Fort Smith Board of Directors Meeting Summary - November 4, 2025

The Board of Directors convened on November 4, 2025, to discuss rezoning ordinances, a truck wash bay project, and the allocation of $100 million from 2025 sales and use tax bonds toward Consent Decree projects. The meeting featured significant debate regarding spending priorities, return on investment, and the allocation of funds from the Solid Waste Sinking Fund versus addressing current rate increase concerns. A special meeting was scheduled to address financial uncertainties regarding the River Valley Communications Center consolidation.

Consent Calendar

• The minutes of the October 21, 2025 regular meeting were approved unanimously.
• Resolutions A, B, and D of the consent agenda (Garrison Park change orders, Lee Creek Lagoon final payment, and River Valley Communications Center dispatch software priority protocol) were approved.
• Item 31C (Garrison Park final payment) was opposed by Director Kitzavis; items A, B, and D passed with seven in favor.

Public Comments & Testimony

• Richard Medford expressed support for the truck wash bay project but advocated for phasing the $1.6 million expenditure due to the city's current budget deficit.
• Lavon Morton opposed the bundling of high-cost Consent Decree items (specifically TIMCO and Morgan contracts), noting their bids were significantly higher than engineering estimates (by $6 million and $4 million respectively). He argued for tabling these items to request written explanations from engineers, questioned the selection of out-of-state contractors over local firms with available capacity, and suggested splitting large contracts into smaller chunks to attract more bidders and lower costs.
• Joe Elskin expressed strong support for the investment in green space (Garrison Park), noting that return on investment for such projects is long-term and not easily quantified. He also publicly requested that board disagreements be handled privately to preserve board function.

Discussion Items

Rezoning Ordinances (Items 1 & 2):

• 5724 Wheeler Avenue: The Planning Commission recommended amending the land use and zoning maps; the Board approved this with no public opposition. Christina Kitzavis abstained.
• 8716 Rogers Avenue: The Planning Commission recommended zoning from residential duplex/low-medium density and heavy commercial to commercial light (C2) to facilitate the construction of 880 sq. ft. retail buildings. Neighbors expressed concerns regarding traffic, signage, food truck hours, stormwater, and sewer extensions, but the Planning Commission voted 6-0 to recommend the change. The Board approved the ordinance.

Truck Wash Bay Resolution (Item 3):

• Project Overview: Director McDonald presented a resolution to construct a truck wash bay at the Solid Waste Services Department for $1.6 million (building) plus $0.5 million (equipment), totaling $2.2 million, funded by a dedicated Sinking Fund with a current balance of approximately $20.8 million.
• Positions:
  • Opposition: Directors Settle, Martin, and Kitzavis argued the project was a "nice-to-have" rather than a regulatory necessity. Director Kitzavis and Director Settle expressed concern that the project did not address an immediate need, questioned the return on investment (ROI) compared to hand washing, and highlighted the risk of hollowing out savings needed for future landfill cell construction ($12 million) or balancing a projected $10 million deficit.
  • Support/Qualification: Director Good expressed that the board should not pull from the sinking fund but acknowledged the need for equipment maintenance. Director Kemp expressed concern about the sinking fund balance being sufficient for future cell expansion ($12 million) and suggested the board focus on accruing enough for that, while noting potential job creation opportunities. Mayor Dingman clarified that the funds were accumulated over eight years specifically for this purpose.

Consent Decree Capital Projects (Items 4-30):

• A total of 20 resolutions were presented totaling over $77 million in construction and engineering contracts funded by $100 million in bonds.
• Bundling & Tabling:
  • Items 4 and 5 (Inliner Solutions and Hafan Associates) were approved unanimously after staff clarified that approval would move the project 50% closer to the 150,000 linear feet three-year milestone required by the Consent Decree.
  • Items 6 and 7 (TIMCO contract): Directors and staff debated the high bid ($17.13M vs. estimate). Staff noted all bidders were out-of-state due to local capacity saturation. The Board tabled these items to a study session with a requirement for a written explanation of the estimate discrepancy.
  • Item 8 and 9 (Kraft Reynolds): Approved unanimously.
  • Item 10 and 11 (Forge Grin): Approved unanimously.
  • Items 12 and 13 (Morgan Contracting): Tabled to a study session following Director Kitzavis's motion, citing concerns over the bid amount ($9.1M) and the need for a written explanation of the bid versus engineering estimates, similar to Items 6 and 7.
  • Items 14-29: Various construction and engineering design contracts were approved, ranging from $179k to $9.4M. Directors raised questions about local vs. out-of-state contractor capacity and bid transparency, but no further items were tabled following staff clarifications on scheduling and basins.

River Valley Communications Center (Item 31E):

• Issue: Authorization to waive competitive bidding and purchase priority dispatch protocol software and begin the consolidation of the Fort Smith and Sebastian County 911 centers.
• Positions:
  • Opposition/Concern: Director Kitzavis expressed concern regarding the "unfunded mandate" nature of the state legislation, citing a projection of $2.2 million in annual General Fund contributions starting in 2027. She noted that the agenda materials lacked clarity on the costs and long-term financial obligations, particularly regarding state incentives expiring on November 20.
  • Staff Position: Administration explained that the state mandated consolidation (deadline Jan 1, 2027) and that losing the current $713,000 in Motorola incentives would increase costs. They noted the project is cost-cut from the original proposal.
• Outcome: Due to the need for clarification on the $2.2 million annual commitment and the potential expiration of incentives, the Board voted to table Item 31E to a special meeting.

Key Outcomes

• Approved: Rezoning for 5724 Wheeler Avenue and 8716 Rogers Avenue.
• Approved: 11 construction and engineering contracts related to Consent Decree Remedial Measures Projects (Items 4, 5, 8, 9, 10, 11, 14, 16, 17, 18, 19, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30).
• Tabled/Deferred:
  • Truck Wash Bay (Item 3): Defeated 0-7. The Board rejected the resolution to construct the wash bay at this time.
  • Items 6 & 7 (TIMCO): Tabled to a study session for further explanation of bids.
  • Items 12 & 13 (Morgan): Tabled to a study session for further explanation of bids.
  • Item 31E (911 Software/Consolidation): Tabled to a special meeting scheduled for Monday, November 10, 2025, to discuss financial implications and state incentives.
• Schedule: A special meeting is confirmed for Monday, November 10, 2025, to address Item 31E. No meeting is scheduled for Tuesday, November 11, 2025 (Veterans Day).
• Hiring: The City has hired Mr. Todd Mitke to start as Director of Engineering on January 5, 2026.
• Audit: The Baker Tilly risk assessment for utilities is underway with data compilation in progress.