By Michael V. Hannigan/HCN
An Athens city councilman who helped negotiate the recent settlement with Velvin & Weeks over failed construction on Wood Street received the firm’s repair recommendations in December 2014, but did not share the information with the rest of the council.
The recommendations are detailed in a letter dated Dec. 9, 2014, from Tyler Hendrickson of Velvin & Weeks to City Councilman Monte Montgomery. The letter came out of a meeting held in Montgomery’s business office that included Montgomery, Hendrickson and former Director of Utilities Glen Herriage.
In response to written questions submitted by Henderson County Now, City Secretary Bonnie Hambrick wrote, “A December 2014 repair plan was not ever shared with the council to the knowledge of any current staff or City Council members.”
Hendrickson’s letter to Montgomery references an attachment with the “probable cost” for the improvements, but the price list could not be found despite an open records request from Henderson County Now. A sketch of the improvement plan referenced in the letter is also missing.
Montgomery said he doesn’t remember seeing a price list or sketch.
“If there were costs, I never saw them,” Montgomery said. “I’ll even say I don’t remember any sketch.”
Despite the City Council holding several closed door meetings about Wood Street under the threat of litigation, and although Montgomery was a member of the City’s team working to negotiate a settlement with Velvin & Weeks, he said he did not share the information he learned in 2014 with the City Council or City staff because “(the meeting) wasn’t a City Council issue, I was called just for my expertise on that compaction issue.”
Mayor Jerry Don Vaught, who was also on the negotiating team, disagrees on whether the information was a council issue.
“Most definitely having the information that was provided to Councilman Montgomery would have helped the City in negotiations with Velvin & Weeks, as well as helped our city attorney in his job capacity,” Vaught said. “It would have been helpful to know what they (Velvin & Weeks) felt the repairs needed were and the possible cost prior to mediation. We would have at least known that we negotiated a fair dollar amount for the taxpaying citizens of Athens and that it was close to the amount that Velvin & Weeks thought it would cost. Unfortunately we were not able to know this as a City Council.”
In the letter from Hendrickson to Montgomery, Hendrickson recommended a 5-step process for improving Wood Street and added, “These are only temporary fixes until the street can be brought up to City standards which will require purchase of additional right of way and storm sewer piping on portions of the road.”
Hendrickson went on to write, “In our opinion the settlement and pavement failures and base failure issues will continue on Wood Street until the drainage and settlement issues are addressed.”
Hendrickson also detailed “an alternative to the improvements recommended” that could be done by City staff for “little cost,” but wrote, “Without improving the drainage or sealing, the patching is a waste of time.”
As for the reasons behind the problems in the first place, Hendrickson wrote, “… we believe that the settlement issues were not caused by the lack of compaction testing nor the asphalt patch being removed from the project, and would have occurred regardless.”
The Wood Street dispute arose when the City contracted with Velvin & Weeks in 2012 to engineer and oversee the installation of a 2,600-linear-foot sewer line under the street. After the project was completed, the street experienced settling in several places, forcing the City to patch the surface numerous times. In April, the two sides agreed to a settlement that included Velvin & Weeks paying the City $90,000.
The original project cost taxpayers a little over $377,000. In addition, there were $6,700 in attorney’s fees connected with the settlement.
The City is expected to hire a new engineering firm to repair Wood Street, officials said.
In the legal world, this is what we call conflict 101. Ultimate no-brainer. You simply disclose to both sides that you may have a potential conflict for either party to determine whether it causes an issue for THEM – Not YOU. A lawyer would be removed from the case, denied any fees and more than likely suspended from the practice of law for some period of time. You don’t have to be a lawyer to know this is a bozo no-no. Correct thing for Mr. Montgomery, resign. Thank you for your service but this is why people don’t trust government.
I agree with your comment. It is interesting to me that the City Manager and City Attorney were not running point on this. Best way to disseminate information to Council.
Don’t always agree with you Jeff, but I do in this case! The city administration’s first clue on this issue was to doubt the word of Velvin & Weeks. This firm has faithfully provided service to the city for over 40 years. What caused the problem was a new administration and whatever shenanigans Montgomery has been up to…
“A December 2014 repair plan was not ever shared with the council to the knowledge of any current staff or City Council members.”
Of course since the “current staff” of the City only consists of a handful of people who were around in back in December 2014, does that really have any bearing on the matter?
There are some bizarre things happening in this city and I hope the citizens and trustworthy council members are taking note and plan to make some changes before it’s too late. Enough damage has already been done.
Mr. Weinstein,
I find it funny that you are calling for Mr. Montgomery’s resignation when you are behind the witch hunt to get him removed. It is no secret that the city board is corrupt, and you are the mastermind behind it. Mr. Montgomery has been a bright light to the city of Athens when there could be much darkness because of the Athens unqualified board members and city officials.
I agree, it is interesting that the city manager and city attorney haven’t led point on this issue. Maybe because of their inexperience? I think so.
Finally Mr. Weinstein, I find it somewhat humorous that you are leading this witch hunt on a website that you sponsor. Hmm… Sounds to me like you sir have an agenda rather than what’s best for the city.
Phil Rodriguez is leading our City in a very positive direction. He and his staff are working tirelessly to correct any issues that we have had in the past. Look at the fact that the City has a surplus for the first time in many years. Look at the fact that a dated water system is being fixed so we can have safe drinking water again. Just two examples of many that show proof of forward movement. This to me along with a year of employment shows stong reason for a raise, which still is significantly less than his predecessor. But really now. Those who are attacking him and his staff are doing a great job of diverting the attention away from its intent. Let me state that no one on here is questioning whether Monte Montgomery is a good man. I believe he is. The question is whether there has been wrong doing. Whether information may have been withheld. It appears it may have been, according to the facts. Let’s stick to the point here and not attack the character and actions of individuals who have done nothing but work their tails off for OUR city !! And I personally attend many city meetings and have not seen any of these faces who are commenting on here at any of those meetings. Again strong proof that the strength of the Internet shield is in effect. Have a Blessed day and please pray for Athens and its leadership.
I have lived on Wood Street since 1984 and our road has never been up to standard for long. There are roads across town that get paved on a regular basis that have a lot less traffic. I hope the problem is resolved in the near future now that I operate a B&B and serve lunch daily in the Tea Room, which generates a lot of out-of-town guests and local customers. Our road is very embarrassing, to say the least.
My comment was related to the fact that I believe this should be in the duties of City Manager and City Attorney. I have confidence in the City Manager to handle this.