Sunday, May 27, 2018
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East Charleston, WV 25305
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Office hours:
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Board of Directors Meeting
March 2, 2006


Members Present: Marc A. Monteleone, Chairman
                                H. Wood "Woody" Thrasher
                                Mary Jo Thompson-Klempa
                                Roy Smith
                                Glendon "Bud" Sprouse
                                Ron Spradling



Department of
     Joyce Jones on behalf of Donna Lipscomb, Executive Coordinator

Others Present:    Mike Clowser, Contractor’s Association
                              Amy Clendenin, American Council of Engineering 
                              Lloyd Miller, NVisions

Members Absent:  Rodney Clay
                                Robert J. Ferguson, Jr.


The meeting was called to order by Chairman Monteleone. The meeting was held via telephone conference from the Department of Administration conference room. It was determined that a quorum was present.


Approval of Minutes:

The meeting was called on an emergency basis and no minutes were available for approval.

Old Business:



There was no old business to come before the board.


New Business:

Project Application From Marshall University


Chairman Monteleone advised the board that the purpose of the emergency meeting is to officially adopt and approve the response letter to Marshall University regarding their project application. Although the board has already adopted and approved the response letter to Marshall University via e-mail, the Chairman was advised by Donna Lipcomb that in order to be in compliance with the Open Governmental Meetings Act an official meeting would be required with notice on the State Register.

A motion to approve Chairman Monteleone’s proposed response letter to Marshall University was made by Mary Jo Klempa and seconded by Roy Smith.

Chairman Monteleone opened the motion up for discussion. Mr. Smith requested the Chairman to explain to the board what the letter means. The Chairman advised the board that there was legislation introduced during the session that would exempt Marshall University and West Virginia University from the Design-Build Procurement Act. There was some confusion by Marshall as to whether one of their projects was a design-build project or not. A conference call was held which included Chairman Monteleone, Roy Smith, the Architects Association, the Contractor’s Association, the President of Marshall University, and Marshall University’s legal counsel. During the conference call Chairman Monteleone suggested that Marshall University submit an application to the Board and then the board could make a decision as to whether their project would qualify as a design-build project.

Chairman Monteleone advised the Board that Marshall University’s project is at the land use planning stage and not at the construction phase at this time. They are not contemplating doing the project as a design-build project at this time. The letter drafted by Chairman Monteleone to Marshall’s proposal states that at this time the Design-Build Board did not see their project coming to the board but if they went further with the project they would need to come to see the board. Mr. Smith agreed with the Chairman’s explanation of the purpose for the letter.

Mr. Thrasher questioned whether the board is addressing the State’s desire to give Marshall and WVU the exemption from the Design-Build Procurement Act. Chairman Monteleone advised that Marshall University has agreed to pull the legislation and Senator Plymale is going to pull it. Mr. Thrasher indicated that last year WVU received a waiver from the normal procurement process for architecture and engineering services. He does not believe that this is a good idea. Mr. Monteleone agreed and stated that this is why his letter states they will need to come to the board later.

Mr. Smith advised the board that many people are concerned with the legislation as it is written as it is very troublesome. Basically it sets up the universities as their own judge and jury. The design-build process requires everything be done in the open and is subject to scrutiny by all. Mr. Clowser stated that the bill has already passed the Senate which exempts WVU and Marshall. If the bill passes then why would it only exempt WVU and Marshall and why not exempt all higher education projects. Most projects that have come through the board are higher education projects. The question then becomes "what is the purpose of the design-build law if you are going to exempt most projects that come before the board?" Mr. Clowser stated that the reason for the bill is because of the proposed project by Marshall University. Senator Plymale introduced the bill to address this particular project before the board today. Mr. Clowser stated that the engineers, architects and contractors have grave concerns with the bill. It is their understanding that if the Design-Build Board determines that this proposed project does not constitute a design-build project and does not come under the approval of the board then Marshall University and Senator Plymale are willing to let the bill die in the House. This was confirmed in a conversation Mr. Clowser had with Senator Plymale yesterday, The other question is whether there are other people who would like to see that bill progress. No one has come forward at this time but it will need to be monitored.

Chairman Monteleone would like to go on record that the Design-Build Board is opposed to the bill. Mr. Thrasher asked whether it is appropriate for the board to take a position on that. Chairman Monteleone stated that the board can pass a resolution that they have read the bill and oppose it. Mr. Thrasher believes that the Board should write a very strong letter to the legislators advising of their concerns about circumventing the process. Mr. Smith agrees with such a letter. Chairman Monteleone questioned who the letter would be addressed to. Mr. Clowser suggested it be sent to the Speaker of the House and the Chairs of the three committees that will review the bill on the House side.

Chairman Monteleone requested that the board first vote on the prior motion to approve the response letter to Marshall University. Motion passed by a unanimous vote. A second motion was made by Mr. Thrasher to send a letter to the legislators advising them of their opinion on the proposed legislation. Motion seconded by Ms. Klempa. All voted in favor. Mr. Thrasher agreed to draft the letter. Chairman Monteleone requested that Donna Lipscomb get the names and address to Mr. Thrasher of all legislators who should receive the letter. Once the letter is drafted by Mr. Thrasher, Ms. Lipscomb will send to the board for approval. Mr. Smith suggested that the letter reflect who each member of the board represents so they will know. All board members agreed with the suggestion and Mr. Thrasher will include that information in the letter.


Other Business:

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