Highlights of the Fort Smith Board of Directors Meeting 7/15/25

At the Fort Smith Board of Directors study session meeting held 7-15-25, the Board discussed a request from 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) for the City to take over responsibility for all of those cemeteries. Fort Smith Cemeteries Inc. is making the request because they are financially unable to continue to maintain the cemeteries. The City has been assisting with mowing with costs to be paid back through the clean-up lien program the past couple of years. In 2024, $85,000 was appropriated for the mowing. The Fort Smith Cemeteries Inc. cemeteries have 55,000 graves from the mid-1800s onward.

Marty Clark with Fort Smith Cemeteries Inc. said that “the economics of running a cemetery are pretty terrible” and that with the trend towards cremation rather than burial it is impossible for his organization to bring in enough money from new interments and other such services to perform needed improvements and regular maintenance. He said that it is “time to find a real solution.” Forest Park is in immediate need of $450,000 of improvements. The State allows cemeteries to withdraw up to 20% of their trust fund every 10 years for capital improvements. The Fort Smith Inc. cemeteries currently have about $800,000 in their trust fund.

Ed Ralston with Fort Smith Cemeteries Inc. said that the situation is “not a huge financial debacle” but that it there is a “consistent shortcoming of operational funds.” He called the current situation “not a sustainable model.” The cemeteries bring in about $10,000-$20,000 per year, enough to mow the 85 acres about 1 and a half times. There is about a $100,000 deficit per year to maintain the cemeteries properly. Fort Smith Cemeteries Inc. owes First Security Bank $600,000 for a loan taken out by the organization’s former leader that was used primarily for improvements at Rose Lawn. The organization “haven’t made a payment in a long time.” There had also been $200,00 in debt owed to First National Bank of Fort Smith that the bank generously chose to forgive. Ralston said that the trust fund can cover the debt but it is “not as easy as just clean it up and hand it off.”

Bobbie Woodard-Andrews mentioned that Washington is the “last African-American burial ground in Fort Smith.” The cemetery is maintained 100% through volunteers and donations and Woodward-Andrews own contributions. The cemetery has 5-6 new burials per year. She mentioned needs at the cemetery including with need for ADA accessible sidewalks, tree trimming, and challenges in keeping the grass mowed. Repairs to a damaged fence will be done next week with funds from insurance.

Director Rego said that he is “supportive of the City managing” the cemeteries. He said that is “very important that we handle that responsibility.” Of Fort Smith Cemeteries Inc. and Woodward-Andrews, he said they have “taken the torch as far as you can” and that there is not “a line of people” to “take up the torch.”

Director Good praised the efforts of Fort Smith Cemeteries Inc. and Woodard-Andrews even with it being a “thankless job.” He said that the “City should take its role in maintaining the cemeteries.”

Mayor McGill said of the cemeteries “Our history is connected to those who are there.” He advocated for the City helping maintain them so that they could serve as a “place of comfort and peace” for visitors.

Director Kemp mentioned his experience as a pastor making him respectful of the “importance” of cemeteries. He also acknowledged the “limitations” of the City. He expressed a desire to find a balance “honoring the dead without over burdening the living.” He suggested that non-profits and faith-based organizations could help with the mowing and that the City could “partner at some level.” Director Kemp asked about the remaining availability for new burials. Lisa Welch with Fort Smith Cemeteries Inc. said that they could triple the size of Holy Cross and that Rose Lawn has remaining space for about 2000 more graves. Director Kemp asked about the infrastructure improvements needed at Forest Park. Welch said that the roads are not driveable (including a crevasse over 18 inches deep) and flooding results in some gravestones that are under more than a foot of water when it rains. Ralston said that the necessary paperwork detailing the needed projects has been submitted to the State in order to be able to withdraw from the trust to fund the projects.

Director Martin asked about fundraising efforts. Clark said that Fort Smith Cemeteries Inc. has approached prominent families with members buried there but that the “interest is not really there.” Director Martin asked about grant funding. Welch said “limited grants” are available, but that they require more than she knows how to do and the organization cannot afford to hire a grant writer. Ralston mentioned that the cemeteries do not receive any donations from churches. Director Martin asked about the State’s Insolvent Cemetery Grant. Ralston said that with that program the State takes over the cemeteries and that the State are “aware of our situation.” Clark said that the State “would do a horrible job” and “They’ve admitted that.” He said the State is “extremely supportive of us” but there is “nothing they can do financially to help us.”

Mayor McGill mentioned that State Representative Crawford has been working on legislation that would help give the cemeteries more access to their trust funds.

Director Good mentioned a couple of times he knows of recently that Fort Smith Cemeteries Inc. helped families in dire situations bury loved ones who died unexpectedly.

Options to address the issue will be on the agenda for a vote at the second regular meeting in August.

The Board discussed the Fort Smith Parades and Special Events permit ordinance in relation to policies for event organizers to cover for costs including police salaries, equipment use, toilets, and garbage collection. Financial responsibility for the police protection was the main focus of the discussion. One policy discussed was designating several events potentially including the Martin Luther King Day Parade, Antioch Thanksgiving Food Giveaway, Steel Horse Rally, Rodeo Parade, Mayor’s 4th of July, Peacemaker Music Festival, Veterans Day Parade, Fort Smith Marathon, Christmas Parade, and New Year’s Eve Ball Drop as “City Sponsored Events” in which the City will bear the costs of the Police protection, then all other events not deemed “City Sponsored Events” will have to cover the expense themselves.

Police Chief Baker clarified that he is not asking for any new legislation or amendments as the current special events permit process provides a mechanism for the costs to be billed to the permit applicant for special event permits, but that he would appreciate better clarity for decision making, standardized enforcement of the existing policy, and for budgeting. He also said that a more clear policy would eliminate accusations of unfair advantages being given for some events over others. He said “we can’t cut corners” on public safety. He clarified that only special events were being discussed, not protests. A permit is required for demonstrations with more than 40 participants that block sidewalks but it is never enforced. Organizers are “encouraged” to complete the application but Baker expressed the police department and the City’s desire to not “chill” exercise of free speech and the right to assemble and peacefully protest. Baker said that since 2020 there have been over 40 protests in Fort Smith and that there have been no property damage, interference with traffic, or injuries and only one arrest associated with protests.

Baker suggested three options to reduce the “grey area” in the way the policy has currently been being handled including the City just covering all of the costs all of the time, the City billing the organizers for all of the costs all of the time, or potentially having the City bear the cost of City services like police and garbage for all events that are deemed “City Sponsored” and others being billed for those costs. Baker said that it is “not unheard of for a City to do what we’ve been doing.” He said that the police department has been given guidance from the City Attorneys regarding the legality of using public funds for non-profit events and have been shown how to handle the matter legally through use of service contracts.

Director Martin expressed concerns that currently the City looks like they are “picking and choosing winners.” He mentioned that there are many different running events like marathons and charity runs and that there needs to be clear criteria on who does and doesn’t pay their own costs. He expressed a desire to make sure that the “City is being equitable.” Acting City Administrator Dingman said “defining would be good for staff.” Director Martin assured that the Board is not trying to “curtail protests.” He said that they do need to “be mindful” of spending.

Director Settle voiced support for a list of City Sponsored Events and for the Board to make a list every year naming what events will be considered City Sponsored. He also suggested having the funding for the costs for those events as part of the Board of Directors budget out of the General Fund.

Director Christina Catsavis voiced her view that whether an event is non-profit or not is “irrelevant” and that the costs for services like police and garbage are part of the “cost of doing business” for any event where an income is being made (even if that income is fundraising for a non-profit or being donated to a non-profit). She expressed that events without entry fees and without money coming in would be different, but events that charge entry fees, participant fees, have alcohol sales, or charge for vendor spaces should pay for their own costs.

Director Kemp expressed support for a “tiered approach” that would have events with income coming in cover their own costs. He suggested that the Mayor and Administration could decide what events are City Sponsored and the Board could set a budget amount that would be available for event sponsorship costs and when that fund is empty it is empty.

Director Good expressed support for letting the Board or Administration decide every year or two what events are City Sponsored.

Director Christina Catsavis mentioned that the Advertising and Promotions Commission use funding from the 3% hotel tax to sponsor advertising for events (up to $5000 per event). The A&P requires events that they sponsor the advertising for to grow their event every year after the first 3 years to stay eligible for sponsorship. She suggested that a similar growth incentive might also work for City Sponsored events.

The Board discussed discontinuing the parking meters permanently. The parking meters have been turned off and parking has been free temporarily, but that moratorium on paid parking is set to expire 8-1-25. In 2022, the meter program collected $61,695 but cost $98,746 to operate. In 2023, the meter program collected $68,481 but cost $103,002 to operate. Chief Financial Officer Richards said that doing away with the meters permanently “will not negatively impact the overall operating budget for the City.”

Dingman mentioned that the CBID supports removal of the meters and that in a survey of downtown businesses conducted by the Downtown Liason Officer 76% of the respondents supported removing the meters. Dingman said that County Judge Hotz wants the meters around the County Courthouse to stay.

Director Christina Catsavis expressed understanding of the need for meters around the Courthouse to remain but voiced support for removing the rest.

Director Rego voiced support for removing the meters except around the Courthouse. He opposed keeping the meters because they cost more to enforce than they bring in in revenue. He asked about the cost of removal. Dingman said that the heads come off easily and mentioned that the entire meters posts included have already been removed on one section of Garrison from 10th to Immaculate Conception. He said that there are ways to partner with the County on enforcement if the ones at the Courthouse are kept.

Director Kemp sparked discussion about the parking garage. Chief Baker mentioned that while the meters have been turned off and bagged that there has been an influx of unauthorized parking in the parking garage. He said that there would be a need for more enforcement in the garage, potentially through gates and tickets. He said that he is not an advocate of the Police department enforcing at the parking garage. He said that if the meters were to be kept at the Courthouse that the City could enter an MoU with the County for the County to enforce the meters.

Director Christina Catsavis suggested that the meters at the Courthouse could be “just left” and not enforced and people would put money in them on the “honor system.” Baker said “I’d like to believe that.” but that the County Judge disagrees. Baker said that people have put money in the meters during the hiatus on charging for parking when the bags over the meters have come off. He also mentioned that the meters would still need to be maintained and emptied when full. Director Christina Catsavis asked about the potential to use a phone app like ParkMobile for the courthouse meters. Dingman said that that would be possible and would also be a potential solution if all of the other meters are removed but there is a problem later and a desire to reinstate paid parking arises. He also mentioned that that type of system could be used for the parking garage.

Director Settle suggested just letting the County handle the Courthouse meters and to “get the City out of it.” Mayor McGill agreed with Director Settle. Director Settle mentioned that other cities are increasing their costs to park downtown rather than eliminating paid parking downtown.

A vote regarding removing the meters will be added to a future meeting agenda.

During the Citizens Forum section of the meeting, Krystal Cadelli spoke and mentioned the department heads being unprepared at the meetings and said that they “withhold information.” She encouraged the Board to maintain high expectations for the Administrator and department heads. She expressed concerns about the City’s “spending problem” and encouraged a focus on lower taxes and lower cost of living to bring in businesses.

During the Executive Session, the Board interviewed James Carter for the vacant Director of Internal Audit position. No action was taken on the matter. One other applicant had been scheduled for an interview at the meeting, but did not attend and was not interviewed.