Sunday, May 27, 2018
1900 Kanawha Boulevard,
East Charleston, WV 25305
Phone: (304) 558-4331
Fax: (304) 558-2999
Office hours:
9:00 a.m. - 5:00 p.m.




Board of Directors’ Meeting

February 12, 2009



Members Present: Marc Monteleone, Chairman

Roy Smith

Rodney W. Clay

Tom Winter

Mary Jo Klempa

Bud Sprouse

Department of

Administration: Donna Lipscomb, Executive Coordinator


Others Present: Lloyd W. Miller, AIA - Visions Architects

Mike Clowser, Contractors Association of West Virginia

Scott Mason, General Services Division

Bob Hardman, Glenville State College

Members Absent: H. Wood "Woody" Thrasher

Ron Spradling



The meeting was called to order by Chairman Monteleone. A silent roll call was taken and it was determined that a quorum was present.

Approval of Minutes:

Tom Winter moved for approval of the minutes of the October 16, 2008, meeting. The motion was seconded by Roy Smith. All voted in favor and the minutes were approved and adopted.


New Business:

i Presentation by Glenville State College

Bob Hardman discussed the review of the Glenville State College technical proposals. He advised that three proposals were reviewed and one was rejected because they could not meet the time requirements. The two that were scored were rated and BBL Carlton received the highest score. Mr. Hardman requested approval to move forward with the project.

Mr. Smith questioned whether the Department of Administration’s representative was present when the proposals were scored. Scott Mason indicated he was present when they were opened and scored. Mr. Hardman stated that the Criteria Developer was also present. Chairman Monteleone asked who the Criteria Developer is on the project. Mr. Hardman advised that it is Andrae Smitters. Mr. Smith questioned whether the bidders were required to fund the project. Mike Clowser, with the Contractors Association, stated that a question arose from someone who bid on the project and the addendum sent out stated they would be required to provide the funding. The addendum stated the project was contingent upon acquiring financing. Mr. Clowser directed the board members attention to 5-22A of the code wherein it states that projects must have financing in advance in order to be approved. Mr. Clowser further advised the board that the one bidder did not have time to get the funding plan when the addendum was sent out. Mr. Clowser provided a letter to the board and stated that the purpose of the letter is to see what the process is now and what it will be going forward.

Chairman Monteleone advised that when Glenville was approved there were two issues. One was the schedule and the other was the financing. Dr. Barr sent a letter on their financing and it indicated they would need assistance on financing. Chairman Monteleone stated when you read the addendum on financing it is very confusing because it says you must secure the financing and then it says you must assist. Mr. Hardman discussed the financing issue. He indicated that they were looking for assistance from the design-builders on securing financing.

Mr. Hardman also indicated that a pre-bid meeting was held on January 9th and it was discussed openly with the bidders and it was left up to the design-build teams to bring it back. Chairman Monteleone questioned whether they received any calls on the addendum. Mr. Hardman said they did not receive any direct calls and he had no knowledge of anyone else receiving any calls. Chairman Monteleone asked why the addendum was sent out. Mr. Hardman advised they wanted to clarify what they were looking for.

Chairman Monteleone quested Mr. Mason as to whether he was present when the proposals were received. Mr. Mason stated that he was not present when they were received but he was present when they were opened.

Mr. Clay advised the board that when they approved the project they were told that municipal bonds would be used to fund the project. The letter received subsequent to that identified several options. Mr. Clay questioned whether the board could approve a project without the funding in place. Chairman Monteleone sited the statute and stated they could approve without the funding in place, but they had to have a funding plan in place. The actual funding does have to be in place at the time of construction. Mr. Clay questioned whether all the design-build teams had time to put together the funding. Mr. Hardman stated that three of the four did. Mr. Smith asked what the method of funding is. Mr. Hardman advised that he did not know as the bidder would outline that in the next package. Mr. Clay asked if the submitter’s plan is not possible, would the project not be built. Mr. Hardman stated that was a possibility.

Mr. Clay questioned whether the board had ever approved a project without financing. Mr. Smith stated the Fayetteville Skate Park’s funding was not in place at time of approval. Chairman Monteleone pointed out to the board that Glenville did not provide a stipend.

Mr. Winter advised the board that he would like to see the project move forward but would like to see something from the county and the banks saying they will fund the project. Mr. Smith moved to approve the project going forward to the next step. Motion seconded by Mr. Winter. The motion passed with Mr. Clay voting ney.

There was further discussion by the board. Chairman Monteleone stated this is a sophisticated project and it is not up to the board to tell them what to do. Chairman Monteleone stated the board needs to assure the criteria developer knows the law and the procedures. Mr. Smith expressed concern about being told they would fund the project by bonds and then the whole thing changed. Mr. Clay expressed concern that the contractors may have spent a lot of time on the proposals and the project may not be build. Mr. Smith also expressed concern about the timing of the addendum because the contractors only had three days and they are not experts on funding. Mr. Hardman advised the board that the addendum was only to clarify. The funding was discussed with all the teams at the pre-bid meeting.

Chairman Monteleone requested Ms. Lipscomb to amend the application to include a section requesting the funding plan.


Old Business:


i There was no old business to come before the board.


Other Business:

i Ms. Lipscomb advised the board that she received an e-mail questioning whether a project by the City of Hinton for a fire station had been approved by the board. Ms. Lipscomb indicated that she looked into the situation and Chris Meadows, Hinton’s City Manager, advised that this is not a design-build project. The expression of interest was just written poorly and gave the impression it was a design-build project.

Lloyd Miller questioned the status of the investigation into the WVU project he previously reported to the board. Ms. Lipscomb advised Mr. Miller that the Department of Administration’s attorney spoke with WVU and was informed this was not a design-build project as they are bidding out everything separately.


There being no other business to come before the Board and the meeting was adjourned.