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1900 Kanawha Boulevard,
East Charleston, WV 25305
Phone: (304) 558-4331
Fax: (304) 558-2999
Office hours:
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December 15, 2011

Members Present:     Marc Monteleone, Chairman
                                    Roy Smith
                                    Woody Thrasher 
                                    Mary Jo Klempa
                                    Ron Spradling
Department of
         Donna Lipscomb

Others Present:
         Micheal Evans, Department of Administration
                                    Lloyd Miller, Lloyd W. Miller Architect PLLC
                                    Ronald May, Marshall University
                                    Jim Terry, Marshall University

Members Absent:     Rodney Clay



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

Approval of Minutes:

    Approval of the minutes was dispensed with, as the minutes of the November 17, 2011, meeting were approved electronically by the board members. 

New Business:

Presentation by Marshall University

    Lloyd Miller introduced Ronald May and Jim Terry with Marshall University. Mr. Miller advised the board that the qualitative proposals on the parking garage project was opened on December 8, 2011, under the direction of Donna Lipscomb. The cost proposals were secured and maintained by the Purchasing Division. The qualitative proposals were then opened.

    Five proposals were submitted. The technical review committee spent all day Thursday and Friday, December 8th and 9th, evaluating them and then met again the following Wednesday, December 14th, to score them. Mr. Miller advised that it was quite a long process. The results of the scoring was reviewed by the board. The results identify Carl Walker Construction as receiving the highest qualitative score. Mr. Miller asked the board to approve the process and allow Marshall University to proceed with the opening of the costs.

    Chairman Monteleone questioned Ms. Lipscomb if the process was followed correctly. Ms. Lipscomb stated that it went very well. There were no questions by the board members. Mr. Thrasher stated that he reviewed everything and it looks like there was thoughtful consideration and they did a good job. Mr. Thrasher moved for approval of the process and to allow them to proceed with the opening of the costs. Motion seconded by Ms. Klempa. All voted in favor and the motion passed.

    Mr. Miller advised the board that they have advertised the cost proposal opening for Monday, December 19, 2011. Ms. Lipscomb advised the board members that the next meeting of the board to approve the costs for this project is Thursday, January 5, 2012. Marshall University wants to get started as soon as possible so they can be completed by the start of the school year next fall. Ms. Lipscomb questioned the members as to their availability so she could assure a quorum. Mr. Thrasher stated that he could not attend on January 5th as he would be in a location with no phone service.


Old Business:


    Ms. Lipscomb advised the board that she received, on behalf of the board, a letter from David Bruffy regarding the protest that was filed in the Mountain Line Transit Authority project. Mr. Bruffy’s letter and the entire packet of information is included in the board member’s packet for review. Chairman Monteleone stated that the board should take this matter under advisement and take some time to review and then respond. The Chairman stated that the letter states the board should pay their legal fees and he believes the board is under the states immunity. This needs determined. Chairman Monteleone indicated to Mr. Miller that he needed to contact his carrier. If a lawsuit is filed then Mr. Miller would need to be brought into the lawsuit. Mr. Miller advised that he has already contacted his carrier.

    Chairman Monteleone stated that Design-Build Procurement Act states the protest must be made to the agency. The agency then must make the determination. Chairman Monteleone requested Ms. Lipscomb to check with her office and determine who will represent the board and who will pay for those costs. Ms. Lipscomb indicated that there is a small fund for the board for expenses but she is unsure if legal fees can be paid from the fund as the intent was for travel expenses for the board members. Mr. Smith stated that a thirty day notice of intent to file a lawsuit must be served on the State. This has not been done.

 Chairman Monteleone pointed out that the agency is assuming that the board made a decision that they did not make. The board only said that one bid was not responsive. The agency must then make the decision on how to proceed with their project. They could have cancelled the process and started over or could have done the project by the design-bid-build method of construction. Chairman Monteleone stated that they need an official response from the board. He requested Ms. Lipscomb to talk to her boss to determine who will prepare the response.



Other Business:

    Chairman Monteleone discussed the possibility of holding board meetings via telephone when there are no issues and they simply need to approve a process that Ms. Lipscomb or Mr. Evans has indicated was done correctly. Mr. Smith stated that he has concerns with the public not having the ability to attend. The open meetings law may not allow this. Chairman Monteleone stated they would continue to meet as they have been doing.  

There being no other business to come before the board, the meeting was adjourned.