Highlights of the Fort Smith Board of Directors Meeting 8/15/23
At the Fort Smith Board of Directors meeting held 8-15-23, in the absence of Director Morton and with Director Christina Catsavis leaving early and Director George Catsavis leaving before the start of the Executive Session, the Board voted unanimously to contract with Mammoth Sports Construction for the creation of a master plan for a baseball stadium complex to be built on Riverfront Drive. The total cost of the master plan will be $150,000, but the owner of the property Bennie Westphal, will be paying half of the cost and the City will pay the remaining half for a total final cost to the City of $75,000.
Matt Perry from National Sports Services spoke about having been in contact with the city and with Westphal about building a stadium here for about 2 decades. He mentioned that the focus currently is on a stadium that “has all it needs” but takes an “economical approach”. The master plan will look at finding the right plan for the stadium complex, how to get it funded, economic impact, and how it fits in with the riverfront neighborhood and the rest of the community. National Sports Services will be bringing in a baseball franchise.
Dave Fulsom from Mammoth Construction detailed the masterplan process. First they meet with user groups, then gather info including surveys of utilities and environmental assessments, then they plan how to meet the needs and create a spreadsheet for the facility, then they make design pictures including 3D models, and finally present the plans to the community. The plan for the Fort Smith facility would be for it to be a multi-purpose venue. In addition to the professional baseball franchise, it could potentially host UAFS baseball, summer collegiate baseball, softball, soccer, football, concerts, the Mayor’s 4th of July Celebration, and festivals. The venue would likely start with around 1500 grandstand seats. The focus for a Fort Smith facility will be on a budget-friendly design. Administrator Geffken said that the best plan would be to start with a basic stadium “reasonably priced, well designed, and can grow”. Geffken also mentioned that the master plan would be for not just the stadium itself, but for the entire riverfront, including the remaining 30 acres that are undeveloped (all 30 are owned by Westphal). The last masterplan for the riverfront was conducted 10 years ago.
Geffken asked how many acres would be needed for the complex. Perry and Fulsom answered that it would probably need 7-8 acres for the stadium and another 6-7 acres for parking to accommodate 600 cars.
Director Good expressed support for the idea but said “My question is will it be used? and how will it be maintained?”. Geffken answered that a management company will run it. Perry said that National Sports Services offers services to make it “turn key” and expressed a desire to be considered as the management company saying “We’re prepared to play.”
Director George Catsavis asked about the estimated cost of the facility. Fulsom answered $10 million. Director George Catsavis asked how other cities have payed for their facilities. Perry responded that it is typically a combination of public tax payer money and private money and that things like naming rights and long-term leases are common.
Director Christina Catsavis asked if there has been any interest from anyone regarding soccer. Geffken answered that there has already recently been contact from 2 different professional soccer leagues about soccer on our riverfront. They have already expressed their interest in taking over the soccer fields at John Bell Junior Park in a public private partnership (like the one at Kelley Ballfields).
Director Rego called the baseball stadium a “very exciting thing” and suggested that the design for the stadium be constructed so that you could look out and see the river over the outfield.
Director Martin asked about the land being in an Economic Opportunity Zone and how that might apply to the facility economically. Geffken said that while the opportunity zone has to have a specific fund created to invest in the project, there may still be potential for tax credits and a couple of other “interesting funding methods”. Director Martin called the project “exciting” and mentioned the importance of infrastructure and amenities within walking distance of the stadium. Perry said that Martin’s thoughts about infrastructure and nearby amenities were “spot on” and that the master plan is about “creating a destination”.
Director settle said that he suggested a baseball stadium back in 2008. He praised the stadium saying that the project would be part of “transforming our city from what it was to what it can be”. He shared his vision of players hitting home runs into the Arkansas River.
Mayor McGill expressed support for the stadium saying that “Amenities are gonna be key to the direction we want to go”.
The Board voted unanimously to buy out 5 residential properties that have repeatedly flooded but the cost to the City to purchase them would be less than the cost to fix the drainage issue that would prevent the flooding. 820 Hillside Drive will cost $227,000, 824 Hillside Drive will cost $184,000, 1317 Gary will cost $253,000, 1321 Gary will cost $187,000, and 1323 Gary will cost $145,000 for a total cost of $996,000.
Director Settle asked what the properties would be used for and inquired if they could possibly be re-sold with an added zoning requirement that houses be built raised up like on stilts. Engineering Director Snodgrass said that this area would likely become green space or a neighborhood park, and that some flood-prone buyout areas might be suitable to become parking lots, but that he would “highly discourage letting someone put a house there.”
Director Good inquired about how or why these properties are being addressed more quickly than flood-prone properties on Stanard off Kinkead. Geffken responded that when those properties were initially addressed there was little interest from the owners in the City’s buyout program and instead those properties were made part of a FEMA grant buyout program and that WAPDD is working with the owners of those properties to buy them with grant money. Director Good mentioned the frequent flooding problem on the North Side and that the solution to that flooding issue is “humongous” and expensive and that in the meantime until if/when that problem is solved that property owners on the North Side that are frequently flooded should be contacted about the buyout program. Mayor McGill agreed about notifying residents about the 2 active programs they can access.
Director Rego suggested that the flooded residence buyout program might be considered for increased budget during the next budget planning season.
The Board voted unanimously in favor of contracting with Hawkins Weir Engineering for $194,580 for the engineering of the Reach 1 phase of the Maybranch drainage improvement project.
Director Rego asked for clarification on this project saying that the $30 million cost for the total Reach 1 phase “doesn’t strike me as particularly realistic” and “I’m baffled”. Geffken explained that if Reach 1 is separated from the rest of the Maybranch drainage plan and the City assumes responsibility for it, then it will cause the cost/benefit ratio for the rest of the project to improve enough that the federal Corps of Engineers will pay for 75% of the rest of the project. Separating off Reach 1 and paying for it will result in a potential $75-100 million coming in from the Corp of Engineers. Snodgrass said that in order to unlock the federal funding the Reach 1 project must be able to show that it is “well on its way”. Director Good said that “Well on our way is still beyond our reach right now.”
Director Martin asked how the proposed Acme Brick Park detention pond could affect Reach 1. Snodgrass said that it would lessen the need, but would not be enough to eliminate the need for Reach 1.
Director Settle expressed frustration that he felt that the federal government and the Corps already were reneging on funding they promised in the past and expressed concern that even after we do Reach 1, they may not make good on their promise again.
The Board voted unanimously with no discussion at the meeting to enter negotiations with private property owners on 2 parcels of land near the airport that may be desired for economic development or for airport expansion related to the Foreign Military Sales program coming to the Ebbing Air National Guard Base. The vote at the 8-15-23 meeting was only to enter into negotiations with the property owners, any purchase would have to come back to the Board for a vote at a later date.
The Board voted unanimously without discussion at the meeting to accept a bid from Township Builders for $2,594,347 for replacing 1500 ft of existing earthen drainage channel with a U-shaped concrete channel running between Briarcliff to Grinnell near the Harvest Time Church.
The Board voted unanimously with no discussion at the meeting to purchase 5 Dodge Chargers and 4 Tahoe SUVs for the Police Department. The entire purchase of all 9 vehicles and the police equipment upgrades will be a total of $565,632.57.
The Board discussed a contract with Mickle Griffin for $189,016 for engineering for a roundabout at the intersection of Free Ferry and Albert Pike. Either a roundabout or a stoplight was suggested by the recent traffic safety study as a way to reduce accidents at that location that has been the site of a high rate of accidents. The roundabout is the more long-term cost effective option over the stoplight. While the initial costs of the both are relatively the same (because in addition to the signal the road would have to be widened and a left turn bay added), the long term costs of the roundabout would be lower.
Carmen Goits who lives near the intersection spoke against the proposed roundabout. She said that her neighbors are against it and that she contacted Trinity Junior High and they are also against it. She called Free Ferry the “last showcase street in Fort Smith” and called the roundabout “extreme measures”. She said when a roundabout there was proposed 10 years ago, it was priced at $1.8-1.9 million at that time and called that price “a little unnecessary”. She also expressed concern about old trees having to be taken down to build the roundabout. She suggested a stop sign would be enough instead.
Matthew Cobb who lives in the neighborhood called roundabouts “chaotic and dangerous”. He said that they are typically built in outlying areas, not in residential neighborhoods. He suggested a stoplight during the congested times (8-9 AM, 3 PM when Trinity lets out, and the 5 PM rush hour) and a flashing read light the rest of the time instead. He expressed his view that the costs of the study could be better spent elsewhere including on fixing water leaks.
Pat Lucy who lives in the neighborhood called the current traffic on Free Ferry “horrendous”, especially the 18-wheelers and “dragsters” that she said use the road at over a 100 miles per hour. She said that she has never seen a roundabout in a residential area. She expressed concern that it will bring more traffic since they don’t have to stop. She said “We need slower traffic, not more and not faster.”
While Director Rego acknowledged the strong opposition to the roundabout from the people present in the audience, he expressed his support for it. He expressed concern for it being the #10 top spot for accidents in the city. He also expressed concern that the intersection doesn’t even have crosswalks or sidewalks for pedestrians. He mentioned that in Colorado Springs where he used to live, that the nicest neighborhood in town there, one very similar to the Free Ferry area here, has numerous roundabouts.
Director Martin said that he has received nothing but negative feedback from citizens regarding the roundabout.
Director Settle motioned to table the issue and move it to a future study session because at that point in the meeting both Director Morton and Director Christina Catsavis were absent and he felt like the issue needed further discussion and consideration with the entire Board present. The Board voted unanimously to table the issue. It will be added to a future study session meeting agenda.
The Board voted on whether to purchase 21 automated license plate reader cameras from Flock Safety. The readers will be placed at locations determined by crime data and can read license plates and gather identifying descriptions of vehicles but will not capture images of people. Some uses the Police Department mentioned for the system would be to identify vehicles involved in crimes and missing persons and Amber Alert cases. Several other cities in Arkansas including Van Buren, Barling, Greenwood, and Little Rock already use the same system. The contract is for two years and the system will cost $69,650 for the first year and then $65,500 for each year after that. State asset forfeiture funds would be used for the initial $69,650 for the first year to install the cameras and initiate the program, but the City would be responsible for the $65,500 per year in future years.
Director George Catsavis said that he has “Been pushing for this for a long time”. He clarified that it is a plate reader, not a red light camera. Police Chief Baker agreed saying that it is “not an enforcement tool, but an intelligence tool.” He said “If you don’t commit a serious crime, go missing, or abduct a child” you won’t notice the Flock system.
Director Rego said that he is “100% in favor of this”.
Director Martin said “I’m not for this.” and expressed concerns about information collected and stored and how it could be matched up later resulting in “infringement on a lot of the things we hold dear”. He expressed his “considerable concerns from a privacy standpoint”. Amy Cornell with Flock Security said that Director Martin had “very valid concerns and excellent questions”. She clarified that the system primarily reads plates, but could identify vehicles if they don’t have plates, but the identification is more like the make and model and that it has a roof rack and a bumper sticker (but it cannot read the bumper sticker) and doesn’t collect pictures or information on the occupants of the vehicle. The information is stored securely and only available to the Police and the Police Chief decides which officers have access to it. Information accessed must be tied to a crime being investigated and verified by a person. Director Martin expressed his concern that a warrant isn’t required to access Flock data like is required to access cell phone data.
Director Good praised our Police Department and that they have done “such a magnificent job” but acknowledged room for improvement in combating teen crimes. He expressed that the Flock system might help some in that area. He also called the plate reader a “positive tool” to prove “That’s not our guy.”, especially highlighting the potential for that to have a positive impact on minority drivers.
Director Settle said “Cameras are everywhere” and mentioned that turnpikes and toll roads have them. He expressed his view that if it helps save “one kid” it will be worth it.
Director Rego mentioned that no warrant is needed to put out an APB and that expectations of privacy while driving on a public road are low. He asked Chief Baker if he had heard of any problems with people being unduly apprehended or having problems with privacy concerns in the two years that Barling has been using the system. Chief Baker said he not heard any.
Director George Catsavis said the police can run a license plate without a warrant and that the automated cameras are no different.
Fort Smith resident Nate Griffin spoke in opposition to the Flock system. He expressed concerns about how the system might be used improperly in ways that are not appropriate or legal. He mentioned how it might especially be used unfairly in relation to race and economic classes. He said that it could “ultimately get perverted and used against the people”.
Director Martin suggested improvements that might make him more comfortable with the system including non-hit results being deleted after 3 minutes instead of being stored for 30 days.
The motion to purchase the system passed with all of the Directors except Director Martin voting in favor of the purchase.
During the Executive Session, Ted Neal and Greg Williams were reappointed to the Mechanical Board of Adjustments and Appeals and Sam Hanna was appointed to the Parks and Recreation Commission.
