06-04-2003 MinutesBOARD OF SUPERVISORS
MINUTES
June 4, 2003
Supervisors in Attendances
Mr. Arthur S. Warren, Chairman
Mr. J. L. McHale, III, Vice Chrm.
Mr. Edward B. Barber
Mrs. Renny B. Humphrey
Supervisors Absents
Mr. Kelly E. Miller
Mr. Lane B. Ramsey
County Administrator
Staff in Attendances
Mr. Steven L. Micas,
County Attorney
Mr. James J.L. Stegmaier,
Deputy Co. Admin.,
Management Services
School Board Members in
Attendances
Mrs. Elizabeth Davis, Chairman
Mr. Lloyd Lenhart, Vice Chrm.
Mrs. Dianne E. Pettitt
Dr. James Schroeder
Mr. Marshall W. Trammell, Jr.
Dr. Billy Cannaday, Jr.,
Superintendent
School Staff in Attendances
Ms. Catherine Clark, Exec.
Asst. to Superintendent
Ms. Cheryl George,
Clerk
Ms. Carol Timpano, Dep.
Clerk
Mr. Warren called the special meeting to order at 7:10 p.m.
He recognized the Board members' signatures on waivers
notifying them of the special meeting.
1. CLOSED MEETING PURSUANT TO SECTION 2.2-3711(A)(29), CODE
OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS AND CONSIDER
CONFIDENTIAL PROPRIETARY RECORDS CONTAINED iN AN
UNSOLICITED PROPOSAL SUBMITTED TO THE SCHOOL BOARD
PURSUANT TO THE PUBLIC-PRIVATE EDUCATION FACILITIES AND
INFRASTRUCTURE ACT OF 2002 FOR FINANCING, CONSTRUCTING
AND DESIGNING TWO NEW PUBLIC SCHOOLS AND RENOVATING ONE
EXISTING SCHOOL
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
went into a Closed Meeting with members of the School Board
pursuant to Section 2.2-3711(A) (29), Code of Virginia, 1950,
as amended, to discuss and consider confidential proprietary
records contained in an unsolicited proposal submitted to the
School Board under the Public-Private Education Facilities
and Infrastructure Act of 2002 for financing, constructing
and designing two new public high schools and renovating one
existing school.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
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Reconvening:
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into a Closed Meeting in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Meeting was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in the Closed Meeting to which
this certification applies, and
ii) only such public business matters as were identified
in the Motion by which the Closed Meeting was convened were
heard, discussed, or considered by the Board. No member
dissents from this certification.
The Board being polled, the vote was as follows:
Mrs. Humphrey: Aye.
Mr. Barber: Aye.
Mr. McHale: Aye.
Mr. Warren: Aye.
After comments by Mrs. Pettitt, Mr. Lenhart and Mrs. Davis,
the following resolution was adopted by the School Board:
RESOLUTION REGARDING INITIATION OF CONSIDERATION
OF PROCUREMENT OF TWO HIGH SCHOOLS UNDER
PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT
WHEREAS, Chesterfield County has an urgent need for two
new high schools and a middle school due to population growth
and projected increases in numbers of students, and the Board
has included in its Capital Improvement Program plans for
construction of two new high schools to be opened in the fall
of 2008 and the conversion of Clover Hill High School to a
middle school in the fall of 2009;
WHEREAS, the means traditionally used to procure new
school construction in the County, the design-bid-build
process and competitive sealed bidding under the Virginia
Public Procurement Act ("VPPA") for the construction contract
may result in longer lead times for school delivery and
greater costs than some other methods of new school
construction;
WHEREAS, the General Assembly enacted the Public-Private
Education Facilities and Infrastructure Act (~PPEA") in 2002,
which provides an alternative to the VPPA for procurement of
new school development, design, and construction;
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WHEREAS, the Board adopted its implementing procedures
for the PPEA on April 22, 2003;
WHEREAS, the Board has received an unsolicited proposal
under the PPEA from First Choice Public-Private Partners on
May 23, 2003, for the proposed development, design, and
construction of the two new high schools and conversion of
Clover Hill High School to a middle school;
WHEREAS, the unsolicited proposal appears to meet all
the requirements of the Board's implementing procedures;
WHEREAS, the Board believes it would be advantageous to
proceed under the PPEA and the Board's implementing
procedures to accept the unsolicited proposal for publication
and conceptual-phase consideration and to consider it along
with any other proposals received following the period
indicated by publication;
WHEREAS, the Board's implementing procedures adopt in
Article X thereof the ~competitive sealed bidding" and
~competitive negotiation" methods of conducting PPEA
procurements and require the Board to make specific findings
before proceeding~ by the ~competitive negotiation" method;
and
WHEREAS, the Board finds that proceeding in accordance
with ~competitive negotiation" procedures under the PPEA for
the procurement of the two high schools is likely to be
advantageous to the Board and the public based upon (1) the
probable scope, complexity, or urgency of the project, (2)
risk sharing, added value, and (3) economic benefit from the
project that would not otherwise be available.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
(1) Pursuant to the PPEA and the Board's implementing
procedures the Board accepts the unsolicited proposal for
publication and conceptual-phase consideration, along with
any other proposals received following the submission period
indicated by publication, subject to such conditions
consistent with the PPEA and implementing procedures as the
Superintendent and staff deem prudent;
(2) The Superintendent
following actions:
and staff will take the
(a) Coordinate with the County Administrator and
County staff pursuant to Article IX of the Board's
implementing procedures, determines whether joint review and
evaluation of proposals with the County is practicable and
desired;
(b) After coordinating with legal counsel as to
content and as to any conditions that will apply to
consideration of proposals and upon First Choice Public-
Private Partners agreeing to such conditions, have all
notices required by the PPEA and Article V A.2. of the
Board's implementing procedures made, including with such
notices the method in which the procurement will be conducted
and any conditions that will apply to consideration of
proposals, as well as making any additional publication of
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the procurement made that is deemed prudent
adequate competition; and
to ensure
(c) Develop a proposed evaluation plan for
consideration of the proposals, including a proposal review
and evaluation team and supporting consultants and staff as
needed, meeting and evaluation procedures, and a proposed
schedule for the process, including proposed dates for any
consideration of information or recommendations by this Board
and by the County Board of Supervisors.
Mrs. Davis thanked both Boards for their time and stated that
the School Board appreciated the Board of Supervisors'
attendance. She turned the meeting over to Mr. Warren for
comments or actions by the Board of Supervisors.
Mrs. Humphrey made a motion, seconded by Mr. Barber, for the
Board to approve a resolution supporting the acceptance for
consideration of an unsolicited proposal to finance, design
and construct two new high schools and to renovate and
convert an existing high school and soliciting proposals to
compete with the unsolicited proposal.
Mr. McHale stated he does not feel the Board of Supervisors
needs to adopt a resolution and the action of the School
Board is sufficient to proceed. He stressed that although
the School Board had consulted with the Board of Supervisors,
it was within their authority to proceed and expressed
concerns that any action from the Board of Supervisors may be
misconstrued.
Mr. Ramsey stated that he had no problem with the resolution.
Mr. Warren called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. Barber, for the Board to adopt the following
resolution:
WHEREAS, rapid growth in the western part of
Chesterfield County along the Route 360 corridor has caused
current County high schools and middle schools to become
overcrowded; and
WHEREAS, the Board of Supervisors and the School Board
have determined that in order to meet the public school needs
of County school children, the School Board needs to
construct two new public schools and to renovate the existing
Clover Hill High School and convert it to a middle school;
and
WHEREAS, pursuant to the Public-Private Education
Facilities and Infrastructure Act of 2002 (PPEA), private
entities are allowed to submit to public entities unsolicited
proposals for the acquisition, construction, improvement,
renovation, expansion, maintenance or operation of public
facilities such as public schools; and
WHEREAS, the School Board received on May 23, 2003 an
unsolicited proposal pursuant to the PPEA for the financing,
design and construction of two new high schools in the Route
360 corridor and for the renovation of the existing Clover
Hill High School and its conversion into a middle school (the
Unsolicited Proposal); and
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WHEREAS, upon receipt of the Unsolicited Proposal, the
School Board transmitted a copy of the Unsolicited Proposal
to County staff for its review; and
WHEREAS, the Unsolicited Proposal is within the current
County and School Board Capital Improvement Program, would
significantly reduce the time required to complete the new
schools and would allow them to open in the fall of 2006, and
would allow the County to take advantage of historically low
interest rates and a competitive construction environment;
and
WHEREAS, in order to consider the Unsolicited Proposal
under the PPEA, the School Board needs to accept the proposal
for further consideration, thereby triggering a 45-day period
for other companies to submit proposals to compete with the
Unsolicited Proposal; and
WHEREAS, the PPEA provides for the Board of Supervisors
to review the Unsolicited Proposal and provide comments to
the School Board with regard to the Unsolicited Proposal; and
WHEREAS, after reviewing the Unsolicited Proposal, the
Board of Supervisors believes that it is in the best interest
of the County and its citizens for the School Board to accept
the proposal for further consideration.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors hereby supports the acceptance of the Unsolicited
Proposal for further consideration by the School Board under
terms that reserve the right to, in the future, consider only
portions of the Unsolicited Proposal rather than the full
Proposal if it appears to be in the best interest of the
County to do so.
Ayes: Warren, Barber and Humphrey.
Nays: None.
Abstain: McHale.
Absent: Miller.
2. ADJOURNMENT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adjourned at 8:39 p.m. until June 18, 2003 at 3:00 p.m.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
/i~'~,~~/~_____''~
Arthur S. Warren
Chairman
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