Highlights of the Fort Smith Board of Directors Meeting 8/5/22

At the Fort Smith Board of Directors meeting held 8-5-25 with Director Christina Catsavis absent, the Board voted unanimously in favor of zoning changes that would allow for Hope Campus at 301 South E Street to be able to do interior remodels by right and to do exterior changes as a conditional use with Planning Department approval. The interior remodels planned currently are for a dormitory room and the exterior changes planned currently are for adding a concrete pad and fencing.

Director Kemp asked if the zoning changes are intended to help Hope Campus when they are in pursuit of grants. Hope Campus Director Kasey Wilson confirmed that the zoning changes are helpful in making sure that changes to the facility would not be denied after going to the work of applying for and being awarded grants. Director Kemp voiced his support for the rezoning.

The Board voted unanimously to donate the 65x25 ft metal frame pavilion owned by the City at Hope Park at 14 North H to Hope Campus so it can be relocated to the campus. The campus requested the pavilion so that it could serve as shade in the heat and shelter in inclement weather for clients of the campus who are waiting for services provided inside the campus facility.

Director Martin asked if the intent of the pavilion was to provide a camping/sleeping area. Wilson answered that it is not. He acknowledged that while an outdoor camping area had been discussed previously, after further discussions with the community, that was no longer being planned. He said that the pavilion would just be for while people wait outside, primarily to provide shade from the summer sun. Director Martin asked if it would be a place to store belongings. Wilson said that while he hopes that the Hope Campus will someday be able to offer a storage space for belongings, perhaps somewhere inside their warehouse, that the outdoor pavilion would not be used as a storage space for belongings.

Director Kemp mentioned that if the City were to move forward someday with an ordinance related to homelessness that he would like to make sure that there is a place to “offer an alternative” to homeless people who are removed from areas where they are prohibited “other than jail.” He also expressed his support for moving the pavilion as a way of consolidating the public feeding locations for the unhoused.

Director Settle asked what would happen to the Hope Park property after the pavilion is moved and whether it could be sold. Acting City Director Dingman confirmed that it could be sold. Director Martin asked about the size of the property. Dingman answered that it is about half an acre.

Mayor McGill said “We are making progress in the area of homelessness.” and mentioned the recent groundbreaking for Community Rescue Mission’s Miller Cottages.

The Board also voted unanimously to waive the building permit and inspection fees related to the relocation of the pavilion. All of the other expenses related to the relocation will be the responsibility of Hope Campus.

Director George Catsavis asked about the total fees to be waived. Planning Director Rice said that she didn’t know the total yet but that it would “not be a huge amount” like in the $100-$500 range.

The Board voted unanimously in favor of a zoning change for 10405-10427 Preston Court to allow for the undeveloped property to be developed into 6 duplexes at the Stone Ridge subdivision.

Andy Posterick who owns land neighboring the property spoke to express his support for the change.

The Board voted unanimously in favor of a zoning change for 4900 Spradling that would allow for a vacant former church building to be used as an event center.

Director Rego thanked the owners for investing in activating the vacant building.

The Board voted unanimously to remove the parking meters downtown and cease collecting parking fees. In response to concerns voiced by County Judge Hotz, instead of the meters signage will be added to the area around the County Courthouse explaining that those spots are for County business only from 8AM-5PM Monday-Friday and limited to 30 minutes. The enforcement of those parking rules next to the Courthouse will be the responsibility of the County.

The Board voted unanimously to renew the contract with Heartland Business Systems for cybersecurity software and licenses for a total of $606,000 over 3 years ($180,000 the first year, $200,000 the second, and $226,000 the third).

Director George Catsavis expressed his displeasure at the expense of the contract.

Director Settle mentioned that the Fort Smith School District was recently hit with a cybersecurity incident and that Southside High School’s system is still down.

The Board voted to approve an Agreed Order of Dismissal in the Marilyn Moore v. City of Fort Smith and Jeff Dingman case regarding FOIA violations. In the agreement, the City agrees that Acting City Administrator Dingman violated FOIA by saying that there were no records in response to Moore’s request for records related to Fort Smith supplying water to the proposed prison planned for Franklin County when records existed and that Dingman and the City failed to produce the records within the 3 day period required by FOIA. In the agreement, the City agrees to pay $1500 in Moore’s attorney’s fees and $271.40 in costs. The agreement ends the legal matter without it going to court.

The plaintiff, Marilyn Moore, spoke on the issue. She explained that her FOIA request was made because after a public meeting where the Governor said to Franklin County residents that the prison is a “done deal” she and others “set out on a mission to dig through public records” regarding the prison and found “inconsistencies”, falsehoods, and State government staff making fun of the people of Franklin County. She expressed her desire for the City to approve the Agreed Order saying “Let’s more forward and in the future try to do better.”

Krystal Cadelli spoke and said that the lawsuit is about “honesty and transparency.” She encouraged the Board to “be thoughtful” about who is employed to serve in City leadership roles.

Director Kemp voiced his opposition to the prison and his support for prison reform and praised the use of programs including Drug Court, DUI Court, and Mental Health Court. Of the handling of the FOIA requests, he said “We’ve got to do better with this.” He suggested potentially using technology including AI to help find requested files. He said that Dingman has taken action and that another staff member who has the time and ability to focus more on FOIA requests has been designated to address that task. Director Kemp apologized to Moore. He said that he will vote against the agreement because while the City missed the deadline to provide the records the delay was not “driven by ill intent" or an effort to conceal information. He also expressed concerns about the legal process used in the case including the expedited hearing. City Attorney Rowe said that if the case were to go to court and the plaintiff were to win then they would be awarded their attorney’s fees if the records provided after the lawsuit was filed were “significant or material information” related to the FOIA request. Rowe said that while a Judge “may disagree”, he feels that the records provided after the lawsuit was filed are not material or significant. Director Kemp asked about the expedited hearings. Rowe clarified that with the expedited hearing exception for FOIA cases the plaintiff can petition for a hearing and have it set within 7 days. The defendant normally has 30 days to answer a lawsuit. He expressed his view that while the matter has not been heard or ruled on by the Arkansas Supreme Court, the expedited hearing exception for FOIA could potentially “run afoul” of separation of powers and could be found to be unconstitutional. Director Kemp asked if the case could potentially escalate up to the State Supreme Court. Rowe said that it could. Director Kemp voiced his support for taking the matter to court where there is a potential of not having to pay rather than spending $1500+ in attorney’s fees and costs by accepting the agreement.

Director Martin said “The expectation is transparency.”

Director George Catsavis asked if the matter were to go to court and the City were to lose if it would cost more than accepting the agreement. Rowe said that yes, because the plaintiff would have higher attorney fees it would cost more. Director George Catsavis asked if Rowe would recommend accepting the agreement. Rowe said that there is “no guarantee in any litigation” and that it would be “a judgement call for this Board.” Director George Catsavis asked if the City’s history of past FOIA violations would be relevant if brought up in court to show a pattern. Rowe said that the history “isn’t relevant” and that “a pattern is not the standard” in that case.

Director Good expressed his preference to pay the relatively low amount in the agreement and move on.

Director Settle asked if State Act 505 that recently made changes to the FOIA laws would affect this case. Rowe said that it would not.

The Board voted to accept the agreement with all but Director Kemp voting in favor of accepting it.

During the Officials Forum section of the meeting, Director Martin reminded about the water conservation measures that are in effect because of the broken water main. Dingman updated that the repair of the main was completed at about 11:30 last night but that it will still take a couple of days for disinfection and the tank to refill so conservation measures will still be in effect. Director Settle praised the Streets and Utilities workers and contractors who did the repair. Mayor McGill said that it was “not an easy project” and mentioned that a boil order or major disruption were prevented. Director Rego thanked the workers and their families who supported them while working on the repair.

Dingman suggested that the strategic goals workshop could be held on Friday, 8-22-25 at the Area Agency on Aging building. Director George Catsavis voiced his preference for it to be held at the Blue Lion building instead. Multiple other Directors voiced support for the Area Agency on Aging building. The meeting was scheduled for 8-22-25 at the Area Agency on Aging building.

Dingman apologized publicly to Marilyn Moore (who was no longer present at the meeting) for his role in the FOIA issue.