The Regency HOA

Reports from BOS Meetings 3.1.10 & 3.2.10

Tue, 09 Mar 2010 08:36:17 -0500

Dear Friend,

Below is the action summary for the Board meetings of March 1st and 2nd. You will see that I am listed as absent on some of the votes that occurred on the 2nd. The reason for that is I had to leave the business meeting early to attend a meeting in Richmond with the Secretary of Transportation.

I want to take this opportunity to thank all of you who came out to speak on the budget this past week. We had a total of 148 people who spoke to us over the 3 hearing sessions designated for budget with 134 of those people having pre-registered to speak. Additionally, I have received probably close to 1000 e-mails regarding the proposed budget.

As an update to the State deliberations on the State budget, it appears that with what was proposed by the House and the Senate, and the unfreezing of the Local Composite Index, along with other proposed changes, we may receive between $35 million to $45 million additional funds. These additional funds were not anticipated at the beginning of our budget process. The State budget work should conclude by the end of next week if the House and the Senate are able to resolve the differences between their respective budget proposals.

Monday night, March 8th, is our monthly Public Hearing which will start at 5:00 PM. Here is the list of items that are on the agenda:

1. APPL 2010-0003 / Zebra Ventures, LLC

Election District: Dulles

Staff Contact: Bradley Polk, Zoning Administration

2. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2010-2011 ANNUAL

ACTION PLAN / Loudoun County Department of Family Services

Election District: Countywide

Staff Contact: Jan Boothby, Dept. of Family Services

3. PROPOSED SALE OF COUNTY OWNED NEIGHBORHOOD STABILIZATION

PROGRAM (NSP) PROPERTY

Election District: Sterling

Staff Contact: Kelly Marrocco, Dept. of Family Services

4. ADOPTION OF THE ANNUAL FEDERAL PUBLIC HOUSING AGENCY (PHA)

PLAN FOR LOUDOUN COUNTY DEPARTMENT OF FAMILY SERVICES

Election District: Countywide

Staff Contact: Stuart Shatz, Dept. of Family Services

5. REVIEW AND RENEWAL, MODIFICATION OR TERMINATION OF THE NEW

OAK HILL AGRICULTURAL AND FORESTAL DISTRICT

Election District: Blue Ridge, Dulles

Staff Contact: Patrick Ryan, Dept. of Economic Development

6. *SPEX 2009-0037, SPEX 2009-0038 / Discovery Communications

Election District: Dulles

Staff Contact: Sophia Fisher, Dept. of Planning

7. SPEX 2009-0006, CMPT 2010-0001 / Dulles Industrial Park South Lot 1

Election District: Dulles

Staff Contact: Marchant Schneider, Dept. of Planning

8. ZMAP 2006-0011 & ZCPA 2006-0003 / Stone Ridge Commercial

Election District: Dulles

Staff Contact: Stephen Gardner, Dept. of Planning

9. ZMAP 2009-0005, SPEX 2009-0009 & CMPT 2009-0001 / Green Energy

Partners/Stonewall Hybrid Energy Park

Election District: Catoctin

Staff Contact: Judi Birkitt, Dept. of Planning

10. CMPT 2008-0020, SPEX 2008-0061, & SPEX 2008-0062 / White�s Ford Park

Election District: Catoctin

Staff Contact: Sophia Fisher, Dept. of Planning

Best wishes,

Scott

Report of the March 1, 2010 Board of Supervisors� General Business Meeting and Public Input:

Listed below is a summary report of the Board�s action taken at its March 1, 2010 General Business Meeting and Public Input.

CALL TO ORDER: Chairman York called the meeting to order.

INVOCATION/PLEDGE OF ALLEGIANCE :The Invocation and Pledge of Allegiance was led by Supervisor Miller.

INFORMATION ITEMS:

BRIEFING ON LEGISLATIVE ISSUES: John Sandy, Assistant County Administrator, presented an update on the legislative program for the 2010 Virginia General Assembly Session.

HB-1300 As Introduced (Kilgore) �Air Pollution Control Board; regulations under the Clean Air Interstate Rule: Chairman York moved that the Board of Supervisors authorize staff to work toward amending HB 1300 as introduced to include the same amendments currently a part of the committee�s substitute for SB128 that allow the State Pollution Control Board to prohibit electric generating facilities located within the non-attainment areas such as Northern Virginia. The motion passed 8-0-1, Supervisor Kurtz absent for the vote.

BRIEFING ON MARCH PUBLIC HEARING: John Merrithew, Department of Planning, briefed the Board of Supervisors on the land use applications scheduled for the March 8, 2010 Public Hearing. He also provided a summary of applications and projected cases expected for the April and May 2010 Public Hearings.

UPCOMING FUTURE ISSUES/ACTIONS FOR COMMITTEE REFERRALS / TIM HEMSTREET, COUNTY ADMINISTRATOR: Tim Hemstreet, County Administrator, provided a brief overview of information items included in the packet. He noted that there would be an update on March 16th regarding the Energy Efficiency Grants to amend the application to reallocate some funds.

CLOSED SESSION: Vice Chairman Buckley moved that the Board of Supervisors recess this public meeting and enter into closed session. The authority for this closed session is Section 2.2.3711(A), Subsection (3), and the purpose of the closed session is the discussion and consideration of the acquisition of real property for public use, where discussion in open session would adversely affect the bargaining position or negotiating strategy of the Board. The subject is the purchase of school sites in the Ashburn Area. In addition, the authority for this closed session is Section 2.2-3711 (A), Subsection (1), and the purpose of the closed session is the discussion of the performance of specific public officers or appointees. The subject of the closed session is review of the contract and performance of the County Attorney and the County Assessor. The motion passed 7-0-2, Supervisors Kurtz and Delgaudio absent for the vote.

APPOINTMENTS:

CONFIRMATIONS:Supervisor Waters moved that the Board of Supervisors confirm the following. The motion passed 8-0-1, Supervisor Kurtz absent for the vote.

Building Code and Appeals Board :

Harry A. Uram

Jeremy Clem

Phil Mahoney

Housing Advisory Board:

Michael J. Scheurer

Community Criminal Justice Board:

Larry Winter Roeder, Jr.

Industrial Development Authority:

Brian Chavis

Dave Culbert

NOMINATIONS:

Loudoun Health Council:

Supervisor Burk nominated Lovely Lall to the Loudoun Health Council.

Building Code and Appeals Board:

Supervisor Waters nominated Jon Allen

Supervisor Miller nominated Bahri Aliriza

Supervisor McGimsey nominated Roy Thillberg

Advisory Plans Examiner Board:

Chairman York nominated Lou Canonico, Joseph Paciulli and Jim Ferguson.

Facilities Standards Manual Advisory Committee:

Supervisor Miller nominated R. Drew Thomas.

RESIGNATION:

Commuter Bus Advisory Board: Supervisor Delgaudio announced that Sue Anne Huber has resigned.

RESOLUTION AND PROCLAMATION / NATIONAL WOMEN�S HISTORY MONTH: Supervisor Burk presented the Resolution and Proclamation for National Women�s History Month.

RESOLUTION OF RESPECT FOR MR. JAMES TIMBERS: Supervisor Miller presented the Resolution of Respect for Mr. James Timbers to the family of the late Mr. Timbers.

Report of the March 2, 2010 Board of Supervisors� Business Meeting

Listed below is a summary report of the Board�s action taken at its March 2, 2010 Business Meeting.

COMMITTEE OF THE WHOLE DISCUSSION � ROUTE 606 RAIL STATION LOCATION: Supervisor Miller moved that the Board of Supervisors allow the stakeholders an opportunity to address the Board at this meeting. The motion passed 5-3-1, Supervisors Burk, Burton, and McGimsey voted no; and Supervisor Kurtz absent for the vote.

Supervisor Miller moved that the Board of Supervisors forward the Route 606 Rail Station Location item to the March 16, 2010 Board Business Meeting. The motion passed 5-3-1, Supervisors Burk, Burton and McGimsey voted no and Supervisor Kurtz absent for the vote.

ADMINISTRATIVE ITEMS REPORT/MARCH 2, 2010: Vice Chairman Buckley moved that the Board of Supervisors approve the Administrative Items Report of March 2, 2010. (Consent Item) The motion passed 8-0-1, Supervisor Kurtz absent for the vote.

BUDGET ADJUSTMENTS: The Board of Supervisors moved to (1) approve the FY 10 budget adjustments as set out in the March 2, 2010 Administrative Items Report, (2) recognize an increase in revenue in the amount of $147,592 in the General Fund for FY 10, and (3) make an increase in FY 10 appropriations of $147,592 in the General Fund: BA-104815, BA-105135, BA-105137, BA-105141, BA-105142, BA-105164, and BA-105179.

SECONDARY ROAD ADDITION:

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

LOUDOUN COUNTY PARKWAY, PHASE 4:The Board of Supervisors moved to adopt the resolution as presented.

ABANDONMENT, ADDITION AND RELOCATED ROADWAY PROJECT � LOVETTSVILLE TOWN CENTER: The Board of Supervisors moved to adopt the resolution as presented.

POTOMAC STATION, SECTIONS 1D AND 1E: The Board of Supervisors moved to adopt the resolution as presented.

SOUTH RIDING, SECTIONS 48, 49, 50, 53 & 65: The Board of Supervisors moved to adopt the resolution as presented.

STONE RIDGE NORTH, INFRASTRUCTURE PHASE 1 (PHASE 5):The Board of Supervisors moved to adopt the resolution as presented.

ZMAP 2008-0023/CEDAR GREEN CHURCH: Vice Chairman Buckley moved that the Board of Supervisors approve ZMAP 2008-0023, Cedar Green Church, subject to the Proffer Statement dated February 22, 2010 and with the Findings for Approval. (Consent Item) The motion passed 8-0-1, Supervisor Kurtz absent for the vote.

RESOLUTION OF COMMENDATION OF EAGLE SCOUT MICHAEL WARTH: Vice Chairman Buckley moved that the Board of Supervisors approve the Resolution of Commendation for Michael Warth, Troop 997, Ashburn, Virginia, recognizing his attainment of the rank of Eagle Scout and that this resolution be made a part of the permanent record of Loudoun County. (Consent Item). The motion passed 8-0-1, Supervisor Kurtz absent for the vote.

DEPARTMENT OF ECONOMIC DEVELOPMENT/RECRUITMENT OF

DIRECTOR:

Supervisor McGimsey moved that the Board of Supervisors support the County Administrator�s recommendation to recruit the Director of Economic Development as an �at will� position which would be exempt from the County�s grievance procedures.

Supervisor McGimsey accepted Supervisor Miller�s friendly amendment that the Board of Supervisors direct staff to include development of a policy with respect to severance for this type of position for dismissal without cause.

Supervisor McGimsey moved an amendment that the Board of Supervisors direct staff to include information regarding bonus and performance plans in developing policy for this type of position.

Supervisor Delgaudio moved a substitute motion that the Board of Supervisors direct the County Administrator to develop a process for the future on all department heads to be at-will and that the County Administrator come back to the Board with a plan. The motion FAILED 2-5-2, Supervisors Delgaudio and Waters voted yes; and Supervisors Kurtz and York absent for the vote.

Supervisor McGimsey�s motion, as amended, passed 5-2-2, Supervisors Burk and Burton voted no and Supervisors Kurtz and York absent for the vote.

PERSONAL PROPERTY TAX RATES FOR TAX YEAR 2010: Supervisor Burton moved that the Board of Supervisors adopt the advertised tax rates for tax year 2010 as shown in Table 1a and Table 1b as part of the FY11 budget.

Supervisor Burton moved to separate the motion as follows:

Supervisor Burton moved that the Board of Supervisors adopt the advertised tax rate for tax year 2010 as shown in Table 1a. The motion passed 7-0-2, Supervisors Kurtz and York absent for the vote.

Supervisor Burton moved that the Board of Supervisors adopt the advertised tax rate for tax year 2010 as shown in Table 1b on Tangible Personal Property � Vehicles Using Clean Special Fuels to increase the rate from $1.00 to $4.20.

Supervisor McGimsey moved a substitute motion that the Board of Supervisors adopt a tax rate of $1.00 for Tangible Personal Property � Vehicles Using Clean Special Fuels. (This motion FAILED due to a lack of a second.)

Supervisor Burton�s motion to adopt the advertised tax rate for tax year 2010 as shown on Table 1b for Tangible Personal Property � Vehicles Using Clean Special Fuels from $1.00 from $4.20 passed 5-2-2, Supervisors Burton and McGimsey voted no and Supervisors Kurtz and York absent for the vote.

Supervisor Burton moved that the Board of Supervisors adopt the advertised tax rate for tax year 2010 as shown on Table 1b for Tangible Personal Property - Motor Vehicles Powered Solely by Electricity for a $2.00 tax rate.

Supervisor McGimsey moved a substitute motion that the Board of Supervisors set the tax rate at $1.00 for tax year 2010 for Tangible Personal Property- Motor Vehicles Powered Solely by Electricity. The motion FAILED 2-5-2, Supervisors McGimsey and Miller voted yes; and Supervisors Kurtz and York absent for the vote.

Supervisor Burton�s original motion to adopt the advertised tax rate for year 2010 as shown in Table 1b for Tangible Personal Property-Motor Vehicles Powered Solely by Electricity at a $2.00 tax rate passed 6-1-2, Supervisor McGimsey voted no and Supervisors Kurtz and York absent for the vote.

Supervisor Burton moved that the Board of Supervisors adopt the advertised tax rate for tax year 2010 as shown in Table 1b at a $1.00 tax rate for Tangible Personal Property- Four-wheeled Electrically-Powered Low-Speed Vehicles. The motion passed 5-2-2, Supervisors Burton and Waters voted no and Supervisors Kurtz and York absent for the vote.

FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE

REPORT:

PROPOSED AMENDMENT TO SECTION 860.093 OF THE LOUDOUN COUNTY ORDINANCE/ABATEMENT OF LEVIES: Vice Chairman Buckley moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to authorize advertisement for the April 12, 2010 Public Hearing on the proposed amendment to Chapter 860.093 of the Codified Ordinances of Loudoun County as indicated in Attachment 1. (Consent Item) The motion passed 8-0-1, Supervisor Kurtz absent for the vote.

MID-YEAR FY 10 LANDFILL FEE WAIVERS FOR LOUDOUN CARES AND LOVETTSVILLE VOLUNTEER FIRE AND RESCUE COMPANY: Vice Chairman Buckley moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to approve the FY 10 mid-year landfill fee waivers for Loudoun Cares and Lovettsville Volunteer Fire and Rescue Company in the amount of $8,830. (Consent Item) The motion passed 8-0-1, Supervisor Kurtz absent for the vote.

LEASING OUT COUNTY-OWNED SPACE TO LOUDOUN MUSEUM: Vice Chairman Buckley moved that the Board of Supervisors direct staff to develop a one-year lease, with an option for two one-year renewals, with the Loudoun Museum for 945 square feet (sf) of space at 108 Edwards Ferry Road, N.E., Leesburg, Virginia for storage of the Museum�s collection, with partial cost reimbursement by the Loudoun Museum of $150/month not to exceed $1,800 for the first year effective April 1, 2010.

Vice Chairman Buckley further moved that the Board of Supervisors add this item to the agenda for the March 16, 2010 Public Hearing. (Consent Item). The motion passed 8-0-1, Supervisor Kurtz absent for the vote.

RESOLUTION OF COMMENDATION :

PAUL M. BOZZAY - Vice Chairman Buckley moved that the Board of Supervisors approve the Resolution of Commendation for Paul M. Bozzay for attaining the rank of Eagle Scout. (Consent Item) The motion passed 8-0-1, Supervisor Kurtz absent for the vote.

ADAM TAYLOR WILLIAM HALL - Vice Chairman Buckley moved that the Board of Supervisors approve the Resolution of Commendation for Adam Taylor William Hall for attaining the rank of Eagle Scout. (Consent Item) The motion passed 8-0-1, Supervisor Kurtz absent for the vote.

JAMIE STEPHENS - Vice Chairman Buckley moved that the Board of Supervisors approve the Resolution of Commendation for Jamie Stephens for attaining the rank of Eagle Scout. (Consent Item) The motion passed 8-0-1, Supervisor Kurtz absent for the vote.

AMENDMENT:

AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) RECOVERY ZONE BONDS : Vice Chairman Buckley moved that the Board of Supervisors adopt an authorizing resolution entitled: RESOLUTION AMENDING A PRIOR RESOLUTION ADOPTED DECEMBER 1, 2009 RELATING TO THE AUTHORIZATION OF A FINANCING LEASE TRANSACTION IN CONNECTION WITH THE AMERICAN RECOVERY AND REINVESTMENT ACT included in Attachment A. (Consent Item) The motion passed 8-0-1, Supervisor Kurtz absent for the vote.

Report from BOS Public Input and BOS Meeting 2.16.10 & 2.17.10

Wed, 24 Feb 2010 14:16:25 -0500

Dear Friend,

Because of all the collective efforts by citizens, local and state government leaders, and the business community, there appears to be good news coming from Richmond regarding the Local Composite Index (LCI). Both the House and Senate budgets support Governor MacDonald�s lifting of the LCI freeze. It appears the House version would give Loudoun an additional $22 million while the Senate version would be around $33.5 million. As we can see neither budget gets us to the full $34.5 million that the change in the LCI was forecasted to give us but that�s because of the $4 billion gap that Richmond needs to make up. The different numbers represent the different proposals of how much is being cut from K-12 funding to close the deficit gap. We should know in the next few weeks what the final number is.

This is very good news and I cannot thank all of you enough who made calls and wrote e-mails to the Governor. I also want to give a huge thank you to the Loudoun County Chamber of Commerce and other business leaders for their hard work on this! The business community efforts played a very important part in our success on the LCI.

With that said, I want to remind you that you have an opportunity to speak on the budget this week. There is a Public Hearing on Wednesday, February 24th, at 3:30 and 6:30, Thursday at 6:30 (if needed) at the County Government Center in Leesburg and Saturday, February 27th, 9:30 am at the Loudoun County Public School Administration building in Ashburn. You may call ahead to register to speak by calling Ann Stewart at 703-771-5072. Deadline for pre registration for Wednesday�s hearing will be noon, and Friday at noon for Saturday�s meeting. Also of interest to you might be our first work session, which is scheduled for 6:30 pm on March 2, with the School Board, to be held here at the Government center. You can attend and listen or watch this on webcast by going to http://www.loudoun.gov/Default.aspx?tabid=1698 .

Let�s keep our fingers crossed that we are done with the big snows and can look forward to spring. The Loudoun Soil and Water Conservation District is now accepting orders for their annual tree seedling sale so if you are interested, go to http://www.loudounsoilandwater.com/ for more information and order forms.

Thank you again for your support and efforts with the LCI.

Best wishes,

Scott

Report of the February 16, 2010 Board of Supervisors� Public Input and General Business Meeting:

Listed below is a summary report of the Board�s action taken at its February 16, 2010 Public Input & General Business Meeting.

ADMINISTRATOR�S COMMENTS: Tim Hemstreet, County Administrator, announced that the Neighborhood Stabilization Program has renovated and sold its first property in the Sugarland Run District. He added that another foreclosed property was recently acquired in the Sterling Park area and is in the process of renovating. He mentioned the two-million dollar grant that was received by the County last year to purchase foreclosed properties in certain Sterling Park and Sugarland Run areas. He added that for more information about the program, visit www.loudoun.gov/nsp.

Mr. Hemstreet also gave an update regarding the two recent snowstorms in the region. He stated that Loudoun County experienced a record setting snowstorm with the first snowstorm providing approximately 32 to 36 inches of snow depending on where you live; and the second snowstorm providing approximately 12 more inches of snow accompanied with extremely high winds. He noted the responsiveness and cooperativeness provided by the Virginia Department of Transportation (VDOT) for keeping the essential roadways open; and with Dominion Virginia Power and NOVEC for keeping in touch with the County regarding power outages throughout the area. He acknowledged the efforts of staff from Public Works, Sheriff�s Office and Fire and Rescue, Animal Rescue along with the National Guard, who helped many people who were stranded on roadways throughout the County; and thanked all staff who had provided exceptional services during and after these emergencies.

INFORMATION ITEMS:

Legislative Issues: John Sandy, Assistant County Administrator, presented an update on the legislative program for the 2010 Virginia General Assembly Session.

Supervisor Miller referred to HB336 and asked staff how he could find out why a bill died.

APPOINTMENTS:

Confirmations: Vice Chairman Buckley moved that the Board of Supervisors confirm the following. The motion passed 8-0-1, Chairman York absent for the vote.

Advisory Commission on Youth: Jeffrey A. Goldman

Building Code and Appeals Board (term expires: February 1, 2014): Ralph LaRock

Nominations:

Building Code and Appeals Board:

Supervisor Burton nominated Harry Uram.

Supervisor Burk nominated Jeremy Clem.

Supervisor Miller nominated Phil Mahoney.

Housing Advisory Board :

Supervisor Kurtz nominated Michael Scheurer.

Community Criminal Justice Board :

Supervisor Miller nominated Larry Winter Roeder, Jr.

Industrial Development Authority:

Supervisor Waters nominated Brian Chavis and Dave Culbert.

Report of the February 17, 2010 Board of Supervisors� Business Meeting:

Listed below is a summary report of the Board�s action taken at its February 17, 2010 Business Meeting.

LOUDOUN COUNTY PUBLIC SCHOOLS - FY11 SCHOOL BOARD ADOPTED BUDGETS/PRESENTATION: John Stevens, Chairman of the Loudoun County Public School Board, made a detailed power point presentation on the FY11 School Board Adopted Budgets. (To view the power point presentation, go to http://www.loudoun.gov/2010packets and select 02-17-10 meeting.)

DISCUSSION ON STRUCTURE OF ECONOMIC DEVELOPMENT: Tim Hemstreet, County Administrator, briefly discussed the structure of Economic Development within the County. He requested the Board�s direction on this matter prior to recruitment of a new Director of the Department of Economic Development.

Supervisor Delgaudio moved that the Board of Supervisors enter into a Committee of the Whole discussion. The motion passed 9-0.

Supervisor Delgaudio moved that the Board of Supervisors move out of Committee of the Whole. The motion passed 9-0.

Chairman York moved that the Board of Supervisors request the County Administrator to bring forward at the March 2, 2010 Board Business Meeting an item that further discusses moving forward with the recruitment of an Economic Development Director and to look at contract-based employment to be structured under the Office of the County Administrator.

Supervisor Delgaudio moved a substitute motion that the Board of Supervisors request that staff establish an entirely new Economic Development Authority. The motion FAILED 3-6, Supervisors Buckley, Delgaudio and Waters voted yes.

Voting on Chairman York�s Original motion: The motion passed 8-1, Supervisor Burk voted no.

BUDGET ADJUSTMENTS: The Board of Supervisors moved to (1) approve the FY 10 budget adjustments as set out in the February 17, 2010 Administrative Items Report, (2) recognize an increase in revenue in the amount of $410,774 in the General Fund for FY 10, and (3) make an increase in FY 10 appropriations of $456,489 in the General Fund:

BA-104946, BA-104947, BA-104948, BA-104968, BA-104966,

BA-104984, BA-104988, BA-104994, BA-105021, BA-105054,

BA-105066, BA-105098, BA-105099, and BA-105126.

DEEDS FOR APPROVAL: The Board of Supervisors moved to approve the following Deed for Approval:

a) ESMT-2009-0059 � Station View.

TIMELINE EXTENSION FOR CMPT 2009-0012/TOWN OF LEESBURG LOWER SYCOLIN PUMP STATION: The Board of Supervisors moved to approve a timeline extension to June 1, 2010, for Planning Commission action on CMPT 2009-0012, Town of Leesburg Lower Sycolin Pump Station.

CORRECTION TO TABLE 1 OF THE BOARD OF SUPERVISORS� MEETING SCHEDULE FOR 2010: The Board of Supervisors moved to approve the changes noted in bold of the Board of Supervisors� Meeting Schedule for 2010.

REVISED SCHEDULE ADJUSTMENTS FOR 2010 (See changes noted in red)

Board Meeting Date	Conflict	New Meeting Dates
January 18, 2010 Public Input & General Business Meeting at 6:00 p.m.	Martin Luther King, Jr. Holiday	Public Input & General Business Meeting changed to Tuesday, January 19, 2010 6:00 P.M.
January 19, 2010 Business Meeting	Martin Luther King, Jr. Holiday	Board Business Meeting changed to Wednesday, January 20, 2010 at 9:00 A.M. (The Board shifted all meetings by one day due to holiday.)
February 15, 2010 Public Input & General Business Meeting at 6:00 p.m.	President�s Day Holiday	Public Input & General Business Meeting changed to Tuesday, February 16, 2010 at 6:00 P.M.
February 16, 2010 Business Meeting	President�s Day Holiday	Board Business Meeting changed to Wednesday, February 17, 2010 at 9:00 A.M. (The Board shifted all meetings by one day due to holiday.)
May 31, 2010 Public Input & General Business Meeting	Memorial Day	Public Input & General Business Meeting changed to Tuesday, June 1, 2010 at 6:00 P.M.
June 1, 2020 Business Meeting	Memorial Day	Board Business Meeting Changed to Wednesday, June 2, 2010 at 9:00 A.M. (The Board will shift all meetings by one day due to holiday.)
July 5, 2010 Public Input & General Business Meeting at 6:00 p.m.	Independence Day	Public Input & General Business Meeting changed to Tuesday, July 6, 2010 at 6:00 P.M.
July 6, 2010 Business Meeting	Independence Day	Board Business Meeting changed to Wednesday, July 7, 2010 at 9:00 A.M. (The Board shifted all meetings by one day due to holiday.)
September 6, 2010 Public Input & General Business Meeting at 6:00 p.m.	Labor Day Holiday	Public Input & General Business Meeting changed to Tuesday, September 7, 2010 at 6:00 P.M.
September 7, 2010 Business Meeting	Labor Day Holiday	Business Meeting changed to Wednesday, September 8, 2010 at 9:00 A.M. (The Board shifted all meetings by one day due to holiday.)
October 11, 2010 Public Hearing at 6:30 p.m.	Columbus Day Holiday	Public Hearing to Tuesday, October 12, 2010 at 6:30 p.m.
November 2, 2010 Business Meeting at 9:00 a.m.	Election Day	Business Meeting changed to Wednesday, November 3, 2010 at 9:00 a.m. (The Board shifted all meetings by one day due to holiday.)

DECLARATION OF EMERGENCY � WINTER STORMS OCCURRING FEBRUARY 5-7 AND FEBRUARY 9-10, 2010: The Board of Supervisors moved to confirm the declaration of a local emergency as a result of the significant accumulating snow and further declare the local emergency remain open until recovery efforts have been completed as of the adoption of the attached resolution.

LEGISLATIVE ISSUES FOR 2010 GENERAL ASSEMBLY: John Sandy, County Administration, briefed the Board on legislative issues on Tuesday, February 16, 2010 at the General Business and Public Input Meeting.

PROPOSED ZONING ORDINANCE AMENDMENT � RURAL RECREATIONAL ESTABLISHMENT/OUTDOOR USE: Supervisor Burton moved that the Board of Supervisors direct staff to draft a Resolution of Intent to Amend the Zoning Ordinance to permit the �Rural Recreational Establishment, Outdoor Use by minor special exception in the Agricultural Rural-1 (AR-1), Agricultural Rural-2 (AR-2), Joint Land Management Area-20 (JLMA-20), and Transitional Residential-10 (TR-10) zoning districts.

Supervisor Burton further moved that the Resolution of Intent to Amend also include minimum performance standards for the �Rural Recreational Establishment, Outdoor� use.

Supervisor Burton accepted Mrs. Waters� friendly amendment that staff work with the Rural Economic Development Council in developing the performance standards that come forward.

Supervisor Burton�s motion, as amended, passed 8-1, Supervisor Delgaudio voted no.5.

BOARD MEMBER INITIATIVE:

EXPANDING SIGN ORDINANCE REVIEW TO ADD OFF-SITE DIRECTIONAL SIGN STANDARDS FOR RELIGIOUS ASSEMBLY AND CIVIC USES: Supervisor Waters moved that the Board of Supervisors approve the Resolution of Intent to Amend the Revised 1993 Loudoun County Zoning Ordinance, dated February 17, 2010, to add off-site directional sign standards for religious assembly and civic uses. The motion passed 8-1, Supervisor Burton voted no.

PROPOSED PEDESTRIAN AND BICYCLE IMPROVEMENTS FOR ATLANTIC BOULEVARD CORRIDOR: Supervisor McGimsey moved that the Board of Supervisors forward this item to the Transportation & Land Use Committee for discussion and action, directing staff to report on the potential of additional pedestrian and bicycle facilities and to determine estimated construction, engineering, design costs, and funding options for the construction of these features along the Atlantic Boulevard Corridor. The motion passed 9-0.

RESOLUTION AND PROCLAMATION/NATIONAL WOMEN�S HISTORY MONTH: Supervisor McGimsey moved that the Board of Supervisors approve the Resolution and Proclamation for Women�s History Month. (Consent Item) The motion passed 9-0.

RESOLUTION OF RESPECT FOR MR. JAMES TIMBERS: Supervisor McGimsey moved that the Board of Supervisors approve the Resolution of Respect for Mr. James Timbers. (Consent Item) The motion passed 9-0.

TRANSPORTATION/LAND USE COMMITTEE REPORT:

ZMAP 2009-0001, ZOAM 2009-0002/DOAM 2009-0002/LIMESTONE OVERLAY DISTRICT: Supervisor Burk moved that the Board of Supervisors approve ZMAP 2009-0001/ZOAM 2009-0001/DOAM 2009-0002, Limestone Overlay District, together with amendments to Chapters 1040 and 1066 of the Codified Ordinances, as contained in Attachments 1 through 7; that the Board of Supervisors acknowledge that adoption of these amendments shall not affect the vested rights of any landowners; that for purposes of these amendments, the �Action Date� shall be February 17, 2010; and that the Board of Supervisors direct staff to implement all �Additional Recommendations� contained within Attachment 9, �Planning Commission�s Additional Recommendations,� with the exception of recommendation #6.

Supervisor Delgaudio moved that the Board of Supervisors postpone action on ZMAP 2009-0001, ZOAM 2009-0002/DOAM 2009-0002/Limestone Overlay District for purposes of waiting on the EPA study. The motion FAILED 2-7, Supervisors Delgaudio and Waters voted yes.

Supervisor Delgaudio moved that the Board of Supervisors direct staff to investigate the supply of water for the entire Limestone Overlay District and come forward with a separate item. (This motion was ruled out of order.)

Voting on Supervisor Burk�s Original Motion: The motion passed 7-2, Supervisors Delgaudio and Waters voted no.

AMENDMENTS TO ARTICLE VI OF THE ZONING ORDINANCE/ACTIVE AND INACTIVE APPLICATIONS: Supervisor Burk moved that the Board of Supervisors direct staff to prepare a Resolution of Intent to Amend Article 6 and any other related articles of the Revised 1993 Zoning Ordinance to revise language requiring Board approval of inactive status for legislative land development applications and to further consider amendments that would deem existing inactive applications as withdrawn. The motion passed 8-1, Supervisor Delgaudio voted no.

PHASE II DULLES CORRIDOR, ROUTE 606 RAIL STATION LOCATION ISSUES: Supervisor Miller moved that the Board of Supervisors refer the question of Loudoun�s vision for the Route 606 rail station and the need for a study to a Committee of the Whole discussion at a future Board of Supervisors� Business Meeting. The motion passed 9-0.

ZOAM 2009-0002/PROPOSED ZONING AMENDMENT ON SECTION 5-800 TO RESTRICT PARKING OF VEHICLES ON UNPAVED SURFACES AND LIMIT PAVING OF YARD AREAS IN RESIDENTIAL AND PLANNED DEVELOPMENT-HOUSING ZONING DISTRICTS: Supervisor McGimsey moved that the Board of Supervisors approve ZOAM 2009-0002, to amend Section 5-800 of the Revised 1993 Loudoun County Zoning Ordinance to restrict the parking of vehicles on unpaved surfaces in yards and to limit paved parking surfaces in front and rear yards to a percentage of the total yard area in certain zoning districts, as contained in Attachment 3, Pages A3-1 through A3-2.

Supervisor McGimsey further moved that the Board of Supervisors find that this Attachment is required by the public necessity, convenience, general welfare and good zoning practice. (Consent Item) The motion passed 9-0.

FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE REPORT:

FISCAL IMPACT COMMITTEE RECOMMENDED FY 11 CAPITAL FACILITY STANDARDS FOR FINAL REVIEW AND RECOMMENDATION: Supervisor Burton moved that the Board of Supervisors approve the recommendation by the Finance/Government Services and Operations Committee to adopt the Fiscal Impact Committee�s FY 11 Recommended Capital Facility Standards as contained in Table 2.

Supervisor Burton further moved that the Capital Facility Standards� effective date be July 1, 2010. The motion passed 9-0.

LEASE OF OFFICE SPACE FOR DEPARTMENT OF BUILDING AND DEVELOPMENT CODE ENFORCEMENT DIVISION: Chairman York moved that the Board of Supervisors approve a new five-year lease for the Code Enforcement Division of the Department of Building and Development at 1503 Edwards Ferry Road, Leesburg, Virginia, effective May 1, 2010 at a cost of $22.25/sf; $222,500 for the first year. The motion passed 9-0.

MC CORMICK OPEN SPACE EASEMENT: Supervisor McGimsey moved that the Board of Supervisors approve the acceptance of the Deeds of Open Space Easement on the McCormick (PIN 536-48-3743) and the McCormick/Ryan property (PIN 536-49-0509).

Supervisor McGimsey further moved that (1) the acceptance of these gifts is subject to approval in the form of the deeds by the County Attorney; and (2) the County Administrator is authorized to execute the deeds of gift and related documents. (Consent Item) The motion passed 9-0.

CLOSED SESSION: Chairman York moved that the Board of Supervisors pursuant to Section 2.2-3711 of the Code of Virginia, the 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 (7), and the purpose of the closed session is consultation with legal counsel on specific legal matters requiring the provision of legal advice by such council. The subject of the closed session is Beltway Vending v. Loudoun County.

In addition, the authority for this closed session is Section 2.2-3711 (A), Subsection (3), [Discussion of the acquisition of real property for public use] and Subsection (6) {Discussion of the award, scope and terms of the public contract], where discussion in open session would adversely affect the bargaining position or strategy of the Board. The subject of the closed session is the consideration of PPEA proposals for the acquisition of land and construction of a public safety center in the Route 28 Corridor. (Seconded by Supervisor Miller. The motion passed 8-0-1, Supervisor Kurtz absent for the vote.)

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

BUDGET OVERVIEW/PRESENTATION: Ben Mays, Management & Financial Services, made a brief presentation on the FY11 Budget document and noted that there were several errors found in the Budget document. He provided Board members with copies of these changes. (To view the budget documents, visit www.Loudoun.gov/budget.)

Board members commented on the process for the upcoming Budget Worksessions.

Chairman York noted that the first budget work session was scheduled with the School Board for March 2, 2010 at 6:30 in the Board Room. www.Loudoun.gov/budget.

Report from BOS Public Input and BOS Meeting 2.16.10 & 2.17.10

Wed, 24 Feb 2010 14:16:00 -0500

Dear Friend,

Thank you again for your support and efforts with the LCI.

Best wishes,

Scott

Report of the February 16, 2010 Board of Supervisors� Public Input and General Business Meeting:

Listed below is a summary report of the Board�s action taken at its February 16, 2010 Public Input & General Business Meeting.

INFORMATION ITEMS:

Legislative Issues: John Sandy, Assistant County Administrator, presented an update on the legislative program for the 2010 Virginia General Assembly Session.

Supervisor Miller referred to HB336 and asked staff how he could find out why a bill died.

APPOINTMENTS:

Confirmations: Vice Chairman Buckley moved that the Board of Supervisors confirm the following. The motion passed 8-0-1, Chairman York absent for the vote.

Advisory Commission on Youth: Jeffrey A. Goldman

Building Code and Appeals Board (term expires: February 1, 2014): Ralph LaRock

Nominations:

Building Code and Appeals Board:

Supervisor Burton nominated Harry Uram.

Supervisor Burk nominated Jeremy Clem.

Supervisor Miller nominated Phil Mahoney.

Housing Advisory Board :

Supervisor Kurtz nominated Michael Scheurer.

Community Criminal Justice Board :

Supervisor Miller nominated Larry Winter Roeder, Jr.

Industrial Development Authority:

Supervisor Waters nominated Brian Chavis and Dave Culbert.

Report of the February 17, 2010 Board of Supervisors� Business Meeting:

Listed below is a summary report of the Board�s action taken at its February 17, 2010 Business Meeting.

Supervisor Delgaudio moved that the Board of Supervisors enter into a Committee of the Whole discussion. The motion passed 9-0.

Supervisor Delgaudio moved that the Board of Supervisors move out of Committee of the Whole. The motion passed 9-0.

Voting on Chairman York�s Original motion: The motion passed 8-1, Supervisor Burk voted no.

BA-104946, BA-104947, BA-104948, BA-104968, BA-104966,

BA-104984, BA-104988, BA-104994, BA-105021, BA-105054,

BA-105066, BA-105098, BA-105099, and BA-105126.

DEEDS FOR APPROVAL: The Board of Supervisors moved to approve the following Deed for Approval:

a) ESMT-2009-0059 � Station View.

REVISED SCHEDULE ADJUSTMENTS FOR 2010 (See changes noted in red)

Board Meeting Date	Conflict	New Meeting Dates
January 18, 2010 Public Input & General Business Meeting at 6:00 p.m.	Martin Luther King, Jr. Holiday	Public Input & General Business Meeting changed to Tuesday, January 19, 2010 6:00 P.M.
January 19, 2010 Business Meeting	Martin Luther King, Jr. Holiday	Board Business Meeting changed to Wednesday, January 20, 2010 at 9:00 A.M. (The Board shifted all meetings by one day due to holiday.)
February 15, 2010 Public Input & General Business Meeting at 6:00 p.m.	President�s Day Holiday	Public Input & General Business Meeting changed to Tuesday, February 16, 2010 at 6:00 P.M.
February 16, 2010 Business Meeting	President�s Day Holiday	Board Business Meeting changed to Wednesday, February 17, 2010 at 9:00 A.M. (The Board shifted all meetings by one day due to holiday.)
May 31, 2010 Public Input & General Business Meeting	Memorial Day	Public Input & General Business Meeting changed to Tuesday, June 1, 2010 at 6:00 P.M.
June 1, 2020 Business Meeting	Memorial Day	Board Business Meeting Changed to Wednesday, June 2, 2010 at 9:00 A.M. (The Board will shift all meetings by one day due to holiday.)
July 5, 2010 Public Input & General Business Meeting at 6:00 p.m.	Independence Day	Public Input & General Business Meeting changed to Tuesday, July 6, 2010 at 6:00 P.M.
July 6, 2010 Business Meeting	Independence Day	Board Business Meeting changed to Wednesday, July 7, 2010 at 9:00 A.M. (The Board shifted all meetings by one day due to holiday.)
September 6, 2010 Public Input & General Business Meeting at 6:00 p.m.	Labor Day Holiday	Public Input & General Business Meeting changed to Tuesday, September 7, 2010 at 6:00 P.M.
September 7, 2010 Business Meeting	Labor Day Holiday	Business Meeting changed to Wednesday, September 8, 2010 at 9:00 A.M. (The Board shifted all meetings by one day due to holiday.)
October 11, 2010 Public Hearing at 6:30 p.m.	Columbus Day Holiday	Public Hearing to Tuesday, October 12, 2010 at 6:30 p.m.
November 2, 2010 Business Meeting at 9:00 a.m.	Election Day	Business Meeting changed to Wednesday, November 3, 2010 at 9:00 a.m. (The Board shifted all meetings by one day due to holiday.)

Supervisor Burton further moved that the Resolution of Intent to Amend also include minimum performance standards for the �Rural Recreational Establishment, Outdoor� use.

Supervisor Burton accepted Mrs. Waters� friendly amendment that staff work with the Rural Economic Development Council in developing the performance standards that come forward.

Supervisor Burton�s motion, as amended, passed 8-1, Supervisor Delgaudio voted no.5.

BOARD MEMBER INITIATIVE:

RESOLUTION OF RESPECT FOR MR. JAMES TIMBERS: Supervisor McGimsey moved that the Board of Supervisors approve the Resolution of Respect for Mr. James Timbers. (Consent Item) The motion passed 9-0.

TRANSPORTATION/LAND USE COMMITTEE REPORT:

Voting on Supervisor Burk�s Original Motion: The motion passed 7-2, Supervisors Delgaudio and Waters voted no.

FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE REPORT:

Supervisor Burton further moved that the Capital Facility Standards� effective date be July 1, 2010. The motion passed 9-0.

Board members commented on the process for the upcoming Budget Worksessions.

Chairman York noted that the first budget work session was scheduled with the School Board for March 2, 2010 at 6:30 in the Board Room. www.Loudoun.gov/budget.

Report of BOS Business Meeting 2.1/2.2.2010

Thu, 18 Feb 2010 17:06:19 -0500

Dear Friends,

I want to thank all of you who answered my call for help this week by writing and calling the Governor regarding the Local Composite Index (LCI). Governor Bob McDonnell announced Monday that he will support updating the LCI. The proposal to freeze the Index was unprecedented, and would have cost Loudoun County up to $34 million in state education funding.

Speaking about his decision, Governor McDonnell stated, "For nearly forty years, the Local Composite Index has been an impartial means by which to determine state and local responsibility for education funding in Virginia. The application of this Index has always been done in an objective manner, using the most recent fiscal data to most fairly apportion state resources. For many school districts, particularly in Northern Virginia, the biennial update of the Index has meant far less funding from the state than that received by school districts in localities experiencing lesser rates of economic growth. Accordingly, I will not support the proposed freeze in the budget introduced by the previous Administration. The Local Composite Index must be applied to all localities, at all times, in the same objective and fair manner by which it has always been utilized."

Again, thank you for help on this issue as we could not have done this without the many e-mails and calls from you. I would also like to thank Governor McDonnell for taking the time to meet with the Chairs of Fairfax County, Prince William County and me, and for his decision to undo the LCI freeze proposed by former Governor Kaine.

It has been a rough couple of days for all of us as we try and dig out of this past weekend�s storm. VDOT estimated that in Northern Virginia it has cleared 500,000 tons of snow.

Unfortunately, round two is to start as the National Weather Service has issued another Winter Storm Warning for Loudoun County effective noon today through Wednesday at 7:00 PM. 10" to 20" of additional snow is expected to fall beginning mid-day, with 1" to 2" by dark. The heaviest snowfall will be during the overnight hours with the event ending during the day Wednesday. Once the snow leaves we will have to contend with winds. The winds will become a factor as gusts of 25 - 30 mph are expected.

Loudoun County public safety officials are emphasizing three of the most important things that people can do as we continue to see more snowfall.

1) Clear the area around the fire hydrants and dry hydrants in your neighborhood. Clearing the snow from around the hydrants will enable fire and rescue personnel to access the hydrants quickly in the event of an emergency.

2) Make sure your address is visible for emergency personnel. If your address has been covered up by the snow, write it in clear, contrasting, large print on a piece of paper and place it on your front door.

3) Check on your neighbors, especially the elderly and homebound and especially in rural areas.

Please stay safe & warm.

Scott

Report of the February 1, 2010 Board of Supervisors� Public Input and General Business Meeting:

Listed below is a summary report of the Board�s action taken at its February 1, 2010 Public Input & General Business Meeting.

CALL TO ORDER ; Chairman York called the meeting to order.

INVOCATION/PLEDGE OF ALLEGIANCE :The Pledge of Allegiance was led by Supervisor Burk.

SWEARING IN CEREMONY FOR 2010 VOLUNTEER FIRE AND RESCUE OFFICERS: Chairman York thanked the dedication of all Loudoun County Fire and Rescue Volunteers. He led the swearing in of the following 2010 Fire and Rescue volunteer officers:

Stations 1 & 20 Leesburg Fire � President Brian Duddy, and Fire Chief Wayne Whetsell;

Station 2 Purcellville Fire � President Rick Reave; and Fire Chief James Counselman;

Station 3 Middleburg Fire & Rescue � President Brad Draisey and Fire Chief Joseph Murphy;

Station 4 Round Hill Fire & Rescue � President Fenton Simpson, Fire Chief Gene Thomas, and Asst Rescue Chief Kim Walker;

Station 5 Hamilton Fire � President Mike Debaise and Fire Chief Keith Virts;

Stations 6 & 22 Ashburn Fire & Rescue � President Carl Cowan, Fire Chief Dan Cohn, Asst Fire Chief Miguel Quijano, and Asst Rescue Chief Eric Steward;

Station 7 Aldie Fire � President Bernie Boteler and Fire Chief Buzzy Carter;

Station 8 Philomont Fire � President Edward Zimmerman and Fire Chief Pete West;

Station 9 Arcola-Pleasant Valley Fire & Rescue � President Rebeccda McKenna, Fire Chief Tony Schloss, and Rescue Chief Edna Algie-Hoppes;

Station 10 Lucketts Fire � President and Fire Chief James Hobbie;

Stations 11 & 18 Sterling Fire � President David Short and Fire Chief Mickey Buchanan;

Station 12 Lovettsville Fire & Rescue � President Don Beery, Fire Chief Lewis Smallwood, and Rescue Chief Tracey Senate;

Station 13 Loudoun County Rescue � President Jeff Frazee and Rescue Chief Marie Powell;

Station 14 Purcellville Rescue � President Sue Johnson and Rescue Chief Linda Curtis;

Stations 15 & 25 Sterling Rescue � President PJ Azzolina and Rescue Chief Byron Andrews;

Station 16 Neersville Fire � President James Dumbrell, Fire Chief James Dunagin, and Asst Rescue Chief Lorraine Leckliter; and

Station 17 Hamilton Rescue � President Richard Bechtold and Rescue Chief Jody Marker.

ADMINISTRATOR�S COMMENTS: Tim Hemstreet, County Administrator, announced that he had no comments at this time.

INFORMATION ITEMS:

BRIEFING ON LEGISLATIVE ISSUES: Chairman York announced that John Sandy, Assistant County Administrator, would be briefing the Board on bills which are before the 2010 Virginia General Assembly Session at the February 2, 2010 Business Meeting.

BRIEFING ON FEBRUARY PUBLIC HEARING: John Merrithew, Department of Planning, briefed the Board of Supervisors on the land use applications scheduled for the February 8, 2010 Public Hearing and provided a summary of applications and projected cases expected for the March and April Public Hearings.

2010 REAL PROPERTY ASSESSMENT OVERVIEW AND FORECAST BY THE COUNTY ASSESSOR: Todd Kaufman, County Assessor, made a presentation of 2010 real property assessments and forecast by the County Assessor. He included a summary related to the roll January 1, 2010 real property assessment portfolio.

INFORMATION ITEMS / UPCOMING FUTURE ISSUES / ACTIONS FOR COMMITTEE REFERRALS:

A. Tim Hemstreet, County Administrator: Mr. Hemstreet briefed the Board on how the information items from former committees will now be presented. He noted that the written significant incident reports from the Sheriff and Fire Chief will be provided to the full Board on a monthly basis. The Sheriff and the Fire Chief will provide verbal briefings of significant incidents to the Board every other month, with the Sheriff scheduled to present a report at the February 2, 2010 business meeting. He added that there will be no presentation scheduled for the month of March due to budget deliberations; and that Fire Chief is scheduled to present in April. Items from this report that the Board wants to discuss in detail should be forwarded to the Chair to place the item on a future agenda for discussion.

Supervisor McGimsey requested that an update be provided on the following: Green Business Challenge � how many businesses are involved and what is the plan involved in partnering with the Chamber of Commerce; submission on the Energy Efficiency and Conservation Block Grant project; Implementation plan � staffing, budget, projects voted on; and the EPA Pilot Training-construction companies on performing energy retrofits.

B. Scott York, Chairman: Chairman York reminded the public that the County Administrator would be presenting his budget to the Board of Supervisors on Feb. 8th at 4:00 pm in the Board Room. He encouraged everyone to participate during the budget process. He requested Board members to let him know offline if they wanted an update on any issue/information.

APPOINTMENTS: Appointments for February 1, 2010

Confirmations:

Supervisor Kurtz moved that the Board of Supervisors confirm the following, the motion passed 9-0:

1. Disability Services Board:

Lovely Lall

2. Loudoun Health Council:

Reverend Dr. David Milam (Faith-Based Community Representative)

3. Route 28 Tax District Advisory Board:

Michelle Frank

Nominations:

4. Building Code Appeals Board:

Supervisor Burk nominated Ralph Larock.

5. Advisory Commission on Youth:

Supervisor Waters nominated Jeffrey Boldman.

6. Northern Virginia Manpower Consortium Workforce Investment Board:

Chairman York moved that the Board of Supervisors suspend the rules. The motion passed 9-0.

Chairman York moved that the Board of Supervisors nominate and confirm Buddy Rizer as the Loudoun County Department of Economic Development representative . The motion passed 9-0.

ADOPTION OF PRESENTATION OF CEREMONIAL RESOLUTIONS:

RESOLUTION HONORING BROAD RUN HIGH SCHOOL FOOTBALL STATE CHAMPIONSHIP TEAM: Supervisor Waters presented the Resolution Honoring Broad Run High School Football State Championship Team.

RESOLUTION AND PROCLAMATION / BLACK HISTORY MONTH: Supervisor Burk presented the Resolution and Proclamation to recognize February as Black History Month in Loudoun County.

Report of the February 2, 2010 Board of Supervisors� Business Meeting:

Listed below is a summary report of the Board�s action taken at its February 2, 2010 Business Meeting.

BRIEFING BY SHERIFF STEVE SIMPSON ON SIGNIFICANT INCIDENT REPORT: Sheriff Steve Simpson provided the Board a brief update on Significant Incident Report. He briefly discussed the DARE program, the Community Policing program, the School Resource Program, and other important programs.

Chairman York added that Sheriff Simpson would return to brief the Board at the May 3rd Business Meeting on the Significant Incident Report.

Supervisor Delgaudio asked that Sheriff Simpson review the legislation that outlaws or prohibits solicitors and report back to the Board. He asked that he report what percentage of the accidents were due to distractions.

ADMINISTRATIVE ITEMS REPORT /FEBRUARY 2, 2010: Supervisor Waters moved that the Board of Supervisors approve the Administrative Items Report of February 2, 2010, as amended (adding Item d). The motion passed 9-0.

BUDGET ADJUSTMENTS: The Board of Supervisors moved to approve the FY10 budget adjustment, BA-104944 as set out in the February 2, 2010 Administrative Items Report.

DEEDS FOR APPROVAL: The Board of Supervisors moved to approve the following Deed for Approval:

a) ESMT-2009-0052 � Dulles Overlook, Route 607 & Route 7

Interchange.

TIMELINE EXTENSION / CMPT 2008-0020 � WHITE�S FORD PARK: The Board of Supervisors moved to approve a timeline extension to March 10, 2010 for Planning Commission action on CMPT 2008-0020, White�s Ford Park.

LEGISLATIVE ISSUES FOR 2010 GENERAL ASSEMBLY:

SECTION 1: JANUARY 24, 2010 MEMORANDUM WITH RECORDED STRAW POLL & STRAW POLL VOTE MATRIX

A. BILLS THAT DID NOT RECEIVE UNANIMOUS AGREEMENT ON SUGGESTED POSITIONS:

1. HB 478 (Carrico) � Citizen reported issues and requests; locality to establish database for information:

Chairman York moved that the Board of Supervisors oppose HB 478, or similar legislation that mandates that localities establish a database of citizen-reported issues and requests for information, and the governmental response to such citizen inquiries and requires maintenance of the database in a format that allows public access via the Internet. The motion passed 8-1, Supervisor Delgaudio voted no.

2. HB 515 (Rust) � Wetlands and stream mitigation:

Chairman York moved that the Board of Supervisors oppose HB 515, and similar legislation, that would prohibit localities from imposing by ordinance, policy, plan or any other means, provisions related to regulating wetlands and stream mitigation projects. The motion passed 7-2, Supervisors Delgaudio and Waters voted no.

Supervisor McGimsey asked that staff obtain the broker�s name and provide this information to the Board.

3. HB 570 (Iaquinto) � Real property tax assessments; appeals:

Chairman York moved that the Board of Supervisors oppose HB 570, and similar legislation, that changes the burden of proof from the taxpayer to the assessor when a taxpayer appeals the assessment of real property to a board of equalization or to a circuit court. The motion passed 8-1, Supervisor Delgaudio voted no.

4. HB 667 (May) � Virginia Residential Property Disclosure Act; wastewater systems:

Chairman York moved that the Board of Supervisors support HB 667, and similar legislation, that adds to the seller�s representation the presence, general specifications and maintenance requirements of any wastewater system to serve as notice to the prospective purchaser. The motion passed 8-1, Supervisor Delgaudio voted no.

5. HB 781 (LeMunyon) � School divisions, local; certain reporting requirements:

Chairman York moved that the Board of Supervisors support HB 781, and similar legislation, that eliminates or reduces certain reporting requirements of local schools. The motion passed 8-1, Supervisor Miller voted no.

B. BILLS THAT RECEIVED UNANIMOUS CONSENT ON SUGGESTED

POSITIONS:

Chairman York moved that the Board of Supervisors affirm their decisions reached for those bills for which there was a 9-0 unanimous consent in their straw poll for the January 24, 2010 Memorandum in Attachment I and Addendum of January 30, 2010 (Page A-5) . The motion passed 9-0.

6. HB 246 (Merricks) � Local government investment pool; limitations.

Suggested Position: OPPOSE HB 246 and similar legislation.

7. HB 412 (Oder) � Local regulation of the number of open-end credit lenders and payday lenders.

Suggested Position: SUPPORT HB 412 and similar legislation.

8. HB 413 (Oder) � Land use regulations; lending activities.

Suggested Position: SUPPORT HB 413 and similar legislation.

9. HB 628 (Kilgore) � Undergrounding of electric transmission lines.

Suggested Position: OPPOSE HB 628 and similar legislation.

10. HB 669 (May); SB 413 (Vogel); SB 557 (M. Herring) � Triennial census of school population; sales and use tax distribution.

Suggested Position: SUPPORT HB 669, SB 413 and SB 557 and similar legislation.

11. HB 671 (May) � State Corporation Commission; public hearings.

Suggested Position: SUPPORT HB 671 and similar legislation.

12. HB 675 (May) � Approval of transmission lines; environmental impact.

Suggested Position: SUPPORT HB 675 and similar legislation.

13. HB 839 (Carr) � Fines under local ordinances; Literary Fund.

Suggested Position: OPPOSE HB 839 and similar legislation.

14. SB 135 (Obenshain) � Public schools; delay textbook purchases.

Suggested Position: SUPPORT SB 135 and similar legislation.

15. SB 235 (Watkins) � Solid waste management fees.

Suggested Position: OPPOSE SB 235 and similar legislation.

16. SB 430 (M. Herring) � State and Local Government Conflict of Interests Act; Disclosure of Interest in Real Estate:

Suggested Position: SUPPORT SB 430 and similar legislation.

ADDENDUM/JANUARY 30TH MEMORANDUM (PAGE A-5)

HB-429 (Griffith) � Animal welfare; prohibits city or county from euthanizing or adoption of any dog solely on breed

Suggested Position: OPPOSE HB-429.

SECTION 2: BILLS THAT MEET CURRENT LEGISLATIVE PRIORITIES:

TAX AND REVENUE:

A. SUPPORT EQUAL TAXING AUTHORITY AS MUNICIPALITIES

Support:

1. HB 889 (Barlow) Local cigarette tax; counties.

2. HB 1138 (Morgan) County food and beverage tax; all counties may impose.

3. SB 280 (Quayle) County meals tax; rate of tax and approval required.

4. SB 578 (Norment) Local cigarette tax.

B. OPPOSE REDUCTION OF TAXING AUTHORITY

Oppose:

5. HB 613 (Purkey) Personal property tax; machinery and tools.

C. TELEWORK TAX CREDIT

Support:

6. HB 745 (Rust) Income tax; telework expenses tax credit.

7. HB 1360 (Keam) Income tax; telework expenses tax credit.

LAND USE, ZONING, AND PROPERTY MAINTENANCE:

A. CONDITIONAL ZONING (CASH AND IN-KIND PROFFERS)

Support:

8. HB 336 (R.G. Marshall) Cash proffers; alternate improvements.

Oppose:

9. HB 374 (Cosgrove) Cash proffers; acceptance by localities.

10. SB 640 (Martin) Cash proffer guidelines.

11. SB 632 (Obsnenshain) Cash proffers; delays collection or

acceptance by locality until completion of final inspection.

B. LOCAL AUTHORITY

Oppose:

12. HB 1062 (Athey) Decisions of zoning administrator.

Support:

13. HB 51 (Cole) Comprehensive plan amendments.

14. HB 1321 (McQuinn) Statewide Fire Prevention Code; localities�

regulation of open burning.

15. HB159 (Dance); HB 297 (Cosgrove); SB 120 (Petersen); SB 246

(Watkins) Civil penalties for violations of noise ordinance.

16. HB 232 (Dance) Rental property; civil penalty imposed on certain

property owners.

C. ALTERNATIVE ONSITE SEWAGE SYSTEMS

Support:

17. SB 448 (Stuart) Alternative onsite sewage systems.

Oppose:

18. SB 374 (Puckett) Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals; installer of alternate onsite sewage systems.

D. URBAN DEVELOPMENT AREAS

Oppose:

19. HB 1071 (Athey) and SB 420 (Vogel) Urban development areas.

E. ROUTE 28 TAX DISTRICT

Support:

20. SB 699 (Vogel) Route 28 transportation improvement district.

HEALTH AND HUMAN SERVICES:

A. AUTISM AND DEVELOPMENTAL DISABILITIES INSURANCE COVERAGE

Support:

21. HB 730 (Albo) Health insurance; early intervention services; autism.

22. HB 1367 (LeMunyon) Health benefits plans providing coverage for treatment of autism spectrum disorder offered by foreign health insurers.

23. SB 464 (Howell) Health insurance; mandated coverage for autism spectrum disorder.

EMPLOYMENT AND BENEFITS:

A. COLLECTIVE BARGAINING

Oppose

24. HB 700 (Bulova) Local grievance procedures.

25. SB 287 (Deeds) Law-Enforcement Officers Procedural Guarantee Act; definitions of law-enforcement officer.

UNFUNDED MANDATES

Support

26. HB 385 (Dance) Suspension of state mandates.

ADDENDUM JANUARY 30, 2010 (PAGE A1):

1. HB-277 (Albo) � Washington Bypass Transportation Corridor.

Chairman York moved that the Board of Supervisors oppose HB-277. The motion passed 8-1, Supervisor Delgaudio voted no.

Supervisor Kurtz moved that the Board of Supervisors send the delegates a letter requesting that this bill be refined to assure that HB-277 (Albo) � Washington Bypass Transportation Corridor stays in Fairfax County. The motion FAILED 4-5, Supervisors Delgaudio, Kurtz, Miller, and Waters voted yes.

2. HB-728 (Amended) (Albo) � Conditions of Release; posting of bond for person arrested for a felony.

Chairman York moved that the Board of Supervisors oppose HB-728. The motion passed 7-2, Supervisors Delgaudio and Waters voted no.

Supervisor McGimsey asked staff to track the three bills on Lyme Disease. She also requested staff to follow the key energy bills.

Supervisor Delgaudio asked that Sheriff Steve Simpson present his position or opinion on the loitering law to the Board. He requested that staff be directed to come back to the Board with definitive answer on this issue. He also asked that staff update the Board regarding Building Code on penalty changes on overcrowding.

ADVISORY BOARD FUNDRAISING: Supervisor Waters moved that the Board of Supervisors direct staff to develop a concise summary on how to empower, encourage, and direct advisory panels on how to raise money privately and to present this information to the Finance/Government Services and Operations Committee. The motion passed 9-0.

ECONOMIC DEVELOPMENT COMMISSION BYLAWS: Chairman York moved that the Board of Supervisors approve the proposed changes to the Economic Development Commission�s bylaws as shown in the attachment.

Chairman York amended his motion on Page A-15, fourth line to include the following language: �The Board Chair and Vice Chair shall be invited to the Economic Development Commission,� and to delete the language �and Chair of the Board Economic Development Committee� to reflect the current situation.

(Chairman York�s amended motion passed 7-2, Supervisors McGimsey and Miller voted no.)

BOARD MEMBER INITIATIVE: TAX ABATEMENT DUE TO TOTAL LOSS OF RESIDENCE: Supervisor Miller moved that the Board of Supervisors approve an abatement of tax levies on the residence that was destroyed on March 14, 2009 as provided by 58.1-3222 of the Code of Virginia. The motion passed 9-0.

ASHBURN SCHOOLS PLANNING AREA: Chairman York moved that the Board of Supervisors express its willingness to move forward with the allocations for funds and design services for projects contained within this report, subject to an agreement with the School Board on a plan to alleviate the overcrowding in the Ashburn Planning Area.

Chairman York accepted Supervisor Delgaudio�s amendment to add the following language in bold �with the allocation for funds and/or authority.�

(Chairman York�s motion as amended passed 9-0.)

Supervisor Waters asked that Mr. Stevens add this item on the School Board�s agenda to provide the Board specific feedback in regard to the instructional impacts.

FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE REPORT / CONTRACT RENEWAL/ENGINEERING SERVICES: Supervisor Waters moved that the Board of Supervisors adopt the recommendation of the Finance/Government Services and Operations Committee to authorize the Purchasing Agent to award the first one-year renewal options for the Engineering Services contracts to Shaffer Wilson Sarver & Gray (SWSG) and Setty &

From Scott York: Please read - I need your help!

Thu, 28 Jan 2010 13:00:39 -0500

Dear Friend,

My fellow citizens, please take the time to read this as we need your help!

In Governor Kaine�s FY11 fiscal budget proposal he recommended that the Local Composite Index (LCI) biennial adjustment be frozen for the 2011 fiscal year budget. The LCI is the measure used to determine state and local shares of K-12 funding in Virginia. The formula uses data (growth in student population, local income, retail sales and property values) to determine a locality�s ability to pay for its schools. It is part of the routine distribution for education funding that occurs every two years. While imperfect, the LCI has been Virginia�s accepted measure of local ability to pay for k-12 education for many years!

Why do we need your help? This arbitrary freeze will mean a loss to Loudoun County of $34,356,421!

This year the LCI adjustment, if not frozen, would help Loudoun County at a time when we have the largest growing student population in the Commonwealth. Loudoun School�s will see an increased enrollment of 3,351 students. Yet, if the LCI is frozen then Virginia Beach becomes the top recipient by getting an additional $14,803,612 at a time when their school system will see a reduction of 524 students.

If that was not enough, as a region, Northern Virginia collectively will lose $122,400,000 in state funding, while adding 10,263 new students. At the same time, school divisions benefiting under the proposed freeze will receive an additional $114,000,000 while collectively educating a projected 2,300 fewer students. This is hardly fair and is totally unacceptable!

While the Loudoun Board of Supervisors, the School Board, our counterparts in the region, and our state delegation are working on this issue, we need your help NOW!

Please take a few minutes to contact the Governor�s office by going to the following link to Governor McDonnell�s online e-mail form, http://www.governor.virginia.gov/TheAdministration/contactGovernor.cfm or by calling 804-786-2211 and tell the Governor that the arbitrary freeze on the Local Composite Index is wrong and that Richmond needs to honor this long standing funding formula!

Also, please pass this message along to your family, friends and neighbors and ask them to do the same. We cannot allow this to happen!

Thank you and God Bless,

Scott K. York

Chairman,

Loudoun County Board of Supervisors

Reports of the Jan 19/20 BOS business meetings

Wed, 27 Jan 2010 18:30:42 -0500

Dear Friend,

Below you will find the action reports from the January meetings of the 19th and 20th. Please remember we have a new format for our Business meetings, hence the two reports.

FY 11 Budget Presentation and Public Hearings

Loudoun County Administrator Tim Hemstreet is scheduled to present the proposed Fiscal Year 2011 Loudoun County budget at 4:00 p.m., Monday, February 8, 2010, in the Board Room of the county government center, 1 Harrison Street, S.E. in Leesburg.

The Board of Supervisors is scheduled to hold the following public hearings on the proposed budget.

3:30 p.m., Wednesday, February 24, 2010, Board Room, Loudoun County Government Center
6:30 p.m., Wednesday, February 24, 2010, Board Room, Loudoun County Government Center
6:30 p.m., Thursday, February 25, 2010, Board Room, Loudoun County Government Center (Note: This is scheduled if needed.)
9:30 a.m., Saturday, February 27, 2010, School Administration Building,21000 Education Court, Ashburn

The hours and the dates that you may pre-register to speak at these hearings will run in the Loudoun Times Mirror on February 10th. You may also go to www.Loudoun.gov/budget for further information.

With warm regards,

Scott

Report of the January 19, 2010 Board of Supervisors� Public Input and General Business Meeting

Listed below is a summary report of the Board�s action taken at its January 19, 2010 Public Input & General Business Meeting.

ADMINISTRATOR�S COMMENTS: Tim Hemstreet, County Administrator, announced the new Leesburg Park & Ride lot to open at 19730 Sycolin Road on Monday, January 25, 2010. He said that the new lot will be open and operational for riders of the Loudoun County Commuter Bus Service as well as carpoolers and vanpoolers. This new facility will replace the current park and ride lot on Catoctin Circle. For more information, visit www.loudoun.gov/bus. He also announced that the Loudoun County Health Department is now offering free H1N1 vaccinations on a walk-in basis every Tuesday and Thursday from 1:00 to 7:00 p.m. on the upper level of Dulles Town Center by Nordstrom. The free vaccinations are also available Monday through Friday from 8:30 a.m. to 4:00 p.m. at the Health Department�s Leesburg Clinic, at 102 Heritage Way, NE. For more information, visit www.loudoun.gov/flu.

1. J & D Partnership v. Board of Equalization;

2. Pending Tax Assessment Litigation;

3. Board of Supervisors v. Town of Purcellville

4. Madison v. Parties Unknown, et al;

5. Northern Virginia Community Hospital v. Board of Supervisors; and

6. IDI-Cortese Limited Partnership v. Board of Supervisors

The motion passed 7-0-2, Supervisors McGimsey and Delgaudio absent for the vote.

Vice Chairman Buckley 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. The motion passed 8-0-1, Supervisor McGimsey absent for the vote.

APPOINTMENTS:

Confirmations: Supervisor Burk moved that the Board of Supervisors confirm the following 1-8: The motion passed 8-0-1, Supervisor McGimsey absent for the vote.

Advisory Commission on Youth: Dusty S. Perrelli

Affordable Dwelling Unit Advisory Board: Shaun Kelly

Commission on Aging: Eleanor Fall

Disability Services Board: Anjan Chimaladine

Housing Advisory Board: Sharon O. Steele

Loudoun Health Council: Mary P. Ganger, Dr. Yahya Alvi, Elyse Galik

Leesburg Airport Commission: Jonathan Corcoran

Route 28 Tax District Advisory Board: Mike Huber

Planning Commission: Supervisor Miller moved that the Board of Supervisors suspend the Rules of Order. The motion passed 8-0-1, McGimsey absent for the vote.

Supervisor Miller further moved that the Board of Supervisors confirm Cliff Keirce as Dulles District Planning Commissioner. The motion passed 8-0-1, McGimsey absent for the vote.

Nominations:

- Route 28 Tax District Advisory Board

Chairman York nominated Michelle Frank

- Disability Services Board

Supervisor Burk nominated Lovely Lall

- Loudoun Health Council

Supervisor Burk nominated David Milam for the faith- based positions.

Ballot Results

Fire and Rescue Commission:

Ballot 1 (company �run-off�): Mr. Ian Buchanan received seven votes (Burk, Burton, Kurtz, Buckley, York, Waters, and Delgaudio) and Mr. JB Anderson received one vote (Miller). Mr. Ian Buchanan is the winner of ballot 1.

Ballot 2 (Fire Representatives � two positions): Mr. Ian Buchanan received six votes (Delgaudio, Burk, Buckley, Kurtz, Burton, and York); Mr. Mickey Buchanan received eight votes (Delgaudio, Burk, Waters, Buckley, Miller, Kurtz, Burton, and York); and Mr. Melvin Byrne received two votes (Waters and Miller). Mr. Ian Buchanan and Mr. Mickey Buchanan are the winners of ballot 2.

Ballot 3: Mr. Bill Wilkinson received 8 votes (Miller, Burk, Burton, Kurtz, Buckley, York, Waters, and Delgaudio).

Supervisor Burton moved that the Board of Supervisors approve the following:

Fire Representatives: Ian Buchanan and Mickey Buchanan

EMS Representative: Bill Wilkinson

The motion passed 7-0-2, Supervisors Kurtz and McGimsey absent for the vote).

Report of the January 20, 2010 Board of Supervisors� Business Meeting

Listed below is a summary report of the Board�s action taken at its January 20, 2010 Business Meeting.

ADMINISTRATIVE ITEMS REPORT /JANUARY 20, 2010

BUDGET ADJUSTMENTS: The Board of Supervisors moved to (1) approve the FY 10 budget adjustments as set out in the January 20, 2010 Administrative Items Report, (2) recognize an increase in revenue in the amount of $404,683 in the General Fund for FY 10, and (3) make an increase in FY 10 appropriations of $404,683 in the General Fund.

BA-104764, BA-104771, BA-104773, BA-104778, BA-104779, BA-104780,

BA-104781, BA-104790, BA-104800, BA-104823, BA-104824, and BA-104530.

TIMELINE EXTENSION FOR CMPT 2009-0011 � ARCOLA SUBSTATION:

The Board of Supervisors moved to approve a timeline extension to July 31, 2010 for Planning Commission action on CMPT 2009-0011, Arcola Substation.

FY 11 STATE CAPITAL ASSISTANCE GRANT RESOLUTION: The Board of Supervisors moved to approve the Resolution of Support required for the FY 2011 State Capital Assistance Grant Application.

FY 11 TDM/COMMUTER SERVICES GRANT APPLICATION: The Board of Supervisors moved to approve the Resolution of Support required for the FY 2011 TDM/Commuter Services Program Grant Application and authorize the County Administrator to apply the funds in FY 2011 under the �State Aid for Public Transportation.�

FY 11 STATE OPERATING ASSISTANCE GRANT RESOLUTION: The Board of Supervisors moved to approve the Resolution of Support required for the FY 2011 State Operating Assistance Grant Application.

APPOINTMENTS :

Planning Commission: Supervisor McGimsey moved that the Board of Supervisors suspend the rules. The motion passed 9-0.

Supervisor McGimsey moved that the Board of Supervisors confirm Valdis G. Ronis as the Potomac District Planning Commissioner, effective February 1, 2010. The motion passed 9-0.

LEGISLATIVE ISSUES FOR 2010 GENERAL ASSEMBLY:

Section 1: State Budget Issues

1) Composite Index Frozen for FY11, but Not for Fy12

2) Chairman York moved that the Board of Supervisors adopt the Joint Committee of the Loudoun Board of Supervisors and School Board unanimous recommendation to oppose the arbitrary delayed implementation of the routine biennial re-benchmark update to the FY2010-2012 Local Composite Index contained in the Proposed State Biennial Budget (December 18, 2009) and further adopt the Joint Resolution found in Attachment 1, as recommended by this same Joint Committee.

Chairman York further moved that the Board of Supervisors authorize the Chairman on behalf of the Board of Supervisors to send the letter found in Attachment 2 and the Resolution found in Attachment 1 voicing concern on this issue to Governor McDonnell, Loudoun�s delegation and key General Assembly members.

Chairman York further moved that the Board of Supervisors where possible, appropriate partnerships toward achieving this common goal to include, but not be limited to the Loudoun County Public School Board, other localities and school divisions, and appropriate business community and non-profit stakeholders. The motion passed 9-0.

3) State Compensation Board Funds for Constitutional Officers and Agencies

Chairman York moved that the Board of Supervisors oppose reductions in State aid to local governments as proposed in the Proposed FY11 and FY12 Biennial Budget (December 18, 2009) and the mid-year FY2010 �Caboose Bill,� including the proposed reductions in State aid to Loudoun County�s Constitutional Officers.

Chairman York further moved that the Board of Supervisors authorize the Chairman to send the letter found in Attachment 2 to this item to Governor McDonnell, Loudoun�s delegation and other key Virginia General Assembly members voicing the concerns on the State Budget. The motion passed 9-0.

Section 2: Bills

1. SB 64 � Restricting local regulation of real estate and other signs in the public right of way

Chairman York moved that the Board of Supervisors oppose SB 64, and similar legislation that will provide unnecessary restrictions and increased liability for local governments for the removal of signs in the highway rights-of-way. The motion passed 8-1, Supervisor Delgaudio voted no.

Supervisor Miller asked that Board members review HB-336 (Marshall) which expands the localities ability on proffer flexing and to contact members of the committee if you support this legislation.

FISCAL GUIDANCE FY 11: Tim Hemstreet, County Administrator, made a brief presentation to update the Board on the FY11 Proposed Fiscal Plan. The powerpoint presentation may be viewed at www.loudoun.gov/budget. He noted that he would be presenting the FY11 Budget on February 8, 2010 at 4:00 in the Board Room.

Supervisor Delgaudio moved that the Board of Supervisors keep the current tax rate. The motion FAILED 2-7, Supervisors Buckley, Burk, Burton, Kurtz, McGimsey, Miller and York voted no.

COORDINATION OF COUNTY HOLIDAY SCHEDULE WITH STATE HOLIDAY SCHEDULE: Chairman York moved that the Board of Supervisors forward this item to a Finance/Government Services and Operations Committee for further discussion. The motion passed 7-2, Supervisors Burk and Miller voted no.

RESOLUTION HONORING THE BROAD RUN HIGH SCHOOL FOOTBALL STATE CHAMPIONSHIP TEAM: Supervisor Waters moved that the Board of Supervisors adopt the Resolution Honoring the Broad Run High School AA Division 4 State Championship Football Team. (Consent Item) . The motion passed 9-0.)

RESOLUTION DECLARING APRIL 25, 2010 EARTH DAY IN LOUDOUN COUNTY: Supervisor Waters moved that the Board of Supervisors adopt a resolution supporting Earth Day and to pledge Loudoun County�s support for Earthday@Loudoun celebrations to be held on April 25, 2010. (Consent Item) The motion passed 9-0.

RESOLUTION RECOGNIZING THE WEEK OF JANUARY 18�22, 2010 AS

�CONSTITUTIONAL OFFICER WEEK IN LOUDOUN COUNTY�: Supervisor Waters moved that the Board of Supervisors declare the week of January 18-22, 2010 as �Constitutional Officer Week in Loudoun County� and that by doing so it recognizes the direct service provided to the citizens of Loudoun County by the Clerk of the Circuit Court, Commissioner of the Revenue, Commonwealth�s Attorney, Sheriff and Treasurer and acknowledges the new standards of customer service, innovative service delivery, and responsiveness that fellow constitutional officers and other public servants in Virginia emulate. (Consent Item) The motion passed 9-0.

Robin Bartok, Staff Aide to Chairman York, presented Resolutions Recognizing January 18-22, 2010 as �Constitutional Officer Week in Loudoun County to Robert Wertz, Commissioner of Revenue; Gary Clemens, Clerk of the Circuit Court; Roger Zurn, Treasurer; Steve Simpson, Sheriff; and James Plowman, Commonwealth Attorney. (Steve Simpson, Sheriff, was unable to be in attendance.)

RESOLUTION AND PROCLAMATION / BLACK HISTORY MONTH: Supervisor Waters moved that the Board of Supervisors approve the Resolution and Proclamation for Black History Month. (Consent Item) The motion passed 9-0.

BOARD MEMBER INITIATIVE: BOARD OF SUPERVISORS STRUCTURE AND TERMS: Supervisor Delgaudio asked for separation of the motion:

Supervisor Waters moved that the Board of Supervisors forward this item to a Committee of the Whole for discussion on the following topics:

1) Should the Board of Supervisors adopt a staggered terms ordinance for terms starting in January 2012?

2) Should the Board of Supervisors reduce, increase, or keep the same number of Board of Supervisors seats for the term starting in January 2012?

3) Should the Board of Supervisors have more at-large elected representatives or continue having one at-large chairman and all others elected in districts for the term starting in January 2012?

Voting on the motion to forward to a Committee of the Whole on Questions 1, 2

and first sentence of 3: The motion passed 7-2, Supervisors Delgaudio and McGimsey voted no.

Voting on the motion to forward to a Committee of the Whole Meeting on

Question 3, Part 2: �What criteria should the Board of Supervisors use to draw districts?� The motion passed 8-1, Supervisor McGimsey voted no.

BOARD MEMBER INITIATIVE: LETTER TO GOVERNOR MC DONNELL REQUESTING THE COMMONWEALTH PURCHASE LAND FOR A STATE PARK IN LOUDOUN COUNTY: Supervisor Miller moved that the Board of Supervisors support sending a letter to Governor McDonnell requesting the Commonwealth purchase all or part of the properties known as Greenfields, Broad Run, Lenah and Arcola with the intent of creating a state park for Northern Virginia. The motion passed 7-2, Supervisors Delgaudio and Waters voted no.

AMENDMENT TO THE TOWN OF PURCELLVILLE LAND DEVELOPMENT AND SUBDIVISION ORDINANCE : Supervisor Waters moved that the Board of Supervisors approve the revisions to the Town of Purcellville�s Land Development and Subdivision Control Ordinance included in Attachment 1. (Consent Item) The motion passed 9-0.

JOINT TRUST FUND COMMITTEE RECOMMENDATION/WINDY HILL APPLICATION: Supervisor Waters moved that the Board of Supervisors approve BA-104838 allocating $392,500 of the Housing Fund to the Windy Hill Foundation to rehabilitate 11 affordable rental units with $100,000 to be repaid over 40 years at 1% interest only due in the first year. (Consent Item) The motion passed 9-0.

FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE REPORT :

TAX YEAR 2010 PERSONAL PROPERTY � SETTING TAX RATES FOR CLEAN SPECIAL FUELS, LOW-SPEED, AND ALL-ELECTRIC VEHICLES:

Supervisor Burton moved that the Board of Supervisors adopt the recommendation of the Finance/Government Services and Operations Committee to advertise a $4.20 per $100 tax rate for clean special fuels vehicles for tax year 2010.

Supervisor Miller asked for separation of the following motions:

Supervisor Burk moved a substitute motion that the Board of Supervisors adopt the recommendation of the Finance/Government Services and Operations Committee to advertise a $2.00 per $100 tax rate for clean special fuels vehicles for tax year 2010. The motion FAILED 4-5, Supervisors Burk, Burton, Kurtz, and Miller voted yes.

Voting on Supervisor Burton�s original motion that the Board of Supervisors adopt the recommendation of the Finance/Government Services and Operations Committee to advertise a $4.20 per $100 tax rate for clean special fuels vehicles for tax year 2010: The motion passed 5-4 Supervisors Burk, Burton, Kurtz and McGimsey voted no.

Supervisor Burk moved a substitute motion that the Board of Supervisors adopt the recommendation of the Finance/Government Services and Operations Committee to advertise a $2.00 per $100 tax rate for four-wheeled electrically-powered low-speed vehicles for tax year 2010. The motion FAILED 3-6, Supervisors Burk, Burton, and Miller voted yes.

Supervisor Kurtz moved a substitute motion that the Board of Supervisors make no change to the current rate of $1.00 per $100 tax rate for four-wheeled electrically-powered low-speed vehicles for tax year 2010. The motion passed 5-4, Supervisors Burton, Delgaudio, Waters and York voted no.

Supervisor Burk moved a substitute motion that the Board of Supervisors adopt the recommendation of the Finance/Government Services and Operations Committee to advertise a $2.00 per $100 tax rate for all-electric vehicles for tax year 2010. The motion passed 5-4, Supervisors Delgaudio, Kurtz, Miller and McGimsey voted no.

TAX YEAR 2010 PERSONAL PROPERTY � SETTING TAX RATES: Supervisor Burton moved that the Board of Supervisors adopt the recommendation of the Finance/Government Services and Operations Committee to advertise the same tax rates for tax year 2010 as currently exist, as shown in Table 1, with the exception of aircraft and flight simulators.

Supervisor Burton accepted Chairman York�s friendly amendment to delete the following language from the first motion: �with the exception of aircraft and flight simulators.� The motion passed 9-0.

Supervisor Burton moved that the Board of Supervisors adopt the Finance/Government Services and Operations Committee recommendation to advertise a tax rate of $0.01 per $100 for aircraft and flight simulators.

Supervisor Burton�s motion, as amended, passed 9-0.

AMENDMENT:

BOARD MEMBER INITIATIVE: STORAGE OF LOUDOUN MUSEUM ARTIFACTS : Supervisor Burk moved that the Board of Supervisors suspend the rules. The motion passed 9-0.

Supervisor Burk moved that the Board of Supervisors direct staff to work with the Board of the Loudoun Museum to determine whether or not storage of Loudoun Museum�s artifacts at Claude Moore Museum would be a viable option.

Supervisor Burk accepted Chairman York�s friendly amendment to add the following language: �or other viable County facilities� and strike �would be a viable option.�

Supervisor Burk�s motion, as amended, passed 9-0.

Report From BOS Business Meeting 1.05.10

Wed, 13 Jan 2010 09:37:21 -0500

Dear Friend,

Attached is summary from the January 5 Board Business Meeting. At the first meeting of each year the Board readopts the �Rules of Order� and confirms appointment to committees. As a result of this meeting, changes were made to help the Board be more efficient and to allow more transparency and access to the public process.

First, the Public Input meeting has been slightly reformatted. It is now called the Public Input & General Business meeting. This meeting will now start at 6:00 P.M. with public comment to start at 7:00 P.M. The first hour will be used for information items, appointments, the County Administrator�s comments and possible executive sessions. Again, the Public Comment portion of the meeting will not start until 7:00. Anyone wishing to speak may pre sign-up by call 703-777-0200 prior to 12:00 P.M of that same day. The Tuesday Board Business meeting will not change other then we will only have Board comment/meeting disclosures and action items on the agenda.

Another change the Board made was to the standing committee structure. The Board reduced the number of standing committees from six to three. The three remaining committees are Finance/Government Services and Operations Committee, the Transportation & Land Use Committee, and the Joint Board and School Board Committee.

Other changes that we made are worth noting. Throughout the year we have four Federal holidays that conflict with the day of the Public Input & General Business meeting dates. Those dates that conflict are January 18, February 15, July 5, and September 6. In each of these cases we will shift all meetings of that week by one day. In the past we just canceled the Monday meeting and allowed one hour of public comment during our business meeting on Tuesday morning. We made this change to make sure it would be more convenient for the public to come and speak to an item that was on the Board�s agenda for that week.

The last change that I will note is an agreement by the Board to hold all committee meetings in the Board room. This will insure plenty of room for those who come to the meetings but more importantly, these meetings will now be on webcast so you can watch from wherever you have computer access.

As always, if you have questions please do not hesitate to ask. Until my next Board update, stay warm!

Best wishes,

Scott

Report of the January 5, 2010 Board of Supervisors� Business Meeting:

Listed below is a summary report of the Board�s action taken at its January 5, 2010 Business Meeting.

Organizational Matters:

A. ADOPTION OF THE RULES OF ORDER FOR 2010

Chairman York moved that the Board of Supervisors adopt the Rules of Order for 2010, as proposed by the Chairman.

Chairman York accepted Supervisor Burk�s friendly amendment that the Board of Supervisors move Board Comment/Disclosure from the Public Input/General Business Meeting Agenda to the Board Business Meeting Agenda. The motion passed 6-3, Supervisors Waters, McGimsey and Miller voted no.

Chairman York�s motion, as amended, passed 9-0.

The Board concurred to Chairman York�s recommendation changing Public Input to 7:00 P.M. instead of 7:30 P.M.

B. ELECTION OF THE VICE-CHAIRMAN

Supervisor Kurtz nominated Supervisor Buckley to serve as Vice-Chairman for 2010. The motion passed 9-0.

Supervisor Kurtz moved that nominations be closed. The motion passed 9-0.

Chairman York moved that the Board of Supervisors confirm Supervisor Buckley to serve as Vice-Chairman for 2010 as nominated by Supervisor Kurtz. The motion passed 7-0-2, Supervisors McGimsey and Miller abstained.

C. STANDING COMMITTEE ASSIGNMENTS

1. Finance/Government Services & Operations Committee

Jim Burton, Chair

Susan Buckley

Stevens Miller

Lori Waters

Scott York

2. Transportation & Land Use Committee

Kelly Burk, Chair

Eugene Delgaudio

Sally Kurtz

Andrea McGimsey

Scott York

3. Joint Board & School Board Committee

BOS Members

Sally Kurtz, Chair

Susan Buckley

Jim Burton

EDC Representative:

John Wood

Note: School Board appointments are made by the School Board. School Board members listed represent the 2009 appointments.

School Board Members

Tom Reed, Vice Chair

Jennifer Bergel

Warren Guerin

Supervisor Burk moved that the Board of Supervisors approve the following Standing Committee Assignments for 2010 as outlined above.

Supervisor Miller moved a friendly amendment that the Board of Supervisors request that the EDC select a representative to serve in the EDC position for the Joint Board and School Board Committee. The motion FAILED 2-7, Supervisors Buckley, Burk, Burton, Delgaudio, Kurtz, Waters, and York voted no; Supervisors McGimsey and Miller voted yes.

Supervisor Burk�s original motion passed 8-1, Supervisor Miller voted no.

D. APPOINTMENTS TO REGIONAL AND COUNTY COMMITTEES AND

COMMISSIONS

REGIONAL APPOINTMENTS:

1. Metropolitan Council of Government (COG) Board of Directors

Board Member representative � Andrea McGimsey

Or Board Alternate

2. Climate Energy and Environment Policy Committee

Board Member representative � Andrea McGimsey

Or Board Alternate

3. Metropolitan Development Policy Committee

Board Member representative � Scott York

Or Staff Alternate

4. Human Services and Public Safety Committee

Board Member representative � Susan Buckley

Or Staff Alternate

5. Metropolitan Washington Air Quality Committee (MWAQC)

Board Member representative �Scott York

Or Board Alternate

6. National Capital Region Transportation Planning Board

Board Member representative � Lori Waters

Or Board Alternate

7. Chesapeake Bay and Water Resources Policy Committee

Board Member representative �Scott York

Or Staff Alternate

8. Birmingham Green (Formerly Northern Virginia Health Care Center

Commission and District Home Board)

County staff representative: Bob Chirles

Alternate: Dinah Ditton

9. Northern Virginia Manpower Consortium Workforce Investment

Board

Board Member representative �Scott York

10. Northern Virginia Regional Commission

Two Board Member representatives � Scott York

11. Potomac Watershed Roundtable

Board Member Representative � Sally Kurtz

12. Dulles Area Transportation Association (DATA)

Board Member representatives: Eugene Delgaudio

Andrea McGimsey

13. Virginia Regional Transportation Association (VRTA) (formerly Loudoun County Transportation Association)

County Staff representative � Bob Chirles (County Staff representative is no longer needed by the VRTA Board. This appointment will be canceled at the next meeting).

14. Northern Virginia Transportation Authority (NVTA)

Board Member representative - Scott York

15. Northern Virginia Transportation Commission (NVTC)

Board Member representative � Kelly Burk

16. Route 28 Transportation Improvement District Commission

Four Board Member representatives � Scott York

Andrea McGimsey

Stevens Miller

Lori Waters

LOUDOUN COUNTY APPOINTMENTS:

1. Affordable Dwelling Unit Advisory Board

Board Member representative or designee � Andrea McGimsey

2. Agricultural District Advisory Committee

Board Member representative � Sally Kurtz

3. Annexation Area Development Policy Committee (AADPC)

Two Board Member representatives � Sally Kurtz

Kelly Burk

4. Community Action Agency Advisory Board

Board Member representatives � Scott York

Kelly Burk

Sally Kurtz

5. Coalition of Loudoun Towns (COLT)

Non Voting Board Member representative � Jim Burton

6. Disability Services Board

Board Member representative � Kelly Burk

7. Family Services Board

Board Member (ex-officio member) � Susan Buckley

8. Fiscal Impact Committee

Board Member (ex-officio member) � Jim Burton

9. Other Post-employment Benefits (OPEB) Investment Committee

Board Member representative � Jim Burton

10. Purcellville Urban Growth Area Policy Review Committee

One Board Member representative � Jim Burton

One Planning Commission Member � Peggy Maio

11. Transit Plan Advisory Committee

Board Member representative � Andrea McGimsey

12. Western Schools Task Force

Two Board Member representatives: Jim Burton

Sally Kurtz

Chairman York moved confirmation of the Regional and County Appointments for 2010, as amended. The motion passed 9-0.

E. SCHEDULE ADJUSTMENTS FOR 2010

Table 1

Board Meeting Date	Conflict	New Meeting Dates
January 18, 2010 Public Input & General Business Meeting at 6:00 p.m.	Martin Luther King, Jr. Holiday	Public Input & General Business Meeting changed to Tuesday, January 19, 2010 6:00 P.M.
January 19, 2010 Business Meeting	Martin Luther King, Jr. Holiday	Board Business Meeting changed to Wednesday, January 20, 2010 at 9:00 A.M. (The Board shifted all meetings by one day due to holiday.)
February 15, 2010 Public Input & General Business Meeting at 6:00 p.m.	President�s Day Holiday	Public Input & General Business Meeting changed to Tuesday, February 16, 2010 at 6:00 P.M.
February 16, 2010 Business Meeting	President�s Day Holiday	Board Business Meeting changed to Wednesday, February 17, 2010 at 9:00 A.M. (The Board shifted all meetings by one day due to holiday.)
July 5, 2010 Public Input & General Business Meeting at 6:00 p.m.	Independence Day	Public Input & General Business Meeting changed to Tuesday, July 6, 2010 at 6:00 P.M.
July 6, 2010 Business Meeting	Independence Day	Board Business Meeting changed to Wednesday, July 7, 2010 at 9:00 A.M. (The Board shifted all meetings by one day due to holiday.)
September 6, 2010 Public Input & General Business Meeting at 6:00 p.m.	Labor Day Holiday	Public Input & General Business Meeting changed to Tuesday, September 7, 2010 at 6:00 P.M.
September 7, 2010 Business Meeting	Labor Day Holiday	Business Meeting changed to Wednesday, September 8, 2010 at 9:00 A.M. (The Board shifted all meetings by one day due to holiday.)
October 11, 2010 Public Hearing at 6:30 p.m.	Columbus Day Holiday	Public Hearing to Tuesday, October 12, 2009 at 6:30 p.m.
November 2, 2010 Business Meeting at 9:00 a.m.	Election Day	Business Meeting changed to Wednesday, November 3, 2010 at 9:00 a.m. (The Board shifted all meetings by one day due to holiday.)

Chairman York moved that the Board of Supervisors approve the adjustments to the Board of Supervisors� schedule for 2010 as shown above in Table 1. The motion passed 9-0.

Briefing Item � Land Development Applications for January 11, 2010 Public Hearing:

John Merrithew, Department of Planning, briefed the Board of Supervisors on the land use applications scheduled for the January 11, 2010 Public Hearing.

LEGISLATIVE 2010 UPDATE:

John Sandy, Office of the County Administrator, provided the Board an update on the 2010 Legislative Packet.

Chairman York requested that Mr. Sandy provide the full 2010 Legislative Package adopted by the Board of Supervisors to the County�s delegates and senators.

APPOINTMENTS:

CONFIRMATIONS:The Board of Supervisors moved to confirm the following:

Disability Services Board

Hugh Scott

NOMINATIONS:

Advisory Commission on Youth

Supervisor McGimsey nominated Dusty S. Perrelli.

Affordable Dwelling Unit Advisory Board

Supervisor Kurtz nominated Shaun V. Kelly.

Commission on Aging

Supervisor Burton nominated Eleanor Fall.

Disability Services Board

Supervisor Miller nominated Anjan Chimaladine.

Fire and Rescue Commission

Supervisor Burk nominated Ian K. Buchanan.

Supervisor Burk nominated J.B. Anderson.

Supervisor Waters nominated Melvin Burn.

Supervisor McGimsey nominated Mickey Buchanan.

Supervisor Burton nominated Bill Wilkinson.

Housing Advisory Board

Supervisor Burk nominated Sharon O. Steele.

Loudoun Health Council

Chairman York nominated Mary P. Ganger (healthcare professional).

Supervisor Miller nominated Dr. Yahya Alvi (physician representative).

Supervisor Miller nominated Elyse Galik (business community representative.)

Route 28 Tax District Advisory Board

Supervisor McGimsey nominated Mike Huber (landowner�s representative).

Leesburg Airport Commission

Supervisor Burk nominated John Corcoran.

ADMINISTRATIVE ITEMS REPORT /JANUARY 5, 2010:

Supervisor Burk moved that the Board of Supervisors approve the Administrative Items Report of January 5, 2010. (Consent Item) The motion passed 9-0.

BUDGET ADJUSTMENTS: The Board of Supervisors moved to (1) approve the FY 10 budget adjustments as set out in the January 5, 2010 Administrative Items Report, (2) recognize an increase in the amount of $209,219 in the General Fund for FY 10, and (3) make an increase in FY 10 appropriations of $209,219 in the General Fund. BA-104601, BA-104667, BA-104678, BA-1044688, and BA-104690.

DEEDS FOR APPROVAL:

The Board of Supervisors moved to approve the following Deeds for Approval:

a) SBRD-2008-0063 � Courtland Rural Village Section 5, Phase 5A

b) ESMT-2008-0017 � Bolington [Lough et al.]

c) ESMT-2008-0017 � Bolington [Collver et al.]

d) ESMT-2008-0017 � Bolington [Hiser et al.]

e) ESMT-2008-0017 � Bolington [Levathes]

f) ESMT-2008-0017 � Bolington [Vest et al.]

g) ESMT-2008-0017 � Bolington [Catania]

h) ESMT-2008-0017 � Bolington [Gustafson et al.]

i) ESMT-2008-0017 � Bolington [David Sherwood Coley, III

Revocable Trust et al.]

j) ESMT-2008-0017 � Bolington [McMahill et al.]; and

k) ESMT-2008-0017 � Bolington [Lamoureux et al.]

AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EXECUTE THE STANDARD PROJECT ADMINISTRATION AGREEMENTS WITH VDOT: The Board of Supervisors moved to authorize the County Administrator to execute the Standard Project Administration Agreements between the County of Loudoun and the Virginia Department of Transportation to locally administer the following projects: Waxpool Road Improvements and Riverside Parkway Improvements.

SUPPLEMENTAL FUNDING FOR SIDEWALK PROJECTS AT RIVERBANK STREET AND PALISADE PARKWAY: The Board of Supervisors moved to authorize the use of up to $28,800 from the Local Gasoline Tax Bicycle and Pedestrian Contingency fund to supplement existing funding of $215,000 for the Riverbank Street sidewalk project.

The Board of Supervisors further moved to authorize the use of up to $59,400 from the cash proffer reimbursement from ZMAP 1986-0013/Potomac Lakes Proffer C.7.D to supplement existing funding of $90,000 for the Palisade Parkway sidewalk project.

The Board of Supervisors further moved that staff be directed to process budget adjustment BA #104691 and BA #104692 in recognition of those funds.

REALLOCATION OF CMAQ FUNDING TO SUPPORT THE PARK-AND-RIDE LEASE IN BROADLANDS SOUTH FOR THE TYSONS EXPRESS SERVICE:

The Board of Supervisors moved to request that NVTA reallocate $400,000 in CMAQ funds from the Eastern Loudoun Park-and-Ride Study to the lease of Park-and-Ride spaces at the Broadlands South Park-and-Ride lot, in support of the Tysons Express Service.

TIMELINE EXTENSION FOR CMPT 2009-0006, LOUDOUN WATER � WATER STORAGE FACILITY: The Board of Supervisors moved to approve a timeline extension to

March 11, 2010, for Planning Commission action on CMPT 2009-0006, Loudoun Water � Water Storage Facility.

SECONDARY ROAD ADDITION � AMBERLEIGH, PHASE 1: The Board of Supervisors moved to adopt the resolution as presented.

SECONDARY ROAD ADDITION � GLOUCESTER PARKWAY 4C AND MARBLEHEAD DRIVE: The Board of Supervisors moved to adopt the resolution as presented.

SECONDARY ROAD ADDITION � BRAMBLETON � REGAL WOOD DRIVE/LEGACY PARK DRIVE/LANDBAY 2, PHASE 1: The Board of Supervisors moved to adopt the resolution as presented.

Call to Action: Regency School Committee

Mon, 11 Jan 2010 15:03:26 -0500

Regency Neighbors,

The Board is forming a school committee to help follow the constantly changing boundary issues. Joe Carlin and I met with several community members recently who have been following the issues and have expressed an interest in participating. The mission of the committee is to propose longer term continuity within the schools and as best as possible ensure the interests of the children of the Regency are being communicated to the School Board and Board of Supervisors.

Timing is critical in that the School Board is voting on the Capital Improvement Plan (CIP) on January 19th. The CIP includes potential changes which can affect the Regency at all 3 levels; Elementary, Middle and High School. We are looking for others to get actively involved.

If interested in joining please email Jamie O�Brien at jobrien@terremark.com.

Thanks,

Brad