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untanglingwebs
El Supremo
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Flint City Council concerned over questions surrounding lead pipe replacement program
by Andrew MooreFriday, June 1st 2018
Flint City Councilwoman Monica Galloway raising concerns over an inquiry from the MDEQ about the city's lead pipe replacement program. (Photo Credit: Drew Moore/WSMH)
Flint, Mich. (WEYI) — The Michigan Department of Environmental Quality issued a letter to Flint Mayor Karen Weaver on Thursday with questions surrounding two contractors in her lead pipe replacement program. Now some members of Flint City Council are concerned about the inquiry. Councilman Eric Mays says he’s looking forward to how the city responds but is very concerned about the issue.
“This is a serious situation, a serious amount of money, and a serious time in the middle of the city trying to recover from the crisis. We need to hope that this doesn’t impact any future money coming into the city,” Mays says.
The later states that DEQ has ‘significant concerns’ surrounding two service line replacement contractors, WT Stevens and Waldorf & Sons. The raises multiple issues including how the contractors billed for work which wasn’t needed. The report alleges that the contractors worked on 124 homes in 2017 which didn’t need the lead service lines replaced. State officials say the companies should have used a different method to determine if the lines needed to be replaced which would have only cost taxpayers $228. Instead the contractors billed the program $1,660 for each home, which came to an extra $177,000.
Another allegation in the letter is that the contractors never should have been rehired because there were approximately 400 houses that were never completed on the contract signed for 2017. Both of those contractors were awarded zones to work in during 2018. Flint City Councilwoman Kate Fields says the administration would never provide answers about the contractors before the next phase was awarded.
“We raised these concerns in committee, the exact same questions. The administration is telling us they were doing this, or that, but nothing specific. I wanted to know because if those companies didn’t fulfill their contract, we were supposed to get liquidated damages for the work that wasn’t done on time. Then the administration tells us that some of the work was being done on a ‘verbal contract’. When does the federal government ever work on ‘verbal contracts’?” Fields says.
The city must respond in writing to those concerns by June 15. |
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Sat Jun 02, 2018 6:17 am |
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untanglingwebs
El Supremo
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June 2 at 1:47pm ·
Whitney Frazier-Jenkins, Assistant City Attorney
Primary Department Assignments: Treasury, Community and Economic
Development
Back up Support Departments: Police, Building and Safety Inspection, Human
Resources/Labor Relations, Facilities, Building & Grounds, Planning and...
Why does a Flint employee have a 513 area code phone? She is he daughter of the late Patricia Anne Gilcrest-Frazier (Jeffrey) and is the niece of Aonie (Francis) Gilcrest (sometimes Gilcreast). |
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Mon Jun 04, 2018 6:41 am |
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untanglingwebs
El Supremo
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Team Members
Staffed to Meet Your Department’s Legal Needs
The Legal Department is made up of the Chief Legal Officer Angela Wheeler,
Assistant City Attorney William “Bill” Kim, Assistant City Attorney Reed
Eriksson, Assistant City Attorney Whitney Frazier-Jenkins, Assistant City
Attorney Kelly Kiertzner, Assistant City Attorney Harrell Millhouse, Paralegal
Jennifer Delaney, and Litigation Assistant Victoria Cooper.
Angela Wheeler, Chief Legal Officer
Primary Department Assignments: City Administration, Flint City Council,
Human Resources/Labor Relations (HR/LR), Purchasing, Information
Technology, Utilities, Communications and Public Relations, Public Health,
Water Service Center, Finance
Contact Information: awheeler@cityofflint.com/810.237.2075
_______________________________________________________________________________________
William “Bill” Kim, Assistant City Attorney
Primary Department Assignments: Police, Lock up, Fire, Facilities/Building
& Grounds, Transportation
Back up Support Departments: Utilities, Information Technology,
Communications & Public Relations, Purchasing, Water Pollution Control,
Water Treatment Plant, Engineering, Towing, Impound & Forfeitures
Contact Information: wkim@cityofflint.com/810.237.2079
_______________________________________________________________________________________
Kelly Kiertzner, Assistant City Attorney
Primary Department Assignments: , District Court, F.O.I.A., MDCR
Complaints
Contact Information: kkiertzner@cityofflint.com /810.237.2080
Reed Eriksson, Assistant City Attorney
Primary Department Assignments: Planning and Development, Assessment,
Water Pollution Control, Water Treatment Plant, City Clerk’s Office, Towing,
Impound & Forfeitures, Engineering, HR/LR Labor Arbitration (FPOA)
Back up Support Departments: Blight, District Court, Public Health,
Transportation, HR/LR Labor Arbitration (1600/1799)
Contact Information: reriksson@cityofflint.com/810.237.2078
_________________________________________________________________________________________
Whitney Frazier-Jenkins, Assistant City Attorney
Primary Department Assignments: Treasury, Community and Economic
Development
Back up Support Departments: Police, Building and Safety Inspection, Human
Resources/Labor Relations, Facilities, Building & Grounds, Planning and
Zoning
Contact Information: wfrazierjenkins@cityofflint.com /513.328.5950
______________________________________________________________________________________
Harrell Millhouse, Assistant City Attorney
Primary Department Assignments: Building and Safety Inspection (BSI)
Back up Support Departments: Police and Fire, Community and Economic
Development, Treasury
Contact Information: hmillhouse@cityofflint.com/ 810.237.2071
______________________________________________________________________________________
Jennifer Delaney, Paralegal
Department Support Staff and Assignments:
Finance, Human Resources/Labor Relations, Police and Fire, F.O.I.A.
Contact Information: jdelaney@cityofflint.com /810.237.2082
Victoria Cooper, Litigation Assistant
Department Support Staff and Assignments: District Court, Street
Maintenance, Utilities, Damage Claims
Contact Information: vcooper@cityofflint.com /810.237.2073
Frazier-Jenkins is the only assistant Prosecutor that is not shown with a City of Flint phone number. Notice how Frazier-Jenkins is the only Assistant Prosecutor without a City of Flint phone number. Also with her primary as Economic Development is there the possibility of a conflict of interest arising with her uncle's role in economic development?
Harrel Milhouse is Frazier-Jenkins support in economic development.
FindLawCaselawMichiganMI Supreme Ct.IN RE: Honerable Harrell D. MILHOUSE
IN RE: Honerable Harrell D. MILHOUSE
ResetAAFont size:Print 68
Supreme Court of Michigan.
IN RE: Honerable Harrell D. MILHOUSE, Magistrate of the Sixty-Eighth District Court, Flint, Michigan.
Docket No. 114963.
Decided: February 01, 2000
On order of the Court, the Judicial Tenure Commission has issued a Decision and Recommendation for Order of Discipline, and The Honorable Harrell D. Milhouse has consented to the Commission's findings of facts, conclusions of law and recommendation of public censure and a ten-day suspension without pay, with credit given for a ten-day unpaid suspension already imposed by the Sixty-Eighth District Court. We therefore ORDER that The Honorable Harrell D. Milhouse be publicly censured, and that he be suspended without pay from the performance of his judicial duties for a period of ten days, with credit given for the ten-day unpaid suspension already served. This order stands as our public censure. Further, we therefore adopt as our own the following findings and conclusions of the Judicial Tenure Commission.
1) Respondent is now, and was at all times mentioned, a Magistrate of the 68th District Court in the City of Flint, County of Genesee, State of Michigan.
2) Roger Dale Collins was charged in said court with three traffic misdemeanors: 96Z00814A, no operator's license in possession; 96Z00814B, driving while license suspended; and 96Z00814C, improper plates.
3) Mr. Collins was subsequently sentenced to incarceration after he pled guilty to a felony driving offense.
4) While Mr. Collins was incarcerated, Respondent sent him a Plea By Mail form pertaining to each of the misdemeanor offenses charged. These standardized forms advised Mr. Collins, among other things, about his right to plead guilty or not guilty, to have a trial by judge or jury, and to have the assistance of an attorney. These forms also allowed Mr. Collins to indicate by a check mark whether he plead guilty or not guilty. As to all three offenses, Mr. Collins indicated he was pleading not guilty and returned the forms to the court.
5) In response, on April 17, 1997, Respondent sent Mr. Collins a letter in which Respondent acknowledged receipt of the Plea By Mail forms as to all three matters in which he had indicated he was pleading not guilty. Respondent's letter advised Mr. Collins that the quickest way to receive credit for time served in jail was to plead guilty and provide a jail release date to the court.
6) On May 9, 1997, Mr. Collins sent a letter to Respondent in reply to Respondent's April 17, 1997 correspondence. In his letter, Mr. Collins rejected the idea of a guilty plea.
7) Respondent received Mr. Collins' May 9, 1997 letter and in response sent another letter to Mr. Collins on May 19, 1997 concerning the three misdemeanor matters. In that letter, Respondent again asserted that the quickest way to receive credit for time served in jail was to plead guilty and give the court a jail release date. Respondent's letter also stated he was enclosing new Plea By Mail forms for Mr. Collins' convenience and advised Mr. Collins that he could hire or request an attorney if he did not wish to plead guilty.
Cool In reply to Respondent's letter of May 19, 1997, Mr. Collins reiterated in another letter to Respondent that he was not pleading guilty. Mr. Collins also requested that either an alleged plea agreement to dismiss the three traffic misdemeanors be honored or that arrangements be made for his presence at a hearing on the charges.
9) Notwithstanding Mr. Collins' repeated statements that he was pleading not guilty, Respondent, on July 22, 1997, knowingly executed and caused to be filed in the records of the 68th District Court, a Judgment of Sentence as to each of the three misdemeanor matters, which falsely stated that Mr. Collins had been advised of right to counsel and appointed counsel and had knowingly, intelligently and voluntarily waived that right, and pled guilty to the charged offense. In each matter a fine and costs were suspended; Mr. Collins received credit for time served; and a $25.00 clearance fee was imposed. With respect to 96Z00814A and 96Z00814B, the convictions were reported to the Michigan Secretary of State for inclusion in Mr. Collins' driving record. As a result of these actions, Mr. Collins was denied the opportunity for a hearing and basic due process.
10) Even though the defective Judgment of Sentence in each matter was brought to Respondent's attention, he took no corrective or remedial action.
11) Respondent's conduct, as described in paragraphs 1) through 10) above, constitutes:
(a) Misconduct in office, as defined by the Michigan Constitution of 1963, Art. VI, § 30, as amended, and MCR 9.205;
(b) Conduct clearly prejudicial to the administration of justice, as defined by the Michigan Constitution of 1963, Art. VI, § 30, as amended, and MCR 9.205;
(c) Irresponsible or improper conduct which erodes public confidence in the judiciary, contrary to the Code of Judicial Conduct, Canon 2A;
(d) Conduct involving impropriety and the appearance of impropriety, contrary to the Code of Judicial Conduct, Canon 2A;
(e) Refusal to be faithful to the law, contrary to the Code of Judicial Conduct, Canon 3A(1);
(f) Creation of a false judicial record; and
(g) Conduct violative of MCR 9.104(1), (2) and (3), in that such conduct:
is prejudicial to the proper administration of justice;
exposes the legal profession or the courts to obloquy, contempt, censure or reproach; and
is contrary to justice, ethics, honesty or good morals.
12) On March 24, 1998, as part of the Commission's preliminary investigation, Respondent was asked to comment on Grievance No. 97-11135, filed by Roger Dale Collins. On April 28, 1998, Respondent submitted a written reply to the grievance. In that reply, Respondent did not make a full and fair disclosure and knowingly made false and misleading statements that he had mistakenly entered the judgments and closed the files and that it was not his intent to falsify documents or deprive Mr. Collins of his right to due process.
13) On June 24, 1998, the Commission sent Respondent a 28-day letter, pursuant to MCR 9.207(C), and invited his further reply. In Respondent's reply of August 4, 1998, he did not make a full and fair disclosure and knowingly made false and misleading statements that he had mistakenly closed the files and he had not intended to knowingly and purposely deprive Mr. Collins of his due process rights. Respondent described the processing of Mr. Collins' files as a mistake.
14) Respondent's conduct, as described in paragraphs 12) and 13) constitutes:
(a) Misconduct in office, as defined by the Michigan Constitution of 1963, Art. VI, § 30, as amended, and MCR 9.205;
(b) Conduct clearly prejudicial to the administration of justice, as defined by the Michigan Constitution of 1963, Art. VI, § 30, as amended, and MCR 9.205;
(c) Irresponsible or improper conduct which erodes public confidence in the judiciary, contrary to the Code of Judicial Conduct, Canon 2A;
(d) Conduct involving impropriety and the appearance of impropriety, contrary to the Code of Judicial Conduct, Canon 2A;
(e) Failure to cooperate with the Commission during a preliminary investigation, contrary to MCR 9.213(B); and
(f) Conduct violative of relevant portions of MCR 9.104(1), (2) and (3), in that such conduct:
is prejudicial to the proper administration of justice;
exposes the legal profession or the courts to obloquy, contempt, censure or reproach; and
is contrary to justice, ethics, honesty or good morals.
(15) Prior to the filing of Formal Complaint No. 63, Respondent had not been charged with misconduct in office or conduct clearly prejudicial to the administration of justice.
(16) After these formal complaint proceedings commenced, Respondent was suspended without pay from the performance of his judicial duties by the 68th District Court for a period of 10 days.
MILHOUSE, Harrell D. - Attorney Discipline Board
www.adbmich.org/coveo/notices/2012-11-15-12n-53.pdf
Nov 15, 2012 - Harrell D. Milhouse, P 43392, Flint, Michigan, by the Attorney Discipline Board Genesee. County Hearing Panel #2. 1. Suspension - 30 Days. 2
.Case No. 12-53-GA
Notice Issued: November 15,2012
Harrell D. Milhouse, P 43392, Flint, Michigan, by the Attorney Discipline Board Genesee
County Hearing Panel #2.
1. Suspension - 30 Days
2. Effective November 15,2012
The respondent appeared at the hearing but was found to be in default for failing to file an
answer to the formal complaint. Based on respondent's default, the panel found that, in two
matters, he neglected those legal matters, in violation of MRPC 1.1 (c); failed to act with reasonable
diligence and promptness, in violation of MRPC 1.3; failed to keep his clients reasonably informed
about the status oftheir matters, in violation of MRPC 1.4(a); failed to refund any advance payment
offees that had not been earned and surrender property to which his clients are entitled, in violation
of MRPC 1.16(d); knowingly failed to respond to a lawful demand for information from a disciplinary
agency, in violation of MRPC 8.1 (a)(2); failed to timely provide a copy of his client file, in violation
of MRPC 8.1 (a)(2); failed to timely answer two Requests for Investigation, in violation of MCR
9.104(7) and MCR 9.113(A) and (B)(2).
Additionally, the panel found that respondent engaged in conduct that is a violation of the
Rules of Professional Conduct, contrary to MRPC 8.4(a) and MCR 9.104(4); is prejudicial to the
administration of justice, in violation of MRPC 8.4(c) and MCR 9.104(1); exposes the legal
profession or the courts to obloquy, contempt, censure or reproach, in violation of MCR 9.104(2),
and is contrary to justice, ethics, honesty, or good morals, in violation of MCR 9.104(3).
The panel ordered that respondent's license to practice law in Michigan be suspended for
30 days and that he be subject to a condition relevant to the established misconduct. Costs were
assessed in the amount of $1,732.19.
Flint City Council wants new attorney representing it in termination lawsuit
Print Email Mary Ann Chick Whiteside By Mary Ann Chick Whiteside
Follow on Twitter
on March 20, 2008 at 10:54 AM, updated March 20, 2008 at 12:30 PM
Flint City Council President Carolyn Sims introduced an emergency resolution at a committee meeting Wednesday to terminate attorney Harrell Milhouse, who was appointed by City Attorney Trachelle Young to represent the council in a lawsuit over whether Mayor Don Williamson has the authority to lay off employees who work for the City Clerk and the City Council. The council will vote on the resolution Monday.
The resolution came the day that Young said the city will no longer pursue a lawsuit against City Clerk Inez Brown. The lawsuit sought to force Brown to call a Standards of Conduct Board meeting over an incident between Brown and an employee. Brown was accused of using profanity after she heard about layoffs in her department.
"Mainly, we don't want him to do the same thing to us that he did to Ms. Brown -- dismissing the case like he did to her without talking to us," Sims said.
A hearing on the termination issue is scheduled for today before Genesee Circuit Judge Geoffrey Neithercut.
Sims said that she or other members of the council have not been able to reach Milhouse since he was appointed to represent them.
Sims planned to ask Neithercut today to allow a different attorney to represent the council.
Young has maintained that she has the power to appoint whomever she wants to represent the council.
Post Mon Jun 04, 2018 7:40 am |
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Mon Jun 04, 2018 7:44 am |
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untanglingwebs
El Supremo
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Order allows state to fine Flint every day it fails to fix water problems
Updated Jun 5, 4:00 PM; Posted Jun 5, 4:00 PM
By Ron Fonger rfonger1@mlive.com
FLINT, MI -- A proposed consent order covering the Flint water system gives the city 13 separate problems to resolve, 13 deadlines to get them fixed by, and penalties of up to $500 a day for any of the tasks that fall through the cracks.
The Michigan Department of Environmental Quality sent the proposed order to Mayor Karen Weaver this week, asking her to sign the 14-page document, which includes an acknowledgment that the city is in violation of the state Safe Drinking Water Act.
"Correction of the significant deficiencies listed ... are necessary to ensure the public water supply in Flint is adequate, healthful and in compliance with state and federal drinking water standards; to prevent contaminants from entering the water supply, and prevent imminent and substantial endangerment of public health," the order says.
On Monday, June 4, Weaver wrote to the DEQ, telling Eric Oswald, director of the Drinking Water and Municipal Assistance Division, that the city has "consistently worked on implementation measures to correct significant deficiencies" in the water system since August 2017.
State puts Flint on notice for not fixing water system deficiencies
"The MDEQ commits to assisting the city in resolving these issues; however the city is primarily responsible for the operation of its system in compliance with applicable laws."
Weaver asked the state to provide "the specific deficiencies that you are stating have not been corrected by the city."
In an email statement, DEQ spokeswoman Tiffany Brown said the state's concerns about Flint's water system have been documented and ongoing.
ADVERTISING
"A letter outlining the significant deficiencies was first sent to the city for action over nine months ago in August 2017," Brown said. "The matter at hand is working together to address these deficiencies to help ensure that the city continues to have quality drinking water."
Oswald had written to Weaver May 31, warning the mayor that he was sending a consent agreement, which says Flint failed to correct the "significant deficiencies" identified by the state last August with 120 days and also failed to enter into a corrective action plan with the state.
Weaver spoke to some of the problems raised by the DEQ in a September 2017 letter, and said then that "all significant deficiencies will not be corrected within the 120-day corrective time period mandated in your letter."
The new consent order spells out potential penalties for failing to comply with provisions of it -- up to $500 per violation, per day after 15 or more days of failing to comply.
Brown said that failure to sign the consent agreement could potentially lead to a lawsuit to force compliance.
Among the actions the consent order requires of the city:
By June 30, have a cross connection manager working and dedicated to activities designed to prevent sewage from contaminating drinking water. In a letter last year, the state claimed the person responsible for the city's program had reportedly been assigned other duties and not conducted required inspections for at least three years.
Within 30 days, provide the state with standard operating procedures for the water system -- either those written by the Arcadis Group, a city contractor, or revisions of the consultant's procedures.
Within 30 days, notify the DEQ of its plan to implement a sufficient rate structure that "shall reflect costs of adequate staffing and laboratory facilities ..."
By June 30, hire a full-time operator in charge on a permanent or contractual basis to oversee treatment system operations.
By December 31, complete the design of chemical feed system improvements for DEQ review and approval.
By Dec. 31, 2019, complete construction of the chemical feed system.
By Dec. 31, demonstrate to the DEQ "that it has the technical, managerial and financial capacity necessary to consistently operate the water system in accordance with the law "after the current technical and training assistance contracts expire." |
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Wed Jun 06, 2018 7:07 am |
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untanglingwebs
El Supremo
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#FLINT What else could be in our water. The only one to blame is the Mayor. Where is our Ombudsman that would investigate. Read the following and the article. Unbelievable.
Weaver has a deadline but the duty is breeched.
“By June 30, have a cross connection manager working and dedicated to activities designed to prevent sewage from contaminating drinking water. In a letter last year, the state claimed the person responsible for the city's program had reportedly been assigned other duties and not conducted required inspections for at least three years.“ @terrybankert |
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Wed Jun 06, 2018 7:08 am |
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untanglingwebs
El Supremo
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Terry Bankert shared a link to the group: Flint Citizens And Flint City Charter Enforcement.
2 hrs ·
#Flint- #resistancewithresults- Flint Mayor Karen Weaver is acting like an “Emergency Manager”. She was indignant that the Council did it’s job to critique her budget and offer amendments. I heard others say that since surviving a recall she feels she has a mandate and we should all just submit. Our local law demands Flint has two equal units of Government the Mayor and Flint City Council. They are a check and balance to protect us. Weaver wants to reign supreme just like a “Snyder Emergency Manager”. Council I applaud you for doing your job. To the Mayor I suggest you read the Flint City Charter. @TerryBankert former Flint Ombudsman.
FLINTCITYCHARTER.COM
City of Flint Charter Review Commission
The Flint Charter Review Commission is composed of nine members tasked with reviewing the City of Flint’s Charter and making recommendations on changes. |
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Wed Jun 06, 2018 8:02 am |
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untanglingwebs
El Supremo
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State tells Flint it can't pay consultant with water service line money
Updated 9:41 AM; Posted 9:41 AM
By Ron Fonger rfonger1@mlive.com
FLINT, MI -- The state has told the city's chief financial officer to not to use money set aside for service line replacement work to pay a consultant more than $433,000 for work on other water system issues.
Amy Epkey, administration deputy director at the Michigan Department of Environmental Quality, told Flint CFO Hughey Newsome that invoices for work by AECOM that are not related to service line work can't be paid from an initial $40 million allotment of federal Water Infrastructure Improvements for Nation funds.
The first $40 million is restricted to work only on the replacement of service lines, but Newsome had advised DEQ last month of his plan to pay AECOM for its overall water system planning, saying "the city sees no other path forward and must take this approach."
AECOM is an international engineering firm overseeing Flint's water system improvement program and the service line replacement program. Its $5 million contract includes the $433,276 invoiced for work it has done on the city's overall water system and plans for spending the remaining $80 million in state and federal funds.
"The MDEQ is emphasizing that, moving forward, all service lines that are to be replaced utilizing federal or state funding should first be hydro-excavated to determine material type," Oswald told Weaver.
The $120 million come from $100 million in federal and $20 million in state funds.
Epkey put the brakes on Flint paying for non-service line work until additional funds are released, according to a Tuesday, June 5, letter to Newsome, who said talks are continuing with the state to find a way to avoid city having to pay AECOM in advance of additional federal funds being released.
"It's an administrative challenge," he said.
Epkey said the DEQ may be able to help the city identify funding for the AECOM invoices if it gets more information.
With revamping the city's lead-tainted infrastructure, AECOM – under a $5 million contract – says it's also looking to bring transparency and accountability into the process.
MLive-The Flint Journal could not reach a representative of the company for comment.
In addition to oversight of Flint's program for replacing lead and galvanized service lines, AECOM has also helped to develop plans for other water system improvements, including modernization of water meters, right-sizing pumps and water transmission lines, and upgrades to equipment at Flint's water treatment plant. |
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Thu Jun 07, 2018 11:23 am |
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