Updates for public sought on decree work

FORT SMITH — City directors are continuing to push for consent decree progress to be more clearly explained.

Ward 3 director Lavon Morton and At-Large Director Neal Martin at the board’s June 22 study session suggested the city publish data about consent decree progress easier for the public to understand. Officials at the April workshop estimated the city spent around $300 million on sewer improvements since the federal decree was lodged in 2015.

Their suggestions fell in line with those of Jarred Rego, who at an April 23 board workshop said he

would like the city to develop a communication plan to remind the public about the decree.

“Information is fragmented. I’m confused on where we’re at, the cost, where are we going, how far is it going to be, is it going to be moved out?” said resident Dave Madzar, who spoke to the board at the study session. “What I’m asking, is it feasible to have a high-level progress report, either quarterly or in some period of time, where the people can look at this?”

Fort Smith entered the decree, which is estimated to exceed $600 million in federally mandated capital improvement, in 2015 with Arkansas, the Department of Justice and the Environmental Protection Agency. It followed decades of unaddressed runoff from its sewage system. To pay for the projects, city sewer rates were raised 167% from 2015-2017.

As of Jan. 1, the city completed condition assessment reports for 2015-2020 and submitted four remedial measure plans. It also completed sewer system assessments on 287.3 miles of sewer lines, according to its 2020 annual consent decree report.

While At-Large Director Kevin Settle noted the report is available online, Martin said he wants the city to “make it easier” for public consumption. Morton said a chart to show miles of sewer line completed or under construction in the decree “would be as illustrative as anything else” to articulate the status of consent decree work.

“These targets, these milestones, these costs — are we progressing OK? Because unless you come to separate meetings, you don’t get a complete idea of where we are,” said Madzar, adding he believes the public having access to information about the challenges the city faces “would be very beneficial.”

“Annual reports are available, but they’re difficult,” said Martin.

The city has 5½ years to complete the remaining requirements unless a five-year extension secured in 2020 is granted. Officials also argue the city is eligible for two three-year extensions on the requirements on account of covid-19 and the 2019 Arkansas River flood.

Attorney Paul Calamita, environmental counsel for the city, said at the meeting the city has made progress in the decree but would likely need to raise sewer rates to appease the federal courts. Utility Director Lance McAvoy said the city will need “significant additional revenue” to meet obligations of the decree.