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<br /> <br />september 1, 2005 - Recessed Meeting / Work Session <br /> <br />Page <br /> <br />322 <br /> <br />Ms. Dubois reported a meeting is planned with the underwriter on Friday <br />to discuss the financing options for the Annex. She stated there is a <br />potential for a ubridge loan" to reduce the financing costs. Additional <br />information will be provided to the Board at a later date. <br /> <br />Request for Proposals for Maintenance & custodial Services - Law Enforcement <br />Center and Annex <br /> <br />John Day, County Manager, proposed the possibility of contracting out <br />the maintenance and custodial services for the Law Enforcement Center and <br />Annex. He stated Keith and Keith Corrections currently provides these <br />services in both Mecklenburg and Union counties. He asked for authorization <br />to solicit proposals for these services. <br /> <br />There was brief discussion about contracting the maintenance and <br />custodial services, the need to contact other counties with new jails to see <br />how they are handling those services and the possibility of including the <br />Courthouse as part of the service contract. <br /> <br />UPON MOTION of vice Chairman Carruth, seconded by Commissioner Privette <br />and unanimously carried, the Board authorized the County Manager to solicit <br />proposals for maintenance and custodial services for the Law Enforcement <br />Center and Annex. <br /> <br />construction Manager at Risk <br /> <br />John Day, County Manager, reported the Board at its meeting on August <br />20 selected Turner Construction Company as the Construction Manager at Risk <br />(CM at Risk) for the Sheriff's Office, Jail and Jail Annex project. He <br />discussed the importance of having Turner on the job as quickly as possible <br />for the site work and preconstruct ion process. Stating it will take a matter <br />of weeks to finalize the CM at Risk Agreement, Mr. Day requested that the <br />Board authorize the Chairman to execute the letter of Intent to Award <br />Contract to Turner Construction Company and authorize funds to engage Turner <br />for the preconstruction, site work, and construction billings in the interim <br />at an hourly rate of $144.66 plus reimbursables, not to exceed $50,000.00. <br /> <br />At the request of Commissioner Privette, the Clerk read the Board's <br />motion of August 20th to hire Turner Construction company as the CM at Risk <br />for the Jail and Law Enforcement Center project. It was noted that <br />Commissioner Juba had asked to be recused from voting because of potential <br />financial involvement. <br /> <br />Commissioner Privette expressed reservations about hiring a CM at Risk <br />for the Jail project. He also questioned Commissioner Juba's involvement in <br />reviewing the CM at Risk proposals and her recusal from voting. He stated the <br />County should not proceed with the CM at Risk proposal. <br /> <br />There was lengthy discussion regarding the CM at Risk services. Issues <br />addressed during discussion included the following: (1) Consensus by the <br />Board at the May 2nd meeting for Commissioner Juba to assist staff in <br />reviewing the CM at Risk proposals based on her business experience; (2) <br />perception of the public versus conflict of interest; and (3) the source of <br />an anonymous fax received by the County Manager's Office. <br /> <br />At the request of Chairman Carpenter, Mr. Hartsell addressed the issue <br />of conflict of interest. He stated the General Statutes do not deal with the <br />term "conflict of interest" and read NCGS 14-234 (al (1) as follows: "No public <br />officer or employee who is involved in making or administering a contract on <br />behalf of the public agency may derive a direct benefit from the contract <br />except as provided in this section or otherwise allowed by law." Mr. Hartsell <br />said there is no conflict and there is no evidence of benefit from the <br />contract being considered. <br /> <br />Commissioner Juba read a prepared statement that identified the <br />sequence of events of the interview process and the methodology used by the <br />"selection team" to make a recommendation on the eM at Risk. She addressed <br />the following items: (1) Emails that are being distributed in the community; <br />(2l History of Juba Aluminum Products Company with the three companies that <br />submitted a response to the Request for Qualifications; and (3) Consultation <br />with the County Attorney and Frayda Bluesteim of the UNC Institute of <br />Government regarding her decision not to vote. Commissioner Juba reported <br />that Juba Aluminum is currently performing the glass work on the Mecklenburg <br />County Courthouse directly for the owner, Mecklenburg County; and Turner is <br />the CM at Risk on the project. Further, Commissioner Juba stated during her <br />