Action Report of the July17, 2012 Board of Supervisors’ Business Meeting

Posted on July 24, 2012

- ADOPTION OF THE CONSENT AGENDA

Supervisor Volpe moved that the Board of Supervisors adopt the consent agenda. The following items were approved by consent: 1A, 2, 4, 6c, 6d, 6e, 6f, 6g, 6h, 6i, 8a, 10, 12, 13, 14, 15, 16, and 18 (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote. )

ADDITIONS/DELETIONS

Chairman York announced the addition of Item #20/Zoning Concept Plan Amendment to Amend Proffer Set-backs in the Ashbrier Community (Buona) and Item #21/Intent to Amend Planned Development Mixed Use Business PD MUB District within the Revised 1993 Zoning Ordinance to Allow Utility Substations (Williams).

1. APPOINTMENTS

Supervisor Volpe moved that the Board of Supervisors confirm the following appointments. (Consent Item) (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote.)

Confirmations

Commuter Bus Advisory

Robert Patterson as the Leesburg District Representative

Library Board of Trustees: (Term to expire June 30, 2016)

Jackquelyn Veith as the Catoctin District Representative

Lyme Disease Commission

Carol Hodgson as the Loudoun Health Council Representative
Dr. David Goodfriend as the Health Department Appointee

Appointments

Commuter Bus Advisory Board

Supervisor Letourneau nominated Angela Blair.

Heritage Commission

Supervisor Williams nominated George Meidhof.

Lyme Disease Commission

Supervisor Letourneau nominated John Ferrell.

Community Services Board

Supervisor Reid nominated John Thomas.

2. Administrative Items Report of July 17, 2012

This Report contains the following items for the Board of Supervisors approval on July 17, 2012: Budget Adjustments; Board of Supervisors Minutes; Deeds for Approval; Recruitment Process for County Assessor; Request to Transfer Funding for Construction of a New Traffic Signal at the intersection of Atlantic Boulevard & Warp Drive; National Capital Region Interoperability Program (NCRIP): CAD2CAD Data Exchange and Situational Awareness; Memorandum of Understanding with the Metropolitan Washington Airports Authority on Emergency Communications; Animal Advisory Committee Proposed Term Objectives (2012-2015); Secondary Road Addition – Belmont, Russell Branch Parkway, Phase 2.

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Supervisor Volpe moved that the Board of Supervisors approve the Administrative Items Report of July 17, 2012. (Consent Item) (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote.)

Budget Adjustments

The Board of Supervisors moved to: (1) approve the following FY 2013 budget Adjustments as set out in the July 17, 2012 Administrative Items Report: BA-130011; BA130048; BA-130110; BA-130111; (2) recognize a increase in revenue in the amount of $360 in the General Fund for FY 2013; and (3) make an increase in FY2013 appropriations of $360 in the General Fund.

Board of Supervisors Minutes

The May 11, 2012 Transportation and Land Use Committee Summary was included in the Board’s packet.

Deeds for Approval

The Board moved to approve the following deeds: ESMT 2009-0032/Waxpool Road Improvements – Zebra Ventures LLC; ESMT 2009-0033/Waxpool Road Improvements – Zebra Ventures LLC; ESMT 2011-0050/Atlantic Boulevard at Steeplechase (Section 1, Lots 3A & 6A-1); ESMT 2012-0037/Loudoun Valley Estates II Land Bay 2, Section 8; SBRD 2007-0018/Black Oak Ridge Ph 1; ESMT 2012-0026/Kramer; and n/a Stonegate Development (Smith Switch Road, Route 607).

Recruitment Process for County Assessor

The Board of Supervisors moved to direct the Finance/Government Services and Operations Committee to examine various recruitment processes for selecting a new County Assessor and report to the full Board its recommendation at the second Board meeting in September 2012.

Request to Transfer Funding for Construction of a New Traffic Signal at the Intersection of Atlantic Boulevard & Warp Drive

The Board of Supervisors moved to approve BA-130031 authorizing the transfer of $294,020.00 from the Traffic Signal Contingency Fund within the Gas Tax Fund for the purposes of constructing a traffic signal at the intersection of Atlantic Boulevard & Warp Drive.

National Capital Region Interoperability Program (NCRIP): CAD2CAD Data Exchange and Situational Awareness

The Board of Supervisors moved to authorize Loudoun County’s participation in the National Capital Region Interoperability Program (NCRIP), known as “CAD2CAD.”

Memorandum of Understanding with the Metropolitan Washington Airports Authority on Emergency Communications

The Board of Supervisors moved to approve the Memorandum of Understanding between Loudoun County, Virginia and the Metropolitan Washington Airports Authority and that the Board authorize the County Administrator or his designee to sign the MOU on its behalf.

Animal Advisory Committee Proposed Term Objectives (2012-2015)

The Board of Supervisors moved to approve the proposed objectives as set forth by the Animal Advisory Committee in the Animal Advisory Committee 2012 Proposed Objectives.

Secondary Road Addition: Belmont, Russell Branch Parkway, Phase 2

The Board of Supervisors moved to approve the resolution.

3. CMPT 2011-0008/Shellhorn Substation (Broad Run District)

Virginia Electric and Power Company has submitted a Commission Permit for the construction of a utility substation in the PD-OP (Planned Development-Office Park) zoning district. The subject property is 19.98 acres located north of Dulles Greenway (Route 267), between Loudoun County Parkway (Route 607) and the Broad Run, in the Broad Run Election District. The application was reviewed by the Planning Commission on June 27, 2012. There was one public speaker who cited concerns regarding the adequacy of the buffering and screening for their adjacent property to the east of the subject site. The applicant verbally agreed to provide a 10 to 12 foot high wall along the property frontage and the eastern property line to reduce visual impacts to the surrounding properties. The Commission voted unanimously to send the application to a work session to review proposed plat revisions. The Planning Commission intends to forward the application to the Board of Supervisors in time for ratification at the July 17, 2012 Board Business meeting.

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Supervisor Williams moved that the Board of Supervisors ratify the Planning Commission approval of CMPT 2011-0008, Shellhorn Substation, subject to the Plat dated September 14, 2011, revised through July 11, 2012, based on the Findings for Approval. (Seconded by Chairman York. The motion passed 7-1-1, Supervisor Delgaudio voted no and Supervisor Higgins absent for the vote.)

4. Belfort Park Street Naming/Renaming (STERLING DISTRICT)

At its meeting on April 17, 2012, the Board established a working group to recommend changes to street names as a result of transportation improvements in the Belfort Park area. The Working Group has recommended several changes to names that will eliminate much of the confusion that currently exists, improve access to this commercial area from the east and south, improve the visibility of the Volkswagen dealership, and eliminate truck traffic behind the town homes in Old Sterling Gable Square along Shaw Road between Davis Drive and Cedar Green Road.

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Supervisor Volpe moved that the Board of Supervisors accept the recommendation of the Belfort Working Group and rename the streets in Belfort Park as proposed to be effective at the time of the construction of the new roads. (Consent Item) (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote. )

5. Board Member Initiative: Improvements Waxpool Road/Pacific Boulevard and Waxpool Road/Broderick Drive (Broad Run District)

Supervisor Williams would like the Board of Supervisors to authorize the use of $1,000,000 from the local gas tax funds remaining from the cancelled Franklin Park – Park and Ride lot project for the design of intersection improvements to Waxpool Road and Pacific Boulevard and Waxpool Road and Broderick Drive. He would also like the Board of Supervisors to direct County staff to bring forward a funding plan for the right of way and construction phases of the project using the remaining balance of the local gas tax funding from the Franklin Park – Park and Ride lot project ($1,200,000) and available cash proffers as the local match for the FY 14 State Revenue Share program.

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(This item was initiated by Supervisor Williams.)
Supervisor Williams moved that the Board of Supervisors authorize the use of $1,000,000 from the local gas tax funds remaining from the cancelled Franklin Park – Park and Ride lot project for the design of intersection improvements to Waxpool Road and Pacific Boulevard and Waxpool Road and Broderick Drive.
Supervisor Williams further moved that the Board of Supervisors direct County staff to bring forward a funding plan for the right- of-way acquisition and construction phases of the project using the remaining balance of the local gas tax funding from the Franklin Park – Park and Ride lot project ($1,200,000) and available cash proffers as the local match for the FY2014 State Revenue Share program. (Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Higgins absent for the vote.)

Board Request:

Supervisor Reid asked Office of Transportation staff to estimate the cost of an alternative westbound improvement, such as an additional westbound bridge over Pacific coming off the flyover or some type of “jug handle” to address congestion in this area.
Supervisor Delgaudio expressed his appreciation for addressing the Waxpool Road issues because of the connection to Church Road.

6a. Consideration Of A 2012 Bond Referendum And/Or A Virginia Public School Authority (VPSA) Participation Followed By The Future Sale Of $138,900,00 in General Obligation Bonds To Finance Capital Projects Included In The Fiscal Years 2013 – 2018 Adopted Capital Improvement Program For Fiscal Year 2013

This item requests the Board of Supervisors to adopt the Resolution entitled “Resolution Of The Board Of Supervisors Of The County Of Loudoun, Virginia, Requesting The Circuit Court To Order A Special Election on November 6, 2012 on the Questions Of Issuing Not To Exceed $110,080,000 (or $138,900,000 to include ES-21) in General Obligation Bonds to Finance Public Improvements.” All projects included have been approved by the Board of Supervisors as part of the Adopted 2013-2018 Capital Improvement Program. The School Board unanimously approved the request on bond financing in the amount not to exceed $148,060,000 that includes costs associated with the Dulles South Elementary School (ES-21). During the June 5^th Board of Supervisors meeting, the Board motioned to direct staff to amend the FY 2013 Capital Improvement Plan and advance ES-21 from FY 2014 to FY 2013. If this item is approved for inclusion following the Public Hearing scheduled for July 10, 2012, the referendum amount will increase the future sale of general obligation bonds from $110,080,000 to $138,900,000. At its meeting held on June 11, 2012, the Finance/Government Services and Operations Committee voted 3-1-1 (Buona-No, York absent) to recommend that the Board of Supervisors adopt the four question option presented in Attachment 2 of the staff report.

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Supervisor Buona moved that the Board of Supervisors adopt the two question option presented in the resolution (Attachment 3) entitled “Resolution of the Board of Supervisors of the County of Loudoun, Virginia, Requesting the Circuit Court to Order a Special Election on November 6, 2012, on the Question of Issuing Not to Exceed $138,900,000 in General Obligation Bonds to Finance Public Improvements.” (Seconded by Supervisor Volpe.)
Supervisor Delgaudio moved a substitute motion that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to adopt the four question option presented in the resolution (Attachment 2) entitled “Resolution of the Board of Supervisors of the County of Loudoun, Virginia, Requesting the Circuit Court to Order a Special Election on November 6, 2012, on the Questions of Issuing Not to Exceed $110,080,000 (or $138,900,000 to include ES-21) General Obligation Bonds to Finance Public Improvements.” (Seconded by Supervisor Williams. The motion FAILED 3-5-1, Supervisors Buona, Clarke, Letourneau, Volpe, and York voted no and Supervisor Higgins absent for the vote.)
Voting on Supervisor Buona’s Motion: Supervisors Buona, Clarke, Delgaudio, Letourneau, Reid, Williams, Volpe and York voted yes and Supervisor Higgins absent for the vote.

6b. Recommendation from the Courthouse Grounds and Facilities Committee Regarding Seasonal Display on Courthouse Grounds

At the February 14, 2012 meeting of the Board of Supervisors, the Board voted 9-0 to task the Courthouse Grounds and Facilities Committee with creating a plan for a seasonal display, to report back to the Finance/Government Services and Operations Committee each month with a status report and to provide final recommendations by June 30, 2012. This item transmitted the final recommendation to the Finance/Government Services and Operations Committee on June 11th. Clint Good, Chairman of the Courts, Grounds and Facilities Committee was in attendance to present and discuss these recommendations. The Finance/Government Services and Operations Committee voted 3-1-1 (Williams-No and York absent) to recommend that the government sponsored seasonal display consist of a live evergreen tree that would be 10’ to 14’ in height that would be adorned with traditional non-blinking colored lights, ornaments that would consist of multi-colored balls and a lighted star on top. The display would also include a crèche, a menorah and a Santa (to include a sleigh and reindeer approximately 15’ in length). The Committee also recommends that wreaths and garlands of greenery to be hung on the fence of the Courthouse lawn. The Committee further recommends that the tree be placed in the traditional spot on the sidewalk in front of the Courthouse and placement of the other display items would be on the lawn beside the tree as depicted in the display schematic site plan.

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Supervisor Buona moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to approve a government sponsored seasonal display that consists of a live evergreen tree that would be 10’-14’ in height and would be adorned with traditional non-blinking colored lights (with four bulbs per square foot), ornaments that would consist of multi-colored balls and a lighted star at the top. The display would also include a crèche, a menorah and a Santa (to include a sleigh and reindeer approximately 15’ in length).
Supervisor Buona further moved that the display include wreaths and garlands of greenery that will be hung on the fence of the Courthouse lawn; that the tree be placed in the traditional spot on the sidewalk in front of the Courthouse and that placement of the other display items would be on the lawn beside the tree as depicted in the display schematic site plan included the July 17, 2012 item. (Seconded by Supervisor Reid.)
Vice Chairman Clarke moved a substitute motion that the Board of Supervisors NOT approve any seasonal displays on the courthouse grounds and recommend to the Town of Leesburg or alternate property owners to take up consideration of a holiday display on their properties. (Seconded by Supervisor Williams.)
Voting on Vice Chairman Clarke’s FAILED Motion: Supervisors Clarke and Williams voted yes; Supervisors Buona, Delgaudio, Letourneau, Reid, Volpe and York voted no; Supervisor Higgins absent for the vote.
Voting on Supervisor Buona’s Motion: Supervisors Buona, Delgaudio, Letourneau, Reid, Volpe and York voted yes; Supervisors Clarke and Williams voted no and Supervisor Higgins absent for the vote.

6c. Contract Award/Construction of Fire Rescue Training Academy Improvements (Prop Lots)

Invitation for Bid (IFB) No. QQ-01719 was issued on May 23, 2012, for the construction of the Fire Rescue Academy Improvements (Prop Lots). Two (2) bids were received on June 21, 2012, with Milestone Construction Services, Inc. being the lowest responsive and responsible bid at $1,212,000. This project provides for the construction of prop lots and the procurement of essential training props to simulate a range of potential threats to the general public as well as fire-rescue personnel. These prop lots will provide a safe, realistic and effective environment for public safety personnel to train in the efficient response to and mitigation of difficult and dangerous events. The Finance/Government Services and Operations Committee voted (4-0-1 York absent) to recommend to the Board of Supervisors that the Purchasing Agent be authorized to award a contract for the construction of the Fire Rescue Academy Improvements (Prop Lots) to Milestone Construction Services, Inc. in the estimated amount of $1,212,000. Staff further recommends the approval of BA#130030, which transfers $350,000 in cash proffers into this project. This item is proposed for the Board’s consent agenda.

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Supervisor Volpe moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to authorize the Purchasing Agent to award a contract for the Construction of the Fire Rescue Training Center Improvements (Prop Lots) to Milestone Construction Services, Inc. in the estimated amount of $1,212,000.
Supervisor Volpe further moved the approval of BA#130030, which transfers $350,000 in cash proffers from ZMAP-2001-0002, Cookes Crossing, Proffer 7 and ZMAP-2002-0002, Evergreen Rural Village, Proffer 38 into this project. (Consent Item)(Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote .)

6d. Contract Award/Commuter Coaches

At their January 17, 2012, business meeting, the Board of Supervisors directed staff to pursue the State capital funding, and if awarded, return to the Board to appropriate a local match to acquire the two commuter buses in FY 2013. State capital funding in the amount of $555,128 has been approved in the State’s Six-Year Plan and formal notification of the award will be received by the County later this month. The State Capital Assistance is proposed to be matched using cash proffers to fully cover the amount of this purchase order for the acquisition of two buses. The State Capital Assistance will also be used to match the cost of installing fare boxes and GPS on the two commuter buses. BA#130009 will be processed to appropriate $555,128 in State Capital Assistance funds and $555,128 in cash proffers to fund the acquisition of two commuter buses and the installation of GPS and fare boxes in the buses in FY 2013 of the CIP. The Finance/Government Services and Operations Committee voted (4-0-1 York absent) to recommend to the full Board of Supervisors that the Purchasing Agent be authorized to award a contract for the procurement of two commuter coaches to Motor Coach Industries in the amount of $1,079,256 and approve BA-130009 appropriating $555,128 in State Capital Assistance funding and $555,128 in cash proffers. This item is proposed for the Board’s consent agenda.

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Supervisor Volpe moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations to authorize the Purchasing Agent to award a contract for the procurement of two commuter coaches to Motor Coach Industries in the amount of $1,079,256 and approve BA-130009 appropriating $555,128 in State Capital Assistance funding and $555,128 in cash proffers. (Consent Item) (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote. )

6e. Contract Award/Office Supplies and Office Paper

During August and September 2010, staff researched several contracting options ranging from issuing the County’s own solicitation to utilizing other existing state and/or local government contracts. The result of the analysis indicated the National Joint Powers Alliance (NJPA) contract with Staples Contract and Commercial Inc. was the most favorable to the County from a discount, local preference and rebate offered perspective. Items provided under this contract include a full range of office supplies, including but not limited to office paper, printer toner, stationary, business machines, filing accessories, and writing instruments. Staples also offer a rebate back to the County once certain levels of usage are reached. The County is presently on pace to receive a 5% rebate on the purchase price of core items. The rebate for this past year was $38,466.68. Funding would be available through individual/agency operating budgets already appropriated for FY 13 and subject to appropriation in the FY 14 Fiscal Plan. The Finance/Government Services and Operations Committee voted (4-0-1 York absent) to recommend to the full Board of Supervisors that the Purchasing Agent be authorized to renew the contract for office supplies and office paper utilizing the National Joints Power Alliance contractor, Staples Contract and Commercial Incorporated, in the estimated amount of $825,000. This item is proposed for the Board’s consent agenda.

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Supervisor Volpe moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to authorize the Purchasing Agent to renew the contract for office supplies and office paper utilizing the National Joints Power Alliance contractor, Staples Contract and Commercial Incorporated, in the estimated amount of $825,000. (Consent Item) (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote. )

6f. Contract Renewal/Operation of Emergency Homeless Shelter Programs and Transitional Housing Facility/Traditional Opportunities Program

On September 15, 2009, the Board of Supervisors (BOS) authorized the Purchasing Agent to award a contract to Volunteers of America, Chesapeake (VOA) in the amount of $1,015,768 to provide services for the Operation of the Emergency Homeless Shelter, Transitional Housing/Transitional Opportunities Program. The contract was issued for one (1) year and included five (5) one-year renewal options. The first two (2) renewal options were authorized by the BOS on September 21, 2010 and September 20, 2011, respectively; the award amount held firm at $1,015,768 for each renewal year. The current contract period is due to expire on September 30, 2012 and staff would like to renew the contract for the third of five (5) one-year renewal options. The Finance/Government Services and Operations Committee voted (4-0-1 York absent) to recommend to the full Board of Supervisors that the Purchasing Agent be authorized to renew the contract for the Operation of the Emergency Homeless Shelter and Transitional Housing/Transitional Opportunities Program with Volunteers of America, Chesapeake in the amount of $1,015,768. This item is proposed for the Board’s consent agenda.

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Supervisor Volpe moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to authorize the Purchasing Agent to renew the contract for the Operation of the Emergency Homeless Shelter and Transitional Housing/Transitional Opportunities Program with Volunteers of America, Chesapeake in the amount of $1,015,768. (Consent Item) (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote. )

6g. Contract Award Authority During August Recess

The Board of Supervisors and Standing Committees are taking recess during the month of August 2012. As the County’s business continues during August, there may be contracts and leases that will be ready for award during the August recess. The Board of Supervisors has traditionally authorized staff to award contracts that cannot be delayed until the first meeting in September provided sufficient funding is available. Staff will provide a report to the Finance/Government Services and Operations Committee as to the contracts awarded during this time frame at its September meeting. As proposed by staff, contracts that are not fully funded would not be eligible for award under this temporary authority. As proposed by staff, contracts that are not fully funded would not be eligible for award under this temporary authority. Staff will provide a report to the Finance/Government Services and Operations Committee as to the contracts awarded during this time frame at its September 2012 meeting. The Finance/Government Services and Operations Committee voted (4-0-1 York absent) to recommend that the Board of Supervisors authorize the County Administrator through the Purchasing Agent to enter into any funded urgent or unforeseen contracts during the August recess that cannot be delayed until the September 2012 Finance/Government Services and Operations Committee meeting. The Committee further recommends that the County Administrator be authorized through the Director of General Services to enter into any funded leases during the August recess that cannot be delayed until the September 2012 Finance/Government Services and Operations Committee meeting.This item is proposed for the Board’s consent agenda.

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Supervisor Volpe moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to authorize the County Administrator through the Purchasing Agent to enter into any funded urgent or unforeseen contracts during the August recess that cannot be delayed until the September 10, 2012 Finance/Government Services and Operations Committee meeting.
Supervisor Volpe further move that the Board of Supervisors authorize the County Administrator through the Director of General Services to enter into any funded leases during the August recess that cannot be delayed until the September 10, 2012 Finance/Government Services and Operations Committee meeting. (Consent Item) (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote.)

6h. Capital Improvement Project Status/Quarterly Report

This item provided the Finance/Government Services and Operations Committee a quarterly update on key capital improvement projects in various stages of pre-design, design, and construction. The item also includes recommended approval of a budget adjustment to resolve an outstanding change order at the Philip A. Bolen Park. The Finance/Government Services and Operations Committee voted (4-0-1 York absent) to recommend to the Board approval of BA #130093 that transfers $477,000 to the Philip A. Bolen Park Capital Project account to cover the cost of construction settlement and is proposed for the Board’s consent agenda. Staff also indicated that they would proceed with issuing the IFB for the construction of the Transit Bus Maintenance and Storage Facility project which had been on hold pending the metro rail decision. The Committee had also requested that staff bring updates to the Finance/Government Services and Operations Committee on transportation related projects that may be slipping behind schedule. This item is proposed for the Board’s consent agenda.

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Supervisor Volpe moved that the Board of Supervisors approve the Finance/Government Services and Operations Committee recommendation to approve Budget Adjustment, BA#130093 to transfer $477,000 in FY 2011 Fund Balance to the Philip Bolen Park capital project account to cover the cost of the construction settlement. (Consent Item) (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote. )

6i. Dulles Town Center Community Development Authority/ Refunding Bonds and Amendment to Rate and Method of Assessment

The County created the Dulles Town Center Community Development Authority (CDA) in 1998 to facilitate the financing of roads and other public infrastructure associated with that project. To finance this infrastructure, the CDA requested that the locality impose a special assessment on the properties within the district and issued bonds in the amount of $36,560,000. By statute, the bonds are not considered debt of the County. The CDA, through counsel, has made three requests for Board approval. First, the CDA requests that the Board consent to a bond refunding to take advantage of favorable interest rates. Second, the CDA is requesting that the Board amend the ordinance to revise the Articles of Incorporation and the “Rate and Method of Apportionment of Assessments.” This amendment will address recent zoning changes that added residential uses to the district. Finally, the CDA requests that the Board approve an increase in the compensation for its members, from $250 to $400 per meeting, retroactive to January 1, 2012. Compensation is paid from the funds of the CDA. The Finance/Government Services and Operations Committee voted (4-0-1 York absent) to recommend that the Board of Supervisors initiate an amendment to the Ordinance establishing the Dulles Town Center Community Development Authority to include the “Supplement to Rate and Method of Apportionment of Assessments”. The Committee further recommends (4-0-1 York absent) that the Board consent to the refunding bonds as presented by the CDA; approve the hiring of legal financial services for purposes of refunding the bonds. The Committee also voted (3-1-1 Delgaudio against, York absent) to approve an increase in the compensation of CDA members, from $250 to $400 per meeting, retroactive to January 1, 2012.

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Supervisor Buona moved that the Board of Supervisors:

initiate an amendment to the Ordinance establishing the Dulles Town Center Community Development Authority to include the “Supplement to Rate and Method of Apportionment of Assessments”;
consent to the refunding bonds as presented by the CDA and the hiring of legal and financial services for purposes of the refunding; and
approve an increase in the compensation of CDA members, from $250 to $400 per meeting, effective January 1, 2012.

(Seconded by Supervisor Williams. The motion passed 7-0-2, Supervisors Higgins and York absent for the vote.)

7a. Journey Through Hallowed Ground Wayfinding and Economic Tourism (Blue Ridge/Catoctin/Leesburg)

The Loudoun County Board of Supervisors voted February 7, 2006 in support of the Journey Through Hallowed Ground (JTHG) Partnership State Scenic Byway extension of Route 15; on January 10, 2008 to become a Partner in the JTHG Partnership and support the National Heritage Area, and again on November 3, 2008 in support of the JTHG National Scenic Byway Designation for the successful submittal of the Corridor Management Plan (CMP) to the U.S. Department of Transportation. In response to the direction of its local partners, JTHG successfully obtained a $268,000 grant to produce a Wayfinding Master Plan for the National Scenic Byway. This Master Plan led to the JTHG Partnership’s successful $1.6 million federal grant to implement the Wayfinding portion of the CMP to promote economic development in the region, specifically along the 180-mile JTHG National Scenic Byway. JTHG is requesting $45,242.50 to leverage a 20 percent match of federal grant funds of $180,970. Approval of this funding request would result in a total of $266,212.50 to be allocated to the Loudoun County portion of the JTHG Wayfinding. Restricted Transient Occupancy Tax (TOT) Fund Balance could be used for this purpose if the Board chooses. As referenced in the June 11, 2012 Finance, Government Services and Operations Committee, it is estimated that approximately $1,891,085 is available for restricted uses from the Restricted TOT Fund with no impact on local tax funding. At its June 15, 2012 meeting, the Transportation and Land Use Committee voted (4-1, Delgaudio opposed) to recommend that the Board of Supervisors defer action on this item until staff has developed a revised Countywide wayfinding destination list, including coordination with the Journey Through Hallowed Ground, and that this request be discussed along with the entire wayfinding program at that time.

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Supervisor Volpe moved that the Board of Supervisors defer action on this item until staff has developed a revised Countywide wayfinding destination list, including coordination with the Journey Through Hallowed Ground, and that this request be discussed along with the entire wayfinding program at that time.
Supervisor Volpe further moved that the coordinated effort be presented at the Economic Development Committee meeting in September 2012 for action. (Seconded by Supervisor Buona. The motion passed 6-1-2, Supervisor Delgaudio voted no and Supervisors Higgins and York absent for the vote.)

8a. Economic Development Incentive Policies

At the June 18, 2012 Economic Development Committee meeting, staff presented an overview of economic development incentives offered by the Commonwealth of Virginia and local governments. Staff also provided information about the historical use of incentives in Loudoun County. This information item was intended to begin a discussion about business attraction incentives with the Committee members. As a result of this discussion, the Economic Development Committee voted 4-0-1 (Supervisor Volpe absent) to recommend that the Board direct staff to work with the Economic Development Commission on developing a package of incentive policies and to return to the Economic Development Committee with the information for consideration at a future meeting. This item is proposed for the Board’s consent agenda.

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Supervisor Volpe moved that the Board of Supervisors approve the recommendation of the Economic Development Committee to direct staff to develop a set of policies for the Board to consider in the arena of incentives for future businesses and to work with the Economic Development Commission in the development of these proposed policies. (Consent Item) (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote.)

9a. Recommendation to the Board of Supervisors on a Zoning Amendment (ZOAM) for Public Facilities

At a meeting of the Joint Board of Supervisors and School Board Committee on Wednesday, June 27, 2012; the Joint Committee reviewed a presentation by County and School Staff regarding land use processes for the development of public facilities. As a result of that presentation and Committee discussion, the Committee voted to recommend that the Loudoun County Board of Supervisors direct Staff to prepare a work plan that includes the scope and schedule to complete a Zoning Amendment (ZOAM) for Public Facilities and to have it prioritized within the Board of Supervisors Strategic Plan. This item presents the Committee’s recommendation for Board of Supervisors consideration.

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Supervisor Reid moved that the Board of Supervisors direct Staff to prepare a work plan scope and schedule for the Public Facilities Zoning Ordinance Amendment (ZOAM) so that it is ready for prioritization within the Board of Supervisors Strategic Plan deliberations. (Seconded by Supervisor Volpe. The motion passed for the vote 7-0-2, Supervisors Higgins and York absent for the vote.)

10. Board Member Initiative: Resolution of Commendation for the GreatestGeneration, Residing in Falcons’ Landing (Algonkian District)

This is a Resolution of Commendation by the Board of Supervisors to recognize the sacrifice and valor of the World War II generation currently residing at Falcons Landing in the Algonkian District. It will be presented on August 14, 2012. This item is proposed for the Board’s consent agenda.

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(This item was initiated by Supervisor Volpe.)
Supervisor Volpe moved that the Board of Supervisors approve this Resolution of Commendation for the “Greatest Generation” residing at Falcons Landing, as part of the “Keep the Spirit of 45 Alive!” campaign, recognizing the sacrifice and valor of the World War II generation showed in the service of our great nation. (Consent Item) (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote. )

11. Notice of Intent to Amend the FY2013 Capital Improvement Program and Budget (Countywide)

At the July 10, 2012 Public Hearing, the Board of Supervisors voted 6-0-3 (Supervisors York, Letourneau and Clarke Absent) to place Budget Adjustment BA-130032 on the agenda of the July 17, 2012, Board of Supervisors business meeting for action. BA-130032 amends the Adopted FY 2013 – FY 2018 Capital Improvements Program (CIP) by appropriating $28,820,000.00 in general obligation bond financing to the School Capital Projects Fund in FY 2013 for the construction of Elementary School #21 (ES-21) on the Grant-Perkins site in the Dulles South area in FY 2013.

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Supervisor Letourneau moved that the Board of Supervisors approve Budget Adjustment BA-130032 which amends the Adopted FY2013 – FY2018 CIP by appropriating $28,820,000.00 in general obligation bond financing to the School Capital Projects Fund for the construction of elementary school #21 (ES-21) in FY2013 at the Grant-Perkins site. (Seconded by Vice Chairman Clarke. The motion passed 8-0-1, Supervisor Higgins absent for the vote.)

12. Proposed Amendment to Chapter 480.09 of the Codified Ordinances of Loudoun County, Parking Commercial Vehicles in Residential Zones (Countywide)

The intent to change Chapter 480.09 of the Codified Ordinances of Loudoun County, Parking Commercial Vehicles will better define “commercial vehicle” and will assist law enforcement in providing a means to better address a countywide problem. It is anticipated that there will be no additional costs involved with this amendment, with the probability of increased revenue due to increased enforcement. At its June 5, 2012 meeting, the Board of Supervisors voted (8-0-1, Higgins absent) that staff be directed to bring the proposed amendment to Chapter 480.09 to a Public Hearing for review. At the Board of Supervisors’ July 10, 2012 Public Hearing, the Board voted 6-0-3, Supervisors Clarke, Letourneau and York absent for the vote, to forward this item to the July 17^th Business Meeting.

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Supervisor Volpe moved that the Board of Supervisors approve the Amendments to Chapter 480.09, Parking Commercial Vehicles in Residential Zones, of the Codified Ordinances of Loudoun County. (Consent Item) (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote.)

13. ZOAM 2012-0003, Amendments to Articles II, IV, V, and VIII of the Loudoun County Zoning Ordinance for the Purpose of Deleting the Requirement for Special Exception Approval for Large Retail Sales Establishments, Food Stores, Pharmacies, and Construction Retail Establishments (Countywide)

On April 3, 2012 the Board of Supervisors adopted a Resolution of Intent to Amend the Revised 1993 Zoning Ordinance (“Zoning Ordinance”) to delete and eliminate the requirement for special exception approval for Large Retail Establishments, Food Stores, Pharmacies and Large Construction Retail Establishments. This amendment is intended to reverse the changes made to the Zoning Ordinance with the adoption of ZOAM 2010-0004, which mandated that within the County’s commercial zoning districts retail sales establishments, food stores and pharmacies in excess of 75,000 square feet, and construction retail establishments in excess of 80,000 square feet, obtain special exception approval. Approval of this amendment will permit retail sales establishments, food stores, pharmacies and construction retail establishments, by right, without regard to size of the establishment, in those districts where they were permitted by right before the adoption of ZOAM 2010-0004. The Board held a Public Hearing on this amendment on July 10, 2012. The Board voted 6-0-3 (York, Clarke, Letourneau absent) to forward this item to the July 17, 2012 Board Business Meeting for action.

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Supervisor Volpe moved that the Board of Supervisors approve ZOAM 2012-0003, Amendments to Articles II, IV, V and VIII for the Purpose of Deleting the Requirement for Special Exception Approval for Large Retail Establishments, Food Stores, Pharmacies and Large Construction Retail Establishment, as set forth in Attachment 2 of the July 17, 2012 Action Item. (Consent Item) (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote.)

14. SPEX 2011-0031/Ashburn Volunteer Fire and Rescue Department Expansion (Broad Run District)

The Ashburn Volunteer Fire Department, Inc. is applying for a special exception to permit the expansion of the existing fire and rescue station from 17,535 square feet to 36,083 square feet on a 3.17 acre parcel in the Rural Commercial (RC) and Ashburn Village Conservation Overlay District (VCOD) zoning districts. This application is subject to the Revised 1993 Zoning Ordinance and the proposed use is listed as a Special Exception use under Section 2-904(K). The property is being developed pursuant to ZMAP-2011-0003, Ashburn Volunteer Fire and Rescue Department. The Applicant is also seeking modification of the landscaping, buffering, and screening requirements which is authorized as part of an approved action of a Special Exception under Section 5-1403(C). The subject property is located on the east side of the intersection of Ashburn Road (Route 641) and Stubble Road (State Route 647), and on the north side of the W&OD Trail, at 20688 and 20692 Ashburn Road, Ashburn, Virginia, in the Broad Run Election District. At the July 10, 2012 Board of Supervisors Public Hearing, the Boardforwarded the Special Exception to the July 17, 2012 Business Meeting for action (6-0-3, Chairman York, Vice Chairman Clarke, and Supervisor Letourneau absent).

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Supervisor Volpe moved that the Board of Supervisors approve SPEX-2011-0031, Ashburn Volunteer Fire and Rescue Department Expansion, subject to the Conditions of Approval dated July 2, 2012 and based on the findings. (Consent Item) (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote.)

15. SPEX 2011-0026, CMPT 2011-0009, SPMI 2011-0008/Edwards Ferry Substation (Catoctin District)

Virginia Electric and Power Company (d/b/a Dominion Virginia Power) of Richmond, Virginia, has submitted an application for a Special Exception and Commission Permit to permit a utility substation, transmission, with associated monitoring equipment, and to modify the conditions of approval associated with SPEX-1998-0024, Kenneth B. Rollins Water Filtration Plant, in the JLMA-3 (Joint Land Management Area-3) zoning district. The subject property is also partially located within the FOD (Floodplain Overlay District). The proposed modifications to the prior conditions of approval would allow for the relocation of a portion of a 10-foot landscaping buffer located along the western boundary of the subject property to a location outside of the area of the proposed special exception. This application is subject to the Revised 1993 Zoning Ordinance and the proposed use is listed as a Special Exception use under Table 2-1203 of Section 2-1203, subject to the Additional Regulations set forth in Section 5-616 and Section 5-621, and requires a Commission Permit in accordance with Sections 5-616 and 6-1101. The modification of the buffering and screening requirements applicable to the proposed Special Exception use is authorized as part of an approved action of a Special Exception under Section 5-1403(C). The area of the proposed special exception is an approximately 2.87-acre portion of a 20.88-acre parcel that is located on the north side of Edwards Ferry Road (Route 773), on the east side of Red Rock Wilderness Overlook Regional Park, and on the south side of the Potomac River, at 43234 and 43238 Edwards Ferry Road, Leesburg, Virginia, in the Catoctin Election District. At the June 25, 2012 public hearing, the Planning Commission voted 9-0 to approve CMPT 2011-0009, Edwards Ferry Substation and to forward SPEX 2011-0026, Edwards Ferry Substation to the Board of Supervisors with a recommendation of approval. At the July 10, 2012 Board Public Hearing, the Board voted 5-1-3 (Delgaudio opposed and York, Clarke, and Letourneau absent) to send CMPT 2011-0009, SPEX 2011-0026, and SPMI 2011-0008 to the July 17, 2012 Board Business Meeting for action. The decision deadline is August 27, 2012.

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Supervisor Volpe moved that Board of Supervisors ratify the Planning Commission approval of CMPT 2011- 0009, Edwards Ferry Substation, based on the Special Exception and Commission Permit Plat dated September 13, 2011 and revised through 06/28/12 and with the Findings dated July 5, 2012.
Supervisor Volpe moved that the Board of Supervisors approve SPEX 2011-0026 and SPMI 2011-0008, Edwards Ferry Substation subject to the Conditions of Approval dated July 5, 2012 and based on the Findings dated July 5, 2012. (Consent Item) (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote.

16. ZRTD 2012-0003/Staverton West (Broad Run District)

Utica Building Owners Association proposes to rezone approximately 2.4 acres from the PD-IP under the 1972 Zoning Ordinance to the PD-IP under the Revised 1993 Zoning Ordinance to permit development of all principal and accessory uses. The property is located within the Route 28 Taxing District and within the Ashburn Community of the Suburban Policy Area. On May 23, 2012, the Planning Commission voted 8-0-1 (Syska absent) to recommend approval subject to the proffer statement. Staff also supports the application. At the Board of Supervisors Public Hearing on July 10 there were no speakers to address the proposal. There was no discussion and the Board voted 6-0-3 (York, Clarke and Letourneau absent) to forward the item to the Board Business Meeting of July 17, 2012.

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Supervisor Volpe moved that the Board of Supervisors approve ZRTD-2012-0003, Staverton West, subject to the Proffer Statement dated May 2, 2012, and based on the Findings for Approval. (Consent Item) (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote.)

17. SPMI 2012-0001/After School Program (Dulles District)

Dena and Kent Sommers of Chantilly, Virginia, have submitted an application for Minor Special Exception to modify the Additional Regulations of Section 5-609(a)(2) of the Revised 1993 Zoning Ordinance regarding Child Care Facilities to permit the expansion of a Child Care Home use within the Applicants’ residence in the PD-H4 (Planned Development-Housing), administered as R-8 (Single Family Residential) zoning district. The property is also located within the AI (Airport Impact) Overlay District, between the Ldn 60-65 aircraft noise contours. The application is subject to the Revised 1993 Zoning Ordinance and the proposed use is listed as a Permitted use under Section 3-503(A), subject to the Additional Regulations set forth in Section 5-609. The modification of Additional Regulations applicable to the proposed use is authorized by minor special exception under Section 5-600, Additional Regulations for Specific Uses, pursuant to which the Applicant requests a modification of Section 5-609(A)(2) in order to exclude resident children under the age of fourteen (14) when calculating the total number of children cared for (maximum enrollment of nine (9) non-resident children). The subject property is approximately 0.23 acres in size and is located on the south side of Barons Street (Route 2654), west of Quinlan Street (Route 2651), and north of Hallmark Street (Route 2653), at 43107 Barons Street, Chantilly, Virginia. The property is more particularly described as Tax Map Number 106/B45////70/ (PIN #129-16-1783). The area is governed by the policies of the Revised General Plan (Suburban Policy Area) which designate this area for Residential uses.

The application is presented directly to the Board of Supervisors for action and as a minor special exception does not require a Planning Commission hearing. At its regularly scheduled public hearing on July 12, 2012, the Board of Supervisors motioned to forward the application to the July 17, 2012 Board Business Meeting for action. Staff recommends approval subject to the conditions of approval. The decision deadline is July 17, 2012.

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Supervisor Williams asked for separation of the motion as follows:

Supervisor Letourneau moved that the Board of Supervisors deny SPMI 2012-0001, After School Program, LLC. (Seconded by Supervisor Delgaudio. The motion passed 5-2-2, Supervisors Reid and Williams voted no and Supervisors Higgins and York absent for the vote.)
Supervisor Letourneau moved that the issue specific to childcare in homes be forwarded to the Transportation and Land Use Committee for further discussion and review of the County’s policy. (Seconded by Supervisor Williams. The motion passed 7-0-2, Supervisors Higgins and York absent for the vote.)

Board Requests:

Supervisor Letourneau noted that Loudoun County’s ordinance was not consistent with the Commonwealth of Virginia’s ordinance. He expressed the importance of the Board having a policy discussion on what the ordinance should be as to whether it should be nine or twelve and if Loudoun should be consistent with the Commonwealth of Virginia’s ordinance.
Supervisor Delgaudio asked that staff take a look at what other surrounding jurisdictions were doing on this matter.
Supervisor Buona stated that there should be an adult to child ratio and that this was not regulated by the Revised 1993 Zoning Ordinance. He noted that the square footage should accommodate the children properly, but expressed the importance of proper adult supervisor and that this should also include the children who are residents of the home. He questioned whether Loudoun should align the County’s regulations with the State Code. He also asked about future fees for the applicant.
Several Board members commented on other citizens who may wish to enter into home type daycare and had expressed concern that the County may not having additional parameters on this issue.

18. ZRTD 2011-0007, SPEX 2011-0023, ZMOD 2012-0002/Beaumeade North Parcel (Broad Run District)

Equinix RP II, LLC, of Redwood City, California, has submitted an application to rezone approximately 85.87 acres from the PD-IP (Planned Development-Industrial Park) zoning district under the 1993 Zoning Ordinance to the PD-IP (Planned Development-Industrial Park) zoning district under the Revised 1993 Zoning Ordinance in order to permit the development of all principal and accessory uses permitted in the PD-IP zoning district under the Revised 1993 Zoning Ordinance at a maximum Floor Area Ratio (FAR) of 0.4 (up to 0.6 by Special Exception). The Applicant also has submitted an application for special exception (SPEX 2011-0023) to permit an increase in the maximum FAR from 0.40 to 0.60, within an approximately 44.43-acre portion of the PD-IP zoning district, and is requesting a modification (ZMOD-2012-0002) of Section 1-205(A) of the Zoning Ordinance to permit construction of a building without frontage on either a public road or a private access easement. The subject property is approximately 85.87 acres in size and is located on the west side of Loudoun County Parkway (Route 607), on the south side of Gloucester Parkway (Route 2150), and on the north side of the W&OD Trail, in the Broad Run Election District. At the June 27, 2012 Public Hearing, the Planning Commission voted 9-0 to forward ZRTD 2011-0007, Beaumeade North Parcel C, to the Board of Supervisors with a recommendation of approval, and to forward SPEX 2011-0023 and ZMOD 2012-0002 to the Board of Supervisors with a recommendation of Approval. At the July 10, 2012 Public Hearing, the Board of Supervisors voted 6-0-3 (Clarke, Letourneau, York – Absent) to forward the applications to the July 17, 2012 Business Meeting for action. Staff can recommend approval of these applications, subject to the Proffer Statement dated December 9, 2011, revised to July 6, 2012, and subject to the Conditions of Approval dated July 6, 2012, and based on the Findings for Approval.

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Supervisor Volpe moved that the Board of Supervisors approve ZRTD 2011-0007, Beaumeade North Parcel C, subject to the Proffer Statement dated December 9, 2011, revised to July 6, 2012, and with the Findings for Approval.
Supervisor Volpe further moved that the Board of Supervisors approve SPEX 2011-0023, Beaumeade North Parcel C, subject to the Conditions of Approval dated July 6, 2012, and with the Findings for Approval.
Supervisor Volpe further moved that the Board of Supervisors approve ZMOD 2012-0002, Beaumeade North Parcel C, subject to the Conditions of Approval dated July 6, 2012, and with the Findings for Approval. (Consent Item) (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Higgins absent for the vote.)

19. ZOAM 2012-0002/ Commercial and Industrial Zoning Ordinance Amendments

At the June 19, 2012 Business Meeting, the Board was provided a list of 14 priority issue topics identified by a Stakeholders Group, along with a brief description of the intent of the proposed amendment and an overview of Staff’s reaction to the proposals. The Board approved a Motion (8-0-1, York absent) at the June 19^th meeting requesting Chairman York to work with the Chair of the Transportation and Land Use Committee (TLUC) and Staff to develop a work program and process that takes into consideration time and resource constraints, the Planning Commission and Board comments, and direction raised at the June 19^th meeting, for approval of the Board in July. In addition, the approved Motion stated that staff be directed to return to the Board of Supervisors in July with a Resolution of Intent to Amend the Zoning Ordinance. Further, the Board forwarded the priority issue topics of amendments related to the CLI Zoning District and the formation of a ZOAG to the TLUC for further discussion.

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Supervisor Volpe moved that the Board of Supervisors adopt the Resolution of Intent to Amend the Revised 1993 Loudoun County Zoning Ordinance, included as Attachment 1 to the Supplemental Action Item for the July 17, 2012, Board of Supervisors Meeting, for the purpose of implementing Package 1 of the amendments. (Seconded by Supervisor Reid. The motion passed 7-0-2, Supervisors Higgins and York absent for the vote.)
Supervisor Letourneau stated that the Economic Development Committee meeting for July was cancelled and that he would assure that an agenda item for the ombudsman topic would be included on September Committee meeting agenda and would include a recommendation to the Board.

Board Requests:

Supervisor Volpe explained that the Zoning Ordinance Action Group would work with County staff to move forward and the goal was to have everything done in Package 1 by December 31, 2012. She said that if there were pieces that could be done quickly, those could be included on the September-October agenda on Package 1. She added that the more complicated items would take longer.
Supervisor Buona asked staff to consider when addressing and completing review of definitions in Item #11 and the Intent to Amend to ensure that both automotive service stations and motor vehicle service and repair light were reviewed to ensure the definitions are reflective of current business practices. (i.e. gas station that also serves as a service station).
Supervisor Letourneau asked that staff address the motorcycle sales issue as a use issue. He pointed out that if a car could be sold in a particular zoning district that a motorcycle should also be allowed to be sold in that district. He said that by changing the definition of motor vehicle, this issue could be resolved. He commented that he was hoping to make progress on some of the uses in the CLI (i.e. issue of facilities for dance lessons and similar activities) and said that there were separate set of rules in the CLI district. He asked staff to move forward with 3-4 issues and the rest could be addressed at a later date.
Supervisor Reid questioned the reasoning under Package 1 for reducing the buffer yard width and the value of this type of change.

AMENDMENTS:

20. BOARD MEMBER INITIATIVE: Zoning Concept Plan Amendment (ZCPA) to Amend Proffered Setbacks in the Ashbrier Community (Ashburn District)

(This item was initiated by Supervisor Buona.)
Supervisor Buona moved that the Board of Supervisors initiate a Zoning Concept Plan Amendment to amend existing proffered setbacks in the Ashbrier Community.
Supervisor Buona further moved that the Board of Supervisors direct staff to address and resolve any associated easement issues dealing with the setback amendments. (Seconded by Supervisor Volpe. The motion passed 7-0-2, Supervisors Higgins and York absent for the vote.)

21. BOARD MEMBER INITIATIVE: INTENT TO AMEND THE PLANNED DEVELOPMENT-MIXED USE BUSINESS (PD-MUB) DISTRICT WITHIN THE REVISED 1993 ZONING ORDINANCE TO ALLOW UTILITY SUBSTATIONS

(This item was initiated by Supervisor Williams.)
Supervisor Williams moved the Board of Supervisors adopt the Resolution of Intent to Amend the Revised 1993 Zoning Ordinance dated July 17^th 2012, and direct staff to prepare a zoning ordinance text amendment to add “Utility Substation” as a use in the PD-MUB (Planned Development-Mixed Use Business) Zoning District and, specifically, to add “Utility Substation, Dedicated” and “Utility Substation, Distribution” as a Permitted (by-right) use in the PD-MUB and “Utility Substation, Transmission” as a Special Exception use in the PD-MUB.
Supervisor Williams further moved that the Board of Supervisors direct and authorize Staff to accept and process all required zoning applications for the Dominion Virginia Power Kincora Village Center Substation concurrently with the said PD-MUB text amendment. (Seconded by Supervisor Volpe. The motion passed 7-0-2, Supervisors Higgins and York absent for the vote.)

- Closed session

Vice Chairman Clarke moved that pursuant to Section 2.2.3711 of the Code of Virginia, the Loudoun County Board of Supervisors recess the public meeting and enter into closed session. The authority for the closed session is Section 2.2.3711(A), Subsection (3). The purpose of the closed session is discussion of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. The subject of the closed session is the disposition of a parcel of County-owned land in the Ashburn Area.
In addition, the authority for this closed session is Section 2.2.3711(A), Subsection (7). The purpose of the closed session is consultation with legal counsel on pending litigation and specific legal matters requiring the provision of legal advice by counsel. The subjects of the closed session are:

Board of Supervisors vs. Balic;
T-Mobile vs. Board of Supervisors;and
Legal advice concerning holiday displays on the courthouse grounds.

(Seconded by Supervisor Letourneau. The motion passed 8-0-1, Supervisor Higgins absent for the vote.)
Vice Chairman Clarke moved that the Board of Supervisors adjourn the closed session and that the Board of Supervisors 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 Volpe. The motion passed 8-0-1, Supervisor Higgins absent for the vote. )
Vice Chairman Clarke further moved that the Resolution Certifying the Closed Session be adopted and reflected in the Minutes of this public meeting. (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Higgins absent for the vote.)

Resolution Certifying Closed Session

WHEREAS, the Loudoun County Board of Supervisors, this 17^th day of July 2012, convened 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.

- CONTRACT FOR SALE OF COUNTY LAND

Supervisor Buona moved that the Board of Supervisors:

direct staff to enter into negotiations for a contract of sale of County land based on the offer letter received July 10, 2012 from TRW #12 LLC and;
Place the consideration of this offer on the September Public Hearing agenda. (Seconded by Supervisor Williams. The motion passed 8-0-1, Supervisor Higgins absent for the vote.)

- SETTLEMENT OF BOARD OF SUPERVISORS V. BALIC

Vice Chairman Clarke moved that the Board of Supervisors authorize the County Attorney to settle Board of Supervisors v. Balic as set out in the draft order. (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Higgins absent for the vote.)

- Other Board Requests:

Supervisor Reid requested that a letter be sent on the Board’s behalf to “Visit Loudoun” and the Northern Virginia Regional Parks Authority (NVRPA) to solicit their comments and help prior to the September Board Meeting. He asked if the Vice Chairman could speak to the Chairman regarding the letter and to request that the letter include the question of the willingness of the NVRPA to take over the operation of the Museum and for “Visit Loudoun” to help with advisement, marketing and fund raising. He added that “Visit Loudoun” to look into whether Restricted Transit Occupancy Tax funds.
Tim Hemstreet, County Administrator, offered to send the letter.
The Board agreed to direct Mr. Tim Hemstreet, to send a letter to “Visit Loudoun” and Northern Virginia Regional Parks Authority regarding Loudoun Museum.

Posted in: July 2012

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Action Report of the July17, 2012 Board of Supervisors’ Business Meeting

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