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The meeting was called to order a 9:40 a.m. with all Members being present, and with Chairman Davis presiding.

Others present were William J. Leidinger, County Executive; David P. Bobzien, County Attorney; William O. Howland, Jr., Assistant to the County Executive, Barbara M. Jenkins, Assistant to the County Executive; Nancy Vehrs, Clerk to the Board of Supervisors; and Patti M. Hicks, Deputy Clerk to the Board of Supervisors.

2. CERTIFICATE OF RECOGNITION PRESENTED TO MARY LOU WINKLER FOR BEING SELECTED TO RECEIVE THE NATIONAL FOOTBALL LEAGUE'S "TEACHER OF THE YEAR" AWARD FOR 1993 (Tape 1)

Supervisor Dix moved approval of the Certificate of Recognition presented to Mary Lou Winkler for being selected to receive the National Football League's "Teacher of the Year" award for 1993. This motion was seconded by Supervisor Hanley and carried by unanimous vote.

3. CERTIFICATE OF RECOGNITION PRESENTED TO JOSEPH R. STOWERS FOR YEARS OF DEDICATED SERVICE AS CHAIRMAN OF THE PLANNING AND ZONING COMMITTEE OF THE RESTON CITIZENS ASSOCIATION (Tape 1)

Supervisor Dix moved approval of the Certificate of Recognition presented to Joseph R. Stowers for 17 years of dedicated service as Chairman of the Planning and Zoning Committee of the Reston Citizens Association. This motion was seconded by Supervisor Bulova and carried by unanimous vote.

4. CERTIFICATE OF RECOGNITION PRESENTED TO THE MEMBERS OF THE PLANNED RESIDENTIAL COMMUNITY (PRC) DISTRICT TASK FORCE (Tape 1)

Supervisor Dix moved approval of the Certificates of Recognition presented to Members of the Planned Residential Community (PRC) Task Force as follows:

This motion was seconded by Supervisor Bulova and carried by unanimous vote.

5. PROCLAMATION DESIGNATING FEBRUARY 28, 1994 AS "ARTS COUNCIL DAY" IN FAIRFAX COUNTY (Tape 1)

Supervisor McConnell moved approval of the Proclamation presented to Toni McMahon, Council of the Arts members, designating February 28, 1994 as "Arts Council Day" in Fairfax County. This motion was seconded by Supervisor Trapnell and carried by a vote of nine, Supervisor Alexander being out of the room.

6. CERTIFICATES OF RECOGNITION TO MEMBERS OF THE COUNCIL OF THE ARTS (Tape 1)

Supervisor McConnell moved approval of the Certificates of Recognition presented to:

This motion was seconded by Supervisor Alexander and carried by unanimous vote.

7. 10:00 A.M. - PRESENTATION BY THE NATIONAL ASSOCIATION OF COUNTIES (NACo) ON THE FEDERAL HEALTH REFORM IMPACT ON COUNTY GOVERNMENT (Tape 1)

Following a presentation by Tom Joseph, Associate Legislative Director, National Association of Counties (NACo) on the federal health reform impact on County government, Supervisor Hanley asked unanimous consent that the Board direct staff to provide an analysis on how the federal health reform would impact on the County's affordable health care program. Without objection, it was so ordered.

8. 10:30 A.M. - PRESENTATION BY THE DULLES CORRIDOR TASK FORCE ON RECOMMENDED ALTERNATIVE LAND USE CONCEPTS (Tapes 1-2)

Following a presentation by John Boland, Chairman of the Dulles Corridor Task Force, Supervisor Dix moved that the Board forward the three alternative concepts formulated by the Dulles Corridor Task Force, those being the Urban Center Models Options A and B, and the Village Model to the Virginia Department of Rail and Public Transportation (VDRPT) for testing as part of the VDRPT's alternatives analysis of rail in the Dulles Corridor. This motion was seconded by Supervisor Hyland and carried by a vote of nine, Supervisor McConnell being out of the room.

Supervisor Dix moved that the Board:

This motion was seconded by Supervisor Hanley and carried by a vote of nine, Supervisor McConnell being out of the room.

Supervisor Dix moved that the Board direct the Task Force and staff to monitor VDRPT's progress and be available to meet with VDRPT's consultant as needed to share and clarify information about the three alternative concepts so that VDRPT may proceed with their study on schedule. All coordination between the Task Force and VDRPT's consultant should occur through County staff and the established Technical Committee. This motion was seconded by Supervisor Hyland.

Supervisor Bulova asked that the motion be amended to add a tax review, and this was accepted.

The question was called on the motion, as amended, which carried by a vote of nine, Supervisor McConnell being out of the room.

Supervisor Dix moved that the Board:

This motion was seconded by Supervisor Berger and carried by a vote of nine, Supervisor McConnell being out of the room.

Supervisor Hanley asked unanimous consent that the current Comprehensive Plan be tested to provide a baseline. Without objection, it was so ordered.

Supervisor Hanley asked unanimous consent that the Board direct staff to review the current report on page 62, "at grade crossings", and determine why Whiele Avenue is classified as a low or moderate route. Without objection, it was so ordered.

9. 10:45 A.M. - PRESENTATION OF THE FISCAL YEAR (FY) 1993 ANNUAL REPORT OF THE FAIRFAX COUNTY ADVISORY SOCIAL SERVICES BOARD (ASSB) (Tape 2)

Following a presentation by Dr. Ruth G. Thomas, Chairman, Fairfax County Advisory Social Services Board (ASSB) of the Fiscal Year (FY) 1993 Annual Report of the ASSB, there was discussion, with input from Suzanne Manzo, Director, Department of Human Development.

Supervisor Hanley asked unanimous consent that the Board direct Dr. Thomas to send a memorandum to the Board of Supervisors concerning the compatability of the ADAPT System. Without objection, it was so ordered.

Supervisor Hyland referred to the ASSB's Annual Report regarding active caseloads through November 1993 and asked unanimous consent that the Board direct the ASSB to provide similar data for the past three years. Without objection, it was so ordered.

Supervisor Hyland also asked unanimous consent that regarding the Early Intervention Program that the Board direct the ASSB to:

Without objection, it was so ordered.

10. 11:00 A.M. - BOARD DECISION ON DRAFT FRANCONIA-SPRINGFIELD AREA PLAN (S93-CW-1CP) (COUNTYWIDE) (Tapes 2-4)

[NOTE: The public hearing was held on the draft Franconia-Springfield Area Plan (S93-CW-1CP) on February 7, 1994 and Board decision deferred until February 28, 1994.]

Supervisor Alexander moved adoption of the draft Franconia-Springfield Area Plan (S93-CW-1CP), with the modifications noted by the Planning Commission and with the following additional modifications:

Page 17, Optional Plan Requirements, add to the first bullet under the third paragraph:

"....The EPG is one of several significant land holdings in the County owned by governmental agencies."

This motion was seconded by Supervisor McConnell.

Following discussion, with input from Fred R. Selden, Chief Policy and Plan Review Branch, Office of Comprehensive Planning (OCP); and Robert R. Hardiman, Program Manager, National Capitol Region, United States Department of the Army, Supervisor Hyland moved to amend the motion by adding to page eight under "Baseline Recommendation," new second paragraph as follows:

The second to the amendment to the motion was inaudible.

Following additional discussion, the question was called on the amendment to the motion which FAILED by a recorded vote of five, Supervisor Bulova, Supervisor Frey, Supervisor Hanley, Supervisor Hyland and Chairman Davis voting "AYE."

Supervisor Hyland moved to modify the fourth sentence of the second paragraph on page 12 as follows:

The second to the amendment to the motion was inaudible.

Following discussion, with input from Robert L. Moore, Chief, Transportation Planning Division, Office of Transportation; Mr. Hardiman; and Carl L. Sell, Jr., Lee District Planning Commissioner and Chairman of the Planning Commission EPG Committee, the question was called on the amendment to the motion which CARRIED by a recorded vote of eight, Supervisor Alexander and Supervisor McConnell voting "NAY."

Supervisor Hyland moved to add a new last paragraph to the transportation section on page 18 as follows:

And this was accepted.

Supervisor Hyland moved to amend the motion by adding a new Recommendation Number Three, under Transportation on page 23 as follows:

The amendment to the motion was seconded by Supervisor Bulova and FAILED by a recorded vote of six, Supervisor Bulova, Supervisor Frey, Supervisor Hanley, and Supervisor Hyland voting "AYE."

Supervisor Hyland moved to amend to the motion to modify recommendation Number One, under Transportation page 26, as follows:

Supervisor Bulova moved to amend the motion to modify recommendation Number One, under Transportation on page 30 as follows:

And this was accepted.

Supervisor Bulova moved to amend the motion to modify recommendation Number One, under Transportation on page 30 as follows:

This amendment was seconded by Supervisor Hyland.

Following discussion, Supervisor Bulova withdrew her motion.

Supervisor Bulova moved to amend the motion to add a new Recommendation Number Two, under Transportation on page 30, as follows:

The amendment was seconded by Supervisor Hyland and CARRIED by a recorded vote of six, Supervisor Alexander, Supervisor Berger, Supervisor Dix, and Supervisor Trapnell voting "NAY."

Supervisor Bulova moved to amend the motion by adding a new Recommendation Number Three on page 37 as follows:

The second to the amendment to the motion was inaudible.

Following discussion, the question was called on the amendment to the motion, which FAILED by a recorded vote of eight, Supervisor Bulova and Supervisor Hanley voting "AYE."

The question was called on the main motion, as amended, which CARRIED by a recorded vote of nine, Supervisor Bulova voting "NAY."

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11. BOARD RECESS (Tape 4)

At 1:35 p.m., the Board recessed briefly, and at 1:45 p.m., reconvened in the Board Auditorium with all Members present with the exception of Supervisor Alexander and Supervisor Dix, and with Chairman Davis presiding.

12. 11:30 A.M. - COUNTY EXECUTIVE'S PRESENTATION ON THE RECOMMENDED FISCAL YEAR (FY) 1995 BUDGET (Tape 5)

William J. Leidinger, County Executive, gave a presentation on the recommended Fiscal Year (FY) 1995 Budget.

On behalf of the entire Board, Chairman Davis expressed his appreciation to Mr. Leidinger for his comprehensive report and announced that several meetings of the Budget Subcommittee will be scheduled to specifically address:

BOARD MATTERS

13. PRESENTATION OF CERTIFICATE OF RECOGNITION TO VISITOR FROM RUSSIA, MS. OLGA STARKOVA (Tape 5)

Supervisor Bulova moved approval of the Certificate of Recognition, presented to Olga Starkova, Chief Loan Officer of Optimum Bank, who is visiting from Russia, upon her successful completion of the "Fairfax Corner in Moscow Internship Program," in which she learned about the County's system for providing services, as a government, and also how local financial institutions work. This motion was seconded by Supervisor McConnell and carried by unanimous vote.

14. RECOGNITION OF CUB SCOUT PACK 1169 AND ITS LEADERS (Tape 5)

Supervisor Dix recognized the presence of Cub Scout Pack 1169 and its leaders, from Armstrong Elementary School, Hunter Mill District, in the Board Auditorium and warmly welcomed them.

15. RECESS/EXECUTIVE SESSION (Tape 5)

At 2:20 p.m., Supervisor Dix moved that the Board recess and go into Executive Session for discussion or consideration of matters enumerated in Virginia Code Section 2.1-344 and listed in the Agenda as well as for discussion of actual and probable litigation and other specific legal matters requiring the provision of legal counsel, as well as:

This motion was seconded by Supervisor McConnell and carried by unanimous vote.

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At 4:45 p.m., the Board reconvened in the Board Auditorium with all Board Members present and with Chairman Davis presiding.

ACTIONS FROM EXECUTIVE SESSION

16. CERTIFICATION BY BOARD MEMBERS REGARDING ITEMS DISCUSSED IN EXECUTIVE SESSION (Tape 6)

Supervisor Bulova moved that the Board of Supervisors certify that, to the best of their knowledge, only public business matters lawfully exempted from the open meeting requirements prescribed by the Virginia Freedom of Information Act and only matters identified in the motion to convene Executive Session were heard, discussed, or considered by the Board during the Executive Session. This motion was seconded by Supervisor Hyland and carried by unanimous vote.

17. REIMBURSEMENT OF WILLIAM PEARSALL, AN ANIMAL WARDEN WITH THE FAIRFAX COUNTY DEPARTMENT OF ANIMAL CONTROL (Tape 6)

Supervisor Hyland moved that the Board authorize the reimbursement of William Pearsall, an Animal Warden with the Fairfax County Department of Animal Control, for legal fees incurred in defending criminal charges arising out of the discharge of official duties according to the terms and conditions outlined by the County Attorney in Executive Session. This motion was seconded by Supervisor Alexander and carried by a vote of nine, Supervisor Bulova being out of the room.

18. SETTLEMENT OF BELLE HAVEN LIMITED PARTNERSHIP VERSUS BOARD OF SUPERVISORS OF FAIRFAX COUNTY AND PAUL SMITH, SUPERVISOR OF ASSESSMENTS, AT LAW NUMBER 125943 (Tape 6)

Supervisor Hyland moved that the Board authorize the settlement of Belle Haven Limited Partnership versus Board of Supervisors of Fairfax County and Paul Smith, Supervisor of Assessments, At Law Number 125943, according to the terms and conditions outlined by the County Attorney in Executive Session. This motion was seconded by Supervisor Alexander and carried by a vote of nine, Supervisor Bulova being out of the room.

19. AMENDMENT TO THE COUNTY EXECUTIVE'S CONTRACT (Tape 6)

Supervisor Trapnell moved that the Board amend the County Executive's contract according to the terms and conditions discussed in Executive Session. This motion was seconded by Supervisor Alexander and carried by a vote of nine, Supervisor Bulova being out of the room.

20. SETTLEMENT OF CLAIM FOR 1992-93 TAX REVENUE LOST AS A RESULT OF THE PICKETT ROAD TANK FARM PETROLEUM DISCHARGE (Tape 6)

Supervisor Hanley moved that the Board authorize the claim for 1992-93 Tax Revenue lost as a result of the Pickett Road Tank Farm petroleum discharge according to the terms and conditions outlined by the County Attorney in Executive Session. This motion was seconded by Supervisor Alexander and carried by a vote of nine, Supervisor Bulova being out of the room.

21. SETTLEMENT OF FAIRFAX CORNER ASSOCIATES LIMITED PARTNERSHIP, ET AL. VERSUS BOARD OF SUPERVISORS AND PAUL E. SMITH, SUPERVISOR OF ASSESSMENTS, AT LAW NUMBER 111498; SARAH C. THOMPSON VERSUS BOARD OF SUPERVISORS, AT LAW NUMBERS 128979 AND 128985; LEWIS LEIGH AND JOHN SWART, TRUSTEES FOR RANDOM HILLS TRUST VERSUS BOARD OF SUPERVISORS, AT LAW NUMBER 128980; AND MAXINE THOMPSON VERSUS BOARD OF SUPERVISORS, AT LAW NUMBER 128981 (Tape 6)

Supervisor Frey moved that the Board authorize the settlement of Fairfax Corner Associates Limited Partnership, et al. versus Board of Supervisors and Paul E. Smith, Supervisors of Assessments, At law Number 111498; Sarah C. Thompson versus Board of Supervisors, At Law Numbers 128979 and 128985; Lewis Leigh and John Swart, Trustees for Random Hills Trust versus Board of Supervisors, At Law Number 128980; and Maxine Thompson versus Board of Supervisors, At Law Number 128981; according to the terms and conditions outlined by the County Attorney in Executive Session. This motion was seconded by Chairman Davis and carried by a vote of nine, Supervisor Bulova being out of the room.

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22. 12:15 P.M. - REPORT ON GENERAL ASSEMBLY ACTIVITIES (Tape 7)

Supervisor Dix moved that the Board endorse the Legislative Report Number Three dated February 28, 1994, as submitted. This motion was seconded by Supervisor Hyland and carried by a vote of nine, Supervisor Hanley abstaining on the portion of the Report regarding Senate Bill SB 275.

Supervisor Hanley asked unanimous consent that Senate Joint Resolution 125 and the companion Resolution in the House regarding a request to the Secretary of Health and Human Resources to study the effects of illegal immigration on State programs and to examine the need for improvements and documentation for eligibility, be put on the agenda for discussion on Friday. Without objection, it was so ordered.

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23. 12:30 P.M. - APPOINTMENTS TO CITIZEN BOARDS, AUTHORITIES, COMMISSIONS AND ADVISORY GROUPS (Tape 8)

A. HEATH ONTHANK MEMORIAL AWARD SELECTION COMMITTEE

Supervisor Dix moved the appointment of Ms. Kathy W. Hill to fill the unexpired term of Ms. Leslie Braunstein as the Hunter Mill District Representative to the A. Heath Onthank Memorial Award Selection Committee. This motion was seconded by Chairman Davis and carried by unanimous vote.

ADVISORY SOCIAL SERVICES BOARD

(NOTE: The appointment of the Dranesville District Representative to the Advisory Social Services Board was deferred.)

ALCOHOL SAFETY ACTION PROGRAM LOCAL POLICY BOARD

Chairman Davis moved the appointment of Ms. Kathy M. Walsh as the At-Large Representative to the Alcohol Safety Action Program Local Policy Board. This motion was seconded by Supervisor Hyland and carried by unanimous vote.

ANIMAL SHELTER ADVISORY COMMISSION

Supervisor Berger moved the appointment of Mr. Jack Crippen as the Dranesville District Representative to the Animal Shelter Advisory Commission. This motion, the second to which was inaudible, carried by unanimous vote.

Supervisor Alexander moved the appointment of Ms. Elizabeth Singleton as the Lee District Representative to the Animal Shelter Advisory Commission. This motion, the second to which was inaudible, carried by unanimous vote.

Supervisor McConnell moved the appointment of Ms. Victoria P. Kirby as the Springfield District Representative to the Animal Shelter Advisory Commission. This motion, the second to which was inaudible, carried by unanimous vote.

(NOTE: The appointments of the Mason and Providence District Representatives to the Animal Shelter Advisory Commission were deferred.)

ATHLETIC COUNCIL

[NOTE: The appointment of the Dranesville District (Alternate) Representative to the Athletic Council was deferred.]

CHAS COORDINATING COMMITTEE

(NOTE: The appointment of the Springfield District Representative to the CHAS Coordinating Committee was deferred.)

RESIGNATION FROM THE BOARD OF EQUALIZATION OF REAL ESTATE ASSESSMENTS

Chairman Davis announced the resignation of Mr. John Ahn from the Board of Equalization of Real Estate Assessments and moved the appointment of Mr. Barry Caron to fill the unexpired term. This motion, the second to which was inaudible, carried by unanimous vote.

COMMISSION FOR WOMEN

Supervisor Hyland moved the appointment of Ms. Beryl A. Harman to fill the unexpired term of Ms. Ruth Murphy as the Mount Vernon District Representative to the Commission for Women. This motion was seconded by Chairman Davis and carried by unanimous vote.

COMMUNITY ACTION ADVISORY BOARD

Supervisor McConnell moved the appointment of Ms. Jean D. Busboso as the Springfield District Representative to the Community Action Advisory Board. This motion was seconded by Chairman Davis and carried by unanimous vote.

CONFIRMATIONS:

Supervisor Hanley moved that the Board confirm the following appointments to the Community Action Advisory Board:

This motion was seconded by Supervisor McConnell and carried by unanimous vote.

(NOTE: The appointment of the Dranesville District Representative to the Community Action Advisory Board was deferred.)

RESIGNATION FROM THE CIVIL SERVICE COMMISSION

Supervisor Dix announced that Ms. Vera S. Hannigan, whom he had appointed to the Civil Service Commission at the February 7, 1994 Board Meeting is not eligible to serve due to a change in her classification in her employment and would therefore be resigning from the commission.

Chairman Davis moved the appointment of Ms. Audrey Morton to fill the unexpired term of Ms. Hannigan as the At-Large Representative to the Civil Service Commission. This motion was seconded by Supervisor Frey and carried by unanimous vote.

COMMUNITY IMPROVEMENT COMMITTEE

(NOTE: The appointments of the Braddock, Dranesville and Springfield District Representatives to the Community Improvement Committee were deferred.)

Supervisor Bulova asked unanimous consent that the Board direct staff to provide Board Members with information regarding the number of meetings that have taken place by the Community Improvement Committee. Without objection, it was so ordered.

HUMAN SERVICES COUNCIL

(NOTE: The appointment of the Springfield District Representative to the Human Services Council was deferred.)

PROJECT SELECTION COMMITTEE

(NOTE: The appointment of the Springfield District Representative to the Project Selection Committee was deferred.)

TRANSPORTATION SAFETY COMMISSION

(NOTE: The appointment of the At-Large Representative to the Transportation Safety Commission was deferred.)

TREE COMMISSION

(NOTE: The appointment of the Dranesville District Representative to the Tree Commission was deferred.)

AD-HOCS

CITIZENS ADVISORY COMMITTEE ON SOLID WASTE & DISPOSAL MATTERS

[NOTE: The appointment of the Sully District (Alternate) Representative to the Citizens Advisory Committee was deferred.]

ADDITIONAL APPOINTMENT TO BOARDS, AUTHORITIES, AND COMMITTEES

CRIMINAL JUSTICE ADVISORY BOARD

Supervisor Frey moved the appointment of Mr. Thomas E. Klocek to fill the unexpired term of Mr. Anthony Weaver as the Sully District Representative. This motion was seconded by Supervisor Hyland and carried by unanimous vote.

RESIGNATION FROM THE HUMAN RIGHTS COMMISSION

Chairman Davis announced that Ms. Marta Wyatt will be resigning from the Human Rights Commission and that she recommended Mr. Hector De Leon to replace her.

Supervisor Hyland reminded the Board of the Human Rights Commission Ordinance which requires a certain demographic representation and asked unanimous consent that the Board direct staff to review the matter to see if Mr. De Leon would meet that requirement. Without objection, it was so ordered.

REQUEST TO INCLUDE ALL AT-LARGE VACANCIES ON THE UPCOMING APPOINTMENTS LISTING

Supervisor Hanley asked unanimous consent that the Board direct staff to include all At-Large vacancies on the list of upcoming appointments so that Board Members will be aware of those vacancies. Without objection, it was so ordered.

24. ADMINISTRATIVE ITEMS (Tape 8)

Supervisor Hanley moved approval of the Administrative Items. This motion was seconded by Supervisor Bulova.

Supervisor Hyland called the Board's attention to Administrative Item Three - Authorization to Advertise a Public Hearing on the Acquisition of Certain Land Rights Necessary for the Construction of the Lorton Commuter Rail Access Road Project (Mount Vernon District) and asked unanimous consent that this item be pulled and considered separately. Without objection, it was so ordered.

Supervisor Dix called the Board's attention to Administrative Item Four - Authorization to Advertise Proposed Revision to Uniformed Retirement System Ordinance Regarding Removal of Earnings Cap for Service-Connected Disability Retirees and asked unanimous consent that this item be pulled and considered separately. Without objection, it was so ordered.

The question was called on approval of the Administrative Items, with the exception of Administrative Items Three and Four, which carried by unanimous vote.

ADMIN 1 - AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 109 (SOLID WASTE) (COUNTYWIDE)

(A) Authorized the advertisement of a public hearing to be held before the Board of Supervisors on March 21, 1994 at 4:00 p.m. on proposed amendments to the Code of the County of Fairfax, Chapter 109 (Solid Waste) regarding the legal requirement to specifically list all materials that are to be separated from solid waste for recycling.

ADMIN 2 - AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON THE ACQUISITION OF ADDITIONAL LAND RIGHTS NECESSARY FOR THE CONSTRUCTION OF THE ROUTE 29 INTERCHANGE SEGMENT OF THE FAIRFAX COUNTY PARKWAY (SULLY DISTRICT)

(A) Authorized the advertisement of a public hearing to be held before the Board of Supervisors on March 21, 1994 at 4:30 p.m. on the acquisition of additional interests in real property necessary for the construction of the Route 29 Interchange segment of the Fairfax County Parkway, Project 064150.

ADMIN 3 - AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON THE ACQUISITION OF CERTAIN LAND RIGHTS NECESSARY FOR THE CONSTRUCTION OF THE LORTON COMMUTER RAIL ACCESS ROAD PROJECT (MOUNT VERNON DISTRICT)

(NOTE: Later in the meeting, action was taken on this item. See Clerk's Summary Item CL#40.)

ADMIN 4 - AUTHORIZATION TO ADVERTISE PROPOSED REVISION TO UNIFORMED RETIREMENT SYSTEM ORDINANCE REGARDING REMOVAL OF EARNINGS CAP FOR SERVICE-CONNECTED DISABILITY RETIREES

(NOTE: Later in the meeting, action was taken on this item. See Clerk's Summary Item CL#41.)

ADMIN 5 - STREETS INTO THE SECONDARY SYSTEM (HUNTER MILL, LEE, MOUNT VERNON AND SPRINGFIELD DISTRICTS)

(R) Adopted the request that certain streets listed in the Memorandum to the Board dated February 28, 1994 be recommended for acceptance into the State Secondary System as follows:

Subdivision District Street

Meadow Hall, Section 2Hunter Mill Meadow Hall Court

Meadow Hall Drive,

Route 7611

Henson Court

Chriswell Place

Cockerill Court

Clermont, Section 1 Lee Upland Woods Drive

Holland Hollows Mount VernonSaint Elliott Court

Barrington Springfield Old Barrington Sections 1 and 1A Boulevard

Oakington Drive, Route 7871

Braymore Circle

Thurston Court

Chippenham Court

Haddington Court

Larkdale Terrace

Silverbrook Road

(Additional right-of-way only)

25. CHANGE IN ORDERS OF THE DAY (Tape 8)

Chairman Davis relinquished the Chair to Vice-Chairman McConnell and asked unanimous consent that the Board defer the remaining County Executive Matters until later in the day and proceed with the public hearings at this time. Without objection, it was so ordered.

Vice-Chairman McConnell returned the gavel to Chairman Davis.

(NOTE: Later in the meeting, action was taken on the remaining County Executive Matters. See Clerk's Summary Items CL#42-#65.)

26. 3:30 P.M. - PH ON REZONING APPLICATION RZ 93-D-037 AND SPECIAL EXCEPTION APPLICATION SE 93-D-055 (BOARD OF SUPERVISORS' OWN MOTION) (DRANESVILLE DISTRICT) (Tape 8)

Mr. Robert N. Beury, Jr. reaffirmed the validity of the affidavit for the record.

Staff from the Office of Comprehensive Planning (OCP) had filed the necessary notices showing that at least 25 adjacent and/or interested persons had been notified of the date and hour of this public hearing and he proceeded to present his case.

Chairman Davis disclosed the following congressional campaign contribution which he had received:

Following the public hearing, which included testimony by one speaker, Kevin Guinaw, Senior Staff Coordinator, Zoning Evaluation Division, OCP, presented the staff and Planning Commission recommendations.

Supervisor Berger moved that the Zoning Ordinance as it applied to the property which is the subject of Rezoning Application RZ 93-D-037 be amended from the R-1 District to the I-4 District subject to the executed proffers dated February 1, 1994. This motion was seconded by Supervisor Alexander and carried by a vote of seven, Supervisor Bulova, Supervisor Hanley and Chairman Davis being out of the room.

Supervisor Berger moved modification of the transitional screening requirement and waiver of the barrier requirement along the northern boundary of lot 15 in favor of the existing vegetation on the site, the landscaping shown on the Generalized Development Plan (GDP), and subject to the proffers. This motion was seconded by Supervisor Alexander and carried by a vote of seven, Supervisor Bulova, Supervisor Hanley and Chairman Davis being out of the room.

Supervisor Berger moved approval of Special Exception Application SE 93-D-055 subject to the development conditions dated February 3, 1994. This motion was seconded by Supervisor Alexander and carried by a vote of seven, Supervisor Bulova, Supervisor Hanley, and Chairman Davis being out of the room.

27. 3:30 P.M. - PH ON PROFFERED CONDITION AMENDMENT APPLICATION PCA 90-L-039 (PULTE HOME CORPORATION) (LEE DISTRICT) (Tape 8)

Mr. Martin D. Walsh reaffirmed the validity of the affidavit for the record.

Mr. Walsh had filed the necessary notices showing that at least 25 adjacent and/or interested persons had been notified of the date and hour of this public hearing and he proceeded to present his case.

Following the public hearing, which included testimony by one speaker, Cathy Chianese, Senior Staff Coordinator, Zoning Evaluation Division, Office of Comprehensive Planning, presented the staff and Planning Commission recommendations.

Supervisor Alexander moved approval of Proffered Condition Amendment Application PCA 90-L-039 subject to the executed proffers dated February 18, 1994. This motion was seconded by Vice-Chairman McConnell and carried by a vote of seven, Supervisor Dix, Supervisor Hanley, and Chairman Davis being out of the room.

Supervisor Alexander moved approval of the waivers and modifications previously approved on Rezoning Application RZ 90-L-029 to include:

This motion was seconded by Supervisor Hyland and carried by a vote of seven, Supervisor Dix, Supervisor Hanley and Chairman Davis being out of the room.

28. 3:30 P.M. - PH ON PROPOSED AMENDMENT TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 112 (ZONING ORDINANCE) REGARDING PUBLIC COMMUTER PARK-AND-RIDE LOTS (Tape 8)

(O) A Certificate of Publication was filed from the Editor of the Fairfax Journal showing that notice of said public hearing had been duly advertised in that Newspaper in the issues of February 11 and February 18, 1994.

Following the public hearing, Supervisor Frey moved approval of the proposed amendment to the Code of the County of Fairfax, Chapter 112 (Zoning Ordinance) to allow required off-street parking spaces to be used for public commuter park-and-ride lots to become effective on March 1, 1994 at 12:01 a.m. This motion was seconded by Supervisor Bulova and carried by a vote of six, Supervisor Alexander, Supervisor Dix, Supervisor Hanley and Chairman Davis being out of the room.

29. 3:30 P.M. - PH ON PROPOSED AMENDMENT TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 118 (CHESAPEAKE BAY PRESERVATION ORDINANCE) (Tape 8)

Supervisor Bulova moved to defer the public hearing on proposed amendments to the Code of the County of Fairfax, Chapter 118 (Chesapeake Bay Preservation Ordinance) until March 21, 1994 at 4:00 p.m. This motion was seconded by Supervisor McConnell.

Supervisor Dix asked to amend the motion to direct staff to notify the property owners who will be impacted by the changes and the delineations on the maps of this deferral and to provide them with the opportunity to participate in the public hearing should they so choose, and this was accepted.

The question was called on the motion, as amended, which carried by a vote of six, Supervisor Alexander, Supervisor Berger, Supervisor Hanley, and Chairman Davis being out of the room.

30. 3:30 P.M. - BOARD DECISION ON THE SALE OF COUNTY PROPERTY LOCATED AT THE INTERSECTION OF BURNING BUSH DRIVE AND RUGBY ROAD TO THE FAIRFAX CHURCH OF CHRIST (SULLY DISTRICT) AND 3:30 P.M. - PH ON SPECIAL EXCEPTION APPLICATION SE 93-Y-036 (FAIRFAX CHURCH OF CHRIST, TRUSTEE) (SULLY DISTRICT) (Tape 8)

(NOTE: The public hearing on the sale of County property located at the intersection of Burning Bush Drive and Rugby Road to the Fairfax Church of Christ was held on January 10, 1994 and Board decision deferred until January 24, 1994. On January 24, 1994 the Board deferred its decision until February 7, 1994. On February 7, 1994 the Board again deferred its decision until February 28, 1994.)

Supervisor Frey moved to defer until March 21, 1994 at 4:00 p.m. the Board Decision authorizing the sale of a .40445 acre portion of County-owned property located at the intersection of Burning Bush Drive and Rugby Road to the Fairfax Church of Christ and the public hearing on Special Exception Application SE 93-Y-036. This motion was seconded by Supervisor Hyland and carried by a vote of six, Supervisor Alexander, Supervisor Berger, Supervisor Hanley, and Chairman Davis being out of the room.

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31. 4:00 P.M. - PH ON REZONING APPLICATION RZ 93-P-016 (ROBERT L. TRAVERS, TRUSTEE) (PROVIDENCE DISTRICT) (Tape 9)

Supervisor Hanley moved to defer the public hearing on Rezoning Appliation RZ 93-P-016 indefinitely. This motion was seconded by Supervisor Bulova and carried by a vote of eight, Supervisor Berger and Chairman Davis being out of the room.

32. 4:00 P.M. - PH ON PROFFERED CONDITION AMENDMENT APPLICATION PCA 74-2-113 (ROUTE 606-RESTON ASSOCIATES) (HUNTER MILL DISTRICT)

(Tape 9)

Mr. Stephen Pence reaffirmed the validity of the affidavit for the record.

Mr. Pence had filed the necessary notices showing that at least 25 adjacent and/or interested persons had been notified of the date and hour of this public hearing and he proceeded to present his case.

Following the public hearing, Supervisor Dix moved to waive the reading of the staff and Planning Commission recommendations. This motion was seconded by Supervisor Hyland and carried by a vote of seven, Supervisor Alexander, Supervisor Frey, and Chairman Davis being out of the room.

Supervisor Dix moved approval of Proffered Condition Amendment Application PCA 74-2-113 subject to the executed proffers dated February 25, 1994. This motion was seconded by Vice-Chairman McConnell and carried by a vote of seven, Supervisor Alexander, Supervisor Frey, and Chairman Davis being out of the room.

33. 4:00 P.M. - PH ON SPECIAL EXCEPTION APPLICATION SE 93-M-047 (PARKLAWN RECREATION ASSOCIATION) (MASON DISTRICT) (Tape 9)

Mr. John Fargo reaffirmed the validity of the affidavit for the record.

Mr. Fargo had filed the necessary notices showing that at least 25 adjacent and/or interested persons had been notified of the date and hour of this public hearing and he proceeded to present his case.

Following the public hearing, Supervisor Trapnell moved to waive the reading of the staff and Planning Commission recommendations. This motion was seconded by Supervisor McConnell and carried by a vote of six, Supervisor Alexander, Supervisor Dix, Supervisor Frey, and Supervisor Hanley being out of the room.

Supervisor Trapnell moved approval of Special Exception Application SE 93-M-047 to permit fill in a floodplain subject to the development conditions dated February 17, 1994 with the following amendments:

This motion was seconded by Chairman Davis and carried by a vote of six, Supervisor Alexander, Supervisor Dix, Supervisor Frey, and Supervisor Hanley being out of the room.

Supervisor Trapnell moved that the Board of Supervisors instruct staff of the Department of Environmental Management (DEM) to continue to provide information and assistance to the Parklawn Recreation Association (PRA) in the filling of the required floodplain study and in particular to collect and provide any additional data currently in the possession of the County including acquisition of the US-GS cross section data that would be needed by the Recreation Association to complete the floodplain study. In addition, the County will provide any additional assistance available to assist PRA in the fulfillment of these conditions.

Supervisor Trapnell further moved that the Board of Supervisors instruct the DEM staff to waive all review fees associated with any filings or submissions required for this application. This motion was seconded by Chairman Davis and carried by a vote of six, Supervisor Alexander, Supervisor Dix, Supervisor Frey, and Supervisor Hanley being out of the room.

Supervisor Trapnell moved that in the event that the Parklawn Recreation Association is required to do any grading or soil movement to comply with the Development Conditions dated February 17, 1994, the Board of Supervisors directs the Department of Public Works (OPW) to perform such work, and that if additional funds are required for DPW to do this, these monies shall be allocated at the appropriate time. This motion was seconded by Chairman Davis and carried by a vote of six, Supervisor Alexander, Supervisor Dix, Supervisor Frey, and Supervisor Hanley being out of the room.

34. 4:00 P.M. - PH ON SPECIAL EXCEPTION APPLICATION SE 93-V-008 (SILVERBROOK CONSORTIUM LIMITED PARTNERSHIP) (MOUNT VERNON DISTRICT) (Tape 9)

At the request of the applicant, Supervisor Hyland asked unanimous consent to indefinitely defer the public hearing on Special Exception Application SE 93-V-008. Without objection, it was so ordered.

35. 4:00 P.M. - PH ON PROPOSED OUT-OF-TURN PLAN AMENDMENT S93-II-M1 FOR THE LAND IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF LEWINSVILLE ROAD AND BALLS HILL ROAD (DRANESVILLE DISTRICT) (Tape 9)

A Certificate of Publication was filed from the Editor of the Fairfax Journal showing that notice of said public hearing had been duly advertised in that Newspaper in the issues of February 11 and February 18, 1994.

Following the public hearing, which included testimony by two speakers, Supervisor Berger moved approval of Out-of-Turn Plan Amendment S93-II-M1 with the modifications recommended by the Planning Commission. This motion was seconded by Chairman Davis.

Supervisor Hanley moved to amend the motion to add the language of the Office of Transportation as follows:

This motion was seconded by Supervisor Bulova.

Following discussion, the question was called on the amendment to the motion to add the language of the Office of Transportation which FAILED by a recorded vote of six, Supervisor Bulova and Supervisor Hanley voting "AYE," Supervisor Dix and Supervisor McConnell being out of the room.

The question was then called on the Plan Amendment which CARRIED by a recorded vote of six, Supervisor Hanley voting "NAY," Supervisor Bulova abstaining, Supervisor Dix and Supervisor McConnell being out of the room.

36. 4:00 P.M. - PH ON PROPOSED AMENDMENT TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 112 (ZONING ORDINANCE) REGARDING ARTICLES 1 AND 18 (Tape 9)

(O) A Certificate of Publication was filed from the Editor of the Fairfax Journal showing that notice of said public hearing had been duly advertised in that Newspaper in the issues of February 11 and February 18, 1994.

Supervisor Hyland moved to waive the reading of the staff and Planning Commission recommendations. This motion was seconded by Supervisor Bulova and carried by a vote of seven, Supervisor Berger, Supervisor Dix, and Supervisor McConnell being out of the room.

Following the public hearing, Supervisor Hanley moved approval of the proposed amendment to the Code of the County of Fairfax, Chapter 112 (Zoning Ordinance) regarding Articles 1 and 18 to incorporate certain 1992 and 1993 amendments to the Code of Virginia and to revise the provisions regarding the Planning Commission report and the effective date of Zoning Ordinance amendments. This motion was seconded by Supervisor Bulova and carried by a vote of seven, Supervisor Berger, Supervisor Dix, and Supervisor McConnell being out of the room.

37. 4:30 P.M. - PH ON PROPOSED OUT-OF-TURN PLAN AMENDMENT S93-IV-LP2 FOR THE AREA LOCATED IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF LORTON ROAD AND ROUTE 1 (MOUNT VERNON DISTRICT) (Tape 9)

A Certificate of Publication was filed from the Editor of the Fairfax Journal showing that notice of said public hearing had been duly advertised in that Newspaper in the issues of February 11 and February 18, 1994.

Supervisor Hyland moved to waive the reading of the staff and Planning Commission recommendations. This motion was seconded by Chairman Davis and carried by a vote of seven, Supervisor Berger, Supervisor Dix, and Supervisor McConnell being out of the room.

Following the public hearing, Supervisor Hyland stated for the record that the Mount Vernon Council of Citizens Associations has also recommended approval of the request for the Out-of-Turn Plan Amendment.

Supervisor Hyland moved approval of Out-of-Turn Plan Amendment S93-IV-LP2 with the modifications recommended by the Planning Commission to become effective on March 1, 1994 at 12:01 a.m. This motion was seconded by Chairman Davis and carried by a vote of eight, Supervisor Berger and Supervisor McConnell being out of the room.

38. 4:30 P.M. - PH ON PROPOSED OUT-OF-TURN PLAN AMENDMENT S93-IV-MV2 FOR THE NORTHEAST CORNER OF BUCKMAN ROAD AND MAIN STREET (LEE DISTRICT) (Tape 9)

A Certificate of Publication was filed from the Editor of the Fairfax Journal showing that notice of said public hearing had been duly advertised in that Newspaper in the issues of February 11 and February 18, 1994.

Following the public hearing, which included testimony by one speaker, Supervisor Alexander moved approval of Out-of-Turn Plan Amendment S93-IV-MV2 with the modifications recommended by the Planning Commission. This motion was seconded by Supervisor Bulova and carried by a vote of seven, Supervisor Berger, Supervisor Hanley, and Supervisor McConnell being out of the room.

39. 4:30 P.M. - PH ON SPECIAL EXCEPTION APPLICATION SE 93-P-044

(TYSONS 3 PARTNERSHIP) (PROVIDENCE DISTRICT) (Tapes 9-10)

Ms. Paula J. Wills reaffirmed the validity of the affidavit for the record.

Ms. Wills had filed the necessary notices showing that at least 25 adjacent and/or interested persons had been notified of the date and hour of this public hearing and she proceeded to present her case.

Following the public hearing, Supervisor Hanley moved to waive the reading of the staff and Planning Commission recommendations. The motion, the second to which was inaudible, carried by a vote of eight, Supervisor McConnell and Chairman Davis being out of the room.

Supervisor Hanley asked unanimous consent that the Board direct staff to provide:

Without objection, it was so ordered.

Supervisor Hanley moved to defer Special Exception Application SE 93-P-044 for decision only until March 21, 1994 at 4:00 p.m. The motion, the second to which was inaudible, carried by a vote of nine, Supervisor McConnell being out of the room.

40. ADMIN 3 - AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON THE ACQUISITION OF CERTAIN LAND RIGHTS NECESSARY FOR THE CONSTRUCTION OF THE LORTON COMMUTER RAIL ACCESS ROAD PROJECT (MOUNT VERNON DISTRICT) (Tape 11)

(A) Supervisor Hyland moved that in order to avoid unnecessary delay in the completion of the Lorton Virginia Rail Express (VRE) Station, the Board authorize the advertisement of a public hearing to be held before the Board of Supervisors on March 21, 1994 at 4:00 p.m. to consider quick-take of land necessary for access and construction of the VRE station on portions south of Lorton Road.

Supervisor Hyland further moved that, in recognition of renewed interest by representatives of the Rappahannock, Frederick, and Potomac Railroad (RF&P) regarding land to the north of Lorton Road, the Board direct staff to:

This motion was seconded by Supervisor Alexander and carried by a vote of eight, Supervisor McConnell and Supervisor Trapnell being out of the room.

41. ADMIN 4 - AUTHORIZATION TO ADVERTISE PROPOSED REVISION TO UNIFORMED RETIREMENT SYSTEM ORDINANCE REGARDING REMOVAL OF EARNINGS CAP FOR SERVICE-CONNECTED DISABILITY RETIREES (Tape 11)

(A) Supervisor Dix moved that the Board authorize the advertisement of a public hearing to be held before the Board of Supervisors on March 21, 1994 at 4:30 p.m. on proposed amendments to the Code of the County of Fairfax, Chapter 3 (County Employees) Uniformed Retirement System Ordinance regarding removal of earnings cap for service-connected disability retirees. This motion was seconded by Supervisor Hyland and carried by a vote of eight, Supervisor McConnell and Supervisor Trapnell being out of the room.

42. A-1 - FAIRFAX COUNTY ROAD MAINTENANCE AND IMPROVEMENT PROGRAM (FCRMIP): APPROVAL OF THE ANNUAL FCRMIP STATUS REPORT (COUNTYWIDE) (Tape 11)

On motion of Supervisor Hyland, seconded by Supervisor Hanley, and carried by a vote of eight, Supervisor McConnell and Supervisor Trapnell being out of the room, the Board concurred in the recommendation of staff and approved the Annual Fairfax County Road Maintenance and Improvement Program (FCRMIP) Status Report.

43. A-2 - BOARD ADOPTION OF A RESOLUTION CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION OF CABLE TELEVISION OPERATORS (COUNTYWIDE) (Tape 11)

(R) On motion of Supervisor Dix, seconded by Supervisor Alexander, and carried by a vote of eight, Supervisor McConnell and Supervisor Trapnell being out of the room, the Board concurred in the recommendation of staff and adopted the Resolution specifying a County Policy for the protection of proprietary information provided to the County by cable television operators for rate regulatory purposes.

44. A-3 - RESOLUTION BY THE GOVERNING BODY OF FAIRFAX COUNTY TO ENDORSE THE NORTHERN VIRGINIA COMPACT FOR LOCAL MOTOR VEHICLE LICENSE ENFORCEMENT (Tape 11)

(R) On motion of Supervisor Hyland, seconded by Supervisor Bulova, and carried by a vote of eight, Supervisor McConnell and Supervisor Trapnell being out of the room, the Board concurred in the recommendation of staff and:

There was a brief discussion regarding an article on this subject in the Virginia Sun newspaper.

45. A-4 - AMENDMENTS TO THE COUNTY'S CLASSIFICATION AND COMPENSATION PLANS - DIRECTOR OF EQUITY PROGRAMS AND LICENSED PRACTICAL NURSE (Tape 11)

Chairman Davis announced that this item would be deferred until the next meeting at the request of Supervisor Trapnell.

46. A-5 - PROPOSED RESPONSE TO THE RECOMMENDATION OF THE FAIRFAX COUNTY COMMISSION FOR WOMEN RESULTANT FROM THE FAIRFAX COUNTY WORK/FAMILY TASK FORCE (Tape 11)

Chairman Davis distributed to Board Members proposed amendments to the staff response regarding the recommendations of the Commission for Women. He relinquished the Chair to Acting-Chairman Alexander and moved that the Board accept the staff recommendations as presented in items three, five, six, seven and eight (as outlined in the Memorandum to the Board) and to modify other recommendations as outlined in his "handout" distributed earlier in the meeting. This motion was seconded by Supervisor Hanley.

Following discussion, with input from Mary M. Wolf Hammond, Chairman, Commission for Women, the question was called on the motion which CARRIED by a recorded vote of eight, Supervisor Berger voting "NAY," Supervisor Trapnell being out of the room.

Acting-Chairman Alexander returned the gavel to Chairman Davis.

47. A-6 - SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 94045 FOR AUTHORIZATION TO ACCEPT GRANT AWARD FOR THE JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES (Tape 11)

(SAR) On motion of Supervisor Hanley, seconded by Supervisor Hyland, and carried by a vote of nine, Supervisor Trapnell being out of the room, the Board concurred in the recommendation of staff and approved Supplemental Appropriation Resolution (SAR) AS 94045 in the amount of $9,989 to the Juvenile and Domestic Relations District Court from the Virginia Department of Criminal Justice Services (DCJS) to provide funding for 310 hours for one existing, regular-merit Management Analyst II County position and 96 hours for a Secretary I County position.

48. A-7 - ADOPTION OF FINAL COMMUNITY IMPROVEMENT PROGRAM ASSESSMENTS FOR WESTOVER STREET IN HILLWOOD (PROVIDENCE DISTRICT) (Tape 11)

(R) On motion of Supervisor Hanley, seconded by Chairman Davis, and carried by a vote of nine, Supervisor Trapnell being out of the room, the Board concurred in the

recommendation of staff and adopted the Resolution establishing the final amount to be assessed against each landowner on Westover Street in the Hillwood Community Improvement Program Project.

49. A-8 - VIRGINIA HOUSING DEVELOPMENT AUTHORITY CERTIFICATION FOR FINANCING FOR THE PARKWOOD APARTMENTS (Tape 11)

(R) On motion of Chairman Davis, seconded by Supervisor Hyland, and carried by a vote of nine, Supervisor Trapnell being out of the room, the Board concurred in the recommendation of staff and adopted the Resolution certifying approval of the application by AHD, Incorporated, for financing of the Parkwood Apartments.

50. A-9 - AUTHORIZATION TO TRANSMIT LETTERS TO CONGRESSIONAL MEMBERS ON THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), THE HOME PROGRAM AND SUPPORT OF NATIONAL COMMUNITY DEVELOPMENT WEEK (Tape 11)

On motion of Supervisor Hanley, seconded by Supervisor Alexander, and carried by a vote of nine, Supervisor Trapnell being out of the room, the Board concurred in the recommendation of staff and:

51. A-10 - THE WILEY/GUNSTON HEIGHTS SUMMARY OF EXISTING CONDITIONS AND AUTHORIZATION FOR A PUBLIC HEARING ON THE DRAFT WILEY/GUNSTON HEIGHTS CONSERVATION PLAN (MOUNT VERNON DISTRICT) (Tape 11)

(R)

(A) On motion of Supervisor Hyland, seconded by Supervisor McConnell, and carried by a vote of nine, Supervisor Trapnell being out of the room, the Board concurred in the recommendation of staff and:

52. A-11 - SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 94044 FOR THE DEPARTMENT OF HUMAN DEVELOPMENT PROGRAM YEAR (PY) 1993 ECONOMIC DISLOCATION AND WORKER ADJUSTMENT ASSISTANCE/VIRGINIA EMPLOYMENT COMMISSION GRANT (Tape 11)

(SAR) On motion of Supervisor Hanley, seconded by Supervisor Alexander, and carried by a vote of nine, Supervisor Trapnell being out of the room, the Board concurred in the recommendation of staff and approved Supplemental Appropriation Resolution (SAR) AS 94044 in the amount of $300,000 for additional Economic Dislocation and Worker Adjustment Assistance (EDWAA)/Virginia Employment Commission (VEC) grant funds for the Department of Human Development.

53. A-12 - APPROVAL OF A REVISED SERVICE AGREEMENT BETWEEN THE COUNTY AND THE INOVA HOSPITAL SYSTEM (Tape 11)

On motion of Supervisor Hanley, seconded by Supervisor Bulova, and CARRIED by a recorded vote of eight, Chairman Davis abstaining and Supervisor Trapnell being out of the room, the Board concurred in the recommendation of staff and approved the revised service agreement between the County and INOVA to fund an additional Senior Eligibility Worker (S-17, 1/1.0 SYE) at Fairfax Hospital.

54. A-13 - APPROVAL FOR THE FAIRFAX/FALLS CHURCH COMMUNITY POLICY AND MANAGEMENT TEAM TO SUBMIT A RENEWAL APPLICATION FOR THE COMPREHENSIVE SERVICES ACT STATE TRUST FUNDS (Tape 11)

On motion of Supervisor Hanley, seconded by Supervisor Bulova, and carried by a vote of nine, Supervisor Trapnell being out of the room, the Board concurred in the recommendation of staff and approved the submission of a renewal application for the Comprehensive Services Act State Trust Funds to support early intervention service programs totalling $218,643 for the period July 1, 1994 through June 30, 1995.

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55. C-1 - AUTHORIZATION OF A BOARD'S OWN MOTION FOR A PROFFERED CONDITION AMENDMENT (PCA 77-D-053-2) TO ALLOW A SECOND DRIVEWAY ACCESS ONTO CHOWNING PLACE (DRANESVILLE DISTRICT) (Tape 12)

(R) Supervisor Berger moved that the Board adopt the Resolution authorizing a Proffered Condition Amendment (PCA 77-D-053-2) to permit a second driveway access from Parcel 33 across Outlot A to Chowning Place, Dranesville District. This motion was seconded by Supervisor Hyland and CARRIED by a recorded vote of eight, Supervisor Hanley voting "NAY," Supervisor Trapnell being out of the room.

56. I-1 - STAFF SUMMARIES OF THE DECEMBER 1993 AND JANUARY 1994 TRANSPORTATION ADVISORY COMMISSION (TAC) MEETINGS (COUNTYWIDE) (Tape 12)

The Board next considered an Information Item contained in the Memorandum to the Board dated February 28, 1994 presenting the Staff Summaries of the December, 1993 and January, 1994 Transportation Advisory Commission (TAC) meetings.

57. I-2 - REQUEST FOR ISSUANCE OF FREE VEHICLE REGISTRATION DECALS TO ACTIVE MEMBERS OF VOLUNTEER FIRE DEPARTMENTS (Tape 12)

The Board next considered an Information Item contained in the Memorandum to the Board dated February 28, 1994 presenting the staff response to the Board's request regarding the issuance of free Fairfax County decals for vehicles owned by active members of the Volunteer Fire Department.

Following discussion, Supervisor Dix moved that the Board direct staff to draft an amendment to the Code of the County of Fairfax to include issuance of free County decals for Categories (iii) - vehicles owned by active members of volunteer rescue squads; and (iv) - vehicles owned by active members of volunteer fire departments. The second to this motion was inaudible.

Chairman Davis relinquished the Chair to Vice-Chairman McConnell and asked to amend the motion to include Category (v) - vehicles owned by auxiliary police officers, and this was accepted.

Vice-Chairman McConnell returned the gavel to Chairman Davis.

After further discussion, Supervisor Frey moved a substitute motion that the Board direct staff to include all categories which are eligible in the draft amendment. This motion was seconded by Supervisor McConnell.

Supervisor Hanley moved an amendment to the substitute motion to include Categories (i) through (vi), and delete Categories (vii) and (viii). This motion was seconded by Supervisor Alexander and CARRIED by a recorded vote of seven, Supervisor Frey and Supervisor McConnell voting "NAY," Supervisor Trapnell being out of the room.

The question was called on the substitute motion, as amended, which carried by a vote of nine, Supervisor Trapnell being out of the room.

The question was then called on the main motion, as substituted, which carried by a vote of nine, Supervisor Trapnell being out of the room.

58. I-3 - STATUS REPORT ON RETAIL USES IN THE INDUSTRIAL DISTRICTS (Tape 12)

The Board next considered an Information Item contained in the Memorandum to the Board dated February 28, 1994 presenting the Status Report on Retail Uses in the Industrial Districts.

59. I-4 - CERTIFIED LOCAL GOVERNMENT (CLG) DESIGNATION FOR FAIRFAX COUNTY (Tape 12)

The Board next considered an Information Item contained in the Memorandum to the Board dated February 28, 1994 presenting a Status Report on Certified Local Government Designation for Fairfax County.

60. I-5 - ADDITIONAL FUNDS NEEDED FOR PHASE IV AND PHASE V OF THE PIMMIT HILLS SUBDIVISION SIDEWALK CONSTRUCTION (DRANESVILLE DISTRICT) (Tape 12)

The Board next considered an Information Item contained in the Memorandum to the Board dated February 28, 1994 presenting the staff response to the Board's request for staff to address the status and restoration of funding required to complete the Pimmit Hills Sidewalk Project.

61. I-6 - CONTRACT AWARD - CONSTRUCTION OF LANDSCAPE PLANTING, TRAIL, LANDSCAPE MAINTENANCE, AND RELATED WORK AT WOLF TRAILS PARK (HUNTER MILL DISTRICT) (Tape 12)

The Board next considered an Information Item contained in the Memorandum to the Board dated February 28, 1994 requesting authorization for staff to award a contract to Greenbriar Farms Landscaping, Incorporated of Woodbine, Maryland in the amount of $75,163 for construction of landscape planting, trail, landscape maintenance, and related work at Wolf Trails Park as part of Project 475588, Community Park Development, Subfund 451, Park Authority Bond Construction.

The staff was directed administratively to proceed as proposed.

62. I-7 - CONTRACT AWARD - FAIRFAX FARMS STORM DRAINAGE IMPROVEMENTS (PROVIDENCE DISTRICT) (Tape 12)

The Board next considered an Information Item contained in the Memorandum to the Board dated February 28, 1994 requesting authorization for staff to award a contract to Hercules Construction Corporation in the amount of $81,696.50 for the construction of Fairfax Farms Storm Drainage Improvements, Project DF0391, in Subfund 490, Pro Rata Share Drainage Construction.

The staff was directed administratively to proceed as proposed.

63. I-8 - CONTRACT AWARD - THE VIRGINIAN DEVELOPER DEFAULT (PROVIDENCE DISTRICT) (Tape 12)

The Board next considered an Information Item contained in the Memorandum to the Board dated February 28, 1994 requesting authorization for staff to award a contract to New Construction Company in the amount of $61,285.00 for the construction of the Virginian Developer Default in Project U00006, Developer Defaults, in Subfund 468, Public Works Construction.

The staff was directed administratively to proceed as proposed.

64. I-9 - ENGINEERING CONTRACT AWARD TO CERVANTES AND ASSOCIATES FOR DESIGN SERVICES REQUIRED FOR PHASE VII OF THE FAIRHAVEN PUBLIC IMPROVEMENTS PROJECT (MOUNT VERNON DISTRICT) (Tape 12)

The Board next considered an Information Item contained in the Memorandum to the Board dated February 28, 1994 requesting authorization for staff to award a contract to Cervantes and Associates in the amount of $54,655 for engineering services required for the design work associated with Phase VII of Project 003848, Fairhaven Public Improvements, Subfund 178, Community Development Block Grant, Phase 000, Program Year 19.

The staff was directed administratively to proceed as proposed.

65. I-10 - CONTRACT AWARD FOR THE RENOVATION OF LITTLE RIVER SQUARE CONDOMINIUMS, KITCHEN AREAS (BRADDOCK DISTRICT) (Tape 12)

The Board next considered an Information Item contained in the Memorandum to the Board dated February 28, 1994 requesting authorization for staff to:

The staff was directed administratively to proceed as proposed.

ADDITIONAL BOARD MATTERS

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66. REQUEST FOR DEFERRAL OF SPECIAL EXCEPTION APPLICATION SE 93-V-008 (SILVERBROOK CONSORTIUM L.P.) (Tape 12)

Supervisor Hyland stated that the Silverbrook Consortium Limited Partnership, through its attorney, is requesting an indefinite deferral for Special Exception Application SE 93-V-008. He added that the applicant has been meeting with the neighboring residents to find a compatible use for property contiguous to Gunston Corner. During the January Board of Supervisors' meeting a 30-day deferral was granted to the applicant. A development alternative has been identified that still needs to be reviewed by staff and plans still need to be drawn. This will take more than the extension time granted by the Board.

Therefore, Supervisor Hyland moved that the Board indefinitely defer the public hearing on Special Exception Application SE 93-V-008. This motion was seconded by Supervisor Alexander and carried by a vote of eight, Supervisor Trapnell and Chairman Davis being out of the room.

67. MASON NECK STATE PARK GYPSY MOTH INFESTATION (Tape 12)

Supervisor Hyland stated that the Mason Neck State Park has a significant gypsy moth infestation. The Commonwealth's Department of Conservation and Recreation, Division of State Parks, has responded to the Board's request to consider a suppression program for gypsy moth infestation. The Commonwealth indicates that it wants to do more monitoring and incorporate the County's data with theirs so they could consider a suppression program in the future. In the meantime the gypsy moths are reaching higher

and higher populations. If the Mason Neck State Park overseer does not begin active suppression at least doing contiguous property boundaries, this could result in adversely affecting the County's planned springtime suppression program on these adjacent properties.

Supervisor Hyland said that the Commonwealth's State Park staff has stated to County staff that they are not going to pursue a suppression program for 1994 but the staffs will meet in June to discuss future opportunities and work cooperatively in addressing the issue. This meeting will take place after the County's April 1994 suppression season.

Therefore, Supervisor Hyland moved that the Board request Virginia Commonwealth Senator Joseph Gartlan to intervene on the Board's behalf to meet with the Secretary of Natural Resources to have Mason Neck State Park put into their gypsy moth suppression program for 1994. This motion was seconded by Supervisor Berger and carried by a vote of seven, Supervisor Frey, Supervisor Trapnell, and Chairman Davis being out of the room.

68. MISS KIM MONTGOMERY - SECOND GRADER WINS NATIONAL POSTER CONTEST (Tape 12)

Supervisor Hyland stated that Miss Kim Montgomery, a second grade student at Mount Vernon's Hollin Meadows Elementary School, is this year's "Reading is Fundamental" national poster contest winner. In cooperation with art teacher, Ms. Martha Wagner; reading teacher, Ms. Donna Porcaro and school principal, Ms. Joy Hanbury, the students at Hollin Meadows Elementary School entered the national contest. Miss Montgomery's poster was among 300,000 entries and won first prize. "Reading is Fundamental" is the nation's oldest nonprofit children's literacy organization which brings books to more than three million children yearly through 150,000 volunteers.

Therefore, Supervisor Hyland moved that the Board direct staff to invite Miss Montgomery, her teachers and principal to appear before the Board to be recognized for Miss Montgomery's national award and for their support of the "Reading is Fundamental" Program. This motion was seconded by Supervisor McConnell and carried by a vote of seven, Supervisor Frey, Supervisor Trapnell, and Chairman Davis being out of the room.

69. TALKING HIGHWAY (Tape 12)

Supervisor Hyland said that in the recent Virginia Natural Resources newsletter, it mentions a new program [funded by the Intermodal Surface Transportation Efficiency Act (ISTEA)] called the talking highway. This is a unique traveler information system that will be used along U.S. Highway 58 from Cumberland Gap to Virginia Beach. The talking highway is a series of low powered radio transmitters that talk about historic sights to visit which are located along Highway 58. The traveler station can be heard by people who tune in to their car radios.

Because Fairfax County is steeped in history and natural resources, Supervisor Hyland suggested that the Board direct staff to review this creative method of bringing more tourists to Fairfax County and determine how it can be developed for use here, beginning in the most historic part of the County, Mount Vernon.

Supervisor Hyland asked unanimous consent that the Board direct staff to:

Without objection, it was so ordered.

70. FAIRFAX RELEAF (Tape 12)

Supervisor Hyland said that he has received a letter from James Frazier, President of Fairfax ReLeaf requesting the Board's authorization to conduct the official Fairfax County Arbor/Earth Day programs for 1994. Fairfax ReLeaf is making all arrangements at no cost to the County. The corporate sponsor, is Ogden Martin of Fairfax, Incorporated. This year's activities will take place at Grist Mill Park in Mount Vernon on April 16, 1994 and Belle View Elementary School on April 29, 1994. The Tree Commission has endorsed Fairfax ReLeaf's programs and the president of Belle View Elementary School, Mrs. Lynn Egge, has accepted ReLeaf's offer of assistance with their wetlands creation and trail enhancement program.

Therefore, Supervisor Hyland moved that the Board authorize Fairfax ReLeaf to proceed with their planning of the official 1994 Arbor/Earth Day programs and activities and to have the Office of Public Affairs assist with publicizing these events. This motion was seconded by Supervisor Alexander and carried by a vote of eight, Supervisor Frey and Supervisor Trapnell being out of the room.

71. REZONING APPLICATION RZ 93-V-028 (BANK OF ALEXANDRIA) (Tape 12)

Supervisor Hyland stated that Rezoning Application RZ 93-V-028 is a request to rezone 4.85 acres of land from the C-5 and R-1 Districts to the C-5 district. Part of the application property includes a portion of Old Lorton Road (Route 968) to be vacated.

Supervisor Hyland said that since the Board owns the underlying title to the right-of-way for that portion of Old Lorton Road to be vacated, the Board must concur in this application in order for it to proceed.

Therefore, Supervisor Hyland moved that the Board:

This motion was seconded by Supervisor Alexander and carried by a vote of eight, Supervisor Frey and Supervisor Trapnell being out of the room.

Supervisor Hyland said that this motion should not be construed as a favorable recommendation on the Rezoning or Special Exception Applications by the Board and does not relieve the applicant/owner from compliance with the provisions of any applicable ordinances, regulations, or adopted standards.

72. FAIRFAX FEDERATION'S RESOLUTION REGARDING DISNEY'S AMERICA (Tape 12)

Supervisor Hyland distributed to Board Members a copy of the Fairfax Federation's request and Resolution concerning the proposed Disney's America project in Haymarket, Virginia.

Supervisor Hyland said that the Federation has expressed their unanimous concern that sufficient time has not been provided for legislators and citizens to study regional impacts and effects on Northern Virginia's currently planned transportation projects. Further, they opposed use of public funds to assist a private business venture such as the one proposed.

Supervisor Hyland moved that the Board direct the:

Following discussion, Supervisor Bulova asked unanimous consent that the Board direct staff to address both the Environmental Quality Advisory Council (EQAC) letter and the Resolution from the Federation of Citizens Associations regarding the impact of the Disney project as regards to environmental issues, sewer, water, and air.

Supervisor Dix asked unanimous consent that the Board defer the first item (bullet number one) until the Board Meeting of March 21, 1994, and place it on the agenda of the Joint Meeting with the Prince William Board of Supervisors scheduled for March 14, 1994. Without objection, it was so ordered.

Regarding the second item (bullet number two), Supervisor Bulova referred to the aforementioned letter and Resolution and asked unanimous consent that the Board direct staff to review both of these issues and respond to the Board regarding the environmental impact. Without objection, it was so ordered.

Following a lengthy discussion, Supervisor Alexander moved a substitute motion that the Board defer both items (one and two) until after the Joint Meeting with the Prince William Board of Supervisors on March 14, 1994, and the Board Meeting on March 21, 1994. This motion was seconded by Supervisor Berger and CARRIED by a recorded vote of six, Supervisor Bulova, Supervisor Hanley, and Supervisor Hyland voting "NAY," Supervisor Trapnell being out of the room.

The question was then called on the main motion, as substituted, which CARRIED by a recorded vote of six, Supervisor Bulova, Supervisor Hanley, and Supervisor Hyland voting "NAY," Supervisor Trapnell being out of the room.

73. APPOINTMENTS TO THE METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS (Tape 12)

(APPTs)

Chairman Davis relinquished the Chair to Vice-Chairman McConnell and moved the reappointments of Thomas M. Davis III, Gerald W. Hyland, and Robert B. Dix, Jr., as the Principals, and Sharon Bulova, Michael R. Frey, and Christine R. Trapnell as the Alternates to the Board of Directors of the Metropolitan Washington Council of Governments (COG). This motion was seconded by Supervisor Hanley and carried by a vote of eight, Supervisor Frey and Supervisor Trapnell being out of the room.

74. APPOINTMENT TO THE CHILD CARE ADVISORY BOARD (Tape 12)

(APPT)

Supervisor Davis moved the appointment of Ms. Betsy Closter as an At-Large Representative to the Child Care Advisory Board. This motion was seconded by Supervisor Alexander and carried by a vote of eight, Supervisor Frey and Supervisor Trapnell being out of the room.

Vice-Chairman McConnell returned the gavel to Chairman Davis.

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75. REQUEST FOR WAIVER OF FEES ASSOCIATED WITH BAILEY'S DAY 1994 (Tape 13)

On behalf of Supervisor Trapnell, Chairman Davis announced that her office, along with the residents and businesses in Mason District, is preparing to sponsor Bailey's Day 1994. He said that this community festival of music, food, and arts and crafts celebrates the rich ethnic and cultural diversity of the Bailey's area. This years event will take place on May 14, 1994 at Mason District Park. Monies raised through Bailey's Day are put toward the Bailey's revitalization effort.

Therefore, Chairman Davis relinquished the Chair to Vice-Chairman McConnell and moved that the Board waive all fees associated with Bailey's Day, including the Park Authority's 15 percent vendor fee. This motion was seconded by Supervisor Berger and carried by a vote of seven, Supervisor Alexander, Supervisor Frey, and Supervisor Trapnell being out of the room.

76. REQUEST FOR WAIVER OF FEES FOR THE MOUNT PLEASANT BAPTIST CHURCH (Tape 13)

On behalf of Supervisor Trapnell, Supervisor Davis said that the Mount Pleasant Baptist Church, located at 6477 Lincolnia Road in Alexandria, has recently filed a Special Exception Application to construct additional parking on an area of land near the church. This additional parking will be used on Sundays to help prevent spillover parking into a nearby shopping center.

Supervisor Davis moved that the Board waive the filing fee for this Special Exception Application. This motion was seconded by Supervisor Berger and carried by a vote of seven, Supervisor Alexander, Supervisor Frey, and Supervisor Trapnell being out of the room.

77. REQUEST FOR FUNDING FOR VIRGINIA HILLS CIVIC ASSOCIATION PLAYGROUND (Tape 13)

Chairman Davis stated that he was recently made aware of the efforts of the Virginia Hills Civic Association to provide a safe playground for the children in their community.

Chairman Davis explained that for four years the Playground Committee of the Civic Association has been working with Supervisor Alexander's office and holding yard sales and other fundraisers to raise money to purchase and install playground equipment at the former Virginia Hills Elementary School because the existing equipment has been declared unsafe.

Chairman Davis pointed out that the Civic Association has conducted a survey and concluded that approximately 250 children live in the 900 homes in the neighborhood and are within safe walking distance of the playground site. This is particularly important because no other parks are within walking distance.

Chairman Davis said that the Civic Association has raised about $3,000 through its efforts. This is a fraction of the amount required. The members have attempted to obtain other funds through various sources, but have been unsuccessful.

Given the especially acute need of this community, and its years-long work to provide safe recreation for a large number of children, Supervisor Davis moved that the Board include funding in the amount of $20,000 as a Third Quarter Consideration Budget Item. This motion was seconded by Supervisor Alexander and CARRIED by a recorded vote of six, Supervisor Berger voting "NAY," Supervisor Alexander, Supervisor Frey, and Supervisor Trapnell being out of the room.

Vice-Chairman McConnell returned the gavel to Chairman Davis.

78. METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS (COG) ANALYSIS OF LAND USE AND TRANSPORTATION RELATIONSHIPS USING HYPOTHETICAL SCENARIOS AND PLANNING ANALYSIS TOOLS FOR THE METROPOLITAN WASHINGTON REGION (Tape 13)

Supervisor Dix distributed to Board Members a Resolution that was recently approved by the Metropolitan Washington Council of Governments (COG) Board of Directors.

Supervisor Dix noted that the MWAQC and the Transportation Planning Board (TPB) have approved this matter and, therefore, it will move forward as outlined.

Supervisor Dix pointed out that it is important that the scenarios are hypothetical; the exercise is meant to provide data to be used as a planning tool and that local government land use decision making autonomy is recognized and confirmed.

79. NATIONAL CAPITAL REGION TRANSPORTATION PLANNING BOARD (TPB) VISION LONG RANGE PLAN (Tape 13)

Supervisor Dix distributed to Board Members information which is currently being discussed at the National Capital Region Transportation Planning Board (TPB) regarding a Vision Long Range Plan for transportation activities in the Metropolitan Washington region. He said that this matter results from certain requirements which are determined to be mandated by the Intermodal Surface Transportation Efficiency Act (ISTEA).

Supervisor Dix noted that there is still a significant amount of discussion and debate which will take place before any decisions are made.

80. THE METROPOLITAN DEVELOPMENT POLICY COMMITTEE (Tape 13)

Supervisor Dix said that the Metropolitan Development Policy Committee is currently going through a reorganization process.

Supervisor Dix distributed to Board Members a copy of the proposed by-laws along with a letter from Supervisor William Becker of Prince William County, who will serve as Chairperson of the reconstituted body.

81. METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS (COG) GOALS AND ACTION STRATEGIES TO COMBAT VIOLENCE IN THE WASHINGTON METROPOLITAN AREA (Tape 13)

Supervisor Dix stated that recently the Metropolitan Washington Council of Governments (COG) approved a Resolution dealing with goals and recommendations to combat violence in the Metropolitan Washington area.

Supervisor Dix reported that items currently being considered in the Virginia General Assembly such as the "three strikes you're out" provisions dealing with repeat violent offenders and the matter of making punishments certain and predictable, were included in the final iteration of the report.

Supervisor Dix stated that subjects such as mandatory sentencing and truth-in-sentencing provisions will be considered further by the Human Services and Public Safety Committee of COG. He added that interested individuals may obtain a copy of the full report by contacting COG staff at (202) 962-3260.

82. ENERGY EFFICIENT RETROFIT PROJECTS FOR COUNTY FACILITIES (Tape 13)

Supervisor Dix stated that he has recently corresponded with the County Executive and with Virginia Power to determine whether any current programs exist, or opportunities exist to participate in partnerships which might result in County facilities becoming more energy efficient while at the same time reducing operating costs of the same facilities.

Supervisor Dix said that Virginia Power has responded by offering to work with staff and conduct walk-through audits of typical facilities and also to review comparisons of thermal storage to conventional systems.

Supervisor Dix moved that the Board support pursuing discussions and following-up on Virginia Power's offer to determine if opportunities exist in this area for Fairfax County. This motion was seconded by Chairman Davis.

Following discussion, with input from the County Executive, the question was called on the motion which carried by a vote of six, Supervisor Alexander, Supervisor Frey, Supervisor Hyland, and Supervisor Trapnell being out of the room.

83. "TAKE ME HOME" FEATURE IN THE WEEKENDER SECTION OF THE TIMES COMMUNITY NEWSPAPERS (Tape 13)

Supervisor Dix stated that it has come to his attention that ARCOM Publishing, through its Times Community Newspaper, has initiated a program in their weekly newspapers to encourage citizens to adopt pets from the Fairfax County Animal Shelter.

Supervisor Dix asked unanimous consent that the Board concur in the request to the County Executive to express in writing the Board's appreciation for this community service at no charge, to the Times Community Newspapers and its weekender editor. Without objection, it was so ordered.

84. NATIONAL TRANSPORTATION SAFETY BOARD COLONIAL PIPELINE INCIDENT (Tape 13)

Supervisor Dix noted that Board Members have recently received a copy of a letter from William J. Leidinger, County Executive to Mr. Carl W. Vogt, Chairman of the National Transportation Safety Board (NTSB), regarding the classification of the Colonial Pipeline oil spill of March, 1993.

Supervisor Dix said that it is appalling that an environmental tragedy of the magnitude of the Colonial Pipeline spill, and the ensuing public health/public safety crisis which occurred, could result in a re-classification by the NTSB of this occurrence as a "minor incident."

Supervisor Dix moved that the Board:

This motion was seconded by Chairman Davis and carried by a vote of six, Supervisor Alexander, Supervisor Frey, Supervisor Hyland, and Supervisor Trapnell being out of the room.

85. FEDERAL LOBBYIST (Tape 13)

Supervisor Dix referred to the Federal Lobbyist and the results of the contract with the Federal Lobbyist both in terms of the ability to quantify those results and to predict opportunities in the future.

Supervisor Dix said that he has been disappointed with the results of the current arrangement. Therefore, Supervisor Dix asked unanimous consent that the Board direct the County Executive to provide to Board Members in writing, by the Board of Supervisors Meeting scheduled for March 7, 1994, his discussion regarding this issue and the opportunity for the Board to pursue other avenues.

Supervisor Hanley asked that the request be amended to direct the County Executive to provide Board Members with copies of invoices.

Without objection, the request, as amended, was so ordered.

86. PARK AUTHORITY FEES (Tape 13)

Supervisor Dix distributed to Board Members a copy of a memorandum from the Park Authority regarding Park Authority fees. He suggested that community organizations be made aware of a public meeting scheduled for March 8, 1994.

87. JAMES MADISON HIGH SCHOOL STUDENTS AGAINST DRINKING AND DRIVING (SADD) LOCK-IN (Tape 13)

Supervisor Dix announced that the James Madison High School Students Against Drinking and Driving (SADD) are sponsoring a Lock-In on Saturday, April 23, 1994.

Chairman Davis relinquished the Chair to Vice-Chairman McConnell and asked unanimous consent that the Board direct the staff to prepare a letter for the Chairman's signature, on behalf of the Board, congratulating the students. Without objection, it was so ordered.

Vice-Chairman McConnell returned the gavel to Chairman Davis.

88. CANCELLATION OF LEGISLATIVE SUBCOMMITTEE MEETING (Tape 13)

Supervisor Dix announced that the Legislative Subcommittee meeting scheduled for March 18, 1994 has been cancelled. He added that the "legislative wrap-up" meeting is scheduled for March 25, 1994.

89. NEGATIVE COMMENTS REGARDING FAIRFAX COUNTY EMPLOYEES (Tape 13)

Supervisor Dix referred to items that he has recently read regarding negative comments concerning Fairfax County employees. He said that during the past two years, the employees have demonstrated a willingness to be a partner in achieving solutions.

90. WITHDRAWAL OF BOARD'S OWN MOTION, PROFFERED CONDITION AMENDMENT APPLICATIONS PCA 88-P-009 AND PCA 88-P-061 (Tape 13)

Supervisor Hanley moved that the Board withdraw its Board's Own Motion, Proffered Condition Amendment Applications PCA 88-P-009 and PCA 88-P-061. She said that the issues that triggered these applications have been resolved. This motion was seconded by Chairman Davis and carried by a vote of seven, Supervisor Hyland, Supervisor McConnell, and Supervisor Trapnell being out of the room.

91. POTHOLES ON NUTLEY STREET (Tape 13)

Supervisor Hanley said that numerous citizens have called her office regarding the horrendous potholes on Nutley Street between Arlington Boulevard and Lee Highway. Knowing that this is a private road, Supervisor Hanley moved that the Board direct staff to review this issue to determine what can be done with this road to fill the potholes and review the County's request to purchase the road. This motion was seconded by Supervisor Bulova and carried by a vote of seven, Supervisor Hyland, Supervisor McConnell, and Supervisor Trapnell being out of the room.

92. REQUEST TO DECLARE APRIL AS IMMUNIZATION MONTH (Tape 13)

Supervisor Hanley asked unanimous consent that the Board direct staff to prepare a Resolution declaring April, 1994 as Immunization Month in Fairfax County in accordance with the National Immunization Month and schedule the presentation for the Board of Supervisors meeting on March 21, 1994. She suggested that the Health Care Advisory Board (HCAB) be notified. Without objection, it was so ordered.

93. INCREASE IN GRAFFITI (Tape 13)

Supervisor Hanley expressed concern for the increase in graffiti on bridges and retaining walls in the Tysons area as well as the rest of the Providence District. She moved that the Board direct staff to review this issue with the Virginia Department of Transportation (VDOT) and all appropriate agencies that might be able to address this issue as well as the Sheriff to determine if there are community diversion activities to remove graffiti; and report its findings. This motion was seconded by Supervisor Alexander.

Supervisor Alexander asked that the motion be amended to direct staff to determine VDOT's findings regarding the graffiti on Pohick Bridge, and this was accepted.

The question was called on the motion, as amended, which carried by a vote of seven, Supervisor Hyland, Supervisor McConnell, and Supervisor Trapnell being out of the room.

94. HEALTH CARE ADVISORY BOARD RECOMMENDATION REGARDING SCHOOL HEALTH PROGRAM GUIDELINES (Tape 13)

Supervisor Hanley called the Board's attention to a memorandum from the Health Care Advisory Board (HCAB) dated February 8, 1994, copies of which she had distributed to Board Members, and moved that the Board and the School Board work collaboratively in the planning process to create detailed school health program guidelines as recommended by the HCAB. This motion was seconded by Supervisor Bulova and carried by a vote of seven, Supervisor Hyland, Supervisor McConnell, and Supervisor Trapnell being out of the room.

95. CITY OF FALLS CHURCH LEASING OF SPACE ON THE LEWINSVILLE WATER TANK AND WILLSTON WATER TANK (Tape 13)

Supervisor Hanley called the Board's attention to a letter she had received from the Mayor of the City of Falls Church, copies of which she had distributed to Board Members, regarding the proposed leasing of space on the City's Lewinsville water tank and Willston water tank by Nextel Communication.

96. PROFESSIONAL AND TRAINING SERVICES FOR THE HUMAN SERVICES REDESIGN PROJECT (Tape 13)

Supervisor Hanley directed the Board's attention to a memorandum from the County Executive dated February 23, 1994 regarding professional services for the Human Services Redesign which was distributed at the morning's Human Services Subcommittee meeting. Accordingly, she moved that the Board direct staff to continue to work with Virginia Polytechnic Institute (VPI) to secure professional and training services for the Human Service Redesign Project in the amount of approximately $275,000. This motion was seconded by Chairman Davis and carried by a vote of seven, Supervisor Hyland, Supervisor McConnell, and Supervisor Trapnell being out of the room.

97. TRANSITIONAL HOUSING PROGRAM (Tape 13)

Supervisor Hanley stated that the Transitional Housing Program is a cost effective method of addressing homelessness in Fairfax County. She expressed her appreciation to staff for their extensive data compilation in the preparation of the report which demonstrates that the program does work.

Accordingly, Supervisor Hanley moved that the Board authorize the Department of Human Development to submit a renewal grant application for the Transitional Housing Program to the United States Department of Housing and Urban Development. Chairman Davis relinquished the Chair to Acting-Chairman Alexander and asked unanimous consent that the Board defer this item and direct staff to return it as an Action Item at the Board's meeting scheduled for March 7, 1994. Without objection, it was so ordered.

Acting-Chairman Alexander returned the gavel to Chairman Davis.

98. CONTRACTING IN FAIRFAX COUNTY (Tape 13)

Supervisor Hanley stated that recently there had been much discussion regarding contracting by the County. Accordingly, she asked unanimous consent that the Board direct staff to provide a computer printout of the vendors with which the County currently has contracts. Following discussion, Chairman Davis relinquished the Chair to Acting-Chairman Alexander and asked to amend the request to direct staff to determine the magnitude of such an effort. Without objection, the request as amended, was so ordered.

Supervisor Hanley asked unanimous consent that the Board direct staff to determine if there is a list available for the public to peruse. Without objection, it was so ordered.

99. ABANDONMENT OF THE SECTION OF SECONDARY ROUTE 876, FROM SULLY ROAD NORTHWESTERLY TO END (Tape 13)

(R) Supervisor Frey moved adoption of the Resolution abandoning the section of Secondary Route 876, from Sully Road (Route 28) northwesterly to end, a distance of 0.27 miles, located on Tax Map Reference 54-5((1)). This motion was seconded by Supervisor Bulova and carried by a vote of six, Supervisor Dix, Supervisor Hyland, Supervisor McConnell, and Supervisor Trapnell being out of the room.

100. MAIL SERVICES FOR BOARD MEMBERS (Tape 13)

Supervisor Frey stated that he had recently received an item in the United States Mail from the Department of Fire and Rescue Services and previously he had received a similarly mailed item from the Department of Consumer Affairs. Accordingly, he asked unanimous consent that the Board direct the County Executive to reemphasize to County employees that the Board is served by the County Courier Service. Without objection, it was so ordered.

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101. SHOWCASE OF FAIRFAX COUNTY FOR NORTHERN VIRGINIA PLANNING DISTRICT COMMISSION (Tape 14)

Supervisor Bulova stated that last year the Northern Virginia Planning District Commission (NVPDC) held a "Showcase" on one of their participating jurisdictions, the Town of Herndon. She noted that this first time event showcased the past, present, and future of the Town of Herndon. Mayor Rust hosted NVPDC Commissioners, elected representatives, and chief staffers from the participating localities. The Saturday event began with a brief history of Herndon at their new municipal garage, continued with a bus tour of the Town, and culminated with a barbecue at the Mayor's home.

Supervisor Bulova stated that she and Supervisor Berger received approval from the Board to host this year's Showcase. She stated that they are considering the May/June time frame to showcase Fairfax County's rich past, present, and future. Accordingly, Supervisor Bulova asked unanimous consent that the Board direct staff to assist in selecting a date and organizing this event. She offered her and Supervisor Berger's suggestion that the event begin with a brief program and film presentation at the Government Center and end with a reception at one of the County's historical locations, Sully Plantation, Claude Moore Farm, or the Woodlawn Plantation. Without objection, it was so ordered.

102. BURKE CENTRE CAR WASH: CONCURRENT PROCESSING FOR SPECIAL EXCEPTION APPLICATION SE 93-B-057 AND RELATED SITE PLAN (Tape 14)

Supervisor Bulova stated that Special Exception Application SE 93-B-057 has been filed with the County to allow the construction of a car wash to be located near the northeast intersection of Ox Road and Burke Centre Parkway. The site is located at the back of a small industrial site next to the shopping center, but outside the limits of the Planned Residential Community (PRC). She noted that there are no major issues associated with this application and the Burke Centre Conservancy Architectural Review Board has reviewed the application.

Therefore, Supervisor Bulova moved that the Board direct staff to review concurrently the Site Plan to be filed in conjunction with the Special Exception Application. She stated that the applicant understands that this review does not guarantee approval of the Special Exception Application, nor does it provide them with a vested plan. This motion was seconded by Chairman Davis and carried by a vote of six, Supervisor Dix, Supervisor Hyland, Supervisor McConnell, and Supervisor Trapnell being out of the room.

103. POLICY TO ALLOW THE EMPLOYEES ADVISORY COUNCIL TO COMMENT ON PERSONNEL ISSUES (Tape 14)

(P) Supervisor Bulova stated that prior to the February 7, 1994 Board Meeting, the Board met with representatives of the Employees Advisory Council (EAC). She said that at that meeting the question of establishing a Policy to allow the EAC to comment prior to Board action on personnel issues that have gone through the Civil Service Commission was referred to a smaller working group including herself and Supervisor Frey.

Supervisor Bulova stated that last week she and Supervisor Frey met with John Burdette, President, EAC; Stuart Buckley; John Robinson, Executive Director, Civil Service Commission; and Susan Woodruff, Supervisor, Employee Relations Division, Office of Personnel; and moved that the Board adopt the following Policy:

This motion was seconded by Supervisor Frey and carried by a vote of seven, Supervisor Dix, Supervisor Hyland, and Supervisor Trapnell being out of the room.

104. FAIRFAX COUNTY CONTRIBUTION TO THE VIRGINIA RAILWAY EXPRESS (VRE) LORTON STATION (Tape 14)

Supervisor McConnell stated that recently Stafford County has expressed concerns regarding their local contribution for the operation of the Virginia Railway Express (VRE). Proportionately, ridership on the VRE from Stafford is greater than initially forecast. Though Supervisor McConnell cited reasons for this fact, she stated that Stafford officials also point to the delayed opening of the Lorton Station in Fairfax County as one of the causes for their ridership percentage to be higher than anticipated.

Supervisor McConnell noted that the opening of Lorton Station has been delayed for reasons beyond the control of the Board and expressed the belief that it may be operational by October of this year.

Supervisor McConnell stated that the 1995 VRE fiscal year begins July 1st. When the ridership survey was conducted to assign local contribution for the VRE budget, future passengers at Lorton were not there to be counted. She did state, however, that Fairfax County riders will use the Lorton Station for eight months of 1995 fiscal year. While the VRE Master Agreement is silent about this situation where a major station opens relatively early in a fiscal year, Supervisor McConnell stated her belief that the Master Agreement does not intend for a jurisdiction to receive a "free ride" in that case. She further stated that staff has calculated a cost of $195,000 to be assigned to Fairfax County based on projected ridership at the Lorton Station pro-rated to the eight months of operation and reduced by the revenue to be received from those riders.

Therefore, Supervisor McConnell, in conjunction with Supervisor Bulova, and in the spirit, if not the letter, of the Master Agreement, asked unanimous consent that the Board direct staff to identify the amount of $195,000 as a Consideration Item in the budget for Fairfax County's share for riders at the Lorton Station to be included in the 1995 VRE budget.

Following discussion, without objection, the request was so ordered.

105. DEFERRAL OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 112 (ZONING ORDINANCE) ARTICLES 3, 8, AND 11 (PLACES OF WORSHIP) (Tape 14)

Supervisor McConnell stated that she had received many calls from both residents and churches concerning the proposed amendment to the Code of the County of Fairfax, Chapter 112 (Zoning Ordinance) regarding places of worship. Both the residential and the church communities find the zoning documents confusing.

In an effort to clarify the issues, Supervisor McConnell moved that the Planning Commission and the Board of Supervisors defer the public hearings and postpone the Planning Commission workshop scheduled for this Thursday evening. This will allow staff more time to work with everyone involved to explain the proposed Ordinance and continue to address their concerns, incorporate changes, and if necessary readvertise before it goes to the public hearing process. This motion was seconded by Chairman Davis.

Following discussion, the question was called on the motion which CARRIED by a recorded vote of five, Supervisor Berger and Supervisor Frey voting "NAY," Supervisor Hanley, Supervisor Hyland, and Supervisor Trapnell being out of the room.

106. SNOW REMOVAL NEAR HANDICAPPED PARKING SPACES (Tape 14)

Supervisor McConnell stated that she had been contacted by a citizen with a disability from Falls Church regarding snow removal. Unfortunately, there seems to be a tendency of snow plow operators to push the excess snow in parking lots into the handicapped parking spaces. This citizen makes a good point that if handicapped persons need these spaces in the dry weather, they need the spaces even more in the inclement weather.

Supervisor McConnell moved that the Board direct staff to review the possibility of drafting an Ordinance holding the management companies for each shopping center responsible for keeping the handicapped parking spaces (within their control) free of snow during the winter. Supervisor McConnell stated that such an Ordinance would be in their best interest because they are already required to do reasonable snow removal under the law. This motion was seconded by Supervisor Bulova and carried by a vote of six, Supervisor Frey, Supervisor Hanley, Supervisor Hyland, and Supervisor Trapnell being out of the room.

107. WEST SPRINGFIELD HIGH SCHOOL RECOGNITIONS (Tape 14)

Supervisor McConnell stated that she is proud to bring to the Board's attention some outstanding teachers and athletes from West Springfield High School. First, two teachers have received awards for accomplishments in their field. Dr. Carolyn Foronda was honored by the Virginia Cultural Laureate Society as the recipient of a lifetime award as Cultural Laureate for American Literature. She has written two poetry publications, one in 1988 and another in 1993. Mr. James Percoco received the Disney American Teacher Award in Social Studies, a national award which was televised on the Disney channel.

Supervisor McConnell said that three athletic groups also need to be recognized for their accomplishments. The Boys Cross Country team won the Virginia State championship in November. The team is coached by Mr. Vic Kelbaugh who also coached the cross country team to State championships in 1989 and 1990. Ms. Julia Martynova, an exchange student from the Ukraine, won the 1993 Girls Virginia State Singles Tennis Championship. Lastly, Ms. Sherri D'Amato was named the National Women's Soccer Coach of the Year. She has coached the West Springfield High School Girls Soccer Team to three consecutive State championships, the latest one being an undefeated season this past fall. West Springfield also has a principal who received a national award.

Supervisor McConnell asked unanimous consent that the Board direct staff to invite these individuals to appear before the Board as soon as possible to be recognized for their great success. Without objection, it was so ordered.

108. DEFERRAL OF SUPERVISOR BERGER'S BOARD MATTERS (Tape 14)

Supervisor Berger announced that in view of the lateness of the hour and in deference to the citizens waiting for the public hearings, he would defer his Board Matters until the next meeting.

109. NO PARKING SIGNS ALONG A PORTION OF OLD TELEGRAPH ROAD BEHIND HAYFIELD SECONDARY SCHOOL (Tape 14)

Supervisor Alexander stated that in December, the Board approved a Resolution authorizing the installation of "No Parking" signs along Old Telegraph Road behind Hayfield Secondary School to alleviate the problems generated by student parking in the area. He added that the Board had also requested the staff to expedite the installation of these signs.

Supervisor Alexander stated that residents of Old Telegraph Road contacted him last week to inform him that the signs still have not been installed. Because this delay is unacceptable, Supervisor Alexander explained that he was bringing it once again to the Board's attention. Accordingly, he asked unanimous consent that the Board explicitly direct staff to have the signs installed by the end of March, 1994. Without objection, it was so ordered.

110. MAINTENANCE OF LACKAWANNA DRIVE (Tape 14)

Supervisor Alexander called the Board's attention to a situation on the southern end of Lackawanna Drive where the residents are living along a severely deteriorating dirt roadway which is in danger of becoming completely impassable. He stated that this part of Lackawanna Drive is covered by a shared maintenance agreement between the property owners fronting along the road. However, only a few residents are affected because much of the property is undeveloped. In addition, a long strip of frontage has been dedicated to Fairfax County along one subdivided parcel. Because of this frontage, the residents have asked the County for assistance in maintaining the road.

Supervisor Alexander expressed his appreciation to Beck Halsted and Scott St. Clair, Maintenance and Construction Division (MCD), Department of Public Works, for their extensive research on this problem which has helped to point out how difficult the

residents' situation is. He stated that there is no present program under which the MCD can do any work on this road. The road is not required to be upgraded to State standards unless there is additional development and the few affected residents cannot absorb the financial burden of the road work.

Because the road continues to deteriorate, Supervisor Alexander moved that the Board direct the County Executive to coordinate with his staff to develop a working group or program to meet the needs of the property owners to find some prompt way to rehabilitate this road into "driveable" condition and to plan for its eventual major improvement. This motion was seconded by Supervisor Bulova and carried by a vote of seven, Supervisor Hanley, Supervisor Hyland, and Supervisor Trapnell being out of the room.

111. 7:30 P.M. - PH TO RECEIVE CITIZEN COMMENT ON ISSUES OF CONCERN (Tape 15)

Certificates of Publication were filed from the Editor of the Fairfax Journal, showing that notice of said public hearing had been duly advertised in that Newspaper in the issues of February 11 and February 18, 1994.

Citizens of Fairfax County are encouraged to present their views on issues of concern. The Board will hear public comment on any issue except: issues under litigation, issues which have been scheduled for public hearing before the Board (this date and future dates), or comments regarding individuals. Each speaker may have up to three minutes and a maximum of 10 speakers will be heard. Citizens must call the Chairman's Office (703-324-2321) to register to speak and provide their names, addresses, phone numbers, and topics they wish to address.

The public hearing was held and included testimony by the following speakers:

Following testimony by Mr. Glover, Chairman Davis relinquished the Chair to Vice-Chairman McConnell and asked unanimous consent that the Board direct staff to review Mr. Glover's request for a copy of the Internal Audit report regarding a contractual matter. Without objection, it was so ordered.

Vice-Chairman McConnell returned the gavel to Chairman Davis.

Supervisor McConnell asked unanimous consent that the Board direct the County Executive to review Ms. Davis' request to exempt Civic Associations and citizen groups from fees for the use of the Government Center. Without objection, it was so ordered.

112. BOARD RECESS (Tape 15)

At 7:45 p.m. the Board recessed briefly, and at 8:10 p.m., reconvened in the Board Auditorium with all Members being present with the exception of Supervisor Alexander, Supervisor Hyland, and Supervisor Trapnell, and with Chairman Davis presiding.

113. 7:30 P.M. - JOINT PH OF THE BOARD OF SUPERVISORS AND THE FAIRFAX COUNTY REDEVELOPMENT AND HOUSING AUTHORITY (FCRHA) ON THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROPOSED STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND USE OF FUNDS FOR FISCAL YEAR (FY) 1995 - PROGRAM YEAR (PY) 20 AND HOUSING AND COMMUNITY DEVELOPMENT NEEDS (Tapes 15-18)

Certificates of Publication were filed from the Editor of the Fairfax Journal, showing that notice of said public hearing had been duly advertised in that Newspaper in the issues of February 11 and February 18, 1994.

Following a presentation by Pam Davis, Co-Chairman of the Project Selection Committee, Supervisor Hanley asked unanimous consent that the Board direct staff to provide the Board with information containing what was funded last year and what is new funding this year for this meeting and for the package. Without objection, it was so ordered.

Following testimony from Ms. Judy Booe, Speaker Two, Chairman Davis relinquished the Chair to Vice-Chairman McConnell and asked unanimous consent that the Board direct staff to prepare a letter to Governor George Allen:

Without objection, it was so ordered.

Vice-Chairman McConnell returned the gavel to Chairman Davis.

The public hearing was held and included testimony by 45 speakers.

[The Fairfax County Redevelopment and Housing Authority (FCRHA) is scheduled to adopt recommendations on the use of Fiscal Year (FY) 1995 Community Development Block Grant (CDBG) funds on March 17, 1994. The funding recommendations adopted by the FCRHA will be forwarded to the Board of Supervisors for its consideration and action on April 18, 1994, to follow the timetable for the submission of a CDBG Final Statement of Community Development Objectives and Use of Funds for FY 1995 - Program Year 20 to the United States Department of Housing and Urban Development (HUD).]

114. BOARD ADJOURNMENT (Tape 18)

At 10:55 p.m., the Board adjourned.