Loudoun County, Virginia Board of Supervisors 1 Harrison Street, S.E., 5Th Floor, P.O

Loudoun County, Virginia Board of Supervisors 1 Harrison Street, S.E., 5th Floor, P.O. Box 7000, Leesburg, VA 20177-7000 Telephone (703) 777-0204  Fax (703) 777-0421 www.loudoun.gov

BOARD BUSINESS MEETING AGENDA Board Room, First Floor, Government Center Tuesday, July 3, 2012 9:00 A.M.

9:00 a.m. Call to Order

(* Proposed on Consent)

I. Call to Order - Chairman York

II. Pledge of Allegiance – Supervisor Buona

III. Adoption of Consent Agenda

IV. Requests for Additions/Deletions to the Agenda

V. Closed Session

VI. Information Items

VII. Public Input (Advanced sign-up required; limited to 15 speakers, 2 minutes each)

VIII. Action Items

1. Dulles Corridor Metrorail Project (Time Certain: Immediately following Public Input)

2. *Administrative Items Report of July 3, 2012

3. *Approval of the National Conference Center (NCC) Access Road and Easement Agreement (Rauch/Carlton)

4. *Ashburn Area Sheriff’s Station Land Acquisition (Rauch/Carlton)

5. *Board Member Initiative: Connect Northern Virginia/Request from Loudoun County Chamber of Commerce (York)

6. Finance/Government Services and Operations Committee Reports:

Agenda Page 2

6a. Consideration of a 2012 Bond Referendum and/or a Virginia Public School Authority (VPSA) Participation Followed by the Future Sale of $110,080,000 in General Obligation Bonds to Finance Capital Projects Included in the Fiscal Years 2013-2018 Adopted Capital Improvement Program for FY 2013 - This item has been deferred.

6b. *Resolution Authorizing the Issuance and Sale of General Obligation Bonds for Loudoun County, Virginia in the Maximum Amount of $70,625,000 (Mays/Williams)

6c. *Loudoun Health Council Proposed FY13 CHIP Initiatives (Goodfriend)

7. Transportation and Land Use Committee Reports:

7a. Traffic Mitigation from Sycolin Road Overpass Project Construction (Leesburg District) (Castellow/Beacher)

7b. *Review, Renewal, Modification or Termination of the New Lovettsville and the New Mountville Agricultural and Forestal Districts (Blue Ridge & Catoctin Districts) (Boles/Flynn)

7c. *SPEX 2011-0037/Dulles North Corporate Park, Building #7 (Sterling District) (McCarter/Pastor)

8. *August Recess/Cancellation of Board Meetings (Davis/Hemstreet)

IX. Adjourn

The Board will take recesses at approximately 10:30 - 10:45 a.m. and 2:30 - 2:45 p.m.

Please note: Advanced sign-up for Public Input is available. Contact the Office of the Clerk to the Board of Supervisors at (703) 777-0200 to sign-up to speak. Advanced sign-up is open until noon the day prior to the Business Meeting.

Copies of agenda items are available in the County Administrator’s Office and also available online at http://www.loudoun.gov/bosdocuments. If you wish to provide information to the Board via the visual display equipment in the Board Room please notify Jeanette Gilbert, Deputy Clerk, in advance of the meeting at 703-771-5679.

Agenda packets are usually posted by close of business on the Thursday prior to the Business Meeting. The Action Report of the meeting is usually available in this packet by close of business the day following the Business Meeting. If you need assistance accessing this information contact County Administration, 703-777-0200.

Agenda Page 3

If you require any type of reasonable accommodation, as a result of a physical, sensory, or mental disability, to participate in this meeting, please contact Jeanette Gilbert at (703) 771-5679. Three days notice is requested. FM Assistive Listening System is available at the meeting. Agenda –07-03-12

County of Loudoun Memorandum

DATE: July 3, 2012

TO: Board of Supervisors

FROM: Tim Hemstreet, County Administrator

SUBJECT: Summary of Agenda

The Loudoun County Board of Supervisors meets at 9:00 a.m. in the County Government Center, 1 Harrison Street, SE, Leesburg, VA.

(* Proposed on Consent)

I. Call to Order - Chairman York

II. Pledge of Allegiance – Supervisor Buona

III. Adoption of Consent Agenda

IV. Requests for Additions/Deletions to the Agenda

V. Closed Session

VI. Information Items

VII. Public Input (Advanced sign-up required; limited to 15 speakers, 2 minutes each)

VIII. Action Items

1. Dulles Corridor Metrorail Project (Time certain: Immediately following Public Input) Per the Funding Agreement and the additional 30-day extension granted by MWAA and Fairfax County, the Loudoun County Board of Supervisors has until July 4, 2012, to inform MWAA if Loudoun County will participate in the funding of the Dulles Corridor Metrorail project. The Board has held nine work sessions on this issue, from March 7 through June 29. The Board is anticipated to take a vote as a part of this action item at its July 3rd Business.

2. *Administrative Items Report of July 3, 2012 Board of Supervisors Summary of Agenda July 3, 2012 Page 2

This Report contains the following items for the Board of Supervisors approval on July 3, 2012: Budget Adjustments; Board of Supervisors Minutes; Deeds for Approval; Amendments to Chapter 209 of the Codified Ordinances of Loudoun County / Precincts, Polling Place and Absentee voting Location; Addition of Public Hearing for ZCPA 2011-0010, SPEX 2011-0033, ZMOD 2012-0004 / Loudoun County Public Schools – Hs-8, and ZMOD 2012-0001 / National Conference Center; Request for Board of Supervisors’ Approval of Three Regular, Full-time Developmental Services (DS) Case Managers (3.00 FTE) in the Department of Mental Health, Substance Abuse and Developmental Services; Grant of Easement over County Property – Moorefield Station; Grant of Easement over County Property – Farmwell Property; Request to Install and Maintain Traffic Calming Measures on Charandy Drive in Kings Crossing Subdivision, Secondary Road Addition – Five Oaks; Secondary Road Addition – VDOT Route 50 Project – 0050-053-119, C-501.

3. *National Conference Center Access Road and Easement Agreement ( Ashburn District) (Rauch/Carlton) The National Conference Center contract requires all parties to negotiate and execute an Access Road Agreement within 120 days of the end of the Due Diligence Period which defines all parties’ responsibilities for the development of the access road to serve the National Conference Center and HS-8. The Due Diligence Period ended on February 17, 2012. The deadline for executing the Access Road Agreement is July 5, 2012. The Proposed National Conference Center Access Road Agreement is a three party agreement between the Seller, Oxford Capital Group, LLC, The Loudoun County Board of Supervisors, and the Loudoun County School Board. This item provides the National Conference Center Access Road and Easement Agreement for the Board of Supervisors review and approval as to form.

4. *Ashburn Area Sheriff’s Station Land Acquisition (Rauch/Carlton) In November 2011, County Staff was directed to negotiate a contract for approximately 13.33-acres from the property owner of One Loudoun as the site provided a site for the Ashburn Sheriff Station and the opportunity to co-locate additional public facilities at a future time. The Ashburn Sheriff Station will utilize approximately 5-acres of the site and the remaining land designated for future public use. Future uses will be identified by the Board of Supervisors in its review of its Adopted Capital Needs Assessment and the Capital Improvement Program during the FY 2014 budget development process. Contract negotiations were suspended pending the newly elected Board of Supervisors being briefed on the contract negotiations in January 2012. The new Board directed staff to proceed with contract negotiations. The contract terms have been reviewed and revised by both the County and the Property Owner through June 2012 and a contract has been finalized. The land sale price for the 13.33 acres is $8,300,000. The contract terms also provide the County the opportunity to buyout the monthly Board of Supervisors Summary of Agenda July 3, 2012 Page 3

cost for the Property Owners’ Association (“POA”). The monthly cost for the POA, in which this parcel would be included in, is $15,031. To be removed from the POA, with the exception of maintaining some architectural standards of conformance of the overall One Loudoun Project, the one-time buyout option fee is $487,000. These fees will be used for the County’s share of maintenance for wear and tear on the One Loudoun’s community’s roads. The roads within this business community will be owned and maintained by the POA and not the Virginia Department of Transportation (VDOT). The Board of Supervisors is exercising this option in the contract which increases the total purchase price to $8,787,000. A due diligence period of ninety (90) days is proposed in the contract following contract execution. Settlement is contingent on the subdivision of the parcel along with the accompanying infrastructure being completed. The outside settlement date would be approximately in October 2012. A summary of the Contract Terms is provided in Attachment 2 to this item. A draft motion is provided in Attachment 1 to proceed with the contract purchase.

5. *Board Member Initiative: Connect Northern Virginia/Request from Loudoun County Chamber of Commerce (York) Chairman York is requesting a “Board-initiated” item to be placed on the next business meeting. This item will be to forward the request from the Chamber of Commerce to fund $2,500 for the first year of the project entitled “Connect Northern Virginia”. Please note that the item will include the request from the Chamber as well as a brief fact sheet. Chairman York is recommending that the Board send this to the Finance Committee for further discussion and recommendation

6. Finance/Government Services and Operations Committee Reports:

6a. Consideration of a 2012 Bond Referendum and/or a Virginia Public School Authority (VPSA) Participation Followed by the Future Sale of $110,080,000 in General Obligation Bonds to Finance Capital Projects Included in the Fiscal Years 2013 - 2018 Adopted Capital Improvement Program for Fiscal Year 2013 (Mays/Williams) – This item has been deferred.

6b. *Resolution Authorizing the Issuance and Sale of General Obligation Public Improvement Bonds of Loudoun County, Virginia, in the Maximum Aggregate Principal Amount of $70,625,000 (Mays/ Williams) This Item requests the Board of Supervisors approval of a financing resolution authorizing the sale of up to $70,625,000 in general obligation bonds to fund various school and public safety capital improvement projects and capital apparatus approved by referenda between 2009 and 2011. A listing of these projects to be financed is included with the staff report and Attachment A provides the authorizing resolution. The total principal and interest cost of these bonds is estimated at $107,158,000. The Finance/Government Services and Board of Supervisors Summary of Agenda July 3, 2012 Page 4

Operations Committee voted 4-0-1 (York absent) to recommend that the Board of Supervisors approve the resolution entitled "RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF LOUDOUN COUNTY, VIRGINIA, IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $70,625,000.

6c. *Loudoun Health Council/Proposed FY2013 Community Health Improvement Plan (CHIP) (Goodfriend) In September 2011, the Loudoun Health Council began working with the Loudoun County Health Department on a Community Health Improvement Plan (CHIP), which built upon its four recently completed public health assessments. At its March 20, 2012 Public Input and General Business Meeting, the Board of Supervisors requested that the Health Department and Loudoun Health Council identify five specific objectives out of the CHIP on which to focus, with Lyme disease listed as the #1 priority, and to bring those objectives back to the Finance/Government Services and Operations Committee for its review and recommendation. The Loudoun Health Council has met and provided their recommended objectives as outlined in Attachment 2 of the staff report. The Finance/Government Services and Operations Committee voted 4-0-1 to recommend that the Board of Supervisors that the Loudoun Health Council’s proposed FY13 CHIP initiatives be approved as listed in Attachment 1.

7. Transportation and Land Use Committee Reports:

7a. Traffic Mitigation from Sycolin Road Overpass Project Construction (Catoctin/Leesburg Districts) (Castellow/Beacher) At its June 5, 2012 meeting, the Board of Supervisors forwarded the subject item to the Transportation and Land Use Committee (TLUC) to review potential traffic issues related to the Sycolin Road overpass project and planned detour. At the June 15, 2012 meeting, the TLUC voted (5-0) to recommend that the Board of Supervisors, at its July 3, 2012 Business meeting, authorize a matching contribution to the Town of Leesburg of up to the amount of $600,000 as Loudoun County’s share of the cost of infill construction of Miller Drive between Blue Seal Drive and Tolbert Lane and direct staff to process payment to the Town of Leesburg. The Town Manager and the County Administrator were asked to investigate appropriate funding options. It was further moved that the TLUC recommend that should the Town of Leesburg apply for Airport Access Program funding for the balance needed for the Miller Drive extension project that the Board endorse the Towns application to VDOT. Further, the TLUC voted (5-0) to recommend that the Board of Supervisors amend the Capital Improvement Program (CIP) to accelerate construction of the segment of Kincaid Boulevard to Crosstrail Boulevard from FY18 to FY14 and direct staff to review swapping funds from Crosstrail Boulevard to Claudia Drive, known as Segment 1, to the Kincaid Boulevard to Crosstrail Boulevard section, known as Segment 4, subject Board of Supervisors Summary of Agenda July 3, 2012 Page 5

to financial review of the implications that moving the project back to its original position will have on the CIP. Subsequently, the Town Manager and County Administrator met to discuss funding options for the Miller Drive Extension. They identified a cash proffer paid by the Villages of Leesburg development for road improvements, held by the Town that were subject to the Town/County Area Annexation Development Policies (AADPs) as sufficient to fund the Miller Drive extension project. Staff is recommending that the Board direct County staff to work with Town staff to develop an agreement to use the cash proffer from the Villages of Leesburg development for the Miller Drive extension project. In addition, staff has determined it is appropriate to move funding for Crosstrail Boulevard from FY18 to FY14. Motions are included in the item to effect this recommendation.

7b. *Review and Renewal, Modification or Termination of the New Lovettsville and New Mountville Agricultural and Forestal Districts (Catoctin/Blue Ridge Districts) (Boles/Flynn) The New Lovettsville AFD currently has a four (4)-year term that will expire on January 3, 2013, and is subject to a lot subdivision minimum of twenty (20) acres or the minimum required by the Zoning Ordinance, whichever is greater, and further subject to a prohibition against subdivision through clustering. There are currently 134 parcels enrolled in the District, totaling approximately 2,472 acres. The New Mountville AFD currently has a four (4)-year term that will expire on January 3, 2013, and is subject to a lot subdivision minimum of fifty (50) acres or the minimum required by the Zoning Ordinance, whichever is greater, and further subject to a prohibition against subdivision through clustering. There are currently 42 parcels enrolled in the District, totaling approximately 2,463 acres. Pursuant to Section 1226.03 of the Codified Ordinances of Loudoun County, the Board shall review each District within its stipulated period, as set forth in the particular Ordinance creating the District, in order to determine whether to terminate, modify or continue the District. Pursuant to State Code (§15.2-4311), the Board must begin its review of the District at least ninety (90) days prior to the expiration of the term of the District. Additionally, pursuant to Section 1226.03, the Board shall request the recommendations of the Planning Commission and the ADAC in conducting such review. In accordance with State Code §15.2-4304 and §15.2-4307, the ADAC shall review and advise, assist, and make recommendations to the Planning Commission and Board of Supervisors in regard to the renewal of the District and any proposed modifications. In particular, the ADAC shall render expert advice in regard to the nature of farming and forestry and agricultural and forestal resources within the District and their relation to the entire County. In accordance with State Code §15.2-4307, the Planning Commission shall report its recommendations to the Board of Supervisors including but not limited to the potential effect of the District and proposed modifications upon the County's planning policies and objectives. At its June 15, 2012 meeting, the Transportation and Land Use Committee (TLUC) voted (5-0) Board of Supervisors Summary of Agenda July 3, 2012 Page 6

to recommend that the Board of Supervisors request that the Planning Commission and the Agricultural District Advisory Committee Provide recommendations regarding the review of the New Lovettsville Agricultural and Forestal District and the New Mountville Agricultural and Forestal District in accordance with Chapter 1226 of the Codified Ordinance of Loudoun County in order to determine whether to terminate, modify or continue the Districts. It was further moved that the TLUC recommend that the Board direct staff to provide written notice to the landowners through certified first class mail, newspaper advertisement, and public notice signage of the Board’s review to determine whether to renew, modify or terminate the New Lovettsville Agricultural and Forestal District and New Mountville Agricultural and Forestal District in accordance with § 15.2-4311 of the Code of Virginia and Chapter 1226 of the Codified Ordinances of Loudoun County.

7c. *SPEX 2011-0037, Dulles North Corporate Park Building 7 (Catoctin/Blue Ridge Districts (McCarter/Pastor) Dulles North Seven Corporation, of Bethesda, Maryland, has submitted an application for a special exception to permit up to 77,300 square feet of commercial office and/or warehousing uses in the PD-IP (Planned Development- Industrial Park) zoning district. The property is located within the Route 28 Taxing District and within the AI (Airport Impact) Overlay District, outside of but within one (1) mile of the Ldn 60 aircraft noise contour. This application is subject to the 1972 Zoning Ordinance and the proposed use may be permitted by the Board of Supervisors by Special Exception pursuant to Section 722.3.2. The subject property is approximately 5.23 acres in size and is located north of South Sterling Boulevard (Route 846) and on the west side of Shaw Road (Route 636), at 22455 Shaw Road, Sterling, Virginia, in the Sterling Election District. This application is administered under the 1972 Zoning Ordinance and moves directly to the Board for action without Planning Commission review. The Board of Supervisors heard the application at the public hearing June12, 2012 and forwarded the application to transportation Land Use Committee (TLUC) for consideration. The TLUC considered the application on June 15, 2012 and voted 5-0 to approve the application subject to revised Conditions of Approval dated June 15, 2012. Staff recommends denial. The decision deadline is July 3, 2012.

8. *August Recess / Cancellation of Board Meetings (Davis/Hemstreet) The Board of Supervisors traditionally takes a recess during the month of August. To provide for a recess this summer, the Chairman is recommending that the Board cancel the General Business Meeting & Public Input meeting, both Business meetings, the Public Hearing, and all committee meetings in August.

IX. Adjourn

Board of Supervisors Summary of Agenda July 3, 2012 Page 7

The Board will take recess at approximately 10:30 - 10:45 a.m.

Please note: Copies of agenda items are available in the County Administrator’s Office and on-line at http://www.loudoun.gov/bosdocuments or http://loudoun.granicus.com/ViewPublisher.php?view_id=2. Agenda packets are usually posted by close of business on the Thursday prior to the Business Meeting. The Action Report of the meeting is usually available in this packet by close of business the day following the Business Meeting. If you need assistance accessing this information contact County Administration, 703-777-0200.

If you wish to provide information to the Board via the visual display equipment in the Board Room please notify Jeanette Gilbert, Deputy Clerk, in advance of the meeting, at 703-771-5679.

Tentative Board Calendar Effective June 27, 2012

Friday, June 29, 2012 Dulles Rail Work Session 5:00 p.m. Board Room

Monday, July 2, 2012 Board of Supervisors General Business Meeting and Public Input Meeting 5:00 p.m. Board Room (Public Input to start as early as 6:00 p.m.)

Tuesday, July 3, 2012 Board of Supervisors Business Meeting 9:00 a.m. Board Room (Public Input to start as early as 9:00 a.m.; limited to 15 speakers and 30 minutes)

Wednesday, July 4, 2012 COUNTY HOLIDAY – Independence Day CLOSED

Monday, July 9, 2012 Finance/Government Services and Operations Committee 5:30 p.m. Board Room

Tuesday, July 10, 2012 Board of Supervisors Public Hearing 6:00 p.m. Board Room

Friday, July 13, 2012 Transportation and Land Use Committee 9:00 a.m. Board Room

Tuesday, July 17, 2012 Board of Supervisors Business Meeting (Public Comment to begin as early as 5:30 p.m.) 5:00 p.m. Board Room

Wednesday, July 18, 2012 Joint BOS/Planning Commission Public Hearing – HS-8 7:00 p.m. Belmont Ridge Middle School - Lansdowne

Monday, July 23, 2012 Economic Development Committee 6:00 p.m. Board Room

August 1-31, 2012 BOARD ON RECESS

Monday, September 3, 2012 COUNTY HOLIDAY – Labor Day CLOSED

Tuesday, September 4, 2012 Board of Supervisors General Business Meeting and Public Input Meeting 5:00 p.m. Board Room (Public Input to start as early as 6:00 p.m.)

Wednesday, September 5, 2012 Board of Supervisors Business Meeting 9:00 a.m. Board Room (Public Input to start as early as 9:00 a.m.; limited to 15 speakers and 30 minutes)

Monday, September 10, 2012 Finance/Government Services and Operations Committee 5:30 p.m. Board Room

Tuesday, September 11, 2012 Board of Supervisors Public Hearing 6:00 p.m. Board Room

Friday, September 14, 2012 Transportation and Land Use Committee 9:00 a.m. Board Room

(Continued on reverse) Monday, September 17, 2012 Economic Development Committee 6:00 p.m. Board Room

Tuesday, September 18, 2012 Board of Supervisors Business Meeting (Public Comment to begin as early as 5:30 p.m.) 5:00 p.m. Board Room

Wednesday, September 26, 2012 Joint Board / School Board Committee Meeting 5:00 p.m. School Administration Board Room

June 2012 July 2012 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa June 2012 12 1234567 3456789 8 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 24 25 26 27 28 29 30 29 30 31

Sunday Monday Tuesday Wednesday Thursday Friday Saturday May 27 28 29 30 31 Jun 1 2 10:00am Dulles Rail Public Outreach Session #4 (Loudoun Valley High School Cafeteria) May 27 - Jun 2 May

3 4 5 6 7 8 9 6:30pm Dulles Rail - 4:00pm BOS - General 9:00am BOS Business Public Input (Board Business/Public Meeting Room) Input (Board Room) 6:00pm Dulles Rail Work Session (Board

Jun 3 - 9 Room)

10 11 12 13 14 15 16 5:30pm Finance 6:00pm BOS Public 9:00am Committee (Board Hearing (Board Transportation/Land Room) Room) Use Committee (Board Room) Jun 10 - 16

17 18 19 20 21 22 23 6:00pm Dulles Rail 5:00pm BOS Business 6:00pm Economic Worksession (Board Meeting (Board Development Room) Room) Committee (Board Room) Jun 17 - 23

24 25 26 27 28 29 30 5:00pm Joint 5:00pm Dulles Rail Board/School Board Work Session Committee (Government Center - Purcellville Room) Jun 24 - 30

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Sunday Monday Tuesday Wednesday Thursday Friday Saturday Jul 1 2 3 4 5 6 7 5:00pm BOS - General 9:00am BOS Business COUNTY HOLIDAY - IN Business/Public Meeting 120-Day Decision Dead Input (Board Room) Jul 1 - 7 1 - Jul

8 9 10 11 12 13 14 5:30pm Finance 6:00pm BOS Public 9:00am Committee (Board Hearing (Board Transportation/Land Room) Room) Use Committee (Board Room) Jul 8 - 14

15 16 17 18 19 20 21 5:00pm BOS Business 7:00pm Joint Board / Meeting (Board Planning Room) Commission Public Hearing: HS-8 (Belmont Ridge Jul 15 - 21 Middle School)

22 23 24 25 26 27 28 6:00pm Economic Development Committee (Board Room) Jul 22 - 28

29 30 31 Aug 1 2 3 4 Jul 29 - Aug 4

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Sunday Monday Tuesday Wednesday Thursday Friday Saturday Jul 29 30 31 Aug 1 2 3 4 Jul 29 - Aug 4

5 6 7 8 9 10 11 Aug 5 - 11

12 13 14 15 16 17 18 Aug 12 - 18

19 20 21 22 23 24 25 Aug 19 - 25

26 27 28 29 30 31 Sep 1 Aug 26 - Sep 1

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Sunday Monday Tuesday Wednesday Thursday Friday Saturday Aug 26 27 28 29 30 31 Sep 1 8/26 - 31

2 3 4 5 6 7 8 COUNTY HOLIDAY - LA 5:00pm BOS - General 9:00am BOS Business Business/Public Meeting Input (Board Room) 9/2 - 7

9 10 11 12 13 14 15 5:30pm Finance 6:00pm BOS Public 9:00am Committee (Board Hearing (Board Transportation/Land Room) Room) Use Committee (Board Room) 9/9 - 14

16 17 18 19 20 21 22 6:00pm Economic 5:00pm BOS Business Development Meeting (Board Committee (Board Room) Room) 9/16 - 21

23 24 25 26 27 28 29 5:00pm Joint Board/School Board Committee (School Board Admin Board 9/23 - 28 Room)

30 Oct 1 2 3 4 5 6 9/30 - 10/5

Berg, Keri 4 6/26/2012 10:32 AM Necessary reviews have been completed,

Date of Meeting: July 3, 2012

# 1 BOARD OF SUPERVISORS ACTION ITEM

SUBJECT: Dulles Corridor Metrorail Project

ELECTION DISTRICT: Countywide

CRITICAL ACTION DATE: July 3, 2012

STAFF CONTACTS: Tim Hemstreet, County Administrator Ben Mays, Acting Director, Management & Financial Services Andy Beacher, Director, Office of Transportation Services Jack Roberts, County Attorney

BACKGROUND:

The Board of Supervisors has held nine work sessions on the Dulles Corridor Metrorail Project (“Dulles Rail”), including a final work session on June 29th. Previous meetings include: the initial introductory work session held on March 7, 2012, the WMATA work session held on April 17th, the Transportation/Transit work session held on May 3rd, the May 15th work session on Robert Charles Lesser & Company’s Updated Market and Fiscal Impact Analysis, the May 16th finance work session held to discuss DESMAN Associates’ Metrorail Parking Demand Study and the status of the Metropolitan Washington Airport Authority’s efforts to date with respect to the Project, and the finance work sessions held on May 22nd, June 6th, and June 18th, 2012.

Per the Funding Agreement and the additional 30-day extension granted by MWAA and Fairfax County, the Loudoun County Board of Supervisors has until July 4, 2012, to inform MWAA if Loudoun County will participate in the funding of the Dulles Corridor Metrorail project.

ISSUES:

At the work sessions described above, the Board considered topics including WMATA and its oversight of the Metro system; MWAA and its plan for project labor agreements, financing, and tolls on the Dulles Toll Road; the economic impact of Dulles Rail on Loudoun County; the ability of the County to pursue partnerships to develop and manage the three parking garages in the County; and various financing mechanisms and scenarios for covering the County’s obligations for capital costs, annual WMATA operating costs, and annual WMATA capital costs. Full details on these topics, as well as answers to Board member questions on these and other topics, have been provided to the Board previously and are available at http://www.loudoun.gov/dullesrail.

Dulles Corridor Metrorail Project Board of Supervisors Business Meeting July 3, 2012 Page 2 of 2

FISCAL IMPACT:

The County’s capital contribution for the Project is anticipated to be approximately $269 million. Annual contributions to the operating and capital expenses of the Metro system begin in 2018 with an initial amount of $16.3 million.

The Board has considered a number of alternatives to pay for Loudoun County’s obligations related to this project. Although a final financing plan is not required prior to the Board’s decision on July 3rd, the Board has indicated a desire to come to an agreement on a framework prior to July 3rd. Details surrounding this framework are expected to be discussed at the June 29th work session, and any follow- up materials resulting from that meeting will be provided to the Board as soon as possible. Information regarding the proposed Rail Service Tax District is attached to this item (Attachment 1 is the draft map; Attachment 2 provides expected revenues and comparisons to neighboring jurisdictions), as also provided for the June 29th meeting.

ALTERNATIVES:

The Board may vote to remain in the project or opt-out of the project and any associated funding requirements.

DRAFT MOTIONS:

1. I move that the Board of Supervisors notify the Metropolitan Washington Airports Authority that Loudoun County approves proceeding with its funding participation in Phase 2 of the Project under the July 19, 2007 “Agreement to Fund the Capital Cost of Construction of Metrorail in the Dulles Corridor.”

2. I move that the Board of Supervisors notify the Metropolitan Washington Airports Authority that Loudoun County does not approve proceeding with its funding participation in Phase 2 of the Project under the July 19, 2007 “Agreement to Fund the Capital Cost of Construction of Metrorail in the Dulles Corridor.”

3. I move an alternate motion.

ATTACHMENTS:

1. Alternate 1 (“Purple Line”) – Rail Service Tax District Map 2. Alternate 1 (“Purple Line”) – Rail Service Tax District Revenue Projections Metrorail Alternate One Tax District Proposal

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Assumptions: Revenue Sources Expenditures -RCLCO Growth -Debt Structure: Case 10 -Gas Tax -Does Not Include -Rail District: transportation road Station Development District (within ½ -mile radius) @ $0.20 improvement projects Rail Service District (Parcels outside of ½ -mile radius) @ $0.20

2014 2018 2020 2023 2025 2030 Revenues $7.2M $10.8M $27.0M $33.8M $38.6M $51.3M Expenditures $1.5 $8.4 $25.8 $36.9 $39.5 $43.2 Net Impact $5.7 $2.4 $1.2 $-3.1 -$0.86 $8.1

3 $100,000,000 Alternate District #1 Proposed Financing Scenario $90,000,000

$80,000,000

$70,000,000

$60,000,000

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$40,000,000

$30,000,000

$20,000,000

$10,000,000

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ADMINISTRATIVE ITEMS REPORT July 3, 2012 ______#2. ACTION ITEMS

a. Budget Adjustments

b. Board of Supervisors Minutes

c. Deeds for Approval

d. Amendments to Chapter 209 of the Codified Ordinances of Loudoun County / Precincts, Polling Place and Absentee voting Location

e. Addition of Public Hearing for ZCPA 2011-0010, SPEX 2011-0033, ZMOD 2012-0004 / Loudoun County Public Schools – Hs-8, and ZMOD 2012-0001 / National Conference Center

f. Request for Board of Supervisors’ Approval of Three Regular, Full-time Developmental Services (DS) Case Managers (3.00 FTE) in the Department of Mental Health, Substance Abuse and Developmental Services

g. Grant of Easements over County Property – Moorefield Station h. Grant of Easement over County Property – Farmwell Property i. Secondary Road Addition – Five Oaks j. Secondary Road Addition -VDOT Route 50 Project - 0050-053-119, C-501

Date of Meeting: July 3, 2012 a. BUDGET ADJUSTMENTS

Staff Contacts: Mark Adams, Chief Financial Officer, Management & Financial Services

Recommendation: Staff recommends that the Board of Supervisors approve the budget adjustments below as stated. BA-130007 Estimates and appropriates $54,988 This budget adjustment estimates and of revenue in the Department of appropriates $54,988 of Virginia Tobacco Mental Health, Substance Abuse Settlement Fund (VTSF) grant funds in and Developmental Services. the Substance Abuse Prevention Program to provide prevention and education services. This grant provides funding for one position (1.00 FTE). No local tax funding is required.

BA-130017 Reduces estimate and appropriation This budget adjustment moves Wounded by $75,410 in Mental Health Warrior grant funding from MHSADS to Substance Abuse and the Special Revenue Fund by reducing Developmental Services and estimates and appropriations $75,410 in increases estimate and MHSADS and increasing estimates and appropriation by $75,410 in the appropriation by $75,410 in the Special Special Revenue Fund. Revenue Fund. There is no net change in the General Fund balance.

BA-130026 Reduces estimate and appropriation This budget adjustment reduces estimate by $10,916.20 in the Local and appropriation by $10,916.20 in the Gasoline Tax Fund. Local Gasoline Tax Fund to correct an erroneous increasing of estimate and appropriation in the Bicycle and Pedestrian Contingency account.

BA-130027 Estimates and transfers $6,633.95 This budget adjustment transfers from the Capital Fund to the Debt $6,633.95 from the Capital Fund to the Service Fund. Debt Service Fund in order to pay off debt service associated with a remaining balance from a capital apparatus purchase by the Department of Fire, Rescue and Emergency Management.

FY 2013 Summary Fiscal Impact: Budget adjustments presented for the Board’s consideration decreases the General Fund revenue budget of $1,093,279,368 by $20,422 to $1,093,258,946 and decreases the General Fund expenditures budget of $399,790,354 by $20,422 to $399,769,932. There is no fiscal impact to the General Fund balance.

Motion: I move that the Board of Supervisors (1) approve the FY 2013 budget adjustments as set out in the July 3, 2012 Administrative Items Report, (2) recognize a decrease in revenue in the amount of $20,422 in the General Fund for FY 2013, and (3) make an decrease in FY 2013 appropriations of $20,422in the General Fund.

#b. Board of Supervisors’ Minutes ______

The April 3, 2012 Public Input & General Business Meeting Minutes are before the Board for approval.

MOTION:

The Board moves to approve the April 3, 2012 Public Input & General Business Meeting Minutes.

There are no Committee Summaries included in the Board’s Packet.

Staff Contact: Jeanette Gilbert, County Administration

Attachments: Minutes (Attached at the end of this item) Date of Meeting: July 3, 2012

STAFF CONTACTS: Building and Development: Terrance D. Wharton, Director Building and Development: William M. Himel, Planner Office of County Attorney: Ronald J. Brown, Assistant County Attorney ______BACKGROUND:

1. ESMT 2011-0059 Deed of Dedication, Easement and Quitclaim creating temporary Potomac Station Section construction, grading, storm drainage and trail easements, and 7B, Parcel B street dedication, as depicted on the associated plat. Approved as to legal form by the Office of County Attorney on May 30, 2012 [D. Larson].

2. ESMT 2012-0006 Deed of Boundary Line Adjustment, Open Space Easement, and Historic Selma Estates Vacation adjusting boundary lines, and vacating and creating a Phase 1 Section 2 portion of the open space easements for both lots, as depicted on Conservancy Lots 22 & the associated plat. Approved as to legal form by the Office of 23 County Attorney on June 15, 2012 [R. Perdue].

3. ESMT 2012-0007 Deed of Open Space Easement and Vacation vacating and Historic Selma Estates creating a portion of the open space easements for both lots, as Phase 1 Section 2 depicted on the associated plat. Approved as to legal form by the Conservancy Lots 24 & Office of County Attorney on June 15, 2012 [R. Perdue]. 25

4. ESMT 2015-0029 Deed of Open Space Easement and Vacation vacating and Historic Selma Estates creating a portion of the open space easement, as depicted on the Phase 1 Section 3 associated plat. Approved as to legal form by the Office of Conservancy Lot 31 County Attorney on June 19, 2012 [R. Perdue].

5. ESMT 2010-0007 Deed of Easement and Vacation creating and vacating storm Potomac Station Lot 736 drainage easements, as depicted on the associated plat. Approved as to legal form by the Office of County Attorney on June 20, 2012 [V. Bynoe].

6. ESMT 2010-0008 Deed of Easement and Vacation creating and vacating storm Potomac Station Lot 737 drainage easements, as depicted on the associated plat. Approved as to legal form by the Office of County Attorney on June 20, 2012 [V. Bynoe].

DRAFT MOTION: I move that the Board of Supervisors approve the aforementioned deeds as presented.

Date of Meeting: July 3, 2012

d. AMENDMENTS TO CHAPTER 209 OF THE CODIFIED ORDINANCES OF LOUDOUN COUNTY/PRECINCTS, POLLING PLACE AND ABSENTEE VOTING LOCATION

Staff Contact: Julie Grandfield, Assistant County Administrator Brandi Brookhouse, Secretary, Loudoun County Electoral Board Judy Brown, General Registrar

BACKGROUND: On June 5, 2012, the Board of Supervisors reviewed and agreed to certain changes to voting precincts and polling places. To formally adopt these changes, the Board must first publish notice of the ordinance amendments. That notice ran on June 22 and 29, 2012. This item brings the matter back for final action.

Section 209.01 of the Codified Ordinances of Loudoun County will be revised to make the following changes:

1. The location of the polling place for the Hillsboro Precinct (Blue Ridge Election District) will be moved from the “Hillsboro Elementary School” to the “Old Stone School”.

2. The name of the “Purcellville One” Precinct (Blue Ridge Election District) will be changed to the “Purcellville” Precinct.

3. The name of the “Purcellville Two” Precinct (Blue Ridge Election District) will be changed to the “Mountain View” Precinct.

4. The name of the “Woodgrove” Precinct (Blue Ridge Election District) will be changed to the “Round Hill Elementary” Precinct.

Section 209.56 will be amended to establish an absentee voting location at the Dulles South Multipurpose Center, 24950 Riding Center Drive, South Riding, Virginia 20152, during the two weeks prior to the November 6, 2012 election. The amendments require prompt action to allow for preclearance by the Department of Justice and the issuance of new voter registration cards prior to the November election.

DRAFT MOTION: I move that the Board of Supervisors adopt the amendments to Chapter 209 of the Codified Ordinances of Loudoun County to change the location of the Hillsboro Precinct polling place to the Old Stone School; to change the name of the Purcellville One Precinct to the Purcellville Precinct; to change the name of the Purcellville Two Precinct to the Mountain View Precinct; to change the name of the Woodgrove Precinct to the Round Hill Elementary Precinct; and to establish an additional absentee voting location at the Dulles South Multipurpose Center during the two weeks prior to the November 6, 2012 election.

Attachment: Amendments to Sections 209.01 and 209.56 of the Codified Ordinances of Loudoun County

ATTACHMENT

AMENDMENTS TO SECTION 209.57 OF THE CODIFIED ORDINANCES OF LOUDOUN COUNTY (ESTABLISHMENT OF VOTING PRECINCTS AND POLLING PLACES)

209.01 ESTABLISHMENT.

Pursuant to Section 24.2-307 of the Code of Virginia of 1950, as amended, the voting precincts within each supervisor election district and the polling place for each voting precinct are hereby established as set forth in this chapter.

Districts Precinct Name Polling Place Algonkian Algonkian Algonkian Elementary School Cascades Potowmack Elementary School Countryside Countryside Elementary School Galilee Church Galilee United Methodist Church Lowes Island Lowes Island Elementary School Potomac Falls Potomac Falls High School River Bend River Bend Middle School South Bank Potomac Baptist Church Sugarland North Horizon Elementary School Sugarland South Meadowland Elementary School University Center George Washington University

Ashburn Belmont Ridge Belmont Ridge Middle School Belmont Station Belmont Station Elementary School Broad Run Broad Run High School Heritage Church Heritage Baptist Church Newton-Lee Newton-Lee Elementary School Sanders Corner Sanders Corner Elementary School Seldens Landing Seldens Landing Elementary Stone Bridge School Stone Bridge High School

Blue Ridge Creighton's Corner Creighton's Corner Elementary School Firehouse Philomont Firehouse Hillsboro Hillsboro Elementary School Old Stone School Philomont Philomont Firehouse Purcellville One Purcellville Emerick Elementary School Round Hill Round Hill Center Middleburg Middleburg Town Office St. Louis Banneker Elementary School Aldie Aldie United Methodist Church Purcellville Two Mountain View Mountain View Elementary School Woodgrove Round Hill Elementary Round Hill Elementary School Briar Woods Briar Woods High School Legacy Legacy Elementary School Pinebrook Pinebrook Elementary School

Broad Run Russell Branch Ashburn Elementary School Dominion Trail Dominion Trail Elementary School Farmwell Station Farmwell Station Middle School Weller Steuart W. Weller Elementary School Eagle Ridge Eagle Ridge Middle School Hillside Hillside Elementary School Mill Run Mill Run Elementary School Oak Grove Oak Grove Baptist Church Ridgetop Ridgetop Circle County Office

Catoctin West Lovettsville Lovettsville Community Center Lucketts Lucketts Elementary School Waterford Waterford Elementary School Harper Park Harper Park Middle School Evergreen Evergreen Mill School Clarkes Gap Holy Trinity Lutheran Church East Lovettsville Lovettsville Elementary School Between the Hills Neersville Fire and Rescue Hamilton Hamilton Baptist Church Red Rock Red Rock Community Center Tuscarora Tuscarora High School Rehau Rehau Office Building J.L. Simpson J. Lupton Simpson Middle School

Dulles Arcola Arcola Elementary School Little River Little River Elementary School Lunsford J. Michael Lunsford Middle School Mercer Mercer Middle School Hutchison Farm Hutchison Farm Elementary School Freedom Freedom High School Carter Rosa Lee Carter Elementary School Dulles South Dulles South Multipurpose Center Moorefield National Parks and Recreation Association Town Hall South Riding Town Hall

Leesburg Dry Mill C.S. Monroe Technology Center East Leesburg Francis Hazel Reid Elementary School Smart’s Mill Smart’s Mill Middle School West Leesburg Ida Lee Recreation Center Cool Spring Cool Spring Elementary School Brandon Park Loudoun County High School Balls Bluff Balls Bluff Elementary School Greenway Leesburg Community Church Heritage Heritage High School Tolbert John W. Tolbert Jr. Elementary School

Sterling Park View Park View High School Rolling Ridge Rolling Ridge Elementary School Sully Sully Elementary School Forest Grove Forest Grove Elementary School Claude Moore Park Claude Moore Recreation Center Mirror Ridge Sugarland Elementary School Seneca Seneca Ridge Middle School Sterling Sterling Middle School

ATTACHMENT

AMENDMENTS TO SECTION 209.57 OF THE CODIFIED ORDINANCES OF LOUDOUN COUNTY (CENTRAL ABSENTEE VOTER ELECTION PRECINCT)

209.56 CENTRAL ABSENTEE VOTER ELECTION PRECINCT There is hereby established a Central Absentee Voter Election Precinct which shall receive and record all absentee ballots that are properly cast in all elections held in the County. The Central Absentee Voter Election Precinct shall be located at the Office of the General Registrar, 750 Miller Drive, S.E., Leesburg, Virginia 20175. In addition to the Office of the General Registrar, the following locations have been approved by the Electoral Board and are hereby established for absentee balloting: (a) during the two weeks prior to each November general election, at the Senior Center at Cascades, 20160 Whitfield Place, Sterling, Virginia 20165: and (b) during the week prior to the November 6, 2012 general election, at the Dulles South Multipurpose Center, 24950 Riding Center Drive, South Riding, Virginia 20152.

Date of Meeting: July 3, 2012 e. ADDITION OF PUBLIC HEARING FOR ZCPA 2011-0010, SPEX 2011-0033, ZMOD 2012-0004 / LOUDOUN COUNTY PUBLIC SCHOOLS – HS-8, AND ZMOD 2012-0001 / NATIONAL CONFERENCE CENTER

Staff Contacts: Jack Roberts, County Attorney Danny Davis, County Administration

BACKGROUND: The Chairman has directed staff to advertise a joint Public Hearing with the Planning Commission on July 18, 2012, with a start time of 7:00pm.

The Board’s Rules of Order provide that the Board will hold regular Public Hearings on the Tuesday following the first Wednesday at 6:00pm. This item is to confirm the intent of the Board to hold an additional Public Hearing on July 18, 2012, beginning at 7:00pm, on the subjects of: ZCPA 2011-0010, SPEX 2011-0033, ZMOD 2012-0004 / LOUDOUN COUNTY PUBLIC SCHOOLS – HS-8, and ZMOD 2012-0001 / NATIONAL CONFERENCE CENTER. The location of the Public Hearing will be: the auditorium of the Belmont Ridge Middle School, 19045 Upper Belmont Place Leesburg, VA 20176.

DRAFT MOTION: I move that the Board of Supervisors confirm the scheduling of a public hearing to be held in the auditorium of the Belmont Ridge Middle School, 19045 Upper Belmont Place Leesburg, VA 20176, on July 18, 2012, beginning at 7:00 P.M., and that the items to be heard at that time and place are those properly scheduled and advertised for the July 18, 2012 Public Hearing.

Date of Meeting: July 3, 2012

Staff Contact: Ben Mays, Acting Director, Management & Financial Services Joseph Wilson, Director, Mental Health, Substance Abuse and Developmental Services Mark Lauzier, Budget Officer, Management & Financial Services ______BACKGROUND: The Department of Mental Health, Substance Abuse and Developmental Services (MHSADS) requests that the Board of Supervisors approve three regular, full-time Developmental Services (DS) Case Managers (3.00 FTE). The Department currently has seven full-time DS Case Managers (7.00 FTE), titled Care Coordinators. Case management consists of services to assist eligible beneficiaries in obtaining medical and other services necessary for their treatment. Case management is not the direct provision of medical and related services, but rather is assistance to help beneficiaries receive care by identifying needed services, finding providers, and monitoring and evaluating the services delivered. DS case managers coordinate the individualized supports required to successfully become integrated in the community and minimize the crises that lead to the most restrictive and expensive treatment modalities. All Medicaid Waiver clients are required to receive case management services and targeted case management is a mandated service.

MHSADS has 65 individuals on the immediate need waiting list for Case Management services. As this is a mandated service, a wait list is not permitted. The seven Care Coordinators (7.00 FTE) are at 95% capacity, each one serving 20-25 clients. The Department will be receiving 10 additional Medicaid Waiver slots in FY 13 which will also require Case Management. With the addition of the requested 3.00 FTE Care Coordinators, the Department will be able to take all immediate need, Medicaid eligible clients off of the waiting list and immediately begin serving them as is required by the State. Case loads for each Care Coordinator in Developmental Services will be between 20-25 cases, which is the Medicaid suggested caseload. Budget Adjustment 130018 estimates revenue and appropriates expenditures of $293,850 for the Medicaid Waiver funding which will offset the costs of the requested positions, one vehicle and computer equipment. Medicaid pays $326.50 per client per month for case management.

FISCAL IMPACT: There is no impact on local tax funding as Medicaid Waiver funds are available and will offset the costs associated with this request.

MOTION: I move that the Board of Supervisors approve three regular, full-time Developmental Services (DS) Case Managers (Specialist II classification) (3.00 FTE) and approve Budget Adjustment 130018 for the Department of Mental Health Substance Abuse and Developmental Services. Date of Meeting: July 3, 2012

g. GRANT OF EASEMENTS OVER COUNTY PROPERTY – MOOREFIELD STATION

STAFF CONTACTS: Dawn Klassen, Land Acquisition Manager, Department of Construction and Waste Management Mary Confroy Valenta, Assistant County Attorney ______

BACKGROUND: Verizon-VA, LLC and Virginia Electric and Power Company, doing business in Virginia as Dominion Virginia Power, have requested a communications system easement and an electric utility easement across County property (22325 Mooreview Parkway, Ashburn, Virginia, and otherwise referred to as PIN # 120-17-0779-000) in the Dulles Election District to provide communication systems and electric services and facilities to serve an elementary school to be constructed on the property (ES-16). The locations of the easements have been approved by Loudoun County Department of Construction and Waste Management and the Loudoun County Public Schools’ staff and are shown on the attached plats.

DRAFT MOTION:

I move that the Board of Supervisors approve the requested grant of easements, and that the Chairman and Vice-Chairman be authorized to execute the appropriate Deed of Easement, Right of Way Agreement, or other form of easement acceptable in form to the County Attorney.

ATTACHMENT: Plats showing location of property and requested easements.

Date of Meeting: July 3, 2012

h. GRANT OF EASEMENT OVER COUNTY PROPERTY – FARMWELL PROPERTY

STAFF CONTACTS: Dawn Klassen, Land Acquisition Manager, Department of Construction and Waste Management Mary Confroy Valenta, Assistant County Attorney ______

BACKGROUND: Verizon-VA, LLC has requested a communications system easement across County property (43950 Grace Bridge Drive, Ashburn, Virginia, and otherwise referred to as PIN # 088-40-3678-000) in the Ashburn Election District to provide communication systems to serve an elementary school to be constructed on the property (ES-22). The location of the easement has been approved by Loudoun County Department of Construction and Waste Management and the Loudoun County Public Schools’ staff and is shown on the attached plat.

DRAFT MOTION:

I move that the Board of Supervisors approve the requested grant of easement, and that the Chairman and Vice-Chairman be authorized to execute the Deed of Easement or other form of easement acceptable in form to the County Attorney.

ATTACHMENT: Plats showing location of property and requested easement.

Date of Meeting: July 3, 2012

i. Request to Install and Maintain Traffic Calming Measures on Charandy Drive in Kings Crossing Subdivision

STAFF CONTACT: Eloisa Thring, Office of Transportation Services Andy Beacher, Director, Office of Transportation Services ______

BACKGROUND:

In 2009, the Office of Transportation Services (OTS) was informed about concerns regarding excessive vehicular traffic and speeding on Charandy Drive (Route 1199) and Camelot Place (Route 1198) in Kings Crossing subdivision. Both residential streets are maintained by the Virginia Department of Transportation (VDOT) as part of the secondary system of state highways. OTS staff investigated the matter and determined that motorists are speeding while detouring through the community to avoid the daily traffic congestion that occurs during morning and afternoon rush hour periods at South Kings Street (Route 15), Gleedsville Road (Route 650) and Masons Lane, commonly known as Virts Corner.

In 2010, as an initial step to reduce vehicular speeding within the subdivision, a “$200 Additional Fine for Speeding” sign was installed by VDOT. As an additional traffic calming measure, a series of five chicanes, each in a trapezoidal form, are proposed to be installed on Charandy Drive, as illustrated on the King Crossings Subdivision Traffic Calming Plan (Attachment 1). These chicanes, made of plastic curbs with flexible posts, will reduce the street width so traffic in one direction must give way to opposing traffic, thus reducing motorists’ speed. Additional Manual on Uniform Traffic Control Devices (MUTCD) “STOP” signs will also be installed in Kings Crossing subdivision as part of this traffic calming initiative. In February, 2012, this plan was approved by the VDOT’s Traffic Engineering Division.

Presently, the Town of Leesburg is pursuing the Virts Corner Improvement Project, which is expected to be completed in Fall 2013. This project includes realigning Masons Lane to form a right-angle intersection with South King Street and will include a new traffic signal. Gleedsville Road will also be realigned to intersect with Masons Lane further away from South King Street, and will be controlled by a “STOP” sign. When this improvement project is complete, the traffic volume is expected to decrease significantly in Kings Crossings subdivision. OTS will re- evaluate the need for the chicanes at that time.

FISCAL IMPACT:

The chicanes used for this traffic calming initiative are surplus from another project; therefore, funding for materials is not required. The installation cost of the chicanes and “STOP” signs are projected to be $8,668.00 for which sufficient balance is available in the Gas Tax Fund Traffic Calming Contingency.

BOS Administrative Item Report # Request to Install and Maintain for Traffic Calming Measures on Charandy Drive in Kings Crossing Subdivision July 13, 2012 Page 2

DRAFT MOTION:

I move that the Board of Supervisors authorize staff to execute for the contractor to install the chicanes and “STOP” signs in Kings Crossing subdivision.

ATTACHMENT:

1. Approved Kings Crossing Traffic Calming Plan dated February, 2012 2. BOS Resolution

ATTACHMENT 2

RESOLUTION

WHEREAS, the Virginia Department of Transportation adopted a traffic calming policy in June, 2001 to provide communities a traffic management tool to specifically deal with speeding, and

WHEREAS, the Commonwealth Transportation Board Policy allows installation and maintenance of traffic calming measures funded by local government, and

WHEREAS, the residents of Kings Crossing subdivision are concerned about speeding on their neighborhood streets and have requested installation of traffic calming measures, and

WHEREAS, the County of Loudoun has determined that the roadways requested for traffic calming meet the definition of a local residential, collector or minor arterial highway and have documented speeding issues thereon, and

WHEREAS, the Kings Crossing subdivision has reviewed and approved the King Crossing Traffic Calming Plan, and

NOW, THEREFORE, BE IT RESOLVED that the Loudoun County Board of Supervisors does hereby request that the Virginia Department of Transportation permit installation of chicanes in the Kings Crossing subdivision.

Date of Meeting: July 3, 2012

j. SECONDARY ROAD ADDITION: FIVE OAKS

Staff Contact: Building and Development: Rick Karle

BACKGROUND:

Streets being added to the State Secondary System for maintenance are a routine matter unless some unusual problems arise. In this case, Amin Court, is ready to be accepted into the secondary system in the customary manner.

DRAFT MOTION:

I move that the Board of Supervisors adopt the attached resolution.

ATTACHMENTS:

Draft resolution VDOT form AM 4.3 Sketch of streets to be accepted

cc: Bond Committee B&D Reading File A:\VDOT&miles accept\bospack\FiveOaks

The Board of Supervisors of Loudoun County, in a regular meeting on the 3nd day of July, 2012, adopted the following:

RESOLUTION

WHEREAS, the streets described in the attached Additions Form AM-4.3 for Five Oaks and fully incorporated herein by reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Loudoun County, and

WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and

WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on May 19, 1993, and was recorded in Deed Book 1233 page 804 for comprehensive storm water detention which applies to this request for addition, and

NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation add the street(s) described in the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to section 33.1-229 of the Code of Virginia, and the Department's Subdivision Street Requirements, and

BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation.

Recorded Vote A Copy Teste:

Moved By: ______

Second By: ______(NAME) (TITLE)

Yeas: ______

Nays ___

Date of Meeting: July 3, 2012

k. SECONDARY ROAD ADDITION: VDOT Route 50 Project - 0050-053-119, C-501

STAFF CONTACT:

Building and Development: Rick Karle

BACKGROUND:

Streets being added to the State Secondary System for maintenance are a routine matter unless some unusual problems arise. In this case, Howsers Branch Drive is ready to be added in a routine manner.

DRAFT MOTION:

I move that the Board of Supervisors adopt the attached resolution.

ATTACHMENTS:

Draft resolution VDOT form AM 4.3 Sketch of streets to be accepted

cc: Bond Committee B&D Reading File A:\VDOT&miles accept\bospack\VDOT Project 0050-053-119, C-501

The Board of Supervisors of Loudoun County, in a regular meeting on the 3rd day of July, 2012, adopted the following:

RESOLUTION

WHEREAS, the streets described in the attached Additions Form AM-4.3 for VDOT Route 50 Project – 0050-053-119, C-501 and fully incorporated herein by reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Loudoun County, and

BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation.

Recorded Vote A Copy Teste:

Moved By: ______

Second By: ______(NAME) (TITLE)

Yeas: ______

Nays ___

M I N U T E S

LOUDOUN COUNTY BOARD OF SUPERVISORS

APRIL 3, 2012

At a public input and general business meeting of the Board of Supervisors of Loudoun County, Virginia, held at the County Government Center in the Board of Supervisors' Meeting Room, 1 Harrison Street, S.E., Leesburg, Virginia on Tuesday, April 3, 2012 at 5:00 p.m.

PRESENT: Scott K. York, Chairman Janet Clarke, Vice Chairman Ralph Buona Eugene Delgaudio Geary Higgins Matthew Letourneau Ken Reid Suzanne Volpe Shawn Williams

IN RE: CALL TO ORDER

Chairman York called the business meeting to order.

Supervisor Williams led the invocation and the Pledge of Allegiance.

IN RE: ADOPTION OF CONSENT AGENDA

Supervisor Buona moved that the Board of Supervisors approve the following items by consent: #5A, #6, #7, #8, #9, #10,#11,#12, #13, #14, #17, and #20. Seconded by Supervisor Reid. The motion passed 9-0.

The following twelve (12) items were approved by consent:

IN RE: (5) APPOINTMENTS FOR APRIL 3, 2012

A. Confirmations

Supervisor Buona moved that the Board of Supervisors approve the following confirmations. Seconded by Supervisor Reid. The motion passed MINUTES PUBLIC INPUT & GENERAL BUSINESS MEETING APRIL 3, 2012 PAGE

9-0.

Transportation Safety Commission Richard Zietz as the Chairman at-large representative

Community Policy Management Team Julie Grandfield as the Board Designee

IN RE: (6)RESOLUTION OF APPRECIATION FOR DEPARTMENT OF ANIMAL SERVICE VOLUNTEER, CARRIE REILLY-GREINER

(This item was initiated by Supervisor Higgins.)

Supervisor Buona moved that the Board of Supervisors approve this Resolution of Appreciation for Carrie Reilly-Greiner, Department of Animal Services Volunteer in recognition of her outstanding support to the care and welfare of the animals in Loudoun County.(Attached at the conclusion of these Minutes.) Seconded by Supervisor Reid. The motion passed 9-0.

The Board presented the Resolution of Appreciation to Department of Animal Service Volunteer Carrie Reilly-Greiner.

IN RE: (7)PROCLAMATION FOR THE LOUDOUN COUNTY DAY OF PRAYER FOR MAY 3, 2012

(This item was initiated by Chairman York)

Supervisor Buona moved that the Board of Supervisors proclaim that Thursday, May 3, 2012 be the official County Day of Prayer and call this observance to the attention of all Loudoun County citizens. (Attached at the conclusion of these Minutes.) Seconded by Supervisor Reid. The motion passed 9-0.

IN RE: (8) PROCLAMATION FOR NATIONAL DONATE LIFE MONTH

(This item was initiated by Chairman York)

Supervisor Buona moved that the Board of Supervisors designate April 2012 as Donate Life Month in Loudoun County. (Attached at the conclusion of these Minutes.) Seconded by Supervisor Reid. The motion passed 9-0.

MINUTES PUBLIC INPUT & GENERAL BUSINESS MEETING APRIL 3, 2012 PAGE

The Board presented the Proclamation for National Donate Life Month to Pat Ivey, who spoke regarding the loss of his daughter, Erin, in a 2008 accident. He discussed the lives saved by Erin’s organ donation, explaining that one person received the gift of sight and others received tissue donations. He stated the importance of organ donors and encouraged everyone to consider organ donor designation for their families.

IN RE: (9)RESOLUTION OF COMMENDATION FOR INOVA LOUDOUN HOSPITAL’S 100-YEAR ANNIVERSARY

(This item was initiated by Chairman York)

Supervisor Buona moved that the Board of Supervisors approve the Resolution of Commendation, Celebrating INOVA Loudoun Hospital’s 100-Year Anniversary. (Attached at the conclusion of these Minutes.) Seconded by Supervisor Reid. The motion passed 9-0.

The Board presented the Resolution of Commendation for INOVA Loudoun’s Hospital’s 100-Year Anniversary to Pat Walters, Interim CEO of INOVA Loudoun Hospital.

IN RE: (10)PROCLAMATION DECLARING APRIL 2-8, 2012 AS “PUBLIC HEALTH WEEK”

(This item was initiated by Vice Chairman Clarke.)

Supervisor Buona moved that the Board of Supervisors approve the Resolution and Proclamation for Public Health Week in Loudoun County. (Attached at the conclusion of these Minutes.) Seconded by Supervisor Reid. The motion passed 9-0.

IN RE: (11)PROCLAMATION FOR NATIONAL CONTRACT MANAGEMENT WEEK

(This item was initiated by Supervisor Buona.)

Supervisor Buona moved that the Board of Supervisors approve this Resolution of Proclamation that July 29-August 4, 2012 be Contract Management Week in Loudoun County. (Attached at the conclusion of these Minutes.) Seconded by Supervisor Reid. The motion passed 9-0.

IN RE: (12)RESOLUTION OF RECOGNITION FOR STATE CHAMPIONSHIP HIGH SCHOOL WRESTLER DAQUANTE TIMBERS

MINUTES PUBLIC INPUT & GENERAL BUSINESS MEETING APRIL 3, 2012 PAGE

(This item was initiated by Chairman York)

Supervisor Buona moved that the Board of Supervisors approve a Resolution of Recognition for DaQuante Timbers, the 2012 AAA 285-pound Champion for the State of Virginia, and the first ever Wrestling State Champion in the history of Freedom High School. This resolution recognizes him for all of his hard work, dedication to his sport and for so honorably representing Freedom High school.

The Board of Supervisors wished DaQuante the best as he finished up his senior year and for the future. (Attached at the conclusion of these Minutes.) Seconded by Supervisor Reid. The motion passed 9-0.

IN RE: (13)RESOLUTION OF RECOGNITION FOR STATE CHAMPIONSHIP HIGH SCHOOL WRESTLER BATCHKA ZULKHUU

(This item was initiated by Chairman York)

Supervisor Buona moved that the Board of Supervisors approve a Resolution of Recognition for Batchka Zulkhuu, the 2012 AA 152- pound Champion for the State of Virginia. This resolution recognizes him for all of his hard work, dedication to his sport and for so honorably representing Potomac Falls High School.

The Board of Supervisors wished Batchka the best as he finished up his senior year and for the future.(Attached at the conclusion of these Minutes.) Seconded by Supervisor Reid. The motion passed 9-0.

The Board presented the Resolution of Recognition for State Championship High School Wrestler to Batchka Zulkhuu.

IN RE: (14)ADMINISTRATIVE ITEMS REPORT OF APRIL 3, 2012

Supervisor Buona moved that the Board of Supervisors approve the Administrative Items Report of April 3, 2012. (Attached at the conclusion of the Minutes.) Seconded by Supervisor Reid. The motion passed 9-0.

a. Budget Adjustments

The Board of Supervisors moved to: (1) approve the following FY 2012 budget adjustments as set out in the

MINUTES PUBLIC INPUT & GENERAL BUSINESS MEETING APRIL 3, 2012 PAGE

April 3, 2012 Administrative Items Report: BA- 122670, BA-122798, BA-122843, BA-122913, and BA-122924; (2) recognize an increase in revenue in the amount of $50,494 in the General Fund for FY 2012, and (3) make an increase in FY 2012 appropriations of $82,281 in the General Fund.

b. Board of Supervisors Minutes

The Board of Supervisors moved to approve the January 17, 2012 Business Meeting Minutes and the February 25, 2012 Budget Public Hearing. The Transportation and Land Use Committee Summary of March 16, 2012 was included the Board’s packet.

c. Deeds for Approval

The Board of Supervisors moved to approve the following deeds as presented:

ESMT 2009-0044/Westerly Parcel E, Route7 Safety Improvement Project; ESMT 2012-0001/Route 7 Traffic Flow Improvements; N/A/Moorefield Station Public Use Site [see Special Exception plat (SPEX 2010-0016); ESMT 2011-0051/Davison-Storm Drain; SBRD-2011-0033/Meadows Phase A; and ESMT-2011-0045/Kincora Lot 1A & 3A.

d. Request for Traffic Signal Funding at the Intersection of Northstar Boulevard and Ryan Road

The Board move to approve BA122692 authorizing the transfer of $170,000 from the Traffic Signal Contingency Fund within the Gas Tax Fund for the purposes of installing a traffic signal at the intersection of Northstar Boulevard and Ryan Road.

e. Request to Transfer funding for a New Traffic Signal at the Intersection of Loudoun Center Place and Sycolin Road

The Board moved to approve BA122521 authorizing the transfer of $30,000.00 from the Traffic Signal Contingency Fund within the Gas Tax Fund for the

MINUTES PUBLIC INPUT & GENERAL BUSINESS MEETING APRIL 3, 2012 PAGE

purposes of conducting a traffic signal warrant study at the intersection of Loudoun Center Place and Sycolin Road.

f. Request to Transfer Funding to Update a Traffic Signal Warrant Study for the Intersection of Gloucester Parkway and Marblehead Drive

The Board moved to approve BA122671 authorizing the transfer of $12,000.00 from the Traffic Signal Contingency Fund within the Gas Tax Fund for the purposes of conducting an updated traffic signal warrant study at the intersection Gloucester Parkway and Marblehead Drive.

g. Request for Traffic Calming Measures in the Neighborhood of Silcott Meadows

The Board moved to request VDOT to install “$200 Additional Fine for Speeding” and “Watch for Children” signs along Silcott Meadow Place.

h. Request for Traffic Calming Measures–Village of Waxpool

The Board moved to request VDOT to install “$200 Additional Fine for Speeding” and “Watch for Children” signs along Trappe Rock Court, Red Shale Court, and Cochrans Lock Drive.

i. Request to Transfer Funding to Update a Traffic Data Collection Study for the Riverside Parkway Project

The Board moved to approve BA122843 authorizing the transfer of $2,500.00 from the Traffic Signal Contingency Fund within the Gas Tax Fund at Riverside Parkway.

j. Timeline Extension for CMPT 2010-0013 Loudoun County Public Schools Bus Parking lot (at Lovettsville Fire and Rescue Station) The Board moved to approve a timeline extension to March 24, 2013 for Planning Commission action on CMPT- 2010-0013, LCPS Bus Parking Lot.

MINUTES PUBLIC INPUT & GENERAL BUSINESS MEETING APRIL 3, 2012 PAGE

k. Recommendation of Dwight Stonerook to the Affordable Dwelling Unit Advisory Board (ADUAB) as the Town of Leesburg Representative

The Board moved to recognize Dwight Stonerook as the Town of Leesburg representative on ADUAB.

l. Suspension of Review and Withdrawal of CMPT 2010-0006 and SPEX 2010-0011/Franklin Park – Park and Ride Lot

The Board moved to ratify the denial of CMPT 2010-0006/ Franklin Park–Park and Ride.

The Board further moved to suspend review and withdraw SPEX 2010-0011/Franklin Park–Park and Ride Lot.

IN RE: (15)LEGISLATIVE REPORT 2012

This item was for information only. There were no updates on the Legislative Report.

IN RE: (17)RESOLUTION APPROVING ISSUANCE OF CTB TRANSPORTATION CONTRACT REVENUE BONDS AND REQUEST THAT FAIRFAX COUNTY ISSUE EDA CONTRACT REVENUE REFUNDING BONDS/ROUTE 28 PROJECT

Supervisor Buona moved that the Board of Supervisors adopt the Resolution entitled, “RESOLUTION APPROVING THE ISSUANCE OF COMMONWEALTH TRANSPORTATION BOARD TRANSPORTATION CONTRACT REVENUE REFUNDING BONDS (ROUTE 28 PROJECT); REQUESTING THAT THE FAIRFAX COUNTY ECONOMIC DEVELOPMENT AUTHORITY ISSUE ITS TRANSPORTATION CONTRACT REVENUE REFUNDING BONDS (ROUTE 28 PROJECT) SERIES 2012, APPROVING THE FORM OF A SUPPLEMENTAL TRUST AGREEMENT BETWEEN THE FAIRFAX COUNTY ECONOMIC DEVELOPMENT AUTHORITY AND A TRUSTEE, AN AMENDED AND RESTATED DISTRICT CONTRACT BY AND AMONG THE COMMONWEALTH TRANSPORTATION BOARD, THE FAIRFAX COUNTY ECONOMIC DEVELOPMENT AUTHORITY AND THE STATE ROUTE 28 HIGHWAY TRANSPORTATION IMPROVEMENT DISTRICT COMMISSION, APPROVING FORM AND EXECUTION OF AN AMENDED AND RESTATED FISCAL AGENT AGREEMENT BETWEEN THE COUNTY, FAIRFAX COUNTY AND A FISCAL AGENT, A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT RELATING TO THE SERIES 2012 BONDS, AND A NOTICE CALLING FOR BIDS TO PURCHASE THE SERIES 2012 BONDS; CONFERRING AUTHORITY TO EXECUTE AND DELIVER SUCH DOCUMENTS AND AGREEMENTS RELATING TO SUCH TRANSACTIONS AS MAY BE NECESSARY OR REQUIRED;

MINUTES PUBLIC INPUT & GENERAL BUSINESS MEETING APRIL 3, 2012 PAGE

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,” as shown on Attachment 1. (Attached at the conclusion of these Minutes.) Seconded by Supervisor Reid. The motion passed 9-0.

IN RE: (20)BOARD MEMBER INITIATIVE: WAYFINDING PROGRAM REVIEW

(This item was initiated by Supervisors Letourneau and Reid.)

Supervisor Buona moved that the Board of Supervisors direct staff to temporarily suspend all work on the Wayfinding Sign Program.

Supervisor Buona further moved that the Board of Supervisors send the Wayfinding Sign Program to the Economic Development Committee for review. Seconded by Supervisor Reid. The motion passed 9-0.

IN RE: (1)NORTH/SOUTH CORRIDOR UPDATE/DEPUTY SECRETARY OF TRANSPORTATION DAVID TYERYAR

David Tyeryar, Deputy Secretary of Transportation, provided the Board an update on the Corridors of Statewide Significance – the North/South Corridor. Secretary Tyeryar said that the assessment would consider all modes of transportation to include multimodal transportation improvements and would preserve the function of the Corridor through a Master Planning (CMP) Process. He explained that the Commonwealth Transportation Board Resolution would include multimodal north-south links between Loudoun and Prince William Counties; incorporate data from numerous studies undertaken; establish a participatory process for study, examine improvements north of the northern terminus of the CTB preferred Tri-County alternative (Bi-County Parkway), address connectivity to Dulles International Airport and multimodal aspects of counties’ comprehensive plans and accept the Corridor of Master Planning process. He clarified that the North South Corridor would improve north-south access to Dulles International Airport, enhance an international economic engine, investment and jobs, address connectivity in the nation’s worst congested region, examine multi-modal options and was supported by twelve (12) Northern Virginia members of the General Assembly. He noted that this was not the Outer Beltway. He explained the Corridor Master Planning Process was estimated to take approximately nine

MINUTES PUBLIC INPUT & GENERAL BUSINESS MEETING APRIL 3, 2012 PAGE months. (This North/South powerpoint presentation can be viewed at: http://valoudouncounty.civicplus.com/DocumentCenter/Home/Index/8 631

Chairman York moved that the Board of Supervisors forward the North/South Corridor discussion to the Transportation and Land Use Committee. Seconded by Supervisor Buona. The motion passed 9-0.

IN RE: (2)INFORMATION REPORT/PUBLIC SAFETY SIGNIFICANT INCIDENT REPORT/BRIEFING BY SHERIFF CHAPMAN

Lt. Col. Harmison provided the Board with the Public Safety Significant Incident Report on the Sheriff’s behalf and noted that the Significant Incident Report covered January-February. He discussed the robbery in Sterling where a gentleman robbed the Rite Aid and was arrested. He noted that there was an ongoing investigation for a Hispanic male in the Ashburn Shopping Plaza and the Sheriff’s Office was following up on suspects. He commented on an incident involving plastic pipe bombs and noted that there were several suspects. He added that over the weekend, there had been soda-type bombs that had been placed in sewers and their office had several suspects for this crime. He said there had been a gang assault in Ashburn Meadow Mews Apartments which was an isolated gang related incident. He also mentioned that the Sheriff’s Office had made an arrest from a 2005 case where an infant had been killed. He described several vehicle fatalities in the County and one involved a deer which flew into the windshield of another vehicle. He briefly commented on the two crash locations of Route 28/Ox Road and Route 7/Belmont which continued to lead the County in crashes. He added that 93 illegal aliens had been turned over to ICE and were currently holding 53 in custody in ICE detainees. He updated the Board regarding the Sheriff’s Office contacting the Lerner Corporation at Dulles Town Center Mall and had a May meeting scheduled to work out an agreement regarding mall coverage. He noted that the Persian New Year Celebration had been moved to Fairfax County which had approximately 11,000 people in attendance.

Board Comments:

Supervisor Volpe thanked Chairman York’s office and his aides, Emergency Management and Fire and Rescue staff and all others

MINUTES PUBLIC INPUT & GENERAL BUSINESS MEETING APRIL 3, 2012 PAGE who were involved in the Persian New Year scheduling. She also thanked the Northern Virginia Regional Park Authority for pleading the case that Algonkian Regional Park was too small to hold such a large event. She added that she had been advised that everyone had a wonderful time at Bull Run Regional Park.

Supervisor Reid commented that the crash report did not include the intersections in Leesburg at East Market Street and Battlefield Parkway, which had 61 crashes last year and 19 crashes this year. He added that Edwards’ Ferry Road and the Bypass had 54 crashes for last year and nine (9) for this year and Sycolin Road had 18 crashes this year. He hoped that the Transportation and Land Use Committee would recognize the fact that if the Leesburg intersections were included, the numbers would be off the charts.

Lt. Col. Harmison noted that the Leesburg Police Department responded to the Town of Leesburg crashes.

IN RE: (3)BRIEFING ITEM: LAND DEVELOPMENT APPLICATIONS APRIL 10, 2012 PUBLIC HEARING

John Merrithew, Department of Planning, provided the Board with a briefing on Land Development Applications for the April 10, 2012 Public Hearing. He said there were four (4) land use applications and two (2) Board-Initiated items for the public hearing. He noted that Sterling Park Business Center and Heritage Baptist Church had no public input on either application and that the Planning Commission and staff were recommending approval. He said the Heritage Baptist Church application had no issues. He added that the One Loudoun Gas Station was a proposal for a gas station/car wash complex at the center of the One Loudoun property at the Russell Branch Parkway intersection and there had been no public input. He said that the Conditions of Approval were changed to add landscaping and a disclosure requirement and that the Planning Commission and staff had recommended approval. He briefly discussed the Willowsford Grant Monopole application and stated that the landowner was the applicant rather than a service provider. He commented on some of the issues regarding the propagation studies, service area studies and the applicant could not fulfill some of the information requirements. He said the Planning Commission had recommended approval and there had been no public comment. He discussed the Board Initiated Plan amendment to change the configuration of Route 659 and Northstar

MINUTES PUBLIC INPUT & GENERAL BUSINESS MEETING APRIL 3, 2012 PAGE

Boulevard and noted that the Planning Commission Public Hearing was held March 28, 2012 and there were five speakers, two of whom were opposed to the change in the ultimate right-of-way of the roads, two speakers were in support of the application and one speaker had concerns. He said the final zoning ordinance amendment to allow indoor recreation and health and fitness as by right uses in the PDGI district received no public comment and after significant discussion on how to allow retail and recreational uses in a heavy industrial area and how to protect the integrity of the Route 606 corridor as an industrial corridor. This item would be discussed and the Planning Commission would be recommending performance standards as a possible additional control on those type of uses.

Chairman York announced that Item #8/CPAM 2012-0001-Northstar Boulevard/Belmont Ridge Road would be moved to Item #1 for the April 10th Public Hearing agenda.

IN RE: (4) PAT WALTERS, INTERIM CEO OF INOVA LOUDOUN HOSPITAL - PRESENTATION AND OVERVIEW OF 2011

Pat Walters, Interim CEO of INOVA Loudoun Hospital, updated the Board on INOVA Loudoun Hospital. He said that Loudoun Hospital had served Loudoun since 1912 and was a not-for-profit community hospital. He noted that there were 1,593 employees and 659 physicians with 183 acute care beds (161 Lansdowne and 22 Cornwall) and the Lansdowne Campus included a comprehensive acute care center. He said that the Cornwall Campus had a 100- bed long-term care facility, an emergency room, diagnostic imaging, and a Behavior Medicine (LAMPS) unit. He discussed the 2011 statistics for the hospital and the benefits that the hospital offered to the community. He commented briefly on the Leesburg Campus redevelopment and the Cornwall Campus timelines.

Mr. Walters introduced Lisa Dugan, Chief Nurse Executive. She presented information regarding INOVA Loudoun Hospital receiving the prestigious Magnet designation, the ICU and Telemetry AACN Beacon Award for critical care excellence, ARC-ASTRO award for radiation oncology, Care Award for the International Board of Lactation Consultant Examiners and full accreditation with commendation by the Commission on Cancer, was named the 2011 Top Performing Hospital in the premier national Quest collaborative; and INOVA Nursing and Rehabilitation Center 5-Star Rating for Excellence in CMS. She also commented that the Antenatal Testing for High Risk Mothers would be opening in April 2012.

MINUTES PUBLIC INPUT & GENERAL BUSINESS MEETING APRIL 3, 2012 PAGE

She said the hospital would also feature MAKOplasty for knee replacement and also offered a Head2Head Concussion Management program for treatment for children and adults with concussions.(To view the INOVA Loudoun Hospital Powerpoint presentation go to: http://valoudouncounty.civicplus.com/DocumentCenter/Home/Index/8 631

IN RE: (5) APPOINTMENTS FOR APRIL 3, 2012 (CONTINUED)

Nominations

Communications Commission

Supervisor Letourneau moved that the Board of Supervisors suspend the rules. Seconded by Supervisor Williams. The motion passed 7-0-2, Supervisors Buona and Volpe absent for the vote.

Supervisor Letourneau moved to nominate and confirm James Botteicher. Seconded by Supervisor Williams. The motion passed 8-0-1, Supervisor Volpe absent for the vote.

Disabilities Services Board

Supervisor Williams nominated Ron Czerniec for the at- large position of the Disabilities Services Board.

Lyme Disease Commission

Supervisor Reid nominated Lisa Strucko of Leesburg Pharmacy to the Lyme Disease Commission.

Supervisor Reid and Vice Chairman Clarke encourged Board members to nominate individuals from Loudoun County to the Lyme Disease Commission.

IN RE: (16)ADOPTION OF THE FY2013 TAX RATES, OPERATING AND CAPITAL BUDGET,AND APPROPRIATIONS RESOLUTION

DISCLOSURE:

Supervisor Reid disclosed that his wife was a salaried employee of the County of Loudoun, Department of Parks, Recreation and

MINUTES PUBLIC INPUT & GENERAL BUSINESS MEETING APRIL 3, 2012 PAGE

Community Services. Furthermore, he hereby declared that he would be able to participate in the Adoption of the FY13 County Budget and Appropriations fairly, objectively, and in the public interest and had signed the appropriate disclosure form for the public record.

Chairman York moved that the Board of Supervisors adopt the FY 2013 Fiscal Plan, as presented by the County Administrator on February 7, 2012, and amended by the Board of Supervisors at the March 1, 5, 8, 12, 14, 15, 21 and 26, 2012, budget work sessions, a summary of which was included as Attachment A-1. (Attached at the conclusion of these Minutes.) Seconded by Supervisor Reid.

Chairman York amended the motion that the Board of Supervisors approve funding for (1)FTE for the Urban Horticulturist program at $88,377. Seconded by Vice Chairman Clarke. The motion FAILED 4-5, Supervisors Buona, Delgaudio, Letourneau, Volpe and Williams voted no.

[Supervisor Reid withdrew his motion to restore the Urban Horticulturist Position, pending the receipt of $22,000 in private donations by May 1, 2012, so that the position can be filled for three months and if no such donations are presented to the County by May 1, 2012, the position will be eliminated June 30, 2012. Seconded by Supervisor Higgins.]

Supervisor Reid amended the motion that the Board of Supervisors restore the existing Energy Manager Position (1) FTE in the Department of Solid Waste Management’s Countywide Energy Program for a cost of $130,740. Seconded by Supervisor Buona.

Supervisor Reid accepted Chairman York’s friendly amendment that the Joint School Board and Board of Supervisors’ Committee discuss the energy management issue with the schools.

Supervisor Reid’s motion, as amended, passed 6-3, Supervisors Delgaudio, Volpe and Williams voted no.

Voting on Chairman York’s main motion, as amended, passed 7-2, Supervisors Delgaudio and Volpe voted no.

Chairman York further moved that the Board of Supervisors approve the tax rates as displayed in Attachment B-1, as amended on April 3, 2012. (Attached at the conclusion of these Minutes)

MINUTES PUBLIC INPUT & GENERAL BUSINESS MEETING APRIL 3, 2012 PAGE

Seconded by Supervisor Letourneau. The motion passed 6-3, Supervisors Delgaudio, Reid and Volpe voted no.

Chairman York further moved that the Board of Supervisors adopt the FY 2013 Appropriations Resolution as found in Attachment C- 1, as amended on April 3, 2012. (Attached at the conclusion of these Minutes.) Seconded by Supervisor Williams. The motion passed 7-2, Supervisors Delgaudio and Volpe voted no.

Chairman York further moved that the Board of Supervisors adopt the FY 2013-2018 Capital Improvement Program, as amended by the Board of Supervisors at the March 21st and 26th budget work sessions, found in Attachment D-1. (Attached at the conclusion of these Minutes.) Seconded by Supervisor Buona.

Supervisor Higgins amended the motion to move the Lovettsville Park from FY2015 to FY2014. Seconded by Vice Chairman Clarke.

Supervisor Higgins accepted Supervisor Buona’s friendly amendment to reduce the price of the Lovettsville Park in the CIP to $9 million dollars and that be the limit on the bond referendum.

Voting on Supervisor Higgins’ friendly amendment, as amended by Supervisor Buona, passed 7-2, Supervisors Delgaudio and Volpe voted no.

Voting on Chairman York’s motion, as amended, passed 7-2 Supervisors Delgaudio and Volpe voted no.

Board Requests:

Chairman York asked that the County Administrator work with the schools to schedule a meeting of the Board of Supervisors and Schools to discuss ES-21.

IN RE: (18)RESOLUTION OF INTENT TO AMEND ARTICLES II, IV, V, AND VIII OF THE REVISED 1993 ZONING ORDINANCE FOR THE PURPOSE OF REMOVING SPECIAL EXCEPTION PERMIT REQUIREMENT FOR LARGE RETAIL SALES ESTABLISHMENTS, FOOD STORES, PHARMACIES AND CONSTRUCTION RETAIL ESTABLISHMENTS

Chairman York moved that the Board of Supervisors adopt the “Resolution of Intent to Amend Articles II, IV, V, AND VIII of

MINUTES PUBLIC INPUT & GENERAL BUSINESS MEETING APRIL 3, 2012 PAGE the Revised 1993 Zoning Ordinance, for the Purpose of Removing Special Exception Permit Requirement for Large Retail Sales Establishments, Food Stores, Pharmacies, and Construction Retail Establishments,” included as Attachment 1 and dated April 3, 2012. (Attached at the conclusion of these Minutes. Seconded by Supervisor Letourneau. The motion passed 9-0.

IN RE: (19)TRANSPORTATION AND LAND USE COMMITTEE REPORT: USE OF EMINENT DOMAIN FOR ACQUISITION OF ROAD FRONTAGE ON WHICH TO IMPROVE WAXPOOL ROAD (BROAD RUN DISTRICT)

Supervisor Williams moved that the Board of Supervisors accept the recommendation of the Transportation and Land Use Committee and that a public hearing be advertised for the purpose of considering an ordinance authorizing the use of eminent domain to acquire a portion of the property designated as MCPI 119-30- 0343 and MCPI 119-30-2540, owned by Unit Owners Association of Parkside at Ashburn, a Condominium. Said acquisition shall be for the public purpose of road development of Waxpool Road (Route 625). Seconded by Supervisor Volpe. The motion passed 9-0.

IN RE: PUBLIC INPUT

Chairman York announced that each speaker would receive up to two (2) minutes for tonight’s public comment.

Donald Valentine, a 3-year resident of Leesburg and former property and casualty insurance agent for the railroad business, questioned the benefits of the Dulles Rail Project. He asked the Board to look carefully at the information available, particularly the toll road. He questioned how the County became part of the toll road when other jurisdictions had an unimpeded interstate or highway going into Washington, D.C. He urged the Board to vote against Dulles Rail and to use the funds to purchase the toll road.

Gary Nicely of Sterling explained how short grass created more CO2 and more CO2 attracted mosquitoes and ticks. He added long grass had more CO2 consumption, more oxygen production and longer roots. He stated longer grass also provided for cooler environs, better water filtration and retention. He resented the irresponsible development of the Limestone Karst Area made possible through the decisions of Supervisors York, Delgaudio and Reid. He explained customers of Loudoun Water had to pay

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$10 million over the next ten years for a water filtration system that also included a $418 thousand yearly maintenance fee.

Jonathan Weintraub stated his support of the Master Gardeners’ program and noted that he had been following the Government Reform Commission reports. He stated it appeared the Board wanted to eliminate all non-mandated programs and that the Board would like to outsource everything possible. He quoted Tom Julia, Don Walker and Bob Gordon pertaining to the Master Gardeners’ program and outsourcing.

Sandy Sullivan, President of Loudoun Education Association (LEA), spoke on behalf of school employees. She opposed the reduction in school funding stating it was unclear how much the classroom and students would be impacted. She explained the School Boards budget cut positions like librarians and library assistants. She stated those cuts would impact the students’ education. She urged the Board to add funds to the Loudoun County Public School’s (LCPS) budget.

Bob Zoldos, Vice Mayor of Lovettsville, supported the acceleration of funding for Lovettsville Park. He stated Lovettsville engaged in a public-private partnership to help pay for the park and that it was now owned by the County. He added the park would help share the load throughout the County. For example, overcrowding at Sterling would move to Ashburn, overcrowding at Ashburn would move to Leesburg, overcrowding at Leesburg would move to Lovettsville. He thanked Supervisor Higgins for his support on this project.

Tony Noerpel of the Catoctin District urged the Board to retain the Energy Manager position. He commented on cutting energy costs assisted in cutting taxes and that the Green Business Challenge had been a success. He added Loudoun had received Statewide and National recognition for the efforts of the Energy Manager. He invited everyone to the annual Energy and Environmental Sustainability Awards at the Loudoun County High School Science and Engineering Fair on April 25th from 5:00 to 7:00 p.m.

Alta Jones, President of Loudoun Master Gardeners, urged the Board to retain funding for the Urban Horticulturist position. She stated the Master Gardeners were losing expertise and volunteer resources at a time when their demand was escalating. She acknowledged the Board’s request to find private funding,

MINUTES PUBLIC INPUT & GENERAL BUSINESS MEETING APRIL 3, 2012 PAGE but stated 90 days was not enough time. She added the Master Gardeners were educators and they were willing to go beyond their current programs like offering to help educate the public on Lyme’s disease.

Will Stewart, a Loudoun resident, stated his support of the Energy Manager position. He stated the program had won the praise of Governor McDonnell and had realized millions of dollars in energy cost savings in the last four years. He added the program reduced Loudoun’s tax burden. He urged the Board to drop the unfilled position in the department and retain the County Energy Manager. He also supported the Master Gardener’s position for its volunteer coordination and the hundreds of pounds of produce it provided to local charities. He added that seventy-two other counties and cities had Master Gardeners on staff. He ended by saying these forward thinking positions convinced high tech companies that Loudoun was an attractive place to relocate.

Suzanne Rupp represented Western Loudoun Girls’ Softball and encouraged the Board to move forward with the opening of Lovettsville Park. She stated opening the park would facilitate game scheduling and added the park was also very important to the children.

Rick Wingrove, a Leesburg resident, stated his opposition to opening the public business meetings with prayer. He stated when government introduced Christian prayer into a secular venue, then it was actively and purposefully endorsing Christianity. He stated this was the opposite of the Constitutional mandate for government to remain scrupulously neutral on matters of religion. He cited Matthew 6:5 and felt the opening prayer was politically motivated to send a message that Christianity had special access. He respectfully asked the Board of Supervisors to take care of their religious needs in a way that did not include citizens against their will.

John Rodal, a representative for Upper Loudoun Little League, supported the acceleration of funding for the Lovettsville Park. He stated his challenge was to find enough fields for their teams to practice. He added he worked with other townships to locate fields but stated travel time was an issue. He urged the Board to support Lovettsville Park.

James Kelly, a Master Gardener, stated the Loudoun Design

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Excellence Program had selected the Master Gardener’s Demonstration Garden as an Award Winner for 2012. He stated the award was made in the name of Loudoun Virginia Economic Development and this award was to be formally presented to the Master Gardeners by the Board of Supervisors. He felt it ironic that the Board was going to adopt a budget that would effectively eliminate the Master Gardeners because it was not a core government function, yet economic development was a core government function. He stated these gardens would encourage businesses to relocate here because of the County’s style and distinction.

Ed Gorski of the Piedmont Environmental Council stated the Commonwealth Transportation Board (CTB) approved a potential north-south highway between Routes 28 and 15 and the I-95 corridor. He added highways along these roads had been called the Outer Beltway or the Western Transportation Corridor. He stated the Piedmont Environmental Council’s concerns were: the lack of justification for this proposed highway from the state transportation staff or CTB; there were no resources to implement the proposal or to maintain the infrastructure once the highway was constructed; the residents and County officials had been bypassed.

Stewart Schwartz, Executive Director for the Coalition for Smarter Growth, stated the Outer Beltway would have significant impact on numerous communities. He added County traffic studies revealed east-west corridors such as Route 7, Waxpool and Route 50 required improvement and not north-south corridors. He stated Maryland’s Secretary of Transportation was opposed to a Potomac River crossing. He added if Dulles Airport were to become a freight airport then the proposed highway would become a truck access road. He urged the Board to carefully envision the future of Loudoun County.

Tim Sparbanie, a Lovettsville resident, advocated for the acceleration of funding for Lovettsville Park. He explained building the park would encourage visitors and added the additional revenue would help the County’s tax base. He stated Lovettsville had the potential for 200,000 square feet of commercial space and that developers were waiting on increased traffic flow.

Lydia Rice of Sterling stated the secular constitution required that there be no prayer in government. She added that the

MINUTES PUBLIC INPUT & GENERAL BUSINESS MEETING APRIL 3, 2012 PAGE citizens elected the Board and stated that involuntary religious practice was not an American value. She stated Supervisor Delgaudio’s Public Advocate was designated as a hate group by the Southern Poverty Law Center. She urged Supervisor Delgaudio to step down if he was unwilling to represent his constituents equally and encouraged the Board to challenge Supervisor Delgaudio to uphold his oath of office.

Milton Herd, Chairman of the Board of Directors for Bluemont Concert Series, expressed his appreciation for the County’s support for the past thirty years. He explained how the County’s support helped deliver thousands of cultural and arts programs to citizens. He added that although the County had decided to suspend the relationship, he hoped it would be temporary. He added the County’s contribution leveraged private fund raising and that most of their contributions came from individual citizens and businesses.

Tom Ciolkosz, a resident of Lovettsville, supported the acceleration of funding for Lovettsville Park. He stated his family moved to Lovettsville in 2005 because of community. He added the town desperately needed a place for children to play. He encouraged the Board to support Lovettsville and their park.

Mary Terpak, a resident of Lovettsville and member of the Loudoun Horse Association, stated her support of acceleration of funding for Lovettsville Park. She explained that the Lovettsville Park Planning Committee had met for twelve years to bring their park to reality. She added that the park plan consisted of ball fields, passive recreation, trails, gardens, wetlands preservation and an equestrian area. She stated that the Loudoun Horse Association looked forward to a strong public- private partnership to provide facilities in the equestrian area. She urged the Board to move funding forward for the Lovettsville Park to FY14.

Elmer Chavez, a resident of Leesburg and a construction worker who was part of the labor union, stated his support of funding of Phase II for the Dulles Rail Project. He explained that the Dulles Rail project would bring many jobs to Loudoun County. He added that the union ensured pay and benefits for families.

Callie Fulmer, a resident of Lovettsville and serves on the Lovettsville Cub Scout Pack Committee, supported accelerated funding for Lovettsville Park. She stated her Cub Scouts

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required outdoor activities and that sometimes would drive 25-30 miles in order to take the Scouts on a hike. She added that she was also a horse trainer and had been attending the Rural Economic Development Equine Stakeholders meetings. She explained one of the sticking points at the meetings had been lack of public riding space. She urged the Board to support the underrepresented equine population.

IN RE: BOARD COMMENTS/DISCLOSURES

Supervisor Reid disclosed the following: had a meeting with Bryan Gordon with the Apartment and Building Owners’ Association and noted that its members in Fairfax and Arlington County had supported a Commercial and Industrial tax to pay for transportation and felt that if Loudoun supported rail it would put the County’s business owners who own buildings at a competitive disadvantage. He announced he would be observing Passover this Friday night. He hoped that the Board would never get rid of prayer at the public meetings and was horrified by the public comments made from the atheists. He also hoped that the Supreme Court would allow prayer in the schools. He read an article about the significance of Passover. He wished everyone a great Easter and hoped to continue prayer at the public meetings.

Supervisor Volpe disclosed the following: on March 22, 2012, met with her representative on the Commuter Bus Advisory Board; March 23rd, met with Delegate Comstock; March 23rd, met with members of the Board of Directors of the Loudoun County Chamber of Commerce; March 26th, met with representatives of Loudoun Water; March 26th, met with Linda Erbs who had some positive ideas for the Facilities Standards Manual process; March 28th, participated in the Dulles Area Association of Realtors’ Public Policy Forum; March 30th, met with representatives of the Legal Services of Northern Virginia; March 30th, met with representatives of the Volunteer Fire and Rescue Squads as well as John Sandy of County Administration, to discuss operations; March 31st, attended the INOVA Foundation Banquet at Salamander Estates; April 2nd, met with Mr. Gordon from the Apartment and Condominium Association; and April 3rd, met with Lovettsville Town Councilman, Tim Sparbanie. She wished everyone a good spring break and hoped the Easter Bunny would leave everyone lots of golden eggs and no bad presents. She commented that it was amazing what the Board had gone through the first three months and had been quite eye-opening for her. She noted that

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the Board members may not agree on everything, but believed that the Board was trying to put the County first. She said she was honored to be on the Board. She wished everyone a wonderful Easter.

Supervisor Higgins thanked Chairman York on his leadership during the budget process and the patience with the new Board members. He also thanked Tim Hemstreet, County Administrator, and his staff for their great work in getting the Board through this process. He thanked his colleagues, who voted for the advancement of the Lovettsville Park tonight and appreciated their support. He nominated some of tonight’s performance to go into the “Best of Eugene” file.

Supervisor Buona disclosed the following: on April 3, 2012, met with Tim Sparbanie regarding the Lovettsville Park. He said ditto on all the thanks to Chairman York, staff, colleagues and anyone else that had been involved in the budget process. He appreciated everyone’s hard work and explained that the Board members would not always agree, but it was a good process. He wished Supervisor Volpe a happy birthday and everyone a Happy Easter.

Vice Chairman Clarke disclosed the following: on March 21, 2012, met with Parks & Recreation staff and Joe Bane to discuss other possible park sites; March 22nd, met with Dave Levinson, John Heyner, and others to discuss a skate park initiative in Purcellville; met with INOVA consultants regarding a community health needs assessment; March 23rd, had a regular bi-weekly phone conversation with Brambleton regarding their progress; and March 28th, had a meeting with School Board Chair and Vice Chairman at Brambleton; March 30th, met with Supervisor Letourneau and David Tyeryar, Deputy Secretary of Transportation; and on March 31st, attended the INOVA Banquet at Salamander Estates. She commented that the Board did a lot of heavy lifting early in this term and would hopefully move forward throughout this year. She added that she believed that the Board would be able to level out a little and work through some issues. She noted that the Board had created a number of initiatives, put a lot of things on the plate for staff and would have to prioritize which was on the agenda for the Strategic Planning Session in June. She also thanked the Board aides for their work and also her colleagues who supported her initiatives.

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Supervisor Letourneau disclosed the following: on March 30, 2012, met with Eric Anderson and Mark Simms of Toll Brothers to discuss the status of ongoing development projects in the Dulles District, transportation improvements, and proposed ZMAP 2012- 0014; March 30th, met with Vice Chairman Clarke and Deputy Secretary Tyeryar to discuss transportation in general and specifically the Dulles Corridor. He commented that he was pleased that the County was beginning the process of looking at a north-south corridor and that he would continue to have this discussion in the community. He said the goal was to bring traffic from the south and the 95 Corridor up to Dulles Airport. He stated this was not an outer beltway because it would end at Dulles Airport. He thanked his aides, Tom Parker and Elizabeth Neuffer, who had worked very hard and preparing him for the meetings. He thanked everyone for all their hard work. He wished everyone a Happy Easter and Happy Passover.

Supervisor Williams disclosed the following: on March 16, 2012, met with Mike Lark at Merritt Properties and discussed various issues related to the commercial real estate market; March 30th, met with Peter Vanderloo, Karen Diener and Al Meese and Bud Rosenthal of AOL regarding Pacific Boulevard and other economic development issues. He echoed that this was a tough budget season, he had learned a lot, and hoped to do better during the next time. He thanked Chairman York for his patience and for working with the Board and his colleagues who were always respectful to one another. He thanked his aides, Caleb and Elizabeth, on their hard work and research.

Supervisor Delgaudio announced that the Sterling Playmakers would be presenting the play “Odd Couple” and anyone interested could visit Sterling Playmaker.com for more information. He also announced that on April 14th, there would be a garbage pick- up with the Sterling Foundation; May 17th, an open house with the sheriff; and a briefing on the sheriff’s programs which would be included in his newsletter. He thanked the Supervisors and the aides and said they were fantastic. He said that County staff was the most professional County staff in the world and he thanked them for their work. He also thanked the citizens who had filled his inbox with thousands of emails.

Chairman York disclosed the following: attended the Dulles Corridor Rail Committee meeting last week; attended a Greater Reston Chamber event with Chairman Bulova of Fairfax County, Jack Potter and Secretary of Transportation, Shaun Connoughton.

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He stated he supported Rail to Loudoun County and believed that the PLA should not be part of this project. He said it had been a pleasure to work with the Board members and thanked each one of them for their patience. He thanked his staff aides, Robin Bartok and Amanda Logan, who had served him well.

IN RE: ANNOUNCEMENT

Chairman York announced that the April 4, 2012 Business Meeting would be cancelled.

IN RE: ADJOURNED

Chairman York adjourned the Public Input and General Business Meeting.

______CHAIRMAN COUNTY ADMINISTRATOR

______DATE DATE

(These minutes include a summary of the discussions on matters proposed, deliberated or decided at this meeting. For a complete and detailed record of the discussions, please consult the audio recording of the meeting in the County Administrator’s office. In addition, a video webcast for the meeting may be available on the County’s website, www.loudoun.gov.)

Date of Meeting: July 3, 2012

BOARD OF SUPERVISORS ACTION ITEM

SUBJECT: Approval of the National Conference Center (NCC) Access Road, Parking and Easement Agreement

ELECTION DISTRICT(s): Ashburn

CRITICAL ACTION DATE: July 3, 2012

STAFF CONTACT: Lewis Rauch, Director, DCWM John Carlton, Deputy County Attorney

BACKGROUND: The Loudoun County Board of Supervisors entered into a contract with Oxford Capital Group, LLC to acquire approximately a land parcel at the National Conference Center to develop an Ashburn Area High School (HS-8).

The National Conference Center contract requires all parties to negotiate and execute an Access Road Agreement within 120 days of the end of the Due Diligence Period which defines all parties’ responsibilities for the development of the access road to serve the National Conference Center and HS-8. The Due Diligence Period ended on February 17, 2012. The deadline for executing the Access Road, Parking and Easement Agreement is July 5, 2012. The Proposed National Conference Center Access Road, Parking and Easement Agreement is a three party agreement between the Seller, Oxford Capital Group, LLC, The Loudoun County Board of Supervisors, and the Loudoun County School Board. This item provides the National Conference Center Access Road, Parking and Easement Agreement for the Board of Supervisors review and approval.

The Loudoun County School Board approved the National Conference Access Road, Parking and Easement Agreement unanimously at its June 26, 2012 meeting.

DRAFT MOTION: I move the Board of Supervisors approve the National Conference Center Access Road, Parking and Easement Agreement as approved to form by the County Attorney’s Office.

I move an alternate motion . . .

Attachments: National Conference Center Access Road, Parking and Easement Agreement as approved to form by the County Attorney’s Office

------Reserved for Recording Data------This instrument was prepared by and after recording return to:

______

ACCESS ROAD, PARKING AND EASEMENT AGREEMENT

THIS ACCESS ROAD, PARKING AND EASEMENT AGREEMENT (“Agreement”) is made as of the ___ day of ______, 2012 (the “Effective Date”) by and among WXIII/OXFORD DTC REAL ESTATE, LLC, a Delaware Limited Liability Company (“NCC Owner”), the COUNTY OF LOUDOUN, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the “County”) and the LOUDOUN COUNTY SCHOOL BOARD (the “School Board”). NCC Owner and the County are sometimes generically referred to herein singularly as an “Owner” and collectively as the “Owners.”

WITNESSETH THAT:

WHEREAS, the County is the fee owner of that certain real property as described on EXHIBIT A attached hereto and incorporated herein by reference (the “School Parcel”), and NCC Owner is the fee owner of that certain real property more particularly described on EXHIBIT B attached hereto and incorporated herein by reference (the “NCC Parcel”). Each of the School Parcel and the NCC Parcel are sometimes individually referred to as a “Parcel” without differentiation between the School Parcel or NCC Parcel, and collectively referred to as the “Parcels,” as applicable; and

WHEREAS, the County intends to lease the School Parcel to the School Board for the operation of a public high school and related amenities; and

WHEREAS, the County, as lessor, and the School Board, as lessee (together, the “School Developer”), intend to jointly develop the high school and related improvements and facilities on the School Parcel (the “High School”); and

WHEREAS, in connection with the ownership, development and operation of the School Parcel and the NCC Parcel, the parties desire to perform the covenants and grant the easements more particularly set forth in this Agreement.

NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the County, School Board and NCC Owner agree as follows:

1. Certain Definitions. The following terms as used herein shall have the following meanings:

(a) Applicable Authorities. Any state or county governmental or quasi- governmental entity or body (or any department or agency thereof) exercising jurisdiction over the Parcels or any portion thereof including, without limitation: the Lansdowne Conservancy, VDOT, the Loudoun County Department of Planning, the Loudoun County Planning Commission and the Loudoun County Board of Supervisors.

(b) Eastern Loop Road. The public access road located on the School Parcel and labeled “Segment 1 – Existing Eastern Loop Road” on the High School Plan.

(c) High School Driveway. The private access road to be constructed by School Developer pursuant to Section 2 hereof, which road is labeled “Segment 2 – Temporary Construction Access” on the High School Plan.

(d) High School Plan. The plan entitled “LCPS HS-8 NCC Site Construction Access Exhibit C” prepared by Urban Ltd. dated December 19, 2011 and last revised April 26, 2012, which plan is attached hereto as EXHIBIT C.

(e) Improvements. The Road Improvements described in Section 2 hereof, the Parking Improvements, the NCC Connector Road described in Section 3 hereof, the “way finding” signs described in Section 5(e) hereof, and the High School.

(f) Land Records. The land records of Loudoun County, Virginia.

(g) Legal Requirements. All laws, statutes, ordinances, orders, rules, regulations and requirements of Applicable Authorities, whether now or hereafter in force which relate or are applicable to the Parcels or any portion thereof.

(h) Mortgage. A mortgage or deed of trust encumbering any portion of the School Parcel or the NCC Parcel, of which the respective parties have received written notice.

(i) Mortgagee. The mortgagee or beneficiary from time to time under any Mortgage.

(j) National Conference Center. The Conference and Training Center known as the National Conference Center, located on the NCC Parcel.

(k) NCC Connector Road. The private access road to be constructed by NCC Owner pursuant to Section 3 hereof, linking the Eastern Loop Road to the existing road in front of the South Building of the National Conference Center and extending to the main lobby and reception area.

(l) Parking Facility. The structured parking garage and surface parking lots to be constructed on the NCC Parcel by NCC Owner.

(m) Surface Parking Lots. The existing surface parking lots located on the School Parcel presently serving as a parking lot for visitors and patrons of the National Conference Center, as depicted on the High School Plan.

(n) Temporary Construction Access Easement. The easements described in Section 5(b) hereof.

(o) Temporary Parking Easement. The easements described in Section 5(c) hereof.

(p) VDOT. The Commonwealth of Virginia Department of Transportation.

(q) Way Finding Easement. The easements described in Section 5(d) hereof.

(r) Western Loop Access Easement. The easements described in Section 5(a) hereof.

(s) Western Loop Road. The existing private access road located on the School Parcel and labeled “Segment 3 – Existing Western Loop Road” on the High School Plan.

2. Road Improvements. School Developer covenants and agrees to: (i) design and modify the Eastern Loop Road to accommodate two-way traffic between the NCC Parcel and Upper Belmont Place (the “Eastern Loop Road Lane Modification”); and (ii) design and construct all improvements, alterations and installations required by VDOT for acceptance of the Eastern Loop Road into the State highway system (the “Eastern Loop Road Widening Improvements”). Additionally, School Developer shall have the right in School Developer’s discretion, to construct the High School Driveway in the proximate location as depicted on the High School Plan.

(a) All of the foregoing improvements (collectively, the “Road Improvements”), shall be performed by School Developer in accordance with the terms and conditions set forth below.

(i) School Developer shall diligently prosecute construction of the Road Improvements in accordance with (i) design standards imposed by, and plans and specifications approved by, the Applicable Authorities for a public right of way, and (ii) all Legal Requirements. School Developer may perform the Eastern Loop Road Lane Modification and the Eastern Loop Road Widening Improvements concurrently, provided that construction of the Eastern Loop Road Widening Improvements do not hinder or delay completion of the Eastern Loop Road Lane Modification.

(ii) At all times during the performance of the Eastern Loop Road Lane Modification, School Developer shall ensure that there is unimpeded paved access over the Eastern Loop Road and Western Loop Road between the NCC Parcel and Upper Belmont Place. Following the completion of the Eastern Loop Road Lane Modification, School Developer shall have the right to restrict access to the Western Loop Road to the ingress and egress of NCC Owner’s and School Developer’s construction vehicles only, pursuant to the terms of the Temporary Construction Access Easement.

(iii) Following completion of the Eastern Loop Road Lane Modification, School Developer shall ensure that there is unimpeded, paved, two-lane access over the Eastern Loop Road between the NCC Parcel and Upper Belmont Place, subject only to temporary lane closures, obstructions or other temporary impediments addressed by, and subject to the terms and conditions of, the MOT (as hereinafter defined). School Developer may not commence construction of the Eastern Loop Road Widening Improvements until School Developer has delivered to NCC Owner a Maintenance of Traffic Plan prepared by School Developer in accordance with VDOT standards (the “MOT”), setting forth plans and contingencies relating to lane closures, obstructions or other impediments to access and use of

the Eastern Loop Road during construction of the Eastern Loop Road Widening Improvements.

(iv) School Developer shall ensure that there is unimpeded, paved, two-lane vehicular access between the NCC Parcel and the Surface Parking Lots at all times during the Temporary Parking Easement Term (as hereinafter defined), subject only to temporary lane closures, obstructions or other temporary impediments addressed by, and subject to the terms and conditions of, the MOT.

(v) At all times prior to completion of the High School Driveway, School Developer shall ensure that there is reasonable two-way access over the Western Loop Road for the transportation by NCC Owner and its contractors of construction vehicles, equipment and materials between the NCC Parcel and Upper Belmont Place. In no event shall School Developer close access to the Western Loop Road prior to the date the High School Driveway is complete and open for use by NCC Owner for the transportation by NCC Owner and its contractors of construction vehicles, equipment and materials between the NCC Parcel and Upper Belmont Place.

(vi) Following the completion of the High School Driveway and through the expiration of the High School Driveway Easement Term (as defined in Section 5(b) hereof), School Developer shall ensure that there is reasonable two-way access over the High School Driveway for the transportation by NCC Owner and its contractors of construction vehicles, equipment and materials between the NCC Parcel and Upper Belmont Place

(b) In no event shall School Developer have the right to cause the interruption or cessation of any telephone, cable television, gas, electric, water, sanitary sewer or similar utility or service (the “Utilities”) currently serving the NCC Parcel and the National Conference Center, except for minimal interruptions as part of any utility relocation and/or reconnection expressly provided in this Section 2(b). In the event such relocation and/or any related reconnection will result in the temporary interruption of the Utilities serving the NCC Parcel and the National Conference Center, School Developer shall notify NCC Owner in writing a reasonable period in advance of such interruption, and the parties shall cooperate in scheduling such interruption at a mutually agreeable time to minimize any disruption to the operations of the National Conference Center; provided however, the parties acknowledge and agree that all final decisions regarding the scheduling of any interruptions of the Utilities shall be made by applicable utility or service provider. In the event School Developer desires to relocate any easements or Utilities currently located on School Parcel and serving the NCC Parcel and the National Conference Center, School Developer shall notify NCC Owner in writing and the parties shall cooperate and coordinate in the design and phasing of such relocation and shall use commercially reasonable effort to relocate such easement and/or Utilities to a mutually agreeable location on the School Parcel; provided however, the parties acknowledge and agree that all final decisions regarding the ultimate location of such easements and/or Utilities shall be made by School Developer in the exercise of its discretion based on the recommendations of its general contractor and the applicable utility or service provider. In the event that any such relocation of any easements or Utilities has or will have a material adverse effect on the NCC Parcel or otherwise causes or will cause the NCC Owner to incur costs related to the relocation of easements, Utilities or facilities on the NCC Parcel or connection or reconnection of any effected Utilities or facilities on its NCC Parcel, School Developer shall pay any and all costs incurred by

NCC Owner as a result of such relocation.

(c) School Developer covenants and agrees to keep NCC Owner reasonably and timely informed regarding the timing, phasing and progress of construction, and to cooperate with NCC Owner in good faith during periods in which construction of the Road Improvements may impact access to the NCC Parcel or NCC’s construction of the Parking Facility. School Developer shall schedule at least one meeting prior to commencing construction, to be attended by School Developer’s general contractor and both parties’ design professionals, as appropriate, to discuss timing, phasing and other issues that may impact access to the NCC Parcel or NCC Owner’s construction of the Parking Facility. School Developer agrees to reasonably consider NCC Owner’s suggestions and proposals in good faith; provided that all final decisions regarding construction of the Road Improvements shall be made by School Developer in the exercise of its discretion.

3. Parking Improvements. NCC Owner covenants and agrees, subject to the receipt of all requisite approvals and permits from the Applicable Authorities, to construct the NCC Connector Road and the Parking Facility on the NCC Parcel. NCC Owner shall promptly commence and thereafter diligently and continuously prosecute construction of the foregoing improvements in accordance with (i) the design standards imposed by, and plans and specifications approved by, the Applicable Authorities, and (ii) all applicable Legal Requirements. NCC Owner covenants and agrees to keep School Developer reasonably and timely informed regarding the timing, phasing and progress of construction of the Parking Facility. NCC Owner shall schedule at least one meeting prior to commencing construction, to be attended by NCC Owner’s general contractor and both parties’ design professionals, as appropriate, to discuss timing, phasing and other issues related to School Developer’s construction of the Road Improvements. NCC Owner agrees to reasonably consider School Developer’s suggestions and proposals in good faith; provided that all final decisions regarding construction of the Parking Facility and the NCC Connector Road shall be made by NCC Owner in the exercise of its discretion based on the recommendations of its design and construction teams.

4. Insurance.

(a) Each Owner shall procure and maintain in full force and effect at all time during the performance of their respective periods of construction, (occurrence, and not claims made type of coverage) commercial general liability insurance covering the Parcels against claims which may arise out of or result from the performance of the Improvements, for personal injury, death or property damage occurring upon, in or about the Parcels with a combined single limit of not less than $2,000,000.00 for any one occurrence and not less than $3,000,000 in the aggregate.

(b) Additionally, each Owner shall cause its general contractor and subcontractors to maintain such insurance as will protect the Owners and those Mortgagees identified by an Owner in writing from the claims set forth below which may arise out of or result from the performance of the Improvements by its general contractor or any subcontractor, or by anyone directly or indirectly employed by any of them:

(i) claims under workers’ compensation, disability benefit and other similar employee benefit laws that are applicable to the work to be performed and not less than the minimum coverage required by applicable law;

(ii) claims for damages because of personal injury, death or property damage occurring upon, in or about the Parcels with a combined single limit of not less than $1,000,000.00 for any one occurrence and not less than $2,000,000.00 in the aggregate;

(iii) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle with minimum coverage of $1,000,000.00 for any one occurrence and not less than $2,000,000.00 in the aggregate; and

(iv) claims for errors and omissions with minimum coverage of $1,000,000.00 for any one occurrence and not less than $2,000,000.00 in the aggregate.

(c) The insurance policies maintained by each Owner hereunder shall name the other Owner and those Mortgagees identified by such Owner in writing as additional insureds and shall provide that the same may not be canceled or materially reduced in amount or coverage without thirty (30) days’ prior written notice to the other Owner and such Owner’s Mortgagees. Each policy of insurance described herein shall contain a waiver by said insurer of any and all rights of subrogation against the other Owner, and their respective members, managers, officers, employees, agents, associates, attorneys, and other representatives. Each Owner shall deliver to the other an Acord 27 or comparable certificate evidencing all such insurance not less than ten (10) days prior to the commencement of any construction activities.

5. Easements. The County hereby grants unto NCC Owner for the benefit of, and as an appurtenance to, the NCC Parcel, the following easements (collectively, the “Easements”):

(a) Western Loop Road Access Easement. A non-exclusive easement and right of way over and through the Western Loop Road, as more particularly shown on the High School Plan and as legally described on Exhibit D (the “Western Loop Access Easement Area”), for the purpose of vehicular ingress and egress between the School Parcel, the NCC Parcel and the Eastern Loop Road by NCC Owner, its employees, agents, contractors and invitees, and all guests, visitors, patrons, licensees, employees or agents of the National Conference Center. The Western Loop Access Easement constitutes a covenant running with the land for a term commencing on the Closing Date (as defined in the Contract) and expiring on the date of completion of the Eastern Loop Road Lane Modification, at which time the Western Loop Access Easement shall automatically become null and void and of no further force and effect. School Developer shall be responsible for maintaining the Western Loop Access Easement Areas in good order, condition and repair, ordinary wear and tear excepted, it being understood that such maintenance shall include without limitation, maintaining and repairing all paved surfaces in a condition sufficiently adequate for traffic, removal of trash, debris, ice and snow from the Western Loop Access Easement Areas to the extent reasonably necessary to keep the area in a clean and orderly condition.

(b) Temporary Construction Access Easement. A temporary and non-

exclusive easement and right of way over and through the Western Loop Road and the High School Driveway as more particularly shown on the High School Plan (the “Temporary Construction Access Easement Areas”), for the purpose of ingress and egress of NCC Owner’s construction vehicles (including the transportation by NCC Owner of construction equipment and materials) between the School Parcel, the NCC Parcel and the Eastern Loop Road. The Temporary Construction Access Easement constitutes a covenant running with the land for the following terms: (i) with respect to the Western Loop Road, the term of the Temporary Construction Access Easement shall commence on the Effective Date of this Agreement and expire on the date the High School Driveway is complete and placed in service (the “Western Loop Road Easement Term”); and (ii) with respect to the High School Driveway, the term of the Temporary Construction Easement shall commence immediately on the expiration of the Western Loop Road Easement Term and shall expire upon the expiration of the Temporary Parking Easement Term (as hereinafter defined) (the “High School Driveway Easement Term”). Upon the expiration of the High School Driveway Easement Term, the Temporary Construction Access Easement shall automatically become null and void and of no further force and effect. School Developer shall be responsible for maintaining the Temporary Construction Access Easement Areas in good order, condition and repair, ordinary wear and tear excepted, it being understood that such maintenance shall include without limitation, maintaining and repairing all paved surfaces in a condition sufficiently adequate for construction traffic, removal of trash, debris, ice and snow from the Temporary Construction Access Easement Areas to the extent reasonably necessary to keep the area in a clean and orderly condition.

(c) Temporary Parking Easement. A temporary and exclusive right and easement to access and use all of the Surface Parking Lots for the parking of motor vehicles (the “Temporary Parking Easement”). The Temporary Parking Easement shall be deemed to constitute a covenant running with the land for the Temporary Parking Easement Term (as hereinafter defined), and upon the expiration of the Temporary Parking Easement Term, the Temporary Parking Easement shall automatically become null and void and of no further force and effect. NCC Owner shall maintain the Surface Parking Lots in good order, condition and repair, ordinary wear and tear excepted, in accordance with all Legal Requirements and all required permits and licenses with respect thereto, it being understood that such maintenance shall include without limitation the following: (1) maintaining, repairing, restriping and resurfacing all paved surfaces in the condition as existing on the Effective Date of this Agreement, subject to ordinary wear and tear; (2) removal of trash, debris, mud, ice and snow from the Surface Parking Lots to the extent reasonably necessary to keep the area in a clean and orderly condition; (3) providing lighting, cleaning, sweeping and any necessary or appropriate directional signs, markers and lines, and keeping the same in good condition and repair; and (4) completing all ordinary repairs and maintenance, and any capital repairs and replacements as shall be necessary from time to time; provided however that NCC Owner covenants and agrees not to alter or modify (other than de minimis alterations or modifications made in connection with NCC Owner’s maintenance obligations hereunder) or construct any improvements upon the Surface Parking Lots without the prior written consent of School Developer.

(i) The “Temporary Parking Easement Term” shall mean the term commencing on the Closing Date (as defined in the Contract) and expiring the last day of the twelfth (12th) month following the Closing Date; provided however, that NCC Owner shall have three (3) options to extend the Temporary Parking Easement Term by one (1) month (each, a

“Temporary Parking Easement Extension”), which options may be exercised at any time by delivery the following payments to the County (A) $5,000.00 for the first Temporary Parking Easement Extension, (B) $10,000.000 for the second Temporary Parking Easement Extension, and (C) $15,000.00 for the third Temporary Parking Easement Extension.

(ii) At all times during the Temporary Parking Easement Term, School Developer shall ensure that the number of parking spaces available in the Surface Parking Lots for use by the NCC Parties shall not decrease below the number of parking spaces in the Surface Parking Lots as of the date hereof. Notwithstanding the foregoing, School Developer shall have the right, upon not less than thirty (30) days prior written notice to NCC Owner, to close a portion of the Surface Parking Lots; provided that School Developer constructs an alternative surface parking lot of within the School Parcel containing a sufficient number of parking spaces so that there is no net reduction in the aggregate number of parking spaces available to NCC Owner; and provided further that such alternative surface parking lot is of comparable quality and design to the Surface Parking Lots.

(d) Way Finding Easement. (i) A permanent non-exclusive easement and right-of-way over and through the School Parcel for the purpose of installing, constructing, operating, maintaining, repairing or replacing two (2) way finding signs adjacent to the Eastern Loop Road; and (ii) a non-exclusive easement and right-of-way over and through the School Parcel for the purpose of installing, constructing, operating, maintaining, repairing or replacing one (1) way finding sign adjacent to the Eastern Loop Road and the Surface Parking Lot (the easements described in the preceding clauses (i) and (ii) are collectively referred herein as the “Way Finding Easement”). All such signs in the approximate locations more particularly shown on the High School Plan, provided that the size, design and actual locations of the way finding signs (and the easement areas related thereto) shall be subject to the mutual agreement of NCC Owner and the County, and all design standards and approvals required by the Applicable Authorities with respect to signage. The Way Finding Easement constitutes a permanent easement covenant running with the land. NCC Owner shall install, construct, maintain, repair or replace the way finding signs as promptly and expeditiously as possible, and shall repair and restore any damage to the surrounding land, vegetation and improvements caused by such installation. NCC Owner shall be responsible for maintaining the way finding signs in good order, condition and repair, ordinary wear and tear excepted. School Developer shall have the right, at School Developer’s expense, to relocate any of the way finding signs (and the easement areas related thereto) that interfere with the installation of utilities, infrastructure or other improvements planned in connection with any future development of the School Site, provided School Developer delivers thirty (30) days written notice to NCC Owner and cooperates with NCC Owner in good faith to determine a new location of such sign (and the easement area related thereto) which is comparable in distance to and visibility from, the applicable road.

6. Development Cooperation. Each party hereto (the “Cooperating Party”) covenants and agrees to cooperate, diligently and in good faith, with the other party (the “Requesting Party”), at no expense to the Cooperating Party, in connection with the Requesting Party’s efforts to construct the Improvements or pursuant to any easement granted by this Agreement to the Requesting Party, on the Cooperating Party’s Parcel in accordance with the following terms and conditions:

(a) The Cooperating Party shall sign such applications, certificates, or other similar instruments as reasonably requested by the Requesting Party in connection with any permits, licenses or similar instruments required by the Applicable Authorities for the Improvements on the Requesting Party’s Parcel or on the Cooperating Party’s Parcel, as applicable.

(b) The Cooperating Party shall execute and grant any grading, slope, access, turnaround, sewer, utility or related easements reasonably required through the Cooperating Party’s Parcel to assist the Requesting Party in constructing the Improvements on the Requesting Party’s Parcel or on the Cooperating Party’s Parcel, as applicable; provided that such easements (i) are reasonably required to carry out the general plan of construction of the Improvements, (ii) do not adversely affect in a material manner the timing or cost of constructing the Improvements, and (iii) do not have a material adverse effect on the Cooperating Party’s Parcel.

(c) The Cooperating Party shall cooperate with the Requesting Party in the Requesting Party’s applications for zoning and other land use approvals as it may pursue in connection with the Improvements; provided that such approvals (i) are reasonably required to carry out the general plan of construction of the Improvements, (ii) do not adversely affect in a material manner the timing or cost of constructing the Improvements, and (iii) do not have a material adverse effect on the Cooperating Party’s Parcel other than such uses, if any, as are permitted pursuant to any easement granted to the Requesting Party by this Agreement.

(d) Each party covenants and agrees to keep each other party reasonably and timely informed of any material submissions to Applicable Authorities in connection with the construction of the Improvements on the Requesting Party’s Parcel or on the Cooperating Party’s Parcel, as applicable, including without limitation, any site plans, subdivision plans and applications for rezoning, variances or other land use approvals.

(e) It shall not be unreasonable for a Cooperating Party to refuse to join in, consent or otherwise cooperate with a Requesting Party in any action that will obligate the Cooperating Party to incur any financial liability, such as bonding or monetary contributions. All reasonable and actual out-of-pocket expenses incurred by a Cooperating Party hereunder shall be reimbursed by the Requesting Party within thirty (30) days of an invoice therefor.

7. Default; Remedies. It shall be a default hereunder if NCC Owner or School Developer fails to perform any of its obligations under this Agreement for a period of thirty (30) days after notice (a “Default Notice”) from a non-defaulting party (or, if such failure is not capable of cure within such 30-day period, upon failure of the defaulting party to promptly take such measures as may be necessary or appropriate to commence and prosecute to completion such cure within a reasonable time period), the non-defaulting party may invoke any and all rights and remedies available under this Agreement or at law or in equity. Any notice of default hereunder shall specify with particularity the nature of the default claimed.

(a) Additionally, in the event of any default or threatened default by any party of any of the terms, restrictions, covenants and conditions of this Agreement (whether affirmative or negative in nature), any other party shall, in addition to such other rights or remedies permitted in this Agreement or at law or in equity, have the right to enjoin such

violation or threatened violation by action or suit brought in a court of competent jurisdiction.

(b) If any Owner is in default with respect to the performance of any of its repair or maintenance obligations under any Easement, and if such default materially and adversely affects access to or the use of any of such Easement, then (i) the non-defaulting Owner shall have the right, but not the obligation, to cure such default for the account of and at the expense of the defaulting Owner; (ii) to effectuate any such cure, the non-defaulting Owner shall have the right to enter upon the Parcel of the defaulting Owner to perform any necessary work or furnish any necessary materials or services to cure the default; and (iii) all costs of cure incurred by the curing Owner hereunder shall be paid by the defaulting Owner within thirty (30) days after demand by the curing Owner. Notwithstanding the foregoing, prior to exercising any self- help remedy, the non-defaulting Owner shall provide at least thirty (30) days’ prior written notice to the defaulting Owner, except in the event of an emergency, in which case the non- defaulting Owner shall give as much notice as possible under the circumstances.

(c) In no event shall any defaulting party be liable to a non-defaulting party for indirect, consequential, special or punitive damages, including without limitation, loss of goodwill or reputation. However, the foregoing sentence shall not be deemed to waive, limit or restrict NCC Owner’s rights to seek and recover damages directly attributable to loss of business or lost profits provided that NCC Owner files its bill of complaint not later than one hundred eighty (180) days after the date which is the later to occur of (i) the date NCC Owner delivers written notice of the default resulting in such damages or (ii) the expiration of any cure period related to such default by School Developer.

8. No Waiver. No act or thing done or performed by a party pursuant to this Agreement and no omission to act pursuant to this Agreement shall be construed as a waiver of any default by the defaulting party or as a waiver of any covenant, term or condition herein contained or of the performance thereof. Nothing contained herein shall be deemed as, or construed to be a waiver of sovereign immunity.

9. Notice to Mortgagee. In the event any Owner is in default of any of its obligations under this Agreement, the non-defaulting Owner will mail or deliver to the Mortgagee, at the address provided to the non-defaulting Owner and in the manner provided in Section 14, copies of all notices of default permitted or required to be given by the non- defaulting party under and pursuant to the terms and provisions of this Agreement. At any time before the non-defaulting Owner exercises any self-help remedies pursuant to Section 7(b), or within the time permitted the defaulting Owner for curing any such default, the Mortgagee may, but shall have no obligation to, cure any such default of the defaulting Owner.

10. Mortgages to be Subordinate to Easements. Any Mortgagee under a Mortgage that is recorded among the Land Records prior to or after the recordation of this Agreement shall be deemed to have agreed that the lien of its Mortgage shall be subject and subordinate to this Agreement and the covenants and other rights and obligations created and established thereby and each such Mortgagee shall be deemed to agree that the sale of the real property or any interest therein encumbered by its Mortgage pursuant to a foreclosure thereof shall not extinguish or otherwise adversely affect any of the easements, covenants or other rights and obligations on or with respect to such land created and established thereby.

11. Governing Law, Severability. If any term, covenant or condition of this Agreement shall be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is held to be invalid or unenforceable, shall not be affected thereby and each term, covenant, condition and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. This Agreement and the performance hereof shall be governed by the laws of the Commonwealth of Virginia.

12. Not Partners. This Agreement shall not be deemed to constitute any present or future party or Mortgagee as partners or joint venturers.

13. Estoppel Certificates. At any time and from time to time upon the request of any party or Mortgagee, as the case may be, on or before the date specified in the request therefor, which date shall not be earlier than thirty (30) days from the making of such request, the party shall execute, acknowledge and deliver to the party making such request a certificate or similar instrument certifying, to the extent accurate: (i) that this Agreement is in full force and effect; (ii) that this Agreement has not been modified or amended in any respect (or if modified, that this Agreement is in full force and effect as modified and setting forth such modifications); (iii) that there are no existing defaults hereunder, to the knowledge of the party executing the certificate and specifying the nature of such defaults, if any; (iv) that there are due no sums due and owing pursuant to this Agreement; and (v) such other information as the requesting party may reasonably request. Each certificate delivered pursuant to this Section may be relied on by the party requesting the same and any prospective purchaser or Mortgagee of the requesting party.

14. Notices. All notices, requests and other communications under this Agreement shall be in writing and shall be hand delivered (with signed receipts) or sent by a nationally recognized overnight delivery service, postage prepaid, addressed as follows:

If to the County: Board of Supervisors of Loudoun County, Virginia One Harrison Street, S.E., 5th Floor, MSC #06 Leesburg, VA 20175 ATTN: County Attorney

If to the School Board: Loudoun County Public Schools 21000 Education Court Ashburn, VA 20148

ATTN: Kevin Lewis, PE, Director of Construction Services

With a copy to: Loudoun County Public Schools 21000 Education Court Ashburn, VA 20148 ATTN: Stephen L. DeVita, Division Counsel

If to NCC Owner: WXIII/Oxford DTC Real Estate, LLC c/o Oxford Capital Partners, Inc. 350 W. Hubbard, Suite 440 Chicago, IL 60654

ATTN: John W. Rutledge, President & CEO

With a copy to: WXIII/Oxford DTC Real Estate, LLC c/o The National Conference Center 18980 Upper Belmont Place Leesburg, VA 20176 ATTN: Kurt J. Krause, General Manager

With a copy to: K&L Gates LLP 70 W. Madison Street, Suite 3100 Chicago, IL 60602 ATTN: Lawrence C. Eppley

And copies of any Default Notice shall be sent to the following (collectively, the “Default Notice Additional Parties”):

With a copy to: PCCP, LLC 280 Park Avenue, Suite 3500 West New York, NY 10017 ATTN: Barrie Bloom

With a copy to: McKenna Long & Aldridge LLP 303 Peachtree Street, Suite 5300 Atlanta, GA 30308 Attn: Patrick M. McGeehan

If to NCC Owner’s c/o Wells Fargo Bank N.A. Mortgagee: Attn: Carrie W. Booker Vice President- Structured Asset Management MAC D1086-120 550 S Tryon Street, 14th Fl Charlotte, NC 28202

NCC Mezz Holdings c/o PCCP, LLC 222 North Sepulveda Boulevard, Suite 2222 El Segundo, CA 90245 ATTN: Legal Notices

or such other person or address which a party shall have given upon notice as herein provided. All such notices, requests and other communications shall be deemed to have been sufficiently given for all purposes hereof on the date of hand delivery or on the next business day after the date of delivery thereof to the overnight delivery service. Notwithstanding anything in this Section 14 to the contrary, any notices from the County or School Board to NCC Owner shall not be required to be sent to the Default Notice Additional Parties, unless such notice is in the nature of a Default Notice. 15. Amendments. No amendments to this Agreement shall be effective unless and until executed by each of NCC Owner, the County and School Board.

16. Authority. Each of NCC Owner, the County and School Board hereby represents and warrants that: (i) such party has due authority to enter into this Agreement, and all organizational or legislative action requisite for the execution and delivery of this Agreement has

13 been taken; and (ii) the individual executing this Agreement on behalf of such party has been duly authorized to execute and deliver this Agreement on behalf of such party.

17. Transfer of Ownership. Whenever a transfer of ownership of either Parcel occurs, the liability of the transferor for any duty or covenant hereunder occurring thereafter shall automatically terminate with respect to such transferor provided, the transferee, including a Mortgagee that acquires title to the such Parcel by deed in lieu of or by judgment of foreclosure, shall automatically assume and be bound by the burdens and obligations hereunder, including any prior and unfulfilled obligations of the transferor. Acceptance of a deed for either Parcel or portion thereof shall be conclusive evidence of such assumption. Transfer of ownership shall not affect nor diminish any easement or obligation that is a covenant running with the land under this Agreement. The foregoing provisions of this Section 17 shall not apply to the parties' respective obligations set forth in Sections 2, 3, 4 and 6 of this Agreement.

18. Covenants Running with Land. The Easements, rights, restrictions, obligations, covenants and agreements set forth in this Agreement are intended to be and shall be construed as covenants running with the land and shall inure to the benefit of and be binding upon the Parties and their respective heirs, successors and assigns in accordance with the terms of this Agreement. Notwithstanding the foregoing, the parties’ respective obligations set forth in Sections 2, 3, 4 and 6 of this Agreement shall expire and be of no further force or effect upon the completion of the Road Improvements, the Parking Improvements or the High School, as applicable.

19. Termination of Certain Sections. Unless sooner terminated by the terms and conditions of this Agreement, the terms and conditions of Sections 2, 3, 4 and 6 of this Agreement and the parties’ respective obligations herein shall expire and be of no further force or effect upon the completion of the High School.

[Signature Pages Follow]

IN WITNESS WHEREOF, the parties have duly executed this Agreement under seal as of the date set forth above.

WXIII/OXFORD DTC REAL ESTATE, LLC, a Delaware Limited Liability Company

By: Name: Title:

COMMONWEALTH OF VIRGINIA ) ) SS: COUNTY OF ______)

The foregoing instrument was acknowledged before me, a Notary Public this ______day of ______, 20__, by ______, the ______of WXIII/OXFORD DTC REAL ESTATE, LLC, a Delaware Limited Liability Company, who is personally known to me, or has produced proper identification on his/her behalf.

Notary Public

Name: Registration No.:

My commission expires: ______

[NOTARIAL SEAL]

(Signatures Continue on Next Page)

509366 v8/RE

COUNTY OF LOUDOUN, VIRGINIA

By: Name: Title:

COMMONWEALTH OF VIRGINIA ) ) SS: COUNTY OF ______)

The foregoing instrument was acknowledged before me, a Notary Public this ______day of ______, 20__, by ______, the ______of ______, a ______, who is personally known to me, or has produced proper identification on his/her behalf.

Notary Public

Name: Registration No.:

My commission expires: ______

[NOTARIAL SEAL]

(Signatures Continue on Next Page)

509366 v8/RE LOUDOUN COUNTY SCHOOL BOARD

By: Name: Title:

COMMONWEALTH OF VIRGINIA ) ) SS: COUNTY OF ______)

Notary Public

Name: Registration No.:

My commission expires: ______

[NOTARIAL SEAL]

509366 v8/RE MORTGAGEE CONSENT AND SUBORDINATION

______, a ______(“Mortgagee”), is the holder of a Mortgage and Security Agreement with Assignment of Rents and Fixture Filing recorded on ______as Document No. ______, in the office of the ______(together with all amendments, restatements, modifications and extensions of the foregoing, now or hereafter entered into, collectively referred to as the “Security Instrument”), hereby consents to the execution and recording of that certain Access Road, Parking and Easement Agreement to which this Consent and Subordination is attached (the “Agreement”) and agrees that all of Mortgagee’s liens and security interests created pursuant to the Security Instrument and any of the related loan documents are and shall be subject and subordinate to the Agreement and the terms thereof, including all easements and other rights created and granted thereby; provided, however, that the execution by the Mortgagee of this Consent and Subordination shall not be deemed to diminish, impair, limit, repudiate or forgive any obligation of the borrower under the Security Instrument. The undersigned does hereby agree that the foreclosure of the Mortgagee’s lien or security agreements created by the Security Instrument shall not affect, diminish or eliminate the Agreement or any easements and other rights created, granted or vacated thereby.

IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed under seal by its duly authorized officer as of the _____ day of______, 2012.

______

By: Name: Its:

509366 v8/RE

EXHIBIT A School Parcel

509366 v8/RE EXHIBIT B NCC Parcel

509366 v8/RE EXHIBIT C High School Plan

509366 v8/RE EXHIBIT D Western Loop Access Easement Area

509366 v8/RE Date of Meeting: July 3, 2012

BOARD OF SUPERVISORS ACTION ITEM

SUBJECT: Ashburn Area Sheriff’s Station Land Acquisition: Approval of Real Estate Sales Contract

ELECTION DISTRICT(s): Broad Run

CRITICAL ACTION DATE: July 3, 2012

STAFF CONTACT: Lewis Rauch, Director, DCWM John Carlton, Deputy County Attorney, CAO

BACKGROUND: The Board of Supervisors Adopted Capital Improvement Program planned for the development of an Ashburn Sheriff Station to serve the Ashburn community in the FY 2013 - FY 2014 fiscal years. The Capital Improvement Program provides funding two (2) years prior to the start of a capital project design development to acquire a land site for a proposed project. Funding for public use site acquisition is included in the County’s Land Acquisition Fund as a part of the Adopted Capital Improvement Program.

Funding was identified in FY 2011 for the Ashburn Sheriff Station. However, in FY 2012 the Board of Supervisors in collaboration with Loudoun County Public Schools planned for the station to be co-located on the Newton-Lee Elementary School site in Ashburn. During the FY 2012 budget development process, the Loudoun County School Board and Board of Supervisors re-designated the Newton-Lee site to co-locate an Ashburn Area Middle School (MS-6) on the site. Subsequent to that action, Staff, in consultation with the Loudoun County Sheriff’s Office (“Sheriff’s Office”), began to evaluate properties to acquire a site for the Ashburn Sheriff Station. In the fall of 2011 (FY 2012), Staff and Sheriff’s Office presented two (2) potential sites to the prior Board of Supervisors for their consideration. In November 2011, Staff was directed to negotiate a contract for approximately 13.33+/- acres of a larger parcel from the property owner of the One Loudoun Development as the location provided a site for the Ashburn Sheriff Station and the opportunity to co-locate additional public facilities at a future time. The Ashburn Sheriff Station will utilize approximately five (5) acres of the parcel and the remaining land will be designated for future public use(s). Future uses will be identified by the Board of Supervisors in its review of its Adopted Capital Needs Assessment and the Capital Improvement Program during the FY 2014 budget development process.

Contract negotiations were suspended pending the newly-elected Board of Supervisors being briefed on the contract negotiations in January 2012. The new Board directed Staff to proceed with contract negotiations in May 2012. The contract terms have been reviewed and revised by

Board of Supervisors Action Item #4: Ashburn Area Sheriff’s Station Land Acquisition Page 2

both the Staff and the Property Owner through June 2012 and a proposed contract has been finalized and has been approved to form by the CAO. The land sale price for the 13.33+/- acres is $8,300,000. The contract terms also provide the County the opportunity to buyout the monthly cost for the Property Owners’ Association (“POA”). The monthly cost for the POA, in which this parcel would be included, is $15,031. To be removed from the POA, with the exception of maintaining some architectural standards of conformance of the overall One Loudoun Project, the one-time buyout option fee is $487,000. These fees will be used for the County’s share of maintenance for wear and tear on One Loudoun’s community’s roads. The roads within this business community will be owned and maintained by the POA and not the Virginia Department of Transportation (VDOT). The Board of Supervisors is exercising this option in the contract which increases the total purchase price to $8,787,000.

A due diligence period of ninety (90) days is proposed in the contract following contract execution. Settlement is contingent on the subdivision of the parcel being completed. The outside settlement date would be approximately in October 2012. A summary of the Contract Terms is provided in Attachment 2 to this item.

Fiscal Impact: Sufficient funding has been identified in the County Land Acquisition capital project account to proceed with this purchase. A combination of lease revenue bonds and local tax funding totaling $13,509,573 is available in the account to support the $8,787,000 purchase price.

Attachments:

1. Draft Motion

2. Contract Terms Summary Sheet

ITEM #4 – ATTACHMENT 1 DRAFT MOTION

I move that the Board of Supervisors:

1. Approve the following Real Estate Sales Contract (“Contract”), in a form approved by

the County Attorney, to acquire land for County public facilities:

a. A Contract for the purchase by the County of 13.33 +/- acres, improved with site

infrastructure, for the amount of $8,787,000, the property being more particularly

identified as a small parcel of MCPI #057-10-2844-000 and located off of Russell

Branch Parkway and Loudoun County Parkway, in Ashburn, Virginia.

2. Direct Staff that the closing on the Contract is contingent upon a determination by the

Director of the Department of Construction and Waste Management that the due

diligence studies provided for in the contract has been completed and that no matters

were discovered as a result of said studies that would warrant cancellation of the

Contract.

3. Authorize the Chairman, or in his absence the Vice-Chairman or the County

Administrator, to sign a deed approved, as to form by the County Attorney, conveying

the property to the County and indicating that the conveyance is accepted by the Board of

Supervisors pursuant to Va. Code Section 15.2-1803; and authorize the County Attorney,

or an authorized representative of his office, to attend settlement and execute such

additional documents as may be reasonable and necessary to consummate the purchase.

ITEM #4 - ATTACHMENT 2 CONTRACT TERMS SUMMARY

TERM SHEET FOR LAND ACQUISITION FOR ASHBURN SHERIFF STATION (ONE LOUDOUN PARCEL) ASHBURN, VIRGINIA

JUNE 11, 2012

Purchase Price $8,787,000.00 (Includes the road maintenance fee)

Earnest Money Deposit $250,000.00 (5 days after full contract execution (Deposit is refundable

Contingencies:

1) Formal approval and acceptance by the Loudoun County Board of Supervisors

2) Satisfactory completion of a 90-day due diligence period

3) Clean and marketable title

4) Appraisal—to be performed during Due Diligence Period

5) Seller is to create, at its sole expense, the subject parcel of approximately 13.33+/- acres from MCPI#057-10-2844-000. (This application is currently being processed.)

Settlement: Thirty (30) after all contingencies have been fulfilled or waived.

Date of Meeting: July 3, 2012

BOARD OF SUPERVISORS ACTION ITEM

# 5

SUBJECT: Connect Northern Virginia/Request from Loudoun County Chamber of Commerce

ELECTION DISTRICT: Countywide

CRITICAL ACTION DATE: At the pleasure of the Board

STAFF CONTACTS: Robin Bartok, Aide to Chairman Scott York

RECOMMENDATION: Chairman York is recommending that the Board of Supervisors forward the Loudoun County Chamber of Commerce’s request for participation and funding of the Connect Northern Virginia project be forwarded to the Board’s Finance/Government Services and Operations Committee for a recommendation to the corporate Board.

BACKGROUND: The Loudoun County Chamber of Commerce has been exploring models and opportunities to better connect the County’s non-profit organizations with businesses. It was recognized that these nonprofit organizations provide a broad range of important services to area residents; however, those services too often are invisible to those who could benefit most from them or those who desire to donate time or money. The goal is to create a portal that would provide a comprehensive and consistent database.

A subcommittee of the Chamber headed by Ms. Tracey White, researched various projects and in its endeavor found that Fairfax County had been working on the same issue over the past 18 months. Fairfax County had worked with George Mason in setting the ground work and concluded that the project would be most successful through a regional approach. A fact sheet outlining Connect Northern Virginia, an on line Community Platform with information about nonprofit organizations and other community resources in Northern Virginia, is attached (Attachment #1). Also attached is a letter from Patricia Stevens, Executive Director of the Fairfax County Office of Public Private Partnerships highlighting Fairfax County’s involvement (Attachment #2).

The Loudoun County Chamber of Commerce has taken a position to support the Connect Northern Virginia project. In addition, the Chamber is also requesting that the Loudoun County Board of Supervisors support this initiative (Attachment #3). Chairman York and Vice Chairman Clarke met with representatives of the Chamber, Fairfax County, George Mason University, and County staff regarding this request.

Page 1 of 2 Chairman York is asking that the Board of Supervisors forward the Chamber of Commerce’s request for Loudoun County government to participate as a partner in the Connect Northern Virginia project and pledge support of $2,500 to help launch the project to the Finance/ Government Services and Operations Committee. Currently the Loudoun County Chamber of Commerce has committed $2,500 and the Town of Leesburg has also committed $1,000. Additionally the Chamber has reached out to a number of potential business sponsors that they are waiting on responses from.

ISSUES:

1. Does the Board of Supervisors want to participate in a regional project that would create and maintain an easily accessible, verifiable community information, user-friendly database driven portal? 2. Does the Board of Supervisors want to provide a financial contribution?

ALTERNATIVES:

1. Move forward with the Chamber’s request to participate with Connect Northern Virginia. 2. Decide to not participate in the Connect Northern Virginia Project. 3. Alternative

FISCAL IMPACT:

The initial request is to fund $2,500. It is also expected the County would be asked to participate as a partner.

MOTIONS:

1. I move that the Board of Supervisors forward the Chamber of Commerce’s request for Loudoun County to participate in the Northern Virginia Connect, as identified in the May 7, 2012 letter to the County Administrator, to the Finance/Government Services and Operations Committee for a recommendation to the corporate Board.

2. I move an alternate motion.

ATTACHMENT:

1. Attachment # 1 – Data Sheet regarding Connect Northern Virginia 2. Attachment # 2 – Letter from Ms. Patricia Stevens, Executive Director, Fairfax County Office of Public Private Partnerships 3. Attachment # 3 – May 7, 2012 Letter to Mr. Hemstreet, Loudoun County Administrator

Page 2 of 2

Connect Northern Virginia

An online, Community Platform with Information about Nonprofit Organizations and Other Community Resources in Northern Virginia

What Is It? Connect Northern Virginia is a regional community portal project bringing jurisdictions like Fairfax and Loudoun counties together – with more jurisdictions being added - to meet a community need for easily accessible, verifiable, community information in an easy to use database driven portal.

Why Is It Needed? Northern Virginia is home to 2.2 million people and 8,500 charitable, nonprofit organizations. While these nonprofit organizations provide a broad range of important services to area residents, they are too often invisible to those who could use their services or those who would donate time or money to the nonprofits if they knew more about their programs. The Connect Northern Virginia project seeks to provide a platform for easy access of information on the nonprofit community.

What Information Will It Include? • Information about Nonprofit Organizations – The core of the platform is data on the programs and finances of the region’s nonprofit organizations, drawn in large part from the Form 990 tax returns that nonprofits file annually with the IRS and which are available to the public. This information is automatically updated as new tax returns are processed each year. Nonprofits will also have the opportunity to add additional information about their programs and accomplishments to the platform. • Community Statistics and Mapping Tools – Demographic and socioeconomic data from the U.S. Census Bureau and other data providers will be pulled into the platform to help nonprofit and community leaders and policymakers identify areas of need and the location of existing services. Mapping tools will enable platform users to display information about community needs and services in a variety of helpful ways. • Calendar and Directory – The platform will feature a calendar of nonprofit-related events and workshops, and will link to listings of nonprofit volunteer opportunities and organizational needs that donors may want to address. • Information about Schools and Other Governmental and Neighborhood Organizations – In addition to data on nonprofits, the platform will also contain information about local schools and other governmental and community organizations, including mentoring and other educational programs that serve students and their families.

Who Will Use It and How Will It Be Helpful?

Funders (Government, Foundations, Corporations, Individuals) will use Connect Northern Virginia to: • Research organizations they may want to support; • Find important information on neighborhood needs and resources; • Encourage collaboration among grantees and help catalyze the development of integrated initiatives; and • Help build nonprofit capacity.

Nonprofits will be able to use the platform to: • Reach out to new donors and volunteers, and keep in touch with existing supporters; • Make themselves known to new clients and customers; • Find important demographic and socioeconomic data for strategic planning and proposal writing; • Identify opportunities for collaboration with other nonprofits and other organizations; and • Identify and access capacity-building resources, such as training workshops, that will be listed in the platform’s calendar. 1 Attachment 1

The community will turn to Connect Northern Virginia to: • Find information about nonprofit services; • Learn about donation and volunteer opportunities; • Deepen public understanding of community needs and gaps in services; and • Build civic infrastructure and connectivity among individuals and organizations in the region.

Universities (faculty, staff, and students) will use Connect Northern Virginia to: • Learn about opportunities for volunteering, internships, and jobs; • Identify nonprofits interested in working with class projects; and • Aid faculty and student research.

What Technology Is Being Used?

Connect Northern Virginia will draw heavily on a model community platform developed by the National Center for Charitable Statistics (NCCS) at the Urban Institute in Washington, DC. NCCS is now working with several counties and states around the country to establish regional platforms. For example, in partnership with NCCS, the Community Foundation for Brevard and other community leaders in Brevard County, Florida recently launched Connect Brevard, which can be accessed at: http://www.connectbrevard.org/communityplatform/brevard . An emerging platform for the state of Connecticut is described at: http://nccsweb.urban.org/communityplatform/ct/misc/aboutus.

How Can You Help Make This Project a Reality?

Funders are currently being sought. Please contact ______at ______for more information.

2 Attachment 1

April 10, 2012

Tracey White, Vice President Community & Government Relations HCA Capital Division 1800 Town Center Drive, Suite 320 Reston, VA 20190

Dear Tracey:

Thank you for your leadership serving and engaging our community through the Loudoun County Chamber of Commerce and its nonprofit committee.

I am contacting you on behalf of my partners with an exciting opportunity to get on the ground floor of a project that will improve and benefit nonprofits, corporations, volunteers and people of need across Northern Virginia.

As you know, for the past 18 months, representatives of government, corporate, university and nonprofit organizations in Fairfax County have been exploring models for an online platform that would raise awareness of critical and timely issues. We are pleased that the Loudoun County Chamber of Commerce is interested in joining the coalition and the conversation around the online platform —Connect Northern Virginia— as a tool for addressing needs of our community, consolidating information for and about nonprofit organizations and public agencies that are working on these issues, and public and private resources available to support this work. While the initial focus began in Fairfax County, stakeholders from all sectors have indicated that there would be value and benefit for the entire Northern Virginia region, and we agree.

The project has strong beginnings and has done extensive research to measure feasibility. A GMU capstone team of senior Applied IT students developed requirements, identified and reviewed existing tools from around the country, and recommended the Community Platform developed by the Urban Institute’s National Center for Charitable Statistics (NCCS). The NCCS Platform includes a searchable database of all 501c3 charitable organizations drawn from the IRS 990, maps displaying public and nonprofit services and facilities and census data for target areas, a “bulletin board” for posting available and needed goods, services, facilities, as well as the ability to link existing volunteer and funding resources.

The NCCS platform was developed with support from the Mott and Kresge Foundations and has been launched by public private consortia at the state level in Connecticut, Massachusetts, and Louisiana, and by local collaboratives in Brevard County, Florida; New Orleans and Baton Rouge, Louisiana and Washington, DC. (Learn more about NCCS and the platform at: http://nccs.urban.org/index.cfm ) Attachment 2

NCCS developed the community platform and it has been adopted in these areas to accomplish the goals we have identified as important for Northern Virginia:

• To provide census, service and organizational information for government and university research • To facilitate connections among public and private funders and organizations that meet their funding criteria • To provide information on resources for nonprofits and foster collaboration among those with similar goals • To guide and inform corporate and community pro-bono, in-kind, financial, and volunteer contributions • To build civic infrastructure and increase community engagement and contributions

GMU Center for Nonprofit Management, Philanthropy and Policy has offered to serve as the community administrator and Community Foundation for Northern Virginia has agreed to serve as fiscal agent for Connect Northern Virginia, with in-kind and financial resources provided by Volunteer Fairfax and the Office of Public Private Partnerships.

Supported by the Steering Committee of cross-sector representatives, the Community Foundation for Northern Virginia submitted a letter of interest to the Knight Foundation for a Community Information Needs grant to launch, populate and utilize the community portal Connect Northern Virginia. We were invited to apply and have submitted a grant application which would provide up to $100,000 a year for three years. The Knight grant requires that requested funds be matched with cash commitments from the lead applicant and partners.

We invite your participation as a partner in Connect Northern Virginia and request a pledge of support from the Loudoun County Chamber of Commerce and its partners and a tax-deductible contribution of $10,000 to help launch and support this important endeavor. Your commitment (made to the project’s fiscal agent Community Foundation for Northern Virginia) would ideally span three years, but we welcome and would be grateful for a pledge of initial support with the opportunity to consider continued contributions in the future. Funding partners that contribute $5,000 or more will be highlighted on the homepage of Connect Northern Virginia’s website as well as on print materials. We will collaborate to promote the site throughout the region via print, broadcast, and social media. You are also invited to participate in the Steering Committee and to contribute information and assistance to develop content and use of Connect Northern Virginia.

We appreciate your consideration and I look forward to speaking with you soon. Please don’t hesitate to contact me at 703-324-5286 to make your commitment or to discuss the project in more depth.

Sincerely,

/s/

Patricia Stevens, Executive Director Fairfax County Office of Public Private Partnerships (on behalf of the Leadership Team of Connect Northern Virginia)

Attachment 2

Connect Northern Virginia Partners:

Attachment 3

May 7, 2012

Tim Hemstreet County Administrator 1 Harrison St. SE Mail Stop #02 Leesburg, VA 20175

Dear Tim:

On behalf of the Loudoun Chamber of Commerce and the Nonprofit Initiative, I am contacting you with an exciting opportunity to join us on the ground floor of a project that will improve and benefit nonprofits, corporations, volunteers and people of need across Northern Virginia.

Connect Northern Virginia will be a tool for addressing needs of our community, consolidating information for and about nonprofit organizations and public agencies that are working on these issues, and public and private resources available to support this work. While the initial focus began in Fairfax County, stakeholders from all sectors have indicated that there would be value and benefit for the entire Northern Virginia region, and we agree.

The project will utilize a Community Platform developed by the Urban Institute’s National Center for Charitable Statistics (NCCS) http://nccs.urban.org/index.cfm. The platform includes:

• a searchable database of all 501c3 charitable organizations drawn from the IRS 990 • maps displaying public and nonprofit services and facilities and census data • a “bulletin board” for posting available and needed goods, services, and facilities • the ability to link existing volunteer and funding resources.

Those elements of the platform and more will:

• Provide information on resources for nonprofits and foster collaboration among those with similar goals • Guide and inform corporate and community pro-bono, in-kind, financial, and volunteer contributions • Build civic infrastructure and increase community engagement and contributions • Facilitate connections among public and private funders and organizations that meet their funding criteria

We invite your participation as a partner in Connect Northern Virginia and request a pledge of support of $2,500 to help launch and support this important endeavor. Funding partners that contribute $2,500 or more will receive logo representation on the Connect Northern Virginia Loudoun page , the Loudoun Chamber’s website and Connect Northern Virginia marketing materials. We appreciate your consideration of this request. Please don’t hesitate to contact me at 571-209-9020 to make your commitment or to discuss the project in more depth.

Sincerely,

Anthony J. Howard President & CEO

Attachment 3

Date of Meeting: July 3, 2012

BOARD OF SUPERVISORS ACTION ITEM #6b

SUBJECT: Finance/Government Services and Operations Committee Report: RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF LOUDOUN COUNTY, VIRGINIA, IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $70,625,000, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF

ELECTION DISTRICT: Countywide

STAFF CONTACTS: Ben Mays and Martina Williams, Management and Financial Services

CRITICAL ACTION DATE: July 3, 2012

RECOMMENDATION: Committee: During its June 11, 2012 meeting, the Finance/Government Services and Operations Committee (FGSOC) voted (4-0-1 with York absent) to recommend that the Board of Supervisors approve the resolution entitled "RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF LOUDOUN COUNTY, VIRGINIA, IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $70,625,000."

Staff: Staff recommends that the Board of Supervisors adopt an Authorizing Bond Resolution for the issuance of not more than $70,625,000 of general obligation bonds. Approximately $67,259,000 is anticipated to be issued to partially fund the design, construction and equipping of HS-7, ES-15, ES-16, ES-22, MS-6 and Park View HS renovation; and approximately $3,366,000 is anticipated to be issued to partially fund the design, construction and equipping of the Route 9/671 Neersville Fire and Rescue Station #16, and Fire and Rescue apparatus.

BACKGROUND:

The FY 2012 – FY 2016 Adopted Capital Improvement Program appropriates funding and approves financing for the HS-7 (Dulles Area High School), ES-15 (Leesburg Area), ES-16 (Moorefield Station), ES-22 (Ashburn Area), MS-6 (Ashburn Area), Park View High School Science Lab Renovations, Route 9/671 (Neersville) Fire and Rescue Station #16, and the purchase of Fire and Rescue capital apparatus.

Table 1 on the next page provides details on the year that each project was approved by voters, the total project amount that was approved, any prior bonds that have been issued, and the remaining amount of unissued bonds authorized for each project.

BOS, GO Issuance, Item #6b July 3, 2012 Page 2

TABLE 1: 2012 GO Issuance Project Details

AMOUNT SUMMER 2012 AMOUNT AUTHORIZED REFERENDUM REFERENDUM AMOUNT TO PREVIOUSLY SERIES AND PROJECT YEAR AMOUNT BE SOLD ISSUED ISSUED UNISSUED $17,000,000 2010B HS-7 2008 $82,235,000 $32,500,000 $15,735,000 $17,000,000 2011A $8,000,000 2011A ES-15 2010 $27,820,000 $8,500,000 $6,332,819 $4,987,181 2011-2 VPSA ES-16 2011 $22,830,000 $8,752,000 - - $14,078,000 ES-22 2011 $22,830,000 $8,752,000 - - $14,078,000 MS-6 2011 $39,380,000 $5,910,000 - - $33,470,000 Park View HS 2011 $3,570,000 $2,845,000 - - $725,000

Subtotal $67,259,000

Rt. 9/671 2009A $2,000,000 Neersville 2010B 2008 $8,585,000 $1,685,000 $1,600,000 $0 F&R Station Project $3,300,000 #16 reduced Fire & Rescue 2011 $3,000,000 $1,681,000 - - $1,319,000 Apparatus

Subtotal $3,366,000

Grand Total $70,625,000

ISSUES: The FGSOC recommends that the full Board of Supervisors adopt the financing resolution approved as Attachment A to this Item.

In consultation with the County’s Financial Advisors, Department of Management and Financial Services’ staff has tentatively scheduled this bond sale for mid July, 2012, with closing to follow on or near July 28, 2012.

The draft bond sale documents referenced in the attached resolution will be available for your review or public inspection at the full Board of Supervisor’s meeting on July 3, 2012, and later in the Department of Management and Financial Services.

FISCAL IMPACT: Assuming that the $70,625,000 of bonds are issued with a 20-year, level principal repayment schedule, at a true interest cost of 5%, the estimated interest charge or costs to repay the bonds would be $36,533,000 for total debt service of $107,158,000.

DRAFT MOTIONS:

(1) I move the recommendation of the Finance/Government Services and Operations Committee that the Board of Supervisors approve the attached resolution entitled "RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF BOS, GO Issuance, Item #6b July 3, 2012 Page 3

LOUDOUN COUNTY, VIRGINIA, IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $70,625,000."

(2) I move an alternate motion.

ATTACHMENTS: A. "RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF LOUDOUN COUNTY, VIRGINIA, IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $70,625,000". RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF LOUDOUN COUNTY, VIRGINIA, IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $70,625,000, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF

WHEREAS, the issuance of bonds of the County in the maximum amount of $112,630,000 was approved by the Board on July 15, 2008, and approved by the voters on November 4, 2008, to finance, in whole or in part, the cost of capital projects for the following public facility purposes: (a) the design, construction and equipping of Route 9 and 671 Area Fire & Rescue Station (Neersville Fire Rescue Station) in the amount of $8,585,000, $3,600,000 of which bonds have been previously issued; and (b) the design, construction and equipping of the Dulles Area High School II (HS-7) in the amount of $82,235,000, $34,000,000 of which bonds have been previously issued (collectively, the “2008 Public Facility Projects”);

WHEREAS, the issuance of bonds of the County in the maximum amount of $27,820,000 was approved by the Board on July 7, 2010, and approved by the voters on November 2, 2010, to finance, in whole or in part, the cost of capital projects for the public facility purpose of the design, construction and equipping of Leesburg Area Elementary School (ES-15) in the amount of $27,820,000, $12,987,181 of which bonds have been previously issued (the “2010 Public Facility Project”);

WHEREAS, the issuance of bonds of the County in the maximum amount of $172,620,000 was approved by the Board on May 17, 2011, and approved by the voters on November 8, 2011 to finance, in whole or in part, the cost of capital projects for the following public facility purposes: (a) the acquisition, construction and equipping of fire and rescue capital apparatus in the amount of $3,000,000, none of which bonds have been previously issued; (b) the design, construction and equipping of the Moorefield Station ES-16 in the amount of $22,830,000, none of which bonds have been previously issued; (c) the design, construction and equipping of the Ashburn Area ES-22 in the amount of $22,830,000, none of which bonds have been previously issued; (d) the design, construction and equipping of the Ashburn Area MS-6 in the amount of $39,380,000, none of which bonds have been previously issued; (e) the design, construction and equipping of the Park View High School Renovation in the amount of $3,570,000, none of which bonds have been previously issued (collectively, the “2011 Public Facility Projects” and, together with the 2008 Public Facility Projects and the 2010 Public Facility Project, the “Project”).

WHEREAS, the Board has determined that it is in the County’s best interest to issue and sell from the 2008 Public Facility Projects, the following bonds: (a) $1,685,000 of the bonds authorized for the Route 9 and 671 Area Fire & Rescue Station (Neersville Fire Rescue Station); and (b) $32,500,000 of the bonds authorized for the Dulles Area High School II (HS-7), for a total of $34,185,000;

WHEREAS, the Board has determined that it is in the County’s best interest to issue and sell $8,500,000 of the bonds authorized for the 2010 Public Facility Project;

Attachment A A1-1 WHEREAS, the Board has determined that it is in the County’s best interest to issue and sell from the 2011 Public Facility Projects, the following bonds: (a) $1,681,000 of the bonds authorized for the cost to acquire, construct and equip fire and rescue capital apparatus; (b) $8,752,000 of the bonds authorized for the Moorefield Station Elementary School (ES-16); (c) $8,752,000 of the bonds authorized for the Ashburn Area Elementary School (ES-22); (d) $5,910,000 of the bonds authorized for the Ashburn Area Middle School (MS-6); and (e) $2,845,000 of the bonds authorized for the Park View High School Renovation, for a total of $27,940,000;

WHEREAS, it has been recommended to the Board by its financial staff and key representatives of Davenport & Company LLC, the County’s financial advisor (the “Financial Advisor”) that the County issue and sell one or more series of general obligation bonds in the aggregate principal amount of up to $70,625,000.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF LOUDOUN COUNTY, VIRGINIA:

1. Authorization for Issuance and Sale. There are authorized to be issued and sold, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, one or more series of bonds in an aggregate principal amount not to exceed $70,625,000 (the “Bonds”) as follows: (a) to finance, in part, the costs of the Project and (b) to pay costs incurred in connection with the issuance of the Bonds. Such Bonds (i) shall bear interest at a “true” or “Canadian” interest cost not to exceed 5% per year, taking into account original issue discount or premium, if any (ii) shall be sold at a price not less than 98% of the principal amount thereof, without taking into account original issue discount, and (iii) shall mature in annual installments or be subject to mandatory redemption beginning no later than the year 2013 and ending no later than 2033.

2. Bond Details. Each series of Bonds shall be designated “General Obligation Public Improvement Bonds” or such other designation (including any series designation) as may be determined by the County Administrator (the “County Administrator,” as used herein, the term County Administrator shall include all Deputy County Administrators) or the Director of Management and Financial Services (the “Director,” as used herein, the term Director shall include the Deputy Chief Financial Officer and the Controller and any Acting or Interim Director of Management and Financial Services), and shall be issued in one or more series (simultaneously or at separate times), all as may be determined by the County Administrator or the Director, either of whom may act, provided that any series of Bonds issued pursuant to the authority of this Resolution shall be issued not later than December 31, 2012. Each series of Bonds shall be dated the date as may be determined by the County Administrator or the Director, either of whom may act, shall be in registered form, in denominations of $5,000 and multiples thereof, and shall be numbered R-1 upward. The County Administrator or the Director, either of whom may act, shall determine the principal amount and maturity and redemption schedule of each series of the Bonds; provided, however, that the aggregate principal amount of all Bonds issued pursuant to this resolution shall not exceed $70,625,000. Each Bond shall bear interest at such rate as shall be determined at the time of sale, payable semiannually on dates determined by the County Administrator or the Director, either of whom may act, calculated on the basis of a 360-day year of twelve 30-day months. Principal and premium, if any, shall be payable to the

- 2 - Attachment A A1-2 registered owners upon surrender of Bonds as they become due at the office of the Registrar, as hereinafter defined. Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on the date prior to each interest payment date that shall be determined in accordance with Section 8 (the “Record Date”). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America.

Initially, one Bond certificate for each maturity of each series of the Bonds shall be issued to and registered in the name of The Depository Trust Company, a New York corporation (“DTC”), or its nominee. The County is authorized to enter into a Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. “Securities Depository” shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section.

So long as there is a Securities Depository for the Bonds (a) it or its nominee shall be the registered owner of the Bonds, (b) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (c) the Registrar and the County shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (d) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (e) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Letter of Representations such provisions of the Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control.

In the event that the Securities Depository determines not to continue to act as the securities depository for the Bonds or the County determines to select a new Securities Depository, then the County Administrator or the Director, either of whom may act, shall attempt to locate another qualified securities depository to serve as Securities Depository and shall authenticate and deliver certificated Bonds to the new Securities Depository. In the event that the County determines to discontinue a book-entry system for the Bonds, then the County shall deliver Bonds in certificated form to or for the benefit of the beneficial owners of the Bonds.

In any event, the Bonds delivered shall be substantially in the form provided for in Section 5; provided, however, that such form shall provide for interest on the Bonds to be payable (1) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (2) otherwise from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the County Administrator or the Director, shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7.

- 3 - Attachment A A1-3 3. Redemption Provisions. All or a portion of each series of the Bonds may be subject to redemption prior to maturity at the option of the County on or after dates, if any, determined by the County Administrator or the Director, either of whom may act, in whole or in part at any time at a redemption price equal to the principal amount of the Bonds to be redeemed, together with any accrued interest to the redemption date plus a redemption premium not to exceed 2% of the principal amount of the Bonds to be redeemed. All or a portion of each series of the Bonds may be noncallable. Such redemption provisions, including whether any Bonds are callable for optional redemption, the redemption dates, if any, and redemption premium, if any, shall be determined by the County Administrator or the Director, either of whom may act.

Any term bonds may be subject to mandatory sinking fund redemption as determined by the County Administrator or the Director, either of whom may act.

If less than all of the Bonds of a series are called for redemption, the Bonds to be redeemed shall be selected by the County Administrator or the Director, either of whom may act, in such manner as he may determine to be in the best interest of the County. If less than all the Bonds of a particular maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000.

The County shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 days nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The County shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified securities depository then serving or its nominee unless no qualified securities depository is the registered owner of the Bonds. If no qualified securities depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof.

If, at the time of mailing of the notice of any optional redemption, there has not been deposited with an escrow agent moneys sufficient to redeem all the Bonds called for redemption, the notice may state that it is conditional on the deposit of the redemption moneys with the escrow agent not later than the redemption date. Such notice will be of no effect and the redemption price for such optional redemption will not be due and payable unless such moneys are so deposited.

4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Chairman or Vice-Chairman of the Board, shall be countersigned by the manual or facsimile signature of the Clerk or Deputy Clerk of the Board and the Board’s seal shall be affixed thereto or a facsimile thereof printed thereon; provided, however, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the

- 4 - Attachment A A1-4 manual signature of an authorized officer or employee of the Registrar and the date of authentication noted thereon.

5. Bond Form. The Bonds shall be in substantially the form set forth as Exhibit A hereto.

6. Pledge of Full Faith and Credit. The full faith and credit of the County are irrevocably pledged for the payment of principal of and premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the Board shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the County sufficient to pay the principal of and premium, if any, and interest on the Bonds.

7. Registration, Transfer and Owners of Bonds. The County Administrator or the Director, either of whom may act, is authorized to select a bank or trust company as paying agent and registrar for each series of the Bonds (the “Registrar”). The Registrar shall maintain registration books for the registration and registration of transfers of Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the County shall execute and the Registrar shall authenticate, if required by Section 4, and deliver in exchange, a new Bond or Bonds of the same series, having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and registered in names as requested by the then registered owner or his duly authorized attorney or legal representative. Any such exchange shall be at the expense of the County, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto.

The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the registration books as of the Record Date.

8. Sale of Bonds. The Board approves the following terms of the sale of the Bonds. Each series of the Bonds may be sold by competitive bid or by negotiation with one or more underwriters and in one or more series, all as may be determined by the County Administrator or the Director, either of whom may act.

If any series of Bonds is sold by negotiation, the Bonds shall be sold at such price determined to be in the best interest of the County by the County Administrator or the Director, either of whom may act, and if such Bonds are sold competitively, the County Administrator or the Director, either of whom may act, shall receive bids for such Bonds and award such Bonds to the bidder providing the lowest “true” or “Canadian” interests costs, all subject to the limitations set forth in Section 1. The Board further authorizes the County Administrator or the Director, either of whom may act, to (a) reduce the aggregate principal amount of the Bonds, (b) determine the maturity schedule of the Bonds including the amount of Bonds issued for each component of

- 5 - Attachment A A1-5 the Project, (c) establish the redemption provisions, if any, for the Bonds, (d) determine the dated date, maturity dates, interest payment dates and Record Date for the Bonds, and (e) determine whether the Bonds will be issued on a tax-exempt or taxable basis.

If any series of Bonds is sold by negotiation, the County Administrator or the Director, either or whom may act, is authorized to appoint one or more underwriters as book-running senior manager, co-senior managers or co-managers, all as he may determine to be in the best interest of the County. Furthermore, if the Bonds are sold by negotiation, the County Administrator or the Director, either of whom may act, is authorized to execute a bond purchase agreement (the “Bond Purchase Agreement”) and deliver it to the underwriters of the Bonds. The Bond Purchase Agreement shall set forth the final terms of the Bonds and be in a form approved by the County Administrator or the Director, either of whom may act, in collaboration with the County Attorney and the County’s bond counsel, and the execution thereof by the County Administrator or Director shall evidence his approval of such agreement. If the Bonds are sold by competitive bid, the County Administrator or the Director, either of whom may act, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to have prepared and distributed, in accordance with standard practices of municipal securities, a notice of sale (the “Notice of Sale”) to advertise the Bonds for sale. Each Bond Purchase Agreement or Notice of Sale, as applicable, shall be in a form that is not inconsistent with the provisions of this Resolution and as the County Administrator or the Director, either of whom may act, may consider to be in the best interest of the County.

The actions of the County Administrator and the Director in selling the Bonds shall be conclusive, and no further action shall be necessary on the part of the Board.

9. Official Statement. A draft of a Preliminary Official Statement describing the Bonds, copies of which have been provided to the members of the Board, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the County Administrator or the Director, either of whom may act, may consider appropriate. After the Bonds have been sold, the County Administrator or the Director, either of whom may act, in collaboration with the Financial Advisor, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement, execution thereof by the County Administrator or the Director, either of whom may act, to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The County shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement, within seven business days after the Bonds have been awarded, for delivery to each potential investor requesting a copy of the Official Statement and to each person to whom such purchaser and members of its group initially sell Bonds.

10. Official Statement Deemed Final. The County Administrator or the Director, either of whom may act, is authorized, on behalf of the County, to deem the Preliminary Official Statement and the Official Statement in final form, each to be final as of its date within the meaning of Rule 15c2-12 (the “Rule”) of the Securities and Exchange Commission (the “SEC”), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to such the Rule. The distribution of the

- 6 - Attachment A A1-6 Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the County, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to the Rule.

11. Preparation and Delivery of Bonds. After bids have been received with respect to a series of Bonds and the Bonds have been awarded, or the Bond Purchase Agreement has been executed, the Chairman or Vice Chairman and the Clerk or Deputy Clerk of the Board are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor.

12. Tax Certificate and Tax Covenants. If the County Administrator or the Director, either of whom may act, determines that it is in the best interest of the County to issue a series of the Bonds on a tax-exempt basis, then the County Administrator or the Director, either of whom may act, on behalf of the County, shall covenant that, in order to maintain the exclusion from gross income for Federal income tax purposes of the interest on the Bonds, the County will satisfy, or take such actions as are necessary to cause to be satisfied, each provision of the Internal Revenue Code of 1986, as amended (the “Code”), necessary to maintain such exclusion. In addition, in furtherance of such covenant, the County Administrator or the Director, either of whom may act, shall agree, on behalf of the County, to comply with such written instructions as may be provided by the County’s bond counsel. In furtherance of the covenant contained in the preceding sentence, the County Administrator or the Director, either of whom may act, on behalf of the County, shall agree to continually comply with the provisions of the “Tax Certificate as to Arbitrage and the Provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986” to be executed by the County in connection with the execution and delivery of the Bonds, as amended from time to time.

In the event that the County Administrator or the Director, either of whom may act, determines that it is in the best interest of the County to issue a series of the Bonds on a tax- exempt basis, the County Administrator or the Director, either of whom may act, on behalf of the County, shall covenant that no part of the proceeds of the Bonds shall be used, directly or indirectly, to acquire any “investment property,” as defined in section 148 of the Code, which would cause the Bonds to become “arbitrage bonds” within the meaning of section 148 of the Code or under applicable Treasury regulations promulgated thereunder. Furthermore, upon such determination, in order to assure compliance with the rebate requirement of section 148 of the Code, the County Administrator or the Director, either of whom may act, on behalf of the County, shall further covenant that the County will pay or cause to be paid to the United States Treasury Department the amounts necessary to satisfy the requirements of section 148(f) of the Code, and that it will establish such accounting procedures as are necessary to adequately determine, account for and pay over any such amount or amounts required to be paid to the United States in a manner consistent with the requirements of section 148 of the Code, such covenant to survive the defeasance of the Bonds.

13. Deposit of Bond Proceeds and SNAP Investment Authorization. The Board has determined to authorize the Treasurer (the “Treasurer,” as used herein, the term Treasurer shall include all Deputy Treasurers) to have the option to utilize the State Non-Arbitrage

- 7 - Attachment A A1-7 Program of the Commonwealth of Virginia (“SNAP”) in connection with the investment of the proceeds of the Bonds. The County Administrator or the Director, either of whom may act, is authorized and directed, as appropriate, (a) to provide for the separation of a portion of the proceeds of the Bonds in a special account to be used to pay the costs of the Project and (b) to provide for the separation of a portion of the proceeds of the Bonds in a special account to be used to pay the costs of issuing the Bonds. The Board acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the County in connection with SNAP, except as otherwise provided in the documents provided in connection with SNAP.

14. Continuing Disclosure. The County Administrator or the Director, either of whom may act, is hereby authorized and directed to execute a continuing disclosure agreement setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary to assist the purchasers of the Bonds in complying with the provisions of the Rule. Such continuing disclosure agreement shall be substantially in the form of Appendix C to the Preliminary Official Statement, with such completions, omissions, insertions and changes that are not inconsistent with this Resolution.

15. Reimbursement Declaration. The County may make certain expenditures in connection with the Project out of temporary funds. To the extent it makes such expenditures, the County reasonably expects to be reimbursed for the expenditures, as permitted by Treasury Regulation Section 1.150-2, from the proceeds of a tax-exempt or taxable financing. The financing is in an amount presently estimated not to exceed $70,625,000.

16. Other Actions. All other actions of officers of the County and the Board in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the County are authorized and directed to execute and deliver all certificates and instruments and to take all action necessary or desirable in connection with the issuance, sale and delivery of the Bonds.

17. Filing of Resolution. The Clerk of the Board of Supervisors, in collaboration with the County Attorney, is authorized and directed to see to the immediate filing of a certified copy of this Resolution in the Circuit Court of Loudoun County.

18. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed.

- 8 - Attachment A A1-8 19. Effective Date. This Resolution shall take effect immediately.

The undersigned Clerk of the Board of Supervisors of Loudoun County, Virginia, certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on ______, 2012, and of the whole thereof so far as applicable to the matters referred to in such extract.

WITNESS my signature and the seal of the Board of Supervisors of Loudoun County, Virginia, this ___ day of ______2012.

______(SEAL) Clerk, Board of Supervisors of Loudoun County, Virginia

- 9 - Attachment A A1-9

EXHIBIT A

Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), any transfer, pledge, or other use hereof for value or otherwise by or to any person is wrongful inasmuch as the registered owner hereof, Cede & Co., has an interest herein.

REGISTERED REGISTERED

No. R-__ $______

UNITED STATES OF AMERICA

COMMONWEALTH OF VIRGINIA

LOUDOUN COUNTY

General Obligation Public Improvement Bond, Series [____]

INTEREST RATE MATURITY DATE DATED DATE CUSIP

____% ______, 20__ 545896___

REGISTERED OWNER: CEDE & CO.

PRINCIPAL AMOUNT:

Loudoun County, Virginia (the “County”), for value received, promises to pay, upon surrender hereof, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay interest hereon semiannually on each ______and ______, beginning ______, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day-months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by ______, who has been appointed Registrar (the “Registrar”).

Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by DTC, and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the County’s Letter of Representations to DTC.

A-1 Attachment A A1-10

This bond is one of an issue of $______General Obligation Public Improvement Bonds, Series [___], of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991 (Chapter 26, Title 15.2). The Bonds were approved by the qualified voters of the County at referenda held on November 4, 2008, November 2, 2010, and May 17, 2011 and are authorized by a resolution adopted by the Board of Supervisors of the County (the “Board”) on ______, 2012, to finance, in whole or in part, capital projects for school and other public purposes and to pay related issuance costs, as described therein.

Bonds maturing on or before ______are not subject to redemption prior to maturity. Bonds maturing on or after ______are subject to redemption prior to maturity at the option of the County on or after ______, in whole or in part at any time, upon payment of the following redemption prices (expressed as a percentage of principal amount of Bonds to be redeemed) plus interest accrued and unpaid to the redemption date:

Period During Which Redeemed Redemption Both Dates Inclusive Price

If less than all of the Bonds are called for redemption, the bonds to be redeemed shall be selected by the County Administrator (or the Deputy County Administrators) or the Director of Management and Financial Services (or the Deputy Director or Controller) any of whom may act, of the County in such manner as he may determine to be in the best interest of the County. If less than all of the bonds of a particular maturity are called for redemption, the bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry-only-system is discontinued, the bonds to be redeemed shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting bonds for redemption, each bond shall be considered as representing that number of bonds that is obtained by dividing the principal amount of such bond by $5,000.

The County shall cause notice of the call for redemption identifying the bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner of the bonds. If, at the time of mailing of the notice of any optional redemption, there has not been deposited with an escrow agent moneys sufficient to redeem all the Bonds called for redemption, the notice may state that it is conditional on the deposit of the redemption moneys with the escrow agent not later than the redemption date. Such notice will be of no effect and the redemption price for such optional redemption will not be due and payable unless such moneys are so deposited.

The full faith and credit of the County are irrevocably pledged for the payment of principal of and premium, if any, and interest on this bond.

A-2 Attachment A A1-11

The Registrar shall treat the registered owner of this bond as the person exclusively entitled to payment of principal of and premium, if any, and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as the owner on the registration books on the fifteenth day of the month preceding each interest payment date.

All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia.

A-3 Attachment A A1-12

IN WITNESS WHEREOF, the Board of Supervisors of Loudoun County, Virginia, has caused this bond to be issued in the name of Loudoun County, Virginia, to be signed by its Chairman, to be countersigned by its Clerk, its seal to be affixed hereto and this bond to be dated ______, 20__.

COUNTERSIGNED:

______(SEAL) ______Clerk, Board of Supervisors Chairman, Board of Supervisors of Loudoun County, Virginia Loudoun County, Virginia

A-4 Attachment A A1-13

ASSIGNMENT

FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto ______(Please print or type name and address, including postal zip code, of Transferee)

PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE:

______: : : : : : the within bond and all rights thereunder, hereby irrevocably constituting and appointing ______, Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises.

Dated: ______

Signature Guaranteed

______NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union, correspond with the name of the or Savings Association who is a registered owner as it appears on the member of a medallion program front of this bond in every particular approved by The Securities Transfer without alteration or enlargement Association, Inc. or any change whatsoever.

A-5 Attachment A A1-14

Date of Meeting: July 3, 2012

# 6c

BOARD OF SUPERVISORS ACTION ITEM

SUBJECT: FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE REPORT: Loudoun Health Council Proposed FY13 Community Health Improvement Plan (CHIP) Initiatives

ELECTION DISTRICT: Countywide

CRITICAL ACTION DATE: None

STAFF CONTACT: David Goodfriend, Director, Health Department

RECOMMENDATION:

Committee: At the June 11, 2012 Finance/Government Services and Operations Committee meeting, the Committee voted 4-0-1 (York absent) to recommend to the Board of Supervisors that the Loudoun Health Council’s proposed FY13 CHIP initiatives be approved as listed in Attachment 1.

Staff: Staff recommends that the Board of Supervisors approve the Loudoun Health Council’s proposed FY13 CHIP initiatives as listed in Attachment 1. ______BACKGROUND: On July 1, 2008 the Board of Supervisors endorsed having the Health Council partner with the Health Department on a countywide public health needs assessment process, dubbed “Loudoun Health Check”. In September 2011, the Loudoun Health Council began working with the Loudoun County Health Department on a Community Health Improvement Plan (CHIP), which built upon the completed assessments. The Health Council approved the CHIP at its January 2012 meeting with the following four priority issues that were derived directly from the key community needs and concerns identified in the assessments: • Increasing Access to and Timely Utilization of Health Care Services • Ensuring a Safe, Healthy and Accessible Environment • Improving Nutrition and Physical Activity • Promoting Healthy Families in Healthy Communities

At its March 20, 2012 Public Input and General Business Meeting, Dr. Goodfriend from the Health Department provided copies of the Loudoun County CHIP and accompanying PowerPoint presentation provided at the March 9, 2012 Finance/Government Services Operations (FGSO) Committee meeting. The Board of Supervisors voted to approve the recommendation of the FGSO to not endorse the CHIP and requested that the Health Department and Loudoun Health Council

Loudoun Health Council Proposed FY13 CHIP Initiatives Board of Supervisors July 3, 2012 Page 2 of 4 identify five specific objectives out of the CHIP on which to focus, with Lyme disease listed as the #1 priority, and to bring those objectives back to the FGSO Committee (8-0-1).

At its April 12 Meeting, the Loudoun Health Council voted to create a CHIP workgroup to draft five initiatives tied to specific CHIP objectives. This workgroup met three times between April 19 and 26 and drafted the proposed initiatives, which included for each a rationale, related specific CHIP objective and proposed action steps. The Loudoun Health approved the draft 13-0 at its May 10 meeting, which is included as Attachment 1. The five proposed FY13 initiatives include: • Educate Community on Steps Residents Can Take to Stay Safe From Lyme Disease • Increase Awareness of the Importance of Drinking Safe Well Water • Promote the Value of Children and Adults Receiving Preventive Health Services, With a Focus on Dental Health • Reduce Gaps and Duplication of Services Among Safety Net Providers • Promote Healthy Food Choices by Identifying and Increasing Available Community Resources

FISCAL IMPACT: Depending on its scope and methodology, the proposed Lyme disease awareness surveys may require additional funding. The remaining initiatives can be accomplished with existing Health Department funds and staffing.

ALTERNATIVES: 1. Approve the Loudoun Health Council’s proposed FY13 CHIP initiatives as listed in Attachment 1.

2. Approve the Loudoun Health Council’s proposed FY13 CHIP initiatives as amended.

3. Do not approve the Loudoun Health Council’s proposed FY13 CHIP initiatives.

DRAFT MOTION: 1. I move the recommendation of the Finance/Government Services and Operations Committee that the Board of Supervisors approve the Loudoun Health Council’s proposed FY13 CHIP initiatives as listed in Attachment 1.

2. I move an alternative motion.

ATTACHMENT: 1. Loudoun Health Council Proposed FY13 CHIP Initiatives

Loudoun Health Council Proposed FY13 CHIP Initiatives Board of Supervisors July 3, 2012 Attachment 1 Page 3 of 4

Loudoun Health Council Proposed FY13 CHIP Initiatives

1. Educate Community on Steps Residents Can Take to Stay Safe From Lyme Disease a. Rationale: Over 200 cases of Lyme disease are reported each year in Loudoun County, representing approximately 25% of reported cases in Virginia in 2011. The impact of this infection in our community can be limited through awareness of how to prevent infection and when to seek treatment. b. Related CHIP Objective: Increase awareness of Lyme disease and other arboviral infections c. Proposed Action Steps: i. Create workgroup with representatives of Loudoun’s Health Council, Lyme Commission, Health Department, Department of Parks, Recreation & Community Services, and others ii. Create, distribute and evaluate a baseline community Lyme awareness survey iii. Distribute Lyme disease information to Loudoun County residents, businesses and health care providers through print and electronic means iv. Distribute and evaluate a post-intervention community Lyme awareness survey v. Focus on preventive health services at the 2013 Health for Life Day event 2. Increase Awareness of the Importance of Drinking Safe Well Water a. Rationale: There are over 16,000 known private drinking water wells in Loudoun County. These wells are dependent on clean groundwater to provide safe drinking water to many Loudoun residents. Periodic well water testing and limiting groundwater contamination through such actions as safe medication disposal are crucial to reducing the health risk from this important water source. b. Related CHIP Objective: Increase awareness of the benefits of periodic well water testing c. Proposed Action Steps: i. Distribute information on proper medication disposal ii. Partner with Health Department and Extension Office on providing information on the benefits of periodic well water testing iii. Partner with local law enforcement to promote Drug Take Back Days and to coordinate a Take Back Day with the Health Council’s Health for Life Day event 3. Promote the Value of Children and Adults Receiving Preventive Health Services, With a Focus on Dental Health a. Rationale: Preventive health services have been demonstrated to improve the quality and duration of individuals’ lives. The recommendations of the US Preventive Services Task Force were developed to reduce morbidity and mortality in children and adults. b. Related CHIP Objective: Increase awareness of recommended schedules for preventive health care services c. Proposed Action Steps: i. Partner with the Loudoun Community Health Center on the Fall for Smile campaign to promote dental self-care, healthy nutrition, routine dental visits, and stopping tobacco use. ii. Review the US Preventive Services Task Force recommendations for children and adults iii. Review Loudoun County’s health ranking at www.countyhealthrankings.org to determine areas of focus

Loudoun Health Council Proposed FY13 CHIP Initiatives Board of Supervisors July 3, 2012 Attachment 1 Page 4 of 4 iv. Create or obtain information on preventive health services that can be distributed to Loudoun residents v. Distribute health information by print and electronic means to Loudoun residents vi. Focus on preventive health services at the 2013 Health for Life Day event 4. Reduce Gaps and Duplication of Services Among Safety Net Providers a. Rationale: Safety net providers are defined by the Institute of Medicine (IOM) as “providers that by mandate or mission organize and deliver a significant level of health care and other health-related services to the uninsured, Medicaid, and other vulnerable patients.” There are a number of safety net providers in Loudoun County, many of whom receive funding by the Loudoun County government to minimize barriers to service access. b. Related CHIP Objectives: i. Increase number of available dental slots for low income Loudoun County residents ii. Reduce the number of maternity patients who deliver without prenatal care c. Proposed Action Steps: i. Create a workgroup comprised of the Health Council’s safety net providers ii. Define Loudoun County safety net providers and invite them to participate in workgroup iii. Define safety net populations to be addressed and services provided to these populations iv. Identify gaps and overlap in services v. Create recommendations for reducing gaps and duplication vi. Promote available safety net services at the 2013 Health for Life Day event 5. Promote Healthy Food Choices by Identifying and Increasing Available Community Resources a. Rationale: According to a study by the Trust for America’s Health, the obesity rate in Virginia was 25.9% in 2010, which represents an increase from 18.7% in 2000 and 11.3% in 1990. Obesity is linked to a range of health hazards, such as diabetes, heart, kidney and liver disease, and cancer. Healthy eating can help reverse or prevent many of these problems. b. Related CHIP Objective: Increase the number of medical offices that are aware of available resources on nutrition and physical activity c. Proposed Actions Steps: i. Identify existing resources in the community that provide information and training on making healthy food choices ii. Identify resource gaps and areas for improvement iii. Increase awareness of resources providing healthy food choices, including a specific outreach to the medical community iv. Promote healthy food choices at the 2013 Health for Life Day event

Date of Meeting: July 3, 2012

BOARD OF SUPERVISORS ACTION ITEM # 7a

SUBJECT: Transportation and Land Use Committee Report: Traffic Mitigation from Sycolin Road Overpass Project Construction

ELECTION DISTRICT: Catoctin/Leesburg

CRITICAL ACTION DATE: At the pleasure of the Board

STAFF CONTACTS: Dale Castellow, Office of Transportation Services Andy Beacher, Office of Transportation Services

RECOMMENDATIONS:

Committee: At the June 15, 2012 Transportation and Land Use Committee (TLUC) meeting, the Committee members voted 5-0 to recommend to the Board of Supervisors that they authorize a matching contribution to the Town of Leesburg, up to the amount of $600,000, as Loudoun County’s share of the cost of infill construction of Miller Drive between Blue Seal Drive and Tolbert Lane, that staff be directed to process the payment to the Town, that the County Administrator be directed to discuss funding options with the Town Manager, and that should the Town apply for state Airport Access Program Funds for the purpose of infill construction of Miller Drive, that the Board of Supervisors endorse the application to the Virginia Department of Transportation’s Local Assistance Division. The Committee also voted 5-0 to recommend to the Board of Supervisors that the Board amend the Capital Improvement Program to accelerate construction of the segment of Kincaid Boulevard to Crosstrail Boulevard from FY18 to FY14 and to direct staff to review swapping funds from Crosstrail to Claudia, known as Segment 1, to the Kincaid to Crosstrail section, known as Segment 4, subject to financial review of the implications that moving the project back to its original position will have on the CIP.

Staff: Staff recommends that the Board of Supervisors endorse the recommendation passed by the Leesburg Town Council on June 26, 2012 (outlined in this item) and direct County staff to work with Town staff to develop an agreement to use proffer funds paid by the Villages at Leesburg development, currently held by the Town of Leesburg, under the Area Annexation Development Agreement (AADP) for the Miller Drive extension project. Staff also recommends the Board of Supervisors amend the Capital Improvement Program (CIP) to accelerate construction of Crosstrail Boulevard from Claudia Drive up to, and including, Kincaid Boulevard from FY18 to FY14 by swapping funds for the Crosstrail Boulevard segment from Sycolin Road to Claudia Drive, known as segment 1, to the segments of Crosstrail Boulevard from Claudia Drive to Kincaid Boulevard, known as segment 2, and Kincaid Boulevard from its current terminus to Crosstrail Boulevard, known as Segment 4.

Item # 7a: TLUC Report: Traffic Mitigation from Sycolin Road Overpass Project Construction Board of Supervisors Business Meeting July 3, 2011 Page 2 of 4

BACKGROUND:

At its June 5, 2012 meeting, the Board of Supervisors forwarded the subject Board-initiated item from Supervisor Reid (Attachment 1), to the Transportation and Land Use Committee (TLUC) to review potential traffic issues related to the Sycolin Road Overpass Project and the mitigation thereof.

The purpose of the Sycolin Road Overpass Project is to improve safety and traffic flow by building a bridge (overpass) to carry Sycolin Road traffic over the Route 7/15 Bypass. The project would eliminate the intersection at Sycolin Road, including the traffic signal and turn lanes, from the Bypass to and from Sycolin Road. The overpass itself would include two northbound and two southbound travel lanes, 12 feet each in width, a sidewalk adjacent to the southbound lanes, and a barrier-separated bicycle/pedestrian path along the northbound lanes.

Construction of the overpass will close down Sycolin Road completely at the Route 7 Bypass for approximately 14 months, starting in mid-2013, between Hope Parkway and Gateway Drive. Supervisor Reid is concerned that the closure of Sycolin Road may cause substantial traffic congestion on Sycolin Road, and at the intersections of Battlefield Parkway and Route 7, Battlefield Parkway and Sycolin Road, and Battlefield Parkway and Tavistock Drive.

Mitigation options suggested for review included, but were not limited to, 1) infill completion of Miller Drive from Blue Seal Drive to Tolbert Lane (currently proffered, but unlikely to be constructed in the near future), and 2) acceleration of the segment of Crosstrail Boulevard from Claudia Drive to Kincaid Boulevard. It is noted that the item also proposed the potential use of a State funding program, the Airport Access Road Program, as a mechanism for funding a portion of the Miller Drive option. This program offers up to a maximum of $650,000 ($500,000 plus $150,000 locally matched).

At the June 15, 2012 meeting of the TLUC, staff from VDOT and the Office of Transportation Services discussed the proposed traffic mitigation plan developed by VDOT and the challenges of implementing the proposed mitigation options. Upon conclusion of the staff’s comments, Supervisor Higgins moved that the TLUC recommend to the Board of Supervisors, at the July 3, 2012 meeting, that the Board authorize a matching contribution to the Town of Leesburg, up to the amount of $600,000, as Loudoun County’s share of the cost of infill construction of Miller Drive between Blue Seal Drive and Tolbert Lane and to direct staff to process payment to the Town of Leesburg. The Town Manager and County Administrator were to investigate appropriate funding options. Supervisor Higgins further moved that the TLUC recommend to the Board of Supervisors, at its July 3, 2012 meeting, that should the Town of Leesburg apply for state Airport Access Program Funds for the purpose of infill construction of Miller Drive, between Blue Seal Drive and Tolbert Lane, that the Board of Supervisors endorse the Town of Leesburg’s application to the VDOT’s Local Assistance Division. This motion was approved by the committee 5-0.

As for the second component of the mitigation options, acceleration of Crosstrail Boulevard, from Claudia Drive up to, and including, Kincaid Boulevard, Supervisor Higgins moved that the Item # 7a: TLUC Report: Traffic Mitigation from Sycolin Road Overpass Project Construction Board of Supervisors Business Meeting July 3, 2011 Page 3 of 4

TLUC recommend to the Board of Supervisors “that the Board amend the Capital Improvement Program to accelerate construction of the segment of Kincaid Boulevard to Crosstrail Boulevard from FY18 to FY14 and to direct staff to review swapping funds from Crosstrail to Claudia, known as Segment 1, to the Kincaid to Crosstrail section, known as Segment 4, subject to financial review of the implications that moving the project back to its original position will have on the CIP.” This motion was approved by the committee 5-0. It is noted that staff has clarified this motion in its recommendation to the Board to capture the intent of the maker of the motion, and to reflect the road segments as shown in Attachment 2.

Subsequent to the June 15, 2012 TLUC meeting the Town Manager and County Administrator met to discuss funding options. Upon further review of the State’s Airport Access Grant Program Guidelines, it was determined the Miller Drive extension project may not meet all requirements. The Town Manager and County Administrator are recommending the use of proffer funds provided by the development of the Villages at Leesburg under the terms of the Town/County Area Annexation Development Agreement currently held by the Town be used for to fund the Miller Drive extension project. The amount of proffer funding available is close to the $1.2 million project cost estimate.

ISSUES:

On June 26th, the Leesburg Town Council unanimously approved the following motion regarding the extension of Miller Drive:

The Town Council supports the completion of the Miller Drive extension from Blue Seal Drive to Tolbert Lane and will devote the necessary staff resources to manage the design and construction of this project under the following conditions and directions:

o That the Town Council establish a capital project for the Miller Drive Extension from Blue Seal Drive to Tolbert Lane. o That an agreement be negotiated with the developer for the dedication of the necessary right-of-way and easements at no cost to the Town for the completion of Miller Drive to Tolbert Lane and other considerations; and, o That an agreement between the County and the Town be developed for final action that commits the proffer funds currently held by the Town from the AADP agreement as applied to the Village at Leesburg. These funds, currently in possession of the Town would be fully appropriated to this capital project.

Because this action by the Town Council occurred subsequent to the June 15th TLUC meeting, staff has developed a motion that supplements the TLUC recommendation and more specifically identifies the funding source. The Board can, therefore, direct County staff to work with the Town on development of an agreement regarding the use of the Villages at Leesburg proffer funds.

Regarding Crosstrail and Kincaid Boulevards, staff has reviewed the implications of moving the project back to FY14 on the CIP and found that this action can be made without negative Item # 7a: TLUC Report: Traffic Mitigation from Sycolin Road Overpass Project Construction Board of Supervisors Business Meeting July 3, 2011 Page 4 of 4

implications to the CIP. However, staff notes that under current projections, it is estimated that the subject sections of Crosstrail and Kincaid Boulevards would not be completed in time to provide impactful relief to traffic diverted as a result of the Sycolin Road Overpass Project. As a result, staff is investigating options to further accelerate the construction of the subject sections of Crosstrail and Kincaid Boulevards by moving the project to FY13. Staff is currently awaiting information from its consultant to determine whether this option is feasible. Once obtained, staff will advise the Board of the feasibility of this option.

FISCAL IMPACT:

The estimated cost for the connection of Miller Drive to Tolbert Lane is $200,000 for design and $1 million for construction. The TLUC has recommended that the Board of Supervisors contribute $600,000 to the Town of Leesburg toward the construction of the Miller Drive extension. At this time, the Village of Leesburg proffer, upon completion and execution of an agreement between the Town and the County, can be used as the funding source. The estimated cost for the Crosstrail Boulevard segment from Claudia Drive to Kincaid Boulevard, including Kincaid Boulevard is $11 to $12 million.

DRAFT MOTIONS:

1a. I move that the Board of Supervisors direct County staff to work with the Town staff on development of an agreement regarding the use of the Villages at Leesburg proffer funds for the Miller Drive extension project.

AND

1b. I move the Board of Supervisors amend the Capital Improvement Program to accelerate construction of Crosstrail Boulevard from Claudia Drive up to, and including, Kincaid Boulevard from FY18 to FY14 by swapping funds for the Crosstrail Boulevard segment from Sycolin Road to Claudia Drive, known as segment 1, to the segments of Crosstrail Boulevard from Claudia Drive to Kincaid Boulevard, known as segment 2, and Kincaid Boulevard from its current terminus to Crosstrail Boulevard, known as Segment 4.

2. I move an alternate motion.

ATTACHMENT:

1. Supervisor Reid’s June 5, 2012 Board-Initiated Item (Includes Segment Map) Date of Meeting: June 05, 2012

BOARD OF SUPERVISORS ACTION ITEM BOARD MEMBER INITIATIVE #24

SUBJECT: Traffic Mitigation from Sycolin Road Overpass Project Construction

ELECTION DISTRICT: Catoctin and Leesburg

CRITICAL ACTION DATE: June 05, 2012

RECOMMENDATIONS: Supervisor Higgins and Supervisor Reid recommend approval

STAFF CONTACT: Chad Campbell, Aide to Supervisor Reid ______

BACKGROUND: The Sycolin Road Overpass Project is to improve safety and traffic flow by building a bridge to carry Sycolin Road traffic over the Route 7/15 Bypass. The project would eliminate the intersection at Sycolin Road including the traffic signal and turn lanes from the Bypass to and from Sycolin Road. Motorists on Sycolin Road would use the Battlefield Parkway or Dulles Greenway to access the Bypass. The overpass would include two northbound and two southbound 12-foot travel lanes, a sidewalk adjacent to the southbound lanes, and a barrier-separated bicycle/pedestrian path along the northbound lanes.

Construction of the overpass will close down Sycolin Road completely at the Route 7 Bypass for approximately 14 months starting in mid 2013. The closure of Sycolin Road between Hope Parkway and Gateway Drive may cause substantial traffic congestion on Sycolin Road, and at the intersections of Battlefield Parkway and Route 7, Battlefield Parkway and Sycolin Road, and Battlefield Parkway and Tavistock Drive.

Two preliminary options have been identified for review by the Transportation and Land Use Committee:

1. The missing segment of Miller Drive could be completed, allowing traffic on Sycolin Road quick access to the Greenway and therefore the Route 7 Bypass.

2. The County could choose to accelerate the completion of Crosstrail Boulevard to Kincaid Boulevard which was originally in the CIP slated for completion in FY14, but the Kincaid Boulevard-to-Crosstrail segment was moved during the budget work session on March 21, 2012 out to FY18.

Additionally, the long term transportation interests to the County for these road improvements are enhanced access on Sycolin Road to the Government Support Center, the park and ride lot, Phil Bolen Memorial Park and the Loudoun County Registrar’s Office on Miller Drive.

ISSUES:

The proffer for the completion of Miller Drive is currently tied to the development of the adjacent parcel owned by the National Institute for Automotive Service Excellence. It is unlikely that development will occur there in the near future. The proffer does not require ASE to pay back the Town should the Town expend its own funds to build Miller Drive (payment-in-lieu).

It also may be possible to acquire some funding for Miller Drive through a State program called the Airport Access Road Program. The Airport Access Road Program’s goal is, “improving access to an existing public-use airport.” The maximum funding is $650,000 ($500,000 plus up to $150,000 locally matched) and therefore would only partially fund the Miller Drive road segment. The Board could also consider a letter of support for the Town of Leesburg’s application to this program.

FISCAL IMPACT:

The estimated cost for the connection of Miller Drive to Tolbert Lane is $200,000 for design and $1 million for construction.

The estimated cost for the Crosstrail Boulevard segment from Claudia Drive to Kincaid Boulevard is $6.5 to $7 million.

DRAFT MOTION(S):

1. I move that the Board of Supervisors request Transportation and Land Use Committee review mitigating potential traffic issues directly related to the Sycolin Road Overpass Project, including, but not limited to, infill completion of Miller Drive from Blue Seal Drive to Tolbert Lane and acceleration of the segment of Crosstrail Boulevard from Claudia Drive to Kincaid Boulevard.

2. I move an alternate motion.

ATTACHMENTS:

1. Sycolin Overpass Detour Map 2. Sycolin Overpass Project Public Hearing Brochure 3. Letter from Mayor Umstattd on behalf of the Leesburg Town Council 4. Map of Miller Drive Infill 5. Airport Access Road Program 6. Map of Crosstrail Boulevard Segment

ATTACHMENT 1 Comment period ends – May 2 2012 Total Cost: 7 The purpose of this project is to improve safety and A tributary to Tuscarora Creek crosses beneath Sycolin Approximately $19.6 million Request for design-build proposals – July 2012 traffic flow by building a bridge to carry Sycolin Road Road on the south side of the Bypass. The concrete box traffic over the Route 7/15 Bypass. culvert would be be removed and replaced with a Right of Way Acquisition – Early 2013 triple box culvert to accommodate the high fill. Engineering: Construction – 2013 through 2014 The project would eliminate the intersection at Sycolin $2.6 million Road including the traffic signal and turn lanes from the Utilities along Sycolin Road within the project limits

Bypass to Sycolin Road. Motorists on Sycolin Road would be impacted. Potentially affected utilities would use the Battlefield Parkway or Dulles Greenway include the Town of Leesburg water and sanitary Right of way acquisition and utility relocation: to access the Bypass. sewer lines, Washington Gas lines, Verizon $1.7 million underground fiber optic cables and Dominion Virginia The overpass would include two northbound and two Power facilities. Construction: southbound 12-foot travel lanes, a sidewalk adjacent to $15.3 million the southbound lanes, and a barrier-separated Noise barriers would be constructed along both bicycle/pedestrian path along the northbound lanes. outside shoulders of the Bypass west of the new Cost is subject to change as project development is in bridge. The noise barrier on the eastbound side of the Earth embankments or retaining walls will be Bypass would begin 1,213 feet west of the new bridge, the early design stage. The project is fully funded VDOT ensures nondiscrimination in all programs and constructed along the proposed alignment of Sycolin and the noise barrier on the westbound side would through construction and might include federal funds. activities in accordance with Title VI and VII of the Civil Road. On the Bypass, the median and outside shoulders end 827 feet west of the new bridge. would be modified, drainage would be improved and Rights Act of 1964. guardrail and concrete barriers would be added for about1,600 feet. If you need more information in regards to your civil

rights on this project or special assistance for persons In accordance with the National Environmental Policy with disabilities or limited English proficiency, contact Act (NEPA) and Federal Highway Administration (FHWA) the project manager listed in this brochure. regulations for implementing NEPA (23 CFR Part 771), an environmental document in the form of a

Categorical Exclusion was prepared for the proposed

project. Information concerning the potential effects of the proposed improvements on properties listed in the No residences, farms, businesses or non-profit National Register of Historic Places was also included in organizations will be displaced. Based on best the environmental document in accordance with the available information, it is currently expected that five properties would be impacted by the project. National Historic Preservation Act, Section 106 and 36

CFR 800. The Categorical Exclusion, including other The proposed construction will require purchasing approximately one-fifth (0.21) of an acre of right of environmental information, is available for public way. review and comment at this meeting or by contacting Displays presented at this public hearing show the the project manager listed in this brochure. extent of right of way that may be needed for the project as currently proposed. As design is further developed, additional easements may be required During construction all practicable efforts will be made beyond what is shown in the preliminary plans. to protect the environment with respect to pollution Property owners will be informed of the exact location of the easements during the right of way prevention, temporary construction noise, dust control, acquisition process and prior to construction. siltation and erosion. Construction will conform to Information about right of way purchase is discussed VDOT specifications and special provisions and the in VDOT’s brochure, “Right of Way and Utilities: a Virginia Department of Soil and Water Conservation Guide for Property Owners and Tenants.” Copies of this brochure are available here from a VDOT right regulations. Permits for work in wetlands and streams of way agent. will be obtained prior to construction, and it will be the

responsibility of the contractor to comply with any and all permit conditions during construction. Design Public Hearing

Ten days after this public hearing, May 27, Project information shared here is available for Sycolin Road Overpass 2012, the public comment period will close. review after the meeting at VDOT’s Northern on Route 7/15 Bypass VDOT will review and evaluate any Virginia District Office located at 4975 Alliance information received as a result of this public Drive, Fairfax, VA 22030, VDOT’s Leesburg Town of Leesburg hearing. Residency Office located at 41 Lawson Road, SE, Thursday, May 17, 2012, 6-8 p.m. Leesburg, VA 20175, and at the Town of Leesburg Town Hall www.VirginiaDOT.org Written comments may be submitted in Leesburg, 25 West Market Street, Leesburg, VA 25 West Market Street Leesburg, Virginia 20176 writing to Arifur Rahman at the address 20176 below. Email comments may be sent to [email protected]. Please include “Sycolin Road Overpass” in the subject line. Information must be Welcome to the Virginia Department of affecting them. postmarked, emailed or delivered to VDOT by Transportation’s (VDOT) design public hearing on VDOT representatives are present to discuss the May 27, 2012 in order to be included in proposed plans to build an overpass to carry project and answer your questions. design public hearing record. Sycolin Road over the Route 7/15 Bypass in Leesburg. A comment sheet is included in the handouts for this

meeting, and your input is encouraged. All oral and This public hearing is being held to provide an written comments received on this project will be opportunity for any person, acting on his/her own behalf included in a transcript for review by VDOT personnel, or representing a group or governing agency, to give the citizens and other interested parties. Primary Contact: department comments and/or suggestions on the VDOT Structure and Bridge 4975 Alliance Drive Arifur Rahman, P.E. 703-259-1940 proposed project. VDOT staff will address questions and concerns raised Project Manager Fairfax, VA 22030 [email protected] as a result of this meeting before the project is VDOT strives to ensure that all members of the presented to VDOT’s chief engineer for consideration. community have the opportunity to participate in public VDOT Right of Way & 4975 Alliance Drive decisions on transportation projects and programs Brian Costello 703-259-2986 [email protected] Utilities Fairfax, VA 22030

Joan Morris 4975 Alliance Drive VDOT Public Affairs 703-259-1799 [email protected] Fairfax, VA 22030 Cost – Approximately $19.6 million Purpose – Relieve traffic congestion and improve

safety by replacing the existing signalized intersection on the Route 7/15 Bypass at Sycolin Road with an overpass.

TTY/TDD Dial 711 From – 0.096 miles north of Hope Parkway To – 0.016 miles north of Gateway Drive Total length – 0.398 miles Improvements – The Sycolin Road overpass would include a sidewalk and pedestrian/bicycle path. The © 2012 Commonwealth of Virginia traffic signal on the bypass would be removed. .

Project 6007-053-596, P101, R201, C501, B666 STP-5A01 (229)

DESIGN PUBLIC HEARING

Sycolin Road Overpass on Route 7/15 Bypass Town of Leesburg Thursday, May 17, 2012, 6-8 p.m. Leesburg Town Hall www.VirginiaDOT.org 25 West Market Street Leesburg, VA 20176

PROJECT: State Project 6007-053-S96,P101,R201,C501,B666,D656 Fed ID: STP-5A01(229)

All comments are subject to public disclosure. Name (optional):

Address:

Email:

1. How will the closure of Sycolin Road during construction of the overpass on the Route 7/15 Bypass affect your daily travel?

2. Has access to your property been properly addressed? If not, please provide additional information.

3. Please provide us with any additional information that you believe will assist VDOT in providing a transportation improvement that best serves the traveling public and the community.

4. Do you believe that this meeting helped you understand the project better? What other information would you like to see, if any?

5. How did you hear about this meeting?

Newspaper ____ Direct Mail ____ VDOT Roadway signs ____ Other

Please leave this comment sheet at the designated location or mail your comments within 10 days (postmarked by May 27, 2012) to the addressee on the reverse side.

Virginia Department of Transportation

Arifur Rahman, P.E. Northern Virginia Structure and Bridge

4975 Alliance Drive Fairfax, VA 22030

Kristen C. Umstattd Council Members Mayor David S. Butler Thomas S. Dunn, II Katie Sheldon HammIer Kelly Burk Kevin D. Wright Fernando "Marly" Martinez Vice Mayor

25 West Market Street, Leesburg, VA 20175 . (703) 771-2733/(703) 771-2727 fax . [email protected] . www.leesburgva.gov

May 23,2012

Chairman Scott York Loudoun County Board of Supervisors 1 Harrison Street SE Leesburg, Virginia 20176

RE: Miller Drive Extension

Dear Chairman York & Members of the Board of Supervisors:

Leesburg District Supervisor Ken Reid has offered to explore the possibility of County or State funding for the extension of Miller Drive, from its terminus at Blue Seal Drive to Tolbert Lane.

There is a proffer for the completion of Miller Drive, but that proffer is tied to the development of the adjacent parcel owned by the National Institute for Automotive Service Excellence. Given the current economic climate, it is unlikely that there will be development of that parcel for at least five years.

Since the opening of Bolen Park and the Sycolin Road Park & Ride Lot, there has been a significant increase in traffic flow on Sycolin Road. The completion of Miller Drive will relieve congestion at the Miller Drive and Sycolin intersection by providing an alternate route for traffic to and from the Airpark Business Center. This extension of Miller Drive will directly benefit the Loudoun County Registrar's Office, which is located at 750 Miller Drive, particularly during peak voter registration and absentee voting times prior to general elections.

The engineering and design work for the extension of Miller Drive is partially complete, and our Capital Project staff estimate that it would take $200,000 and six to eight months to complete the design work. Construction costs are estimated at $1 million.

The Leesburg Town Council requests funding in the amount of $1.2 million for the completion of the Miller Drive extension. If that amount is not available, we request $200,000 for engineering and design services and an endorsement of the Town's application to VDOT for funding through the Airport Access Road program. In addition, in the interest of improving traffic flow for the entire Sycolin Road corridor, we also request the acceleration of the traffic signal warrant study for the Loudoun Center Place and Sycolin Road intersection. Please advise us as to how the Town can assist in this process.

Very sincerely yours, ~0GAJ~ Kristen C. Umstattd Mayor

Hometown of the 21st Century

Airport Access Program Guide

Administered by the Local Assistance Division Virginia Department of Transportation

For additional information, contact:

VDOT Manager (Residency Administrator or other local VDOT designee) Virginia Department of Transportation

Local Assistance Division Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 (804) 786-2746 http://www.virginiadot.org/business/local-assistance.asp

Table of Contents Page I. PURPOSE ...... 1 II. DEFINITIONS ...... 1 A. Adequate Access ...... 1 B. Project Cost ...... 1 III. TIME FRAME FOR APPLICATION PROCESS ...... 2 IV. ROLES AND RESPONSIBILITIES ...... 2 A. The Local Government ...... 3 B. The VDOT Manager ...... 4 C. The VDOT District Administrator ...... 5 D. The Director of Local Assistance Division ...... 5 E. The Virginia Department of Aviation ...... 5 F. The Commonwealth Transportation Board...... 5 V. PROJECT IMPLEMENTATION ...... 6 A. The State Environmental Review Process (SERP) ...... 6 B. Compliance with Federal and State Laws ...... 7 C. Locally Administered Projects ...... 7 D. VDOT-Administered Projects ...... 9 E. Airport Access Program Flowchart...... 11 VI. LIMITATIONS ...... 12 VII. ACCEPTANCE INTO SYSTEM ...... 13

List of Appendices Statutory Authority ...... Appendix A Commonwealth Transportation Board Policy (Revised) ...... Appendix B Sample Locality Resolution ...... Appendix C Certification Form for State Funded Projects ...... Appendix D Airport Access Program Checklist...... Appendix E Cities and Towns Maintaining Own Streets ...... Appendix F

Acronyms used in this Guide CTB ...... Commonwealth Transportation Board VDOT ...... Virginia Department of Transportation LAD ...... VDOT Local Assistance Division DOAV ...... Virginia Department of Aviation SERP ...... State Environmental Review Process AASHTO ...... American Association of State Highway and Transportation Officials LPA ...... Local Public Agency

I. PURPOSE The Airport Access Program is a state-funded incentive designed to assist Virginia localities in improving access to an existing public-use airport or establishing adequate access to a new public-use airport licensed by the Virginia Department of Aviation (DOAV). Program funds are allocated by the Commonwealth Transportation Board (CTB) in accordance with its policy of March 14, 2012 (Appendix B). The funds may be used for financing the construction of or improvement to secondary or local system roads within all counties and cities, and certain towns that are part of the Urban System, hereinafter referred to as eligible localities. Ancillary improvements, such as turn lanes or intersection modifications may also be warranted as part of the access project, but are not to be considered as the primary objective of the project. The program is administered by the Virginia Department of Transportation (VDOT), Local Assistance Division. This guide describes the requirements, limitations and procedures of obtaining and utilizing Airport Access Program funds.

II. DEFINITIONS A. Adequate Access “Adequate Access” means a publicly maintained road from the primary entrance of the airport site to the nearest adequate publicly maintained road. Airport Access Program funds cannot be used to construct or improve roads on the airport property. Adequate access may require the construction of a new roadway, or the improvement of an existing road, or a combination of the two. When a new roadway is requested, funding is based on the most economical access to serve the site. Standards for a new or improved roadway will vary according to the type and amount of traffic it is projected to accommodate. (Please refer to VDOT’s Road Design Manual for guidance on these standards.)

B. Project Cost “Project Cost” means the allowable costs for which Airport Access Program funds may be utilized. This includes the reasonable costs of preliminary engineering and surveying associated specifically with the project design and actual construction cost of a roadway built to VDOT standards (or developed in accordance with American Association of State Highway and Transportation Officials (AASHTO) standards for locality maintained roads) for accommodating

the projected traffic. Any pedestrian or bicycle facility deemed necessary for the project is eligible for funding. Excluded are items such as environmental studies and permits, obtaining right of way and relocation of utilities. Optional roadway features other than those determined to be required to meet the appropriate design standards, such as roadway lighting or landscaping, may be included in a project, provided the costs of these features are borne by others. Costs incurred (e.g., paid items or those for which a contract or purchase order has been executed) prior to allocation by the CTB are not reimbursable.

III. TIME FRAME FOR APPLICATION PROCESS Planning ahead for an access road project is critical to its success. While VDOT may not necessarily need to be involved in some of the initial discussions about planning for a new or expanding airport, early involvement as soon as the road access plans are identified can help avoid delays. An initial request from a local governing body for Airport Access Program funding typically takes four to six months to attain approval by the CTB. Meeting the contingencies of the CTB allocation approval often requires another two or more months. Steps in preparing and approving the local-state agreement, conducting environmental and historical reviews, advertising for bids, awarding a contract, and constructing the road, and each entails variable periods of time. Initiating the SERP, if applicable, and coordinating with regulatory agencies may take at least 60 days; however, the time necessary to complete environmental studies that may be required by federal and state laws and obtaining necessary permits can be varied and extensive depending on the outcome of initial review.

IV. ROLES AND RESPONSIBILITIES This section outlines the necessary roles and responsibilities of each party to develop a proposed access road project from concept to completion. A flowchart of the process is in Section V. E. of this guide. Appendix E is a checklist of the necessary steps in developing, executing, and completing an Airport Access Program project.

A. The Local Government The local government is responsible for coordinating the planning of the access road project with DOAV, the airport sponsor, if applicable, and VDOT. A local government representative interacts with the VDOT Manager, as defined in Section IV. B., through the life of the project.

The following information, submitted by the locality to the VDOT Manager, is necessary for advancing the project through the required steps to approval. It is recommended that a copy of this information is forwarded to the DOAV if the locality has not already coordinated with the DOAV. Airport Facility Information o Virginia Air Transportation System Plan service role o Brief description of airport facilities/services/number of jobs o Number of takeoffs/landings (airport operations) (most recent year) o Number of based aircraft o Airport property size: ___ acres o Plan/plat of airport property, existing facilities and proposed improvements as reflected on current, approved airport layout plan o Runway length: ___ feet; Runway extension (if applicable): ___ feet Road Project Information o Termini: From and To o Length: _.__ mile(s) o Pavement Width: __ feet o Right of Way Width: __ feet o Estimated Project Cost: $ o Proposed Airport Access Program Allocation: $ o Current Traffic Count and Year: vehicles per day o Future Traffic Count and Year: vehicles per day Facility and Road Project Map

The locality may officially request an Airport Access Program allocation through a resolution of its governing body. Appendix C contains sample resolution language. A certified copy of the approved resolution is provided to the VDOT Manager.

In addition, the identification of the entity (the locality or VDOT) responsible for project administration should be determined as early as possible in the process in order for the responsible party to coordinate project development.

The approved CTB allocation of airport access funds typically contains contingencies, for which the locality is responsible for satisfying. These requirements generally include the execution of an agreement with VDOT; right of way acquisition and utility relocation at no cost to the program; satisfaction of applicable environmental commitments; and, funding ineligible costs associated with the project.

If a project is estimated to cost more than $500,000, the State Environmental Review Process (SERP) must be completed prior to advertisement or land disturbance activities in order to satisfy the requirements of §10.1-1188 of the Code of Virginia. Additionally, the local government is responsible for compliance with federal and state laws, as well as obtaining all necessary environmental permits for the project. Environmental requirements, including SERP, are described in greater detail in Section V, Project Implementation, of this guide.

B. The VDOT Manager The VDOT Manager, as referenced in this guide, is the department employee responsible for administration of the Airport Access Program for that locality. This person is usually the Residency Administrator, but may be a designee of the District Administrator. The VDOT Manager supports the locality in reviewing the local governing body’s resolution, sketches and cost estimates for requested road improvements, in initiating SERP (if required), and in compiling the information necessary for review by other VDOT offices and other state agencies. The VDOT Manager will review the complete assembly of information, as referenced in Section IV. A., and provide a recommendation to the District Administrator.

C. The VDOT District Administrator Upon review of the information package, the District Administrator forwards the package with a recommendation to the Director of the Local Assistance Division.

D. The Director of Local Assistance Division The Local Assistance Division Director coordinates review of the application between the appropriate VDOT offices and DOAV. After all prerequisites have been met for a viable project, the Local Assistance Division Director may recommend approval to the CTB.

E. The Virginia Department of Aviation The Virginia Department of Aviation reviews the airport facility information and access road project. A recommendation is provided by the Director of the DOAV to the Director of Local Assistance Division indicating whether the facility qualifies for, or the proposed project constitutes an appropriate use of, Airport Access Program funds.

F. The Commonwealth Transportation Board The CTB, upon consideration of the project information, may allocate funds for the access project with certain contingencies, which must be satisfied by the locality. This allocation is for the exclusive purpose of financing eligible costs incurred in constructing the access project. The date of the CTB allocation is the date on which the CTB approves the project and funding amount by adopted resolution.

The CTB typically meets the third Wednesday of each month. All project information must be received by the VDOT Manager with sufficient time for review. The complete assembly of information and documentation for the project request, with the recommendation of the District Administrator should be submitted to the Local Assistance Division no less than thirty (30) days prior to the CTB meeting.

V. PROJECT IMPLEMENTATION A. The State Environmental Review Process (SERP) Created pursuant to §10.1-1188(b) of the Code of Virginia, a Memorandum of Agreement has been executed by the Secretary of Natural Resources and the Secretary of Transportation. It requires that the state natural and historic resource agencies be provided an opportunity to comment on state funded road projects, estimated to cost more than $500,000, at the earliest stage of development. SERP ensures that state resource agency views and interests are considered in the project development process from concept through construction.

SERP, conducted by VDOT’s Environmental Division, may take at least 60 days to coordinate with the several regulatory agencies for preliminary comment. The time necessary for implementing SERP and addressing any environmental commitments or regulatory clearances required by law must be anticipated in the project’s development schedule, possibly prior to the CTB’s approval of, and allocation to, an Airport Access Program project. For this reason, the locality and VDOT Manager must work together in determining the viability of the Airport Access Program project with respect to the development schedule proposed for the project. The VDOT Manager may initiate SERP once the locality provides the location information and requests SERP initiation. Other funding arrangements must be made for this With all projects, irrespective of where project administration responsibilities lie, review if it is conducted prior to CTB the locality is solely responsible for obtaining any necessary federal and state approval of the project and authorization permits, as well as complying with other of the Airport Access funds. The locality applicable federal and state is notified of comments resulting from environmental laws. SERP and informed of any environmental commitments or regulatory clearances necessary.

For projects to be administered by a locality, details regarding SERP are in Chapter 15, Environmental Requirements, Section 3, of the Locally Administered Projects (LAP) Manual. In addition, additional information regarding environmental requirements for state-funded projects can be found at this VDOT website: http://www.virginiadot.org/business/environmental_requirements_for_state_funded_projects.asp

B. Compliance with Federal and State Laws In all cases, the locality is responsible for obtaining water quality and any other applicable permits, as well as compliance to all federal and state regulations and laws. Compliance is documented on the Certification Form for State Funded Projects (Appendix D).

C. Locally Administered Projects 1. Projects to be administered by the locality are subject to the same requirements as other state funded, locally administered projects, as described in the LAP Manual. It is recommended the locality representatives become familiar with the Manual, particularly Chapter 5; State Funded and Special Program Projects. The manual is available on the VDOT Local Assistance Division website at: http://www.virginiadot.org/business/locally_administered_projects_manual.asp

2. At the point when funding for a project is approved by the CTB, the project is deemed viable. No additional action is required by the CTB prior to advertisement, award or construction.

3. The Local Assistance Division prepares a local-state agreement between VDOT and the locality. The agreement identifies the terms for a locality to administer the project to include responsibilities of the locality and VDOT, funding sources, VDOT oversight charges, reimbursement amounts, and general project estimates by phase. The agreement must be fully executed prior to project advertisement. Furthermore, it authorizes the locality to perform any work that can be reimbursed from VDOT funds and it requires that the locality adhere to the Virginia Public Procurement Act in the administration of the project’s advertisement and award. VDOT strongly recommends its standard project administration agreement for state funded projects be used for projects administered by a locality. If a custom agreement is used, then such agreement is subject to review and concurrence by the Office of the Attorney General prior to its execution by a locality representative authorized to do so and the Commissioner of Highways. The locality signatory for the agreement must provide evidence of their authority to execute the agreement. Any cost incurred or contract

executed by a local governing body or its agent, before an agreement is fully executed, is the responsibility of the local governing body, unless otherwise agreed to by the Director of Local Assistance.

4. The locality provides the project scope information to the VDOT Manager for a determination of SERP applicability based on the $500,000 threshold. Other funding arrangements must be made for this review if it is conducted prior to CTB approval of the project and authorization of the Airport Access funds. The locality is responsible for obtaining any necessary state/federal permits as well as complying with other applicable state/federal environmental laws.

5. The locality representative completes the VDOT Certification Form for State Funded Projects (Appendix D) as the locality moves through project development and provides this form to the VDOT Manager prior to project award. The certification form provides a streamlined process with significantly less VDOT oversight and is used to certify adherence to all applicable laws and regulations pertaining to locally administered state funded projects. VDOT may perform project audits to verify compliance with this certification.

6. The locality provides documentation of dedicated right of way for the project to the VDOT Manager who, in turn, forwards the documentation to the District Right of Way Manager. The District forwards this information and its recommendation to VDOT’s State Right of Way Director, who certifies that right of way and utility adjustments for the project have been obtained at no cost to the Airport Access Program fund. The provision of unencumbered right of way by the locality includes completion of any extensive environmental studies and required mitigation of existing environmental conditions.

7. The expenditure of Airport Access funds for the project may be approved by VDOT only after all contingencies of the CTB’s resolution have been met. A locally administered project must be authorized, with funding approved for expenditure,

before VDOT reimburses a locality for eligible costs attributed to the construction of the project. Appropriate documentation of costs and billing information, such as contractor’s payment application and verification of payment, must be provided by the locality.

8. The VDOT Manager or designee monitors the construction of locally administered projects, notifies the Local Assistance Division when the construction is started and completed, and provides recommendations to the Local Assistance Division regarding requests for reimbursement. Please note that each locally administered project will have a Project Coordinator assigned for project development once the project is approved and that person may be different from the VDOT Manager.

D. VDOT-Administered Projects 1. When funding for an Airport Access Program project is approved by the CTB, the project is deemed viable. However, it is subject to the same applicable project development requirements as other state funded projects administered by VDOT.

2. The Local Assistance Division prepares a local-state agreement between VDOT and the locality. It identifies the specific responsibilities of the locality and VDOT, funding sources, and general project estimates by phase. The agreement is subject to review and concurrence by the Office of the Attorney General prior to its execution by a locality representative authorized to do so and the Commissioner of Highways. The locality signatory for the agreement must provide evidence of their authority to execute the agreement.

3. The locality provides the project scope information to the VDOT Manager for a determination of SERP applicability based on the $500,000 threshold. Other funding arrangements must be made for this review if it is conducted prior to CTB approval of the project and authorization of the Airport Access funds. The locality is responsible for obtaining any necessary federal and state permits, as well as complying with other applicable federal and state environmental laws.

4. The locality provides documentation of dedicated right of way for the project to the VDOT Manager who, in turn, forwards the documentation to the District Right of Way Manager. The District forwards this information and its recommendation to VDOT’s State Right of Way Director, who certifies that right of way and utility adjustments for the project have been obtained at no cost to the Airport Access Program fund. The provision of unencumbered right of way by the locality includes completion of any extensive environmental studies and required mitigation of existing environmental conditions.

5. The locality provides payment to the VDOT Manager for any required matching funds, ineligible project costs, or eligible project expenses in excess of the Airport Access Program allocation, prior to the project being authorized for construction. A VDOT-administered project must have all required funding in place before the project may be advertised or constructed.

6. The expenditure of funds for the project may be approved by VDOT only after all contingencies of the CTB’s resolution have been met.

7. After a project is authorized, the VDOT Manager coordinates all aspects of the construction of VDOT-administered projects. Please note that each VDOT- administered project will have a Project Manager assigned for project development once the project is approved and that person may be different from the VDOT Manager.

E. Airport Access Program Flowchart

Airport Access Program Flowchart

Contacts VDOT Manager regarding proposed Airport Access Program request. Officially requests an Airport Access Program allocation through a resolution of its Locality governing body. Provides a certified copy of the approved resolution to the VDOT Manager. Provides project information regarding the airport facility and the proposed access road project to VDOT Manager.

Assembles and reviews information on project request and forwards recommendation to VDOT Manager District Administrator (copy to Local Assistance Division) Forwards information necessary for SERP, if appropriate. Confirms project design meets standards and verifies project cost estimate. VDOT District Administrator Reviews project information. Provides recommendation to Local Assistance Division.

Reviews project and airport facility information. DOAV Provides recommendation in use of the Airport Access Program funds.

Reviews project information and coordinates with DOAV. VDOT LAD Director Verifies compliance with Program. Presents project request to the CTB with recommendations, as appropriate.

CTB Reviews and approves of project allocation, if appropriate. Formalizes conditions of allocation expenditure.

Locally Administered Project VDOT-Administered Project

Works toward ensuring compliance with contingencies of CTB allocation and provides Locality appropriate documents, as necessary, to VDOT Manager. (Contingencies must be met prior to authorizing expenditure of funds.)

Forwards to locality determination of SERP and Preliminary Environmental Inventory VDOT Manager (PEI), if SERP applies. Confirms compliance with contingencies of CTB allocation. Provides oversight for project plan review.

VDOT LAD Director Prepares project administration agreement, as appropriate. Initiates authorization of funds for expenditure.

Provides oversight for locally administered project development and completion. VDOT Manager Coordinates VDOT-administered project work. Reviews documentation of project costs as appropriate and makes recommendation in reimbursement.

VI. LIMITATIONS A. Maximum Allocation Subject to available funding, not more than $650,000 ($500,000 unmatched and $150,000 matched dollar for dollar) of the Economic Development, Airport, and Rail Access Fund may be used in any fiscal year to provide access for any one individual airport. Local matching funds shall be provided from funds other than those administered by the CTB.

B. Funds Not to be Anticipated It is the intent of the Airport Access Program that funds are requested as reasonably needed by the locality, but that these funds are not anticipated from year to year. Unused eligibility from a preceding year cannot be carried forward to an ensuing fiscal year.

C. Time Limits for Projects To ensure the most effective use of the limited funds available for the Airport Access Program, allocations made for projects are expected to be committed by contract or under construction within two years from the date of CTB approval. Allocations for projects that are not actively under way within two years of project approval by the CTB may be deallocated unless the Director of Local Assistance grants an exception due to unusual circumstances. If an extension of time is needed, then at the end of 22 months following CTB approval, if the proposed road improvements have not been initiated, then the locality shall submit a written explanation of the status of the project and reason for delay. Nothing precludes the locality from reapplying for an allocation in the future.

D. Improvements to Existing Roads Where an existing road constitutes a portion of the secondary system of state highways or is part of the road system of the locality in which it is located, Airport Access Program funds may be used to improve the existing road only to the extent required to meet the needs of traffic generated by the facility. Such improvement, may involve strengthening or widening to accommodate the additional, or type of, traffic generated by the airport facility. Additionally, where access to a qualified airport site is via an existing road that can be determined inadequate for providing safe and efficient movement of the type of traffic generated by the airport facility

or that the traffic conflicts with the surrounding road network to the extent that it poses a safety hazard to the general public, consideration may be given to funding additional improvements. Such projects must be requested by resolution of the local governing body and are evaluated on case-by-case basis. The VDOT Regional Traffic Engineer is consulted to provide a recommendation on such requests. However, intersection improvements, traffic signal installation, or construction of turn lanes, as stand-alone projects, typically are not eligible for Airport Access Program funds.

E. Eligible Expenses Airport Access Program funds may be utilized for the reasonable costs of preliminary engineering and surveying associated specifically with the project design and actual construction cost of a road built to VDOT standards (or developed in accordance with AASHTO standards for locality maintained roads) for accommodating the projected traffic. Excluded are items such as environmental studies and permits, obtaining right of way and relocation of utilities, and traffic impact studies. Optional roadway features beyond those covered by the program may be constructed as part of an access project, provided the cost of these features is borne by others. Expenses incurred (e.g., paid items or those for which a contract or purchase order has been executed) prior to the CTB allocation are not reimbursable.

VII. ACCEPTANCE INTO SYSTEM New roads, upon completion, are open to public use and are to be accepted into the appropriate system for maintenance. If the airport intends to close or gate a road into the facility for security or other reasons, the Airport Access Program is not an appropriate source of funding. For all counties, except Arlington and Henrico, and for towns not maintaining their own road systems, these roads are added to the secondary system of state highways. For cities and towns receiving maintenance payments, and for the counties of Arlington and Henrico, these roads are to be taken into the road system of the locality. The Secondary Street Acceptance Requirements regulations do not apply to new roads constructed utilizing these funds.

Appendix A

Statutory Authority

Statutory Authority Code of Virginia

§ 33.1-221. Funds for access roads to economic development sites and airports; construction, maintenance, etc., of such roads.

A. Notwithstanding any other provision of law, there shall be appropriated to the Commonwealth Transportation Board funds derived from taxes on motor fuels, fees and charges on motor vehicle registrations, road taxes or any other state revenue allocated for highway purposes, which shall be used by the Board for the purposes hereinafter specified, after deducting the costs of administration before any of such funds are distributed and allocated for any road or street purposes.

Such funds shall be expended by the Board for constructing, reconstructing, maintaining or improving access roads within counties, cities and towns to economic development sites on which manufacturing, processing, research and development facilities, distribution centers, regional service centers, corporate headquarters, or other establishments that also meet basic employer criteria as determined by the Virginia Economic Development Partnership in consultation with the Virginia Department of Business Assistance will be built under firm contract or are already constructed and to licensed, public-use airports; in the event there is no such establishment or airport already constructed or for which the construction is under firm contract, a county, city, or town may guarantee to the Board by bond or other acceptable device that such will occur and, should no establishment or airport acceptable to the Board be constructed or under firm contract within the time limits of the bond, such bond shall be forfeited. The time limits of the bond shall be based on regular review and consideration by the Board. Towns which receive highway maintenance payments under § 33.1-41.1 shall be considered separately from the counties in which they are located when receiving allocations of funds for access roads.

B. In deciding whether or not to construct or improve any such access road, and in determining the nature of the road to be constructed, the Board shall base its considerations on the cost thereof in relation to the volume and nature of the traffic to be generated as a result of developing the airport or the economic development site. Within any economic development site or airport, the total volume of traffic to be generated shall be taken into consideration in regard to the overall cost thereof. No such access road shall be constructed or improved on a privately owned economic development site.

C. Any access road constructed or improved under this section shall constitute a part of the secondary system of state highways or the road system of the locality in which it is located and shall thereafter be constructed, reconstructed, maintained and improved as other roads in such system.

(Code 1950, § 33-136.1; 1956, c. 161; 1962, c. 550; 1964, c. 254; 1970, c. 322; 1978, c. 299; 1980, c. 38; 1989, c. 336; 1996, cc. 85, 128; 1997, c. 89; 2006, cc. 147, 473.)

Appendix B

Commonwealth Transportation Board Policy (Revised)

Appendix C

Sample Locality Resolution

At a regularly scheduled meeting of the [name of locality] [select (City/Town Council or County Board of Supervisors)] held on [month and day], 20[##], on a motion by [BOS or Council member name], seconded by [BOS or Council member name], the following resolution was adopted by a vote of [#] to [#]:

WHEREAS, the [name of locality] operates [insert full legal name of airport] located off of [name of road] ([Route #]) in the [City/Town/County] of [name of City/Town/County], Virginia; and

********** choose one from the next two paragraphs that applies ********* WHEREAS, the airport has no access to a public street or highway and requires the construction of a new road to connect with [road name] (Route [###]); and

WHEREAS, the existing public road network does not provide for adequate access to the airport and it is deemed necessary that improvements be made to [road name] (Route [###]); and

WHEREAS, the [City/Town/County] of [name of City/Town/County] hereby guarantees that the necessary environmental analysis, mitigation, fee simple right of way and utility relocations or adjustments, if necessary, for this project, will be provided at no cost to the Economic Development, Airport and Rail Access Fund; and

WHEREAS, the [City/Town/County] of [name of City/Town/County] acknowledges that no land disturbance activities may occur within the limits of the proposed access project prior to appropriate notification from the Department of Transportation; and

WHEREAS, the [City/Town/County] of [name of City/Town/County] hereby guarantees that all ineligible project costs will be provided from sources other than those administered by the Virginia Department of Transportation.

NOW, THEREFORE, BE IT RESOLVED THAT: The [name of City/Town/County] [select (City/Town Council or County Board of Supervisors)] hereby requests that the Commonwealth Transportation Board provide Airport Access Program funding to provide an adequate road to this airport facility; and

BE IT FURTHER RESOLVED THAT: The [select City/Town Manager, or County Administrator] and/or his designee(s) be authorized to act on behalf of the [select City/Town Council or County Board of Supervisors] to execute any and all documents necessary to secure the funding sought through the Airport Access Program.

********** use the following paragraph if project is for a new road ********** BE IT FURTHER RESOLVED THAT: The [name of locality] [select (City/Town Council or County Board of Supervisors)] hereby agrees that the new road so constructed will be added to and become a part of the [select either (City/Town of [locality name] road system) or (secondary system of state highways)].

(SEAL) A COPY TESTE:

Chairperson/Mayor

Appendix D

Certification Form for State Funded Projects

Appendix 5-A Certification Form for State Funded Projects

Project Number: UPC:

This certification form is to be used to certify adherence to all applicable laws and regulations pertaining to locally administered state funded projects. This certification form will not be used for projects utilizing any federal funds. The signature at the bottom will certify that >INSERT LOCAL GOVERNMENT NAME< has met the following requirements for state funded projects. VDOT may perform project audits to verify compliance with this certification. False or inaccurate statements identified by VDOT or other state regulatory agencies may result in the requirement to return state aid and/or other penalties as allowed by State law.

Initials Certification Statement Check applicable statement: For highways maintained by the LPA, project plans have been designed in accordance with AASHTO standards and signed and sealed by a Virginia registered P.E. in accordance with DPOR; OR For highways which will be operated and maintained by VDOT, project plans have been designed in accordance with VDOT Standards and that VDOT has reviewed the plans in accordance with the agreed upon schedule and all necessary design variances/waivers have been attained and the plans have been signed and sealed by a Virginia registered P.E. in accordance with DPOR. All required regulatory agency coordination has been made and applicable permits or approvals have been acquired. Where VDOT will operate and maintain the highway, that the LPA has performed appropriate due diligence to identify environmental hazards on new right of way and to the best of our knowledge, any existing environmental hazards have been identified and mitigated or a plan for mitigation during construction has been made. Project was developed in accordance with State laws and regulations governing public involvement so that adequate and appropriate public notice and opportunity for public comment was provided. All right of way has been obtained and that the LPA has legal right of entry onto each and every parcel for the advertisement and construction of the referenced Project. The LPA has complied with the Code of Virginia requirements pertaining to relocations and the acquisition of real property. All affected utilities have been relocated or companies authorized to relocate their facilities. If not, they are included as in-plan work to be performed by the road contractor. The project was advertised in accordance with the Virginia Public Procurement Act and that the advertisement package included all appropriate EEO provisions. All environmental regulations as are applicable to local government capital improvement projects and as required by State or federal laws applicable to non federal-aid projects have been met or provisions to meet continuing requirements during construction have been made.

>INSERT LOCAL GOVERNMENT NAME< acknowledges that failure to fulfill its legal obligations associated with those requirements identified in this certification may result in project delays and/or delays or forfeiture of State reimbursements. >INSERT LOCAL GOVERNMENT NAME< further acknowledges that obligations associated with those requirements identified in this certification may be subject to audit by VDOT or State oversight agencies.

Local Government Manager (City Manager, County Administrator, City Engineer or County Director of Public Works or designated authority to sign)

Date cc: Project file VDOT Project Coordinator VDOT Local Assistance Director

Appendix E

Airport Access Program Checklist

AIRPORT ACCESS PROGRAM REQUEST AND PROJECT INFORMATION SUBMITTAL CHECKLIST

 The Locality  Contacts the VDOT Manager with the proposed development plans  Requests funds by resolution of the local government  Provides appropriate project information  Complies with applicable state/federal environmental laws, regulations, etc.  Provides Project Certification form (for projects administered by locality)

 The VDOT Manager  Assembles project request information  Forwards information necessary for SERP  Reviews project information  Recommends project design and provides project costs estimate

 The VDOT District Administrator  Reviews project information  Provides recommendation to Local Assistance Division

 The Director of the Virginia Department of Aviation  Reviews project and information pertaining to operation of the establishment  Provides recommendation in use of the Airport Access Fund

 The Local Assistance Division Director  Reviews project information  Assembles information and recommends proposed project to CTB for consideration.

 The Commonwealth Transportation Board  Reviews and approves the project allocation, if appropriate  Formalizes conditions of fund expenditure

 Virginia Department of Transportation  Makes determination of SERP applicability. Provides Preliminary Environmental Inventory (PEI), if SERP applies.  Verifies contingencies of allocations are met prior to expenditure  Provides oversight for project plan review and construction  Authorizes expenditures of Program funds

Appendix F

Cities and Towns Maintaining Own Streets

Cities and Towns Maintaining Own Streets Under §33.1-41.1 of the Code of Virginia

City Town Town Alexandria Abingdon Luray Bedford Altavista Marion Bristol Ashland Narrows Buena Vista Big Stone Gap Orange Charlottesville Blacksburg Pearisburg Chesapeake Blackstone Pulaski Colonial Heights Bluefield Purcellville Covington Bridgewater Richlands Danville Chase City Rocky Mount Emporia Chincoteague Saltville Fairfax Christiansburg Smithfield Falls Church Clifton Forge South Boston Franklin Culpeper South Hill Fredericksburg Dumfries Strasburg Galax Elkton Tazewell Hampton Farmville Vienna Harrisonburg Front Royal Vinton Hopewell Grottoes Warrenton Lexington Herndon Wise Lynchburg Lebanon Woodstock Manassas Leesburg Wytheville Manassas Park Martinsville *Effective July 1, 2012 Newport News Berryville Norfolk Broadway Norton Colonial Beach Petersburg Poquoson Portsmouth Radford Richmond Roanoke Salem Staunton Suffolk Virginia Beach Waynesboro Williamsburg Winchester

Date of Meeting: July 3, 2012

BOARD OF SUPERVISORS ACTION ITEM # 7b

SUBJECT: Transportation and Land Use Committee Report: Review and Renewal, Modification or Termination of the New Lovettsville and New Mountville Agricultural and Forestal Districts

ELECTION DISTRICTS: Blue Ridge and Catoctin

CRITICAL ACTION DATE: July 3, 2012

STAFF CONTACTS: Kellie Boles, Department of Economic Development Tom Flynn, Department of Economic Development

RECOMMENDATIONS:

Committee: At its June 15, 2012 meeting, the Transportation and Land Use Committee (TLUC) voted (5-0) to recommend to the Board of Supervisors to request that the Planning Commission and the Agricultural District Advisory Committee (ADAC) provide recommendations regarding the review of the New Lovettsville and New Mountville Agricultural and Forestal Districts (AFD) in accordance with Chapter 1226 of the Codified Ordinances of Loudoun County in order to determine whether to terminate, modify or continue the Districts. TLUC further recommended that the Board direct staff to provide written Notice to the landowners through certified first class mail, newspaper advertisement, and public notice signage of the Board’s review to determine whether to renew, modify or terminate the New Lovettsville and New Mountville AFDs in accordance with State Code §15.2-4311 and Chapter 1226 of the Codified Ordinances of Loudoun County.

Staff: Staff recommends that the Board of Supervisors request the recommendations of the Planning Commission, the ADAC, and TLUC regarding the review of the New Lovettsville and New Mountville AFD in accordance with Chapter 1226 of the Codified Ordinances of Loudoun County in order to determine whether to terminate, modify or continue the Districts.

BACKGROUND:

In a continued effort to advise the Board of Supervisors of upcoming AFD renewals, modifications, or terminations, Staff is bringing this Item to the Board so that the Board may formally request the Planning Commission and ADAC to review and make recommendations in regard to the upcoming renewals of the New Lovettsville and New Mountville AFDs, in accordance with Section 1226.03 of the Codified Ordinances.

Item #7b: TLUC Report: Review and Renewal, Modification or Termination of the New Lovettsville and New Mountville AFD Board of Supervisors Business Meeting July 3, 2012 Page 2 of 5

The New Lovettsville AFD currently has a four (4)-year term that will expire on January 3, 2013, and is subject to a lot subdivision minimum of twenty (20) acres or the minimum required by the Zoning Ordinance, whichever is greater, and further subject to a prohibition against subdivision through clustering. There are currently 134 parcels enrolled in the New Lovettsville AFD, totaling approximately 2,472 acres, as described in Attachment 1. Parcels currently enrolled in the New Lovettsville AFD are located approximately within an area bounded by Harpers Ferry Road (Route 671) to the west, Bolington Road (Route 691) to the south, Berlin Turnpike (Route 287) to the east, and the Potomac River to the north, in the Catoctin Election District.

The New Mountville AFD currently has a four (4)-year term that will expire on January 3, 2013, and is subject to a lot subdivision minimum of fifty (50) acres or the minimum required by the Zoning Ordinance, whichever is greater, and further subject to a prohibition against subdivision through clustering. There are currently 42 parcels enrolled in the New Mountville AFD, totaling approximately 2,463 acres, as described in Attachment 1. Parcels currently enrolled in the New Mountville AFD are located approximately within an area east and west of Snickersville Turnpike (Route 734) between Jeb Stuart Road (Route 630) to the north and Carters Farm Lane (Route 627) to the south, in the Blue Ridge Election District.

Pursuant to Section 1226.03 of the Codified Ordinances of Loudoun County, the Board shall review each AFD within its stipulated period, as set forth in the particular Ordinance creating the AFD, in order to determine whether to terminate, modify or continue the AFD. Pursuant to State Code §15.2-4311, (Attachment 2) the Board must begin its review of the District at least ninety (90) days prior to the expiration of the term of the AFD.

Additionally, pursuant to Section 1226.03 of the Codified Ordinances, the Board shall request the recommendations of the Planning Commission and the ADAC in conducting such review (Attachment 3). In accordance with State Code §§15.2-4304 and 15.2-4307, the ADAC shall review and advise, assist, and make recommendations to the Planning Commission and Board of Supervisors in regard to the renewal of the AFD and any proposed modifications. In particular, the ADAC shall render expert advice in regard to the nature of farming and forestry and agricultural and forestal resources within the AFD and their relation to the entire County. In accordance with State Code §15.2-4307, the Planning Commission shall report its recommendations to the Board of Supervisors including but not limited to the potential effect of the AFD and proposed modifications upon the County's planning policies and objectives.

Upon commencement of the review process, all landowners currently enrolled in the New Lovettsville and New Mountville AFDs will be sent respective Notices by certified first-class mail (Attachment 4). The Notice will state the time and place for the public meeting of the Planning Commission with the owners of the land within the AFD; that the AFD is being reviewed by the Board; that the Board may continue, modify, or terminate the AFD; and that land may be withdrawn from the AFD at the owner's discretion by filing a written notice with the Board at any time before the Board acts to continue, modify or terminate the AFD. The letter will also provide the tentative dates of the public ADAC and Board meetings regarding the AFD’s review.

Item #7b: TLUC Report: Review and Renewal, Modification or Termination of the New Lovettsville and New Mountville AFD Board of Supervisors Business Meeting July 3, 2012 Page 3 of 5

Additionally, the Notice will advise that if an owner of land less than five (5) acres or twenty (20) acres or greater in size currently located within the AFD wishes to remain in the AFD and takes no action to withdraw, their property will be automatically renewed and will remain in the AFD unless the AFD is terminated. However, the Notice will also advise that any parcel containing at least five (5) acres but less than twenty (20) acres will be ineligible for renewal and inclusion within the AFD unless the owner submits an application on forms provided by the Department of Economic Development and submits one or more of the following:

1. Management Plan that specifically states that the property owner(s) are accumulating the required five (5)-year production records in order to qualify for agricultural, to include horticulture, land use tax deferral. 2. Animal Husbandry including Equine uses (commercial or non-commercial) with a Management Plan that relates the pasture carrying capacity to limit the number of animals allowed. 3. Forests and woodlands with a management plan that specifies the actions required to maintain and enhance the stands. 4. Wetlands, flood plains, streams and/or rivers that have Management Plans that set forth the terms for their maintenance and enhancement.

The Notice will also explain that the terms of the AFD may be modified during this review process and that the AFD will continue to be subject to a subdivision acreage minimum or the minimum required by the Zoning Ordinance, whichever is greater, with cluster development not permitted during the term of the AFD.

As required by State Code, Staff will also provide for the publishing of the notices of the public hearings of the Planning Commission and Board of Supervisors in a newspaper having general circulation within the Districts. Additional notice of these public hearings will be posted by Staff in five (5) conspicuous places within each AFD.

Finally, pursuant to State Code, all parcels currently located within the AFD must continue to meet eligibility requirements to be renewed and remain in the AFD. State Code requires that each AFD have a core of at least two hundred (200) acres in one parcel or contiguous parcels. A parcel not part of the core may be included in an AFD if:

a. the nearest boundary of the parcel is within one (1) mile of the boundary of the core, or b. it is contiguous to a parcel in the district whose nearest boundary is within one (1) mile of the boundary of the core, or c. the Board of Supervisors finds, in consultation with the ADAC or Planning Commission, that the parcel not part of the core or within one (1) mile of the boundary of the core contains agriculturally and forestally significant land.

Item #7b: TLUC Report: Review and Renewal, Modification or Termination of the New Lovettsville and New Mountville AFD Board of Supervisors Business Meeting July 3, 2012 Page 4 of 5

Thus, a parcel currently located within an AFD may become geographically ineligible to renew and remain within the AFD if the withdrawal or nonrenewal (exclusion) of other parcels causes that parcel to no longer be able to meet the geographic eligibility requirements. Such a parcel could only be renewed and remain in that AFD if the Planning Commission recommends, and the Board finds, that such parcel contains agriculturally and forestally significant land. Alternatively, owners of such ineligible parcels, who wish to continue in the AFD program, may be added to a different AFD if their parcel is able to meet the eligibility requirements as applied to that different AFD. However, any addition to an AFD would not occur as part of the review and renewal process, but could only be considered separately through the interim addition process.

Attached is a proposed schedule for the review and public hearing process for the review of these two AFDs (Attachment 5). This schedule would bring this issue to the Transportation and Land Use Committee in October 2012, then to the full Board of Supervisors for public hearing in November 2012.

ISSUES:

None at this time.

FISCAL IMPACT:

The Office of the County Assessor has been asked to review the land use status, assessed value, and tax deferral for the parcels that are classified as open space through inclusion in an AFD. This request was made by the Department of Economic Development and included the New Lovettsville and New Mountville AFDs. These parcels qualify under the achievement of comprehensive planning and community development goals component of open space. These parcels are at least five (5), but less than twenty (20), acres in size.

The New Lovettsville AFD has 32 parcels that qualify for open space under this category of use. These parcels range in size from three (3) to 19.38 acres in size, and collectively total 311 acres. The 2012 deferred assessment, which is the difference between the fair market land value and the land use value of the land, is $2,483,320 for the New Lovettsville AFD. This equates to a deferred tax amount of $30,669 at the current tax rate of $1.235/$100 of assessed value. Of the 32 parcels in the New Lovettsville AFD, 27 have houses on them.

The New Mountville AFD has 16 parcels that qualify for open space under this category of use. These parcels range in size from 6.77 to 19.9 acres, and collectively total 206 acres. The 2012 deferred assessment is $2,945,630 for the New Mountville AFD. This equates to a deferred tax amount of $36,379 at the current tax rate of $1.235/$100 of assessed value. Of the 16 parcels in the New Mountville AFD, 13 have houses on them.

Combined, 48 parcels qualify for open space under this category of use. Parcels within these AFDs range in size from three (3) to 19.9 acres, and total of 517 acres. The 2012 deferred

Item #7b: TLUC Report: Review and Renewal, Modification or Termination of the New Lovettsville and New Mountville AFD Board of Supervisors Business Meeting July 3, 2012 Page 5 of 5 assessment is $5,428,950. The deferred tax is $67,048. Of these 48 parcels, 40 have houses on them (Attachment 6).

DRAFT MOTIONS:

1a. I move that the Board of Supervisors request that the Planning Commission and the Agricultural District Advisory Committee provide recommendations regarding the review of the New Lovettsville Agricultural and Forestal District and the New Mountville Agricultural and Forestal District in accordance with Chapter 1226 of the Codified Ordinances of Loudoun County in order to determine whether to terminate, modify or continue the Districts.

AND

1b. I further move that the Board of Supervisors direct staff to provide written Notice to the landowners through certified first class mail, newspaper advertisement, and public notice signage of the Board’s review to determine whether to renew, modify or terminate the New Lovettsville Agricultural and Forestal District and New Mountville Agricultural and Forestal District in accordance with § 15.2-4311 of the Code of Virginia and Chapter 1226 of the Codified Ordinances of Loudoun County.

2. I move an alternate motion.

ATTACHMENTS:

1. Current New Lovettsville AFD and New Mountville AFD Ordinances and Parcel Listings 2. Code of Virginia, excerpt §15.2-4311 3. Chapter 1226 of the Codified Ordinances of Loudoun County 4. Draft Notification Letter to Landowners in the New Lovettsville AFD and the New Mountville AFD 5. Tentative Review Schedule 6. Land Use Calculations as Provided by the Office of the County Assessor

ATTACHMENT 1 - 1 ATTACHMENT 1 - 2 ATTACHMENT 1 - 3 ATTACHMENT 1 - 4 ATTACHMENT 1 - 5 ATTACHMENT 1 - 6 ATTACHMENT 1 - 7 ATTACHMENT 1 - 8 ATTACHMENT 2 - 1 ATTACHMENT 3 - 1 ATTACHMENT 4 - 1

AG DISTRICT NOTICE NEW RENEWAL REQUIREMENT

Renewal applications are required for parcels between 5 and 20 acres and must be submitted by LANDOWNER NAME ADDRESS Withdrawal notices should be submitted by . CITY, STATE ZIP

County records indicate that your land listed in the table below is enrolled in the Agricultural and Forestal District (the “District”).

TAX MAP: PIN: Acreage:

The District’s term expires on . Pursuant to Chapter 1226 of the Codified Ordinances of Loudoun County, the Board of Supervisors shall conduct a review in order to determine whether to continue, modify or terminate the District, and shall request the recommendations of the Planning Commission and the Agricultural and Forestal District Advisory Committee (ADAC) in conducting such review. During the Board’s review, pursuant to an amendment to Chapter 1226 adopted by the Board December 12, 2011, the owners of all parcels between 5 and less than 20 acres in size are now required to submit an application for renewal. Renewal applications for parcels between 5 and less than 20 acres must be accompanied by a signed copy of an appropriate Management Plan based on the use of the property. Such renewal applications and Management Plans shall be submitted to the below address by . Failure of any such owner to submit an application and Management Plan for their property by shall render the property ineligible for renewal in the District. Please note that owners of parcels less than 5 acres or 20 or more acres are not required to submit a renewal application and their parcels will be renewed in the District automatically if no action is taken. During the Board’s review, land currently within the District may be withdrawn from the District. If you would like to withdraw your land from the District, please submit a written notice of withdrawal to the below address. Although, you may submit such a notice up until the time that the Board acts to continue, modify or terminate the District, please submit your written notice by to ensure adequate time to process your request. Please submit all applications for renewal, all written notices of withdrawal, and any other associated materials to: Loudoun County Department of Economic Development ATTN: Ag District Program 1 Harrison Street S.E., MSC #63 Leesburg, VA 20175

Upon receipt, Staff will review all applications for renewal, all written notices of withdrawal, and any other submitted materials, and will contact you if further information is needed. To briefly describe the process for the Board’s review of the District, Staff will first review all renewing parcels to ensure that all such parcels are geographically eligible to participate in the District. These applications and the District’s current Ordinance will then be forwarded to the ADAC for review at a public meeting. Upon completion of its review, ADAC will then forward its recommendation for continuation, modification or termination to the Planning Commission and Board of Supervisors. Upon receipt of ADAC’s recommendation, the Planning Commission will review the District at a Public Hearing, after which its recommendation for continuation, modification or termination also will be forwarded to the Board of Supervisors.

ATTACHMENT 4 - 2

After receiving recommendations from both Planning Commission and ADAC, the Board of Supervisors will hold a Public Hearing in regard to the continuation, modification or termination of the District. At this Public Hearing, the Board may act to continue, with any modifications it deems appropriate, or terminate the, District, or it may forward this decision to the following Board of Supervisors Business Meeting. Please be aware that there will no public comment period during the Board’s Business Meeting; instead, the Board will hold a Public Input Meeting beginning at 5:00 p.m. on the Tuesday preceding the Business Meeting at which time you will be afforded another opportunity for public comment in regard to the District. The dates of the above-mentioned public meetings and hearings are listed in the table below. Review Date Time Location th ADAC Public Meeting July 12, 2012 7:00 p.m. Gov’t Center – 1 Harrison Street, S.E., 5 Floor Department of Economic Development Conference Room th ADAC Public Meeting August 30, 2012 7:00 p.m. Gov’t Center – 1 Harrison Street, S.E., 5 Floor Department of Economic Development Conference Room Planning Commission Sept. 26, 2012 Gov’t Center – 1 Harrison Street, S.E., 1st Floor 6:00 p.m. Public Hearing Board Room Board of Supervisors Nov. 13, 2012 Gov’t Center – 1 Harrison Street, S.E., 1st Floor 6:00 p.m. Public Hearing Board Room Board of Supervisors Dec. 5, 2012 Gov’t Center – 1 Harrison Street, S.E., 1st Floor 6:00 p.m. Business Meeting Board Room

Should the Board of Supervisors decide to continue (renew) the District, the Board is also authorized to modify the term, subdivision minimum, or any other conditions of the District. Please note that any such modifications shall be described in a notice sent by first-class mail to you and published in a newspaper having a general circulation within the District at least two weeks prior to adoption of the ordinance continuing the District. Additionally, please note that your participation in this program is voluntary. Enrollment runs with the land, not the owner. This means that you, the current owner, might not be aware that your land is enrolled in the District. If this is the case or you think you have received this notice in error, please contact us. If you have any questions or need more information or assistance, please do not hesitate to contact me at 703-737- 8387 or via email at [email protected].

Sincerely, Terri Smithson Terri Smithson Ag & Forestal District Specialist ATTACHMENT 5 - 1

TENTATIVE REVIEW

NEW LOVETTSVILLE AFD & NEW MOUNTVILLE AFD – Deadline to Act is 01/03/2013

June 15, 2012 - Action Item to the Transportation and Land Use Committee

July 3, 2012 - Action Item to the Board of Supervisors (TLUC Report)

July 5, 2012 - Send out certified letters to landowners for renewal (this is the “official” notification of a public meeting)

Aug. 16, 2012 - 30-Day Deadline for applications

Aug. 30, 2012 - Agricultural District Advisory Committee review of the District and the renewal applications to ensure agricultural and forestal significance (tentative)

Sept. 12, 2012 - Planning Commission Briefing/Work Session

Sept. 26, 2012 - Planning Commission Public Hearing

Oct. 12, 2012 - Transportation and Land Use Committee

Nov. 13, 2012 - Board of Supervisors Public Hearing

Nov. 14, 2012 - Letter (sent first class mail) notifying landowners in the Districts of ADAC, PC and TLUC’s recommendations to the BOS and if the BOS is anticipating making any changes regarding the conditions or period changes to the Districts under review

Dec. 5, 2012 - Board of Supervisors Business Meeting ATTACHMENT 6 - 1 Land Use Calculations as Provided by the Office of the County Assessor

Lovettsville PIN Ag District Land Use LU Acres 2012 FMV Land 2012 LU Land Differed Assess Differed Tax 2012 IMP Assess Legal Acres 438174252000 Lovettsville Open Space 2.07 $115,900 $93,510 $22,390 $277 $94,500 3.07 438273301000 Lovettsville Open Space 3 $115,400 $5,100 $110,300 $1,362 $4,400 3 438170237000 Lovettsville Open Space 4.6 $133,700 $7,820 $125,880 $1,555 $0 4.6 405281327000 Lovettsville Open Space 5 $159,300 $98,500 $60,800 $751 $280,700 6 332470153000 Lovettsville Open Space 5.9 $175,800 $100,030 $75,770 $936 $171,200 6.9 335156108000 Lovettsville Open Space 6 $192,200 $153,300 $38,900 $480 $203,000 10 438209261000 Lovettsville Open Space 6 $162,800 $78,600 $84,200 $1,040 $353,600 6.43 408173189000 Lovettsville Open Space 6.15 $152,400 $100,450 $51,950 $642 $370,900 7.15 369372765000 Lovettsville Open Space 6.97 $194,700 $101,840 $92,860 $1,147 $165,300 7.97 403277799000 Lovettsville Open Space 8 $194,200 $133,070 $61,130 $755 $333,200 10.31 405362820000 Lovettsville Open Space 8.05 $192,100 $126,180 $65,920 $814 $402,200 10.05 405395091000 Lovettsville Open Space 8.74 $184,000 $116,100 $67,900 $839 $237,200 10.24 407252435000 Lovettsville Open Space 8.99 $191,600 $105,280 $86,320 $1,066 $220,500 9.99 335159934000 Lovettsville Open Space 9 $192,200 $105,300 $86,900 $1,073 $0 10 439194182000 Lovettsville Open Space 9 $191,700 $105,300 $86,400 $1,067 $263,200 10 439100775000 Lovettsville Open Space 9 $191,700 $105,300 $86,400 $1,067 $306,200 10 403299088000 Lovettsville Open Space 9 $194,900 $114,300 $80,600 $995 $300,000 10.4 403294096000 Lovettsville Open Space 9 $195,100 $114,750 $80,350 $992 $481,500 10.42 403304696000 Lovettsville Open Space 9.05 $192,100 $105,380 $86,720 $1,071 $348,700 10.05 367354219000 Lovettsville Open Space 9.22 $193,500 $105,670 $87,830 $1,085 $295,200 10.22 335464474000 Lovettsville Open Space 9.23 $204,300 $105,690 $98,610 $1,218 $299,200 10.23 403405043000 Lovettsville Open Space 9.24 $193,600 $105,700 $87,900 $1,086 $334,600 10.24 403208237000 Lovettsville Open Space 9.25 $193,700 $105,720 $87,980 $1,087 $341,000 10.25 404152036000 Lovettsville Open Space 9.3 $194,100 $105,810 $88,290 $1,090 $294,500 10.3 332358843000 Lovettsville Open Space 9.44 $205,600 $102,440 $103,160 $1,274 $232,500 10.38 403293411000 Lovettsville Open Space 9.62 $196,700 $106,350 $90,350 $1,116 $415,700 10.62 367454695000 Lovettsville Open Space 9.65 $185,300 $106,400 $78,900 $974 $179,400 10.65 441265866000 Lovettsville Open Space 10.18 $198,900 $129,800 $69,100 $853 $218,600 12.18 440106645000 Lovettsville Open Space 11.34 $210,700 $109,270 $101,430 $1,253 $189,400 12.34 407183699000 Lovettsville Open Space 12.72 $229,900 $134,120 $95,780 $1,183 $318,500 14.72 438253718000 Lovettsville Open Space 13.25 $22,500 $22,500 $0 $0 $0 13.25 472302654000 Lovettsville Open Space 14.98 $214,100 $171,800 $42,300 $522 $5,800 19.38 Total 270.94 $5,764,700 $3,281,380 $2,483,320 $30,669 $7,660,700 311.34

Mountville PIN Ag District Land Use LU Acres 2012 FMV Land 2012 LU Land Differed Assess Differed Tax 2012 IMP Assess Legal Acres 500109206000 Mountville Open Space 6.5 $266,700 $72,250 $194,450 $2,401 $410,800 6.77 498268239000 Mountville Open Space 8 $283,300 $126,100 $157,200 $1,941 $326,900 10 391255852000 Mountville Open Space 9.45 $238,800 $90,160 $148,640 $1,836 $224,700 10.45 391251336000 Mountville Open Space 9.81 $252,200 $129,170 $123,030 $1,519 $206,000 11.81 427106142000 Mountville Open Space 10.33 $230,400 $89,560 $140,840 $1,739 $174,500 10.83 391266668000 Mountville Open Space 10.35 $237,800 $17,590 $220,210 $2,720 $0 10.35 391272834000 Mountville Open Space 10.41 $248,300 $107,690 $140,610 $1,737 $107,400 11.41 498177351000 Mountville Open Space 10.52 $317,400 $90,170 $227,230 $2,806 $436,600 11.52 498167892000 Mountville Open Space 11.21 $306,800 $98,250 $208,550 $2,576 $855,400 11.96 391374204000 Mountville Open Space 11.51 $249,300 $19,560 $229,740 $2,837 $0 11.51 427200840000 Mountville Open Space 12.79 $271,800 $111,740 $160,060 $1,977 $229,800 13.79 426179754000 Mountville Open Space 14.2 $242,900 $114,140 $128,760 $1,590 $240,500 15.2 462102124000 Mountville Open Space 14.64 $356,100 $114,880 $241,220 $2,979 $154,400 15.64 532107739000 Mountville Open Space 14.69 $365,000 $137,470 $227,530 $2,810 $138,000 16.69 500305992000 Mountville Open Space 17.42 $389,800 $119,610 $270,190 $3,337 $189,800 18.42 427170166000 Mountville Open Space 19.9 $161,200 $33,830 $127,370 $1,573 $0 19.9 Total 191.73 $4,417,800 $1,472,170 $2,945,630 $36,379 $3,694,800 206.25

TOTAL 462.67 $10,182,500 $4,753,550 $5,428,950 $67,048 $11,355,500 518 Date of Meeting: July 3, 2012

BOARD OF SUPERVISORS # 7c ACTION ITEM

SUBJECT: Transportation Land Use Committee Report: SPEX 2011-0037, Dulles North Corporate Park Building 7

ELECTION DISTRICT: Sterling

CRITICAL ACTION DATE: July 3, 2012

STAFF CONTACT: Jane McCarter, AICP Department of Planning Julie Pastor, AICP, Director Department of Planning

RECOMMENDATIONS:

Committee: On June 15, 2012, the Transportation and Land Use Committee (TLUC) voted 5-0 to recommend approval.

Planning Commission: This application is subject to the provisions of the 1972 Loudoun County Zoning Ordinance and does not require Planning Commission review.

Staff: Staff cannot support approval of this application as the proposal is inconsistent with the goals of the Revised General Plan Route 28 Corridor Office Cluster Policies for Class A Office. The proposal does not incorporate the Plan’s vision in density, uses, and design standards of building height, orientation, and architectural form.

BACKGROUND:

Dulles North Seven Corporation, of Bethesda, Maryland has submitted a special exception application for 100 percent office and/or warehouse uses for a proposed 77,300 square-foot structure on a 5.2 acre parcel, Parcel 45A, within the Dulles North Corporate Park (DNCP). The parcel is within the PD-IP (Planned Development – Industrial Park) zoning district as administered under the 1972 Loudoun County Zoning Ordinance. The proposed use is permitted by Special Exception under Section 722.3.2. The property is located on the west side of Shaw Road north of Sterling Boulevard (Attachment 1).

This parcel was previously subject to SPEX 2000-0007 (approved October 4, 2000) which also allowed for up to 77,300 square feet of office and/or warehouse uses, however the approval for this Special Exception has now expired.

The property is governed by the Revised General Plan Route 28 Corridor Policies of the Revised General Plan as adopted by the Board of Supervisors March 15, 2011, as a means to encourage high quality, high intensity office developments with FARs (Floor Area Ratios) between 0.6 and 1.0 immediately adjacent to Route 28 to attract regional, national, and international businesses, and to provide a unified development pattern throughout the corridor. The County envisions development within the Route 28 Core as the highest and best office development locations – Class A Office. The Item # 7c: SPEX 2011-0037, Dulles North Corporate Park Building 7 Board of Supervisors Business Meeting July 3, 2012 Page 2 of 2 corridor shall include a distinctive identity through the use of landmark projects as well as high quality landscaping, architecture, signage, sustainability and other design elements that will set it apart from competing areas. The policies contained in the Plan are therefore intended to induce development towards this vision. Land Use remains an outstanding issue with this proposal. Development of 100 percent office/warehouse use, with a density of up to .34 FAR on the site is not consistent with policies of the Comprehensive Plan which recommend Office Cluster development between 0.6 to 1.0 FAR within the Route 28 Core planned area. Further, development of 100 percent warehouse is not consistent with the vision for the Route 28 Core.

The Board of Supervisors held a public hearing on this application June 12, 2012 and forwarded the application to the June 15, 2012 TLUC by a vote of 8-0-1 (York absent). The Board of Supervisors’s discussion noted the Special Exception request was a repeat of the previously approved SPEX 2000- 0007 which had expired. The TLUC discussion focused on the requested use of 100 percent office and the building design. The TLUC discussion noted the warehouse uses were compatible with, and a continuation of, the existing surrounding uses. During discussion the Applicant agreed to provide building facades of office and/or warehouse buildings designed using similar and harmonious building materials, architectural features and color palettes to the existing two structures adjacent within Dulles North Corporate Park. The Committee concluded the proposal was compatible with the surrounding community and voted 5-0 to recommend approval of the application.

Attachment 3 includes the Conditions of Approval Proffer dated June 15, 2012 that address the TLUC’s discussion regarding uses and building design of the proposal. The Conditions of Approval have been reviewed and approved as to form by the County Attorney’s Office.

FISCAL IMPACT:

There are no discernible, immediate impacts on County expenditures associated with this proposal.

ALTERNATIVES:

The Board may approve, deny, or continue discussion of the special exception, subject to a timeline extension by the Applicant.

DRAFT MOTIONS:

1. I move that the Board of Supervisors approve SPEX 2011-0037, Dulles North Corporate Park Building 7 based upon the Findings for Approval in Attachment 2 of the July 3, 2012 Action Item.

2. I move an alternate motion.

ATTACHMENTS:

1. Vicinity Map 2. Findings for Approval 3. Conditions of Approval dated June 15, 2012 VICINITY MAP

SITE

Directions: From Leesburg, travel east on Route 7 to Route 28. Proceed south on Route 28 to Sterling Boulevard (Route 846). Take the Route 846 / Route 28 interchange and proceed east on Route 846 approximately 0.25 mile to Shaw Road (Route 636). Turn left onto Shaw Road and proceed north approximately 1,000 feet to the shared entrance to the three properties on the left. The subject property is the vacant parcel on the left surrounded to the north and west by the DNCP office/ warehouse single story brick structures.

ATTACHMENT 1 A-1 SPEX 2011-0037, Dulles North Corporate Park Building 7 FINDINGS FOR APPROVAL

1. The proposal to permit one hundred (100) percent office/warehouse uses provides an appropriate use that is compatible with surrounding existing uses. 2. The proposal is consistent with Countywide Transportation Plan policies. The proposal has minimal traffic impacts on the surrounding road network and requires no additional transportation inputs. 3. The recommended Conditions of Approval provide for a design more consistent with the land use objectives stated within the Revised General Plan polices for properties developing within the Route 28 Core/Office Cluster. 4. As conditioned, the application complies with the 1972 Zoning Ordinance.

ATTACHMENT 2 A-2 SPEX 2011-0037, Dulles North Corporate Park Building 7 CONDITIONS OF APPROVAL June 15, 2012

1. Substantial Conformance: The development of the Special Exception uses described in Condition 2 below shall be in substantial conformance with Sheets 3, 4 and 5 of 5 (together comprising and herein referred to as the “Special Exception Plat”) of the plan set entitled “Dulles North Corporate Park Building 7, Special Exception Plat, SPEX 2011-0037” dated December 23, 2011, and revised through May 9, 2012, prepared by Bowman Consulting Group, Ltd. (the “Plans”) (incorporated herein by reference), and the 1972 Loudoun County Zoning Ordinance (the “Zoning Ordinance”). Approval of this application for Tax Map Number /94////////45/ (PIN# 045-30-8793) (the “Property”) shall not relieve the Applicant or the owners of the Property from the obligation to comply with and conform to any Zoning Ordinance, Codified Ordinance, or applicable regulatory requirement.

2. Uses Permitted: Any combination of Commercial Office Building and/or Warehouse uses in the PD-IP (Planned Development – Industrial Park) zoning district administered under the 1972 Zoning Ordinance may be developed on the Property, including up to 100% Commercial Office Building or up to 100% Warehouse uses, provided the cumulative total square footage of the uses shall not exceed 77,300 square feet.

3. Building Design: The buildings and signage shall be designed to complement and provide a cohesive, unified campus environment with the other buildings and signage planned in the Dulles North Corporate Park. Building facades of office and/or warehouse buildings constructed on the subject site shall be designed using similar and harmonious building materials, architectural features and color palettes in order to blend with one another.

4. Open Space Gathering Spaces: The proposed 50-foot wide landscaped open space along Shaw Road, depicted on Sheet 5 of the Special Exception Plat as “Type 4 Front Yard Buffer”, shall serve as a consolidated gathering space and shall include a minimum of two (2) benches. Open space adjacent to the building shall include a minimum of one (1) picnic table with benches. The location of the picnic table and benches will be determined at the time of site plan.

5. Shaw Road Shared Use Path: The Applicant shall construct a six-foot (6’) wide asphalt path within a ten-foot (10’) wide public access easement along the eastern frontage of the Property along Shaw Road, as generally depicted on Sheets 4 and 5 of the Special Exception Plat as “6’ Shared Use Path”. The path shall be depicted on the site plan and shall be bonded for construction concurrent with the site plan and constructed prior to occupancy permit. This on-site path shall be maintained by the Applicant or its designee.

6. Stormwater Management: Stormwater from the Property shall be directed to the existing off-site stormwater management Best Management Practices (“SWM/BMP”) facility to the southwest (PIN: 033-25-9967) that has been designed to accommodate

ATTACHMENT 3 A-3

the development of the Property. The Applicant shall refurbish this SWM/BMP facility to ensure that it is functioning as designed, and Applicant shall submit an as-built plan of the refurbished SWM/BMP facility to the County prior to the approval of the occupancy permit for Building 7. This proffer shall not relieve the Applicant from the obligation to enter and record a pond maintenance and easement agreement with the owner of PIN: 033-25-9967, in form approved by the County, that comports with the provisions of Chapter 1096 of the Loudoun County Codified Ordinances and Chapter 500 of the Facilities Standards Manual,

7. Parking Agreements: The Site Plan for Building 7 shall reference the previously recorded private parking area easements and agreements that benefit the Property.

8. On-Site Pedestrian Facilities: Five (5) foot wide sidewalks shall be provided adjacent to the building and at the building entrances as depicted on the Special Exception Plat and shall be depicted on the site plan.

9. Landscaping: Landscaping placement shall be incorporated to ensure functional integrity of any proposed Low Impact Development Design (“LID”) stormwater pretreatment facility. Final landscaping locations and materials, in addition to the proposed four foot required berm, shall be determined during site plan review.

10. Building Orientation: The primary building entrances shall be oriented toward Shaw Road and to the south. Any loading bays shall be located on the back of the building so as not to be visible from Shaw Road.

11. Screening: Mechanical equipment including rooftop equipment (e.g., heating and air conditioning units, generators, air handlers, etc.) shall be screened from view from adjacent properties by the use of a wall, parapet, or enclosure of similar construction to the proposed building. All loading bays and dumpsters shall be located, oriented and/or screened so as not to be visible from Shaw Road. Screening of these areas may be achieved by any combination of architectural elements, landscaping, walls, enclosures, earthen berms, topography, and/or decorative fencing, and/or other similar measures, as determined during site plan review.

12. Signage: Signage, as permitted by the Zoning Ordinance, will be designed to complement and provide a cohesive, unified campus environment with the other adjacent buildings and signage planned in the portion of Dulles North Corporate Park north of Sterling Boulevard and west of Shaw Road.

13. Bicycle Rack: The Applicant shall provide one (1) bicycle rack to accommodate a minimum of eight (8) bicycles for the building constructed on the Property. The location of the bicycle rack shall be identified at the time of site plan and shall be reasonably proximate to the employee entrances of the building. The bicycle rack shall be installed prior to approval of the first occupancy permit for the building.

A-4

14. Exterior Lighting: All exterior lighting installed on the Property shall be fully cutoff and fully shielded light fixtures as defined by the Illuminating Engineering Society of North America (IESNA). Lighting shall be directed inward and downward toward the interior of the Property, away from nearby properties and roadways. The lighting shall be designed in such a manner as to minimize light and glare impacts on the adjacent uses.

A. Any wall-mounted lights shall be shielded to permit only downward light. No pinpoint glare shall be permitted from any lights. Pinpoint glare is defined as glare created when the actual light source (i.e., the bulb) is visible from adjacent roadways or nearby property lines. B. Parking lot and other site lighting fixtures shall be attached to supporting poles at a 90-degree angle.

Note: The Applicant has indicated the intent to provide a one-time contribution of $0.10 per gross square foot of Special Exception floor area to be paid to the County at the time of zoning permit approval for equal distribution to the servicing volunteer fire and rescue companies providing service to the Property. The amount of said contribution shall be adjusted on a yearly basis from the base year of 1988 and change effective each January 1 thereafter, based on the Consumer Price Index for all urban consumers (CPI-U), 1982- 1984=100 (not seasonally adjusted) as reported by the United States Department of Labor, Bureau of Labor Statistics for the Washington-Baltimore, MD-VA-DC-WV Metropolitan Area.

A-5 Date of Meeting: July 3, 2012

# 8 BOARD OF SUPERVISORS ACTION ITEM

SUBJECT: August Recess / Cancellation of Board Meetings

ELECTION DISTRICT: Countywide

CRITICAL ACTION DATE: July 17, 2012

STAFF CONTACTS: Danny Davis, County Administration Tim Hemstreet, County Administrator

RECOMMENDATIONS:

Staff recommends the Board cancel its August meetings in keeping with past practices.

BACKGROUND: It is customary for the Board of Supervisors to take a summer recess during the month of August. To provide for a recess, the Chairman is recommending that the Board cancel the General Business & Public Input meeting (which would have occurred on July 31st), two Business meetings, the Public Hearing, the Finance/Government Services & Operations Committee meeting, the Transportation and Land Use Committee meeting, and the Economic Development Committee meeting in August.

The Joint Board of Supervisors and School Board Committee has already determined not to meet in July and August.

FISCAL IMPACT: No fiscal impact is associated with taking the August recess.

ALTERNATIVES: The Board can decide to cancel its meetings during August, cancel only certain meetings during August, or maintain its regular meeting schedule during August.

DRAFT MOTIONS:

1. I move that the Board of Supervisors cancel the July 31, 2012 General Business & Public Input meeting, the August 1, 2012 and August 14, 2012 Business Meetings, and the August 7, 2012 Public Hearing, and that no Finance/Government Services & Operations Committee, Transportation and Land Use Committee, or Economic Development Committee meetings be held in August.

2. I move an alternate motion.