Report from BOS Meeting 5.17.08 & 6.3.08

Tue, 17 Jun 2008 11:44:31 -0400

Dear Friends,

I want to apologize for being remiss in sending out a message after the last two meetings. It seems to have been an especially busy time and I apologize for my lack of communication. I feel the power of the written word is vastly important and have tried very hard to respond to your continuous emails that share your concerns and thoughts about Loudoun County. Please find below the Action Report from the May 20th and the June 3rd BOS meeting.

With warm regards,

Scott

Report of the May 20, 2008 Board of Supervisors Business Meeting

PROPOSED PARTNERSHIP AGREEMENT WITH THE TOWN OF LEESBURG ON THE FUTURE EXPANSION OF THE IDA LEE RECREATION CENTER This item has been cancelled.

APPOINTMENTS Supervisor Waters moved that the Board of Supervisors confirm 1-2 nominations for appointment to four-year terms expiring December 31, 2011, unless otherwise noted. The motion passed 9-0.

Cable and Open Video Systems Commission: Nicholas Graham

Equal Employment Opportunity Plan Committee: Eric A. Welter

The Board of Supervisors moved the following nominations:

Community Criminal Justice Board: Vice Chairman Buckley nominated John Jorgensen.

Agricultural District Advisory Committee:Al Van Hyck

Housing Advisory Board: Supervisor Kurtz nominated Father Art Johnson.

Dulles Town Center Community Development Authority: Supervisor Waters nominated David McFarland.

Facilities Standards Manual Public Review Committee; Supervisor Waters nominated Blake Smith. Supervisor Waters nominated Linda Erbs.

Industrial Development Authority: Chairman York nominated David Parker.

Commission on Aging: Supervisor McGimsey nominated Bob Charnoff.

RESOLUTIONS

RESOLUTION OF COMMENDATION/PETER BURNETT (YORK) Supervisor Waters moved that a Resolution of Commendation be adopted by the Board of Supervisors commending Peter C. Burnett, for his leadership and service on the Courthouse Grounds and Facilities Task Force. The motion passed 9-0.

RESOLUTION OF APPRECIATION/THE JOURNEY THROUGH HALLOWED GROUND Supervisor McGimsey moved that the Board of Supervisors approve the Resolution of Appreciation for The Journey Through Hallowed Ground. The motion passed 8-1, Supervisor Delgaudio voted no.

RESOLUTION OF COMMENDATION/GREGORY A. ESCOBAR Supervisor Waters moved that the Board of Supervisors approve the Resolution of Commendation for Gregory A. Escobar. The motion passed 9-0.

RESOLUTION OF COMMENDATION/BENJAMIN W. GARBER Supervisor Waters moved that the Board of Supervisors approve the Resolution of Commendation for Benjamin W. Garber. The motion passed 9-0

ADMINISTRATIVE ITEMS REPORT/MAY 20, 2008

Supervisor Waters moved that the Board of Supervisors approve the May 20, 2008 Administrative Items Report. The motion passed 9-0.

BUDGET ADJUSTMENTS The Board of Supervisors moved to approve the following Budget Adjustments: BA-803157, BA-803222, BA-803307, BA-803311, BA-803429, BA-803433, BA-803515, BA-803520, BA-803537, BA-803582, BA-803583, BA-803584, BA-803585, and BA-803590.

MINUTESThe Board of Supervisors moved to approve the May 12, 2008 Board of Supervisors� Public Hearing Minutes. The following Committee summaries were included in the Board Packet: April 10, 2008 -Joint Meeting of the Board of Supervisors and the School Board; April 28, 2008 � Transportation/Land Use Committee Report; and May 8, 2008 � Economic Development Committee Report.

DEEDS FOR APPROVAL There are no items for Board of Supervisors approval at the May 20, 2008 business meeting.

FY2009 APPROPRIATIONS RESOLUTION � TECHNICAL CORRECTION The Board of Supervisors moved to adopt the corrections as recommended.

ARCOLA ELEMENTARY SCHOOL LAND EXCHANGE The Board of Supervisors moved to approve BA-802632 recognizing the Arcola ES land exchange agreement in the amount of $4,646,300.

SECONDARY ROAD ADDITION � NORTHLAKE, SECTION 3 The Board of Supervisors moved to adopt the resolution as presented.

SECONDARY ROAD ADDITION � BROADLANDS, SECTION 43 The Board of Supervisors moved to adopt the resolution as presented.

SECONDARY ROAD ADDITION �SOUTH RIDING, EDGEWATER STREET, PHASE 2The Board of Supervisors moved to adopt the resolution as presented.

SECONDARY ROAD ADDITION �ROUND HILL, PHASE 2, SECTIONS 3, 4, & 5

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

SECONDARY ROAD ADDITION � TIMBERBROOKE, PHASES 1, 2, 3, & 4

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

SECONDARY ROAD ADDITION � CASCADES SECTION 16D The Board of Supervisors moved to adopt the resolution as presented.

SECONDARY ROAD ADDITION � CASCADES SECTION 20A The Board of Supervisors moved to adopt the resolution as presented.

CERTIFICATION OF DESIGNATED PLANS EXAMINERS The Board of Supervisors moved to approve the recommendation for the following as Designated Plans Examiners: Patrick B. Veltri, James Drew Stitzel, Kenneth C. Harwood, Jr., William Slocum Bane, Jonathan George O�Neill, and Kenneth Leroy Williams, Jr.

CERTIFICATION OF PLANS REVIEWER SPECIALIST The Board of Supervisors moved to approve the recommendation that Carol Ann Lew be designated as a Plan Reviewer Specialist.

CHANGE OF STATUS OF DESIGNATED PLANS EXAMINERS The Board of Supervisors moved to approve the recommendation that the Designated Plans Examiner status of Jonathan Cosby, John Erickson, Anthony Polk, and Erik Spencer be changed to inactive until and if they wish to reactivate their status by completing the continuing education requirements.

RESOLUTION TO CHANGE TIME FOR CONVENING THE JUNE 9, 2008 HEARING.The Board of Supervisors moved to adopt the following Resolution:

WHEREAS, the Board of Supervisors has determined that it is necessary and appropriate to revise the time for its June 9, 2008 public hearing; now, therefore,

BE IT RESOLVED, that the June 9, 2008, Board of Supervisors

public hearing will commence at 6:00 p.m. or as soon thereafter as a quorum is present.

AUGUST RECESS Supervisor Waters moved that the Board of Supervisors cancel the August 4, 2008 and August 18, 2008 Public Input Meetings, August 5, 2008 and August 19, 2008 Business Meetings and the August 11, 2008 Public Hearing, and that no committee meetings be held in August except for the Joint School Board and Board of Supervisor Committee on August 14th. The Chairman might recommend a second public hearing in July, if needed. The motion passed 9-0

FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE REPORT/OFFICE SUPPLIES AND OFFICE PAPER Supervisor Waters moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to approve an 18-month award authority for Office Supplies and Office Paper utilizing the US Communities Government Purchasing Alliance contractor, Office Depot, in the estimated amount of $1,235,000. The motion passed 9-0.

FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE REPORT/LEASE RENEWAL AT 215 DEPOT COURT FOR THE DEPARTMENT OF PARKS, RECREATION, AND COMMUNITY SERVICES Supervisor Waters moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to approve a five-year lease renewal for Parks, Recreation and Community Services located at 215 Depot Court, Leesburg, Virginia consisting of 25,500 square feet of space effective on July 1, 2008 at a cost of $24.48/square foot or $624,240 for the first year. (Consent Item. The motion passed 9-0.

FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE REPORT/REQUEST FOR PUBLIC USE SITE ZMAP 2006-0015, ARCOLA CENTER

Supervisor Waters moved that the Board of Supervisors approve the Finance/Government Services and Operations Committee recommendation to direct the Zoning Administrator to prepare a letter of request designating this public use site for ES-23 and request the site be conveyed to the Loudoun County Board of Supervisors. The motion passed 9-0.

TRANSPORTATION/LAND USE COMMITTEE REPORT/SECTION OF A BOARD OF SUPERVISORS APPROVED ALTERNATIVE FOR REGIONAL ROAD IMPROVEMENTS UNDER PROFFER III.C.I OF ZMAP 2004-0016, DULLES LANDING Supervisor Waters moved that the Board of Supervisors approve the following: Pursuant to Dulles Landing proffer III.C.1.a, direct the Applicant to construct an additional lane on southbound Route 606 (Loudoun County Parkway) and associated acceleration and deceleration lanes at the intersection with Dulles South Boulevard (North Collector Road).Pursuant to Dulles Landing proffer III.C.2.a, direct the Applicant to construct a half section of the planned improvements to Route 50 across the subject property�s frontage. The planned improvements shall include widening westbound Route 50 to three lanes across the frontage of the subject property, adding required turn lanes into the subject property. The motion passed 9-0.

TRANSPORTATION/LAND USE COMMITTEE REPORT/REQUEST TO EXTEND PERIOD OF VALIDITY/SPEX 2003-0008/BENJAMIN PROPERTY Supervisor Waters moved that the Board of Supervisors approve the recommendation of the Transportation and Land Use Committee to extend the period of validity for SPEX 2003-0008, Benjamin Property, pursuant to Section 6-1313 (A) of the Revised 1993 Loudoun County Zoning Ordinance, to July 21, 2013, subject to the original conditions of approval. The motion passed 9-0.

TRANSPORTATION/LAND USE COMMITTEE REPORT/PROCESS IMPROVEMENT INITIATIVE/GENERALIZED TRAFFIC STATEMENT APPROACH FOR CONVERSION APPLICATIONS IN THE ROUTE 28 CORRIDOR

Supervisor Waters moved that the Board of Supervisors accept the recommendation of the Transportation and Land Use Committee that the Traffic Statements approach described in Attachment 1 be used for zoning map amendments (ZMAP) for the purpose of facilitating Route 28 property owners subjecting themselves to the most recent zoning text. The motion passed 9-0.

TRANSPORTATION/LAND USE COMMITTEE REPORT/ZCPA 2006-0005/UNIVERSITY CENTER Supervisor Waters moved that the Board of Supervisors approve ZCPA 2006-0005, University Center, subject to the Proffer Statement dated March 7, 2008 and revised May 13, 2008 and based on the Findings contained in the May 20, 2008 Action Item. The motion passed 9-0.

AD HOC COMMITTEE REPORT ON STAFF AIDE POLICIES, BOARD AND COMMISSIONS/STAFF AIDE POLICIES. Supervisor Kurtz moved that the Board of Supervisors accept the recommendation of the Ad Hoc Committee on Staff Aide Policies, Boards and Commissions that:

1) the job description and payband provided in Attachment I be approved for Staff Aides.

2) the following language be added to the policies for Staff Aides: "Staff Aides compensable work hours that are paid for with County funds must be in support of County government needs and activities."

3) the policy granting up to six paid days off per year per employee be applicable to Staff Aides

4) Staff Aides be eligible to participate in the County's tuition assistance program with the funds coming out of the Human Resources tuition assistance funds (not Board Member's district budgets).

(Chairman York moved for separation of the following motions 1 through 4:)

1) The job description and payband provided in Attachment I be approved for Staff Aides. This motion passed 9-0. (The Board requested that Julie Withrow, County Administration, create language that would allow for the employment of an intern at a lower rate of pay, take the language to the Ad Hoc Committee and then to the Board, which will amount to an amendment to the job description/payband that was approved on May 20th).

2) The following language be added to the policies for Staff Aides: "Staff Aides compensable work hours that are paid for with County funds must be in support of County government needs and activities." This motion passed 9-0. (The Board asked that Jack Roberts, County Attorney, research the law regarding this issue, looking at any action that is not in support of County government needs and activities. The Board also asked that Mr. Roberts research enforcement options, including possible return of any compensation paid if a violation is found, the intent being to return those monies to the County's General Fund.)

3) The policy granting up to six paid days off per year per employee be applicable to Staff Aides. (The motion passed 8-1, Chairman York voted no.)

4) Staff Aides be eligible to participate in the County's tuition assistance program with the funds coming out of the Human Resources tuition assistance funds (not Board Member's district budgets). (The motion passed 7-2, Supervisors Buckley and York voted no.)

Chairman York moved that the Board of Supervisors request that the Ad Hoc Committee on Staff Aide Policies, Board and Commissions again review a possible limitation on the number of staff aides that board members could hire. The motion failed 3-6 Supervisors Burk, McGimsey and York voted yes.

AD HOC COMMITTEE REPORT ON STAFF AIDE POLICIES, BOARD AND COMMISSIONS/ADVISORY BOARDS Supervisor Kurtz moved that the Board of Supervisors accept the recommendation of the Ad Hoc Committee on Staff Aide Policies, Boards and Commissions that the following overall policy changes be applied as policy to all non-mandated groups and that the same points serve as advisory and discussion points between mandated advisory boards and the Board of Supervisors:

1) There can be no changes to the composition of the groups without Board approval.

2) All substantive changes to the group and/or by-laws require Board approval.

3) All members of the group must be appointed by the Board.

4) Establishment of sub-committees requires Board approval.

5) The group must provide input to the Board on some cyclical basis as to activity, products, recommendations and/or deliverables.

Supervisor Kurtz amended the following motion:

6) Staff serving on advisory boards, with the exception of the Affordable Dwelling Unit Advisory Board, should not be voting members.

Supervisor Kurtz further moved that subsequent to the Board of Supervisors identifying its strategic plan and initiatives, work initiatives or projects be sent to each advisory body and any advisory body seeking to work on other non-Board directed projects, that the body by majority vote, forward its request for full Board approval, direction and allocation of resources, including staff support.

Supervisor Kurtz further moved that the Board of Supervisors approve to disband the Telecommunications Committee.

Supervisor Miller asked for separation of items 4 and 6:

4) Establishment of sub-committees requires Board approval; and

6) Staff serving on advisory boards, with the exception of the Affordable Dwelling Unit Advisory Board, should not be voting members.

The Board voted on items 1, 2, 3, and 5 and the following motion passed 9-0.

Subsequent to the Board of Supervisors identifying its strategic plan and initiatives, work initiatives or projects be sent to each advisory body and any advisory body seeking to work on other non-Board directed projects, that the body by majority vote, forward its request for full Board approval, direction and allocation of resources, including staff support.

Chairman York suggested forwarding: 4) Establishment of sub-committees requires Board approval back to the Ad Hoc Committee for further review.

6) Staff serving on advisory boards, with the exception of the Affordable Dwelling Unit Advisory Board, should not be voting members. (The motion passed 9-0.)

Supervisor McGimsey asked for separation of the motion to disband the Telecommunications Committee.

Supervisor Kurtz�s motion to disband the Telecommunications Committee passed 8-1, Supervisor McGimsey voted no.

AD HOC COMMITTEE REPORT ON STAFF AIDE POLICIES, BOARD AND COMMISSIONS/POLICY ON CARRYOVER FUNDS FOR BOARD OF SUPERVISORS DISTRICT BUDGETS Supervisor Kurtz moved that the Board of Supervisors approve the recommendation of the Ad Hoc Committee for Staff Aide Policies, Commissions & Committees that any remaining funds of the Chairman and District budgets at the close of the fiscal year be carried forward to the following fiscal year to establish a contingency fund to be distributed equally to each Chairman/District budget. The requisite carryover budget adjustment will be included each September in the Administrative Items Report and will require Corporate Board action.

Supervisor Kurtz accepted Supervisor Waters� friendly amendment to add a 10% cap to the overall carryover amount to establish an emergency contingency fund to be equally divided among the district budgets. (This motion FAILED 0-9.)

REQUEST TO TRANSFER CMAQ FUNDS FROM ASHBURN PARK AND RIDE LOT AND ROUTE 50 PARK AND RIDE LOT TO PACIFIC BOULEVARD/AUTOWORLD WAY TO SEVERN WAY Supervisor Waters moved that the Board of Supervisors request the Northern Virginia Transportation Authority transfer the CMAQ funds currently allocated as follows:

From: $1,620,000 from the Ashburn Park-and-Ride Lot (VDOT Project ID 0643-053-304 P101, C501, UPC 72995) and $500,000 from the Route 50 Park-and-Ride Lot (VDOT Project ID 0050-053-917 P101, C501, UPC 85368)

To: Pacific Boulevard (VDOT Project ID 1036-053-303, PE 101, RW201, C501, B667, B668, B669)

BOARD MEMBER INITIATIVE: DISCUSSION ON KINCORA Supervisor Waters moved that the Board of Supervisors hereby expresses its desire to discuss exploration of alternative planning and development options aside from the by-right data center use for the Kincora site to achieve greater economic development and better fulfill the vision of the Rt. 28 corridor in seeking the highest and best uses for a site prominently located on the corner of Rt.7/Rt.28.

Supervisor Waters further moved that the Board of Supervisors forward the discussion of exploring alternative development and planning options for the Kincora property to a committee-of-the-whole session, or the next Board discussion of allocation of land use staff resources.

Supervisor Miller moved a substitute motion to table the discussion on Kincora. The motion FAILED 4-5, Supervisors Buckley, Burk, Kurtz, and Miller voted yes.

Supervisor Waters withdrew her original motion and moved that the Board of Supervisors place the discussion of the Route 28 Corridor on the agenda for a future strategic planning session. The motion passed 9-0.

DECLARATION OF LOCAL EMERGENCY Supervisor Waters moved that the Board of Supervisors confirm the County Administrator�s declaration of a local emergency as a result of flooding, and further declare that the local emergency remain in effect until certain ingress and egress issues are resolved regarding the Greenlea subdivision. The motion passed 9-0.

Report of the June 3, 2008 Board of Supervisors Business Meeting

APPOINTMENTS Supervisor Miller moved that the Board of Supervisors confirm 1-6 nominations for appointment to terms expiring December 31, 2011, unless otherwise noted (Consent Item. The motion passed 9-0:

Agricultural District Advisory Committee: Al Van Huyck

Commission on Aging: Bob Charnoff

Community Criminal Justice Board: John Jorgensen

Dulles Town Center Community Development Authority (staggered four-year term):

David Macfarlane (term expires June 30, 2012)

Facilities Standards Manual Public Review Committee: Blake Smith, Linda Erbs

Housing Advisory Board: Father Arthur Johnson

The Board nominated the following:

Community Criminal Justice Board: Supervisor Kurtz nominated Mark Motivans.

Community Services Board : Supervisor Burk nominated Joe Granata. Supervisor Burk nominated Shaun Kelly. Supervisor Burk nominated Ben Morgan.

Loudoun County Transportation Safety Commission: Supervisor Miller nominated Susan Dorn.

Loudoun Health Council: Supervisor Burk nominated Leann Michaels. Chairman York nominated Debra Dever. (Chairman York noted that there would be a ballot vote at the June 17, 2008 Board Meeting.)

ADMINISTRATIVE ITEMS REPORT/JUNE 3, 2008

Supervisor Miller moved that the Board of Supervisors approve the Administrative Items Report of June 3, 2008, as amended to remove #L from the consent list. (Consent Item. The motion passed 9-0):

BUDGET ADJUSTMENTS: The Board of Supervisors moved to approve the following budget adjustments: BA-803916, BA-803918, BA-803919.

MINUTES:The Board of Supervisors moved to approve the May 19, 2008 Board of Supervisors� Special Meeting and Public Input Meeting Minutes.

DEEDS FOR APPROVAL :The Board of Supervisors moved to approve the following items: ESMT-2007-0067 Seven Hills Route 659 Improvements (Forest), University Center/Route 7/Loudoun County Parkway Interchange.

SECONDARY ROAD ADDITION/BROADLANDS SOUTH, SECTION 70 BLOCK 1:

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

SECONDARY ROAD ADDITION/KIRKPATRICK FARMS, SECTIONS A&B: The Board of Supervisors moved to adopt the resolution as presented.

SECONDARY ROAD ADDITION/ROUND HILL, PHASE 2, SECTION 2: The Board of Supervisors moved to adopt the resolution as presented.

SECONDARY ROAD ADDITION/SOUTH BANK, SECTION 3A: The Board of Supervisors moved to adopt the resolution as presented.

SECONDARY ROAD ADDITION/BELMONT EXECUTIVE CENTER, CLAIBORNE PARKWAY, PHASES 1&3: The Board of Supervisors moved to adopt the resolution as presented.

DEDICATION OF RIGHT OF WAY AND DRAINAGE EASEMENTS OVER COUNTY PROPERTY (Government Support Center Property): The Board of Supervisors moved to authorize its Chairman, or in his absence the Vice-Chairman or County Administrator, to execute an appropriate Deed approved as to form by the County Attorney.

COUNTY ACQUISITION OF RIGHT OF WAY AND STORM EASEMENT FOR RUSSELL BRANCH PARKWAY: The Board of Supervisors moved to authorize its Chairman, or in his absence the Vice-Chairman or County Administrator, to indicate the County�s acceptance of the right of way and easements by executing an appropriate Deed approved as to form by the County Attorney.

COUNTY ACQUISITION OF RIGHT OF WAY AND STORM DRAIN EASEMENT FOR RUSSELL BRANCH PARKWAY: The Board of Supervisors moved to authorize its Chairman, or in his absence the Vice-Chairman or County Administrator, to indicate the County�s acceptance of the right of way and easements by executing an appropriate Deed approved as to form by the County Attorney.

AUTHORIZATION FOR WORKERS COMPENSATION AND GENERAL LIABILITY SETTLEMENT AUTHORITY: Supervisor Miller accepted Chairman York�s friendly amendment that the Board of Supervisors forward Authorization for Worker�s Compensation and General Liability Settlement Authority to the Finance/Government Services and Operations Committee. The motion passed 9-0.

AMENDMENT TO THE LOUDOUN COUNTY WATER SUPPLY EMERGENCY ORDINANCE: Supervisor Miller moved that the Board of Supervisors direct that staff publish notice of the Board�s intent to repeal existing Chapter 1044 and adopt new Chapter 1046 as contained in Attachment 1 (Water Supply Emergency), and to place this matter on a future business meeting agenda for action after the notice has been published. (Consent Item. The motion passed 9-0.

ABANDONMENT OF A SEGMENT OF ASHBURN ROAD (ROUTE 641): Supervisor Miller moved that the Board of Supervisors adopt the Resolution of Abandonment of a Segment of the prescriptive right-of-way for Ashburn Road (Route 641). Consent Item. The motion passed 9-0.

APPROVAL AND AUTHORIZATION TO REQUEST THE FAIRFAX COUNTY ECONOMIC DEVELOPMENT AUTHORITY TO ISSUE ITS TRANSPORTATION CONTRACT REVENUE BONDS, SERIES 2008, FOR THE ROUTE 28 PROJECT TO PROVIDE FINANCING TO COMPLETE THE FINAL FOUR INTERCHANGES OF THE ROUTE 28 HIGHWAY IMPROVEMENT PROJECT: Supervisor Miller moved that the Board of Supervisors adopt the Resolution entitled �RESOLUTION REQUESTING THAT THE FAIRFAX COUNTY ECONOMIC DEVELOPMENT AUTHORITY ISSUE ITS TRANSPORTATION CONTRACT REVENUE BONDS (ROUTE 28 PROJECT) SERIES 2008, APPROVING THE FORM OF A SUPPLEMENTAL TRUST AGREEMENT BETWEEN THE FAIRFAX COUNTY ECONOMIC DEVELOPMENT AUTHORITY AND A TRUSTEE, A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT RELATING TO THE SERIES 2008 BONDS, AND A NOTICE CALLING FOR BIDS TO PURCHASE THE SERIES 2008 BONDS; CONFERRING AUTHORITY TO EXECUTE AND DELIVER SUCH DOCUMENTS AND AGREEMENTS RELATING TO SUCH TRANSACTIONS AS MAY BE NECESSARY OR REQUIRED; AND DELEGATING TO ANY OF THE CHAIRMAN, VICE CHAIRMAN, COUNTY ADMINISTRATOR AND DIRECTOR OF MANAGEMENT AND FINANCIAL SERVICES AND COUNTY CONTROLLER AUTHORITY TO DETERMINE AND APPROVE CERTAIN DETAILS OF SUCH TRANSACTIONS.� Consent Item. Supervisor The motion passed 9-0.

FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE REPORT/SOLE SOURCE CONTRACT AWARD/WATER AND SEWER FEES FOR THE ADULT DETENTION CENTER (PHASE 2): Supervisor Miller moved that the Board of Supervisors approve the recommendation of the Finance Government Services and Operations Committee to authorize the Purchasing Agent to award a sole source contract for water and sewer fees for the Adult Detention Center (Phase 2) to the Town of Leesburg in the amount of $588,571. Consent Item. The motion passed 9-0.

FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE REPORT: CONTRACT RENEWAL/LIBRARY MATERIAL SUPPLIERS: Supervisor Miller moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to authorize the Purchasing Agent to renew the Library Material Suppliers contract to the pool of providers listed in Attachment 1 in the estimated amount of $1,300,000. Consent Item. The motion passed 9-0.

FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE REPORT: CONTRACT AWARD/CONTRACTS WITH POTENTIAL COMPREHENSIVE SERVICES ACT FOR AT-RISK YOUTH AND FAMILIES (CSA) SERVICE PROVIDERS: Supervisor Miller moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to authorize the Purchasing Agent to award contracts with potential Comprehensive Services Act for At-Risk Youth and Families (CSA) Service Providers in the estimated amount of $10,621,932 for the period of July 1, 2008 through June 30, 2009 with the option to renew for up to three (3) additional one (1) year periods, subject to annual appropriations. Consent Item. The motion passed 9-0.

FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE;

UTILIZATION OF STATE ASSET FORFEITURE FUNDS/COMMONWEALTH�S ATTORNEY�S OFFICE: Supervisor Miller moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee for the utilization of the Commonwealth Attorney�s State Asset Forfeiture Funds for translation services in the amount of $5,800, and the approval of budget adjustment BA 803370 appropriating $5,800 for translation services. Consent Item. The motion passed 9-0.

FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE REPORT: PROPOSED COUNTY ORDINANCE AMENDMENTS TO CHAPTERS 820.03, 820.04 AND 820.06: INCREASES TO FEES FOR MASSAGE SERVICES AND OTHER AMENDMENTS: Supervisor Burton moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee that the proposed amendments to Chapter 820.03, 820.04 and 820.06 and other technical amendments pertaining to the regulation of massage services businesses within Loudoun County including the proposed fee increases in accordance with the authority granted by Virginia State Code be placed on the Board of Supervisors� September 8, 2008 Public Hearing agenda. The motion passed 9-0.

FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE REPORT: REQUEST FOR ELEMENTARY SCHOOL SITE � ZMAP 2005-0001, SEVEN HILLS: Supervisor Burton moved the Board of Supervisors direct the Zoning Administrator to prepare a letter to request conveyance of the 22-acre elementary school site for ES-20 to the Loudoun County School Board. The motion passed 9-0.

FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE REPORT/ CONTRACT AWARD/ROADWAY DESIGN FOR THE ROUTE 7 AND ROUTE 659 INTERCHANGE :Supervisor Burton moved that the Board of Supervisors authorize the Purchasing Agent to award a contract for the Roadway Design for the Route 7 and Route 659 Interchange to Dewberry & Davis, LLC in the amount of $1,721,638 with an expenditure of $548,520 authorized at this time for the preliminary and conceptual design. Seconded by Supervisor Waters.

Supervisor Burton accepted Supervisor Miller�s friendly amendment to direct staff to add the clause of addressing what the cost, if any, of not authorizing full expenditure without delay. The amended motion passed 9-0.

JOINT FINANCE/GOVERNMENT SERVICES AND OPERATIONS AND PUBLIC SAFETY/HUMAN SERVICES COMMITTEE REPORT/FY09 FUNDING FOR REGIONAL ORGANIZATIONS: Supervisor Burton moved that the Board of Supervisors approve the following recommendation of the Joint Finance/Government Services and Operations and Public Safety/Human Services Committee :

1. Approve the FY09 funding levels outlined in far right column of Attachment II to be disbursed in two equal installments during FY 09.

2. Waive of the carnival permit fee for $426 for Loudoun Fair and Associates for FY 09 and future fiscal years unless this waiver is rescinded by a future Board of Supervisors.

3. Encourage administrators of the Loudoun Free Clinic and Loudoun Community Health Center to meet, discuss and consider collaboration and possible merger, reporting back to the Board on the results of these discussions in January 2009.

Supervisor Delgaudio asked for separation of the motion. The motion to approve Item 1 passed 8-1, Supervisor Delgaudio voted no. The motion to approve Items 2 and 3 passed 9-0.

JOINT FINANCE/GOVERNMENT SERVICES AND PUBLIC SAFETY AND HUMANS SERVICES COMMITTEE REPORT: LOAN APPROVAL REQUEST: PURCHASE OF APPARATUS BY THE STERLING VOLUNTEER FIRE COMPANY

Supervisor Miller moved that the Board of Supervisors pass the resolution approving the plan to finance the replacement of Sterling Volunteer Fire Company�s 2000 Smeal Quint fire apparatus with $696,000 in tax-exempt financing from BB&T. Consent Item. The motion passed 9-0.

PROPOSED SIDEWALK SECTION ON PALISADES PARKWAY:Supervisor McGimsey moved that staff be directed to return to the Board of Supervisors with estimated construction, engineering, and design costs for a sidewalk and that staff present the Board with funding options for the construction of a sidewalk along Palisades Parkway from Potomac View Road to River Meadows Terrace. The motion passed

9-0.

REQUEST FOR RECONSIDERATION OF THE COMMONWEALTH TRANSPORTATION BOARD RESOLUTION REGARDING THE CLOSING OF CEDAR GREEN ROAD AT ROUTE 28: Supervisor Miller moved that the Board of Supervisors adopt the resolution: Request for Reconsideration of the Commonwealth Transportation Board May 15, 2008 Resolution �Cedar Green Road Access at Route 28 in Loudoun County.� Consent Item. Seconded by Supervisor McGimsey. The motion passed 9-0.

APPROVAL OF A MEMORANDUM OF AGREEMENT TO SUPPORT AN AFFORDABLE DWELLING UNIT ORDINANCE IN THE TOWN OF LEESBURG:

Chairman York moved that the Board of Supervisors direct staff to begin work with the Town of Leesburg to create a Memorandum of Agreement that will outline the responsibilities of both the Town and the County as the Town moves toward the creation of an Affordable Dwelling Unit Program.

Chairman York accepted Supervisor Waters� friendly amendment to request that staff bring forward a list of all the agreements that the County has and when these agreements expire. The amended motion passed 9-0.

Supervisor Waters moved a substitute motion that the Board of Supervisors request that staff bring forward additional information regarding the current agreements that are in place coming up for renewal in regard to the services the County provides to the Town of Leesburg. She further moved that the discussion of the Town ADU program be married up with a more comprehensive discussion to discuss as one package. The motion FAILED 2-7, Supervisors Delgaudio and Waters voted yes.

STATE TRANSPORTATION FUNDING: Chairman York moved that the Board of Supervisors adopt the following Resolution #2, as amended. This resolution is an amended version of the Northern Virginia Transportation Authority (NVTA) resolution urging the Virginia General Assembly to address the transportation funding crisis now.

RESOLUTION OF THE

LOUDOUN COUNTY BOARD OF SUPERVISORS

URGING THE VIRGINIA GENERAL ASSEMBLY

TO ADDRESS TRANSPORTATION

FUNDING CRISIS NOW

WHEREAS, Northern Virginia � as part of the Metropolitan Washington region � is ranked the second most congested metropolitan area in the Nation; and

WHEREAS, Northern Virginia is forecast to grow at a strong pace, eventually merging into a �megapolitan� region that stretches from Baltimore to Richmond; and

WHEREAS, population, vehicles miles traveled, transit riders and registered vehicles continue to grow, the buying power of transportation construction dollars has declined 40 percent since 1986 when the last gas tax increase occurred; and

WHEREAS, �� Transportation is fundamentally a state responsibility, and while the [County or City] of [Name] supports consideration of a broad array of options for a number of revenue sources, any Northern Virginia regional transportation revenues must include substantial state commitment; and

WHEREAS, the 2007 General Assembly established a dedicated funding program for the Northern Virginia Transportation Authority which would have met a substantial portion of the annual unfunded needs; and

WHEREAS, the Supreme Court of Virginia declared the 2007 approach to dedicated taxes and fees unconstitutional; and

WHEREAS, the shortfall in Virginia Department of Transportation construction and maintenance funding exacerbates the absence of dedicated transportation funding for Northern Virginia; and

WHEREAS, the forecast decrease of $97 million in the Department of

Rail and Public Transportation funding over the next five years adversely affects Northern Virginia�s transit network; and

WHEREAS, it is critical that dedicated funding for regional transit systems (including Metro and VRE) be identified, and that a dedicated funding source is vital to assist in the passage of congressional legislation providing dedicated federal funding for the Metro system.

NOW, THEREFORE, BE IT RESOLVED BY THE LOUDOUN COUNTY BOARD OF SUPERVISOR THAT:

� The County of Loudoun appreciates the need for a statewide increase in transportation funding beginning in FY 2009 to prevent the collapse of Virginia�s highway construction and maintenance programs, and supports a statewide package provided that Northern Virginia, specifically Loudoun County, receives at least the share of new revenues it currently receives under existing formulas; and

� The County of Loudoun also favors additional state funding of public transit, ridesharing and telework, pedestrian, bike paths and walkways, since the state continues to fall $200 million short of meeting its statutory target of covering 95 percent of eligible net transit expenses; and

� The County of Loudoun urges the General Assembly to adopt a dedicated funding program for Northern Virginia that is simple, sustainable, and which funds transportation at levels equal or greater than the amounts approved in HB 3202 beginning in FY 2009, and

� Funding for Northern Virginia should maintain an allocation formula that is supportive of regional priorities, especially $50 million for the WMATA (Metro) and $25 million for VRE; and

� Northern Virginia regional revenues should come from sources that can be used for the issuance of transportation revenue bonds; and

� That any plan adopted by the General Assembly be constitutional and does not require of localities to implement or impose fees or taxes.

The Board voted on the resolution, as amended. The motion passed 8-1, Supervisor Delgaudio voted no.

WORKFORCE HOUSING/HOME FORECLOSURE INITIATIVE: Chairman York amended the motion that the Board of Supervisors direct staff to explore the options available to the Board to create a program for which up to $1,000,000 from the housing trust funds be used for the purpose of providing low interest loans or grants to Loudoun County Government, School employees and employees of constitutional officers, and to employess of the private sector of Loudoun based companies, to acquire foreclosed properties in the 20164, 20165, and 20166 zip codes valued at less than $400,000 based on assessed value and report back to the Board by the July 15, 2008 business meeting.

Chairman York further moved that this program be specifically designed for those county employees that currently do not live in Loudoun County and that this program shall be restricted to the purchase of a primary residence only. Such program should be designed to guarantee a minimum time period of occupancy by recipient of the loan or grant with a reimbursement clause for the grant program for repayment to the housing trust fund in part or full should the recipient sell the house before minimum time period of occupancy is not met. (Seconded by Supervisor Delgaudio.)

Supervisor Delgaudio asked that the Prince William County Workforce Housing/Home Foreclosure Initiative Program information be included.

Chairman York accepted Supervisor Delgaudio�s friendly amendment to add employees of Loudoun based companies to paragraph one.

Supervisor Kurtz asked that the word �not� in the last sentence of paragraph two be struck.

Supervisor Kurtz asked that the first responders be separated from the 4.7% number of employees who live out of the County.

Supervisor Waters moved a substitute motion that �20164, 20165, and 20166 zip codes� be struck and leave the �$400,000� amount in paragraph one. The motion passed 5-4, Supervisors Burton, Buckley, Delgaudio and York voted no.

Chairman York amended the main motion that the issue be forwarded to the Board on July 15, 2008 Business Meeting or to the Public Safety Human Services Committee, subject to the recommendations on the 17th.

Chairman York accepted Vice Chairman Buckley�s friendly amendment to strike the reference to the up to $1,000,000 from the trust fund in paragraph one. The amended motion passed 9-0.

AMENDMENT TO THE ZONING ORDINANCE TO RESTRICT THE PARKING OF VEHICLES ON THE FRONT YARD OF SINGLE FAMILY DETACHED HOUSING:

This item was deferred to the June 17, 2008 Board Business Meeting.

AD HOC COMMITTEE FOR STAFF AIDE POLICIES, COMMISSIONS AND

Supervisor Kurtz accepted Chairman York�s substitute motion that the Board of Supervisors forward the Ad Hoc Committee for Staff Aide Policies, Commissions and Committee Reports on Staff Aide Policies � Fringe Benefits to the June 17, 2008 Board Business Meeting. The motion passed 6-3, Supervisors Burton, Delgaudio and Kurtz voted no.

REMOVAL OF A PROPOSED �HILLSBORO CONNECTOR� BETWEEN ROUTE 9 AND ROUTE 7 FROM FURTHER CONSIDERATION WITHIN THE DRAFT COUNTYWIDE TRANSPORTATION PLAN: Supervisor Burton moved that the Board of Supervisors iterate its support for the community-derived Route 9 Corridor recommendations approved by the Planning Commission in December 2007 and send a strong recommendation that the current Planning Commission recertify those recommendations without change. The motion passed 9-0.

RECONSIDERATION OF MOTION TO REMOVE COUNTY EMPLOYEES AS VOTING MEMBERS OF ADVISORY PANELS: Supervisor Miller that the Board of Supervisors reconsider the Ad Hoc Committee on Staff Aide Polices, Board and Commissions/Advisory Boards motion to remove County Employees as Voting Members of Advisory Panels from the May 20, 2008 Board Meeting. The motion passed 9-0.

Supervisor Miller moved that the Board of Supervisors amend Item 6 of the Ad Hoc Committee on Staff Aide Policies, Board and Commissions/Advisory Boards recommendation on the overall policies for all non-mandated groups to include an exception for the Fire and Rescue Commission, to read as follows:

Staff serving on advisory boards, with the exception of the Affordable Dwelling Unit Advisory Board and the Fire and Rescue Commission, should not be voting members. The motion passed 9-0.

CLOSED SESSION:

Vice Chairman Buckley moved that the Board of Supervisors recess this public meeting and enter into closed session. This authority for this closed session is Section 2.2-3711(A), Subsection (3) and is for the purpose of discussing specific matters concerning both the acquisition of real property for public purpose and disposition of publicly held real property, where discussion in open session would adversely affect the bargaining position or negotiating strategy of the Board.

In addition, the authority for this c

The Regency HOA

Report from BOS Meeting 5.17.08 & 6.3.08

Notes from Ashburn Volunteer Fire Rescue