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September 6, 2005
BOARD OF SUPERVISORS 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 1:02 P. M., Tuesday, September 6, 2005, in the Board Chambers, 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 Howard, County Attorney; and Marty Y. Beard, Chief Deputy Clerk.
Presentations by the Public-I. The following persons spoke on topics as identified: Legislative; Report of the Superintendent of Schools. Dr. Jean Murray, Division Superintendent of Schools, gave a presentation on current school issues and responded to Board members questions.
Legislative; Report of the County Attorney. Mr. Joseph L. Howard, County Attorney, commented on the following: Legislative; Report of the County Administrator. Mr. Steve Crosby, County Administrator, commented on the following:
- Operating efficiencies between Human Resources of Schools and the County.
The Voting Board tally was: Item 1. Legislative; Approve Minutes of Board Meeting. Regular Meeting on July 5, 2005. Item 3. Finance; Approve Expenditure Listings. Resolution R05-274 reads as follows:
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 2nd day of August, 2005, that the above-mentioned EL be and it hereby is approved. Item 4. Finance; Reappropriate Funds from FY2005 to FY2006 Capital Projects Purchase Orders and Incomplete Commitments. Resolution R05-291 reads as follows:
A RESOLUTION TO REAPPROPRIATE FUNDS FROM WHEREAS, the Code of Virginia stipulates that appropriations be approved for the maximum period of one fiscal year only and that appropriations expire or lapse at the end of a fiscal year; and WHEREAS, the County has executed orders or contracts for the purchase of goods and services that were not received by June 30, 2005, and for which funding was provided in prior years; and WHEREAS, various projects approved and funded in prior years were not complete by June 30, 2005; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 2nd day of August, 2005, that the amounts for outstanding encumbrances and incomplete projects as of June 30, 2005, be and they hereby are appropriated to Fiscal Year 2006 as follows:
General Fund
Transportation Fund
E-911 FUND
Tourism Fund
Parks & Recs Bond Fund Total Governmental Funds $ 11,684,152
Utilities Fund
Resolution R05-247 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE AN AMENDMENT TO AN "AGREEMENT FOR HIGHWAY WHEREAS, the County Administrator entered into an agreement with the Virginia Department of Transportation (VDOT) on February 18, 1999, wherein the County agreed to perform all work necessary for the improvement to Garrisonville Road (SR-610) from Mine Road (SR-684) to Onville Road (SR-641); and WHEREAS, the County Administrator subsequently amended said agreement on May 5, 2004, wherein VDOT agreed to acquire right-of-way and relocate utilities for this project; and WHEREAS, it is in the best interest of the citizens of the County that this project be executed expeditiously and efficiently; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 2nd day of August, 2005, that the County Administrator be and he hereby is authorized to execute an amendment to the 1999 County/State Agreement for VDOT to manage the construction phase of Project 0610-089-168,C502, UPC 50794. Item 6. Public Services; Abandon and Add Certain Sections of Roads in the State Secondary System of Highways. Resolution R05-275 reads as follows: A RESOLUTION TO ADD AND ABANDON CERTAIN SECTIONS OF DEACON ROAD (SR-607), COOL SPRINGS ROAD (SR-607), BUTLER ROAD (SR-212), WHITE OAK ROAD (SR- 218), RIDGE POINTE LANE (SR-1389), NORTHSIDE DRIVE (SR-1107), THOMSON AVENUE (SR-1130) AND DISTRICT SHOP ROAD (SR-1149) TO THE STATE PRIMARY AND SECONDARY SYSTEM OF HIGHWAYS WHEREAS, the Virginia Department of Transportation (VDOT) has provided the Board with a sketch, dated December 15, 2004, depicting the additions and abandonments required in the Primary and Secondary System of State Highways as a result of Project 0218-089-V05, C501; and WHEREAS, the new roads serve the same citizens as those portions of old road identified to be abandoned and those segments no longer serve a public need; and WHEREAS, as a result of these improvements, adjustments need to be added to the Primary and Secondary System of State Highways; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 2nd day of August, 2005, that VDOT be and it hereby is requested to add to the primary and secondary system of state highways those portions of road identified herein, and depicted on the contained herein, sketch, pursuant to Section 33.1-229, Code of Virginia (1950), as amended:
Section 15, Length .09 Miles BE IT FURTHER RESOLVED that the Board concurs with the abandonment as part of the primary and secondary system of state highways those portions of road identified herein, and depicted on the attached sketch, pursuant to Sections 33.1-151 and 33.1-155, Code of Virginia (1950), as amended:
Section 1, Length .18 Miles BE IT STILL FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Residency Administrator of VDOT. Item 7. Public Services; Authorize the County Administrator to Execute a Contract for Custodial Services at Various County Facilities. Resolution R05-279 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A CONTRACT FOR CUSTODIAL SERVICES AT VARIOUS WHEREAS, the Department of Public Services, Property Management Division, desires the services of outside contractors to perform custodial services that are beyond the capabilities of County resources; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 2nd day of August, 2005, that the County Administrator be and he hereby is authorized to execute a contract with CC Building Services, Inc. in an amount not to exceed One Hundred Seventy-six Thousand Eight Hundred Forty-seven Dollars ($176,847); and BE IT FURTHER RESOLVED that, subject to funds being appropriated each year for this purpose, the contract shall have an option to renew for up to four additional one-year terms, if mutually agreed upon. Item 8. Public Services; Authorize the County Administrator to Execute a Contract for Security Services for the Government Center and the Rowser Building. Resolution R05-280 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 2nd day of August, 2005, that the County Administrator be and he hereby is authorized to execute a contract with Securitas Security Services USA, Inc. in an amount not to exceed $227,600 for FY2006. Item 10. Utilities; Award A Contract for Purchase of Chemicals. Resolution R05-286 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the Department of Utilities desires to purchase Thioguard; and WHEREAS, funds have been appropriated in the FY2006 Operating Budget for these purchases; and WHEREAS, Premier Chemicals is the sole supplier for the Thioguard chemical used by the County for its odor control system; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 2nd day of August 2005, that the County Administrator be and he hereby is authorized to execute a contract with Premier Chemicals in an amount not to exceed One Hundred Fifty-five Thousand dollars ($155,000) for the purchase of Thioguard odor control chemical; and BE IT FURTHER RESOLVED that, subject to funds being appropriated each year for this purpose, the contract shall have an option to renew for up to four additional one-year terms, if mutually agreed upon. Item 11. Utilities; Award Contracts for Construction of Kellogg Mill Road and Greenbank Road/Sanford Drive Waterlines. Resolution R05-289 reads as follows:
A RESOLUTION TO AWARD A CONTRACT FOR CONSTRUCTION WHEREAS, the property owners in the vicinity of Kellogg Mill Road have petitioned the County for public water service; and WHEREAS, the Board previously authorized construction of this project; and WHEREAS, this project has been offered for public bids and five bids were received; and WHEREAS, Tavares Concrete Company, Inc. is the lowest responsive bidder with a bid of Three Hundred Fifty Thousand Dollars ($350,000); NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 2nd day of August, 2005, that the County Administrator be and he hereby is authorized to execute a contract with Tavares Concrete Company, Inc. in an amount not to exceed Three Hundred Fifty Thousand Dollars ($350,000) for construction of the Kellogg Mill Road Water Line. Resolution R05-290 reads as follows:
WHEREAS, the property owners in the vicinity of Greenbank Road/Sanford Drive have petitioned the County for public water service; and WHEREAS, the Board previously authorized construction of this project; and WHEREAS, this project has been offered for public bids and four bids were received; and WHEREAS, Capitol Contractors, Inc. is the lowest responsive bidder with a bid of Five Hundred Three Thousand Three Hundred Dollars ($503,300); NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 2nd day of August, 2005, that the County Administrator be and he hereby is authorized to execute a contract with Capitol Contractors, Inc. in an amount not to exceed Five Hundred Three Thousand Three Hundred Dollars ($503,300) for construction of the Greenbank Road/Sanford Drive water lines. Item 12. Utilities; Authorize Acquisition of Easement for Replacement of the Claiborne Run Sewer Interceptor. Resolution R05-293 reads as follows: A RESOLUTION TO AUTHORIZE THE ACQUISITION OF AN EASEMENT ON PARCEL 54-63A FOR THE REPLACEMENT OF THE CLAIBORNE RUN SEWER INTERCEPTOR
WHEREAS, Staff has completed design of the Claiborne Run Sewer Interceptor; and WHEREAS, the owner of Tax Map 54, Parcel 63A, Kathleen R. Morgan, has agreed to grant the necessary easement on her property for $1,300; 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 2nd day of August, 2005, that the County Administrator be and he hereby is authorized to execute an easement for the Claiborne Run Sewer Interceptor replacement in an amount not to exceed One Thousand Three Hundred Dollars ($1,300). Item 13. Parks and Recreation; Revise Parks and Recreation Facility Rental Fees. Resolution R05-288 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO WHEREAS, facility rental fees are considered to represent a fair and equitable method to finance the cost of park and building operations; and WHEREAS, increasing costs of providing recreation facilities and services create a periodic need to increase the related fees to help defray such costs; and WHEREAS, Staff has reviewed the current fees which were instituted in 2001 and recommended that increases/changes in rental fees be considered at this time; and
WHEREAS, the Parks and Recreation Commission endorsed the recommended fee changes; Legislative; Approve Proclamations. Ms. Hilliard motioned, seconded by Mr. Gibbons, to adopt proposed proclamations P05-24, P05-25, and P05-26.
The Voting Board tally was: Proclamation P05-24 reads as follows:
A PROCLAMATION TO RECOGNIZE AND COMMEND WHEREAS, Mr. Carl Lewis was the Organizing Chairman and the first Official Committee Chairman for a new Boy Scout Troop established in Stafford in June 1955; and WHEREAS, Boy Scout Troop 840, sponsored by the North Stafford Community Improvement League, was originally activated with 22 new Scouts and eight Scouters, and was chartered by the Boy Scouts of America in November 1955; and WHEREAS, Boy Scout Troop 840 has participated in countless community service projects to benefit the residents of the north Stafford community; and WHEREAS, Boy Scout Troop 840 has had a positive influence on the youth of Stafford County by bringing the promise of Scouting, strong moral values, and positive leadership to more than 2,500 boys; and WHEREAS, over the past 50 years, Boy Scout Troop 840 has produced 75 Eagle Scouts who have served as positive role models for others to follow; and WHEREAS, Boy Scout Troop 840 has a current active enrollment of 60 Scouts, and is the longest continuously active Troop in the County; and WHEREAS, the adults who work with and teach these Scouts have dedicated countless volunteer hours and significant time away from their own families to foster the ideals of Scouting and community service; and WHEREAS, the Board desires to bring to the attention of citizens everywhere the commitment and enthusiasm with which the Scouts and Leaders of Troop 840 have lived their lives in support of the principles of Scouting; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this 2nd day of August, 2005, that Aquia District Boy Scout Troop 840 be and it hereby is recognized and commended for 50 years of continuous service to the citizens of Stafford. Proclamation P05-25 reads as follows:
A PROCLAMATION TO COMMEMORATE WHEREAS, Lloyd Lee Boxley, Sr. was an influential teacher, activist and community leader who passed away on July 16, 2005; and WHEREAS, Lloyd Lee Boxley, Sr. was educated in the Caroline County school system, and attended Virginia State before joining the U.S. Army during World War II, retiring with the rank of Technical Sergeant in 1945; and WHEREAS, Lloyd Lee Boxley, Sr. returned to Virginia State where he earned a Bachelor of Science Degree in agriculture, and then continued his graduate education at Virginia Polytechnic Institute and State University; and WHEREAS, Lloyd Lee Boxley, Sr. taught agricultural classes at Union, Bowling Green and Caroline High Schools and adult education classes to World War II veterans, and still found time to volunteer with the New Farmers of America and Future Farmers of America organizations and serve as an advisor to the United States Department of Agriculture Farm Service Agency; and WHEREAS, Lloyd Lee Boxley, Sr. worked on behalf of numerous political and civic organizations, including serving as Chair of the Caroline County Planning Commission, Caroline County Board of Zoning Appeals and Caroline County School Board; and served as a member of the Board of Directors of the American Cancer Society and board of trustees of Prince Hall Masons, Welcome Lodge 125; and WHEREAS, Lloyd Lee Boxley, Sr. dedicated his expertise and countless hours to help people in need through his work with the Rappahannock Area Development Commission and the Rappahannock Area Agency on Aging; and WHEREAS, Lloyd Lee Boxley, Sr. was a loving and spiritual servant of God at St. John Baptist Church where he was Church Clerk for 40 years, served on the Deacon Board, and chaired the Cemetery, Men’s Day, Budget and Building Fund Committees; and WHEREAS, the Board desires to bring to the attention of citizens everywhere the commitment and joy with which Lloyd Lee Boxley, Sr. served the youth and citizens throughout the region during a life dedicated to teaching and volunteering; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this 2nd day of August, 2005, that Lloyd Lee Boxley, Sr. be and he hereby is commemorated posthumously. Proclamation P05-26 reads as follows:
A PROCLAMATION TO COMMEMORATE POSTHUMOUSLY ARMY SGT. WHEREAS, Army Sgt. 1st Class Michael Russell was a 31-year-old Stafford native who graduated from North Stafford High School in 1991; and WHEREAS, Army Sgt. 1st Class Michael Russell served as a Chinook helicopter maintenance specialist and flight engineer with the elite 3rd Battalion, 160th Special Operations Aviation Regiment stationed at Hunter Army Airfield in Georgia; and WHEREAS, Army Sgt. 1st Class Michael Russell flew hundreds of rescue missions during his military career, and was honored with awards including the Army Superior Unit Award, Iraq Campaign Medal, Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal and Overseas Service Ribbon; and WHEREAS, on June 28, 2005, Army Sgt. 1st Class Michael Russell and 16 other Americans serving in Operation Red Wing in Afghanistan perished when their helicopter was downed by a rocket-propelled grenade during a mission to rescue four Navy SEALs trapped in a firefight in Kunar Province; and WHEREAS, Army Sgt. 1st Class Michael Russell is remembered by his family, friends, and fellow soldiers as an honorable man who exemplified the American way of life, growing up as a Scout, a baseball player, and an avid NASCAR and Washington Redskins fan, a loving husband to his wife, Annette, and proud father of their two children, Magan and Lauren; and WHEREAS, Army Sgt. 1st Class Michael Russell, who served six deployments to Afghanistan and one to Iraq, was posthumously awarded the Bronze Star Medal, the Purple Heart, the Meritorious Service Medal, the Master Army Aviator Badge, the Air Medal with Valor Device, and the Combat Action Badge; and WHEREAS, the Board desires to bring to the attention of citizens everywhere the exceptional bravery with which Army Sgt. 1st Class Michael Russell made the ultimate sacrifice in defense of his Country; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this 2nd day of August, 2005, that Army Sgt. 1st Class Michael Russell be and he hereby is commemorated posthumously. Report of the County Attorney. The County Attorney had no report.
Report of the County Administrator. Mr. Anthony Romanello, Deputy County Administrator, commented on the following: Human Resources; Authorize a Full Time Construction Manager Position. Mr. Snellings commented. The Deputy County Administrator commented further. Ms. Hilliard motioned, seconded by Mr. Cavalier, to adopt proposed Resolution R05-277. Discussion ensued.
The Voting Board tally was: Resolution R05-277 reads as follows: A RESOLUTION TO AUTHORIZE A FULL-TIME PROJECT/CONSTRUCTION MANAGER POSITION FOR THE PUBLIC SERVICES TEAM WHEREAS, the County has a variety of major and minor construction projects underway or planned; and WHEREAS, the Public Services Team desires an employee to monitor these projects; and WHEREAS, funding for the position will be allocated from the specific construction project budgets; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 2nd day of August, that a full-time Project/Construction Manager position be and it hereby is authorized for the Public Services Team. Planning; Consider a Conditional Use Permit to Allow Drive Through Facilities and a Motor Vehicle Fuel Sales Facility within the Highway Corridor Overlay District Located at 1005 Warrenton Road. Mr. Snellings motioned, seconded by Mr. Osborn, to adopt proposed Resolution R05-245. Discussion ensued.
The Voting Board tally was: Resolution R05-245 reads as follows:
A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT PURSUANT WHEREAS, H. Clark Leming, Attorney for Greenbank, LLC, Applicant, has submitted application CUP2500649 requesting a Conditional Use Permit to allow vehicle fuel sales and drive-through facilities in an HC, Highway Corridor Overlay, Zoning District on the above-described property; and WHEREAS, the application has been submitted pursuant to Section 28-59 (e) of the Zoning Ordinance which permits fuel sales and drive-through facilities in an HC, Highway Corridor Overlay, Zoning District after a Conditional Use Permit has been issued by the Board; and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission, staff and testimony at the public hearing; and WHEREAS, the Board finds that the request meets the standards of the Zoning Ordinance for issuance of a Conditional Use Permit; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 2nd day of August, 2005 that a Conditional Use Permit pursuant to application CUP2500649 be and it hereby is approved with the following conditions: This Conditional Use Permit is to allow drive-through facilities and vehicle fuel sales in an HC, Highway Corridor Overlay, Zoning District, on Assessor’s Parcels 44-76 (portion), 102, 102A, 103, 103A, 103B, 103F, and 44Y-4, 5 (portion) and 7. This Conditional Use Permit shall be limited to one (1) vehicle fuel sales facility and up to six (6) drive-through facilities for all of the affected parcels, as shown in the general locations depicted on the Generalized Development Plan (GDP) prepared by Prime Design Engineering, P. C., dated June 9, 2005. The drive-through facilities shall be limited to pharmacies, banks and restaurants. The use of Site 19 shall be limited to a bank with a drive-through. The use of Site 28 shall be limited to a pharmacy with a drive-through. Access points to Sites 11, 13, 16, 19, 20, 27 and 28 shall be in general conformance with the GDP. No pad site shall have more than one direct entrance on Warrenton Road. The applicant shall widen northbound Warrenton Road across the frontage of the property to include an additional through-lane and a continuous right-turn lane. The applicant shall widen International Parkway to four (4) lanes from Warrenton Road to proposed Ramp A. Fuel sales shall be limited to vehicles less than five (5) tons gross volume weight (GVW). Light fixtures shall be designed to direct light away from Warrenton Road, Celebrate Virginia Parkway, International Parkway, and “Ramp A”. Any canopy lighting shall be recessed within the canopy. Loading spaces and truck delivery spaces, except for fuel delivery, shall be located outside of any required travel lane. Such spaces shall be designed to allow for adequate turning radius to accommodate free-flowing turning movements to prevent temporary obstruction of travel lanes. Loading areas, dumpster pads and trash compactors shall be located in a manner to be screened from view from Warrenton Road and Celebrate Virginia Parkway. Drive-through lanes shall be oriented in a manner to minimize headlight glare onto state maintained roadways. Where orienting the drive-through away from the corridor highway is not feasible, applicant shall screen the drive-through utilizing berms and evergreen plantings to eliminate headlight glare on the corridor highway. Entrances for drive-through lanes shall not have direct access from any primary travel lane that serves more than one building pad. Customer parking shall not have direct access to any primary travel lane that serves as access to more than one building pad. Stacking lanes for drive-through facilities shall be designed as to not impede traffic circulation. All drive-through facilities shall include a by-pass lane for vehicles not utilizing the drive-through area. All drive-through and fuel canopies shall be of coordinated color and materials as the primary structure on-site. The building on site 13 shall be limited to no more that eighty thousand (80,000) square feet of gross floor area. The architectural design of the buildings to be constructed on the property shall be compatible in terms of style, color and materials. The principle exterior building materials utilized in the buildings constructed on the property shall be glass, brick, stone, architectural masonry, precast concrete, job cast concrete, or other comparable materials. The existing northbound left turn lane on Warrenton Road shall have a minimum storage capacity of two hundred seventy (270) feet and a taper of one hundred thirty (130) feet. Upon meeting Virginia Department of Transportation warrants, the property owner’s association of the Shopping Center shall lengthen the turn lane as required. This Conditional Use Permit may be revoked or conditions amended by the Board for violation of these conditions or any applicable county, federal or state code. Finance; Authorize Submission of an Application to the Virginia Public School Authority for $10,095,000 and to Schedule a Public Hearing. Mr. Gibbons motioned, seconded by Mr. Cavalier, to adopt proposed Resolution R05-281.
The Voting Board tally was: Resolution R05-281 reads as follows:
A RESOLUTION AUTHORIZING STAFFORD COUNTY TO SUBMIT AN APPLICATION TO VPSA FOR $10,095,000 AND TO ADVERTISE A WHEREAS, the Board of Supervisors has received a request from the Stafford County School Board (the "School Board") to contract a debt and issue general obligation bonds of the County in the maximum amount of $10,095,000 in one or more series to finance certain capital improvements for public school purposes (the "Bonds") and to sell such bonds to the Virginia Public School Authority ("VPSA"); and WHEREAS, the Board of Supervisors has determined that it may be necessary or desirable to advance money to pay the costs for such capital projects for public school purposes (the "Projects") and to reimburse such advances with proceeds of one or more financings; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 2nd day of August, 2005, that: 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150.2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the School Board to pay the costs of acquiring, constructing and equipping the Projects from the proceeds of the Bonds to be issued in the maximum amount of $10,095,000. 2. The County Administrator is authorized and directed to submit an application or applications to the VPSA in order to sell the Bonds in one or more series, to the VPSA at the Fall 2005 VPSA bond sale or such subsequent VPSA bond sale or sales as the County Administrator may determine. 3. The County Administrator is authorized to advertise a public hearing to be held on September 6, 2005 on the issuance of the Bonds. 4. This resolution shall take effect immediately upon its adoption. Adopted this 2nd day of August, 2005. Administration; Authorize the Rappahannock Regional Jail Authority to Proceed with the Expansion of the Regional Jail and Issue New Revenue Bonds for Such Purpose. Mr. William H. Hefty, Hefty and Wiley, PC, Attorney for the Rappahannock Regional Jail Authority, gave a presentation. Sheriff Jett commented further.
Ms. Hilliard motioned, seconded by Mr. Fields, to adopt proposed Resolution R05-292.
The Voting Board tally on the substitute motion was: Recess. At 2:40 P.M., the Chairman declared a recess. Call to Order. At 2:50 P.M., the Chairman called the meeting back to order. Legislative; Discuss Slip Lane at Staffordboro Boulevard. Ms. Hilliard commented. Mr. Fulton deLamorton, Senior Engineer, Department of Public Services, commented further. Hearing no objections from the Board, Clark Leming, on behalf of the concerned parties, commented. Ms. Hilliard motioned, seconded by Mr. Osborn, to adopt proposed Resolution R05-306. Discussion ensued.
The Voting Board tally was: Resolution R05-306 reads as follows:
WHEREAS, prior to construction of the Stafford Marketplace Shopping Center, Staffordboro Boulevard (SR-684) was a two-lane road and Clement Drive (not in the Virginia Department of Transportation (VDOT) system) was fully accessible from Staffordboro Boulevard; and WHEREAS, the developer of the shopping center constructed a concrete median from the realigned commuter lot entrance to Garrisonville Road (SR-610), causing Clement Drive to become restricted to right-in and right-out for southbound Staffordboro Boulevard; and WHEREAS, a consortium of Clement Drive business owners contending that the concrete median adversely impacts public access to their properties and to mitigate these effects submitted a proposal to VDOT for the construction of a slip turn lane from northbound Staffordboro Boulevard to Clement Drive, of which VDOT denied; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 2nd day of August, 2005 that the County Administrator be and is hereby requested to convey to the Virginia Department of Transportation the Board’s desire to reconsider the slip lane proposal submitted by the consortium of business owners on Clement Drive.
Ms. Hilliard motioned, seconded by Mr. Fields, to request that the Fire and Rescue Chiefs Advisory Group prepare a recommendation for a standardized policy on the official use of fire and rescue vehicles; and directed that any fire and rescue vehicle titled to the County or receiving County-paid fuel or maintenance be used solely for official fire and rescue business only.
The Voting Board tally was: Legislative; Discuss Visitor’s Center. Mr. Fields commented. Mr. Tim Baroody, Director of Economic Development and Legislative Affairs, commented further. Mr. Russ Moulton, Sr., Wingate Inn, commented. Hearing no objections from the Board, it was determined that the Wingate Inn, South Stafford will furnish and manage an interim Stafford County Visitor Center. Legislative; Discuss the American Legion Stafford Post No. 290 Facility. Mr. Snellings commented. Discussion ensued. Hearing no objections from the Board, Mr. Snellings requested that a meeting be scheduled with the Staff and representatives from the American Legion Stafford Post 290 for further review. Legislative; Discuss Schools in A-1, Agricultural, Zoning Districts. Mr. Snellings motioned, seconded by Mr. Osborn, to hold a joint public hearing with the Planning Commission on August 24, 2005, at 7:30 P.M. to consider requiring a Conditional Use Permit for Schools in an A-1, Agricultural Zoning District.
The Voting Board tally was: Legislative; Discuss Big Box Ordinance. Mr. Snellings motioned, seconded by Ms. Hilliard, to adopt proposed Resolution R05-301. Discussion ensued.
The Voting Board tally was: Resolution R05-301 reads as follows:
A RESOLUTION TO REFER AN AMENDMENT TO THE ZONING WHEREAS, at a meeting on July 5th, 2005 the Board referred to the Planning Commission for recommendation an amendment to the Zoning Ordinance regarding Approval of a Conditional Use Permit for a Commercial Retail Use that is equal to or greater than eighty thousand (80,000) square feet; and WHEREAS, it is desire of the Board to bring the proposed amendment back to the Community and Economic Development Standing Committee for further review prior to an evaluation and public hearing by the Planning Commission; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 2nd day of August, 2005 that the Board be and it hereby does request that the Planning Commission suspend all activity on the amendment to the Zoning Ordinance regarding Approval of a Conditional Use Permit for a Commercial Retail Use that is equal to or greater than eighty thousand (80,000) square feet; and BE IT FURTHER RESOLVED that the Community and Economic Development Standing Committee be and it hereby is requested to further review the issue and report its findings to the Board. Legislative; Discuss HOT Lane Proposals. Mr. Gibbons commented. Discussion ensued. Mr. Gibbons motioned, seconded by Mr. Fields, to forward the remarks, “Stafford County Board of Supervisors Comments and Concerns on HOT Lane Proposals August 2, 2005” to the Commonwealth Transportation Board and the Virginia Department of Transportation. Ms. Hilliard made a substitute motion, seconded by Mr. Osborn, to defer this item until September 6, 2005. Discussion further ensued.
The Voting Board tally on the substitute motion was:
The Voting Board tally on the original motion was: Legislative; Appoint a Member to the Utilities Commission. Ms. Hilliard motioned, seconded by Mr. Fields, to adopt proposed Resolution R05-294.
The Voting Board tally was: Resolution R05-294 reads as follows: A RESOLUTION TO APPOINT A MEMBER TO THE UTILITIES COMMISSION WHEREAS, Resolution R82-208, "A Resolution to Establish the Utilities Commission to Advise the Board of Supervisors", authorizes the appointment of members; and WHEREAS, the Board has appointed the following: NAME EXPIRATION
Carol Pacello December 31, 2005
James E. Duke December 31, 2005
Juan Chaves December 31, 2007
Vernon Blaisdell December 31, 2005
Joyce Arndt December 31, 2007
Terry Payne December 31, 2005
Eugene Mayausky December 31, 2007 WHEREAS, James E. Duke has tendered his resignation; and WHEREAS, the Board desires to fill the unexpired term; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors, on this the 2nd day of August, 2005, that NAME EXPIRATION
Patricia Kurpiel December 31, 2005 be and she hereby is appointed to the Utilities Commission. Recess. At 4:05 P. M., the Chairman declared a recess. Call to Order. At 4:15 P.M., the Chairman called the meeting back to order. Legislative; Closed Meeting. At 4:16 P.M., Mr. Snellings motioned, seconded by Mr. Fields, to adopt proposed Resolution CMR05-17a.
\The Voting Board tally was: Resolution CMR05-17a 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, a personnel matter; the acquisition of real property for public purpose and the disposition of County-owned property; legal advice regarding Widewater litigation and the status of the Widewater Comprehensive Plan; the collection of motor fuel tax revenues by the Potomac and Rappahannock Transportation Commission; the pending litigation in the matter of Metheny et al. v. Stafford County and Wal-Mart, Board of Supervisors v. Pruitt Family Limited Company and in the Crucible appeal; 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 5:20 P.M., the Chairman called the meeting back to order. Legislative; Closed Meeting Certification. Mr. Osborn motioned, seconded by Mr. Fields, to adopt Resolution CM05-17.
The Voting Board tally was: A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD COUNTY BOARD OF SUPERVISORS IN A CLOSED MEETING ON AUGUST 2, 2005 WHEREAS, the Board has, on this the 2nd day of August 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; NOW, THEREFORE, BE IT RESOLVED that the Stafford County Board of Supervisors does hereby certify, on this the 2nd day of August 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 5:21 P.M., the Chairman declared a recess. Call to Order. At 7:05 P.M., the Chairman called the meeting back to order. Invocation. The Chairman requested a moment of silence for the Boy Scout Leaders who lost their lives at Fort A. P. Hill. Pledge of Allegiance. Ms. Hilliard lead in the Pledge of Allegiance to the Flag of the United States of America. Legislative; Presentation of a Proclamation to Commemorate Posthumously Nicole D. Kielar. The Chairman presented a Proclamation to the family of Nicole D. Kielar. Presentations by the Public-II. The following persons spoke on the topics as identified:
George Schwartz - Big Box Ordinance. Presentation to Deputy Sheriff of the Quarter. Mr. Robert Knight, a member of the Travelers Protective Association, Post F, presented a proclamation to the Deputy Sheriff of the Quarter, David White.
Presentation by D. P. Newton and Glenn Trimmer on Friends of the Stafford Civil War Sites. Mr. Glenn Trimmer, Friends of the Civil War Sites, gave a presentation on Civil War sites within the County and preservation efforts. Ms. Hilliard motioned, seconded by Mr. Snellings, to adopt proposed Resolution R05-300.
The Voting Board tally was: Resolution R05-300 reads as follows:
A RESOLUTION TO AUTHORIZE USE OF THE COUNTY SEAL WHEREAS, the Friends of the Stafford Civil War Sites has requested use of the County Seal for Historical Markers to identify property of Civil War encampments and battlefields, which is significant to the County’s cultural resources; and WHEREAS, the use of the County Seal is prohibited without approval by the Board; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 2nd day of August 2005, that use of the County Seal on Historical Markers by the Friends of the Stafford Civil War Sites be and it hereby is approved. Planning; Rezone 5.63 Acres from R-1 to B-2 at 656 Warrenton Road and Consider a Conditional Use Permit at 656 Warrenton Road. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation on both issues.
The Chairman opened a public hearing on both issues. Mr. Osborn motioned, seconded by Mr. Snellings, to adopt proposed Ordinance O05-41.
The Voting Board tally was: Ordinance O05-41 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN THE ZONING WHEREAS, H. Clark Leming, Applicant, has submitted application RC241710 requesting reclassification, with proffers, of Assessor’s Parcel 44-128, 133, and 133A from R-1, Suburban Residential, to B-2, Urban Commercial, consisting of 5.63 acres, located on the north side of Warrenton Road, 150 feet west of Falls Run Drive, within the Falmouth Election District; and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission, staff and testimony at the public hearing; and WHEREAS, the Board has determined that the requested zoning is compatible with the surrounding land uses and zoning; and WHEREAS, the Board finds that public necessity, convenience, general welfare, or good zoning practice requires adoption of an ordinance to reclassify the subject property; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 2nd day of August, 2005, that the Zoning Ordinance for Stafford County be and it hereby is amended and reordained by amending the zoning district map to reclassify from R-1 Suburban Residential, to B-2, Urban Commercial, Assessor’s Parcel 44-128, 133, and 133A with the following proffers: 1. Consolidation of Parcels - The Applicant agrees to consolidate the Property into a single parcel prior to site plan approval for any portion of the site and further agrees that the development of the site shall be in general conformance with the General Development Plan (“GDP”), dated September 14, 2004, rev. July 14, 2005, by Bagby, Caldwell and Associates, P.C., entitled “Tax Map 44 Parcels 128, 133, and 133A Rezoning and Conditional Use Permit Plan,” as revised July 14, 2005. 2. Right of Way Dedication - The Applicant shall dedicate right of way along Warrenton Road (US-17) as indicated on the GDP, which shall be sufficient for four (4) through lanes as measured from the existing center line of Warrenton Road. The Applicant shall construct a third through lane across the frontage of the Property, as indicated on the GDP. In addition, the Applicant shall construct a fourth through lane, which may be utilized as a continuous right turn lane to the entrance on the Property on an interim basis and acceleration lane, as noted on the GDP. 3. Interparcel Access - The Applicant shall provide interparcel access easement to Assessor’s parcels 44-127 and 44-134 as indicated on the GDP. 4. Site Access - Access to the Property from Warrenton Road (US-17) shall be limited to single right in right out access point in the approximate location shown on the GDP. 5. Street Buffer - Applicant shall install a 15-foot wide Class C buffer on the Property along Warrenton Road, which shall include a continuous rolling berm three to five feet in height. 6. Signage - The Applicant shall not install any general advertising signs on the Property, nor shall any carnival style flags, banners, light, balloons or windsocks be employed on the Property. Signs shall be of a coordinated color and design. The applicant shall install a single freestanding business sign for all businesses on the Property. 7. Fire Protection - The Applicant agrees to install automatic sprinkler systems in all buildings constructed on the Property. 8. Architecture Treatment - The Applicant shall employ brick, glass, or stucco type material (e.g., EIFS) on all facades of all buildings. In addition, the Applicant agrees that the hotel constructed on the Property shall be designed and built in a manner consistent with the style and general quality reflected in the elevations and the photograph of the Williamsburg Country Inn, depicted as Exhibits A and B to these proffers. In addition, the Applicant agrees to incorporate design features to include coined corners and a skylight fixture for the pool area. The restaurant shall utilize the same building materials and be of compatible design with the hotel. 9. Lighting - The Applicant shall install lighting within the parking area that is directed away from residential properties and Warrenton Road (US-17). 10. Existing Structure - The Applicant shall remove the existing structures on the Property within one year from the approval of the rezoning request. 11. Pedestrian Access - The Applicant shall provide pedestrian access to the parking lot located on parcel 44-134, subject to the approval of the owner of such parcel. This access may be provided through the continuance of the sidewalk along Warrenton Road. Applicant shall provide pedestrian walkways between the uses on the site. 12. Open Space Courtyard - The Applicant shall provide an open space courtyard, which shall be equipped with park benches and trash receptacles. Mr. Osborn motioned, seconded by Mr. Snellings, to adopt proposed Resolution R05-252.
The Voting Board tally was: Resolution R05-252 reads as follows:
A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT PURSUANT WHEREAS, David and Kathy Sun, Applicants, have submitted application RC241711 requesting a Conditional Use Permit to allow a hotel in an HC, Highway Corridor, Overlay Zoning District, on the above-described property; and WHEREAS, the application has been submitted pursuant to Table 3.1 of the Zoning Ordinance which permits this use in an HC, Highway Corridor, Overlay Zoning District after a Conditional Use Permit has been issued by the Board; and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission, staff and testimony at the public hearing; and WHEREAS, the Board finds that the request meets the standards of the Zoning Ordinance for issuance of a Conditional Use Permit; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 2nd day of August, 2005, that a Conditional Use Permit pursuant to application RC241711 be and it hereby is approved with the following conditions: This Conditional Use Permit is to allow a hotel in an HC, Highway Corridor, Overlay Zoning District on Assessor’s Parcels 44-128, 133, and 133A. 2. Development of the site shall be in general conformance with the General Development Plan entitled “Tax Map 44 Parcels 128, 133, and 133A Rezoning and Conditional Use Permit Plan”, as revised on July 14, 2005. 3. Lighting for the parking areas and facilities shall be directed downward and away from residential properties and Warrenton Road. 4. No commercial apartments shall be permitted on the site. 5. This Conditional Use Permit may be revoked or conditions amended by the Board for violation of these conditions or any applicable county, federal, or state codes. 6. The applicant agrees to install a defibrillator in the building. Planning; Rezone 86.48 Acres from M-1 to A-1 at 195 Enon Road. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.
The Chairman opened a public hearing. Mr. Snellings motioned, seconded by Mr. Osborn, to adopt proposed Ordinance O05-38 with changes.
The Voting Board tally was: Ordinance O05-38 reads as follows: AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE FOR STAFFORD COUNTY BY AMENDING THE ZONING DISTRICT MAP TO RECLASSIFY, WITH PROFFERS, FROM M-1, LIGHT INDUSTRIAL, TO A-1, AGRICULTURAL, ASSESSOR’S PARCELS 45-127A, 133A AND 227 (PORTION), HARTWOOD ELECTION DISTRICT WHEREAS, Sunrise Lake Memorial Garden, LLC, Applicant, has submitted application RC241709 requesting reclassification from M-1, Light Industrial, to A-1, Agricultural, of the above-described property, consisting of 86.48 acres, located on the southwest corner of Enon Road at Wyatt Lane, within the Hartwood Election District; and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission and staff and testimony at the public hearing; and WHEREAS, the Board has determined that the requested zoning is compatible with the surrounding land uses and zoning; and WHEREAS, the Board finds that public necessity, convenience, general welfare or good zoning practice requires adoption of an ordinance to reclassify the subject property; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 2nd day of August, 2005, that the Zoning Ordinance for Stafford County be and it hereby is amended and reordained by amending the zoning district map to reclassify with proffered conditions from M-1, Light Industrial, to A-1, Agricultural, the parcels of land as shown on the plat entitled Sunrise Lake Memorial Garden, LLC, prepared by Greenhorne & O’Mara, Inc., dated November 22, 2004, revised January 7, 2005, with the following proffers: 1. Consolidation of Parcels – The Applicant agrees to consolidate the Property with Assessor’s Parcel 45-127F and that these proffers shall be applicable to the consolidated property. No single family residential units shall be constructed on the Property. No embalming shall be permitted on the property. 2. Transportation Improvements –
a. The Applicant shall make improvements to the intersection of Enon Road b. The Applicant further agrees that within five (5) years of the date of the opening of its permanent facility on Parcel 45-227, or at such time that at least ten (10) funerals per day are occurring on the Property, whichever occurs first, the Applicant shall widen Enon Road to then current VDOT standards, or consistent with any VDOT approved plan for the improvements of Enon Road, from the intersection of Wyatt Lane and Enon Road for the length of the Property, provided that right of way is available to do so. In the event right of way is not available, or the improvement has already been made, the Applicant shall pay to the County a sum equivalent to a County approved estimate of the cost of the referenced improvements to Enon Road to be utilized for other road improvements in the vicinity, payment to be made by the time the improvements are required under this proffer. The estimate shall be subject to a reasonable inflation factor. Site Access – The primary access points to the Property shall be from Wyatt Lane. The current entrance on Enon Road shall be limited to emergency and overflow uses no later than two (2) years after the issuance of construction permits for the internal road system connecting to Wyatt Lane, unless the entrance on Enon Road has been upgraded in accordance with VDOT standards.
At the time the permanent facility is open on Parcel 45-227, the temporary administrative Signage – The Applicant shall not install any general advertising signs on the Property, nor shall any carnival style flags, banners, light, balloons or windsocks be employed on the Property. Signs shall be of a coordinated color and design. The current sign on Enon Road may be retained until the primary structure shown on the GDP on Parcel 45-227 is occupied. Lighting - Any lighting installed by the Applicant shall be directed away from residential properties and Enon Road and Wyatt Lane. Additional Landscaping – The Applicant agrees to install additional landscaping along the wall parallel to Enon Road, as shown on the GDP. Traffic Control Assistance – In the event the Stafford County Sheriff’s Department determines that it requires additional traffic control assistance for funeral processions emanating from the Property, the Applicant agrees to provide such staff and make them available for training by the Sheriff’s Department. The Applicant further agrees that it will not schedule funeral processions along Enon Road between 2:00 P.M. and 2:45 P.M., weekdays while regular school is in session. 8. Perimeter Wall – The Applicant agrees that it shall construct the perimeter wall, shown on the GDP, extending 500 feet in each direction from the entrance on Enon Road within 24 months of the date of rezoning. The section of wall extending from the main entrance on Wyatt Lane to the intersection of Wyatt Lane and Enon Road shall be constructed within 5 years of the date of rezoning. 9. Maintenance – The Applicant agrees to maintain the cemetery grounds in a manner consistent with the standard for the industry to include, at a minimum, regular lawn maintenance and upkeep of shrubbery, travel ways, and all structures on the Property. 10. Architecture – The Applicant agrees that the permanent facility on Parcel 45-227 shall be constructed in substantial conformance with the elevation entitled Sunrise Lake Memorial Garden Administration Building, dated June 1, 2005. The temporary administrative buildings referenced above shall be constructed in substantial conformance with the elevation entitled Initial Sales and Administrative Building, dated June 1, 2005. In addition, the Applicant agrees to install skirting around the base of the temporary buildings, shutters on all windows and foundation plantings on the front side of the buildings facing Enon Road, improvements to be made within sixty (60) days of the date of rezoning. 11. Promotional Materials – The Applicant agrees that its promotional and sales materials shall accurately reflect the status of the development and buildout of the Property in Stafford County, Virginia. Administration; Consider an Ordinance to Amend and Reordain Chapter 23 of the Stafford County Code Entitled “Taxation”, Section 23-96, Definitions. Mr. Scott Mayausky, Commissioner of the Revenue, gave a presentation.
The Chairman opened a public hearing. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Ordinance O05-46. The Voting Board tally was:
Yea: (7) Osborn, Pash, Snellings, Cavalier, Fields, Gibbons, Hilliard Ordinance O05-46 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 23 WHEREAS, the Board believes that it is in the public’s best interest to clarify its policy whenever it has been deemed necessary; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 2nd day of August 2005 that Chapter 23 of the Stafford County Code entitled “Taxation” be amended and reordained as follows, all other portions remaining the same: Sec. 23-96. Definitions. For the purpose of this article, except where the context clearly indicates a different meaning, the following words and phrases shall have the meanings respectively described to them by this section: Company. Any corporation Any individual, sole proprietorship, partnership, corporation or any other legal entity. Such term shall also include any trustee, receiver, assignee or personal representative thereof carrying on or continuing a business.
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