TRUMBULL COUNTY Judge's ruling forces Girard to hire lowest bidder

The judge wrote that a felony record can be used by city council in making its decision.
By TIM YOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A Trumbull County Common Pleas judge has ruled that a man's past can haunt him.
In doing so, Judge John M. Stuard ruled that Girard officials didn't err when they recommended that the highest bidder for sewer work be awarded a contract, although M & amp;M Excavating Inc. of Vienna was the lowest bidder.
Judge Stuard agreed with arguments made by Girard Law Director Mark Standohar.
The judge rejected M & amp;M's request for an injunction that would have prohibited the city from awarding the contact to the highest bidder, A.P. O'Horo Co. of Liberty.
M & amp;M is owned by James Matash. Matash was sentenced to a year in prison in 2001 for unlawfully acquiring a contract to demolish the Regency Hotel on U.S. Route 422 in Warren.
What happened
He reportedly paid $5,000 to James Lapmardo, a Warren building official at the time, to get the demolition contract. Lapmardo is awaiting sentencing in federal court on a racketeering conviction.
"The good guys win again," Mayor James J. Melfi said Wednesday after hearing of the court's ruling.
Girard's board of control had recommended that the contract be awarded to O'Horo to extend the Heather Avenue sanitary sewer to service Shannon Road properties.
O'Horo bid $26,600, while M & amp;M bid $24,800 to extend the sewer 240 feet.
During a July hearing, Standohar argued that state law says contracts can be awarded to the "lowest and best" bidder.
Girard officials testified that they favored O'Horo because they were satisfied with the work the company did on the sewage treatment plant after last summer's flooding.
They testified that the work done on a state Route 193 waterline project by M & amp;M ran over in both time and costs.
Melfi also didn't want to award the contract to a convicted felon.
Factor in decision
In his arguments, Standohar asserted that city law says a bidder's criminal record "would be an important factor considered by the city."
Judge Stuard wrote that a felony record can be used by city council in making its decision.
Standohar also argued, and the judge agreed, that the city didn't abuse its discretion because it was not "unreasonable, arbitrary or unconscionable."
The judge pointed to both state and city laws that require the awarding of public contracts to the lowest responsive and responsible bidder.
Although the city controlling board recommended O'Horo, the contract hasn't gone before city council to award because the lawsuit was pending.
Melfi said legislation awarding the contract to M & amp;M will be presented to lawmakers in hopes the project can get done this year.
yovich@vindy.com