Documents provided by DeKalb County but questions about Brook Run remain.

On Friday, DeKalb County provided 131 pages of documents concerning the demolition of the structures at the back of Brook Run Park; many of which were available at the time of my previous requests but not provided until now. I was particularly interested in the analytical test results proving that the moisture barrier embedded in the two concrete foundations truly requires a $500,000.00 contract extension. I was promised on Friday of a quick response on the documentation of the asbestos and will post it on line as soon as it is received.

Besides the proof of additional asbestos, I am again questioning the promises made to the community in regards to the $11.5 million dollars promised specifically for Brook Run Park, promises for new park benches, promises for shade sails for the playground as well as replacement trees that were removed in the construction of the skate park.

Most of the information provided is e-mail correspondence between the County & the following four companies.

1. Dore & Associates Contracting, Inc., Bay City, MI
2. Corporate Environmental Risk Management (CERM), Atlanta, GA
3. Tristar of America, Inc., Norcross, GA
4. Abatech Services, Inc., Snellville, GA

The e-mail below was sent to DeKalb County on Friday evening thanking them for the 131 pages of documents that can be obtained at the link immediately following.

http://www.dunwoodynorth.org/images/BrookRun_OpenRecords_Demo_110207.pdf

Dear Mr.’s Smith & Stamps, thank you for providing me the documents I requested in my latest request, it is much appreciated.

I went though all of the documents separating them into two separate piles, one for skate park documents and the other was for demolition documents. I have placed the demolition documents in chronological order, scanned them into an electronic format, and have made them available on my website servers as shown below.

http://www.dunwoodynorth.org/images/BrookRun_OpenRecords_Demo_110207.pdf

Mr. Stamps you are already aware on the one document that I was specifically looking for that was not provided in the pile. I asked for the analytical test results proving that the moisture barrier imbedded on the two concrete foundations was actually proved to be asbestos and you stated that Mr. Dave Butler probably received such documentation from the environmental firm CERM in their proposal (found on page 42). For a $500,000 contract extension, I am very interested in seeing the test results for the two building foundations believed to be asbestos.

At the Oct 23^rd BOC Meeting, Commissioner Gannon asked a question on the Change Order for Triad (E10) as to where the money for this parks project was going to be coming from. She was informed that the money would be coming from the last Parks Bond Referendum. Since the Brook Run demolition was also advertised to be completed in the parks bond referendum, I take it that the $20,000.00 increase for Change 1 and the $470,000 increase for Change 2 will both be subtracted from the $11.5 Million promised for Brook Run Park in the 2005 Parks bond referendum? Is that the case?

On July 12^th, I attended the County Wide Parks Master Plan meeting at the Mason Mill Recreation Center and because it wasn’t a public meeting whereby I could make a public statement; I was instructed by Commissioners Gannon & Rader to give Mr. Billups my prepared statement. I talked to Mr. Billups after the meeting, provided him my prepared document, asked about obtaining an electronic copy of the large color Master Plan of Brook Run crated by EDAW and followed up the meeting with an e-mail (attached) again asking questions regarding Brook Run. My requests for information & documents in this case were never acknowledged, nor answered, therefore I will repeat them again.

The first question was concerning the accounting of the expenditures and the balance of the $11.5 million dollars available for future development of the master plan. I have attached the latest general breakdown of the parks bond money but I am looking for it broken down to the park level as promised it would be (at least for Brook Run). Is this type of detailed information accessible, if so, the community deserves a full accounting of where the promised $11.5 million dollars are being spent and what funds are still available?

2001 Bond - Parks Improvement Projects

2006 Bond - Parks Improvement Projects

The second item was concerning the promised reforestation along Peeler in order to block the view of the skate park. Commissioner Boyer in a private meeting with community representatives, myself & Mr. Billups, Ms. Boyer asked Mr. Billups if she still had money available in a specific fund (special projects?) for additional trees. At the time, she was informed that there was money available for the trees and Ms. Boyer made a public statement in the Dunwoody Crier that a “massive re-landscaping” needs to be done along Peeler. I have yet to hear of a reply from Ms. Boyer regarding this item but take it for grated that the drought would have a negative affect the trees being installed.

The next item I inquired to the Parks Department on was public statement of Mr. Billups who stated to the Dunwoody Crier that additional benches and shade awnings were to be installed at the Children's Adventure Playground. I asked for confirmation of the quote & asked if a timeline might be available for these improvements? To date, Mr. Billups has never replied to my request for a timeline for these improvements.

Though the County has yet to answer my questions above, they did fulfill my final request of July 12 to install speed limit signs in Brook Run Park. Thank you.

Finally in the Brook Run Skate Park documents, I noticed that a Change Order for the completion of the Brook Run Skate Park was being prepared for an upcoming BOC Meeting and I didn’t see the dollar amount? I hope that it is nowhere near the extended costs of the demolition project and I guess the specific documents will be available after the BOC decision on the matter.

I look forward to obtaining the test results and other documentation from Mr. Butler proving that asbestos is embedded in the moisture barrier and maybe I will obtain answers to my other questions above.

Thanks,

John Heneghan, President
Dunwoody North Civic Association
http://dunwoodynorth.blogspot.com

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-----Original Message-----

From: Smith, Kendric E [mailto:kesmith@co.dekalb.ga.us]
Sent: Friday, November 02, 2007 3:14 PM
To: Dunwoody North Civic Association
Cc: Billups, Marvin F.; Stamps, James; Ernstes, Viviane
Subject: RE: Open Records - update requested

John,

The documents pertinent to the change order (#2) will be available at 5 PM from James Stamps in his office on the third floor - I think you have been there before. Strictly speaking, most of these documents were not in the custody of either Marilyn Boyd Drew or Viviane Ernstes, but we won't quarrel over that at this point. Also, we are waiving copying or staff assistance costs on the production of these documents, in view of the previous difficulty on this point, so you don't need to bring any money.

James Stamps also states that he has already given you a complete set of the contract, the site and grading plans, and environmental assessments. The documents produced today include any correspondence (mostly e-mails) between the contractor and purchasing concerning the proposed Change Order #2, which has been approved by the Commission, although we are not certain whether the CEO has approved or vetoed it. With this production plus the previous one, according to Marvin Billups and James Stamps, you should have complete copies of everything requested to the extent that it exists either in the Parks Department or in Purchasing & Contracting. No documents have been withheld as exempt under the Open Records Act.

As for the grading plans, Mr. Stamps insists that they are included in the material he gave you previously. Perhaps there is a problem with interpretation, in which case you may wish to have a builder / contractor review them for you. Please let me know if I can be of any help.

Regards,

Kendric

Kendric E. Smith
Assistant County Attorney
DeKalb County Law Department