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March 21, 2006
BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA MINUTES
Regular -Meeting Call to Order. A regular meeting of the Stafford County Board of Supervisors was called to order by Robert C. Gibbons, Chairman, at 1:00 P. M., Tuesday, March 21, 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: Anthony Romanello, Deputy County Administrator; Joe Howard, County Attorney and Marty Y. Beard, Chief Deputy Clerk. Legislative; Discuss Comprehensive Plan Revisions. Due to technical difficulties in the Board Chambers, a discussion ensued regarding the Work Session on the Comprehensive Plan that is scheduled on April 8, 2006, at 8:00 A.M., in the First Floor Conference Room. Legislative; Work Session on the Bylaws. Mr. Milde gave a presentation from the Bylaws Committee on proposed revisions. Discussion ensued. Hearing no objections from the Board, staff was requested to add this item to the Regular Agenda for the next Board meeting. Legislative; Presentation of Annual Report of Tri-County/City Soil and Water Conservation District by Charles Ivins. Mr. Charles Ivins, District Manager/Conservation Specialist, Tri-County/City Soil and Water Conservation District, gave a presentation on the annual report and responded to Board members questions. Legislative; Closed Meeting Agenda Additions. Mr. Cavalier motioned, seconded by Mr. Fields, to add the following items to the Closed Meeting Agenda:
Acquisition of New Stafford Fire and
Section 2.2-3711 A3
The Voting Board tally was: Legislative; Closed Meeting. At 2:15 P.M., Mr. Dudenhefer motioned, seconded by Mr. Cavalier, to adopt proposed Resolution CM06-12.
The Voting Board tally was: Resolution CM06-12 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 the acquisition of real property for public purpose with regard to the Widewater/Potomac Hills Fire Station and the New Stafford Fire and Rescue Building Project, and legal advice in regard to Rocky Pen Run property acquisitions; and WHEREAS, pursuant to Section 2.2-3711 A3 and A7 VA Code Ann., such discussions may occur in Closed Meeting; NOW, THEREFORE, BE IT RESOLVED on this the 21st day of March 2006, that the Stafford Board of Supervisors does hereby authorize discussions of the aforestated matters in Closed Meeting. Call to Order. At 3:15 P. M. the Chairman called the meeting back to order. Legislative; Closed Meeting Certification. Mr. Fields motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution CM06-12a.
The Voting Board tally was: Resolution CM06-12a reads as follows:
A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD WHEREAS, the Board has, on this the 21st day of March 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 21st day of March 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 Legislative; Direct the County Attorney to Make a Bona Fide Offer to the Owner to Purchase Crow’s Nest Property. Mr. Milde motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution R06-182.
The Voting Board tally was: Resolution R06-182 reads as follows:
A RESOLUTION TO DIRECT THE COUNTY ATTORNEY TO MAKE WHEREAS, the Board is interested in considering the acquisition of the property commonly referred to as Crow’s Nest, for public park purposes, involving Parcels 48-1 and 49-27 on the tax maps of Stafford County; and WHEREAS, the Board has caused to be conducted an examination of title and has caused a formal appraisal of the Crow’s Nest property to be completed; and WHEREAS, it is appropriate at this time to proceed ahead with providing the owner with a copy of the title examination and appraisal and making a formal offer to the owner in the amount of the formal appraisal in a bona fide effort to acquire the Crow’s Nest property for a public park; NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Stafford County, Virginia, on this the 21st day of March, 2006, that the County Attorney be, and he hereby is, directed to provide the owner of Crow’s Nest with a copy of the title examination and appraisal and to make a formal bona fide offer to the owner of the Crow’s Nest property in the amount of the appraised value of the property, and in accordance with all other requirements of Virginia law.
Mr. Fields motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution
The Voting Board tally was: Resolution R06-192 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ATTORNEY TO WHEREAS, Stafford County has been acquiring properties needed for the construction of the Rocky Pen Run Reservoir Project; and WHEREAS, there are approximately twenty (20) properties remaining that need to be acquired to complete the Project; and WHEREAS, the Board has determined that new appraisals are needed because the existing appraisals are approximately two years; and WHEREAS, the Board desires to move forward with the completion of the Rocky Pen Run Reservoir Project NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of March, 2006, that the County Attorney be and he hereby is authorized to hire outside counsel and a new appraiser to acquire the remaining properties for the Rocky Pen Run Reservoir Project. Legislative; Personal Property Tax Relief Act (PPTRA). Mr. Scott Mayausky, Commissioner of the Revenue, gave a presentation and responded to Board members’ questions. Discussion ensued. Legislative; Work Session on FY2007-2012 Six-Year Secondary Road Improvement Program. Mr. Byron Hinton, Chairman of the Transportation Commission, gave a presentation and responded to Board members’ questions. Discussion ensued. Legislative; Work Session on Rocky Pen Run Reservoir. Mr. Robert E. Bos, Public Utilities Administrator; Keith Dayton, Assistant Director of Utilities for Construction and Maintenance; and Nancy Collins, Utilities Financial Manager, gave a presentation and responded to Board members’ questions. Discussion ensued. Recess. At 5:20 P. M the Chairman declared a recess. Call to Order. At 7:00 P. M. the Chairman called the meeting back to order. Invocation. Mr. Dudenhefer gave the Invocation. Pledge of Allegiance. Mr. Schwartz led in the Pledge of Allegiance to the Flag of the United States of America. Presentations by the Public. The following persons spoke on the topics as identified:
Matt Sutton - School budget. Planning; Request for Vacation of the Designation and Restriction of “Green Area” for Leeland Heights, Section 1. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.
The Chairman opened a public hearing. Mr. Schwartz motioned, seconded by Mr. Fields, to adopt proposed Ordinance O06-27. Discussion ensued.
The Voting Board tally was: Ordinance O06-27 reads as follows: AN ORDINANCE TO VACATE THE DESIGNATION AND RESTRICTION OF GREEN AREA ON PARCEL C, ASSESSOR’S PARCEL 54R-1-C LOCATED IN LEELAND HEIGHTS SECTION 1 SUBDIVISION WHEREAS, Parcel C was dedicated as Green Area when Leeland Heights, Section 1 was recorded in Plat Book 6, Page 3 on December 26, 1973; and WHEREAS, the open space parcel is not a requirement of the R-1, Suburban Residential Zoning District of this subdivision; and WHEREAS, no deed or covenant restrictions have been recorded in the Clerk of the Circuit Courts office requiring open space for this subdivision; and WHEREAS, Kevin Wayne Myers is the owner of Parcel C and he and his wife have made application to vacate the Green Area designation and restriction from the subdivision plat; and WHEREAS, the Board has considered the recommendation of Staff and the testimony at the public hearing; and WHEREAS, the Board believes that vacation of the Green Area designation and restriction on Parcel C would be appropriate; and WHEREAS, the Board finds that public necessity, convenience, general welfare or good subdivision practice require adoption of such an ordinance; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 21st day of March, 2006, that the Green Area designation and restriction of Parcel C within Leeland Heights Section 1, be and it hereby is vacated. BE IT FURTHER ORDAINED that a new plat shall be recorded reflecting the above-mentioned vacation and further restricting the property from being subdivided; and BE IT FURTHER ORDAINED that the new plat shall contain a note requiring that the house to be located on the property shall be centrally located on the lot, and the vegetation along the property boundary lines with the adjacent lots shall remain undisturbed buffer. Planning; Amend and Reordain the Zoning Ordinance Regarding Section 28-25, Definition, District Uses and Standards, and Required Parking for Schools. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.
The Chairman opened a public hearing. Mr. Brito motioned, seconded by Mr. Schwartz, to refer proposed Ordinance O06-01 back to the Planning Commission. Discussion ensued. Mr. Brito withdrew the motion. Mr. Schwartz withdrew the second to the motion. Mr. Brito motioned, seconded by Mr. Schwartz, to defer proposed Ordinance O06-01 to a Committee of Mr. Fields and Mr. Brito.
The Voting Board tally on the substitute motion was: Finance; Authorize the Issuance and Sale of Up to $41,700,000 General Obligation School Bonds to be Sold to the Virginia Public School Authority. Mr. Edward Sullivan, Chairman of the Stafford County School Board, gave a presentation. Hearing no objections from the Board, this item was tabled until later in the meeting. Planning; Amend and Reordain the Subdivision Ordinance Regarding Section 22-118, Reserve Drainfields; Section 22-87, Authorized On-Site Soil Evaluator Plat Approval; Section 22-9, Prior Approvals of Preliminary Plans; and Section 22-58, On-Site Sewage Disposal Systems. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation on all ordinances.
The Chairman opened a joint public hearing on all issues. Mr. Brito motioned, seconded by Mr. Schwartz, to adopt proposed Ordinance O06-02.
The Voting Board tally was: Mr. Milde motioned, seconded by Mr. Cavalier, to adopt proposed Ordinance O06-07.
The Voting Board tally was: Ordinance O06-07 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN THE COUNTY WHEREAS, a preliminary subdivision plan shall show proposed wells and on-site sewage disposal systems if the lots are not served by public water and sewer; and WHEREAS, the Virginia Department of Health will approve the location of on-site sewage disposal systems with the Final Plat; and WHEREAS, the Board desires to require the Virginia Department of Health to approve the location of on-site sewage disposal systems with preliminary subdivision plans; and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission and staff and the testimony at the public hearing; and WHEREAS, the Board finds that public necessity, convenience, general welfare, or good subdivision practice requires adoption of such an ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 21st day of March, 2006, that the Stafford County Code be and it hereby is amended and reordained by amending Section 22-58 as follows where all other portions remaining unchanged: The preliminary plan shall include the following: (12) Private well and on-site sewage disposal systems: (a) All lots that are not to be served by public sewer or water utilities shall show the proposed location of well and on-site sewage disposal system on each lot. The location of all wells and on-site sewage disposal systems shall meet Virginia Department of Health requirements. (b) A signed statement from a certified Authorized Onsite Soil Evaluator (AOSE) stating the soils in the proposed locations of the on-site sewage disposal system for each lot are adequate to accommodate the proposed on-site sewage disposal systems. The signed statement shall include that all proposed lots have been evaluated. (c) A letter from the Virginia Department of Health approving the AOSE statement. Mr. Cavalier motioned, seconded by Mr. Fields, to adopt proposed Ordinance O06-03.
The Voting Board tally was: Ordinance O06-03 reads as follows: AN ORDINANCE TO AMEND AND REORDAIN SECTION 22-87, CONTENT, OF THE SUBDIVISION ORDINANCE WHEREAS, Final Subdivision Plats that have lots with on-site sewage disposal systems require an approval from the Virginia Department of Health prior to being recorded; and WHEREAS, the Department of Health approval is based on reports provided by a certified Authorized On-Site Soil Evaluator (AOSE); and WHEREAS, the Department of Health desires that the Final Subdivision Plat include a note along with a signature from the certified AOSE in addition to the department’s note and approval; and WHEREAS, the Board has carefully considered the recommendations of the Planning Commission and staff and the testimony at the public hearing; and WHEREAS, the Board finds that public necessity, convenience, general welfare, or good subdivision practice requires adoption of such an ordinance; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 21st day of March, 2006 that Section 22-87 of the Subdivision Ordinance be and it hereby is amended and reordained as follows, with all other portions remaining the same: Sec. 22-87. Content. (9) Required forms and signatures:
d. Certificate of approval: The following signature panel shall be provided in the upper right-hand corner for the agent, highway official, and health official, as applicable: “This subdivision known as _______________ Subdivision (Section ___, if applicable) is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record”
___________________________________________
___________________________________________
(12) Drainfields: Lots to be served by on-site sewage disposal system approved by the Department of Health shall include the following statements:
___________________________________________________________
___________________________________________________________
(b) Health Department Statement: Pursuant to Section 360 of the Sewage Handling and Disposal Regulations this approval is not an assurance that Sewage Disposal System Construction Permits will be issued for any lot in the subdivision unless that lot is specifically identified as having an approved site for an onsite sewage disposal system, and unless all conditions and circumstances are present at the time of application for a permit as are present at the time of this approval. A permit will not be issued for any lot later identified as being incorrectly certified. This subdivision may contain lots that do not have approved sites for onsite sewage disposal systems. The Health Department’s dated signature on this plat represents verification that on this date the site and soil evaluator (see AOSE Certification Statement) is certified by the Virginia Department of Health as an Authorized Onsite Soil Evaluator (AOSE) Mr. Fields motioned, seconded by Mr. Cavalier, to adopt proposed Ordinance O06-04.
The Voting Board tally was: Ordinance O06-04 reads as follows:
AN ORDINANCE TO REPEAL SECTION 22-9, EFFECT ON WHEREAS, Chapter 22, the Subdivision Ordinance, of the Stafford County Code was adopted November 8, 1984; and WHEREAS, applications for subdivisions submitted for approval prior to the adoption of Chapter 22, the Subdivision Ordinance, were exempt from complying with the requirements pursuant to Section 22-9; and WHEREAS, all current subdivisions are subject to all applicable sections of the Subdivision Ordinance and are no longer exempt pursuant to Section 22-9; and WHEREAS, the Board desires to repeal unnecessary ordinances; and WHEREAS, the Board has carefully considered the recommendations of the Planning Commission and staff and the testimony at the public hearing; and WHEREAS, the Board finds that public necessity, convenience, general welfare, or good subdivision practice requires adoption of such an ordinance; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 21st day of March, 2006 that Section 22-9 of the Subdivision Ordinance be and it hereby is repealed as follows, with all other portions remaining the same: Sec.22-9. Effect on pending applications, prior approvals (repeal) Where preliminary plans or final plats have been filed pursuant to applicable county ordinances for which final action by the county is pending at the time of adoption of this chapter, the plan or plat shall be exempt from the provisions of this chapter and shall be reviewed pursuant to the requirements in existence prior to the adoption of this chapter, provided, however, that the subdivider may elect to have his plan or plat reviewed under the provisions of this chapter. Where preliminary plans have been duly approved and are valid pursuant to the provisions in existence prior to the adoption of this chapter, final plats may, at the subdivider’s option, be submitted and reviewed pursuant to this chapter or the requirements in existence prior to the adoption of this chapter. Provided, however, that the fee schedule and security requirements shall be required in this chapter. Mr. Schwartz motioned, seconded by Mr. Brito, to refer proposed Ordinance O06-02 back to the Planning Commission. Discussion ensued.
The Voting Board tally was: Finance; Budget and Appropriate the Debt Proceeds for the Cost of Construction of the Public Safety Building and the Two Fire and Rescue Stations. The Deputy County Administrator gave a presentation.
The Chairman opened a public hearing. Mr. Milde motioned, seconded by Mr. Fields, to adopt proposed Resolution R06-152. Mr. Brito made a substitute motion, seconded by Mr. Schwartz, to defer proposed Resolution R06-152 to the next Board meeting.
The Voting Board tally was:
The Voting Board tally on the original motion was: Resolution R06-152 reads as follows: A RESOLUTION TO BUDGET AND APPROPRIATE PROCEEDS FROM THE ISSUANCE OF DEBT FOR THE PUBLIC SAFETY PROJECTS WHEREAS, on October 18, 2005, the Board adopted Resolution R05-404 which approved a comprehensive agreement with Northrop-Grumman for the development, design and construction of the public safety building for an amount not-to-exceed $36,426,248.00; and WHEREAS, on December 13, 2005, the Board adopted Resolution R05-473, which approved a comprehensive agreement with Teng Construction, LLC for the design and construction of seven (7) new stations for Fire and Emergency Services, with the initial agreement approving the construction of two (2) stations for an amount not to exceed $8,784,828.00, subject to certain conditions; and WHEREAS, on March 7, 2006, the Board approved Resolution R06-23, which authorized the financing for the construction of the public safety building and the fire and rescue stations; and WHEREAS, Resolution R06-51 authorized a public hearing be held on March 21, 2006 to consider an amendment to the budget for the construction of these projects; 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 21st day of March, 2006, that the County Administrator be and he hereby is authorized to budget and appropriate funds as follows:
GENERAL CAPITAL PROJECTS FUND:
Expenditure: Public Services; Amend the County Code Entitled Maximum Speed Limits in Residence Districts; Penalty, on Woodlawn Terrace and Cleremont Drive in the Woodlawn Subdivision. Mr. Fulton deLamorton, Senior Engineer, gave a presentation.
The Chairman opened a public hearing. Mr. Schwartz motioned, seconded by Mr. Fields, to adopt proposed Ordinance O06-20.
The Voting Board tally was: Ordinance O06-20 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN SECTION 15-4.1 (c) WHEREAS, the Board is interested in promoting public health, safety and welfare, including the prevention of accidents and injuries caused by speeding vehicles in certain Residence Districts; and WHEREAS, Section 46.2-878.2 of the Code of Virginia (1950), as amended, authorizes a severe penalty for persons exceeding the maximum speed limit in certain Residence Districts; and WHEREAS, the Board adopted Ordinance O97-29(R), which established criteria for the establishment of residence districts where a maximum speed limit fine could be levied; and WHEREAS, the County has received a petition to establish a Residence District along Woodlawn Terrace (SR-1064) between Deacon Road (SR-607) and Cleremont Drive (SR-1324) and Cleremont Drive (SR-1324) between Woodlawn Terrace (SR-1064) and Steeple Chase Road (SR-1067) in the Woodlawn Subdivision; and WHEREAS, the Board has conducted a public hearing in accordance with the notice provision of Sections 15.2-1426 and 15.2-1427 of the Code of Virginia (1950), as amended; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 21st day of March 2006, that Section 15-4.1 (c) of the Stafford County Code be and it hereby is amended and reordained as follows: c. The following areas are hereby designated as Residence Districts: (48) Woodlawn Terrace (SR-1064) between Deacon Road (SR-607) and Cleremont Drive (SR-1324) and Cleremont Drive (SR-1324) between Woodlawn Terrace (SR-1064) and Steeple Chase Road (SR-1067); and BE IT FURTHER ORDAINED that the Virginia Department of Transportation (VDOT) be and it hereby is requested to designate Woodlawn Terrace (SR-1064) between Deacon Road (SR-607) and Cleremont Drive (SR-1324) and Cleremont Drive (SR-1324) between Woodlawn Terrace (SR-1064) and Steeple Chase Road (SR-1067) as a residence district for maximum speed limit fines; and Be it still further ordained that VDOT is requested to install the appropriate signs displaying the maximum speed limit and the penalty for violations on the designated section of Woodlawn Terrace (SR-1064) between Deacon Road (SR-607) and Cleremont Drive (SR-1324) and Cleremont Drive (SR-1324) between Woodlawn Terrace (SR-1064) and Steeple Chase Road (SR-1067); and BE IT STILL FURTHER ORDAINED that a copy of this ordinance be forwarded to the Residency Administrator of VDOT. Finance; Authorize the Issuance and Sale of Up to $41,700,000 General Obligation School Bonds to be Sold to the Virginia Public School Authority. Mr. Scott Horan, Executive Director of Planning and Construction, Stafford County Public Schools, gave a presentation.
The Chairman opened a public hearing. Mr. Fields motioned, seconded by Mr. Cavalier, to adopt proposed Resolution R06-115. Discussion ensued. Mr. Dudenhefer made a substitute motion, seconded by Mr. Schwartz, to defer proposed Resolution R06-115.
The Voting Board tally was: Legislative; Consent Agenda. Mr. Milde motioned, seconded by Mr. Fields, to adopt the Consent Agenda, consisting of Items 12 thru 20, omitting Items 15c and 18.
The Voting Board tally was: Item 12. Legislative; Approve Minutes of Board Meetings. Regular Meeting of February 7, 2006; Adjourned Meeting of February 13, 2006; Regular Meeting of February 21, 2006 and Adjourned Meeting of February 27, 2006. Item 13; Approve Expenditure Listings. Resolution R06-139 reads as follows:
A RESOLUTION TO APPROVE EXPENDITURE LISTINGS 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 21st day of March, 2006, that the above-mentioned EL be and it hereby is approved. Item 14. Legislative; Approve Proclamations. Proclamation P06-13 reads as follows:
A PROCLAMATION TO DECLARE THE WEEK OF APRIL 9-15, 2006, WHEREAS, National Public Safety Telecommunications Week was instituted in 1991 by the Association of Public Safety Communications Officials International to recognize public safety telecommunicators who aid in providing 9-1-1 emergency assistance to citizens everywhere; and WHEREAS, each day, thousands of people depend on the expertise and commitment of the men and women who work in public safety telecommunications to help save countless lives by responding to emergency calls, dispatching emergency professionals and equipment, and providing moral support to citizens in distress; and WHEREAS, the term “9-1-1” is associated with rapid emergency response, poise under pressure, compassion and decision-making within seconds, provided every day during every shift by these nameless, faceless professionals; and WHEREAS, these dispatchers possess the skill, expertise and commitment to help save precious lives and preserve valuable property during accidents, fires, natural disasters and the commitment of crimes; and WHEREAS, the dispatchers who work in Stafford’s Emergency Communications Center must complete countless hours of rigorous training to successfully provide the vital link between public safety providers and those in need; and WHEREAS, the Board desires to bring to the attention of citizens everywhere the commitment and dedication of local telecommunicators, and to commend these dispatchers for the unique service they provide to the community;
NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board Proclamation P06-14 reads as follows
A PROCLAMATION TO RECOGNIZE AND WHEREAS, Dianna C. Sheesley served as the Regional Dam Safety Engineer with the Virginia Department of Conservation and Recreation; and WHEREAS, following Hurricane Floyd in 1999 and a subsequent storm which destroyed dams and caused devastating flooding, the Commonwealth instituted measures to regulate more than 2,000 privately-owned impounding structures throughout the state which are located near roadways, neighborhoods and commercial districts; and WHEREAS, Dianna C. Sheesley assisted Stafford County and the Boards of Directors of the Hidden Lakes, Seven Lakes and Lake Arrowhead subdivisions in obtaining Operation and Maintenance Certificates for the dams in these neighborhoods; and WHEREAS, Dianna C. Sheesley worked with the Board, County staff and residents for more than three years to complete the process to obtain the Certificates, including contracting with engineers to conduct inspections of the dams, completing detailed application packages, and generating maintenance plans; and WHEREAS, Dianna C. Sheesley was a consummate professional who spent significant time in meetings and onsite visits, and demonstrated compassion and flexibility as she helped the residents of these neighborhoods meet deadlines and obtain funding to repair the dams in accordance with state standards; and WHEREAS, the Board desires to bring to the attention of citizens everywhere the dedication and commitment exhibited by Dianna C. Sheesley, and to wish her well in her new position as a Construction Engineer with the Virginia Department of Transportation, Culpeper District; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 21st day of March, 2006, that Dianna C. Sheesley be and she hereby is recognized and commended for her service to the residents of Stafford. Proclamation P06-15 reads as follows:
A PROCLAMATION TO DESIGNATE APRIL 2006 AS ORGAN WHEREAS, almost 2,300 people living in the Washington, D.C. metropolitan area are waiting for a life-saving organ transplant, and thousands more will need a tissue transplant this year; and WHEREAS, each day, seventeen of the 91,000 Americans awaiting an organ transplant will die before they receive a second chance at life; and WHEREAS, the Washington Regional Transplant Consortium is observing the 20th year of an ongoing campaign to educate citizens throughout the region about choosing to offer the Gift of Life through organ and tissue donation; and WHEREAS, Stafford citizens can take the critical first step in making the decision to donate organs and tissue by accessing Virginia’s online donor registry at save7lives.org, designating themselves as organ donors on their driver’s licenses, and discussing the choice with their families before an emergency situation arises; and WHEREAS, the Board desires to honor our Country’s organ and tissue donors and their families, whose decisions to share the Gift of Life through regional donor programs serves as a positive example for all citizens; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 21st day of March, 2006, that April 2006 be and it hereby is designated as Organ and Tissue Donation Awareness Month in Stafford.
Proclamation P06-16 reads as follows: WHEREAS, Colonel James M. Lowe was commissioned a second lieutenant in the United States Marine Corps in 1976 through the NROTC program upon graduation from the University of South Carolina; and WHEREAS, Colonel James M. Lowe embarked on an illustrious military career during which, among varied assignments, he served as an Infantry Officer with the 3rd Marine Division, 2nd Battalion, 4th Marines in Okinawa, Japan; was a Series Officer and Personnel Officer at Marine Corps Recruit Depot Parris Island, South Carolina; completed a tour of duty in Beirut, Lebanon with the Multi-National Peacekeeping Force; and was assigned to Special Operations Command-Europe in Stuttgart, Germany; and WHEREAS, Colonel James M. Lowe earned personal awards including the Legion of Merit, Defense Meritorious Service Medal, Meritorious Service Medal with Gold Star, Joint Service Commendation Medal, Navy and Marine Corps Commendation Medal, and Navy and Marine Corps Achievement Medal with Gold Star; and WHEREAS, Colonel James M. Lowe assumed his duties as Base Commander, Marine Corps Base, Quantico, on August 22, 2003; and WHEREAS, Colonel James M. Lowe provided outstanding assistance on issues critical to the County, including lending his expertise during the Base Realignment and Closure process; educating County staff about base transportation priorities to assist in obtaining state and federal funds to improve access to the base; and providing accurate base employment information for Stafford’s At Place Employment Report; and WHEREAS, the Board desires to call public attention to the remarkable military career of Colonel James M. Lowe, and to wish him well in his retirement as he relinquishes his authority at a Change of Command Ceremony on July 17, 2006; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 21st day of March, 2006, that Colonel James M. Lowe be and he hereby is recognized and commended for his service to his Country and the citizens of Stafford County. Item 15. Administration; Authorize Public Hearings. Parks and Recreation; For an Electrical Easement on County-Owned Property at Willowmere Park. Resolution R06-157 reads as follows: A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO ADVERTISE A PUBLIC HEARING FOR AN ELECTRICAL EASEMENT ON COUNTY-OWNED PROPERTY AT WILLOWMERE PARK WHEREAS, an easement is necessary for the construction and installation of athletic field lighting at Willowmere Park; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of March, 2006, that the County Administrator be and he hereby is authorized to advertise a public hearing on an electrical easement on County-owned property at Willowmere Park. Legislative; Endorse the Establishment of the Rappahannock Area Alcohol Safety Action Program Independent Policy Board. Resolution R06-168 reads as follows A RESOLUTION TO AUTHORIZE A PUBLIC HEARING TO ENDORSE THE EXECUTION OF AN AGREEMENT WITH THE COUNTIES OF CAROLINE, KING GEORGE, SPOTSYLVANIA, STAFFORD AND THE CITY OF FREDERICKSBURG WHICH ESTABLISHES THE RAPPAHANNOCK AREA ALCOHOL SAFETY ACTION PROGRAM (RAASAP) BOARD WHEREAS, since July 1, 1988, the Rappahannock Area Alcohol Safety Action Program (RAASAP), serving the local jurisdictions in Planning District 16, has been under the supervision of a local independent policy board to administer the Alcohol Safety Action Program (ASAP) pursuant to Section 18.2-266 18.2-271.1, Code of Virginia (1950), as amended; and WHEREAS, pursuant to official action of the RAASAP Independent Policy Board, after December 31, 1991, the RAASAP Independent Policy Board shall serve as fiscal and administrative agent; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of March, 2006, that the County Administrator be and he hereby is authorized to advertise a public hearing to endorse the Rappahannock Area ASAP service to Stafford. Item 16. Utilities; Award Contract for Construction of Truslow Road Waterline Connection. Resolution R06-161 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the Board has authorized construction of the Truslow Road Waterline Extension to connect existing waterlines in the current service area and improve the reliability of the water system; and WHEREAS, the project has been designed and offered for public bids; and
WHEREAS, nine bids were received, with Rising Sun Construction Company the lowest WHEREAS, Staff has recommended the award of a contract to Rising Sun Construction Company; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of March, 2006, that the County Administrator be and he hereby is authorized to execute a contract with Rising Sun Construction Company in an amount not to exceed Four Hundred Ninety-two Thousand Three Hundred Twenty Dollars ($492,320) for construction of the Truslow Road Waterline Extension. Item 17. Utilities; Award Contract for Purchase of a Jet/Vac Truck for Sewer Cleaning. Resolution R06-131 reads as follows
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the Department of Utilities desires to purchase a new combination jet/vac truck to assist in properly maintaining the County sewers and minimize the chance of backups which adversely impact its customers; and WHEREAS, bids have been solicited and received for a combination jet/vac sewer cleaning truck; and WHEREAS, Virginia Public Works Equipment Company submitted the lowest responsive and responsible bid for this vehicle; and WHEREAS, sufficient funds have been budgeted and appropriated in the FY2006 Capital Budget for the purchase of this vehicle; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of March 2006, that the County Administrator be and he hereby is authorized to execute a contract with Virginia Public Works Equipment Company for an amount not to exceed Two Hundred Thirty-three Thousand Seven Hundred Seventy-nine Dollars ($233,779) for the purchase of a combination jet/vac sewer cleaning truck. Item 19. Budget; Budget and Appropriate State and Federal Funds to the Department of Social Services. Resolution R06-170 reads as follows: A RESOLUTION TO BUDGET AND APPROPRIATE STATE AND FEDERAL FUNDS TO THE DEPARTMENT OF SOCIAL SERVICES WHEREAS, due to increased case loads, the Department of Social Services has exceed budgeted projections for FY2006 and; WHEREAS, State and Federal revenue is available to support these programs; and WHEREAS, the County’s share of the costs is $25,600 and will be transferred within the General Fund to the Department of Social Services; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of March, 2006, that Four Hundred Thirty-six Thousand Dollars ($436,000) be and it hereby is budgeted and appropriated to the Department of Social Services. Item 20. Legislative; Appoint Members to Boards, Authorities, Commissions and Committees. Parks and Recreation Commission. Resolution R06-165 reads as follows A RESOLUTION TO AMEND THE PARKS AND RECREATION COMMISSION MEMBERS’ TERMS OF OFFICE TO RUN CONCURRENTLY WITH RESPECTIVE BOARD OF SUPERVISORS’ TERMS OF OFFICE 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, at a meeting on February 21, 2006, the Board adopted the amended Parks and Recreation Bylaws to reflect that members’ terms shall run concurrently with respective Board of Supervisors’ terms; and WHEREAS, the Board has appointed the following: NAME EXPIRATION
John Druiett December 31, 2008
Thomas Paton December 31, 2007
Robert Ray December 31, 2006
Jack R. Cavalier December 31, 2006
John C. LeDoux December 31, 2007
Randy Walther December 31, 2008
Kenneth Mitchell December 31, 2007
Eric Lindner December 31, 2008
Brian Robinson December 31, 2006
Laurence R. Checca December 31, 2008 NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of March, 2006, that the terms of the following members of the Parks and Recreation Commission be and they hereby are as follows: NAME EXPIRATION
John Druiett December 31, 2009
Thomas Paton December 31, 2009
Robert Ray December 31, 2009
Jack R. Cavalier December 31, 2007
John C. LeDoux December 31, 2009
Randy Walther December 31, 2009
Kenneth Mitchell December 31, 2009
Eric Lindner December 31, 2007
Brian Robinson December 31, 2007
Laurence R. Checca December 31, 2007 Public Services; Authorize a Public Hearing to Consider the VDOT Six-Year Secondary Road Improvement Plan. Mr. Brito commented. Mr. Brito motioned, seconded by Mr. Schwartz, to delete Andrew Chapel Road from the program. Discussion ensued. Mr. Milde made a substitute motion, seconded by Mr. Cavalier, to maintain the Andrew Chapel Road project with $60,000 funded.
The Voting Board tally was: Mr. Fields motioned, seconded by Mr. Cavalier, to adopt proposed Resolution R06-155.
The Voting Board tally was: Resolution R06-155 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the Virginia Department of Transportation is responsible for the construction and maintenance of the Secondary Road System in the County; and WHEREAS, the Board sets priorities for the Secondary Road Improvement Program; and WHEREAS, the County has received a proposed Six-Year Secondary Road Improvement Program for FY2007-FY2012; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of March, 2006, that the County Administrator be and he hereby is authorized to advertise a public hearing for April 18, 2006, to approve the Six-Year Secondary Road Improvement Program for FY2007-FY2012. Legislative; Public Presentations (Cont’d). The following person spoke: Kay Dudenhefer - Road Safety. Economic Development and Legislative Affairs; Request the Commissioner of the Department of Motor Vehicles to Develop and Issue a Special License Plate for Stafford County. Mr. Schwartz motioned, seconded by Mr. Milde, to defer proposed Resolution R06-164. Discussion ensued.
The Voting Board tally was: Planning; Amend Proffered Conditions on 2.23 Acres at 2112 Mountain View Road. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation. Larry Welford and Dan Smollen commented. Mr. Gibbons motioned, seconded by Mr. Cavalier, to adopt proposed Ordinance O06-08. Discussion ensued.
The Voting Board tally was: Ordinance O06-08 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN THE ZONING WHEREAS, Nariman Dash and Haleh Rajaee, applicants, have submitted application RC2501352, requesting an amendment to proffered conditions, of approximately 2.23 acres, located on the north side of Mountain View Road just east of Choptank Road, Rock Hill Election District; and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission and staff and the testimony at the public hearing; and WHEREAS, the Board has determined that the portion of the requested zoning is compatible with the surrounding land uses and zoning; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 21st day of March, 2006, that the Zoning Ordinance for Stafford County be and it hereby is amended and reordained by amending the Zoning District Map to amend proffered conditions on property identified as Assessor's Parcel 19D3-10-684, as follows: 1. The use of Parcel 19D3-10-684, 2.23 acres shall be limited to professional office and medical/dental office uses, not to exceed 12,000 square feet of usable floor area. 2. The building shall be limited to one-story in height and shall be generally located as depicted on the Generalized Development Plan, prepared by Welford Engineering Associates, dated July 13, 2005, revised October 6 and November 4, 2005. 3. No access shall be permitted directly from Mountain View Road. All traffic shall enter and exit along Choptank Road. 4. All building sides shall be brick and glass, or other comparable or better materials, to be approved by the Zoning Administrator. The roof of the building shall be pitched and the building side facing Mountain View Road shall have the appearance of a building front. 5. All mechanical systems and dumpsters shall be screened from view. 6. The parking lot lights shall not exceed 20 feet in height with lighting fixtures that are directed away from adjacent properties. 7. There shall be no outside storage or storage under cover, except for commercial dumpsters. 8. The facility shall have only one free standing sign, which shall be a monument type (not on a pole), not exceeding twelve feet in height and 80 square feet per side. 9. There shall be planting islands with shade trees (minimum of ten feet tall at planting, at least one per island) in the parking lots for each ten parking spaces. 10. Sidewalk shall be provided along the frontage of Mountain View Road and Choptank Road. 11. A berm, approximately two (2) feet in height with a 3:1 slope, shall be provided along the parking area facing Choptank Road. 12. A solid board-on-board fence, six (6) feet in height, shall be installed along the property line adjacent to any residential property, in addition to the required landscaping.
13. Stormwater retention shall be designed to reduce run off through LID or other Planning; Consider Appeal of a Decision by the Planning Commission to Deny Extension of Public Sewer to the Leeland Station, Section 8, Subdivision. Mr. Schwartz motioned, seconded by Mr. Fields, to adopt proposed Resolution R06-143. Discussion ensued.
The Voting Board tally was: Resolution R06-143 reads as follows: AN RESOLUTION TO AFFIRM A DECISION BY THE PLANNING COMMISSION TO DENY A REQUEST FOR THE EXTENSION OF PUBLIC SEWER OUTSIDE THE URBAN SERVICE AREA TO THE LEELAND STATION SECTION 8 SUBDIVISION, ASSESSOR’S PARCELS 46-90, 46Q-1, 46Q-2, 46Q-3, 46Q-4, AND 46Q-5 WHEREAS, Clark Leming, applicant for Leeland Station LLC, has submitted a request for extension of public sewer outside the Urban Service Area to Assessor’s Parcels 46-90, 46Q-1, 46Q-2, 46Q-3, 46Q-4, and 46Q-5; and WHEREAS, at a meeting on January 25, 2006, the Planning Commission voted 7-0 to deny the request; and WHEREAS, the applicant has appealed the decision of the Planning Commission pursuant to Section 15.2-2232B of the Code of Virginia (1950), as amended; and WHEREAS, the Board has determined that the approval of the extension of public sewer outside the Urban Service Area is inappropriate; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of March, 2006, that the decision of the Planning Commission to deny the extension of public sewer to Assessor’s Parcels 46-90, 46Q-1, 46Q-2, 46Q-3, 46Q-4, and 46Q-5 be and it hereby is affirmed. Legislative; Closed Meeting. At 11:00 P.M., Mr. Cavalier motioned, seconded by Mr. Fields, to adopt proposed Resolution CM06-13.
The Voting Board tally was: Resolution CM06-13 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 the acquisition of real property for public purpose in regard to the purchase of the high school site: and WHEREAS, pursuant to Section 2.2-3711 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 21st day of March, 2006, does hereby authorize discussions of the aforestated matters in Closed Meeting. Call to Order. At 11:03 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 CM06-13a.
The Voting Board tally was: Resolution CM06-13a reads as follows:
A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD WHEREAS, the Board has, on this the 21st day of March 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 21st day of March 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. Budget; Appropriate Funds for School Construction Projects. Mr. Fields motioned, seconded by Mr. Cavalier, to adopt proposed Resolution R06-171.
The Voting Board tally was: Resolution R06-171 reads as follows: A RESOLUTION TO APPROPRIATE FUNDS FOR SCHOOL CONSTRUCTION PROJECTS WHEREAS, the School Board has requested that the unexpended local funding of $5,740,530, in FY2005 be carried forward to FY2006 for School Construction Projects; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of March, 2006, that the County Administrator be and he hereby is authorized to appropriate unexpended funds from FY2005 to FY2006 for school construction as follows:
Mr. Milde motioned, seconded by Mr. Dudenhefer, to adopt proposed Proclamation
The Voting Board tally was: Proclamation P06-17 reads as follows
A PROCLAMATION TO WELCOME A CHINESE BUSINESS DELEGATION LED BY THE HONORABLE WANG WEICHENG, MAYOR OF CHANGZHOU, CHINA Adjournment. At 11:05 P. M. the Chairman declared the meeting adjourned until Thursday, March 23, 2006 at 5:00 P. M for a work session.
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