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HomeMy WebLinkAbout7/24/2012 - Adopted Board RecordsAT A REGULAR MEETING FOTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 24 2012 RESOLUTION 072412 -1 GRANTING A WAIVER TO BRANDON LACROIX, TOURNAMENT CHAIRMAN FOR THE JJ REDICK CELEBRITY GOLF TOURNAMENT TO BE HELD AT THE HOME OF DAVID AND KIMBERLY SNYDER, 8380 POPLAR SPRING LANE, ROANOKE, VA 24018 -5912 ON FRIDAY — AUGUST 17, 2012, UNDER SECTION 13 -23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13. OFFENSES — MISCELLANEOUS WHEREAS, Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity Golf Tournament, will be playing music outdoors on Friday, August 17, 2012, from 6:30 p.m. until 10:00 p.m. at the home of David and Kimberly Snyder, 8380 Poplar Springs Lane, SW, Roanoke, VA 24018 -5912; and WHEREAS, in order to accommodate the advertised time frame and to benefit the community by raising funds to be donated to CHIP of the Roanoke Valley and the Children's Miracle Network, Mr. LaCroix is requesting a waiver of the County noise ordinance from 6:30 p.m. until 10:00 p.m., on Friday, August 17, 2012; and WHEREAS, Section 13 -23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance to avoid undue hardship upon consideration of certain factors set forth in sub - section (b) of Section 13 -23 and after making certain alternative findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That the provisions of Section 13 -21. Specific acts as noise, sub - section (5) and Section 13 -20. General prohibition of Article II. Noise be WAIVED from 6:30 p.m. until 10:00 p.m. on Friday, August 17, 2012. 2. That this waiver is granted specifically to Brandon Lacroix, Tournament Chairman for the JJ Redick celebrity Golf Tournament, for the event scheduled at the home of David and Kimberly Snyder, 8380 Poplar Springs Lane, SW, Roanoke, VA 24018 -5912. On motion of Supervisor Flora to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, church, Elswick, Flora NAYS: None A PY TESTE: Deborah C. Jacks L/ Clerk to the Board of Supervisors cc: Paul Mahoney, county Attorney Page 2of2 AT A REGULAR MEETING FOTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 24 2012 RESOLUTION 072412 -2 GRANTING A WAIVER TO BRANDON LACROIX, TOURNAMENT CHAIRMAN FOR THE JJ REDICK CELEBRITY GOLF TOURNAMENT TO BE HELD AT BALLYHACK GOLF CLUB ON SATURDAY — AUGUST 18, 2012, UNDER SECTION 13 -23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13. OFFENSES — MISCELLANEOUS WHEREAS, Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity Golf Tournament, will be playing music outdoors on Saturday, August 18, 2012, from 6:00 p.m. until 11:30 p.m. at the Ballyhack Golf Club located at 3609 Pitzer Road, Roanoke, VA; and WHEREAS, in order to accommodate the advertised time frame and to benefit the community by raising funds to be donated to CHIP of the Roanoke Valley and the Children's Miracle Network, Mr. LaCroix is requesting a waiver of the County noise ordinance from 6:00 p.m. until 11:30 P.M., on Saturday August 18, 2012; and WHEREAS, Section 13 -23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance to avoid undue hardship upon consideration of certain factors set forth in sub - section (b) of Section 13 -23 and after making certain alternative findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That the provisions of Section 13 -21. Specific acts as noise, sub - section (5) and Section 13 -20. General prohibition of Article II. Noise be WAIVED from 6:00 p.m. until 11:30 p.m. on Saturday, August 18, 2012. 2. That this waiver is granted specifically to Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity Golf Tournament for the event scheduled at the Ballyhack Golf Club on Saturday, August 18, 2012. On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COPY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Paul Mahoney, County Attorney Page 2of2 1. That the provisions of Section 13 -21. Specific acts as noise, sub - section (5) and Section 13 -20. General prohibition of Article II. Noise be WAIVED from 6:00 p.m. until 11:30 p.m. on Saturday, August 18, 2012. 2. That this waiver is granted specifically to Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity Golf Tournament for the event scheduled at the Ballyhack Golf Club on Saturday, August 18, 2012. On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A C PY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Paul Mahoney, County Attorney Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, JULY 24 2012 RESOLUTION 072412 -3 REQUESTING THE TRANSPORTATION COMMISSIONER OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) INSTALL AND MAINTAIN "WATCH FOR CHILDREN" SIGNS PURSUANT TO SECTION 33.1 -210.2 OF THE CODE OF VIRGINIA IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, the General Assembly enacted an amendment to the Code of Virginia, adding Section 33.1 -210.2 regarding the installation and maintenance of signs alerting motorists that children may be at play nearby; and WHEREAS, the Board of Supervisors along with the Virginia Department of Transportation staff have instituted a local policy; and WHEREAS, a petition has been received that meets both Roanoke County and the Virginia Department of Transportation guidelines; and WHEREAS, the property owners along West River Road (between Dry Hollow Road and Bohon Hollow Road) have agreed to fund the costs of installation of the signs; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street locations to be reviewed for the installation and maintenance of two "Watch for Children" signs, pursuant to Section 33.1- 210.2, Code of Virginia: Sign locations: 500' East and 500' West of 5441 West River Road. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Page 1 of 2 On motion of Supervisor Church to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A PY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Brian Epperly, Transportation Engineer Virginia Department of Transportation Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 24 2012 ORDINANCE 072412 -4 APPROVING A LEASE WITH OAKLAND PROPERTIES FOR A PARKING LOT AT THOMPSON MEMORIAL DRIVE AND EAST MAIN STREET IN SALEM, VIRGINIA WHEREAS, pursuant to Ordinance 42892 -7, Resolution 011497 -8 and Ordinance 032602 -11, Roanoke County has leased from William Watts and Elizabeth B. Watts and Oakland Properties, LLC a parcel of land containing approximately 0.680 acre, bounded by East Main Street, Craig Avenue and Clay Street for parking facilities at the Roanoke County Courthouse and Jail since May 1, 1992; and WHEREAS, said lease expired on April 30, 2012; and WHEREAS, staff has negotiated with the property owner (now Oakland Properties, LLC) for a new lease of an expanded parcel containing approximately 1.0 acre (47,672 square feet) for parking purposes; and WHEREAS, no other suitable parcels or tracts of land are available for lease or sale to use for parking facilities to serve County staff and the public at the Courthouse and Jail facilities. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Sections 2.01 and 2.03 of the Charter of Roanoke County, the County is authorized to acquire property, including the lease of real estate; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, the acquisition of any interest in real estate shall be accomplished by Page 1 of 3 ordinance, the first reading of this ordinance was held on July 24, 2012, and the second reading of this ordinance has been dispensed with since an emergency exists, upon a four -fifths (4 /5ths) vote of the members of the Board. 3. That the execution of an agreement with Oakland Properties, LLC to lease a parcel of land containing approximately 1.0 acre (47,672 square feet), bounded by East Main Street, Craig Avenue, and Clay Street, in the City of Salem for public parking facilities at the Roanoke County Courthouse and Jail is hereby authorized. 4. That the lease term shall commence on August 1, 2012, and continue for a period of five (5) years, with the option to renew for an additional five (5) year period upon authorization by resolution adopted by this Board. The lease also provides for a right of first refusal for the County, both on the leased premises, and the entire block, which includes a small convenience store, should the owners decide to sell in the future. 5. That the base rent shall be the sum of $3,058 per month, with a six percent (6 %) annual increase, and payment of any increase in real estate taxes that may be directly attributable to improvements made to the property by the County. 6. That payment of rent ($1,858 per month) for the space currently rented by the County (0.680 acre) shall be made from the funds available in the Courthouse Maintenance Fees revenue account. That payment of rent ($1,200 per month) for the additional space (0.402 acre) shall be made from the funds available in the Salem Bank and Trust Account (which is self- funded from the rent paid by the Commonwealth of Virginia for Social Services). 7. That the County Administrator, or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of the Board of Page 2of3 Supervisors in this matter as are necessary to accomplish the lease of this property, all of which shall be approved as to form by the County Attorney. 8. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COPY TESTE: Deborah C. Jacks' L/ Clerk to the Board of Supervisors cc: Anne Marie Green, Director of General Services Rebecca Owens, Director of Finance Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 24 2012 ORDINANCE 072412 -5 AMENDING VARIOUS SECTIONS OF CHAPTER 20. OF THE ROANOKE COUNTY CODE WHEREAS, the Board of Supervisors for Roanoke County has determined that several clarifying amendments are necessary to the "Solid Waste" Chapter of the Roanoke County Code for Definitions, Specific Collection Categories, and Supplemental Collection Services; and, WHEREAS, due to increased costs of operations and budgetary constraints certain services which heretofore were provided free to County citizens will not require the payment of a fee; and, WHEREAS, the first reading of this ordinance was held on June 26, 2012, and the second reading and public hearing was held on July 10, 2012; and NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, as follows: 1. That Chapter 20. "Solid " of the Roanoke County Code be amended to read and provide as follows: Sec. 20 -1. - Definitions. The following words and terms, as used in this chapter, shall have the meanings ascribed to them in this section: Automated collection: A mechanical method of garbage collection utilizing a vehicle equipped with a hydraulic arm that empties anntpontzr-c rhzd hit thin an, Intl/ containers deemed compatible with equipment utilized by the county. Page 1 of 16 Brush collection: Curbside collection of brush, small tree limbs, and other arboreal materials from residential customers. Bulk collection: Manual curbside collection from residential customers of appliances, furnaces, air conditioners, furniture, carpeting, rugs, bagged leaves and grass, boxes, four (4) unmounted tires, building materials and other permissible household items. Building material: Any homeowner generated material from small remodeling or repair work. Examples of included items would be lumber (less than three (3) feet in length), wood from trim, paneling, small amounts of containerized drywall or ceiling tile, PVC or galvanized pipe (less than three (3) feet in length). No individual piece or container may weigh more than fifty (50) pounds. No more than a six (6) by six (6) by six (6) feet load will be collected at any one (1) time. Commercial collection:The county's limited curbside collection of garbage placed in approved containers, generated by licensed business establishments, including three (3) to five (5) family rental properties, one (1) to five (5) unit retail complexes, churches and church -run daycares. Contractor /commercial waste: Waste material, including construction /demolition waste, resulting from work performed under contract for consideration. This includes, but is not limited to, trimming, yard maintenance and remodeling or other home repair. Curbside collection: The collection of solid waste that has been placed no farther than five (5) feet from a curb or edge of a qualified road. Debris waste: Stumps, logs, limbs, wood, brush, leaves, soil and rock from land clearing operations. Page 2 of 16 Pay Loader Ir°° ' ^�^' °r � Dumpster -style trailer which may be reserved for a fee by th-e county residential customers f ,�� ° ( Uftata mod= ^ e ° ( W°°k°nd for a specified period of time. Garbage: Solid and semi -solid items including discarded food wastes, wastes likely to decompose, bottles, waste paper, cans and clothing. Hazardous waste: "Hazardous substances" as defined by the Virginia Hazardous Management Waste Regulation; posing a danger to human health, harm to the environment, including but not limited to oil -based paint, insecticides, herbicides, poisons, corrosives, combustibles, caustics, acids, motor oils and gasoline. Household waste: Non - hazardous material, including garbage and trash, derived from normal daily household activities n^�a WR e "� Ws . Industrial waste: Any solid waste generated by manufacturing or industrial process that is not a regulated hazardous waste. Physically - challenged service: Refuse pickup at the house for citizens who are physician - certified as unable to transport garbage to the street. Private road: A road not in the primary or secondary system. See also "qualified road" below. Premium garbage collection: Optional pickup of garbage from a residential customer for a fee. Residential customers: C'^ulini t re., SO Ic%Jon 11 .,1 �° ,� �,� °lo f hnr . 'ril l ei , r,rr Page 3 of 16 Occupied single family homes, individually owned townhouse, duplexes, single lot mobile homes and some qualified condominiums within the County. Residential collection: Garbage, bulk and brush collection from residential customer's dwellings. Recyclables: Newspaper, cardboard, office paper, aluminum, copper, steel, tin, auto batteries, motor oil. Qualified road: A road in the primary or secondary system of highways in the Commonwealth of Virginia will qualify unless deemed unsafe or inaccessible by County administrator or designee. This term also includes private roads meeting specific county prescribed conditions, as noted in section 20 -23 below. Seasonal collection: Collection of Christmas trees and bagged leaves, during applicable times of the year. Solid waste: Solid and semi -solid materials including household garbage, yard waste, brush, bulk household waste, un- mounted tires and other permissible discarded, non- hazardous materials. Yard waste: Lawn clippings, small brush and twigs, shrubbery clippings, (Code 1971, § 14 -4; Ord. No. 72694 -4, § 1, 7- 26 -94; Ord. 012704 -3, § 1, 1- 27 -04; Ord. No. 101408 -2 § 1 10- 14 -08) Sec. 20 -2. - Reserved. Editor's notexnnnn Ord. No. 72694 -4, § 1, adopted July 26, 1994, deleted, in effect repealed, 20 -2, which pertained to rates and charges for use of county landfill. Page 4 of 16 Sec. 20 -21. - Article not applicable to Town of Vinton. This article shall not apply to residents or commercial or industrial establishments of the Town of Vinton, Virginia, an incorporated town lying within the boundaries of the county, since the council for the town has provided for solid waste collection for the residents of the town. (Code 1971, § 14 -7; Ord. No. 72694 -4, § 1, 7- 26 -94; Ord. No. 012704 -3, § 1, 1- 27 -04) Sec. 20 -22. - Responsibility of county administrator under article. The administration of this article, including the establishment of a budget for providing effective solid waste collection service; the hiring of all employees necessary for providing such service; the billing of persons receiving such service; and all other matters related thereto shall be the responsibility of the county administrator; provided, that all matters pertaining to the establishment of an annual budget and the establishment of collection rates and charges shall be approved by the board of supervisors. (Code 1971, § 14 -5; Ord. No. 72694 -4, § 1, 7- 26 -94; Ord. No. 012704 -3, § 1, 1- 27 -04) Sec. 20 -23. - Right to, and application for, service. All county residents shall be entitled to receive solid waste collection service consistent with the provisions of this article, subject to the determination of the county administrator, or his designee, regarding the economic feasibility of providing such service to any particular location subject to the provisions of this chapter and the policies of the board of supervisors. Any person desiring such service shall make application through the office of general services. Arrangements for payment, if required, shall be made at the time of application. Page 5 of 16 Solid waste collection service shall be provided to county residents from and along a qualified road. This service may be provided from and along a private road under the following conditions: (1) There are at least three (3) homes on the road; (2) The county has written permission from all owners to be on the road, the owner /s assume the risk of any damage to the private road arising from the provision of such service by the county; and (3) The director of general services has approved the collection. This approval shall be based on the feasibility and safety of operating refuse collection vehicles on the private road. (Code 1971, § 14 -6; Ord. No. 72694 -4, § 1, 7- 26 -94; Ord. 012704 -3, § 1, 1- 27 -04) Sec. 20 -24. - Specific collection categories.df (a) Weekly curbside collection. The county shall provide weekly curbside garbage collection of household waste at no charge to all residential customers, meeting requirements of this chapter, in the county. To receive curbside collection, the following general rules must be followed: (1) All containers placed within five (5) feet of the curb line of a qualified road by 7:00 a.m. of the scheduled collection day. (2) Containers shall be removed at least ten (10) feet from the public street right- of-way no later than 7:00 a.m. of the day following the scheduled collection day. (3) All material placed in the container for collection must be bagged. (4) No dead animals, hazardous material, automobile parts, ashes, liquids, debris, rocks, dirt, mulch, concrete or construction waste, Page 6 of 16 contractor /commercial waste, or any other material deemed unsafe for collection shall be placed in the containers for collection. (5) Sharps and needles must be sealed in proper needle disposal containers or other heavy, capped plastic containers, such as detergent bottles, milk jugs or soft drink bottles. (6) Pet feces must be double bagged before being placed in containers for collection. (7) Latex paint may be placed in containers after it has completely solidified. (b) Specific rules pertaining to automated collection. All residential customers within the automated service area will receive one (1) automated container. Weekly collection will only be for household waste, garbage and yard waste placed within the container. The containers are assigned to the structure, not to the occupants. All county residential customers are eligible for a second container, which must be purchased. No more than two (2) containers per residential customer will be allowed. Home based businesses are eligible for one (1) container based upon the provisions established in sub - section (e) of this section for commercial collection, but such businesses are limited to no more than two (2) containers per residential customers When set to the curb line, each container must have at least five (5) feet of clearance on all sides. (1) The replacement fee for a container shall be established by the solid waste manager subject to the approval of the county administrator. (2) Residents may be charged for repairs or replacement of containers, if the loss or damage is due to negligence of the customer as determined by the solid waste manager. The homeowner will be responsible for purchasing a new container in all instances of loss due to burning. Page 7 of 16 (c) Physically - challenged collection. Backyard household waste collection will be provided to residential customers when everyone living in the structure is disabled or handicapped and unable to transport the refuse to the curb. A physician's certification of handicaps or disabilities is required for all individuals residing in the household. Physically - challenged residents will be required to renew this certification on an annual basis. The following additional criteria apply: (1) Customers receiving this service are limited to one (1) container. (2) Customers will be subject to all automated guidelines except placing container at curb. (3) This is service is reserved for household trash only. All materials placed in containers for collection must be bagged. (4) Bags shall weigh no more than thirty (30) lbs. (5) The County reserves the right to review the certification if a significant change in volume of trash occurs. (6) This service is not available for bulk and brush collection. (d) Premium garbage collection. Optional backyard service may be available to residential customers for household waste only by application. The charge for premium backyard collection will be a minimum of fifteen dollars ($15.00) per month and will include service up to one hundred (100) feet from the curbside pickup location. For each additional one hundred (100) feet or fraction thereof, an additional ten dollars ($10.00) charge will be assessed. The premium refuse collection charges shall be paid in advance on a monthly or bi- annual basis. The following additional criteria apply: Page 8 of 16 (1) Customers receiving this service are limited to one (1) container. (2) Customers will be subject to all automated guidelines except placing container at curb. (3) All materials placed in containers for collection must be bagged. (4) Bags shall weigh no more than thirty (30) lbs. (5) This service is not available for bulk and brush collection. (6) A nonrefundable application fee in the amount of twenty dollars ($20.00) shall be made in advance together with proper application forms from the solid waste division of general services. (e) Commercial collection. The county shall provide free, weekly, curbside collection of garbage to licensed commercial establishments (including churches and church -run daycares), generating not more than three (3) county provided automated containers per week. This service will be provided by application only through the office of general services. The county will not provide collection to any apartment office, or retail complexes of more than five (5) commercial establishments or to mobile home parks of any size. The county will provide licensed commercial establishments one container at no cost; the commercial establishment may purchase two (2) additional containers. Commercial establishments generating over three hundred (300) gallons of refuse per week are required to secure private collection. The following conditions apply to commercial collection: (1) Commercial customers within the automated service area will be subject to the rules pertaining to standard automated collection and all county solid waste rules. (2) Bulk /brush or bagged leaf collection is not available to commercial customers. Page 9 of 16 (f) Nonresident collection. The county may, at its option, provide weekly garbage collection to nearby, non - county residents upon application and approval. A monthly fee of twenty dollars ($20.00) will be required. These customers are allowed only one (1) container and they will be required to pay a monthly rental fee of one dollar ($1.00) for the use of the container. Non - county residents are not eligible for bulk /brush collection. (g) Condominium and townhouse development collection. The county shall provide once weekly pickup by an automated vehicle to residential customers residing in owner - occupied condominium and townhouse developments. The method of collection shall be consistent with the collection service received by other residential customers. (h) General. Debris waste will not be collected under any circumstances. (1) Mixed or contaminated loads, e.g. bulk intermingled with brush, will not be collected. (2) Solid waste contaminated with hazardous wastes will not be collected nor handled by county personnel. (Ord. No. 62888- 13[A], §§ 1, 2, 6- 28 -88; Ord. No. 72694 -4, § 1, 7- 26 -94; Ord. 012704 -3, § 1, 1- 27 -04; Ord. No. 101408 -2 § 1, 10- 14 -08) Sec. 20 -25. - Supplemental collection service. (a) Brush collection. The county provides free brush collection every other week to residential customers. Brush or other yard waste collection service will not be provided to commercial or non - county residential customers. It will be the responsibility of premium and physically - challenged customers to place any brush items at the curb for collection. Brush must be placed as close as possible to the curb line or road (at a minimum within five (5) feet) and five (5) feet away from any horizontal obstruction and have overhead clearance, such that the operation of the equipment is not impaired or restricted. Such placement shall be made no earlier Page 10 of 16 than the Saturday preceding the scheduled collection and no later than 7:00 a.m. of the day scheduled collection date. (1) Brush resulting from normal property maintenance, may not exceed six (6) feet in length or twelve (12) inches in diameter. Tree stumps less than one (1) foot in width must be free of all dirt, grass, clumps etc., in order to be collected by county personnel. Stumps must be placed manually at the curb in order to be collected. Debris waste will not be collected pursuant to this section. The cuttings, limbs, and stumps must be placed in a pile not to exceed six (6) by six (6) by six (6) feet in size. (2) Brush cuttings and tree limbs resulting from commercial tree trimming operations (contractor /commercial waste) will not be collected. (3) Brush resulting from land - clearing will not be collected. (b) Yard waste. Residential customers may place small quantities of bagged yard waste in their county - provided containers on their regularly - scheduled collection day. Excess quantities of yard waste must be placed in disposable containers, to include but not be limited to, plastic or paper bags and adjacent to the road or curb line for scheduled bulk collection. The disposable containers must be of substantial construction and shall not weigh more than nifty «n) M^, R GI S thirty (30) pounds when full. The containerized clippings must be separate from any other bulk or brush items set out for collection. (c) Seasonal collections. For a six -week period, usually beginning with the first Monday in November, bagged leaves will be collected on a schedule to be set by the director of general services. The service is not offered during the week of Thanksgiving. The county will not provide vacuum service for the collection of leaves. (1) Leaves must be placed in sturdy, tied, plastic bags within five (5) feet of curb and may not exceed thirty (30) pounds per bag. Page 11 of 16 (2) Christmas trees will be collected separately from other yard waste during a one -week period in January. Trees must be placed within five (5) feet of the curb with all decorations removed so they may be safely mulched. Notice will be provided as to exact collection dates for these services. (d) General. Materials resulting from land - clearing operations or commercial yard waste management operations will not be collected pursuant to this section. It will be the responsibility of the contractor or owner to properly dispose of any such materials. (e) Bulk collection. The county provides free collection of bulk items every other week to residential customers. Bulk collection service will not be provided to any commercial customers. It will be the responsibility of premium and backyard service customers to place any bulk items adjacent to the qualified road or curb line for collection. The bulk items must be placed as close as possible to the curb line or road (at a minimum within five (5) feet) and five (5) feet away from any obstruction. The items must be completely clear of any overhanging wires or branches, in order to be collected. Such placement shall be made no earlier than the Saturday preceding scheduled collection and no later than 7:00 a.m. the day of collection. (1) Reserved. (2) Residential customers can place no more than a pickup truck size load of bulk for pickup. If it is necessary for the materials to be containerized, the container must be of a disposable nature. (3) Bulk items include materials resulting from normal household activity, including but not limited to, items such as appliances, furniture, four (4) unmounted tires, four (4) pallets, bicycles, swing sets (disassembled), lawn furniture, and cardboard moving boxes or other trash resulting from moving and small amounts of homeowner generated building materials. Page 12 of 16 (4) Any construction /demolition waste set out for collection must be less than three (3) feet in length (wood, boards, pipes, plaster board etc.), weigh less than thirty (30) A) pounds per piece and be no more than a pickup truck load in total. Material deemed likely to be blown around shall be containerized by some means. The resulting container can weigh no more than thirty (30) fifity (A} lbs. The material cannot have resulted from contracted work. Concrete and roofing shingles will not be collected by county personnel. (5) Any material that may be wind blown must be bagged. Any glass items, such as mirrors, windows or shower doors, must be taped and bagged. (6) Latex paint may be placed out for bulk collection after it has completely solidified. (7) Excluded items: All prohibited waste, such as concrete, asphalt, pavement, roofing shingles or tiles, dirt, mulch, rock, debris waste, hazardous materials, animal carcasses, automobile parts, propane tanks and riding lawnmowers will be the responsibility of the owner or contractor to properly dispose of. (f) Additional disposal services. County residential customers are entitled to the use of a W WN I%,AI ZP .0 fourteen -foot trailer �roolnade � on a "first come, first serve" basis for a fee. The fee schedule shall be in accordance with rules and regulations promulgated by the county administrator or his designee. The trailer must be scheduled in advance and is to be used during spring cleaning, basement or attic cleaning, or major yard work projects. Use of the trailer nroolnnrJ is also governed by the following criteria: ( 1 ) (2) Materials may only be hand loaded (not mechanically) onto the trailer. Page 13 of 16 (3) Total amount of material on the trailer may weigh no more than 10,000 lbs. (4) Small items or any material susceptible to wind must be containerized in some manner, such as bags or boxes. (5) The trailer will be delivered only to occupied residential homes. Homes currently under construction are not eligible to receive the freeloader. The trailer will only be delivered to a safe and easily accessible location determined by solid waste staff. (6) The resident must be home to accept delivery of the trailer to sign a release liability form. (7) No hazardous materials or debris waste or shall be placed in trailer (8) Permissible items include 4 un- mounted tires,brush, bulk, small amounts of homeowner generated building materials and yard waste pursuant to section 20 -1 (9) Prior to removal the loads will be inspected and the resident will be required to remove non - approved materials. The load may be dumped back on the property if it is deemed unacceptable due to type or volume of material. (g) County residents may take pick -up truck loads of bulk items and brush originating from their residence to the Tinker Creek Transfer Station free of charge. The number of such loads permitted without charge, and other rules and regulations pertaining to removal and disposal of bulk items and brush at the Tinker Creek Transfer Station, shall be in accordance with rules and regulations promulgated by the county administrator or his designee. In special circumstances upon request, the county administrator or his designee may issue special dump permits for the disposal of bulk items and brush at the transfer station in addition to the number of loads generally permitted for county residents. Page 14 of 16 (Ord. No. 62888- 13[A], §§ 1, 2, 6- 28 -88; Ord. No. 72694 -4, § 1, 7- 26 -94; Ord. 012704 -3, § 1, 1- 27 -04; Ord. No. 101408 -2 § 1, 10- 14 -08) Sec. 20 -26. - Penalties. Any violation of the provisions of article II shall be punishable as a class 3 misdemeanor. In addition, collection service by the county may be discontinued until the violation is abated or corrected. (Ord. No. 012704 -3, § 1, 1- 27 -04) Sec. 20 -27. - Reserved. Editor's note -m-m Ord. No. 72694 -4, § 1, adopted July 26, 1994, deleted, in effect repealed, 20 -27, which pertained to special collection of excluded items and derived from Ord. No. 2177, adopted Nov. 14, 1978. Secs. 20-28-20-39. - Reserved. 2. That this ordinance shall be in full force and effect from and after its passage. Page 15 of 16 On motion of Supervisor Moore to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A COPY TESTE: - 1 Deborah C. Jacks Col Clerk to the Board of Supervisors cc: Anne Marie Green, Director of General Services Paul Mahoney, county Attorney Page 16 of 16 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 24 2012 RESOLUTION 072412 -6.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO PAMELA G. MARTIN, POLICE RECORDS SUPERVISOR, UPON HER RETIREMENT AFTER MORE THAN TWELVE (12) YEARS OF SERVICE WHEREAS, Pamela G. Martin was hired on November 22, 1999, as a Police Records Supervisor during her tenure with Roanoke County; and WHEREAS, Ms. Martin retired on June 30, 2012, after twelve (12) years and six (6) months of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County, Ms. Martin performed a crucial role in the development and implementation of paperless storage, for all criminal investigation reports; and WHEREAS, during her time serving Roanoke County, Ms. Martin was responsible for the receipt, processing and reporting of all criminal investigation and traffic reports originating from events within the County of Roanoke; and WHEREAS, the critical task for reporting accurate and timely criminal activity information to the FBI Uniform Crime Reports was performed in an outstanding and comprehensive manner; and WHEREAS, Ms. Martin went above and beyond in her efforts to recognize her staff within the Records Unit by having frequent events to foster team work; and WHEREAS, Ms. Martin extended her teamwork efforts and relationship building endeavors by inviting other segments of the department to join the Records Unit in their events; and WHEREAS, Ms. Martin was known for her leadership, unwavering energy, relentless Page 1 of 2 tenacity, outstanding performance and faithful service with the County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does express its deepest appreciation and the appreciation of the citizens of Roanoke County to PAMELA G. MARTIN for twelve (12) years and six (6) months of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. 0n motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A OPY TESTE: q,q.. - Deborah C. Jacks Clerk to the Board of Supervisors Page 2of2 ACTION NO. A- 072412 -6 . b ITEM NO. J -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 24, 2012 AGENDA ITEM: Confirmation of appointments to the Board of Zoning Appeals (appointed by District); Western Virginia Regional Jail Authority SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Board of Zoning Appeals (appointed by District) Supervisor Charlotte Moore has recommended the appointment of Barry Beckner to represent the Cave Spring District for the unexpired term of Kevin Barnes, who has accepted a job out of State. This term expires June 30, 2014. Confirmation of this appointment has been placed on the Consent Agenda. 2. Western Virginia Regional Jail Authority During the Closed Session of the Board of Supervisors on June 26, 2012, the Board was notified Diane D. Hyatt would be retiring. It was the consensus of the Board to recommend the appointment of Rebecca Owens, effective August 1, 2012, to complete the unexpired term of Ms. Hyatt. This term will expire on December 31, 2012. Page 1 of 2 VOTE: Supervisor Altizer moved to approve the Staff recommendation. Motion approved. cc: Rebecca Owens, Director of Finance Paul Mahoney, County Attorney Mary Brandt, Clerk, WVRJA Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Rebecca Owens, Director of Finance Paul Mahoney, County Attorney Mary Brandt, Clerk, WVRJA 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, JULY 24 2012 RESOLUTION 072412 -6.c AMENDING RESOLUTION 102610 -5 APPOINTING THE AUTHORITY BOARD MEMBERS FOR THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY WHEREAS, Resolution 102610 -5 adopted by the Board of Supervisors on October 26, 2010, appointed five individuals to serve on the authority board for the South Peak Community Development Authority; and WHEREAS, since the appointment one of the appointees, Diane D. Hyatt, will retire from her position at Roanoke County and has indicated she will withdraw from serving on this board; and WHEREAS, the Board of Supervisors may remove at any time, without cause, any member appointed by it and may appoint a successor member to fill the unexpired portion of the removed member's term. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County that this Board hereby appoints the following member to the South Peak Community Development Authority effective August 1, 2012, to replace Diane D. Hyatt for the remainder of a four (4) year term expiring on October 25, 2014: Rebecca Owens BE IT FURTHER resolved that the Clerk to the Board be, and hereby is, directed to send a copy of this resolution to the individual named herein and the other members of the South Peak Community Development Authority. Page 1 of 2 On motion of supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, church, Elswick, Flora NAYS: None A O Y TESTE: Deborah C. Jacks Clerk to the Board of Supervisors Page 2 of 2 ACTION NO. A- 072412 -6 . d ITEM NO. J -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: July 24, 2012 Request to accept and appropriate funds in the amount of $5,139 to the Roanoke County Public Schools for the Roanoke County Governor's Science, Technology, Engineering and Math (STEM) Academy Brenda Chastain Clerk to the Roanoke County School Board B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The planning committee for the Roanoke County Governor's Science, Technology, Engineering, and Math (STEM) Academy at The Burton Center for Arts and Technology (BCAT) successfully submitted an application to the State Board of Education. At the May 24 state board meeting, the planning committee's proposal was approved and the school division was awarded a $5,000 one -time grant to be used for the new academy. The planning committee elected to support the upgrade of the Mass Communications lab at BCAT, which is one (1) of four (4) official segments of the Governor's STEM Academy at BCAT. This is a transfer request retroactive to the 2011 -2012 fiscal year. FISCAL IMPACT: The Instructional Budget will be increased by $5,000. STAFF RECOMMENDATION: Roanoke County Schools requests that $5,000 be appropriated to the instructional program. Page 1 of 2 VOTE: Supervisor Altizer moved to approve the Staff recommendation. Motion approved. cc: Brenda Chastain, Clerk to the Roanoke County School Board Rebecca Owens, Director of Finance Diane D. Hyatt, Assistant County Administrator Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Brenda Chastain, Clerk to the Roanoke County School Board Rebecca Owens, Director of Finance Diane D. Hyatt, Assistant County Administrator Page 2 of 2 ACTION NO. A- 072412 -6 . e ITEM NO. J -6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: July 24, 2012 Request to accept and appropriate Virginia Office of Emergency Medical Services fifty percent (50 %) matching grant (WV- C07/06 -12) in the amount of $14,827 for the purchase of a Mechanical CPR Device for use on cardiac arrest patients Richard E. Burch, Jr. Chief of Fire and Rescue B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Health, Office of Emergency Medical Services, has awarded the Fire and Rescue Department a fifty percent (50 %) matching grant #WV- C06/12 -11 totaling $14,827 for one (1) Mechanical CPR Device for use on cardiac arrest patients. The Virginia Department of Health will fund fifty percent (50 %) of the purchase amount which equates to $7,413.50. The remaining $7,413.50 will be funded by Fire and Rescue's existing budget in 487100 -6040. The purchase of this new equipment will not only provide consistent, constant CPR during patient transport but also reduces the risk to responders by allowing them to remain seat belted during the transport. FISCAL IMPACT: The total amount of the purchase is $14,827 and the department has already budgeted for the match of $7,413.50 out of the existing 487100 -6040 budget. Page 1 of 2 ALTERNATIVES: Without the acceptance and appropriation of this grant, the department will not be able to purchase the equipment. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the grant funds in the amount of $7,413.50 and matching funds in the amount of $7,413.50 into the Fire and Rescue Department's budget. The total amount of the equipment purchase is $14,827. VOTE: Supervisor Altizer moved to approve the Staff recommendation. Motion approved. cc: Richard E. Burch, Jr., Chief of Fire and Rescue Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: Richard E. Burch, Jr., Chief of Fire and Rescue Rebecca Owens, Director of Finance 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, JULY 24 2012 RESOLUTION 072412 -6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for July 24, 2012 designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Approval of Minutes — June 12, 2012; June 26, 2012 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Pamela G. Martin, Police Records Supervisor, upon her retirement after more than twelve (12) years of service 3. Confirmation of appointment to the Board of Zoning Appeals (appointed by District); Western Virginia Regional Jail Authority 4. Resolution amending Resolution 102610 -5 appointing the Authority Board Members for the South Peak Development Authority 5. Request to accept and appropriate funds in the amount of $5,000 to the Roanoke County Public Schools for the Roanoke County Governor's Science, Technology, Engineering and Math (STEM) Academy 6. Request to accept and appropriate Virginia Office of Emergency Medical Services fifty percent (50 %) matching grant (WV- C07/06 -12) in the amount of $14,827 for the purchase of a Mechanical CPR Device for use on cardiac arrest patients Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, church, Elswick, Flora NAYS: None A ""PY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors Page 2of2 ACTION NO. A- 072412 -7 ITEM NO. R -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 24, 2012 AGENDA ITEM: Briefing on the Commonwealth of Virginia, Department of Taxation, Review of Sales Price Data and Assessment Quality Report for Roanoke County SUBMITTED BY: B. Clayton Goodman III County Administrator APPROVED BY: B. Clayton Goodman III County Administrator SUMMARY OF INFORMATION: This time has been set aside for County Administrator, B. Clayton Goodman III to provide a briefing on the Commonwealth of Virginia, Department of Taxation, Review of Sales Price Data and Assessment Quality Report for Roanoke County. VOTE: Supervisor Flora moved to have the County Administrator authorized to make changes to the Real Estate software program to ensure that the actual price paid for real estate is reflected accurately on the County's website. Motion approved. cc: B. Clayton Goodman III, County Administrator William Driver, Director of Real Estate Assessment Page 1 of 1 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Flora � ❑ ❑ cc: B. Clayton Goodman III, County Administrator William Driver, Director of Real Estate Assessment Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JULY 24 2012 ORDINANCE 072412 -8 REZONING 11.411 ACRES FROM R -3, MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT, AND C -2C, GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS, TO R -4C, HIGH DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT, WITH CONDITIONS, IDENTIFIED AS AREA "A" ON THE CONCEPT DEVELOPMENT PLAN FOR 176 MULTI - FAMILY RESIDENTIAL UNITS; AND TO REZONE 11.940 ACRES FROM R -3, MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT, TO R -3C, MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT, WITH CONDITIONS, IDENTIFIED AS AREA "B" ON THE CONCEPT DEVELOPMENT PLAN WITH A PROFFERED DENSITY LIMIT OF 23 SINGLE FAMILY RESIDENTIAL UNITS, INVOLVING SEVERAL PROPERTIES (077.20 -01- 48.01 -0000 AND 077.20 -01- 50.00 -0000; AND PORTIONS OF 077.20 -01- 52.00 -0000 AND 087.08 -03- 11.00 -0000) LOCATED AT 4240 ELM VIEW ROAD, 4252 ELM VIEW ROAD, AND 4486 SUMMIT STREET, CAVE SPRING MAGISTERIAL DISTRICT, UPON THE APPLICATION OF SOUTH PEAK RESIDENCES LLC, ET ALS. WHEREAS, the first reading of this ordinance was held on June 26, 2012, and the second reading and public hearing were held July 24, 2012; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 3, 2012; 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. That the zoning classification of a certain tract of real estate containing approximately 11.411 acres, as described herein, and located at 4240 Elm View Road, 4252 Elm View Road and 4486 Summit Street (Tax Map Numbers 077.20 -01- 48.01 -0000 and 077.20 -01- 50.00 -0000; and portions of 077.20 -01- 52.00 -0000 and 087.08- 03- 11.00- 0000) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R -3, Medium Density Multi - Family Residential District, and C -2C, General Page 1 of 4 Commercial District, with conditions, to R -4C, High Density Multi - Family Residential District, with conditions, identified as Area "A" on the Concept Development Plan for 176 multi - family residential units; and to rezone 11.940 acres from R -3, Medium Density Multi - Family Residential District, to R -3C, Medium Density Multi - Family Residential District, with conditions, identified as Area "B" on the Concept Development Plan with a proffered density limit of 23 single family residential units, involving several properties. 2. That this action is taken upon the application of South Peak Residences, LLC; Slate Hill I, LLC; Slate Hill II, LLC; DNAL Holdings III, LLC; Elm View, LLC; M &H Holdings, LLC; McNeil Properties, LLC; Patton Place, LLC; South Peak Hotel, LLC; Woodcliff Investments, LLC; and the Western Virginia Water Authority. 3. That the owner of the property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: A. With respect to the property described on the attached Exhibit A (the Area A tract): 1. Area A will be developed in substantial conformity with the Concept Development Plan made by Mattern & Craig dated June 14, 2012 subject to such changes as may be required by Roanoke County during comprehensive site plan review. 2. The height of any building in Area A shall not exceed sixty (60) feet (as measured by the Roanoke County Zoning Ordinance). 3. All facades and finishes of buildings in Area A shall be of similar design, colors, materials and detailing as shown on the rendering prepared by Jones and Jones dated September 9, 2011, and attached hereto as Exhibit A -1. 4. No freestanding light pole, including fixture, shall be more than eighteen (18) feet above grade. All exterior lights, including security lighting, shall be down -lit or shielded so as not to direct glare onto adjoining streets or properties. The intensity at adjoining streets or properties shall not exceed 0.5 -foot candles. All street lighting shall be designed to complement the architecture of the adjacent Page 2 of 4 buildings. 5. All residential buildings in Area A shall be connected by sidewalks. Sidewalks shall be constructed in accordance with Roanoke County design standards. B. With respect to the property described on the attached Exhibit B (the Area B tract): 6. Area B shall be developed only for single - family dwellings. 7. Area B shall be subdivided such that no more than twenty -three (23) single - family dwellings shall be constructed thereon. 8. A sidewalk or walking trail, constructed in accordance with Roanoke County design standards, shall be installed along one side of the streets to be developed in Area B. 9. A row of evergreen trees shall be installed along the southern boundary of Area B which adjoins tax map parcels 87.08 -06 -16.00 through 87.08 -06 -28.00 inclusive, planted twenty (20') feet on center. 4. That said real estate is more fully described as follows: Being 11.411 acres and 11.940 acres of real estate located at 4240 Elm View Road, 4252 Elm View Road, and 4486 Summit Street and further described as Tax Map Nos. 077.20 -01- 48.01 -0000 and 077.20-01-50.00 - 0000; and portions of 077.20 -01- 52.00 -0000 and 087.08 -03- 11.00 -0000. 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. Page 3of4 On motion of Supervisor Moore to adopt the ordinance, and carried by the following roll call and recorded Vote: AYES: Supervisors Moore, Church, Elswick, Flora NAYS: None ABSTAIN: Supervisor Altizer A copy TEsTE: Deborah C. Jacks ' v Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning William Driver, Director of Real Estate Valuation Paul Mahoney, County Attorney John Murphy, Zoning Administrator Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 24 2012 RESOLUTION 072412 -9 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2 -3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. Page 1 of 2 On motion of Supervisor Flora to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None A PY TESTE: Deborah C. Jack Clerk to the Board of Supervisors Page 2 of 2