Connect with us

Kentucky

Promised report on Kentucky single-bid paving contracts 8 months late

Published

on

Promised report on Kentucky single-bid paving contracts 8 months late


Last December, a committee of Kentucky lawmakers met to hear a presentation from legislative analysts that confirmed a longstanding concern with the way the state doles out road paving contracts: Single-bid jobs are costly.

According to the Legislative Research Commission analysts, most of the contracts awarded by the Kentucky Transportation Cabinet from January 2018 through July 2023 went to companies that submitted the only bid to do the work.

Without competition, the analysts found that those jobs cost taxpayers more money than other paving projects that pitted two or more companies against each other to bid for the lowest price.

The presentation followed a 2021 Kentucky Center for Investigative Reporting analysis which found that nearly a third of all road work contracts awarded between 2018 and 2021 went to single bidders — costing taxpayers $9.6 million more than state officials’ estimates.

Advertisement

The legislative researchers provided a list of policy recommendations they said could make the bidding process more competitive — like ending the practice of publishing a list of contractors who planned to submit bids for a project, which the analysts warned can stifle competition.

Brandon Storm, a Republican from London and chair of the oversight and investigations committee that heard the presentation about single bids, said a full report on the issue would be released in January 2024.

But lawmakers have yet to release the report. And Kentucky Transportation Cabinet officials have implemented just one of six policy changes recommended by the analysts — they started using software to help detect collusion in the bidding process, according to a cabinet spokesperson who said the cabinet was working to implement other recommendations.

In the months following the committee meeting, Kentucky transportation officials have continued to award single-bid contracts, resulting in higher costs for the taxpayers, according to research from Andrew McNeill, president of the research organization KY Forum for Rights, Economics and Education.

McNeill has tracked Kentucky Transportation Cabinet bids for years, often arguing the state’s practice of awarding single-bid contracts is fiscally irresponsible.

Advertisement

He analyzed state transportation contracts awarded in the first six months of 2024 and found $142 million in work awarded to single-bid contracts, which he estimates is about $4.5 million more than state officials would have paid if multiple companies vied for contracts.

He based his estimation on research from the University of Kentucky in 2015 that determined that bids with two or more bidding companies resulted in costs that were 86.6 percent of the state’s estimated costs.

These numbers are similar to those presented to the legislature in December. Legislative analysts at that presentation said single-bid contracts cost 100.5% of the engineers’ estimate, while those with two or more bidders cost 93.3% of the estimates.

McNeill said wasting money on single-bid contracts takes away funding that could be used on other transportation needs across the state.

“These dollars are going towards these companies’ bottom line, because the Transportation Cabinet is either unwilling or incapable of designing procurements to generate competition,” he said.

Advertisement

Naitore Djigbenou, the spokesperson for the Kentucky Transportation Cabinet, said in an email that “fostering a competitive bidding process for advertised projects has always been our goal and part of the Transportation Cabinet’s longstanding effort to continually benchmark procurement practices and results with other states.” Djigbenou said the cabinet has been working to implement five of the six recommendations from the presentation, and Djigbenou said those changes “are at various degrees of implementation.”

Chad Larue, executive director of the Kentucky Association of Highway Contractors, said he’d defer speaking to reporters until after the legislators issue their promised report.

The investigations and oversight committee has met twice this year, in June and July, respectively. The topic of single-bid contracts was not on either meeting’s agenda. Storm, the committee chair, said in an email to KyCIR that he anticipates the report will be released in August.

To McNeill, the delay raises questions.

“Why wouldn’t the legislature want the public to see the full report? Is there something in there that is more damning than what was presented in December? Are they simply more interested in protecting their friends in the highway contractor industry and their relationship with the Transportation Cabinet than they are with being transparent with the public?” he asked.

Advertisement

Power, problems and politics

Asphalt companies are powerful job suppliers that donate thousands to political campaigns. Online records maintained by the Kentucky Registry of Election Finance show asphalt company employees across the state donated $117,000 thousand in donations from employees of asphalt companies during the 2023 election cycle.

The industry also has a checkered past. Leonard Lawson, who founded paving company Mountain Enterprises, was accused of bid rigging and indicted on federal antitrust charges in 2008. He was acquitted of those charges along with two state transportation cabinet officials.

Federal investigators raided the Lexington offices of ATS Construction and its subsidiaries, companies owned by Leonard Lawson’s son, Steve Lawson, in 2017 as part of another federal antitrust investigation. Company officials did not immediately return a request for comment.

After the December committee meeting, the cabinet agreed to monitor contracts awarded for work in Fayette County and follow up if the pattern of single-bid contracts continued. According to McNeill’s review of the data for 2024, the cabinet awarded $52.8 million in single-bid contracts in Fayette County.

Advertisement

December’s hearing included some explanations for the lack of competitiveness in Kentucky’s road paving industry. Asphalt can only be transported for 30 to 40 minutes before it starts to set, so companies are limited to jobs close to asphalt plants. And asphalt plants are expensive, making it difficult for new companies to enter the industry. Researchers said about half of all asphalt contracts from 2018 to 2023 went to single bidders, with five companies winning 60% of single-bid contracts.

At the time, lawmakers seemed unbothered by analysts’ findings.

Sen. Reginald Thomas, a Democrat from Lexington, said he didn’t see the problem with the state’s contracting system.

“As I sit here and listen to all these different points, I’m trying to figure out, what’s the problem here?” Thomas asked. “There’s no indication the quality of the work is not fine.”

Advertisement





Source link

Kentucky

Kentucky outlasts Wisconsin 3-2 in five-set thriller

Published

on

Kentucky outlasts Wisconsin 3-2 in five-set thriller


No. 1 Kentucky outlasted No. 3 Wisconsin 3-2 in the five-set thriller to earn a trip the the NCAA national championship. The Wildcats clinch their first national final appearance since winning the title in the Spring of 2021 and second in program history. 

In front of a sold-out T-Mobile Center in Kansas City, MO., Big Blue rallied in a dramatic fashion after a devastating 25-12 loss in Set 1. Kentucky was able to punch back in Set 2, earning the 25-22 victory before dropping the next set 25-21 to the Badgers. 

With their backs against the wall, the Cats fought off a rallying Wisconsin team for the 26-24 Set 4 victory to push the match to five. 

With momentum on their side, Kentucky took back what it lost in the first and fired on all cylinders in the fifth. The Cats raced out to a 6-1 lead early in the fifth before clinching the 15-13 win, hitting a match-best .409. 

Advertisement

Outside Eva Hudson powered 29 kills on .455 hitting with seven digs, two blocks and a service ace to power the Kentucky winm while Brooklyn DeLeye tallied 15. The Big Blue defense made the difference, registering eight big-time blocks against a career-night by Wisconsin’s Mimi Colyer. 

With the Wildcat win, Kentucky clinches a spot in the national championship to face No. 3 Texas A&M for the first ever all-SEC final in NCAA women’s volleyball history. 

Final stats here. 





Source link

Advertisement
Continue Reading

Kentucky

Kentucky Supreme Court reverses course, strikes down law limiting JCPS board power

Published

on

Kentucky Supreme Court reverses course, strikes down law limiting JCPS board power


Last December, the Kentucky Supreme Court upheld a law by a slim 4-3 majority that limited the power of the Jefferson County Board of Education and delegated more authority to the district’s superintendent.

Almost exactly one year later, the state’s high court has just done the opposite.

In a 4-3 ruling Thursday, the justices struck down the 2022 law, saying it violated the constitution by targeting one specific school district.

The court’s new opinion on the law is because of its change in membership since last December, as newly elected Justice Pamela Goodwine was sworn in a month later, and then joined three other justices in granting the school board’s request to rehear the case in April.

Advertisement

Replacing a chief justice who had voted to uphold the law last year, Goodwine sided with the majority in the opinion written by Justice Angela McCormick Bisig on Thursday to strike it down.

Bisig wrote that treating the Jefferson County district differently from all other public school districts in the state violated Sections 59 and 60 of the Kentucky Constitution. She noted that while the court “should and does give great deference to the propriety of duly enacted statutes,” they are also “duty bound to ensure that legislative decisions stay within the important mandates” of the constitution.

“When, as here, that legislative aim is focused on one and only one county without any articulable reasonable basis, the enactment violates Sections 59 and 60 of our Constitution,” Bisig wrote. “Reformulating the balance of power between one county’s school board and superintendent to the exclusion of all others without any reasonable basis fails the very tests established in our constitutional jurisprudence to discern constitutional infirmity.”

The at-times blistering dissenting opinion of Justice Shea Nickell — who wrote the majority opinion last year — argued the petition for a rehearing was improvidently granted in April, as it “failed to satisfy our Court’s historic legal standard for granting such requests, and nothing changed other than the Court’s composition.”

Nickell wrote that the court disregarded procedural rules and standards, “thereby reasonably damaging perceptions of judicial independence and diminishing public trust in the court system’s fair and impartial administration of justice.”

Advertisement

“I am profoundly disturbed by the damage and mischief such a brazen manipulation of the rehearing standard will inflict on the stability and integrity of our judicial decision-making process in the future.”

He added that some may excuse the majority’s decision by saying that “elections have consequences,” but that unlike legislators and executive officers being accountable to voters, “judges and justices are ultimately accountable to the law.”

“Courts must be free of political machinations and any fortuitous change in the composition of an appellate court’s justices should have no impact upon previously rendered fair and impartial judicial pronouncements,” Nickell wrote.

Kentucky Attorney General Russell Coleman, whose office defended the law before the court, criticized the new ruling voiding the law.

“I am stunned that our Supreme Court reversed itself based only on a new justice joining the Court,” Coleman said. “This decision is devastating for JCPS students and leaves them trapped in a failing system while sabotaging the General Assembly’s rescue mission.”

Advertisement

Corrie Shull, chair of the Jefferson County Board of Education, said in a statement he is grateful for the court’s new ruling affirming “that JCPS voters and taxpayers should have the same voice in their local operations that other Kentuckians do, through their elected school board members.”

Spokespersons for the Republican majority leadership of the Kentucky House and Senate did not immediately respond to a request for comment on Thursday’s ruling.

Republican House Speaker David Osborne criticized the move to rehear the case in April, calling it “troubling.”

“Unfortunately, judicial outcomes seem increasingly driven by partisan politics,” Osborne stated. “Kentuckians would be better served to keep politics out of the court, and the court out of politics.”

In August, GOP state Rep. Jason Nemes of Middletown penned an op-ed warning that any ruling overturning the 2022 law could draw a lawsuit challenging the Louisville-Jefferson County merger of 2003 as a violation of the same sections of Kentucky Constitution. That same day, Louisville real estate developer and major GOP donor David Nicklies filed a lawsuit seeking just that.

Advertisement

Some Republicans have also criticized Goodwine for not recusing herself from the case, alleging she had a conflict of interest due to an independent political action committee heavily funded by the teachers’ union in Louisville spending hundreds of thousands of dollars on ads to help elect her last year.

Louisville attorney and GOP official Jack Richardson filed a petition with the clerk of the Kentucky House in October to impeach Goodwine for not recusing herself. Goodwine said through a spokesperson at the time that it would not be appropriate for her to comment about the impeachment petition.





Source link

Advertisement
Continue Reading

Kentucky

Trump considers marijuana rescheduling executive order, Ky. advocates weigh in

Published

on

Trump considers marijuana rescheduling executive order, Ky. advocates weigh in


DANVILLE, Ky. (WKYT) – President Donald Trump says he is strongly considering signing an executive order rescheduling marijuana to a lower classification.

The move would loosen federal restrictions but not fully legalize the drug.

Robert Matheny, a CBD shop owner and cannabis advocate in Kentucky for over a decade, said the proposal sounds like a positive step for the cannabis industry but doesn’t think it goes far enough.

“Initial reaction is this is a great thing and a positive step for cannabis rights — and that’s what it was made to sound like to be able to get people to laugh and cheer for it,” Matheny said.

Advertisement

Matheny said the president’s looming marijuana reclassification could spell bad news for Kentuckians and the industry as a whole. He said the move would put marijuana products under pharmaceutical control and potentially drive-up prices.

“This puts a big profit margin in for the pharmaceutical industry, and this is a giant gift to from our legislators and our president right now to the pharmaceutical industry,” Matheny said.

Matheny advocates for full marijuana decriminalization, a stance that goes a step further than the one publicly supported by Governor Andy Beshear.

In a July letter to President Trump, Beshear advocated in favor of rescheduling marijuana. In the letter, he said making the rules less restrictive would provide access to cannabis for treatment and allow more research.

The federal government currently classifies marijuana as a Schedule I drug. That classification places it alongside other drugs such as heroin and LSD.

Advertisement

If classified as Schedule III, it would be placed alongside drugs the DEA says have a moderate-to-low potential for physical and psychological dependence such as ketamine and testosterone.

Matheny said even if someone is caught with a Schedule III drug, someone could still be in trouble.

“It’s still a drug. It’s still a pharmacy. If you get caught with over-the-counter pain pills it is still the same as getting caught with fentanyl you got a drug,” Matheny said.

Matthew Bratcher of Kentucky NORML is another marijuana advocate who agrees with Matheny and says legislators should go a step further.

Bratcher said while a meaningful step forward, people would not see full clarity or fairness until cannabis is fully declassified. The longtime cannabis advocate said he will watch to see what is done in Washington.

Advertisement

It’s unclear when Trump will sign the executive order.



Source link

Continue Reading
Advertisement

Trending