Yeah, he needs to move his car.

If there's a Dan Beardon in the room, we need you to move your vehicle.

Dan Beardon needs you to move your vehicle.

Good evening and welcome to the Fort Smith City Board of Directors meeting on this July 7th of 2026.

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

Um at this time, I'm gonna ask Director Rigo to have the invocation and Director Kim to lead us in the pledge.

Thank you all.

If you wouldn't mind joining me in a word of prayer, Lord, we come before you grateful for the opportunity to serve and be together here in a great nation.

We are thankful for the opportunity that we had to celebrate our 250th anniversary and look forward to many many more wonderful anniversaries as a united strong, independent, freedom-loving, and dynamic nation.

We all serve in our own way, and we all do our cause and our forefathers proud when we speak forward respectfully in dialogue across our differences.

We love you, Lord.

We're thankful for this opportunity, and we pray in the name of Jesus Christ together.

Amen.

Thank you very much.

Madam Clerk, please call the roll.

Directors Rigo here, good, George Kitzavis.

Christina Kitzabas here, settled here, Martin.

Here, okay, thank you very much.

Just I'll ask if there's a presentation from any board member of an item not already on the agenda.

Okay.

Seeing none, we need the approval of a minutes of the June 16th meeting.

So moved.

Thank you.

All in favor.

Aye.

Okay.

Thank you.

I'm sorry if I may.

Could I catch who moved and seconded on that again, please?

It was me and uh Mr.

Kemp.

Thank you.

Okay.

Thank you.

At this time, we're going to go into the citizens' forum.

And we will now proceed to the citizens' forum.

The purpose of the citizens' forum is to provide Fort Smith residents with an opportunity to address the board of directors on any topic related to business or operations.

Speakers shall direct their comments to the board entire board and other attendees are expected to respect each speaker's time.

Rules of decorum with respect to this meeting, citizens' forum and citizens' comments on any item of business are posted on the monitors and are included in the sign in sheet.

Take a look at your sign-in sheet.

Please keep in mind this is a business meeting of the governing body of the city, and all speakers that attendees are expected to follow the rules of the quorum.

With that, we will go to the go right to the citizens' forum, madam clerk.

First, we have Andy Postrick, and each one have five minutes.

And we have several speakers tonight, so please honor your time limit.

Thank you.

Thank you.

Hey everybody, my name's Andy Postrick.

I love living in Fort Smith, especially this recent uh huge increase in citizen engagement.

It's a really good thing.

I know it probably makes some of you quaking in your boots.

I hope it is.

That's good for democracy.

I think politicians ought to be a little bit afraid of their constituents.

I left you guys a little gift, those are my reflectors.

Uh I printed out a bunch of those last year.

I have 600 more on the way this year.

That's for Halloween.

Uh trick-or-treating is the most dangerous night of the year for trick-or-treaters, and so just to increase visibility, however, we can, is sort of the goal behind my nonprofit.

Uh, and then another thing that I have going on, which um uh which I want to talk to Maggie about is I want to put in some benches, and I don't know what the the zoning will allow, but I'm gonna make some benches uh for uh but for bus stops.

Uh the one thing I want to talk about tonight uh is something that I felt like we left unresolved in a prior meeting, which was we were talking about like a tax rebate that we were going to give to the citizens, and that discussion kind of like fell off, and that was something that I was really interested in.

Um, and I was wondering if we could put that back on a study session or something so we can talk about how that will work.

I'm with you.

Yeah, I think that's a great idea.

Okay.

Uh is there anybody else that could we could we get that scheduled?

Because I have some points that I think are um relevant and germane.

Uh the first is the um, uh the there is a legal question.

I think the Arkansas Constitution uh prohibits like direct uh allocation of funds to a private individual.

So I think that would be something that we need to discuss about that.

Um, and then also I would like to discuss about what will tri actually trigger when those uh funds are dispersed, what's the threshold?

That I don't think that we that was resolved.

And then there's the question of how are we gonna distribute this money?

Is it check or is it a credit on the water bill, something like that?

Um, who is eligible for the rebate is another thing to discuss.

Do we want to make it like people who have paid their utilities on time for a year or something?

Um, and then any other requirements.

So I was just that really caught my eye.

It's something I'm really interested in, and I would love if we could at least have that in place, not something that we have to do, but just so if the situation comes up, like if we have a water park and we collect too much sales tax, that we already have a system in place to push those funds to the people who are owed that refund.

All right.

That's uh Andy, it's a great that's a great idea.

It's I think it's something that that I talked about as it relates to general fund revenue.

So um, you know, I don't I don't know what the spirit of of the board was on it, but I think that's definitely something we need to be looking at.

Okay, I'll keep pressing you guys.

I will thank you.

Thanks, Andy.

Next we have Shane McKinney.

I already have a good version that I carry on.

What's my own?

Thank you.

Hi everybody.

Hey, Shane.

So uh in this box, I have 3,400 signatures or petitions signed by voters of Fort Smith.

You guys are welcome to come take a look at them if you're on the board.

I'm gonna ask that we refrain from shouting.

We get comments from those that are listening on the on the TVs that we interrupt them and they can't understand or hear what's going on.

So please respect our speakers.

Thank you.

Thank you.

Can I have an extra 15 seconds or so?

Okay.

You may continue.

Alright.

So um this is this is completely full, it's very heavy.

It represents hundreds of hours of probably over 50 volunteers, maybe 60 volunteers that have worked on this project for months.

We are doing our part.

Um today we were already threatened with a lawsuit.

Um, some of you have already seen that threat.

Uh private citizens are threatening to sue over the petitions being um submitted.

This is the kind of mess that can happen with the petition, is that the citizens themselves can try to silence other citizens through the court if they can just delay until the ballot is finalized, we don't get to vote on it in November.

There won't be enough citizens that turn out.

Then we can sway or we could change this.

I am wanting to protect the efforts of lots and lots of citizens.

I want to protect their wishes to see a vote on this in November.

I don't want to force a change of government.

I want you guys to give the opportunity for everybody that's going forth in good faith to be represented in November with a vote.

So that's that's what we're asking for today.

Some people think we're trying to force the government to change.

We're not.

All we want are the citizens to be able to have the choice in November.

That's it.

Just the citizens to have a voice.

There is no reason any one of you on 250 years of America's birthday, representation and freedom and democracy.

Why would any of you not want the citizens that are here today and the citizens that are watching and the citizens that are not here today to have the choice?

Why would we be afraid of that choice?

And some would say, well, we changed back from a from a mayor-council form of government in 1967 because it didn't work, and those people are incorrect.

We changed from a mayor-commissioner form of government, which isn't even constitutional in the state of Arkansas.

So we are wanting to change to the form of government that almost every other city in Arkansas uses.

I want them to have the opportunity to have a vote in November, and I can't see a reason why any one of you would be against that.

If you vote against us having to vote in November today, you are not voting against the government change.

You're voting against the people having a voice.

Make no mistake about it.

You're not voting against a change of government today.

If you vote against this being on the ballot, you are voting against hearing from the citizens.

And it may be because you're afraid of the citizens, it may be because you're afraid of your constituents being upset.

I don't know what you're afraid of, but I for one trust these people that are behind me.

I trust the people of Fort Smith to be able to make this decision.

Um I think that's something that's fair.

I don't think that's asking too much, and I don't think that's being unreasonable.

I have a lot of other things that I want to talk about.

But until this is resolved, I think this is the single most important issue facing the city of Fort Smith.

Will you listen to the people or will you silence them?

That's what we're gonna find out today.

And remember, a vote against this is a vote to silence the voices of the people in November.

That's that's ultimately what that amounts to.

Next week.

Next we have Joe Elskin.

I really appreciate what you have done in reminding us about decorum because as a teacher of many years of communication, um, I'm really really tired of the harangues, the noise from the audience, the negativity, because if you think about the times that you have been personally attacked even mildly with a disagreement, your first reaction shuts down your ability to analyze.

That is scientific fact.

When you are attacked, you get into the fight or flight syndrome, and that shuts down logic.

So when we are attacking people because they disagree with our opinion, we are defeating communication, problem solving.

We're not making any progress.

I respectfully ask that people be very respectful of your right to hold your opinion because you grew up differently than other people, and you have lived experience that guides your opinion.

Um if we are respectful of one another in civic discourse, then that will create a pathway for compromise, teamwork, and so I I have asked before, and I'm asking again, please consider please schedule a study session and a publicity information campaign to inform the silent majority because every meeting I go to, people are really tired of of this haranguing and and this issue.

Um I would like the silent majority to be informed by a publicity campaign, information about forms of government.

There are good things and bad things about all of them.

The issue is the people who we put into the office, the system can be made right by the people we put into office.

So I I just hope that you do that.

You have a study session to inform people and engage them.

I want to remind you finally of the persuasive power of respectful discourse.

In other words, listening for common ground before you respond.

Stay open to compromise.

We all have things that we agree on.

And please prioritize things that are beneficial to the entire city, to everyone in this city.

Thank you for your service.

Okay.

Thank you, Joe.

Next we have Janie Pugh.

Good evening.

I'm Janie Pughge, Press Secretary for Shane McKinney and revamp Fort Smith campaign.

Before I begin, I want to share a piece of advice my friend told me.

He said if you want your speech to be remembered, start with a joke about local government.

So I looked one up.

It turns out a city administrator, a mayor, and a director walk into a committee meeting.

Three hours, two subcommittees, and a feasibility study later, nobody can agree on who's supposed to buy the coffee.

Now we laugh because it feels a little too familiar, but the truth here is I'm standing here tonight because I love Fort Smith.

I want to talk about how we can make our local government move a little faster than that punchline.

We all love this city.

Our history, our grit, our immense potential.

But if we're being completely honest with ourselves, we have to admit something that has become increasingly clear over the last few years.

Fort Smith is being left behind.

For decades we were proud to be the second largest city in Arkansas.

Today, we are watching our neighbors in Northwest Arkansas, cities like Fayetteville, Springdale, Bentonville, and Rogers skyrocket ahead of us.

They are attracting new businesses, retaining their young families, and moving at the speed of modern commerce.

Meanwhile, our local business owners tell us how frustratingly slow and costly it is just to get a project off the ground here.

We have to ask ourselves why.

Is it a lack of hard work?

No.

Is it a lack of resources?

Absolutely not.

It is our system.

Since 1967, Fort Smith has operated under a city administrator form of government.

For nearly 60 years, we've handed the keys of our city's CEO position to an unelected official.

And right now, as we navigate a crucial turning point for our economy, that full-time seat has set vacant or filled by interim leadership for at least 14 months.

The core issue here is simple.

Accountability.

Under our current council manager system, the person running the day-to-day operations of a city with 90,000 residents and a 300 million dollar budget does not answer to you, the voter.

When power is buried behind layers of bureaucracy, decision making stalls.

Our neighbors to the north move quickly because they operate under a mayor council system.

When a major employer or a new development wants to come to town, an elected mayor can sit at the table, make bold decisions, and champion that project.

If they succeed, the voters reward them.

If they fail to deliver, the voters' replacement.

Replace them.

That is how a democracy is supposed to work.

Changing to a mayor council form of government isn't about eliminating professional management.

Most major cities still employ highly experienced chief of staffs or management roles to assist with those operations.

What it does change is where the buck stops.

It places the ultimate executive responsibility squarely on the shoulders of someone who has to look Fort Smith citizens in the eye and earn their vote every four years.

Thousands.

Thousands of our fellow citizens have already made their voices clear.

Over 3,400 Fort Smith residents have signed petitions asking for change.

This is not a fringe movement.

It is or a sudden win.

It is a sustained grassroots call for more representative local government.

To the members of our board of directors, I say this.

You have the power and the statutory authority to refer this question directly to the ballot.

There is no reason to delay, create uncertainty, or force citizens to jump through bureaucratic hoops just to have their voices heard.

Let the people of Fort Smith decide their own future this November.

The change in our form of government is the spark Fort Smith needs to kick start our economic growth, streamline our city services, and bring true diplomatic accountability back to Garrison Avenue and beyond.

Thank you.

Next we have Patrick McGuire.

Good evening all.

What he also failed to state is that the number of electrical vehicles decreased last year by I believe it was 26%.

This is generally attributable to the fact that the federal government has ceased its uh payment, its subsidies to purchasers of new uh EVs.

They get a $7,500 stipend from the federal government that ceased in September of last year.

As a result, EV sales are down, and as a side note along that line, Ford Motor Company just announced that their EV sales for the first half of this year is down 40 percent.

There really isn't any big growth in uh in EVs.

The other thing he stated, and again I quote, and he said there are over 2.8 million passenger electric vehicles registered in the state of Arkansas.

That's totally false.

There is a total of 2,851 457 passenger vehicles, of which 0.4 percent are electrical, less than half a percent.

These Mr.

Regal's statement was made for whatever reason.

I don't know.

Only he would know that.

But to be spreading false and misleading propaganda in the pursuit of a boondoggle, I think his behavior that's beneath the dignity of this board, and if Mr.

Regal had any honor at all, he would submit his resignation effected immediately.

Thank you.

Next we have Jason Skarbitz.

Good evening.

Thank you for inviting me in.

And since I'm not going to get to read it all because of time constraints, if you're interested in finishing this, go to Facebook and look up Michael White, Arkansas Liberty.

This is a declaration of the second American revolution, July 4th, 2026, when at the close of a quarter millennium, it becomes necessary for one people to dissolve the political bands which have connected them with an overreaching central authority and to assume among the powers of the earth the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect of the opinions of mankind requires that they should declare the causes which impel them to this renewal of their ancient liberties.

We hold these truths to be self-evident that all individuals are sovereign, created equal, and endowed by their creator with absolute unalienable rights, chief among these being life, liberty, the secure possession of private property, and the freedom of voluntary association to safeguard these inherent rights, and only for these defensive purposes, minimal governing institutions should be established among us, deriving their narrow, strictly defined powers solely from the explicit voluntary consent of each individual.

The central powers which now rule over us have completely transgressed these boundaries.

They are no longer just, they have stripped away our right to choose, nor do they possess our consent.

Whenever any system of government expands beyond its defensive mandate and becomes destructive to individual liberty and property, it is the inherent right of the people to withdraw their consent to alter or utterly abolish it, and return governance to a strictly limited voluntary framework designed solely to protect our fundamental rights.

Prudence, of course, suggests that systems long established should not be disrupted for trivial or passing grievances.

Yet history has taught us a darker truth, that governments long established inevitably grow stale, bloated, and systemically corrupt.

While mankind may be inclined to endure institutional overreach while it remains bearable, we now recognize that institutional longevity breeds entrenched tyranny.

When a long unbroken chain of bureaucratic expansion, economic coercion, and administrative overreach reveals a deliberate design to force compliance and reduce a free citizen to absolute subjection.

Patience becomes a surrender of sovereignty and the absolute right and the solemn duty of the people to cast off such illegitimate authority because this entrenched regime has already and entirely forfeited our consent, cease to exercise just power and succumb to the inevitable corruption of age, the hour has the hour has decisively arrived to dissolve its overreach and provide entirely new minimal guards for our future endeavors.

The history of the present administrative state, its entrenched factions and its allied institutions is a history of repeated injuries and usurpations, all having in direct object the establishment of absolute tyranny over those states and their sovereign citizens.

To prove this, let facts be submitted as a candid world.

It has refused its assent to laws, the most wholesome and necessary for securing individual liberty, sound money, and fiscal restraint.

It has forbidden the sovereign states to pass laws of immediate and pressing importance for the protection of their borders, enforcement of their statutes, and fundamental safety of their people.

It has erected a multitude of new offices and sent hither swarms of officers to harass our people, invade their privacy, and eat out their substance through endless regulations, arbitrary permitting, and administrative decree.

It is combined with globalist and non-governmental entities to subject us to a jurisdiction foreign to our constitution and unacknowledged by our laws, giving its assent to their acts, it is kept among us in times of peace standing armies.

Five minutes are up, and thank you for being here.

Feel free to go to Michael White, Arkansas Liberty, if you want to read the rest, and the comments are great too.

Thank you.

Next, we have Joey McCutcheon.

Good evening, Joey McCutcheon.

I wanted to talk to you tonight about uh an issue that's important to me, and I think it's important to our community.

Uh, our community faces growing challenges, homelessness, public safety issues, poverty, hunger, and housing instability in Fort Smith.

This week, a the continuing care, the continuum of care and homeless alliance will meet.

But I think we've got to go deeper than these important stakeholders to solve our problem.

And we, as I told the CBID the other morning, we've got to move to a coordinated effort by everyone to solve the homelessness problems and the associated issues in our community.

And I think is as we have more citizen engagement, uh, where some consider it positive, some consider it negative.

I think we start, we start talking about issues like homelessness.

We start talking about uh the potential water crisis that we've heard about in study sessions.

Uh, we talk about the funding, but I think that we've got to have a leader in this city uh that is dedicated toward to this project, and I think the city's got to be the center of it, and it's uniquely positioned to help lead that effort.

Because that is, I'm not sure if you discussed that in your in your meeting the other day, but that is an issue that is affecting our city, and it affects our the perception of our city.

And there's and I didn't come up with all of these, but I think there's there's issues.

We need we need uh a dedicated and and designated homeless services uh coordinator position.

Uh just like on the economic development side, we need a dedicated economic development person in our city who's not the chamber of commerce to to bring in jobs and to coordinate us.

Uh we need dedicated outreach and navigation services that respond when businesses, law enforcement, providers, uh identify someone who may be homeless in our community.

The city could explore opportunities for individuals experiencing homeless homelessness to participate in community improvement activities, such as litter pickup, beautification projects, landscaping support, or other work programs.

And what about the mental health situation?

Many individuals experiencing homelessness struggle with serious mental illness, substance abuse, trauma, disorders, and crisis stabilization alone will not fix that problem.

Fort Smith has an opportunity to convene hospitals, behavioral health providers, law enforcement courts, treatment providers, hope campus, and other partners to develop stronger pathways to long-term care recovery and supported care.

The goal is not simply to respond to crises, but to reduce the cycle that replied repeatedly places the same individuals back on the shelters.

But until we come together and we get below the surface talk, and and clearly we need laws, but and we and we discuss that in these board meetings, but we need we need to address this problem.

And it's one of the reasons, only one of the reasons that I pushed hard uh for a change in the form of government, at least allowing citizens to vote because I don't think we've addressed this problem.

It's going been going on for a while, just like our sewage crisis has been, just like the water situation will, unless we have dedicated leadership.

Long term stability requires both income and housing, and we've got to address those issues also.

And I'm not saying as a conservative, I'm not saying it's easy to sit up here and say, you know, we need to hire another employee.

But we've got to all come together on this.

The leaders of our community have to come together.

And the community and and our partners throughout the city already gather data, and we've got to use that data through the service providers and track track uh key indicators such as outreach contract contracts, shelter utilization, treatment referrals, employment placements, housing placements, and together we can we can solve this issue that I think is just one example of of something that's that's affecting our quality of life in Fort Smith.

Thank you.

Next we have Raymond Taylor.

I'll say good evening, everybody, and my name is Raymond Taylor.

And like I said last time before, we need to run this city like as a business.

You know, I wouldn't go buy when it's for my house and not have the money to put them in.

I wouldn't let them sit in my yard for a year.

And so we have to make smart decisions.

And the bottom line is I think you guys are um getting all this bashing is not fixing nothing.

It's not bringing business.

We we sit here and talk about Fayoville and be number two.

The reason why is look at their surroundings.

That's what brings businesses in.

Now, Joey, I wasn't going to talk about the homeless, but I get involved with the homeless a lot.

I know pretty much just about a lot of them out here.

I know a lot about them and stuff, but um, and so when we had that meeting the last time when the homeless and everybody came here and and you know I was I was one of these guys that says I'm a job away from being homeless too.

But I called my director and I said, if I give the city 200 million dollars, would that solve the problem?

And he said, yeah, yeah, yeah.

And I said, no, it won't, because all it's going to do is bring on more homeless people.

No, I believe in what Joey said about getting jobs.

Now, here's what I'm about.

I'm I think of like a businessman.

I always wanted to, I always watch this program in Chicago.

I mean, in our in uh Colorado, they went back to the what the roots were.

And our roots here in Fort Smith is the river.

And it's a shame that we never built it up.

And I've been here 32 years, and we have this water problem for 32.

Uh, I mean, since 1982.

Now, I stick up for some of the people, I listen to people like Crystal back here, that I listen, I like people to give facts and numbers and not all the drama because drama is not gonna fix nothing here.

It's just all it's gonna do is cause.

Like she said, people.

If I start here and attack everybody all the time, guess what?

I'm gonna shut down two.

She's exactly right.

That's exactly what happens.

And if I I'm on the difference between a lot of people out here that just want to talk.

If I thought one of you guys are corrupted, I would find all the evidence.

If I had the evidence to prove that, I would take it to the EA myself.

But I don't think not one of you guys are up here corrupted.

I really don't.

I think you guys are pretty good guys, and so for their set out here and get attacked, and I sit out here and talk about business, but then I get a uh then I'm getting paid.

I want to make it very clear to you.

Nobody's paying me a dime, but I care about this city, and I got a lot of history here too, because my great grandfather, and I wasn't born here, but I grew up in Ohio, and he was a marshal here, and it's Zachary Taylor.

It's a great-great uncle, a great-great-uncle, and and that's my you know, that's my uncle, Zachary Taylor was a commander in Fort Smith.

So I decided myself 32 years ago when I came here, I'm gonna live here in Fort Smith.

I think this is a good city.

We need to concentrate on business wise, like Shane said, no, the election, that's not the most important thing.

Fixing our problems is the more important thing, our sewage problem, our water problems.

That's the most important thing.

Because the change of government.

Here, I I guess I listened to one when Martin posted something, and a woman replied, I um what's most the most important thing?

What's the most important thing is I don't care what kind of government I got, I want people that are not corrupted.

I want people that look at the city as how we can approve it instead of all the little bashing that we do because it doesn't get us nowhere.

Thank you for your time.

Next, we have Gary Podgarski.

Madam Clerk, go ahead and please start my time.

Thank you.

So surprisingly, I'm not coming up here to talk to you about former government tonight.

Not coming up here to talk to you about the petition or any of that good stuff.

Uh first, I have three things I want to go over.

First thing is the bid process.

So, two, three weeks ago now, maybe four weeks ago, you guys did a uh regular meeting, and in the consent agenda, you had two no bid items.

You remember that you you questioned me on one director Martin about hey, we're giving stuff back this time, and I was like, Yeah, yeah, I would do that.

Yeah, uh, I'm asking my director of Ward 4 and the three at-large directors that supposedly represent me to put forth an ordinance that any no-bid bill has to go through a study session.

Okay, I don't think a person behind me trust this board with spending money on a no-bid thing, and it would go well because I found out after the meeting that that was a legit no bid thing, but it should have been in a study session so we all knew.

The second thing, Mr.

Mayor, and board members.

Been uh sitting here.

If Josh, if you could put the rules of decorum back up for a second.

I've been sitting here trying to read them from the back row, and that's fine.

And actually, that's the screen I'd like to see, Josh.

So my question is this.

Did the board vote on the rules of decorum?

Was that done at an official meeting?

Or was this something that was put out specifically by Mr.

Mayor, or was this something that was put out by the acting administrator?

Where'd you guys come up with these rules?

Because these haven't been here before.

Nothing.

I'm used to that.

It's just general reminders.

Oh, go ahead.

Yeah, I would like to, and I will actually have the speech, but in question 14 48, 140.

Okay.

There we go.

Well, just to let you know, they're unconstitutional.

My first amendment rights trumps your rules of decorum.

Period.

Okay.

You know all about the first amendment, Mr.

Attorney.

Okay.

So there you go.

I suggest one of you ask the attorney, because the mayor is already grabbing the mic, and he's not gonna let me ask the attorney all about the First Amendment.

But that brand oh, and by the way, Corpus Crispy is having the same problem, and I suggest that everybody in the room go to Eric Turnchez, T-U-N-C-H-E-Z, and look up his issues with the Corpus Crispy City Council, but freedom of speech.

So for the second time in close to as many months, an issue came up that was attempted to not have citizen comments on, and one of you brought that issue up and took it directly to Representative Richardson, and did so at a study session where citizen comments are not allowed, okay?

That is untrue.

It was brought in a special meeting, and you did comment, it's on video.

That's correct.

I did comment, but you brought it up at the study session last week.

Who brought it up then?

I brought it up at a special meeting.

Uh, she's addressing me, Mr.

Mayor.

I have the right to address her back.

Okay, she called me a liar, and that's not happening.

She's called me a malcontent before, and I'm not putting up with that either.

Continue.

Okay.

So here's the deal.

Okay.

A couple months ago I did a protest when I was called a malcontent.

So we're gonna do the protest again this evening.

Okay, and I'm gonna come up here for each and every item and give you all time to reflect on the first amendment.

So I'm going to reserve the rest of my 27 seconds for a quick silence reflection for the first amendment.

Do you have any further comment?

I do not, but it is my time, not yours.

Do you do you have any further comment?

I do not.

It is my time and not yours.

We we can give you those at the end of this meeting.

Nope.

We wouldn't like nope.

Nope.

I'm taking 41 minutes of your meeting time tonight.

I'm gonna I'm gonna ask you to return to it.

My time is up, thank you.

Have a good evening.

Thank you.

Thank you.

Next we have Casey Millspaw.

Yeah.

Casey Millspaw, previous Parks Commission chair.

I wrote a letter today.

Here it goes.

Dear Kevin.

Um excuse me, Casey.

If you would please direct it to the board and don't do anything.

You're Kevin and the board.

Come on, George.

Come on.

You probably heard by now I'm running for city director position six.

That's it's your spot.

Don't let that news slide on by you.

Because it's important.

It's not because of dislike you, Kevin.

It's not because you're the Parrot Island Surf King.

You know what I'm talking about.

You beat me surfing.

That's what I'm talking about.

You've been on that board for 20 years, my man, and I think it's time to pass that torch to the next generation so we can start making some decisions and some decisive moves to move past the problems that have happened over the 20 years.

During your time as director, you have championed economic development projects like Parrot Island, the convention center, the Marshalls Museum, the regional sports complex, and still yet after 30 years, our population growth is still flat.

Things aren't changing.

While you guys are investing that money into those economic opportunities, you're a kicking the can down the road for our infrastructure, and now we're really looking at a lot of serious issues.

Over those 30 years, young people have continued to leave the community.

From the day I got out of high school, my friends couldn't get out of here fast enough.

Businesses have been struggling.

They struggle and then they leave.

Vinny's Pies, y'all remember Vinny's Pies?

Out of here.

We've never figured out how to keep these young people in these businesses, but you know what?

I know why.

I've experienced it for my business, and I've experienced it for my community involvement that I put in over a decade.

And I know you guys know that.

You know that.

You know that.

You know the work I put in.

L's for trails.

We raised $200,000 for the city to put towards the trail system.

And then Carl Gefkin and Jeff Dingman removed me from the Parks Commission.

I still can't understand to this day why we're running off young people who are raising money for the city and volunteering.

At its core, that's the problem.

That's why young people and businesses can't get up because we've got blockers all throughout the city.

And the city administration.

Jeff, you know it's true.

We've had a lot of meetings together.

I've seen the deception that you've and Gefkin have employed to trick these board members.

That's what Carl did with the water slides.

I knew it from day one.

It's that scope creep.

That's why we're in for 8 million now.

Anyways, I persevered over 10 years.

I built a company that over the past five years.

We've given back 250,000 to our schools in the River Valley.

I've created 14 jobs.

Took me 10 years, and it was a lot of work.

That's shocking.

From 2016 to 2019, there was definitely a movement in this community.

I know you know.

And it died.

You guys let it die.

Some of you up there promised me that you would not let it die.

But it did.

And we've been lost ever since.

So I think it's time for us to move past Jeff Dingham and the Carl Gefkin regime.

If I get elected on day one, I'm gonna make that motion.

So I hope you guys can figure it out before then because I'm gonna make that motion.

It's time for us to change.

The community's ready for us to change.

It's time to take our city back.

The citizens are ready to take the city back because we're ready to build and grow, and we need to remove the blockers, and you guys are blocking.

And you've been blocking, and that's why I'm getting up here to run against Kevin Settle because I'm passionate about this city.

I'm persistent.

I keep coming back, and I don't have any alternative motive.

I don't have a political agenda.

I'm just trying to make Fort Smith cool again, like it was in 2018.

That's the only reason I'm standing up here.

I'm a businessman, I'm not a political man.

I'm just trying to make a better difference for Fort Smith.

Been here my whole life, and I'm not giving up.

So you guys need to take this seriously.

I know what's going on.

So, anyways, thanks for listening.

I hope you folks can rally with me.

Everybody running.

It's a populist movement that's happening right now.

That's why 29 candidates are running.

So it's time for change.

This is the movement that Fort Smith needs.

So everybody needs to rally.

It's a frustrated movement.

It's not a positive movement, but it's a movement.

Next we have Chris Cadelli.

Thanks for sharing that.

Your story, Casey, that was impressive.

I'd like to talk about what I think is the next boondoggle on deck, and that would be the Bass Reeves, what you know, Bass Reeves Trail that somehow identifies as a loop.

As a concerned citizen, I'd like to express some concerns over discussion around the Bass Reeves Trail at the six at the June 9th study session.

As we sat and listened to the sales pitch by the director of parks, an interesting piece of conversation unfolded around the name of the trail.

This was initially rolled out as the Bass Reeves loop and then repackaged, repackaged as the Bass Reeves line connecting the north side of town with the south side of town.

Director Christina Kitsavis then raised a question around the name of the trail, still indicating it as a loop.

Director Kitsavis went on to express concern over deceiving the public by marketing the trail as a loop when in fact the revised proposal is a line.

The response to her concern was troubling.

The director of parks recommended we continue calling the shorter and now straight line a loop to ensure the grant approval, and then revisit the name of the trail once the funding is secured.

I found that advice from the Director of Parks to be void of integrity and transparency.

Director Martin questioned the ramifications of incompleted work, whether it be due to cost overruns or missed deadlines, only to have Director Rigo dismiss these concerns by asking, and I quote, oh, is this, oh, is someone going to trundle down here from the Department of Justice and hold us accountable.

That sounds alarmist and silly, he went on to say, unquote.

This is probably the same mentality that led us into a consent decree.

I agree with Director George Katsavis and his stated concern over significant cost increases, similar to what we just experienced with the water slide edition fiasco.

If the board chooses to move forward with this project, it should do so with integrity and transparency, and demand the parks director adjust the trail description from a loop to a line.

The most outlandish takeaway from the study session on this proposal had to be the revelation our streets cost a million per mile, and this project is estimated to cost about 5.5 million per mile.

This is reckless spending even with federal dollars.

Thank you.

Next we have Crystal Cadelli.

Good evening.

I want to begin tonight with a positive.

Fort Smith tax revenue was up for the month of June.

And the question that I'm gonna ask this board is are we gonna spend it wisely?

Increased revenue, no matter how big or small, should be used to strengthen the city's financial position, address critical infrastructure, purchase necessary equipment for our fire and police, and help offset the 30% increase in insurance premiums these men and women of law enforcement are having to bear.

They put their lives on the line for us for a starting pay of 44,000 to 50,000 a year.

They should not have to absorb a major increase at the cost of their health insurance, nor should they have to go out and try to perform their job without the necessary equipment to do so.

Instead, the majority of this board has a history of taking on non-essential projects that we can't afford, and the citizens bear the burden.

We are still dealing with the financial fallout from Parrot Island.

Sorry.

Rather than learning a lesson, this board is considering a proposed Bass Reeves loop, or perhaps I should call it the Bass Reeves Strait, because we can't afford to complete the entire loop.

Interestingly, the trail is cutting directly through the middle of some of the most valuable and developable portions of the property.

It appears we are sacrificing prime property and its potential to generate generate tax revenue, so someone can justify turning this land into a park.

The reality is we cannot afford to build another park or maintain a trail system.

Maintenance is not free.

Security is not free.

Lighting repairs, landscaping, cleanup, and staffing are not free.

Grant money is great, but timing is everything.

Responsible leadership means having the discipline to walk away when it's not the right time.

The acme brick property should be sold for private development that generates property tax revenue, sells tax revenue, and jobs.

Every time I hear those planes flying overhead, I hear the sound of freedom.

Freedom is something I deeply cherish.

And I see something happening in Fort Smith right now.

I see a movement.

I see our citizens standing together.

We are exercising our freedom, and that gives me hope for the future of Fort Smith.

Thank you.

Next we have Quentin Cunningham.

Hi.

I know I uh sent an email a couple weeks ago that I wouldn't be back, but I decided that it's probably better to just come up here and talk.

Um I've consistently brought factual verified data to this board regarding several key issues.

Every time my findings are maybe glanced at and then tossed aside, even when a citizen was assaulted and I sent the police report to everybody who was serving on the board at the time, I didn't hear back.

Not one of you to this day has sat down to talk with me about any issue I brought up, like in any real way.

Um three weeks ago, I emailed this board about an incredibly serious issue.

On May 19th, an individual came forward with severe allegations regarding our homeless population.

I took it upon myself to investigate these claims, found wild inconsistencies that would make flat Earth look like Harvard studies.

And curiously, the board seemed to kind of trip over themselves to give that voice a platform.

I didn't really understand why.

Is it because I don't point a camera at my good deeds, or is it because it aligned with what you guys already thought?

I think it's that second one.

The backlash was immediate to me.

Within days, I was accused of being in on the alleged fraud, labeled a pedo defender, and forced to make incredibly difficult choices for myself and the safety of my family and my job.

Thinly veiled vigilante threats.

That's crazy to quote the brave anonymous commenter because I know they're probably watching.

You know what we do to pedo defenders around here.

Mind you, I was simply trying to get to the bottom of these claims and presented my findings neutrally.

This kind of toxicity exists solely because we allow it to fester or actively push it forward.

All for a wild goose chase, and it sets a dangerous precedent for our city.

Look at what happened to Shane.

Look at what's happened to other people.

When citizens start attacking each other like this, there's not much that's gonna be able to stop it.

You certainly won't be able to.

This rumor has embedded itself so deeply into our community that the mere act of trying to verify a claim is enough to invite threats to one's safety and horrifying downright slanderous accusations.

During my last visit to this podium, I noted that over half of our citizens don't trust city leadership.

That number's definitely different by now, but is it better?

I don't know.

I haven't FOIA'd the data, but you could certainly look.

I would safely say it probably hasn't.

Stuff like this is exactly why.

When I decided to step away from local politics, local animal rescues, our shelters, and several wonderful citizens I've had the chance to meet during my time here, came forward and said that they felt their voices would no longer be heard with my absence.

Driven to apathy.

But most concerning of all was that some citizens reached out and told me that the city isn't even worth representing anymore.

That it's too far gone.

I don't necessarily agree with that, but I've never been more confident that we need that clean slate wipe with the change of form, uh change of government.

I and many others in this room expect you to do the right thing with that vote.

I'll leave you with a version of the words I've shared in my final email to the board.

If a citizen's voice were truly valued, it would have been taken seriously long before now.

Before it became a threat to any citizen, not just me.

Before it became a threat to the comfy seats up there, before citizens were forced to take their city back.

Let me and what's happened to me and Shane and everybody else see this is the consequences of these actions.

Welcome to them and enjoy the ride.

Next we have Ed Water Guzman.

My name is Eduardo Guzman, and I'm a resident of Ward 1 here in the great city of Fort Smith.

I want to start tonight by commending Director Kit Savas' proactive leadership in trying to hold major healthcare networks accountable.

But let's be entirely honest about what the recent study session was.

It wasn't necessarily a defining moment for our city.

It was a desperate attempt to invite our legislative delegation to simply show up and do their jobs.

We shouldn't have to.

We shouldn't have to check the temperature of our own state representatives.

And they shouldn't need a special invitation to be in tune with the actual heartbeat of Fort Smith.

They should already be here, feeling the strain that this community is under.

It was incredibly telling to see who actually valued Fort Smith enough to walk through those doors.

I want to thank Representative Jay Richardson for being the only member of our state legislative delegation to show up to listen and to look for solutions.

And the rest of our delegation.

Their silence is a total abdication of leadership.

Take Senator Justin Boyd, for instance.

He is a healthcare professional, a pharmacist who sits as a powerful vote in Little Rock.

He knows the mechanics of the health care ecosystem inside and out.

Yet when a major hospital network cuts off critical care for mothers and families in his own backyard, he's completely missing in action.

Boyd is a no call, no show.

Our state representatives have proven they know exactly how to vote yes on spending money, like fast tracking $300 million in taxpayer money overnight for a corporate project in West Memphis, a rubber stamping top-down political agendas.

But when it comes to standing up for the medical safety of the people who elected them, we're treated like an afterthought.

We cannot afford to wait on a checked out legislative delegation to protect the city.

If I were in the state senate, I would immediately work to address the structural issues destroying our access to health care.

That would mean revisiting and passing vital house legislation aimed at increasing insurance reimbursement rates so our local hospitals can actually afford to keep the doors open.

It also means closing the exact loopholes that corporate giants are exploiting right now.

Look at what Baptist Health just did.

Using rolling layoffs to intentionally skirt and evade the reporting requirements of the Federal Warren Act.

They dodged accountability because our state laws allow them to.

We need legislation with teeth that ensures corporations cannot quietly gut our health care infrastructure in the dark.

And it's time to make our money work for us right here in the River Valley by bringing our hard-earned tax dollars back home to fund essential services instead of watching them get shipped off to fund vanity projects across the state.

And healthcare is just one piece of the puzzle.

Let's look at the massive, crushing burden of our federal consent decree.

This infrastructure crisis is simply too large for Fort Smith to handle alone through local loans and skyrocketing utility bills.

We cannot borrow our way out of $800 million federal mandate on the backs of local working families.

We need a state senator who will actively bridge the gap, working directly with the state and federal government to bring real direct financial relief to this city to solve the consent decree once and for all.

To the mayor and to the board of directors, I believe that local government shouldn't be left holding the bag because of a lack of action in Little Rock.

Little Rock's agenda should not be handed down to you, but rather Fort Smith's voice should be carried up to Little Rock.

And I'm ready to stand shoulder to shoulder with you to bring concrete solutions to the table and to ensure that our city finally gets the resources, the respect, and the protection it deserves.

Thank you.

Next, we have Jacqueline Hooper.

Hello.

How are you guys?

I'm gonna pull this up.

Get on my handy dandy.

Old people glasses.

So first I would like to apologize to uh Corporal Salise.

Um one night I had made a statement that one of the officers had called my the man that.

Anyways, we don't have to go into it.

Um he and I remember this very definitely.

We just spoke privately about that matter, and I did apologize to him for the misunderstanding and communication between the two of us.

With that being said, um, I would like to say good evening, mayor, members of the board, city staff, and fellow citizens.

And uh thank you for allowing me to speak tonight.

Before I begin, I'd like to read a few verses from God's word because this board begins the meetings with prayer, and I believe scripture reminds us what justice looks like.

Micah 6 8 says, He has shown you, oh man, what is good and what does what does the Lord require of you to act justly, to love mercy, and to walk humbly with your God.

Psalm 82, 3 and 4 says, defend the weak and the fatherless, uphold the cause of the poor and the oppressed, rescue the weak and the needy, deliver them from the hand from the hand of the wicked.

And finally, Deuteronomy 22, 25 through 27 says, teaches that when a woman is sexually assaulted by force, the wrongdoing belongs to the attacker, and you shall do nothing to the young woman because she has committed no offense.

That passage reminds us that victims deserve protection, dignity, and justice.

I'm here tonight because I do love Fort Smith, and I believe this, and I believe in this community, and I believe in our government, and I believe our government should always strive to earn the trust of the people it serves.

Many of you have heard me speak before about my experience after reporting that I was a victim of a serious crime.

My purpose has never been to attack people personally.

My purpose has been to ask for accountability, transparent, transparency, and fairness.

But I am human, not Jesus.

Recently, another event caused me greater concern after I posted a Facebook video expressing my concerns about Officer Dodson.

That video was shared widely throughout our community.

The following day, I attended my final order of protection hearing while I was there.

I saw Officer Dodson at the courthouse, but I did not know why she was there.

The next day, two sheriff deputies came to my apartment and told me I needed to be at probate court within 30 minutes.

I had very little notice, and it was then that I learned a petition had been filed to uh seeking involuntary commitment for a mental health evaluation.

June 16th, when I told you guys that days before I had experienced my ideations, nobody reached out to the probate court.

She waited until the day after I made a Facebook video about her and it went viral.

I have this all in proof.

The judge did tell me just to go to court ordered outpatient therapy that I'm already in for 45 days and completely dismissed and closed Dodson's accounts of me.

I do have documentation regarding all of the court proceedings.

Based on the timing and circumstance, that filing was connected to public criticism of how I had been treated.

That is my belief, and this is one of the reasons I continue asking questions about transparency and accountability.

I also recognize that emergency mental health petitions have an important role when someone is truly in immediate danger, not nine days later.

They exist to protect people because they are so serious, they should always be used carefully based on the law and the facts.

How does our city ensure that residents who report crimes, file complaints, or speak publicly about their concerns are treated fairly?

Justice is not only about enforcing laws, justice is also about listening, treating people with dignity, and being willing to examine whether our systems are working as intended.

I appreciate the time each of you gives in serving the city.

I hope my experience encourages continuing reflection on how Fort Smith can strengthen transparency, accountability, and public confidence.

Thank you for listening, and may God bless each one of you and the city of Fort Smith.

Next we have Sarah Harrison.

Hey, everyone, I am standing here before you tonight again as a resident and a mayor candidate who believes in common ground.

I've been asked to speak for a quiet group of citizens who believe that our laws and processes matter.

No matter the size of the group, every citizen deserves to know that the process will be respected.

Petitioners, including myself, have done the hard work of democracy by talking with residents and gathering signatures.

That is what civic engagement looks like.

The people who support changing our form of government believe that the current system is not meeting their, excuse me, not meeting their expectations.

Others believe the system can work when leaders are responsive, accountable, and committed to serving the public.

I believe that there is truth worth considering in both perspectives.

Just days ago, I reached out to Miss Maggie Rice and Mr.

Meeker about concerns from residents involving culverts and potholes.

Mr.

Meeker responded within 37 minutes, and within 38 minutes, a crew member was contacting the resident.

That is what good government looks like.

People who listen, respond, and take action.

The structure of government matters, but the people serving within that structure matter just as much.

History shows us that Fort Smith has wrestled with this same balance before.

In 1913, our city changed its structure to a commission form of government, believing that a new system would be better to serve the community.

By 1967, our city made another change, moving to the city administrative system that we have today because voters believed reforms were needed to improve accountability and protect the public interest.

Forty-five percent of people showed up to that vote.

2026, Fort Smith, I know we can do better than that.

Today we are having another important conversation about the future of our city, but history teaches us that changing the blueprint only goes so far if we do not focus on the people responsible for carrying it out.

We can disagree respectfully, listen to one another, and focus on what brings us together.

So I asked the board of directors, let the citizens have their voice.

And if there are concerns about transparency, I support a public counting of signatures or allowing representatives from the petition group to observe the process.

Because whether our government stays the same or changes in the future, our goal remains the same.

A Fort Smith where residents are heard, leaders are accountable, and our community moves forward together.

Ultimately, the strength of any form of government comes down to the people who serve the citizens and who hold them accountable.

Thank you.

How many more speakers do we have?

We do I have two more.

Okay, thank you.

Next we have Mikhaila Gaffney.

Hi everyone.

Two weeks ago, I challenged a few of the members of the board to a debate.

And after being notified by somebody in this audience, I realized how ignorant that truly was.

Encouraged more poor behavior from the people that are here.

And that is not what we do, that is not how we behave, and I will take full accountability for those actions.

With that being said, we have a very significant issue, which is mental health.

And mental health issues are regularly caused by politics.

There are three things that politics cause as far do for mental health, and it's shame, fear, and guilt.

With that being said, I am working on creating a class and an event here in Fort Smith, likely at the bakery district, that I would like to invite anyone that is interested in to attend.

Mental health is something that is very severe and very significant within our society.

And instead of talking about it, I'm going to be doing something.

So if you guys would like to look at my Facebook page, it's Michaela Gaffney, and I will be posting that as soon as I can.

Thank you.

And last we have Samuel Price.

How far around is that?

Let's go around.

Hey, how y'all doing?

Can I turn this around?

I don't really want to talk to y'all.

I want to talk to them.

Yeah, you have to talk.

You have to talk.

Hey, hey, Sam.

You have to address the board in each meeting.

Yeah.

Okay.

Board.

Yeah, they'll hear you.

Okay, board and audience.

How y'all doing?

Y'all doing good?

Yes, ma'am.

I just want to point out real quick.

These are your neighbors, guys.

Like these people live in our community.

You guys are all coming up talking because you're really passionate about whatever it is going on because you live in this community.

You want this community to do good things.

You want good things to happen.

And I commend all of you for that.

Y'all are brave for showing up.

This is amazing.

I appreciate y'all coming out and talking.

Because no matter where this goes, civic engagement.

You guys being involved in this is what's gonna make the difference.

You guys paying attention to what's going on is what's gonna make the difference going forward, regardless of how they vote.

So just keep that in mind whenever you're watching your neighbors up here talk.

And you know, I know sometimes you can get frustrated, but keep it to yourself, because they're they're just as passionate about it as you are, even if you disagree with them.

Um yeah, that being said, I am a comedian.

All right.

This room has been pretty tense.

You guys have been pretty serious.

I'm gonna run a few jokes by you guys.

We've been losing venues.

All right, I'm running out of open mics, I gotta find some time to get up here.

I usually watch these at home because there's no code of decorum in the Facebook comments, okay?

And I get to talk through the whole meeting.

Shout out to the A V team, though.

Shout out to the A V team and the social media team because they put this online to make sure that people who can't make it out here are able to watch this and listen and pay attention.

But yeah, some of you might know I did run for a board position in 2018.

If y'all have voted for me, we might not be here, okay?

We might not be here.

That's neither here nor there.

The person who beat me is leaving bad Yelp reviews right now.

We're not gonna worry about her.

I I think it's amazing that you guys are coming up here, and you know, you are you're you're using your first amendment, your free speech, your freedom of speech.

Uh I love that we live in a country where we're able to do this.

Yeah, shout out to the first amendment.

I like that we have the freedom to protest.

I do think our protests are getting a little crazy though, mainly for me is the signs because the signs confuse me.

I was driving past a protest the other day.

I seen a sign on the side of the road.

I said, end construction.

I said, wait a minute.

Y'all don't want to build nothing?

Hold on.

Never thought I'd have to take a stance on this.

I'm pro-construction, guys.

I think we should keep doing it.

I'm from Fort Smith.

Hey, Sam, if you would address the board.

There you go.

He wants to hear the jokes.

He wants to see I want to hear.

Come on, mayor.

Come on.

Come on.

There you go.

I only got two more.

I thought these were three minutes.

Okay.

I'm from Fort Smith.

I hear a lot of people talk about how much they want Fort Smith to be like Fayeville.

I don't want that though.

I want Fort Smith to stay like Fort Smith.

I grew up here.

I like this city.

I think I think it's cool that we're a little ghetto.

You know, you know.

Fort Smith is the type of place you can get your prescription filled by the worker at a Casey's gas station.

You know what I'm talking about?

The only time you couldn't do that is like right now.

Because I'm off tonight.

But I work tomorrow.

Uh Fort Smith, we're we're a lot different from our other cities.

I was in Van Buren recently and they had a sign for their Van Buren pointers.

I guess that's their mascot, their high school mascot is the pointers.

I didn't know that was a dog.

I thought they were just snitches.

I thought they were.

He did it.

I only got it less than a minute.

Uh I would say before I leave, I encourage you guys to meet your neighbors.

Find somebody in this room that you've never talked to.

You might have never seen before.

Have a conversation with them.

Sam, that applies to them too.

That applies to y'all too.

Thank you, Joe.

By the way, speaking of the change of government, I agree with Joe.

No matter what you guys vote or what happens, we need to have an aggressive information campaign campaign to let people know the difference between both so people can make their own informed decision for themselves, no matter which way you guys go.

But yeah, meet your neighbors before you leave.

Yeah, we know.

All right.

Meet your neighbors before you leave.

Talk to somebody.

Don't talk to them about something you disagreed with them about.

Ask them how their work is going.

They're my joke.

I got my last 20 seconds, Dad.

Also, follow River Valley Comics on Facebook.

We got shows all over the town.

Okay.

Okay.

Thanks.

Thank you.

Appreciate it.

Thanks, Sam.

At this point, we're going to take a 10-minute recess.

So please return to your seats.

Those that are going to remain for the rest of our meeting.

At this time, we're going to go to the first item on our regular agenda.

Thank you.

We're going to ask that you please be seated if you're going to be here for the remainder of the meeting.

Mr.

Dingman, you're recognized.

Thank you, mayor.

The first item tonight is an ordinance calling for a special election to consider a change to the former municipal government in Fort Smith on November 3rd, 2026.

This ordinance was placed on the agenda by members of the board and staff will defer to the board's discussion.

Okay.

Thank you very much.

Madam Clerk, at this time we'll take citizens' comments on this item.

We do have eight individuals wishing to address the board, the first being Patrick McGuire, and each individual will have two minutes.

Please adhere to the two-minute limit, as we have a lot of people who want to speak, and we do have a heavy agenda.

With regards to this particular item, there's uh an aspect of it that I don't think has been covered.

With great respect, I say this to you.

The people of the city rely on you to represent their interest.

Not to do what you think needs to be done, not to do what you think is good or bad or whatever.

It's what the people of the city want.

Your responsibility is quite simple.

You fulfill the needs of this, the needs and the wants, or don't wants, as the case may be, of the citizens of this city.

And I'd like you to keep that in mind when the time comes to vote on this matter.

Thank you.

Thank you.

Next, we have Joey McCutcheon.

Good evening again.

We've collected between 3,300 and 4,000 or and 3,400 signatures.

Fort Smith has a trust deficit in between the citizens and city government.

Regardless of how anyone feels on this particular issue, denying the opportunity of the citizens to vote on their form of government will only deepen the trust deficit.

The citizens have done this part.

This is a 100% volunteer effort.

We could have paid a at a costly price, we could have paid a professional to gather these signatures.

We have not done that, and we will not do that.

We will go down together.

If we don't, if if you kick the signatures off, if you sue us to get it off the ballot, we will have done our part and we've created civic engagement.

Under Arkansas law, the board has the authority to act as the people's representative and place this question on the ballot.

A positive board board vote will create clarity.

It will allow the citizens to decide this issue in November and allow our community to most importantly move forward regardless of that outcome.

If the petition effort ultimately fails on technical grounds, the city will have to wait another four years to bring this.

Thousands and hear this, thousands of citizens have sacrificed their time to sign this petition.

Ignoring that level of civic engagement would send the wrong message, allowing the public to vote would demonstrate number one confidence in our citizens, and number two, respect for the democratic process.

I became involved because I believe it was the way to increase citizen engagement, encourage good people to become in local to become involved in local government and create positive change in Fort Smith.

And thank goodness we've seen that tonight.

Thank you.

Next we have Gary Podgerski.

So I was going to mention something different than what I'm actually going to mention.

I'd like to consider myself a Fort Smith City political analyst.

Okay.

So to the six of you getting ready to vote.

Let me just remind you of a couple things.

One.

Okay.

You have a quorum.

Is that correct?

Mr.

Mayor?

There's a quorum tonight.

I'm sorry.

I can't hear you, Mr.

Mayor.

You're not talking.

That's right.

We do.

Okay.

So if one of you decides to abstain, and a three-two vote happens, that's enough to pass or fail this vote.

Okay.

So for anybody considering an extension, yes, it is.

You have a quorum, a three-two vote.

Why would it not be?

Yeah, I I think city clerk has an answer on that, but I don't think it would pass in that scenario.

Again, it's not a question and answer session.

You may proceed.

Okay.

So a while back I asked a question to an individual and was told that there was a 1,000 to 20 public comment to that individual for his uh vote on the Paradigm Waterpart.

Okay.

One of the board members.

So Mr.

Mayor, I'm addressing the board.

One of the board members said that to me.

That is on the record.

Okay.

And I I got kind of questioned about that because there was at least 21 people in the room.

Okay.

So I wouldn't recommend that you go with the 1,000 to 20 thing again.

And for the reminder of my eight seconds, I'll just stand by.

Are you finished with your comments?

I am done with my comments when that hits zero.

Thank you.

You may take your seat.

Thank you.

Thank you.

Next we have Jamichel Robinson.

Hello, board.

And good evening, ladies and gentlemen.

I um wanted to speak on some other information I brought with me tonight, but I obviously film out the wrong paperwork, but I will like to uh come back on the study session next week to discuss that.

But as far as tonight, I wanted to say at least that I hope that the city listen to the people and make the decision that's best for the city and make the decision that's best for the citizen enforcement.

I know this is really a tough time to go through this process, and uh we all are kind of on edge about things, and um I think it's important that we stay in civil discourse about this process, and that we um understand that we're all in this process together, and so um hopefully next week I'll be able to come back and submit some of my um paperwork for uh request for a formal uh uh request form for uh parliamentary seizures because the energy in the room sometimes is just a little tough, and we're at each other a little bit.

So I want to be able to um present that this week, but thank you for tonight.

Let me speak.

Appreciate it.

Next we have Chris Cadelli.

Thank you.

Uh yeah, I just you know, once again, I'm gonna plead to the board uh, you know, send this to the people.

I think there's some confusion.

You know, I've seen posts on social media that make it sound like that you know, if the board votes for this tonight, that's voting for the change of government.

That's not the case.

I mean, all y'all all you guys are doing is sending this to the people.

Um I think to vote against this is is the height of of arrogance, disrespect to the people.

I think that you know, the the energy, the the all the work that the volunteers have done collecting signatures, the interest is undeniable.

And to say that it, you know, this is just a small loud group of people is really really uh you know missing the beat.

So I think a no vote uh, in addition to being you know an insult to the voters, um, that also is a obvious sign to me that you know a no vote is pandering to special interests.

A few folks that run this city outside of this room uh, you know, behind the shadows, however you want to say it.

Folks that never ever come here and publicly state their positions.

Um they just handle it all behind the scenes, and that that's fine.

I mean that's America, you know, but you need to send this to the people for a decision.

Uh I don't think there's an excuse one up there to vote against this.

Uh you're voting for it, doesn't mean you're supporting the change in government, doesn't mean you're against it.

Uh it just means, hey, we're gonna let the voters have their say in this very vital decision.

Um, and I just think that it, you know, if it doesn't pass tonight, it's a pretty sad state of affairs.

And I think these rooms, these meeting you're gonna you're gonna need a bigger room going forward if this continues.

Thank you.

Next, we have Crystal Cadelli.

Good evening again.

I want to start um tonight by saying when I first started coming, I will never forget that one at one of the board meetings we attended a couple of years ago.

When a board member made a comment to the effect of don't worry, these people will get tired of coming, and then we can get back to business as usual.

That statement stayed with me because it reflects an attitude that discourages rather than encourages citizen engagement.

Strong leadership should encourage citizens to participate, ask questions, and hold their elected officials accountable.

It should never view the public involvement as inconvenient.

That perception of arrogance is one of the driving forces behind the growing movement for the change in our form of government.

Or will you allow us to have our voices heard at the ballot box?

Like my husband stated, it's not about whether you agree or disagree with the change of government.

It's about what the people want.

It's about your community, the people that put you in that seat.

It's allowing their voices to be heard.

And tonight, I really plea with you to make the right decision and do what's best for the citizens.

And I think my husband is also correct in that if you don't, you're gonna have to worry about us coming to all the meetings, and you are gonna get tired of seeing us versus us seeing you.

Thank you very much.

Next we have Eduardo Guzman.

Good evening again, Mayor, directors, and administrators.

I'm standing tonight to voice my support for the change in government initiative.

As this board knows, you have an immediate authority under state law to pass an ordinance and place this structural question directly on the ballot yourselves.

And while this body has previously chosen to not take that route, tonight offers a fresh opportunity.

If there is a motion or a willingness to vote in favor of putting this before the voters tonight, I strongly encourage you to do so.

Let's resolve the political headwinds stalling our city operations, like the ongoing disrupted search for a permanent city administrator by letting the people give us a clear mandate on how they want to be governed.

However, if this board chooses to step back and leave the burden on the citizen-led petition, then I ask for a public and unyielding commitment to absolute transparency throughout the verification process.

Now I want to zoom out for a little bit because this petition movement is not happening in a vacuum.

I would just want to add some context.

This initiative is critical because of the deeply concerning broader landscape we are witnessing across Arkansas.

Over the past few years, we have watched politicians in Little Rock systematically attempt to dismantle, restrict, and strip away the historic rights of citizens to utilize ballot initiatives.

We're seeing a concerted effort from the top down to make it harder for the average Arkansan to have a direct say in their government, and our current state senator voted in favor of every piece of that restricted restrictive legislation.

Thankfully, the courts have ruled to protect the fundamental right enshrined on our state seal, regnant populace, the people rule.

When citizens do the hard work, when they knock on doors and organize their neighbors, the role of local government must be to honor the process and not delay it.

Elected officials are meant to be the stewards of public trust, not the gatekeepers of the ballot box.

Whether through a direct vote by this board tonight or through a transparent verification of citizen signatures, I urge you to respect our democratic process and let the voters of Fort Smith decide their own future.

Thank you.

Next, we have Jacqueline Hooper.

Wow, lucky you guys, me two times in one night.

Wow.

So lucky.

Okay, so first I'd like to say let all that you do be done in love.

First Corinthians 16 14.

Good evening again, Mayor and members of the uh board of directors.

I am here today urging you to vote yes on the ordinance to place the question of change changing Fort Smith's form of government on ballot in November 2026.

The Attorney General's opinion 2026-057 confirms this is a this is straightforward.

The board has clear authority under the state law to present this ordinance, sparing citizens the full petition process while letting voters decide.

We already seen strong grassroots support.

Citizens are gathering signatures because they want more direct voice through the mayor council system.

Approving this now demonstrates that you hear us, it saves city resources, avoids unnecessary administrative burden, and shows confidence in Fort Smith voters.

The AG opinion also makes it clear there's no disruption, any transition, and elections for new officials would occur in 2028 with a with options to align cycles.

This isn't about criticizing current leadership, it's about empowering the people you present to shape our city's future.

And yes, a vote a yes vote upholds democratic principles and builds trust.

I respectfully ask each of you to support placing this on the ballot and let Fort Smith voters know you have their say in November.

Thank you.

I would also like to say um, real quick, on uh July 4th.

While everybody, I don't know, you guys might have been uh having a good time with your family.

I was getting blisters on my feet, getting the petition signed.

Thank you.

And last we have Shane McKinney.

Hello again.

In December, I first said that we were going to do this online at first.

I let you guys know, I think it was February that this was gonna happen.

And I don't think many of you took it seriously.

I don't think many of you thought the citizens were as interested as they clearly are.

He discounted it.

Perhaps this is just gonna go away.

Maybe this is just an annoyance.

We can ignore it because that's what our city does to problems is we ignore them until an EPA or somebody shows up and makes us have to face it.

I think this is the time you have to face it, looking behind me.

I don't think this problem is going away.

And I think you have a simple choice.

Do you want to hear what the citizens have to say in November?

Or are you smarter than those people are and should you silence them?

That is your question right now.

So if we see three people on this board tomorrow that know they're smarter than the citizens and they should not have a say, we will remember who you are.

We will know who you are.

It's not going to go away.

I don't know if you've noticed, but this is not going away.

It's going to continue to fester until you just let the citizens choose.

In November, if we lose, it's okay.

We'll continue and we'll work forward with how do we bring this transparency and participation into Fort Smith without the mayor council form.

We're not going to go away.

And if we win, I don't want you to go away.

I want you to contribute and help us to figure out what are the things we need to do to make this proper.

What do we need in the chief of staff for the mayor going forward?

Where do we set the salaries?

What are those responsibilities?

We need you involved in that.

We need all these people involved in it either way.

But please, do not vote to silence these people because you're smarter than them.

I gave you two opportunities to give me a reason why you would vote to silence the people.

I gave you six minutes of time and you never answered.

That's the only reason that makes sense.

Thank you.

That was the last one.

Okay, thank you.

We'll go to item number two on the agenda.

Let's do that.

It's time to vote.

Okay, here we go.

It was so long.

Let's see.

Here we go.

We got it.

Is it time to vote?

And we will.

Since we've heard a citizen comment, we need a motion to adopt the ordinance with suspension of the rules.

So move suspension of the rules.

Second.

Okay.

Madam Clerk, please read the orders.

An ordinance presenting a petition to the mayor calling for a special election to consider a change to the form of government of the city of Fort Smith on November 3rd, 2026.

Any board comments?

Director Christian Cassette.

Director Regal next.

Thank you.

Um, you know, I don't think it's any coincidence.

Just a few days after Independence Day, we're discussing a question that goes to the very heart of self-governance.

Every July 4th, I always reread the declaration of independence.

It's um, you know, my family came here as poor immigrants about a hundred years ago, and we've been able to build a life here and live the American dream.

And so I think for a lot of immigrants in this country, these documents hold um a lot of value.

Um, and I believe that the words are just as relevant today as they were 250 years ago when they were written.

I think that the founders understood that the structure itself was not sacred.

What is sacred is the right of people to determine the form of government that best serves them.

And in the Declaration of Independence, it says that to secure these rights, governments are instituted among men, deriving their powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it and to institute a new government, laying its foundation on such principles and organizing its powers in such form as to them shall seem most likely to affect their safety and happiness.

And I think that's very powerful.

They chose those words, safety and happiness.

They recognize that government exists to promote the safety and happiness of the people, not to preserve itself.

Tonight, we are not deciding to change the form of government, we're only affirming the people's right to choose.

Arkansas law provides two separate legal paths to place this before the voters.

One is the citizen petition, and the other is action by this board.

Both are lawful, both are established by the legislature, and both in exactly the same way with people at the ballot box making the final decision.

So I urge I encourage my fellow um board members.

Please let's pass this and get it on the ballot, and we can move on.

Thank you.

Thank you, Mayor.

Uh, as much as I can understand and appreciate the passion being shown in this room and on social media.

What I can't understand is why the leaders of the signature gathering effort are hesitant to show their work and submit their signatures for review by the city clerk.

Can I answer that?

It's needlessly divisive, it's needlessly divisive, and so is the seeds of conspiracy to suggest that some sort of lawsuit or legal action is definitely going to take place.

Our city clerk and her team are knowledgeable, experienced, diligent, and take their responsibilities of public trust very seriously.

Since this question is about how Fort Smith governs itself, I think we can all agree that it's important for the clerk to certify that the required number of registered voters from Fort Smith sign the petition.

State law says that signatures should be gathered and presented for review by our city clerk, not collected and then wrapped, unreviewed in a shroud of secrecy, and used as some sort of bargaining chip to try and force the board of directors to offer a ballot access shortcut.

Success for this effort cannot come on the back of criticizing, heckling, and attempting to intimidate anyone who has a good faith disagreement with you on an important issue.

In recent days, we've heard that not voting for this tonight means a person who holds that view is afraid of citizens and constituents, is voting to take away people's voice, demonstrates unpure motives and is the height of arrogance.

How we talk about ourselves matters, and how we dialogue across differences matters.

And this language should not be allowed to represent who we are.

Site selectors watch these meetings, employers watch these meetings, people who are thinking about moving to our community and working here watch these meetings.

We have to do a better job of representing our city because as shake.

Our board members, they do not interrupt those citizens that come up to speak.

Chief Chief Baker, please take note of those that are being disruptive so we can continue this meeting.

Thank you.

Mayor, I appreciate it.

I've listened, and now I have just a couple of moments more to speak.

Because frankly, as Shakespeare asked in the play, Corey Alanis, what is the city but the people?

Moving forward, I won't support any frivolous lawsuit.

And I'd also be willing to support the board placing this on the ballot pending the city clerk's review of the submitted signatures.

I'll even sign the petition, but I won't vote to place this on the ballot tonight.

Thank you.

Thank you, Mayor.

I appreciate the involvement.

I appreciate people being here tonight to uh voice their uh their opinion, and I've taken notes as best as I knew how to do that listening to this group.

There are definitely two legal pathways, and I understand that there are two legal pathways.

Um I know that there are people talking about a path of arrogance, or that maybe we would presume that we were smarter than anybody else, and those things are definitely not true with me.

I don't presume to be the smartest person in this room or smarter than any individual.

I think reasonable people can disagree on this discussion and matter.

And when we talk about special interest groups, this is a special interest focus by definition as a petitioned effort.

It's also one that's protected in the Arkansas State Legislature already, which this group is now saying they have 3,400 signatures.

I think that's a great process.

I think it's great results.

I think those results need to be validated.

And uh when I think about the idea of what happened as we celebrate our birthday of 250 years, I think it's a wonderful thing.

I celebrated just like I know everyone here did.

Um, but when they fixed their signatures to a document, they turned it in.

And so I fully support a petitioned effort to turn it in.

I also, like my colleague Director Rigo would not support any legal action taken against a petition interest group.

Um I fully suspect it would probably be the reverse of that more than it would be us taking action against a group.

Uh, just a question for the city clerk.

Um, Ms.

Scard, is it is it the office of the city clerk's job to be fully transparent and completely above board in this process.

Yes, sir.

And if people would issue a FOIA request on petitions that were not included, would that be provided to the people?

Absolutely.

Okay.

So when we talk about a government being above board, um I see things differently than those that have spoken on these matters, but I also respect them.

The simplest way for the people's rules, votes to be heard is to allow a petition effort to be just that a protected petition effort.

And that will be my vote tonight.

Director Cassavis.

I just wanted to push back on something Director Riga said about a shortcut.

The authority granted to the board, it's not a backup plan, it's not an emergency measure, it's an independent responsibility that the legislature expressly gave local governing bodies.

They don't do that with with a lot of issues.

They do that with this one because they recognize that it's important.

So equating it as some sort of shortcut, uh, you know, I I think that's in invalid.

Uh I don't believe we should decline to exercise that authority uh just because another group is exercising a different authority under the same law.

So that's all I want to say about that, but I did want to push back on that because I don't believe it's a shortcut.

We have the statutory authority to do this, and I believe we should exercise it.

Thank you.

Director Neil Martin.

Yeah, I'll keep it brief.

Um, when we voted on this the first time, I voted in favor of it.

Um nothing's changed since then.

I think we need to go ahead and move forward with the vote, put it towards the people and have them vote this November.

So that's how I'll be voting tonight.

Okay, thank you.

Direct director George Cassavers.

Sherry.

When if this is turned down tonight, it can be brought back up till what would be the deadline before it couldn't be placed on the ballot.

What month?

What month?

I'm sorry, say that one more time.

What's the deadline to place this on the ballot?

If if the board approves this or doesn't approve it, when how many more chances do we have to pass this with the board?

In in order to get it on the November 2026 ballot, it must be provided to the county by August 25th.

Okay, you said the county.

Yes.

Okay, what would be presented by August 26th?

The board's the the board the vote of the board.

No, sir.

If you I'm trying to understand this.

Um, let me I can help you if you'd like to.

Uh whichever mechanism is used to put this on the ballot, whether it's the board passing an ordinance or the citizen-led effort.

What happens after that is the mayor issues a proclamation, assuming a ordinance is passed or sufficient signatures are submitted on a petition.

It's the mayor's proclamation, which must be transmitted to the uh county clerk.

And this is the only time frame in in the statutes about getting it on the ballot, and that has to be transmitted at least 70 days prior to the election date.

Seventy days prior to 70 days prior to the November election date.

Okay.

And that's where your August 25 or 60.

And does that apply to the petition also?

Yes, we either or the petition would need to be transmitted to the clerk in enough time for her to do her constitutional obligations and duties and verify sufficiency of the signatures and and the proclamation gets issued by the mayor if there's enough signatures.

And again, that 70 days is when the proclamation needs to be get to the county clerk.

Okay, thank you.

So I'm gonna clarify that just to be sure.

So, if the if positions go petitions, if we don't vote for it and the petitions go through, they got to be to the city clerk sometime before August 25th.

So you got to give her a window of time, whatever that is.

I don't know, we don't know what that is.

30 days?

Okay, but they would potentially need to have that to her.

Enough signatures are thrown out not to meet the 2,603.

How many more days do they have to collect more signatures?

After they're turned in.

They would have to have it.

Turned back in to her and her validate it by uh before August 25th, because the mayor then has to enter a proclamation.

Proclamation, yeah.

Okay, thank you.

Thank you.

Uh Director Kemp.

Thank you, Mayor.

And on that point, just for a point of clarity again as well.

Um Ms.

Guard, as a city clerk's office.

How many petition packets were picked up for those running for office?

Presently, if memory serves, there have been uh 12 packets go out for the position of mayor.

Yeah, just total though.

Overall, it's 29.

Okay, I didn't know if anyone had picked up another one.

So if they're 20, and that is due back to the county by August 20th, is that correct?

That is correct.

Five days ahead of a petition from this form of changing of the form of government, which would be due by August 25th.

That is correct.

Okay.

So your office is going to have to process any potential packets at a priority pace, which is would you say it would be in the best interest of those who have the petitions to turn them in as soon as possible?

Absolutely, because once the filing period for a candidates uh is initiated on J on July 29th, then those will take priority.

Okay, thank you.

Good mayor.

I think let me ask this.

So let's say a lot.

Let's say they turn the petition in and a lawsuits filed.

Does that stop the petition, the petition from being counted?

Colby, would you address that?

Well, Colby, does that stop the petition deadness contract or not?

Yeah, I guess I'd be can curious about if the petitions are turned in and and the the clerk verifies the signatures.

You know, the city wouldn't be initiating any type of action.

I mean, the city validates or the clerk validates.

So an individual, yes.

If someone challenges the clerks and the city saying, wait a second, you you were wrong.

You shouldn't have certified this for these reasons.

Um that lawsuit gets filed, and so is your question.

Does that halt the process to get it on the ballot?

Yeah, I don't think so.

I mean, there's when you're dealing with election contests and election lawsuits, uh, the courts operate a little bit more expediently uh than other civil litigation.

So I don't the fact if a lawsuit is filed in some scenario, that doesn't just quash the entire process.

Um I think the courts can deal with it expediently and and allow it to remain on the ballot.

Okay, thank you.

I think the fact that these questions exist, or why we should exercise our statutory authority to send it to the ballot because I would much rather see this issue decided by the citizens of Fort Smith.

Than by then by technicalities or litigation over the petition process.

Thank you.

Okay, thank you.

Any other comments from the board?

Call question.

Yes.

No.

No.

George Get Savas.

You want to guess?

Come on.

Yes, yes, yes, 2,600 and three times.

Christina Kitsavis.

Yes.

Settle.

Abstain.

Martin.

Martin.

Come on.

As a vote finished.

Martin.

Yes.

The motion is defeated with three in favor, two opposed, and one abstention.

Thank you.

Okay.

It's this time we will go to item number two on the agenda.

Mr.

Mayor.

Mr.

Mayor, just for a point of clarity, people are asking.

Madam Clerk, would you please explain the structures and the ratio as to why that was not passage?

Any passage requires uh uh a majority of the whole, which is four directors must vote affirmatively.

Thanks.

Thank you.

Okay, this time we will go to item number two.

Item two is an ordinance to rezone property at 705 Xavier Street.

Deputy City Administrator Maggie Rice will address this item.

Yes, sir.

On June 9th, the planning commission held a public hearing to consider the subject master land use plan amendment and rezoning applications.

The property is located on the north side of Xavier Street west of Wheeler Avenue.

The proposed master land use plan amendment to residential attached and zoning to residential multifamily medium density facilitates platting the property into two individual lots for the construction of a duplex on each lot.

A neighborhood meeting was held on June 9th.

One neighboring property owner attended the meeting and did not have any objections to the request.

At the planning commission meeting, Dana Rosa was present to represent these applications.

The planning commission voted nine in favor with zero opposed.

Recommend the master land use plan map and zoning map be amended.

Okay, thank you.

Are there any citizens' comments on this item?

Yes, we do have the applicant.

Um Dana Rosa first, which will have five minutes for presentation.

Good evening, board members.

Uh just Dana Rosa representing the application applicant for the rezone.

If you have any questions or comments, I'll try to do my best to answer them.

Okay, thank thank you very much.

Uh if there are no further comments, we do have two other individuals.

Uh okay.

Second is Gary Podgarski.

You recognize I'm recognized, but I'm waiting for the board to return, so apparently somebody took off, and you're not gaving the point of order to all the noise behind me.

Uh you may proceed.

Okay.

So before I proceed, uh you brought up, Mr.

Mayor, just a second ago, that the board did not interrupt people.

Okay.

That was wrong because I was interrupted tonight.

Okay.

Okay, so that's a point of order.

Uh you also allowed other speakers to go well over their time, and you keep pushing me for time.

That was wrong.

Uh, in addition, other people interrupted me during my speech earlier tonight, and you allowed that.

Okay, and uh it's been brought up a lot tonight about the Directoration of Independence, and I am a big fan of the Bill of Rights.

You've asked the chief to take note of who is causing a ruckus.

There is no point of order, it's my time.

That is a point of order.

I'm going to ask you to speak on the item on the agenda.

Okay, see.

Well, the item is the freedom of speech, which I have.

No, this has to do with the freedom of speech.

The the United States Constitution has a supremacy cause, and you guys are following the point of cost.

He refuses to.

Uh Chief.

Uh we're not gonna have that the language we just heard, we're not gonna have that.

And I'll censor it.

And in your attempt to disrespect people, you're just showing people who you are.

We're showing who you are.

We're showing who you are, chief.

And now my time is up.

Thank you for the comments.

I'll see you.

I'm gonna ask you to escort him out of the room.

I'll see you for the next one.

You ask me to do that now.

No, not if if there are any more comments that are out of order, not now.

Thank you.

And the last citizen to speak on item two is Jacqueline Hooper.

Okay.

Hello again.

I'm really just trying to get familiar with with all the things, you know.

I figure I'm gonna sit here, I might as well ask questions.

Um, so first I would like this is about rezoning items, correct?

Okay, so first um Proverbs 1611 says honest scales and balances belong to the Lord.

With that, I would like to know how are the neighboring uh property owners notified?

What impacts on traffic and public safety have been evaluated?

How does this align with the city's comprehensive plan?

And what protections exist for nearby homeowners?

Thank you.

That's all for item two.

Okay.

Thank you very much.

At this time, we will entertain a motion to adopt the ordinance with suspension of the rule.

So suspension of the rules.

Second, thank you, madam clerk.

Please read the ordinance.

An ordinance amending the master land use plan map, rezoning identified property and amending the zoning map.

And this is for property located at 705 Xavier Street.

Okay.

Any comments from the board?

Mayor.

Yes.

Thank you, Mayor.

Can Miss Rice from Administration address the questions that Ms.

Hooper brought forth on the zoning?

Sure.

For all zonings, we are required to notify the public three ways.

One of the ways is we post the property with a sign 15 days prior to the public hearing, which is the planning commission meeting.

We also place an ad in the newspaper, a legal ad in the newspaper.

And then we send letters to property owners within 300 feet of the property.

Additionally, it is reviewed by all zonings, all applications for any planning commission, but zonings included are reviewed by all city departments with comments that are relayed back to the applicant.

And so it does get a full review regarding traffic, all mitigating factors.

Okay.

Thank you very much for that.

So no further comments from the board.

Madam Clerk, call the roll.

Directors Kemp.

Yes.

George Kitzavis.

Christina Kitsavis.

Yes.

Settle.

Yes.

Martin.

Yes.

Rego.

Yes.

Motion passes with.

I'm sorry.

Yeah.

Motion passes with five in favor.

Five in favor and zero opposed.

This time we need a motion for the emergency clause.

So moved.

Second.

Second.

Thank you.

Adam Clerk call the roll.

Directors Christina Kitzavis.

Yes.

Settle.

Yes.

Martin.

Rego.

Yes.

Can.

Yes.

So approved.

Five in favor and zero opposed.

Number three.

Item number three is an ordinance rezoning property at 606 South 22nd Street.

Ms.

Rice.

Yes, sir.

On June 9th, the Planning Commission held a public hearing to consider the subject master land use plan amendment and rezoning applications.

The proposed master land use plan amendment to mixed use residential and zoning to transitional will allow for a new single story professional office.

A neighborhood meeting was held on May 28th.

There were five neighboring property owners that attended the meeting and did not have any objections.

At the planning commission meeting, Anthony Loreris was present to represent these applications.

Marcus Woodward, a neighbor, was present to speak in favor of the request.

The planning commission voted nine in favor with zero opposed to recommend the master land use plan map and zoning map be amended.

Okay, thank you very much.

Uh citizens' comments.

Yes, we have two individuals, the first being Gary Podgerski.

I think this is a good time to take two minutes to reflect on the freedom of speech.

Uh I would ask that you speak on the item number three, and that's a master use plan.

Are you going to speak on the item?

I'm using this time to reflect on the freedom of speech.

If you don't have any comments on the item, I'm going to ask you to take your seat.

And I'm not taking my seat for another minute and 35 seconds.

If I may, uh I'd like to yield back your time, sir.

So please uh pardon this point of inquiry.

Can can Colby can you weigh in on uh Mr.

Paderski's concerns about his amendment rights and how that fits with state legislature for the business of the city in this moment?

Including the supremacy clause.

Sure.

Government's ability to restrict speech largely depends on the venue, the forum.

You know, what's uh what we call a traditional public forum would be our sidewalks.

You know, that's why you have protests and and uh demonstrations uh in the public sidewalk right away.

Uh here at this board meeting, a business meeting of the governing body.

This would I think would be called a a limited public forum.

And what that means is the the city uh can open up if it desires channels of public input, as it has with uh citizens' forum and public comment on agenda items, and and the mayor, as the presiding officer under the city administrative form of government uh um can control the forum of this meeting is and is obligated to control the form of this meeting, and as a limited public forum, it is not problematic to have uh restrictions on speech that are not germane to uh the avenues which are available for speech.

Um it's certainly not problematic that you you restrict profane and obscene and insults.

Um that that is point of order.

And so there's no there's no problem with those uh rules of decorum uh being enforced, and that's not gonna run afoul in my opinion.

Anyone's constitutional first amendment rights, thank you for that.

I yield back Mayor Mr.

Paderski's time if you'd like to speak to the matter.

Madam Clerk?

Uh we did have Jacqueline Hooper, but she has declined to speak on item three.

Okay, okay.

With that, we need a motion to adopt the ordinance with suspension of the rules.

So moved second.

Thank you.

Madam Clerk, read the ordinance.

It's an ordinance amending the master land use plan map, rezoning identified property and amending the zoning map for property located at 606 South 22nd Street.

Are there any board comments?

If not, please call the roll.

Director Settle?

Yes.

Martin?

Yes.

Rego?

Yes.

Kemp?

Yes.

George Gitzavis.

Christina Kitsavis.

Yes.

It's approved.

Five in favor and zero opposed.

Motion to adopt the emergency clause.

So moved.

Second.

Thank you.

Please call the roll.

Directors Martin.

Yes.

Rego?

Yes.

Kemp?

Yes.

George Kitzavis.

Uh Christina Kitsavis.

Yes.

Settle.

Yes.

So it's approved.

Five in favor and zero opposed.

Number four.

Item four is an ordinance amending the plan zoning district provisions at 5300 South Zero Street and 5991 Grand Slam Loop.

Ms.

Rice.

Yes, sir.

On June 9th, the planning commission held a public hearing to consider rezoning property located at 5300 South Zero and 5991 Grand Slam Loop from Plan Zoning District, and that is a PCD ordinance 2123 to a plan zoning district.

Approval of the rezoning allows for a PZD with two character areas known as Character Area A and Character Area B.

Character Area A includes the six northernmost lots of the subdivision, allowing heavier commercial land uses, and character area B includes the 10 southernmost lots and permits less intense commercial uses.

A neighborhood meeting was held on June 1st.

There was one neighboring property owner that attended the meeting with no objections.

At the planning commission meeting, Mr.

Tyler T was present to represent the item.

There were none present to speak in favor or opposition.

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

Thank you.

Any citizens' comments?

We have Mr.

Thomas Gage to answer questions only.

But then we also have Gary Podgerskey.

Thank you for being here.

We also have Jacqueline Hooper.

Okay, Ms.

Hoover.

She's the only, yes, I'll call it six.

No further.

No further.

Okay.

Uh at this time we have a motion to adopt the ordinance with suspension of the rules.

So move, suspension of the rules.

Second.

Thank you.

Madam Clerk, read the ordinance.

An ordinance rezoning identified property and amending the zoning mapping.

This is for property located at 5300 South Zero Street and 5991 Grand Slam Glan Grand Slam Loop.

Okay.

Thank you.

Any comments from the board?

Please call the roll.

Directors Rigo?

Yes.

Kemp?

Yes.

George Get Savas?

Yes.

Christina Kitsavis.

Abstain.

Settle.

Yes.

Martin.

Yes.

Motion passes.

Five in favor, zero opposed, and one abstention.

Motion to adopt the emergency clause.

So move.

Second.

Thank you.

Please call the roll.

Directors Kemp.

Yes.

George Kitzavis?

Yes.

Christina Kittsavis.

Abstain.

Settle.

Yes.

Martin.

Yes.

Rego.

Yes.

Motion passes.

Five in favor and zero abstention.

Well, I can't talk today.

Five in favor, zero opposed, and one abstention.

Okay, thank you.

We'll go to item five.

Item five this evening is an ordinance to rezone property at 1725 North 7th Street.

Ms.

Rice.

Yes, sir.

On June 9th, the planning commission held a public hearing to consider rezoning property located at 1725 North 7th Street from residential multifamily medium density to commercial light.

Approval of the rezoning allows for an offsite parking lot of 12 spaces for restaurant overflow parking.

Neighborhood meetings were held May 26th and June 5th.

There were no neighboring property owners in attendance.

At the planning commission meeting, Mr.

Brett Abbott was present to represent the applications.

The planning commission voted nine in favor with zero opposed.

Recommend the zoning map be amended.

Okay, thank you.

Any citizens' comments?

Only one, which is Mr.

Gary Podgerskey.

I think he left.

Okay.

This time we entertain a motion to adopt the ordinance with suspension of the rule.

So move.

Second.

Thank you.

Please read the ordinance.

Ordinance rezoning identified rezoning identified property and amending the zoning map.

And this is for property located at 1725 North 7th Street.

Any comments from the board?

One question.

Director Martin.

Maggie, on page 116, it shows a building here, but in the discussion, it's this is only for off site parking.

Could you clarify if there's any actual building gonna happen on this?

Yes, sir.

The building is on North Sixth Street.

So this that is North Sixth Street is a restaurant, but you do see the building, and this the zoning piece is only for the parking lot, the triangular piece on North Seven.

So it's not this in the upper level.

That's existing, yes.

Any other comments?

Please call the role.

Directors George Gitzavis?

Yes.

Christina Kitsavis?

Yes.

Settle?

Yes.

Martin.

Yes.

Rego?

Yes.

Kemp.

Yes.

Six in favor and zero opposed.

Motion to adopt the emergency clause.

So second.

Thank you.

Please call the role.

Directors Christina Kitsavis.

Yes.

Settled.

Yes.

Martin.

Yes.

Rego.

Yes.

Kemp?

Yes.

George Gitzavis.

Yes.

It's approved.

Six in favor and zero opposed.

Number six.

Item six is a resolution approving the five-year consolidated plan for program years 2026 through 2030.

The year 52 community development block grant budget and the year 33 Home Investment Partnership Act Program Budget authorizing the submission of the five-year consolidated plan for program years 2021 through 2025 and the 2021 Annual Action Plan.

Director of Community Development, Candace Kabucci will further introduce this item and address questions from the board.

Good evening.

In October 2025, the community development department began work on our five-year consolidated plan.

The purpose of the plan is to gather input from Fort Smith residents to determine community needs in order to develop a plan that serves as a blueprint for funding for the community development block grant as well as the home investment partnership program.

Tonight we're looking for the board's approval on this plan.

We've prepared so that we are able to forward it on for HUD approval.

And I'm happy to answer any questions.

Thank you.

Are there any citizens' comments on the item?

Yes, we'd have two individuals, the first being Crystal Cadelli.

Each will have two minutes.

Good evening again.

Um between 2022 and 2025.

The city utilized the CDBG funds of 481,000 for the Fort Smith Housing Authority, Bailey Hill project.

So we use those funds for the demolition of the property, and also sewer and water improvements.

You know, these funds are meant to help the low income, and we can utilize them in all different ways.

Um I would personally like to see these funds used for infrastructure and low-income areas.

So we all know that we struggle with drainage issues, especially in the low-income areas on the north side of town, and we can utilize these funds to help start mitigating those problems.

I just, you know, don't like that we are giving such a large portion of these funds to one organization.

Go ahead, Neil.

I don't think you can use it for that.

You can.

You can because I actually spoke to trade I spoke to Debbie, with Debbie Dixon and Gene Noble, that actually are over it for the state of Arkansas, and as long as it is in a low income area, you can utilize those funds for infrastructure.

Okay.

Well, I I want to hear from campus, but that's good information.

And so, anyways, um I would just like to see it, you know, uh be a little more personal to the people that are struggling in these areas because as we know, drainage can affect property values, they can affect the quality of life with insects and just other things.

So, you know, I I had rather see it go to our community rather than just one organization.

Thank you.

And last we have last we have Jacqueline Hooper.

She's not here.

Oh, yeah.

Hello again.

So sorry, real quick.

I don't I don't really fully understand all of this again, but my question is: first of all, Jeremiah 297 says, seek peace and prosperity of the city, because if it prospers, you will too prosper.

As we seek the welfare of Fort Smith, I have one question before voting on this five-year housing plan.

Would the board consider postponing this vote long enough to evaluate whether the former school on Dodson, it's up for sale, it's setting there, would be able to be used for housing?

Uh maybe it can be put in like made into apartments.

Yeah, but I that's what it is.

I'm not sure how much it is, I don't really know, but I know that there are lots of places that are just setting empty, and they should either be removed and taken down because the glass is getting broken out.

There, I mean, there's just so much going on, and also it creates a risk when people are walking at nighttime for people to hide in those structures because it's not closed off.

So if it's a housing, if it's turned into housing development, it could also get a lot of the people that are at home campus sleeping outside off the streets.

I don't know, it's just my thought.

I don't really understand how it works, so that's why I would like to know if it's a possibility to use the money for those things.

Thank you.

So thank you.

Any further comments matter for the can just do did you want to make any further comments?

Um I can answer questions if I need to.

Okay.

Okay, thank you.

Just time with entertainment to adopt one second.

Thank you.

Any board comment, Director Neil.

You address the the question about um using it for infrastructure.

Certainly, yes, CDBG funds can be utilized for infrastructure.

So this is the seed act just not making that recommendation.

I I think it has more to do with applications that get turned in as well as dwindling law grant funding.

Um, part of the reason that the housing authority was funded was because of the turnaround for low income housing that they're going to be constructing.

Okay.

Um, a couple questions that I have.

Uh, there's two items related to community rescue mission and next step day room for um case management.

Um, do we know what like do we have we've we've given a lot of money for, or we've provided a lot of money for case management in the past.

Um do we have any or through this process or there track metrics for how this case management affects those and how it is leading folks out of homelessness?

Um we do get numbers from them on the back end of the year that goes into our CAPER report.

So the CAPER analyzes how many clients they served.

Unfortunately, we don't follow a homeless client that has utilized these services well into a year, 18 months after that.

Um I'm currently working with the continuum of care to establish something like that.

I know all the homeless agencies are also working on their own sets of criteria so that they're able to start addressing those issues as well.

Yeah, I that's what's that's what's kind of uh uh frustrating for me.

Um also the the uh workforce development program for the uh boys and girls club.

Do we know what that actually is?

Will we will we ever get to see what they're actually doing?

From a I don't know if there's a curriculum associated with it or or something.

Is there a way that we can find out what they're using, what what this what the workforce development actually is?

Uh yeah, as far as we know right now, um they're gonna be assisting teenagers with um last year they started working on a computer lab, so they're gonna bring teens in.

Uh, I think they're also gonna be bringing in um educators that assist with those kinds of.

Could we get the boys and girls club?

Could we have them provide some of that to us so we can just take a look at it?

Okay, thank you.

Candace, I just want to say thank you for your hard work in your department and all the volunteers and folks uh that work at the various agencies that access these funds and and do the best that they can uh with difficult circumstances.

I know it's uh hard, uh diligent work, and I am grateful that you and others do it.

Thank you.

Thank you, Director Christina Savage.

Candace is the the Bailey Hill Reservoir um homes are going to be about 200,000 apiece.

Does that qualify as low-income housing?

Um I think we have to be able to receive these funds.

And that will be a good Mitch question, but uh we have criteria that will go into home funding for I would have to look it up, I don't have it on hand, but uh we have a set of criteria as far as uh what homes can be sold for through the home program.

Because I looked at homes surrounding this area, there's a lot of existing homes selling for a lot less than two hundred thousand dollars, and I believe we got a fifty thousand dollar figure per lot uh at the study session, and there's a lot for sale directly uh abutting the the reservoir for sale for like 18,000.

So I I don't know that this is um saving anybody any money, I would say.

Uh I'm just surprised that it qualifies as low income.

That'll be something I'll have to get back to you on as far as what the criteria are.

If if I don't want to speak out of turn, I want to say maybe it's um 190,000 for new construction, it goes up every year just based on inflation, et cetera.

So okay.

Thank you.

Thank you.

Thank you, Mayor.

Uh Ms.

Kabucci, um, is this an item that we can have uh Mr.

Minnick from the Housing Authority answer that question so that we can weigh in on that?

Absolutely.

Uh, if he's willing to speak.

I think it's just a valid question.

I'd love to have an answer.

Thank you.

What determines the low-income housing is not necessarily the price of the home, it's the income of the buyer.

That's what determines whether they are an income qualified buyer.

The home that we would build at Bailey Hill, it would not be sold above appraised value.

So whatever the bank appraised the house for, that would be the final sales price of the house.

What bank would be appraising that?

Whatever bank was making the first loan.

It would be a bank that the buyer would choose.

Well, I think it would stand to reason that if someone is low income, they can't afford a house that's that expensive, right?

Right.

That's where the that's where the subsidies come in that I talked about the last time I was before you all.

And if you'd like us to give you some more information on the way those subsidies work, we'll be happy to do that.

Yeah, I guess I just think back to when I bought my first home, and I was, you know, in my twenties and it was $150,000.

And given I know that the housing market has changed since then, but um, you know, I had to work two jobs to do it.

Um I certainly wasn't considered low income uh for any sort of uh program.

Um so yeah, and just as a as a point of clarification, when the housing authority started its affordable housing program, you know, sales prices in 1999 were $65,000 for a home that the housing authority was selling.

Our most recent homes that we have sold have been you know between 175 up to 195,000 dollars given what the housing market is.

It's very expensive.

Thank you, Mr.

Minick.

I have one more question for Miss Kabucci if you could thank you.

And I've heard you've told Director Martin that it is uh doable to utilize these funds in infrastructure and low income housing areas.

How does the city go about pursuing that?

Because these are agencies, as I understand it, that have turned in through us for turn back spending.

So if we were to take you know, another piece of property or area in the city that is low income that wouldn't be affected by the flooding mitigation that we're going to be working on in the future, and this is outside that target zone.

How would the city go about identifying that project for a scope?

Would you have to partner with the housing authority or can we as the local government municipal government can we request it?

Can you speak to that?

Um it's it's definitely something that we would probably focus on in-house.

Um what I tend to ask is if we want to focus on something like infrastructure, we just have to decide what we want to cut to make that happen.

Um, you know, I I've completed this five-year plan now, and I'm kind of taking citizen input.

Um, if if the citizens are telling us they want to see infrastructure, that's what we will try to focus on right now.

From this plan, you guys have seen the summary, I've been bringing it to you.

Um, but what we're seeing from citizens is they want public services funded, they want housing rehabilitation funded.

So that's what I would turn around and ask is you know, if we do it in-house, which is completely possible and it is possible to do infrastructure, we just have to decide what other programs will be cut because we um I'm looking at 772,000 for CDBG.

So, and those dollars can they go up if if there's projects that are warrant it?

Is there a chance of increasing the award in the future?

I should hope so, yeah.

I'm hoping so right now uh we're just kind of at the mercy of the current administration and what they're willing to fund for CDBG.

So um it's flat right now, but having flat funding still could mean our funding goes down if new cities come in to apply for the block grant and take that piece of the pie.

Okay, thank you for your question or answers and thank you for your hard work.

Of course.

Any more questions from the board?

We need a motion to adopt the resolution.

We've got that.

Uh Madam Clerk, please call the roll.

Director Settle.

Yes, Martin.

Yes.

Rego?

Yes.

Camp?

Yes.

George Kitzavis.

Christina Cassavis, yes.

Motion passes five in favor, zero opposed and one abstention.

We'll go to item seven.

This is a resolution authorizing acquisition of sewer utility and temporary construction easements in connection with consent decree project number 25-12.

Director of Engineering Todd Mitge will introduce this item and address questions from the board.

Thank you, Jeff.

This project is ready to be bid in the fourth quarter of 2026, and as part of my initiative to be proactive in getting easements and properties and fee when necessary for consent decree water projects and roadway projects.

We have this deploy for permanent easements and temporary construction reasons for 42 tracks that are required for this work.

The total required easement for the easements is fifty fifty, seven hundred and sixty-two dollars.

So per the city attorney's direction, we don't usually ask for appraisals for anything that's less than a thousand or less than five thousand dollars in estimated value.

So all of these are under that uh estimated value.

So we've done the property valuation reports, and most of them are between three hundred and four hundred dollars for the temporary or permanent easements in this case.

Thank you.

Any citizens' comments, battle clerk?

None indicating, need a motion to adopt the resolution.

So my second.

Thank you.

Board comments, please call a roll.

Directors Martin.

Yes.

Rego?

Yes.

Camp?

Yes.

George Get Savas?

Yes.

Christina Gizavis?

Yes.

Settle.

Yes.

It's approved.

Six in favor and zero opposed.

Number eight.

This item is a resolution authorizing partial payment to inliner solutions LLC for construction progress on project number 17-09-C1.

The partial payment is greater than $750,000.

So my policy requires board approval.

Mr.

Mitkey.

Jeff said it well.

I have nothing to add unless you have questions.

Okay, thank you.

Any citizens' comments, Madam Clark?

None indicating.

Need a motion to adopt.

So move.

Second.

Thank you.

Any board comments?

Not please call the roll.

Directors Rigo.

Yes.

Camp?

Yes.

George Gitz Avis.

Yes.

Christina Gizavis.

Yes.

Settled.

Yes.

Martin.

Yes.

It's approved.

Six in favor and zero opposed.

Thank you.

Item nine.

Item nine is a resolution authorizing a counteroffer to the Union Pacific Railroad for fee acquisition of real property in connection with Basin 10 and Basin 14 capacity improvements phase two consent decree project number 24-11-C1.

Mr.

Mitkey.

Thank you.

The city originally offered from the April 7th, 2026 board meeting, offered 203,000 for 5.99 acres of fee acquisition to the Union Pacific Railroad.

And we received a counteroffer and a correction based on their valuation report.

They identified 6.2 acres instead of 5.99 acres and identified a mistake with our appraisal.

So this corrects that what we missed is the intersections for several streets along this route, the streets being Kincaid Avenue, Grand Avenue, North I Street, and North L Street is approximately 0.3 acres of land that technically the railroad owns where the road is sitting on because their ownership predates the city's ownership.

So they corrected us on that and added that to their counteroffer.

We asked asked our first offer for 78 cents per square foot based on our appraisal.

They counter-offered and said their price is $1.24 per square foot, equaling $339,000.

Our original offer was $203,000.

So I am submitting to you if you were willing to come with split the difference exactly even at $1.10 per square foot as a counteroffer to them.

They do not have to take it as a railroad.

They have more sway, I guess you could say, but in good faith, I believe a counteroffer is uh appropriate in this case.

So you could choose to go with the one dollar and one cent per square foot.

You could choose a different price or just throw it out.

So I'm open to any questions and details you need for this.

Thank you.

Direct settle.

Ah, wait till we make a motion, second the last more question, Mayor.

Okay.

Are there any citizens' comments, madam clerk?

None indicating.

Okay, we need a motion to adopt the resolution.

So moved.

Thank you.

Maybe we'll get a second.

Second.

Second.

Okay, thank you.

This time we'll go uh direct settle.

Well, concerns me with what you just said.

We have a federal consent decree work.

This is what this is about.

And the railroad's trying to play hardball for that.

Is that my understanding?

That is correct.

They assert that the price is.

I would really I'd really like to understand how they would think they would try to trump the feds at this point.

Because in this in this where I think the this is the trail, this is Dill Road Road Tracks, it's the trail that we're doing.

Is that correct?

There is a trail proposed once we are all done.

That's right.

Okay, that's part of the batch reeves group.

I think that's right.

Okay.

I'm good with giving away one, but if they come back, then I think we gotta rethink how we approach them because this is this is mandated by the federal government.

And so I mean, I think what you're offering is a fair, because they're never gonna put a train track there ever again.

They technically could, but it's very unlikely.

I and one of the reasons I want this in fee is so that we don't have that ever come back on us.

Okay, because we currently have a sewer line on there with a 10 foot easement.

And I wish when we'd gotten that easement from them decades and decades ago that we we'd thought ahead, but that's one of the things I'm trying to do is think ahead for uh 70 years from now.

Okay, thank you, Director Gustavitch.

Since this is for consent decree work, would it not be more cost effective to take the land by eminent domain?

I mean, I know we have to pay them something, but would it be less than what we'd be offering here?

I don't know that specifics on the eminent domain.

I know that we would use a lot of funds to fight it because they would have no problem fighting us in eminent domain or condemnation and arguably the railroad and not just union Pacific, but the road in general invented eminent domain back in the 1800s, and so they know all the the tricks of it.

And me personally, I don't like uh having to do that unless it's a complete last resort.

So, as far as expediency with the contractor wanting to do the work right now, and everything you my recommendation is continue this process.

But yes, we have that, and I'd love to hear you feel confident that you can get the deal done at this price.

I feel the only thing I feel confident, my confidence level for our meet in the middle price of 276,000 is about 25 percent.

The reason why is we have a email from the collier's um right-of-way consultant that union specific uses, and all it says is place the attached sale print for the ground union Pacific is willing to sell.

They are asking for one dollar and twenty-four cents per square foot for the six point two eight acres, which comes to six point or three hundred and thirty-nine thousand dollars, even in uh phone conversation with our right-of-way acquisition specialist, he said that's the railroad's price.

That's what they're gonna ask for, but in good faith, I want to do the best value I can for the citizens and save as much.

So I would really like to meet in the middle with them and even if I have to meet meet with them face to face.

So we'll see what they could what they can do, but in a way it kind of feels like a used car uh sale going back and forth.

So you feel like you're negotiating from a place of weakness?

Yes.

Okay, thank you.

Any other comments?

Please call roll.

Directors Kemp.

Yes, George Kitsavis?

No, Christina Kit Savis.

Yes.

Settled?

Yes.

Martin?

Yes.

Rico?

Yes.

Motion passes five in favor and zero or one opposed.

Item 10.

Item 10 is an ordinance approving a private club license for an establishment seeking to locate at 301 Garrison Avenue.

State law requires establishments seek approval from the local municipality before applying to the state's up division of alcohol beverage control for private club license, and this action fulfills that requirement.

Staff will address any questions from the board.

Okay.

Oh, there any citizens' comments, madam clerk.

None indicating.

Okay.

Intertain a motion to adopt.

So my second, thank you.

Any comments from the board?

One quick question.

Right.

Um it looks like back uh in on June of last year, this was transferred.

Um, the Paul's airline incorporated.

This was transferred over to them.

Did something happen with with that organization?

I I also remember that that we had that we recently did something similar for this address, and I think the ownership has changed, and I do not know what the circumstances of that change.

Okay.

Okay.

Thank you.

Okay.

No further questions, please call the roll.

Directors George Kit Savis.

Yes.

Christina Kit Savis.

Oh.

Settled?

Yes.

Martin.

Yes.

Rico?

Yes.

Kemp.

Yes.

Motion passes five in favor and zero opposed.

Okay.

This time we will go to the consent agenda.

There are eight items on tonight's consent agenda.

We have a resolution authorizing a contract with good one and good one for Riley Farm Park Improvements.

A resolution authorizing a contract with Force Grin for Tillis Park parking lot improvements.

A resolution authorizing a non-residential waste holler permit for WCA of Arkansas LLC.

A resolution authorizing a non-residential waste holler permit for MSG waste and refuse LLC.

A resolution authorizing a non-residential waste holler permit for radio roll-off LLC.

A resolution authorizing an agreement with Central Square Technologies for public safety dispatch system software.

A resolution authorizing change orders number one and two with fire trucks unlimited for refurbishment of fire apparatus.

Thank you.

Is there any item on the agenda that we need to pull for separate discussion?

I just want to make a comment.

Anything else?

Okay, Madam Clerk.

Are there any citizens' comments on this?

Yes, on items 11A and 11B, we have Larry Yancey to answer questions only.

But on item 11B, we have Kristen Kitchens.

Kitchens, you're recognized.

I just had some questions with the park department on the um parking at Tillis Park.

I I live in that neighborhood like a block away from there, and um I spent a lot of time there and I've noticed there's a lot of water everywhere, and uh you can see like uh work that's been done recently with some other things that there is some issues and it seems to be affecting other uh engineering areas in that way.

And I want to make sure that um when they're doing the parking lots that um some drainage and other things are also worked in in the deal so they can fix all those issues at the same time because if we do a parking lot and it's gonna have water and all kinds of other drainage issues, we're gonna just get in there by back where we are.

You're talking about drainage issues on the parking lot itself, and well, and all around those areas there's major drainage issues.

There's like if you look at that park, it kind of like goes in and out like there's yeah, and so um if they were gonna be doing that, I figured that we could try to maybe get it all done at the same time because that's gonna be a major issue.

And if they're gonna be doing parking lots, the drainage is also right by there where they're doing some parking lots that was right where that creek goes through as well.

Okay, so there's drainage issues.

Okay, thank you.

Thank you.

Thank you.

Was there any other madam clerk?

No, that was it.

Okay.

Uh and which item did you just say I just had a question.

It's it's 12% under the second lowest bidder, Mr.

Yancey.

Is he around?

I mean, do you have any concerns about that, Mr.

Yancey at all?

There's a there's a wide disparity in in those, so just want to get your thoughts.

Um the project received five competitive bids.

There was a pretty good gap in the low bidder.

Uh it is a local contractor who's done work for the parks department.

Um really no issues.

Okay.

I know it'll alleviate some some flooding issues for people using that trail, so that's very good.

Sure, just a little bit on the trails.

I think the the memo that uh director uh Sir Dister prepared, it is trying to make uh the the bridges within the Riley Farm uh trail uh more sustainable.

Uh the current ones are wood, uh take a lot of repairs.

It's gonna take the trail through the trees through the to the through the woods, isn't it?

It doesn't really change the path.

It's replacing a wood, it's replacing a wooden bridge uh with a with a a permanent bridge in the wood wooded area, and we're going to more like drainage structures for the for the other bridges.

Okay.

Yes, Mayor.

I just have a question or a comment on uh item B.

Okay.

Go ahead.

Uh could Dr.

Deucer come to the podium?

Sarah Deuster is director of parks and recreation.

Mr.

I just had a question because I have enjoyed the improvements at Tillis Park myself, taking the family over there and seeing it.

And we had talked about the parking lot and I'm excited to see this project move forward.

But to the spirit of Miss Kitchen's uh comments and concerns and questions, is this something that we could coordinate with public works to while the parking lot's being addressed?

Make sure that they can maybe take an assessment to something that they can do as well for assessing the drainage.

So we know I think I know the exact spot that she's speaking of.

And our crew, we already have an in-house plan for it.

We're just letting the out the contractors come in and do their work.

We have a plan to address that.

It was a known issue, but it's not something we should pay someone to do, and we can take care of it.

Do like a nice grass swell, and then we'll be fine.

So already in the works.

And is that something that you do before the work starts so that we're not damaging with bringing equipment out, or is that something you'll do?

It's the space that I'm talking about, it's on the other side.

So the you have a sidewalk, Grand Avenue.

Here's the parking lot, the new inclusive playground.

It's just passed over there, so it's not even actually against the parking lot area.

Okay.

So it won't be disturbed.

Thank you.

I'm looking forward to the improvements.

Okay.

Thank you very much.

Sarah, Mayor, if you don't mind.

I just want to ask, can we make sure we coordinate this around kids in school?

So if it's going to be during the school year, it's not we try to do as much Monday through that Friday when kids are at school.

Try to get this thing knocked out so that way we don't have a park that people use, especially in the fall time when it's going to be heavily used.

Absolutely.

For uh to October items and fall festivals.

Absolutely.

Thank you.

Any other comments from the board?

We need a motion to adopt the second to consent decree if there are no further agenda.

Sir consent agenda, thank you.

If there are no further comments from the board, please call the vote.

Directors Christina Kitsavis abstain on A.

Yes to everything else.

Settled?

Yes.

Martin.

Yes.

Rego?

Yes.

Kemp?

Yes.

George Kitsabis.

Yes.

Motion passes six in favor and zero opposed on all items with the exception of 11A, which is five in favor, zero opposed, and one abstention.

Okay, thank you very much.

We're down to the officials forum.

Uh the uh good news for all of us.

The record of decision concerning the foreign military sales uh has been finalized in Fort Smith.

We'll be the official home.

Um, we can expect um the first aircraft for our Singapore friends to roll off the assembly line sometime in December.

They will be getting the B model.

That's the one that uh goes up and down and can land that way.

Uh also we've got uh members of the German delegation in town preparing for their stay here.

Mayor, yes.

That's wonderful, exciting news.

Thank you for sharing it.

Thank you for your hard work uh all throughout this process and everybody that's been involved at all levels of government and commerce and public and private sector.

Thank them very much.

It would have been a win.

And uh the mayor's fourth of July party was probably the biggest I've I've ever seen.

Uh and I'd like to uh give a shout out.

Thanks, Josh, and the team that work with you and certainly Miss Jennifer who's moved on.

Uh did an amazing job, and it was flawless.

So again, thank you so much.

Uh Director Neil Martin, you recognize yeah, I wanted to I wanted to say it didn't really hit me until I saw a post from Josh about two o'clock on July 4th while I was home with my family, while I was um spending time with them, having a good time.

Josh and and all that team was out there working, and and it hit me at that point that they gave up his they hit Josh and and all the rest of them gave it their fourth of July to service the community.

And so I as I was really appreciative of that and really hit home that there's a lot of people that do a lot of work.

Um, they give up of their time for for all of us.

So uh Josh, thank you very much.

Thank you, and all those that I'm I'm saying Josh because Josh was there, but there was a lot of people that also were a part of that, all our police officers, all that stuff.

So thanks, everybody.

Yeah, you're right.

That was a 13-hour day for them.

And we we really appreciate it.

And many days ahead of that as well.

Many days were uh prior to that.

Uh Director Settle.

Uh thank you, Mayor.

Uh last week I had an opportunity to go to Indianapolis and spend time uh watching my daughter play volleyball and tour the city.

And uh to let you know the the the volleyball in the Fort Smith area is doing really well.

The 16 and 17-year-old teams qualify for national, the 14th to two.

All three teams did a wonderful at the national uh time there.

When you go out and look at other cities, you kind of start looking through the lens of a city director, and you see uh the same issues that they have that you have here.

Um while people like Indianapolis is everything it is, as soon as you get away from all the the niceties, you see what it is, and they're they struggle, they have their struggles, streets are struggling.

Um their community is good, but you know, they had Lucas Old Field, we got to play there, it was nice playing the convention center.

But overall, the the teams did a great job, but it's uh I probably the highlight was going back to the speedway museum that my dad took me in nineteen eighty-two and seen the same car as from then.

I saw I saw that picture you as a little kid.

I was a little kid back then.

I had hair back then, if you believe that.

Um, but overall, mayor, I just want to let you know that the volleyball is strong in the city of Fort Smith and the fall season is just around the corner.

So thank you very much.

That's true.

Fort Smith is strong and getting stronger uh every day directly to Savage.

Um yes, thank you.

I would like to request that um Daniel Mann come and publicly address this board and give us a state of health concerning the FCRA and its finances.

I'm told that they're almost broke, that they should be winding down.

We've been hearing that for several years now.

Uh we have all the beneficiaries who don't feel like they benefit from this trust, and I'd like to call on them to come and answer some questions for us and be transparent about their finances.

Okay, thank you.

Yeah, Jeff, um can we have a study session on this issue with the mountain burg water and the unread meters in Fort Smith and the free water that's been given away over the years?

We can certainly have a study session to talk about the issue of are you talking about the water filling station?

Yeah, water filling stations, the the the free water for Parrot Island, the free water for Ben Garren.

I mean, this is gotta this is need to stop.

You can't justify raising race on people when this is going on.

Okay, I mean I'd like to discuss the discussion, everybody's opinion.

Sure.

I mean, it takes another another person, but I'm sure there'll be okay.

I make a motion that I put this on a study session to discuss it.

Yes, yeah, um, yeah, I'm good.

I'm good with that.

Thank you.

Yeah, and in case I wasn't clear, I want to I want to make a motion to um bring Daniel Mann here to publicly address us.

Will anybody second that?

Second, okay.

Uh Director Kemp.

Yes, mayor, thank you.

A few things.

Uh, one just to advise the board we did get an update um from Colin Businer Associates.

Um the administrator search that Tuesday, July 14th.

They will be providing information for us.

Want to make that to your record?

Um the second one is uh just director Rigo, just a question for you or the board in general, in the spirit of the vote tonight uh for the boards uh voting and and not passing a resolution to carry forward any uh change of government to the ballot.

Is there any consideration among this board to make a motion to inform that our intent is not to litigate against a petition group?

And then I'd like to bring that to a discussion.

I mean, I mean, this the city what would we be litigating?

Yeah, I'm just I'm bringing forth.

Is there any real resolution of in good faith to show that our intent is to protect their process?

So we don't sue them for a petition, that we will in good faith receive their petition and follow the state statutes to protect their initiative.

Without filing any legal challenges.

The city would never I'm bringing it forward as I there's our discussion.

I mean, if there if there was something you wanted to uh put together for you know us to look at and consider I'd certainly you know consider it.

I'm I'm clear in what I said tonight though that I have no uh intention of vocalizing any kind of support for any frivolous like litigation of the petition process.

I just bring it up because of the comment.

I appreciate that.

Thank you for your sharing sentiment.

Also just want to share uh Mayor that I will be gone next week.

I'm going to uh a camp called Wendy Gap, which is a young life camp with a group of students, and we'll meet hundreds of other students, and uh it's an opportunity that I've uh decided to go and be with, and so look forward to watching what you guys discuss online, but I will not be able to be in attendance.

Thank you.

Thank you for the notice.

Nothing, sir.

Okay, motion to adjourn.

No, no, no.

Mr.

Damon, you're recognized.

I just I just wanted to make mention real quick that the consolidation of the River Valley Communications Center was effective yesterday in July 6th due to the interlocal agreement the board approved with Sebastian County in 2024, and the joint effort to come into compliance with the state's consolidation requirement.

Congratulations to Dr.

Mylam and the RBCC staff.

Anything else?

Okay, entertain a motion.

So moved.

So moved.

Thank you.