cost way to encourage high standards for property appearances. Mayor McGill said that the award still exists, but that it may need to be publicized better.
Geffken mentioned that Neighborhood Services currently doesn’t patrol and look for issues, but rather only responds to complaints. He mentioned that there is possibility of changing that to a more active approach overall or even having just transportation corridors switched to more active monitoring and leaving some other areas as complaint response only or that maybe more warnings could be issued more pro-actively before the official notification process begins. Director Good expressed that he doesn’t “want to overpolice” but that mattresses and couches can be seen piling up. Director Morton expressed a preference for actively monitoring and not passively waiting for complaints. He expressed an interest in something that could be done with ordinances to streamline the process and make Neighborhood Services’s job easier and shorten the time between a property being visited and improvements getting done. It was brought up that many of the poorly maintained properties are owned by people who don’t live locally.
Director Geffken mentioned that in another city he used to live in they tried out “quality of life violation” fines for property owners who violate neighborhood property maintenance codes instead of it just being a matter of needing to remedy the issue (in our current system here , if you get a notice about unmowed grass, you just mow the grass and there’s no other consequence). The program was not to raise revenue but to make additional consequences to encourage keeping things well maintained. He said, though that the city that tried it was a “poor city” and the program “wound up being repealed”. Director Rego reminded the Board of an idea once brought up by Director Martin that since sanitation drive down all the streets they might participate in reporting when they see Neighborhood Code issues. Director Good asked if the Future Fort Smith Committee could find any ideas to address the problems with vacant blighted homes and mentioned the concept of land banks (even though he expressed that he didn’t fully support land banks). Geffken mentioned potential for the city buying vacant blighted properties that fit a specific plan as a way to invest in a parcel to be improved for future development, but that we absolutely not interested in the city taking any vacant properties that were not sold voluntarily. Geffken requested that the Future Fort Smith Committee prepare a recommendation to present to the Board concerning passive versus active enforcement on Neighborhood Code issues. Cooley said that he would take the topic of blight and potential changes to Neighborhood Services back to the Future Fort Smith Committee for discussion.
The Board’s annual review of the Best Practices Document, a list of non-binding guidance suggestions that includes things like a code of conduct and ethics and the responsibilities for the Board of Directors, went quickly and with little discussion and no changes were made.
Director Rego requested that a study session be held regarding a blighted property at 3600 Kinkead and that the Nuisances Code be discussed. Director Settle requested that the owner of the property be invited to the study session. Geffken agreed to notify and invite the property owner.
Director Settle talked about things he learned from the Arkansas Municipal League conference he recently attended. He said he was inspired by some cities that have turned areas that are prone to flooding into parks. He mentioned that there are awards for cities that Fort Smith should be getting and that we should pursue those harder. He also mentioned a need to look into how our land is parceled for census purposes to make sure our whole city population is counted correctly not counted with the county. He also talked about learning a lot of useful information about American Rescue Plan federal funds and how they can and can’t be spent.
Director Morton requested that study sessions between now and the 5-24-22 tax renewal election include a series a presentations from Fire, Police, Parks, and Utilities on their needs and the uses that would be made of the sales tax money if renewed. He said he wanted this to not only reiterate the information to the Board but also for the public to hear from those Department leaders “why the sales tax is important”.
Director Settle asked if an award in recognition for their positive representation of Fort Smith could be presented to the Northside High School graduates currently playing on the Arkansas Razorback basketball team that recently has been so successful in the NCAA tournament. Mayor McGill said that he could do that.
Administrator Geffken mentioned that a job offer had been made to a local candidate for the Mobility Coordinator position. Geffken asked the Board for feedback on whether when the new Granicus Govmeetings system for agendas is instituted they wanted to keep receiving the same level of detail in their agenda packets or not. The overwhelming consensus of the Board was that they wanted to keep the high level of detail. Morton said the Board is making “serious decisions” and “serious decisions need all the info we can get”.
