Anderson, South Carolina


January 26, 2010

6:30 P.M.



The Board of Trustees of Anderson County School District Number Five met in the Offices of the Board this date with the following members present:  Mr. David Alewine, Mr. Charles Lee Anderson, Mr. Rick Bradshaw, Mrs. Ann Huitt, Mrs. Margaret Mack, Mr. Al Norris, Jr., Dr. Paul A. Talmadge, and Mr. Paul Zugg.  Absent was Dr. William Mack Burriss.





In accordance with the S. C. Code of Laws, 1976, Section 30-4-80(d), as amended, the following have been notified of the time, date, place and agenda of this meeting:  The Anderson Independent-Mail, Greenville News, The Anderson Journal, WYFF, WSPA, Paul Brown, and FOX 21.





In the absence of Dr. Burriss, Mr. Norris called the meeting to order at 6:37 p.m. for the purpose of discussing construction schedules for the new and/or renovated buildings, the Southwood Conversion Project, and other items listed on the agenda.





Mrs. Bagley stated that at the January 19 Regular Board Meeting, concerns were expressed about rain delays and permit delays and whether the district would be able to meet the August 2011 deadline for the opening of Glenview and Robert Anderson Middle Schools.  She then recognized Mr. David Lindsey of Southern Management Group to review construction schedules and to discuss concerns expressed at the last meeting.


Mr. Lindsey distributed abbreviated construction schedules for Robert Anderson and Glenview Middle Schools as information.


With regard to Robert Anderson Middle School, Mr. Lindsey stated that we have a ditch line what is called a bank to bank or non wetland condition.  When you have those conditions, there has been some discretionary review as to whether there is a need to go through the delineation process.  The need for delineation was confirmed on April 17, 2009 by the County during their review of the site plan.  We then had a consultant (GS2) to delineate the wetlands.  The delineation was completed and submitted to CORPS on May 15, 2009.  In this type of situation it generally takes three to four weeks for the delineation to be approved.  In the middle of June having not heard back from the CORPS, we began to check on the status of the delineation.  Their reviewer took a preliminary look at it with GS2 and communicated to the project team that the CORPS would probably not require a site visit.  We are now approaching the time to advertise for bids and then their stance changed.  On August 10, 2009, we were informed by the reviewer at the CORPS that they would require a site visit.  We were already looking at notice to proceed, listed on the schedule for August 6, 2009.  We were very anxious for the CORPS to make their site visit, issue their approval, so it could be forwarded to DHEC for the land disturbance permit.  We anticipated a visit within the next week; however, delineation was not approved by the CORPS until September 23.  We received the approval on September 25.  This was our initial permit delay.  We have already signed a change order to grant those days to the contractor.  The remaining scheduled dates on the handout show that after receiving approval from the CORPS, it was then forwarded by the County to DHEC; we received the land disturbance permit from DHEC on September 28, 2009; we scheduled the pre-construction meeting with the County on October 6, 2009; site work began on October 7, 2009.


With regard to Glenview Middle School, Mr. Lindsey stated that we knew we had wetlands to deal with.  What we did not know was whether our design would impact those wetlands.  If you can maintain a 100-foot buffer between your development and the wetlands, situations would be very easy.  Our design went through several iterations and was eventually finalized.  Leading up to finalizing the design, it was realized that we would go beyond the buffer.  Once again, GS2 was called to delineate the wetlands.  Preliminary delineation was completed and submitted to the CORPS on May 13, 2009.  The CORPS requested some revisions.  A second CORPS site visit was made on June 10, 2009.  Further revisions were requested.  Delineation was not approved by the CORPS on August 5, 2009.  Then there was a delay with the County.  We went through a lot of iterations and discussions with the County and were given several reasons for the delay.  The County did not forward the approval to DHEC until October 2, 2009.  We received the land disturbance permit from DHEC on October 14, 2009; we scheduled the pre-construction meeting with the County on October 20, 2009; we were ready for site work to begin on October 21, 2009.  The County then informed us that we could not begin any land disturbance or mass grading activities because there were several other things still outstanding with the site use plan.  However, we were informed that we could proceed with limited clearing activities in order to begin installation of the sediment pond.  Over the next two months the items which they requested were pursued.  One being a receipt from the Appalachian Council of Government for the sewer tap fee; another being an encroachment permit from DOT.


Mr. Lindsay stated that we were released on all counts for permits by the County on November 16, 2009 for Robert Anderson and on December 4, 2009 for Glenview.  We had a number of days relative to both Robert Anderson and Glenview that we granted back to the contractor for delays related to permits.  This brings us to July 10, 2011 for substantial completion date on Robert Anderson and July 25, 2011 for substantial completion date on Glenview.  This is based on the number of days allocated in the contract.


Mr. Lindsay went on to say that the weather over the past two months has really impacted the contractor.  It has not allowed them to proceed with the work of the job in a sense that they would pursue without that severe impact.  We have lost a lot of float time, and I am no longer of the mindset that we could still make up that time.  We have somewhat dealt with the weather delays at Robert Anderson.  We have received a formal submittal from the contractor through the end of December 2009.  They have requested 44 days.  They have also requested monies with those days.  Contractually they are due rain events and impact days less X number of days per month per the contract documents.  They did not subtract out the days in the contract documents.  We have reviewed their request; the architects and engineers have reviewed their request.  We came to 27 days.  We have not received a formal submittal for additional days for Glenview.  We have estimated approximately 35 days.  This has not been formalized and executed with Shelco.  Regardless of when the request for additional days is executed, Mr. Lindsay stated that the forecasted substantial completion date for Robert Anderson is August 6, 2011 and the forecasted completion date for Glenview is August 30, 2011.


Finally, Mr. Lindsay stated that we have voiced a lot of concerns.  We have communicated with Mr. Colman, Mr. Brooks, and Mrs. Bagley about the potential of getting the middle schools opened in August.  He stated that the potential certainly still exist, but the potential to miss this date is a lot more real than it was months ago.





After explaining to the Board the reasons for the delays in construction schedules for Glenview and Robert Anderson, Mrs. Bagley asked how important it was that we open the two middle schools in August of 2011.  She stated that if it is critically important, we may want to look at other options such as an incentive for the construction company.  If the schools are completed after August 2011, Mrs. Bagley stated that January 2012 could be the move-in date.  However, the downside of a January move-in date is that the district will rezone for the two middle schools which could cause unnecessary chaos.  She discussed waiting until August 2012 to open the two middle schools.  However, the downside of waiting until August 2012 is that the schools would be unoccupied for eight months.  Mrs. Bagley then recognized Mr. Powell of Childs & Halligan to discuss incentives for the construction company.


Mr. Powell stated that an incentive plan could be shortening the schedule or beating the schedule.  With an incentive to shorten the schedule, the contractor could bid to have so many days to complete the work.  The scenario where additional delays could still push back the completion date would have an impact if we paid to shorten the schedule, because there may be delays that are not the contractor’s fault.  If the contractor misses the schedule, the district would begin the liquidated damages phase.  The incentive to beat the schedule is when the contractor has 18 or 20 months to complete the work.  If the contractor completes the work within 16 months, the district would agree to a bonus payment.  This leaves the contractor with the option of letting the district know if they could not beat the schedule still having the original contract for the duration of the project.  The district would then be late with opening the school because they did not know until very close to the completion date that the contractor could not beat the schedule.


Questions were asked about the cost of offering incentives and the impact on staffing if the schools opened after August 2011.


Attorney Keith Duff stated that the cost is a contract negotiation that the Board would consider in Executive Session.  Mrs. Bagley stated that there would not be a significant impact on staff.  At Robert Anderson, Southwood would move as a body with additional teachers coming from Lakeside.  At Glenview, McCants would be divided with approximately 650 students per school.  There would be some hiring of staff.  Mrs. Bagley further stated that from an economic point of view and from an operational point of view, the delaying of opening the schools would help us – not hurt us.


Following further discussion, the report was received as information only.


After arriving late to the meeting because of a prior commitment, Mr. Bradshaw was brought up-to-date on the information presented to the Board.


Mr. Anderson then requested a monthly report showing the amount of money budgeted for each project, the bids amounts, and what has been spent indicating if we are over or under on each project.





Mr. Bradshaw made a motion the Board recess, then reconvene in Executive Session to discuss a contractual matter.  Mr. Anderson seconded the motion, which carried with seven in favor and one opposition (Talmadge).



(7:50 P.M.)




Dr. Talmadge made a motion the Board reconvene in Open Session.  Mrs. Mack seconded the motion, which carried unanimously.


Mr. Norris reported that no action was taken in Executive Session and no action would be taken in Open Session.





At the last Board meeting, concerns were expressed about the elevation of the frontage roads and the buffers at each site blocking the front of Glenview and Robert Anderson Middle Schools.  Mr. David Anderson of LS3P presented revised renderings of the design and layout for the middle schools.  He stated that the buffer thickness determines the amount of density of the trees.  He further stated that the landscaping on the frontage road will consist of smaller Crepe Myrtles and shrubberies which is the minimum required by County ordinances.





The Board also expressed concerns about a group of trees that have been left on both sites that would block the view of the middle schools.  Mr. Anderson of LS3P explained that the site plan indicates these areas as being undisturbed which means the trees are to remain.  In order to remove the trees, the district would have to go before the County.  It was suggested that the trees could be thinned out, cleaned up, grass planted, etc.





Mr. Brooks distributed as information a schedule of the bidding process for the elementary schools to be renovated.





Mrs. Bagley recognized Mr. Rick Mascaro to give an update on the commemorative plaques for Boys’ High and McDuffie High that will be displayed at the Hanna-Westside Extension Campus.  Mr. Mascaro distributed as information the wording that will be placed on each plaque.  Both plaques will be displayed on the archway at the entrance of the school.


The Board expressed concerns about references to individuals in the wording.  It was suggested that reference be made to the mascot on the plaque for Boys High.  It was suggested that reference be made to the archway on the plaque for McDuffie High.  Following further discussion, it was by Board consensus to remove the reference to individuals from each plaque, further research the history of both schools, and present the wording at the February Board Meeting for Board approval.





Mrs. Bagley distributed as information a Proposed Scope of Work for the addition of a Performing Arts Center building on the existing Southwood campus.  The handout covered the Project Scope, the Project Program and Design Intent, the Architectural and Engineering Design Scope, and the Proposal for A/E Design Services for the Master Plan.


Following some discussion about the cost, Mr. Anderson made a motion the district not proceed with the Master Plan until such time the architectural firm could present a set cost.  Mrs. Huitt seconded the motion.


Following further discussion, Dr. Talmadge made a substitute motion the Board direct the Administration to inform the architectural firm that the district agrees to pay $10,000 or less for the Master Plan.  Mr. Norris seconded the motion.  The motion carried with five in favor (Bradshaw, Huitt, Norris, Talmadge, Zugg) one opposition (Anderson) and one abstention (Mack).





Mr. Anderson made a motion the Board recess, then reconvene in Executive Session to consider a Property Matter and a Personnel Matter.  Mr. Zugg seconded the motion, which carried unanimously.



(8:50 P.M.)





Dr. Talmadge made a motion the Board reconvene in Open Session.  Mrs. Mack seconded the motion, which carried unanimously.


Mr. Norris reported that no action was taken in Executive Session and no action would be taken in Open Session.





There being no further business, Mr. Huitt made a motion the Board adjourn.  Mr. Anderson seconded the motion, which carried unanimously.



(9:15 P.M.)






               CHAIRMAN                                                         SECRETARY





               DATE                                                                DATE





Recording Secretary

As Approved By Superintendent