BOARD OF SUPERVISORS
COUNTY OF STAFFORD
STAFFORD, VIRGINIA
MINUTES
Annual Meeting
January 9, 2007
Call to Order. An Annual Meeting of the Stafford County Board of Supervisors was called to order by Robert C. Gibbons, Chairman, at 1:02 P. M., Tuesday, January 9, 2007, in the Board Chambers, Stafford County Administration Center.
Roll Call. The following members were present; M. S. ‘Joe’ Brito; Jack R. Cavalier; Mark Dudenhefer; Peter J. Fields, Robert C. Gibbons; Paul V. Milde III and George H. Schwartz.
Also in attendance were: Steve Crosby, County Administrator; Joe Howard, County Attorney; and Marty Y. Beard, Chief Deputy Clerk.
Legislative; Election of Chairman. The Chairman opened the nominations.
Mr. Gibbons motioned, seconded by Mr. Dudenhefer, to nominate Mr. Cavalier for Chairman.
Hearing no objections from the Board, the nominations were closed.
By Roll Call, the vote on the nomination for Mr. Cavalier for Chairman was:
Yea: (6) Cavalier, Dudenhefer, Gibbons, Milde, Schwartz, Brito
Nay: (1) Fields
The Chairman announced that Mr. Cavalier had been elected as Chairman.
Mr. Cavalier assumed the Chair.
Legislative; Election of Vice Chairman. The Chairman opened the nominations.
Mr. Cavalier motioned, seconded by Mr. Milde, to nominate Mr. Dudenhefer for Vice Chairman.
Hearing no objections from the Board, the nominations were closed.
By Roll Call, the vote on the nomination for Mr. Dudenhefer was:
Yea: (6) Dudenhefer, Gibbons, Milde, Schwartz, Brito, Cavalier
Nay: (1) Fields
The Chairman announced that Mr. Dudenhefer had been elected as Vice Chairman.
Recess. At 1:04 P.M., the Chairman declared a recess.
Call to Order. At 1:10 P.M., the Chairman called the meeting back to order.
Legislative; Adopt By-laws and Rules of Procedure. Mr. Gibbons motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution R07-01.
The Voting Board tally was:
Yea: (7) Fields, Gibbons, Milde, Schwartz, Brito, Cavalier, Dudenhefer
Nay: (0)
Resolution R07-01 reads as follows:
A RESOLUTION TO ADOPT THE BY-LAWS AND RULES
OF PROCEDURE FOR CALENDAR YEAR 2007
WHEREAS, the Board, at its annual meeting, shall adopt By-Laws and Rules of Procedure;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that the 2007 By-Laws and Rules of Procedure, attached hereto, be and they hereby are adopted.
2007
BY-LAWS AND RULES OF PROCEDURE
BOARD OF SUPERVISORS
COUNTY OF STAFFORD
STAFFORD, VIRGINIA
INDEX
2007
BY-LAWS AND RULES OF PROCEDURE
STAFFORD COUNTY BOARD OF SUPERVISORS
PAGE
Section 1 - Meetings
Section 1-1 Annual organizational meetings……………………….. 1
Section 1-2 When regular meetings held.........………........….......... 1
Section 1-3 Special meetings.............................................................. 1
Section 1-4 Quorum and method of voting......................................... 1
Section 2 - Officers
Section 2-1 Chairman and Vice Chairman........................................... 2
Section 2-2 Preservation of order.... .........................................…........ 2
Section 2-3 Chairman may administer oaths...........................….......... 2
Section 2-4 Parliamentarian...............................................…............... 3
Section 2-5 Clerk ...........................................….................................... 3
Section 3 - Conduct of Business
Section 3-1 Order of business........... .....................................…........... 3
Section 3-2 Consent agenda...........……................................................ 4
Section 3-3 Motions........................…................................................... 5
Section 3-4 Appeal to Board...........….......................................……… 5
Section 3-5 Suspending rules...............................….............................. 5
Section 4 - Public Hearings
Section 4-1 Chairman to conduct public hearings................................ 6
Section 4-2 Hearing presentations....................................................... 6
Section 4-3 Order of public hearings................................................... 6
Section 4-4 Members’ participation..................................................... 6
Section 4-5 Close of hearing............................................................... 7
Section 4-6 Debate............................................................................. 7
Section 5 - Agenda
Section 5-1 Preparation...................................................................... 7
Section 5-2 Minutes....................................................…………....... 8
Section 6 - General Operating Policy
Section 6-1 Actions by individual members of the Board................... 8
Section 6-2 Legal action...................................................................… 8
Section 6-3 Discussion of zoning and land use matters........................ 8
Section 6-4 Polling Procedure............................................................... 9
Section 7 -- Amendments
Section 7-1 Amendments to the By-Laws and Rules of Procedure...... 9
BY-LAWS AND RULES OF PROCEDURE
STAFFORD COUNTY BOARD OF SUPERVISORS
Section 1 -- Meetings
Section 1-1 Annual organizational meetings
A. The first January meeting of each year shall be known as the annual meeting.
B. The Chairman shall be elected at the annual meeting for a term of one year. The Chairman shall serve until his successor has been elected. The Chairman may succeed himself in office.
C. Following his election, the Chairman shall assume the Chair and conduct the election of the Vice Chairman.
D. No member shall serve as Chairman or Vice Chairman for more than two consecutive years.
E. Following the election of the Vice Chairman, the Board shall:
1. Establish days, times and places for its regular meetings; and
2. Adopt its By-Laws and Rules of Procedure.
Section 1-2 When regular meetings held
Whenever the regularly scheduled meeting date falls on a legal holiday, the regular meeting shall be held on the following day in accordance with § 15.2-1416 of the Code of Virginia (1950), as amended. The Chairman may cancel any meeting because of inclement weather or disaster and should reschedule any cancelled meeting at the earliest possible date.
Section 1-3 Special Meetings
The Board may hold such special meetings as it deems necessary at such times and places, as it may find convenient; and it may adjourn from time to time. A special meeting of the Board shall be called pursuant to Section 15.2-1418 of the Code of Virginia (1950), as amended. Notice to the public of any special meeting shall be given contemporaneously with the notice provided to the members of the Board and the County Attorney.
Section 1-4 Quorum and method of voting
A. A quorum shall consist of a majority of the members of the Board of Supervisors.
B. At meetings of the Board, the presiding officer shall announce which members are absent and the reasons for their absence, if known. Such announcement shall be made immediately after the roll call of members; or, if a member leaves after the roll call, as soon as practicable thereafter. Any absences and the reasons therefore also shall be recorded in the minutes of the meeting.
C. All questions submitted to the Board for decision shall be voted using the electronic voting board. Any member may request a roll call vote. A green light represents a "Yea" vote and a red light represents a "Nay" vote. The Chairman shall call for the vote and each member shall cast his vote via the electronic voting board. The Chairman shall then call for the Clerk to close the vote. Upon closing the vote, the Clerk shall display the vote as directed by the Chairman. Upon the display of the vote, the Chairman shall announce the vote.
D. It shall be the duty of every member to vote on issues before the Board of Supervisors. If a member must abstain, he shall state his reason for abstaining for the record. If an abstention occurs, it shall be the responsibility of the Chairman to have the reason for the abstention noted in the official record, if a reason is requested by any member of the Board.
E. A tie vote fails, however, if all members are not present, the question shall be passed by until the next meeting when it shall again be voted upon by the absent member even if all other members are not present. Any member casting a vote due to a tie vote at a previous meeting may request debate on each side of the issue. Said debate shall be limited to three (3) minutes per person.
Section 2 -- Officers
Section 2-1 Chairman and Vice Chairman
The Chairman shall preside at all meetings of the Board of Supervisors. The Vice Chairman serves in the absence of the Chairman. In the absence from any meeting of both the Chairman and the Vice Chairman, the members present shall choose one of their members as a temporary Chairman. The Chairman shall make all appointments to Board of Supervisors' committees. Substitutes or alternates may participate only if so authorized by the Chairman.
Section 2-2 Preservation of order
At meetings of the Board, the presiding officer shall preserve order and decorum.
Section 2-3 Chairman may administer oaths
The Chairman shall have the power to administer an oath to any person concerning any matter submitted to the Board or connected with its powers and duties.
Section 2-4 Parliamentarian
Except as modified herein or as provided by law, the most current edition of Robert's Rules of Order shall be the parliamentary authority of the Board of Supervisors using the Rules for small bodies. The County Attorney shall act as Parliamentarian to the Board. Any questions involving the interpretation or application of Robert's Rules of Order shall be addressed to the County Attorney. If the County Attorney is unavailable, the County Administrator shall serve as the Parliamentarian.
Section 2-5 Clerk
The Clerk of the Board shall be the County Administrator as set out in Sections 15.2-1538 and 15.2-1539 of the Code of Virginia (1950), as amended.
Section 3 -- Conduct of Business
Section 3-1 Order of business
A. At the Board's first meeting of the month, the order of business shall be generally as follows:
call to order (1:00 p.m.)
roll call of members
announcement of absences
presentations by the public-I
presentations and committee reports by
members of the Board in rotation
report of the Superintendent of Schools
report of the County Attorney
report of the County Administrator
consent agenda
unfinished business
new business
items added by Board members
closed meeting (if necessary)
recess
invocation (7:00 p.m.)
Pledge of Allegiance
presentations by the public-II
public hearings
media time
adjournment
B. At the Board's second meeting of the month, the order of business shall be generally as follows:
call to order (1:00 p.m.)
roll call of members
announcement of absences
work session
report from VDOT (quarterly)
recess
invocation (7:00 p.m.)
Pledge of Allegiance
presentations by the public
public hearings
consent agenda
closed meeting (if necessary)
media time
adjournment
C. The above order of business and times may be modified by the County Administrator should there not be an evening portion of the meeting, or for presentations by VDOT, the Sheriff, etc., and appointments which are occasional in nature.
D. Presentations and committee reports by Board members are limited to five (5) minutes each. It shall be the responsibility of the Chairman to enforce this rule.
E. Presentations by the public are governed by the following rules:
1. Comments by the public shall be limited to three (3) minutes for individuals and five (5) minutes for groups.
2. Any person who speaks during the day public presentation portion of the meeting shall not be permitted to speak during the evening period.
3. Though encouraged to complete a speaker's card in advance for record purposes, any person wishing to speak may do so without completion of a speaker card.
F. No action shall be taken on any committee report unless it is time sensitive. All action shall be scheduled for the next regular agenda.
Section 3-2 Consent agenda
A. The consent agenda shall be introduced by a motion "to approve the consent agenda," and shall be considered by the Board as a single item.
B. There shall be no debate or discussion by any member of the Board regarding any item on the consent agenda.
C. The warrant register and specific items that involve the expenditure of funds which have been approved in the annual County budget may be placed on the consent agenda.
D. The appointment of individuals to County boards, authorities, commissions, and committees to at-large positions may be placed on the consent agenda, provided that the names and necessary biographical information of the nominees, including education, are provided to the Board as a part of its package prior to the meeting at which the appointment is to occur.
E. The acceptance of grants from federal or state agencies and flow-through funds awarded to county entities, departments and agencies may be placed on the consent agenda.
F. The acceptance of property or the ratification of the purchase of property previously authorized by the Board of Supervisors may be placed on the consent agenda.
Section 3-3 Motions
A. No motion shall be discussed prior to being duly seconded in accordance with these By-laws.
B. The Chairman may make a motion without relinquishing the chair.
C. No member may speak more than twice to the same motion. No member may speak a second time on a motion until every member desiring to speak has spoken.
D. A substitute motion shall be allowed to any motion properly on the floor. It shall have precedence over an existing motion and may be discussed prior to being voted on. If a vote on the substitute motion does not dispose of the former motion, the former motion must then be voted. Once a substitute motion is voted upon, a second substitute motion may be made. No more than two (2) substitute motions may be made.
Section 3-4 Appeal to Board
Any member of the Board may appeal to the Board from the decision of the Chairman on any question of order or the interpretation of these By-laws. A majority vote of those present is necessary to overrule the Chairman. No second is required on a member's appeal.
Section 3-5 Suspending rules
One or more of these By-Laws and Rules of Procedure may be suspended with the concurrence of two-thirds of the members present.
Section 4 -- Public Hearings
Section 4-1 Chairman to conduct public hearings
The Chairman shall conduct all public hearings.
Section 4-2 Hearing presentations
Hearings may begin with a brief presentation from a staff member and/or representative from the cognizant board, authority, commission or committee by recognizing the County Administrator. The presentation shall summarize the facts about the issue. Board members' inquiry during the staff’s presentation shall be limited to questions about the issue. Discussion or debate about the merits of the proposal shall occur after the close of the public hearing.
Section 4-3 Order of public hearings
The order of public hearings shall be as follows:
A. The Chairman shall open the public hearing.
B. The applicant or his representative shall be the first speaker(s). There shall be a time limit of five (5) minutes for the applicant's or his representative's presentation, unless extended by the Chair. Any and all representations made by the applicant or his representative to the County on the record during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the County.
C. The Chairman shall then solicit comments from the public. Each speaker must clearly state his name and address. There shall be a time limit of three (3) minutes for each individual speaker. If the speaker represents a group, there shall be a time limit of five (5) minutes.
D. After public comments have been received, the applicant or the representative of the applicant, at his discretion, may respond with further information. There shall be a five (5) minute time limit for rebuttal.
E. Upon the conclusion of the applicant's comments, the Chairman shall close the public hearing.
Section 4-4 Members’ participation
Board members shall withhold their comments in public hearings to ensure participation by the public without Board interference.
Section 4-5 Close of hearing
When a public hearing has been closed by the Chairman, no further public comments shall be permitted. Board members, however, may direct questions to the applicant, the representative of the cognizant board, authority, commission, committee or a staff member for clarification prior to taking any vote, if a vote is in order.
Section 4-6 Debate
Following the close of the public hearing, the Chairman entertains a motion and a second to dispose of the issue and the Board may debate the merits of the issue.
Section 5 -- Agenda
Section 5-1 Preparation
A. The Clerk shall prepare an agenda for each regular and special meeting conforming to the order of business specified in Section 3-1(A) entitled "Order of Business". The County Administrator shall coordinate the scheduling of items on the agenda with the Chairman. The Chairman will schedule the topics for the work sessions on the second monthly meeting and special meetings as necessary.
B. Board members may request that items be placed on the agenda, for discussion, by contacting the County Administrator at least seven (7) business days prior to the Board meeting for which they wish the item scheduled. No such item shall be removed without the consent of the requesting Board member. At the Board’s direction, and after it has considered the item, the County Administrator shall place the item on the agenda for the first meeting of the month following the request. When proclamations are requested by a Board member, the County Administrator shall place the name of the requesting Board member on the agenda.
C. All items requested to be placed on the agenda, which have not been submitted within the prescribed deadline, shall be placed on the next regular agenda for consideration.
D. Appointments may be placed on the agenda for consideration at any time, provided that no appointments shall be made prior to the annual meeting of the Board for a term beginning on January 1st of the calendar year. All appointments shall be made between the annual meeting and March 31, 2006. This restriction does not preclude appointments when vacancies occur or when new boards, authorities, commissions and committees are created.
E. Any matter not on the scheduled agenda may be heard provided that such a request is in the form of a motion, duly seconded and voted upon by a majority of the Board. Any such matter must be of an emergency nature, vital to the continued proper and lawful operation of the County.
Section 5-2 Minutes
The Clerk of the Board shall prepare and maintain adequate minutes of the proceedings of the Board in accordance with the requirements of the Code of Virginia (1950), as amended. Each recorded vote shall indicate how each member of the Board voted. Preparation of minutes will not include every aspect of the Board's meetings relating specifically to discussion and debate, but will include all significant events relating to official action. Minutes shall be included as part of the agenda package for the subsequent meeting of the Board.
Section 6 -- General Operating Policy
Section 6-1 Actions by individual members of the Board
A. It shall be the policy of the Board that no one member shall exert individual action or direct any County employee, or any board, authority, commission or committee of the Board, to initiate any action that would require a County employee to perform any action contrary to the laws, ordinances or policies of Stafford County or which would require the expenditure of public funds in any amount without the approval of the Board. It shall further be the policy that when any Board member writes a letter or memorandum expressing his views, that he place on the same document the following, if appropriate:
This letter, memorandum or document represents only the views of the writer or writers and does not necessarily represent the views of any other member of the Board of Supervisors or the Board of Supervisors as the governing body of Stafford County, Virginia.
B. It is anticipated and expected that a member cast a vote, or otherwise take official action, which is consistent with the position taken by the Board, as expressed in an official vote, while acting on any other board, authority, commission, committee, or other legal entity. By accepting the nomination, the nominee agrees to the adherence of these By-Laws.
Section 6-2 Legal action
The Board members, the County Administrator, the County Attorney and any other public official are required to advise the Board prior to filing any civil suit that involves the County. The Building Official, the Zoning Administrator and/or the Fire Marshal, when appropriate, may seek injunctive relief in accordance with the procedures set forth by the County Administrator and the County Attorney.
Section 6-3 Discussion of zoning and land use matters
Board of Supervisors' members shall not engage in discussions or negotiations with applicants on zoning or land use matters prior to the Planning Commission's referral of the matter to the Board of Supervisors.
Section 6-4 Polling Procedure
The County Administrator or his designee may separately contact members of the Board of Supervisors for the purpose of ascertaining a member’s position with respect to
public business, provided the contact does not constitute a meeting as defined in
§2.2-3701 of the Code of Virginia.
Section 7 -- Amendments
Section 7-1 Amendments to the By-Laws and Rules of Procedure
The By-Laws and Rules of Procedure may be amended as necessary by majority vote of the Board.
Legislative; Presentation of Proclamation to Declare the Week of January 22-26, 2007 as Customer Service Awareness Week. The Chairman presented the proclamation.
Presentations by the Public – I. The following persons spoke on the topics identified:
Patrick Walsh - Pump and haul fees.
John Zucco - Pump and haul fees.
James Kettle - Pump and haul fees.
Marr Snyder - Heather Hills Subdivision.
Art Hart - Election of Chairman and Vice Chairman.
- Tri-County/City Soil and Water Conservation District.
- Conservation Easements.
- Erosion.
Lou Silver - Congratulations to Board members; busy year ahead.
- Students and different languages.
- Conservation Easements.
Laura Sdao - Pump and Haul fees.
Legislative; Report of the Superintendent of Schools. Dr. Andre’ Nougaret, Interim Division Superintendent of Schools, gave a presentation on current school issues and responded to Board members questions.
Presentations and Committee Reports by Board Members. Board members spoke on topics as identified:
Mr. Brito - Expressed hope for a good year.
- Commended Silver Companies.
- School Strategic Plan Committee.
- Rocky Pen Run Reservoir; use for generating electricity.
Mr. Dudenhefer - 2007 challenges.
- Transportation.
- Requested forum of legislators to discuss long and short-term road issues in Stafford County.
- Construction on Garrisonville Road.
Mr. Fields - Holidays.
- Remove 4a from Consent Agenda.
- Stormwater utility issues; requested work session.
Mr. Gibbons - Commented on 2006.
- Garrisonville Road construction.
- State Corporation Commission public hearing on Dominion Virginia Power easement.
- Causey winery.
- Hunting permits.
- Virginia Railway Express.
Mr. Milde - Thanked Mr. Gibbons for service as Chairman.
- Expressed job in his job.
- Mary Washington Hospital meetings.
- Brooke Post Office.
- Aquia Town Center.
- Hills of Aquia erosion.
- Elected to the Virginia Railway Express Operations Board..
Mr. Milde motioned, seconded by Mr. Gibbons, to request that staff further review the Erosion and Sediment Control Ordinance to strengthen its measures.
The Voting Board tally was:
Yea: (7) Milde, Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons
Nay: (0)
Board Presentations (Cont’d):
Mr. Milde - Attended Potomac and Rappahannock Transportation Commission Meeting.
- Impact fees.
- Removed items 4c, 5, and 6 from Consent Agenda.
- Control growth, levels of service and transportation are priorities.
Mr. Schwartz - No comments.
Mr. Cavalier - Thanked Mr. Gibbons for service and leadership.
- Thanked Board for office of Chairmanship.
- Comprehensive Plan.
- Transportation is highest priority.
- Bond referendum.
- Fredericksburg-Stafford Park Authority.
- Budget process.
- Elimination of car decal.
Report of the County Attorney. Mr. Joseph L. Howard, County Attorney, commented on the following:
- Congratulations to Mr. Cavalier and Mr. Dudenhefer on leadership positions.
- Added two personnel items to Closed Meeting.
Report of the County Administrator. Mr. Steve Crosby, County Administrator, commented on the following:
- Happy New Year.
- Congratulated Chairman and Vice Chairman.
- Appreciation to Mr. Gibbons and Mr. Cavalier for 2006.
- Additions to Consent Agenda.
Legislative; Additions/Deletions to the Regular Agenda. Mr. Gibbons motioned, seconded by Mr. Milde, to add item 8A to the Regular Agenda.
The Voting Board tally was:
Yea: (7) Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde
Nay: (0)
Legislative; Consent Agenda. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt the Consent Agenda consisting of Items 2 thru 8A omitting items 4a, 4c, 5 and 6.
The Voting Board tally was:
Yea: (7) Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz
Nay: (0)
Item 2. Legislative; Approve Minutes of Board Meeting. Regular Meeting of December 5, 2006.
Item 3. Finance; Approve Expenditure Listings
Resolution R07-08 reads as follows:
A RESOLUTION TO APPROVE EXPENDITURE LISTING (EL)
DATED DECEMBER 19, 2006 THROUGH JANUARY 8, 2007
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 9th day of January 2007, that the above-mentioned EL be and it hereby is approved.
Item 4b. Utilities; Amend Pro-Rata Fees
Resolution R07-11 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO ADVERTISE A PUBLIC HEARING TO AMEND AND READOPT WATER AND SEWER PRO RATA FEES
WHEREAS, the Board desires to consider a change in the water and sewer pro rata fees; and
WHEREAS, the Board desires to consider public comments concerning the proposed fee changes:
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that the County Administrator be and he hereby is authorized to advertise for a public hearing on February 6, 2007, for the purpose of amending and readopting fees providing for water and sewer pro rata fees.
Item 7. Budget; Budget and Appropriate Proffer Funds for School Construction Projects
Resolution R07-20 reads as follows:
A RESOLUTION TO BUDGET AND APPROPRIATE PROFFER
FUNDS FOR SCHOOL CONSTRUCTION PROJECTS
WHEREAS, the School Board also has requested the appropriation of proffer funds for School Construction Projects; and
WHEREAS, School proffers totaling $438,339 are available;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that the County Administrator be and he hereby is authorized to budget and appropriate proffer funds as follows:
GENERAL FUND
Transfer to the School Construction Fund $438,339
SCHOOL CONSTRUCTION FUND $438,339
Item 8. Public Services; Support for a Break in Limited-Access for the Garrisonville Road Commerce Bank Site
Resolution R07-22 reads as follows:
A RESOLUTION ENDORSING A BREAK IN THE COMMONWEALTH TRANSPORTATION BOARD'S LIMITED-ACCESS RIGHT-OF-WAY
ON GARRISONVILLE ROAD (SR-610) FOR PARCELS 21-26A AND
21-26D
WHEREAS, to facilitate access to Tax Map Parcels 21-26A and 21-26D, the developer of the Commerce Bank site seeks a break in the limited-access right-of-way controlled by the Commonwealth Transportation Board (CTB); and
WHEREAS, County staff in concert with Virginia Department of Transportation (VDOT) staff endorse a proposal for a right-in entrance to the site from Garrisonville Road (SR-610); and
WHEREAS, the Board supports economic development activities;
NOW, THEREFORE BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that it supports the approval of a break in the SR-610 limited-access right-of-way at Tax Map Parcels 21-26A and 21-26D by the (CTB); and
BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the developer and the VDOT District Administrator.
Item8A. Authorize Study of Hills of Aquia Drainage Plan.
Resolution R07-33 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO PROCEED WITH THE HILL OF AQUIA DRAINAGE PLAN
WHEREAS, at a meeting on December 5, 2006 the Board directed the County
Administrator to conduct a third-party engineering review of the Hills of Aquia drainage plan and ongoing construction erosion and sediment control measures; and
WHEREAS, the Board authorized an amount not to exceed $10,000; and
WHEREAS, staff and the Aquia Harbour Homeowners Association, represented by its Executive Director Chuck Halt, have selected Woolpert Engineering to complete the study and it has been determined that the estimated cost will exceed $10,000;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January 2007 that the County Administrator be and he hereby is authorized to proceed with the study subject to the County’s procurement policy.
Utilities; Authorize a Public Hearing to Revise Pump and Haul Fees. Mr. Fields commented.
Mr. Fields motioned, seconded by Mr. Gibbons, to adopt proposed Ordinance O07-07 with a change.
Discussion ensued.
Mr. Fields withdrew the motion. Mr. Gibbons withdrew the second to the motion.
Hearing no objections from the Board, a committee of Mr. Fields and Mr. Milde was formed to further review.
Public Services; Amend and Reordain Section 17-31(A)(2) of the County Code Entitled “No Wake Areas on Aquia Creek”. Mr. Milde motioned, seconded by Mr. Dudenhefer, to defer proposed Resolution R07-07.
The Voting Board tally was:
Yea: (7) Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito
Nay: (0)
Public Services; Authorize the County Administrator to Issue an Invitation for Bids for Repair of Sutherland Boulevard in Heather Hills Subdivision. Mr. Dudenhefer commented.
Mr. Schwartz motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-10.
Discussion ensued.
The Voting Board tally was:
Yea: (7) Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito, Cavalier
Nay: (0)
Resolution R07-10 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO ISSUE AN INVITATION FOR BIDS FOR THE REPAIR AND COMPLETION OF SUTHERLAND BOULEVARD IN HEATHER HILLS SUBDIVISION
WHEREAS, Sutherland Boulevard, a public street, having been designed to Virginia Department of Transportation (VDOT) standards and having been constructed in phases, was not accepted by VDOT due to its incompletion; and
WHEREAS, the responsible developer(s) cannot be located; and
WHEREAS, it is the desire of the Board to improve and complete Sutherland Boulevard so VDOT will include it in the Secondary System of State Highways;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that the County Administrator be and he hereby is authorized to issue an Invitation for Bids for the repair and completion of Sutherland Boulevard to VDOT standards.
Budget; Reappropriate Funds from FY2006 to FY2007 for School Operating Fund One-Time Expenditures. Mr. Milde commented.
The County Administrator commented further.
Mr. Dudenhefer motioned, seconded by Mr. Gibbons, to defer proposed Resolution
R07-16.
The Voting Board tally was:
Yea: (4) Gibbons, Milde, Schwartz, Dudenhefer
Nay: (3) Fields, Brito, Cavalier
Recess. At 3:22 P. M., the Chairman declared a recess.
Call to Order. At 3:35 P. M., the Chairman called the meeting back to order.
Legislative; Discuss Conservation Easements. Mr. Brito commented.
Mr. Brito motioned, seconded by Mr. Fields, to request the County Attorney work with the Tri-County/City Soil and Water Conservation District regarding a Memo of Understanding and bring it back to the Board.
Discussion ensued.
Mr. Gibbons made a substitute motion, seconded by Mr. Milde, to table this item until later in the evening.
The Voting Board tally was:
Yea: (6) Milde, Schwartz, Cavalier, Dudenhefer, Fields, Gibbons
Nay: (1) Brito
Legislative; Appoint Members to Boards, Authorities, Commissions and Committees.
Advisory Board on Towing. Mr. Gibbons motioned, seconded by Mr. Fields to adopt proposed Resolution R07-40.
The Voting Board tally was:
Yea: (7) Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde
Nay: (0)
Resolution R07-40 reads as follows:
A RESOLUTION TO APPOINT MEMBERS TO THE ADVISORY
BOARD ON TOWING
WHEREAS, pursuant to Section 46.2-1217 of the Code of Virginia (1950), as amended, the Board may regulate, pursuant to police towing requests, any business engaged in the towing or storage of unattended, abandoned, or immobile vehicles by ordinance; and
WHEREAS, the Board adopted Resolution R94-503 which establishes the Advisory Board on Towing; and
WHEREAS, the Advisory Board on Towing is composed of eleven members to be appointed by the Board and shall include four law-enforcement officers including a representative from the Virginia State Police, the County Attorney or her designee, four towing and recovery operators, and two citizens; and
WHEREAS, the Board has previously appointed the following:
NAME EXPIRATION
Joe Patrick December 31, 2006
(Towing & Recovery Operator Zone 1)
Dan Beach December 31, 2006
(Towing & Recovery Operator Zone 2)
Roy Boswell December 31, 2006
(Towing & Recovery Operator Zone 3)
Ray Hodge December 31, 2006
(Heavy Duty Towing & Recovery Operator)
Denise Dailey December 31, 2006
(County Attorney or Designee)
Charles E. Jett December 31, 2006
(Sheriff)
Brian Jacobs, 1st Sgt. December 31, 2006
(Law Enforcement Officer)
David Moyer, Captain December 31, 2006
(Law Enforcement Officer)
Christopher Warriner December 31, 2006
(Virginia State Police
or Designee)
Gerald Crosby December 31, 2006
(Citizen)
George Paxson December 31, 2006
(Citizen)
WHEREAS, all terms expired on December 31, 2006; and
WHEREAS, the term of appointment is one year;
WHEREAS, the Board desires to fill these vacancies;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that
NAME EXPIRATION
Joe Patrick December 31, 2007
(Towing & Recovery Operator Zone 1)
Dan Beach December 31, 2007
(Towing & Recovery Operator Zone 2)
Roy Boswell December 31, 2007
(Towing & Recovery Operator Zone 3)
Ray Hodge December 31, 2007
(Heavy Duty Towing & Recovery Operator)
Deedy Thomas-Herring December 31, 2007
(County Attorney or Designee)
Charles E. Jett December 31, 2007
(Sheriff)
Brian Jacobs, 1st Sgt. December 31, 2007
(Law Enforcement Officer)
David Moyer, Captain December 31, 2007
(Law Enforcement Officer)
Christopher Warriner December 31, 2007
(Virginia State Police
or Designee)
Gerald Crosby December 31, 2007
(Citizen)
George Paxson December 31, 2007
(Citizen)
be and they hereby are appointed to the Advisory Board on Towing.
Beautification Committee. Mr. Dudenhefer motioned, seconded by Mr. Cavalier, to adopt proposed Resolution R07-41.
The Voting Board tally was:
Yea: (7) Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz
Nay: (0)
Resolution R07-41 reads as follows:
A RESOLUTION TO APPOINT A MEMBER TO THE STAFFORD
COUNTY BEAUTIFICATION COMMITTEE
WHEREAS, Resolution R06-489 changed the membership of the Beautification Committee; and
WHEREAS, Resolution R06-489 authorized 12 members to be appointed to the Beautification Committee, one to represent Stafford County Public Schools/Community Involvement, Master Gardener, Sheriff’s Office, Extension Office, County Government, and one representative from each of the County's seven election districts; and
WHEREAS, the Board has previously appointed the following:
NAME EXPIRATION
Shari Kern December 31, 2006
(Aquia District)
VACANT December 31, 2006
(Falmouth District)
Wendy Meyer December 31, 2006
(Garrisonville)
Laurie Posner December 31, 2006
(George Washington District)
Denise Baer December 31, 2006
(Griffis-Widewater District)
Patrice Promack December 31, 2006
(Hartwood District)
VACANT December 31, 2006
(Rock Hill District)
Julie May December 31, 2006 (County Government)
Ian Treggett December 31, 2006
(Extension Office)
Deputy Craig Cain December 31, 2006
(Sheriff’s Office)
Cynthia Lucero-Chavez December 31, 2006
(Stafford County Public Schools/
Community Involvement)
VACANT December 31, 2006
(Master Gardener)
WHEREAS, all terms expired on December 31, 2006; and
WHEREAS, the term of membership is one year;
WHEREAS, the Board desires to fill these vacancies;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that
NAME EXPIRATION
Shari Kern December 31, 2007
(Aquia District)
VACANT December 31, 2006
(Falmouth District)
Laura Collingsworth December 31, 2007
(Garrisonville)
Laurie Posner December 31, 2006
(George Washington District)
Denise Baer December 31, 2007
(Griffis-Widewater District)
Patrice Promack December 31, 2007
(Hartwood District)
VACANT December 31, 2006
(Rock Hill District)
Julie May December 31, 2007 (County Government)
Ian Treggett December 31, 2007
(Extension Office)
Deputy Craig Cain December 31, 2007
(Sheriff’s Office)
Cynthia Lucero-Chavez December 31, 2007
(Stafford County Public Schools/
Community Involvement)
Linda Dunn December 31, 2007
(Master Gardener)
be and they hereby are appointed to the Beautification Committee.
Board of Building Code Appeals. Mr. Milde motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-42.
The Voting Board tally was:
Yea: (7) Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito
Nay: (0)
Resolution R07-42 reads as follows:
A RESOLUTION TO APPOINT A MEMBER TO THE BOARD
OF BUILDING CODE APPEALS
WHEREAS, Section 36-105 of the Code of Virginia (1950), as amended, provides for the establishment of a local Board of Building Code Appeals whose composition, duties and responsibilities are prescribed in the Building Code; and
WHEREAS, the local Board of Building Code Appeals consists of five members with the following qualifications: a licensed professional engineer or architect; an experienced builder; and three others who are able to render a fair and competent decision regarding the application of the Building Code; and
WHEREAS, the Board has appointed the following:
NAME EXPIRATION
Richard C. Pearson December 31, 2005
(Architect)
Charles Moore December 31, 2005
(Member-At-Large)
A. C. Glover December 31, 2005
(Member-At-Large)
Frank Jett, Jr. December 31, 2005
(Member-At-Large)
Russell Hall December 31, 2006
(Builder)
WHEREAS, Richard C. Pearson has submitted his resignation; and
WHEREAS, all terms have expired; and
WHEREAS, the term of appointment is one year; and
WHEREAS, the Board desires to fill these vacancies;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that
NAME EXPIRATION
VACANT December 31, 2005
(Architect)
Charles Moore December 31, 2007
(Member-At-Large)
A. C. Glover December 31, 2007
(Member-At-Large)
Frank Jett, Jr. December 31, 2007
(Member-At-Large)
Russell Hall December 31, 2007
(Builder)
be and they hereby are appointed as a member of the Board of Building Code Appeals.
Board of Social Services. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-43.
The Voting Board tally was:
Yea: (7) Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito, Cavalier
Nay: (0)
Resolution R07-43 reads as follows:
A RESOLUTION TO APPOINT A MEMBER TO THE
BOARD OF SOCIAL SERVICES
WHEREAS, Sections 63.1-36 through 63.1-58 of the Code of Virginia (1950), as amended, authorize the Board to appoint members to serve on the Board of Social Services; and
WHEREAS, the Board of Social Services consists of three members with terms of four years; and
WHEREAS, the Board has previously appointed the following:
NAME EXPIRATION
Peter J. Fields December 31, 2009
(Board of Supervisors)
Elnora Pondexter August 31, 2009
(Member-At-Large)
Frederick A. Donahoe August 31, 2006
(Member-At-Large)
WHEREAS, the term of Frederick A. Donahoe expired on December 31, 2006; and
WHEREAS, the Board desires to fill this vacancy;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007 that
NAME EXPIRATION
Frederick A. Donahoe August 31, 2010
(Member-at-Large)
be and he hereby is appointed to the Board of Social Services.
Cable Television Advisory Committee. Mr. Gibbons motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution R07-44.
The Voting Board tally was:
Yea: (7) Fields, Gibbons, Milde, Schwartz, Brito, Cavalier, Dudenhefer
Nay: (0)
Resolution R07-44 reads as follows:
A RESOLUTION TO APPOINT MEMBERS TO THE
CABLE TELEVISION ADVISORY COMMITTEE
WHEREAS, the Board, on December 2, 1986, approved Resolution R86-612(R) which established the Cable Television Advisory Committee; and
WHEREAS, Resolution R86-612(R) provides for the appointment of seven citizens, each residing in a different election district, to serve on the Cable Television Advisory Committee; and
WHEREAS, the Board, on April 4, 1989, approved Resolution R89-124(R) to include a voting representative from the County Administrator's Office, and a voting representative from the School Superintendent's Office; and
WHEREAS, the Board has appointed the following:
NAME EXPIRATION
Jacqueline Hontz December 31, 2006
(George Washington District)
Danielle J. Davis December 31, 2006
(Aquia)
Marilee Knight December 31, 2006
(Griffis-Widewater District)
Thomas Gregory December 31, 2006
(Rock Hill District)
James Crowe December 31, 2006
(Garrisonville District)
Terry Lottes December 31, 2006
(Hartwood)
Ernest Ackermann December 31, 2006
(Falmouth District)
County Administrator Virtue of Office
or Designee
School Superintendent December 31, 2006
or Designee
WHEREAS, Ernest Ackermann has tendered his resignation; and
WHEREAS, all terms expired on December 31, 2006; and
WHEREAS, the term of appointment is one year;
WHEREAS, the Board desires to fill these vacancies;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors, on this the 9th day of January, 2007, that
NAME EXPIRATION
Jacqueline Hontz December 31, 2007
(George Washington District)
Danielle J. Davis December 31, 2007
(Aquia)
Marilee Knight December 31, 2007
(Griffis-Widewater District)
Thomas Gregory December 31, 2007
(Rock Hill District)
James Crowe December 31, 2007
(Garrisonville District)
Terry Lottes December 31, 2007
(Hartwood)
VACANT December 31, 2006
(Falmouth District)
County Administrator Virtue of Office
or Designee
School Superintendent December 31, 2007
or Designee
be and they hereby are appointed to the Cable Television Advisory Committee.
Central Rappahannock Regional Library Board of Trustees. Mr. Fields motioned, seconded by Mr. Gibbons, to adopt proposed Resolution R07-45.
The Voting Board tally was:
Yea: (7) Gibbons, Milde, Schwartz, Brito, Cavalier, Dudenhefer, Fields
Nay: (0)
Resolution R07-45 reads as follows:
A RESOLUTION TO APPOINT A MEMBER TO THE CENTRAL
RAPPAHANNOCK REGIONAL LIBRARY BOARD OF TRUSTEES
WHEREAS, Section 42.1-35 of the Code of Virginia (1950), as amended, and the Central Rappahannock Regional Library Agreement authorized the Board to appoint members to serve on the Board of Trustees; and
WHEREAS, the Regional Library Agreement states that "all appointed Board members shall be residents of the jurisdiction which they represent and may be private citizens, members of the governing bodies or employees of the governing bodies as they designate in their sole discretion; and
WHEREAS, the Board has previously appointed the following:
NAME EXPIRATION
Larry Towne December 31, 2006
(Member-At-Large)
Peter J. Fields December 31, 2009
(Board of Supervisor)
WHEREAS, the term of Larry Towne expired on December 31, 2006; and
WHEREAS, the term of appointment is four years; and
WHEREAS, the Board desires to fill this vacancy;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors, on this the 9th day of January, 2007, that
NAME EXPIRATION
Larry Towne December 31, 2010
(Member-At-Large)
be and he hereby is appointed to the Central Rappahannock Regional Library Board of
Trustees.
Chaplin Group Home Commission. Mr. Brito motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-46.
The Voting Board tally was:
Yea: (7) Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde
Nay: (0)
Resolution R07-46 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, 2006
(Board of Supervisors)
Linda V. Musselman June 30, 2006
(Member-At-Large)
Josephine H. Chaplin
(Honorary Member)
WHEREAS, the Board desires that expirations coincide with Board Members terms of office; and
WHEREAS, all terms have expired; and
WHEREAS, the Board desires to fill these vacancies; and
WHEREAS, the term of appointment is one year;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that
NAME EXPIRATION
Paul Milde December 31, 2007
(Board of Supervisors)
Linda V. Musselman June 30, 2007
(Member-At-Large)
be and they hereby are appointed to the Chaplin Group Home Commission.
Civilian-Military Community Relations Council. Mr. Gibbons motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution R07-47.
The Voting Board tally was:
Yea: (7) Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz
Nay: (0)
Resolution R07-47 reads as follows:
A RESOLUTION TO APPOINT MEMBERS TO THE CIVILIAN-
MILITARY COMMUNITY RELATIONS COUNCIL
WHEREAS, the Marine Corps Combat Development Command Civilian-Military Community Relations Council Bylaws, from the United States Marine Corps Public Affairs Manual, authorize the Board to appoint members to serve on the Civilian-Military Community Relations Council; and
WHEREAS, the Board has previously appointed the following:
NAME EXPIRATION
Jack Cavalier December 31, 2006
(Board of Supervisors)
Mark Dudenhefer December 31, 2006
(Board of Supervisors)
WHEREAS, all terms expired on December 31, 2006; and
WHEREAS, the term of appointment is one year; and
WHEREAS, the Board desires to fill these vacancies;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that
NAME EXPIRATION
Jack Cavalier December 31, 2007
(Board of Supervisors)
Mark Dudenhefer December 31, 2007
(Board of Supervisors)
be and they hereby are appointed to the Civilian-Military Community Relations Council.
Legislative; Closed Meeting. At 4:05 P.M., Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Resolution CM07-01.
The Voting Board tally was:
Yea: (7) Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito
Nay: (0)
Resolution CM07-01 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 two personnel matters; and
WHEREAS, pursuant to Section 2.2-3711 A1 VA Code Ann., such discussions may occur in Closed Meeting;
NOW, THEREFORE, BE IT RESOLVED that the Stafford Board of Supervisors, on this the 9th day of January, 2007 does hereby authorize discussions of the aforestated matters in Closed Meeting.
Call to Order. At 5:01 P. M., the Chairman called the meeting back to order.
Legislative; Closed Meeting Certification. Mr. Fields motioned, seconded by Mr. Gibbons, to adopt proposed Resolution CM07-01a.
The Voting Board tally was:
Yea: (6) Dudenhefer, Fields, Gibbons, Schwartz, Brito, Cavalier
Nay: (0)
Absent: (1) Milde
Resolution CM07-01a reads as follows:
A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD
COUNTY BOARD OF SUPERVISORS IN A CLOSED MEETING ON
JANUARY, 2007
WHEREAS, the Board has, on this the 9th day of January, 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 9th day of January 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; Appoint Members to Boards, Authorities, Commissions and Committees (Cont’d).
Disability Services Board. Mr. Gibbons motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution R07-48.
The Voting Board tally was:
Yea: (7) Fields, Gibbons, Milde, Schwartz, Brito, Cavalier, Dudenhefer
Nay: (0)
Resolution R07-48 reads as follows:
A RESOLUTION TO APPOINT MEMBERS TO THE DISABILITY
SERVICES BOARD OF PLANNING DISTRICT 16
WHEREAS, Section 51.5-47 of the Code of Virginia, (1950), as amended, provides for the establishment of a Disability Services Board; and
WHEREAS, Ordinance O93-14 was adopted on April 6, 1993, which establishes the Disability Services Board of Planning District 16; and
WHEREAS, each locality in Planning District 16 shall appoint three members representing one local official, one representative of the business community and one consumer; and
WHEREAS, the Board has previously appointed the following:
NAME EXPIRATION
Larry Whitaker July 1, 2006
(Consumer)
Charles A. Cooper July 1, 2005
(Local Official)
Stephen J. Brannan July 1, 2006
(Business Community)
WHEREAS, all terms have expired; and
WHEREAS, the term of membership is three years; and
WHEREAS, the Board desires to fill these vacancies;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January 2007, that
NAME EXPIRATION
Larry Whitaker July 1, 2009
(Consumer)
Stephen J. Brannan July 1, 2009
(Business Community)
Charles A. Cooper July 1, 2009
(Local Official)
be and they hereby are appointed to the Disability Services Board.
Economic Development Authority. Mr. Gibbons motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution R07-49.
The Voting Board tally was:
Yea: (7) Gibbons, Milde, Schwartz, Brito, Cavalier, Dudenhefer, Fields
Nay: (0)
Resolution R07-49 reads as follows:
A RESOLUTION TO APPOINT A MEMBER TO
THE ECONOMIC DEVELOPMENT AUTHORITY
WHEREAS, the Economic Development Authority of Stafford was established by Ordinance of the Board on June 10, 1970, and a total of seven (7) Directors were appointed initially for terms of one (1), two (2), three (3) and four (4) years; two (2) being appointed for one (1) year terms, two (2) being appointed for two (2) year terms, two (2) being appointed for three (3) year terms and one (1) being appointed for a four (4) year term; and
WHEREAS, pursuant to Section 15.2-4904 of the Code of Virginia (1950), as amended, subsequent appointments were to be for terms of four (4) years, except appointments to fill vacancies were to be for the unexpired terms and all terms of the office were deemed to commence upon the date of the initial appointment to the Authority and, thereafter, in accordance with these provisions; and
WHEREAS, the following members have been appointed:
NAME EXPIRATION
Donald H. Newlin June 10, 2007
Cord Sterling June 10, 2007
Edward B. Hontz June 10, 2008
Martin Miller June 10, 2009
John Rowley June 10, 2009
Jo Knight June 10, 2010
Joel Griffin June 10, 2008
WHEREAS, Cord Sterling and Martin Miller have submitted their resignation; and
WHEREAS, the Board desires to fill these positions;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that
NAME EXPIRATION
Wendy Surman June 10, 2007
(Rock Hill)
be and she hereby is appointed as a member of the Economic Development Authority; and
BE IT FURTHER RESOLVED that if at the end of any term of office of any director and a successor thereto has not been appointed, then the director whose term of office has expired shall continue to hold office until a successor is appointed and qualified and that successor shall fulfill the remainder of the term.
Fire Prevention Code Board of Appeals. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-50.
The Voting Board tally was:
Yea: (7) Milde, Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons
Nay: (0)
Resolution R07-50 reads as follows:
A RESOLUTION TO APPOINT MEMBERS TO THE FIRE
PREVENTION CODE BOARD OF APPEALS
WHEREAS, the Fire Prevention Code requires establishment of a Fire Prevention Code Board of Appeals to consist of at least five members; and
WHEREAS, the Fire Prevention Code establishes the qualifications of the members of the Fire Prevention Code Board of Appeals as follows: “shall be selected by the local governing body on the basis of their ability to render fair and competent decisions regarding application of the Statewide Fire Prevention Code and shall, to the extent possible, represent different occupational or professional fields relating to building construction or fire prevention. At least one member should be an experienced builder and one member a licensed professional engineer or architect. Employees or officials of the local governing body shall not serve as member ”; and
WHEREAS, the Board may appoint two alternate members to serve in the absence of any regular members and , as such, shall have the full power and authority of the regular members; and
WHEREAS, the term of appointment is five years; and
WHEREAS, the Board has previously appointed the following:
NAME EXPIRATION
Gerald Snellings December 31, 2010
(Member At Large)
Joseph F. Alexander December 31, 2007
(Builder)
Michael T. Cooper December 31, 2008
(Member At Large)
David Lucia, II December 31, 2010
(Member At Large)
Gerald A. Haynes December 31, 2006
(Engineer)
VACANT
(Alternate Member)
VACANT
(Alternate Member)
WHEREAS, the term of Gerald Haynes expired on December 31, 2006; and
WHEREAS, the Board desires to fill this vacancy; and
WHEREAS, the Board desires to conform to the qualifications in the Fire Prevention Code;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that
NAME EXPIRATION
Gerald A. Haynes December 31, 2011
(Engineer)
be and he hereby is appointed to the Fire Prevention Code Board of Appeals.
Fredericksburg Regional Alliance. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-51.
The Voting Board tally was:
Yea: (7) Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde
Nay: (0)
Resolution R07-51 reads as follows:
A RESOLUTION TO APPOINT A MEMBER TO
THE FREDERICKSBURG REGIONAL ALLIANCE
BOARD OF DIRECTORS
WHEREAS, the Board adopted Resolution R97-274 on June 17, 1997, which established the Fredericksburg Regional Alliance as an economic development organization to serve Planning District 16; and
WHEREAS, County and City officials are appointed to the Fredericksburg Regional Alliance Board of Directors; and
WHEREAS, the Board has previously appointed the following:
NAME EXPIRATION
Jack R. Cavalier June 30, 2006
(Board of Supervisors)
WHEREAS, the term of Jack R. Cavalier expired on June 30, 2006; and
WHEREAS, the term of membership is one year; and
WHEREAS, the Board desires to fill this vacancy;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007 that
NAME EXPIRATION
Jack R. Cavalier June 30, 2007
(Board of Supervisors)
be and he hereby is appointed as a member of the Fredericksburg Regional Alliance Board of Directors.
Fredericksburg-Stafford Park Authority. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-52.
The Voting Board tally was:
Yea: (7) Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz
Nay: (0)
Resolution R07-52 reads as follows:
A RESOLUTION TO APPOINT A MEMBER TO THE FREDERICKSBURG-
STAFFORD PARK AUTHORITY
WHEREAS, Section 15.2-5703 of the Code of Virginia (1950), as amended, authorizes the Board to appoint members to serve on the Fredericksburg-Stafford Park Authority; and
WHEREAS, the Board has previously appointed the following:
NAME EXPIRATION
John A. Gray December 31, 2007
(Member-At-Large)
Patricia Rice December 31, 2006
(Member-At-Large)
Beverley Newlin December 31, 2007
(Member-At-Large)
Peter J. Fields December 31, 2006
(Board of Supervisors)
WHEREAS, the term of Peter Fields expired on December 31, 2006; and
WHEREAS, the term of membership is four years; and
WHEREAS, the Board desires to fill this vacancy;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that
NAME EXPIRATION
Peter Fields December 31, 2010
(Board of Supervisors)
be and he hereby is appointed to the Fredericksburg-Stafford Park Authority.
Potomac Watershed Roundtable. Mr. Fields motioned, seconded by Mr. Milde, to adopt proposed Resolution R07-54.
The Voting Board tally was:
Yea: (7) Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito, Cavalier
Nay: (0)
Resolution R07-54 reads as follows:
A RESOLUTION TO APPOINT A MEMBER TO THE
POTOMAC WATERSHED ROUNDTABLE
WHEREAS, the Potomac Watershed Roundtable was established August 25, 2000 to promote a regional approach to the management and improvement of the Virginia portion of the Potomac watershed and to foster collaboration among watershed stakeholders acting as an advisory body to governmental and non-governmental decision-makers and making recommendations on watershed management policy and program options; and
WHEREAS, voting membership contains one elected member of the Board with the term of three (3) years commencing on January 1st and ending on December 31st;
WHEREAS, the Board has previously appointed the following:
NAME EXPIRATION
VACANT December 31, 2006
Peter J. Fields December 31, 2006
(Alternate)
WHEREAS, the Board desires to fill these vacancies;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of December 2006 that
NAME EXPIRATION
Paul V. Milde December 31, 2009
Peter J. Fields December 31, 2007
(Alternate)
be and they hereby are appointed to the Potomac Watershed Roundtable.
Rappahannock Area Agency on Aging (Board of Directors) Mr. Dudenhefer motioned, seconded by Mr. Gibbons, to adopt proposed Resolution R07-55.
The Voting Board tally was:
Yea: (7) Fields, Gibbons, Milde, Schwartz, Brito, Cavalier, Dudenhefer
Nay: (0)
Resolution R07-55 reads as follows:
A RESOLUTION TO APPOINT A MEMBER TO THE RAPPAHANNOCK
AREA AGENCY ON AGING (BOARD OF DIRECTORS)
WHEREAS, Section 2.1-373 (7) of the Code of Virginia (1950), as amended, authorizes the Board to appoint members to serve on the Rappahannock Area Agency on Aging (Board of Directors); and
WHEREAS, the Board has previously appointed the following:
NAME EXPIRATION
George Schwartz December 31, 2006
(Board of Supervisors)
Sol Herman December 31, 2006
(Member-At-Large)
WHEREAS, terms expired on December 31, 2006; and
WHEREAS, the term of appointment is one year; and
WHEREAS, the Board desires to fill these vacancies;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that
NAME EXPIRATION
George Schwartz December 31, 2007
(Board of Supervisors)
Sol Herman December 31, 2007
(Member-At-Large)
be and they hereby are appointed to the Rappahannock Area Agency on Aging (Board of Directors).
Rappahannock Community Criminal Justice Board. Mr. Fields motioned, seconded by Mr. Brito, to adopt proposed Resolution R07-56.
The Voting Board tally was:
Yea: (7) Gibbons, Milde, Schwartz, Brito, Cavalier, Dudenhefer, Fields
Nay: (0)
Resolution R07-56 reads as follows:
A RESOLUTION TO APPOINT MEMBERS TO THE RAPPAHANNOCK COMMUNITY CRIMINAL JUSTICE BOARD
WHEREAS, the General Assembly has adopted Section 53.1-183 of the Code of Virginia, requiring each county or city developing or establishing a community corrections program to appoint a Community Criminal Justice Board to provide for the operation of community programs, services and facilities for use by the courts in diverting offenders from local correctional facility placements; and
WHEREAS, the Counties of King George, Spotsylvania, and Stafford and the City of Fredericksburg are members of the Rappahannock Regional Jail Authority and have determined to apply for funding and operate community diversion programs on a joint regional basis; and
WHEREAS, the Stafford County Board of Supervisors has established the Rappahannock Community Criminal Justice Board effective July 1, 1995; and
WHEREAS, the terms of appointment is for two years; and
WHEREAS, if any of the persons appointed do not remain in the position throughout the term of the appointment to the Board, their successors shall fill the remainder of such term without the necessity of further action by the Board;
NOW THEREFORE BE IT RESOLVED, by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that the following:
NAME EXPIRATION
The Honorable Ann Hunter Simpson December 31, 2008
Circuit Court Judge
The Honorable Gordon F. Willis December 31, 2008
General District Court Judge
The Honorable David F. Peterson December 31, 2008
Juvenile & Domestic Relations Court Judge
Paul W. Higgs December 31, 2008
Sheriff, City of Fredericksburg
Sarah Deneke December 31, 2008
Assistant Commonwealth Attorney,
Stafford County
Allen Bareford December 31, 2008
Public Defender
R. Bryan David December 31, 2008
County Administrator, King George
Steve Crosby December 31, 2008
County Administrator, Stafford County
Phillip L. Rodenberg December 31, 2008
City Manager, Fredericksburg
James R. Wheeler December 31, 2008
County Administrator, Spotsylvania County
Mike Mastropaolo December 31, 2008
Director, Fifteenth District Court Services Unit
R. Fielding Lewis December 31, 2008
Chief Probation and Parole Officer
Phillip Hemming December 31, 2008
Chief Magistrate
Joseph A. Higgs December 31, 2008
Superintendent, Rappahannock Regional Jail
Doug Jones December 31, 2008
Superintendent, Rappahannock Juvenile
Detention Center
Carol Powell December 31, 2008
Director, RAASAP
Beth Girone December 31, 2008
Director, Rappahannock Area Office on Youth
Ronald W. Branscome December 31, 2008
Director, RACSB
Betsy Mathias December 31, 2008
Regional Adult Education Program
Steven R. Austin December 31, 2008
Director of Programs & Community Corrections
Rappahannock Regional Jail
Michael McNamara December 31, 2008
Juvenile Planner
be and they hereby are appointed to the Rappahannock Community Criminal Justice Board.
Rappahannock Regional Criminal Justice Academy (Board of Directors). Mr. Dudenhefer motioned, seconded by Mr. Gibbons, to adopt proposed Resolution
R07-57.
The Voting Board tally was:
Yea: (7) Milde, Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons
Nay: (0)
Resolution R07-57 reads as follows:
A RESOLUTION TO APPOINT MEMBERS TO THE RAPPAHANNOCK
REGIONAL CRIMINAL JUSTICE ACADEMY BOARD OF DIRECTORS
WHEREAS, pursuant to Article VI of the Bylaws of the Rappahannock Regional Criminal Justice Academy, the Board appoints members to serve on the Rappahannock Regional Criminal Justice Academy Board of Directors; and
WHEREAS, the Bylaws of the Rappahannock Regional Criminal Justice Academy state that each jurisdiction shall be entitled to two members on the Board of Directors; and
WHEREAS, the Bylaws of the Rappahannock Regional Criminal Justice Academy state that the members "shall normally be the chief law enforcement officer of the jurisdiction, and either an elected official or the chief administrator of the jurisdiction"; and
WHEREAS, the Board has previously appointed the following:
NAME EXPIRATION
Charles E. Jett December 31, 2006
(Chief Law Enforcement
Officer or Designee)
Steve Crosby December 31, 2006
(County Administrator
or Designee)
WHEREAS, the terms of Charles E. Jett and Steve Crosby expired on December 31, 2006; and
WHEREAS, the term of appointment is two years; and
WHEREAS, the Board desires to fill these vacancies;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that
NAME EXPIRATION
Charles E. Jett December 31, 2008
(Chief Law Enforcement
Officer or Designee)
Steve Crosby December 31, 2008
(County Administrator
or Designee)
be and they hereby are appointed to the Rappahannock Regional Criminal Justice Academy Board of Directors.
Rappahannock Regional Jail Authority Board. Mr. Dudenhefer motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-58.
The Voting Board tally was:
Yea: (7) Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde
Nay: (0)
Resolution R07-58 reads as follows:
A RESOLUTION TO APPOINT MEMBERS OF THE
RAPPAHANNOCK REGIONAL JAIL AUTHORITY
WHEREAS, the City of Fredericksburg and the Counties of King George, Spotsylvania and Stafford Have entered into an agreement to establish the Rappahannock Regional Jail Authority for the purpose of operating an adult detention facility; and
WHEREAS, the Board has previously appointed the following members and alternatives:
NAME EXPIRATION
Mark Dudenhefer Pleasure of the Board
(Board of Supervisors)
George Schwartz Pleasure of the Board
(Board of Supervisors Alternate)
Steve Crosby Pleasure of the Board
(Member)
Cheryl Beagle Pleasure of the Board
(Alternate Member)
WHEREAS, Board members desired to change positions;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that
NAME EXPIRATION
Mark Dudenhefer Pleasure of the Board
(Board of Supervisors Alternate)
George Schwartz Pleasure of the Board
(Board of Supervisors)
be and they hereby are appointed to the Rappahannock Regional Jail Authority.
Rappahannock Regional Solid Waste Management Board. Mr. Gibbons motioned, seconded by Mr. Cavalier, to adopt proposed Resolution R07-59.
The Voting Board tally was:
Yea: (7) Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz
Nay: (0)
Resolution R07-59 reads as follows:
A RESOLUTION TO APPOINT MEMBERS AND ALTERNATES TO
THE RAPPAHANNOCK REGIONAL SOLID WASTE MANAGEMENT
BOARD
WHEREAS, the Board and the City of Fredericksburg, have executed an Operations Contract for Regional Landfill; and
WHEREAS, the Contract provides for the appointment of two members of the Board to be appointed as members of the Rappahannock Regional Solid Waste Management Board to serve with two members of City Council, the County Administrator, and the City Manager; and
WHEREAS, the Contract provides for the appointment of alternates; and
WHEREAS, the Board has previously appointed the following:
NAME EXPIRATION
Peter J. Fields December 31, 2006
(Board of Supervisors)
Paul V. Milde III December 31, 2006
(Board of Supervisors)
Joe Brito December 31, 2006
(Alternate)
VACANT December 31, 2005
(Alternate)
Steve Crosby
(County Administrator) Virtue of Office
WHEREAS, the terms of appointment is one year; and
WHEREAS, the Board desires to fill these vacancies;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that
NAME EXPIRATION
Peter J. Fields December 31, 2007
(Board of Supervisors)
Paul V. Milde III December 31, 2007
(Board of Supervisors)
Joe Brito December 31, 2007
(Alternate)
VACANT December 31, 2006
(Alternate)
Steve Crosby
(County Administrator) Virtue of Office
be and they hereby are appointed to the Rappahannock Regional Solid Waste Management Board.
Rappahannock River Basin Commission. Mr. Gibbons motioned, seconded by Mr. Brito, to adopt proposed Resolution R07-60.
The Voting Board tally was:
Yea: (7) Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito
Nay: (0)
Resolution R07-60 reads as follows:
A RESOLUTION TO APPOINTMENT A MEMBER AND AN
ALTERNATE TO THE RAPPAHANNOCK RIVER BASIN
COMMISSION
WHEREAS, the Board adopted Resolution R98-24 on May 5, 1998, wherein it agreed to become a member of and participate in the Rappahannock River Basin Commission, as described in Chapter 553 of the Acts of the Assembly of 1998, and to fund the activities of the Commission; and
WHEREAS, the Board has previously appointed the following:
NAME EXPIRATION
Peter J. Fields December 31, 2006
(Board of Supervisors)
Joe Brito December 31, 2006
(Alternate)
WHEREAS, the term of membership is one year; and
WHEREAS, the Board desires to fill these vacancies;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that
NAME EXPIRATION
Peter J. Fields December 31, 2007
(Board of Supervisors)
Joe Brito December 31, 2007
(Alternate)
be and they hereby are appointed to the Rappahannock River Basin Commission.
Wetlands Board. Mr. Gibbons motioned, seconded by Mr. Milde, to adopt proposed Resolution R07-61.
The Voting Board tally was:
Yea: (7) Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito, Cavalier
Nay: (0)
Resolution R07-61 reads as follows:
A RESOLUTION TO APPOINT A MEMBER TO THE WETLANDS BOARD
WHEREAS, Section 28.2-1303 of the Code of Virginia (1950), as amended, authorizes the Board to appoint five or seven residents to serve on the Wetlands Board; and
WHEREAS, in accordance with Section 28.2-1303 of the Code of Virginia, “the governing body shall also appoint at least one but not more than three alternate members to the Board; and
WHEREAS, the Board has previously appointed the following:
NAME EXPIRATION
Stanley Dameron December 31, 2007
(Member-At-Large)
Sam M. Hess December 31, 2010
(Member-At-Large)
Richard Decatur December 31, 2006
(Member-At-Large)
VACANT December 31, 2006
(Member-At-Large)
George L. Newman December 31, 2006
(Member-At-Large)
VACANT
(Member-At-Large Alternate)
VACANT
(Member-At-Large Alternate)
VACANT
(Member-At-Large Alternate)
WHEREAS, the term of Richard Decatur expired on December 31, 2006 and a vacancy exists for a Member-At-Large and Member-At-Large Alternate positions;
WHEREAS, the term of appointment is five years; and
WHEREAS, the Board desires to fill these vacancies;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that:
NAME EXPIRATION
Richard Decatur December 31, 2011
(Member-At-Large)
Anthony Pineau December 31, 2011
(Member-At-Large)
be and they hereby are appointed to the Wetlands Board.
Recess. At 5:20 P. M., the Chairman declared a recess until 7:00 P.M.
Call to Order. At 7:03 P. M., the Chairman called the meeting back to order.
Invocation. Mr. Schwartz gave the Invocation.
Pledge of Allegiance. Michael Brockton, Boy Scout Troop 840, gave the Pledge of Allegiance to the Flag of the United States of America.
Presentations by the Public – II. The following persons spoke on the topics identified:
Ruth Carlone - Planning Commission members’ conduct.
- Enforcement of County Code.
- Timbering.
- Winter Wheat/Kellogg Mill Road.
Hunt Blackburn - Save Crow’s Nest.
Administration; Amend Chapter 15, Article II, Entitled “County Vehicle License”, of the County Code Whereby Eliminating the Need for the Vehicle Decal. Mr. Bill Colvin, Treasurer, gave a presentation.
The Chairman opened a public hearing.
The following persons spoke:
Thomas Cropp
A. R. MacGregor
The Chairman closed the public hearing.
Mr. Gibbons motioned, seconded by Mr. Milde, to adopt proposed Ordinance O07-08 with a change.
Discussion ensued.
The Voting Board tally was:
Yea: (7) Fields, Gibbons, Milde, Schwartz, Brito, Cavalier, Dudenhefer
Nay: (0)
Ordinance O07-08 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER
15, ARTICLE II, ENTITLED “COUNTY VEHICLE LICENSE”, OF THE STAFFORD COUNTY CODE HEREBY ELIMINATING THE NEED FOR THE VEHICLE DECAL
WHEREAS, as of October 2006, nearly 50 Virginia localities have already eliminated or are in the process of eliminating the vehicle decal; and
WHEREAS, preparation for the 2007 decal season will begin in mid-January 2007; and
WHEREAS, decals exist for two key reasons: to help enforce personal property tax collections and as a source of annual revenue; and
WHEREAS, the administration of the decals is a cumbersome process and is no longer required as a collection tool; and
WHEREAS, the license fee revenue can be maintained without requiring a decal;
NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that the Stafford County Code Chapter 15, Article II, entitled “County Vehicle License”, be and hereby is amended and reordained as follows:
CHAPTER 15
ARTICLE II. COUNTY VEHICLE LICENSE
Sec. 15-21. Definition.
As used in this article, the word "resident" shall mean and include any person having a place of abode in the county for more than thirty (30) days, irrespective of any intention on the part of the person to return to or establish a residence outside of the county at some future date, and any corporation or firm having an office or place of business in the county.
The words and phrases used in this division indicating kinds or types of vehicles shall have the same meanings ascribed to them as are set out in Section 46.2-100 et. seq., Va. Code Ann., 1950, and acts amendatory thereto.
The term "person" as used herein, shall be construed to embrace any person having a place of abode in the County, irrespective of any intention on the part of any person to return to or to establish a residence outside the County at some future time.
The term "person" shall also be construed as embracing any corporation, partnership, firm, or other business entity having an office or place of business in the County.
Sec. 15-22. Required; exceptions.
(a) Every resident of the county who shall own, or have in his custody or under his control, a motor vehicle which is normally garaged, stored or parked in this county shall obtain an annual county license decal for such motor vehicle.
(b) This section shall not apply to any person who is exempt, under the provisions of the laws of the state, from payment of the tax imposed by this article.
(b) (a) Every person having a place of residence in the County shall pay an annual license fee on every motor vehicle, with an active state registration, owned by such person in the County; and every person having a place of business in the County shall pay an annual license fee on every motor vehicle, with an active state registration, owned by such person in the County in or in conjunction with such business; and every person not having a place of residence or business within the County, but who habitually operates a motor vehicle in the County in furtherance of some business or occupation carried on within the County, shall pay an annual license fee on every motor vehicle so used, at the rates hereinafter set forth.
(b) Any person residing temporarily or permanently within the County who shall operate therein a motor vehicle bearing license plates issued by a jurisdiction other than the state, shall pay an annual license fee for such motor vehicle at such time as, under the laws of the state, a state license plate is required for such motor vehicle.
Sec. 15-23. Exemptions.
(a) This section shall not apply to any person who is exempt, under the provisions of the laws of the state, from payment of the license fee imposed by this article.
(b) Pursuant to the authority granted by Section 46.2-752 of the Code of Virginia, the following vehicles are exempt from the payment of a license fee:
(1) Motor vehicles that are owned by volunteer rescue squads that operate within the County and which are used for emergency calls.
(2) One motor vehicle owned and used personally by any active member of a volunteer fire department or rescue squad that operates within the County. On or before January 30 of each year any member of a volunteer fire department or rescue squad who is a County resident and who desires a license fee to be waived shall furnish the County Treasurer’s office with a certificate signed by the chief or head of the fire department or rescue squad verifying that the volunteer is an active member of the fire department or rescue squad who regularly responds to emergency calls or regularly performs other duties for the fire department or rescue squad. No refunds shall be made for license fees paid by the members of a volunteer fire department or rescue squad.
Sec. 15-234 License year.
The license year under the provisions of this article shall begin on April 15 January 1 and shall expire on the next following April 14 December 31.
Sec. 15-24. Application.
Application for a license decal required by this article shall be made on forms prescribed by the treasurer.
Sec. 15-25. Tax License fee imposed.
On each motor vehicle required to be licensed under this article there shall be a license tax fee of twenty-three dollars ($23.00); provided, however, that the license tax on a motorcycle shall be eighteen dollars ($18.00). For each transfer or reissue of a county license there shall be charged a handling fee of two dollars ($2.00).
Sec. 15-26. Tax exemption for members of volunteer fire or rescue units.
(a) Any resident who is an active member, or who served at least ten (10) years as an active member, of a volunteer fire or rescue unit which serves the county shall be exempt from paying the tax imposed by section 15-25 for one vehicle per family.
(b) A resident certified no later than January 30 of each year by the chief officer of a volunteer fire or rescue unit as being an active member of such unit, or a former active member who served at least ten (10) years with such unit, shall be entitled to the exemption granted by this section. The chief officer of any such unit shall provide annually, by January 30, to the county treasurer a list of active members and former active members with at least ten (10) years of service. An "active member" is defined as one who participates in fire or rescue calls, work details, training and fundraising activities of the unit, as determined by either the chief or president of the unit.
Sec. 15-27. Proration of tax.
Only one-half of the license tax prescribed by this article shall be assessed and collected whenever such license tax first becomes assessable during the period beginning on October 15 in the same license year; and only one-third of such license tax shall be assessed and collected whenever any such license tax first becomes assessable on or after January 15 in the same license year.
Sec. 15-28. Payment of vehicle personal property taxes prerequisite to licensing.
No motor vehicle shall be licensed under this article unless and until the applicant for such license shall have produced, before the County Treasurer or his agent, satisfactory evidence that all personal property taxes upon the motor vehicle to be licensed, which personal property taxes have been assessed or are assessable against such applicant, have been paid and satisfactory evidence that any delinquent motor vehicle personal property taxes owing have been paid which have been properly assessed or are assessable against the applicant by the County.
Sec. 15-29. Issuance of decals generally.
Upon proper application and payment of the tax prescribed by this article, and subject to other applicable provisions of this article, the county treasurer shall issue a county license decal for the applicant's motor vehicle. When a person moves into Stafford [County] having a valid local license from another locality in this state, the treasurer when presented with the license from the other locality shall exchange it for a Stafford County license with no charge except for the two-dollar handling fee. Purchasers of new or used motor vehicles shall be allowed a thirty-day grace period, beginning with the date of purchase, during which to pay license fees charged by the county.
Sec. 15-30. Issuance of decal to military personnel.
Personnel of the military service desiring to avail themselves of the relief offered under the Soldiers and Sailors Relief Act may file a certificate of legal residence (domicile) (County Form CR-110) to secure license decals required by this article for a fee of one dollar ($1.00).
Sec. 15-31. Display of decal generally; vViolations and penalties.
(a) A license decal issued under this article shall be fastened to the windshield of the motor vehicle, trailer, or semitrailer so licensed, next to the state inspection sticker. In the case of a motorcycle, the decal shall be fastened next to the state inspection sticker. Failure to display such decal shall be a violation of this article, even though the license tax has been paid. No such decal shall be placed upon any vehicle other than that for which it was issued.
(b)(a) The owner or operator of any motor vehicle, trailer, or semitrailer who fails to obtain and display said license decal or who displays upon such vehicle a decal after its expiration date pay the required license fee, shall, upon conviction, be punished by a fine not to exceed that of a Class 4 misdemeanor, provided that a violation of this section may not be discharged by payment of a fine except upon presentation of satisfactory evidence that the required decal has been obtained license fee has been paid.
(1) The Treasurer of the County of Stafford may enter into an agreement with the Commissioner of the Virginia Department of Motor Vehicles whereby the Commissioner will refuse to issue or renew any vehicle registration of any applicant therefor who owes to the County any vehicle license fees or delinquent tangible personal property tax, pursuant to Section 46.2-752 (J), Va Code Ann., 1950.
Sec. 15-32. Reserved.
Sec. 15-33. Transfer of decal.
License decals fees issued assessed under this article may be transferred from one vehicle to another in the same manner and under the same conditions as provided by the laws and regulations governing the transfer of state license plates.
Sec. 15-34. Issuance of duplicate decal.
A duplicate motor vehicle license decal shall be issued upon affidavit of the applicant that the original decal has been lost. The charge for such duplicate shall be two dollars ($2.00).
Sec. 15-35. Rebate for returned decals.
Current license decals issued under this article may be turned in for rebate upon evidence of disposal of the licensed vehicle. There shall be no refund of a county license when the vehicle is moved out of the county.
Sec. 15-36. Records to be kept.
The county treasurer shall keep a record of each license decal issued by him under the provision of this article showing the number of such decal, the person to whom it was issued, the make and model of the vehicle for which it was issued and the state license number of such vehicle.
Sec. 15-37. Disposition of revenue received under article.
The revenue derived under this article shall be paid into the general fund of the County.
Secs. 15-38--15-50. Reserved.
Planning; Consider Removing Historic Resource District Overlay Classification for 458 Acres on Assessor’s Parcels 45-220, 220E, and 220J at 559 Cambridge Street. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.
The Chairman opened a public hearing.
The following persons spoke:
John Mitchell
Jerrilynn Eby MacGregor
Richard Chichester
Daniel Chichester, Applicant
A. R. MacGregor
The Chairman closed the public hearing.
Mr. Brito motioned, seconded by Mr. Milde, to adopt proposed Ordinance O07-05.
The Voting Board tally was:
Yea: (7) Gibbons, Milde, Schwartz, Brito, Cavalier, Dudenhefer, Fields
Nay: (0)
Ordinance O07-05 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN THE COUNTY
CODE BY AMENDING THE ZONING DISTRICT MAP TO REMOVE
THE GLENCAIRNE HISTORIC RESOURCE OVERLAY DISTRICT CLASSIFICATION
WHEREAS, the property owner requested that the Board initiate a Zoning Ordinance amendment to remove the historic resource district overlay classification of Assessor’s Parcels 45-220, 220E, and 220J; and
WHEREAS, the Board authorized the County Administrator to initiate a Zoning Ordinance amendment to remove the Glencairne Historic Resource Overlay District classification; and
WHEREAS, the property owner proposes to place a conservation easement on a portion of the property; and
WHEREAS, the Planning Commission has reviewed the proposed request for removing the Glencairne Historic Resource Overlay District designation and has recommended approval; and
WHEREAS, the Board has carefully considered the recommendations of the Planning Commission, Architectural Review Board, staff, and the testimony at the public hearing; and
WHEREAS, the Board finds that the request to remove the Historic Resource Overlay District is appropriate;
NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 9th day of January, 2007, that the Zoning Ordinance for Stafford County be and it hereby is amended and reordained by amending the zoning district map to remove the Glencairne Historic Resource Overlay District on Assessor’s Parcels 45-220, 220E, and 220J.
Planning; Establish Purchase of Development Rights Program. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.
The Chairman opened a public hearing.
The following persons spoke:
Gail Clark
John Harris
Alane Callander
Tom Coen
Becky Reed
Ruth Carlone
Rick Scriven
Bettina McWhirt