Highlights of the Fort Smith Board of Directors Meeting 6/2/26

The Fort Smith Board of Directors meeting held 6-2-26 began with the Citizens Forum section.

Andy Posterick spoke and recommended the book “You’ll Pay For This” about municipal finances.

Krystal Cadelli spoke and supported prioritizing spending for water infrastructure, police, and fire. She suggested pausing Parks Department capital improvement projects. She also suggested selling vacant City owned land and buildings. She voiced support for making Arkoma pay their back bill and fair market price for their wastewater treatment. She also voiced support for the change in form of City government.

Chris Cadelli spoke and expressed displeasure with Parrot Island only having gone through the Agreed Upon Procedures process rather than a full financial audit. He voiced his support for the change in form of government and suggested that the Board put the issue on the ballot.

Dan Williams spoke and voiced his support for the change in form of government and suggested that the Board put the issue on the ballot.

Jacqueline Hooper spoke and expressed displeasure about the way court protection orders are enforced. She also voiced her support for the citizen initiated petition for the change in the form of government.

Jason Skerbitz spoke and reminded the Board that they work for the citizens. He expressed his dissatisfaction with the majority of the Board.

Shane McKinney spoke in support of the Board putting the change in form of government issue on the ballot.

Richard Morris spoke and reminded about and praised the legal protections that are in place to protect citizens.

Joey McCutchen spoke and suggested that the Board put the change of government issue on the ballot. He also mentioned that the Arkansas Secretary of State declined to give his opinion on when the citizen petition signatures have to be presented and when the elections related to the change in form of government would be if the issue were to pass. The Secretary of State referred the matter to the Attorney General’s office for an answer.

Kristen Kitchens spoke and voiced her support for the change in form of government. She also voiced concerns about oil and gas wells including concerns about wells in flood zones and near fire departments and ones operating without proper surety bonds.

Lavon Morton spoke and mentioned that the Agreed Upon Procedures findings for Parrot Island did not find any fraud or missing money. He suggested that if the Board intends to find a new management company for the park for next year that they should start on that right away.

Mickaela Gaffney spoke and voiced concerns about people in the city that are hurting and lack resources. She also voiced concerns about sex trafficking.

The Board voted unanimously in favor of making changes to the Universal Development Ordinance to bring it in line with State law. The changes include replacing the current phrasing “Daycare Home (twelve or less)” with “Childcare Family Home”, allowing for licensed childcare in a homelike environment as an accessory residential use, and requiring pick up and drop off of children to be done out of the public right-of-way.

The Board voted to allow Last Call of Garrison to apply for a private club alcohol sales permit for 1004 Garrison (the former Club Kinkeads building). All Directors voted in favor except for Director Christina Catsavis who was not present in her seat at the time so she did not cast her vote.

The Board voted unanimously to contract with Garver for $8,575,000 for engineering for consent decree improvements to the Massard Treatment Plant including designs for 2 new aeration basins, a blower building, solids storage tanks, a dewater unit, a pump station, a peracetic acid basin, secondary clarifiers, a parallel effluent discharge line, a river diffuser, and a wet weather treatment system. Garver will devote 45-50 employees to work on the project. Typically, design costs may cost around 10% of the total project construction cost. The contract with Garver will be for 5.5%-6% of the construction costs for the Massard plant project. This issue was discussed and tabled at the 5-19-26 meeting and discussed at the 5-26-26 meeting.

Joey McCutchen spoke and suggested waiting and hiring an outside independent engineering firm to assure that the price is reasonable.

Shane McKinney spoke and said that the Board is not qualified to lead the City and make the decision on the contract because none of them are professional civil engineers.

Director Kemp asked about the contract meaning that there would be no change orders. Water Resources Director McAvoy clarified that there would be no change orders unless the City changes and increases the scope of the project. He said that the contract guarantees the price and that Garver risks losing money.

Director George Catsavis asked if the EPA and DoJ have approved the project. McAvoy answered that the Capital Improvement Plan that includes the project was submitted to them. He said “They don’t approve work. They just want the work done.” He assured that the project meets their requirements.

The Board voted to contract with Square One Enterprises for $1,372,304 for Racetrack Road water improvements including a 3840 ft 8-inch water line expansion and a pressure reducing station.

Director Christina Catsavis said that she heard from Goodwin & Goodwin that they had concerns that they were the low bid and that Square one was allowed to change their bid after the bids had been opened to resubmit a lower bid and that the Square One bid was not dated and had no corporate seal. Engineering Director Mittge assured that the bid was not changed and that it was dated and sealed. He said that bids are not allowed to be modified after the sealed bids are opened. City Attorney Canfield said that he did receive questions from Goodwin & Goodwin including asking if the bids were dated and other “technicalities”. He said that Goodwin & Goodwin also asked whether a licensed plumber is required for the project. It is not required. They also questioned the contractors license. Canfield said that the license was not suspended. Director Christina Catsavis said that Goodwin & Goodwin “get outbid all the time” and it has never been an issue before. Canfield said that the City “haven’t found a reason not to award the contract.” Mittge mentioned that Square One was the lowest bidder, Crawford Construction was the second lowest, and Goodwin & Goodwin was the third place bidder.

The Directors all voted in favor of the contract except for Director Christina Catsavis who abstained from voting on the issue.

The Board voted unanimously without discussion to purchase two replacement one-ton Ram 3500 pickups to serve as service trucks for the Water Resources Department. The trucks will come from Breeden Dodge and cost a total of $116,618 for both.

During the Officials Forum section, Director Christina Catsavis mentioned that a resident has voiced his concerns about dozens of cats being dumped at Hendrix and South 40th. She requested a sign be put up there reminding of the penalty for dumping animals.

Director Christina Catsavis also said that the Agreed Upon Procedures for Parrot Island was also not exactly what was asked for. She said that her question about the “$8000 check that went missing” has still not been answered. She said that the Agreed Upon Procedures process is still ongoing and “not complete with no evidence of wrong doing.”