MINUTES

Regular Meeting
July 18, 2006

Call to Order. A regular meeting of the Stafford County Board of Supervisors was called to order by Robert C. Gibbons, at 1:05 P. M., Tuesday, July 18, 2006, in the Board Chambers, Stafford County Administration Center.

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

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

Presentation by the Public. The following persons spoke on topics as identified:

Andrew Rupprecht - Sewer odor control chemical.
Gary Pash - Freedom of Information Act.
Cecelia Kirkman - Commented on Item 10 on the Regular Agenda – Central Stafford Commerce Center.
Lou Silver - Commented on Items 8 (Patawomeck Park), 10 (Big Spring Lane), and 11 (VRE Parking Expansion) on the Regular Agenda.
- Historical markers.
- Roads in George Washington District.

Legislative; Presentation by Bob Hunt, Treasurer of Board of Directors of S. E. R. V. E, Inc. Mr. Bob Hunt, Treasurer of Board of Directors of S. E. R. V. E. Inc. gave a presentation and responded to Board members questions.

Legislative; Presentations and Committee Reports by Board Members. Board members spoke on topics as identified:

Mr. Dudenhefer - RADCO and FAMPO.
- Rappahannock Regional Jail Authority Board.
- Base Realignment and Closure.
- Attended Civilian-Military Relations Council Meeting.
- Freedom of Information Act.

Mr. Fields - Attended Rappahannock River Basin Commission
Meeting.
- Affordable housing.
- Death of Brother-in-Law.

Mr. Milde - Potomac and Rappahannock Transportation
Commission and Virginia Railway Express.
- Museum Committee.
- Protection of our natural resources.
- Comprehensive Plan Steering Committee.
- TDR Legislation.
- Brooke Post Office.
- Arrival of Godspeed ship.
- Attended annual awards banquet of Brooke Fire Department.

Mr. Schwartz - Conway House.
- Attended England Run Homeowners Association.
- Comprehensive Plan revisions.
- Stafford Regional Airport Authority.
- Attended Falls Run Homeowners Association.
- Civilian-Military Community Relations Council.
- Attended 20th Annual Employee Service Awards Program.
- Fredericksburg Area Metropolitan Planning Organization.
- Freedom of Information Act.

Mr. Brito - Death of teenager on Warrenton Road.
- Attended Comprehensive Plan Committee Meeting.
- Attended Ribbon cutting of vocational house project.
- Attended Colonial Forge High School graduation program.
- Attended Moncure/Conway House tea.
- Freedom Day.
- Attended meeting of concerned citizens on Mt. Olive Road concerned regarding the Crucible.
- Attended Agricultural Commission meeting.
- Attended strategic plan classes.
- Attended homeowners association meeting of Seven Lakes and Christy Estates.

Mr. Gibbons - Commented on Mr. Dudenhefer who was selected as chairman of the Stafford Base Realignment and Closure committee.
- Proposed speed bumps at the Porter Library.
- Rappahannock Area Development Commission membership.
- Weldon Cooper Center.
- Loss of life on the Rappahannock River.

Legislative; Report of the County Attorney. Mr. Joseph L. Howard, County Attorney, commented on the following:

- Added an item to Closed Meeting: Acquisition of property.
- Introduced Steve Judy, the new Deputy County Attorney and Cathy Eckles, the new paralegal.

Legislative; Report of the County Administrator. Mr. Steve Crosby, County Administrator, commented on the following:

- Retirement of Rodger Neve.
- Presented Anthony Romanello, Deputy County Administrator with an award from Virginia Local Government Managers Association for Outstanding Assistant.
- Received the notice to proceed on the Courthouse Road fire station.
- Proposed Berea fire station groundbreaking scheduled for September.
- Public Safety Building groundbreaking today.
- Addition to the Regular Agenda:
29. Discuss Capital Improvement Program and Bond Issues.

Legislative; Consent Agenda. Mr. Cavalier motioned, seconded by Mr. Fields, to adopt the Consent Agenda consisting of Items 1 thru 8A, omitting items 4, 7 and 8.

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

Item 1. Legislative; Approve Minutes of Board Meeting. Regular Meeting of June 6, 2006 and Regular Meeting of June 20, 2006.

Item 2. Finance; Approve Expenditure Listings.

Resolution R06-314 reads as follows:

A RESOLUTION TO APPROVE EXPENDITURE LISTING
(EL) DATED JUNE 20, 2006 THROUGH JULY 17, 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 18th day of July, 2006, that the above-mentioned EL be and it hereby is approved.

Item 3. Utilities; Execute an Agreement with the Virginia Department of Transportation for Adjustment of Water and Sewer Facilities.

Resolution R06-313 reads as follows:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO EXECUTE AN AGREEMENT WITH THE VIRGINIA DEPARTMENT
OF TRANSPORTATION GOVERNING RELOCATION OF WATER
AND SEWER UTILITIES ON SR-610, GARRISONVILLE ROAD

WHEREAS, the Virginia Department of Transportation (VDOT) will construct improvements on SR-610, Garrisonville Road; and

WHEREAS, certain water and sanitary sewer adjustments are necessary for the project; and

WHEREAS, the County desires the construction of certain improvements to the water and sewer facilities which are considered betterments, estimated at $366,955 or 54.1% of the total project; and

WHEREAS, it is necessary for VDOT and the County to enter into an agreement regarding the water and sanitary sewer facilities adjustments;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of July, 2006, that the County Administrator be and he hereby is authorized to execute an agreement with the Virginia Department of Transportation for the adjustment of water and sanitary sewer facilities in an amount not to exceed 54.1% of the actual bid price for the adjustment of water and sanitary sewer facilities.

Item 5. Utilities; Authorize Contract Amendment for Sludge Management Services

Resolution R06-311 reads as follows:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO EXECUTE A CONTRACT AMENDMENT FOR BIOSOLIDS MANAGEMENT SERVICES

WHEREAS, by adopted Resolution R02-269, the Board authorized a contract for biosolids management services for the Department of Utilities; and

WHEREAS, the contract provides for an initial contract period of three (3) years and up to six (6) additional one-year extensions; and

WHEREAS, a contract amendment is needed to extend the contract through June 30, 2007; and

WHEREAS, funds have been appropriated in the FY2007 budget for this purpose;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of July, 2006, that the County Administrator be and he hereby is authorized to execute a contract amendment with Synagro Mid-Atlantic, Inc. for biosolids management services with a FY2007 expenditure not-to-exceed $364,461 (Three Hundred Sixty-four Thousand Four Hundred Sixty-one Dollars).

Item 6. Public Services; Petition VDOT to Include Lyons Boulevard with England Run Subdivision into the Secondary System of State Highways

Resolution R06-309 reads as follows:

A RESOLUTION WHICH PETITIONS THE VIRGINIA DEPARTMENT
OF TRANSPORTATION TO INCLUDE LYONS BOULEVARD, WITHIN ENGLAND RUN SUBDIVISION, INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS

WHEREAS, the Board, pursuant to Section 33.1-229 of the Code of Virginia (1950), as amended, desires to add Lyons Boulevard, within England Run Subdivision, in the Secondary System of State Highways; 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 18th day of July, 2006, that VDOT be and it hereby is petitioned to include the following street into the Secondary System of State Highways:

Street Station Length
Lyons Boulevard Fr: 0.03 Mi N Inter. Crimson Way 0.29 Miles
To: Inter. Truslow Road 56'-80’ ROW

An unrestricted right-of-way (ROW), as indicated above, for the street with necessary easements for cuts, fills and drainage is guaranteed, as evidenced by Plat of Record entitled England Run Subdivision, Instrument Numbers 010027697, 010027698 and 010027699, recorded January 6, 2001; and

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the developer and the Residency Administrator of Virginia Department of Transportation.

Item 8A. Legislative; Appoint Members to Boards, Authorities, Commissions and Committees

Resolution R06-341 reads as follows:

A RESOLUTION TO APPOINT A MEMBER TO THE RAPPAHANNOCK AREA AGENCY ON AGING (BOARD OF DIRECTORS)

WHEREAS, Section 2.1-373 (7) of the Code of Virginia (1950), as amended, authorizes the Board to appoint members to serve on the Rappahannock Area Agency on Aging (Board of Directors); and

WHEREAS, the Board has previously appointed the following:

NAME EXPIRATION

George Schwartz December 31, 2006
(Board of Supervisors)

VACANT
(Member-At-Large)

WHEREAS, a vacancy exists for a Member-At-Large position; and

WHEREAS, the term of appointment is one year; and

WHEREAS, the Board desires to fill this vacancy;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of July, 2006, that

NAME EXPIRATION
Sol Herman December 31, 2006
(Member-At-Large)

be and he hereby is appointed to the Rappahannock Area Agency on Aging (Board of Directors).

Utilities; Authorize Contract Amendment for Water and Sewer Maintenance and Construction Services for FY2007. Mr. Milde commented.

Mr. Milde motioned, seconded by Mr. Schwartz, to adopt proposed Resolution R06-312.

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

Resolution R06-312 reads as follows:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO EXECUTE A CONTRACT AMENDMENT FOR WATER AND
SEWER MAINTENANCE AND CONSTRUCTION SERVICES

WHEREAS, by adoption of Resolution R02-270, the Board authorized contracts for water and sewer maintenance and construction services for the Department of Utilities; and

WHEREAS, the contracts provided for up to four (4) additional one-year renewals; and

WHEREAS, a contract amendment is needed to extend one of the contracts through June 30, 2007; and

WHEREAS, funds have been appropriated in the FY2007 Field Operations and Capital Improvement Projects budgets for this purpose;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of July, 2006, that the County Administrator be and he hereby is authorized to execute a contract amendment with Kruckenberg Service Company for water and sewer maintenance and construction services with an estimated FY2007 expenditure not to exceed $250,000.

Legislative; Ratify Lease with Widewater Volunteer Fire and Rescue Services, Inc. Mr. Gibbons motioned, seconded by Mr. Cavalier, to add this item to the Closed Meeting Agenda.

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

Parks and Recreation; Allocate Funds for Park Development at Patawomeck Park.
Mr. Brito commented.

Mr. Brito motioned, seconded by Mr. Fields, to adopt proposed Resolution R06-331 with a change.

Discussion ensued.

Mr. Cavalier made a substitute motion, seconded by Mr. Dudenhefer, to adopt proposed Resolution R06-331.

Discussion further ensued.

Mr. Cavalier motioned, seconded by Mr. Fields, to Call the Question.

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

The Voting Board tally on the substitute motion was:
Yea: (6) Schwartz, Cavalier, Dudenhefer, Fields, Gibbons, Milde
Nay: (1) Brito

Resolution R06-331 reads as follows:

A RESOLUTION TO ALLOCATE THE REMAINING UNCOMMITTED
2001 PARKS AND RECREATION BOND FUNDS TO PHASE I CONSTRUCTION FOR PATAWOMECK PARK

WHEREAS, the construction of Patawomeck Park was one of the original bond projects and bond funds are available for this project; and

WHEREAS, additional funds are needed to offset construction costs estimated for Phase I development of this project; and

WHEREAS, the Parks and Recreation Advisory Commission endorsed utilizing all remaining uncommitted 2001 Bond funds for Phase I construction costs at Patawomeck Park;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of July, 2006, that the Board be and it hereby does allocate the remaining uncommitted 2001 Parks and Recreation Bond Funds to Phase I construction for Patawomeck Park in the amount of Eight Hundred Ninety Thousand Dollars ($890,000).

Planning; Consider a Conditional Use Permit at 690 Warrenton Road. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.

Mr. Schwartz motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution R06-267 to deny.

Discussion ensued.

Mr. Milde made a substitute motion to adopt proposed Resolution R06-266 to approve.

Discussion further ensued.

Mr. Milde withdrew the motion.

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

Resolution R06-267 reads as follows:

A RESOLUTION TO DENY A CONDITIONAL USE PERMIT
PURSUANT TO APPLICATION CUP2600227 TO ALLOW A DRIVE THROUGH FACILITY IN AN HC, HIGHWAY CORRIDOR, OVERLAY ZONING DISTRICT, ON A 0.52 ACRE PORTION OF ASSESSOR’S PARCEL 44-120H, FALMOUTH ELECTION DISTRICT

WHEREAS, DVDs on the Run Stores, Inc., applicant, has submitted application RC2600227 requesting a Conditional Use Permit to allow a drive-through facility 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 proposed site is not an appropriate location for a drive through use; and

WHEREAS, the Board finds that the proposed drive-through use is not consistent with the public health, safety and welfare and sound zoning principles;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of July, 2006, that a Conditional Use Permit pursuant to application RC2600227 be and it hereby is denied.

Planning; Consider Rezoning 80.70 Acres from A-1 to M-1 at 100 Big Spring Lane.
Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.

Mr. Milde motioned, seconded by Mr. Cavalier, to adopt proposed Ordinance O06-44.

Discussion ensued.

Mr. Fields made a substitute motion, seconded by Mr. Dudenhefer to defer this item.

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

Legislative; Discuss VRE Parking Expansion at Brooke and Leeland. Mr. Fulton deLamorton, Senior Engineer, gave a presentation.

Mr. Schwartz motioned, seconded by Mr. Fields, to adopt proposed Resolution R06-327.

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

Resolution R06-327 reads as follows:

A RESOLUTION TO REQUEST THE COUNTY ADMINISTRATOR
PROCEED TO RESTRIPE VIRGINIA RAILWAY EXPRESS
(VRE) BROOKE STATION PARKING FACILITY AND CONSTRUCT
A NEW SURFACE PARKING FACILITY TO THE WEST OF THE CURRENT LEELAND ROAD STATION PARKING FACILITY WITH CONGESTION MITIGATION & AIR QUALITY (CMAQ) FUNDS

WHEREAS, the Board has previously indicated its desire to expand Virginia Railway Express (VRE) parking facilities at both the Brooke and Leeland Road Stations; and

WHEREAS, VRE and the County have previously executed a parking feasibility study for these two stations; and

WHEREAS, the parking feasibility study recommended several options for expansion of parking facilities at both stations; and

WHEREAS, VRE and County staff have reviewed the study’s options and formulated recommendations; and

WHEREAS, staff recommends the restriping of the Brooke Station parking facility to change the angular parking to perpendicular parking; and

WHEREAS, staff recommends the construction of a new surface parking facility at the Leeland Road Station to be located to the west of the current parking facility; and
WHEREAS, the construction of both of these projects will qualify for the use of CMAQ funds; and

WHEREAS, there should be no cost incurred by the County to construct these projects;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of July, 2006, that the County Administrator be and he hereby is requested to proceed to take all necessary steps to restripe the Brooke Station parking facility and the construction of a new surface parking facility at Leeland Road Station.

Legislative; Presentation on Procurement (P) Cards. Ms. Shelley Carmichael, Assistant Director of Finance, gave a presentation.

Mr. Dudenhefer motioned, seconded by Mr. Cavalier, to adopt proposed Resolution
R06-286.

Discussion ensued.

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

Resolution R06-286 reads as follows:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO EXECUTE CONTRACTS FOR PROCUREMENT CARD (P-CARD) SERVICES

WHEREAS, the County desires to improve its operating efficiency; and

WHEREAS, JPMorgan Chase Bank has submitted a proposal to the County for Procurement Card (P-Card) services; and

WHEREAS, there is a Procurement Card Tracking Application available through the County financial software vendor, Sungard HTE, Inc;

WHEREAS, small dollar purchases will be in accordance with the limits authorized by the County purchasing ordinance;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of July, 2006, that the County Administrator be and he hereby is authorized to:

Execute a contract with JPMorgan Chase Bank for Procurement Card Services; and
Execute a contract with SunGard HTE, Inc. for a Procurement Card Tracking Application.

Recess. At 3:17 P. M. the Chairman declared a recess.

Call to Order. At 3:30 P. M. the Chairman called the meeting back to order.

Utilities; Consider the Use of a Low Pressure Sewer System on Tax Map 20, Parcel 64.
Mr. Robert E. Bos, Public Utilities Administrator, gave a presentation.

Mr. Cavalier motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution
R06-324.

Discussion ensued.

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

Resolution R06-324 reads as follows:

A RESOLUTION TO ALLOW THE USE OF A LOW-PRESSURE
SEWER SYSTEM FOR TAX MAP 20, PARCEL 64

WHEREAS, Resolution R90-434 (R-2) limits the use of low-pressure sewer systems for new residential subdivisions to those specifically determined by the Board to be in the best interest of the County; and

WHEREAS, the Planning Commission approved the extension of public sewer for these lots outside of the Urban Service Area; and

WHEREAS, the County desires to avoid the construction of sewage pumping stations not shown on the Master Plan; and

WHEREAS, there is no alternative gravity sewer systems for this project;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of July, 2006, that use of a low-pressure sanitary sewer system with grinder pumps be permitted on tax map 20, parcel 64; and

BE IT FURTHER RESOLVED that the developer shall comply with the following requirements:

Ensure that the subdivision plat and deeds to each property contain a clause that the property owner shall be required to maintain a contract with a qualified repair firm for maintenance and repair of the grinder pump should it fail.

Install each grinder pump outside of the house.

Provide a backup power source for each grinder pump.

Provide a manual transfer switch for each grinder located outside of the house.

By consensus of the Board, it was requested the issue of protection of Smith Lake Reservoir from sewer services be sent to the Planning Commission for the Comprehensive Plan.

Utilities; Consider Pump and Haul Services at 65 Toluca Road. Mr. Robert E. Bos, Public Utilities Administrator, gave a presentation.

Mr. Gibbons motioned, seconded by Mr. Milde, to adopt proposed Resolution R06-316.

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

Resolution R06-316 reads as follows:

A RESOLUTION TO APPROVE A PUMP AND HAUL AGREEMENT
WITH THE VIRGINIA DEPARTMENT OF HEALTH FOR TEMPORARY
CLASSROOM TRAILERS AT MOUNT ARARAT BAPTIST CHURCH,
65 TOLUCA ROAD

WHEREAS, it is necessary to provide pump and haul services for sewage storage facilities; and

WHEREAS, the county has an Agreement and General Permit with the State Health Department for pump and haul services; and

WHEREAS, pump and haul services are required for temporary classroom trailers at Mount Ararat Baptist Church at 65 Toluca Road; and

WHEREAS, it is necessary for the county to add new locations to the General Permit Agreement with the Virginia Department of Health;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of July, 2006, that the County Administrator be and he hereby is authorized to add temporary classroom trailers at 65 Toluca Road to the agreement with the Virginia Department of Health; and

BE IT FURTHER RESOLVED that these services will be discontinued and removed from the agreement with the Virginia Department of Health when use of the temporary classrooms is discontinued; and

BE IT STILL FURTHER RESOLVED that Stafford County bears no financial obligation and the anticipated occupant will bear all costs associated with pump and haul services.

Legislative; Discuss the Clean Community Commission. Hearing no objections from the Board, this item was deferred to the August 1, 2006 meeting.

Legislative; Discuss Implementation of a Transfer of Development Rights. Hearing no objections from the Board, this item will be discussed in conjunction with the purchase of
development rights.

Legislative; Presentation on Report on Transit Funding. Mr. Patrick W. Reilly, Esq., outside legal counsel for Stafford County, and Lloyd Robinson, Fredericksburg Area Metropolitan Planning Organization Administrator, gave a presentation and responded to Board members questions.

Mr. Rick Canizales, transportation planner from Prince William County and Al Harf, Executive Director of the Potomac and Rappahannock Transportation Commission, commented further.

Legislative; School Funding in FY2008: Dr. Andre’ Nourgaret, Assistant Superintendent of Support Services, gave a presentation.

Mr. Cavalier motioned, seconded by Mr. Fields, to approve the building of one school in FY2008.

Discussion ensued.

Mr. Brito made a substitute motion, seconded by Mr. Fields, to approve building two schools in FY2008.

Discussion further ensued.

The Voting Board tally on the substitute motion was:
Yea: (3) Fields, Brito, Cavalier
Nay: (4) Gibbons, Milde, Schwartz, Dudenhefer

The Voting Board tally on the original motion was:
Yea: (3) Gibbons, Schwartz, Cavalier
Nay: (4) Dudenhefer, Fields, Milde, Brito

Mr. Fields motioned, seconded by Mr. Cavalier, to reconsider the authorization to build one school in FY2008.

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

Mr. Cavalier motioned, seconded by Mr. Fields, to authorize the building of one school in FY2008.

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

Recess. At 5:03 P.M., the Chairman declared a recess to attend the Public Safety Building groundbreaking..

Call to Order. At 5:39 P. M. the Chairman called the meeting back to order.

Legislative; Closed Meeting. At 5:40 P.M., Mr. Cavalier motioned, seconded by Mr. Fields, to adopt CM06-25.

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

Resolution CM06-25 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 two matters: Crucible, Inc. v. Board of Zoning Appeals and Stafford Lakes Limited Partnership v. Planning Commission of Stafford County, Virginia and the Board of Supervisors of Stafford County, Virginia, and the acquisition of real property for public purpose in regard to three matters: Crow’s Nest Condemnation, the Widewater Fire Department and Brooke VRE Rail Station; 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,
on this the 18th day of July, 2006 does hereby authorize discussions of the aforestated matters in Closed Meeting.

Call to Order. At 6:25 P.M., the Chairman called the meeting back to order.

Legislative; Closed Meeting Certification. At 6:26 P.M., Mr. Cavalier motioned, seconded by Mr. Fields, to adopt proposed CM06-25a.

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

Resolution CM06-25a reads as follows:

A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD
COUNTY BOARD OF SUPERVISORS IN A CLOSED MEETING ON
JULY 18, 2006

WHEREAS, the Board has, on this the 18th day of July, 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 18th day of July 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 6:27 P.M., the Chairman declared a recess until 7:00 P.M.

Call to Order. At 7:05 P.M., the Chairman called the meeting back to order.

Legislative; Regular Agenda Deletions. Hearing no objections from the Board, the Chairman stated that the presentations on the Economic Development Strategic Plan and R-Board Activities were deleted from the Regular Agenda.

Invocation. Mr. Fields gave the Invocation with a moment of silence for the death of Randy Knowles.

Pledge of Allegiance. Mr. Milde led in the recitation of the Pledge of Allegiance to the Flag of the United States of America.

Legislative; Presentations by the Public-II. The following persons spoke on topics as identified:
Christine Delewinski - Eastern View subdivision.
Gary Pash - Naming of I-95 bridge over the Rappahannock River.
Manuel Matthew - Naming of I-95 bridge over the Rappahannock River.
Kay Dudenhefer - Road safety; bond referendum.
Sandra West - Beautification Committee.
Eric Martin - DVDs on the Run.
Richard Nehrboss - DVDs on the Run.
Gary Anderson - Water conservation.

Planning; Consider a Conditional Use Permit at 75 Den Rich Road. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.

The Chairman opened a public hearing.
The following person spoke:
Gregory Tulley, on behalf of the Applicant
The Chairman closed the public hearing.

Mr. Cavalier motioned, seconded by Mr. Schwartz, to adopt proposed Resolution
R06-306.

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

Resolution R06-306 reads as follows:

A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT,
PURSUANT TO APPLICATION CUP2600310, TO ALLOW A
Communications Facility in an A-1, Agricultural,
Zoning District ON ASSESSOR’S PARCEL 22-19L,
GRIFFIS-WIDEWATER ELECTION DISTRICT

WHEREAS, Nextel Communication of the Mid-Atlantic, applicant, has submitted application CUP2600310 requesting a Conditional Use Permit to allow a communications facility in an A-1, Agricultural, 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 A-1, Agricultural, 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 18th day of July, 2006, that a Conditional Use Permit, pursuant to application CUP2600310, be and it hereby is approved with the following conditions:

1. This Conditional Use Permit is for a communication facility to be located on a 1.31 acre portion of Assessor’s Parcel 22-19L.

2. There shall be only one (1) telecommunication tower permitted on the property. The telecommunication tower shall be self-supporting (monopole) type construction within an existing Virginia Dominion Electric Company transmission tower. The maximum height of the telecommunication tower shall be 155 feet and a lightning rod or other appurtenance shall not extend more than five (5) feet above the top of the telecommunication tower.

3. There shall be no lights or signs on the telecommunication tower.

4. Low Profile Design methods for the antennas shall be incorporated.

5. Once the equipment is determined to be obsolete, written notice shall be sent to the County Administrator specifying discontinuance of the use of the telecommunication tower. Within twelve (12) months of cessation of use of the telecommunication tower, the equipment and the tower shall be removed by the applicant. Prior to site plan approval, the applicant shall enter into a performance agreement with Stafford County for removal of the communication facility.

6. Prior to site plan approval, the applicant shall submit and obtain approval of an engineer’s cost estimate, post a letter of credit or other security acceptable to Stafford County for one hundred twenty five (125) percent of the cost of removal of the communication facility.

7. There shall be no habitable structures located within the lease area for the communication facility.

8. All cables connecting the equipment and the telecommunication tower shall be buried as shown on the Structural Detail sheet, C04, of the Site Plan prepared by Clough Harbour and Associates, dated 2/16/06.

9. The applicant shall screen the compound view of Den Rich Road and adjacent properties with a vinyl, low maintenance, privacy fence, at least eight (8) feet tall.

10. Prior to issuance of a final zoning permit for the communication facility, the applicant shall provide to the county copies of a certified as-built survey for the telecommunication tower. The as-built survey shall identify the mean surface elevation for the base of the telecommunication tower as well as the top of the telecommunication tower, to include any lightning rod or similar appurtenances.

11. In the event the county desires to locate its communication equipment on the telecommunication tower, the applicant shall provide adequate space on the telecommunication tower for a period of thirty (30) years at no cost to the county. The parties shall mutually agree to the location of the antennas and equipment on the communication facility.

12. The telecommunication tower shall not be constructed until a lease from a communication provider has been secured.

13. Any frequencies or signals emitted by equipment associated with the telecommunication tower shall not interfere with or be incompatible with communication frequencies associated with the Stafford County Sheriff’s Office E911 system, Stafford Regional Airport, Marine Corps Combat Development Command, Quantico or any other communication facility associated with a state or federal government agency.

14. If building permits are not obtained within five (5) years from the date of approval, this conditional use permit shall expire.

15. This conditional use permit may be revoked or conditions may be amended by the Board for violations of these conditions or any applicable county, state or federal codes.

Planning; Consider a Conditional Use Permit at 3004 Jefferson Davis Highway. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.

The Chairman opened a public hearing.
The following person spoke:
John McBride, Applicant
The Chairman closed the public hearing.

Mr. Milde motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution
R06-320 with a change.

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

Resolution R06-320 reads as follows:

A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT, PURSUANT TO APPLICATION CUP2600132, TO ALLOW FUEL
SALES in a B-2, Urban Commercial Zoning District on Assessor's Parcel 21-51A, AQUIA ELECTION DISTRICT

WHEREAS, 7-Eleven, Inc., applicant, has submitted application CUP2600132 requesting a Conditional Use Permit to allow fuel sales in a B-2, Urban Commercial 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 a B-2, Urban Commercial, Zoning 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 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 18th day of July, 2006, that a Conditional Use Permit, pursuant to application CUP2600132, be and it hereby is approved with the following conditions:

1. This Conditional Use Permit is to allow fuel sales in conjunction with the development of a convenience store within the B-2, Urban Commercial District on Assessor's Parcel 21-51A.

2. The 24 foot inter-parcel connection to the property south of the site shall be dedicated at the time of site plan approval.

3. The convenience store site shall be constructed in accordance with the site development plan prepared by Huron Consulting dated July, 2005 and sealed on April 7, 2006.

4. The store buildings, canopy and other structures shall be constructed in conformance with the approved architectural elevations prepared by URS dated November 23, 2005, and revised on June 29, 2006.

5. The dumpster enclosure shall be generally located as shown on the site development plan, constructed as a brick faced enclosure with wood gates, and screened from public roadways with appropriate landscaping. The landscape design will be approved at Site Plan approval and must conform to Crime Prevention through Environment Design principals.

6. The canopy support columns, and dumpster enclosure shall be brick faced with
brick matching the store building.

7. No pay phones shall be attached to the store building. Any pay phones provided shall be set at the edge of the paved parking area in accordance with Crime Prevention through Environmental Design principals.

8. A photometric lighting plan shall be submitted in accordance with Crime Prevention through Environment Design principals and approved by the Planning Department as part of the Site Plan.

9. Access shall be limited to a right in only from Jefferson Davis Highway, and a full access drive to be provided in conjunction with the construction of Coachman Circle subject to VDOT approval.

10. There shall be no general advertising signs.

11. All stormwater management facilities shall be designed with oil/water separators to prevent hydrocarbons from exiting stormwater discharge from the site.

12. This Conditional Use Permit may be revoked or conditions amended by the Board for violation of these conditions or any applicable county, state or federal law.

Planning; Consider Rezoning 372.85 Acres from A-1, Agricultural to R-1, Suburban Residential at 134 Den Rich Road for Brentsmill, LLC. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.

The Chairman opened a public hearing.
The following persons spoke:
Clark Leming, on behalf of the Applicant
Carl Wohletz
David Young
Rick Stevens
Nan Rollinson
Cecelia Kirkman
The Chairman closed the public hearing.

Mr. Cavalier motioned, seconded by Mr. Dudenhefer, to defer proposed Ordinance
O06-61.

Discussion ensued.

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

Planning; Consider Rezoning From A-1 to B-2 11.87 Acres at 902 Garrisonville Road.
Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.

The Chairman opened a public hearing.
The following persons spoke:
Clark Leming, on behalf of the Applicant
June Ritter
Floyd Ritter
Shahram Fard
Bill Hallahan
Alan Kraft
Jeffrey Jones
Michael Bush
Bonnie Carlson-Vance
Esther Terry
David Couch
Ray Terril
Clark Leming
George Morgan, Applicant
The Chairman closed the public hearing.

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

The Voting Board tally was:
Yea: (4) Gibbons, Brito, Cavalier, Fields
Nay: (3) Milde, Schwartz, Dudenhefer

Planning; Consider Amending Proffered Conditions at 14 Cedar Grove Road for Westlake Development, LLC. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.

The Chairman opened a public hearing.
The following persons spoke:
Clark Leming, on behalf of the Applicant
James Way
James Johnson
Clark Leming
The Chairman closed the public hearing.

Mr. Brito motioned, seconded by Mr. Fields, to defer this item to the September 5, 2006 Board meeting.

Discussion ensued.

Mr. Milde made a substitute motion, seconded by Mr. Dudenhefer, to adopt proposed Ordinance O06-67.

The Voting Board tally was:
Yea: (3) Cavalier, Dudenhefer, Milde
Nay: (4) Schwartz, Brito, Fields, Gibbons

The Voting Board tally on the original motion was:
Yea: (4) Schwartz, Brito, Fields, Gibbons
Nay: (3) Milde, Cavalier, Dudenhefer

Administration; Consider Declaration of Surplus and Sale of 1091.8 Square Feet of County-Owned Property Located Along 1326 Courthouse Road. Mr. Anthony Romanello, Deputy County Administrator, gave a presentation.

The Chairman opened a public hearing.
No one desired to speak.
The Chairman closed the public hearing.

Mr. Milde motioned, seconded by Mr. Brito, to adopt proposed Resolution R06-299 with a change.

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

Resolution R06-299 reads as follows:

A RESOLUTION TO DECLARE SURPLUS AND SALE OF
1091.8 SQUARE FEET OF COUNTY-OWNED PROPERTY
LOCATED ALONG 1326 COURTHOUSE ROAD

WHEREAS, the County purchased property formerly known as the Virginia Boat Storage Center on the south side of Courthouse Road just east of Jefferson Davis Highway; and

WHEREAS, John Mullins, on behalf of Covenant Funeral Services, has requested to purchase 1,091.8 square feet off this parcel to facilitate construction of a commercial entrance to a proposed funeral home; and

WHEREAS, it has been determined that that the sale of this property does no harm to potential future use of the County’s land; and

WHEREAS, the Board has carefully considered the recommendation of staff and the testimony at the public hearing;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of July, 2006, that the Board be and it hereby does declare 1,091.8 square feet of County-owned property located along 1326 Courthouse Road (SR-630) to be surplus; and

BE IT FURTHER RESOLVED that the County Administrator be and he hereby is authorized to sell 1,091.8 square feet of County-owned property located along 1326 Courthouse Road to John and Barbara Mullins for the sum of $5,263; and

BE IT STILL FURTHER RESOLVED that the funds shall be designated for the future purchase of development rights.

Utilities; Consider Eminent Domain to Obtain a Water Line Easement at 642 Mountain View Road. Mr. Joseph Howard, County Attorney, gave a presentation.

The Chairman opened a public hearing.
No one desired to speak.
The Chairman closed the public hearing.

Mr. Brito motioned, seconded by Mr. Milde, to defer this item to allow an additional 30 days to attempt to negotiate and return to the Board.

Discussion ensued.

Mr. Milde made a substitute motion, seconded by Mr. Dudenhefer, to adopt proposed Resolution R06-326 with the understanding that an additional 30 days will be given before any action is taken.

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

Resolution R06-326 reads as follows:

A RESOLUTION WHICH AUTHORIZES CONDEMNATION AND
EXERCISE OF QUICK-TAKE POWERS TO ACQUIRE A WATERLINE EASEMENT FROM DONALD L. THOMAS, LOCATED AT 642 MOUNTAIN VIEW ROAD, ON TAX PARCEL 37-75, IN CONNECTION WITH THE MOUNTAIN VIEW ROAD WATER MAIN CONNECTION PROJECT

WHEREAS, Stafford County has constructed a water main along Centerport Parkway between Ramoth Church Road and Mountain View Road; and

WHEREAS, an additional water main has been designed to connect this Centerport water main to an existing water main on Mountain View Road; and

WHEREAS, the design for the construction of the connection between the Centerport water main and the Mountain View Road water main requires a waterline easement across 642 Mountain View Road, tax parcel 37-75, consisting of 16,272 square feet, owned by Donald L. Thomas, as shown on a plat entitled “20’ Permanent Waterline Easement Across the Property of Donald L. Thomas (tax parcel 37-75)”, dated September 2, 2004, prepared by the Timmons Group, located in the Hartwood District of Stafford County; and

WHEREAS, the County has offered $6,670.00 for the waterline easement necessary from 642 Mountain View Road, which will be deposited with the Circuit Court upon filing a Certificate of Taking; and

WHEREAS, County staff has been unsuccessful in negotiating a final settlement with Donald L. Thomas but will continue to attempt to work with Donald L. Thomas as the owner of the property to reach an acceptable settlement; and

WHEREAS, the Stafford County Board of Supervisors has conducted a public hearing on July 18, 2006, in accordance with Sections 15.2-1901(A) and 15.2-1905(B), Virginia Code Ann., to determine the necessity for condemnation and for the use of the County’s quick-take powers;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of July, 2006, that the Board be and it hereby does find that public necessity exists for the condemnation of the involved property interests of the Thomas property for the construction of the Mountain View Road water main connection project and for the immediate exercise of its quick-take powers to enter upon and take prior to condemnation to immediately acquire approximately 16,272 square feet of land for a permanent waterline easement from the property owned by Donald L. Thomas, located at 642 Mountain View Road, tax parcel 37-75, as shown on a plat entitled “20’ Permanent Waterline Easement Across the Property of Donald L. Thomas (tax parcel 37-75)”, dated September 2, 2004, prepared by the Timmons Group, and does hereby determine that the appropriate compensation for the said waterline easement from 642 Mountain View Road, tax parcel 37-75, is the appraised fair market value of $6,670.00; and

BE IT FURTHER RESOLVED that the Stafford County Board of Supervisors be it and hereby does authorize the County Attorney to file a Certificate of Taking in the land records of Stafford County and to pay into the Stafford County Circuit Court the full fair market value of said property interest, and to proceed with condemnation of the aforesaid property for the Mountain View Road water main connection project by quick-take condemnation or otherwise as provided by law; and

BE IT STILL FURTHER RESOLVED that the Stafford County Board of Supervisors does hereby authorize the County Administrator and Director of Finance, or their designees, to sign the Certificate of Taking necessary for filing in Court and to disburse the appraised fair market value of $6,670.00 (Six Thousand Six Hundred Seventy Dollars) by depositing said amount in Court in connection with the quick-take condemnation process on behalf of Stafford County Board of Supervisors in accordance with law.

Utilities; Amend Water and Sewer Fees. The County Administrator gave a presentation.

The Chairman opened a public hearing.
No one desired to speak.
The Chairman closed the public hearing.

Mr. Fields motioned, seconded by Mr. Schwartz, to adopt proposed Ordinance O06-55.

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

Ordinance O06-55 reads as follows:

AN ORDINANCE TO AMEND AND READOPT THE FEES FOR PROVIDING PUBLIC WATER AND SEWER SERVICE

WHEREAS, the Board is authorized to set reasonable fees and charges for public water and sewer service; and

WHEREAS, such authority can be found in Sections 15.2-2111, 15.2-2119, and 15.2 2122 of the Code of Virginia (1950), as amended; and

WHEREAS, the Board desires to set the fees for these services commensurate with the services provided by the County, and

WHEREAS, Chapter 25 of the County Code authorizes the establishment of fees; and

WHEREAS, sprinkler systems in large residential properties require the use of a three-quarter inch or larger water meter; and

WHEREAS, a fee for three-quarter inch or larger meter residential service was not previously included in the County’s water and sewer fees; and

WHEREAS, the Board has carefully considered the recommendation of staff
and the testimony at the public hearing;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of July, 2006, that the availability fees for public water and sewer service be amended and are hereby readopted as follows:

Service Water Fees Sewer Fees Code Section

Availability; Individually $5,600.00 $3,500.00 25-27(b)&25-28(b)
Metered residential unit
(limited to 5/8” meter)

Availability; Individually 8,400.00 3,500.00 25-27(b)&25-28(b)
Metered residential unit
(limited to 3/4” meter)

Availability; Individually 14,000.00 3,500.00 25-27(b)&25-28(b)
Metered residential unit
(limited to 1” meter)

Availability; All Other
Size of Meter

5/8 inch 5,600.00 3,500.00
¾ inch 8,400.00 5,250.00
1 inch 14,000.00 8,750.00
1 ½ inch 28,000.00 17,500.00
2 inch 44,800.00 28,000.00
3 inch 89,600.00 56,000.00
4 inch 140,000.00 87,500.00
6 inch 280,000.00 175,000.00

Utilities; Authorize Easements Between Lots 107 and 108 in Eastern View Subdivision. The County Administrator gave a presentation.

The Chairman opened a public hearing.
No one desired to speak.
The Chairman closed the meeting.

Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Resolution R06-303.

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

Resolution R06-303 reads as follows:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO EXECUTE AN AGREEMENT FOR EASEMENTS ON COUNTY PROPERTY IN EASTERN VIEW SUBDIVISION

WHEREAS, the owner of parcel 19-67U has requested easements for water and sewer service lines on County property between lots 107 and 108 in Eastern View Subdivision; and

WHEREAS, such easements can also serve parcel 19-67R; and

WHEREAS, it will be necessary for the Board to execute an Easement Agreement to allow construction of the service lines; and

WHEREAS, the Board has carefully considered the recommendation of staff and the testimony received at the public hearing;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of July, 2006, that the County Administrator be and he hereby is authorized to execute an Easement Agreement for private water and sewer easements on County property between lots 107 and 108 in Eastern View Subdivision.

Planning; Amend the Street Addressing Ordinance to Change the Index of Official Road Names. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.

The Chairman opened a public hearing.
No one desired to speak.
The Chairman closed the public hearing.

Mr. Milde motioned, seconded by Mr. Schwartz, to adopt proposed Ordinance O06-60.

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

Ordinance O06-60 reads as follows:

AN ORDINANCE TO AMEND AND REORDAIN THE STAFFORD
COUNTY ADDRESSING ORDINANCE BY AMENDING THE
INDEX OF OFFICIAL ROAD NAMES TO RENAME A PORTION
OF ONE ROAD IN THE STAFFORD POSTAL AREA

WHEREAS, the Board has established a countywide system for naming all roads and numbering all principal buildings in the county; and

WHEREAS, the Board is authorized by Section 15.2-2019 of the Code of Virginia (1950), as amended, to name roads; and

WHEREAS, the Board has carefully considered the recommendation of the Planning Commission, staff and testimony received at the public hearing;

NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 18th day of July, 2006, that the Addressing Ordinance for Stafford County be and it hereby is amended and reordained by amending the Index of Official Road Names to rename a portion of one road in the Stafford Postal Area as follows:

Location Current Road name New Road Name

North side of No Name Millers Crossing Lane
Montague Loop
1800 feet east of
westernmost intersection
With Eskimo Hill Road

Planning; Consider a Conditional Use Permit at 902 Garrisonville Road. Mr. Gibbons motioned, seconded by Mr. Fields, to defer this item to August 1, 2006 meeting.

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

Legislative; Closed Meeting. At 10:22 P.M., Mr. Fields motioned, seconded by Mr. Cavalier, to adopt CM06-26.

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. Planning Commission of Stafford County, Virginia and the Board of Supervisors of Stafford County, Virginia and the acquisition of real property for public purpose in regard to Widewater Fire Department and Brooke VRE Rail Station; 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,
on this the 18th day of July, 2006 does hereby authorize discussions of the aforestated matters in Closed Meeting.

Call to Order. At 10:44 P.M., the Chairman called the meeting back to order.

Legislative; Closed Meeting Certification. At 10:45 P.M., Mr. Fields motioned, seconded by Mr. Cavalier, to adopt proposed CM06-26a.

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

Resolution CM06-26 reads as follows:

A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD
COUNTY BOARD OF SUPERVISORS IN A CLOSED MEETING ON
JULY 18, 2006

WHEREAS, the Board has, on this the 18th day of July, 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 18th day of July 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; Ratify Lease with Widewater Volunteer Fire and Rescue Services, Inc. Mr. Cavalier motioned, seconded by Mr. Fields, to adopt proposed Resolution R06-332.

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

Resolution R06-332 reads as follows:

A RESOLUTION TO RATIFY THE LEASE WITH WIDEWATER
VOLUNTEER FIRE AND RESCUE SERVICES, INC

WHEREAS, the Widewater Volunteer Fire and Rescue Services, Inc. has decided not to operate out of the Potomac Hills station at 3528 Jefferson Davis Highway; and

WHEREAS, the County desires to use the station and equipment for delivery of fire and rescue services; and

WHEREAS, the Board authorized staff to negotiate a lease for the use of the property and equipment;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of July, 2006, that the lease with Widewater Volunteer Fire and Rescue Services, Inc. executed on July 6, 2006 be and it hereby is ratified.

Legislative; Discuss Capital Improvement Program and Transportation Bonds. Mr. Fulton deLamorton, Senior Engineer, gave a presentation on transportation bond projects and responded to Board members questions.

Mr. Milde motioned to set the transportation bond amount to $126 M to include $6M for unpaved roads.

The motion died for lack of a second to the motion.

Discussion ensued.

Hearing no objections from the Board, staff is to provide additional information at the next Board meeting.

Adjournment. At 11:11 P. M., the Chairman declared the meeting adjourned.

_________________________ _________________________
Steve Crosby Robert C. Gibbons
County Administrator Chairman