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HomeMy WebLinkAbout3/24/2020 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, MARCH 24, 2020 RESOLUTION 032420-1 SUPPORTING AN AMENDMENT TO THE VIRGINIA FREEDOM OF INFORMATION ACT, TO FURTHER ENABLE PUBLIC BODIES TO MEET BY ELECTRONIC COMMUNICATION MEANS DURING TIMES OF EMERGENCY WHEREAS, Section 2.2-3708.2 of the Virginia Freedom of Information Act presently allows any public body to meet by electronic communication means without a quorum of the public body physically assembled at one location when the Governor has declared a state of emergency in accordance with Section 44-146.17 of the Code of Virginia, provided that (i) the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a quorum in a single location and (ii) the purpose of the meeting is to address the emergency ...."; and WHEREAS, Section 2.2-3708.2 does not enable a local governing body to meet by electronic communication means to provide for the orderly and continuing operation of government during times of emergency. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the Board encourages the Virginia General Assembly and the Governor of the Commonwealth of Virginia to amend the provisions of the Virginia Freedom of Information Act, to further enable governing bodies to meet by electronic communication means during times of emergency, in order to provide for the orderly and continuing operation of government. On motion of Supervisor North to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: Page 1 of 2 On motion of Supervisor North to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None cc: Peter S. Lubeck, County Attorney A COPY TESTE: Deb6mh C. Jacks ' Chief Deputy Clerk tote oard of Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, MARCH 24, 2020 ORDINANCE 032420-2 ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $3,020,308 FROM THE REGIONAL SURFACE TRANSPORTATION PROGRAM FOR THE ROANOKE RIVER GREENWAY THROUGH EXPLORE PARK WHEREAS, it is a priority to construct the Roanoke River Greenway through Roanoke County; and WHEREAS, the County was awarded Regional Surface Transportation Program (RSTP) grant funds, now named the Surface Transportation Block Grant (STBG), in the amount of $3,020,308 for design and construction of the Roanoke River Greenway through Explore Park; and WHEREAS, the project is locally administered, and certain agreements between the County of Roanoke and the Virginia Department of Transportation (VDOT) must be executed for this cooperative work to be accomplished; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of this ordinance was held on March 10, 2020, and the second reading was held on March 24, 2020. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the sum of $3,020,308 is accepted and appropriated from RSTP/STBG for the purpose of completing the Roanoke River Greenway through Explore WON Page 1 of 2 2. That this ordinance shall take effect upon its adoption. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None A COPY TESTE: Chief Deputy the Board of Supervisors cc: Megan G. Cronise, AICP Transportation Planning Administrator Richard L. Caywood, Assistant County Administrator Laurie Gearheart, Director of Finance and Management Services Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 2020 RESOLUTION 032420-3.a ENCOURAGING ALL ROANOKE COUNTY RESIDENTS TO PARTICIPATE IN THE 2020 CENSUS WHEREAS, the U.S. Census Bureau is required by Article I, Section 2 of the U.S. Constitution to conduct an accurate count of the population every ten years; and WHEREAS, Federal and State funding is allocated to communities, and part of the basis for receiving these funds relies, in part, on census data; and WEHEREAS, census data also helps determine how many seats each state will have in the U.S. House of Representatives and is used in the redistricting of state legislatures, county boards of supervisors and city councils and voting districts; and WHEREAS, information from the 2020 Census is a vital tool for economic development and increased employment; and WHEREAS, the information collected by the census is confidential and protected by law; and WHEREAS, the decennial census is a huge undertaking that requires cross -sector collaboration and partnership in order to achieve a complete and accurate count; and WHEREAS, the County of Roanoke, in partnership with other local governments, the State, businesses, and community organizations, is committed to ensuring every resident is counted. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: that the County of Roanoke encourages all County residents to participate in the 2020 Census, helping to ensure a complete, fair and accurate count. Page 1 of 2 On motion of Supervisor North to adopt the resolution, seconded by Supervisor Mahoney and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None A OOPY TESTE: Deborah C. Jacks Chief Deputy Clerk WeBoard of Supervisors cc: Toni Cox, Assistant Director of Library Services Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 2020 RESOLUTION 032420-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for March 24, 2020, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 2 inclusive, as follows: 1. Approval of minutes — January 14, 2020; January 28, 2020 2. Resolution encouraging all Roanoke County residents to participate in the 2020 Census On motion of Supervisor North to adopt the resolution, seconded by Supervisor Mahoney and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None A1COPY TESTE: Deborah C. Jacks Chief Deputy Clerk to th B rd of Supervisors Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 2020 RESOLUTION 032420-4 TO SET THE REAL ESTATE MAXIMUM TAX RATE FOR CALENDAR YEAR 2020 WHEREAS, the Board of Supervisors of Roanoke County, Virginia will set maximum tax rates for calendar year 2020 to support the fiscal year 2020-2021 operating budget; and WHEREAS, a public hearing for citizen comments on setting maximum tax rates was held on March 24, 2020 at a regular meeting of the Board of Supervisors of Roanoke County, Virginia; and WHEREAS, the Roanoke County Board of Supervisors will adopt final 2020 calendar year tax rates on April 14, 2020 following a public hearing for citizen comments. NOW, THEREFORE, BE IT RESOLVED the Board of Supervisors of Roanoke County, Virginia, set the following Real Estate maximum tax rate for calendar year 2020: (A) The Real Estate Tax for calendar year 2020 is set at a rate of not more than $1.09 per $100 of assessed valuation. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None A COPY TESTE: DebQrrah C. Jacks I Chief Deputy Clerk to Board of Supervisors Page 1 of 2 cc: F. Kevin Hutchins, Treasurer Nancy Horn, Commissioner of the Revenue Laurie Gearheart, Director of Finance and Management Services Meredith Thompson, Budget Division Director Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 2020 RESOLUTION 032420-5 TO SET THE PERSONAL PROPERTY MAXIMUM TAX RATE FOR CALENDAR YEAR 2020 WHEREAS, the Board of Supervisors of Roanoke County, Virginia will set maximum tax rates for calendar year 2020 to support the fiscal year 2020-2021 operating budget; and WHEREAS, a public hearing for citizen comments on setting maximum tax rates was held on March 24, 2020 at a regular meeting of the Board of Supervisors of Roanoke County, Virginia; and WHEREAS, the Roanoke County Board of Supervisors will adopt final 2020 calendar year tax rates on April 14, 2020 following a public hearing for citizen comments. NOW, THEREFORE, BE IT RESOLVED the Board of Supervisors of Roanoke County, Virginia, set the following Personal Property maximum tax rate for calendar year 2020- (A) The Personal Property Tax for calendar year 2020 is set at a rate of not more than $3.50 per $100 of assessed valuation. On motion of Supervisor North to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None Page 1 of 2 Chief Deputy Clerk to cc: F. Kevin Hutchins, Treasurer Nancy Horn, Commissioner of the Revenue Laurie Gearheart, Director of Finance and Management Services Meredith Thompson, Budget Division Director Page 2 of 2 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 2020 RESOLUTION 032420-6 TO SET THE MACHINERY AND TOOLS MAXIMUM TAX RATE FOR CALENDAR YEAR 2020 WHEREAS, the Board of Supervisors of Roanoke County, Virginia will set maximum tax rates for calendar year 2020 to support the fiscal year 2020-2021 operating budget; and WHEREAS, a public hearing for citizen comments on setting maximum tax rates was held on March 24, 2020 at a regular meeting of the Board of Supervisors of Roanoke County, Virginia; and WHEREAS, the Roanoke County Board of Supervisors will adopt final 2020 calendar year tax rates on April 14, 2020 following a public hearing for citizen comments; NOW, THEREFORE, BE IT RESOLVED the Board of Supervisors of Roanoke County, Virginia, set the following Machinery and Tools maximum tax rate for calendar year 2020- (A) The Machinery and Tools Tax for calendar year 2020 is set at a rate of not more than $2.85 per $100 of assessed valuation. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None Page 1 of 2 COPY TESTE: Deborah C. Jackd / Chief Deputy Clerk/to a Board of Supervisors cc: F. Kevin Hutchins, Treasurer Nancy Horn, Commissioner of the Revenue Laurie Gearheart, Director of Finance and Management Services Meredith Thompson, Budget Division Director Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 24, 2020 ORDINANCE 032420-7 GRANTING A SPECIAL USE PERMIT TO ROANOKE VALLEY RESOURCE AUTHORITY FOR A SANITARY LANDFILL ON APPROXIMATELY 8.05 ACRES ZONED AG -3 (AGRICULTURAL/ RURAL PRESERVE DISTRICT) LOCATED AT 8765 WILLIBY ROAD (TAX MAP NO. 052.00-01-02.08-0000), CATAWBA MAGISTERIAL DISTRICT AND AMENDING THE SPECIAL USE PERMIT CONDITIONS FOR AN EXISTING SANITARY LANDFILL (SMITH GAP LANDFILL) ON APPROXIMATELY 878.75 ACRES ZONED AG -3S (AGRICULTURAL/RURAL PRESERVE DISTRICT WITH A SPECIAL USE PERMIT), AND INCORPORATING THE NEW 8.05 ACRES FOR A TOTAL ACREAGE OF 886.80 ACRES, LOCATED ON THE NORTHWEST SIDE OF FORT LEWIS MOUNTAIN BETWEEN SMITH GAP AND BRADSHAW ROAD, CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Roanoke Valley Resource Authority ("RVRA") operates a sanitary landfill at Smith Gap Landfill, under a special exception permit/special use permit ("SUP") granted by the Roanoke County Board of Supervisors in 1989, amended in 1991, and amended in 1993; the SUP presently allows operation of the Smith Gap Landfill on the following parcels: TAX MAP NO. PROPERTY ADDRESS ACREAGE SUBJECT TO THE SUP 041.00-01-14.00-0000 0 Bradshaw Rd. 34.85 042.00-01-08.00-0000 0 Bradshaw Rd. 225.15 052.00-01-02.00-0000 8484 Bradshaw Rd. 91.89 053.00-01-08.00-0000 0 Dow Hollow Rd. 526.86 878.75 ACRES TOTAL Page 1 of 10 WHEREAS, Norfolk Southern Railroad Corporation ("NSC") conveyed 8.05 acres of land, located at 8765 Williby Road (Tax Map No. 052.00-01-02.08-0000) to the RVRA on February 13, 2019; and WHEREAS, RVRA has petitioned for an SUP for a sanitary landfill for these 8.05 acres; and WHEREAS, the RVRA has also petitioned to amend the existing SUP by deleting the reference to and incorporation of the "amended landfill permit conditions and operating policies" referenced in the 1991 Special Use Permit Resolution; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 4, 2019 and subsequently recommended approval of the petition; and WHEREAS, the first reading of this ordinance was held on October 22, 2019, and the second reading and public hearing were held November 19, 2019. Following the public hearing, the Board continued the matter until March 24, 2020 for further consideration; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . ollows: 1. That the reference to the "amended landfill permit conditions and operating policies" referenced in the 1991 Special Use Permit Resolution is now HEREBY REMOVED; the "amended landfill permit conditions and operating policies" are no longer incorporated into the Smith Gap Landfill SUP by reference. 2. The Board finds that the RVRA operational priorities associated with the Page 2 of 10 Smith Gap Landfill are as follows: protection of the environment of the Roanoke Valley Service Area; protection or extension of the useful life of the landfill; protection of the interests of the residents of the landfill host community; protection of the interests of the residents along the Transportation Corridor; minimization of landfill operating costs; and minimization of landfill tipping fees. 3. The special use permit for a sanitary landfill on the 8.05 acre parcel located at 8765 Williby Road (Tax Map No. 052.00-01-02.08-0000) is granted, and the following conditions shall apply to the special use permit for 8.05 acre parcel and the 878.75 acres for the existing sanitary landfill (886.80 total acres): a. Access: Primary access to the Smith Gap Landfill for the delivery of municipal solid waste shall be along the Transportation Corridor (previously known as the Rail Corridor). In the event the primary access is unavailable for two or more business days, the Roanoke Valley Resource Authority (or subsequent owners) will make reasonable efforts to transport all municipal solid waste to one or more fully permitted third -party sanitary landfills until such time as the primary access can be resumed. In the event that the Roanoke Valley Resource Authority (or subsequent owners) cannot through reasonable efforts contract for sufficient immediate transportation services to transport municipal solid waste to third party landfills, and until sufficient services can be obtained, Bradshaw Road will serve as the secondary access for the delivery of municipal solid waste to the landfill. b. Conversion: If the Transportation Corridor is converted from rail to a road, then all municipal solid waste will be transported to third party landfills during construction of this conversion. Page 3 of 10 C. Types of Waste: Only properly approved waste may be accepted, with the main objective always being to safely dispose of materials and prolong the useful life of the landfill. Wastes designated as "special wastes" shall be disposed of in accordance with current waste management regulations. No hazardous waste will be allowed at any time during the entire life of the landfill. d. Operating Hours: Normal working hours shall be as follows: Delivery of Waste by Authorized Vehicle — Monday through Friday from 7:00 a.m. to 5:00 p.m., Saturday from 7:00 a.m. to 3:30 p.m.; Delivery of Waste by Rail — Monday through Saturday from 10:00 a.m. — 12:00 a.m.; Operation of all equipment — Monday through Friday from 7:00 a.m. to 8:00 p.m., Saturday from 7:00 a.m. to 6:30 p.m. e. Emergency Operations: Emergency operations shall allow for extended hours on all days and Sundays whenever an emergency has been duly declared by the County Administrator of Roanoke County or his/her designee. Circumstances for Emergency Operations include, but are not limited to, natural disasters or short-term (less than 2 days), temporary operating interruptions resulting from equipment failure or contract service interruptions. Emergency operations may require use of third -party landfills or use of secondary access to the Smith Gap Landfill (Bradshaw Road). f. Noise: Noise levels may not exceed the following limits: 80 db (decibels) at landfill site borders; 65 db (decibels) at surrounding residences. g. Dust: Dust shall be controlled in accordance with the landfill's state solid waste facility permit. Problem areas arising during dry seasons will be controlled Page 4 of 10 with water. Access roads should be cleaned and dust controlled with water if excessive amounts of dust are generated. h. Odors: Odors shall be controlled in accordance with the landfill's state solid waste facility permit. If problem odors exist that adversely impact surrounding residents, deodorizing agents may be used. All holding tanks for leachate collection systems shall be in enclosed structures. L Lighting: Sufficient lighting must be maintained at all times to facilitate normal operations and to provide adequate security over the landfill site. All exterior lighting fixtures shall be designed, located and arranged so as not to direct glare on adjoining streets or residential properties. The intensity at adjoining streets or residential properties shall not exceed 0.5 foot candles. Lighting shall be limited to fixtures attached to buildings as necessary for security and operations and freestanding poles of not more than 16 feet in height. j. Pests. A bonded, licensed pest control company will be retained throughout the active life of the landfill to provide preventive inspections and treatments. Adjoining property owners who incur pest problems that are proven to be directly related to the landfill operation must be provided proper extermination at the landfill owner's expense. k. Citizen Complaints: A telephone number will be provided for use of surrounding residents including those in the Transportation Corridor to call in complaints (noise, dust, odor, pests, or other issues). These calls will be recorded/logged and corrective actions documented. The complaint log shall be open to public inspection. Page 5 of 10 I. Active Fill Areas: The active fill areas of the landfill shall comply with the landfill's state solid waste facility permit. Fill areas should be designed as far as practical from adjoining properties to provide maximum buffering, and in no case should extend within 100 feet of the landfill boundary line. M. Monitoring: The Virginia Department of Environmental Quality conducts inspections during the year to ensure compliance with the landfill's state solid waste facility permit. Any violations shall be reported and made public information. The Roanoke Valley Resource Authority (or subsequent owner) shall take whatever steps are necessary to immediately correct any violation. n. Screening and Buffering: i. The following buffer yard and plantings shall be established around the perimeter of the landfill property, except adjacent to an existing residential property or private right-of-way. Trees shall be planted in three separate rows or in clusters, where natural land characteristics allow within the buffer yard. 50 -foot buffer yard with three large deciduous trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard, five large evergreen trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard, and seven small evergreen trees with an ultimate height of 15 feet or greater per 100 linear feet of buffer yard. ii. In areas adjacent to an existing residential property or public or private right-of-way, the following shall be established and maintained around the perimeter of the landfill property. Trees shall Page 6 of 10 be planted in three separate rows or in clusters, where natural land characteristics allow with the buffer yard. 100 -foot buffer yard with six large deciduous trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard, ten large evergreen trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard, and fifteen small evergreen trees with an ultimate height of 15 feet or greater per 100 linear feet of buffer yard. iii. Buffer yards may only be used for passive recreation, such as pedestrian, bike or equestrian trails, provided that the total width of the buffer is maintained and all other requirements and conditions are met. iv. Buildings, active landfill areas, equipment storage areas and other facilities shall be landscaped in such a manner as to enhance (but not necessarily screen) the visual appearance from adjoining properties. o. Site Security: All facilities shall be surrounded on all sides by natural barriers, fencing, or an equivalent means of controlling vehicles access and preventing illegal disposal. All access will be limited by gates, and such gates shall be securable and equipped with locks. All fencing utilized at the facility shall be adequate to control unauthorized access. Gates shall be at the main entrance as well as the entrance to additional service areas. Access to a solid waste disposal facility (landfill) shall be permitted only when an attendant is on duty and only during operating hours, unless otherwise specified in the facility permit, such as Page 7 of 10 for rail delivery of waste. Each solid waste disposal facility should be provided with an adequately lighted and heated shelter where operating personnel can exercise site control and have access to essential sanitation facilities. Lighting, heat and sanitation facilities may be provided by portable equipment, as necessary. Dusk to dawn lights may be placed around buildings and at each of the security gates. All sanitary landfills will be equipped with permanent or mobile telephone or radio communications. The main security gate should be able to communicate with all necessary areas of the landfill. The operator is responsible for safety hazards to operating personnel through an active safety program. Security rules and regulations shall be posted at each gate. Security guard of landfill personnel shall be on site 24 hours each day. All vehicle access points to the Transportation Corridor shall be properly gated, with lock, and shall be posted with "No Trespassing" signs. Signs will also be posted at intervals along the Transportation Corridor. P. Fire Protection and Public Water: Fire protection for the site shall be provided on site with adequate storage, distribution, and hydrants to properly extinguish fires. The system shall be designed as a potable water system. The system shall be designed to serve all on-site water needs as well as being capable of serving adjoining properties. Expansion of the water supply system, except when groundwater contamination has been documented, shall be prohibited without prior review for consistency with the Comprehensive Plan. q. RVRA Policies: RVRA shall develop and maintain policies associated with the operation of the Smith Gap Landfill. Policies shall include, but not be limited Page 8 of 10 to, the following: groundwater protection, property value protection, appeals, landfill ownership, landfill users, access, hazardous waste collection, and host community fund. 4. The Board finds that the granting of and amendments to the SUPs, as set forth in this ordinance, are substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the Code of Virginia, as amended, that they shall have a minimum adverse impact on the surrounding neighborhood or community, and the Board further finds that it has given due consideration to the factors set forth in Section 30-19-1 of the Roanoke County Code. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None A COP�TESTE: Deborah C. Jacks Chief Deputy Clerk toa oard of Supervisors cc: Philip Thompson, Director of Planning Tarek Moneir, Director of Development Services Page 9 of 10 Kenneth Fay, Director of Real Estate Valuation Mary Beth Nash, Senior Assistant County Attorney Rebecca James, Acting Zoning Administrator Page 10 of 10