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April 19, 2005 - Minutes
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 1:00 P. M., Tuesday, April 19, 2005, in the Board Chambers, Stafford County Administration Center. Roll Call. The following members were present; Gary D. Pash, Chairman; Gary F. Snellings, Vice Chairman; Jack R. Cavalier; Peter J. Fields; Robert C. Gibbons; Kandy A. Hilliard; and Mark W. Osborn. Also in attendance were: Steve Crosby, County Administrator; Hugh P. “Chip” Fisher, III, Acting County Attorney; and Eleanor E. Hinzman, Deputy Clerk. Student Government Day. The Board welcomed students from Brooke Point, Colonial Forge, North Stafford, and Stafford Senior High Schools. The Board and staff were “shadowed” by students. Legislative; Work Session to Discuss Emergency Radio Systems Upgrade. Mr. Snellings motioned, seconded by Mr. Gibbons, to adopt proposed Resolution R05-176. Discussion ensued.
The Voting Board tally was: Resolution R05-176 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the County’s radio communication system is in need of immediate upgrades; and WHEREAS, Motorola has submitted a proposal to the County that details the needed upgrades of the communication system; and WHEREAS, the County’s radio communication system consultant, RCC Consultants Inc, recommends that the upgrades noted in the Motorola proposal be implemented as soon as possible; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 19th day of April, 2005, that a public hearing be and it hereby is scheduled for May 3, 2005, to consider appropriating from the general fund balance an amount not to exceed $2,997,278 for radio system upgrades. Legislative; Declare the Intention of the Board of Supervisors of Stafford County, Virginia to Reimburse Itself from the Proceeds of One or More Financings. Mr. Gibbons motioned, seconded by Ms. Hilliard, to adopt proposed Resolution R05-177. Discussion ensued.
The Voting Board tally was: Resolution R05-177 reads as follows:
A RESOLUTION OF THE BOARD OF SUPERVISORS OF Discussion ensued. Hearing no objections from the Board, this item will be placed on a future agenda to authorize a public hearing. Legislative; Work Session to Discuss Capital Improvement Program, (CIP). Mr. Osborn commented. Discussion ensued. Legislative; Work Session to Discuss Transportation Issues. The Chairman extended an invitation for students to speak on transportation concerns. Discussion ensued. Legislative; Key Issues and Work Plan. The County Administrator commented. Discussion ensued. Recess. At 2:12 P.M., the Chairman declared a recess. Call to Order. At 2:19 P. M., the Chairman called the meeting back to order. Legislative; Closed Meeting. At 2:20 P.M., Mr. Snellings motioned, seconded by Mr. Gibbons, to go into Closed Meeting on the following item:
Legal: Discussion Regarding the
2.2-3711 A7
The Voting Board tally was: Call to Order. At 2:40 P.M., the Chairman called the meeting back to order. Legislative; Closed Meeting Certification. Mr. Gibbons motioned, seconded by Mr. Osborn, to adopt proposed Resolution CM05-10.
The Voting Board tally was: Resolution CM05-10 reads as follows:
A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD WHEREAS, the Board has, on this the 19th day of April 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 19th day of April 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.
Legislative; Deny the Claim of George Snead, on Behalf of James A.Lewis, in the Amount of $31, 472.76. Ms. Hilliard motioned, seconded by Mr. Fields, to adopt proposed Resolution
The Voting Board tally was: Resoluti0n R05-184 reads as follows:
A RESOLUTION DENYING THE CLAIM OF GEORGE SNEAD, ON WHEREAS, by letter dated March 29, 2005, George Snead, attorney for James A. Lewis, submitted a claim on behalf of Mr. Lewis seeking reimbursement for the expenses Mr. Lewis allegedly incurred relating to the proposed Stafford Office Park; and WHEREAS, the Board has carefully considered the claim; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors, on this the 19th day of April 2005, that the claim of George Snead, on behalf of James A. Lewis, in the amount of $31,472.76 be and it hereby is denied. Legislative; Approve a Proclamation to Recognize and Commend the Colonial Forge High School Wrestling Team. Mr. Snellings motioned, seconded by Mr. Gibbons, to adopt proposed Proclamation P05- 17.
The Voting Board tally was: Proclamation P05-17 reads as follows:
RECOGNIZE AND COMMEND THE COLONIAL FORGE WHEREAS, the Colonial Forge High School Eagles Varsity Wrestling Team, with the support and encouragement of their coaches and parents, competed in hard-fought wrestling tournaments throughout the Commonwealth at night and on the weekends during the 2004-2005 season; and WHEREAS, the dedicated young men on the Eagles Varsity Wrestling Team spent countless hours in the weight room and on the mats, building strength and honing their skills in preparation for these competitions; and WHEREAS, the Colonial Forge Eagles Varsity Wrestling Team placed first in the 2004-2005 Commonwealth District Championships for the fifth year in a row; and WHEREAS, the Eagles Varsity Wrestling Team also took first place this season in the Northwest Region Championships, for the fourth year in a row; and WHEREAS, the Colonial Forge Eagles Varsity Wrestling Team culminated a victorious season by garnering second place at the State Finals in February 2005; and WHEREAS, the Board desires to bring to the attention of citizens everywhere the athletic accomplishments of this outstanding group of young men; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 19th day of April, 2005, that the Colonial Forge High School Eagles Varsity Wrestling Team be and it hereby is recognized and commended for its numerous triumphs during the 2004-2005 wrestling season. Legislative; Petition the Department of Game and Inland Fisheries to Reopen a Portion of the Rappahannock River. The County Administrator commented. Ms. Hilliard motioned, seconded by Mr. Snellings, to adopt proposed Resolution R05-169. Discussion ensued.
The Voting Board tally was: Resolution R05-169 reads as follows:
A RESOLUTION TO PETITION THE DEPARTMENT OF WHEREAS, the Board previously requested the Department of Game and Inland Fisheries to close the Rappahannock River from the I-95 Bridge to the Embrey Dam for public safety purposes related to the removal of Embrey Dam; and WHEREAS, the Embrey Dam has been successfully removed; and WHEREAS, the Department of Game and Inland Fisheries recommends reopening the Rappahannock River; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 19th day of April, 2005, that the Department of Game and Inland Fisheries be and it hereby is requested to reopen the Rappahannock River from the I-95 Bridge to the previous location of the Embrey Dam. Recess. At 2:50 P.M., the Chairman declared a recess until 7:00 P.M. Call to Order. At 7:00 P.M., the Chairman called the meeting back to order. Invocation. Mr. Snellings gave the Invocation. Pledge of Allegiance. Boy Scout Troop 142 lead in the Pledge of Allegiance to the Flag of the United States of America. Legislative; Presentation on Youth Driver Task Force by David Gayle. Mr. David Gayle, Assistant Director of Economic Development and Legislative Affairs, gave a presentation on the Youth Drive Task Force latest efforts.
Legislative; Presentations by the Public: The following persons spoke on the topics as indicated: Budget; Consider Adoption of the Proposed FY2006 County Budgets, 2005 Property Tax Rates and the General Government and School Construction FY2005-FY2009 Capital Improvements Program. Ms. Cheryl Beagle, Director of Budget, commented.
The Chairman opened a public hearing. Legislative; Consider Adoption of the General Government and School Construction FY2005-FY2009 Capital Improvements Program. Ms. Hilliard motioned, seconded by Mr. Snellings, to adopt proposed Resolution R05-136.
The Voting Board tally was: Resolution R05-136 reads as follows:
A RESOLUTION TO ADOPT THE FISCAL YEAR 2005-2009 CAPITAL IMPROVEMENTS PROGRAM, AND INDICATE INTENT TO WHEREAS, the five-year Capital Improvements Program (CIP) is a significant part of the Comprehensive Plan; and WHEREAS, it is necessary to identify needed capital improvements; and WHEREAS, financial constraints restrict the ability of the County to fully fund the CIP; and WHEREAS, the Board has considered the recommendation of the County Administrator on the FY2005-2009 Capital Improvements Program; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 19th day of April, 2005, that the FY2005-2009 CIP herewith attached be and it hereby is adopted as part of the Comprehensive Plan; and BE IT FURTHER RESOLVED that Intent to Reimburse Certain Capital Improvement Expenditures for projects indicated in the FY2005-2009 CIP be and it hereby is adopted as follows:
NOTICE OF INTENT TO REIMBURSE Section 1: Statement of Intent. The County presently intends, at one time or from time to time, to finance projects in the FY2005-2009 Capital Improvements Program with tax-exempt or taxable bonds or other obligations (the "Bonds") and to reimburse capital expenditures paid by Stafford County (including expenditures previously paid by the County to the extent permitted by law) in connection with the Projects before the issuance of the Bonds. Section 2: Source of Interim Financing and Payment of Bonds. Stafford County expects to pay the capital expenditures related to the Projects and incurred before the issuance of the Bonds with an interfund loan or loans from the General Fund or from temporary appropriations or loans from the capital projects fund. Stafford County expects to pay debt service on the Bonds from the General Fund consisting of general tax revenues, or in some cases, from revenues of the projects to be financed as shown in the FY2005-2009 Capital Improvements Program. Section 3: Effective Date; Public Inspection. This Resolution is adopted for the purposes of complying with proposed Treasury Regulation #1.103.17 or any successor regulation and shall be in full force and effect upon its adoption. The Clerk of the Board shall file a copy of this Resolution in the records of Stafford County available for inspection by the general public during Stafford County's normal business hours.
STAFFORD COUNTY GENERAL GOVERNMENT & SCHOOL
% Total FY2005 FY2006 FY2007 FY2008 FY2009 SCHOOLS 62% 159,151,000 28,667,000 30,385,000 16,400,000 42,100,000 41,599,000 100% 254,830,000 31,817,000 51,785,000 53,279,000 54,400,000 63,549,000
The Voting Board tally was: Resolution R04-134 reads as follows:
A RESOLUTION TO ESTABLISH THE TAX YEAR 2005 WHEREAS, the Code of Virginia requires that the governing body establish an annual levy of certain taxes for the calendar year; and WHEREAS, the Commissioner of the Revenue requires the timely establishment of tax levies to allow time for tax bills to be processed and received by the citizens; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 19th day of April, 2005, that the following rates be and they hereby are established on real estate, tangible personal property, motor vehicles specially equipped for the disabled, motor vehicles for fire and rescue volunteers, motor carrier transportation, machinery and tools, merchant’s capital, aircraft, mobile homes and Widewater Special Service District for the tax year beginning January 1, 2005:
Legislative; Consent Agenda. Ms. Hilliard motioned, seconded by Mr. Fields, to adopt the Consent Agenda, Consisting of Items 6 thru 13.
The Voting Board tally was: Item 6. Public Services; Authorize a Public Hearing to Amend the County Code Entitled “Maximum Speed Limits in Residence Districts; Penalty. Resolution R05-158 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the Board is interested in promoting public health, safety and welfare, including the prevention of accidents caused by speeding vehicles in certain residence districts; and WHEREAS, Section 46.2-878.2 of the Code of Virginia (1950), as amended, authorizes a severe penalty for persons exceeding the maximum speed limit in certain residence districts; and WHEREAS, the Board adopted Ordinance O97-29(R), which established criteria for the establishment of residence districts where a maximum speed limit fine could be levied; and WHEREAS, the County has received a petition to establish a residence district along Winterberry Drive (SR-1179) in Clearview Heights Subdivision between Butler Road (SR-218) and Falmouth Drive (SR-1047); NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 19th day of April, 2005, that the County Administrator be and he hereby is authorized to advertise a public hearing for June 21, 2005, to designate Winterberry Drive (SR-1179) as a residence district. Item 7. Fire, Rescue and Emergency Services; Execute a Contract to Purchase Lifepaks, Defibrillators and Accessories for Fire and Rescue Stations. Resolution R05-161 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the County has received a 50/50 Rescue Squad Assistance Fund Grant in the amount of $75,852; and WHEREAS, the Department of Fire, Rescue and Emergency Services desires to purchase 7 LifePaks, 12 defibrillators and accessories from Medtronic Physio-Control; and WHEREAS, the County contracts with Medtronic Physio-Control for the maintenance and service of this equipment; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 19th day of April, 2005, that the County Administrator be and he hereby is authorized to execute a contract with Medtronic Physio-Control for the purchase of 7 LifePaks, 12 defibrillators and accessories at a cost not to exceed One Hundred Fifty-four Thousand Five Hundred Seventy-four Dollars ($154,574); and BE IT FURTHER RESOLVED that the Grant from the Virginia Office of Emergency Medical Services in the amount of $75,852 be and it hereby is budgeted and appropriated to the General Fund, Fire, Rescue and Emergency Services, to purchase lifepaks, defibrillators and accessories. Item 8. Economic Development and Legislative Affairs; Request the Commonwealth Transportation Board to Designate the Interstate-95 Bridge over the Rappahannock River as the Pearl Harbor Memorial Bridge. Resolution R05-163 reads as follows:
A RESOLUTION TO REQUEST THE COMMONWEALTH TRANSPORTATION BOARD TO DESIGNATE THE WHEREAS, the Northern Virginia Chapter of the Pearl Harbor Survivors Association desires that the Interstate 95 bridge over the Rappahannock River be designated as the Pearl Harbor Memorial Bridge; and WHEREAS, the Board desires to assist the Association in this effort; and WHEREAS, the passage of time since the attack on Pearl Harbor, that so changed the Country, and the world, and the advancing age of Pearl Harbor Survivors means that time is of the essence in this endeavor; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 19th day of April, 2005 that the Commonwealth Transportation Board be and it hereby is requested to designate the Interstate 95 Bridge over the Rappahannock River as the Pearl Harbor Memorial Bridge; and BE IT FURTHER RESOLVED that the County Administrator be and he hereby is requested to transmit a copy of this resolution to the Commonwealth Transportation Board for its consideration. Item 9. Public Services; Abandon and Add Certain Portions of Cool Spring Road (SR-607) in the State Secondary Road System. Resolution R05-140 reads as follows:
A RESOLUTION TO ADD AND ABANDON CERTAIN WHEREAS, Cool Spring Road (SR-607) between White Oak Road (SR-218) and Kings Highway (SR-3) was improved; and WHEREAS, as a result of these improvements, adjustments to the State Secondary System of Highways; and WHEREAS, the new road serves the same citizens as the portions of old road to be abandoned, and these segments no longer serve a public need; and WHEREAS, the Board requests the Virginia Department of Transportation (VDOT) to add to the State Secondary System of Highways pursuant to Section 33.1-229, Code of Virginia (1950), as amended, the following seven sections as shown on the drawing entitled Stafford County changes in the Secondary System due to relocation and construction on SR-607, Project:0607-089-223, C-501, dated February 7, 2005 and prepared by VDOT:
Section 5, Length .01 Miles Connection at Station 200 + 00; and WHEREAS, the Board requests VDOT to abandon from the State Secondary System of Highways, pursuant to Section 33.1-155, Code of Virginia (1950), as amended, the following four sections as shown on the previously referenced drawing dated February 7, 2005:
Section 1, Length .08 Miles NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 19th day of April, 2005, that it be and hereby does approve the aforementioned additions and deletions from the State Secondary System of Highways; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Virginia Department of Transportation Resident Engineer. Item 10. Public Services; Enter into a Pilot Program with Regard to the Assumption of Secondary Roads. Resolution R05-162 reads as follows: A RESOLUTION REQUESTING SPOTSYLVANIA COUNTY PARTICIPATE IN THE STUDY REGARDING THE ASSUMPTION OF SECONDARY ROADS AND REQUEST THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO FUND THE STUDY WHEREAS, funding levels through traditional Virginia Department of Transportation formulas have not kept pace with secondary road needs of counties experiencing rapid population growth; and WHEREAS, the Transportation Commissioner initiated discussions seeking counties to enter into a pilot program demonstrating intergovernmental cooperation and efficiencies through the assumption of secondary roads; and WHEREAS, Stafford County has developed and issued a Request for Proposals to analyze potential benefits and costs with regard to the assumption of secondary roads; and WHEREAS, Stafford County has invited Spotsylvania County to participate in determining feasibility of assuming secondary roads and the need for VDOT funding of such a study; and WHEREAS, the results of a secondary road assumption feasibility study will have significant implications for VDOT and many counties throughout the Commonwealth; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 19th day of April, 2005 that Spotsylvania County be and it hereby is invited and welcomed to participate with Stafford County to analyze the feasibility, including costs and benefits, regarding the assumption of secondary roads; and BE IT FURTHER RESOLVED that VDOT be and it hereby is requested to fund the feasibility study regarding the assumption of secondary roads. Item 11. Public Services; Petition VDOT to Include Streets within Stafford Lakes Village and Perry Farms Subdivisions in the State Secondary Road System. Resolution R05-160 reads as follows:
A RESOLUTION WHICH PETITIONS THE VIRGINIA DEPARTMENT WHEREAS, the Board, pursuant to Section 33.1-229 of the Code of Virginia (1950), as amended, desires to add University Boulevard within Stafford Lakes Village Subdivision in the State Secondary Road System; and WHEREAS, the Virginia Department of Transportation (VDOT) has inspected this street and found it acceptable; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 19th day of April 2005, that the Virginia Department of Transportation (VDOT) be and it hereby is petitioned to include the following street within Stafford Lakes Village Subdivision in the State Secondary Road System: Street Station Length
University Boulevard Fr: Inter. Reservoir Road 0.12 Miles An unrestricted right-of-way (ROW), as indicated above, for this street with necessary easements for cuts, fills and drainage is guaranteed, as evidenced by Plat of Record entitled Stafford Lakes Village Subdivision, Plat Book 36 Pages 288-290 recorded April 11, 2000; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the developer and the Resident Engineer of VDOT. Resolution R05-164 reads as follows:
A RESOLUTION WHICH PETITIONS THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO INCLUDE CHADWICK DRIVE AND THAXTON COURT WITHIN PERRY FARM SUBDIVISION, SECTIONS 4 AND 5, IN WHEREAS, the Board, pursuant to Section 33.1-229 of the Code of Virginia (1950), as amended, desires to add Chadwick Drive and Thaxton Court within Perry Farm Subdivision in the State Secondary Road System; and WHEREAS, the Virginia Department of Transportation (VDOT) has inspected this street and found it acceptable; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 19th day of April 2005, that the Virginia Department of Transportation (VDOT) be and it hereby is petitioned to include the following streets within Perry Farm Subdivision in the State Secondary Road System: Street Station Length Chadwick Drive Fr: Inter. Juggins Road 0.32 Miles To: Inter. Thaxton Court 52' ROW
Chadwick Drive Fr: Inter. Thaxton Court 0.06 Miles
Thaxton Court Fr: Inter. Chadwick Drive 0.11 Miles An unrestricted right-of-way (ROW), as indicated above, for each street with necessary easements for cuts, fills and drainage is guaranteed, as evidenced by Plat of Record entitled Perry Farm Subdivision, Sections 4 and 5, LR #010000231, recorded November 2, 2001; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the developer and the Resident Engineer of VDOT. Item 12. Public Services; Recommend to the Virginia Department of Transportation the Inclusion of Certain Projects in its FY2006-FY2011 Interstate, Primary and Urban System Six-Year Improvement Plan. Resolution R05-168 reads as follows:
A RESOLUTION TO RECOMMEND TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) THE INCLUSION OF CERTAIN PROJECTS IN THEIR FY2006-FY2011 INTERSTATE, PRIMARY AND URBAN SYSTEM WHEREAS, the Virginia Department of Transportation (VDOT) is updating its Six-Year Improvement Plan for the Interstate, Primary, and Urban systems for FY2006-FY2011; and WHEREAS, VDOT is holding a public hearing on April 19, 2005, concerning the FY2006-FY2011 Interstate, Primary, and Urban Six-Year Improvement Plan (SYIP); and WHEREAS, the Board desires to have its recommendations entered into the public record at such hearing; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 19th of April, 2005, that the Board be and it hereby does support the continued full funding of these road improvement projects:
1. Improvements to US-17 from I-95 to Village Parkway BE IT FURTHER RESOLVED that this resolution shall be included into the record at the VDOT public hearing on April 19, 2005. Item 13. Finance; Budget and Appropriate Proffer Funds to the Schools in FY2005. Resolution R05-157 reads as follows:
A RESOLUTION TO BUDGET AND APPROPRIATE WHEREAS, cash proffers exist in the proffer escrow account and are available for appropriation in the amount of $236,977; and WHEREAS, these funds have been designated for School projects; and WHEREAS, the schools have requested these funds for appropriation; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 19th day of April, 2005, that Two Hundred Thirty-six Thousand Nine Hundred Seventy-seven dollars ($236,977) be and it hereby is budgeted and appropriated as follows:
Adjournment. At 9:45 P. M., the Chairman declared the meeting adjourned to Thursday, April 28, 2005, at 5:00 P.M.
______________________________ ______________________________
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