Highlights of the Fort Smith Board of Directors meeting 4/25/23

Written By Melissa Woodall
blue lion exterior of building

The Fort Smith Board of Directors study session meeting held 4-25-23 was led by Director Settle in the absence of both Mayor McGill and Vice Mayor Rego. The Board voted to correct appointments to the Civil Service Commission from last week’s meeting. Deputy Administrator Dingman had made an error in tabulating votes that resulted in the wrong people being appointed. The Board approved the correct appointments, Orville Smith, and Marty Shaw.

Soon both the Mayor and Vice Mayor will be temporarily out of the country at the same time, so the Board voted to appoint Director Christina Catsavis to serve during that time as temporary Vice Mayor.

HUD logo

The Board discussed the Community Development Advisory Committee’s recommendations for this year’s allocations of the federal funds from the US Department of Housing and Urban Development’s Community Development Block Grant program. The recommendations for the Community Development category, a total of $177, 816, include…

The recommendations for the Public Service category, a total of $121,929, include…

$270,226 is recommended to be allocated to Fort Smith housing rehab assistance, $60,000 for housing rehab administration, and $162,573 for administration.

For the HOME investment partnership category, $506,219.92 would be allocated to Crawford Sebastian Community Development Council to build 5 new single family homes or acquire and rehabiliate existing single family homes.

Director Martin called the recommended allocations “good” but looking forward to next year and the future expressed a desire to use the CDBG program differently, as an “opportunity for us to make big impacts.” He suggested it be used for a big project to revitalize the north side. He mentioned hearing from a citizen recently who was concerned with the lack of places on the north side to purchase fresh food. Martin saw in his research of CDBG use in other places that funds were allowed to be used to build a food coop in a disadvantaged neighborhood in another state. He also mentioned a community in Arizona that used the funds to build a solar array.

Director Settle expressed a desire to use the funds for bigger projects to make a “big splash” rather than splitting the funds up to multiple smaller projects.

Director Good agreed with Director Martin’s enthusiasm for projects on the north side. He pointed out that there are loopholes to be found in anything, but that the majority of the HUD funds are designated for the HOME projects, so they would need to used for affordable housing. While he supported “big splash” projects, he also said that non-profits rely on the little funding from the CDBG program. He called not being able to have that funding a “disservice to smaller organizations” and said “citizens need these benefits”.

Director Morton agreed that those smaller organizations “depend on that money to keep the doors open” in some cases and would have to cut services without it. He said that “Do something dramatic on the north side is a goal we should have.” He talked about that with the economic improvements including the strong sales tax collection that the City is in a good position to fund a project.

The allocation of the funds will be voted on at the 5-2-23 meeting.

american rescue plan logo

The Board also discussd the Community Development Advisory Committee recommendations for allocations of $1,501,450 in federal housing funds from the American Rescue Plan. The recommendations include…

Director Morton asked representatives from Next Step Homeless Services Kim Wolfard and Sara Gray about the anticipated timeline for the new transitional housing facility on 6th street. Next Step responded that if that funding is approved it will get them about half way to the $4 million total needed and that they are about to apply for a “whole litany of grants” that will get them to about 3/4 of the way there and then will use a line of credit with a local bank and fundraising to finish the rest of the funding. They said they are “pushing fast” and it is a goal to be able to break ground in a year and a half. Director Morton said “My great desire is it to be quicker than that.”

Director Settle asked Community Development Advisory Committee’s Candice Gabucci how long the organizations have to use the American Rescue Plan funds. Gabucci clarified that unlike normal HOME funds, the one time American Rescue Plan funds are good until 2029. Settle asked if the Next Step project could also qualify for normal HOME funds. Gabucci answered that they could receive CDBG funds, but not normal HOME funds since those are only for construction of homes to be sold to buyers. Director Settle voiced support for instead of allocating the funds to Hope and Community Rescue Mission for case management and food that that money could also be allocated to Next Step for the transitional housing.

Director Morton mentioned that typically the Board votes in favor of the recommendations made by the Community Development Advisory Committee and that “takes political things out of the process.” Director Martin wondered if the consultant and the CDAC “hear the same things we do”. Director Settle mentioned that the Board does have the power to make changes.

Director Martin voiced support for focusing on transitional housing and that moving people out of homelessness is a matter “of urgency”.

The allocation of the American Rescue Plan funds will be voted on at the 5-2-23 meeting.

pipe leaking water

The Board heard a quarterly update regarding water leaks from Utilities Director McAvoy. There are currently 443 leaks. In the first quarter the City in-house crews repaired 154 leaks at an average cost of $2000 per leak. Forsgren that is contracted to repair leaks completed 73 repairs at average cost of $4,396.03 per leak. There is still $995,261.37 available on the Forsgren contract. The total number of leaks is up 51 leaks since January.

The biggest challenges cited in repairing the leaks are the aging infrastructure and the lack of staff. In the first quarter 108 new service lines were added and the staff is currently experiencing 38% vacancy.

Director Good asked the qualifications required for the positions. McAvoy answered a High School diploma or GED is required for entry level jobs, then if they obtain a CDL (the City will work with them to help them obtain it) they can get a raise. To be a supervisor requires a Class 4 Water Distribution License. McAvoy said the test for that is very challenging.

Director George Catsavis said that the main customer complaints he hears are about leaks, erroneous bills, and the Payit system. He said he is “amazed we’re still having these issues that don’t seem to be getting resolved.”

Administrator Geffken said that to fix the leaks would require nearly $7 million and we “don’t have $7 million” and agreed that the labor shortage hurts the progress.

Director George Catsavis inquired if the cost of the water escaping through the leaks was more than the cost to pay more to hire more people. Geffken said the cost of the water itself, the chemicals to treat it, etc. is very minor. Director Settle requested that McAvoy provide the Board with a calculation of how long the water would need to leak (at the cost per CCF charged to residential customers) to reach the average cost of a leak repair. McAvoy agreed to do that. Director Morton said that leaks often get worse if you just leave them and that it can affect water pressure. Director Christina Catsavis expressed concern about the added cost of water leaks washing out roads “not just the costs of the water”. Director Martin called “goodwill worse with citizens” the “real cost” of leaks, with leaks creating the perception that the City doesn’t care.

Director Christina Catavis called it the job of the Board to “come up with a creative solution” to the personnel shortage. McAvoy mentioned that Saturday the City would be participating in a job fair in Van Buren to recruit the workers affected by the Tyson plant shutdown. He also reminded of the salary survey underway to help evaluate pay rates.

Director Christina Catsavis asked about the wildcat leak teams proposed previously by Director Rego. McAvoy said that wildcat teams would cost $12,000 per leak.

Director George Catsavis said “I don’t see us ever fixing all the water leaks in this town”. He asked McAvoy if the number of leaks could be reduced to where they were few and managable by in-house crews in the next year or two. McAvoy could not assure that, but said they are “Doing our best.”

Director George Catsavis asked when the Board would discuss moving utility customer service to the finance department. Geffken answered that it is on the 5-9-23 agenda.

Director Morton praised the progress, with the leaks being way down from a total of 800 not long ago. He asked McAvoy to look into the system that would stop bills from going out if they would be over 200% of the average bill for that customer to stop those astronomical erroneous bills from getting out the door and getting sent to customers.

Director Settle asked why the high school diploma or GED is required for entry level workers. McAvoy said that to move up the necessary licensing will require it. Director Settle suggested that workers could be hired without it and just know that they cannot be promote without it. He suggested that the diploma/GED requirement for entry level laborers be eliminated before Saturday’s job fair

mic at the board of directors meeting

The Citizens Forum saw strong participation this month.

Damon Rye spoke about a fire code that was not in effect when he purchased his property in the Forest Oak subdivision (behind KTCS radio station) that would affect his effort to replat the property so that he could divide the property and build a second house on the property. The property is in the extraterritorial jurisdiction (and served by the White Bluff/Rye Hill Volunteer Fire Department) but would be subject to the same requirements as inside the city limits. Meeting the new requirement would cause him to have to run a 6 inch water line 250 feet at a cost of $30,000-$44,500. He proposed that he be issued a variance by the Fire Code Appeals Board.

Geffken confirmed that extraterritorial jurisdiction is under the same rules as the city and that Rye would need to file for a variance with the Fire Code Appeals Board. He said that both himself and Deputy Administrator Dingman would be available to help with that process if needed.

deer trails golf course logo

Randy Shock, a representative of Deer Trails Golf Course, spoke about the situation with the course, one of only 2 public courses in the county and the more affordable of the 2. Deer Trails has been operating for 9 years under a 501C7 organization made up of course members who took over operations after the Fort Chaffee Redevelopment Authority could not justify the financial losses they were incurring running the course. Deer Trails is currently running “in the black” at “no cost to anyone”. The organization entered a 5 year lease with a 5 year renewal option. There are currently 11 months left in the agreement. Last summer there was interest shown by a potential buyer for the property to turn it into a residential subdivision. Deer Trails presented a letter of intent to the FCRA that they should deed the course property to Deer Trails (with a clause that if they were not operating a golf course that it would revert back to the FCRA or the City) and that Deer Trails would convert to a 501C3 and continue to operate on the property. Letters of support from Directors and state legislators and a petition from residents were sent along with the letter of intent. Nothing was done about the letter by FCRA until they responded earlier this month with saying it was “not really an offer.” Shock said they are “not getting anywhere with negotiations.” They will probably be able to get a lease extension offer in the next couple of weeks. Uncertainty about the future is hurting annual memberships. Shock asked the Board to either pass a resolution requesting the FCRA accept or at least consider the offer, or for the Board pass a resolution requesting the FCRA to transfer the property to the City to lease it to the course. He said it was an opportunity to add 25% to the parks system and “not cost a nickel to do that.”

Director George Catsavis said “FCRA is not gonna help you.” and that they want to sell that property. Director Morton reminded that FCRA head Daniel Mann gets paid 2% of the gross sale price of any FCRA property sold. Director George Catsavis strongly expressed his dissatisfaction with the FCRA and called it a “Good ol’boy racket out there” and said it has been “25 years and it’s time for them to go.”

Director Settle said that while he couldn’t make the motion immediately because he was leading the meeting, he would motion at the next meeting to start resolving the situation. He called on Daniel Mann and FCRA to “Do the right thing. Give it to the City.”

Sarah Ligen spoke about an incident on Steep Hill Road two weeks ago where neighbors did not control their dogs and the dogs killed one cow and injured another in her front yard. The Police came and contacted City Prosecutor Rita Watkins (because the incident happened within the city limits, but the owners of the dogs were across the line into the County). Watkins said that she would get a warrant to have the dogs removed. After a wait of about two hours, the warrant was not issued as anticipated. One dog was warranted and removed (and has now been euthanized) but the other was allowed to remain with the owners. Ligen said that the Harmons who own the dogs are friends with Watkins (she was interviewed in Harmon’s blog where he called Watkins a friend and she knew each dog’s name and had an opinion on which dog was the bad one). Ligen expressed that she felt Watkins should have recused herself from the matter because she is a friend of the Harmons. Ligen said that she is afraid to let her kids play outside because of the dog that still remains.

Director Christina Catsavis asked if the remaining dog was still uncontrolled or untethered. Ligen said that it was unleashed when it went from the owner’s vehicle to inside the fence and was not tethered inside the fence and that there is still a hole in the fence.

Director Martin asked who has jurisdiction in these issues, the county or the city. Geffken answered both and that the county has decreed that the dog is vicious. Director Settle said that the State is at the top and the County is below them, then the City. Ligen said that Dan Shue stated in an email that Rita Watkins had the authority to remove the animals.

Director Good said that the Board is an “elected body” and a “policy making Board” and that they “do not and cannot” handle legal matters. Saying “Fort Smith is small” and mentioning that lots of people have done a blog with Harmon, he called into question whether the relationship between Watkins and Harmon was really strong enough to constitute a conflict of interest.

Director Martin mentioned that while the cow was worth $10,000, it was also treated like a loved family pet in addition to being valuable property. Director Good said the issue was “being made intentionally to be very political” and the Board should let the legal system run its course. Director Morton said that there is a property loss civil issue there and Boards should not get involved in that but expressed concern for the safety of children in the area until the dog is quarantined and evaluated and assessed to see if it is a vicious dog.

Marty Rogers who also lives in the neighborhood on Steep Hill was bitten by the Harmons’ dog that remains on the property in October of 2022 while introducing herself to the owner. She said that during a 10-15 minute visit she laid her arm on the fence and the dog jumped up and bit her wrist. It did not puncture the skin but left slight scabs and bruises. She said the owners were not concerned. Rogers’s husband, who served as a deputy for 8 years, said that the police officers who responded to the recent incident with the cows “handled it perfectly”. He expressed that the problem was more with the warrants and the jurisdiction issues, not with the performance of the police officers or the dog catchers themselves.

Fort Smith resident Warin West-El quoted the City of Fort Smith mission statement, with special emphasis on the “provide world class service” part, and asked the Board to raise their hands to show how many agree with it. Director Settle said that there had been a resolution voting to adopt it and that he was not going to raise his hand saying “17 years of service shows how much I care about this city.” Director Good said that he considers the mission statement as a goal. Geffken said that the Board was not required to answer any questions. West-El praised Sherri Gard, Geffken, and Dingman for their responses to his emails. He added that (while they were not in reference to the dog situation) Rita Watkins never answered his emails and that Mayor McGill also doesn’t answer.

Melissa Woodall
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Highlights of the Fort Smith Board of Directors meeting 4/18/23