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March 18, 2008
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 George H. Schwartz, Chairman, at 1:00 P. M., Tuesday, March 18, 2008, in the Board Chambers, Stafford County Administration Center. Roll Call. The following members were present: Robert “Bob” Woodson; M. S. “Joe” Brito, Vice Chairman; Harry E. Crisp; Mark Dudenhefer; Paul V. Milde, III; George H. Schwartz, Chairman and Cord A. Sterling. Also in attendance were: Anthony Romanello, County Administrator; Joe Howard, County Attorney and Marty Beard, Chief Deputy Clerk. Legislative; Presentation of a Proclamation to Recognize and Commend Bill D. Colvin for His Service as Stafford County Treasurer. Mr. Sterling presented the proclamation. Legislative; Presentation of the School Board’s Adopted Budget. Ms. Patricia Healy, Chairman of the School Board, gave a presentation on the School Board’s Adopted FY2009 Budget and responded to Board members questions. Discussion ensued. Legislative; Presentation of the County Administrator’s Proposed FY2009 County Budget. Mr. Anthony Romanello, County Administrator, gave a presentation on the proposed FY2009 County Budget and responded to Board members questions. Discussion ensued. Legislative; Follow-Up Discussion from 02/29-03/01 Special Meeting. Mr. Schwartz commented on the Board’s Code of Performance and Deliverables for 2008-2009. Mr. Milde motioned, seconded by Mr. Woodson, to adopt proposed Resolution R08-201.
The Voting Board tally was: Resolution R08-201 reads as follows:
A RESOLUTION TO AFFIRM THE STAFFORD COUNTY WHEREAS, the Board held a meeting on Friday, February 29th and Saturday, March 1st to discuss a wide range of topics germane to the County as well as the Board in addition to discussing some of the fundamental realities associated with governance in the 21st Century; and WHEREAS, the Board desires to endorse a code of performance to convey to each other, as well as to the citizens of the County, their commitment to conduct the business of the Board and the County in a professional and dignified manner; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of March 2008 that the following Code of Performance be and he hereby is endorsed: Stafford County Board of Supervisors Code of Performance Recognizing that persons holding a position of public trust are under constant observation, and recognizing that maintaining the integrity and dignity of the public office is essential for securing a high level of public confidence in our institutions of government, each member of the Stafford County Board of Supervisors pledges to adhere to the following performance standards: 1. Attend all regularly scheduled and called meetings as well as committee meetings relevant to your office. 2. Make a conscientious effort to be prepared for each meeting relevant to your office. 3. Maintain an attitude of courtesy toward colleagues, County staff and citizens during meetings, discussions and deliberations. 4. Be tolerant. Allow colleagues, County staff, as well as citizens, sufficient opportunity to present their views and perspectives. 5. Be respectful and attentive. Avoid comments, body language or distracting behavior that conveys a message of disrespect or lack of interest. 6. Avoid the use of abusive, intimidating or threatening language or gestures directed at your colleagues, the County staff or citizens. 7. Create a positive atmosphere during public meetings wherein citizens and County staff feel welcome and comfortable as participants and/or observers. 8. Respect, honor and adhere to all local, state and federal laws affecting your elected office. 9. Discharge the duties and responsibilities of your office in an impartial manner without fear or prejudice toward any person or group. 10. The witnessed behavior of the Board of Supervisors in honoring this Code of Performance will be evaluated on an annual basis. BE IT FURTHER RESOLVED that the Board’s commitment to enact and honor this Code of Performance is affirmed by the following signatures:
The Voting Board tally was: Resolution R08-202 reads as follows:
A RESOLUTION TO AFFIRM THE STAFFORD COUNTY WHEREAS, the Board held a meeting on Friday, February 29th and Saturday, March 1st to discuss a wide range of topics germane to the County as well as the Board in addition to discussing some of the fundamental realities associated with governance in the 21st Century; and WHEREAS, the Board prioritized key County initiatives for 2008 and 2009; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of March 2008 that the following be and it hereby is the Board’s Deliverables for 2008-2009: 1. Complete the update of the Stafford County comprehensive plan including adoption by the Board by December 2008. 2. Ask the Stafford County Planning Commission to forward its recommendations regarding the updated County comprehensive plan to the Board by July 2008. 3. Commit to deciding on a course of action concerning HB3202 impact fees and Urban Transportation Service Districts (UTSD). 4. Receive the Illegal Immigration Task Force report by April 2008 and decide by July 2008 what course of action, or response, the Board intends to take. 5. Receive the Parks Master Plan by May 2008 and decide by July 2008 what course of action or response the Board intends to take. 6. Research and establish a level of service standard/policy for selected County services. 7. Consider conducting a County consumer/customer satisfaction survey regarding County services and programs in 2008 or 2009. 8. Research and consider floating a bond referendum for transportation projects in November 2008. 9. Research and consider floating a bond referendum for parks and recreation projects in 2008. Presentation on Redevelopment Areas. Mr. Tim Baroody, Deputy County Administrator and Brad Johnson, Redevelopment Administrator, gave a presentation and responded to Board members questions. Discussion ensued. Mr. Sterling motioned, seconded by Mr. Dudenhefer, to table consideration of proposed Resolution R08-197 until later in the evening portion of the meeting.
The Voting Board tally was: Recess. At 3:21 P.M., the Chairman declared a recess. Call to Order. At 3:32 P.M., the Chairman called the meeting back to order. Legislative; Update on the Comprehensive Plan. Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation and responded to Board members questions. Legislative; Additions to the Regular and Closed Meeting Agenda. Mr. Brito motioned, seconded by Mr. Milde, to add the following items to the Regular Agenda and Closed Meeting: (1) Proposed Resolution R08-200 - A Resolution to Consider Installation of a Multi-Way Stop at the Intersection of Brush Everard Court and Lafayette Street in Austin Ridge Subdivision; (2) Proposed Resolution R08-204 - A Resolution to Request the Virginia General Assembly to Authorize $8 Million in Bond Funds for Acquisition of a Portion of the Crow’s Nest Property in Stafford County; (3) Closed Meeting - Legal Issue - Courthouse Area Rezoning Legal Issues; (4) Closed Meeting - Personnel - Discussion regarding Internal Auditor.
The Voting Board tally was: Legislative; Consent Agenda. Mr. Woodson motioned, seconded by Mr. Sterling, to adopt the Consent Agenda, consisting of Items 6 thru 15, omitting Item 9.
The Voting Board tally was: Item 6. Finance; Approve Expenditure Listing Resolution R08-172 reads as follows:
A RESOLUTION TO APPROVE EXPENDITURE LISTING WHEREAS, the Board has appropriated funds to be expended for the purchase of goods and services in accordance with an approved budget; and WHEREAS, the payments appearing on the above-referenced Listing of Expenditures represent payment of $100,000 and greater for the purchase of goods and/or services which are within the appropriated amounts; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of March 2008, that the above-mentioned EL be and it hereby is approved. Item 7. Budget; Budget and Appropriate Proffer Funds for School Construction Projects Resolution R08-178 reads as follows:
A RESOLUTION TO BUDGET AND APPROPRIATE PROFFER WHEREAS, the School Board has requested the appropriation of proffer funds for School Construction Projects; and WHEREAS, School proffers totaling $158,709 are available; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of March, 2008, that the County Administrator be and he hereby is authorized to budget and appropriate proffer funds as follows:
GENERAL FUND SCHOOL CONSTRUCTION FUND $158,709 Item 8. Transportation; Budget and Appropriate Security Funds for the Sutherland Boulevard Public Street Repair Program Resolution R08-18 reads as follows:
A RESOLUTION TO AMEND THE FY2008 GENERAL FUND BUDGET WHEREAS, the developer of Sutherland Boulevard failed to complete the development improvements; and WHEREAS, the County is holding developers road security funds; and WHEREAS, the County completed a project to improve Sutherland Boulevard to Virginia Department of Transportation standards; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of March, 2008, that defaulted developer securities totaling Forty-four Thousand Three Hundred Eighty Dollars ($44,380) be and it hereby is budgeted and appropriated to the FY2008 General Fund Budget and FY2008 Transportations Fund’s Budget for Public Street Repair Program for completion of street repairs to Sutherland Boulevard.
Resolution R08-142 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 Brannigan Drive, Kindle Way and Hemming Drive within Augustine North Subdivision, Sections 10 and 11 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 18th day of March 2008, that the Virginia Department of Transportation (VDOT) be and it hereby is petitioned to include the following streets within Augustine North Subdivision, Sections 10 and 11, into the Secondary System of State Highways: Street Station Length
Brannigan Dr. (SR-2075) From: 0.02 Mi. E. Colonial Forge Dr. (SR-2074) 0.06 Mi.
Brannigan Dr. (SR-2075) From: Inter. Hemming Dr. (SR-2076) 0.14 Mi.
Kindle Way (SR-2077) From: Inter. Monument Dr. (SR-2050) 0.04 Mi.
Hemming Dr. (SR-2076) From: 0.08 Mi. N. Inter. Kindle Way (SR-2077) 0.08 Mi.
Hemming Dr. (SR-2076) From: Inter Kindle Way (SR-2077) 0.15 Mi. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the developer and the Residency Administrator of VDOT. Resolution R08-144 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 Bergen Way and Gabriel Lane within England Run North Subdivision, Section 8, 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 18th day of March 2008, that the Virginia Department of Transportation (VDOT) be and it hereby is petitioned to include the following streets within England Run North Subdivision, Section 8, into the Secondary System of State Highways: Street Station Length
Bergen Way (SR-2034) From: Inter. Plantation Drive (SR-1706) 0.03 Mi. 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 England Run North Subdivision, Section 8, LR 040031267, PM 040000182, recorded August 13, 2004; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the developer and the Residency Administrator of VDOT. Resolution R08-145 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 Melvin Road within Estates of Truslow 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 18th day of March 2008, that the Virginia Department of Transportation (VDOT) be and it hereby is petitioned to include the following street within Estates of Truslow Subdivision into the Secondary System of State Highways:
Street Station Length An unrestricted right-of-way (ROW), as indicated above, for the street with necessary easements for cuts, fills and drainage is guaranteed, as evidenced by Plat of Record entitled Estates of Truslow Subdivision, LR 050041374, PM 050000231, recorded October 14, 2005; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the developer and the Residency Administrator of VDOT. Resolution R08-146 reads as follows:
A RESOLUTION WHICH PETITIONS THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO INCLUDE VIKING LANE WITHIN FREEDOM ESTATES SUBDIVISION INTO THE SECONDARY SYSTEM OF WHEREAS, the Board, pursuant to Section 33.1-229 of the Code of Virginia (1950), as amended, desires to add Viking Lane within Freedom Estates 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 18th day of March 2008, that the Virginia Department of Transportation (VDOT) be and it hereby is petitioned to include the following street within Freedom Estates Subdivision into the Secondary System of State Highways: Street Station Length
Viking Ln. (SR-1908) From: Inter. Quarry Rd. (SR-692) 0.24 Mi. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the developer and the Residency Administrator of VDOT. Item 11. Transportation; Consider Installation of Multi-Way Stops at the Intersections of Settlers Way and Old Mineral Road in Settlers Landing Subdivision and Whitson Ridge and Fieldstone Court/Hunter Trail in Whitson Ridge Subdivision Resolution R08-173 reads as follows: A RESOLUTION TO INSTALL A MULTI-WAY-STOP ON SETTLERS WAY AT THE INTERSECTION OF OLD MINERAL ROAD IN SETTLERS LANDING SUBDIVISION WHEREAS, the Board is concerned with transportation safety on residential streets; and WHEREAS, the Settlers Landing Homeowner’s Association has requested the installation of additional stop signs at the intersection of Settlers Way and Old Mineral Road; and WHEREAS, the proposed location meets all of the required criteria for installation, based on the current Residential Transportation Management Plan, Multi-Way-Stop Program; and WHEREAS, upon review of the intersection, the Virginia Department of Transportation (VDOT) approved the proposed location for installation of a Multi-Way-Stop; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of March 2008, that the Board be and it hereby does approve the installation of a Multi-Way-Stop condition along Settlers Way (SR-1460) at the intersection of Old Mineral Road (SR-1466) in Settlers Landing Subdivision; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Residency Administrator of VDOT. Resolution R08-174 reads as follows: A RESOLUTION TO INSTALL A MULTI-WAY-STOP ON WHITSON RIDGE DRIVE AT THE INTERSECTION OF FIELDSTONE COURT AND HUNTER TRAIL IN WHITSON RIDGE SUBDIVISION WHEREAS, the Board is concerned with transportation safety on residential streets; and WHEREAS, the Whitson Ridge Homeowner’s Association has requested the installation of additional stop signs at the intersection of Whitson Ridge Drive and Fieldstone Court and Hunter Trail; and WHEREAS, the proposed location meets most of the required criteria for installation, based on the current Residential Transportation Management Plan, Multi-Way-Stop Program; and WHEREAS, upon review of the intersection, the Virginia Department of Transportation (VDOT) approved the proposed location for installation of a Multi-Way- Stop; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of March 2008, that the Board be and it hereby does approve the installation of a Multi-Way-Stop condition along Whitson Ridge Drive (SR-1670) at the intersection of Fieldstone Court and Hunter Trail (SR-1673); and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Residency Administrator of VDOT. Item 12. County Attorney; Authorize a Public Hearing to Consider Vacating Two Public Rights-of-Way in Grafton Village Subdivision Resolution R08-95 reads as follows: A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO ADVERTISE A PUBLIC HEARING TO CONSIDER VACATING AND ABANDONING A 40-FOOT PUBLIC RIGHT-OF-WAY ADJACENT TO CULPEPPER STREET IN GRAFTON VILLAGE SUBDIVISION 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 Board desires to consider the abandonment of a 40-foot public right-of-way on Hilltop Street between 612 Culpepper St. (Parcel 54K-7-14) and 700 Culpepper St. (Parcel 54K-5-11), as said right-of-way no longer serves any purpose and should be vacated and abandoned; and WHEREAS, the Board desires to consider public comments concerning the proposed changes; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of March, 2008, that the County Administrator be and he hereby is authorized to advertise for a public hearing to allow for presentation and public comment for the purpose of considering the vacation and abandonment of the 40-foot public right-of-way on Hilltop St. between 612 and 700 Culpepper St. Resolution R08-179 reads as follows: A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO ADVERTISE A PUBLIC HEARING TO CONSIDER VACATING AND ABANDONING A 40-FOOT PUBLIC RIGHT-OF-WAY ADJACENT TO PAYTON DRIVE IN GRAFTON VILLAGE SUBDIVISION 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 Board desires to consider the abandonment of a 40-foot public right-of-way on Hilltop Street between 613 Payton Dr. (Parcel 54K-22-11) and 701 Payton Dr. (Parcel 54K-22-10), as said right-of-way no longer serves any purpose and should be vacated; and WHEREAS, the Board desires to consider public comments concerning the proposed changes; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of March, 2008, that the County Administrator be and he hereby is authorized to advertise for a public hearing to allow for presentation and public comment for the purpose of considering the vacation and abandonment of the 40-foot public right-of-way on Hilltop St. between 613 and 701 Payton Dr. Item 13. Planning and Zoning; Refer an Amendment to the Zoning Ordinance to the Planning Commission Regarding Zoning Administrator Determinations Resolution R08-180 reads as follows: A RESOLUTION TO REFER AN AMENDMENT TO THE ZONING ORDINANCE TO THE PLANNING COMMISION REGARDING ZONING ADMINISTRATOR DETERMINATIONS WHEREAS, under current ordinance there are no requirements to notify the public of Zoning Administrator determinations; and WHEREAS, the Board desires to provide the public with prompt notice of zoning determinations; and WHEREAS, public necessity, convenience, general welfare, and good zoning practices require the proposed amendment. NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of March, 2008, that the Board be and hereby does request that the Planning Commission consider an amendment to the Zoning Ordinance regarding Zoning Administrator determinations as stated by proposed Ordinance O08-36. Item 14. Planning and Zoning; Authorize the County Administrator to Initiate Applications for a Certificate of Appropriateness and Conditional Use Permit for the Courthouse Renovations Resolution R08-192 reads as follows:
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR WHEREAS, the County has retained Hening, Vest, Covey, Chenault Architectural Corporation to design a new screening wall on the Courthouse Property adjacent to Courthouse Road; and WHEREAS, the Courthouse property is located within a Historic Resource Overlay District and requires approval of a Certificate of Appropriateness through the Architectural Review Board for any reconstruction or alteration work; and, WHEREAS, the proposed wall will exceed the maximum wall height requirement in the B-2 zoning district; and WHEREAS, Stafford County Code, Section 28-38 (d) of the Zoning Ordinance, permits a Conditional Use Permit to modify height requirement of specific structures; and WHEREAS, the Board desires to initiate the applications for a Certificate of Appropriateness and a Conditional Use Permit; and WHEREAS, the public necessity, convenience, general welfare, and good zoning practices require submission of the proposed applications; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of March, 2008, that it be and hereby does authorize the County Administrator to initiate applications for a Certificate of Appropriateness and a Conditional Use Permit for construction of a wall on Assessor’s Parcel 30-38. Item 15. Legislative; Appoint Members to Boards, Authorities, Commissions and Committees Resolution R08-195 reads as follows:
A RESOLUTION TO APPOINT A MEMBER TO THE STAFFORD 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
Laurie Posner December 31, 2006
Stan Zack December 31, 2007
Janice Haughton December 31, 2008
Gloria Johnson December 31, 2008
Pamela Haines December 31, 2008
Michelle Magrino December 31, 2008 Julie May December 31, 2008 (County Government)
Ian Treggett December 31, 2008
Deputy Craig Cain December 31, 2008
Cynthia Lucero-Chavez December 31, 2008
Linda Dunn December 31, 2008
Patrice Promack December 31, 2008 WHEREAS, Stan Zack has submitted his resignation; 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 18th day of March 2008, that NAME DATE
Heather Stefl December 31, 2008 be and she hereby is appointed to the Beautification Committee. Resolution R08-196 reads as follows:
A RESOLUTION TO APPOINT A MEMBER TO THE AGRICULTURAL WHEREAS, the Board established a comprehensive approach to the preservation of agricultural and rural lands; and WHEREAS, the Agricultural Commission will assist the Board in addressing the problems of sustainable growth, preservation of rural lands, and promotion and facilitation of agriculture, environmental integrity, land values and taxation; and WHEREAS, the Agricultural Commission consists of seven members appointed from the election districts; and WHEREAS, the Agricultural Commission recommends policies to accomplish the following: 1. Identification of areas of the County that are appropriate for the continuation of agriculture and the preservation of rural lands. 2. Identification of the level of residential development that should be permitted within agricultural and rural areas.
3. Review of the land use assessment program to determine its effect on 4. Development of a purchase of development rights program. 5. Development of a program with the Department of Economic Development and other County departments that will facilitate the expansion of markets for farm products; and WHEREAS, the Agricultural Commission is permitted to form ad hoc committees comprised of the various stakeholders that it deems necessary to carry out the Commission’s mission; and WHEREAS, the Board has previously appointed the following: NAME EXPIRATION
Thomas Coen December 31, 2009
Pam Hall December 31, 2009
Lou Silver December 31, 2011
Gail Clark December 31, 2007
Nan Rollison December 31, 2007
Benjamin Rudasill December 31, 2009
Bruce Callander December 31, 2009 WHEREAS, Benjamin Rudasill has submitted his resignation; and WHEREAS, the Board desires to fill this vacancy; and WHEREAS, the Board desires that expirations coincide with Board Members terms of office; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18d day of March, 2008, that: NAME EXPIRATION
Jon Myers December 31, 2009 be and he hereby is appointed to the Agricultural Commission. Transportation; Petition VDOT to Include Sutherland Boulevard within Heather Hills Subdivision, Sections 1, 2, and 3, into the Secondary System of State Highways and Secure Guarantee Funds and Provide Payments for Fees Instrumented by Section 24 VAC30-91-140, of the Code of Virginia. Mr. Dudenhefer commented. Mr. Dudenhefer motioned, seconded by Mr. Schwartz, to adopt proposed Resolution R08-149. Discussion ensued.
The Voting Board tally was: Resolution R08-149 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 Sutherland Boulevard within Heather Hills Subdivision, Sections 1, 2 and 3 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 18th day of March 2008, that the Board be and it hereby does petition the Virginia Department of Transportation (VDOT) to include the following street within Heather Hills Subdivision, Sections 1, 2 and 3, into the Secondary System of State Highways: Street Station Length
Sutherland Blvd. (SR-2046) From: Inter. Harrell Rd. (SR-623) 0.30 Mi. An unrestricted right-of-way (ROW), for the street indicated above, with necessary easements for cuts, fills and drainage is guaranteed, as evidenced by Plat of Record entitled Heather Hills Subdivision, Section 1, Plat Book 22, Pages 106-108, recorded September 27, 1991; Heather Hills Subdivision, Section 2, Plat Book 22, Pages 259-261, recorded January 16, 1992; and Heather Hills Subdivision, Section 3, Plat Book 26, Pages 115-117, recorded July 22,1994; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the VDOT Residency Administrator. Resolution R08-156 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, in accordance with Section 24 Va. Admin. Code 30-91-140, a Street Maintenance and Administrative Cost Recovery Fee is required by the Virginia Department of Transportation (VDOT) and cannot be waived; and WHEREAS, in accordance with Section 24 Va. Admin. Code 30-91-140, a Street Surety Bond is required to be posted, however, VDOT has agreed to accept said bond in the form of a resolution by the Board; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of March 2008, that it be and hereby does request the County Administrator to process payments in the amount of One Thousand, One Hundred Dollars ($1,100) for a Administrative Cost Recovery Fee and a Maintenance Fee of Nine Hundred Dollars ($900); and BE IT FURTHER RESOLVED that the County Attorney and County Administrator be and they hereby are authorized to take necessary legal action against responsible parties to recoup the cost of this work; and BE IT STILL FURTHER RESOLVED that the Potomac and Rappahannock Transportation Commission be and it hereby is requested to reimburse the County for eligible expenditures from the fuels tax fund; and BE IT STILL FURTHER RESOLVED that this resolution will serve as the bond requirement in the amount of Twelve Thousand Dollars ($12,000) for the satisfactory performance of the street in Heather Hills Subdivision, Sections 1, 2 and 3 for a period of one year; and BE IT STILL FURTHER RESOLVED that a copy of this resolution shall be forwarded to the Residency Administrator of VDOT. Legislative; Discuss Towing. Mr. Milde commented. Discussion ensued. Hearing no objections, it was requested that the County Attorney provide further information on options regarding private towing in Stafford County. Legislative; Discuss Middle School Student Redistricting. Mr. Milde commented. Discussion ensued. Legislative; Discuss Supporting the Nomination and Consider Funding of Aquia Landing for Inclusion in the National Underground Railroad Network to Freedom Program. Mr. Milde commented. Discussion ensued. Hearing no objections from the Board, it was requested this item be brought back at the next Board meeting. Legislative; Discuss Property Maintenance Code. Mr. Dudenhefer commented. Discussion ensued. Hearing no objections from the Board, the County Attorney was requested to further review and report back. Legislative; Discuss Stafford County Transportation – Levels of Service “F”. Mr. Sterling commented. Discussion ensued. Hearing no objections from the Board, the Chairman formed a committee of Mr. Dudenhefer, Mr. Sterling and Mr. Crisp to meet with the transportation committee of the Planning Commission for further review of a transportation bond referendum in November. Hearing no objections from the Board, the Chairman formed a committee of Mr. Brito and Mr. Sterling are to meet with the Parks and Recreation Commission for further review of a parks and recreation bond referendum in November. Mr. Milde motioned, seconded by Mr. Sterling, to adopt proposed Resolution R08-204. Discussion ensued.
The Voting Board tally was: Resolution R08-204 reads as follows: A RESOLUTION TO REQUEST THE COMMONWEALTH OF VIRGINIA TO AUTHORIZE $8 MILLION IN BOND FUNDS FOR ACQUISITION OF A PORTION OF THE CROW’S NEST PROPERTY IN STAFFORD COUNTY WHEREAS, by Resolution R07-515 dated December 18, 2007, the Board approved an agreement for the purchase of the Crow’s Nest property consisting of an initial purchase of approximately 1,720 acres for the price of $19 million; and WHEREAS, the Board has borrowed $9.5 million towards the acquisition of the land; and WHEREAS, the Board also agreed to an option to purchase the remaining approximately 1,167 acres of the Crow’s Nest Property for the purchase price of $16.2 million, to be exercised prior to December 1, 2009; and WHEREAS, Resolution R07-515 authorized the County Administrator to explore all appropriate funding sources to acquire the remainder of the Crow’s Nest property; and WHEREAS, the acquisition of the Crow’s Nest property will preserve an important historical and cultural resource for residents of Stafford County and the Commonwealth of Virginia in perpetuity; and WHEREAS, County staff is working with the Department of Conservation and Recreation and the Northern Virginia Conservation Trust on potential federal and private funding sources; and WHEREAS, the Virginia General Assembly included authorization for a total of $30 million in the first year of the 2009-2010 biennium for bonds funds for purchase of land for open space and historic property preservation; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of March that the Board be and it hereby does request the Commonwealth of Virginia to authorize $8 million from bond funds for acquisition of approximately 1,167 acres of the Crow’s Nest property in Stafford County to allow the purchase prior to December 1, 2009. Legislative; Closed Meeting. At 4:22 P.M., Mr. Sterling motioned, seconded by Mr. Woodson, to adopt proposed Resolution CM08-05.
The Voting Board tally was: Resolution CM08-05 reads as follows: A RESOLUTION TO AUTHORIZE CLOSED MEETING WHEREAS, the Board of County Supervisors desires to consult with counsel and discuss in legal advice regarding the Brooke Ridge Subdivision Condemnation issue (Harris Property); the Colonial Port Subdivision, Section 1C, Plat Vacation; the Zoning Ordinance Amendment for Limiting the Number of Unrelated Individuals Living in Residences; and the Courthouse Area Rezoning Legal Issues; and a personnel matter regarding discussion of the Internal Auditor; and WHEREAS, pursuant to Section 2.2-3711 A.1 and A.7 Va. Code Ann., such discussions may occur in Closed Meeting; NOW, THEREFORE, BE IT RESOLVED that the Stafford Board of Supervisors, on this the 18th day of March, 2008, does hereby authorize discussions of the aforestated matters in Closed Meeting. Call to Order. At 5:10 P. M., Mr. Sterling motioned, seconded by Mr. Milde, to adopt proposed Resolution CM08-05a.
The Voting Board tally was: Resolution CM08-05a reads as follows: A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD COUNTY BOARD OF SUPERVISORS IN A CLOSED MEETING ON MARCH 18, 2008 WHEREAS, the Board has, on this the 18th day of March, 2008, 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 4th day of March, 2008, that to the best of each member's knowledge: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act were discussed in the Closed Meeting to which this certification applies; and (2) only such public business matters as were identified in the Motion by which the said Closed Meeting was convened were heard, discussed, or considered by the Board. No member dissents from the aforesaid certification. Recess. At 5:12 P. M. the Chairman declared a recess until 7:00 P. M. Call to Order. At 7:05 P. M. the Chairman called the meeting back to order. Invocation. Mr. Milde requested a moment of silence for Carolyn Moncure Woodard and then gave the Invocation. Pledge of Allegiance. Mr. Milde lead in the Pledge of Allegiance to the Flag of the United States of America. Presentations by the Public. The following persons spoke on the topics as identified.
Dr. Samuel Smart - Business, Professional and Occupational License
Patricia Kurpiel - Redevelopment Sheriff; Amend the County Code Regarding Driving Under the Influence. Sheriff Jett gave a presentation and responded to Board members questions.
The Chairman opened a public hearing. Mr. Brito motioned, seconded by Mr. Milde, to adopt proposed Ordinance O08-12.
The Voting Board tally was: Ordinance O08-12 reads as follows: AN ORDINANCE TO AMEND AND REORDAIN STAFFORD COUNTY CODE, SECTION 15-146, ENTITLED “ADOPTION OF STATE LAW AS TO DRIVING UNDER THE INFLUENCE” WHEREAS, the General Assembly, in its 2005 Session, repealed Section 1-13.39:2 of the Virginia State Code and recodified it as Section 1-220; and WHEREAS, the Sheriff’s Office is requesting that the County Code be amended to reflect this recodification; and WHEREAS, the Board desires to amend and reenact County Code Section 15-146, entitled “Adoption of state law as to driving under the influence”, to reflect this recodification; and WHEREAS, the Board has conducted a public hearing and carefully considered the recommendations of staff and the testimony at the public hearing; and WHEREAS, the Board finds that public necessity, convenience, and general welfare requires adoption of such an ordinance; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 18th day of March, 2008, that the Stafford County Code be and it hereby is amended and reordained by amending and renumbering Section 15-146, as follows, all other portions remaining unchanged: Sec. 15-146136. Adoption of state law as to driving under the influence. Pursuant to the authority of sections 46.2-1313 and 1-13.39:2 1-220 of the Code of Virginia (1950), as amended, all the provisions contained in article 9 of chapter 11 of title 16.1 and article 2 of chapter 7 of title 18.2 of the Code of Virginia, in force on the date of the adoption of this Code and any and all future amendments made to the aforesaid provisions are hereby adopted and incorporated in this section by reference and made applicable within the County. Sheriff; Amend the County Code Regarding Reimbursement of Expenses Incurred in Responding to DUI Incidents and Other Traffic Incidents. Sheriff Jett gave a presentation and responded to Board members questions.
The Chairman opened a public hearing. Mr. Woodson motioned, seconded by Mr. Brito, to adopt proposed Ordinance O08-14.
The Voting Board tally was: Ordinance O08-14 reads as follows: AN ORDINANCE TO AMEND AND REORDAIN THE STAFFORD COUNTY CODE BY ADDING SECTION 15-137 ENTITLED “REIMBURSEMENT OF DUI AND OTHER TRAFFIC INCIDENTS’ EXPENSES INCURRED” WHEREAS, the Board desires to consider amending the Stafford County Code by adding Section 15-137 entitled “Reimbursement of DUI and Other Traffic Incidents’ Expenses Incurred” in order to recover the costs of responding to DUI incidents and other traffic incidents; and WHEREAS, pursuant to State Code Section 15.2-1716, any locality may provide by ordinance that a person convicted of certain criminal and traffic offenses shall be liable for restitution at the time of sentencing, or in a separate civil action, to the locality or to any responding volunteer fire or rescue squad, or both, for reasonable expenses incurred by the locality for responding law enforcement, firefighting, rescue and emergency services, including by the sheriff's office, or department of fire and rescue, of such locality, or by any volunteer fire or rescue squad, or by any combination of the foregoing, when providing an appropriate emergency response to any accident or incident related to such violation; and WHEREAS, the Board has conducted a public hearing after appropriate advertisement in a newspaper of general circulation in accordance with Section 15.2-1427, et. seq., of the Code of Virginia (1950), as amended; and WHEREAS, the Board has considered the recommendations of staff, and the testimony at the public hearing; and WHEREAS, the Board has determined that amending the Stafford County Code by adding Section 15-137 is in the best interest of the County; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 18th day of March, 2008, that the Stafford County Code be and it hereby is amended by the addition of Section 15-137, to read as follows:
Sec. 15-137. Reimbursement of expenses incurred. Commissioner of the Revenue; Consider Elimination of the Land Use Revalidation Fee. Mr. Scott Mayausky, Commissioner of the Revenue, gave a presentation and responded to Board members questions.
The Chairman opened a public hearing. Mr. Milde motioned, seconded by Mr. Brito, to adopt proposed Ordinance O08-24.
The Voting Board tally was: Ordinance O08-24 reads as follows: AN ORDINANCE TO AMEND AND REORDAIN STAFFORD COUNTY CODE, SECTION 23-28 BY ELIMINATION OF THE REVALIDATION FEE WHEREAS, the County land use program requires an applicant to pay a revalidation fee of $10 every six years; and WHEREAS, the Commissioner of the Revenue’s office is in the process of automating the land use program and has contracted to develop a new tax relief, land use, and billing system; and WHEREAS, the cost to administer and develop software to track and bill the revalidation fee outweighs the financial benefit of the revenue collected; and WHEREAS, the elimination of the revalidation fee will aid in the Commissioner’s ongoing efforts to streamline procedures and improve office efficiency; and WHEREAS, the Board has conducted a public hearing and carefully considered the recommendations of staff and the testimony at the public hearing; and WHEREAS, the Board finds that public necessity, convenience, and general welfare requires adoption of such an ordinance; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 18th day of March, 2008, that Stafford County Code, Section 23-28 be amended and reordained to eliminate the revalidation fee, as follows, all other portions remaining unchanged: Sec. 23-28. Property owner's application generally. (a) Property owners must submit an application for taxation on the basis of a use assessment to the commissioner of revenue at least sixty (60) days preceding the tax year for which taxation is sought; provided, however, that in any year in which a general reassessment is being made, the property owner may submit such application until thirty (30) days have elapsed after his notice of increase in assessment is mailed in accordance with section [58.1-3330] of the Code of Virginia or sixty (60) days preceding the tax year, whichever is later. An extension may be granted until December 31 of the tax year upon payment of a late filing fee of ten dollars ($10.00). This extension and late filing fee shall apply to a revalidation application. (b) An individual who is the owner of an undivided interest in a parcel may apply on behalf of himself and the other owners of such parcel upon submitting an affidavit that such other owners are minors or cannot be located. (c) An application shall be submitted whenever the use or acreage of such land previously approved changes, except where a change in acreage occurs solely as a result of a convenience necessitated by governmental action or condemnation of a portion of any land previously approved for taxation on the basis of use assessment. (d) Property owners shall revalidate annually, on or before the date on which the last installment of property tax prior to the effective date of the assessment is due, on forms prepared by the commissioner of revenue, any applications previously approved. There shall be a revalidation fee every six (6) years. Such fee shall not exceed the original application fee for said property. (e) An application fee of five cents ($0.05) per acre with a minimum fee of ten dollars ($10.00) per application shall accompany each application or renewal; however, only one fee shall apply where two (2) or more applications are for contiguous parcels. No additional fee shall be charged for amended applications when the fee was paid on the original application for that year. Planning and Zoning; Consider an Amendment to the Land Use Plan Component of the Comprehensive Plan within the Courthouse Area and Consider Rezoning 43 Parcels Totaling Approximately 489 Acres in the Courthouse Area. Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation on both issues and responded to Board members questions.
The Chairman opened a public hearing.
Mr. Milde motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution Discussion ensued.
The Voting Board tally was: Resolution R08-02 reads as follows: A RESOLUTION WHICH ADOPTS AN AMENDMENT TO THE LAND USE PLAN COMPONENT OF THE COMPREHENSIVE PLAN WHEREAS, amending the Land Use Plan on Assessor’s Parcels 29-92A, 92B, 93A, 93C and 93D; 29A-1-1, 2, 4, 7, 8, 8A, 8B, 10A, 11, 12, 13 and 14; 30-53, 53E, 53F, 53G, 54 and 54A; 38-73, 74A, 76, 76A, 76B, 76C, 76D, 76E, 76F, 76G, 76H, 76J, 77, 80, 80A, 81, 81A, 82, 83A, 83B, 83C, 83D, 83E, 83F, 83G, 83H, 83J, 83K, 86L, 84, 84A, 85, 85A, 86A, 86B, 86C, 87, 92, 92A, 92B, 93, 93A, 94C, 95, and 96; 39-1, 2, 3, 4, 4A, 8, 9, 10, 16, 16A, 16B, 16C, 16D, 16E, 16F, 16G, 16H, 16J, 16K, 16L, 56A, 56B, 56C, 56D, 56E, 57, 57A, 57B, 57C, 57D, 57E, 57F, 62, 62A, 63, 64, 64A, 66, 66A, 68A, 71 and 71A from Light Industrial and Heavy Industrial to Urban Commercial would reflect the future land use in the area located in the general vicinity of the Stafford County Courthouse, in an area bound from the south by Accokeek Creek, to the north by Courthouse Road, to the west by Interstate 95, and to the east by Stafford Middle School; and WHEREAS, the existing and planned developments and expansion of public facilities and urban services has changed the composition of land uses in this area; and WHEREAS, future commercial development in this area would not be compatible with a Light Industrial and Heavy Industrial use designation; and WHEREAS, the Planning Commission held a public hearing and the Board has carefully considered the Planning Commission’s recommendation, the recommendation of staff, and the testimony at the public hearing; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of March, 2008, that the Land Use Plan component of the Comprehensive Plan be and it hereby is amended to redesignate Assessor’s Parcels 29-92A, 92B, 93A, 93C and 93D; 29A-1-1, 2, 4, 7, 8, 8A, 8B, 10A, 11, 12, 13 and 14; 30-53, 53E, 53F, 53G, 54 and 54A; 38-73, 74A, 76, 76A, 76B, 76C, 76D, 76E, 76F, 76G, 76H, 76J, 77, 80, 80A, 81, 81A, 82, 83A, 83B, 83C, 83D, 83E, 83F, 83G, 83H, 83J, 83K, 86L, 84, 84A, 85, 85A, 86A, 86B, 86C, 87, 92, 92A, 92B, 93, 93A, 94C, 95, and 96; 39-1, 2, 3, 4, 4A, 8, 9, 10, 16, 16A, 16B, 16C, 16D, 16E, 16F, 16G, 16H, 16J, 16K, 16L, 56A, 56B, 56C, 56D, 56E, 57, 57A, 57B, 57C, 57D, 57E, 57F, 62, 62A, 63, 64, 64A, 66, 66A, 68A, 71 and 71A from Light Industrial and Heavy Industrial to Urban Commercial. Mr. Milde motioned, seconded by Mr. Dudenhefer, to adopt proposed Ordinance O08-01. Discussion ensued. Mr. Crisp made a substitute motion, seconded by Mr. Sterling, to adopt proposed Ordinance O08-01 with a change.
The Voting Board tally was: Ordinance O08-01 reads as follows: AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE FOR STAFFORD COUNTY BY AMENDING THE ZONING DISTRICT MAP TO RECLASSIFY FROM R-1, SUBURBAN RESIDENTIAL ZONING TO B-3, OFFICE ZONING DISTRICT ON ASSESSOR’S PARCELS 30-50 AND 53, AND M-1, LIGHT INDUSTRIAL ZONING TO B-3, OFFICE ZONING DISTRICT ON ASSESSOR’S PARCELS 29-93A, 93C, 93D, 30-56, 38-77, 80, 80A, 81, 81A, 82, 83B, 83C, 83D, 83E, 83F, 83G, 83H, 83J, 83K, 83L, 86A, 86B, 86C, 92 (PORTION), 92A, 39-1 (PORTION), 4, 4A, 16, 16H, 16L AND 56D; AND M-2, HEAVY INDUSTRIAL ZONING DISTRICT TO B-3, OFFICE ZONING DISTRICT ON ASSESSOR’S PARCELS 29-92A, 92B, 29A-1-9A, 38-84, 85 AND 85A, AND M-1, LIGHT INDUSTRIAL AND B-1, CONVENIENCE COMMERCIAL TO B-3, OFFICE ZONING DISTRICT ON ASSESSOR’S PARCELS 38-95 AND 96, and M-1, LIGHT INDUSTRIAL AND M-2, HEAVY INDUSTRIAL ZONING DISTRICT TO B-3, OFFICE ZONING DISTRICT ON ASSESSOR’S PARCEL 38-83A, AQUIA ELECTION DISTRICT WHEREAS, the Board of Supervisors, applicant, has submitted application RC2700668 requesting reclassification of the above mentioned parcels, consisting of approximately 489 acres, with all properties within an area in close proximity of the Stafford County Courthouse, bound to the south by Accokeek Creek (property containing the creek), to the north by Courthouse Road, to the west by Interstate 95, and to the east by Stafford Middle School, 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, and 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 18th day of March, 2008, that the Zoning Ordinance for Stafford County be and it hereby is amended and reordained by amending the zoning district map to reclassify from R-1, Suburban Residential Zoning to B-3, Office Zoning District on Assessor’s Parcels 30-50 and 53 and M-1, Light Industrial Zoning to B-3, Office Zoning District on Assessor’s Parcels 29-93A, 93C, 93D, 30-56, 38-77, 80, 80A, 81, 81A, 82, 83B, 83C, 83D, 83E, 83F, 83G, 83H, 83J, 83K, 83L, 86A, 86B, 86C, 92 (portion), 92A, 39-1 (portion), 4, 4A, 16, 16H, 16L and 56D and M-2, Heavy Industrial Zoning District to B-3, Office Zoning District on Assessor’s Parcels 29-92A, 92B, 29A-1-9A, 38-84, 85 and 85A and M-1, Light Industrial and B-1, Convenience Commercial to B-3, Office Zoning District on Assessor’s Parcels 38-95 and 96 and M-1, Light Industrial M-2, Heavy Industrial Zoning District to B-3, Office Zoning District on Assessor’s Parcel 38-83A. Recess. At 9:35 P. M. the Chairman declared a recess. Call to Order. At 9:50 P. M. the Chairman called the meeting back to order. Legislative; Authorize the County Administrator to Execute a Contract and Appropriate Funds to Prepare a Master Redevelopment Plan. Discussion continued from the earlier session. Mr. Milde motioned, seconded by Mr. Sterling, to adopt proposed Resolution R08-197. Discussion ensued. Mr. Brito made a substitute motion, seconded by Mr. Crisp, to defer proposed Resolution R08-197 for 30 days.
The Voting Board tally on the substitute motion was:
The Voting Board tally on the original motion was: Resolution R08-197 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR WHEREAS, on October 3, 2006, the Board of Supervisors adopted R06-454 which authorized staff to hire a Redevelopment Administrator and to issue a Request for Proposals to seek professional services to guide work on redevelopment planning for the areas around Boswell’s Corner, the Courthouse, Falmouth, and US-17 west of Interstate 95; and WHEREAS, the Request for Proposals was released on September 26, 2007 resulting in proposals from six qualified teams; and WHEREAS, a selection committee comprised of members from Code Administration, Economic Development, Fire and Rescue, GIS, Planning and Zoning, Transportation and Utilities reviewed the six proposals and identified one team, lead by CMSS Architects, PC, as being the best prepared to successfully formulate the master redevelopment plan; and WHEREAS, the details of a project to prepare the master redevelopment plan for the four redevelopment areas at a cost of $732,000 has been negotiated, with $432,000 to come from approved FY2008 funds, and $150,000 requested from FY2009 General funds, subject to appropriation of future funds for this purpose; and WHEREAS, the Board of Supervisors requests the Economic Development Authority to fund $150,000, in calendar year 2008, to assist in funding this important work, and NOW, THEREFORE BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of March 2008, that $221,334 be budgeted and appropriated in the Tourism Fund and Utilities Fund as follows:
Sources of Funds: Uses: Contracted services for Master Redevelopment Plan $221,334 BE IT FURTHER RESOLVED that the County Administrator be and he hereby is authorized to execute a contract with CMSS Architects, PC in the amount not to exceed Four Hundred Thirty-two Thousand Dollars ($432,000) to begin this critical work as soon as possible. Planning and Zoning and Utilities; Amend the Subdivision Ordinance and the County Code to Establish Regulations Pertaining to On-Site Sewage Disposal Systems. Mr. Jeff Harvey, Director of Planning and Zoning and Mr. Dale Allen, Assistant Director of Utilities-Engineering, gave a presentation and responded to Board members questions.
The Chairman opened a public hearing. Mr. Brito motioned, seconded by Mr. Woodson, to adopt proposed Ordinance O08-05. Discussion ensued. Mr. Milde made a substitute motion to defer for 30 days. The motion died for lack of the second to the motion.
The Voting Board tally was: Ordinance O08-05 reads as follows: AN ORDINANCE TO AMEND AND REORDAIN STAFFORD COUNTY CODE, SECTION 22-118, WATER AND SEWER, OF THE SUBDIVISION ORDINANCE WHEREAS, if a lot is required to provide an on-site sewage disposal system, it is not required to provide a minimum area of land to accommodate the disposal area (drainfields) for systems dispersing septic tank effluent; and WHEREAS, numerous drainfields have failed throughout the County on property where there was no previous requirement to provide a reserve drainfield area to accommodate the dispersing of septic tank effluent upon failure of the primary drainfield; and WHEREAS, the Board desires to require minimum areas for drainfields and require a reserve drainfield area to be equal in size to the primary drainfield area to minimize the impact of drainfield failures; and WHEREAS, the Board has carefully considered the recommendations of the Planning Commission and staff and the testimony at the public hearing; and WHEREAS, the Board finds that public necessity, convenience, general welfare, and good subdivision practice requires adoption of such an ordinance; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 18th day of March, 2008 that Stafford County Code, Section 22-118 of the Subdivision Ordinance, be and it hereby is amended and reordained as follows, with all other portions remaining the same: Sec. 22-118. Water and Sewer (4) On-site sewer sewage disposal systems: (a) No subdivision plat, including boundary line adjustments, shall be approved where individual or community septic tanks are to be used until the developer has submitted documented proof to the satisfaction of the agent that the soils and parent materials are such that on-site waste disposal methods for all lots are satisfactory, that no well pollution shall occur from the systems, and that the useful life of the system shall not be less than twenty (20) years; and written approval from the health department shall also be submitted. (b) All on-site sewage disposal systems shall be designed and constructed in accordance with the Code of Virginia (1950), as amended. (c) The minimum disposal area for systems dispersing septic tank effluent shall be at least four thousand (4,000) square feet of primary drainfield and a reserve area in accordance with (e) below. Larger primary drainfield areas may be required depending on soil type and proposed use, as determined by the Virginia Department of Health. (d) The minimum disposal area for systems dispersing secondary effluent or better shall be at least two thousand five hundred (2,500) square feet of primary drainfield and a reserve area in accordance with (e) below. Larger primary drainfield areas may be required depending on soil type and proposed use, as determined by the Virginia Department of Health.
(e) For lots to be served by individual or community septic tanks, a reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be identified and provided in accordance with (f) Applications for lLots submitted after July 11, 2000 that are served by on-site sewage disposal systems shall have the disposal site located on the lot which they serve. No easements shall be permitted for individual on-site sewage disposal systems. Easements may be permitted for community sewage disposal systems. (g) The board of supervisors shall approve the use of all community sewage disposal systems. (h) These standards are in addition to those contained in Chapter 25, Section 165 of the County Code regulating utilities. BE IT FURTHER ORDAINED that this ordinance shall become effective on March 18, 2008. Mr. Brito motioned, seconded by Mr. Woodson, to adopt proposed Ordinance O08-06.
The Voting Board tally was: Ordinance O08-06 reads as follows: AN ORDINANCE TO AMEND AND REORDAIN Stafford County Code, SECTION 25-165, “TYPE, CAPACITY, LOCATION, ETC.” REGARDING PRIMARY AND RESERVE DRAINFIELDS WHEREAS, the Board acknowledges the desire to have quality development within the County; and WHEREAS, the Board received a report from the Director of the Rappahannock Area Health District regarding alternative sewage disposal systems; and WHEREAS, the Board believes that establishing minimum requirements for on-site systems is in the public interest; and WHEREAS, the Board has considered the recommendations of the Utilities Commission and staff and the testimony at the public hearing; and WHEREAS, the Board finds that the public necessity, convenience, general welfare and good sanitation practice requires adoption of such an ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 18th day of March, 2008 that Section 25-165 of the Stafford County Code entitled “Type, Capacity, Location, etc.,” be and it hereby is amended and reordained as follows with all other portions remaining the same; Sec. 25-165. Type, capacity, location, etc. The type, capacity, location and layout of a private on-site sewage disposal system shall comply with all the recommendations of the state and county health departments. No septic tank or cesspool shall be permitted to discharge into any natural outlet. (a) These standards are in addition to those contained in Section 22-118 of the County Code regulating subdivisions. (b) Minimum standards for private sewage disposal on all lots shall be as follows: (1) All disposal fields installed deeper than sixty (60) inches below the original ground surface shall disperse secondary effluent or better. This requirement shall apply to new and expanded drainfields, but not to repairs unless secondary effluent is otherwise required. (2) All new septic tanks and pump chambers shall be provided with a precast at-grade access over the outlet structure. The access shall have a minimum open space of eighteen (18) inches by eighteen (18) inches and shall be fitted with a tamper proof child resistant cover at grade. Access shall be added to existing septic tanks and pump chambers at the time of repair or expansion requiring a Virginia Department of Health permit. (3) All effluent from on-site sewage disposal systems dispersing septic tank effluent, shall pass through an effluent filter meeting NSF International Standard 46. Effluent filters shall be added to existing septic tanks at the time of repair or expansion requiring a Virginia Department of Health permit. A Reduced Maintenance Septic Tank or septic tanks in series may be used in place of an effluent filter. (4) No permanent structure or land disturbance shall be permitted within the setbacks established by VDH for any primary or reserve drainfield or dispersal field. BE IT FURTHER ORDAINED that paragraphs (a), (b)(1), (b)(3), and (b)(4) shall become effective on March 18, 2008 and paragraph (b)(2) shall become effective on May 18, 2008.
The Voting Board tally was: Planning and Zoning; Amend Section 28-273 of the Zoning Ordinance and Establish Sections 28-277 and 28-278 Regarding Non-Conformities. Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation and responded to Board members questions.
The Chairman opened a public hearing. Mr. Woodson motioned, seconded by Mr. Crisp, to adopt proposed Ordinance O08-20.
The Voting Board tally was: Ordinance O08-20 reads as follows: AN ORDINANCE TO (1) AMEND AND REORDAIN STAFFORD COUNTY CODE, SECTION 28-273, NONCONFORMING STRUCTURES; AND (2) TO ENACT, ADOPT, AND ORDAIN SECTION 28-276, DISCONTINUANCE, AND SECTION 28-277, ABANDONED NONCONFORMING SIGNS, OF THE ZONING ORDINANCE WHEREAS, there are numerous nonconforming buildings and structures within the County; and WHEREAS, Stafford County Code, Chapter 28, Article XV, Nonconformities, of the Zoning Ordinance does not determine when a sign is abandoned and does not limit the amount of time a nonconforming building and structure may remain vacant; and WHEREAS, consistent with State Code, a nonconforming building or structure shall lose its legally nonconforming status if the use is discontinued for a period exceeding two (2) years; and WHEREAS, a nonconforming building or structure shall conform to County regulations whenever an owner of a nonconforming building or structure attempts to enlarge, extend, reconstruct, or structurally alter the building or structure; and WHEREAS, a nonconforming sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of more than two (2) years and the County has provisions to have the abandoned sign removed; and WHEREAS, the Board finds that public necessity, convenience, general welfare, and good zoning practice requires adoption of such an ordinance; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 18th day of March, 2008 and pursuant to Virginia Code, Section 15.2-2307, that Stafford County Code, Section 28-273 of the Zoning Ordinance be and it hereby is amended and reordained; and Section 28-277 and Section 28-278 of the Zoning Ordinance be and they hereby are ordained as follows, with all other portions remaining the same: Sec. 28-273. Nonconforming structures. (e) Such buildings or structures, except for general advertising signs which are subject to Section 33.1-370.2 of the Code of Virginia (1950), as amended, shall conform to such regulations whenever they are enlarged, extended, reconstructed or structurally altered. Sec. 28-276. Discontinuance. The use of any legally nonconforming land, building, or structures and the use thereof may be continued only so long as the then existing, or a more restricted, use continues and is not discontinued for more than two (2) years. Sec. 277. Abandoned nonconforming signs. (a) A nonconforming sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of more than two (2) years. (b) Upon notification by the County, an abandoned, nonconforming sign shall be removed by the owner of the property on which the sign is located within sixty (60) days of the date of the notification. (c) If the County, despite reasonable attempts, is unable to locate and/or notify the owner; or if the owner fails to remove an abandoned nonconforming sign within sixty (60) days of being notified, the County, through its agents or employees, may enter the property upon which the sign is located and remove said sign. (d) If the County removes an abandoned nonconforming sign pursuant to paragraph (c) above, the cost of such removal shall be chargeable to the owner of the property. Planning and Zoning; Amend Section 22-151 and Section 22-217 of the Subdivision Ordinance Regarding Reverse Frontage and Shared Driveways. Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation and responded to Board members questions.
The Chairman opened a public hearing. Mr. Dudenhefer motioned, seconded by Mr. Crisp, to adopt proposed Ordinance O08-21.
The Voting Board tally was: Ordinance O08-21 reads as follows: AN ORDINANCE TO AMEND AND REORDAIN STAFFORD COUNTY CODE, SECTION 22-151, REVERSE FRONTAGE; AND SECTION 22-217, SHARED DRIVEWAYS, OF THE SUBDIVISION ORDINANCE WHEREAS, the Subdivision Ordinance establishes design criteria for subdivision streets; and WHEREAS, the Subdivision ordinance currently does not require reverse frontage for lots greater than three (3) acres; and WHEREAS, reverse frontage for all lots on a primary, collector, or arterial roads will provide better traffic circulation thereby improving the public’s safety; and WHEREAS, the Board finds it necessary to establish reverse frontage for all residential lots that are located adjacent to a secondary, primary, collector or arterial road; or, in the event it is not feasible to provide reverse frontage, to require shared driveways for every two (2) adjoining lots located on a primary, collector, or arterial road; and WHEREAS, the Board has carefully considered the recommendations of the Planning Commission, staff, and the testimony at the public hearing; and WHEREAS, the Board finds that public necessity, safety, convenience, general welfare, and good subdivision practice requires adoption of such an ordinance; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 18th day of March, 2008 that Stafford County Code, Section 22-151 and Section 22-217 of the Subdivision Ordinance be and they hereby are amended and reordained as follows, with all other portions remaining the same: Sec. 22-151. Reverse frontage. Any development of a residential subdivision which will have more than five (5) lots, each of which will be less than three (3) acres in size and will be adjacent to a public street that has been classified by the governing body or the Virginia Department of Transportation (VDOT) as a primary, collector, or arterial road shall contain reverse frontage lots, except in cases where the agent has determined the lots have a specific disadvantage of lot orientation or topography; provided, however, that adequate emergency service access from the collector or arterial road into the subdivision shall be accommodated and all lots fronting on the primary, collector or arterial roads provide shared driveways for every two (2) lots. The determination by the agent shall be in writing and in response to a written request submitted by the subdivider. Any development of residential lots requiring reverse frontage pursuant to this section shall screen the residence from the collector or arterial road through the use of landscaping or fencing to provide the equivalent of a double row of trees six (6) feet in height. Sec. 22-217. Shared driveways. (a) The access point of a shared driveway with the street or private street shall be shown and constructed with the construction plan for the major subdivision, or on the plans for the first house building permit of a minor subdivision and shall comply with design and construction standards established by Virginia Department of Transportation to serve two (2) properties. A note shall be affixed on the plat of a minor subdivision stating the plans for the first house building permit with a shared driveway shall comply with the design and construction standards for a shared driveway as established by Virginia Department of Transportation to serve two (2) properties. (c) A note shall be affixed on the final plat of each lot with a shared driveway as: "The access over the lots shall be shared exclusively by the owners of the lots of which the shared driveways are a part; they are privately owned and privately maintained by the lot owners served. In the event use of the shared driveway access is increased to provide access to a third lot, either by a subsequent division of property or for use by an adjacent lot owner, the access will be considered to be a street and shall be (a) dedicated to public use and (b) improved by the owners of the lots served to satisfy the prevailing design and construction standards published in the Virginia Department of Transportation's Subdivision Street Requirements or other applicable VDOT standards." Planning and Zoning; Amend the County Code Regarding Certification of Planning Commissioners. Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation and responded to Board members questions.
The Chairman opened a public hearing. Mr. Woodson motioned, seconded by Mr. Crisp, to adopt proposed Ordinance O08-23. Discussion ensued. Mr. Milde made a substitute motion, seconded by Mr. Dudenhefer, to deny proposed Ordinance O08-23.
The Voting Board tally on the substitute motion was:
The Voting Board tally on the original motion was: Ordinance O08-23 reads as follows: AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ARTICLE II, DIVISION 2, SECTION 2-22 OF THE STAFFORD COUNTY CODE REGARDING CERTIFICATION OF PLANNING COMMISSION MEMBERS WHEREAS, the Board desires to amend Section 2-22 of the Stafford County Code entitled “Functions, powers and duties”; and WHEREAS, the Board finds that public necessity, convenience, general welfare, and good planning and zoning practices requires Planning Commissioners to be certified in a planning and land use program once they are appointed in order for the commissioners to fully understand and execute the functions, powers and duties prescribed by law; and WHEREAS, the Board recognizes the benefits of organizations such as the Citizen’s Planning Education Association of Virginia that provide ongoing training for Planning Commissioners through the Virginia Certified Commissioners Training Program and the benefit to Stafford County in having members of the Commission certified through such training program or such other comparable program as may be available; and WHEREAS, the current County Code does not require that Planning Commissioners be certified; and WHEREAS, the Board has considered the recommendation of the staff and the testimony at the public hearing; and WHEREAS, the Board finds that public necessity, convenience, general welfare, and good planning and zoning practice requires adoption of such an ordinance; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 18th day of March, 2008 that Chapter 2, Article II, Section 2-22 of the Stafford County Code be and it hereby is amended and reordained as follows, with all other portions remaining the same: Sec. 2-22. Functions, powers and duties. The planning commission shall have the functions, powers and duties which are prescribed by state law. In order that commission members are more fully able to understand and execute the functions, powers and duties prescribed, all commission members shall be required to begin the Virginia Certified Planning Commission Training Program administered by the Citizens Planning Education Association of Virginia, or such other comparable certification program as may be available, and to successfully complete such program within 12 months of their appointment. Failure, without just cause, of any member to comply with this requirement shall constitute malfeasance in office and may be grounds for removal from the commission. Planning; and Zoning; Vacate a Subdivision Plat of Colonial Port Section 1-C. Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation and responded to Board members questions.
The Chairman opened a public hearing.
Mr. Woodson motioned, seconded by Mr. Dudenhefer, to defer proposed Ordinance
The Voting Board tally was: Finance; Consider Participation in the Spring 2008 Virginia Public Service Authority Bond Sale for $11,910,000 and to Appropriate the Proceeds. Mr. Anthony Romanello, County Administrator, gave a presentation and responded to Board members questions.
The Chairman opened a public hearing. Mr. Crisp motioned, seconded by Mr. Woodson, to adopt proposed Resolution R08-129.
The Voting Board tally was: Resolution R08-129 reads as follows: A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $11,910,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF STAFFORD, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF
WHEREAS, the Board of Supervisors (the "Board") of the County of Stafford, Virginia (the "County") has determined that it is necessary and expedient to borrow an amount not to exceed $11,910,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes; and
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COUNTY OF STAFFORD, VIRGINIA
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Mr. Crisp motioned, seconded by Mr. Woodson, to adopt proposed Resolution R08-130.
The Voting Board tally was: Resolution R08-130 reads as follows:
A RESOLUTION TO BUDGET AND APPROPRIATE BOND WHEREAS, the Board, on March 18, 2008, adopted Resolution R08-129 which approved the issuance and sale of General Obligation school bonds in an amount not to exceed $11,910,000; and WHEREAS the budget needs to be amended to allow the County to receive the proceeds and transfer them to the School Construction Fund; and WHEREAS, a public hearing on the proposed amendment to the budget was held March 18, 2008, as required by Section 15.2-2507 of the Code of Virginia (1950), as amended; and WHEREAS, the Board has carefully considered the recommendation of staff and the testimony at the public hearing; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 18th day of March, 2008, that the County Administrator be and he hereby is authorized to budget and appropriate funds as follows:
GENERAL CAPITAL PROJECTS FUND:
SCHOOL CONSTRUCTION FUND Adjournment. At 11:52 P. M. the Chairman declared the meeting adjourned.
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