Good evening and welcome to the Fort Smith City Board of Directors meeting on this June 16th of 2026.

Oh no, I got plenty.

These meetings are being televised for the benefit of residents who can't be with us in person.

At this time, we will ask.

I'm gonna ask Director Neil Martin to do the invocation.

Okay.

And uh Director George DeSavage to lead us in the pledge.

I can do that.

Let's pray.

Father, we thank you for tonight.

We thank you for the opportunity to be here.

We're thankful that we get to do the business of the city, our great city of Fort Smith.

Lord, I'm I'm so thankful to see all these people out here tonight and uh coming being a part of their government.

Lord, I pray that you just give us wisdom tonight as we make decisions.

I pray that you would be those that come to speak to the board.

Give them clarity, give them the mindset to come speak to us.

And Father, I just pray that you would give us all wisdom.

I pray that we we do things that are correct in your eyes, Lord.

I pray that you give us wisdom.

Lord, I pray you forgive us of sin that we have.

Give uh forgive me of sin.

And Lord, I just pray I thank you that you sent your son to die on the cross for those sins.

So, Father, I just pray you'd be with us tonight.

We love you and we thank you.

We ask all these things in your precious and holy name.

Amen.

I pledge to the flag United States of America and to the Republic for which it stands.

One nation under God.

Liberty and Justice for all.

Okay.

Thank you very much.

This time Madam Clerk, would you please call the roll?

Directors Rego.

Yeah, here.

Good.

Here.

Kim?

Here.

George Kitsavis.

Here.

Christina Kitsavis.

Here.

Settled.

Martin.

Here.

At this time, I'll ask if there's any presentation by a member of the board of directors on any item of business not already on the agenda for this meeting.

I have a motion to make, please.

Okay.

Okay.

Um it's a motion.

Well, y'all know what it is.

It's a motion to put on the November ballot, a vote to change the form of government, uh, on the to put on the be put on the next board meeting.

I'll second that.

That's all, sir.

Okay, thank you.

Thank you.

Anything else?

Okay.

This time we will ask for approval of the June 2nd uh regular meetings.

So moved.

Second.

Thank you.

All in favor?

Aye.

All right.

Thank you very much.

This time we'll go into the citizens form.

Madam Clerk.

We have several.

Uh first being Jimmy Harrison.

Yes, my name is Jimmy Harrison.

Well, I want to talk about tonight's term limits on the board and the mayor.

Y'all have four-year terms.

I think three is enough.

Oh, can y'all do something about it?

Just real quick.

You're you're saying you want three-year terms.

No, I want to still have four-year terms, but serve three would be twelve.

So twelve years max.

Yeah.

Okay.

Thank you, Jimmy.

Next we have Sammy Jackson.

Thank you.

My name is Sammy Jackson.

Do you all have a copy of the letter that Senator Boyd sent on behalf of Bobby Crabtree?

If you don't mind, I'm going to try to read that out loud.

It is my sincere pleasure to submit this letter in favor of a resolution appearing before the Fort Smith Board of Directors at the its June 16th regular meeting proposing that a portion of Towson Avenue be designated as Bobby Crabtree Boulevard in honor of Fort Smith native and champion athlete Bobby Crabtree.

Across the 20 year span of his professional boxing career, Bobby Crabtree participated in 93 cruiserweight and heavyweight matches and accumulated 56 wins with 51 knockouts, ranking above the highest totals in boxing.

In addition, he he was a local small business owner who operated a one-man body shop on Towson Avenue for decades.

That's 37 years.

It's there now.

Bobby still opens his body shop four and five days a week.

He still works out six and I mean five and six days a week.

With his uh tenacity, athletic talents, and entrepreneurial spirit.

Mr.

Crabtree is a shining example of what it means to dedicate a lifetime of hard work towards achieving a goal.

Respectfully, I would ask the members of the board of directors to give this resolution every consideration.

Thank you for your time and attention in this matter.

And I thank you too, folks, because Bobby Crabtree has a better record than Mohammed Ali.

Bobby Crabtree has a better fight record, more knockouts than Iron Mike Tyson.

Mohammed Ali, 58 professional fights, 20 year career, 37 knockouts.

Bobby Crabtree, same 20-year career, 93, not 56 professional fights, but 93 with 51 knockouts.

Iron Mike Tyson, 58 professional matchups, 44 knockouts, 20 year career.

Bobby Crabtree, your Bobby Crabtree, our Bobby Crabtree, right here.

He's right over here.

Folks, Bobby's right here.

Y'all give him a hand type.

Y'all give him some respect, yeah.

Bobby Crabtree is the real deal.

And he does example the true grit, the American true grit of Fort Smith, Arkansas, and the River Valley.

Thank you, Mr.

Mayor, for what you've done with us in the past.

God bless you for it.

And uh, but I contacted Senator Justin Boyd uh back in October of last year.

He made a call to Carlton Wing, who is the new CEO and president of uh Arkansas TV PBS, and we had been with Arkansas PBS for two years, but they fell apart already before Trump defunded public broadcasting.

So with Mr.

Wing, we had a 30 35 minute discussion.

I told him about some of my ideas for funding and raising funds.

His last comment to me and that first phone call, and we've had several.

Mr.

Jackson, this is exciting.

Let's have some fun.

Folks, we've been having a blast ever since here at the True Grit Fighter Camp.

Bobby Crabtree has been adopted.

I say again, your Bobby Crabtree, right here, Fort Smith, Arkansas.

Don King made him multiple offers to become one of his fighters with better training, more money.

Billy Higgins and I, Professor Billy Higgins, I interviewed him about 12 years ago.

And when we asked him that question, why didn't you do that, Bobby?

More money, better training.

You know, well, hell, this is my home.

This is my family and friends.

I can't just leave them behind.

Folks that spoke volumes to my heart.

And that's why we're here today doing what we're doing.

We have Rock Hill Movie Studios in Northwest Arkansas.

They're working with us.

They've written one script.

It didn't hit the mark, in my opinion.

So Aaron, the producer, slid it across the table.

We all read it, didn't we, Bobby Joe?

They suckered us into reading that script with him at the big table up there.

And it just didn't meet the mark.

And uh so Aaron slid across.

He said, folks, what we have here is a tasty meatball.

Now let's make spaghetti.

So they want to do a two-hour piece on Bobby Crabtree.

We're still working that way.

Arkansas TV told me they're willing to work with the movie studio.

And so, and we're talking about dealing with uh Carlton Wing, the president and CEO.

He believes in Bobby Crabtree.

He believes in Bobby's story.

My first interview at UFOs.

And it was just a God thing.

It was there to be said, and it wasn't something I scripted.

I said, I want to tell the community of Bobby Crabtree.

Thank you.

And that excited the room.

Thank you so much for your time.

Thank you.

Next, we have Natalia Deer.

Hi.

I'm actually kind of nervous a little bit.

But I just wanted to speak about how when COVID happened, everybody kind of went into their house.

And they are kind of starting to come out a little bit.

But I was thinking that to something that could help change that a little bit is if we use the downtown strip, and I'm not really for alcohol drinking, but maybe if we had like a little town thing, like maybe once a month on like the third week of the month every week, like maybe on a Thursday or Friday, where people just come together and they can have like the roads blocked off, and in the middle of the road, like people, if they wanted to pay to set up like a booth to sell like items that they make at home, like soaps or like anything they just make at home to sell, like as like because people have small businesses like that, but they don't have recognition or anything, and I think that would help get the word out there, and like it would help give a chance for artists to put like their artwork out there and stuff like that, and then maybe like a talent show at this little downtown thing, or like maybe where musicians they got to play that week of the month or something, and then like people could have like an arm band and bar hop and stuff, and like all the like businesses that aren't normally open at night could be open during that day, and that would be like a fun little thing for the town to just come out and everybody could congregate and like talk and like make business connections if they wanted to, and um also I just wanted to mention um so I was driving and I came across a railroad track, and I noticed it was just a light instead of a gate.

And well, um, I'm not ditzy as much anymore, but I used to be really ditzy, and I was thinking like, what if one day I was just driving and then I didn't see the light because maybe I was just I looked up or something or something, you know, just any, it could happen to anyone, and they just didn't stop, or maybe they have their music too loud and they didn't stop, and then boom, they didn't notice the train was coming and they get hit.

Like, maybe there could be a gate.

There's like places like um on Townsend right by Finnies.

I don't even know if that gas station is called Finnies anymore, but it used to be called Finnies, and there's no gate, and then right there on Zero Street, um, where the Walmart is, there's the railroad tracks, it doesn't have a gate, and then also the one right there on Phoenix by that little fast food place.

And also, um, I don't know how you guys feel about homeless or the people who are homeless.

Um, a lot of people don't have sympathy for them, but then some people do have a lot of sympathy for them.

Well, a lot of people want to house them and stuff.

Well, I just think before we house them and like do all this stuff for them.

I want that to happen for them extremely, but I also think there should be like a service where they can have like deliverance against um demonic oppression, and to where they can have like general um generational curse, curse, blood curses, bloodline curses be broken off of their life, and demonic demons, demonic forces be like broken off of them because a lot of people that are on drugs or a lot of people that are homeless aren't just military, some of them are lost, and like I was homeless one time before, a few times, but I was under demonic oppression, and I did drugs before, and I was like really hurt, and I come from a family who do drugs, and I'm the the bloodline curse breaker, and I'm changing it, and I'm praying for restoration in my family, and I know it is gonna happen, and I know like these people who are out here in these streets, like they know a lot about the Bible because I went and had Bible study with them, and they drew the holy of holies on a cardboard, and it was amazing, and I was like, wow, but a lot of people they there's people that are for God and then people who are not.

People are allowed to have free will, but a lot of things are demonic in the spiritual world world realm, but yeah, and they need to be set free.

So, yeah, that's all that I have to say.

Thank you.

Thank you.

Next we have Joe Elskin.

Okay, this coming in the beginning is scary.

Um, I just wanted to talk about the fact that I think more and more people are um aware of the mounting evidence of the health benefits of walkability, bike ability, outdoor recreation.

Um, and we're talking about mental health.

It's it's it's big there too.

So I wanted to be um supportive of the electric bike um program that's bringing 5,800 electric bikes in so that uh vouchers so that people of low income can have an opportunity to get out and travel that way.

Um awesome.

Um also I wanted to.

I know you've seen it, Northwest Arkansas, it's investment in trails, Bentonville's investment in trails, 300 acres of outdoor sanctuary, uh, 40 miles of walkability, bikeability, mountain biking trails.

I mean, these are things that are competing with our trails.

So I feel that that support should be mentioned over and over again.

Um, this ties into the uh alleyways.

I I looked at what the um western millright commercial construction situation, and I felt like oh my goodness, you're going to cancel that contract, and you're going to find another comp another uh construction company, and that terrifies me because I'm seeing well, it doesn't terrify me, but it bothers me because I'm seeing all the Facebook complaints about construction, and look, the construction in front of our house that stopped the flooding and the construction behind our house was tough, but you know, you gotta be tough.

We didn't complain, but I've been around to Facebook complaints.

I'll go look at it and say, you know what?

This is life, deal with it.

You know, construction is messy, and monitoring those people is hard.

You don't have enough manpower to be on top of it.

But I feel like uh I feel like the threat of losing that contract might solve the problem, and then we would have the alleyways done quicker because that's gonna stop the Facebook complaints if people see what an alleyway can do.

And so I feel it's really really important to uh find the right way to get these alleyways done so that people can see and yeah, you're gonna find complainers and they're gonna be loud on Facebook or in social media, and and just you know, the squeaky wheel gets the attention, but it's not necessarily a good wheel.

No, anyway, thank you, thank you for your your work.

Love you.

Next, we have Shane McKinney.

Hello again, once again, I'm here to talk to you about changing the form of government in November.

So uh we continue to gather signatures.

We're over 3,000 today.

We need two thousand six hundred and seven, just in case you're wondering, so we're well over the number that's necessary.

I'm gonna ask again.

Last time I gave you two and a half minutes, but Kevin Settle, Andre, and Jared Rego, you guys were afraid of letting the citizens choose their form of government, even though the state constitution allows it.

You've had a couple weeks to think about it now.

So maybe you can give me an answer as to why the citizens of Fort Smith shouldn't be able to exercise their right to choose the form of government.

How would that be taking away the voice of the people?

It's literally in the in the uh constitution.

So now you got nearly four minutes, a little over four minutes.

So can uh one of you answer for me.

Do you have anything further?

I'll wait.

They may have a they may get an idea before the full time is out.

I want to I want to wait.

Let them think about it.

I mean, three minutes and twenty seconds.

Maybe one of them will get the electrical signals in the brain to fire just right, and they'll think, oh, this is why I'm afraid of the citizens voting.

I think Kim's running for mayor, he's going to speak on it.

No, I I think that him wanting to abstain because he's running for mayor.

I think that's fair.

The other three, I'd like to know why they're afraid of the citizens voting in November.

You heard my motion to put it on the next one.

I did hear your motion.

I'm totally cool with you.

I'm just asking the three that didn't allow us to have it next time.

I want to get it in the open before that vote happens.

Okay.

Shane, how many signatures you got?

Over three thousand that are out today.

Um how many are you planning to get?

Uh we'll continue to get them until we have the number that we feel like is overwhelming, but that's already over almost four.

We're over four hundred more than the number we need.

So you could turn them in today.

We could turn them in in any day, any day, but we're gonna wait until it's politically opportune.

Good point, mail, sir.

Yep.

I mean, yeah, well, it doesn't change the fact that these people aren't willing to give the citizens a vote.

For whatever reason, they aren't willing, and I'd like to know the reasons.

Why are you afraid of the citizens voting in November when it's literally in the Constitution of Arkansas that this is a thing that could be done?

What's the fear of the citizens?

No, I just want these three.

Shane, I would say I'm running for mayor, and I voted for it.

Feels like a bit of a double standard between me and Kemp.

Okay, I'll let Lee Kemp answer if he wants to.

It's been awesome.

Thank you.

I sure appreciate it.

Thank you.

Of course.

Yeah.

Uh, one, as the state constitution outlines, you're actually pursuing.

I think it's a great thing that you're using those rights.

I actually questioned this form of government in January of 25.

And the board sat here and didn't talk about it at all.

So I took action to learn as a city director.

What should we be doing in the current form of government to continue to move forward progress?

So what I did was start attending Arkansas Municipal League conferences, learning about it, seeing what I can do.

And then from there, we began a search for city administrator.

Currently, the board has agreed to a national search firm within a contract of 33,500 bucks.

Which is an opportunity then that I think needs to be fully extended and completely done, which is why they can why can't both exist at the same time?

Why can't the board do its due diligence to serve the people as it's been elected to do, and then you do the due diligence of putting it on the ballot?

Okay.

Why can't why can't you put it on the ballot while you're doing the search?

That would be a lot cleaner than me turning in 4,000 signatures right in the middle of this interview.

Our time's expired.

Good conversation.

Thank you.

We need to resign this.

Next we have Carl Nevin.

Good evening, administration and board of directors.

And mayor, excuse me, Mayor McGill.

Okay.

Tonight I want to talk about mayor form of government.

I want to address the whole board.

Do not settle for less.

A few weeks ago, there was a three to three vote with one abstain.

I would have voted for it.

The citizens deserve to have this issue settled.

I challenge the board to vote unanimously to add this to the agenda tonight.

I know George has uh postponed it till uh I think two weeks and get this issue settled.

Thank you.

Next we have Patrick McGuire.

Good evening.

For months now we've been hearing about the financial difficulties the city has with regards to the consent decree, and the actions that have been taken, such as increasing our water and sewer rates, or decreasing the budgets from the police and the fire department.

Recently I came across a statement by Congressman Wolmack, our Congressman.

He listed uh he had just submitted a um bill to his committee, it has since come out of committee, it will go to the floor of the house for a vote, and in all probability it will pass.

Excuse me.

He provided the details of the um allocations of all these this money that they're giving away.

I went through it.

There's a lot of uh expenditure on roads, bridges, you know, that type thing, but I also found six hundred and seventy-five thousand dollars to the city of Lincoln for water system improvements, five million to the city of Dyer for water system improvements, six million to Madison County for water system improvements, six point eight million to the city of Green Forest for water service improvements, nine million to the city of Cave Springs for water service improvements, and twelve million to the city of Gentry for water system improvements.

I read this, and the first thing that came to my mind is why the hell isn't Port Smith on this list?

Mr.

McGuire, we have gotten 12 million.

We have gotten 12 million for water from Senator Bozeman.

And we're we've applied for another 12 million.

We've got another 13 million on the agenda tonight for uh requesting uh grant dollars uh to support the um the F 35 mission at the at Ebbing.

So, I mean, we're we're we're going after these things.

It just uh depends on you know which senator or Congressman we go after.

Well, the Senate is on the receiving end of the expenditure bills.

Those have to be initiated in the House, and uh Senator, excuse me, Congressman Walmack is the chairman of the committee that draws up the appropriations.

So Senator Bozeman doing something really isn't all that effective.

I mean he's gotten us 12 million dollars.

I mean it's I think that's higher than uh anything you mentioned.

We've got to clear the house first.

We've received it.

We've received 12 million dollars.

So then we're not having a uh financial problem anymore.

So no, we we have um water that we need to pay for.

We have sewer that we need to pay for.

Um we've gotten various dollars from those folks.

I mean, we're we're trying to get every dollar we can.

Um, so I mean, whether whether it comes from this, it's not every dollar.

We're I mean, we're I know we've got uh somebody that is uh reaching out to all of our uh our congressmen, any federal dollars we can get, any grant dollars we can get.

We're trying to to do everything we can to get dollars to help fund our sewer and fund.

Well, from what I'm seeing on this this uh bill by uh Congressman Womack and what you have just said, your efforts are going in the wrong direction because it's Womack's committee that creates these bills to begin with, and then it goes to the House floor and then it goes to the Senate.

So all the efforts that are being made so far apparently aren't going in the right direction.

My conclusion on this matter is very simple.

Because of this and other matters, I approve of a change in leadership because I don't think we're getting the representation we need as a city.

We need people that will worry about our interest before everything else, and I don't see that we're getting it.

So for that reason, I am going to be doing everything I can to make sure that we do get that change in government.

Next we have Kristen Conley.

Excuse me, Madam Clerk.

Uh Mr.

Dingley.

Just in just a few comments related to Mr.

McGuire's comments.

Yes, there is a program through the U.S.

House of Representatives to advance programs such as this, but there is also a separate program that initiates from the Senate side of things.

We did make application to Congressman Womack's office uh for water system improvements.

Our project was not advanced through the through the mechanism that you mentioned, and apparently saw some um some publicity on.

We do have uh a project that is currently going through uh and is supported by Senator Bozeman's office for a water uh utilities project.

And we have received as as Director Martin mentioned in the past funding for uh water transmission line uh improvements.

Now that is it's an incremental amount.

I mean, in terms of the size of that overall project, but uh but as director martin mentioned, we we continually uh seek for uh especially federal resources to add to our infrastructure uh improvement needs.

Thank you.

Okay, thank you, madam clerk.

Next we have Kristen Conley.

Hello.

My name is Kristen Conley.

I am the program director of every view hope campus, and I'm here to discuss a conversation that happened about a month ago.

Um on May 19th, uh 2026, Dakota Palmer and Director Martin discussed drop-offs and possible insurance fraud being made at Hope Campus.

Um Director Martin stated that there's enough smoke here that there's a fire, we've got to get this under control.

Director Martin, you said that we as a community have got to be more forceful about this situation.

You said that it doesn't even take into account the insurance part of this, which all of us are having to pay.

Joy McCutcheon said that he didn't know why we're not in touch with Hot Springs, Oklahoma City, or Conway, the people where the supposed bus loads are coming from.

He stated that this is a massive problem and we need it solved.

There was even a threat to get the feds involved.

When I saw the video of the discussion on May 19th, my heart sank.

I joined Riverview Hope Campus as a case manager in June of 2025.

The minute that I stepped foot into the campus, I fell in love.

I truly feel that providing supportive services to individuals experiencing homelessness through a holistic approach at Hope Campus is my purpose in life.

So when I saw the video on May 19th, I couldn't figure out how such speculation could be deemed so appropriate when every staff member at Hope Campus is so transparent and solid in their work.

But then it dawned on me.

Forgive me, but I don't recollect ever meeting any of you gentlemen at the campus.

I've met people from many churches.

I've met volunteers who enjoy serving our clients.

I've met therapists, I've met Chief Baker and a few wonderful police officers.

One time I had a strongly worded discussion with a certain firefighter regarding a client.

However, I don't believe I've met any of you who choose to speak these accusations toward Hope Campus.

So I'm inviting you to come to Hope Campus.

I'm inviting you to see where we work in transparency and genuine care for our clients.

I'm inviting you to come and take a tour of our facility and see what it is that we do at the campus.

You can come and visit with myself or our executive director, Casey Wilson.

You will see that we do not commit insurance fraud.

In fact, we enroll our clients up for health benefits through access.arkans.gov.

I'd love to show you our drop-off data, which is mainly made by the Fort Smith Police Department, Valley Behavioral Health, or hospitals in the area.

I'd love to show you how good our relationships are with these organizations and how our communication maintains a certain consistency across the board with them.

In fact, Corporal Solis and a couple of other officers came to Hope Campus last week in an effort to educate our population about law enforcement.

I'd be proud to show you that in just this year, we've helped 21 people gain employment and have helped 23 people transition out of homelessness.

Please understand that this is not an attack on any person that I have mentioned.

If anything, my concern is that you don't know what goes on behind the front lobby door at Riverview Hope Campus, and I would love to show you.

We have an open house on the first Tuesday of every month from 4 p.m.

to 6 p.m.

If you can't make that time, please feel free to drop by any time and ask for Casey or Miss Kay.

We will be proud and honored to find resolution to this concern as a community, allowing each other to be a part of the promise that Riverview Hope Campus is and has been to those facing such complex tragedies.

Thank you for your time, and I look forward to building a stronger community with all of you.

Next, we have Eric Wideman.

Good evening, everyone.

Wow, look at this crowd.

Thanks for being here, you guys.

If that's not a statement to how uh must be wanted to get something done here, and uh good evening.

Uh so uh it's kind of funny how my topic uh relates to some of the things that's been said already.

So uh let me get back to the top here.

Ladies and gentlemen, today I want to talk about something we rarely connect out loud.

How political failures can damage the mental health of entire communities.

Because when leadership breaks down, people break down too.

Lack of leadership.

When politicians fail to lead, they don't just create confusion, they create instability, and instability forces people to live in a constant state of uncertainty.

Uncertainty fuels anxiety, fear, and hopelessness.

The lack of transparency when leaders hide information, avoid honest conversations, or make decisions behind closed doors.

People begin to feel powerless.

Powerlessness creates stress that never goes away because you can't prepare for what you're not allowed to see.

The lack of accountability, when mistakes happen, and they always do, especially around here.

But no one takes responsibility.

That sends a powerful message.

Your experience doesn't matter.

That message deepens frustration, anger, and emotional exhaustion.

Not listening to citizens, but the most damaging failure is this when politicians stop listening, when community voices are ignored, when concerns are brushed aside, when live experiences are treated as inconveniences.

People begin to feel invisible, and feeling invisible is one of the most harmful emotions, emotional experiences a person can endure.

It leads to depression, at leads to isolation, it leads to people disconnecting from the very community they belong to.

And then they want to move.

These failures don't just create bad policy, they create chronic stress, they create emotional strain, they create a mental health crisis.

Not for one person, but for entire neighborhoods.

The hope.

Thank you.

Next we have Sarah Harrison.

Good evening.

I'd like to start by saying something that may surprise some people because I've advocated for the petition to change the government since the beginning.

I understand why four people of this board did not place the form of government question on the ballot.

And I don't disagree with that principle behind that decision.

This question belongs to the people.

It should be decided by the citizens of Fort Smith.

So tonight I'm here to remind you that you are citizens of Fort Smith.

And that is exactly what this petition is all about.

It's not a vote for a strong mayor system.

It's not a vote against the current system.

It is simply a request to let the people of Fort Smith decide for themselves.

As volunteers collect signatures, we've heard concerns about city employees and whether they can participate.

And we all understand the law.

No one is asking our dedicated city staff to engage in politics while on the clock or while using city resources.

But when the workday ends, public employees are still residents of Fort Smith.

Working for the city does not make you any less a neighbor, and it should not take away your voice.

The reason each of you serves this city today is because at one point you cared enough about Fort Smith to step forward and help lead it.

To those who voted no or didn't vote at all, tonight I'm not speaking to you as elected officials.

I'm speaking to you as neighbors.

We've shared conversations, coffee, lunches, community events, and most importantly, a common love for this city.

So I want to ask a simple rhetorical question.

When the gavel falls tonight, and we walk into the lobby, and the titles and official roles fade away.

As individual residents of Fort Smith, will you sign the petition and trust that your neighbors can make the final decision?

Because I believe this.

If we truly believe government derives its authority from the people, then we should never be afraid to let the people speak.

I'll have the petition pages ready in the lobby afterwards.

Thank you for your time.

Next we have Jason Skirbitz.

Good evening.

Sounds pretty good.

Thank you, Sarah.

And everybody else who's already gone before me.

When is enough going to be enough for you people to realize that people in this city have had enough, had enough of no transparency, had enough of no accountability, had enough of people sitting up there, and at best not paying attention, at worst, not given a flying fill in the blank.

When's it gonna be enough?

They've had enough.

They're used to just barely getting by, worrying about getting by their daily lives, not worrying about having to constantly oversee whether you guys are doing your damn jobs or not.

Because after all, yeah, it's only part-time, but it's still your job that you voluntarily ran for, asked for, sought our vote for, to represent us, and unfortunately, too many people put most of y'all up there, so we're stuck with you for now.

And I've said this before, the ones I do support know who you are, and the rest of you know who you are, too.

There are so many incredibly ludicrous issues and failures going on in this town, they're too numerous to list right now.

I don't know how many of you pay attention to the local forums and social media outlets that a lot of us are engaged in.

If you don't, well you damn well should, because people are fed up.

And your days are numbered.

That's right.

Next we have Stephen Cox.

Good evening, people.

Fort Smith.

I'm Steven.

So my topic today, I want to talk about data centers, big topic right now across America.

Haven't really heard anything here, so that's good.

Hope to keep it that way.

But uh just hearing a lot of stories about uh cities getting steamrolled.

You know, the people want it one way, and then you know, government and money comes in to steamrolls them, and uh I don't like the sound of that.

So I'm just here to bring awareness to the topic.

I want to get people talking about it first, you know, regardless of whatever happens on a city level.

I want people talking about this in case it ever comes here.

That way, you know, we don't just get blindsided by it.

And uh, I was told to look up Fayeville, what they're doing, and uh I looked into that, and whatever they have in place or whatever they're talking about just looks like they're putting like a framework in.

Like, hey, you can have one under these conditions, it has to be in this area.

Um you can only use this much uh amount of water, so it kind of looks like they're just giving them a way to like, you know, fit it into that frame.

At least that's my perception.

I could be wrong about that.

But uh my main thing here today, I just want to get people talking about it, people aware of it.

And once everybody's educated on the topic, I want whether or not we get one if it ever comes here to reflect the will of the people.

Second topic, uh trails.

I do hope we get that done.

That's like the opposite, you know, nature.

I think that's good for everybody, it's gonna be good for our mental health, good for fitness.

So I hope that happens.

And uh, last thing here, anybody here ever read five dysfunctions of a team?

I'm sure somebody has so there's like a chapter in there.

Uh I'm just paraphrasing, I haven't read this book in like 10 years.

But uh, what causes resentment in people and anger and not being able to let go, it's not so much uh disagreement or you know, you propose something and it doesn't happen that way.

It's whenever people feel like uh they weren't understood that they weren't heard and they get steamrolled.

That's what causes resentment.

So that's all I got.

Thank you.

Appreciate it.

Next we have Dan Williams.

Good evening, board.

Um, again, I thank you for allowing the citizens, this citizens form five minutes.

And so I just want to bring up uh several months ago.

I uh was able to do some working on the first three months of our spending, and uh Lee brought up the Municipal League.

Uh I'm just wondering does anybody know how much we pay them uh to uh uh each year?

Does anybody on the board know how much we pay them?

There, Dan, it's in our budget.

I don't recall off the top of my head, but it's it's in our budget.

There's some dues and things associated with that.

It's over 30,000.

Okay.

40,000.

Well, in February, we wrote a check for 2.6 million dollars.

Well, they cover our police and five, the uh vehicle and property insurance, okay.

And they also include our defense funds that we do there, so we get a very so is that what that came out of?

I don't know what that was there.

Well, I was just wondering because I had an email, and that was one of the anomalies that I saw, and I still hadn't got a response on that.

I believe that much is going to be your I just figured if someone spent 2.6 million dollars out of your checkbook, you would probably know.

And so my point is is that when the citizens go to the ballot, we're not giving you a blank check.

Okay, you're to treat the resources with stewardship and accountability and transparency.

You're supposed to know where things go, and if I ask the question, you should have some kind of idea, and I appreciate uh Mr.

Settle, you having some kind of idea, but really none of you know, and I think that's a problem.

And we as citizens, we're gonna hold y'all accountable.

We're looking at things, we want to understand things.

We actually want to work with you, not against you.

But some of y'all feel like we're working against you.

I believe you're lying to yourself, and us.

Public office is a proxy, you hold a seat because someone put you here.

Families, small business owners, people in this neighborhood.

They believed in you, and we have lost trust.

We have lost hope.

And lately, I believe citizens, and y'all can see that have decided they're gonna take a stand and we're not gonna back down.

We're here to be communicated to like people with intelligence and to understand that the decisions you make and either bring trust back to this city or you need to leave your position.

And if you decide you're gonna stay, I'm pretty sure you're gonna leave anyway.

Um the public is ready to get people that are willing to communicate and willing to be.

I think the young man that stood up here said five dysfunctions of the team.

I think he hit the nail on the head.

A lot of us feel like we haven't been hurt.

I've been coming for three years, you really don't know me.

And the reason why is you don't really care to know me.

And that's okay.

Exactly.

And that's fine, but you're gonna get to know me one way or another.

Okay, and I believe that uh change is here.

I care about transparency.

I I tell I care about how you spend not just the money that I pay to the city, but the money that they pay too.

And it's important to be uh accountable to it.

Hundreds of citizens have shown up.

We've signed petitions.

We we're gonna continue to get them signed.

You've already heard tonight.

It's already been I appreciate George putting it on.

I appreciate the second.

I believe that uh that it's gonna get voted on.

Um, I believe you can uh give us a little bit of trust back if you decide to vote on that and put it on there.

I think that's uh going in the right direction.

I believe the AG has given y'all the report on it.

Y'all have seen it, we've seen it, and we know that it's time for change.

We want we want to work with you, and I believe I believe there's a lot of citizens here tonight that are resilient that are actually for this city, and I believe there's change that's coming.

So thank you.

Next, we have Chris Cadelli.

Uh good evening, board, and uh also would like to thank you all for this opportunity to uh participate in local government.

I'd like to thank Mr.

Kitsavis, Director Kitsavis for uh putting this this uh change of government up for another vote and Christina Katzavas for seconding it.

I appreciate your leadership, your ability to recognize all the work that's going on from uh some really great people that uh are investing time energy, you know, in this effort.

So I I really appreciate that.

I hope that um the rest of the board um recognizes that too, and I hope that maybe hearts have changed a little bit, and uh you'll view this as an a second opportunity to to uh to hear the people and uh send this to the folks.

Let the folks make this decision.

I mean, you know, uh it may go our way, it may go your way, whichever way it goes, that's fine.

Let the people decide.

Um I would like to um let's let's let's let's have another uh another board vote on whether or not they trust the citizens of Fort Smith enough to allow the voters to decide if it's time for a change in the way we are governed.

Let's see if there's a majority on this board that recognizes the undeniable interest in the proposal.

Let's see if we can find at least four directors who will say let's send this to the voters for the final say on this matter.

The petition drive has been very public.

Signatures have piled up.

Um the public comments here at the board meetings have all have almost been unanimous in favor of placing this on the ballot.

I think we've had one gentleman that came to oppose it, you know.

He's someone that's you know, apparently he's uh benefited from the status quo.

Um I haven't seen anyone else here, you know.

What you know, where's all the opposition?

You know, we've heard directors say that they hear you know they don't they get all this opposition, but nobody shows up except the folks that are for it.

Um so I find that interesting to say the least.

Uh so I would just you know, once again ask um vote this, send it to the people and let us decide.

Thank you.

Thanks.

We have Crystal Cadelli.

Good evening, board, and I want to thank you again for giving the citizens five minutes.

Um, I want everyone on this board to ask themselves, why do you serve?

I leave here every single week, really thinking for the majority of you.

Why are they serving?

They don't seem to have the citizens' best interest at heart, and I understand that it's a part-time job.

I understand that you have full-time jobs, you have families, you have sick children, you have things going on in your lives, but you signed up for the job and you knew what you were getting into.

There are many of us that come every single week that get paid nothing, that do more research than most of you up there, that know what's going on in our city more than you do.

Fort Smith is at a crossroads, and the challenges we face are going to take every ounce of this board's attention.

It is mind-boggling how fast that this board forgets what state our economy is in and the crisis that we face.

We have 800 million dollars in consent decree work that still needs to be done within 10 years.

Everyone thinks the tax reallocation and the bonds are going to take care of it, and we know that's not the case.

Without it, if it breaks, our city's gonna be without water.

How do you explain that to the residents and the businesses?

I can tell you there will be a mass exodus out of this city.

We are now facing the EV charging stations and the alleyway grant funds, are going south.

We've had to fire the contractor because of the quality of work.

Is this gonna cost us more money?

The EV charging company has backed out of their contract, and now they want to put eight more charging stations, which means more for us to maintain, and when they're no longer a thing, we have to pay to remove them and dispose of them, and now we're looking at the Bass Reeves loop.

Well, it's no longer a loop, it's a straight that's going right through ACME Brick.

Very convenient since there's a lot of people that want to ACME Brick Park.

Um top of the seven million dollars that we have to come up with if it stays within that budget, and I want to also bring up that citizens are receiving survey calls from a nuclear waste facility, survey company, and before the board says we have an ordinance prevent this from happening.

Do we have you looked at the verbiage and the ordinance?

Is it very specific?

I think it is very specific, and I would encourage every single one of you to look up Act 259 and maybe speak to Jeff about the ordinance.

Look at the audience tonight.

I'm so ecstatic.

Look at this.

There's so many citizens that want their voices heard, and I'm so glad they're here.

Whether they agree with me or they oppose me, they're here, and that should say something to all of you up there, and I think that it's very important that you let the people have their voice, and that you let the change of government go to the ballot.

That's the least that you can do.

Is gonna give us any funding because we are not good stewards with our finances.

So until we can start making good decisions, then we are going to be stuck with no growth, and the city is gonna die.

Thank you.

Next we have Raymond Taylor.

Raymond Taylor.

Good evening, uh mayor, board of directors, uh, people in the audience.

That's my first time getting up here.

I'm more of a one-on-one person, but I don't understand all the bashing.

We don't need all the bashing here that's going on.

If the people want a change of government, what you do is you get enough signatures and they put it on about.

We don't have to ask permission.

We put it on about.

That's the American way.

That's how we do things.

We don't do things by mob.

Now, I'd like to see you guys, we ought to look at Fort Smith as a business, as a business.

We should look at things as a business.

For example, I heard many things about the RV park, and I had to decide.

Well, let me go down here and find out what this RB park is, everybody's talking about.

Now, I don't I don't know all the big downtown dudes, as Joey always keeps talking about, but I guess Mr.

Griffin is his name.

Now, there would be no problem at all if Mr.

Griffin created a business down there, wonderful construction of futuristic building, and he pulled 5,000 people or 500 people.

We as a city probably wouldn't have a problem spending two million dollars to extend the sewage.

But now, see, is that a good business decision?

We don't we need to look at the way we run Fort Smith as a business.

Would a business go and extend uh, you know, and spend money to not get a return back.

Now, an RV park, I'm not sure if that's the probably the greatest thing to look at.

Now, like I said, if he created a business, we probably would be happy about that.

Now, I see some of the waste.

I've been here 32 years, and some of the waste, and and I have to like take some responsibility as a as a as a uh citizen here in Fort Smith.

Guess what?

My bill was $60 for quite a few years until it increased.

What it should have been doing was increasing.

But see, the problem is we look at motions instead of business-wise.

For another good example, the House of Dolls.

You know, we use our emotions instead of listening to the city attorney saying to you guys, hey, that wasn't petitioned for it's for a business.

We need to probably allow them to open up, right?

And we're in the curse, you guys voted against it because we use our emotions again.

We do not want to have a strip club by a church.

Well, guess what?

It cost us 400,000 dollars plus their attorney's fees because of that decision.

Now, the people spoke.

The people here in Fort Smith didn't want a house of dolls, if I'm I'm sorry, but here, um, we didn't want it, so it's gone.

It was gone.

So the most money that these this club ever made was from being sued for you know, that's the taxpayers' money.

That's what they made.

So it's important to listen to the people, and I get that.

I don't like all this bashing that's going on.

That's not right at all.

The call people names and all that.

That's that's beyond me.

That's not the way we should be running a city.

Um, I'm about business people.

I mean, I feel like okay, we get emotional about having to look at seven firemen.

Here, here's what I like to see.

I get more emotional when when whirlpool closed and they close down 40, 4600 employees.

That's what I'm getting emotional about because guess what?

When we have businesses that come here, we probably wouldn't have a financial problem.

Now, I also want to challenge like I I like to get more into the federal government, but I challenge my my congressman, and I called him up and said, hey, why don't you look at helping us help here people in Fort Smith to give us a break on all these little fines that we're getting from the EPA?

And I challenge all the people here to call that the congressman senator and say, hey, why don't you get involved in our city and help us help the America help us citizens out and make another uh making it a better city?

And like like I said, I I've been around a lot, and I think it's still a great city.

We got some great water.

I've seen some of the best uh libraries that we have around here.

Now people can laugh, that's all they want.

But like I said, bashing is not gonna get us nowhere.

Okay, I mean, I could sit up here and bash people left and right, but that's not gonna get us anything.

We think it's a business.

Look at look at this as a business and not and and not emotional, and it's any kind of decisions we make about spending money.

Let's look at that as a business.

Thank you for your time.

Next we have Joey McCutcheon.

Good evening.

Joey McCutcheon Fort Smith.

Um all we're asking you to do is put this on the ballot.

Um you know our state motto, Lee.

Regnant populace, the people rule.

Okay, and that's an important concept, and Arkansas's taking it to heart.

They gave us the ability to petition.

They gave us FOIA laws.

By the way, Director Settle, the Municipal League is no friend of this city's rights.

Okay.

I've fought them for years on the Freedom of Information Act, tooth and nails, where they're trying to take away our rights.

So Director Martin, uh, look, 12 million dollars is a drop in the Andre Good bucket.

12 million dollars will not, the line, the line and the plan.

100% agree.

You're exactly right.

100% agree.

Who's gonna pay for that, Director Good?

It's these people in this room who's gonna pay for that.

Yet you don't want to have that discussion.

You all will hear your your director, your your director say there's a potential crisis out here, and you all will not address the problem.

But I did talk to Lavon Morton, and he says he has an ex he has a solution for how we're gonna pay for it.

Well, it's gonna be on our backs one day.

It's an important point.

We have defective water meters, we have a multi-million dollar problem there.

Um Fayetteville, as Steven said, uh, they're looking ahead at the data centers.

Uh you all should have been talking to your state representatives who passed a bill that's gonna force this down the citizens of Fort Smith's throat at one point.

Um, a police precinct you bought that now needs a multi-million dollar fix.

Um, when we do have 3,000 signatures, Neil, and and I invite anyone on this board come by my office, we'll put it on my table, and you can count every one of them.

We have 3,000 signatures, but I understand, because I've been through the process on a state level, and I've been through it on local levels also.

I understand what happens here, Director Good.

Uh there will be a lawsuit brought, another delay tactic, like the one Director Settle did the other night when he when he said, we just don't have all the facts, Kobe.

Um, you know, you should have vetted the AG.

Well, now we vetted the AG, Kevin, right?

We've got your answers.

Now we're gonna have a vote in two weeks.

It was a three-three tie, it was a rigged vote.

You know, we knew when when director good had to miss the meeting, you needed your second to put the November of 27 on because you're all for the you're all for the people, you're all for the the change of government, but you two had to create the November 27 because you knew you couldn't get the votes, and then the three here, uh Martin and the two Cat Savices, they couldn't get their votes.

Uh so it ends up a three-three tie with the top in it all was Director Settle, uh, who abstained.

So, what I want's a little transparency.

Not one of you will say, where do you stand on this?

Do you do you support a change in government?

Why won't you talk about that with us?

I mean, you sit up like you sit up here like we're the problem.

We are not the problem.

You know, you've been so focused on e-bikes and bikeability and walkability.

Uh we've lost focus.

Remember, remember the 100 million dollar grant that we combined with that we're doing now uh with the e stations that you all didn't even know that your city administrator had had entered into, and I sued you over it, and then you retroactively approved that decision.

You understand, Neil.

And not to fault you, Jeff Dingman, but you've got one foot in and one foot out.

You applied, and and don't don't be disingenuous, Director Kemp.

Come on.

In February, the only reason that you did you paid $32,000 for a search firm was because Jeff was a finalist in in independence.

And what were we gonna do if Jeff got that job?

I wish you the best.

But this this is a city, this is a city without a rudder.

We've got homeless issues.

We've got illegal spending by the mayor that the audit just became finalized.

Unconstitutional spending, and we're not finished.

I want to know where when you gave the money to X, where's we're looking into now what X spent that money on?

Uh teeth.

Uh what did what did X spend that money on?

So that's a problem, and not one member of this board will say let's do an internal audit on how much money was spent unconstitutionally.

Not one of you will do that.

And it's an important issue because we are in a crisis situation.

Um, but Director Settle, I'm asking you, either man up, I mean vote for or against.

Thank you.

Uh you'll be the you'll be the deciding vote.

Thank you.

No, I think I've had my time.

Stop interrupting them.

Next, we have Stephen Sharum.

Mr.

Mayor, members of the board, my name's Steve Sharon.

Uh live on Riverland Drive here in Fort Smith, but born and reared here, 77 years old, and I'm here in support of the uh form of government that we have.

And uh, remember Mr.

Cadelli indicated, mentioned about a few weeks ago.

I think he was referring to Phil White, was up here advocating on behalf of the uh city administrator former government, he was afraid that he was gonna get attacked in the bag.

Bottom line, uh I've heard for um a number of weeks and have appeared and uh came to the board meetings and heard all of the objections, and I'm I'm just here to uh advocate on behalf of our current uh form of government, it's a good form of government.

And I'd like to uh point out a few things, these are ballpark numbers, but uh Little Rock has a population of 200 plus thousand people.

Uh Fedville is 94,000 plus, and they've nudged us out as being the second largest city in the state uh number of years ago, we're at approximately 90,000.

The point being is that Little Rock has a budget of 300 plus million dollars, Fedville, the second largest city currently in the state, has a budget of uh 27 million dollars.

Fort Smith, third largest city currently, not pretty close.

We have a 300 million dollar budget right at where Little Rock is.

We have uh half the number of people in the population here paying for uh about the same budget amount, but we're getting benefits of that, and contrary to a lot of what has been said tonight and over the uh last number of weeks.

Uh I appreciate our city directors.

I think you all have done a marvelous job.

It's hard work.

You all uh pay attention to the issues, and if any one of these people had a complaint, they can uh call one of you and talk about it.

And I'm confident, I'm absolutely confident you all will address their issues.

Joey McCutcheon's been a friend of mine for years, and I know I appreciate his advocacy, particularly on transparency and uh, but believe me, if our current former government stays that it is, he's gonna be right there advocating on behalf of the citizens, and I appreciate that.

But that's no reason to change the form of government.

The other issue that's important that gets swept under the carpet is the city attorney position that will become an elected position if this uh form of government changes is has been advocated, and that is a terrible, terrible mistake.

Uh Daline Woods has been the city attorney for years.

Jerry Canfield, as you all are well aware, uh has been the uh attorney for 50 plus years.

Representing Darling Woods, and Colby is coming in right behind him learning uh uh that the information, but the institutional knowledge that law firm has on behalf of the city is invaluable.

And now the position that gets swept under the carpet uh is now we want to elect a city attorney.

Anyone can jump up there, and we'll totally lose all the institutional knowledge that's so valuable.

Now I practice law here in this city for 52 years, retired uh a year ago, January.

A lot of clients.

Uh Mr.

and Mrs.

Cadelli, I've represented them, I've represented a number of people that spoke, and although we have differences of opinion, and I value their opinion, I value George, it's been my director for years, and I'll continue to support him, uh, although we have a difference of opinion about this.

Thank you very much.

I'm telling you, thank you.

Changing the form of government is an absolute mistake.

Okay, thank you, please don't do it.

And for you directors who are hanging tough in there, thank you.

Hang in there.

Thank you.

I appreciate your vote.

Next we have Jacqueline Hooper.

Interrupt him too when he's talking past.

Hey, Mayor, I I did want to add because I've I've heard this multiple times about the 300 million dollar budget.

Our adopted budget for 2026 was around 165 million.

If you look at all the funds and the projected revenues versus what our funds are, I think that was incorrectly reported.

Um, so just for clarity, our our operating budget's around 165, 166 million.

Thank you.

That's just operations.

Okay, Jeff, what is it?

Tell us.

That's that is the operating number.

I think 167 million.

Does that include capital improvement?

That does not, but the no that's 300 million dollars.

The operating budget.

I know, okay.

Thank you.

Hello.

Good evening again.

I'm not shaking this time.

Are you guys so proud of me?

So I I would like to pull that mic down.

Thank you.

Now you can hear me.

Okay, good.

I said I'm not shaking this time.

Anyways, good evening.

Um, obviously, everyone's already said what I want to say, except for the two people who obviously paid to be here tonight.

So that let that be known if that's clear.

Well, it was a weird way to let the world know you sit down to pee.

There's that.

Okay, so with that being said, if the city attorney is doing such a great job, he can be elected and like run for office.

If that's if that's a I don't know you, but I don't see why that's an issue.

Um I would like to, I did challenge three of you.

I know you've seen it on Facebook, um, to get some signatures.

So I just wanted to offer you guys, I brought you pages that you can take and get signatures for us also.

That'd be super great.

I'll start you out with two and tell you how to do it.

Like the legal things that have to be said, if you wouldn't mind.

Uh, Miss Katzavis, Mr.

Katzavis, Mr.

Martin.

And also, if you guys want to sign it, I have them right here.

Sarah said she'll do it outside.

I'll do it.

We can do it now.

Will you sign it, Rico?

Why not?

Yeah.

Keep it short, because I only have five minutes.

I don't wish to sign the petition this evening.

Thank you.

Oh, okay, coward.

Uh, Mr.

Good.

Why not?

I'm in the restaurant.

Okay.

No answer?

Okay, cool.

Yeah, uh, camp, I already know.

Camp is a wimp.

We know.

Okay.

Now I'm the one calling names, and that's fine.

I'm gonna I want to express something to you guys that a lot of people don't know.

And um, the reason that you don't know it is because I'm not very vocal about it, even though it's been clear to the to me that the world has seen me on Facebook showing my character.

Uh I was told at church on Sunday after I was baptized that my whole church saw my behavior on the internet.

And that is okay with me because well, repentance.

Glad you got baptized.

Thank you.

That's great.

Um, what I would like to tell you is this is something I'm not very public about, but it is very important.

The police department saying that um crime rate is down.

That is not true.

I did just get a letter.

I will send it to you privately when I did an internal investigation for like ask for an internal investigation to be done on a situation.

Uh they said nothing occurred, and that basically I'm a liar.

So I'll be sending that to you guys.

Um I would also like to just publicly say this this part.

Um, I live with something that the reason I moved to Fort Smith, uh, because the crisis intervention is here in the PD.

I'm sure you guys are all aware of that.

There's a vulnerable person database.

I am in that vulnerable person database.

Let me explain to you real quick why.

This is the first time I'm ever going to publicly speak on this in a true form.

Um, so I live with what's called a disassociative identity disorder.

It's also known as DID.

I also have complex or chronic PTSD.

These are trauma related conditions that affect how a person processes stress, memory, and safety.

I would I also want to acknowledge that I have an experience experiencing suicidal thoughts since Sunday night.

It took everything in me to get up out of my bed to be here.

Thank you for Eric for for calling me all day.

But I feel that it's important that you know this, because I cannot stand the fact that I want to take my own life because my rapist is still harassing me, and the police are doing nothing, and then I got a letter stating that I'm a liar.

Not about my rape, but about him harassing me, him driving on without a license, the cops seeing him do it.

He called at 2 30 in the morning to my neighbor yesterday.

I'm not gonna call the police anymore because it does no good.

When people spoke about people wanting to move, Eric just spoke about that.

I want to move from the city now where I wanted to move to feel safe.

I no longer feel saved.

Vote on the petition, or we will recall your seats.

Next we have Mikaila Gaffney.

Before I begin speaking and having the time go, can we just give it a moment of silence for the things that she is experiencing?

There is a lot of heaviness with that.

And I'm going to actually open up about my own thing.

I also have disassociative identity disorder.

And the loss of time that you experience with that.

And the lack of memory is one of the most difficult things that anyone could ever experience.

So I just want to give her a moment to show how brave it actually was for her to share that, because anyone with that disorder is constantly looked at as if they are crazy.

When they truly have no coherence over what is happening, I am lucky enough to have been able to develop it.

Not everyone is.

My personal votes on the line for your vote.

All of not my votes, but my personal signatures on the line for one of your votes.

No.

Oh, okay.

I'm gonna add to that proposition.

I am currently a business owner, and I work directly with leadership, sovereignty, and coherence.

That program cost more than what you guys make here for eight months.

I would be willing to give every single one of you that program for free.

And work with you guys directly one on one if one of you would debate me.

I have two minutes left.

You guys only make $15,000 a year.

I'm sorry.

$15,000 a year here.

Kevin.

Do you feel like you need some emotional clarity?

Because I do.

And I'm not trying to put you guys down or act like everybody else in this room, but the behavior is a little bit weird.

Are you guys afraid to talk to a woman?

Is that what that is?

Andre?

Lee.

Jared?

I know.

It's not about pathetic.

It's about the fact that we have a title.

It's a title.

Kevin, you're a manager.

Somewhere.

This is something that has to do with your guys' ego.

It has nothing to do with service.

You being a manager somewhere, this gives you a title.

The lack of purpose, the lack of internal sovereignty, the lack of coherence, it shows.

This is the thing that I do.

This is what I believe in.

Okay.

Well, I appreciate your guys' silence.

I'm going to go ahead and not waste my time.

There is a very significant issue happening inside of the school districts right now where they have lost four million dollars.

Are any of you guys aware of that?

This is related to the Peak Innovation Center.

I am not sure directly what it's related to.

I spoke directly with a school principal today, actually, and she asked about it with me specifically.

And what this is regarded to is the schools in this city are lost four million dollars because of students moving out of the school districts.

Yes, I think some going to private school, things like that.

Yeah.

The Learn the Learns Act, I think Future Fort Smith.

Yeah, the Learns Act.

Yes.

The legislature passed, yeah.

Okay.

Thank you.

Thank you very much.

Thank you.

I just wanted to bring that up.

I have 10 seconds left, I believe.

Maybe oh, actually, it's counting back up.

I apologize.

But I wanted to go ahead and bring that up because there is a lot of students right now suffering.

And there are a lot of the demographics out here that do not have running water.

They do not have food.

They don't have nutrition.

And all of the people within the service community, people, the teachers, they're all serving.

Okay.

Thank you.

Thank you.

Next we have Patrick Feit.

Good evening.

Am I close enough to the mic?

My name's Patrick Fight.

I didn't plan on coming up here and talking to anybody.

But uh I'd never forgive myself if I didn't.

Uh I'm just gonna kind of go ad lib on this thing and and hope it gets to the right people.

I uh down there behind them back here, five minutes seems like it takes forever, so I figure what the heck?

I got 41 years of frustration that I need to talk about.

So uh real quickly, I didn't wear these medals to this meeting uh for my five minutes in fame.

I've had that five minutes my whole life, so uh it it was for the cause and effect that maybe we can bring some decorum back to these meetings and be professional and treat people professional.

Um I'm along with the rest of these citizens in here.

I don't think we're being heard.

Um, but that's not why I'm here.

Last week we uh had liberty of hearing Chief Baker come up and speak about the police department, what a wonderful thing they've been doing, their their annual report.

And I was very impressed, as most of y'all must have been very impressed.

Um, but what he didn't mention is he didn't mention the unsolved murders in this town, and uh I personally take that to heart.

Uh I think you guys squandered an opportunity to ask him about the unsolved murders and what policy is on the unsolved murders.

My sister-in-law was murdered at the age of 14 on what we're gonna talk about tonight, Bailey Hill.

Now, my sister-in-law, she didn't stick around, she was 14, strangled, beat, never been solved, been pretty well cold for 38 of the 40 years.

It's it's surprisingly it's reopened a little bit because uh we're getting DNA testing done after 25 years of sitting on it.

So I'm a little disappointed.

But you know, that sister-in-law's name is Leslie Don Haig, and uh I would do her father an injustice for not standing here in front of you tonight.

Wesley didn't win a spirit award here in Fort Smith, she didn't have a boxing record of 53 and 49, God bless you, Crabtree.

I ain't messing with him.

Um but she didn't have a chance to go to nursing school and be one of the nursing girls or the rainbow girls.

She didn't have a chance to go to Northside High School and play on the basketball team and win an NBA championship.

She didn't get any of that.

Matter of fact, she got forgotten in this town for years.

Now, in my opinion, personally, Bailey Hill should be called Haig Hill because Leslie Don Haig's family should have sued years ago for wrongful death on Bailey Hill because it was owned by the city, but that's neither here nor there.

That's not nothing that I hold an ill to no one, but they're not here to do anything about it anymore.

It's just me and my wife.

And as for Bailey Hill, we welcome change.

I was up there three years ago surveying that area, and I called back the city administrator and thanked them for doing something positive with Bailey Hill.

But when them engineers go up there and they do their land surveys, if they find her tennis shoes, let me know.

Because that's about the only hope we have left.

Is her tennis shoes were never recovered.

And too often, Fort Smith's ignored this.

I've called the chief of police, I've met with the chief of police, I presented what I was hoping to do a PowerPoint for the chief of police.

I've got something on my phone right now that has 10 unsolved murders in Fort Smith.

Ten of them in Fort Smith over the years, and probably another 35 in the surrounding area.

People, I need your help.

That's what I need.

I need to do something.

Get somebody involved.

Take $10 of the million you're gonna spend at Bailey Hill tonight and pay to have somebody do real DNA testing on these kids' remains and the evidence that's out there for thank you very much.

Thank you.

Why don't we take a five-minute recess?

Just one minute.

We'll do one more and then we'll take a five-minute break.

Yes, and the last we have for citizens forum is Jeannie Carroll.

Hello, um, I was not planning on coming up in here speaking.

I wasn't even planning on coming to the meeting tonight, but someone told me I need to come.

Um, I don't come to these meetings, and I'm really not that into politics, but the past couple years I have gotten into it because of things that are going on.

Um, but we're what really got me fired up was this whole situation with the change of government and the vote not going to us.

We are the citizens of Fort Smith.

We have the right to make that decision, not y'all.

Um, and I was really disappointed when I heard that it had been uh turned down.

Um something else that happened earlier, and I wasn't even gonna speak, but something else happened earlier that I mean I couldn't just sit down and not say anything.

The lack of respect that I have seen up here is really heartbreaking.

We as citizens deserve answers.

We as citizens deserve um the right to vote.

Um, but when a question was being asked, and uh I don't know where he went, but when a question was being asked and there were no responses, and I'm not gonna point out who didn't respond, but y'all owe us that.

Um, you know, we don't know what the bat what's gonna happen when it gets put on the ballot, because it will get put on the ballot.

We don't know what's gonna happen.

Majority of Fort Smith may not want to change government the other you know the majority may want it it doesn't matter it's our decision and so I would like the person earlier said I would like to see y'all go ahead and do a vote tonight and get it over with.

And it's gone on the ballot and all you're doing I mean I'm broken right now with what I've seen and I've been hearing and I want to be able to respect y'all and believe in y'all but right now I can't so I'm just asking for y'all to please reconsider go ahead and vote on it tonight don't wait two weeks from now what difference is it gonna make thank you five minutes we're gonna take a five minute recess convene please please return to your seats I'm having on the five or if you want to be in the line this time we will go to the first item on the regular agenda.

Thank you Mayor the first item tonight is an ordinance amending the city's human resources policies relating to injury leave director of human resources Eric Garvin will is here to address this item thank you uh good evening mayor and board uh following the board's recent feedback concerning the city's injury policy uh we've updated the city's policy for injury for all employees the updated policy will go into effect immediately and will cover the remaining 33 and one third percent of earnings not already covered by workers compensation for critical injuries uh the the policy changes the policy change positions Fort Smith was the regional leader in employee benefits and strengthens our commitment to being an employer of choice uh in the community under the revised policy employees admitted to the hospital for inpatient stays due to a workplace injury uh or illness will receive up to 18 months of injury pay at 100 percent of their regular base rate of pay these benefits continue until the employee is medically cleared to return to work or is determined to be medically unable to perform the essential duties whichever comes first.

Additionally the city administrator has the authority to extend injury leave coverage on a case by case basis for extreme circumstances this updated injury policy is one of the most comprehensive employee wellness benefits in the nation offering greater coverage than most similar programs nationwide and standing out as a unique benefit within the state of Arkansas with that I recommend the board approve this proposed ordinance and I stand for any questions.

Thank you any citizens comments madam clerk none indicating motion to adopt the ordinance so moved second thank you board comments director Neil Martin so Eric I went back and and watched when we originally brought this up this was specifically I think it was in the spirit of Officer Newman who praise God is is home.

I mean it's that's awesome but I think there it was and and it was director Kemp that brought it up I think we were talking about a narrow scenario for centered around uniformed officers.

We've kind of broadened this out to be non-uniformed employees.

I think in my mind, we were talking about those folks that are that are risking their life and could get shot, get burned, fall through a uh a a floor of a burning building, something like that that.

That that was my that was my impression of how we were going.

This being for non-uniform, seemed pretty significant.

And and you know I I don't know if that's maybe the spirit of where we were going.

I know we had a study session around, but still in my brain, we were talking uniformed, very narrow cases in the situation where uh a guy uh police officer gets shot in the line of duty, firefighter gets burned, and you know, uh uh um police officer gains, he's not our police officer, but um Robin Gaines who was burned pulling somebody out of a fire.

I know he's not ours, but just recently, you know, if something tragic, even more tragic would happen.

I that's where I think this thing would have covered.

So I just kind of want to talk to my board and kind of are y'all in agreement.

A were y'all thinking it was broad, like everybody, or or was it just I'm in agreement.

I had the same understanding with you, and when I read that, I thought we had broadened it too much, and I also didn't like the inclusion of the word illness because that is so broad, it's hard to define medically.

I think it's gotten away from from our original intention.

Yeah, I agree with that, Neil.

So the the reason for the inclusion of the word illness has to do with workers' compensation standards.

So an illness is also something that's covered by workers' compensation.

And so that's using that same exact language.

Uh to that end, uh, this type of scenario went back and looked for the last 10 to 12 years, how many times this would come up, that's less than a half dozen.

Exactly the way it's written is is when this would come up.

Well, now now it may now reading it, it makes me want to make sure that I'm truly understanding what the um uh FMLA laws are, the um uh short-term disability, long-term disability, all those kind of things that come up now when we broaden it out for for a number of people.

I as of right now, I'm not for this.

I think I I want to keep it as part of narrow um in certain situations.

So I'm I'm a no on this right now, unless somebody can give me some different information.

So ultimately what this policy is doing is picking up that other third.

So I mean, FMLA is a factor in it, but it has no bearing on what we're talking about here tonight.

Uh the same thing with short-term disability.

Uh those are those are ancillary benefits outside that someone would pick up as as an aside for that.

Uh I would say that that you know, if you're going to provide a policy, this is basically an expansion of an existing policy that already is far reaching.

It is much more far reaching uh than most municipalities have in the city today.

The current policy with 30 days that that is not something that's common.

Most of those employers are providing for work traditional workers' compensation benefits after two weeks.

Yeah, and and I know that when we when we talked about it, the the thought process was that Officer Newman would have to use his own personal sick days or vacation days.

And and that's what I think we were trying to protect it as much as possible.

Um I just think I just think we're we're broad on this one.

I want to narrow it, I want to I want to narrow it a little more.

And and to that end, that was that was the reason for for writing this is to provide a clear start point and a clear end point on when someone would be eligible for this benefit.

Again, to that point in the last 12 to 15 years, we're talking less than six people or five people that this would have even applied to in its current form, uh, you know, as it is.

And excuse me, but when you speak of five to six people, you mean uniformed and or non-uniformed correctly.

Yeah, to that end, there's only been two cases in the last 20 years that I'm aware of that would meet your criteria that you're talking about, Director Martin.

I would just add to that that we we do, and you know, the the numbers that Eric's speaking of uh in the history of employee injuries that we have had, I mean, we we do have uh employees that you know also I mean it's different than being shot in the line of duty, 100% agree, but they are doing dangerous work in the field on behalf of the citizens, and when we look at a a injury leave policy, currently we have one that applies to everyone, and that was the intent of this proposal.

We can certainly change it.

And you know, and I think that you know, one of the important things that could be left.

Well, and we I mean, we can leave the language essentially like it is that allow for an uh we've called it internally an escape valve to where administrator can determine exigent circumstances.

We can certainly document those, uh you know, uh a shooting in the line of duty certainly qualifying and uh but there are other other circumstances which uh any other city worker, even non-uniformed might qualify for exit exigent circumstances for being injured in the line of duty.

We don't know what those scenarios are, but when that presents itself, then we if we have the ability to declare and determine that, then I think that would potentially be a good thing and and address the issues that the board uh is concerned with.

Um that's enough for me right now.

Okay.

Thanks.

Uh Director Kemp and then Director Cassaves.

Thank you, Mayor.

And uh I appreciate I didn't want to talk out of turn uh to answer Director Martin's comments and I'm respectful to what you're what you're bringing forward.

Uh you know, if originally my intent was evil, hazardous conditions that do cause this, but for both non-uniformed and uniformed officers.

Let's say uh as I mentioned in public record last time, if a street worker, God forbid it was involved in a shooting and they were there because they were doing their job, I would want them to be covered, but also listening to the spirit of the discussion.

If we had a city worker restoring water for residents of Fort Smith working on a transmission line and sustained a very uh serious injury that would have sustained him to the edge of his life or brought him to the edge of his life, I would hope that the city, though he was a not a uniformed employee, would stand behind him.

I mean, we wouldn't have water to drink without him in that moment.

So I I think it's important to include non-uniformed in the discussion of this topic, even as much that I would love for it to not be defeated, but rather tabled, if colleagues feel like that's a consensus that's building.

A couple questions I do want to ask: could an employee have a major surgery or an extensive rehabilitation or a serious disabling injury without being formally admitted as an inpatient and then still remain limited to the 30 days?

Yes, yes.

The the intent here is simply if if you are hospitalized as a result of your workplace injury, whether it happens immediately or it should happen two weeks down the line, if you receive an overnight inpatient hospitalization as a result of that, this policy would kick into place and it would stay in effect until either you are cleared to return back to work or you receive you you reach you know maximum maximum MMI helped me to uh with respect to that as far as their improvement.

Another question I have is what process would be used to determine if employee is unable to perform their essential duties, you know, whether that's you know reasonable accommodations or reassignment, maybe a reassignment could be considered versus them not being eligible to come back.

You know, if they can't do this specific job, can we move them to another role where they could uh and still where they can retain employment?

And we definitely do look at that.

When when someone is it reaches that point of reaching the the maximum improvement that they're going to get, and what is that impairment rating look like and how much that they're able to perform when it comes to work?

And is there another job elsewhere in the city that we can that we can assign them to?

That's always something that we're looking at with or without this policy.

Yeah, I think when you think about a half dozen the smallest comment on proceeding time, when you think about a half dozen fitting in over the time period you said of 10 years, not 20 years.

Well, yeah, over the last 15 years, okay.

Um you know, I whether it's uniformed or non-uniformed, if this was a hazardous condition that caused it, and we could still retain them employment for the future.

I mean, several of our employees do dangerous stuff.

I guess that's my point.

And uh when I heard about this and we hear about these egregious things, I think the public would still be going, golly, why isn't the city of Fort Smith stepping up and supporting that employee?

Thank you, Mayor.

Director of Christine Savage.

I felt like we were clear that we were directing this to uniformed employees only.

I mean, the way it's written, illness is subjective and illness wasn't in there previously, that's been added.

No, it was in the red line version, illness was added.

That's subjective because really when I was reading this, I was thinking someone could make the case back in 2020 or 21 that if they had to come into work and they caught COVID, that's a serious illness, and they could take advantage of this.

So maybe we've only had a few cases now, but I think this really opens the door to people taking advantage.

I mean, I feel like this was very specific to uh a situation that um, you know, our hearts were all going out too, and we want to we want to remedy that and and then what we've got is a bit of an overreach.

So I would like to narrow the scope before I can get on board with it.

I mean we're talking about city workers uh getting injured working on transmission lines, but I feel like as long as we've been talking about transmission lines, we've been talking about um, you know, bringing people in, not using our own people.

We've been told our own people aren't capable of doing that work.

We those people would be coming in, they would be contracted anyway.

So I think that we need to keep with the original scope we discussed for uniformed employees.

Thank you.

Thank you, Mayor.

Um, I really I want to agree with um Director Kemp.

Um Mr.

Dingman first brought up non-uniform, and I believe that the scope that some of the directors may have been focusing on was uniform employees, but we simply can't narrow the scope to just uniform employees.

You know, we have several departments that's jobs are very or could possibly be very dangerous.

Give you a couple of examples are meter readers.

I have had in the past several meters complain to me about being attacked verbally, had guns pulled on them.

Same thing with animal control, just as bad with some citizens.

But one that was brought to my attention was our solid waste department.

We have actually had solid waste personnel run into a burning house to save a citizen.

You know, we cannot just close a scope on uniform employees when we have several different folks, several different departments to fall into this category, and they need to be represented as well.

Okay.

Uh Director Rigo.

Thanks, Mayor.

Uh I uh support the policy is presented to us tonight.

I think it's something we can provide uh to both uniformed and non-uniformed.

I think that we should.

Uh, and I very much believe, and I think everybody knows and recognizes that non-uniformed people do jobs that are hazardous uh and potentially hazardous as well.

And I just I can't support um separating the classification of care uh in that way.

Thank you.

Director Settle.

Uh thank you, Mayor.

Thank you, Eric, for putting this together.

Uh walk walk me through today what is our current policy with workers' comp.

So somebody gets hurt, let's say they break a leg.

Sure.

And they're gonna be out for eight weeks.

Let's use an example.

Like a hospital stayed for a week.

Let's use that example.

Okay.

Doesn't matter if it's non-uniform uniform.

Mm-hmm.

What happens with workers' comp there?

So for the first 30 days, this the city's current injury policy would take effect.

So they would receive their full regular pay for that first 30 days after the 30-day time period, then workers' compensation would start kicking in, and that would be the 66 and two-thirds that they would receive for workers' compensation.

And then if they have available accruals, they can use those to cover that additional one-third uh if they should so choose.

Okay.

And so that as long as they were eight weeks out, the workers' comp would cover the last four weeks at 66%.

And then if they wanted to use their accruals or vacation, they could give the other pay that way.

Correct, yes.

Okay.

So with this change, the city would be responsible for that.

Third work.

So has workers our work current workers' comp been notified that this change could be coming or not?

Yes.

Yes, I had a uh talk with our TPA uh after the last study session about this.

And would we see or would we see a rate increase in the future if this we change if we make this change?

So this wouldn't necessarily cause a rate increase, but it would cause an increase of cost to the city for that additional two-thirds or the additional third that you're picking up because the city's not already on the hook for that.

So, do we ever use short-term disabilities?

It's a voluntary benefit.

So if someone voluntarily elects it, they have it available to them, but they're paying premiums out of their check.

But what is the short-term disability?

Is it 100%?

The short term disability is 60 percent.

60 percent.

So, somebody got hurt, can they use short term disability at the same time?

They wouldn't be able to in this case because short-term disability does not cover workplace injuries.

That would be injuries that occur off the job.

Just I know some places use both of sure.

My only issue is illness.

I have to agree with that.

Uh my concern is people abusing that.

Um, and we could definitely strike that piece off, but I think to me that to me, uniform versus non-uniform.

I I can swing making even for everybody, but the illness to me is because it carries subjectively.

Uh doctors can write notes, say a person's ill, and I I what I don't want to get to is we got you know, you said five or five or six over ten years, it goes we change this policy, and we get five or six in six months.

And so I I think if we're gonna do anything, I'd like to see illness get removed or better definement of it in the ordinance versus it is.

So I as it's signed, uh, I think the word illness is my issue.

Thank you.

Uh Director Christina Cassandra.

Well that that's what I was gonna say is that if you're going to leave illness in there, you've got to define it because is it physical illness, mental illness?

It's too broad.

Ultimately it would be determined by the TPA for the workers' compensation claim, just like an injury would be.

If someone was injured at work, there would be determination if that was a credible injury that did occur at work, they would do the same thing with an illness uh similar to uh I think what uh Mr.

Dingman spoke to a while back uh relating to cancer, those type of things, those are all things that are covered currently under the workers' comp statutes.

But cancer is definitive.

Being shot is that is definitive illness, that's broad, it's subjective.

It's is it physical, is it mental?

We don't know.

You know, the city gets itself into such trouble with these with this broad language in our contracts and our policies.

We we've got to learn from our past mistakes and going forward with some intentionality.

Um so I I do agree with uh director settle on the the broadness of the language.

I think it either needs to be defined or removed.

Thank you.

Uh director Josh Gasavage and then direct to camp.

Todd, have you figured the difference between covering uniform personnel and versus covering everybody?

I don't guess I understand the question.

What would be the cost to if for this change to cover uniform personnel?

Well, it would be the additional 33 and a third percent of their earnings at whatever rate of pay that they're at.

I mean, we cover something where if we cover just the uh everybody, then is I mean there's got to be a difference somewhere.

It it would be the cost of it would be I mean it's hard to say because we don't cover it in a blanket, we're not paying a policy based on this.

Uh this is on a case-by-case basis, and so we would pick up the additional third of their earnings at whatever rate of pay that they're earning at that time, but if we just pick up the third for the uniform personnel, that's gonna be less than picking up a third for the everybody, correct?

Well, I mean, it's that would be based on whether or not they got injured, but yes.

It would depend on it would depend on who the employee is that gets injured and how many injuries that we have.

And when would this take effect if it passes?

I'm sorry, when would this take effect if it passes?

It would take effect immediately.

The intent was based on the feedback that I received was to have it to go into effect immediately.

Yeah.

So I took the feedback from the entire board, and this is what I came up with.

Was based off of the feedback.

I tend to agree with the Neil and everybody.

I mean, I think this needs some more study.

We need to study this a little more.

So as of right now, I can't support this right now.

Thank you.

Yes, uh, in the spirit of supporting Officer Newman and the spirit of this uh as written, listening to my colleagues, and for action to take place, I'd like to make a motion to make an amendment to remove the word illness from this policy.

So I second that.

Okay, I like to call the vote.

Do we need any more clarification to administration on the striking what we're asking for?

Is that sufficient there?

Just to remove it.

That just means that if if someone had cons can contracts an illness that would be covered by workers' comp otherwise, they wouldn't qualify uh for this additional uh if they were to be hospitalized as a result of it.

Okay.

So we just need to take go ahead.

Well, I would I I would also like to see this limited to just uniform personnel.

Is there a mayor?

We there is the motion there's a second initially.

Okay.

Call it madam clerk this is on the amendment to remove the word the uh word illness directors rego no good yes kimp yes george get savis yes christina kitsavis yes settled yes martin yes to prove six in favor and one opposed okay now we will vote on on on the uh motion as amended well wait i wanted to amend as well can we have two amendments sure yeah okay i would like to make a motion to limit this to just uniform personnel at this time second i'll second that okay madam clerk will call a roll on the on the new amendment directors good no kimp no george get savis yes christina kit savas yes settled no martin yes rego no the motion is defeated with uh three in favor and four opposed okay uh no man another four or three do we even need to vote anymore the motion the motion is amended this just held up a deal so for three right as amended now we need to vote on the motion as amended this is item one correct we're still on one thank you directors kemp yes George gets avis no christina get saved no settled yes martin no border three border three go yes good yes motion passes four in favor and three opposed okay thank you very much just time we will go to item number two item two is an ordinance amending the city's human resources policies relating to substance abuse and drug free workplace mr garmin uh in 2024 and again most recently in May of 2026 the Department of Justice and Drug Enforcement Administration uh initiated formal rulemaking proceedings to consider reclassifying marijuana from a schedule one controlled substance to a schedule three controlled substance under the controlled substances act uh because the proposed reclassification has the potential to affect the city's drug and alcohol policy the human resources department and the city's attorney conducted a comprehensive review of the city's substance and abuse and drug free workplace policy to ensure continued compliance with the applicable federal and state laws this revised policy in front of you adds language to better address potential delays in testing applicants for pre-employment drug screenings outlines the formal documentation required when an individual relinquishes a medical marijuana card provides clear consent protocols for employees releasing releasing official drug test results to the city standardizes safety procedures for transporting employees who are suspected of being under the influence of uh drugs at work formally adds breathalyzer testing as a clearly defined testing method for determining substance use clarifies the official notification timelines and required response process following the initial positive test result delays the protocols deadlines and rights available to employees wishing to challenge a verified positive test and sets a specific waiting and reconsideration period of three years before applicants who test positive for drugs or alcohol may reapply I recommend the board of directors approve this uh ordinance as proposed okay any citizens' comments none indicating motion to adopt some of them second thank you comments from the boards have a quick comment go ahead joy what what criteria do you use to determine if you suspect somebody's under the influence so all of our supervisors go through what's called reasonable suspicion testing and they have to pass that before they're able to make a determination that someone's under the influence that they have to go through and document exactly there has to be something that's clearly definable uh so something like blurry or I'm sorry, red eyes, disheveled nature, stumbling, things that are clearly just clearly definable.

But who ultimately gives the okay to prove it comes to the human resources department.

If the department suspects that, they'll reach out to the human resources department and we'll have a conversation on exactly what they're what they've witnessed, make sure that they've followed the proper procedures, and then we'll move forward with the employee refuses to provide a sample.

If they refuse to provide a sample, whether it's through reasonable suspicion or it's through the random drug screen policy, that's considered a positive test, and we would follow the actions as far as termination of employment in that case.

Wow.

Thank you.

Any other comments?

Please call the role.

Directors George Kittsavis.

Yes.

Christina Kittsavis.

Yes.

Settled.

Yes.

Martin?

Yes.

Rego.

Yes.

Good.

Yes.

Can't.

Yes.

It's approved.

Seven in favor and zero opposed.

Three.

Item three this evening as a resolution terminating the construction contract with Western Millwright Commercial Construction Inc.

for the alleyway rehabilitation project.

This action stems from the compounded impact of construction quality issues with the contractor and the contractor's actions taken in disregard to public safety.

During construction activities, concerns were identified regarding construction quality, excavation practices, utility conflicts, and compliance with project requirements.

And such items are detailed in your agenda packet materials.

Following a review by staff, the project engineer, utility representatives, and legal counsel, the stop work order was issued and project activities were suspended for further evaluation.

Based on the findings of that review and with the advice of the city attorney, staff has determined that termination of this construction contract is in the best interest of the city.

City Attorney Colby Rowe, it will further address this item, and we do have staff members and representatives from uh the gas utility in the room to address any specific questions.

Good evening.

As Mr.

Dingman indicated, you know, you have in your packet a letter that I wrote to the contractor's council, the letter dated June 5th, and it outlines the issue which forms the basis of the staff's uh recommendation to terminate this contract.

And specifically, we're dealing with an issue uh that arose back on May the 1st where the contractor was doing work in these alleyways, and uh the contractor struck uh hit a gas line of AOG.

Uh AOG was promptly notified, AOG responded, and uh repaired the gas line.

Uh shortly thereafter, uh after AOG left uh the alley.

Uh the contractor uh hit the same gas line, uh hit the gas line again.

And this is a service line to a resident's home.

Uh the gas line is struck the second time, and the the problem or the issue, and that's why it's here before you tonight, is instead of notifying AOG, the contractor undertook its own repair efforts.

And uh, as shown on the screen and outlined in the packet, those repair efforts were concerning.

Uh it involved duct taping some PVC pipe to the polyethylene gas pipe.

Uh, and that resulted in a very serious issue of natural gas leaking into the residents.

Um this happened on a Friday.

Uh the contractor again performed that repair effort, uh buried the line.

Uh it set that way all weekend.

Uh the resident called AOG on the following Monday and reported no gas to the appliances.

Uh AOG then investigated and and of course was discovered what the issue was, and in the city was then notified either that same day, the Monday, May the 4th, or or shortly thereafter on a different day.

Uh, in light of that, as Mr.

Dingman said, the engineer involved, McClellan Consulting Engineers, uh, promptly issued a notice to suspend the work so that everybody could get an understanding of what's going on and what's happened.

Uh, and that was done.

Uh staff got a report from AOG or at least uh an individual on behalf of AOG that outlined their investigation into the issue, and and then of course uh my letter followed to the the surety on the project for the contractor and the contractor itself.

Uh the the points noted in in my letter uh to the contractor are that you know the the contract documents, which are voluminous and current they include standard general conditions, standard specifications.

Uh but what is clear is the contract documents requires the contractor to uh prevent damage, injury, loss to the public, and to take necessary action to protect the safety of the public.

And so it was on that basis that we notified the contractor that uh the contractor has failed to comply with those provisions, and there's a provision in the contract that says the city may terminate the services of the contractor if it substantially fails to comply with the contract requirements.

And so uh we've we've given the notice uh to the contractor that the documents require a seven-day notice before the city can terminate.

Of course, the city hasn't terminated yet, that's what's the issue for the board.

So uh that that's the issue before the board, and I'd be happy to ask answer or happy to answer any questions uh to the extent I can, and if I can't, I'm sure Mr.

Robinson or other staff can do so.

Okay.

Thank you.

Any citizens' comments, Madam Clark?

Yes.

Uh first we have Dustin Waldorns who is here to answer questions.

Uh, same with Chris Morris is here to answer questions as well.

Uh, but for citizens, we first we have Shane McKinney, and each will have two minutes.

Hi again.

So uh this directly impacts my Airbnb's uh one of the alleys that's been worked on for months now is still torn up, and uh it also affected my neighbor who has an Airbnb.

Uh during the construction process, they were literally couldn't get that was the egress for it.

They were shut down for 45 days.

Uh he received no compensation or anything for that, he just couldn't operate.

Um so now we're looking at having to rebid this project.

I pointed out some of these project problems at the beginning.

Uh, the telephone poll I talked about surrounded by concrete and some of the just issues of clear lack of care about the work.

Um, and I think I remember having a conversation with you guys when I said if you were building a house that cost a million dollars, wouldn't you go out to look at it occasionally through the process, and nobody had been out to look at it.

Mr.

Dingman, nobody had gone out to see the obvious uh signs of lack of quality when we were early on in this.

I think this is another example of you guys not taking accountability, not taking transparency for something that could have been addressed at a much earlier time.

I uh I think the project is a good project.

I've been supportive of the project from the beginning, but the execution of the projects over and over again in the city are a problem.

This happens again and again and again.

It doesn't take a lot of common sense to see.

Oh, they didn't even move that pole out of the way before they did this.

Maybe we should ask them if they're thinking about where the utilities are right, like that's just a common sense kind of thought.

Um, should be part of the deal.

I you would think you would think with numerous engineers and numerous smart people going out.

And I understand you guys can't do everything, you are part-time.

Um, but at some point, when we're spending millions of dollars and lots of time, and it directly impacts my neighbors.

Uh my neighbor was actually the one with this gas leak.

That was the house across from me.

I know exactly where that was, and it was pathetic, and she was terrified.

She was calling me for help, and it's cost her other additional problems because of this, it affected her house.

Um this has an impact, and we need to start putting in how do we prevent these kinds of things from happening every time.

Next, we have JB Cross.

Good evening, I'm JB Cross.

I have the honor to represent Western Millwright with this contract situation.

I want to talk about a couple of things.

The first is the notices that we got and the information we got had nothing to do with other performance issues.

It had to do with a single issue, a single incident in which an employee did something unforgivable, which is to attempt to fix that gas line.

As soon as Western became aware of that situation, that person was taken off of the job.

We have other people that we can put on the job, other employees.

We've attempted but never been given a chance with the city to address the idea of what we could do to prevent this from happening.

This is a job that was to the comments earlier, inspected by the engineering department.

The inspectors aren't there all the time.

This happened late on a Friday afternoon.

The person who did it, however, is no longer associated with that job.

We have other people.

The people here, I think, and we want to complete that product project.

The only performance issues were the standard ones that come up in construction.

The engineer was already aware, had already agreed to fix them.

The only reason they're not fixed is because we got to stop work order.

On the disregarding things first, we were told verbally, which is not allowed in the contract to stop, and we stopped.

We got a letter to stop and we did stop.

We have obeyed the engineers' things to begin with.

Now, one curious thing about your package, and I did not notice this until this morning.

I'm not sure if you've had a chance to read it all, but the letter in your package, which is not on the screen, is not actually the letter I sent.

It looks like a rough draft.

It's very similar to the letter, it has all the main points, which I've made now.

This is a single incident.

We think under the contract interpretation, good faith requires that we get at least the opportunity to try again.

I know I have two minutes, but I really think everybody else has had a lot more time.

I think I should get at least a little more time with this gentleman.

But what I would like to do, if I could, is to pass out the actual letter.

The most important difference is that I attached every time you work on these jobs, you have to have what's called a one-call certificate that come they come out and locate where all the utility lines are.

We did that on this, and that's what I attached to this leader.

I don't necessarily have a problem with it.

I think we kind of need to hear some of this.

Okay.

I know he's time to speak, but we probably ask those these questions.

You may continue.

Thank you.

Thank you.

May I pass this to the board?

How they got confused, I don't know.

I guess it's just the wonders of email.

But the important issue that I wanted to the board, and that's what I was trying to illustrate to attaching those one-call certificates, is that the construction company itself carried on this project in a safe and responsible manner.

They did get those authorizations, they did know we had an employee who did something wrong.

We got rid of that employee.

We have attempted to get the city to accept our plan to remediate this and have never been given an opportunity to do so.

And I have again eight copies of that I'd like to pass to the board, at least what we would like to do to try to do this.

In general, we've put a new superintendent on.

We would be amenable to additional inspections if that's what it takes to get them on there and to keep to keep the citizen safe so nothing like this happens again.

Don't think it will.

We were willing to take any reasonable steps to do that.

May I pass this?

Lots of issues coming up.

It's kind of been interesting to listen.

The important thing I think is that yes, a mistake got made, but we think that they deserve at least the opportunity to correct that mistake so that they can get this job finished.

Stopping this job now, getting a new company will take months at additional cost.

It may not, but right now we're here willing and able to finish this thing as quickly as we can.

Thank you very much.

Thank you.

And last we have Crystal Cadelli.

Good evening.

So this is very concerning.

Um, what I would like to actually know is how much of the work has been completed.

Who's been inspecting the jobs?

Are city inspectors going same day that the work has completed?

Do they have reports so we can look at the reports and know if there's been any other issues except for this one?

Um if there are, then what what work needs to be redone and how much is that going to cost?

How much is it going to cost to get another contractor to come in and finish the work?

I think there's a lot of um questions that need to be answered.

And you know, I just want to lead into why I oppose any more grants for things that we don't need because situations like this come up and um the city just can't afford to take money out of the general fund or any other fund to compensate for when things go wrong so with that being said I I would like to hear the answers to those questions.

Thank you.

That's all to address the board for item okay okay thank you very much.

It's time we attain a motion to adopt the ordinance so moved.

Second okay this time we'll get a comment from the board I have a question.

Okay.

Um I have a question for the gentleman.

How many other projects has this superintendent worked on for Mill right I'm not sure exactly how many he had worked on us successfully on other projects prior to this that's why he was there.

How long had he been employed there?

Have I been employed?

Has he how long had he been employed there?

Actually I don't know that about 10 years.

All right thank you.

Director George Cassavis um JB yes sir I went out and looked at that not the guess well in fact Shane you took me out there right yeah the sheet did and I've I've never seen a concrete alleyway that looked like a roller coaster.

I'm not trying to be funny or critical but uh and then you pour concrete around a telephone pole that's you know the poll's gonna move that company's gonna crack and the that it's like they didn't form it up they just poured it and trialed it and there's I mean it was awful.

I mean so are we gonna have to redo that that that the concrete and stuff that's been laid well let me let me do let me respond.

Yes sir if there was something like that and I I just know so I'm not so I'm not I'm not disputing your word things like that happen on a construction project we'll hammer it out and put it back the way it's supposed to be in the contract.

If the plans show it that way that would be I doubt the plan show it that way.

Did you all provide a surety bond for the city for this work?

Yes sir there is what amount do you know the the exact amount of the contract statutorily that's required.

Sir I I mean i if I'd if I had hired you to do a private job that you want to made it I'm sorry but but let me say this wouldn't you have given me at least the chance to fix it after you said I don't like this work.

Well what concerns me was the gas leak that could have been something really bad.

You know they should immediately called ILG or the city and said hey we have a problem we hit a gas line which all all con all construction people do.

And we did tape it with duct tape the bad part is he should not have fixed it late on a Friday on his own he should have called them again no exactly and that's why he was taken off the job yes sir I mean that the how long has this company been in business mill right or whatever they call it about 30 or 40 years.

Wow well okay thank you thank you very much.

Direct settle thank you mayor thank you sir my my questions to Colby here Colby um we're try we're proposing to terminate the contract are we proposing to call the bond?

Well right now the we had to give notice to the contractor and the surety this seven day notice and so the city has has made a claim uh we've submitted a potential claim to the surety uh so you know how how this plays out you know, would be to be determined, but you know, the contract would provide us as Mr.

Cross indicated that you know, if the city had to spend more than more money than under this contract to finish the job, the city will pursue a claim.

Now, you know, the how how that gets handled depends on a lot of factors.

But yes.

So the short answer to the question is yes, there's been a notice to the surety of a claim.

Okay, so if we if we approve this tonight, then the surety claim would take care of the contract through the bond and they would hire a contractor to finish the work.

I'm sorry, I didn't hear you.

But with the assurety, the bid bond, the bond itself would hire a contractor to finish the work.

Is that correct?

Well, I don't think the contract documents give the surety that option to go hire a hire a contractor.

Uh we'd certainly it behoove the surety and the city to work together to figure out how this can be completed within the contract amount of this contract.

Well, just I looked at the packet we got in February.

Um the next bid was $350,000 more than this one here.

And my last question is this changed it.

Yeah, this I changed that's right, I forgot about that.

Yeah, it's so the original bid was 2.2 million.

That it raised to 2.7 million after we questioned the the circumstances around the the bid.

And then my last question is are we doing anything to the engineering company that should have been on site surveying this, making sure this didn't happen?

Well, I can't answer that.

Jeff, are we doing anything to that?

The there was an original um observation inspector who also has been relieved.

Um but the the um construction observation engineer is working with us through this process to uh rectify the situation.

I I mean I'm gonna ask let me say one thing, so was there somebody on site from the engineering firm that saw this being fixed this way?

I do not believe so.

I can defer to that.

I mean, I know that I don't have any knowledge of that, and and but we pay for engineering services to be on site during the construction phase of this project.

We do it on every project, spends millions of dollars with different engineering firms.

Their job is to be our voice, our accuracy out there to watch, make sure the engineering is being done correct.

So my question to you and to Colby is shouldn't we hold the engineering firm some way accountable?

And I'll say that that that will be you know that would be looked at and pursued if there's a cause there to thank you.

Uh Director Neil Morton.

Yeah, I I would like to talk to the McClellan engineering, and I think there's a representative from AOG here.

Is that right?

Do you mind coming up as well?

So so can you can you explain to Director Settle's point?

Can you explain what happened here?

From from a I mean, we're hiring we're hiring you guys to oversee this work, right?

I'm sorry.

My name is Chris Morris, I'm with McClellan Consulting Engineers.

Uh manage the Fort Smith office.

Uh just speak directly to Director Settle's uh question there.

Our contract is not full-time observation, and so we're not on site every hour that the contractor is working.

We've got uh it's part-time observation.

We're there, you don't need to be there for every minute, you think there are critical times.

How many hours a week do you own it?

I think I've got um four hours per day, so about 20 hours a week.

Okay, but you know, if something occurs late on a Friday and our inspector's not there, we rely on the contractor to notify us and let us know that an issue has occurred so that we can notify everybody else that needs to be notified.

Were you made aware when it was breached the the first time?

Not the first time.

So I so far as I know we weren't made aware of any incidences that are so the first time it comes AOG comes and repairs it, you weren't notified then, and then when it was breached again, you weren't notified then either.

It's my knowledge that is correct.

Okay, so and again, we would love to have assisted on that Friday when it occurred, but if we're not notified, you know, we can't help.

Okay.

So can I talk to the guy from his AOG?

Can you explain a little bit about your observation of what you saw?

Yes, I saw a contractor uh digging in an alleyway with disregard to public utilities.

That's what I saw.

What do you mean by that?

I mean, they took a bulldozer to an alleyway and plowed it up.

You can't do that.

It's against the law, number one, because in the state of Arkansas and every state in the United States, you're not allowed to dig on top of a marked gas line.

That's per the state and the field.

Was the gas line marked?

Yes.

Okay.

I have time date and GPS stamp picture showing that all of it was.

Okay.

I guess my concern, you know, you know, as a as a manager of people, you know, there are times that um you have to discipline people.

Um there's also times you have to terminate somebody that it's just too egregious to not terminate them.

This was egregious.

I mean, this this was to try to put it back together with duct tape, and then to try to bury it.

That really concerns that that brings up a lot of questions of uh of a lot of different things.

That's blatant disregard for people's safety.

I I agree, and that could have that could have been life-threatening to somebody.

So the gentleman in that home, it could have been because that that flimsy fix bypassed our safety device.

What do you mean?

Well, it allowed uh we have what we call EFBs, which is an excess flow valve inside of our service lines.

It's required.

Uh since 2016, it's the law that we have to put them in there.

100% all of them.

Well, that service line has a EFB on it, and when you make a repair that's not gas tight, it does not allow that EFB to set and operate properly because you have a slow seepage of gas, so it doesn't ever fully shut off.

So what it did was when they did that repair and it was still leaking because you saw the duct tape around it.

After they figured out it was still leaking, they can they tried to duct tape it to stop it.

That allowed a small volume of gas to slowly seep in that gentleman's home.

Could it it had it been eight o'clock at night?

Goes to sleep, might not ever wake up, or his house is all over the neighborhood.

Yeah, thank you very much.

Appreciate it, sir.

Thank you, Mayor.

Um, this was mentioned a couple times.

Is Mr.

Robertson here too as well?

I think he is.

I think you come.

I just want to ask him a question as well.

Just thought I might give you a chance to give an update on a couple things that we've heard just through uh citizens' comments and and this conversation.

Do we how much of this project has been completed today?

A very small percentage.

The alleyway that uh Mr.

McKinney was talking about was almost finished, but the contractor's gonna have to redo some work near his Airbnbs and the ribbons finished.

Um the alleyway that we are talking about with the gas leak is not that alleyway, it's actually the one uh between 13th and 14th on and adjacent to ENO.

They had just got that one dug waiting um that day that we came out on May the 8th because of this issue.

They were looking at getting an inspected by McClellan to have the dig approved and then start pouring concrete.

So we are at less than 20-25 percent.

How many other issues has there been?

There was some um issues that were on the um the alleyway that's on Grand Avenue between basically uh Mr.

McKinney's Airbnbs and Darby Middle School all the way up to um just past the uh Dollar General close to McDonald's.

Uh we surveyed that with city administration was on site with McClellan Engineers and the um project manager for Western Millwright along with Todd Mickey's um engineers uh to address some issues.

Uh Matt Meeker was there, basically took the tour, um, and we indicated what was um needed to be changed and then redone and Western Millwright agreed to all of it and agreed to redoing the portion of the alleyway that needed to be done on their own dime.

Okay, and did that work get completed?

No, it did not, because it happened on April 24th, they were already moving with their project timeline and then looking back to get, I guess, additional materials to uh finish the portion that they were going to redo.

And could you speak to the telephone pole and the concrete being poured directly up to a telephone pole?

And as far as those I know they're being done to specification, I can go to uh Matt Meeker on that or even McClellan, it'll be the better to answer that question.

Thank you.

There was more than one uh power pole that was poured around.

Um you know it it's not necessarily uh something that could be uh uh avoided completely, but uh it wasn't not uh it wasn't done properly in all instances, so uh if it we it was something we had to do, uh it needs to be surrounded by expansion joint material and everything, and one of them had been done properly, and another one had just been poured up around it.

I believe the one Mr.

McKinney was referencing.

Uh but there was a lot of other issues I noted out there on what had been poured.

I mean, alignment was for lack of a better term, terrible, and everything.

It was uh it was poured way too high, there were gates that wouldn't open, there was garage doors that wouldn't open.

Uh there were driveways that were not done in accordance with our standard drawings, they were also too thin.

Uh it was just poor workmanship throughout, is what I saw.

There was the welded wire mesh, which was meant for reinforcing, was at multiple locations in order to be at the bottom of the concrete instead of the center.

Uh it had not been picked up or not been pulled up like it was supposed to have been done.

Uh uh there was poor forming practice, it was noticed and looking at the edge of the concrete, it was just a ton of issues.

And did these issues get fixed?

I'm sorry, what and have these issues been remedied?

No, because they were so they were uh greed and we're supposed to fix these issues and remedy these issues, but it was just a few days later when we had the whole gas line issue occur.

Yeah, thank you.

Thank you, Mr.

Meaker.

I appreciate it.

You know, I think if you want it bad, you get it bad.

We're early in this project.

The project is a great project, it deserves proper work, and uh when you think about the severity of the resident that was at risk with the safety valve being compromised or even bypassed.

Um for me, I'm in a support of what staff has brought forward and to uh make sure that we do this right.

Thank you.

Thank you, Mayor.

I agree with um Director Kemp.

The project is a great project.

Um, and thank you, Matt, for the information that you shared um upon the on the conditional seminality at work.

But um, I actually attended the um CPRG update public meeting at Elm Grove.

And uh Mr.

Robertson, uh I believe you might still have that.

Is that the pipe that you brought to that meeting at Elm Grove?

Can you show that to the board?

So okay, okay.

Like you couldn't see like there's stuff there was material on top of it.

Okay.

That wasn't possible, it could be five.

Was there um oh I'm gonna screw it right here?

Were there others that were like that?

Yeah, do you mind?

Yeah, he's coming up.

Good lord.

That's that's so after the initial break, and then the self-repair, and then that was repaired.

Um the crew notified me, so I went out there personally to uh address the the safety issues because when they brought that they showed me the piece of pipe and we can't we can't tolerate that.

So I went out and had a conversation with the crew, and I asked them bluntly, I said, is there any I had this piece of pipe with me.

I said, Is there anything else out here like this?

I need to know right now.

And he said, Let me talk to my guys, and I'll get back to you.

So okay.

So he came back to me and said, There isn't anything like this, but we need to we need to talk.

I said, Okay, let's let's take a walk.

So we walked down the alleyway, and he started pointing out that's broke, that service line's broke, that's broke.

We smell gas right there.

So we found four more that day.

That had been damaged.

And whenever I found that is when I notified the city and and I stopped work.

Thank you.

I've heard enough.

I'm ready to vote on this.

Any other comments from the board?

Mr.

May I'll speak to the live is the first life of any mention other than the one gas.

This is actually the first opportunity to contractor as a at wall.

Yeah.

Performance issues.

Sir, could you come to the microphone?

I'm sorry.

I figured I was lucky if you didn't, you know, throw me out.

This is the first opportunity we've had to address any of these issues.

I have a report from them about this issue that mentions nothing about six other lines.

And the other issues we're talking about the telephone poll.

They may be in the daily reports, but the as they said, we had a walk through.

We'd already agreed to fix those.

We can't fix them because we've had a stop work for them.

Thank you.

Okay.

Any other comments?

Madam Clerk call a roll.

Directors Christina Kitsavis.

Yes.

Settle?

Yes.

Martin.

Yes.

Rego.

Yes.

Good.

Yes.

Kemp.

Yes.

George Kitsavis.

Yes.

It's approved.

Seven in favor and zero opposed.

It's time we'll go to item four.

Item four has been revised from the version included in your agenda packet.

This is a resolution authorizing amendment number one to the agreement with Garver LLC in the amount of sixty-nine thousand seven hundred and seventy-two dollars for engineering services related to the 2020 SSA Remedial Measures Project Number 25-09-81.

Director of Engineering Todd Midgee will address this item.

Thank you, Mr.

Beamman.

This is a consent decree project consisting of the design and remediation of replacement approximately 10,600 linear feet of sanitary sewer pipe and three mainholes.

During the design, it was identified that uh an additional eighteen hundred linear feet was undersized in the project that we found during the design, the previous parts of the design.

So out of a matter of expediency and to save money in construction, we elected to uh propose this amendment to the design contract with Garver, and this is separate from the Mazard sewer treatment plant.

This is completely separate for $69,772 to design an additional eighteen hundred linear feet so that we don't have to come back in another consent degree project in five years and do it and rip it up again.

Thank you.

Any citizens' comments, Madam Clerk?

None indicating.

Motion to adopt a resolution as revised.

Second, second, comments from the board.

Please call the roll.

Director Settle.

Yes.

Martin?

Yes.

Rego.

Yes.

Good.

Yes.

Kim?

Yes.

George Kittsavis.

Christina Kittsavis.

Yes.

It's approved.

Seven in favor and zero opposed.

Number five is consent agenda.

Mr.

Dingman.

Thank you.

There are ten items on tonight's consent agenda.

We have an ordinance authorizing conveyance of real property to Raymond Fondron.

A resolution designating a portion of Towson Avenue as Bobby Crabtree Boulevard in honor of Bobby Crabtree.

A revised resolution authorizing submitting a proposal to the defense community infrastructure program for potential funding of a portion of Lake Fort Smith water trees water transmission line.

A resolution approving an agreement with adopted charger for electric vehicle charging stations, a resolution approving an agreement with the Fort Smith Housing Authority related to financial assistance for infrastructure associated with the Bailey Hill Redevelopment Project.

A resolution authorizing an agreement for engineering services associated with the 2026 Master Street Plan, a resolution approving settlement agreement regarding easement acquisition for the Lake Fort Smith water transmission line phase three, an ordinance abandoning a public access easement and a portion of a franchise for utility easement on lots three through eight and 10A of the professional plaza east in Fort Smith.

An ordinance declaring an exceptional situation and waiving the requirements of competitive bidding for purchase of a Wheelow submersible pump and motor for the Peace Street wastewater treatment plant.

A resolution accepting change order number one with Steve Beam construction related to the construction of the Creekmoor Park tennis court improvements.

Okay, thank you.

Any items uh madam, are they any uh citizens' comments?

Um we do have several for multiple items on the consent agenda.

Okay.

If we will start first with item five A, we have Ray Fondron here to answer questions, and then first speaking is Gary Podgerski.

Five A.

Five A.

B.

Yeah.

Sorry, uh, I didn't realize you were I was confused.

So my comments here, by the way.

Uh nice to be back.

Uh your favorite malcontent is back.

So um not uh not necessarily a good what four or six weeks that I've been gone, but uh I'm I'm back.

Oh Lord.

Uh I I can't even believe that I have to come up here and say this.

Are you guys crazy?

All right.

Does anyone up there honestly believe that anyone behind me is willing to say, hey, what a great idea to do this with a no bid?

Your track record you you talking about A?

I'm talking about A.

You want to declare an exceptional situation?

We're having the requirements for competitive bidding.

We're that we're we're given property back to with no bidding, the people that donated it to us.

Okay, so there's no dollars or anything involved.

They gave it to us in hopes that there would be a park.

No park has ever been developed.

They've requested it back.

Okay, all right, because when I see no bidding, and you know, I'll be back for I.

Okay, very good.

Okay.

And then last for 5A is Shane McKinney.

I just really wanted to ask a question about that.

So when somebody gives something to the city for the purposes of parks or whatever cause that is, um, what is the process look like for that donation?

What's the expected time frames?

What kinds of things are there?

I I really just don't know.

So could you fill me in?

I would say to that that it's been all manner of treatments over the number of years, and we haven't really had that uh occur in a recent history.

And so uh I think you know as it stands, if it were if a if a new situation were to arise and that were to happen, we would make the documentation of all elements and expectations clear in the paperwork that uh approved and accepted the conveyance.

Um it wasn't always necessarily done, and so sometimes when we look back at the history of the documents that were in place at the time, sometimes we find the the things we're looking for, sometimes we don't.

And I I'd say that the process would be uh better better prescribed and documented currently than it maybe has had been done in the past.

So I've seen a park in uh in Van Buren before that seemed like it was used for uh financial gain within a donation structure, and it just didn't.

I don't think that's what's happening or any, but what I was curious was what kind of safeguards we have into place to make sure that this isn't something that could be used for uh financial benefit or give something to the city for a while, don't have to pay taxes, knowing you're gonna get it back.

I just wondered what kind of oversight is there for for those things.

I think if that I think at this point, you know, related to this particular situation, it's up to the manner of the members of this board to then determine you know what was what were the intentions, what what is the situation the city has and involved with this property?

What are our obligations if we continue to own it?

What are our expectations of ever developing it?

And how long has the property been owned by the city?

It's 2005.

2005.

Thank you.

Is anybody anybody on the board at that time?

Okay.

Director good.

Thank you, Mayor.

Um, I actually attended that parks meeting, and the parks commission did have quite a bit of discussion about this, but they all were in concurrence that the property was given and should be given back.

But there's some other details that um Dr.

Sarah Dusser might want to point out about some of the discussion that took place about Fondra Park.

Sarah Duster is director of parks and recreation.

Yes, so one of those points that was made during park commission is yes, we were given the property with the intent to develop it into a park, and as Jeff said, sometimes those details don't make it into the deeds, and in this case it did not.

And what I said of the park commission, you know, kind of where we are now, it is currently serving no public benefit to our city.

It's not, it's just a pretty much a piece of land that we're maintaining.

You know, the Fondren family has reached out, and if we can give this donation back to them and they can have it benefit the city, then I think that's a win-win.

What that looks like, I don't know, but what I do know is we have no purpose for it.

So it will continue to sit there, or we can give it back, and maybe they can benefit the community.

And the park commission was in favor of that.

Thank you.

Okay.

Madam Clerk?

For item 5B.

They they put the date, but they did not put the name.

Did someone sign in for 5B that did not fill out a name?

Joey McGutchin.

You didn't follow the rules, Joey.

I was trying to trick you.

I can't believe that.

I cannot believe that.

Uh well, I just want to want to uh thank y'all for uh and particularly you, Neil, for bringing and honoring uh Bobby Crabtree.

Uh because uh he was still here yes, Bobby's back on the back row.

Yeah, could you Bobby?

You come up here.

Come up here, Bobby.

Yeah, global offense.

Oh, yeah.

I'll give you a hundred bucks if they took one swing out of it.

Hey, if you're offering that up, I think they might be have a lot of takers.

I have a lot of takers.

I tell you, he's he's still as stout as he was back in the day.

Uh but uh uh, you know, when I when I was growing up, I always went in my dad's pharmacy, I always saw this guy training, and my dad always talked about Bobby and uh and still today he works out every day, and you know, I I would ask that the board uh amend the resolution uh to give him his due a little bit more.

Uh you know, he was the 1995 WBF cruiserweight champion of the world.

I mean, I mean yeah, he had 93 professional fights.

Bobby uh he didn't go through the amateur ranks like most fighters do.

He went straight to the professional ranks and is is uh his agent come on up.

Can Sammy come up?

Sammy's this Sammy.

I I guess would you say is is the manager.

Go ahead, Sam.

Thank y'all for tolerating me again.

I want to tell you how he became cruiserweight champion of the world in 1995.

In November, late November of 1994, Bobby Crabtree was training for the match on February 10, 1995 against Kenny King, who had had 30 fights, no defeats.

He was cruiserweight champion of the world.

Bobby was training Don King.

Do you know who Don King is, the fight promoter?

He called Bobby said, said Crabtree, I got you a match in 10 days in Mexico.

Mike Tyson was still in prison.

King Ippatin was his replacement with a record of 14 wins, no losses, a heavyweight matchup in 10 days.

Bobby gained the weight to qualify, heavy, flew to Mexico, and in December, went in the ring 26 seconds, y'all.

This is Mike Tyson's replacement.

Don King's heavyweight hopeful.

Knocked him out, and if it broke his ankle on the way to the canvas, never regained his boxing stature.

And I tell you another thing.

Don King had made several offers to Bobby Crabtree to leave Fort Smith, become one of his fighters.

Bobby kept saying, No, this is my home.

I'm staying here.

Well, the thing is, Bobby, two years earlier, in 1993, had a matchup with Kenny King and lost that fight.

He was one of Kenny King's 30 wins, no loss record.

But in 1995, Bobby beat Kenypetan December in a heavyweight matchup.

Flew back home after he won that, continued to lose weight and train for the February 10th, 1995 matchup with Kenny King.

It was a three minute rounds, 12 rounds.

Y'all try that.

I can't do it.

I couldn't make a minute.

But I'm telling you, 12 rounds went the distance.

Bobby won the decision.

Here's the cool thing, y'all.

Bobby Crabtree's personal and professional life brings a lot more together than what we know.

That match, did any of you know that Fort Smith was a boxing mecca?

Hot Springs, Arkansas, boxing Mecca back in the day.

It came through here.

It flew flowed through here.

That matchup was right here at the convention center.

Bobby Crabtree became cruiserweight champion.

The WBM, cruiserweight champion of the world, right here at the Fort Smith Convention Center.

Also, they were filming the Tuskegee Airmen at the time here local.

Lawrence Fishburne, Cuba Jr.

Gooding Jr.

attended that matchup.

It's on film.

You can see it online.

But Bobby in 1995 became cruiserweight champion of the world.

You know how he did it.

In an interview that uh Professor Higgins and I interviewed him 12, 13, maybe 14 years ago.

Professor Higgins said, Bobby.

How'd you do all that?

He said, I just took what I had and tried to be the best I can be.

Folks, don't that speak volume?

It does.

That's more than true grit.

Let me tell you, you know, Charles Portis, when he wrote the books, True Grit, great books.

John Lane, Jeff Bridges, the movies they did, great movies.

But keep in mind that true grit started as fiction.

And because of the community of Fort Smith, Arkansas, and the river valley, Van Buren also is part of this.

Bobby Crabtree further defines true grit.

And in his personal and professional life, being loyal to his hometown.

He gives True Grit a true definition.

And so Bobby has been adopted coast to coast as America's true grit fighter.

And you know, he deserves to have his own boulevard.

Thank you.

Thank you.

Thank you very much.

Thank you so much.

I just wanted to say one more thing.

Bobby, you know, Bobby went through 93 fights and and he sacrificed, and Bobby has a neurological condition.

Uh but but in true true grit spirit, it hasn't slowed him down.

He works out every day of his life.

And I think that's what what the values of Fort Smith are, and Bobby's a fine representative of those values.

Thank you.

Thanks for being here, Bobby.

Good to see you.

Moving on to item 5C, we have Sarah Harrison.

Good evening again.

For the last six months, I have met with people around Fort Smith discussing infrastructure and encouraging our city administration to pursue every possible outside funding opportunity before asking residents to carry more financial burden.

I spent a great deal of time researching all of these issues because I believe that Fort Smith deserves creative solutions and long-term planning.

That is why I'm genuinely encouraged tonight.

By moving forward, excuse me, by moving forward this 12 million federal funding request for no, need some water, excuse me.

We are taking a step in the direction that most importantly, a step in the direction that our city needs.

But I appreciate their willingness to sit down, have a conversation, and listen to residents.

That is how progress happens.

When I talk about infrastructure, I'm not only talking about pipes.

Strong infrastructure helps ensure our community remains prepared to support missions that matter not only locally, but to our nation's security as well.

We definitely have our work cut out for us.

Thank you.

For item 5D, we have Patrick McGuire.

I'm sorry.

I'll have to hear that this item.

Oh, okay.

So Ms.

Harris just spoke to um speaking with staff and how moved she was that staff would take the time to meet with her and discuss some of these issues pertaining to water and transmission lines.

So earlier there was some uh comments made.

I think Director Neil Martin also spoke to uh a grant uh that was supplied by um was it Bozeman?

Okay, correct, yes.

Okay, well I know that that we've listened to to more uh grants being filed for and us receiving more funds than that.

Um so if I could could I call Chris up here and speak to that just briefly on what kind of um grant funding we've received for these water projects, that on the agenda, yes.

Quest point approved.

Thank you.

If you would can we wait in the director's comment.

We could okay, why don't we just do that?

Go ahead, Ms.

McGuire.

Thank you.

Uh in December 2024, the subject of EV chargers came up at that point in time.

I addressed the board on the topic at that time, and I laid out a strong case against EV chargers.

I don't laid out several facts to explain why this would be a total folly to go ahead and pursue this.

In spite of my well-laid case about why it would be a mistake, the board went ahead and approved the matter anyway.

As a result, I contacted Lee Zeldon, the head of the EPA, explained the situation to him, and asked that he withhold the funding for that project.

Today we are back here again.

And as per the um uh email from uh Joshua Robertson, the Francis Energy Company, who is the uh company that was originally selected for this EV project.

They have, and I quote, informed the city that it would not be able to move forward with the project due to changing market conditions, federal program uncertainties and capital constraints.

My case originally was on the fact that the EV market is dead or in his death throws.

Here we are 18 months later, it's even further into its death throws.

There is no EV market, is it's fiction effectively.

Major manufacturers have totally stopped manufacturing them.

Uh others have indicated that they intend to.

So the board be wise to vote this down, but in the end, um really doesn't make much difference.

I'm sure that Mr.

Zeldon will be equally as enthusiastic about this project this time.

Thank you.

For item 5E, we have Mitch Minick to answer questions, and then we have Chris Cadelli.

Uh yeah, I would just like to voice my opposition to this funding.

Um it's my understanding this is going to come from the bridges, streets and drainage fund.

Um, you know, that funds already had dollars reallocated back in 2025.

Um, and anyone that lives here in Fort Smith for any time understands any time we have even a moderate rain event, we have flooding all over the town.

I mean, it's, you know, uh social media becomes flooded with video pictures concerns over residents having to deal with stormwater uh flooding issues.

So I just you know I don't understand why we would take a million dollars from that fund to fund a you know what I what I'm assuming is a private development.

Um I don't think other developers get that kind of taxpayer funding for roads and curbing and and the such.

So anyway, I'd I just would like to voice my opposition.

Thank you.

Next we have Crystal Cadelli.

The Fort Smith Housing Authority already gets funds from the city from the block grant, and I think that this um is a very bad look for the city to even entertain that we give um funding to a private development for roads and curbs.

I'm sure that some of our big developers uh like Rocky Walker, Justin Green, Rouse Coleman, I believe that they would all gladly take a million dollars for their developments.

Um I also want to echo that drainage is a real problem.

We're already taken away from streets, drainage and bridges with the new tax reallocation.

I don't think we can afford to keep taking.

We also donated this land in 2012 to the Fort Smith Housing Authority and approved a half a million dollars to them back then.

So I just I it just seems um crazy to me that we would entertain this.

Uh I also, if we do have the million dollars, it should go back to the police department, as Mr.

Fiatt was saying.

We have plenty of ways to spend it to solve cases.

Um, or it should go to a pumper truck for station 11 and bring our nine firefighters back.

Uh I just don't think that um we we need to get out of the private business.

The city needs to get out of private business and let developers and private business owners run their business, and we need to run the government.

Thank you.

For five F, we have Andy Postrick.

Hey, uh thanks everybody.

My name is Andy Postrick.

I love living in Fort Smith because of the fire department.

I emailed them like I don't know, two days ago, Sunday night, and I asked them for six thousand sixteen thousand line spreadsheet, and I had it in my email today.

It's just like that.

So thanks to the fire department.

Um if you guys know anything about me, I I am tremendously passionate about roadway projects, uh safety around roadway projects, and uh I'm excited about this.

This will be a learning experience for me uh because I've never seen uh master street plan.

I'm not usually a fan of master plan anything, um, but I'd like to see this one uh uh how the process works.

Uh one thing about uh sort of my movement is good roads are important.

When I heard about this alleyway project, that's not a good road, that sounds like a bad road.

Uh so I would uh ask that in order to make sure we have somebody looking at this project and making sure that everything's going okay that the city commit to putting somebody from the the city planning department on the uh technical advisory committee, and if you could commit to that tonight.

Okay, thank you.

And then we have for five F.

We also have Christian, is it Lance?

And then Alan Deaver for to answer any questions for five H, we have Larry Yancey to answer questions.

For five eye, we have Gary Podgerski.

Matt here, so okay, just to confirm, Director Martin, trying to spend money this time, right?

Correct.

Okay.

Are you guys crazy?

Okay, all right.

I cannot believe that you guys really want to do anything on a no bid.

And I read the the paragraph again, and I looked up YLO pumps and all that good stuff, and obviously I'm not going to get the commercial thing that you're looking for for a hundred thousand dollars.

I'm looking at eight hundred dollars or Amazon or whatever.

But there no way can I support, and I'm guessing most of the people behind me are not going to support a no-bid project from this board ever again.

Thank you.

And then last for five J, we have Andy Andy Hannah to answer questions only, and that's all.

Okay.

Thank you very much.

Uh it's just time we will entertain a motion to adopt a good senate agenda with item 5C as revised.

So moved.

Thank you.

Second, Mr.

Mayor.

Yes.

I did have a comment I'd like to make on 5D if that's in order.

Yes, go ahead.

I just wanted to point out a couple things as it relates to item 5D that I think are noteworthy in the um contract contract agreement underneath uh in item uh clause 2.6 uh article 2.6.

Uh the company, the adopt a charger company is responsible for maintenance for uh the first 15 years uh of those um chargers, and then uh as was stated in the memo, uh Fort Smith citizens are gonna have the opportunity for free charging at those stations for three to five years, um, and a couple facts just about uh electrification from uh DFA uh from the state.

We've had uh electric vehicle registrations up a hundred and sixty-six percent in our county since 2020, and there are over two point eight million passenger electric vehicles registered in the state of Arkansas.

So obviously, uh Fort Smith is a place people travel to and from and go through, and having infrastructure for those people uh through this grant would be a good thing.

Thank you, Mayor.

I think director director Kemp.

Yes, Mayor, I just had a comment on B and a question on I.

Did I mean to proceed?

Okay, yes.

Uh one to Mr.

Crabtree.

Uh what an honor tonight just to have you here.

Thank you for your patience.

You've sat through a long time tonight to get to consent agenda B.

And uh I went to Cavanaugh Elementary School and with his uh daughter, and uh over the years just always uh how proud we were as a whole school of you and and who you were as a hero.

Uh thank you, sir, for not leaving Fort Smith.

Thank you for being River Valley strong and just supporting us and uh man, Mr.

Jackson is a promoter.

I mean, uh really did a great job.

What it but you know, you're you're it's stories like yours that are easy to promote, and uh what an opportunity it is to vote in support of that, and thank you for what you're doing, and and and you've been for Fort Smith.

Um so that's my comment to that.

My question on I is why we're waiving competitive bidding on the project, and I was gonna see if somebody could speak to that from staff.

Certainly, I'll introduce uh Raul Roll, if you wouldn't mind introducing yourself and your position and then addressing the question, please.

Good evening, everyone.

My name is Ral Haluto Krell, and I'm with the Bar Resources.

Can you hear me now?

Thank you.

Um I'm Ralph Dokral with the department of war resources, and I'm the deputy director over there.

So, my question to you, uh sir, thank you so much for being here tonight and your patience being through the process tonight as at 9 15.

I can you speak to why this the waiving of no competitive bidding?

So when we were obtaining the quotation from ViLO, we did ask for the soil source, and that sole source letter is included in the bid package, and usually when a manufacturer goes to a channel of uh uh a distributor, they have only one dedicated for the state and hands pump and equipment is the dedicated sole supplier for that equipment in Arkansas.

Okay, um, and then I did think about uh can administration comment on qu on on E.

You know, we talk about the private development question.

Is the city by by us approving E being a part of uh a private development?

And could we respond to why we would be involved in this uh approach?

Well, it is a bit unusual.

This is a uh Fort Smith Housing Authority uh development.

Um, but I mean to the to the point is uh if this were a private development, then it would be on the developer to to install the infrastructure.

Uh I think with this particular can when starting with the conveyance of the property uh from the city's ownership to the Fort Smith Housing Authority.

I think discussions even at that time were if and when this this project moved forward for development with the city then be a participant in the in the infrastructure costs.

And you know, for uh for in the years since then we've included this funding on the capital improvement plan uh for the streets bridges and drainage CIP uh in terms of having the dollars ready to get for this this particular project when the housing authority moved forward with their development.

Thank you, Mayor.

But do you mind do you mind leaving time to that mayor?

Do you mind?

So, Jeff, I mean, I've been here when we donated the property, you know, and it was a goodwill to donate the property.

At the time we were told stuff was gonna be done sooner than it has things have changed since then.

We have reallocated some of that tax to to sewer.

I struggle with this one.

Bring it to the board without even typing a study session on this one because this is a good opportunity to talk through it because you're already giving almost $500,000 in water and sewer through grants already, and we donated the property years and years ago for development.

It hasn't happened.

So I struggle with this one completely because it should have came probably to a study session, talked through it, understood it because when we originally did this, we had a full penny.

Now you only got five eighths.

We gotta be selective on properties, you know.

They gotta be streets, drainage, stuff like that.

And so I struggle with this because of that.

And so uh when we get done, I'm gonna make a motion to table this and move it to a study session.

Just telling the board.

So then we do have members uh representatives from the housing.

I get that, but it's nine, it's nine twenty at night on a Tuesday, and I'm getting a little tired.

And I I think the best thing is to pause, go to next Tuesday, bring it up and talk about it.

I'm in agreement.

I agree with that.

Okay.

I do have a question on D.

What's if we get some time on that.

Uh, question on C.

Is this this grant this $13 million grant for water?

Is this in coordination with the Roosevelt group and converge strategies?

With the Roosevelt group, yes.

Uh converge strategy, I mean that project that Converge worked on is complete.

Uh we will rely on the results of that in terms of uh substantiating our application.

If that's to identify infrastructure needs now, this this particular uh the the base that this project most directly benefits is Fort Chaffee itself, not necessarily ebbing.

And so the the MERB grant the resiliency grant focused for that converge worked on focused specifically on ebbing.

This this project um serves directly the Fort Chaffee.

So, so is this did Roosevelt group were they involved in this?

They are, yes.

They're they're yes, they're the ones submitting this.

They were they were submitting it.

They're working, they're working on the language with us.

We've met with them today, they were in town, and we had that discussion today.

Is this the one that we applied for last year and didn't get?

This is a different project, a similar grant program, but we were not working with Roosevelt Group when we applied, but I think it was two years ago, and we did not uh receive the grant.

So is Taryn in town?

He was, I believe, Chris.

I believe he's left.

Okay, Chris is something Chris.

Yes, sir.

Um yeah, so that this is the defense community infrastructure program uh through the Office of Local Defense Community Cooperation.

Um so uh if you recall, I believe it was it was before my time, I believe it was in 2020 early 2023.

Um the uh at the time the city did apply.

Uh we did not get it.

That project was for I think uh Towson um and some work to do there.

Essentially, uh one of the reasons that we didn't did not get that is because within the eyes of the local office of local defense community cooperation, um, we there needs to be foundational base.

And so the MERS study that we went through is that foundational base, so we are able to take that and show the study from Converge, yes.

Okay, yes, sir.

Keep going, I didn't mean to cut you off.

Oh no, so that we can take that and then we can take it to other agencies and say, hey, we got this study done by the an agency funded uh within the DOD, and say, we can put it in with the grant application and say, hey, we have the study done.

If you'd like to see it, we can show you that.

Okay, I'm I'm really interested to see if we get this and if our investment in Converge and Roosevelt pays off.

So thank you.

Yes, sir.

Now I'd say that uh, you know, um Taryn uh who is with the Roosevelt group, um, he is high mighty contacts uh and he used to work specifically for the Office of Local Defense Community Cooperation cooperation.

So his insight and helping us develop our application is crucial.

Yeah, thank you.

You're welcome.

Mayor, I just have one quick question.

Well, get I think direct settled.

Well, hey, come here.

On item D, the electric charging.

Who's paying for electricity for those?

That's uh who would answer that to us, I'll go to George on D.C.

I understand it's a grant for the charging session, maintenance, all that, but there's somebody's gotta pay for electricity.

It'd be the contractors to adopt a charger if you approve the agreement, then with the grant money and also there they're gonna be paying for the electricity.

They're gonna pay OG and for the physicality.

Yes, sir.

For how long?

Uh for five years and up to 15.

That's a for sure deal.

Not costing us anything.

No, sir.

Okay.

Thanks.

Mayor, do you mind Joshua?

Thank you.

So D, uh I I struggle a little bit how we go from 14 to 20 by changing a vendor.

And the vendor that was there said, hey, we don't want to do this, it's not feasible now.

And other companies that say we're gonna do this feasible.

So my question is, um, are the chargers a universal charger?

Are they only for Tesla?

Are they gonna be for the Chevies?

What type of charger is it gonna be for?

Universal.

Universal.

So any any car.

Yes, sir.

So since this is approval, I've seen some reports to where people are now cutting out copper out of chargers.

So what happens if a charger is damaged?

Are we on the hook?

No, sir.

No, Dopper charger is taking all the risk and maintenance and operation.

They put a little bit into their budget for um any kind of vandalism, uh, but they are insured as well.

Okay.

So you said five years guarantee no free electricity for anybody using it, and then up to some number.

What happens when that grant runs out and there's now no free electricity?

Are they gonna start charging people?

Yeah, as we so even with Francis Energy, the first um company that we went with was going to charge day one when they were uh being charged.

The first three to five years, um they've seen a loss on their side as far as it can take thirty, six hundred dollars a year to uh pay for the service of charging with credit cards, and then only gain twelve hundred.

So they're wanting to get people to come here, use these, be a hub, and then after three to five years they will charge uh a fee for the uh cost of charging.

But will the city ever be on the hook three to five years from now for any damage?

No, sir.

No, they they we are paying with the grant money, they operate, maintain these chargers, and if the contract expires, it's in the agreement that they will remove the chargers and restore the site as it was before.

Okay.

Last question I'd like to know is do we have a map of the city of the existing chargers locations as they are today?

I can get those.

I know that Marriott and and um then the even people in their homes can actually put these for public use.

Yeah, I'm not really I'm just worried about businesses today that have chargers because I'm starting to see them more into like Bucky's and other locations like that.

Okay, thank you.

Yes, sir.

Reggie Kemp.

Yes, Mayor, just uh briefly, if it could, I'd like to ask Mr.

Minick if he could come just because I thought we went to E, then we went back to D, but on E, uh the comment I think may lean to that this speaks table, but can you respond to why this is taking so long to develop?

And would you like to quickly clarify uh anything that you think you can bring great clarity to this?

Certainly, thank you.

Uh Mitch Minute with the Fort Smith Housing Authority.

Um, thank you for the opportunity to speak real quick about this.

Uh the project originally was put together in 2013 with a donation from uh from the city of Fort Smith of the property to the Fort Smith Housing Authority with the intent that the Fort Smith Housing Authority would handle uh the demolition and site preparation, and that the city would participate as a partner with streets and drainage, and then the housing authority would fund the additional uh utility cost and water costs uh utilities uh for the project, and it initially was uh put together as a rental development, and uh there was an unsuccessful application for funding for that, and so it did not move forward, and it was removed from uh the CIP, I believe, in 2015.

Uh we then looked at the project, we had an opportunity to get put together funds to handle the demolition back in 2022, uh 2023, and we put those funds together prior to the demolition, no city funds were uh expended on that property.

Uh, the housing Authority had maintained that property for uh those 10 years.

We applied for community development block grant funds uh to help with the demolition.

We got about three hundred and twenty thousand dollars of CDBG funds to help with that, and the housing Authority covered uh the remaining uh around four to four hundred and fifty thousand.

It was about an $800,000 project to demo that uh old reservoir.

And in 2023, the city board put and adopted back into the CIP the funding for the infrastructure work for water, or I'm sorry, not for water, for streets and drainage at the property.

And we completed the demo project and we were ready to go in early 2024, mid-2024, and in talking with the city's engineering department at that time, they asked us to include uh to have our engineer include improvements on South S Street that were needed, and so that delayed the design of the infrastructure work because instead of just us designing a street for the subdivision.

We also had the engineer design the improvements that needed to happen on South S, as well as some sidewalk improvements along South 16th Street.

So that was part of the delay in the project getting getting designed.

And then we also experienced some delays uh going through the approval process uh with the utilities department, and that's what brought us to where we are today, and we have we went through a competitive bid process, we had six uh competitive bidders submit.

Uh the winning bidder was Forsgrin construction, and uh it came in um well under the engineer's estimate, and with the city's um commitment of that million dollars in street funds that was put in the CIP and approved in 24, 25, and 26, uh, you know, already approved, um the housing authority will cover the remaining seven hundred and fifty-four thousand dollars of that construction contract.

Uh the agreement that's before you all today uh is really uh just the formal agreement of those funds that have been committed to this project.

Uh Forsgrin is ready and prepared to start work on Monday, and so if this is pulled from this agenda item, this agenda item is pulled from the consent agenda and tabled to a future study session that will delay the project and put you know the existing contract that was competitively bid at risk.

So I would ask that the board keep this in the consent agenda, approve it.

If you want to pull it from the consent agenda, uh I would appreciate you know the ability to talk about this and have it voted on tonight because we do have the contractor ready to start work.

Thank you.

Are we gonna pull item D or not for a study session?

I make a motion to to table item five E.

Five E.

Okay, I'll second that.

To a study session to next week's study session to discuss okay, can we call the boat now so we don't spend a minute here?

We've been here.

Let's just finish.

We got session.

This is the motion to table item five E pending a study session discussion.

Yes, directors Martin.

Yes, Rigo?

No.

Good.

No, Kim?

No.

George Kitsavis?

Yes.

Christina Kitzavis, yes, settled, yes.

Motion passes for in favor, three opposed.

We finally won.

We won one.

Yay.

Mayor, we uh now we got a motion second on the consent agenda items that remain.

Yes.

Uh at this time we will vote on uh we need a uh a motion to adopt the consent agenda.

Motion to adopt consent agenda second.

Okay.

Any other comments from the board?

Madam clerk, call the roll.

Directors Rego, yes, good, yes, Kemp?

Yes, George Kitsavis?

Yes, but no to aye.

Christina Kitsavis, yes to A through H.

No to I.

Abstain on J.

Settled?

Yes.

Martin.

Yes on all.

No on D.

They all pass.

Thank you.

All right.

Okay, this time we'll go to the officials forum, and with the time element, we'll just go to we do have a study session.

I mean, an executive session.

It's late.

Uh at this time we were going to adjourn and go to a executive session.

Good idea.

Yeah.

The following have been have been recommended for these boards.

For the airport commission, Zach Lefford, and Eric Pendergrass, for community development advisory committee, Marcus Johnson, Fort Smith Housing Authority, Alex Sanchez, Fort Smith Municipal Employee Benevolent Fund, Bonnie Byers, Future Fort Smith Committee, Barner May.

Bonner May Murphy.

We got it.

Okay.

I didn't miss the last name.

And also for the historic district commission, Jessica Blazey.

Blanzey.

Okay.

Need a motion to adopt those.

Make a motion to adopt those.

Thank you.

All in favor?

Aye.

Aye.

Opposed.

Okay.

If there's nothing else to come before the board, motion to adjourn.

Thank you.