Highlights of the Fort Smith Board of Directors Meeting 6/13/23

At the Fort Smith Board of Directors meeting held 6-13-23, the Board voted unanimously in favor of changes to the Unified Development Ordinance including removing the words regarding 51% high quality building materials to be used on the exterior of mini-storages to clarify that that requirement need not be met if the development is instead surrounded by an 8 ft high opaque masonry wall and also the removing of a list of specific items of merchandise that is currently included in the section describing vending machines.

The Board will voted unanimously to approve the Energy Master Plan that includes tracking electric usage and efficiency projects to help decrease utility usage. The energy master plan was discussed in depth at the May 9, 2023 study session.

Fort Smith resident Rick Murphy spoke in support of the Energy Master Plan calling it a “really exciting time” for “Fort Smith’s journey toward sustainability” and a “cost effective, self-funding program”. He suggested that the City also make efforts to educate the citizens regarding utility sustainability efforts. He also suggested the City consider hiring a Director of Sustainability.

Fort Smith resident Jo Elskin called the Energy Master Plan a “wonderful plan”. She suggested that the City be mindful of encouraging departments and employees “gently” to get them participating in efficiency measures. She also asked the Board where they are on the potential for starting generating solar energy in addition to the efficiency programs.

Director Christina Catsavis said she is “very interested in solar before the September 30, 2024 deadline” for when net metering is set to end. Directors Morton and Martin also agreed with her. Director Settle cautioned saying he has a “fear the state law will change again next session to make solar harder and less cost effective”. Director Morton argued that if they do, it will eventually be switched back as a result of public pressure. Of solar energy, Mayor McGill said “we all have an interest in that”.

Director Morton expressed his strong support for the Energy Master Plan. He also mentioned the need to designate someone in each department to be in charge of daily conservation measures like closing the blinds and turning off the lights. He expressed a desire to not spend much on equipment soon for efficiency projects in the leased city hall building citing a change in ownership of the building, that it is not ADA compliant, too small, and very inefficient.

The Board discussed hiring one additional Utility Bill Analyst (at a total annual salary and benefits of $67,587.59) and two additional Customer Service Representatives for the utility bill call center (at a total annual salary and benefits of $52,243.97 each). The need for improvements to the customer service experience regarding utility billing and possible solutions were discussed in depth at the May 9, 2023 study session meeting.

Director Morton said that he “fully supports” hiring the billing analyst to increase billing accuracy and reduce erroneous bills going out to customers. He asked for a progress update on meter readers. Utilities Director McAvoy said that they are trying to fill the vacant meter reader positions and are using temporary workers from a temporary staffing company in the meantime. Director Morton expressed dissatisfaction with trying to use the call center and his call not being answered and having to wait to be called back the following day. Speaking about going from to 6 to 8 people at the call center, he said “8 people is a lot to say “we’ll put your leak on the list”. “

Director Christina Catsavis asked if 8 was the recommended number and McAvoy answered that 8 is the recommended number estimated to be needed to result in a 10% or less call abandonment rate.

Director Settle expressed that he did not support the additional hiring because he felt the money would be better spent on capital water needs and people in the field replacing lines and fixing leaks and making improvements rather than in the phone call center. He suggested that a move be made towards automation instead of a call center. Director Morton said “Director Settle makes a compelling argument.”

The Board voted to amend the measure and instead of voting on hiring the billing analyst and the two customer service representatives, to vote only on hiring the billing analyst at this time and defer the customer service positions for consideration during the fall budget session. The amendment passed with all but Directors Rego, Good, and George Catsavis voting in favor of amending.

Then the Board voted on the amended measure. The amended measure (to hire a billing analyst) passed with all but Director Settle voting in favor of the hiring.

The Board discussed whether to approve The Rock Inc. to be able to apply for a private club alcohol license to operate at 2611 Towson. Director Martin expressed confusion as to the location at 2611 Towson, currently a car lot and car repair center, as being a “very odd” proposed location for a bar. Director Morton wondered about the proximity of that location to the affordable housing that is being built on the old Brownwood site at Towson and South U. Director Martin assured that the address is like 3 blocks away. Director Settle asked Police Chief Baker his opinion on the matter. Chief Baker said that voting to approve this step only sets the process in motion for the business to be able to apply for a license from the ABC and that the business and the owner would still be subject to a Police and ABC investigation before they could be approved for a liquor license. The Board voted unanimously in favor of approving (with Director Christina Catsavis abstaining from the vote without an explanation for her reason for opting to abstain).

Deputy Administrator Dingman announced at the end of the meeting that there had been a miscommunication on the issue and the 2611 Towson address is the applicant’s mailing address, not the proposed location to operate the club. The club would actually be located at 3028 North 6th, formerly a club named Perry’s Place. So the issue will be brought back to the Board at next week’s meeting for another vote for approval on the correct address.

The Board voted unanimously in favor of entering into a contract with Rent.Fun (a sister company of Tandem Mobility that rents the Ride for Smilies bikes) to provide self-serve rentals of kayaks at Carol Ann Cross Park at the former site of the paddle boat rental. The program will include a set of smart lockers with 4 kayaks that will be rented via a smart phone app. The program will require an $18,000 activation fee that would include all repairs, replacement, and maintenance of the equipment to be provided by a local vendor contracted and paid by Rent.Fun. Rent.Fun would also require renters to sign digital waivers regarding accidents and Rent.Fun (not the City) will be responsible for any and all liabilities.

The City can choose the recommended market rate rental plan for the kayaks that would be $25 each for two hours (or a season pass for $75 that would allow the pass holder and a friend unlimited 2 hour rentals) or the City could choose a different price plan. If the City were to choose the market rate plan, they would receive 50% of the rental revenue. Projections show that with low utilization over 5 years, that would amount to a $5,500 loss for the City, with average utilization over 5 years a profit of $750, and with high utilization over 5 years a profit of $7000. The projections show that with low utilization over 10 years the City would profit $7000, with average utilization over 10 years would profit $19,500, and with high utilization would profit $32,000.

The cost of the activation fee needed to implement the program will be covered by funds paid to the City by American Tower for being able to place a cell phone tower in Carol Ann Cross Park. The revenue from that tower lease is earmarked specifically for use for Carol Ann Cross park improvements.

Director Settle expressed doubt that there would be enough rentals to pay back the $18,000 in 5 years. He expressed disappointment in the rate of usage of the paddle boats that were formerly rented at the site. When asked by Director Settle, Director Good agreed that the paddle boats were not a huge success.

Director Rego said that $3600 per year seems a “worthwhile investment” in a “new fun amenity”.

Director Morton expressed concerns about the high proposed price, mentioning that Parrot Island only costs $20 for a whole day versus $25 for only 2 hours.

Deputy Parks Director Deuster said that the City has power to set their own rates and that there is another Rent.Fun kayak rental in Oklahoma City that has opted to charge $9 for 2 hours. She said that if the contract was approved, the fees could be discussed by the Parks Commission. Of the suggested $25 rate, she said “I do agree it’s high for what we’re looking for.”

Mayor McGill said “I like the idea. Let’s have the kayaks.”

Deuster called them a “unique amenity” that “citizens would enjoy” but also questioned if there would be strong enough usage.

Director Martin asked if a “significant gift” from Parks Partners to the Parks Department that is set to be announced soon but has not yet been disclosed publicly would have any impact on Carol Ann Cross Park that might influence how the Directors might wish to vote on the kayak issue. Deuster assured that the gift would not be related to the kayaks or Carol Ann Cross Park, saying that it would be related to May Branch Trail.

The Board voted unanimously in favor of paying landowners a total of $47,300 to obtain temporary construction easements for the Lake Fort Smith water transmission line project.

The Board discussed the purchase of a 72 ft dodecagon pavilion from Poligon by Portercorp for a cost of $588,986.22. The pavilion is to be built at John Bell Jr. Park

Director Christina Catsavis questioned the high percentage of the cost that is the cost of the installation. Deuster said that the dirt work required at the site is significant factor in the high installation cost.

Director Settle questioned the choice of John Bell Jr. Park instead of Martin Luther King Park or Wilson Park. Deuster said that a pavilion could go anywhere, but that currently the one for John Bell Jr. is the next phase in the master plan. She mentioned the high number of children visiting the new playground there and that pickle ball and basketball courts are coming soon and that there is interest in a potential soccer league field lease but there is no shade at that park currently. Director Settle expressed his desire to see an estimate on the cost of the concrete. He mentioned the probable high total cost when the cost of concrete is figured and questioned if it needs to be so big or if the money might be better spent at other parks. Deuster said that the reason that the concrete is being done the way it is is to save money via the Sourcewell discount.

Director Good praised that Director Settle considered parks on the Northside, but said that there is a small pavilion currently at MLK and that the riverfront is growing. He called putting a pavilion at John Bell Jr. an “investment well worth it.” He also expressed excitement about the potential for professional soccer league interest at the park.

The purchase was approved with all voting in favor except for Director Settle.

In the Officials Forum section of the meeting, Director George Catsavis mentioned that the Fort Chaffee Redevelopment Authority is set to vote on leasing the Deer Trails Golf Course to the City for 99 years at their upcoming meeting. He also expressed a desire for the City to discuss annexing parts of Ben Geren into the City parks system. He said that Administrator Geffken has had discussions on the matter with the County and that there was positive response to that idea and that it is something the Board should talk about. The issue will be discussed at the joint County/City meeting scheduled for September.

Director Settle asked Utilities Director McAvoy to find out the cost to have the water towers, especially the one in Fianna Hills, cleaned. He said that he understands that painting them is needed but not affordable right now, but that in the meantime cleaning them would help the city “present ourselves better”.

Director Settle also suggested that a meeting be held on Friday at 6pm to ask Auditor Shockley if she is ready to finalize the Fort Smith Animal Haven audit (the deadline set to release the audit was set for Friday) and if she is not the vote Board could allow her more time and if she is ready the Board could vote to accept or reject the audit and it could be finalized and released publicly.

Director Morton advocated for allowing Auditor Shockley more time since she has been out of town for training and continuing education and health matters multiple times recently while working on the audit. He said Shockley and FSAH have both been making progress on the audit. FSAH hired a CPA to help them. Morton enthusiastically expressed his desire that adequate time be given to produce an accurate audit. He said “The most important thing is that the audit be accurate when it’s released.” He spoke in favor of giving the auditor and the shelter another week, but that it needed to be finished by 6-23-23.

Director Martin said that the Board knew that the Shockley would need to be out of town frequently when they set the 6-16-23 deadline. He said “I still believe that’s a good solid date.”

Mayor McGill encourage the Board to “lean on the experience in auditing” of Director Morton and follow Morton’s advice. He called an additional week extension “very doable”.

Director Christina Catsavis expressed frustration that the deadline had been “May 12th, then June 16th, now June 23rd” and said there is “no end to this”. She said she worries about setting a “really bad precedent” if the deadline is extended. Director Morton said that the Board has never set a hard deadline before for other audits.

Director Martin said “We could debate this till Christmas” but “have to put in out there and move on.”

Director Morton said that FSAH has already admitted that they have made mistakes and that they “owe us money” and are willing to refund the City what they owe.

Director Settle mentioned how contentious issues involving animals have been during his time on the Board. He said that not giving an additional week was about “people’s personal agendas”.

The Board held a vote on the motion to hold a meeting on Friday to ask if the audit is ready and grant until 6-23-23 if it isn’t ready and vote to accept or reject it if it is ready. The motion passed with Directors Settle, Rego, Good, and Morton voting in favor and Directors George Catsavis, Christina Catsavis, and Martin voting against it.

Director Morton called Shockley to see if she would be back in time for the meeting on Friday. She said that she would not. Directors Rego, Martin, George Catsavis, and Christina Catsavis said that they would not be able to be there either. Director Rego motioned that in light of the auditor and so many Directors not being available that the motion to meet on Friday be reconsidered. The Board voted unanimously in favor of the reconsideration. Director Rego motioned that the 6-16-23 deadline be suspended and the audit topic be added to the Tuesday 6-20-23 meeting agenda and that the auditor could say whether the audit was ready or not and if it is not ready could be given until no later than 6-23-23 to finalize it and at the 6-20-23 meeting if the audit is ready the Board could discuss it and vote to accept or reject it. Director Rego’s motion for the 6-20-23 meeting passed with all but Directors Martin and George Catsavis voting in favor.