The Fort Smith Board of Directors on Tuesday (Aug. 5) is set to remove parking meters in downtown Fort Smith. The board also is set to vote on a resolution acknowledging violation of Arkansas’ Freedom of Information Act (FOIA) by the acting city administrator.
The board initially waived downtown parking meter fees between Nov. 24, 2023, and March 31, 2024, to study parking trends and habits. A report from the Fort Smith Police Department about the study period indicated that “parking meters may be removed with little to no impact to our businesses.” As of early 2024, the city had 315 total meters and 285 active meters.
After the report, the board decided to waive fees for the remainder of 2024. Following that, the board voted to waive fees between Jan. 7 and Aug. 1, 2025.
Parking meter maintenance and enforcement resulted in a net budget loss to the city. The city collected in fiscal years 2022 and 2023, the last full years of metered parking, $61,695 and $68,481, respectively in meter revenues. The net cost of the parking enforcement program was $35,051 and $34,521 in 2022 and 2023, respectively.
Parking limits will remain around the Sebastian County Courthouse, but will be managed by the county, according to the proposed resolution.
“Street parking adjacent to Sebastian County Courthouse located at 35 South 6th Street shall be regulated by the placement of signs providing that such parking is for county business only between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, and limiting parking in such spaces to 30 minutes,” the resolution notes. “Such signs shall be installed and maintained on the county courthouse-adjacent side of Parker Avenue, Rogers Avenue, and South 6th Street. Enforcement of such parking regulations shall be the responsibility of Sebastian County.”
Acting Fort Smith City Administrator Jeff Dingman noted in a memo to the board that removing parking meters “aligns” with a goal by the Future Fort Smith Comprehensive Plan to improve accessibility to downtown Fort Smith.
FOIA VIOLATION
The board also will consider a resolution that would settle a lawsuit against the city that alleged Dingman violated provisions of Arkansas’ FOIA by not providing all documents, and not providing documents in a timely manner. Fort Smith attorney Joey McCutchen filed the lawsuit on behalf of Fort Smith resident Marilyn Moore.
The documents requested in the FOIA request were related to meetings between the city and state officials about the city providing water to a proposed 3,000-bed prison in Franklin County.
“The City of Fort Smith and Jeff Dingman admit that they violated FOIA by claiming that no responsive records to the Plaintiff’s request were available despite their existence and, failing to timely produce records in the three-day statutory requirement without an extension request,” noted the amended draft of an order from Sebastian County Circuit Court Judge Dianna Hewitt Ladd.
The order, if approved by both parties, would require the city to pay $1,771 in attorney’s fees and costs. However, the order agreement to be reviewed Tuesday by the board reflects changes suggested by an attorney representing the city.
“That edited version has not been approved by the plaintiff, so it should be considered still in draft form,” according to a memo. “If it needs to change based on feedback from the plaintiff after this agenda packet is published, a final agreed-upon version will be provided to the Board as soon as possible before Tuesday’s meeting. If the proposed Agreed Order of Dismissal is not mutually agreed upon, this matter is scheduled for hearing in Sebastian County Circuit Court the afternoon of Tuesday, August 12.”