In a vote that almost didn’t happen, the Henry County Fiscal Court awarded the mandatory garbage franchise bid to Rumpke.
In presenting the bid, Henry County Judge Executive John Logan Brent said there was a problem.
He said that the bid packets sent to Rumpke and competitor Industrial Disposal did not include a copy of the legal advertisement for the bids.
Along with Henry County Attorney Virginia Harrod, Brent noted that providing a copy of the ad was not a legal requirement in the bid packet. Brent said typically, he does include a copy of the ad in the bid package.
Harrod said the county is only required to publish the ad in the Henry County Local. “There’s no requirement that you send out personal invitations to everybody, or that your bid packet has a copy of the ad,” she said. “I don’t feel that we can break the rules, just because somebody didn’t read the Local.”
As a result, Industrial Disposal did not provide their bid by the advertised deadline, despite speaking with Brent several times by phone.
The bid packet did include, however, a copy of the resolution to seek bids, and that included the deadline by which bids had to be received — Oct. 21 by 6 p.m.
Brent said Rumpke “followed everything in compliance,” and suggested the court proceed with awarding the bid “because I think we would be penalized if the bidding process was changed at this point.”
While the ID representative said he had not read the Local, a representative with Rumpke said “we do it to every area we’re in — we get all the papers (in counties) we’re in.”
Magistrate David Brown said that since the county met its legal requirement, he would move to open the one bid received by the county. The motion was approved in a 3-2 vote with Magistrates Nick Hawkins and Jerry Beasley voting against.
After reading the bid, Brown made the motion to accept the bid — but only after a very pregnant pause. Hawkins seconded the motion, which passed 3-2, with Beasley and Magistrate Mike Fisher voting against awarding the bid.
Brent applauded the vote.
“You all will be glad we did this, or you’d be getting calls Jan. 1 when they don’t get service,” he said.
“I just wish we had two bids,” Fisher said, a notion Hawkins echoed.
Friday, Brent said an Industrial Disposal representative left a voice mail message after the meeting indicating that their bid would have been higher than Rumpke’s.
In other business:
• The court clarified its policy regarding fence installation at the new county park. The original policy stated that the county and property owners would split the cost of a woven wire fence. Should the property owner request a no-climb fence, the county would pay the difference. What was left unmentioned, however, was the cost of additional supplies for installing the fences, including concrete and braces. The court voted to amend the policy to split the cost for additional supplies evenly with property owners.
The decision came after the county was presented with a bill from Precision Fence Company for their portion of a no-climb fence installed along a property line shared with Ray Powell, and for concrete and bracers used to install the fence.
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