Fort Smith Board of Directors Meeting – April 7, 2026

The Fort Smith City Board of Directors met on April 7, 2026, to consider a range of items including franchise renewal, budget amendments, a matching grant for a music series, ADA compliance funding, consent decree projects, and a stormwater pond design amendment that was ultimately tabled. The board approved most items, with a multi-year funding amendment for the Levitt AMP Music Series passing on a split vote.

Consent Calendar

• Approved the March 17 regular meeting and March 31 special meeting minutes (unanimous).
• Item 10: Approved 14 consent agenda items (Item 10F was withdrawn by staff) in a single 7-0 vote after a brief discussion on Item 10D (Burns & McDonald professional services agreement). Directors questioned the need to rent engineers; staff explained the $425,000 budgeted amount would help cover vacancies in the streets and drainage division caused by attrition, supporting up to four consultants over three to six months. The item remained on consent and was approved.

Public Comments & Testimony

• Item 4 (Levitt AMP Music Series grant): Dan Williams questioned spending $20,000 on entertainment when a survey showed homelessness and safety as top downtown concerns and noted 25% of Fort Smith households earn $25,000 or less. Crystal Cadelli expressed concern that the city is backtracking on its budget, citing the recent water outage and prioritizing infrastructure over concerts; she also noted the Main Street organization's administrative costs. Gary Podgersky agreed, stating the city cannot afford the $20,000 given the upcoming water consent decree project.
• Item 5 (ADA digital compliance): Gary Podgersky strongly supported the ordinance, stating the city has no choice under federal law, and thanked the board for accommodating his own disabilities.
• Item 9 (Acme Brick stormwater ponds design amendment): Joey McCutcheon criticized the additional $464,000 as an unanticipated expense and questioned why it wasn't known earlier. Shane McKinney noted escalating project costs and urged better upfront cost estimates to avoid “project creep.” Crystal Cadelli said the amendment more than doubled the original design cost and asked whether actual bids for rock removal were obtained. Gary Podgersky, a nearby resident, raised technical concerns about elevation and the need for pumping; city staff later clarified that gravity flow is feasible without pumps.
• Item 10B (Farmers Market solar canopy project): Kathy Mazuck thanked the board and staff for the project, noting that completed solar panels will provide electricity for vendors, replace noisy generators, and enable raw milk sales under new state law.
• Item 10D (Burns & McDonald contract): Joey McCutcheon argued the city should hire its own engineers rather than rent them at double the cost, and asked why positions weren't being advertised.

Discussion Items

• Item 1: Non-Exclusive Franchise Renewal for Non-Ambulatory Transportation Service, Inc. – City Clerk Sherry Guard presented the renewal for another five years (through April 30, 2031). The franchise, originally granted in 1986, covers specialized transport for elderly and disabled residents. Dave Carnahan, owner, described the 46-year-old business operating 13 vans 24/7, serving doctor appointments, and employing 16 families. The board approved the ordinance and emergency clause by 7-0 votes.
• Item 2: CBID Commissioner Reduction – An ordinance reducing the Central Business Improvement District Board from eight to seven commissioners at that board's request. Approved 7-0.
• Item 3: Annual Salary Ordinance for 2026 – Human Resources Director Eric Garvin said the ordinance retains the same pay scale for uniform and non-uniform employees, includes step increases for eligible uniform employees, and provides a 2.5% across-the-board increase for full-time non-uniform employees, as previously budgeted. Approved 7-0.
• Item 4: Levitt AMP Music Series Grant Funding – The resolution authorized $20,000 in matching funds for 2026 for the free concert series in Harry E. Kelly River Park, leveraging a $28,000 grant from the Levitt Foundation (for seven shows). During discussion, Main Street Fort Smith's Amanda Hager explained the city has supported the series for five years; Director George Kitzavis asked why it wasn't brought up earlier when the downtown services agreement was approved. Hager said notice was sent in November/December. The board debated return on investment. A motion by Director Good to amend the resolution to cover 2026, 2027, and 2028 at $20,000 per year was seconded. Director Neil Martin opposed, citing uncertain future finances. Director Kemp supported the three-year commitment. The amendment passed 4-1-2 (Directors George and Christina Kitzavis abstained; Martin opposed; Rigo, Good, Kemp, Settle in favor). The amended resolution then passed 4-1-2 on the same vote.
• Item 5: ADA Digital Compliance – Communications Director Josh Bufink requested $35,000 from un-obligated general fund dollars to remediate over 600 web pages and 6,500 documents to meet federal WCAG 2.1AA standards, following a DOJ ruling. He noted 1 in 4 U.S. adults have a disability. Director Neil Martin asked about Granicus's responsibility; City Attorney Colby Rowe confirmed the contract predates the ruling. Director Kemp inquired about future maintenance. Approved 7-0.
• Item 6: Easement Acquisition for Consent Decree – Engineering Director Todd Midke sought $4,000 to purchase a small lot on North L Street for a sewer pipe and construction staging. Approved 7-0.
• Item 7: Partial Payment to Craft Reynolds – A routine $844,000 progress payment for consent decree remedial measures project 19-15-C1. Director George Kitzavis questioned why the work couldn't be done in-house; Midke cited the $9 million project scale and 17,950 linear feet of pipe replacement requiring outside contractors. Approved 7-0.
• Item 8: Acquisition of Union Pacific Railroad Property – The city will acquire an abandoned railroad parcel for $203,000 (appraised value) to avoid future construction over new sewer pipe. The May Branch trail will be restored on top. Approved 7-0.
• Item 9: Acme Brick Stormwater Mitigation Ponds Design Amendment – Midke requested an additional $464,000 for a professional services amendment with Half & Associates to fund more geotechnical investigation, sewer reroute design (37% of the cost, paid by consent decree funds), utility excavation, and options for a third pond or a wet pond. He said the additional design could avoid up to $1 million in rock excavation and potentially allow the city to sell blasted shale. Several directors expressed concern over the cost increase and lack of detailed breakdown in the packet. Director Settle moved to table the item to a future study session for more information; the motion passed 7-0. Staff will bring the item back quickly due to consent decree deadlines.

Key Outcomes

• Franchise renewal (Item 1): Approved 7-0, including emergency clause.
• CBID commissioner change (Item 2): Approved 7-0.
• Salary ordinance (Item 3): Approved 7-0.
• Levitt AMP Music Series (Item 4): Amendment to extend funding three years (2026-2028) passed 4-1-2; final resolution as amended passed 4-1-2.
• ADA digital compliance (Item 5): Approved 7-0.
• Consent decree easement (Item 6): Approved 7-0.
• Partial payment to Craft Reynolds (Item 7): Approved 7-0.
• Union Pacific property acquisition (Item 8): Approved 7-0.
• Acme Brick design amendment (Item 9): Tabled to a study session by 7-0 vote.
• Consent agenda (Item 10): Approved 14 items (15 listed, Item 10F withdrawn) with no separate vote on pulled items, 7-0.