Highlights of the Fort Smith Board of Directors Meeting 5/21/24

The Fort Smith Board of Directors meeting held 5-21-24 began with tabling the agenda item regarding changes to water rates including increases. The Board voted unanimously to table the issue to allow for two additional public input sessions to be conducted. Director Morton mentioned that the session held 5-20-24 had 20-25 citizen participants even with the meeting having only been announced on the Friday before the Monday meeting and the meeting being held from 3-5PM when many people are still at work.

The Boarded voted unanimously to issue up to $25 million in industrial development revenue bonds for an expansion at Mars Petcare that will increase the facility’s production by 40% and add 120 jobs paying an average of $21.50 per hour.

The Board voted unanimously in favor of a change to a truck route. The street improvements necessary to facilitate the planned change have already been completed. Streets Director Meeker said that the change was designed for “getting traffic off 5th Street and out of the residential neighborhood.”

Russ Bragg of OK Foods spoke in support of the change saying he “really likes what the City did” with the change.

Director Settle asked what happens if a truck still takes the old 5th street route. Meeker said that there will be signage about the correct route but a truck could still break the law and enforcement will be needed. Director Morton suggested that larger signs be installed marking the new route.

Director Martin called the new route a “much better fit.”

Administrator Geffken said that Police Chief Baker will put out public notices and inform the police officers of the change.

The Board voted unanimously to initiate a 6 month pilot program for glass recycling. To participate in the program, residents will need to sign up to participate and will pay $7 per month. They will be issued a 100 liter cart with a purple lid and will contact the Solid Waste Department when the cart is full to arrange for it to be picked up. The service is scheduled to begin July 1, 2024. The Sebastian County Solid Waste Management District has paid for the cost of the pilot program ($6,093.68 for the purchase of 110 carts). The program is not expected to bring in significant revenues with the value of the glass being less than one cent per pound. At the end of the pilot period, the results of the trial will be evaluated and it will then be decided if the program will be continued, amended, or terminated. Also at the end of the pilot period, if the residential glass recycling program is to be continued, there will be discussion of potentially expanding the program to include glass recycling for commercial accounts.

Director Settle expressed his interest in the commercial program anticipating that downtown businesses with lots of glass from beverage containers might be especially interested in participating.

Director Martin inquired about the weight of the carts. Solid Waste Director Riley said that they have tested the carts and that even fully loaded they are still able to be rolled to the curb and able to be physically emptied by Solid Waste staff. The carts can’t be used with the mechanical arm for automated pickup and will be physically emptied.

The Board voted unanimously to table the issue regarding whether or not to authorize the City Attorney to proceed with an interpleader action regarding $401,792 in taxes that were improperly collected from Parrot Island admission tickets from 4-20-21 to 11-30-23 when a POS system was accidentally set up incorrectly so that it was charging sales tax that it should not have been. The issue was tabled to allow for Rick Coleman, CEO of American Resort Management that runs the water park to be able to attend the meeting and answer questions. The issue will be added to the June 18th agenda.

Director Martin asked because the water park is owned jointly by the City and the County if the County was also in agreement on the interpleader. Geffken said that the County is in agreement and that County Judge Hotz will also ask the Quorum Court to table the identical agenda item that is on their agenda for their 5-21-24 meeting.

City Attorney Canfield clarified that the procedure that will be up for a vote is to initiate the interpleader action and place the funds with the Court. Then the people who paid the taxes will be given notice and opportunity to make claims for refunds of the tax money they paid. Director Martin asked how they would prove they were due the refund. Canfield said that it “will be somewhat difficult” because the information available is “somewhat inconsistent.” One third of the ticket buyers paid in cash, so there is very little record of who bought the tickets. Of the other 2/3, for half, Parrot Island has records of the receipts and email addresses for the people who paid. But for the other half of that 2/3, from 2022 there are only records of the last 4 digits of the debit or credit card used to purchase the tickets and from 2023 there is also the name of the purchaser.

The Board voted unanimously to purchase a replacement compost windrow turner from Scarab International for $571,500 and a replacement 4 wheel drive loader for the compost area of the landfill from Stribling Equipment for $344,095.03. At the prompting of Director Martin, Sanitation Director Riley and her staff corrected an inaccuracy in the agenda packet that said that the 10 year old loader being replaced had been in service 1400 hours while it should have said that it has served 14,000 hours. The life expectancy of a loader is typically 7000-12,000 hours.

The Board voted unanimously in favor of a 3 year renewal of the contract with Motorola for radio communications and the tornado siren network for a total of $1,099,11.90 for the entire 3 years.

The Board voted unanimously without further discussion to purchase repairs and upgrades to the grit removal system at the P Street wastewater treatment plant from Smith & Loveless for $1,099,111.90.

The Board voted unanimously without further discussion to purchase a new inclusive playground and sidewalks and fencing to go around it at Carol Ann Cross park from ACS Playground Adventures for $868,425.38.

The Board voted unanimously without further discussion to be the required government sponsor for the application to be made by Methodist Village Senior Living for an Arkansas Transportation Alternatives Program grant to build a paved path from the Methodist Village facility to Carol Ann Cross park. The 20% local funding required for the grant would be paid by Methodist Village (not at a cost to the City).

The Board voted unanimously without further discussion to renew the 2 year permits for Prime Sanitation and KL Dumpsters for non-residential solid waste collection at a 5% franchise fee.

The Board vote unanimously without further discussion in favor of authorizing the Police Department to auction off unnecessary equipment including restaurant equipment and office equipment acquired in the purchase of the former Whole Hog Cafe building at 4501 Burrough Road that will soon serve as the new 911 call center. The auction will be conducted by Looper Auction on June 14, 2024.

The Board voted unanimously to have Fire Trucks Unlimited refurbish two pumper trucks for a total cost of $1,084,000. The refurbishment will allow the trucks to offer 10 more years of service. Buying new trucks would cost $1,100,000 each and would take 40 months to be delivered.

During the Officials Forum section of the meeting, Mayor McGill mentioned that Fort Smith was one of three cities recognized in 2024 as a Great American Defense Community.

Director Christina Catsavis asked for the issue regarding the potential sale of the property next to 720 Garrison that was discussed at the 5-14-24 study session to be placed on the agenda for a business meeting where initiating action on the matter can be voted on by the Board. The issue will be added to the 6-4-24 meeting agenda.

Director Morton requested more information on the 2500 water meters that are reporting zero usage (so the customer is still being billed the base rate but no charge whatsoever for usage). Geffken said that he will present the Board with detailed information on that, but that the vast majority are irrigation meters that are not being used except in the peak season, then some are vacant homes and some are old meters that are not functioning correctly. He said that the vacancy rate of residential property in the city is currently 9%, so that would equate to about 3500 meters if all of those were reporting zero usage. Director Morton and Director Christina Catsavis expressed disbelief at the accuracy of the 9% vacancy statistic.

In the Executive Session portion of the meeting, Russ Barr was appointed to the Airport Commission, Trent Goins was appointed to the Central Business Improvement District, and Karen Wuthrich was reappointed to the Housing Assistance Board.