BOARD OF SUPERVISORS
COUNTY OF STAFFORD
STAFFORD, VIRGINIA
MINUTES
Regular Meeting
November 17, 2009
Call to Order. A regular meeting of the Stafford County Board of Supervisors was called to order by George H. Schwartz, Chairman, at 1:05 P. M., Tuesday, November 17, 2009, in the Board Chambers, Stafford County Administration Center.
Roll Call. The following members were present: George H. Schwartz, Chairman; Harry E. Crisp II, Vice Chairman; M. S. “Joe” Brito; Mark Dudenhefer; Cord A. Sterling; and Robert “Bob” Woodson. Paul V. Milde III arrived at 1:07 p.m.
Also in attendance were: Anthony Romanello, County Administrator; Joe Howard, County Attorney; Marcia Hollenberger, Chief Deputy Clerk; Pamela Timmons, Deputy Clerk; associated staff and interested parties.
Presentation on Sales and Use Tax Revenue Distribution and Zip Code Boundary Realignment Process. Mr. David Gayle, Assistant Director of Legislative Affairs introduced Mr. Allie Page, United States Postal Service - Richmond District; and Mr. Jay Doshi, Virginia Department of Taxation. Mr. Page and Mr. Doshi gave presentations and answered Board members questions.
Mr. Dudenhefer requested that Mr. Romanello schedule a meeting with the Postmaster to discuss safety concerns and the parking situation at the Garrisonville Post Office.
Mr. Milde motioned, seconded by Mr. Sterling to request that the Postal Service review a zip code boundary adjustment for Stafford County residents with a Fredericksburg address.
The Voting Board tally was:
Yea: (7) Milde, Sterling, Brito, Crisp, Dudenhefer, Schwartz, Woodson
Nay: (0)
Legislative; Presentations by the Public. The following persons spoke on topics as identified:
Scott Hirons - Stafford Baseball League
David Bearon - Stafford Baseball League
Robert Dreistadt - Stafford Baseball League
Stephanie Pettengill - Stafford Baseball League
Heather Stefl - Safe Routes to School
Dana Brown - Safe Routes to School
Legislative; Report of the Superintendent of Schools. Dr. Sawyer deferred to Mr. Scott Horan, Stafford County Schools Chief Facilities Officer, who gave a presentation on Safe Routes to School, and responded to Board members questions.
Mr. Milde requested that the Schools look at the Perry Farms subdivision and Anne E. Moncure Elementary School for walking options.
Legislative; Presentations and Committee Reports by Board Members. Board members spoke on topics as identified:
Mr. Sterling - Deferred
Mr. Woodson - Schools Strategic Planning Session
- Panel with Fredericksburg and Stafford Leaders on helping the President
- DSS Advisory Board meeting
- Eagle Scout Ceremony
Mr. Brito - Attended 19 meetings
- Eagle Scout Ceremony
- Ribbon Cutting at Route 17 Wal-Mart
Mr. Crisp - Spoke on fiber optic cable in Schools and provided
a hand-out on the project. Mr. Crisp would like the
County to consider linking to the fiber optic network in the future.
Mr. Dudenhefer - Spoke on the Parks and Recreation Bond and the agreement between the County and the Stafford Baseball League (SBL).
Mr. Milde - Campaign review
- PRTC/VRE - Spotsylvania County election results and their deferred membership
Mr. Schwartz - Deferred to County Attorney, Mr. Joe Howard
Legislative Report of the County Attorney Mr. Joe Howard, County Attorney added a personnel matter to the Closed Meeting Agenda.
Legislative Report of the County Administrator Mr. Anthony J. Romanello, County Administrator, commented on the following:
- On Site Magazines that were delivered to each Board member with an article that focuses on Stafford County.
- Introduced Bethany Miller, Business Retention and Expansion Manager in Economic Development.
- County has been awarded approximately $100,000 for inauguration expenses.
- Item 11 was pulled from the Consent Agenda.
Legislative; Additions and Deletions to the Regular Agenda Mr. Sterling motioned, seconded by Mr. Milde to add the personnel matter to the Closed Meeting agenda.
The Voting Board tally was:
Yea: (7) Sterling, Milde, Brito, Crisp, Dudenhefer, Schwartz, Woodson
Nay: (0)
Legislative; Consent Agenda; Mr. Sterling motioned, seconded by Mr. Dudenhefer to approve the Consent Agenda consisting of Items 2 through 21, removing Items 2, 8 and 21.
The Voting Board tally was:
Yea: (7) Sterling, Dudenhefer, Woodson, Brito, Crisp, Milde, Schwartz
Nay: (0)
Item 3. Finance and Budget; Approve Expenditure Listing.
Resolution R09-388 reads as follows:
A RESOLUTION TO APPROVE EXPENDITURE LISTING (EL) DATED
OCTOBER 20, 2009 THROUGH NOVEMBER 16, 2009
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 17th day of November 2009, that the above-mentioned EL be and it hereby is approved.
Item 4. Legislative; Approve Correction to the June 16, 2009 Board of Supervisors Meeting Minutes
Item 5. Utilities; Authorize a Public Hearing to Vacate a Sanitary Easement on Parcels 29-72 and 29-53
Resolution R09-383 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO ADVERTISE A PUBLIC HEARING TO DISCUSS VACATING A SANITARY SEWER EASEMENT ON PARCEL 29-72 AND 29-53
WHEREAS, the Board has authority to approve the vacation of public easements within Stafford County; and
WHEREAS, the owner of Parcels 29-72 and 29-53 desires the easement for a sanitary sewer be vacated in the manner shown; and
WHEREAS, the easement is no longer needed;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of November 2009, that the County Administrator be and he hereby is authorized to advertise for a public hearing to be held on December 15, 2009 for the purpose of vacating a sanitary sewer easement.
Item 6. Public Information; Approve Proclamation to Commemorate Posthumously Shirley C. Heim for Her Contributions to Stafford County
Proclamation P09-23 reads as follows:
A PROCLAMATION TO COMMEMORATE POSTHUMOUSLY SHIRLEY
HEIM FOR HER SERVICE TO THE CITIZENS OF STAFFORD COUNTY
WHEREAS, Shirley C. Heim lost her courageous battle with cancer on October 7, 2009, following a life joyfully committed to educating Stafford’s children and offering her time and energy serving on countless boards and committees to ensure that Stafford is one of the best communities for families to live, work and play; and
WHEREAS, Shirley Heim graduated from Mary Washington College and earned a Master of Arts in Administration from the University of Virginia, dedicating herself to a career spanning 36 years as director of the Head Start program, founder and first director of the Governor’s School for the Gifted at Mary Washington College, a leading proponent of the introduction of technology in the schools, and assistant superintendent of finance and technology; and
WHEREAS, Shirley Heim served on nine working groups including the Moss Free Clinic, Stafford Education Foundation, Olde Forge Junction, Inc., and the Stafford Rotary Club through which she established Interact Clubs at local high schools, Rotaract Clubs at three local colleges, and essay and speech contests throughout the Stafford school system; and
WHEREAS, Shirley Heim enjoyed her life to the fullest, founding the Good Time Cloggers, an Appalachian dance team that entertained audiences all over the East Coast; visiting nursing home residents; helping with the annual Duck Race to raise money for local charities; and providing every third-grade student in Stafford with a dictionary; and
WHEREAS, the naming of Shirley C. Heim Middle School and the Rotary Club’s Shirley C. Heim Memorial Scholarship will forever be a testament to her life of service; and
WHEREAS, the Board desires to bring to the attention of citizens everywhere the competence, dedication, boundless energy and enthusiasm with which Shirley C. Heim served the citizens of Stafford, and to extend its heartfelt condolences to her husband, Philip, and Aileen, her daughter, as well as to her brothers and their families;
NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 17th day of November, 2009, that Shirley C. Heim be and she hereby is commemorated posthumously for making a difference in the lives of countless children and adults in Stafford County.
Item 7. Legislative; Approve Reappointment of Norman Schools to the Architectural Review Board
Item 9. Public Works; Consider Installation of a Multi-Way Stop at the Intersection of Tamerlane Drive and Bloomington Lane in Stonebridge at Widewater Subdivision
Resolution R09-338 reads as follows:
A RESOLUTION TO INSTALL A MULTI-WAY-STOP AT THE INTERSECTION OF TAMERLANE DRIVE (SR-1784) AND BLOOMINGTON LANE (SR-1785) IN STONEBRIDGE AT WIDEWATER SUBDIVISION
WHEREAS, the Board is concerned with transportation safety on residential streets; and
WHEREAS, the Stonebridge at Widewater Homeowner’s Association has requested the installation of additional stop signs at the intersection of Tamerlane Drive and Bloomington Lane; 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 17th day of November 2009, that the Board be and it hereby does approve the installation of a Multi-Way-Stop condition along Tamerlane Drive (SR-1784) at the intersection of Bloomington Lane (SR-1785) in the Stonebridge at Widewater Subdivision; and
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the VDOT Residency Administrator.
Item 10. Public Works; Consider Installation of a Multi-Way Stop at the Intersection of Settlers Way and Burns Road in Settlers Landing Subdivision
Resolution R09-340 reads as follows:
A RESOLUTION TO INSTALL A MULTI-WAY-STOP AT THE INTERSECTION OF SETTLERS WAY (SR-1460) AND BURNS
ROAD (SR-1464) 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 Burns 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 17th day of November 2009, 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 Burns Road (SR-1464) in Settlers Landing Subdivision; and
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the VDOT Residency Administrator.
Item 12. Utilities; Execute an Agreement with the Virginia Department of Transportation for Adjustment of Water and Sewer Facilities
Resolution R09-384 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO EXECUTE AN AGREEMENT WITH THE VIRGINIA DEPARTMENT
OF TRANSPORTATION GOVERNING RELOCATION OF WATER
AND SEWER UTILITIES ON GARRISONVILLE ROAD (SR-610)
WHEREAS, the Virginia Department of Transportation (VDOT) will construct improvements on Garrisonville Road (SR-610); and
WHEREAS, certain water and sanitary sewer adjustments are necessary for the project; and
WHEREAS, the County desires the construction of certain improvements to the water and sewer facilities which are considered betterments, estimated at $12,600 or 4% of the total project; and
WHEREAS, it is necessary for VDOT and the County to enter into an agreement regarding the water and sanitary sewer facilities adjustments;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of November, 2009, that the County Administrator be and he hereby is authorized to execute an agreement with the Virginia Department of Transportation for the adjustment of water and sanitary sewer facilities in an amount not to exceed 4% of the actual bid price for the adjustment of water and sanitary sewer facilities.
Item 13. Utilities; Award Contracts for Administrative, Engineering, Construction Management and Quality Assurance for Rocky Pen Run Reservoir Project
Resolution R09-393 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO EXECUTE CONTRACTS TO PROVIDE ENGINEERING AND CONSTRUCTION SERVICES FOR PREPARATION AND CONSTRUCTION OF ROCKY PEN RUN RESERVOIR DAM FOUNDATION
WHEREAS, the Board authorized a contract for the construction of the foundation preparation of the Rocky Pen Run Reservoir Dam; and
WHEREAS, the URS Corporation, the engineering firm contracted to provide design services for the Rocky Pen Run Reservoir has proposed to provide engineering services during construction for the Rocky Pen Run Reservoir Dam Foundation Preparation in the amount of $319,888; and
WHEREAS, Schnabel Engineering, the firm selected to perform field engineering, construction monitoring and administration, and management for the Rocky Pen Run Reservoir Dam Foundation Preparation has proposed these services in the amount of $1,400,000; and
WHEREAS, staff has reviewed these proposals and determined that they are reasonable for the scope of services proposed; and
WHEREAS, sufficient funds are budgeted in the project account for these services;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of November, 2009, that the County Administrator be and he hereby is authorized to execute a contract with URS Corporation in an amount not to exceed Three Hundred Nineteen Thousand Eight Hundred Eighty-eight Dollars ($319,888) for engineering services and to execute a contract with Schnabel Engineering in an amount not to exceed One Million Four Hundred Thousand Dollars ($1,400,000) for administrative, engineering and construction services for the Rocky Pen Run Reservoir Dam.
Item 14. Public Works; Consider Two “Watch for Children” Signs on Summerwood Drive
Resolution R09-396 reads as follows:
A RESOLUTION TO INSTALL TWO (2) WATCH FOR CHILDREN SIGNS ON SUMMERWOOD DRIVE (SR-779) IN SUMMERWOOD SUBDIVISION
WHEREAS, the Board is concerned with transportation safety on residential streets; and
WHEREAS, the Board adopted the Residential Traffic Management Plan (RTMP) on February 19, 2008 to provide Stafford County citizens with various programs to address their traffic related concerns; and
WHEREAS, residents of Summerwood Subdivision have requested the installation of two (2) Watch for Children signs along Summerwood Drive; and
WHEREAS, the proposed location meets most of the required criteria for installation, based on the current Residential Transportation Management Plan, Watch for Children Sign Program;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of November 2009, that the Board be and it hereby does approve the installation of two (2) Watch for Children signs along Summerwood Drive (SR-779); and
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the VDOT Residency Administrator.
Item 15. Planning and Zoning; Endorse Application to Virginia Department of Transportation for Urban Development Areas (UDA) Planning Grant
Resolution R09-397 reads as follows:
A RESOLUTION TO ENDORSE AN APPLICATION TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR AN URBAN DEVELOPMENT AREA PLANNING GRANT
WHEREAS, the General Assembly added Section 15.2-2223.1 to the Code of Virginia requiring high growth localities to designate Urban Development Areas (UDAs) in their comprehensive plans by 2011; and
WHEREAS, UDAs are areas of compact development that can accommodate 10 to 20 years of projected growth and incorporate principles of new urbanism and traditional neighborhood design; and
WHEREAS, Stafford County has been designated as a high growth locality and must incorporate UDAs in the Comprehensive Plan by 2011; and
WHEREAS, VDOT is offering a grant program which provides on-call consultant services to local governments; and
WHEREAS, the Board desires for the County to utilize these services and submit an application for the maximum amount of $300,000 in services;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of November, 2009, that the application to Virginia Department of Transportation for consultant services up to $300,000 to assist with establishment of Urban Development Areas be and it hereby is endorsed.
Item 16. Utilities; Authorize the County Administrator to Convey an Easement to Verizon and Comcast on Parcel 45-14F Located at 806 Lyons Boulevard
Resolution R09-398 reads as follows:
A RESOLUTION to authorize the county administrator
to convey an easement to Verizon Virginia, Inc. on
PARCEL 45-14f located at 806 lYONS bOULEVARD
WHEREAS, Verizon Virginia, Inc. (Verizon) has requested an easement on County-owned property located at 806 Lyons Boulevard; and
WHEREAS, this easement is necessary for Verizon to provide telephone service to the England Run Library;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of November, 2009, that the County Administrator be and he hereby is, authorized to execute the documents necessary to convey an easement to Verizon Virginia, Inc. on Parcel 45-14F.
Resolution R09-399 reads as follows:
A RESOLUTION to authorize the county administrator
to convey an easement to COMCAST OF CALIFORNIA/ MARYLAND/PENNSYLVANIA/VIRGINIA/WEST VIRGINIA, LLC
on PARCEL 45-14f located at 806 lYONS bOULEVARD
WHEREAS, Comcast of California/Maryland/Pennsylvania/Virginia/West Virginia, LLC (Comcast) has requested an easement on County-owned property located at 806 Lyons Boulevard; and
WHEREAS, this easement is necessary for Comcast to provide cable service to the England Run Library;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of November, 2009, that the County Administrator be and he hereby is, authorized to execute the documents necessary to convey an easement to Comcast of California/Maryland/Pennsylvania/Virginia/West Virginia, LLC on Parcel 45-14F.
Item 17. Utilities; Award Contract for the Installation of Water Line and Water Services for the Roseville Plantation Water Project
Resolution R09-402 reads as follows:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO AWARD A CONTRACT FOR ROSEVILLE PLANTATION LARGE WATER PROJECT
WHEREAS, the Board authorized the design and advertisement of the Roseville Plantation Large Water Extension Project to relieve residents from failing water wells; and
WHEREAS, the project was advertised for public bid; and
WHEREAS, the lowest responsive and responsible bid was submitted by Collins Contracting Company, Inc. in the amount of $669,000 for the base bid;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of November, 2009, that the County Administrator be and he hereby is authorized to execute a contract with Collins Contracting Company, Inc. in an amount not to exceed Six Hundred Sixty-nine Thousand Dollars ($669,000) for the installation of water lines and water service lines for Roseville Plantation as shown on the construction plans.
Item 18. Sheriff; Budget and Appropriate Grant Funds Received from the Division of Motor Vehicles
Resolution R09-400 reads as follows:
A RESOLUTION TO BUDGET AND APPROPRIATE DEPARTMENT OF MOTOR VEHICLES GRANT FUNDS TO THE SHERIFF’S BUDGET FOR THE STAFFORD COUNTY ENHANCED TRAFFIC SAFETY EFFORT to facilitate public safety ON COUNTY ROADS
WHEREAS, the Sheriff’s Office has recently been awarded funds for overtime for our deputies to participate in the Click It or Ticket Mobilization, Over the Limit Under Arrest and Checkpoint Strike Force Campaigns; and
WHEREAS, the Grant will pay for travel expenses for attendance at the DUI and ACTS Conferences; and
WHEREAS, the Grant will finance the purchase of radar equipment for the Sheriff’s Office; and
WHEREAS, the Sheriff’s Office must provide an in-kind match of fuel and maintenance for County patrol vehicles;
NOW, THEREFORE, BE IT RESOLVED that by the Stafford County Board of Supervisors on this the 17th day of November, 2009, that Sixty-eight Thousand Two Hundred Dollars ($68,200) be and it hereby is budgeted and appropriated to the Sheriff’s Office Budget.
Item 19. Sheriff; Authorize Lease Agreement with Centennial Broadcast for Public Safety Radio Communication System
Resolution R09-403 reads as follows:
A RESOLUTION TO Authorize THE County Administrator
to enter into a lease agreement with CENTENNIAL BROADCASTING II, LLC and/or owner to facilitate public safety RADIO COMMUNICATIONS SYSTEM
WHEREAS, Stafford County is in the implementation and construction phase of its public safety radio communications system as authorized by Resolution R07-487 and subsequent contract between Motorola and the County of Stafford dated December 6, 2007; and
WHEREAS, as part of this public safety radio communications system, the need exists to co-locate its infrastructure on existing ‘approved for construction’ or existing towers throughout the County; and
WHEREAS, Stafford County has negotiated a lease agreement with Centennial Broadcasting II, LLC to co-locate its public safety radio system infrastructure utilizing identified space on its tower and on the ground in and around the tower located at 200 Rabbit Road, Stafford County, VA.;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of November, 2009, that it be and hereby does authorize the County Administrator to enter into a lease agreement with Centennial Broadcasting II, LLC, and/or owner to facilitate the public safety radio communications installation.
Item 20. Finance and Budget; Budget and Appropriate Tourism Prior Year Fund Balance
Resolution R09-404 reads as follows:
A RESOLUTION TO BUDGET AND APPROPRIATE TOURISM FUNDS
WHEREAS, the Board of Supervisors approved the awarding of a contact to construct the Government Island Historic Trail; and
WHEREAS, these funds must be appropriated from prior year fund balance; and
WHEREAS, sufficient funds are available for appropriation;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of November, 2009, that Six Hundred Twenty-one Thousand Six Hundred Dollars ($621,600) be budgeted and appropriated to the Tourism Fund for FY 2010.
Legislative; Approve Minutes of October 20, 2009 Board Meeting. Mr. Woodson motioned, seconded by Mr. Milde to change an error on Page 21, stated as “6” votes to be changed to “7”.
The Voting Board Tally was:
Yea: (7) Woodson, Milde, Dudenhefer, Schwartz, Sterling, Brito, Crisp
Nay: (0)
Legislative; Nominate Patricia Kurpiel for Appointment to the FAMPO Transportation Advisory Group (TAG). Mr. Dudenhefer motioned, seconded by Mr. Crisp to defer this item until after FAMPO reviews the functions and mission of TAG.
The Voting Board Tally was:
Yea: (6) Dudenhefer, Crisp, Milde, Schwartz, Sterling, Brito
Nay: (1) Woodson
Public Works; Express Support for the Safe Routes to Schools Grant Application.
Mr. Schwartz asked for assurance that no bus routes will be pulled if the Board desires to express support for this item. Mr. Scott Horan, Stafford County Schools Chief Facilities Officer, assured the Board that no bus routes will be pulled.
Mr. Schwartz motioned, seconded by Mr. Dudenhefer to adopt proposed Resolution R09-405.
The Voting Board Tally was:
Yea: (7) Schwartz, Dudenhefer, Woodson, Milde, Sterling, Brito, Crisp
Nay: (0)
Recess. At 3:01 P. M., the Chairman declared a recess.
Call to Order. At 3:17 P.M., the Chairman called the meeting back to order.
Economic Development; Wayfinding Signage. Ms. M.C. Moncure, Tourism Manager gave a presentation and answered Board members questions. Ms. Sandy Hanger, Senior Graphics Designer with Frazier Associates, continued with the presentation and answered Board members questions.
Mr. Woodson inquired as to the approximate cost of this venture and asked if there were any identified funding sources.
Ms. Moncure said that past projects in other jurisdictions have incurred costs of approximately $700,000 and at the present time there were no specified funding sources.
Mr. Tim Baroody, Deputy County Administrator/Director of Economic Development addressed the Board to discuss the advantage of a Wayfinding Signage program. Staff feels that signage in the County will result in a payback, but the exact amount would be hard to quantify.
Mr. Sterling commented that he would be hesitant to commit any funds that would come from the General Fund, or any Transportation or Parks and Recreation funds. He recommended that staff pursue grant funding or wait for a much better economic climate.
Mr. Milde motioned, seconded by Mr. Schwartz to adopt proposed Resolution R09-401.
The Voting Board Tally was:
Yea: (7) Milde, Schwartz, Dudenhefer, Woodson, Sterling, Brito, Crisp
Nay: (0)
Legislative; Discuss Commonwealth Attorney’s Office Space. Ms. Tammi Ellis, Executive Director of Organizational Development gave a presentation and answered Board members questions.
Mr. Dan Chichester, Commonwealth Attorney, spoke on the needs of his office and answered Board members questions.
Mr. Dudenhefer asked what the estimated cost was for this project and the time frame involved. Ms. Ellis responded that just the interior redesign would cost approximately $1.4m. The cost is approximately $2.2m if exterior renovations were included. This project would take approximately 18 months to complete.
Discuss Courts Planning Committee Report. Mr. Alan Gayle, Co-Chairman of the Committee, gave a presentation and answered Board members questions.
Judge Martin Bass spoke on the needs of the Courts and answered Board members questions.
Discussion ensued
Mr. Milde motioned, seconded by Mr. Schwartz to go forward with Plan A, have staff initiate procurement for the renovation of the existing courthouse.
Mr Dudenhefer made a substitute motion, seconded by Mr. Woodson, to defer this item until the February 2, 2010 meeting.
The Voting Board Tally was:
Yea: (4) Dudenhefer, Woodson, Sterling, Brito
Nay: (3) Milde, Schwartz, Crisp
Finance and Budget; Capital Improvement Plan.
Mr. Crisp motioned, seconded by Mr. Woodson, to defer this item to the January 19, 2010 meeting.
Mr. Sterling noticed a discrepancy with the Summary Report and the Schools section. He also asked for a clarification in the Transportation Fund on projects.
Mr. Schwartz wanted revenue sources for the debt service highlighted.
Ms. Nancy Collins, Budget Division Director, assured the Board that the requested changes would be made.
Mr. Brito commented that he did not agree with deferring the Parks and Recreation Bond portion and would also like to see the Animal Shelter included.
The Voting Board Tally on the substitute motion was:
Yea: (5) Crisp, Woodson, Dudenhefer, Sterling, Schwartz
Nay: (2) Milde, Brito
Parks, Recreation, and Community Facilities; Execute an Agreement to Operate the Youth Baseball Plan. Mr. Chris Hoppe, Director of Parks, Recreation and Community Facilities gave a presentation and answered Board members questions.
Mr. Dudenhefer motioned, seconded by Mr. Woodson, to defer this item until December 1st to enable staff, SBL members, and possibly a member of the Board to meet for further discussion.
The Voting Board Tally was:
Yea: (7) Dudenhefer, Woodson, Schwartz, Milde, Sterling, Brito, Crisp
Nay: (0)
Legislative; Discuss Stafford County’s Census 2010 Efforts. Hearing no objections from the Board, the Chairman deferred this item to the December 1st meeting.
Discuss Agenda Add-ons. Mr. Brito commented that staff should add items from the Add-on list to the Agenda on the County’s website so that citizens may reference all issues that were discussed at Board meetings.
Mr. Brito motioned, seconded by Mr. Milde for add-ons to be inserted in the on-line agenda within 24 hours of the conclusion of the meeting.
The Voting Board Tally was:
Yea: (6) Brito, Milde, Schwartz, Sterling, Crisp
Nay: (0)
Absent: (1) Dudenhefer
Discuss Radio Communications System Financing. Mr. Brito commented that future borrowing on the radio communications system was not clear in the CIP. He would like clarification on what happened to the interest earnings from the 2006 Public Safety Building and the 2008 Lease Revenue Bonds. He would like to have an accounting of all expenditures from the bonds and the interest revenue, and dedicate any money so borrowing would be limited on the radio communications system.
Mr. Brito also asked that the $2.1M be addressed from June 15th meeting. Ms. Maria Perrotte, Chief Financial Officer, responded that the interest was transferred to the Fund Balance. The interest on the Parks Bond was reserved for future capital projects. The remainder of interest remains unspent in the Fund Balance. Not designating that interest enabled the County to meet the 10% ratio for 2009.
Utilities; Amend and Readopt Fees for Providing Public Water and Sewer Service. Mr. Crisp motioned, seconded by Mr. Woodson to defer this item until 2010.
The Voting Board Tally was:
Yea: (4) Crisp, Woodson, Dudenhefer, Sterling,
Nay: (3) Schwartz, Milde, Brito
Legislative; Closed Meeting. At 5:27 p.m., Mr. Dudenhefer motioned, seconded by Mr. Crisp to adopt proposed Resolution CM09-18.
The Voting Board tally was:
Yea: (6) Dudenhefer, Crisp, Brito, Milde, Schwartz, Woodson
Nay: (0)
Absent: (1) Sterling
Resolution CM09-18 reads as follows:
A RESOLUTION TO AUTHORIZE CLOSED MEETING
WHEREAS, the Stafford County Board of Supervisors desires to consult with counsel and discuss in Closed Meeting legal advice regarding (1) a Real Property Acquisition for Public Purpose, Rescue 1 Property Contract Negotiations; (2) Settlement of a Claim against the County by James Croffie regarding Sheriff’s Dept. Traffic Accident; (3) BZA Appeals Cases regarding DGF Land Company/Norman Road Issues and Seven Lakes HOA/Christy Farms Subdivision Issues; (4) a Potential Business or Industry Prospect Where No Public Announcement Has Been Made; (5) a Public/Private Transportation Act Submission regarding Unsolicited Proposal for County Road Bond Projects; and (6) a Personnel Matter regarding County Attorney; and
WHEREAS, pursuant to Section 2.2-3711 A.1, A.3, A.5, A.7, and A.28, Va. Code Ann., such discussions may occur in Closed Meeting;
NOW, THEREFORE, BE IT RESOLVED that the Stafford County Board of Supervisors on this the 17th day of November, 2009, does hereby authorize discussions of the aforestated matters in Closed Meeting.
Call to Order. At 6:21 p.m., the Chairman called the meeting back to order.
Legislative; Closed Meeting Certification. Mr. Woodson motioned, seconded by Mr. Dudenhefer to adopt proposed Resolution CM09-18a.
The Voting Board tally was:
Yea: (7) Woodson, Dudenhefer, Crisp, Milde, Sterling, Schwartz, Brito
Nay: (0)
Resolution CM09-18a reads as follows:
A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD COUNTY BOARD OF SUPERVISORS IN A CLOSED MEETING ON NOVEMBER 17, 2009
WHEREAS, the Board has, on this the 17th day of November, 2009, 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 17th day of November, 2009, that to the best of each member's knowledge: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act were discussed in the Closed Meeting to which this certification applies; and (2) only such public business matters as were identified in the Motion by which the said Closed Meeting was convened were heard, discussed, or considered by the Board. No member dissents from the aforesaid certification.
Mr. Dudenhefer motioned, seconded by Mr. Woodson, to adopt proposed Resolution R09-392.
The Voting Board tally was:
Yea: (7) Dudenhefer, Woodson, Crisp, Milde, Sterling, Schwartz, Brito
Nay: (0)
Resolution R09-392 reads as follows:
A RESOLUTION TO AUTHORIZE A SETTLEMENT BETWEEN JAMES CROFFIE AND STAFFORD COUNTY DUE TO A VEHICLE ACCIDENT ON SEPTEMBER 2, 2008
WHEREAS, on September 2, 2008, a Stafford County Sheriff Deputy was involved in a vehicle accident with James Croffie; and
WHEREAS, the Deputy’s 2008 Ford Crown Victoria Police Interceptor rear-ended Mr. Croffie’s 2004 Toyota Tacoma; and
WHEREAS, both vehicles were determined to be total losses; and
WHEREAS, Mr. Croffie sustained neck and left shoulder injuries, along with back pain, and was transported to the Mary Washington Hospital Emergency Room; and
WHEREAS, Mr. Croffie’s medical costs were approximately $22,366 after his treatments ended in June 2009; and
WHEREAS, Mr. Croffie has agreed to settle this claim for $45,000, which the County’s insurance carrier, VACo, has concluded this is a reasonable settlement of the personal injury and property damage claims; and
WHEREAS, on November 17, 2009, in Closed Meeting, the settlement offer was presented to the Board, and Counsel for the County recommended that approval of the settlement agreement was in the best interests of the County; and
WHEREAS, the Board desires to approve the settlement offer resolving all claims and disputes related to the September 2, 2008 accident between James Croffie and a Stafford County Deputy, and authorize the County Administrator and County Attorney to finalize the settlement for $45,000;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of November, 2009, that it be and hereby does authorize the payment of Forty-five Thousand Dollars ($45,000) to James Croffie to settle all outstanding claims related to this matter; and
BE IT FURTHER RESOLVED by the Board that the funds to pay this settlement are hereby budgeted and appropriated from the prior year fund balance in the amount of Forty-five Thousand Dollars ($45,000); and
BE IT STILL FURTHER RESOLVED that the Board does hereby authorize the County Attorney and County Administrator to execute such documents as are necessary to finalize the settlement of this claim on behalf of Stafford County.
Mr. Woodson motioned, seconded by Mr. Crisp to adopt proposed Resolution R09-409.
The Voting Board tally was:
Yea: (4) Woodson, Crisp, Schwartz, Brito
Nay: (3) Dudenhefer, Milde, Sterling
Resolution R09-409 reads as follows:
A RESOLUTION TO AUTHORIZE INTERVENTION IN BOARD OF ZONING APPEALS CASE; DGF LAND COMPANY/PICK A PART AUTO PARTS
WHEREAS, the Zoning Administrator determined that the crushing operation on the property of DGF Land Company known as the Pick A Part Auto Parts salvage yard is required to be conducted inside an enclosed structure; and
WHEREAS, the Board of Zoning Appeals (BZA) upheld the Zoning Administrator’s determination in this regard; and
WHEREAS, DGF Land Company has appealed the decision of the BZA to the Stafford County Circuit Court; and
WHEREAS, the Board desires to support the decision of the Zoning Administrator and BZA in Circuit Court;
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of November, 2009, that it be and hereby does authorize the County Attorney to file the necessary legal documents to intervene in the appeal of this case in Circuit Court, and to file such other legal documents as may be necessary to protect the interests of the County in this matter.
Mr. Brito motioned, seconded by Mr. Woodson to adopt proposed Resolution R09-410.
The Voting Board tally was:
Yea: (4) Brito, Woodson, Crisp, Schwartz
Nay: (3) Dudenhefer, Milde, Sterling
Resolution R09-410 reads as follows:
A RESOLUTION TO AUTHORIZE APPEAL OF BOARD OF ZONING APPEALS DECISION; SEVEN LAKES ESTATES/CHRISTY FARMS SUBDIVISION MATTER
WHEREAS, the Zoning Administrator determined that the Stafford County Zoning Ordinance does not contain any provisions that regulate the content of language placed on subdivision entrance signs requiring such signs to coincide with the language on the recorded subdivision plat; and
WHEREAS, the Seven Lakes Homeowners Association appealed the Zoning Administrator’s determination to the Board of Zoning Appeals (BZA); and
WHEREAS, the Seven Lakes Homeowners Association contends that the subdivision sign of an adjacent subdivision should coincide with the name shown on the recorded plat; and
WHEREAS, the BZA agreed with the Seven Lakes Homeowners Association and reversed the decision of the Zoning Administrator; and
WHEREAS, the Board desires to contest the decision made by the BZA; and
NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of November, 2009, that it be and hereby does authorize the County Attorney to appeal the decision of the BZA in the Seven Lakes Estates/Christy Farms Subdivision sign matter and to file such other legal documents as may be necessary to protect the interests of the County in this matter.
At 6:23 p.m., the Chairman declared the meeting adjourned.
Anthony J. Romanello, ICMA-CM George H. Schwartz
County Administrator Chairman