OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Fort Smith City Board Meeting - March 3, 2026: Consent Decree Modification, Rezonings, and Contract Termination

Meeting PortalTuesday, March 3, 2026
BodyFort Smith, Arkansas
SessionMeeting Portal
DateTuesday, March 3, 2026
StatusFILED
Video Record
0:00 / 1:08:34

Transcript — Verbatim
0:00

On this March the third year 2026.

0:05

As always, thank you for being here.

0:07

And these meetings are being uh televised live for the benefit of our residents who cannot be with us in person.

0:14

Director Neil Martin, since you're standing, why don't you leave us an invocation and uh direct settled in the pledge?

0:23

Pray with me, Father.

0:25

We are so delighted to be here tonight.

0:28

Thank you for the opportunity to do the business of the government of Fort Smith.

0:32

Father, I pray that you watch over us tonight.

0:34

Lord, guide us as we make decisions that affect our great city.

0:40

Lord, I pray that you would impart wisdom on us, that we would be in the right frame of mind to make the make decisions that uh draw us forward.

0:50

So, Father, I pray that you be with all those that are here tonight that will be speaking, give them wisdom as well.

0:55

Lord, I pray that uh all that we do we are unified, we are together.

1:00

And Lord, I pray that you would just watch over all of our actions and all of our words.

1:05

Lord, I pray that it's pleasing to you.

1:07

And Lord, we ask all these things in your precious and holy name.

1:10

Amen.

1:12

I'm glad that we have the United States.

1:26

Thank you very much.

1:30

Madam Clerk, please call the roll.

1:32

Directors Rego here.

1:34

Good.

1:36

Camp.

1:37

Here.

1:37

George Kitzavis?

1:39

Here.

1:39

Christina Kitzavis.

1:42

Settled.

1:42

Here.

1:43

Martin.

1:44

Here.

1:45

Okay.

1:45

Thank you very much.

1:47

This time I'll ask if there's any presentation for our board member or director on any item of business not already on the agenda.

1:56

Okay.

1:57

Seeing none.

1:58

We'll ask for the approval of the minutes from February 17th.

2:01

So moved.

2:02

Second.

2:02

Thank you.

2:03

All in favor?

2:04

Aye.

2:05

Thank you very much.

2:07

As in housekeeping, a reminder, a motion is second to adopt each of the following items must be offered before director's comments are made.

2:16

And public comments on items must be must pertain to the pre presented item.

2:23

Thank you.

2:24

This time we're going to go to the first item on the agenda.

2:28

Thank you, Mayor.

2:29

The first item tonight is a resolution approving and authorizing execution of an agreement and order of modification to consent decree.

2:36

This item was reviewed at the February 24th study session and moved forward for consideration this evening.

2:43

The agreement and order is a negotiated agreement to modify the consent decree that recognizes the city's effort to facilitate a financial plan to fund the capital projects required to comply with the consent decree along with the city's specific actions in 2025 to incrementally adjust sewer rates through 2030 and secure voter approval to reallocate existing local sales taxes and issue up to 385 million dollars of sales and use tax bonds to fund wastewater system improvements.

3:12

Following that approval, the City the City issued the first 100 million dollars of those bonds and has already authorized more than 50 million in construction contracts for remediation projects.

3:23

As a direct result of these efforts, the Department of Justice and the EPA have agreed to this modification order that provides the city with an additional 11 and a half years through June 30th, 2038 to achieve compliance, among other modifications that facilitate fair application of the consent decree to the city.

3:42

The city's attorney Paul Calamita is with us this evening.

3:45

And at this point, I'd like to turn it this item to Mr.

3:48

Calamita for further comments and respond to questions from the board.

3:52

Paul, thanks for being here this evening.

3:53

You're recognized.

3:57

Nope.

4:01

Okay, there we go.

4:02

So sorry, it looked like I was mute.

Discussion Breakdown — Share of Meeting
Water And Wastewater Management███████████████████████████████31%
Public Engagement████████████████████████24%
Engineering And Infrastructure███████████████15%
Procedural██████████10%
Public Safety██████6%
Budget Equity Analysis█████5%
Community Development████4%
Community Engagement████4%
Spiritual Guidance1%
Summary of Proceedings

Fort Smith City Board Meeting - March 3, 2026

The Fort Smith Board of Directors met on March 3, 2026, to consider a major modification to the city's wastewater consent decree, two rezoning requests, termination of a construction contract for water slides at Parrot Island, appropriation of insurance proceeds, and approval of a consent agenda with 10 items. All votes were unanimous (6-0 in favor).

Consent Calendar

  • The board approved the consent agenda containing 10 items, including: a resolution authorizing application to the FY 2027 community project funding program; a resolution for city administrator recruitment services; a resolution for air service compliance services at the landfill; a resolution for purchase of a fare collection and trip planning system for transit; a resolution for emergency medical dispatch services with Fort Smith EMS; a resolution for emergency mass notification software; and three resolutions for purchase of seven police department vehicles using police sales tax funds.

Public Comments & Testimony

  • Lavon Morton spoke in favor of the consent decree modification, stating the current version does not obligate the city to raise sewer rates beyond 2030 and that the financial plan allows for debt capacity to fund the remaining work.
  • Crystal Cadelli opposed the modification, arguing the city lacked focus on the consent decree, strained relations with EPA/DOJ, and faces at least a $300 million shortfall even with the sales tax reallocation. She later spoke in support of seeking congressional funding for water meters (item 6A) but urged the city to pursue more grants.
  • Chris Cadelli criticized the Parrot Island water slides contract process, alleging incomplete information and a no-bid contract that is now being terminated under threat of litigation. On item 6A, he requested that customers without working water meters receive reduced bills.
  • Jackson Goodwin and Trevor Harris spoke in favor of the Heather Ridge rezoning, describing a mixed-use development with walkable amenities targeting foreign military families, including 18,000 square feet of commercial space (e.g., cafe, coffee shop, yoga studio) and a pool.

Discussion Items

  1. Consent Decree Modification – City Attorney Paul Calamita presented the negotiated modification extending compliance from 12 to 23.5 years through June 30, 2038, providing technical flexibility and a compliance reset. Directors questioned Administrator Dingman, who confirmed the modification does not mandate sewer rate increases after 2030. Director George Kitzavis expressed concern about completing work in the extended timeline but voted in favor. Directors Good and Settle commended staff, former Director Morton, and the voters who approved the sales tax reallocation. Mayor stressed the importance of cooperative leadership with federal agencies.

  2. Rezoning at 5300 Heather Ridge Street – The planning commission recommended approval after a neighborhood meeting. Developer plans include mixed-use residential and commercial (Character Area A: ~3 acres; Character Area B: ~14 acres) with sidewalks, a pool, and a convenience store tailored to international residents. Director Martin noted improvements over a prior denial and confirmed that the gas well noise issue is being resolved.

  3. Rezoning at 7208 Mahogany Avenue – No discussion; the ordinance rezones 0.66 acres to transitional zoning for a consulting services business.

  4. Parrot Island Contract Termination – The board voted to repeal Ordinance 5-26 and terminate the contract with Royal Ridge Construction for water slides. Staff will reissue bids, with bids opening March 5, 2026. The contractor agreed to the termination.

  5. Insurance Proceeds Appropriation – CFO Andy Richards presented a bundle of insurance claims from various departments; the ordinance appropriates funds received in 2025 and 2026 for repairs.

  6. Consent Agenda Discussion – Director Kemp inquired about the lack of EMS dispatch consolidation; Mr. Milam explained delays due to staffing and space, with full consolidation planned for July 2026. The board discussed potential congressional earmarks for 911 radio upgrades. Director Martin noted that the city received $551.9 million in federal funds over the past three years.

Key Outcomes

  • Resolution modifying the consent decree (Item 1) approved 6-0.
  • Ordinance rezoning 5300 Heather Ridge (Item 2) approved 6-0, with emergency clause.
  • Ordinance rezoning 7208 Mahogany (Item 3) approved 6-0, with emergency clause.
  • Ordinance terminating Parrot Island contract (Item 4) approved 6-0.
  • Ordinance appropriating insurance proceeds (Item 5) approved 6-0.
  • Consent agenda (Item 6) approved 6-0.
  • Motions carried to schedule study sessions on: (a) utility credits or rebates for seniors (moved by Director Kitzavis); (b) a potential revenue generation plan presented by resident Andy Posterick (moved by Director Rego).

Meeting Transcript

On this March the third year 2026. As always, thank you for being here. And these meetings are being uh televised live for the benefit of our residents who cannot be with us in person. Director Neil Martin, since you're standing, why don't you leave us an invocation and uh direct settled in the pledge? Pray with me, Father. We are so delighted to be here tonight. Thank you for the opportunity to do the business of the government of Fort Smith. Father, I pray that you watch over us tonight. Lord, guide us as we make decisions that affect our great city. Lord, I pray that you would impart wisdom on us, that we would be in the right frame of mind to make the make decisions that uh draw us forward. So, Father, I pray that you be with all those that are here tonight that will be speaking, give them wisdom as well. Lord, I pray that uh all that we do we are unified, we are together. And Lord, I pray that you would just watch over all of our actions and all of our words. Lord, I pray that it's pleasing to you. And Lord, we ask all these things in your precious and holy name. Amen. I'm glad that we have the United States. Thank you very much. Madam Clerk, please call the roll. Directors Rego here. Good. Camp. Here. George Kitzavis? Here. Christina Kitzavis. Settled. Here. Martin. Here. Okay. Thank you very much. This time I'll ask if there's any presentation for our board member or director on any item of business not already on the agenda. Okay. Seeing none. We'll ask for the approval of the minutes from February 17th. So moved. Second. Thank you. All in favor? Aye. Thank you very much. As in housekeeping, a reminder, a motion is second to adopt each of the following items must be offered before director's comments are made. And public comments on items must be must pertain to the pre presented item. Thank you. This time we're going to go to the first item on the agenda. Thank you, Mayor. The first item tonight is a resolution approving and authorizing execution of an agreement and order of modification to consent decree. This item was reviewed at the February 24th study session and moved forward for consideration this evening. The agreement and order is a negotiated agreement to modify the consent decree that recognizes the city's effort to facilitate a financial plan to fund the capital projects required to comply with the consent decree along with the city's specific actions in 2025 to incrementally adjust sewer rates through 2030 and secure voter approval to reallocate existing local sales taxes and issue up to 385 million dollars of sales and use tax bonds to fund wastewater system improvements.

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