The house was packed Tuesday night at the Fort Smith Public School District Service Center on Jenny Lind Ave. for the regular meeting of the Fort Smith Board of Directors and although the directors addressed eight ordinances and a consent agenda, the draw was the Boards decision on trying to remove Civil Service Commission chairman Sam “Chip” Sexton from that panel
Mayor Sandy Sanders set the tone from the outset when he announced at the top of the meeting that the board would go into an executive session at the end of the meeting to discuss the proposal concerning Sexton.
Sanders announced that after the regular session that they would retire to an executive session to weigh two options; proceed with the effort or dismiss the proposal to remove Sexton. After a prolonged executive session the BOD came back with a third option: Ask Sexton to recuse himself as long as “his” law firm was engaged in litigation with the city.
Sexton shares offices with attorney Joey McCutchen who is suing the city over alleged FOIA violations. Sexton maintains he is not a part of that litigation and that he and McCutchen maintain separate practices.
City director Don Hutchings, after all of the other city business had been conducted, tried to derail the planned executive session before it ever started.
As the meeting moved into the officials’ forum, Hutchings asked if it would be appropriate to make a motion for the board to not go into executive session to discuss the matter since Sexton had called on any such discussion to be made in public.
“Are you asking to just not go into executive session or to not go into executive session to discuss this matter,” Sanders asked.
“I think we ought to just cancel the whole thing,” Hutchings replied to thunderous applause. “But yes, I’m referring to no going into executive session to discuss this matter.”
Hutchings made a motion seconded by director Kevin Settle and the resulting vote went down the same 4-3 battle line that anything having to do with Sexton, the Civil Service Commission and the proposal by police chief Nathaniel Clark to bypass the CSC in the hiring of supervisory personnel.
Director George Catsavis voted with Hutchings and Settle while directors Tracy Pennartz, Keith Lau, Andre’ Good and Mike Lorenz forcing the executive session with their votes.
Prior to the executive session there was other business conducted.
After a presentation of the 2016 audit, the board passed ordinances rezoning property at 801 Highway 271 from Commercial Heavy to Planning Zone District and at 6600 South Boston from Commercial Heavy Special to Transitional.
By a 6-1 vote, with Pennartz as the lone negative vote the board repealed and amended the “Panhandling” ordinance passed last month amid concerns that the revised ordinance would prohibit citizens’ from walking in public roadways.
After an assurance by city attorney Jerry Canfield that that was not the “intention” of the changes, the board passed the ordinance.
The board also closed a loophole in their contract with 3rd Rock recycling and Pen Sales LLC for recycling services by declaring exceptional circumstances and waiving the requirements for competitive bidding to they could execute an agreement with the out of town provider.
The board also approved a compromise settlement and mutual releases over Chaffee Crossing Ware Supply Improvements and authorized an expenditure of of $55,800 for the purchase of a new engine for the Creekmore Express train at Creekmore Park.
