Highlights of the Fort Smith Board of Directors Meeting 4/19/22

The Fort Smith Board of Directors meeting held 4-19-22 (with Director Dawson attending remotely) started with a vote on the rezoning of a vacant lot at 815 South 6th street to allow for the Next Step Homeless Services to build a new facility with offices, a kitchen for the residents, classroom space, and 30 tiny-house style housing units.

Steve Harvey, General Manager of Boyd Metals spoke against the relocation mentioning existing problems with the homeless in the neighborhood including theft, vandalism, trespassing, people sleeping on his property, and a person passed out almost being run over by a truck. He talked about the “dangerous environment in that industrial zone” and mentioned that the troubles had increased in the last six months and that they had had to increase security measures like using key cards and advising female employees not to be outside after dusk.

Next Step Executive Director Sharon Chapman at the request of Director Morton and Director Martin clarified again that at the proposed new location there would be no emergency shelter, no dayroom, no meal service, no walk-up traffic. The only people on the premises would be the employees, the residents of the housing, and the residents of Next Step’s other transitional housing facilities when they come to attend scheduled classes in life-skills like cooking and nutrition.

Director Settle asked how long it would take for the new facility to be ready to open. Chapman answered that with having to apply for grants and fundraise, they estimate that it will be ready to open in around a year and a half.

Director Rego, mentioning his Christian Faith and quoting scripture, expressed his support for the facility and his view that the city should help the organization that is helping people transition out of homelessness.

Director Good expressed his support and asked about the people who live in the other Next Step homes that will be coming to the proposed new facility to attend classes and Chapman responded that there are about 50 individuals living in those other properties and that they are committed to working towards moving out of homelessness. Good seemed pleased to hear that they are individuals “with a mindset to better themselves.”

Director Good asked if Next Step had considered having the office space at another location separate from the housing. Chapman answered that in addition to the higher cost of having multiple facilities, the residents of the housing will need the social workers and kitchen and classes right there, that access to the staff is important to the mission.

Director Morton mentioned having taken a driving tour with business owners from the neighborhood near the proposed site. He discussed their “aggressive plan that involves a lot of different businesses” to help reduce homeless encampments. He said the “city has to do what the city has to do” and suggested hiring additional personnel for Neighborhood Services to help deal with encampments. He asked what security was planned for the new Next Step location. Chapman answered that there would be round the clock staff on site, it would be fenced completely, and there would be lighting and cameras.

With the plan being for Next Step to close the dayroom that is at their current location permanently and focus instead on just the transitional housing programs as soon the new facility is open, Director Settle asked about the potential for someone else to buy the dayroom and re-open it as a dayroom again. Administrator Geffken and Planning Director Rice assured that the new form based code in that neighborhood makes it not zoned for that use, so it would no longer be allowed to be a homeless service provider or shelter in the future.

Director Morton motioned for an amendment to the zoning PZD that would state that as soon as the new facility is open, the old dayroom would be required to shut down fully and permanently. He explained to Chapman that “I have complete confidence in you”, but expressed concerns that in the 18 months it will take to build the new facility an organization could change people in leadership positions and they might have different ideas. Adding the wording to the PZD would defend against that sort of change in plans. Chapman agreed that Next Step is already fully committed to closing the old facility and from a practical standpoint does not have the resources required to keep both facilities open even if they wanted to. Next Step is fine with adding it to the PZD if necessary.

The Board voted on that amendment to the zoning PZD with all voting in favor except Director Rego. The Board then voted on the rezoning measure as a whole including the amendment and it passed unanimously. Next Step is approved to move forward with their relocation.

The Board held the second vote required on setting the prices for niches in Oak Cemetery’s columbariums at $600 for eye-level niches and $400 for all other niches. The measure passed with all but Director Rego voting in favor.

The Board voted unanimously to approve the updates to the Utilities Billing Standard Operating Procedure including adjustments for water leaks, unexplained high usage, meter change outs, and a form for filling swimming pools.

Director Morton, inspired not by the SOP update in specific but by the general conversation about water billing, discussed recent situations he’s heard about from citizens who fell behind on paying their bills due to Covid and have ended up with bills they cannot afford that are now unable to get their water turned back on (one bill mentioned was $2000 dollars). He disagreed with the current policy where if you miss a payment on the payment plan, the entire amount becomes due all at once. There is no option offered to pay a catch up amount and get the water turned back on and get back on track toward getting paid back up. He said that car payments and mortgages don’t typically work like that, demanding repayment of the loan in full if you miss a payment. He asked that the city look into changing the policy. Geffken said “We will look into that”.

Director Good assured the public that even with the ordinance everyone will still always be able to contact their Directors and the Directors and the Administration will listen and hear them out.

The Board voted unanimously to approve the contract for $424,816 with Steve Beam Construction to construct a new walking trail around the perimeter of Creekmore park. The new trail will replace the existing trail that is 30 years old and in rough condition and will be much wider than the existing trail. The current one is regular 36 inch sidewalk width and the new one will be 8 feet wide. Director Settle asked if it was just for walking or if staff and service vehicles could drive on it. Parks Director Reinert answered that while it is typically for walking it is going to be large and strong enough that vehicles including ambulances could drive on it if necessary. Reinert said that the trail should be completed in 120 days.

Director Morton called the project a “great project” mentioning the heavy use of the trail. Morton also talked about how the .25% sales tax renewal up for a vote on May 24 to benefit Parks and Fire would help fund more Parks projects in the future.

The Board voted unanimously in favor of the purchase of a new Dial-a-Truck for $188,146.30 from River City Hydraulics. The funds for the purchase will come from an insurance settlement. Director Settle asked if the Solid Waste Department had considered a CNG fueled version. Deputy Administrator Dingman responded that the truck is needed right away and that the traditional fuel version will arrive in 90 days where the CNG would not be available for more than a year. Director Good asked if the number of Dial-a-Trucks in the fleet is adequate. Mitchell Parker of the Solid Waste Department answered that storm debris is a major part of the recent increase in requests for a truck, that weather events can cause temporary higher demand. Dingman said they could evaluate the need.

The Board vote unanimously in favor of purchasing a front-loading CNG fueled garbage truck. This truck is $35,000 cheaper than the model that was already approved at the last meeting. The vote at this meeting allowed the Solid Waste Department to purchase the cheaper truck instead and save the city money.

The Board voted unanimously to approve Tandem Mobility installing and operating 8 bike share stations around town with a total of 40 bikes, 20 being regular pedal bikes and 20 being e-bikes. The bike share program will be funded entirely by a grant from the National Science Foundation that was pursued and facilitated via a partnership between the City, the University of Arkansas, Arkansas Colleges of Health Education, Frontier Metropolitan Planning Organization, Future School of Fort Smith, Riverside Rides, Champion Cycling, and Western Arkansas Planning and Development District.

Director Rego called it an “exciting project”. Geffken praised that Reese Brewer from Frontier Metropolitan Planning Organization sometimes comes to him with ideas for “exciting grants” they could pursue. Rego asked if the new Mobility Coordinator would be involved with the bike stations. Geffken confirmed that they would, adding that the new Mobility Coordinator Micheal Mings will start work on May 2.

The longest and most hotly discussed item of the night was the renewal of the contract with Kitties and Kanines Shelter to continue providing animal services to the city. The contract would be for 5 years plus the option of 5 one year renewals. It would include a monthly payment from the city to the shelter of $56,300 per month (up from the previous contract rate of $45,566 per month) and per-day-per-animal payments at the same rate as the previous contract , $45 for an animal’s first day at the shelter, $10 for days 2-5, or a total fee of $85 dollars if the animal stays 5 days (a 5 day rate that is lower than the previous contract). The estimated total expense for 2022 for the animal services contract would be $850,600.

Representatives from Kitties and Kanines announced that the shelter would be changing its name to Fort Smith Animal Haven to help reduce confusion between the shelter whose primary mission is to serve the city in taking in animals from Animal Control and the veterinary clinic that is also called Kitties and Kanines but that is at another location and a separate for-profit entity. They stated that since they started handling animal services for the city they have taken in 5524 animals. 60% of the dogs taken in are transported to the North where spay and neuter laws increase demand for adoptable pets. The transport costs $40 per animal, but is cheaper than keeping animals on site long term. They don’t kill animals for reasons of space. Their rate of euthanasia is 4%, made up of animals that are gravely ill or injured, vicious, and otherwise not suitable for adoption.

Former Kitties and Kanines employee Peggy Griffin spoke in opposition to renewal of the contract. She mentioned having worked there from 2019 to March 2022 and that she was terminated for voicing her concerns about euthanasia and other conditions at the facility. She mentioned that there are 180 dogs at the shelter and 100 of them are old enough to be neutered but are not. She mentioned that the facility is not properly equipped for the surgeries that they plan to be doing on site soon. She said that medical records are not kept properly and that medications are not being administered as necessary. She said that a distemper outbreak at the facility was caused by the animal population there being too high and that a veterinarian from Wisconsin who helped with the outbreak said that the “capacity of care is not there” and because of the “dismissive attitude” of the shelter Director they won’t be willing to assist them again in the future. Griffin asked that the facility be audited before approval of the contract.

Robert Robertson, former shelter employee Peggy Griffin’s father, spoke about his unpleasant experiences as the “night time annex” with hundreds of animals including wounded animals and bottle-fed babies being brought to their house while Griffin worked there. He said he would like to see the shelter work. He also called for an audit.

Director Catsavis asked what happens if an animal is picked up by Animal Control and taken to the shelter but the owner cannot afford to pay the fee to pick them up. Fort Smith Animal Haven responded that they still get their dog back unless it is deemed a vicious animal by Animal Control.

Director Dawson invited Fort Smith Animal Haven to respond to the allegations made by Griffin and Robertson. They mentioned that their medication schedule is done properly according to a protocol copied from Best Friends Animal Society. Kennel Techs administer the meds. They invited the Board to come look at the room currently being fixed and outfitted properly to allow for surgeries to take place. They reminded that in their effort to be “fully up front” they send the city administration detailed financial information every 6 months. There are now emergency cages outside at the shelter for Animal Control to drop off the animals at night that previously would have been brought to Griffin’s house.

Director Morton said that that there are “areas where this organization could do better” and also areas where the city could do better. He praised Fort Smith Animal Haven’s efforts and said that they need a purpose built facility to be able to perform better. He also expressed his view that the city needs a low-cost spay and neuter program. He talked about how much better the stray animal situation is now than it was at the height of the crisis on the issue back in 2019.

Director Good discussed that the need for animal services keeps getting higher and higher and that there is “nothing better than responsible pet ownership” but we need to find a solution. He called for an outside operation audit of the shelter to be conducted. Director Martin agreed on the audit and praised the work Fort Smith Animal Haven does.

Fort Smith Animal Haven emphatically expressed the need for a new purpose built building saying that they need more space and a building that was made for it. They mentioned that the retro-fitted office building is the cause of a smell that is sometimes “overwhelming”. They agreed with Good that responsible pet ownership would help but really emphasised their view that spaying and neutering is the real best solution to the issue.

Director Settle asked if the shelter accepts animals from outside the city of Fort Smith. Fort Smith Animal Haven responded that they don’t knowingly, but acknowledged that out-of-town residents dumping unwanted animals in town could occur. Settle asked Geffken if there might be State grants available to fund animal services. Geffken said that there is not. Settle asked Geffken to provide the Board with statistics from other similar sized and larger municipalities about animal services issues like their number of stray animals, spending, and their solutions. Geffken agreed.

Director Rego said that the contract is a “lot of money” and that the Board “need to pause and assess” to make sure that they are prioritizing what they want big-picture-wise on animal control. Director Martin asked that there be an annual animal control study session. Geffken reminded that the used to have them twice a year but the Board at the time agreed that it was not necessary but that the city could go back to doing that if the Board desired.

The Board voted unanimously to renew the contract with Fort Smith Animal Haven.

During a significantly longer than usual executive session, the Board voted to reappoint Karen Wuthrich and Jim Harris and appoint Barbara Turner, Omar Portillo, and Lindsay Conley to the Housing Assistance Board. They reappointed Brian Trumbly and Don Keesee and appointed David Tyler to the Planning Commission. They appointed Mark Chamberlain to the Plumbing Advisory Board and Brad Martin and Jo Elsken to the Transit Advisory Commission. They appointed a whole set of members to the brand new Sales Tax Review Committee, Curtis Ralston, David Ingram, Donala Jordan, Frank Glidewell, Jeff Scholtes, Judith Wilcoxson, Lee Easley, Richard Morris, Stacy Ralston, and Walter Echols.