Sunday, May 27, 2018
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East Charleston, WV 25305
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Board of Directors Meeting

May 19, 2005



Members Present:    Marc A. Monteleone, Chairman
                                    H. Wood "Woody" Thrasher
                                    Roy Smith
                                    Tom Winter
                                    Rod Clay
                                    Glendon "Bud" Sprouse
                                    Ron Spradling

Department of
         Donna Lipscomb, Executive Coordinator
                                   Frank Drobot, Architect

Others Present:        Amy Clendenin, American Council of Engineering 
                                   Les Ray, BBL Carlton
                                   Lloyd Miller, NVisions

Members Absent:     Mary Jo Thompson-Klempa




The meeting was called to order by Chairman Monteleone. It was determined that a quorum was present.

Approval of Minutes:

Roy Smith moved for approval of the minutes of the February 10, 2005, meeting. Motion seconded by Tom Winter. There was no discussion or amendments to the minutes, they were approved by a unanimous vote.

Old Business:



Review of House Bill 2592

Chairman Monteleone stated that HB 2592 passed the legislature and has been signed into law. As a result of the new legislation the Department of Administration, in conjunction with the Board, has to propose legislative rule modifications. Ms. Lipscomb provided a copy of HB 2592 to the Board.

The Board went over the new legislation and there was a lengthy discussion regarding all the changes made to the Design-Build Procurement Act and what rule modifications need to be made.

Ms. Lipscomb requested that the Board not only file modified legislative rules but also establish a set of forms that she can utilize in doing the required reporting to the Board and to the Legislature. The Board agreed to establish a set of forms for staff use and identified what forms need to be prepared. The Board requested Ms. Lipscomb to draft the forms and send them to the Board for review and approval at the next meeting.


New Business:

Legislative Rule Modifications

Chairman Monteleone stated that the Board was provided a set of proposed rules by staff which were prepared by Lloyd Miller. These rules were prepared by Mr. Miller as a result of a work group of contractors, architects and engineers back some time ago prior to the passage of the new legislation. Mr. Monteleone inquired whether the Board wanted to utilize those proposed modifications as a starting point or start from scratch. Mr. Smith stated that he does not mind utilizing that draft but he believes that the proposed modifications go far beyond what the legislation requires. Chairman Monteleone stated that they would use the proposed rules as a starting point and go through them throughly and make changes.


Mr. Spradling requested that they remove the portion of the rules dealing with safety rating as it goes too far as it may relate to Worker’s Compensation. Chairman Monteleone stated that they would start at the beginning and go through the rules word by word and make revisions as they go along.

The Board reviewed the legislative rules line by line and made changes to them. The exact changes requested by the board were noted by hand-written notes on the hard copy of the proposed rules which are made as a part of these minutes and attached hereto.

Ms. Lipscomb stated that she would like the Board to approve the modifications and revisions prior to her putting them out for comment and filing with the Legislature. Chairman Monteleone inquired as to what the time frame was that the Board needed to work from. Ms. Lipscomb stated that the deadline to put the rules out for comment in order to be introduced during the 2006 legislative session is June 29, 2005. However, if you wait until the deadline then your deadline to receive comments and your deadline to file agency approved rules is the same day and she needs time in between to make any needed modifications based upon the comments received. Therefore, Chairman Monteleone stated that the Board would meet the week of June 13th to review and approve the revised rules.

Ms. Lipscomb stated that she would poll the members to see when she could get a quorum and set up another meeting for the week of June 13th. She also stated that she would send out the draft forms along with the notice of meeting, revised rules, minutes of meeting, and agenda.

Chairman Monteleone noted that there has also been rules drafted in the past regarding the Design-Build Board which were separate from the rules reviewed today. He requested Ms. Lipscomb to determine the status of those rules and report back to the Board. Ms. Lipscomb agreed to report back to the board at the next meeting.

Other Business:

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