12/14/1982 - Regular
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Ave., S.W.
Roanoke, Virginia
December 14, 1982
The Board of Supervisors of Roanoke County, Virginia, met this
day in open session at the Roanoke County Administration Center, 3738
Brmableton Avenue, S.W., Roanoke this being the second Tuesday and the
second regular meeting of the month of December, 1982.
MEMBERS PRESENT:
Chairman Athena E. Burton and Supervisors May W.
Johnson, Gary J. Minter, Robert E. Myers and Harry C.
Nickens.
MEMBERS ABSENT: None
IN RE:
CALL TO ORDER
Chairman Burton called the meeting to order at 2:15 p.m. for
the Early Session.
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IN RE:
PROCUREMENT MANUAL
Chairman Burton gave a brief synopsis of what had been done
regarding the procurement manual and asked each Supervisor if they had
any additional comments or changes they would I ike to have considered.
Several items were discussed and noted and it was directed that the
manual be redrafted with the noted changes for inclusion in the minutes.
The Supervisors wished it noted in the minutes that it it their intent
that sole source purchased include 1 ibrary books, textbooks, etc., which
items preclude the normal bidding process. Action is to be formally taken
on the manual at the evening session.
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IN RE: EXECUTIVE SESSION
Dr. Nickens moved for an executive session pursuant to the Code
of Virginia Section 2.1-344(a), (6), to discuss a legal matter. The Board
went into executive session at 3:35 p.m.
Motion carried.
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IN RE:
RETURN TO OPEN SESSION
Supervisor Johnson moved to return to open session at 4:45 p.m.
Motion carried.
IN RE:
JOINT MEETING WITH ROANOKE COUNTY SCHOOL BOARD
The Roanoke County School Board then joined the Board of
Supervisors for a joint meeting on the procurement manual. County Attorney
Buchholtz explained that the two procurement manuals were basically the
same with some minor differences to meet the needs of each Board. Mr.
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John Chambl iss, Mr. Homer Duff and Mr. James Buchholtz were commended for
their work in preparing and coordinating the policies.
IN RE:
COUNTY'S INSURANCE POLICIES AND PLANS
Mr. John Chambliss, Superintendent of the Department of Fiscal
Management, presented a report on proposals received for an insurance
consultant to review the County1s insurance pol icies and plans. After
discussion by both the Board of Supervisors and the School Board, motion
was made by Supervisor Myers that a committee be establ ished from County
Board members, including Mr. John Chambl iss, to meet with representatives of
the School Board to evaluate the proposals and submit a report to the Board
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at the January 11 meeting. Motion carried.
Supervisor Myers and Supervisor Minter were appointed by the
Chairman to meet along with Mr. Chambl iss at a regular called meeting with
School Board appointees to develop a report.
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IN RE:
DATA PROCESSING CENTER
Mr. Bayes Wilson, Superintendent of the Roanoke County Schools,
reported that the cost estimate for remodel ing of the Data Processing Center
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will be about $12,500.00. He stated he would take funds from the Emergency
Repairs Fund and report back to the County Board regarding bids received
for this remodeling.
IN RE:
RECESS
Motion was made by Supervisor Nickens to recess for dinner at
5:40 p.m. Motion carried.
IN RE: CALL TO ORDER
Chairman Burton called the regular meeting to order at 7:04 p.m.,
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stating that the Board had convened at 2:00 p.m. to complete work sessions
and meet with the Roanoke County School Board.
MEMBERS PRESENT'
Chairman Athena E. Burton, Supervisors May W. Johnson,
Robert E. Myers, Gary J. Minter and Harry C. Nickens
MEMBERS ABSENT: None
IN RE:
INVOCATION AND PLEDGE OF ALLEGIANCE
Chairman Burton recognized the Reverend Will iam C. Eicher, who
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offered the invocation. The pledge of allegiance to the Flag was then
recited in unison by all present.
IN RE:
INFORMATION ITEMS
On motion by Supervisor Nickens and carried by a unanimous voice
vote, it was approved that the following information items be received
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and f i 1 ed :
1. Letter from Chip Woodrum thanking the County Administrator
for the use of the Roanoke County Administration Center
Community Room for a meeting held November 20, 1982.
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2. Two letters from State Department of Highways and Trans-
portation advising of additions to the Secondary System
of Roanoke County, effective December 1, 1982.
3. Notice of an award from the U. S. Department of Justice -
Office of Juvenile Justice and Del inquency Prevention to
the Roanoke County Sheriff's Department1s Youth and Family
Services Bureau.
IN RE:
PUBLIC HEARINGS
APPLICATION OF SUSAN P. WELLS FOR A SPECIAL EXCEPTION*
TO PLACE A MOBILE HOME ON AN APPROXIMATELY 3 ACRE *
TRACT LOCATED ON THE NORTHWEST SIDE OF STATE ROUTE * APPROVED
680 AND 0.5 MILES EAST OF STATE ROUTE 777 IN THE *
CATAWBA MAGISTERIAL DISTRICT. *
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On motion by Supervisor Myers and carried by the following recordec
vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton.
NAYS:
None
REQUEST OF MICHAEL CUSTER FOR A SPECIAL EXCEPTION *
TO PLACE A MOBILE HOME ON A 5 ACRE TRACT LOCATED ON *
THE NORTH SIDE OF STATE ROUTE 624 (NEWPORT ROAD) * APPROVED
APPROXIMATELY 1.5 MILES WEST OF STATE ROUTE 311 IN *
THE CATAWBA MAGISTERIAL DISTRICT.
On motion by Supervisor Myers and carried by the following
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recorded vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers, and Burton
NAYS:
None
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REQUEST OF ROBERT F. AND lVA W. LIPTRAP FOR A SPECIAL *
EXCEPTION TO PLACE A MOBILE HOME ON A ONE ACRE TRACT *
WITH AN EXISTING DWELLING THAT WILL BE OCCUPIED BY *
ROBERT L. AND EILEEN NICHOLS, LOCATED ON THE WEST SIDE *
OF STATE ROUTE 740 APPROXIMATELY 0.5 MILES NORTHEAST *
OF STATE ROUTE 311 IN THE CATAWBA MAGISTERIAL DISTRICT.*
APPROVED
On motion by Supervisor Myers and carried by the following
recorded vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
NAYS:
None
REQUEST OF GLEN E. BOTTS FOR A SPECIAL EXCEPTION TO *
PLACE A MOBILE HOME ON A ONE ACRE TRACT LOCATED ON THE *
EAST SIDE OF STATE ROUTE 740 APPROXIMATELY 900 FEET * CONTINUEC
NORTHEAST OF STATE ROUTE 311 IN THE CATAWBA DISTRICT. *
Mrs. Ruby Dowdy, Route 5, Box 129, Salem voiced opposition to this
mobile home being placed on the property located across from her residence.
She stated there were old buildings, additions to buildings, and trailers
there now that were an eyesore.
On motion by Supervisor Myers and carried by the following
recorded vote, it was approved that this matter be carried over until the
Jnauary 11, 1983, meeting. Meantime, Mr. Myers will check into the
situation.
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
NAYS:
None
REQUEST OF AWARDS & TROPHY COMPANY OF VIRGINIA, TRADING *
AS VIDEO VILLAGE, TO RENEW A SPECIAL EXCEPTION UNDER
SECTION 21-67(6) OF THE ZONING ORDINANCE TO ALLOW THE
OPERATION OF AN ELECTRONIC GAME ROOM AT 7214 WILLIAMSON *
ROAD IN THE MARKET SQUARE NORTH SHOPPING CENTER IN THE
HOLLINS MAGISTERIAL DISTRICT.
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FOR 3 MOC .
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Mr. Tom John representing Awards and Trophy Company of Virginia
was present.
Mr. David Smith, who is employed by Eckard Drug Company, which is
located next to the game room, voiced opposition to having the game room
continue its operation. Mr. Smith stated this was a congregating place
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for young peop 1 e who caused disturbances, used fou 1 1 anguage and di sturbed I:
the surrounding property. 1.1_
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On motion by Supervisor Minter and carried by the following roll
call vote, the permit was granted for the operation of Video Village for
3 months (starting 12-15-82) and that Mr. Johnson retain a deputy sheriff
to be on the premises on Friday and Saturday nights until closing time at
11 :00 p.m.
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AYES:
Supervisors Minter, Johnson, Nickens, Myers, Burton
NAYS:
None
REQUEST OF SILVER ENCOUNTERS LTD. TRADING AS SILVER
ODYSSEY TO RENEW A SPECIAL EXCEPTION UNDER SECTION 21- *
67 (6) OF THE ZONING ORDINANCE TO ALLOW THE OPERATION
OF AN ELECTRONIC GAME ROOM IN THE CAVE SPRING CORNERS
SHOPPING CENTER IN THE WINDSOR HILLS MAGISTERIAL DIST. *
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On motion by Supervisor Johnson and carried by the following roll
call vote, approval was granted to renew permit for one year for the
operation of Silver Odyssey, an electronic game room. An attendant is
to be on duty at this establ ishment during hours of operation and the closinc
time is to be at 11 :00 p.m.
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AYES:
Supervisors Minter, Johnson, Nickens, Myers, and Burton.
NAYS:
None
REQUEST OF MRI TANGLEWOOD RENTAL INVESTMENTS, INC. FOR *
A SPECIAL EXCEPTION UNDER SECTION 21-67(6) OF THE * APPROVED
ZONING ORDINANCE TO ALLOW THE OPERATION OF AN ELECTRON-* FOR 3 MOS
IC GAME ROOM AT 4001 AVENHAM AVENUE, SW IN TANGLEWOOD * WITH CONDI
MALL IN THE CAVE SPRING MAGISTERIAL DISTRICT. * TIONS.
Mr. Jake Repass, representing MRI Tanglewood Rental, was present
to support the appl ication. It was noted that this game room had been in
operation earl ier, but was closed by the Department of Development of
Roanoke County on December 13, 1982.
Mr. Webster Day, attorney, was present on behalf of 'ITime Out",
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an electronic game room in operation at Tanglewood Mall. Mr. Day's cl ients
feel that MRI Tanglewood Rental should have to follow the same procedures
and operate under the same standards as "Time Out". The Board concurred
that the following guidel ines should be observed during hours of operation
of the game room:
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There should not be any loud noise.
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-No one under 16 years of age should be allowed on premises
during school hours. There should be a sign to this effect.
-There should be no loitering on premises; an attendant should
be on duty.
-Game room should have adequate lighting, but be properly equipped
with lighting suitable for the games.
-Front of game room should not be fully enclosed.
-There should be no smoking, drinking, or food allowed in the game
room.
Mr. Jake Repass readily agreed to the terms above and that he
would removed the pool tables that were now in the game room. He stated
they had opened earl ier and would 1 ike to remain open to generate business
in the upper area of Tanglewood Mall.
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On motion by Supervisor Johnson and carried by the
roll call vote, a special exception permit was granted for 3
the pool tables were removed and the operating hours would be the same as
the stores in the Mall.
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
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NAYS:
None
IN RE:
SUBDIVISION ORDINANCE
Supervisor Johnson moved for adoption of the following prepared
ordinance:
ORDINANCE NO. 3335 AMENDING CHAPTER 17. SUBDIVISIONS
OF THE ROANOKE COUNTY CODE BY THE ADDITION OF A NEW
SECTION NUMBERED 17-23 AND ENTITLED VACATION OF PLATS
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That Chapter 17. Subdivisions of the Roanoke County Code
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be amended by the addition of a new section numbered 17-23 and entitled
Vacation of plats to read and provide as follows:
Chapter 17.
Subdivisions.
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Article IV. Improvements.
Sec. 17-23. Vacation of plats.
(a) Any plat recordation or part thereof, having been recorded,
maybe vacated in accordance with the provisions of the Code of Virginia.
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(b) The boundary 1 ines of any lot or parcel of land may be
relocated or otherwise altered as a part of an otherwise val id and
properly recorded plat of subdivision or resubdivision approved by the
agent and executed by the owner or owners of such land with their free
will and consent. Such action of approval shall not involve the relocation
or alteration of streets, alleys, easements for publ ic passage or other
publ ic areas; and provided further, that no easements or uti1 ity rights-
of-way shall be relocated or altered without the express consent of all
persons holding any interest therein.
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Adopted by the following roll call vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
NAYS:
None
REQUEST OF REGION PROPERTIES FOR REZONING FROM R-l TO
R-3 OF A PARCEL OF LAND IN THE CAVE SPRING MAGISTERIAL *
DISTRICT.
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APPROVED
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COND IT I ON<
Mr. James Douthat and Mr. Buford Lumsden, representing Region
Properties, Inc requested that the County Zoning Ordinance be amended in
order that certain residential property be classified as Residential
District R-3 for the construction of Townhouses.
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The tract of land to be rezoned is located in the Cave Spring
District of Roanoke County in the Penn Forest Subdivision area. Residents
of the area have voiced no opposition to the rezoning or construction of
the townhouses. The townhouses will be in the $80,000 to $100,000 price
range and will be for sale, not for rent. The roadway will be constructed
by the developer and will not be maintained by the State Highway Department.
The Board commended Mr. Douthat and Mr. Lumsden for the time and
hard work they had put into this project and for such an in-depth presentatic
On motion by Supervisor Johnson the following Final Order was
approved.
FINAL ORDER
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NOW, THEREFORE, BE IT RESOLVED and ORDERED that at this meeting of the
Board of Supervisors of Roanoke County, Virginia, held on the 14th day of
December, 1982, the said County Zoning Ordinance be, and the same is hereby
amended so as to reclassify the property described in said petition from
Residential District R-l to Residential District R-3, in order that said
property might be more fully and reasonably used, the said property being
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located in the County of Roanoke, State of Virginia, and more particularly
described below, and said zoning being subject to the following conditions:
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BEGINNING at corner 1, the northwest corner of Lot 22
Block RR, Section 15, Penn Forest (P.B. 9, Page 139);
thence with five (5) new division 1 ines through the
property of Region Properties, Inc. (D.B. 1116, Page 440)
N. 42 deg. 23' 10" W. 528.55 feet to corner 2; thence N. 3 deg.
28' 00" E. 309.26 feet to corner 3; thence N. 89 deg. 39' 41"
E. 1013.89 feet to corner 4; thence S. 17 deg. 251 00" E.
392.40 feet to corner 5; thence partly with the new division
1 ine and partly with Lot 30, Block RR, Section 15, Penn
Forest, S. 34 deg. 181 361' W. 222.82 feet to corner 6, a common
corner to Lots 29 and 30, Block RR, Section 15, Penn
Forest; thence with the 1 ines of Block RR, Section 15,
Penn Forest; S. 62 deg. 511 30" W. 292.03 feet to corner 7;
thence S. 77 deg. 32' W. 118.03 to corner 8; thence N. 85 deg.
08' 21" W. 150.61 feet to corner 9; thence S. 89 deg. 43' 22"
W. 142.92 feet to the point of BEGINNING, containing 15.225
acres, as more particularly shown on plat prepared by
Buford T. Lumsden & Associates, P.C., Certified Land
Surveyors, Roanoke, Virginia, dated October 13, 1981.
PROFFERED CONDITIONS
a. A Total of no more than thirty-six (36) townhomes will be
constructed and sold with fee simple title passing to the purchaser.
b. The design theme of the townhome development will be traditional.
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Exterior materials shall be brick and frame, with all concrete foundations
covered with brick.
c. Single story townhomes will have a minimum of 1200 square feet
of finished living area. Two story townhomes shall have a minimum of 1500
square feet of finished living area.
d. All common areas shall be owned and maintained by a homeowners
association.
e. No auxil iary outbuildings such as sheds or storage buildings will
be allowed in the area sought to be rezoned.
f. No swimming pools will be constructed in the area sought to be
rezoned.
g. An eighty five (85) foot strip of land behind Lots 26, 27, 28, 29
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and 30, Block RR, Section 15, Penn Forest shall not contain tennis courts,
auxil iary buildings or parking facilities and shall remain in a natural
state.
BE IT FURTHER RESOLVED and ORDERED that the Clerk of this Board shall
forthwith certify a copy of this resolution and order to the Secretary of
the Planning Commission of Roanoke County, Virginia, and a copy to Hazle-
grove, Dickinson, Rea, Smeltzer & Brown, attorneys for the Petitioner.
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Adopted by the fo1 lowing roll call vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers, and Burton
NAYS:
None
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REQUEST OF SALEM CABLE TV COMPANY FOR A MONTHLY RATE
INCREASE PURSUAUT TO THE PROVISIONS OF THE CABLE TV
FRANCHISE ORDINANCE.
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On motion by Supervisor Minter and carried by the following
recorded vote, the pub1 ic hearing on the request of Salem Cable TV for
rate re1 ief was carried over until a future meeting when additional
information desired by the Board would be available.
AYES:
Supervisors Minter, Johnson, Nickens, Myers, and Burton.
NAYS:
None
ORDINANCE AMENDING CHAPTER 8.2 FIRE PROTECTION OF THE *
ROANOKE COUNTY CODE BY THE ADOPTION OF A NEW SECTION *
NUMBERED 8.2-2 ENTITLED PARTICIPATION IN VOLUNTEER * APPROVED
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FIRE COMPANY ACITIVITIES. *
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Supervisor Nickens moved for adoption of the following prepared
resolution:
ORDINANCE NO. 3336 AMENDING CHAPTER 8.2. FIRE PROTECTION OF
THE ROANOKE COUNTY CODE BY THE ADDITION OF A NEW SECTION
NUMBERED 8.2-2 ENTITLED PARTICIPATION IN VOLUNTEER FIRE
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COMPANY ACTIVITIES
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the Roanoke County Code be, and hereby is, amended by the
adoption of a new section to be numbered Section 8.2-2 entitled Participatio
in volunteer fire company activities to read and provide as follows:
CHAPTER 8.2.
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Fire Protection.
Article I. In General.
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Sec. 8.2-2. Participation in volunteer fire company activities.
Pursuant to the authority of Section 40.1-79.1 of the 1950 Code of
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Virginia, as amended, the county hereby authorizes any person sixteen
years of age or older, with parental or guardian approval, to work with
or participate fully in all activities of a volunteer fire company,
provided such person has attained certification under National Fire
Protection Association 1001, level one, fire fighter standards, as
administered by the Department of Fire Programs. Any trainer or in-
structor of such persons mentioned above or any member of a paid or
volunteer fire company who supervises any such person at the scene of
any emergency shall be exempt from the provisions of Section 40.1-103.
Adopted by the following roll call vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers, and Burton
NAYS:
None
AMENDING SECTION 19-6(b) OF THE ROANOKE COUNTY CODE *
INTEREST ON PERSONAL PROPERTY SHALL ACCUMULATE FROM *
AND AFTER JULY 1 AND THE INTEREST RATE APPLICABLE TO *
REAL ESTATE AND PERSONAL PROPERTY SHALL BE COMPUTED * APPROVED
IN THE MANNER SET FORTH IN SECTION 58-847 OF THE 1950 *
CODE OF VIRGINIA, AS AMENDED. *
Supervisor Minter moved for the adoption of the following prepared
ordinance:
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ORDINANCE NO. 3337 AMENDING SECTION 19-6. PENALTIES WHEN
COUNTY REAL ESTATE TAXES OR TANGIBLE PERSONAL PROPERTY TAX
NOT PAID ON TIME OF CHAPTER 19. TAXATION OF THE ROANOKE---
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COUNTY CODE TO PROVIDE FOR A RATE OF INTEREST CHARGED BY THE
COUNTY ON DELINQUENT TAXES, AND PROVIDING THE DATE FROM AND
AFTER WHICH INTEREST SHALL ACCRUE ON DELINQUENT PERSONAL
PROPERTY TAXES
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That Section 19-6 be amended to read and provide as follows:
CHAPTER 19.
Taxation.
Sec. 19-6. Penalties when county real estate taxes or tangible
personal property tax not paid on time.
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(b) In the event any installment of taxes on real estate is not
paid on or before the date the same is due and payable, as set forth in
the preceding sections, interest at the rate of ten percent per annum
commencing on January first of the next year following that for which
such taxes are assessed shall be assessed and collected on the principal
of and penalties on all taxes assessed by the county on real estate for
the 1982 tax year and each tax year following, remaining unpaid on the
thirty-first day of December of the year in which such taxes were assessed
or due to have been assessed.
In the event any installment of taxes on tangible personal
property is not paid on or before the date of same is due and payable,
as set forth in the preceding sections, interest at the rate of ten
percent per annum commencing on July first of the year for which such
taxes are assessed shall be assessed and collected on the principal of
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and penalties on all taxes assessed by the County on tangible personal
property for the 1983 tax year and each tax year following, remaining
unpaid on the thirtieth day of June of the year in which such taxes were
assessed or due to have been assessed, and until paid.
From and after January 1, 1983, interest at the rate computed and
authorized as made and provided by Section 58-847 of the 1950 Code of
Virginia, as amended, shall be collected upon the principal and penalties
of all such tangible personal property and real estate taxes then remaining
unpaid on the date fixed by general law for the payment of such taxes.
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Adopted by the following roll call vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
NAYS:
None
IN RE:
REPORTS OF OFFICERS, DEPARTMENTS AND COMMITTEES
DEPARTMENT OF FISCAL MANAGEMENT
Mr. John M. Chamboiss, Jr. presented a report to the Board
regarding a proposed rate increase in the water and sewer charges.
Mr. Chambliss noted that the County was not trying to build up a
surplus of money, but would maintain a balanced budget with the proposed
rate increase. With the proposed rate increase the County would not be
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making a profit.
Mr. Chambl iss also noted that other util ities had passed their
rate increases on to the County, such as Appalachian Power Company, and the
City of Roanoke. The County has not had an adjustment (increase), in the
utility rates since April, 1980.
The following County residents spoke in opposition to the increase
in water and sewer rates. Some of the residents were opposed to the use of
tax monies for water and sewer services since they did not use these service~
Some County residents do not have water and sewer lines in their area, or
may not want to be connected to these 1 ines even though service is available.
Other opposition was due to the basis for water rate increase.
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A family of 2 using less than 6,000 gallons would be charged the same as a
family of 4 or more using 6,000.
Citizens opposed:
Mr. John G. Hull, Route 1, Box 50, Salem, Virginia
Mr. Robert Anderson, 6010 Ponderosa Circle, S.W., Roanoke
Mr. T. M. \4hite, P. O. Bm< 7111, Hollins, Virginia
Mr. Edward J. Siemon, 3020 Lofton R03d, S.W., Roanoke
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Supervisor Johnson moved for the adoption of the following
prepared ordinance:
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ORDINANCE NO. 3338 AMENDING SECTION 20.1-27 RATES OF CHAPTER
20.1 WATER OF THE ROANOKE COUNTY CODE AND PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That Chapter 20.1 Water of the Roanoke County Code be, and
hereby is, amended by amending Section 20.1-27. Rates to read and provide
as fo 11 ows:
CHAPTER 20.1.
Water.
Article I J. Water Systems.
Division 2. County Water System.
Sec. 20.1-27. Rates.
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The following rates and charges for water service shall apply where
water service is provided by the County:
(a)
BASE RATE
$ 6. II
per
month per equivalent
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VOLUME CHARGE
$
.68
per thousand gallons
No bill shall be rendered for less than $ 6. II per month. Residential
accounts are payable quarterly, and commercial and industrial accounts
are payable monthly, all bills being due and payable thirty (30) days
from date of bill.
As used herein the term equivalent connection shall be determined
by water meter size based on the following table, to-wit:
Water Meter Size - Inches
Equivalent Connections
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5/8
3/4
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2
3
4
6
8
10
12
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5
10
20
35
60
125
200
360
500
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2. That this Ordinance shall be in full force and effect from and
after January I, 1983.
Adopted by the following roll call vote:
AYES:
Supervisors Minter, Johnson, Nickens, Burton
NAYS:
Supervisor Myers
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Supervisor Myers moved for adoption of the following prepared
ordinance:
ORDINANCE NO. 3339 AMENDING CHAPTER 16. SEWERS AND SEWAGE
DISPOSAL OF THE ROANOKE COUNTY CODE BY ADDING A NEW ARTICLE TO
CHAPTER 16 TO BE NUMBERED AND ENT ITLED ART! CLE IV. SEWAGE
DISPOSAL RATES AND CHARGES AND PROVIDING FOR AN EFFECTIVE DATE
OF THIS ORDINAN~
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BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That Chapter 16. Sewers and Sewage Disposal of the Roanoke
County Code be, and hereby is, amended by adding Article IV. Sewage
Disposal Rates and Charges to read and provide as follows:
CHAPTER 16.
Sewers and Sewage Disposal.
Article IV. Sewage Disposal Rates and Charges.
Sec. 16-41. Rates.
The following rates and charges for sewage disposal service apply
where sewage disposal service is provided by the County and metered
water service is util ized:
(a) BASE RATE
$ 6.74 per month per equivalent
connection
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VOLUME CHARGE
$
.74 per thousand gallons
As used herein the term equivalent connection shall be determined
by water meter size based on the following table, to-wit:
Water Meter Size - Inches Equivalent Connections
5/8 1
3/4 2
1 5
H 10
2 20
3 35
4 60
6 125
8 200
10 360
12 500
Sec. 16-lf2. Same.
The following rates and charges for sewage disposal service shall
apply where sewage disposal service is provided by the County and unmetered
water service is util ized:
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BASE RATE
Residential $ 5.86 per month
Commercial 5x residential rate or $29.30 per month
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VOLUME CHARGE
Residential $ 4.44 per 100 gallons based or
average residential use
@ 6,000 gallons per mond
Commercial 5x residential rate or $ 22.20 per 1,000 gallons
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Sec. 16-43. Minimum bill ing and payment of bills.
No bill shall be rendered for less than $ 5.86 per month.
Residential accounts are payable quarterly, and commercial and industrial
accounts are payable monthly, all bills being due and payable thirty
(30) days from date of bill.
2. That this Ordinance shall be in full force and effect from and
after January 1, 1983.
Adopted by the following roll call vote:
AYES:
Supervisors Johnson, Nickens, Myers and Burton
NAYS:
Supervisor Minter
Supervisor Nickens moved for adoption of the following prepared
ordinance:
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ORDINANCE NO. 3340 AMENDING CHAPTER 9.1. LICENSES OF THE
ROANOKE COUNTY CODE BY REPEALING THOSE SECTIONS SETTING FORTH
SPECIFIC FEES AND CHARGES AND ADOPTING INSTEAD THEREOF A NEW
SECTION TO BE NUMBERED 9.1-50 ENTITLED FEES AND CHARGES -
AUTHORITY TO LEVY
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That Chapter 9.1. Licenses of the Roanoke County Code be amended
by repeal ing those sections setting forth specific fees and charges and
adopting instead thereof a new section to be numbered 9.1-50 entitled
Fees and Charges - Authority ~ Levy to read and provide as follows:
Article V. Business, Professions, Trades and
Occupations.
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Sec. 9.1-50. Fees and charges - authority to levy.
(a) The Board of Supervisors of Roanoke County shall from time to
time impose and levy upon each and every business, occupation, or
profession hereinabove set forth rates, fees, and charges for engaging
in such business, occupation, or profession in Roanoke County, by
resolution of the Board duly adopted.
(b) All rates, fees, and charges heretofore imposed by the Board
of Supervisors in any of the preceeding sections of this chapter are
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hereby repealed effective at midnight, December 31, 1982.
This amendment to take effect at midnight, December 31, 1982.
Adopted by the following roll call vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
NAYS:
None
Supervisor Johnson moved for adoption of the following prepared
resolution:
RESOLUTION NO. 3341 LEVYING CERTAIN BUSINESS LICENSE TAXES
BY ESTABLISHING THE RATES, FEES, AND CHARGES TO BE PAID AND
COLLECTED FOR THE PRIVILEGE OF ENGAGING IN A BUSINESS, OCCUPA-
TION, OR PROFESSION IN THE COUNTY OF ROANOKE, VIRGINIA
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
I. That there be, and hereby is, levied and imposed upon each and
every person, firm, corporation, partnership or other legal entity
transacting business or engaging in an occupation or profession in the
County an annual 1 icense tax for the privilege of transacting such
business or engaging in such occupation or profession; and
2. That the rates, fees, and charges to be paid by each such
business, occupation, or profession shall be as follows, to-wit:
a) Reta i 1 Merchant .16 per $100
b) Wholesale Merchant no change in existing rate
c) Contractor .16<: per $100
d) Business Service .25<: per $100
e) Personal Service .25<: per $100
f) Professional Service .25<: per $100
g) Commission Merchant .36<: per $100
h) Savings & Loan (main off ice) $50 per year
i ) Itinerant Merchant $50 per year
j) Peddler $50 per year
k) Carnival & circus $250 per day
I ) Fortune tellers $1000 per year
m) Massage parlors $5000 per year
n) Shows & Sales $30 per show
(can only be 3 days in length)
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Sol icitors
$30 per year per person
p) Auto graveyards .16c per 100
(taxed at retail only - drop flat fee)
q)
Coin operated amusement
machines
r) Alcohol ic beverage fees:
1) Wholesale distributor -
beer
2) Wholesale distributor -
WI NE
3) Beer - on
4) Beer - off
5) Beer and wine - on
6) Beer and wi ne - off
Mixed beverages:
seating 50 - 100
101 - 150
151 plus
Private club
Repair service
3. In any event for the privi lege of
$190 in addition to gross
receipts
(.16c per $100)
$100 per year
$100 per year
$50 per year
$50 per year
$75 per year
$75 per year
$200 plus gross receipts
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$350 plus gross receipts I
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$500 plus gross receipts i
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$350 plus gross receipts I
$ 25 plus gross receipts i
engaging in any business, occupatifn,
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trade or profession in Roanoke County there shall be a minimum 1 icense
fee of $30.00.
Adopted by the following roll call vote:
AYES:
Supervisors Minter, Johnson, Burton
NAYS: Supervisor Nickens
ABSTAINED: Supervisor Myers
IN RE:
MENTAL HEALTH SERVICES
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Chairman Burton then called on Mrs. Jo Wirth, associated with
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the Mental Health Services, who presented a report. The report was
received and filed with the minutes of this meeting.
IN RE:
FIFTH PLANNING COMMISSION
On motion by Supervisor Minter and carried by the following
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recorded vote, the County Attorney was directed to prepare the necessary
resolution to request assistance from the Fifth Planning Commission for
preparation in up-dating the zoning ordinance. This resolution is to be
presented to the Board at a future meeting.
AYES:
Supervisors Minter, Johnson, Nickens, Myers, and Burton.
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NAYS:
None
IN RE:
SPECIAL USE PERMIT
On motion by Supervisor Myers and carried by the following
recorded vote, a Special Use Permit was granted to Edward W. Maxey, Route 6,
Box 140, Salem, permitting him to fill in an area on his property, with
rocks, dirt, cement, asphalt and cover same with dirt. Mr. Maxey intends
to construct a road over these materials. This permit was granted for an
18-month period.
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
NAYS:
None
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IN RE:
PUBLIC FACILITIES
At the request of Supervisor Johnson, the staff researched the
need for a street 1 ight at the entrance of North Cross School on Colonial
Avenue. Mr. John R. Hubbard, Superintendent of the Department of Publ ic
Facil ities, reported the staff had made a visit to the site after dark, and
it is their conclusion that the driveway entrance does not need to be
1 ighted for publ ic purposes. However, the staff will be glad to help the
school pursue alight for private use.
IN RE:
UNCLAIMED PERSONAL PROPERTY
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Supervisor Nickens moved for the adoption of the following
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ORDINANCE NO. 3342 AMENDING THE ROANOKE COUNTY CODE BY THE
ADOPTION OF A CERTAIN NEW ARTICLE OF CHAPTER 2. ADMINISTRATION
TO BE DESIGNATED ARTICLE IV. UNCLAIMED PERSONAL PROPERTY
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the Code of Roanoke County be, and hereby is, amended by
the addition of a new article in Chapter 2. Administration to be designated
Article IV. Unclaimed Personal Property and to read and provide as
follows:
CHAPTER 2.
Administration.
Article IV. Unclaimed Personal Property.
Sec. 2-78. Definition.
As used herein, "unclaimed personal property" shall be any personal
property belonging to another which has been acquired by the Sheriff of
Roanoke County pursuant to his duties, which is not needed in any criminal
prosecution, which has not been claimed by its rightful owner and which
the State Treasurer has indicated will be decl ined if remitted under the
Uniform Disposition of Unclaimed Property Act.
Sec. 2-79. Disposal of unclaimed property in possession of Sheriff.
Any unclaimed personal property which has been in the possession of
the Sheriff of Roanoke County and is unclaimed for a period of more than
sixty days may be disposed of by the Sheriff as hereinafter provided.
Sec. 2-80. Notice and sale.
Prior to the sale of any unclaimed item, the Sheriff or his duly
authorized agents shall make reasonable attempts to notify the rightful
owner of the property, obtain from the Commonwealth's Attorney in
writing a statement advising that the item is not needed in any criminal
prosecution, and cause to be publ ished in a newspaper of general circulation
in the County once a week for two successive weeks, notice that there
will be a publ ic sale of unclaimed personal property. Such property
shall be described generally in the notice, together with the date, time
and place of the sale.
Sec. 2-81. Proceeds of sale.
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The Sheriff or his duly authorized agents shall pay from the proceeds
of sale the costs of advertisement, removal, storage, investigation as
to ownership and I iens, and notice of sale. The balance of the funds
shall be deposited with the Treasurer of Roanoke County for the account
of the Sheriff and paid to the owner upon satisfactory proof of ownership.
Sec. 2-82. Unclaimed proceeds.
If no claim has been made by the owner for the proceeds of such
sale within sixty days of the sale, the remaining funds shall be deposited
in the general fund of the County. Any such owner shall be entitled to
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12-14-82
apply to the County within three years from the date of the sale and, if
timely appl ication is made therefor, the County shall pay the remaining
proceeds of the sale to the owner without interest or other charges.
Sec. 2-83. Claims barred.
No claim shall be made nor any suit, action or proceeding be instituted
for the recovery of such funds after three years from the date of the
sale.
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Adopted by the following roll call vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers, and Burton.
NAYS:
None
Supervisor Minter moved for the adoption of the following
prepared ordinance:
ORDINANCE NO. ~~42 AMENDING ARTICLE V. COUNTY VEHICLE
LICENSES OF CHAPTER 10. MOTOR VEHICLES AND TRAFFIC OF THE
ROANOKE COUNTY CODE
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
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1. That Article V. County Vehicle Licenses of Chapter 10. Motor
Vehicles and Traffic be, and hereby is, amended as follows:
Sec. 10-40. Required; exceptions.
Every motor vehicle and trailer normally garaged, stored or parked
within the county and capable of being operated on the streets, highways,
roads, or other traveled ways in the county, shall be subject to a
1 icense fee as provided in this article. The provisions of this article,
however, shall not be construed to apply to trucks, road rollers, tractors,
engines, locomotive engines, electric cars running on rails, motor
vehicles, trailers or semitrailers owned by the Commonwealth, by any
pol itical subdivision of the Commonwealth or by the United States government
or to vehicles used exclusively for agricultural or horticultural purposes,
or vehicles held for sale by any manufacturer or dealer. Nor shall any
provisions of this article apply to motor vehicles of owners resident in
any incorporated town in the county, which town imposes a 1 icense fee
upon owners and motor vehicles in the town. Nothing in this article
shall be construed to require a license fee on a person or upon any
vehicle exempted from same under the provisions of any of the statutes
of the Commonwealth. It shall be unlawful for any person to so garage,
store or park any such vehicle or trailer in the county or to operate
same on any street, highway, road or other traveled way in the county
without displaying the county 1 icense decal as provided in this article.
Upon conviction for such failure such person shall be subject to such
fine as may be fixed by the court pursuant to Section 46.1-65 (e) of the
1950 Code of Virginia, as amended.
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Adopted by the following roll call vote:
AYES: Supervisors Minter, Johnson, Myers, and Burton
NAYS: None
ABSTAINED: Supervisor Nickens
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IN RE:
BINGO PERMIT
On motion by Supervisor Myers and carried by the following
recorded vote, a permit was granted and fees waived for the Fort Lewis
Rescue Squad Auxil iary to hold bingo games and raffles for the permit year.
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
NAYS: None
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IN RE:
SHERIFF'S DEPARTMENT
Supervisor Minter moved for adoption of the following prepared
resolution:
RESOLUTION NO. 3343 AUTHORIZING THE ROANOKE COUNTY SHERIFF'S
DEPARTMENT TO UTILIZE A PORTION OF THE OLD JAIL STRUCTURE FOR
STORAGE SPACE AND FURTHER AUTHORIZING CERTAIN MODIFICATIONS BE
MADE THEREIN
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the Roanoke County Sheriff's Department be, and hereby is,
authorized to util ize the second floor of the old jail structure for
storage space; and
2. That the offer of R. A. Young, Regional Administrator, Depart-
ment of Corrections, to make certain modifications to the second floor
of the old jail structure at no cost to Roanoke County or the Sheriff's
Department thereof, be, and hereby is, accepted, and the Sheriff of
Roanoke County is authorized to forward an attested copy of this resolu-
tion to the said R. A. Young, Regional Administrator.
Adopted by the following recorded vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
NAYS:
None
IN RE:
COUNTY ADMINISTRATOR'S REPORT
County Administrator Flanders informed the Board that he had
attended the JLARC Session in Richmond on December 13, 1982, and made
presentation for the County.
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Mr. Flanders expressed appreciation to the Employee Committee
for the efforts which made the Christmas Luncheon a success.
Mr. Flanders reminded the Board of the "ground breakingl' at the
Courthouse on January 5, 1983.
Mr. Flanders also requested an executive session at a later time
during the meeting to discuss industrial development, legal, personnel,
and real estate matters.
IN RE:
DEPARTMENT OF FISCAL MANAGEMENT
Mr. John Chambliss, Jr., presented a report to the Boar4 regarding
the purchase of Remittance Processing Equipment. This equipment is needed
to expedite the processing of payments to Roanoke County and provides a more
efficient method of the transacting of funds in that they can be received
sooner and interest earned earl ier.
Bids have been received from Burroughs, NCR, and IBM. After
review of the capabilities of the equipment from each bidder, it is
suggested that the contract be issued to Burroughs.
Funds in the amount of $21,000 have been included in the 1982-83
budget for this type of equipment and it is suggested that the County enter
into a 5-year lease-purchase contract for the amount stated in the following
resolution.
Supervisor Johnson moved for the adoption of the following
prepared resolution and appropriation resolution:
RESOLUTION NO. 3344 ACCEPTING A CERTAIN BID MADE TO THE
COUNTY OF ROANOKE FOR THE PURCHASE OF REMITTANCE PROCESSING
EQUIPMENT
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the bid of Burroughs Corporation in the amount of
$85,898.00, being the lowest and best bid for the purchase of remittance
processing equipment, upon all and singular the terms and conditions of
the invitation to bid, the specifications of the County of Roanoke, the
bidder1s proposals, and the provisions of this resolution, be, and the same
hereby is, accepted; and
12-14-82
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2. That the aforesaid bid of Burroughs Corporation heretofore
accepted is based on a five-year lease/purchase agreement at a monthly
rental of $1,363.66 per month for 60 months, the total lease/purchase
cost including software not to exceed the sum of $24,0007.00 for fiscal
82-83 and not to exceed $21,009.00 for each fiscal year thereafter for
the balance of said 60-month period without additional authorization from
the Board; and
3. That all other bids for this purchase are hereby rejected and
the County Clerk is directed to so notify such bidders and express the
County's appreciation for the submission of their bids.
Adopted by the following roll call vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
NAYS:
None
RESOLUTION NUMBER 3345
On motion by Supervisor Johnson, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 22, 1982 be, and is the same
hereby amended as follows to become effective December 14, 1982:
INCREASE
TDEc REASE)
DESCRIPTION
ACCOUNT NUMBER
Class:
Fund:
Object:
Expenditures
General
Office Furniture &
Equipment (New)
03-6-01213-70020
$3,007
Unappropriated
Balance
03-6-99999-99999
($3,007)
Adopted by the following roll call vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
NAYS:
None
IN RE:
COPIER FOR RCAC
Mr. John Chambliss requested that the Board approve the purchase
of a copier machine for the County Administration Center.
Bids have been received from seven vendors.
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Supervisor Nickens moved for adoption of the following prepared
resolution:
RESOLUTION NO. 3346 ACCEPTING A CERTAIN BID MADE TO THE
COUNTY OF ROANOKE FOR AN INTERMEDIATE SIZE COpy MACHINE TO
SERVE THE'ROANOKE COUNTY ADMINISTRATION CENTER
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BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That that certain bid of Pitney Bowes in the amount of $11,277.00,
being the bid deemed to best promote the interest of the County received
for an intermediate size copy machine to serve the Roanoke County Administra ion
Center, upon all and singular the terms and conditions of the invitation
to bid, the specifications of the County of Roanoke, the bidder's proposals,
and the provisions of this resolution, be, and the same hereby is,
ACCEPTED; and
2. That the County Administrator is hereby authorized and directed
to enter into a contract upon a form approved by the County Attorney for
3. That all other bids for this purchase are hereby rejected and
.
this purchase; and
the County Clerk is directed to so notify such bidders and express the
County1s appreciation for the submission of their bids.
Adopted by the following roll call vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers, and Burton
NAYS:
None
IN.RE:
REPLACEMENT VEHICLES - UTILITY MAINTENANCE DEPARTMENT
Bids have been received from seven vendors for replacement
vehicles for the Util ity Maintenance Department; however, the Virginia
State contract listed the low price for all vehicles meeting the specificati rs.
The Bid Committee recommended the purchase of these vehicles
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through the Virginia State contract vendors in the amount of $33,494.44.
Funds in the amount of $34,000.00 are available in the current budget to
cover this expenditure.
Supervisor Minter moved for adoption of the following prepared
I resolution:
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RESOLUTION NO. 3347 AUTHORIZING THE PURCHASE OF CERTAIN
VEHICLES FOR USE BY THE UTILITY MAINTENANCE DEPARTMENT
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1.
that the purchase of certain vehicles for use by the Util ity
Maintenance Department of Roanoke County through the Virginia State
contract be, and hereby is, approved as follows:
From Danville Chrysler Plymouth GMC, Inc.
Four compact pick-up trucks - GMC-SI5
$25,479.44
From Lawrence Motor Company, Inc.
One one-ton Cargo Van-Dodge B350
$ 8,015.00
$33,494.44
TOTAL
2. That the County Administrator is hereby authorized and directed
to execute these contracts on behalf of Roanoke County upon a form
approved by the County Attorney.
Adopted by the following recorded vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
NAYS:
None
IN RE:
PROCUREMENT PRACTICES
Supervisor Minter moved for adopted of the following Ordinance,
amending the Roanoke County Code by the adoption of certain new articles
of Chapter 2. Administration to be designated Article I I. Procurement
Practices and Article I I I. CodeOf Ethics In Publ ic Contracting; and
providing for an emergency.
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',"" ~.., .,~,.....,.~.._~~ -, "~",'-_"~"c,_,___"".C_'''''''''.''__~_'''''___ '",~~.'.'.'~ ._.~ '~"_ .. ,'_.~'-.',_.~._. _ ._. "..,~~",<~ "."'_0 _._ -"^"'~-',' ,-,- --~'~"-"""-'- -~~--< ''',"' ....".',...,> ......-.... .... ........-... ~.~~~---_.~ ~-=..~ _,0' __._ '.T__'...'_'_'__,' 'W~_M
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ORDINANCE NO. 3350 AI1END I NG THE ROANOKE COUNTY CODE BY !
THE ADOPTION OF CERTAIN NEW ARTICLES OF CHAPTER 2.
ADMINISTRATION TO BE DES I GNATED ARTICLE II. PROCUREMENT
PRACT! CES AND ART I CLE III. CODE OF ETHICS IN PUBLl C I
CONTRACT! NG : AND PROVIDING FOR Arr-EMERGENCV-
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as fo 11 ows :
1. That the Code of Roanoke County be, and hereby is, amended by
the addition of two new articles in Chapter '1 Administration to be
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designated Article II. Procurement Practices and Article 'I [. Code of
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ethics in pub 1 ic contracting to read and provide as follows, to-wi t:
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Chapter 2, Article II - Procurement Practices
Sec. 2-7. Purpose.
The purpose of this article is to provide for the fair and
equitable treatment of all persons involved in public
purchasing by this County, to maximize the purchasing value
of public funds in procurement, and to provide safeguards
for maintaining a procurement system of quality and
integrity.
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Sec. 2-8. Definitions.
(a) Bid Committee. A committee appointed by the Chief
Administrator, as defined herein, to be comprised of a
member of the Governing Body, the Chief Administrator,
and the Superintendent of the using department or his
designee.
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(b) Brand name or equal specification. A specification
limited to one or more items by manufacturers' 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.
(c) Business. Any corporation, partnership,
individual, sole proprietorship, joint stock company,
joint venture or any other private legal entity.
(d) Change order. 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 authorizes the Purchasing
Agent to order without the consent of the contractor.
(e) Chief Administrator. The County Administrator.
(f) Competitive neqotiation. A method of source
selection which involves individual discussions
between the County's designated representative and the
offeror on the basis of responses to the County's
request for proposals.
(g) Competetive 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 contractural terms and
conditions applicable to the procurement.
2. Public notice of the invitation to bid.
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.
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(h) Confidential information. Any
is available to an employee only
employee's status as an employee of
not a matter of public knowledge or
public on request.
information which
because of the
this County and is
available to the
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(i) Construction. Building, altering, repairing,
improving or demolishing any structure, building or
highway, and any draining, dredging, excavation,
grading or similar work upon real property.
(j) 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.
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(k) Contract. All types of agreements, regardless of
what they may be called, for the procurement of goods,
services, insurance or construction.
(1) 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.
(m) Contractor. Any person having a contract with the
County as defined herein.
(n) 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.
(0) 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 provision of this article and a
fee or profit, if any.
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(p) County. The County
any agency, department,
entity thereof.
of Roanoke, Virginia, and/or
board, commission, or like
(q) Direct or indirect participation. Involvement
through decision, approval, disapproval,
recommendation, preparation of any part of a purchase
request, influencing the content of any specification
or procurement standard, rendering of advice,
investigation, auditing, or in any other advisory
capacity.
(r) 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 of the opportunity to develop and maintain a
competitive position in the economy because of social
disadvantages.
(s) 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.
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(t) Goods.
printing and
software.
All material, equipment, supplies,
automated data processing hardware and
(u) Governing Body.
Roanoke County.
The Board of Supervisors of
(v) 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
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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, etc., at either a
competitive advantage or disadvantage as the case may
be.
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(w) Insurance. A
consideration, one
other for loss on
perils.
contract whereby, for a stipulated
person undertakes to compensate the
a specified subject for specified
(x) Invitation for bids. All documents, whether
attached or incorporated by reference, utilized for
soliciting sealed bids. No confidential or
proprietary data shall be solicited in any Invitation
for Bids.
(y) 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 $5.00.
(z) Nonprofessional services.
specifically identified herein
services.
Any
as
services not
professional
(aa) Person.
committee, club,
individuals.
Any business, individual, union,
other organization, or group of
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(bb) 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.
(cc) Professional services. Work performed by an
independent contractor within the scope of the
practice of accounting, architecture, land surveying,
landscape architecture, law, medicine, optometry or
professional engineering.
(dd) Public body. Any legislative, executive or
judicial body, agency, office, department, authority,
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 policy.
(ee) Purchasing Aqent. The purchasing official for the
County of Roanoke.
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(ff) 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.
(gg) Request for proposals.
attached or incorporated by
soliciting proposals.
All documents, whether
reference, utilized for
(hh) 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.
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(ii) Responsive bidder.
bid which conforms in
Invitation to Bid.
A person who has submitted a
all substantive respects to the
(jj) 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.
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(kk) Sheltered workshop. A work-oriented rehabilative
facility with a controlled working environment and
individual goals which utilizes work experience and
related sevices for assisting the handicapped person
to progress toward normal living and a productive
vocational status.
(11) Specification. Any description of the physical
or functional characteristics, or of the nature of a
good, service or construction item. It may include a
description of any requirement for inspecting,
testing, or preparing a good, service or construction
item for delivery.
Sec. 2-9. Application.
(a) This article applies to contracts for the
procurement of goods, services, insurance and
construction entered into by this County involving
every expenditure for public purchasing irrespective
of its source.
(b) Where any 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, the County may comply with such federal
requirements, notwithstanding the provisions of this
article only upon the written determination of the
Governing Body 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 policy in conflict with
the conditions of the grant or contract.
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S ec. 2 -1 0 .
Severability.
If any provision of
to any person or
invalidity shall
applications of this
without the invalid
end the provisions
severable.
this article or any application thereof
circumstances is held invalid, such
not affect other provisions or
article which can be given effect
provision or application, and to this
of this article are declared to be
Sec. 2-11. Establishment, Appointment,
Purchasing Agent.
and Bond
of
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(a) For the
purchasing system
supervision of
Management.
County there is hereby created a
to operate under the direction and
the Superintendent of Fiscal
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(b) The Purchasing Agent for the County of Roanoke
shall be the Superintendent of Fiscal Management. The
Purchasing Agent may delegate the administrative
purchasing responsibility to a responsible subordinate
upon recommendation of the Chief Administrator and
approval of the Governing Body.
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(c) The Purchasing Agent and/or such designated
subordinate shall be bonded. The form and amount of
the bond shall be determined by the Governing Body.
Sec. 2-12. Authority and Duties
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(a) 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 construction in accordance with this
article, as well as the management and disposal of
supplies.
(b) In accordance with this article, the Purchasing
Agent shall:
(1) purchase or supervise the purchasing of all
goods, services, insurance and construction
needed by the County.
(2) exercise direct
County's central stores
over all other inventories
the County;
supervision over the
and general supervision
of goods belonging to
(3) sell, trade or otherwise dispose of surplus
goods belonging to the County; and
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(4) establish and maintain programs for
specifications development, contract
administration and inspection and acceptance, in
cooperation with the public agencies using the
goods, services, and construction.
(c) The Purchasing Agent shall have the power and
duty to:
(1) Purchase or contract for all goods,
services, insurance and construction required by
using department, except as provided herein;
(2) Ensure preparation and
standard specifications;
enforcement
of
(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
competition as
sales;
to obtain as
possible on all
full and open
purchases and
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(6) Keep informed of current developments in the
field of purchasing, prices, market conditions,
and new products;
(7) Secure for the
research done in the
other governmental
societies, national
private business and
County the benefits of
fields of purchasing by
jurisdictions, national
trade associations, and by
organizations;
(8) Prepare standard purchase nomenclature for
goods for the using departments;
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(9) Prepare
containing
and maintain
catalogues,
a vendor's
descriptions
file
of
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commodities, prices and discounts;
(10) Declare vendors who default on their
quotations as irresponsible bidders and
disqualify them from receiving business from the
County for a stated period of time, subject to
approval by the Governing Body;
(11) Develop and maintain a current file
sources of goods, services, insurance
construction to be known as a "bidder list"
which vendors can request to be added;
of
and
to
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(12) 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;
(13) Maintain an accurate listing and status of
all outstanding contracts including expiration
dates, establish a list of the needs assessment
of the several departments, develop a process for
renewal of expiring contracts, and develop a
check-list to evaluate the quality of completion
of all contracts.
(14) 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. I
Sec. 2-13. Procurement Procedure.
After receiving a request for goods, services, etc., from a
using department or agency, the Purchasing Agent shall
promptly procede to satisfy the requirements in the most
efficient manner. Where practical, standardized
inventories, standardized specifications, existing
contracts and the use of free and open competition should
be used to satisfy these needs. This process will require
proper planning by the using departments to prevent
unreasonabe 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 specifications to ensure
the pocurement of the item needed.
Sec. 2-14. Unauthorized Purchases.
Except as herein provided no official elected or appointed,
or any employee shall purchase or contract for any goods,
services, insurance, or construction within the purview of
this article other than by and through the purchasing
system, and any purchase order or contract made contrary to
the provisions hereof is void and the County shall not be
bound thereby.
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Sec. 2-15. Small Purchases.
Any contract not exceeding $2,500.00 may be made in
accordance with small purchase procedures; (see Sec. 2-57-
Small Purchase Procedures) provided, however, that contract
requirements shall not be artificially divided so as to
constitute a small purchase under this section; and
provided further that all procurements exceeding $2,500.00
shall require specific award by the Governing Body as made
and provided by law.
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Sec. 2-16. Cooperative Procurement.
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The County may participate in, sponsor, conduct or
administer a cooperative procurement agreement 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 article.
Sec. 2-17. Competitive Sealed Bidding - Conditions for
Use.
(a) All public contracts with non-governmental
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.
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(b) No contract for the construction of any building
or for an addition to or improvement of an existing
building for which state funds of $100,000 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
bidding. The procedure for the advertising for bids
and letting of the contract shall conform, mutatis
mutandis, to this article. No person or firm shall be
eligible to bid on any such contract nor to have the
same awarded to him or it who has been engaged as
architect or engineer for the same project.
Sec. 2-18. Procurement Information.
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Except as 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, firm or corporation, 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. 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 section 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.
Sec. 2-19. Employment Discrimination Prohibited.
Every contract of over $10,000 shall include the provisions
in (a) and (b) below:
(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
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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.
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(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 employer.
(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 paragraphs (1), (2), and (3) in every
subcontract or purchase order of over $10,000, so that
the provisions will be binding upon each subcontractor
or vendor.
Sec. 2-20. 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 samples, 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
article.
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(b) The Purchasing Agent may refuse to prequalify any
prospective contractor, provided that written reasons
for refusing to prequalify are made a part of the
record in each case. The decision of the Purchasing
Agent shall be final.
(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 soundness, 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.
Cd) 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.
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(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 procurements which do not require
prequalification.
Sec. 2-21. Notice of Invitation to Bid.
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(a) Notice inviting sealed bids shall be published
once in at least one official newspaper of general
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circulation in the County of Roanoke at least 7 days
preceding the last day set for the receipt of bids.
(b) The newspaper notice required herein 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.
(c) The Purchasing Agent shall also solicit sealed
bids from all responsible prospective suppliers who
have requested their names to be added to a "bidders'
list" which the Agent shall maintain, by sending other
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
invitations are sent.
(c) The Purchasing Agent shall also advertise all
pending purchases or sales by notice posted on the
appropriate public bulletin board.
Sec. 2-22. Use of Brand Names.
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 names; it conveys the general style, type,
character, and quality of the article desired, and any
article which the Governing Body in its sole discretion
determines to be the equal of that specified, considering
quality, workmanship, economy of operation, and suitability
for the purpose intended, shall be accepted.
S ec . 2 - 2 3 .
Conference.
Specifications
Pre-Bid
Comments
on
For complex equipment, supplies, construction, or repair,
pre-bid conferences with prospective bidders are desirable
after draft specifications have been prepared. Such
conferences help to detect unclear provisions and tend to
widen competition by removing unnecessarily restrictive
language. Conferences on purchasing bids will be called by
the Purchasing Agent and attended by the appropriate
departmental representative.
Sec. 2-24. Bid Bonds on Construction Contracts.
(a) Except in cases of emergency, all bids or
proposals for construction contracts in excess of
$25,000 shall be accompanied by a bid bond with
corporate surety selected by the bidder which surety
is legally authorized to do business in Virginia, as a
guarantee that if the contract is awarded to such
bidder, that bidder will enter into the contract for
the work mentioned in the bid. The amount of the bid
bond shall not exceed five percent of the amount bid.
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(b) No forfeiture under a
lesser of (i) the difference
the bond was written and the
face amount of the bid bond.
bid bond shall exceed the
between the bid for which
next low bid, or (ii) the
Sec. 2-25. Bonds for Other Than Construction Contracts.
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(a) At the discretion of the Purchasing Agent, after
consultation with the Chief Administrator, bidders may
be required to submit with their bid a bid bond, or a
certified check, in an amount to be determined by the
Purchasing Agent and specified in the invitation to
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bid, which shall be forfeited to the Governing Body as
liquidated damages upon the bidder's failure to
execute a contract awarded to him or upon the bidder's
failure to furnish any required performance or payment
bonds in connection with a contract awarded to him.
(b) The Purchasing Agent, after consultation with the
Chief Administrator, may require successful bidders to
furnish a performance bond and/or a payment bond at
the expense of the successful bidder, in amounts to be
determined by the Purchasing Agent and specified in
the invitation to bid, to ensure the satisfactory
completion of the work for which a contract or
purchase order is awarded.
I
Sec. 2-26. Rejection of Bids.
An Invitation for Bids, a Request for Proposals, or other
solicitation may be cancelled, or any or all bids or
proposals may be rejected in whole or in part when the
Governing Body determines that it is in its best interest
to do so. The reasons therefore shall be made a part of
the record in the matter.
Sec. 2-27. Competitive Sealed Bidding - Bid Opening.
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. After award of
contract, all bids and bidding records shall be open to
public inspection.
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Sec. 2-28. 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 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
omission 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.
(b) The procedure
in the advertisement
withdrawal of bids is:
for bid withdrawal must be stated
for bids. The procedure for
Any bidder claiming the right to withdraw
shall give notice in writing of his
right to withdraw his bid within two
days after the conclusion of the bid
procedure.
his bid
claim of
business
opening
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(c) Procedures for the withdrawal of bids for other
than construction contracts may be established by the
Purchasing Agent.
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(d) No bid may be withdrawn under this section when
the result would be the awarding of the contract or
another bid of the same bidder or of another bidder in
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408
which the ownership of the withdrawing bidder is more
than five percent.
(e) If a bid is withdrawn under the authority of this
section, the lowest remaining responsible bid shall be
deemed to be the low bid.
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(f) 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 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.
(g) If the Governing Body denies the withdrawal of a I
bid under the provisions of this section, it shall
notify the bidder in writing stating the reasons for
its decisions.
Sec. 2-29. ,Competitive Sealed Bidding - 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,
bidder to perform
service required;
capacity and
the contract
skill of the
or provide the
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(2) Whether the bidder can perform the contract
or provide the service promptly, or within the
time specified, without delay or interference;
(3) The
judgment,
bidder;
character,
experience,
integrity, reputation,
and efficiency of the
(4) The quality of performance of previous
contracts or services;
(5) The previous and
bidder with laws and
contract or service;
existing compliance by
policies relating to
the
the
(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
maintenance and service for the
subject of the contract;
provide future
use of the
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(9) The number and scope of conditions attached
to the bid.
(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.
Sec. 2-30. Competitive Sealed Bidding - Bid Award.
The contract shall be awarded
written notice to the lowest
meets the requirements and
Invitation for Bids. In
with reasonable promptness by
responsible bidder whose bid
criteria set forth in the
the event all bids for a
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construction project exceed available funds and the lowest
responsive and responsible bid does not exceed such funds
by more than 10%, the Governing Body may authorize, when
time or economic considerations preclude resolicitation of
work of a reduced scope, negotiate 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.
Sec. 2-31. Tie Bids.
In the case of a tie bid, preference shall be given to
goods, services and construction produced in Roanoke County
or provided by Roanoke County persons, firms or
corporations, and thereafter to goods, services, and
construction produced in Virginia or provided by Virginia
persons, firms or corporations if any of such choices are
available; otherwise the tie shall be decided by lot.
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Sec. 2-32. Contract Pricing Arrangement.
(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.
(c) Specified period. 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.
(d) Cancellation due to unavailability of funds in
succeeding fiscal periods. 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.
Sec. 2-33. Contract Modification.
A public contract may include provisions for modification
of the contract during performance, but no fixed-price
contract may be increased by more than ten percent of the
amount of the contract or $2,000, whichever is smaller,
without the advance written approval of the Governing Body.
Sec. 2-34. 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 percent
of the earned sum when payment is due, with not more
than five 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.
Sec. 2-35. Performance and Payment Bonds.
(a) Upon the award of any public construction
contract exceeding $25,000 awarded to any prime
contractor, such contractor shall furnish to the
Governing Body the following bonds:
(1) A performance bond in the sum of the
contract amount conditioned upon the faithful
performance of the contract in strict conformity
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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.
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(b) Each of such bonds shall be executed by one or
more surety companies selected by the contractor which
surety or sureties are legally authorized to do
business in Virginia.
(c) Bonds shall be made payable to the Governing
Body.
(d) Each
Governing
thereof.
of
Body
the
or
bonds shall
a designated
be filed
office or
with the
official
(e) Nothing in this section shall preclude the
Purchasing Agent, after consultation with the Chief
Administrator, from requiring payment or performance
bonds for contracts below $25,000.
I
(f) Nothing in this section shall preclude such
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 which are
directly with the subcontractor for performing labor
and furnishing materials in the prosecution of the
work provided for in the subcontract.
Sec. 2-36. Action on Performance Bond.
No action against the surety on a performance bond shall be
brought unless 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, if the action be for such.
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Sec. 2-37. Actions on Payment Bonds.
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(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, and who has not been paid
in full therefor before the expiration of ninety 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.
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(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 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 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.
I
Sec. 2-38. Alternative Forms of Security.
(a) In lieu of a bid, payment or performance 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 determination that the alternative form of security
proffered affords protection to the Governing Body
equivalent to the corporate surety's bond.
Sec. 2-39. Competitive Negotiation.
(a) The
negotiation
2-23, 2-26,
outlined in
source selection method of competitive
incorporates Secs. 2-18, 2-19, 2-20, 2-22,
2-32, 2-33, in addition to the provisions
this secton and Sec. 2-40.
I
(b) When the Purchasing Agent, after consultation
with the Chief Administrator, determines 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 the competitive
sealed proposal method.
(c) Proposals shall be solicited through a request
for proposals.
(d) Adequate public notice of the request for
proposals shall be given in the same manner as
provided for competitive sealed bids provided the
minimum time shall be seven (7) calendar days.
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(e) No proposals shall be
disclosure of the identity
contents of any proposal to
the process of negotiation.
handled so as to permit
of any offeror or the
competing offerors during
(f) The
relative
factors.
request for
importance of
proposals
price and
shall
other
state the
evaluation
(g) 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 submissions 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.
I
(h) 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.
Sec. 2-40. Contracting
~ompetitive Negotiation~
for Professional Services by
I
(a) Professional services
competitive negotiation. The
2-18, 2-19, 2-20, 2-22, 2-23,
2-39(c) and (d).
may be procured by
process includes Secs.
2-26, 2-32, 2-33, and
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(b) The Purchasing Agent shall engage in individual
discussions with all 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.
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. At the
conclusion of discussion, outlined herein, on the
basis of evaluation factors published in the request
for proposal and all information developed in the
selection process to this point, the Purchasing Agent
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 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
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I
and negotiations conducted with the offeror ranked
second, and so on until such a contract can be
negotiated at a fair and reasonable price. 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.
Sec. 2-41. Sole Source Procurement.
A contract may be awarded without competition when the
Purchasing Agent determines in writing, after conducting a
good faith review of available sources, that there is only
one source for the required good, service, insurance or
construction item. 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 item(s)
procured under each contract, and the identification number
of each contract file.
I
Sec. 2-42. Emergency Purchases.
(a) An emergency shall be deemed to exist when a
breakdown in machinery or equipment and/or a
threatened termination of essential services or a
dangerous 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) If an emergency occurs during regular business
hours, the using department shall immediately notify
the Purchasing Agent who, after consultation with the
Chief Administrator, shall either purchase the
required supplies or contractual services or authorize
the department to do so.
(c) If an emergency occurs at times other than
regular business hours, the using department 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 Purchasing Agent.
Sec. 2-43. Exempt Transactions.
I
(a) The following transactions are hereby exempt from
the provisions of this article:
(1) Purchases from the
state contracts from
department warehouse.
state penitentiary or
the state purchasing
(2) Legal services associated with actual or
potential litigation.
Sec. 2-44. Disposal of Surplus Property.
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(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.
(b) The Purchasing Agent shall have the authority to
transfer surplus stock to other using agencies.
(c) The Purchasing Agent
sell all supplies which
public use, or to exchange
the same on, new supplies.
shall have the authority to
have been unsuitable for
the same for, or trade in
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(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.
(e) The Purchasing Agent may require sealed bids in
his discretion.
Sec. 2-45. Debarment or Suspension.
(a) After reasonable notice to the person involved
and reasonable opportunity for that person to be
heard, the Governing Body 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
years. After consultation with the County Attorney,
the Governing Body 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
months. The causes for debarment or suspension
include:
I
(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 I
business honesty which currently, seriously, and
directly affects responsibility as a County
contractor;
(3) Conviction under state
statutes arising out of the
proposals;
or federal antitrust
submission of bids or
(4) Violation of contract
forth below, of a character
the Governing Body to be so
debarment action;
provisions, as set
which is regarded by
serious as to justify
I
(i) deliberate failure without
to perform in accordance
specifications or within the
provided in the contract; or
good
with
time
cause
the
limit
---
(ii) a recent record of
or of unsatisfactory
accordance with the terms
failure to perform
performance in
of one or more
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^~_.~_____._,.._.______~_._~_.,________,w_.,_______'______._..._._______
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;
I
(5) Any other cause the Governing Body
determines to be so serious and compelling as to
affect responsibility as a County contractor
including debarment by another governmental
entity for any cause in this article; and for
violation of the ethical standards set forth in
this article.
S ec. 2 - 46 .
Decision to Debar or Suspend.
The Governing
or suspend.
action taken
involved of
administrative
Body shall issue a written decision to debar
The decision shall state the reasons for the
and inform the debarred or suspended person
his rights concerning judicial or
review.
Sec. 2-47. Notice of Decision.
A copy of the decision to debar or suspend shall be mailed
or otherwise furnished immediately to the debarred or
suspended person.
Sec. 2-48. Finality of Decision.
I
A decision to debar or suspend shall be final and
conclusive, unless the debarred or suspended person, within
10 days after receipt of the decision, takes an appeal to
the Governing Body or commences a timely action in court in
accordance with applicable law.
Sec. 2-49. Ineligibility of Bidder, Offeror, or Contractor
- Remedies.
(a) Any bidder, offeror, or contractor refused
permission to or disqualified from, participating 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 (Sec. 2-56) of this article.
(b) If 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 of eligibility.
Sec. 2-50. Appeal of Denial of Withdrawal of Bid.
I
(a) A decision denying withdrawal of bid under the
provisions of (Sec. 2-28) shall be final and
conclusive unless the bidder institutes legal action
as provided in (Sec. 2-56) of this article.
(b) If no bid bond was posted, a bidder refused
withdrawal of a bid under the provisions of Sec. 2-28,
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 withdraw the bid.
(c) If it is determined
withdrawal of the bid was
that the decision refusing
arbitrary or capricious, the
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417
sole relief shall be withdrawal of the bid.
Sec. 2-51. 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 Sec. 2-56 of
this article.
I
(b) If it is determined that the decision of
Nonresponsibility 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 determined that the decision of
Nonresponsibility was arbitrary or capricious, and an
award has been made, the relief shall be as set forth
in ( S ec . 2 - 5 2 ( 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 (Sec. 2-52) of this
article.
(d) Nothing contained in this section shall be
construed to require the Governing 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.
I
Sec. 2-52. Protest of Award or Decision to Award.
(a) Any bidder or offeror may protest the award or
decision to award a contract by submitting such
protest in writing to the Purchasing Agent no later
than ten 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 Governing Body
shall issue a decision in writing within ten days
stating the reasons for the action taken. This
decision shall be final unless the bidder or offeror
institutes legal action as provided in (Sec. 2-56) of
this article.
-
(b) If prior to an award it is determined, by the
Governing Body, 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 Governing 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
of such declaration. In no event shall the performing
contractor be entitled to lost profits.
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(c) Where the Governing Body 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 the Code of Ethics in
Public Contracting, the Governing Body may revoke and
avoid the award of the contract to a particular
bidder.
Sec. 2-53. Effect of Appeal Upon Contract.
Pending final determination of a protest
validity of a contract awarded and accepted
in accordance with this chapter shall not
the fact that a protest or appeal has been
or appeal, the
in good faith
be affected by
filed.
Sec. 2-54. 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, 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.
Sec. 2-55. Contractual Disputes.
I
(a) Contractual claims, whether for money or other
relief, shall be submitted in writing no later than
twenty (20) days after occurance 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 fn 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 Governing Body.
(c) A contractor may not institute legal action as
provided in (Sec. 2-56) of this article prior to
receipt of the decision on the claim, unless the
Governing Body fails to render such decision within
the time specified in the contract.
(d) The decision of the Governing Body shall be final
and conclusive unless the contractor within six months
of the date of the final decision on the claim by the
Governing Body institutes legal action as provided in
Sec. 2-56 of this article.
Sec. 2-56. Legal Actions.
I
(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 appropriate circuit court challenging that
decision, which shall be reversed only if the
petitioner establishes that the decision was arbitrary
or capricious.
(b) A bidder denied withdrawal of a bid under (Sec.
2-50) of this article may bring an action in the
appropriate circuit court challenging that decision, --II
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which shall be reversed only if the bidder establishes
that the decision of the Governing Body 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
Proposal.
I
(d) If injunctive relief is granted, the
request of the Governing Body shall
posting of reasonable security to
Governing Body.
court, upon
require the
protect the
(e) A contractor may bring an action involving a
contract dispute with the Governing Body only in the
appropriate circuit court.
(f) A bidder, offeror or contractor shall exhaust the
administrative procedures of this article prior to
instituting legal action concerning the said
procurement transaction unless the Governing Body
agrees otherwise.
(g) Any legal action pursuant to this section shall be
instituted no later than six (6) months following the
decision of the Governing Body or such action shall be
forever barred.
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(h) Nothing herein shall be construed to prevent the
Governing Body from instituting legal action against a
contractor.
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Sec. 2-57. Small Purchases.
(a) Definitions.
I
(1) Small purchases shall be defined as those
goods, services, equipment, insurance,
construction or other items needed in the day to
day operations of the County whose monetary value
does not exceed $2,500.
Sec. 2-58. Small Purchase Procedure.
The Purchasing Agent is authorized to develop, implement,
and revise as needed a "Small Purchase Procedure" which
will insure that the principle of competitive pricing is
established and maintained and which shall also contain
provision for maintaining the confidentiality of legitimate
trade secrets. Said procedure to be reviewed and approved
by Governing Body at any time but, at least on an annual
basis. Until a bid or quotation is opened, 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.
Sec. 2-59. Types of Purchases.
(a) All purchases made by the County under the "Small
Purchases Section", unless exempted by Sec. 2-60,
shall fall into one of the following categories:
I
(1) Purchases under $500 in value. After receipt
of a purchase requisition from the using
department or agency, at least three 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, terms, and
delivery schedule. The total of all items
purchased from this requisition should not exceed
$500. Where practical, standardized inventories
and existing contracts should be used to satisfy
these requests.
I
(2) Purchases between $500 and $2,500 in value.
Purchases in this group shall be accomplished
through the use of at least three letter
quotations whenever possible. A letter quotation
is a written request sent to at least three
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. The use of
letter quotations requires adequate time for
preparation, mailing, receipt and award,
generally two or three weeks from receipt of
requisition. All quotations received after the
reply date and time are non-responsive and cannot
be considered. Requests for letter quotations
are issued by the Purchasing Agent. To initiate
the letter quotation, the user department should
submit a completed requisition to the Purchasing
Agent, including a list of possible vendors, if
available.
(3) Emergency Purchases. An emergency purchase
is one which is necessitated by uncontrollable
circumstances 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
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convenience of the citizens of the County. Any
department which purchases a service or commodity
under this section must inform the Purchasing
Agent in writing of the circumstances surrounding
the emergency purchase within one work day of the
occurrence. Abuse of the provision of this
section will be reported by the Purchasing Agent
to the Chief Administrator.
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Sec. 2-60. Exempt Transactions.
(a) The following items and services are exempted
from the small purchases provision of the purchasing
procedure:
(1) Professional Services
(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
Sec. 2-61. Waiver from Purchasing Procedures.
~
,
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 Sec. 2-59 he may prescribe,
after consultation with the Chief Administrator, suitable
purchasing procedures. Rationale for such decisions shall
be documented and put on file in the Purchasing Agent's
office.
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Sec. 2-62. Specifications.
It shall be the Purchasing Agent's responsibility to
formulate, in conjunction with the user department,
non-restrictive specifications to insure quality levels
equal to the intended use of an item.
Sec. 2-63. Waiver from Competition.
Where proprietory or patent rights exist and only one
source is available for a required item or service, the
requirement for competitive bidding may be waived.
Documentation of the sole source procurement shall be
maintained in accordance with Sec. 2-41 of this article.
Sec. 2-64. Resolution of Disagreements.
Where disagreements exist between the Purchasing Agent and
the vendor, the dispute shall be referred to the Chief
Administrator. In cases where resolution is not achieved
at this level, they shall be forwarded to the Governing
Body whose decision will be final.
I
Sec. 2-65. Local Vendor Preference.
No special consideration should be shown to local vendors.
However, in determining the IIlowest responsible bidder, II
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.
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Sec. 2-66. Vendor - County Relationship.
(a) The relationship between the 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
procedures established by the Purchasing
when it is necessary to contact
departments.
follow
Agent
other
(2) When necessary for the departments to
correspond with the vendors on some technical
matter, copies of that correspondence should be
sent to the Purchasing Agent.
Sec. 2-67. Availability of Funds.
Before any purchase is made,
determine the availability of
this purchase. If funds are
Head shall be responsible for
funds.
the Purchasing Agent shall
sufficient funds to cover
unavailable, the Department
initiating the request for
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ARTICLE III - CODE OF ETHICS IN PUBLIC CONTRACTING
Sec. 2-69. Purpose.
The provisions of this article supplement, but do not
supersede, other provisions of law including, but not
limited to, the Virginia Conflict of Interests Act
(S2.l-348 et seq.), the Virginia Governmental Frauds Act
(S18.2-498.l et seq.) and Articles 2 and 3 of Chapter 10 of
Title 18.2. The provisions of this article apply
notwithstanding the fact that the conduct described may not
constitute a violation of the Virginia Conflict of
Interests Act.
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Sec. 2-70. Definitions.
(a) The words defined in this section shall have the
meanings set forth below throughout this article.
(1) "Immediate family" shall
children, parents, brothers and
other person living in the same
employee.
mean a spouse,
sisters, and any
household as the
(2) "Off icial
administrative
immediate or
disapprove or
transaction, or
responsibility" shall mean
or operating authority, whether
final, to initiate, approve,
otherwise affect a procurement
any claim resulting therefrom.
( 3) "Pecuniary
procurement" shall
interest as defined
Interests Act.
interest arising from the
mean a material financial
in the Virginia Conflict of
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(4) "Procurement transaction" shall mean 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.
,
,
(5) "Public
employed by a
officials or
bodies.
employee"
governing
appointed
shall mean any
body, including
members of
person
elected
governing
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Sec. 2-71. Proscribed Participation by Public Employees in
Procurement Transactions.
(a) No public employee having official responsibility
for a procurement transaction shall participate in
that transaction on behalf of the Governing Body when
the employee knows that:
(1) The employee is contemporaneously employed
by a bidder, offeror or contractor involved in
the procurement transaction; or
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(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
interest of more than five percent; or
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(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.
S ec. 2 - 7 2 .
solicitation or Acceptance of Gifts.
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 or 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
Governing Body may recover the value of anything conveyed
in violation of this section.
Sec. 2-73. 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
County unless the employee, or former employee, provides
written notification to the Chief Administrator prior to
commencement of employment by the bidder, offeror or
contractor.
Sec. 2-74. 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.
Sec. 2-75. Kickbacks.
(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 make, or offer
to make, kickbacks 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 any
agreement not to compete on a public contract.
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(d) If a subcontractor or supplier makes a kickback
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
County and will be recoverable from both the maker and
recipient. Recovery from one offending party shall
not preclude recovery from other offending parties.
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Sec. 2-76. Purchase of Building Materials, etc., from
Architect or Engineer Prohibited.
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, for such
building or structure, or from any partnership,
association, or corporation in which such architect or
engineer has a pecuniary interest.
Sec. 2-77. Penalty for Violation.
Willful violation of any provision of this article shall
constitute a Class I misdemeanor. Upon conviction, any
public employee, in addition to any other fine or penalty
provided by law, shall forfeit his employment.
Adopted by the following roll call vote:
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AYES:
Supervisors Hinter, Johnson, ;Jickens, Myers and Burton
NAYS:
None
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IN RE:
ROANOKE COUNTY COURTHOUSE
Supervisor Nickens moved for the adoption of the following
prepared resolution:
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RESOLUTION NO. 3348 ACCEPTING A CERTAIN BID RECEIVED BY THE
COUNTY OF ROANOKE FOR GEOTECHNICAL ENGINEERING SERVICES
DURING CONSTRUCTION OF THE ROANOKE COUNTY COURTHOUSE
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That that certain bid of Schnabel Engineering Associates in the
amount of $5,700.00, being the lowest and best bid for geotechnical
I engineering services during construction of the Roanoke County Courthouse,
I upon all and singular the terms and conditions of the invitation to bid,
i the specifications of the County of Roanoke, the bidder's proposals and
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the provisions of this resolution, be, and same hereby is, accepted; and
2. That the County Administrator is hereby authorized and directed
to execute this contract on behalf of Roanoke County upon a form approved
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by the County Attorney; and
3. That all other bids for this project are hereby rejected and
the County Clerk is directed to so notify the bidders and express the
County's appreciation for the submission of their bids.
Adopted by the following recorded vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
NAYS:
None
IN RE:
INQUIRIES AND COMMENTS OF BOARD MEMBERS
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Supervisor Nickens inquiried about the uti1 ity bills going out
late to customers. Mr. Chamb1 iss noted computer problems and getting
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customers on specific billing cycle as reasons for bills being sent out
late. He also noted that by the end of December the bill ing would be back
on cycle.
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Supervisor Minter stated that Vernda1e Road was still in need of
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repairs.
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12-14-82
It was suggested by Supervisor Minter that beginning in January
1983, the County could start using a consent agenda format 1 ike the one
used in the City of Roanoke.
Supervisor Johnson had no comments.
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Chairman Burton noted the date of reorganizational meeting as
being January 5, 1983, and also the gmundbreaking ceremony at the Courthouse
Beginning in January, on Wednesdays, Chairman Burton noted that
the Roanoke County Administrator would appear on Publ ic TV to present variou
aspects of the operation of County government. There will be no charge to
the County for this.
Chairman Burton asked if Dr. Slemp's membership on the Mental
Health Services Board had to be an appointment by the Board of Supervisors.
The expiration date of this term with Mental Health Services Board is
January 1, 1983. Mr. Flanders was asked to check into this as Mental
Health Services needed to know what action needed to be taken.
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Chairman Burton asked if any Board member would 1 ike to attend a
seminar at Virginia Beach January 16 through January 21, 1983, with
Sheriff o. S. Foster. Grant monies are available for any Board member
to attend this meeting. Supervisor Johnson volunteered to attend the
seminar.
Chairman Burton noted she had received a letter from Snyder-
Hunt Corporation expressing their concern about the traffic problem that
the rezoning for 170 townhouses along Ogden Road is going to cause. This
same concern is felt by the County Board. Chairman Burton asked that the
County inform the City Planning Commission of its feel ings about this
rezoning and to please defer their decision until the Highway Department
Chairman Burton stated she would 1 ike to clarify the establishment
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can make a recommendation regarding the traffic problem in the area.
of the Board's salary increase. She noted this increase information was
given to the County Administrator for the usual budget process and this
information was available to the publ ic. There was no effort made to hide
this matter. The increase is as authorized by State Statutes for
governmental officials and legal ity was confirmed by the County Attorney.
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Mrs. Burton noted the number of hours spent on County work other than the
usual Board meetings and accompl ishments made by the Board.
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IN RE:
EXECUTIVE SESSION
On motion by Supervisor Nickens and carried by a unanimous voice
vote, the Board went into executive session at 12:30 a.m. pursuant to the
Code of Virginia, Section 2.1-344(a), (2), (4), and (6) to discuss legal,
personnel and industrial development matters.
IN RE:
RECONVENEMENT
On motion by Supervisor Minter the regular session was reconvened
at 2:03 a.m., December 15, 1982. Motion carried.
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IN RE:
BINGO PERMIT
On motion by Supervisor Myers and carried by the following
recorded vote, approval was granted to permit the Salem Band Guild to hold
bingo games pursuant to appl ication until June 30, 1983.
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
NAYS:
None
IN RE:
CANCELLATION OF MEETING - DECEMBER 28, 1982.
Supervisor Nickens moved for adoption of the following resolution:
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RESOLUTION NO. 3349 CANCELING THE BOARD OF SUPERVISORS
MEETING TO BE HELD ON DECEMBER 28, 1982
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the regular meeting of the Board of Supervisors scheduled
for December 28, 1982, is hereby canceled; and
2. That all publ ic hearings heretofore scheduled and advertised
for December 28, 1982, shall be held January 11, 1983, without further
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advertisement as if same had been duly advertised for January 11, 1983;
and
3. That a duly attested copy of this resolution shall be pub1 ished
in the newspaper having general circulation in Roanoke County on Monday,
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December 20, 1982 and Monday, December 27, 1982; and further posted on
the front door of the Roanoke County Courthouse, the Roanoke County
Administration Center, and the Headquarters Branch of the Roanoke County
Library.
Adopted by the following recorded vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
NAYS:
None
IN RE:
ADJOURNMENT
On motion by Supervisor Johnson and carried unanimously, the
meeting adjourned at 2:05 a.m., December 15, 1982.
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CHAIRMAN
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