HomeMy WebLinkAbout6/14/2005 - Regular
Roanoke County
Boa,rd of Supervisors
Agenda
June 14, 2005
LII
Good afternoon and welcome to our meeting for June 14, 2005. Regular meetings are
held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are
held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule
will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be
rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. The meetings are
now closed-captioned. Individuals who require assistance or special arrangements to
participate in or attend Board of Supervisors meetings should contact the Clerk to the
Board at (540) 772-2005 at least 48 hours in advance.
A. OPENING CEREMONIES (3:00 p.m.)
1. Roll Call
2. Invocation:
John M. Chambliss, Jr.
Assistant County Administrator
3. Pledge of Allegiance to the United States Flag
B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Certificate of recognition to the Roanoke County 9-1-1 Dispatch Center
Emergency Medical Dispatch program for being accredited by the Virginia
Office of Emergency Medical Services
D. BRIEFINGS
E. NEW BUSINESS
1. Adoption of certification resolution for the Closed Meeting held on June 7,
2005. (Paul Mahoney, County Attorney)
2. Request to approve the sublease and co-location by "Omnipoint
Communications Cap Operations, LLC (T-Mobile)" on the NTELOS owned
tower located at the Hollins Fire Station, 7401 Barrens Road, Hollins
Magisterial District. (Paul Mahoney, County Attorney)
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3. Request to authorize the execution of a Memorandum of Agreement among
the Federal Highway Administration, the Advisory Council on Historic
Preservation, the Virginia State Historic Preservation Officer, the Virginia
Department of Transportation, and the National Park Service regarding the
Interstate 73 Corridor. (Elmer Hodge, County Administrator, and Anthony
Ford, Traffic Engineer)
F. FIRST READING OF ORDINANCES
1. First reading of an ordinance to increase the salaries of the members of the
Board of Supervisors of Roanoke County pursuant to Section 3.07 of the
Roanoke County Charter and Section 15.2-1414.3 of the Code of Virginia.
(Paul M. Mahoney, County Attorney)
2. First reading of ordinance amending and repealing Sections of Chapter 18.
Sewers and Sewage Disposal and of Chapter 22. Water of the Roanoke
County Code. (Paul Mahoney, County Attorney)
G. SECOND READING OF ORDINANCES
1. Second reading of an ordinance authorizing the conveyance of easements to
the Western Virginia Water Authority (WV'NA) through property owned by the
Roanoke County Board of Supervisors to provide for the extension of water
service for the benefit of Radford Homes and the Mason's Crest Subdivision,
Cave Spring Magisterial District. (Pete Haislip, Director of Parks, Recreation
& Tourism)
H. APPOINTMENTS
1. Clean Valley Council
2. Court Community Corrections Program Regional Community Criminal Justice
Board
3. National Association of Counties Annual Conference
4. Parks and Recreation Advisory Commission (Appointed by District)
5. Roanoke Valley-Alleghany Regional Commission Metropolitan Planning
Organization (MPO)
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I. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE
RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION
IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY.
1. Approval of minutes - May 24, 2005 and June 7, 2005
2. Confirmation of committee appointments to the Clean Valley Council and the
Parks and Recreation Advisory Commission
3. Resolutions of appreciation upon the retirements of the following individuals:
(a) Brenda H. Smith, Treasurer's Office, following thirty-two years of service
(b) Clementine L. Cole, Circuit Court Clerk's Office, following nineteen years
of service
4. Request from schools to appropriate dual enrollment funds in the amount of
$18,207.93
5. Request to accept a portion of Horseshoe Bend Road, Route 936, Vinton
Magisterial District, into the Virginia Department of Transportation Secondary
System
6. Request to accept Laurel Ridge Drive and a portion of Cortland Road into the
Virginia Department of Transportation Secondary System
J. REQUESTS FOR WORK SESSIONS
K. REQUESTS FOR PUBLIC HEARINGS
L. CITIZENS' COMMENTS AND COMMUNICATIONS
M. REPORTS
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Future Capital Projects
5. Building Permit Activity Report for the month ended May 31 J 2005
6. Jail Study Costs Report
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7. Report from the Virginia Department of Transportation of changes to the
secondary road system in April 2005
8. Statement of the Treasurer's accountability per investment and portfolio policy
as of May 31,2005
N. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Michael A. Wray
2. Richard C. Flora
3. Joseph P. McNamara
4. Joseph B. Church
5. Michael W. Altizer
O. WORK SESSIONS (4th Floor Conference Room)
1. Work session to discuss the criteria and process for selecting a site for the
new South County Library. (Diane Hyatt, Chief Financial Officer, and Diana
Rosapepe, Director of Libraries)
2. Work session to provide an update on the Public Safety Building Project.
(Elmer Hodge, County Administrator, and Dan O'Donnell, Assistant County
Administrator)
3. Work session to provide an update on the Virginia Pollutant Discharge
Elimination System (VPDES) - Phase II Permit and Roanoke County's
Stormwater Management Plan. (George Simpson, Assistant Director of
Community Development, and Aaron Hofberg, Civil Engineer I)
4. Work session to discuss recommendations of revisions to the County's
Procurement Chapter 17 of the County Code. (Joe Obenshain, Senior
Assistant County Attorney; Rebecca Owens, Director of Finance; and Don
Karnes, Purchasing Manager)
P. CLOSED MEETING
Q. CERTIFICATION RESOLUTION
R. ADJOURNMENT
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ACTION NO.
ITEM NO. C-I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 14,2005
AGENDA ITEM:
Certificate of recognition to the Roanoke County 9-1-1
Dispatch Center Emergency Medical Dispatch program for
being accredited by the Virginia Office of Emergency Medical
Services
Elmer C. Hodge tf!
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This time has been set aside to recognize the 9-1-1 Dispatch Center's Emergency
Medical Dispatch (EMD) Program for achieving accreditation through the Virginia Office of
Emergency Medical Services (OEMS). This accreditation program was established to
promote implementation of EMD protocols and continued training and education.
The Virginia OEMS recognizes and certifies those EMD programs that maintain a high
level of readiness and service by staffing their centers with highly skilled dispatchers
trained to provide pre-arrival instructions to citizens calling with medical emergencies that
include everything from minor cuts to serious injuries to heart attacks and cardiac arrests.
To be accredited by the Virginia OEMS, the following guidelines must be met:
A. Implementation of an emergency medical dispatch system meeting or exceeding
standards established by the National Highway Traffic Safety Administration
(NHTSA) and accepted and recognized by the American Society for Testing
Materials (ASTM). Examples of approved systems include, but are not limited tOt
programs offered by the Association of Public Safety Communications Officers,
International (APCO), Powerphone®, Priority Dispatch® or National Emergency
Communications Institute®.
C-I
B. Minimum of 25% of communications personnel certified as an emergency medical
dispatcher through an approved EMD program (as described in Section A).
C. Minimum of one person on staff certified as an emergency medical dispatch
instructor through an approved EMD program (as described in Section A) OR a
memorandum of understanding with adjacentjurisdiction(s) for cooperative training.
This may include coordination of interagency training programs or cooperation on
hosting EMD system provider trainers.
D. Minimum one person with EMD certification (as described in Section A) on duty at
the public safety answering points (PSAP) or EMS dispatch center at all times.
E. A minimum 40 hours training, bi-annually, of continuing EMD/EMS communications
education per PSAP or 9-1-1 Center. This may include in-house training and/or
sending of communications personnel for outside training. Cooperative training with
other OEMS accredited agencies count as completion of requirement.
F. A quality assurance and quality improvement process to assure EMD system
compliance. This will consist of call review and/or call monitoring.
G. An annual report submitted to OEMS documenting compliance with all guidelines
set by OEMS for accreditation. This will include program implementation and
training documentation.
Chief Training Officer Emily Totten has been appointed to serve on the Virginia OEMS
Communications Committee. This committee discusses communications issues, reviews
grant requests, oversees the accreditation program, and provides guidance regarding
communications to the Governor's EMS Advisory Board.
Chief of Police Ray Lavinder; Assistant Chief Terrell Holbrook; Assistant Chief Donna
Furrow; Ken Crumpler, Communications Coordinator for the Virginia Office of Emergency
Medical Services; Chief Communication Office Pat Shumate; Chief Training Officer Emily
Totter; Lead Communications Officer Donna Rigney; Communications Officer David
Craighead; and Lt. Scott Smith will be attending the meeting.
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CERTIFICATE OF RECOGNITION
AWARDED TO
Roanoke County 9-1-1 Dispatch Center
Emergency Medical Dispatch Program
for receiving accreditation from the Virginia Office 6f Emergency Medical Services (OEMS)
~ The Virginia OEMS has established an accreditation program for 9-1-1 public safety
answering points (PSAP) and emergency dispatch centers to promote implementation of
emergency medical dispatch (EMD) protocols and continued training and education in
this area.
~ The Virginian OEMS recognizes and certifies those EMD programs that maintain a high
level of readiness and service by staffing their centers with highly skilled dispatchers
trained to provide pre-arrival instructions to citizens calling with medical emergencies
including everything from minor and serious injuries to heart attacks and cardiac arrests.
~ The Roanoke County 9-1-1 Dispatch Center EMD Program has been accredited due to
its quality assurance procedures and record keeping and the efforts of its trainers,
supervisors, and communications officers.
~ The Board of Supervisors wishes to congratulate those involved in receiving this
accreditation and commend them for their dedication to the well-being of all citizens.
Presented this 14th day of June, 2005
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Michael A. Wray, Vice-Chairm~
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Richard C. Flora
ACTION NO.
ITEM NO. E-J
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY
ADMINISTRATION CENTER
MEETING DATE:
June 14, 2005
AGENDA ITEM:
Adoption of certification resolution for the Closed
Meeting held on June 7, 2005
SUBMITTED BY:
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
On June 7, 2005, the Board of Supervisors went into a lawful Closed Meeting
pursuant to the Code of Virginia Section 2.2-3711 A (3) to discuss acquisition of
several parcels of real estate for public purposes and Section 2.2-3711 A (1) to
evaluate the performance of the County Administrator and County Attorney. At
the conclusion of that Closed Meeting at approximately 8:10p.m., the Board
inadvertently overlooked reconvening in an open meeting to adopt the resolution
certifying the Closed Meeting as required by Code of Virginia Section 2.2-
3712.D. It is suggested that the Board adopt the certification resolution for this
Closed Meeting in order to correct this oversight.
STAFF RECOMMENDATION:
It is recommended that the Board adopt the attached certification resolution for
the Closed Meeting held on June 7, 2005.
E-J
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, JUNE 7,2005
RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies, and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
ACTION NO.
ITEM NO. Ë-:-)-
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY
ADMINISTRATION CENTER
MEETING DATE:
June 14, 2005
AGENDA ITEM:
Request to approve the sublease and co-location by
"Omnipoint Communications Cap Operations, LLC
(T -Mobile Y' on the NTELOS owned tower located at
the Hollins Fire Station, 7401 Barrens Road, Hollins
Magisterial District
SUBMITTED BY:
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
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SUMMARY OF INFORMATION:
By Ordinance 102604-7 the Board of Supervisors authorized the execution of an
option and lease agreement with Virginia PCS Alliance, L~C., d/b/a/ NTELOS for
a 3,400 sq. ft. tower site to be located on County property at the Hollins Fire
Station. The ordinance provided that any subleases of tower and equipment
space to third party entities by NTELOS be subject to the approval of the Board
of Supervisors through resolution. Twenty percent of the rental received by
NTELOS for the sublease is to be paid to the County.
NTELOS has requested approval from the Board for Omnipoint Communications
CAP Operations, LLC ("T -Mobile") to co-locate on the telecommunications tower
located at the Hollins Fire Station.
FISCAL IMPACT:
There will be $4,320 annually deposited into the County Building Repair Account.
STAFF RECOMMENDATION:
Staff recommends approval of the attached resolution.
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E-~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY
ADMINISTRATION CENTER ON TUESDAY, JUNE 14,2005
RESOLUTION APPROVING THE SUBLEASE AND CO-
LOCATION BY "OMNIPOINT COMMUNICATIONS CAP
OPERATIONS, lLC (T-MOBllE)" ON THE NTElOS OWNED
TOWER LOCATED AT THE HOLLINS FIRE STATION AT 7401
BARRENS ROAD, HOLLINS MAGISTERIAL DISTRICT
WHEREAS, by Ordinance 102604-7 Roanoke County authorized the
execution of an option and lease agreement with Virginia PCS Alliance, L.C.,
d/b/a NTELOS for a 3,400 sq. ft. tower site to be located on property owned by
Roanoke County at the Hollins Fire Station on Barrens Road in the Hollins
Magisterial District; and
WHEREAS, Section 14 of the Option and Lease Agreement, provides that
NTELOS must receive consent from Roanoke County to sublease the tower; and
WHEREAS, this Agreement also provides that 200/0 of the rental received
by NTELOS for any such sublease shall be paid to Roanoke County.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board hereby approves the NTELOS request to sublease
to Omnipoint Communications CAP Operations, LLC (UT -Mobile") space on the
NTELOS owned tower located at the Hollins Fire Station at 7401 Barrens Road,
Roanoke County, Virginia; and
2. That NTELOS shall pay Roanoke County 200/0 of any rents paid to
NTELOS by Omnipoint Communications CAP Operations, LLC; said payments to
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be placed in the County Building Repair Account pursuant to Ordinance 102604-
7.
3. That the County Administrator or an Assistant County Administrator
is hereby authorized to execute such documents and take such actions as are
necessary to accomplish this transaction, all of which shall be upon form and
subject to the conditions approved by the County Attorney.
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ACTION NO.
ITEM NO.
[,3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 14, 2005
SUBMITTED BY:
Request to authorize the execution of a Memorandum of
Agreement among the Federal Highway Administration, the
Advisory Council on Historic Preservation, the Virginia State
Historic Preservation Officer, the Virginia Department of
Transportation, and the National Park Service regarding the
Interstate 73 Corridor - Franklin, Henry, and Roanoke
Counties and City of Roanoke, Virginia
Elmer C. Hodge ~ f/~
County Administrator
AGENDA ITEM:
COUNTY ADMINISTRATOR'S COMMENTS:
The sentence in question is at the bottom of I.A on page 2. We want this to indicate the
Clearbrook area. I expect to have this by Tuesday.
SUMMARY OF INFORMATION:
The Roanoke County Board of Supervisors took action on November 16, 2004 (Action No.
A-111604-7) to sign the Memorandum of Agreement (MOA) regarding the Interstate 73
Corridor. Subsequent to the County signing the draft MOA dated October 21, 2004, the
National Park Service notified the Virginia Department of Transportation (VDOT) and other
signatories of the MOA that they would not sign the document until their concerns over
wording pertinent to existing and future access to the Blue Ridge Parkway was altered to
meet their desires. The National Park Service requested that the MOA include language to
address their desire to close the existing access connection between Route 220 and the
Blue Ridge Parkway currently located in the Clearbrook community of Roanoke County and
to give them the discretion to use federal funds to design and construct another access
connection at another location to be determined by the National Park Service - Blue Ridge
Parkway.
t-?J
County staff had issue with the elimination of access to the Blue Ridge Parkway in the
Clearbrook area of Roanoke County. Consequently, numerous discussions and meetings
with representatives from the National Park Service and the VDOT have been held in an
attempt to reach an agreement as to the wording of the MOA, specifically detailing the
location of the future access connection to the Blue Ridge Parkway in Roanoke County.
Attached is the May 24, 2005 draft of the MOA, with changes as of that date highlighted.
County staff will continue to confer with the interested parties to finalize the MOA by the
Supervisor's June 14, 2005 meeting.
FISCAL IMPACT:
Fiscal impact will involve the cost of staff time in reviewing the preliminary and detailed
design plans within the limited period of time available.
AL TERNATIVES:
1. Authorize the County Administrator to execute the MOA on behalf of the County.
2. Refuse to authorize execution of the MOA and decline the opportunity to consult,
review, and comment on the preliminary and detailed design plans.
STAFF RECOMMENDATION:
Staff recommends approval of Alternative 1.
2
Draft May 24b, 2005
PROGRAMMATIC AGREEMENT
AMONG THE FEDERAL HIGHWAY ADMINISTRATION,
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
THE VIRGINIA STATE HISTORIC PRESERVATION OFFICER, THE
VIRGINIA DEPARTMENT OF TRANSPORTATION, AND THE NATIONAL
PARK SERVICE, REGARDING THE INTERSTATE 73 CORRIDOR
FRANKLIN, HENRY AND ROANOKE COUNTIES AND
CITY OF ROANOKE, VIRGINIA
WHEREAS, the Virginia Department of Transportation (VDOT) proposes to construct
Interstate 73 (VDOT Project No. 0073-962-FOl, PE 101; PPMS 16596; VDHR File No.
94-0572) extending south from Interstate 81 in Roanoke to the Virginia-North Carolina
state line, hereinafter referred to as the Project; and
WHEREAS, the VDOT anticipates receiving Federal financial assistance for the Project
from the Federal Highway Administration (FHW A); and
WHEREAS, the FHW A has determined that the provision of financial assistance for the
Project is an undertaking as defined in 36 CFR 800.16(y); and
WHEREAS, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C.
401 and 403) and Section 404 of the Clean Water Act of 1973 (33 V.S.C. 1344), a
Department of the Army permit will likely be required from the Corps of Engineers
(Corps), and the Corps has designated FHW A as the lead federal agency to fulfill federal
responsibilities under Section 106 of the National Historic Preservation Act (16 V.S.C.
470); and
WHEREAS, the final alignment of the proposed Interstate 73 crossing of the Blue Ridge
Parkway (BRP) was approved by the Commonwealth Transportation Board (CTB) on
July 15, 2004, and will be located in the vicinity of the existing crossing of Route 220 at
the BRP; and
WHEREAS, the FHW A, in cooperation with the VDOT, and in consultation with the
Virginia State Historic Preservation Officer (SHPO), has determined that the Project will
have an adverse effect on the BRP, a property considered eligible for the National
Register of Historic Places (National Register)~ and
WHEREAS, the FHW A, with the assistance of the VDOT, has consulted with the
Advisory Council on Historic Preservation (ACHP) and the SHPO, to address the
potential effects of the Project on historic properties in accordance with Section 106 of
the National Historic Preservation Act (16 V.S.C. 470) and its implementing regulations,
36 CFR Part 800, and in accordance with the 1999 Programmatic Agreement Between the
Virginia Departments of Transportation and Historic Resources Concerning Interagency
Project Coordination; and
Page 1 of 11
Interstate 73 Corridor
Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia
PROGRAMMATIC MEMORANDUM OF AGREEMENT
WHEREAS, the final design of the proposed Interstate 73 crossing of the BRP has not
yet been completed; and
WHEREAS, pursuant to 36 CFR 800.2(c)(4), the VDOT and, pursuant to 36 CFR
800.2(c)(5), the National Park Service, the division of the Federal government which
manages the BRP (NPS-BRP) and from whom a Special Use Pennit will likely be
required for the Project, has participated in this consultation, and the FHW A has invited
both the VDOT and the NPS-BRP to join FHW A, the ACHP, and the SHPO as
signatories to this Programmatic Agreement (PA) pursuant to 36 CFR 800.6(c)(2)(iii);
and
WHEREAS, pursuant to 36 CFR 800.2(c)(3), the City of Roanoke and the County of
Roanoke, and, pursuant to 36 CFR 800.2(c)(5), Virginians for Appropriate Roads (V AR)
have participated as consulting parties during the consultation process and have been
invited by the FHW A to concur in this P A;
NOW, THEREFORE, the FHW A, the SHPO, and the ACHP agree that this undertaking
shall be implemented in accordance with the following stipulations in order to take into
account the effects of the undertaking on historic properties.
Stipulations
The FHW A shall ensure that the following stipulations are implemented:
I. Blue Ridge Parkway (BRP) Crossing Design
A. The VDOT shall implement the Project so that the major features of the Interstate 73
crossing of the BRP include a divided median interstate with six traffic lanes that will be
maintained within the existing 160-foot-wide dedicated right-of-way of Route 220. No
direct connection between Interstate 73 and the BRP shall be constructed in the current
location of the Route 220 and BRP interchange. As desired by the NPS-BRP, VDOT
shall remove the existing access connection between Route 220 and the BRP upon
initiation of construction of the section of the Project crossing the BRP. The VDOT shall
remit to the NPS- BRP at the time of said construction the amount of the cost savings to
the Project that result from the decision not to restore the existing access (savings equal
to the amount design and construction of access ramps would cost if access were
restored). The NPS-BRP shall apply this money to the design and construction of an
access connection to the BRP at another location in Roanoke County to be detennined by
the NPS-BRP. The NPS-BRP shall be responsible for design and construction of the new
access connection and for compliance with all state and federal environmental laws and
regulations, including Section 106 of the National Historic Preservation Act and its
implementing regulations, 36 CFR 800, applicable to the initiative.
To minimize the effect of the crossing on the BRP, the VDOT shall ensure that the
aesthetic treatment of the Interstate 73 crossing of the BRP--to include aesthetic elements
of the bridge carrying the BRP over Interstate 73, the areas vacated by the existing BRP
Page 2 of 11
Interstate 73 Corridor
Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia
PROGRAMMATIC MEMORANDUM OF AGREEMENT
connecting ramps, and any related landscape or streetscape elements--is compatible with
the historic character of the BRP.
B. The VDOT shall provide the SHPO, the NPS-BRP, and the concurring parties to this
P A an opportunity to participate in the design process for the Interstate 73 crossing of the
BRP by consulting with these parties during the project scoping conducted prior to
initiation of preliminary design and by providing these parties an opportunity to review
and comment on preliminary and detailed design plans. The VDOT shall seek the
concurrence of the SHPO and the NPS-BRP on the compatibility of the final plans for the
Interstate 73 crossing of the BRP with the historic character of the BRP. The VDOT
shall provide the concurring parties to this P A an opportunity to review and comment on
the compatibility of the final plans for the Interstate 73 crossing of the BRP with the
historic character of the BRP. The SHPO, the NPR-BRP, and each concurring party to
this P A shall have thirty (30) calendar days to respond to VDOT on the plans. If any of
these parties fails to respond to VDOT within thirty (30) calendar days of documented
receipt of the plans, the VDOT and the FWHA may assume that party's concurrence.
II. Identification, Evaluation, and Treatment of Historic Properties
A. In the event of future design changes necessitating additional identification efforts
(e.g., acquisition of additional right-of-way), the VDOT shall complete efforts to identify
historic properties potentially affected by these design changes in accordance with 36
CFR Part 800.4(b). The VDOT shall conduct these identification efforts in consultation
with the SHPO and in a manner consistent with the Secretary of the Interior's Standards
for Identification (48 FR 44720-23), the Virginia Department of Historic Resources'
(VDHR) Guidelines for Conducting Cultural Resource Survey in Virginia (1999, revised
2001), and the Programmatic Agreement between the Virginia Departments of
Transportation and Historic Resources Concerning Interagency Project Coordination
(1999), or subsequent revisions or replacements to these documents. The VDOT shall
submit a report on the investigations to the SHPO for its review and concurrence, as well
as to the NPS-BRP and the concurring parties to this P A to provide them an opportunity
to review and comment. If any of these parties fails to respond to VDOT within thirty
(30) calendar days of confirmed receipt, the VDOT may assume that party's concurrence
with its findings and recommendations.
B. The VDOT shaH conduct any further investigations necessary to evaluate the National
Register-eligibility of any resources identified as a result of future design changes as
described in Stipulation II.A. These evaluations will be conducted in accordance with 36
CFR Part 800.4(c), and in a manner consistent with the Secretary of the Interior's
Standards for Identification (48 FR 44720-23), Standards for Archaeological
Documentation (48 FR 44734), and Guidelines for Archaeological Documentation (48
FR 44734-44737), and the VDHR's Guidelines for Conducting Cultural Resource Survey
in Virginia (1999, revised 2001) and the Programmatic Agreement between the Virginia
Departments of Transportation and Historic Resources Concerning Interagency Project
Coordination (1999), or subsequent revisions or replacements to these documents. These
evaluations will be conducted in consultation with the SHPO. The VDOT shall submit a
report on these evaluations to the SHPO for its review and concurrence, as well as to the
Page 3 of 11
Interstate 73 Corridor
Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia
PROGRAMMATIC MEMORANDUM OF AGREEMENT
NPS-BRP and the concurring parties to this PA to provide them an opportunity to review
and comment. If any of these parties fails to respond to VDOT within 30 calendar days
of confirmed receipt, the VDOT may assume that party's concurrence with its findings
and recommendations.
C. If historic properties meeting the criteria for listing on the National Register of
Historic Places are identified as a result of the activities described in Stipulation II.A and
II.B, the VDOT shall assess the effects of the undertaking on these properties in a manner
consistent with 36 CFR 800.5, and submit its findings to the SHPO for its review and
concurrence and to the NPS-BRP and the concurring parties to this P A for their review
and comments. If any of these parties fails to respond to VDOT within thirty (30)
calendar days of confirmed receipt, the VDOT may assume that party's concurrence with
its findings and recommendations.
D. If it is determined that a property eligible for the National Register will be affected by
future design changes as described in Stipulation II.A, the VDOT, in consultation with
the SHPO, the NPS-BRP, and the concurring parties to this PA, shall develop a treatment
plan for that property.
The VDOT shall submit the treatment plan to the SHPO for its review and concurrence,
as well as to the NPS-BRP and the concurring parties to this PA to provide them an
opportunity to review and comment. If any of these parties fails to respond to VDOT
within thirty (30) calendar days of confirmed receipt, the VDOT may assume that party's
concurrence with its findings and recommendations.
The VDOT shall ensure that any treatment plan developed under the provisions of this
stipulation is implemented.
E. Any treatment plan the VDOT develops for an archaeological property under the
terms of this stipulation shall be consistent with the Secretary of the Interior's Standards
and Guidelines for Archeology and Historic Preservation, and the Advisory Council on
Historic Preservation's Treatment of Archeological Properties: A Handbook. In
accordance with the Council's Recommended Approach for Consultation on Recovery of
Significant Information From Archaeological Sites (64 FR 27085-27087), the VDOT
shall ensure that the treatment plan is developed and implemented by or under the direct
supervision of a person meeting, at a minimum, the Secretary of the Interior's
Professional Qualification Standards (48 FR 44738-44739). The treatment plan shall
include, at a minimum:
(1) Information on the portion of the property where data recovery or controlled site
burial, as appropriate, is to be carried out, and the context in which the property is
eligible for the NRHP;
(2) the results of previous research relevant to the project;
(3) research problems or questions to be addressed, with an explanation of their relevance
and importance;
Page 4 of 11
Interstate 73 Corridor
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PROGRAMMATIC MEMORANDUM OF AGREEMENT
(4) the field and laboratory analysis methods to be used, with a justification of their cost-
effectiveness and how they apply to this particular property and the research needs;
(5) the methods to be used in artifact, data, and other records management~
(6) explicit provisions for disseminating the research findings to professional peers in a
timely manner;
(7) arrangements for presenting to the public the research findings, focusing particularly
on the community or communities that may have interests in the results;
(8) the curation of recovered materials and records resulting from the data recovery in
accordance with 36 CFR part 79~ and
(9) procedures for evaluating and treating discoveries of unexpected remains during the
course of the project, including necessary consultation with other parties.
III. Post Review Discoveries of Archaeological Properties
In the event that a previously unidentified archaeological resource is discovered during
ground-disturbing activities, the VDOT, in accordance with Section] 07 .14( d) of
VDOT's Road and Bridge Specifications, shall require the construction contractor to halt
all construction work involving subsurface disturbance in the area of the resource and in
surrounding areas where additional subsurface remains can reasonably be expected to
occur. Work in all other areas of the project may continue. The VDOT shall notify the
FHW A and the SHPO of the resource within two (2) working days of the discovery. The
VDOT's cultural resource staff, or an archaeologist meeting the Secretary of the
Interior's Professional Qualifications Standards (48 FR 44739), shall investigate the work
site and the resource, and then the FHW A, in conjunction with the VDOT, shall forward
to the SHPO an assessment of the National Register eligibility of the resource (36 CFR
60.4) and proposed treatment actions to resolve any adverse effects on the resource. The
SHPO shall respond within two (2) working days of receipt of the VDOT's assessment of
National Register eligibility of the resource and proposed action plan. The FHW A, in
conjunction with the VDOT, shall take into account the SHPO's recommendations
regarding National Register eligibility of the resource and the proposed action plan, and
then carry out appropriate actions. The VDOT shall ensure that construction work within
the affected area does not proceed until appropriate actions are implemented.
IV. Treatment of Human .Remains
Human remains and associated funerary objects encountered during the course of actions
taken as a result of this P A shall be treated in the manner consistent with the provisions
of the Native American Graves Protection and Repatriation Act (25 USC 3001) and its
implementing regulations, 36 CFR Part 10, and the Virginia Antiquities Act, Section
10.1-2305 of the Code of Virginia and its implementing regulations, ] 7 V AC5-20,
Page 5 of 11
Interstate 73 Corridor
Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia
PROGRAMMATIC MEMORANDUM OF AGREEMENT
adopted by the Virginia Board of Historic Resources and published in the Virginia
Register on July 15, 1991.
In the event that the human remains encountered are likely to be of Native American
origin, whether prehistoric or historic, the VDOT shall immediately notify the
appropriate tribal leaders and the Virginia Council on Indians (VCI). The FHW A and the
VDOT shall detennine the treatment of Native American human remains and associated
funerary objects in consultation with the appropriate tribal leaders and the VCI. The
VDOT shall make all reasonable efforts to avoid disturbing Native American gravesites
and associated funerary objects. To the extent possible, the VDOT shall ensure that the
general public is excluded from viewing any Native American gravesites and associated
funerary objects. The signatories and the concurring parties to this P A shall release no
photographs of any Native American gravesites or associated funerary objects to the
press or to the general public.
The VDOT may obtain a pennit from the SHPO for the removal of human remains in
accordance with the regulations stated above. In reviewing a pennit involving removal of
Native American human remains, the SHPO shall notify and consult with the VCI and
appropriate tribal leaders as required by the regulations stated above.
v. Dispute Resolution
A. Should any signatory to this agreement object in writing to the FHW A or the VDOT
regarding any plans provided for review pursuant to this P A, or should any signatory
object in writing to the FHW A regarding the manner in which measures stipulated in this
P A are being implemented, the FHW A or the VDOT, as appropriate, shall first consult
with the objecting signatory to resolve the objection. If the FHW A detennines that the
objection cannot be resolved through such consultation, the FHW A or the VDOT, as
appropriate, shall then consult with the signatories to this P A to resolve the objection. If
the FHW A then detennines that the objection cannot be resolved through consultation,
the FHW A shall forward all documentation relevant to the objection to the ACHP,
including the FHW A's proposed response to the objection. Within thirty (30) days after
receipt of all pertinent documentation, the ACHP shaH exercise one of the following
options:
( 1) Advise the FHW A that the ACHP concurs in the FHW A's proposed response to the
objection, whereupon the FHW A will respond to the objection accordingly; or
(2) Provide the FHW A with recommendations, which the FHW A shal1 take into account
in reaching a final decision regarding its response to the objection; or
(3) Notify the FHW A that the objection will be referred for comment pursuant to 36
CFR 800.7(a)(4), and proceed to refer the objection and comment. The FHW A shall take
the resulting comment into account in accordance with 36 CFR 800.7(c)(4).
Page 6 of 11
Interstate 73 Corridor
Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia
PROGRAMMA TIC MEMORANDUM OF AGREEMENT
Should the ACHP not exercise one of the above options within thirty (30) days after
receipt of all pertinent documentation, the FHW A may assume the ACHP's concurrence
in its proposed response to the objection.
The FHW A shall take into account any ACHP recommendation or comment provided in
accordance with this stipulation with reference only to the subject of the objection; the
FHW A's responsibility to carry out all actions under this agreement that are not the
subjects of the objection shall remain unchanged.
B. At any time during implementation of the measures stipulated in this P A, should a
member of the public object to the FHW A or the VDOT regarding the manner in which
the measures stipulated in this P A are being implemented, the FHW A shall notify the
signatories to this P A and consult with the objector to resolve the objection.
VI. Amendments and Termination.
Any signatory to this P A may propose to the FHW A that the P A be amended, whereupon
the FHW A shall consult with the other signatories to this P A to consider such an
amendment. 36 CFR 800.6( c)( 1) shall govern the execution of any such amendment.
Any signatory to this P A may tenninate it in accordance with the provisions of
§800.6(c)(8) of the regulations implementing Section 106 of the National Historic
Preservatio.n Act (16 V.S.C. 470).
VII. Duration
This P A shall continue in full force and effect for a tenn of five years. Unless there is a
material change to the project that would have a major impact to the BRP, the signatories
agree to extend this P A automatically for additional terms of five years, but not to exceed
a total period of twenty years, until the Project is completed. The FHW A shaH provide
written notice to a11 signatories of the status of this P A within the six-month period prior
to expiration of each five-year term. If the FHW A or the VDOT decides they will not
proceed with the Project, they may so notify the SHPO, the ACHP, the NPS-BRP, and
the concurring parties and then this P A shall become null and void.
Execution of this Programmatic Memorandum of Agreement and implementation of its
terms evidence that the FHW A has afforded the ACHP an opportunity to comment on the
Project and its effects on historic properties, and that the FHW A has considered the effect
of the undertaking on historic properties.
Page 7 of 11
Interstate 73 Corridor
Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia
PROGRAMMATIC MEMORANDUM OF AGREEMENT
FEDERAL HIGHWAY ADMINISTRATION
By:
Roberto Fonseca-Martinez, Division Adminístrator
Virginia Division
VIRGINIA STATE HISTORIC PRESERVATION OFFICER
By:
Kathleen S. Kilpatrick, Director
Virginia Department of Historic Resources
ADVISORY COUNCIL ON HISTORIC PRESERVATION
By:
Don Klima, Director
Office of Federal Agency Programs
NATIONAL PARK SERVICE - BLUE RIDGE PARKWAY
By:
Dan Brown, Superintendent
VIRGINIA DEPARTMENT OF TRANSPORTATION
By:
Earl. T. Robb, Administrator
Environmental Division
Page 8 of 11
Date:
Date:
Date:
Date:
Date:
t .~
Interstate 73 Corridor
Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia
PROGRAMMATIC MEMORANDUM OF AGREEMENT
CONCUR:
CITY OF ROANOKE, VIRGINIA
By:
C. Nelson Harris, Mayor
Date:
Page 9 of 11
l ' ~
Interstate 73 Corridor
Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia
PROGRAMMATIC MEMORANDUM OF AGREEMENT
CONCUR:
COUNTY OF ROANOKE, VIRGINIA
By:
Elmer C. Hodge, County Administrator
Date:
Page 10 of 11
t...;<· .'~
L~ .."....,.)
Interstate 73 Corridor
Franklin, Henry, and Roanoke Counties and City of Roanoke, Virginia
PROGRAMMATIC MEMORANDUM OF AGREEMENT
CONCUR:
VIRGINIANS FOR APPROPRIATE ROADS
By:
Ann M. Rogers
Board of Directors
Date:
Page 11 of 11
E-3
ACTION NO.
,...-~
ITEM NO. \.. \
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 14, 2005
AGENDA ITEM: First reading of ordinance to increase the salaries of the members of
the Board of Supervisors of Roanoke County pursuant to Section 3.07
of the Roanoke County Charter and Section 15.2-1414.3 of the Code
of Virginia
SUBMITTED BY: Paul M~ Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
In June 2004, the Board adopted an ordinance to increase its salaries pursuant to the
provisions of Section 15.2-1414.3 of the 1950 Code of Virgin ia, as amended. This section
of the State Code and Section 3.07 of the County Charter require that any increase in
Supervisors' salaries be accomplished by ordinance after public hearing between May 1
and June 30. Any increase is limited to an annual five (50/0) percent inflation factor.
The first reading of this proposed ordinance was held on June 14, 2005; the second
reading and public hearing is scheduled for June 28, 2005.
The current salary for Board members is $14,246.15. There is an additional annual
compensation for the Chairman of the Board at $1,800 and for the Vice-Chairman at
$1,200.
This ordinance increases salaries by 40/0.
FISCAL IMPACTS:
A 40/0 increase would cost $2,849.25 ($569.85 each). The new salary for each Board
member would be $14,816.00.
F-}
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 14, 2005
ORDINANCE TO INCREASE THE SALARIES OF THE MEMBERS OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY PURSUANT
TO SECTION 3.07 OF THE ROANOKE COUNTY CHARTER AND
SECTION 15.2-1414.3 OF THE CODE OF VIRGINIA
WHEREAS, Section 3.07 of the Charter of the County of Roanoke provides for
the compensation of members of the Board of Supervisors and the procedure for
increasing their salaries; and
WHEREAS, Section 15.2-1414.3 of the 1950 Code of Virginia, as amended,
establishes the annual salaries of members of boards of supervisors within certain
population brackets; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has
heretofore established the annual salaries of Board members at $14,246.15 by
Ordinance 062204-14 and further has established the additional annual compensation
for the chairman for the Board to be $1,800 and for the vice-chairman of the Board to be
$1 ,200; and
WHEREAS, this section provides that the maximum annual salaries therein
provided may be adjusted in any year by an inflation factor not to exceed five (50/0)
percent; and
WHEREAS, the first reading on this ordinance was held on June 14, 2005; the
second reading and public hearing was held on June 28, 2005.
NOW, THEREFORE, it is hereby ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, that the annual salaries of members of the Board of
Supervisors of Roanoke County, Virginia, are hereby increased by an inflation factor of
F-I
4% pursuant to the provisions of Section 3.07 of the Roanoke County Charter and
Section 15.2-1414.3 of the 1950 Code of Virginia, as amended. The new annual
salaries shall be $14,816 for members of the Board. In addition, the chairman of the
Board will receive an additional annual sum of $1,800 and the vice-chairman of the
Board will receive an additional sum of $1,200.
This ordinance shall take effect on July 1 J 2005.
'"
2
ACTION NO.
ITEM NO. F ~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY
ADMINISTRATION CENTER
MEETING DATE:
June 14, 2005
AGENDA ITEM:
First reading of ordinance amending and repealing
sections of Chapter 18. Sewers and Sewage Disposal
and of Chapter 22. Water of the Roanoke County
Code
SUBMITTED BY:
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
The creation of the Western Virginia Water Authority (WV'NA) transferred many
of the duties and responsibilities for the regulation of public sewer and water
systems from the County to WV'NA. This transfer of responsibility and authority
rendered numerous provisions of the County Code unnecessary. This proposed
ordinance amends and/or repeals many provisions in Chapter 18. Sewers and
Sewer Disposal and Chapter 22. Water of the Roanoke County Code.
The following sections are recommended for repeal or amendment. A brief
explanation in support of this recommendation follows the various Code sections:
1. §18-2 requires "adequate sanitary facilities" for carnivals, circuses and
similar exhibitions. This section is redundant and is more specifically addressed
under the Roanoke County zoning ordinance. Under the zoning ordinance
"outdoor gatherings" include a special use permit requirement as well as
additional design and use standards (see §30-87-3) including a detailed plan to
address sanitation facilities, public safety requirements, traffic, parking, lighting,
etc.
1
f-^
2. §§ 18-3, 18-31 through 18-33. These sections refer to the County's
manual of regulations and policies entitled "Design and Construction Standards
for Sanitary Sewer Facilities, "and inspections. These requirements are now the
duties and responsibilities of the WV'NA.
3. §§ 18-61 through 18-67. These standards for private sewage disposal
systems have been supplanted by State Health Department regulations. It is
recommended that §§ 18-63.1, which deals with the procedures and fees for the
issuance of septic tank permits, and 18-64, which requires a mandatory hookup
to public or private sewer within 300 feet be retained.
4. §§ 18-91 through 18-1 02 deal with the specifications for septic tank
systems. These provisions have been supplanted by State Health Department
regulations.
5. §§ 18-131 through 18-135. These sections deal with pit privies. These
provisions have been supplanted by State Health Department regulations.
6~ §§ 18-151 through 18-176 impose sewer use standards. The County was
obliged to adopt these sewer use standards by the Commonwealth of Virginia
Department of Environmental Quality, and the City of Roanoke in order for the
County be able to use the regional sewage treatment plan. It is necessary to
maintain these sewer use standards in order to provide legal authority to pursue
criminal penalties for violators of these sewer use standards; however, certain
provisions should be amended to reference WV'N A, and the provisions with
respect to charges and fees should be repealed since that is now the
responsibility of WVWA.
Various definitions in § 18..151 should be amended to insert WVWA into the
definition of the "control authority" and to substitute WV'NA for "county," when it
is appropriate based upon the context and meaning. The amendments clarify
that the "Utility Director" is an official of the WVW A.
7. § 18-168 Schedule of charges, § 18-169 Adjustment of charges, § 18-170
Billing and payment of charges are recommended to be repealed since these are
more the responsibilities of the WV'NA~
8. §§ 18-172 Authority to disconnect service and 18-173 Notice of Violation
are recommended to be amended to delete the reference to the County and
insert WV'N A. These are now the responsibilities of the WVW A.
9~ § 22-1 is recommended for repeal since the provisions dealing with water
impoundments and dam safety are now included in the State Code.
2
(-,~
Several amendments to § 22-2 Definitions are recommended to clarify that the
Utility Director is an official of the WV'NA.
10. § 22-3 which references the utility director is recommended for repeal
since that position no longer exists in the County.
11. § 22-5 is recommended for repeal since it is addressed in the County's
subdivision ordinance.
12. § 22-6 Reduction of rates is recommended for repeal since this is now the
responsibility of WV'N A.
13. §§ 22-31 through 22-41 are recommended for repeal since this now the
responsibility of WV'N A.
14. § 22-71 is recommended to be retained in the County Code since it
addresses mandatory connections to the water system. It is recommended that
§ 22-72 be retained in the County Code since it provides for criminal penalties for
defacing or injury water system property.
15. §§ 22-73 through 22-88 are recommended for repeal since these sections
address water rates, collection of unpaid bills, liens for water and sewer charges,
etc. These are responsibilities of the Water Authority.
16. §§ 22-200 through 22-206 are recommended for repeal. These sections
address water supply emergencies. This is now the responsibility of WV'NA.
STAFF RECOMMENDATION:
It is recommended that the Board favorably consider the adoption of this
ordinance. Adopting this ordinance will have the effect of cleaning up the
Roanoke County Code by eliminating unnecessary provisions.
The Board may want to consider amending §§ 18-64 and 22-71 in order to make
them more consistent in their approach to mandatory sewer and water
connections. § 18-64 requires connection to sewer if the building is within 300
feet of the sewer line. § 22-71 requires a water connection to buildings on lots
less than 40,000 square feet and less than 150 feet road frontage if the water line
is at the lot line or in a street or easement adjoining the lot line. The Board may
want to consider linking mandatory water and sewer connections to
Comprehensive Plan designations or zoning classifications.
3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY
ADMINISTRATION CENTER, TUESDAY, JUNE 14,2005
ORDINANCE AMENDING AND REPEALING SECTIONS OF
CHAPTER 18. SEWERS AND SEWAGE DISPOSAL AND OF
CHAPTER 22. WA TER OF THE ROANOKE COUNTY CODE
F-~
WHEREAS, the creation of the Western Virginia Water Authority (WVWA)
transferred many of the duties and responsibilities for the regulation of public
sewer and water systems from the County to WV'NA; and
WHEREAS, this transfer of responsibility and authority rendered
numerous provisions of the County Code unnecessary; therefore, this ordinance
amends and repeals many provisions in Chapter 18. Sewers and Sewer
Disposal and Chapter 22. Water of the Roanoke County Code; and
WHEREAS, the first reading of this ordinance was held on June 14, 2005;
and the second reading was held on June 28, 2005.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the following sections of Chapter 18. Sewers and Sewage
Disposal of the County Code are hereby amended and/or repealed as follows:
ARTICLE I. IN GENERAL
* * * *
Sec. 18 2. Sanit3ry facilities for circuses, ShO'.AJE, oxhibitions, etc.
No person sh311 be permittod to exhibit in tho county 3ny side sho~JI, dog 3nd
pony sho\\', tr3ined 3nim31 show, c3rniv31, circus and menagorie or 3ny other
sho'...', exhibition or perform3nco simil3r theroto until such person sh:tll ha\,'c
pro\,'ided adequato 8:tnitar)' facilities for tho personnel of tho sho'.,', moeting \\'ith
the approv::lI of tho county h031th officer.
Tho sheriff is hereby 3uthorized not to permit the porform3nce of 3ny of the
sho\A.'G 3bo\'e roferred to in tho county until 3fter a cortific3tc from the county
health officor, sho'.\'ing th3t tho 3bovo requirements h3'Je boon compliod ':lith,
h3G boon secured.
1
(à
Sec. 18 3. Adoption of m3nu:JI of regulations and policios.
The board of supervisors of the county adopts 3 m:Jnual of regul3tions 3nd
policies ontitled "Design 3nd Construction Stand3rds for S3nit3r)' Se':ler
F~cilities" to ensure uniform design :lnd construction st3nd3rds and to 3ssist the
county and the public in the clarific3tion of rovie\~.', construction, :Jnd inspection of
sanit3ry SOYlor facilities.
ARTICLE II. SE'/'lER CONSTRUCTION
Sec. 18 31. Compliance \\'ith 3rticle; intorprot:Jtion of pl3ns, specific3tions, otc.
^" work under this 3rticle shall bo dona in 3ccord3nce \f,ith pl:Jns and
specific3tions on file in the office of tho dep3rtment of engineering 3nd
inspections. I\ny questions, doubt or misunderstanding of the pl:Jns, profiles or
specific3tions shall bo interproted and decidod by the utility director, 3nd his
decision sh311 in 311 caEOE be final. In order to offectuate the pro'.'isions of this
chapter, the board of suporvisors shall, by resolution, 3dopt :3 manu31 of
regulations 3nd policies entitled "Design and Construction St3nd3rds for Sanit31)'
Sey./er F3cilitiec, II '.~,hich sh311 ha'/o the forco of 13':1. This m3nual sh311 includo,
inter 31i3, stand3rds for tho implemontation of the v3rious scctions of this ch3pter
3nd may include other policies, criteri3, stand3rds and regulations to implement
tho provisions of the se\vor 3nd 8e':.'390 dispos31 ordinance.
Nothing cont:Jinod herein Ehall prc\y'ont the b03rd from conEidorin9 :Jnd adopting
amendments to such m3nu31 3t 3ny time it is deomed appropriate.
Soc. 18 32. Inspections.
The utility diroctor or hie duly 3uthorizod ropresont::tti'/os sh311 inspect 311 '.4Jork
3nd m:Jteri3ls necoss31)' for tho completion of the 'IIark under contr3ct and the
contractor shall furnish him 3nd his inspectors \vith all noeded facilitios for tho
c3rl)'ing out of such inspoction.
2
(-:l
Sec. 18 33. Contr3ctor rosponsible for s3fety of public.
Tho contr3ctor shall b03r full rosponsibility for c::lfoty of tho public in carr)'ing out
his \AJork 3nd Sh311 pro'.'ide 311 s3fegu3rds :Jnd lights necoscary.
ARTICLE III. PRIVATE SEWAGE DISPOSAL SYSTEMS·
DIVISION 1. GENERALLY
Sec. 18 61. Definitions.
For the purposos of this 3rticlo, the follo\\'ing 'Hords 3nd phr3s8s sh311 h3\~o the
meanings rospocti'Joly 3scribod to thorn by this scction:
An app.'"ovod mothod of disposal of human oxcromont:
(3) .'\ flush toilet installod 3ccording to tho county Plumbing Code and
connected to :In approved, properly inst:lIlod soptic t3nk system.
(b) ^ stand3rd pit pri'/Y of concreto or double Vw'ood construction.
Health dop3rtmont. Tho county he:Jlth officor or his duly 3uthorizod
reprcsont3tivo, tho s3nitation officor or plumbing inspoctor.
Inst3!!, .'"op 3 ir, appro'lad :Jnd standard. In accord3nce v.'ith tho spocific3tions and
st3nd3rds est3blishcd '.vithin this 3rticle.
Sec~ 18 62. Use of building \A.'ithout 3pprovod method of disposal of Se'Jl3ge
prohibited.
It sh311 be unla'lJful for tho o'/w'ner of 3ny house usod 3G :) pl3ce of human
h3bit3tion, 3ny 'h'3rohouso, 3ny public building or othor pl3co \vhore human
beings congregate or 3ro employed in the county to use or occupy, or to rent or
leaso tho sarno for the use or occup3ncy by any person, or for any person to use
or occupy the sarno unlesG 3nd until tho hou£e or building Sh311 ha'/e boen
supplied or equipped '¡lith :In 3ppro\/ed mothod of dispOS31 of hum3n excroment
of such construction 3S 'Nill comply '.\/ith tho roquirements of thic 3rticlo.
3
f-~
Sec. 18 63. Permit roquired to install, rep3ir, etc., septic tank systems.
It sh311 be unl3'Mul for :Jny person to install or rep3ir, ha\'o installod or ropaired,
allo'll to be installed or rop3ired or contract to install or rop3ir :1 septic tank
system for 3nother person v/ithout first making :Jpplic3tion to tho health
dep3rtmont for 3 ceptic tank pormit on application forms furnished by the health
dep3rtmont. The 3pplic3tion form sh311 cont3in cloarly :1 description, location and
dimensions of tho land or lot on '.\'hich tho septic tank, distribution 3nd SO'.A/er
piping are to bo installed, tho dimensions of the purific3tion field, the type of land
(such as loam, sandy loam, clay, gravel, etc.), the direction in 'A'hich the 13nd
drains in relation to rCE:or\'oirs, springs and '.vells, ~nd Sh311 be 3ccomp3niod by :3
plot of tho 13nd, '-A¡hen required, shov.'ing the location of the d'Nolling house 3nd all
other buildings, and tho plans 3nd specific3tions of the '/t'hole septic t3nk system
intended to be installed or repaired, and upon 3ppro',,'31 of such application, the
health dep3rtmont sh311 issuo ::1 permit to tho applic::1nt for tho inst311:Jtion of such
septic tank system in accordance \\'ith the plans :Jnd specifications furnished; 3nd
if tho plans are not appro'lod, but the sizo and loc3tion of tho lot 3nd typo of soil
arc suit:1blc for ::J septic t3nk systom, properly pl3nnod, the hC31th dop3rtmont
shall cloarly outline propor plans for the samo and grant the pormit only
according to tho plans so outlinod.
* * * *
Sec. 18 66. Micuse or negloct of cyctoms prohibited.
It shall be unI3'.wul for ~ny oy.'nor or any ton3nt or losseo of 3ny promises
proporly supplied \·.'ith :3 sanit3ry pri'/Y or flush toilet or other 3ppro\,,'od device for
the dispos:lI of human excroment to misuse or noglect tho samo, so 3S to 3I1o\~'
or C3USO it to ce:Jso to be s:Jnital)'.
SecI 18 67. Approval of subdivision systems.
It shall be unl:J'}/ful for any person to start ::1ny nev.' subdivision or housing
de'/olopmont before furnishing in triplic3to plans ::Ind specific:Jtions of the 8o'.ver
4
systom or Se'IJ3ge dispos31 system to be used together with pl:Jns for the
:lnticip:ltod \AJ3ter system to bo used in tho structure or structures. These pl::1ns
and spocific3tions shall be :Jppro''/ed by the health department bofore
construction is started.
f-~
* * * *
DIVISION 2. SPECIFIC,^,TIONS FOR SEPTIC T/\NK SYSTEMS
Sec. 18 91. Gonor3l1y.
^II septic t:Jnks installed or rop3irod in this county sh311 consist of :3 C3St iron soil
pipe, tr3nsite pipe or Orangoburg pipo, an appro\'ed soptic tank, appro'/cd
concreto or vitrified clay pipe distributing so'.\'ers and drain tile seepage system,
consisting of the m:Jteri3ls specified in this di'Jision, and constructed 3nd loc3tod
as required by the plans :Jnd specifications as sho~.\'n on or 3ccompanying the
permit, 3nd as directed by the h031th dep3rtment.
Soc. 18 92. EXC3\'3tions.
/\11 OXc3\'3tions and trenches shall be of sufficient dimensions 3S to permit
se'l.'ers, tanks 3nd othor structures of the size sho'Jln, specified to be properly
placed theroin, according to tho pl3ns and spccific3tions 3S roquired by this
article, 3nd to permit the remo'y'al of any obstructing m::1teri31 \vithin the
purification field or trees located closer th3n ton (10) feet to ~ny p3rt of tho soptic
t:Jnk systom.
Sec. 18 93. Procedure '.vhen unsuit3ble foundation encounterod.
'¡'lhere unsuit3ble found3tion is encountered at tho depth of any exc:::J'.'3tion
sho'.vn on the dra'J/ing or spocified by the health dop3rtment, further Oxc3v3tion
:lnd refilling of exc::lv:Jted spots \4Jith such found:Jtion material as m3Y be directed
by the h031th dep3rtment, is hereby required.
Soc. 18 9~. Inspoction; b:Jckfilling.
5
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1\ representati\'e of tho he31th dop3rtmont shall incpoct soptic t3nk construction
after complotion. Septic t3nk systems sh311 bo b3Ckfillod immodiately after
inspection 3nd 3ppro'l31 by tho hoalth dop3rtment ::tnd C3ro ch:J1I bo taken not to
disturb tho pipes, gr3des, joints or 3lignment by backfilling, or othor\~.'ise.
Sec. 18 95. Pipes 3nd jointing m3teri3ls; grade of house se'/Ior pipes.
Tho house sewer for indi'y'idu31 homos sh311 be constructed of four inch or 13rger
c:Jst iron pipe, tr3nsito pipe, Or3ngeburg pipe or equi'y'3Ient.
1\11 house SO\A/er pipes Sh311 be 13id complete \\'ith 311 jointing m3teri31s and o3kum
38 roquired in joints of concrete or 'litrified Cl3Y pipe if C3mo is a part of 3 SO'Ner
JiRe.:.
1\11 houso cO'.AJer C3st iron pipe sh:dl be jointed \vith IS3d :1nd 03kum or simil3r
jointing m3terial.
All house sevIer pipe Gh311 be 13id 3ccur3tely 3nd shall h3'/e :3 grade of not loss
th:Jn one fourth inch to tho foot, or 3S othor\\'iso specified by the h031th
department 3nd all right anglo bends in the house sower shall bo made '.~.'ith long
S\\'OOP soil pipe oils.
Soc. 18 96. Loc3tion; lot size.
Loc3tion 3nd inst3113tion of the 60':1398 disp0831 systom and o3ch p3rt thoroof
sh311 be such that, 'IJith rC:Json3ble m3intonance, it ',-.'ill function in :I s3nit3ry
m3nnor and will not cro3to :1 nuis3nco nor endanger the safoty of any domestic
\V3tor cupply. In determining :3 E:uitablc loc3tion for tho syctem, considor3tion
shall be gh/on to tho size and shape of tho lot, slope of n3tural 3nd finished
grade, depth of ground '¡later table, proximity to existing or futuro '1.~3ter supplies
and possible oxp3nsion of tho system.
No p3rt of tho se'.~'er other than iron pipe '}lith le3dod joints, the septic t3nk or tho
soopage lines sh:J1I be locatcd so that it is n03rer to 3ny '/J3ter supply than fifty
(50) feet or so that drain3ge of the system m3Y re3ch 3ny domestic ':/3ter supply.
Tho lot size Sh311 be sufficient to permit proper 'oc~tion, inst3113tion and
opor:1tion.
6
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Sec. 18 97 T I
. ) po 3nd compo&ition of system
(3) Typo of system sh311 bo d t' ·
o ermined on ~ b3 ·
ground ".'ater le"el SIS of location permo3bTt
. . ' I I Y and
(b) The systom Sh311 be do ·
dwolling. £Ignod to rocoive 311 sanit::1Iv se"'3 f
J .. 98 rom the
(c) FootiA§ ·
or roof dr31n3ge Sh311 not 0 t
(d) Tho sowago dispos31 systom h In or a~y part of tho E::optic tank GYGtom.
t3nk s't s a I consist of a h
~s om not closer th3n fi"o (5) ft' ouse sowor and a soptic
( ) . ee outside af f ·
o The soptic tank I oundatlon '.vall.
(f s}stom shall consist f
Ischarging into a sub£urf' 0 a soptic t3nk with effl
aco dlsßosal f Ie . uont
soptic tank shall bo providod with a d' t .~o. ' or Into sand filter tronchos. Everv
YO IS n utlon box. J
Soc. 18 98 g ·
. sEign genorally.
Desi€JA ef tFi ·
o septic tank sh311 b
8 I 0 rect3ngular in 1=1
e oss than twico nor moro than th' sapo and tho longth shall not
Rat I roo times tl=le "'ietl=l +
e££ th3n four (1) foet 3nd th f n. he liquid depth shall bo
o roo eea 8 ·
one foot. . r or alrsp3co shall not b I
o ose than
Soc ~8QQ b· ·
. . Iquld C3p3City.
Liquid C3p3city of 311 ·
septic t3nks sh311 be
bedrooms in tho building served 3nd h II basod upon tho numbor of potential
TABLE I G^P^ s a conform to Tabl I R ·
" I .CITY OF SEPTIC +^NK 0 , erorn shown:
+^Bb~ ..
I ~ INSET:
7
f~
No addition::11 building may be connected to any existing soptic t::1nk \A/ithout
securing ::1 soptic tank permit.
Sec. 18 100. Construction genor3l1y.
Construction af tho t3nk sh311 be such 3S to assure it£ being \\'3tertight 3nd
pro'Jent tho entrance of r:Jin \J.'~ter or SUrf3CO dr3in3ge.
(3) The tank Sh31J be constructed of sound and dur::tble m3tori31 not subject to
excessi'lo corrosion or dec3Y.
(b) Adequate 30cese to each compartment of tho t3nk, f{)r inspoction and
sludga rama'/al, shall be pro'lidod by manholes or roma\,'3ble co\'ors.
(c) Inlet and outlot connoctions shall bo £ubmorgod or baffled 38 requirod by
tho h031th departmont to 3ssurc the 1038t possible disturbance in the tank.
(1) Tho inlet pipe Sh311 be t'I.'O (2) inches higher th:Jn tho outlet 3nd b3fflo sh~1I
oxtend approximately six (6) inches bo I 0'1.' 3nd six (6) inches 3bo\'e tho 'Jlater
surf3ce, 3nd the outlot shall extend 3pproxim3tely Þw·¡O (2) feet bolo':, and six (6)
inches abo\,'o the \\'ator surface.
(2) S3tisfactol)' \'onting of the t3nk sh:J1I be provided through tho inlet 3nd main
building st:Jck. The outlet shall be simil3rly ',,'ontcd to provido proper 'lontil::1tion of
8
the dispos31 field or soop3ge pits b3ck into the septic t:1nk 3nd thonco through
the main building stack.
(d) Septic tank 8h~1I bo poured in pl3CO concreto, or prOC3Gt concrete, or
properly coated metal, except 3S pormitted by tho health department.
(1) Concrete soptic tanks, if pourod in pl3co, sh311 be poured '..lith concreto
mixture of 1 2 3 or 1 2 -1 mix, th~t is one part cement, t\A.~O parts s3nd 3nd three
or four p3rts gr3vol, so 38 to produco :3 dense and plastic concrate. Whore the
excav3tion is subject to c3'.'ing, or '.-.'hero the 'N:Jter t3ble is objectionably high,
outside forms 3nd pumping "Jill bo required in order to assure :3 '.vatertight t:3nk.
The \\'-3I1s, top 3nd bottom of tank 3re to be not loss th3n four (4) inches thick 38
sho'A'n on plans. Top and manhole co\'or Sh311 be reinforced \vith stool, a8 sho':¡n
on pl3ns.
(2) Precast concreto tanks shall be of size 3S stated on permit, and m:Jdo with
1 2 3 mixture, that is one p3rt cement, tVt'O p3rts sand ::3nd throe p:Jrts gr3vel. The
vJall sh311 not be loss th::1n three (3) inches in thickness. The prOc3st tank m3Y be
made in t'JIO (2) sections or more '.vith a horizontal h::Jlf 13p joint, cement grouted.
The bottom, or top, 3nd portion of tho side 'I311s shall be pourod monolithicly.
(3) If permitted by the h031th dop3rtment, but not recommended, septic t3nks
of brick or cinder block may be constructed and sh31J bo loc3ted \vith safety in
relation to v.~ater £upplies; 3nd providod further, th3t they conform in detail to
tanks of concrete poured in pl3ce; 3nd further, th3t the bricks or cinder blocks
sh311 be 13id in ::1 workmanlike m3nner, '.vith cemont mortar, 3nd tho inside
pl3stcrod '.AJith one inch of cement mort3r, O\ler 'A'hich 3 c03t of 'lJ3terproofing
shall be applied ::Jnd t3nks and fields located on IO'.~.'er side or ten foet from
building.
(e) Tho follo).ving requirements sh311 apply to the cubsurfaco dispas::J1 fiold:
(1) For the loc3tion of tho di£pos31 field, the diEt3nce gi'lon shall be the
minimum 'Nhich tho disposal fiold can bo loc3tod from the folJo\AJing:
3. I\ny \V3tor supply (except 3S noted belay;) . . . 50 foot
b. Stro3ms . . . 25 foet
c. D\4Jolling8 . . . 10 feet
r.e~
9
d. Trees... 10 foet
e. Property lines. . . 3 feet
It is recommendod th3t soop3g0 pipe bo in ::In unobstructed ::lnd unsh3ded area.
Any oxcoption to the above distances sh311 h3\'O tho \vritton consont of tho hoalth
dop3rtment.
Noto: '.^lhon oxicting \\'olls aro in'lol\Jod or exception311y C03rso 80il form3tions
3re encountored, the fifty (50) fect dist3nce from any '.\'3tor supply shall be
increased and tho ditches sh311 be deeper 3S specified by tho health dep3rtmont.
(2) 1\ distribution box of sufficient size to 3ccommod::Ite tho necoss3F)' field
13terallines Sh311 be inst::3l1od :Jt tho head of o3ch disposal fiold.
3. Each field 13tor31 line sh311 be connected sep3r3tely to tho distribution box
3nd shall not be subdi'.';dod.
b. Tho in\'ort of 311 outlots shall be level 3nd the inlet shall be 31 least one (1)
inch 3bo'/e the outlets.
c. Tho 18'/81 of the outlet invorts sh311 be f{)ur (4) inchos 3bo\'o tho floor.
(3) Minimum ceepage 3rOQ, tot31 flat 3re::I bottom of trcnchos, of tho di6pos31
field sh311 be determined by one of the follo'J.'ing methods.
3. Results of actu~1 percolation test conducted on tho site 3S detormined by
and undor E:uporvision of tho h031th dop3rtmont.
b. Recommendation of tho h031th department based upon oxperionco d:Jta or
percol:Jtion tost, in 'I.'hich C3se requiroments shall be st::1tod on :3 basis of squ3re
feet of :3bsorpti'.'e aroa per potenti31 bedroom r3thor th:Jn lineal feet of tile.
(-1) Con£truction of dicpos31 tronches in fillod ground sh311 not bo pormitted
oxcept ,-vhen 3ccept3ble to the hC:Jlth dop:Jrtmont. Conctruction Sh311 bo in
3ccord3nce '.'lith rocommond:Jtions of tho hoalth dopartment.
~. 1\11 tronches in 3 disposal field shall be the S3me '/Iidth :1nd longth or square
foot3go equalized in each tronch under seep::lgo pipe, 3nd tho follo'JJing
stand3rds shall be required:
1. Minimum number of lines per field, throe (3).
2. M3ximum length of indi'.'idu31Iines, one hundrod (100) foet if gr3'.'ity fad; t'110
hundred Ì\\{enty fivo (225) fect if 3utom3tic siphon i& utilized.
f-~
10
~-Iþ .
r'~·
~
11
1JiI'~
l'~ "A..
q
test&-
12
,:#, ~
,
Soc. 18 131. Compli3nce '!/ith he31th departmont pl::tns ::tnd spocific3tions.
It shall be Unl3\Adul for 3ny person to install ::1 pit pri'/Y in tho county except in
3ccord3nco ':/ith the plans and specifications of tho h031th department, '¡.'hich
shall bo furnishod by the S3mo upon 3pplic3tion~
Sec. 18 132. '/aults.
E'/ol)' priv:Jte s3nit31)' pri'.'y or toilet sh311 cont3in :3 '.'3ult \A.'ithout 3 bottom 3nd
shall be at least throe (3) foet six (6) inchos "lido by four ("1) foot long 3nd fivo (5)
foot high, insido me3suroments, constructed of ono inch sound lumber, or
concrete four (1) inchos thick, or brick e'/only jointed together '.'ith mortar, '.\'hich
vault sh311 bo sunk in tho ground to 3 depth of four (1) foot, tho long \v:JY of tho
top of tho 'J3ult being from front to roar of the house to be placed o\'er it. If built of
lumbor, it sh311 bo onc3sod 3round the top outor edge Vt'ith 2" )( 8" timber sot on
odgo 3nd n3ilod to tho ':Jult. The dirt taken from the excavation on '.,,'hich the
v3ult is sunk sh:J1I bo o'lonly mounted 3round the top of the v3ult.
Soc. 18 133. Flooring.
The house cOt/Dring tho '.,':3ult sh:J1I be pl:Jcod on :3 floor, which floor sh:311 be the
exact size of tho outside of tho v:Jultl including the timber f3stened 3round the
top, :Jnd in 'Nhich floor sh:311 be :3 roct:Jngul:Jr opening t'Nenty six (26) inches long
from front to re:3r :3nd sixteen (16) inches '.vide, the r03r end of tho rect3ngular
oponing to begin four (~) inches from the out£idc of the rear of \'ault. Tho floor
shall bo m3do of :3 sl:3b of properly reinforced pro cast concrete. not loss th3n
t'IIO 3nd one half (2 1/2) inches thick, or reinforced concreto poured in pI3CO. not
los~ th:Jn four ("1) inches thick or of doublo ':¡ood construction with ::1 subfloor of
tV/O inch timber running 3cross tho short '~}3Y of tho t¡ault to 3nd o\'on with its
outer edge, 3nd co'.'erod 3cross the long 'II3Y to 3nd e'/on \vith its outor odge 'I.'ith
sound, soasoned tongue 3nd groo'/e flooring.
Sec. 18 131. Scat box 3nd halo.
13
The outside me::lsurements of the se31 box shall be in '.~Jidth 3nd length the size
of the inside opening in the floor, 3nd constructed of tongue 3nd groove pl3nks,
'....ith tonguo up 3nd sh311 extend through tho floor an inch below tho bottom of tho
floor, supported on tho floor by strips not loss than 1" )( 2", socurely nailod to the
S03t box on 311 sides at tho 10\/01 of tho top of tho floor. The top of the 8e3t box
sh311 be m3do of sound, seasoned tongue 3nd groo'./Q lumber, ::Ind shall contain
a hole 1211 )( 1 0", lengthv.'is8 of the seat; the hole shall begin t'J:O and one half (2
1/2) inches from the outside front of the box, ':.'hich holo Sh311 be cO'/ered by 3
lightly framed self closing lid 'A'ith t'IIO (2) hingos 3t the r03r; the top shall 3160
h3'/e 3 './ont hole four (1) inches cqu3re cut Ì\\fO (2) inches from tho outsido ::It tho
b::Ick 3nd center of the S03t box, \·,hich hole sh311 be co\'crod 'I.'ith 16 mesh
copper '/lire. Thoro shall be 3 2" )( 1" timbor pl3ced 3cross seat box to support
tho top tVlO (2) inches to the r03r of the 603t hole.
Sec. 18 135. Houso.
Tho S03t box, 'l3ult and floor sh311 be covorod by ::1 house built of upright boards
or other suit::Iblo materi31s securely nailed to 2" )( 111 timbers. The houso Sh311 bo
pro'.'idcd \vith a le3k proof roof.
ARTICLE IV. SEWER USE ST ANDARDS*
Sec. 18-151. Definitions.
For the purpose of this article, the words and phrases set out in this section shall
have the following meanings:
* * * *
Control authority for purposes of this article only shall mean the county
3dministrator or hie duly authorizod roprosont3ti'.'e. Western Virginia Water
Authority (WVWA).
* * * *
Plant means the City of R03noke Western Virginia Water Authority Regional
Sewage Treatment Plant.
* * * *
14
f·~
f· d--
P. o. T. W. means a publicly owned treatment works; a Ittreatment workslt as
defined by Section 212 of the Act (33 U.S.C. Section 1292) which is owned by
the county WVWA. This definition includes any devices or systems used in the
collection, storage, treatment, recycling, and reclamation of sewage or industrial
wastes of a liquid nature and any conveyances which convey wastewater to a
treatment plant.
Public sewer means pipe or conduit carrying wastewater or unpolluted drainage
in which owners of abutting properties shall have the use, subject to control by
the county or control authority.
* * * *
User charge means the charge made to those persons who discharge normal
wastewater into the county's WVWA's sewage system. This charge shall include
a proportionate share of any capital improvements to the system (capital costs).
* * * *
Utility director means that official of the Western Virginia Water Authority that is
authorized to enforce its water and sewer rules and regulations, and the
provisions of the sewer use standards.
* * * *
Sec. 18-153. Prohibited discharges generally.
(a) No person shall discharge into public sewers any waste which, by itself or
by interaction with other wastes, may:
(1) Injure or interfere with wastewater treatment processes or facilities;
(2) Constitute a hazard to humans or animals; or
(3) Create a hazard in receiving waters of the wastewater treatment plant
effluent.
(4) Generate heat in amounts which will inhibit biological activity in the plant
resulting in interference, and in no case heat in such quantities that the
temperature at the plant exceeds forty (40) degrees Celsius (one hundred four
(104) degrees Fahrenheit) unless the approving authority approves alternate
temperature limits.
(b) Discharges into public sewers shall not contain:
(1) Antifreeze from vehicle servicing operations. Discharge of glycols must be
approved.
15
(2) Fluoride other than that contained in the public water supply greater than
twelve (12) mg/I.
(3) Benezene, toluene, ethylbenzene and xylene (BTEX) greater than five (5)
mg/I.
(4) Pollutants which create a fire or explosive hazard in the P.O.T.W.,
including, but not limited to, wastestreams with a closedcup flashpoint of less
than one hundred forty (140) degrees Fahrenheit sixty (60) degrees Centigrade
using the test methods specified in 40 CFR 261.21.
(5) Strong acid or concentrated plating solutions, whether neutralized or not.
(6) Fats, wax, grease or oils, from restaurants or other facilities as deemed
necessary by the county WVWA, whether emulsified or not, in excess of 100 mg/I
or containing substances which may solidify or become viscous at temperatures
between thirty-two (32) degrees and one hundred fifty (150) degrees Fahrenheit
(0° and 65° Centigrade).
(7) Total petroleum hydrocarbons in excess of 200 mg/I.
(8) Obnoxious, toxic or poisonous solids, liquids, or gases, vapors, or fumes in
quantities sufficient to violate the provisions of subsection (a) of this section.
(9) Waste, wastewater or any other substance having a pH lower than 5.0, or
any other substance with a corrosive property capable of causing damage or
hazard to structures, equipment and personnel at the wastewater facility.
(10) Waste, wastewater or any other substance containing phenols, hydrogen
sulfide or other taste and odor producing substances that have not been
minimized. After treatment of the composite wastewater, effluent concentration
limits may not exceed the requirements established by state, federal or other
agencies with jurisdiction over discharges to receiving waters.
(11) Antimony and beryllium greater than 1.0 mg/1.
(12) Hazardous wastes.
(13) Trucked or hauled pollutants, except at discharge points designated by
the control authority. Companies that truck or haul pollutants to the county
WVWA sanitary sewer are subject to inspections of their facilities including but
not limited to offices, garages, and buildings used to house the trucks.
f·~
16
(14) Trucked or hauled industrial wastewater, without prior approval and not
meeting all local limits, with the exception that wastewater pumped from
restaurant grease traps may only be trucked or hauled and discharged only at a
designated area at the wastewater treatment plan.
(15) Wastes pumped from oil/water separators.
(16) After treatment of the composite wastewater, effluent concentration limits
may not exceed the requirements established by state, federal or other agencies
with jurisdiction over discharges to receiving waters.
(c) Prohibited toxic materials include, but are not limited to:
(1) Herbicides.
(2) Fungicides.
(3) Pesticides.
* * * *
Sec. 18-156.2. Determination by utility director.
(a) The utility director, or his designee, shall be vested with the authority and
responsibility to enforce the provisions of this ordinance and to make
determinations with respect to the actual or potential illegal or improper
discharge, inflow or infiltration of stormwater, surface water, groundwater, roof
runoff or subsurface drainage into the public sanitary sewer system.
(b) A determination with respect to an actual or potential illegal or improper
discharge, inflow or infiltration of stormwater, surface water, groundwater, roof
runoff or subsurface drainage into the public sanitary sewer system from the
property of a sewer user or any other person shall be based upon the following:
(1) IICategory I defects" are defined as:
a. Direct connections (inflow) to the public sewer of sump pumps (including
overflows), holes in floor drains, downspouts, foundation drains, and other direct
sources of inflow (including but not limited to visible evidence of ground/surface
water entering drains through doors or cracks in floors and walls) as noted during
field inspections by the county utility dop3rtment. WVWA.
b. Failure to allow or complete required inspection(s) to determine compliance.
17
f'~
(2) Category II defects are defined as leaking or sheared laterals or any other
sources of infiltration as noted during field inspections by the Roanoko County
Utility Dop:::trtment. WVWA.
(3) Category III defects are considered to be potential or minor defects that do
not adversely affect the sanitary sewer system at the present time.
(c) The utility director, or his designee, shall provide written notice by certified
mail to the sewer user, property owner or other responsible person of any
violation of this ordinance or of section 18-156 of this Code. This notice shall
describe the nature of the violation, the corrective measures necessary to
achieve compliance, the time period for compliance, the amount of the monthly
surcharge until corrected, and the appeal process.
r-~
Sec. 18-156.3. Surcharge; disconnection.
(a) For structures or property with actual or potential discharge, considered to
be a Category I defect, the sewer user, property owner or other responsible
person shall be given six (6) months to correct the illegal or improper activities or
facilities contributing to the discharge, infiltration or inflow into the public sanitary
sewer system. If corrective measures to eliminate the illegal or improper
discharge, infiltration or inflow into the public sanitary sewer system are not
completed and approved by the utility director, or his designee, within six (6)
months from the date of the notice provided in section 18-156.2(c), then the
county WVWA shall impose upon the sewer user, property owner or other
responsible person a monthly surcharge in the amount of one hundred dollars
($100.00) per month until the required corrective measures are completed and
approved. If the property owner or responsible party fails to pay the monthly
surcharge when due and payable, then the county WVWA shall terminate the
water and sewer connections and service to the property, and disconnect the
customer from the system. During and after periods of heavy rainfall resulting in
actual or potential inflow or infiltration in excess of two hundred (200) gallons per
day, the utility director may in his discretion temporarily terminate the sewer
connection to protect the public sewer system and other sewer users.
18
(b) For structures or property with actual or potential discharge, considered to
be a Category II defect, the sewer user, property owner or other responsible
person shall be given six (6) months to correct the actual or potential illegal or
improper activities or facilities contributing to the discharge, infiltration or inflow
into the public sanitary sewer system. If corrective measures to eliminate the
actual or potential illegal or improper discharge, infiltration or inflow into the
public sanitary sewer system are not completed and approved by the utility
director, or his designee, within six (6) months from the date of the notice
provided in section 18-156.2(c), then the county WVWA shall impose upon the
sewer user, property owner or other responsible person a monthly surcharge in
the amount of fifty dollars ($50.00) per month until the required corrective
measures are completed and approved. If the property owner or responsible
party fails to pay the monthly surcharge when due and payable, then the county
WVWA shall terminate the water and sewer connections and service to the
property, and disconnect the customer from the system. During and after periods
of heavy rainfall resulting in actual or potential inflow or infiltration in excess of
two hundred (200) gallons per day, the utility director may in his discretion
temporarily terminate the sewer connection to protect the public sewer system
and other sewer users.
(c) For structures or property with actual or potential discharge considered to
be a Category III defect, the sewer user, property owner or other responsible
person shall be notified of the results of the inspection. Repairs of these defects
will be considered voluntary at this time. Properties with Category III defects will
continue to be monitored and if the utility director, or his designee determine that
the condition changes, the responsible person shall be so notified~
Soc. 18 156.5. ^ppc:Jls.
(3) ,^..ny SOY.'er user, property o\\'ner, or rosponsible person may appeal a
dotormin3tion of the utility director or his designee by ßubmitting a notice of
f~'~
19
3pp031 to the county 3dministr:Jtor within fourteen (11) days from the roceipt of
tho \vritton notico 3S pro\'idod in section 18 156.2(c).
(b) The county administr3tor sh311 conduct 3 hoaring on this 3ppeal 'lJithin
fourteen (11) days of tho roceipt of this notice of appeal. The county
::ldministrator shall rondor :) docision \\'ith fÍ\,'o (5) businoss days of tho d3tC of the
h03ring.
(c) The notice of apPo31 shall stato the technic31 grounds 3nd objoctionE fur
tho 3ppeal. ,'\t the hearing the county 3dministr3tor shall h03r 3nd in'/estig3to any
objection that m~y be raised and t3ko such 3ction as may be appropriate under
tho facts 3nd circumstancos ost3blishod.
(d) Tho sC'/Ior user, property o\\'nor, or other responsible person m::JY 3ppeal
the decision of the county administr3tor to tho Roanoko County B03rd of
Supcr\'isors by submitting to tho clerk of tho b03rd 3 '.vritton notico of 3ppe31
'JJithin fourtoen (11) days of the receipt of tho county 3dministr3tor's '.'ritton
decision. This notice of 3ppe31 shall ~t3tO the grounds for tho 3pp031.
(0) In 311 othor respects the subst3ntivo ::lnd procodur31 roquiremonts for this
apPo31 sh311 comply with the pro\'isions of soction 15.2 1215, at soq. of the 5t3tO
Codc.
* * * *
Sec. 18-163. Measurement, sampling, etc., and report of discharges.
(a) The owner of each facility discharging other than normal wastewater or
discharging Group A wastewater shall upon the written request of the control
authority submit monthly, or at such other frequency as may be required by the
control authority, to the county control authority, on forms supplied by the county
control authority, a certified statement of the quantities of its wastes discharged
into the sewers and sewage works of the county WVWA or into any sewer
connected therewith. Copies of pertinent water bills may be required to be
submitted with the above statement. Such documents shall be filed with the
county WVWA not later than the tenth day of the following month. A separate
statement shall be filed for each industrial plant. The total quantities of wastes to
20
f-~
be measured and certified by the person so discharging shall be established by
the control authority and shall, as a minimum, include:
(1) Liquid in gallons.
(2) Five-day BOD in pounds.
(3) Suspended solids in pounds, on a dry solids basis.
(4) Total phosphorus in pounds.
(5) Total Kjeldahl nitrogen in pounds.
(6) COD in pounds~
(b) Unless otherwise provided, each measurement, test, sampling, or analysis
required to be made hereunder shall be made in accordance with 40 C.F.R. Part
136, as amended.
(c) In order to provide for accurate sampling and measurement of industrial
wastes, each person discharging Group A wastewater, or other regulated
wastewater if deemed necessary by the control authority shall provide and
maintain, on each of its industrial waste outlet sewers, a large manhole or
sampling chamber to be located outside or near its plant boundary line, where
feasible. If inside the plant fence, there shall be a gate near the sampling
chamber with a key furnished to the county. There shall be ample room provided
in each sampling chamber to enable convenient inspection and sampling by the
county. In order to meet the intent of this chapter, and to minimize disruption of
developed property, all non-residential users or facilities shall be required to
install a sampling chamber on its outlet sewer for all new facilities, remodeling of
existing facilities, change in use, or upon the control authority detecting any
violation of this article.
(d) Each sampling chamber shall contain a Parshall flume, accurate weir or
similar device, with a recording and totalizing register for measurement of the
liquid quantity; or the metered water supply to the industrial plant may be used as
the liquid quantity, where it is substantiated that the metered water supply and
waste quantities are approximately the same, or where a measurable adjustment
can be made in the metered supply to determine the liquid quantity.
f~~
21
(e) Composite samples shall consist of samples taken at least every hour for
the time period required by the facility's permit using flow proportional or timed
composite sample collection methods. Such samples shall be properly
refrigerated. For oil and grease, pH, phenols, cyanide, volatile toxic organic and
other appropriate pollutants, property grab sampling shall be performed. Such
sampling shall be repeated on as many days as necessary to insure
representative quantities for the entire reporting period. Industrial plants with
wide fluctuations in quantities of wastes shall provide an automatic sampler
paced automatically by the flow-measuring device.
(f) Minimum requirements for representative quantities under this section shall
include reevaluation during each twelve-month period. The determination of
representative quantities shall include not less than seven (7) consecutive days
of twenty-four (24) hour composite samplings, taken during periods of normal
operation, together with acceptable flow measurements. The frequency of
sampling, sampling chamber, metering device, sampling methods and analyses
of samples shall be subject, at any time, to inspection and verification by the
county. Sampling and measuring facilities shall be such as to provide safe
access for authorized personnel of the county for making such inspection and
verification.
(g) Plans for sampling chambers, with their locations shown on a site plan,
shall be submitted to the county for approval.
(h) All owners of facilities governed by this section shall also comply with any
applicable monitoring requirements and regulations established by the control
authority which are hereby incorporated by reference.
(i) All owners of facilities governed by this article shall comply with the
applicable requirements of 40 C.F.R. 403.12, as amended, which is incorporated
by reference herein, as amended including, without limitation, the signatory,
certification and record keeping requirements of 40 C.F.R. 403.12(c), (d), (i), and
(I). All records shall be retained for a minimum of three (3) years and this
retention period shall be extended during litigation or upon request of the control
authority.
f~~
22
ü) Sampling for discharge limit compliance shall be taken at the sampling
chamber without any dilution factor except for properly classified categorical or
significant users.
(k) Sampling for prohibited materials may be collected at either the sampling
chamber or end of process to determine the absence of
f-~
Sec. 18-166. Charges generally.
Persons making discharges of industrial waste shall pay a charge to cover the
cost of collection and treatment in addition to capital costs. When a permit
application for industrial waste is approved, tho county or its authorized
roprosont3ti'/e control authority shall issue a permit stating:
(a) The terms of acceptance by the county control authority; and
(b) The basis of payment.
Sec. 18-167. User charges and added costs.
(a) If the volume or character of the waste to be treated by the plant meets the
requirements of other provisions of this article and does not cause overloading of
the sewage collection, treatment or disposal facilities of the county, the control
authority shall require that the discharger pay a charge to be determined from the
schedule of charges which shall include capital costs.
(b) If a proposed discharge of waste is responsible for exceeding the existing
capacity of the wastewater treatment facilities and the wastewater treatment
plant must be upgraded, expanded or enlarged in order to treat the wastewater,
the control authority shall require that the discharger pay in full all added costs
which shall include capital costs the county WVWA may incur due to acceptance
of the wastewater.
(c) The schedule of charges pursuant to subsection (a) of this section shall
include, but not be limited to:
(1) Capital costs, including debt retirement and interest on debt, of the county's
WVWA's cost on all capital outlays for collecting and treating the waste, including
23
new capital outlay and the proportionate part of the value of the existing system
used in handling and treating waste.
(2) Operation and maintenance costs (capitalized), including but not limited to,
salaries and wages, power costs, costs of chemicals and supplies, proper
allowances for maintenance, depreciation, overhead and office expense~
(")-
Soc. 18 168. Schedule of charges.
(a) Persons disch3rging '.A,,(3ste'llater shall pay :) chargo to co'.'er the capit31
cost and the cost of collection and tre:Jtment of all '^'aste\~'3tor discharged.
(1) /\11 Class I users discharging normal 'll3ste"/3ter or Group B '"v3ste'/,'3tor
sh311 P3Y :J user chargo computod upon cost per volume of w3ste\A.'ater
disch3rged.
(2) 1\11 Class II users disch3rging Group !\ \AJ3sto'.v3tor sh311 ha\'e their usar
charge computed upon:) cost per unit '/olumo b3sis for tho base :.mount plus the
unit cost of treatment for 311 o\'er the b3se 3mount for '.'olumo, biochemical
oxygen demand (BOD), suspended Golids (5S), phosphorus (P) :Jnd total
Kjeldahl nitrogon (TKN). In computing tho contaminant loading, the parameter
concentrations for normal 'A'asto'lJ3ter '.\'ill be considered :JS standard strongth in
determining the b:Jse amount in the effluent disch:Jrge flo')I.
Initially, the responsibility for determining the cont3min3nt loading for each
c3tegof)' of establishment \·,ill be that of tho control authority. Ho'..,e'Jer, e3ch
est3blishment must \'orify its O'l/n contamin3nt 10:Jding monthly by initiating a
s3mpling 3nd 3n31ytic:11 progr3m 3t itf: o'fln oxponGo 3nd v.'ith tho 3ppro'l31 of tho
control authority.
(b) The unit costs to be used to computo tho chargo for Class I and II users
shall be ost:3blished by tho 3ppro'/ing authority. The unit costs for :311 users and
the 3I1o'/¡3nCeS for normal '/I:3ste'l.'3ter for usors m3Y be rO'Jised :3S necoss3r)' to
correspond to current costs 3nd oxperience. Rovisions may be m3do, no more
often th:ln once ::1 year, upon :lppro\'::11 of the control 3uthority. Tho user ch3rge
for users shall be computed 3S foIlO'tJs:
CI::)f~s I Users: C u - \/ u x \.' d
24
().,
25
(~
26
f.. "~,
(d) Connection fees. Tho tot31 se\AJor connection feo sh311 consist of costs and
considerations :Jscoci3tod 'I.'ith (i) :1 b::1sic connection foo; (ii) :In off sito facilities
foe; (iii) ::1 pump station mainton3nco fee; 3nd (i\') 3n off site 3nd oversized line
crodit policy:
(1) 83sic connoction fee. Tho basic connection fûe fur 311 applicants is to
reCO'Jor tho cost of the service connection or &or\'ico t::1p. The basic connection
foo Sh311 be 3scessod 311 connectorß and the payment shall 3ccomp3ny the
3pplic3tion for connection to tho se\&.'er system.
(2) Off site facilities foo. The off site facilitiec foo for ~II 3pplic:Jntc ic to rOCO'ler
tho cost of 311 prosent and futuro capital f3cilities and impro\'emonts to the se't.'er
system constructed by or on behalf of tho county. Up to one h~lf of the off site
facilitios foe 't.'ill bo subject to tho off site 3nd o',{orsized lino credit policy. The off
site facilitios fee sh311 be as~essed 311 connoctors and the p3yment sh311
3ccomp3ny tho 3pplic3tion for connection to 3n existing or proposed
establishment of :3 sewor systom.
27
(3) Pump station maintenance fee. The pump station maintenance fee is to f- J.-
roco\'er the 3ddition:31 costs 3ssoci3ted 'Iith county maintenance of :3 Se\&J3ge
pump station, including but not limited to daily monitoring, electric:]) expenses,
and periodic replacement of pumps and other equipment. The pump st3tion
m3inten3nce fee sh311 be 3ssessed 311 connoctors to be served by a se'Nage
pump st3tion m3int3inod or to be m3intained by the county and the payment
shall accompany the application for connection to an existing or proposed
establishment of a se\\fer system.
(4) Off site and oversized line credit policy. i^.. credit \A/ill be allo'/.'ed against the
off site facilities fee f<>r off site extensions of :3 se\\'er line in oxcess of three
hundrod (300) foet :3nd/or inst311ation of line size in excess of minimum lino size
required by the county. For :3ny off sito extonsions in :3 public right of '.f3Y or
e:3sement adjacent to the o\&Jnor's/3pplic:3nt's property, crodit ',.'ill be 3I1o'A'od
against the off site facilities fee only for se'A'er line size in excess of the minimum
di3meter required by tho county. No credit \A,ill be allo'"ved ",here a line size
gro3tor th3n tho minimum di3moter size is required to 3doqu3tely ser\'e the
o'.\'nor/3pplic3nt. Credits sh311 be limited to ::1 maximum of twenty five (25)
percent of the 3mount 3ssessed for tho off site facilities fee and are subject to
funds being 3ppropriatod and 3',,'ail3ble for credits '.A/ithin tho se\\'or off sito
f3cilities foo fund. Credits sh311 be computed based upon the most recent bids
receiv:ed by the county for construction of similar se\ver facilities.
(5) The b03rd of supervisors m3Y 3uthorizo the utility director to enter into 3
reimbursement 3greoment with 3n o\\'nor/3pplic3nt for off site facilities \\'hich
m3Y bo requirod by tho county, 3nd 't/hich are not 3ddrossod by tho off sito 3nd
o\'orsized line credit policy.
(6) Tho tot31 connection fee shall be paid 38 follo'NS: t'.4.'enty fi\'e (25) porcent at
time of plan approv31, seventy five (75) percent (b313nce) upon tho o3rlior of
either the 3pplic3tion for building permit or prior to occup3ncy or se'Ner use by
the f3Cility. \^/hen tho off sito f3cilities fee is incro3sod, tho 3pplicant may P3Y the
rem3ining balance of the prior fee beforo tho offocti'.'o date of the ne'A' f-Go.
28
There3ftor, tho romaining b313nco shall be c31cul3ted on tho foo that exists 3t the
time tho balance is p3id.
(0) Inst311::ttion payments. Any lando'lJnor m::ty, ::It his option, request in '"riting
on forms provided by tho county, to bo :Jllo'.vod to make p3ymont on tho off sito
facilities too portion of the connection faa, in thirty six (36) monthly inst3l1monts,
pro'./ided that:
(1) The amount of such fea sh311 be increased by t\venty (20) percent.
(2) Tho 13ndo\·lner shall execute a contr3ct \AJith the county for afores3id
installment payment 3 note o\'idencing such obligation in 3 form 3pprovod by tho
county attorney setting forth tho 3mount and number of payments to be m3do
togethor \AJith othor such terms 3nd conditions deemod necoss3ry 3nd
3ppropri3te by tho p3rties thereto. Such contract sh311 be rocorded in tho office of
the clerk of circuit court of tho county.
(3) The county sh311 h3'/e the right to collect such payments in the Game
m3nnor 3S pro'.'idod for collection of se\ver ser\'ico charges together \AJith other
moans 3S set out in the se'I.'er contr::Jct.
(4) Such note shall be paid in full prior to the tr3nsfer of title to 3ny land for
'IIhich se\vor sOr\'ice ',Alas pro",'ided, and if the same are not paid in full by tho d3te
of tr3nsfer, the county Sh311 have tho right to discontinue servico 3nd remo'.'o 311
of its f3Cilitios and require payment of the full amount of tho connection foes
pre'J3iling 3t th3t timo, 38 if service h3d nevor been installed
(f) Authority of b03rd of supervisor& to \¥3Ï'.,'0 connoction foes.
(1) The b03rd of supor\'isors may, by rosolution, \\~3i'/O ::1 portion of tho
connection teas for so\vor f3cilitios inst:3l1od under feder31 or st3te fundod sevIer
projects. The portion of the tee th3t is 'N3i'.'ed Sh311 bo indicated 3S county
fin3ncial p3rticip3tion in the 80',~ler projoct.
(2) The b03rd of supervisors may, by resolution, 3uthorizo 311 or :3 portion of
the off site f3cilitios foe to bo paid from the gonor31 fund tor those commorci31 or
industri31 O\A¡ners (3pplicants) ':¡hich tho board of suporvisors detorminer; \vould
be in tho best intorost of the county's oconomic development 3nd 'A'hich \\'ould
gonor3te significant omployment.
r~
29
(9) Minimum connection foo. Tho minimum connection fee for any connection
,-viII be that establishod for :3 fivo oighths inch '.\~3tcr meter.
(h) Schedule of connection fees. Tho tot31 connection fee is the sum of tho
b3Sic connection fee ('.vhich is based upon sewer sorvico to one equi\'3lent
rosidenti31 connection or "ERC") plus tho off sito facilities fee (,,¡hich is
determined by ERC, type of ser\'ico 3nd effectivo d3te), 3S indic3ted in tables I
and II, and tho pump st3tion mainten3nco foo, if 3pplic3ble.
Basic Connection Foc: Tho basic connoction fee is one hundred dollars
($100.00) 3nd includes county personnel inst311in9 tho physic:J1 t3p to tho seVior
m3in 3fter exca'.'3tion by the customer.
T 3blo
Off site F3cilitios Foe
T I\BLE INSET:
f-~
Table II
The off site facilities fee for 311 other applicants '-"Jill be b3sed on meter size :JS
follov/s:
T/\BLE INSET:
30
f'-~
31
quarter for residential service. Such r:Jtes or charges shall be b3sed on the
schedule of ch3rges est3blished in this ch3ptor.
(k) The pro'/isions of this section, :Jnd the r3tes and foes ost3blished hereby,
shall be effecti\'e from :Jnd :Jfter September 1 , 2002.
(~
Soc. 18 169. Adjustmont of ch3rgos.
(3) Tho county may adjust chargos 3t least annually to rofloct changes in tho
ch3racteristics of 'tJ3ste'l¡3ter based on tho rosults of sampling 3nd testing. This
3djustmont '.,'ill correspond to charges established by the operating authority for
the tre3tmont plant.
(b) The county sh311 ro'.'is'..; at least :3nnu3l1y the basis for determining ch3rges
3nd Sh311 adjust tho unit tre3tment cost in tho formul3 to reflect incre3ses or
decreases in Y.'3ste\\'3ter troatment costs b3sed on tho pre'Jious Y03r's
experience.
Sec. 18 170. Billing and payment of charges.
(:3) The county may bill the discharger by tho month or by the quartor 3nd sh311
shoy.' '/3ste charges as a separate item on tho regular bill for ',..,ater :Jnd se'/Jor
charges. The disch3rger shall pay in 3ccord3nce \vith practicos existing for
payment of SO\AJor chargos.
(b) In addition to sanctions pro\'ided for by this :Jrticlo, tho county is ontitled to
exorcise sanctions pro'lided for by tho othor ordin:Jncos of tho county for f3iluro
to P3Y the bill for \"3ter 3nd s3nit31)' SO\A/Or service ,,¡hen due.
Sec. 18-172. Authority to disconnect service.
(a) The county Western Virginia Water Authority reserves the right to terminate
water and wastewater disposal services and disconnect a customer from the
system and revoke any discharge permit issued under this article when:
32
(1) Acids or chemicals damaging to sewer lines or treatment process are
released into the sewer causing rapid deterioration of these structures or
interfering with proper conveyance and treatment of wastewater;
(2) A governmental agency informs the county Western Virginia Water
Authority that the effluent from the wastewater treatment plant is no longer a
quality permitted for discharge into a watercourse, and it is found that the
customer is delivering wastewater to the county's Western Virginia Water
Authority's system that cannot be sufficìently treated or requires treatment that is
not provided by the county Western Virginia Water Authority as normal domestic
treatment; or
(3) The customer:
a. Discharges industrial waste or wastewater that is in violation of the permit
issued by the approving authority;
b. Discharges wastewater at an uncontrolled, variable rate in sufficient quantity
to cause an imbalance in the wastewater treatment system;
c. Fails to pay bills for water and sanitary sewer services when due; or
d. Repeats a discharge of prohibited wastes into public sewers.
(4) The permittee has engaged in fraudulent reporting to the control authority
or failed to report adequately as required changes in discharge.
(b) If the service is disconnected pursuant to subsection (a)(2) of this section,
the county Western Virginia Water Authority shall:
(1) Disconnect the customer;
(2) Supply the customer with the governmental agency's report and provide
the customer with all pertinent information; and
(3) Continue disconnection until such time as the customer provides additional
pretreatment or other facilities designed to remove the objectionable
characteristics from his wastes.
* * * *
Sec. 18-173. Notice of violations.
33
/\
f' . v~"
The county Western Virginia Water Authority shall serve persons discharging in
violation of this article with written notice stating the nature of the violation and
requiring immediate satisfactory compliance.
The control authority shall have the authority to publish annually in the Roanoke
Times and World News Newspaper or a newspaper of general circulation in the
Roanoke area a list of persons which were not in compliance with the terms of
this article at least once during the twelve (12) previous months.
f-·'~
* * * *
2. That the following sections of Chapter 22. Water of the County
Code are hereby amended and/or repealed as follows:
Sec. 22 1. Existing provisions continued in effect.
Nothing in this Code or the ordin3nce adopting this Code sh311 3ffoct tho
pro'lisions of Ordin3nce No. 3128, 3dopted on May 3, 1 982, \~.'hich 3ddod ch3ptor
8.3, entitled n'^/3ter Impoundment S3foty Codo/' to tho 1971 R03noke County
Code, or 3ny 3mondmont thereto; 3nd 311 such provisions 3nd ordin3nces 3re
hereby recognized 36 continuing in full force 3nd effect to the 83me extent 36 if
set out at length in this Code.
Sec. 22-2. Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
* * * *
Diroctor'. The county utility director or designated repre6ent3ti\'e.
* * * *
Utility director means that official of the Western Virginia Water Authority that is
authorized to enforce its water and sewer rules and regulations, and the
provisions of the sewer use standards.
* * * *
34
r--?-
Sec. 22 3. Utility diroctor.
The utility diroctor shall ha\'o tho genoral management 3nd control of the \vater
'J.'orks :Jnd tho propertios :Jpportaining thereto. Tho director sh:J1I be responsible
for m3intenance of pl:Jns and existing records.
* * * *
Soc. 22 5. /\pplicability.
This ch3ptor shall not apply to 3ny '.vater systom ser\'ing t'tJenty five (25) or less
indi'¡iduals or, in the caso of residential consumers, to fifteen (15) or loss
connections at tho time of the adoption of tho chapter.
Sec. 22 6. Roduction of r3tes.
(a) Tho fin3nco director is heroby authorized to de\'elop, publish and
implement rules and rogul3tions to pro'/ide f{)r tho reduction of rates imposod by
tho county for tho doli'.'sry of 'l.'3ter ser\'ice by tho county. The reduction of rates
shall be b3sed upon demonstrable hardship 3nd inability to P3Y and shall be
consistent \~,ith this section.
(b) The finance director shall, upon app!ic::1tion m::1de and 'A'ithin the limits
pro\'idod in this soction, gr3nt :) reduction of the '.\'ater r::lte for d'IJollings occupied
38 tho 8010 d'llolling house of 3 person (utility customer) holding title or p3rti31 title
thereto or a le3soho!d intorost 'A'ho is not loss than sixty five (65) Y03rs of 3ge or
tot311y 3nd perm3nently dis:Jbled. /\ d'A'elling unit jointly o\AJned or leased by a
husband and v.'ife may qualify, if either spouse is Q'.'er sixty fi'/o (65) Y03rs of 3g0
or is permanently and tot311y disabled.
(c) Reductions pro'lided for in this section shall be granted only if the follo'.ving
conditions ::Ire met:
(1) Th3t the tot:)! combinod income, during tho immediately preceding c31end3r
yc::¡r, from all sources, of the O\Aw'nor or lossoo of tho d'lJelling and his relati'/os
35
living therein did not exceed the amounts provided in section 21 73 of the r'" ~,
R03noke County Code.
(2) Th:Jt the o'.vner and his spouse or le£soo :Jnd spouso did not have a total
combined net 'J.'orth, including :]11 equit3blo interests, exceeding the amount
pro\'ided in section 21 73 of the R03noke County Code as of December 31 of the
immediately preceding calond3r Y03r. The amount of net 'l.'orth specified horein
shall not includo the '/:]luo of tho solo d\A.'olling house and up to one 3cre of 13nd.
(3) Th:]t tho 3mount of "Jater used is less than nine thous3nd (9,000) g3110ns
per quarter.
(d) /\ny person granted an exemption from the t3X on r031 property 3S pro'.,'ided
for under Di'.'ision 3 of ,^,rticle III of Chapter 21 of the R03noke County Code shall
be granted ::1 reduction in '.'3tor r3tos. Th3t 3ny other person seeking a reduction
of 'II:]tor r3tes under this section shall utilize the forms and folio'...' the procedures
under Di'.'ision 3 of Article III of Chapter 21 of the RO:Jnoke County Code, except
3S modifiod by tho fin:Jnco director.
(0) The amount of tho reduction pro'.'ided for in this soction is that portion of
the "later rate 'A'hich represents 3n incr03S0 in r3tes since the fiscal year ending
June 30, 1991, or the ye:Jr the person r03ched 398 sixty fi'.'e (65) years or
became disabled, \\'hiche\'or is later.
(f) Ch3nges in respect to income, financi31 '.\'orth, o'.vnership or leasing of
proporty or other f3ctors occurring during the year for ,-,,'hich 3n affid3'.'it or
3pplic3tion is filed pursu:Jnt to this section, 3nd having the effect of exceeding or
viol:Jting tho limitations and conditions pro'iidod in this section, sh311 nullify 3ny
reduction for the then current year and the year immediately follo'.4Jing.
(g) /\ change in 'I.'ater usage exceeding the limitations of this section shall
nullify 3ny reduction for tho then current quarterly billing cycle.
(h) Tho utility enterprise fund sh:J1I be roimbursed 3nnu311y by the general fund
for tho 3mount of rate reduction in excess of thirty thous3nd doll3rs ($30,000.00)
under the 3uthority of this section.
(i) ,^,n eligible person (utility customer) 3pplying for :J reduction on or before
December 1, 1991, shall utilize tho r:Jte in effect Juno 30, 1991; for 3pplic3tions
36
recei\~ed 3fter Dssa e ~
f ,. m er ,1991, the rate utilized shall be tho rate in offoct at th
Imo of application. 0
f-~
!\RTICLE II. W/\TER SYSTEMS
DI\/ISION 1. GENERJ\LL Y
Soc. 22 31. Exp3nsion 3nd
est3blishment /\pprov31; connoction 3nd
con'/oY3nco to county.
(3) No 3pplic3nt shall supply '.vater in tho t / ·
h coun} until tho wator svstom has
t;loon a ;) ;)ro"ed ey tA s' J
. e ¡rector. Should any '''Jatar cyclo b s"
S. m 0 -lsappmHes ey tA
¡rector, written notice of the reasons therefor shall b'" y. e
.. . . 0 gl yon to tho applicant. If
no 3ctlon IS takon 'Nlthln ninoty (90) d3 / f
with the county th h .. )s rom tho dato tho application is filed
, en suc 3ppllcatlon shall be deemed to bo 3ppro"sd
(b) (1) \lVhero an applicant has previously ostablish d 'AI y ·
e a ..ater system 3nd
propo~os to expand such svste~ I"n t&....
J rTl ~He county tt=le r
approval, agroo to oithor: ' app Icant shall, prior to
::1 'A/ReFs " r
. .. 3n OXIC In9 supply exists, sell 'A'ater to the county for ::1 spocif d t·
seA'~ev ts th 10 ra-o
. J ..e county the ne\\/ BVBtem axcl '" :! I
J , UBI.O at 3ny SIdf3ßly SF st f· ·
together with appurtenant real estate at t orago aClllty
f' ' no cos to tho county; convoy at tho cost
o construction tho exp3ndod su I
an rt pp y and storage facility together with the
,..,pu onant roal ostate and 3 / ·
P ~ ::1 connection foo in 3ccord3nco \A'ith th
schodulo of current chargos for initial water connections' or .. e
b. VVhoro a A ,.. I · I
n e.. suppl} IS to bo dovolopod, build and convoy to the count I at
o cost, the comploto intornal distribution system within tho t )
seA" , t tR aroa -0 bo sorves'
yoy 0 e county at cost all woll lots on UI · y I
utilized in tho s\lstom \A'olls t~ ..hlch aro locatod oxisting wells
J , .. or O~Her sldßßly tF t t
311 3ppurton3nt real t t T ' oa men plant, storago facilitios and
es 3 8. -rho county sh311 Ra\/8 tt=l ·
tho :Jpnlic3nt in -Io\/olocl' .y 0 option to participato with
t-' t;;I. p·ng::1 nO\AI sUf3ßII e ·
test pum . . .. y Y paYing one half the cost of drilling,
ping and chomlc31 ::1n3lysis, such costs to bo rei ·
from connection f-cos if the I ' , mbursed to tho applicant
suppl~ IS determlnod by the director to b e
o ~~oquate
37
(-~.
38
c. In liou of 3. 3nd b., the applic3nt m3Y convoy, 3t no cost to tho county, the
ne'.\' vl3ter system 'l.'hich 'Hill Ger\'e the exp3nded 3r03 3nd pay a connoction foo
oqu31 to tho actual cost of tho motors.
Tho roquirements contained in p3r3gr3phs (1) 3nd (2) above may bo \llai\~od by
the b03rd.
~'\
r - f'_,
Sec. 22 32. S3me ,^,pplic3tion; compliance \'lith provisions.
Except as here3fter noted, the :Jpplic:Jtion for a ne\v '.vater system or for the
extension of :In oxisting '.vater system sh311 be m3de in 't.'riting, shall state in
dot3il the type of ".~3ter supply, the number, n3ture 3nd loc3tion of connections
proposed to be ser'led 3nd sh311 be 3ccomp3nied by scale dra'.4/ings sho'.ving
location and capacity of pumping st3tions, treatment pl3nts and stor3ge f3cilities,
3nd pipe sizes and materials of the proposod \\(ator distribution f3cilities;
including mains, \'31\'86, fire hydr:Jnts and other appurton3nces together "lith
such other inform3tion :Ie the director m3Y require.
It shall be unla'.vful for 3ny person to begin construction of :3 \\~3ter system in 3
ne\\' subdi',;'ision or exp3nsion of :3 'I3ter system in 3n existing subdivision,
housing de'Jelopment or complex prior to submission 3nd 3ppro'.'al of the pl3ns
for the '.V3ter system therein having been obt3ined from tho director. No novI
water system or extension of 3n existing ').'3tor system in the county 6or\'ing or
being c3p3ble of sCr\'ing three (3) or morc living units sh:311 bo opor3tod until all
pro\'isions of this chapter 3ro complied \A/ith by tho 3pplic3nt, except ',A/hen such
system is in 3n 3gricultur31 zona 'Nhere the tot31 dO'/alopmont \vill consist of loss
th3n fifteen (15) units or in rosidentially zoned 3reas \\'ith lot minimums of forty
thous3nd (40,000) squ3ro foot and one hundred fifty (150) foot of r03d frontage,
3nd the total de'Jelopmont will bo loss than fifteon (15) lots.
Soc. 22 33. S3mo Foes; bond; 3S built pl3ns.
/\11 3pplications for a ne'J.' '.\'3ter systom or an extension of an existing \vater
syctom 38 definod in scction 22 2 of this ch3ptor sh311 comply \\'ith the follo'lling
roquiremont~:
39
~.~
40
Perf-ormance testing of wells shall be in accordance with ^\^/Wl\ /\ 100 81 r ~ ~
St3nd3rd for 'I'l3ter 'P/etts, Section 10. Tho step dr3'.\'dov.'n ::lnd constant r3te tost
sh311 be used to determine the maximum safe yield for thirty (30) d3Y& of
continuous use. The forty eight hour pump test required by the state shall bo
performod after tho ,^..V\".^I,A, tost. The actual \~¡ell C3p3City usod to determine tho
m3ximum oquivalent residential connoctions shall bo tho lesser of quantity
determined by tho ^V'/'^//\ step dr3\\'do)JJnlconstant rate test or the forty eight
hour st3te requiremont test.
All 'llell pump tests shall be scheduled '.."ith 3nd observod by the utility director or
his dosign3ted reprosentative.
Sec. 22 36. Stor3ge.
Stor3ge shall be in 3ccordance ').'ith the st3tO rogulations. Stor3go t3nks shall be
loc3ted as sho).."n on :3 plan of the system.
Sec. 22 37. Dosign of mains; '.~31\'es and hydr3nts.
,AJI mains, '.'3Ives, hydrants, fittings and 3ccessories shall be designed to
'.vithstand :3 norm31 'I.'orking pressure of not loss than one hundred fifty (150)
pounds per square inch 3nd sh311 conform to the spocifications of the Amoric3n
V'l3tor '!'Jorks Associ3tion, st:Jte regul3tions and county specification& 3nd
st3ndards 3doptod by the board and in effect 3t tho timo of apprO\'31.
Sec. 22 38. Permits for use of hydrants.
lA, permit sh311 be required prior to t3king :Jny 'I.'~ter from :J firo hydr3nt o':.'nod,
maint3ined :Jnd ser\'iced by tho county. Tho pormit m3Y be obtained 3t the utility
officc. The foe for Euch permit sh311 be :1S est3blk:hod by the bO:Jrd of
super\,'isorB, :1nd each I03d shall not exceed five thouS3nd gallonB. ,~ny '.'ioI3tion
of this section 'Hill bo grounds for re'/oking the pormit. Nothing cont:Jined in this
section shall be construed to roquire 3n ostablished firo comp3ny to secure such
permit.
41
f~~·
Sec. 22 39. Inst3113tion of mains, meters, etc.
1\11 inst3113tions and m3tori::1ls shall be in 3ccord::1nco '~.'ith tho American '.^J3ter
V'lorks J\ssoci3tion spocific3tions, state regul3tions 3nd county spocifications and
st3nd3rds together '/lith 3ny speci31 supplement31)' instructions issued by tho
m3nuf3cturors of the equipment being inst3l1cd. Mains Sh311 be inst3110d ',,\'ith :)
minimum of three (3) feet of 83rth cover. Each meter one inch or loss in size sh311
be inst3110d in ::1 yoke or meter sottor ',,\'ith ::1 '.'al'.'8 at tho supply ::1nd dischargo
end, and br3nch pieces for double moter settings shall be used 'A'horo\(er
possible. Meter boxes shall be set at least t':,,'enty four (21) inches deep and sh311
be 18",'81 'h'ith the top of the finished gr3do.
Soc. 22 40. Testing of w3tor m3ins.
,^,II v.'ater m3in joints, \'3h,'os and fittings sh311 be tested under norm31 oporating
'"./ater pressuro 3nd 311 leaks correctod before tho joints, '¡:JIves 3nd fittings are
covered. If tho director detorminos it is necess3ry to CQ'/8r any such m3ins or
portions thereof before such test, he Sh311 prescribe :In 3ccept3ble test 'l/hich
sh::111 be m3do by tho holder of tho permit. Disinfoction ::1nd bacteriologic31 teE:ting
sh311 be in 3ccord3nce vlith St3to rogulations.
Sec. 22 11. Notico of construction of m:Jin.
The 3pplicant Sh311 notify the utility office of the proposod inst311::1tion of :Jny ',,\'3ter
m3in or facilities 3t least t'IIenty four (21) hours prior to commencement of
construction of such m:Jin or f3cilities.
Division 2. County WVWA Water System
* * * *
Sec. 22-71. Connection required.
Except as provided below, all occupied buildings located within the county on lots
having less than forty thousand (40,000) square feet, less than one hundred fifty
42
foot road frontage where the county WVWA owned water system is at the lot line, (. ~
or within a street or easement adjoining such lot line, shall be connected with
such system. The connection fee shall be in accordance with the current
schedule of charges for initial water connections. The owner or tenants
occupying such buildings shall use the county owned system for water consumed
or used in and about the premises on which such buildings are located. The
provisions of this section shall not apply to occupied buildings located on lots
utilizing a water supply in existence at the time this chapter is adopted. Should
the owner of the water system desire to replace such water supply or should he
desire to make repairs exceeding twenty-five (25) percent of the replacement
cost of the entire water system, such owner shall conform to the requirements of
this chapter.
* * * *
Sec. 22 73. '.^./3tor short3ges ,^,uthority of director.
The director is horeby authorized to docl3ro omergencies in any or all 3re3S
suppliod by the county 3ffecting the use of '/t'3tor during 3ny period in '.vhich, in
his opinion, there is 3 "/3ter short3gc. In docl3ring such omergency, the director
shall immedi3tcly post :1 '.\'ritten notico of emergency 3t the front door of the
courthouse ::1nd 3t three (3) prominont places in the affected 3re3S.
Soc. 22 7 ~. Sarno Limit3tions on use.
It shall be unl:J\Alful for 3ny person ':.'hose '.'"ater supply is furnished from 3 county
o'.\'ned or county opor3tod '.v3ter system, during 3ny docl3red emergency, to
'.~.'3ter or sprinkle 1:J'.\'ns, g3rdons or to use w3ter for :Jny purposo not r03son3bly
essenti:J1 to health during tho period of time for \\'hich such emergency h3f; been
declared.
Sec. 22 75. Right of entry of sef\'ice man.
E\'oF)' person occupying 3ny parcel of 13nd served by :3 county 'JJ3tor system
sh311 permit 3uthorizod 3gonts of the county to onter upon cuch p3rcol of 13nd 3t
43
rS3son3blo hours to r03d meters, oX3mine tho sor-/ico pipe,
a t motor or othor
pp3r:l us and to t3ko up, rep3ir or remo\'o tho same.
f.-~
Sec. ,22 76. Use of othor t:Jps when occupant l:Jcks service.
Nothing in this chapter Sh311 pro'./ent tho oCcup3nt of 3 parcel of 13nd supplied b I
:J county w:Jter systom from h:Jving whon his ,. · ., , y
of water from :Jnother p3rcol of I ,sor\. Ice plpO IS In dl&rop:Jir, the use
po ' . :Jnd supplied by 3 county water syctom ,uith the
rmlSSlon of iRe e h
ccupant thereof. /\cccss to other t3ps of the c t I \AI
systom shall be limitod to sOHon oun Y n:Jter
. (7) d3YS. Tho director m3Y 3t his dig l'
extend this poriod of r 'f ' cre lon,
Imo I neCCSS3r)'.
Sec. 22 77. Motors goner3l1y.
^II connections £h311 8 t EJ
locatod in the .. e me ore · Excopt :JS noted bolow, 311 metors shall be
>AI I . public right of W3Y· Meters, whon not IOC3tod in the public right of
..a~, Sh311 In 311 C3ses 8e set· I ·
location of tho t ' In ocatlons :Jppreved by tho director. Should the
me sr on public or pri'.'3te property be ch3nged at th
the owner, tho ontire cost of m3king such ch3nge sh:J1I bo paid by SU:h r::~::~ of
Soc. 22 78. Interruption of servico.
No person sh311 be entitlod to :3 refune f ' I ·
d' or :Jn~ Interruption of 'N:Jtor servico Th
lrector sh311 have the right to intorru 3t wateF S ,. t · · e
t ' n er\. ICO 0 mako repairs or 3ddl'
o pipes 3nd meters. I Ions
Sec. 22 79. Disconnection, etc., of meters.
No person shall disconnect tho pipe or \1 ·
mo.o or disturb 3 \A'3teF t ·
authoriz3tion frem tho direct n -- -- me or without
or.
Sec. 22 80. Motor rspl3coment 3nd rop3ir.
:::'~::;ro:;~::ce~onts or repairs of 3 motor, resulting from d3m:Jgo c:Jused by
.. m rom::1 boileF R II 8 ·
I S 3 e p31d by the o'Alnor of th ·
the cost is not paid within ten (10) da I n 0 promlsos, If
~s from the date of m3iling tho bill, tho
44
director shall C3uce tho \V3ter service for tho premises to bo turned off. It sh311 bo
tho duty of the diroctor to in'Jostigate 3nd detormino in each C3se the
responsibility for tho damago 3nd the cost of tho roney.'31 or rop::tirs.
f~
Soc. 22 81. Setting of moters; connection fees.
All meter€; sh311 bo Get by tho director and sh311 be the property of tho county. No
motor sh:J1I be set until proper 3pplic:Jtion h3S beon made 3nd 3ppro'.'sd by tho
director. Tho applicant sh::1IJ be rosponsible for paymont of 311 ch:1rgos. The
connection foo shall be P3Y3blc prior to tho county setting tho moter.
Sec. 22 82. R3tes and foos.
(3) V'lator so.ryico ratos. Tho follo\AJing r3tes ::Jnd chargos :::JG ost3blished by the
bO:Jrd of supervisors for ''''::lter service sh:J1I :1pply ':/hero '''~~3ter service is pro\'ided
by the county: The volume charge per one thous::lnd (1 ,000) g3110ns '~:ill bo
b::lsed on ':later used. Tho volume charge is 3dded to tho b3se charge to
detormine the tot31 "later bill.
SCHEDULE OF W ^ TER R!\ TES
TABLE INSET:
45
f"~
46
f"~
(b) Connoct.ion fcos.
(1) Generally. The total '.v3tor connection foo shall consist of costs 3nd
considor3tions 3ssoci3ted '''lith (3) a basic connection fee; (b) off cite f3cilitios
foo; (c) off site 3nd ovorsized m3in credit policy.
3. Saslc connoction faDS. The basic connection foe for 311 :Jpplic3nts is to cover
the cost of tho servico t3p, tho 5srvice lino, motor sottor, 3nd tho \\tater moter.
The b3sic connection fee sh311 be assossed all connectors 3nd the payment sh:1I1
3ccomp3ny the 3pplic3tion for connection to tho "later system. \^Jhero ::1
developer is roquired to inst311 '''J3tor facilities 3S p3rt of ::1 subdi'/ision, the
de'/elopor Sh311 inst:J1I the \\'3ter ser\'ice :Jnd place the meter setter for oach
connection. In such C:JSOS, the b3Sic connection foe \A¡ill be limited to tho 3ctu:J1
cost af the 't.(3ter motor.
b. Off sito facilitios foo. Tho off site f3cilities foo for 311 applic3nts is to co\'or
the cost of prosent and futuro c3pital facilities constructed. Capital f3cilities
include, but 3rc not limited to, W::1tor source, r3\A.' ':'3ter storage, tre3tmont
f3Cilitios, tr3nsmission lines, pump st3tions and m3jor finished \~':Jtor stor3ge
f3cilities. Up to one h31f of tho off Gite f3cilities foo 'J/ill be subjoct to the off site
3nd o\'orsized m3ins credit policy. The off site f3cilities foo sh311 be 3ssessod 311
connectors 3nd the p3ymont shall 3ccomp3ny the 3pplic:Jtion for connection to
an existing or proposed est3blishment of ::1 '!Jater system.
c. Off sito 3nd o'lOrsizod m~in c....odit po,~;cy. Credits 'I.'ill bo =:1 II owed 3g3inst the
off cito f3cilities fee for off site extension in excoss of three hundred (300) feet
3nd/ar line sizo in oxcess of minimum Gize required by the county. For 3ny off
site extensions, on ::1 public right of \V3Y or e3somont adj3cont to o'IInorls
(3pplic3nt) property, crodit \AJill be 3I1o'.ved ag3inst tho off sito f3cilities fee only for
lino size in excess of the minimum di3moter required by the county. No credit ,,¡ill
bo 3I1o'.vcd '.,'hore ::1 m~ín sizo gro3tor than minimum £ize in diametor is required
to adequ3tely servo the o'.vnor (3pplicant). Credits 'I.'ill bo limited to a m3ximum of
47
one forth the amount assessed for the off sito f3cilitios foe 3nd ::1ro subjoct to
funds being 3\'ailable for credits v:ithin the '''later off sito facilities fees fund.
Credits \a¡ill be computed based on rocent bids t3kon for construction of similar
'.\'3ter facilities. Inst311ation of a \&JolI 3nd/or stor:Jge facilities in excess of sixty
thous3nd (60,000) gallons to pro'/ido a w3tor source, 3nd pump3go required to
supply tho stor3go facility where county f3cilities 3ro not 3\.'aiI3ble, arc
considerod off site facilities for purposos of this par:Jgraph.
d. Tho board of supervisors may by separ3te agreemont '.\'ith ::1 developor
enter into ::1 reimbursemont agreoment for off site f3cilities \4Jhich m3Y be required
by tho County 3nd \\fhich 'llould not be covored by the off site 3nd o''/ersized main
credit policy abovo.
e. Tho total connection foe shall be p3id 38 follo\\'s: T'lIenty fi\'o (25) percent 3t
timo of pl3n :Jppro'/31, se'/enty five (75) percent (balance) prior to occup3ncy or
~l'3tor use by the facility. 'I'./hon the off cite f3Cilitio8 fee is incroased, tho applic3nt
may P3Y the remaining so'.'enty fi\fo (75) porcont of tho prior too YJithin one (1)
YS3r after tho effecti\'e date of the nO'I' fee. Thereafter, the rom3ining seventy
fi\'o (75) porcent sh311 bo c31cul:lted on the feo that exists at the time the b31:Jnce
is paid.
(2) InstaJJation paymonts. I\ny 13ndo'.\'ner m3Y, at his option, request in 'y\'riting
on forms pro\'ided by tho county, to be allowod to m3ke p3ymont on tho off sito
f3cilitios fee portion of the connection fee, in thirty cix (36) monthly installments,
providod that:
3. The 3mount of such foo sh311 be incre:3sed by Ì\\'onty (20) percont.
b. Tho l:3ndo'.\'nor shall executa 3 contr3ct ~:Jith tho county for 3foros3id
inst311ment payment :J note o'/idencing such oblig3tion in :I form 3pproved by the
county attorney Gotting forth the :3mount :Jnd number of p3ymonts to be made
togother \4Jith other such terms and conditions deemed necossary ::Jnd
:3ppropriate by the p3rties thereto. Such contr;Jct shall be recordod in tho office of
tho clork of circuit court of the county.
lilt'.. '\
r" '"
48
c. Tho county shall h3'lo tho right to collect such payments in tho same
m3nner as pro'lided for collection of \A/ator service charges together \vith other
me3ns as set out in the '.A/ater contract.
d. Such note shall bo paid in f.ull prior to tho transfor of title to any land for
'\thich '.vater service \'laS pro'.'idedt and if the same 3re not p3id in full by the d3te
of tr3nsfor, tho county shall h:J'JO the right to discontinue service 3nd remo',/e 311
of its f3cilitios 3nd requiro payment of the full 3mount of the connection fees
prov3iling 3t th3t time, as if service had ne\/er been inst3l1ed.
(3) Authority of board of supofYisors to Yl8iv{) connoction fOOB.
3. Tho b03rd of sup0r\'isors m3Y by resolution \vai\'e 3 portion of the
connoction foos for '.V3tor f3cilities inst311ed undor feder31 or state funded \AJater
projects. Tho portion of tho f{)Q th3t is 'I3i\'ed sh311 be indic3tod 38 county
financial p3rticip3tion in the '.V3ter projoct.
b. Tho b03rd of supervisors may, by resolution, authorize the off site f3cilities
fee to be p3id from tho gener31 fund for those commercial or industrial O'Nners
(3pplicants) 'A'hich the b03rd of supervisors determines vlould bo in tho bost
interest of tho county's economic de\'elopment and \vhich \\'ould gonor3te
signific3nt employment.
(4) ÞAinimum connoction foo. The minimum connection foo for any connection
'.viII be th3t est3blishod for :3 5/8 inch meter.
(5) Firo sort/ico. All separ3to fire services shall be properly motered :3nd
protocted 3g:Jinst b3ckflo'l.' '.'ith 3 check v:3I'/o. The motor 'l3ult, meter 3nd
backflovJ de'lice shall be furnished and installed by tho county. The total
connoction fee for SCp3r3te fire ser\'ice connections ,,¡ill be equ31 to the basic
connoction portion of tho connection feo plus the off sito f:3cilitios fee 3S
ostablished for the size firo service requosted. The sep3r3to fire service fee is 36
follo'IIS:
SEPARATE FIRE SER'/ICE FEE
TABLE INSET:
f-~
49
r:,'~
The utility director may reduce tho cost of tho basic connoction for fire service
'Nhen the fire ser\'ico meter is pl3ced in tho S3mo 'l3Ult 35 tho domestic ser\Jice.
(6) Schodulo of connection foes. The tot:J1 connection feo is tho sum of the
basic connection fee ('."hich is dotermined by meter size) plus tho off site
f3cilities foo (\4Jhich ic detormined by metor size, typo of sorvico, and affective
d3tO), as indicated in Tables I, 11, 3nd III.
TABLE I
SJ\SIC CONNECTION FEE
50
TABLE INSET:
(~..
The 5/8 inch motor is oqu31 to service to one equi\'3lent rosidonti:J1 connection or
"ERC." Sorvice 3nd meters 13rger th3n 5/8 inch 3re cized 3S their volume r3tio to
tho 5/8 inch meter or ERC.
51
(-~
52
t:-.~
(
(7) Misco.'lanoous chargos. In addition to 631e of 'A'3tor, the follo\ving charges
and fees Sh311 be imposod upon :111 customors for \vator, \vater 3nd so\'Vor, and
S8'.\'Or only utility ser\'ices, 3S applic3ble:
a. Re chock re3ding of meter. . . $10.00
(No ch3rgo if origin31 re:¡ding '.~¡:1S in error)
b. In\'ostig3tion/vorific3tion of I03k3ge in customer's lino . . . $20.00
c. Mater accuracy test. . . $25.00
(No charge if motor f3ils 3ccur3cy test)
d. Disconnection foo, per trip, for non payment. _ _ $20.00
8. Roconnoction feo (esc313ting), per trip, for nonp:tyment:
1. First reconnection . . . 15_00
2. Second roconnection _ . . 70.00
3. Third reconnoction . . . 95.00
1. Fourth reconnection 3nd o3ch roconnection thoro3ftor . . . 120.00
I n tho o\;'ont th3t tho utility service customor h36 m3intained :) good p3ymont
histOl)' 36 definod in § 22 82(c)(2), \vith the county for utility service ::tt any
:Jddross v/ithin tho county, for fh,'Q (5) full Y03rfS; prior to tho current ch3rgo, the
rcconnection foo sh:J1I be deemed 3 first roconnoction and thcrc3fter escalate
again in 3ccord3nco hore\\'ith.
f. Resat moter if pullod due to non p3yment . . . $25.00
53
g. SPOCi31 roquost to discontinue or turn on service f{)r other th3n nonp3ymont
. . . 1 0.00
(8) Roconnoct.ion foo :lccount. Tho roconnection fees, ch:1rged 3nd p3id under
§ 22 82(b )(7)8. in oach fisc31 year, 'lJill be s8grcg3ted in ::1 special 3ccount from
'Nhich sufficient fundß will be alloc3tod to co\,'or the ostim3ted uncollectible debts
for the pre\,'ious fiscal ye3r. ^ny funds remaining in such special 3ccount 3fter the
adjuGtmont for uncollectiblo debts \·.'ill be 3ccounted for :1S re\(enuo for that fisc31
yeaF-:
( c) Socurity doposits.
(1) Initi:J1 socurity deposits shall be imposod, \-Jhen roquest for GOr\'ice is m3de,
upon all utility sOr\'ice customers 36 foIlO'tJS:
a. Residenti31.
1. '.^./3ter . . . $25.00
2. '.^later and SeYler. . . 25.00
3. SO'A'cr only. . . 50.00
b. Commerci31.
1 . \^./3ter . . . 1 00.00
2. '.'Vator and SC'l.'or . . . 100.00
3. So\\'or only. . . 50.00
(2) ^ny 3ddition31 security deposits pro\'iously paid by :I utility service
customer, other than the initi::lI security doposit provided for in GUbp3ragr3ph
(c)(1) 3bo'.'e, is to be rofunded ',\'ithout interest to s3id customer 3fter one full
year of good paymont history. Good payment histor)' sh311 mean: (i) 311 charges,
feos, 3nd bills payable under this chapter of the county code are paid on or
before the due d:Jto; (ii) the customer h3S not been subject to pen31ties or fees
for nonpayment; (iii) tho customer h3S not been subject to disconnection or
discontinu3nco of ser\'ice duo to nonp:1yment; and (i\') the customer h3s not
been subject to pl3cement of :1 lien or any other action or proceeding by the
county or tho tro3surer due to nonpayment of :1 utility service bill or account. One
(1) full ycar shall mean one (1) full Y03r from tho date of the 13St payment of 3n
addition31 security dopoGit. The director of finance, or designoe, \A.'ill periodically
54
~- '\
I ~
t
re\'io'I.' the security deposit recordE to determine 3ny deposits th3t are
refundable; otherv.'ise, rofunds shall be made only upon '.4/ritten roquest mado by
tho utility sorvice customer to tho director of fin3nce. Refunds sh311 be m3do 38 3
credit to tho customer's utility ser\'ico account unless directed othol'Vliso by the
director of fin:1nce, or dosignoe.
(3) The security deposit balance of oach utility sOr\'ico customor shall be
continually maintained, unless refunded a~ pro'Jidod in subp3r3graph (c)(2)
abo\!o, until final discontinuance of service to the customor in tho county. If, 3t
any time, the director of financo dooms it necos&::u)', the director of finance is
authorized, but sh311 not be required, to make payment of :3 customer's
outstanding bill or delinquent utility account from his security deposit fees. In the
event th3t ::1 customer discontinues sert'ice in ona loc3tion within tho county and
initiates sorvico 3t a ne\/.' loc3tion \A.'ithin the county, tho socurity deposit shall be
transferred to and m3int3ined in the utility customer's ne\\' 3ccount. Any
rem:Jining socurity deposit b::JI:lnce \A.'ill be credited to tho customor1s fin:ll billing
in the county, \A/ithout interest, vJithin sixty (60) d3YS of fin::11 discontinuance of
sorvico; tho b313nco, if 3nYt '.\'ill be rofunded to the utility customer.
Soc. 22 83. Inspoction :Jnd re3ding of moters; bills; refunds.
(:J) The director sh311 c::Juse all utility service meters to be inspected 3nd re3d
at 103st once O\.'or)' three (3) months for residonti:J1 customers :lnd 3t I03st once
o'.'ory month for commorci31 customers. Tho director shall have the authority to
ostim:Jto uE3ge if he dcterminc£ th3t ~ motor ro:.ding ic not or C3nnot bo
obt3inod. Each utility customor sh:::J1I be billed for '/'(ator, 'A'3ter 3nd sewer, or
se'.vor only servico on a monthly b3sis, 3nd bills shall bo due and paY3blo no
13ter th3n tho t'A'entioth d3Y of e3ch month~ The monthly bill, for months \\'hon 3
ser\'ice moter is not r03dl shall be in 3n 3mount equ31 to tho 3\,'erage of tho
customer's billings for tho previous qU3rtorly cyclo b3sed upon an :Jctu31 roading.
,^,djustments for 3ctual usage sh::tll be m3de in tho months '.'hon :1 r03ding of tho
utility servico metor is obtained.
55
(~"
(b) Utility service bills shall be paid at the utility billing office or at such other
pl3ces design3ted by the director. 1\11 deposits or ad\'3nce payments for 'flater,
rofunds to depositors of 3d\'3nCe p3yments, or othor rofunds on 3ccount of orrors
sh311 be m3de 3t the utility billing office.
(., ~.
,~
Sec. 22 84. C31culation of charges Generally.
.'\11 \.\~::1ter p::1ssing through ::1 moter sh311 be chargod for, '.&Jhothor or not used;
pro\'idod, v.'hore I03ks occur in '.V3ter pipes or metored services, 3nd the o\vner,
3gent or ten3nt Sh311 h3\'e promptly m3de all necess3r)' rep3irs, the director may
rob3te tho 3mount in excess of double the 3mount of the 3ver3go monthly bill for
the premises. Such 3'.'er3ge monthly bills sh311 be determined by 3'.'er3ging
monthly bills f-or the preceding six (6) months.
Sec. 22 85. Same '¡"hen meter f3ils.
In the e'/ent 3 '.vater meter f3ils to register properly for 3ny C3USO, 3nd the
consumer h3S recei'.'ed tho usu31 or nocoss3r)' supply of 'lJ3tor during tho time of
such f:Jilure of the meter to register, the consumer Sh311 be billed for such :Jmount
3S is sho\\/n to bo tho :J'/erage monthly 3mount of \V3ter consumed on his
premises for the preceding six (6) months or ::1 longer period, 35 determined by
tho diroctor.
Sec. 22 86. Unp::1id bills.
(3) I\.ny utility sOr\'icOG bill ',¡hich h3s not boon p:Jid by the due d3te of the bill,
resulting in ::1 p::1st due b313nco, chall be subject to ::1 13to p3ymont penalty of ten
(10) percent of tho amount of the bill. Tho late p:Jymont pen31ty Sh311 bo 3ddod to
the p3st due b31:Jnco immedi3tely follo':,ing tho date th::1t s:Jid bill 'II:)£) due.
(b) The county sh:J1I bo ::luthorized to disconnect utility sOr\'icOG if the utility
customer f3ilc to make full p3yment of 311 p::lst due balances and the afores3id
penalties on or before the fifteenth d3Y of tho month tollo'/./ing the due d3te;
provided, hOt/Jet/or, th3t disconnoction of servicos tor nonp3ymont sh:J1I bo mado
only after the county has obt3inod an 3ctU31 reading of tho utility Gorvice motor
56
f·~
57
'^'hen th
. . e connector using \v:Jtor intend t
ISO mo"e he R II ·
east three (3) days' notice ^ , · s a give the director at
. I ,n~ person "3c3tin ·
tT · g any 3FeFflI ·
u I Ity service bill sh311 nth" . . ses without p3ying his
. 0 a. e utility service initiates ·
premises within the Count' f R or continued at 3ny nO'.\'
~ 0 o3noke until th
h3ve been paid. e amount so due from him shall
f'~
* * * *
^RTICLE 1'/. '^'^+ER
"" SUPPLY EMERGENCIES
MEJ\SURES AND CONSERVATION
Soc. 22 200. Gener:Jlly.
(3) ,DUtpoSO. Tho ' ·
purpose of this dl'/ision is to t ·
reduction me3sures to b . es abllsh water conservation
. e Imposed 'A'hen drou§ht \AI
In the R03noke River req' \AI ..3ter short3ge and 10'1.' flows
ulre ..ator conson(3tion
public w3ter supply use. It h II · measures to be in effect for
s a ::1150 3pply to '·'ater ·
groundw3ter sources 3nd t rf .. supplied from priv3te
(b) . 0 su 3ce water withdr3\v3Is.
ExomptJons from 8P Ii .
, p..catJon. Tho pro'.'isions of tR· ·
any governmental activity insrt f . IS 3rtlcle Sh311 not apply to
, I Ulan, business reside ·
has been determined b ' th ,nce, or Industry when it
~ 0 county 3dministrator th:Jt "
for the public health safety d 3n exemption IS neceSS3r'V
, an welfare f-or the " · ~
hardship or the subst3nti311 f ' pre.entlon of severe economic
ass 0 employmont or for tR
Recycled 't.'3ter sh311 31 b ,e health of 3ny person
so e exoFfl 3t f tR .
rom e pro"isions of thO ·
y IS 3rtlClo.
Soc. 22 201. Dofinitions.
As usod in this division:
Founbin e:hall mean ~ \Alate ,..I'
.. r u Isnla" '...·.'.....oro
8 I"" ~ H water is s ,.
rnamontal purposes. pr3yeu strictly f-or
P3'/od 3rO:JS sh311 m
. e3n streets, side'Nalks dri"eu1ays f
service station aprons and th ' ... pa lOS, parking lots,
, 0 er surf3ce 3re3S CO" 8· ·
other m3tori31 through '!'hich 'AI t ... ere '.vlth brick, p:1'/ing, tile, or
. ..3 or C3nnot p3SS.
58
Parson sh311 me3n 3ny individual, corpor3tion, partnership or other le931 entity in (- ~
tho county.
Recycled V/3tC.... sh311 mean \\~:1tor origin~lIly pot3blo but circulated for rouse 3ftor
delivery from tho public \AJater system.
SVl,imming pOD.' sh311 mS3n any structuro, b3sin, chamber, or t3nk, including hot
tubs, containing 3n 3rtificial body of \A.'3tor for s'/Jimming, di\'ing or rocro3tion31
b:3thing and h3'.'ing :3 depth of t'!,~O (2) feet or more at any point.
Soc. 22 202. Decl3ration.
Tho b03rd Sh311 decl::1re the imposition of aither '.'olunt3r)' or m::1ndatory 'J/3ter
conser\'ation m03sures '!,'hano'.'er tho county is oxperiencing a 'A~ater supply
omergency or the need to 3'/ert a ':Jatar supply emergency. The need to a'/art an
emergency and to implement 'Iolunt3r)' conservation me3suros shall be deemed
to oxist \\'hene'.'er the flo'"vs in the Roanoke Ri'/er drop to levels that require the
limitation of 'A'ithdra':/3Is for Spring Hollo\v Reser\'oir, the "later level in tho
r08or\{oir is bolo':, norm31 for th3t time period, 3nd metoorological projections
indicato consider::Ition of such moasures. The noed to ::Ivort 3n omergency and to
impose mandatory ':¡::Iter consor\'3tion me:3suros shall be deemed to exist 'l.'hen
the reservoir contains loss th:3n :3 one hundred fifty day supply at current usage
p:3tterns for the period botvleen Juno 1 3nd October 1, or 3 one hundred d3Y
supply for the period between Octobor 1 3nd June 1, 3nd 'lOr)' limited supplies of
':/3ter 3re 3'.'3iI3ble. Notices of the implement3tion 3nd termination of tho '/3ter
conservation measuroc Ch311 be publicly :Jnnouncod :Jnd publiched in 3 d:Jily
nO':JSp3pOr for 3t 1035t one (1) d3Y. Tho implomont3tion or tormin3tion of the
me3sures shall become effecti\'e immediately upon publication of the respecti'/e
notice.
Sec. 22 203. Voluntar)' \vater conser\'ation measures.
\^/hen 'lolunt3ry '.~l3tor conser\'3tion m03sures 3ro in effect, tho bO:lrd shall
request the general public, businesses and public 3gancios in the county to
implemont and comply '.AJith the follo'/.'ing ':/3ter usa reduction m03suros:
59
(1) La'lR1S and gardons. Reduce watering to only when necessary to maintain ç... è)-.
,-'iability, and then only bst\\(oon tho hours of 8:00 p.m. and 8:00 a.m.
(2) P3'./od 3r035. Reduco '1.'3shing~ 'N3shing p3vcd 3rC3S for immediate health
and s:Jfety is exempted.
(3) Sv¡imming poots. Reduce filling and replenishing to levels required to
m3int3in hoalth and s3foty.
(-1) Voh,ic,'o vlEôhing. Reduce noncommorci31 \\'ashing of mobile equipment.
Commercial mobile equipment 'flashing businesses are exompt.
(5) Restaurants. Serve \vater to customors only upon request.
(6) Public utilitios. Reduco scheduled sewor :Jnd hydrant flushing by fifty (50)
percent. Flushing to moot immodi3te health and safety requirements is exempt.
Soc. 22 2011. Mandatol)' '."later conserv3tion measures.
'.A/hen m3nd3tOl)' \\'3ter conservation measures are in effoct, tho general public,
businesses 3nd public agencies shall comply VJith the following \4.'3ter use
restrictions:
(1) Fountains. Opor3tion prohibited.
(2) P3v{)d areas. 'Nashing prohibited except for immodi3to hoalth and safety
requiremonts, or oxcept f{)r commerci:J1 or industrial operations using high
pressure 10'/1 consumption equipment. \^,13shing for maintenance purposes one
(1) time \a¡ithin any t':.(ol',/e month period is pormitted.
(3) SY/imming pools. Prohibit filling of outdoor G'A'imming pools. Replenishing
to m3int3in the structur31 integrity of tho pool or to ensure s\vimmor hO:1lth and
s3foty is permitted.
(1) '/ohicle "lashing. Prohibit noncommerci31 "/:Jshing of 3utomobilcs, trucks,
tr3ilers, boats, airpl3nos or 3ny othcr type of mobile equipment, except in
commercial facilities if operating with high prossure lo\v consumption equipment
or operating y.'ith :J 'w\'ater rocycling system. The county :Jdministr3tor may ordor
the curt3ilmont of the hours of operation of such commercial facilities or
operations offoring such sOr\'icos to the public or 'lJ3shing their O\AJn equipmont.
(5) Rostau....3nts. Serve 'JJ3ter to customers only upon request.
60
(6) PL1bl.ic L1ti,l,ities. Conduct seVJer and hydrant flushing only for the purposo of
fire suppression or othor public emergency. Flushing to meet immediate health
and s::Jfety requirements is exempt.
(7) LaYlns and ga,"rrons. Elimin::Jto v.(atoring of shrubbol)', trecs, 13'JJnSt grass,
pl3nts or other ',,'egot3tion, except indoor pl:Jntings, greenhousc or nurs81)' stocks
and 'I.'atering by commercial nurseries of freshly planted plants upon planting and
nO'll and replanted or resodded 13\·,ns for a period not to exceed thirty (30) d3Ys.
(8) Exterior "lashings. Elimin::1te the \A/ashing of the exteriors of commercial or
industri::ll buildings, homes or ap3rtments. '.^lashing for maintenance purposes
ono (1) timo 'Nithin any t\-/OI',,'O month poriod is permitted.
(9) ,Private y/<J'/)'s and sL1rf£Jce vIEtor v¡ithdraYI8Js. Elimin3te '~l3tering of 13'.~/ns,
gardens, shrubbery, trees, grass, plants or othor \'oget::Jtion (excopt indoor
pl3ntings, groenhouse or nursery stocks is permitted), 'N3shing of 3utomobiles,
trucks, trailers, boats, airpl3nes or any other type of mobile equipment, or filling
of outdoor s'Nimming pools (replenishing to maintain the structural integrity of the
pool or to ensure s\vimmer hO:Jlth and safety is permittod). '.^/3toring of freshly
pl3nted plants upon planting and ney.' :lnd repl3nted or rosodded la\-/ns for :)
period not to exceed thirty (30) days, toos and groons on golf courses, athletic
fields 3nd f3cilities, is perm itted.
Sec. 22 205. \'ioI3tion; o'y'identi3r)' presumptions; penalty for '-,iolation; appeals.
(a) Vio,/{Jtlon. It shall be a '¡iolation of this articlo for :Jny parson to intentionally,
kno',vingly, recklessly or negligently uce, C;3USO the use of or permit the use of
'1later in viol3tion of any of the mand3tory pro'/isians af this division.
(b) Ev,idonti3ry prosL1mptions. For purposos of this article, in 3ny C3S0 'Jhere
'.vator h3s been used in 3 manner contr3r)' to 3ny m3nd3tory provision of this
di'.'ision, it shall be presumed th3t the. person in '.vhose name 3 \V3tor metor
connoction is rogistored '--lith tho utility department has kno\vingly used, causod
the use of or permitted tho use of 'l/3tor in such 3 cantr31)' manner. Proof that a
particular premises h3d a \A.'3tor moter connoction is registored in the name of the
dofond:Jnt cited in ::1 criminal compl3int filod purE:uant to this articlo shall
f"~
61
constitute in o\lidenco :3 prima f:1cio presumption th::Jt the dofcnd3nt is tho porson
,--¡ho usod, c:1used tho use of or permitted the use of ':.'atar in :3 m:1nnor contr31)/
to any m:3nd3tOl)/ pro'./ision of this di'/ision.
(c) PonaJty for vioJation. !\ny person con',/icted of 'y/iolating 3ny of tho pro'/isions
of this :Jrticle sh311 be guilty of :1 CI3ss 3 misdeme3nor. In lieu of :1 crimin:Jl
prosecution for:. './¡olation of this :.rticle, tho county m3Y impose :3 ci'./il penalty for
3ny 'y/ioI3tion. For a first offense the person \\'ill recei'Jo ::l \\'ritton '.~'3rning. On the
second offense, the parson \\'ill be assessed 3S 3 civil pon31ty ::1 '113tar bill
surch3rge foe of fifty doll3rs ($50.00) per \'ioI3tion for :1 residonti31 account and
ona hundred doll3rs ($100.00) par \'ioI3tion for 3n
institutional/commerci31/industri31 3ccount. On the third and ::1ny subsoquont
offense, tho person '.\'ill bo 3ssessed as ::1 ci'.'il pon31ty a v.'ater bill surcharge foe
of one hundrod dollars ($100.00) per \¡ioI3tion for ::1 residential account 3nd WJO
hundred dollars ($200.00) por '.'ioI3tion for 3n institution31/commorci31/industrial
3ccount. In 3ddition, the utility dop:Jrtmont may suspend tho ser\'ico of 3ny
person '.'ioI3ting 3ny of tho m::lnd3tOf)/ '.v::ltor use restrictions. ,'\11 fines Sh311 be
imposed on tho '.'iol::ltor'E: next "later bill.
(d) /\pp 0 ai's. Tho person sh311 ha'y'o tho right to 3PPo:J1 to the county
administrator upon rocoi'ling '.\(ritten notice of 3ny '¡¡alation or intent to
discontinue servico. Th3t person m3Y then appo31 the docision of tho county
3dministr3tor to the county board of supervisors. The procodure to bo follo'A'sd in
any :Jppe31 is tho S:3mo procedure as set out in sfJction 18 156.5 of this Code.
(0 ) Sop3r~to vio,l-af,ions. E:1ch '.'iol:Jtion by ::1 porse n Eh311 bo cou ntod 38 3
SOp3rato '.'ioI3tion by th3t parson, irrespecti'lo of the loc3tion 31 '.A/hich tho
\/ioI3tion occur£:;.
Sec. 22 206. Enf<>rcomont.
Tho chief of police 3nd the diroctor of the utility department, through their 3gents
or employoos, sh311 be jointly rosponsiblo for the administration and enforcement
of this articlc. Tho diroctor of the utility dop3rtment is 3uthorizod to dosign3te
qU31ified utility dop3rtmont porsonnel to onforce this 3rticlo in tho manner 3nd to
r:~
62
tho oxtont alle'l.'ad by 1:::)':1, including tho filing of noticoc of '/iol3tionc of this 3rticlo
3nd tho filing of compl3int€ with the police dep3rtmont for such 'lioI3tions.
3. That any provision of the Roanoke County Code not specifically
amended or repealed above shall remain in full force and effect as adopted.
4. That this ordinance shall be in full force and effect from and after its
passage.
(-~
63
ACTION NO.
ITEM NO.
G '~~h, \
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 14, 2005
AGENDA ITEM:
Second reading of an ordinance authorizing the conveyance of
easements to the Western Virginia Water Authority (WVWA)
through property owned by the Roanoke County Board of
Supervisors to provide for the extension of water service for
the benefit of Radford Homes and the Mason's Crest
Subdivision, Cave Spring Magisterial District
SUBMITTED BY:
Pete Haislip
Director of Parks, Recreation and Tourism
Elmer C. Hodge ~ /1+
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
Lumsden Associates, P.C., on behalf of Radford Homes and the Western Virginia Water
Authority (WVWA), is requesting that the Board of Supervisors convey the following
easement for the purpose of extending water service across property owned by the County
at Merriman/Starkey Park to the previously approved Mason's Crest subdivision currently
under construction:
A new 20' wide water line easement containing 28,719 sq. ft. across property
owned by the County at Merriman/Starkey Park and designated as Tax Map
No. 97.01-02-13.
Staff has met on site and has approved the easement location as identified on the attached
plat. In addition, the WVWA has reviewed this proposal and has indicated that it will
accept this conveyance for purposes of this development.
es-t
Jack Zambacca, the Real Estate Acquisition Agent for the WVW A, has determined the fair
market value of this easement is $6,441 based on the standard formula utilized by the
WVW A and Roanoke County for similar easement transactions. Radford Homes has
requested that it not be required to pay to the County fair market compensation for this
easement.
FISCAL IMPACT:
The fair market value of this easement is $6,441. These funds will be placed in the Parks
and Recreation capital maintenance fund to be used for improvements at
Merriman/Starkey Park; specifically, a new parking lot.
AL TERNATIVES:
1. Authorize the conveyance of easements for the purpose of the extension of water
service across property owned by the County at Merriman/Starkey Park for the benefit
of Radford Homes and require fair market value payment of $6,441 to the Parks and
Recreation capital maintenance fund.
2. Authorize the conveyance of easements for the purpose of the extension of water
service across property owned by the County at Merriman/Starkey Park for the benefit
of Radford Homes and waive the payment of $6,441 for this easement.
STAFF RECOMMENDATION:
Staff recommends Alternative 1 , authorize the conveyance of easements for the purpose of
the extension of water service across property owned by the County at Merriman/Starkey
Park for the benefit of Radford Homes and require fair market value payment of $6,441 to
the Parks and Recreation capital maintenance fund.
2
.I'~ ..~_ \
~.I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
ON TUESDAY, JUNE 14,2005
ORDINANCE AUTHORIZING CONVEYANCE OF AN EASEMENT TO THE
WESTERN VIRGINIA WATER AUTHORITY THROUGH PROPERTY
OWNED BYTHE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX
MAP NO. 97.01-2-13) TO PROVIDE FOR THE EXTENSION OF WATER
SERVICE FOR THE DEVELOPMENT OF THE MASON'S CREST
PROJECT BY RADFORD HOMES, CAVE SPRING MAGISTERIAL
DISTRICT
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a
parcel of land containing 14.2 acres off Merriman Road in the County of Roanoke, Virginia,
designated on the Roanoke County Land Records as Tax Map No. 97.01-2-13; and,
WHEREAS, Radford Homes and the Western Virginia Water Authority have
requested the conveyance of an easement across this property to provide for the extension
of water service for the development of the Mason's Crest Project by Radford Homes; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including easements, shall be
accomplished by ordinance; the first reading of this ordinance was held on May 24, 2005;
and the second reading was held on June 14, 2005.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke
County, the interests in real estate to be conveyed are hereby declared to be surplus, and
are hereby made available for other public uses by conveyance to the Western Virginia
Water Authority for the extension of water service for the development of the Mason's
Crest project by Radford Homes.
~ .
G-f
2. That conveyance to the Western Virginia Water Authority of water easement
as shown and described as "New 20' Water Line Easement" (24,719 sq. ft.) on a plat
entitled "Plat showing New 20' Water Line Easement being granted by Roanoke County
Board of Supervisors to the Western Virginia Water Authority Situated on Tax #97.01-2-13
(DB 1123, PG. 531 ) Cave Spring Magisterial District" prepared by Lumsden Associates, P.
C., dated May 4, 2005, a copy of which is attached hereto as Exhibit A, is hereby
authorized and approved.
3. That the County accepts the payment of $6,441 as fair market value
compensation for this easement and that this sum is appropriated to the Parks and
Recreation Capital Maintenance Fund.
4. That the County Administrator, or any assistant county administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
4. That this ordinance shall be effective on and from the date of its adoption.
2
·
\
tIÞtIÞ
'. '\ ~ TAX I9Z01-02-11
· ~ ROANOKE COUNTY BOARD
1£ ' OF SUPERVISORS
:-:. ~ ct 5.5.£'- "'.. '.. D.B. 16J4, PC. 1852
-.... '" P.B. 22, PC. 97
------. "~, '\~"
ì ~'\, "". "'. TAX #97.01-02-13
~ ~ PROPERTY OF
\ - ~ ROANOKE COUNTY BOARD
'\ ~ \ \ \~ OF SUPERVISORS
~ D.B. 1123. PG. 531
~o\ \\ .. -. (RK£ co. PUBLIC SERVICE AUTHORITY)
~ .. 17.291 AC.
'<lb.~. '- \~ \\'
:; ".<:k \\\
\~ ' ~ \\L---CENÆRUNE
~~ =.,'~ \~\ NEW 20' t:L£
~~.~ '~1\\----~~ SO' ~~ ÆNN~~
.. · NA TURAL GAS CO. EASEMENT
..p · .. . 0.8. 772, PG. 457
~q,.. \,
~~..\ .
.. .
"
,
\ TAX 197.01-02
STARKEY PROPERn ,
·PLASnCS ONE·
INSTRUMENT #200401
P.B. 22, PC. 97
~
~~~~
~~ ~-:).
...ö~~
,~
.,.;.. ~
~
CI
NEW 20'
WATERLINE EASEMENT
LIE B£ARIIG DlSTANŒ
WI-12 S 172rm- E 158.64'
W2-WJ S 07lS'sø- E 451.99'
1rJ-W4 S '9.,2'47" 75.98'
Iff- M5 S 45.,2'47" £ 1BB.J5
~1I8 S JlV27" £ 187.12'
II-Wl S 69'24'51" £ 143.09'
rn-IB S 0'54- £ 30.76'
24.719 S.F.
:!/~:''f~~
II
LEGEND:
tf.LE. WA ÆRUNE EASEMENT
R/W RIGHT-OF-WAY
D.B. DEED BOOK
P.8. PLA T BOOK
PG. PAGE
PLA T SHOWING NEW
20' WATERLINE
EASEMENT
BEING GRANTED BY
ROANOKE COUNTY BOARD
OF SUPERVISORS
TO
WESTERN VIRGINIA
WATER AUTHORITY
SITUATED ON TAX #97.01-02-13
(D.B. 1123, PG. 531)
CA'Æ" SPRING MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
NOÆS:
,. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A
CURRENT nTLE REPORT AND THERE MAY EXIST EASEMENTS
THA T ARE NOT SHOWN HEREON.
2. THE INÆNT OF THIS PLAT IS TO CREAÆ A NEW 20'
WATERUNE EASEMENT ACROSS TAX 197.01-02-1J.
J. THIS PLAT DOES NOT CONSnTUÆ A BOUNDARY SURVEY.
4. NO PHYSICAL IMPROVEMENTS ARE SHOM' FOR CLARITY
PURPOSES.
5. FOR MERRIMAN ROAD RIGHT-OF-WAY TAKING SEE O.B.
1006, PC. 261.
DATE:
Exhibit A
&)
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Q
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~~
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§
@
A= 24¿8'OO·
R= 19J4.86
T= 419.51
L= 826.2J
BRC. S J-S8'J4· E
CHD. 819.97
~[5j
~!
~~
t;s:j~
!B.ë;
S 16'2'J4· E
28.56'
S 1919'41· W
4J. 01 '
~ S~2"07'29· W
'\....../ 18. 47'
~
'%
\%
\
May 4, 2005
LUMSDEN ASSOCIATES, P.C.
EN G I NEERS-SUR VEYORS-PLANNERS
ROANOKE, VIRGINIA
SCALE:
1" = 200'
COMM. NO.:
03-164 4664 BRAMBLETON AVENUE
P.O. BOX 20669
ROANOKE, VIRGINIA 24016
PHONE: (540) 774-4411
FAX: (540) 772-9445
E-MAIL: MAIL@LUMSDENPC.COM
f: \2003' 03164 \sur\ 03164es01.dwg
ACTION NO.
ITEM NO.
H 1- S-
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 14, 2005
Appointments to Committees, Commissions and Boards
AGENDA ITEM:
SUBMITTED BY:
Diane S. Childers
Clerk to the Board
Elmer C. Hodge elf
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Clean Valley Council
The two-year term of Dennis Harris will expire on June 30, 2005. At the May 24, 2005,
meeting, the Clerk was directed to contact Mr. Harris to determine his willingness to
serve an additional term and if the response was affirmative. to place confirmation of
the appointment on the consent agenda. Mr. Harris has advised that he would like to
be re-appointed and confirmation has been placed on the consent agenda for this
meeting.
2. Court Community Corrections Program Regional Community Criminal Justice
Board
The two-year term of Sheriff Gerald Holt will expire on July 1 , 2005.
3. National Association of Counties Annual Conference
The National Association of Counties Annual Conference will be held July 15 - 19.
2005, in the City and County of Honolulu. Hawaii. The Credentials (Voting)
Identification Form which is attached must be returned to NACo by June 24. 2005. If
the Board wishes to appoint a voting delegate and alternate, that decision needs to be
done at this meeting.
t+\-J;"
4. Parks and Recreation Advisory Commission (Appointed by District)
The three-year term of Mr. William Skelton, Windsor Hills Magisterial District, will expire
on June 30, 2005. Mr. Skelton has advised that he does not wish to serve an additional
term on the commission.
5. Roanoke Valley-Alleghany Regional Commission Metropolitan Planning
Organization (MPO)
The following three-year terms will expire on July 1 ,2005: Richard C. Flora and Joseph
P. McNamara, elected representatives; and Michael A. Wray, alternate elected
representative.
2
I .
NACo 2005 Credentials (Voting)
Identification Form
~-3
.
.
. ..
~
001360
Please complete and return or fax this form by June 24. 2005 to:
NACo · Attn: Emily Landsman · 440 First S1. NW · Washington, DC 20001
or Fax: (202) 393-2630
or have the voting delgate(s) carry it with them to the conference and present it at the Credentials Desk.
Please type or print in block letters.
County / Parish / Borough
State
OJ
Designated Delegate
First Name
Last Name
First Alternate
Second Alternate
This form must be signed by the Chief Elected Official from your county. Submissions without an appropriate
signature will not be accepted.
Signature:
Board President I Chair I County Executive I Judge I Mayor signature required Date
Print name and title
o No state association pick-up. Please read the state association pick-up section in uCredentials FAQ."
o Check here if you wish to vote by proxy. If checked list the county / parish / borough to cast your votes below.
Your county and your proxy must have at least one paid registration for NACo's Annual Conference.
County I Parish I Borough allowed to cast my votes *
First Name of proxy county delegate
Last Name
-
-
. * Please read the proxy section in "Credentials FAO" before filling out this section.
.
I/-b
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 14,2005
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for June 14,
2005, designated as Item I - Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 6
inclusive, as follows:
1. Approval of minutes - May 24, 2005 and June 7, 2005
2. Confirmation of committee appointments to the Clean Valley Council and the
Parks and Recreation Advisory Commission
3. Resolutions of appreciation upon the retirements of the following individuals:
(a) Brenda H. Smith, Treasurer's Office, following thirty-two years of service
(b) Clementine L. Cole, Circuit Court Clerk's Office, following nineteen years of
service
4. Request from schools to appropriate dual enrollment funds in the amount of
$18,207.93
5. Request to accept a portion of Horseshoe Bend Road, Route 936, Vinton
Magisterial District, into the Virginia Department of Transportation Secondary
System
6. Request to accept Laurel Ridge Drive and a portion of Cortland Road into the
Virginia Department of Transportation Secondary System
2. That the Clerk to the Board is hereby authorized and directed where required by
law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
ACTION NO.
ITEM NO.
T-d--
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 14, 2005
AGENDA ITEM:
Confirmation of appointments to the Clean Valley Council and
the Parks and Recreation Advisory Commission
SUBMITTED BY:
Diane S. Childers
Clerk to the Board
Elmer C. Hodge t/~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Clean Valley Council
At the May 24, 2005 meeting, the Clerk was directed to contact Dennis Harris to
determine if he would be willing to serve an additional two-year term that will expire on
June 30, 2007, and to place the confirmation of his re-appointment on the consent
agenda at the June 14 meeting if Mr. Harris advised that he would like to serve an
additional term. Since Mr. Harris has advised in the affirmative, confirmation of his
appointment has been placed on the consent agenda.
2. Parks and Recreation Advisory Commission (Appointed by District)
At the May 24,2005 meeting, Supervisor Wray advised that if there were no objections
from the other Board members, he would nominate Jerry Williams, at large
representative, to serve an additional three-year term that would expire on June 30,
2008. There have been no other nominations, and confirmation of this appointment
has been placed on the consent agenda.
I-~
STAFF RECOMMENDATION:
It is recommended that the above appointments to the Clean Valley Council and the Parks
and Recreation Advisory Commission be confirmed.
2
ACTION NO.
ITEM NO. T- 3 <^ 4-- b
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 14, 2005
AGENDA ITEM:
Resolutions of appreciation upon the retirement of the
following individuals:
(a) Brenda H. Smith, Treasurer's Office, after thirty-two years
of service
(b) Clementine L. Cole, Circuit Court Clerk's Office, after
nineteen years of service
SUBMITTED BY:
Brenda J. Holton
Deputy Clerk to the Board
Elmer C. Hodge t If
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Ms. Brenda H. Smith retired on June 1, 2005, after thirty-two years and two months of
service as Chief Deputy Clerk in the Treasurer's Office. Ms. Clementine L. Cole retired on
June 1, 2005, after nineteen years and seven months of service as a deputy clerk in the
Circuit Court Clerk's Office. They have each requested that their resolution be mailed
since they are unable to attend a Board meeting.
STAFF RECOMMENDATION:
It is recommended that the Board approve the attached resolutions and direct the Deputy
Clerk to mail them to the retirees with the appreciation of the Board members for their
many years of service to the County.
J- 3().)
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 14,2004
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF
BRENDA H. SMITH, TREASURER'S OFFICE, AFTER THIRTY-TWO
YEARS OF SERVICE
WHEREAS, Brenda H. Smith was first employed by Roanoke County in the
Treasurer's Office on April 2, 1973, as an Account Clerk; and
WHEREAS, Ms. Smith retired from Roanoke County on June 1,2005, as the Chief
Deputy in the Treasurer's Office after thirty-two years and two months of service; and
WHEREAS, Ms. Smith, through her employment with Roanoke County, has been
instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of
Roanoke County to BRENDA H. SMITH for more than thirty-two years of capable, loyal
and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
1- '3 (b)
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 14, 2004
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF
CLEMENTINE L. COLE, CIRCUIT COURT CLERK'S OFFICE, AFTER
NINETEEN YEARS OF SERVICE
WHEREAS, Clementine L. Cole was first employed by Roanoke County in the
Circuit Court Clerk's Office on October 17, 1986, as a Deputy Clerk; and
WHEREAS, Ms. Cole retired from Roanoke County on June 1,2005, after nineteen
years and seven months of service; and
WHEREAS, Ms. Cole was an outstanding and extremely dependable employee
who exemplified the highest standards of positive public service; and
WHEREAS, Ms. Cole, through her employment with Roanoke County, has been
instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of
Roanoke County to CLEMENTINE L. COLE for more than nineteen years of capable, loyal
and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
ACTION NO.
ITEM NO.
I--~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 14, 2005
AGENDA ITEM:
Request from schools to appropriate dual enrollment funds in
the amount of $18,207.93
SUBMITTED BY:
Dr. Lorraine Lange
Deputy Superintendent
Elmer C. Hodge ê/-/
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~7~
SUMMARY OF INFORMATION:
Roanoke County Schools and Virginia Western Community College (VWCC) have an
agreement whereby the college provides college level courses in English, U.S. History, AP
Calculus, and certain technical and science subjects. These courses are taught by
Roanoke County teachers who meet the college's criteria for adjunct professors. Monies
that have been collected exceed the expenses; therefore, there is a request for these
additional funds to be appropriated.
Roanoke County Schools collected $51,350 tuition from 680 students. VWCC will
reimburse $105,893.79 for services rendered (teachers, administrative expenses, rooms,
utilities, and maintenance). Roanoke County Schools owes VWCC $141,191.72 for tuition
and technology fees and college service fees. The difference between what was collected
and what Was spent is $16,052.07. Roanoke County added students to the dual
enrollment count for second semester resulting in an additional reimbursement from
VWCC of $2,155.86. The total amount to be appropriated is $18,207.93.
FISCAL IMPACT:
The instruction budget will be increased by $18,207.93.
%Ý
AL TERNATIVES:
None
STAFF RECOMMENDATION:
Staff recommends the appropriation of funds in the amount of $18,207.93 to the
instructional program.
ACTION NO.
ITEM NO. -=r- '5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 14,2005
AGENDA ITEM:
Request to accept a portion of Horseshoe Bend Road, Route
936 , Vinton Magisterial District, into the Virginia Department of
Transportation Secondary System
SUBMITTED BY:
Arnold Covey
Director of Community Development
Elmer C. Hodge r ~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
Subsequent to adjacent property owners' request, County staff has worked with Virginia
Department of Transportation (VDOT) staff to extend the state maintained portion of
Horseshoe Bend Road, Route 936, to a proposed T-turnaround. The extension will be
from the existing end of state maintenance to the end ot the proposed T-turnaround,
approximately 0.03 miles in length.
Note that a resolution of acceptance was approved by the Board of Supervisors in July
2003 applicable to this specific situation. However, following more in-depth field
investigation and discussion with VDOT staff, it was jointly decided that the project and the
property owners would be better served by the changes that were made to the project.
The Board of Supervisors took action on April 26, 2005 to obtain the necessary right-ot-
way (Ordinance Number 042605-3).
FISCAL IMPACT:
No County funding is required.
-I-5
STAFF RECOMMENDATION:
Staff recommends that the Board approve a resolution to VDOT requesting that they
accept a portion of Horseshoe Bend Road into the secondary road system.
~s
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 14, 2005
RESOLUTION REQUESTING ACCEPTANCE OF A PORTION OF
HORSESHOE BEND ROAD, RTE. 936, INTO THE VIRGINIA
DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the street described on the attached Addition Form SR-5{A), fully
incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the
Circuit Court of Roanoke County,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street described on the attached Additions Form
SR-5(A) to the Secondary System of State Highways, pursuant to Section 33.1-229, Code
of Virginia, and the Department's Subdivision Street Requirements, and:
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-
of-way, as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to
the Resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved by:
Seconded by:
Yeas:
Nays:
A Copy Teste:
Diane S. Childers, CMC - Clerk
Roanoke County Board of Supervisors
pc: Arnold Covey, Director, Department of Community Development
Virginia Department of Transportation
File
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METES AND BOUNDS DESCRIPTION SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF
OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT
AN ACCURATE BOUNDARY SURVEY.
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PROPERTY OF
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END STATE
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0.. 1791 Ac. TO BE ACQUIRED
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BEARING
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PLA T SHOWING NEW
RIGHT-OF-WA Y BEING CONVEYED TO ROANOKE COUNTY
BY
RICHARD A. SLUSHER EXHIBIT "B"
PREPARED BY: ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 4/6/2005
R.~/CAD/EPP£RLE't/HORSESHO£_BENO..OWG
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Roanoke County
Department of
Community Development
Road Acceptance
- Road Name: Horseshoe Bend Rd, Rte 936
Road Length: 0.03 miles d
Description: From the current end of state maintanace to proposed T-turnaroun
Magisterial District: Vinton May 26, 2005 Scale: 1 inch equals 200 feet
ACTION NO.
ITEM NO. I -10
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 14, 2005
AGENDA ITEM:
Request to accept Laurel Ridge Drive and a portion of Cortland
Road into the Virginia Department of Transportation
Secondary System, Hollins Magisterial District
SUBMITTED BY:
Arnold Covey
Director, Community Development
Elmer C. Hodge élf
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~
SUMMARY OF INFORMATION:
F&W Community Development Corporation, the developer of The Orchards, Section 1,
Cortland Meadows and Orchard Park, Section 3, requests that the Board of Supervisors
approve a resolution to the Virginia Department of Transportation requesting that they
accept 0.09 mile of Cortland Road, from the intersection with Huntridge Road and Hillview
Drive to its intersection with Laurel Ridge Drive, and 0.07 mile of Laurel Ridge Drive from
its intersection with Cortland Road to the north 0.07 mile to the Roanoke County and
Botetourt County boundary line.
The staff has inspected these roads along with representatives of the Virginia Department
of Transportation and finds the road is acceptable.
FISCAL IMPACT:
No county funding is required.
STAFF RECOMMENDATION:
Staff recommends that the Board approve a resolution to VDOT requesting that they
accept Laurel Ridge Drive and a portion of Cortland Road into the secondary road system.
<I,
--L:~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 14,2005
RESOLUTION REQUESTING ACCEPTANCE OF LAUREL RIDGE DRIVE AND A
PORTION OF CORTLAND ROAD INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM.
WHEREAS, the streets described on the attached Addition Form SR-5(A), fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the
Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation
has advised this Board the streets meet the requirements established by the Subdivision
Street Reauirements of the Virginia Department of Transportation,
WHEREAS, the County and the Virginia Department of Transportation have entered
into an agreement on March 9, 1999 for comprehensive stormwater detention which
applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the streets described on the attached Additions Form
SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements, and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-
of-way, as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to
the resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved by:
Seconded by:
Yeas:
Nays:
A Copy Teste:
Diane Childers, Clerk
Roanoke County Board of Supervisors
pc: Arnold Covey, Director, Department of Community Development
Virginia Department of Transportation
File
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PROPOSED ADDITION SHOWN IN GRAY
DESCRIPTION
LENGTH RIGHT OF WAY ROADWAY WIDTH SERVICES
Gortland Road from the intersection with Huntridge Road
and H-iIIview Drive to the intersection with Laurel Ridge Drive
Laurel Ridge Drive from the intersection with Cortland Road
to the north 0.07 mile to Roanoke County & Botetourt
Co un Bounda Line.
Miles
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Feet
VariabJe
(44 to 60)
50
Feet
36
Houses
4
0.07
34
6
ROANOKE COUNTY The Orchards, Section 1, Cortland Meadows
IJEP.ARTMENT {).F & Orchard Park, Section 3
CO:MMflNITY. EEVE.LOPMENT Acceptance of Laurel Ridge Drive and a portion of Cortland Road into
The Virginia Department of Transportation Secondary System
(n- J
GENERAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
Prior Report Balance
Amount
$9,738,285
% of General
Fund Revenues
6.61 0/0
Addition from 2003-04 Operations
Audited Balance at June 30, 2004
2,050,000
11 ,788,285
July 1, 2004 Explore Park Loan Repayment
20,000
Balance at June 14, 2005
11 ,808,285
8.02%
Note: On December 21, 2004, the Board of Supervisors adopted a policy to maintain the
General Fund Unappropriated Balance for 2004-05 at a range of 7.0%-8.0% of General Fund Revenues
2004 - 2005 General Fund Revenues $147,255,793
70/0 of General Fund Revenues $10,307,906
80/0 of General Fund Revenues $11,780,463
Submitted By Rebecca E. Owens
Director of Finance
Approved By Elmer C. Hodge 8-fJ
County Administrator
{r\-~
COUNTY OF ROANOKE, VIRGINIA
CAPIT AL RESERVES
County Capital Reserve
(Projects not in the CIP, architectural/engineering seNices, and other one-time expenditures.)
Amount
Audited Balance at June 30, 2004 $11,389,450.22
Remaining funds from completed projects at June 30, 2004 347,440.84
Transfer from Department Savings 2003-04 233,419.00
September 28, 2004 Appropriation for the Public Safety Building Project (6,110,540.00)
October 12, 2004 Appropriation for Regional Jail Facility Study (85,922.00)
December 7, 2004 Appropriation for refund to PFC, LLC for PPEA review fees (50,000.00)
January 11 , 2005 Appropriation for tests and studies to review the Higginboth, (250,000.00)
Farms and the existing Roanoke County Jail as sites for the
Regional Jail Facility.
February 22, 2005 Appropriation for projects for fiscal year 2004-2005 Virginia (50,000.00)
Department of Transportation (VDOT) revenue sharing program
March 8, 2005 Appropriation for the purchase of an Emergency Medical Se (155,000.00)
Data Reporting System
Balance at June 14, 2005 $5,268,848.06
Major County Capital Reserve
(Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.)
Appropriation from 2003-04 Operations $1,416,838.00
Balance at June 14, 2005 $1,416,838.00
Submitted By
Rebecca E. Owens
Director of Finance
Approved By
Elmer C. Hodge ëJl
County Administrator
{Ì\-3
RESERVE FOR BOARD CONTINGENCY
COUNTY OF ROANOKE, VIRGINIA
Amount
From 2004-2005 Original Budget $100,000.00
September 28, 2004 Appropriation for professional services provided by (9,000.00)
Chandler Planning
October 12, 2004 Appropriation for Special Assistant for Legislative ( 18,000.00)
Relations
October 26, 2004 Appropriation for participation in a library study (29,700.00)
with the City of Roanoke
April 12, 2005 Appropriation for construction costs associated with (8,150.00)
the Habitat for Humanity House
April 26, 2005 Appropriation for the purchase of five defibrillators
to be used in Roanoke County middle schools (7,500.00)
May 24, 2005 Appropriation for costs of the state-wide dual primary (23,640.00)
Balance at June 14, 2005 $4,010.00
Submitted By Rebecca E. Owens
Director of Finance
Approved By Elmer C. Hodge {tJ
County Administrator
rn-~I
FUTURE CAPITAL PROJECTS
COUNTY OF ROANOKE, VIRGINIA
Savings from 1996-1997 debt budget $ 670,000
Transfer from County Capital Projects Fund 1 , 11 3,043
FY1997-1998 Original budget appropriation 2,000,000
Savings from 1997-1998 debt fund 321 ,772
FY1998-1999 Original budget appropriation 2,000,000
FY1999-2000 Original budget appropriation 2,000,000
Less increase in debt service (1,219,855) 780,145
Savings from 1998-1999 debt fund 495,363
FY2000-2001 Original budget appropriation 2,000,000
Less increase in debt service (1,801,579) 198,421
FY 2001-2002 Original budget appropriation 2,000,000
Less increase in debt service (465,400)
Savings from 2001-02 debt fund 116,594 1 ,651, 194
FY 2002-2003 Original budget appropriation 2,000,000
Less increase in debt service (2,592, 125) (592,125)
FY 2003-2004 Original budget appropriation 2,000,000
Less increase in debt service (2,202,725) (202,725)
FY 2004-2005 Original budget appropriation 2,000,000
Less increase in debt service (4,192,701 ) (2,192,701 )
Balance at June 14, 2005 $ 6,242,387
Submitted By Rebecca E. Owens
Director of Finance
Approved By Elmer C. Hodge C J1
County Administrator
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Jail Study Costs
Report for the June 14, 2005 Meeting of the Roanoke County Board of Supervisors
Item No.
('A-v
Date
DescriDtion
Total
Amount
Roanoke County
Share
Other Loca lity
Share
To Be Paid by
Authority
(or Reimbursed)
October 12,2004 Jail Study Costs
Community Based Corrections Plan-
Prepared by Edd Powell
Note 1
42,100.00
14,941.29
27,158.71
Jail Program Plan
Prepared by HSMM
Note 1
120,000.00
42,588.00
77,412.00
AlE study of existing jail conditions
for Roanoke County Jail
Study by HSMM
28,400.00
28,400.00
190,500.00
85,929.29
104,570.71
$85,922 appropriated October 12, 2004 for
Roanoke County Share of these studies.
Note 1 Each of the four localities have appropriated their own monies for their share of the costs of the
Community Based Corrections Plan and the Jail Program Plan (AlE Study)
January 11 t 2005
Jail Site Studies and Land Options
Option on Higginbotham Site
Second Option to be paid in June, 2005
10,000.00
20,000.00
10,000.00
20,000.00
Environmental Study of Higginbotham Site
Geotechnical Study of Higginbotham Site
13,223.00
13,223.00
N/A
Legal Services
Study of Existing Jail Site for future use
(Roanoke County cost only)
48,000.00
48,000.00
Financial Advisor Services
Bond Counsel Services
Debt Issuance Costs
Cost of Studies and Application Cost
Note 2
91,223.00
48,000.00
43,223.00
Note 2
$250,000 was appropriated by the Roanoke County Board of Supervisors at the January 11, 2005 meeting to cover the cost of the
Feasibility Study of the site of the existing Roanoke County I Salem Jail and also to cover the costs for the Option to Purchase
the Higginbotham Site; the cost of the Environmental Assessment (Phase I) of the site and related Geo·technical study for the
application process; and any related cost for the application process. The cost of the Feasibility Study is the responsibility of
Roanoke County. The other related costs may be shared by the other participating localities or reimbursed to Roanoke County
by the Jail Authority.
Submitted by John Chambliss
Bd Rpt Jail Study Costs 061405
."
ACTION NO.
ITEM NO. ()ì-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 14, 2005
Report from the Virginia Department of Transportation (VDOT)
of changes to the secondary road system in April 2005
AGENDA ITEM:
SUBMITTED BY:
Diane S. Childers
Clerk to the Board
Elmer C. Hodge e f'
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Attached is the list of all changes to the secondary system of state highways in Roanoke
County approved by the Director of the Local Assistance Division in April 2005. All
changes to the secondary system, with the exception of legal discontinuances, are
effective the day they are approved by the Director of the Local Assistance Division.
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ACTION NO.
rn~'t
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA
HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER.
MEETING DATE: June 14,2005.
AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of
May 31,2005.
SUMMARY OF INFORMATION:
BANKERS ACCEPTANCE:
SUNTRUST CAP
330,486.96
330,486.96
CERTIFICATE OF DEPOSITS:
SOUTHWEST VIRGINIA SAVINGS & LOAN
100,000.00
100,000.00
COMMERCIAL PAPER
SUNTRUST CAP
1,084,643.99
1,084,643.99
CORPORATE BONDS
ALEXANDER KEY FED
500,220.00
500,220.00
GOVERNMENT:
ALEXANDER KEY FED
ALEXANDER KEY - Sub Acct
SUNTRUST-CAP
30,489,792.87
4,428,011.50
11,103,944.87
46,021,749.24
LOCAL GOV'T INVESTMENT POOL:
GENERAL OPERATION
13,318,549.31
13,318,549.31
MONEY MARKET:
ALEXANDER KEY FED
ALEXANDER KEY - Sub Acct
SUNTRUST-CAP
SUNTRUST - SWEEP
WACHOVIA
17,469,131.50
9,429.74
2,811 ,206.35
19,587,150.27
2,349,163.90
42,226,081.76
TOTAL
103,581,731.26
06/07/05
ACTION NO.
ITEM NO. 0·1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 14, 2005
Work Session on criteria and process for finding a site for the
new South County Library
AGENDA ITEM:
SUBMITTED BY:
Diane D. Hyatt
Chief Financial Officer
Elmer C. Hodge l! H
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS: ~_
~(~Æ-~:~~
SUMMARY OF INFORMATION:
The five year Capital Improvements Program (CIP) that was recently adopted by the Board
includes funding in 2005-06 to purchase land for a new South County Library. This time
has been set aside to discuss the site selection process. Attached are the suggested
selection criteria for the site.
Diana Rosapepe, Director of Libraries, and members of the Library Board will also be
present at the work session.
0-1
South County Library Project: Selection Criteria
Baseline Requirements:
The County is seeking land for a new library in South County. The minimum single or
assembled lot size would be 5 +/- acres to allow sufficient space for the planned building
(10%); the required number of parking spaces, driveways, and hardscapes (30%); and
landscape and growth room, including equivalent of 20-25% of current building's square
footage, for future expansion (60%). Libraries are permitted in zones C-l, C-2, and A V.
Factors:
1. Demographic patterns
· Is the site centrally located now and for the foreseeable future for
the population it will serve and the employment area surrounding
it? What is the projected development pattern for the area?
2. Site size and configuration
· Does it have sufficient size for the planned facility and parking? Is
the acreage shape (configuration) usable for the plans? Will there
be exceptional development costs to make it usable? What
drainage and water retention considerations exist? What is the
general characteristic of the soil? Are rock or aquifers present?
What is the topographic variation?
3. General conditions
· What is the zoning of the land and adjacent properties? Are
utilities available? What is the distance to hook up? Are there
convenient access routes?
4. Accessibility
· What is the driving time from retail or employment destinations?
Is there public transportation available? What is the proximity to
major thoroughfares? Are there road development costs?
5. Neighborhood compatibility
· What are the current and projected land use patterns for the area?
Does the neighborhood generate library usage?
6. Visibility
· What are the traffic counts for the access roads? How much
frontage is there on major and secondary thoroughfares? Are there
competing uses for the access roads?
7. Image and identity strengths
· Does the area have a positive image? Is there anything nearby that
would reinforce that image? Is there anything nearby that is likely
to detract from the library's image, now or in the anticipated
future?
8. Regulations
· Is it in compliance with zoning, sewer, and drainage regulations?
If not, what is the anticipated cost of compliance?
0-\
9. Ownership
· Is the site easy to assemble and acquire? Are there clear titles,
willing sellers? Must any business or home be acquired or
relocated and at what cost?
10. Assessed value
· What is the current assessed value of the property? Asking price?
Can a single or combined property be acquired at a reasonable
cost?
11. Special Considerations
· Are there any other conditions, restrictions, or unusual
characteristics which might affect a decision to acquire the
property or impact its later utility?
Matrix:
Ranking Valoe
Outstanding
Very Good
Acceptable
Serious limitations
Virtually unacceptable
Ranking Weight
5
4
3
2
1
Site Site Site Site Site Site Site Site
Factor: Weight 1-5 A B C D E F G H Etc.
1. Demographic patterns
2. Site size &
configuration
3. General suitability
4. Accessibility
5. Neighborhood
compatibility
6. Visibility
7. Image and identity
strengths
8. Regulations
9. Ownership
10. Assessed value/Price
11. Special considerations
[Specify]
Total Points
i
ACTION NO.
ITEM NO.
o.-~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 14, 2004
AGENDA ITEM:
Work session to provide an update on the Public Safety
Building Project
SUBMITTED BY:
Dan O'Donnell
Assistant County Administrator
Elmer C. Hodge ~ f/~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
We would like to take this time to bring the Board up to date on the status of the Public
Safety Building project.
The items we would like to discuss are as follows:
1) Negotiation of Guaranteed Maximum Price:
The Guaranteed Maximum Price (GMP), which by contract must be less than the
original Contract Cost Limit (CCL) plus negotiated change orders, has been submitted
by Northrop-Grumman, and we are nearing agreement on the revised contract price.
This negotiation also included revisions to the scope from department reviews of plans
and value engineering. We would like to present the details of these changes to the
Board.
I'
D-~
2) Site Issues:
There have been some site issues that came up during the preliminary site work that
may require change orders in the near future. Some of the cost for these change
orders will come from the 3% contingency funds. They are as follows:
A) Sewer Line Replacement - The sewer line that runs between the School
Administration Building and through the property must be replaced. We have a
proposed change order from Northrop-Grumman that is being negotiated but the
costs will probably exceed the $100,000 limit that the County Administrator is
authorized to execute. We will bring this change order to the Board for approval
after negotiations are complete.
B) Sight Distance Issue I VDOT required improvements - In order to get the
proper sight distance for the entrance to be located at the driveway of the former
Youth Haven II House, a small knoll in Cove Road will need to be flattened.
Although there is no expected additional cost for this, there will be some
disruption of traffic during the road reconstruction. We have discussed this
issue with the neighbors along Cove Road and they are extremely
understanding and willing to work with us to improve traffic safety in the area.
3) Cost for Redundant 911 trunks:
Currently the new Public Safety Building's E-911 service can be fed from one direction
only. In order to provide redundant 911 service we will need to negotiate with Verizon
to provide another path for 911 calls should the primary route be disconnected. We will
be meeting with Verizon in the upcoming weeks to determine the cost. The cost for this
can come from E-911 funds and should not directly impact the Public Safety Building
project's contingency. Negotiation of this issue will be between the County and Verizon
as bringing a redundant 911 service to the site is not in the scope of the agreement
between Roanoke County and Northrop-Grumman.
4) Other Issues:
There are several minor scope issues in addition to these that we may also want to
discuss with the Board if time permits, but none of them exceed the $1 00,000 change
order limit which was established for Board approval.
FISCAL IMPACT:
Currently $759,858 is available in the project contingency and once the GMP negotiations
are finalized, the difference between the CCl and GMP will be added to the contingency.
Any change orders finalized for the site work issues will come from the contingency funds
and will not exceed the amount of the contingency.
2
ACTION NO.
ITEM NO. D- ¿
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 14, 2005
Work session to provide an update on the Virginia Pollutant
Discharge Elimination System (VPDES) Phase II Permit and
Roanoke County's Stormwater Management Plan
AGENDA ITEM:
SUBMITTED BY:
George Simpson
Assistant Director of Community Development
APPROVED BY:
Aaron Hofberg
Civil Engineer I
Elmer C. Hodge ~ fI ~
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This work session has been scheduled to update the Board on the status of the VPDES
phase II permit and present an overview of Roanoke County's Stormwater Management
Plan.
The County entered the third year of the VPDES permit in late April. A presentation will be
given highlighting the significant accomplishments of the first two years of the permit, and
the goals of the upcoming year.
The Roanoke Valley Regional Stormwater Management Plan is the result of a study
conducted by Dewberry & Davis and others in 1997. The overall focus of the plan is the
implementation of policies and procedures for mitigation of floods in the Roanoke Valley.
Master plans were developed for individual watersheds, providing recommendations to
minimize or eliminate flooding problems. A presentation will be given that describes the
plan for one local watershed, and highlights any past, current, and pending projects in that
watershed.
ACTION NO.
ITEM NO.
o-t{
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
June 14,2005
AGENDA ITEM:
Work session to discuss recommendations of revisions to the
County's Procurement Chapter 17 of the County Code
SUBMITTED BY:
Rebecca Owens
Director of Finance
Elmer C. Hodge l ff
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Purchasing Division of the Finance Department is a service organization that has the
responsibility of purchasing commodities, services, construction and professional services
for the County of Roanoke and Roanoke County Public Schools.
Our goal is to make the purchasing process as competitive and objective as possible while
striving to promote high standards for all business relationships. Our objectives are to
obtain on a timely basis products and services as economically as possible as well as
satisfying the specific needs of our operating departments. Also, we endeavor to assure
that the taxpayers receive the maximum value for each dollar expended.
It is the Purchasing Division's policy to operate in accordance with all federal, state and
county regulations and laws pertaining to public procurement. The County strives to
stimulate competitive bidding and to provide all interested vendors/firms with an opportunity
to offer their products and/or services to Roanoke County.
<I
e-'--l
Chapter 17-Procurement Code of the Roanoke County Code has not been updated since
1999. The current procurement code needs to be revised to meet the State Code as a
result of state mandates and legislative changes.
This time has been set aside to discuss in work session recommendations of revisions to
the County's Procurement Code Chapter 17 of the County Code. The recommended
revisions will allow the County to stay current with changes in the State Code in a more
efficient and timely manner while maintaining the integrity of the Procurement process and
the Board's authority.
Attached to this report you will find the following documents:
1. Chapter 17 -Procurement Code of the County Code
2. Virginia Public Procurement Act, Code of Virginia
2
0-4
Chapter 17
PROCUREMENT CODE*
Article I. In General
Title, purpose and application of chapter.
Definitions.
Compliance with conditions of federal grants or contracts not in conformity
with chapter.
Sec. 17-4. Purchasing system created; purchasing agent generally.
Sec. 17-5. General procurement procedure.
Sec. 17-6. Vendor-county relationship.
Sec. 17-7. Availability of funds as prerequisite to purchase.
Sec. 17-8. Formulation of specifications.
Sec. 17-9. Cooperative procurement.
Sec. 17-10. Nondiscrimination provisions required in certain contracts.
Sec. 17-11. Contract pricing arrangements.
Sec. 17-12. Multi-term contracts.
Sec. 17-13. Progress payments and retainage on construction contracts.
Sec. 17-14. Modification of contracts.
Sec. 17-15. Performance and payment bonds generally.
Sec. 17-16. Action on performance bonds.
Sec. 1 7-17. Action on payment bonds.
Sec. 17-18. Unauthorized purchases.
Sec. 17-19. Public access to procurement information.
Sec. 17-20. Disposal of surplus property.
Sec. 17-21. Recycled paper and paper products.
Sec. 17-22. Use of value engineering.
Sees. 17-23-17-35. Reserved.
Sec. 17-1.
Sec. 17-2.
Sec. 17-3.
Article II. Competitive Procurement
Division 1. Generally
General requirement.
Requirements for certain state-aid construction contracts.
Cancellation of invitations and other solicitations; rejection of bids and
proposals.
Sec. 17-39. Exceptions from competitive procurement requirements-Generally.
Sec. 17-40. Same-Sole source procurement.
Sec. 17-41. Same-Emergency purchases.
Sees. 17-42-17-50. Reserved.
Sec. 17-36.
Sec. 17-37.
Sec. 17-38.
Sec. 17-51.
Sec. 17-52.
Division 2. Competitive Bidding
Prequalification of bidders.
Notice of invitation to bid; soliciting bids.
*State law reference-Virginia Public Procurement Act, Code of Virginia, § 11-35 et seq.
Supp. No.5
1053
0-4
ROANOKE COUNTY CODE
Sec. 17-534 Effect of use of brand names in invitation to bid.
Sec. 17-54. Confidential or proprietary data not to be solicited in invitation to bidÞ
Sec. 17-55. Pre-bid conferences.
Sec. 17-56. Bid bonds generally.
Sec. 1 7-57. Security in lieu of bid bond.
Sec. 17-58. Opening and tabulation of bids.
Sec. 17-59. Withdrawal of bid due to error.
Sec. 17-60. Bid evaluation.
Sec. 17-61. Contract award generally.
Sec. 1 7-62. Procedure in case of tie bids.
Sees. 17-63-17-70. Reserved.
Division 3. Competitive Negotiation
SecÞ 17-71. When permitted.
Sec. 17-72. Applicability of sections 17-51,17-53 and 17-55.
Sec. 17-73. Request for proposals generally.
Sec. 17-74. Provisions applicable to procurement of other than professional services.
Sec. 17-75. Provisions applicable to procurement of professional services.
Sees. 17-76-17-85. Reserved.
Division 4. Small Purchases
Definition.
Exemptions from division.
Compliance with procedures; contracts not to be artificially divided so as to
constitute small purchase.
Sec. 17-89. Procedure generally.
Sec. 17-90. Purchases not exceeding one thousand dollars.
Sec. 17-91. Purchases of one thousand dollars and not exceeding five thousand dollars.
Sec. 17-91.1. Purchases of five thousand one dollars and not exceeding thirty thousand
dollars.
Emergency small purchases.
Procedure other than those specified in sections 17-90, 17-91, 17-91.1 and
17-92.
Sec. 17-94. Confidentiality of information prior to award.
Sees. 17-95-17-105. Reserved.
Sec. 17-86.
Sec. 17-87.
Sec. 17-88.
Sec. 17-92.
Sec. 17-93.
Article III. Debarment or Suspension of Prospective Contractors
See. 1 7-106. General au thori ty.
Sec. 17-107. Grounds for debarment.
Sec. 17-108. Written decision required; contents of decision.
Sec. 17-109. Copy of decision to be furnished person involved.
Sec. 17-110. Finality of decision.
Sees. 17-111-17-125. Reserved.
Article æ Remedies of Bidders, Offerors and Contractors
Sec. 17-126. Ineligibility.
Supp. No. 5 1054
0-4
PROCUREMENT CODE
Sec. 17-127. Denial of withdrawal of bid.
Sec4 17-128. Determination of nonresponsibility.
Sec. 17-129. Protest of award or decision to award.
Sec. 17-130. Effect of protest or appeal upon contract.
Sec. 17-131. Stay of award during protest.
Sec. 17-132. Contractual disputes.
Sec. 17-133. Disagreements with vendors.
Sec. 17-1344 Legal actions.
Sees. 17-135-17-150. Reserved.
Sec. 17-151.
Sec. 17-152.
Sec. 17-153.
Sec. 17-154.
Sec. 17-155.
Sec. 17-156.
Sec. 17-157.
Sec. 17-158.
Sec. 17-159.
Supp. No.5
Article V. Ethics in Public Contracting
Definitions.
Relationship of article to state laws on conflict of interests, fraud, etc.
Violations of article.
Conflict of interests generally.
Disclosure of subsequent employment.
Gifts by bidders, offerors, contractors or subcontractors.
Solicitation or acceptance of gifts by public employees.
Kickbacks.
Purchase of building materials, etc., from architect or engineer.
1055
0-4
0-4
PROCUREMENT CODE
§ 17-2
ARTICLE I. IN GENERAL
Sec. 17-1. Title, purpose and application of chapter.
(a) This chapter shall be known and may be cited as the Procurement Code of Roanoke
County.
(b) The purpose of this chapter is to provide for the fair and equitable treatment of all
persons involved in public purchasing by the county, to maximize the purchasing value of
public funds in procurement and to provide safeguards for maintaining a procurement system
of quality and integrity.
(c) This chapter applies to contracts for the procurement of goods, services, insurance and
construction entered into by the county involving every expenditure for public purchasing
irrespective of its source.
(Ord. No. 3350, §§ 2-7,2-9, 12-14-82)
Sec. 17-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the mean-
ings ascribed to them in this s,ection, except where the context clearly indicates a different
meaning:
Bid committee: A committee appointed by the county administrator and comprised of a
member of the board of supervisors, the county administrator and the superintendent of the
using department or his designee.
Brand name or equal specification: A specification limited to one or more items by man-
ufacturers' names or catalogue numbers to describe the standard of quality, performance and
other salient characteristics needed to meet county requirements and which provides for the
submission of equivalent products.
Business: Any corporation, partnership, individual, sole proprietorship, joint stock com-
pany, joint venture or any other private legal entity.
Changeorder: A written order signed and unilaterally issued on behalf of the county
directing the contractor to make changes which the "changes" clauses of the contract autho-
rizes the purchasing agent to order without the consent of the contractor.
Competitive negotiation: A method of source selection which involves individual discus-
sions between the county's designated representative and the offeror on the basis of responses
to the county's request for proposals.
Competitive sealed bidding: A method of source selection which includes the following
elements:
(1) Issuance of a written invitation to bid containing or incorporating by reference the
specifications and contractual terms and conditions applicable to the procurement.
(2) Public notice of the invitation to bid.
1057
0-4
§ 17..2
ROANOKE COUNTY CODE
(3) Public opening and announcement of all bids received.
(4) Evaluation of bids based upon the requirements set forth in the invitation.
(5) Award to the lowest responsive and responsible bidder.
Confidential information: Any information which is available to an employee only because
of the employee's status as an employee of this county and is not a matter of public knowledge
or available to the public on request.
Construction: Building, altering, repairing, improving or demolishing any structure,
building or highway and any draining, dredging, excavation, grading or similar work upon
real property.
Construction management contract: A contract in which a person is retained by the county
to coordinate and administer contracts for construction services for the benefit of the county
and may also include, if provided in the contract, the furnishing of construction services to the
county.
Contract: All types of agreements, regardless of what they may be called, for the procure-
ment of goods, services, insurance or construction.
Contract modification: Any alteration in specifications, delivery point, rate of delivery,
period of performance, price, quantity or other provision of any contract accomplished by
mutual action of the parties to the contract.
Contractor: Any person having a contract with the county.
Cost data: Factual information concerning the cost of labor, material, overhead and other
cost elements which are expected to be incurred or which have been actually incurred by the
contractor in performing the contract.
Cost..reimbursement contract: A contract under which a contractor is reimbursed for costs
which are allowable and allocable in accordance with the contract terms and the provisions of
this chapter and a fee or profit, if any.
County: The County of Roanoke, Virginia, and/or any agency, department, board, com..
mission or like entity thereof.
Direct or indirect participation: Involvement, through decision, approval, disapproval,
recommendation or preparation of any part of a purchase request, influencing the content of
any specification or procurement standard, rendering advice, investigation or auditing, or in
any other advisory capacity.
Disadvantaged business: A small business which is owned or controlled by a majority of
persons, not limited to members of minority groups, who have been deprived oftha opportunity
to develop and maintain a competitive position in the economy because of social disadvan-
tages.
1058
0-4
PROCUREMENT CODE
§ 17-2
Employee.· An individual drawing a salary or wages from the county, whether elected or not;
any noncompensated individual performing personal services for the county; and any
noncompensated individual serving as an elected official of the county.
Goods: All material, equipment, supplies, printing and automated data processing hard-
ware and software.
Informality: A minor defect or variation of a bid or proposal or the receipt thereof from the
exact requirements of the invitation to bid or the request for proposal, which does not affect the
price, quality, quantity or delivery schedule for the goods, services or construction being
procured and which does not place any bidder, offeror or the like, at either a competitive
advantage or disadvantage as the case may be.
Insurance: A contract whereby, for a stipulated consideration, one person undertakes to
compensate the other for loss on a specified subject for specified perils.
Invitation for bids: All documents, whether attached or incorporated by reference, utilized
for soliciting sealed bids.
Nominal value: So small, slight or the like, in comparison to what might properly be
expected, as scarcely to be entitled to the name, but in no case to be more than five dollars
($5.00).
Nonprofessional services: Any services not specific~ly identified herein as professional
services.
Person: Any business, individual, union, committee, club, other organization or group of
individuals.
Pricing data: Factual information concerning prices for items substantially similar to those
being procured. Prices in this definition refer to offer or proposed selling prices, historical
selling prices and current selling prices. The definition refers to data relevant to both prime
and subcontract prices.
Professional services: Work performed by an independent contractor within the scope of the
practice of accounting, acturial services, architecture, land surveying, landscape architecture,
law, medicine, optometry, pharmacy or professional engineering.
Public body: Any legislative, executive or judicial body, agency, office, department, author-
ity, post, commission, committee, institution, board or political subdivision created by law to
exercise some sovereign power or to perform some governmental duty, and empowered by law
to undertake the activities described in this chapter.
Purchasing agent: The purchasing official for this county.
Qualified products list: An approved list of goods, services or construction items described
by model or catalogue number, which prior to competitive solicitation, the county has
determined will meet the applicable specification requirements.
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Request for proposals: All documents, whether attached or incorporated by reference,
utilized for soliciting proposals.
Responsible bidder or offeror: A person who has the capability, in all respects, to perform
fully the contract requirements and the moral and business integrity and reliability which will
assure good faith performance, and who has been prequalified, if required.
Responsive bidder: A person who has submitted a bid which conforms in all substantive
respects to the invitation to bid.
Services: Any work performed by an independent contractor wherein the service rendered
does not consist primarily of acquisition of equipment or materials or the rental of equipment,
materials and supplies.
Sheltered workshop: A work-oriented rehabilitative facility, with a controlled working
environment and individual goals, which utilizes work experience and related services for
assisting handicapped persons to progress toward normal living and a productive vocational
status.
Specification: Any description of the physical or functional characteristics or nature of
goods, services or construction items. It may include a description of any requirement for
inspecting, testing or preparing the goods, services or construction items for delivery.
Value engineering: A systematic process of review and analysis of a capital project by a team
of persons not originally involved in the project. Such team, which shall include one (1) or more
citizens and appropriate professionals licensed in accordance with Chapter 4 of Title 54.1 of
the Code ofVlrginia, may offer suggestions that would improve project quality and reduce total
project cost by combining or eliminating inefficient or expensive parts or steps in the original
proposal or by totally redesigning the project using different technologies, materials or
methods.
(Ord. No. 3350, § 2-8, 12-14-82; Ord. No. 92292-8.j, § 1, 9-22-92; Ord. No. 052896-7, § 1,
5-28-96)
State law reference-Similar definitions of some of the terms defined above, Code of
Virginia, § 11-37.
Sec. 17-3. Compliance with conditions of federal grants or contracts not in confor-
mity with chapter.
Where any procurement transaction involves the expenditure of federal assistance or
contract funds, the receipt of which is conditioned upon compliance with mandatory require-
ments in federal laws or regulations not in conformance with the provisions of this chapter, the
county may comply with such federal requirements, notwithstanding the provisions of this
chapter, only upon the written determination of the board of supervisors that acceptance of the
grant or contract funds under the applicable conditions is in the public interest. Such
determination shall state the specific provision of this chapter in conflict with the conditions
of the grant or contract.
(Ord. No. 3350, § 2-9, 12-14-82)
State law reference-Similar provisions, Code of Virginia, § 11...39.
"- Supp. No.4
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Sec. 17-4. Purchasing system created; purchasing agent generally.
(a) There is hereby created a purchasing system for the county to operate under the
direction and supervision of the county administrator, who shall be the purchasing agent for
the county. The purchasing agent may delegate the administrative purchasing responsibility
to a responsible subordinate, upon approval of the board of supervisors. The purchasing agent
and such designated subordinate shall be bonded, the form and amount of bond to be
determined by the board of supervisors.
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(b) The purchasing agent hereby delegates the administrative purchasing responsibility,
including the operation of the centralized purchasing system of all supplies, equipment, ma-
terials, and commodities for departments, officers, and employees of the county, including the
county school board to the director of procurement services.
(c) The purchasing agent shall serve as the principal public purchasing official for the
county and shall be responsible for the procurement of goods, services, insurance and con-
struction in accordance with this chapter, as well as the management and disposal of supplies.
(d) In accordance with this chapter, the purchasing agent shall:
(1) Purchase or supervise the purchasing of all goods, services, insurance and construc-
tion needed by the county.
(2) Exercise direct supervision over the county's central stores and general supervision
over all other inventories of goods belonging to the county.
(3) Sell, trade or otherwise dispose of surplus goods belonging to the county.
(4) Establish and maintain programs for specifications development, contract adminis-
tration and inspection and. acceptance, in cooperation with the public agencies using
the goods, services and construction 0
(e) The purchasing agent shall have the power and duty to:
(1) Purchase or contract for all goods, services, insurance and construction required by a
using department, except as otherwise provided in this chapter.
(2) Ensure preparation and enforcement of standard specifications.
(3) Ensure the inspection of all deliveries of goods, services or construction purchased
through him· to determine their conformance with the order or contract.
(4) Act to procure for the county the highest quality in goods, services, insurance and
construction at the least expense to the county.
(5) Endeavor to obtain as full and open competition as possible on all purchases and sales.
(6) Keep informed of current developments in the field of purchasing, prices, market
conditions and new products.
(7) Secure for the county the benefits of research done in the fields of purchasing by other
governmental jurisdictions, national societies, national trade associations and private
business and organizations.
(8) Prepare standard purchase nomenclature for goods for the using departments.
(9) Prepare and maintain a vendor's file containing catalogues, descriptions of commod-
ities, prices and discounts.
(10) Declare vendors who default on their quotations as irresponsible bidders and dis-
qualify them from receiving business from the county for a stated period of time,
subject to approval by the board of supervisors.
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§ 17-4
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(11) Develop and maintain a current file of sources of goods, services, insurance and
construction to be known as a "bidder list" to which vendors can request to be added.
(12) Maintain an accurate listing and status of all outstanding contracts, including expi-
ration dates, established a list of the needs assessment of the several departments,
develop a process for renewal of expiring contracts and develop a checklist to evaluate
the quality of completion of all contracts.
(13) Perform all other functions and duties, including administrative service to the bid
committee, in keeping with sound purchasing practices and such other duties as may
be assigned.
(Ord. No. 3350, §§ 2-11, 2-12, 12-14..82; Ord. No. 85-33, § 1, 3-12..85; Ord. No. 85-161, 9-24..85;
Ord. No. 62888-14, § 2, 6-28-88)
Sec. 17-5. General procurement procedure.
Mter receiving a request for goods, services or the like, from a using department or
agency, the purchasing agent shall promptly proceed to satisfy the requirements in the most
efficient manner. Where practical, standardized inventories, standardized specifications, ex·
isting contracts and the use of free ~nd open competition should be used to satisfy these needs.
This process will require proper planning by the using departments to prevent unreasonable
delays or the use of unsound purchasing practices which may not be in the best interest of the
county. The purchase requisition shall include specific detail, brand name or adequate spec-
ifications to ensure the procurement of the item needed.
(Ord. No. 3350, § 2..13, 12-14-82)
Sec. 17-6. Vendor-county relationship.
The relationship between the county, as purchaser, and the seller is one of mutuality. It
is the responsibility of the purchasing agent to establish a relationship of mutual confidence
and satisfaction between the county and its suppliers. - It is, therefore, necessary that the
purchasing agent be aware of all transactions that are conducted between the county and its
suppliers. Departments 'should not be burdened with visits from suppliers. The county's time
and that of suppliers will be saved if the following procedures are observed:
(1) All vendors' representatives shall follow procedures established by the purchasing
agent when it is necessary to contact other departments.
(2) When necessary for the departments to correspond with the vendors on some tech-
nical matter, copies of that correspondence should be sent to the purchasing agent.
(Ord. No. 3350, § 2..66, 12-14..82)
Sec. 17-7. Availability of funds as prerequisite to purchase.
, (a) The purchasing agent shall refuse to issue any purchase order until there has been
certification that there is to the credit of the requesting department a sufficient unencumbered
appropriated balance, in excess of all unpaid obligations, to defray the amount of such order.
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(b) Before any purchase is made, the purchasing agent shall determine the availability of
sufficient funds to cover the purchase. If funds are unavailable, the department head shall be
responsible for initiating the request for funds.
(OrdÞ No. 3350, §§ 2-12, 2-67, 12-14-82)
Sec. 17 -8. Formulation of specifications.
It shall be the purchasing agent's responsibility to formulate, in conjunction with the user
department, nonrestrictive specifications to ensure quality levels equal to the intended use of
an item.
(Ord. No. 3350, § 2-62, 12-14-82)
Sec. 17-9. Cooperative procurement.
The county may participate in, sponsor, conduct or administer cooperative procurement
agreements with one or more other public bodies for the purpose of combining requirements to
increase efficiency or reduce administrative expenses. Any public body which enters into a
cooperative procurement agreement with the county shall agree to comply with the provisions
and procedures adopted by this chapter.
(Ord. NoÞ 3350, § 2-16, 12-14-82)
State law reference-Authority for cooperative procurement, Code of Virginia, § 11-40.
Sec. 17-10. Nondiscrimination provisions required in certain contracts.
Every contract of over ten thousand dollars ($10,000ÞOO) shall include the following
provisions:
(a) During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of age, race, religion, color, sex or national origin, except
where religion, sex or national origin is a bona fide occupational qualification
reasonably necessary to the normal operation of the contractor. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
(2) The contractor, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, will state that such contractor is an equal opportunity
em player.
(3) Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
(b) The contractor will include the provisions of the foregoing subparagraphs (1), (2) and
(3) in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so
that the provisions will be binding upon each subcontractor or vendor.
(Ord. No. 3350, § 2-19, 12-14-82)
State law reference-Similar provisions, Code of Virginia, § 11-51.
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§ 17-11
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Sec. 17-11. Contract pricing arrangements.
(a) Except as prohibited herein, public contracts may be awarded on a fixed price or cost
reimbursement basis, or on any other basis that is not prohibited.
(b) Subject to the limitations of this section, any type of contract which is appropriate to the
procurement and which will promote the best interests of the county may be used; provided
that the use of a cost-plus-a-percentage-of-cost contract or a cost-plus-a-percentage-of-construction-
cost contract are prohibited. A cost reimbursement contract may be used only when a
determination is made in writing that such contract is likely to be less costly to the county than
any other type or that it is impracticable to obtain the supply, service or construction item
required except under such a contract.
(Ord. No. 3350, § 2-32, 12-14-82)
State law reference-Contract pricing arrangements, Code of Virginia, § 11-43.
Sec. 17-12. Multi-term contracts.
Unless otherwise provided by law, a contract for goods, services or insurance may be entered
into for any period of time deemed to be in the best interests of the county, provided the term
of the contract and conditions of renewal or extension, if any, are included in the solicitation
and funds are available for the first fiscal period at the time of contracting. Payment and
performance obligations for succeeding fiscal periods shall be subject to the availability and
appropriation of funds therefor. When funds are not appropriated or otherwise made available
to support continuation of performance in a subsequent fiscal period, the contract shall be
cancelled without liability to the county.
(Ord. No. 3350, § 2-32, 12-14-82)
Sec. 17-13. Progress payments and retainage on construction contracts.
(a) In any public contract for construction which provides for progress payments in
installments based upon an estimated percentage of completion, the contractor shall be paid at
least ninety-five (95) percent of the earned sum when payment is due, with not more than five
(5) percent being retained to assure faithful performance of the contract. All amounts withheld
may be included in the final payment.
(b) Any subcontract for a public project which provides for similar progress payments shall
be subject to the same limitations.
(Ord. No. 3350, § 2-34, 12-14-82)
State law reference-Similar provisions, Code of Virginia, § 11-56.
Sec. 17-14. Modification of contracts.
A public contract may include provisions for modification of the contract during perfor-
mance, but no fixed-price contract may be increased by more than twenty-five (25) percent of
the amount of the contract or ten thousand dollars ($10,000.00), whichever is greater, without
the advance written approval of the board of supervisors.
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§ 17-15
In no event may the amount of any contract, without adequate consideration, be increased
for any purpose, including, but not limited to, relief of an offeror from the consequences of an
error in its bid or offer.
(Ord. No. 3350, § 2-33,12-14-82; Ord. No. 92292-8.j, § 1,9-22-92; Ord. No. 61395-7, § 1,6-13-95)
State law reference-Similar provisions, Code of Virginia, § 11-55.
Sec. 17-15. Performance and payment bonds generally.
(a) Upon the award of any public construction contract exceeding one hundred thousand
dollars ($100,000.00) to any prime contractor, such contractor shall furnish to the board of
supervisors the following bonds:
(1) A performance bond in the sum of the contract amount conditioned upon the faithful
performance of the contract in strict confonnity with the plans, specifications and
conditions of the contract.
(2) A payment bond in the sum of the contract amount. Such bond shall be for the
protection of claimants who have and fulfill contracts to supply labor or materials to
the prime contractor to whom the contract was awarded, or to any subcontractors, in
the prosecution of the work provided for in such contract, and shall be conditioned upon
the prompt payment for all such material furnished or labor supplied or performed in
the prosecution of the work. "Labor or materials" shall include public utility services
and reasonable rentals of equipment, but only for periods when the equipment rented
is actually used at the site.
(b) Each bond required by this section shall be executed by one or more surety companies
selected by the contractor, which surety or sureties are legally authorized to do business in the
commonwealth.
(c) Bonds required by this section shall be made payable to the board of supervisors and
shall be filed with the board or an office or official designated by the board.
(d) Nothing in this section shall preclude the purchasing agent, after consultation with the
county administrator, from requiring payment or performance bonds for contracts other than
those specified in subsection (a) above, in amounts to be determined by the purchasing agent
and specified in the invitation to bid.
(e) Nothing in this section shall preclude such a contractor from requiring each subcontrac-
tor to furnish a payment bond with surety thereon in the sum of the full amount of the contract
with such subcontractor conditioned upon the payment to all persons who have and fulfill
contracts which are directly with the subcontractor for performing labor and furnishing
materials in the prosecution of the work provided for in the subcontract.
(f) In lieu of a performance or payment bond required by or under this section, a contractor
may furnish a certified check or cash escrow in the face amount required for the bond.
(Ord. No. 3350, §§ 2-25, 2-35, 2-38, 12-14-82; Ord. No. 92292-8.j, § 1, 9-22-92)
State law reference-Similar provisions, Code of Virginia, §§ 11-58, 11-61.
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§ 17-16
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Sec. 17-16. Action on performance bonds.
No action against the surety on a performance bond given pursuant to section 17-15 shall be
brought, unless within one year after:
(1) Completion of the contract, including the expiration of all warranties and guarantees;
or
(2) Discovery of the defect or breach of warranty, if the action be for such.
(Ord. No. 3350, § 2-36, 12-14-82)
State law reference-Similar provisions, Code of Virginia, § 11-59.
Sec. 17-17. Action on payment bonds.
(a) Subject to the provisions of subsection (b) hereof, any claimant who has performed labor
or furnished materials in accordance with the contract for which a payment bond has been
given pursuant to section 17-15 and who has not been paid in full therefor before the expiration
of ninety (90) days after the day on which such claimant performed the last of such labor or
furnished the last of such materials for which he claims payment, may bring an action on such
payment bond to recover any amount due him for such labor or material, and may prosecute
such action to final judgment and have execution on the judgment. The obligee named in the
bond need not be named a party to such action.
(b) Any claimant who has a direct contractual relationship with any subcontractor from
whom the contractor has not required a subcontractor payment bond but who has no
contractual relationship, express or implied, with such contractor, may bring an action on the
contractor's payment bond only if he has given written notice to such contractor within one
hundred eighty (180) days from the day on which the claimant performed the last of the labor
or furnished the last of the materials for which he claims payment, stating with substantial
accuracy, the amount claimed and the name of the person for whom the work was performed
or to whom the material was furnished. Any claimant who has a direct contractual relationship
with a subcontractor from whom the contractor has required a subcontractor payment bond,
but who has no contractual relationship, express or implied, with such contractor, may bring
an action on the subcontractor's payment bond. Notice to the contractor shall be served by
registered or certified mail, postage prepaid, in an envelope addressed to such contractor at
Supp. No.5
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§ 17-20
any place where his office is regularly maintained for the transaction of business. Claims for
sums withheld as retainages with respect to labor performance or materials furnished, shall
not be subject to the time limitations stated in this subsection~
(c) Any action on a payment bond must be brought within one year after the day on which
the person bringing such action last performed labor or last furnished or supplied materials.
( Ord~ No. 3350, § 2-37, 12-14..82)
State law reference-Similar provisions, Code of Virginia, § 11-60~
Sec. 17-18. Unauthorized purchases.
Except as otherwise provided in this chapter, no county official, elected or appointed, and no
county employee shall purchase or contract for any goods, services, insurance or construction
within the purview of this chapter, other than by and through the purchasing system, and any
purchase order or contract made contrary to the provisions of this section is void and the
county shall not be bound thereby~
(Ord. No~ 3350, § 2-14, 12-14-82)
Sec. 17-19. Public access to procurement information.
(a) Except as otherwise provided herein, all proceedings, records, contracts and other public
records relating to procurement transactions shall be open to the inspection of any citizen or
any interested person, in accordance with the Virginia Freedom of Information Act~ Cost
estimates relating to a proposed transaction prepared by or for the county shall not be open to
public inspection. Any bidder or offeror, upon request, shall be afforded the opportunity to
inspect bid and proposal records within a reasonable time after the opening of all bids but prior
to award, except in the event that the county decides not to accept any of the bids. Otherwise,
bid and proposal records shall be open to public inspection only after award of the contract.
(b) Any inspection of procurement transaction records under this section shall be subject to
reasonable restrictions to ensure the security and integrity of the records. Trade secrets or
proprietary information submitted by a bidder, offeror or contractor in connection with a
procurement transaction shall not be subject to public disclosure under the Virginia Freedom
of Information Act; however, the bidder, offeror or contractor must invoke the protections of
this provision prior to or upon submission of the data or other materials, and must identify the
data or other materials to be protected and state the reasons why protection is necessary~
(Ord. No. 3350, § 2-18, 12-14-82)
State law references-Similar provisions, Code of Virginia, § 11-52; Freedom of Inform a-
tion Act, § 2.1-340 et seq.
Sec. 17-20. Disposal of surplus property.
(a) All using departments shall submit to the purchasing agent, at such time and in such
form as he shall prescribe, reports showing stocks of all supplies which are no longer used or
which have become obsolete, worn out or scrapped.
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§ 17-20
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(b) The purchasing agent shall have the authority to transfer surplus stock to other using
agencies.
(c) The purchasing agent shall have the authority to sell all supplies which have been
unsuitable for public use, or to exchange the same for, or trade in the same on, new supplies.
(d) All sales of property pursuant to this section shall be sold on the basis of competitive
bids, wherever feasible, to obtain the highest price. The purchasing agent may require sealed
bids in his discretion.
(Ord. No.. 3350, § 2-44, 12-14-82)
Sec. 17-21. Recycled paper and paper products.
(a) Recycled paper and paper products means any paper and paper product meeting the
EPA Recommended Content Standards as defined in 40 C.F.R. Part 250.
(b) In determining the award of any contract for paper or paper products to be purchased
for use by any division, department, or agency of the County of Roanoke, Virginia, the
purchasing agent for the County of Roanoke shall use competitive sealed bidding and shall
award the contract to the lowest responsible bidder offering recycled paper or paper products
of a quality suitable for the purpose intended, so long as the bid price is not more than ten (10)
percent greater than the bid price of the lowest responsive and responsible bidder offering a
product that does not qualify as recycled paper and paper products under this section.
(Ord. No. 62591-10, § 1, 6-25-91)
Sec. 17-22. Use of value engineering.
The purchasing agent shall ensure that value engineering is employed for any capital
construction project costing more than two million dollars ($2,000,000.00). The board of
supervisors may waive the requirements of this section for any proposed capital construction
project for compelling reasons. Any such waiver shall be in writing, state the reasons for the
waiver, and apply only to a single capital construction project.
(Ord. No. 052896-7, § 2, 5-28-96)
Sees. 17-23-17-35. Reserved.
ARTICLE D. COMPETITIVE PROCUREMENT
DIVISION 1. GENERALLY
Sec. 17-36. General requirement.
All public contracts with nongovernmental contractors for the purchase or lease of goods or
for the purchase of services, insurance or construction shall be awarded after competitive
sealed bidding or competitive negotiation as provided in this article, unless otherwise
authorized by law.
(Ord. No. 3350, § 2-17, 12-14-82)
State law reference-Similar provisions, Code of Virginia, § 11-41A.
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§ 17-39
Sec. 17-37. Requirements for certain state-aid construction contracts.
No contract for the construction of any building or for an addition to or improvement of an
existing building, for which state funds often thousand dollars ($10,000.00) or more, either by
appropriation, grant-in-aid or loan, are used or are to be used for all or part of the cost of
construction, shall be let except after competitive sealed bidding or competitive negotiation.
The procedure for advertising for bids or proposals and letting the contract shall conform,
mutatis mutandis, to this chapter~ No person shall be eligible to bid on, or submit a proposal
for, any such contract, nor to have the same awarded to him, if he has been engaged as
architect or engineer for the same project under a separate contract.
(Ord. No. 3350, § 2-17,12-14-82)
State law reference-Similar provisions, Code of Virginia, § 11-41.1~
Sec. 17-38. Cancellation of invitations and other solicitations; rejection of bids and
proposals.
An invitation for bids, a request for proposals or any other solicitation provided for in this
article may be cancelled, or any or all bids or proposals may be rejected, in whole or in partJ
when the board of supervisors determines that it is in its best interest to do so. The reasons for
such action shall be made a part of the record in the matter.
(Ord. No. 3350, § 2-26, 12-14-82)
State law reference-Similar provisions, Code of Virginia, § 11-42.
Sec. 17-39. Exceptions from competitive procurement requirements-Generally.
The following transactions are hereby exempt from the competitive procurement require-
ments of this article:
(1) Purchases from the state penitentiary or the state purchasing department warehouse.
(2) Legal services associated with actual or potential litigation.
(Ord. No. 3350J § 2-43J 12-14-82)
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§ 17..50
Sec. 17·40. Same-Sole source procurement.
(a) A contract may be awarded without competition when the purchasing agent deter-
mines, in writing, after conducting a good faith review of available sources, that there is only
one source for the required goods, services, insurance or construction items. The purchasing
agent shall conduct negotiations, as appropriate, as to price, delivery and terms. A record of
sole source procurements shall be maintained that lists each contractor's name, the amount
and type of each contract, a listing of the items procured under each contract and the identi-
fication number of each contract file.
(b) Where proprietary or patent rights exist and only one source is available for a required
item or service, the requirement for competitive procurement may be waived. Documentation
of the sole source procurement shall be maintained in accord·ance with this section.
(Ord. No. 3350, §§ 2-41, 2-63, 12-14-82)
State law reference-Similar provisions, Code of Virginia, § 11-41D.
Sec. 17-41. Same-Emergency purchases.
(a) For the purposes of this section, an emergency shall be deemed to exist when a break-
down in machinery or equipment or a threatened termination of essential services or a dan-
gerous condition develops, or when any unforeseen circumstances arise causing curtailment or
diminution of an essential service, or where materials or services are needed to prevent loss of
life or property.
(b) In case of emergency, purchases may be made in accord with this section, without
competitive sealed bidding or competitive negotiation.
(c) If an emergency occurs during regular business hours, the using department shall
immediately notify the purchasing agent who, after consultation with the county adminis-
trator, shall either purchase the required supplies or contractual services or authorize the
department to do so.
(d) If an emergency occurs at times other than regular business hours, the using depart-
ment may purchase directly the required goods or contractual services. The department shall,
however, whenever practicable, secure competitive telephone bids and order delivery to be
made by the lowest responsible bidder. The department shall also, not later than the next
regular business day thereafter, submit to the purchasing agent a requisition, a tabulation of
bids received, if any, a copy of the delivery record and a brief written explanation of the
circumstances of the emergency or follow other procedures as may be set forth by the pur-
chasing agent.
(Ord. No. 3350, § 2-42, 12-14-82)
State law reference-Emergency purchases, Code of Virginia, § 11-41E.
Sees. 17-42-17·50. Reserved.
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§ 17-51
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DMSION 2. COMPETITIVE BIDDING
Sec. 17·51. Prequalification of bidders.
(a) The purchasing agent is authorized to prequalify bidders prior to any solicitation of
bids, whether for goods, services, insurance or construction, by requiring prospective bidders
to submit such information as the purchasing agent shall deem appropriate, including sam..
pIes, financial reports and references; provided, however, that opportunity to prequalify shall
be given to any prospective bidder who has not been suspended or debarred under this chapter.
(b) The purchasing agency may refuse to prequalify any prospective contractor, provided
written reasons for refusing to prequalify are made a part of the record in each case. The
decision of the purchasing agent shall be fmal.
(c) In considering any request for prequalification, the purchasing agent shall determine
whether there is reason to believe that the bidder possesses the management, financial sound-
ness and history of performance which indicate apparent ability to successfully complete the
plans and specifications of the invitations for bid. The purchasing agent may employ standard
forms designed to elicit necessary information or may design other forms for that purpose.
(d) Prequalification of a bidder shall not constitute a conclusive determination that the
bidder is responsible, and such bidder may be rejected as nonresponsible on the basis of
subsequently discovered information.
(e) Failure of a bidder to prequalify with respect to a given procurement shall not bar the
bidder from seeking prequalification as to future procurements, or from bidding on procure-
ments which do not require prequalification.
(Ord. No. 3350, § 2-20, 12-14-82)
State law reference-Prequalification of prospective contractors, Code of Virginia, §
11-46.
Sec. 17-52. Notice of invitation to bid; soliciting bids.
(a) Notice inviting sealed bids shall be published once, in at least one newspaper of
general circulation in the county, at least seven (7) days preceding the last day set for the
receipt of bids. Such newspaper notice shall include a general description of the articles to be
purchased or sold, shall state where bid blanks and specifications may be secured and the time
and place for opening bids.
(b) The purchasing agent shall solicit sealed bids from all responsible prospective sup-
pliers who have requested their names to be added to a "bidders' list" which the agent shall
maintain, by sending such notice as will acquaint them with the proposed purchase or sale. In
any case, invitations sent to the vendors on the bidders' list shall be limited to commodities
that are similar in character and ordinarily handled by the trade group to which the invita-
tions are sent.
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(c) The purchasing agent shall also advertise all pending purchases or sales by notice
posted on an appropriate public bulletin board.
(Ord. No. 3350, § 2-21, 12-14-82)
Sec. 17-53. Effect of use of brand names in invitation to bid.
Unless otherwise provided in the invitation to bid, the name of a certain brand, make or
manufacturer does not restrict bidders to the specific brand, make or manufacturer named. It
conveys the general style, type, character and quality of the article desired and any article
which the board of supervisors, in its sole discretion, determines to be the equal of that
specifled, considering quality, workmanship, economy of operation and suitability for the
purpose intended, shall be accepted.
(Ord. No. 3350, § 2-22, 12..14..82)
State law reference-Similar provisions, Code of Virginia, § 11-49.
Sec. 17-54. Confidential or proprietary data not to be solicited in invitation to bid.
No confidential or proprietary data shall be solicited in any invitation for bids.
(Ord~ No. 3350, § 2..8, 12-14..82)
Sec. 17-55. Pre-bid conferences.
For complex equipment, supplies, construction or repair, pre-bid conferences with prospec-
tive bidders are desirable after draft specifications have been prepared. Such conferences help
to detect unclear provisions and tend to widen competition by removing unnecessarily restric-
tive language. Conferences on purchasing bids will be called by the purchasing agent and
attended by the appropriate departmental representative.
(Ord. No. 3350, § 2-23, 12-14-82)
State law reference-Duty of county to establish procedure for receipt of comments on
specifications, Code of Virginia, § 11-50.
Sec. 17-56. Bid bonds generally.
(a) Except in cases of emergency, all bids or proposals for construction contracts in excess
of twenty-five thousand dollars ($25,000.00) shall be accompanied by a bid bond, with corpo-
rate surety selected by the bidder, which surety is legally authorized to do business in the
commonwealth, as a guarantee that, if the contract is awarded to such bidder, the bidder will
enter into the contract for the work mentioned in the bid. The amount of such bid bond shall
not exceed five (5) percent of the amount bid. No forfeiture under such a bid bond shall exceed
the lesser of the difference between the bid for which the bond was written and the next low
bid or the face amount of the bid bond..
(b) At the discretion of the purchasing agent, after consultation with the county admin-
istrator, bidders for contracts other than those specified in subsection (a) above may be re..
quired to submit with a bid bond, in an amount to be determined by the purchasing agent and
specified in the invitation to bid, which shall be forfeited to the board of supervisors, as
liquidated damages, upon the bidder's failure to execute a contract awarded to him or upon the
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bidder's failure to furnish any required performance or payment bond in connection with a
contract awarded to him.
(Ord. No. 3350, §§ 2-24, 2-25, 12..14-82)
State law references-Provisions similar to subsection (a) above, Code of Virginia, §
11..57; authority for subsection (b), § 11-62.
Sec. 17-57. Security in lieu of bid bond.
(a) In lieu of a bid bond, a bidder may furnish a certified check or cash escrow in the face
amount required for the bond.
(b) If approved by the county attorney, a bidder may furnish a personal bond, property
bond or bank or savings and loan association's letter of credit on certain designated funds in
the face amount required for the bid bond. Approval shall be granted only upon a determina..
tion that the alternative form of security proffered affords protection to the board of supervi..
sors equivalent to the corporate surety's bond.
(Ord. No. 3350, § 2..38, 12-14..82)
State law reference-Similar provisions, Code of Virginia, § 11-61.
Sec. 17-58. Opening and tabulation of bids.
Bids shall be opened publicly in the presence of one or more witnesses at the time and
place designated in the invitation for bids. The amount of each bid and such other relevant
information as the purchasing agent deems appropriate, together with the name of each
bidder, shall be tabulated and recorded. A tabulation of all bids received shall be posted for
public inspection.
(Ord. No. 3350, § 2..27, 12..14..82)
Sec. 17-59. Withdrawal of bid due to error.
(a) A bidder for a public construction contract, other than a contract for construction or
maintenance of public highways, may withdraw his bid from consideration, if the price bid was
substantially lower than the owner bids due solely to a mistake therein, provided the bid was
submitted in good faith and the mistake was a clerical mistake, as opposed to a judgment
mistake, and was actually due to an unintentional arithmetic error or an unintentional omis-
sion of a quantity of work, labor or material made directly in the compilation of a bid, which
unintentional arithmetic error or unintentional omission can be clearly shown by objective
evidence drawn from inspection of original work papers, documents and materials used in the
preparation of the bid sought to be withdrawn. The procedure for such bid withdrawal shall be
stated in the advertisement for bids and shall be as follows: Any bidder claiming the right to
withdraw his bid shall give notice in writing of this claim of right to withdraw his bid within
two (2) business days after the conclusion of the bid opening procedure.
(b) Procedures for the withdrawal of bids of other than construction contracts may be
established by the purchasing agent.
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(c) No bid may be withdrawn under this section when the result would be the awarding
of the contract on another bid of the same bidder or of another bidder in which the ownership
of the withdrawing bidder is more than five (5) percent.
(d) If a bid is withdrawn under the authority of this section, the lowest remaining respon-
sible bid shall be deemed to be the low bid.
(e) No bidder who is permitted to withdraw a bid shall, for compensation, supply any
material or labor to or perform any subcontract or other work agreement for the person to
whom the contract is awarded or otherwise benefit, directly or indirectly, from the perfor-
mance of the project for which the withdrawn bid was submitted.
(D If the board of supervisors denies the withdrawal of a bid under the provisions of this
section, it shall notify the bidder in writing, stating the reasons for its decision.
(Ord. No. 3350, § 2..28, 12..14-82)
State law reference-Similar provisions, Code of Virginia, § 11..54.
Sec. 17-60. Bid evaluation.
(a) In determining the lowest responsible bidder, in addition to the price, the purchasing
agent and/or bid committee shall consider:
(1) The ability, capacity and skill of the bidder to perform the contract or provide the
service required.
(2) Whether the bidder can perform the contract or provide the service promptly or
within the time specified, without delay or interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the bidder.
(4) The quality of performance of previous contracts or services.
(5) The previous and existing compliance by the bid~er with laws and policies relating to
the contract or service.
(6) The sufficiency of the financial resources and ability of the' bidder to perform the
contract or provide the service.
(7) The quality, availability and adaptability of the goods or services to the particular use
required.
(8) The ability of the bidder to provide future maintenance and service for the use of the
subject of the contract.
(9) The number and scope of conditions attached to the bidÞ
(10) If any bidder is a resident of any other state and such state under its laws allows a
resident contractor of that state preference, a like preference may be allowed to the
lowest responsible bidder who is a resident of Virginia.
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(b) No special consideration should be shown to local vendors, but in determining the
lowest responsible bidder, consideration should be given to purchase price, availability and
cost of parts and service, transportation costs, availability of technical assistance and any
other potential costs which may be associated with the purchase.
(Ord. No. 3350, §§ 2..29, 2..65, 12..14-82)
State law reference-Provisions similar to subsection (a)(lO) above, Code of Virginia, §
11-47.
Sec. 17-61. Contract award generally.
A contract shall be awarded with reasonable promptness, by written notice to the lowest
responsible bidder whose bid meets the requirements and criteria set forth in the invitation for
bids. In the event all bids for a construction project exceed available funds and the lowest
responsive and responsible bid does not exceed such funds by more than ten (10) percent, the
board of supervisors may authorize, when time or economic considerations preclude resolici-
tation of work of a reduced scope, negotiation of an adjustment of the bid price with the lowest
responsive and responsible bidder in order to bring the bid within the amount of available
funds.
(Ord. No. 3350, § 2-30, 12-14-82)
State law reference-Negotiation with lowest responsible bidder, Code of Virginia, §
11..53.
Sec. 17-62. Procedure in case of tie bids.
In the case of a tie bid, preference shall be given to goods, services and construction
produced in the county or provided by county residents and thereafter to goods, services and
construction produced in Virginia or provided by Virginia residents, if any of such choices are
available; otherwise the tie shall be decided by lot.
(Ord. No. 3350, § 2..31, 12-14..82)
State law reference-Similar provisions, Code of Virginia, § 11-47.
Sees. 17-63-17-70. Reserved.
DMSION 3. COMPETITIVE NEGOTIATION
Sec. 17-71. When permitted.
(a) Professional services may be procured by competitive negotiation.
(b) When the purchasing agent, after consultation with the county administrator, deter-
mines in writing that the use of competitive sealed bidding is either not practicable or not
advantageous to the county, a contract may be entered into by use of competitive negotiation.
(Ord. No. 3350, §§ 2..30, 2-40, 12-14-82)
State law reference-Similar provisions, Code of Virginia, §§ 11-41B, 11-41C.
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Sec. 17-72. Applicability of sections 17-51, 17-53 and 17-55.
The provisions of sections 17-51, 17-53 and 17-55 of this article shall apply to competitive
negotiation pursuant to this division.
(Ord. No. 3350, §§ 2-39, 2-40, 12-14-82)
Sec. 17-73. Request for proposals generally.
Proposals under this division shall be solicited through a request for proposals. Adequate
public notice of the request for proposals shall be given in the same manner as provided for
competitive sealed bids, provided that, the minimum time shall be seven (7) calendar days.
(Ord. No. 3350, §§ 2-39, 2-40, 12-14-82)
Sec. 17-74. Provisions applicable to procurement of other than professional ser-
vices.
(a) The provisions of this section shall apply to procurements by competitive negotiation,
except the procurement of professional services. Such provisions shall be in addition to those
of sections 17-72 and 17-73.
(b) No proposals shall be handled so as to permit disclosure of the identity of any offeror or
the contents of any proposal to competing offerors during the process of negotiation.
(c) The request for proposals shall state the relative importance of price and other
evaluation factors.
(d) As provided in the request for proposals, discussion may be conducted with responsible
offerors who submit proposals determined to be reasonably susceptible of being selected for
award, for the purpose of clarification to assure full understanding of, and conformance to the
solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to
any opportunity for discussion and revision of proposals and such revisions may be permitted
after submission and prior to award, for the purpose of obtaining best and final offers. In
conducting discussions, there shall be no disclosure of the identity of competing offerors or of
any information derived from proposals submitted by competing offerors.
(e) Award shall be made to the responsible offeror whose proposal is determined in writing
to be the most advantageous to the county, taking into consideration price and the evaluation
factors set forth in the request for proposals. No other factors or criteria shall be used in the
evaluation. The contract file shall contain the basis on which the award is made.
(Ord. No. 3350, § 2-39, 12-14-82)
Sec. 17-75. Provisions applicable to procurement of professional services.
(a) The provisions of this section shall apply to the procurement of professional services by
competitive negotiation. Such provisions shall be in addition to those of sections 17-73 and
17-74.
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§ 17-75
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(b) The purchasing agent shall engage in individual discussions with offerors deemed most
fully qualified, responsible and suitable on the basis of initial responses and with emphasis on
professional competence to provide the required services. Repetitive informal interviews shall
be permissible. Such offerors shall be encouraged to elaborate on their qualifications and
performance data or staff expertise pertinent to the proposed project, as well as alternative
concepts. These discussions may encompass nonbinding estimates of total project costs,
including, where appropriate, design, construction and life cycle costs. Methods to be utilized
in arriving at price for services may also be discussed. Proprietary information from competing
offerors shall not be disclosed to the public or to competitors.
(c) At the conclusion of discussion, as outlined in subsection (b) above, on the basis of
evaluation factors published in the request for proposals and all information developed in the
selection process to this point, the purchasing agent shall select, in the order of preference, two
(2) or more offerors whose professional qualifications and proposed services are deemed most
meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first. If
a contract satisfactory and advantageous to the county can be negotiated at a price considered
fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the
offeror ranked first shall be formally terminated and negotiations conducted with the offeror
ranked second, and so on until such contract can be negotiated at a fair and reasonable price.
(d) Should the purchasing agent determine, in writing and in his sole discretion, that only
one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable
than the others under consideration, a contract may be negotiated and awarded to that offeror.
(Ord. No. 3350, § 2-40, 12-14-82; Ord. No. 92292-8.j, § 1, 9-22-92)
Sees. 17-76-17-85. Reserved.
DIVISION 4. SMALL PURCHASES*
Sec. 17-86. Definition.
For the purpose of this division, "small purchases" shall be defined as purchases of goods,
services, equipment, insurance, construction or other items needed in the day-to-day opera-
tions of the county, the monetary value of which does not exceed thirty thousand dollars
($30,000).
(Ord. No. 3350, § 2-57, 12-14-82; Ord. No. 85-33, § 1, 3-12-85; Ord. No. 22586-54, § 1, 2-25-86;
Ord. No. 92292-8.j, § 1, 9-22-92; Ord. No. 012699-9, 1-26-99)
Sec. 17-87. Exemptions from division.
The following items and services are exempted from the small purchases provisions of this
division:
(1) Professional services.
*State law reference-Authority to establish procedures for small purchases, Code of
Virginia, § 11-41F.
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(2) Building contracts.
(3) Purchase of real property.
(4) Dues, subscriptions and memberships.
(5) Travel and training expenses.
(6) Utility charges and services.
(7) Books, magazines and periodicals.
(8) Insurance.
(9) Personnel services (anyone to whom a salary or fee is paid).
(10) Postage or other mailing fees.
(11) Fringe benefits.
(12) Petroleum products.
(Ord. No. 3350, § 2-60, 12-14-82)
Sec. 17-88. Compliance with procedures; contracts not to be artificially divided so
as to constitute small purchase.
Any contract not exceeding thirty thousand dollars ($30,000.00) may be made in accordance
with small purchase procedures; provided, however, that contract requirements shall not be
artificially divided so as to constitute a small purchase under this division; and provided
further that all procurements exceeding $30,000 shall require specific award by the governing
body as made and provided by law.
(Orrl. No. 3350, § 2-15, 12-14-82; Ord. No. 85-33, § 1, 3-12-85; Ord. No. 012699-9, 1-26-99)
Sec. 17-89. Procedure generally.
Subject to the provisions of this division, the purchasing agent is authorized to develop,
implement and revise, as needed, a small purchase procedure, which will ensure that the
principle of competitive pricing is established and maintained and which shall also contain
provision for maintaining the confidentiality of legitimate trade secrets. Such procedure shall
be reviewed and approved by the board of supervisors at any time, but at least on an annual
basis.
(Ord. No. 3350, § 2-58, 12-14-82)
Sec. 17-90. Purchases not exceeding one thousand dollars.
(a) This section shall apply to purchases not exceeding one thousand dollars ($1,000.00).
(b) A using department or agency may make purchases not exceeding one thousand dollars
($1,000.00). The purchasing agent may delegate to the using department or agency the
authority to make purchases from vendors of choice so long as the purchase price does not
exceed one thousand dollars ($1,000.00). Contract requirements shall not be artificially divided
so as to come within the provisions of this section.
(Ord. No. 3350, § 2-59, 12-14-82; Ord. No. 101188-5, § 1, 10-11-88; Ord. No. 012699-9, 1-26-99)
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§ 17-91
ROANOKE COUNTY CODE
Sec. 17-91. Purchases of one thousand dollars and not exceeding five thousand
dollars.
(a) The using department or agency may make purchases of one thousand dollars ($1,000.00)
and not exceeding five thousand dollars ($5,OOO~00) in value. The purchasing agent may
delegate to the using department or agency the authority to make purchases from vendors for
purchases of one thousand dollars ($1,000.00) and not exceeding five thousand dollars
($5,000.00) in value by following the procedures in this section. The purchasing agent may
administratively make purchases not to exceed five thousand dollars ($5,000.00) by following
the procedures in this section.
(b) At least three (3) telephone quotations shall be obtained, whenever possible, for the
purchase. A telephone quotation form shall be completed listing: date, item, description,
quantity, name of company, individual giving quote, pricing, term, and delivery schedule.. The
total of all items purchased from this requisition shall not exceed five thousand dollars
($5,000.00).
(Ord. No. 3350, § 2-59, 12-14-82; Ord. No. 85-33, § 1,3-12-85; Ord. No. 22586-54, § 1, 2-25-86;
Ord. No. 101188-5, § 1, 10-11-88; Ord. No. 012699-9, 1-26-99)
Sec. 17-91.1. Purchases of five thousand one dollars and not exceeding thirty
thousand dollars.
(a) The purchasing agent may administratively make purchases not to exceed thirty
thousand dollars ($30,000.00) by following the procedures set out in this section.
(b) Purchases up to fifteen thousand dollars ($15,000.00) shall be accomplished through the
use of at least three (3) letter quotations, whenever possible.. A letter quotation is a written
request sent to at least three (3) vendors with a specified reply date and time. This is the most
desirable method of acquiring necessary items and should be used when proper planning
allows sufficient time. Purchases of fifteen thousand dollars ($15,000.00) and not exceeding
thirty thousand dollars ($30,000.00) should be accomplished through the use of letter
quotations sent to all vendors on the bid list.
(c) The use of letter quotations requires adequate time for preparation, mailing, receipt and
award, generally two (2) or three (3) weeks from receipt of the requisition. All quotations
received after the reply date and time are nonresponsive and cannot be considered.
(d) Request for letter quotations are issued by the purchasing agent. To initiate the letter
quotations, the user department should submit a completed requisition to the purchasing
agent, including a list of possible vendors, if available..
(Orrl. No. 101188-5, § 1, 10-11-88; Ord. No. 012699-9, 1-26-99)
Sec. 17-92. Emergency small purchases.
(a) An emergency small purchase is one which is necessitated by uncontrollable circum-
stances during a time when normal purchasing procedures are not available or when
circumstances are such that delay in procurement may vitally affect the life, health or
convenience of the citizens of the county.
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§ 17-106
(b) A using department may make an emergency small purchase, without complying with
this division. Any department which makes such a purchase shall inform the purchasing
agent, in writing, of the circumstances surrounding the purchase, within one work day of the
occurrence.
(c) Abuse of the provisions of this section shall be reported by the purchasing agent to the
county administrator.
(Ord. No. 3350, § 2-59, 12-14-82)
Sec. 17-93. Procedure other than those specified in sections 17-90, 17-91, 17-91.1, and
17-92.
When, in the judgment of the purchasing agent, it is in the best interest of the county to use
purchasing procedures other than those specified in sections 17-90, 17-91, 17-91.1, and 17-92,
he may prescribe, after consultation with the county administrator, suitable purchasing
procedures. The rationale for such decision shall be documented and put on file in the
purchasing agent's office.
(Ord. No. 3350, § 2-61, 12-14-82; Ord. No. 012699-9, 1-26-99)
Sec. 17-94. Confidentiality of information prior to award.
Until an award is made under this division, the names of bidders, whether by phone, letter
or sealed bid, are confidential, as are the prices quoted. Once an award is made, the
information is open to public inspection, as provided in section 17-19 of this chapter.
(Ord. No. 3350, § 2-58, 12-14-82)
Sees. 17-95-17-105. Reserved.
ARTICLE III. DEBARMENT OR SUSPENSION OF PROSPECTIVE
CONTRACTORS
Sec. 17-106. General authority.
(a) After reasonable notice to the person involved and reasonable opportunity for that
person to be heard, the board of supervisors, after consulting with the county attorney, is
authorized to debar a person, for cause, from consideration for award of contracts. The
debarment shall not be for a period of more than three (3) years.
(b) After consultation with the county attorney, the board of supervisors is authorized to
suspend a person from consideration for award of contracts, if there is probable cause to believe
that the person has engaged in any activity which might lead to debarment. The suspension
shall not be for a period exceeding three (3) months.
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§ 17-107
ROANOKE COUNTY CODE
Sec. 17-107. Grounds for debarment.
The causes or grounds for debannent, as authorized by section 17-106, include:
(1) Conviction for commission of a criminal offense as an incident to obtaining or
attempting to obtain a public or private contract or subcontract, or in the performance
of such contract or subcontract.
(2) Conviction under state and federal statutes of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property or any other offense
indicating a lack of business integrity or business honesty which currently, seriously,
and directly affects responsibility as a county contractor.
(3) Conviction under state or federal antitrust statutes arising out of the submission of
bids or proposals.
(4) Violation of contract provisions, as set forth below, of a character which is regarded by
the board of supervisors to be so serious as to justify debarment action:
a. Deliberate failure, without good cause, to perform in accordance with the
specifications or within the time limit provided in the contract; or
b. A recent record of failure to perform or of unsatisfactory performance In
accordance with the terms of one or more contracts; provided that failure to
perform or unsatisfactory performance caused by acts beyond the control of the
contractor shall not be considered to be a basis for debarment.
(5) Any other cause the board of supervisors determines to be so serious and compelling as
to affect responsibility as a county contractor, including debarment by another
governmental entity for any cause and violation of the ethical standards set forth in
this chapter.
(Ord. No. 3350, § 2-45, 12-14-82)
Sec. 17-108. Written decision required; contents of decision.
The board of supervisors shall issue a written decision to debar or suspend pursuant to this
article. The decision shall state the reasons for the action taken and inform the debarred or
suspended person involved of his rights concerning judicial or administrative review.
(Ord. No. 3350, § 2-46, 12-14-82)
Sec. 17-109. Copy of decision to be furnished person involved.
A copy of the decision required by section 17-108 shall be mailed or otherwise furnished
immediately to the debarred or suspended person.
(Ord. No. 3350, § 2-47, 12-14-82)
Sec. 17-110. Finality of decision.
A decision to debar or suspend made pursuant to this article shall be final and conclusive,
unless the debarred or suspended person, within ten (10) days after receipt of the decision,
Supp. No.5
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PROCUREMENT CODE
§ 17-128
takes an appeal to the board of supervisors or commences a timely action in court in accor-
dance with applicable law.
Sees. 17·111-17-125. Reserved.
ARTICLE IV. REMEDIES OF BIDDERS, OFFERORS AND CONTRACTORS
Sec. 17-126. Ineligibility.
(a) Any bidder, offeror or contractor refused permission to, or disqualified from, partici-
pating in public contracts shall be notified in writing. Such notice shall state the reasons for
the action taken. This decision shall be final, unless the bidder, offeror or contractor institutes
legal action as provided in section 17-134.
(b) If, upon appeal, it is determined that the action taken was arbitrary or capricious, or
not in accordance with the Constitution of Virginia, statutes or regulations, the sole relief
shall be restoration or eligibility.
(Ord. No. 3350, § 2..49, 12..14-82)
State law reference-Similar provisions, Code of Virginia, § 11..63.
Sec. 17-127. Denial of withdrawal of bid.
(a) A decision denying withdrawal of a bid under the provisions of section 17..59 shall be
final and conclusive, unless the bidder institutes legal action as provided in section 17-134.
(b) If no bid bond was posted, a bidder refused withdrawal of a bid under the provisions of
section 17~59, prior to appealing, shall deliver to the purchasing agent a certified check or cash
bond in the amount of the difference between the bid sought to be withdrawn and the next
lowest bid. Such security shall be released only upon a final determination that the bidder was
entitled to withdrav{ the bid.
(c) If, upon appeal, it is determined that the decision refusing withdrawal of the bid was
arbitrary or capricious, the sole relief shall be withdrawal of the bid.
(Ord. No. 3350, § 2..50, 12..14..82)
State law reference-Similar provisions, Code Of Virginia, § 11-64.
Sec. 17-128. Determination of nonresponsibility.
(a) Any bidder who, despite being the apparent low bidder, is determined not to be a
responsible bidder for a particular contract shall be notified in writing. Such notice shall state
the basis for the determination, which shall be final, unless the bidder institutes legal action
as provided in section 17-134.
(b) If, upon appeal, it is determined that the decision of non responsibility was arbitrary or
capricious, and the award of the contract in question has not been made, the sole relief shall
be a finding that the bidder is a responsible bidder for the contract in question. If it is
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§ 17..128
ROANOKE COUNTY CODE
determined that the decision of nonresponsibility was arbitrary or capricious, and an award
has been made, the relief shall be as set forth in section 17...129(b).
(c) A bidder contesting a determination that he is not a responsible bidder for a particular
contract shall proceed under this section and may not protest the award or proposed award
under section 17...129.
(d) Nothing contained in this section shall be construed to require the board of supervi-
sors, when procuring by competitive negotiation, to furnish a statement of the reasons why a
particular proposal was not deemed to be the most advantageous.
(Ord. No. 3350, § 2..51, 12-14-82)
State law reference-Similar provisions, Code of Virginia, § 11-65.
Sec. 17·129. Protest of award or decision to award.
(a) Any bidder or offeror may protest the award of, or decision to award, a contract by
submitting such protest, in writing, to the purchasing agent no later than ten (10) days after
the award or the announcement of the decision to award, whichever occurs fIrst. No protest
shall lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror. The
written protest shall include the basis for the protest and the relief sought. The board of
supervisors shall issue a decision, in writing, within ten (10) days, stating the reasons for the
action taken. This decision shall be final, unless the bidder or offeror institutes legal action as
provided in section 17..134.
(b) If, prior to an award, it is determined, by the board of supervisors, that the decision to
award is arbitrary or capricious, then the sole relief shall be a finding to that effect. The
purchasing agent shall cancel the proposed award or revise it to comply with the law. If, after
an award, it is determined that an award of a contract was arbitrary or capricious, then the
sole relief shall be as hereinafter provided. Where the award has been made, but performance
has not begun, the performance of the contract may be terminated. Where the award has been
made and the performance has begun, the board of supervisors may declare the contract void
upon a finding that this action is in the best interest of the public. Where a contract is declared
void, the performing contractor shall be compensated for the cost of performance up to the time
of such declaration. In no event shall the performing contractor be entitled to lost profits.
(c) Where the board of supervisors determines, after a hearing held following reasonable
notice to all bidders, that there is probable cause to believe that a decision to award was based
on fraud or corruption or on an act in violation of article V of this chapter, the board may
revoke and avoid the award of the contract to a particular bidder.
(Ord. No. 3350, § 2..52, 12..14...82)
State law reference-Similar provisions, Code of Virginia, § 11~66.
Sec. 17·130. Effect of protest or appeal upon contract.
Pending final determination of a protest or appeal, the validity of a contract awarded and
accepted in good faith in accordance with this chapter shall not be affected by the fact that a
protest or appeal has been filed.
(Ord. No. 3350, § 2..53, 12-14..82)
State law reference-Similar provisions, Code of Virginia, § 11-67.
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Sec. 17-131. Stay of award dwing protest.
An award need not be delayed for the period allowed a bidder or offeror to protest, but in
the event of a timely protest, no further action to award the contract will be taken, unless there
is a written determination that proceeding without delay is necessary to protect the public
interest or unless the bid or offer would expire.
(Ord. No. 3350, § 2-54, 12-14-82)
State law reference-Similar provisions, Code of Virginia, § 11-68.
Sec. 17-132. Contractual disputes.
(a) Contractual claims, whether for money or other relief, shall be submitted in writing no
later than twenty (20) days after occurrence of the event giving rise to the claim. Nothing
herein shall preclude a contract from requiring submission of an invoice for final payment
within a certain time after completion and acceptance of the work or acceptance of the goods.
Pendency of claims shall not delay payment of amounts agreed due in the final payment.
(b) A procedure for consideration of contractual claims shall be included in each contract.
Such procedure, which may be incorporated into the contract by reference, shall establish a
time limit for final decision in writing by the board of supervisors.
(c) A contractor may not institute legal action as provided in section 17-134 prior to
receipt of the decision on the claim, unless the board of supervisors fails to render such decision
within the time specified in the contract.
(d) The decision of the board of supervisors shall be final and conclusive, unless the
contractor, within six (6) months of the date of the final decision on the claim by the board of
supervisors, institutes legal action as provided in section 17-134.
(Ord. No. 3350, § 2-55, 12-14-82)
Sec. 17-133. Disagreements with vendors.
Where disagreements exist between the purchasing agent and a vendor, the dispute shall
be referred to the county administrator. In cases where resolution is not achieved at this level,
they shall be forwarded to the board of supervisors and the board's decision shall be final.
(Ord. No. 3350, § 2..64, 12..14..82)
State law reference-Similar provisions, Code of Virginia, § 11-69.
Sec. 17-134. Legal actions.
(a) A bidder or offeror, actual or prospective, who is refused permission or disqualified
from participating in bidding or competitive negotiation, or who is determined not to be a
responsible bidder or offeror for a particular contract, may bring an action in the circuit court
challenging that decision, which shall be reversed only if the petitioner establishes that the
decision was arbitrary or capricious.
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(b) A bidder denied withdrawal of a bid under section 17-59 may bring an action in the
circuit court challenging that decision, which shall be reversed only if the bidder establishes
that the decision of the board of supervisors was clearly erroneous.
(c) A bidder, offeror or contractor may bring an action in the appropriate circuit court
challenging a proposed award or the award of a contract, which shall be reversed only if the
petitioner establishes that the proposed award or the award is arbitrary or capricious or not in
accordance with the Constitution of Virginia, statutes, regulations or the terms and conditions
of the invitation to bid or request for proposals.
(d) If injunctive relief is granted, the court, upon request of the board of supervisors, shall
require the posting of reasonable security to protect the county.
(e) A contractor may bring an action involving a contract dispute with the board of
supervisors in the circuit court.
(f) A bidder, offeror or contractor shall exhaust the administrative procedures of this
article prior to instituting legal action concerning the same procurement transaction, unless
the board of supervisors agrees otherwise.
(g) Any legal action pursuant to this section shall be instituted no later than six (6)
months following the decision of the board of supervisors or such action shall be forever barred.
(h) Nothing in this section shall be construed to prevent this section from instituting legal
action against a contractor.
(Ord. No. 3350, § 2-56, 12-14-82)
State law reference-Similar provisions, Code of Virginia, § 11-70.
Sees. 17-135-17-150. Reserved.
ARTICLE V. ETHICS IN PUBLIC CONTRACTING
Sec. 17-151. Definitions.
The following words, terms and phrases, when used in this article, shall have the mean-
ings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Immediate family shall mean a spouse, children, parents, brothers and sisters and any
other person living in the same household a~ the employee.
Official responsibility shall mean administrative or operating authority, whether imme-
diate or final, to initiate, approve, disapprove or otherwise affect a procurement transaction,
or any claim resulting therefrom.
Personal interest arising from the procurement shall mean a personal interest, as defined
in the Comprehensive Conflict of Interests Act (Code of Virginia, § 2.1-599 et seq.).
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Procurement transaction shall mean all functions that pertain to the obtaining of any
goods, services or construction, including description of requirements, selection and solicita..
tion of sourçes, preparation and award of contract and all phases of contract administration.
Public employee shall mean any person employed by the county, including elected officials
or appointed members of the board of supervisors.
(Ord. No. 3350, § 2..70, 12..14-82)
State law reference-Similar provisions, Code of Virginia, § 11-73.
Sec. 17-152. Relationship of article to state laws on conflict of interests, fraud, etc.
The provisions of this article supplement, but do not supersede, other provisions of law
including, but not limited to, the Comprehensive Conflict of Interests Act, the Virginia Gov..
ernmental Frauds Act and articles 2 and 3 of chapter 10 of title 18.2 (§ 18.2-438 et seq.) of the
Code of Virginia. The provisions of this article apply notwithstanding the fact that the conduct
described may not constitute a violation of the Comprehensive Conflict of Interests Act.
(Ord. No. 3350, § 2-69, 12-14-82)
State law references-Similar provisions, Code of Virginia, § 11-72; Comprehensive
Conflict of Interests Act, § 2.1-599 et seq.; Governmental Frauds Act, § 18.2-498.1 et seq.
Sec. 17-153. Violations of article.
Willful violation of any provision of this article shall constitute a Class 1 misdemeanor.
Upon conviction, any public employee, in addition to any other fine or penalty provided by law,
shall forfeit his employment.
(Ord. No. 3350, § 2..77, 12-14-82)
Cross reference-Penalty for Class 1 misdemeanor, § 1-10.
State law reference-Similar provisions, Code of Virginia, § 11-80.
Sec. 17·154. Conflict of interests generally.
No public employee having official responsibility for a procurement transaction shall
participate in that transaction on behalf of the board of supervisors when the employee knows
that:
(1) The employee is contemporaneously employed by a bidder, offeror or contractor in-
volved in the procurement transaction; or
(2) The employee, the employee's partner or any member of the employee's immediate
family holds a position with a bidder, offeror or. contractor, such as an officer, director,
trustee, partner or the like, or is employed in a capacity involving personal and
substantial participation in the procurement transaction, or owns or controls an in..
terest of more than five (5) percent; or
(3) The employee, the employee's partner or any member of the employee's immediate
family has a personal interest arising from the procurement transaction; or
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(4) The employee, the employee's partner or any member of the employee's immediate
family is negotiating, or has an arrangement concerning, prospective employment
with a bidder, offeror or contractor.
(Ord. No. 3350, § 2..71, 12..14..82)
State law reference-Similar provisions, Code of Virginia, § 11..74.
Sec. 17-155. Disclosure of subsequent employment.
No public employee or former public employee having official responsibility for procure-
ment transactions shall accept employment with any bidder, offeror or contractor with whom
the employee or former employee dealt in an official capacity concerning procurement trans-
actions for a period of one year from the cessation of employment by the county, unless the
employee or former employee provides written notification to the county administrator prior
to commencement of employment by the bidder, offeror or contractor.
(Ord. No. 3350, § 2..73, 12-14..82)
State law reference-Similar provisions, Code of Virginia, § 11-76.
Sec. 17·156. Gifts by bidders, offerors, contractors or subcontractors.
No bidder, offeror, contractor or subcontractor shall confer upon any public employee
having official responsibility for a procurement transaction any payment, loan, subscription,
advance, deposit of money, services or anything of more than nominal value, present or
promised, unless consideration of substantially equal or greater value is exchanged.
(Ord. No. 3350, § 2-74, 12..14..82)
State law reference-Similar provisions, Code of Virginia, § 11-77.
Sec. 17-157. Solicitation or acceptance of gifts by public employees.
No public employee having official responsibility for a procurement transaction shall
solicit, demand, accept or agree to accept, from a bidder, offeror, contractor or subcontractor,
any payment, loan, subscription, advance, deposit of money, services or anything of more than
nominal or minimal value, present or promised, unless consideration of substantially equal or
greater value is exchanged. The board of supervisors may recover the value of anything
conveyed in violation of this section.
(Ord. No. 3350, § 2-72, 12..14-82)
State law reference-Similar provisions, Code of Virginia, § 11-75.
Sec. 17-158. Kickbacks.
(a) No contractor or subcontractor shall d'emand or receive from any of his suppliers or his
subcontractors, as an inducement for the award of a subcontract or order, any payment, loan,
subscription, advance, deposit: of monéy~ services or anything, present or promised, unless
consideration of substantially equal or greater value is exchanged.
(b) No subcontractor or supplier shall make, or offer to make, kickbacks as described in
this section.
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(c) No person shall demand or receive any payment, loan, subscription, advance, deposit
of money, services or anything of value in return for any agreement not to compete on a public
contract.
(d) If a subcontractor or supplier makes a kickback or other prohibited payment as de..
scribed in this section, the amount thereof shall be conclusively presumed to have been in-
cluded in the price of the subcontract or order and ultimately borne by the county and will be
recoverable from both the maker and recipient. Recovery from one offending party shall not
preclude recovery from other offending parties.
(Ord. No. 3350, § 2..75, 12-14-82)
State law reference-Similar provisions, Code of Virginia, § 11-78.
Sec. 17-159. Purchase of building materials, etc., from architect or engineer.
Except in cases of emergency, no building materials, supplies or equipment for any building
or structure constructed by or for the county shall be sold by or purchased· from any person
employed as an independent contractor by the county to furnish architectural or engineering
services, but not construction, from such building or structure, or from any partnership,
association or corporation in which such architect or engineer has a pecuniary interest.
(Ord. No. 3350, § 2..76, 12-14-82)
State law reference-Similar provisions, Code of Virginia, § 11-79.
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Code of Virginia
§ 2.2-4300. Short title; purpose; declaration of intent.
A. This chapter may be cited as the Virginia Public Procurement Act.
B. The purpose of this chapter is to enunciate the public policies pertaining to governmental
procurement from nongovernmental sources, to include governmental procurement that mayor may not
result in monetary consideration for either party. This chapter shall apply whether the consideration is
monetary or nonmonetary and regardless of whether the public body, the contractor, or some third party
is providing the consideration.
C. To the end that public bodies in the Commonwealth obtain high quality goods and services at
reasonable cost, that all procurement procedures be conducted in a fair and impartial manner with
avoidance of any impropriety or appearance of impropriety, that all qualified vendors have access to
public business and that no offeror be arbitrarily or capriciously excluded, it is the intent of the General
Assembly that competition be sought to the maximum feasible degree, that procurement procedures
involve openness and administrative efficiency, that individual public bodies enjoy broad flexibility in
fashioning details of such competition, that the rules governing contract awards be made clear in
advance of the competition, that specifications reflect the procurement needs of the purchasing body
rather than being drawn to favor a particular vendor, and that the purchaser and vendor freely exchange
information concerning what is sought to be procured and what is offered. Public bodies may consider
best value concepts when procuring goods and nonprofessional services, but not construction or
professional services. The criteria, factors, and basis for consideration of best value and the process for
the consideration of best value shall be as stated in the procurement solicitation.
(1982,c. 647, § 11-35; 1983,c. 593; 1984,c. 764; 1986,cc. 149,212,559; 1994,cc. 661,918; 1995,c.
18; 1996,cc.683, 1019; 1997,cc. 85,488,785,861,863; 1998,cc. 121,132; 1999,cc.230,248, 735;
2000, cc. 29, 382,400,642, 644,666, 703;2001,cc.392,409, 736, 753, 774,844.)
§ 2.2-4301. Definitions.
As used in this chapter:
"Affiliate" means an individual or business that controls, is controlled by, or is under common control
with another individual or business. A person controls an entity if the person owns, directly or indirectly,
more than 10 percent of the voting securities of the entity. For the purposes of this definition "voting
security" means a security that (i) confers upon the holder the right to vote for the election of members
of the board of directors or similar governing body of the business or (ii) is convertible into, or entitles
the holder to receive, upon its exercise, a security that confers such a right to vote. A general partnership
interest shall be deemed to be a voting security.
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"Best value," as predetermined in the solicitation, means the overall combination of quality, price, and
various elements of required services that in total are optimal relative to a public body's needs.
"Business" means any type of corporation, partnership, limited liability company, association, or sole
proprietorship operated for profit.
"Competitive negotiation" is a method of contractor selection that includes the following elements:
1. Issuance of a written Request for Proposal indicating in general terms that which is sought to be
procured, specifying the factors that will be used in evaluating the proposal and containing or
incorporating by reference the other applicable contractual terms and conditions, including any unique
capabilities or qualifications that will be required of the contractor.
2. Public notice of the Request for Proposal at least 1 0 days prior to the date set for receipt of proposals
by posting in a public area normally used for posting of public notices and by publication in a newspaper
or newspapers of general circulation in the area in which the contract is to be performed so as to provide
reasonable notice to the maximum number of offerors that can be reasonably anticipated to submit
proposals in response to the particular request. Public notice may also be published on the Department of
General Services' central electronic procurement website and other appropriate websites. Effective July
1, 2002, publishing by state agencies, departments and institutions on the public Internet procurement
website designated by the Department of General Services shall be required. In addition, proposals may
be solicited directly from potential contractors.
3. a. Procurement of professional services. The public body shall engage in individual discussions with
two or more offerors deemed fully qualified, responsible and suitable on the basis of initial responses
and with emphasis on professional competence, to provide the required services. Repetitive informal
interviews shall be permissible. The offerors shall be encouraged to elaborate on their qualifications and
performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. The
Request for Proposal shall not, however, request that offerors furnish estimates of man-hours or cost for
services. At the discussion stage, the public body may discuss nonbinding estimates of total project
costs, including, but not limited to, life-cycle costing, and where appropriate, nonbinding estimates of
price for services. Proprietary information from competing offerors shall not be disclosed to the public
or to competitors. At the conclusion of discussion, outlined in this subdivision, on the basis of evaluation
factors published in the Request for Proposal and all information developed in the selection process to
this point, the public body shall select in the order of preference two or more offerors whose
professional qualifications and proposed services are deemed most meritorious. Negotiations shall then
be conducted, beginning with the offeror ranl(ed first. If a contract satisfactory and advantageous to the
public body can be negotiated at a price considered fair and reasonable, the award shall be made to that
offeror. Otherwise, negotiations with the offeror ranl(ed first shall be formally terminated and
negotiations conducted with the offeror ranl(ed second, and so on until such a contract can be negotiated
at a fair and reasonable price. Should the public body determine in writing and in its sole discretion that
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only one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable than
the others under consideration, a contract may be negotiated and awarded to that offeror.
A contract for architectural or professional engineering services relating to construction projects may be
negotiated by a public body, for multiple projects provided (i) the projects require similar experience
and expertise, (ii) the nature of the projects is clearly identified in the Request for Proposal, and (iii) the
contract term is limited to one year or when the cumulative total project fees reach the maximum cost
authorized in this paragraph, whichever occurs first. For state public bodies, such contract, except those
awarded for environmental, location, design and inspection worl( regarding highways and bridges by the
Commonwealth Transportation Commissioner may be renewable for four additional one-year terms at
the option of the public body. For local public bodies, such contract may be renewable for two additional
one-year terms at the option of the public body. Under such contract, (a) the fair and reasonable prices,
as negotiated, shall be used in determining the cost of each proj ect performed, (b) except those awarded
for environmental, location, design and inspection worl( regarding highways and bridges by the
Commonwealth Transportation Commissioner, the sum of all projects performed in one contract term
shall not exceed $500,000 or, in the case of a state agency, as defined in § 2.2-4347, such greater amount
as may be determined by the Director of the Department of General Services, not to exceed $1 million,
except that in any locality or any authority or sanitation district with a population in excess of 80,000,
the sum of all such proj ects shall not exceed $1 million; and (c) except those awarded for environmental,
location, design and inspection worl( regarding highways and bridges by the Commonwealth
Transportation Commissioner, the proj ect fee of any single proj ect shall not exceed $1 00, 000 or, in the
case of a state agency, such greater amount as may be determined by the Director of the Department of
General Services not to exceed $200,000, except that in any locality or any authority or sanitation
district with a population in excess of 80,000, such fee shall not exceed $200,000. Any unused amounts
from the first contract term shall not be carried forward to the additional term. Competitive negotiations
for such contracts may result in awards to more than one offeror provided (1) the Request for Proposal
so states and (2) the public body has established procedures for distributing multiple projects among the
selected contractors during the contract term. For contracts for environmental location, design and
inspection worl( regarding highways and bridges by the Commonwealth Transportation Commissioner,
the sum of all projects in one contract term shall not exceed $2 million and such contract may be
renewable for two additional one-year terms at the option of the Commissioner.
Multiphase professional services contracts satisfactory and advantageous to the Department of
Transportation for environmental, location, design and inspection worl( regarding highways and bridges
may be negotiated and awarded based on a fair and reasonable price for the first phase only, when
completion of the earlier phases is necessary to provide information critical to the negotiation of a fair
and reasonable price for succeeding phases.
Multiphase professional services contracts satisfactory and advantageous to a local public body for
environmental, location, design and inspection worl( regarding construction of infrastructure projects
may be negotiated and awarded based on qualifications at a fair and reasonable price for the first phase
only, when completion of the earlier phases is necessary to provide information critical to the
negotiation of a fair and reasonable price for succeeding phases. Prior to the procurement of any such
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contract, the local public body shall state the anticipated intended total scope of the project and
determine in writing that the nature of the worl( is such that the best interests of such public body require
awarding the contract.
b. Procurement of other than professional services. Selection shall be made of two or more offerors
deemed to be fully qualified and best suited among those submitting proposals, on the basis of the
factors involved in the Request for Proposal, including price if so stated in the Request for Proposal.
Negotiations shall then be conducted with each of the offerors so selected. Price shall be considered, but
need not be the sole determining factor. After negotiations have been conducted with each offeror so
selected, the public body shall select the offeror which, in its opinion, has made the best proposal, and
shall award the contract to that offeror. When the terms and conditions of multiple awards are so
provided in the Request for Proposal, awards may be made to more than one offeror. Should the public
body determine in writing and in its sole discretion that only one offeror is fully qualified, or that one
offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated
and awarded to that offeror.
"Competitive sealed bidding" is a method of contractor selection, other than for professional services,
which includes the following elements:
1. Issuance of a written Invitation to Bid containing or incorporating by reference the specifications and
contractual terms and conditions applicable to the procurement. Unless the public body has provided for
prequalification of bidders, the Invitation to Bid shall include a statement of any requisite qualifications
of potential contractors. When it is impractical to prepare initially a purchase description to support an
award based on prices, an Invitation to Bid may be issued requesting the submission of unpriced offers
to be followed by an Invitation to Bid limited to those bidders whose offers have been qualified under
the criteria set forth in the first solicitation.
2. Public notice of the Invitation to Bid at least 10 days prior to the date set for receipt of bids by posting
in a designated public area, or publication in a newspaper of general circulation, or both. Public notice
may also be published on the Department of General Services' central electronic procurement website
and other appropriate websites. Effective July 1, 2002, posting by state agencies, departments and
institutions on the public Internet procurement website designated by the Department of General
Services shall be required. In addition, bids may be solicited directly from potential contractors. Any
additional solicitations shall include businesses selected from a list made available by the Department of
Minority Business Enterprise.
3. Public opening and announcement of all bids received.
4. Evaluation of bids based upon the requirements set forth in the invitation, which may include special
qualifications of potential contractors, life-cycle costing, value analysis, and any other criteria such as
inspection, testing, quality, worl(manship, delivery, and suitability for a particular purpose, which are
helpful in determining acceptability.
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5. Award to the lowest responsive and responsible bidder. When the terms and conditions of multiple
awards are so provided in the Invitation to Bid, awards may be made to more than one bidder.
"Construction" means building, altering, repairing, improving or demolishing any structure, building or
highway, and any draining, dredging, excavation, grading or similar worl( upon real property.
"Construction management contract" means a contract in which a party is retained by the owner to
coordinate and administer contracts for construction services for the benefit of the owner, and may also
include, if provided in the contract, the furnishing of construction services to the owner.
"Design-build contract" means a contract between a public body and another party in which the party
contracting with the public body agrees to both design and build the structure, roadway or other item
specified in the contract.
"Goods" means all material, equipment, supplies, printing, and automated data processing hardware and
software.
"Informality" means a minor defect or variation of a bid or proposal from the exact requirements of the
Invitation to Bid, or the Request for Proposal, which does not affect the price, quality, quantity or
delivery schedule for the goods, services or construction being procured.
"Multiphase professional services contract" means a contract for the providing of professional services
where the total scope of worl( of the second or subsequent phase of the contract cannot be specified
without the results of the first or prior phase of the contract.
"Nonprofessional services" means any services not specifically identified as professional services in the
definition of professional services.
"Potential bidder or offeror" for the purposes of §§ 2.2-4360 and 2.2-4364 means a person who, at the
time a public body negotiates and awards or proposes to award a contract, is engaged in the sale or lease
of goods, or the sale of services, insurance or construction, of the type to be procured under the contract,
and who at such time is eligible and qualified in all respects to perform that contract, and who would
have been eligible and qualified to submit a bid or proposal had the contract been procured through
competitive sealed bidding or competitive negotiation.
"Professional services" means worl( performed by an independent contractor within the scope of the
practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law,
dentistry, medicine, optometry, pharmacy or professional engineering. "Professional services" shall also
include the services of an economist procured by the State Corporation Commission.
"Public body" means any legislative, executive or judicial body, agency, office, department, authority,
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post, commission, committee, institution, board or political subdivision created by law to exercise some
sovereign power or to perform some governmental duty, and empowered by law to undertal(e the
activities described in this chapter.
"Public contract" means an agreement between a public body and a nongovernmental source that is
enforceable in a court of law.
"Responsible bidder" or "offeror" means a person who has the capability, in all respects, to perform fully
the contract requirements and the moral and business integrity and reliability that will assure good faith
performance, and who has been prequalified, if required.
"Responsive bidder" means a person who has submitted a bid that conforms in all material respects to
the Invitation to Bid.
"Reverse auctioning" means a procurement method wherein bidders are invited to bid on specified goods
or nonprofessional services through real-time electronic bidding, with the award being made to the
lowest responsive and responsible bidder. During the bidding process, bidders' prices are revealed and
bidders shall have the opportunity to modify their bid prices for the duration of the time period
established for bid opening.
"Services" means any worl( performed by an independent contractor wherein the service rendered does
not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and
supplies.
"Sheltered worl(shop" means a worl(-oriented rehabilitative facility with a controlled worl(ing
environment and individual goals that utilizes worl( experience and related services for assisting the
handicapped person to progress toward normal living and a productive vocational status.
(1982,c. 647, § 11-37; 1984, cc. 279, 764; 1985,c. 164; 1987,cc. 176,218,474; 1989,cc. 309,323;
1991,c. 559; 1996, cc. 460, 683;2000, cc. 621,638,643,644,647,665,692, 703;2001,cc.395,675,
844; 2003, cc. 185,644,895,994, 1006;2004, c. 458.)
§ 2.2-4302. Implementation.
This chapter may be implemented by ordinances, resolutions or regulations consistent with this chapter
and with the provisions of other applicable law promulgated by any public body empowered by law to
undertal(e the activities described in this chapter. Any such public body may act by and through its duly
designated or authorized officers or employees.
(1982, c. 647, § 11-36; 2001, c. 844.)
§ 2.2-4303. Methods of procurement.
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A. All public contracts with nongovernmental contractors for the purchase or lease of goods, or for the
purchase of services, insurance, or construction, shall be awarded after competitive sealed bidding, or
competitive negotiation as provided in this section, unless otherwise authorized by law.
B. Professional services shall be procured by competitive negotiation.
C. Upon a determination made in advance by the public body and set forth in writing that competitive
sealed bidding is either not practicable or not fiscally advantageous to the public, goods, services, or
insurance may be procured by competitive negotiation. The writing shall document the basis for this
determination.
Upon a written determination made in advance by (i) the Governor or his designee in the case of a
procurement by the Commonwealth or by a department, agency or institution thereof or (ii) the local
governing body in the case of a procurement by a political subdivision of the Commonwealth, that
competitive negotiation is either not practicable or not fiscally advantageous, insurance may be procured
through a licensed agent or brol(er selected in the manner provided for the procurement of things other
than professional services in subdivision 3 b of the definition of "competitive negotiation" in § 2.2-4301.
The basis for this determination shall be documented in writing.
D. Construction may be procured only by competitive sealed bidding, except that competitive
negotiation may be used in the following instances upon a determination made in advance by the public
body and set forth in writing that competitive sealed bidding is either not practicable or not fiscally
advantageous to the public, which writing shall document the basis for this determination:
1. By the Commonwealth, its departments, agencies and institutions on a fixed price design-build basis
or construction management basis under § 2.2-4306;
2. By any public body for the construction, alteration, repair, renovation or demolition of buildings when
the contract is not expected to cost more than $1 million;
3. By any public body for the construction of highways and any draining, dredging, excavation, grading
or similar worl( upon real property; or
4. As otherwise provided in § 2.2-4308.
E. Upon a determination in writing that there is only one source practicably available for that which is to
be procured, a contract may be negotiated and awarded to that source without competitive sealed
bidding or competitive negotiation. The writing shall document the basis for this determination. The
public body shall issue a written notice stating that only one source was determined to be practicably
available, and identifying that which is being procured, the contractor selected, and the date on which
the contract was or will be awarded. This notice shall be posted in a designated public area or published
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in a newspaper of general circulation on the day the public body awards or announces its decision to
award the contract, whichever occurs first. Public notice may also be published on the Department of
General Services' central electronic procurement website and other appropriate websites.
F. In case of emergency, a contract may be awarded without competitive sealed bidding or competitive
negotiation; however, such procurement shall be made with such competition as is practicable under the
circumstances. A written determination of the basis for the emergency and for the selection of the
particular contractor shall be included in the contract file. The public body shall issue a written notice
stating that the contract is being awarded on an emergency basis, and identifying that which is being
procured, the contractor selected, and the date on which the contract was or will be awarded. This notice
shall be posted in a designated public area or published in a newspaper of general circulation on the day
the public body awards or announces its decision to award the contract, whichever occurs first, or as
soon thereafter as is practicable. Public notice may also be published on the Department of General
Services' central electronic procurement website and other appropriate websites.
G. A public body may establish purchase procedures, if adopted in writing, not requiring competitive
sealed bids or competitive negotiation for single or term contracts for goods and services other than
professional services if the aggregate or the sum of all phases is not expected to exceed $50,000;
however, such small purchase procedures shall provide for competition wherever practicable. Purchases
under this subsection that are expected to exceed $30,000 shall require the written informal solicitation
of a minimum of four bidders or offerors.
H. A public body may establish purchase procedures, if adopted in writing, not requiring competitive
negotiation for single or term contracts for professional services if the aggregate or the sum of all phases
is not expected to exceed $30,000; however such small purchase procedures shall provide for
competition wherever practicable.
I. Upon a determination made in advance by a public body and set forth in writing that the purchase of
goods, products or commodities from a public auction sale is in the best interests of the public, such
items may be purchased at the auction, including online public auctions. The writing shall document the
basis for this determination. However, bull( purchases of commodities used in road and highway
construction and maintenance, and aggregates shall not be made by online public auctions.
J. The purchase of goods or nonprofessional services, but not construction or professional services, may
be made by reverse auctioning. However, bull( purchases of commodities used in road and highway
construction and maintenance, and aggregates shall not be made by reverse auctioning.
(1982,c. 647, § 11-41; 1985,c. 164; 1986,cc. 332, 559; 1987, c. 456; 1988, cc. 40, 640; 1989,c.296;
1991,c. 73; 1993,c.242; 1996,cc. 827,965,1019; 1999,c. 178;2000,cc. 637,647,664, 692;2001,cc.
395, 844;2003,cc. 644, 895;2004,cc. 706,874,906.)
§ 2.2-4304. Cooperative procurement.
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A. Any public body may participate in, sponsor, conduct, or administer a cooperative procurement
agreement on behalf of or in conjunction with one or more other public bodies, or public agencies or
institutions or localities of the several states, of the United States or its territories, the District of
Columbia, or the U.S. General Services Administration, for the purpose of combining requirements to
increase efficiency or reduce administrative expenses in any acquisition of goods and services. Except
for contracts for professional services, a public body may purchase from another public body's contract
even if it did not participate in the request for proposal or invitation to bid, if the request for proposal or
invitation to bid specified that the procurement was being conducted on behalf of other public bodies.
Any public body that enters into a cooperative procurement agreement with a county, city, or town
whose governing body has adopted alternative policies and procedures pursuant to subdivisions 9 and 10
of § 2.2-4343 shall comply with the alternative policies and procedures adopted by the governing body
of such county, city, or town.
B. Subject to the provisions of §§ 2.2-1110, 2.2-1111, 2.2-1120 and 2.2-2012, any authority, department,
agency, or institution of the Commonwealth may participate in, sponsor, conduct, or administer a
cooperative procurement arrangement on behalf of or in conjunction with public bodies, private health
or educational institutions or with public agencies or institutions of the several states, territories of the
United States, or the District of Columbia, for the purpose of combining requirements to effect cost
savings or reduce administrative expense in any acquisition of goods and services, other than
professional services. A public body may purchase from any authority, department, agency or institution
of the Commonwealth's contract even if it did not participate in the request for proposal or invitation to
bid, if the request for proposal or invitation to bid specified that the procurement was being conducted
on behalf of other public bodies. In such instances, deviation from the procurement procedures set forth
in this chapter and the administrative policies and procedures established to implement this chapter shall
be permitted, if approved by the Director of the Division of Purchases and Supply.
Pursuant to § 2.2-2012, such approval is not required if the procurement arrangement is for
telecommunications and information technology goods and services of every description. In instances
where the procurement arrangement is for telecommunications and information technology goods and
services, such arrangement shall be permitted if approved by the Chief Information Officer. However,
such acquisitions shall be procured competitively.
Nothing herein shall prohibit the payment by direct or indirect means of any administrative fee that will
allow for participation in any such arrangement.
C. As authorized by the United States Congress and consistent with applicable federal regulations, and
provided the terms of the contract permit such purchases:
1. Any authority, department, agency, or institution of the Commonwealth may purchase goods and
nonprofessional services, other than telecommunications and information technology, from a U.S.
General Services Administration contract or a contract awarded by any other agency of the U.S.
government, upon approval of the director of the Division of Purchases and Supply of the Department of
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General Services;
2. Any authority, department, agency, or institution of the Commonwealth may purchase
telecommunications and information technology goods and nonprofessional services from a U.S.
General Services Administration contract or a contract awarded by any other agency of the U.S.
government, upon approval of the Chief Information Officer; and
3. Any county, city, town, or school board may purchase goods and nonprofessional services from a U.
S. General Services Administration contract or a contract awarded by any other agency of the U.S.
government.
(1982,c. 647, § 11-40; 1984,c.330; 1987,c. 583; 1991,c.645; 1996, cc. 261,280, 1019; 2001, c. 844;
2003,cc. 651,895,981, 1021; 2004, cc. 874,906,911,936.)
§ 2.2-4305. Competitive procurement by localities on state-aid projects.
No contract for the construction of any building or for an addition to or improvement of an existing
building by any local governing body or subdivision thereof for which state funds of not more than
$30,000 in the aggregate or for the sum of all phases of a contract or project either by appropriation,
grant-in-aid or loan, are used or are to be used for all or part of the cost of construction shall be let
except after competitive sealed bidding or after competitive negotiation as provided under subsection D
of § 2.2-4303. The procedure for the advertising for bids or for proposals and for letting of the contract
shall conform, mutatis mutandis, to this chapter.
(1982, c. 647, § 11-41.1; 1983, c. 436; 1987, c. 456; 1989, c. 296; 1997, c. 163; 2001, c. 844.)
§ 2.2-4306. Design-build or construction management contracts for Commonwealth authorized.
A. Notwithstanding any other provisions of law, the Commonwealth may enter into contracts on a fixed
price design-build basis or construction management basis in accordance with the provisions of this
section and § 2.2-1502. Procedures to implement this section and any changes to such procedures shall
be adopted by the Secretary of Administration after a public hearing and reviewed by the House
Committee on Appropriations and the Senate Committee on Finance.
B. Procurement of construction by the design-build method shall be a two-step competitive negotiation
process. In the first step, offerors shall be requested to submit their qualifications. Based upon the
information submitted and any other relevant information which the Commonwealth may obtain, no
more than five offerors deemed most suitable for the project shall be selected by the Commonwealth and
requested to submit proposals.
C. Design-build contracts may be used by the Commonwealth only for those types of construction
projects designated in the procedures adopted by the Secretary of Administration to implement this
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section.
(1983, c. 615, § 11-41.2; 1987, cc. 218, 474; 1988, c. 829; 2001, c. 844.)
§ 2.2-4307. Fixed-price or not-to-exceed-price design-build and construction management contracts for
juvenile correctional facilities authorized.
Notwithstanding the provisions of § 2.2-4306, but subject to the procedures adopted by the Secretary of
Administration to implement the provisions of that section, the Commonwealth may enter into contracts
for juvenile correctional facilities on a fixed-price or not-to-exceed-price design-build basis or
construction management basis, including related leases, lease/purchase contracts, agreements relating to
the sale of securities to finance such facilities, and similar financing agreements.
(1996, cc. 795, 942, § 11-41.2:02; 2001, c. 844.)
§ 2.2-4308. Design-build or construction management contracts for public bodies other than the
Commonwealth; eligibility requirements; award of contract; records to be l(ept.
A. While the competitive sealed bid process remains the preferred method of construction procurement
for public bodies in the Commonwealth, any public body other than the Commonwealth may enter into a
contract for construction on a fixed price or not-to-exceed price design-build or construction
management basis provided the public body complies with the requirements of this section and has
obtained the approval of the Design-Build/Construction Management Review Board (the Review Board)
pursuant to § 2.2-2406. Provided, however, that projects undertal(en pursuant to subdivision D 2 of § 2.2-
4303 shall be exempt from approval of the Review Board.
Prior to mal(ing a determination as to the use of design-build or construction management for a specific
construction project, the public body shall have in its employ or under contract a licensed architect or
engineer with professional competence appropriate to the project who shall advise the public body
regarding the use of design-build or construction management for that project and who shall assist the
public body with the preparation of the Request for Proposal and the evaluation of such proposals.
Prior to issuing a Request for Proposal for any design-build or construction management contract for a
specific construction project, the public body shall:
1. Have adopted, by ordinance or resolution, written procedures governing the selection, evaluation and
award of design-build and construction management contracts. Such procedures shall be consistent with
those described in this chapter for the procurement of nonprofessional services through competitive
negotiation. Such procedures shall also require Requests for Proposals to include and define the criteria
of such construction project in areas such as site plans; floor plans; exterior elevations; basic building
envelope materials; fire protection information plans; structural, mechanical (HV AC), and electrical
systems; and special telecommunications; and may define such other requirements as the public body
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determines appropriate for that particular construction project. Except as may otherwise be approved by
the Review Board, such procedures for:
a. Design-build construction projects shall include a two-step competitive negotiation process consistent
with the Review Board's regulations.
b. Construction management projects shall include selection procedures and required construction
management contract terms consistent with the Review Board's regulations.
2. Have documented in writing that for a specific construction project (i) a design-build or construction
management contract is more advantageous than a competitive sealed bid construction contract; (ii)
there is a benefit to the public body by using a design-build or construction management contract; and
(iii) competitive sealed bidding is not practical or fiscally advantageous.
B. Once approved by the Review Board in accordance with § 2.2-2406, the public body may procure a
design-build or construction management contract for the specific construction project presented to the
Review Board. Unless otherwise specified in the Request for Proposal, the contract shall be awarded to
the fully qualified offeror who submits an acceptable proposal at the lowest cost in response to the
Request for Proposal.
C. The public body shall provide information as requested by the Review Board to allow post-project
evaluation by the Review Board.
(1996, c. 962, § 11-41.2:2; 2000, c. 29; 2001, c. 844; 2004, c. 706.)
§ 2.2-4309. Modification of the contract.
A. A public contract may include provisions for modification of the contract during performance, but no
fixed-price contract may be increased by more than twenty-five percent of the amount of the contract or
$50,000, whichever is greater, without the advance written approval of the Governor or his designee, in
the case of state agencies, or the governing body, in the case of political subdivisions. In no event may
the amount of any contract, without adequate consideration, be increased for any purpose, including, but
not limited to, relief of an offeror from the consequences of an error in its bid or offer.
B. Any public body may extend the term of an existing contract for services to allow completion of any
worl( undertal(en but not completed during the original term of the contract.
C. Nothing in this section shall prevent any public body from placing greater restrictions on contract
modifications.
(1982,c. 647, §§ 11-45,11-55; 1984,c. 764; 1985, c. 286; 1987,cc. 194,248; 1989, c. 235; 1990,c.
395; 1991,c. 175; 1993,cc. 110,505,638,971; 1996,cc. 145,897,902,950,1038; 1998, cc. 222, 619,
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666,697,791; 1999,cc. 160,194,1021, 1024;2000, cc. 242, 637, 664, 696, 927; 2001, c. 844.)
§ 2.2-4310. Discrimination prohibited; participation of small, women- and minority-owned business.
A. In the solicitation or awarding of contracts, no public body shall discriminate against a bidder or
offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited
by state law relating to discrimination in employment. Whenever solicitations are made, each public
body shall include businesses selected from a list made available by the Department of Minority
Business Enterprise.
B. All public bodies shall establish programs consistent with this chapter to facilitate the participation of
small businesses and businesses owned by women and minorities in procurement transactions. The
programs established shall be in writing and shall include cooperation with the Department of Minority
Business Enterprise, the United States Small Business Administration, and other public or private
agencies. State agencies shall submit annual progress reports on minority business procurement to the
Department of Minority Business Enterprise.
c. Whenever there exists (i) a rational basis for small business enhancement or (ii) a persuasive analysis
that documents a statistically significant disparity between the availability and utilization of women- and
minority-owned businesses, the Governor is authorized and encouraged to require state agencies to
implement appropriate enhancement or remedial measures consistent with prevailing law. For the
purposes of this subsection, "state agency" means any authority, board, department, instrumentality,
institution, agency or other unit of state government. "State agency" shall not include any county, city or
town.
D. In the solicitation or awarding of contracts, no state agency, department or institution shall
discriminate against a bidder or offeror because the bidder or offeror employs ex-offenders unless the
state agency, department or institution has made a written determination that employing ex-offenders on
the specific contract is not in its best interest.
(1982,c. 647, §§ 11-44,11-48; 1984, c. 279; 2000, c. 628;2001,c. 844;2003, c. 226; 2004, cc. 865,
891.)
§ 2.2-4311. Employment discrimination by contractor prohibited; required contract provisions.
All public bodies shall include in every contract of more than $10,000 the following provisions:
1. During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for employment because of
race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide occupational qualification reasonably
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necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, will state that such contractor is an equal opportunity employer.
c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation
shall be deemed sufficient for the purpose of meeting the requirements of this section.
2. The contractor will include the provisions of the foregoing paragraphs a, band c in every subcontract
or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or
vendor.
(1982, c. 647, § 11-51; 2000, c. 628; 2001, c. 844.)
§ 2.2-4312. Drug-free worl(place to be maintained by contractor; required contract provisions.
All public bodies shall include in every contract over $10,000 the following provisions:
During the performance of this contract, the contractor agrees to (i) provide a drug-free worl(place for
the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for
employment, a statement notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's
worl(place and specifying the actions that will be tal(en against employees for violations of such
prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the
contractor that the contractor maintains a drug-free worl(place; and (iv) include the provisions of the
foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be
binding upon each subcontractor or vendor.
For the purposes of this section, "drug-free worl(place" means a site for the performance ofworl( done in
connection with a specific contract awarded to a contractor in accordance with this chapter, the
employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution,
dispensation, possession or use of any controlled substance or marijuana during the performance of the
contract.
(2000, c. 417, § 11-51.1; 2001, c. 844.)
§ 2.2-4313. Petition for recycled goods and products; periodic review of procurement standards.
A. Any person who believes that particular goods or products with recycled content are functionally
equivalent to the same goods or products produced from virgin materials may petition the Department of
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General Services or other appropriate agency of the Commonwealth to include the recycled goods or
products in its procurement process. The petitioner shall submit, prior to or during the procurement
process, documentation that establishes that the goods or products (i) contain recycled content and (ii)
can meet the performance standards set forth in the applicable specifications. If the Department of
General Services or other agency of the Commonwealth that receives the petition determines that the
documentation demonstrates that the goods or products with recycled content will meet the performance
standards set forth in the applicable specifications, it shall incorporate the goods or products into its
procurement process.
B. The Department of General Services and all agencies of the Commonwealth shall review and revise
their procurement procedures and specifications on a continuing basis to encourage the use of goods and
products with recycled content and shall, in developing new procedures and specifications, encourage
the use of goods and products with recycled content.
(1993, c. 223, § 11-41.01; 2001, c. 844.)
§ 2.2-4314. Petition for procurement of less toxic goods and products; periodic review of procurement
standards.
A. As used in this section:
"Goods and products" means goods and products that are used or consumed by an agency of the
Commonwealth in the performance of its statutory functions. The term shall include, but not be limited
to (i) cleaning materials, (ii) paints and coatings, (iii) solvents, (iv) adhesives, (v) inl(s, and (vi)
pesticides and herbicides. The term shall not include: (i) fuels, (ii) food and beverages, (iii) furniture and
fixtures, (iv) tobacco products, and (v) pacl(aging and containers.
"Less toxic goods and products" means goods and products that (i) are functionally equivalent to and (ii)
contain, emit, produce, or generate, less toxic or hazardous substances, or other toxic or hazardous
substances that pose less of a hazard to public health and safety, or both, than goods and products
procured by the Department of General Services or other agency of the Commonwealth.
"Toxic or hazardous substance" means (i) a chemical identified on the Toxic Chemical List established
pursuant to § 313 of the Emergency Planning and Community Right-to-Know Act, 42 V.S.C. § 11001 et
seq. (P.L. 99-499) or (ii) a chemical listed pursuant to §§ 101 (14) or 102 of the Comprehensive
Environmental Response, Compensation and Liability Act, 42 V.S.C. § 9601 et seq. (P.L. 92-500).
B. Any person who manufactures, sells, or supplies goods or products may petition the Department of
General Services or other appropriate agency of the Commonwealth for the inclusion of the less toxic
goods and products in its procurement process. The petitioner shall submit, prior to or during the
procurement process, documentation that establishes that the goods or products meet the performance
standards set forth in the applicable specifications. If the Department of General Services or other
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agency of the Commonwealth that receives the petition determines that the documentation establishes
that the less toxic goods or products meet the performance standards set forth in the applicable
specifications, it shall incorporate such goods or products into its procurement process.
C. The Department of General Services and all agencies of the Commonwealth shall review and revise
their procurement procedures and specifications on a continuing basis to encourage the use of less toxic
goods and products. However, nothing in this section shall require the Department or other agencies to
purchase, test or evaluate any particular goods or products. Nor shall this section require the Department
to purchase goods or products other than those that would be purchased under regular procurement
procedures.
(1994, c. 946, § 11-41.02; 2001, c. 844.)
§ 2.2-4315. Use of brand names.
Unless otherwise provided in the Invitation to Bid, the name of a certain brand, mal(e or manufacturer
shall not restrict bidders to the specific brand, mal(e or manufacturer named and shall be deemed to
convey the general style, type, character, and quality of the article desired. Any article that the public
body in its sole discretion determines to be the equal of that specified, considering quality,
worl(manship, economy of operation, and suitability for the purpose intended, shall be accepted.
(1982, c. 647, § 11-49; 2001, c. 844.)
§ 2.2-4316. Comments concerning specifications.
Every public body awarding public contracts shall establish procedures whereby comments concerning
specifications or other provisions in Invitations to Bid or Requests for Proposal can be received and
considered prior to the time set for receipt of bids or proposals or award of the contract.
(1982, c. 647, § 11-50; 2001, c. 844.)
§ 2.2-4317. Prequalification generally; prequalification for construction.
A. Prospective contractors may be prequalified for particular types of supplies, services, insurance or
construction, and consideration of bids or proposals limited to prequalified contractors. Any
prequalification procedure shall be established in writing and sufficiently in advance of its
implementation to allow potential contractors a fair opportunity to complete the process.
B. Any prequalification of prospective contractors for construction by a public body shall be pursuant to
a prequalification process for construction projects adopted by the public body. The process shall be
consistent with the provisions of this section.
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The application form used in such process shall set forth the criteria upon which the qualifications of
prospective contractors will be evaluated. The application form shall request of prospective contractors
only such information as is appropriate for an objective evaluation of all prospective contractors
pursuant to such criteria. The form shall allow the prospective contractor seel(ing prequalification to
request, by checl(ing the appropriate box, that all information voluntarily submitted by the contractor
pursuant to this subsection shall be considered a trade secret or proprietary information subject to the
provisions of subsection D of § 2.2-4342.
In all instances in which the public body requires prequalification of potential contractors for
construction projects, advance notice shall be given of the deadline for the submission of
prequalification applications. The deadline for submission shall be sufficiently in advance of the date set
for the submission of bids for such construction so as to allow the procedures set forth in this subsection
to be accomplished.
At least thirty days prior to the date established for submission of bids or proposals under the
procurement of the contract for which the prequalification applies, the public body shall advise in
writing each contractor who submitted an application whether that contractor has been prequalified. In
the event that a contractor is denied prequalification, the written notification to the contractor shall state
the reasons for the denial of prequalification and the factual basis of such reasons.
A decision by a public body denying prequalification under the provisions of this subsection shall be
final and conclusive unless the contractor appeals the decision as provided in § 2.2-4357.
c. A public body may deny prequalification to any contractor only if the public body finds one of the
following:
1. The contractor does not have sufficient financial ability to perform the contract that would result from
such procurement. If a bond is required to ensure performance of a contract, evidence that the contractor
can acquire a surety bond from a corporation included on the United States Treasury list of acceptable
surety corporations in the amount and type required by the public body shall be sufficient to establish the
financial ability of the contractor to perform the contract resulting from such procurement;
2. The contractor does not have appropriate experience to perform the construction project in question;
3. The contractor or any officer, director or owner thereof has had judgments entered against him within
the past ten years for the breach of contracts for governmental or nongovernmental construction,
including, but not limited to, design-build or construction management;
4. The contractor has been in substantial noncompliance with the terms and conditions of prior
construction contracts with a public body without good cause. If the public body has not contracted with
a contractor in any prior construction contracts, the public body may deny prequalification if the
contractor has been in substantial noncompliance with the terms and conditions of comparable
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construction contracts with another public body without good cause. A public body may not utilize this
provision to deny prequalification unless the facts underlying such substantial noncompliance were
documented in writing in the prior construction project file and such information relating thereto given
to the contractor at that time, with the opportunity to respond;
5. The contractor or any officer, director, owner, project manager, procurement manager or chief
financial official thereof has been convicted within the past ten years of a crime related to governmental
or nongovernmental construction or contracting, including, but not limited to, a violation of (i) Article 6
(§ 2.2-4367 et seq.) of this chapter, (ii) the Virginia Governmental Frauds Act (§ 18.2-498.1 et seq.), (iii)
Chapter 4.2 (§ 59.1-68.6 et seq.) of Title 59.1, or (iv) any substantially similar law of the United States
or another state;
6. The contractor or any officer, director or owner thereof is currently debarred pursuant to an
established debarment procedure from bidding or contracting by any public body, agency of another
state or agency of the federal government; and
7. The contractor failed to provide to the public body in a timely manner any information requested by
the public body relevant to subdivisions 1 through 6 of this subsection.
D. If a public body has a prequalification ordinance that provides for minority participation in municipal
construction contracts, that public body may also deny prequalification based on minority participation
criteria. However, nothing herein shall authorize the adoption or enforcement of minority participation
criteria except to the extent that such criteria, and the adoption and enforcement thereof, are in
accordance with the Constitution and laws of the United States and the Commonwealth.
E. The provisions of subsections B, C, and D shall not apply to prequalification for contracts let by the
Commonwealth Transportation Board under § 33.1-12.
(1982, c. 647, § 11-46; 1994, c. 918; 1995, c. 527; 2001, c. 844.)
§ 2.2-4318. Negotiation with lowest responsible bidder.
Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as
submitted, except that if the bid from the lowest responsible bidder exceeds available funds, the public
body may negotiate with the apparent low bidder to obtain a contract price within available funds.
However, the negotiation may be undertal(en only under conditions and procedures described in writing
and approved by the public body prior to issuance of the Invitation to Bid and summarized therein.
(1982, c. 647, § 11-53; 2001, c. 844.)
§ 2.2-4319. Cancellation, rejection of bids; waiver of informalities.
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A. An Invitation to Bid, a Request for Proposal, any other solicitation, or any and all bids or proposals,
may be canceled or rejected. The reasons for cancellation or rejection shall be made part of the contract
file. A public body shall not cancel or reject an Invitation to Bid, a Request for Proposal, any other
solicitation, bid or proposal pursuant to this section solely to avoid awarding a contract to a particular
responsive and responsible bidder or offeror.
B. A public body may waive informalities in bids.
(1982, c. 647, § 11-42; 1998, c. 753; 2001, c. 844.)
§ 2.2-4320. Exclusion of insurance bids prohibited.
Notwithstanding any other provision of law, no insurer licensed to transact the business of insurance in
the Commonwealth or approved to issue surplus lines insurance in the Commonwealth shall be excluded
from presenting an insurance bid proposal to a public body in response to a request for proposal or an
invitation to bid. Nothing in this section shall preclude a public body from debarring a prospective
insurer pursuant to § 2.2-4321.
(1996, c. 989, § 11-44.1; 2001, c. 844.)
§ 2.2-4321. Debarment.
Prospective contractors may be debarred from contracting for particular types of supplies, services,
insurance or construction, for specified periods of time. Any debarment procedure shall be established in
writing for state agencies and institutions by the agency designated by the Governor and for political
subdivisions by their governing bodies. Any debarment procedure may provide for debarment on the
basis of a contractor's unsatisfactory performance for a public body.
(1982, c. 647, § 11-46.1; 2001, c. 844.)
§ 2.2-4321.1. Prohibited contracts; exceptions; determination by Department of Taxation; appeal;
remedies.
A. No state agency shall contract for goods or services with a nongovernmental source if the source, or
any affiliate of the source, is subject to the provisions of § 58.1-612 and fails or refuses to collect and
remit the tax on its sales delivered by any means to locations within the Commonwealth. For the
purposes of this section, "state agency" means any authority, board, department, instrumentality,
institution, agency or other unit of state government. State agency shall not include any public institution
of higher education or any county, city or town or any local or regional governmental authority.
B. A state agency may contract for goods or services with a source prohibited under subsection A in the
event of an emergency or where the nongovernmental source is the sole source of such goods or
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serVIces.
C. The determination of whether a source is a prohibited source shall be made by the Department of
Taxation after providing the prohibited source with notice and an opportunity to respond to the proposed
determination. The Department of Taxation shall notify the Department of General Services of its
determination.
D. The Department of General Services shall post public notice of all prohibited sources on its public
internet procurement website and on other appropriate websites.
E. The remedies provided in Article 5 (§ 2.2-4357 et seq.) of this chapter shall not apply to any
determination made pursuant to this section and the sole remedy for any adverse determination shall be
as provided in subsection F.
F. Any source aggrieved by a determination of the Department of Taxation made under this section may
apply to the Tax Commissioner for correction of the determination. The Tax Commissioner shall
respond within 30 days of receipt of the application for corrective action. Within 10 days after receipt of
the Tax Commissioner's response, the aggrieved source may appeal to the Circuit Court for the City of
Richmond. If it is determined that the determination of the Department of Taxation was arbitrary,
capricious, or not in accordance with law, the sole relief shall be restoration of the source's eligibility to
contract with state agencies. No claim for damages or attorney's fees shall be awarded.
G. Any action of the Department of Taxation, the Department of General Services, or of any state
agency under this section shall be exempt from the provisions of the Administrative Process Act (§ 2.2-
4000 et seq.).
(2003, cc. 994, 1006.)
§ 2.2-4322. Acceptance of bids submitted to the Department of Transportation.
In a procurement by the Department of Transportation by competitive sealed bidding for highway
construction and maintenance contracts, the Department may accept bids in response to an Invitation to
Bid at the Department's central office or at district offices or other satellite locations designated in the
Invitation to Bid, in accordance with specifications adopted by the Department. An Invitation to Bid
may authorize agents of the Department to accept from bidders on a voluntary basis a supplemental
submission referencing the total bid amount on a form prescribed by the Department. Information
contained in any supplemental submission may be made available to the public by the Department after
the time for receiving bids has expired and before the public opening and announcement of all sealed
bids.
(1997, c. 164, § 11-45.1; 2001, c. 844.)
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§ 2.2-4323. Purchase programs for recycled goods; agency responsibilities.
A. All state agencies shall implement a purchase program for recycled goods and shall coordinate their
efforts so as to achieve the goals and objectives established in subsection C as well as those set forth in
§§ 10.1-1425.6,10.1-1425.7,10.1-1425.8, 2.2-4313, 2.2-4324, and 2.2-4326.
B. The Department of Environmental Quality, with advice from the Virginia Recycling Marl(ets
Development Council, shall advise the Department of General Services concerning the designation of
recycled goods. In cooperation with the Department of General Services, the Department of
Environmental Quality shall increase the awareness of state agencies as to the benefits of using such
products.
C. The Department of General Services shall:
1. Ensure that the Commonwealth's procurement guidelines for state agencies promote the use of
recycled goods.
2. Promote the Commonwealth's interest in the use of recycled products to vendors.
3. Mal(e agencies aware of the availability of recycled goods, including those that use post-consumer
and other recovered materials processed by Virginia-based companies.
D. All state agencies shall, to the greatest extent possible, adhere to the procurement program guidelines
for recycled products to be established by the Department of General Services.
(1994, c. 553, § 11-47.01; 2001, c. 844.)
§ 2.2-4324. Preference for Virginia products with recycled content and for Virginia firms.
A. In the case of a tie bid, preference shall be given to goods produced in Virginia, goods or services or
construction provided by Virginia persons, firms or corporations; otherwise the tie shall be decided by
lot.
B. Whenever any bidder is a resident of any other state and such state under its laws allows a resident
contractor of that state a preference, a lil(e preference may be allowed to the lowest responsible bidder
who is a resident of Virginia.
C. Notwithstanding the provisions of subsections A and B, in the case of a tie bid in instances where
goods are being offered, and existing price preferences have already been tal(en into account, preference
shall be given to the bidder whose goods contain the greatest amount of recycled content.
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(1982, c. 647, § 11-47; 1993, c. 109; 2001, cc. 323, 844.)
§ 2.2-4325. Preference for Virginia coal used in state facilities.
In determining the award of any contract for coal to be purchased for use in state facilities with state
funds, the Department of General Services shall procure using competitive sealed bidding and shall
award to the lowest responsive and responsible bidder offering coal mined in Virginia so long as its bid
price is not more than four percent greater than the bid price of the low responsive and responsible
bidder offering coal mined elsewhere.
(1987, cc. 81,91, § 11-47.1; 2001, c. 844.)
§ 2.2-4326. Preference for recycled paper and paper products used by state agencies.
A. In determining the award of any contract for paper and paper products to be purchased for use by
agencies of the Commonwealth, the Department of General Services shall procure using competitive
sealed bidding and shall award to the lowest responsible bidder offering recycled paper and paper
products of a quality suitable for the purpose intended, so long as the bid price is not more than ten
percent greater than the bid price of the low responsive and responsible bidder offering a product that
does not qualify under subsection B.
B. For purposes of this section, recycled paper and paper products means any paper or paper products
meeting the EP A Recommended Content Standards as defined in 40 C.F .R. Part 247.
(1989, c. 442, § 11-47.2; 1990, cc. 449,857; 2001, c. 844.)
§ 2.2-4327. Preference for community reinvestment activities in contracts for investment of funds.
Notwithstanding any other provision of law, any county or city that is authorized to and has established
affordable housing programs pursuant to (i) § 15.2-2304 or § 15.2-2305 or (ii) a local ordinance adopted
prior to December 31, 1988, may provide by resolution that in determining the award of any contract for
time deposits or investment of its funds, the treasurer or director of finance of such county or city may
consider, in addition to the typical criteria, the investment activities of qualifying institutions that
enhance the supply of, or accessibility to, affordable housing within the jurisdiction. No more than fifty
percent of the funds of the county or city, calculated on the basis of the average daily balance of the
general fund during the previous fiscal year, may be deposited or invested by considering such
investment activities as a factor in the award of a contract. A qualifying institution shall meet the
provisions of the Virginia Security for Public Deposits Act (§ 2.2-4400 et seq.) and all local terms and
conditions for security, liquidity and rate of return.
(1993, c. 937, § 11-47.3; 1995, c. 206; 1997, c. 176; 1999, c. 708; 2001, c. 844.)
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§ 2.2-4328. Preference for local products and firms; applicability.
A. The governing body of a county, city or town may, in the case of a tie bid, give preference to goods,
services and construction produced in such locality or provided by persons, firms or corporations having
principal places of business in the locality, if such a choice is available; otherwise the tie shall be
decided by lot, unless § 2.2-4324 applies.
B. The provisions of this section shall apply only to bids submitted pursuant to a written Invitation to
Bid.
(1994, c. 882, § 11-47.4; 2001, c. 844.)
§ 2.2-4329. .
Expired.
§ 2.2-4330. Withdrawal of bid due to error.
A. A bidder for a public construction contract, other than a contract for construction or maintenance of
public highways, may withdraw his bid from consideration if the price bid was substantially lower than
the other bids due solely to a mistal(e in the bid, provided the bid was submitted in good faith, and the
mistal(e was a clerical mistal(e as opposed to a judgment mistal(e, and was actually due to an
unintentional arithmetic error or an unintentional omission of a quantity of worl(, labor or material made
directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can
be clearly shown by objective evidence drawn from inspection of original worl( papers, documents and
materials used in the preparation of the bid sought to be withdrawn.
If a bid contains both clerical and judgment mistal(es, a bidder may withdraw his bid from consideration
if the price bid would have been substantially lower than the other bids due solely to the clerical mistal(e,
that was an unintentional arithmetic error or an unintentional omission of a quantity of worl(, labor or
material made directly in the compilation of a bid that shall be clearly shown by objective evidence
drawn from inspection of original worl( papers, documents and materials used in the preparation of the
bid sought to be withdrawn.
One of the following procedures for withdrawal of a bid shall be selected by the public body and stated
in the advertisement for bids (i) the bidder shall give notice in writing of his claim of right to withdraw
his bid within two business days after the conclusion of the bid opening procedure and shall submit
original worl( papers with such notice; or (ii) the bidder shall submit to the public body or designated
official his original worl( papers, documents and materials used in the preparation of the bid within one
day after the date fixed for submission of bids. The worl( papers shall be delivered by the bidder in
person or by registered mail at or prior to the time fixed for the opening of bids. In either instance, the
worl( papers, documents and materials may be considered as trade secrets or proprietary information
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subject to the conditions of subsection F of § 2.2-4342. The bids shall be opened one day following the
time fixed by the public body for the submission of bids. Thereafter, the bidder shall have two hours
after the opening of bids within which to claim in writing any mistal(e as defined herein and withdraw
his bid. The contract shall not be awarded by the public body until the two-hour period has elapsed. The
mistal(e shall be proved only from the original worl( papers, documents and materials delivered as
required herein.
B. A public body may establish procedures for the withdrawal of bids for other than construction
contracts.
C. No bid shall be withdrawn under this section when the result would be the awarding of the contract
on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder
is more than five percent.
D. If a bid is withdrawn in accordance with this section, the lowest remaining bid shall be deemed to be
the low bid.
E. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to
or perform any subcontract or other worl( agreement for the person or firm to whom the contract is
awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the
withdrawn bid was submitted.
F. If the public body denies the withdrawal of a bid under the provisions of this section, it shall notify
the bidder in writing stating the reasons for its decision and award the contract to such bidder at the bid
price, provided such bidder is a responsible and responsive bidder.
(1982, c. 647, § 11-54; 1985, c. 286; 1994, c. 897; 1999, c. 344; 2001, c. 844.)
§ 2.2-4331. Contract pricing arrangements.
A. Except as prohibited in this section, public contracts may be awarded on a fixed price or cost
reimbursement basis, or on any other basis that is not prohibited.
B. Except in case of emergency affecting the public health, safety or welfare, no public contract shall be
awarded on the basis of cost plus a percentage of cost.
C. A policy or contract of insurance or prepaid coverage having a premium computed on the basis of
claims paid or incurred, plus the insurance carrier's administrative costs and retention stated in whole or
part as a percentage of such claims, shall not be prohibited by this section.
(1982, c. 647, § 11-43; 2001, c. 844.)
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§ 2.2-4332. Worl(ers' compensation requirements for construction contractors and subcontractors.
A. No contractor shall perform any worl( on a construction project of a department, agency or institution
of the Commonwealth or any of its political subdivisions unless he (i) has obtained, and continues to
maintain for the duration of the worl(, worl(ers' compensation coverage required pursuant to the
provisions of Chapter 8 (§ 65.2-800 et seq.) of Title 65.2 and (ii) provides prior to the award of contract,
on a form furnished by the department, agency, or institution of the Commonwealth or political
subdivision thereof, evidence of such coverage.
B. The Department of General Services shall provide the form to such departments, agencies,
institutions, and political subdivisions. Failure of a department, agency, institution or political
subdivision to provide the form prior to the award of contract shall waive the requirements of clause (ii)
of subsection A.
C. No subcontractor shall perform any worl( on a construction project of a department, agency or
institution of the Commonwealth unless he has obtained, and continues to maintain for the duration of
such worl(, worl(ers' compensation coverage required pursuant to the provisions of Chapter 8 (§ 65.2-
800 et seq.) of Title 65.2.
(1993, c. 642, § 11-46.3; 2001, c. 844.)
§ 2.2-4333. Retainage on construction contracts.
A. In any public contract for construction that provides for progress payments in installments based
upon an estimated percentage of completion, the contractor shall be paid at least ninety-five percent of
the earned sum when payment is due, with no more than five percent being retained to ensure faithful
performance of the contract. All amounts withheld may be included in the final payment.
B. Any subcontract for a public project that provides for similar progress payments shall be subject to
the provisions of this section.
(1982, c. 647, § 11-56; 2001, c. 844.)
§ 2.2-4334. Deposit of certain retained funds on certain contracts with local governments; penalty for
failure to timely complete.
A. Any county, city, town or agency thereof or other political subdivision of the Commonwealth when
contracting directly with contractors for public contracts of $200,000 or more for construction of
highways, roads, streets, bridges, parl(ing lots, demolition, clearing, grading, excavating, paving, pile
driving, miscellaneous drainage structures, and the installation of water, gas, sewer lines and pumping
stations where portions of the contract price are to be retained, shall include in the Bid Proposal an
option for the contractor to use an escrow account procedure for utilization of the political subdivision's
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retainage funds by so indicating in the space provided in the proposal documents. In the event the
contractor elects to use the escrow account procedure, the escrow agreement form included in the Bid
Proposal and Contract shall be executed and submitted to the political subdivision within fifteen
calendar days after notification. If the escrow agreement form is not submitted within the fifteen-day
period, the contractor shall forfeit his rights to the use of the escrow account procedure.
B. In order to have retained funds paid to an escrow agent, the contractor, the escrow agent, and the
surety shall execute an escrow agreement form. The contractor's escrow agent shall be a trust company,
banl( or savings institution with its principal office located in the Commonwealth. The escrow agreement
and all regulations adopted by the political subdivision entering into the contract shall be substantially
the same as that used by the Virginia Department of Transportation.
C. This section shall not apply to public contracts for construction for railroads, public transit systems,
runways, dams, foundations, installation or maintenance of power systems for the generation and
primary and secondary distribution of electric current ahead of the customer's meter, the installation or
maintenance of telephone, telegraph or signal systems for public utilities and the construction or
maintenance of solid waste or recycling facilities and treatment plants.
D. Any such public contract for construction with a county, city, town or agency thereof or other
political subdivision of the Commonwealth, which includes payment of interest on retained funds, may
require a provision whereby the contractor, exclusive of reasonable circumstances beyond the control of
the contractor stated in the contract, shall pay a specified penalty for each day exceeding the completion
date stated in the contract.
E. Any subcontract for such public project that provides for similar progress payments shall be subject to
the provisions of this section.
(1989, c. 1, § 11-56.1; 2001, c. 844.)
§ 2.2-4335. Public construction contract provisions barring damages for unreasonable delays declared
void.
A. Any provision contained in any public construction contract that purports to waive, release, or
extinguish the rights of a contractor to recover costs or damages for unreasonable delay in performing
such contract, either on his behalf or on behalf of his subcontractor if and to the extent the delay is
caused by acts or omissions of the public body, its agents or employees and due to causes within their
control shall be void and unenforceable as against public policy.
B. Subsection A shall not be construed to render void any provision of a public construction contract
that:
1. Allows a public body to recover that portion of delay costs caused by the acts or omissions of the
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contractor, or its subcontractors, agents or employees;
2. Requires notice of any delay by the party claiming the delay;
3. Provides for liquidated damages for delay; or
4. Provides for arbitration or any other procedure designed to settle contract disputes.
c. A contractor mal(ing a claim against a public body for costs or damages due to the alleged delaying of
the contractor in the performance of its worl( under any public construction contract shall be liable to the
public body and shall pay it for a percentage of all costs incurred by the public body in investigating,
analyzing, negotiating, litigating and arbitrating the claim, which percentage shall be equal to the
percentage of the contractor's total delay claim that is determined through litigation or arbitration to be
false or to have no basis in law or in fact.
D. A public body denying a contractor's claim for costs or damages due to the alleged delaying of the
contractor in the performance ofworl( under any public construction contract shall be liable to and shall
pay such contractor a percentage of all costs incurred by the contractor to investigate, analyze, negotiate,
litigate and arbitrate the claim. The percentage paid by the public body shall be equal to the percentage
of the contractor's total delay claim for which the public body's denial is determined through litigation or
arbitration to have been made in bad faith.
(1991, c. 701, § 11-56.2; 2001, cc. 324, 844.)
§ 2.2-4336. Bid bonds.
A. Except in cases of emergency, all bids or proposals for construction contracts in excess of $100,000
shall be accompanied by a bid bond from a surety company selected by the bidder that is authorized to
do business in Virginia, as a guarantee that if the contract is awarded to the bidder, he will enter into the
contract for the worl( mentioned in the bid. The amount of the bid bond shall not exceed five percent of
the amount bid.
B. No forfeiture under a bid bond shall exceed the lesser of (i) the difference between the bid for which
the bond was written and the next low bid, or (ii) the face amount of the bid bond.
C. Nothing in this section shall preclude a public body from requiring bid bonds to accompany bids or
proposals for construction contracts anticipated to be less than $100,000.
(1982, c. 647, § 11-57; 1984, c. 160; 2001, c. 844.)
§ 2.2-4337. Performance and payment bonds.
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A. Upon the award of any (i) public construction contract exceeding $100,000 awarded to any prime
contractor or (ii) construction contract exceeding $100,000 awarded to any prime contractor requiring
the performance of labor or the furnishing of materials for buildings, structures or other improvements to
real property owned by a public body, the contractor shall furnish to the public body the following
bonds:
1. Except for transportation-related projects, a performance bond in the sum of the contract amount
conditioned upon the faithful performance of the contract in strict conformity with the plans,
specifications and conditions of the contract. For transportation-related projects, such bond shall be in a
form and amount satisfactory to the public body.
2. A payment bond in the sum of the contract amount. The bond shall be for the protection of claimants
who have and fulfill contracts to supply labor or materials to the prime contractor to whom the contract
was awarded, or to any subcontractors, in furtherance of the worl( provided for in the contract, and shall
be conditioned upon the prompt payment for all materials furnished or labor supplied or performed in
the furtherance of the worl(.
"Labor or materials" shall include public utility services and reasonable rentals of equipment, but only
for periods when the equipment rented is actually used at the site.
B. Each of the bonds shall be executed by one or more surety companies selected by the contractor that
are authorized to do business in Virginia.
C. If the public body is the Commonwealth, or any agency or institution thereof, the bonds shall be
payable to the Commonwealth of Virginia, naming also the agency or institution thereof. Bonds required
for the contracts of other public bodies shall be payable to such public body.
D. Each of the bonds shall be filed with the public body that awarded the contract, or a designated office
or official thereof.
E. Nothing in this section shall preclude a public body from requiring payment or performance bonds for
construction contracts below $100,000.
F. Nothing in this section shall preclude the contractor from requiring each subcontractor to furnish a
payment bond with surety thereon in the sum of the full amount of the contract with such subcontractor
conditioned upon the payment to all persons who have and fulfill contracts that are directly with the
subcontractor for performing labor and furnishing materials in the prosecution of the worl( provided for
in the subcontract.
(1982, c. 647, § 11-58; 1984, c. 160; 2001, c. 844; 2002, cc. 556,643,682.)
§ 2.2-4338. Alternative forms of security.
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A. In lieu of a bid, payment, or performance bond, a bidder may furnish a certified checl( or cash escrow
in the face amount required for the bond.
B. If approved by the Attorney General in the case of state agencies, or the attorney for the political
subdivision in the case of political subdivisions, a bidder may furnish a personal bond, property bond, or
banl( or savings institution's letter of credit on certain designated funds in the face amount required for
the bid, payment or performance bond. Approval shall be granted only upon a determination that the
alternative form of security proffered affords protection to the public body equivalent to a corporate
surety's bond.
c. The provisions of this section shall not apply to the Department of Transportation.
(1982,c. 647, § 11-61; 1989, c. 260; 1991,c. 574; 1992,c. 765; 1996,cc. 77, 827; 2001, c. 844.)
§ 2.2-4339. Bonds on other than construction contracts.
A public body may require bid, payment, or performance bonds for contracts for goods or services if
provided in the Invitation to Bid or Request for Proposal.
(1982, c. 647, § 11-62; 2001, c. 844.)
§ 2.2-4340. Action on performance bond.
No action against the surety on a performance bond shall be brought unless within five years after
completion of the worl( on the project to the satisfaction of the Department of Transportation, in cases
where the public body is the Department of Transportation, or, in all other cases, within one year after (i)
completion of the contract, including the expiration of all warranties and guarantees, or (ii) discovery of
the defect or breach of warranty that gave rise to the action.
(1982, c. 647, § 11-59; 1996, c. 827; 2001, c. 844.)
§ 2.2-4341. Actions on payment bonds; waiver of right to sue.
A. Subject to the provisions of subsection B, any claimant who has performed labor or furnished
material in accordance with the contract documents in furtherance of the worl( provided in any contract
for which a payment bond has been given, and who has not been paid in full before the expiration of 90
days after the day on which the claimant performed the last of the labor or furnished the last of the
materials for which he claims payment, may bring an action on the payment bond to recover any amount
due him for the labor or material. The obligee named in the bond need not be named a party to the
action.
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B. Any claimant who has a direct contractual relationship with any subcontractor but who has no
contractual relationship, express or implied, with the contractor, may bring an action on the contractor's
payment bond only if he has given written notice to the contractor within 180 days from the day on
which the claimant performed the last of the labor or furnished the last of the materials for which he
claims payment, stating with substantial accuracy the amount claimed and the name of the person for
whom the worl( was performed or to whom the material was furnished. Notice to the contractor shall be
served by registered or certified mail, postage prepaid, in an envelope addressed to such contractor at
any place where his office is regularly maintained for the transaction of business. Claims for sums
withheld as retainages with respect to labor performed or materials furnished, shall not be subject to the
time limitations stated in this subsection.
C. Any action on a payment bond shall be brought within one year after the day on which the person
bringing such action last performed labor or last furnished or supplied materials.
D. Any waiver of the right to sue on the payment bond required by this section shall be void unless it is
in writing, signed by the person whose right is waived, and executed after such person has performed
labor or furnished material in accordance with the contract documents.
(1982, c. 647, § 11-60; 2001, cc. 412,844; 2003, c. 255.)
§ 2.2-4342. Public inspection of certain records.
A. Except as provided in this section, all proceedings, records, contracts and other public records
relating to procurement transactions shall be open to the inspection of any citizen, or any interested
person, firm or corporation, in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et
seq. ).
B. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall
not be open to public inspection.
C. Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to inspect bid
records within a reasonable time after the opening of all bids but prior to award, except in the event that
the public body decides not to accept any of the bids and to reopen the contract. Otherwise, bid records
shall be open to public inspection only after award of the contract.
D. Any competitive negotiation offeror, upon request, shall be afforded the opportunity to inspect
proposal records within a reasonable time after the evaluation and negotiations of proposals are
completed but prior to award, except in the event that the public body decides not to accept any of the
proposals and to reopen the contract. Otherwise, proposal records shall be open to public inspection only
after award of the contract.
E. Any inspection of procurement transaction records under this section shall be subject to reasonable
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restrictions to ensure the security and integrity of the records.
F. Trade secrets or proprietary information submitted by a bidder, offeror or contractor in connection
with a procurement transaction or prequalification application submitted pursuant to subsection B of §
2.2-4317 shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.); however,
the bidder, offeror or contractor shall (i) invol(e the protections of this section prior to or upon
submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii)
state the reasons why protection is necessary.
(1982, c. 647, § 11-52; 1984, c. 705; 1994, c. 918; 2001, c. 844.)
§ 2.2-4343. Exemption from operation of chapter for certain transactions.
A. The provisions of this chapter shall not apply to:
1. The Virginia Port Authority in the exercise of any of its powers in accordance with Chapter 10 (§
62.1-128 et seq.) of Title 62.1, provided the Authority implements, by policy or regulation adopted by
the Board of Commissioners and approved by the Department of General Services, procedures to ensure
fairness and competitiveness in the procurement of goods and services and in the administration of its
capital outlay program. This exemption shall be applicable only so long as such policies and procedures
meeting the requirements remain in effect.
2. The Virginia Retirement System for selection of services related to the management, purchase or sale
of authorized investments, including but not limited to actuarial services. Selection of these services
shall be governed by the standard set forth in § 51.1-124.30.
3. The State Treasurer in the selection of investment management services related to the external
management of funds shall be governed by the standard set forth in § 2.2-4514, and shall be subject to
competitive guidelines and policies that are set by the Commonwealth Treasury Board and approved by
the Department of General Services.
4. The Department of Social Services or local departments of social services for the acquisition of motor
vehicles for sale or transfer to Temporary Assistance to Needy Families (TANF) recipients.
5. The University of Virginia in the selection of services related to the management and investment of its
endowment funds, endowment income, or gifts pursuant to § 23-76.1. However, selection of these
services shall be governed by the Uniform Management of Institutional Funds Act (§ 55-268.1 et seq.)
as required by § 23-76.1.
6. The Board of the Virginia College Savings Plan for the selection of services related to the operation
and administration of the Plan, including, but not limited to, contracts or agreements for the
management, purchase, or sale of authorized investments or actuarial, record l(eeping, or consulting
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services. However, such selection shall be governed by the standard set forth in § 23-38.80.
7. Public institutions of higher education for the purchase of items for resale at retail bool(stores and
similar retail outlets operated by such institutions. However, such purchase procedures shall provide for
competition where practicable.
8. The purchase of goods and services by agencies of the legislative branch that may be specifically
exempted therefrom by the Chairman of the Committee on Rules of either the House of Delegates or the
Senate. Nor shall the contract review provisions of § 2.2-2011 apply to such procurements. The
exemption shall be in writing and l(ept on file with the agency's disbursement records.
9. Any town with a population of less than 3,500, except as stipulated in the provisions of §§ 2.2-4305,
2.2-4308, 2.2-4311, 2.2-4315, 2.2-4330, 2.2-4333 through 2.2-4338, 2.2-4343.1, and 2.2-4367 through
2.2-4377.
10. Any county, city or town whose governing body has adopted, by ordinance or resolution, alternative
policies and procedures which are (i) based on competitive principles and (ii) generally applicable to
procurement of goods and services by such governing body and its agencies, except as stipulated in
subdivision 12.
This exemption shall be applicable only so long as such policies and procedures, or other policies and
procedures meeting the requirements of § 2.2-4300, remain in effect in such county, city or town. Such
policies and standards may provide for incentive contracting that offers a contractor whose bid is
accepted the opportunity to share in any cost savings realized by the locality when project costs are
reduced by such contractor, without affecting project quality, during construction of the project. The fee,
if any, charged by the project engineer or architect for determining such cost savings shall be paid as a
separate cost and shall not be calculated as part of any cost savings.
11. Any school division whose school board has adopted, by policy or regulation, alternative policies
and procedures that are (i) based on competitive principles and (ii) generally applicable to procurement
of goods and services by the school board, except as stipulated in subdivision 12.
This exemption shall be applicable only so long as such policies and procedures, or other policies or
procedures meeting the requirements of § 2.2-4300, remain in effect in such school division. This
provision shall not exempt any school division from any centralized purchasing ordinance duly adopted
by a local governing body.
12. Notwithstanding the exemptions set forth in subdivisions 9 through 11, the provisions of subsections
C and D of § 2.2-4303, and §§ 2.2-4305,2.2-4308,2.2-4311,2.2-4315, 2.2-4317, 2.2-4330, 2.2-4333
through 2.2-4338,2.2-4343.1, and 2.2-4367 through 2.2-4377 shall apply to all counties, cities and
school divisions, and to all towns having a population greater than 3,500 in the Commonwealth.
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The method for procurement of professional services set forth in subdivision 3 a of § 2.2-4301 in the
definition of competitive negotiation shall also apply to all counties, cities and school divisions, and to
all towns having a population greater than 3,500, where the cost of the professional service is expected
to exceed $30,000 in the aggregate or for the sum of all phases of a contract or project. A school board
that mal(es purchases through its public school foundation or purchases educational technology through
its educational technology foundation, either as may be established pursuant to § 22.1-212.2:2 shall be
exempt from the provisions of this chapter, except, relative to such purchases, the school board shall
comply with the provisions of §§ 2.2-4311 and 2.2-4367 through 2.2-4377.
13. A public body that is also a utility operator may purchase services through or participate in contracts
awarded by one or more utility operators that are not public bodies for utility marl(ing services as
required by the Underground Utility Damage Prevention Act (§ 56-265.14 et seq.). A purchase of
services under this subdivision may deviate from the procurement procedures set forth in this chapter
upon a determination made in advance by the public body and set forth in writing that competitive
sealed bidding is either not practicable or not fiscally advantageous to the public, and the contract is
awarded based on competitive principles.
14. Procurement of any construction or planning and design services for construction by a Virginia
nonprofit corporation or organization not otherwise specifically exempted when (i) the planning, design
or construction is funded by state appropriations of $10,000 or less or (ii) the Virginia nonprofit
corporation or organization is obligated to conform to procurement procedures that are established by
federal statutes or regulations, whether those federal procedures are in conformance with the provisions
of this chapter.
15. Purchases, exchanges, gifts or sales by the Citizens' Advisory Council on Furnishing and
Interpreting the Executive Mansion.
16. The Eastern Virginia Medical School in the selection of services related to the management and
investment of its endowment and other institutional funds. The selection of these services shall,
however, be governed by the Uniform Management of Institutional Funds Act (§ 55-268.1 et seq.).
17. The Department of Corrections in the selection of pre-release and post-incarceration services.
18. The Board of the Chippol(es Plantation Farm Foundation in entering into agreements with persons
for the construction, operation, and maintenance of projects consistent with the Chippol(es Plantation
State Parl( Master Plan approved by the Director of the Department of Conservation and Recreation
pursuant to the requirements of § 10.1-200.1 and designed to further an appreciation for rural living and
the contributions of the agricultural, forestry, and natural resource based industries of the
Commonwealth, provided such projects are supported solely by private or nonstate funding.
19. The University of Virginia Medical Center to the extent provided by subdivision B 3 of § 23-77.4.
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20. The purchase of goods and services by a local governing body or any authority, board, department,
instrumentality, institution, agency or other unit of state government when such purchases are made
under a remedial plan established by the Governor pursuant to subsection C of § 2.2-4310 or by a chief
administrative officer of a county, city or town pursuant to § 15.2-965.1.
B. Where a procurement transaction involves the expenditure of federal assistance or contract funds, the
receipt of which is conditioned upon compliance with mandatory requirements in federal laws or
regulations not in conformance with the provisions of this chapter, a public body may comply with such
federal requirements, notwithstanding the provisions of this chapter, only upon the written determination
of the Governor, in the case of state agencies, or the governing body, in the case of political
subdivisions, that acceptance of the grant or contract funds under the applicable conditions is in the
public interest. Such determination shall state the specific provision of this chapter in conflict with the
conditions of the grant or contract.
(1982, c. 647, §§ 11-35, 11-39, 11-40; 1983, c. 593; 1984, cc. 159,330,764, § 11-40.2; 1985, c. 74;
1986,cc. 149,212,559; 1987,c. 583; 1991,c.645; 1994,cc.661,918; 1995,c. 18; 1996, cc. 261,280,
683,1019; 1997,cc. 85,488,785,861,863; 1998,cc. 121,132; 1999, cc. 230,248, 735,910, § 11-40.4;
2000, cc. 29, 382,400,642, 644,666, 703;2001,cc.392,409, 736, 753, 774, 844; 2002, cc. 87,478,
491,582, 595;2003, cc. 226, 1008;2004,cc. 145,865,891.)
§ 2.2-4343.1. Permitted contracts with certain religious organizations; purpose; limitations.
A. It is the intent of the General Assembly, in accordance with the Personal Responsibility and Worl(
Opportunity Reconciliation Act of 1996, P .L. 104-193, to authorize public bodies to enter into contracts
with faith-based organizations for the purposes described in this section on the same basis as any other
nongovernmental source without impairing the religious character of such organization, and without
diminishing the religious freedom of the beneficiaries of assistance provided under this section.
B. For the purposes of this section, "faith-based organization" means a religious organization that is or
applies to be a contractor to provide goods or services for programs funded by the blocl( grant provided
pursuant to the Personal Responsibility and W orl( Opportunity Reconciliation Act of 1996, P .L. 104-
193.
C. Public bodies, in procuring goods or services, or in mal(ing disbursements pursuant to this section,
shall not (i) discriminate against a faith-based organization on the basis of the organization's religious
character or (ii) impose conditions that (a) restrict the religious character of the faith-based organization,
except as provided in subsection F, or (b) impair, diminish, or discourage the exercise of religious
freedom by the recipients of such goods, services, or disbursements.
D. Public bodies shall ensure that all invitations to bid, requests for proposals, contracts, and purchase
orders prominently display a nondiscrimination statement indicating that the public body does not
discriminate against faith-based organizations.
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E. A faith-based organization contracting with a public body (i) shall not discriminate against any
recipient of goods, services, or disbursements made pursuant to a contract authorized by this section on
the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the
basis of race, age, color, gender or national origin and (ii) shall be subject to the same rules as other
organizations that contract with public bodies to account for the use of the funds provided; however, if
the faith-based organization segregates public funds into separate accounts, only the accounts and
programs funded with public funds shall be subject to audit by the public body. Nothing in clause (ii)
shall be construed to supercede or otherwise override any other applicable state law.
F. Consistent with the Personal Responsibility and W orl( Opportunity Reconciliation Act of 1996, P .L.
104-193, funds provided for expenditure pursuant to contracts with public bodies shall not be spent for
sectarian worship, instruction, or proselytizing; however, this prohibition shall not apply to expenditures
pursuant to contracts, if any, for the services of chaplains.
G. Nothing in this section shall be construed as barring or prohibiting a faith-based organization from
any opportunity to mal(e a bid or proposal or contract on the grounds that the faith-based organization
has exercised the right, as expressed in 42 V.S.C. (§ 2000e-1 et seq.), to employ persons of a particular
religion.
H. If an individual, who applies for or receives goods, services, or disbursements provided pursuant to a
contract between a public body and a faith-based organization, objects to the religious character of the
faith-based organization from which the individual receives or would receive the goods, services, or
disbursements, the public body shall offer the individual, within a reasonable period of time after the
date of his objection, access to equivalent goods, services, or disbursements from an alternative
provider.
The public body shall provide to each individual who applies for or receives goods, services, or
disbursements provided pursuant to a contract between a public body and a faith-based organization a
notice in bold face type that states: "Neither the public body's selection of a charitable or faith-based
provider of services nor the expenditure of funds under this contract is an endorsement of the provider's
charitable or religious character, practices, or expression. No provider of services may discriminate
against you on the basis of religion, a religious belief, or your refusal to actively participate in a religious
practice. If you object to a particular provider because of its religious character, you may request
assignment to a different provider. If you believe that your rights have been violated, please discuss the
complaint with your provider or notify the appropriate person as indicated in this form."
(2001, c. 774, § 11-35.1.)
§ 2.2-4344. Exemptions from competition for certain transactions.
A. Any public body may enter into contracts without competition for:
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1. The purchase of goods or services that are produced or performed by:
a. Persons, or in schools or worl(shops, under the supervision of the Virginia Department for the Blind
and Vision Impaired; or
b. Nonprofit sheltered worl(shops or other nonprofit organizations that offer transitional or supported
employment services serving the handicapped.
2. The purchase of legal services, provided that the pertinent provisions of Chapter 5 (§ 2.2-500 et seq.)
of this title remain applicable, or expert witnesses or other services associated with litigation or
regulatory proceedings.
B. An industrial development authority may enter into contracts without competition with respect to any
item of cost of "authority facilities" or "facilities" as defined in § 15.2-4902.
C. A community development authority formed pursuant to Article 6 (§ 15.2-5152 et seq.) of Chapter 51
of Title 15.2, with members selected pursuant to such article, may enter into contracts without
competition with respect to the exercise of any of its powers permitted by § 15.2-5158. However, this
exception shall not apply in cases where any public funds other than special assessments and
incremental real property taxes levied pursuant to § 15.2-5158 are used as payment for such contract.
D. The Inspector General for Mental Health, Mental Retardation and Substance Abuse Services may
enter into contracts without competition to obtain the services of licensed health care professionals or
other experts to assist in carrying out the duties of the Office of the Inspector General for Mental Health,
Mental Retardation and Substance Abuse Services.
(1982,c. 647, § 11-45; 1984,c. 764; 1987,cc. 194,248; 1989, c. 235; 1990,c.395; 1991,c. 175; 1993,
cc. 110,505,638,971; 1996,cc. 145,897,902,950,1038; 1998, cc. 222, 619, 666,697, 791; 1999,cc.
160,194,1021, 1024;2000, cc. 242, 696, 927;2001,c. 844.)
§ 2.2-4345. Exemptions from competitive sealed bidding and competitive negotiation for certain
transactions; limitations.
A. The following public bodies may enter into contracts without competitive sealed bidding or
competitive negotiation:
1. The Director of the Department of Medical Assistance Services for special services provided for
eligible recipients pursuant to subsection H of § 32.1-325, provided that the Director has made a
determination in advance after reasonable notice to the public and set forth in writing that competitive
sealed bidding or competitive negotiation for such services is not fiscally advantageous to the public, or
would constitute an imminent threat to the health or welfare of such recipients. The writing shall
document the basis for this determination.
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2. (Effective until July 1, 2008) The State Health Commissioner for the compilation, storage, analysis,
evaluation, and publication of certain data submitted by health care providers and for the development of
a methodology to measure the efficiency and productivity of health care providers pursuant to Chapter
7.2 (§ 32.1-276.2 et seq.) of Title 32.1, if the Commissioner has made a determination in advance, after
reasonable notice to the public and set forth in writing, that competitive sealed bidding or competitive
negotiation for such services is not fiscally advantageous to the public. The writing shall document the
basis for this determination. Such agreements and contracts shall be based on competitive principles.
3. The Virginia Code Commission when procuring the services of a publisher, pursuant to § § 30-146
and 30-148, to publish the Code of Virginia or the Virginia Administrative Code.
4. The Department of Alcoholic Beverage Control for the purchase of alcoholic beverages.
5. The Department for the Aging, for the administration of elder rights programs, with (i) nonprofit
Virginia corporations granted tax-exempt status under § 501 (c) (3) of the Internal Revenue Code with
statewide experience in Virginia in conducting a state long-term care ombudsman program or (ii)
designated area agencies on aging.
6. The Department of Health for (a) child restraint devices, pursuant to § 46.2-1097; (b) health care
services with Virginia corporations granted tax-exempt status under § 501 (c) (3) of the Internal
Revenue Code and operating as clinics for the indigent and uninsured that are organized for the delivery
of primary health care services in a community (i) as federally qualified health centers designated by the
Health Care Financing Administration or (ii) at a reduced or sliding fee scale or without charge; or (c)
contracts with laboratories providing cytology and related services if competitive sealed bidding and
competitive negotiations are not fiscally advantageous to the public to provide quality control as
prescribed in writing by the Commissioner of Health.
7. Virginia Correctional Enterprises, when procuring materials, supplies, or services for use in and
support of its production facilities, provided the procurement is accomplished using procedures that
ensure as efficient use of funds as practicable and, at a minimum, includes obtaining telephone
quotations. Such procedures shall require documentation of the basis for awarding contracts under this
section.
8. The Virginia Baseball Stadium Authority for the operation of any facilities developed under the
provisions of Chapter 58 (§ 15.2-5800 et seq.) of Title 15.2, including contracts or agreements with
respect to the sale of food, beverages and souvenirs at such facilities.
9. With the consent of the Governor, the Jamestown-Yorl(town Foundation for the promotion of tourism
through marl(eting with private entities provided a demonstrable cost savings, as reviewed by the
Secretary of Education, can be realized by the Foundation and such agreements or contracts are based on
competitive principles.
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10. The Chesapeal(e Hospital Authority in the exercise of any power conferred under Chapter 271, as
amended, of the Acts of Assembly of 1966.
11. The Hospital Authority ofNorfoll( in the exercise of any power conferred under Chapter 53 (§ 15.2-
5300 et seq.) of Title 15.2. The Authority shall not discriminate against any person on the basis of race,
color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital
status, or disability in the procurement of goods and services.
12. The Patricl( Hospital Authority sealed in the exercise of any power conferred under the Acts of
Assembly of 2000.
13. Public bodies for insurance or electric utility services if purchased through an association of which it
is a member if the association was formed and is maintained for the purpose of promoting the interest
and welfare of and developing close relationships with similar public bodies, provided such association
has procured the insurance or electric utility services by use of competitive principles and provided that
the public body has made a determination in advance after reasonable notice to the public and set forth
in writing that competitive sealed bidding and competitive negotiation are not fiscally advantageous to
the public. The writing shall document the basis for this determination.
14. Public bodies administering public assistance and social services programs as defined in § 63.2-100,
community services boards as defined in § 37.1-1, or any public body purchasing services under the
Comprehensive Services Act for At-Risl( Youth and Families (§ 2.2-5200 et seq.) or the Virginia
Juvenile Community Crime Control Act (§ 16.1-309.2 et seq.) for goods or personal services for direct
use by the recipients of such programs if the procurement is made for an individual recipient. Contracts
for the bull( procurement of goods or services for the use of recipients shall not be exempted from the
requirements of § 2.2-4303.
15. The Eastern Virginia Medical School in the exercise of any power conferred pursuant to Chapter
471, as amended, of the Acts of Assembly of 1964.
B. No contract for the construction of any building or for an addition to or improvement of an existing
building by any local government or subdivision of local government for which state funds of not more
than $30,000 in the aggregate or for the sum of all phases of a contract or project either by appropriation,
grant-in-aid or loan, are used or are to be used for all or part of the cost of construction shall be let
except after competitive sealed bidding or after competitive negotiation as provided under of subsection
D of § 2.2-4303. The procedure for the advertising for bids or for proposals and for letting of the
contract shall conform, mutatis mutandis, to this chapter.
(1982,c. 647, § 11-45; 1984,c. 764; 1987,cc. 194,248; 1989, c. 235; 1990,c.395; 1991,c. 175; 1993,
cc. 110,505,638,971; 1996,cc. 145,897,902,950,1038; 1998, cc. 222, 619, 666,697, 791; 1999,cc.
160,194,1021, 1024;2000, cc. 242, 696, 927;2001,c. 844; 2002, cc. 87,478,747.)
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§ 2.2-4346. Other exemptions for certain transactions.
The following public bodies may enter into contracts as provided in this section.
A. Contracts for certain essential election materials and services are exempted from the requirements of
Articles 1 (§ 2.2-4300 et seq.), 2 (§ 2.2-4303 et seq.), and 5 (§ 2.2-4357 et seq.) of this chapter pursuant
to § 24.2-602.
B. Any local school board may authorize any of its public schools or its school division to enter into
contracts providing that caps and gowns, photographs, class rings, yearbool(s and graduation
announcements will be available for purchase or rental by students, parents, faculty or other persons
using nonpublic money through the use of competitive negotiation as provided in this chapter;
competitive sealed bidding is not necessarily required for such contracts. The Superintendent of Public
Instruction may provide assistance to public school systems regarding this chapter and other related
laws.
C. The Virginia Racing Commission may designate an entity to administer and promote the Virginia
Breeders Fund created pursuant to § 59.1-372 without competitive procurement.
(1982,c. 647, §§ 11-41,11-45; 1984,c. 764; 1985,c. 164; 1986,cc. 332,559; 1987,cc. 194,248,456;
1988, cc. 40, 640; 1989,cc.235,296; 1990,c. 395; 1991,cc. 73,175; 1992,c. 105, § 11-40.3; 1993,cc.
110,242,505,638,971; 1996,cc. 145,827,897,902,950,965,1019,1038; 1998, c.222, 619, 666,
697,791; 1999,cc. 160,178,194, 1021, 1024;2000, cc. 242, 637, 647, 664,692,696, 927;2001,c.
844.)
§ 2.2-4347. Definitions.
As used in this article, unless the context requires a different meaning:
"Contractor" means the entity that has a direct contract with any "state agency" as defined herein, or any
agency of local government as discussed in § 2.2-4352.
"Debtor" means any individual, business, or group having a delinquent debt or account with any state
agency that obligation has not been satisfied or set aside by court order or discharged in banlcruptcy.
"Payment date" means either (i) the date on which payment is due under the terms of a contract for
provision of goods or services; or (ii) if such date has not been established by contract, (a) thirty days
after receipt of a proper invoice by the state agency or its agent or forty-five days after receipt by the
local government or its agent responsible under the contract for approval of such invoices for the amount
of payment due, or (b) thirty days after receipt of the goods or services by the state agency or forty-five
days after receipt by the local government, whichever is later.
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"State agency" means any authority, board, department, instrumentality, institution, agency or other unit
of state government. The term shall not include any county, city or town or any local or regional
governmental authority.
"Subcontractor" means any entity that has a contract to supply labor or materials to the contractor to
whom the contract was awarded or to any subcontractor in the performance of the worl( provided for in
such contract.
(1984, c. 736, § 11-62.1; 1990, c. 824; 1992, c. 75; 2001, c. 844.)
§ 2.2-4348. Exemptions.
The provisions of this article shall not apply to the late payment provisions contained in any public
utility tariffs prescribed by the State Corporation Commission.
(1984, c. 736, § 11-62.9; 2001, c. 844.)
§ 2.2-4349. Retainage to remain valid.
Notwithstanding the provisions of this article, the provisions of § 2.2-4333 relating to retainage shall
remain valid.
(1984, c. 736, § 11-62.8; 2001, c. 844.)
§ 2.2-4350. Prompt payment of bills by state agencies.
A. Every state agency that acquires goods or services, or conducts any other type of contractual business
with nongovernmental, privately owned enterprises shall promptly pay for the completely delivered
goods or services by the required payment date.
Payment shall be deemed to have been made when offset proceedings have been instituted, as authorized
under the Virginia Debt Collection Act (§ 2.2-4800 et seq.).
B. Separate payment dates may be specified for contracts under which goods or services are provided in
a series of partial deliveries or executions to the extent that such contract provides for separate payment
for such partial delivery or execution.
(1984, c. 736, §§ 11-62.2, 11-62.3; 1992, c. 75; 2001, c. 844.)
§ 2.2-4351. Defect or impropriety in the invoice or goods and/or services received.
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In instances where there is a defect or impropriety in an invoice or in the goods or services received, the
state agency shall notify the supplier of the defect or impropriety, if the defect or impropriety would
prevent payment by the payment date. The notice shall be sent within fifteen days after receipt of the
invoice or the goods or services.
(1984, c. 736, § 11-62.4; 2001, c. 844.)
§ 2.2-4352. Prompt payment of bills by localities.
Every agency of local government that acquires goods or services, or conducts any other type of
contractual business with a nongovernmental, privately owned enterprise, shall promptly pay for the
completed delivered goods or services by the required payment date. The required payment date shall be
either: (i) the date on which payment is due under the terms of the contract for the provision of the goods
or services; or (ii) if a date is not established by contract, not more than forty-five days after goods or
services are received or not more than forty-five days after the invoice is rendered, whichever is later.
Separate payment dates may be specified for contracts under which goods or services are provided in a
series of partial executions or deliveries to the extent that the contract provides for separate payment for
partial execution or delivery.
Within twenty days after the receipt of the invoice or goods or services, the agency shall notify the
supplier of any defect or impropriety that would prevent payment by the payment date.
Unless otherwise provided under the terms of the contract for the provision of goods or services, every
agency that fails to pay by the payment date shall pay any finance charges assessed by the supplier that
shall not exceed one percent per month.
The provisions of this section shall not apply to the late payment provisions in any public utility tariffs
or public utility negotiated contracts.
(1985, c. 454, § 11-62.10; 2001, c. 844.)
§ 2.2-4353. Date ofpostmarl( deemed to be date payment is made.
In those cases where payment is made by mail, the date of postmarl( shall be deemed to be the date
payment is made for purposes of this chapter.
(1984, c. 736, § 11-62.6; 2001, c. 844.)
§ 2.2-4354. Payment clauses to be included in contracts.
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Any contract awarded by any state agency, or any contract awarded by any agency of local government
in accordance with § 2.2-4352, shall include:
1. A payment clause that obligates the contractor to tal(e one of the two following actions within seven
days after receipt of amounts paid to the contractor by the state agency or local government for worl(
performed by the subcontractor under that contract:
a. Pay the subcontractor for the proportionate share of the total payment received from the agency
attributable to the worl( performed by the subcontractor under that contract; or
b. Notify the agency and subcontractor, in writing, of his intention to withhold all or a part of the
subcontractor's payment with the reason for nonpayment.
2. A payment clause that requires (i) individual contractors to provide their social security numbers and
(ii) proprietorships, partnerships, and corporations to provide their federal employer identification
numbers.
3. An interest clause that obligates the contractor to pay interest to the subcontractor on all amounts
owed by the contractor that remain unpaid after seven days following receipt by the contractor of
payment from the state agency or agency of local government for worl( performed by the subcontractor
under that contract, except for amounts withheld as allowed in subdivision 1.
4. An interest rate clause stating, "Unless otherwise provided under the terms of this contract, interest
shall accrue at the rate of one percent per month. "
Any such contract awarded shall further require the contractor to include in each of its subcontracts a
provision requiring each subcontractor to include or otherwise be subject to the same payment and
interest requirements with respect to each lower-tier subcontractor.
A contractor's obligation to pay an interest charge to a subcontractor pursuant to the payment clause in
this section shall not be construed to be an obligation of the state agency or agency of local government.
A contract modification shall not be made for the purpose of providing reimbursement for the interest
charge. A cost reimbursement claim shall not include any amount for reimbursement for the interest
charge.
(1990, c. 824, § 11-62.11; 1992, c. 110; 2001, c. 844.)
§ 2.2-4355. Interest penalty; exceptions.
A. Interest shall accrue, at the rate determined pursuant to subsection B, on all amounts owed by a state
agency to a vendor that remain unpaid after seven days following the payment date. However, nothing in
this section shall affect any contract providing for a different rate of interest, or for the payment of
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interest in a different manner.
B. The rate of interest charged a state agency pursuant to subsection A shall be the base rate on
corporate loans (prime rate) at large United States money center commercial banl(s as reported daily in
the publication entitled The Wall Street Journal. Whenever a split prime rate is published, the lower of
the two rates shall be used. However, in no event shall the rate of interest charged exceed the rate of
interest established pursuant to § 58.1-1812.
C. Notwithstanding subsection A, no interest penalty shall be charged when payment is delayed because
of disagreement between a state agency and a vendor regarding the quantity, quality or time of delivery
of goods or services or the accuracy of any invoice received for the goods or services. The exception
from the interest penalty provided by this subsection shall apply only to that portion of a delayed
payment that is actually the subject of the disagreement and shall apply only for the duration of the
disagreement.
D. This section shall not apply to § 2.2-4333 pertaining to retainage on construction contracts, during the
period of time prior to the date the final payment is due. Nothing contained herein shall prevent a
contractor from receiving interest on such funds under an approved escrow agreement.
E. Notwithstanding subsection A, no interest penalty shall be paid to any debtor on any payment, or
portion thereof, withheld pursuant to the Comptroller's Debt Setoff Program, as authorized by the
Virginia Debt Collection Act (§ 2.2-4800 et seq.), commencing with the date the payment is withheld. If,
as a result of an error, a payment or portion thereof is withheld, and it is determined that at the time of
setoff no debt was owed to the Commonwealth, then interest shall accrue at the rate determined pursuant
to subsection B on amounts withheld that remain unpaid after seven days following the payment date.
(1984, c. 736, § 11-62.5; 1985, c. 101; 1992, c. 75; 2001, c. 844.)
§ 2.2-4356. Comptroller to file annual report.
The Comptroller shall file an annual report with the Governor, the Senate Committee on Finance, the
House Committees on Finance and Appropriations on November 1 for the preceding fiscal year
including (i) the number and dollar amounts of late payments by departments, institutions and agencies,
(ii) the total amount of interest paid and (iii) specific steps being tal(en to reduce the incidence of late
payments.
(1984, c. 736, § 11-62.7; 1985, c. 101; 1997, c. 165; 2001, c. 844.)
§ 2.2-4357. Ineligibility.
A. Any bidder, offeror or contractor refused permission to participate, or disqualified from participation,
in public contracts shall be notified in writing. Prior to the issuance of a written determination of
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disqualification or ineligibility, the public body shall (i) notify the bidder in writing of the results of the
evaluation, (ii) disclose the factual support for the determination, and (iii) allow the bidder an
opportunity to inspect any documents that relate to the determination, if so requested by the bidder
within five business days after receipt of the notice.
Within ten business days after receipt of the notice, the bidder may submit rebuttal information
challenging the evaluation. The public body shall issue its written determination of disqualification or
ineligibility based on all information in the possession of the public body, including any rebuttal
information, within five business days of the date the public body received such rebuttal information.
If the evaluation reveals that the bidder, offeror or contractor should be allowed permission to participate
in the public contract, the public body shall cancel the proposed disqualification action. If the evaluation
reveals that the bidder should be refused permission to participate, or disqualified from participation, in
the public contract, the public body shall so notify the bidder, offeror or contractor. The notice shall state
the basis for the determination, which shall be final unless the bidder appeals the decision within ten
days after receipt of the notice by invol(ing administrative procedures meeting the standards of § 2.2-
4365, if available, or in the alternative by instituting legal action as provided in § 2.2-4364.
B. If, upon appeal, it is determined that the action tal(en was arbitrary or capricious, or not in accordance
with the Constitution of Virginia, applicable state law or regulations, the sole relief shall be restoration
of eligibility.
(1982, c. 647, § 11-63; 1998, c. 753; 2001, c. 844.)
§ 2.2-4358. Appeal of denial of withdrawal of bid.
A. A decision denying withdrawal of bid under the provisions of § 2.2-4330 shall be final and
conclusive unless the bidder appeals the decision within ten days after receipt of the decision by
invol(ing administrative procedures meeting the standards of § 2.2-4365, if available, or in the
alternative by instituting legal action as provided in § 2.2-4364.
B. Ifno bid bond was posted, a bidder refused withdrawal of a bid under the provisions of § 2.2-4330,
prior to appealing, shall deliver to the public body a certified checl( or cash bond in the amount of the
difference between the bid sought to be withdrawn and the next low bid. Such security shall be released
only upon a final determination that the bidder was entitled to withdraw the bid.
C. If, upon appeal, it is determined that the decision refusing withdrawal of the bid was not (i) an honest
exercise of discretion, but rather was arbitrary or capricious or (ii) in accordance with the Constitution of
Virginia, applicable state law or regulation, or the terms or conditions of the Invitation to Bid, the sole
relief shall be withdrawal of the bid.
(1982, c. 647, § 11-64; 1985, c. 164; 1999, c. 1008; 2001, c. 844.)
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§ 2.2-4359. Determination of non responsibility.
A. Following public opening and announcement of bids received on an Invitation to Bid, the public body
shall evaluate the bids in accordance with element 4 of the definition of "Competitive sealed bidding" in
§ 2.2-4301. At the same time, the public body shall determine whether the apparent low bidder is
responsible. If the public body so determines, then it may proceed with an award in accordance with
element 5 of the definition of "Competitive sealed bidding" in § 2.2-4301. If the public body determines
that the apparent low bidder is not responsible, it shall proceed as follows:
1. Prior to the issuance of a written determination of nonresponsibility, the public body shall (i) notify
the apparent low bidder in writing of the results of the evaluation, (ii) disclose the factual support for the
determination, and (iii) allow the apparent low bidder an opportunity to inspect any documents that
relate to the determination, if so requested by the bidder within five business days after receipt of the
notice.
2. Within ten business days after receipt of the notice, the bidder may submit rebuttal information
challenging the evaluation. The public body shall issue its written determination of responsibility based
on all information in the possession of the public body, including any rebuttal information, within five
business days of the date the public body received the rebuttal information. At the same time, the public
body shall notify, with return receipt requested, the bidder in writing of its determination.
3. Such notice shall state the basis for the determination, which shall be final unless the bidder appeals
the decision within ten days after receipt of the notice by invol(ing administrative procedures meeting
the standards of § 2.2-4365, if available, or in the alternative by instituting legal action as provided in §
2.2-4364.
The provisions of this subsection shall not apply to procurements involving the prequalification of
bidders and the rights of any potential bidders under such prequalification to appeal a decision that such
bidders are not responsible.
B. If, upon appeal pursuant to § 2.2-4364 or § 2.2-4365, it is determined that the decision of the public
body was not (i) an honest exercise of discretion, but rather was arbitrary or capricious or (ii) in
accordance with the Constitution of Virginia, applicable state law or regulation, or the terms or
conditions of the Invitation to Bid, and the award of the contract in question has not been made, the sole
relief shall be a finding that the bidder is a responsible bidder for the contract in question or directed
award as provided in subsection A of § 2.2-4364 or both.
If it is determined that the decision of the public body was not an honest exercise of discretion, but
rather was arbitrary or capricious or not in accordance with the Constitution of Virginia, applicable state
law or regulation, or the terms or conditions of the Invitation to Bid, and an award of the contract has
been made, the relief shall be as set forth in subsection B of § 2.2-4360.
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c. A bidder contesting a determination that he is not a responsible bidder for a particular contract shall
proceed under this section, and may not protest the award or proposed award under the provisions of §
2.2-4360.
D. Nothing contained in this section shall be construed to require a public body, when procuring by
competitive negotiation, to furnish a statement of the reasons why a particular proposal was not deemed
to be the most advantageous.
(1982,c. 647, § 11-65; 1997,c. 864; 1998,c. 753; 1999,c. 1008; 2001, c. 844.)
§ 2.2-4360. Protest of award or decision to award.
A. Any bidder or offeror, who desires to protest the award or decision to award a contract shall submit
the protest in writing to the public body, or an official designated by the public body, no later than ten
days after the award or the announcement of the decision to award, whichever occurs first. Public notice
of the award or the announcement of the decision to award shall be given by the public body in the
manner prescribed in the terms or conditions of the Invitation to Bid or Request for Proposal. Any
potential bidder or offeror on a contract negotiated on a sole source or emergency basis who desires to
protest the award or decision to award such contract shall submit the protest in the same manner no later
than ten days after posting or publication of the notice of such contract as provided in § 2.2-4303.
However, if the protest of any actual or potential bidder or offeror depends in whole or in part upon
information contained in public records pertaining to the procurement transaction that are subject to
inspection under § 2.2-4342, then the time within which the protest shall be submitted shall expire ten
days after those records are available for inspection by such bidder or offeror under § 2.2-4342, or at
such later time as provided in this section. No protest shall lie for a claim that the selected bidder or
offeror is not a responsible bidder or offeror. The written protest shall include the basis for the protest
and the relief sought. The public body or designated official shall issue a decision in writing within ten
days stating the reasons for the action tal(en. This decision shall be final unless the bidder or offeror
appeals within ten days of receipt of the written decision by invol(ing administrative procedures meeting
the standards of § 2.2-4365, if available, or in the alternative by instituting legal action as provided in §
2.2-4364. Nothing in this subsection shall be construed to permit a bidder to challenge the validity of the
terms or conditions of the Invitation to Bid or Request for Proposal.
B. If prior to an award it is determined that the decision to award is arbitrary or capricious, then the sole
relief shall be a finding to that effect. The public body shall cancel the proposed award or revise it to
comply with the law. If, after an award, it is determined that an award of a contract was arbitrary or
capricious, then the sole relief shall be as hereinafter provided.
Where the award has been made but performance has not begun, the performance of the contract may be
enjoined. Where the award has been made and performance has begun, the public body may declare the
contract void upon a finding that this action is in the best interest of the public. Where a contract is
declared void, the performing contractor shall be compensated for the cost of performance up to the time
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of such declaration. In no event shall the performing contractor be entitled to lost profits.
C. Where a public body, an official designated by that public body, or an appeals board determines, after
a hearing held following reasonable notice to all bidders, that there is probable cause to believe that a
decision to award was based on fraud or corruption or on an act in violation of Article 6 (§ 2.2-4367 et
seq.) of this chapter, the public body, designated official or appeals board may enjoin the award of the
contract to a particular bidder.
(1982, c. 647, § 11-66; 1985, c. 164; 1997, c. 864; 2000, c. 641; 2001, c. 844.)
§ 2.2-4361. Effect of appeal upon contract.
Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in
good faith in accordance with this chapter shall not be affected by the fact that a protest or appeal has
been filed.
(1982, c. 647, § 11-67; 2001, c. 844.)
§ 2.2-4362. Stay of award during protest.
An award need not be delayed for the period allowed a bidder or offeror to protest, but in the event of a
timely protest as provided in § 2.2-4360, or the filing of a timely legal action as provided in § 2.2-4364,
no further action to award the contract shall be tal(en unless there is a written determination that
proceeding without delay is necessary to protect the public interest or unless the bid or offer would
expIre.
(1982, c. 647, § 11-68; 1997, c. 864; 2001, c. 844.)
§ 2.2-4363. Contractual disputes.
A. Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty
days after final payment. However, written notice of the contractor's intention to file a claim shall be
given at the time of the occurrence or beginning of the worl( upon which the claim is based. Nothing
herein shall preclude a contract from requiring submission of an invoice for final payment within a
certain time after completion and acceptance of the worl( or acceptance of the goods. Pendency of claims
shall not delay payment of amounts agreed due in the final payment.
B. Each public body shall include in its contracts a procedure for consideration of contractual claims.
Such procedure, which may be contained in the contract or may be specifically incorporated into the
contract by reference and made available to the contractor, shall establish a time limit for a final decision
in writing by the public body. If the public body has established administrative procedures meeting the
standards of § 2.2-4365, such procedures shall be contained in the contract or specifically incorporated
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in the contract by reference and made available to the contractor.
C. A contractor may not invol(e administrative procedures meeting the standards of § 2.2-4365, if
available, or institute legal action as provided in § 2.2-4364, prior to receipt of the public body's decision
on the claim, unless the public body fails to render such decision within the time specified in the
contract.
D. The decision of the public body shall be final and conclusive unless the contractor appeals within six
months of the date of the final decision on the claim by the public body by invol(ing administrative
procedures meeting the standards of § 2.2-4365, if available, or in the alternative by instituting legal
action as provided in § 2.2-4364.
(1982, c. 647, § 11-69; 2001, cc. 106,844.)
§ 2.2-4364. Legal actions.
A. A bidder or offeror, actual or prospective, who is refused permission or disqualified from
participation in bidding or competitive negotiation, or who is determined not to be a responsible bidder
or offeror for a particular contract, may bring an action in the appropriate circuit court challenging that
decision, which shall be reversed only if the petitioner establishes that the decision was not (i) an honest
exercise of discretion, but rather was arbitrary or capricious; (ii) in accordance with the Constitution of
Virginia, applicable state law or regulation, or the terms or conditions of the Invitation to Bid; or(iii) in
the case of denial of prequalification, based upon the criteria for denial of prequalification set forth in
subsection B of § 2.2-4317. In the event the apparent low bidder, having been previously determined by
the public body to be not responsible in accordance with § 2.2-4301, is found by the court to be a
responsible bidder, the court may direct the public body to award the contract to such bidder in
accordance with the requirements of this section and the Invitation to Bid.
B. A bidder denied withdrawal of a bid under § 2.2-4358 may bring an action in the appropriate circuit
court challenging that decision, which shall be reversed only if the bidder establishes that the decision of
the public body was not (i) an honest exercise of discretion, but rather was arbitrary or capricious or (ii)
in accordance with the Constitution of Virginia, applicable state law or regulation, or the terms or
conditions of the Invitation to Bid.
C. A bidder, offeror or contractor, or a potential bidder or offeror on a contract negotiated on a sole
source or emergency basis in the manner provided in § 2.2-4303, whose protest of an award or decision
to award under § 2.2-4360 is denied, may bring an action in the appropriate circuit court challenging a
proposed award or the award of a contract, which shall be reversed only if the petitioner establishes that
the proposed award or the award is not (i) an honest exercise of discretion, but rather is arbitrary or
capricious or (ii) in accordance with the Constitution of Virginia, applicable state law or regulation, or
the terms and conditions of the Invitation to Bid or Request for Proposal.
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D. If injunctive relief is granted, the court, upon request of the public body, shall require the posting of
reasonable security to protect the public body.
E. A contractor may bring an action involving a contract dispute with a public body in the appropriate
circuit court. Notwithstanding any other provision of law, the Comptroller shall not be named as a
defendant in any action brought pursuant to this chapter or § 33.1-387, except for disputes involving
contracts of the Office of the Comptroller or the Department of Accounts.
F. A bidder, offeror or contractor need not utilize administrative procedures meeting the standards of §
2.2-4365, if available, but if those procedures are invol(ed by the bidder, offeror or contractor, the
procedures shall be exhausted prior to instituting legal action concerning the same procurement
transaction unless the public body agrees otherwise.
G. Nothing herein shall be construed to prevent a public body from instituting legal action against a
contractor.
(1982,c. 647, § 11-70; 1985,c. 164; 1994,c.918; 1995,c. 527; 1997,c. 864; 1998,cc.205, 753; 1999,
c. 1008; 2001, c. 844.)
§ 2.2-4365. Administrative appeals procedure.
A. A public body may establish an administrative procedure for hearing (i) protests of a decision to
award or an award, (ii) appeals from refusals to allow withdrawal of bids, (iii) appeals from
disqualifications and determinations of non responsibility, and (iv) appeals from decisions on disputes
arising during the performance of a contract, or (v) any of these. Such administrative procedure shall
provide for a hearing before a disinterested person or panel, the opportunity to present pertinent
information and the issuance of a written decision containing findings of fact. The disinterested person
or panel shall not be an employee of the governmental entity against whom the claim has been filed. The
findings of fact shall be final and conclusive and shall not be set aside unless the same are (a) fraudulent,
arbitrary or capricious; (b) so grossly erroneous as to imply bad faith; or (c) in the case of denial of
prequalification, the findings were not based upon the criteria for denial of prequalification set forth in
subsection B of § 2.2-4317 . No determination on an issue of law shall be final if appropriate legal action
is instituted in a timely manner.
B. Any party to the administrative procedure, including the public body, shall be entitled to institute
judicial review if such action is brought within thirty days of receipt of the written decision.
(1982, c. 647, § 11-71; 1994, cc. 660,918; 2001, c. 844.)
§ 2.2-4366. Alternative dispute resolution.
Public bodies may enter into agreements to submit disputes arising from contracts entered into pursuant
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to this chapter to arbitration and utilize mediation and other alternative dispute resolution procedures.
However, such procedures entered into by the Commonwealth, or any department, institution, division,
commission, board or bureau thereof, shall be nonbinding and subject to § 2.2-514, as applicable.
Alternative dispute resolution procedures entered into by school boards shall be nonbinding.
(1995, c. 760, § 11-71.1; 2001, c. 844.)
§ 2.2-4367. Purpose.
The provisions of this article supplement, but shall not supersede, other provisions of law including, but
not limited to, the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.), the
Virginia Governmental Frauds Act (§ 18.2-498.1 et seq.), and Articles 2 (§ 18.2-438 et seq.) and 3 (§
18.2-446 et seq.) of Chapter 10 of Title 18.2.
The provisions of this article shall apply notwithstanding the fact that the conduct described may not
constitute a violation of the State and Local Government Conflict of Interests Act.
(1982, c. 647, § 11-72; 1987, Sp. Sess., c. 1; 2001, c. 844.)
§ 2.2-4368. Definitions.
As used in this article:
"Immediate family" means a spouse, children, parents, brothers and sisters, and any other person living
in the same household as the employee.
"Official responsibility" means administrative or operating authority, whether intermediate or final, to
initiate, approve, disapprove or otherwise affect a procurement transaction, or any claim resulting
therefrom.
"Pecuniary interest arising from the procurement" means a personal interest in a contract as defined in
the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.).
"Procurement transaction" means all functions that pertain to the obtaining of any goods, services or
construction, including description of requirements, selection and solicitation of sources, preparation and
award of contract, and all phases of contract administration.
"Public employee" means any person employed by a public body, including elected officials or
appointed members of governing bodies.
(1982, c. 647, § 11-73; 1987, Sp. Sess., c. 1; 2001, c. 844.)
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§ 2.2-4369. Proscribed participation by public employees in procurement transactions.
Except as may be specifically allowed by subdivisions A 2, 3 and 4 of § 2.2-3112, no public employee
having official responsibility for a procurement transaction shall participate in that transaction on behalf
of the public body when the employee l(nows that:
1. The employee is contemporaneously employed by a bidder, offeror or contractor involved in the
procurement transaction;
2. The employee, the employee's partner, or any member of the employee's immediate family holds a
position with a bidder, offeror or contractor such as an officer, director, trustee, partner or the lil(e, or is
employed in a capacity involving personal and substantial participation in the procurement transaction,
or owns or controls an interest of more than five percent;
3. The employee, the employee's partner, or any member of the employee's immediate family has a
pecuniary interest arising from the procurement transaction; or
4. The employee, the employee's partner, or any member of the employee's immediate family is
negotiating, or has an arrangement concerning, prospective employment with a bidder, offeror or
contractor.
(1982, c. 647, § 11-74; 1985, c. 565; 1987, Sp. Sess., c. 1; 1997, c. 83; 2001, c. 844; 2003, c. 694.)
§ 2.2-4370. Disclosure of subsequent employment.
No public employee or former public employee having official responsibility for procurement
transactions shall accept employment with any bidder, offeror or contractor with whom the employee or
former employee dealt in an official capacity concerning procurement transactions for a period of one
year from the cessation of employment by the public body unless the employee or former employee
provides written notification to the public body, or a public official if designated by the public body, or
both, prior to commencement of employment by that bidder, offeror or contractor.
(1982, c. 647, § 11-76; 2001, c. 844.)
§ 2.2-4371. Prohibition on solicitation or acceptance of gifts; gifts by bidders, offerors, contractor or
subcontractors prohibited.
A. No public employee having official responsibility for a procurement transaction shall solicit, demand,
accept, or agree to accept from a bidder, offeror, contractor or subcontractor any payment, loan,
subscription, advance, deposit of money, services or anything of more than nominal or minimal value,
present or promised, unless consideration of substantially equal or greater value is exchanged. The
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public body may recover the value of anything conveyed in violation of this subsection.
B. No bidder, offeror, contractor or subcontractor shall confer upon any public employee having official
responsibility for a procurement transaction any payment, loan, subscription, advance, deposit of money,
services or anything of more than nominal value, present or promised, unless consideration of
substantially equal or greater value is exchanged.
(1982, c. 647, §§ 11-75,11-77; 2001, c. 844.)
§ 2.2-4372. Kicl(bacl(s.
A. No contractor or subcontractor shall demand or receive from any of his suppliers or his
subcontractors, as an inducement for the award of a subcontract or order, any payment, loan,
subscription, advance, deposit of money, services or anything, present or promised, unless consideration
of substantially equal or greater value is exchanged.
B. No subcontractor or supplier shall mal(e, or offer to mal(e, l(icl(bacl(s as described in this section.
c. No person shall demand or receive any payment, loan, subscription, advance, deposit of money,
services or anything of value in return for an agreement not to compete on a public contract.
D. If a subcontractor or supplier mal(es a l(icl(bacl( or other prohibited payment as described in this
section, the amount thereof shall be conclusively presumed to have been included in the price of the
subcontract or order and ultimately borne by the public body and shall be recoverable from both the
mal(er and recipient. Recovery from one offending party shall not preclude recovery from other
offending parties.
(1982, c. 647, § 11-78; 2001, c. 844.)
§ 2.2-4373. Participation in bid preparation; limitation on submitting bid for same procurement.
No person who, for compensation, prepares an invitation to bid or request for proposal for or on behalf
of a public body shall (i) submit a bid or proposal for that procurement or any portion thereof or (ii)
disclose to any bidder or offeror information concerning the procurement that is not available to the
public. However, a public body may permit such person to submit a bid or proposal for that procurement
or any portion thereof if the public body determines that the exclusion of the person would limit the
number of potential qualified bidders or offerors in a manner contrary to the best interests of the public
body.
(1997, c. 68, § 11-78.1; 2001, c. 844.)
§ 2.2-4374. Purchase of building materials, etc., from architect or engineer prohibited.
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A. No building materials, supplies or equipment for any building or structure constructed by or for a
public body shall be sold by or purchased from any person employed as an independent contractor by
the public body to furnish architectural or engineering services, but not construction, for such building or
structure or from any partnership, association or corporation in which such architect or engineer has a
personal interest as defined in § 2.2-3101.
B. No building materials, supplies or equipment for any building or structure constructed by or for a
public body shall be sold by or purchased from any person who has provided or is currently providing
design services specifying a sole source for such materials, supplies or equipment to be used in the
building or structure to the independent contractor employed by the public body to furnish architectural
or engineering services in which such person has a personal interest as defined in § 2.2-31 0 1.
C. The provisions of subsections A and B shall not apply in cases of emergency or for transportation-
related projects conducted by the Department of Transportation or the Virginia Port Authority.
(1982, c. 647, § 11-79; 1993, c. 202; 1994, c. 882; 1996, c. 827; 2001, c. 844.)
§ 2.2-4375. Certification of compliance required; penalty for false statements.
A. Public bodies may require public employees having official responsibility for procurement
transactions in which they participated to annually submit for such transactions a written certification
that they complied with the provisions of this article.
B. Any public employee required to submit a certification as provided in subsection A who l(nowingly
mal(es a false statement in the certification shall be punished as provided in § 2.2-4377.
(1992, c. 761, § 11-79.1; 2001, c. 844.)
§ 2.2-4376. Misrepresentations prohibited.
No public employee having official responsibility for a procurement transaction shalll(nowingly falsify,
conceal, or misrepresent a material fact; l(nowingly mal(e any false, fictitious or fraudulent statements or
representations; or mal(e or use any false writing or document l(nowing it to contain any false, fictitious
or fraudulent statement or entry.
(1992, c. 761, § 11-79.2; 2001, c. 844.)
§ 2.2-4377. Penalty for violation.
Any person convicted of a willful violation of any provision of this article shall be guilty of a Class 1
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misdemeanor. Upon conviction, any public employee, in addition to any other fine or penalty provided
by law, shall forfeit his employment.
(1982, c. 647, § 11-80; 2001, c. 844.)
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Q
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, JUNE 14,2005
RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2~2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies, and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.