Highlights of the Fort Smith Board of Directors Meeting 8/20/24

At the Fort Smith Board of Directors meeting held 8-20-24, which ran longer than usual (a full 4 hours) and featured a lot of citizen participation, the Board voted unanimously to approve Ecotech Consumer Products to operate at 4811 Zero (the former Trane residential division manufacturing facility). The Board has to approve all property purchases and developments by foreign entities near the airport as a part of the new Military Compatibility Overlay District rules. There was confusion where it had seemed that there was Chinese ownership of the facility when there was not after all. The Arkansas Attorney General investigated and concluded that Ecotech would not be in violation of Act 636 of 2023. Director Christina Catsavis mentioned that the company is mostly owned by Olivet International, a company out of California. Ecotech has another facility already operating in Northwest Arkansas.

Director Martin asked if the Board would still need to approve the development since it is not foreign after all. City Administrator Geffken agreed that after it had passed the Attorney General’s investigation that the Board did not really need to approve it, yet especially after press coverage of the investigation and confusion about ties to China, approval would would make the “Board’s intentions clear that we are welcoming them to Fort Smith.” Geffken said that the plant will employ 100-250 employees and will be doing injection molding of recycled plastic jugs and containers.

Director Morton spoke to welcome Ecotech to Fort Smith and said that it is “really great that they’re coming here.”

The Board voted to table the issue regarding whether to lease the County’s half of the Parrot Island Water Park for $1 per year resulting in the City of Fort Smith having sole control of and responsibility for the park instead of sharing control jointly and splitting financial responsibility equally with the County. The issue was tabled until the 9-3-24 meeting to allow more time for additional negotiations with the County on the lease as well as for it to be included on the same meeting agenda as a vote on whether to purchase a set of 5 new water slides for the park. The lease and purchase of the slides were both originally discussed and tabled at the 8-6-24 meeting.

Director Morton and Director Christina Catsavis expressed concerns about the language regarding the word “reasonable” in regards to additional parking. They felt the term “reasonable” was too ambiguous and want more concrete wording. Director Morton wants to study the water park financials more closely including the cost of insurance and estimates for deferred maintenance.

Geffken mentioned that in response to comments made at the previous meeting the County Judge was asked about just giving the City sole ownership of the park and the County Judge said no to that.

Director George Catsavis said “I am suspicious of this whole deal.” and said “If we sign a lease with them we’re gonna get the short end of the stick.” He also expressed a desire to look into American Resort Management that runs the park to see if there are improvements that could be made in efficiency.

Director Morton mentioned that the County’s financial situation has been in the news recently saying “People should know it. Look it up.”

The lease issue was tabled with all but Director Martin voting in favor of tabling.

The Board voted to appropriate $85,000 to pay King Irrigation for the mowing and landscape maintenance conducted twice per month at Rose Lawn, Forest Park, and Holy Cross Cemeteries from June through December 2024. The cemeteries are owned by Fort Smith Cemeteries Inc. and liens will be put on the properties until the City is repaid for the costs. The issue was discussed at the 8/13/24 study session meeting.

Neighborhood Services Director Shawn Gard said that the complaints about the cemeteries being in serious disrepair that used to pour into his department have stopped entirely since Fort Smith Cemeteries Inc took over the cemeteries in 2021. He said “These cemeteries have been turned around.” Geffken explained that the former leader of Fort Smith Cemeteries Inc took out a large line of credit from a local bank in the organization’s name and that the current leadership is honoring the debt and paying the interest on the debt monthly. The principle on the note is $600,000.

Director George Catsavis expressed concern about spending $85,000. He said “We shouldn’t be on the hook for bad business from them.”

Director Martin asked how long it might be before Fort Smith Cemeteries Inc will be able to afford to maintain the cemeteries on their own and said “We do have to have some accountability.” Gard answered that “the ship is being turned around” and the new Fort Smith Cemeteries Inc Board that is in place is “trying to eliminate dependency” on the City with the goal of not needing assistance next year.

Director Good mentioned the illegal dumping that happens at cemeteries. He also said “Whether it’s our mess or not, it’s our city.” and that it is not the first time that the City has helped an entity with maintenance to address blight.

Director Rego called it “unacceptable” to allow the cemeteries to fall into disrepair. He mentioned that a public/private partnership would be cheaper than bringing the properties into the City maintenance list. Gard agreed that it would be cheaper.

Director Settle asked if there was anything that could be done legally to the former owner of the property or the former leader of Fort Smith Cemeteries Inc to hold them accountable rather than the current non-profit and its current leadership. Geffken said that he and the Mayor and the banker to whom the line of credit is being repaid met together and that they did look into that but the former leader who took out the loan “had no assets left to speak of.”

Director Morton said that the “City cannot stand by” and let the cemeteries become overgrown. He said “I don’t like putting this money out either” but that the City are “kind of boxed in.” He mentioned that while the organization is paying interest on their loan the principle is not going down. He said the City needs more oversight on the monthly or quarterly financials.

Director Good said “things happen” and organizations get behind. He told about a family that recently experienced an unexpected death of a child and that Rose Lawn made it possible for them to provide a respectable burial for the child.

Director Christina Catsavis said “We need a long term plan.” In support of the allocation for the cemeteries, she said that the City “throws around millions freely” for things like recreation so “This isn’t something I have to think a whole lot about.”

The Board voted to allocate for the maintenance of the cemeteries with all but Director George Catsavis voting in favor of the allocation.

The Board voted unanimously to approve The Social Club to apply for a private club alcohol license to operate at 5400 Gary. Director Settle expressed concerns that there is only one one road in and out of that area and that he worried about that at “2 in the morning around houses.” Director Good mentioned that in recent discussions regarding the Tree Tops residential development going in across from that address that it was discussed that there are actually 2 ways in and out . Deputy Administrator Rice clarified that serving alcoholic drinks would be an accessory use, for the fitness center members only at the restaurant inside The Hangout fitness center. It would not be like a brand new stand alone bar for the public at-large. Director George Catsavis mentioned that the owner is also the owner of the local La Huerta restaurants.

The Board voted unanimously to approve an additional $201,000 on the professional services contract with Burns & McDonnell for their consulting services on the Consent Decree sewer work.

Director Christina Catsavis expressed frustration that there are consent decree sewer items on nearly every Board meeting agenda yet the Department of Justice still gives the sense that they feel the City are “not doing enough.” She said that the City needs to find a better way to communicate all that Fort Smith is doing to satisfy the consent decree. Geffken said that the DoJ watches all of the Board meetings. He said that “We are getting closer.” and “There’s gonna be ups and downs.” Director Christina Catsavis said “We take it very seriously.” and “More time is what we need.”

Director Morton asked if the last hydraulic study was conducted in 2015 and they are supposed to be conducted every 5 years if we are late already on it per the consent decree. Utilities Director McAvoy answered that it is still on time because it was delayed in the consent decree until this year. Director Morton expressed his frustration with the lack of funding to move forward faster with consent decree projects.

Director Settle said that by voting in 2022 to approve the sales tax for consent decree sewer work and freeze sewer rates that “Our citizens did the work” and it is time for the DoJ to negotiate.

Director Good said of the federal government that “They know our situation” and still are “simply not satisfied with the amount of work being done.” He mentioned that the fines being paid for violations to the consent decree could be better spent going to consent decree sewer repair work. He also said inflation is “killing us.” Director George Catsavis asked if anyone had asked about being able to direct fine money to consent decree work instead. Geffken said that the government said no that it is “their way to ensure compliance.” McAvoy said that the number of sewer overflows is declining so the work being done is “accomplishing the goal” of the consent decree.

The Board voted unanimously to contract with Patriot Utilities for $999,589.50 for consent decree sewer work. The cost will be funded by the sales tax for consent decree sewer work. These projects are the last remaining piece of a project that was previously bundled and did not receive any bids and then was broken up and re-bid. Patriot was the only bidder for this contract. The City reached out to two other companies that did not bid that they hoped might be interested and one said that they had more work than they could do already and the other it was not a big enough project for them. The estimate for the project was originally $560,000-$570,000.

Director Christina Catsavis asked about the savings from breaking the original large bundled project up. McAvoy said that there was about a 10% savings and that with the original bundle it would have been done by 12-31-24 and now it will be done by 12-31-25. Director Christina Catsavis said that feedback from contractors during discussion of the bundled project indicated a need for a 12-31-25 end date. McAvoy mentioned that the contractor that contacted the Board in opposition to the original bundled contract did not bid on any of the projects that it was broken down into. Director Morton said the unbundling and re-bidding saved a million dollars and will be completed on time.

The Board voted to table the issue regarding whether to approve the Move Fort Smith Active Transportation Master Plan for active transportation like walking and biking. The plan was discussed at the 8-13-24 study session meeting.

Joe Elsken spoke in support of the plan. She expressed her view that safe walkability “improves the attractiveness of our city” while it is competing against cities that already have that infrastructure and those that have more money. She also mentioned that the Old Rail Road Trail needs upgrades.

Christine Booker spoke in opposition to the plan. She expressed concerns about using federal grants to fund the projects as they would come with stipulations. She expressed concerns about more regulations that would lead to not being allowed to drive a car and having to have an e-bike. She said “I don’t wanna be Austin or California.” “I want to be Arkansas.”

Sue Brucker spoke in opposition to the plan. She expressed concerns about the federal grants resulting in federal government control and governmental overreach. She suggested that the projects could instead be funded incrementally by local collaboration.

Jessie Watson spoke in support of the plan. She uses a wheelchair and said that she has been told in job interviews that interviewers don’t consider the bus to be a reliable mode of transportation. Being able to travel in her chair safely would be useful to her. She said that one quarter of the residents of Fort Smith are disabled, “way over the national average” and praised that the plan was geared toward disabled people.

Weston Jones, who served on the steering committee that crafted the plan, spoke in support of the plan. He told of how while using paths he made lifelong friends, discovered “freedom” on a bicycle, and was able to safely travel to the church that eventually lead to his career.

Tina Burris spoke in opposition to the plan. She expressed concerns about it being “controlled urbanization”. She also expressed concerns about the active transportation paths not being used in bad weather. She expressed dissatisfaction that the plan was not brought to the people for an election vote.

Crawford County resident Kim Ferguson spoke in opposition to the plan. She expressed concerns about the federal grants having “strings attached” and that that would lead to federal control taking away local decision making ability. She also expressed frustration at the huge size and number of pages of the Move Fort Smith Plan and the Comprehensive Safety Action plan.

Valeria Kisch spoke in opposition to the plan. She mentioned having grown up in communist Hungary and said that the plan has “hallmarks of a globalist communist agenda.” She expressed concerns about it leading eventually to eliminating car usage and controlling freedom of movement. She said “Trails sound wonderful until they become a must.”

Joey McCutcheon spoke in opposition to the plan. He mentioned that Geffken has applied for a $25 million grant that is not included in the plan. He expressed concerns about the cost of the City’s required contributions to projects that receive grants. He also mentioned the “hypocrisy” of the plan with the Board members not running or biking to the meeting.

Andy Posterick spoke in support of the plan. He mentioned that paths are a way to reduce costs because they are cheaper than roads and cheaper to maintain. He said that they make it easier to drive less. He currently uses a bicycle as his primary mode of transportation and says that the only thing that keeps him from riding more is unsafe infrastructure. He mentioned that active transportation reduces the need for parking. He said that he did ride his bike to the meeting.

Barbara, a Fort Smith resident, spoke in opposition to the plan. She mentioned the Davos global plan to do away with gasoline vehicles. She said that we do need more sidewalks but expressed concerns about the strings tied to federal grants.

Brian Smith spoke in opposition to the plan. He said “We can do this as a city. You don’t need federal funding.” He said “I like this throw-back city. I’d kinda like to see it stay the same.”

Micheal Rich spoke in opposition to the plan. He expressed concerns about the plan’s focus on equity, diversity, and inclusion. He said it is “not traffic engineering but human engineering.” He read a story from a woman who was not present about her issues with a sidewalk being built in the alleyway behind her house and the construction blocking access to her garage for weeks and breaking her water line.

Carrie, a Fort Smith resident, spoke in opposition to the plan. She expressed concern about the federal grants and the trails being connected to a “federal highway of trails.” She expressed desire for an economic impact study of the projects in the plan including the return on investment and the costs of maintenance and police protection for the paths. She mentioned that in other cities paths have become overgrown and tent cities form along the paths.

Marion Folden spoke against the plan. He said that he rides his bicycle 10 miles 5 times a week, but rides for leisure not for transportation.

Lisa Sellers spoke against the plan. She expressed concerns about that part of path connecting to Riverfront Drive is a private drive and that she would not want to have to open access to a private drive on her property. She expressed worries about trespassing, gunshots, illegal fishing and hunting, and a dead body.

Keley Simpson, a member of the steering committee that crafted the plan, spoke in support of the plan. She mentioned that she is the First Presbyterian Church Missions Coordinator and that many of the people she interacts with in that capacity are poor and have to walk and bike. She praised the plan creating safe opportunities for the people who cannot afford a vehicle to travel safely to work. She mentioned that it is currently dangerous for people to travel by wheelchair down Towson.

Terri Hargrove spoke in support of the plan. She said that grants are an “awesome opportunity” and grant stipulations are to “help keep us honest.” She praised that the plan cares about the less privileged. She mentioned that she works at Harbor House and that many people she interacts with in that capacity do not have a license to drive so trails will help them get to work safely. She also praised the plan’s plans to provide safe pedestrian routes to elementary schools instead of having to wait in a car pickup line.

Adam Harbote spoke in support of the plan. He mentioned enjoying biking with his wife and kids, however he also mentioned having some “fear and anxiety” about biking after having been struck by a vehicle. He said that there is “no culture of mobilization” here and expressed hope that the plan would encourage people to “adapt” to the culture to increase safety.

James Gilz spoke in support of the plan. He mentioned trails being a feature that would bring in families and workers. He called it “incredibly fiscally responsible” to go for grants.

Sam Hannah, who served on the steering committee that crafted the plan, spoke in support of the plan. He said that the proposed projects would help the oil and gas company he works for recruit geologists and engineers. He said that the “political motivation” was a misleading distraction and the plan is “not ideological” but “practical.” He said that using federal grants is common practice across the nation. He said that there were numerous opportunities for community input in the crafting of the plan.

Shawn Messick spoke in opposition to the plan. He mentioned that he worked in transit for 15 years and worked in grants. He spoke against the federal grants saying that there are “better ways to do what we need done” and that we “don’t need that money. There’s other money.”

Joe McCutcheon spoke in opposition to the plan. He mentioned Agenda 21 and that its real goal is greater police presence, taking cars off streets, using passenger trains and the “real goal of Agenda 21 is one world government.” He questioned the purpose of the trails.

Director Settle said that he hasn’t read the Move Fort Smith plan and that tabling the issue would give him time to read it.

Director Rego said that the Move Fort Smith plan was written because the previously existing Trails and Greenways Plan had not been updated since 2004. The Comprehensive Safety Plan was written to analyze traffic fatalities and accidents. He pointed out that the plans “obligate no money.” He said “We struggle to maintain cemeteries, fix water leaks. Do you think we’re even capable of taking your cars?” He asked with communities all across the country applying for and receiving grant funding “Why shouldn’t we be in the running?” and why Fort Smith should subsidize improvements in other places without pursuing a share of grant funds for themselves.

Director Morton asked Grants and Government Relations Manager Hoover if there are any unusual requirements for the grants beyond making sure that we “do what we say we will do” with the money. Hoover answered “No, sir.” Director Morton confirmed that once grant money is spent and then it is audited by the auditors to show that it was spent as it was supposed to be that the City doesn’t hear from the federal government again after that.

Director Martin mentioned that the Move Fort Smith Master Plan and the Comprehensive Safety Action Plan are long plans and include proposed policy changes. He said that even though he has had the plans for a couple of weeks he would like more time to look at them.

The Board voted unanimously to table the issue until the second meeting in October.

The Board voted to table whether to approve the Comprehensive Safety Action Plan for traffic safety improvements. The plan was discussed at the 8-13-24 study session meeting.

Kim Ferguson spoke in opposition to the plan. She said she is “not against any of the safety plan” but is in opposition to the use of federal grants. She said that “cookie cutter plans” start at the United Nations and then the UN plans go to each city and each city presents and approves it. She said “I don’t wanna be Fayetteville” and “People want autonomy.”

Director Rego asked Steve Beam of Burns & McDonnell who crafted the plan if any UN materials were used when writing the plan. Beam answered “No, sir.”

Joey McCutcheon spoke in opposition to the plan. He said “It seems like the City has more money than they know what to do with.” He said “People cause accidents. Street signs don’t.” and said that many accidents are caused by distracted driving.

Talicia Richardson spoke in support of the plan. She mentioned having to run home from work at night as a teen and being concerned for her own safety and later as a mother being afraid for her son crossing the streets to walk to Darby. She also expressed concerns about the fatalities on Grand.

Director Morton mentioned serving on the committee that crafted the plan. He said there was nothing discussed other than where car crashes are and how to improve safety. He mentioned the elevated safety risks on the extra wide streets like Garrison and Grand.

Director Settle motioned to table the issue to the 9-17-24 meeting because he hadn’t yet gone over the plan. He asked about the State highways being included in the plan and if ARDOT had gone over the plan yet. Streets Director Meeker said that a lot of city streets intersect the highways and that the City maintains the traffic signals there. He said that his department is concerned with the safety of the citizens whether the roads are City or State roads. Director Settle suggested Streets meet with ARDOT regarding the plan. Director Settle asked how Park Avenue with two bike lanes would reduce accidents. Meeker said that it would reduce lane width and result in reduced speeds.

The Board voted to table the issue until the 9-17-24 meeting with Director Rego, Director Good, and Director Morton voting against tabling.

The Board voted to table applying for federal grant funds available as part of the Bipartisan Infrastructure Law to be used for planning for active transportation safety improvements on Grand Avenue and a partial bike lane with sharrows along Park Avenue and Kinkead from North Greenwood to Albert Pike to Kinkead to Waldron. The grant would be for 80% of the projects with the City covering 20%. The total for the planning on Grand would be $300,000 with the City’s share being $60,000. The total for the project on Park would be $1,250,955 with the City’s share being $250,191.

Director Morton asked with the grants just being planning and demonstration grants if the Board can decide they don’t want to go any further with implementing the projects and want instead to back out. Hoover confirmed that they could back out. Director Morton asked Meeker if there is any element with these grants regarding the federal or state government that concerns him. Meeker answered “No. There is not.”

Director Good said that before Hoover was hired that the Board wanted a person on staff who could concentrate on seeking grants because the Board “believed in what grants would be able to do for us.”

The Board voted unanimously to table the issue until the 8-27-24 meeting and because the grant applications are due 8-29-24 even though 8-27-24 is a study session meeting a special meeting will be called that day to be able to vote on the Grand pedestrian improvement planning and Park and Kinkead bike lane grants immediately before the study session meeting begins.

The Board voted unanimously to approve applying in partnership with Van Buren and Greenwood for federal grant funds from the Department of Transportation to install electric vehicle charging stations in Fort Smith, Van Buren, and Greenwood.

Jo Elsken spoke in favor of the grants saying “grants do not allow the government to control you.” only “are you complying” and doing what you said you would do with the money. She said the City needs to spend its money on the sewer and use grant money for other things.

The Board voted unanimously with no further discussion to purchase a tri-axle dump truck from Carco International for $199.999.68 for the Streets Department to facilitate starting a full-time ditching crew.

The Board voted unanimously without further discussion to issue permits to collect and dispose of non-residential solid waste to Raggio Roll Off and H&A Junk Removal. The permits will be for 2 years at a 5% franchise fee.

The Board voted unanimously to contract with MAHG Architecture for $264,880 for the designs for the renovations of the existing buildings at 8200 Highway 71 South to be turned into the new second police precinct and police training facility. The costs of the contract will come from the sales tax for Police.

Director Morton asked how many officers would be in the new precinct. Police Chief Baker said that is would be done in phases, starting with moving the training facility out of the rented County building. That phase would involve 10 employees. The next phase would be the second precinct with “hopefully 100 employees in that facility.” Baker hopes to someday see the same manpower at the second precinct as downtown. He expressed that it will be a “second precinct, not a substation.”

During the Officials Forum section of the meeting Director Martin mentioned hearing concerns from the public about that people will be fined if they feed stray dogs and cats. He said that the spirit of the ordinance was so that food was not left out unattended where it could attract raccoons and other pest, not to prevent people from feeding stray animals.

Director Morton said “We can’t penalize feeding a starving dog. We can’t do it.”

Police Chief Baker said that the animal warden was doing their job informing the citizen about the ordinance and that no enforcement action was taken. He said that the ordinance says that you can’t leave food unattended but that you can feed animals so long as you are present.

Director Martin said “The City looked heartless.”. He said “I’m on the same page” as the ordinance.

Director George Catsavis suggested that a press release be made to make it clear to the public that feeding animals is fine so long as you are present but that you may not just leave unattended food out. Geffken agreed to make the release.

In the Executive Session section of the meeting, Beth Presley was appointed to the Housing Authority, Chris Raible was reappointed to the Parks and Recreation Commission, Shawn Kispert was appointed to the Parks and Recreation Commission, and Phillip Doss was reappointed to the Port Authority.