Fort Smith City Board of Directors Meeting - November 18, 2025

The Fort Smith City Board of Directors convened for its regular meeting on November 18, 2025, to address a range of legislative, financial, and community issues. Key topics included the annual certification of delinquent property cleanup liens, the implementation of new study session requirements for unbudgeted capital projects, and controversial fee adjustments for business licenses and solid waste services. The meeting also featured a special presentation regarding the new Fallen Firefighters Memorial and several routine consent calendar approvals.

Consent Calendar

• Routine approvals for the minutes of the November 4, 2025 regular meeting and the November 10, 2025 special meeting.
• Acceptance of 7B through 7G, including final payments for roof repairs, acceptance of utility easements for Highway 45, and a third-party solid waste services contract.
• Item 7A (Sale of surplus property at 7700 Texas Road) was moved to a separate vote due to the introduction of a more advantageous offer ($50,001 vs the original $40,000 offer).

Public Comments & Testimony

• Charles Tidwell (Property Owner): Expressed objection to the lien certification for a dead tree at 1515 North 34th Street. He argued he attempted to hire a tree service but was hindered by a contractor who declined to work without a bucket truck and another who failed to return calls. He stated he learned the tree had already been removed without his knowledge or permission. He claimed the tree removal caused damage to his property, including the side of his house, and noted he intended to use the wood for heating.
• Kim Fodge (Village Harbor Property Owners Association): Expressed support for the Neighborhood Services department but highlighted concerns regarding staffing shortages preventing timely inspections. She recommended the hire of an environmental inspector. Regarding the solid waste rate increase, she expressed opposition regarding the impact on nonprofit associations and small businesses, stating the community feels "nickel and dimed to death." She requested clarification on specific charge calculations.
• Joe Elskin (Citizen): Expressed concern regarding the business license fee increase for non-resident businesses. He questioned the benefit beyond the projected $100,000 revenue gain, arguing that a $500 fee might deter out-of-state businesses from entering the city and that it could make Fort Smith seem less business-friendly.
• Rocky Walker (Greater Fort Smith Association of Home Builders): Expressed strong opposition to the proposed 40% increase in landfill disposal rates for commercial entities (from $36 to $50 per ton). He argued that the rate hike would increase construction costs by a significant margin, thereby reducing housing affordability. He noted that 2.5 dumpsters are typically used for a 2,000 sq. ft. home and suggested a 20-25% increase would be more equitable. He also noted that the notification process seemed insufficient for trade members.

Discussion Items

• Fallen Firefighters Memorial: Acting Assistant City Manager (on behalf of Fire Chief Daryl Clark) presented plans for a new memorial at Fire Station One. The project involves a life-size bronze statue sculpted by Austin Weichel, a firefighter-artist, to honor eight fallen firefighters, including Monty Howard, Eric Morrison, and Chief Christensen. A brick-purchasing program is launched, with bricks priced between $150 and $2,500. The foundation, a 501(c)(3), will manage the funds.
• Delinquent Property Cleanup Liens: Clerk staff presented 326 liens totaling $175,230.11, the highest amount since the process began in 1997. Two property owners requested appeals: Charles Tidwell and Dora Lopez. Director Guard presented evidence that Mr. Tidwell's property was abated due to non-response to notices. A motion was made to certify the liens while excluding Mr. Tidwell's property and referring it back to the Property Owners Appeal Board in December.
• Capital Project Study Session Ordinance: Director Christina Kit Savis proposed requiring unbudgeted capital projects over $500,000 to go through a study session and a seven-day cooling-off period before a vote. After a review of 14 unbudgeted items over the past two years, she amended her motion to lower the threshold to $100,000. The Board discussed the definition of emergencies and ultimately removed the requirement for a two-thirds vote for emergency exceptions to ensure nimble response times.
• Business License Fee Ordinance: Deputy Administrator Maggie Rice explained the proposal to increase the annual fee for businesses without a physical presence from $100 to $500 and eliminate the first-year waiver. She argued this targets out-of-state contractors (contractors-based and storm relief workers) who utilize infrastructure without paying property taxes. The Board sought to incentivize local brick-and-mortar investment.
• Solid Waste Service Charges: Director of Solid Waste Services Dwayne McDonald presented a proposal to increase the landfill gate rate from $36 to $50 per ton and adjust commercial/industrial rates to cover escalating costs, citing a 25% increase in the Consumer Price Index (CPI) since 2020. The goal was to sustain the Solid Waste Fund and keep the residential rate of $15.89 static. Staff proposed adding a $15 return service charge for missed pickups and allowing residents to utilize the $10 discount for up to two cubic yards of waste every day of the month rather than just the first Saturday.
• Construction Manager Bidding: During the discussion on capital projects, Citizen Crystal Cadelli suggested requiring a sealed bidding process for the selection of construction managers to ensure cost savings, rather than sole-source hiring. Staff clarified that while construction managers are selected through negotiation, the specific portions of projects they manage may still go to sealed bids.

Key Outcomes

• Ordinance Certifying Delinquent Liens: Passed 7-0. The 326 liens (excluding Mr. Tidwell's property at 1515 North 34th Street, which was referred back to the Property Owners Appeal Board) were certified to the Sebastian County Tax Collector. The lien removal provision allows for adjustments if partial or full payments are received prior to submission.
• Ordinance on Capital Projects: Passed 7-0 (with amendments). The ordinance requiring study session review for unbudgeted capital projects over $100,000 was adopted. The emergency clause was amended to allow for direct City Administrator action without a two-thirds board vote, provided the threat is immediate and urgent.
• Ordinance on Business License Fees: Passed 7-0. The fee for non-resident, non-brick-and-mortar businesses was increased to $500, and the first-year waiver was eliminated.
• Ordinance on Solid Waste Services: Passed with 4 votes in favor, 0 opposed, and 2 abstentions (directors George Kit Savis and Christina Kit Savis). The ordinance to update solid waste charges, including the landfill rate increase to $50/ton and the daily residential discount, passed with two directors abstaining due to insufficient information to make a determination at the time.
• Resolution on Sewer Easement: Passed 6-0. The board authorized the acquisition of a sewer utility easement for $11,500, accepting the property owner's counter-offer to avoid the higher costs of eminent domain proceedings.
• Resolution on Surplus Property (Item 7A): Passed 6-1. The sale of surplus property at 7700 Texas Road was approved to the highest bidder ($50,001). Director Matt Martin voted against the sale, citing the need to contact the school district to see if they required parking for the nearby Calvin Hall School.
• Appointments: The board entered and reconvened from executive session to appoint committee members, including Michelle Dudrow to the Audit Advisory Committee, Christina Kit Savis and Director Neil Martin to the Building Board of Adjustments (Director Good continued service on the Audit Advisory Committee).
• Adjournment: The meeting concluded with a motion to adjourn.