Agenda Highlights 4/18/23

The Fort Smith Board of Directors meeting scheduled for 4-18-23 will begin with a vote on changing the name of Fire Station 1 to Phillip P. Christensen Fire Station 1 in honor of long-serving well-respected Fire Chief Christensen that passed away recently.

The Board will vote on whether to approve a request from Torbole, Italy to become a sister city to Fort Smith (in addition to our current sister city Cisterna, Italy). The biggest factors in Torbole’s request for sisterhood are related to appreciation for Fort Smith native General William O. Darby and his Rangers’ crucial role in the liberation of that region of Italy from German control during WWII. General Darby was killed in battle on the Torbole waterfront.

The Board will vote on changes to the City Employee personnel policy in response to the Arkansas Medical Marijuana Amendment. In the proposed policy, no employees would be allowed to use or be under the influence of marijuana at any time while on duty regardless of whether they possess a medical marijuana card or not. To stay in line with federal law, the proposed policy includes that all employees that are subject to DOT regulations may not use marijuana and will be terminated if they test positive.

To stay in line with State law, employees may not use marijuana even if they possess a medical marijuana card if they are to be employed in jobs that are categorized as safety sensitive or security sensitive. Some safety sensitive jobs include law enforcement officers, anyone who operates a motor vehicle or heavy equipment, Fire department employees, lifeguards, anyone working with food, and water and wastewater treatment operators. Some security sensitive jobs include Police department roles including dispatchers and clerical workers with access to investigation information, anyone working in criminal prosecution, and IT employees. Employees who are classified as safety or security sensitive will be required to disclose to the human resources department if they are issued a medical marijuana card and will be terminated for failure to disclose. 97% of all City positions (all but about 30 jobs) are considered either safety or security sensitive.

The Board will vote on whether to initiate a water rate study. This issue was discussed at the 2-24-23 study session meeting.

The Board will vote on whether to accept a bid for $365,363 from Burns & McDonnell for a contract for flow monitoring services that are required by the consent decree.

The Board will vote on whether to accept a bid for $144,300 from Hawkins-Weir for the design phase of a sewer repair project that would run along the Kelly Ballfields and Creekmore in an area that has experienced over 20 sewer overflows in the last 3 years.

The Board will vote on whether to accept a bid for $2,031,326.60 from Steve Beam Construction for road construction on Leigh Avenue. The new stretch of road is set to be completed October 27, 2023.

The Board will vote on authorizing the initiation of litigation against Mickle Wagner Coleman and Mobley Contractors in relation to problems with the repairs related to the replacement of storm water drainage culverts along P Street near the water treatment plant running down to the river. The project was designed by Mickle Wagner Coleman and the construction was done by Mobley. The original project was completed in December 2014. However, sink holes opened up within the one year warranty period. In 2017 Mickle Wagner Coleman and Mobley agreed to fix the problem and share the costs equally between each other and the City up to a maximum of $134,854. However, near the flood of 2019, the repairs needed to fix the situation were found to be much more extensive than that initial estimate and in October 2021 the updated repair cost was estimated to be $2,928,201. Mickel Wagner and Coleman and Mobley still have not responded to the City’s suggestion for a settlement on the repair costs. The deadline to file litigation on the matter is rapidly approaching so the vote is being held to allow for a suit to be filed if necessary.

The Board will vote on whether to renew the lease for Fort Smith Park from the US Army Corps of Engineers for another 25 years. The Corps of Engineers leases the property for free to the City for use as a public park.