Good evening and welcome to the fourth Miss City Board of Directors meeting on this January twentieth of twenty twenty-six.

Keep in mind these meetings are being televised live for the benefit of our residents who can't be here with us in person.

May we have compassion and care for one another, and may we understand, Lord, we are better when we come together, Lord.

Thank you for what you're doing, how you're prospering us.

May we be mindful in Jesus' name.

Which is one nation under God.

Thank you very much.

This time we'll ask the clerk to call the role.

Directors Rego.

Here.

Good.

Here.

Kim?

Here.

George Get Savage.

Christina Kitsavis.

Here.

Settled.

Here.

Martin.

Here.

Okay.

Thank you very much.

This time I'll ask if there's any presentation by a member of the board of any item of business not already on the agenda.

Okay.

Seeing none.

We'll ask for approval of the January 6th, 2026 regular meeting.

So moved.

Second.

Thank you.

All in favor?

Aye.

Thank you.

As a reminder from the clerk, a motion and a second is always to adopt the following items.

And they must be offered before director comments or made.

Public comments on item must pertain to the presented item.

With that, we will go to the first item on the agenda.

Thank you, Mayor.

The first item this evening is an ordinance adopting the 2021 edition of the International Property Maintenance Code.

Mr.

Sean Gard, Director of Neighborhood Services will speak to this item and answer questions from the board.

Good evening, Mayor, Board and Administration.

Before you this evening, you have a uh an ordinance uh for the City of Fort Smith Neighborhood Services Department to move from the 2018 International Property Code, International Property Maintenance Code to adopt the 2021 code from the International Code Council to be more in alignment with our building and safety department who adopted International Residential Building Code 2021, I believe just uh maybe a year, a year and a half ago.

Within your uh memo there, there are a couple changes that I that I outlined uh differences between the 20 eight the 2018 and 2021.

I uh I contacted International Cold Council and got a red line version of the 2021 and done a uh chapter-by-chapter comparison between the 2018 and 2021.

Most of the changes that I've noted in there are not in the body of the International Property Maintenance Code, but during the administration parts on delivering of certified mail and some within the fire code.

One of the significant changes is within the fire prevention portion of the International Property Maintenance Code.

It outlines mainly in the 2018 version or addition, mainly just stressing on fire safety.

The 2021 alludes to more of life safety.

Uh one of the uh big changes is on personal uh the portable heaters that folks will they will buy.

Uh to I understand people got to stay warm, but they are probably one of the biggest fire hazards that we see during this time of year, but it kind of it makes it where no more than two portable space heaters are utilized at one time, and they cannot be the main source of heat for a property.

Uh they have to have an approved heating system in there, which is a safety factor.

Uh but after reviewing it, I didn't see any really significant changes that's going to impact uh the residents of Cit City, the citizens of Fort Smith, other than some of the safety things that are being included into the property main the newer initiative of the 2021.

And I'm happy to entertain any questions on this one at this time.

Okay, thank you, Sean.

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

Just one, uh Joe Elskin.

He's staying here.

Oh done.

Yeah.

So um I'm I'm for safety, and I just have some.

When I looked at it, I thought, since it's copyrighted, it's it's not available to people.

And since we're always complaining about people not following code, I just wanted to know how um how people can get the updated.

And and what triggered me is the fact that there are so many people who are not able to provide um, they can't afford electricity.

They cannot afford heating.

And a space heater uh is probably yeah.

I understand that I might my dad was a fire protection engineer.

Okay, I get it.

But I just wondered how people can know what the code says and try to figure out how to how to navigate that in in safety and yet affordable.

That's a good question.

Very good question.

Per the ordinances, there's three copies of the 2021 International Property Cape Property Maintenance Code on file with the City Clerk's office right now.

We are we're looking at before too long, hopefully to get that uh if anybody wants to review the code, they can go to the International Code Council ICC uh website, and I will get with uh Josh to maybe get that uploaded onto our city's website so people have a link that they can go and view the the 2021 just like we've done with the 2018.

So we'll we'll work to get that available once and if adopted.

Okay.

Okay, thank you.

Uh at this time we'd entertain a motion to adopt the ordinance with suspension of the rule.

Some of us assistant rules.

Second, second.

Madam Clerk, please read the ordinance.

In ordinance amending section six-401 of the Fort Smith Municipal Code for the purpose of adoption of the 2021 edition of the International Property Maintenance Code.

This time we'll take comments from the board.

Thank you, Mayor.

Um Mr.

Gard, I guess my question is the spirit of this change that's being proposed came because we looked at an international ordinance.

Was there were there fires that were turned in reported related to this?

Uh one thing is is we operating under the 2018 edition, Director Kemp, is we try to stay neighborhood services tries to stay in alignment with the building and safety department.

And if they're operating under under one edition of the codes and we're operating out of uh older edition, sometimes the fire codes in one section won't line up with the other one.

So we're trying to stay in alignment with the other department.

Uh so we're when our inspectors go out, property maintenance inspector, we're addressing a fire structure or dilapidated structure.

We want to make sure what codes we're addressing or the alignment with the building and safety department.

So we're just trying to stay current, both departments together.

And some of the things in reviewing the 2021 with some of the verbiage when it comes to fire safety and emergency egress, the 2021 is definitely explains it the safety issues much better than the 2018 edition does.

Can I ask a question?

I'm thinking of a particular person I know that I've helped before that their house heat went out.

And then we stepped in and helped them with some heaters, you know, that were bought at Lowe's that are nice.

They have stands and thermostats on them.

Um and that helped them them get by.

Um saying that that if they can't do that anymore?

No, no, not at all, Director.

Okay we we under we understand that uh sometimes people have financial hardships, sometimes you're in the middle of the winter and you have your your heat and air go out.

Yeah, and we definitely don't want nobody getting cold or freezing in the winter time.

Uh the thing is is we would ask if you're going to have to use a portable space heater to take the safety precautions, and there will be some gov delivery notification media notifications going out because of the extreme cold weather is coming in to explain how to be safe with space heaters.

Uh but we do we would ask that as soon as possible or financially possible that they get their heat source, their their main heat source repaired.

And but we we will certainly work with people.

So would Ms.

Kabucci's team that deals with some of the the money that can help people in certain situations that may qualify.

Could this would any of those dollars ever be available?

And maybe that's not a question for you, but would any of those ever be available to help someone on the tough times?

I know we fix like leaky roofs.

Would that ever apply in a situation related to the colour?

Well I know emergency situations can be applied through the CDBG, but uh Deputy City Administrator Maggie might be able to respond to that better.

Yes, HVAC should qualify as long as the the home qualifies.

So you have to be owner occupied, you can't be in a flood zone.

There are certain requirements that you have to meet, but that is an option.

Okay.

And Sean's group is really good about referring client customers to Candace's department.

Yeah, I just want to thank you for that.

I just wanted to clarify because I, you know, people are trying to do what they got to do to get by.

So we're going to create something where we like or not even a partner for them, or now creating more problems upon problems.

Thank you.

Okay.

And we're in in our department, if folks have a question, and hopefully there's people watching live here at home.

And if they have a concern about whether they're they're they're operating safety with a portable space heater or or something like that, they can contact our department.

We've been more than happy to send somebody out there, give them direction, give them some pamphlets or information to make sure that they're keeping their home safe for them and their family.

Okay.

Thank you.

Any other questions for Shah?

Okay.

Madam Clerk, call the roll.

Directors Rego.

Yes.

Good?

Yes.

Kemp?

Yes.

George Kitsavis?

Christina Kitsavis?

Yes.

Settled?

Yes.

Martin.

No.

It's approved.

Seven in favor and six.

I'm sorry.

Six in favor, one opposed.

Okay.

Item number two.

Item two is an ordinance.

Uh ordering the demolition of four dilapidated and dangerous structures in the city.

Mr.

Guard.

Before you this evening, uh, we have four structures we've had open cases on for quite some time.

Uh locations of 3222 Blair, 3925 Row, 1108 North Ninth Street, and 510 North K Street.

Um the Blair structure in the memorandum that you received in your board packet.

This has been a uh structure that's been open since uh well 2011.

And uh it's been boarded up.

We've been abating this property for quite some time, exhausted.

Uh probably the first question that comes to mind is why so long.

And so this is one of the these are one of these structures that uh that was boarded up, and per the International Property Maintenance Code, structures are allowed to be boarded up for one year.

After one year, they either have to pull a permit and return the structure back to a viable structure, or the city or the jurisdiction can move forward with uh raising uh action.

This one, this one right here, uh we have dealt with it, we have reached out, we've done legal searches, and we've exhausted every means possible, and we've had a criminal summons waiting for quite some time to be served, and we've done this multiple times.

But this is one I don't want to say it slipped through the cracks, but we are doing our best right now.

Some of these older ones that Director Martin, I know that you brought up to us before the ones have been hanging out there for quite some time.

We're trying to move forward as quickly as possible this year to get all these older ones taken care of and resolved, and where the properties could hopefully somebody will buy the property and uh want to do something with it.

It's in a good location off of Blair Avenue there.

Uh 3925 row is been vacant for quite some time, no owner cooperation.

Partially it's burned, pars most of it's collapsed already.

This one has not been open that long, but because of the due to the serious damage and collapsing of the structure, it's a hazard to a neighborhood if anybody was to wander up onto the property.

And uh the 1109 north 1108 North Street had fire damage to it.

Um there's over $3,000 in liens on that one, and the one up 510 North K has been boarded up for a couple years now.

It's time to get something done on that one as well.

Okay, thank you.

Are there any citizens' comments on this item ma'am?

Sorry, none indicated.

Okay.

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

So move the submission of the rules.

Second.

Thank you.

Please read the ordinance.

An ordinance ordering the owners of certain dilapidated and substandard structures to demolish same, authorizing the city administrator to cause the demolition of such structures to occur and for other purposes.

And this is for uh structures located at 3222 Blair Avenue, 3925 Row Avenue, 1108 North Ninth Street, and 510 South K Street.

Okay, thank you.

Are there any board comments?

Director Good.

Thank you, Mayor.

Just have a question for uh Ms.

Guard.

Um Sherry, on this, when the um the structures on the how on on the properties are demolished, and I'm I'm asking Sherry because I talked to you about this property before.

Does it then go to the commissioner of state lands?

The land?

No, not automatically.

What happens is if the city uh demolishes that structure, we will put a place a lien on that property, and it will go through the same process all processes all other property cleanup liens.

We will uh seek reimbursement for that.

If they do not reimburse that, if it if that invoice for reimbursement of the demolition, if it is not if it is 90 days delinquent as of June 30 of next year, then it will be included in the process to certify to the county for certification for collection with a 10% penalty assessed.

Then if that is not paid to the county, then the county it could be forfeited to the commissioner state lands.

Okay, long process.

Thank you.

Okay, thank you.

Any other questions?

Okay, if not, please call the roll.

Directors good, yes.

Kemp?

Yes.

George Kitsavis?

Yes.

Christina Kitsavis, yes.

Settled, yes, Martin, yes, Rigo.

Yes.

It's approved.

Seven in favor and zero opposed.

This time we'll obtain a motion to adopt the emergency clause.

So moved.

Second.

Thank you.

Please call the roll.

Directors Kemp.

Yes.

George Kitsavis?

Yes.

Christina Kitsavis?

Yes.

Settled?

Yes.

Martin.

Yes.

Rego?

Yes.

Good.

Yes.

Motion passes.

Seven in favor and zero opposed.

Okay.

Thank you.

We'll go to item number three.

But before I just like to thank the board, administration, mayor's office for the support for me and my department.

We we truly appreciate it.

And uh we're looking for a good year this year.

Thank you.

Thank you, Director Good.

Yeah, Sean, before you step away, just want to uh to commend you in your management uh over your apartment is producing a lot of happy folks, particularly in my in my ward.

So just wanted to say thank you for all you do and thank your guys.

I sure will.

We finally got fully staffed and they'll be starting in two weeks.

Yes, sir.

So thank you so much.

All right.

Okay.

Thank you.

With that, we'll go to item number three.

Uh items three A and three B both relate to the construction of water slides at Parrot Island Water Park.

Item 3A is an ordinance authorizing the appropriation of 1,274,935 from the general fund reserve for this one-time capital improvement as authorized by the city's fiscal policies related to fund reserves.

This the 2026 budget projects a year-in fund balance of 34 percent in the general fund reserve, making this appropriation reduces that estimate to 31 percent, still well above the city's fiscal policy for reserve funds and capital spending.

Item 3B, which has been revised, and the hard copies that you're placed to the board.

Um item 3B is an ordinance authorizing two construction contracts with Royal Ridge construction for installation of water slides and pump house components at Parrot Island Water Park.

The contract for water slide components amounts to $1,059,934 and twelve cents, and the alternate contract for pump house components amounts to $680,000 for a total of $1,739,934 and twelve cents.

The city took sealed bids for installation of the water slides in October 2025.

We received two bids, the lowest being $2,828,810, which had exclusions that would have not have delivered a complete project.

The higher bid of $3,134,000 had no such exclusions, but is also well above the funds available for this part of the project.

Since that time, we have worked with the local contractor to evaluate the specifications and identify ways to reduce cost of the water slide infrastructure.

Royal Ridge Construction has produced a proposal of the $1,059,934 and twelve cents to install plumbing, fittings, and concrete foundations to allow the slides to be erected and put in place.

An alternate number includes installation of the pump house facility and complete electrical package for an additional for an additional six hundred and eighty thousand dollars.

Together, the proposal totals one million seven hundred thirty-nine thousand nine hundred thirty-four dollars and twelve cents.

These are the contracts presented for approval this evening, and they do not include the pool equipment, pumps, and piping required for completion.

This work is being priced by another local contractor right now and is expected to be close to our $600,000 estimate with this site with site amenities, fencing, sidewalks, landscaping, and the estimated total cost of this project is two million six hundred eighty-nine thousand nine hundred and thirty-five dollars.

Funds for this project will come from the six hundred and fifty-five thousand dollars that remains from the original 4.2 million dollar project budget, $760,000 from the interest earnings on the parks sales and use tax proceeds, and the $1,274,935 appropriation that is the subject of item 3A this evening.

Staff proposes this path forward to accomplish the board's decision to do this water line water slide expansion project.

With that introduction, I'll turn the discussion to the board.

Okay, thank you.

Thank you very much.

Madam Clerk, this time we'll go to citizens' comments.

Okay.

Uh we did have 10 individuals to sign in to speak.

The first being Kim Fodge, and each will have two minutes.

Okay.

Because of the number of uh comments, please uh hold to the two minutes, and we'd appreciate that.

Thanks.

Good to see you, Kim.

Good to see you.

Um the October 31, 2025 balance sheet.

Parrot Island has limited liquid funds and are unable to meet their financial obligations.

Most of their assets are in the CIPs.

I did a quick ratio on the balance sheets for the last two years.

A quick ratio is a measure of a company's ability to pay their bills with their most liquid assets.

The fiscal year 2024 balance sheet showed a ratio of 0.94.

The 1031 2025 balance sheet showed a quick showed a ratio of 0.22.

Anything less than one indicates a liquidity issue, suggesting liquidating inventory and assets or new loans are needed to pay debt.

In short, Parrot Island can't pay their bills, and the taxpayers are having to bail them out.

Due to ongoing maintenance issues with an aging infrastructure, installing additional slides will not remedy the issue and will only make it worse with additional operational and maintenance costs.

The proposed budget for 2026 indicates that there will not be a substantial increase in revenue versus versus expenses with the additional slides.

Before any decision is made on the slide installation, we need to get a complete picture of what's going on at Parrot Island.

And an audit needs to be completed.

Spending additional monies before then is egregious, and anyone who votes to do so is not being a good steward of taxpayer monies.

Thank you.

Next we have Eric Wideman.

Between 1996 and 1997, Smithsonian Art Train toured Fort Smith, Arkansas.

I was involved in bringing that here to town.

In 1996, I organized the planning of 165 crate myrtles on Phoenix Avenue across from the New VA Clinic.

The Fort Smith Rotary Club paid for the trees.

About three years ago, I talked to Mayor McGill about maintaining the trees.

He passed me off to David S.

Roberts.

This went on for a year.

I got nowhere.

I went to AR DOT to ask them to apply pressure on the city.

The next thing I knew the trees were being dug up.

My friends were calling me and telling me the trees are being dug.

I contacted Neil Martin.

He told me ARDOT made them do it.

I do not think that it's good stewardship or an enhancement on something that was meant for the city to be there when things progressed on Phoenix Avenue.

Currently, I had a discussion with City Director Kemp.

I asked him what marketing for our promotion plans there are for making the water park successful.

Apparently there are none.

He said that was what we tasked the management company with.

Thank you.

Two minutes is up, sir.

Thank you very much.

Next we have Chris Cadelli.

Good evening.

I'm going to run through this since we've got two minutes.

As a member in good standing of the group labeled as poisonous rot by Director Rigo on social media for speaking against reckless spending and misplaced priorities.

I oppose this ordinance.

We haven't even made it through January, and we're already talking about more reckless spending that will likely threaten the health of the general fund and represent a slap to the face of vital city employees being asked to do more for with less.

Even more egregious still is the affront this represents to the taxpayer.

You had a nice water park getting by with modest subsidies relative to some of the other entities we subsidize in this town.

With regard to the no bid, uh I oppose that as well.

This ordinance is based on a laundry list of concerns.

This opposition to this ordinance is based on a laundry list of concerns, including but not limited to the following.

Transparency.

There's never been a complete audit of the water park and documents shared from a recent FOI indicate a host of operational and infrastructure issues.

The no-bid contract offer offer after other contractors went through the start the standard bidding process appears completely antithetical to the competitive bidding process.

I do not understand how a sitting board director can participate in the recruitment of a certain contractor, consult with contractor during the bid process, then vote on the ordinance for approval.

This appears to me to be a conflict of interest, and I most certainly asked Director Kemp to recuse himself from tonight's vote.

Thank you.

Next we have Crystal Cadelli.

Crystal Cadelli.

Good evening.

So I recently obtained a FOIA request with hundreds of documents.

Reading through those documents, I found several concerning issues regarding Parrot Island.

Their infrastructure and finances were very uh concerning to me, being unpaid invoices, delayed payments, difficulties making payroll, and late payments to the city of Fort Smith Water Department.

Between 24 and 25, the park incurred costs of at least $836,000 for repairs on pumps, leaks, and surge protectors.

I think the addition of this slide and the aging infrastructure will only create additional maintenance expenses.

This is very concerning since the park already operates in the red.

If we cannot make payroll and we can't pay the main resource that the park needs to operate, which is water, then we definitely do not need to be adding to that infrastructure.

I also found it interesting that while citizens are struggling with unaffordable water bills, pair islands bills from July 2024 to October of 2025 averaged to be about $40.996.

Inquiring with the city water department about the unusually low bills, I was informed about the water meter had stopped working in the fall of 2025 and was replaced in October of 2025.

Although the low bill started the summer of 24, my estimated loss is over 40,000 of revenue to our water department.

I find it very dangerous to award a contractor a job that they do not have any aquatics experience.

Thank you very much.

And also no competit bidding process.

Thank you.

Thank you.

Next we have Jerry Donaldson.

Jerry Donaldson.

Oh, good evening.

Thank you for allowing us to speak.

And uh my concern is safety, the kids.

And uh I've heard a lot of discussion on the finances.

That's an adult thing, but the kids and the safety of the kids is my number one concern.

Water slide accidents are pretty severe.

And uh a lot of them we don't I haven't heard any discussion over the weeks that I've listened to these meetings.

I haven't heard any discussion on safety.

And um, we from what I understand, there's two vertical falls in the different slides, and um one of those falls uh looks like it's open on the top, and um there are plenty of issues that you can see online with severe accidents that have happened at water parks in this country and throughout the world, and like I won't mention the detail with severity, but um the thing that kind of clicked me uh said, okay, pay attention to this.

We got such a great deal.

It was it was sold to the city as a great deal financially.

Oh, we get at a great discount.

What that kind of makes you question why?

Uh this is what the last time, the last one that's going to be made in the United States?

Hmm, another question now.

So is there you don't have to answer this question, but I think it's one you should discuss.

Is what review have you seen from a safety engineer of the design of the uh different tubes?

Um lastly, uh there is the vertical falls I mentioned.

I think there should be naming rights for this park and the slide complex, and I'm gonna put my two cents worth in for it's gotta be water theme, right?

So and consistent with that, C, it's gonna rhyme with C Breeze, but CG's folly.

CG's folly.

Thank you.

Next we have Dan Williams.

Dan Williams.

Uh good evening, board.

Again, I'm part of the proud members of the poisonous rot, and so it's great to be here and thank you for giving us a label.

Now we can operate from there were only four companies in the nation that could put these up.

Did you know that?

That was what I heard at this meeting.

Four companies in the nation.

It's special specialty thing.

Well, I'm pretty sure this company's not one of them.

And so you can go back and watch the video and see.

Uh, there was a recall after we got the slides that we found out, and we got a hundred and fifty thousand dollar discount on the slides, I believe, because there was recall on part of the slides, or there was some kind of something, uh, but we we just had decided to go ahead and take them.

Um I'm not for it, I'm for our park.

Um, I actually am a proud member of the park.

The last two years uh uh family packet holder, ticket holder, and uh I do enjoy it, but I was very disturbed when Mr.

Settle and Mr.

Rigo, uh not Rigo, I'm sorry, Mr.

Good, turned it into a party park.

Uh we're gonna sell alcohol and we're gonna make it this and we're gonna make it that.

And the one thing that we have for the kids that should be a prize and that we should honor uh for our youth, and that you know we could spend a little bit of money on stuff the million dollars on the convenience center every year.

Uh we're gonna turn it into a party center, and I I'm definitely not for that.

So uh I think you need to get something worked out with the county and decide.

I think there needs to be a full audit, and I think uh because this park isn't self-supporting, uh some of y'all should start chipping in some money and paying for the for the cost.

So thank you.

Next, I have Joey McCutcheon.

Joey McCutcheon.

Thank you, Joey McCutcheon, Fort Smith.

Um as I've said numerous times and tonight, um, this is only one of numerous items where this city continues to spend money like a drunken sailor.

And uh it's really sad.

And uh Director Settle, I think you need to answer this question tonight because you're the one who meets with Jeff Dingman on this because this is your baby.

Is this board or you or the the administration incompetent?

Or are you just lying to us?

This bid doesn't go from 4.2 million dollars to 6.2 million dollars without somebody either lying to somebody to get something passed or being incompetent.

And that's really sad.

You know, the ink hadn't dried on that operating budget until you were already changing it.

And that that is really sad and concerning, particularly since we're in a budget crisis where we're cutting public safety to build a park.

You can split hairs if you want to, Director Rigo, about where the money's coming, but it's coming out of my back pocket, and it's coming out of every one of these folks' back pocket, and that's and that's not right.

And then, you know, and we're we don't even know what the further estimates are right now.

Uh I mean, we have all these add-ons.

Uh the scope of this project has been materially changed.

Uh that's another example of lack of transparency.

You know, Director Kemp, you've been out cutting deals uh with with a local contractor who has no experience in this matter.

Um and that's that's not right.

Um we've been hoodwinked in this town.

At this point, we cannot trust this board.

And tonight you can make it right on numerous ways.

But when when there's when there's lack of trust, there's problems, and there will be there will be problems in this city if this lack of transparency and lack of trust uh continues.

Thank you.

Next we have Ken Lyon.

Ken Lyon.

Hi, Ken Lyon, a longtime resident of the River Valley.

Honestly, I'd hope to come up and meet and introduce myself with a basket full of carrots.

Unfortunately, all I have is a bundle of sticks.

Uh yeah, so I'm trying to find the ROI in the water slide, and where a measuring contest against Alma, in which we compete over three slides instead of five, pulls in more people to Fort Smith instead of Alma for a few months out of the year, while the rest of the year the tourism sits dead on the entertainment district while Laura's social club sits with its budget in half instead of increasing the budget, which should be the gateway to the actual entertainment district, which y'all put so much work in the building, and now are spending money to build something on the other side of practically another town instead of finishing the job to build out the downtown entertainment district.

It doesn't make sense.

Their ROI is clearly on the actual other side of town.

What are we doing with a bunch of assets rotting in a field?

Festering rot, was it in a field that's going to clearly turn into an insurance claim instead of an actual convert from the contract to any real investment value for anybody?

Somebody's making money, and nobody uh that's actually making money lives in Fort Smith.

But let's actually cut through the real deal of that helped Casey.

Uh he let me be his agent to review the FOIA documents, and everybody else is looking at what's in the documents.

I always like to look at what's not in the documents because what was interesting is of the 1,269 individual files you have to manually click on, which goes slower than an old school fax machine.

It takes work to make a portal go that slow these days.

The one of the 270 that worked, the one file that didn't work out of all of those was quote, let's see.

Uh email Parrot Island Raymaker proposal for engineering services dot message.

That's the one file that wasn't actually in the FOIA documents that have been provided so far.

So officially you're now notified though.

We haven't actually been given the information we legally requested, and you can't make decisions without us having that first to be informed that.

So we still need info legally speaking.

Thank you for your time.

Thank you.

Next we have Shane McKinney.

And people call me a blood sucker.

Man, you guys are pros.

Like uh people act like you can't elect a vampire in this town.

Weird, right?

Anyway, so uh there's a sunken cost fallacy.

I teach people about investing online.

We uh sometimes get to let's say we started a gold mine in the city of Fort Smith, and we decided there's gold in Ben Garren Park, and we're gonna start digging a hole.

And after a couple of years, we haven't found any gold.

But we're three million dollars, four million dollars into that hole.

We got to keep digging, right?

That's what we should keep doing.

Eventually we're gonna find gold.

You guys have gotten in over your head on a money pit.

I've seen that movie, I'm old enough.

Uh and now you guys are afraid to walk away because the black eye you're gonna get.

But at some point, you can walk away, you could sell all these water slides.

You'll probably get a lot less shit from everybody in here.

Can I say shit here?

Oh well, I did.

Um you're gonna get a lot less trouble from other people here if you can correct some of these things.

Take the money and spend it on something that's actually useful.

Maybe encouraging some business development downtown.

Maybe focus down here by the river.

Everybody wants people to go to the Marshalls Museum, but I can tell you my guests are always happier to go to Miss Laura's.

Um you guys are focusing on the wrong things.

You're focusing on these things where other people are doing it.

It's a big mistake.

I used to do web development, and when somebody would come in and show me a website of the competitors and say, I want it to look just like this.

That's not how you win.

If you want to win competing with other cities, we have to do things different.

Miss Laura's is different.

Why in the world do we not focus on that?

That's one of only a few things, like eight in the country, I think.

Why would we compete against every small town's water park all across the place when we have special things like that that we could use?

It's very clear you guys don't understand what makes our city great, or else this wouldn't be a discussion we're having today.

Next we have Casey Millspaw.

I know our community real in depth.

I gotta say, thanks to the uh Parrot Island protesters for uh coming to the uh to the show tonight.

So thanks yeah.

It's a good healthy thing that everybody's showing up like that.

You know, some of you don't seem to want to pay attention to it, but it's important and you should because these people are serious about this, and it's our money that you guys are throwing away.

That's three million dollars.

A lot of people are really concerned about the decisions that you're making.

So I'm just gonna say that, and then I'm gonna say, Mr.

McGill, I hope you can veto this.

It's important.

Give us some more time to work on this and make this better and make a better decision.

Thanks.

And last we have uh Victoria Harris Hardy.

Board and everybody in this room room.

I came here tonight tonight with an open mind, and the more I've listened to every to everybody, the matter I got.

As a retired law enforcement officer of 28 years, I was here the other night, night when y'all vote voted to axe cock cops and fire firefight fighters for the sake of a water part.

And with all due respect to everybody, nobody in this room seems to care that cops and firefight fighters are paying for the for this.

That's a tax.

Every one of us votes for every year to pay for extra security and fire that nobody seems that upset about.

If y'all go forward with this, you spit on every injured uh officer that protects not just us, but your homes, your big businesses, the tax base, all the tourism, you spit on them, you spit on every officer that has laid their life lives down for this city and can't county, every fire firefight fighter.

And as a retired officer, I can come up here now with no fear of reprimand from a city council member or a corn court member going to my bot boss who doesn't have a choice because they're damned if they do it, do and damned if they don't.

If they don't ask us, the ones who make this possible, taxpayer funded and voted for for, y'all are forget getting it.

Go out to the Senate cemeteries, go out, y'all, y'all show up for our few funerals.

You make stak statements when we're hurt and we can't can't work work.

Y'all go for forward.

You vote yourself raises, more insurance.

We don't get that.

And a whole community is being sold out.

How many more cops?

How many more firefight fighters are y'all gonna sacrifice?

Thank you.

That comes from a voter, part of the rot, part of the deployables, but I'm here, and I'm the only one that seems to care about who y'all are selling out.

Thank you very much.

That's all.

Okay, thank you, Madam Clerk.

Just time we were entertaining a motion to drop the items uh 3A and 3B as revised.

So moved as revised.

Second.

Okay.

Just time we will go to director's comments.

Director Christina Gosavage, you recognize.

Jeff, where are we with the audit?

The uh the internal auditor and the finance department director have re have uh circulated the uh agreed-upon procedures and are and of compiling those to forward to the external auditor to give a time frame and estimated cost of performing that that procedure.

What's the timeline on that?

The time the timeline on that depends on how responses have been received.

I don't know what the status of that is as of today.

Uh Ms.

Strange may be able to answer that.

Um while she's coming up here, the gentleman earlier mentioned a review from a safety engineer.

Have we received review uh a review from a safety engineer regarding the safety of the slides?

The slides that are on the ground.

I mean, they they've been they've been designed by a water park designer.

And so there's uh I don't know what we don't have a review, a further review at this point now.

The agreed upon procedures that we discussed last week.

We are ready to give those to the external auditors to get that estimate of their timing and the cost for those.

When do you need them by?

Should we should we throw a date out there that that any feedback that we have give to you by what date?

The in the email that I had sent last week, the deadline was Friday.

This Friday.

This this previous Friday.

So right now we're set to bring this to the study session next week.

Okay.

I'm wondering if we have some sort of legal recourse with these slides because ARM is a professional business, they should have known very accurately what the cost to install these slides should be.

Um presumably they've installed them in other parks, and I think they should buy us out of the slides.

We were relying on their expertise, and I feel like they feel like they knowingly made statements and omitted material facts.

And I would go back and reference.

Um, sorry, I've got several pages of notes here.

I would go back and reference the um the meeting from August 20th of 2024.

Um you can go back and watch it at the 20 minute, 55 second mark.

Director Neil Martin says, let me make sure I've got it right.

It's still 4.2.

Carl Gefkin respond responds, yeah, absolutely.

I respond, I don't think that's allowing enough for installation.

I don't think 1.4 million is going to be enough.

Director Lavon Morton, that seems high to me.

Gevkin, that's the cost that was quoted by the management company that was handling the project.

The total cost is 4.2 million.

And then we go to the September 3rd, 2024 meeting.

Um where uh Drew from uh Parrot Island, Director Morton says these things aren't going to be laying on the ground.

I've not had good experience with that in the past.

Drew says they would be on pallets in the container itself.

Director Morton, will we get the containers too?

Drew, as of right now, with the shipping, we will keep the containers.

Then Director Morton asks for clarity.

Drew says Whitewater owns the containers, they will let us keep the containers.

That also didn't happen.

So I think we should force them to buy us out of the slides.

When I think about I think about what this money could buy.

And I know it's been said this can't go to police or fire, and maybe it's not for ongoing operations, but it could go for one-time capital expenses for the police and fire.

A fully outfitted Dodge Durango costs about $80,000.

A pumper truck costs $1.2 million.

A mid-mount ladder truck costs $2.3 million, and these are all approximate.

This is about what they're going for in today's market.

I mean, for this money, we could have done our retention pond out at ACME and bought 10 police cars.

We could have done one ladder truck, three pumpers, and 12 police cars.

We could have spent this money on sidewalks.

We're talking a lot about children.

We could have spent this money on sidewalks to get them safely to school.

And we talk about our kids.

I think our duty is to protect their financial future and invest in infrastructure that will be here long after the slides are gone.

Thank you.

Thank you.

Thank you, Mayor.

Uh, just wanted to share uh a couple of facts up front about uh police and fire um spending and appropriations.

Um last year we approved the highest ever budget we've ever approved in the history of the Fort Smith Police Department for the police department.

The budget this year is a top five, and this year for the fire department, we approved the highest ever budget for the fire department.

So I'm glad that the uh uh poisonous rot was brought up because I think it's important to read my uh entire quote from the post on Friday the 16th.

Quote I would say if you care about our community, please don't continue to participate in a never-ending spiral of negativity.

The more a poisonous rot is allowed to fester around this subject, the harder it will be for us to prosper, grow, and succeed in all the ways that we can when we work together.

Here are some examples of the poisonous rock that has festered around this subject.

For voting in the majority to support this investment in a new amenity for a water park that was approved by 64% of the voters at an election in 2012.

I have been called the following on social media in the last week.

Tyrannical, treacherous, a pompous POS, shameful, an ass who gets grift from Parrot Island, not fit for the position I'm in, a corrupt, sneaky liar, a moron, delusional, a child throwing a temper tantrum, a foolish, an idiot, a prick, a circus clown liberal, an incompetent idiot who steals public funds, underhanded, a crook, a snake.

Apparently I make someone's skin crawl, and I should be tarred and feathered.

And we wonder why opportunities pass us by, or why more people don't run for office, and why senior leadership positions take a long time to fill.

Thank you.

Thank you.

Thank you.

Any other comments from the board.

Director Kim.

Thank you, Mayor.

I uh appreciate the comments tonight.

The people have shared.

I've tried to do my best to listen to things, and I think it would be helpful for me to respond to a little bit of the timeline and where we where we find ourselves here.

Um at the top of the year in fiscal 25, I made a comment that I still stand with that the county, our partners see parts laying in the yard, and if we don't put this together, then we're not even being good partners in this.

Um I think there's a cost of standing still, there's a cost of money.

I did make contact with both unions over the weekend and talking to them.

And when I think about that, because as that ended the conversation, it I definitely was like, you know what?

There's something I'm not hearing, but as I've dove into it and listened to them, I still haven't heard anything that why we can't do both.

Um this is what I've communicated to them that I'm more than happy to sit down and talk to them and to listen to them and help us understand what they want us to understand, um, and then help me to understand them better, but also explaining some of the things that are there.

I mean, the dollars above 25% per the city policy are spent on one-time non-reoccurring items.

Um there's property that's been, as I put a motion in when it first came into office, selling excess property.

And where I'm at, it was like there's no way I can vote for the two bids that came back from the RFP.

One, the low bid excluded a pump house.

Um, the upper bid that had it all was too much.

And I began to think about this, and I tried to talk to local contractors, nobody wanted to do anything about it.

And I said, Okay, nobody wants to touch this, it's a hot button issue.

I get it.

And then uh I hear in passing that uh some media people from Royal Ridge reached out to Director Martin and uh said, Well, I know uh one of those partners, I will reach out.

I haven't talked to them in a long time.

And I said, Hey, is there any chance?

And I've already asked other local contractors, is there any chance you guys would look at this?

He says, Well, it's interesting you say that.

We were the sub on on one of the bids.

Um, and I was like, Well, would you be willing to look at this with staff to figure out if there's any value engineering at all that could be done here to get slides built so that our partners, the county, don't have these parts laying on the ground?

That led into a conversation of how we could stand these slides up in the air.

As I made that known in public here in this meeting, um, I was the this the sentiment I hear and heard was, well, that's not gonna work.

We've got to build these or people are going to be upset.

So I said, hey, let's explore this further.

How do we do not just build them in the air?

How do we complete the whole project?

Can you guys work with staff to get that going?

Um there, the no bid process that's been mentioned here.

We went back and asked Clarity Pools, the high bidder to reissue a bid, and they did.

And this will all come out.

There's a FOIA out there, and I'm sure that people will want to know this information.

You do need to know it.

As they came back, they were still high, and it did not include the flat work and the other things that are going to be required by health code to get this done.

So then we said, Well, is there any other local contractors that would look at this?

And we made contact with Burton Pools and Space.

They they said they would be willing to do it.

I said, would you get with staff to figure out if there is any way to try to do this?

So they've been working on that with staff.

These companies, that is a company that's a premier company in town.

They do this work.

And so they're working on it.

They're trying to figure out what they can do.

They have already come back with some numbers to staff that they haven't submitted yet, but in verbal, they said we're right where we think those estimate numbers were close to it.

We're doing what we can, we're still checking on things.

These are companies that are in our community that are our neighbors that are trying to help.

They're not trying to do anything besides help.

They've even said if there are other people that could step forward and we could come together as a team of city contractors in Fort Smith to figure this out.

Let's get together.

Let's figure this out.

So that's what they've done.

The engineering specs are already done.

I I I agree about the safety on the slides.

But this is a water park engineer that built this and put their stamp on it.

They are liable to do this.

And so that's a part that I can give a response to.

Um from there, um the concept has been the team city coming around, figuring out what we can do to try to value engineer this.

But I don't think staying put is an answer.

That's what I've tried to say.

I wanted to take action to see where there are.

So there are experts that are looking at this on debt.

The the slide, the slides, if we build the slides, this is what I conveyed to the unions.

It's 34% projected fund balance savings for 20 uh for 26.

It'll be 31%.

So let's have a conversation.

Let's sit down, let's talk about this.

Let's hear it.

And I think that there's some conversation to be had, frankly, between the unions and the chiefs.

Um I think that there might be some conversation that needs to happen there first.

The administration had never heard from this.

The chiefs had never heard from this.

So there's some conversation to do here, but the point is to come together to consensus.

The fund is there, it's strong, it is healthy because the city asked for us to balance a budget, and the balanced budget was passed.

It created a surplus in the general fund that makes things possible.

And there still is money in the general fund to listen to these things.

I am sympathetic to the Loris House.

I know that people are talking about that.

I advocated that in the last meeting.

But I also will say, even as I'm a proponent of that, 5,000 visitors a year, but the water parks open in a limited time and have a hundred plus thousand visitors.

I think we should do both.

The answer is if we as a city are growing, and I've heard, well, the sales tax was down.

October's sales tax was actually beyond the previous fiscal year.

The numbers for November were actually outperforming, and they pulled in a rebate.

That happened in May.

What happens is when the government makes deals for rebates, they're able to claim those rebates.

And the the state picks when those are pulled out.

The sales tax thing shows at least holding a line in the years before that.

I'm definitely for an audit of Paradise and Water Park.

I have a lack of confidence and ARM, especially after looking at this.

Um I would like to see procedures put in place if they're going to continue on.

Um the alcohol, I I will just go on record.

I'm I'm not for the alcohol sales at Parrott Island Water Park.

Uh my support of the water park is not blind.

I've just tried to do my best to figure out how to go forward and not leave these slides on the ground.

And um that's the thing that where I'm at, I'm happy to hear more comments from my colleagues on this, but where I'm at is I don't see why Fort Smith has to make choices here.

Our first responders matter.

I'm totally supportive of them, and I'm happy to talk about it.

I assumed, which is what I shouldn't have done.

I assumed that there was unity within those departments, and that we were working forward together.

That assumption was wrong, and I apologize.

Let's talk, let's come together, but let's be reasonable with each other and let's think through this and how we can do this.

And if there are ways to do this, I want to move forward.

Thank you.

Thank you.

Thank you.

Uh Director Neil Martin.

Director Neil Martin.

So when every time this has come before the board, it's been a four to three vote.

Four in favor, three against.

Well, what started to seal the deal for me was when Sebastian County pulled out.

We've gone into this at joint a joint venture.

And the city made the decision to purchase the slides.

And it was at that point that the county said we don't even want to be a part of this agreement.

And maybe folks don't remember this.

It was originally set that this 4.2 million dollars was going to come out of the general fund.

It got moved to parks.

You might not remember that.

It got moved to parks for a short period of time.

And then got moved back to the general fund.

That was frustrating for me when we moved it back to the general fund.

We worked really, really hard as a board this last October, November.

Not not the board, the the department heads, city administration worked really hard to get a balanced budget, a balanced operational budget.

We had a heavy spending year in 25 or 24 and 25.

Partly that was because of the slides and other things.

Along with that, we had to cut 71 positions across the city.

Some of that included police, some of that included fire.

And but it allowed us to be able to get operationally balanced.

But then to turn around and need to spend an additional three million dollars when we're cutting all those positions, just doesn't work.

It doesn't work.

So I've been to I've been a no.

I feel like we're at a four to three vote right now.

So what I'm gonna ask in my last ditch effort to preserve some of the general fund, I'm gonna make a motion that this 1.2 million dollars comes from parks and not the general fund.

Now I I know that that's not a uh uh that's not what we want.

I still hope it doesn't pass.

But if it does, this is a protection for the general fund.

Take it out of parks where it should be.

I uh when we when we approved the CIPs for parks, I made a motion that until these costs were identified, or excuse me, we didn't we would amend the parks CIP to include these dollars.

That didn't pass.

This is my last ditch effort to get those into parks to relieve pressure off of the general fund, um, relieve some of the the frustration from our police and fire.

I don't I know it's not gonna it's not gonna help um that much, but at least it gets it in what I believe is the right place.

So again, I I hope this vote gets voted down, but if it doesn't, I make that motion.

All I need is a second.

I'll second.

Yeah, let's go do it.

I'll second that.

Okay.

Correct can't.

Did you have to do that?

Well, it seems there's a second, do we need to call a vote or can I make a comment?

I can comment on the motion, please.

Yes, you can comment on the motion.

Okay, thank you, Mayor.

Um I actually was originally wanting to do that.

Um and then my conversations with the Parks Commission to with Ms.

Deuster, the director of our parks, that I reached out as a just as a board member asking, um, listening to them, this would freeze all parks CIP things they had planned for this year.

This tennis court is tied into our young people, tournaments, people that are scheduled to come.

And um I I just personally can't, I'm not going to vote in support of it, but I did start there.

I will be honest, but when we talk about protecting a general fund, uh we did this with the balanced budget.

The the dollars still remain at six percent available for capital purchases of one-time non-reoccurring items.

So for me, um I will be a no on this.

Thank you.

I think Director Christina Cassavish was uh next in the queue.

If we want to go around and vote on the motion and then I'll let director good after you go ahead.

Directors George Kitsavis.

Uh excuse me.

Point of order.

I still had comments on the motion.

On the motion.

Okay, correct.

Go ahead.

My comment was not on the motion.

Correct.

We were just calling the question.

Well, no, I had a comment, but not on the motion.

I do have a comment on the motion.

Well the motion to amend you want to comment.

Go ahead, Director Good.

And you give us some talk.

Thank you, Mayor.

So I'm not in favor of pulling the money from the parks department.

Director Kemp made a comment that the projects in the parks CIP would be pushed back, and we don't know how far.

And I attend the parks meetings as many as possible.

And the CIP is based on not the board or the commissioners' input.

It's based on our citizens' input, the populations input.

These people are asking for these projects, and they've been asking for a while.

And yes, I've I get this information from citizens that attend the meetings and commissioners that that are at the meetings regularly.

And I did ask Ms.

Deucer about some information.

So I'm not in favor of putting this burden on the parks because a lot of these neighborhoods have been waiting on these projects.

They've advocated for these for quite some time.

So that's the only comment that I have on the motion.

Okay.

Did you have any comments on the motion?

Yeah, I all all that I say is these are all budgets that we've passed.

We we account for all of them.

So I mean, we're talking about general fund and we're talking about parks.

Somebody's got to take a hit here.

It's either it's either the general fund or it's parks.

I feel like this falls in into parks.

I wish the 4.2 million dollars were there.

But that's that's I I feel like this that's the right thing to do, especially in this situation.

Okay, thank you.

So are there any other comments on the vote?

Madam Craig called a roll.

Directors George Kitzavis.

Okay, this is to take money out of the parks, correct?

Yes.

Yes.

No.

No.

Christina Kitsavis.

No.

Settle.

A vote no means we keep it in the general fund.

Is that correct?

Correct.

No.

Martin?

Yes.

Rego?

No.

Good?

No.

Can't no.

Motion is defeated with one in favor and six opposed.

Okay.

Thank you.

Mayor.

Yes.

Director Good, Director.

Now just a couple of comments on the motion.

Not the one that was just defeated, the current motion.

I want to thank Director Kemp for his comments.

I appreciate the work that you've done working with the company trying to get us a better price.

I know for a fact one of them is a misspeak.

But I don't believe, and maybe you can show me when this project, the park, I mean the paradigm water slides ever went to the parks department.

I don't believe that I've ever seen that, nor have I heard that.

Secondly, you made the statement that the county after the board voted to move forward with Parrott Island, that that's when they chose not to do so.

That is incorrect.

They had two votes after we voted, and their vote was eight in favor, four opposed.

They were waiting on one vote to have a quorum.

That was a loss.

That's right, it did because they didn't have a quorum.

They didn't have that ninth vote.

But I'm talking majority of the representation of people that were elected to vote.

Who represent the will of the people?

So I just wanted to point those two things out.

And if you do want to show where, or maybe Sarah can, if there is, uh, where paradox was part of the uh parks budget, that'd be fine.

But um, you know, I'm gonna say this, you know, very contentious, you know.

You know, there are a lot of people in our city that watches that go through the motions with us that are just as aggravated and want to see us either move forward or back away from it.

You know, I'm full support of the audit.

You know, I also believe that at one point that we saw the email from ARM.

I felt as though they were responsible for keeping that 4.2 million dollar uh price given in the email that Jeff forwarded, you know, from I believe it was from Carl.

You know, the other issue was, you know, before moving forward, you know, I believe we all might have asked, you know, finance administration, you know, is this doable?

I know for a fact that I did.

You know, can we afford it?

And I was told by three different individuals in management that yes, but yes, we had to watch our spending.

So it was possible and affordable, and we could do it.

We had a majority of this board voted to move forward.

After the county did at that point say that they weren't going to move forward.

We took upon our well, we took it upon ourselves, not just for us, because I don't know if any of us has any personal agenda with Parrot Island.

I know I don't.

You know, I listen to my constituents, I listen to the audience, I listen to people that send me emails and texts.

But again, the voices that I hear from just aren't in this room.

You know, I am part of the boys and girls club board of directors, I've been on most.

You know, I'm always in the school system, and I'm hearing from these kids and I'm hearing from these organizations that love what we present, you know, with Parrot Island.

And I'm going to also say that, you know, leadership isn't isn't easy.

You know, leadership is making the hard decisions.

You know, and at no point have we ever, as a board or any organization, been tasked in a process where we just focus on one project.

We've never been a one project board to vote on.

We always have multiple things to vote on.

And in saying that, these are moving parts.

We know that there are other things that take priority to some people.

You know, we have issues from water rates to sewer rates to sanitation to streets to water leaks.

You know, we have a whole lot of issues to talk about and think about.

So in saying all that, it it's not hard.

I mean, it's not hard to put your finger on the pulse of the community.

You know, there I think Director Kemp said it that there is a cost of standing still.

You know, there's a cost of standing still, there's a cost, possibly a large loss, in selling them.

And Director Christina Kusavis made a good point.

You know, if we could make ARM, you know, take the slides back, you know, that would be great.

But that's not something that I believe we can do.

Maybe we can ask legal, but you know, I don't know if that's anything that we can do.

Colby, could we get an opinion on that?

Sure.

I need to evaluate the agreement.

If there's a if there's a claim for a breach of an agreement by ARM with respect to these slides, I'd want to review the agreement.

If the claim is unrelated to a contract and is more of a fraud type claim with respect to assertions uh representatives of ARM may have made or may not have made, I'd need to understand the those assertions uh before before opining as to the validity of any type of potential claim of the city.

So we had a reasonable expectation to believe they knew what they were, you know, we could trust their expertise when they quoted us that.

But that's not a legal argument that would hold up.

Is it is so is there anything tying, you know, do we have some sort of agreement with ARM with respect to its involvement and actions it took in this process of buying these slides, evaluating the proposals.

Is that part of an agreement, Jeff?

I think the only contract we have is with Whitewater Slides.

There's no there's no such agreement.

So to me, Director Kit Savis, the claim would sound outside of contract.

It would be under a fraud type claim.

And you know, the validity of that is it would be uncertain for me to predict that at this time.

It would, you know, you'd need I'd need to know, we'd need to think about what was asserted, uh, you know, who asserted it at ARM, what you know, what how did the city rely on it?

Uh, you know, you to prove fraud, you've got to prove you know misrepresentations, affirmative misrepresentations that are to the detriment that are to the detriment of the city.

So I I'm not telling you there's there's no claim, but I just don't want to tell you the possibility or the validity of a claim without knowing all those factors.

Okay, thank you.

Okay, thank you.

Um Director, yeah, you still have five.

Jeff, you said something earlier that caught my attention when you were talking about the six hundred and fifty thousand and the ancillary costs, you say the local contractors working on that.

Is that not being competitively bid?

That is that is being worked as part of the other processes that we've involved with Royal Ridge in terms of evaluating the uh bid specifications that were put out and responded to in October versus value engineering are trying to put uh uh real and current cost to those right now.

Why did Royal Ridge not put in a bid when the bid process was open?

I believe Director Kemp said they reached out to Director Martin directly.

Why didn't they put in a bid?

Well, the the two the two companies that did put in bids were specifically aquatics companies.

Um and you know, Royal Ridge is not an aquatics company.

I think they were a subcontractor to one of those, but regarding the flat work or the concrete work the work that they do on a regular basis.

So they weren't qualified to put in a bid is they're certainly qualified as a contractor.

They did not feel qualified as an aquatics contractor to put in a bid when other um aquatics contractors are applying.

But they feel qualified now.

Certainly, yeah, I think it's important to remember because a lot of a lot of the discussion around this I've heard is doing this for the kids doing it for our residents here.

But 72 percent, I think that's what you sent us in the email today of people that came in 2025 were from out of town, they didn't have a Fort Smith zip code.

So this is a subsidy for people that don't even live here.

And if you if you look at what the numbers bear out, this isn't something we're doing for our residents.

If you the you you look at what the numbers bear out are for the months of July and August, and I took May and June out because of the rainfall, but July and August, the rainfall in 25 was similar to the rainfall in 24.

It was actually a little bit less in 25, but our according to talk business, our sales tax um our revenue was down, and additionally the tourism tax revenue was down almost 25 percent.

So we're not we're not seeing a return.

Uh people coming here, eating, shopping, we're not seeing that.

So I think that's important to remember we're really not doing this for our residents.

It's thank you.

Thank you.

Uh Director Regal was next in the queue, followed by Director Kemp, and then we'll go to Director Settle.

Mayor, I want to when you get done after Kevin.

Uh I just wanted to uh thank Director Kemp for his work uh on this effort.

Uh I there's I can imagine a lot of time that's put into it and a lot of um opening your you know, putting your neck out there, opening yourself up for particular criticisms uh just for trying to get us a solution-minded option to consider.

And I'm uh as one of seven, um I'm personally very grateful for the effort that you put in uh on this uh project to give us something to consider tonight.

Thank you very much.

Director Kemp.

Thank you, Mayor.

Uh thank you, Mayor.

Vice Mayor Regal.

I, you know, one of the things I want to make clear too, uh, as we looked at as I looked at this personally, I can only speak to myself.

You know, when you calculate in selling, and I did look at that and just trying to think through it.

I think the kicker we have to ask ourselves is you know, how much sense on a dollar are we willing to s to stomach on the sell of this?

And when you look at the projections of it, you calculate taking it apart, putting it back in boxes, um, you look at the the freight.

It was estimated around two and a half million dollars that you're going to be out on this project.

And for me, then it's like looking at okay, what would it take to go forward?

And it was 2.6 million.

Um so for me, uh looking at this, uh it's hard for me to think through the idea of selling them.

I think when we talk about the uh water bills, and I'm sensitive to that.

I mean, I help people on my job on the daily with people uh covering things, the project concern numbers, which if you are watching online or you're find yourself in this situation, uh the city board has passed a policy called project concern.

And currently uh the numbers are in December of 2025, there are 812 households that are active participants in that program.

Um there's an income schedule that's all available.

I would encourage you to contact the city.

When I'm when I'm helping people with benevolent situations, what I'm finding myself is high electric bills or high rent or needing help with deposits.

And so one of the things I want to point out is that, but I think that the percentage of kids that are visiting Parrot Island Water Park from our community are those who are in lower income or no or social economic status.

And I'll tell you how I'm not sure if you're expensive.

But so excuse me, Director Kim, I'm gonna ask our please respect your elected officials who are working very, very hard to do to do the best they can for this city, just like we respect you when you come to the microphone.

Thank you very much.

Thank you.

I was just going to say it's expensive to travel.

It's expensive to get hotels to go to places like Branson, Missouri, and I would even advocate that I'm our own personal family, love to go to Silver Dollar City.

Love to go to Silver Dollar City.

Don't go because it was hard to justify the cost of doing such.

These slides, as we're talking about a minute, he's talking about Laura's house, and once again, verse 100%.

I would say let's let's talk about it all.

Um I think we should look at these things and be careful of our scarcity mindset, but the opportunity that for us is real, and I think that uh we need to be looking at these ideas, and uh my thoughts are are there, but I just want to make sure that people understand that there is some opportunity for help, and that I want us to make sure that we're providing opportunities for those families of low social economic status that may need an opportunity to have, and I think this can be one.

Thank you.

Thank you.

We'll go to the director settle.

Thank you, Mayor, uh, to the public.

Uh, for the past year I've been very quiet on the subject, so I'd like to have a few minutes of my time to speak on where my thoughts are at.

I'd ask you to refrain.

If we're gonna go tattering back and forth, we can, but I'd ask you my professionals and respect for the past year has been not been to comment on anything at all.

I've been berated and barraged.

I've been very respectful.

So I'm asking that in return for the next few minutes.

My love for water parks began in 1980s when my dad could barely afford anything.

Single dad with two kids.

He could afford a wet well, wet whaley's water slide pass for $50.

That was my summer.

That's where the love of water parks began.

Today you can go for Parrot Island Water Park for a full year for $55.

Just imagine 40 years later, you can go for about the same price you did back in the 80s.

Let's get the facts out there.

Tenants was 105,686 people last year at Parrot Island.

Forty-six percent were in the county, so that's a city in the county.

54% were elsewhere.

In 2025, we celebrated our one millionth visitor at Parad Island Water Park.

One million villages at Paralleline Water Park.

People have come all over locations throughout the United States to visit the park.

We have a group that comes from Kansas City every other weekend to do the flow rider, rents it out multiple times, stays for three nights, and heads back.

That's just one of many people that come and visit the park.

The park was originally designed to lose 150,000 a year.

The park that was the design back in 2012.

Today the park is as gathered over one million dollars according to Mr.

Tilly's article that he did years ago, a couple months ago, has made over a million dollars.

That's gone back into the park for the flow rider for the green slide and some maintenance.

People want to talk about the money we lose.

I understand that.

But let's don't forget the hundred and ninety-five thousand dollars it gives back to the community on a yearly basis.

That's 800, it's 8,000 free free day pay pay passes.

That includes events from Mother's Days, Father's Days, Healthcare Day, supporting the military, supporting our first responders, having kindergarten bashs, boys and girls club, the 188th, and all those along with all the schools that kick off the year.

194,000 given back to the community out of the park every year.

And let's not forget every once a week we have dark water nights.

It's a cheaper rate than they're today.

And it is packed to the brim.

So let's put some if we did if we did talk about the selling, yes, we were right.

We just hit about a two, two and a half million dollar hit to sell them.

Tourism is a very important part of our region, which allows people from outside to pay, the city to pay.

Everybody that's from outside the city helps pay for sell sacks for police, fire, they go to restaurants, to go shopping, they go down now.

The uh Brahms right around the corner, they'll go get some ice cream after it's done and help pay for all that stuff.

But keep people say, why now?

Why not now?

You know, people say people say it's not a good time.

We need to invest in our future of our city.

As I said last week, as I said last week, we are in a remember, we're in a race to improve our city, and if we don't, we're gonna fall behind.

Companies need workers.

Workers come here because there's stuff to do.

If we can't supply those workers, jobs will go somewhere else.

The park makes a difference also in people's lives.

Kids that started off as lifeguards out there in high school, go to college, are now doctors, teachers, and executives for Walmart.

Because they started out at Paradise Water Park.

The other thing is we gotta think about is I you think it's funny to knock kids again education.

That's really sad, folks.

That's not a strange because it happens every day.

Continue.

Today we have we had word that Finnish F-35 started today.

The Finnish community is here.

The F-35, the FMS project is coming.

New system all the world wants something to do.

Why do we want to drive them up to Northwest Arkansas?

Why not have something here to do?

These countries will be coming here.

We're going to become a world community.

This is very important to our mission and to our military and our freedom to have our countries come to our communities.

The way I look at the my job as city director is to make the lives better for all citizens of Fort Smith, just not a few.

To make the city better.

And have the same experience as I did.

The kids today will be the leaders of tomorrow.

Our city's in transforming in front of our eyes.

People all the world are coming.

We need a minute to make our city better.

As I continue to fight for families and kids to do something funnier, the project here will make the park better.

If you've never gone out of Carolina Water Park, I challenge you this year to go out there.

Look at the kids' faces.

See who's out there.

And understand that the kids and families out there enjoy the park on a daily basis.

So I said at the beginning, this reminds me of why I grew up here.

And while the water for workers can become a season passed to what will these water park slide.

That's probably the reason I got my degree, came back and helped serve my community.

I look forward to Paradigm Transforming to world class destination.

And look for the next million million fizzers at Pair Island.

If you haven't been out there, I challenge you to go out there with open eyes.

And look who's out there.

Look at those kids' faces.

You know, until you do, it's hard to understand.

Mayor, I appreciate the time on the floor to my directors.

Thank you very much.

And I look forward to what happens next.

Thank you, Mayor.

Thank you.

Uh Director George Casavage.

Thank you, Mayor.

Um, I'll tell you what, I don't know what to say.

The fact the fact that this has come down to this is pretty sad.

Um I thought, you know, when I make a decision, I I try to base it on a business decision, return on investment.

Do we have the money to do this?

Do we not have the money?

Um there's still uh Jeff, I'm uh you're looking at probably another million dollars on top of what y'all quoted.

Does the county have we got parking from the county promise?

Shh.

We're not supposed to know that yet.

Oh, that's right.

Um has anybody even done an inventory to see if all the slides are out there?

No.

Yeah, and then underground plumbing, even the the the county says, well, they're they're in they're gonna need to be replaced.

Is that true?

Is it I'm sorry?

I mean, you uh uh you know people say, Well, we we can't you know we can lose a little now and get rid of those things, or we're gonna lose a lot later on.

That's that's the way it's gonna be.

So, and if I understand all y'all are agreeable to an audit.

Yeah, it's I mean it's on its way.

Well, let me see.

I've already requested one.

It doesn't take a vote of the board to get an audit, so my report is a good idea.

Well, maybe it'll maybe I will support this.

This is what I want to do.

Given serious questions about procurement and authorization and use of general fund dollars.

I believe this board has an obligation to seek an independent review by the Arkansas Attorney General to protect the city and the taxpayers.

There's no doubt in my mind, somebody knew about the installation cost on these slides, and they hit it.

There's no doubt about it.

We got played, we got fooled.

You know, it's easy.

Four million doesn't sound it sounds like a lot, but seven million?

That'll catch your attention.

And on top of that, the the you know, they have the power to they can uh subpoena emails that can subpoena photo.

I want the truth.

I want to know.

Uh that's all I want the truth.

It is the you know, uh I mean Kobe misrepresentation risk misrepresentation of representation of facts.

That's fraud, isn't it?

Misrepresent misrepresentation of a material fact, yeah, uh reliance by the recipient of those misrepresentation and damages are your general elements of a fraud claim.

Yes.

Okay, collusion.

Well, well, now you don't you don't need colluding to prove fraud.

Oh no, no, no, that but I'm saying there's no doubt one of these four companies knew that about this this election.

They had to.

I don't I don't know.

Nobody can be that stupid.

I don't know.

Carl Carl knew he didn't tell us.

Just like to deal with the audit lady when we we the police report was hid from us.

That was the the way they operated back then.

But I just want the truth.

The people want the truth.

A lot of money.

So you know the nature of water parks is if you don't make improvements every three or four years to keep interests, then sales go down, correct?

We spent what was two million on the lazy river and something else.

Since it's open?

No, I wouldn't spend that much, George.

Floor writer, we spent the circuit.

Okay, we spent two million, but we hadn't I mean Grand Slide.

But I mean I'm sure this is going to pass.

I think it's a done deal.

You know.

I think it's sad, but you know we have the future to look to.

We have elections to look to, so hang in there.

I'm done.

Director Good, you recognize.

Well, what about my motion?

Yeah.

I didn't hear you say you were making a motion.

I want to make a motion to get a review by the attorney general.

Yeah.

Civil, criminal, I don't care.

Right.

There's a motion.

There's a motion on the floor.

That one's not intermediate to the motion.

Okay.

Okay.

There's already a motion on the floor.

Motion for what?

Okay.

The motion I made?

No.

The motion to approve.

Okay.

Okay.

Thank you, Mayor.

I just wanted to speak to the comments that we that people can't afford it.

You know people can't afford to go to Parrot Island.

Director Settle actually spoke a little bit about the community discounts.

You know, Parrot Island provided 195,000 to nonprofit and community discounts.

Not only that, you know, corporations, corporations have value, see value in this and in the community where they give sponsorships for free days or discounted days as well.

You know, not to mention that the you know our fire even uses the facility for training.

So just wanted to speak to that about not being able to afford it.

We have a lot of community that gets involved and allow people from the boys and girls club to have free days and discounted days.

You know, both not only do um you know the the folks at both get to go, but their caretakers go also for free.

Um I wanted to ask the question, and because I don't I I don't know, but I I think it's a good question.

Um what would our sales sales tax be if we didn't have Paradigm Auto Park?

You know, what could it be in the future?

Yeah, we're dead.

Okay, thank you.

That's it.

Thank you.

Okay.

Director Christina could say.

Well, I I would just say I think I have an answer to that question.

The email that was provided to the board on March 10th of 25, it showed the projected increase in sales tax from the water park.

Uh if the slides were operational, it was about 2600 or 2800 and then 3600 for the next year.

Okay.

Okay.

Thank you.

Thank you.

Okay.

Well, are there any more comments from the board?

Mayor, go ahead.

Director Kent.

Good Jeff, what happened to the 400,000 tax money they collected by on accident?

Where did it go?

That money is still that money is still in the possession of the court.

Pending the outcome of the class action suit.

If it's not claimed in a certain time, can we file claim to it?

So there's currently a a a uh civil action pending in the Sebastian County Circuit Court that was initiated by the City of Fort Smith and Sebastian County with respect to the uh collection of of uh taxes on those admission tickets, which should not have been collected by ARM.

Right.

Um the city and county have interpled, meaning deposit of that those funds, which are between 400 and 500,000 into the registry of the court.

Uh we requested the court appoint a master uh or the class representative requested the court appoint a master to notify potential claimants of the refund uh and take steps to uh pay anyone who files a claim with respect to uh a refund he or she might have.

Uh the case is still pending uh after the claims have all been paid, and I I would be very surprised if there are many claims.

Um there will be funds left.

Uh at that point, the city and the county will decide or make a make a motion to the court to return that money to Parrot Island to use for the park, and that's subject to the court's review and approval.

Uh but but I you know it's subject to the the board telling certainly telling me otherwise, um that would be a way to get the money back to the park uh by which the users of the park who didn't return a who didn't submit a claim and get their refund could utilize and get the benefit of those funds as it uses to maintain and continue to operate the park.

Okay.

Thank you.

Okay.

Thank you very much.

So we're again director camp.

Yes, I just think you may.

I was gonna ask a few questions here, listening to the colleagues.

Um to be the slides, the city purchased, you know.

I know when we're talking about ARM, and I actually appreciate the discussion about that.

Um this project is not an ARM project.

This would be a city project.

And uh even the companies that are trying to help here, uh they even asked that they would deal with the city.

Um so you know, obviously the unpaid invoices of burden pulls and spas didn't really help the situation.

So uh obviously they've asked to work with the city, but I've we staff has made it clear that this is a not an arm project, but I also, in the spirit of that, uh to the motion that's to come, a question for you, uh Mr.

Rowe would be this, that if we could get help or if there was something uncovered that led to you know something fraudulent, something criminal, and things of that nature, can that still be taken action even if the slides are constructed and we find out that there was something that we were misconstrued by uh that was criminal, can action still be taken against them?

Yes, construction of the slides wouldn't diminish any potential claim.

Uh what I'd be concerned about right now is a a timing issue, a statute of limitations.

Uh a claim, you know, it any claim is is pending, you know, if it is exist, so you've got a statute of limitations by which you have to file that claim or you or you lose it.

So what I'd suggest if the if the you know to evaluate any claim, have have legal, have my my office do the pertinent conversations with staff, figure out what arm told who and who what they told, and and my office can provide an opinion as to the validity of any potential claim and the board can be apprised of that and determine what if anything it wants to do.

Yeah, I mean I'd I personally would like to hear that uh and looking forward to that, but also think the what the point I want to make is this is not an arm project.

Um but the being that that's the tallest water slides in the state of Arkansas if they were constructed, I think that's opportunities to pursue uh naming rights or expect more from our management company.

Um the other thought I've even asked that the administration would think about is uh potentially looking at uh a management uh company that whoever that may be that is that is the one brought forward, if it's a continuation with arm or someone new, that there be uh maybe a formation of some adjustment of their management fees to recover some CapEx dollars back to the park so that the park can build a beef itself back up.

So I think there's some opportunity there on the backside that I would encourage administration, regardless of who it is selected, to really begin to think about if this is such a big commodity as it's been touted, and I and I think it is after looking at the slides on the ground out there uh and being that it's the tallest slide in Arkansas.

If they're the management firm, I would like to see them sweeten a deal with us to help us recoup some cost.

Thank you.

Thank you.

Just a couple of comments before I call the vote.

Um Director uh Kemp just spoke to the fact that um with the additional the installation of the new water slides, we'd have the tallest uh water slide in in Arkansas in the state.

Um bragging rights alone.

But I'll I also wanted to mention that uh two of the new slides, two of the five are the first in the world to be installed, and one of them is the Nautilus and the other one's top spin.

I don't know if you guys saw the the video of what those will look like, but they're they're amazing.

But um, you know, you know, we we say all the time that that we're not Northwest Arkansas.

You know, we're not trying to compete with Northwest Northwest Arkansas.

You know, we're making a name for ourselves.

We're Fort Smith, Arkansas.

You know we're not trying to we're not trying to compete.

You know, but in doing so and making a name for ourselves, you know, we've got to go out on a limb.

You know, we've got to do what we think is best for our community and hearing from these folks, all as many of the people that we can.

You know, we know that for a fact that we're not going to make everyone happy with every decision we make.

But again, you know, let's not be let's not be Northwest Arkansas.

We're not competing with Alma.

You know, we're Fort Smith.

What's best for us as a community to keep our friends, our families, and our money here.

Okay.

Thank you very much.

Are there any other comments from the board?

Um please.

The decision to expand uh the water part risk with this board.

Risk with this board.

And I will not be voting.

On this item.

Respect with the board's role and evaluation.

I respect the board's role in evaluating these issues and determining what they think is best for the best interest of this community.

Madam Cro, please call the role.

No.

No.

Directors Christina Kit Savis.

As always, no.

Settled.

Yes.

Martin.

No.

Rego.

Yes.

Good.

Yes.

Camp.

Yes.

George Kit Savis.

No.

Motion passes.

Four in favor and three opposed.

Thank you.

At this time at this time we're going to we're going to take a ten minute recess.

We're going to take a ten minute recess.

We're gonna we're gonna reconvene.

Thank you.

Thank you.

We're gonna reconvene.

Thank you.

Past those down, please.

I just it's it's a little out of order, but I just wanted to say something pu if I may a public uh thanks to someone very briefly.

Uh you recognize quite I just uh over this past weekend my wife's grandmother passed away, uh complications from dementia, and uh Mrs.

Kemp, uh Director Kemp's wife, uh brought some chocolate chip cookies for my wife, uh and I very much appreciate that.

I'm grateful for that.

And I know uh my wife will very much appreciate that gesture.

So thank you very much.

Okay.

Thank you for sharing that.

Mayor, can I say something real quick?

I want to I want to withdraw that motion until directors for directors forum comes up.

Okay, we got it.

Okay.

Okay.

Since we're reconvening, let's go to item number four.

Thank you, Mayor Item Four tonight is a resolution authorizing change order number two to a contract with Forsgrin for a construction of a consent decree remedial measures project.

Okay.

You're recognized.

Thank you.

This is a uh change order number two for Forschon Incorporated, and this will add working days and sixteen thousand dollars.

I'm sorry, ninety-five thousand dollars to the contract for uh increased scope of replacing a main sewer segment that was camera and not identified as being needed to re be replaced in two thousand eighteen, but now with several more years of use needed to be replaced.

Okay, thank you very much.

Yes, we have two individuals, the first being Joey McCutcheon.

Uh Director Rigo.

Um, thank you.

Thank you very much for that.

Um, I've talked about an independent contractor repeatedly.

Uh and the board has has said that we're gonna get an objective independent engineering contractor who can come in and look at these projects and give us uh some uh guidance.

And some objectivity.

But you're not going to.

It's just for the same reason is because uh because they're scared, uh, because they'll lose their job and and that's sad.

But uh, you know, we see this bid here uh going up from Forsgrin, uh ninety-five thousand dollars in an additional fifty days.

Now that needs to be evaluated by somebody who knows and some some independent contractor.

Uh two months ago, three months ago, uh we saw a a an initial estimate on our consent decree work on on one project was eleven million dollars and it went to seventeen million dollars and it found its way all the way to you, and Director Martin took leadership, asked questions, and and got that situation corrected.

The other one was uh a bid went from uh an initial bid went from 5.19 million to nine million dollars just because we didn't do the bidding process correctly.

And uh that's concerning.

And uh quite frankly, this board cannot be trusted uh with 300 million dollars.

I mean, we see what you do with uh with a parrot island water park, and that's very concerning uh to have no oversight by somebody who knows what they're doing with all due respect to the department heads.

We need someone, an engineer, an independent thinker who can monitor situations like we're voting on tonight, who can monitor what's happening in the bid process.

It's to quote director.

Thank you very much.

Uh it's a drop in the bucket uh to hire someone to monitor this.

Okay, thank you.

Next we have Shane McKinney.

Hi, everybody.

So uh way to spend all our money.

That's really cool of you.

Cool to abstain from voting and make that announcement just in case it became relevant in advance.

Uh shows a distinctive lack of leadership.

And uh you guys uh I'm really ashamed of you all, and I think a lot of people out here have already made it very clear that they're ashamed of you guys.

But that said, I think that life is full of problems.

I think a house that I'm starting to fix is full of problems.

I think that tomorrow a car could hit one of my houses.

Happened last year.

You never know.

That's a problem.

It's not about the problems that we have right now that determine where we are.

It's how we handle the problems that we're facing.

This is a problem.

I don't like it.

I've got a solution that I'm going to try to implement to try to fix a lot of these problems.

Um, and I'm going to put an incredible amount of my own effort and time into it over the next year.

I'm sure you guys can figure that.

But the problems that we face as a city don't need to be the thing that we keep bringing up in order to justify actions.

We just need to handle our problems.

We just need to take responsibility.

And as for throwing kids around, every time you want to spend our money, I love kids.

I've talked about volunteered many times.

I'm talking about what you guys just voted on.

We're talking about item number five.

Oh, I'm sorry, I didn't realize, but I figured the vote would go the way it went, and I signed up for the one after it because I'm not a stupid idiot, and I wanted to make sure to call you all out on it.

So thank you very much.

Shame Shane.

That's all.

Okay.

Thank you.

Uh this time we entertain a motion to adopt the resolution.

So thank you.

Any comments from the board?

Seeing none, please call the roll.

Director Settle.

Yes.

Martin?

Yes.

Rego?

Yes.

Good.

Yes.

Kemp?

Yes.

George Kitzavans?

Yes.

Christina Kitsavis.

Yes.

It's approved.

Seven in favor and zero opposed.

Item number five.

Item five tonight is a resolution authorizing change order number one to a contract with patriot utilities for construction of a consent decree remedial measures project.

Mr.

McKee.

Thank you.

This project experienced significant delays due to a permitting disputes with the railroad patriot railroad.

And in necessary for that, the extension of working time, 16 additional working days, which is honestly not much for a railroad of this magnitude.

And uh small amount of money for $12,099 for increased uh fencing costs near the near the uh staging area.

Okay, thank you.

Any board comments on this item?

None indicating.

Please call the roll.

I mean the motion.

Okay.

Motion to approve any system comments or none.

Uh this time we entertain a motion to adopt a resolution.

So moved.

Second.

Thank you.

Any board comments on that?

Okay.

Seeing none, call the role.

Directors Martin.

Yes.

Rego?

Yes.

Good.

Yes.

Kemp?

Yes.

George Git Savas?

Yes.

Christina Kittsavis?

Yes.

Settled.

Yes.

It's approved.

Seven in favor and zero opposed.

Let's go to item six, the consent agenda, Mr.

Dingman.

There are 16 items on tonight's consent agenda.

We have a resolution authorizing an agreement with Main Street Fort Smith for 2026.

We have a resolution authorizing an agreement with the Roosevelt Group for 2026.

A resolution adopting the 2026 City Internal Audit Plan and 2026 Utilities Internal Audit Plan.

A resolution adopting the 2026 Internal Audit Charter.

A resolution adopting the 2026 Internal Audit Charter, a resolution adopting the 2026 audit advisory committee charter, an ordinance authorizing public services agreements with SRCA area agency on aging and project compassion, an ordinance authorizing public services agreement with the Fort Smith Museum of History.

A resolution authorizing a software as a service agreement with IGM Holdings, a resolution authorizing amendment number six to engineering services agreement with Burns and McDonald's related to the Lake Fort Smith transmission line phase two project.

A resolution approving easement acquisition for the Highway 45 utility relocation project, a resolution approving easement acquisition for the late Fort Smith transmission line phase three project.

A resolution authorizing a third-party solid waste hauler agreement, a resolution authorizing purchase of a skid steer for solid waste services for the replacement program.

A resolution authorizing purchase of an excavator for solid waste services per their replacement program.

A resolution authorizing purchase of a dozer for solid waste services per the replacement program and a resolution authorizing purchase of a roll-off truck for solid waste services for the replacement program.

Okay, thank you.

Is there any item on this agenda that you would like to pull off with separate discussion?

Uh Director Neil Martin and then Director Stavage.

A and F.

A and F comments or comment comments on F, but I'd be going to talk A.

Uh B and H.

B and H.

Are there any others?

Okay.

We'll go to A.

Um as it relates to A.

Um, I would like to pull this out, not vote on it and have a study session related to it.

Um this is about Main Street Fort Smith, our downtown.

Um, I think there's some things that this board needs to take into consideration, especially considering Main Street Fort Smith's survey that we just had.

But I was I thought I also think it's time to take a uh a good assessment, another assessment of Main Street Fort Smith and how they're performing.

Um I think we need to like this is a three-year agreement, what we're signing up for.

It's a three-year agreement, one year and two year automatic renewals.

We need to hear from them.

We need to talk with them.

We need to ask some questions before we move forward with this.

So I'm requesting we pull we pull that item for a future study session.

I I I believe well, I just I just say we we pull that for a future study session, so we can have Amanda Hager here and we can talk it through.

Uh maybe talk to that board and truly see um the the value or or you know or make an assessment of Main Street Fort Smith and how they're performing.

Okay.

Is that a motion to table pinting?

So do I have to make a motion?

That make a motion to table it.

The citizen is not here to speak on the We do we do have several individuals uh to speak on item six A.

Oh six A.

But is that a motion to I'll I'll wait for the I'll wait for the citizens' comments and then then I'll make that I can make a motion.

Okay.

Call a call uh call the uh residents to speak on A.

First, we have Andy Postrick.

Hi, thank you everybody.

My name is Andy Postrick.

I love living in Fort Smith because of our downtown area.

Uh just to personalize it for you.

One thing that I love about downtown Fort Smith is uh historically there's a man named William McCorkle.

Uh his house was about 300 feet that way.

He was a chemist.

He had a uh in a apothecary shop right where Tipsy's Pub is today.

Uh he was the leader of a group called the Rex Wheelmen.

They were like sort of a precursor to the Good Roads League of Arkansas, which was in itself a precursor to what is now our dot today.

Uh and he was right here in Fort Smith.

Um as far as uh Main Street Fort Smith, I'm not sure what is like a good fair price and what our ROI for them is, but I do want everybody to know if you weren't aware that downtown Fort Smith has a huge return on investment uh through property tax values.

The property taxes downtown are much higher than the rest of the city.

Uh and I just wanted to give you two examples because I've only got two minutes, but if we look at the cases in downtown Fort Smith, uh it's uh right down there.

Uh and then we compare it to the Cases on Rogers Avenue.

And remember, they're not the exact same size, so we have to compare by square footage.

Uh the Casey's in downtown Fort Smith pays 57 cents per square foot of property tax versus 20 cents per square foot for the one on Rogers Avenue.

So the one downtown is paying almost 300 percent more in property tax than the one on Rogers Avenue.

Uh first national bank building, the big tall building, which is one of the highest property taxes in the in the city.

If you compare that to that RBS tower across the street from the mall, first national bank pays $3.63 per square foot, and RDOT pays only $2 per square foot, which is 80 80% higher uh property tax return downtown versus elsewhere in the city.

And you can do that parcel by parcel across the whole city, and you will find that downtown contributes more to property tax than anybody would ever imagine.

Thank you.

Thank you.

Thanks.

We have uh Ken Lyon.

Oh, we're gonna make this on the slides again, aren't you?

It's not, I'm actually guessing it's not about the 646 left because I actually got to work with them before.

We tried to.

Um thank you for actually delaying that.

Definitely do that.

I think that needs serious review.

Uh a few years back, I was actually trying to do art installations in downtown area during COVID, specifically using old school projectors, literally hack them with solid state relays where you can do activations where like a bike group rolls up.

You take the public murals, you can do activations with different lights.

It looks like it's moving nice and cheap.

Tried to get the unexpected group to work with me.

They basically said, well, we'll let you use our branding on it after it, and we don't have any money for anybody local.

And uh, but yeah, you can stick our sticker on it and we'll announce it that we did it.

So that didn't really work out.

But the main thing I'd heavily recommend is that Claire mentioned that they don't have the negotiations of the murals for public fair use.

I actually got shut down trying to do commercial development because I couldn't figure out how to navigate the negotiations of the different art because trying to take an actual video to promote downtown was actually unexpectedly blocked.

I really did come out with all the sticks today, sorry.

Uh, how long okay?

Oh Lord, you got a minute more.

There's more.

Um positive things, I really do think downtown is actually the move for Fort Smith.

The ROI, Miss Laura's is the unique value proposition for Fort Smith.

What are we even doing with water slides?

Honestly, it's rotting in a field for an insurance scam, is honestly what it looks like from the narrative outside, while we're doing nothing for the city.

Set up a scenario to actually play into that true grit thing, the whole thing that 646 is supposed to be promoting.

I have mixed feels about them succeeding versus they have good intentions, great people, I love them, but like there's work to be done, and we're fussing about a budget going down the drain at a water slide instead of actually making real investments that have public ROI for us.

Downtown Arkansas is a fantastic history.

It's the only unique value proposition we have left, which is bringing people to talk about things like honest history.

That's the commodity that we have, or military stuff.

So unless you all want to have hard conversations about like moving nuclear batteries around or something because of the fort, we should probably be figuring out how to like make the fort and true grit theme stick for the place that we have, because that's what we got, right?

All right, that's my rant.

Thank you.

Next we have Chris Cadelli.

Uh I'd like to oppose this non non-essential spending.

Um appears to behave as yet another layer of pseudo-bureaucracy.

So if you're in a if you're an entrepreneur looking at opening a business downtown, how many layers of bureaucracy do you have to contend with?

You've got the city itself, you've got the CBID and Main Street.

Um you'd think with all that organization downtown would be revitalized and thriving.

Where's the where is the ROI on this?

Thank you.

Next we have Crystal Cadelli.

I strongly oppose allocating 150,000 to downtown 646.

The city already allocates $648,000 to CBID.

$100,000 of it is spent on downtown activities alone.

The mayor spends uh almost $68,000 on the 4th of July.

And with an additional $162,000 on special events.

This is all totaling over a million dollars.

Over 400,000 of it dedicated to downtown.

And like my husband said, where's the ROI?

We haven't seen any.

We see homeless, we see people in need, we don't see thriving businesses.

We currently have just passed 2.6 million more dollars for slides with the yellow slide down for safety issues, according to Drew Peterson, without a cost to fix it.

We have uh also they have a significant water leak they can't find.

And uh the meter is again currently turned off.

Um we have a billion dollars in infrastructure needs.

We I guess have completely forgot about the consent decree and um the new agreement with the feds.

So where are our priorities?

Where are they?

I don't understand.

I understand that you're saying that your job is hard, and I get it.

But where are your priorities?

Would you do this to your family members?

No, it's not your money.

It's our money.

And you need to focus on what needs to be done.

So I say vote no for the 150,000 dollars.

I know it's a drop in the bucket, but every drop up in the bucket helps.

Thank you.

Next we have Joey McCutcheon.

Thank you, Director Martin, uh, for for speaking conservatively and for looking after the best interest of our city.

You did it two years, you did it back in 2023 on this issue too.

I looked at a talk business uh article, which was very thorough.

I think this has been going on since 2017.

You wanted you and maybe not quite that long, but even if it's three years, that's 450,000.

400, I mean, we're just spending money like it's going out of style.

Um and we need measurables.

When we give somebody 150,000, we need measurables.

We're gonna talk in a minute about uh about the massive amounts uh that we're giving out to to uh private organizations.

Uh 82,000 to Fort Smith Cemeteries, which by the way is illegal, and if you don't get that money back quickly, I'm gonna sue you on it.

It's ill, it's just purely illegal, 82,000.

Now you're gonna give money to Fort Smith Museum so that they can they can uh uh have their utilities on.

Uh you know, we I've already sued the mayor for his illegal spending.

I mean, you've been down this path.

You better make sure that you get good legal advice and you know when you're when you're giving money to Fort Smith Museum of History Area Agency of the agency, Project Compassion in the Sebastian County Retired Citizens Association.

For example, the last three years, that's $793,000.

$193,000.

Hey, all these are great organizations, but it's unconstitutional.

And even if it's not unconstitutional, don't we have other priorities?

$500 million for a transmission line uh from Fort Smith up to Lake Fort Smith and a treatment uh facility.

Those are priorities, those are real priorities.

Put it on hold as director to mark uh director to Mark Martin has said, and uh let's do a study session uh because look, we know we've got the downtown dudes who are controlling downtown.

They want all the power, and now we're just giving them 150,000 to do what they want to do.

Thank you.

Thank you, Mayor McGill.

That's all for item 6A.

Okay.

That was me.

Um Jeff, do we need we need the Roosevelt group for consulting if the chamber already pays them, right?

Their contract is with the city, not with the chamber.

But they're also contracted with the chamber.

I don't believe so.

I think that they were at one point, but they're not anymore.

What what do we really get out of this?

We get their advocacy, I mean they're a lobbyist firm, and so they do what lobbyist firms do.

They advocate for us with the Pentagon with the Office of Local Defense Communities Corporation and the Department of Defense and the foreign military sales branch of the State Department.

They work with all of those agencies to make sure that we are doing what we need to do and know what we need to do to in order to support the uh foreign military sales project.

But what I mean, what are we doing?

What's our role in it?

That's what I don't understand.

What our role is.

Well, I mean, and some of the more specific things that they've helped us with in the last year make applications for grants.

And frankly, you know, it was a there was a grant we applied for.

Um the DC grant defense communities infrastructure program grant that we before we had the Roosevelt group on board with us.

We made application for that grant.

So grant that we feel that we should have gotten.

Um but we did not.

We were on our own with that with that particular one.

We didn't have the advice of the Roosevelt group, which I believe would have.

I mean, they have people that have worked for the Office of Local Defense Communities the OLDCC group.

They have people that have worked for those agencies and have administered and awarded these grants that we could have had benefit from their input on our application for that particular that particular one.

And we intend to apply for that grant again and use their uh expertise when we make that grant application.

All right, thank you.

Okay.

Real quick on that.

We've gotten money out of out of that grant.

Those grants.

From from different different ones, yes.

So that particular one we did not since we've had we since we've had the Roosevelt group on board with us, we have gotten a uh military installation resiliency and grant, the MERG grant.

Total of how much?

Uh that one was six hundred thousand.

And what that does is it gives us a infrastructure report to be able to use for other grant purposes, including this DCP grant, where we can show where we've identified some deficiencies in our infrastructure that needs to be improved so that it can support the uh the military base for a sustained period if we have infrastructure failures of it.

The L DCC grant that we got for um for the schools.

Yes.

That's through this group.

That that's exactly how much was that?

That is a 4.3 4.3 million dollars.

So that's about about half uh five million, I guess, out of the year.

4.3 plus the 600, yes, sir.

Yeah, okay.

Did we apply on behalf of the school system because they couldn't apply?

Yes.

Okay.

Thank you.

I uh can't.

Yes, thank you, Mary.

I think the thing from the DC trip that I was most interested in and meeting the D the Roosevelt group is the work that they're trying on the infrastructure and tying that in.

And I was I'm hopeful that down the road we see some even more further grants pursued utilizing that study and having them advocate on our behalf.

Thank you.

Item F.

Uh, if I may, we did have one individual to speak on item six B.

Okay.

Uh Ken Lyon.

All right.

Probably already wondered what's he gonna throw this time.

Okay.

So I'm that we have this uh professional service consulting because that opens up the door for what they're actually pushing for.

Um course, it's kind of we'll point to like $600,000 in an award certificate versus $600,000 actually in the account.

There's a lot of stuff on the budget that's like it looks good on paper.

Is that actually happening to be actionable or is this like you know what I mean?

But to stick to the point, in my opinion, what we obviously need to do is pretty clear.

The sunk cost, the only fallacy is still pouring that water down the drain.

It sounds like we have assets sitting in a field that are obviously depreciating.

We have a moratorize finance on top of that, but the thing is that's already off of where it's supposed to be because it's been sitting in a field rotting.

What was it?

Festering rot, what was that the problem?

Poisonous rot.

The poisonous rod on the slide sitting in a field over there is actually a gap that you could have the consultants go look into on the consultancy of this of if it's viable for us to actually sell that at a loss for how much we're actually losing money.

Is it rotted?

I don't know if yes, it's actually a suggestion for the F.

Oh, I'm sorry, I thought this was B.

B, the consultancy of professional consultants.

Yeah, go ahead and continue.

So my suggestion is see if the consultants can basically do the math on where we're actually sitting on what's sitting in that field versus what's on paper.

Because right now it's rotting in that field, and on paper we have financed what we're supposed to be paying for because there's an expected return, which doesn't exist anywhere but on paper, and there's a loss that's happened because they didn't put it in the box they were supposed to.

You can technically put that liability back on the group that didn't do their part of the subcontractor because it's not supposed to be rotting in that field, it's supposed to be sitting in some boxes that they didn't deliver on.

So there's an outside liability that you can actually technically throw our loss on them for trying to recover that instead of just seeing being like, oh, we gotta lose this.

But obviously, it's a sunk cost.

It's a fallacy to keep going at this thing, liquidate it and see what you can get.

Because right now it's literally rotting faster than the finances are saying it's worth, and you have to make up that difference, otherwise you're gonna have people sharpening everything.

Thank you.

Got it.

So that's my suggestion.

See if that'll work.

That's it for 6B.

Item F.

So this is my question.

And I ask you via email, Jeff, about this one.

Um I think I almost question it every year, but there's something in the language of the county sales tax that denotes these funds have to go to the Fort Smith Museum of History, the SRCA, the area agency on aging, and project compassion.

Is that a true statement?

That is a true statement, yes.

Okay.

So it's we're we're not making that, we're not just choosing some some nonprofits to get money to.

Right.

One of the obligations that we've identified in our resolution or ordinance when we um advocated for the adoption, the renewal of the county wide sales tax was the fact that we would use certain percentages of those dollars for certain things.

Most of them are public safety related, but we have and I'm not gonna get the percentage right necessarily, but I think it's three percent that we allocated uh directly to senior services from the our our share of the countywide sales tax.

And this a large part of large part of those dollars of that obligation is met through these contracts.

And and that that is in the language that the voters voted on.

That is that is what the city said that we would spend those dollars on with the obligation we made to the voters.

The that's not necessarily in the ballot title, what the the voters voted for us to do.

That's what we pledged to the voters that we would use those dollars for.

It's in the ordinance that started ballot.

Yes.

Okay.

Okay.

If if I may, we did have some other individuals to speak as well.

Okay.

Uh you may call them.

From items on item six C, Chris Cadelli.

I just would like to mention on with regard to internal audit.

Um, you know, with all the systemic fraud that's been uncovered in Minnesota and many other states around this country, it's vital for me as a taxpayer uh that we know our intern uh our internal audit team is protecting the Fort Smith taxpayer.

I would just ask that the board, you know, do a good job keeping us informed on impending and completed audits, including, of course, the uh Parrot Island water park audit.

Thank you.

Next we have Crystal Cadelli.

I just want to say that I'm happy to hear that we actually finally have an in-house auditor.

Um, you know, my fear is that we are so behind at this point, um, taking so long to hire one that it's gonna be overwhelming.

Um I see that we, you know, I feel that the water department is a major concern and uh is in desperate need of an audit.

Uh we have a large uh percentage of water meters that either don't work or um you know are not transmitting correctly.

Uh Par Island being uh an example of losing at least over 40,000 in revenue that could have gone to the city water department.

How did it how did it go over 12 months without anybody realizing, especially in the summer months, that the water department is only billing a water park 40 bucks a month while citizens are getting 900 a thousand dollar water bills?

Um I think that this uh I think two or three of you up here do your homework, um, look at the budget, know what's going on, and I appreciate it.

Those that just vote yes, just put a rubber stamp on it, do better.

We expect better and we deserve better.

Thank you so much.

Then for item six F, Joey McCutcheon.

As well as six G.

I think I said what I had to say.

That's all.

Okay.

Thank you.

There was also a question about H, right?

H, yeah.

So the the software cost seems a little high to me.

I'm wondering why the price isn't fixed if we're signing a multi-year agreement.

Because just based on uh the limited knowledge I have with government SaaS contracts, 13.1% increase over the three years is on the high end.

It's typically about three percent a year, but if we're signing a multi-year deal, I I would hope that we'd get uh you know fixed fixed costs.

This kind of locks us in so we can't rebid easily.

I mean, it's the it's a bundled service, it's it's a combination of uh support team from their team, so it's a lot some man hours from their standpoint as well as cloud-based solutions.

So it's kind of a combination of a lot of things.

Um I think I mean I can go back to them and talk to them about the five percent increase if you want me to, but I would say when I shopped this around when I when I initially got this gravity solution, uh the the base solution, and it is very uh the the price is very much competitive to what other people were calling me and trying to sell because it does the budget, our budget book, it tracks our does our lease accounting, um it develops our debt disclosures as well as writes the annual financial report.

It does a lot.

The the the capital improvement plans.

So there's a lot of um there's there's a handful of products built into that bundle.

Yeah, I mean I think I think it's a good software.

I like the way the budget books are laid out.

That that's very helpful for me, but we're starting at $69,729 and 27, and then by 29 we're at 78,877.

You know, I I don't know if there's a benefit in signing a three-year agreement if the cost is going to escalate.

Could you call them back and say we'll do a three-year agreement, but we want the price locked in?

Sure.

Okay.

Did you have something to add?

I do think that five percent is pretty high.

Um, you know, you could look at CPI, the CPI number, um, in terms of what that additional is uh or cap it at three percent.

I mean, uh I know uh it's usually pretty standard to have a uh percentage increase, but five is pretty high.

I think yeah, I think an escalation caps typically around three percent.

Yeah.

So I'll make a motion to table that item.

Second.

So I have a motion to table.

Okay.

So we need to vote on it.

Yes, I have a motion and a second to table.

We have a motion we have a motion and a second on uh that's uh items.

Uh just to clarify, if there is no specific date, it would automatically come back to the next regular meeting.

Is that is that enough time, Andy?

Yes.

Okay.

Okay.

Fine.

Please call the roll.

Directors Rico?

Yes.

Good.

Yes.

Kemp?

Yes.

George Kitsavis.

Christina Kit Savis.

Yes.

Settled?

Yes.

Martin.

Yes.

Motion passes, seven in favor and zero opposed.

I'd like to make a motion to table uh item A.

Second.

Till when can we get it on a study session?

When we have a study session discussion.

We can save for a study session.

We could table this pending study session discussion.

Table it pending a study session discussion.

Okay.

Please call the roll.

Directors good.

Yes.

Kemp?

Yes.

George Kit Savage.

Yes.

Is that a yes?

Huh?

Christina Kit Savage?

Yes.

No.

Settle?

Yes.

Martin.

Yes.

Rego.

No.

Motion passes uh five in favor and two opposed.

Okay.

Thank you very much.

Are there any other items before we ask for a motion to approve?

Okay.

I'd make a motion to approve the remaining uh items on the consent agenda.

Second.

Thank you.

There are no further discussion, please call the roll.

Directors Kemp?

Yes.

George Git Savis.

Yes, but no to be.

Christina Kitzavis.

Yes, but no to be.

Settled?

Yes.

Martin?

Yes.

Rego?

Yes.

Good.

Yes.

Motion passes with seven in favor and zero opposed on all items with the exception.

I'm sorry.

All items with the exception of six B, which was five in favor and two opposed.

Okay.

Thank you very much.

At this time we'll go to the official forum.

There's a couple of items.

Uh had a chance to post approximately 50 attaches from embassy attaches from around the world.

Uh here in Fort Smith, uh they came to take a look at Ebbing Air Base to see whether men and women are going to be training.

Uh and they're very, very impressed with Fort Smith.

Um also uh the first aircraft uh for Finland arrived today, and that uh raised the number of aircraft as part of the FMS, uh raised that number to nine uh aircraft, and they say the remaining Finland aircraft will be coming uh rather quickly.

So we're looking forward to that.

Uh just time, Director Rego, you recognize.

Thank you, Mayor.

Uh, two things uh fairly quickly.

One, it was kind of mentioned earlier that uh there's no businesses thriving downtown.

Uh and I think that uh the bakery district, first national bank, ProPAC 906, Ty Curry, the Ribroom 21 West End, Prima Italia, First Security Bank, Prohibition, Creative Kitchen, Sol Studios, the Harper Ellis Salon headquarters, uh, to name just a few would disagree with that assessment.

And uh on a more um somber note, uh, I know I speak for my colleagues and everyone here in the city uh as we extend our condolences to our Congressman Steve Womack on the loss of his wife Terry uh earlier today.

So we appreciate the work he does to represent our area, and I know that we uh keep him and his family in our thoughts and prayers uh as they deal with this um family tragedy.

Okay, thank you for mentioning that.

Uh Director Good.

Thank you, Mayor.

Just a couple of items.

Um first uh I want to uh thank Andy Postric for for always coming and being so positive when you come to the podium.

But I also want to thank you for your well-thought out ideas and recommendations to the board.

Um I think it's great that you share that with the board, but I think that we need to look at some of these ideas that you presented to city staff who are the professionals in in those areas and see if they're very workable or at least workable.

So thank you for what you do.

Um secondly, just want to give kudos to uh Mr.

Meeker uh and Mr.

Joyce and uh we'll scoring the street department, it's now um what department is.

Public works.

Public works, thank you.

Uh had a resident call me with a complaint.

Um needing uh uh light in his area in the alley on a corner, very dark place.

Um he sees a lot of activity back there.

So he personally requested from Mr.

Meeker and Joyce uh a utility light uh on a Friday.

It took two days for the city to work with OG and E.

So I want to thank OGN OG also because it took OG and E six days to get out there.

So a total of eight days the citizen made a request and got a light uh in his alleyway uh for his own safety for the area.

Um thirdly, and and and probably the most important, um, and this is my personal statement to the police department and fire departments.

At no empty words.

I think my actions speak for that.

Yep, thank you.

For my intent, just like they have since I first ran for the board.

And at every opportunity, as well as George Kasavitz and Director Kebles, Kevin Suttle have talked about our support for these departments.

But at our earliest convenience, we will continue to review our sales tax revenues.

At the board's request, I would like to, once we see that our sales tax revenues are going up, let's review uh the request by these departments and see what we can do to help them out.

Okay.

Thank you.

Director Kemp.

Thank you, Mayor.

Um my prayers and condolences to Congressman Walmack and the loss of his wife.

Uh can't even begin to imagine what you're experiencing, and my prayers are for you.

Uh to the spirit of Mr.

McCutcheon's comments, I do actually would like to request that the board be emailed and kind of an update and a timeline.

I mean the engineer consultant for the consent decree is a budgeted line item, and I remember we talked about this, and that um we would use it as an ad meet basis, and but yet I don't think we've heard who would be such said firm, knowing that they're on basis, and then that way we can make sure that they are being asked.

So that especially like if there's an overage on a project uh or something coming up to to the board to review uh from bids that were sought, it would those would be good hours expensed in my opinion to an engineer firm uh that is independent to take the cursory look and dive into these things.

So I I'd I would like to get an update on that.

I would comment to that that uh we do have an update and it's a discussion on next week's study session is to review the program management project for the consent decree.

The discussion is scheduled for next week.

Thank you.

And that's something that will be competitively bid, or does Director Kemp have a buddy he wants to call for that?

Professional services are not solicited by competitive bidding.

Come on, Christina.

Over 75,000.

No.

Not repetitively bid, they're based on qualification.

That's a state law.

I mean, the 75,000 threshold, there's a I mean, in terms of who can sign and authorize the contract, but the selection and review of that process is a qualifications-based professional services procurement process outlined in state law in the city code as not competitively based.

It's not competitively based.

Okay.

I would like to make a motion, Mayor.

Okay.

Giving the serious.

I'll read it again.

Give them a serious questions about procurement, authorization, and use of general fund dollars.

I believe this board has an obligation to seek an independent review by the Arkansas Attorney General to protect the city and taxpayers.

That's it.

So you're you're making a motion to direct this to the Attorney General's office.

Okay, I'll second that.

Okay.

Right.

Okay.

Director Christopher.

So we don't need a vote on that?

No.

No.

I don't think so.

So what's the process then?

Well, I'm just thinking through that.

I think that uh this that particular motion needs to go through a a discussion of sorts to from the board for a study session of some something to where we can take a specific direction and give the staff uh direction.

How would this be facilitated?

Casper of review by the attorney general.

Yeah, I think there needs to be some guidance of what is going to be asked of the Attorney General.

You know, what does that look like?

I mean, either staff or or you know my firm can prepare some letter, but you know, what are we asking the Attorney General to do?

Uh what documents, what information is going to be provided to the Attorney General's office?

I want to I want to know who and when you about the installation of the slides.

Because that was hidden from us.

There's no question about it.

And to me, that's fraud.

This is taxpayer money that's in my compared to private business going at it.

And I think that warrants an investigation.

Well so as far as the inquiry goes, Mr.

Damon, we could we can prepare that inquiry to the Attorney General's office, and I presume if they had further need for information or documents, they would reach back out.

Um so I mean I'm a little bit struggling with how that's going to work out because I'm not familiar with it personally.

But you know, other than the initial contact uh and giving them the parameters of what what the investigation or review is being requested, uh you know, I think it would probably be at the you know, then the the uh disposal or the position of the attorney general's office of what else they might need and who would might need to be available to answer questions for their investigators.

They have subpoena power, they're concipient phone records, correct?

Uh the AG's office does have subpoena power.

The emails?

They have subpoena power, yes.

They could question people under oath.

Uh I believe that's correct.

They have they have they have very broad uh is the attorney general's office.

We just want I just want the truth.

Uh would the people want the truth?

That's all I'm asking.

That's it.

Thank you.

Okay.

So, Madam Clerk point of inquiry.

So, what just happened?

Because one director read something off of a piece of paper and another one seconded it.

It seems like the attorney is unclear on next steps.

Is there a vote we need to take?

Surely it doesn't take one director saying something and another director seconding it, and something automatically goes up to the attorney general.

I mean, surely that can't be the process.

No.

Um what I would recommend is that we do go ahead and vote, or you can uh you can amend it to discuss it at a study session.

Because if you are just requesting that, it it is and Colby, you may need to correct me.

But if if there is a clear directive, if you would like it to have it voted on, then we can certainly do that.

My my qu if I might my concern on a vote is at the beginning of the meeting, the the mayor asked if any items needed to be added to tonight's agenda and anticipating a vote of such item, and none was presented.

So I don't think that we can do that.

Well, sometimes things come up during the meeting, and you you can request based on what has come up.

It doesn't have to be presented as a new item.

It's relevant to the item that was already on the agenda.

Well, that that's a per so you're now dealing with the procedural question.

Um technically, I'm I and I don't have a randomized Robert's rules of order, but it's probably correct as to the correct handling under Robert's rules of order.

You you probably shouldn't vote on this now.

Now that's a very topper technical procedural question.

Colby, could I just call up the Attorney General's office and request this, or does it need to come from the board as a whole question?

I I there's probably nothing stopping you or any citizen from calling the Attorney General's office and inquiring and stating whatever whatever you want at state.

Now, as far as what that office would require in terms of a formal request from a city, maybe they would want an ordinance or resolution.

But presumably investigations start all the time by you know law enforcement agencies like such as the Attorney General's office with with you know standards less than some formal request.

I mean, so I to answer your question is yes, you can call the Attorney General's office and inquire and question what you want to question.

Because this came up with uh with the animal haven't.

I called the Attorney General's office.

We had an audit report that, in my view, showed theft of public funds, and I sent it to them and it worked its way around a little bit, and then it got back to some of the officials, some of the state level officials, and um they kind of put a stop to it because they said all that's gonna happen is it's gonna turn Fort Smith into a laughing stock and you're never gonna get your money back.

And I said, Well, what I want is for us to quit throwing our money away there.

And so I'm wondering.

So was there no official report issued in that instance?

I mean, did it did the No, it just died because I was told if you can get your entire board to vote on it and send something from the board down there, they'll move on it.

And I I couldn't get that, so you know, nothing happened with it, it just died.

So I'm wondering, you know, do if I make a phone call, is it the same situation all over again?

Well, I don't know, because I don't have that personal experience.

But in in light of that, maybe the best procedure then is for the board uh to pass a resolution specifically directing what it wants with regards to this topic from the Attorney General's office.

Okay.

So do we need to send it to a study session to do that?

I would think based on the a motion and a second, we can have that discussion, which could then frame the parameters of what we might present as a resolution for adoption in the following week.

Who doesn't want to be on the Jeff, let me ask a question?

Where where are all the contracts and agreements with the slide company?

And and AMA, all the all the legal stuff stuff for the purchase of the slides.

We have them.

We have them, and the board has seen them and approved contracts.

You have them from the time we started getting to buying the slides from the get-go?

Yes.

I've shared with I've shared those with the board recently.

Yes.

And who negotiated you or Carl?

That was not me.

Excuse me.

It was not me.

I can't imagine somebody not thinking that you buy something that that didn't include installation.

I just can't.

I mean, it's like somebody buys a house, realtor says, congratulations, you ought to be happy.

Then a week later, well, you got to buy the yard now.

It was in the documentation that it included installation.

We have that.

We have that.

It was just way under.

Yeah, it was way under court.

Heck yeah, man.

Yeah.

Okay.

I'm done.

I'm done.

I'm done.

Okay.

Thank you.

So could I please get some clarity on the motion?

Is this to place it on a street study session, or is this to place a resolution on a future meeting?

I want a study session.

With legal counsel present.

Do we need anything else on that part?

No, it only takes two.

Okay.

Thank you.

Uh Director Christian to Savage, you recognize.

Nothing for me tonight.

Thank you.

Settle.

Uh thank you.

Two items.

Um I know Matt and his team has already started to pre-treat the roads over there.

Independent ice storm and snowstorm this weekend.

So I want to think that crew and obviously it's at the public, please keep an eye on the weather.

The other thing is heard it once and heard it twice.

Jeff, as we progress into 2026, when we get our sales tax report, I'd like the way that we can see what rebates are taken out of a sales tax report.

I also like it.

Maybe Andy could put something together.

How is rebates taken out?

You know, you're talking about rebates or when we do a uh economic development project and sales in lieu of sales tax rebates, we bring in jobs, and that's one of our economic development tools.

But how do those how are those taken out?

Is it through a sales tax?

Is it through the property tax through how is it taken out?

Which sales taxes take them out of?

Is it coming out of the street funds?

Is it coming out of the sewer funds?

Where is that sales tax coming out of when we get our county tax?

Where is it coming out of?

And how do we put that on report so we can say, hey, sales tax went up, but we somebody took a, you know, three hundred thousand dollar rebate because they put some equipment in, and that's the rebate.

So how do we get that?

That gives us better optics on our sales tax or sell tax going up or flat, but having that rebate and understanding how that rebate is calculated.

And I think that we can do some more work on the front end as the report gets released to identify what those rebates are.

But I think you know, the information we get from the FNA that Andy looks at with when we get those sales tax reports are are divided by category, not necessarily by entity or business.

And so we may be able to get some refinement to it, but not too much.

Okay, thank you.

Mr.

Dingman.

Okay.

We're going to reconvene, and the following appointments have been made.

On the audit advisory committee, uh, Renee Pogue, to the community development advisory committee, uh, Kimmery Rooker, to the Historic District Committee, Commission uh Jacques Salone, to the plumbing advisory board, Aaron Bournegasser, and to the Sebastian County Regional Solid Waste Management Board, uh, Casey Wilson.

Need a motion, please.

Okay, all in favor.

All right, thank you.

If there's nothing else to come before the board, need a motion to adjourn.

So moved.

Thank you.

All in favor?

Aye.

All right.

Thank you very much, Board and Residents.