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September 20, 2005
BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA MINUTES
Regular Meeting Call to Order. A Regular Meeting of the Stafford County Board of Supervisors was called to order by Gary D. Pash, at 1:04 P. M., Tuesday, September 20, 2005, in the First Floor Conference Room, Stafford County Administration Center. Roll Call. The following members were present: Jack R. Cavalier; Peter J. Fields; Robert C. Gibbons; Kandy A. Hilliard; Mark W. Osborn; Gary D. Pash, Chairman; and Gary F. Snellings, Vice Chairman. Also in attendance were: Steve Crosby, County Administrator; Joseph L. Howard, County Attorney; and Marty Y. Beard, Chief Deputy Clerk. Legislative; Work Session on Expansion of Rappahannock Regional Jail. Mr. Snellings motioned, seconded by Ms. Hilliard, to adopt proposed Resolution R05-292. Discussion ensued.
By Roll Call, the vote was: Resolution R05-292 reads as follows:
A RESOLUTION TO AUTHORIZE THE RAPPAHANNOCK WHEREAS, the Rappahannock Regional Jail Authority consists of the City of Fredericksburg and the Counties of King George, Spotsylvania and Stafford; and WHEREAS, the regional jail was opened in Stafford County in 2000 with the Commonwealth of Virginia funding 50% of the cost and the localities funding 50% of the cost; and WHEREAS, the number of local inmates housed in the regional jail has grown steadily since the jail was opened, with the average number of inmates increasing from 346 inmates in FY2000 to 869 inmates in FY2004; and WHEREAS, the rated capacity of the jail as determined by the Virginia Board of Corrections is 592 inmates; and WHEREAS, the General Assembly in 2003 authorized the Rappahannock Regional Jail Authority to submit a Community-Based Corrections Plan and Planning Study to the Board of Corrections, which if approved will allow the regional jail authority to be eligible for 50% state funding for the cost of expanding the jail; and WHEREAS, the Rappahannock Regional Jail Authority submitted those plans to the Department of Corrections in February 2004, with the Community-Based Corrections Plan indicating that the population of the regional jail would increase to 2,101 local inmates by 2019, and the Planning Study indicating an addition of 480 beds (which number can be increased by approximately 200 beds through double bunking for a total
WHEREAS, the Rappahannock Regional Jail Authority would have to borrow approximately $33,000,000 in long term bonds to finance its share of the construction cost; and WHEREAS, the Rappahannock Regional Jail Authority is requesting the governing bodies of the four jurisdictions to agree to the expansion and the borrowing of the above amount; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of September 2005 that the Rappahannock Regional Jail Authority is authorized to proceed with plans for the expansion of the regional jail as set forth in the Community-Based Corrections Plan and the Planning Study, and that the Authority may issue new revenue bonds in an amount not to exceed $35,000,000 for such purpose; and BE IT FURTHER RESOLVED that this resolution is contingent on an identical resolution being approved by the other three governing bodies. BE IT STILL FURTHER RESOLVED that any further expansion will be outside of Stafford County. Legislative; Work Session on Stormwater Utility. Mr. Fields commented. Mr. Gibbons motioned, seconded by Mr. Fields, to authorize a public hearing to create a Stormwater Utility. Discussion ensued. Ms. Hilliard motioned, seconded by Mr. Osborn, to defer this item to the next Board meeting for a work session. Discussion ensued. Mr. Gibbons withdrew the motion. Mr. Fields withdrew the second to the motion.
By Roll Call, the Vote was: Legislative; Work Session on HOT Lane Proposals. Mr. Gibbons commented. Discussion ensued. Legislative; Closed Meeting. At 2:19 P.M., Ms. Hilliard motioned, seconded by Mr. Snellings, to adopt proposed Resolution CM05-19.
By Roll Call, the Vote was: Resolution CM05-19 reads as follows: A RESOLUTION TO AUTHORIZE CLOSED MEETING WHEREAS, the Board of County Supervisors desires to consult with counsel and discuss in Closed Meeting legal advice regarding Cable Franchise Contract Negotiation, the Aquia Wastewater Treatment Facility, the PPEA Public Safety Building Contract and property acquisition for a public purpose; and WHEREAS, pursuant to Section 2.2-3711 A3 and A7, VA Code Ann., such discussions may occur in Closed Meeting;
NOW THEREFORE, BE IT RESOLVED that the Stafford Board of Supervisors Call to Order. At 4:08 P.M., the Chairman called the meeting back to order. Legislative; Closed Meeting Certification. Mr. Snellings motioned, seconded by Osborn, to adopt proposed Resolution CM05-19a.
By Voice Vote, the Vote was: Resolution CM05-19a reads as follows:
A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD WHEREAS, the Board has, on this the 20th day of September 2005, adjourned into a closed meeting in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act, as it became effective July 1, 1989, provides for certification that such Closed Meeting was conducted in conformity with law;
Legal; Authorize County Administrator to Execute Consent Decree. Mr. Snellings motioned, seconded by Mr. Osborn, to authorize the County Administrator to sign a Consent Decree with the State Water Control Board for the Aquia Wastewater Treatment Facility.
By Voice Vote, the Vote was: Legislative; Work Session on VDOT Issues. Mr. Scott Shropshire, Acting Residency Administrator, gave a presentation and responded to Board members questions. Legislative; Closed Meeting. At 4:25 P.M., Mr. Snellings motioned, seconded by Mr. Fields, to adopt proposed Resolution CM05-20.
By Roll Call, the tally was: Mr. Pash stated that he would not participate in the Closed Meeting due to a conflict of interest.
Resolution CM05-20 reads as follows:
WHEREAS, the Board of County Supervisors desires to consult with counsel and discuss in Closed Meeting legal advice regarding Cable Franchise Contract Negotiation, WHEREAS, pursuant to Section 2.2-3711 A3 and A7, VA Code Ann., such discussions may occur in Closed Meeting; NOW THEREFORE, BE IT RESOLVED that the Stafford Board of Supervisors does hereby authorize discussions of the aforestated matters in Closed Meeting. Call to Order. At 4:55 P.M., the Chairman called the meeting back to order. Legislative; Closed Meeting Certification. Ms. Hilliard motioned, seconded by Mr. Cavalier, to adopt proposed Resolution CM05-20a.
By Roll Call, the tally was: Resolution CM05-20a reads as follows:
A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD
WHEREAS, the Virginia Freedom of Information Act, as it became effective July 1, 1989, provides for certification that such Closed Meeting was conducted in conformity with law; NOW, THEREFORE, BE IT RESOLVED that the Stafford County Board of Supervisors does hereby certify, on this the 20th day of September, 2005, that to the best of each member's knowledge: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act were discussed in the Closed Meeting to which this certification applies; and (2) only such public business matters as were identified in the Motion by which the said Closed Meeting was convened were heard, discussed, or considered by the Board. No member dissents from the aforesaid certification. Recess. At 4:56 P.M., the Chairman declared a recess until 7:00 P. M. Call to Order. At 7:02 P.M., the Chairman called the meeting back to order. Invocation. Mr. Snellings gave the Invocation. Pledge of Allegiance. Mr. Osborn led in the recitation of the Pledge of Allegiance to the Flag of the United States of America. Legislative; Suspend the Bylaws. Mr. Gibbons motioned, seconded by Mr. Osborn, to change the order of the Regular Agenda. The Voting Board tally was:
Yea: (7) Snellings, Cavalier, Fields, Gibbons, Hilliard, Osborn, Pash Legislative; Presentation of a Proclamation to Commemorate Posthumously Army Sgt. 1st Class Michael Russell. The Chairman presented the proclamation to the family of Michael Russell. Legislative; Presentation of Proclamation for “Salute to Stafford Day”. The Chairman presented the proclamation to Ruth Carlone.
Legislative; Presentation of Beautification Committee Awards. The Chairman Administration; Amend and Reordain Chapter 12 of the County Code by Adding Article VI Entitled “Department of Fire, Rescue and Emergency Services”. The County Administration gave a presentation.
The Chairman opened a public hearing. Ms. Hilliard motioned, seconded by Mr. Snellings, to adopt proposed Ordinance O05-47.
The Voting Board tally was: Ordinance O05-47 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 12 OF WHEREAS, the provisions of public safety services is a primary responsibility of the County; and WHEREAS, the seamless integration of volunteers and career personnel will enhance fire and rescue service in the County; and WHEREAS, the Board believes the appointment of a Fire & Rescue Chief is necessary and in the public's best interest; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 20th day of September, 2005, that Chapter 12 of the Stafford County Code entitled "Fire Prevention and Protection" be amended and reordained by adding Article VI entitled "Department of Fire, Rescue & Emergency Services" to read as follows: ARTICLE VI. DEPARTMENT OF FIRE, RESCUE & EMERGENCY SERVICES Sec. 12-72. Establishment of the Department of Fire, Rescue & Emergency Services The Stafford County Department of Fire, Rescue & Emergency Services (“the department”) is hereby established. The department shall provide all fire and emergency medical services and services related to civilian protection and evacuation in disasters and emergencies. The department shall also be responsible for administration of local,
Sec. 12-73. Composition of the Department of Fire, Rescue & Emergency Services The department shall be comprised of the officials and staff of the department and the following volunteer fire companies and rescue squads, which are an integral part of the official safety program of the county: Stafford Volunteer Rescue Squad, Mountain View Volunteer Rescue Squad, White Oak Volunteer Rescue Squad, Rockhill Volunteer Rescue Squad, Aquia Harbour Volunteer Rescue Squad, Falmouth Volunteer Fire & Rescue Company, Stafford Volunteer Fire Company, Widewater Volunteer Fire & Rescue Company, Mountain View Volunteer Fire Company, Brooke Volunteer Fire & Rescue Company, Hartwood Volunteer Fire & Rescue Company, White Oak Volunteer Fire Company and Rockhill Volunteer Fire Company. Sec. 12-74. Responsibilities of the Department of Fire, Rescue & Emergency Services The department shall be responsible for: (a) regulating and managing the provisions of all pre-hospital emergency patient care and services, and for regulating providers of either emergency or non-emergency transportation of patients requiring medical services. (b) regulating and managing the provision of fire prevention, protection, investigation, suppression, education and rescue services for enforcing the laws related to fire prevention and for provision of services related to hazardous materials and similar hazards which pose a threat to life and property.
Sec. 12-75. Fire & Rescue Chief The head of the department shall be known as the Fire & Rescue Chief, who shall be appointed by the County Administrator. The department shall have as many other officers and employees as the Board of Supervisors may approve. The Fire and Rescue Chief shall have the following duties: (a) provide the general management of the department function and may delegate authority to other officials and staff of the department; (b) establish and enforce departmental regulations. Such regulations shall be consistent with this chapter, but may provide for additional and more stringent requirements applicable to the department. The Fire and Rescue Chief shall have the authority to promulgate Standard Operating Procedures and Policies, both operational and administrative, after providing sufficient time for input from the Fire & Rescue Association. The Fire and Rescue Chief shall establish and enforce training and physical standards; equipment specifications for all departmental equipment, both mobile and non-mobile, and shall determine the department’s fleet size and function; (c) control of station operations, relating to the provision of Fire and Rescue services, including staffing, and shall ensure the regulations are applied to all fire and rescue personnel of the department. (d) hire, appoint and terminate officers, staff and volunteers of the department. The Fire and Rescue Chief shall provide for appropriate investigation of staff and volunteer applicants and incumbents, including a review of both criminal history and driving records; disciplinary actions will be taken in accordance with county policy. Termination of volunteers shall not occur until after providing sufficient time for input from the respective volunteer company and the Fire & Rescue Association. (e) provide general management, planning, preparation and response for any disaster that occurs in the county and requires the implementation of the county’s emergency response plan and shall function as the Coordinator of Emergency Services pursuant to Title 44 of the Virginia Code;
(f) take all actions, on behalf of the County Administrator, necessary (g) enter into contracts on behalf of the county and to expend funds after an official disaster or emergency declaration to provide for the public safety during such events in accordance with applicable laws and regulations. The Fire and Rescue Chief shall have the authority to take all actions necessary to obtain funding and assistance from other localities and from state and federal agencies for these purposes. The powers enumerated in this subsection (g) are only authorized at the express direction of the County Administrator who serves as the Director of Emergency Services, pursuant to Title 44 of the Code of Virginia. Sec. 12-76. Advisors to the Fire and Rescue Chief The Stafford County Fire and Rescue Association (Fire and Rescue Association) shall serve as an advisory group to the Fire and Rescue Chief and shall be consulted prior to the issuance of any regulations or policies related to fire or emergency medical operations. Sec. 12-77. Criminal and Driving Record Checks The Fire and Rescue Chief shall review or cause to be reviewed: (a) criminal records of applicants for employment and volunteer members in the department. The review shall be conducted in the interest of public welfare and safety, to determine if the past criminal conduct of any person with a criminal record would be compatible with the nature of the employment or volunteer service. (b) driving records of applicants for employment or volunteer status may be conducted in accordance with county personnel policies to determine if the record is compatible with employment or volunteer service. Sec. 12-78. Compliance with Regulations and Policies; Penalties (a) Compliance with all regulations, directives, policies, and procedures of the department as enforced by the Fire and Rescue Chief, by the entities, officials, and staff, is required by all fire and rescue personnel. (b) As the department’s enforcing authority, the Fire and Rescue Chief shall have the responsibility to remove, suspend or revoke the privileges of any individual or entity to operate as an EMS or fire service provider or officer in the county, for violations of regulations promulgated by the Fire and Rescue Chief or the operational medical director, or for the purpose of protecting public safety. Disciplinary action of volunteers shall not occur until after providing sufficient time for input from the respective volunteer company and the Fire & Rescue Association. (c) Volunteer members not in compliance shall be afforded a review process established by departmental regulations and applicable to any removal, suspension, or revocation of privileges.
(d) Any violation of this article for which a penalty is not specified shall be a Class 1 misdemeanor. Any misrepresentation made by any person to any county officer (e) Volunteer appeals of a decision of the Fire and Rescue Chief shall be referred to the Fire & Rescue Association. Fire & Rescue Association appeals of a decision of the Fire and Rescue Chief shall be referred to the County Administrator. Sec. 12-79. Volunteer Rescue Squads and Fire Companies Volunteer rescue squads and volunteer fire companies may be formed, named and dissolved and shall operate in compliance with applicable statutes, provisions of this chapter and regulations, including those issued by the Fire and Rescue Chief. Formation, naming and dissolution shall be effective only if approved by the Board of Supervisors. Volunteer rescue squads and volunteer fire companies may adopt by-laws for their internal administrative functions. Sec. 12-80. Definitions Stafford Fire & Rescue Association shall consist of two representatives from each recognized volunteer company and two career fire and rescue employees. Fire & Rescue Personnel includes emergency responder volunteers and career fire and rescue county employees. Planning; Amend the Zoning Ordinance Regarding Non-Conformities and Open Space Ration and Amend the Subdivision Ordinance for Water and Sewer Notes on Preliminary Subdivision Plans. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation. The Chairman opened a public hearing.
The following persons spoke: Mr. Gibbons motioned, seconded by Mr. Osborn, to adopt proposed Ordinance O05-24. Discussion ensued. Mr. Fields made a substitute motion, seconded by Ms. Hilliard, to refer proposed Ordinance O05-24 to the Community and Economic Development Standing Committee.
The Voting Board tally on the substitute motion was: Mr. Gibbons motioned, seconded by Mr. Snellings, to adopt proposed Ordinance O05-44. Discussion ensued.
The Voting Board tally on the substitute motion was:
The Voting Board tally on the original motion was: Ordinance O05-44 reads as follows: AN ORDINANCE TO AMEND AND REORDAIN SECTION 28-38, PERFORMANCE REGULATIONS, OF THE ZONING ORDINANCE WHEREAS, the County has open space ratio requirements for zoning districts to create and preserve open areas and greens space within a development; and WHEREAS, a hardship has to be demonstrated for the Board of Zoning Appeals to approve a variance from the open space ratio requirements; and WHEREAS, a special exception requires a public hearing by the Board of Zoning Appeals; and WHEREAS, the Board desires to allow a special exception for the modification of the open space ratio requirements; and WHEREAS, the Board has carefully considered the recommendations of the Planning Commission and staff and the testimony at the public hearing; and
WHEREAS, the Board finds that public necessity, convenience, general welfare NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 20th day of September, 2005, that Section 28-38 of the Zoning Ordinance be and it hereby is amended and reordained as follows, with all other portions remaining the same: Sec. 28-38. Performance regulations. (j) Exceptions to Open space ratio. The Board of Zoning Appeals may modify the open space ratio requirements otherwise imposed in any district for a specific use by review and approval of a special exceptions, pursuant to the provisions of Section 28-351. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Ordinance O05-45.
The Voting Board tally was: Ordinance O05-45 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN THE COUNTY CODE WHEREAS, preliminary subdivision plans are required to show a conceptual layout of water distribution and wastewater collection; and
WHEREAS, the Board desires to remove the utilities statement from preliminary plans; and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission and staff and the testimony at the public hearing; and WHEREAS, the Board finds that public necessity, convenience, general welfare, or good subdivision practice requires adoption of such an ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 20th day of September, 2005, that the Stafford County Code be and it hereby is amended and reordained by amending Section 22-58(6) as follows: a. A statement signed by an engineer giving estimates of the projected water and sewer needs of the entire development in gallons per day. b. A signed statement from the public utilities administrator that the county currently has or plans to provide adequate public water and wastewater facilities to serve the project. c b. A concept plan for the water distribution and wastewater collection system, showing general horizontal alignment, direction of flow, and points of connection to the existing system.
The Chairman opened a public hearing.
Mr. Snellings motioned, seconded by Mr. Osborn, to adopt proposed Resolution
The Voting Board tally was Resolution R05-344 reads as follows: A RESOLUTION TO BUDGET AND APPROPRIATE FUNDS IN FY2006 WHEREAS, Parcels 30-58 and 30-70A have been identified as a good location for future Government facilities, and WHEREAS, the Board on September 6, 2005, by Resolution R05-341 authorized the County Administrator to purchase Parcels 30-58 and 30-70A; and WHEREAS, the Stafford Regional Airport is currently served with inadequate water and sewer services, and WHEREAS, the Stafford Regional Airport Authority has requested financial assistance to resolve this matter; and
WHEREAS, the Board has carefully considered the recommendation of staff and the testimony at the public hearing;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of September, 2005, that funds be and hereby are budgeted and appropriated in Fiscal Year 2006 as follows: UTILITIES FUND $ 526,120 Legislative; Video Presentation on Crows Nest. A film entitled “Stafford County’s Last Refuge” regarding Crows Nest was shown. Presentations by the Public. The following persons spoke on topics as identified:
Arch DiPeppe - Crows Nest
Vincent Staley - Crows Nest Ms. Hilliard motioned, seconded by Mr. Fields, to request that the County Administrator arrange a fair market value appraisal of Crows Nest in its entirety be conducted. Discussion ensued.
The Voting Board tally was: Ms. Hilliard motioned, seconded by Mr. Fields, to request that staff prepare ordinance amendment alternatives that would address expansion of Critical Resource Protection Areas (CRPA) to include intermittent steams, highly erodible soils, and steep slopes where adjacent to CRPA. The Voting Board tally was:
Yea: (7) Fields, Gibbons, Hilliard, Osborn, Pash, Snellings, Cavalier Legislative; Regional Efforts on Support of Crows Nest. Mr. Gibbons motioned, seconded by Mr. Snellings, request that the County Administrator approach the localities in Planning District 16 regarding funding support. Legislative; Consent Agenda. Mr. Fields motioned, seconded by Mr. Osborn, to adopt the Consent Agenda consisting of Items 9 thru 17, omitting item 11.
The Voting Board tally was: Administration; Authorize Public Hearings. Grant an Easement to Dominion Virginia Power on County Property off Layhill Road. Resolution R05-333 reads as follows:
A RESOLUTION TO AUTHORIZE A PUBLIC HEARING TO GRANT WHEREAS, Dominion Virginia Power has requested an easement across County property located at Parcel 46-93E off Layhill Road; and WHEREAS, the granting of this easement will allow Dominion Virginia Power to install underground facilities to serve the Leeland Station project and the proposed Library site; and WHEREAS, Section 15.2-1800 of the Code of Virginia (1950), as amended, requires that a public hearing be held prior to the granting of such an easement; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of September 2005, that the County Administrator be and he hereby is authorized to advertise a public hearing on the granting of an easement to Dominion Virginia Power. Consider a Franchise Agreement with Adelphia Communications Corporation and Consider the Proposed Transfer of the Cable Franchise from Adelphia to Comcast Corporation. Resolution R05-339 reads as follows:
A RESOLUTION TO AUTHORIZE A PUBLIC HEARING TO CONSIDER WHEREAS, Adelphia Communications has been providing service to County residents under an extended franchise; and WHEREAS, the County has been awaiting resolution of Adelphia’s bankruptcy proceedings before initiating franchise renewal negotiations; and
WHEREAS, Adelphia Communications has requested County approval to transfer the cable system and franchise in Stafford County to Comcast Corporation by October 14, 2005; and NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of September, 2005, that the County Administrator be and he hereby is authorized to advertise a public hearing to be held on October 4, 2005, to consider a franchise agreement with Adelphia Communications Corporation and to consider the proposed transfer of the cable franchise from Adelphia to Comcast Corporation. Vacate a Sanitary Sewer Easement at 108 Cool Spring Road for the Claiborne Run Sewer Interceptor. Resolution R05-336 reads as follows:
A RESOLUTION TO AUTHORIZE A PUBLIC HEARING TO WHEREAS, the owner’s of Parcel 54-69A have agreed to grant a sanitary sewer easement on their property provided the County provide documentation that the existing sewer easement will be released back to them upon completion of the project; and WHEREAS, the vacation of this easement will not interfere with the operation of the sewer system once the new sewer main is placed in operation; and
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of September, 2005, that the County Administrator be and he hereby is authorized to hold a public hearing to vacate a sanitary sewer easement on Tax Map 54, Parcel 69A. Convey 75 Acres to the University of Mary Washington Real Estate Foundation. Resolution R05-217 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, GHA-Westlake L.L.C., has dedicated, granted and conveyed 75 acres in the Hartwood Election District to the County for public use for an accredited institution of higher learning; and WHEREAS, it is the desire of the Board to further convey said parcel to the University of Mary Washington Real Estate Foundation; and WHEREAS, a public hearing is required for this transfer; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of September, 2005, that the County Administrator be and he hereby is authorized to advertise a public hearing on October 4, 2005, to convey a
Administration; Establish the Stafford County Fire and Rescue Association.. Resolution R05-340 reads as follows:
A RESOLUTION TO ESTABLISH THE STAFFORD COUNTY FIRE WHEREAS, the Board has adopted Ordinance O05-47 which created the position of Fire and Rescue Chief; and WHEREAS, the Ordinance refers to the Stafford County Fire and Rescue Association as the advisory body to the Fire and Rescue Chief; and WHEREAS, the Stafford County Fire and Rescue Association will be comprised of two representatives from each recognized volunteer company and two representatives from the Department of Fire, Rescue, and Emergency Services; and WHEREAS, it is necessary for the Board to officially recognize the Fire and Rescue Association;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of September 2005 that the Stafford County Fire and Utilities; Award a Contract for Construction of the Grafton Water Tank. Resolution R05-345 reads as follows: A RESOLUTION TO RECOGNIZE THE FIRE AND EMS COMMISSION WHEREAS, Resolution R93-307 created the Fire and EMS Commission as an advisory body to the Board of Supervisors; and WHEREAS, the Commission has been diligent in the pursuit of it’s responsibilities; and WHEREAS, the evolution of providing fire and rescue services to the citizens of Stafford has resulted in the creation of and Fire and Rescue Chief; and WHEREAS, the Board has officially recognized the Stafford Fire and Rescue Association as the advisory body to the Fire and Rescue Chief; and WHEREAS, the Fire and Rescue Association will perform most of the responsibilities originally intended for the Fire and EMS Commission; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of September 2005 that the Board be and it hereby does officially commend the Fire and EMS Commission for its service to the community; and BE IT FURTHER RESOLVED that the Fire and EMS Commission will expire effective December 31, 2005. Utilities; Authorize Acquisition of Easements for Claiborne Run Sewer Interceptor on Tax a Map Parcels 54-70 and 54-73. Resolution R05-343 reads as follows:
A RESOLUTION TO AUTHORIZE THE ACQUISITION WHEREAS, Staff has completed design of the Claiborne Run Sewer Interceptor; and WHEREAS, sanitary sewer easements are necessary for the location of the new sewer line; and WHEREAS, the owners of Tax Map 54, Parcel 70, have agreed to grant the necessary easement on their property for $1,000; and WHEREAS, Staff has determined that this amount is reasonable compensation;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of September, 2005, that the County Administrator be Resolution R05-335 reads as follows
A RESOLUTION TO AUTHORIZE THE ACQUISITION WHEREAS, Staff has completed design of the Claiborne Run Sewer Interceptor; and WHEREAS, sanitary sewer easements are necessary for the location of the new sewer line; and WHEREAS, the owners of Tax Map 54, Parcel 73, have agreed to grant the necessary easement on their property for $500; and WHEREAS, Staff has determined that this amount is reasonable compensation;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of September, 2005, that the County Administrator be Legislative; Appoint an Animal Control Officer. Resolution R05-348 reads as follows:
A RESOLUTION TO APPOINT A DEPUTY ANIMAL WHEREAS, the Code of Virginia provides for the appointment of an Animal Control Officer and his deputies by the governing body; and
WHEREAS, Section 5-2 of the County Code requires the appointment of the WHEREAS, the Board has previously appointed the following: NAME Michael E. Null, Jr. Animal Control Officer (ACO)
Sabrina A. Morrison Deputy ACO
WHEREAS, the Board desires to fill this position; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of September, 2005, that NAME Ramona S. Jackson Deputy ACO be and she hereby is appointed as a Deputy Animal Control Officer for enforcing the animal control laws. Finance; Approve Expenditure Listings. Resolution R05-349 reads as follows:
A RESOLUTION TO APPROVE EXPENDITURE LISTING (EL) DATED WHEREAS, the Board has appropriated funds to be expended for the purchase of goods and services in accordance with an approved budget; and WHEREAS, the payments appearing on the above-referenced Listing of Expenditures represent payment of $100,000 and greater for the purchase of goods and/or services which are within the appropriated amounts; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of September, 2005, that the above-mentioned EL be and it hereby is approved. Economic Development; Concur with the Inducement Resolution of the Economic Development Authority for Bond Financing for Rappahannock Goodwill Industries. Resolution R05-350 reads as follows:
A RESOLUTION TO SUPPORT THE ISSUANCE OF THE ESSEX
WHEREAS, the Industrial Development Authority of Essex County (the “Essex · A 14,000 square foot retail store and job help center to be located on approximately 1.56 acres of land at 72 Doc Stone Road, Stafford, Virginia 22556, in Stafford County, Virginia (“Stafford County”); · A 12,000 square foot retail store and job help center to be located on approximately 1.82 acres of land on the west side of U. S. Route 17 Bypass in Spotsylvania County, Virginia (“Spotsylvania County”); and WHEREAS, the Projects will be used by the applicant in the furtherance of its mission of training and employing people with disabilities and others with barriers to employment. The Applicant’s service area includes , among the areas, Essex County, Virginia (“Essex County”), Stafford County and Spotsylvania County; and WHEREAS, following a public hearing held by the Essex Authority on September 13, 2005, the Essex Authority adopted a resolution (the “Inducement Resolution”) in which it requested that the Board approve of the issuance of the Bonds by the Essex Authority and concur with the Inducement Resolution. Following a public hearing held by the Stafford Authority on September 9, 2005, the Stafford Authority adopted a resolution (the “Stafford Authority Resolution”) in which it recommended and requested that the Board approve of the issuance of the Bonds by the Essex Authority and concur with the Inducement Resolution. In a resolution adopted by the Board of Supervisors of Essex County) the “Essex Board”) on September 13, 2005 (the “Essex Board Resolution”), the Essex Board supported such requests. WHEREAS, a copy of the Inducement Resolution, the Stafford Authority Resolution, the Essex Board Resolution, a reasonably detailed summary of the comments expressed at the Stafford Authority public hearing and the Applicant’s fiscal impact statements have been filed with the Board; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of September, 2005, that it be and hereby does adopt the following: The Board approves the issuance of the Bonds by the Essex Authority in a principal amount not to exceed $5,000,000, which may be issued in one or more series and from time to time, for the benefit of the applicant, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code (1950), as amended, to permit the Essex Authority to assist in the development and financing of the Projects in Stafford County and Spotsylvania County. The Board concurs with the Inducement Resolution. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Projects or the applicant. Further, as required by Section 15.2-4909 of the Virginia Code (1950), as amended, the Bonds shall provide that neither the Essex Authority, Stafford Authority, Essex County, Stafford County nor Spotsylvania County shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefore and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the Essex Authority, the Stafford Authority, Essex County, Stafford County and Spotsylvania County, shall be pledged thereto. This resolution shall take effect immediately upon its adoption. Legislative; Approve a Proclamation to Designate October 2005 as “Meet the Blind Month” in Stafford. Proclamation P05-31 reads as follows:
A PROCLAMATION DESIGNATE OCTOBER 2005
WHEREAS, today the Federation, representing more than 50,000 members across the country, continues to work to secure equal rights and opportunities for the blind; and WHEREAS, the NFB works to change attitudes about blindness by providing information to parents, teachers, school administrators, and to business, political, social, and civic leaders; and WHEREAS, since blind people and blindness are still frequently misunderstood, the National Federation of the Blind has developed a public education campaign, designated “Meet the Blind Month,” to create opportunities for the people of Virginia to learn firsthand that blind people are basically like everyone else; and WHEREAS, the Fredericksburg Area Chapter of the National Federation of the Blind, now in its fourth year, invites neighbors, coworkers, and classmates to join them at various “Meet the Blind” events throughout the Month of October to learn how blind people lead full and active lives; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 20th day of September, 2005, that October 2005 be and it hereby is designated as “Meet the Blind Month” in Stafford. Administration; Recognize the Fire and EMS Commission. Mr. Snellings commented. Mr. Snellings motioned, seconded by Ms. Hilliard, to adopt proposed Resolution R05-345.
The Voting Board tally was: Resolution R05-345 reads as follows: A RESOLUTION TO RECOGNIZE THE FIRE AND EMS COMMISSION WHEREAS, Resolution R93-307 created the Fire and EMS Commission as an advisory body to the Board of Supervisors; and WHEREAS, the Commission has been diligent in the pursuit of it’s responsibilities; and WHEREAS, the evolution of providing fire and rescue services to the citizens of Stafford has resulted in the creation of and Fire and Rescue Chief; and WHEREAS, the Board has officially recognized the Stafford Fire and Rescue Association as the advisory body to the Fire and Rescue Chief; and WHEREAS, the Fire and Rescue Association will perform most of the responsibilities originally intended for the Fire and EMS Commission; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of September 2005 that the Board be and it hereby does officially commend the Fire and EMS Commission for its service to the community; and BE IT FURTHER RESOLVED that the Fire and EMS Commission will expire effective December 31, 2005.
Mr. Cavalier motioned, seconded by Mr. Gibbons, to adopt proposed Resolution R05-276 with changes. Discussion ensued.
The Voting Board tally was: Resolution R05-276 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the property at 69 Woodrow Drive is an approved Pump and Haul customer under Resolution R03-410; and WHEREAS, Resolution R03-410 provides that the property owners may not expand and/or modify the existing structure unless approved on a case-by-case basis by the Utilities Commission and the Board; and WHEREAS, the owners of 69 Woodrow Drive desire to replace the structure; and WHEREAS, the Utilities Commission has recommended approval in exchange for setting a maximum amount of wastewater the County will be responsible for removing;
BE IT FURTHER RESOLVED that the County’s obligation for wastewater pump and haul from 69 Woodrow Drive be limited to 2,000 gallons per month; and BE IT STILL FURTHER RESOLVED that the owners of 69 Woodrow Drive bear all responsibility for removal of wastewater in excess of 2,000 gallons per month. Adjournment. At 10:00 A. M., the Chairman declared the meeting adjourned.
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