Immediately after convening the meeting, Public Utilities Committee member Elissa Yount announced that the committee would go into closed session due to “possible litigation”.
Public Utilities Committee chair Bernard Alston was not present at the meeting. Committee member Bobby Gupton, as well as council members Ranger Wilkerson and Mary Emma Evans remained in the closed session with City Manager Jerry Moss, Assistant City Manager Mark Warren, as well as Mike Acquesta and Pam Townsend of Earth Tech.
Earth Tech is a firm that was retained to provide construction administration on the Raw Water Intake Project. This work involves inspecting the work of contractors and is contingent upon the pacing of the contractor’s work. In November of 2005, when Acquesta sought a contract extension on behalf of Earth Tech, the council discussed the possibility of seeking liquidated damages against the contractor and thereby passing on the cost. They were informed by City Attorney John Zollicoffer that such damages must be negotiated or litigated.
The complete article may be accessed here: City conditionally extends ties to Earth Tech.
It is unclear whether the meeting was legally closed. The open meeting law allows for meetings to be closed for attorney-client privilege; however, City Attorney John Zollicoffer was not present at the meeting.
Council Member Lonnie Davis arrived a few minutes after the closed session began.
The closed session lasted about ten minutes. When the media was allowed back into the meeting, Yount announced that no decision had been made and that the committee was “taking it under advisement”.
The committee then discussed Earth Tech’s outstanding costs. The discussion hinged around a contract extension that the council conditionally approved in November of 2005.
The hiring of a former city employee was a source of contention when Acquesta appeared before the council in November. The cost of that employee was removed from Earth Tech’s remaining fee (Note: half of the document was removed because it pertained to the “pending litigation” before it was given to Home in Henderson).
Earth Tech agreed with the city that the city would not have to pay until the work was completed.
Council member Ranger Wilkerson expressed a desire that the project be brought to an end.