Baldwin voids contract on wastewater project
The Baldwin City Council voted Monday night to void a contract with Woodard & Curran on a proposed upgrade to the wastewater treatment plant. Council members say the contract was signed by the former mayor without their approval or knowledge.
Jeff Parrish made the motion to invalidate the contract and not pay the $203,870 invoice. Attorney David Syfan was questioned about the contract being valid since the charter was not followed.
“In my opinion, the contract would not be binding,” he said. “If the charter was not followed, it is not binding.”
Woodard & Curran Senior Project Manager Bill King said, “This was done in good faith. We dealt with a representative for the city. We don’t meet with each council member on projects of this nature. We work with one, maybe two representatives.”
King indicated it is not up to his company to make sure the city’s charter is followed.
King added, “If you choose to invalidate the contract, I hope you can sleep with yourself at night.”
Councilman Jeff Murray said, “Before I vote to invalidate the contract, I want to know what it will cost us if we get tied up in court on this.”
Syfan said, “There will be litigation cost but it will be nowhere near $200,000.”
Council member Beverly Holcomb seconded Parrish’s motion and the motion carried unanimously. King had no comment following the vote by the council.
The project was for design work on the wastewater treatment plant project by Woodard & Curran, the company hired by the city to operate the city’s water and wastewater treatment plants.
The proposed project is to repair the wastewater treatment plant and the total cost is an estimated $1.34 million, based on preliminary bidding. Woodward & Curran earlier requested bids on the type of project Baldwin would need, as well as looking into some possible state funds or stimulus monies the city might be eligible for in a second round of federal funding.
The project is one of the ways that Woodward & Curran proposes improving Baldwin’s wastewater treatment plant. Proposed improvements include new flow meter, filtration screen, grit chamber and splitter box.
Following these upgrades, the city would then have the plant operating closer to the designed capacity, according to the company. Upgrades under the project would also allow the city to more easily transition into expanding the operation as the economy rebounds and industry moves into the city limits, officials added.
The current average use of the wastewater treatment plant is 400,000 gallons per day, with a rating of 800,000 gpd. The long-term goal is to achieve a 1,600,000 gpd rating, which would allow Baldwin to tie in significant industrial growth.
The project is one part of a capital plan that Woodward & Curran is proposing Baldwin’s city council to consider. The capital plan would work as a road map for the city and, according to Brent Bridges of Woodward & Curran, “cities with plans are better suited for stimulus funds.”
BACKGROUND GIVEN
At the called meeting Monday night, Mayor Jerry Neace presented copies of the timeline for the project. On May 15, 2009, former mayor Mike Kelley signed a $5,000 contract for preliminary work to apply for Georgia Environmental Facilities Agency (GEFA) money for the project. According to the council minutes of May 26, 2009, the council approved this action.
On Aug. 20, 2009, Kelley signed a $210,000 contract for the engineering and design work. Meeting minutes during this time frame do not reflect any discussion with the council on this contract.
The $210,000 contract included a provision that another $105,000 would be paid to Woodard & Curran to oversee the proposed upgrade project. An invoice for $203,870 was sent to the city on Nov. 12, 2009. On Nov. 17, 2009, Woodard & Curran sent a letter to Kelley and a copy to Betty Harper, Baldwin finance director, notifying the completion of the work that was authorized by Kelley. Harper said she emailed a copy of this letter and a copy of the invoice to each council member on Nov. 24, 2009.
At Monday’s called meeting, council members denied receiving this email. Council member Holcomb said, “I did not receive this email. I have 1,500 emails saved and I checked back through them and it was not there. I was shocked when I saw this.”
On Friday, Jan. 15, 2010 at 4:37 p.m. council members were notified by an email from Betty Harper of the contract invoice.
The city charter requires contracts be approved by the city council and be reviewed by the city attorney. Syfan said on Monday he has not reviewed either of the two contracts, the $5,000 or the $210,000.
Mayor Neace stated on Monday that Harper asked the former mayor to attend the meeting and he declined. Harper also asked King to attend Monday’s meeting to answer council questions on this issue.
When questioned by the council about the contract, King said as he recalled Kelley and his wife coming to the Woodard & Curran office in June 2009 and picking up the $210,000 contract.
“The mayor and his wife came to our office to discuss his visions for the city,” King said.
On Aug. 20, 2009, King advised that a meeting was held with Kelley and council members Murray and Robert Bohannon. At this meeting, King reported Kelley was informed Woodard & Curran could not proceed with the GEFA application without a signed contract. Kelley signed the contract that day.
Both council members Murray and Bohannon stated they did not remember a dollar amount being discussed at that meeting.
Bohannon said, “I know I would remember a $210,000 amount.”
Murray said, “I thought we were agreeing to proceed with the grant application, only.”
King advised the council that due to the fact the contract was held for over two months, the city dropped off the list for GEFA funding. The GEFA loan would have been a 70-30 grant. The grant would have been for 70 percent and the city would have been responsible for 30 percent of the total cost.
RESIDENTS SPEAK
Several Baldwin residents addressed the council about this issue on Monday.
Former council member Ray Holcomb said he was on the council at the time this took place.
“I know that the council did not approve this,” he said. “We would not approve this without knowing how we were going to pay for it.”
Andrea Harper, Willingham Avenue resident, said “I am astounded that this has happened.”
Baldwin resident, Mark Reed, said it appeared to him that there was a big rush to get the engineering done. Reed also said, “There seems to be a dispute in communication.”
Reed added he felt like former mayor Mike Kelley should be at the meeting to address this issue.
“He needs to be brought to a meeting with the citizens, kicking and screaming if need be,” Reed said.
Reed recommended that the city take bids on the engineering costs for a project of this sort in the future.
CLOSED SESSION
In other business at Monday’s called meeting the council met in closed session for an hour to discuss litigation. When the meeting was re-opened to the public, Neace said, “Any pending litigation will be turned over to our attorney.”
“In my opinion, the contract would not be binding,” he said. “If the charter was not followed, it is not binding.”
Woodard & Curran Senior Project Manager Bill King said, “This was done in good faith. We dealt with a representative for the city. We don’t meet with each council member on projects of this nature. We work with one, maybe two representatives.”
King indicated it is not up to his company to make sure the city’s charter is followed.
King added, “If you choose to invalidate the contract, I hope you can sleep with yourself at night.”
Councilman Jeff Murray said, “Before I vote to invalidate the contract, I want to know what it will cost us if we get tied up in court on this.”
Syfan said, “There will be litigation cost but it will be nowhere near $200,000.”
Council member Beverly Holcomb seconded Parrish’s motion and the motion carried unanimously. King had no comment following the vote by the council.
The project was for design work on the wastewater treatment plant project by Woodard & Curran, the company hired by the city to operate the city’s water and wastewater treatment plants.
The proposed project is to repair the wastewater treatment plant and the total cost is an estimated $1.34 million, based on preliminary bidding. Woodward & Curran earlier requested bids on the type of project Baldwin would need, as well as looking into some possible state funds or stimulus monies the city might be eligible for in a second round of federal funding.
The project is one of the ways that Woodward & Curran proposes improving Baldwin’s wastewater treatment plant. Proposed improvements include new flow meter, filtration screen, grit chamber and splitter box.
Following these upgrades, the city would then have the plant operating closer to the designed capacity, according to the company. Upgrades under the project would also allow the city to more easily transition into expanding the operation as the economy rebounds and industry moves into the city limits, officials added.
The current average use of the wastewater treatment plant is 400,000 gallons per day, with a rating of 800,000 gpd. The long-term goal is to achieve a 1,600,000 gpd rating, which would allow Baldwin to tie in significant industrial growth.
The project is one part of a capital plan that Woodward & Curran is proposing Baldwin’s city council to consider. The capital plan would work as a road map for the city and, according to Brent Bridges of Woodward & Curran, “cities with plans are better suited for stimulus funds.”
BACKGROUND GIVEN
At the called meeting Monday night, Mayor Jerry Neace presented copies of the timeline for the project. On May 15, 2009, former mayor Mike Kelley signed a $5,000 contract for preliminary work to apply for Georgia Environmental Facilities Agency (GEFA) money for the project. According to the council minutes of May 26, 2009, the council approved this action.
On Aug. 20, 2009, Kelley signed a $210,000 contract for the engineering and design work. Meeting minutes during this time frame do not reflect any discussion with the council on this contract.
The $210,000 contract included a provision that another $105,000 would be paid to Woodard & Curran to oversee the proposed upgrade project. An invoice for $203,870 was sent to the city on Nov. 12, 2009. On Nov. 17, 2009, Woodard & Curran sent a letter to Kelley and a copy to Betty Harper, Baldwin finance director, notifying the completion of the work that was authorized by Kelley. Harper said she emailed a copy of this letter and a copy of the invoice to each council member on Nov. 24, 2009.
At Monday’s called meeting, council members denied receiving this email. Council member Holcomb said, “I did not receive this email. I have 1,500 emails saved and I checked back through them and it was not there. I was shocked when I saw this.”
On Friday, Jan. 15, 2010 at 4:37 p.m. council members were notified by an email from Betty Harper of the contract invoice.
The city charter requires contracts be approved by the city council and be reviewed by the city attorney. Syfan said on Monday he has not reviewed either of the two contracts, the $5,000 or the $210,000.
Mayor Neace stated on Monday that Harper asked the former mayor to attend the meeting and he declined. Harper also asked King to attend Monday’s meeting to answer council questions on this issue.
When questioned by the council about the contract, King said as he recalled Kelley and his wife coming to the Woodard & Curran office in June 2009 and picking up the $210,000 contract.
“The mayor and his wife came to our office to discuss his visions for the city,” King said.
On Aug. 20, 2009, King advised that a meeting was held with Kelley and council members Murray and Robert Bohannon. At this meeting, King reported Kelley was informed Woodard & Curran could not proceed with the GEFA application without a signed contract. Kelley signed the contract that day.
Both council members Murray and Bohannon stated they did not remember a dollar amount being discussed at that meeting.
Bohannon said, “I know I would remember a $210,000 amount.”
Murray said, “I thought we were agreeing to proceed with the grant application, only.”
King advised the council that due to the fact the contract was held for over two months, the city dropped off the list for GEFA funding. The GEFA loan would have been a 70-30 grant. The grant would have been for 70 percent and the city would have been responsible for 30 percent of the total cost.
RESIDENTS SPEAK
Several Baldwin residents addressed the council about this issue on Monday.
Former council member Ray Holcomb said he was on the council at the time this took place.
“I know that the council did not approve this,” he said. “We would not approve this without knowing how we were going to pay for it.”
Andrea Harper, Willingham Avenue resident, said “I am astounded that this has happened.”
Baldwin resident, Mark Reed, said it appeared to him that there was a big rush to get the engineering done. Reed also said, “There seems to be a dispute in communication.”
Reed added he felt like former mayor Mike Kelley should be at the meeting to address this issue.
“He needs to be brought to a meeting with the citizens, kicking and screaming if need be,” Reed said.
Reed recommended that the city take bids on the engineering costs for a project of this sort in the future.
CLOSED SESSION
In other business at Monday’s called meeting the council met in closed session for an hour to discuss litigation. When the meeting was re-opened to the public, Neace said, “Any pending litigation will be turned over to our attorney.”
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