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The meeting was called to order at 9:55 a.m. with all Members being present, with the exception of Supervisor Alexander and Supervisor Hanley, 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.

Supervisor Alexander and Supervisor Hanley were absent from the entire meeting.

2. CERTIFICATE OF RECOGNITION PRESENTED TO IAN CALDWELL (Tape 1)

Supervisor Trapnell moved approval of the Certificate of Recognition presented to Ian Caldwell for being chosen as a Presidential Scholar. This motion was seconded by Supervisor Bulova and carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent.

3. CERTIFICATE OF RECOGNITION PRESENTED TO THERESE CUMMO FOR YEARS OF DEDICATED SERVICE (Tape 1)

Supervisor Trapnell moved approval of the Certificate of Recognition presented to Therese Cummo for many years of dedicated service as Program Director of Evergreen House. This motion was seconded by Supervisor Dix and carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent.

4. 10:00 A.M. - PRESENTATION BY THE HUMAN RIGHTS COMMISSION OF ITS ANNUAL REPORT (Tape 1)

Following the presentation of the Annual Report of the Human Rights Commission by Victor Dunbar, Chairperson, Fairfax County Human Rights Commission and John D. Strother, Vice-Chairperson, Fairfax County Human Rights Commission, there was discussion.

5. 10:15 A.M. - PRESENTATION BY THE FAIRFAX COUNTY FAMILY COURT OF ITS ANNUAL REPORT (Tapes 1-2)

Following the presentation of the Annual Report of the Fairfax County Family Court, by the Honorable Gaylord L. Finch, Chief Judge, Fairfax County Family Court and Vincent M. Picciano, Director of Court Services, there was discussion.

6. ADMINISTRATIVE ITEMS (Tape 2)

Supervisor Hyland moved approval of the Administrative Items. This motion was seconded by Supervisor Trapnell and carried by a vote of seven, Supervisor Frey being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

ADMIN 1 - ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION APPLICATION SE 87-Y-035, MERCHANT'S TIRE/BRADDOCK ROAD (SULLY DISTRICT)

(AT) Approved the request for 30 months of additional time to establish the use for Special Exception Application SE 87-Y-035 until February 10, 1997 pursuant to the provisions of Section 9-015 of the Zoning Ordinance.

ADMIN 2 - ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION APPLICATION SE 91-Y-034, MOBIL OIL/ROUTE 29 (SULLY DISTRICT)

(AT) Approved the request for 30 months of additional time to establish the use for Special Exception Application SE 91-Y-034 until February 10, 1997 pursuant to the provisions of Section 9-015 of the Zoning Ordinance.

ADMIN 3 - ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION APPLICATION SE 91-S-046, NORTHERN VIRGINIA ELECTRIC COOPERATIVE (NOVEC) (SPRINGFIELD DISTRICT)

(AT) Approved the request for 24 months of additional time to establish the use for Special Exception Application SE 91-S-046 until September 9, 1996 pursuant to the provisions of Section 9-015 of the Zoning Ordinance.

ADMIN 4 - AUTHORIZATION TO ADVERTISE A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A JOINT AGREEMENT WITH THE CITIES OF FALLS CHURCH AND FAIRFAX TO REGULATE CABLE TELEVISION RATES (COUNTYWIDE)

(A) Authorized the advertisement of a public hearing to be held before the Board of Supervisors on August 8, 1994 at 3:30 p.m. to consider the adoption of an ordinance to approve a joint agreement authorizing the County to undertake certain staff review functions for regulation of cable television in the Cities of Fall Church and Fairfax and providing for reimbursement by those Cities for that service.

7. A-1 - AFFIRMATION OF COUNTY EXECUTIVE ACTIONS TO RE-ESTABLISH EQUIPMENT MANAGEMENT TRANSPORTATION AGENCY (EMTA) OPERATIONAL MANAGEMENT AND STAFFING OF THE WEST OX VEHICLE MAINTENANCE FACILITY ON AN EXPEDITED BASIS (Tape 2)

Supervisor Hyland moved that the Board concur in the recommendation of staff and affirm the following actions initiated by the County Executive to expedite the transition of the West Ox Facility to County operational and management and staffing:

This motion was seconded by Supervisor Trapnell.

Supervisor Trapnell asked to amend the motion that the Board direct staff to insure all current Johnson Control employees who were displaced from County positions as a result of privatization of the West Ox Facility be put on the County's reemployment list, and this was accepted.

Following discussion, with input from William J. Leidinger, County Executive, Fred K. Kramer, Director, Department of General Services, and James D. Gorby, Director, Equipment Management Transportation Agency (EMTA), Supervisor McConnell moved to amend the motion to add a provision that the individuals providing quality control not be under the direction of EMTA, but rather be hired independent of EMTA. This motion was seconded by Supervisor Berger.

Supervisor Trapnell asked to amend the motion to direct staff to determine:

And this was accepted.

Chairman Davis relinquished the Chair to Vice-Chairman McConnell and asked to amend the motion that the Board direct staff to:

And this was accepted.

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

Vice-Chairman McConnell returned the gavel to Chairman Davis.

8. A-2 - AUTHORIZATION TO REVISE AGREEMENT WITH THE NORTHERN VIRGINIA JUVENILE DETENTION HOME COMMISSION (NVJDH) AND TO REALLOCATE FUNDS TO ALTERNATIVE METHODS FOR REDUCING OVERCROWDING AT THE FAIRFAX COUNTY JUVENILE DETENTION CENTER (Tape 2)

Following discussion, Supervisor McConnell moved that the Board concur in the recommendation of staff and authorize the County of Fairfax to:

This motion, the second to which was inaudible, CARRIED by a recorded vote of seven, Supervisor Frey voting "NAY," Supervisor Alexander and Supervisor Hanley being absent.

9. A-3 - AMENDMENTS TO THE COUNTY'S CLASSIFICATION AND COMPENSATION PLANS - DIRECTOR OF INFORMATION TECHNOLOGY AND ASSISTANT DIRECTOR OF INFORMATION TECHNOLOGY (Tape 2)

Following discussion, Supervisor Bulova moved that the Board concur in the recommendation of staff and approve amendments to the County's Classification and Compensation Plans necessary to establish the following two new classes:

This motion was seconded by Supervisor Hyland and carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent.

10. A-4 - APPLICATION FOR DESIGNATION AS A VIRGINIA CERTIFIED LOCAL GOVERNMENT (CLG) (Tape 2)

On motion of Supervisor Hyland, seconded by Chairman Davis, and carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent, the Board concurred in the recommendation of staff to request designation as a Certified Local Government (CLG) and authorize the Chairman to sign the letter to the Director of the Virginia Department of Historic Resources confirming Fairfax County's application for CLG status.

11. A-5 - APPROVAL FOR THE FIRE AND RESCUE DEPARTMENT TO SUBMIT A DEPARTMENT OF MOTOR VEHICLE GRANT APPLICATION (Tape 2)

On motion of Supervisor McConnell, seconded by Supervisor Trapnell, and carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent, the Board concurred in the recommendation of staff and approved the Fire and Rescue Department's submission of a grant in the amount of $1,500 to the Department of Motor Vehicles. This grant will purchase five collapsible child safety seats for the transportation of pediatric patients by Fire and Rescue Department medic units.

12. A-6 - SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 95014 FOR THE DEPARTMENT OF HUMAN DEVELOPMENT VIRGINIA SHELTER SUPPORT GRANT PROGRAM (Tape 2)

(SAR) On motion of Supervisor Hyland, seconded by Supervisor Trapnell, and carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent, the Board concurred in the recommendation of staff and approved the Supplemental Appropriation Resolution (SAR) AS 95014 totalling $87,412 to continue providing health care services to shelter residents and to potentially offset budgeted shelter operating expenses for the period July 1, 1994 through June 30, 1995.

13. A-7 - SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 95015 FOR THE DEPARTMENT OF HUMAN DEVELOPMENT INDEPENDENT LIVING INITIATIVES GRANT (Tape 2)

(SAR) On motion of Supervisor Trapnell, seconded by Supervisor Hyland, and carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent, the Board concurred in the recommendation of staff and approved the Supplemental Appropriation Resolution (SAR) AS 95015 totalling $59,862. This grant award will continue funding for one (1.0 SYE) existing merit grant-status Social Worker III position.

14. A-8 - APPROVAL OF APPLICATION FOR SECTION 108 LOAN FUNDS FOR THE REHABILITATION OF FAIRFAX COUNTY RENTAL PROGRAM (FCRP) UNITS (COUNTYWIDE) (Tape 2)

Following discussion, with input by Walter D. Webdale, Director, Department of Housing and Community Development, Supervisor Trapnell moved that the Board concur in the recommendation of staff and approve the application for $500,000 in loan funds guaranteed under Section 108 of the Housing and Community Development Act of 1974, as amended to provide funds to the Fairfax County Redevelopment and Housing Authority (FCRHA) for the rehabilitation of Fairfax County Rental Program (FCRP). This motion was seconded by Supervisor Hyland, and carried by a vote of seven, *Supervisor McConnell* being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

(NOTE: *Later in the meeting, Supervisor McConnell asked to be recorded as voting "AYE" on this item. See Clerk's Summary Item CL#33.)

15. A-9 - LAND ACQUISITION FOR COURTLAND PARK, PHASE II NEIGHBORHOOD IMPROVEMENTS PROJECT (MASON DISTRICT) (Tape 2)

(A)

(Rs) On motion of Supervisor Trapnell, seconded by Supervisor Berger, and carried by a vote of seven, *Supervisor McConnell* being out of the room, Supervisor Alexander and Supervisor Hanley being absent, the Board concurred in the recommendation of staff and:

(NOTE: *Later in the meeting, Supervisor McConnell asked to be recorded as voting "AYE" on this item. See Clerk's Summary Item CL#33.)

16. A-10 - PERMISSION FOR HUMAN SERVICES TO SUBMIT A GRANT APPLICATION FOR EMERGENCY CHILD ABUSE AND NEGLECT PREVENTION SERVICES FUNDS (Tape 2)

On motion of Supervisor Hyland, seconded by Supervisor Trapnell, and carried by a vote of seven, *Supervisor McConnell* being out of the room, Supervisor Alexander and Supervisor Hanley being absent, the Board concurred in the recommendation of staff and authorized Human Services to submit an application to the United States Department of Health and Human Services for Emergency Child Abuse and Neglect Prevention Service funds.

(NOTE: *Later in the meeting, Supervisor McConnell asked to be recorded as voting "AYE" on this item. See Clerk's Summary Item CL#33.)

17. A-11 - SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 95019 FOR FAIRFAX COUNTY CIRCUIT COURT AND RECORDS PRESERVATION PROGRAM GRANT (Tape 2)

(SAR) Following discussion, with input by John T. Frey, Clerk, Circuit Court and Records, Supervisor Hyland moved that the Board concur in the recommendation of staff and approve the Supplemental Appropriation Resolution (SAR) AS 95019 totalling $117,091 including funding from the State of $82,000 and a local cash match of $35,091 for the first year of the grant, from June 15, 1994 through June 14, 1995. This motion was seconded by Supervisor Trapnell and carried by a vote of seven, *Supervisor McConnell* being out of the room, Supervisor Alexander and Supervisor Hanley being absent

Supervisor Dix asked unanimous consent that the Board direct staff to forward a copy of the Board's action to the Northern Virginia Association of Realtors so that they will be aware that steps are being taken to try to ensure that this ongoing difficulty is being addressed in a proactive way. Without objection, it was so ordered.

Chairman Davis suggested that the titles companies should be added to the list.

(NOTE: *Later in the meeting, Supervisor McConnell asked to be recorded as voting "AYE" on this item. See Clerk's Summary Item CL#33.)

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18. C-1 - AUTHORIZATION TO NEGOTIATE UNDER THE PRIVATE DEVELOPER ASSISTANCE PROGRAM FOR OX MEADOW PROPERTIES, INCORPORATED (SULLY DISTRICT) (Tape 3)

The Board next considered an Item contained in the Memorandum to the Board dated July 18, 1994 requesting authorization to negotiate under the Private Developer Assistance Program at the request of Ox Meadow Properties, Incorporated for certain land rights on property identified as Tax Map Number 035-4-01-0001 owned by Albert W. and Hazel M. Loughrie.

Following discussion, Supervisor Frey moved that the Board grant authorization for staff to proceed to negotiate the acquisition of certain land rights involving sanitary sewer and temporary construction and grading easements for subject property on behalf of Ox Meadow Properties, Incorporated. This motion was seconded by Supervisor Dix and carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent.

19. I-1 - FAIRFAX COUNTY WINS FOURTEEN NATIONAL AWARDS (Tape 3)

The Board next considered an Information Item contained in the Memorandum to the Board dated July 18, 1994 announcing that Fairfax County won 14 1994 National Achievement Awards for innovative programs from the National Association of Counties (NACo).

20. I-2 - FAIRFAX COUNTY COMMISSION FOR WOMEN RECEIVES NATIONAL AWARD (Tape 3)

The Board next considered an Information Item contained in the Memorandum to the Board dated July 18, 1994 announcing that the Fairfax County Commission for Women was chosen by the National Association of Commissions for Women (NACW) to receive its Outstanding Achievement Award.

Chairman Davis congratulated the Commission for Women on receiving this prestigious award.

21. I-3 - REFUNDING OF ECONOMIC DEVELOPMENT AUTHORITY (EDA) RESOURCE RECOVERY BONDS (Tape 3)

The Board next considered an Information Item contained in the Memorandum to the Board dated July 18, 1994 requesting authorization for staff to:

The staff was directed administratively to proceed as proposed.

22. I-4 - RESTORATION OF MONETARY AWARD FOR FISCAL YEAR (FY) 1993 OUTSTANDING PERFORMANCE AWARD RECIPIENTS (Tape 3)

Supervisor Dix moved that the Board grant authorization for staff to:

This motion was seconded by Supervisor Hyland and carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent.

23. I-5 - DISPOSAL OF HAZARDOUS WASTE FROM CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS (COUNTYWIDE) (Tape 3)

The Board next considered an Information Item contained in the Memorandum to the Board dated July 18, 1994 requesting authorization for staff to implement the Conditionally Exempt Small Quantity Generator (CESQG) Program as outlined in the Memorandum to the Board.

Following a brief discussion, with input from John W. di Zerega, Director, Department of Public Works, the staff was directed administratively to proceed as proposed.

24. I-6 - AWARD OF CONTRACT - DENTAL INSURANCE FOR FAIRFAX COUNTY EMPLOYEES (Tape 3)

The Board next considered an Information Item contained in the Memorandum to the Board dated July 18, 1994 requesting authorization for staff to award a contract for dental insurance to Dental Benefit Providers, Incorporated.

The staff was directed administratively to proceed as proposed.

25. I-7 - CONTRACT AWARD - ACCOTINK PUMPING STATION ODOR CONTROL MODIFICATIONS (MOUNT VERNON DISTRICT) (Tape 3)

The Board next considered an Information Item contained in the Memorandum to the Board dated July 18, 1994 requesting authorization for staff to award a contract to Welch and Rushe, Incorporated in the amount of $176,370 for construction of Accotink Pumping Station Odor Control Modifications, Project I00351, Pump Station Renovations, in Subfund 524, Sewer Bond Extension and Improvement.

The staff was directed administratively to proceed as proposed.

26. I-8 - APPROVAL OF AN ORDER ALTERING CERTIFICATE RB-712, A CONDEMNATION OF LAND RIGHTS NECESSARY FOR CONSTRUCTION OF THE ROUTE 123 TO HOOES ROAD/POHICK ROAD SEGMENT OF THE FAIRFAX COUNTY PARKWAY (SPRINGFIELD DISTRICT) (Tape 3)

The Board next considered an Information Item contained in the Memorandum to the Board dated July 18, 1994 requesting authorization for the County Attorney's office to proceed with the Order altering Certificate RB-712, a condemnation of land rights necessary for construction of Route 123 to Hooes Road/Pohick Road segment of the Fairfax County Parkway.

The staff was directed administratively to proceed as proposed.

27. I-9 - CONTRACT AWARD - STRATFORD LANDING ELEMENTARY SCHOOL SIDEWALK (MOUNT VERNON DISTRICT) (Tape 3)

The Board next considered an Information Item contained in the Memorandum to the Board dated July 18, 1994 requesting authorization for staff to award a contract to Hercules Construction Corporation in the amount of $92,932 for construction of the Stratford Landing Elementary School Sidewalk, Project K00440, in Subfund 467, Sidewalk Construction.

The staff was directed administratively to proceed as proposed.

28. I-10 - CONTRACT AWARD - ELECTRIC AVENUE STORM DRAINAGE IMPROVEMENTS (PROVIDENCE DISTRICT) (Tape 3)

The Board next considered an Information Item contained in the Memorandum to the Board dated July 18, 1994 requesting authorization for staff to award a contract to William B. Hopke Company, Incorporated, in the amount of $355,110 for construction of Project DF0292, Electric Avenue Storm Drainage Improvements, in Subfund 490 Pro Rata Share Drainage Construction.

The staff was directed administratively to proceed as proposed.

29. I-11 - CONTRACT AWARD - STRUCTURAL REPAIR AND RENOVATION OF THE MANOR HOUSE AT GREEN SPRING GARDENS PARK (MASON DISTRICT) (Tape 3)

The Board next considered an Information Item contained in the Memorandum to the Board dated July 18, 1994 requesting authorization for staff to award a contract to Elrich Group General Contractors, Incorporated of Forestville, Maryland in the amount of $262,777 for the structural repair and renovation of the Manor House at Green Spring Gardens Park as part of Project 009412, Green Spring Gardens Manor House, Subfund 451, Park Authority Bond Construction.

The staff was directed administratively to proceed as proposed.

30. I-12 - CONTRACT AWARD - CONSTRUCTION OF MULTI-USE COURTS, SHUFFLEBOARD COURTS, HORSESHOE COURTS, VOLLEYBALL COURT, BALLFIELD RENOVATION, PICNIC AREA, TRAILS, AND LANDSCAPING AT HOLLIN HALL PARK (MOUNT VERNON DISTRICT) (Tape 3)

The Board next considered an Information Item contained in the Memorandum to the Board dated July 18, 1994 requesting authorization for staff to award a contract to Golden Construction Incorporated, in the amount of $220,802 for construction of multi-use courts, shuffleboard courts, horseshoe courts, volleyball court, ballfield renovation, picnic area, trails, and landscaping at Hollin Hall Park as part of Project 474188, Athletic Field Development and Project 475588, Community Park Development, Subfund 451, Park Authority Bond Construction.

The staff was directed administratively to proceed as proposed.

31. I-13 - CONTRACT AWARD - CONSTRUCTION OF SOCCER FIELD RENOVATION, TRAIL, STEPS, RAMP, MEMORIAL, LANDSCAPING, AND ONE YEAR MAINTENANCE AT LAKE BRADDOCK SCHOOL SITE (BRADDOCK DISTRICT) (Tape 3)

The Board next considered an Information Item contained in the Memorandum to the Board dated July 18, 1994 requesting authorization for staff to award a contract to Alter B. Stanley and Sons, Incorporated of Fairfax, Virginia in the amount of $62,995 for soccer field renovation, trail, steps, ramp, memorial, landscaping, and one year maintenance at Lake Braddock School Site as part of Project 474188, Athletic field Development, in Subfund 451, Park Authority Bond Construction.

The staff was directed administratively to proceed as proposed.

32. I-14 - AWARD OF CONTRACT FOR ENGINEERING SERVICES FOR THE RENOVATIONS OF CEDAR RIDGE APARTMENTS (HUNTER MILL DISTRICT) (Tape 3)

The Board next considered an Information Item contained in the Memorandum to the Board dated July 18, 1994 requesting authorization for staff to award a contract to Strickler Associates, in the amount of $54,5400 for rehabilitation of Cedar Ridge Apartments, Project 013914.

The staff was directed administratively to proceed as proposed.

33. REQUEST TO RECORD VOTE (Tape 3)

Supervisor McConnell asked unanimous consent to be recorded as voting "AYE" on Action Items A-8 through A-11. Without objection, it was so ordered.

BOARD MATTERS

34. CERTIFICATE OF APPRECIATION TO GAYL B. CARR (Tape 3)

Chairman Davis relinquished the Chair to Vice-Chairman McConnell and asked unanimous consent that the Board direct staff to prepare a Certificate of Appreciation for presentation to Gayl B. Carr, a recent appointee to the Juvenile and Domestic Relations Court, in recognition of her work in the County Attorney's Office, and as a means of expressing the Board's congratulations on her new appointment. Without objection, it was so ordered.

Vice-Chairman McConnell returned the gavel to Chairman Davis.

35. LETTER FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) REGARDING VIRGINIA CONNECTIONS (Tape 3)

Supervisor Dix referred to a recent letter from the Virginia Department of Transportation (VDOT) regarding Virginia Connections. He noted that five separate forums have been scheduled around the Commonwealth, with the one in Fairfax scheduled for Thursday, July 21, 1994.

Accordingly, Supervisor Dix asked unanimous consent that the Board direct staff to prepare, for presentation at this forum, appropriate comments which continue to reinforce the subject of the Fairfax County Parkway and the particular need to continue to be tenacious with regard to the funding of the northernmost section of the Parkway, especially from Baron Cameron Avenue to Route 7. Without objection, it was so ordered.

36. REQUEST FOR SIMULTANEOUS PROCESSING OF SITE PLAN FOR SPECIAL EXCEPTION APPLICATION SE 94-H-009 (EXXON CORPORATION) (Tape 3)

Supervisor Dix stated that Exxon Corporation has filed a Special Exception Application SE 94-H-009 to renovate an existing station located on the south side of Leesburg Pike near its intersection with Reston Avenue. The application is currently being reviewed by staff and has a scheduled public hearing before the Planning Commission on July 28, 1994.

Therefore, Supervisor Dix moved that the Board authorize simultaneous processing of the Site Plan to allow the Department of Environmental Management (DEM) to review the plans during the Special Exception process. This motion does not relieve the applicant from complying with the provisions of any applicable ordinances, regulations or adopted standards, and it does not prejudice the consideration of the Special Exception Application in any way. This motion was seconded by Chairman Davis and carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent.

37. INTENT TO DEFER PUBLIC HEARING ON PROFFERED CONDITION AMENDMENT APPLICATION PCA 87-C-060-3 (RICHMOND AMERICAN HOMES OF VIRGINIA, INCORPORATED) (Tape 3)

Supervisor Dix announced his intent to defer the public hearing on Proffered Condition Amendment Application PCA 87-C-060-3 (Richmond American Homes of Virginia, Incorporated) until July 25, 1994, at 4:30 p.m.

(NOTE: Later in the meeting, this public hearing was deferred. See Clerk's Summary Item CL#71.)

38. "NATIONAL CHARACTER COUNTS WEEK" (Tape 3)

Supervisor Dix called the Board's attention to a report circulated to Board Members regarding the efforts of the Character Counts Coalition and moved that the Board:

This motion was seconded by Supervisor McConnell and carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent.

39. CELEBRATION OF ONE YEAR ANNIVERSARY FOR THE BICYCLE HELMET LAW (Tape 3)

Supervisor Dix noted, for the record, that Fairfax County is now celebrating the one year anniversary of its bicycle helmet law. He expressed his appreciation to everyone who has been involved in raising the public awareness of this particular subject, and stated it is his hope to have some data to present to the Board in the near future regarding the impact of this law in the County in terms of reducing injuries.

40. COMMENTS REGARDING RICHARD A. KING, DEPUTY COUNTY EXECUTIVE FOR PUBLIC SAFETY (Tape 3)

Supervisor Dix called the Board's attention to a recent newspaper article with a reference to Richard A. King, Deputy County Executive for Public Safety. Supervisor Dix denounced the comments as inappropriate and unfortunate.

In addition, and on behalf of Colonel King and his family, Supervisor Dix expressed his regrets that such comments were produced and printed publicly for everyone to read. Supervisor Dix stated that Colonel King has served Fairfax County with distinction for over 30 years from the position of patrol officer, proceeding on to become Chief of Police, Deputy County Executive for Public Safety, and then to serve on an interim basis as the County Executive.

Supervisor Dix publicly acknowledged his appreciation for Colonel King's service to the citizens of this County.

Following discussion, Supervisor Hyland moved that the Board consider the adoption of a policy in connection with statements which are made concerning County employees and the process which should be followed with regard to these employees. This motion was seconded by Supervisor Bulova.

Chairman Davis relinquished the Chair to Acting-Chairman McConnell and asked that the motion be amended to include referral of this matter to the Personnel Subcommittee for its consideration and recommendation to the Board, and this was accepted.

Vice-Chairman McConnell returned the gavel to Chairman Davis.

Following additional discussion, which echoed the comments of Supervisor Dix, the question was called on the motion, as amended, which CARRIED by a recorded vote of seven, Supervisor Berger voting "NAY," Supervisor Alexander and Supervisor Hanley being absent.

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41. RESTORATION OF FREE "WEEKLY AGENDA" TO CITIZENS OF FAIRFAX COUNTY (Tape 4)

Supervisor Hyland noted that during the 1992 budget deliberations, the Board determined that the Weekly Agenda newsletter, previously mailed free of charge to any citizen who requested it, would now be available for home delivery only by paid subscription. An annual subscription fee of $12 was instituted in July 1993 to partially offset printing and mailing costs. Copies of the Agenda are also placed in County libraries and government centers where citizens can pick them up at no charge.

Therefore, Supervisor Hyland moved that the:

Chairman Davis suggested that this item be brought before the Board in the form of a Consideration Item and as part of the Carryover in September.

This motion died due to the lack of a second.

Therefore, Supervisor Hyland moved that the Board direct staff to report with a Consideration Item as part of the Carrryover in September. This motion was seconded by Chairman Davis and carried by a vote of seven, Supervisor Trapnell being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

42. REQUEST RECOGNITION OF FIRST UNION BANK VOLUNTEERS (Tape 4)

Supervisor Hyland stated that he has recently been informed of the success of a public-private partnership between the Hollin Hall Senior Center and the First Union Bank which donated five computer terminals, color monitors and printers with software provided by the Department of Recreation and Community Services. Five additional terminals have been donated to other centers throughout the County.

In addition to providing the equipment, First Union Bank staff have voluntarily offered to teach computer basics to the seniors. Therefore, Supervisor Hyland moved that the Board direct staff to invite the volunteers of the First Union Bank to appear before the Board to be recognized for their efforts on behalf of the seniors who will be learning computer skills they might not have otherwise learned. This motion was seconded by Supervisor Bulova and carried by a vote of seven, Supervisor Trapnell being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

43. SUPREME COURT OF THE UNITED STATES DECISION ON RESOURCE RECOVERY INCINERATORS (Tape 4)

Supervisor Hyland said that on May 2, 1994 the Supreme Court of the United States decided, in the case entitled The City of Chicago, et al. versus the Environmental Defense Fund (EDF) et al., that ash generated from municipal solid waste combustors may be hazardous as defined under the Solid Waste Disposal Act (RCRA).

Supervisor Hyland stated that he had received a copy of a letter addressed to the Chairman of the Board, from Dr. John DeNoyer, Chairman of the Environmental Quality Advisory Council (EQAC), requesting Fairfax County to routinely perform the Toxicity Characteristic Leaching Procedure (TCLP) analysis on samples of its fly ash, bottom ash and commingled fly and bottom ash to determine, if in fact the ash exhibits toxic characteristics. EQAC is also requesting all jurisdictions who dispose their ash at the I-95 facility, to perform the same test.

Therefore, Supervisor Hyland asked unanimous consent that the Board:

Following a discussion with input from John W. di Zerega, Director, Department of Public Works, the request was so ordered.

Supervisor Hyland asked unanimous consent that the Board direct staff to report with the results of the testing of the ash and update the Board with EPA protocols that have been put in place or are being proposed. Without objection, it was so ordered.

44. REQUEST TO AUTHORIZE OUT-OF-TURN PLAN AMENDMENT FOR GUNSTON PLAZA (Tape 4)

Supervisor Hyland said that Special Exception Applications SE 94-V-030 and SE 94-V-031 and a Proffered Condition Amendment Application PCA 87-V-064-2 have been filed for the Gunston Plaza Shopping Center. These applications will facilitate the

addition of a new business with a drive-through facility in this shopping center. The Gunston Plaza Shopping Center is addressed in Sub-unit E-5 of the Lorton-South Route One area in the Comprehensive Plan.

In order to facilitate the economic viability of this shopping center, Supervisor Hyland moved that the Board authorize an Out-of-Turn Plan Amendment to consider amending the Plan for Sub-unit E-5 of the Lorton-South Route One area as it relates to overall intensity of development on the site and the text related to additional drive-through uses on this site. This motion was seconded by Supervisor Bulova and carried by a vote of six, Supervisor Frey and Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

45. LORTON COMMUTER RAIL STATION (Tape 4)

Supervisor Hyland said that staff has been working with the Richmond, Fredericksburg and Potomac (RF&P) Corporation to open the Lorton Commuter Rail Station by November 5, 1994 as previously directed by the Board. In order to accomplish this the Board will consider an Out-of-Turn Plan Amendment nomination this afternoon and a Proffered Condition Amendment Application on July 25, 1994. In addition, RF&P has submitted a Site Plan for the station parking lot and an access road. This road, Potomac Bend Boulevard is located adjacent to a residential subdivision and typically a road connection would be provided. However, in this instance the residents of the Wildwood Subdivision are opposed to the construction of a connection between Midway Place and Potomac Bend Boulevard.

Therefore, Supervisor Hyland moved that Board authorize the Director of the Department of Environmental Management (DEM) to waive the review fees associated with RF&P's subdivision of a waiver request for the construction of a street segment to connect Midway Place in the Wildwood Subdivision to Potomac Bend Boulevard. This motion was seconded by Supervisor McConnell and carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent.

46. DEFERRAL OF THE PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 112 (ZONING ORDINANCE) SECTION 2-502 (Tape 4)

Supervisor Hyland said that the Fairfax County Federation of Citizens Association has requested the Board to defer action on the proposed amendment to the Code of the County of Fairfax, Chapter 112 (Zoning Ordinance) Section 2-502 to allow the Federation an opportunity to receive input from their member association.

In view of the summer recess, Supervisor Hyland moved that the Board:

This motion was seconded by Supervisor Bulova.

Following discussion, Supervisor Dix asked that the motion be amended to direct staff to advise the respective District Councils of this action, and this was accepted.

The question was called on the motion, as amended, which carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent.

47. ROBERT R. SPILLANE, DIVISION SUPERINTENDENT, SCHOOL ADMINISTRATION PROPOSES A 12 PERCENT INCREASE IN FUNDING FOR THE SCHOOL TRANSFER (Tape 4)

Supervisor Hyland said that he has reviewed a July 8, 1994 letter to the County Executive from Robert R. Spillane, Division Superintendent, School Administration, which includes a reference to financial forecasts. He noted that there was a reference to a transfer request for next year which is projected to be a 12 percent increase on the School side of the budget.

Supervisor Hyland asked unanimous consent that the Board direct the County Executive to:

Without objection, it was so ordered.

48. REQUEST FOR WAIVER OF FEES FOR BUILDING PERMITS FOR THE SOUTHWEST YOUTH ASSOCIATION'S FUNDRAISER FOR ADAM TURNER (Tape 4)

Supervisor Frey announced that the Southwest Youth Association will be holding a concert and raffle as a fundraiser for Adam Turner, who has leukemia and is seeking a bone marrow transplant. He said that they will need building permits. Therefore, Supervisor Frey moved that the Board waive any and all Department of Environmental Management (DEM) fees associated with the fundraiser. This motion was seconded by Chairman Davis and carried by a vote of seven, Supervisor Hyland being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

49. REQUEST FOR $25,000 DONATION FOR THE CREATION OF A MEMORIAL TO MISS JENNIE DEAN AND THE MANASSAS INDUSTRIAL SCHOOL (Tape 4)

Supervisor Frey distributed to Board Members a letter that he had received from Ulysses "Xerk" White, Chairman, Local Government Committee, The Manassas Museum Associates, soliciting funding to create a memorial to Miss Jennie Dean and the Manassas Industrial School. He said that the efforts of Miss Dean, a former slave, provided thousands of African-Americans with an education.

Supervisor Frey asked unanimous consent that the Board direct staff to report with a Consideration Item for Board discussion regarding a $25,000 contribution to the project. Without objection, it was so ordered.

50. REQUEST FOR CONCURRENT PROCESSING OF THE SITE PLAN AND SPECIAL EXCEPTION APPLICATION FOR THE 4501 DALY LIMITED PARTNERSHIP (Tape 4)

Supervisor Frey asked unanimous consent that the Board direct the Director of the Department of Environmental Management (DEM) to concurrently process the Site Plan and Special Exception Application for the 4501 Daly Limited Partnership. Without objection, it was so ordered.

51. REQUEST FOR EXTENSION OF SEWER REGARDING THE GEORGE DJABOURY PROPERTY (Tape 4)

Supervisor Frey said that he has received a request from a property owner for an extension of sewer by the County to correct a severe health hazard due to a total failure of a septic system wherein the County Health Department recommends immediate connection to the sanitary sewer system. The property is located on Oxon Road at Tax Map Reference 35-4-001-31A and is across the street from the County sewer. He added that staff has advised that potential future development in this area would require a sewer line to be installed along the front of the subject property.

Therefore, Supervisor Frey moved that the Board direct staff to:

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

52. COMMENDATION FOR ROBIN MCCLARY, CASE MANAGER, MENTAL RETARDATION SERVICES (Tape 4)

Supervisor Frey announced that Robin McClary, Case Manager, Mental Retardation Services, was recently faced with the challenging task of locating a residential placement for a person totally new to the system. On very short notice to her, this person became homeless. Ms. McClary has worked closely with this person's employer, a family member, and her supervisor.

Supervisor Frey said that Ms. McClary has been able to avoid placing this person in a homeless shelter and is now close to obtaining an apartment for him with residential support in an area familiar to him.

Supervisor Frey asked unanimous consent that the Board direct the County Executive to ensure that Ms. McClary is commended for her hard work and efforts. Without objection, it was so ordered.

Supervisor Frey asked unanimous consent that the Board direct Verdia L. Haywood, Deputy County Executive for Human Services, to provide whatever assistance possible to resolve this situation. Without objection, it was so ordered.

53. RESIDENTS OF COURTLAND PARK REQUEST A WAIVER OF THE FILING FEE FOR A RESIDENTIAL PERMIT PARKING DISTRICT (RPPD) ON WASHINGTON DRIVE (Tape 4)

Supervisor Trapnell stated that the residents of Courtland Park have submitted an application for a Residential Permit Parking District (RPPD) on Washington Drive.

Supervisor Trapnell moved that the Board waive the $10 filing fee and the 100 on-street parking spaces requirement for the establishment of an RPPD for the residents of Washington Drive from Tyler Street to Maple Court. This motion was seconded by Chairman Davis and carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent.

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54. EXPANSION OF THE ROBINSON RESIDENTIAL PERMIT PARKING DISTRICT (RPPD) AND EXPEDITED PROCESSING AND WAIVER OF THE MINIMUM STANDARDS FOR PARKING SPACES AND WAIVER OF THE FEES (Tape 5)

Supervisor Bulova stated that student parking on residential streets around Robinson High School continues to be a serious problem. Enforcement of parking violations by the West Springfield District Police has been vigorous, and while they are to be commended for their efforts, expansion of the Robinson Residential Permit Parking District (RPPD) is the best solution.

Supervisor Bulova forwarded the petition for the expansion of the RPPD to the Office of Transportation. She added that this petition requests relief on Pumphrey Court. To proceed with the request, the Office of Transportation needs Board approval of the waiver of the minimum parking space standard.

Therefore, Supervisor Bulova moved that the Board direct staff to:

This motion was seconded by Chairman Davis and carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent.

55. GIFTS FOR PRESENTATION TO RUSSIAN OFFICIALS DURING SUPERVISOR BULOVA'S TRIP TO MOSCOW (Tape 5)

Supervisor Bulova stated that she will be traveling to Moscow, Russia next month at her own expense to meet with the County's Russian partners regarding current and future plans for the Fairfax Corner in Moscow program. She asked unanimous consent that the Board authorize the presentation of token gifts (e.g. lapel pins) to Moscow officials. Without objection, it was so ordered. Chairman Davis stated his belief that such gifts should be standard protocol.

56. DISPLAY OF INFORMATION REGARDING SISTER CITY RELATIONSHIPS (Tape 5)

Supervisor Bulova noted that the County has received a number of gifts from the Moscow partners in the Fairfax Corner in Moscow program and that the County has a sister city relationship in France and a potential sister city relationship in China. Therefore, she moved that the Board direct staff to explore how to display information about the County's sister city relationships. These sister city relationships say something about Fairfax County - that it is an international player. She suggested possible locations such as the Government Center and/or Dulles Airport in conjunction with Economic Development Authority (EDA) programs. This motion was seconded by Supervisor Trapnell and carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent.

57. GRAFFITI ON THE FAIRFAX COUNTY PARKWAY (Tape 5)

Supervisor McConnell raised the issue of the proliferation of graffiti on the Fairfax County Parkway. She stated that the problem has become serious with bridges, retaining walls, jersey walls, and even road surfaces as targets with ethnic and racial overtones and foul language. Because this section of the Parkway is still under contract, Supervisor McConnell moved that the Board direct staff to:

This motion was seconded by Chairman Davis and carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent.

58. PUBLIC USE OF GOVERNMENT CENTER FOR SPECIAL EVENTS (Tape 5)

Supervisor McConnell stated that recently a constituent had inquired of County staff regarding a wedding ceremony in the forum of the Government Center and was told that reservations could not be made more than six months in advance. She stated that the staff of the Department of General Services, Facilities Management Division (FMD), had indicated that this policy could not be changed or broken. Citing a need for flexibility in planning for such events as weddings, Supervisor McConnell moved that if this reservation policy was adopted by the Board that the Board change the six-month's reservation requirement to 12 months, and that if this is a policy of FMD, that the Board direct staff to change the reservation policy from six to 12 months, effective immediately. The second to this motion was inaudible.

Following discussion, the question was called on the motion which carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent.

59. LIBRARY BOARD SCHOOL REPRESENTATIVE SEAT (Tape 5)

(BACs)

Supervisor McConnell said that recently it became known that the term of Linda Hunt, School Board Representative, Library Board, has expired. She added that an opinion from David P. Bobzien, County Attorney, stated that it was legal for Ms. Hunt to continue to serve on the Library Board until she is either reappointed or replaced.

Supervisor McConnell said that at the Board of Supervisors' meeting held on June 27, 1994, the Board requested that the School Board nominate a representative to the Library Board for the Board of Supervisors' confirmation at the Board meeting scheduled for today. In a July 5, 1994 letter to Chairman Thomas M. Davis, III, Gary Jones, Chairman, School Board, stated that after consultation with their legal counsel, it was the opinion of the School Board that they do not have the authority to appoint anyone to the Library Board. The letter went on to say, "In view of the enabling statute (Code of Virginia, Section 42.1-35), the School Board must respectfully decline to make any recommendation for membership on the Library Board." This position was reaffirmed by the School Board at their July 14, 1994 meeting.

On the recommendation of the School Board, Supervisor McConnell moved to abolish the position currently designated for the School Board. This motion was seconded by Supervisor Berger.

Supervisor Bulova stated that she had a letter from Supervisor Hanley, who was absent from today's meeting because she is in Israel, in which she requested that because there would not be a full Board present at today's meeting, that the Board defer any appointments regarding size and membership of County Boards and Commissions until all Members could be present. Therefore, Supervisor Bulova moved to table this issue until the meeting scheduled for July 25, 1994. This motion was seconded by Supervisor Hyland and FAILED by a recorded vote of five, Supervisor Bulova, Supervisor Hyland, and Chairman Davis voting "AYE," Supervisor Alexander and Supervisor Hanley being absent.

Supervisor Bulova moved a substitute motion that the Board leave vacant the School Board seat on the Library Board pending a nomination from the School Board. This motion was seconded by Supervisor Hyland. Following discussion, with input from David P. Bobzien, County Attorney, Supervisor Bulova withdrew this substitute motion.

Supervisor Bulova moved another substitute motion to develop a working group between the Board of Supervisors, the School Board, each Board's respective attorneys, and appropriate staff and return to this issue at the next Board meeting scheduled for July 25, 1994 when a full Board will be present. This motion was seconded by Supervisor Hyland.

Following further discussion, Supervisor Trapnell moved to call the question. However, before the vote, Supervisor Trapnell withdrew this motion.

Following further discussion, Supervisor Berger moved a substitute motion that the Board:

Chairman Davis stated that the Board would vote on these issues on a seriatim basis.

Supervisor Bulova reminded the Board that she had a substitute motion pending before the Board regarding the development of a working group regarding this issue. Chairman Davis ruled that he would call the question on Supervisor Bulova's motion. The question was called on the motion to develop a working group which FAILED by a recorded vote of five, Supervisor Bulova, Supervisor Hyland, and Chairman Davis voting "AYE," Supervisor Alexander and Supervisor Hanley being absent.

Following further discussion, Supervisor Berger's substitute motion was accepted as part of the main motion (Supervisor McConnell's) to abolish the position designated for the School Board. The question was called on the main motion which CARRIED by a recorded vote of seven, Supervisor Hyland voting "NAY," Supervisor Alexander and Supervisor Hanley being absent.

Supervisor Bulova stated, for the record, that she had understood that there would be a seriatim vote and she clarified that she was voting "NAY" to abolish the School Board position on the Library Board and "AYE" to the opportunity to reconstitute this position at a later date. Supervisor Hyland stated for the record that he had voted against the motion because of the abolition of the position, yet he was in favor of the second part of the motion regarding reconstituting the position.

Supervisor Bulova stated, for the record, her objection to the fact that the question was not called seriatim. Therefore, Chairman Davis called for the seriatim vote. The question was called on the abolishment of the School Board position on the Library Board which CARRIED by a recorded vote of six, Supervisor Bulova and Supervisor Hyland voting "NAY," Supervisor Alexander and Supervisor Hanley being absent.

The question was called on the opportunity for the School Board to request the reconstitution of the School Board position on the Library Board which carried by unanimous vote.

Supervisor Dix moved that the Board authorize an ex-officio non-voting position on the Library Board to be recommended by the School Board. This motion was seconded by Supervisor Hyland for purposes of discussion. Following discussion, with input from Mr. Bobzien, the question was called on the motion which FAILED by a recorded vote of seven, Supervisor Dix voting "AYE," Supervisor Alexander and Supervisor Hanley being absent.

60. BUSINESS FORUM REGARDING COUNTY PROCUREMENT POLICIES

(Tape 5)

Supervisor McConnell stated that, in talking with business officials, she has discovered that a number of local businesses refuse to bid on contracts with the County. She stated her belief that the Board needs to nurture local businesses. Accordingly, she moved that the Board direct staff to schedule in the fall a business forum to be attended by the Board and any interested businesses to:

This motion was seconded by Supervisor Dix.

Following discussion and a suggestion by Chairman Davis, Supervisor Hyland moved that the Board empower the Board's Economic Advisory Committee to hold a hearing on this issue. Following discussion, this motion died for lack of a second.

Following further discussion, Chairman Davis suggested that the businesses use the Business Comment Public Hearing ("open mike") scheduled for September 26, 1994 for discussion of procurement issues.

Accordingly, Supervisor Bulova moved a substitute motion that the Board designate the next Business Comment Public Hearing as an opportunity for contractors to speak for three minutes each and direct the appropriate staff to attend to answer questions. This motion died for lack of a second.

Following further discussion, Supervisor Dix moved a substitute motion that the Board:

This motion was seconded by Supervisor Bulova. Following an objection from Supervisor McConnell, Supervisor Dix withdrew his motion until later in the meeting.

(NOTE: Later in the meeting, there was no action on this matter.)

61. SIMULTANEOUS SUBMISSION AND PROCESSING OF PLATS AND PLANS FOR REZONING APPLICATION RZ 93-D-035, ZIMMERMAN DEVELOPMENT (Tape 5)

Supervisor Berger stated that at its June 27, 1994 meeting, the Board approved Rezoning Application RZ 93-D-035, Zimmerman Development, for PDH-4 development subject to numerous proffers. A major transportation proffer was the improvement of the signalized intersection of Kirby Road and Westmoreland Street. The application, development plan, and transportation improvements were the subject of scrutiny by the staff of Fairfax County and the Virginia Department of Transportation (VDOT). He said that it is imperative that the design, review, and approval of this intersection and the attendant road improvements be expedited such that improvements can commence as soon as possible.

Therefore, Supervisor Berger moved that the Board approve simultaneous submission and processing of plats and plans for the subject development. He asserted that it is understood by the developer that this manner of submission is at the risk of the developer and in no way relieves the developer from compliance with the Code of the County of Fairfax and proffers. This motion was seconded by Supervisor Bulova and CARRIED by a recorded vote of six, Chairman Davis abstaining, Supervisor Trapnell being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

62. DECLARATION OF PROPERTY FOR PUBLIC STREET PURPOSES (Tape 5)

(R) Supervisor Berger moved adoption of a Resolution which he had distributed to the Board regarding the declaration of 1,753 square feet of property identified as Fairfax County Tax Map Number 19-4 ((21)) Outlot A1 for public street purposes. This motion was seconded by Supervisor Hyland. Following discussion, with input from David P. Bobzien, County Attorney, the question was called on the motion which carried by a recorded vote of six, Supervisor Bulova abstaining, Supervisor McConnell being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

63. WAIVER OF TENT INSPECTION FEE FOR MCLEAN WINE FESTIVAL (Tape 5)

Supervisor Berger announced that on September 10 and 11, 1994, he will be hosting the Second Annual McLean Wine Festival to benefit the Hospice of Northern Virginia. He moved that the Board direct staff to waive the $88.50 tent inspection fee. This motion was seconded by Supervisor Trapnell and CARRIED by a recorded vote of seven, Supervisor McConnell being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

64. RECESS/EXECUTIVE SESSION (Tape 5)

At 1:35 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:

Supervisor Frey asked to amend the motion to add discussion of an issue regarding the deed of the property being transferred to the Centreville Volunteer Fire Department, and this was accepted.

This motion, as amended, was seconded by Chairman Davis and carried by a vote of seven, Supervisor McConnell being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

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At 4:05 p.m., the Board reconvened in the Board Auditorium with all Board Members being present, with the exception of Supervisor Alexander, Supervisor Hanley, and Supervisor McConnell, and with Chairman Davis presiding.

ACTIONS FROM EXECUTIVE SESSION

65. 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 a vote of seven, Supervisor McConnell being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

66. SETTLEMENT OF THE BOEING COMPANY VERSUS BOARD OF SUPERVISORS OF FAIRFAX COUNTY, AT LAW NUMBERS 125575 AND 128880 (Tape 6)

Supervisor Dix moved that the Board of Supervisors authorize the settlement of The Boeing Company versus Board of Supervisors of Fairfax County, At Law Numbers 125575 and 128880, as recommended by the County Attorney in Executive Session. This motion was seconded by Supervisor Berger and carried by a vote of seven, Supervisor McConnell being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

67. RESOLUTION TO CHANGE THE DEED TO CENTREVILLE VOLUNTEER FIRE DEPARTMENT, INCORPORATED (Tape 6)

(R) Supervisor Frey moved approval of the Resolution to change the deed, by removing the reverter clause, on the property conveyed to the Centreville Volunteer Fire Department. This motion was seconded by Supervisor Hyland and carried by a vote of seven, Supervisor McConnell being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

68. J. C. PENNEY COMPANY, INCORPORATED, ET AL. VERSUS BOARD OF SUPERVISOR, ET AL., AT LAW NUMBER 111399 (Tape 6)

Supervisor Hyland moved that the Board of Supervisors authorize the withdrawal of the Notice of Appeal filed in J.C. Penney Company, Incorporated, et al. versus Board of Supervisors, et al., At Law Number 111399 as recommended by the County Attorney in Executive Session. This motion was seconded by Supervisor Berger and carried by a vote of seven, Supervisor McConnell being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

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69. 3:30 P.M. - PH ON REZONING APPLICATION RZ 93-Y-040 (RICHARD C. WALSH, D.V.M. ) ( SULLY DISTRICT) (Tape 7)

Supervisor Frey moved to defer the public hearing on Rezoning Application RZ 93-Y-040 until October 10, 1994 at 3:30 p.m. This motion was seconded by Supervisor Hyland and carried by a vote of seven, Supervisor McConnell being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

Supervisor Frey moved that the Board direct the Director of the Department of Environmental Management (DEM) to accept the processing of the Site Plans and the Building Plans concurrently. This motion was seconded by Chairman Davis and carried by a vote of seven, Supervisor McConnell being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

70. 3:30 P.M. - PH ON PROFFERED CONDITION AMENDMENT APPLICATION PCA 88-S-056 (HADDON GROUP) (SULLY DISTRICT) (Tape 7)

Mr. Keith C. Martin reaffirmed the validity of the affidavit for the record.

Mr. Martin 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 Frey 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, Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

Supervisor Frey moved approval of Proffered Condition Amendment Application PCA 88-S-056 subject to the executed proffers dated June 30, 1994. This motion was seconded by Vice-Chairman McConnell and carried by a vote of seven, Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

71. 3:30 P.M. - PH ON PROFFERED CONDITION AMENDMENT APPLICATION PCA 87-C-060-3 (RICHMOND AMERICAN HOMES OF VIRGINIA, INCORPORATED) (HUNTER MILL DISTRICT) (Tape 7)

(NOTE: Earlier in the meeting, during Board Matters, Supervisor Dix announced his intent to defer this public hearing. See Clerk's Summary Item CL#37.)

Supervisor Dix moved to defer the public hearing on Proffered Condition Amendment Application PCA 87-C-060-3 until July 25, 1994 at 4:30 p.m. This motion was seconded by Supervisor Hyland and carried by a vote of seven, Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

72. 3:30 P.M. - PH ON SPECIAL EXCEPTION APPLICATION SE 94-L-001 (CHEVY CHASE SAVINGS BANK, F.S.B.) (LEE DISTRICT) (Tape 7)

Supervisor Hyland, on behalf of Supervisor Alexander, moved to defer the public hearing on Special Exception Application SE 94-L-001 until July 25, 1994 at 4:30 p.m. This motion was seconded by Supervisor Berger and carried by a vote of six, Supervisor Dix and Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

73. 3:30 P.M. - PH ON SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 82-L-017 (JANJER ENTERPRISES, INCORPORATED) (LEE DISTRICT) (Tape 7)

Ms. Melanie M. Reilly reaffirmed the validity of the affidavit for the record.

Ms. Reilly 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 Hyland moved to waive the reading of the staff and Planning Commission recommendations. This motion was seconded by Vice-Chairman McConnell and carried by a vote of six, Supervisor Dix and Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

Supervisor Hyland, on behalf of Supervisor Alexander, moved:

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

ADDITIONAL BOARD MATTER

74. PRESENCE OF BOY SCOUT DAVID CHATMAN (Tape 7)

Supervisor Bulova introduced Boy Scout David Chatman to the Board Members and warmly welcomed him to the Board Auditorium.

75. 3:30 P.M. - PUBLIC HEARING ON OUT-OF-TURN PLAN AMENDMENT FOR S94-IV-MV2 FOR THE WOODLAWN HISTORIC DISTRICT (MOUNT VERNON DISTRICT) (Tape 7)

(A) A Certificate of Publication was filed from the Editor of the Fairfax Journal showing that a notice of said public hearing had been duly advertised in that Newspaper in the issues of July 1 and July 8, 1994.

Following the public hearing, which included testimony by one speaker, Supervisor Hyland moved approval of Out-of-Turn Plan Amendment S94-IV-MV2 as recommended by the Planning Commission. This motion was seconded by Supervisor Dix and carried by a vote of seven, Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

Supervisor Hyland moved that the Board direct staff to advertise the public hearing for Rezoning Application RZ 93-V-014 and Special Exception Application SE 93-V-028 for August 8, 1994 at 4:30 p.m. This motion was seconded by Supervisor Berger and carried by a vote of seven, Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

76. 3:30 P.M. - PH ON THE ACQUISITION OF CERTAIN DEDICATIONS AND EASEMENTS NECESSARY FOR THE CONSTRUCTION OF COUNTY ROAD BOND PROJECT - ROUTE 236/BEAUREGARD STREET (MASON DISTRICT) (Tape 7)

(R) 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 July 1 and July 8, 1994.

Following the public hearing, Supervisor Trapnell moved adoption of the Resolution authorizing the acquisition of the necessary property interests for the construction of County Road Bond Project 006497 - Route 236/Beauregard Street. This motion was seconded by Supervisor Berger and carried by a vote of seven, Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

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77. 4:00 P.M. - PH ON REZONING APPLICATION RZ 93-Y-005 (RANDOLPH WILLIAMS, INCORPORATED) (SULLY DISTRICT) (Tape 8)

Mr. Robert A. Lawrence reaffirmed the validity of the affidavit for the record.

Mr. Lawrence 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 five speakers, Cathy Chianese, Senior Staff Coordinator, Zoning Evaluation Division, Office of Comprehensive Planning, presented the staff and Planning Commission recommendations.

Supervisor Frey moved DENIAL of Rezoning Application RZ 93-Y-005 from the R-C, Airport Noise Impact Overlay District and Water Supply Protection Overlay District to the R-2, Airport Noise Impact Overlay District and Water Supply Protection Overlay District. This motion was seconded by Supervisor Bulova and carried by a vote of eight, Supervisor Alexander and Supervisor Hanley being absent.

78. 4:00 P.M. - PH ON PROFFERED CONDITION AMENDMENT APPLICATION PCA 84-M-004-2 (KARFAD ASSOCIATES) (MASON DISTRICT) (Tapes 8-9)

Mr. Richard A. Waterval reaffirmed the validity of the affidavit for the record.

Mr. Waterval 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 campaign contributions which he had received from:

Following the public hearing, Leslie Johnson, Senior Staff Coordinator, Zoning Evaluation Division, Office of Comprehensive Planning, presented the staff and Planning Commission recommendations.

Supervisor Trapnell moved:

This motion was seconded by Supervisor Hyland and CARRIED by a recorded vote of six, Chairman Davis abstaining, Supervisor McConnell being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

79. 4:00 P.M - PH ON SPECIAL EXCEPTION APPLICATION SE 94-V-028 (MARCO A. PEREZ) (MOUNT VERNON DISTRICT) (Tape 9)

Mr. Marco A Perez reaffirmed the validity of the affidavit for the record.

Mr. Perez 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.

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 McConnell being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

Supervisor Hyland moved:

This motion was seconded by Supervisor Dix and carried by a vote of seven, Supervisor McConnell being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

80. 4:00 P.M - PH ON SPECIAL EXCEPTION APPLICATION SE 93-Y-059 (EXXON CORPORATION) (SULLY DISTRICT) (Tape 9)

Mr. Jay du Von reaffirmed the validity of the affidavit for the record.

Mr. du Von 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, Diane Johnson-Quinn, Staff Coordinator, Zoning Evaluation Division, Office of Comprehensive Planning, presented the staff and Planning Commission recommendations.

Supervisor Frey moved approval of Special Exception Application SE 93-Y-059 subject to the development conditions dated May 17, 1994. This motion was seconded by Supervisor Bulova and carried by a vote of six, Supervisor McConnell and

Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

Supervisor Frey moved waiver of the service drive requirement. This motion was seconded by Supervisor Bulova and carried by a vote of six, Supervisor McConnell and Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

Supervisor Frey moved modification of the transitional screening requirement along the western property line to allow the screening as depicted on the Special Exception Plat. This motion was seconded jointly by Supervisor Bulova and Supervisor Hyland and carried by a vote of six, Supervisor McConnell and Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

81. 4:00 P.M - PH ON SPECIAL EXCEPTION APPLICATION SE 93-B-057 (BURKE AUTO CARE, INCORPORATED) (BRADDOCK DISTRICT) (Tape 9)

Mr. Keith C. Martin reaffirmed the validity of the affidavit for the record.

Mr. Martin 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, Leslie Johnson, Senior Staff Coordinator, Zoning Evaluation Division, Office of Comprehensive Planning, presented the staff and Planning Commission recommendations.

Supervisor Bulova moved approval of Special Exception Application SE 93-B-057 subject to the revised development conditions dated July 18, 1994. This motion was seconded by Supervisor Hyland and carried by a vote of six, Supervisor McConnell and Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

Supervisor Bulova moved that the Board of Supervisors approve a waiver of the transitional screening and barrier requirements along the northern property boundary and a modification of the transitional screening and waiver of the barrier requirement along the western property boundary to that shown on the Special Exception Plat. This motion was seconded by Supervisor Trapnell and carried by a vote of six, Supervisor McConnell and Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

Supervisor Bulova moved approval of a waiver of the requirement that no off-street parking in a Historic Overlay District be located in any minimum required front yard pursuant to Paragraph 4 of Section 7-206. This motion was seconded by Supervisor Hyland and carried by a vote of six, Supervisor McConnell and Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

Supervisor Bulova moved approval of a waiver of the service drive requirement along Route 123. This motion was seconded by Supervisor Trapnell and carried by a vote of six, Supervisor McConnell and Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

82. 4:00 P.M. - PH ON OUT-OF-TURN PLAN AMENDMENT S94-IV-LP1 FOR THE MODIFICATION OF THE PLAN TO INDICATE THE RELOCATION OF THE PROPOSED VIRGINIA RAILWAY EXPRESS (VRE) COMMUTER RAIL STATION FROM SOUTH OF LORTON ROAD (MOUNT VERNON DISTRICT) (Tape 9)

A Certificate of Publication was filed from the Editor of the Fairfax Journal showing that notice of said public hearings had been duly advertised in that Newspaper in the issues of July 1 and July 8, 1994.

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

Following discussion, with input from Mr. Tom Biesiadny, Office of Transportation, Supervisor Hyland moved approval of Out-of-Turn Plan Amendment S94-IV-LP1 as recommended by the Planning Commission and as contained in the staff report dated June 15, 1994. This motion was seconded by Supervisor Bulova and carried by a vote of six, Supervisor Dix and Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

83. 4:30 P.M - PH ON SPECIAL EXCEPTION APPLICATION SE 94-D-002 (BOARD OF SUPERVISORS' OWN MOTION) (DRANESVILLE DISTRICT) (Tape 9)

Mr. Jeffrey Kidwell reaffirmed the validity of the affidavit for the record.

Mr. Kidwell 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 two speakers, Cathy Chianese, Senior Staff Coordinator, Zoning Evaluation Division, Office of Comprehensive Planning, presented the staff and Planning Commission recommendations.

Supervisor Berger moved:

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

84. 4:30 P.M. - PH ON OUT-OF-TURN PLAN AMENDMENT FOR LAND UNIT B OF THE RESTON-HERNDON SUBURBAN CENTER S93-III-UP2 (HUNTER MILL DISTRICT) (Tape 9)

A Certificate of Publication was filed from the Editor of the Fairfax Journal showing that a notice of said public hearing had been duly advertised in that Newspaper in the issues of July 1 and July 8, 1994.

Following the public hearing, which included testimony by one speaker, Supervisor Dix moved approval of Out-of-Turn Plan Amendment S93-III-UP2 as recommended by the Planning Commission on July 14, 1994. This motion was seconded by Supervisor Hyland and carried by a vote of six, Supervisor Berger and Chairman Davis being out of the room, Supervisor Alexander and Supervisor Hanley being absent.

85. BOARD ADJOURNMENT (Tape 9)

At 6:15 p.m., the Board adjourned.