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Meeting of May 30, 2023

5-30-23 Ohio County Fiscal Court Special-Called meeting · Watch on YouTube ↗

Summary

Ohio County Fiscal Court – Special-Called Meeting (5-30-23)

This short special-called meeting was held to approve contractor bids for cleanup/debris-removal work on three federally funded (NRCS) disaster recovery sites — Sites 1, 3, and 9 — after bids had come in higher than expected and the court had to go back to NRCS before accepting them.

The court approved Extreme Excavating's bid of $185,000 for Site 1 (work already underway) and its bid of $285,000 for Site 9 (fields below the Hartford sewer plant), the latter with a 30-day start requirement.

The biggest discussion centered on Site 3, awarded to Carol Ralph/Rauf for $325,000. Magistrates were frustrated that the contractor had not started related Site 5 (Dundee Narrows Road) despite being awarded that work weeks earlier, and worried the county could lose federal funding if work wasn't completed by September 28. The court ultimately accepted the Site 3 bid on the condition that the contractor start within 30 days, be bonded for road use, and start Site 5 within 10 days — with the county reserving the right to rebid if he refuses to sign or comply.

The court also gave County Attorney Justin authority/discretion to rebid Sites 3 and 5 if the contractor refuses to sign the agreement, to keep the federal funding deadline from being missed.

All motions passed without recorded opposition, and the meeting was adjourned to move into the regular court session.

Agenda (8)

  • 1:03

    Overview of special call and bid situation

    The judge explained the special meeting was needed because bids for erosion/debris removal sites 1, 3, and 9 came in high and had to be re-checked with NRCS before being brought back for approval.

  • 2:19

    Approval of Site 1 bid

    The court approved Extreme Excavating's bid of $185,000 for Site 1, which was already underway.

  • 5:03

    Discussion and approval of Site 3 bid, tied to Site 5 status

    The court discussed awarding Site 3 to Carol Ralph for $325,000, but raised concerns that the same contractor had not started work on Site 5 despite being awarded it weeks earlier, risking loss of federal funding if not completed by September 28.

  • 9:46

    Conditions added to Site 3 acceptance (30-day start, Site 5 10-day start, bonding)

    After legal discussion, the court agreed to accept the Site 3 bid contingent on the contractor starting within 30 days, starting Site 5 within 10 days, and getting properly bonded for road use, with authority to rebid if he does not comply.

  • 10:01

    Approval of Site 9 bid

    The court approved Extreme Excavating's $285,000 bid for Site 9, located in the fields below the Hartford sewer plant, with a 30-day start requirement.

  • 11:45

    History and concerns about Site 5 (Dundee Narrows) contractor delays

    Magistrates recounted that the contractor for Site 5 had failed to move equipment in despite prior promises, raising concerns about missed deadlines, debris burial practices, and road damage from hauling.

  • 14:19

    Authorization to rebid if contractor refuses to sign new terms

    The court discussed amending the Site 3 motion to require bonding and give the county attorney/judge discretion to rebid Sites 3 and 5 if the contractor refuses to sign the new agreement within the deadline.

  • 16:29

    Adjournment

    The special-called meeting was adjourned to move into the regular fiscal court session.

Motions & votes (6)

  • 2:23

    passedAccept Extreme Excavating's bid of $185,000 for Site 1

    all in favor, aye

  • 5:08

    passedAccept Carol Ralph's bid of $325,000 for Site 3, with a 30-day start requirement

    seconded by Michael · unanimous, aye

  • 9:46

    passedAccept Site 3 bid contingent on 30-day start for Site 3 and 10-day start for Site 5, with bonding required

    seconded by Michael · further discussion, no opposition noted

  • 11:32

    passedAccept Extreme Excavating's bid of $285,000 for Site 9, with a 30-day start requirement

    Moved by Kenneth Callaway · seconded by Jason · all in favor, aye

  • 14:53

    passedAmend the Site 3 motion to require the contractor be bonded and to give the judge/attorney discretion to rebid Sites 3 and 5 if the contractor refuses to sign within the 10-day period

    seconded by Michael

  • 16:29

    unclearAdjourn the special-called meeting

Transcript (14 segments)

  • 0:01

    [Music] thank you that's great you're having a father be with us as we take on the ongoing workings of the County students public officials and all those in the government to make better place a better place to live be with all those that we affect these things we ask in your name amen but thanks everybody for coming in for this this afternoon immediate though okay I'm sorry pledge of allegiance to the flag of the United States of America and to the Republic for which stands under God indivisible with liberty and justice [Applause] but sorry to bring at the end today but we need to take care of this uh special call and by the way uh so far this year we're way behind our average on special calls so that switches is a good thing uh

  • 1:15

    what we did is whenever the bids came in so high on site one three and nine we didn't uh we didn't accept them until we went back we didn't have enough money anyway until we went back to nrcs and they looked into it so we should have brought this back at a regular Court meeting but we didn't so it's oversight that Charlie and I didn't get back to you in time so tonight we need a motion to approve these are bids we're very open on site one three and nine if I need a motion for that so what are some of these other sites under like they're slight six I I think they've told you I don't know all that is all the bids all the way combat six three yeah can we can we State who we are warning them to and when oh yes sure site one is awarded to extremely Excavating for 185 000 dollars I'll make a motion to accept a site one with extreme Excavating second for 185. one in the second for

  • 2:26

    185. you got them yeah any discussion thing then all in favor say aye and Charlie the one time maybe one I'm sorry forgive me um did you want uh any dates on any of these to be started or um started right now oh okay it's already started okay uh which site was it this other one before I could uh site one starting on their their up there working on it I mean which one do you want today hon well there's there's two sites that uh Carol Ralph he got awarded site three for three hundred twenty five thousand dollars and that's when we go make a motion for yeah and he's also got like five which is Dundee Narrows Road and and nine is what site nine is Extreme Excavating for 285 000. that's down here on the fields this place down below the Hartford sewer plan and this site three is Mr Haynes site right that is correct Mr Haney's going to come to all the meeting about them and

  • 3:39

    site five is Dundee Nails well here's the problem that uh if these sites are not done by September the 28th this year they pull the money from us all contractors know that they've been told multiple times and so site three so when we need to put the start date on that is correct and if if he don't get his done or started we're going to lose the money in the in like Mr Haney won't get theirs fixed would you say 30 days to start it because I would use site three or a site five Dunning Narrows were these guys equipment has said it for three weeks up there uh if you don't start the next 10 days we revoke his people I would say can you do it Justin I don't know this would be quite he has 10 days to start site three or psych five or we would vote his bids can we do that well I think we would need some type of notice in time uh make an indication that he's failed to what we believe abide by the terms of good faith when initially accepted this to five now

  • 4:52

    we've never accepted three so uh we can't put necessarily a deadline on them but site five would be the yeah but right now I think there is right that is correct right now what I'm thinking we're needing is a motion to uh accept site three yes I'll make a motion to accept psych three Carol Rao for the 325 thousand dollars a second by Michael and all the money is set there yeah and what what did you say we lose the Money Ball September the 28th this year this year that they've had over a year to do it but if they'll start on to move pretty quick but we don't want to accept it yes unless there isn't awesome yeah for site three you can put a date on it we'll include that whatever can we include psych three I mean I don't have a problem with 30 days from that okay so do you want 30 days from tomorrow or 10 days from tomorrow to get started yeah but he's still got number five he's working on yeah to get started but here's my thing on this okay the only thing I'm thinking I'm not a lawyer but I'm thinking since we didn't say a start time and that can we do that now that we accept it as

  • 6:05

    being can you go back inside well I think I think in a sense if somebody accepted me I think they have to be reasonable yeah contractional terms to just say well we don't have a date so I never have to do it or I'll do it at some point uh I think with this site three we can accept the bid on the condition that he agreed to the 30 days okay and he he might say I'm not that's not how I did it I'm not you know I'm not I'm green to that and we're not he's not bound by it but if he if you put it that he has to accept it in 30 days um on uh on consistent with his bid then we're having and then he needs to sign something you can't add any provision in this one to cover the last one to say that he has to start the other one before he starts this one or well I I told uh Charlie again even if we didn't have site three site five if he'd never started right and which he has it if he hasn't started so um uh it could be considered unreasonable and his interpretation that he could start whenever so you would need to send notice that you believe

  • 7:17

    he's in some types of breach of that one um so as to possibly get you can't think was there a bid for another bid for side Theory not another one no no no we only won the bid out for three I think what happened these contractors got together and they said that you bit this up four other sites done and got paid for site four and six were the only ones that had multiple bids yeah and that's right that was after the reef videos but yeah we've already had four other sites get done and get paid for but you could put it there that's one on that leaf well let's go ahead in my motion too I guess I'll backtrack it too that is 10 days 10 days is probably not a reason let's just they're two separate things let's do the 30 days on site three if you were requesting that I send a letter with regard to site five that he has 10 days to start on that uh otherwise uh we may consider the bid uh no we might we no avoid and we may take action with respect to the court in considering it and I'll avoid in a sense well what about can we do that okay if he doesn't start in 10 days on site one or something

  • 8:32

    okay and if he doesn't start with that does that normal void site three two then I think you could make the site three acceptance based upon the fact that he has 30 days and starts on site five uh um within 10 days you could probably do that I mean that um I would say you could probably do that because again these are terms that he doesn't have to accept yeah you know he can say that's not consistent with my bed and I'm not accepting that and then that would give us time to rebid those new projects both dudes away from him if he doesn't start the other one in 10 days yeah I know yeah so that's we can turn right around and and bid again yeah yeah somebody days that we could so you have to rebuild that you couldn't take them that was not in advance what about for five was there no no there's only ones but if you know that one of these excavators uh that company who got the car extreme or whatever when they take that company come in low ball four and six they would fit they're sitting in Logan Muhlenberg yeah County right now they'll come in have it done two weeks two or three weeks well I guess we'll accept three like we said on