Good evening, ladies and gentlemen.

Uh welcome to the Fort Smith Board of Directors regular meeting.

Uh December the second, twenty twenty five here at the Blue Lion.

Thanks everyone for being here tonight.

Uh Director Neil Martin will lead us in an invitation and I will lead us in the Pledge of Allegiance.

Bow your head with me.

Father, we are we're thankful to be here tonight.

What an honor it is to uh do the business of the City of Fort Smith, Lord, and I pray that you would be with us and watch over us as we do it, Lord.

Be with those that are coming to speak to the board.

I pray for wisdom for them.

I pray for a spirit of unity, Lord.

I just pray that you would be with us and watch over us and be with this board as we deliberate as we make decisions, Lord.

We pray that your wisdom would fall upon us.

Um I pray that uh you would guide us as we move our city forward, and and Lord, we just we thank you and we love you, and we ask all these things in your precious and holy name.

Amen.

Now, as we ask our beloved clerk to call the roll, I just want to share with everybody that as of yesterday, it is our clerk Sherry Guard's fifteen year anniversary of service to the city of Fort Smith.

As city clerk.

So, madam clerk, may you please call the roll for us.

Certainly.

Good.

Here.

Kim?

Here.

George Cassavis.

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 for the evening.

Seeing none, uh, we'll entertain a motion to approve as written the minutes of the November eighteenth regular meeting.

So move.

Second.

All in favor?

Aye.

All right.

Just a reminder, moving into the agenda.

Uh motion and a second to adopt each item must be offered before director comments are made, and public comments on items must pertain to the presented item.

Uh first, before we get into the full agenda, we have a presentation, one of the highlights of our year every year.

Um, for Miss Deanna Rice, the executive director of the senior retired citizens association.

Thank you for being here.

Good afternoon.

I'm Deanna Rice.

I'm the executive director of the Fort Smith Senior Center, and I'm glad it's the highlight because it's also the highlight of our time of the year.

And um I this is my 20th year of doing this.

Wow.

Thank you very much.

So and and we enjoy it very much.

Uh twenty years ago, uh Mayor Ray Baker was the one he uh served on our board as our CA board, and he was the board chairman, and he was the one that hired me to replace the outgoing executive director.

And they were presenting their Christmas card long before I come along.

So and I know Mayor Baker kept lots of things in his office, so um there's probably you know, back then Christmas cards with dust and all kinds of things on it.

So but w we do appreciate it and we do appreciate very much what the city of Fort Smith does for us, um, helping fight hunger with our seniors.

And last year or last month, actually, last month, you know, we serviced, we put out over six thousand meals in the city of Fort Smith just to the seniors here in Fort Smith.

And that sounds like a lot, but it's really not because we have about sixty people on waiting list of elderly that are waiting, you know, for our services that funding has gotten very difficult.

So I know things are tough and I know it's hard, but um we do appreciate it.

We do.

I know you guys have a tough job, and uh we appreciate everything that you do.

So we do have something just to show our appreciation to you guys.

Thank you very much.

Nothing that plays music.

I'll never produce um call it tech down.

Is this kind of thing here?

Yeah, thanks.

And to all the the seniors watching, or if anyone has seen this recording afterwards, thank you very much for the effort and the love uh that you put in to this card for us.

We really appreciate it.

Thank you again, ladies.

And on that festive and heartwarming note, we'll go right to item number one, which is uh ordinance rezoning identified property and amending the zoning map uh industrial light special to industrial light at 3706 Towson Avenue.

Mr.

Administrator.

Thank you, Ms.

Um Vice Mayor.

Uh this first item, as you mentioned, is an ordinance rezoning property at 3706 Townsend Avenue.

Deputy City Administrator Maggie Rice will speak to this item.

Yes, thank you.

On November 10th, the planning commission held a public hearing to consider rezoning property located at 3706 Towson Avenue from Industrial Light Special to Industrial Light, or I one.

The property contains a little over five acres and is located on the west side of Towson.

The proposed rezoning facilitates the construction of a 40-pad RV park with amenities.

A neighborhood meeting was held on November 3rd.

One neighboring property owner attended the meeting with no objections.

At the planning commission meeting, Miss Evan Kohler was present to represent the application.

There were none present to speak in favor or opposition.

The planning commission voted six in favor with zero opposed to recommend that the board of directors amend the zoning map.

Thank you, Miss Rice.

Madam Clerk, uh, has any citizen signed up to speak on item one?

Uh we just have Miss Evan Kohler to answer questions.

Thank you very much.

Do we have a motion to adopt the ordinance with suspension of the rules?

So moved with suspension of the rules.

Second.

All right, Madam Clerk, please read the ordinance.

It's an ordinance rezoning identified property and amending the zoning map, and this is for property located at 3706 Towson Avenue.

Any comments or questions from directors?

Director Settle.

I do.

Maggie, um, a couple things.

The property in the front is going to continue to stay a C5, is that correct?

Yes, sir.

And then the proposed um 40 lots, are they gonna be temporary or they're gonna either people are gonna be transiting and out, or are it gonna be more like people are gonna park there and live there?

Because I see a lot of this up in Northwest Arkansas where you see these developments where people that's they put an RV there and that's it.

Is that kind of the thought here?

Is it's gonna be more so this is this is not a mobile home park that's a separate land use, and RV park is by nature temporary.

Okay, and the planning commission did limit the stay to six months.

They had a near identical conversation.

Okay and they limited the development plan to stay to six months at a time.

Why why limit the stay?

To six months.

Because that is temporary as defined by the building code.

So that was the number that they landed on with six months, and that was in concurrence with Ms.

Kohler.

If they came back in a couple of years and wanted to make it more permanent, would there be many changes needed to be done to do that?

Yes.

A permanent establishment for mobile homes or this type of land use is completely different.

It's a different zoning district, in fact.

Okay.

Yes, sir.

I just know that Northwest Arkansas sees some a lot of these up there where they mobile home parks where you people work and they they throw their RVs and they that's where they live at.

So that's Riza's asking.

Yes, it's my understanding that the applicant, Ms.

Kohler, is the intention is not ever to have this as a mobile home park, but an RV camping establishment.

Very cool.

Thank you.

Director Martin.

Uh Maggie, is the Pickleball Court the only amenity here?

Yes.

There actually there are some walking trails and sidewalks that will be embedded inside.

Um, but yes, other than that, I think those are the only amenities that are proposed.

This is, you know, on the eastern side of Mill Creek, so they'll you know, then that is where the pickleball court and walking trails and such will be located.

Okay, thank you.

Any other comments or questions?

Seeing none, Madam Clerk, please call the roll.

Directors Rego?

Yes.

Good.

Yes.

Kemp?

Yes.

George Gitzavis.

Christina Kitzavis?

Yes.

Settled.

Yes.

Martin.

Yes.

Approved.

Seven in favor and zero opposed.

May we please have a motion to adopt the emergency clause?

Second.

Madam Clerk, please call the roll.

Directors good.

Yes.

Kemp?

Yes.

George Kit Savis.

Christina Kitzavis?

Yes.

Settled.

Yes.

Martin.

Yes.

Rego.

Yes.

Motion passes.

Seven in favor and zero opposed.

Thank you.

Item two is an ordinance rezoning identified property and amending the zoning map from residential multifamily medium density three to a planned zoning district at 3505 Johnson Street.

Ms.

Rice.

Yes, sir.

On November 10th, the planning commission held a public hearing to consider rezoning property at low located at 3505 Johnson Street from an RM3 zone to a plan zoning district.

The proposed plan zoning district will allow for the existing church building to be utilized for a government office, which is a tax preparation business, and other uses listed within the land use chart.

A neighborhood meeting was held on October the 30th.

Three neighboring property owners attended the meeting with traffic concerns and questions regarding the type of land uses permitted.

At the planning commission meeting, Ms.

Benoit was present to represent the request, and there were none present to speak in favor or opposition.

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

Thank you.

Madam Clerk, did any citizen sign up to speak on item two?

Yes, Benoit is Ms.

Benoit is here to answer questions.

Thank you for being here.

May we have a motion to adopt the ordinance with suspension of the rules?

So move and suspension of the rules.

Second.

All right.

Madam Clerk, please read the ordinance.

An ordinance rezoning identified property and amending the zoning map, and this is for property located at 3505 Johnson Street.

Thank you, Director Martin.

Maggie, there are several conditional uses in the land use if the owner chooses to in the future go to one of those conditional uses.

Does it have to come back to the planning commission or the board?

It has to go back to the planning commission, yes, sir.

Okay, for conditional use.

Yes, sir.

Okay.

So the conditional use based off of we make this change tonight if they if they make a change in the future.

Yes.

If they choose to do one of the land uses that's listed as a C within that land use chart, it will require an additional public hearing.

Okay, thank you.

Yes, sir.

Any other comments or questions on item two?

Seeing none, Madam Clerk, please call the roll.

Directors Kemp?

Yes.

George Get Savis.

Christina Kitzavis?

Yes.

Settle?

Yes.

Martin?

Yes.

Rego?

Yes.

Good.

Yes.

Approved.

Seven in favor and zero button.

May we please have a motion to adopt the emergency clause?

So move.

Second.

Madam Clerk, please call the roll.

Directors George Kit Savis.

Christina Gitzavis?

Yes.

Settled?

Yes.

Martin?

Yes.

Rego?

Yes.

Good.

Yes.

Kemp?

Yes.

Motion passes seven and seven in favor and zero opposed.

Thank you.

Item three is an ordinance amending the master land use plan map and rezoning identified property and amending the zoning map.

Master land use plan, residential detached to residential attached, rezoning industrial moderate I2 to residential single family duplex high density at 1815 and 1819 Worsing Avenue.

Ms.

Rice.

Yes, sir.

On November 10th, the planning commission held a public hearing to consider the subject master land use plan amendment and rezoning applications.

The proposed master land use plan amendment to residential attached and zoning to residential single family duplex high density or an RSD four zone facilitates construction of two duplexes on individual lots.

A neighborhood meeting was held on Octur October 30th.

There were no neighboring property owners in attendance.

At the Planning Commission meeting, Mr.

Hamilton was present to represent these applications, and then there were none present to speak in favor or opposition.

The planning commission did vote six in favor with zero opposed to recommend that the master land use plan map and zoning map be amended.

Thank you.

Madam Clerk, did any citizens sign up to speak on item three?

Uh yes, we have Mr.

Charles Hamilton to answer questions.

Thank you for being here, sir.

Uh may we please have a motion to adopt the ordinance with suspension of the rules.

So moved.

Suspension rules.

Second.

Thank you.

Madam Clerk, please read the ordinance.

It's an ordinance amending the master land use plan map and rezoning identified property and amending the zoning map, and this is for properties located at 1815 and 1819 Worsing Avenue.

Thank you.

Do we have any comments or questions from directors?

Seeing none, Madam Clerk, please call the roll.

Directors Christina Kitzavis.

Yes.

Settle?

Yes.

Martin?

Yes.

Rego?

Yes.

Good.

Yes.

Kemp?

Yes.

George Getzabis?

Yes.

It's approved.

Seven in favor and zero opposed.

Thank you.

May we please have a motion to adopt the emergency clause?

So move.

Second.

Please call the roll.

Director Settle.

Yes.

Martin?

Yes.

Rego?

Yes.

Good.

Yes.

Kemp?

Yes.

George Gittsavis.

Christina Gitzabis.

Yes.

Motion passes.

Seven in favor and zero opposed.

Thank you.

Item four is an ordinance setting the dates, time, and location for regular meetings of the board of directors for the year 2026.

This was placed on the agenda back on the November 10th study session.

Madam Clerk, any introductory comments.

I I will just advise that at the November 10th study session, the board reviewed various meeting dates for 2026.

Only the dates, time, and location of regular meetings are required to be set by ordinance.

So the proposed item retains the regular meeting time of 6 o'clock p.m.

and the meeting location here at the Blue Line in 2026.

Regular meetings have historically been held on the first and third Tuesday of each month, and the proposed ordinance retains that for 2026, with the exception of October and November.

In October, the first regular meeting is scheduled for Monday, October the 5th, and this alternate date is to allow the mayor and members of the board to attend the annual law enforcement event known as National Night Out, which were which is always held on that first Tuesday in October.

In November, the first regular meeting is scheduled for Monday, November the 2nd.

This change is because 2026 is a general election year and the election will be held on Tuesday, November the third.

The alternate date is proposed merely to allow either the mayor or any director at large seeking re-election to campaign until the polls close at 7:30.

Okay, thank you.

Do we have any citizens sign up to speak on item four?

None indicating.

Okay.

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

So move suspension rules.

Second.

Madam Clerk, please read the ordinance.

An ordinance setting the dates, time and location for regular meetings of the board of directors for the year 2026.

Thank you.

Do we have any comments or questions from directors?

Seeing none, Madam Clerk, please call the roll.

Directors Martin.

Yes.

Rego?

Yes.

Good.

Yes.

Kemp?

Yes.

George Gitzavis.

Christina Gitzavis?

Yes.

Settled.

Yes.

It's approved.

Seven in favor and zero opposed.

Thank you very much.

Item number five is an ordinance repealing section two-47-2 of the Fort Smith Municipal Code regarding board member attendance at meetings by electronic means.

Madam Clerk.

Yes.

In 2020, during the COVID-19 pandemic, public health officials recommended limiting in-person attendance at public meetings by the members of the governing body.

Due to that recommendation, the board adopted ordinance 23-20, which defined the term present and allowed board members to attend meetings electronically.

This allowed them to be counted for a quorum and to vote.

Act 505 of 2025 provided multiple amendments to the Freedom of Information Act, but specifically requires that members of a governing body be physically present to be counted for a quorum or to vote, except during a governor declared disaster emergency.

This means that electronic attendance is no longer permitted.

Thank you very much.

Did any citizens sign up to speak on item five?

Yes, we have Joe Elskin.

Thank you for being here, Ms.

Elskin.

Thank you.

I'm concerned about the board, so when I looked at that, I thought, you know, if you can't be here or if you come late, I feel like that you should be able to participate in discussion electronically, but not vote.

Okay.

Follow the law, not vote.

Um I feel like these are tough times.

And you all all represent different wards, different populations.

You have different expertise and different concerns.

All of you want this city to improve.

All of you do.

Maybe you have different ways of getting there, but you want that.

So I feel like I would like the board to be to be aware of the necessity of working together and honoring each other.

When you all work in your planning sessions, you all honor one another.

But um when you have pressure from the audience, and the worst case scenario when a audience member or more than once gets to speak for five minutes against a board member, that destroys the board ability to really work.

When anyone is attacked, it undermines the integrity of the board.

So I feel like every member should be able to participate, maybe not vote, but all of you should be supportive of one another.

If I have a disagreement, I'll talk to you privately.

And I may say awful things privately, but I won't say them publicly because I respect this board.

Even when I disagree with you, I respect you.

So I would like for you to look into maybe do what other cities do, limit personal attacks, cut someone off from saying things that are personal attacks.

What's wrong with that?

Thank you, Ms.

Elskin.

Appreciate your comments.

Okay.

Thank you.

Madam Clerk, anyone else signed up on item five?

That's all.

Thank you.

Uh now we'll entertain a motion to adopt the ordinance with suspension of the rules.

Some of the suspension rules.

Second.

Madam Clerk, please read the ordinance.

Ordinance repealing Section 2-472 of the Fort Smith I'm sorry, repealing Section 2-47 subsection two of the Fort Smith Municipal Code regarding board member attendance at meetings by electronic means.

Thank you.

Do we have any comments or questions from directors?

Seeing none, Madam Clerk, please call the roll.

Directors Rego.

Yes.

Good?

Yes.

Kim?

Yes.

George Get Savis.

Christina Gsavis?

Yes.

Settled?

Yes.

Martin.

Yes.

It's approved.

Seven in favor and zero opposed.

Thank you very much.

Items six A through six J are the various capital improvement plans.

6A is a resolution approving and authorizing implementation of the five-year sales tax program for street bridges and associated drainage improvements.

6B authorizes and approves implementation of the streets and traffic control capital improvements plan and implementation of the 2026 sidewalk program.

6C authorizes and approves implementation of the five-year capital improvement plan for the 1-8% sales and use tax for parks and recreation.

6D approves and authorizes implementation of the 10-year capital improvement plan for the Solid Waste Services Department.

6E is a resolution adopting the 2025 Transit Asset Management Plan for the Fort Smith Transit Department.

6F is a resolution approving and authorizing implementation of the 2026 Prioritized Capital Improvement Plan for Water.

6G approves and authorizes implementation of the 2026 capital improvement plan for non-consent decree wastewater.

6H approves and authorizes implementation of the 10-year capital improvement plan for consent decree wastewater.

6I approves and authorizes implementation of the five-year capital improvement plan for the Fort Smith Police Department.

And J is approves and authorizes a five-year sales and use tax program for the fire department capital improvements.

Mr.

Administrator, were there opening comments that any uh department heads wanted to make, or shall we go to any comments from citizens?

I believe we can go to comments from citizens.

Okay.

Madam Clerk, does anyone sign up to speak on any of 6A through J.

Yes, just one?

Crystal Cadelli on item 6C.

All right.

I have two minutes.

Welcome, Ms.

Kedelly.

Good evening.

I I want to speak on uh item C.

And you know, looking at the 2026 uh parts budget for the 1-8 sales tax, they have budgeted $7.3 million in capital projects.

Um and then on non-capital projects, roughly $3.9 million.

So I, you know, I I have concerns with that uh dollar amount uh since we have uh talks again about getting our sewer and water rates increased.

And you know, we have the director of the senior citizen center up here saying that they have 60 elderly people waiting on meals because they can't afford food.

And I I just think that we need to take that 4.2 million dollars for the water slide out of that 7.3 million, that is considered a capital project, and we need to put the 4.2 million back into the general fund and quit uh you know, making the citizens' sewer and water rates increase.

Thank you very much.

Thank you.

Uh may we uh now we'll entertain a motion to adopt resolution 6A through 6J.

So move.

Do we have a second?

I have questions.

I'll second the motion so we can talk to discussion.

Uh Director Martin.

Um I have a question about C and then I have a question about um uh another one, we'll get to just a second.

So with item C, it kind of relates to what Ms.

Skidelli talked about.

Um we have we as a board haven't talked about it, but you know, I'll we've had a lot of disagreement about the slides.

Um, we've already paid the money uh to the uh for a majority of the of the slides.

Um three point some odd million, there's another six hundred thousand ready to go, or that remains to be paid.

Um, and we we've we've gotten bids and estimates about what it will take to complete the slides.

Not knowing what we're ultimately gonna do.

I've seen I've I've heard Director uh George Katzavis and I and I don't want to put words in your mouth, but I direct I think Director Christina Katsav has talked about selling the slides.

Um I think one of the things that we have to look at, however, is if there's any additional dollars, if that's a big if.

I don't know what the board is gonna do.

But the if there's any additional dollars that need to be paid for these slides to get them up.

I feel like that this needs to come from parks.

I don't know.

I'm not I'm not saying that you know what I don't know what the board's gonna do with these slides, but I don't think they can come from I don't think we can expend any more general fund dollars.

So we've got the CIP here for parks that I feel like we need to put a hold on until we figure out what we do with these slides and then approve at that point.

If any additional dollars need to come out, I think they've got to come out of parks.

I'm I'm I'm with Ms.

Cadelli.

I I think we should have paid for the 4.2 million out of parks, and we we had it there, and I don't want to rehash all that, but I think any additional dollars.

If any additional dollars need to be spent, I think they need to come out of parks.

So I'm gonna be a no on this at this point until we talk it through and kind of make those decisions.

But that's that's my thought process.

So as it sits today, this CIP I'm not good with.

Okay.

Thank you.

Thank you, Vice Mayor.

Uh Director Martin, to your comments.

Uh one thing I would say is are these CIPs amendable?

Um they are amendable, and the projects will come to us.

Okay.

They they they 100% will come to us.

I just have a fear that once they come to us, we're all a yes.

So so at what you're you we're gonna have to make the decision of what we're gonna have to cut at that time after they're ready to bring us a project.

I say we pause this.

And I don't know what that means to you at one thing.

I can if you'd like um Well let me hold hold on just one second.

Let's kind of we'll finish this and we'll come back to you.

But I uh I feel like at that point we're now going to individual projects, which one we want, which ones we don't.

And I would rather make this decision now, put the put the pause now and then and then deal with it.

I understand your perspective.

Thank you for sharing.

Um interest earnings of the park dollars that are held, you know, in bank in the trust of the bank.

Are those allocated in this CIP?

Is it just the actual the bank interest?

Was that allocated in this plan?

It is not in this plan, but for those numbers, I'd have to defer to finance.

Right.

So one thing I would say as I've been talking to a couple couple local contractors on this, trying to get them to help us see if there is any more way more realistic viable option.

It does seem like there is a more realistic viable option, but they're even we're still trying to tighten up on a few things and get some other bids on uh like rebar and concrete and some cost.

So there's some work there.

Um one thing that I was gonna point out was there is I think and Andy, maybe you can speak to this, but there is a half a million dollars from interest earnings, correct, upon these dollars that perhaps maybe could be going towards something that the board decides to use it towards.

Is that something you could come and speak towards?

And then also, Mr.

I would like to in my time allotment have you speak to what would this delay by delaying this?

So uh, but if if if you want to go ahead and speak to that while Andy's coming, it'd be fine.

So I think it's important to note that yes, there is $7.3 million in expenditures.

However, three and a half million dollars of that is funded through grants.

So the pretty much the only thing we would be able to eliminate is something worth $300,000.

Because do we want to delay not doing stuff that is dilapidated and needs fixed on a future conversation?

Because in I mean, honestly, in our experience, sometimes it's a couple weeks and sometimes it's several months.

So we're having to juggle are we going to get these dollars or are we gonna use pretty much all of our operating funds that are already limited to make it to where people can still use it?

So it kind of puts that us at in a difficult position because we presented the CIPA and we had these plans to get going, but if we have to use all of our standard operating budget to make sure citizens can still enjoy these amenities, then we're not we're gonna have to come back for more money to operate later in the year just to be fully transparent.

Thank you for sharing that.

Andy, do you have a you have a number there that you're able to pull up?

Let's see.

So, yeah, so it looks like I mean, based upon the balances, she's probably the the park sales tax funds probably earning about a hundred thousand a year.

So she's not I don't know how she allocated she just allocated current year dollars.

Receipts and the grant funds that she's anticipating, and she's she's not looking at the existing funds.

You know, there's it typically carries about well, at the end of September 30, there was a couple million dollars left in the parks sales and use tax fund to end of the third quarter.

So there's another thought that is this that as they're trying to tighten down on if there is some other opportunity with metal or concrete, is this could be phased, you know, instead of storing them somewhere where that would be a great cost and associated with that, building them on site in the air can be done closer to the 600 number.

It's it's still gonna need uh a couple hundred thousand above that.

But that would be you could phase it, you could do phase one and do that with some end of the interest earning dollars, and so that they are actually there and in place.

The things that are driving the cost of that as I've dived into this project is the pump house and the the commodities that go along with the pump house and at the bottom of the slides and at the bottom of the pump house essentially is a huge underground pool.

And so there are ways to separate this project in a way to get more competitive bidding.

Uh there are ways maybe to talk to people about a concrete cost and our our rebar cost, and then I think there are ways to look at this interest earnings from the bank to help the shortfall there.

And so I feel confident that there's ability to build those slides on site uh without touching the CIP of the park plan as it stands here.

But obviously uh I can respect your your pause on it, but it sounds as if also that it does consternate due diligence of the park.

So that's where I'm just giving my comments to at the time.

Thank you.

Thank you, Director Christina Kittsabas.

Well, I would say to hang the slides up where they look like they're operational, but they're not.

I think that's gonna make people more upset.

I I think that's just dishonest.

Where it looks like we're trying to pull something over on everybody.

Like, look, we got them up, you still can't use them.

You know, initially that 4.2 million was supposed to be all inclusive.

It was supposed to include the concrete, it was supposed to include the pump house.

But I I don't know that I want to see that money come out of parks.

I want to see the park sustaining itself.

I mean, that's what I would like to see is for for us to not keep pouring money into parrot island for it to be self-sustaining.

We stood out in the cold last night at Creekmore, and you know, we served hot chocolate and popcorn, and I don't know how many people I saw that had holes in their shoes, or maybe they didn't have a jacket on, maybe they couldn't afford a jacket.

They're but they're paying taxes too.

They're out, they're buying things, they're paying taxes too, and I I think that money should go back into the parks that they can use, not a park they can't afford to go to.

Thank you.

Okay, and Director Martin, I believe you had a question on 7E or 6E as well.

Yeah, um, so uh I had some conversation with Jeff and um uh earlier today.

Um looking at, you know, as we're as we're looking at budget for 2026, there's about a 300 mil or 300,000 uh impact to the general fund for capital expenditures out of transit in 2026.

Um when uh when I started looking at that and looking at those dollars, you know, I've I've had the the folks that are I don't I'm not advocating this yet, um I'm not adequate advocating for this, but we have um a potential situation with the cemeteries.

And if we uh I'm not I'm not I I'm not funding, I'm not saying we're funding cemeteries, but the communication that I've gotten, I think the board has gotten is those are gonna get turned over to the state.

And do we have a situation on our hands at that point?

I I would like to conserve and save as much money as we can, especially out of the general fund, in case something happens with these cemeteries and we're forced to take them on.

I'm not saying we are taking them on, I'm not advocating for that at all, but I think we're looking at a couple things, and we just talked about one of them slides, and we're looking at these cemeteries that are potential things that are waiting to hit us in the face that um you know, even on top of our the budget cuts that we were talking about, um are gonna come and and we're gonna be potentially faced with some potential um items that are gonna deplete our uh our fund balance and and drive us negative out of the general fund.

So what I'm saying here is put a one-year pause on transit spending, $300,000.

I know that that takes us out of consideration of for a number of uh uh capital expenditures that are funded federally, but I think we've got to there's some things that we've got to do that we've we've got to prepare ourselves on, and and I think uh pausing this for a year is something we need to do.

Okay.

Any other comments or questions on item six A through J.

Seeing none, Madam Clerk, please call the roll.

Directors Kemp.

Point of inquiry.

Sorry, want to ask a question here.

Those are valid comments we talked about.

Are we wanting to table items to the 16th of December?

Just so that due diligence can be done on those, or are we just going to vote by your name?

Vote.

All right, yes.

George Kitsavis?

No.

Christina Kitsavis, no.

Settled?

Yes.

Martin?

No.

Rego.

Yes to all but F.

I'm a no on F.

Okay.

Good.

Yes.

Okay.

Motion passes.

Four in favor and zero all opposed on all items, with the exception of item six F.

Well.

I'm sorry.

I have a point of inquiry.

It was they're voted all together.

So the are the no votes wished to be no's all of the items, or are they wish to be no's against particular items?

Well, the motion was to uh adopt collectively, as if I'm not mistaken.

Is that correct?

Yes.

Yes.

Okay.

You I never mind.

Okay.

So we have with item F.

Um it would it is defeated because there were four no's on F.

Okay.

All the others are adopted.

Thank you very much.

Item seven is a resolution authorizing the mayor to execute an agreement with Aqualaw C for legal assistance with consent decree related matters.

Mr.

Dickman.

Thank you.

Item seven is a resolution approving an agreement with Aquala LLC for legal services related to consent decree matters.

Uh Director of Water Resources Plants MacAvoy will speak for this item.

We're answered questions from the board.

Thank you, Mr.

McAvoy.

Um since 2017, we have been utilizing Aqua Law PLC to aid us in negotiations with uh DOJ and EPA on the consent decree.

Uh some of the things that they have done is they have helped us reduce stipulated penalties that were assessed as well as move our negotiations forward.

Um last year we began doing a year-by-year agreement as opposed to amending the agreement that we had.

Um this is as an ads needed basis.

So basically when when we're working on stuff, we get billed if if there's times that DOJ is in waiting, there is no billing.

Um so that is is where we're at.

I have provided the update for the 2026 hourly rates, and I'll stand for questions.

Thank you very much.

Uh Madam Clerk, do anyone sign up to speak on item seven?

Any citizen?

Yes, we have one.

Joey McCutcheon.

All right.

Mr.

McCutcheon, thanks for being here.

Thanks for having me.

Um I think there are times when when clearly we need specialized legal services in the city, and I think I think this is one of them.

Um however, I'm I have concerns about the state of negotiations.

It doesn't seem like we've heard anything on the state of negotiations.

Uh and maybe I'm wrong about that, but the city uh small majority, small minority of the citizens passed uh a huge tax extension uh on this on this uh consent decree, and it just seems like we should have some information about what's going on with the negotiations uh to make it more palatable palatable to the citizens of Fort Smith.

But I think the board, as I've said before, is missing the boat.

Not only do we need a resolution authorizing uh the mayor to execute an agreement with Aquala, we need a resolution to authorize the mayor to execute an agreement with an engineering firm that can also provide specialized specialized assistance with engineering issues that will give the citizens complete confidence that our bidding process, for example.

I mean, we said in this room a couple of months ago, and million after millions of dollars uh could have been thrown away because we executed apparently these bids at the same time.

And I mean, literally it was I think it was something like was it eight million dollars?

Was it four million on each but that's very concerning?

And and I just with the amount of money that the citizens have approved for the consent decree project.

Uh why does the board not even respond to my question after question to hire an engineering firm, a specialized engineering firm that's gonna direct this project and manage this consent decree project from now until the end of it?

It's it it's good money.

It's it's good tax dollars that are spent on a good project, and that is an engine just like we have specialization with Aqualaw, in my opinion, we desperately need specialization with a qualified engineering firm.

Thank you.

Thank you.

Uh may we have please a motion to adopt the resolution?

Some of the second.

All right.

Any comments or questions on directors?

Director Christina Kitzavis.

Uh well, I would I would say I I do agree that we need to hire a specialized engineering firm for the consent decree project.

So if I have not communicated that effectively or clearly, um I I agree with that.

Um, I don't I don't think they're who we need to be working with.

And Lance you spoke to reduction in stipulated penalties.

I don't know that I've seen that.

I would say, and I've I've said it before, I'll say it again.

When I've met with Paul Calamita, he said that Fort Smith was getting a better deal than we deserved.

And I don't want an attorney that thinks I don't deserve a good deal.

So what uh what stipulated penalty reductions have we seen?

So our first um, and I would have to go back and pull all the data, but one of the first ones that they actually hit us with was for over 2 million dollars, and we got that negotiated down to I believe it was 800,000.

Um another one that they had was around 750, and we got that down to uh want to say between 500 and 600,000.

And that was on the sanitary sewer overflows.

That's still a lot of money.

Well, I have um reached out uh to the White House and I had been calling them, you know, week after week after week, trying to get a meeting to uh, you know, I told them this is oppressive.

The people who bear the burden of this have a median household income of fifty-six thousand dollars a year, and they had agreed um to meet with me and one or two other people.

We were supposed to do that when we were in DC, and um we were unable to do that because of the government shutdown, but you know, that didn't cost anything but my time.

And they have agreed um to meet again.

I'm gonna be going in February, paying for my own trip out of my own pocket, uh, but I'm going back to meet with them and see what we can do.

So I I I don't know that Aqua Law for the money we're paying them.

They it doesn't seem like they believe in us, they don't think we deserve a good deal.

Uh I I think we need somebody that believes in us that that can see the progress we're making, that you know, are we approving projects all the time for consent decree and uh that will really go in and advocate for us because when I was advocating uh with the White House with the Trump administration, I said this is oppressive, and I sent them the information, they said, you know what, we agree.

So and I'm not an attorney, and I'm not charging what are they charging per hour?

Is it 200, 400?

480.

480.

Yeah, thank you.

Director Martin.

Uh couple things.

So while the government was shut down, we did get notification from our attorney that he had been authorized not to do any negotiation or not to work on our uh modification.

Is that correct?

Correct.

Uh Ken Long with uh DOJ did send an email that said that he was told basically to stand down from all consent decree projects that he was.

So that so that when did the government open back up?

Uh in November, right before Thanksgiving ish.

Okay.

So we we've got a gap there.

Uh secondarily, um we budgeted money for an outside firm in 26, 27, 28.

Am I correct on that?

In our in our CIP for an engineering firm for an engineering firm.

Yes, what Mr.

McCutcheon was talking about.

Yes, sir.

Okay.

I just want everybody to hear that.

It's budgeted.

We just got to go do it.

We got to hire them and do it.

Yes, sir.

Okay.

Thank you.

Mr.

Ding.

No, I'll I'll say that uh I I do believe Aqua Law has advocated for us uh very well, and I understand the comments that were made, but but also the the I mean those types of comments made to your client in a in a one-on-one meeting or one thing, but advocacy uh before the Department of Justice and the EPA and in court uh is a is a different thing.

And I do I do believe that Aqua Law is representing us and in fervently in terms of dealing with uh the Department of Justice and getting us where we need to be.

Any other comments or questions from directors?

Uh Director Kemp.

Thank you, Vice Mayor.

Uh Colby, if you could speak to this, uh just a quick question.

Once again, if the city determines by if we hear nothing from the DOJ and the EPA and and and resolutions back to us and then say the next four months, and we decide that the services that Aqua Law is providing are very much inadequate.

Can we terminate this agreement as is written?

Well, as I understand the proposed agreement, it's uh as is as needed hourly basis.

And if the city doesn't request services of aqua law, then there's no I'm I mean then there's no payment due.

So unless there's an agreement that ties you to a term, which I doubt that is the case, then you the city is not bound to keep using Aqua Law if it doesn't want to use Aqua Law.

Oh, could we also retain one of their competitors to represent us per se?

Is that gonna be okay?

Unless there's something in agreement that I haven't seen that somehow prohibits that, which would be very unusual.

The city would not be prohibited from seeking any other expert legal counsel that it desires.

Okay.

Thank you.

Director Kitts.

I have a question for Colby.

Colby, in your time as an attorney, have you ever told a client you're getting a better deal than you deserve?

Director Kitsavis, I don't believe I've ever said that, but as Mr.

Dingman said, I you know, your attorneys can be very candid and should be very candid with the client.

Um and I don't know what your interactions have been with Mr.

Calamita.

I haven't worked with Mr.

Calamita very much, but you know, I don't I I would be hesitant to say that you know if he's giving you some sort of dire uh communication directly and and you know privately, that that doesn't mean he doesn't have the city's best interest heart.

I mean I can't speak for him uh and I haven't worked with him very closely, but you know I I just caution that type of implication.

Okay, thank you.

Sure.

Any other comments or questions?

Madam Clerk, please call the roll on item seven.

Directors good.

Yes.

Kim?

Yes.

George Gitzavis.

What do we tell me?

Explain it one more time.

This is to uh approve the contract with Aqua Law.

For legal services for consent decree.

I would recommend it.

Okay, but if we if we don't renew, then my if we don't, yeah, then we we will uh basically utilize daily in woods who does not have, although they are very experienced lawyers and I have a lot of faith in them, do not have the specialized consent decree knowledge, if you will.

So we have a rep we have a a relationship made with DOJ and EPA.

Uh they know Paul, they know that was made under the old administration.

That relationship was made under the Biden administration, correct?

But it's ongoing.

It's it's been under people.

And it was actually under Trump as well.

With new people.

Yes.

Okay.

We've been trying to modify this for how many years?

Uh since it was adopted.

Yeah, since 2015 when it was adopted, and it it was the end of 2016 when the former city administrator was here that he got Paul and we began working through that.

Uh DOJ was very obstinate at that time about any modification.

Um we have seen a lot of movement.

Uh in fact, uh last well, I guess it was this year, we traveled to Dallas to meet the new EPA Region 6 uh administrator.

Um Mr.

Calamita was there at the time, and he actually made some very strong statements to the new administrator about the work that Fort Smith has done, uh, praising the work that we have done.

And you know that builds inroads.

So do I recommend this?

Yes.

But what one more question?

Once once we get a uh uh an agreement with DOJ as to the scope of the work, the years, this, that do we still need them?

We can terminate it at any time.

We could we could keep him on retainer and and only pay him if we used him and and not pay him if we you know if we if we don't need him for a year, there's no billing.

Um this is just the board authorizing us to utilize Mr.

Calamita.

Where does their pay come from from what department?

Uh it comes from water and sewer funds.

Utilities.

Yeah.

Okay.

All right.

Thank you, Lance.

Director Kitzavis, how are you voting?

Uh uh one more time.

I'll do this uh one more time, yes.

Sorry, Christina Kittsavis?

No.

Settled?

Yes.

Martin?

Yes.

Rigo?

Yes.

Motion passes six in favor and one opposed.

Thank you.

Uh, item eight is a resolution approving and authorizing the mayor to execute change order number one with Kraft Reynolds Construction Company for the 2017 SSA remedial measures in subbasin MC 08, project number 19-17-C one.

Mr.

Ding.

Thank you.

Thank you.

Items eight and nine are two resolutions related to the same project.

Item eight is a resolution authorizing a change order to reduce the contract amount and performance period of a contract with Kraft Reynolds construction company for construction of SSA remedial measures on project number 19-17-C1.

Item 9 is a resolution accepting the project as complete and authorizing final payment on the project of Kraft Reynolds and the amount of 407,135.

Okay.

Mr.

Johnson, do you have any introductory comments on eight or nine you wish to make?

I've got a few.

On October 8th, uh 2024, the board of directors approved the bid of Croft Reynolds construction in the amount of $3,145,779.

The scope of this project included approximately $2,301 linear feet of eight inch diameter and 92 linear feet of 12-inch diameter sanitary serial replacement using open cut methods.

2,166 linear feet of eight-inch sanitary sewer line replaced with the pipe burst method.

$1,831 feet of eight-inch cured and place pipe.

Included in your packet is a map showing the location of the project and project summary.

The project has been completed and a reconciliation change order is required to adjust the contract to reflect the actual work performed.

The change order provides for a deduction of 250,000 seventeen dollars and fifteen cents from contract amount and also removes 94 days from the contract.

That'll entertain any questions.

Thank you.

Madam Clerk, did anyone sign up to speak on item eight?

None indicated.

Okay, then we need a motion to adopt the resolution.

So moved.

Second.

Any comments or questions from directors?

All I will say is uh 94 days faster than originally thought, and 250,000 under budget is good work.

Madam Clerk, please call the roll.

Directors George Get Savas?

Yes.

Christina Get Savas, yes.

Settled.

Yes.

Martin?

Yes.

Rego?

Yes.

Good.

Yes.

Kemp.

Yes.

Approved.

Seven in favor and zero opposed.

Item nine is a resolution accepting the project as complete and authorizing final payment to Kraft Reynolds Construction Company for the 2017 SSA remedial measures sub basin MC 08, project number 19-17-C1.

Madam Clerk, did any citizens sign up to speak on item nine?

None indicating.

When you have motion to adopt the resolution, please.

So moved.

Second.

Any comments or questions from directors?

Seeing none, Madam Clerk, please call the roll on item nine.

Directors Christina Git Savis.

Yes.

Settled?

Yes.

Martin?

Yes.

Rico?

Yes.

Good?

Yes.

Kemp?

Yes.

George Get Savis.

Yes.

It's approved.

Seven in favor and zero opposed.

Thank you.

Uh there are four items on tonight's consent agenda.

Item 10A is a resolution approving a contract with Daly and Woods.

PLLC for general legal services for 2026.

10B is a resolution approving and authorizing the execution of an agreement with First Western Insurance Agency for Insurance and Risk Management Advisory Services for 2026.

10 C is a resolution authorizing the Fort Smith Police Department to apply for grant funding through the Patrick Lahey Bulletproof Vest Program Partnership Program.

And 10 D is a resolution approving and authorizing the execution of change order number one to the agreement with Fire Trucks Unlimited LLC for job number 29039 and authorizing final payment for job number 29039.

That's Pumper 5.

Do any board members wish to remove any item for separate consideration?

Okay.

Thank you.

Madam Clerk, did any citizens sign up to speak on any of the consent agenda items?

Yes, we have two on item 10A, the first being Joey McCutcheon.

All right.

Mr.

McCutcher, thank you.

I'm giving this some thought on the city's relationship with Daly and Woods.

I think that that the certainly $200 an hour seems very reasonable to me.

I question very often why cases aren't settled.

For example, the one involving Mr.

Dingman with the internal auditor.

You said in on it, Director Kemp.

And you saw the inconsistencies in the testimony.

So I say that to say I think sometimes uh we're seeing a very combative approach, not necessarily with Toby.

I think Kobe is a fine lawyer.

I think the I think the city has a wonderful lawyer in Kobe Rowe.

But I see a combativeness, and I'm wondering if some of these that and I thought that talk business and politics did a remarkable job in terms of FOIA and what the cost of our representation has has been from 2020 to 2024, 2.25 million dollars.

That's an average of 377,000 a year.

I don't know, and I don't know if you know if that's a reasonable sum or not, but I think this board should wait right now, and I think they should get some have Mr.

Dingman or whoever the the responsible person is to do this, find out what Rogers is doing, find out what Russellville is doing, find out what Bentonville is doing, find out what Fayetteville, a reasonable comparison to what we're doing.

And can we hire a lawyer for two lawyers for $150,000 and hire a paralegal for $30,000?

And that way we lock it in and we get new representation.

We've had the same city law firm, uh, and I've spoken on this before since I believe this this document says 1967 through this consent decree project.

And to me, that's concerning that they were the city's lawyer throughout this entire process, and we see where we are today.

And the question that I have, where were they and why weren't they speaking up year after year after year?

And now this is dumped on this board to deal with this consent decree and the residents who live here now.

So I guess bottom line, what I'm asking is table this and see what other cities are doing and see if there is a a better approach.

Um as I said, the fee is not unreasonable, $200.

We obviously see that $480 per hour uh with Aqualaw, they're specialized though.

Uh but I I think it's time to to look at a different approach uh to what we're doing with legal representation.

Thank you.

Thank you.

Madam Clerk, who else is signed up?

Next we have Crystal Cadelli.

Thank you, Ms.

Cadeli.

Good evening again.

Um I want to speak on this because I I do have some com concerns about the current representation, and not because they're not capable.

I I fully agree with Mr.

McCutcheon.

I think that they are capable attorneys.

Um my concern is um the connections within the community.

And um I'm gonna give you an example of that.

The FOIA on the proposed sports complex really opened my eyes to some of the um interworkings of the Fort Smith government.

And you know, it was a it's very concerning to me that a private citizen can have communication with our city attorneys regarding an MOA, and unless I wasn't given a complete uh FOIA documentation, there was nothing in there that gave this private citizen permission to be communicating directly with our lawyers on MOA.

Um to me, uh one, the citizens are paying for that, and two, that is they should have their own legal representation.

They should not be communicating with our city government and our city legal team on um on MOAs.

Uh the other thing that I would say is that I think that the city should be looking for uh law firms outside of this town.

I think that you know, even attorneys are uh subject to pressure and pressure from certain groups or certain individuals.

So I'll ask tonight to um you know pause this and do our due diligence on what other cities are doing and see if we can find other representation.

Thank you.

Thank you.

Uh anyone else sign up, madam clerk?

No, that's it.

All right.

Do we have a motion to adopt the consent agenda items?

So moved.

Second.

Any director comments or questions on any item?

Director Martin.

I will make a motion.

I don't I don't think we can necessarily or excuse me.

I'll I'll make a comment.

I don't think we can necessarily pause atom A, because we need representation in 26, at least for a period of time.

But I think it would be worthwhile just to explore what happens in other cities and have something to the board by March.

That way that way we we have we still have representation, but we we've got time to do our due diligence.

So I would request that.

Okay.

Director Kenneth.

Just a couple questions on this while we're since we're talking about on the topic.

Mr.

Diemon, if you could what kind of notice is posted?

I know when we talked about this, there was an article and some research about you know, should we look for other people?

But this is a professional services thing that any law firm could sign up to throw their name in the hat for consideration.

Is that correct?

That's correct.

And who who all turned their names in?

The well, first of all, the the city clerk maintains the professional services list uh for the statements of qualifications that have been turned into the city for uh for review on any any sort of project regarding professional services, including legal representation, and you know that the annually puts out that call for uh statements of qualifications to be put on the list for professional services, and in my understanding this year, as in many of the previous years, uh uh Daily and Woods was the only professional service provider for general legal services that submitted statements of qualification.

And how are those notices posted out or for firms?

I'll defer to the city clerk if she go through the process that she uses.

Thank you.

Yes, it is published in the Democratic Gazette every year by September the 15th.

Okay.

Thank you.

And uh Mr.

Rowe, if you could just for just a quick question, uh if it'd be okay if you'd be open to that.

Uh what's the city's scorecard over the last several years with representation with Daly and Woods?

I mean, how how has the city fared in court?

Uh well there have been a handful of FOI cases where the court has found the city has not complied with um the open records provision of the FOIA statute.

Umside of those, the city handles or city initiates multiple uh imminent domain causes of action that that our firm handles.

Um we handled other general civil litigation.

We've handled the uh lawsuit regarding the recycling class action.

Um but out outside of those FOIA cases, um I I don't know of any where the city has been assessed a judgment uh for damages.

Um again, I'm also not talking about imminent domain actions where the city is trying to acquire an easement right-of-way or a street right-of-way.

Sure.

The other one is uh would you would you want to give a comment to the question of the private citizen talking about an MOA?

Is that something that you are aware of that transpired?

I don't think I know context.

I think I know the circumstance regarding the indoor sports facility.

Um first let me start with I I communicate daily, multiple times a day with city staff.

Uh city staff contacts me regularly, and that's I think what what you would want.

Um and there was a communication with our office that I handled with Ms.

Backert, I think that's her name, of the AMP commission or or with the through the A and Commission about this indoor sports complex.

And so through that communication with her, uh another individual was involved, and and we were asked, Dale and Woods are asked to prepare a you know a form memorandum of understanding or memorandum of agreement that could be considered by the by the city.

And of course, that would have to come to the board at some point if it was ever going to be approved.

And so, yes, I communicate with that city staff person as well as this other gentleman who was involved or proposed to be involved.

Um that I don't think is unusual.

Uh you know, I have communications with staff and others regarding city matters routinely.

Okay, thank you for that.

Um yeah, I mean for me, I I would say by policy, the administration should always, including with aqua law or any other legal representation, I I would task that administration should always be pursuing the best representation.

And if if we don't have it, I don't look at the representation, I look at the administration for that.

Um and I think when I look at the FOIA cases, those are things that I think led to us making good staff changes for reporting with FOIA.

Um, and so I appreciate that.

I do personally prefer someone reachable, so I give have concerns about outside town stuff for that reason, but um I always uh want us to have representation, so I do plan to vote for it.

But I always uh want us to have representation, so I do plan to vote for it.

Thank you.

Any other comments or questions on consent agenda items?

Director GitHub?

I'd like to say on item A.

You know, my concern was having someone that is separate in a way from City Hall, but also, you know, like we saw with the 911 consolidation, that was going to turn into a multimillion dollar deal.

So, you know, I think on its face, it would be worth considering what it would look like to have two attorneys and a paralegal.

I just worry we'd take something like that and turn it into a five million dollar expenditure.

But I had looked into what Fayetteville was doing.

I haven't um called around to some of the other places.

Um that's where my thoughts are at.

Thank you.

Thank you.

Any other comments or questions?

Madam Clerk, please call the roll on the consent agenda.

Director Settle?

Yes.

Martin?

Yes.

Rico?

Yes.

Good?

Yes.

Kemp?

Yes.

George Kitsavis.

Christina Kitzapis.

Yes.

It's approved.

Seven in favor and zero opposed.

Thank you.

Um as we start the officials forum.

I just wanted to um share a few things.

Uh Dr.

Rick Murphy, um, who I think a lot of us know uh up here on the board and um was uh you know active person for many, many causes in the community over the years, um, passed away late last week.

Uh and his funeral service is uh this Friday, the 5th of December, uh 10 a.m.

at Immaculate Conception Church.

Uh he was somebody uh who made a large positive impact for good in this community, um, and he will be missed.

Uh and then also just wanted to make a special mention.

Um we received these very, very nice prayer cards uh up uh to us this evening from First United Methodist Church, uh quoting from Isaiah 40, 10 and 11.

Uh the sovereign Lord rules with a mighty arm.

He gathers his lambs in his arms and carries them close to his heart.

Uh, we're keeping you in our prayers.

We are very grateful uh for your leadership.

May God fill your heart with special joys and discernment every day.

Thank you.

I know I noticed these at everyone's space up here.

Thank you to Patty Payne and the Congregational Care Ministry team uh for these very thoughtful cards.

Uh Director Good.

Thank you, Vice Mayor.

A couple of things.

Um I'm thankful that you mentioned um Dr.

Rick Murphy.

You know, I wanted to um just point out that he was uh one of the founding members of the Arkansas Citizens Climate League as well as the Arkansas Environmental Educational Association.

You know, the Vice Mayor said um he was one of many people that that we recognize that comes to our city board meetings that has a positive impact for good on our overall uh city staff and as well as the board.

Um so thank you for mentioning you know our friend Dr.

Rick.

You know, and also I'll I also wanted to mention that that Robbie Wilson also passed.

He was also one of those founding members of Arkansas Climate League.

We have a lot of people that that we know personally in our families work that have recently passed or have passed that you know do wonderful things in the community.

And um, of course, we can't name them all, but you know, I know many that you don't know, and I'm sure you all know many that I don't know.

But let's just be thankful that we have those relationships with those folks and thankful that they put their time and energies in the greater good for the city.

Thank you.

Oh, oh, oh, also speaking of greater good, uh I attended a um an event this weekend, um, and two of our departments were were given awards for um outstanding uh service to our city and to the citizens.

The fire department and the police department received awards from uh the the 14th round table uh and Chief Danny Baker was there to accept the award on behalf of his department who uh graced the stage with the look of the dance moves, but nothing like uh um fire chief, assistant fire chief uh Ethan is it Millard?

This guy got up there and proudly took his plaque.

He also began to act like he was gonna do a little strip and and and maintain that he said that I wasn't always you know uh this professional before I became a professional firefighter.

But anyway, we have a lot of wonderful things and a lot of wonderful uh people in our city departments doing wonderful things in the community, so thank you, folks.

Thank you, Director Good.

Director Kemp.

Nothing for me, thank you.

You're welcome.

Director George Gitzapp.

Yes, Clance.

One more time.

There you go.

I need we need to clear something up.

I've had several calls from people are getting these letters about the pipes under their house.

Lead, copper.

Okay.

Well the if they're led, then what happens?

So we're required by the federal government to put out these letters, and these are for houses that were built before 1987.

Right.

So if does a homeowner have to replace the pipes?

If they're led, no.

No, they do not.

Okay.

That's what's going on.

We're just trying, we're just trying to find out, and really what we're looking at is from the meter up to the structure.

So what's called the service line.

Um, what is the material that's that's there because we have to report that to EPA.

And we have a certain amount of time to um do that.

And the the thing that we're requesting in those letters is if the homeowner wants us to do a determination, we have to have per their permission to enter their property to do some test digging to find their line to determine what the material is.

If they do not want us to do that, we're not going to go on their property.

Okay.

People are just scared, you know, looking at 20, 30,000 replacement.

I don't blame them.

Yeah, we've this will be the fourth notification that we've sent out, and we're required from this point forward to do it annually.

Thank you.

Lance, if if folks do grant you the permission to determine the material of the pipe, is there a cost?

No, to that.

No.

We will do that, and we actually have that uh set up in uh our work order system, which is known as Lucity, and uh Mr.

Meeker's team uh under public works will be doing that in the next several years.

Well, Lance, is this a precursor for for the EPA to come in at a later date and say, okay, now you gotta take them out?

So if right now, the way the the law is written, if there is lead between the main and the meter, we are required to remove it.

We the city, we the city, because that's our our service line.

Okay.

The issue that we have is from the meter to the house to the house.

Um the way that the interim lead and copper rule is written, is that we are if we if we know that that's what it is, um EPA wants the city to pay to remove it.

The problem is in Arkansas as well as many other states, that is illegal use of you're you're talking about public funds for private benefits.

Right.

So uh several states have filed lawsuit on that, as well as the American Waterworks Association.

So that whole thing is in limbo.

Okay.

Um Central Arkansas Water actually tried to get a law passed that they could use bond funds to fund that project, and the state legislature defeated that.

Yeah.

Okay, thanks, Lance.

You're welcome.

Anything else, Director Gonzales?

No, sir.

Director Cassina can set us.

Um Jeff, when I got here today, I had this um at my seat, environmental quality report from the ADEQ, and it says that the Denali permit was renewed November 24th.

Have you seen this?

So I this was I spoke, I think it was in back in April, maybe.

I spoke against this 20 people spoke against it, and the permit was still renewed.

So you know, they um I'm frustrated by this because my understanding was that they were going to be shutting down operations.

Is that the communication they've been giving us?

I've I've not had communication from Denali in quite some time, and I'm uh I'm not familiar with uh the correspondence she put.

Those are the same things.

What was what they had that open house on?

Yes.

That's the same thing that what we were talking about with the smell here?

Yeah, enforcement.

Oh, I didn't know there was anything.

Yeah, the lookout.

Uh certainly.

Is that okay, Mr.

Ego?

Uh two minutes.

Can you just take a minute?

Um my understanding is they rem renewed the permit to spread this stuff, but uh my understanding from talking to the lawyer is is that they're closing down that pit over there.

And and I don't know that I'm thinking that closing down the pit may solve a big part of our problem.

Uh and hopefully the board will, you know, Mr.

Dingman, somebody will continue to talk to DeMott and Denali because they've told me that by the end of the year, and that's kind of what they told us at that meeting that they were closing down that pit.

The end of this year, that's right.

Yeah, the end of 25, so any time now.

But I think it's important that our city government as well as the folks at Mr.

Dingman, our leadership has contacts with our contacting Denali, contacting their legal representation, putting some pressure on them so that we get that closed down, because we're continuing to smell it, and hopefully shutting down the pit will solve the problem.

But it it'd be nice if they would start spreading these permits out across the state and not inundating the river valley with them.

So that's that's kind of my take on where we are now.

Okay, it looked yeah, it looks like I saw your name on here.

They were going to send you the same communication.

Did you get it?

I I haven't seen it, but I mean, we've got it just now.

Okay.

Yeah.

I'll take a look at it though.

Thank you.

Thank you.

Thank you, Mr.

Cutchen.

Direct Settle.

Uh, yes.

Uh, I'll talk about Christmas for a little bit.

Uh, last night with the board of directors had an opportunity to light the Christmas tree uh at uh Creek Crew Park.

But everybody knows that I do a Christmas show in the in the River Valley.

Uh, and I thank Josh and the team for publishing about an hour ago, the list of all the free shows that uh in the River Valley that does a tight community that we have besides myself and my parents' show.

Uh, you have Extreme Light Show, uh, Born Bright Light Show, uh, South All Light Show.

You have the Deadman Light Show in Greenwood, the Lights on Locus Show in Greenwood, the Freedom Tree in downtown Vampirin.

Uh, there's a lot of free shows, a Hubert uh over uh Hubert uh Family Christmas show up on Riley Farm Park.

There's a lot of free shows that uh people can drive by, enjoy the music, enjoy the time with their families.

Uh just drive up, attorney radio station's appropriate station, and enjoy the lights.

Thank you.

Thank you.

As we talked earlier with the um the budget for 2026 for sewer, we had the the money budgeted for an outside firm.

How soon can we get an RFP out there to solicit uh firms and and their opportunity to assist or uh oversees consent?

For project management, I mean that I think we actually have an RFP pretty close to ready to go.

The board had asked for a study session discussion on that topic of project management in January.

We have it scheduled uh for one of those study sessions.

Very good.

Perfect.

Thank you.

Mr.

Dingman, anything?

No, sir.

All right.

Uh then we are going to convene into executive session uh to review applications for city administrator.

Thank you.

We have reconvened after reviewing some applications for the position of city administrator.

How any thoughts or ideas or conversations on how we'd like to proceed moving forward?

Director Kemp.

Thank you, Vice Mayor.

Um, after talking through these candidates, um, I'd like to make a motion for us to consider tonight for Monday, December fifteenth at six thirty PM to conduct some interviews.

Uh I would like to direct HR to get in contact with four specific candidates, at least from my seat of this, to see if they're available to be interviewed that night.

Those consisting of Scott Rigby, Dean Johnson, Matthew Harlan, and Jeffrey Dingman.

Um like a zoom for the like a zoom interview from I'm seeing like a kind of like a time slot that we can designate for each of those with uh leadership direction of availability.

And executive session.

Okay.

And uh I would suggest probably if anything does show up um as HR is looking into the backgrounds of those four individuals.

Um probably be wise if they made us aware of anything that they come across.

Correct.

Yes, which would take appropriate actions.

Okay, okay.

We have a motion, a second, a third and a fourth.

If we could do a roll call vote to include the special meeting.

So please call that roll.

Rigo.

Yes.

Good.

Kemp, yes.

George Get Savas.

Christina Getzavis.

Yes.

Settle.

Yes.

Motion passes six and five or zero opposed.

Thank you all very much for your thoughtfulness.

Uh, do we have a motion to adjourn for the evening?

So we'll move second.

All in favor?

All right.

We stand adjourned.

Thank you.