Action Report of the January 19, 2011 Board of Supervisors’ Business Meeting

Posted on January 21, 2011

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-             ADOPTION OF CONSENT AGENDA

Supervisor Kurtz moved that the Board of Supervisors approve the following items by consent:  #1, #4a, and #4b:   (Seconded by Supervisor Burton.  The motion passed  9-0.)

-             CLOSED SESSION

Vice Chairman Buckley moved that pursuant to Section 2.2-3711 of the Code of Virginia that the Loudoun County Board of Supervisors recess this public meeting and enter into closed session. The authority for this closed session is Section 2.2-3711(A), Subsection (3) and the purpose of the closed session is the acquisition of real property for public use where the discussion in open session would adversely affect the bargaining position or negotiating strategy of the Board.  The subject of the closed session is the acquisition of school sites in the Ashburn Area, the Dulles Area and Western Loudoun, and a site for the technology academy. (Seconded by Supervisor Miller. The motion passed 9-0.)

Vice Chairman Buckley moved that the Board of Supervisors adjourn the Closed Session and reconvene its public meeting and that the minutes of the public meeting should reflect that no formal action was taken in the closed session. (Seconded by Supervisor Waters. The motion passed 9-0.)

Vice Chairman Buckley moved that the Board of Supervisors approve the Resolution Certifying the Closed Session and reflected in the minutes of this public meeting. (Seconded by Supervisor Waters . The motion passed 9-0.)

Resolution Certifying Closed Session

WHEREAS, the Loudoun County Board of Supervisors, this 19th day

of January, 2011, reconvened in closed session by an affirmative vote

and in accordance with the provisions of the Virginia Freedom of Information Act:

Now, therefore, be it resolved that the Board of Supervisors does hereby certify

that to the best of each member’s knowledge, (1) only public business matters

lawfully exempted from open meeting requirements under the Freedom of Information Act

were discussed in the closed session to which this certification applies;

and (2) only such public business matters as were identified in the motion by which the said

closed session was convened were heard, discussed or considered by the Board of Supervisors.

-           Grant Perkins Site Purchase for ES-21

Supervisor Miller moved the Board of Supervisors approve Budget Adjustment #112039 which transfers $3,920,000 from the County Land Acquisition Fund to the School Capital Fund for the acquisition of land for Dulles South Elementary School (ES-21).  The source of funds for the acquisition is general obligation bond proceeds approved by the voters on the November 2007 referendum for the acquisition of an elementary school site. (Seconded by Supervisor Kurtz. The motion passed 9-0.)

1. ADMINISTRATIVE ITEMS REPORT/JANUARY 19, 2011

Supervisor Kurtz moved that the Board of Supervisors approve the Administrative Items Report of January 19, 2011.  (Consent Item) (Seconded by Supervisor Burton.  The motion passed 9-0.)

1.        BUDGET ADJUSTMENTS

There were no budget adjustments for the January 19, 2011 meeting.

2.      BOARD OF SUPERVISORS’ MINUTES

The Board of Supervisors moved to approve the November 16, 2010 Business Meeting Minutes and the December 13, 2010 Public Hearing Minutes.  The following Committee Summaries are included in the Board’s Packet:

Finance/Government Services and Operations Committee Meeting –

November 10, 2010

Finance/Government Services and Operations Committee Meeting –

December 15, 2010

Transportation and Land Use Committee Meeting – October 20, 2010

Transportation and Land Use Committee Meeting – November 17, 2010

3.      DEEDS FOR APPROVAL

The Board of Supervisors moved to approve the following Deeds as presented in the January 19, 2011 Report:

ESMT-2010-0061 Ridings at Blue Springs Parcel B

ESMT-2010-0060 Brambleton II, Parcel K

4.      TIMELINE EXTENSION FOR CMPT-2010-0003 T-MOBILE BROADLANDS

The Board of Supervisors moved approval of a timeline extension to May 31, 2011 for Planning Commission action on CMPT-2010-0003, T-Mobile Broadlands.

5.      QUARTERLY REPORT FOR TIME PERIOD FOURTH QUARTER OF CALENDAR YEAR 2010.  SETTLEMENTS PERTAINING TO PROPERTY, INLAND MARINE, GENERAL LIABILITY AND AUTO INSURANCE CLAIMS AGAINST THE COUNTY.

There were no settlements in the fourth quarter of calendar year 2010. No action is needed.

6.      SECONDARY ROAD ADDITION – TALL CEDARS PARKWAY, PHASE 3

The Board of Supervisors moved to adopt the resolution, as presented.

7.      CORRECTION:  MOTION FOR ITEM 8, ADDITION OF TWO PERMANENT COMMITTEE MEMBERS REPRESENTING NON-PROFIT HEALTH CARE ORGANIZATIONS TO THE LOUDOUN HEALTH COUNCIL

The Board of Supervisors moved to direct staff to amend the bylaws to include two permanent committee members representing non-profit healthcare groups to the Loudoun Health Council.

The Board of Supervisors further moved that the Loudoun Community Health Center and the Loudoun Free Clinic be appointed as the two additional permanent committee members representing non-profit healthcare groups to the Loudoun Health Council.

2. LEGISLATIVE ISSUES FOR 2011 GENERAL ASSEMBLY

John Sandy, County Administration, made a presentation on the Legislative Issues for the 2011 General Assembly at the January 18, 2010 General Business Meeting. Mr. Sandy also provided the Board an addendum to the item which included the following bills that were outside of the Board’s already adopted positions or priorities for this session and required a position.

1.      HB-1470  (Greason) – Real Property Tax: Memberships of Boards of Equalization

Chairman York moved that the Board of Supervisors support HB-1470. (Seconded by Supervisor Burton. The motion passed 8-1, Supervisor Miller voted no.)

2.      HB-1507- (Cole) – Primary Schedule in 2011, Moves Primary Date to September 13th in Anticipation of Redistricting

Chairman York moved that the Board of Supervisors support HB-1507. (Seconded by Supervisor Burton. The motion passed 8-0-1, Supervisor McGimsey abstained.)

3.      HB-1539 -(LeMunyon) – Tolls on the Dulles Toll Road and the Dulles Greenway Requires Advance approval by Local Government, etc.

Chairman York moved that the Board of Supervisors oppose HB-1539. (Seconded by Supervisor Burton. The motion passed 7-1-1, Supervisor Delgaudio voted no and Supervisor Waters abstained.)

4.      HB-1595- (Laquinto) – VA Public Procurement Act; Procurement of Professional Services by Local Public Bodies

Chairman York moved that the Board of Supervisors support HB-1595. (Seconded by Supervisor Burton. The motion passed 8-0-1, Supervisor McGimsey abstained.)

5.      HB-1935 – (O. Ware) – Legal Notices (Alternatives)

Chairman York moved that the Board of Supervisors support HB-1935. (Seconded by Supervisor Burton. The motion passed 8-0-1, Supervisor McGimsey abstained.)

6.      HB-2079 -(Landes) -Local Govt. Advertising (Additional Options)

Chairman York moved that the Board of Supervisors support HB-2079. (Seconded  by Supervisor Burton. The motion passed 8-0-1, Supervisor McGimsey abstained.)

7.      HB-2149 –(Cline) -Report of the Secretary of the Commonwealth; List of Local Officers

Chairman York moved that the Board of Supervisors support HB-2149. (Seconded by Supervisor Burton. The motion passed 8-0-1, Supervisor McGimsey abstained.)

8.      HB-2023 – (May) – Elections; Acquisition of Voting Equipment by Localities

Chairman York moved that the Board of Supervisors support HB-2033. (Seconded by Supervisor Burton. The motion passed 8-0-1, Supervisor McGimsey abstained.)

9.      HB-2080 – (Landes) – Elections; Voting Machines; DREs

Chairman York moved that the Board of Supervisors support HB-2080. (Seconded by Supervisor Burton. The motion passed 8-0-1, Supervisor McGimsey abstained.)

10.     SB-1340 – (Puller) – Elections; Voting Equipment; DREs

Chairman York moved that the Board of Supervisors support SB-1340. (Seconded by Supervisor Burton. The motion passed 8-0-1, Supervisor McGimsey abstained.)

11.      SB-1030 – (Barker) – Elections; Costs of Primaries

Chairman York moved that the Board of Supervisors support SB-1030. (Seconded by Supervisor Burton. The motion passed 8-0-1, Supervisor McGimsey abstained.)

12.      HB-2024 – (May) – Electrical Transmission Lines; Impact Minimization Plans Requirement

Chairman York moved that the Board of Supervisors support HB-2024. (Seconded by Supervisor Burton. The motion passed 8-0-1, Supervisor McGimsey abstained.)

13.      HJ-540 (M.Cole) – Constitutional Amendment (1st Resolution); State and Local Budgets; Limits on Appropriations

Chairman York moved that the Board of Supervisors oppose HJ-540. (Seconded by Supervisor Burton. The motion passed 7-2, Supervisors Delgaudio and Waters voted no.)

14.      SB-1204 (Obenshain) – Cash Proffers; Court Costs/Extends Sunset on Payment at Occupancy Permit

Chairman York moved that the Board of Supervisors oppose SB-1204. (Seconded by Supervisor Burton. The motion passed 8-0-1, Supervisor McGimsey abstained.)

15.      SB-1253 – (Vogel) – VA Property Owners’ Association Act; Control of Association by Declarant

Chairman York moved that Board of Supervisors support SB-1253. (Seconded by Supervisor Burton. The motion passed 8-0-1, Supervisor McGimsey abstained.)

16.      HB-1834 – (Scott) – Statewide Fire Prevention Codes; Redefinition of Permissible Fireworks

Chairman York moved that the Board of Supervisors oppose HB-1834. (Seconded by Supervisor Burton. The motion passed 8-0-1, Supervisor McGimsey abstained.)

17.      Eminent Domain Position

Chairman York moved that the Board of Supervisors support the Eminent Domain Position. (Seconded by Supervisor Burton. The motion passed 8-0-1, Supervisor McGimsey abstained.)

3. RESOLUTION REGARDING ON-SITE SEWAGE DISPOSAL SYSTEMS

(This item was initiated by Supervisor Burton.)

Supervisor Burton moved that that Board of Supervisors direct the County’s representatives to the Northern Virginia Regional Planning Commission (NVRC) to urge the commission’s membership to adopt a resolution similar to that adopted by the Middle Peninsula District Commission and that any such resolution be distributed to the Northern Virginia General Assembly delegation.

Supervisor Burton further moved that the Board approve the resolution as shown in Attachment 2 and direct staff to forward copies to the County’s General Assembly delegation.   (Seconded by Supervisor McGimsey.   The motion passed 9-0. )

4a. CONTRACT AWARD/PROJECT MANAGEMENT AND ADVISORY SERVICES FOR THE IMPLEMENTATION OF FINANCIAL SYSTEMS

Supervisor Kurtz moved that the Board of Supervisors authorize the Purchasing Agent to award a contract for project management and advisory services for the implementation of financial systems to Visionary Integration Professionals in the amount of $1,392,469. (Consent Item.) (Seconded by Supervisor Burton.  The motion passed 9-0.)

4b. CONTRACT RENEWAL/ENGINEERING SERVICES

Supervisor Kurtz moved that the Board of Supervisors authorize the Purchasing Agent to award the second one-year renewal option for the Engineering Services contracts to Shaffer Wilson Sarver 7 Gray (SWSG) and Setty & Associates, Ltd. For Group 1 services; Dewberry & Davis LLC., Kimley Horn & Associates, Inc. and Patton Harris Rust & Associates for Group 2 services; Triad Engineering, Inc., Applied Environmental Inc. and EEE Consulting for Group 3 services; and Burgess & Niple, Inc., GeoConcepts Engineering, Inc. and Specialized Engineering for Group 4 services, in the estimated amount of $1,750,000. (Consent Item) (Seconded by Supervisor Burton.  The motion passed 9-0. )

4c. FY 12 FISCAL GUIDANCE FOLLOW-UP

Supervisor Burton moved that the Board of Supervisors direct the County Administrator to advertise a maximum tax rate of $1.33 for the FY 2012 operating budget with the possibility of advertising a lower rate if a lower rate accommodates the School Board adopted FY 2012 operating budget. (Seconded by Supervisor Miller.)

Supervisor Delgaudio moved a substitute motion that the Board of Supervisors direct the County Administrator to advertise a tax rate of $1.27 for the FY 2012 operating budget. Seconded by Supervisor Waters.  The motion FAILED 2-7, Supervisors Delgaudio and Waters voted yes.)

Supervisor Burton’s original motion passed 5-4, Supervisors Delgaudio, McGimsey, Waters and York voted no.

4d. VISIT LOUDOUN MEMORANDUM OF UNDERSTANDING, RESTRICTED TOT FUNDING POLICY, AND FY 12 RESTRICTED TOT FISCAL GUIDANCE

Supervisor Burton moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to approve (Seconded by Chairman York):

a.      The draft MOU with Visit Loudoun, as amended, as shown in Attachment 1; and

b.      The revised Restricted TOT Funding Policy, as shown in Attachment 2.

Supervisor Burton accepted Chairman York’s amendment that the Performance Measures be updated as shown in Attachment 1 of the supplemental packet. Supervisor Burton’s motion, as amended, passed 8-1, Vice Chairman Buckley voted no. Supervisor Burton moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to approve:

c.      The proposed uses of Restricted TOT Funding in preparation of the FY 2012 budget, as it relates to the Visit Loudoun budget and the funding of rural programs in Economic Development.

(Seconded by Chairman York.  The motion passed 8-1, Supervisor McGimsey voted no.)

5. CPAM 2010-0001, BELMONT RIDGE ROAD

Supervisor Miller moved that the Board of Supervisors amend the Revised 2030 Countywide Transportation Plan Map as well as text and figures in Chapter 2, Appendix 1, Appendix 2, Appendix 3 of the 2010 Countywide Transportation Plan to reflect the ultimate condition of Belmont Ridge Road from Croson Lane to Route 7 as a four-lane roadway within a 150-foot right-of-way.  (Seconded by Supervisor McGimsey. The motion passed 5-4, Supervisors Buckley, Delgaudio, Waters and York voted no.)

X.    COMMITTEE OF THE WHOLE/LOUDOUN COUNTY REDISTRICTING/ALTERNATIVES FOR ELECTION DISTRICTS

Vice Chairman moved that the Board of Supervisors enter into Committee of the Whole. (Seconded by Supervisor Waters.   The motion passed 9-0. )

The Board agreed to request the Electoral Board and General Registrar to pursue the split of the following precincts:

102 “Ashburn Farms”,  105 “Hillside”,  115 “Pinebrook”,  108 “Mercer”,  112 “Freedom”,  304 “Hamilton”,  408 “Evergreen”,  410 “Tolbert”,  604 “Sugarland North”,  813 “Selden’s Landing”,  814 “Newton-Lee”

…without any changes or adjustment to outside boundaries of these precincts. The Board agreed to forward this item to the February 1, 2011 Business Meeting for a  Committee of the Whole discussion. Staff indicated that the next step would be drawing the boundary lines for each split and identification of polling places for each. Supervisor Delgaudio asked that staff provide maps with the precincts that could be projected on the big screen. Staff also reviewed the entire project calendar indicating that there were multiple steps related to splitting precincts and that these steps would happen concurrent with the redrawing of election district lines.

Supervisor Miller inquired about the process of naming districts.

Supervisor McGimsey moved that the Board of Supervisors close Committee of the Whole.  (Seconded by Supervisor Kurtz.   The motion passed 9-0. )

XI.  COMMITTEE OF THE WHOLE/CPAM 2009-0002, ZOAM 2009-0004, DOAM 2009-0004/PROPOSED CHAPTER 1222 OF THE CODIFIED ORDINANCES OF LOUDOUN COUNTY AND AMENDMENTS TO CHAPTERS 1066 AND 1220 OF THE CODIFIED ORDINANCES OF LOUDOUN COUNTY/CHESAPEAKE BAY PRESERVATION ACT AMENDMENTS

Vice Chairman Buckley moved that the Board of Supervisors enter into Committee of the Whole. (Seconded by Supervisor Miller.   The motion passed 9-0.)

Vice Chairman Buckley moved that the Board of Supervisors close Committee of the Whole. (Seconded by Supervisor McGimsey.  The motion passed 9-0.)

The Board agreed to forward CPAM-2009, ZOAM 2009-0004, DOAM 2009-0004/Proposed Chapter 1222 of the Codified Ordinances of Loudoun County and Amendments to Chapters 1066 and 1220 of the Codified Ordinances of Loudoun County/Chesapeake Bay Preservation Act Amendments to the February 1, 2011 Board Business Meeting for a Committee of the Whole discussion.

Supervisor Burton asked that staff provide clear and concise language at the February 1, 2011 Business Meeting:

1)      Summary of the science and studies over the past 10 years that indicate that the streams are in trouble;

2)      Summary of the current erosion control regulations and how they are enforced before the Board has a discussion about strengthening the regulations; or if the enforcements would need to be strengthened;

3)      A concise statement of the science behind the effectiveness of riparian buffers.  He said it would be useful for staff to summarize the science and the effectiveness measured in the past in other places;

4)      A concise statement of the impact of riparian buffers five-year pump-up; strong erosion control measures on the rural area; both agriculture and rural landowners; on suburban area and on commercial areas.  It should be as concise and clear as possible and include the consequences should the Board adopt the ordinance.

Supervisor Kurtz asked staff to provide the Board with the following information at the February 1, 2011 Business Meeting:

1)      How does this type ordinance fit into the recommendations of the Comprehensive Watershed Management Plan under the three points: septic pump-out, riparian buffers for filtering pollution; reducing the square footage of the soil and erosion rules?

2)      What the County’s Zoning Ordinance has in place for set-backs of use from property lines?

Supervisor Kurtz also asked staff for additional information as to who would pay for the maintenance of the stormwater ponds and if tax dollars were paying for the maintenance.  Is the HOA paying for the maintenance?

Chairman York asked staff to forward Board members a PDF of the September 2008 Comprehensive Watershed Management Plan and Report by CH2M Hill.

Vice Chairman Buckley asked staff to provide a comparative analysis on what the County was attempting to do with the whip.

Supervisor Delgaudio requested staff to provide information to the Board at the February 1, 2011 Business Meeting on the following:

1)      What chemicals are being used at Dulles Airport?

2)      What pollutants were used by other institutions, plants, or manufacturers?

Supervisor Waters requested an in-depth discussion regarding the RPA adjacent to existing ponds, including wet and dry stormwater management ponds and farm ponds and how a project could be impacted by the language.  She asked how these amendments would impact approved projects such as One Loudoun.  Ms. Waters also asked if there was a way to craft grandfathering in the discussion that would  minimize the impact of forcing people to come back though another legislative approval process.

XII. COMMITTEE OF THE WHOLE/LOUDOUN COUNTY WATER AND WASTEWATER NEEDS ASSESSMENT REPORT

This item was deferred to a future Board Meeting.

AMENDMENT:

6. PROPOSAL TO MODIFY THE RULES OF ORDER FOR PUBLIC INPUT & GENERAL BUSINESS MEETINGS AND BOARD BUSINESS MEETINGS

Chairman York moved that the Board of Supervisors adopt the proposed amendments to the Rules of Order as shown in Attachment 1.

Chairman York further moved that these amendments be in effect from the date of adoption until after the second Business Meeting in April 2011. (Seconded by Vice Chairman Buckley.)

Chairman York moved an amendment that the Public Input begin as early at 6:30 p.m. followed by adjournment of the Public Input & General Business. (The Board Business Meeting will start 10 minutes after adjournment of the Public Input & General Business Meeting.)

Chairman York’s motion, as amended, passed 8-1, Supervisor Miller voted no.

Posted in: January 2011