Current Agenda

 
AGENDA
SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA
 
To Be Held At:
The School Building Authority of West Virginia
Charleston, West Virginia
 
March 19, 2018
9:30 a.m.
 


Note: To see the attachments referred to below, please click the word "Attachment" at the appropriate section and the information will be opened for your viewing. From the attachment, press the "Back" button or left arrow at the top of your browser to return to the Current Agenda.

I. CALL TO ORDER


II. ACKNOWLEDGEMENTS AND RECOGNITIONS


III. APPROVAL OF MINUTES – Mr. Brian Abraham

A. SBA Quarterly Meeting December 11, 2017 – (Action) – ATTACHMENT-A.pdfATTACHMENT-A.pdf
B. Work Session December 11, 2017 – (Action) – ATTACHMENT-B.pdfATTACHMENT-B.pdf
C. Special Tele-Conference Meeting January 17, 2018 – (Action) – ATTACHMENT-C.pdfATTACHMENT-C.pdf   


IV. EXECUTIVE DIRECTOR’S REPORT – Mr. Frank Blackwell

A. Purchasing Card (P-Card) Program Report – (Information) – ATTACHMENT-D.pdfATTACHMENT-D.pdf
One of the requirements of the P-Card Program is for the Authority members to review all purchases made by the Staff of the SBA.  As such, Attachment D provides an itemized list of the SBA’s card usage for the period of November 1, 2017 through January 31, 2018.

B. Lottery Capital Improvement Revenue Bonds, Series 2018A – (Action) – Mr. Garry Stewart Mr. Ryan White, White Law Office PLLC
ATTACHMENT-E1.pdfATTACHMENT-E1.pdf
ATTACHMENT-E2.pdfATTACHMENT-E2.pdf
RESOLUTION AUTHORIZING AND DIRECTING THE ISSUANCE OF NOT TO EXCEED $48,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA’S LOTTERY CAPITAL IMPROVEMENT REVENUE BONDS; DESIGNATING CONSTRUCTION PROJECTS; ACKNOWLEDGING THE MAXIMUM AMOUNT OF BONDS TO BE ISSUED BY THE AUTHORITY UNDER THE ACT; AUTHORIZING THE EXECUTION AND DELIVERY OF A SEVENTH SUPPLEMENTAL TRUST INDENTURE, TAX COMPLIANCE CERTIFICATE, NOTICE OF SALE AND CONTINUING DISCLOSURE AGREEMENT; AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF SUCH BONDS AND BOND DOCUMENTS RELATING THERETO; PROVIDING PARAMETERS FOR ESTABLISHING THE PRINCIPAL AMOUNT, PROVISIONS FOR REDEMPTION, MATURITY, AND OTHER TERMS OF SUCH BONDS; AUTHORIZING THE COMPETITIVE SALE OF THE BONDS OR SUCH OTHER MEANS AS AUTHORIZED BY THE AUTHORITY;  AUTHORIZING THE AUTHORIZED OFFICER OF THE AUTHORITY TO APPROVE THE FINAL TERMS AND PRICING OF THE SERIES 2018 A BONDS WITHIN SUCH PARAMETERS; REQUESTING THE TRUSTEE TO AUTHENTICATE THE SERIES 2018 A BONDS; AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT FOR THE SERIES 2018 A BONDS; AUTHORIZING EXECUTION AND DELIVERY OF OTHER DOCUMENTS AND THE TAKING OF ALL OTHER ACTIONS RELATING TO SUCH FINANCING.


C. 2018 Legislative Overview – (Information) – ATTACHMENT-F.pdfATTACHMENT-F.pdf

Several Bills were introduced during the 2018 Legislative Session that would have affected the SBA.  A summary of the last action on these Bills is provided in Attachment F.

Garry Stewart will present the School Building Authority’s Representation made to the West Virginia Legislature’s Finance Committees on January 18 and February 2, 2018.


D. New SBA Sub-Committee Assignments – (Action) – ATTACHMENT-G.pdfATTACHMENT-G.pdf
Given the appointment of Mr. David Perry, by the West Virginia Board of Education, as an Authority Member it is necessary to reassign Members to Sub-Committees.  We have provided recommendations of these appointments in Attachment G.

I respectfully recommend that the Authority fulfill this requirement and approve the recommended Sub-Committees.


E. Appointment of Officers for 2018 – (Action)
In accordance with the WV Code §18-9D-1, the Authority shall annually elect one of its public members as Vice-Chair and shall appoint a member as Secretary.  Currently, Mr. Steve Burton holds the office of Vice-Chair and Mr. Victor Gabriel holds the office of Secretary.  

I respectfully recommend that the Authority fulfill this requirement and select officers for 2018.



V. CEFP AMENDMENTS
– Mr. Frank Blackwell
The following amendments to county Comprehensive Educational Facilities Plans (CEFPs) have been reviewed and recommended for approval by the Staff of the SBA and reviewed and coordinated with the State Department of Education Office of School Facilities. The State Board of Education has acted on these same amendments.  Approval of these amendments does not necessarily reflect support for funding of the projects within the Amendment.  Approval of these amendments simply means the County followed the proper Amendment Process. Complete amendment submittals will be available for review upon request.  The following Amendments are submitted for your review and approval:

A. Barbour County CEFP Amendment – (Action) - ATTACHMENT-H.pdfATTACHMENT-H.pdf

The Barbour County Board of Education requests approval of an amendment to its 2010-2020 CEFP.  This amendment would add an additional classroom and restrooms in the Early Childhood classrooms as specified in Chapter 4, Section 403.05, D of WVDOE Policy 6200.

Barbour County has complied with the SBA CEFP Amendment process and based on this I respectfully recommend approval of this amendment to Barbour County’s CEFP.

B. Monroe County CEFP Amendment – (Action) – ATTACHMENT-I.pdfATTACHMENT-I.pdf
The Monroe County Board of Education requests approval of an amendment to its 2010-2020 CEFP.  This amendment incudes a safe school entry and cleaning/sealing of the masonry block at James Monroe High School.

Monroe County has complied with the SBA CEFP Amendment process and based on this I respectfully recommend approval of this amendment of Monroe County’s CEFP.

C. Morgan County CEFP Amendment – (Action) - ATTACHMENT-J.pdfATTACHMENT-J.pdf
The Morgan County Board of Education requests approval of an amendment to its 2010-2020 CEFP.  This amendment revises the scope of the existing Berkeley Springs High School’s renovation and addition project to include the replacement of the existing metal roofing currently installed on Building C – Gymnasium with new metal roofing.

Morgan County has complied with the SBA CEFP Amendment process and based on this I respectfully recommend approval of this amendment of Morgan County’s CEFP.


VI. FINANCE REPORT – Mr. Garry Stewart

A. Analysis of Trustee Accounts - Trustee Accounts Report - (Information) – ATTACHMENT-K.pdfATTACHMENT-K.pdf
The financial reports of the trustee accounts held at United Bank of Charleston, West Virginia and The Bank of New York Mellon for the period ending February 28, 2018 summarize the trustee functions of the SBA.

B. United Bank of Charleston – SBA Program Depository Accounts Report – (Information) ATTACHMENT-L.pdfATTACHMENT-L.pdf
The financial report of the depository accounts maintained by United Bank for the period ending March 15, 2018, summarizes construction spending by the SBA for its School Construction and Major Improvement Programs.

C. West Virginia Department of Education – School Access Safety Program - (Information/Action) ATTACHMENT-M.pdfATTACHMENT-M.pdf
During the 2007 Legislative Session, the West Virginia Legislature enacted into law the School Access Safety Act.  This Act provided $10 million per year for five years for School Access Safety improvements state wide.  All county school systems were required to perform a school access safety assessment of each of their facilities to determine the immediate needs at each facility.  The School Building Authority then distributed the allocated funds to each county based on net enrollment.  In addition, the Act required that each county provide matching funds of not less than 15%.  The final allocation of funding was used for the purposes of critical mapping of all facilities in the State and continued revisions to each County’s crisis response plan.  The West Virginia Department of Education, Office of School Facilities is charged with ensuring continued revisions to the crisis plans and has contracted with a part-time employee, who assists the counties in these efforts.

The WVDOE, Office of School Facilities has provided a written request for the continuation of these funds, to continue providing support to the counties for these efforts.  This request has been provided under Attachment M for the Authority’s consideration.


VII. PERSONNEL MATTERS – Mr. Brian Abraham

A. 2018 - 5% Legislative Pay Raises – Ms. Stella Gill - (Information/Action) 
Ms. Stella Gill will provide an explanation of the process that will be taken to implement the staff of the   SBA’s 5% pay raises, as approved by Governor Justice and the 2018 Legislature.


B. Executive Session
Personnel matters will involve an Executive Session as provided in W. Va. Code §6-9A-4(b)(2)(A) [personnel exception] and/or §6-9A-4 [matters involving attorney client privilege per Peters v. County Commission, 205 W. Va. 481 (1999)].  The Authority majority must vote to have an Executive Session.  No action will be taken in Executive Session.


VIII. NEW BUSINESS

Hampshire County - Mr. Jeff Pancione – (Information)
Mr. Jeff Pancione, Superintendent of Hampshire County will make a presentation on Hampshire County’s plans effecting its CEFP and will be available to answer questions from the Authority.


IX. OLD BUSINESS – Mr. Scott Raines

A. Policy and Procedure Changes – (Information/Action)
ATTACHMENT-N1.pdfATTACHMENT-N1.pdf
ATTACHMENT-N2.pdfATTACHMENT-N2.pdf
ATTACHMENT-N3.pdfATTACHMENT-N3.pdf
During the December 2017 special work session of the Authority, the Staff was instructed to make changes to the SBA Policy removing SBA appointment of Construction Managers, allowing the County and the Architect to determine the construction oversight method to be utilized on school construction projects and other general changes to allow more flexibility on school construction projects.  The staff has made changes and is providing a copy of those revisions under Attachment N1 – Policy and Procedure Handbook; Attachment N2 – New Form Index and Attachment N3 – APPX L Forms

We would respectfully request the Authority to provide approval of the proposed changes.  With approval, Staff will file these changes for 30-day comment with the Secretary of State’s Office.  Upon completion of the comment period, Staff will compile the public comments and return additional revisions to the Authority for final approval.  


B. Clerk of the Works – (Information/Action) – ATTACHMENT-O.pdfATTACHMENT-O.pdf
During the December 2017 Work Session of the Authority, discussions were held regarding the SBA compiling a list of qualified Clerks-of-the-Works from which counties would select a Clerk-of-the-Works for their specific construction project.  During those discussions the Staff advised the members that in order to determine the qualifications of a Clerk, the Authority must first consider the desired duties and responsibilities.  Several members of the Authority members recommended duties and responsibilities that provided the Clerk more authority on the job site, while others recommended duties similar to the industry standard.  The Staff researched industry standard duties of the clerk and found those to be wide ranging.  As such the Staff prepared a written report, which has been provided under Attachment O

Staff would respectfully request the Authority review the attached report and provide additional direction on the desires of the Authority.  Upon a final decision of duties and responsibilities, the Staff will prepare a list of qualifications and begin the process of compiling a list of qualified Clerks-of-the-Works.  


C. SBA Architectural Fee Structure – (Discussion) – ATTACHMENT-P.pdfATTACHMENT-P.pdf
During the December 2017 Work Session of the Authority, discussions were held regarding design fees paid on SBA projects.  During those discussions several members of the Authority, expressed concerns regarding the SBA’s current fee structure which allows for a higher percentage fee on smaller projects.  This structure pays a higher percentage to the design professional and takes away from the bricks and mortar of the projects.  Authority members asked the Staff to review this policy and provide additional information to Authority.  The Staff contacted other construction agencies across the State to compare their practices and has prepared a written report, comparing those practices.  The report has been provided under Attachment P for the Authority’s consideration and discussion.


D. Proto-Typical Design Study – (Discussion) – ATTACHMENT-Q.pdfATTACHMENT-Q.pdf
During the December 2017 Work Session of the Authority, members of the Authority discussed the possibility of proto-typical school designs.  Proto-Typical school designs have been of interest to past administrations and members of the legislature.  As such, the SBA had previously provided those entities with a report outlining the potential for a proto-typical school design program, and potential related cost savings. The report has been provided under Attachment Q for the Authority’s consideration and discussion.


E. Distribution of FEMA Funds for 2016 Floods – (Information) – ATTACHMENT-R.pdfATTACHMENT-R.pdf
After the June 2016 floods, Governor Tomblin charged the SBA with administration of the Federal disaster relief funding in accordance with Section 18-9D-15 of the West Virginia Code.  The Federal disaster relief funding also provides for property acquisition relating to the directed relocation of substantially damaged facilities.  Traditionally, the SBA has not provided state funding for property acquisition on new school construction projects.  As such, a concern was raised as to whether the SBA could provide such funding.  Executive Director Blackwell, requested an official opinion of the Attorney General regarding the concern.  The Attorney General provided the written opinion to the SBA on February 2, 2018.  The opinion has been provided under Attachment R for the Authority’s information and discussion.


F. Confirm the Responsibilities of a Public Authority under the West Virginia Job Act – (Information) ATTACHMENT-S.pdfATTACHMENT-S.pdf
The SBA is in receipt of correspondence from the West Virginia Division of Labor, regarding employee reporting requirements of the West Virginia Jobs Act, on State funded construction projects. After the repeal of prevailing wage requirements during the 2015 Legislative Session, many contractors have failed to provide certified payroll documents, thinking those were dissolved with the repeal.  However, the West Virginia Jobs Act requires a certain level of employee reporting by contractors, to ensure compliance with hiring requirements of the Act.  The Division of Labor has had a difficult time receiving the required documents and thus issued the correspondence to all Public Authorities.  This correspondence outlines the requirements of the contractor, subcontractor and the public authority receiving bids. A copy of the letter has been provided under Attachment S for the Authority’s consideration and discussion.


X. FUTURE MEETINGS
       
The 2018 summer quarterly meeting of the School Building Authority of West Virginia is scheduled for June 18, 2018 with the location to be determined.
   
The 2018 fall quarterly meeting of the School Building Authority of West Virginia is scheduled for September 17, 2018 with the location to be determined.

The 2018 NEEDs Grant Submission/Superintendent Interviews meeting is scheduled for October 29 and 30, 2018 with the location to be determined.
 
The 2018 winter quarterly meeting and NEEDs Grant project selection meeting of the School Building Authority of West Virginia is scheduled for December 10, 2018 with the location to be determined.


XI. ADJOURNMENT