Action Report of the September 4, 2013 Board of Supervisors’ Business Meeting

Posted on September 9, 2013

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– ADOPTION OF CONSENT AGENDA

  • Supervisor Buona moved that the Board of Supervisors adopt the following items on consent: #3, #4, #5, #6, #7, #8, #9, #10, #12, as amended, #13, #14, #16, #17, #22, and #23.  (Seconded by Supervisor Reid. The motion passed 9-0.)

– Chairman’s Information Items 

  • Chairman York announced that he was working with John Sandy, County Administration, regarding the preparation of the Board’s Legislative Program for the 2014 Virginia General Assembly Session.  He discussed scheduling a luncheon with the Loudoun County Virginia Delegation members and any members-elect for Tuesday, November 19, 2013.  He wishes to extend on behalf of the Board invitations to the delegation and delegation members-elect, for pertinent County staff, and Jeff Gore and Roger Wiley (Hefty and Wiley, PC) to brief the members.  He hoped that the Board would work on their ideas for bill drafts in time for the luncheon and in order to have these legislators introduce them on the County’s behalf.  He added that he anticipated final adoption of the legislative package, subject to a few amendments moving forward, the first business meeting in November.  He asked if there were any Board concerns to please contact him offline.

1. Briefing Item: Land Development Applications September 11, 2013 Public Hearing

On March 3, 2009, the Board of Supervisors amended its Land Development Policies to institute a briefing of the upcoming cases prior to each public hearing. Supervisors will already have the staff reports for the September Public Hearing. The purpose of this item is to solicit any Supervisor questions or comments concerning the land use applications scheduled for the Public Hearing so staff can respond at the hearing. Summaries of the applications are attached to the item.

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  • John Merrithew, Department of Planning, briefed the Board on the land development applications for the September 11, 2013 Board of Supervisors’ Public Hearing. He stated that the September agenda included five (5) land use applications and one (1) Agricultural District renewal that have been reviewed by the Planning Commission and summarized in Attachment 1. A proffer appeal in the Lansdowne development was also scheduled for the September 11th public hearing. None of the applications, to date, have been controversial. The proposed Arcola Center rezoning and concept plan amendment was the most complex of the applications and the only one that includes a residential component. Staff raised two issues at the Planning Commission Hearing related to the provision of Affordable Dwelling units and Unmet Housing Needs. All of the Planning Commission and Staff concerns had been resolved on the revised Concept Plan or in the Proffer Statement dated July 12, 2013.
  • The remaining cases include a zoning conversion and an amendment to an approved Special Exception, neither of which had any associated issues. The Ashburn Village Center proffer amendment also had no issues. The Ashburn Village Center proffer amendment was a Board initiated application that will allow the applicant to contribute cash to a County project and complete Russell Branch Parkway between Ashburn Village Boulevard and Claiborne Parkway sooner than would have occurred under the current proffer, which called for the applicant to build a portion of the road. The final application was the expansion of an existing electrical substation complex adjacent the W&OD Trail and Cochran Mill Road. If approved, this application will provide some or all of the right of way for a trail connection between the W&OD trail and Phil Bolen Park. He also updated the Board on the ZOAM’s which were currently before the Planning Commission which included a childcare facility, the JLMA utilities change, data centers in the Route 28 Zoning Implementation. He noted the ZOAM’s were in Subcommittee with the Planning Commission, but envision finishing the work towards the end of September. He said that these ZOAM’s would be ready for the November Board Public Hearing.

2. Route 15 Mobile Weight Enforcement Pull-Off Area Concepts & Cost Estimates

On July 3, 2013, the Loudoun County Board of Supervisors adopted a resolution requesting the Department of Motor Vehicles to conduct a study to determine the cost of widening and lengthening the current mobile weight enforcement turnout/pull-off on Route 15 at the Loudoun County Lucketts location. The resolution requested DMV to report back to the Board of Supervisors at the September 4, 2013 business meeting. DMV representatives will present the concept and cost to the Board.

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  • Michael Baxter, Director of Virginia Department of Motor Vehicles/Motor Carrier Size and Weight Services, made a brief presentation to the Board regarding the Route 15 Mobile Weight Enforcement Pull-Off Area Concepts and Cost Estimates.
  • Supervisor Reid moved that the Board of Supervisors support Option #2 and that the Board of Supervisors forward a letter to the Virginia Department of Transportation on the Board’s behalf.  (Seconded by Supervisor Higgins. The motion passed 9-0.) 

3. Resolution of Commendation for Danielle Levin on Earning the Girl Scout Gold Award

The Girl Scout Gold Award is the highest honor achievable by a Girl Scout. Danielle Levin from Troop 3580 earned the Gold Award for outstanding accomplishments in the areas of leadership, community service, and career planning and personal development. The final step in achieving this honor is the project which requires a minimum of 80 hours of work over the course of a year and is an extension and compilation of all the scout has learned in Girl Scouting.

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  • (This item was initiated by Supervisors Buona and Williams.)
  • Supervisor Buona moved that the Board of Supervisors approve the Resolution of Commendation for Danielle Levin recognizing her achievement of earning the Girl Scout Gold Award. (Consent Item) (Seconded by Supervisor Reid.  The motion passed 9-0. )

4. Resolution of Commendation for Eagle Scout Connor Bryant, Troop 1158 of Ashburn, Virginia

Supervisor Buona is bringing forward a Resolution of Commendation for Connor Bryant on achieving the rank of Eagle Scout.

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  • (This item was initiated by Supervisor Buona.)
  • Supervisor Buona moved that the Board of Supervisors approve the Resolution of Commendation for Connor Bryant, Troop 1158 of Ashburn, Virginia, recognizing his attainment to the rank of Eagle Scout. (Consent Item) (Seconded by Supervisor Reid. The motion passed 9-0.)
  • The Resolution of Commendation will be presented at a future date.

5. Resolution of Respect for Don Rose

The Town of Purcellville and Western Loudoun have come together to honor the life and accomplishments of Don Rose. Don was highly involved in the development of youth sports opportunities for youth in Loudoun County for well over 30 years. Because of his great work the Babe Ruth World Series, the first Babe Ruth World Series was held in Loudoun County and has been hosted by Loudoun County every three years. This August will represent the 6th Babe Ruth World Series to be hosted by Loudoun County.

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  • (This item was initiated by Supervisor Clarke.)
  • Supervisor Buona moved that the Board of Supervisors approve the Resolution of Respect for Mr. Don Rose. (Consent Item) (Seconded by Supervisor Reid.  The motion passed 9-0. )
  • The Resolution of Respect was presented to the family of Don Rose.

6. Resolution of Commendation for Eagle Scout John Alworth Craig

Supervisor Volpe is bringing forward a Board initiated item that recommends that the Board of Supervisors adopt a Resolution of Commendation recognizing John Alworth Craig of Troop 572, Sterling, Virginia, Boy Scouts of America for achieving the rank of Eagle Scout.

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  • (This item was initiated by Supervisor Volpe.)
  • Supervisor Buona  moved that the Board of Supervisors approve this Resolution of Commendation for John Alworth Craig, Troop 572, Sterling, Virginia, recognizing his attainment of the rank of Eagle Scout and that this resolution be made part of the permanent record of Loudoun County. (Consent Item) (Seconded by Supervisor Reid. The motion passed 9-0.) 
  • The Resolution of Commendation was presented to Eagle Scout John Alworth Craig.

7. Resolution of Commendation to the Rotary Club of Sterling

Supervisor Volpe is bringing forward a Board initiated item that recommends approval of this Resolution of Commendation by the Rotary Club of Sterling for 25 years of faithful service to communities of the Greater Sterling Area.

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  • (This item was initiated by Supervisor Volpe.)
  • Supervisor Buona moved that the Board of Supervisors approve the Resolution of Commendation for the Rotary Club of Sterling for 25 years of faithful service. (Consent Item) (Seconded by Supervisor Reid. The motion passed 9-0.)
  • The Resolution of Commendation was presented to a representative of the Rotary Club of Sterling.

8.         Resolution of Appreciation to Falcon’s Landing

This Resolution of Appreciation is to honor Falcon’s Landing’s dedication to provide charitable services to their local community. The residents of Falcon’s Landing show their dedication through a wide variety of activities and programs that touch all age groups.

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  • (This item was initiated by Supervisor Volpe and Chairman York.)
  • Supervisor Buona moved that the Board of Supervisors approve the Resolution of Appreciation for Falcons Landing. (Consent Item) (Seconded by Supervisor Reid.  The motion passed 9-0.)
  • The Resolution of Appreciation will be presented at a future date.

9. Proclamation Declaring September 8-14, 2013 as Suicide Prevention Week  

This Proclamation recognizes suicide as a public health problem, and suicide prevention as a critical responsibility, and designates September 8-14, 2013 as “Suicide Prevention Week” in Loudoun County.

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  • (This was initiated by Chairman York.)
  • Supervisor Buona moved that the Board of Supervisors proclaim September 8-14, 2013 to be “National Suicide Prevention Week” and call this observance to the attention of all Loudoun County citizens. (Consent Item) (Seconded by Supervisor  Reid. The motion passed 9-0.)

10. Proclamation Recognizing the 55th Anniversary of N.J. Sullivan’s Founding and 35th Anniversary as a Loudoun Company

Chairman York, Vice Chairman Williams, and Supervisor Volpe are requesting that the Board of Supervisors approve a proclamation recognizing the 55th anniversary of N.J. Sullivan’s founding and the 35th Anniversary as a Loudoun Company and the Significance they make in Loudoun County as a Business and Employer.

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  • (This was initiated by Chairman York, Vice Chairman Williams and Supervisor Volpe)
  • Supervisor Buona moved that the Board of Supervisors approve the Proclamation of Recognition in celebration of N.J. Sullivan’s 55th year of its founding and 35th Anniversary here in Loudoun County and to show support for all they contribute to Loudoun County as a business and an employer.  (Consent Item) (Seconded by Supervisor Reid.  The motion passed 9-0.)

11. APPOINTMENTS

Confirmations

  • There were no confirmations from the 7-17 meeting.

Nominations

Commission on Aging

  • Supervisor Clarke nominated Kim Adams.

Commuter Bus Advisory Board

  • Supervisor Clarke nominated Jay Bose.

 

Loudoun Health Council

  • Vice Chairman Williams nominated Candace Strother as the healthcare professional representative.

 

OPEB Investment Committee

  • Supervisor Buona nominated John Scott Walbert.

County Transportation Safety Improvement Commission

  • Supervisor Volpe nominated Douglas Magrath

Community Policy and Management Team (CMPT)

  • Chairman York nominated Scott Zieter as the provider representative.
  • Chairman York nominated Ellen Ryder as the parent representative.
  • Chairman York moved that the Board of Supervisors suspend the rules. (Seconded by Supervisor Reid. The motion passed 9-0.)
  • Chairman York moved that the Board of Supervisors confirm Scott Zieter as the provider representative and Ellen Ryder as the parent representative for the Community Policy and Management Team. (Seconded by Supervisor Buona.  The motion passed 9-0)

12. Administrative Items Report of September 4, 2013

This Report contains the following items for the Board of Supervisors approval on September 4, 2013: Budget Adjustments; Board of Supervisors Minutes; Deeds for Approval; Request for the Board of Supervisors’ Approval of Additional FTE (4.00 FTE) in the Department of Mental Health, Substance Abuse and Developmental Services; Memorandum of Agreement for Integrated Public Alert and Warning System (IPAWS); Installation of Traffic Calming Measures in Richland Acres Subdivision; Identification of Proffer Funding for the Design and Construction of a Traffic Signal at the Intersection of Gloucester Parkway and Smith Switch Road/Ashby Pond Boulevard; Use of Animal Program Trust Fund to Support the C.A.R.E. Medical Services Program; Grant of Easement over County Property-Philip A. Bolen Park (Loudoun County Maintenance and Admin. Buildings); Request for a Reduction in Force (RIF) of 1.0 FTE in the Department of General Services Fleet Management Division; Secondary Road Addition-Broadlands Sect 23 Block 2; Secondary Road Addition-Estates at Elk Run, Sections 1 & 2; Secondary Road Addition – The Grange at Willowsford-Founders Drive, 1A, 1B & 2; Secondary Road Addition – Northwoods Road Phase 1; Secondary Road Addition – Ridgeview Estates; Secondary Road Addition – Villages of Waxpool, Section 2.

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  • Supervisor Buona moved that the Board of Supervisors approve the Administrative Items Report of September 4, 2013, as amended (to include correction to BA-724394 in the summary section with no change in General Fund Balance).  (Consent Item) (Seconded by Supervisor Reid. The motion passed 9-0. )

 

Budget Adjustments

  • The Board moved to approve the FY2014 budget adjustment as set out in the September 4, 2013 Administrative Items Report.

Board of Supervisors’ Minutes

  • The Board moved to approve the January 16th, February 6th, March 6th, March 20th, April 3rd,April 17th, May 1st, May 15th, June 5th, June 19th, July 3rd, and July 17, 2013 Board Business Meeting Minutes, the January 9th, February 13th, March 13th, March 25th, April 10th, May 8th,June 12th, July 10th and July 17, 2013 Public Hearing Minutes.
  • The following Committee Summaries are included in the Board’s Packet:
    • Transportation and Land Use Committee Report: 01-11-13
    • Finance/Government Services & Operations Committee Reports: 05-14-13; 06-18-13; 07-09-13
    • Joint Board of Supervisors & School Board Committee Report: 03-07-13

Deeds for Approval

  • The Board moved to approve the following deeds:
    • BLAD 2013-0002/DTC Route 28 Commuter Parking Lot;
    • CPAP 2006-0071/Raspberry Falls Section D1 – Golf Cart Trails
  • Agreement for Maintenance of Pedestrian Trails within Right-of-Way, required for VDOT acceptance of Briarberry Place;
    • ESMT 2013-0026/Round Hill Mountain Valley, Phase 1, Lots 6 & 7
    • ESMT 2013-0042/Belmont Glen Village Chase 2C Lots 15 & 16

 

Request for the Board of Supervisors’ Approval of Additional FTE (4.00 FTE) in the Department of Mental Health, Substance Abuse and Developmental Services

  • The Board moved to approve 4.00 FTE and approve the Budget Adjustment #721643 for the Department of Mental Health, Substance Abuse and Developmental Services to estimate additional Medicaid revenue of $195,900 and appropriate expenditures of $195,900 for three Care Coordinators (3.00 FTE) and estimate additional Part C Early Intervention for Infants and Toddlers with Disabilities federal funding of $164,507 and appropriate expenditures of $164,507 for one Physical Therapist position (1.00 FTE) and program operating needs.

Memorandum of Agreement for Integrated Public Alert and Warning System (IPAWS)

  • The Board of Supervisors moved to approve the Memorandum of Agreement between the County of Loudoun, VA and the Federal Emergency Management Agency Integrated Public Alert and Warning System (IPAWS) Program Management Office.

Installation of Traffic Calming Measures in Richland Acres Subdivision

  • The Board of Supervisors moved to request that VDOT approve the implementation of the Traffic Calming Plan for the Richland Acres Subdivision.

Identification of Proffer Funding for the Design and Construction of a Traffic Signal at the Intersection of Gloucester Parkway and Smith Switch Road/Ashby Pond  Boulevard

  • The Board of Supervisors moved to direct staff to prepare a BA authorizing the transfer of $75,584 from ZMAP-2002-0016, Sequence Number 99065905 to fund the signal warrant study and design of a traffic signal at the intersection of Gloucester Parkway and Smith Switch Road/Ashby Ponds Boulevard.

Use of Animal Program Trust Fund to Support the C.A.R.E. Medical Services Program

  • The Board of Supervisors moved to approve BA 738927 which estimates and appropriates $10,000 from the Animal Program Trust Fund to the Department of Animal Services to provide funding for the C.A.R.E. Medical Services Program.

Grant of Easement over County Property-Philip A. Bolen Park (Loudoun County Maintenance and Admin. Buildings)

  • The Board of Supervisors moved to approve the requested grant of easement to Washington Gas Light Company as shown on the drawing No. BCA-85582-1, dated 2/13/2013, entitled, “Lo Co Maint and Admin Bldgs Loudoun Center Place”, and that the Chairman, Vice-Chairman, and County Administrator be authorized to execute the Deed of Easement or other form of easement acceptable in form to the County Attorney.

Request for a Reduction in Force (RIF) of 1.0 FTE in the Department of General Services Fleet Management Division

  • The Board of Supervisors moved to approve the RIF of 1.0 FTE Program Assistant for the Department of General Services and approve BA# 723414.

Secondary Road Addition-Broadlands Section 23 Block 2

  • The Board of Supervisors moved to approve the resolution.

 

Secondary Road Addition-Estates at Elk Run, Sections 1 & 2

  • The Board of Supervisors moved to approve the resolution.

Secondary Road Addition-The Grange at Willowsford – Founders Drive, 1A, 1B & 2

  • The Board of Supervisors moved to approve the resolution.

Secondary Road Addition- Northwoods Road Phase 1

  • The Board of Supervisors moved to approve the resolution.

 

Secondary Road Addition-Ridgeview Estates

  • The Board of Supervisors moved to approve the resolution.

Secondary Road Addition-Villages of Waxpool, Section 2

  • The Board of Supervisors moved to approve the resolution.

Secondary Road Addition – CORRECTION – Townes of Eastgate – Single Family Section

  • The Board of Supervisors moved to approve the corrected resolution.

13. VDOT FY14-19 Secondary Road Six-Year Plan and FY14 Construction Improvement Budget Priority List

The Board of Supervisors held joint public hearings with the Virginia Department of Transportation (VDOT) on July 10, 2013 and July 127, 2013 on the proposed FY 2014 – FY 2019 Secondary Road Six-Year Plan and the FY 2014 Budget Priority List. The purpose of the public hearings was to allow Loudoun citizens an opportunity to review the proposed Plan and offer comments on additions, deletions or changes in priorities. The Board of Supervisors’ role is to determine which projects to include in the Plan as well as to set funding priorities. Staff recommends that the Board of Supervisors approved the proposed FY 2014 – FY 2019 Secondary Road Six-Year Plan and the FY 2014 Budget Priority List.

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  • Supervisor Buona moved that the Board of Supervisors approve the Virginia Department of Transportation’s FY 2014 – FY 2019 Secondary Road Six-Year Plan and the FY 2014 Budget Priority List as presented in the September 4, 2013 staff report, and authorize the County Administrator to execute the documents on behalf of the County. (Consent Item) (Seconded by Supervisor Reid.   The motion passed 9-0. )

14. Emergency Contract Award/ Local Fixed Route Transit Service  

A February 1, 2013 letter from the Virginia Department of Rail and Public Transportation (DRPT) confirmed that under the 2010 census models, Loudoun County falls almost entirely within the Washington, D.C. urbanized area (UZA), and that effective October 1, 2013 most of the current Loudoun County and Leesburg transit routes operated by Virginia Regional Transit (VRT) will no longer qualify for FTA 5311 funding for rural areas. Only the Purcellville Connector fixed route and the three rural on-demand routes that operate primarily in western Loudoun will remain eligible for the FTA funding. VRT’s federal funding remains in place through the end of the federal fiscal year, September 30, 2013. Furthermore, with this change in federal funding designation, VRT is no longer an eligible recipient of state operating or capital grant funds for these urban routes. The County and Town of Leesburg are now the designated recipients, and have applied for FY 2014 state operating assistance grants from the Virginia Department of Rail and Public Transportation (DRPT) in early February. The County’s projected State operating grant funding (for the VRT service in the urban designation) for FY 2014 is $573,022.00. As the designated recipient, Loudoun County will now be responsible for receiving, distributing, and accounting for all state funds. The County grant application was made separately from the commuter bus application, and does not negatively impact FY2014 funds for the commuter bus system. With the loss of the federal funding, the Board of Supervisors approved an enhancement of $495,903.00 of local tax funding to maintain the existing level of local fixed route transit services in FY 2014. Effective October 1, 2013, these transit services are required to become a County contracted service under an emergency contract with VRT. There is sufficient funding appropriated in the FY 2014 Adopted Fiscal Plan, for which no further appropriation is required for the associated contract with VRT for local fixed urban route transit services from October 1, 2013 through June 30, 2014. It should be noted that funding is derived from various sources including local gasoline tax revenue, state operating assistance grant funding, local tax funding, public-private cost share agreements, and bus rider fare and advertising revenue. Staff recommends that the Board of Supervisors authorize the Purchasing Agent to award a nine-month emergency contract for Local Fixed Urban Route Transit Services to Virginia Regional Transit (VRT) in the estimated amount of $2,988,626.00.

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  • Supervisor Buona moved that the Board of Supervisors authorize the Purchasing Agent to award a nine month emergency contract for Local Fixed Urban Route Transit Services to Virginia Regional Transit (VRT) in an amount not to exceed $2,988,626.00. (Consent Item) (Seconded by Supervisor Reid.   The motion passed 9-0. )

 

15. ZMAP 2012-0009 /Avonlea Reserve (DULLES DISTRICT)

Toll Brothers of Ashburn, Virginia, has submitted an application to rezone approximately 27.88 acres from the R-1 (Single Family Residential) and CLI (Commercial Light Industry) zoning districts to the R-8 (Single Family Residential) zoning district in order to develop up to 109 single family attached dwelling units at a density of 3.9 dwelling units per acre. This application is subject to the Revised 1993 Zoning Ordinance. The Planning Commission voted 8-0-1 (Salmon absent) to forward the application to the Board of Supervisors with a recommendation of approval subject to the draft proffer statement dated March 19, 2013. Staff can concur with the Commission’s recommendation of approval of the rezoning upon resolution of the unmet housing needs issue. On July 10, 2013, the Board conducted a public hearing on the Avonlea Reserve rezoning application. No members of the public spoke in reference to the application. Board members discussed the importance of a complete four lane roadway for Tall Cedars Parkway, and the unmet housing needs proffer. Supervisor Letourneau requested that the Applicant assist in completing construction of the two westbound lanes. In lieu of the full unmet housing needs contribution, Supervisor Letourneau also suggested that the Applicant make a comparable alternate contribution. The Board voted 8-0-1 (Buona absent) to forward the application to the September 4, 2013 Business Meeting. The Critical Action Date for this application is September 4, 2013.

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  • Supervisor Letourneau moved that the Board of Supervisors approve ZMAP-2012-0009, Avonlea Reserve, subject to the Proffer Statement dated August 29, 2013, and based on the Findings in the September 4, 2013 Action Item.
  • Supervisor Letourneau further moved that staff be directed to prepare an amendment to the 2013-2018 Capital Improvement Plan to include the construction of the eastern portion of Tall Cedars Parkway between Riding Center Drive and Pinebrook Road, specifically the northern half section which will provide two complete westbound lanes . This project is to be added to the current County project for the western portion of Tall Cedars Parkway in order to realize cost and time savings.
  • Supervisor Letourneau further moved that staff be directed to address the specific timing assignment of design plans, identification of available proffers and total cost to complete the project when the CIP amendment is forwarded for Board action.  (Seconded by Supervisor Clarke. The motion passed 9-0.)

16. CMPT-2013-0003/AT&T Mobility (CATOCTIN DISTRICT)

AT&T Mobility of Columbia, Maryland, has submitted an application for Commission approval to permit the installation of up to 12 telecommunication panel antennas and associated equipment at an existing granary at the Loudoun County Milling Company in the RC (Rural Commercial) zoning district. This application is subject to the Revised 1993 Zoning Ordinance and requires a Commission Permit in accordance with Sections 5-618(A) and 6-1101. The application was reviewed and approved by the Planning Commission on July 16, 2013 (7-0-2, Ryan, Salmon absent). No one from the public spoke. Staff recommends that the Board ratify the Planning Commission approval of the application.

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  • Supervisor Buona moved that the Board of Supervisors ratify the Planning Commission approval of CMPT-2013-0003, AT&T Mobility, based on the Findings for Approval dated July 16, 2013 and subject to the Commission Permit Plat dated February 11, 2013, revised through June 11, 2013. (Consent Item) (Seconded by Supervisor Reid.   The motion passed 9-0.)

17. Proposed Changes to Board of Supervisors’ Minutes

The County Administrator is responsible for recording the official actions of the governing body and recording the vote of the each member of the Board. There is no specific guidance on how detailed minutes should be prepared. Staff recommends the Board give authorization to revise the current format of Board minutes to reduce the amount of detail provided for the Public Input and Board Comment portions of the meeting. The webcast posted online will continue to serve as the complete record of discussions occurring at a Board meeting.

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  • Supervisor Buona moved that the Board of Supervisors direct staff to revise the format of minutes maintained as the official record of action by the Board of Supervisors as described in this action item.
  • Supervisor  Buona further moved that this change be effective for all meetings subsequent to January 1, 2014. (Consent Item) (Seconded by Supervisor  Reid.  The motion passed 9-0.)

18. Request from Supervisor Delgaudio for Expenditure of District Funds  

Supervisor Eugene Delgaudio requests authorization from the Board of Supervisors to use a total of $17,295 of Sterling District Funds for the design, printing and mailing of 3 district newsletters in FY2014. Newsletter one will promote fire safety, Sterling Fest on October 12 and Columbus Day parade. Newsletter two will promote the consideration of the budget process and work sessions, budget hearings and accomplishments of the board’s policies for reform or budget reductions along with zoning laws and complaint procedures and promote quarterly sheriff’s meeting. Newsletter three will advance the teen job fair and adult job fair along with listing of companies and dates for garbage pickup, and quarterly sheriff’s meeting.

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  • Supervisor Delgaudio moved that the Board of Supervisors approve the use of approximately $17,295 in Sterling District Funds for the design, printing, and mailing of three newsletters for the Sterling District in FY2014, as described in this item.
  • Supervisor Delgaudio further moved that the Board of Supervisors approve the stipulation that the entire contents of each newsletter be submitted in advance of publication as an information item at a Board meeting prior to distribution of the newsletter.  (Seconded by Supervisor Clarke.) (This motion did not receive a vote.)
  • Supervisor Reid moved a substitute motion that the Board of Supervisors approve the funding of one four-page newsletter for the Sterling District office to be reviewed by Public Affairs in advance to maximum cost of $6,000 including postage, printing, mailing and creative costs. (Seconded by Supervisor Letourneau.)
  • Supervisor Reid amended his substitute motion to include after creative costs “until December 31, 2013.”
  • Supervisor Reid accepted Supervisor Buona’s friendly amendment that this be one newsletter for the duration of the current fiscal year (ending June 30, 2014).
  • Supervisor Reid accepted Supervisor Higgins’ friendly amendment that the Board of Supervisors review the Sterling District newsletter prior to publication.
  • Supervisor Reid did not accept Supervisor Delgaudio’s friendly amendment that the direction of the Board is to follow the current proposed bids as part of the item to allow Supervisor Delgaudio the appropriate time to publicize Sterlingfest.
  • Supervisor Delgaudio moved a friendly amendment to allow for vendors that have participated in the lowest bid process to be included in this item.   (This motion died due to a lack of a second.)
  • Chairman York restated the substitute motion, as amended, as follows:
  • “Supervisor Reid moved a substitute motion that the Board of Supervisors approve the funding of one four-page newsletter for the Sterling District office in Fiscal Year 2014, to be reviewed by Public Affairs and the Board of Supervisors in advance, with a maximum cost of $6,000 including postage, printing, mailing and creative costs.” (Seconded by Supervisor Letourneau.)
  • Voting on Supervisor Reid’s substitute motion, as amended:  Supervisors Delgaudio, Higgins, Letourneau, Reid, Volpe, and Williams – Yes; Supervisor Buona –No; Supervisors Clarke and York – Abstained.
  • Supervisor Reid moved that the Board of Supervisors authorize the transfer of $6,160 from the Sterling District budget to the Chairman’s Office budget for full reimbursement of costs incurred for a mailing of notification of the status of the Sterling District services this past July.  (Seconded by Supervisor Volpe. The motion passed 7-0-2, Supervisors Delgaudio and Clarke abstained.)

19. Board Member Initiative: Business Friendly COMPREHENSIVE PLAN AMENDMENT (CPAM)

Supervisor Volpe is bringing forward a Board initiated item that recommends that the Board of Supervisors direct staff to initiate a Comprehensive Plan Amendment to coincide with the Business-Friendly Zoning Ordinance Amendments, taking effect, systematically, on a district by district basis beginning with the priority deemed by the Board.

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  • (This item was initiated by Supervisor Volpe.)
  • Supervisor Volpe moved that staff be directed to prepare a workplan and timeline for a Comprehensive Plan Amendment regarding the business friendly zoning ordinance amendments,  including the development of recommendations for the CLI district, and bring that back to the Board of Supervisors for review and further direction no later than the first business meeting in October.  (Seconded by Chairman York.)
  • Chairman York asked staff to provide the Board a Strategic Plan Update at the first business meeting in October so that the Board would have a full understanding of any potential work program impact.
  • Supervisor Volpe’s motion passed 9-0.

20. Board Member Initiative: Initiation of Stakeholders Group to Review the Affordable Housing Program and Loudoun County Housing Needs

Supervisor Volpe is recommending that the Board of Supervisors increase the qualifying net worth threshold of the Tax Relief for the Elderly and Disabled Program. Qualifying applicants in the 440,001-$500,000 range will receive 50% relief in real estate taxes. Qualifying applicants in the $500,001-$550,000 range will receive 25% relief in real estate taxes.

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  • (This item was initiated by Supervisor Volpe.)
  • Supervisor Volpe moved that the Board of Supervisors direct that a Stakeholders Group be created, consisting of the Chair and Vice-Chair of the Loudoun County Planning Commission, the members of ADUAB, at least two recipients/participants of existing County Housing programs, a representative of the Housing Advisory Board, and two real estate agents, who have worked with applicants in existing programs. The County Administrator is directed to select the participants, not otherwise identified above, and notify them of their appointment to the Stakeholder Group. Staff is further directed to prepare a work program to support the Stakeholder Group and to provide that to the Board of Supervisors for their review. The Stakeholders Group should report back recommendations to the Board of Supervisors no later than February 2014. (Seconded by Supervisor Letourneau. )
  • Supervisor Volpe did not accept Supervisor Reid’s friendly amendment to add a representative from each of the towns.
  • Supervisor Volpe’s motion passed 9-0.

21. Board Member Initiative: Intent to Amend Chapter 872 of the Codified Ordinances of Loudoun County/Real Estate Tax Relief for the Elderly or Totally and Permanently Disabled  

Supervisor Volpe would like to initiate a Stakeholders Group to review these housing programs to determine their sustainability, viability, and efficiency. The County must look at alternatives to best provide for housing needs for both affordable and workforce housing. This Stakeholders Group should consist of the Chair & Vice-Chair of the Loudoun County Planning Commission, the ADUAB, at least two recipients of each of the programs (for real world experience in going through the process), and two real estate agents, who have worked with applicants in the program.

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  • (This item was initiated by Supervisor Volpe.)
  • Supervisor Volpe moved that the Board of Supervisors direct that Chapter 872 of the Codified Ordinance of Loudoun County Real Estate Tax Relief for the Elderly or Totally and Permanently Disabled be amended to increase the maximum qualifying net worth threshold by $110,000 (from $440,000 to $550,000). Qualifying applicants in the $440,000.01-$500,000 range will receive a 50% relief in real estate taxes. Qualifying applicants in the $500,000.01-$550,000 range will receive 25% relief in real estate taxes.
  • (Seconded by Supervisor Reid.) (This motion did not receive a vote.)
  • Supervisor Buona moved a substitute motion that the Board of Supervisors forward this item to Finance/Government Services and Operations Committee for further review. (Seconded by Supervisor Letourneau.  The motion passed 9-0.)

Board Requests:

  1. Supervisor Buona requested that Board members forward him any suggestions/recommendations on this item prior to the Finance/Government Services and Operations Committee meeting.

22. Board Member Initiative: Waterford Deed Conveyance (INFORMATION)

Recent changes in state law – as requested by the Board – will authorize the transfer of the Commonwealth’s interest in the real property of the former Town of Waterford to the County of Loudoun. Once that occurs, Loudoun is authorized to vacate streets, alleys, and public rights-of-way. A deed from the Commonwealth is anticipated shortly, at which time the County Attorney will bring forward an item to the Board for acceptance. Supervisor Higgins has been meeting with the Waterford community to discuss this process.

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  • (This item was initiated by Supervisor Higgins.)
  • This item was for information only and no Board action was necessary.      

23.Board Member Initiative: Request for VDOT Study on Alternatives to Route 50 Alignment of the Dulles Air Cargo, Passenger, and Metro Access Highway (dulles and blue ridge districts)

This item request the Virginia Department of Transportation (VDOT) include alternatives to the Route 50 alignment of the Dulles Air Cargo, Passenger, and Metro Access Highway, which is a limited-access highway proposed by the Federal Highway Administration (FHA) to improve access to the western side of Dulles International Airport. Specifically, this item requests that an additional alternative be considered along Route 50 that would allow for express and local lanes on Route 50, maintaining access to neighborhoods for residents, while allowing airport traffic to free flow. This alignment has already been submitted to VDOT as part of comments made my by the Washington Airports Task Force. VDOT needs an official Board request to incorporate this alternative into its current study. This item does not imply support for any alignment of the Dulles Air Cargo, Passenger, and Metro Access Highway.

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  • (This item was initiated by Supervisors Letourneau and Clarke.)
  • Supervisor Buona moved that the Board of Supervisors request that the Virginia Department of Transportation add the alternative submitted by the Washington Airports Taskforce and illustrated in Attachment 2 of the September 4, 2013 staff report to their study for the proposed Dulles Air Cargo, Passenger and Metro Access Highway. (Consent Item) (Seconded by Supervisor Reid.  The motion passed 9-0.)

24. Board Member Initiative: Request for the Board of Supervisors to File as an Intervener in the SCC Proceedings on the Greenway Tolls  

This item instructs the County Attorney to file a request to the State Corporation Commission (SCC) for Loudoun County Board of Supervisors to be named as a respondent in the pending case PUE-2013-00011, brought by Delegate David Ramadan to investigate the tolls on the Dulles Greenway. Filing as a respondent will allow the county to submit testimony and exhibits and cross-examine witnesses. Although some proceedings have occurred earlier, the formal SCC hearing will take place September 24, 2013.

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  • (This was initiated by Supervisor Letourneau.)
  • Supervisor Letourneau moved that the Board of Supervisors direct the County Attorney to file a request with the State Corporation Commission for Loudoun County to become an intervener in the Dulles Greenway Toll proceedings, case PUE-2013-00011. (Seconded by Chairman York. The motion passed 9-0.)

25a. Transportation and Land Use Committee Report/ Zoning Ordinance Amendment – Adding Definition of Value-Added Agricultural Processing (Countywide)

On February 6, 2013 the Board of Supervisors discussed consideration of a Zoning Ordinance Amendment, initiated by Supervisors Clarke and Higgins, to revise the definition of Agricultural Processing in the Revised 1993 Loudoun County Zoning Ordinance to allow for value-added processing and to permit such use by right in all AR, TR, and JLMA zoning districts. The Board raised questions regarding whether or not the proposed amendments could create a competitive advantage for one business over another and whether the County has the staff to process another ZOAM at this time. At the February 6, 2013 meeting the Board voted (9-0) to refer the item to the Transportation and Land Use Committee for further discussion. On July 12, 2013, the Transportation and Land Use Committee discussed the issue and concerns regarding the districts in which this type of use should be permitted by right, citing concern of impact on neighbors. The Committee voted 3-1-1 (York opposed, Clarke absent) to recommend that the Board of Supervisors direct staff to (1) amend the definition of Agricultural Processing in the Revised 1993 Loudoun County Zoning Ordinance, to include the manufacture of products derived from agricultural products produced on site; (2) to consider amending the districts in which Agricultural processing should be permitted by right, with the caveat that the use not be permitted by right in the suburban policy area and that further discussion occur as to the appropriateness of including the use in the JLMA districts; (3) to review and amend the performance standards for Agricultural processing; and (4) to incorporate such amendment in conjunction with the Brewery Zoning Ordinance Amendment scheduled to begin upon the conclusion of the Bed and Breakfast Zoning Ordinance Amendments.

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  • Supervisor Volpe  moved that the Board of Supervisors direct staff to: (1) amend the definition of Agricultural Processing in the Revised 1993 Loudoun County Zoning Ordinance, to include the manufacture of products derived from agricultural products produced on site; (2) to consider amending the districts in which Agricultural processing should be permitted by right; (3) to review and amend the performance standards for Agricultural processing; and (4) to incorporate such amendment in conjunction with the Brewery Zoning Ordinance Amendment scheduled to begin upon the conclusion of the Bed and Breakfast Zoning Ordinance Amendments.   (Seconded by Supervisor Reid. The motion passed 9-0. )

25b.Transportation and Land Use Committee Report: ZMAP 2012-0010/University Center Parcel P-1 (ALGONKIAN DISTRICT)

UC Parcel P-1 LLC, of Bethesda, Maryland, has submitted an application to rezone approximately 13.5 acres from the PD-RDP (Planned Development-Research and Development Park) zoning district to the R-8 (Single Family Residential) zoning district in order to replace the proffers approved with ZCPA-2006-0005, University Center, which currently govern the property, with new proffers and develop the proposed R-8 zoning district with up to 95 single family attached dwelling units, at a density of approximately 7.0 dwelling units per acre. The subject property is also located within the Route 28 Taxing District. The rezoning request proffers to “buy-out” the property from the Tax District. This application is subject to the Revised 1993 Zoning Ordinance. The subject property is located north of Harry Byrd Highway (Route 7), on the west side of Riverside Parkway (Route 2401), and approximately 0.5 mile northwest of the intersection of George Washington Boulevard (Route 1050) and Riverside Parkway. The subject property is more particularly described as PIN# 038-16-7329. The area is governed by the policies of the Revised General Plan (Suburban Policy Area (Ashburn Community) and Route 28 Corridor Plan)), which designate this area for Route 28 Business uses. At its June 4, 2013 worksession, the Planning Commission voted 5-3-1 (Klancher, Blackburn, Douglas opposed, Salmon absent) to forward the ZMAP application to the Board of Supervisors with a recommendation of denial. The Board of Supervisors later voted 6-3 (Buona, Delgaudio, and Letourneau opposed) to forward the rezoning application to the Transportation and Land Use Committee (TLUC) for further discussion subsequent to its public hearing on July 10, 2013. At its July 12, 2013 meeting, the TLUC voted 4-0-1 (Clarke absent) to forward the ZMAP application to the September 4, 2013 Board of Supervisors Business Meeting with a recommendation of approval with the stipulation of an addition to the proffer package of a $250,000 up-front contribution for regional roads. Staff concurs with the Planning Commission recommendation of denial as the proposed rezoning, among other factors, is inconsistent with the Revised General Plan. The Revised General Plan and the Capital Needs Assessment anticipate the subject property developing as Route 28 Business uses without residential use.

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  • Supervisor Volpe moved that the Board of Supervisors approve ZMAP 2012-0010, University Center Parcel P-1, subject to the Proffer Statement dated August 22, 2013, and based on the Findings for Approval as distributed by her at the September 4, 2013 Board Business meeting. (Seconded by Chairman York. The motion passed 5-3-1, Supervisor Buona, Letourneau and Williams voted no; and Supervisor Clarke abstained.)

 

– CLOSED SESSION

  • Vice Chairman Williams 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 or consideration of the acquisition of real property for a public purpose where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board.   The subject of the closed session is the acquisition of a site for the new Aldie Fire and Rescue Station. (Seconded by Supervisor Buona.  The motion passed 8-0-1, Supervisor Reid absent for the vote.)
  • Vice Chairman Williams 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 Reid absent for the vote.)
  • Vice Chairman Williams 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 Reid absent for the vote. )

Resolution Certifying Closed Session

 

               WHEREAS, the Loudoun County Board of Supervisors, this 4th  day of September 2013, 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.

Posted in: September 2013