OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Fort Smith Board of Directors Regular Meeting & Special Study Session - September 16, 2025

Meeting PortalTuesday, September 16, 2025
BodyFort Smith, Arkansas
SessionMeeting Portal
DateTuesday, September 16, 2025
StatusFILED
Video Record
0:00 / 1:41:54

Transcript — Verbatim
1:05

Good evening, ladies and gentlemen.

1:07

Welcome to the regular meeting of the Fort Smith Board of Directors for uh Tuesday, September the 16th, 2025 here at the Blue Lion.

1:15

Uh as always, before we start, we do the invocation and the Pledge of Allegiance.

1:19

And this evening I'd like to invite Director Neil Martin to offer an invitation and Director Lee Kemp to lead us in the pledge.

1:25

Before we start tonight, I would like to uh give a moment of silence for the unspeakable tragedy that happened last week, the murder of Charlie Kirk.

1:34

Um also a moment of silence for uh Rick Murphy, who uh who's here quite a bit is in is in uh um have a difficulty uh on the medical side.

1:47

So just want to uh give a moment of silence for those two, and then we'll get into the invocation.

1:59

We are so thankful to be here tonight, Lord.

2:03

We're thankful that we get the opportunity to exercise our our rights as as citizens, rights as a board to make decisions that affect our city, our great city.

2:17

And Father, I pray that you would be with this country during this difficult time that we've experienced over the last week.

2:23

We pray that you would comfort the Kirk family.

2:26

We pray that you would comfort uh the Murphy family, and Lord, we just pray that um you would just watch over us, bring um renewal.

2:38

Um Lord, we pray that you would just uh watch over our country, pray that you bring revival among the hearts of all of us.

2:46

So, Father, we we love you.

2:48

We we pray for your wisdom tonight.

2:50

We pray that you would watch over us as we make these decisions.

2:55

I pray that you be with all those that are going to come speak to us, give them wisdom, and Father, pray that you have mercy on us.

3:01

We ask all these things in your precious and holy name.

3:04

Amen.

3:26

Madam Clerk, please call the roll.

3:28

Directors Rigo here.

3:30

Good.

3:31

Camp here.

3:32

George Kitzavis.

3:34

Christina Kitzavis?

3:35

Here.

3:35

Settled here.

3:36

Martin.

3:37

Here.

3:38

All right.

3:38

We have a quorum.

3:40

Uh does any member of the board have a presentation of any item of business not already on the agenda this evening?

3:46

Seeing none, uh, we'll now seek a motion to approve the minutes of the September 2nd, 2025 regular meeting.

3:52

So moved.

3:54

Uh all in favor?

3:55

Aye.

3:56

All right.

3:57

Just as a reminder, a motion and a second to adopt each agenda item must be offered before director comments are made, and public comments should pertain to the presented item.

4:07

Item number one A is an item regarding management agreement with OVG facilities LLC for the Fort Smith Convention Center.

4:16

This is a resolution approving and authorizing the mayor to execute the second amendment to the management agreement with OVG Facilities LLC regarding the agreement term and parking.

4:26

Uh Mr.

4:26

Acting Administrator, whom do we have speaking on this?

4:30

Uh I will I will speak to any questions that the board may have on this item.

4:33

This item was discussed at the September the ninth uh study session last week and move forward for the consider for consideration this evening.

4:44

Okay, did any citizens sign up to speak on item one a uh yes?

4:49

We have Kim Fodge.

4:54

Thank you for being here, Ms.

4:56

Fodge.

5:02

Hello?

5:02

Okay.

5:03

I signed up for the I think it was it should have been the off site catering.

5:07

I didn't put that down.

5:09

Should be B.

5:09

Should be B.

5:10

Okay.

5:11

So can I come back and talk about that?

5:14

Absolutely.

5:14

Okay.

5:14

I apologize, Ms.

5:16

Card.

Discussion Breakdown — Share of Meeting
Water And Wastewater Management███████████████████████████████████35%
Procedural████████████12%
Audit and Oversight████████████12%
Engineering And Infrastructure██████████10%
Tourism Development██████6%
Financial Oversight██████6%
Personnel Matters█████5%
Fiscal Sustainability█████5%
Public Health████4%
Summary of Proceedings

Fort Smith Board of Directors Regular Meeting & Special Study Session

September 16, 2025

The Fort Smith Board of Directors held a regular meeting and a special study session on September 16, 2025. The regular meeting included votes on amendments to the convention center management agreement, several consent decree easement acquisitions, a partial payment for sewer remediation, and the consent agenda. A special study session followed to review the 2026 preliminary budget for the Water Utilities Department.

Consent Calendar

  • Items 7B, 7C, 7E, 7F, 7G were approved together by a vote of 7-0, except for 7B (audit contract) which passed 6-1 (Director George Catsavis opposed).
  • Item 7A (loaned personnel agreement with Burns & McDonnell) was pulled for separate discussion and later tabled.
  • Item 7D (Creekmore Park Pool final payment) was pulled and approved separately by a vote of 7-0.

Public Comments & Testimony

  • Kim Fodge spoke on Item 1B (off-site catering), opposing the city competing with private businesses. She argued that local businesses cannot compete with a subsidized city entity and requested reciprocity for on-site catering.
  • Joey McCutcheon spoke on multiple items: He criticized Director Andre’ Good for walking out during a moment of silence, echoed Fodge’s concerns about 1B, and questioned the city’s handling of employee transitions and the need for an engineering expert for consent decree projects.

Discussion Items

  • Item 1A – Second Amendment to OVG Management Agreement (Term & Parking): Approved 5-2 (Directors Christina Catsavis and Neal Martin opposed). The amendment extends the agreement term to December 31, 2028, with a city option for a two-year renewal, and adds parking advisory services at no cost to the city. Director Martin questioned the term extension and parking revenue transparency; Director Christina Catsavis expressed concern about unfunded action items from the parking study.
  • Item 1B – Third Amendment to OVG Management Agreement (Off-Site Catering): No motion was made; the item died for lack of a second. Director Kemp and citizens voiced concerns about unfair competition with private businesses given the city’s subsidy.
  • Item 7A – Loaned Personnel Agreement with Burns & McDonnell: Tabled to a future study session by a vote of 7-0. The agreement would provide an interim engineering director for six months at a cost not to exceed $317,493. Director Martin expressed concern about the cost; former Director Lavon Morton suggested hiring a firm with large-city consent decree experience.
  • Special Study Session – 2026 Preliminary Water Utilities Budget: Staff presented a draft budget with $80.5 million in expenses and $71.1 million in revenue, resulting in a projected $9.4 million deficit. Key drivers include $5.8 million in capital equipment (e.g., a $3M hydroelectric generator, $1M vac truck) and a 4% decline in water consumption. Directors discussed the need for cuts, the impact of rate increases on usage, and requested further breakdowns of personnel and capital.

Key Outcomes

  • Item 1A passed 5-2.
  • Item 1B died without a motion.
  • Items 2, 3, 4, 5, 6 (consent decree easements and partial payment) all approved unanimously (7-0).
  • Consent agenda items 7B, 7C, 7E, 7F, 7G approved as a block (7-0 except 7B 6-1).
  • Item 7D approved 7-0.
  • Item 7A tabled to a future study session.
  • Appointments to Central Business Improvement District: Trent Goins, Bill Hanna, and Eric Hartness approved.
  • Special study session concluded with no votes; staff will provide additional information on capital and personnel for future budget discussions.

Meeting Transcript

Good evening, ladies and gentlemen. Welcome to the regular meeting of the Fort Smith Board of Directors for uh Tuesday, September the 16th, 2025 here at the Blue Lion. Uh as always, before we start, we do the invocation and the Pledge of Allegiance. And this evening I'd like to invite Director Neil Martin to offer an invitation and Director Lee Kemp to lead us in the pledge. Before we start tonight, I would like to uh give a moment of silence for the unspeakable tragedy that happened last week, the murder of Charlie Kirk. Um also a moment of silence for uh Rick Murphy, who uh who's here quite a bit is in is in uh um have a difficulty uh on the medical side. So just want to uh give a moment of silence for those two, and then we'll get into the invocation. We are so thankful to be here tonight, Lord. We're thankful that we get the opportunity to exercise our our rights as as citizens, rights as a board to make decisions that affect our city, our great city. And Father, I pray that you would be with this country during this difficult time that we've experienced over the last week. We pray that you would comfort the Kirk family. We pray that you would comfort uh the Murphy family, and Lord, we just pray that um you would just watch over us, bring um renewal. Um Lord, we pray that you would just uh watch over our country, pray that you bring revival among the hearts of all of us. So, Father, we we love you. We we pray for your wisdom tonight. We pray that you would watch over us as we make these decisions. I pray that you be with all those that are going to come speak to us, give them wisdom, and Father, pray that you have mercy on us. We ask all these things in your precious and holy name. Amen. Madam Clerk, please call the roll. Directors Rigo here. Good. Camp here. George Kitzavis. Christina Kitzavis? Here. Settled here. Martin. Here. All right. We have a quorum. Uh does any member of the board have a presentation of any item of business not already on the agenda this evening? Seeing none, uh, we'll now seek a motion to approve the minutes of the September 2nd, 2025 regular meeting. So moved. Uh all in favor? Aye. All right. Just as a reminder, a motion and a second to adopt each agenda item must be offered before director comments are made, and public comments should pertain to the presented item. Item number one A is an item regarding management agreement with OVG facilities LLC for the Fort Smith Convention Center. This is a resolution approving and authorizing the mayor to execute the second amendment to the management agreement with OVG Facilities LLC regarding the agreement term and parking. Uh Mr. Acting Administrator, whom do we have speaking on this? Uh I will I will speak to any questions that the board may have on this item. This item was discussed at the September the ninth uh study session last week and move forward for the consider for consideration this evening. Okay, did any citizens sign up to speak on item one a uh yes? We have Kim Fodge. Thank you for being here, Ms. Fodge. Hello? Okay.

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