RULES OF PROCEDURE

                              ALBEMARLE BOARD OF COUNTY SUPERVISORS

 

 

 

A.         Officers

 

1.         Chairman. The Board at its annual meeting shall elect a Chairman who, if present, shall preside at such meeting and at all other meetings during the year for which elected.  In addition to being presiding officer, the Chairman shall be the head official for all the Board’s official functions and for ceremonial purposes.  He shall have a vote but no veto.  (Virginia Code Sections 15.2‑1422 and 15.2‑1423)

 

2.         Vice‑Chairman. The Board at its annual meeting shall also elect a Vice‑Chairman, who, if present, shall preside at meetings in the absence of the Chairman and shall discharge the duties of the Chairman during his absence or disability. (Virginia Code Section 15.2‑1422)

 

3.         Term of Office. The Chairman and Vice‑Chairman shall be elected for one‑year terms; but either or both may be re‑elected for one or more additional terms.  (Virginia Code Section 15.2‑1422)

 

4.         Absence of Chairman and Vice-Chairman.  If the Chairman and Vice Chairman are absent from any meeting, a present member shall be chosen to act as Chairman.

 

B.         Clerk and Deputy Clerks

 

The Board at its annual meeting shall designate a Clerk and one or more Deputy Clerks who shall serve at the pleasure of the Board.  The duties of the Clerk shall be those set forth in Virginia Code Section 15. 2‑1539 and such additional duties set forth in resolutions of the Board as adopted from time to time.  (Virginia Code Section 15.2‑1416)

 

C.         Meetings

 

1.         Annual Meeting.  The first meeting in January held after the newly elected members of the Board shall have qualified, and the first meeting held in January of each succeeding year, shall be known as the annual meeting. At such annual meeting, the Board shall establish the days, times, and places for regular meetings of the Board for that year. (Virginia Code Section 15.2-1416)

 

 

 2.        Regular Meetings.  The Board shall meet in regular session on such day or days as has been established at the annual meeting.  The Board may subsequently establish different days, times, or places for such regular meetings by passing a resolution to that effect in accord with Virginia Code Section 15.2‑1416.  If any day established as a regular meeting day falls on a legal holiday, the meeting scheduled for that day shall be held on the next regular business day without action of any kind by the Board. (Virginia Code Section 15.2‑1416)

 

If the Chairman (or Vice Chairman, if the Chairman is unable to act) finds and declares that weather or other conditions are such that it is hazardous for Board members to attend a regular meeting, such meeting shall be continued to the next regular meeting date.  Such finding shall be communicated to the members of the Board and to the press as promptly as possible.  All hearings and other matters previously advertised shall be conducted at the continued meeting and no further advertisement shall be required.  (Virginia Code Section 15.2‑1416)

 

Regular meetings, without further public notice, may be adjourned from day to day or from time to time or from place to place, not beyond the time fixed for the next regular meeting, until the business of the Board is complete.  (Virginia Code Section 15.2‑1416)

 

3.         Special Meetings.  The Board may hold special meetings as it deems necessary at such times and places as it deems convenient.  A special meeting may be adjourned from time to time as the Board finds necessary and convenient.  (Virginia Code Section 15.2‑1417)

 

A special meeting shall be held when called by the Chairman or requested by two or more members of the Board.  The call or request shall be made to the Clerk of the Board and shall specify the matters to be considered at the meeting.  Upon receipt of such call or request, the Clerk, after consultation with the Chairman, shall immediately notify each member of the Board, the County Executive, and the County Attorney.  The notice shall be in writing and delivered to the person or to his place of residence or business.  The notice shall state the time and place of the meeting and shall specify the matters to be considered.  No matter not specified in the notice shall be considered at such meeting unless all members are present.  The notice may be waived if all members are present at the special meeting or if all members sign a waiver for the notice.  (Virginia Code Section 15.2‑1418)  The Clerk shall notify the general news media of the time and place of such special meeting and the matters to be considered.

 

D.         Order of Business

 

The Clerk of the Board shall establish the agenda for all meetings in consultation with the Chairman.  The first two items on the agenda for each regular meeting of the Board shall be the Pledge of Allegiance and a moment for silent meditation. 

 

The procedures for receiving comment from the public for matters not on the agenda shall be at the discretion of the Board.  Unless otherwise decided, individuals will be allowed a three-minute time limit in which to speak during the time set aside on the agenda for “From the Public:  Matters Not Listed for Public Hearing on the Agenda”. 

 

            Zoning applications advertised for public hearing shall be on the agenda for public hearing on the advertised date unless the applicant submits a signed written deferral request to the Clerk of the Board no later than noon on Wednesday of the week prior to the scheduled public hearing.  The first request for a deferral will be granted administratively by the Clerk.  The Board will be notified of the deferral in the next Board package and the deferral will be announced at the earliest possible Board meeting to alert the public of the deferral.  Any request received later than the Wednesday deadline and any subsequent request for a deferral for the same application previously deferred will be granted only at the discretion of the Board by a majority vote. The deferral shall not be granted unless the Board determines that the reason for the deferral justifies the likely inconvenience to the public caused by the deferral.  The staff will make every effort to alert the public when a deferral is granted.

 

It is the Board’s preference that a public hearing should not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review.  To achieve this preference, applicants should provide final plans, final codes of development, final proffers, and any other documents deemed necessary by the Director of Community Development, to the County no later than two business days prior to the County’s deadline for submitting the public hearing advertisement to the newspaper.  Staff will advise applicants of this date by including it in annual schedules for applications and by providing each applicant a minimum of two weeks advance notice of the deadline.        

 

If the applicant does not submit the required materials by this date, the public hearing shall not be advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that good cause exists for the public hearing to be advertised.  If not advertised, a new public hearing date will be scheduled.  If the public hearing is held without final materials being available for review throughout the advertisement period due to a late submittal of documents, or because substantial revisions or amendments are made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board to either defer action and schedule a second public hearing that provides this opportunity to the public or to deny the application, unless the Board finds that the deferral would not be in the public interest or not forward the purposes of this policy.    

 

Final signed proffers shall be submitted to the County no later than nine calendar days prior to the date of the advertised public hearing.  This policy is not intended to prevent changes made in proffers at the public hearing resulting from comments received from the public or from Board members at the public hearing.

 

E.         Quorum

 

A majority of the members of the Board shall constitute a quorum for any meeting of the Board.  If during a meeting less than a majority of the Board remains present, no action can be taken except to adjourn the meeting.  If prior to adjournment the quorum is again established, the meeting shall continue.  (Virginia Code Section 15.2‑1415)

 

A majority of the members of the Board present at the time and place established for any regular or special meeting shall constitute a quorum for the purpose of adjourning such meeting from day to day or from time to time, but not beyond the time fixed for the next regular meeting.

 

F.         Voting Procedures

 

1.         Approval by Motion.  Unless otherwise provided, decisions of the Board shall be made by approval of a majority of the members present and voting on a motion properly made by a member and seconded by another member.  Any motion that is not seconded shall not be further considered.  The vote on the motion shall be by a voice vote.  The Clerk shall record the name of each member voting and how he voted on the motion.  If any member abstains from voting on any motion, he shall state his abstention.  The abstention will be announced by the Chairman and recorded by the Clerk.  A tie vote shall defeat the motion voted upon.  (Article VII, Section 7, Virginia Constitution)

 

2.         Special Voting Requirements.   A recorded affirmative vote of a majority of all elected members of the Board shall be required to approve an ordinance or resolution (1) appropriating money exceeding the sum of $500; (2) imposing taxes; or (3) authorizing the borrowing of money.  (Virginia Code Section 15.2‑1428)

 

3.         Public Hearings.  The Board shall not decide any matter before the Board requiring a          public hearing until the public hearing has been held.  The Board may, however, at its discretion, defer or continue the holding of a public hearing or consideration of such matter. The procedures for receiving comment from the applicant and the public for public    hearings shall be at the discretion of the Board.  Unless otherwise decided, the applicant    shall be permitted no more than ten minutes to present its application. Following the      applicant’s presentation, any member of the public shall be permitted no more than three      minutes to present public comment.  Speakers are limited to one appearance at any   public hearing.  Following the public comments, the applicant shall be permitted no more   than five minutes for a rebuttal presentation.

 

4.         Motion to Amend.  A motion to amend a motion before the Board, properly seconded, shall be discussed and voted by the Board before any vote is taken on the original motion unless the motion to amend is accepted by both the members making and seconding the original motion.  If the motion to amend is approved, the amended motion is then before the Board for its consideration.  If the motion to amend is not approved, the original motion is again before the Board for its consideration.

 

5.         Previous Question.  Discussion of any motion may be terminated by any member moving the “previous question”.  Upon a proper second, the Chairman shall call for a vote on the motion of the previous question.  If approved by a majority of those voting, the Chairman shall immediately call for a vote on the original motion under consideration. A motion of the previous question shall not be subject to debate and shall take precedence over any other matter.

 

6.         Motion to Reconsider.  Any decision made by the Board may be reconsidered if a motion to reconsider is made at the same meeting or an adjourned meeting held on the same day at which the matter was decided.  The motion to reconsider may be made by any member of the Board.  Upon a proper second, the motion may be discussed and voted.  The effect of the motion to reconsider, if approved, shall be to place the matter for discussion in the exact position it occupied before it was voted upon.

 

7.         Motion to Rescind.  Any decision made by the Board, except for zoning map amendments, special use permit decisions, and ordinances, (these exceptions shall only be subject to reconsideration as provided above) may be rescinded by a majority vote of all elected members of the Board.  The motion to rescind may be made by any member of the Board.  Upon a proper second, the motion may be discussed and voted.  The effect of the motion to rescind, if approved, is to nullify the previous decision of the Board.  Zoning map amendments, special use permit decisions and ordinances may be rescinded or repealed only upon meeting all the legal requirements necessary for taking action on such matters as if it were a new matter before the Board for consideration.

 

G.         Amendment of Rules of Procedure

 

These Rules of Procedure may be amended by a majority vote of the Board at the next regular meeting following a regular meeting at which notice of the motion to amend is given.

 

H.         Suspension of Rules of Procedure

 

These Rules of Procedure may be suspended by the majority vote of the Board members present and voting.  The motion to suspend a rule may be made by any member of the Board.  Upon a proper second, the motion may be discussed and voted.  The effect of the motion to suspend a rule, if approved, is to make that rule inapplicable to the matter before the Board.  Provided, however, approval of a motion to suspend the rule shall not permit the Board to act in violation of a requirement mandated by the Code of Virginia, the Constitution of Virginia, or any other applicable law.

 

I.          Necessary rules of procedure not covered by these Rules of Procedures shall be governed by Robert's Rules of Order’s Procedure in Small Boards.

 

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 (Adopted 2‑15‑73; Amended and/or Readopted 9‑5‑74, 9‑18‑75; 2‑19‑76; 1‑3‑77; 1‑4‑78; 1‑3‑79; 1‑2‑80; 1‑7‑81; 1‑6‑82; 1‑5‑83; 1‑3‑84; 1‑2‑85; 1‑3‑86; 1‑7‑87; 1‑6‑88; 1‑4‑89; 1‑2‑90; 1‑2‑91; 1‑2‑92; 1‑6‑93; 1‑5‑94; 1‑4‑95; 1‑3‑96; 1-2-97; 1-7-98; 1-6-99; 1-5-2000;  1-3-2001; 1-9-2002; 1-8-2003; 1-7-2004; 1-5-2005; 1-4-2006; 1-3-2007).

 

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