1/12/2021 - Regular - DRAFT
January 12, 2021
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the first regularly scheduled meeting
of the month of January 2021. Audio and video recordings of this meeting will be held
on file for a minimum of five (5) years in the office of the Clerk to the Board of
Supervisors.
IN RE: CALL TO ORDER
Chairman Radford called the meeting to order at 2:00 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman David F. Radford; Supervisors Martha B. Hooker,
Paul M. Mahoney, Phil C. North and P. Jason Peters
MEMBERS ABSENT: None
STAFF PRESENT: Daniel R. O’Donnell, County Administrator; Richard
Caywood, Assistant County Administrator; Rebecca Owens,
Assistant County Administrator; Peter S. Lubeck, County
Attorney; Amy Whittaker, Public Information Officer and
Deborah C. Jacks, Chief Deputy Clerk to the Board
IN RE: ORGANIZATION OF COUNTY BOARD
1. Election of Officers
a. Chairman
Supervisor North nominated Supervisor Peters to serve as Chairman.
Supervisor Peters was elected by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford
NAYS: None
ABSTAIN: Supervisor Peters
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b. Vice Chairman
Supervisor Hooker nominated Supervisor Radford to serve as Vice
Chairman.
Supervisor Radford was elected by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters
NAYS: None
ABSTAIN: Supervisor Radford
Chairman Radford recessed the meeting at 2:03 P.M.
IN RE: OPENING CEREMONIES
Before the meeting was called to order, a moment of silence was
observed. The Pledge of Allegiance was recited by all present.
IN RE: BRIEFINGS
1. Briefing to update the Board of Supervisors on the Regional CTE
Study (Jill Loope, Director of Economic Development; Morgan
Romeo, Executive Director, Virginia Career Works - Blue Ridge)
Morgan Romero, Executive Director of Virginia Career Works-Blue Ridge
provided a PowerPoint presentation.
Supervisor Hooker asked if there is a date when the committee will be
seated. Ms. Romero advised hopefully this quarter, March. Supervisor Hooker
commented with the apprenticeship model, Roanoke County has done a phenomenal
job with Jason Suhr, Mark Jones and some others in building these partnerships inside
the industry where we have students who going and learning many of these trades and
coming away when they graduate from high school, certified in some of these industries
that are needed, but she did not see that as one of the models for a go-to opportunity as
almost a regional center that we let industry be the classroom and really did not see that
as one of the suggestions. Do you see that as potential?
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Ms. Romero responded absolutely, she thinks that what this study focused
on the curriculum associated. With apprenticeship, there are two aspects, one-the-job
training, but the second piece is the related instruction and curriculum. One of the
things that was stressed by Roanoke County, is that they have so many businesses that
are willing to participate. They do not have enough space on the curriculum side to
make that apprenticeship work. The study focused on how you expand those
curriculum and programmatic opportunities. Then it is a known fact that we would be
able to meet the business needs. Supervisor Hooker stated she would like to see more
conversation where industry was really being utilized to be the classroom. Supervisor
Hooker then asked about the CTE Academies, from what she is hearing, it is similar to
Governor’s School. She added that when you have limited space, there will be some
that are denied. Supervisor Hooker noted that the apprenticeships that Roanoke
County Schools are working on park a lot of the information and opportunity on the
Roanoke County website, but it also has links for Salem and Roanoke City. There is a
regional cooperation going on there with some of those issues.
Supervisor Radford stated in going through the study, when we had our
meeting at the Green Ridge Recreation Center, he had asked Ms. Romero if she had
gotten people with the Homebuilders Association and the Association of General
Contractors (AGC) involved. Are they being contacted in regards to the regional CTE
planning group with Ms. Romero responding in the affirmative? Has she spoke with
Amy Loman with the Roanoke Regional Homebuilders Association? Ms. Romero
responded in the negative stating she would love her contact information. As looking
through recommendation 2, plumbers and carpenters yes, but there is a big whole that
is missing and that is masons. Nobody wants to be a mason anymore. It has been a
generational thing where it has been passed down and it is becoming a lost art. He
knows at Burton, there are mason class and have met the teacher, but for it not to show
up on the radar here is strange as there really is really a need for that. Also, the last full
masonry fireplace he has built in a home is 1997. The reason is because it has become
a lost art.
Supervisor North commented that he and Mr. Caywood went to F &S and
visited one day and saw their operation. What was impressive is that it is becoming
very successful with a lot of home schools and private school programs as far as Smith
Mountain Lake as well as in town sending students there. In addition, Bedford County
public schools were sending students there as well as Roanoke City. He was
impressed with the product they are offering; of course there is a cost factor as well. If it
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is cheaper to send a student there than it is to have someone in-house teach the
program as well as provide transportation, which Bedford is doing, twice a week and
should be looked into because it is less expensive than bricks and mortar and they have
quite a nice size complex. It looks like they have a lot of business in terms of educating
folks. One of the things he would like to suggest and maybe Amy Whittaker can help
with this, while this is going to be on RVTV3, because it is part of our program, it would
be interesting to see if perhaps someone could seek out RVTV3 to help get this
message in general. Parents may be a home and get some interest. He does not know
much about the academy idea, he did do some research on the State of Virginia and all
he could find were academies.
IN RE: NEW BUSINESS
1. Resolution amending and readopting Guidelines for the
Implementation of the Public-Private Education Facilities and
Infrastructure Act of 2002 (Peter Lubeck, County Attorney)
Mr. Lubeck brief overview, process, history of Roanoke County, and
highlighted the proposed amendments. There was no discussion.
RESOLUTION 011221-1 AMENDING AND READOPTING
GUIDELINES FOR THE IMPLEMENTATION OF THE PUBLIC-
PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE
ACT OF 2002
WHEREAS, the Board of Supervisors of Roanoke County determined that it is in
the best interest of the County to adopt procedures for the implementation of the 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; and
WHEREAS, on May 13, 2003, the Board of Supervisors of Roanoke County
adopted Resolution 051303-4 which adopted procedures for the implementation of the
Public-Private Education Facilities and Infrastructure Act of 2002 (the “PPEA
Guidelines”); and
WHEREAS, on April 25, 2006, the Board adopted Resolution 042506-3b
amending and readopting the PPEA Guidelines; and
WHEREAS, on September 26, 2006, the Board adopted Resolution 092606-2.c
amending and readopting the PPEA Guidelines; and
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WHEREAS, the Board has determined that it is in the best interests of the
County to amend these previously adopted procedures to incorporate amendments to
the Code of Virginia.
NOW THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, that the County’s PPEA Guidelines are hereby amended an
readopted as follows, and that this Resolution and these Amendments shall be in full
force and effect from and after the date of their adoption:
Public-Private Education Facilities and Infrastructure
Act of 2002
County of Roanoke
Guidelines
April 2003 (rev. Jan. 2021)
Public-Private Education Facilities and Infrastructure Act of 2002
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Roanoke County Procedures
Table of Contents
I. Introduction .................................................................................................3
II. General Provisions .....................................................................................4
A. Proposal Submission ..........................................................................4
B. Affected Local Jurisdictions ................................................................5
C. Proposal Review Fee .........................................................................5
D. Freedom of Information Act ...............................................................6
E. Applicability of Other Laws ................................................................8
III. Solicited Proposals .....................................................................................8
IV. Unsolicited Proposals .................................................................................9
A. Decision to Accept and Consider Unsolicited Proposal; Notice ..........9
B. Initial Review by the County at the Conceptual Stage (Part 1) .........10
V. Review of Solicited and Unsolicited Proposals .........................................10
VI. Proposal Preparation and Submission .....................................................11
A. Format for Submissions at Conceptual Stage (Part 1) .....................11
B. Format for Submissions at Detailed Stage (Part 2) ..........................16
VII. Proposal Evaluation and Selection Criteria...............................................17
A. Qualifications and Experience ..........................................................17
B. Project Characteristics ......................................................................18
C. Project Financing ..............................................................................19
D. Project Benefit and Compatibility ......................................................19
E. Other Factors ...................................................................................20
VIII. Interim and Comprehensive Agreements .................................................20
A. Interim Agreement Terms....................................................................20
B. Comprehensive Agreement Terms .....................................................21
C. Public Hearing During Proposal Review Process; Notice and Posting
Requirements ......................................................................................23
Terms and Definition .............................................................................................2
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I. Introduction
The Public-Private Education Facilities and Infrastructure Act of 2002, as
amended, (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
develop or operate the applicable qualifying project.” Individually negotiated
comprehensive agreements between a private entity 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 and land to a school building
(including a stadium or other facility primarily used for school events), any
functionally related and subordinate facility and land 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) Any building or facility that meets a public purpose and is developed or
operated by or for 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;
(v) Technology infrastructure, including, but not limited to,
telecommunications, automated data processing, word processing and
management information systems, and related information, equipment,
goods and services;
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(vi) Technology, equipment, or infrastructure designed to deploy wireless
broadband services to schools, businesses, or residential areas;
(vii) Services designed to increase the productivity or efficiency through the
use of technology or other means;
(viii) Any improvements necessary or desirable to any unimproved County
owned real estate; or
(ix) A solid waste management facility that produces electric energy from solid
waste;
(x) A recreational facility; and
(xi) Certain service contracts.
The PPEA establishes requirements that the County shall adhere to when
reviewing and approving 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 interim or comprehensive agreement
detailing the relationship between the County and the private entity.
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. Private entity 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
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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 scope of work and a financial plan for the project, which contain 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 entity, but also benefits to the private
entity 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, private entities 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.
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
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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 shall receive an analysis of the proposal from 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.
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
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1. General applicability of disclosure provisions.
Generally, proposal documents submitted by private entities are subject to the
Virginia Freedom of Information Act (“FOIA”) except that subdivision 11 of § 2.2-3705.6
exempts certain documents from public disclosure. FOIA exemptions, however, are
discretionary, and the County may elect to release some or all of the documents except
to the extent the documents are:
a. Trade secrets of the private entity as defined in the Uniform Trade
Secrets Act (§59.1-336 et seq.);
b. Financial records of the private entity that are not generally available to
the public through regulatory disclosure or otherwise, including but not
limited to, balance sheets and financial statements; or
c. Other information submitted by a private entity, where if the record or
document were made public prior to the execution of an interim or
comprehensive agreement the financial interest or bargaining position of
the public or private entity would be adversely affected.
Additionally, to the extent access to proposal documents submitted by private
entities are compelled or protected from disclosure by a court order, the County must
comply with the provisions of such order.
2. Protection from mandatory disclosure for certain documents submitted by a
private entity.
a. Before a document of a private entity may be withheld from disclosure,
the private entity must make a written request to the County at the time
the documents are submitted, designating with specificity the documents
for which the protection is being sought and a clear statement of the
reasons for invoking the protection with reference to one or more of
three classes of records listed above in Section II(D)(1).
b. Upon receipt of a written request for protection of documents, the County
shall determine whether the documents contain (i) trade secrets, (ii)
financial records, or (iii) other information that would adversely affect the
financial interest or bargaining position of the County or private entity in
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accordance with Section II(D)(1). The County shall make a written
determination of the nature and scope of the protection to be afforded by
the County under this subdivision. 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.
c. Once a written determination has been made by the County, the
documents afforded protection under this subdivision shall continue to
be protected from disclosure when in the possession of the County or
any affected jurisdiction to which such documents are provided.
d. If a private entity fails to designate trade secrets, financial records, or
other confidential or proprietary information for protection from
disclosure, such information, records, or documentation shall be subject
to disclosure under FOIA.
3. Protection from mandatory disclosure for certain documents produced by
the County.
a. The County may withhold from disclosure memoranda, staff
evaluations, or other records prepared by the County, its staff, outside
advisors, or consultants exclusively for the evaluation and negotiation of
proposals where (i) if such records were made public prior to or after the
execution of an interim or comprehensive agreement, the financial
interest or bargaining position of the County would be adversely
affected, and (ii) the basis for the determination required in clause (i) is
documented in writing by the County.
b. Cost estimates relating to a proposed procurement transaction prepared
by or for the County shall not be open to public inspection.
E. Applicability of Other Laws
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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 PPEA. Likewise, in submitting proposals and in developing, executing
or operating facilities under the PPEA, private entities 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) or an invitation for competitive sealed bids may be issued, inviting
proposals from private entities to develop 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
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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
The PPEA permits the County to receive, evaluate and select for negotiations
unsolicited proposals from private entities to develop or operate a qualifying project.
From time to time the County may publicize its needs and may encourage
interested parties to submit unsolicited 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. If
the County rejects a proposal initiated by a private entity that purports to
develop specific cost savings, the County shall specify the basis for the
rejection.
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. If the County chooses to accept an unsolicited proposal for conceptual-
phase consideration, the following shall apply:
a. Within 10 working days after acceptance of such proposal, the County
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
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public notices, for a period of not less than 45 days. At least one copy of
the proposals shall be made available for public inspection. 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 an interim or 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.
c. To ensure that sufficient information is available upon which to base
the development of a serious competing proposal, representatives of the
County familiar with the unsolicited proposal and the guidelines
established by the County shall be made available to respond to
inquiries and meet with private entities that are considering the
submission of a competing proposal.
d. 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,
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(iii) to proceed to the detailed (Part 2) phase with a competing proposal,
(iv) to proceed to the detailed (Part 2) phase with multiple proposals, or
(v) to request modifications or amendments to any proposals.
In the event that more than one proposal will be considered in the detailed (Part
2) phase of review, the County Administrator shall recommend to the Board of
Supervisors 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 VI 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 priority of project, or (ii) the risk sharing including
guaranteed cost or completion guarantees, added value or debt or equity
investments proposed by the private entity; or (iii) increase in funding,
dedicated revenue source or other economic benefit from the project that
would otherwise not be available.
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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 priority of the project
are such that competitive negotiation is determined necessary.
The Board of Supervisors has determined that the analysis of a request
by a private entity for approval of a qualifying project shall be performed
by County employees. The Board reserves the right to engage the
services of qualified professionals to provide it with an independent
analysis of any proposal. The costs of such analysis shall be recovered
from the Proposal Review Fee, Section II C.
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 private entity/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.
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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
complexity, including disclosure of any legal claims and litigation, 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
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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.
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
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(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.
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.
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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.
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
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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 qualifying 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;
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;
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6. A statement and strategy setting out the plans for securing all necessary
property;
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 County’s 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 known to the proposer who would be obligated
to disqualify themselves from participation in any transaction arising from or
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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.
VII. 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, claims and litigation history, and project safety;
4. Demonstrated conformance with applicable laws, codes, standards,
regulations, and agreements on past projects;
5. Leadership structure;
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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
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Factors to be considered in determining whether the proposed project financing
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;
5. Life-cycle cost analysis;
6. Identity of any third party that will provide financing for the project and the
nature and time of its commitment;
7. Such other items as the County deems appropriate.
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;
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4. Compatibility with existing and planned facilities; and
5. Compatibility with local, regional, and state economic development efforts.
E. Other Factors
1. Proposed cost of the qualifying facility;
2. The general reputation, industry experience, and financial capacity of the
private entity;
3. The proposed design of the qualifying project;
4. The eligibility of the facility for accelerated selection, review, and
documentation;
5. Local citizen and government comments;
6. Benefits to the public;
7. The private entity’s compliance with a minority business enterprise
participation plan or good faith effort to comply with the goals of such plan;
8. The private entity’s plans to employ local contractors and residents; and
9. Other criteria that the Board of Supervisors deems appropriate.
VIII. Interim and Comprehensive Agreements
Prior to developing or operating the qualifying project, the selected private entity
shall enter into a comprehensive agreement with the County. Prior to entering into a
comprehensive agreement, an interim agreement may be entered into that permits a
private entity to perform compensable activities related to the project.
The Board of Supervisors shall approve any interim or comprehensive
agreement entered into pursuant to the PPEA between the County and a private entity.
The County shall accept no liability for developing or operating the qualifying project
prior to entering into a properly executed agreement. Each agreement shall define the
rights and obligations of the responsible public entity and the selected proposer with
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regard to the project. Once the negotiation of an agreement under these Guidelines is
complete, but before an agreement is entered into, the County shall make available the
proposed agreement for public inspection at least 7 days before any proposed action by
the Board of Supervisors.
A. Interim Agreement Terms
The scope of an interim agreement may include but is not limited to:
1. Project planning and development;
2. Design and engineering;
3. Environmental analysis and mitigation;
4. Survey;
5. Ascertaining the availability of financing for the proposed facility through
financial and revenue analysis;
6. Establishing a process and timing of the negotiation of the comprehensive
agreement; and
7. Any other provision related to any aspect of the development or operation of
a qualifying project that the parties may deem appropriate prior to the
execution of a comprehensive agreement.
B. Comprehensive Agreement Terms
The scope 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, development or operation
of the qualifying project, in the forms and amounts satisfactory to the
County;
2. The review and approval of plans and specifications for the qualifying
project by the County;
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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, each in form and amount satisfactory to the County 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 private entity 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 private entity including the
conditions governing assumption of the duties and responsibilities of the
private entity by the County and the transfer or purchase of property or other
interests of the private entity by the County;
8. The terms under which the private entity 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;
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 private entity to any member of the public upon request.
c. Classifications according to reasonable categories for assessment of
user fees may be made.
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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 private
entity 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.
C. Public Hearing During Proposal Review Process; Notice and Posting
Requirements.
1. At some point during the proposal review process, but at least 30 days prior
to entering into an interim or comprehensive agreement, the County shall
hold a public hearing on the proposals that have been received.
2. Once the negotiation phase for the development of an interim or a
comprehensive agreement is complete and a decision to award has been
made by the County, the County shall post the proposed agreement in the
following manner:
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a. On the County’s website or by publication, in a newspaper of general
circulation in the area in which the contract work is to be performed, of
a summary of the proposals and the location where copies of the
proposals are available for public inspection.
b. At least one copy of the proposals shall be made available for public
inspection. Trade secrets, financial records, or other records of the
private entity excluded from disclosure shall not be required to be
posted, except as otherwise agreed to by the County and the private
entity.
3. Once an interim or comprehensive agreement has been entered into, the
County shall make procurement records available for public inspection,
upon request.
a. Such procurement records shall include documents protected from
disclosure during the negotiation phase on the basis that the release of
such documents would have adverse effect on the financial interest or
bargaining position of the County or private entity.
b. Such procurement records shall not include (i) trade secrets of the
private entity as defined in the Uniform Trade Secrets Act (§ 59.1-336
et seq.) of (ii) financial records, including balance sheets or financial
statements of the private entity that are not generally available to the
public through regulatory disclosure or otherwise.
The County shall electronically file a copy of any interim and comprehensive
agreement and any support documents with the Auditor of Public Accounts within 30
days of its execution.
TERMS AND DEFINITIONS
“Affected jurisdiction” means any county, city, or town in which all or a portion of a
qualifying project is located.
“Appropriating body” means the body responsible for appropriating or authorizing
funding to pay for a qualifying project.
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“Comprehensive agreement” means the comprehensive agreement between the
private entity and the responsible public entity that is required prior to the development
or operation of a qualifying project.
“Conceptual stage” means the initial phase of project evaluation when the public entity
makes a determination whether the proposed project serves a public purpose, meets
the criteria for a qualifying project, assesses the qualifications and experience of a
private entity proposer, reviews the project for financial feasibility, and warrants further
pursuit.
“Cost-benefit analysis” means an analysis that weighs expected costs against
expected benefits in order to choose the best option. For example, a city manager may
compare the costs and benefits of constructing a new office building to those of
renovating and maintaining an existing structure in order to select the most financially
advantageous option.
“Detailed stage” means the second phase of project evaluation where the public entity
has completed the conceptual stage and accepted the proposal and may request
additional information regarding a proposed project prior to entering into competitive
negotiations with one or more private entities to develop an interim or comprehensive
agreement.
“Develop” or “development” means to plan, design, develop, finance, lease, acquire,
install, construct, or expand.
“Interim agreement” means an agreement between a private entity and a responsible
public entity that provides for phasing of the development or operation, or both, of a
qualifying project. Such phases may include, but are not limited to, design, planning,
engineering, environmental analysis and mitigation, financial and revenue analysis, or
any other phase of the project that constitutes activity on any part of the qualifying
project.
“Lease payment” means any form of payment, including a land lease, by a public
entity to the private entity for the use of a qualifying project.
“Lifecycle cost analysis” means an analysis that calculates cost of an asset over its
entire life span and includes the cost of planning, constructing, operating, maintaining,
replacing, and when applicable, salvaging the asset. Although one proposal may have a
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lower initial construction cost, it may not have the lowest lifecycle cost once
maintenance, replacement, and salvage value is considered.
“Material default” means any default by the private entity in the performance of its
duties that jeopardizes adequate service to the public from a qualifying project.
“Operate” means to finance, maintain, improve, equip, modify, repair, or operate.
“Opportunity cost” means the cost of passing up another choice when making a
decision or the increase in costs due to delays in making a decision.
“Private entity” means any natural person, corporation, general partnership, limited
liability company, limited partnership, joint venture, business trust, public benefit
corporation, nonprofit entity, or other business entity.
“Public entity” means the Commonwealth and any agency or authority thereof, any
county, city or town and any other political subdivision of the Commonwealth, any public
body politic and corporate, or any regional entity that serves a public purpose.
“Qualifying project” means (i) any education facility, including, but not limited to a
school building, any functionally related and subordinate facility and land of a school
building (including any stadium or other facility primarily used for school events), 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) any building or
facility that meets a public purpose and is developed or operated by or for any public
entity; (iii) any improvements, together with equipment, necessary to enhance public
safety and security of buildings to be principally used by a public entity; (iv) utility and
telecommunications and other communications infrastructure; (v) a recreational facility;
(vi) technology infrastructure and services, including, but not limited to,
telecommunications, automated data processing, word processing and management
information systems, and related information, equipment, goods and services; (vii) any
technology, equipment, or infrastructure designed to deploy wireless broadband
services to schools, businesses, or residential areas; (viii) any services designed to
increase the productivity or efficiency through the use of technology or other means; (ix)
any improvements necessary or desirable to any unimproved locally- or state-owned
real estate; or (x) any solid waste management facility that produces electric energy
derived from solid waste.
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“Responsible public entity” means a public entity that has the power to develop or
operate the applicable qualifying project.
“Revenues” means all revenues, income, earnings, user fees, lease payments, or
other service payments arising out of or in connection with supporting the development
or operation of a qualifying project, including without limitation, money received as
grants or otherwise from the United States of America, from any public entity, or from
any agency or instrumentality of the foregoing in aid of such facility.
“Service contract” means a contract entered into between a public entity and the
private entity pursuant to § 56-575.5.
“Service payments” means payments to the private entity of a qualifying project
pursuant to a service contract.
“State” means the Commonwealth of Virginia.
“User fees” mean the rates, fees, or other charges imposed by the private entity of a
qualifying project for use of all or a portion of such qualifying project pursuant to the
comprehensive agreement pursuant to § 56-575.9.
On motion of Supervisor Radford to adopt the resolution, seconded by
Supervisor Mahoney and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
1. Resolution of the Board of Superiors of the Board of Supervisors
of Roanoke County, Virginia declaring its intention to reimburse
expenditures from the proceeds of a financing for costs
associated with the William Byrd High School renovations (Laurie
Gearheart, Director of Finance and Management Services)
Ms. Gearheart outlined the request for resolution. There was no
discussion.
January 12, 2021
35
RESOLUTION 011221-2 OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA, DECLARING
ITS INTENTION TO REIMBURSE EXPENDITURES FROM
THE PROCEEDS OF A FINANCING FOR COSTS
ASSOCIATED WITH THE WILLIAM BYRD HIGH SCHOOL
RENOVATIONS
Whereas, the Board of Supervisors of the County of Roanoke, Virginia
(the "County") has determined that it may be necessary or desirable to advance
money to pay the costs associated with the William Byrd High School renovations
Project (the "Project") before undertaking a tax-exempt financing for some or all of
the costs of the Project.
NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows:
1. The Board of Supervisors adopts this declaration of official intent
under Treasury Regulations Section 1.150-2.
2. The Board of Supervisors reasonably expects to reimburse advances made
or to be made to pay the costs of designing, constructing and equipping the
Project from the proceeds of a tax-exempt financing.
3. On the date each advance is made, it will be a capital expenditure (or
would be with a proper election) under general federal income tax principles or will
otherwise comply with the requirements of Treasury Regulations Section 1.150-
2(d)(3).
4. The expected maximum principal amount of the tax-exempt financing to be
incurred for the Project is $15,000,000.
5. The adoption of this resolution is consistent with the budgetary and financial
circumstances of the County.
6. This resolution shall take effect immediately upon its adoption.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
January 12, 2021
36
IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTIONS
1. Public hearing to receive citizen comments on two (2) proposed
changes in the Virginia Department of Transportation Secondary
System of State Highways: Intent to abandon State Route 1511,
Old Mountain Road, for the length of the state-maintained portion
(0.04 mile) between the end of state maintenance at the edge of
pavement of State Route 1511 and the edge of pavement for State
Route 1296, Stoneledge Drive, in the Hollins Magisterial District;
and Intent to abandon State Route 866, Mount Pleasant
Boulevard, for the length of the state-maintained portion (0.12
mile) between the end of state maintenance at the edge of
pavement of State Route 866 and the end of state maintenance at
the edge of pavement of State Route 663, Mount Pleasant
Boulevard, in the Vinton Magisterial District (Megan Cronise,
Transportation Planning Administrator)
Ms. Cronise outlined the public hearing. Chairman Peters recessed the
meeting from 3:50 p.m. until 4:00 p.m. for citizen ecomments. There were no citizen
comments by email or phone.
2. Resolution requesting changes in the Virginia Department of
Transportation Secondary System of State Highways, Route 1511,
Old Mountain Road, Hollins Magisterial District (Megan Cronise,
Transportation Planning Administrator)
Ms. Cronise outlined the resolution. There was no discussion.
RESOLUTION 011221-3 REQUESTING CHANGES IN THE
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY
SYSTEM OF STATE HIGHWAYS, ROUTE 1511, OLD MOUNTAIN
ROAD; HOLLINS MAGISTERIAL DISTRICT.
WHEREAS, the project sketch and VDOT Form AM-4.3, attached and
incorporated herein as part of this resolution, defines adjustments necessary in the
Secondary System of State Highways as a result of the road no longer existing or being
utilized; and
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37
WHEREAS, certain segments identified in the incorporated Form AM-4.3 appear
to no longer serve public convenience and should be abandoned as part of the
Secondary System of State Highways; and
WHEREAS, a public hearing to receive public comment was held on January 12,
2021 ; and
NOW, THEREFORE, BE IT RESOLVED:
1. The Board is finds and is satisfied that no public necessity exists for the
continuance of the segments of right-of-way, identified on the attached project
sketch and Form AM-4.3, as a public highway.
2. The Board hereby requests the Virginia Department of Transportation to take
the necessary action to abandon those segments identified on the attached
project sketch and Form AM-4.3 as part of the Secondary System of State
Highways, pursuant to §33.2-909 of the Code of Virginia.
3. A certified copy of this resolution be forwarded to the VDOT Salem
Residency, by the Clerk to the Board of Supervisors.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
3. Resolution requesting changes in the Virginia Department of
Transportation Secondary System of State Highways, Route 866,
Mount Pleasant Boulevard, Vinton Magisterial District (Megan
Cronise, Transportation Planning Administrator)
Ms. Cronise outlined the request for resolution. There was no discussion.
RESOLUTION 011221-4 REQUESTING CHANGES IN THE
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY
SYSTEM OF STATE HIGHWAYS, ROUTE 866, MOUNT
PLEASANT BOULEVARD; VINTON MAGISTERIAL DISTRICT
WHEREAS, the project sketch and VDOT Form AM-4.3, attached and
incorporated herein as part of this resolution, defines adjustments necessary in the
Secondary System of State Highways as a result of the road no longer existing or being
utilized; and
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WHEREAS, certain segments identified in the incorporated Form AM-4.3 appear
to no longer serve public convenience and should be abandoned as part of the
Secondary System of State Highways; and
WHEREAS, a public hearing to receive public comment was held on January 12,
2021; and
NOW, THEREFORE, BE IT RESOLVED:
1. The Board is finds and is satisfied that no public necessity exists for the
continuance of the segments of right-of-way, identified on the attached project
sketch and Form AM-4.3, as a public highway.
2. The Board hereby requests the Virginia Department of Transportation to take
the necessary action to abandon those segments identified on the attached
project sketch and Form AM-4.3 as part of the Secondary System of State
Highways, pursuant to §33.2-909 of the Code of Virginia.
3. A certified copy of this resolution be forwarded to the VDOT Salem
Residency, by the Clerk to the Board of Supervisors.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Ordinance authorizing the acquisition (with conditions) of Real
Property from the Commonwealth of Virginia, located at 0 Old
Cave Spring Rd. (Tax Map No. 076.20-03-05.00-0000), 4555 Old
Cave Spring Rd. (Tax Map No. 076.00-03-02.00-0000), 4607 Old
Cave Spring Rd. (Tax Map No. 076.20-03-01.00-0000), 4445
Brambleton Ave. (Tax Map No. 086.08-04-04.00-0000), and 4441
Brambleton Ave. (Tax Map No. 086.08-04-05.00-0000) in the
Windsor Hills Magisterial District; and authorizing execution of a
Memorandum of Agreement and deeds of conveyance (Richard
L. Caywood, Assistant County Administrator) (POSTPONED
UNTIL FEBRUARY 23, 2021)
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2. Ordinance approving the acquisition of permanent and
temporary easements on parcels owned by the Western Virginia
Water Authority (Tax Map Numbers 4330301 Roanoke City and
070.11-01-09.00-0000 Roanoke County) for development of the
Roanoke River Greenway (Lindsay Webb, Park Planning and
Development Manager)
Ms. Webb indicated there were no changes since the first reading held on
December 15, 2020. There was no discussion.
ORDINANCE 011221-5 AUTHORIZING THE ACQUISITION OF
PERMANENT AND TEMPORARY EASEMENTS ON PARCELS
OWNED BY THE WESTERN VIRGINIA WATER AUTHORITY
(ROANOKE CITY TAX MAP NUMBER 4330301, ROANOKE
COUNTY TAX MAP NUMBER 070.11-01-09.00-0000) FOR
DEVELOPMENT OF THE ROANOKE RIVER GREENWAY
WHEREAS, the Roanoke River Greenway is a regional bicycle and pedestrian
trail developing through the Roanoke Valley, linking the Cities of Roanoke and Salem,
the Town of Vinton, and Roanoke and Botetourt Counties; and
WHEREAS, in 2018 the Roanoke Valley Greenway Commission made the
Roanoke River Greenway its number one priority in the update to the Roanoke Valley
Greenway Plan; and
WHEREAS, Roanoke County is overseeing the design and construction of the
Roanoke River Greenway proposed between Roanoke City and Highland Road in the
Vinton Magisterial District; and
WHEREAS, temporary and permanent easements are needed for the greenway
proposed across two parcels owned by the Western Virginia Water Authority (WVWA),
identified as Tax Map Number 4330301 located in Roanoke City at 1502 Brownlee
Avenue SE and Tax Map Number 070.00-01-09.00-0000 located in Roanoke County at
0 Underhill Avenue; and
WHEREAS, on July 16, 2020, the WVWA Board of Directors approved the
donation and conveyance of the required temporary and permanent easements to
Roanoke County for design and construction of the Roanoke River Greenway; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on December 15, 2020, and the second reading
was held on January 12, 2021.
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NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the acquisition of permanent and temporary easements on parcels owned
by the Western Virginia Water Authority (Roanoke City Tax Map Number
4330301, Roanoke County Tax Map Number 070.11-01-09.00-0000) as shown
on the attached plat labelled “Greenway Easement Over Tax Parcels: 4330301
(CITY); 70.11-01-09 (COUNTY)” is hereby authorized and approved.
2. That the County Administrator is authorized to execute, deliver and record the
deed, and any other documents on behalf of the County and to take such further
actions as he may deem necessary or desirable in connection with this project.
The form of the proposed deed is hereby approved with such completions,
omissions, insertions and changes as the County Administrator may approve,
whose approval shall be evidenced conclusively by the execution and delivery
thereof, all of which shall be approved as to form by the County Attorney.
3. That this ordinance shall be effective from and after the date of its adoption.
On motion of Supervisor North to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 011221-6 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM H- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for January
12, 2021, designated as Item H - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 4 inclusive, as follows:
1. Approval of minutes – November 17, 2020
2. Resolution requesting the Virginia Department of Transportation (VDOT)
accept Leigh Lane Road into the Virginia Department of Transportation
System
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3. Resolution requesting the Virginia Department of Transportation (VDOT)
accept Summerville Lane and Beaufort Court into the Virginia Department of
Transportation System
4. Request to accept and allocate funds in the amount of $12,868.80 from the
Commonwealth of Virginia for the Library of Virginia's Records Preservation
Program
On motion of Supervisor Mahoney to adopt the resolution, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
RESOLUTION 011221-6.a REQUESTING ACCEPTANCE OF
LEIGH LANE (EASTERN PORTION) INTO THE VIRGINIA
DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the streets described on the attached Addition Form AM-4.3, 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 representative for the Virginia Department of Transportation has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation’s Subdivision Street Requirements; and
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 street(s) described on the attached Additions
Form AM-4.3 to the secondary system of state highways, pursuant to §33.2-705, Code
of Virginia, and the Department's Subdivision Street Requirements, after receiving a
copy of this resolution and all outstanding fees and documents required of the
developer, whichever occurs last in time; 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 Residency Administrator for the Virginia Department of Transportation.
BE IT FURTHER RESOLVED, this Board hereby guarantees the performance of
the street(s) requested herein to become a part of the State maintained secondary
system of state highways for a period of one year from the date of the acceptance of the
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referenced streets by VDOT into the secondary system of state highways. This Board
will reimburse all costs incurred by VDOT to repair faults in the referenced streets and
related drainage facilities associated with workmanship or materials as determined
exclusively by VDOT.
On motion of Supervisor Mahoney to adopt the resolution, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
RESOLUTION 011221-6.b REQUESTING ACCEPTANCE OF
SUMMER-VILLE LANE AND BEAUFORT COURT INTO THE
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY
SYSTEM
WHEREAS, the streets described on the attached Addition Form AM-4.3, 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 representative for the Virginia Department of Transportation has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation’s Subdivision Street Requirements; and
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 street(s) described on the attached Additions
Form AM-4.3 to the secondary system of state highways, pursuant to §33.2-705, Code
of Virginia, and the Department's Subdivision Street Requirements, after receiving a
copy of this resolution and all outstanding fees and documents required of the
developer, whichever occurs last in time.
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 Residency Administrator for the Virginia Department of Transportation.
BE IT FURTHER RESOLVED, this Board hereby guarantees the performance of
the street(s) requested herein to become a part of the State maintained secondary
system of state highways for a period of one year from the date of the acceptance of the
referenced streets by VDOT into the secondary system of state highways. This Board
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will reimburse all costs incurred by VDOT to repair faults in the referenced streets and
related drainage facilities associated with workmanship or materials as determined
exclusively by VDOT.
On motion of Supervisor Mahoney to adopt the resolution, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
A-011221-6.c
IN RE: REPORTS
Supervisor Hooker moved to receive and file the following reports. The
motion was seconded by Supervisor Radford and carried by the following recorded
vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor North stated the Virginia General Assembly convenes at noon
in Richmond for their so-called short session. He has enjoyed working with Supervisor
Radford as well as County Attorney Lubeck in fashioning our legislative agenda
priorities and positions as the session moves on as a hobby of his, he will be working to
see what is going on and if there is something that crops up that we did not know about
and what our position might want to be on that, we will share that with those involved.
He would like to encourage staff and staff is probably already working on this, but would
like to say this for the Supervisors as well. The Allegheny Regional Commission sends
out their requests for projects for consideration of potential study and two years ago, he
jumped on that right away working with Ms. Loope and staff and one was the CTE
Study that we heard about today. The second one was the housing study, which by no
means is he going to suggest read all 500 pages, nor does he suggest anybody read all
50 pages of the PowerPoint presentation, but he would like for the Chair and staff a
condensed version to share with the Board and the public of what some of those finds
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Supervisor Radford asked with regard to the diesel exhaust removal
system, will that complete all the stations with Doug Blount, Director of General
Services and Parks, Recreation and Tourism responded in the affirmative. The others
are currently in the works for over the next six months, but this one will complete the last
one.
Supervisor North asked with regard to the $12.1 million for the Hollins fire
station, is that two (2) stations or one station with inflation escalators because he
thought when they met with Chief Simon that the number was for a 3 bay at $7 million.
Mr. Caywood advised the estimates that he was shown were just under $6 million. We
are working with Balzer to come up with an estimate for a single-station replacement,
but right now it is a placeholder until the number is better defined. $12 million is
probably a little low to do two (2) and a little high for just one (1).
Supervisor Hooker stated she knows we discussed this last year and the
year prior, but at one point we took on the payment thinking there would be an end-
date. Since then, the Broadband Authority has expanded their initiatives and so we
don’t have an end date. Ms. Thompson stated this is just the debt service and ends in
fiscal year 2027. The operating piece was agreed upon through 2022; after that there
will be discussion concerning additional support.
Supervisor Peters asked with regard to the voting machines, did we not
just replace those with Ms. Thompson advising we replaced poll books.
Supervisor Radford asked with regard to Green Ridge Recreation Center
are we taking the entire unit off the roof and putting a new one on with Mr. Blount
responding in the affirmative. Supervisor Radford then asked if we got the life out of it.
Mr. Blount responded this is for future planning; the average life expectancy of a
dehumification system is between 15-18 years so we are budgeting it at the end of the
life cycle. As we get closer, we will research and get a system that will be easier to get
parts that matches some of the other systems in the area are.
Supervisor North stated with regard to slide 15, will be issue debt for $15
million, with Ms. Owens responding in the affirmative.
The work session was held from 4:25 p.m. until 5:00 p.m.
2. Work session to review recommendations for changes to the
Comprehensive Financial Policy (Laurie Gearheart, Director of
Finance and Management Services)
Due to technical difficulties, the audio for this work session is not
available.
Ms. Laurie Gearheart provided a PowerPoint presentation with the
proposed recommendations.
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were in that housing study at some point, when appropriate, in the near future. Lastly,
he wanted to thank Supervisor Radford for his service as Chair last year; he is still
waiting to see his happy dance. He also congratulated Supervisor Peters for serving as
Chair this year and looks forward to working together as we advance Roanoke County
forward in the future.
Supervisor Radford stated he would like to piggyback on what Supervisor
North stated about working on the legislative items and our attorney developed a nice
little card, front and back and asked if it was available on the website. Mr. Lubeck
advised it I not, but they can make that available. Also, congratulated Supervisor Peters
for stepping up and wanting to be Chair this year. He looks forward to you reading all
those tax map numbers this year.
Supervisor Peters stated this last week in our Country has been an
interesting week, but he was glad that on Friday, he got to do something fun. He was
able to go to Cardinal Glass in the Vinton Business Park and cut the ribbon for an $8
million investment. There is a 2,600 square foot addition and their open to add many
jobs over the next little bit. So, within the midst of all the uncertainty of life, it was a
happy time to end the week. As Supervisor North stated, he too thanked Supervisor
Radford for leading this Board and our County probably during one of the most difficult
years that this County has faced in a long time. He appreciates his leadership of the
Board and working with our County Administration to persevere though that. It is not
over, but think we have made some great strides in the last year to make sure that we
are maintaining the needs of our citizens and the services they need. He looks forward
to this year.
Chairman Peters recessed the meeting to the third floor at 4:12 p.m.
IN RE: WORK SESSIONS
1. Work session to review with the Board of Supervisors Potential
Projects and Funding Sources for the Proposed Fiscal Year 2022 -
2031 Capital Improvement Program (CIP) (Laurie Gearheart,
Director of Finance and Management Services)
Daniel O’Donnell provided a brief overview and turned the meeting over to
Meredith Thompson, Budget Division Manager, who provided a PowerPoint
presentation.
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Supervisor Mahoney suggested we could amend every year on the
consent agenda.
Supervisor Radford asked staff to get together with the County Attorney
and find out what the schools cannot do and square it up with the State to make sure
what we are proposing is correct.
It was the consensus of the Board to approve the changes at a future
meeting.
The work session was held from 5:05 p.m. until 5:19 p.m.
IN RE: ADJOURNMENT
Chairman Peters adjourned the meeting at 5:20 p.m.
Submitted by: Approved by:
________________________ ___________________________________
Deborah C. Jacks P. Jason Peters
Chief Deputy Clerk to the Board Chairman