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Council Moves to Original SCR Alignment; Offers Browns $960,000

by Gazette Staff

Based on recent actions by the County and by Sam Brown, one of the owners of Crooked Run Orchard, the Purcellville Town Council has concluded the most expedient approach would be to construct the Southern Collector Road (SCR) on the original alignment. This alignment has been in PUGAMP since 1995 and was approved by both the Town and County and the SCR has been on Town and County documents since 1978. In the HS-3 settlement agreement, the County earmarked $1.5 million to acquire the right-of-way for the SCR. The Town had been trying to work with the Browns to place the SCR on what they call the preferred alignment.

The preferred alignment adopted by the Town in July 2009 avoids direct impacts to the existing farming operations of Crooked Run Orchard. The Town attempted to acquire 2.25 acres for the SCR, using 100 feet (plus or minus) on a small sliver of that property. An offer of $37,000 was made to Brothers Tim and Sam Brown who are 50/50 owners of the property. Sam Brown refused while Tim Brown has been in contact continually with the Town. The Town then moved to condemn the property. Sam Brown petitioned for and was granted a temporary injunction which will stand until the resolution of the County initiated lawsuit. The lawsuit disputes the Town's contention that PUGAMP phasing has expired and the Town can annex into its corporate limits properties in its urban growth area without joint approval with the County.

"Taking this all into consideration and the need to address our long standing transportation challenges, especially with Woodgrove HS opening this September, the Council has directed staff and our engineering firm to move forward with the original alignment or a variation thereof to complete the SCR ," said Mayor Bob Lazaro.

The Council has offered $960,000 to Sam and Tim Brown for the 16 acres that has already been annexed into Town. A letter was sent to them last week, which Sam and Uta Brown acknowledged that they received. They have not replied to the Town, but it seems unlikely that the Browns will quietly accept the offer, as according to Uta Brown, "They are offering to buy the 16 acres to kick Sam off the farm. As soon as they take possession they can just say good-bye. They don't have to give us anything [at that point]."

Judge Chamblin said at the bond hearing last week that the Town can take "discretionary legislative action" to complete the road on the 16 acres since it is in the Town. Mayor Lazaro said, "The County has no legal standing to challenge the purchase of the property to unnecessarily delay the project."

This alignment will be predominately on the Brown property which is owned 98.5% by Tim Brown and 1.5% by Sam Brown. According to the Browns, the offer is now primarily in Tim's hands. Uta Brown acknowledged that the offer "was very generous," but also said "Why would I walk away from my husband's life? This is what we do. I'm not giving this up, but it's up to Tim at this point."

There is only a quarter mile left to complete the road to Main and Route 287. From 690S along A Street to Main Street, the entire SCR will be about one and half miles long. Most has been constructed by developers, with the section between 20th Street and Maple Avenue already in place. The preferred alignment would also be mostly paid for by developers since Mrs. O'Toole plans to develop it. The original alignment would put the burden on the Town taxpayers.

Councilman Tom Priscilla said, "It is indeed unfortunate that the County, Supervisor Burton, and the Browns prefer an alignment which will not only impact the farm to agreater degree but also cost the taxpayers more to complete."

Councilman Greg Wagner stated "My concerns for the past decade of watching the SCR debate mature is that one or more parties would dig their heels and create an impasse." His concern seems to be playing out in spectacular fashion. As Wagner pointed out, "At the end of the day, it would appear Mr. Burton as the Board's proxy and the Browns (Sam and Uta) have summarized their position as 'No SCR, ever.' I've worked for years to move the alignment, bridge the wetlands, provide an access point for the Browns and ensure they are justly compensated. We all find ourselves not on the eve of explosive growth, but on the day after that growth."

Some are concerned about the future of the farm. Council member Jim Wiley predicts the "demise" of Crooked Run if the Town has to use the original alignment. He wrote to the Board of Supervisors, "I urge you to join with the Purcellville Town Council TO PRESERVE Crooked Run Farm, support the alternative alignment and subsequent completion of the SCR." He said, "Once again County politics, politicians and legal gamesmanship are threatening to overrule common sense and reason in the Town of Purcellville." Council member CJ Walker said he too is concerned about the farm continuing to operate but he warns that with Woodgrove High School opening in seven months, the need for the SCR is more urgent than ever. "I don't want to go through the farm but I feel it is right to build the road, " he said. He puts the blame for having to revert to the original alignment at the feet of Sam Brown, Supervisor Burton and the Board of Supervisors who he says rely on Mr. Burton for information. In the end, he said, "It is not about me, Sam Brown or the farm. It's what is best for the residents of Purcellville."

Council member Varmecky said, "I'm very disappointed and frustrated by having to move back to the original alignment. We have a solution in the new alignment that gives everyone something they wanted and reduces the impact on the Browns' property, and we can't use it. Our county representatives are solely responsible for the town returning to the original alignment."

He continued, "It's not the court's decision that is forcing the town back, but the county's violation of the settlement and annexation agreements. And while I'm not optimistic, I would very much like to work out a settlement. Unfortunately, the county's window of opportunity to live up to their agreements is short, and once the town moves in the direction of the original alignment, it will be difficult to change direction again. "

For those who do not want the SCR completed, the Mayor says, "Folks who want nothing done to solve transportation issues are not being realistic."

For more information, go to www.southerncollectorroad.com