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					                             M I N U T E S

                LOUDOUN COUNTY BOARD OF SUPERVISORS

                           JANUARY 20, 2004


At a regular 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, SE,
Leesburg, Virginia on Tuesday, January 20, 2004, at 9:30 a.m.

PRESENT:   Scott K. York, Chairman
           Bruce E. Tulloch, Vice Chairman
           James G. Burton
           James E. Clem
           Eugene A. Delgaudio
           Sally Kurtz
           Stephen J. Snow
           Mick Staton Jr.
           Lori L. Waters


IN RE:     CALL TO ORDER

Chairman York called the meeting to order.

Supervisor Clem gave the invocation and led the Pledge of
Allegiance.

IN RE:     RESOLUTION OF APPRECIATION/ LINK

Supervisor Delgaudio moved that the Board of Supervisors approve
a Resolution of Appreciation for LINK, an all-volunteer
organization of 15 churches that has served northern Virginia
for over 30 years, providing food, clothing and financial
assistance to families in need. Seconded by Supervisor Snow.
The motion passed 9-0.

IN RE:     PUBLIC COMMENTS

Tim Dimos, Mayor of Middleburg, congratulated Board members on
their election victories. He discussed the Board’s first
business meeting of January 5th and expressed concern over the
apparent abandonment of traditional rules that would have placed
Supervisor Burton on the PUGAMP Committee. He explained that
Supervisor Burton was the one member of the Board who best knew
the issues and was accountable. He said that Middleburg wanted
Supervisor Burton on PUGAMP and was disappointed in the
direction of this new Board. He invited Board members to visit
Middleburg and offered to pick up the tab for their lunch.

Deborah Bolt Zieses of Potomac Falls is the Secretary for the
Commission on Aging. She read a letter written by Ray Ehrenbeck.
The letter stated that the Commission on Aging had voted to
request an exemption from the current hiring freeze for the
following positions, vacant with the Area Agency on Aging: 1)
Retired and Senior Volunteer Program RSVP Coordinator; 2)
Passenger Vehicle Operator and Client Aide Adult Daycare Center;
3)Senior Employment Program Specialist; and 4) Customer Service
Assistant. She urged the Board to exempt the above positions
from the hiring freeze.
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Jonathan Stewart, a resident of Purcellville, discussed the
Board’s actions from the January 5, 2004 meeting. He explained
how he had served in the Gulf War and had seen dictatorship. He
said he did not expect to come home and to see the same thing
going in Loudoun County. He requested that Supervisor Burton be
placed on the PUGAMP Committee as requested by Purcellville
residents. He also asked that the Board return Chairman York’s
duties. He questioned who would pay for all the necessary
services for the new developments. He added that he was
embarrassed to be a Republican.

Ann Gallus, a Leesburg resident, spoke regarding the Board of
Supervisors’ actions during the January 5, 2004 meeting. She
stated that she had witnessed partisan politics at its worse.
She asked if the majority vote that ruled that day be
reconsidered. She requested that the added agenda items at the
January 5th Board meeting be reconsidered to be able to hear
voters’ input. She urged the Board to follow the procedures that
kept the citizens of the County in charge.

Nicholas Pelchar, Vice Mayor of the Purcellville Town Council,
expressed concern that this Board had not provided their reasons
for changing the Rules of Order and replacing it with the
Tulloch Rules of Order. He stated that the entire body of
Loudoun County citizens had elected Scott York for Chairman of
the Board of Supervisors. He added that Chairman York’s
representation had been removed from all of the citizens who
voted for him. He urged members to reconsider these actions.

Dan Leary, a resident of Ashburn, stated that he assists Ron
Sage, the chaplain of Prison Ministries. He urged the Board to
support Ron Sage and the new jail as soon as possible. He also
asked that this new Board consider looking at crime in Loudoun
County.

Valerie Kelly of Middleburg said Abraham Lincoln, a Republican,
must be turning over in his grave due to the actions taken by
the Board at its January 5th meeting. She suggested that
Supervisors Tulloch and Waters visit Lime Kiln Road to see how a
floodplain would look after a flood. She said that the whole
process has been corrupted. She stated that six members embraced
the substance of tyranny in the name of democracy and had thrown
representative government out the window. She added that these
six members were simply trying to preserve a façade.

Dr. Judy Card, Director of Mothernet Healthy Families Loudoun
and Co-Chair of the Loudoun Human Services Network, spoke on
behalf of the 31 public and private human service agencies and
organizations. She provided the Board with an update of these
programs. She added that the Network’s priority was to advocate
for a countywide needs assessment essential for Loudoun County.

Karl Phillips represented the Purcellville Town Council and read
a resolution passed by the Town of Purcellville’s on their
position regarding the county appointment to the Purcellvile
Urban Growth Area Management Plan PUGAMP steering committee. He
said that all citizens have duties as well as rights and such
rights cannot be enjoyed without the law being respected and due
process observed. He added that the electors of the Blue Ridge
District had elected James Burton to serve as the Supervisor to
represent the citizens. He added that citizens also wanted
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Supervisor Burton to serve on the joint Purcellville Urban
Growth Management Plan Policy Review Committee. He responded to
an email from Supervisor Tulloch regarding the Council’s
consideration to expand the committee, he said the answer was
no. He urged the Board to take this action today.

Philip Goshorn of Leesburg spoke regarding the Board actions of
the January 5, 2004 meeting. He explained that the public had
worked over the last four years on a Comprehensive Plan, a 20-
year plan, and this new Board was attempting to rip it apart. He
asked what was wrong with the new Board members. He advised that
if the Board wanted to stay in office, members should get with
the plan and start working with everyone.

Marina Murdock stated that she had previously served as
President of the PTA at Hillsboro Elementary and various other
organizations. She referred to an article in a newspaper about
Sheriff Simpson having demoted or fired deputies. She explained
that the deputies who were fired had served on campaigns of
other candidates for the sheriff’s position. She asked the Board
to review Sheriff Simpson’s actions. She also questioned Sheriff
Simpson’s request to double his budget at the same time he
lowered his staff. She demanded an audit of why the Sheriff
requested an increase in budget.

Joseph Padavano of Lovettsville urged the Board of Supervisors
to prevent Loudoun County on becoming a gravy train for
developers. He explained that there was nothing wrong with
landowners and developers making a profit, but strongly opposed
to their profits being subsidized by Loudoun taxpayers. He
discussed the Western Transportation Corridor proposal and the
option to delete developers paying for impact fees. He asked for
an explanation of these actions. He also asked how this Board
planned to deal with the cost of growth. He urged the Board to
support the impact fees and not force taxpayers to subsidize
developer profits.

Evelyn Johnson represented the Preservation Society of Loudoun
County. She discussed the Purchase of Development Rights
Program. She explained that the funding formula of Loudoun
County continue to be misrepresented by some Board members. She
said the tourism funds pay for the monies for volunteer
easements on land purchased at 50% of its market value. She
urged the Board to do what was right for the Loudoun taxpayers
by saving the land, saving the heritage, saving the money, and
continuing the PDR Program.

Andrea McGimsey, a resident of Ashburn, explained that she is
cared about the entire County. She said that she could not
understand how this Board could not support adequate public
facilities at the State level. She asked that if this was about
bringing taxes down then why did the Board not support impact
fees.

Paul Siker, a Loudoun resident for 16 years, discussed the issue
of growth and how to manage the process without bankrupting the
future, eroding the quality of life, or destroying the County’s
history and resources. He advised that each Board member had
been entrusted to lead this County to greater prosperity not
only for developers, but also for all of the people of Loudoun
County. He added that effective government listened carefully to
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its citizens through an open public dialogue. He advised the
Board to be assured that the citizens of Loudoun County were
resolved to watch, listen and act.

Brad Boland lives with his family off Snickersville Turnpike in
Purcellville. He welcomed Supervisor Snow’s enthusiasm and
confident that he would work productively with Supervisor Burton
and the citizens in the west. He stated that the County should
work more productively with the development community. He
explained that it was essential to preserve heritage, open
spaces, and was confident that the new Board would lead the way
that preserved the best of both east and the west.

Eileen Levandowski of Purcellville spoke regarding a recent
speech by Al Gore, which reminded her of an email listing about
20 things to believe to be a Republican today. She explained
that she was struck by similarities between the actions of the
Bush Administration and the GOP Board majority. She discussed
Republican Standard Operating Procedures. She asked for the
citizens to vote in Virginia’s Democratic Presidential Primary
on February 10, 2004. She stated that this was an extremely
first step toward Democratic party building.

Malcolm Baldwin manages a small farm in Lovettsville and spoke
in support of protecting his property rights and his civil
rights. He explained how the voters elected the Chairman
countywide and that the voters expected the Chairman to exercise
the customary authorities of elected Chairman in the past. He
urged the Board to show decent respect for the opinions of the
Loudoun County voters. He said the hasty secretive actions of
the January 5th meeting disenfranchised County voters. He asked
that Chairman York be restored with his authority that the
voters approved and expected.

Richard Churan, a Loudoun resident, congratulated the new GOP
Supervisors. He explained that the Board has been charged with
bringing moderation back to Loudoun’s political arena. He
requested that the Board revisit Chapter 1 of Chapter 7 of the
Rural Policy Area. He stated that the residents at Route 15 and
Lucketts were entitled to a safe highway with adequate
shoulders. He added that Routes 9, 15, and 50 were also unsafe.
He urged the Board to not build the bike path approved by the
previous Board until the roads were made safe.

Richard Charan read a statement submitted by his wife, Barbara
Charan. She congratulated the new GOP Board members. She thanked
the Board for doing away with the PDR Program and said that this
money could be used to reduce the real taxes for residents.

Margaret Sterrett, a Purcellville resident, expressed concern
that the new Board had sent the County back to the 90’s by
reducing the Chairman at Large to that of a figurehead. She
believed this was more than just a power grab, but intended to
subject the Chairman to public ridicule. She described the
blatant concealment of the impending proposals from three
incumbent supervisors and the public at large. She added that
the Board action on January 5th made Loudoun County the laughing
stock in the Commonwealth and other parts of the country. She
urged the Board to take action now and restore the dignity and
stability of the governing body and reconsider the Rules of
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Order. She asked Supervisor Snow to graciously step aside and
nominate Supervisor Burton to the PUGAMP for his replacement.

K.F. Sterrett yielded his time to his wife, Margaret Sterrett.

Joe Bane, Jr., a resident of Loudoun County, stated his support
of the actions taken by the new Board of Supervisors. He
explained that the location of Loudoun County would attract
people to strive to live and work in this area. He encouraged
the new Board to try new approaches to road building, funding
schools, and setting aside water resources. He said it was time
for western Loudoun residents and taxpayers to support the Route
690 cloverleaf/interchange and the Route 9 West Road improvement
identified in 1993 before the current growth.

Lester Harding stated he lives in Leesburg with his family. He
supported the majority of the Board of Supervisors on actions
made at the January 5th meeting. He said he was glad to see that
his tax dollars would no longer go to the PDR program. He also
supported preserving the Western Transportation Corridor and the
need to act now to make sure that this right-of-way was
established. He requested that this Board work on ways to reduce
taxes in Loudoun County.

Barbara Munsey of South Riding thanked the Board for approving
funding of the Brambleton Elementary School. She urged the Board
to also support the Kirkpatrick Elementary School. She said that
if this Board was to move forward and address the important
issues facing this County, the malicious comments must be
stopped. She stated there is too much work for this Board.

Helen Marcum, a lifelong resident of Loudoun County, discussed
campaign contributions, political pampering, power grabbing,
deliberate deceit, untruthfulness, dialog between elected but
not sworn in Board members, prearranged committee assignments,
Rule of Order changes, trumped up charges against a fellow Board
member. She witnessed these things at the first meeting of the
1996 Board of Supervisors on which she served. She explained the
parts played by Mr. York, Mr. Burton and cohorts on this. She
asked that a little respect be given to the caretakers and
landlords of this County. She realized that all of this was a
lesson in history and the Board needed to move forward.

Albert Bland explained that in 1999, when St. Louis was the
Mercer District, Jim Burton was supported for re-election. He
said that in 2000, he had asked for some help for the village of
St. Louis, but Mr. Burton said that the Board could not help. He
looked to the new Board for some help with the issues in St.
Louis. He stated his support of the new Board.

Betsy Mayr of Leesburg spoke on behalf of the League of Women
Voters. She explained that the mission of the League was to
encourage citizens to become active and informed of government.
She explained that many actions of this Board during the January
5th meeting were executed without proper notice to the public,
staff and other Board members. She said the League would
continue to speak out against such action taken by any Board
that weakened our citizens’ ability to participate fully in the
process of government.
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Winston Porter, a resident of Paeonian Springs, expressed his
disappointment in the January 5th meeting and was embarrassed as
a Republican. He said that he had never seen so many decisions
taken in secret before the meeting without public input. He
urged this Board to honor the public process. He added that not
one single citizen voted for Mr. Tulloch for Chairman of this
Board of Supervisors. He said the new Board members should show
some leadership and work together.

Joe Bane Sr., a Purcellville resident, stated his endorsement of
the six supervisors and congratulated them on an outstanding
aggressive policy regarding the restoration of private property
rights in Loudoun County. He was happy to see the elimination
the PDR program. He added that this program could continue as
long as it did not use taxpayers’ money.

Judith Randal Hines, a Lovettsville resident, stated that she
was appalled by the high-handed ways of the new Board. She asked
if the Board had forgotten that the citizens had elected Scott
York as Chairman and that the Comprehensive Plan was arrived
through public process. She said that the elimination of the PDR
program was short-sided and would destroy the tourism industry
for Loudoun. She also wondered why the Board wiped out the
Healthcare Advisory Committee.

Michelle Galler of Leesburg stated that the citizens elected
Scott York as Chairman At-Large, but had been stripped of his
powers by the new Board to represent the people. She said that
the new Board had obliterated Purcellville’s ability to decide
its own fate by replacing their representative supervisor. She
added that the Western Transportation Corridor and Cross Trails
Boulevard was to be revisited through developer interest in
building more homes and commercial properties along the through
ways. She advised that the citizens would be watching to ensure
that the democratic process would be upheld.

Bob Chase, President of the Northern Virginia Transportation
Alliance, described Loudoun as a County in transition. He urged
the Board to preserve and protect the transportation options. He
discussed the need for the Western Parkway Corridor with Potomac
Crossing and another crossing connecting the Fairfax Parkway or
Route 28 with the Maryland side. He said both projects have been
political footballs for decades. He urged this Board to ask the
Governor and Secretary of Transportation to restore immediately
the funds for the Six-Year Plan. He also asked the Board to
protect Loudoun’s transportation options.

Betsy Brown of Leesburg explained that the January 5th Board
actions were approved by developers, but the rest of the
citizens were in shock. She said these actions violated the
rules of public notice and professional courtesy to colleagues.
She asked the Board to proceed with respect for the public
process and grease the wheels of good government with the
tradition that Loudoun has long honored of professional courtesy
to colleagues. She urged the new Board to restore Scott York to
the Chairman position that the citizens had elected him to fill.
She also asked that Sally Kurtz’s planning commissioner, Dr.
John Herbert, be approved.

Jon Moseley of Ashburn explained that there were changes in
democracy. He advised that Supervisor Snow was the most
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important person that Purcellville could have. He said once
plans were worked out, Mr. Snow could move forward to the Land
Use Committee agenda for action. He said that Mr. Burton’s long
public service was obvious, but for the future having the Chair
of the Land Use Committee listening to Purcellville’s concerns
was the best thing that could happen.

Barbara Baroody of Lincoln protested the Board’s actions of
January 5th. She said that through many years of hard work and
dedication, the Republican Party was built into a strong force
which became representative of all citizens of Loudoun County.
She added that Republicans worked for the good of the Party. She
said that the Republican Board members were elected to guide the
County into the future. She stated that governing by payback was
not an acceptable form of government. She explained how these
actions have disgraced the party and would have repercussions in
election results of John Warner, Congressman Wolfe, Senator
Allen, and reflect on the Presidency of George Bush.

Sandra Jimenez of Chantilly stated that she had asked the
previous Board to give consideration to her family subdivision,
but they did not listen. She said that Supervisor Delgaudio and
Chairman York sided with the law by opposing the decision. She
asked the Board to not slow down in efforts to serve and to make
a positive change to the County.

Ken Reid, a Leesburg resident, stated that there had been a lot
of the rhetoric on both sides and it had been too heated. He
asked Chairman York to show leadership on the Western
Transportation Corridor and the transportation program that
Hobie Mitchel offered to the sub-committee last week. He stated
his support of the preservation of transportation and right-of-
way.

Jenny Andrade stated her support of the new members of the Board
of Supervisors. She spoke on behalf of her mother who was unable
to be present due to health problems. She said that the newly
elected members are restoring the government to the people. She
urged the Board to keep up the good work.

William Jimenez is a resident of the Ridings at Blue Springs.
He said that the people appreciate the interest of the Board in
the community and supported the newly elected members. He urged
the Board to continue to fight for their beliefs and continue to
bring hope to the citizens by improving the school systems and
bringing the County expenses in line with reality.

James Brownell of Purcellville stated that he had served on the
Board of Supervisors for 24 years. He directed his remarks to
the Republican members of the Board. He said that actions toward
Scott York, Jim Burton and Sally Kurtz did not do the County any
good. He discussed the process used on the Comprehensive Plan
and Zoning Ordinance. He explained how the old Board went too
far their way, and asked this new Board to not make the same
mistake and go too far the other way. He urged the Board to be
aware of the negative impacts of land use decisions on the
Loudoun County citizens. He added that adopting a more
compromising document would be a better option. He asked that
the Board always keep in mind what is best for the County. He
said a welcome first step would be to put Supervisor Burton back
on the PUGAMP.
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Pat Rhodes is President of Northern Virginia Builders Industry
Association (NVBIA). He discussed the importance of the building
industry to Loudoun County. He said the future of Loudoun is
very important and NVBIA supported the Board. He added that the
proffer cost was a staggering amount and that the builders were
paying their fair share. He was confident that the Board would
address the transportation problems facing Loudoun and the steps
to be taken toward balancing the budget. He said that it was
unrealistic to stop growth, but it can be managed.

Monica Jimenez welcomed the newly elected Board members and was
confident that they would be respectful to all Loudoun County
residents. She urged the Board to keep up the good work.

Keith Reasoner is the Mayor of the Town of Hamilton. He read a
resolution, which the Hamilton Town Council passed on January
12th. He discussed the accomplishments of working with the Town
and Board. He encouraged the Board to attend the Town Council
Meeting, held on the second Monday of every month at 7:30 p.m.
He also invited Board members to join him for lunch.

Dimitri Kesari of Hamilton thanked the Board majority for
keeping their campaign promises in creating rational and
reasonable government. He invited those interested to attend a
Republican committee meeting next week. He said that he did not
remember any complaining from previous Board members when Scott
York stripped Chairman Dale Myers of her responsibilities as
Chairman.

Edna Cross owned and operated Jebra Farms. She stated that the
voters of Loudoun spoke in November 2003 and elected their
chosen representatives to the Board of Supervisors. She said the
previous Board allowed their actions to benefit a narrow
interest group. She urged this Board to act to represent the
majority and act with an open mind demonstrating compromise and
cooperation. She also urged the press to present all the facts
and allow the readers make their own conclusions.

Uta Brown of Purcellville stated that debt is real. She said
that she was tired of the lie that eastern people were
subsidizing the open space in the west. She explained that open
space in the west was subsidizing the homeowner in the east. She
said Chairman York and Supervisors Kurtz, Burton and Towe’s
decisions were not based on special interest, but a long-range
view to control the skyrocketing debt. She added that a large
part of Loudoun’s tax money was going to Richmond and was not
coming back. She said without impact fees on developers, taxes
would get worse.

Bill Assaad of Hamilton explained that his family had bought
some property in Loudoun 25 years ago. He stated that the Dillon
Rule did not stop the County and the Town from taking away his
rights. He urged the new Board to continue the road taken and
consider the property owners who have lived in Loudoun for
years. He congratulated the newly elected Board members on their
election.

Kay Spruill is the Program Director for Jeremiah House, a
nonprofit Christian maternity home in Paeonian Springs. She
explained that Jeremiah House has been a member of the Loudoun
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Human Services Network for the past couple of years. She
provided an update of Jeremiah House and invited Board members
to visit.

Ann Jansen of Leesburg expressed her concerns regarding the
Board actions at the January 5th meeting. She stated that the
people of Loudoun County wanted balance, representatives who
would listen to them, and communities with open space. She
discussed how the voters had elected Scott York for Chairman.
She asked that Supervisor Kurtz be allowed to have her Planning
Commissioner, Dr. John Herbert. She explained that Supervisor
Burton had knowledge of the people of Purcellville. She
expressed the need to work together to preserve Loudoun County
with balance.

Peter Olechnovich explained that he recently purchased his first
house in Hamilton. He had studied the concept of Smart Growth
and would not categorize the policies of the previous Board as
Smart Growth. He said that the PDR Program was not in the best
interest of the majority of Loudoun County citizens, but
benefited a small minority of landholders. He supported the
Board’s decision to abolish the PDR Program. He looked forward
to the new Board of Supervisors instituting policies that
represent true Smart Growth and make Loudoun County a better
place to live and work for all of its citizens.

Lisa Muehlheim is a Sterling Park resident and stated her
support of the actions of the majority of the Board of
Supervisors January 5th to stop the public spending on the PDR
Program. She also supported Supervisor Delgaudio’s proposal to
review the budget process. She appreciated the Board taking the
time to understand the budget before making decisions about
funding. She urged the new Board to work toward making Loudoun
more affordable.

Mari Hommel, an attorney representing Gas Mart Corporation,
reminded the Board that public policies do carry financial
consequences. She spoke regarding a claim for compensation filed
by Gas Mart against the County. She said the amount of the claim
was $1.16 million and not a part of the ongoing litigation
challenging validity of the Zoning Ordinance Amendments adopted
last January. She stated the Notice of Claim Letter was being
submitted today via the County Attorney. She explained that the
claim was based on the guarantees under the U.S. Constitution
and the Virginia Constitution that no property would be taken
without just compensation. She asked that the Board allow the
dialog to continue on resolving this claim.

Betsy Hobbs-Monroe of Leesburg stated that Chairman York lives
in the east, but respects the complexities of Loudoun County.
She asked how the new Board could override the desire of the
voters of this entire County that Scott York represent everyone
in Loudoun as Chairman. She urged the Board to stop and consider
all of the citizens.

Anna Chamberlain of Ashburn read the definition of ―balance‖ as
a state of equilibrium and equality. She said she had no doubt
that six members would always vote as a block and wondered where
the balance would be. She questioned who would pay for the sewer
and water lines envisioned in the transition zone, the
additional schools, roads, fire and safety that would be needed.
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She also asked why Memory Porter was instructed to not pursue
impact fees in Richmond. She expressed concern with the Board’s
action not to approve Sally Kurtz’ Planning Commissioner, Dr.
Herbert and to remove Supervisor Burton from the PUGAMP. She
said that it was shameful what the Board had been done to
Chairman York. She said there was no balance, no equity, no
courtesy, and no choice to discuss and debate with this Board.

Roma Dawson lives on Gum Springs Road and supported the votes of
the new Board of Supervisors at the January 5th Board Meeting.
She also supported the abolishment of the PDR program. She urged
the new Board to stay the course.

David Weintraub of Lovettsville agreed with Supervisor Snow’s
comments from the January 5th regarding the belief that public
policy should be based on facts, rather than feelings. He
explained that when American citizens are disenfranchised and
recognize that those in position who make public policy have no
intention of representing them. He added that this was how
authoritarian government start. He stated that the gang of six
expected that after the public had expressed its anger, things
would calm down and people would begin to accept a new level of
secrecy and authoritarian practice in government as normal.

Patric Copeland is President of the Preservation Society. He
expressed his support of the PDR Program and explained that the
program had been funded by the TOT funds. He said that
preserving open space and historic property using these funds
make good economic sense, because tourists do not come to
Loudoun to see asphalt and subdivisions. He urged the new Board
to reconsider the PDR program and fully fund it.

Martha Polkey of Leesburg explained that she is a sheep farmer
and also a member of the Catoctin Coalition, a group working to
improve safety and traffic flow on Route 15 while preserving the
heritage of the area. She said that Supervisor Kurtz had
supported this research project as well as six other states. She
commented on the Gas Mart application and stated that the
citizens did not want to see underground fuel tanks in the
floodplain. She stated they requested denial of the application.
She also expressed her support of the PDR program funded through
tourism funds. She urged the Board to support the hard working
farmers.

Rose Ellen Ray, a resident of Leesburg, thanked the new Board
for a necessary and productive first meeting. She said the Board
was putting Loudoun back on track on good sense and fiscal
responsibility. She discussed the exploding cost to build
schools and homes. She was glad this Board was moving to the
center, balancing the interests of the American dream. She
stated there were flaws in the Smart Growth program and urged
the Board to address these issues.

Mayor Frank Etro welcomed Board members to visit him in Round
Hill and have lunch. He read a resolution, which had been
adopted by the Town Council Meeting. He expressed the Town of
Round Hill’s support of Chairman York and Supervisor Burton.

Bob Bosco, an Ashburn resident, expressed his support for the
actions of the new Board. He discussed the RSCOD issue and
stated that there were thousands of homes in eastern Loudoun
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which were now in RSCOD. He urged the Board to reconsider this
section of the ordinance along with the section. He also
commented on the credit card/debit card situation where $2.3
million was spent last year without much control. He urged the
Board to freeze this fund, but allow the Public Safety and
family services to continue its use. He commented on the cost
overruns for the schools, unspent proffers, and bus issues. He
recommended that the Purcellville issue be placed on hold until
after the budgetary process.


Mary Moorcones of Purcellville discussed the January 5th Board
actions. She said that the message was that the citizens could
not trust the new Board and that they were puppets of the
developers who poured money into the campaign rather than
responsive to the citizens. She briefly discussed the Smart
Growth policy and said that the voters supported that issue in
the election. She said that the citizens of Purcellville would
not cooperate with the new Board’s recommendations.

Rodney Huber of Leesburg supported Supervisor Snow comments to
put facts back on the table. He urged the new Board to listen to
all the citizens.

Valerie Kelly of Middleburg read comments from her husband,
Robert Kelly. Her husband’s remarks stated that Loudoun County
had a big fiscal problem with too much residential development
and not enough commercial development. He stated that if the
battle escalate, Loudoun would be lucky to keep what they have
on the commercial side.

Suzanne Walker Wright lives on the Locust Hill Farm, which had
been in her family for 80 years. She welcomed the new Board
members and said they had sound values. She supported Helen
Marcum’s comments. She wished the new Board an exciting four
years on the good work to come.

Tom Priscilla of Purcellville stated that the voters re-elected
Scott York as Chairman of the Board of Supervisors and not Bruce
Tulloch. He stated his support of agenda Item 5 involving Board
members to reveal to the public campaign contributors when
applicable land use issues come before the Board. He said that
he opposed the appointment of two Board members to the PUGAMP
review committee. He stated that the Blue Ridge District voters
supported Supervisor Burton and the citizens do not want
Supervisor Snow’s participation at this time. He briefly
discussed the healthcare crisis in Loudoun County.

Sally Ann Miller of Paeonian Springs stated her support of the
actions of the new Board on January 5th. She said it was very
important that the government body address certain items. She
commented on the County bus contract being reconsidered for the
bid process and transportation issues. She agreed with a
previous speaker, Mr. Bosco, and supported the proffer funds
being used to eliminate some of the traffic congestion rather
than being held in reserve for the County bond rating.

Cliff Keirce, a resident of Ashburn, welcomed the new Board
members. He briefly discussed the traffic congestion issues on
Route 28 and Route 50 at the new Air and Space Museum. He
explained that floodplains being utilized for ballfields were a
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good use. He commented on property tax rates and that increasing
business growth could reduce the property tax rate.

David May of Middleburg discussed the Dillon Rule which was
created in 1880. He supported killing the Dillon Rule. He said
that people do not have the right do whatever they want. He
challenged any Board member or developer to explain any other
property right other than to own.

IN RE:   RECESSED

The Board recessed at 12:50 p.m. for lunch and reconvened the
meeting at 1:50 p.m.

IN RE:   PURCHASE OF DEVELOPMENT RIGHTS PROGRAM / INFORMATION
         ITEM

No Board action required.

IN RE:   PRESENTATION BY THE LOUDOUN COUNTY SANITATION
         AUTHORITY

Dale Hammes of the Loudoun County Sanitation Authority gave a
brief presentation to the Board on LCSA’s mission.

IN RE:   APPOINTMENTS

Vice Chairman Tulloch moved that the Board of Supervisors
confirm the following representatives:

    1.   Animal Advisory Committee

         Anne Hooks and Ann Gallus

    2.   Art Advisory Committee

         Ann Noel

    3.   Planning Commission

         Dr. John Herbert

    4.   Social Services Board

         Pamela Taggart and Ralph Forsht

Seconded by Supervisor Kurtz.

Supervisors Waters, Tulloch, Snow, and Delgaudio expressed their
support of Dr. John Herbert to the Planning Commission and were
impressed with his qualifications.

Vice Chairman Tulloch’s motion passed 9-0.

    5.   Community Services Board

         Supervisor Kurtz moved to suspend the rules.    Seconded
         by Supervisor Snow. The motion passed 9-0.
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          Supervisor Kurtz moved to confirm the appointment of
          Shaun V. Kelly to the Community Services Board.
          Seconded by Supervisor Waters. The motion passed 9-0.

    6.    Commission on Aging

          Supervisor Burton nominated Mac Brownell.
          Supervisor Kurtz nominated Martha Bernhart.
          Vice Chairman Tulloch nominated Thomas Vecchio.
          Supervisor Snow nominated Charlotte Nurge.
          Supervisor Clem nominated Fay See.
          Chairman York nominated Raymond Ehrenbeck.

    7.    Animal Advisory Committee

          Supervisor Delgaudio nominated Melinda Meador.

    8.    Cable TV Advisory Committee

          Supervisor Burton nominated Barbara Bearman.

    9.    Commission on Women.

          Supervisor Burton nominated Sally Myer.
          Supervisor Staton nominated Kathy Blackburn.

    10.   Community Criminal Justice Board

          Supervisor Burton nominated Rebecca Ottinger.
          Supervisor Clem nominated John Selock.
          Chairman York nominated Rhett Wade.

    11.   Parks and Recreation Advisory Board

          Supervisor Burton nominated Stephenie Doyle.
          Supervisor Delgaudio nominated Jim Kiser.
          Supervisor Kurtz nominated Su Webb.
          Vice Chairman Tulloch nominated Donald Brock.
          Chairman York nominated Mark Smith.

IN RE:    REQUESTS FOR AMENDMENTS, DELETIONS TO AGENDA/ADOPTION
          OF CONSENT AGENDA

Supervisor Burton moved that the Board of Supervisors accept the
agenda and consent agenda. Seconded by Supervisor Clem. The
motion passed 9-0.

The following item was included in the consent agenda:

IN RE:    ADMINISTRATIVE ITEMS REPORT/JANUARY 20, 2004

Supervisor Burton moved that the Board of Supervisors approve
the following three items in the Administrative Items Report of
January 20, 2004 (also attached at the conclusion of these
Minutes). Seconded by Supervisor Clem. The motion passed 9-0.

    1.    BUDGET ADJUSTMENTS – The Board moved to approve the
          budget adjustments as stated in the January 20, 2004
          Administrative Items Report.
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    2.   BOARD OF SUPERVISORS’ MINUTES - No minutes were before
         the Board for approval.

    3.   CASH CONTRIBUTION AGREEMENTS AND DEEDS FOR APPROVAL –
         The Board moved approval of the following:
         1) ESMT 2003-0093, Ashburn Village Section 11
         2) SBRD 2002-0137, Grenata
         3) ESMT 2003-0001, Browns Farm

IN RE:   RESOLUTION ON PROFFER ACCOUNTABILITY AND TRACKING

Supervisor Waters moved that the Board of Supervisors direct
staff to prepare a Proffer Accountability and Tracking report.
This report shall contain the following information and answer
the following questions:

    1) How much cash proffer money is in county control as of
       Jan. 20th?

         a. What are these dollars earmarked for? For each line
            item, please provide amount, who provided the
            proffer money, conditions on use, location where to
            be used, when the money can be used, and any other
            information pertinent to these dollars.

         b. What amount is available, in general, for
            transportation, education, parks and recreation,
            etc. (money not tied to particular locations)?

         c. In what account or accounts is the money held?

         d. Please provide an accounting for the interest
            earned.

    2) How much proffer money is committed in the future?

         a. What are these dollars earmarked for? For each line
            item, please provide amount, who provided the
            proffer money, conditions on use, location where to
            be used, when the money will be available, and any
            other information pertinent to these dollars.

         b. What amount is committed, in general, for
            transportation, education, parks and recreation,
            etc. (money not tied to particular locations)?

    3) The staff should also report on the process necessary for
       immediately utilizing any available proffer funds for
       needed transportation, schools or other specific
       improvements as determined by the Board, including an
       explanation of how proffer funds could be shifted to
       needed improvements even if changes to state legislation
       are necessary.

    4) Are approved proffer agreements available electronically?
       If so, are they searchable? If not, why are they not
       maintained electronically?

    5) What is the time line for transferring monies, either
       received as a result of a proffer or as a capital
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         facility contribution, to the appropriate agencies
         (schools, parks and recreation, etc.)?

    6) The staff shall submit the report to the Board of
       Supervisors within 30 days.

Seconded by Supervisor Staton.

Supervisor Waters expressed concern for the community regarding
the proffer system. She believed that the Board needed to know
if the current proffer system was fiscally responsible. She also
wanted to know if there was something wrong with this system,
could it be fixed, and could it be improved.

Supervisors Burton and Tulloch both expressed their support of
the motion.

Supervisor Snow expressed the need to know the amount of
proffers that was not collected due to by-right development.     He
said most of the Dulles and Brambleton citizens had been
impacted by by-right activity.

Supervisor Kurtz expressed the need to explain the difference
between the proffer system and by-right development, and what
the Board could and could not do with it.

Supervisor Waters accepted Chairman York’s suggestion to include
the history of what had been spent, where it had been spent, and
the amount of money that had been collected in the past years.
This information was not required to be available within the 30-
day timeframe.

Chairman York also expressed his support of this motion and
expressed his support of having impact fees that would help pay
for schools and transportation.

Supervisor Waters also requested Staff to provide copies of any
memos relating to use of proffers in the recent months relevant
to this issue.

Supervisor Snow expressed the need to know why people choose by-
right development.

Supervisor Burton stated that it would be useful to look at the
rezonings that had occurred since the current proffer policy was
adopted.

Supervisor Waters’ motion passed 9-0.

IN RE:     ATTORNEY GENERAL KILGORE’S OPEN GOVERNMENT INITIATIVES

Chairman York moved that the Board of Supervisors express its
support for Attorney General Kilgore’s Open Government
Initiatives and that the Board upon adoption of said Action Item
formally notify the members of Loudoun’s legislative delegation
to the General Assembly, the Attorney General, Governor, Senate
Majority Leader, Speaker of the House of Delegates, the Senate
Minority Leader and House Minority Leader of said position.
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Chairman York further moved that the Board of Supervisors direct
the County Attorney to draft the appropriate ordinance/ policy
document to enact such contribution disclosure procedures.
Seconded by Supervisor Kurtz.

Supervisor Staton requested that the motion be separated.

Chairman York explained that the first part of the motion was to
support the position that once elected officials were elected
and even prior to taking office, would come under FOIA. The
second part was about requiring Supervisors to reveal campaign
contributors with Land Use matters before the Board of
Supervisors and would direct the County Attorney to draft the
ordinance.

Chairman York accepted Supervisor Staton’s friendly amendment to
include the legislative caucuses as subject to the Freedom of
Information Act.

Supervisors Burton expressed his support of this motion.

Supervisor Waters believed that openness in government was a
good thing. She referred to the votes taken by the prior Board
where she felt some of her voters were disenfranchised since her
vote did not count.

Supervisor Snow stated that he was an advocate of open
government. He explained the advantage of including transition
team offices. He expressed the need to include that any
decisions made by the outgoing Board be void unless the new
Board also voted on it.

Vice Chairman Tulloch said that he endorsed Attorney General
Kilgore’s open government initiatives.

Supervisor Delgaudio also expressed his support for open
government initiatives.

Chairman York’s motion to support Attorney General Kilgore’s
Open Government Initiatives passed 9-0.

Various Board members had the following questions relating to
the second part of the motion: how these records would be kept;
why not change campaign finance disclosure rules to require
reporting all contributions; if the Board could do this without
the State passing the bill; and if citizens during public
comments needed to disclose their dealings supporting or
opposing an item.

Jack Roberts, County Attorney, clarified that the way this was
written, there would be no need to draft an ordinance and that
this would be the law.

Supervisor Delgaudio explained why he wanted to amend this
ordinance and expressed the need for full disclosure. He
suggested that the Board not act on this today.

Supervisor Burton reminded the Board that this was legislation
relating to land use proceedings. He believed that there was
nothing wrong in requiring the applicant to disclose if they had
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contributed to some members of the Board. He added that Board
members should also disclose their dealings with developers.

Supervisor Snow stated that he found it disturbing that only one
segment of the society would be required to disclose their
contribution. He suggested looking at those who opposed land
use since they also have economic interest to the land. He
believed that anyone who comes to the Board relating to land use
must disclose their interest.

Vice Chairman Tulloch asked the fiscal impact of this to the
County and had several questions relating to this. He suggested
that this part of the motion be withdrawn until the legislators
had decided on this issue.

The motion that the Board of Supervisors direct the County
Attorney to draft the appropriate ordinance/ policy document to
enact such contribution disclosure procedures was withdrawn by
Chairman York.

IN RE:    APPOINTMENTS TO PURCELLVILLE URBAN GROWTH AREA
          MANAGEMENT PLAN COMMITTEE

Supervisor Snow moved that the Board of Supervisors nominate
Supervisor Burton to be appointed in conjunction with Supervisor
Snow to represent the Board of Supervisors to PUGAMP and nominate
Planning Commissioner Nancy Hsu as the Planning Commission
representative. Seconded by Supervisor Staton.

Supervisor Staton requested Karl Philips, Town of Purcellville
Council member, to answer several questions. He believed that
there was misunderstanding as to the intention of the action of
the Board relating to PUGAMP. He added that an insult was never
intended and apologized for any perceived insult. He asked the
Town’s position on having Supervisors Burton and Snow included in
Joint PUGAMP Review Committee.

Mr. Philips replied that issue was not about Supervisor Snow’s
qualifications or his political view. He said the objection of
Council was based upon a principle of representative government.
He said that the people of Purcellville did not elect Supervisor
Snow to represent them on the Board of Supervisors. He added that
the general feeling from the community was that they felt strongly
that Supervisor Burton was chosen to represent them to the Board
of Supervisors. He said the Town Council voted unanimously that
Supervisor Burton should be the only person to represent the Board
on this committee. He added that all members of the Board were
welcome to attend the PUGAMP committee meetings.

Supervisor Staton also asked Mr. Philips if the original agreement
between the County and the Town specifically stated that the only
representative for the Board of Supervisors would be the Blue
Ridge representative.

Mr. Philips replied no, but this was the position taken by the
Council at this time. He reasoned that traditionally it had been
this way. He explained that the resolution passed by the County
was a policy statement.

Supervisor Staton requested the Town Council to consider the
motion that was presented which would be viewed as a starting
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point to build an understanding between the County and the Town
and to move forward in a spirit of cooperation.

Mr. Philips replied that Supervisor Snow was welcome to
participate in the PUGAMP process as a citizen of the County, but
not a member of this committee. He said that the Town desired a
positive working relationship, but that relationship must be based
on a mutual level of respect.

Supervisor Staton expressed that he did not see this issue being
approached in a spirit of cooperation, but more of a demand.

Mr. Philips replied this problem existed because the appointment
was done without public discussion. He added that the people of
the Blue Ridge District voted for Supervisors Burton and York, and
that Supervisor Snow was not accountable to the people of the Blue
Ridge District.

Supervisor Snow stated that the representative from the Blue Ridge
District was part of the Board and that there was no
disenfranchisement. He stated the agreement was that the Town and
County would both elect their representatives. He said that now
the Town was changing the rules by using representative democracy.
He expressed the need for an agreement wherein the County and Town
could move forward. He announced meeting with Mayor Druhan and
visiting the Town of Purcellville. He stated that as the Chair of
the Land Use Committee he had the responsibility to make sure that
he was aware of how the money was spent, how to prioritize, etc.

Vice Chairman Tulloch stated that if the PUGAMP document stated
that only the Blue Ridge District Board member would be the
representative, then it would be so. He explained that the Board
had appointed the chairman of the Land Use Committee to this
committee to better understand the needs of the Purcellville area.
He added that this was done without malice. He said that if the
Council was adamant in having just Supervisor Burton, he would be
also adamant to not take Supervisor Snow off of this committee.

Supervisor Kurtz referred to the comments of Vice Chairman Tulloch
on the reason why Supervisor Snow was appointed to this committee.
She said that this action had essentially insulted an entire
geographic area of the County. She stated that the Town of
Purcellville had informed the Board that they wanted to continue
the tradition. She explained the options that Supervisor Snow
could take on this situation.

Supervisor Snow explained why he believed the Town of Purcellville
had been done a disservice. He said that this was an opportunity
to help the Town of Purcellville. He added that this was a
genuine reaching out.

Supervisor Delgaudio said that he would support the motion
introduced by Supervisor Snow. He explained that Supervisor Snow
had a lot of things to do as chairman of the Land Use Committee.
He added that six out of nine Board members agreed he was the
right representative.

Supervisor Burton appreciated Supervisor Snow’s offer of
compromise, but would oppose it as a matter of principle. He said
that there were comments made by Supervisor Snow that were
incorrect relating the Purcellville area which he hoped he could
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discuss with Supervisor Snow. He said the PUGAMP Committee was
just ready to start its hard work and would go through a difficult
process. He also stated that he did not orchestrate the public
reaction to the vote taken by the Board on this issue at the last
meeting.

Supervisor Staton believed that the compromise that had been put
forward, but was not supported by the Town. He hoped that the Town
of Purcellville would be able to work out the differences with the
Board to be able focus on the making the County better.

Chairman York stated that the only compromise was to listen to
what the citizens of the Town of Purcellville had asked. He said
that the January 5th agenda did not include appointing Supervisor
Snow to the PUGAMP Committee, but he had recommended to place
Supervisor Burton to the PUGAMP Committee. He believed that it
should be the supervisor of the Blue Ridge District that should
represent the County in the Joint PUGAMP Review Committee. He
requested the Board to listen to the people, let them have their
representative, and move forward.

Supervisor Waters wanted everyone to understand that it was not
the intention of the Board to cause problems between the Town and
the County being partners. She said that Supervisor Snow was
chosen by the Board to represent the County to the PUGAMP
Committee because he was the Land Use Chairman and had expressed
interest to be part of this committee. She said that if it was the
intention that only the Blue Ridge District supervisor could serve
on PUGAMP on behalf of the County, then this should be changed in
the PUGAMP document. She expressed support of the motion and
believed that this compromise could work.

Supervisor Kurtz made an amendment to the motion and moved to
appoint Supervisor Burton, along with Supervisor Snow who would
serve without a vote, to represent the on the PUGAMP Committee.
Seconded by Supervisor Waters.

Supervisor Snow questioned the purpose of continuing the
relationship with the PUGAMP since there was no neutral agreement
in terms of who could change it. He believed that that he had
heard the comments made that there was no need to have the County
represented at all. He added that if this was true, to just let
the Town have their Supervisor to attend the meetings, and once
the votes were taken to pass it to the Board.

Vice Chairman Tulloch made a substitute motion and moved that the
Board of Supervisors table this item for further deliberation and
asked if the Town of Purcellville would amend the agreement
between the Town and County regarding PUGAMP so that additional
members could be added one from the County and one from the Town.
Seconded by Supervisor Delgaudio.

Vice Chairman Tulloch’s substitute motion passed 6-3, Supervisors
Burton, Kurtz, and York voted no.

IN RE:    LEGISLATIVE REPORT

1.   Photo-monitoring systems to enforce traffic light signals

Supervisor Waters moved that the Board of Supervisors oppose HB-
19, HB-370 and SB-92 and similar legislation similar
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legislation, which remove the sunset clause on use of photo-
monitoring at traffic signals. Seconded by Mr. Delgaudio.

Supervisor Waters expressed privacy concerns with the use of
cameras. She believed the County should oppose this at this
time.

Supervisor Delgaudio also expressed his opposition to these
bills.

Supervisor Snow stated that he was inclined to support this kind
of safety measure, but did not have enough information on how
this would be used.

Supervisors Kurtz, Burton, Clem, and York expressed their
support of these bills that would improve public safety.

Supervisor Waters motion failed 4-5, Supervisors Delgaudio,
Tulloch, Snow and Waters voted yes.

Chairman York moved that the Board of Supervisors support HB-
370, HB-19 and SB-92 and similar legislation, which remove the
sunset clause on use of photo-monitoring at traffic signals.
Seconded by Supervisor Burton. The motion passed 5-4,
Supervisors Delgaudio, Waters, Tulloch and Snow voted no.

2. Tobacco Taxes

Supervisor Burton moved that the Board of Supervisors support
enabling law to allow counties to impose a local tobacco tax.
Seconded by Supervisor Kurtz.

Supervisors Staton, Clem, Snow, and Waters expressed their
opposition to this motion.

Supervisors Kurtz, York, and Burton expressed their support of
this motion. They believed that this kind of measure would
deter smoking.

David Goodfriend, Health Department, explained that children
were sensitive to prices of cigarettes and children smokers
decrease with an increase in the prices of cigarettes. He
agreed that this was not a good source of revenue.

Supervisor Burton’s motion failed 3-6, Supervisors Kurtz,
Burton, and York voted yes.

Supervisor Waters moved that the Board of Supervisors oppose
enabling law to allow counties to impose a local tobacco tax.
Seconded by Supervisor Tulloch. The motion passed 6-3,
Supervisors Kurtz, Burton, and York voted no.

3. Business, Professional and Occupations Licensing (BPOL) fees

Supervisor Staton moved that the Board of Supervisors oppose HB-
91 and HB 461 and similar legislation that restricts the BPOL
taxing authority of local governments. Seconded by Vice Chairman
Tulloch. This motion passed 9-0.

4. State Education Formula Changes
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Vice Chairman Tulloch moved that the Board of Supervisors
support HB-193, HB-365, HB-392 and similar legislation that
would result in changes to the State education funding formula,
which decrease Loudoun’s fiscal burden. Seconded by Supervisor
Waters. This motion passed 9-0.

5. State Grants for Public School Construction - SB-20 and SB-87
   (Puller, Fairfax-D) and HB-395 (Rust, Loudoun-R and Senator
   Mims, Loudoun/Fairfax-R)

Vice Chairman Tulloch moved that the Board of Supervisors
support HB-395, SB-87 and SB-20 and similar legislation that
would provide additional funds for school construction and
infrastructure improvement needs. Seconded by Supervisor Clem.
This motion passed 9-0.

6. Study of State Aid to Localities for Adequate School
   Infrastructure – HJR-105 (Drake, Norfolk-R)

Chairman York moved that the Board of Supervisors support HJR-
105 and similar legislation that would study the adequacy of
funds provided to localities by the State for offsetting the
cost of school infrastructure. Seconded by Supervisor Clem.

Several Board members commented on this bill and expressed the
need for additional information on this issue.

Chairman York tabled this issue until the next meeting for
additional information. He requested Staff to inform the Board
if Board direction would be required prior to the next meeting.

7. At-Risk Education Funding Proposal

Vice Chairman Tulloch moved that the Board of Supervisors
support Delegate Dillard’s proposal for At-Risk Education
Funding that would only require a local match of no more than 20
percent was tabled until further information is provided.
Seconded by Chairman York.

Supervisor Waters expressed that she could not support the
motion until she reviews the legislation and requested the Board
to table this issue until the bill is present.

The Board tabled this item until further information is
provided. Staff was also asked to provide explanation why the
big difference between the Governor’s vs. Mr. Dillard’s amounts.

8. Motor Fuels: Tax Increase

Supervisor Delgaudio withdrew his motion to oppose an increase
in motor fuels tax until more information is available.

9. SB 361 (Colgan, Fairfax-R) .—Elderly and Disabled Real
   Property Tax Relief (Gross Household and Income Changes) and
   HB 94 (Cole, Fredericksburg-R).—Elderly and Disabled Real
   Property Tax Relief (Income of Nonspouse Relative Changes)

Supervisor Clem moved that the Board of Supervisors support SB
361 and HB 94 and similar legislation that expands the real
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property tax relief program for elderly and permanently
disabled. Seconded by Supervisor Staton. The motion passed 7-
0-2, Supervisors Kurtz and York absent for the vote.

10. SB 427 (Wagner, Virginia Beach-R).—Adds Loudoun County and
   other localities under the Chesapeake Bay Act and its
   regulatory requirements.

Supervisor Clem moved that the Board of Supervisors oppose SB
427 and similar legislation, which seeks to include Loudoun
County under the Chesapeake Bay Prevention Act. Seconded by
Supervisor Staton. The motion passed 7-0-2, Supervisors Kurtz
and York absent for the vote.

11. HB 1255 (Orrock, Fredericksburg-R).—Local Authority to
   Issue Proffer Anticipation Notes (Bonds)

Supervisor Clem moved that the Board of Supervisors support HB
1255 and similar legislation, which would provide localities the
authority to leverage developer contributions to issue debt for
capital improvement projects and infrastructure improvements.
Seconded by Supervisor Staton.

Supervisor Waters moved that the Board of Supervisors table this
item and take no position at this time until additional
information is available. Seconded by (inaudible). The motion
passed 7-0-2, Supervisors Kurtz and York absent for the vote.

12. HB 150 (Albo, Fairfax-R).—Imposition of Jail Fees for
   Driving under the Influence (drugs or alcohol convictions) and
   mandatory offense of three (3) days.

Supervisor Waters moved that the Board of Supervisors oppose HB
150 and similar legislation, which does not recover the cost of
housing inmates in Loudoun County. Seconded by Supervisor Clem.
The motion passed 7-0-2, Supervisors Kurtz and York absent for
the vote.

13. HB 358 (Suit, Virginia Beach-R)—Freedom of Information Act
   Changes Affecting Board of Supervisors Executive Sessions

Supervisor Waters moved that the Board of Supervisors oppose HB
358 and similar legislation, which may adversely affect local
governing bodies ability to hold executive sessions. Seconded by
Supervisor Staton.

Supervisor Burton believed that it was a good idea to have a
record of what happened at the executive session.

Supervisor Waters’ motion passed 6-1-2; Supervisor Burton voted
no, Supervisors Kurtz and York absent for the vote.

14. SB 246 (Deeds, Albemarle-D). - Mandatory Signage for Yard
   Sale, Special Events and Auctions

Supervisor Waters moved that the Board of Supervisors oppose SB
246 and similar legislation, mandating traffic congestion
signage for yard sales, auctions, and other special events.
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Seconded by Supervisor Staton. The motion passed 8-0-1,
Chairman York absent for the vote.

15. HB 99 (Cole, Fredericksburg-R).— Abolishes Sunset on
   Vehicles Bearing Clean Special Fuels License Plates

Supervisor Waters moved that the Board of Supervisors support HB
99 and similar legislation, removing the ―sunset‖ on use of HOV
lanes by vehicles bearing clean special fuels license plates.
Seconded by Supervisor Burton. The motion passed 8-0-1,
Chairman York absent for the vote.

16. HB 148 (Hargrove, Glen Allen-R).— Amends the Public-Private
   Education Facilities and Infrastructure Act of 2002

Supervisor Waters moved that the Board of Supervisors oppose HB
148 and similar legislation, which mandate additional State
review and approval of proposals prior to projects being
implemented under the Public-Private Education Facilities and
Infrastructure Act. Seconded by Supervisor Clem.

Supervisor Burton stated that he could support the first part of
this proposal which would require those participating in this act
to post performance and bid bonds, but he had a problem supporting
the rest of the bill.

John Sandy, County Administration, clarified that this was only
for the State mandated review.

Supervisor Burton believed the Board should support the notion
that there should be bond posted for this kind of a procurement
process and this should be separate from the review.

Supervisor Waters agreed with Supervisor Burton and asked that
the motion be clear that the Board opposed the mandate, but
amicable to the first part.

Supervisors Waters’ motion passed 8-0-1, Chairman York absent
for the vote.

17. HB 501 (Callahan, Fairfax-R and Reps Black, Loudoun-R and
   Marshall, Prince William/Loudoun-R).— Condition of Public Need
   Changes for Nursing Home Beds (Assists Falcon’s Landing in
   Loudoun County)

Supervisor Staton moved that the Board of Supervisors support HB
501 and similar legislation, which adjusts certificate of public
need requirements to assist Falcon’s Landing in remaining
fiscally viable for retired military personnel. Seconded by
Supervisor Snow. The motion passed 8-0-1, Chairman York absent
for the vote.

18. SB 557 (Devolites, Fairfax-R).— Limiting Local Authority:
   Newspaper Legal Notices Must Be from Virginia Publishers

Supervisor Delgaudio moved that the Board of Supervisors support
SB 557 and similar legislation, which restricts the options of
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JANUARY 20, 2004
PAGE

Loudoun County for the publication of legal advertisements.
Seconded by Supervisor Snow.

Supervisor Staton wanted to make sure that this legislation would
not limit the ability of the County to advertise in the local
papers.

Supervisor Snow expressed his concern wherein local papers were
not reaching the majority of the County’s population.

Supervisor Delgaudio’s motion failed 2-5-2, Supervisors Delgaudio
and Waters yes, Supervisors Clem and York absent for the vote.

19. HB 1006 (Rust, Loudoun/Fairfax-R).— Loudoun County
   Authority to Regulate the Use and Occupancy of Buildings

Supervisor Delgaudio moved that the Board of Supervisors support
HB 1006 and similar legislation, which allows Loudoun County to
regulate the use and occupancy of buildings, constructed,
altered, remodeled, or improved including the number of
residents with an amendment to continue the right to do rental
inspections in the event such amendment is needed. Seconded by
Supervisor Staton. The motion passed 7-0-2, Supervisors Clem
and York absent for the vote.

20. HB 372 (Rust, Fairfax/Loudoun-R). – Local
   Telecommunications Tax for the Towns of Vienna and Herndon

Supervisor Waters moved that the Board of Supervisors oppose HB
372 and similar legislation, if amended to apply statewide, will
mean a loss of Loudoun mobile telecommunications revenue to the
incorporated towns. Seconded by Supervisor Clem. The motion
passed 8-0-1, Chairman York absent for the vote.

21.   Estate Tax

Supervisor Waters moved that the Board of Supervisors support an
elimination of estate tax. Seconded by Supervisor Clem.

Supervisor Burton asked for additional information on this.

Supervisor Waters withdrew her motion until additional
information is presented at the next meeting. She also requested
Staff provide updated information on this issue.

IN RE:     ZMAP 2002-0012, CORRO PROPERTY

This item was deferred to February 3, 2004.

IN RE:     BOARD REQUESTS

Supervisor Snow requested Kirby Bowers to further explain the
transaction regarding BA-401329 – Wheatland Vegetable Farms Inc.
to the John Wolford Road.

IN RE:     TRANSPORTATION COMMITTEE REVIEW/ REVIEW AND
           DEVELOPMENT OF FINANCING MECHANISMS FOR TRANSPORTATION
           INFRASTRUCTURE PROJECTS
MINUTES
BOARD OF SUPERVISORS
JANUARY 20, 2004
PAGE

Supervisor Staton moved that the Board of Supervisors approve
the recommendation of the Transportation Committee and direct
the following:

In an effort to facilitate the immediate implementation of the
transportation projects identified on the Eastern Loudoun County
Transportation Exhibit, following FY05 budget deliberations,
staff be directed to:

    a) Establish rules and procedures for accepting Public
       Private Transportation Act (PPTA) proposals:
    b) Establish rules and procedures for initiating
       Design/Build projects;
    c) Review the Community Development Authority (CDA)
       regulations and determine what measures, if any, need to
       be taken to expand the CDA regulations to permit
       establishment of CDAs for mixed-use projects including
       residential components; and
    d) Review the ability of the County to designate
       Telecommunications Network Corridors, for the purpose of
       creating easements for public ownership, which could
       generate a future revenue stream for use in developing a
       County transportation infrastructure.
Seconded by Supervisor Delgaudio.

Supervisor Burton requested that item c) be separated.

Supervisor Burton reminded the Board that funding of roads was a
State responsibility.

Supervisor Staton’s motion to approve items a), b), and d)
passed 8-0-1, Chairman York absent for the vote.

Supervisor Snow believed that it was better to do something than
to do nothing. He discussed the traffic jams in the community.
He added that this might be a different approach, but this was a
solution to get the roads in the County.

Supervisor Staton’s motion to approve item c) passed 8-0-1,
Chairman York absent for the vote.

IN RE:   TRANSPORTATION COMMITTEE REPORT/ SUMMARY OF THE
         JANUARY 12, 2004 MEETING

The Board accepted, as presented, an item which summarized the
Transportation Committee Meeting of January 12, 2004 (attached
at the conclusion of these Minutes).

IN RE:   BOARD COMMENTS

Supervisor Burton thanked all the citizens who came during the
public input session. He thanked the citizens for expressing
their support and hoped that the dialogue on the PUGAMP issue
would be more civil. He added that there were principles
involved in this issue. He also announced that he was behind in
answering his e-mails.
MINUTES
BOARD OF SUPERVISORS
JANUARY 20, 2004
PAGE

Supervisor Delgaudio stated that he had sent out e-mails and
responded to 300 people who had written to him.

Supervisor Kurtz invited everyone interested to attend an
informational meeting regarding the Western Transportation
Corridor on Wednesday evening, February 4th, at Tolbert
Elementary School.

Supervisor Waters referred to her tour of the Schools and had
seen the need to renovate the bathrooms at the Loudoun County
High School. She was looking forward to visiting all the schools
in her district and hoped to sit in some of the classes. She
commended Mary Early and Emily King, two 8th graders from Belmont
Ridge Middle School, selected to be Pages for the General
Assembly. She hoped that more students would be involved in the
public policy process. She thanked residents of Alexander’s
Grove who had attended a community meeting. She expressed the
residents concerns about the tax exemptions. She added that
none of the residents supported a $1.33 tax rate. She encouraged
residents in the Broad Run District to serve on advisory boards
and commissions.

Supervisor Snow ensured everyone that he would do his best for
all of the County residents. He hoped that the PUGAMP issue
would be solved. He thanked people from the Dulles District and
others who had said to ―stay the course.‖ He also expressed his
support for open government. He announced meeting with HHMI
representative to expressed his suggestion of giving the County
$1.3 million/year wherein $1 million would be directed to the
Affordable Dwelling Units and the $.3 million would be directed
for teachers’ pay increases or some kind of incentives for
biology and chemical teachers. He hoped that HHMI would consider
his request which would greatly help the community. He
announced that the Land Use Committee would be at 6:30 p.m.
every third Wednesday of each month.

Supervisor Clem thanked citizens who spoke during the public
input session. He said that he was delighted to see many people
energized on various topics. He hoped to see workable solutions
relating to the PUGAMP issue. He wanted everyone to realize
that he was he was his own man and not tied to any group of
people in the Board. He added that citizens would see people
taking different views on different issues.

Supervisor Staton thanked everyone who had attended the Board
meeting and had expressed his or her opinion. He said that he
learned in politics that the first thing that would go when the
rhetoric heats up was any idea of rationality or civility. He
felt that both sides should step back and to approach the Board
with a little more reason. He believed that the issue relating
to the Comprehensive Land Use Plan was not a black and white
issue. He also believed that the current Board’s goal was to
find the center on this issue. He stated that both sides could
continue to fight, but if everyone would be willing to step back
and deal with the issue, the Board meeting would be more
constructive.

Vice Chairman Tulloch thanked everyone who had commented on
different issues during the public input session. He believed
that the Board would do the right thing for the Town of
Purcellville. He also thanked the people who had forwarded him
MINUTES
BOARD OF SUPERVISORS
JANUARY 20, 2004
PAGE

e-mails in support of the actions taken at the January 5th
meeting of the Board. He explained the actions taken by the
majority of the Board at the January 5th meeting. He stated that
the new majority did not eliminate Chairman York's ability to
work with the new majority on the agenda. He stated that he had
invited Chairman York to work with him and Kirby Bowers on the
agenda. He hoped that Chairman York could find resolution in
their working together with the agenda. He said that the new
Board was stepping back and taking logical steps to better
understand some of the actions that were taken. He encouraged
people to get involved.

IN RE:   ANNOUNCEMENT

Vice Chairman Tulloch announced the plan to move the Executive
Session to January 22, 2004 at 5:00 p.m. in the Board Room.

Supervisor Waters announced the scheduled Business Forum on
February 3, 2004 at 8:00 a.m. which would be a round table
discussion with leading businessmen and women in the County.
She added that the regular Business meeting would start at 1:30
p.m.

IN RE:   RECESSED

Supervisor Burton moved that the Board of Supervisors recess the
business meeting until January 22, 2004 at 5:00 p.m. Seconded
by Supervisor Staton. The motion passed 8-0-1, Chairman York
absent for the vote.




_________________                  ______________________
CHAIRMAN                           COUNTY ADMINISTRATOR

_________________                  ______________________
DATE                               DATE

				
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