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August 21, 2007
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 Jack R. Cavalier, Chairman, at 1:05 P. M., Tuesday, August 21, 2007, in the Board Chambers, Stafford County Administration Center. Roll Call. The following members were present: George H. Schwartz; M. S. “Joe” Brito; Jack R. Cavalier, Chairman; Mark Dudenhefer, Vice Chairman; Peter J. Fields; Robert C. Gibbons; and Paul V, Milde III. Also in attendance were: Steve Crosby, County Administrator; Joe Howard, County Attorney and Marty Beard, Chief Deputy Clerk. Legislative; Presentation of Proclamations.
· Declare the Week of August 27-September 2, 2007 as Fire and Rescue Appreciation Week. Presentations by the Public. The following persons spoke on topics as identified:
Lou Silver - Board actions. Legislative; Presentations and Committee Reports by Board Members. Board members spoke on topics as identified:
Mr. Dudenhefer - Item 29.
Mr. Fields - Attended “Discovery Days” in Fredericksburg.
Mr. Gibbons - Virginia Department of Transportation issues.
Mr. Milde - Discovery Days.
Mr. Schwartz - Landscaping issues on VDOT rights-of way.
Mr. Brito - Commonwealth Transportation Board.
Mr. Cavalier - Intersection of Doc Stone Road/Garrisonville Road.
Mr. Gibbons
Mr. Schwartz
Legislative; Report of the County Attorney. Ms. Gail Roberts, Deputy County Attorney, commented on the following: Legislative; Report of the County Administrator. Mr. Steve Crosby, County Administrator, commented on the following:
- Stafford County Citizens Guide.
The Voting Board tally was: Item 1. Legislative; Approve Minutes of Board Meetings. Adjourned Meeting of July 7, 2007. Item 2. Legislative; Approve Proclamations. Proclamation P07-21 reads as follows: A PROCLAMATION TO RECOGNIZE AND COMMEND MOUNT ARARAT BAPTIST CHURCH ON THE OCCASION OF ITS CENTENNIAL ANNIVERSARY WHEREAS, Mount Ararat Baptist Church, originally known as the Baptist Church of Toluca Road, was founded by seven devout men from the Rock Hill and Ramoth Baptist Churches in 1907; and WHEREAS, despite the challenge of having to reach the church in horse-drawn wagons over unpaved roads in Stafford’s tiny rural community, the congregation of Mount Ararat Baptist Church grew quickly, and began offering Sunday School classes, established the Training Union, began a Wednesday night prayer service and formed a choir; and WHEREAS, thanks to the visionary leadership of its devoted pastors and ministers, Mount Ararat Baptist Church began to expand both its spiritual and physical presence in the County during the 1980s, purchasing additional acreage, increasing facilities, dedicating a Family Life Center and opening Noah’s Landing Gourmet Coffee Shoppe and Tea Room for fellowship and Bible study; and WHEREAS, Mount Ararat Baptist Church hosted a fireworks display from 1999 -2004 for the entire region; offers productions such as the Easter Passion Play and Christmas theatrical events; and opens its facilities to the community for events such as job fairs, blood drives, and as a voting precinct; and WHEREAS, Mount Ararat Baptist Church has maintained a tradition of service to the community and the world through ministry to individuals in prisons; helped build a Baptist church in Komarno, Slovakia; raised funds for an orphanage in Keralla, India; repairs homes for the needy; and provides disaster relief for the survivors of Hurricane Katrina: and WHEREAS, the pastors and lay members of Mount Ararat Baptist Church, numbering more than 3,200 today, use their considerable talents and creative gifts to offer a worship service that includes contemporary music; incorporates drama, creative movement, story-telling, visual graphics; and continues to offer diverse activities for adults, children and teens; and WHEREAS, the Board desires to bring to the attention of citizens everywhere the joy and spirited community ministry with which the congregants of Mount Ararat Baptist Church celebrate their faith each day; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that the members of Mount Ararat Baptist Church be and they hereby are recognized on the occasion of their church’s centennial celebration. Proclamation P07-22 reads as follows:
A PROCLAMATION TO RECOGNIZE SEPTEMBER 15, 2007, WHEREAS, Citizens to Serve Stafford and the Department of Parks and Recreation are proud to sponsor a celebration highlighting Stafford’s rich history, community spirit, talented local artisans and accomplished musicians; and WHEREAS, Salute to Stafford Day will feature free entertainment for young and old alike, including hands-on crafts, living history re-enactors, dance troupes, rides, pop and folk music, live wild raptors, displays by Friends of the Rappahannock, a contest featuring art by children that highlights Stafford sites and history, and a special tribute to military veterans; and WHEREAS, Salute to Stafford Day will feature a “Blue Heron Vote” for visitors to choose the most impressively costumed bird from among the dozens of wooden creations that have been adopted by local businesses, individuals and Stafford government offices; and WHEREAS, Salute to Stafford Day is a unique opportunity for citizens from throughout the region to participate in wholesome family fun, visit with their neighbors and make new friends; and WHEREAS, the Board desires to call public attention to the hard work and dedication exhibited by Ruth Carlone, Citizens to Serve Stafford and the Department of Parks and Recreation to make this wonderful event a reality; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that September 15, 2007, be and it hereby is recognized as Salute to Stafford Day. Item 3. Legislative; Establish a Policy on the Naming of County Buildings Resolution R07-147 reads as follows:
A RESOLUTION TO ESTABLISH A POLICY ON THE NAMING OF WHEREAS, the Board desires to establish a policy on naming County buildings; NOW, THEREFORE BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that County office buildings will be named for their primary use or function; and BE IT FURTHER RESOLVED that County libraries and fire stations are to be named for the geographic area in which they are located; and BE IT STILL FURTHER RESOLVED that the Board may dedicate buildings posthumously to individuals who made a significant and distinctive contribution to the County; and BE IT STILL FURTHER RESOLVED that the only exception to this policy would be the future Stafford County Human Services Center which will have on its façade the name “Stafford County Human Services Center” and “William C. Tignor Building” since the Board is already on record dedicating the building in his honor; and BE IT STILL FURTHER RESOLVED that the library to be constructed at the intersection of Plantation Drive and Lyons Boulevard will be named England Run Library; and BE IT STILL FURTHER RESOLVED that the new public safety center be conspicuously identified with appropriate signage, as the “Stafford County Public Safety Center” and the building be named the “Ford T. Humphrey Building” in honor of Deputy Sheriff Ford T. “Toby” Humphrey; and BE IT STILL FURTHER RESOLVED that exterior signage in all County buildings shall be consistent with the form of that for the Public Safety Center; and BE IT STILL FURTHER RESOLVED that it be and he hereby does authorize the establishment of a policy on naming County office buildings. Item 4. Administration; Request Stafford County be Designated a Drought Disaster Area Resolution R07-331 reads as follows:
A RESOLUTION TO REQUEST THE HONORABLE GOVERNOR WHEREAS, the drought experienced during the summer of 2007 has led to some very poor crop conditions throughout Stafford County; and WHEREAS, the local Food and Agriculture Committee has estimated the following losses as compared to normal yields: pastures-75%; hay-50%; corn-65%; full season beans-40% and double crop soybeans-80%; and WHEREAS, the reduction in anticipated yield will result in direct losses to those farmers who sell crops for cash and will lead to livestock producers buying feed that they would not have had to purchase in a normal year; and WHEREAS, many county farmers do not have the necessary capital on hand to purchase the required feed; and WHEREAS, there is a program which offers low-interest loans to farmers who cannot find loans elsewhere, by the United States Department of Agriculture, which can help some of these farmers to stay in business if the area has been designated a disaster area by the Governor or President; and WHEREAS, a request to the Governor to designate Stafford County a disaster area is the first step in the process of qualifying for the federal program; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that the Board be and it hereby does request the Honorable Governor Timothy Kaine to designate Stafford County as a disaster area following the drought of 2007. Item 6. Finance; Approve Expenditure Listing. Resolution R07-316 reads as follows:
A RESOLUTION TO APPROVE EXPENDITURE LISTING (EL) 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 August 2007, that the above-mentioned EL be and it hereby is approved. Item 7. Finance; Consider Amendments to the FY2007 Budget to Accommodate Financial Reporting. Resolution R07-300 reads as follows: A RESOLUTION TO BUDGET AND APPROPRIATE BOND PROCEEDS AND CONTRIBUTIONS FROM DEVELOPERS WHEREAS, funds have been received in the amount of $4,366 in the General Capital Projects Fund in the form of premiums from the Virginia Public School Authority that were in excess of the amount budgeted; and WHEREAS, these funds need to be transferred to the School Construction Fund and budgeted and appropriated for use there; and WHEREAS, funds have been received in the amount of $28,000 in the General Fund from developers in the form of contributions for road construction purposes; and WHEREAS, these funds need to be transferred to the Transportation Fund and budgeted and appropriated for use there; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007 that the County Administrator be and he hereby is authorized to budget and appropriate funds as follows:
General Capital Projects Fund
School Construction Fund:
General Fund:
Transportation Fund:
Resolution R07-328 reads as follows:
A RESOLUTION TO BUDGET AND APPROPRIATE PROFFER WHEREAS, the School Board also has requested the appropriation of proffer funds for School Construction Projects; and WHEREAS, School proffers totaling $170,239 are available; and WHEREAS, settlement funds from the Stafford Limited Partnership in the amount of $50,000 are also available; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that the County Administrator be and he hereby is authorized to budget and appropriate proffer funds as follows:
GENERAL FUND SCHOOL CONSTRUCTION FUND $220,239
Resolution R07-332 reads as follows: A RESOLUTION TO AWARD ON-CALL CONTRACTS FOR PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES RELATIVE TO BUILDING CONSTRUCTION AND FEASIBILITY STUDIES WHEREAS, the County has solicited proposals from qualified vendors for professional services on an as-needed basis; and WHEREAS, the committee evaluated proposals received, conducted interviews with certain qualified vendors, and recommended four vendors be awarded contracts; and WHEREAS, individual contracts for these services shall not exceed $200,000, and the sum of all purchase orders shall not exceed $1,000,000 during the life of the contracts; and WHEREAS, the term of this contract shall be an initial period of one year, with an option to renew for two additional one year periods, for a total of three years; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that the County Administrator be and he hereby is authorized to execute individual on-call contracts in an amount not to exceed Two Hundred Thousand Dollars ($200,000) per purchase order with these firms:
Hening-Vest-Covey-Chenault (HVC-Chenault) Architectural Corporation; Item 10. Public Services; Award Contract for Custodial Services at County Facilities. Resolution R07-318 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the Department of Public Services, Property Management Division, desires the services of outside contractors to perform custodial services that are beyond the capabilities of County resources; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that the County Administrator be and he hereby is authorized to renew a contract with CC Building Services in an amount not-to-exceed Two Hundred Forty-one Thousand Eight Hundred Sixty-two Dollars ($241,862); and BE IT FURTHER RESOLVED that, subject to funds being appropriated each year for this purpose, the contract shall have an option to renew for up to three additional one-year terms, if mutually agreed upon. Item 11. Public Services; Award Contract for Security Services at the Government Center and the Rowser Complex. Resolution R07-319 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the Department of Public Services, Property Management Division desires the services of outside contractors to provide security services for the Government Center and the Rowser Complex; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that the County Administrator be and he hereby is authorized to renew a contract with Securitas Security Services USA, Inc. in an amount not to exceed Two Hundred Sixty-one Thousand One Hundred Eighty-three Dollars ($261,183) for FY2008. Item 13. Transportation; Abandon, Add and Change Road Network from Construction of Interstate 95 and Centreport Parkway in the Secondary System of State Highways Resolution R07-287(R) reads as follows:
A RESOLUTION THAT PETITIONS THE VIRGINIA DEPARTMENT WHEREAS, the Interstate 95 Interchange and Centreport Parkway was constructed; and WHEREAS, as a result of this construction, adjustments need to be made to the Secondary System of State Highways; and WHEREAS, the new roads serve the same citizens as the portions of old roads to be abandoned, which segments no longer serve a public need; and WHEREAS, the Board requests the Virginia Department of Transportation (VDOT) to abandon from the Secondary System of State Highways, pursuant to Section 33.1-155, Code of Virginia (1950), as amended, the following segments as shown on the drawings entitled “Stafford County Changes in the Primary and Secondary System due to relocation and construction of Route Interstate 95, Project: 0095-089-108, C501”:
Type of Change to the Secondary System of State Highways: Abandonment
Street Name and /or State Route Number WHEREAS, the Board requests the Virginia Department of Transportation (VDOT) to add to the Secondary System of State Highways pursuant to Section 33.1-229, Code of Virginia (1950), as amended, the following sections as shown on the drawing entitled “Stafford County Changes in the Primary and Secondary System due to relocation and construction of Route Interstate 95, Project: 0095-089-108, C501”:
Type of Change to the Secondary System of State Highways: Addition
Street Name and /or State Route Number WHEREAS, the Board requests the Virginia Department of Transportation (VDOT) to make data corrections to the Secondary System of State Highways pursuant to Section 33.1-69, Code of Virginia (1950), as amended, the following sections as shown on the drawing entitled “Stafford County Changes in the Primary and Secondary System due to relocation and construction of Route Interstate 95, Project: 0095-089-108, C501”:
Type of Change to the Secondary System of State Highways: Data Correction
Street Name and /or State Route Number NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that it be and hereby does approve the aforementioned abandonments, additions, and data corrections to and from the Secondary System of State Highways; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Virginia Department of Transportation Residency Administrator. Item 14. Transportation; Amend the Virginia Railway Express (VRE) Master Agreement. Resolution R07-334 reads as follows:
A RESOLUTION TO APPROVE REVISIONS TO THE MASTER AGREEMENT FOR PROVISION OF COMMUTER RAIL SERVICES WHEREAS, the Northern Virginia Transportation District Commission (“NVTC”) and the Potomac and Rappahannock Transportation District Commission (“PRTC”) (both of which shall collectively be referred to as the “Commissions”), jointly operate the Virginia Railway Express (the “VRE”) commuter rail service in Northern Virginia pursuant to the Master Agreement for the Provision of Commuter Rail services in Northern Virginia dated October 3, 1989, as amended September, 1990 (the “Master Agreement”); and, WHEREAS, in February, 2006, the VRE Operations Board, with participation of all VRE Participating and Contributing Jurisdictions, initiated analysis of alternate VRE governance structures and subsidy allocation formulae; and WHEREAS, on April 5, 2007, the Commissions approved a series of proposed amendments to the Master Agreement that would change the composition of and voting on the Operations Board and revise the subsidy formula over a four year phase-in period; and WHEREAS, by May of 2007, all Participating and Contributing Jurisdictions had also approved in concept the proposed amendments to the Master Agreement; and WHEREAS, on July 5, 2007, the Commissions approved a revised version of the Master Agreement incorporating the aforesaid amendments (the “Amended Master Agreement”), a copy of which is attached hereto, and authorized execution of the Amended Master Agreement by their respective chairman; and WHEREAS, the Commissions have requested each of the Participating and Contributing Jurisdictions to approve the Amended Master Agreement and authorize its execution by an appropriate representative; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this 21st day of August 2007, that it hereby approves the Amended VRE Master Agreement in the form attached hereto; and BE IT FURTHER RESOLVED that the Chairman of the Board is hereby authorized to execute the Amended Master Agreement on behalf of the County.
A RESOLUTION WHICH PETITIONS THE VIRGINIA DEPARTMENT WHEREAS, the Board, pursuant to Section 33.1-229 of the Code of Virginia (1950), as amended, desires to add Saint Georges Drive and Saint Elizabeth Court within Saint Georges Estates Subdivision into the Secondary System of State Highways; and WHEREAS, the Virginia Department of Transportation (VDOT) has inspected these street and found them acceptable; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August 2007, that the Virginia Department of Transportation (VDOT) be and it hereby is petitioned to include the following streets within Saint Georges Estates Subdivision into the Secondary System of State Highways:
Street Station Length
Saint Elizabeth Court Fr: Inter. Saint Georges Drive 0.10 Mile An unrestricted right-of-way (ROW), as indicated above, for each street with necessary easements for cuts, fills and drainage is guaranteed, as evidenced by Plat of Record entitled Section Eight, Saint Georges Estates, PM050000131, LR 050022015, recorded June 15, 2005; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Developer and the Residency Administrator of VDOT. Item 16. Utilities; Award Contract for Painting the Shelton Shop Water Storage Tank Resolution R07-336 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the Shelton Shop water tank is in need of repainting to continue to provide our customers with high quality water and to protect the structural integrity of the tank; and WHEREAS, bidding documents were prepared and offered for public bid; and WHEREAS, the County received five bids, of which J & W of North Carolina, Incorporated, was determined to be the lowest responsive bidder with a bid of $173,000; and WHEREAS, this project was identified in the current Capital Improvement Program; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that the County Administrator be and he hereby is authorized to execute a contract with J & W of North Carolina, Inc., in an amount not to exceed One Hundred Seventy-three Thousand Dollars ($173,000) for painting the Shelton Shop Water Storage Tank. Item 17. Utilities; Ratify Land Acquisition Contract for Rocky Pen Run Reservoir Resolution R07-358 reads as follows:
A RESOLUTION APPROVING LAND ACQUISITION CONTRACT WHEREAS, Resolution R04-237 authorized the County Administrator to enter into contracts for the purchase of certain properties for Rocky Pen Run Reservoir; and WHEREAS, the County’s offer to purchase Parcel 43-74-8, owned by Hugh Dobson, for the appraised value of $436,000 was accepted by the property owner; and WHEREAS, the Board needs to approve the purchase of this property; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that the execution of a contract by the Chairman between the Board of Supervisors of Stafford County and Hugh H. Dobson, Jr., regarding TM 43-74-8 be and it hereby is approved in the amount of Four Hundred Thirty-six Thousand Dollars ($436,000); and BE IT FURTHER RESOLVED that the County Administrator be and he hereby is authorized to execute all documents necessary to close on the above-referenced property. Item 18. Parks and Recreation; Adjust Fees for the American Youth Football League Resolution R07-346 reads as follows: A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE AN AGREEMENT WITH THE AMERICAN YOUTH FOOTBALL LEAGUE TO REDUCE FIELD USE FEES WHEREAS, the County recognizes the that the American Youth Football League serves approximately 600 youth in Stafford County; and WHEREAS, the County’s current football program could not easily absorb or administer the additional youth that the American Youth Football League serves; and WHEREAS, at a meeting on July 19, 2007, the Parks and Recreation Commission approved a motion to reduce the field use fees for the American Youth Football League; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that the County Administrator be and he hereby is authorized to execute an agreement with the American Youth Football League reducing field use fees as follows: $7.50 per hour for the smaller open play areas at schools and $12.50 per hour at middle schools and larger field sites. Item 20. Legal; Ratify Smith Lake Settlement Agreement Resolution R07-335 reads as follows: A RESOLUTION TO RATIFY THE SETTLEMENT AGREEMENT IN THE SMITH LAKE PARK MATTER AND RELATED LITIGATION WHEREAS, the Board and Keys Ridge Construction Co., Inc., (“Keys Ridge”) entered into a construction contract under which Keys Ridge agreed to construct ball fields at Smith Lake Park; and WHEREAS, after the Board’s acceptance of the completed construction of Smith Lake Park certain drainage and settling were detected on the large ball field at the Park; and WHEREAS, the Board entered into negotiations with Keys Ridge and its subcontractor, Driggs Construction (“Driggs”) seeking reimbursement for certain remediation costs incurred by the Board at the Park; and WHEREAS, in May 2007, the company that provided the performance bond for Keys Ridge, Selective Insurance Company of America (“Selective”), commenced a lawsuit against the Board and Keys Ridge in Federal Court, Selective Insurance Company of America v. Board of Supervisors Of Stafford County, Virginia and Keys Ridge Construction Co., Inc. (“Lawsuit”) in which Selective sought a finding that it was not responsible for any payments under its performance bond; and WHEREAS, negotiations between the parties resulted in a settlement offer to the County that would result in a partial payment for the costs the County incurred in its remediation of Smith Lake Park; and WHEREAS, on July 17, 2007, in Closed Meeting, the settlement offer was presented to the Board, and Counsel for the County recommended that approval of the settlement agreement was in the best interests of the County; and WHEREAS, the Board approved the settlement offer resolving all claims and disputes related to the Smith Lake Park project among the Board, Keys Ridge, Driggs and Selective, and authorized the County Administrator and County Attorney to finalize the settlement; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that the Settlement Agreement and Mutual Release resolving all claims and disputes related to the Smith Lake Park project among the Board, Keys Ridge, Driggs and Selective, signed by the County Administrator, be and it hereby is ratified and approved. Item 21. Legislative; Appoint Members to Boards, Authorities, Commissions and Committees. Resolution R07-330 reads as follows:
A RESOLUTION TO APPOINT A MEMBER TO THE RAPPAHANNOCK WHEREAS, the Board, by adoption of Resolution R89-299, authorized establishment of the Rappahannock Area Youth Commission; and WHEREAS, at a meeting of the Rappahannock Area Office on Youth Commission on February 3, 2004, revisions were made to their bylaws; and WHEREAS, the new bylaws no longer include a youth member and the locality number has been reduced from three to one representative from each of the five localities in Planning District 16; and WHEREAS, the Director of the Commission has indicated that two representatives are acceptable, if the interest is there; and WHEREAS, member appointments shall be for a term of three (3) years; and WHEREAS, the Board has previously appointed the following: NAME EXPIRATION
Charles E. Tate, III June 30, 2006
Vista Gillespie June 30, 2007 WHEREAS, the term of Vista Gillespie expired on June 30, 2007; and WHEREAS, the Board desires to fill this vacancy; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that NAME EXPIRATION
Trina McCarthy June 30, 2010 be and she hereby is appointed to the Rappahannock Area Youth Commission. Resolution R07-338 reads as follows: A RESOLUTION TO APPOINT MEMBERS TO THE CHAPLIN GROUP HOME COMMISSION WHEREAS, the City of Fredericksburg and the Counties of Spotsylvania and Stafford have approved an agreement establishing the Chaplin Group Home Commission; and WHEREAS, the agreement provides that the three jurisdictions appoint two members each from the political subdivisions; and WHEREAS, the Board has previously appointed the following members: NAME EXPIRATION
Paul Milde December 31, 2007
Linda V. Musselman June 30, 2007
Josephine H. Chaplin WHEREAS, the Board desires that expirations coincide with Board Members terms of office; and WHEREAS, the term of Linda V. Musselman expired June 30, 2007; and WHEREAS, the Board desires to fill this vacancy; and WHEREAS, the term of appointment is one year; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that NAME EXPIRATION
Linda V. Musselman December 31, 2007 be and she hereby is appointed to the Chaplin Group Home Commission. Administration; Authorize a Public Hearing Regarding Deed Restriction on 33 Acres at Aquia Harbour. Mr. Gibbons commented. Mr. Gibbons motioned, seconded by Mr. Milde, to adopt proposed Resolution R07-344. Discussion ensued.
The Voting Board tally was: Resolution R07-344 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the Board deeded a 33-acre parcel of land on September 30, 1991 to the Aquia Harbour Property Owners Association with a restriction imposed by the Board stating that it be used for recreational purposes; and WHEREAS, it is the desire of the Board to modify the deed restriction to allow additional suitable uses on the property for the benefit of the residents of Aquia Harbour Subdivision; and WHEREAS, a public hearing is required; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August 2007 that the County Administrator be and he hereby is authorized to advertise a public hearing to modify a deed restriction on an 33-acre parcel in Aquia Harbour to allow the property to be used for recreational purposes, as well as age-restricted housing. Transportation; Adoption of Implementation Guidelines and Procedures for the Public-Private Transportation Act of 1995 (PPTA). Mr. Schwartz commented. Mr. Schwartz motioned, seconded by Mr. Fields, to defer proposed Resolution R07-321.
The Voting Board tally was: Transportation; Authorize the County Administrator to Execute a Contract to Improve Foreston Woods Drive, Highponte Boulevard, Silverthorn Court and Sutherland Boulevard for Acceptance into the Secondary System of State Highways. The County Administrator gave a presentation and responded to Board members questions.
Mr. Gibbons motioned, seconded by Mr. Dudenhefer, to defer proposed Resolution Discussion ensued. Mr. Schwartz made a motion to approve proposed Resolution R07-137. Discussion further ensued. Mr. Schwartz withdrew the motion.
The Voting Board tally on the original motion was: Legislative; Discuss Mandatory Water and Sewer Connections. Hearing no objections from the Board, the Chairman stated that this item with be on the Regular Agenda for the next Board meeting. Legislative; Purchase of Development Rights Program Update. The County Administrator commented. Mr. Fields motioned, seconded by Mr. Milde, to adopt proposed Resolution R07-349 with a change.
The Voting Board tally was: Resolution R07-349 reads as follows: A RESOLUTION TO APPOINT MEMBERS TO THE PURCHASE OF DEVELOPMENT RIGHTS PROGRAM WHEREAS, the Board established the Agricultural Commission in December, 2000, to establish a comprehensive approach to the preservation of agricultural and rural lands; and WHEREAS, the Board requested the Agricultural Commission to develop a Purchase of Development Rights (PDR) Program; and WHEREAS, the Board adopted Ordinance O07-02 to establish a PDR program; and WHEREAS, the Board desires to appoint members to implement and oversee the program; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that NAME EXPIRATION
Mike Neuhard____________ Pleasure of the Board
Steve Apicella____________ Pleasure of the Board
Patricia Kurpiel____________ Pleasure of the Board
Thomas Coen_____________ Pleasure of the Board
Edward G. Silver___________ Pleasure of the Board
Marty McClevy____________ Pleasure of the Board
Gail Clark_________________ Pleasure of the Board be and they hereby are appointed to the Purchase of Development Rights Program Committee. Legislative; Discuss Erosion and Sediment Control Issues. The County Administrator gave a presentation and responded to Board members questions. Mr. Milde motioned, seconded by Mr. Gibbons, to adopt proposed Resolution R07-357.
The Voting Board tally was: Resolution R07-357 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, local Erosion and Sediment Control Programs are authorized by the Code of Virginia to have more stringent regulations; and WHEREAS, it is necessary to amend the Erosion and Sediment Control Ordinance to modify definitions and general standards; and NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that the County Administrator be and he hereby is authorized to advertise a public hearing on September 4th, 2007 to amend and reordain the Erosion and Sediment Control Ordinance regarding definitions and general standards. Recess. At 2:48 P. M. the Chairman declared a recess. Call to Order. At 3:01 P. M. the Chairman called the meeting back to order. Presentation on Falmouth Intersection, Warrenton Road and Interstate 95 Courthouse Road Interchange by Harry Lee of the Virginia Department of Transportation. Mr. Harry Lee, District Preliminary Engineering Manager, Virginia Department of Transportation, gave a presentation and responded to Board members questions. Mr. Schwartz motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-361. Discussion ensued. Mr. Milde made a substitute motion, seconded by Mr. Dudenhefer, to adopt proposed Resolution R07-361 with a change. Mr. Cord Sterling, member of the Commonwealth Transportation Board, commented. Discussion further ensued. Hearing no objections from the Board, this item was tabled until later in the meeting. Finance; Refund of Widewater Service District Payments. Ms. Maria Perrotte, Chief Financial Officer, gave a presentation and responded to Board members questions.
Mr. Cavalier motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution Discussion ensued.
The Voting Board tally was: Resolution R07-333 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY TREASURER WHEREAS, in 1995, by the adoption of O95-69(R), the Board created a Special Service District in the Widewater area primarily for the construction of a roadway and related interim improvements serving the Widewater area in accordance with the master road plan for that area, commonly referred to as the Widewater Parkway; and WHEREAS, since the creation of the Special Service District, a number of changes have occurred, including the sale of approximately 1,100 acres Widewater area to the Commonwealth of Virginia for a new State park, which altered the situation in this area; and WHEREAS, due to changes in circumstances related to the potential developments within the Widewater Special Service District, the transportation requirements in the Widewater area have changed; and WHEREAS, in 2006, the Board set the assessment rate for this district at zero and later abolished the Special Service District; and WHEREAS, special fees were assessed and collected within the now-abolished Special Service District for a number of years, with the total collected amounting in excess of $514,977 from revenues collected from 1997 through 2005; and WHEREAS, approximately 263 parcels will be eligible for refund of the Widewater Special Service District assessment; and WHEREAS, all approximately 263 parcel refund applications must be filed no later than February 29, 2008; and WHEREAS, Staff recommends that the Board approve proposed Resolution R07-333 approving the refunding of the Widewater Special Service District assessment; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that the County Treasurer be and he hereby is authorized to refund the Widewater Special Service District assessment collected; and BE IT FURTHER RESOLVED that Five Hundred Fourteen Thousand Nine Hundred and Seventy-Seven Dollars be and it hereby is budgeted and appropriated from the Widewater Special Service District Fund for the purpose of refunding the assessed fees collected between 1997 through 2005 which have not been needed for the designated intent. Utilities; Authorize Pump and Haul Service at 11 Rosehaven Street. The County Administrator gave a presentation and responded to Board members questions. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-352. Discussion ensued.
Mr. Milde made a substitute motion, seconded by Mr. Dudenhefer, to adopt Discussion ensued. Mr. Milde withdrew the substitute motion. Mr. Dudenhefer withdrew the second to the motion.
The Voting Board tally was: Resolution R07-352 reads as follows: A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO PROVIDE PUMP AND HAUL SERVICES AT 11 ROSEHAVEN STREET WHEREAS, the County has an agreement and General Permit with the State Health Department for pump and haul arrangements; and WHEREAS, a property has been certified by the Virginia Department of Health for sewer service in accordance with these arrangements and must be added to the general agreement pump and haul list; and WHEREAS, by the adoption of Resolution R98-29, amended by Resolution R06-240, the Board has established a Pump and Haul Service Policy which requires the property owner and the County to enter into a contract for pump and haul service; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007 that the County Administrator be and he hereby is authorized to add 11 Rosehaven Street to the agreement with the Virginia Department of Health; and BE IT FURTHER RESOLVED that the County Administrator be and be hereby is authorized to execute a pump and haul service agreement with the property owner; and BE IT STILL FURTHER RESOLVED that these services will be discontinued and removed from the agreement with the Virginia Department of Health when public sewer becomes available to this parcel; and BE IT STILL FURTHER RESOLVED that Stafford County bears no financial obligation and the occupant will bear all costs associated with Pump and Haul services. Planning; and Zoning; Authorize Application for a Conditional Use Permit on County-Owned Property off Hulls Chapel Road. County Administrator gave a presentation and responded to Board members questions.
Mr. Gibbons motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution Discussion ensued.
The Voting Board tally was: Resolution R07-351 reads as follows: A RESOLUTION TO AUTHORIZE ABEL DEVELOMPENT, LLC AND ITS COUNSEL, LEMING AND HEALY, PC, TO APPLY FOR A CONDITIONAL USE PERMIT TO ALLOW A STREET CROSSING IN A FLOOD HAZARD OVERLAY DISTRICT, ON PROPERTY OWNED BY THE COUNTY OF STAFFORD, IDENTIFIED AS ASSESSOR’S PARCELS 37-11 AND 37-42C, HARTWOOD ELECTION DISTRICT WHEREAS, Leming and Healy, PC on behalf of Abel Development, LLC, applicant, has submitted an application requesting a Conditional Use Permit to allow a street crossing in a Flood Hazard Overlay 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 Flood Hazard Overlay District after a Conditional Use Permit has been issued by the Board; and WHEREAS, the application includes property owned by the County; and WHEREAS, the application cannot be processed without consent from the County; and WHEREAS, the Board has carefully considered the request; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that Leming and Healy, PC, on behalf of Abel Development, LLC, be and they hereby are authorized to apply for a Conditional Use Permit to allow a street crossing in a Flood Hazard Overlay District on Assessor’s Parcels 37-11 and 37-42C. Transportation; Consider Adoption of Multiple-Way Stop Program Guidelines. Mr. Fulton DeLamorton, Senior Engineer, gave a presentation and responded to Board members questions.
Mr. Dudenhefer motioned, seconded by Mr. Milde, to adopt proposed Resolution
The Voting Board tally was: Resolution R07-360 reads as follows: A RESOLUTION TO ADOPT MULTI-WAY STOP PROGRAM GUIDELINES WHEREAS, the Board is concerned with transportation safety on residential streets; and WHEREAS, the Virginia Department of Transportation has coordinated with other localities on the implementation of a safety measure wherein qualifying intersections have stop conditions on each leg of the intersection; and WHEREAS, the Transportation Commission has developed guidelines for the installation of multi-way stop signs at qualifying intersections; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007 that the Board be and it hereby adopts Multi-Way Stop Program Guidelines and that the County Administrator be and he hereby is authorized to implement them as follows:
Stafford County Office of Transportation General Criteria:
Residential local road with a posted speed limit of 25 MPH.
Citizen or Homeowners' Association (HOA) representative provides a written request for a MWS received by Office of Transportation. Legislative; Discuss Planning Commission Salaries. Mr. Milde commented. Mr. Fields motioned, seconded by Mr. Milde, to adopt proposed Resolution R07-379.
The Voting Board tally was: Resolution R07-379 reads as follows: A RESOLUTION TO ESTABLISH COMPENSATION FOR MEMBERS OF THE PLANNING COMMISSION WHEREAS, the Board has adopted a Zoning Ordinance and appointed a Planning Commission; and WHEREAS, Section 15.2-2212 of the Code of Virginia provides that the local government body may establish the compensation of members of the Planning Commission; and WHEREAS, it is the desire of the Board to recognize the important work of the Planning Commission; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that compensation of members of the Planning Commission be and it hereby is established at Ten Thousand Dollars ($10,000) per year effective January 1, 2008. Legislative; Discuss Illegal Immigrants. Mr. Dudenhefer commented. Mr. Dudenhefer motioned, seconded by Mr. Schwartz, to form a committee to further review and to bring back to the Board.
The Voting Board tally was: Discussion ensued. Hearing no objections from the Board, Mr. Dudenhefer and Mr. Schwartz were appointed to the Committee to further review. Legislatve; Designate English as the Official Language of the County. Mr. Brito motioned, seconded by Mr. Milde, to adopt proposed Resolution R07-365.
The Voting Board tally was: Resolution R07-365 reads as follows:
A RESOLUTION TO DESIGNATE ENGLISH AS THE WHEREAS, pursuant to Section 1-511 of the Code of Virginia (1950), as amended, the Commonwealth of Virginia designated English as the official language of the Commonwealth; and WHEREAS, the foregoing status states, in part, that “no local government shall be required to provide and no…local government shall be prohibited from providing any documents, information, literature or other written materials in any language other than English;” and WHEREAS, similar to other localities, Stafford has a rapidly increasing population, some of which either do not use English as their primary language or have difficulty in using or understanding English; and WHEREAS, the Board desires to emphasize to all citizens of Stafford that all official documents of the County must be in English; and WHEREAS, the Board intends this resolution to encourage those citizens of Stafford County who have difficulty with the English language to enhance their English language proficiency; and WHEREAS, the Board does intend that citizens who are less proficient in English may be assisted in any language necessary as long as the official documentation is in English; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August 2007 that: English shall be designated as the official language of Stafford County. Except as provided by law, no County agency shall be required to provide and no County agency shall be prohibited from providing any documents, information, literature or other written materials in any language other than English. Planning and Zoning; Discuss Referring to the Planning Commission a Comprehensive Plan Amendment to Exclude a Portion of the County from the Planned Traditional Neighborhood Development Districts. Mr. Fields commented. Mr. Fields motioned, seconded by Mr. Schwartz, to adopt proposed Resolution R07-359 with a change.
The Voting Board tally was: Transportation; Endorse the Virginia Department of Transportation’s Proposed Single-Point Diamond Intersection Design at the Falmouth Intersection and to Encourage the Commonwealth Transportation Board to Allocate Funds for its Construction. Mr. Dudenhefer commented. Mr. Fields motioned, seconded by Mr. Gibbons, to adopt proposed Resolution R07-361. Discussion ensued. The Voting Board tally was:
Yea: (7) Milde, Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons Resolution R07-361 reads as follows:
A RESOLUTION TO ENDORSE THE VIRGINIA DEPARTMENT WHEREAS, traffic delays have existed for decades at the intersection of Cambridge Street (US-1), Warrenton Road (US-17 Business), and Butler Road (SR-212), known as the Falmouth Intersection; and WHEREAS, the Virginia Department of Transportation (VDOT) has developed two design options for improving the traffic flow at this critical intersection; and WHEREAS, having reviewed the design options for improvements to the Falmouth Intersection, it is the Board's desire to endorse the single-point urban intersection, a grade-separated design; and WHEREAS, the Virginia Department of Transportation made a presentation to the Board this date on the single-point urban intersection design; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that the Board be and it hereby does reaffirm Resolution R02-23, dated February 15, 2002, endorsing a grade separated design at this intersection; and BE IT STILL FURTHER RESOLVED that a certified copy of this resolution be forwarded to the County's Commonwealth Transportation Board representative and to the Virginia Department of Transportation Residency Administrator. Legislative; A Resolution to Congratulate and Commend Force Protection Equipment Demonstration (FOED VI) on a Successful Event at Stafford Regional Airport, August 14-16, 2007. Mr. Dudenhefer motioned, seconded by Mr. Gibbons, to adopt proposed Resolution R07-367.
The Voting Board tally was: Resolution R07-367 reads as follows:
A RESOLUTION TO CONGRATULATE AND COMMEND FORCE WHEREAS, the Force Protection Equipment Demonstration VI (FPED VI) sponsored by the Department of Defense (DoD) through the DoD Physical Security Equipment Action Group, co-sponsored by the Joint Staff, the Department of Energy, the National Institute of Justice and the Technical Support Working Group was held at Stafford Regional Airport WHEREAS, FPED VI with over 575 vendors and organizations, 3,000 equipment items, range demonstrations and night demonstrations contributed to the economy of Stafford and the region.; and WHEREAS, support was provided by the Stafford Regional Airport, Sheriff’s Office, Fire and Rescue, and other County staff to make this event happen; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of congratulate and commend the Department of Defense (DoD) through the DoD Physical Security Equipment Action Group, co-sponsored by the Joint Staff, the Department of Energy, the National Institute of Justice and the Technical Support Working Group on the Force Protection Equipment Demonstration demonstration at the Stafford Regional Airport; and BE IT FURTHER RESOLVED that the Board be and it hereby does formally invite the Department of Defense (DoD) to hold the next Force Protection Equipment Demonstration (FPED VII) at the Stafford Regional Airport. Legislative; Declare that a Public Water Supply Emergency Exists. Mr. Dudenhefer motioned, seconded by Mr. Gibbons, to adopt proposed Resolution R07-366.
The Voting Board tally was: Resolution R07-366 reads as follows: A RESOLUTION TO DECLARE THAT A PUBLIC WATER SUPPLY EMERGENCY EXISTS WHEREAS, the federal government has declared that Stafford County is currently experiencing a severe drought; and WHEREAS, requests for voluntary water conservation have only resulted in a minimal reduction in average daily water demand; and WHEREAS, if water usage continues at its current level without any significant rainfall to replenish the water reservoir, there are an estimated 140 days of usable water remaining; and WHEREAS, the Board must declare that a public water supply emergency exists in order to authorize the County Administrator to implement the provisions of the Water Supply Emergency Ordinance; and NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007 that a water supply emergency exists; and BE IT FURTHER RESOLVED that the County Administrator be and he hereby is authorized to implement emergency conservation actions as established under O06-24, to include emergency water rates, established under O05-09, as necessary. Finance; Award a Contract for Consulting Services and Discuss Radio Communications System. The County Administrator commented. Discussion ensued. Legislative; Closed Meeting. At 5:16 P.M., Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Resolution CM07-24.
The Voting Board tally was: Resolution CM07-24 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 Fire & Rescue, Rescue One issues; Richard Nageotte, Route 610 and Route 17 Service District Litigation; Appeal of decision in Sunshine Home Builders v. BZA; and the Dominion Power Transmission case; Negotiating Strategies regarding the Potential Disposition of County-owned property; and two personnel matters relating to the Fire Marshal’s Office issues; and the County Administrator’s contract discussions; and WHEREAS, pursuant to Section 2.2-3711 A.1, A.3, and A.7 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 August, 2007 does hereby authorize discussions of the aforestated matters in Closed Meeting. Call to Order. At 6:13 P.M., the Chairman called the meeting back to order. Legislative; Closed Meeting Certification.. Mr. Dudenhefer motioned, seconded by Mr. Fields, to adopt proposed Resolution CM07-24a.
The Voting Board tally was: Resolution CM07-24a reads as follows:
A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD WHEREAS, the Board has, on this the 21st day of August, 2007, 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 August, 2007, 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 6:14 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. Invocation. Mr. Fields gave the Invocation. Pledge of Allegiance. Mr. Schwartz lead in the Pledge of Allegiance to the Flag of the United States of America. Presentation by Kathryn Massey, Head Start, Rappahannock United Way Early Childhood Coalition. Ms. Kathryn Massey, Head Start, Rappahannock United Way Early Childhood Coalition, made a presentation to the Board. Legislative; Presentations by the Public. Persons spoke on topics as identified:
Tom Coen - Respect. Planning and Zoning; Consider a Conditional Use Permit at 42 Blackjack Road. Ms. Andrea Hornung, Assistant Director of Planning and Zoning, gave a presentation and responded to Board members questions.
The Chairman opened a public hearing. Mr. Brito motioned, seconded by Mr. Milde, to adopt proposed Resolution R07-309.
The Voting Board tally was: Resolution R07-309 reads as follows: A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT FOR APPLICATION CUP2700265 TO ALLOW VEHICLE FUEL SALES IN AN M-1, LIGHT INDUSTRIAL, ZONING DISTRICT, AND HC, HIGHWAY CORRIDOR OVERLAY, ZONING DISTRICT, ON ASSESSOR’S PARCEL 38C-5, HARTWOOD ELECTION DISTRICT WHEREAS, Quarles Petroleum, Inc., applicant, has submitted application CUP2700265 requesting a Conditional Use Permit to allow vehicle fuel sales in an M-1, Light Industrial, Zoning District, and 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 M-1, Light Industrial, 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 21st day of August, 2007, that a Conditional Use Permit pursuant to application CUP2700265 be and it hereby is approved with the following conditions: The Conditional Use Permit is to permit the operation of an unattended vehicle fuel station on Assessor’s Parcel 38C-5, proposed Lot 5A. Development of the site shall be in general conformance with the General Development Plan in Exhibit 1 entitled “Quarles Petroleum Inc. Lot 5A – Taylor Bott Industrial Park”, dated 6/18/07. The fuel canopy shall be consistent with the architectural elevations in Exhibit 2, dated 11/2/06. Lighting for the facility shall be directed downward and inward on the site to prevent glare on I-95. Canopy lighting shall be recessed within the canopy. Vegetation on-site shall not impede sight distance from the adjacent ingress-egress easement onto Blackjack Road. A landscape buffer, approximately 20’ in width shall be provided along the rear of the site adjacent to I-95 as shown on the GDP, and shall include a mix of evergreen and deciduous tress. An oil/water separator or its technological equivalent shall be utilized for the fuel station and maintained by the owner. Pavement markings or signage shall be utilized to indicate direction of traffic flow. If building permits are not obtained within 3 years from the date of approval, this Conditional Use Permit shall expire. This Conditional Use Permit may be revoked or conditions amended by the Board of Supervisors for violation of these conditions or any applicable county, federal, or state codes. Planning and Zoning; Amend and Reordain the Zoning Ordinance to Reclassify from B-1, Convenience Commercial, and M-1, Light Industrial, to B-2, Urban Commercial, 1.13 Acres at 21 Cool Spring Road. Ms. Andrea Hornung, Assistant Director of Planning and Zoning, gave a presentation and responded to Board members questions.
The Chairman opened a public hearing. Mr. Fields motioned, seconded by Mr. Milde, to defer proposed Ordinance O07-59.
The Voting Board tally was: Planning and Zoning; Change Development Fees. Ms. Kathy Baker, Assistant Director of Planning and Zoning, gave a presentation and responded to Board members questions.
The Chairman opened a public hearing. Mike Neuhard, Deputy County Administrator, commented further. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Ordinance O07-61 with a change.
The Voting Board tally was: Ordinance O07-61 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN DEVELOPMENT APPLICATION FEES FOR SERVICES PROVIDED BY THE WHEREAS, the Board is authorized by the Code of Virginia to set reasonable fees and charges for the development review services provided by the Departments of Code, Utilities, Fire and Rescue, and Planning and Zoning; and WHEREAS, the Board acknowledges that the fees for these services should be current with the costs for the services provided by the County in reviewing and processing such applications; and WHEREAS, the Board desires to set the fees for these services to be commensurate with the services provided by the County in reviewing and processing such applications; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that the schedule of fees for development review services listed below and provided by the Departments of Finance, Utilities, Fire and Rescue, and Planning and Zoning be and they hereby are amended and reordained as follows: Service Current Fee Proposed Fee
Erosion & Sediment E&S/SWM Plan Review
Preliminary Subdivision $100+contractor’s review $200+contractor’s review
Stormwater Management $100+contractor’s review $200+contractor’s review
Subdivision Construction $100+contractor’s review $200+contractor’s review
Major Site Plan $100+contractor’s review $200+contractor’s review
Grading Plan $100+contractor’s review $200+contractor’s review
Stormwater Management Fire and Rescue Development Plan Review
Preliminary Subdivision Plan
Subdivision Construction Plan
Major Site Plan
Major Site Plan $154.73 $500
Preliminary Site Plan $67.41 $500
Preliminary Subdivision
Subdivision Construction
Final Subdivision Plat $67.41 $250
Family Subdivision Plat $33.70 $125 Rezoning $67.41 $85 Conditional Use Permit $16.85 $85
Securities Contract Establish File $175 Eliminated Security Reduction $150 $300 Release $150 Eliminated Extension $125 Eliminated Substitution of Security $125 Eliminated Replacement of Security $325 $500 If the amount of security required is less than $10,000 for erosion and sediment control on building lots, the following fees are established:
Securities Contract If the amount of security required is greater than $10,000 for erosion and sediment control on building lots, the follow fees are established:
Securities Contract Establish File $50 Eliminated Release $50 Eliminated
Conditional Use Permit $7,500 + ($100/Acre >5) $9,375 + ($125/Acre>5) Appeal/Waiver to BOS $1,800 + $700/Provision $2,250 + $850/Provision Rezoning (Regular) $10,000 + ($100/Acre > 5) $12,500 + ($125/Acre>5) Rezoning (<5 acres) $3,500 $4,375 Proffer Amendment $8,000 + ($20/Acre > 5) $10,000 + ($25/Acre>5)
Rezoning (Planned
Proffer Amendment Private Access Easement $2,000 $2,500 R-O-W Abandonment $3,600 $4,500 Plat Vacation $150 $150 Subdivision Waivers $600 + ($400/Provision) $750 + ($500/Provision)
Major Subdivision Plat $1,500 + ($100/Lot) $1,875 + ($125/Lot)
Minor Subdivision Plat $1,000 + ($100/Lot) $1,250 + ($125/Lot)
Family Subdivision $800 $1,000
Subdivision Boundary Dedication Plat $850 $1,050 Cluster Concept Plan $1,500 + ($100/Lot) $1,875 + ($125/Lot)
Preliminary
Preliminary
Subdivision
Infrastructure Plan N/A $3,750
Major Site Plan $6,000 + $7,500 +
Minor Site Plan $650 $800
Preliminary Site Plan $1,500 + ($140/Acre) $1,875 + ($250/Acre)
Certificate of Wetlands Permit $675 $675
Grading Plan $5,750 $7,200
Minor Grading Plan N/A $2,400 Major Plan/Plat Revision $3,500 $4,375 Minor Plan/Plat Revision $250 $500 Street Name Change $2,000 $2,500 Traffic Safety Request $50 $65
Perennial Flow Review
Perennial Flow Analysis N/A $500
Major Water Quality N/A $500 RPA Waiver Request N/A $200
RPA Mitigation/Restoration N/A $200
Departure from
Alternative Compliance
Comprehensive Plan
Comprehensive Plan N/A $300 Planning Application Refunds Conditional Use Permits and Rezonings: If an application is withdrawn prior to the first public hearing, fifty (50) percent of the amount of the application fee may be refunded to applicant. If an application is withdrawn after the first public hearing, the application fee is non-refundable. Plan and Plat Applications: If an application is withdrawn prior to completion of first review, fifty (50) percent of the total fee amount paid will be refunded. If an application is withdrawn after completion of the first review, the application fee is non-refundable. BE IT FURTHER ORDAINED that staff will provide an invoice to the applicant listing charges for reviews based on hourly fees; and BE IT FURTHER ORDAINED that this ordinance shall take effect on September 10, 2007; and BE IT FURTHER ORDAINED that the fees included in this ordinance that were previously referenced in Ordinance O04-30 and Ordinance O05-27, and such sections of those ordinances be and they are hereby rescinded. Planning and Zoning; Consider an Amendment to the Land Use Plan Component of the Comprehensive Plan. Ms. Kathy Baker, Assistant Director of Planning and Zoning, gave a presentation and responded to Board members questions.
The Chairman opened a public hearing. Mr. Cavalier motioned, seconded by Mr. Milde, to adopt proposed Resolution R07-311. Discussion ensued.
The Voting Board tally was: Resolution R07-311 reads as follows: A RESOLUTION TO ADOPT AN AMENDMENT TO THE LAND USE PLAN COMPONENT OF THE COMPREHENSIVE PLAN WHEREAS, amending the Land Use Plan designation on various parcels to Park Land would reflect the current and future land use needs in the County; and WHEREAS, the existing park facilities have changed the composition of land use in certain areas; and WHEREAS, the Board has acknowledged the need for additional park facilities throughout the County; and WHEREAS, it would appear that future development in this area would not reflect the current land uses; and WHEREAS, the Planning Commission held a public hearing and recommended that the Land Use Plan be amended to change the land use classification; and WHEREAS, the Board has determined that the requested Land Use Plan amendment is compatible with the current and future land uses and will guide and accomplish a coordinated development pattern that promotes the health, safety, and welfare of the residents in the County; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that the Land Use Plan component of the Comprehensive Plan be and it hereby is amended to designate existing and proposed park facilities as Park Land as depicted on the Land Use Map revision dated July 30, 2007. Legislative; Refer to the Planning Commission to Include the Lane Along the Rappahannock Rive in the Land Use Plan of the Comprehensive Plan. Mr. Brito motioned, seconded by Mr. Milde, to refer to the Planning Commission the land along the Rappahannock River to be designated in the Land Use Plan of the Comprehensive Plan with regard to the Conservation Easement.
The Voting Board tally was: Finance; Consider Amendments to the FY2007 Budget Related to Bond Sales. Ms. Maria Perrotte, Chief Financial Officer, gave a presentation and responded to Board members questions.
The Chairman opened a public hearing. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-302.
The Voting Board tally was:
A RESOLUTION TO BUDGET AND APPROPRIATE ADDITIONAL WHEREAS, certain activities related to the receipt of bond proceeds and the payment of capitalized interest in the amount of $1,375,916 have transpired in the General Projects Capital Projects Fund which need to be recorded in the General Fund; and WHEREAS, certain activities related to the receipt of bond proceeds and the repayment of interim Commercial Paper in the amount of $2,715,000 have transpired in the General Projects Capital Projects Fund which need to be recorded in the General Fund; and WHEREAS, certain activities related to the receipt of Virginia Public School Authority proceeds related to a debt service credit resulting from a refunding of VPSA bonds in the amount of $1,438,200 have transpired in the General Fund and need to be correctly accounted for; and WHEREAS, adjustments to the budgets of the General Fund and the General Capital Projects Funds are needed in order to record these transaction appropriately; and WHEREAS, a public hearing on the proposed amendment to the budget was held August 21, 2007, as required by Section 15.2-2507 of the Code of Virginia (1950), as amended; 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 August, 2007, that the County Administrator be and he hereby is authorized to budget and appropriate funds in FY2007 as follows:
GENERAL CAPITAL PROJECTS FUND:
GENERAL FUND:
The Chairman opened a public hearing. Mr. Schwartz motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution R07-286.
The Voting Board tally was: Resolution R07-286 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the Board has the authority to enter into an agreement with the Virginia Department of Transportation (VDOT) under Section 33.1-375.1(D), Va. Code Ann.; and WHEREAS, the Board is concerned about the proliferation of illegal signs within VDOT rights-of-way; and WHEREAS, the Board has determined that entering into an agreement with VDOT for the removal of illegal signs within VDOT rights-of-way will promote a more attractive community; and WHEREAS, the Board has considered the recommendation of staff and the testimony at the public hearing; and WHEREAS, the Board feels that the public health, safety and welfare requires the proposed sign removal program be adopted; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, that the County Administrator be and he hereby is authorized to execute an Agreement with the Virginia Department of Transportation under Section 33.1-375.1(D) Va. Code Ann., to adopt a County sign removal program, and designate the County Administrator, or his designee, to be the County’s responsible party for enforcement under this Agreement. Finance; Award A Contract for Consulting Services and Discuss Radio Communications System. Mr. Wayne Stack, RCC Consultants, gave a presentation and responded to Board members questions. Mr. Gibbons motioned, seconded by Mr. Milde, to adopt proposed Resolution R07-293. Discussion ensued.
The Voting Board tally was: Resolution R07-293 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the County radio communication system currently in use by public safety agencies and the County in general is in need of immediate replacement; and WHEREAS, multiple factors contribute to the lack of reliability of the current system, such as inadequate coverage, television station interference, and lack of inoperability with certain neighboring jurisdictions; and WHEREAS, this lack of communication reliability is a matter of life and death and a safety issue for first responders, as well as the health, safety, and property of County citizens; and WHEREAS, the County solicited proposals for the design, delivery, installation, and testing of a 700 MHz Countywide digital radio system (the “System”); and WHEREAS, the County has reviewed the proposals received and recommends that the Board enter into an agreement with Motorola, Inc for the System; and WHEREAS, the estimated cost of the proposed Motorola contract for the System is $23,804,779; and WHEREAS, the County reasonably anticipates a financing plan will be submitted to the Board for consideration and approval in approximately 60 days; and WHEREAS, the Board desires to continue to retain the services of RCC Consultants, Inc. to provide technical expertise, project management assistance, and vendor oversight; and WHEREAS, the contract with RCC Consultants, Inc. is not to exceed $259,428 annually, with two one-year renewals; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August 2007 that the County Administrator be and he hereby is authorized to 1) express the County’s intent to enter into an agreement with Motorola for the radio communications system subject to financing; 2) approve and execute a contract with RCC Consultants, Inc. in an amount not to exceed Two Hundred Fifty-nine Thousand Four Hundred Twenty-eight Dollars ($259,428) annually, and to take all other actions necessary to implement the contract; and 3) appropriate $259,428 from Fund Balance with the expectation that once project financing is arranged, the General Fund will be reimbursed with proceeds from the financing; and BE IT FURTHER RESOLVED that the Board has determined that it may be necessary or desirable to advance money to pay the costs of consulting services. Declaration of intent to reimburse costs of the Project through one or more financings: 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of the System from the proceeds of one or more financings. The maximum amount of financing expected to be issued for the System is $31,000,000 with $259,428 identified as the first year cost of the RCC Consultants, Inc contract. 3. This resolution shall take effect immediately upon its adoption. Legislative; Closed Meeting. At 8:50 P.M., Mr. Brito motioned, seconded by Mr. Fields, to adopt proposed Resolution CM07-25 .
The Voting Board tally was: Resolution CM07-25 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 one personnel matter relating to the County Administrator’s contract discussions; and WHEREAS, pursuant to Section 2.2-3711 A.1 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 August, 2007, does hereby authorize discussions of the aforestated matters in Closed Meeting. Call to Order. At 9:10 P.M., the Chairman called the meeting back to order. Legislative; Closed Meeting Certification.. Mr. Gibbons motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution CM07-25a.
The Voting Board tally was: Resolution CM07-25a reads as follows:
A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD WHEREAS, the Board has, on this the 21st day of August, 2007, 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 August, 2007, 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; Authoize the Chairman of the Board to Execute the Employment Contract Dated August 21, 2007 with Anthony J. Romanello. Mr. Gibbons motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution R07-356.
The Voting Board tally was: Resolution R07-356 reads as follows: A RESOLUTION TO AUTHORIZE THE CHAIRMAN OF THE BOARD OF SUPERVISORS TO EXECUTE THE EMPLOYMENT CONTRACT DATED AUGUST 21, 2007 WITH ANTHONY J. ROMANELLO WHEREAS, the Stafford County Administrator, Steve Crosby, has announced his intention to retire; and WHEREAS, the Board has conducted a thorough search to find a qualified individual to be appointed County Administrator for Stafford County; and WHEREAS, the Board has agreed to appoint Anthony J. Romanello as County Administrator, effective January 1, 2008; and WHEREAS, satisfactory terms of an Employment Agreement between the Board and Anthony J. Romanello have been negotiated; and WHEREAS, the Employment Agreement provides for an initial salary of $155,101.00 with an $800.00 per month car allowance, a contribution to Anthony J. Romanello’s 457 Deferred Compensation Plan in the maximum amount allowed by law, and a severance payment of up to twelve months’ salary and benefits if the employment is terminated by the Board; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of August, 2007, the Chairman is authorized to sign the Employment Agreement dated August 21, 2007 with Anthony J. Romanello to take effect January 1, 2008.
Legislative; Amend the County Administrator Steve Crosby’s Employment Agreement. Mr. Gibbons motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution
The Voting Board tally was: Resolution R07-377 reads as follows: A RESOLUTION TO AMEND THE COUNTY ADMINISTRATOR STEVE CROSBY’S EMPLOYMENT AGREEMENT WHEREAS, the County Administrator Steve Crosby has an Employment Agreement with the Stafford County Board of Supervisors; and WHEREAS, the Employment Agreement specifies that his term as Count |