ADOPTION OF CONSENT AGENDA
Supervisor Buona moved that the Board of Supervisors adopt the following items on consent: 1a, 2, 5, 6, 7, 8, 9, 10, 13, 14a, 14b, 14c, 14d, 14e, 14f, 14g, 14h, 14i, 15, and R-1. (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
ADDITIONS/DELETIONS
None
Chairman’s Information Items
None
INFORMATION ITEMS
None
1. APPOINTMENTS
1a. CONFIRMATIONS
Supervisor Buona moved that the Board of Supervisors confirm the following appointments with terms expiring December 31, 2015 unless otherwise noted. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
Non-District Specific Appointments:
- Advisory Plans Examiners Board
- Paul Kraucunas as an at-large member: Term to expire: 8/4/18
- Building Code and Appeals Board
- John Paul Andrews as an at-large member: Term to expire: 9/30/18
- Community Services Board
- Karen Cooper as an at-large member: Term to expire: 6/30/17
- Angelo Wider as an at-large member: Term to expire: 6/30/17
- Health System Agency of Northern Virginia
- Robin Brown as the Loudoun County representative: Term to expire: 6/30/17
- Joint Board of Supervisors/School Board Committee Volunteer Citizens’ Work Group
- Holly Rhodes as the Leesburg District representative: Term to expire: 12/31/14
- Loudoun Health Council
- Scott Cypher as a Health Care Professional member: Term to expire: 9/30/16
- Zoning Ordinance Action Group
- Packie Crown as an at-large member representing the Dulles South Alliance: Term to expire: 9/30/18
1b. NOMINATIONS
The following advisory bodies have confirmations: Advisory Plans Examiners Board, Building
Code and Appeals Board, Community Services Board, Health Systems Agency of Northern
Virginia, Joint Board of Supervisors/School Board Committee’s Volunteer Citizens’ Work
Group, Loudoun Health Council, and Zoning Ordinance Action Group. The following advisory
bodies have vacancies or upcoming term expirations: Health System Agency of Northern
Virginia; Advisory Commission on Youth; Commission on Aging; Community Criminal Justice
Board; Heritage Commission; Library Board of Trustees; Joint Committee – Volunteer Citizen
Work Group; Advisory Plans Examiners Board; Building Code and Appeals Board; Community
Services Board; Courthouse Grounds and Facility Committee; Disability Services Board;
Historic District Review Committee; Housing Advisory Board; Housing Choice Voucher
Resident Advisory Board; Landfill Special Exception Review Committee; Loudoun Health
Council; Water Resources Technical Advisory Committee, Zoning Ordinance Action Group.
There were no nominations for this agenda.
2. ADMINISTRATIVE ITEMS REPORT OF SEPTEMBER 17, 2014
This Report contains the following items for the Board of Supervisors approval on
September 17, 2014: Budget Adjustments; Board of Supervisors’ Minutes; Deeds for
Approval; Housing Trust Agreement – Designated Trustee Change; Housing Trust
Agreement – Authorization to Use Funds; Length Of Service Awards Program (LOSAP)
Committee Membership Changes Reflecting Combined Fire And Rescue System
Governance Structure Changes And Local Ordinance Adoption.
Supervisor Buona moved that the Board of Supervisors approve the Administrative Items Report of September 17, 2014. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
a. Budget Adjustments
The Board of Supervisors moved to (1) approve the budget adjustments as set out in the September 17, 2014, Administrative Items Report: BA-2268137, BA-2278300, BA-2290078, BA-2296516, BA-2300857, BA-2300867, BA-2300966 (2) recognize an increase in revenue in the amount of $630,530.86 in the General Fund, and (3) make an increase in appropriations of $630,530.86 in the General Fund.
b. Board of Supervisors’ Minutes
The Board of Supervisors moved to approve the September 6, 2014 Board Special Meeting Minutes.
c. Deeds for Approval
The Board of Supervisors moved to approve the following deeds as presented: ESMT 2014-0041, Black Oak Ridge, Phase 3; SBRD 2008-0030, Patent House Farm (Deed of Dedication); and SBRD 2008-0030, Patent House Farm (Deed of Open Space Easement).
d. Housing Trust Agreement – Designated Trustee Change
The Board of Supervisors moved to change the Fund Administrator designated in the County of Loudoun Housing Trust from the Director of Financial Services to the Director of the Department of Management and Financial Services.
e. Housing Trust Agreement – Authorization To Use Funds
The Board of Supervisors moved to authorize the use of funds from the County of Loudoun Housing Trust to pay for realtor services to market ADUs on the multiple listing service and assist in marketing of County-owned ADUs in order to further the provision of affordable dwelling units in Loudoun County.
f. Length Of Service Awards Program (LOSAP) Committee Membership Changes Reflecting Combined Fire And Rescue System Governance Structure Changes And Local Ordinance Adoption
The Board of Supervisors moved to make the necessary changes to the LOSAP Committee membership to reflect the newly adopted Loudoun County Combined Fire and Rescue System governance structure by replacing the former Fire and Rescue Commission Chair with an active volunteer fire and rescue company member from an active volunteer company listed within the County’s Combined Fire and Rescue System ordinance and to be appointed through the Loudoun County Combined Fire and Rescue System Executive Committee
AND
The Board of Supervisors further moved to replace the former Department of Fire, Rescue and Emergency Management Chief position as member of the LOSAP Committee with the Loudoun County Combined Fire and Rescue System Chief position, which also reflects the newly adopted governance structure and local ordinance as adopted by the Board of Supervisors on July 2, 2014.
3. INITIAL LEGISLATIVE PROGRAM FOR THE 2015 GENERAL ASSEMBLY SESSION
The Board of Supervisors will be asked consider whether certain newly proposed positions
and language offered by Board members, staff and others should be adopted for inclusion
within their legislative program for the 2015 Session of the Virginia General Assembly.
These new items combined with past adopted positions from the 2014 Session and earlier
will constitute the Board’s legislative program. This item is one of several expected prior to
the start of the 2015 Session which begins in January 14, 2015.
SECTION A.—NEW POSITIONS – ACTION REQUESTED
- Robbie’s Rule Requiring Past Sex Offenders to Register with the State Sex Offender and Crimes Against Minors Registry (SOCAMR) (Higgins)
Issue: Support legislation that requires the state to establish, maintain and supplement the current SOACMR with the names of individuals who had the offense occurred today would have to register but were not required to register at the time of their offense.
New Position Adopted:
Supervisor Higgins moved that the Board of Supervisors support state legislation that requires the State to establish, maintain and supplement the current SOACMR with the names of individuals who had the offense occurred today would have to register but were not required to register at the time of their offense. (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
- State Imposed 28% Management Permit fee (Board of Supervisors)
Issue: Support a reduction in the Commonwealth of Virginia’s current 28% portion of the Stormwater Management Programs permit fee, since the County, not the state, is predominantly administering the program locally.
New Position Adopted:
Chairman York moved that the Board of Supervisors support a reduction in the Commonwealth of Virginia’s 28% portion of the Stormwater Management Programs permit fee. (Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
- Local regulation of Taxi Cab Services and Operators (Staff)
Issue: Oppose legislation that removes the authority of local governments to regulate taxicab services and operators.
New Position Adopted:
Supervisor Reid moved that the Board of Supervisors oppose legislation that removes the local authority to regulate taxi cab services and operators. (Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
- Medical Services Fee Schedule for Worker’s Compensation (Staff)
Issue: Support legislation to implement a schedule for medical services provided under a worker’s compensation claim that reduces such costs for the county and that provides more uniformity and predictability in the rates.
New Position Adopted:
Chairman York moved that the Board of Supervisors support legislation that implements a schedule for medical services provided under a worker’s compensation claim that reduces costs for the county and provides more uniformity and predictability in the rates. (Seconded by Vice Chairman Williams. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
- Job Order Contracts Threshold Limits (Staff)
Issue: Increase the Job Order Contract Threshold Limits as Stipulated by state code from $ $400,000 per Project to $500,000 per Project $2 million per year to $4 million per year.
New Position Adopted:
Supervisor Buona moved that the Board of Supervisors support legislation that increases the Job Order Contracts threshold limits as stipulated by State Code from $400,000 per project to $500,000 per project and from $2 million per year to $4 million per year. (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
- Certain Commission Permit Review Timeframe (Board of Supervisors)
Issue: Support and/or seek legislation to clarify the period for review of Certain Commission Permits by the Board of Supervisors by establishing a 90 day review period.
New Position Adopted:
Supervisor Volpe moved that the Board of Supervisors support and/or seek legislation that establishes a 90 day period for review of certain Commission Permits by a local governing body. (Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
SECTION B — EXISTING ISSUES (ACTION REQUESTED)
- Existing Issues
Issue: This section includes most, if not all of the positions already approved by the Board during its term in office (January 2012 to date). The intent is to carry forward these positions as part of the Board’s legislative package for the 2015 Virginia General Assembly Session.
All relevant existing positions are outlined in the Attachment. Please note that there are several positions deleted by staff as a result of favorable action by the Virginia General Assembly during its 2014 Session on the Board’s program, or by administrative changes within the Executive branch (e.g. VDOT). Finally, there is some updated language for a few positions (e.g., transportation). Therefore, staff requests that the Board adopt a single draft motion for this section of the item. Staff will be adding all new positions to latter drafts of the document in which the Board will formally adopt in November 2014.
New Position Adopted:
Vice Chairman Williams moved that the Board of Supervisors reaffirm and carry forward all existing positions from the prior year’s legislative program for inclusion in the Board’s legislative program for the 2015 Virginia General Assembly Session including any updates as a result of favorable action by both the legislative and executive branches and technical changes as reflected in Attachment 1 to this item. (Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
Board Requests:
Supervisor Volpe requested that staff prepare a proposed position in which the county seeks amendment to the appropriate statute with regard to classifications and regulations of pneumatic guns.
Supervisor Letourneau requested that staff investigate and provide a proposed position that would work toward increasing the county’s proportional share of the state program for reimbursement to local governments for personal property tax relief as previously established by the General Assembly.
Supervisor Delgaudio requested that staff research and develop a proposed position that would request either state and/or federal financial reimbursement for the support of illegal immigrant children being placed in residences within Loudoun County.
4. WORK PLANS FOR SILVER LINE CPAM STUDIES
On July 16, 2014, The Board directed staff to prepare work plans and scope of services
documents for a land use scenario planning study for the western part of the Metrorail
Service District and for a market analysis and best practices study for the land surrounding
the Route 606 and Route 772 Metrorail Stations. These studies follow up on
recommendations made by the Urban Land Institute (ULI) Technical Assistance Panel (TAP)
May 8, 2014. This item will present the scope of activities and seek direction form the Board
of Supervisors for developing Requests for Proposal (RFPs) for professional services.
Vice Chairman Williams moved that the Board of Supervisors direct Staff to prepare RFPs for consultant services for a land use scenario planning study and a market analysis and best practices study in accordance with the scopes of activities outlined in the September 17, 2014 Board of Supervisors Business Meeting Action Item; with contracts not to exceed $200,000 and $125,000 respectively. (Seconded by Supervisor Letourneau.)
Supervisor Volpe moved a substitute motion to forward this item to the Transportation and Land Use Committee for discussion. (Seconded by Supervisor Delgaudio. The motion failed 3-5-1, Supervisors Buona, Higgins, Letourneau, Williams, and York opposed; Supervisor Clarke absent for the vote.)
Supervisor Reid moved a substitute motion to direct staff to research the 1999 and 2005 Plans and prepare an airport noise contour study. (This motion died due to lack of a second.)
Supervisor Reid requested the motion be divided.
Vice Chairman Williams moved that the Board of Supervisors direct Staff to prepare RFPs for consultant services for a land use scenario planning study in accordance with the scopes of activities outlined in the September 17, 2014 Board of Supervisors Business Meeting Action Item; with contracts not to exceed $200,000. (The motion passed 6-2-1, Supervisors Delgaudio and Reid opposed; Supervisor Clarke absent for the vote.)
Vice Chairman Williams moved that the Board of Supervisors direct Staff to prepare a market analysis and best practices study in accordance with the scopes of activities outlined in the September 17, 2014 Board of Supervisors Business Meeting Action Item; with contracts not to exceed $125,000. (The motion passed 7-1-1, Supervisor Delgaudio opposed; Supervisor Clarke absent for the vote.)
5. *RESOLUTION OF INTENT TO AMEND: SECTIONS 4-1500 FLOODPLAIN OVERLAY DISTRICT, 5-1508 STEEP SLOPES STANDARDS, AND ARTICLE 8, DEFINITIONS
Since the adoption of, and subsequent revisions to, the Floodplain Overlay District (“FOD’) and Steep Slopes Standards, several development standards contained within those portions of the Zoning Ordinance have been cited as impediments to the development of new businesses and/or the expansion of existing businesses. In 2012, the Board of Supervisors approved a Work plan to review the Revised 1993 Loudoun County Zoning Ordinance in an effort to make the process of expansion or startup of a commercial or industrial enterprise more “business-friendly.” Through this review process amendments to the FOD and the Steep Slopes Standards were identified as areas that needed to be updated and clarified. This Item is a Resolution of Intent to Amend the Revised 1993 Loudoun County Zoning Ordinance to amend the FOD and Steep Slopes Standards as well as the associated definitions in order to update and clarify these section of the Zoning Ordinance and to address many of issues identified as being impediments to development, as well as updating references and clarifying each section for better implementation.
Supervisor Buona moved that the Board of Supervisors adopt the Resolution of Intent to Amend the Revised 1993 Loudoun County Zoning Ordinance, provided as Attachment 1 to the Action Item for the Board of Supervisors’ September 17, 2014, Business Meeting, to amend Sections 4-1500 (Floodplain Overlay District), 5-1508 (Steep Slopes Standards) and Article 8 – Definitions. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
6. *FY 2016 STATE REVENUE SHARING PROGRAM/ENDORSEMENT OF APPLICATIONS
The Virginia Department of Transportation (VDOT) is accepting applications for the FY 2016 State Revenue Sharing Program. The deadline for submission of applications to VDOT is October 31, 2014. A locality may apply for up to a maximum of $10 million in matching allocations, of which $5 million may be used for maintenance. Priority will be given first to allocations that accelerate construction projects in the Commonwealth’s Transportation Six Year Improvement Program or the locality’s capital improvements plan (CIP). If funds are available after funding those requests, second priority will be given to maintenance projects for pavement resurfacing and bridge rehabilitation where the infrastructure has a condition rating that is below the Department’s stated maintenance performance targets. Priority three projects are construction and maintenance projects that do not meet the first two criteria.
The Department of Transportation and Capital Infrastructure recommends that the Board of Supervisors endorse the following four candidate projects for VDOT’s FY 2016 Sate Revenue Sharing Program. Sterling Boulevard Extended (Pacific Boulevard to Moran Road, Broad Run Election District): $950,000 Northstar Boulevard (Shreveport Drive to Route 50, Blue Ridge Election District): $3,200,000 Northstar Boulevard (Route 50 to Tall Cedars Parkway, Dulles Election District): $2,350,000 Farmwell Road (Smith Switch Road to Ashburn Road, Broad Run and Ashburn Election Districts): $3,500,000
The total amount of funds requested for the above projects is $10 million. All of these projects are included in the Board’s Adopted FY 2015 – FY 2020 CIP and therefore meet VDOT’s priority one requirements.
Supervisor Buona moved that the Board of Supervisors endorse the following as candidate projects for the FY 2016 State Revenue Sharing Program: A) Sterling Boulevard Extended (Pacific Boulevard to Moran Road); B) Northstar Boulevard (Shreveport Drive to Route 50); C) Northstar Boulevard (Route 50 to Tall Cedars Parkway) and, D) Farmwell Road (Smith Switch Road to Ashburn Road). (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
7. *CONSTRUCTION CONTRACT MANAGEMENT FOR TOWN OF ROUND HILL
In response to a request from the Town of Round Hill (Town) for construction management assistance on the Town’s Main Street project, this item seeks the Board of Supervisors’ (Board) direction for the Department of Transportation & Capital Infrastructure (DTCI) to develop a project agreement between the County and the Town for the County to perform the administration and construction management of the Main Street project in conjunction with the County’s Round Hill to Franklin Park Trail.
Supervisor Buona moved that the Board of Supervisors direct staff to merge the Town’s project with the County’s project utilizing the Town’s VDOT grant and Town funding and further move that the merging of the two projects is contingent upon County staff drafting a project agreement between the Town and the County for the administration and construction management of the joint project that is approvable as to form and acceptable to the Board of Supervisors. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
8. *PURCHASE OF THREE USED COACH BUSES FROM THE WASHINGTON FLYER SERVICE TO ALLEVIATE CAPACITY ISSUES WITH LONG-HAUL BUS SERVICE
On July 16, 2014 the Board directed staff to proceed with the necessary procedural steps, including coordinating with Northern Virginia Transportation Authority (NVTA), to leverage the existing $880,000 in FY 2014 NVTA Regional funding; and utilize existing dedicated cash proffers as local match funding to receive additional state capital grant funding for the purchase of two additional transit buses and three used commuter coach buses from Washington Flyer.
In August, Staff was informed by the Department of Rail and Public Transportation (DRPT) that there was a moratorium placed on approving mid-cycle grant applications due to a $9,000,000 state budget shortfall. Securing a mid-cycle grant was a key source of funding for the proposed purchase of the transit and commuter coach buses. In light of this moratorium, Staff is recommending a revised funding plan to purchase only the three used commuter coach buses at this time. The revised plan includes using FY 2015 Transit Operations operating funds designated for transfer to the Central Services Fund and remaining cash proffer balance, along with determining the availability of FY 2014 NVTA funds and requesting such funds if they are available.
The Deadline for action is the September 17, 2014.
Supervisor Buona moved that the Board of Supervisors approve the utilization use of $299,210 in cash proffer balance and $960,790 in FY 2015 Transit Operations Central Services appropriations and direct staff to prepare a budget adjustment to transfer $960,790 from the Transit Operations budget to the Capital fund to award the contract to purchase three commuter coach buses. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
9. *PROFFER AMENDMENT FOR LOUDOUN STATION TO REVISE TRANSPORTATION IMPROVEMENTS FOR ACCESS TO THE ROUTE 772 METRORAIL STATION
The Loudoun County Board of Supervisors proposes revised transportation access to the Route 772 Metrorail Station to accommodate a relocation of the planned Transit Connector Bridge over the Dulles Greenway and to modify a portion of the internal street network and necessary street connections through Loudoun Station. Loudoun Station (ZMAP-2002-0005) is a mixed use, Transit Oriented Development approved in 2003. The project is approximately 43 acres in size and is located north of the Dulles Greenway (Route 267) and south of Shellhorn Road, west of Loudoun County Parkway. As a part of the Metrorail Silverline project extending rail into Loudoun County, the County has been working to assure timely access to the planned Route 772 station site and engineering the necessary relocation of the Transit Connector Bridge over the Dulles Greenway connecting Loudoun Station to Moorefield Station. Such bridge relocation requires revised internal street network design and alignments. In addition, the internal street network for Loudoun Station is proposed to be adjusted to accommodate design layout for bus, and kiss and ride facilities supporting the Route 772 Metrorail station. County staff recommends initiation of a Zoning Concept Plan Amendment (ZCPA) by the Board of Supervisors for necessary transportation proffer and Concept Development Plan revisions supporting access to the Route 772 Metrorail Station. There is no immediate deadline for action. However, the proffer amendment must proceed forward to assure appropriate and timely completion of the transportation network to access the Route 772 Metrorail Station.
Supervisor Buona moved that the Board of Supervisors initiate a Zoning Concept Plan Amendment on behalf of Loudoun Station and coordinate with the respective property owners to complete proffer revisions as necessary for implementation and completion of transportation infrastructure in support of appropriate transportation access for the planned Route 772 Metrorail Station. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
10. *BOARD MEMBER INITIATIVE: COUNTY PERMISSION TO ALLOW USE OF THE OLD WATERFORD JAIL AND WELL LOT FOR THE WATERFORD FOUNDATION FAIR
The Waterford Foundation has organized and presented the annual Waterford Fair since 1943, annually recruiting hundreds of volunteers, heritage crafts people, musicians, re-enactors, and others to produce the Fair and experience firsthand the history of the Village and its historic homes. The Fair serves to promote and encourage tourism in Loudoun County with proceeds from the Fair generated by the activities of the Foundation being used by the Foundation to carry out its mission of education and preservation. The 2014 Waterford Fair is scheduled to be held on October 3, 4 and 5.
In 2013, by an Act of the General Assembly of Virginia, Chapter 753, Acts 2013, approved April 3, 2013, the Commonwealth assumed all of the former Town’s property interest and authorized the conveyance of said interest via quitclaim to Loudoun County. On March 14, 2014, the quitclaim deed was properly recorded in the Land Records of the Loudoun County Circuit Court giving notice of said conveyance. The Waterford Foundation has requested a temporary zoning permit to place vendor stands or exhibits upon the old Waterford Jail and Well Lot during the Waterford Fair Weekend. Staff recommends the Board grant permission for the Waterford Fair for this purpose.
Supervisor Buona moved that the Loudoun County Board of Supervisors grant permission to the Waterford Foundation to place vendor stands or exhibits on the old Jail and Well Lot (PIN: 303-26-8922) in Waterford during the 2014 Waterford Fair held on October 3, 4 and 5 provided that the Waterford Foundation obtains the appropriate zoning permits and conforms to all applicable local, state, federal laws.
Supervisor Buona further moved that the Loudoun County Board of Supervisors delegate the authority to grant permission for the use of the Jail and Well Lot by the Waterford Foundation for its annual fair to the County Administrator or his designee until such time the Board of Supervisors rescind this action. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
11. BOARD MEMBER INITIATIVE: REAL ESTATE TAX RELIEF FOR THE ELDERLY AND PERMANENTLY DISABLED/PROPOSED AMENDMENT TO THE CHAPTER 872 OF THE CODIFIED ORDINANCE
This item proposes that the Board of Supervisors direct staff to prepare an amendment to the applicable sections of Chapter 827 of the Codified Ordinance of Loudoun County, “Real Estate Tax Relief for the Elderly or Totally and Permanently Disabled”, to be effective in FY16 to also benefit the portion of Loudoun’s elderly and the totally and permanently disabled who have a higher net worth.
Supervisor Buona moved that the Board of Supervisors direct staff to prepare an amendment to the applicable sections of Chapter 872 of the Codified Ordinance of Loudoun County, “Real Estate Tax Relief for the Elderly or Totally and Permanently Disabled”, to be effective on January 1, 2016 to benefit the portion of Loudoun’s elderly and the totally and permanently disabled who have a high net worth, using the figures in the above table. If an applicant’s dwelling and the lot it sets upon exceeds $1 million in assessed value as of January 1 of the year for which relief is requested, tax relief will be granted only on the first $1 million of assessed value. (Seconded by Supervisor Volpe.)
Supervisor Letourneau moved a substitute motion to forward this item to a FY2016 Budget Work Session. (Seconded by Supervisor Reid. The motion failed 4-4-1, Supervisors Buona, Reid, Volpe, and York opposed; Supervisor Clarke absent for the vote.)
(Supervisor Buona’s original motion passed 5-3-1, Supervisors Delgaudio, Letourneau, and Williams opposed; Supervisor Clarke absent for the vote.)
12. BOARD MEMBER INITIATIVE: CARDINAL BANK PROPERTY ACQUISITION FOR STERLING LIBRARY
This item was deferred.
13. *BOARD MEMBER INITIATIVE: INCREASE IN LANDFILL FEE WAIVER FOR ASHBURN VOLUNTEER FIRE AND RESCUE DEPARTMENT
The FY 2015 Adopted Fiscal Plan approved $71,486 in a landfill fee waiver for the AVFRD. At that time, the fee waiver amount was based on an estimate given to Management and Financial Services staff from AVFRD on their needs arising from the company’s renovation project. When AVFRD removed dirt from the site related to the construction project, there was more water than anticipated in the dirt and wet dirt to be removed from the site. The wet dirt added significant additional weight to the material that was taken to the landfill. Currently, AVFRD has $67,068.16 in outstanding landfill fees that are not covered by the adopted FY 2015 landfill fee waiver. The request is to grant an additional $70,427.40 in landfill fee waivers to cover outstanding fees and any additional construction related disposal costs.
Supervisor Buona moved the Board of Supervisors approve an increase of $70,472.40 in the landfill fee waiver to the Ashburn Volunteer Fire and Rescue Department for Fiscal Year 2015. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.
14. Finance/Government Services and Operations Committee Report(s):
14a. *Contract Award/Roadway and Civil Design Services for Belmont Ridge Road Between Truro Parish Drive and Croson Lane
This project is in the Broad Run, Blue Ridge and Dulles Election districts and will provide the approved design and bid documents for the widening of existing Belmont Ridge Road from two lanes to four lanes between Truro Parrish Drive to Croson Lane and provide the signalization of the Belmont Ridge Road/Croson Lane intersection. Because of the poor pavement conditions and the significant amount of development along this corridor, this intersection meets multiple warrants for a signal. The widening of this portion of roadway would help alleviate congestion and improve safety for this section of Belmont Ridge Road. The Proposal Analysis Group (PAG) reviewed the proposals, interviewed three shortlisted firms, and came up with the final ranking, naming Dewberry Consultants, LLC as the top ranked firm. On September 9, 2014, the Finance/Government Services and Operations Committee voted 3-0-2 (Reid & Letourneau absent for the vote) to recommend to the Board of Supervisors that the Purchasing Agent be authorized to award a contract for the Road and Civil Design Services for Belmont Ridge Road Between Truro Parish Drive and Croson Lane Project to Dewberry Consultants, LLC, in the estimated amount of $2,068,029. The project has sufficient appropriations totaling $21,580,000. These appropriations include; $1,080,000 from the FY 2014 CIP in general obligation bonds; $1,000,000 in local tax funding and $19,500,000 in NVTA 70% regional funds. No additional funds requested. This item is proposed for consent.
Supervisor Buona moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee that the Board of Supervisors authorize the Purchasing Agent to award a contract for the Road and Civil Design Services for Belmont Ridge Road Between Truro Parish Drive and Croson Lane Project to Dewberry Consultants, LLC, in the estimated amount of $2,068,029. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
14b. *Contract Award/Eastern Brambleton District Park Improvements
Invitation for Bid (IFB) No. 24 was issued on July 23, 2014, for the construction of the Eastern Brambleton District Park Improvements. Three (3) bids were received on August 27, 2014; with Jeffery Stack, Inc., being the lowest responsive and responsible bidder. The Eastern Brambleton District Park Improvements project is located along the eastern side of Belmont Ridge Road at the intersection of Belmont Ridge Road and Northstar Boulevard. The project consists of the following improvements: two asphalt parking lots; mixed use paths from the parking lots to athletic fields; building pad and utility stub ups for a pre-manufactured restroom building with concession area; athletic field lighting, parking lot lighting, and associated electrical infrastructure; goal posts, goals, scoreboards, and associated infrastructure and landscaping and fencing. This project is located in the Dulles Election Disrict. On September 9, 2014, the Finance/Government Services and Operations Committee voted 3-0-2 (Reid & Letourneau absent for the vote) to recommend to the Board of Supervisors that the Purchasing Agent be authorized to award a contract for the construction of the Eastern Brambleton District Park Improvements to Jeffery Stack, Inc., in the estimated amount of $1,948,662. Sufficient funding is appropriated in the Brambleton District Park capital project account. No additional funds requested. This item is proposed for consent.
Supervisor Buona moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee that the Board of Supervisors authorize the Purchasing Agent to award a contract for the construction of the Eastern Brambleton District Park Improvements to Jeffery Stack, Inc., in the estimated amount of $1,948,662. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
14c. *Contract Award/Construction Support Services
Request for Proposal (RFP) No. QQ-01836 was issued on April 9, 2014 for Construction Support Services. Eight (8) proposals were received on May 13, 2014 and evaluated by a Proposal Analysis Group (PAG) consisting of members from the Department of Transportation and Capital Infrastructure. Based on the evaluations of the proposals submitted, the PAG decided to interview and request hourly rates from four (4) firms and recommend contracts be awarded to those four (4) firms. The County uses these contracts to provide construction support services for various projects contained in the County’s Capital Improvements Program (CIP). These projects include horizontal (buildings, etc.) and vertical construction (roads,etc.). However, they are available to support any County construction support requirements. On September 9, 2014, the Finance/Government Services and Operations Committee voted 3-0-2 (Reid & Letourneau absent for the vote) to recommend to the Board of Supervisors that the Purchasing Agent be authorized to award one-year contracts for Construction Support Services to: Rummel, Klepper & Kahl, LLP; McDonough Bolyard Peck, Inc; Alpha Construction and Engineering Corporation; and ATCS, P.L.C., in the estimated total amount of $4,000,000 for the contract period October 1, 2014 – September 30, 2015. Sufficient funding is available in the Capital Improvements Fund, the Capital Asset Preservation Program, Proffer funds, and the FY 2015 operational budgets of the Department of Transportation and Capital Infrastructure and the Department of General Services. No additional funds requested. This item is proposed for consent.
Supervisor Buona moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee that the Board of Supervisors authorize the Purchasing Agent to award one-year contracts for Construction Support Services to: Rummel, Klepper & Kahl, LLP; McDonough Bolyard Peck, Inc; Alpha Construction and Engineering Corporation; and ATCS, P.L.C., in the total estimated amount of $4,000,000. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
14d. *Contract Award/911 Telephony Delivery Services
The County’s 9-1-1 telephony delivery services are used by the Department of Fire, Rescue and Emergency Management for answering emergency calls at the County’s Emergency Communications Center. These services are administered and maintained by the Department of Information Technology (DIT). Loudoun County’s ECC currently uses 26 Centralized Automatic Message Accounting (CAMA) trunks for receipt and handling of 9-1-1 telephone calls. CAMA trunks, while allowing for the receipt of Automatic Number Identification (ANI)/Automatic Location Information (ALI) information from the caller, provide little in the way of functionality for future expansion to Next Generation (NG) 9-1-1 technology. NG 9-1-1 provides Internet protocol (IP) based 9-1-1 call delivery services which is the most current call delivery technology and is the preferred platform for Fire/Rescue and Sheriff’s Office. This technology platform includes, but is not limited to, such functionality as; text to 9-1-1; video to 9-1-1; GIS data for validating civic locations (LVF) and geospatial call routing, call handling and call transfers. On September 9, 2014, the Finance/Government Services and Operations Committee voted 3-0-2 (Reid & Letourneau absent for the vote) to recommend to the Board of Supervisors that the Purchasing Agent be authorized to award a contract through June 30, 2016 for 9-1-1 Telephony Delivery Services for the Department of Fire, Rescue and Emergency Management and the Sheriff’s Office in the amount of $1,220,804 to Intrado Inc., utilizing the Houston Galveston Area Council contract. Sufficient funding is available in the capital project for the new Emergency Communications Center. No additional funds requested. This item is proposed for consent.
Supervisor Buona moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee that the Board of Supervisors authorize the Purchasing Agent to award a through June 30, 2016 contract for 9-1-1 Telephony Delivery Services to Intrado Inc. in the amount of $1,220,804. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
14e. *FY 2015 Capital Improvement Program Amendment/Cash Proffers for East Gate Project
The East Gate project constructs an off-street park and ride lot with 218 parking spaces, and a lighted soccer field with an additional 63 parking spaces. The project needs additional funding to provide required owner furnished items and services and to provide an adequate project contingency. On September 9, 2014, the Finance/Government Services and Operations Committee voted 4-0-1 (Reid absent for the vote) to recommend that the Board of Supervisors amend the FY 2015 Capital Improvement Program and budget to appropriate $310,000 in the Public Facilities Fund and transfer that amount to the Capital Fund for the East Gate capital project. It was further moved that no action occur on the Parks and Recreation portion of the project until further discussion at the October Finance/Government Services Committee meeting. This item is proposed for consent.
Supervisor Buona moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee that the Board of Supervisors amend the FY 2015 Capital Improvement Program and budget to appropriate $310,000 in the Public Facilities Fund and transfer that amount to the Capital Fund for the East Gate capital project.
Supervisor Buona further moved that no action occur on the Parks and Recreation portion of the project until further discussion at the October Finance/Government Services Committee meeting. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
14f. *FY 2015 Capital Improvement Program Amendment/Juvenile Probation Residence
The design and construction of a Juvenile Probation Residence is currently funded in the Adopted FY 2015 – FY 2020 Capital Improvement Program (CIP) budget. Design of the facility is planned in FY 2016 using $770,000 in local tax funding, and construction is planned for FY 2017 using $5,430,000 in local tax funding. The total cost of the facility is $6,200,000. The Fiscal Impact Committee’s recommendation is to delay funding for the project until FY 2019 for design and FY 2020 for construction. When the Capital Facility Standards are reviewed again in 2-3 years, sufficient analysis of the Evening Reporting Center and other diversionary programs will have been conducted to demonstrate whether the need for the Juvenile Probation Residence is warranted. If the need for the facility is warranted, the funding will already be in place. The funding amendment proposed in this item shifts planned appropriations from FY 2016 and FY 2017, to FY 2019 and FY 2020. No actual appropriations are affected by the CIP amendment. Due to cost inflation, planned appropriations are estimated to increase by $450,000 due to the delay in starting the project. Proposed funding sources in FY 2019 and FY 2020 would be included in the Proposed FY 2016 CIP budget for the Board of Supervisors’ consideration. On September 9, 2014, the Finance/Government Services and Operations Committee voted 3-0-2 (Reid and Letourneau absent for the vote) to recommend that the Board of Supervisors amend the FY 2015 Capital Improvement Program by moving planned appropriations for the Juvenile Probation Residence from FY 2016 for design and FY 2017 for construction to FY 2019 for design and FY 2020 for construction. The Committee further recommend that the Board of Supervisors direct staff to propose a source of funding in FY 2019 and FY 2020 as part of the FY 2016 Proposed Fiscal Plan. This item is proposed for consent.
Supervisor Buona moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee that the Board of Supervisors amend the FY 2015 Capital Improvement Program by moving planned appropriations for the Juvenile Probation Residence from FY 2016 for design and FY 2017 for construction to FY 2019 for design and FY 2020 for construction.
Supervisor Buona further moved that the Board of Supervisors direct staff to propose a source of funding in FY 2019 and FY 2020 as part of the FY 2016 Proposed Fiscal Plan. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
14g. *FY 2015 Capital Improvement Program Amendments/The Woods Road, Claiborne Parkway, and Sterling Boulevard Extension
In the Fall of 2013, the Virginia Department of Transportation (VDOT) added The Woods Road project to its six-year plan and was paying for the construction of the road. This allowed the County to re-allocate the State Revenue Sharing funds and Local Gasoline Tax funding match appropriated in FY 2014 of the Adopted CIP for The Woods Road project to other transportation project(s) in the County. Specifically, $1.2 million from The Woods Road project was transferred to the Claiborne Parkway project; and another $1.6 million from The Woods Road project was expected to be transferred to the Sterling Boulevard Extension. However, the State recently notified the County that the unpaved road funding contemplated for use on The Woods Road project has been significantly reduced in the State’s six-year plan. On September 9, 2014, the Finance/Government Services and Operations Committee voted 3-0-2 (Reid and Letourneau absent for the vote) to recommend that the Board of Supervisors amend the FY 2015 Capital Improvement Program and budget to: 1) transfer $600,000 in State Revenue Sharing funding and $600,000 in local gasoline tax matching funds from the Claiborne Parkway project back to The Woods Road project; 2) appropriate $400,000 in cash proffers in the Public Facilities Fund and transfer that amount to the Capital Fund for the Claiborne Parkway project; 3) appropriate $400,000 in State Revenue Sharing Funds and transfer $400,000 in local gasoline tax matching funds from the Riverside Parkway project, between River Creek Parkway and Kingsport Drive, to the Claiborne Parkway project; and 4) transfer $1,700,000 from the Loudoun County Parkway project, from Smith Switch Road to Wescott Road, to the Sterling Boulevard Extension capital project account. This item is proposed for consent.
Supervisor Buona moved that the Board of Supervisors approve the recommendation of the Finance/Government Services, and Operations Committee that the Board of Supervisors amend the FY 2015 Capital Improvement Program and budget by:
- transferring $600,000 in State Revenue Sharing funding and $600,000 in local gasoline tax matching funds from the Claiborne Parkway project back to The Woods Road project;
- appropriating $400,000 in cash proffers in the Public Facilities Fund, as shown in Table 3, and transferring that amount to the Capital Fund for the Claiborne Parkway project;
- appropriating $400,000 in State Revenue Sharing Funds and transferring $400,000 in local gasoline tax matching funds from the Riverside Parkway project, between River Creek Parkway and Kingsport Drive, to the Claiborne Parkway project; and
- transferring $1,700,000 in local tax funding from the Loudoun County Parkway project, from Smith Switch Road to Wescott Road, to the Sterling Boulevard Extension capital project count.
(Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
14h. *FY 2015 Capital Improvement Program Amendments/Transportation Projects (Csizmar/Kroboth)
The Waxpool Road capital project is in need of additional funding to relocate utilities, provide additional funding for escalation costs, fund design changes due to required utility relocations, fund additional contractor overhead, and drill additional test holes to determine areas of potential utility conflict. The Belfort Area Road Improvements project includes $8,000,000 in lease revenue financing for construction of the road improvements. Staff has identified additional cash proffers for the Belfort Area Road Improvements project, to provide supplemental landscaping along Belfort Park Drive (Cedar Green Road) and to reduce the amount of debt required to fund this project. Staff has identified cash proffers totaling $1,166,360 that can be used for the Route 606 Widening project. While the County’s share of the project costs are lower than originally anticipated, there are several things that the cash proffers can be used for that will assist the County in delivering this project, and provide funding options on other projects. The Russell Branch Parkway capital project includes current appropriations totaling $2,364,382 in local gasoline tax funding. This item requests to appropriate a cash contribution from B.F.Saul to go towards the construction of Russell Branch Parkway between Ashburn Road and Ashburn Village Boulevard, as well as appropriate cash proffers. On September 9, 2014, the Finance/Government Services and Operations Committee voted 4-0-1 (Reid absent for the vote) to recommend that the Board of Supervisors amend the FY 2015 Capital Improvement Program and budget by: 1) Appropriating $900,461 in cash proffers for the Waxpool Road project between Unbridled Way and Ashburn Village Boulevard; 2) Appropriating $381,959 in cash proffers for the Belfort Area Road Improvements project to reduce the debt required to finance the project; 3) Appropriating $1,166,360 in cash proffers for the Route 606 Widening project; and 4) Appropriating $2,472,992 in cash proffers and $925,000 in a cash contribution from B.F. Saul for the Russell Branch Parkway project between Ashburn Road and Ashburn Village Boulevard. This item is proposed for consent.
Supervisor Buona moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee that the Board of Supervisors amend the FY 2015 Capital Improvement Program and budget and direct staff to process a budget adjustment to appropriate and transfer $4,921,772 in cash proffers from the Public Facilities Fund to the Capital Fund for the Waxpool Road, Belfort Area Road Improvements, Russell Branch Parkway, and Route 606 Widening capital projects as outlined in Tables 1, 2, 3, and 4 of this item; and to appropriate a $925,000 cash contribution from B.F. Saul for the construction of Russell Branch Parkway from Ashburn Road to Ashburn Village Boulevard. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
14i. *Land Acquisition for Capital Projects
Land acquisition for capital improvement projects requires a significant investment of staffing and financial resources. This item summarizes how a project type influences land acquisition, the flow process, barriers to quickly acquiring land and the Department of Transportation & Capital Infrastructure’s strategy for land acquisition to move projects to construction as quickly as possible. On September 9, 2014, the Finance/Government Services and Operations Committee voted 5-0 to recommend the Board of Supervisors direct staff to develop a policy for relocation assistance associated with land acquisition activities. This item is proposed for consent.
Supervisor Buona moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee that the Board of Supervisors direct staff to proceed with the development of a policy for relocation assistance consistent with the laws of the Commonwealth of Virginia and return to the Board of Supervisors for policy adoption. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
14j. Non-profit Organizations’ Requests for Property Tax Exemption by Designation
A constitutional amendment providing local governing bodies the authority to grant property tax exemptions by designation was approved by voters in November 2002. The Board of Supervisors exercised that authority until October 7, 2008 when it imposed a moratorium on the granting of exemptions by designation until December 31, 2011. This moratorium was subsequently extended indefinitely on April 17, 2012 and was in place until December 4, 2013 when the Board lifted it and authorized the Commissioner of the Revenue to accept applications from nonprofit organizations interested in obtaining an exemption from real estate taxes, personal property taxes, or both (effective January 1, 2015). At its February 5, 2014 Business Meeting, the Board approved the updated application and the procedures for processing applications for exemption from taxation. The Board also established a tax year 2015 cap of $5.25 million for total property tax revenue foregone due to exemptions by designation. This item presents the applications of elegible non-profit organizations for exemption from property taxation by designation, a summary report of the 22 applications including the calculation of the potential foregone revenue from the previous and current tax years, and breakdown of the $4,591,790 in foregone 2014 revenue (calendar year) due to property tax exemptions by designation previously granted by the Board. On September 9, 2014, the Finance/Government Services and Operations Committee voted 3-0-1-1 (Letourneau abstained, Reid absent for the vote) to recommend the Board of Supervisors adopt an ordinance exempting from real and personal property taxation all eligible organizations submitting applications forwarded by the Commissioner of the Revenue, except Wikimedia Foundation, Inc.
Supervisor Buona moved that the Board of Supervisors adopt an ordinance granting property tax exemption to all of the eligible organizations that submitted applications for exemptions that were forwarded by the Commissioner of the Revenue, as shown in Attachment 1 to the September 17, 2014 Business Meeting Action Item with the exception of Wikimedia. (Seconded by Supervisor Reid. The motion passed 6-1-1-1, Supervisor Delgaudio opposed; Supervisor Letourneau abstained; Supervisor Clarke absent for the vote.)
14k. Fiscal Impact Committee’s Recommended FY 2015 Capital Facility Standards
The Fiscal Impact Committee (FIC) began its review of the County’s Capital Facility Standards on October 11, 2012. The FIC began its review starting with the County’s proposed Public Safety and Public School Capital Facility Standards. After adoption of the FY 2015 Fiscal Plan, the FIC was able to resume its review of the Capital Facility Standards on May 29, 2014, and completed its review of the standards on July 17, 2014. This item presented the final set of Capital Facility Standards recommended by FIC for adoption. On September 9, 2014, the Finance/Government Services and Operations Committee voted 4-0-1 (Reid absent for the vote) to recommend that the Board of Supervisors: 1) adopt the Capital Facility Standards as recommended by the Fiscal Impact Committee; 2) recommend that the Fiscal Impact Committee’s recommended Capital Intensity Factor be scheduled for a future Board of Supervisors’ Public Hearing; and 3) direct staff to create a work plan to investigate options for calculating and establishing formulaic proffer guidelines for regional road contributions associated with future rezonings.
Supervisor Buona moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee that the Board of Supervisors:
a) adopt the Capital Facility Standards as recommended by the Fiscal Impact Committee excluding the equine facility;
b) direct staff to place the Fiscal Impact Committee’s recommended Capital Intensity Factor on a future Board of Supervisors’ Public Hearing agenda; and
c) direct staff to create a work plan to investigate options for calculating and establishing formulaic proffer guidelines for regional road contributions associated with future rezonings. (Seconded by Supervisor Letourneau. The motion passed 7-1-1, Supervisor Higgins opposed; Supervisor Clarke absent for the vote.)
14l. Old Arcola Elementary School Building
At the July 16, 2014 Board of Supervisors Business Meeting, staff provided an account of the history of the Old Arcola Elementary School building and communicated the desire of a community group to have the County renovate and reopen the building. Board members commented on the preliminary cost estimate for renovating the building, how those costs would be financed, and that other uses may be called for in the approved Capital Needs Assessment or revised Capital Facility Standards for this area. Further, Board members asked for information about the Arcola Center rezoning and its associated proffer obligations in regards to the County-owned property. The Board voted 9-0 to send the topic to the September 9, 2014 Finance/Government Services & Operations Committee meeting. On September 9, 2014, the Finance/Governement Services and Operations Committee voted 4-0-1 (Reid absent for the vote) to recommend to the Board of Supervisors that staff explore any viable options for public-private partnership, up to and including selling the site, with the preference being to save the building.
Supervisor Buona moved that the Board of Supervisors direct staff to develop a solicited PPEA for the Old Arcola Elementary School building and site, to include preferences for: preservation of the building; retention, improvement, or expansion of the athletic field(s); and other creative uses that will benefit the community.
Supervisor Buona further moved that the Board of Supervisors direct staff to not actively market the site for sale, but to bring to the Board any unsolicited purchase offers for consideration. (Seconded by Supervisor Letourneau.)
Supervisor Delgaudio moved a substitute motion to place the property on the market for sale. (This motion died due to lack of a second.)
(Supervisor Buona’s original motion passed 8-0-1, Supervisor Clarke absent for the vote.)
14m. Memorandum of Understanding with Healthworks
In April 2014, HealthWorks for Northern Virginia (HWNV) requested additional financial support from the County. Subquently, the Board of Supervisors directed staff to draft a Memorandum of Understanding (MOU) with HealthWorks for Northern Virginia for financial support. This item presents a draft MOU for consideration and information on support for community health centers by other jurisdictions. On September 9, 2014, the Finance/Government Services and Operations Committee voted 3-0-2 (York and Letourneau opposed) to recommend that the Board of Supervisors direct staff to collect information on wether capacity would be available at the Free Clinic to be the primary provider to the uninsured, and what the cost would be for the Free Clinic to provide that service.
Supervisor Buona moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee that the Board of Supervisors direct staff to analyze the capacity of the Loudoun Free Clinic to serve the uninsured client base of HealthWorks for Northern Virginia, as well as an estimate of the related costs. (Seconded by Supervisor Reid.)
Supervisor Buona accepted Supervisor Reid’s friendly amendment to add the following language after Loudoun Free Clinic: “and Urgent Care Centers including but not limited to Patient First, Winding Cross, and INOVA Medical.”
(The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
14n. FY 2016 Preliminary Budget Guidance
For the past five fiscal years, the Finance/Government Services and Operations Committee has provided the County Administrator with budget guidance so that Management and Financial Services has parameters for the preparation of the Administrator’s Proposed Budget. The item provides a summary of budget challenges, prior budget guidance, and a preliminary budget outlook for FY 2016. On September 9, 2014, the Finance/Government Services and Operations Committee voted 5-0 to recommend that the Board of Supervisors direct staff to work to develop a potential revenue sharing agreement with Loudoun County Public Schools. The Committee also voted 4-0-1 (Reid opposed) recommend that the Board of Supervisors direct the County Administrator to prepare the FY 2016 Proposed Budget at the current real property tax rate with options to get to the equalized real property tax rate. The committee also requested staff provide basic information on the funding mechanisms for Loudoun County Public School buses.
Supervisor Buona moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee that the Board of Supervisors direct the County Administrator to prepare a Proposed FY 2016 Budget at the current real property tax rate, with options that would result in a budget at the equalized tax rate.
Supervisor Buona further moved that the Board of Supervisors direct staff to work to develop a potential revenue sharing agreement with Loudoun County Public Schools. (Seconded by Vice Chairman Williams.)
Supervisor Reid requested the motion be divided.
Supervisor Higgins moved a substitute motion to direct the County Administrator to prepare a Proposed FY 2016 Budget at the equalized tax rate with options for the current real property tax rate. (Seconded by Supervisor Delgaudio. The motion failed 4-4-1, Supervisors Buona, Letourneau, Reid, and Williams opposed; Supervisor Clarke absent for the vote.)
Supervisor Buona’s first motion to move that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee that the Board of Supervisors direct the County Administrator to prepare a Proposed FY 2016 Budget at the current real property tax rate, with options that would result in a budget at the equalized tax rate failed 4-4-1, Supervisors Delgaudio, Higgins, Reid, and Volpe opposed; Supervisor Clarke absent for the vote.)
Supervisor Letourneau moved a substitute motion to direct the County Administrator to prepare two Proposed FY 2016 Budgets, one at the equalized tax rate and one at the current real property tax rate. (Seconded by Supervisor Buona. The motion passed 7-1-1, Supervisor Delgaudio opposed; Supervisor Clarke absent for the vote.)
Supervisor Buona’s second motion to direct staff to work to develop a potential revenue sharing agreement with Loudoun County Public Schools passed 8-0-1, Supervisor Clarke absent for the vote.
(The following item was forwarded from the September 10, 2014, Board of Supervisors Public Hearing:)
15. *ZMAP 2013-0007, ZCPA 2013-0005, ZMOD 2013-0003, SPEX 2013-0028, SPEX 2013-0029 /Stone Ridge East II and Community Corner
The purpose of this item is to: 1) rezone approximately 16.69 acres of Stone Ridge East II from the R-1 and the PD-CC-CC zoning districts to the R-8 zoning district to develop up to 80 single family attached and detached dwelling units at a density of approximately 4.79 dwelling units per acre, and approximately 0.03 acres from the PD-CC-CC zoning district to the CLI zoning district for use as open space only; 2) amend the concept plan and proffers approved with ZMAP-2006-0024, Community Corner, to reduce the size of the previously approved PD-CC-CC zoning district from 6.94 acres to 4.65 acres, and to reduce the previously approved square footage for commercial uses from 29,350 square feet to 19,220 square feet, 3) to modify the conditions of approval and special exception plat associated with SPEX-2006-0037, Community Corner Fast Food Restaurant, to relocate a previously approved restaurant, with drive-through facilities, and 4) to permit a new restaurant, with drive-through facilities, of up to 7,500 square feet in size, in the PD-CC-CC zoning district.
The Applicant also requests to carry forward the zoning modification approved with ZMAP-2006-0024, to allow a 45-foot wide yard in lieu of a 100-foot wide yard adjacent to the proposed residential uses on the Property and proposes two (2) new modifications; 1) to relocate a 50-foot wide permanent open space buffer and 2) reduce the width of a required yard adjacent to a residential zoned district.
At their July 15, 2014 public hearing, the Planning Commission voted 9-0 to forward the rezoning application to the Board of Supervisors with a recommendation of approval. At the September 10, 2014 public hearing, the Board of Supervisors voted 9-0 to forward the rezoning application, zoning concept plan amendment, zoning modification, and special exceptions to the September 17, 2014 business meeting. The decision deadline is October 7, 2014.
Supervisor Buona moved that the Board of Supervisors approve ZMAP 2013-0007, ZCPA-2013-0005, ZMOD-2013-0003, SPEX-2013-0028 and SPEX-2013-0029, Community Corner, subject to the Stone Ridge East II Proffer Statement dated August 26, 2014, Community Corner Proffer Statement dated August 26, 2014, Conditions of Approval dated August 26, 2014, and based on the Findings for Approval contained in the September 17, 2014 staff report. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
I. Presentation of Ceremonial Resolutions (To start as early as 6:00 p.m.)
R-1 – *Resolution of Commendation – John Wells
John Wells announced his retirement from Town of Leesburg service, effective October 3, 2014. Mr. Wells served the Town of Leesburg for ten years. Prior to his service with the Town, Mr. Wells enjoyed a long career with Loudoun County. He joined the County as a budget analyst in November 1982. He was appointed Budget Director in 1988 and assumed the Deputy County Administrator position in 1991. The resolution would honor Mr. Wells for his service to the Town and County.
Supervisor Buona moved that the Board of Supervisors adopt a Resolution of Commendation for John Wells for his service to the Town of Leesburg and Loudoun County. (Consent Item) (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke absent for the vote.)
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 session would adversely affect the bargaining position or negotiating strategy of the Board. The subject of the closed session is the acquisition of real property and/or easements to serve the Route 772 Metrorail Station.
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 and briefings by staff members pertaining to actual or probably litigation and specific legal matters requiring the provision of legal advice by such counsel. The subjects of the closed session are (1) an employment law claim, (20 J&D Partnership v. Board of Supervisors of Loudoun County (Civil Action 71260), and Dunlyn LLC v. Board of Supervisors of Loudoun County (Civil Action 71282).
In addition, the authority for this closed session is Section 2.2-3711(A), Subsection (1). The purpose of the closed session is discussion of the assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of the Board. The subject of the closed session is the recruitment of a new County Attorney. (Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Clarke 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.
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 Buona. The motion passed 9-0.)
Resolution Certifying Closed Session
WHEREAS, the Loudoun County Board of Supervisors, this 17th day of September, 2014 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.
Supervisor Reid moved that the Board of Supervisors approve and authorize the settlement of J&D Partnership v. Loudoun County Board of Supervisors (Loudoun County Circuit Court Civil Action No. 71260), as presented by counsel, and authorize the Office of the County Attorney to take any action reasonably necessary to effectuate the settlement. (Seconded by Supervisor Buona. The motion passed 9-0.)
RECONVENED 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 this closed session is Section 2.2-3711(A), Subsection (1). The purpose of the closed session is discussion of the assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of the Board. The subject of the closed session is the recruitment of a new County Attorney. (Seconded by Buona. The motion passed 9-0.)
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.
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 Buona. The motion passed 9-0.)
Resolution Certifying Closed Session
WHEREAS, the Loudoun County Board of Supervisors, this 17th day of September, 2014 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.
Chairman York's Board of Supervisors Reports 
Posted on September 22, 2014
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