Highlights of the Fort Smith Board of Directors Meeting 8/13/24
The Fort Smith Board of Directors study session meeting held 8-13-24 with Director Settle and Director Martin absent and Director Christina Catsavis arriving late, began with discussion about changing the policy for towing by the Police Department from the current system of a rotation of 24 towing companies to a single towing company contracted with the City to provide Police towing at a set price. The Police Department favor the change because it would allow for greater efficiency, would eliminate any confusion about who towed each vehicle and where they took it, and would save labor hours spent under the current system inspecting the trucks of each of the different companies in the rotation. Police Chief Baker reminded that the Board of Directors does not set policies for the Police Department, but they would have to approve entering into any contract with any company or companies.
Police Chief Baker said that the proposed change in towing policy is a result of recommendations from an audit Baker asked to be conducted to analyze the Police Department’s towing policies after they received pressure to tow more vehicles. The audit found that departments towing policies were compliant with State requirements, but recommended a change be made from the current system of a 24 company rotation. The audit proposed a few suggested systems that could be more in line with current best practices and the department preferred the one that involved a contract with a single company system. Baker said that the department is trying to be as efficient as they can, to get in line with best business practices, to be in line with what others are doing, and to comply with the audit. Baker expressed that it was not being proposed in response to citizen complaints about the service from the towing companies or police displeasure with the service being provided by the companies.
Baker mentioned that the fees charged by the various companies in the rotation are “all over the place” with the fee for just basic hooking up to the tow truck varying from $150 to $275. He said that many regional cities have the single company contract system with set fees and that in talking with those cities he heard that their tow charges are cheaper and they “all spoke highly of the efficiency of dealing with a single company.” Cities with single companies experience decreased response times and higher quality service. He said that Little rock, even with their much higher number of police tows, only has a rotation of 5 towing companies.
Baker said the Police Department’s job is “not to ensure financial viability of private companies” but to “keep the city safe.” He also said of the Police Department’s opinion on who the towing contract would be with “Frankly, we don’t have any preference who wins the contract.”
Director Good asked what happens when there is an accident that requires towing for two or more vehicles at the same time. Baker said that in that situation, the next wrecker on the rotation is called and they go down the list in order calling wreckers until all of the vehicles are taken care of and that sometimes one wrecker company will actually call another one to do the towing if they cannot handle it themselves right then. He said “We do everything we can to try to clean the roadway without involving a tow” expressing a desire to save citizens from having to pay a tow bill. He said “My concern is not providing income for the tow companies” but “keeping roadways clear and citizens safe.”
Director Morton called the widely differing charges between tow companies “concerning.” He mentioned that when police call for the tow, the citizens don’t have any control over those charges incurred. He said that while he isn’t aware of any such situations happening in Fort Smith, during his experience working for ArcBest trucking company that there were sometimes “egregious situations” in other places where people who were involved in accidents were charged unreasonable rates for towing. Director Morton voiced his support for a “fixed rate schedule that the consumer can rely on.” He expressed his doubt that one company could handle all of the Police Department’s towing requests but suggested a rotation of 2 or 3, up to 5 would be able to handle it so that people would not have to wait and the police would not have to wait.
Director George Catsavis asked how many tow trucks the Police Department calls in a month. Baker said that it averages 45 per year per company and that there were 1085 total in 2023. Director George Catsavis asked if the inspections and clerical duties related to the large towing rotation could be be delegated to take what Baker called the “immense amount of man hours” off the shoulders of the Police Department, suggesting that the Finance or Human Resources departments might be able to take on the tasks. Baker said he would have “no obligation to that” but that part is “only part of the issue.” Director George Catsavis asked if the Arkansas Towing and Recovery Board inspects the tow trucks. Baker confirmed that they do and that the State Police do, but that the Fort Smith Police Department conducts their own inspections also to inspect for compliance to the department’s stricter rules. Director George Catsavis said “I just think this needs a lot more discussion.”
Director Rego asked how companies get added to the rotation. Baker said that there is a process of inspections and then they are placed on the rotation list. Director Rego mentioned that Fort Smith has 4 to 5 times more companies on their rotation list than their peer cities. Baker agreed noting that no city he looked into, whether they were similar in size or larger or smaller, had a number in rotation as high as Fort Smith’s. Director Rego said that it seems that there is some “right-sizing to be done.”
City Administrator Geffken suggested that the City modify the procurement process to have the bidding process go ahead and move forward to see the fees submitted by the bidders and see if they are in-line with peer cities and then take the lowest reasonable rate and open the rotation up to a fixed smaller number of companies that would offer that rate. He mentioned that Rogers has 8 companies. He said “I don’t think any one wrecking company” can handle all of the needs.
Director Morton mentioned that some towing companies also provide other auto related services like repairs, with towing not being their sole business.
At the invitation of the Board, Rex Chronister, a lawyer who represents 20 towing companies in the current rotation, spoke in opposition to the proposed change. He mentioned how long the current system has been in place, specifically mentioning his clients that have been on the Police Department towing rotation for long terms including multiple clients on the list for over fifty years. He said that some of those companies are on their second generation of ownership on the list. He expressed concerns about the City “granting a monopoly worth more than a million dollars per year.” He differed with numbers given by Baker regarding the number of tows called for saying that the number is 5-6 calls per company per month on average for a total of 2000-3000 per year. He said that bill for a tow ranges on the low end from $200 to $300 but the average bill is around $1500. He said that most of the police accident tows involve insurance companies so the vehicles are left several days at the tow yard and incur storage fees. He said that the companies in the rotation are small family-owned businesses and if the proposed change is made “They will go out of business.” He said the current system “does not cost the city a dime.” He said that every company must be licensed by the State. They are inspected by the State Police every year and have to submit their fee schedule to the State Police and the Tow Board in Little Rock. He said that the Tow Board handles customer complaints, so Police can always just say “Call the Tow Board.” He said that there is a “system of checks and balances already in place the police don’t have to be involved in.” He said “Fort Smith chooses to redo everything the State has already done.” He mentioned that a FOIA request of all the citizen complaints regarding towing showed that from 2021 to now there have been only 13 complaints and 4 of those were dismissed by the Tow Board as unfounded. He expressed his view that that does not warrant a change that puts people out of business.
Director Rego said “I struggle personally to understand a business model that is successful based on a rotation that is so large.” He called staying with the current system “asking the city to maintain a structure that is not a best practice” and offers “no advantageousness to City coffers.” He said it is “very valid” to “seriously consider the current scope and scale of the rotation list.”
Director Morton did the math that at 45 tows a year at $1000 per tow, a company would be bringing in $45,000 in revenue from Police tows. He said “These companies are not gonna survive on $45,000 per year.” He expressed support for a smaller rotation but more than one company and for a fair fixed fee and expressed support for the Police Department making a policy that works for them.
Director Good asked about determining the proper rate and said that the wide range of amounts being charged currently is “incomprehensible to me.” Baker said that input from the Board and Administration would be used in setting the rate.
Baker mentioned that it would be possible for the towing companies to work together and form an organization that could contract with the City as a consortium.
Director Good said that he is not in favor of a 24 plus company rotation. He said “I don’t see the numbers” where in a small rotation these businesses will be “heavily affected.”
Local towing company owner Tim Wilson spoke at the invitation of the Board in opposition to the change. He said that the towing companies have an “iron clad system” of fees and that Towing and Recovery Board fines anyone found to be price gouging. He said Fort Smith doesn’t “have to follow what somebody else is doing.” He said his business would be “devasted” by the change. He expressed that the State Trooper inspections done every year are enough. He said that the current system “doesn’t seem broke to us. We don’t know why you’d wanna fix it.”
Director Rego asked Wilson how many times he is called as a part of the rotation. Wilson said Baker’s numbers are low because they only include the rotation calls, not calls where owners request a tow and they have to be dispatched by the Police department, calls for parking enforcement and calls for removal from private property where they must call the Police Dispatcher and tell where the vehicle was taken. Director Rego asked what percentage of his calls tie to the FSPD. Wilson answered 40% and said “I will go out of business if we lose the rotation.” Director George Catsavis said “I just hate that.”
The Board discussed the Move Fort Smith Active Transportation Master Plan for making the City better and safer for active transportation like walking and biking. The approval for the plan to be created was made at the 1-17-23 meeting.
Recommendations in the plan include changes to reduce pedestrian and bicyclist accidents with motor vehicles, allocating budget for infrastructure, increased commuter walking and bike paths, measuring active transportation network usage, increasing trails amenities (like benches, water fountains, art, and pocket parks), Unified Development Ordinance changes to require or encourage pedestrian/bike friendly development, code changes to treat E-bikes and electric scooters the same as traditional bikes and scooters, renovation of alleyways into paved paths, more on-street bike features, and more sidewalks.
The plan highlights 6 high priority Catalyst Projects including a two-way protected bike lane on North B Street (estimated cost of $1,125,000-$1,250,000), renovation of the 10th Street alleyway from Kelley Highway to North B into a paved path (estimated cost of $3,290,460-3,590,000), a paved path from South 66th to Massard (estimated cost $3,278,476-$3,578,000), a paved path from Fianna to Ben Geren Park (estimated cost of $3,135,142-$3,435,000), protected bike lanes from Lexington to B street including across Garrison($1,716,665-$1,888,352), and completing the Bass Reeves Legacy Loop, a paved pathway looping around the City that would incorporate the existing Riverfront Trail and the Maybranch Trail (estimated total cost of $24,987,000)
Mobility Coordinator Mings mentioned that the plan has already been proving its value with the EPA grant for the alleyway project that is part of the plan and a grant that is already in process for a new section of greenway that is part of the plan. He called the plan “contextual, aspirational, and attainable.”
Reese Brewer, Director of Frontier Metropolitan Planning Organization, called the plan “one heck of a plan” and said her organization is looking forward to implementation of the plan and leveraging the plan to find federal dollars for the projects.
Director Rego praised the plan and the people who worked on it. He also noted that 900 responses to the survey were a healthy response. He said completing a plan is “half time at the football game” and expressed the importance of using the plan. He called the current City leadership the most “pro-mobility leadership there’s ever been.”
Director Good praised the community involvement and strategic placement of collection of community input all over the city in crafting the plan so that all areas of the city were represented.
Talicia Richardson, former head of 64.6 now named Mainstreet Fort Smith, spoke in support of the plan.
Director Morton mentioned the need for coordination between the plan and the Streets department especially in the Streets’ yearly plans for sidewalks. He also expressed concerns regarding bicycle safety in our city currently.
The Board discussed the results of the Street Department’s Comprehensive Safety Action Plan. The plan, funded by a federal grant, and approved to be conducted at the 9-5-23 meeting identified and prioritized projects to improve traffic safety and reduce the number of traffic accidents and fatalities. The plan allows the City to be eligible for future federal grants to implement the plan’s identified projects.
Nearly every week there is a crash with serious injury or fatality that occurs in Fort Smith. The fatalities per population rate in Fort Smith is better than the statewide average and better than Little Rock and Springdale but worse than Fayetteville or Edmond, OK. 67% of crashes occur on the main arteries. 55% happen in intersections. Crashes involving pedestrians, bicyclists, construction workers, and other people who are outside of motor vehicles only make up 5% of the serious injury and fatality crashes, but 31% of crashes involving people outside of vehicles result in serious injuries or death. Crashes involving people outside of motor vehicles occur more frequently at night than other crashes.
The top ten priority areas for improvement projects identified by the plan are
Garrison from 2nd to 14th
Rogers from 46th to 79th
Grand from 21st to 37th
Kelley Highway and 50th intersection
Towson from Phoenix to Raleigh
Jenny Lind from Jackson to Louisville
Rogers and Albert Pike intersection
Park from North Greenwood to North 35th
Kelley Highway and 32nd intersection
North B from North 6th to North 15th
The representative from Burns & McDonald who crafted the plan mentioned the “synergy” between the Comprehensive Safety Action Plan and the Move Fort Smith Active Mobility Masterplan. He mentioned that the Comprehensive Safety Action Plan had 600 responses to their survey.
Director Morton mentioned that ARDOT planned improvements may address concerns at 46th, 79th, and Rogers. The representative from Burns & McDonald agreed that those plans are consistent with the recommendations of this plan.
Director Morton mentioned that Garrison, Rogers, and North B that are all included in the plan are all state highways and that makes the City somewhat restricted in what they can do on those. He asked if State approval for the projects would likely be a smooth process or not. Burns & McDonald said that it would “require some coordination” but some projects like crosswalk improvements and signalization could be handled through a permit and simple reviews while bigger changes would be a larger process. He said that he has seen partnership agreements with the State where the city pays for the work.
Streets Director Meeker mentioned that additional safety improvements are being planned that were not included in the priority list in the plan like crossing improvements on Grand and at 15th and F near Darby Middle School.
The Board discussed a request for help with mowing from Fort Smith Cemeteries Inc., the non-profit organization that owns Forest Park, Holy Cross, and Rose Lawn cemeteries. The organization received assistance from the City last year when they could not afford mowing in the form of the City paying for mowing to occur without having to wait for the situation to be addressed through the standard cleanup lien process and liens would be placed on the property for the mowing cost until the City is repaid for the mowing cost. Fort Smith Cemeteries Inc. have since installed a new Board of Directors and have been working to improve their finances but are struggling to pay debts incurred under the previous leadership.
Neighborhood Services Property Maintenance Supervisor Gard spoke about the history of the situation with the cemeteries beginning with complaints the department received in 2020 from families. The owner of the cemeteries at that time had “walked away” from them and they were in disrepair with serious overgrowth, trash, debris, storm damage, knocked over headstones, and illegal dumping on the properties. In response to that situation in 2020, Neighborhood Services and volunteers from the community pitched in to get the cemeteries cleaned up and mowed. Since 2021 with Fort Smith Cemeteries Inc taking over ownership of the cemeteries, Neighborhood Services has seen improvements including monuments being reset, road improvements, grounds upkeep, and benches. However, since May, the situation with Fort Smith Cemeteries Inc.’s inability to afford to provide mowing is similar to last year.
Geffken agreed the organization is in the same position as last year. The City started filing clean up liens in June. The cleanup for June, July, and August has come out of the Sanitation Department’s Clean Up Fund and there are also prior clean up bills that have not yet been paid. Geffken mentioned strides being made in the organization’s journey towards financial health and ability to care for the properties themselves but said they are “not quite self-supporting yet.” He mentioned the organization paying monthly interest on their old debts calling that the “albatross around their neck.” He said the cost paid to King Irrigation for the mowing twice a month is $11,500 per month and that that cost is significantly lower than the estimates from other providers contacted for bids.
Director Morton mentioned that the State requires cemeteries to contribute to a perpetual care fund, but that the cemeteries are only allowed to withdraw the interest earnings from the fund. Lisa Welch with Fort Smith Cemeteries Inc. agreed and said that they have one trust for Rose Lawn and Holy Cross and one for Forest Park and that between the two trusts there are $785,000 in the trusts and that they contribute 20% of the revenue from sales of plots into the trusts but get to take very little back out. Last year they were able to take $7000 and before that it was $1300. Director Morton said it is “not in the best interest of the city to let those cemeteries deteriorate.”
Geffken suggested that the Board could vote at a future meeting on a appropriation from the General fund to replenish the funds used from the Sanitation Department’s Clean Up Fund and take on the currently owed expenses for mowing.
Mayor McGill called cemeteries “vital to the image of our city.” He said that many cities are responsible for the cemeteries in their city. He said “Families expect us to keep those places pristine.”
Director Rego expressed disapproval with the State’s policies regarding perpetual care funds and the “blizzard of bureaucracy” that caused funds to accrue and sit while only “small slivers of interest can be extracted”. He encouraged people to encourage their state level legislators to take action on the issue.
Geffken said “You can tell the quality of a city by how well it treats its dead.” He said that he and the Mayor “have pursued changes in legislation” at the state level regarding perpetual care funds.
Lisa Welch said that there is something currently in the works at the state level to help Fort Smith Cemeteries Inc. to apply to withdraw up to a total of 10% of their funds to be utilized for specific projects.
During the Citizens Forum section of the meeting, James Hughes addressed the Board regarding parking on Tilles and a neighbor who has put railroad ties in the right-of-way verge. He said of the neighbor “She’s taking over.” He spoke on this issue previously at the 7/16/24 meeting. Mayor McGill said “We will take that under advisement.”
Andy Posterick spoke in support of the Move Fort Smith Master Plan and Streets Comprehensive Safety Action Plan. He said that he is “primarily a cyclist for transportation” and that he has ridden 958 miles in Fort Smith so far this year. He expressed his willingness to help out in the plans. Mayor McGill asked Mobility Coordinator Mings to make sure Posterick is included.
Richard Morris spoke about blight resulting from water leaks when the water leaks undermine streets, sidewalks, retaining walls, and foundations, and when sink holes form. He mentioned a sink hole that formed in his alley that the City dealt with. He mentioned seeing a leak on North 5th being fixed. He praised the City’s efforts to reduce leaks but said he would “like to see the momentum accelerate.” Director Morton said that he was glad to see the 5th street leak being fixed and thanked Morris for calling in to report the alley sink hole so that it could fixed on a timely basis. Director Good said that that sink hole was not the only one recently, mentioning one that formed under a driveway and a car fell into the hole. He called fixing leaks something “we need to stay on top of” and said “I’m sure we will.”
During the Officials Forum section of the meeting, Administrator Geffken mentioned that the business that intends to move into the building that was fomerly Trane’s residential air unit manufacturing facility at 4811 South Zero has been cleared by the State Attorney General to move in and do business. The City has already approved their business license. Geffken said that the new business opening is “moving forward at a great speed.”
