Highlights of the Fort Smith Board of Directors Meeting 8/19/25

At the Fort Smith Board of Directors meeting held 8-19-25, the Board voted unanimously to allow Trane to participate in the Tax Back program to receive refunds on sales taxes collected on building materials and new equipment used for their expansion project. The expansion will be a $5.56 million investment to add one new assembly line. The new line will add 63 jobs at an average wage of $25.00/hr.

Director Martin said that the expansion is “good news” and praised the good paying jobs being created.

The Board voted unanimously to issue a resolution officially declaring support for the Fort Smith National Historic Site and calling for continued and increased federal funding for the site and for it to continue to be operated by the National Parks Service. The resolution is in response to proposed significant funding cuts for the National Parks System at the federal level and federal suggestions that some national parks be managed as State level parks.

Darren Huggins with the Fort Smith Historic Site and Fort Smith residents Joey McCutcheon, Andy Posterick, and Jo Elsken spoke in support of the resolution.

The legally required public hearing regarding annexation of 45 acres of land near Hwy 271 and Texas Road was held and no citizens spoke at the hearing.

The Board was slated to vote on how to deal with Forest Park, Roselawn, Holy Cross, and Washington cemeteries. The situation was discussed at the 7-15-25 study session meeting where Fort Smith Cemeteries Inc. (the non-profit organization that currently operates Rose Lawn, Holy Cross, and Forest Park cemeteries) and Bobbie Woodard-Andrews (who currently operates Washington Cemetery) requested for the City to take over responsibility for all of those cemeteries.

One option to be considered is to continue to use the standard Neighborhood Services code enforcement process and continue to have Neighborhood Services provide abatement and place liens on the properties for the clean-up costs when necessary. Fort Smith Cemeteries Inc. already owes $85,907 in clean-up liens that are not likely to be repaid soon.

Another option would be for the City to take ownership and operation of the cemeteries. They would be purchased for the forgiveness of the existing clean-up liens. Debt owed by Fort Smith Cemeteries Inc. would not be assumed by the City. The plan would cost $961, 550 for the initial start up expenses and an annual cost in the future for staff, equipment, etc. of $1,249,413. Revenue from the cemeteries for services including interments is not likely to offset the operating expenses. The revenues Fort Smith Cemeteries Inc. currently takes in for all of their cemeteries are about $300,000/year. City Administration notes that staffing at Oak Cemetery, the cemetery currently owned and operated by the City, has been challenging. City staff recommends this option.

Joey McCutcheon spoke and expressed his view that the people buried in the cemeteries “deserve dignity” but that he is not sure the City can afford to take the cemeteries over. He said “ We need to do something.”

Dan Williams spoke and expressed his view that the City “doesn’t need any more property” but said he didn’t know if any of the options being considered are viable.

Jo Elsken spoke and suggested that the first step be to reach out to churches for donations and volunteers.

Director Rego said that there is “no cost neutral way to care in perpetuity for these cemeteries.” He said that whatever route the city goes there is going to be costs associated with it. He suggested potentially taking on the cemeteries one by one gradually over a few years instead of all at once.

Director George Catsavis said that he is “not interested in leasing or buying the cemeteries.” He voiced his support for allowing the State to take over the cemeteries.

Ed Ralston with Fort Smith Cemeteries Inc. said that effort to raise money “hasn’t been fruitful” and that without the City or state taking them over the cemeteries are “gonna look worse and worse.” Ralston said that State has not yet taken over any cemeteries, that if they were to take them over, Fort Smith would be their first. He said that moving forward with trying to get the State to take them over is Fort Smith Cemeteries Inc.’s next move if the City does not take them over. Director Martin asked how it is possible that the State has not already taken over any other cemeteries yet. Ralston answered that the majority of cemeteries in the state are operated by churches and some are by cities.

Director Good said that there is “just not a good option.” He said that the cemeteries are “not just history” but “our loved ones.” He said that the City taking no action and letting the State take over the cemeteries “does not work for me.” He said that it is “our responsibility to take care of these properties.”

Director Martin asked if the initial cost for the cemeteries would come out of the Parks fund from the 1/8 cent sales tax for Parks capital improvements. Acting City Director Dingman said that it would not, but rather would come from the General Fund. Director Rego asked if it would be possible for it to be a part of the Parks capital improvements that can come from that tax. Dingman said that it could. Director Martin expressed concerns about the cost coming from the General Fund.

Director Martin asked if families of people buried there are/have been asked to pay for upkeep. Ralston said that they have not and that there is no mechanism in place to identify who is buried there and who their relatives are that would need to be billed. Director Martin voiced that he is not in favor of the City taking over the cemeteries and favors looking for other funding mechanisms.

Director Kemp voiced his view that “We’re putting the cart before the horse.” He said that he is “very available” to participate in community efforts. He suggested potentially having the homeless help beautify cemeteries. He said he is “not for budgeting a deficit for fiscal year 2026.” He said that he could not vote “to put this on the City in perpetuity” at this time.

Director Good voiced his desire for “more discussion to explore more options” including talking to the County about it. He said that there is a “need to act quickly.” He expressed concerns about the cemeteries falling into neglect and becoming blighted if action is not taken.

Director Rego said that it is an “important topic and we have to act quickly on it.” He suggested that it might be possible to find a way to reprogram $500,000 in funds towards the cemeteries instead of the proposed $1.2 million. He said “If we can’t find a way forward, that will be a failure.”

Director Christina Catsavis said that the estimate for the initial outlay “seems excessive.” She asked if there is existing equipment that can be used. Ralston said that there is not, as they hire a backhoe and use his personal tractor currently. Parks Director Deuster said that the City would be “essentially starting from scratch.” She said that the estimate is a “very, very conservative estimate” and that they actually anticipate asking for more. She said that the Parks department currently only has one backhoe and mini-excavator that they use for all of the parks and Oak Cemetery. Director Christina Catsavis asked why it would cost $1.2 million for the City to operate the cemeteries when that is not being spent to operate them currently. Deuster said that they are currently operating at an “extreme minimum” and the estimate is what it would cost to maintain them at the same level as Oak Cemetery is maintained. Director Christina Catsavis suggested that there might be potential for taking over the Cemeteries one at a time and for cutting costs included in the estimate like uniforms.

Director Settle requested clarification from the State that the City could not be stuck with any of the debt owed by Fort Smith Cemeteries Inc. He also expressed his concern that if the City takes over these 4 cemeteries that other cemeteries will ask to be taken over, also. He suggested potentially using the A-Team to mow the cemeteries.

Director Kemp asked City Attorney Rowe if the City could legally use the streets department or parks department to mow the cemeteries. Rowe said that there would be “constitutional problem” with using City dollars or City employees to help, so the streets and parks could not help in that way. The City would need to acquire the cemeteries before they could legally help with maintaining them.

Director Settle asked the cost for hiring private companies to mow the cemeteries on a 10-14 day schedule versus doing it in-house. Neighborhood Services Director Gard said that for the 3 Fort Smith Inc. Cemeteries (without including Washington Cemetery) he’d received bids for $15,500, $11,169, and $10,500.

Director McGill voiced his support for the City taking over the cemeteries.

The Board voted unanimously to table the issue. It will be placed on the agenda for a future study session meeting.

The Board was slated to vote on contracting with Amaresco for $125,000 for an investment grade audit to analyse the existing water meter database focusing on meter consumption, sizes, and type of meters and to evaluate potential effects of system rehabilitation and automation via AMI meters to and determine potential operational cost savings. The project would take 3-5 months to complete. This issue was discussed and then tabled at the 7-22-25 meeting.

Kim Fodge spoke against the audit by Amaresco mentioning the “conflict of interest” possibly resulting in Amareso skewing the results to their own benefit. She expressed concerns about the expense of the AMI meters and suggested using the money for water leak repair instead.

Krystal Cadelli spoke against the audit and agreed with Fodge. She mentioned Jackson, Mississippi losing 90 millions from investing in AMI meters that failed. She suggested the money be used for water lines and storm drain work instead.

Andy Posterick spoke against the audit. He said that while he liked the idea of the meters switch to AMI meters is “too big and too fast.” He suggested switching to a frontage levy system to help with water utility funding.

Molly Echeveria spoke against the audit and against AMI meters. She expressed concerns about FOIA and transparency issues in the contract with Amaresco. She expressed concerns about privacy issues and increased utility costs with the AMI meters.

Dan Williams spoke against the audit. He said that the problem is not meters but leaks. He suggested more benchmark testing be conducted.

Jo Elsken spoke against the audit. She said the upgrade to AMI meters “sounds fantastic” but “something we can’t do right now.” She suggested that some of the study that Amaresco would be doing could be done in-house.

Lavon Morton spoke and expressed agreement “with the concept of the project.” He suggested potentially only replacing the older meters. He said that there needs to be a longer time to decide on whether to proceed with Phase II in the contract. He expressed concerns about the lack of detail in the contract about Phase II and that there is no end date mentioned in the contract for how long the City would be committed to Amaresco. As the contract is currently written the City would be committed to Amaresco forever. He suggested that the City might decide to only replace the commercial meters. He suggested that the City measure for themselves and make sure that the amount of water going to Van Buren and Mountainburg is being metered accurately.

The Board did not discuss the issue and the issue died without a vote due to lack of a motion being made.

The Board voted unanimously in favor of a three year renewal for the E-Builder software used for consent decree utilities projects. The total cost of all 3 years will be $285,286.79 ($90,495.41 the first year, $95,020.18 the second, and $99, 771.20 the third).

The issue of an emergency contract with Vortex for $316,510.50 to repair 400 ft of collapsed 8 inch sewer main line near the intersection of Cherokee Circle and Leigh Avenue was removed from the agenda. There was no discussion or vote on the matter at this meeting.

The Board voted unanimously to issue a non-residential waste collection permit to Marck Recycling and to renew Lakeshore Recycling’s permit. The permits will be for 2 years and include a 5% franchise fee.

During the Executive Session, Daniel Fudge was appointed to the Historic District Commission and Madeline Marquette was re-appointed to the Parks and Recreation Commission.

When the Board reconvened after the Executive Session, they voted to direct Human Resources to post the job listing for the City Administrator position. All of the Directors except Director Good voted in favor of the motion initiating the search for applicants to fill the position.