Well, good evening.

What a turnout this evening.

We expect you to come next week and and next week and next week.

Again, thank you.

Thank you for being here.

Um at this time, we're going to call the meeting to order uh and for the regular meeting of October 14th of 2025.

Uh keep in mind these meetings are being recorded and transmitted live for the benefit of our residents who can't be with us in person this evening.

Um so with that, um I'll do the invocation and I'm gonna ask Director Christina Cassavis to lead us in the pledge, if you don't mind.

Almighty God, we come this evening first thanking you for this day that you've given us.

Thank you for our health and our strength, and thank you for this amazing community as it grows and prospers.

Father, we thank you for this board, give them wisdom, knowledge, and understanding, and may the work they do benefit this city from every segment of our community.

Father, we thank you for this day.

In Jesus' name we pray, amen.

Good.

Here can't George Kitzabas?

Christina Kitzabis.

Here, settled.

Here, Martin, here.

Okay.

Thank you very much.

At this time, I'll ask if there's any board member that have an item uh to be placed on the agenda that's not that's not already on the agenda, please.

Yes, sir, Mr.

Reed.

I just want to thank you, sir.

I just want to uh let uh my colleagues in the audience know I have to leave at about six forty-five tonight for a family commitment.

Thank you.

And I think uh Director Settle.

I have a family commitment also my daughter plays from South Side and North Side, South Side Voltabs tonight.

So at some point tonight, I will be leaving for that tonight.

Okay, what we'll do, we will uh we will handle the business of the city.

Uh and uh we will do it as expeditiously uh as possible.

Okay.

Thank you, gentlemen.

Okay.

Uh September 23rd meeting.

So moved.

Special meeting.

Second.

And regular meeting.

So moved.

Okay, thank you.

All in favor.

Uh okay.

Thank you.

Uh I guess I'm the only I.

Okay.

Yeah.

Okay.

At this time, we will ask for uh this time we will ask for a okay, thank you.

This time we'll go directly to the agenda.

And the first item on the agenda is a presentation of the 2026 proposed operating budget.

And so it's a presentation only.

No board action will be required on this.

So we're just going to hear from those that are responsible for putting this budget together for us.

Mr.

Dingman, you're recognized.

For some uh brief comments on what's distributed to the board this evening, introduced Chief Financial Officer Andy Richards.

Good evening.

Should be in your hands at this point.

So the main book, just want to remind everyone, this is the this is the budget document that's in this bound copy that you have.

So it'll have it'll have all the summarized budget information for the four operating funds.

Um and then detailed expenditure uh line totals for each of the budget programs will be there.

But the actual individual budget line item detail that we've presented to you in the past is in the big binder that you have.

So you know, typically you want to focus on this in itself and then refer to the to the big book for individual items that that make up the budget line items.

Um it is a little bit different.

We've kind of I think we've mentioned this in previous sessions when we've talked about preliminary about the 26 budget.

Um this year we do have the capital outlay request for the operating funds are built into this budget where in the past we've considered those items later on after you've passed your original budget.

So we did that differently this year.

Um the detail for that, we didn't get it re we didn't get the budget reformatted to sh break that out, but I have supplementary information that I'll be sharing with the board members to show you the difference between the operating, how the operating expenditures impact the results and as well as the capital.

And I know we've there's been requests for the capital list.

I'll send an updated list out to you as well to help you consider the capital items that are considered part of that.

You'll see capital in the program budgets, it's broken out in the back there, but for the summaries in this big book, um, you know, you won't be able to see that.

So but I'm I've got additional information to to get to you to help support those that information okay director Christina Savage, you're recognized.

Andy, what is your level of confidence that we can get to a balanced budget?

Because that's that's what I'd like to pass as a balanced budget.

My level of confidence, uh not very high.

Okay, thank you.

Okay.

Any other comments or questions for well I think to your point, I think we can get there.

I mean that's up to us.

So I think we can get there.

So that's what I'll I think we ought to strive for.

Okay.

Director, I mean Mr.

Dane when you recognize I might add to that that uh of course the we have a target of November the 14th to meet again with the budget in a in a general session to review everything, and by that time we intend to have uh recommendations for reductions and such to this uh preliminary budget so that we can get to uh we can make get to milestones where we have the appropriate uh fund reserve balances and the and if and if we're able to achieve um the balanced operating budget, then we'll try to get there as well.

But no, just elaborate on my statement just a little bit, probably worth a little bit of commentary, but I mean we we discussed the budget with the departments um individually since we've presented uh preliminary information, and I you know I think there was uh a really good effort to shave the budget in the line items among departments, both in our 25 results and as well as the 26 budget.

So and I think that you know you'll see that there's been there's been progress made in that direction.

Um the other but on the flip side we've had to consider the cost of our health insurance, the cost of the city.

So that's another issue.

Um my confidence level indicates that you know, in order to get a balanced budget for 26, I think some really hard choices are gonna have to be made.

I'm afraid it's gonna impact our level of service across the board.

So you know it's gonna take a lot of uh hard choices, I think to make by us and the board to balance it to get revenues and expenditures equal.

I mean, I've just unfortunately inflation and cost increases have made it very difficult to for our revenues to cover our expenditures, especially in the general fund.

Um, but it's impacting other funds as well.

Thank you.

Andy, is this budget include uh assumption that every position is filled for the full year?

Yes.

And it's a certain uh so why don't you come back and say because we know we normally at 94, 91 percent if they can you know uh rate of employment there's at 8, 9, 10 percent employment unemployment openings.

Why don't you base it off of that and then tell us the board that's what you did so we can see what that is because I don't want to go try to make cuts when I'm trying to fill positions that aren't going to be filled for one or two, three or four months.

Well because I don't want to assume the I don't assume the worst case because we know every position is not gonna be filled January 1st.

Sure.

And the vacancy, the the vacancy calculations that the most recent ones that I've seen total about 3.8 million dollars for citywide.

So I mean that's that's significant dollars, but that's uh you know the the biggest impact, the vacancy I think is in the water and sewer fund.

Um the general fund, it probably impacts at about half a million dollars or four hundred and forty thousand dollars, something like that's what I remember.

So I mean that that is a good uh thought, but right now those numbers don't really um realize a lot of savings where we need to go.

Okay, thank you.

Okay, thank you.

Director George Kasavits.

Let me ask you I just uh um tell me what I just recently learned that we're paying a lobbyist 177,000 a year.

Well, what department is that paid out of and what line item is it?

I don't remember seeing that per year in the years.

I'll advance the answer that, yeah.

I'll address that that that is uh that's a hundred and fifty thousand dollar lobbyist fee paid out of the city administrators outside services programming.

Paid out of the city administrators.

City administrators program outside.

Okay, which is what item.

I'm sorry, which is what we're doing.

Who who controls that money?

The city administrator.

The city administrator, but does that have to be approved by the board to hire lobbyists?

It does, and it was.

It was in the budget.

Well, it was hidden pretty good.

All right, thank you.

The contract would have been approved as well.

The what?

The contract would have been approved by the board as well.

Yeah.

Y'all remember that?

Yes.

Yes, and I would say respectfully, that's pretty reckless language.

Well, Director Kit Savis.

Well, saying something's hidden because there's not a recollection or there's not an understanding, or there's not a familiarity, does not mean something is hidden from people.

Well, I guarantee you the recycling three years is hidden.

We're talking about a contract for a lobbying firm, not the recycling issue.

Well, uh I'm trying to understand that we we're we're not privy to every expense there is.

Thank you, Mayor.

Thank you.

Thank you.

Uh Director We go, you were next in the queue.

Did you have any further comments?

Okay.

Thank you.

Uh any other questions for uh our finance people.

Okay.

Okay.

Thank you, Andy.

This time we'll go to item number two.

Uh the next several items on the agenda are related to annexation of about 45 acres into the corporate limits of the City of Fort Smith.

Deputy City Administrator Maggie Rice will introduce the six ordinances relevant to this action.

Yes, state law allows for island annexation when a city completely surrounds an unincorporated area.

This island annexation contains approximately 45 acres, and it's located in the area of Highway 271 and Texas Road.

It includes 20 parcels, nine residential and 11 non-residential.

In the absence of an ETJ, the city no longer exercises land use control over the enclaves.

On August 19th, the public hearing was held for property owners within the proposed area for annexation.

No property owners spoke during the public hearing.

In compliance with state law, staff published a legal description of the area to be annexed as well as mailed certified letters to the to the owners of all 20 parcels within the enclave, notifying them of the public hearing and their right to present their views on the proposed annexation.

City staff hosted two public input sessions for property owners within the area proposed for annexation.

The two meetings were attended by approximately 15 property owners.

In addition, staff met one-on-one with in with property owners to explain the process and answer questions.

There is a list of benefits and impacts to property owners within the packet, and I'll be happy to answer any questions on the actual annexation ordinance.

There is there was a revised annexation ordinance that was sent out this afternoon, and it clarified there was a clerical error error on the exhibit within the ordinance, and that has been fixed.

Thank you very much.

Madam Clerk, are there any citizens' comments on this item?

None indicating.

Okay, at this time we'll entertain a motion to adopt the ordinance with suspension of the rule.

So move with the suspension of the rules.

Second.

As revised, please.

As revised, Madam Close.

As revised.

Okay, thank you.

Madam Clerk, please read the ordinance.

An ordinance annexing certain lands that are surrounded by the incorporated limits of the City of Fort Smith in the Arkansas Oklahoma boundary line and for other purposes.

Okay.

Thank you very much.

At this time, we'll entertain any comments from the board.

Okay.

Seeing none, please call the role.

Directors Rego.

Yes.

Good.

Yes.

Kemp?

Yes.

George Kitsavis?

Yes.

Christina Kitsavis?

Yes.

Settled?

Yes.

Martin.

Yes.

It's approved.

Seven in favor and zero opposed.

Okay.

Item B, 2B.

Yes.

On September 9th, the planning commission held a public hearing to consider the subject master land use plan amendment and rezoning applications for the properties that are listed within the packet.

This is item 2B within the packet.

The subject properties contain an area of approximately 20 acres and are west of U.S.

Highway 271, east of Texas Road, and east of State Line Road.

The proposed master land use plan amendment and rezoning are comparable to the former ETJ classifications, allowing the properties to be annexed with similar zoning.

No neighboring property owners or proper no neighboring property owners attended the planning commission meeting, and the planning commission voted eight in favor with zero opposed to recommend that the master land use plan amendment and zoning map be amended.

Okay.

Thank you very much.

Are there any citizens' comments, Madam Clerk?

None indicated.

We need a motion to adopt the ordinance with suspension of the rules.

So move with suspension of the rules.

Seven thank you.

Please read the ordinance.

An ordinance amending the master land use plan map, rezoning identified property and amending the zoning map.

Thank you.

Any comments from the board?

Okay.

Seeing none, please call the role.

Directors good.

Yes.

Kemp?

Yes.

George Get Savis?

Yes.

Christina Gitzavis.

Yes.

Settled.

Yes.

Martin.

Yes.

Rego.

Yes.

Approved.

Seven in favor and zero opposed.

We'll go to C on that item.

Yes, sir.

On September 9th, the planning commission again held the public hearing to consider the subject master land use plan amendment and rezoning applications for 8103 Texas Road, 8116 Highway 271 South, 811 Highway 271 South, and 8112 Highway 271 South.

The subject properties contain an area of approximately 10 acres.

The proposed master land use plan amendment and rezoning are comparable to the former ETJ classifications.

No neighboring property owners attended the planning commission meeting, and the planning commission voted eight in favor with zero opposed to recommend that the master land use plan map and zoning map be amended subject to the following conditions.

A six-foot-tall opaque privacy fence must be installed adjacent to any properties developed for residential use.

A 200 foot-long evergreen screening buffer shall be planted along the north boundary of the subject property beginning 220 feet from Texas Road.

And the area and security lighting will be installed so as to not create any adverse effect to surrounding residential areas.

Okay, thank you very much.

Any citizen comments?

None indicating.

Okay, we need a motion to adopt the ordinance with the suspension of the rules.

So move suspension of the rules.

Second.

Thank you.

Please read the ordinance.

An ordinance amending the master land use plan map, rezoning identified property, and amending the zoning map.

Okay.

Any comments from the board?

Please call the road.

Directors Kemp?

Yes.

George Kitsavis?

Yes.

Christina Kitsavis?

Yes.

Settled?

Yes.

Martin?

Yes.

Rego?

Yes.

Good.

Yes.

It's approved.

Seven in favor and zero opposed.

We'll go to item D in that in item two.

Yes, sir.

On September 9th, the planning commission held a public hearing to consider the subject master land use plan amendment and rezoning applications.

The subject properties contain an area of approximately 13 and a half acres.

The proposed master land use plan amendment and rezoning will give these properties comparable zone in city zoning to what they were formerly within the ETJ.

No neighboring property owners attended the planning commission meeting and the planning commission voted eight in favor with zero opposed to recommend the master land use plan amendment and zoning map be amended subject to the following.

No vehicular access from Texas Road is permitted and the container storage areas shall be screened.

Okay.

Thank you.

Are there any citizens' comments on this item?

None indicating.

Okay.

Motion to adopt the ordinance with the suspension of the rules.

So move so move.

Second.

Thank you.

Please read the ordinance.

I'm sorry, who moved?

George I'm going to ordinance amending the master land use plan map, rezoning identified property, and amending the zoning map.

Any board comments?

Please call the roll.

Directors George Kitsavis?

Yes.

Christina Kitsavis?

Yes.

Settled?

Yes.

Martin?

Yes.

Rego?

Yes.

Good?

Yes.

Kemp?

Yes.

It's approved.

Seven in favor and zero opposed.

E.

Yes, sir.

On September 9th, the planning commission held a public hearing to consider the subject master land use plan amendment and rezoning applications.

The subject property contains a little over a half acre and is located on the west side of U.S.

Highway 271, north of Mesa Drive and south of School Street.

The proposed master land use plan amendment and rezoning are comparable to the former ETJ classifications, allowing the properties to be annexed with similar zoning.

No neighboring property owners attended the planning commission meeting and the planning commission voted eight in favor with zero opposed to recommend that the master land use plan map and zoning map be amended.

Okay, thank you.

Any citizens' comments?

None indicating.

Motion to adopt the ordinance with suspension of the rules.

Second, thank you.

Please read the ordinance.

In ordinance amending the master land use plan map, rezoning identified property, and amending the zoning map.

Are there any board comments?

Please call the role.

Directors Christina Kitsavis.

Yes.

Settled?

Yes.

Martin?

Yes.

Rego?

Yes.

Good.

Yes.

Kemp?

Yes.

George Kitsavis?

Yes.

It's approved.

Seven in favor and zero opposed.

Okay.

Front.

Yes.

On September 9th, the planning commission held a public hearing to consider the subject master land use plan amendment and rezoning applications.

The subject property contains an area of approximately five acres and is located on the east side of Texas Road.

The proposed master land use plan amendment and rezoning are comparable to the former ETJ classifications.

This property is located at 8121 Texas Road.

There were no neighboring property owners that attended the planning commission meeting.

And the planning commission voted eight in favor with zero opposed to recommend that the master land use plan map and zoning map be amended.

Okay, thank you.

Any citizens' comments?

None indicating.

We need a motion to adopt the ordinance with the suspension of the rules.

So we do have a second.

Director George Gassavis.

Please read the ordinance.

An ordinance amending the master land use plan map, rezoning identified property and amending the zoning map, and this is for property at 8121 Texas Road.

Any board comments?

Please call the role.

Director Settle.

Yes.

Martin?

Yes.

Rego?

Yes.

Good?

Yes.

Kemp?

Yes.

George Gitzavis?

Yes.

Christina Kitsavis?

Yes.

It's approved.

Seven in favor and zero opposed.

This time we'll go to item number three.

Item number three is an ordinance rezoning property at 6001 Prairie Drive.

Ms.

Rice?

Yes.

On September 9th, the planning commission held a public hearing to consider the subject master land use plan amendment and rezoning applications.

The property containing an area of 2.2 acres is located on the east side of Prairie Drive, south of Zero Street.

The proposed master land use plan amendment to office research and light industrial and zoning to industrial light will allow the existing 23,000 square feet building to be utilized as an electrical, plumbing, heat and air conditioning wholesale trade establishment.

A neighborhood meeting was held on September 3rd.

There were no neighboring property owners in attendance.

At the planning commission meeting, Mr.

Jake Chavis was present to represent these applications.

There were none present to speak in favor or opposition.

The planning commission voted eight in favor with and zero opposed to recommend the master land use plan map and zoning map be amended.

Okay, thank you.

Any citizens' comments, Madam Clerk?

None indicating.

We need a motion to adopt the ordinance with suspension of the rules.

So move suspension of the rules.

Second.

Thank you.

Please read the ordinance.

An ordinance amending the master land use plan and map, rezoning identified property and amending the zoning map, and this is for property located at 6,01 Prairie Drive.

Okay, thank you.

Any board comments?

Just please call the roll, Madam Clerk.

Directors Martin.

Yes.

Rego?

Yes.

Good.

Yes.

Kemp?

Yes.

George Kitsavis?

Yes.

Christina Kitsavis?

Yes.

Settled?

Yes.

It's approved.

Seven in favor and zero opposed.

This time we need a motion to adopt the emergency clause.

So moved.

Second.

Thank you.

Please call the roll.

Directors Rego.

Yes.

Good.

Yes.

Kemp?

Yes.

George Kitsavis?

Yes.

Christina Kitsavis?

Yes.

Settled.

Yes.

Martin?

Yes.

Motion passes.

Seven in favor and zero opposed.

Thank you.

Item number four.

This is an ordinance rezoning properties and creating a PCD in the 6200 block of Mazard Road.

Ms.

Rice.

On September 9th, the planning commission held a public hearing to consider rezoning property at 6210, 6220, 6212, 6230, and 6234 Mazard Road from commercial moderate special or C3 special to a planned zoning district.

The proposed zoning to a plan zoning district will allow for a reduced minimum lot area, minimum lot width, and minimum building setbacks while increasing maximum lot coverage on three individual lots with a unified commercial development while defining a shared open space track.

A neighborhood meeting was held on September 2nd.

There were no neighboring property owners in attendance.

At the planning commission meeting, Mr.

Connor Threat was present to represent these applications.

There were none present to speak in favor or opposition.

The planning commission voted seven in favor with zero opposed to recommend that the zoning map be amended.

Okay, thank you.

Any citizens' comments, Madam Clerk.

We do have Mr.

Connor Threat here to answer questions.

Okay, thank you for being here, sir.

This time we'll entertain a motion to adopt the ordinance with suspension of the rules.

So move suspension of the rules.

Second.

Thank you.

Please read the ordinance.

Thank you.

Any board comments?

If not, please call the roll.

Directors good.

Yes.

Kemp?

Yes.

George Kitsavis?

Yes.

Christina Kitsavis.

Yes.

Settled?

Yes.

Martin?

Yes.

Rego.

Yes.

It's approved.

Seven in favor and zero opposed.

We need a motion to adopt the emergency clause.

So moved.

Second.

Thank you.

Please call the roll.

Directors Kemp.

Yes.

George Gitzavis.

Christina Kitsavis?

Yes.

Settled?

Yes.

Martin?

Yes.

Rego's?

Yes.

Good.

Yes.

Motion passes.

Seven in favor and zero appointment.

Item five.

Item five is an ordinance rezoning property at 6,6100 and 6120 Prairie Drive.

Ms.

Rice.

Yes, sir.

On September 9th, the Planning Commission held a public hearing to consider the subject master land use plan amendment and rezoning applications.

The property containing a little over six acres is located on the west side of Prairie Drive.

The proposed master land use plan amendment and to office research and light industrial and zoning to industrial light will facilitate the construction of a 35,000 square foot electrical, plumbing, heat, and air conditioning wholesale trade establishment.

A neighborhood meeting was held on August the 28th.

There were no neighboring property owners in attendance.

At the planning commission meeting, Mr.

Wayne Stevenson was present to represent these applications.

There were none present to speak in favor or opposition of the items.

The planning commission voted seven in favor with zero opposed to recommend the master land use plan and zoning map be amended.

Thank you.

Any citizens' comments?

We have Mr.

Cole Perry to answer questions.

Okay, thank you, Mr.

Prairie, for being here.

At this time we entertain a motion to adopt the ordinance with suspension of the rules.

So move with suspension of the rules.

Second.

Thank you.

Please read the ordinance.

This is an ordinance amending the master land use plan map, rezoning identified property and amending the zoning map, and this is for properties located at 6,000 6100 and 6120 Prairie Drive.

Any board comments?

Seeing none, Madam Clerk, call the roll.

Directors George Kitsavis?

Yes.

Christina Kitsavis?

Yes.

Settled.

Yes.

Martin?

Yes.

Rego?

Yes.

Good.

Yes.

Kemp?

Yes.

It's approved.

Seven in favor and zero opposed.

Thank you.

We need a motion to adopt the emergency clause.

Second.

Thank you.

Please call the roll.

Directors Christina Kitsavis.

Yes.

Settled.

Yes.

Martin?

Yes.

Rego?

Yes.

Good.

Yes.

Kemp.

Yes.

George Kitsavis?

Yes.

Motion passes.

Seven in favor and zero appointment.

We vote item six.

Item six is the loan to personnel agreement with Burns and McDonald Engineering for staff augmentation services for the engineering department.

This item was tabled at the September 16th regular meeting pending the study session discussion, which happened on September the 23rd.

The proposed amendment tonight has been modified to a three-month term intended to carry us through the end of the year instead of the original proposed six-month term.

The associated cost is not to exceed 155,121 and 80 cents.

With that introduction, staff will stand for questions from the board.

Okay, thank you.

Any citizens' comments, Madam Clerk?

None indicating.

Okay, we need a motion to adopt a resolution.

So moved.

Okay, we have a second.

Just time we will go to board to the board for comments.

Director George Cassandra.

Jeff Staff Augmentation, can you just explain that?

It means that we are and we are using an employee that is an employee of an engineering firm and not an internal employee.

Not a city employee.

That's correct.

Okay, thank you.

Okay.

Any further questions from the board?

So uh we did have a candidate in last week to fill the spot or excuse me to interview for the spot.

Um is that the sole uh or are are there more candidates than than that, or is that the one that we have currently and we are we are continuing with that recruitment?

Yes, okay.

Thank you.

Okay.

Any other questions?

Madam Clerk.

I'm sorry, Director Christian Kasavits.

Yeah, sometimes I worry we get into these contracts and they're so ambiguous.

What kind of benchmarks or reports can we expect from this?

What kind of product?

This this will be this loaned employee will act as a city employee, and so we will have daily interaction with them, and they will be working through our projects uh to keep our projects moving.

So what specific projects?

The streets and bridges and drainage, CIP, all of the projects on the streets of CIP.

Okay, thank you.

Thank you.

Any further question, Director Kim?

Um Jeff, could you give us a clarity on if we are to move in hiring send candidate or another candidate before this time expires?

Are we able to is there an escape for us out of this?

Yes, yes.

If we if we hire we can we can discontinu these services, I think there's a five-day notice if I remember correctly.

Okay, and in the in the agreement, but then you know that uh yes.

So it's not a 30-day thank you.

That's right.

Appreciate it.

Any other questions?

Okay.

Thank you.

Please call the roll, Madam Clerk.

Director Settle.

Yes.

Martin?

Yes.

Rego?

Yes.

Good?

Yes.

Kemp?

Yes.

George Gitzavis?

No.

No.

Christina Kitsavis?

Yes.

Motion passes six in favor and one opposed.

Item seven.

Item seven this evening consists of the four millage ordinances that the city must adopt each year in order to fix the rate and levy property taxes upon taxable real and personal property in the city of Fort Smith for the year 2025.

City Clerk Sherry Guard will further address this item and answer questions from the board.

Okay.

Thank you.

Yes, the ordinances before you are your annual ordinance that represent the city's annual levy of eight meals on all taxable real and personal property in the city of Fort Smith for the year 2025, which will be collectible in the year 2026.

Um there are no changes from the previous years.

Um all meals in all categories, general public library, fire retirement and pension, and police retirement and pinchment.

I'm sorry.

Police retirement and pension are all maxed out with the exception of the public library.

And any increase to the public library millage would require a vote of the people.

Okay, thank you.

Are there any citizens' comments on this item?

None indicating.

We need a motion to adopt the ordinances uh with suspension of the rule.

Uh motion to adopt items 7A through 7D.

Would you want to vote on these?

Badge batch these.

All the other suspension of rules.

Okay.

Okay, thank you very much.

Second.

Okay.

Madam Clerk, please read your ordinance.

Item 7A is an ordinance fixing the rate of and levying five meals upon all taxable and real and personal property in the city of Fort Smith, Arkansas for the year 2025 for general purposes.

Item 7B is an ordinance to levy one mill tax upon each dollar of assessed value of taxable real and personal property to be used for maintenance of a public city library pursuant to the provisions of amendment number 30 of the Constitution of the State of Arkansas of 1874 adopted November the 5th of 1940 and for other purposes.

Item 7C is an ordinance to levy one mill tax upon each dollar of assessed value and taxable real and personal property for the police retirement and pension fund pursuant to the provisions of amendment number 31 of the Constitution of the State of Arkansas of 1874, adopted November the 5th of 1940, and for other related purposes.

And item 7E is an ordinance to levy one mil tax upon each dollar of assessed value of taxable real and personal property for the fire retirement and pension fund pursuant to the provisions of amendment number 31 of the Constitution of the State of Arkansas of 1874, adopted November November the 5th of 1940, and for other related purposes.

Okay, thank you very much.

Keep in mind we're we're batching all of these items or any comments from the board.

Mayor Sherry, these are these are these aren't new taxes existing.

That is correct.

A lot of people don't understand that when they hear that.

Yes, that's correct.

This is nothing new.

No tax increase, no nothing.

No, sir.

Thank you.

Thank you.

Any further comments, Director Neil Martin?

One thing I found interesting.

I don't know if this has been in previous years when we've approved this, but you can effectively live in the city of Fort Smith and go to Greenwood Schools and pay less than you do in Fort Smith.

Because of the school district.

I know.

I just um I I find that difficult.

All the city has.

We don't affect schools.

You know, that's something you could address, which is well, it's it's the school board, yeah.

That's something that we we addressed there, but I don't that's just interesting.

Yeah.

A lot more of those.

So thank you.

If there's no further comments from the board, Madam Clerk, Paul Road.

Directors Martin Yes.

Rego?

Yes.

Good.

Yes.

Kemp?

Yes.

George Kitsavis?

Yes.

Christina Kitsavis?

Yes.

Settled.

Yes.

It's approved.

Seven in favor and zero opposed.

Item eight.

Items eight and nine are related to the same emergency repair of a collapsed sanitary sewer line near the intersection of Cherokee Circle and Lee Avenue.

Item eight is an ordinance to authorize agreement and payment to vortex services LLC for emergency point repairs to the collapsed line.

And item nine is an ordinance to authorize agreement and payment to Kraft Reynolds Construction Company for emergency sanitary sewer repairs involving 580 linear feet of sewer main and rehabilitation of two manholes.

Deputy Director of Engineering Jimmy Johnson will further address this item.

Okay.

Thank you, Jimmy.

And manhole M006-930, located near the intersection of Cherokee Circle and Lee Avenue.

This pipe segment was originally installed in 1955.

There are an aside inspection staff determined that the traditional open cut excavation was not possible due to limited access, the depth of the pipe, and the presence of nearby power poles.

As a result, staff decided to proceed with a trenchless repair method, specifically the pipe burst method, which would both uh complete the work efficiently and minimize the surfing to the surrounding area.

Proposals were requested from a few contractors currently working in the area on similar projects to quickly rehabilitate the collapsed sewer line using a trenchless method.

Vortex submitted the lowest proposal of $316,05 and 50 cent to fully rehabilitate the line using the cured in place pipe or CIPP method.

A cost proposal a tabulation sheet is included for review.

Once Vortex began the rehabilitation work, it was discovered that the CIP method would not be feasible due to a service line that had been incorrectly connected to the service lines were incorrectly connected to the concrete uh line many years ago.

It was also anticipated by further cleaning, any further cleaning of the concrete line would cause it to further collapse.

And in fact, we did have one instance where and wanted a point repairs for us where the cleaning head of the machine left the pipe and went into the embankment of the trench.

As a result, Vortex was asked to complete the two emergency point repairs on the blocked and collapsed sections to restore flow and uh a resolution accepting the project and authorizing payment to vortex services and the amount of 130,000 dollars for the two point repairs is presented for your approval.

Okay, thank you very much.

Are there any citizens' comments?

None indicating.

We need a motion to adopt the ordinance.

Thank you.

Need a second.

Second, thank you.

Uh board comments at your time.

Okay.

Seeing none, please call the roll.

Directors Rego.

Yes.

Good.

Yes.

Kemp?

Yes.

George Gitzavis?

Yes.

Christina Gittsavis?

Yes.

Settled.

Yes.

Martin.

Yes.

It's approved.

Seven in favor and zero opposed.

Okay.

Number nine.

Okay.

Um the emergency project involves the same 400 feet mentioned earlier.

180 linear feet of four-inch sanitary sewer sewer service lines and the rehabilitation of two manholes.

Following completion of the two emergency point repairs by vortex utility engineering staff requested a proposal from Kraft Reynolds Construction Company to correct the sewer main connection and replace the sanitary sewer main between the two manholes.

The proposal was requested because the original two contractor proposals were higher than anticipated.

Kraft Reynolds Construction Company submitted the lowest proposal of $34,762,000 when compared to the originally submitted proposals.

Kraft Reynolds has completed one consent decree project ahead of schedule and under budget and is working on another CD project.

Project 1917 MCAC MC 08 sub basin.

Kraft Rentals Construction Company has completed all the required work and submitted an invoice for the complete project, which is concluded for your review.

A resolution authorizing final payment to craft rentals construction company in the amount of 34,760 dollars is attached for your review.

Okay.

Thank you very much.

Madam Clerk are the any citizens' comments on this item.

None indicating.

We need a motion to adopt the ordinance.

So moved.

Second.

Thank you.

Any board comments?

Seeing none of the one there.

Yes.

So uh Jimmy.

I remember when we when we talked about this back on the 19th.

Um there was I mean the the winning bid for uh vortex was significantly less than everybody else.

Yes.

Um like by a million dollars.

Uh if I if I'm looking at my notes correctly.

Um Kraft Reynolds wasn't even on the wasn't even one of the three.

Right.

He was not on one of the original three proposals.

So you're telling me that Vortex and what they did and Kraft Reynolds still came in less than any of those other two bidders?

Yes.

Okay.

Okay.

All right.

Any other board comment?

Madam Clerk, call you may call the roll.

Directors good.

Yes.

Kemp?

Yes.

George Gitsavis?

Yes.

Christina Kitsavis?

Yes.

Martin?

Yes.

Rego?

Yes.

It's approved.

Six in favor and zero opposed.

Okay.

Item 10.

Items 10 and 11 are resolutions authorizing the change order and then final payment on the 2023 street overlay reconstruction project 2303-D, which also included rehabbing sewer lines in accordance with the consent decree.

Engineer Ben Marts will address this item and answer questions from the board.

Oh, as uh Jeff said, this item 10 and 11 here are for the same project.

Item 10 is for uh change order to add 49 days.

The 49 days uh included 40 days for um extenuating circumstances dealing with weather conditions.

The additional nine days is extra time that was related to a storm pipe uh that was found during construction to be needing replacement and we had budget left in the contract and were able to uh replace it at the time while they're actually digging up everything else.

Um during this, um we were able to complete 1.4 miles of roadway, um impacted Brazil Avenue, 28th Street, uh 31st Street, uh 28th Street, Ferguson, and we're also able to do 1300 feet of storm and replace the bridge um on 28th street just south of uh Flame Gymnastic and we were also uh able to combine some of the consent decree work so that we were doubling up and not tearing up the street twice.

Um we replaced uh line segments on Brazil Avenue, Ferguson Street, 28th, 29th, 31st, and Kennedy Court, and we're able to replace um or rehab 29 manholes with 10 line sanitary sewer line segments and um I'll stand for questions okay thank you all the citizens' comments none indicating okay we need a motion to adopt the resolution so moved second thank you um just time are there any board comments further okay seeing none uh madam clerk uh please call the role directors Kemp Yes George Kitsavis Yes Christina Kitsavis yes Martin Yes Good Yes approved five in favor and zero opposed and number eleven similar project um or the any citizens' comments on eleven none indicating okay motion to adopt the resolution second okay a board comments not please call the roll directors George Gitsavis Yes Christina Gitsavis yes Martin Yes Good Yes Kemp Yes it's approved five in favor and zero opposed item twelve item twelve is a resolution accepting completion and authorizing final payment for 2023 street overlay and reconstruction phase A project 23 3A which also included sanitary sewer work in accordance with the consent decree, Mr.

Christina Kitsavis?

Yes.

Martin?

Yes.

Good.

Yes.

Kemp.

Yes.

It's approved.

Five in favor and zero opposed.

Item 12.

Item 12 is a resolution accepting completion and authorizing final payment for 2023 street overlay and reconstruction phase A, Project 23-3-A, which also included sanitary sewer work in accordance with the consent decree.

Mr.

Marts.

So this project came in under budget and under the uh contract scheduled amount of time.

Uh completed about 1.8 miles of roadway, which uh primarily was on uh Phoenix Avenue with a little bit on old Greenwood Road.

Um during this, as Jeff said we could did some uh modification for the consent decree work here with uh 40 manholes and about 3,000 feet of sanitary pipe.

Um we did that work and this is included a there was a change order on this job that was previously approved um where we're able to replace sewer lines on 24th street, Utica Street, Phoenix Avenue, Brazil Avenue, Jenny Land Road, South 28th Street, and uh between zero and McKinley Avenue.

Um and that equal yeah, about three thousand feet of pipe.

Um stand for any questions.

That's that's good work.

Good work.

Um there any citizens' comments?

None indicated.

Okay, motion to adopt the resolution.

So moved.

Second.

Thank you.

Are there any board comments?

Director Neil Martin.

I will make one comment related to Phoenix.

That um that railroad crossing is phenomenal.

I mean, it is so smooth.

Um probably best one we that we've got in the city, so I appreciate that good work.

But I think I guess with Forge Gun that did the work.

Good.

Good job.

If we get there's other places that we need them to do those railroad crossings, but that was awesome.

Thank you.

If there are no further comments, please call the roll.

Directors Christina Kitzavis, yes.

Martin?

Yes.

Good.

Yes.

Kimp?

Yes.

George Kitsavis?

Yes.

It's approved.

Five in favor and zero opposed.

Thank you much.

At this time, we'll go to the consent agenda.

Thank you, Mayor.

There are six items on tonight's consent agenda.

We have a resolution authorizing listing city owned properties for sale.

We have a resolution authorizing application uh to Arkansas Department of Emergency Management for Hazard Mitigation Grant for the ACME stormwater project.

Resolution authorizing application to Arkansas Department of Emergency Management for Hazard Mitigation Grant regarding a riverbank stabilization project.

We have a resolution authorizing application to Arkansas Department of Emergency Management for Hazard Mitigation Grant for the Milk Creek Stabilization Project.

We have a resolution authorizing acceptance of a FEMA assistance to firefighters grant, and we have a resolution authorizing final payment on the LED lighting upgrades at Kelly Park.

Thank you very much.

Madam Clerk, are there any uh citizens' comments on any of these items?

Yes, item 13A, uh the Crystal Cadelli.

Okay, Ms.

Cadella, you recognized.

Good evening, thank you.

Um I I just want to say um how pleased I am to see that this agenda item is continuing to move forward.

I think the sooner that we can sell these unused uh city properties, the quicker that we can use the proceeds to tip away at the $10 million deficit that we're facing.

You know, as we spoke, you know, as I've said before, the citizens of Fort Smith just can't bear any more burdens and taxes or water and sewer increases to pay for our debts.

Um and you know, the one thing that I do want to say is that I wish Mr.

Rigo hadn't have left because I do want to address that.

You know, I find it very concerning that he calls out a director for questioning how the city is spending our money.

Um I've personally observed many times where uh department heads have not shown up prepared.

If we could, could we stay on the subject of the item?

Well, it it it it does have to do with the fact that um you know I think that we need more questions instead of less, because I think that's why we're in the financial state that we're in.

And um, you know, the people just can't afford it.

So thank you very much.

Thank you.

That's all that's all okay.

Uh is there any item on the agenda that a board member would like to pull off for further discussion?

I just have a question for A.

You're recognized.

Thank you, Mayor.

I um worked alongside several other people from our community at Hope Park for the removal of the pavilion that's been donated to Hope Campus.

And since that is now happened and has occurred uh successfully, that land is sits there with a power pull that is no longer even with a meter and grass that'll need to be mowed and trash cans that will need to be emptied.

Is this park on our property list?

And if not, should we consider adding it to this list?

Thank you.

Okay.

Yes.

Okay.

If it isn't, it needs to be.

Yep.

Okay.

Thank you.

Are there any further questions on the consent agenda?

Okay.

If not, we would entertain a motion to adopt all consent agenda items.

So moved.

Second.

Thank you.

Any further comments?

Okay.

Seeing none, please call the roll.

Directors Martin.

Yes.

Good.

Yes.

Kim?

Yes.

George Kitsavis?

Yes.

Christina Kitsavis.

Yes.

Five in favor and zero opposed.

Okay.

Thank you very much.

At this time we'll go to the officials' forum from the mayor's desk.

We had a great meeting.

Um great first meeting with the mayor's uh youth advisory council.

A wonderful group of high schoolers, uh numbered close to 30.

Uh, and they're gonna get a chance to operate get an opportunity to study our local government.

And our hope is that we will get them involved to the extent that they will stay in Fort Smith and become a part of our leadership.

We're very proud of that.

And also we had an opportunity to host uh the ambassador from Finland.

Uh and she was in town and spoke at the uh chamber of commerce annual banquet.

Uh with that, I'll go to Director Neil Martin.

Any comments, sir?

Sure, a couple things.

Um seeing some email traffic around uh Animal Haven, uh I'd like to have Animal Haven uh come present to the board.

It's been a while since we've heard from them.

Um I would like to get an update.

It looks like we weren't getting the financial uh we started getting financials.

I'd I I'd like to kind of see where they're at in terms of uh annual intakes, uh impoundments, um adoptions, all those things.

So uh something similar to what we've had before.

Um second item is I wanted to give the board and everybody listening an update as it relates to Baker Tilly and the utilities risk assessment.

Um I shared with uh with uh uh administrator um uh Dingman the update from the second of October, but wanted to give everybody just kind of a an update as of yesterday.

So Baker Tilley submitted the assessment surveys to all identified participant participants.

And there's probably a hundred, hundred and fifty people that they've submitted the the risk assessment, the utilities risk assessment for.

So um I saw that list.

There's there's quite a few people there, not only from utilities but from other areas.

Um next steps are um today was or actually yesterday was supposed to be the deadline to respond.

The the response rate was is probably a little less than what they expected.

So they'll probably I think it will get extended a little bit, but they were about 25 percent as of yesterday.

And so Mr.

Dingman, I would encourage you to encourage department heads to make sure that folks fill out this survey to get a higher response rate.

Now, she anticipated I think it was closing today.

She anticipated having more responses today, but as of the thirteenth, we were we were fairly low.

So we need to get that in.

All department heads, thank you for uh doing that.

And then next steps would be they're gonna be receiving those survey responses and begin incorporating that into the risk matrix while analyzing the data as well.

So that's kind of where we're at.

The the the risk assessments out, getting results, then they're gonna start analyzing those results as it relates to uh utilities.

So that's happening there.

I'll I can share that with I'll share that with Mr.

Dingman so you guys have it in an email, but I wanted you to uh be aware of that.

Um the one thing the one thing I'll make mention of, you know, we're right in the middle of a government shutdown, uh a federal government shutdown.

And you know, I think it's important for us to realize as we go and do our budget.

Um there's a lot of people that are impacted by this federal government shutdown.

And you know, a lot of that, you know, I'm I'm I'm flying here in the next couple days, and TSA is impacted by that.

But I think it's important for us to understand um the the I and I guess I heard it today that the the bigger government gets the more impactful these kinds of shutdowns are.

So I would I would say that we take that spirit into our budget discussions uh over the next couple of weeks and we we bring uh obviously we've got a deficit as it sits today in a preliminary preliminary budget, but we need to take that and pull that back to where we're positive, balanced is even.

We need to be positive to build up our our reserves and and a number of those other funds.

So that's my uh that's my challenge for the board.

So um I think that's all I have at this point, unless some other things come up during the remainder of uh the officials form.

Okay, if something comes up, you give me a nod.

Director Christina Savage.

Nothing for me, thank you.

Okay, Director George Gosavis.

Yes, sir.

Jeff, what's lobbyists?

I'm still on that.

What what kind of return are we getting on our investment?

We get regular updates from the lobbying firm.

We have uh entered into that agreement.

I don't know if you remember us trying to recall uh if you remember the the meeting that we had over here where the lights went out, that's when we approved that contract with that with that uh lobbying from the Roosevelt group.

They are specifically geared towards uh military affairs, and so with the advent of the FF FMS project and our involvement with the Department of Defense and the Air Force, they have been integral in our interactions with the Pentagon and the military branches.

So a major company called me today, and they want to know how they can put in for putting the slides up out the out the water park.

That that project is currently out for bid, and we are taking bids on that.

I think the bids are intended to open on Friday.

Friday.

Yes, sir.

Okay, is the county charging us for the restore the slides?

I'm sorry, if they're charging us to store the slides there.

No, sir.

No, sir.

No, they're not charging us any.

No, sir.

Okay, and the last thing, or you're gonna get a loose agreement with uh County on the water park.

That that is an item that's pending, yes, sir.

Okay, thank you.

Okay.

Thank you.

Uh Director Kemp.

None.

Thank you, Mayor.

I have none.

Okay.

Director Good.

Thank you.

Thank you, Mayor.

Just a couple of items.

Um, and just because uh Director Martin brought up uh Fort Smith Animal Haven coming in and presenting, I want to remind the board that during these presentations when these groups come to us and make a presentation, particularly Fort Smith Animal Haven, we already know, as we've heard previously, that they are and have been in full capacity for quite some while, off and on.

So as a board, you know, listening to Fort Smith Animal Haven is fine, but we need to have uh some type of thoughts, processes how we're gonna adjust, how we're gonna fix the problem moving forward, because we can hear and hear reports all day long, but until we're ready to make a decision on how to better um address our um issues, um, because we know, you know, out of the many things that we have done and said and put in place in policy-wise, that sorry to say, uh poor, you know, um what's the word I'm looking for?

Um ownership uh is the problem, and we can't continue to rely on Fort Smith Animal Haven to fix the problem.

We're gonna have to make some hard decisions on how we'll move forward to help the process.

Uh secondly, uh I didn't really want to thank the folks that come out.

We have regular folks that do come out, but for those folks, particularly my wife and the youth that came out with the NAACP, I really want to point that out.

I want to say thank you folks for being here, not only in support of me, but in support of all of our rights.

Thank you.

Okay.

Thank you very much.

Director Deal Martin, did you have anything else?

We we did when we were in DC, we did uh have a couple things that we uh when we talked to the Roosevelt group, they did talk about a couple things, like a recognition of the unmanned aircraft and air guard, briefing on the FMS along with the tour of the base for the board, and then maybe a proclamation for those countries that are coming as they come, like Finland is here now, Poland is uh has already been here, is here.

Um get it, you know, putting a proclamation together, uh, you know, recognizing them and and and their impact on our say that.

And and we have to keep in mind that even after the military and Department of Defense selected force Mr.

Han on that mission, uh the state of Michigan fought tooth and nail to get that mission.

And the consulting group was able to stay close to that all of that and make sure that they didn't change directions.

And so we're well underway.

If you're not familiar with the Polish the guys from uh Pol uh Poland are training, the four aircraft you see flying now belong to the Polish Air Force.

And so we're well underway.

And I spoke to had a chance to meet with the uh head of the Corps of Engineers for the state of Arkansas, and they're responsible for the construction out on the base.

I wasn't aware of that.

I always associated them with the river, but they're responsible for the construction out on the base, and they're well underway of getting that project done.

So uh it's gonna be an amazing project, and we're looking for uh members of the Singapore Air Force to start showing up probably later this year, early next year.

Uh a big part of their relocating here is contingent upon a lot of the construction that's taking place on the base.

Um with that, if your turn.

Sorry, thank you.

Thank you, Mayor.

Uh, just a couple of things to mention.

Uh this Friday, uh October 17th at 10 a.m., there will be a ribbon cutting at the Caroline Cross Park, uh, specifically the uh the the celebrating the opening of the playground and the the boardwalk uh pathway that's been built at Caroline Cross Cross Park.

So if you have an opportunity, please please attend that event.

Uh the October meeting scheduled next week, uh October 21st is uh as our second regular meeting of the month.

And then the following week, October 28th, we'll have a study session.

So that's all I have to do.

Okay, thank you very much.

If there is nothing else from the board, we will entertain a motion to adjourn.

So no moves.

Thank you.

All in favor?

Aye.

Aye.

Okay, thank you very much.