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HomeMy WebLinkAbout5/13/2003 - Regular May 13, 2003 401 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 May 13, 2003 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of May, 2003. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph McNamara, Supervisors Michael W. Altizer, Joseph B. “Butch” Church, H. Odell “Fuzzy” Minnix MEMBERS ABSENT: Supervisor Richard C. Flora STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Diane S. Childers, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan O’Donnell, Assistant County Administrator; Diane D. Hyatt, Chief Financial Officer IN RE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Assistant County Administrator. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge introduced Tarah Holland from the Roanoke Times, who was substituting for Tim Thornton, and Joel Shelton, County Intern. He also requested that May 13, 2003 402 items C-1 and C-2, resolutions of appreciation to Senator Trumbo and Delegate Thomas, be held until later in the meeting to allow time for the recipients to arrive. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of appreciation to the Honorable Malfourd W. Trumbo for his service to the residents of Roanoke County and the Commonwealth of Virginia as a member of the Virginia House of Delegates and the Senate This item was presented following Item C-5 R-051303-3 Chairman McNamara presented the resolution and a brass paperweight to Senator Trumbo. The Board members, Mr. Hodge, and Mr. Mahoney expressed their appreciation to Senator Trumbo for his years of service. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora RESOLUTION 051303-3 OF APPRECIATION TO THE HONORABLE MALFOURD W. TRUMBO FOR HIS SERVICE TO THE RESIDENTS OF ROANOKE COUNTY AND THE COMMONWEALTH OF VIRGINIA AS A MEMBER OF THE VIRGINIA HOUSE OF DELEGATES AND SENATE WHEREAS, Malfourd W. “Bo” Trumbo served in the Virginia House of Delegates from 1990 until 1992, was elected to the Virginia Senate in 1992, and represents the May 13, 2003 403 nd 22 Senate District which includes the Counties of Roanoke and Botetourt, Cities of Salem and Radford and portions of the County of Montgomery; and WHEREAS, Senator Trumbo has served his constituents on many Senate committees including Courts of Justice, Finance, Rehabilitation and Social Services, Transportation, and as Chair of the Rules Committee; and WHEREAS, Senator Trumbo has also been active in his community serving on many organizations such as the Botetourt County Bar Association, Botetourt County Heart Association, Bath County Education Association, and Botetourt County Chamber of Commerce; and WHEREAS, Senator Trumbo, through his tenure in the House and Senate, has always been willing to provide assistance to the County, and was instrumental in the formation of Pulaski Park, a regional industrial development park, and in securing legislation that would allow Roanoke County to obtain an ownership interest in Explore Park; and WHEREAS, the County is very appreciative of Senator Trumbo’s support through the years and wishes to recognize his invaluable service to the citizens of Roanoke County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of MALFOURD W. TRUMBO Roanoke County, Virginia, expresses its appreciation to for his many years of service to the residents of Roanoke County as a member of the Virginia House of Delegates and Senate, and as an active citizen in the Roanoke Valley community; and FURTHER, the Board expresses its best wishes to Senator Trumbo for success in all of his future endeavors. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora 2. Resolution of appreciation to the Honorable A. Victor Thomas for his service to the residents of Roanoke County and the Commonwealth of Virginia as a member of the Virginia House of Delegates This item was presented following Item C-3 R-051303-2 May 13, 2003 404 Chairman McNamara presented the resolution and a brass paperweight to Delegate Thomas. The Board members expressed their appreciation to Delegate Thomas for his years of service. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora RESOLUTION 051303-2 OF APPRECIATION TO THE HONORABLE A. VICTOR THOMAS FOR HIS SERVICE TO THE RESIDENTS OF ROANOKE COUNTY AND THE COMMONWEALTH OF VIRGINIA AS A MEMBER OF THE VIRGINIA HOUSE OF DELEGATES WHEREAS, A. Victor “Vic” Thomas was elected to the House of Delegates in th 1974 and represents the 17 House District which includes portions of the Counties of Roanoke and Botetourt, and the City of Roanoke; and WHEREAS, Delegate Thomas has served his constituents on many House committees including Agriculture Chesapeake and Natural Resources, Appropriations and Rules; and WHEREAS, Delegate Thomas has been active in his community serving on the Chamber of Commerce, Civitan Club, American Legion and Woodmen of the World; and WHEREAS, Delegate Thomas has been a supporter of the County’s legislative initiatives which include adoption of the Roanoke County Charter and formation of the Roanoke Regional Airport Commission; and WHEREAS, Delegate Thomas has also been actively involved in many of the highway projects that affect the Roanoke Valley; and WHEREAS, the County is very appreciative of Delegate Thomas’ support through the years and wishes to recognize his service to the citizens of Roanoke County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of A. VICTOR THOMAS Roanoke County, Virginia, expresses its appreciation to for his many years of service to the residents of Roanoke County as a member of the Virginia House of Delegates and as an active citizen in the Roanoke Valley community; and May 13, 2003 405 FURTHER, the Board expresses its best wishes to Delegate Thomas for success in all of his future endeavors. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora 3. Resolution of appreciation to the Honorable Clifton A. Woodrum for his service to the residents of Roanoke County and the Commonwealth of Virginia as a member of the Virginia House of Delegates R-051303-1 The resolution was read by the Clerk and Chairman McNamara accepted the resolution on behalf of Delegate Woodrum who was unable to attend. Chairman McNamara and Mr. Hodge will deliver the resolution and a brass paperweight to Delegate Woodrum. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora RESOLUTION 051303-1 OF APPRECIATION TO THE HONORABLE CLIFTON A. WOODRUM FOR HIS SERVICE TO THE RESIDENTS OF ROANOKE COUNTY AND THE COMMONWEALTH OF VIRGINIA AS A MEMBER OF THE VIRGINIA HOUSE OF DELEGATES May 13, 2003 406 WHEREAS, Clifton A. “Chip” Woodrum was elected to the House of Delegates in th 1980 and represents the 11 House District which includes portions of the County of Roanoke and the City of Roanoke; and WHEREAS, Delegate Woodrum has served his constituents on many House committees including Commerce and Labor, General Laws, and Privileges and Elections; and WHEREAS, Delegate Woodrum has been active in his community serving on the Legal Aid Society of Roanoke Valley, Roanoke College Community Advisory Committee, Roanoke Regional Chamber of Commerce; State Crime Commission, State Water Commission, Commission on Family Violence Prevention, Freedom of Information Advisory Council, and Legislative Transition Task Force-Electric Utility Deregulation; and WHEREAS, in addition to the numerous projects that he has supported for all of the localities in his district, Delegate Woodrum was instrumental in securing legislation which allowed for adoption of the Roanoke County Charter; and WHERAS, Delegate Woodrum has been a strong supporter of schools and was instrumental in the establishment of the Roanoke Regional Airport Commission; and WHEREAS, the County is very appreciative of Delegate Woodrum’s support through the years and wishes to recognize his service to the citizens of Roanoke County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of CLIFTON A. WOODRUM Roanoke County, Virginia, expresses its appreciation to for his many years of service to the residents of Roanoke County as a member of the Virginia House of Delegates, and as an active citizen in the Roanoke Valley community; and FURTHER, the Board expresses its best wishes to Delegate Woodrum for success in all of his future endeavors. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora 4. Certificate of recognition to Jan McLeod for being named Administrator of the Year by the Virginia Association of Vocational Education for Special Needs Personnel Chairman McNamara presented the certificate of recognition to Jan McLeod. Also present was Dr. Lorraine Lange, Assistant Superintendent of Schools. May 13, 2003 407 5. Proclamation declaring May 11 – 17, 2003 as Business Appreciation Week in Roanoke County Chairman McNamara presented the proclamation to Doug Chittum, Director of Economic Development. Also present were Will Davis, Director of Economic Development, American Electric Power Company; Don Robb, Vice-President/Division Director, RR Donnelly; and Melinda Cox, Existing Business Program Manager. Chairman McNamara challenged the County to evaluate the possibility of eliminating the Business, Professional and Occupational License (BPOL) tax on the first $100,000 in business revenues by 2004. Mr. Chittum recognized the following County businesses which recently received awards from the New Century Technology Council: Leon Harris, President of Keltech – High Tech Leadership award; and RR Donnelly, High Tech Corporation of the Year award. He presented a framed photograph to Don Robb. The Board members and Mr. Hodge expressed their appreciation to the businesses in Roanoke County. 6. Proclamation declaring May 18 – 24, 2003 as Emergency Medical Services Week in Roanoke County Chairman McNamara presented the proclamation to Rick Burch, Chief of Fire and Rescue; Adam Fleming, Volunteer Chief; Jim Short, Assistant Chief; and Dustin Campbell, EMS Captain. May 13, 2003 408 IN RE: NEW BUSINESS 1. Resolution adopting procedures for the implementation of the Public-Private Education Facilities and Infrastructure Act of 2002. (Paul Mahoney, County Attorney) R-051303-4 Mr. Mahoney reported that the 2002 session of the Virginia General Assembly adopted the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA). The Act was designed to allow creative opportunities for local governments to engage in public-private partnerships and to encourage innovative funding of public facility projects. One aspect of the legislation provides that prior to implementation of the provisions of this Act, local governing bodies must first adopt procedures for use in evaluating proposals and implementing the provisions set forth under the PPEA. Mr. Mahoney stated that the procedures he has submitted will guide the County if it considers proposals under the PPEA, and indicated that they were based upon the model procedures developed by the Division of Legislative Services and the procedures recently adopted by the Commonwealth of Virginia. Several elements that were highlighted include: (1) The procedures establish a two-part proposal submission process consisting of an initial conceptual phase and a detailed phase. (2) Due to the fact that proposals can be very complex and involve unique approaches to financing, the General Assembly included a provision that would enable localities to hire outside experts to assist in the process of reviewing May 13, 2003 409 proposals. The procedures include a proposal review fee that the County can charge to cover the costs of hiring outside professionals that may be required to evaluate a proposal. Unspent portions of the proposal review fee are refunded to the proposers. (3) The procedures establish an outline for the terms of the “comprehensive agreement” between the County and any selected proposers/operators. Supervisor Minnix stated that public-private enterprise will increase what the County is able to accomplish due to an infusion of funds that will enable the County to do things more quickly than otherwise would be possible. He indicated that he would embrace the opportunity to see how this would benefit Roanoke County, but also stressed caution in proceeding in this new direction. He requested that a work session be scheduled in the near future to evaluate the positive aspects of this process as well as the potential pitfalls. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora RESOLUTION 051303-4 ADOPTING PROCEDURES FOR THE IMPLEMENTATION OF THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 WHEREAS, the Board of Supervisors of Roanoke County has determined that it is in the best interest of the County to adopt procedures for the implementation of the May 13, 2003 410 Public-Private Education Facilities and Infrastructure Act of 2002 pursuant to the provisions of Section 56-575.16.4 of the 1950 Code of Virginia, as amended. NOW, THEREFORE, BE IT RESOLVED that Board of Supervisors of Roanoke County, Virginia, hereby adopts the following: On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora Public-Private Education Facilities and Infrastructure Act of 2002 County of Roanoke Procedures April 2003 Public-Private Education Facilities and Infrastructure Act of 2002 May 13, 2003 411 Roanoke County Procedures Table of Contents I.Introduction ...................................................................................................p. 1 II.General Provisions ........................................................................................p. 2 A.Proposal Submission................................................................................p. 2 B.Affected Jurisdictions..............................................................................p. 3 C.Proposal Review Fee...............................................................................p. 3 D.Virginia Freedom of Information Act ....................................................p. 4 E.Applicability of Other Laws....................................................................p. 5 III.Solicited Proposals ........................................................................................p. 5 IV.Unsolicited Proposals ...................................................................................p. 6 A.Decision to Accept and Consider Unsolicited Proposal; Notice..............p. 6 B.Initial Review by the Responsible Public Entity......................................p. 7 Review of Solicited and Unsolicited Proposals V..........................................p. 8 Proposal Preparation and Submission……. VI...............................................p. 8 Format for Submissions at the Conceptual Stage…................................p. 8 Format for Submissions at the Detailed Stage...................…...............p. 13 VI. Proposal Evaluation and Selection Criteria ..............................................p. 15 A.Qualifications and Experience...............................................................p. 15 B.Project Characteristics...........................................................................p. 15 C.Project Financing...................................................................................p. 16 D.Public Benefit and Compatibility..........................................................p. 16 Comprehensive Agreement VII..........................................................................p. 17 Appendix VIII.…………………………………………………………………..p. 20 May 13, 2003 412 I. Introduction The Public-Private Education Facilities and Infrastructure Act of 2002 (the “PPEA”) allows responsible public entities to create public-private partnerships for development of a wide range of projects for public use if the public entities determine there is a need for the project and that private involvement may provide the project to the public in a timely and cost-effective fashion. For purposes of the PPEA, the County of Roanoke, is a "responsible public entity" that “has the power to acquire, design, construct, improve, renovate, expand, equip, maintain, or operate the applicable qualifying project.” Individually negotiated comprehensive agreements between an operator and the County will define the respective rights and obligations of the parties. This document sets forth the procedures to guide the private partner(s) and the County in the application of PPEA. The approval of the Board of Supervisors of Roanoke County is required for the County to enter into a comprehensive agreement pursuant to the PPEA. In order for a project to be considered under the PPEA, it must meet the definition of a "qualifying project." The PPEA contains a broad definition of “qualifying project” that includes public buildings and facilities of all types; for example: (i)An education facility, including, but not limited to, a school building, any functionally-related and subordinate facility (a stadium, for example), land appurtenant to a school building, and any depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education; (ii)A building or facility for principal use by any public entity; (iii)Improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity; (iv)Utility, telecommunications and other communications infrastructure; or (v)A recreational facility; and (vi)Certain service contracts. The PPEA establishes requirements that the County shall adhere to when considering proposals received pursuant to the PPEA. The County Administrator may receive and consider proposals in strict accord with the procedures specified in this document. In addition, the PPEA specifies the criteria that must be used to select a proposal and the contents of the comprehensive agreement detailing the relationship between the County and the private entity. May 13, 2003 413 II. General Provisions A. Proposal Submission A proposal may be either solicited by the County or delivered by a private entity on an unsolicited basis. Proposers will be required to follow a two-part proposal submission process consisting of an initial conceptual phase (Part 1) and a detailed phase (Part 2). The initial phase of the proposal should contain specified information on proposer qualifications and experience, project characteristics, project financing, anticipated public support or opposition, or both, and project benefit and compatibility. The Part 2 detailed proposal must contain specified deliverables. The PPEA allows private entities to include innovative financing methods, such as the imposition of user fees or service payments, in a proposal. Such financing arrangements may include the issuance of debt instruments, equity or other securities or obligations, including, if applicable, the portion of the tax-exempt private activity bond limitation amount to be allocated annually to the Commonwealth of Virginia pursuant to the federal Economic Growth and Tax Relief Reconciliation Act of 2001 for the development of education facilities using public- private partnerships, and to provide for carryovers of any unused limitation amount. Proposals should be prepared simply and economically, providing a concise description of the proposer's capabilities to complete the proposed qualifying project and the benefits to be derived from the project by the public. Project benefits to be considered are those occurring during the construction, renovation, expansion or improvement phase and during the life cycle of the project. Proposals also should include a comprehensive scope of work and a financial plan for the project, which contains enough detail to allow an analysis by the County of the financial feasibility of the proposed project. For specific applications, the County may request, in writing, clarification to the submission. The PPEA is intended to encourage proposals from the private sector that offer the provision of private financing in support of the proposed public project and the assumption of commensurate risk by the private operator, but also benefits to the operator through innovative approaches to project financing, development and use. However, while substantial private sector involvement is encouraged, qualifying facilities will still be devoted primarily to public use and typically involve facilities critical to the public health, safety and welfare. Accordingly, the County shall continue to exercise full and proper due diligence in the evaluation and selection of operators for these projects. In this regard, the qualifications, capabilities, resources and other attributes of a prospective operator and its whole team should be carefully examined for every project. In addition, operators proposing projects shall be held strictly accountable for representations or other information provided regarding their qualifications, experience or other contents of their proposals, including all specific aspects of proposed plans to be performed by the operator. May 13, 2003 414 B. Affected Local Jurisdictions Any private entity requesting approval from, or submitting a conceptual or detailed proposal to, the County must provide other affected units of local government with a copy of the private entity's request or proposal by certified mail, express delivery or hand delivery, after the County determines whether to accept such proposal. Affected local jurisdictions shall have 60 days from the receipt of the request or proposal to submit written comments to the County at either or both the conceptual and detailed phases. Comments received within the 60-day period shall be considered in evaluating the request or proposal, however no negative inference shall be drawn from the absence of comment by an affected local jurisdiction. C. Proposal Review Fee No fee will be charged by the County to process, review or evaluate any solicited proposal submitted under the PPEA, other than what are considered reasonable and incidental permit, utility, and related fees during the construction stage of the project. The County may seek the advice of County staff or outside advisors or consultants with relevant experience in determining whether to enter into an agreement with the private entity. The County shall charge a fee of one-half of one percent (0.5%), not to exceed $50,000, of the estimated present value cost to the County of the proposal, but not less than $5,000, to cover the costs of processing, reviewing, and evaluating any unsolicited, Part 1 proposal or competing unsolicited Part 1 proposal submitted under the PPEA, including a fee to cover the costs of outside attorneys, consultants and financial advisors. This fee shall not be greater than the direct costs associated with evaluating the proposed qualifying project. “Direct costs” include (i) the cost of staff time required to process, evaluate, review, and respond to the proposal, and (ii) the out-of-pocket costs of attorneys, consultants, and financial advisors. For purposes of initial processing of the proposal, the County shall accept the $5,000 minimum fee with the balance due and payable prior to the proposals proceeding beyond the initial review stage. Such sums shall be paid with certified funds, and shall be deposited with the Treasurer of Roanoke County in a special fund known as the PPEA Fund. The fund shall be established for such purpose, and deposits to the fund shall be apportioned to defray the direct cost of proposal review(s). ? If the cost of reviewing the proposal is less than the established proposal fee, the County may refund to the proposer the excess fee. ? If during the initial review the County decides not to proceed to publication and conceptual-phase review of an unsolicited proposal, the proposal fee, less any direct (itemized) costs of the initial review, shall be refunded to the private entity. May 13, 2003 415 ? If the County chooses to proceed with evaluation of proposal(s) under the PPEA, it shall not do so until the entire, non-refundable proposal fee has been paid to the County in full. D. Freedom of Information Act Generally, proposal documents submitted by private entities are subject to the Virginia Freedom of Information Act (“FOIA”). In accordance with § 2.2-3705 A 56 of the Code, such documents may be released if requested, except to the extent that they relate to (i) confidential proprietary information submitted to the County under a promise of confidentiality or (ii) memoranda, working papers or other records related to proposals if making public such records would adversely affect the financial interest of the Commonwealth or the private entity or the bargaining position of either party. Subsection 56-575.4 G of the PPEA imposes an obligation on the County to protect confidential proprietary information submitted by a private entity or operator. When the private entity requests that the County not disclose information, the private entity must (i) invoke the exclusion when the data or materials are submitted to the County or before such submission, (ii) identify the data and materials for which protection from disclosure is sought, and (iii) state why the exclusion from disclosure is necessary. A private entity may request and receive a determination from the County as to the anticipated scope of protection prior to submitting the proposal. The County is authorized and obligated to protect only confidential proprietary information, and thus will not protect any portion of a proposal from disclosure if the entire proposal has been designated confidential by the proposer without reasonably differentiating between the proprietary and non-proprietary information contained therein. Upon receipt of a request that designated portions of a proposal be protected from disclosure as confidential and proprietary, the County shall determine whether such protection is appropriate under applicable law and, if appropriate, the scope of such appropriate protection, and shall communicate its determination to the proposer. If the determination regarding protection or the scope thereof differs from the proposer's request, then the County will accord the proposer a reasonable opportunity to clarify and justify its request. Upon a final determination by the County to accord less protection than requested by the proposer, the proposer will be accorded an opportunity to withdraw its proposal. A proposal so withdrawn should be treated in the same manner as a proposal not accepted for publication and conceptual- phase consideration as provided in section IV.A.2 below. E. Applicability of Other Laws The applicability of the Virginia Public Procurement Act (the "VPPA") is as set forth in the PPEA. In soliciting or entertaining proposals under the PPEA, the County shall also comply with all applicable federal laws and applicable state and local laws not in conflict with the May 13, 2003 416 PPEA. Likewise, in submitting proposals and in developing, executing or operating facilities under the PPEA, operators shall comply will all applicable federal laws and applicable state and local laws. Such laws may include, but not necessarily be limited to, contractual obligations which require Workers Compensation insurance coverage, performance bonds or payment bonds from approved sureties, compliance with the Virginia Prompt Payment Act, compliance with the Ethics in Public Contracting Act and compliance with environmental laws, workplace safety laws, and state or local laws governing contractor or trade licensing, building codes and building permit requirements. Expenditure of County funds in support of a comprehensive agreement requires an appropriation in the County budget or other appropriation(s). The PPEA process should not be used to create County-supported debt. Comprehensive agreements involving any form of County-supported debt, require specific, project-level approval by the Board of Supervisors. III. Solicited Proposals With the written authorization of the County Administrator a Request for Proposals (RFPs) on an invitation for competitive sealed bids may be issued, inviting proposals from private entities to acquire, construct, improve, renovate, expand, maintain or operate qualifying projects or to design or equip projects so constructed, improved renovated, expanded, maintained or operated. The County shall use a two-part proposal process consisting of an initial conceptual phase (Part 1) and a detailed phase (Part 2). The RFP shall invite proposers to submit proposals on individual projects identified by the County. In such a case the County shall set forth in the RFP the format and supporting information that is required to be submitted, consistent with the provisions of the PPEA. The RFP should specify, but not necessarily be limited to, information and documents that must accompany each proposal and the factors that will be used in evaluating the submitted proposals. The RFP shall be posted on the County’s electronic procurement website. Notices shall also be published in the Roanoke Times and World News, a newspaper of general circulation. Pre-proposal conferences may be held as deemed appropriate by the County. Any proposal submitted pursuant to the PPEA that is not received in response to a RFP or invitation for sealed bids shall be an Unsolicited Proposal under these procedures, including but not limited to (a) proposals received in response to a notice of the prior receipt of another Unsolicited Proposal, and (b) proposals received in response to publicity by the County concerning particular needs when the County has not issued RFP or invitation for sealed bids, even if the County has encouraged the submission of proposals. IV. Unsolicited Proposals May 13, 2003 417 The PPEA permits the County to receive, evaluate and select for negotiations unsolicited proposals from private entities to acquire, construct, improve, renovate, expand, maintain, or operate a qualifying project or to design or equip projects so constructed, improved, renovated, expanded, maintained or operated. From time to time the County may publicize its needs and may encourage interested parties to submit proposals subject to the terms and conditions of the PPEA. When such proposals are received without issuance of an RFP, the proposal shall be treated as an unsolicited proposal. Unsolicited proposals should be submitted to the County Administrator by delivering six complete copies, together with the required review fee. A working group may be designated by the County Administrator to review and evaluate all unsolicited proposals. A. Decision to Accept and Consider Unsolicited Proposal; Notice 1. The County reserves the right to reject any and all proposals at any time. 2. Upon receipt of any unsolicited proposal, or group of proposals, and payment of the required fee by the proposer or proposers, the County should determine whether to accept the unsolicited proposal for publication and conceptual-phase consideration. If the County determines not to accept the proposal, it shall return the proposal, together with all fees and accompanying documentation, to the proposer. 3. a. If the County chooses to accept an unsolicited proposal for conceptual-phase consideration, it shall post a notice on the County’s electronic procurement website, and in such other public area(s) as may be regularly used for posting of public notices, for a period of not less than 45 days. The County shall also publish, at least once, the same notice in the Roanoke Times and World News, a newspaper of general circulation in the County, providing notice of pending or potential action in not less than 45 days. The County may provide for more than 45 days in situations where the scope or complexity of the original proposal warrants additional time for potential competitors to prepare proposals. b. The notice shall state that the County (i) has received and accepted an unsolicited proposal under the PPEA, (ii) intends to evaluate the proposal, (iii) may negotiate a comprehensive agreement with the proposer based on the proposal, and (iv) will accept for simultaneous consideration any competing proposals that comply with the procedures adopted by the County and the provisions of the PPEA. The notice will summarize the proposed qualifying project or projects, and identify their proposed locations. Copies of unsolicited proposals shall be available upon request, subject to the provisions of FOIA and § 56-575.4 G of the PPEA. May 13, 2003 418 c. Prior to posting of the notices provided for in this subsection the County shall receive from the private partner or partners the balance due, if any, of the required project proposal review fee. B. Initial Review by the County at the Conceptual Stage (Part 1) After reviewing the original proposal, and any competing proposals submitted during the notice period, the County Administrator may recommend to the Board of Supervisors: (i)not to proceed further with any proposal, (ii)to proceed to the detailed (Part 2) phase of review with the original proposal, (iii)to proceed to the detailed (Part 2) phase with a competing proposal, or (iv) to proceed to the detailed (Part 2) phase with multiple proposals. In the event that more than one proposal will be considered in the detailed (Part 2) phase of review, the County Administrator shall determine whether the unsuccessful private entity, or entities, shall be reimbursed, in whole or in part, for costs incurred in the detailed phase of review. In such case reasonable costs may be assessed to the successful proposer as part of any ensuing comprehensive agreement. V.Review of Solicited and Unsolicited Proposals 1. Only proposals complying with the requirements of the PPEA that contain sufficient information for a meaningful evaluation and that are provided in an appropriate format will be considered by the County for further review at the conceptual stage. Formatting suggestions for proposals at the conceptual stage are found at Section V A. 2. The Board of Supervisors will determine at the initial review stage whether it will proceed using: a.Standard procurement procedures consistent with the VPPA; or b.Procedures developed that are consistent with procurement of other than professional services through "competitive negotiation" as the term is defined in § 2.2-4301 of the Code of Virginia (competitive negotiation). The Board of Supervisors may proceed using such procedures only if it makes a written determination that doing so is likely to be advantageous to the County and the public based upon either (i) the probable scope, complexity or urgency of need, or May 13, 2003 419 (ii) the risk sharing, added value, increase in funding or economic benefit from the project would otherwise not be available. When the County elects to use competitive negotiations, its written determination should consider factors such as risk sharing, added value and/or economic benefits from the project that would not be available without competitive negotiation. In addition, the written determination should explain how the scope, complexity, and/or urgency of the project are such that competitive negotiation is determined necessary. VI. Proposal Preparation and Submission A. Format for Submissions at Conceptual Stage (Part 1) The County requires that proposals at the conceptual stage contain information in the following areas: (i) qualifications and experience, (ii) project characteristics, (iii) project financing, (iv) anticipated public support or opposition, or both, (v) project benefit and compatibility and (vi) such additional information as may seem prudent which is not inconsistent with the requirements of the PPEA. Suggestions for formatting information to be included in proposals at the Conceptual Stage include: 1. Qualification and Experience a.Identify the legal structure of the firm or consortium of firms making the proposal. Identify the organizational structure for the project, the management approach and how each partner and major subcontractor ($100,000 or more) in the structure fits into the overall team. All members of the operator/offeror’s team, including major subcontractors known to the proposer must be identified at the time a proposal is submitted for the Conceptual Stage. Identified team members, including major subcontractors (over $500,000), may not be substituted or replaced once a project is approved and comprehensive agreement entered into, without the written approval of the County. Include the status of the Virginia license of each partner, proposer, contractor, and major subcontractor. b.Describe the experience of the firm or consortium of firms making the proposal and the key principals involved in the proposed project including experience with projects of comparable size and complexity. Describe the length of time in business, business experience, public sector experience and other engagements of the firm or consortium of firms. Describe the past safety performance record and current safety capabilities of the firm or consortium of firms. Describe the past technical performance history on recent projects of comparable size and May 13, 2003 420 complexity, including disclosure of any legal claims, of the firm or consortium of firms. Include the identity of any firms that will provide design, construction and completion guarantees and warranties and a description of such guarantees and warranties. c.For each firm or major subcontractor ($100,000 or more) that will be utilized in the project, provide a statement listing all of the firm’s prior projects and clients for the past 3 years and contact information for same (names/addresses /telephone numbers). If a firm has worked on more than ten (10) projects during this period, it may limit its prior project list to ten (10), but shall first include all projects similar in scope and size to the proposed project and, second, it shall include as many of its most recent projects as possible. Each firm or major subcontractor shall be required to submit all performance evaluation reports or other documents which are in its possession evaluating the firm’s performance during the preceding three years in terms of cost, quality, schedule maintenance, safety and other matters relevant to the successful project development, operation, and completion. d.Provide the names, addresses, and telephone numbers of persons within the firm or consortium of firms who may be contacted for further information. e.Provide a current or most recently audited financial statement of the firm or firms and each partner with an equity interest of twenty percent or greater. f.Identify any persons known to the proposer who would be obligated to disqualify themselves from participation in any transaction arising from or in connection to the project pursuant to The Virginia State and Local Government Conflict of Interest Act, Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2. g.Identify proposed plan for obtaining sufficient numbers of qualified workers in all trades or crafts required for the project. h.Provide information on any training programs, including but not limited to apprenticeship programs registered with the U.S. Department of Labor or a State Apprenticeship Council, in place for employees of the firm and employees of any member of a consortium of firms. i.Provide information on the level of commitment by the firm or consortium of firms to use Department of Minority Business Enterprise firms in developing and implementing the project. May 13, 2003 421 j.For each firm or major subcontractor that will perform construction and/or design activities, provide the following information: (1) A sworn certification by an authorized representative of the firm attesting to the fact that the firm is not currently debarred or suspended by any federal, state or local government entity. (2) A completed qualification statement that reviews all relevant information regarding technical qualifications and capabilities, firm resources and business integrity of the firm, including but not limited to, bonding capacities, insurance coverage and firm equipment. This statement shall also include a mandatory disclosure by the firm for the past three years any of the following conduct: (A) bankruptcy filings (B) liquidated damages (C) fines, assessments or penalties (D) judgments or awards in contract disputes (E) contract defaults, contract terminations (F) license revocations, suspensions, other disciplinary actions (G) prior debarments or suspensions by a governmental entity (H) denials of prequalification, findings of non-responsibility (I) safety past performance data, including fatality incidents, “Experience Modification Rating,” “Total Recordable Injury Rate” and “Total Lost Workday Incidence Rate” (J) violations of any federal, state or local criminal or civil law (K) criminal indictments or investigations (L)legal claims filed by or against the firm k. Worker Safety Programs: Describe worker safety training programs, job-site safety programs, accident prevention programs, written safety and health plans, including incident investigation and reporting procedures. 2. Project Characteristics a.Provide a description of the project, including the conceptual design. Describe the proposed project in sufficient detail so that type and intent of the project, the location, and the communities that may be affected are clearly identified. b.Identify and fully describe any work to be performed by the public entity. c.Include a list of all federal, state and local permits and approvals required for the project and a schedule for obtaining such permits and approvals. May 13, 2003 422 d.Identify any anticipated adverse social, economic and environmental impacts of the project. Specify the strategies or actions to mitigate known impacts of the project. Indicate if an environmental and archaeological assessment have been completed. e.Identify the projected positive social, economic and environmental impacts of the project. f.Identify the proposed schedule for the work on the project, including the estimated time for completion. g.Identify contingency plans for addressing public needs in the event that all or some of the project is not completed according to projected schedule. h.Propose allocation of risk and liability for work completed beyond the agreement's completion date, and assurances for timely completion of the project. i.State assumptions related to ownership, legal liability, law enforcement and operation of the project and the existence of any restrictions on the County’s use of the project. j.Provide information relative to phased or partial openings of the proposed project prior to completion of the entire work. 3. Project Financing a.Provide a preliminary estimate and estimating methodology of the cost of the work by phase, segment, or both. b.Submit a plan for the development, financing and operation of the project showing the anticipated schedule on which funds will be required. Describe the anticipated costs of and proposed sources and uses for such funds. Include any supporting due diligence studies, analyses or reports. c.Include a list and discussion of assumptions underlying all major elements of the plan. d.Identify the proposed risk factors and methods for dealing with these factors. May 13, 2003 423 e.Identify any local, state or federal resources that the proposer contemplates requesting for the project. Describe the total commitment, if any, expected from governmental sources and the timing of any anticipated commitment. 4. Project Benefit and Compatibility a.Identify community benefits, including the economic impact the project will have on the County and local community in terms of amount of tax revenue to be generated for the Commonwealth and the County, the number jobs generated for Virginia residents and level of pay and fringe benefits of such jobs, the training opportunities for apprenticeships and other training programs generated by the project and the number and value of subcontracts generated for Virginia subcontractors. b.Identify any anticipated public support or opposition, as well as any anticipated government support or opposition, for the project; c.Explain the strategy and plan that will be carried out to involve and inform the general public, business community, local governments, and governmental agencies in areas affected by the project; d.Describe the compatibility of the project with local, regional, and state economic development efforts. e.Describe the compatibility with the County’s comprehensive plan, zoning ordinances, local infrastructure development plans, capital improvements budget and annual budget. B. Format for Submissions at Detailed Stage (Part 2) If the County decides to proceed to the detailed phase of review with one or more proposals, the following information, where applicable, shall be provided by the private entity unless a waiver of the requirement or requirements is agreed to by the County: 1.A topographical map (1:2,000 or other appropriate scale) depicting the location of the proposed project; 2.Conceptual site plan indicating proposed location and configuration of the project on the proposed site; 3.Conceptual (single line) plans and elevations depicting the general scope, appearance and configuration of the proposed project; May 13, 2003 424 4.Detailed description of the proposed participation, use and financial involvement of the County in the project; 5.A list of public utility facilities, if any, that will be crossed by the qualifying project and a statement of the plans of the proposer to accommodate such crossings; 6.A statement and strategy setting out the plans for securing all necessary property. The statement must include the names and addresses, if known, of the current owners of the subject property as well as a list of any property the proposer intends to request the County to condemn; 7.A detailed listing of all firms that will provide specific design, construction and completion guarantees and warranties, and a brief description of such guarantees and warranties; 8.A total life-cycle cost specifying methodology and assumptions of the project or projects and the proposed project start date. Include anticipated commitment of all parties; equity, debt, and other financing mechanisms; and a schedule of project revenues and project costs. The life-cycle cost analysis should include, but not be limited to, a detailed analysis of the projected return, rate of return, or both, expected useful life of facility and estimated annual operating expenses. 9.A detailed discussion of assumptions about user fees or rates, and usage of the projects. 10.Identification of any known government support or opposition, or general public support or opposition for the project. Government or public support should be demonstrated through resolution of official bodies, minutes of meetings, letters, or other official communications. 11.Demonstration of consistency with the comprehensive or infrastructure development plans or indication of the steps required for acceptance into such plans. 12.Explanation of how the proposed project would impact local development plans of each affected local jurisdiction. 13.Description of an ongoing performance evaluation system or database to track key performance criteria, including but not limited to, schedule, cash management, quality, worker safety, change orders, and legal compliance. 14.Identification of any known conflicts of interest or other disabilities that may impact the County's consideration of the proposal, including the identification of any persons May 13, 2003 425 known to the proposer who would be obligated to disqualify themselves from participation in any transaction arising from or in connection to the project pursuant to The Virginia State and Local Government Conflict of Interest Act, Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2. 15.Detailed analysis of the financial feasibility of the proposed project, including its impact on similar facilities operated or planned by the County. Include a detailed description of any financing plan for the project, a comparison of that plan with financing alternatives available to the County, and all underlying data supporting any conclusions reached in the analysis of the selection by the private entity of the financing plan proposed for the project; 16.Additional material and information as the County may reasonably request. VI. Proposal Evaluation and Selection Criteria Some or all of the following items may be considered in the evaluation and selection of PPEA proposals. In selecting proposals, all relevant information from both the Conceptual Stage and the Detailed Stage should be considered. The County reserves the right at all times to reject any proposal at anytime for any reason. A. Qualifications and Experience Factors to be considered in either phase of an agency or institution’s review to determine whether the proposer possesses the requisite qualifications and experience may include, but are not necessarily limited to: 1.Experience, training and preparation with similar projects; 2.Demonstration of ability to perform work; 3.Demonstrated record of successful past performance, including timeliness of project delivery, compliance with plans and specifications, quality of workmanship, cost-control and project safety; 4.Demonstrated conformance with applicable laws, codes, standards, regulations, and agreements on past projects; May 13, 2003 426 5.Leadership structure; 6.Project manager's experience; 7.Management approach; 8.Project staffing plans, the skill levels of the proposed workforce, apprenticeship and other training programs offered for the project, and the proposed safety plans for the project; 9.Financial condition; and 10.Project ownership. B. Project Characteristics Factors to be considered in determining the project characteristics may include, but are not limited to: 1.Project definition; 2.Proposed project schedule; 3.Operation of the project; 4.Technology, technical feasibility; 5.Conformity to laws, regulations, and standards; 6.Environmental impacts; 7.Condemnation impacts; 8.State and local permits; and 9.Maintenance of the project. C. Project Financing Factors to be considered in determining whether the proposed project financing May 13, 2003 427 allows adequate access to the necessary capital to finance the project may include, but are not limited to: 1.Cost and cost benefit to the County; 2.Financing and the impact on the debt or debt burden of the County; 3.Financial plan, including overall feasibility and reliability of plan; operator’s past performance with similar plans and similar projects; degree to which operator has conducted due diligence investigation and analysis of proposed financial plan and results of any such inquiries or studies. 4.Estimated cost; and 5.Life-cycle cost analysis; and 6.Identity of any third party that will provide financing for the project and the nature and time of its commitment. D. Project Benefit and Compatibility Factors to be considered in determining the proposed project's compatibility with the County’s comprehensive or development plans and zoning ordinance include: 1.Community benefits, including the economic impact the project will have on the County and local community in terms of amount of tax revenue to be generated for the Commonwealth and the County, the number jobs generated for Virginia residents and level of pay and fringe benefits of such jobs, the training opportunities for apprenticeships and other training programs generated by the project and the number and value of subcontracts generated for Virginia subcontractors. 2.Community support or opposition, or both; 3.Public involvement strategy; 4.Compatibility with existing and planned facilities; and 5.Compatibility with local, regional, and state economic development efforts. May 13, 2003 428 VII. Comprehensive Agreement The Board of Supervisors shall approve any comprehensive agreement entered into pursuant to the PPEA between the County and a private provider. The County shall accept no liability for acquiring, designing, constructing, improving, renovating, expanding, equipping, maintaining, or operating the qualifying project prior to entering into a properly executed comprehensive agreement. Each comprehensive agreement shall define the rights and obligations of the responsible public entity and the selected proposer with regard to the project. The terms of the comprehensive agreement shall include but not be limited to: 1.The delivery of maintenance, performance and payment bonds or letters of credit in connection with any acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project; 2.The review of plans and specifications for the qualifying project by the County; 3.The rights of the County to inspect the qualifying project to ensure compliance with the comprehensive agreement; 4.The maintenance of a policy or policies of liability insurance or self-insurance reasonably sufficient to insure coverage of the project and the tort liability to the public and employees and to enable the continued operation of the qualifying project; 5.The monitoring of the practices of the operator by the County to ensure proper maintenance; 6.The terms under which the operator will reimburse the County for services provided; 7.The policy and procedures that will govern the rights and responsibilities of the County and the operator in the event that the comprehensive agreement is terminated or there is a material default by the operator including the conditions governing assumption of the duties and responsibilities of the operator by the County and the transfer or purchase of property or other interests of the operator by the County; 8.The terms under which the operator will file appropriate financial statements on a periodic basis; 9.The mechanism by which user fees, lease payments, or service payments, if any, may be established from time to time upon agreement of the parties. Any payments or fees shall be set at a level that is the same for persons using the facility under like conditions and that will not materially discourage use for the qualifying project; May 13, 2003 429 a.A copy of any service contract shall be filed with the County. b.A schedule of the current user fees or lease payments shall be made available by the operator to any member of the public upon request. c.Classifications according to reasonable categories for assessment of user fees may be made. 10.The terms and conditions under which the County may contribute financial resources, if any, for the qualifying project; 11.A periodic reporting procedure that incorporates a description of the impact of the project on the Commonwealth and the County; and 12.Such other terms as the County may find necessary and convenient, that are agreed to by the private partner(s). Any changes in the terms of the comprehensive agreement as may be agreed upon by the parties from time to time shall be added to the comprehensive agreement only by written amendment. Parties submitting proposals understand that representations, information and data supplied in support of, or in connection with proposals plays a critical role in the competitive evaluation process and in the ultimate selection of a proposal by the Commonwealth. Accordingly, as part of the Comprehensive Agreement, the prospective operator and its team members shall certify that all material representations, information and data provided in support of, or in connection with, a proposal is true and correct. Such certifications shall be made by authorized individuals who have knowledge of the information provided in the proposal. In the event that material changes occur with respect to any representations, information or data provided for a proposal, the prospective operator shall immediately notify the County of same. Any violation of this section of the Comprehensive Agreement shall give the County the right to terminate the Agreement, withhold payment or other consideration due, and seek any other remedy available under the law. May 13, 2003 430 2. Request for authorization and appropriation of funds for renovations to the Read Mountain Fire Station. (Richard Burch, Fire and Rescue Chief) A-051303-5 Chief Burch reported that the Read Mountain Station was created as a joint venture between Roanoke County and Botetourt County in 1991. In 1992, the first responder/EMS program was added and in 1997, the station assumed full EMS responsibilities as a transport agency. The station currently has two ambulances in addition to the fire truck fleet and a first responder vehicle. While this is good news, Chief Burch indicated that it has led to a need for expansion of the bay area. Following the direction of the Board at the December 2, 2002 meeting, staff proceeded with the bid process and is now ready to move forward with the project. Chief Burch displayed a rendering of the proposed renovations. Chief Adam Fleming thanked the Board for working with the volunteers on this project. He stated that while the fleet has expanded over the years, the building has not. He noted that the number of members has grown from 20 to 60, and calls have increased from 200 to over 1,300 per year. He stated that the station has experienced great success in many areas including community involvement and governmental cooperation. He stated that he is presenting funds to the County for use in the station renovation which have been acquired from both community and business May 13, 2003 431 donors. Some of the major business contributors included Wal-Mart, Fralin & Waldron, American Electric Power Company (AEP), and Dynax. Supervisor McNamara stated that the Board should be thanking the volunteers for their work in doing such an outstanding job of running the station. Supervisor Minnix stated that the volunteers at this station have outstanding community relations and noted that due to their location in a high growth area, their work load will continue to increase. He stated it would be unwise for the County not to invest $187,400.40 to get a facility that costs $468,501. Supervisor McNamara moved to approve staff recommendation as follows: 1. Approve the total renovation project to include the following: (a) Construction and associated site work (bid) $440,701 Project Contingency (5% of construction) $ 22,000 Material Testing Services $ 4,000 Telephones (equipment/wiring-install) $ 1,050 PA System $ 750 Total Project $468,501 (b) Acceptance and appropriation of $281,100.60 from Read Mountain Volunteer Fire and Rescue to cover 60% of the cost to renovate the Read Mountain Fire and Rescue Station. (c) Appropriation of Roanoke County funds in the amount of $187,400.40 from the Fire and Rescue Capital Account to cover 40% of the total renovation project. (d) Awarding of the bid to Payne Constructions Co., Inc. for a project total of $440,701.00 for the renovation of the Read Mt. Fire and Rescue Station Renovation Project. May 13, 2003 432 The motion carried by the following recorded vote: AYES: Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora Following approval of the project, Chief Fleming presented two checks to Rebecca Owens, Director of Finance, totaling $281,100.60 from the Read Mountain Volunteer Fire and Rescue which will cover 60% of the project’s costs. 3. Request to approve the Chief Local Elected Officials (CLEO) Charter Agreement for Workforce Investment Area III. (Joe Sgroi, Director of Human Resources) A-051303-6 Mr. Sgroi stated that in accordance with the Workforce Investment Act (WIA), the mayors of the cities of Covington, Roanoke, and Salem, and the Chairmen of the Board of Supervisors of the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke have agreed to continue to work together through a consortium to be called the Workforce Investment Area III Chief Local Elected Officials Consortium (CLEO). He noted that the action to approve a new Charter is an administrative mandate, and it replaces the original Charter agreement which is being brought into compliance with the WIA. Mr. Sgroi stated that Roanoke County will benefit from its relationship with Workforce Investment Area III in the following ways: (1) The workforce training program May 13, 2003 433 funds are provided by the federal government and the County has had a long-standing relationship through the Consortium with these federal programs. (2) The Workforce Investment Act of 1998 provides for streamlined and flexible job training, adult education, and literacy, and vocational rehabilitation. (3) Federally funded agencies are compelled under the Act to work together in a One Stop Center to provide services to customers. He indicated that the three funding streams from the federal government that the Western Virginia Workforce Development Board oversees are: (1) The Adult Program which assists with career counseling, job searches, educational opportunities and GED attainment. (2) The Dislocated Worker Program which provides job referral, career counseling and job re-training available at the Virginia Employment Commission (VEC). (3) Youth Programs which provide year round mentoring and summer programs for disadvantaged youth. Mr. Sgroi reported that these services are provided to Roanoke County residents at no cost because they are federally funded programs. Eligible County residents make use of the Virginia Employment Commission, Roanoke County Schools, and Virginia Western Community College, to name a few, under these federally-funded programs. Mr. Sgroi introduced Bruce Wood, Executive Director of the Workforce Development Board. Mr. Wood reported that workforce development is very important to economic development because the quality of an area’s workforce is one of three major factors businesses evaluate when selecting a site location. Various programs May 13, 2003 434 have been used to increase the quality of the workforce and in 1998, the government decided to include businesses in the process and the CLEO Board was created. The CLEO Board is responsible for ensuring that federal funds are spent to increase the quality of the workforce. By law, the CLEO Board must be comprised of 51% business representatives. Mr. Wood indicated that the action before the Board of Supervisors is an agreement which states that the County is willing, along with 7 other municipalities, to collectively work together to increase the strength of the workforce and develop a system which allows this to happen. There was no discussion on this matter. Supervisor McNamara moved to approve staff recommendation, approval of the CLEO Charter Agreement for the Workforce Investment Area III. The motion carried by the following recorded vote: AYES: Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora 4. Request for authorization to execute a performance agreement between the County of Roanoke, the Roanoke County Industrial Development Authority, and Fink’s Jewelers, Inc. (Doug Chittum, Director of Economic Development) A-051303-7 May 13, 2003 435 Mr. Chittum stated that the proposed site is located at the corner of Colonial Avenue and Route 419 and is an 11 acre tract across from Promenade Park. He indicated that for some time, the County has been concerned about how this major, undeveloped parcel of land would be developed. He stated that there are numerous challenges involved in developing the site such as the need for public infrastructure (water and sewer, road improvements), rock content, etc. He emphasized the County’s desire to see development on this parcel which would fit well with the adjacent school and reflect the other type of retail shops which have developed along Route 419. Fink’s Jewelers is a company which will provide the desired type of development. Mr. Chittum noted that the County was approached by Fink’s Jewelers and advised of their plans to relocate their corporate headquarters and retail operations from Downtown Roanoke to this site. The company has numerous operations with the bulk of their business being conducted in the Greensboro/Charlotte/Raleigh area. The company wanted to maintain their roots in the Roanoke area, and have requested Roanoke County’s assistance in overcoming some of the obstacles to development of this site. Mr. Chittum stated that the biggest problem is the extension of public water and sewer to the site. In addition, VDOT officials have indicated that improvements to the existing crossover on Route 419 will be required, as well as construction of acceleration and deceleration lanes. The cost for these infrastructure improvements is in excess of $250,000 and will benefit at least two to three additional commercial sites, depending on how the property is sub-divided. Since future developments will benefit May 13, 2003 436 from these infrastructure improvements, County staff has proposed a reimbursement whereby the new tax revenues generated by the facility will be reimbursed for two years to the company to offset the infrastructure costs. This proposal is acceptable to the company, and County staff anticipates that this project will serve as a catalyst for future development on the site. The proposed building will be 12,000 square feet, with approximately 9,000 square feet being retail space. Mr. Chittum indicated that Marc Fink, President and Chief Executive Officer of Fink’s Jewelers, Inc., was present at the meeting. Supervisor Altizer questioned whether the proposed utility upgrades would be sufficient to handle any potential future development. Mr. Chittum indicated that Fink’s engineers have met with the County’s Utility Department and they have been given the requirements sufficient to handle future development. Supervisor McNamara stated that he has been consistent in his view regarding economic incentives for retail development. The premise is based on the assumption that the County is forgoing revenues that will come in at a future date. He stated that this premise holds as long as there is an expanding revenue base; however, he feels that retail is a shifting of the revenue base and not an expansion of the revenue base. He stated that the revenue base expands due to expansion of domestic product sales in Roanoke, which is a function of price levels and population. He stated that in fiscal year 2002, there were only a handful of revenue categories which declined and retail sales was one of them. He stated that retail sales were declining but at the same May 13, 2003 437 time Business, Professional and Occupational License (BPOL) taxes were growing faster than the rate of inflation and faster than the overall rate of government. His opposition to this project is not an opposition of business. He indicated he is 100% supportive of business, but he does not support using County taxpayer dollars for the benefit of a few and he does not feel that this would result in substantially greater revenues. He stated he does not recall the Board approving a retail incentive during the past two years, and he feels that doing so is moving in the wrong direction. Supervisor Minnix reported that retail sales run in cycles and historically, retail sales have served the County well. In his estimation, the County cannot assume that because they have property in a nice location eventually someone will develop the property without any assistance from the local government. He stated that this reluctance to invest in development is one of the reasons the County has not prospered as well as the Triangle in Raleigh or Charlotte, North Carolina. In order to compete in today’s market, there must be incentives to encourage establishment of businesses. He stated that performance agreements make the use of incentives easier to justify, and this project is something that will help Roanoke County grow, will provide job opportunities, and will encourage growth for the future. Supervisor Altizer stated that he feels the County needs to examine the long-term aspect of the project which will result in a payback of $150,000 in two years. He stated that he views this as an investment for the future of Roanoke County and the groundwork laid today will determine the success of future revenues and the reduction May 13, 2003 438 in the pressure on real estate taxes. He stated that short-term thinking leads to no progress and he supports this proposal for these reasons. Supervisor Church stated that the County supports existing businesses, and that every decision made by the Board regarding business development has an adverse impact on someone. He voiced his support for this matter. Supervisor McNamara clarified that he is not against economic development incentives or competing for businesses. He was 100% supportive of the incentives for Integrity Windows, and he re-stated that his concern is strictly with incentives for retail development. Supervisor Minnix moved to approve staff recommendation authorizing the execution of a performance agreement between the County of Roanoke, the Roanoke County Industrial Development Authority, and Fink’s Jewelers, Inc. to be approved by the County Attorney. The motion carried by the following recorded vote: AYES: Supervisors Church, Minnix, Altizer NAYS: Supervisor McNamara ABSENT: Supervisor Flora IN RE: FIRST READING OF ORDINANCES 1. First reading of an ordinance appropriating the funds for the fiscal year 2003-2004 budget. (Brent Robertson, Budget Director) Mr. Robertson reported that the fiscal year 2003-04 budget was presented to the Board of Supervisors on April 22, 2003. A budget public hearing was held on May 13, 2003 439 April 22, 2003 to receive written and oral comment from the public concerning the proposed budget and fiscal year 2004-2008 Capital Improvements Program. He stated that the 2003-04 fiscal year budget appropriation ordinance is being presented for approval. Mr. Robertson stated that during a work session at the April 25, 2003 meeting, the Board reached consensus on the level of funding for the Social Service, Human Service, Cultural, and Other agencies for fiscal year 2003-2004, and a finalized listing of the contributions is included in the Board’s packet for review. The remaining funds of $7,940 have been allocated to the Board Contingency account. This allocation nd can be re-directed by consensus of the Board and approved at the 2 reading of the appropriation ordinance. Mr. Robertson noted that the total County budget is $294,603,167 which includes the Roanoke County School Board budget, all inter-fund and intra-fund transfers. The budget net of transfers is $215,116,953. Staff is recommending approval of the first reading of the 2003-04 fiscal year budget appropriation ordinance. Staff also recommends approval of the Classification Plan for fiscal year 2003-04 which includes 4 new positions in the Sheriff’s Office that are funded utilizing fee increases previously approved by the Board of Supervisors. The second reading and resolution adopting the budget is scheduled for May 27, 2003. There was no discussion on this matter. May 13, 2003 440 Supervisor McNamara moved to approve the first reading and set the second reading for May 27, 2003. The motion carried by the following recorded vote: AYES: Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora 2. First reading of an ordinance authorizing the vacation, quit-claim and release of an unused portion of a 20’ waterline easement and a portion of a 15’ sanitary sewer easement and to accept in exchange a relocated new variable width sanitary sewer easement across property owned by Lewis-Gibbs Corporation, Tax Map. No. 27.13-4-2, Hollins Magisterial District. (Arnold Covey, Director of Community Development) Mr. Covey stated that this request is part of the First Team Auto expansion. He stated that the site plans have been approved, and staff is ready to proceed with the relocation of easements in order to move forward with the project. The Department of Community Development and the Utility Department have both reviewed the submitted plans and approved them for construction. There was no discussion on this matter. Supervisor McNamara moved to approve the first reading and set the second reading for May 27, 2003. The motion carried by the following recorded vote: AYES: Supervisors Church, Minnix, Altizer, McNamara May 13, 2003 441 NAYS: None ABSENT: Supervisor Flora 3. First reading of an ordinance to vacate, quit-claim and release two certain portions of a 25’ public drainage easement crossing the property of James R. Walker of Roanoke, LLC and to accept in exchange a relocated new 25’ public drainage easement, Cave Spring Magisterial District. (Paul Mahoney, County Attorney) Mr. Mahoney reported that this is a real estate ordinance that would release a drainage easement that the Board accepted approximately 14 months ago and accept a new relocated drainage easement for this project. Mr. Mahoney stated that this is the Land Rover project on Buck Mountain Road and Route 220. He noted that there have been many changes as County staff has worked with Mr. Walker to complete all the necessary elements of the project. At the April 8 meeting, the Board authorized the execution of an agreement with the National Park Service and James Walker to handle drainage issues. Mr. Mahoney stated that these relocated drainage easements tie in with this agreement and are routine in nature. There was no discussion on this matter. Supervisor Minnix moved to approve the first reading and set the second reading for May 27, 2003. The motion carried by the following recorded vote: AYES: Supervisors Church, Minnix, Altizer, McNamara NAYS: None May 13, 2003 442 ABSENT: Supervisor Flora IN RE: SECOND READING OF ORDINANCES 1. Second reading of an ordinance declaring a parcel of real estate to be surplus and accepting an offer for the sale of same; namely, the Western Hills Well Lot, Tax Map No. 68.17-2-17, Windsor Hills Magisterial District. (Paul Mahoney, County Attorney) O-051303-8 Mr. Mahoney reported that the competitive process was successful in selling this surplus well lot in Windsor Hills. He noted that the Board discussed appraisal valuations in closed session and following this process, many inquiries and two very good offers were received. The successful offerors are Calvert L. Saunders and Patricia G. Saunders and they are offering the County $41,000 for the purchase of the well lot. Supervisor McNamara questioned whether the original offer is public information, and Mr. Mahoney reported that it is the Board’s decision whether to disclose this information. Supervisor McNamara noted that the policy of placing property for bid once an offer has been made within 10% of the appraised value has been successful. Supervisor Minnix questioned whether the offerors own property contiguous to the well lot. Mr. Mahoney reported that the Saunders live at 3466 Overbrook Drive and the well lot is located at 3559 Overbrook Drive. May 13, 2003 443 Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora ORDINANCE 051303-8 DECLARING A PARCEL OF REAL ESTATE TO BE SURPLUS AND ACCEPTING AN OFFER FOR THE SALE OF SAME; NAMELY THE WESTERN HILLS WELL LOT, TAX MAP NO. 68.17-2-17, WINDSOR HILLS MAGISTERIAL DISTRICT BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property, having been made available for other public uses before permitting disposition by sale, is hereby declared to be surplus. 2. That an advertisement for bids for the sale of this surplus real estate and notice of public hearing was advertised in the Roanoke Times & World News on April 17 and April 20, 2003; and 3. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading and public hearing of this ordinance was held on April 22, 2003, and the second reading was held on May 13, 2003, concerning the disposition of the following parcel of real estate identified as follows: Western Hills Well Lot, 3559 Overbrook Drive Lot 11A, Block 2, Section 1, Western Hills Tax Map No. 68.17-2-17 4. That offers for said properties having been received, the offer of Calvert L. Saunders and Patricia G. Saunders to purchase this property for the sum of $41,000.00 is hereby accepted. 5. That the purchase price for the property will be paid upon delivery of a deed therefor and all proceeds from the sale of this real estate will be deposited into the water fund in accordance with the trust agreements of the 1991 water revenue bonds. 6. That the County Administrator or any Assistant County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the sale of said property, all of which will be on form approved by the County Attorney. 7. That this ordinance will be effective on and from the date of its adoption. May 13, 2003 444 On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora 2. Second reading of an ordinance approving a residential lease at the Roanoke County Center for Research and Technology, Catawba Magisterial District. (Anne Marie Green, Director of General Services) O-051303-9 Ms. Green reported that there have been no changes in this matter since the first reading. There was no discussion on this matter. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora ORDINANCE 051303-9 APPROVING THE RESIDENTIAL LEASE TO CLINT AND SANDY LAWRENCE OF THE LOG CABIN LYING GENERALLY IN THE SOUTHEAST CORNER OF THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY PROPERTY (TAX MAP NO. 54.00-1-2) IN THE CATAWBA MAGISTERIAL DISTRICT OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, the Board of Supervisors of Roanoke County is the owner of a tract of land containing 457.60 acres, and being located in the Catawba Magisterial District and designated on the Roanoke County Land Records as Tax Map No.54.00-1-2, which is May 13, 2003 445 being developed for economic development purposes as the Roanoke County Center for Research and Technology; and, WHEREAS, by Ordinance 031098-7, the Board of Supervisors authorized the continued rental of the three residences on the property until such time as construction would begin and require termination; and WHEREAS, the leases for 5365 Glenmary Drive and 5393 Glenmary Drive were terminated by the County, effective November 1, 1999, to permit commencement of construction and, WHEREAS, the log cabin at 4958 Glenmary Drive had been rented until recently; and WHEREAS, it would serve the public interest for the County to have the log cabin occupied and maintained until such time as all or portions thereof may be needed for economic development purposes; and, WHEREAS, on December 2, 1997, the Board authorized creation of a self- balancing account entitled Glenn Mary Capital Account for acceptance of rent payments and expenditure of the funds on maintenance of the property; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on April 22, 2003 and the second reading was held on May 13, 2003. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator or an Assistant County Administrator is hereby authorized to execute a lease agreement with Clint and Sandy Lawrence for the log cabin residence having the address of 4958 Glenvar Heights Boulevard, from June 1, 2003, to May 31, 2004, thereafter continuing on a month-to-month basis, for a monthly rental of $600.00 to be paid into the Glenn Mary Capital Account. 2. That the County Administrator or an Assistant County Administrator is authorized to execute said lease agreement on behalf of the Board of Supervisors of the County of Roanoke and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora IN RE: CONSENT AGENDA R-051303-10, R-051303-10.a, R-051303-10.b, R-051303-10.d, R-051303-10.f, May 13, 2003 446 R-051303-10.g Supervisor Minnix questioned whether the resolution for the Cave Spring Rescue Squad had been prepared. Ms. Childers reported that the resolution had been prepared. Mr. Hodge indicated that there was also a resolution for the Cave Spring Fire Department, and that both Supervisor Minnix and Supervisor McNamara would be attending both events. Supervisor McNamara moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora RESOLUTION 051303-10 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for May 13, 2003 designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Approval of minutes - April 22, 2003 2. Resolution of appreciation to Cave Spring Volunteer Fire Department for service and dedication upon its 60th anniversary 3. Resolution of appreciation to the Cave Spring Rescue Squad for their service to the community and in celebration of their 45th anniversary 4. Request to appropriate $305,000 for public assistance programs in the Department of Social Services 5. Request to accept Bradford Circle into the State Secondary System May 13, 2003 447 6. Request to accept water and sewer facilities serving Miller’s Landing, Hollins Magisterial District 7. Request to accept Aarons Run Circle into the Virginia Department of Transportation Secondary System 8. Request to accept Kings Crest Drive, Fieldgate Road, and Avalon Circle into the Virginia Department of Transportation Secondary System That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora RESOLUTION 051303-10.a OF APPRECIATION TO CAVE SPRING VOLUNTEER FIRE DEPARTMENT FOR SERVICE AND DEDICATION TH UPON ITS 60 ANNIVERSARY WHEREAS, Roanoke County Volunteer Fire Department Company 3, Cave Spring, was founded in 1942; and WHEREAS, the Cave Spring Volunteer Fire Department, consisting of over fifty volunteers, have provided protection for the residents and businesses of southwestern Roanoke County for over sixty years, responding to calls for all types of emergency situations; and WHEREAS, the volunteers of the Cave Spring Volunteer Fire Department have assisted Roanoke County by using donations and fund raisers to help purchase trucks and state of the art equipment to better enable the department to protect the community from loss due to fire and other disasters. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors, on its own behalf and on behalf of the citizens of the Cave Spring area, CAVE does hereby extend its gratitude and appreciation to the many volunteers of the th SPRING VOLUNTEER FIRE DEPARTMENT on the occasion of their 60 anniversary for their service and dedication to public safety in Roanoke County. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora RESOLUTION 051303-10.b OF APPRECIATION TO THE CAVE SPRING RESCUE SQUAD FOR THEIR SERVICE TO THE May 13, 2003 448 TH COMMUNITY AND IN CELEBRATION OF THEIR 45 ANNIVERSARY WHEREAS, the Cave Spring Rescue Squad’s original thirteen members were sworn in on April 24, 1958, and ran their first call on May 3, 1958, at the Vinton Dogwood Festival; and WHEREAS, the Cave Spring Rescue Squad was first housed in a single car garage next to what is now the Coffee Pot Restaurant on Brambleton Avenue; and WHEREAS, the Cave Spring Rescue Squad continued to purchase rescue trucks, ambulances and equipment and their membership steadily increased as the Cave Spring area experienced rapid growth; and WHEREAS, in 1973, the Cave Spring Rescue Squad purchased the Hurst Jaws of Life hydraulic tools and was one of the first crews in the area to have this new state- of-the-art extrication tool; and WHEREAS, in 1976, the Cave Spring Rescue Squad began work on a new custom-built crash truck which was put into service in 1977 and contained a unique feature which was the power take-off winch located in the front bumper; and WHEREAS, in 1977, the Cave Spring Rescue Squad was one of the first crews in the Roanoke Valley to provide Advanced Life Support (ALS); and WHEREAS, in 1990, the Cave Spring Rescue Squad moved into their new building on Brambleton Avenue which was a joint effort between the squad and Roanoke County; and WHEREAS, in 1998, the Cave Spring Rescue Squad, along with Back Creek, Bent Mountain, and Clearbrook Rescue Squads implemented a Float Medic program to provide increased ALS coverage to South Roanoke County; and WHEREAS, the Cave Spring Rescue Squad has been responsible for helping numerous injured people and saving many lives; and th WHEREAS, the Cave Spring Rescue Squad is celebrating its 45 anniversary. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its congratulations and appreciation to th CAVE SPRING RESCUE SQUAD the on the occasion of its 45 anniversary; and FURTHER, the Board of Supervisors extends its best wishes for many years of continued service to the community. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora RESOLUTION 051303-10.d REQUESTING ACCEPTANCE OF BRADFORD CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM May 13, 2003 449 WHEREAS, the street described on the attached Addition Form SR-5(A), fully incorporated herein by reference are shown on plats recorded in the Clerk’s Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department’s Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor McNamara Seconded By: None Required Yeas: Supervisors Church, Minnix, Altizer, McNamara Nays: None Absent: Supervisor Flora RESOLUTION 051303-10.f REQUESTING ACCEPTANCE OF AARONS RUN CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Addition Form SR-5(A), fully incorporated herein by reference are shown on plats recorded in the Clerk’s Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, May 13, 2003 450 NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department’s Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor McNamara Seconded By: None Required Yeas: Supervisors Church, Minnix, Altizer, McNamara Nays: None Absent: Supervisor Flora RESOLUTION 051303-10.g REQUESTING ACCEPTANCE OF KINGS CREST DRIVE, FIELDGATE ROAD AND AVALON CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Addition Form SR-5(A), fully incorporated herein by reference are shown on plats recorded in the Clerk’s Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department’s Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the resident Engineer for the Virginia Department of Transportation. May 13, 2003 451 Recorded Vote Moved By: Supervisor McNamara Seconded By: None Required Yeas: Supervisors Church, Minnix, Altizer, McNamara Nays: None Absent: Supervisor Flora IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Flora 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Accounts Paid – March 20023 6. Statement of Expenditures and Estimated and Actual Revenues for the month ended April 2003 7. Statement of the Treasurer’s Accountability per Investment and Portfolio Policy as of April 20, 2003 8. Clean Valley Council IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: (1) He stated that there has never been a meeting May 13, 2003 452 that he can recall in which the Board did not have any reports of Board members, a closed meeting, or work session. IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 5:04 p.m. Submitted by: Approved by: ________________________ ________________________ Diane S. Childers Joseph P. McNamara Clerk to the Board Chairman