MINUTES

Regular Meeting
September 16, 2008

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, September 16, 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; Gail Roberts, Deputy County Attorney and Marty Beard, Chief Deputy Clerk.

Sheriff; Amend Stafford County Code, Chapter 15, by Adding Article VII Entitled “Towing of Trespassing Motor Vehicles from Private Property”. Mr. Milde motioned, seconded by Mr. Woodson, to delete this item from the Regular Agenda for Public Hearing.

The Voting Board tally was:
Yea: (7) Brito, Crisp, Dudenhefer, Milde, Schwartz, Sterling,
Nay: (0)

Legislative; Work Session; Presentation on Judicial Space Needs. Judge J. Martin Bass gave a presentation on the judicial space needs and responded to Board members questions.

Legislative; Work Session; Transportation Bond Referendum Public Information. Ms. Cathy Riddle, Public Information Administrator, gave a presentation on several public information efforts for the November 4, 2008 election and responded to Board members questions.

Mr. Sterling motioned, seconded by Mr. Dudenhefer, to authorize staff to pursue item 2a and 2b for 50,000 booklets with an additional up to 20,000 and to come back with what that would cost and further to direct staff to put together a recommendation on how that would look and to authorize staff to seek competitive bids.

Discussion ensued

The Voting Board tally was:
Yea: (7) Crisp, Dudenhefer, Milde, Schwartz, Sterling, Woodson, Brito
Nay: (0)

Mr. Crisp motioned, seconded by Mr. Woodson, to authorize staff to proceed with newspaper advertisements, the scrolling bulletin board on the Government cable channel, posting on the County web site and to organize public information meetings to be published via press release, on the Web site, and on the government cable channels.

Discussion ensued.

The Voting Board tally was:
Yea: (7) Dudenhefer, Milde, Schwartz, Sterling, Woodson, Brito, Crisp
Nay: (0)

Legislative; Work Session; Urban Transportation Service Districts and Public Facilities Impact Fees. Mr. Michael Neuhard, Deputy County Administrator; Mr. Fulton deLamorton, Transportation Administrator and Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation and responded to Board members questions.

Mr. Sterling excused himself from this issue because of his position on the Commonwealth Transportation Board.

Mr. Woodson motioned, seconded by Mr. Crisp, to adopt proposed Resolution R08-455 to include the map 1D which excludes Aquia Harbour.

Discussion ensued.

Mr. Milde made a substitute motion, seconded by Mr. Dudenhefer, to adopt proposed Resolution R08-455 with a change and to include Map 1C which includes Aquia Harbour.

Discussion further ensued

The Voting Board
Yea: (2) Dudenhefer, Milde
Nay: (4) Schwartz, Woodson, Brito, Crisp
Abstain: (1) Sterling

Mr. Crisp made a substitute motion, seconded by Mr. Dudenhefer, to adopt proposed Resolution R08-455 with a change and forward two maps, the one without the selected agricultural land and without Aquia Harbour and Map 1D with the resolution.

Discussion ensued.

Recess. At 4:00 P.M., the Chairman declared a recess.

Call to Order. At 4:10 P.M., the Chairman called the meeting back to order.

Mr. Woodson withdrew his motion.

The Voting Board tally on the substitute motion was:
Yea: (3) Woodson, Brito, Crisp
Nay: (3) Dudenhefer, Milde, Schwartz
Abstain: (1) Sterling

Mr. Schwartz motioned, seconded by Mr. Milde, to instruct staff to discontinue work on this project.

Mr. Crisp made a substitute motion, seconded by Mr. Dudenhefer, to go forth with map 1(d) expand north, without Aquia Harbour, and add language that the Board desires to continue these negotiations pending its decision whether to execute a Memorandum of Agreement with the Department of Transportation.

The Voting Board tally was:
Yea: (4) Brito, Crisp, Dudenhefer, Woodson
Nay: (2) Milde, Schwa
Abstain: (1) Sterling

Resolution R08-455 reads as follows:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO TRANSMIT TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION THE BOUNDARIES FOR THE PROPOSED
URBAN TRANSPORTATION SERVICE DISTRICTS AND TO SEEK CONCURRENCE BY THE COMMONWEALTH TRANSPORTATION BOARD OF THOSE DISTRICTS

WHEREAS, the Board, on June 17, 2008, authorized the County Administrator to enter into negotiations with the Virginia Department of Transportation (VDOT) to establish Urban Transportation Service Districts (UTSD) boundaries, as authorized in Chapter 896 of the 2007 Acts of Assembly; and

WHEREAS, the Board desires to continue these negotiations as it continues to consider whether to execute an MOA with VDOT; and

WHEREAS, the boundaries of two proposed UTSDs have been discussed by the Board; and

WHEREAS, the Board seeks concurrence by the Commonwealth Transportation Board of the proposed UTSD boundaries; and

WHEREAS, the Commonwealth Transportation Board, at its October 2008 meeting, will consider the proposed UTSD boundaries and take appropriate action;

NOW, THEREFORE, BE IT RESOLVED, by the Stafford County Board of Supervisors on this the 16th day of September, 2008, that the Board be and it hereby does authorize the County Administrator to transmit to the Virginia Department of Transportation, the boundaries for the proposed Urban Transportation Service Districts; and

BE IT FURTHER RESOLVED that the Board of Supervisors seeks concurrence by the Commonwealth Transportation Board of the proposed UTSD boundaries.

Legislative; Work Session Presentation on Update of Personnel Policy Manual. Ms. Tammi W. Ellis, Acting Executive Director of Administration, gave a presentation and responded to Board members questions.

Legislative; Work Session on Legislative Initiatives for the 2009 General Assembly. Mr. David Gayle, Assistant Director of Economic Development and Legislative Affairs, gave a presentation and responded to Board members questions.

Mr. Milde motioned, seconded by Mr. Sterling, to add an item for voters to sign a petition to elect a Vice Chairman as an at-large member of the Board of Supervisors.

Discussion ensued.

The Voting Board tally was:
Yea: (3) Dudenhefer, Milde, Sterling
Nay: (4) Crisp, Schwartz, Woodson, Brito

Hearing no objections from the Board, discussion on the legislative initiatives was deferred to the next Board meeting after a scheduled meeting with legislators that morning.

Legislative Illegal Immigration Committee Report. Committee members Chairman Schwartz and Supervisor Dudenhefer gave a presentation and responded to Board members questions.

Mr. Brito motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution
R08-426.

The Voting Board tally was:
Yea: (5) Dudenhefer, Milde, Schwartz, Brito, Crisp
Nay: (2) Sterling, Woodson

Resolution R08-426 reads as follows:

A RESOLUTION TO REQUEST THE CONGRESS OF THE UNITED STATES TO TAKE LEGISLATIVE ACTIONS RELATING TO ILLEGAL IMMIGRATION

WHEREAS, the Board established an Illegal Immigration Task Force in September 2007 to examine the issue of illegal immigration and its impacts on the Stafford community; and

WHEREAS, the Task Force met over a period of seven (7) months, conducting regular meetings open to the public, held two public meetings in December 2007 and received public input at two public hearings in January 2008; and

WHEREAS, the Task Force presented its findings and recommendations to the Board on May 6, 2008; and

WHEREAS, the Board believes that the issue of immigration in the United States is a federal issue which should be resolved by the Congress and the agencies of the federal government; however, the absence of a national policy and the corresponding lack of direction at the state level results in the burden of coping with illegal immigration being placed upon the shoulders of local governments and their citizens; and

WHEREAS, the Board desires to request the Congress take certain actions which will grant the Commonwealth and its localities the authority to deal with the issue of illegal immigration in the absence of a national policy;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 16th day September, 2008 that the United States Congress be and it hereby is requested to:

a) Amend or repeal the provisions of the Immigration Reform and Control Act of 1986 (IRCA) to allow the state and/or localities to impose civil or criminal fines upon those who employ illegal immigrants;

b) Amend or repeal the provisions of IRCA that prevent denial of public services to illegal immigrants other than emergency medical care and those services necessary to ensure the health of the general population.

c) Pass legislation to eliminate the requirement to educate children who are not legal residents of the United States; and

d) Pass legislation to provide the clear authority for localities to request documentation on the legal status of anyone receiving public services from local government agencies.

BE IT FURTHER RESOLVED that the County Administrator be and he hereby is directed to transmit a copy of this resolution to the members representing Stafford County in the United States Congress.

Mr. Brito motioned, seconded by Mr. Crisp, to adopt proposed Resolution R08-427 with a change.

Discussion ensued.

The Voting Board tally was:
Yea: (6) Milde, Schwartz, Sterling, Brito, Crisp, Dudenhefer
Nay: (1) Woodson

Resolution R08-427 reads as follows:

A RESOLUTION TO REQUEST THE VIRGINIA GENERAL ASSEMBLY TO TAKE LEGISLATIVE ACTIONS RELATING TO ILLEGAL IMMIGRATION

WHEREAS, the Board established an Illegal Immigration Task Force in September 2007 to examine the issue of illegal immigration and its impacts on the Stafford community; and

WHEREAS, the Task Force met over a period of seven (7) months, conducting regular meetings open to the public, held two public meetings in December 2007 and received public input at two public hearings in January 2008; and

WHEREAS, the Task Force presented its findings and recommendations to the Board on May 6, 2008; and

WHEREAS, the Board believes that the issue of immigration in the United States is a federal issue which should be resolved by the Congress and the agencies of the federal government; however, the absence of a national policy and the corresponding lack of direction at the state level results in the burden of coping with illegal immigration being placed upon the shoulders of local governments and their citizens; and

WHEREAS, the Board desires to request the Virginia General Assembly to take certain actions which will grant localities the authority to deal with the issue of illegal immigration in the absence of a national policy;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 16th day September, 2008 that the Virginia General Assembly is requested to:

a) Grant counties the authority to sanction businesses that employ illegal immigrants once permitted to do so by federal law;
b) Grant counties the authority to deny services to illegal immigrants other than emergency medical care and those services that ensure the health of the general population, once permitted to do so by federal law;
c) Seek federal reimbursement for the full cost of all public services provided to illegal immigrants; and
d) Pass legislation to provide the clear authority for localities to request documentation on the legal status of anyone receiving public services from local government agencies.
e) Grant counties the authority to revoke the business license of an employer who knowingly hires illegal immigrants.

BE IT FURTHER RESOLVED that the County Administrator be and he hereby is directed to transmit a copy of this resolution to the members representing Stafford County in the Virginia General Assembly.

Mr. Dudenhefer motioned, seconded by Mr. Sterling, to adopt proposed Resolution
R08-428 with a change.

A substitute motion was made by Mr. Dudenhefer, seconded by Mr. Woodson, to defer proposed Resolution R08-428 to the next Board meeting.

The Voting Board tally was:
Yea: (6) Sterling, Woodson, Brito, Crisp, Dudenhefer, Schwartz
Nay: (0)
Absent: (1) Milde

Legislative; Report from the Audit Committee. Supervisor Dudenhefer commented.

Ms. Anika Ashbourne, Chief Financial Auditor, gave a presentation and responded to Board members questions.

Mr. Dudenhefer motioned, seconded by Mr. Milde, to accept the Audit Plan dated September 5, 2008.

Discussion ensued.

Hearing no objections from the Board, it was requested that a waste, fraud and abuse hotline telephone number be placed on the Stafford County Web Site.

The Voting Board tally was:
Yea: (7) Woodson, Brito, Crisp, Dudenhefer, Milde, Schwartz, Sterling
Nay: (0)

Legislative; Closed Meeting. At 5:11 P.M., Mr. Sterling motioned, seconded by Mr. Crisp, to adopt proposed Resolution CM08-19.

The Voting Board tally was:
Yea: (7) Brito, Crisp, Dudenhefer, Milde, Schwartz, Sterling, Woodson
Nay: (0)

Resolution CM08-19 reads as follows:

A RESOLUTION TO AUTHORIZE CLOSED MEETING

WHEREAS, the Board of County Supervisors desires to consult with counsel and discuss in Closed Meeting Legal Advice regarding the pending litigation entitled “Airport Business Group LLC et al v. Board of Supervisors of Stafford; and

WHEREAS, pursuant to Section 2.2-3711 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 16th day of September, 2008, does hereby authorize discussions of the aforestated matters in Closed Meeting.

Call to Order. At 5:30 P.M., the Chairman called the meeting to order.

Legislative; Closed Meeting Certification. Mr. Sterling motioned, seconded by Mr. Milde, to adopt proposed Resolution CM08-19a.

The Voting Board tally was:
Yea: (5) Crisp, Milde, Schwartz, Sterling, Woodson
Nay: (0)
Absent: (2) Dudenhefer, Brito

Resolution CM08-19a reads as follows:

A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD COUNTY BOARD OF SUPERVISORS IN A CLOSED MEETING ON SEPTEMBER 16, 2008

WHEREAS, the Board has, on this the 16th day of September, 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 16th day of September, 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 5:31 P.M., the Chairman declared a recess until 7:00 P.M.

Call to Order. At 7:00 P.M., the Chairman called the meeting back to order.

Invocation. Mr. Crisp gave the Invocation.

Pledge of Allegiance. Mr. Crisp lead in the recitation of the Pledge of Allegiance to the Flag of the United States of America.

Legislative; Presentation of a Proclamation to Recognize September 17-23, 2008, as Constitution Week. The Chairman presented the proclamation to Virginia Sanderson Brown of the Daughters of the American Revolution.

Legislative; Presentations by the Public. The following persons spoke on topics as identified:

Lee Stephens - Proposed Towing Ordinance.
Mary Meadows - Personal Property Tax on Aircraft.
Don Marrow - New water rates.
Ted Parks - Personal Property Tax on Aircraft.
David Beiler - Personal Property Tax on Aircraft.
Alane Callander - Judicial space needs.
Joyce Fitzhugh - Virginia Power Lines
Cecelia Kirkman - Personal Property Tax on Aircraft.

Planning and Zoning; Amend and Reordain the Zoning Ordinance by Amending the Zoning District Map to Reclassify from B-3, Office to B-2, Urban Commercial, on Assessor’s Parcel 20G-1, 0.50 Acres Located at 101 Shenandoah Lane.

The Chairman continued the public hearing
No one desired to speak
The Chairman closed the public hearing

Mr. Dudenhefer motioned, seconded by Mr. Milde, to adopt proposed Ordinance O08-67

The Voting Board tally was:
Yea: (7) Dudenhefer, Milde, Schwartz, Sterling, Woodson, Brito, Crisp
Nay: (0)

Ordinance O08-67 reads as follows:

AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE FOR STAFFORD COUNTY BY AMENDING THE ZONING DISTRICT MAP TO RECLASSIFY, WITH PROFFERS, FROM B-3, OFFICE TO B-2, URBAN COMMERCIAL ZONING DISTRICT ON ASSESSOR’S PARCEL 20G-1, GARRISONVILLE ELECTION DISTRICT

WHEREAS, JBM Solutions LLC, applicant, has submitted application RC2800194 requesting reclassification of the above-mentioned property, consisting of approximately 0.50 acres, located on the southwestern intersection of Garrisonville Road and Shenandoah Lane within the Garrisonville 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 16th day of September, 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 B-3, Office to B-2, Urban Commercial Zoning District on Assessor’s Parcel 20G-1 with proffers dated August 29, 2008.

Planning; and Zoning; Consider a Conditional Use Permit at 2000 Mountain View Road.
Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation and responded to Board members questions.

The Chairman opened a public hearing.
The following persons spoke:
Carla Pickar, Applicant
Gloria Freye, Attorney for the Applicant
Patrick Miles
Hugh Beckford
The Chairman closed the public hearing

Mr. Sterling motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution
R08-367.

Discussion ensued.

The Voting Board tally was:
Yea: (7) Milde, Schwartz, Sterling, Woodson, Brito, Crisp. Dudenhefer
Nay: (0)

Resolution R08-367 reads as follows:

A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT PURSUANT TO APPLICATION CUP2800241 FOR AN ELECTRICAL SUBSTATION FACILITY AND AN EXCEPTION TO THE MAXIMUM HEIGHT REQUIREMENT IN AN A-1, AGRICULTURAL, ZONING DISTRICT ON ASSESSOR’S PARCEL 28-8K AND 28-8H (PORTION) WITHIN THE ROCK HILL ELECTION DISTRICT

WHEREAS, Dominion Virginia Power, applicant, has submitted application CUP2800241 requesting a Conditional Use Permit to allow an electrical substation facility and an exception to the maximum height requirement in an A-1, Agricultural, Zoning District, on the above-described property; and

WHEREAS, the application has been submitted pursuant to Stafford County Code, Section 28-35 of the Zoning Ordinance which permits this use in an A-1, Agricultural Zoning District after a Conditional Use Permit has been issued by the Board; and

WHEREAS, the Board has carefully considered the recommendation of the Planning Commission, staff and testimony at the public hearing; and

WHEREAS, the Board finds that the request meets the standards of the Zoning Ordinance for issuance of a Conditional Use Permit;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 16th day of September, 2008, that a Conditional Use Permit pursuant to application CUP2800241 be and it hereby is approved with the following conditions:

1. This Conditional Use Permit is for an electrical substation facility in an A-1, Agricultural Zoning District on Assessor’s Parcels 28-8K and 28-8H (portion) consisting of 25.87 acres.

2. The site shall be in substantial conformance with the latest version of the Generalized Development Plan prepared by Dominion dated June 19, 2008.

3. Static Poles are not to exceed eighty (80) feet in height.

4. The applicant shall dedicate right-of-way to achieve thirty-eight (38) feet from the centerline of Mountain View Road.

5. The site shall not have access to Kassy Lane.

6. A minimum of fifty percent (50%) of required tree plantings shall be evergreens.

7. Consolidation of parcels must be completed prior to site plan approval.

8. Maximum permissible sound pressure shall not exceed 55 dba as measured from the adjoining property lines at any time.

9. Habitable structures on site are prohibited .
10. No commercial vehicles or equipment shall be stored on the property for more than a forty-eight (48) hour period except for emergency situations or equipment repair.

11. The electrical substation shall be secured with fencing as depicted on the GDP and such fencing shall be maintained at all times.

12. Lighting or lighting structures shall not exceed thirty-five (35) feet in height and the light emanating there from shall be directed away from adjoining properties and shall not exceed one half (0.5) foot candles of illumination at any property line.

13. There shall be no flags or banners used on site except for construction purposes.

14. The Owner of the substation shall provide notice to the County upon abandonment of use. The owner shall be responsible for dismantling the substation within one hundred eighty (180) days of its closure and restoring the site to a natural state.

15. Construction of the substation during the week shall be limited to day light hours and during the weekend shall be limited to daylight hours as specified in Chapter 16 of the Stafford County Code.

16. Plant units shall exceed the landscape requirements by ten percent (10%).

17. 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.

Finance; Participate in the Fall 2008 VPSA School Sale and to Budget and Appropriate the Bond Proceeds. Dr. David E. Sawyer, Division Superintendent of Schools, gave a presentation and responded to Board members questions.

The Chairman opened a public hearing.
No one desired to speak.
The Chairman closed the public hearing.

Mr. Dudenhefer motioned, seconded by Mr. Woodson, to adopt proposed Resolution R08-433.

Discussion ensued.

Mr. Brito made a substitute motion, seconded by Mr. Crisp to defer proposed Resolution R08-433 to the next Board meeting.

Discussion ensued

The Voting Board tally was:
Yea: (3) Sterling, Brito, Crisp
Nay: (4) Woodson, Dudenhefer, Milde, Schwartz

Discussion further ensued.

The Voting Board tally on the original motion was:
Yea: (5) Schwartz, Sterling, Woodson, Crisp, Dudenhefer
Nay: (2) Brito, Milde

Resolution R08-433 reads as follows:

A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $4,480,000 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 $4,480,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes; and
WHEREAS, the Board held a public hearing on September 16, 2008, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia of 1950, as amended (the "Virginia Code"); and
WHEREAS, the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds and has consented to the issuance of the Bonds; and
WHEREAS, the objective of the Virginia Public School Authority ("VPSA") is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds, the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds; and
WHEREAS, such factors may result in requiring the County to accept a discount, given the VPSA Purchase Price Objective and market conditions, under which circumstance the proceeds from the sale of the Bonds received by the County will be less than the amount set forth in paragraph 1 below; and
WHEREAS, the objective of the Virginia Public School Authority ("VPSA") is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds, the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds; and
WHEREAS, such factors may result in requiring the County to accept a discount, given the VPSA Purchase Price Objective and market conditions, under which circumstance the proceeds from the sale of the Bonds received by the County will be less than the amount set forth in paragraph 1 below;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF STAFFORD, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in the aggregate principal amount not to exceed $4,480,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of VPSA to purchase from the County, and to sell to VPSA, the Bonds at a price determined by VPSA and accepted by the Chairman of the Board or the County Administrator and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement with the VPSA providing for the sale of the Bonds to VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement").
3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2008B" (or such other designation as the County Administrator may approve) shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 2009, at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA.
4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by VPSA, provided that each interest rate shall be no more than ten one-hundredths of one percent (0.10%) over the interest rate to be paid by VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six percent (6%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 26 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A.
6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds:
(a) For as long as VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption;
(b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and
(c) U.S. Bank National Association, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds.
7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2018, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2018, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2018, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2018, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2018, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption:
Dates Prices
July 15, 2018 to July 14, 2019, inclusive.............................................. 101%
July 15, 2019 to July 14, 2020, inclusive.............................................. 100.5
July 15, 2020 and thereafter................................................................. 100;
Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be requested by VPSA.
8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. The manner of such execution may be by facsimile, provided that if both signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature of the Paying Agent.
9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose.

10. Use of Proceeds Certificate; Non-Arbitrage Certificate. The Chairman of the Board and the County Administrator, or either of them and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, if required by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for federal income tax purposes.
11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved.
12. Continuing Disclosure Agreement. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement).
13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County.
14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
The undersigned Clerk of the Board of Supervisors of the County of Stafford, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 16, 2008, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting, and (iii) the vote of each member, including any abstentions.
WITNESS MY HAND and the seal of the Board of Supervisors of the County of Stafford, Virginia, this 16th day of September, 2008.
________________________
Clerk, Board of Supervisors
of the County of Stafford, Virginia
(SEAL)
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-1 $____________
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF STAFFORD
General Obligation School Bond
Series 2008B
The COUNTY OF STAFFORD, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of ______________________ Dollars ($___________), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2009 and annually on July 15 thereafter to and including July 15, 20__ (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year commencing on July 15, 2009 (each an "Interest Payment Date;" together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America.
For as long as the Virginia Public School Authority is the registered owner of this Bond, U.S. Bank National Association, Richmond, Virginia, as bond registrar (the "Bond Registrar") shall make all payments of principal, premium, if any, and interest on this Bond, without presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation.
The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose.
This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended, and resolutions duly adopted by the Board of Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes.
This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment.
The principal installments of this Bond coming due on or before July 15, 2018 and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2018 are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, 2018, and the definitive Bonds for which this Bond may be exchanged that mature after July 15, 2018 are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2018, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption:
Dates Prices
July 15, 2018 to July 14, 2019, inclusive.......................................................... 101%
July 15, 2019 to July 14, 2020, inclusive.......................................................... 100.5
July 15, 2020 and thereafter............................................................................. 100;
Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption.
All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia.

THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK

IN WITNESS WHEREOF, the Board of Supervisors of the County of Stafford, Virginia, has caused this Bond to be issued in the name of the County of Stafford, Virginia, to be signed by its Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated November __, 2008.
COUNTY OF STAFFORD, VIRGINIA
[SEAL]
ATTEST:

By: ________________________________
Clerk, Board of Supervisors of the
County of Stafford, Virginia By: _________________________________
Chairman, Board of Supervisors of the
County of Stafford, Virginia

ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE: ________________________________________
the within Bond and irrevocably constitutes and appoints
__________________________________________________ attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises.
Dated: ______________________

Signature Guaranteed:

___________________________________
(NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended.)
______________________________
Registered Owner
(NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.)

Mr. Dudenhefer motioned, seconded by Mr. Woodson, to adopt proposed Resolution R08-434.
The Voting Board tally was:
Yea: (5) Woodson, Crisp, Dudenhefer, Schwartz, Sterling
Nay: (2) Brito, Milde

Resolution R08-434 reads as follows:
A RESOLUTION TO BUDGET AND APPROPRIATE BOND
PROCEEDS FROM GENERAL OBLIGATION SCHOOL BONDS

WHEREAS, the Board, on September 16, 2008, adopted Resolution R08-433 which approved the issuance and sale of General Obligation school bonds in an amount not to exceed $4,480,000; and

WHEREAS the budget needs to be amended to allow the County to receive the proceeds and transfer them to the School Construction Fund;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 16th day of September, 2008, that the County Administrator be and he hereby is authorized to budget and appropriate funds as follows:

GENERAL CAPITAL PROJECTS FUND:

Revenue:
Proceeds from VPSA Bond Sale $4,480,000
Expenditure:
Transfer to School Construction Fund $4,480,000

SCHOOL CONSTRUCTION FUND
Revenue
Transfer from Capital Projects Fund $4,480,000
Expenditure
School construction $4,480,000

Legislative; Additions to the Regular Agenda. Mr. Woodson motioned, seconded by Mr. Brito, to add Item 25. Legislative; Discuss VTS Audio/Video Contract and Item 26. Legislative; Discuss Funding for the Senior Meals Program to the Regular Agenda.

The Voting Board tally was:
Yea: (5) Brito, Dudenhefer, Milde, Schwartz, Sterling, Woodson
Nay: (1) Sterling
Absent: (1) Crisp

Legislative; Consent Agenda. Mr. Brito motioned, seconded by Mr. Woodson, to adopt the Consent Agenda consisting of items 12 thru 16.

The Voting Board tally was:
Yea: (6) Dudenhefer, Milde, Schwartz, Sterling, Woodson, Brito
Nay: (0)
Absent (1) Crisp

Item 12. Legislative; Approve Minutes of Board Meeting. Regular Meeting of August 19, 2008

Item 13. Human Resources; Adoption of Revised Personnel Policy Manual

Resolution R08-443 reads as follows:

A RESOLUTION TO ADOPT THE REVISED PERSONNEL POLICY MANUAL

WHEREAS, the Policy Manual has not been updated since 1992; and

WHEREAS, the County desires to have a reorganized version to meet all County, state and federal policies; and

WHEREAS, the Policy Manual has been reviewed by the Employee Advisory Committee (EAC), outside counsel, and the County Attorney’s Office;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 16th day of September, 2008, that the updated and revised Personnel Policy Manual be and it hereby is adopted.

Item 14. Approve a Proclamations.

Proclamation P08-15 reads as follows:

A PROCLAMATION TO DESIGNATE SEPTEMBER 17-23, 2008
AS CONSTITUTION WEEK

WHEREAS, September 17, 2008 marks the 221st anniversary of the adoption of the Constitution of the United States of America; and
WHEREAS, for four months in 1787, 55 delegates from several of the states met at the State House in Philadelphia to frame a Constitution to establish a federal republic; and
WHEREAS, the Constitution is the foundation of all law and government in the nation, setting forth the three main branches of government and enumerating the powers of the President, Congress and the Judicial Branch; and
WHEREAS, the Constitution has been amended to include a long list of rights known collectively as the Bill of Rights which protects the civil liberties of the individual states and citizens, including the freedom of speech, freedom of assembly, protection from unreasonable search and seizure, and a guarantee of due process under the law; and

WHEREAS, the Constitution is a unique and compelling document that guarantees the strength of our nation, and sets an example for people throughout the world who are struggling to establish free societies in which their voices will be heard; and

WHEREAS, the Board desires to bring to the attention of citizens everywhere the significance of the Constitution of the United States of America, and urges residents and school children in Stafford to honor it as the cornerstone upon which this great country was built; and

WHEREAS, the Congress of the United States, by joint resolution, designated September 17th as “Citizenship Day” and the week beginning September 17th and ending September 23rd of each year as “Constitution Week”;

NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 16th day of September, 2008, that the week of September 17-23, 2008 be and it hereby is declared as a time to honor the Constitution of the United States of America.

Proclamation P08-14 reads as follows:

A PROCLAMATION TO DECLARE OCTOBER 2008 AS
DISABILITY EMPLOYMENT AWARENESS MONTH IN STAFFORD

WHEREAS, Congress has designated October of each year as a time to increase public awareness about the invaluable talent and skills that disabled citizens have to offer in the workplace; and
WHEREAS, the private sector, federal, state and local government, and advocacy organizations are working in tandem to enact policies that will help disabled Americans as they interact with employers, continue their education and training, and seek resources relating to health care, transportation, affordable housing and assistive technology; and
WHEREAS, as employees, disabled citizens have the ability to adapt to new situations and circumstances, add to the range of experience that businesses need to succeed, and offer unique viewpoints about how to solve problems and implement new strategies; and
WHEREAS, Stafford’s ADA (Americans with Disabilities Act) Grievance Committee and the disAbility Resource Center have joined forces to lessen both the sociological and physical barriers that prevent full employment of disabled individuals; and

WHEREAS, the Board desires to bring to the attention of citizens everywhere the capacity of persons with disabilities to meet a wide range of job performance standards, interact successfully with fellow employees and accomplish any goal set before them;

NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 16th day of September, 2008, that October 2008 be and it hereby is declared as Disability Employment Awareness Month in Stafford.

Proclamation P08-17 reads as follows:

A PROCLAMATION TO RECOGNIZE AND COMMEND SARA FARTRO FOR HER SERVICE AND DEVOTION TO STAFFORD’S SISTER COMMUNITY PROGRAM

WHEREAS, the people of Stafford Borough, England and Stafford County, Virginia initiated a sister community relationship in 1991 under the auspices of the Rotary Clubs of the Borough and County; and

WHEREAS, the relationship was memorialized by the signing of a formal charter by the Mayor of Stafford Borough and the Chairman of the Stafford Board of Supervisors at the Gatehouse Theater in Stafford Borough on May 15, 1994, and subsequently on June 22, 1995 in Stafford, Virginia; and

WHEREAS, the Stafford Virginia-Stafford England Friendship Association, Inc. was established to foster this relationship, encourage the exchange of ideas and information, coordinate civic visits from time to time and develop firm foundations for friendship, respect and understanding between our communities; and

WHEREAS, Stafford citizen Sara Fartro has served as President of the Association since its inception; and

WHEREAS, under her leadership and guidance, the Association has succeeded in its mission for almost two decades, fostering mutual understanding and respect between our two peoples; and

WHEREAS, during her tenure, the Association has grown in membership and community participation in the program has increased with civic exchanges taking place every other year; and

WHEREAS, the Board desires to call to the attention of citizens everywhere the tireless dedication and devotion Sara Fartro has given to the Sister Community effort and to thank her for her immeasurable contributions to international goodwill over the years;

NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 7th day of October, 2008 that Sara Fartro be and she hereby is publicly recognized and commended for her service and devotion to Stafford’s Sister Community Program and to the citizens of Stafford Borough, England and Stafford, Virginia.

Item 15. Legislative; Authorize a Public Hearing to:

Resolution R08-447 reads as follows:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO ADVERTISE A PUBLIC HEARING TO AMEND AND REORDAIN STAFFORD COUNTY CODE, SECTION 5-18 ENTITLED "NOISE FROM ANIMALS"

WHEREAS, the current County Code does not adequately address the problem of barking dogs; and

WHEREAS, the Board desires to consider amending the Stafford County Code to strengthen the penalties for those who allow their pet to disturb the quiet, comfort or repose of one or more members of the community; 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 16th day of September, 2008, that the County Administrator be and he hereby is authorized to advertise a public hearing to allow for presentation and public comment for the purpose of amending Stafford County Code, Section 5-18.

Resolution R08-441 reads as follows:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO ADVERTISE A PUBLIC HEARING TO DISCUSS VACATING A WATERLINE EASEMENT ON PARCEL 21-51A, SOUTHSIDE OF COACHMAN CIRCLE

WHEREAS, the Board has authority to approve the vacation of public easements within Stafford County; and

WHEREAS, the owner of Parcel 21-51A desires the easement for a waterline be vacated in the manner shown for approximately 138 feet in length along the south side of Coachman Circle; and

WHEREAS, to construct the improvements known as Hills of Aquia, Seven-Eleven Major Site Plan improvements, vacation of this easement is necessary;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 16th day of September 2008, that the County Administrator be and he hereby is authorized to advertise for a public hearing on October 7, 2008 for the purpose of vacating a waterline easement.

Item 16. Legislative; Appoint Members to Boards, Authorities, Commissions and Committees

Resolution R08-459 reads as follows:

A RESOLUTION TO RECOMMEND MEMBERS FOR APPOINTMENT
TO THE STAFFORD COUNTY BOARD OF ZONING APPEALS

WHEREAS, Section 15.2-2308 of the Code of Virginia (1950), as amended, and Section 28-341 of the Stafford County Code provides for a Board of Zoning Appeals which members shall be appointed by the Circuit Court; and

WHEREAS, Ordinance O93-06 authorizes the Board of Zoning Appeals to consist of seven members; and

WHEREAS, the Board has previously recommended and the Circuit Court appointed the following:

NAME EXPIRATION

Ernest C. Ackermann December 31, 2011
(Falmouth District)

John Overbey December 31, 2008
(Hartwood District)

Stephen R. Beauch December 31, 2009
(Griffis-Widewater District)

Larry W. Ingalls December 31, 2010
(George Washington District)

Cecelia Kirkman December 31, 2008
(Aquia District)

Michael Levy December 31, 2012
(Garrisonville District)

Robert Gibbons December 31, 2012
(Rock Hill District)

WHEREAS, Michael Levy has been appointed as a Judge of the Fifteenth Judicial District; and

WHEREAS, it is the desire of the Board to recommend an individual to fill the unexpired term; and

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 16th day of September, 2008, that

NAMEEXPIRATION

Karl Larson December 31, 2012
(Garrisonville District)

be and he hereby is recommended for appointment to the Stafford County Board of Zoning Appeals.

Resolution R08-466 reads as follows:

A RESOLUTION TO APPOINT A MEMBER TO THE DISABILITY
SERVICES BOARD OF PLANNING DISTRICT 16

WHEREAS, Section 51.5-47 of the Code of Virginia, (1950), as amended, provides for the establishment of a Disability Services Board; and

WHEREAS, Ordinance O93-14 was adopted on April 6, 1993, which establishes the Disability Services Board of Planning District 16; and

WHEREAS, each locality in Planning District 16 shall appoint three members representing one local official, one representative of the business community and one consumer; and

WHEREAS, the Board has previously appointed the following:

NAME EXPIRATION

Charles Morgan July 1, 2010
(Consumer)

Charles A. Cooper July 1, 2009
(Local Official)

Vacant July 1, 2009
(Business Community)

WHEREAS, a vacancy exists; and

WHEREAS, the Board desires to fill the unexpired term;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 16th day of September 2008, that

NAME EXPIRATION

Bernard R. Werie, Jr. July 1, 2009
(Business Community)

be and he hereby is appointed to the Disability Services Board.

Public Services; Authorize Contract for Architectural and Engineering Services for the Juvenile and Domestic Relations Courthouse. Ms. Tammi W. Ellis, Acting Executive Director of Administration, gave a presentation and responded to Board members questions.

Mr. Crisp motioned, seconded by Mr. Milde, to adopt proposed Resolution R08-309 with a change.

Discussion ensued.

Mr. Sterling made a substitute motion, seconded by Mr. Woodson, to defer this item to October 2009.

Discussion further ensued.

Mr. Woodson made a Call for the Question, seconded by Mr. Dudenhefer.

The Voting Board tally was:
Yea: (7) Schwartz, Sterling, Woodson, Brito, Crisp, Dudenhefer, Milde
Nay: (0)

The Voting Board tally on the substitute motion was:
Yea: (4) Sterling, Woodson, Brito, Dudenhefer
Nay: (3) Milde, Schwartz, Crisp

Recess. At 9:33 P.M., the Chairman declared a recess.

Call to Order. At 9:45 P.M., the Chairman called the meeting back to order.

Planning and Zoning; Amend Section 28-25, Definition of Specific Terms, of the Zoning Ordinance Pertaining to Signs for Chesapeake Bay Act Resource Protection Areas.
Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation and responded to Board members questions.

Mr. Dudenhefer motioned, seconded by Mr. Sterling to adopt proposed Resolution
R08-303 with a change to the policy.

Discussion ensued.

The Voting Board tally was:
Yea: (5) Sterling, Woodson, Brito, Crisp, Dudenhefer
Nay: (2) Milde, Schwartz

Resolution R08-303 reads as follows:

A RESOLUTION TO ADOPT A CRITICAL RESOURCE PROTECTION AREA SIGNAGE POLICY, A POLICY WHICH DEFINES THE IMPLEMENTATION AND INSTALLATION DETAILS FOR THE CRPA BUFFER SIGNS

WHEREAS, on all plans of development, the Chesapeake Bay Ordinance requires that for all identified perennial streams, areas adjacent to tidal non tidal wetlands and tidal shores, a one hundred (100) foot wide Critical Resource Protection Area (CRPA) buffer is to be established adjacent to the resources; and

WHEREAS, the Chesapeake Bay Ordinance prohibits any development or disturbance within the CRPA except as otherwise provided for; and

WHEREAS, a property owner may not understand the significance and restrictions placed upon their property by containing the CRPA buffer and may not know exactly where the edge of the buffer is; and

WHEREAS, the Board believes that signs identifying protected areas will minimize encroachments onto the CRPAs and possible violation of the ordinance; and

WHEREAS, public necessity, convenience, general welfare, and good zoning practices require the proposed policy;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 16th day of September, 2008, that the Board be and it hereby does approve the “CRPA Signage Policy” revised September 16, 2008.

Mr. Dudenhefer motioned, seconded by Mr. Sterling, to adopt proposed Ordinance
O08-56 with a change.

Discussion ensued.

The Voting Board tally was:
Yea: (6) Woodson, Brito, Crisp, Dudenhefer, Schwartz, Sterling
Nay: (1) Milde

Ordinance O08-56 reads as follows:

AN ORDINANCE TO AMEND AND REORDAIN STAFFORD COUNTY CODE SECTION 28-25, DEFINITIONS OF SPECIFIC TERMS; SECTION 28-62, CHESAPEAKE BAY PRESERVATION AREA OVERLAY DISTRICT; SECTION 28-123, TYPES PERMITTED IN A-1 DISTRICTS; SECTION 28-124, TYPES PERMITTED IN A-2 AND R-1 DISTRICTS; SECTION 28-125, TYPES PERMITTED IN R-2, R-3 AND R-4 DISTRICTS; SECTION 28-126, TYPES PERMITTED IN B-1, B-2, M-1 AND M-2 DISTRICTS; SECTION 28-127, TYPES PERMITTED IN RC, SC, B-3, LC AND RBC DISTRICTS; AND SECTION 28-137, TYPES OF SIGNS PERMITTED IN P-TND DISTRICTS, OF THE ZONING ORDINANCE

WHEREAS, on all plans of development, the Chesapeake Bay Ordinance requires that for all identified perennial streams, areas adjacent to tidal non tidal wetlands and tidal shores, a one hundred (100) foot wide Critical Resource Protection Area (CRPA) buffer is to be established adjacent to the resources; and

WHEREAS, the Chesapeake Bay Ordinance prohibits any development or disturbance within the CRPA except as otherwise provided for; and

WHEREAS, a property owner may not understand the significance and restrictions placed upon their property by containing the CRPA buffer and may not know exactly where the edge of the buffer is; and

WHEREAS, the Board believes that signs identifying protected areas will minimize encroachments into the CRPAs and possible violation of the ordinance; and

WHEREAS, the Board has carefully considered the recommendation of the Planning Commission and staff and the testimony at the public hearing; and

WHEREAS, the Board finds that public necessity, convenience, general welfare, 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 16th day of September, 2008, that the Stafford County Code be and it hereby is amended and reordained by amending Section 28-25, Definitions of Specific Terms; Section 28-62, Chesapeake Bay Preservation Area Overlay District; Section 28-123, Types Permitted in A-1 Districts; Section 28-124, Types Permitted in A-2 and R-1 Districts; Section 28-125, Types Permitted in R-2, R-3 and R-4 Districts; Section 28-126, Types Permitted in B-1, B-2, M-1 and M-2 Districts; Section 28-127, Types Permitted in RC, SC, B-3, LC and RBC Districts; and Section 28-137, Types of Signs Permitted in P-TND Districts, of the Zoning Ordinance as follows where all other portions remaining unchanged:

Sec. 28-25. Definitions of specific terms.

Sign, Critical Resource Protection Area (CRPA). A sign identifying the landward limits of the Critical Resource Protection Area (CRPA).

Sec. 28-62. Chesapeake Bay Preservation Area Overlay District.
(g) General performance Criteria
(2) CRPA Buffer area requirements
f. The CRPA buffer area shall be maintained pursuant to the following performance standards:
(6) Subsequent to the issuance of a building permit and prior to the issuance of an occupancy permit for the construction of a new single-family dwelling, duplex or townhouse on any residential lot or parcel, a sign shall be installed by the owner, builder or developer identifying the landward limits of the CRPA (Critical Resource Protection Area). Such signs shall conform to the Critical Resource Protection Area (CRPA) Signage Policy and shall be installed at the expense of the owner, builder or developer in accordance with the Critical Resource Protection Area (CRPA) Signage Policy.

Sec. 28-123. Types permitted in A-1 districts.

(9) Critical Resource Protection Area (CRPA) sign.

Sec. 28-124. Types permitted in A-2 and R-1 districts.

(7) Critical Resource Protection Area (CRPA) sign.

Sec. 28-125. Types permitted in R-2, R-3, and R-4 districts.

(5) Critical Resource Protection Area (CRPA) sign.

Sec. 28-126. Types permitted in B-1, B-2, M-1, and M-2 districts.

(8) Critical Resource Protection Area (CRPA) sign.

Sec. 28-127. Types permitted in RC, SC, B-3, LC and RBC district.

(9) Critical Resource Protection Area (CRPA) sign.

Sec. 28-137. Types of signs permitted in P-TND districts.

(g) Critical Resource Protection Area (CRPA) sign.

BE IT FURTHER ORDAINED that this ordinance shall become effective on September 16, 2008.

Legislative; Authorize Signage for Fire and Rescue Station No. 2. The County Administrator commented.

Mr. Dudenhefer motioned, seconded by Mr. Woodson, to adopt proposed Resolution R08-445 with a change.

Discussion ensued.

Mr. Milde made a substitute motion to allow signage with the County paying for it.

The motion failed for lack of a second to the motion.

The Voting Board tally on the original motion was:
Yea: (5) Brito, Crisp, Dudenhefer, Sterling, Woodson
Nay: (2) Milde, Schwartz

Resolution R08-445 reads as follows:

A RESOLUTION TO AUTHORIZE ADDITIONAL SIGNAGE
FOR FIRE AND RESCUE STATION NO.2

WHEREAS, Stafford Volunteer Fire Company 2 and Stafford Volunteer Rescue Squad 1 will be relocating to the new Stafford County Fire and Rescue Department Station 2 upon completion and will be recognized on the monument sign in the front of the building; and

WHEREAS, to further recognize the names and logos of Stafford Volunteer Fire Company 2 and Stafford Volunteer Rescue Squad 1 the Board desires to place additional signage on the exterior north wall facing Courthouse Road; and

WHEREAS, the Department of Public Services desires the services of outside contractors to provide signage for a new Fire and Rescue Station that is beyond the capabilities of County resources;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 16th day of September 2008, that the County Administrator be and he hereby is authorized to approve the additional signage for the new Fire and Rescue Station in an amount not-to-exceed Two Thousand One Hundred Fifty-seven Dollars ($2,157) to be paid by Volunteer Fire Company 2 and Volunteer Rescue 1.

Planning and Zoning; Appeal the Director of Planning and Zoning Decision Regarding Subdivision Vesting Status for the Glens. Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation and responded to Board members questions.

Mr. Brito motioned, seconded by Mr. Woodson, to adopt proposed Resolution R08-219.

Mr. Clark Leming, Attorney for the applicant, gave a presentation and responded to Board members questions.

Discussion ensued.

The Voting Board tally was:
Yea: (7) Dudenhefer, Milde, Schwartz, Sterling, Woodson, Brito, Crisp
Nay: (0)

Resolution R08-219 reads as follows:

A RESOLUTION TO AFFIRM A DECISION BY THE DIRECTOR OF PLANNING AND ZONING REGARDING THE PRELIMINARY PLAN STATUS OF THE GLENS SUBDIVISION, ROCK HILL AND HARTWOOD ELECTION DISTRICTS

WHEREAS, a preliminary subdivision plan for The Glens subdivision was approved by the Planning Commission on July 2, 2003; and

WHEREAS, Sections 15.2-2241(5) and 15.2-2260(f) and (g) of the Code of Virginia (1950), as amended, and Stafford County Code, Section 22-6 address the validity of preliminary subdivisions plans; and

WHEREAS, the Director of Planning and Zoning has determined that the validity for the preliminary subdivision plan for The Glens expired on July 1, 2008, and therefore it has expired; and

WHEREAS, the applicant has appealed the decision of the Director of Planning and Zoning pursuant to Section 22-6 of the Stafford County Subdivision Ordinance; and

WHEREAS, the Board has determined that the decision by the Director of Planning and Zoning is appropriate;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 16th day of September, 2008, that the decision of the Director of Planning and Zoning determining that the validity for the preliminary plan for The Glens expired on July 1, 2008, and therefore be and it hereby is affirmed.

Planning and Zoning; Appeal the Director of Planning and Zoning Decision Regarding Subdivision Vesting Status for the Glens – Drainfields. Mr. Sterling motioned, seconded by Mr. Crisp, to delete this item from the agenda.

The Voting Board tally was:
Yea: (7) Milde, Schwartz, Sterling, Woodson, Brito, Crisp, Dudenhefer
Nay: (0)

Planning and Zoning; Appeal the Director of Planning and Zoning Decision Regarding Subdivision Vesting Status for Hills of Aquia. Mr. Jeff Harvey, Director of Planning and Zoning, gave a presentation and responded to Board members questions.

Mr. Milde motioned, seconded by Mr. Crisp, to adopt proposed Resolution R08-221.

The Voting Board tally was:
Yea: (7) Schwartz, Sterling, Woodson, Brito, Crisp, Dudenhefer, Milde
Nay: (0)

Resolution R08-221 reads as follows:

A RESOLUTION TO AFFIRM A DECISION BY THE DIRECTOR OF PLANNING AND ZONING REGARDING THE PRELIMINARY PLAN STATUS OF THE HILLS OF AQUIA, AQUIA ELECTION DISTRICT

WHEREAS, a preliminary subdivision plan for the Hills of Aquia was approved by the Planning Commission on August 27, 2003; and

WHEREAS, Sections 15.2-2241(5) and 15.2-2260(f) and (g) of the Code of Virginia (1950), as amended, and Stafford County Code, Section 22-6 address the validity of preliminary subdivision plans; and

WHEREAS, the Director of Planning and Zoning has determined that the validity for the preliminary subdivision plan for Hills of Aquia expired on August 26, 2008; and

WHEREAS, the applicant has appealed the decision of the Director of Planning and Zoning pursuant to Section 22-6 of the Stafford County Subdivision Ordinance; and

WHEREAS, the Board has determined that the decision by the Director of Planning and Zoning is appropriate;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 16th day of September, 2008, that the decision of the Director of Planning and Zoning determining that the validity for the preliminary plan for Hills of Aquia expired on August 26, 2008, be and it hereby is affirmed.

Legislative; Discuss New Water Rates. Mr. Milde commented.

Mr. Sterling motioned, seconded by Mr. Crisp, to refer this issue back to the Utilities Commission for review and a public hearing if required.

The Voting Board tally was:
Yea: (7) Sterling, Woodson, Brito, Crisp, Dudenhefer, Milde, Schwartz
Nay: (0)

Legislative; Discuss Capital Improvement Program and Status of Current Capital Projects. Mr. Sterling commented.

Mr. Sterling motioned, seconded by Mr. Dudenhefer, to delete the following items from the CIP: Tignor Building and the Indoor Recreation Center.

Discussion ensued.

Mr. Woodson made a substitute motion to request staff bring this back to the Board in November timeframe with adjustments in accordance with the Affordability Guidelines.

The motion died for lack of a second to the motion.

The Voting Board tally on the original motion was:
Yea: (7) Woodson, Brito, Crisp, Dudenhefer, Milde, Schwartz, Sterling
Nay: (0)

Mr. Brito motioned, seconded by Mr. Sterling, to remove from the CIP the Animal Shelter, Airport Fire Station #13, and the Vulcan Proffers.

Discussion ensued.

Mr. Milde made a substitute motion, seconded by Mr. Schwartz, to remove from the CIP the Vulcan Proffers and the Airport Fire Station #13.

Discussion further ensued.

The Voting Board tally on the substitute motion was:
Yea: (2) Milde, Schwartz
Nay: (5) Woodson, Brito, Crisp, Dudenhefer, Sterling

The Voting Board tally on the original motion was:
Yea: (6) Crisp, Dudenhefer, Schwartz, Sterling, Woodson, Brito
Nay: (1) Milde

Discussion ensued.

Mr. Milde motioned, seconded by Mr. Dudenhefer, to move the Fire Station #14 to the right on the CIP.

The Voting Board tally was:
Yea: (6) Crisp, Dudenhefer, Milde, Schwartz, Woodson, Brito
Nay: (1) Sterling

Discussion ensued.

Mr. Dudenhefer motioned, seconded by Mr. Sterling, that the library be pushed off until this time next year so that we can look at the scale and design that has been proposed and evaluate the economic conditions at this time next year.

Discussion ensued.

The Voting Board tally was:
Yea: (3) Sterling, Dudenhefer, Milde
Nay: (4) Brito, Crisp, Schwartz, Woodson

Mr. Milde motioned, seconded by Mr. Dudenhefer, to remove the Patawomeck Phase 2 from the CIP.

The Voting Board tally was:
Yea: (5) Sterling, Woodson, Crisp, Dudenhefer, Milde, Schwartz
Nay: (2) Brito, Woodson

Discussion ensued.

Mr. Schwartz motioned, seconded by Mr. Milde, to remove the Gymnastics Center from the CIP.

The Voting Board tally was:
Yea: (7) Woodson, Brito, Crisp, Dudenhefer, Milde, Schwartz, Sterling
Nay: (0)

Legislative; Discuss Business, Professional and Occupational License Tax (BPOL) Revenue Allocation. Mr. Woodson commented.

Mr. Woodson motioned, seconded by Mr. Crisp, to adopt proposed Resolution R08-460.

Discussion ensued.

Mr. Sterling made a substitute motion, seconded by Mr. Dudenhefer, to defer this item to December, 2008.

Discussion further ensued.

Mr. Milde made a second substitute motion, seconded by Mr. Sterling, to defer this item to the first meeting in January, 2010.

Discussion continued.

The Voting Board tally on the second substitute motion was:
Yea: (2) Milde, Sterling
Nay: (5) Dudenhefer, Schwartz, Woodson, Brito, Crisp

The Voting Board tally on the original substitute motion was:
Yea: (4) Dudenhefer, Milde, Sterling, Brito
Nay: (3) Crisp, Schwartz, Woodson

Legislative; Discuss Personal Property Tax on Aircraft. Mr. Schwartz commented.

Mr. Milde motioned, seconded by Mr. Dudenhefer, to adopt proposed Resolution R08-465.

Discussion ensued.

Mr. Sterling made a substitute motion, seconded by Mr. Brito, to defer this item to the budget process.

Mr. Milde motioned to send to public hearing in April, 2009.

The motion failed for lack of a second to the motion.

Mr. Dudenhefer made a second substitute motion, seconded by Mr. Sterling, to discuss this item during the budget process in October, 2008.

The Voting Board tally on the second substitute motion was:
Yea: (6) Woodson, Crisp, Dudenhefer, Milde, Schwartz, Sterling
Nay: (1) Brito

Legislative; Discuss Conversion of Part Time Position to Full Time in the Office of the Registrar. Ms. Sharon Persinger, Registrar, gave a presentation and responded to Board members questions.

Mr. Milde motioned, seconded by Mr. Crisp, to approve the request for the conversion of a part time position to full time in the Office of the Registrar.

The Voting Board tally was:
Yea: (7) Brito, Crisp, Dudenhefer, Milde, Schwartz, Sterling, Woodson
Nay: (0)

Legislative; Discuss Authority for Acceptance/Purchase/Sale/ Transfer of County-Owned Real Estate. Mr. Brito motioned, seconded by Mr. Crisp, to request staff further review, provide adequate language and bring back to the next Board meeting.

The Voting Board tally was:
Yea: (7) Crisp, Dudenhefer, Milde, Schwartz, Sterling, Woodson, Brito
Nay: (0)

Legislative; Discuss VTS Audio/Video Contract. Mr. Schwartz commented.

Mr. Crisp motioned, seconded by Mr. Sterling, that the consensus of the Board must be given prior to any use of VTS video broadcasting services other than those provided in the contract.

The Voting Board tally was:
Yea: (7) Dudenhefer, Milde, Schwartz, Sterling, Woodson, Brito, Crisp
Nay: (0)

Legislative; Discuss Funding for the Senior Meals Program. Mr. Brito commented.

Mr. Brito motioned, seconded by Mr. Milde, to fund the senior meals program by budgeting $5,000 from the Board of Supervisors budget.

Discussion ensued.

The Voting Board tally was:
Yea: (7) Milde, Schwartz, Sterling, Woodson, Brito, Crisp, Dudenhefer
Nay: (0)

Adjournment. At 12:05 P. M. the Chairman declared the meeting adjourned.

______________________________ ______________________________
Anthony J. Romanello, ICMA-CM George H. Schwartz
County Administrator Chairman