Fort Smith Board of Directors Regular Meeting - October 22, 2026

Note: The agenda and raw transcript date this meeting October 20, 2026, while the assigned metadata designates the meeting as October 22, 2026.

The Fort Smith Board of Directors met to discuss a $2.474 million consent decree program management contract with Arcadis, a bid rejection for a consent decree project, and a Maybranch Greenway construction resolution. The board approved several consent decree easements and consent agenda items, including employee insurance renewals, a cyber liability policy, a Tilles Park splash pad, and a bus donation. Several items were tabled for further negotiation or postponed to a future meeting.

Consent Calendar

• Items 3A-3E (Consent Decree Easements): The board unanimously (5-0) batched and approved resolutions authorizing easement acquisitions, counteroffers, and amendments for the 2022 and 2023 SSA Remedial Measures projects.
• Item 5A (Employee Insurance): Approved authorization for the City Administrator to execute agreements for medical stop-loss, pharmacy benefit management, telehealth, and third-party administration.
• Item 5B (Cyber Liability Policy): Approved the renewal of the Cowbell/Palomar cyber liability policy from Arthur J. Gallagher & Co. for $84,544.72.
• Item 5C (Tilles Park Splash Pad): Approved accepting the bid for the installation of a new splash pad at Tilles Park for $998,934.60. Directors expressed support for the project.
• Item 5E (Bus Donation): Approved an ordinance waiving competitive bidding to transfer a 2013 Ford E-450 bus to the Day One Hope Center.
• Item 5D (Hauler Hero Software): Withdrawn by staff.

Public Comments & Testimony

• Arcadis Agreement (Item 1): Several speakers expressed concerns. Crystal Cadelli questioned the lack of a guaranteed return on investment, broad contract language, and a prior fraud case involving Arcadis. Joey McCutcheon urged the board to negotiate a smaller, core-focused agreement. Lavon Morton offered cautious support, recommending rigorous oversight. Joanne questioned the accuracy of past consent decree reporting.
• Goodwin & Goodwin Bid Rejection (Item 2): Eric Lynn (Goodwin & Goodwin) stated they were informed the rejection was solely due to it being a single bid, not the price. He argued the engineer's estimate was unrealistic (e.g., $35k vs $375k for trench safety). Attorney Todd Lewis argued the city lacked legal cause to reject the bid under state law, citing prior awards of single bids, and threatened legal action.
• Maybranch Greenway (Item 4): Joey McCutcheon raised concerns about the city's perpetual maintenance obligations outlined in the resolution.
• Tilles Park Splash Pad (Item 5C): A speaker requested the board hold off on park spending until the full costs of the ACME Brick facility were known.
• Bus Donation (Item 5E): A speaker expressed support for the donation to the Day One Hope Center.

Discussion Items

• Arcadis Program Management Agreement (Item 1): Todd Mittge (Engineering Director) presented the item, emphasizing the $2.474 million not-to-exceed cost (3.9% of the annual CIP). Director C. Catsavis expressed major concerns over the broad scope, duplication of tasks (e.g., Task 16 vs 5/10), and value for money. She requested specific reductions. Director Kemp questioned decision-making empowerment. The board discussed negotiating the price down from an initial $3.4 million. The item was ultimately tabled (5-0) for further negotiation and review.
• Goodwin & Goodwin Bid Rejection (Item 2): Director Mittge recommended rejecting the sole $5.5M bid, which was 19% over the engineer's estimate. Director G. Catsavis noted the contractor's strong past performance. Director Good argued a rejection was unfair since the bid was properly opened. City Attorney Colby clarified the board could reject, accept, or negotiate. A motion to accept the bid failed (2-2). A motion to table and direct staff to negotiate passed (4-0).
• Maybranch Greenway (Item 4): The board convened as the Levee Improvement District No. 1. The resolution to construct the greenway failed (3-1, with Director G. Catsavis dissenting). During the Officials Forum, Director Kemp successfully motioned to place the item on the second regular meeting agenda in November.

Key Outcomes

• Arcadis Agreement: Tabled (5-0).
• Goodwin & Goodwin Bid: Tabled and staff directed to negotiate (4-0).
• Consent Decree Easements (3A-3E): Approved (5-0).
• Consent Agenda (5A, 5B, 5C, 5E): Approved (4-0).
• Maybranch Greenway: Resolution defeated (3-1). Scheduled for reconsideration in November.
• Appointments: Following an executive session, the board appointed Kandice "Amy" Gibbons (Central Business Improvement District), Christopher Reese and Abigail Wagoner (Future Fort Smith Committee). Appointments were also made to the Library Board of Trustees, Mechanical Board of Adjustments and Appeals, and Planning Commission.
• Executive Session: No actions were taken on the cybersecurity update or the Internal Auditor performance evaluation.