Board talks new trash term, water park process

Trash is still proving to be a divided issue for the Fort Smith Board of Directors.

At issue during Tuesday's (May 14) noon study session was the possibility of changing city regulations that define what constitutes a residential customer and what constitutes a commercial customer.

According to a memo by Fort Smith Department of Sanitation (DOS) Director Baridi Nkokheli, a commercial customer is currently defined as "any customer whose use of a premises owned, leased, occupied or managed by such customer is for a purpose other than residential or is a residential use consisting of more than four residential living units for with solid waste is collected and billed to a single customer."

The memo to the Board continued by saying, "Each owner or agent of a multi-family structure of over four units shall have the option of being charged under commercial collection rates, provided that a suitable container as provided for in the definition above is available."

By contrast, the same memo defines a residential customer as, "any customer whose use of premises owned, leased, occupied or managed is for a residential purpose in a single-family structure, duplex structure or multi-family structure with no more than four living units."

While the ordinance has been clearly defined, Nkokheli told the Board on Tuesday that there are at least 120 residential properties within the city that are not in compliance with Fort Smith municipal code, including single- and multi-family properties.

ORDINANCE PROPOSAL
To correct the problem, the DOS has notified each property owner of the department's intent to move the properties into compliance. But the move to compliance has been fraught with difficulties in some cases for the property owners and in some cases, the DOS.

The memo outlines three of the challenges:
1. The layout of the property and the ability of the collection vehicles to enter and leave the property;
2. Numerous living units on a single property with insufficient space to accommodate carts; and
3. The large number of carts required for some multiplexes detract from the aesthetics of the property and the surrounding neighborhood.

To deal with the challenges, Nkokheli and his staff recommended the following changes to Section 25-261 of the municipal code, originally written in 1976:

• Change the commercial definition to include four residential units per building structure, instead of the current definition of residential use consisting of more than four residential living units; and
• Strike a provision regarding billing the fee to a single customer, which would then allow billing of individual residences.

The DOS also wants the updated definition of residential use to be, "any structure used principally as a place of habitation with facilities for living, sleeping, eating, cooking, and parking, whether owned or rented by the occupants thereof, and shall include any single family house as one unit, any duplex as two units, any triplex as three units and any quadplex as four units. Any individual unit within a multiplex shall be included as one unit."

FRAMEWORK FLEXIBILITY
Nkokheli also said the DOS should be given some legal framework to be allowed to make decisions on a case-by-case basis regarding whether to allow a residential structure that does not fall within the commercial guidelines to receive dumpster service.

In addition to asking for the decision-making authority, he also asked the Board to consider imposing a "per living unit" rate for residential multiplex units, similar to the "per household" rate in place right now. The rate, Nkokheli said, would be less than the household rates, which will be an average of around $13 a month starting July 1.

The per unit rate, Nkokheli said, would give residents similar services to households, but not all of the same services.

The proposal for a rate decrease did not sit well with Vice Mayor Kevin Settle, who said he was comfortable with other many of the other proposals presented, just not the rate change.

"If we're going to change the rate for a certain rate of customers, we should change the rates for everybody in the city. I don't like that idea because most of those residential people are going to be throwing trash away, not recycling, and so there are other costs at the landfill area, so I am not in favor of a different rate for multiplexes."

Settle's argument was challenged by Nkokheli.

"We understand that they do not utilize all services that are available to them for $13.28 a month that will be applied July 1 and because they do not utilize it, we feel that it would be fair that they not pay for the services."

He said in some cases, it would not be by choice, but rather by the design of the property, that some services such as Dial-A-Truck would not be available.

AUTHORITY QUESTION
Director André Good, while in favor of the change, made clear that the requested change was changing the entire city ordinance just to affect a few individuals.

"It sounds as though we're trying to make a city-wide ordinance based off of a couple individual requests. Now in my opinion, I like the proposal. I like the option of multiplex users being able to get this kind of fee," he said, adding that many people on the north side of Fort Smith, which he represents, would likely appreciate this kind of rate.

Director George Catsavis wanted to know about the DOS decision-making authority requested by Nkokheli.

"If there comes a situation where you and the property owner can't agree on what to do in dumpster versus cart, what's the appeal process after that if you can't reach an agreement? Does it come to the Board?"

The decision, Nkokheli said, would likely stop with the DOS.

"It's our hope that the Board should have the confidence that we are in this business and we provide this service, that our discretion and our judgement will be (the final decision). We will take into account all consideration, but if someone still doesn't agree, the Department of Sanitation has the code, the ordinance. They may want to take that up with the Board, but yes, our decision of course could be…the Board would reserve the right to change the ordinance. But as it would be written, we would give our reason why we would adhere to it and it would be fair."

No action was taken on the item and Mayor Sandy Sanders said it would be further studied before being brought before the Board for a vote.

WATER PARK DISCUSSION
In other business, the Board heard from City Administrator Ray Gosack regarding design and construction of the Ben Geren Aquatics Center.

The Board and the Sebastian County Quorum Court must decide mutually which route to take in the construction of the facility – either employing a construction manager at risk approach or a design-bid-build approach.

In the design-bid-build approach, the traditional approach to construction projects, lead designer Andy Smith of Larkin Aquatics said in a memo to Gosack and Sebastian County Judge David Hudson that "firm quotes from contractors and material suppliers are not provided until the project is completely designed and bids are received. It is then, at the end of the design process, that AE (architect/engineer) team's opinion of probable cost is verified and actual cost of construction is know.

But Gosack is advising the Board to support the construction manager at risk approach for the following reasons, as detailed in a memo from Gosack to the Board:

• "We will have a maximum guaranteed price when approximately 60% of the design work is completed. This will allow us to decide in a more deliberate way what features we want included in the project for the money we're willing to spend on it;
• "The architect can complete the design work with the assistance of the contractor who will be building the project. This allows the contractor to suggest designs that will save us money and give greater assurance that the project will be completed on time;
• "This method will avoid additional design fees. Those fees can be used to construct a better facility."

Directors Phillip Merry and Pam Weber both voiced interest in the design-bid-build.

"The taxpayer is really yearning for the squeeze to occur and bring value and the optimal amount of characteristics they voted for," Merry said.

Directors Settle and Good voiced support for the construction manager method, with Settle saying it was the most cost effective.

"To get the biggest bang for the buck, I think we have to go for construction manager," he said.

Good said a similar design concept was used in designing the new fire department on the south side of the city and after talking to Fire Chief Mike Richards, "There isn't another way to go."

A formal vote will take place at next week's regular Board meeting. The City Wire will also have further coverage tonight following the Sebastian County Quorum Court's study session, which will also partially be on the same topic.