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Contract with engineering firm problematic after KH Mayor emails

Some council members don't believe contract was breached

By Nick Blank Staff Writer
Posted 8/7/19

KEYSTONE HEIGHTS – Mayor Karen Lake’s emails to an engineer called into question the city’s contract with engineering firm Michael Baker International.

Lake told council members during …

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Contract with engineering firm problematic after KH Mayor emails

Some council members don't believe contract was breached


Posted

KEYSTONE HEIGHTS – Mayor Karen Lake’s emails to an engineer called into question the city’s contract with engineering firm Michael Baker International.

Lake told council members during Monday’s hour-long meeting that she received questions from a resident about drainage work south of Keystone Heights Elementary. She sent City Manager Scott Kornegay the resident’s inquiry July 10. MBI senior designer Donnie Bowles responded between July 11-12.

Bowles then emailed Kornegay with concerns if the contract had been breached because it stated the city manager would essentially be the firm’s main contact. He also wrote the mayor’s requests totaled $800.

When another resident, former Council Member Paul Yates, emailed Lake some issues with the project, Lake emailed city officials July 26 and Bowles responded Aug. 2.

Lake referred to City Attorney Rich Komando, who said it was appropriate to contact the city engineer at the time. She said a few days was enough time for Kornegay to respond.

“It was a casual inquiry asking if there any work being done on the retention pond,” she said. “I wasn’t trying to get involved with Mr. Kornegay and this contract. I’m looking for resident relief here.”

Lake has discussed Kornegay not replying to her emails at previous meetings. Lake said Kornegay didn’t want to cooperate with her, and on numerous attempts the two tried to meet.

“He’s not working for all five of us (council members),” Lake said. “He's working for four of us.”

“I wouldn’t say it was ignored. I was working on it,” Kornegay said. “Apparently, we didn’t get an answer quick enough and it escalated from there.”

Council Member Stephen Hart said Kornegay didn’t have to meet with an individual council member. Council Member Larry Peoples said that would mean Kornegay could possibly have five council members telling him different things.

Komando said between the language of the contract and the mayor’s abilities in the charter, it was ambiguous.

Hart asked Lake if the issue was an emergency that needed to be addressed immediately, requiring contact with Bowles. Hart said he didn’t feel there was a breach of contract.

“I do think we need to clarify how communication is supposed to be made and by whom,” Hart said.

No action was taken.

In other business, Keystone Heights Airport’s ongoing legal battle with Pipeline Contractors continued in Tallahassee.

Pipeline Contractors and Hanover Insurance Co. filed a motion last week asking the First District Court of Appeal to reconsider its affirmance of Clay County Judge Don Lester’s judgement.

Lester ruled in 2018 that Pipeline breached its contract over the use of EZBase, a hazardous building material, underneath buildings and asphalt. The project to construct two hangars began in 2008. EZBase was banned by the Clay County commissioners in 2013.

The airport was awarded about $2 million from Pipeline for damages. It also earned $1.1 million from Hanover’s performance bond, with 5.35% annual interest.

The First District Court of Appeal affirmed the lower court’s ruling July 10.

Keystone Airport Board Chairman David Kirkland said the airport’s attorneys were confident the new motion would be denied.

“We should expect that Pipeline and Hanover will seek review in the Florida Supreme Court and we believe that effort will fail also,” Kirkland said. “Hopefully these 10 years of litigation is coming to an end this year.”

Council members also discussed Clay Electric sending a letter to the city, expressing interest in purchasing the property at 50 Magnolia Ave. The building is currently vacant.

“(Clay Electric is) not sure if they want to just use it as a buffer or if they want to construct something on it,” Kornegay said.

Council members directed Kornegay to pursue Clay Electric’s interest.