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January 17, 2006

BOARD OF SUPERVISORS
COUNTY OF STAFFORD
STAFFORD, VIRGINIA

MINUTES

Regular Meeting
January 17, 2006

Call to Order. A regular meeting of the Stafford County Board of Supervisors was called to order by Robert C. Gibbons, Chairman, at 1:05 P. M., Tuesday, January 17, 2006, in the Alvin York Bandy Administrative Complex, 31 Stafford Avenue.

Roll Call. The following members were present: George H. Schwartz; M. S. ‘Joe’ Brito; Jack R. Cavalier, Vice Chairman; Mark Dudenhefer; Peter J. Fields; Robert C. Gibbons, Chairman; and Paul V. Milde III.

Also in attendance were: Steve Crosby, County Administrator; Joe Howard, County Attorney; and Marty Y. Beard, Chief Deputy Clerk.

Presentation of Proclamation to Recognize and Commend Hugh P. Fisher III. The Chairman presented a proclamation to Hugh P. Fisher III.

Legislative; Fire Chief Report. Mr. Rob Brown, Fire Chief, gave a presentation on the status of the County as a result of the high winds that the County did experience.

Work Session; Health Department Annual Report. Dr. Donald H. Stern, M. D., Health Director, Rappahannock Area Health District , gave a presentation on current issues and responded to Board members questions.

Work Session; Purchasing Ordinance. Mr. Anthony Romanello, Deputy County Administrator, gave a presentation.

Discussion ensued.

Hearing no objections from the Board, a committee of Mr. Brito and Mr. Dudenhefer were requested to further review the proposed ordinance and report back to the Board.

Work Session; Transportation. Mr. Fulton delaMorton, Senior Engineer, Department of Public Services, gave a presentation.

Discussion ensued.

Hearing no objections from the Board, staff was requested to arrange a joint work session with the Transportation Commission.

Recess. At 3:10 P. M., the Chairman declared a recess.

Call to Order. At 3:20 P. M. the Chairman called the meeting back to order.

Legislative; Closed Meeting Agenda Addition. Mr. Fields motioned, seconded by Mr. Dudenhefer, to add the following to the Closed Meeting Agenda:

Acquisition of Real Property for Public Purpose Crow’s Nest
(Paul V. Milde, III)

Acquisition of Real Property for Public Purpose Stafford Volunteer Firemen’s Association
(Joseph L. Howard, Jr.)

Section 2.2-3711 A3
Code of Virginia

By Voice, the vote was:
Yea: (7) Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz
Nay: (0)

Work Session; Preliminary Budget. Ms. Cheryl Beagle, Budget Director, gave a presentation and responded to Board members questions.

Hearing no objections from the Board, it was noted that a joint work session with the School Board would be requested.

Closed Meeting. At 4:25 P. M. Mr. Fields motioned, seconded by Mr. Cavalier, to adopt proposed Resolution CM06-03.

By Voice, the vote was:
Yea: (7) Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito
Nay: (0)

Resolution CM06-03 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 in regard to Stafford Lakes Limited Partnership v. Board of Zoning Appeals of Stafford County, Virginia & Daniel J. Schardein & Linda Fellers & Jack Fellers; Richard R. Nageotte v. Board of Supervisors of Stafford County, Virginia and Stafford County, Virginia and pending litigation in regard to the following matters: Don Allen Metheny, et al. v. The County of Stafford, Virginia, et al., Ward Corporation v. Board of Supervisors, Stafford Lakes Limited Partnership, et al. v. BZA, Garrett Development Corp., et al. v. BZA (2 matters), Patricia G. Kurpiel v. Stafford County Board of Zoning Appeals, RTG, L.L.C. v. Stafford Rappahannock, L.L.C. and Board of Supervisors of Stafford County, Virginia, Crucible, Inc. v. Board of Supervisors of Stafford County, Virginia and Stafford County, Virginia, Crucible, Inc. v. Board of Zoning Appeals of Stafford County, Virginia, American Fire Equipment, Inc. v. Widewater Volunteer Fire and Rescue Services, Inc. v. The County of Stafford, Virginia, Eagle Properties of Virginia, et al. v. Board of Supervisors, et al., and three matters regarding the acquisition of real property for public purpose; and

WHEREAS, pursuant to Section 2.2-3711 A7 and A3 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 5:45 P. M. the Chairman called the meeting back to order.

Closed Meeting Certification. Mr. Fields motioned, seconded by Mr. Cavalier, to adopt proposed Resolution CM06-03a.

By Voice, the vote was:
Yea: (7) Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito, Cavalier
Nay: (0)

Resolution CM06-03a reads as follows:

A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD
COUNTY BOARD OF SUPERVISORS IN A CLOSED MEETING ON
JANUARY 17, 2006

WHEREAS, the Board has, on this the 17th day of January 2006, 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 17th day of January 2006, 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 5:46 P. M. the Chairman declared a recess until 7:00 P. M.

Call to Order. At 7:04 P. M. the Chairman called the meeting back to order.

Invocation. Mr. Fields gave the Invocation.

Pledge of Allegiance. Mr. Cavalier led the Pledge of Allegiance to the Flag of the United States of America.

Presentation of a Proclamation to Commemorate Posthumously James M. Feltis III. The Chairman presented a proclamation to the family of James M. Feltis III.

Presentations by the Public. The following individuals commented on the topic as identified:

James Bracco - Water/sewer issues.

Rebecca Reed - Conservation easement.

Ted Parks - Stafford Regional Airport.

Helen Stone - Save Crows Nest.
- Secondary road program.
- Bylaws.
- Sensitive Resource Overlay.

Chuck Feldbush - Traffic signal at intersection of Mountain View/Choptank Road.

Cecila Kirkman - Sensitive Resource Overlay.

Planning; Consider Rezoning 12.18 Acres from R-4 to B-2 Located at 755 Telegraph Road. Mr. Cavalier motioned, seconded by Mr. Fields, to refer this item back to the Planning Commission.

Discussion ensued.

The Voting Board tally was:
Yea: (6) Fields, Gibbons, Milde, Schwartz, Cavalier, Dudenhefer
Nay: (0)
Absent: (1) Brito

Consent Agenda. Mr. Cavalier motioned, seconded by Mr. Fields, to adopt the Consent Agenda, consisting of Items 7 thru 10, omitting 7 and 10.

The Voting Board tally was:
Yea: (7) Gibbons, Milde, Schwartz, Brito, Cavalier, Dudenhefer, Fields
Nay: (0)

Economic Development; Support a Request by 84 Lumber to the Commonwealth Transportation Board for Industrial Access Railroad Track Funds.

Resolution R06-21 reads as follows:

A RESOLUTION TO SUPPORT A REQUEST BY 84 LUMBER
TO THE COMMONWEALTH TRANSPORTATION BOARD
FOR INDUSTRIAL ACCESS RAILROAD TRACK FUNDS

WHEREAS, 84 Lumber has expressed its intent and desire to the Board to locate its commercial operation in Stafford County; and

WHEREAS, 84 Lumber and its operation will require rail access; and

WHEREAS, the officials of 84 Lumber have reported to the County their intent to apply for Industrial Access Railroad Track Funds from the Commonwealth of Virginia Department of Rail and Public Transportation in the amount of $399,100; and

WHEREAS, 84 Lumber has requested that the County provide a resolution supporting its application for said funds which are administered by the Virginia Department of Rail and Public Transportation;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of January, 2006, that the Board be and it hereby does endorse and support the application of 84 Lumber for Three Hundred Ninety-nine
Thousand and One Hundred Dollars ($399,100) in Industrial Access Railroad Track Funds; and

BE IT FURTHER RESOLVED that the Board be and it hereby does make known its desire and intent to encourage the Commonwealth Transportation Board to provide the maximum financial assistance to 84 Lumber for the purpose of locating its commercial facility in Stafford County.

Legislative; Recognize and Commend Hugh P. Fisher III.

Proclamation P06-02 reads as follows:

A PROCLAMATION TO RECOGNIZE AND COMMEND
HUGH P. “CHIP” FISHER III

WHEREAS, Hugh P. Fisher III began his career with Stafford County in 1987, working in dual roles as Assistant Commonwealth Attorney and Assistant County Attorney. He earned a fulltime position as Assistant County Attorney in 1989 and was promoted to Deputy County Attorney in 1997; and

WHEREAS, Hugh P. Fisher III served as Acting County Attorney from August 2004 until April 2005; and

WHEREAS, Hugh P. Fisher III is a member of the Virginia, Fredericksburg and American Bar Associations; serves as a member of the adjunct faculties at the James Monroe Center for Graduate and Professional Studies; teaches legal courses in business and paralegal studies at J. Sargeant Reynolds Community College and Germanna Community College; and

WHEREAS, Hugh P. Fisher III was committed to volunteering in the Stafford community, serving on the Board of Directors for Rappahannock Goodwill Industries and the Rappahannock Area Council for Children and Parents. He mentored students at Stafford Elementary School, and participated in the Rappahannock United Way “Day of Caring” for many years; and

WHEREAS, Hugh P. Fisher III earned two awards from the Stafford Department of Social Services for his commitment to the prevention of child abuse and neglect and his support for child protective services; and

WHEREAS, during his tenure in the County Attorney’s Office, Hugh P. Fisher III skillfully represented and advised the Board of Supervisors and County departments in civil litigation and condemnations; handled collections, personnel and HIPPA issues; dealt with zoning violations for the Board of Zoning Appeals; represented the Department of Social Services in court cases; and worked with the Community Policy and Management Team for At-Risk Youth and Families; and

WHEREAS, the Board desires to call to the attention of citizens everywhere the dedication and commitment with which Hugh P. Fisher III served the residents of Stafford, and to wish him well in his new role as City Attorney of Colonial Heights, Virginia;

NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 17th day of January, 2006, that Hugh P. Fisher III be and he hereby is recognized and commended for his many accomplishments as a devoted public servant.

Finance; Approve Expenditure Listings. Mr. Schwartz commented.

Discussion ensued.

Mr. Schwartz motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution R06-22.

The Voting Board tally was:
Yea: (7) Milde, Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons
Nay: (0)

Resolution R06-22 reads as follows:


A RESOLUTION TO APPROVE EXPENDITURE LISTING (EL) DATED
JANUARY 3, 2006 THROUGH JANUARY 16, 2006

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 17th day of January, 2006, that the above-mentioned EL be and it hereby is approved.

Planning; Authorize a Public Hearing to Consider Rezoning 38.99 Aces from A-1 to M-1 Located at 50 Riverside Parkway. Mr. Brito commented.

The County Attorney commented further.

Mr. Brito motioned, seconded by Mr. Fields, to defer this item until the next Board meeting.


The Voting Board tally was:
Yea: (7) Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde
Nay: (0)

Administration; Authorize the County Administrator to Execute a Memorandum of Agreement between Leeland Station, LLC and the Board of Supervisors. The Deputy County Administrator gave a presentation.

Mr. Schwartz motioned, seconded by Mr. Fields, to adopt proposed Resolution R06-19.

Discussion ensued.

The Voting Board tally was:
Yea: (7) Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz
Nay: (0)

Resolution R06-19 reads as follows:



A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN LEELAND STATION, LLC AND THE BOARD OF SUPERVISORS

WHEREAS, the Board desires to provide additional parking for its residents at the Virginia Railway Express Commuter Rail service at Leeland Station; and

WHEREAS, Leeland Station, LLC has constructed a gravel parking lot with 150 parking spaces for over-flow parking which is for the sole use of the residents boarding the Virginia Railway Express at Leeland; and

WHEREAS, an Agreement needs to be executed;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of January , 2006, that the County Administrator be and he hereby is authorized to execute a Memorandum of Agreement with Leeland Station, LLC for the use of the parking area for a period of at least two years.

Legislative; Accept and Execute a Deed from the Hartwood Firemen’s Association, Inc. The County Attorney gave a presentation.

Mr. Schwartz motioned, seconded by Mr. Brito, to adopt proposed Resolution R06-11.

The Voting Board tally was:
Yea: (7) Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz
Nay: (0)

Resolution R06-11 reads as follows:

A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO ACCEPT AND EXECUTE A DEED FOR 4.904 ACRES FROM THE HARTWOOD FIREMEN’S ASSOCIATION, INC.

WHEREAS, in November, 2001, England Run Commercial Limited Partnership conveyed Tax Map Parcel 44V B containing 4.904 acres of land (the “Property”) to the Hartwood Firemen’s Association, Inc. (“the Association”) for fire, rescue and emergency response purposes; and

WHEREAS, the Property was conveyed with four covenants and restrictions, i.e., the Property could only be used for fire, rescue and emergency response purposes; fire and rescue facilities must be built prior to 2016 or the Property reverts to the County; architecture must be consistent with the surrounding area; and building(s) on the Property must be named for Ferris M. Belman, Sr. and Linda V. Musselman; and

WHEREAS, the Association now desires to convey the Property to the County and has tendered a deed for the 4.904 acres for the purpose of building a new fire and rescue station; and

WHEREAS, the Board has approved a contract for the construction of a fire and rescue station on the Property; and

WHEREAS, Section 15.2-1803 of the Code of Virginia (1950), as amended, requires every deed conveying real estate to a locality to be accepted by the locality, which acceptance must appear on the face of the deed itself; and

WHEREAS, the Board desires to accept the deed for 4.904 acres from the Hartwood Firemen’s Association, Inc.;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of January, 2006, that the County Administrator be and he hereby is authorized to accept and execute a deed to Tax Map Parcel 44V B containing 4.904 acres of land from the Hartwood Firemen’s Association, Inc.

Legislative; Suspend the Bylaws to Authorize a Public Hearing for Well and On-Site Sewage Disposal Standards for Preliminary Subdivision Plans. The County Attorney gave a presentation.

Mr. Fields motioned, seconded by Mr. Brito, to adopt proposed Resolution R06-36.

Discussion ensued.

The Voting Board tally was:
Yea: (7) Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito, Cavalier
Nay: (0)

Resolution R06-36 reads as follows:

A RESOLUTION TO SUSPEND THE BY-LAWS TO AUTHORIZE A
PUBLIC HEARING FOR WELL AND ON-SITE SEWAGE DISPOSAL STANDARDS FOR PRELIMINARY SUBDIVISION PLANS

WHEREAS, the Board adopted By-laws at its meeting on January 3, 2006, to be in effect for sixty days, pending revisions based upon committee recommendations; and

WHEREAS, the Board’s By-laws provide that amendments to the Code will be considered on a quarterly basis; and

WHEREAS, the Board has been working on a new drainfield ordinance to require health department approval and soils analysis for on-site sewage disposal systems as part of the preliminary plan submission and approval process; and

WHEREAS, this proposed drainfield ordinance was previously scheduled for consideration by the Board with the quarterly ordinance schedule in December, 2005 in accordance with the By-laws in effect at that time; and

WHEREAS, the proposed drainfield ordinance was re-referred to the Planning Commission for additional consideration; and

WHEREAS, the Planning Commission recommended approval of the proposed drainfield ordinance at its January 4, 2006, meeting; and

WHEREAS, this ordinance should have been considered in the normal course of business at the December, 2005 Board meeting; and

WHEREAS, it is in the public interest from the standpoint of public health, safety and welfare, and the protection of the environment to consider this ordinance without waiting for the normal quarterly ordinance process;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of January, 2006, that it hereby suspends the rules of its By-laws for the purpose of scheduling a public hearing on the proposed drainfield ordinance at its February 7, 2006 regular meeting; and

BE IT FURTHER RESOLVED that the Board hereby authorizes staff to properly advertise a public hearing to consider said ordinance at that time.

Legislative; Refer Sensitive Resource Overlay Ordinance to the Planning Commission. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.

Mr. Bill Cooke, Chairman of the Planning Commission, commented further.

Mr. Dudenhefer motioned, seconded by Mr. Milde, to adopt proposed Resolution R06-60.

Discussion ensued.

Mr. Fields made a substitute motion, seconded by Mr. Schwartz, to refer this item to the Planning Commission and to report back to the Board within 45 days.

Discussion further ensued.

Mr. Fields withdrew the substitute motion. Mr. Schwartz withdrew the second to the substitute motion.

The Voting Board tally was:
Yea: (5) Gibbons, Milde, Brito, Cavalier, Dudenhefer
Nay: (2) Fields, Schwartz

Resolution R06-60 reads as follows:

A RESOLUTION TO WITHDRAW RESOLUTION R05-386 SENSITIVE RESOURCE OVERLAY ORDINANCE

WHEREAS, the Board, at its October 18, 2005 meeting, voted by Resolution R05-386 to refer recommended changes on an Amendment to the Sensitive Resources Overlay District Ordinance to the Planning Commission; and

WHEREAS, Section 15.2-2285 of the Code of Virginia, 1950, as amended, stipulates that the Planning Commission must act within one hundred (100) days of its first meeting after the Amendment was referred by the Board; and

WHEREAS, The Planning Commission has requested the Board allow an additional one hundred twenty (120) days for a recommendation; and

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of January, 2006, that Resolution R05-386 be and it hereby is rescinded and the Sensitive Resource Overlay Ordinance is hereby withdrawn from the Planning Commission.

Mr. Fields motioned, seconded by Mr. Schwartz, to refer the text component of the Sensitive Resource Overlay Ordinance to the Planning Commission for review and report back to the Board within 45 days.

Mr. Brito made a substitute motion, seconded by Mr. Milde, to refer the text component of the Sensitive Resource Overlay Ordinance to the Planning Commission for review and report back to the Board with text and map no later than June 2006.

Discussion ensued.

Mr. Brito withdrew the substitute motion. Mr. Milde withdrew the second to the substitute motion.

Mr. Brito made a substitute motion, seconded by Mr. Dudenhefer, to refer the text component of the Sensitive Resource Overlay Ordinance to the Planning Commission for review with permission to revise and report back to the Board no later than 90 days.

The Voting Board tally was:
Yea: (5) Milde, Brito, Cavalier, Dudenhefer, Gibbons
Nay: (2) Schwartz, Fields

Legislative; Appoint Members to Boards, Authorities, Commissions and Committees.

Mr. Milde motioned, seconded by Mr. Cavalier, to adopt proposed Resolution R06-95.


The Voting Board tally was:
Yea: (7) Milde, Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons
Nay: (0)

Resolution R06-95 reads as follows:

A RESOLUTION TO APPOINT A MEMBER TO THE AGRICULTURAL COMMISSION

WHEREAS, the Board established a comprehensive approach to the preservation of agricultural and rural lands; and

WHEREAS, the Agricultural Commission will assist the Board in addressing the problems of sustainable growth, preservation of rural lands, and promotion and facilitation of agriculture, environmental integrity, land values and taxation; and

WHEREAS, the Agricultural Commission consists of seven members appointed from the election districts; and

WHEREAS, the Agricultural Commission recommends policies to accomplish the following:

1. Identification of areas of the County that are appropriate for the continuation of agriculture and the preservation of rural lands.

2. Identification of the level of residential development that should be permitted within agricultural and rural areas.


3. Review of the land use assessment program to determine its effect on farmland and its potential use on land speculation.

4. Development of a purchase of development rights program.

5. Development of a program with the Department of Economic Development and other County departments that will facilitate the expansion of markets for farm products; and

WHEREAS, the Agricultural Commission is permitted to form ad hoc committees comprised of the various stakeholders that it deems necessary to carry out the Commission’s mission; and

WHEREAS, the Board has previously appointed the following;

NAME EXPIRATION

Thomas Coen December 31, 2009
(Garrisonville District)

VACANT December 31, 2005
(Hartwood District)

Edward G. Silver December 31, 2007
(George Washington District)

Richard Silvrants December 31, 2007
(Rock Hill District)

Nan Rollison December 31, 2007
(Griffis-Widewater District)

Gary Kania December 31, 2005
(Aquia District)

Bruce Callander December 31, 2009
(Falmouth District)

WHEREAS, the Board desires that expirations coincide with Board Members terms of office;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of January, 2006, that:

NAME EXPIRATION

Benjamin Rudasill December 31, 2009
(Aquia)

be and he hereby is appointed to the Agricultural Commission.

Mr. Cavalier motioned, seconded by Mr. Milde, to adopt proposed Resolution R06-96.

The Voting Board tally was:
Yea: (7) Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde
Nay: (0)

Resolution R06-96 reads as follows:

A RESOLUTION TO APPOINT A MEMBER TO THE ARCHITECTURAL REVIEW BOARD

WHEREAS, Section 28-408(B) of the Stafford County Code authorizes the Board to appoint members to serve on the Architectural Review Board; and

WHEREAS, Section 28-408(B-2) of the Stafford County Code states that the Architectural Review Board shall be composed of five members, with the following representation: one member from the architectural profession; one member who is a resident of a designated historical district; one member from the Planning Commission; one member from a historical society in Stafford County; and one member-at-large; and

WHEREAS, the Board has appointed the following:

NAME EXPIRATION

Norman Schools December 31, 2006
(Historical Society)

Mark King December 31, 2007
(Member-At-Large)

Barbara Westebee December 31, 2007
(Historic District)

Barbara Kirby December 31, 2005
(Planning Commission)

VACANT
(Architect)

WHEREAS, the term of Barbara Kirby expired on December 31, 2005; and

WHEREAS, the term of membership is three years; and

WHEREAS, the Board desires to fill this vacancy;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of January, 2006, that

NAME EXPIRATION

Barbara Kirby December 31, 2008
(Planning Commission)

be and she hereby is appointed to the Architectural Review Board.

Mr. Fields motioned, seconded by Mr. Schwartz, to adopt proposed Resolution R06-97.

The Voting Board tally was:
Yea: (7) Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz
Nay: (0)

Resolution R06-97 reads as follows:

A RESOLUTION TO APPOINT MEMBERS TO THE STAFFORD
COUNTY BEAUTIFICATION COMMITTEE

WHEREAS, Resolution R02-215 reestablished the Beautification Committee; and

WHEREAS, Resolution R02-215 authorizes 17 members to be appointed to the Beautification Committee, one to represent each of the following: education system, business community, County Extension Office, a commu­nity or civic organization, a high school student, a youth organization, County government, a garden club, Sheriff’s Office, community involvement representative, and one representative from each of the County's seven election districts; and

WHEREAS, the Board desires to appoint an additional high school student representative; and

WHEREAS, the Board has previously appointed the following:

NAME EXPIRATION

Julie May December 31, 2005 (County Government)

VACANT December 31, 2005
(Youth Organization)

Ian Treggett December 31, 2005
(Extension Office)

Laurie Posner December 31, 2005
(George Washington District)

Bobbye Hayes December 31, 2005
(Griffis-Widewater District)

Janet O’Neal December 31, 2005
(Education System)

Betty Avisian December 31, 2006
(Falmouth District)

Sandra West December 31, 2005
(Community Organization)

David Moyer December 31, 2005
(Sheriff’s Office)

Cynthia Lucero-Chavez December 31, 2005
(Community Involvement)

Eleanor Brookover December 31, 2005
(Rock Hill District)

Mike Holmes December 31, 2005
(Hartwood District)

VACANT December 31, 2005
(Business Community)

Anne Kline December 31, 2005
(Garden Club)

VACANT December 31, 2004
(Garrisonville)

Shari Kern December 31, 2006
(Aquia)

VACANT December 31, 2004
(High School Student)

WHEREAS, the Board desires to fill the terms of expired members; and

WHEREAS, the term of membership is one year;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of January, 2006, that

NAME EXPIRATION

Julie May December 31, 2006
(County Government)

Trina McCarthy December 31, 2006
(Youth Organization)

Ian Treggett December 31, 2006
(Extension Office)

Laurie Posner December 31, 2006
(George Washington District)

Bobbye Hayes December 31, 2006
(Griffis-Widewater District)

Janet O’Neal December 31, 2006
(Education System)

Sandra West December 31, 2006
(Community Organization)

Deputy Craig Cain December 31, 2006
(Law Enforcement Officer)

Cynthia Lucero-Chavez December 31, 2006
(Community Involvement)

Eleanor Brookover December 31, 2006
(Rock Hill District)

Anthony Celestini December 31, 2006
(High School Student)

Jacob Kern December 31, 2006
(High School Student)

Anne Kline December 31, 2006
(Garden Club)

be and they hereby are appointed to the Beautification Committee.

Mr. Milde motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution R06-98.

The Voting Board tally was:
Yea: (7) Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito
Nay: (0)

Resolution R06-98 reads as follows:

A RESOLUTION TO APPOINT MEMBERS TO THE
CABLE TELEVISION ADVISORY COMMITTEE

WHEREAS, the Board, on December 2, 1986, approved Resolution R86-612(R) which established the Cable Television Advisory Committee; and

WHEREAS, Resolution R86-612(R) provides for the appointment of seven citizens, each residing in a different election district, to serve on the Cable Television Advisory Committee; and

WHEREAS, the Board, on April 4, 1989, approved Resolution R89-124(R) to include a voting representative from the County Administrator's Office, and a voting representative from the School Superintendent's Office; and

WHEREAS, the Board has appointed the following:

NAME EXPIRATION

Jacqueline Hontz December 31, 2006
(George Washington District)

Mary A. Thornburg December 31, 2005
(Aquia District)

Marilee Knight December 31, 2006
(Griffis-Widewater District)

Thomas Gregory December 31, 2006
(Rock Hill District)

James Crowe December 31, 2006
(Garrisonville District)

VACANT December 31, 2005
(Hartwood District)

Ernest Ackermann December 31, 2006
(Falmouth District)

County Administrator December 31, 2006
or Designee

School Superintendent December 31, 2006
or Designee

WHEREAS, the Board desires to fill terms expired on December 31, 2005; and

WHEREAS, the term of appointment is one year;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors, on this the 17th day of January, 2006, that

NAME EXPIRATION

Mark Smith December 31, 2006
(Aquia)

Terry Lottes December 31, 2006
(Hartwood)

be and they hereby are appointed to the Cable Television Advisory Committee.

Mr. Gibbons motioned, seconded by Mr. Schwartz, to adopt proposed Resolution R06-99.

The Voting Board tally was:
Yea: (7) Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito, Cavalier
Nay: (0)

Resolution R06-99 reads as follows:

A RESOLUTION TO APPOINT A MEMBER TO THE CENTRAL
RAPPAHANNOCK REGIONAL LIBRARY BOARD OF TRUSTEES

WHEREAS, Section 42.1-35 of the Code of Virginia (1950), as amended, and the Central Rappahannock Regional Library Agreement authorized the Board to appoint members to serve on the Board of Trustees; and

WHEREAS, the Regional Library Agreement states that "all appointed Board members shall be residents of the jurisdiction which they represent and may be private citizens, members of the governing bodies or employees of the governing bodies as they designate in their sole discretion; and

WHEREAS, the Board has previously appointed the following:

NAME EXPIRATION

Larry Towne December 31, 2006
(Member-At-Large)

Peter J. Fields December 31, 2005
(Board of Supervisor)

WHEREAS, the term of Peter J. Fields expired on December 31, 2005; and

WHEREAS, the term of appointment is four years; and

WHEREAS, the Board desires to fill this vacancy;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors, on this the 17th day of January, 2006, that

NAME EXPIRATION

Peter J. Fields December 31, 2009
(Board of Supervisor)

be and he hereby is appointed to the Central Rappahannock Regional Library Board of
Trustees.

Mr. Fields motioned, seconded by Mr. Schwartz, to adopt proposed Resolution R06-100.

The Voting Board tally was:
Yea: (7) Fields, Gibbons, Milde, Schwartz, Brito, Cavalier, Dudenhefer
Nay: (0)

Resolution R06-100 reads as follows:

A RESOLUTION TO APPOINT MEMBERS TO THE FIRE
PREVENTION CODE BOARD OF APPEALS

WHEREAS, the Fire Prevention Code requires establishment of a Fire Prevention Code Board of Appeals to consist of at least five members; and

WHEREAS, the Fire Prevention Code establishes the qualifications of the members of the Fire Prevention Code Board of Appeals as follows:

1. Registered design professional who is a registered architect, or builder, or superintendent of building construction with at least ten years experience, five of which shall have been in responsible charge of work.

2. Registered design professional with structural engineering or architectural experience.

3. Registered design professional with mechanical or plumbing engineering experience, or a mechanical or plumbing contractor with at least ten years experience, five of which shall have been in responsible charge of work.

4. Registered design professional with electrical engineering experience, or an electrical contractor with at least ten years experience, five of which shall have been in responsible charge of work.

5. Registered design professional with fire protection engineering experience, or a fire protection contractor with a least ten years experience, five of which shall have been in responsible charge of work; and

WHEREAS, the Board of Supervisors may appoint two alternate members who are required to meet the above qualifications; and

WHEREAS, the Board of Supervisors adopted Resolution R97-245 which established the Fire Prevention Code Board of Appeals; and

WHEREAS, the term of appointment is five years; and

WHEREAS, the Board has previously appointed the following:

NAME EXPIRATION

VACANT December 31, 2004
(Contractor)

Dolan Patton December 31, 2005
(Electrical Engineer & Electrical Contractor)

Richard Pearson December 31, 2006
(Architect)

Joseph F. Alexander December 31, 2007
(Structural Engineer)

Michael T. Cooper December 31, 2008
(Mechanical or Plumbing Engineer)

VACANT
(Alternate Member)

VACANT
(Alternate Member)

WHEREAS, Dolan Patton has submitted his resignation ; and

WHEREAS, vacancies exist for Alternate Members; and

WHEREAS, the Board desires to fill these vacancies;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of January, 2006, that

NAME EXPIRATION

Gerald Snellings December 31, 2010
(Electrical Engineer & Electrical Contractor)

David Lucia, II December 31, 2010
(Alternate Member)

be and they hereby are appointed to the Fire Prevention Code Board of Appeals.

Mr. Fields motioned, seconded by Mr. Schwartz, to adopt proposed Resolution R06-101

The Voting Board tally was:
Yea: (7) Gibbons, Milde, Schwartz, Brito, Cavalier, Dudenhefer, Fields
Nay: (0)

Resolution R06-101 reads as follows:

A RESOLUTION TO APPOINT MEMBERS TO THE
OLD FALMOUTH RENAISSANCE COMMISSION

WHEREAS, the Board adopted Resolution R00-300 on July 11, 2000, which established the Old Falmouth Renaissance Commission; and

WHEREAS, the responsibility of the Commission is to focus on the needs of the geographic area between Interstate 95 and the Mayfield-Ferry Farm Bridge; and

WHEREAS, the Commission is tasked to address matters such as historic preservation, traffic flow, flooding and environmental degradation, deterioration and construction standards; and

WHEREAS, the membership of the Commission is comprised of one member of the Planning Commission, two members of the Historic Port of Falmouth Association,
two citizen representatives, a member of the Historical Commission, a member of the Architectural Review Board, the Executive Director of the Fredericksburg-Stafford Park
Authority, the Executive Director of Belmont, the President of George Washington’s
Fredericksburg Foundation, a representative from the Virginia Department of
Transportation, a representative from the United States Army Corps of Engineers, a
representative of the National Park Service, and a representative from the Board of Supervisors; and

WHEREAS, the initial meeting of the Old Falmouth Renaissance Commission was held on November 28, 2000, at which time it recommended that a representative of the City of Fredericksburg be appointed to the Commission; and

WHEREAS, the Board has previously appointed the following:

NAME TERM

John T. Simpson, Jr. Pleasure of the Board
(Citizen)

Leaton M. Williams, III Pleasure of the Board
(Citizen)

Brian Robinson Pleasure of the Board
(Executive Director
Fredericksburg-Stafford Park Authority)

David Berreth Pleasure of the Board
(Executive Director of Belmont)

William Garner Pleasure of the Board
(President of George Washington’s
Fredericksburg Foundation)

Lisa Gusler Pleasure of the Board
(Alternate for GWFF)

Peter J. Fields Pleasure of the Board
(Board of Supervisors)

Irma Clifton Pleasure of the Board
(Historic Port of Falmouth Association)

Suzy Stone Pleasure of the Board
(Historic Port of Falmouth Association)

Gay Goad Pleasure of the Board
(Planning Commission)

Barbara Westebbe Pleasure of the Board
(Architectural Review Board)

John Hennessy Pleasure of the Board
(National Park Service)

Anita Dodd Pleasure of the Board
(Historical Commission)

Charles A. Kirkpatrick Pleasure of the Board
(Virginia Department of
Transportation)

Harold J. Wiggins Pleasure of the Board
(U. S. Army Corp. of Engineers)

Jervis C. Hairston Pleasure of the Board
(City of Fredericksburg)

WHEREAS, Gay Goad has submitted her resignation; and

WHEREAS, the Board desires to appoint a member to serve for the Planning Commission;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of January, 2006, that

NAME TERM

Arch DiPeppe Pleasure of the Board
(Planning Commission)

be and he hereby is appointed to the Old Falmouth Renaissance Commission.

Mr. Milde motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution
R06-102.

The Voting Board tally was:
Yea: (7) Milde, Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons
Nay: (0)

Resolution R06-102 reads as follows:

A RESOLUTION TO APPOINT MEMBERS TO THE PARKS
AND RECREATION COMMISSION

WHEREAS, Section 15.2-1806 of the Code of Virginia (1950), as amended, authorizes the Board to appoint members to serve on the Parks and Recreation Commission; and

WHEREAS, membership consists of ten members, one member from each election district in the County, one member as a representative from the School Board, one member from the Board of Supervisors and one member from the Planning Commission; and

WHEREAS, the Board has appointed the following:

NAME EXPIRATION

John Druiett December 31, 2008
(Hartwood District)

Thomas Paton December 31, 2007
(Garrisonville District)

VACANT December 31, 2006
(Aquia District)

Jack R. Cavalier December 31, 2006
(Board of Supervisors)

VACANT December 31, 2007
(School Board Representative)

Randy Walther December 31, 2008
(Falmouth District)

VACANT December 31, 2007
(Planning Commission)

Chris Hoppe December 31, 2008
(Griffis-Widewater District)

Brian Robinson December 31, 2006
(George Washington District)

Laurence R. Checca December 31, 2008
(Rock Hill District)

WHEREAS, the Board desires to fill several vacancies; and

WHEREAS, the term of appointment is three years;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of January, 2006, that

NAME EXPIRATION

Dr. John C. LeDoux December 31, 2007
(School Board Representative)

Kenneth Mitchell December 31, 2007
(Planning Commission)

be and they hereby are appointed to the Parks and Recreation Commission.


Mr. Fields motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution
R06-103.

The Voting Board tally was:
Yea: (7) Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde
Nay: (0)

Resolution R06-103 reads as follows:

A RESOLUTION TO APPOINT A MEMBER TO THE RAPPAHANNOCK JUVENILE DETENTION COMMISSION

WHEREAS, pursuant to Section 16.1-315 through Section 16.1-322 of the Code of Virginia (1950), as amended, the Board of Supervisors appoints members to serve on the Rappahannock Juvenile Detention Commission; and

WHEREAS, the Board has previously appointed the following:

NAME EXPIRATION

VACANT December 31, 2004
(Member-At-Large)

Steve Crosby Virtue of Office
(County Administrator)

Cheryl Beagle December 31, 2008
(Alternate for County Administrator)

Richard Clore December 31, 2004
(Alternate Member)

WHEREAS, the Board desires to fill a vacancy; and

WHEREAS, the term of appointment is four years;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of January, 2006, that

NAME EXPIRATION

William C. Tignor December 31, 2009
(Member-at-Large)

be and he hereby is appointed to the Rappahannock Juvenile Detention Commission.

Mr. Milde motioned, seconded by Mr. Cavalier, to adopt proposed Resolution R06-104.

The Voting Board tally was:
Yea: (7) Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz
Nay: (0)

Resolution R06-104 reads as follows:

A RESOLUTION TO APPOINT A MEMBER OF THE RAPPAHANNOCK REGIONAL JAIL AUTHORITY

WHEREAS, the City of Fredericksburg and the Counties of King George, Spotsylvania and Stafford Have entered into an agreement to establish the Rappahannock Regional Jail Authority for the purpose of operating an adult detention facility; and

WHEREAS, the Board has previously appointed the following members and alternatives:

NAME EXPIRATION

Kandy A. Hilliard Pleasure of the Board
(Board of Supervisors)

George Schwartz Pleasure of the Board
(Board of Supervisors Alternate)

Steve Crosby Pleasure of the Board
(Member)

Cheryl Beagle Pleasure of the Board
(Alternate Member)

WHEREAS, Kandy A. Hilliard has submitted her resignation;

WHEREAS, the Board desires to fill this vacancy;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of January, 2006, that

NAME EXPIRATION

Mark Dudenhefer Pleasure of the Board
(Board of Supervisors)

be and he hereby is appointed to the Rappahannock Regional Jail Authority.

Mr. Cavalier motioned, seconded by Mr. Milde, to appoint Thurman Campbell, William George, Bill Watson and Rob Alling as members to the Stafford Regional Airport Authority.

Discussion ensued.

Mr. Brito made a substitute motion, seconded by Mr. Schwartz, to refer appointments to this Committee to the next Board meeting.

The Voting Board tally was:
Yea: (7) Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito, Cavalier
Nay: (0)

Mr. Dudenhefer motioned, seconded by Mr. Fields, to adopt proposed Resolution
R06-105.

The Voting Board tally was:
Yea: (7) Fields, Gibbons, Milde, Schwartz, Brito, Cavalier, Dudenhefer
Nay: (0)

Resolution R06-105 reads as follows:

A RESOLUTION TO APPOINT MEMBERS TO THE TRANSPORTATION COMMISSION

WHEREAS, the Board, by approval of Resolution R04-458 on December 7, 2004, created the Transportation Commission; and

WHEREAS, the Transportation Commission shall be composed of eight members, seven resident freeholders and one member of the Stafford County Planning Commission, who shall be appointed as follows: each Board member shall appoint one resident freeholder from his or her election district to serve initially for the duration of the appointing Board member’s term in office. Subsequent terms for each of these seven Transportation Commission members shall be for four years. Each Board member shall appoint one resident freeholder from his or her election district to serve such a four-year term. The Chairman of the Planning Commission shall appoint one member of the Planning Commission to serve on the Transportation Commission and such member shall serve a four-year term to coincide with his or her current term on the Planning Commission. All Transportation Commission members may be reappointed for succeeding four-year terms in office; and

WHEREAS, one member to represent the Superintendent of Schools, one member to represent the Sheriff’s Office, and one member to represent the Department of Fire, Rescue, and Emergency Services shall be assigned to be in attendance at all meetings in an advisory capacity to the Commission; and

WHEREAS, the Board may, as it deems necessary, appoint five members of the Transportation Commission’s membership, pursuant to Section 33.1-230 of the Code of Virginia (1950), as amended, to function as viewers for public roads or bridges;

WHEREAS, the Board has appointed the following:

NAME EXPIRATION

Steven Apicella December 31, 2009
(Aquia)

Bruce Iosco December 31, 2009
(Falmouth)

Michael Kidby December 31, 2009
(Garrisonville)

Robert Dingess December 31, 2005
(Hartwood)

Byron K. Hinton December 31, 2007
(George Washington)

Jerry Graf December 31, 2007
(Griffis-Widewater)

Roland T. Stanford December 31, 2007
(Rock Hill)

William Cook December 31, 2007
(Planning Commission)

WHEREAS, the Board desires to appoint a member representing the Planning Commission;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors, on this the 17th day of January, 2006, that:

NAME EXPIRATION

Michael Rhodes December 31, 2007
(Planning Commission)

be and he hereby is appointed to the Transportation Commission.

Mr. Fields motioned, seconded by Mr. Schwartz, to adopt proposed Resolution R06-106.

The Voting Board tally was:
Yea: (7) Gibbons, Milde, Schwartz, Brito, Cavalier, Dudenhefer, Fields
Nay: (0)

Resolution R06-106 reads as follows:

A RESOLUTION TO ESTABLISH AND APPOINT MEMBERS
TO THE TRANSPORTATION IMPACT FEES BOARD OF
APPEALS

WHEREAS, the 2000 Virginia General Assembly enacted legislation which permits Stafford to levy Transportation Impact Fees; and

WHEREAS, pursuant to Section 15.2-2317 of the Code of Virginia (1950), as amended, on June 3, 2003, the Board adopted Ordinance O03-32, with an effective date of June 30, 2003, which created a road impact service area in the southeastern part of the County; and

WHEREAS, the Board desires to establish a Transportation Impact Fees Board of Appeals to consider issues by citizens on road impact fees in accordance with Section 13.5-11 of the County Code; and

WHEREAS, such an appeals board must consist of the County Administrator or his designee, the County Treasurer, the VDOT Resident Engineer or his designee; and two (2) citizen members appointed by the Board, one of whom must be a representative of the development industry; and

WHEREAS, the Board desires to appoint two citizen members thereto;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of January, 2006, that the following two citizens be and they hereby are appointed to the Transportation Impact Fees Board of Appeals:

NAME EXPIRATION

Steve Pitzel December 31, 2006
(Citizen)

Jack Manton December 31, 2006
(Development Industry)

Mr. Brito motioned, seconded by Mr. Schwartz, to adopt proposed Resolution R06-107.

The Voting Board tally was:
Yea: (7) Milde, Schwartz, Brito, Cavalier, Dudenhefer, Fields, Schwartz
Nay: (0)

Resolution R06-107 reads as follows:

A RESOLUTION TO APPOINT MEMBERS 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

Patricia Kurpiel December 31, 2009
(Falmouth District)

Robert P. Hunt December 31, 2009
(Aquia District)

Juan Chaves December 31, 2007
(George Washington District)

Vernon Blaisdell December 31, 2005
(Hartwood District)

Joyce Arndt December 31, 2007
(Griffis-Widewater District)

Richard Carroll December 31, 2009
(Garrisonville District)

Eugene Mayausky December 31, 2007
(Rock Hill District)

WHEREAS, the term of Vernon Blaisdell has expired; and

WHEREAS, the Board desires to fill the expired terms;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors, on this the 17th day of January, 2006, that

NAME EXPIRATION

Lloyd Chittum December 31, 2009
(Hartwood)

be and he hereby is appointed to the Utilities Commission.

Mr. Milde motioned, seconded by Mr. Cavalier, to adopt proposed Resolution R06-108.

The Voting Board tally was:
Yea: (7) Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde
Nay: (0)

Resolution R06-108 reads as follows:

A RESOLUTION TO APPOINT A MEMBER TO THE WETLANDS BOARD

WHEREAS, Section 28.2-1303 of the Code of Virginia (1950), as amended, authorizes the Board to appoint members to serve on the Wetlands Board; and

WHEREAS, the Board has previously appointed the following:

NAME EXPIRATION

Stanley Dameron December 31, 2007
(Member-At-Large)

Sam M. Hess December 31, 2004
(Member-At-Large)

Richard Decatur December 31, 2006
(Member-At-Large)

Ralph A. Marceron December 31, 2006
(Member-At-Large)

George L. Newman December 31, 2006
(Member-At-Large)

WHEREAS, the term of Sam M. Hess expired on December 31, 2004;

WHEREAS, the term of appointment is five years; and

WHEREAS, the Board desires to fill this vacancy;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of January, 2006, that:

NAME EXPIRATION

Sam M. Hess December 31, 2010
(Member-At-Large)

be and he hereby is appointed to the Wetlands Board.

Legislative; Closed Meeting Addition. Mr. Milde motioned, seconded by Mr. Cavalier, to add the following to Closed Meeting.
Legal Advice - Comprehensive Plan
(William E. Donnelly, III, Esquire)
Section 2.2-3711 A7
Code of Virginia

The Voting Board tally was:
Yea: (7) Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz
Nay: (0)

Closed Meeting. At 9:40 P.M., Mr. Fields motioned, seconded by Mr. Cavalier, to adopt proposed CM06-04.

The Voting Board tally was:
Yea: (7) Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito
Nay: (0)

CM06-04 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 in regard to the Comprehensive Plan; and

WHEREAS, pursuant to Section 2.2-3711 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 10:30 P. M. the Chairman called the meeting back to order.

Legislative; Closed Meeting Certification. Mr. Cavalier motioned, seconded by Mr. Fields, to adopt proposed Resolution CM06-04a.

The Voting Board tally was:
Yea: (7) Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito, Cavalier
Nay: (0)

Certification CM06-04a reads as follows:

A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD
COUNTY BOARD OF SUPERVISORS IN A CLOSED MEETING ON
JANUARY 17, 2006

WHEREAS, the Board has, on this the 17th day of January 2006, 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 17th day of January 2006, 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; Authorize the County Administrator to Accept a Deed of Gift for Two Lots in the Lake Arrowhead Subdivision.

Mr. Gibbons motioned, seconded by Mr. Cavalier, to adopt proposed Resolution R06-78.

The Voting Board tally was:
Yea: (7) Fields, Gibbons, Milde, Schwartz, Brito, Cavalier, Dudenhefer
Nay: (0)

Resolution R06-78 reads as follows:

A RESOLUTION WHICH AUTHORIZES THE COUNTY ADMINISTRATOR TO ACCEPT A DEED OF GIFT FOR
TWO LOTS IN THE LAKE ARROWHEAD SUBDIVISION

WHEREAS, Virginia Hawkins Finnegan desires to convey by Deed of Gift Parcels 8B-G-18 and 8B-G-19 in the Lake Arrowhead Subdivision; and

WHEREAS, the Board desires to accept these two lots; and

WHEREAS, Section 15.2-1803 of the Code of Virginia (1950), as amended, requires that all deeds of interest in real estate conveyed to the County be accepted by the Board by resolution and executed by the County Administrator to evidence such acceptance;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of January, 2006, that the Board hereby accepts the conveyance of said Deed of Gift from Virginia Hawkins Finnegan for Parcels 8B-G-18 and 8B-G-19 in the Lake Arrowhead Subdivision; and

BE IT FURTHER RESOLVED that the County Administrator be and he hereby is authorized to execute said Deed of Gift for the purpose of evidencing the Board’s acceptance of the Deed and its conveyance as approved as to form by the County Attorney.

Recess. At 10:35 P. M., the Chairman declared the meeting adjourned to Thursday, January 26th at 5:00 P.M.



__________________________________ ______________________________
Steve Crosby Robert C. Gibbons
County Administrator Chairman




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