June 10, 2023
 
Hi Everyone,
Citizen turn out at our city meetings has been amazing, Thank you all for your support. Your participation is essential to the health of our city, and it’s having an impact.
 
What happened at the last meeting?
Our city awarded four No Bid contracts. Three went to contractors and one went to our city’s economic director. Right after I was elected in November of 2022, I was given a staff directory. The economic director is listed on the first page of the Oak Hill commission orientation book. Click here to see it. Our city has had an economic development director listed for years. Now the commission claims that our city needs the services and cannot get them without a contract, despite the claim from the director that he would continue to provide his services and did not ask for this contract.
 
Attorney Simpson cited ordinance Sec. 2-310. – Definitions. to support the city’s adoption of a contract to retain the city’s economic director. The ordinance states that: The term “services” shall not include professional services which are unique in their nature and not subject to competition. In the very recent past, our city used the competitive bidding process to select the auditor that does the annual audit for our city every year. Professional service? Our city uses an auditor selection committee to solicit and screen the bids.  Less than 3 years ago our city solicited bids to select the professional services of a city planner. I don’t know the record or qualifications of our economic director, but I do know that the competitive bidding process would provide the city with an expanded view of the options available and provide new pathways. If our economic development director is all he claims then he could easily survive the limited scrutiny the competitive bidding process presents. 

“where standardization is determined to be in the best interest of the city”

In the case of the other three contracts, how is standardization in the best interest of the city? Attorney Simpson cited Oak Hill ordinance Sec. 2-325. – Negotiated purchases regardless of cost. as a workaround to Oak Hill ordinance, Sec. 2-324. – Open market procedures. The commission and city administrator cited convenience as what’s in the best interest of the city. So, here’s what the commission is telling you, is why they’re giving no-bid contracts out in conflict with our city ordinances. It’s convenient, and soliciting bids is difficult and takes time. They also cite lack of staff as we search for a new administrator and assistant administrator.  The contracts are for land clearing, equipment maintenance, hauling services, tree removal services and street and sidewalk paving and maintenance. In order to buy into their argument, you would have to believe that suddenly, after all these years of obtaining widely available services, without a continuous, open ended contract, that has no pricing schedule or review timetable, is in the best interest of the city.

During debate amongst the commission the example of a fallen tree blocking the road was presented several times as evidence that our city needs these contracts to deal with this inevitability. None of these contracts contain a provision stating the obligation of the contractor to react to our city’s needs during an emergency. If our city is going to enter into a contract, why not include provisions that will actually benefit our city?  Attorney Simpson stated at the May 22, 2023 meeting that the adoption of these contracts would not adorn the contractor as the exclusive provider of services to the city. If I was the winner of one of these contracts and the city awarded a job of like service to a competitor, I would take exception to that and depending on the monetary value I might choose to seek a legal remedy to protect my interest. Is that in the best interest of our city?
 
So how is the adoption of these contracts in the best interest of the city? What specific advantage does it provide us? Essentially the only advantage it provides is to allow the administration to circumvent the purchasing procedure as specifically prohibited in Oak Hill ordinance Sec. 2-319. – Waiver of irregularities. “as long as the waiver would not adversely affect competitive bidding by placing a bidder in a position of advantage over other bidders or by otherwise undermining the intent of competitive bidding” and Sec. 2-322. – Same—City commission. “Awarding of contracts involving public constructions and improvements must be authorized by the city commission and must adhere to the formal bid and contract procedures contained in this article.
Click here to see how our city government and it’s commission handles the competitive bidding process required by Oak Hill ordinance, Sec. 2-324. – Open market procedures.
———————-
The next Oak Hill City Commissioner’s meeting is, June 12, 2023 at city hall. The time is 6:00 PM. The agenda is available by clicking here. To the best of my knowledge no agenda pack was published to support decision making for this meeting.
Please come and let your voice be heard. Your presence and participation are how we hold our commission to account.
 
As Always, it’s my pleasure to serve you, I appreciate your support. Please let me know what I can do to help. I’m here to represent you…

Joe Catigano
Oak Hill City Commissioner
Seat 3