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1/4/1999 - Regular
~ MOAN ~.~ ~~ •,p s 1838 ORKING DOCUMENT-SUBJECT TO REVISION ROANOKE COUNTY BOARD OF SUPERVISORS ORGANIZATIONAL MEETING ACTION AGENDA JANUARY 4, 1999 - 4:00 P.M. PLEASE NOTE• FOLLOWING THE ORGANIZATIONAL MEETING. THE BOARD OF SUPERVISORS WILL MEET WITH THE ROANOKE VALLEY LEGISLATORS IN THE 4TH FLOOR CONFERENCE ROOM TO DISCUSS ROANOKE COUNTY'S LEGISLATIVE PROGRAM. A. OPENING CEREMONIES 1. Roll Call: ALL PRESENT AT 4:00 P.M. 2. Invocation: Dr. Harry C. Nickens Roanoke County Board of Supervisors 3. Pledge of Allegiance B. ORGANIZATION OF COUNTY BOARD 1. Election of Officers a. Chairman HCN NOMINATED BOB JOHNSON TO SERVE AS CHAIRMAN - URC b. Vice Chairman 1 ® Recycled Paper FFH NOMINATED HARRY NICKENS TO SERVE AS VICE CHAIRMAN -URC 2. Length of Term for Chairman and Vice Chairman HCN MOTION TO SET THE TERM FROM 1/4199 TO 1/3/2000 URC 3. Resolution Establishing the Schedule for Board Meetings in 1999. (Paul Mahoney, County Attorney) R-010499-1 HCN MOTION TO ADOPT RESO WITH DEC MEETING DATES 1217/99 AND 12/21/99 -URC C. FIRST READING OF ORDINANCES 1. First reading of ordinance amending Chapter 2 of the Roanoke County Code, Administration, by the addition of a new Article V, County Board Organization and Procedure, which establishes rules of organization and procedure for meetings of the Board of Supervisors. (Paul Mahoney, County Attorney) BLJ MOTION TO APPROVE 1ST READING WITH CHANGES SUGGESTED BY HCN., JPM AND PMM 2ND -1/12199 URC D. NEW BUSINESS 1. Request for approval of $500,000 settlement of $707,079.25 bill from the City of Roanoke. (Gary Robertson, Utility Director) A-010499-2 FFH MOTION TO APPROVE SETTLEMENT URC 2. Report on replacement of underground storage tanks at the Public Service Center. (Don Myers, Assistant County Administrator) 2 A-010499-3 HOM MOTION TO APPROVE REPLACEMENT URC E. RECESS RECESS AT 4:30 P.M. F. MEETING WITH ROANOKE VALLEY LEGISLATORS TO DISCUSS 1999 LEGISLATIVE PROGRAM. (Meeting will be held in the Fourth Floor Conference Room) HELD FROM 4:35 P.M. TO 5:40 P.M. ATTENDIN G WERE LEGISLATORS BO TRU MBO, VIC THOMAS JOHN EDWARDS AND MORG AN GRIFFITH. PMM PRES ENTED COU NTY LEGISLATIVE PR GRAM FOR 1999 DISCUSSIO N ON ED UCATION FUNDING, U SE OF LOTTERY MONEY, ANNEXATI ON MORAT ORIUM, 599 MONEY, RE GIONAL COMMERCE PARK, TRANSPORTATION DI STRICT, CATAWBA HO SPITAL, $2 00 TELEPHONE SURCHAR GE, RECYCLING. G. ADJOURNMENT BLJ ADJOURNED AT 5:41 P.M. 3 S ~~~~~ Off' pOANO,Y~ Z ~ ~ _ <, G ~ 2 ~~ ~ ~a ~~a~~# ~a ~ .~a~xx~~a.~.~ 1838 ROANOKE COUNTY BOARD OF SUPERVISORS ORGANIZATIONAL MEETING AGENDA JANUARY 4, 1999 - 4:00 P.M. PLEASE NOTE• FOLLOWING THE ORGANIZATIONAL MEETING, THE BOARD OF SUPERVISORS WILL MEET WITH THE ROANOKE VALLEY LEGISLATORS IN THE 4TH FLOOR CONFERENCE ROOM TO DISCUSS ROANOKE COUNTY'S LEGISLATIVE PROGRAM. A. OPENING CEREMONIES 1. Roll Call: 2. Invocation: Dr. Harry C. Nickens Roanoke County Board of Supervisors 3. Pledge of Allegiance B. ORGANIZATION OF COUNTY BOARD 1. Election of Officers a. Chairman b. Vice Chairman 2. Length of Term for Chairman and Vice Chairman 3. Resolution Establishing the Schedule for Board Meetings in 1999. (Paul Mahoney, County Attorney) C. FIRST READING OF ORDINANCES 1 ® Recycled Paper 1. First reading of ordinance amending Chapter 2 of the Roanoke County Code, Administration, by the addition of a new Article V, County Board Organization and Procedure, which establishes rules of organization and procedure for meetings of the Board of Supervisors. (Paul Mahoney, County Attorney) D. NEW BUSINESS 1. Request for approval of $500,000 settlement of $707,079.25 bill from the City of Roanoke. (Gary Robertson, Utility Director) 2. Report on replacement of underground storage tanks at the Public Service Center. (Don Myers, Assistant County Administrator) E. RECESS F. MEETING WITH ROANOKE VALLEY LEGISLATORS TO DISCUSS 1999 LEGISLATIVE PROGRAM. (Meetina will be held in the Fourth Floor Conference Rooml G. ADJOURNMENT 2 ~-' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON MONDAY, JANUARY 4, 1999 RESOLUTION 010499-1 ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 1999 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 1999, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 o'clock p.m. unless otherwise advertised. Tuesday, January 12, 1999, at 3:00 p.m. Tuesday, January 26, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, February 9, 1999, at 3:00 p. m. Tuesday, February 23, 1999, at 3:00 p. m. and 7:00 p. m. Tuesday, March 9, 1999, at 3:00 p.m. Tuesday, March 23, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, April 13, 1999, at 3:00 p.m. Tuesday, April 27, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, May 11, 1999, at 3:00 p. m. Tuesday, May 25, 1999, at 3:00 p. m. and 7:00 p. m. Tuesday, June 8, 1999, at 3:00 p.m. Tuesday, June 22, 1999, at 3:00 p. m. and 7:00 p. m. Tuesday, July 13, 1999, at 3:00 p.m. Tuesday, July 27, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, August 10, 1999, at 3:00 p.m. Tuesday, August 24, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, September 14, 1999, at 3:00 p.m. Tuesday, September 28, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, October 12, 1999, at 3:00 p.m. 1 Tuesday, October 26, 1999, at 3:00 p. m. and 7:00 p. m. Tuesday, November 9, 1999, at 3:00 p.m. Tuesday, November 23, 1999 at 3:00 p.m. and 7:00 p.m. Tuesday, December 7, 1999, at 3:00 p.m. Tuesday, December 21, 1999, at 3:00 p. m. and 7:00 p. m. 2. That the organizational meeting for 2000 shall be held on Monday, January 3, 2000 at 4:00 p. m. On motion of Supervisor Nickens to adopt the resolution with changes in December meeting dates to 12/7/99 and 12/21/99, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: J~ • v Mary H. Ilen, CMC/AAE Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney John M. Chambliss, Jr., Assistant Administrator Don C. Myers, Assistant Administrator 2 '-. ACTION N0. ITEM N0. ~ ~ 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 4, 1999 AGENDA ITEM: RESOLUTION ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 1999 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In January of every year the Board of Supervisors reorganizes itself by electing a chairperson and vice-chairperson, by establishing a meeting schedule for the upcoming year, and by adopting rules of procedure. The attached resolution suggests a meeting schedule for the calendar year 1999. A 1999 calendar with the resolution meeting dates circled is attached. Another item on this agenda establishes rules of procedure. In reviewing the proposed meeting schedule you should note the following: Regular meetings twice a month on the second and fourth Tuesdays (the evening public hearing meeting being scheduled for the fourth Tuesday of each month). The Roanoke County School Board has scheduled Spring Break for April 2 through 9, 1999. The Board has traditionally scheduled only one meeting in August. If the Board wants to continue this practice, then it is suggested that the Board consider August 17, 1999 as an alternative to August 10 and 24, 1999. The Virginia Association of Counties scheduled its annual meeting for the second weekend in November (in this case, November 7 through 9). Thanksgiving is scheduled for November 25, 1999. The Board has traditionally scheduled its meetings in November and December around Thanksgiving, Christmas and New Years Day. If the Board wants to continue this practice, then it is suggested that the Board consider November 16, 1999, December 7, 1999, and December 21, 1999 as alternative meeting dates. The 2000 organizational meeting is scheduled for Monday, January 3, 2000. STAFF RECOMMENDATION: It is recommended that the Board consider the adoption of the attached resolution. 1 ~~ Respectfully submitted, ` 1 Pau M. Mahoney County Attorney ,cam-3 Action Vote No Yes Abs Approved ( ) Denied ( ) Received ( ) Referred to Motion by McNamara Johnson Harrison Nickens Minnix U:\WPDOCS\AGENDA\GENERAL\ORGAN.RPT 2 1999 ., ~-3 JANUARY FEBRUARY MARCH WK S M T W T F S W K S M T W T F S W K $ M T W T F S 1 2 5< 1 2 3 4 5 6 9 1 2 3 4 5 6 ]- 3 4 5 6 7 8 9 6 7 8 9 10 11 12 13 10 7 8~ 10 11 12 13 2 10 11 12 13 14 15 16 7 14 15 16 17 18 19 20 11'' 14 15 16 17 18 19 20 3 17 18 19 20 21 22 23 8 21 22 23 24 25 26 27 12. 21 22 23 24 25 26 27 a 24 25 26 27 28 29 30 9 28 13 28 29 30 31 5 31 APRIL MAY JUNE WK S M T W T F S K S M T W T F S WK S M T W T F S 13, 1 2 3 l7 1 22=- 1 2 3 4 5 ]4 4 5 6 7 8 9 10 18 2 3 4 5 6 7 8 23 6 7 8 9 10 11 12 15' 11 12 13 14 15 16 17 19' 9 10 11 12 13 14 1.5 24` 13 14 15 16 17 18 19 16` 18 19 20 21 22 23 24 20 16 17 18 19 20 21 22 25 20 21 22 23 24 25 26 l7 25 26 27 28 29 30 21 23 24 25 26 27 28 29 26 27 28 29 30 22 30 31 JULY AUGUST SEPTEMBER WK S M T W T F S WK S M T W T F S WK 5 M T W T F S 26 1 2 3 31 1 2 3 4 5 6 7 35 1 2 3 4 27 4 5 6 7 8 9 10 32 8 9 10 11 12 13 14 36 5 6 7 8 9 10 1.1 2R 11 12 13 14 15 16 17 33 15 16 17 18 19 20 21 37 12 13 14 15 16 17 18 29' 18 19 20 21 22 23 24 34 22 23 24 25 26 27 28 38 19 20 21 22 23 24 25 30 25 26 27 28 29 30 31 35 29 30 31 39 26 27 28 29 30 OCTOBER NOVEMBER DECEMBER K S M T W T F S K S M T W T F 5 9K S M T W T F S 39 1 2 44 1 2 3 4 5 6 48 1 2 3 4 40 ' 3 4 5 6 7 8 9 4s 7 8 9 10 11 12 13 a9 5 6 7 8 9 10 11 41 10 11 O 13 14 15 16 4G 14 15 16 17 18 19 20 50 12 13 14 15 16 17 18 42 17 18 19 20 21 22 23 47 21 22 23 24 25 26 27 51 19 20 21 22 23 24 25 43 24 25 26 27 28 29 30 48 28 29 30 5z 26 27 28 29 30 31 44 31 PRODUC? k91 G24 N ~~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON MONDAY, JANUARY 4, 1999 RESOLUTION ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 1999 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 1999, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 o'clock p.m. unless otherwise advertised. Tuesday, January 12, 1999, at 3:00 p.m. Tuesday, January 26, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, February 9, 1999, at 3:00 p.m. Tuesday, February 23, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, March 9, 1999, at 3:00 p.m. Tuesday, March 23, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, April 13, 1999, at 3:00 p.m. Tuesday, April 27, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, May 11, 1999, at 3:00 p.m. Tuesday, May 25, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, June 8, 1999, at 3:00 p.m. Tuesday, June 22, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, July 13, 1999, at 3:00 p.m. Tuesday, July 27, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, August 10, 1999, at 3:00 p.m. Tuesday, August 24, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, September 14, 1999, at 3:00 p.m. Tuesday, September 28, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, October 12, 1999, at 3:00 p.m. Tuesday, October 26, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, November 9, 1999, at 3:00 p.m. Tuesday, November 23, 1999 at 3:00 p.m. and 7:00 p.m. Tuesday, December 14, 1999, at 3:00 p.m. Tuesday, December 28, 1999, at 3:00 p.m. and 7:00 p.m. 2. That the organizational meeting for 1999 shall be held on Monday, January 3, 2000 at 4:00 p.m. U:\WPDOCS\AGENDA\GENERAL\ORGAN.RPT 3 ACTION NO. ITEM N0. ~ "' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 4, 1999 AGENDA ITEM: Ordinance Amending Chapter 2 of the Roanoke County Code, ADMINISTRATION, by the Addition of a New Article V, COUNTY BOARD ORGANIZATION AND PROCEDURE, which establishes rules of organization and procedure for meetings of the Board of Supervisors COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This proposed ordinance establishes rules of procedure for meetings of the Roanoke County Board of Supervisors. These rules of procedure are based upon model rules of procedure developed by the International Municipal Legal Officer's Association (IMLA), and rules of procedure adopted by various local governments across the United States. This ordinance has been revised to incorporate the comments of the Board from its work session on this topic held on December 15, 1998. These revisions are reflected in this draft ordinance. These rules of procedure set out in written form many of the unwritten procedures followed by the County. Several Board members have suggested that a more formal set of written rules governing Board procedures be established. County citizens will benefit from the establishment of written rules of procedure by being better informed about the procedures of County Board governance. Confusion and uncertainty will be reduced, if not eliminated. Uniformity and consistency will be enhanced. The first reading of this proposed ordinance is scheduled for January 4, 1999, and the second reading is scheduled for January 12, 1999. This ordinance would be effective from and after its adoption. FISCAL IMPACTS: None. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the proposed ordinance. 1 Respectfully submitted, _ ,rl.~ Paul M. Mahoney County Attorney Approved ( ) Denied ( ) Received ( ) Referred to Action Vote No Yes Abs Motion by Harrison Johnson McNamara Minnix Nickens G:\ATTORNEY\PMM\BDPROCED.RPT 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 z~ 28 29 30 31 32 33 34 35 36 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON MONDAY, JANUARY 4, 1999 ORDINANCE AMENDING CHAPTER 2 OF THE ROANOKE COUNTY CODE, ADMINISTRATION, BY THE ADDITION OF A NEW ARTICLE V, COUNTY BOARD ORGANIZATION AND PROCEDURE, WHICH ESTABLISHES RULES OF ORGANIZATION AND PROCEDURE FOR MEETINGS OF THE BOARD OF SUPERVISORS WHEREAS, the first reading of this ordinance was held January 4, 1999; and the second reading was held January 12, 1999. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, that Chapter 2 of the Roanoke County Code, Administration, be amended by the addition of a new Article V. County Board Organization and Procedure, to read and provide as follows: ARTICLE V of CHAPTER 2 COUNTY BOARD ORGANIZATION AND PROCEDURE Section 2-101 Authority 2-102 Regular Meetings 2-103 Special Meetings 2-104 Study Sessions 2-105 Executive Sessions 2-106 Minutes 2-107 Supervisor Order Book 2-108 The Presiding Officer - Election and Duties 2-109 Call to Order - Presiding Officer 2-110 Roll Call 2-111 Quorum 2-112 Rules of Order 2-113 Order of Business 1 ~' - / 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 2-114 Agenda 2-115 Rules of Debate 2-116 Addressing the Board 2-117 Addressing the Board after Motion Made 2-118 Manner of Addressing the Board Time Limit 2-119 Silence Constitutes Affirmative Vote 2-120 Decorum 2-121 Enforcement of Decorum 2-122 Persons Authorized to Be Within the Podium 2-123 Members May File Protests against Board Action 2-124 Ordinances, Resolutions, Motions and Contracts 2-125 Reports and Resolutions to Be Filed with Clerk 2-126 Adjournment 2-127 Creation of Committees, Boards and Commissions 2-128 Suspension and Amendment of these Rules SECTION 2-101. Authority. The Charter of the County of Roanoke (Section 3.09) provides that the Board of Supervisors may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Board and until such time as they are amended or new rules are adopted. SECTION 2-102. Regular Meetings. (a) All regular meetings of the Board shall be open to the public, unless closed pursuant to state law. (b) The Board shall hold regular meetings on such days as may be prescribed by resolution at the annual organizational meeting in January o f each year , ~'A~1~t'Z'I'O-P ~r P ~~ i R 1 i ~ 1-i~~ sT-rn~ri'r `sr~irr~~"~rYYGYS-~e~r~r~ri i 2 ~-/ 1 2 , 3 4 but which shall not be less frequent than once a''month. 5 5 (c) Any meeting of the Board may be adjourned to a later date and ~ time, provided that no adjournment shall be for a longer period than s until the next regular meeting. 9 10 (d) All regular meetings of the Board shall be held in the Board 11 Meeting Room of the County. 12 13 (e) The Board may by resolution, when necessary, change the time 14 and place of the regular meeting. The resolution shall set forth the 15 circumstances necessitating such change. Such resolution shall be 16 published once in the official newspaper(s) at least twenty-four (24) 17 hours prior to the meeting to be held pursuant to the change. Twenty- 1s four (24) hours prior to the meeting to be held pursuant to such change, 19 the County Clerk shall give each Board member written notice, personally 20 or by registered mail, of any change from the regular meeting days 21 established by this section. 22 23 (f) Except for properly-called executive sessions as permitted by 24 state law, all regular meetings of the County Board and its official 25 committees of the Board shall be open to the media, freely subject to 26 recording by radio, television and photography at any time, provided that 27 such arrangements do not interfere with the orderly conduct of the 28 meetings under such rules as the Board may prescribe. 29 30 31 SECTION 2-103. Special Meetings. 32 33 (a) The Chair or two members of the Board may call special 34 meetings of the Board whenever in their opinion the public business may 35 require it. 3 c-i (b) Whenever a special meeting shall be called, notice in writing signed by the Chair of the Board or two members of the Board shall be filed with the Clerk and delivered upon each member of the Board either in person or by notice left at his place of residence or business, stating the date and hour of the meeting and the purpose for which such meeting is called, and no business shall be transacted at the meeting except such as is stated in the notice. (c) The notice `may be waived if all members `of the governing body attend the special meeting or sign a waiver. SECTION 2-104. Work Sessions. (a) The Board may meet informally in work sessions which shall be open to the general public, at the call of the County Administrator or of any member of the Board, to review forthcoming programs of the County, receive progress reports on current programs or projects, or receive other similar information from the County Administrator, provided that all discussions and conclusions thereon shall be informal. (b) Work sessions shall not continue past two (2) hours of their starting time unless the majority of those Board members present choose to continue. SECTION 2-105. Executive Sessions. Executive sessions or closed meetings may be held in accordance with the provisions of the Virginia Freedom of Information Act. 4 ~-/ SECTION 2-106. Minutes. (a) Minutes of all regular and special meetings and work sessions shall be recorded. Such minutes shall be maintained in the office of the Clerk of the Board of Supervisors. The minutes shall reflect: (1) The date, time and place of the meeting or session; (2) The members recorded as either present or absent; (3) A general description of all matters proposed, discussed or decided; and (4) Record of any votes taken. (b) Approval of minutes of all but executive meetings or sessions shall be considered at a regular Board meeting. It shall not be necessary to read the minutes prior to approval. Such minutes may be revised by the Clerk to correct spelling, numbering and other such technical defects. Prior to approval, any member may, through the Chair, request the privilege of amending or correcting the minutes to accurately reflect the substance of the prior meeting. If objection is made by any Board member to such amendment or correction, a majority vote of the Board shall be necessary for adoption of the correction or amendment. The Chair shall sign the adopted minutes. (c) The Clerk shall keep video or audio recordings of Board meetings for a period of twv five years after the date of that meeting. SECTION 2-107. Supervisor Order Book (a) A journal of all proceedings of the Board shall be kept by the Clerk and shall be entered in a book constituting the official record of the Board. 5 " / 1 (b) The journal of proceedings shall be open to public inspection, 2 except for proceedings of executive or closed meetings, as permitted by 3 state law. 4 5 6 SECTION 2-108. The Presiding Officer Election and Duties. 7 8 (a) The presiding officer of the Board shall be the Chair, who 9 shall be elected annually at the first meeting in January of each year, o by the Board members, from their membership. The Chair shall assume the 1 duties of the presiding officer immediately following his election. (b) The Chair shall preserve strict order and decorum at all regular and special meetings of the Board and confine members in debates to the question under discussion. (c) The Chair shall state every question coming before the Board, announce the decision of the Board on all subjects and decide all questions of order, subject, however, to an appeal to the Board, in which event a majority vote of the Board shall govern and conclusively determine such question of order. (d) The Chair shall vote on all questions, his name being called last. (e) The Board shall elect a Vice Chair annually at the` first" meetiriq iI1 Ja;~uary of each year by the Board members from their membership, who shall preside in the absence of the Chair. (f) During the absence of the Chair, the Vice Chair shall 6 -/ discharge the duties and exercise the powers and authority of the Chair. In the absence of the Vice Chair, the Chair shall appoint any member of the Board to preside in his absence. The Board member so chosen shall discharge the duties and exercise the powers and authority of the Chair. The member of the Board presiding, whether he be the Vice Chair or a member of the Board appointed by the Chair, shall vote on all questions before the Board during the time he is presiding. SECTION 2-109. Call to Order - Presiding Officer. (a) The Chair of the Board, or in his absence, the Vice Chair, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Board to order. (b) In the absence of the Chair or the Vice Chair, the County Administrator, shall call the Board to order, whereupon a temporary Chair shall be elected by the members of the Board then present. (c) Upon the arrival of the Chair or Vice Chair, the temporary Chair shall immediately relinquish the position of presiding officer upon the conclusion of the business immediately before the Board. SECTION 2-110. Roll Call. Before proceeding with the business of the Board, the Clerk or the Deputy Clerk shall call the roll of the members, and the names of those present shall be entered in the minutes. SECTION 2-111. Quorum. A majority of the members of the Board shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance shall adjourn to a later time when a quorum is present to transact business. 7 ~~~ 1 SECTION 2-112. Rules of Order. 2 3 ~~The Scott, Foresman Robert's Rules of Order Newly Revised (1990 4 Edition)" shall govern the proceedings of the Board in all cases, unless 5 ~t~ep Robert's Rules are in conflict with these rules. 6 SECTION 2-113. Order of Business. Promptly at the hour set by law on the day of each regular meeting, the members of the Board shall take their regular stations in the Board Meeting Room, and the business of the Board shall be taken up for consideration and disposition as follows, provided however, that the Chair may, during the meeting, rearrange items on the agenda to conduct the Board's business in a more expeditious manner, subject to consent of majority of the Board. Opening Ceremonies Requests to Postpone, Add To, or Change the Order of Agenda Items Proclamations, Resolutions, Recognitions and Awards Briefings New Business Request for Public Hearings and First Reading of Rezoning Ordinance- Consent Agenda First Reading of Ordinances Second Reading of Ordinances Appointments Consent Agenda Citizens' Comments and Communications Reports Work Sessions Executive Session [as required] Public Hearing and First Reading of Ordinances Public Hearing and Second Reading of Ordinances Reports and Inquiries of Board Members Adjournment 8 ~-/ 1 2 SECTION 2-114. Agenda. 3 4 (a) All reports, communications, ordinances, resolutions, contract 5 documents, or other matters to be submitted to the Board for 6 consideration shall be delivered to the ~lzrk County Administrator at 7 least three working days prior to each Board meeting. The County 8 Administrator, shall immediately remove and coordinate these items, and 9 with the Chairman, arrange a list of such matters according to the Order to of Business and furnish each member of the Board, the County 11 Administrator and the County Attorney with a copy of the same at least 12 twenty four (24) hours prior to the Board meeting and as far in advance 13 of the meeting as time for preparation will permit. 14 15 (b) None of the foregoing matters shall be presented to the Board 16 by administrative officials except those of an urgent nature, and the 17 same, when so presented, shall have the written approval of the County 18 Administrator before presentation. 19 20 (c) The agenda shall provide a time when any Board member may 21 bring before the Board any business that he feels should be deliberated 22 upon by the Board. These matters need not be specifically listed on the 23 agenda, but formal action on such matters shall be deferred until a 24 subsequent Board meeting, except that immediate action may be taken upon 25 the unanimous consent of all members of the 26 Board. 27 28 29 SECTION 2-115. Rules of Debate. 30 31 (a) The Chair or Vice Chair or such other member of the Board as 32 may be presiding may move, second and debate from the chair, subject only 33 to such limitations of debate as are by these rules imposed on all 34 members and shall not be deprived of any of the rights and privileges of 35 a Board member by reason of acting as the presiding officer. 9 1 (b) Every member desiring to speak shall address the Chair, and, 2 upon recognition by the presiding officer, shall confine himself to the 3 question under debate, avoiding all personalities and indecorous 4 language. 5 6 (c) A member, once recognized, shall not be interrupted when 7 speaking unless it is to be called to order, or as herein otherwise 8 provided. If a member, while speaking, be called to order, he shall 9 cease speaking until the question of order be determined, and, if in to order, he shall be permitted to proceed. 11 12 (d) The Board member moving the adoption of an ordinance or 13 resolution shall have the privilege of closing the debate. 14 15 (e) When any motion, resolution, or ordinance has been once acted 16 upon the Board, it cannot be considered again at the same meeting except 17 by a motion to reconsider. Any action of the Board, including final 18 action on applications for changes in land use classifications, motions 19 to suspend the rules, an affirmative vote to lay on the table or to take 20 from the table, shall be subject to a motion to reconsider. When a 21 motion to reconsider has been once acted upon, it (the motion to 22 reconsider) cannot be repeated on the same question unless the question 23 was amended when previously considered. A motion to reconsider any 24 action taken by the Board may be made only at the meeting such action was 25 taken or at the next regular meeting. Such motion must be made by one 25 of the prevailing side, but may be seconded by any member, and may be 27 made at anytime and have precedence over all other motions or while a 28 member has the floor; it shall be debatable. All motions to reconsider 29 shall be decided by a majority vote of the members present; provided a 30 quorum is `present. 31 32 (f) Upon passage of a motion to reconsider, the subject matter 33 shall be placed on the agenda of the next regular Board meeting for any 34 action the Board deems advisable. Upon passage of a motion to reconsider 35 on an application for change in land use classification, the subject 10 C'-/ matter shall be scheduled for a public hearing after publication of legal notice at a subsequent meeting of the Board. (g) When the Board wishes to annul some action it has previously taken and it is too late to reconsider the vote, a motion to rescind the objectionable resolution, order, or other proceeding may be made. Any action of the Board may be rescinded regardless of the time that has elapsed. A motion to rescind is not in order if action has already been taken which cannot be undone. (h) Nothing herein shall be construed to prevent any member of the Board from making or remaking the same or any other motion at a subsequent meeting of the Board. SECTION 2-116. Addressing the Board (a) Any person desiring to address the Board by oral communication shall first complete and file an appearance request form, and secure the permission of the presiding officer provided, however, that preference will be given to those persons who have notified the Clerk by noon of the day preceding the Board meeting of their desire to address the Board. SECTION 2-117. Addressing the Board after Motion Made. After a motion is made by the Board, no person shall address the Board without first securing the permission of the presiding officer to do so. SECTION 2-118. Manner of Addressing the Board - Time Limit. (a) Each person addressing the Board shall step up to the microphone in front of the podium, shall give his name and address in an audible tone of voice for the record, and unless further time is granted by the Board, shall limit his address to three minutes. 11 ~ -/ (b) All remarks shall be addressed to the Board as a body and not to any member thereof. (c) No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Board, without the permission of the presiding officer. (d) No question shall be asked a Board member except through the presiding officer. SECTION 2-119. Silence Constitutes Affirmative Vote. Unless a member of the Board states that he is not voting, his silence in failing to respond to a roll call shall be recorded as an affirmative vote. The ailence of a Board member upon a voice vote hall`be recorded as a vote with..... the majority action. SECTION 2-120. Decorum. (a) While the Board is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Board or disturb any member while speaking or refuse to obey the orders of the Board or its presiding officer, except as otherwise herein provided. (b) Any person making personal or impertinent, remarks or who shall become boisterous while addressing the Board shall be forthwith, by the presiding officer, barred from further audience before the Board, unless permission to continue be granted by a majority vote of the Board. SECTION 2-121. Enforcement of Decorum. 12 ~-/ (a) The Chief of Police, or such member or members of the Police Department as he may designate, may be called upon to act as Sergeant-at- Arms of the Board meetings. He, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Board meeting. (b) Upon instructions of the presiding officer, it shall be the duty of the Sergeant-at-Arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this Code, the complaint to be signed by the presiding officer. SECTION 2-122. Persons Authorized to Be within the Podium. No person, except County officials, their representatives and newspaper, radio, and television reporters, shall be permitted within the area in front of the podium without the express consent of the Board. SECTION 2-123. Members May File Protests against Board Action. Any Board member shall have the right to have the reasons for his dissent from, or protest against, any action of the Board entered in the minutes. SECTION 2-124. Ordinances, Resolutions, Motions and Contracts. (a) An enacted ordinance is a legislative act prescribing general, uniform, and permanent rules of conduct relating to the governmental affairs of the County. Board action shall be taken by ordinance when required by law, or to prescribe permanent rules of conduct which continue in force until repealed, or where such conduct is enforced by penalty. An enacted resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary 13 1 character. Board action shall be taken by resolution when required by 2 law and in those instances where an expression of policy more formal than 3 a motion is desired. An enacted motion/action is a form of action taken 4 by the Board to direct that a specific action be taken on behalf of the 5 County. A motion/action, once approved and entered into the record, is 6 the equivalent of a resolution in those instances where a resolution is 7 not required by law. Proclamations may be issued bj/ the Chair. s 9 (b) All ordinances shall be prepared by the County Attorney and 1o presented to the Board only in printed or type written form. No 11 ordinance shall be prepared for presentation to the Board unless ordered 12 by a majority vote of the Board, or requested in writing by the County 13 Administrator, or prepared by the County Attorney on his own initiative. 14 15 (c) All ordinances, resolutions and contract documents shall, 16 before presentation to the Board, have been approved as to form and 17 legality by the County Attorney or an authorized representative, and 18 shall have been examined and approved for administration by the County 19 Administrator or an authorized representative, where there are 20 substantive matters of administration involved. All such instruments 21 shall have first been referred to the head of the department under whose 22 jurisdiction the administration of the subject matter of the ordinance, 23 resolution or contract document would devolve and be approved by said 24 department head, provided, however, that if approval is not given, then 25 the same shall be returned to the County Administrator with a written 26 memorandum of the reasons why such approval is withheld. In the event 27 the questioned instrument is not redrafted to meet a department head 28 objection, or objection is not withdrawn and approval in writing given, 29 then the County Administrator shall so advise the Board and give the 3o reasons advanced by the department head for withholding approval. 31 32 (d) Ordinances, resolutions, and other matters or subjects 33 requiring action by the Board must be introduced and sponsored by a 34 member of the Board, except that the County Administrator or County 35 Attorney may present ordinances, resolutions and other matters or 14 -! 1 subjects to the Board, and any Board member may assume sponsorship 2 thereof by moving that such ordinances, resolutions, matters or subjects 3 be adopted; otherwise, they shall not be considered. 4 5 (e) No ordinance shall relate to more than one subject, which 6 shall be clearly expressed in its title, and no ordinance, or section ~ thereof, shall be amended or repealed unless the new ordinance contains 8 the title of the ordinance or section amended or repealed. 9 to (f) No ordinance or resolution appropriating money 11 , imposing taxes, or authorizing the borrowing of money shall 12 be passed except by a recorded roll call affirmative vote of a majority 13 of all members elected to the Board. 14 is (g) The Clerk shall prepare copies of all proposed ordinances for 16 distribution to all members of the Board at least seventy-two (72) hours 17 before the Board meeting at which the ordinance is to be introduced. If 18 the ordinance carries an emergency clause, copies of the ordinance must 19 be distributed at least twelve (12) hours prior to the meeting of the 20 Board at which said ordinance is to be considered. 21 22 (h) All ordinances shall have two (2) separate readings, but the 23 second shall never be had on the same day as the first reading. 24 25 (i) Ordinances introduced at a Board meeting shall not be finally 26 acted upon until at least the next official meeting, except that 27 emergency ordinances may be acted on immediately, and provided further 2s that an affirmative vote of at least four members of the Board shall be 29 required for the final passage of an emergency ordinance. 30 31 (j) The yeas and noes shall be taken upon the passage of all 32 ordinances and resolutions and entered upon the official record of the 33 Board. 34 35 (k) An affirmative vote of at least a majority of the members of 15 ,~ 1 the Board shall be necessary to pass an ordinance, but a resolution, 2 motion, or any other proposition may be adopted by a majority voting on 3 the issue. When any vote is called each Board member shall respond "yes 4 (aye)," "no," "abstain," o~r "pass" or "present." Any Board member who 5 responds "pass" shall be given an opportunity at the end of the roll call 6 to change his vote to "yes (aye)," "no," or "abstain." Any "pass" 7 response not so changed shall be recorded as an abstention. s 9 (1) In the event of a tie in votes on any motion, due to an to absence of a Board member, consideration of the motion shall be carried 11 over until the next regular meeting. In the event of a tie vote on any 12 motion due to an abstention, the motion shall be considered to have been 13 defeated. 14 15 (m) Upon passage, a number shall be assigned to each ordinance or 16 resolution by the Clerk. 17 18 (n) When passed by the Board, all ordinances and resolutions shall 19 be attested by the Clerk; and it shall be immediately filed and 20 thereafter preserved in the office of the Clerk. 21 22 (o) Any member of the County Board may request the Chair to direct 23 the County Administrator or County Attorney to have prepared proposed 24 ordinance(s) with such ordinance(s) to be placed on the agenda of the 25 next scheduled Board meeting, provided the ordinance(s) can be drafted 25 and distributed to members of the Board in accordance with time schedules 27 set forth in Section ~f} (g) of these rules. 28 29 (p) Any member of the County Board may request written legal 30 opinions, relating to County business, from the County Attorney. 31 32 (q) The County Attorney shall forthwith cause to have distributed 33 the subject ordinance or written legal opinion to all members of the 34 Board so that all members of the Board may be fully informed of the 35 status of County affairs. 16 •~ ~ ~- / (r) Any member of the Board may, for purposes of inquiry, request verbal opinion or advice on County legal matters directly from the County Attorney. SECTION 2-125. Reports and Resolutions to Be filed with Clerk. All reports and resolutions shall be filed with the Clerk and entered in the minutes. SECTION 2-126. Adjournment. A motion to adjourn shall always be in order and decided without debate. SECTION 2-127. Creation of Committees, Boards and Commissions. (a) The Board may create committees, boards, and commissions to assist in the conduct of the operation of the County government with such duties as the Board may specify not inconsistent with the County Charter or County Code. (b) Membership and selection of members shall be as provided by the Board if not specified by the County Charter or County Code. (c) Any committee, board, or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Board. (d) No committee so appointed shall have powers other than advisory to the Board or the County Administrator except as otherwise specified by the County Charter or County Code. SECTION 2-128. Suspension and Amendment of these Rules. 17 ~-/ 1 2 3 4 5 6 7 s 9 10 11 12 13 (a) Any provision of these rules not governed by the County Charter or County code may be temporarily suspended by a vote of a-t-wo- t-lrtrc~s~ four (4`) members of the Board. The vote on any such suspension shall be taken by yeses and noes and entered upon the record. (b) These rules may be amended, or new rules adopted, by a majority vote of all members of the Board, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Board meeting. That this ordinance shall be effective from and after its adoption. U:\WPDOCS\NIMLO.ORD 18 A-010499-2 ITEM NUMBER ~ " l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ACTION # MEETING DATE: January 4, 1999 AGENDA ITEM: Request for Appropriation of Funds for Roanoke County's Share of the Peters Creek Sewer Interceptor Replacement Project. COUNTY ADMINISTRATOR'S COMMENTS: ~/ /aped"` ~~~~~me~ BACKGROUND: In 1976, Roanoke City annexed much of the Peters Creek drainage shed. Although ownership of the sewer lines was transferred to Roanoke City, the county retained capacity in the sewer interceptor lines. The county share of capacity ranges from 55% to 89% of total capacity as shown on the attached exhibit "C". Summary of Information: As part of the consent order issued by the Department of Environmental Quality, Roanoke City has replaced much of this interceptor line. The line was replaced in order to reduce high levels of storm water inflow/infiltration in this area. The total cost of the project was $933,565.49. The staff from Roanoke City and Roanoke County has agreed that the county share of this project would be $500,000. Roanoke City has agreed to accept five annual installments of $100,000 as full payment. Fiscal Impact: Funds are available in the Sewer Fund unappropriated balance to cover these costs. Staff Recommendation: Staff recommends that the Board of Supervisors appropriate $500,000 from the sewer account to fund Roanoke County's share of the project. SUBMITTED BY: APPROVED: Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Fenton F Harrison to approve Johnson - x - Denied () settlement and appropriate funds Harrison - x - McNamara- x _ Received () Minnix _ x Referred () Nickens x To () - - cc: File Gary Robertson, Director, Utility Diane D. Hyatt, Director, Finance Utility Director •~; .. EXIiIBI'.fi ~ ~r' Ct' .. ... ' ALLOCATIOI~i OF CAPACITY IN AUT~TQEYTY ' OWNED SEWER' ~ • ' LINES LOCATED Iy~'AREA AN2IEXED 'JANUA%Y 1,' 1975 ' ' . ... IUD ... . .... MGD Mtn I.iVl"E£ttCCP',1'OR DESI~AT"I~1 TOTAL CAPACITY COC1t~TTY SHARE CI'1'Y SHARE x`lnkgx Cse~c Interc~:ptar 17.81 ~*ietering Sra~.) 13.29 .... 4.52 (New Li-ie} ...... ~ ....... . .Route 4b4 Fast Interceptnr ]..33~ (I~i~,tdr~g Sec .) .34 . 1.03 .. . 8ar~~harclt Interceptor ' 5.38 (rfeterir~g Sta.) 3.1.$ .. 2.2d M~ .Li.ck Int~rcepto= 4•.05 (I.i~ting Sec .) 3.20 ~ 0. $5 Peters Creek Drainage Area .. . . Pegs Creek Iiiterceptt~r •~ ~ ~~ Ik~oLs 1 to ~ ale 5b * ~ 9.8 ~ ~ (~~Ietering Sta . } 5 , 39 4.41 .. Manhole 56 to Manfx~le 83 ~ 5.9 (T~~.-~ng Sec . } 4.54. .. 1..3b . ._.. (7riGludes ~~177k3,~n A f7C'vtn .. ... . Manhole 83 to Manhole 100} ... .. ale 83 to M~hole 213 * ~ 0.90 (T.amitzztg Sec . } . 76~ .14 . Peters Cre~C Sub~ta3n .... • ' Norwood~Interceptor - 1.83 NOD 2.09 (Int.~of Peters ~ ~ I.87 ~ .22 . .. with"' aralle~.~ - 2.09 IUD P 'Creek' &' 1Vorw~od ~.. . . -:. . II1tPSGe~7tOr) Tf7TAL CAPA~.'ZTY . .... ....... Roazx~ke River Interceptor ~ - {At Barr~rdt ~. R:e~uainder of ~• ... .: ' ~ Station) County~Capacity 2.20 peters Creek Interceptor ~~ . ..... .. .. Mar~~le 21.3. to 225 ~ ...... 1.05 ....87 ..1.8 .. Ski ' `C Peters Creek Sul~nai-n '~" ** .... .... Manhole 422-423 x.50., .. .. . .... section * 1.,24 _..... 1.237----- _...003 .. .... Caxvins Creek ?'~ .. ..... .. M~.~hole 1.081 - 1488 ~ .48 -~ - - . 47 .. .. 4I .. (tn~ thc~ extent this line . .. Lies within the G`i.ty) - ... ... _...... .. . : , . ... . ti I~80 ' d ~ tr . St Z6 ~ ti ~ 1 nr 680Z-ZLL-£OZ ~ ~.~ 371C~1d0~ .~0 I~.Wf103 A-010499-3 ACTION # ITEM NUMBER ~ ""'-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE January 4, 1999 AGENDA ITEM: Report on Underground Storage Tanks at the Public Service Center COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: On November 25, 1998, the County was notified that three (3) underground fuel storage tanks (USTs), registered to Roanoke County and located at the Public Service Center on Kessler Mill Road (KMR), were not in cor~~pliance with U.S. Environmental Protection Agency standards that will go into effect on December 22, 1998. SUMMARY OF INFORMATION: At the meeting of the Board of Supervisors on December 15, 1998, two alternatives for bringing the tanks into compliance were presented: Alternative #A: Retrofit the existing UST systems in accordance with the UST regulations, utilizing the existing USTs, dispensers, dispenser island, lines and canopy. UST testing at a cost of $16,000 is required before proceeding with this option. If the USTs pass required testing then the tanks can be retrofitted at an estimated cost of $63,000 which includes the $16,000.. Alternative #B: Removal of the USTs and installation of new aboveground storage tank (AST) system, utilizing the existing dispensers and canopy, with new dispenser island and pad which are the same size as present. Estimated cost is $155,,900. 1 ~' ~'~ Since the County had no evidence to the contrary, both alternatives assumed that the tanks were not cathodically protected and that some corrosion had likely occurred. Under those circumstances, Alternative B was recommended as the most prudent course of action. However, the Board was also informed that, after the Board report was prepared, County personnel had been made aware of a test that could determine whether or not a tank is protected. The test was conducted and the tanks were determined to be protected. That introduced another alternative, which was referred to in the meeting as Alternative C. The Board gave its approval to pursue Alternative C and report results at this meeting. In pursuing Alternative C, It was determined that the structural integrity of the tanks are such that they may be retrofitted. Arrangements have been made for the retrofit at a price of $23,897.58. Although no specific completion date has been given, the contractor has assured us that the tanks will be back in operation prior to the end of February, 1999. FISCAL IMPACT: $23,897.58, with the following source of funds: 50% from the Capital Fund Unappropriated Balance $11,948.78 (To be replenished from year-end rollover) 25% from the Water I utility Fund 5,974.40 25% from the Sewer Utility Fund 5,974.40 Respectf lly submitted, ~. Don C. Myers Assistant County Administrator Approved, Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: H. Odell Minnix to approve Johnson _ x Denied () retrofitting Harrison _ x Received () McNamara- x Referred () Minnix _ x To () Nickens _ x cc: File Don C. Myers, Assistant County Administrator Diane D. Hyatt, Director, Finance Gary Robertson, Director, Utility AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 1, 1998 RESOLUTION 120198-5 ADOPTING A LEGISLATIVE PROGRAM FOR THE 1999 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 1999 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 1999 session of the Virginia General Assembly. NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 1999 session of the Virginia General Assembly for its favorable consideration and adoption. A. Education. Realizing that public education is the foundation of American. ,democracy and the cornerstone of our future economic well being, the County urges the General Assembly to consider favorably the following actions. 1) The General Assembly should enhance funding for public education, including increasing the funds available to the Literary Fund for local school capital construction or renovation projects. The General Assembly should increase funding for capital construction and renovation projects based upon the locality's local effort in support 1 of these capital projects. 2) Local school divisions should be authorized to establish opening dates for school. 3) Disparity funding should be based not only upon the number of students eligible for free or reduced fee lunches, but also upon the locality's local tax effort in support of education. Disparity funding should be based upon the composite index (which measures a locality's relative fiscal ability to provide its share of the cost of a local school system that meets the standards of quality) and the locality's local effort in support of that school system. 4) Roanoke County supports State funding at a level requested by the Higher Education Center Authority in order to complete the project located in the City of Roanoke. 5) Roanoke County supports second year funding in the biennial budget for the College of Health Sciences located in the City of Roanoke. B. Transportation and Highway SafetX. 1) Roanoke County supports additional new construction and maintenance funding for the Virginia Department of Transportation for secondary and primary roads. Additional funding for new construction projects will address critical transportation needs of all local governments. Additional maintenance funding shall be used for an expanded program to mow grass and weeds, and inspect and clean drainage pipes and culverts. 2) Roanoke County is in support of Roanoke Citys support of expanding 2 local authority to create transportation districts, to impose local option motor vehicle fuels taxes, and to expend these tax proceeds for local transportation improvements. C. Public Safety. 1) Roanoke County supports legislation appropriating funds and directing the State Compensation Board to modify staffing standards for local jails and court services positions for Sheriff s offices. 2) Roanoke County requests that Section 46.2-1001 be amended to add Roanoke County to the list of jurisdictions whose law-enforcement officers are authorized to perform vehicle safety inspections. 3) Roanoke County supports increasing the "Two-for-Life" funding for the benefit of rescue squads and the emergency medical services system to a "$4-for-Life" Program. 4) Amend sec. 56-414 to allow counties to regulate the sounding of train whistles at railroad crossings. 5) Amend Sec. 15.2-901 (weeds and trash) and 15.2-904 (inoperable motor vehicles) to allow enforcement through the use of civil penalties, as authorized for violations of zoning ordinances under Sec. 15.2-2209, or for violations of erosion and sediment control ordinances under Sec. 10.1-562.J. D. Environment. 1) Roanoke County supports amending Chapter 6.1, "Virginia Tire Tax" of Title 58.1, "Taxation" (a) to increase the tire tax from $.50 to $1.25, and (b) to direct and authorize the Department of Waste Management to utilize the increased Waste Tire Trust 3 Fund to remediate illegal or abandoned waste tire dumps. 2) Roanoke County supports allowing the disposal of land clearing vegetative debris (including tree stumps) in less expensive facilities in a manner not detrimental to the environment. 3) Roanoke County opposes legislation that would assess a fee on each ton of solid waste deposited in or with the Roanoke Valley Resource Authority. E. Local Taxation and Funding. 1) Roanoke County vigorously opposes any attempt to restrict or eliminate local sources of taxation, including personal property taxation and business and professional occupational licensing, unless local governments are guaranteed the opportunity to replace lost sources of local revenue with comparable, equivalent, independent sources of revenue to allow localities to fulfill their public service obligations. 2) Roanoke County supports continued and increased funding for the Comprehensive Services Act, the Virginia Community Juvenile Crime Control Act, the Family Preservation Act, local police departments (HB 599 funding), and the Regional Competitiveness Act. 3) Roanoke County supports increasing state aid for public libraries by $1.4 Million FY 2000; that the Commonwealth fully fund state aid by FY 2001; that sales tax exemptions be provided for organizations that support public libraries; and that the Commonwealth adopt and fund a statewide technology plan and Internet access for public libraries. The objective of such a plan will be to provide public libraries with the technological support for public, universal access to networked information. 4 4) Roanoke County supports authority to impose an additional one-half percent ('h%) local option sales tax. 5) Roanoke County supports authority to impose an additional charge of $2.00 per month per telephone line to fund rescue calls. 6) Roanoke County supports legislation amending Section 14.1-46.0:1 to increase the salary supplement for the Chairman of the Board of Supervisors from $1,800 to $2,500 per year. 7) Roanoke County supports an amendment to Sec. 36-49.1:1.F to allow all counties to impose liens for the recovery of the costs for spot blight removal in the manner currently allowed the urban county executive form of government. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to Senator John S. Edwards, Senator Malfourd W. "Bo" Trumbo, Delegate H. Morgan Griffith, Delegate Clifton uChip" Woodrum, Delegate C. Richard Cranwell, Delegate A. Victor Thomas; Mary F. Parker, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City ~~Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Fifth Planning District Commission, and the Virginia Association of Counties. On motion of Supervisor Nickens to adopt the resolution with his amendments, and carried by the following recorded vote: AYES: Supervisors Mihnix, Harrison, Nickens, Johnson NAYS: None 5 ABSENT: Supervisor McNamara A COPY TESTE: Mary H. AI en, CMC/AAE Clerk to the Board of Supervisors Cc: File Paul M. Mahoney, County Attorney The Honorable John S. Edwards The Honorable Malfourd W. "Bo" Trumbo The Honorable H. Morgan Griffith The Honorable Clifton "Chip" Woodrum The Honorable C. Richard Cranwell The Honorable A. Victor Thomas Mary F. Parker, Clerk, Roanoke City Council Roanoke City Council, Members Forest Jones, Clerk, Salem City Council Salem City Council, Members Carolyn S. Ross, Clerk, Vinton Town Council Vinton Town Council, Members Wayne Strickland, Executive Director, Fifth Planning District Commission James D. Campbell, Executive Director, Virginia Association of Counties 6 § 46.2-1001 Removal of unsafe vehicles; penalty Any motor vehicle, trailer, or semitrailer examined by alaw-enforcement officer certified to perform vehicle safety inspections and found to be operating with defective brakes, tires, wheels, steering mechanism, or any other condition which is likely to cause an accident or a breakdown of the motor vehicle, trailer, or semitrailer maybe removed from the highway and not permitted to operate again on the highway until the defects have been corrected and the law-enforcement officer has found the corrections to be satisfactory. Such law-enforcement officer may allow any motor vehicle, trailer, or semitrailer discovered to be in such an unsafe condition while being operated on the highway to continue in operation only to the nearest place where repairs can be safely effected and only if such operation is less hazardous to the public than to permit the motor vehicle, trailer, or semitrailer to remain on the highway. No person shall operate a motor vehicle, trailer, or semitrailer which has been removed from service as provided in the foregoing provisions of this section prior to correction and proper authorization by alaw-enforcement officer certified to perform vehicle safety inspection procedures. For the purpose of this section, the term "law-enforcement officer certified to perform vehicle safety inspections" shall include (i) State Police officers, and (ii) those law-enforcement officers of the City of Alexandria, the City of Chesapeake, the City of Fairfax, the City of Falls Church, the City of Lynchburg, the City of Manassas, the City of Norfolk, the City of Suffolk, the City of Virginia Beach, Arlington County, Chesterfield County, Fairfax County and any city contiguous thereto, Henrico County, Loudoun County, er Prince William County yr R©anoke~County who have satisfactorily completed a course of instruction as prescribed by the U.S. Department of Transportation, Federal Highway Administration, Bureau of Motor Carrier Safety, in federal motor carrier safety regulations, safety inspection procedures, and out-of-service criteria. Those law- enforcementofficers certified to place vehicles out of service must receive annual in-service training in current federal motor carver safety regulations, safety inspection procedures, and out-of-service criteria. The Superintendent of State Police shall be responsible for coordinating the annual in- service training. The agency administrator of the law-enforcement agencies authorized to perform vehicle safety inspections shall submit to the Department of State Police the names of each law- enforcementofficer certified to perform vehicle safety inspections who has satisfactorily completed a course of instruction as prescribed by the U.S. Department of Transportation, Federal Highway Administration, Bureau of Motor Carrier Safety. Every vehicle inspected by a local law-enforcement officer pursuant to this section and found to be free of defects which would constitute grounds for removal of the vehicle from service shall be issued a sticker as evidence of such inspection and freedom from defects. Such stickers shall be valid for ninety days. Any vehicle displaying a valid sticker shall be exempt from local or State Police inspections under this section. However, the fact that a vehicle displays a valid sticker shall not prevent any local or State Police officer from stopping and inspecting the vehicle if he observes an obvious safety defect. The Superintendent of State Police shall work cooperatively with local law- U: \W PDOCS\LEGIS\99\UNSAFE. V EH ~~ enforcement agencies of localities whose officers are authorized to perform inspections pursuant to this section to develop a standard sticker as provided for in this section and uniform policies and procedures for issuance and display of such stickers. However, notwithstanding the foregoing provisions of this section, before placing any vehicle out of service, the vehicle operator shall be allowed two hours to effect repairs to his vehicle. Such repairs may be performed at the site where the vehicle was inspected and found to be unsafe, provided the vehicle requiring repair is off the highway, where the repairs can be effected safely. If such repairs remedy the condition or conditions that would have caused it to betaken out of service, it shall not be taken out of service, but allowed to resume its operations. No such repairs, however, shall be allowed if the vehicle's load consists of hazardous material as defined in §10.1-1400. U:\WPDOCS\LEGIS\99\UNSAFE. VEH NEW LEGISLATION § 46.2-1138.3 County ordinance concerning weight limits on certain roads. A. The governing body of any county [ALTERNATIVE: Roanoke County] may adopt ordinances for the assessment of liquidated damages as to overweight vehicles in accordance with the liquidated damages under §46.2-1135. Such ordinance may provide that: 1. Upon a finding of a violation of any weight limit prescribed therein, the court shall assess the owner, operator or other persons causing the operation of such overweight vehicle at such rate and amount as maybe provided in such ordinance; 2. The assessment shall be entered by the court as a judgment for such county; The entry of such judgment shall constitute a lien upon the overweight vehicle; and 4. Such sum shall be paid to the treasurer of the county and allocated to the fund appropriated by the county (1) for secondary road construction and maintenance, (2) for expenditure of funds received from the Virginia Department of Transportation for incidental road construction, or any successor category, (3) for such minor construction items as road drainage improvements and minor curve or road improvements, (4) for the maintenance, construction, or reconstruction of highways within the county under Section 33.1-75.1, or (5) for the expenses of the county in the enforcement of the ordinance. B. Such ordinances may include additional provisions relating to the payment of such assessment and the enforcement powers applicable to such county and corresponding to the provisions of §§46.2-1131, 46.2-1133, 46.2-1134 and 46.2-1135, except that civil penalties, liquidated damages and weighing fees collected pursuant to such ordinances shall be paid to the county, and the county attorney or his designee shall represent the county in any court proceedings. O:\ATTORNEYVBO\POLICE\WEIOHTCO.DEl r § 15.2-901 Locality may provide for removal or disposal of trash, cutting of grass and weeds; penalty in certain counties Any locality may, by ordinance, provide that: 1. The owners of property therein shall, at such time or times as the governing body may prescribe, remove therefrom any and all trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of such locality; or may, whenever the governing body deems it necessary, after reasonable notice, have such trash, garbage, refuse, litter and other like substances which might endanger the health of other residents of the locality, removed by its own agents or employees, in which event the cost or expenses thereof shall be chargeable to and paid by the owners of such property and maybe collected by the locality as taxes are collected; 2. Trash, garbage, refuse, litter and other debris shall be disposed of in personally owned or privately owned receptacles that are provided for such use and for the use of the persons disposing of such matter or in authorized facilities provided for such purpose and in no other manner not authorized by law; 3. The owners of vacant developed or undeveloped property therein, including such property upon which buildings or other improvements are located, shall cut the grass, weeds and other foreign growth on such property or any part thereof at such time or times as the governing body shall prescribe; or may, whenever the governing body deems it necessary, after reasonable notice, have such grass, weeds or other foreign growth cut by its agents or employees, in which event the cost and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the locality as taxes are collected. No such ordinance adopted by any county shall have any force and effect within the corporate limits of any town. No such ordinance adopted by any county having a density of population of less than 500 per square mile shall have any force or effect except within the boundaries of platted subdivisions or any other areas zoned for residential, business, commercial or industrial use. 4 A uniform schedule'©f civil penalties for'violati©ns'be established. ° The ezisfence of a~'civiI enal ~. shall nor reclude other enforcement actions. This schedule of civil' enalties'sha p . ty ._,. _ p _ __ ... __. _ __- - __ _~_...... _. _ __ __ --~-- ~._~,.P__~ .. _ 11 be uriiforiri~for each type of specified violation, and the penalty for_any orie violation shall be"a"civil penalty of notinoretha11$100 for theinitial summons andnot more"than~$150 for each addrtiorial sununons. Each day during which the violation ~is found to have existed s1za11 constitute a separate .. n.,~, ... -._ . . _.. _. .. ,_._ ~.__ ....,K~ offense.- However; specifed violations .arising from the same~operative~set o~~actsshall riot be charged more:frequently than once in any ten day period, :and a series. of spec~fied~~olations arising from the same operati~~e;set of factsyshall not result in cis it penalti~which~eaceed a total of $3;000 Designation of a particular ordinance violation"for a civil penalty pursuantths section shall be in lieu of criminal sanctions and except for any.,.violation resulting iri'in~ury~to~pe"rsons s~ich designation shall ~t-eclude the prosecuhori of a viii ation~~s~a crrial nlisaeaior.3 .~.:k. v y .>. i.~YEri~zz .r.~ 4-.B~Wrrc .~: tlfAK~ .+i$i~`5.m. U:\WPDOCS\LEGIS\99\WEEDS.TRS -.. The locality through its agents or "employees may issue a civil summons as provided by law fora scheduled violation. Any person summoned or issued a tickef for a scheduled violation may make an appearance in person or in ~\Titing by mail to the department,of finance or the treasurer of the locality prior to the date fixed for trial in court. Any person so appearing may enter a waiver of _ . , . .. trial, admit liability, and pay the civil penalty established for the offense charged. Such persons shall _ ~.. .. be infornled of their"right to stand trial and that a signature to an adliiission of liability will have the same force. and effect as a judgment of court.; If a ersoncharged with a scheduled violation does not elect to enter a . p ._.. _ ,.._ . _ : .._~..~. _..~._ ~ .... waiver of trial and ~w _ .. admit liability, the violation shall be tried in the~general district court m the same manner and with ._ __ _ the same right of appealLas provided for bylaw In anyarial for a scheduled`vlolatlon authorized by .,. -- this section It: shall be the burden of the locality ~to~ show the llablhty of,the ~ violator by a re onderance of the.evidence An admission of liabili or fu1 ~ _~ e a criminal p p ty ding of 1 Viability shall not b ..... conviction for any purpose. Every chazge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (§58.1-3940 et seq.) and 4 (§58.1-3965 et seq.) of Chapter 39 of Title 58.1. U:\WPDOCS\LEGIS\99\W EEDS.TRS § 15.2-904 Authority to restrict keeping of inoperable motor vehicles, etc., on residential or commercial property; removal of such vehicles A. Any locality may, by ordinance, provide that it shall be unlawful for any person to keep, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned for residential or commercial or agricultural purposes any motor vehicle, trailer or semitrailer, as such are defined in §46.2-100, which is inoperable. Any locality in addition may, by ordinance, limit the number of inoperable motor vehicles which any person may keep outside of a fully enclosed building or structure, but which are shielded or screened from view by covers. As used in this section, an "inoperable motor vehicle" means any motor vehicle which is not in operating condition; or which for a period of sixty days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal. However, the provisions of this section shall not apply to a licensed business which on June 26, 1970, is regularly engaged in business as an automobile dealer, salvage dealer or scrap processor. B. Any locality may, by ordinance, further provide that: (i) the owners of property zoned for residential, commercial or agricultural purposes shall, at such time or times as the locality prescribes, remove therefrom any such inoperable motor vehicles, trailers or semitrailers that are not kept within a fully enclosed building or structure; (ii) such locality through its own agents or employees may remove any such inoperable motor vehicles, trailers or semitrailers, whenever the owner of the premises, after reasonable notice, has failed to do so; (iii) in the event such locality, through its own agents or employees, removes any such motor vehicles, trailers or semitrailers, after having given such reasonable notice, such locality may dispose of such motor vehicles, trailers or semitrailers after giving additional notice to the owner of the vehicle; (iv) the cost of any such removal and disposal shall be chargeable to the owner of the vehicle or premises and maybe collected by the locality as taxes are collected; and (v) every cost authorized by this section with which the owner of the premises has been assessed shall constitute a lien against the property from which the vehicle was -removed, the lien to continue until actual payment of such costs has been made to the locality. C Any localit ma b ordinance further ro~t~ide and establish a i~"ni orm scledule of civil' Y sY~ . Y ~ ._ ~ . ,_ P .....~-....~ .~ _...~ _ _.._ _ _ . penalties for ~~olations of this: ordinance. u,The, existence of a civil penalty_shall not;preclude other enfocement actions. This schedule ~of civil penalties shall be umfoim for;each~~type of specified N. _. __. _ _ _. L, . _ _ _~ __ >~_ ~, ~ ._ violatian, and the penalty for. any cne violation shalhbe a_civil penalty: of nod moreLthan__$100 for theme initial summons and not more tllari $'150 for each"additional summons Each daydunng_which the _ , _. w _ ~, s W ~. _ ,:. .~.. _~ .~ violation is found to have e~cisted shall constitute a separate offense yHowever~specified~~nolatioz~ s arising from the-same operative set of facts shall notbe_cliarged more frequently~thariyonce my fen-day period,^and a series of specified~;vviolations~~, from~'.the~same aperative~'set of~facts s~liall not,iesult in civil, eiialties r~vlu~h ;exc ed~"~total-o 3rt~00e~~~on ofwa~particularsord~iarce violatioiifor a civil'enalty tXrsu~"f~o~chon~sll~~e~frimui~ saiicfio~s~a d excc~f _.~ _.... ~ ~ ._.o... 1 ~ - fqr a-ny"..violatio~r~~ttitih~ ir~~n~`~irY~,~nsc ~c~ ~~ all;p~e~liide tlfe prosec,~tioii'of ~ vio~a~on~as ~ ~~' . ~ TheTocality tlirough~its agents or employees may:iss%ie~a ciyilWsufninons as provided by lavv for a~scheduled violation. Any person summaried or issued~a"tlcket for a scheduled violation may make an appearance in person or in writing by mail to he department of finance or the treasurer of the-locality prior to the date fixed for teal in court. Any person 5o: appearing may,enter a waiver of _,. trial, admit liability, and pay the civil penalty established for the offense charged:~Such;persons shall ___~. w. be informed of their right t~ "stan~d~ trial and that a signature to an admission of liab ~. _ , . 1... .- ~ ~ - ,~ .. _.. _... ihty will have the dame force and effect as a ~ud ent of court. admit liTf a person charged with a scheduled violation-does not elect to~enter a waiver of trial and a i i the vlolation shall be tried in the eneral dlstnct court mthe-same manner and . ,.... _ h',_ ~ .. _... , ,... ,_ ...., g ..~_~, __ _._ ... ~. -_-,~...~ ..~b._ ..._~~ .__. _.,.~~.. ..:.:with the same right of appeal as provided for by law. In any;trial forsa scheduled~violatiori~authonzed by ~. this. section, it shall be the burden, of. the locality ;to show thellabllity of the violator ~by;`a ,... ,... ..ti..,< ...,.., .. preponderance of the evidence. An adrrussi~ of liabili or f~d.Iri~~of lab{lity~shall~no~be a criminal ._.._._t_... ~a= ,_~,..,.,.. convlction for any purpose:. U:\WPDOCSU.EGIS\99\INOP.VEH § 58.1-641 Imposition of tire tax There is hereby levied and imposed upon every retailer of tires in the Commonwealth, in addition to all other taxes and fees of every kind now imposed by law, a tax of f~~e,~ one" dollar and twenty-five cents for each new tire sold by such retailer. U:\WPDOCSU.EGIS\99\TIRE.TX NEW LEGISLATION § 58.1-3813.1 Local Tax for Support of Rescue Squads A. Notwithstanding the rate limitations imposed under Sec. 58.1-3812, any county, city or town may impose a special tax on the consumers of the telephone service or services provided by any corporation coming within the provisions of Chapter 26 (Sec. 58.1-2600 et seq.); however, no such taxes shall be imposed on federal, state or local government agencies. The tax maybe imposed at a rate not to exceed two dollars per month per service number. Such tax shall be subject to the notification and jurisdictional provisions of Sec. 58.1- 3812. B. Any such taxes imposed by this section shall be utilized solely for the capital, operational, maintenance and personnel costs to support volunteer and salaried rescue squads and emergency medical technicians. C. For the purpose of compensating a telephone utility for accounting for and remitting the tax levied by this section, such telephone utility shall be allowed three percent of the amount of tax due and accounted for in the form of a deduction in submitting the return and paying the amount due by it. U:\WPDOCS\LEGIS\99\RESCUE.TAX § 14.1-46.01:1 (Effective until October 1, 1999) Alternative procedure for establishing salaries of boards of supervisors; limits; fringe benefits In lieu of other provisions of law, the boards of supervisors of the several counties may establish annually, by ordinance, and pay in monthly installments each of their members an annual salary pursuant to the following procedure and schedule: 1. On a date determined by the board of supervisors, not earlier than May 1 nor later than June 30 each year, the board, after public hearing pursuant to notice in the manner and form provided in § 15.1-504, shall establish by ordinance the salary of its members for the ensuing fiscal year not to exceed the maximums herein set out. 2. Counties within the following population brackets shall be allowed to set salaries for board members not to exceed the following amounts: Population Annual Salary 200,000 and over $ 15,000 105, 000 to 199, 999 13, 000 80,000 to 104,999 11,000 50, 000 to 79, 999 9, 000 25,000 to 49,999 7,000 15,000 to 24,999 5,500 X14, 999 and under 4, 000 The maximum annual salaries herein provided maybe adjusted in any year or years, by ordinance as above provided, by an inflation factor not to exceed five percent. 3. Any board of supervisors may fix, by ordinance as above provided, annually an additional sum to be paid as hereinabove provided to the chairman and vice-chairman of the board not to exceed $~;6~99 $2500`~£and $1,200, respectively, without regard to the maximum salary limits. 4. In addition to and without regard for the salary limits herein set out, any board of supervisors by resolution may grant to its members any or all of the fringe benefits in the manner and form as such benefits are provided for county employees or any of them. U:\ WPDOCS\LEGLS\99\SALARY.SUP § 36-49.1:1 Spot blight abatement authorized; procedure A. Notwithstanding any other provision of this article, an authority, or any county, city or town which does not have an authority, shall have the power to acquire or repair any blighted property, as defined in § 36-49, outside of a conservation or redevelopment area, by exercise of the powers of eminent domain provided in Title 25, and, further, shall have the power to hold, clear, repair, manage or dispose of such property for purposes consistent with this title. In addition, any county or city shall have the power to recover the costs of any repair or disposal of such property from the owner. This power shall be exercised only in accordance with the procedures set forth in this section. B. The chief executive or designated agency or authority of the county, city, or town shall make a preliminary determination that a property is blighted in accordance with this article. It shall notify the owner, specifying the reasons why the property is considered blighted. The owner shall have thirty days within which to respond with a plan to cure the blight within a reasonable time. C. If the owner fails to respond within the thirty-day period with a plan that is acceptable to the chief executive of the agency, authority or locality, the agency, authority or locality (i) may request the local planning commission to conduct a public hearing and make findings and recommendations that shall be reported to the governing body of the county, city, or town concerning the repair or other disposition of the property in question and (ii) in the event a public hearing is scheduled, shall prepare a plan for the repair or other disposition of the property. D. Not less than three weeks prior to the date of the public hearing before the planning commission, the commission shall provide by regular and certified mail, notice of such hearing to (i) the owner of the blighted property or the agent designated by him for receipt of service of notices ,.concerning the payment of real estate taxes within the locality; (ii) the abutting property owners in each direction, including those property owners immediately across the street or road from the property; and (iii) the representative neighborhood association, if any, for the immediate area. The notice shall include the plan for the intended repair or other disposition of the property. The notice of the public hearing shall be published at least twice, with not less than six days elapsing between the first and second publication in a newspaper published or having general circulation in the county, city, or town in which the property is located. The notice also shall be posted on the property. The notice shall specify the time and place of the hearing at which persons affected may appear and present their views, not less than six days nor more than twenty-one days after the second publication. E. The planning commission shall determine whether: 1. The owner has failed to cure the blight or present a reasonable plan to do so; 2. The property is blighted; 3. The plan for the repair or other disposition of the property is in accordance with the locally adopted comprehensive plan, zoning ordinances, and other applicable land use regulations; and 4. The property is located within an area listed on the National Register of Historic Places. In such instances, the planning commission shall consult with the locally established architectural review board, if any, regarding the proposed repair or other disposition of the property by the authority or governing body. F. The planning commission shall report its findings and recommendations concerning the property to the governing body. The governing body, upon receipt of such findings and recommendations, may, after an advertised public hearing, affirm, modify, or reject the planning commission's findings and recommendations. If the repair or other disposition of the property is approved, the authority, agency or locality may carry out the approved plan to repair or acquire and dispose of the property in accordance with the approved plan, the provisions of this section, and applicable law. , z'~)•9-,9991 y coun~ty~ cif~y; or tow shall have a lien on all property so repaired or acquired under an approved plan to recover the cost of (i) improvements made by such county, city or town to bring the blighted property into compliance with applicable building codes and (ii) disposal, if any. The lien authorized by this subsection shall be filed in the circuit court where the property is located and shall be subordinate to any prior liens of record. The governing body may recover its costs of repair from the owner of record of the property when the repairs were made at such time as the property is sold or disposed of by such owner. If the property is acquired by the governing body through eminent domain, the cost of repair maybe recovered when the governing body sells or disposes of the property. In either case, the costs of repair shall be recovered from the proceeds of any such sale. ..- G. Notwithstanding the provisions of this section, unless otherwise provided for in Title 36, if the blighted property is occupied for personal residential purposes, the governing body, in approving the plan, shall not allow for an acquisition of such property if it would result in a displacement of the person or persons living in the premises. The provisions of this subsection shall not apply to acquisitions, under an approved plan, by any county with the urban county executive form of government, any city or town totally contained within such county, any county giranted a charter by the"Geperal Assembly,~and any county with the county executive form of government which is adjacent to such county, any city with a population between 52,500 and 54,000, any city with a population between 110,000 and 120,000, and any city with a population between 200,000 and 210,000 of property which has been condemned for human habitation for more than one year. In addition, such county, city or town exercising the powers of eminent domain in accordance with Title 25, may provide for temporary relocation of any person living in the blighted property provided the relocation is within the financial means of such person. .,. H. In lieu of acquisition of blighted property by exercise of the powers of eminent domain as herein provided, and in lieu of the exercise of other powers granted in subsections A through F, any county with the urban county executive form of government, any county with the county executive form of government which is adjacent to such county, any county granted a chaffer by the General Elssernbly, any city with a population between 110,000 and 120,000, any city with a population between 52,000 and 53,000, any city with a population between 52,500 and 54,000, any city with a population between 200,000 and 210,000, and any town with a population between 14,000 and 15,000 may, by ordinance, declare any blighted property as defined in § 36-49 to constitute a nuisance, and thereupon abate the nuisance pursuant to § 15.2-900 or § 15.2-1115. Such ordinance shall be adopted only after written notice by certified mail to the owner or owners at the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records. I. The provisions of this section shall be cumulative and shall be in addition to any remedies for spot blight abatement that maybe authorized by law. U:\WPDOCSU.EGIS\99\SPOT.BLT O~ pOANp,Y~ ~ r ~ a rasa OFFICE OF THE COUNTY ATTORNEY P.O. BOX 29800 5204 BERNARD DRIVE PAUL M. MAHONEY ROANOKE, VIRGINIA 24018-0798 COUNTY ATTORNEY FAX (540) 772-2089 (54°> "x-2007 2 December 1998 The Honorable C. Richard Cranwell Virginia House of Delegates P. O. Box 459 Vinton, VA 24179 The Honorable H. Morgan Griffith Virginia House of Delegates P. O. Box 1250 Salem, VA 24153 The Honorable A. Victor Thomas Virginia House of Delegates 1301 Orange Avenue, NE Roanoke, VA 24012 Re: 1999 Legislative Program Gentlemen: gQ..~ JOSEPH B. OBENSHAIN SENIOR ASSISTANT COUNTY ATTORNEY VICKIE L. HUFFMAN ASSISTANT COUNTY ATTORNEY The Honorable John S. Edwards Virginia Senate P. O. Box 1179 Roanoke, VA 24006 (540) 772-2071 The Honorable Malfourd W. "Bo" Trumbo Virginia Senate P. O. Box 448 Fincastle, VA 24090 The Honorable Clifton A. Woodrum Virginia House of Delegates P. O. Box 1371 Roanoke, VA 24007 Enclosed you will find a copy of a Resolution adopted by the Roanoke County Board of Supervisors on December 1,1998. This Resolution is Roanoke County's Legislative Program for the 1999 session of the Virginia General Assembly. The Board of Supervisors shall meet on Monday, January 4, 1999, at 4:00 p.m. for its annual organizational meeting. The Board has requested that I invite you to meet with the Board members after the organizational meeting to discuss this Legislative Program. It is anticipated that the organizational meeting shall be brief. Therefore, could you meet with the Board of Supervisors at 4:15 p.m. on Monday, January 4,1999, at 5204 Bernard Drive to discuss Roanoke County's Legislative Program? Please contact Ms. Sue Patterson-Bane to advise us if you are able to attend. PMM/spb cc: Board of Supervisors Elmer C. Hodge r truly your ~~ ~~ Paul M. Mahon County Attorne ® Recycled Paper ~Ok . C[] , IJTILiTY DEPT . TEL ~ 1--54Q-3R7-F~'~0 pOft Dpte Y d papoe v Fex Note j / a v2 To ~~ ~.~ Fexr From Pno~er ACTION # ITEM NUMBER . AT A REGULAR MEETING OF 'THE BOARD OF SUPERVISORS OF ROANOK t3 COUNTY, 'VIItGTNIA HELD AT THE ROANOKE COUNTY pDNIINIgTRATION C}~:NTER ~VIEETIN~, DATE: January 4, 1999 AGENDA ITE ~+i' Request for Appropriation of Funds for Roanoke County's Share of the Peters Creek Sewer Interceptor Replacement Project. ~OL~NTY ApMINISTRATOR`S C:OMIvII?NTS: sncKC;xouxn: In 197b, Roanoke City annexed much of the Peters Creek drainage shed. Although ownershi ~~ of the sewer lines was transferred to Roanoke City, the county retained capacity in the sewer interceptor lines. The county share of capacity ranges from 55°lo to 89% of total capacity as shown, on the attached exhibit "C". ~ tim of Inform~,tion: As part ofthe consent order issued by the Department of Environmental Quality, Roanoke (~ity has replaced much of this interceptor 1'me. The line was replaced in order to reduce high levels cif storm water inflow/infiltration in this area. The total cost of the project was $933,565.49. "1'he staff from Roanoke City and Ror~nok® County has ageed that the county share of this project «~ould be $500,000. Roanoke City has agreed to accept five annual installments of $100,000 as full payment. .01 )Funds are available in the Sewer Fund unappropriated balance to cover these costs. F•Q'<. C~. ~JTILITY DEFT. TEL~l_~4C~-38~-~~~~?~ -~'-- Deg ~~ ~~ ~;:.;~ No UC~1 r u~ Staff recQmrnends that the Board of S~rpervisflrs appropri~tc $S~U,OOd from the sewer a~,cc~unt to fund ~.toanoke County's share of the project. SL7BMITTED BY: Gary Robe , P.E. Utility Director ACTI(?N APPROVED: Elmer C. ~-Todge County Administrator Approved () Motiom by: Denied () __._.~___ Receie-ed ( ) Referred to_ VOTE No Yes A~y~ Harrison ~. _.._. __ Johnsen ...` _ ~.. McI`~araaara ~,... ____ ..._ Minnix ____ .~ ..._ F~ickens ^... .~ __ RQK . C0 . UTILITY DEPT . TEL ~ 1-54th-v° r-6'30 Der 2~3 92 ~ ~ 31 PJo . G~?1 P .03 ' EX'HZBI'~ • ~i'Cn .. ... ALLOCATION OF CAPACITY IN ACIT~CR7=TY ' OWt~Eb SEWER . LINES LQCATED IN'•AREA ANN•EKED 'JANUARY I,' 1976 ' ... .... MCA TiJrFRQ:F'TC~R L~FSIG~ICN ~ TOTAL CAPACITY COIfi7TX SE1A'~? f.`~i'I'Y SHARE . ~.`lziker Meek Inte¢ccptor 17.$1 ~*4eteris*.g Sra•.) 13.29 ... 4:52 • (New Lf~s+e) • ..... . .. ...... . . .Route 4b0 Fast 'Ir-~CGeptor 7..33' (Lim~„1~g Sec .) .30 . ~ 1.03 . ~ Barriha~d~ 7rterceptor ' 5.38 Q~iate'ring Sta.) 3.1g .. 2.24 M~d.Li.ck Intercepter 4•.a5 (~imit~s~g sec.> 3.20 ~ o.8s Peters ~Yeek D~~r~.ge Area .. .. Peters Creek Iti'terceptor ~ • •...... .Ment~ole 1 to•Ma~1e 55 * 9.8~ •~t~,ete~rir~ Sta.) . ... 5.39 . . x.47. Manhole 56 to rfar~itale 83 * 5.9 (L~.miririg 5ec.) 4.54 - .~..,.~6 . ... (`Lricltu~es Stisba~n A from .... Y •. ... • Manhole 83 to F~azatmle 100) .. . Mst~hale 83 to M~ihole 21.3 * 0.90 (limf.ting Sec .) . 7b. . 34 . Peters Creels S~a3n .... Nozvaoad • Inte2ceptor -1..83 P'iGb 2. a9 ~7s~t, ~ o~ Pet}rs ~ • ' ' T .87 ~ . .... . 22 . ~~ ••pa~.Le~.• - 2. a~ rev . ~ ~~ Narwvna ~ Creek . .... , 7nt~r~e~~> TcrrAL cAP,~czx~ . ..... ...... Rnanake River Snte~ceptar ~ 3t Mme' . ~ oc c .. • Station) ~.ty 2.20 . Peters Creek 7nterceptar ~* • ..... Manlwle 27.3• to 225 '~ •, . 1.05 ' . . St~iii "C' ...... Peters Creek Su~xiaain '~" ** ..,. . 1Ksi~ticle 422-423 15Q'' .. , .. .. . Caxw~l~s Creels ''k''' .. . Merle x.081 - 1088 * • ~ .. .. (rA~ the eactez~C tibia litre . l~.es arl.thin the City) .... . ' ...... . .. ... .... 1- of 2 Z~i80'd itr-Sti Z6. tT 1nL 680L-ZLZ-~OZ~~~ ....87 ..18 .. 1.237..... ...003 .. y , C/ .. ~, ~,,~: t~. ~" ... . 3~crtda~ .~~ ~4 ~ ~~o~ .~ ~ . ACTION N0. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 4, 1999 AGENDA ITEM: RESOLUTION ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 1999 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In January of every year the Board of Supervisors reorganizes itself by electing a chairperson and vice-chairperson, by establishing a meeting schedule for the upcoming year, and by adopting rules of procedure. The attached resolution suggests a meeting schedule for the calendar year 1999. Another item on this agenda establishes rules of procedure. In reviewing the proposed meeting schedule you should note the following: Regular meetings twice a month on the second and fourth Tuesdays (the evening public hearing meeting being scheduled for the fourth Tuesday of each month). The Roanoke County School Board has scheduled Spring Break for April 2 through 9, 1999. The Virginia Association of Counties scheduled its annual meeting for the second weekend in November (in this case, November 7 through 9). Thanksgiving is scheduled for November 25, 1999. The 2000 organizational meeting is scheduled for Monday, January 3, 2000. STAFF RECOMMENDATION: It is recommended that the Board consider the adoption of the attached resolution. Respectfully submitted, Paul M. Mahoney County Attorney 1 _, Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by McNamara Johnson Harrison Nickens Minnix Vote No Yes Abs U:\WPDOCS\AGENDA\GENERAL\ORGAN.RPT 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON MONDAY, JANUARY 4, 1999 RESOLUTION ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 1999 AND ADOPTING RULES OF PROCEDURE FOR SUCH MEETING BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 1999, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 o'clock p.m. unless otherwise advertised. Tuesday, January 12, 1999, at 3:00 p.m. Tuesday, January 26, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, February 9, 1999, at 3:00 p.m. Tuesday, February 23, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, March 9, 1999, at 3:00 p.m. Tuesday, March 23, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, April 13, 1999, at 3:00 p.m. Tuesday, April 27, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, May 11, 1999, at 3:00 p.m. Tuesday, May 25, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, June 8, 1999, at 3:00 p.m. Tuesday, June 22, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, July 13, 1999, at 3:00 p.m. Tuesday, July 27, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, August 10, 1999, at 3:00 p.m. Tuesday, August 24, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, September 14, 1999, at 3:00 p.m. Tuesday, September 28, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, October 12, 1999, at 3:00 p.m. Tuesday, October 26, 1999, at 3:00 p.m. and 7:00 p.m. Tuesday, November 9, 1999, at 3:00 p.m. Tuesday, November 23, 1999 at 3:00 p.m. and 7:00 p.m. Tuesday, December 14, 1999, at 3:00 p.m. Tuesday, December 28, 1999, at 3:00 p.m. and 7:00 p.m. 2. That the organizational meeting for 1999 shall be held on Monday, January 3, 2000. U:\WPDOCS\AGENDA\GENERAL\ORGAN.RPT 3 O~ EiOANp,~~ o , ~? 1838 OFFICE OF THE COUNTY ATTORNEY P.O. BOX 29800 5204 BERNARD DRIVE PAUL M. MAHONEY ROANOKE, VIRGINIA 24018-0798 COUNTY ATTORNEY FAX (540) 772-2089 ~sao~ nz-zoos December 23, 1998 Chairman and Members Roanoke County Board of Supervisors Re: Rules of Procedure Gentlemen: JOSEPH B. OBENSHAIN SENIOR ASSISTANT COUNTY ATTORNEY VICKIE L. HUFFMAN ASSISTANT COUNTY ATTORNEY csao> ~~z-zml Attached you will find a revised copy of County Board Organization and Procedure. These revisions are based upon the Board comments and directions from your work session on December 15, 1998. I would like to direct the Board's attention to several sections for your consideration. Section 2-114 (c) provides a method by which a Board member can bring a business matter before the Board for deliberation, when that item is not listed on the agenda. Formal action is deferred until the next meeting. Immediate action may be taken upon the unanimous consent of all members of the Board. This section should be read in conjunction with Section 2-124 (o) which limits the ability of a Board member to place an item on the agenda without the approval of the chairman. Do these provisions adequately protect the rights of individual Board members? Finally, Section 2-128 provides that these rules may be temporarily suspended upon a vote of four members of the Board. Is this consistent with Section 2-114 (c)? After you have had an opportunity to review this revision, please call me with any additional changes. I will place this item on your organizational meeting agenda for January 4, 1999. Sincerely, ~~ Paul M. Mahone} County Attorney PMM/spb c: Elmer C. Hodge ® Recycled Paper 1 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ARTICLE V of CHAPTER 2 COUNTY BOARD ORGANIZATION AND PROCEDURE Section 2-101 Authority 2-102 Regular Meetings 2-103 Special Meetings 2-104 Study Sessions 2-105 Executive Sessions 2-106 Minutes 2-107 Supervisor Order Book 2-108 The Presiding Officer - Election and Duties 2-109 Call to Order - Presiding Officer 2-110 Roll Call 2-111 Quorum 2-112 Rules of Order 2-113 Order of Business 2-114 Agenda 2-115 Rules of Debate ' 2-116 Addressing the Board 2-117 Addressing the Board after Motion Made 2-118 Manner of Addressing the Council Time Limit 2-119 Silence Constitutes Affirmative Vote 2-120 Decorum 2-121 Enforcement of Decorum 2-122 Persons Authorized to Be within Rail 2-123 Members May File Protests against Council Action 2-124 Ordinances, Resolutions, Motions and Contracts 2-125 Reports and Resolutions to Be Filed with Clerk 2-126 Adjournment 2-127 Creation of Committees, Boards and Commissions 2-128 Suspension and Amendment of these Rules SECTION 2-101. Authority. The Charter of the County of Roanoke (Section 3.09) provides that the Board of Supervisors may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Board and until such time as they are amended or new rules are adopted. SECTION 2-102. Regular Meetings. (a) All regular meetings of the Board shall be open to the public, unless closed pursuant to state law. (b) The Board shall hold regular meetings on such days as may be 1 prescribed by resolution at the annual organizational meeting in January of each year, . but which shall not be less frequent than once a month. (c) Any meeting of the Board may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular meeting. (d) All regular meetings of the Board shall be held in the Board Meeting Room of the County. (e) The Board may by resolution, when necessary, change the time and place of the regular meeting. The resolution shall set forth the circumstances necessitating such change. Such resolution shall be published once in the official newspaper(s) at least twenty-four (24) hours prior to the meeting to be held pursuant to the change. Twenty- four (24) hours prior to the meeting to be held pursuant to such change, the County Clerk shall give each Board member written notice, personally or by registered mail, of any change from the regular meeting days established by this section. (f) Except for properly-called executive sessions as permitted by state law, all regular meetings of the County Board and its official committees oz the no_rd shall be open to the media, freely subject to recording by radio, television and photography at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings under such rules as the Board may prescribe. SECTION 2-103. Special Meetings. (a) The Chair or two members of the Board may call special meetings of the Board whenever in their opinion the public business may require it. (b) Whenever a special meeting shall be called, notice in writing signed by the Chair of the Board or two members of the Board shall be filed with the Clerk and delivered upon each member of the Board either in person or by notice left at his place of residence or business, stating the date and hour of the meeting and the purpose for which such meeting is called, and no business shall be transacted at the meeting except such as is stated in the notice. (c) The notice may be waived if all members of the governing bod,~ statnd the special meeting or sign a waiver. SECTION 2-104. Work Sessions. 2 (a) The Board may meet informally in work sessions which shall be open to the general public, at the call of the County Administrator or of any member of the Board, to review forthcoming programs of the County, receive progress reports on current programs or projects, or receive other similar information from the County Administrator, provided that all discussions and conclusions thereon shall be informal. (b) Work sessions shall not continue past two (2) hours of their starting time unless the majority of those Board members present choose to continue. SECTION 2-105. Executive Sessions. Executive sessions or closed meetings may be held in accordance with the provisions of the Virginia Freedom of Information Act. SECTION 2-106. Minutes. (a) Minutes of all regular and special meetings and work sessions shall be recorded. Such minutes shall be maintained in the office of the Clerk of the Board of Supervisors. The minutes shall reflect: (1) The date, time and place of the meeting or session; (2) The members recorded as either present or absent; (3) A general description of all matters proposed, discussed or decided; and (4) Record of any votes taken. (b) Approval of minutes of all but executive meetings or sessions shall be considered at a regular Board meeting. It shall not be necessary to read the minutes prior to approval. Such minutes may be revised by the Clerk to correct spelling, numbering and other such technical defects. Prior to approval, any member may, through the Chair, request the privilege of amending or correcting the minutes to accurately reflect the substance of the prior meeting. If objection is made by any Board member to such amendment or correction, a majority vote of the Board shall be necessary for adoption of the correction or amendment. The Chair shall sign the adopted minutes. (c) The Clerk shall keep video or audio recordings of Board meetings for a period of t~rv fi-,re years after the date of that meeting. SECTION 2-107. Supervisor Order Book (a) A journal of all proceedings of the Board shall be kept by the Clerk and shall be entered in a book constituting the official record of the Board. 3 (b) The journal of proceedings shall be open to public inspection, except for proceedings of executive or closed meetings, as permitted by state law. SECTION 2-108. The Presiding Officer Election and Duties. (a) The presiding officer of the Board shall be the Chair, who shall be elected annually at the first meeting in January of each year, by the Board members, from their membership. The Chair shall assume the duties of the presiding officer immediately following his election. (b) The Chair shall preserve strict order and decorum at all regular and special meetings of the Board and confine members in debates to the question under discussion. (c) The Chair shall state every question coming before the Board, announce the decision of the Board on all subjects and decide all questions of order, subject, however, to an appeal to the Board, in which event a majority vote of the Board shall govern and conclusively determine such question of order. (d) The Chair shall vote on all questions, his name being called last. (e) The Board shall elect a Vice Chair annually at the first muting _nJanuary cf eacn year by the Board members from their membership, who shall preside in the absence of the Chair. (f) During the absence of the Chair, the Vice Chair shall discharge the duties and exercise the powers and authority of the Chair. In the absence of the Vice Chair, the Chair shall appoint any member of the Board to preside in his absence. The Board member so chosen shall discharge the duties and exercise the powers and authority of the Chair. The member of the Board presiding, whether he be the Vice Chair or a member of the Board appointed by the Chair, shall vote on all questions before the Board during the time he is presiding. SECTION 2-109. Call to Order - Presiding Officer. (a) The Chair of the Board, or in his absence, the Vice Chair, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Board to order. (b) In the absence of the Chair or the Vice Chair, the County Administrator, shall call the Board to order, whereupon a temporary Chair shall be elected by the members of the Board then present. 4 (c) Upon the arrival of the Chair or Vice Chair, the temporary Chair shall immediately relinquish the position of presiding officer upon the conclusion of the business immediately before the Board. SECTION 2-110. Roll Call. Before proceeding with the business of the Board, the Clerk or the Deputy Clerk shall call the roll of the members, and the names of those present shall be entered in the minutes. SECTION 2-111. Quorum. A majority of the members of the Board shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance shall adjourn to a later time when a quorum is present to transact business. SECTION 2-112. Rules of Order. "The Scott, Foresman Robert's Rules of Order Newly Revised (1990 Edition)" shall govern the proceedings of the Board in all cases, unless try Robert's F.ules are in conflict with these rules. SECTION 2-113. Order of Business. Promptly at the hour set by law on the day of each regular meeting, the members of the Board shall take their regular stations in the Board Meeting Room, and the business of the Board shall be taken up for consideration and disposition as follows, provided however, that the Chair may, during the meeting, rearrange items on the agenda to conduct the Board's business in a more expeditious manner, subject to conse.~t or majority of the Board. Opening Ceremonies Requests to Postpone, Add To, or Change the Order of Agenda Items Proclamations, Resolutions, Recognitions and Awards Briefings New Business Request for Public Hearings and First Reading of Rezoning Ordinance- Consent Agenda First Reading of Ordinances Second Reading of Ordinances Appointments Consent Agenda Citizens' Comments and Communications Reports Work Sessions Executive Session [as required] Public Hearing and First Reading of Ordinances Public Hearing and Second Reading of Ordinances Reports and Inquiries of Board Members Adjournment 5 SECTION 2-114. Agenda. (a) All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Board for consideration shall be delivered to the irk Counter P_c~rnin=strator at least three working days prior to each Board meeting. The County Administrator, shall immediately remove and coordinate these items, and with the Chairman, arrange a list of such matters according to the Order of Business and furnish each member of the Board, the County Administrator and the County Attorney with a copy of the same at least twenty four (24) hours prior to the Board meeting and as far in advance of the meeting as time for preparation will permit. (b) None of the foregoing matters shall be presented to the Board by administrative officials except those of an urgent nature, and the same, when so presented, shall have the written approval of the County Administrator before presentation. (c) The agenda shall provide a time when any Board member may bring before the Board any business that he feels should be deliberated upon by the Board. These matters need not be specifically listed on the agenda, but formal action on such matters shall be deferred until a subsequent Board meeting, except that immediate action may be taken upon the unanimous cor_ser_t of all members of the Board. SECTION 2-115. Rules of Debate. (a) The Chair or Vice Chair or such other member of the Board as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Board member by reason of acting as the presiding officer. (b) Every member desiring to speak shall address the Chair, and, upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (c) A member, once recognized, shall not be interrupted when speaking unless it is to be called to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed. (d) The Board member moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. (e) When any motion, resolution, or ordinance has been once acted upon the Board, it cannot be considered again at the same meeting except by a motion to reconsider. Any action of the Board, including final action on applications for changes in land use classifications, motions 6 to suspend the rules, an affirmative vote to lay on the table or to take from the table, shall be subject to a motion to reconsider. When a motion to reconsider has been once acted upon, it (the motion to reconsider) cannot be repeated on the same question unless the question was amended when previously considered. A motion to reconsider any action taken by the Board may be made only at the meeting such action was taken or at the next regular meeting. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at anytime and have precedence over all other motions or while a member has the floor; it shall be debatable. All motions to reconsider shall be decided by a majority vote of the members present;; provided a quokum is present. (f) Upon passage of a motion to reconsider, the subject matter shall be placed on the agenda of the next regular Board meeting for any action the Board deems advisable. Upon passage of a motion to reconsider on an application for change in land use classification, the subject matter shall be scheduled for a public hearing after publication of legal notice at a subsequent meeting of the Board. (g) When the Board wishes to annul some action it has previously taken and it is too late to reconsider the vote, a motion to rescind the objectionable resolution, order, or other proceeding may be made. Any action of the Board may be rescinded regardless of the time that has elapsed. A motion to rescind is not in order if action has already been taken which cannot be undone. (h) Nothing herein shall be construed to prevent any member of the Board from making or remaking the same or any other motion at a subsequent meeting of the Board. SECTION 2-116. Addressing the Board (a) Any person desiring to address the Board by oral communication shall first complete and file an appearance request form, and secure the permission of the presiding officer provided, however, that preference will be given to those persons who have notified the Clerk by noon of the da;% preceding the Board meeting of their desire to address the Board. SECTION 2-117. Addressing the Board after Motion Made. After a motion is made by the Board, no person shall address the Board without first securing the permission of the presiding officer to do so. SECTION 2-118. Manner of Addressing the Board - Time Limit. (a) Each person addressing the Board shall step up to the microphone in front of the podium, shall give his name and address in an audible tone of voice for the record, and unless further time is granted by the Board, shall limit his address to three minutes. (b) All remarks shall be addressed to the Board as a body and not 7 to any member thereof. (c) No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Board, without the permission of the presiding officer. (d) No question shall be asked a Board member except through the presiding officer. SECTION 2-119. Silence Constitutes Affirmative Vote. Unless a member of the Board states that he is not voting, his silence in failing to respond to a roll call shall be recorded as an affirmative vote. The silence of a Board member upon a ~,oice vote snail be recorded as a vote with the majority action. SECTION 2-120. Decorum. (a) While the Board is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Board or disturb any member while speaking or refuse to obey the orders of the Board or its presiding officer, except as otherwise herein provided. (b) Any person making personal ar impertinent, remarks or who shall become boisterous while addressing the Board shall be forthwith, by the presiding officer, barred from further audience before the Board, unless permission to continue be granted by a majority vote of the Board. SECTION 2-121. Enforcement of Decorum. (a) The Chief of Police, or such member or members of the Police Department as he may designate, may be called upon to act as Sergeant-at- Arms of the Board meetings. He, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Board meeting. (b) Upon instructions of the presiding officer, it shall be the duty of the Sergeant-at-Arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this Code, the complaint to be signed by the presiding officer. SECTION 2-122. Persons Authorized to Be within the Podium. No person, except County officials, their representatives and newspaper, radio, and television reporters, shall be permitted within the area in front of the podium without the express consent of the Board. 8 1 SECTION 2-123. Members May File Protests against Board Action. 2 3 Any Board member shall have the right to have the reasons for his 4 dissent from, or protest against, any action of the Board entered in the 5 minutes. SECTION 2-124. Ordinances, Resolutions, Motions and Contracts. ~o (a) An enacted ordinance is a legislative act prescribing general, 11 uniform, and permanent rules of conduct relating to the governmental 12 affairs of the County. Board action shall be taken by ordinance when 13 required by law, or to prescribe permanent rules of conduct which 14 continue in force until repealed, or where such conduct is enforced by 15 penalty. An enacted resolution is an administrative act which is a 16 formal statement of policy concerning matters of special or temporary 17 character. Board action shall be taken by resolution when required by 18 law and in those instances where an expression of policy more formal than 19 a motion is desired. An enacted motion/action is a form of action taken 20 by the Board to direct that a specific action be taken on behalf of the 21 County. A motion/action, once approved and entered into the record, is 22 the equivalent of a resolution in those instances where a resolution is 23 not required by law. :Proclamations may be issued by the Char. 24 25 (b) All ordinances shall be prepared by the County Attorney and 26 presented to the Board only in printed or type written form. No 27 ordinance shall be prepared for presentation to the Board unless ordered 2s by a majority vote of the Board, or requested in writing by the County 29 Administrator, or prepared by the County Attorney on his own initiative. 30 31 (c) All ordinances, resolutions and contract documents shall, 32 before presentation to the Board, have been approved as to form and 33 legality by the County Attorney or an authorized representative, and 34 shall have been examined and approved for administration by the County 35 Administrator or an authorized representative, where there are 36 substantive matters of administration involved. All such instruments 37 shall have first been referred to the head of the department under whose 3s jurisdiction the administration of the subject matter of the ordinance, 39 resolution or contract document would devolve and be approved by said 4o department head, provided, however, that if approval is not given, then 41 the same shall be returned to the County Administrator with a written 42 memorandum of the reasons why such approval is withheld. In the event 43 the questioned instrument is not redrafted to meet a department head 44 objection, or objection is not withdrawn and approval in writing given, 45 then the County Administrator shall so advise the Board and give the 46 reasons advanced by the department head for withholding approval. 47 48 (d) Ordinances, resolutions, and other matters or subjects 49 requiring action by the Board must be introduced and sponsored by a 5o member of the Board, except that the County Administrator or County 51 Attorney may present ordinances, resolutions and other matters or 52 subjects to the Board, and any Board member may assume sponsorship 53 thereof by moving that such ordinances, resolutions, matters or subjects 9 be adopted; otherwise, they shall not be considered. (e) No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance, or section thereof, shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed. (f) No ordinance or resolution appropriating money imposing taxes, or authorizing the borrowing of .money shall be passed except by a recorded roll call affirmative vote of a majority of all members elected to the Board. (g) The Clerk shall prepare copies of all proposed ordinances for distribution to all members of the Board at least seventy-two (72) hours before the Board meeting at which the ordinance is to be introduced. If the ordinance carries an emergency clause, copies of the ordinance must be distributed at least twelve (12) hours prior to the meeting of the Board at which said ordinance is to be considered. (h) All ordinances shall have two (2) separate readings, but the second shall never be had on the same day as the first reading. (i) Ordinances introduced at a Board meeting shall not be finally acted upon until at least the next official meeting, except that emergency ordinances may be acted on immediately, and provided further that an affirmative vote of at least four members of the Board shall be required for the final passage of an emergency ordinance. (j) The yeas and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the Board. (k) An affirmative vote of at least a majority of the members of the Board shall be necessary to pass an ordinance, but a resolution, motion, or any other proposition may be adopted by a majority voting on the issue. When any vote is called each Board member shall respond "yes (aye)," "no," "abstain," o-r "pass" or "present." Any Board member who responds "pass" shall be given an opportunity at the end of the roll call to change his vote to "yes (aye)," "no," or "abstain." Any "pass" response not so changed shall be recorded as an abstention. (1) In the event of a tie in votes on any motion, due to an absence of a Board member, consideration of the motion shall be carried over until the next regular meeting. In the event of a tie vote on any motion due to an abstention, the motion shall be considered to have been defeated. (m) Upon passage, a number shall be assigned to each ordinance or resolution by the Clerk. (n) When passed by the Board, all ordinances and resolutions shall be attested by the Clerk; and it shall be immediately filed and thereafter preserved in the office of the Clerk. 10 (o} Any member of the County Board may request the Chair to direct the County Administrator or County Attorney to have prepared proposed ordinance(s) with such ordinance(s) to be placed on the agenda of the next scheduled Board meeting, provided the ordinance(s) can be drafted and distributed to members of the Board in accordance with time schedules set forth in Section -(~- ''{'g )` of these rules . (p) Any member of the County Board may request written legal opinions, relating to County business, from the County Attorney. (q) The County Attorney shall forthwith cause to have distributed the subject ordinance or written legal opinion to all members of the Board so that all members of the Board may be fully informed of the status of County affairs. (r) Any member of the Board may, for purposes of inquiry, request verbal opinion or advice on County legal matters directly from the County Attorney. SECTION 2-125. Reports and Resolutions to Be filed with Clerk. All reports and resolutions shall be filed with the Clerk and entered in the minutes. SECTION 2-126. Adjournment. A motion to adjourn shall always be in order and decided without debate. SECTION 2-127. Creation of Committees, Boards and Commissions. (a) The Board may create committees, boards, and commissions to assist in the conduct of the operation of the County government with such duties as the Board may specify not inconsistent with the County Charter or County Code. (b) Membership and selection of members shall be as provided by the Board if not specified by the County Charter or County Code. (c) Any committee, board, or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Board. (d) No committee so appointed shall have powers other than advisory to the Board or the County Administrator except as otherwise specified by the County Charter or County Code. SECTION 2-128. Suspension and Amendment of these Rules. (a) Any provision of these rules not governed by the County Charter or County code may be temporarily suspended by a vote of ~a--t~ro- -rr~~ four (4) members of the Board. The vote on any such suspension 11 1 shall be taken by yeses and noes and entered upon the record. 2 3 (b) These rules. may be amended, or new rules adopted, by a 4 majority vote of all members of the Board, provided that the proposed 5 amendments or new rules shall have been introduced into the record at a 6 prior Board meeting. 8 U:\WPDOCS\NIMLO.ORD 12 -. ~ F C -I .a -, ~ /~ ~ ~-,>~ ~ t o - ._. ~ ~ ,,, a .~, . r ~. ; a~~ `~. VI~ H~ERo 82 ***NOTE*** NEW TELEPHONE NO. (540) 853-2602 NEW FAX NO. (540) 853-2773 December 14, 1998 ~~~~~ Mr. Gary Robertson, P.E. Utility Director County of Roanoke 1206 Kessler Mill Road Roanoke, VA 24153 Dear Gary: D f C 1 5 199 Your November 24, 1998 letter regarding the $500,000 settlement of the previous $707,079.85 bill has been reviewed with our Director of Finance, James D. Grisso. In accordance with the attached memo of recommendation and his concurrence, we agree to accept $100,000 per year for five annual installments as full payment. Please remit the first installment as soon as possible. KBK:afm Attachment cc: James D. Grisso, Director of Finance ~~° a, Director of Utilities & Operations Respectfully, /' _ : _' ~, Kit B. Kiser, Director Utilities & Operations Room 354 Municipal building 215 Church Avenue, S.W. Roanoke, Virginia 2401 1 (703) 981-2602