Miniature golf facilities and the pool concession stand at Creekmore Park will be under new management in a few weeks.

The Fort Smith Board of Directors voted 6-1 to terminate the park’s lease agreement as part of the consent agenda with Heather Mendez for not completing duties as outlined in the contract to operate mini golf and concessions.

Mendez told the board she started the business after being unemployed by saving up gift cards she received. Under the agreement, which she entered in 2016, Mendez was also responsible for operating the Fort Smith Convention Center concession stand.

According to a memo from Parks and Recreation Director Doug Reinert to City Administrator Carl Geffken, Mendez failed to submit payments and verified reports for games played at the Creekmore Park Putter on time on more than one occasion.

The memo also states the department received a notice of “non-sufficient funds” following Mendez’s payment in August. Mendez told the board she had deposited $1,000 into the appropriate account prior to submitting the payment. The funds, she said, were placed on hold before being available for purchase, a common practice by banks as they process the deposit.

Due to Mendez’s “history of inconsistently submitting reports and payments” as required by the lease agreement, Reinert wrote in the memo that he recommended the board approve the contract termination.

“I think that rather than just one thing or two things; it’s a comprehensive set of not doing your reports and not making your payments like you signed your contract for. The contract is legally binding,” said At-large Director Robyn Dawson. She noted her appreciation for Mendez’s ability to start a business using gift cards, but that “when you sign contracts, you do have to follow through with those.”

At-large Director Neal Martin voted against the lease termination.

“I do understand we have to operate effectively and hold our contractors responsible, but in this case, I would have liked to see us extend a little grace to her,” Martin said in a text message Wednesday.

Martin said he trusts Reinert and Geffken and is not trying to question them. He does believe remediation could have happened in an attempt to resolve the issue.

“I just felt that I didn’t want to be the person who voted for this lady to lose her income and livelihood,” Martin said.

Mendez said she didn’t realize the board was voting until after it was over.

When items are on the consent agenda, the board typically votes it up or down as a whole unless a member specifically thinks he or she will vote in opposition for it or have questions on the item. Then, the board will pull the item to discuss separately.

In this case, the entire agenda was a consent agenda, so the board pulled Mendez’s issue for discussion, however, it voted all at once.

Martin voted in favor of all other consent agenda items, which passed 7-0.

For the Creekmore Putter facility, Mendez said it made $26,200 in one year. The city receives $1 per game of golf played. It made $8,700 last year, Mendez told the board.

The Parks Department has sent out a request for proposals to operate the facilities, Reinert said. Anyone interested is encouraged to pick up a bid proposal package at the Creekmore Community Center.

Proposals will be presented to the parks commission and recommended parties will be brought before the city board, Reinert said.