MINUTES

September 23, 2010

The meeting was called to order and a silent roll call was taken and it was determined that a quorum was present.

Ron Spradling indicated that the minutes of the March 26, 2009, meeting did not reflect whether Rodney Clay was present or absent. Ms. Lipscomb stated that Mr. Clay was absent and the minutes would be modified to reflect his absence. Ron Spradling moved for the approval of the February 12, 2009, February 19, 2009, and March 26, 2009 minutes. Motion second by Roy Smith. All voted in favor and the minutes were approved.

Ed Fischer, Executive Director of the Grant County Development Authority, advised the board that they wanted to build a data center facility and fiber optic broadband network that extended to Hardy and Pendleton counties. He explained that they needed the data center in order to get internet into the community and schools. With the expansion of Corridor H, it will open up the area for new business but they can’t attract business if they don’t have technology available.

John Kelly, with Agile Integrations, stated that this was a good economic development project as the State has been given stimulus money for the physical structure. This will push broadband into the community and schools. Petersburg is the ultimate location for disaster recovery due to their location.

Steve Knotts, with Agile Integration, stated they plan to reach out into the community and educate what services they can provide. This project will enable businesses in the area to improve their infrastructure and will bring new business into the community. He explained that when building a broadband facility it requires you to have a joint effort with all involved.

Mr. Knotts stated that there was a need to expedite the project because they have secured a $10.3 million Development Authority Recovery Zone Bond allocation from the State. Mr. Thrasher questioned whether this would be enough money. Mr. Knotts indicated that it would be sufficient for what they plan to build. Chairman Monteleone questioned whether it would be a one story or two story building. Mr. Knotts stated it would be a two story structure which would encompass office space, data space and training space. They expect the building to be 17,000 sq. ft. The project is for construction of a building and eight miles of middle mile cable and wiring. Mr. Thrasher questioned what middle mile was. Mr. Kelly explained that the backbone of broadband is in the larger areas such as New York and DC. Middle mile is what gets it to the local area. Last mile is what connects it to the home or business.

Mr. Knotts explained that they need to construct the project by the design-build method because it will speed up the process and they can get the design and build done simultaneously and have to deal with less people. This will also allow them to control the costs. They can not issue the bonds until they have an exact cost and the bonds have to be issued by December 31, 2010. He further explained they need close coordination because there are specific requirements for electric, heating and cooling, and security. There is also a lot of specialty work and permitting that needs expertise from a team to work together to make sure requirements are met.

Mr. Thrasher questioned why there would be a cost savings by using the design-build method of construction. Mr. Knotts stated that it would cut out $50,000 to $100,000 in design fees. Design-build provides more efficiencies and value engineering at no cost.

Chairman Monteleone questioned whether they had the RFP ready as their time line on the application is very tight. Mr. Fischer advised that it was ready and if they get approval today it will be advertised tomorrow and go out next week. They believe that construction could start in early December with a completion date of September 2011. Chairman Monteleone advised that the board requires them to abide by the deadlines or they will take away their approval so they may want to give more realistic dates and build in some contingency time. Mr. Fischer stated that he would revisit the dates and submit another time line to the board.

Roy Smith questioned whether the Grant County Development Authority planned to sell the building. Mr. Fischer state that they planned to keep it for 10 years, get it fully occupied and then sell it. They believe the facility they are building will be the right size and is what they think they can sell.

Woody Thrasher moved to approve the project moving forward as a design-build project with the understanding they adhere to all rules and regulations. Motion second by Ron Spradling. All voted in favor and the motion passed.

Chairman Monteleone discussed some of the requirements of the Design-Build Procurement Act to assure they understood the need for three to five bidders and to make them aware that the technical and cost envelopes must stay secure and opened separately. He advised that someone from the Department of Administration would need to be present and participate on behalf of the board to assure that the rules are followed. Donna Lipscomb advised that she would be that representative as the Director of General Services has indicated he can not spare one of his employees at this time.

Ms. Lipscomb asked the board how long she was required to keep the old RFP responses, bid packages, diagrams and blueprints as it is consuming a lot of space in her office. Chairman Monteleone advised that if a project has been completed, she would only be required to retain the data to show what the board approved such as the evaluations, score sheets and things of that nature. Otherwise, she may destroy the large binders of documents. The board members agreed.

Ms. Lipscomb advised the board that the Monroe County Health Center put out requests for bids on a design-build project. Ms. Lipscomb contacted them and it was not a design-build project as they were only seeking a contractor to replace an existing roof. She also advised that she had been told that the City of Parkersburg was doing a skate park by design-build. She has called them a couple times but has not gotten a return phone call to determine the method of construction.

Additionally, Ms. Lipscomb advised the board that Lloyd Miller requested a legal opinion to clarify the role of the criteria developer and the Department of Administration’s legal counsel would not provide a legal opinion to Mr. Miller. He was advised to hire an attorney.

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There being no other business to come before the Board, the meeting was adjourned.