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November 20, 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 Mark Dudenhefer, Vice Chairman, at 1:03 P. M., Tuesday, November 20, 2007, in the Board Chambers, Stafford County Administration Center. Roll Call. The following members were present: Mark Dudenhefer, Vice Chairman; Peter J. Fields; Robert C. Gibbons; Paul V. Milde; George H. Schwartz and M. S. “Joe” Brito. Jack Cavalier, Chairman, arrived at 4:36 P. M. Also in attendance were: Anthony Romanello, Deputy County Administrator; Joe Howard, County Attorney and Marty Beard, Chief Deputy Clerk. Legislative; Welcome to Senator Elect Richard Stuart. The Chairman introduced Senator Elect Richard Stuart of the 28th Election District.
· Major General Stephen V. Reeves Recognized the Regional Airport Authority, Economic Development Authority, Sheriff and Fire and Rescue for their Efforts on the Force Protection Equipment Demonstration Held in August, 2007. Presentations by the Public. The following persons spoke on topics as identified:
Manuel J. Matthews, Sr - Recognition of Bill Carpenter. Legislative; Presentations and Committee Reports by Board Members. Board members spoke on topics as identified: Mr. Milde - No comments.
Mr. Schwartz - Attended Fredericksburg Regional Alliance Meeting.
Mr. Brito - Town Hall Meeting.
Mr. Dudenhefer - Attended George Washington Regional Commission and Fredericksburg Area Metropolitan Planning Organization Meetings.
Mr. Fields - Remove Items 9 and 13 from Consent Agenda.
Mr. Gibbons - Requested Item 13 be removed from Deferred Business and placed on next Board meeting agenda.
Legislative; Report of the County Attorney. Mr. Joe Howard, County Attorney, had no report.
Legislative; Report of the County Administrator. Mr. Anthony Romanello, Deputy County Administrator, commented on the following: Legislative; Regular Agenda Additions. Mr. Fields motioned to add 31. Legislative; Proposed Emergency Ordinance EO07-01 to Discontinue Board Action on Land Use Matters until January 2, 2008; and to appoint a Board committee to review HB3202. Discussion ensued. Mr. Field withdrew the motion. Mr. Gibbons motioned, seconded by Mr. Milde, to add to the Regular Agenda a discussion regarding forming a committee to review HB3202.
The Voting Board tally was: Mr. Fields motioned, seconded by Mr. Schwartz, to add proposed Emergency Ordinance EO07-01 to the agenda.
The Voting Board tally was: This item will then added to the next Board meeting. Legislative; Consent Agenda. Mr. Milde motioned, seconded by Mr. Schwartz, to adopt the Consent Agenda consisting of Items 1 thru 14 omitting Items 8, 9, and 13.
The Voting Board tally was: Item 1. Legislative; Approve Minutes of Board Meeting. Regular Meeting of October 2, 2007. Item 2. Finance; Approve Expenditure Listing Resolution R07-443 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 20th day of November 2007, that the above-mentioned EL be and it hereby is approved. Item 3. Public Information; Recognize and Commend: Proclamation P07-28 reads as follows:
A PROCLAMATION TO RECOGNIZE AND COMMEND LIEUTENANT GENERAL G. R. (RON) CHRISTMAS FOR HIS EFFORTS ON BEHALF WHEREAS, Lieutenant General G. R. (Ron) Christmas earned his Marine Corps commission through the NROTC program at the University of Pennsylvania in 1962, received the Navy Cross for action in Vietnam, and continued to serve his Country with honor in assignments including Commanding Officer of the 1st Recruit Training Battalion, Marine Corps Recruit Depot Parris Island; Commanding Officer of the 3rd Marines; Commanding General of the I Marine Expeditionary Force; and finally as Deputy Chief of Staff, Manpower and Reserve Affairs until his retirement in 1996; and WHEREAS, Lieutenant General Christmas, as President of the Marine Corps Heritage Foundation, began working in 1999 with Marine Corps leadership, historians, educators, museum professionals, architects and exhibit designers to create a museum showcasing the Corps’ legendary story through the eyes of Marines; and WHEREAS, Lieutenant General Christmas spearheaded an unprecedented campaign that reached out to individuals, corporations, foundations, service members and citizens to raise more than $62 million to complete the first phase of the National Museum of the Marine Corps and Heritage Center; and WHEREAS, the museum is a gift in perpetuity to the Nation to pay tribute to all Marines, given by the Foundation and countless patriotic supporters to reflect the qualities of honor, integrity, self-discipline, courage and sacrifice that are the central values for which the Marine Corps has stood for more than 232 years; and WHEREAS, since its grand opening in November 2006, the National Museum of the Marine Corps has attracted more than half a million visitors from all over the world who have enjoyed this unique facility displaying rare artifacts including the world’s finest small arms collection, a stunning assortment of combat art, aircraft, authentic combat film footage and archival documents of Marine Corps history; and WHEREAS, the Board desires to bring to the attention of citizens everywhere the commitment and dedication with which Lieutenant General Christmas has worked to ensure that the legacy of all the outstanding men and women of the United States Marine Corps is forever memorialized; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 4th day of December, 2007, that Lieutenant General G. R. (Ron) Christmas be and he hereby is recognized and commended for his efforts on behalf of the National Museum of the Marine Corps and Heritage Center. Proclamation P07-29 reads as follows:
A PROCLAMATION TO RECOGNIZE AND COMMEND WHEREAS, each year the Nation’s citizens observe the third Monday in January as a day to celebrate the life and legacy of Dr. Martin Luther King, Jr.; and WHEREAS, Dr. Martin Luther King, Jr. inspired Americans to live up to the principles of freedom and equality for all, and to recognize the achievements of African American scientists, educators, political leaders and artists who have contributed to the outstanding quality of life in the United States; and WHEREAS, Dr. George B. Quick is President of the Shiloh Community Services Corporation, an organization that for the past 18 years has served the spiritual, social and economic needs of Stafford residents from infants to the elderly in need of shelter, food and clothing and loving guidance to help them live more meaningful lives; and WHEREAS, Dr. Quick and Shiloh Community Services Corporation are sponsoring a series of events including recognition of local individuals who exemplify the values in which Dr. King so strongly believed, a career day, a children’s essay and art contest, publication of a book about notable Stafford citizens and events, and an awards banquet; and WHEREAS, Dr. Quick and Shiloh Community Services Corporation hope that these events will highlight the harmonious racial and rich cultural diversity that defines present-day Stafford, and honor Dr. Martin Luther King, Jr. as a man who urged all Americans to live lives of thoughtful tolerance for all men; and WHEREAS, the Board desires to bring to the attention of citizens everywhere the efforts of Dr. Quick and Shiloh Community Services Corporation and to urge residents to participate in the events scheduled during January 2008 to honor a special American; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 20th day of November, 2007, that Dr. George B. Quick and Shiloh Community Services Corporation be and they hereby are commended as they help the community celebrate the life of Dr. Martin Luther King, Jr. Proclamation P07-30 reads as follows:
A PROCLAMATION TO COMMEMORATE POSTHUMOUSLY WHEREAS, Deputy Sheriff Jason Edward Mooney was born in Binghamton, New York, on August 5, 1983; and WHEREAS, Deputy Mooney graduated from Colonial Forge High School in 2002, where he played in the band and was an energetic member of both the football and baseball teams; and WHEREAS, Deputy Mooney enlisted in the U. S. Marine Corps and served with the 4th Marine Division in Al-asad, Iraq where he was awarded the National Defense Operation Iraq Freedom Award, Armed Forces Reserve Medal with the “M” device and the Sea Service Deployment Ribbon; and WHEREAS, Deputy Mooney joined the Stafford Sheriff’s Office in March 2006 as a Deputy Sheriff I – Field Operations; and WHEREAS, Deputy Mooney was also a dedicated volunteer firefighter with the Stafford Volunteer Fire Department and the Coles District Volunteer Fire Department in Prince William County; and WHEREAS, a poem written about Deputy Mooney by a fellow law enforcement officer eloquently evoked this fine young man as a fallen warrior and hero who lived his life for service to all, in every way, a man who accomplished his mission 24 hours a day with passion and pride; and WHEREAS, his fellow Deputies and volunteer firefighters appreciated Deputy Mooney’s quick wit and sense of humor, and respected his ability to work hard, live life to the fullest and keep his priorities in order; and WHEREAS, Deputy Mooney tragically lost his life in an automobile accident on October 19, 2007 while responding to an incident on Interstate 95; and WHEREAS, the Board desires to bring to the attention of citizens everywhere the ultimate sacrifice made by Deputy Mooney in service to his fellow citizens, and to honor those who survive him, including his beloved parents, Ed and Mary Mooney, and his siblings, Kimberly, Joshua and Molly, and to also remember his fiancée, Katherine Harris, a firefighter/EMT with the Stafford Fire and Rescue Department; NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 20th day of November, 20, 2007, that Deputy Jason Edward Mooney be and he hereby is commemorated posthumously. Item 4. Economic Development; Appropriate Grant Funds from the Department of Defense, Office of Economic Adjustment’s Growth Management Planning Assistance Grant Resolution R07-413 reads as follows: A RESOLUTION TO APPROPRIATE GRANT FUNDS FROM THE DEPARTMENT OF DEFENSE OFFICE OF ECONOMIC ADJUSTMENT’S GROWTH MANAGEMENT PLANNING ASSISTANCE GRANT TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT WHEREAS, the County was awarded $163,545 in grant funds from the Department of Defense, Office of Economic Adjustment for Growth Management Planning Assistance; and WHEREAS, $37,651 of those funds were designated for expenses in FY07, and the remaining $125,894 of those funds are designated for expenses in FY08; and WHEREAS, these funds are to be used in combination with a 10 percent match of existing budgeted funds from the Department of Economic Development to fund the BRAC Coordinator position; and WHEREAS, this BRAC Coordinator facilitates communications between Quantico Growth Management Committee, Stafford County, Quantico MCB, the Department of Defense, and other state and federal agencies on BRAC 2005 movements effecting Stafford County and Prince William County; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of November 2007, that the County Administrator be and he hereby is authorized to budget and appropriate funds awarded to Stafford County by the federal Office of Economic Adjustment in the amount of One Hundred Twenty-five Thousand Eight Hundred Ninety-four Dollars ($125,894) to the General Fund, Economic Development category. Item 5. Transportation; Authorize a Public Hearing for Abandonment of Public Right-of-Way in Locklear’s Landing Resolution R07-421 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, Section 15.2-2272 of the Code of Virginia (1950), as amended, requires a public hearing for the vacation and abandonment of a public right-of-way; and WHEREAS, the dedicated right-of-way between Lot No. 9 and Lot No. 10, situated in Locklear’s Landing Subdivision, is no longer needed as a road connection to the proposed adjoining King’s Crossing Subdivision, nor for other public interests; and WHEREAS, an application has been filed to vacate and abandon the right-of-way whereby equal portions of the right-of-way would convey to the owners of the adjoining lots, Assessor’s Parcels 28C-2-9 and 28C-2-10; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of November, 2007, that the County Administrator be and he hereby is authorized to advertise a public hearing to be held on the 18th day of December, 2007, to vacate and abandon the future road connection public right-of-way in Locklear’s Landing Subdivision. Item 6. Transportation; Grant Use of an Unimproved Public Right-of-Way to Construct a Driveway on Lansberry Park Drive Resolution R07-371 reads as follows: A RESOLUTION GRANTING USE OF AN UNIMPROVED PUBLIC RIGHT-OF-WAY TO CONSTRUCT AN ACCESS DRIVEWAY ON LANSBERRY PARK DRIVE WHEREAS, the unimproved right-of-way between Assessor’s Parcels 54PP-13 and 54PP-14 in Lansberry Park Subdivision has been dedicated to public use; and
WHEREAS, the owners of Assessor’s Parcel 54C-1-23 request access of the 50-foot wide right-of-way between the aforementioned parcel to construct an unpaved driveway; and WHEREAS, the owners shall execute an agreement relieving the County of all liability and maintenance associated with the granted access on the right-of-way; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of November, 2007, that the owners of Assessor’s Parcel 54C-1-23 be and they hereby are given permission to construct and maintain a driveway on an unimproved public street right-of-way between Assessor’s Parcels 54PP-13 and 54PP-14 in Lansberry Park Subdivision. Item 7. Transportation; Petition VDOT to Include Easter Drive, Blessed Court and Power Way, within Berkshire Subdivision, Section I; Havenswood Way with Chapel View Subdivision; and Trellis Drive, Oleander Drive and Pergola Drive, within Manors at Greenridge Subdivision, into the Secondary System of State Highways Resolution R07-426 reads as follows:
WHEREAS, the Board, pursuant to Section 33.1-229 of the Code of Virginia (1950), as amended, desires to add Easter Drive, Blessed Court and Power Way, within Berkshire Subdivision, Section One, into the Secondary System of State Highways; and WHEREAS, the Virginia Department of Transportation (VDOT) has inspected these streets and found them acceptable; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of November 2007, that the Virginia Department of Transportation be and it hereby is petitioned to include the following streets, Berkshire Subdivision, Section One, into the Secondary System of State Highways:
Street Station Length
Easter Drive Fr: Inter. Power Way/Blessed Ct. (SR-1946) 0.19 Mile
Blessed Court Fr: Inter. Easter Drive (SR-1945) 0.08 Mile
Easter Drive Fr: Inter. Easter Drive (SR-1945) 0.05 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 Berkshire Subdivision, Section One, LR 040048153, recorded December 12, 2004; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the developer and the Residency Administrator of VDOT. Resolution R07-439 reads as follows:
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 Havenwoods Way, within Chapel View Subdivision, into the Secondary System of State Highways; and WHEREAS, the Virginia Department of Transportation (VDOT) has inspected this street and found it acceptable; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of November 2007, that the Virginia Department of Transportation be and it hereby is petitioned to include the following street, within Chapel View Subdivision, into the Secondary System of State Highways:
Street Station Length An unrestricted right-of-way (ROW), as indicated above, for this street with necessary easements for cuts, fills and drainage is guaranteed, as evidenced by Plat of Record entitled Chapel View, LR 040040642, recorded October 20, 2004; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the developer and the Residency Administrator of VDOT. Resolution R07-440 reads as follows:
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 Trellis Drive, Oleander Drive and Pergola Drive, within Manors at Greenridge Subdivision, into the Secondary System of State Highways; and WHEREAS, the Virginia Department of Transportation (VDOT) has inspected these streets and found them acceptable; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of November 2007, that the Virginia Department of Transportation be and it hereby is petitioned to include the following streets, within Manors at Greenridge Subdivision, into the Secondary System of State Highways:
Street Station Length
Oleander Drive Fr: 0.10 Mi. East Inter. Trellis Drive (SR-2047) 0.10 Mile
Oleander Drive Fr: Inter. Trellis Drive (SR-2047) 0.09 Mile
Pergola Drive Fr: 0.08 Mi. S. Inter. Oleander Drive (SR-2048) 0.08 Mile
Pergola Drive Fr: Inter. Oleander Drive (SR-2048) 0.13 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 Manors at Greenridge, LR 020037434, recorded December 11, 2002; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the developer and the Residency Administrator of VDOT. Item 10. Budget; Adopt the FY2009 Budget Calendar Resolution R07-422 reads as follows:
A RESOLUTION TO ESTABLISH THE FISCAL YEAR 2009 WHEREAS, Section 15.2-2503 of the Code of Virginia (1950), as amended, states that the governing body shall receive the budget for the upcoming Fiscal Year by April 1st of each year; and WHEREAS, Section 22.1-93 of the Code of Virginia (1950), as amended, requires that the governing body prepare and approve the annual budget for the upcoming Fiscal Year for educational purposes by May 1st of each year; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of November, 2007, that the Fiscal Year 2009 Budget Calendar be and it hereby is established as follows:
January 21 Superintendent Presents Recommended Budget to School Board
Authorization to Advertise FY2009 Budgets and CY2008 Tax Rate if assessments result in an increase of 1% or more 11 School Board Consideration and Adoption of School Budget
18 Board of Supervisors Meeting 19 Joint Work Session with School Board
Authorization to Advertise FY2009 Budgets and CY2008 Tax Rate if assessments do not result in an increase of 1% or more
15 Board of Supervisors Meeting
22 Budget Work Session
June BE IT FURTHER RESOLVED that the County Administrator be and he hereby is requested to prepare the Fiscal Year 2009 Budget in accordance with the Principles of High Performance Financial Management as adopted by the Board on June 21, 2005. Item 11. Administration; Support the Assign-A-Highway Program Resolution R07-467 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, the County sponsors or assists with various litter cleanup groups and programs, such as the Rappahannock Area Office on Youth, the Rappahannock Regional Jail, Spring and Fall Community Pride Weeks, and the Rappahannock River and Make A Difference Day cleanups; and WHEREAS, the County of Stafford, the George Washington Regional Commission, and the Rappahannock Regional Jail are in agreement to make it a priority to clean up County streets and roads; and WHEREAS, the George Washington Region First Impressions Program adopted by the George Washington Regional Commission shall implement an Assign-A-Highway Program to improve tourism, the natural beauty of our region, and protect the health, safety and welfare of the citizens of the County; and WHEREAS, Rappahannock Regional Jail Community Based Probation Officers assign probationers to community service work, whether through court order or as a sanction from the probation officer, and such community service work placement may be to pick up litter along County streets and roads as part of the conditions of probation; and WHEREAS, the Board believes that the Regional Litter Control Program Coordinator working in conjunction with Stafford County Litter Control workers and Rappahannock Regional Jail Community-Based Probation can develop a program to abate litter on County streets and roads; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of November, 2007, that the Board be and it hereby does agree to participate in the Assign-A-Highway Program in conjunction with the George Washington Regional Commission and the Virginia Department of Transportation for the health, safety and welfare of its citizens. Item 12. Parks and Recreation; Budget and Appropriate Funds for Patawomeck Park and the C. Ray Grizzle Center Resolution R07-452 reads as follows: A RESOLUTION TO BUDGET AND APPROPRIATE FUNDS FOR PATAWOMECK PARK AND THE C. RAY GRIZZLE COMMUNITY CENTER WHEREAS, funds in the amount of $30,000 were received as part of a legal settlement for construction of Smith Lake Park; and WHEREAS, construction repairs for Smith Lake Park were paid from Parks and Recreation funds; and WHEREAS, funds are needed for completion of Phase I development at Patawomeck Park and for a structural survey of the C. Ray Grizzle Community Center; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of November, 2007, that Thirty Thousand Dollars ($30,000) be and it hereby is budgeted and appropriated for Patawomeck Park - Phase I and the C. Ray Grizzle Community Center. Item 14. Legislative; Appoint Members to Boards, Authorities, Commissions and Committees Resolution R07-444 reads as follows: A RESOLUTION TO APPOINT A MEMBER TO THE RAPPAHANNOCK JUVENILE DETENTION COMMISSION WHEREAS, pursuant to Section 16.1-315 through Section 16.1-322 of the Code of Virginia (1950), as amended, the Board of Supervisors appoints members to serve on the Rappahannock Juvenile Detention Commission; and WHEREAS, the Board has previously appointed the following: NAME EXPIRATION
Steve Crosby Virtue of Office
Cheryl Beagle December 31, 2008
Richard Clore December 31, 2004
William C. Tignor December 31, 2009 WHEREAS, Cheryl Beagle, Budget Director, has submitted her resignation; and WHEREAS, Nancy Collins has been appointed Acting Budget Director; and WHEREAS, the Board desires to fill this vacancy; and WHEREAS, the term of appointment is four years; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of November, 2007, that NAME EXPIRATION
Nancy Collins December 31, 2008 be and he hereby is appointed to the Rappahannock Juvenile Detention Commission. Resolution R07-445 reads as follows:
A RESOLUTION TO APPOINT A MEMBER TO THE COMMUNITY WHEREAS, Resolution R92-551, adopted by the Board on December 15, 1992, established a Community Policy and Management Team for At-Risk Youth and Families; and WHEREAS, the Comprehensive Services Act requires that, at a minimum, the team consist of a representative of the Rappahannock Area Community Services Board, the Juvenile Court Services Unit, the Department of Health, the Department of Social Services, the local school division, a parent from the community, a private provider organization and at least one elected official or appointed official or his designee from the Governing Body; and WHEREAS, the terms of agency heads are permanent, as long as the appointee serves as an agency head and the terms of private provider and parent representative are for three years; and WHEREAS, the Board has previously appointed the following: NAME EXPIRATION
Ronald W. Branscome Virtue of Office
Michael Mastopaolo Virtue of Office
Thomas Frank Virtue of Office
Michael Muse Virtue of Office
Dr. Jean Murray Virtue of Office
Daniella Servan December 31, 2008
Lynn McFaden December 31, 2008
Peter J. Fields Term of Office WHEREAS, Dr. Jean Murray is no longer the Superintendent of the Local School Division; and WHEREAS, the Board desires to fill this vacancy; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of November, 2007, that NAME EXPIRATION
Dr. David Sawyer Virtue of Office be and he hereby is appointed as a member of the Community Policy and Management Team for At-Risk Youth and Families. Utilities; Award Contract for Utility Billing Services. Mr. Milde commented. Mr. Robert E. Bos, Public Utilities Administrator, commented further. Mr. Milde motioned, seconded by Mr. Schwartz, to adopt proposed Resolution R07-224.
The Voting Board tally was:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR 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 Department of Utilities needs to provide electronic printing and mailing services for bills for Stafford citizens; and WHEREAS, sufficient funds are appropriated in the current fiscal year budget for the services; and WHEREAS, based upon the content of the proposals, the selection committee determined that DataProse was the most qualified firm to provide print and mail services and receive the largest postage discounts for which the County may qualify; and
WHEREAS, DataProse has proposed to provide print and mail service and NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of November, 2007, that the County Administrator be and he hereby is authorized to execute a contract with DataProse in an amount not to exceed Two Hundred Four Thousand Six Hundred Two Dollars ($204,602) for electronic printing and mailing services. Utilities; Award Contract for Construction of Phase I of the Nutrient Removal Upgrades at the Aquia Wastewater Treatment Facility. Mr. Fields commented. Mr. Robert E. Bos, Public Utilities Administrator, commented further. Mr. Fields motioned, seconded by Mr. Milde, to adopt proposed Resolution R07-457. Discussion ensued.
The Voting Board tally was: Planning and Zoning; Refer a Comprehensive Plan Amendment to the Planning Commission and Authorize the Initiation of the Reclassification of Parcels in the Courthouse Redevelopment Area. Mr. Fields commented. Mr. Fields motioned, seconded by Mr. Schwartz, to defer proposed Resolution R07-423 indefinitely. Discussion ensued. Mr. Gibbons made a substitute motion, seconded by Mr. Milde, to request that the Planning Commission further review the issue. Discussion further ensued. The County Attorney commented on the motion to defer indefinitely and stated that the motion needed to be voted on; the substitute motion was not in order.
The Voting Board tally on the original motion was: Mr. Gibbons motioned, seconded by Mr. Milde, to adopt proposed Resolution R07-423 with a change.
The Voting Board tally was: Resolution R07-423 reads as follows: A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO INITIATE THE APPLICATION PROCESS TO RECLASSIFY ASSESSOR’S PARCELS 29-92A, 92B, 93A, 93C, AND 93D; 29A-1-9A; 30-56; 38-77, 80, 80A, 81, 81A, 82, 83, 83A, 83B, 83C, 83D, 83E, 83F, 83G, 83H, 83J, 83K, 83L, 84, 84A, 85, 85A, 86A, 86B, 86C, 92, 92A, 93, 95, AND 96; AND 39-1 (PORTION), 4, 4A, 16, 16H, 16L, AND 56D; FROM M-1, LIGHT INDUSTRIAL, AND M-2, HEAVY INDUSTRIAL, TO B-2, URBAN COMMERCIAL, ZONING DISTRICT AND ASSESSORS PARCELS 30-50 AND 53; FROM R-1, SUBURBAN RESIDENTIAL, TO B-2, URBAN COMMERCIAL; FOR THE COURTHOUSE REDEVELOPMENT AREA AND CONSTRUCTION OF THE FUTURE COUNTY COURTHOUSE PROJECTS WHEREAS, the Board has endorsed the strategic plan for redevelopment of the Courthouse area in the vicinity of Jefferson Davis Highway and Courthouse Road; and WHEREAS, the current R-1 zoning of parcels is not compatible with the construction of the future County Courthouse projects; and WHEREAS, the current M-1 zoning and M-2 zonings of the properties are not compatible with the mission of and plans for development of the Courthouse Redevelopment Area; and WHEREAS, seeking a change to the zoning of the property will allow the area to be developed in conformance with the strategic plan; and, WHEREAS, the Board desires to initiate the rezoning of the subject parcels; and WHEREAS, Section 15.2-2286, VA Code Ann., authorizes the Board to initiate an amendment to zoning classification of property; and WHEREAS, the public necessity, convenience, general welfare, and good zoning practices require the proposed rezoning; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of November, 2007, that the Board hereby initiates a zoning reclassification on Assessor’s Parcels 29-92A, 92B, 93A, 93C, and 93D; 29A-1-9A; 30-56; 38-77, 80, 80A, 81, 81A, 82, 83, 83A, 83B, 83C, 83D, 83E, 83F, 83G, 83H, 83J, 83K, 83L, 84, 84A, 85, 85A, 86A, 86B, 86C, 92, 92A, 93, 95, and 96; and 39-1 (portion), 4, 4A, 16, 16H, 16L, and 56D; from M-1, Light Industrial, and M-2, Heavy Industrial, to B-2, Urban Commercial, Zoning District, and Assessors Parcels 30-50 and 53; from R-1, Suburban Residential, to B-2, Urban Commercial; and requests the Planning Commission to conduct a public hearing and include a recommendation to the Board concerning the proposed rezoning. Mr. Gibbons motioned, seconded by Mr. Milde, to adopt proposed Resolution R07-424.
The Voting Board tally was: Resolution R07-424 reads as follows: A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO INITIATE THE APPLICATION PROCESS TO RECLASSIFY ASSESSOR’S PARCELS 29-92A, 92B, 93A, 93C, AND 93D; 29A-1-9A; 30-56; 38-77, 80, 80A, 81, 81A, 82, 83, 83A, 83B, 83C, 83D, 83E, 83F, 83G, 83H, 83J, 83K, 83L, 84, 84A, 85, 85A, 86A, 86B, 86C, 92, 92A, 93, 95, AND 96; AND 39-1 (PORTION), 4, 4A, 16, 16H, 16L, AND 56D; FROM M-1, LIGHT INDUSTRIAL, AND M-2, HEAVY INDUSTRIAL, TO B-2, URBAN COMMERCIAL, ZONING DISTRICT AND ASSESSORS PARCELS 30-50 AND 53; FROM R-1, SUBURBAN RESIDENTIAL, TO B-2, URBAN COMMERCIAL; FOR THE COURTHOUSE REDEVELOPMENT AREA AND CONSTRUCTION OF THE FUTURE COUNTY COURTHOUSE PROJECTS WHEREAS, the Board has endorsed the strategic plan for redevelopment of the Courthouse area in the vicinity of Jefferson Davis Highway and Courthouse Road; and WHEREAS, the current R-1 zoning of parcels is not compatible with the construction of the future County Courthouse projects; and WHEREAS, the current M-1 zoning and M-2 zonings of the properties are not compatible with the mission of and plans for development of the Courthouse Redevelopment Area; and WHEREAS, seeking a change to the zoning of the property will allow the area to be developed in conformance with the strategic plan; and, WHEREAS, the Board desires to initiate the rezoning of the subject parcels; and WHEREAS, Section 15.2-2286, VA Code Ann., authorizes the Board to initiate an amendment to zoning classification of property; and WHEREAS, the public necessity, convenience, general welfare, and good zoning practices require the proposed rezoning; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of November, 2007, that the Board hereby initiates a zoning reclassification on Assessor’s Parcels 29-92A, 92B, 93A, 93C, and 93D; 29A-1-9A; 30-56; 38-77, 80, 80A, 81, 81A, 82, 83, 83A, 83B, 83C, 83D, 83E, 83F, 83G, 83H, 83J, 83K, 83L, 84, 84A, 85, 85A, 86A, 86B, 86C, 92, 92A, 93, 95, and 96; and 39-1 (portion), 4, 4A, 16, 16H, 16L, and 56D; from M-1, Light Industrial, and M-2, Heavy Industrial, to B-2, Urban Commercial, Zoning District, and Assessors Parcels 30-50 and 53; from R-1, Suburban Residential, to B-2, Urban Commercial; and requests the Planning Commission to conduct a public hearing and include a recommendation to the Board concerning the proposed rezoning. Budget; Adopt the Fiscal Year 2008-2012 Capital Improvements Program and Indicate Intent to Reimburse Certain Capital Improvement Expenditures. Mr. Anthony Romanello, Deputy County Administrator, and Ms. Maria Perrotte, Chief Financial Officer, gave a presentation and responded to Board members questions. Mr. Fields motioned, seconded by Mr. Gibbons, to adopt proposed Resolution R07-427 with Version3. Discussion ensued. Mr. Fields amended the motion to include Version 2 not Version 3. Mr. Gibbons accepted the amended motion.
The motion died for lack of a second to the motion. Mr. Gibbons made a substitute motion, seconded by Mr. Schwartz, to defer the item until the next Board meeting. Discussion ensued. Mr. Gibbons withdrew the motion. Mr. Schwartz withdrew the second to the motion. Mr. Fields motioned, seconded by Mr. Milde, to adopt proposed Resolution R07-427 with Version2 and changes.
The Voting Board tally was: Resolution R07-427 reads as follows:
A RESOLUTION TO ADOPT THE FISCAL YEAR 2008-2012 WHEREAS, the five-year Capital Improvements Program (CIP) is a significant part of the Comprehensive Plan; and WHEREAS, it is necessary to identify needed capital improvements; and WHEREAS, financial constraints restrict the ability of the County to fully fund the CIP; and WHEREAS, the Board has considered the recommendation of the County Administrator and the testimony at the public hearing; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of November, 2007, that the FY2008-2012 CIP as directed by the Board of Supervisors be and it hereby is adopted as part of the Comprehensive Plan; and BE IT FURTHER RESOLVED that Intent to Reimburse Certain Capital Improvement Expenditures for projects indicated in the FY2008-2012 CIP be and it hereby is adopted as follows:
NOTICE OF INTENT TO REIMBURSE Section 1: Statement of Intent. The County presently intends, at one time or from time to time, to finance projects in the FY2008-2012 Capital Improvements Program with tax-exempt or taxable bonds or other obligations (the "Bonds") and to reimburse capital expenditures paid by Stafford County (including expenditures previously paid by the County to the extent permitted by law) in connection with the Projects before the issuance of the Bonds. Section 2: Source of Interim Financing and Payment of Bonds. Stafford County expects to pay the capital expenditures related to the Projects and incurred before the issuance of the Bonds with an interfund loan or loans from the General Fund or from temporary appropriations or loans from the General Capital Projects Fund. Stafford County expects to pay debt service on the Bonds from the General Fund consisting of general tax revenues for the projects to be financed in the FY2008-2012 Capital Improvements Program. The maximum amount of Bonds expected to be issued for the Projects is $288,504,552. Section 3: Effective Date; Public Inspection. This Resolution is adopted for the purposes of complying with Treasury Regulation Section, 1.150-2 or any successor regulation and shall be in full force and effect upon its adoption. The Clerk of the Board shall file a copy of this Resolution in the records of Stafford County available for inspection by the general public during Stafford County's normal business hours. Legislative; Discuss Business, Professional and Occupational License (BPOL). Mr. Milde motioned, seconded by Mr. Fields, to defer this item indefinitely.
The Voting Board tally was: Recess. At 2:47 P. M., the Chairman declared a recess. Call to Order. At 2:58 P. M., the Chairman called the meeting back to order. Finance; Presentation on Budgets for 2007 (Closeout); 2008 (Update); and 2009 (Preview). Ms. Maria Perrotte, Chief Financial Officer; Ms. Nancy Collins, Acting Budget Director, and Mr. Scott Mayausky, Commissioner of the Revenue, gave a presentation and responded to Board members questions. Discussion ensued. Finance; Reappropriate Funds from FY2007 to FY2008 for Operating Purchase Orders and Incomplete Commitments. Ms. Maria Perrotte, Chief Financial Officer, gave a presentation and responded to Board members questions. Mr. Gibbons motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-464.
A RESOLUTION TO REAPPROPRIATE FUNDS FROM FY 2007 WHEREAS, Section 15.2-2506 of the Code of Virginia (1950), as amended, stipulates that appropriations be approved for a maximum period of one (1) fiscal year and that appropriations lapse at fiscal year end; and WHEREAS, the County has executed orders or contracts for the purchase of goods and services that were not received by June 30, 2007, and for which funding was provided in prior years; and WHEREAS, various projects approved and funded in prior years were not complete by June 30, 2007; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of November, 2007, that the amounts for outstanding encumbrances and incomplete projects as of June 30, 2007, be and they hereby are appropriated to Fiscal Year 2008 as follows: BE IT FURTHER RESOLVED that the Board hereby transfers $1,730,873 from the General Fund to the General Capital Projects Fund for communication system project expenditures. GENERAL FUND
Operating Encumbrances $ 1,713,619 TRANSPORTATION FUND Operating Encumbrances $ 103,701 GENERAL CAPITAL PROJECTS FUND
Operating Encumbrances $ 19,549,359 UTILITIES FUND
Operating Encumbrances $ 573,424 SCHOOLS
Operating Fund $ 5,797,868 Legislative; Discuss North Stafford Campus for Germanna Community College. Mr. Gibbons commented. Mr. Gibbons requested this item be placed on the agenda for the next Board meeting for a briefing by Germanna President Dr. David A. Sam. Legislative; Discuss Discovery Days. Mr. Gibbons commented. Mr. Gibbons motioned, seconded by Mr. Schwartz, to fully support staff on Discovery Day efforts to date. Discussion ensued.
The Voting Board tally was: Legislative; Discuss Education Statistics. Mr. Milde commented. Discussion ensued. Legislative; Discuss Appointments of PRTC Executive Committee Members and Virginia Railway Express (VRE) Operations Board Members/Alternate. Mr. Milde commented. Discussion ensued. Mr. Gibbons motioned, seconded by Mr. Schwartz, to suspend the Bylaws of the Board regarding the appointment of members to Boards, Authorities, Commissions, and Committees, regarding appointment to the PRTC/VRE prior to January 1st.
Mr. Gibbons motioned, seconded by Mr. Schwartz, to nominate Mr. Milde and Mr. Schwartz be appointed to the PRTC and the VRE Board, with Mr. Milde on the Executive Committee. Discussion ensued.
The Voting Board tally was: Legislative; Discuss Counting House in Falmouth. Mr. Milde commented. The County Administrator commented further. Legislative; Discuss Proffer Guidelines. Mr. Milde commented. The County Attorney commented further. Mr. Milde motioned, seconded by Mr. Gibbons, that a zoning text amendment regarding proffers be referred to the Planning Commission. The Voting Board tally was:
Yea: (6) Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito Legislative; Discuss Litter Cleanup Near Landfill. This item was removed by Mr. Milde. Legislative; Discuss Swim Lane Allocations. Mr. Dudenhefer commented. Mr. Dudenhefer motioned, seconded by Mr. Milde, that the reallocation of lane hours according to an established chart be followed and that a written policy be developed for future use.
The Voting Board tally was: Legislative; Discuss House Bill 3202. Mr. Gibbons commented. Hearing No objections from the Board, Mr. Gibbons and Mr. Schwartz were appointed to further review HB3202 and report back at the next Board meeting. Legislative; Closed Meeting. At 4:35 P.M., Mr. Fields motioned, seconded by Mr. Gibbons, to adopt proposed Resolution CM07-33.
The Voting Board tally was: Call to Order: At 4:50 P.M., the Chairman called the meeting back to order. Mr. Gibbons motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution CM07-33a.
The Voting Board tally was: Resolution CM07-33a reads as follows:
A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD WHEREAS, the Board has, on this the 20th day of November, 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 20th day of November, 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. Mr. Schwartz motioned, seconded by Mr. Fields, to adopt proposed Resolution R07-475.
The Voting Board tally was: Resolution R07-475 reads as follows: A RESOLUTION APPROVING THE PURCHASE OF A PORTION OF PARCEL 43-26 FOR ROCKY PEN RUN RESERVOIR WHEREAS, the Board previously authorized the quick take condemnation of a 7.82 acre portion of Parcel 43-26, owned by Darryll E.M.D. Brooks and Zsara E. Brooks Hamlin (Heirs At Law Of Margaret P. Brooks); and Mariellen T. Brooks and Chesiree A. Brooks (Heirs At Law Of Clarence E. Brooks, III, Heir Of Margaret P. Brooks), for the appraised value of $122,328 which funds were deposited with the Stafford County Circuit Court; and WHEREAS, the Brooks’ family withdrew the deposited funds, as allowed by law; and WHEREAS, the Brooks’ family initially demanded $315,200 for the property; and WHEREAS, based upon further analysis of the property, the County increased its offer for the acquisition of the involved acreage to $162,328, which is an increase of $40,000 over the amount previously deposited with the Court; and WHEREAS, the County’s increased offer of $162,328 to purchase the 7.82 acre portion of Parcel 43-26 was accepted by the property owner; and WHEREAS, Staff recommends approval of the increased compensation to acquire the 7.82 acre portion of the Brooks’ parcel; and WHEREAS, the Board needs to approve the additional compensation to purchase this property and settle the pending quick take condemnation litigation; NOW, THEREFORE, BE IT RESOLVED that the Stafford County Board of Supervisors does hereby approve the additional compensation for the 7.82 acre portion of the Brooks’ property in the amount of Forty Thousand Dollars ($40,000) for a total purchase price of One Hundred Sixty-two Thousand Three Hundred Twenty-eight Dollars ($162,328) and does further authorize the County Administrator to sign all documents necessary to complete the acquisition of the involved portion of Parcel 43-26. Recess. At 4:52 P.M., the Chairman declared a recess. Call to Order. At 7:00 P.M., the Chairman called the meeting back to order. Invocation. Mr. Fields gave the Invocation. Pledge of Allegiance. Boy Scout Pack 578 Troop 1940 lead in the recitation of the Pledge of Allegiance to the Flag of the United States of America. Legislative; Presentations by the Public. Persons spoke on topics as identified:
Robert Hopkins - County employees. Public Information; Execute a Cable Television Franchise Agreement with Cavalier IP TV, LLC. Ms. Cathy Riddle, Public Information Manager, introduced Mr. Brian Grogin, Attorney, who gave a presentation and responded to Board members questions.
The Chairman opened a public hearing. Mr. Milde motioned, seconded by Mr. Schwartz, to adopt proposed Resolution R07-430.
The Voting Board tally was: Resolution R07-430 reads as follows: A RESOLUTION TO EXECUTE A CABLE TELEVISION FRANCHISE AGREEMENT WITH CAVALIER IP TV, LLC WHEREAS, Cavalier IP TV, LLC currently provides telephone and high-speed Internet services to Stafford customers through leased copper and fiber owned by Verizon; and WHEREAS, Cavalier proposes to use its existing fiber distribution network to provide digital television programming services to a small geographic area in the southern portion of the County within 12,000 line feet of Verizon’s head end facility located in the City of Fredericksburg; and WHEREAS, the County and Cavalier have negotiated in good faith for terms and conditions that provide the highest quality cable television services possible; and WHEREAS, the County and Cavalier have agreed to terms that are incorporated in a cable system Franchise Agreement, including pertinent exhibits that are incorporated by reference; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 20th day of November, 2007, that the County Administrator be and he hereby is authorized to execute a Franchise with Cavalier IP TV, LLC. Utilities; Mandatory Water and Sewer Connections. Mr. Dale Allen, Assistant Director of Utilities-Engineering, gave a presentation and responded to Board members questions.
The Chairman opened a public hearing. Mr. Gibbons motioned, seconded by Mr. Milde, to adopt proposed Ordinance O07-44. Discussion ensued. Mr. Brito made a substitute motion, seconded by Mr. Fields, to adopt proposed Ordinance O07-44 with a change to be effective January 1, 2008.
The Voting Board tally was:
The Voting Board tally on the original motion was: Ordinance O07-44 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN Chapter 25 WHEREAS, the Board, on December 13, 2005, adopted Ordinance O05-50 which amended Section 25-71(b) of the County Code to require that all projects inside the Urban Service Area utilize the public water and sewer systems; and WHEREAS, County staff has identified eight projects inside the Urban Service Area that were under design when Ordinance O05-50 was adopted and which are adversely impacted by the ordinance; and WHEREAS, on February 20, 2007, the Board adopted R07-110 which referred the issue to the Utilities Commission for review; and WHEREAS, the Utilities Commission reviewed the issue and has recommended the adoption of Ordinance O07-44 as a means of resolving this issue; and WHEREAS, a subcommittee of the Board has recommended further revisions to Ordinance O07-44; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 20th day of November, 2007 that Chapter 25, Section 71, entitled “General Provisions”, be and it hereby is amended and reordained by revising Section 25-71 to read as follows: Sec. 25-71. General Provisions
(a) The developer of any new subdivision intended for industrial, residential or commercial use, or any combination thereof, or an industrial site or owner of any property who is required to submit a preliminary subdivision plan, a subdivision construction plan, a minor subdivision plan, or a major site plan shall construct, when required, sanitary sewers and domestic fresh water distribution lines within the subdivision or development at the developer's expense. Immediately upon completion and final acceptance of the construction work, the sanitary sewer and water facilities, with necessary easement, shall become the property of the County.
i) water and/or sewer is not presently available to the property; and
Planning and Zoning; Amend and Reordain the Zoning Ordinance by Amending the Zoning District Map to Reclassify from A-1, Agricultural and M-1, Light Industrial, to
The Chairman opened a public hearing on the three issues. Mr. Milde motioned, seconded by Mr. Schwartz, to adopt proposed Ordinance O07-73.
The Voting Board tally was: Ordinance O07-73 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN THE ZONING WHEREAS, Medicorp Properties, Inc. has submitted application RC2700335 requesting reclassification, of Assessor’s Parcel 39-62 (portion) from A-1, Agricultural, and M-1, Light Industrial, to B-2, Urban Commercial, consisting of 3.5 acres, located on the east side of Jefferson Davis Highway south of Courthouse Road, within the Aquia Election District; and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission, staff and testimony at the public hearing; and WHEREAS, the Board has determined that the requested zoning is compatible with the surrounding land uses and zoning; and WHEREAS, the Board finds that public necessity, convenience, general welfare, or good zoning practice requires adoption of an ordinance to reclassify the subject property;
NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 20th day of November, 2007, that the Zoning Ordinance for Stafford County be and it hereby is amended and reordained by amending the zoning district map to reclassify from A-1 Agricultural, and M-1, Light Industrial, to B-2, Urban Commercial, Assessor’s Parcel 39-62 (portion), with the following proffers:
The Voting Board tally was: Resolution R07-411 reads as follows:
A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT PURSUANT TO APPLICATION CUP2700337 FOR EXCEPTION WHEREAS, MediCorp Properties, Inc, applicant, has submitted application CUP2700337 requesting a Conditional Use Permit for directional signage to exceed the height requirements on Assessor’s Parcel 39-62; and WHEREAS, the application has been submitted pursuant to Stafford County Code Section 28-38 (d) of the Zoning Ordinance which permits a Conditional Use Permit to modify height requirement of specific structures; and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission, staff, and the 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 20th day of November, 2007, that a Conditional Use Permit pursuant to application CUP2700337 be and it hereby is approved with the following conditions: This Conditional Use Permit is to allow an exception to the maximum allowable height for directional signs on Assessor’s Parcel 39-62. Type and height of signs is restricted to that shown on page 3 of the General Development Plan (GDP) entitled “Stafford Hospital Center C.U.P. – Signage Plan”, dated September 17, 2007, prepared by Bagby, Caldwell & Associates. Signs shall be of a consistent pattern and scheme throughout subject area, as depicted on the GDP, with the exception of any signage provided subject to development condition 8 below. Illumination of monument signage shall not exceed the intensity of 0.3 footcandles at property lines. Illumination for monument signs shall be limited to lettering, graphics, and hospital symbols. Light-emitting diode (LED) lighting is prohibited on all monument signs. If the initial sign permits are not obtained within 3 years from the date of approval, this Conditional Use Permit shall expire. Other signage not depicted on the GDP shall be permitted on the property provided that it meets the requirements of the Zoning Ordinance. Sign A, as depicted on Sheet 3 of the GDP, includes the stone wall and, together with the stone wall, shall not exceed a total height of 20 feet. This Conditional Use Permit may be revoked or conditions amended by the Board for violation of these conditions or any applicable county, federal, or state codes.
Mr. Milde motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution
The Voting Board tally was: Resolution R07-416 reads as follows:
A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT, PURSUANT TO APPLICATION CUP2700336, TO ALLOW a hospital in an HC, Highway Corridor overlay district and TO ALLOW A HOSPITAL AND MEDICAL CLINICS IN a B-2, Urban Commercial Zoning District, on Assessor's Parcel 39-62 WHEREAS, MediCorp Properties, Inc., applicant, has submitted application CUP2700336 requesting a Conditional Use Permit to allow a hospital in an HC, Highway Corridor overlay district, and a hospital and medical clinics in a B-2, Urban Commercial Zoning District on the above-described property; and WHEREAS, the application has been submitted pursuant to Stafford County Code Section 28-35, Table 3.1 of the Zoning Ordinance which permits this use in a B-2, Urban Commercial Zoning District; and pursuant to Stafford County Code Section 28-59(e), of the Zoning Ordinance which permits this use in a Highway Corridor Overlay District (HCOD); and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission, staff, and the 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 20th day of November, 2007, that a Conditional Use Permit, pursuant to application CUP2700336, be and it hereby is approved with the following conditions: 1. This Conditional Use Permit is for a hospital and medical/dental clinics to be located Assessor’s Parcel 39-62 (portion), comprised of 3.5 acres in a B-2, Urban Commercial Zoning District and a Highway Corridor Overlay District (HCOD). 2. The property shall be developed in general conformance with the General Development Plan (GDP), prepared by Michael M. Bagby, P. E., dated May 15, 2007, last revised September 17, 2007, entitled Stafford Hospital Center Rezoning and Conditional Use Permit Plan. 3. No more than 270,000 square feet shall be devoted to clinic activities. 4. The applicant shall dedicate sixty (60) feet of right-of-way from the existing centerline along the Jefferson Davis Highway frontage of the property, and reserve an additional twenty (20) feet of right-of-way if needed for the future widening of Jefferson Davis Highway to a six-lane facility. 5. The applicant shall dedicate thirty-five (35) feet of right-of-way from the existing centerline along the Courthouse Road frontage of the property.
6. The applicant shall construct the following transportation improvements as
a. A four-lane public road to serve the site, constructed to Virginia Department of Transportation (VDOT) standards, providing connection from Jefferson Davis Highway to Courthouse Road. At least two lanes from Jefferson Davis Highway to Courthouse Road shall be completed prior to the issuance of an occupancy permit for the hospital. The ultimate four-lane road shall be completed prior to the issuance of an occupancy permit for the medical facilities on the “east campus”, as shown on the GDP. 7. The applicant shall realign the northernmost section of Old Potomac Church Road generally as shown on the GDP, subject to consent from the owners of the impacted parcel(s). The westernmost entrance into the “west campus” from the proposed internal road shall be designed to accomplish the realignment of Old Potomac Church Road as shown on the GDP, while providing the maximum distance between such entrance and Jefferson Davis Highway as practical. 8. The applicant shall coordinate with the Fredericksburg Bus Transit Service (FRED) or other public transit provider to locate at least one bus stop on site and shall provide a standard bus shelter or canopy area adjacent to the hospital building, and include a bench. 9. If no additional turn lanes have been constructed by others at the Jefferson Davis Highway/Courthouse Road intersection, then prior to issuance of the first occupancy permit for the West Campus, the applicant shall design and install an emergency traffic interruption device at the existing traffic signal at the current intersection to provide for expedited response by Sheriff and emergency response vehicles. 10. The applicant shall work with Stafford County to encourage hospital-related vehicle traffic to utilize alternative means of access, such as the Interstate 95 interchange at Exit 136, to minimize impacts to and disruptions from the Jefferson Davis Highway/Courthouse Road intersection. For office buildings located within the property, Transportation Demand Management (TDM) strategies shall be utilized to attempt to reduce single occupant vehicular (SOV) traffic during peak periods. Lessees/purchasers shall be advised of this TDM strategy. Strategies implemented shall include the following: a. TDM materials describing available transit information, car/van pooling formation, alternative work schedules, and the FRED system shall be distributed to building occupants. b. Designated parking shall be identified for car pool/van pool use; c. Mass transit usage shall be encouraged and promoted through published transit service information made available in campus buildings; and d. Bicycle racks and shower facilities shall be provided for the use of office employees. e. The applicant shall work with the County to file an emergency evacuation plan for the hospital. 11. Two interparcel access points shall be provided to the abutting properties along the southern property boundary, with no obligation from the applicant to construct such connections. One such point of interparcel access shall be located in the “west campus” and one such point shall be located in the “east campus”. Such right-of-way shall be in a location and of a width consistent with applicable VDOT and County requirements and standards. 12. If a temporary pump station is constructed with the Resource Protection Area, as permitted, the applicant shall submit to the Planning Department a vegetation restoration plan consistent with Chesapeake Bay Act revegetation guidelines, and shall replant in accordance with such plan, to the extent permitted by the County, those portions of the RPA which were disturbed due to the construction of the temporary pump station. This restoration plan will be implemented upon the removal of the temporary pump station. All utility facilities located in the RPA area shall be set back as far as possible from the existing streambed. Any trails located within the RPA area will utilize the utility easements to the extent practical to avoid unnecessary clearing and disturbance.
13. Fire protection sprinkler systems shall be installed in all buildings.
15. Parking structures shall be designed to incorporate architectural treatments to visually break up the horizontal expanse of the structures and shall include materials compatible with the associated buildings. The applicant shall provide landscaping, to the extent reasonably practical, around the parking structures to visually break up the appearance of the façade of the parking garages as viewed from the public right-of-way through such means as planting of fast growing evergreen trees at 25-30 foot intervals. Lighting within the parking structures shall be of a low intensity design to minimize glare from projecting beyond the parking structure, consistent with providing adequate security lighting. Crime Prevention Through Environmental Design standards shall be utilized. b. All exterior light fixtures shall be "full cut-off outdoor lighting fixtures" as defined by the Illuminating Engineering Society of North America (IESNA). Light will be directed inward and downward toward the interior of the property, away from the public streets and the adjacent properties.
17. The helistop shall be used to transport patients to the hospital and from the hospital to other specialized medical facilities. There will be no refueling or permanently based flight operations at this helistop. The flight path for the helistop will be determined in conjunction with the Virginia Department of Aviation and the Federal Aviation Administration per Advisory Circular 150/5390 for the design of "Heliports." The approach and take off pathway will be designed to avoid the hospital buildings and adjacent residences and will generally follow the adjacent Stafford Hospital Boulevard. The heliport shall have a concrete landing pad, painted graphics, ground lighting, and an illuminated windsock. The design will incorporate a clear zone of a minimum of 120 feet in diameter. The ground lighting shall be extinguished when not in use. 19. Storage and disposal of infectious or medical wastes or hazardous materials shall be conducted in accordance with federal, state and local guidelines. 20. Minor surgery may be permitted within the medical clinics; however, there shall be no use of blood products associated with performing any surgical procedure except as necessary in extreme circumstances. 21. There shall be no deliveries on–site to any buildings other than the hospital before 7:00 A.M. or after 9:00 P.M.
22. The day care center shall be designed to primarily serve employees of the hospital and other uses located on the property.
26. The applicant shall organize a Citizens Advisory Committee consisting of the immediate neighbors including those identified at the public hearing to meet regularly and continue the dialogue regarding the issues they raised regarding Planning and Zoning; Amend and Reordain the Zoning Ordinance by Amending the Zoning District Map to Reclassify from A-1, Agricultural, to B-2, Urban Commercial, 52.2 Acres on Assessor’s Parcel 37-25 for G&G/Centerport Gateway, LLC.and Planning and Zoning; Consider an Amendment to the Land Use Plan Component of the Comprehensive Plan. Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation on both issues.
The Chairman opened a public hearing on both issues. Mr. Brito motioned, seconded by Mr. Gibbons, to adopt proposed Ordinance O07-63.
The Voting Board tally was: Ordinance O07-63 reads as follows:
AN ORDINANCE TO AMEND AND REORDAIN THE ZONING WHEREAS, G&G/Centerport Gateway, LLC, has submitted application RC2700199 requesting reclassification, of Assessor’s Parcel 37-25 from A-1, Agricultural, to B-2, Urban Commercial, consisting of 51.2 acres, located on the north and south side of Centerport Parkway, west of the Interstate 95 interchange, within the Hartwood Election District; and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission, staff, and the testimony at the public hearing; and WHEREAS, the Board has determined that the requested zoning is compatible with the surrounding land uses and zoning; and WHEREAS, the Board finds that public necessity, convenience, general welfare, or good zoning practice requires adoption of an ordinance to reclassify the subject property; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 20th day of November, 2007, that the Zoning Ordinance for Stafford County be and it hereby is amended and reordained by amending the zoning district map to reclassify, from A-1 Agricultural, to B-2, Urban Commercial, Assessor’s Parcel 37-25. 1. Plan of Development for Centreport Gateway The Property and locations of buildings shall be developed in accordance with the illustrative land use plan depicted by the Generalized Development Plan, labeled the Master Plan, prepared by The Cox Company and dated August 7, 2007, except the walking trail across Centreport Parkway shall not be provided. The distribution of land uses shall govern subsequent site plan approvals, such that at full development of the Property, the following mix of uses and use intensity shall be achieved:
a. Minimum intensity of use for office/hotel/non-retail employment buildings shall not be less than 80% of combined retail, freestanding restaurant, and office/hotel/non-retail employment gross floor area. 2. Maximum Development Density, Coverage and Uses
a. Maximum Density: The density of development for office, business, retail, restaurant, lodging, and other permitted uses shall not exceed a floor area ratio of 0.30 FAR in relation to the gross area of the site. Parking structures are excluded from the calculation of floor area ratio. Total development within the Property shall not exceed the total density incorporated into the Traffic Impact Analysis (dated March 19, 2007) developed for the project. This total density was calculated as 379,200 square feet of gross floor area (SFGFA) for non-residential uses, exclusive of hotel and conference space.
Uses permitted by right:
Conditional Use Permit: Other uses not permitted by right or by conditional use, but also prohibited:
Adult entertainment, including adult bookstores, adult video sales and rental, and similar uses. 3. Design and Architectural Treatment
a. Coordinated Design Theme: The Applicant agrees to utilize a coordinated architectural theme and general layout of buildings that features a neo-traditional design. The elevations entitled “Centreport Gateway Elevations”, dated 11/15/07 are illustrative only, yet reflect the use of various building materials and the general character of design and design coordination for the buildings to be erected on the Property.
c. Architectural: Buildings in the development should be of “traditional” architectural themes, such as Federal, Charleston, and Georgian interpretative styling and vernacular designs, and shall include varied ornamentation, such as recesses, balconies, stoops, and breezeways. Building materials and design shall vary from building to building, but shall be predominantly brick, complemented by a mixture of glass, painted surfaces, and stucco. Parking garages shall incorporate the same types of material and design as the adjacent buildings. Windows and exterior design, including roofs, shall be distinct for given buildings and consistent with the architectural theme for the development. Standing seam roofs shall not be utilized. Heights of buildings will be established as low-to-mid rise, with building heights not to exceed four stories. 4. Regional Transportation Improvements
a. Planning and Design of Mine Road Extension: The Applicant proffers to undertake the planning and engineering design for the full section of the proposed Mine Road Extension from the existing “elbow” of the Centreport Parkway to its proposed terminus at Enon Road within TMP 45-121 (as depicted by Segments A and B on the “Proposed Access” exhibit). This proffer is subject to the acquisition of the necessary right-of-way for the proposed road improvement at the Applicant’s sole cost and expense. 5. Interparcel Connectivity In addition to the primary entrance connection to be located via Assessor’s Parcel 37-30A, the Applicant shall dedicate an additional interparcel road connection to Assessor’s Parcel 45-121 at a location to be determined during site plan review. The Applicant will provide dedication of sufficient on-site right-of-way and temporary easements, as well as appropriate site grading improvements to allow for the future construction of the interconnections and necessary drainage. Upon adoption by the County of an Official Map for transportation and other public improvements that would be necessary and sufficient to implement the economic development goals for the Centreport Parkway corridor, the Applicant shall dedicate the interconnection location. The Applicant shall construct the interconnection as close to the property line as possible without requiring off-site grading and drainage easements. This interconnection shall be constructed in concert with other on-site infrastructure improvements, and shall be designed and constructed to meet VDOT state standards. 6. Pedestrian Improvements within Property The Applicant shall provide a system of pedestrian trails and sidewalks within the Property as part of the site plan or plans for this Property which shall include pedestrian connections to adjoining properties. Sidewalks shall be a minimum of five (5) feet wide and shall be constructed of asphalt, concrete, or other permanent paving material. Pedestrian trails shall be a minimum of four (4) feet wide and shall be constructed of permeable/porous paving materials, provided that such materials may consist of concrete, asphalt or rubber pavement derivatives and may be used upon approval of the Director of Planning. The Applicant shall also construct a pedestrian bridge crossing of the existing stream at such time as the construction commences for the building labeled as the Conference Center on the Master Plan. In addition, the applicable design and construction standards of the County shall apply. 7. Utility Improvements and Easements The Applicant proffers to design and construct on-site (water, sewer and drainage) improvements adequate and sufficient to provide urban services to the subject Property at its sole expense and shall dedicate such utilities to the County upon request by the County’s Utilities Department. The Applicant agrees to upgrade and oversize the capacity and construct on-site utilities and off-site utilities (water and sewer) as may be necessary and sufficient to serve both the subject Property and other properties in the immediate service area as may be identified by the County, provided that the County shall facilitate and approve a pro-rata share cost reimbursement plan in accord with Virginia enabling statutes whereby the Applicant understands that it will be reimbursed on a pro-rata basis by other property owners at such time as future development or redevelopment plans and building permits are approved by the County pursuant to County policy. 8. Site Perimeter Buffers and Clearing Limits The Applicant shall prepare a landscape master plan with the first final site plan for the entire development. The Applicant shall introduce a mix of coniferous (evergreen) and deciduous trees for screening purposes. The number of trees, specific specimens, tree size and tree placement shall be subject to County approval with the final site plan. 9. Retaining Walls Any planned retaining walls shall be constructed at least twenty (20) feet outside the limits of the CRPA zone, provided that the County staff may waive this requirement where it can be demonstrated by the Applicant to the satisfaction of the County that the retaining walls will not contribute to future adverse impacts on the existing environmental conditions of the Property. 10. Acidic Soils If acidic soils are encountered on the Property, the Applicant shall retain a qualified geotechnical engineer and soils consultant to determine the extent of such soils and to recommend a plan and establish practices to neutralize any potential adverse environmental effect that may be caused by acidic soils. Such plan and practices shall consider the feasibility of adding topsoil or other forms of soil treatment. The recommended program for soil treatment shall be submitted to and approved by the County. The recommendations of this program shall be supported by a geotechnical engineering study that shall be submitted with the first plan of development for any land disturbing activity on the Property. 11. Groundwater Pollution Mitigation Measures The Applicant shall retain a qualified geotechnical engineer and environmental consultant to perform a technical study, at its sole expense, to assess, test, and determine the extent of groundwater pollutant impacts that may be associated with the development of the subject project. Such plan and practices shall consider the feasibility of any recommended forms of treatment. The program for groundwater pollution mitigation shall be accompanied by a geotechnical study and shall be submitted to and approved by the County with the application for the first final site plan for the Property.
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