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The meeting was called to order at 10:20 a.m. with all Members being present, with the exception of Supervisor Trapnell, and with Chairman Davis presiding.

Supervisor Trapnell was absent from the entire meeting.

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. PROCLAMATION DESIGNATING DECEMBER 12, 1994 AS THOMAS M. DAVIS, III DAY IN FAIRFAX COUNTY (Tape 1)

Supervisor Dix read the Proclamation presented to Thomas M. Davis, III designating December 12, 1994 as "Thomas M. Davis, III Day" in Fairfax County and recognizing his 15 years of service to the citizens of Fairfax County as a Member of the Board of Supervisors.

3. CERTIFICATES OF RECOGNITION PRESENTED TO THE FIRE AND RESCUE DEPARTMENT'S SWIFT WATER RESCUE TEAM (Tape 1)

Supervisor Berger moved approval of the Certificates of Recognition presented to the Fire and Rescue Department's Swift Water Rescue Team. This motion was seconded by Supervisor Hyland and carried by a vote of nine, Supervisor Trapnell being absent.

4. CERTIFICATES OF RECOGNITION PRESENTED TO STUDENTS OF THE GEORGE MASON UNIVERSITY (GMU) "WITCH WATCH" PROGRAM (Tape 1)

Supervisor Bulova moved approval of the Certificates of Recognition presented to students of the George Mason University (GMU) "Witch Watch" Program. This motion was seconded by Supervisor Dix and carried by a vote of nine, Supervisor Trapnell being absent.

5. RESOLUTION TO ENDORSE THE GOALS OF THE WORLD SUMMIT FOR CHILDREN (Tape 1)

Supervisor Bulova moved approval of the Resolution presented to Michael F. Looney, World Summit for Children, endorsing the goals of the World Summit for Children. This motion was seconded by Supervisor Alexander and carried by a vote of nine, Supervisor Trapnell being absent.

BOARD MATTER

6. PRESENCE OF MEMBERS OF THE COMMISSION FOR WOMEN (Tape 1)

Chairman Davis introduced Emily McCoy, Chair of the Commission for Women, and Lee District Representative; Janet Arthur, Dranesville District Representative; Linda Hossenlopp, Springfield District Representative; and Mary Margaret Hammond, At-large Representative and warmly welcomed the members to the Board Auditorium.

7. 10:00 A.M. - BOARD DECISION ON PROPOSED AREA PLANS REVIEW (APR) ITEM 94-II-5V, IN THE VICINITY OF LEE HIGHWAY AND NUTLEY STREET (PROVIDENCE DISTRICT) (Tape 1)

[NOTE: The public hearing on Area Plans Review (APR) Item 94-II-5V was held on November 21, 1994, and Board decision deferred until December 12, 1994.]

Supervisor Hanley moved approval of Area Plans Review (APR) Item 94-II-5V to modify the Comprehensive Plan for mixed use development on the Hunters Branch property near the Vienna Metro Station to allow additional residential use up to 30 dwelling units per acre and to allow other uses, such as housing for the elderly care facilities, hotels/motels, health/recreation facilities and support retail. This motion was seconded by Supervisor Frey and carried by a vote of eight, Chairman Davis being out of the room, Supervisor Trapnell being absent.

8. 10:00 A.M. - BOARD DECISION ON PROPOSED AREA PLANS REVIEW (APR) ITEM 94-III-7BR, IN THE VICINITY OF ROUTE 28 AND ROUTE 50 (SULLY DISTRICT) (Tape 1)

[NOTE: The public hearing on Area Plans Review (APR) Item 94-III-7BR was held on November 21, 1994 and Board decision deferred until December 12, 1994.]

Supervisor Frey moved approval of Area Plans Review (APR) Item 94-III-7BR as recommended by the Planning Commission with the modifications outlined in the document distributed to Board Members entitled "Motions For Sully District Area Plans Review - Decision Items December 12, 1994," and on page 98 of the Comprehensive Plan for the Dulles Suburban Center, dated June, 1993, add a new section under Recommendation One, Dulles Suburban Center Lane Unit I, as follows:

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

9. 10:00 A.M. - BOARD DECISION ON PROPOSED AREA PLANS REVIEW (APR) ITEM 94-III-9BR, 13663 LEE HIGHWAY, NEAR PICKWICK ROAD (SULLY DISTRICT) (Tape 1)

[NOTE: The public hearing on Area Plans Review (APR) Item 94-III-9BR was held on November 21, 1994 and Board decision deferred until December 12, 1994.]

Supervisor Frey moved approval of Area Plans Review (APR) Item 94-III-9BR as recommended by the Planning Commission on October 5, 1994 with the addition of a new sentence to allow for modernization of the Veterinarian Clinic on the portion of the site now zoned C-1 under certain conditions:

This motion was seconded by Vice-Chairman McConnell and carried by a vote of seven, Supervisor Hyland and Chairman Davis being out of the room, Supervisor Trapnell being absent.

10. 10:00 A.M. - DEFERRAL OF BOARD DECISION ON PROPOSED AREA PLANS REVIEW (APR) ITEM 94-III-10BR, IN THE VICINITY OF WALNEY ROAD BETWEEN WESTFIELDS BOULEVARD AND POPLAR TREE ROAD (SULLY DISTRICT) (Tape 1)

[NOTE: The public hearing on Area Plans Review (APR) Item 94-III-10BR was held on November 21, 1994 and Board decision deferred until December 12, 1994.]

Supervisor Frey moved to defer Board decision on Area Plans Review (APR) Item 94-III-10BR with the understanding that this item will be returned to the Planning Commission and the Board of Supervisors for consideration concurrent with the review and consideration of revised Policy and Plan text for the Dulles Airport Noise Impact Area. This motion was seconded by Supervisor Bulova and carried by a vote of seven, Supervisor Hyland and Chairman Davis being out of the room, Supervisor Trapnell being absent.

11. 10:00 A.M. - BOARD DECISION ON PROPOSED AREA PLANS REVIEW (APR) ITEM 94-III-17BR, 12833 LEE JACKSON HIGHWAY, BETWEEN GRAYS POINTE ROAD AND MIDDLE RIDGE ROAD (SULLY DISTRICT) (Tapes 1-2)

[NOTE: The public hearing on Area Plans Review (APR) Item 94-III-17BR was held on November 21, 1994 and Board decision deferred until December 12, 1994.]

Supervisor Frey moved approval of Area Plans Review (APR) Item 94-III-17BR as recommended by the Planning Commission on October 5, 1994 with a modification to page 73 of the Area III volume of the Comprehensive Plan as amended under the heading "Land Use" for the Stringfellow Community Planning Sector (BR4), to add a new Recommendation Three as follows:

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

12. 10:00 A.M. - BOARD DECISION ON PROPOSED AREA PLANS REVIEW (APR) ITEM 94-II-2FC, IN THE VICINITY OF WEST OX ROAD AND BUTLER DRIVE (SULLY DISTRICT) (Tape 2)

[NOTE: The public hearing on Area Plans Review (APR) Item 94-II-2FC was held on November 21, 1994 and Board decision deferred until December 12, 1994.]

Supervisor Frey moved approval of APR Item 94-II-2FC as recommended by the Planning Commission on October 5, 1994. This motion was seconded by Supervisor Hyland and carried by a vote of seven, Supervisor Dix and Chairman Davis being out of the room, Supervisor Trapnell being absent.

13. 10:00 A.M. - BOARD DECISION ON PROPOSED AREA PLANS REVIEW (APR) ITEM 94-III-1UP, IN THE AREA NORTH OF SULLY SHOPPING CENTER AND EAST OF CENTREVILLE ROAD (SULLY DISTRICT) (Tape 2)

[NOTE: The public hearing on Area Plans Review (APR) Item 94-III-1UP was held on November 21, 1994 and Board decision deferred until December 12, 1994.]

Supervisor Frey moved approval of Area Plans Review (APR) Item 94-III-1UP as recommended by the Planning Commission on October 5, 1994 with the modification of text related to school site and active recreation facilities in the Ox Hill/Chantilly area as outlined in the document distributed to Board members entitled, "Motions For Sully District Area Plans Review - Decision Items December 12, 1994." This motion was seconded by Supervisor McConnell and carried by a vote of eight, Chairman Davis being out of the room, Supervisor Trapnell being absent.

14. 10:00 A.M. - BOARD DECISION ON PROPOSED AREA PLANS REVIEW (APR) ITEM 94-CW-14T, PROPOSED EXTENSION OF ROUTE 28 BYPASS (TRI-COUNTY PARKWAY) (SULLY DISTRICT) (Tape 2)

(NOTE: The public hearing on Area Plans Review (APR) Item 94-CW-14T was held on November 21, 1994 and Board decision deferred until December 12, 1994.)

Supervisor Frey moved approval of Area Plans Review (APR) Item 94-CW-14T as recommended by staff with the following modifications:

This motion was seconded by Supervisor Alexander and carried by a vote of nine, Supervisor Trapnell being absent.

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15. 10:30 A.M. - APPOINTMENTS TO CITIZEN BOARDS, AUTHORITIES, COMMISSIONS AND ADVISORY GROUPS (Tape 3)

(APPTS)

(BACs)

A. HEATH ONTHANK MEMORIAL AWARD SELECTION COMMITTEE

(NOTE: The appointment of the Providence District Representative to the A. Heath Onthank Memorial Award Selection Committee was deferred.)

ATHLETIC COUNCIL

Supervisor McConnell moved the reappointment of Mr. Stephen D. Halfhill as the Springfield District (Principal) Representative to the Athletic Council. This motion was seconded by Chairman Davis and carried by a vote of nine, Supervisor Trapnell being absent.

[NOTE: The appointment of the Springfield 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.)

COMMISSION FOR WOMEN

Supervisor Berger moved the appointment of Ms. Elizabeth Newman as the Dranesville District Representative to the Commission for Women. This motion was seconded by Chairman Davis and carried by a vote of nine, Supervisor Trapnell being absent.

COMMISSION ON AGING

Supervisor McConnell moved the reappointment of Mr. Virginio Cruz as the Springfield District Representative to the Commission on Aging. This motion was seconded by Supervisor Hyland and carried by a vote of nine, Supervisor Trapnell being absent.

COMMUNITY IMPROVEMENT COMMITTEE

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

FAIRFAX COUNTY AIRPORTS ADVISORY COMMITTEE

(NOTE: The appointment of the Sully District Representative to the Fairfax County Airports Advisory Committee was deferred.)

FAIRFAX COUNTY COMMISSION ON ORGAN AND TISSUE DONATION AND TRANSPLANTATION

(NOTE: The confirmations to the Fairfax County Commission on Organ and Tissue Donation and Transplantation were deferred.)

FAIRFAX/FALLS CHURCH COMMUNITY SERVICES BOARD

Supervisor Hyland moved the appointment of Mr. Vincent A. Keane to fill the unexpired term of Ms. Maxine Carpenter as the Mount Vernon District Representative to the Fairfax/Falls Church Community Services Board. This motion was seconded by Supervisor Dix and carried by a vote of nine, Supervisor Trapnell being absent.

(NOTE: Later during appointments, Chairman Davis announced that Ms. Naomi Zeavin was appointed as the At-Large Representatives to the Fairfax/Falls Church Community Services Board at the December 5, 1994 Board of Supervisors meeting, but that she is unable to accept that appointment. See below.)

HISTORY COMMISSION

Supervisor McConnell moved the reappointment of Ms. Suzanne Rehder as the At-Large (Citizen) Representative to the History Commission.

On behalf of Supervisor Trapnell, Chairman Davis, moved the appointment of Ms. Naomi Zeavin as an At-Large (Citizen) Representative to the History Commission. This motion was seconded by Supervisor Hyland.

Chairman Davis announced that at the December 5, 1994 Board of Supervisors meeting Ms. Zeavin was appointed as the At-Large Representative to the Fairfax/Falls Church Community Services Board, but that she later declined that appointment.

Following discussion, Supervisor McConnell asked unanimous consent that the appointment of the At-Large (Citizen) Representative to the History Commission be deferred. Without objection, it was so ordered.

HUMAN SERVICES COUNCIL

Supervisor McConnell asked unanimous consent that the appointment of the Springfield District Representatives to the Human Services Council be deferred until later in the day. Without objection, it was so ordered.

Supervisor Hyland informed the Board of the resignation of the Mount Vernon District Representative to the Human Services Council and moved the appointment of Ms. Sue Davis to fill the unexpired term of Ms. Beth Hopkins. This motion was seconded by Chairman Davis and carried by a vote of nine, Supervisor Trapnell being absent.

OVERSIGHT COMMITTEE ON DRINKING AND DRIVING

CONFIRMATION

Supervisor Dix moved that the Board confirm the following appointments to the Oversight Committee on Drinking and Driving:

This motion was seconded by Supervisor Hyland and carried by a vote of nine, Supervisor Trapnell being absent.

PARK AUTHORITY

Supervisor Hyland moved the reappointment of Mr. Gilbert S. McCutcheon as the Mount Vernon District Representative to the Park Authority. This motion was seconded by Supervisor Alexander and carried by a vote of nine, Supervisor Trapnell being absent.

PROJECT SELECTION COMMITTEE

Supervisor McConnell moved the appointment of Ms. Evelyn Thomaszewski as the Springfield District Representative to the Project Selection Committee. This motion was seconded by Chairman Davis and carried by a vote of nine, Supervisor Trapnell being absent.

[NOTE: The appointment of the Sully (Ordway Road Conservation Area) Representative to the Project Selection Committee was deferred.]

ROAD VIEWERS BOARD

Supervisor Dix moved the appointment of Dr. Thomas Wilkins as an At-Large Representative to the Road Viewers Board. This motion was seconded by Supervisor Hyland and carried by a vote of nine, Supervisor Trapnell being absent.

SMALL AND MINORITY BUSINESS ENTERPRISE PROGRAM ADVISORY COMMISSION

(NOTE: The appointment of the At-Large Representative to the Small and Minority Business Enterprise Program Advisory Commission was deferred.)

TOWING ADVISORY BOARD

Supervisor Frey moved the appointment of Mr. Bradley Flippin as an At-Large (Citizen) Representative to the Towing Advisory Board.

Supervisor Bulova stated her intent to appoint Mr. John Fee as an At-Large (Citizen) Representative to the Towing Advisory Board.

Supervisor McConnell moved the appointment of Mr. Mike Thompson as an At-Large (Citizen) Representative to the Towing Advisory Board.

Following further discussion, Chairman Davis relinquished the Chair to Vice-Chairman McConnell and asked unanimous consent that the appointments to the Towing Advisory Board be deferred and that the three nominations made today be shown on the list for Upcoming Appointments. Without objection, it was so ordered.

Vice-Chairman McConnell returned the gavel to Chairman Davis.

(NOTE: Later in the meeting, there were additional appointments to the Towing Advisory Board. See Clerk's Summary Item CL#69.)

TREE COMMISSION

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

AD-HOCS

CITIZENS ADVISORY COMMITTEE ON SOLID WASTE

[NOTE: The appointments of the Braddock (Alternate), the Sully (Alternate), and Springfield (Alternate) Representatives to the Citizens Advisory Committee on Solid Waste were deferred.]

TREE PRESERVATION TASK FORCE

CONFIRMATIONS:

Supervisor Dix moved that the Board confirm the following appointments to the Tree Preservation Task Force:

This motion was seconded by Supervisor Bulova and carried by a vote of nine, Supervisor Trapnell being absent.

SITE SELECTION TASK FORCE

CONFIRMATIONS:

Supervisor Dix moved that the Board confirm the following appointments to the Site Selection Task Force:

This motion was seconded by Supervisor Frey and carried by a vote of nine, Supervisor Trapnell being absent.

Supervisor Alexander moved the appointment of Mr. Stephen D. Stone as the Lee District Representative to the Site Selection Task Force. This motion was seconded by Chairman Davis and carried by a vote of nine, Supervisor Trapnell being absent.

Supervisor Alexander moved the appointment of Mr. Carl Sell as the Planning Commission Representative to the Site Selection Task Force. This motion was seconded by Supervisor Hyland and carried by a vote of nine, Supervisor Trapnell being absent.

Supervisor Frey moved the appointment of Mr. Dan Funkhauser as the Sully District Representative to the Site Selection Task Force. This motion was seconded by Supervisor Hyland and carried by a vote of nine, Supervisor Trapnell being absent.

Supervisor Hanley moved the appointment of Mr. Craig Sharon as the Providence District Representative to the Site Selection Task Force. This motion was seconded by Chairman Davis and carried by a vote of nine, Supervisor Trapnell being absent.

Supervisor Dix announced that the first meeting of the Site Selection Task Force would be held on Tuesday, December 13, 1994 at 7:30 p.m. in the Government Center, Conference Room One.

Supervisor Hanley asked unanimous consent that the Board direct staff to notify members just appointed to the Site Selection Task Force of the meeting. Without objection, it was so ordered.

(NOTE: Later in the meeting, additional appointments were made to the Site Selection Task Force. See Clerk's Board Summary Page 13 and Clerk's Summary Items CL#109 and CL#135.)

ADDITIONAL APPOINTMENTS

ARCHITECTURAL REVIEW BOARD

Chairman Davis informed Board Members that on September 26, 1994, the Board voted to add a seat to the Architectural Review Board. This seat became effective on December 5, 1994.

Therefore, Chairman Davis moved the appointment of Mr. Stephen Nagel to this new seat on the Architectural Review Board. This motion was seconded by Supervisor Hyland and carried by a vote of nine, Supervisor Trapnell being absent.

HUMAN RIGHTS COMMISSION

Supervisor Hyland stated that he had received the resignation of Ms. Alice Bagwell on the Human Rights Commission and moved the appointment of Mr. John Wasowicz to fill the unexpired term of Ms. Bagwell as an At-Large Representative. This motion was seconded by Chairman Davis and carried by a vote of nine, Supervisor Trapnell being absent.

SITE SELECTION TASK FORCE

(NOTE: Earlier in the meeting, there were other appointments to the Site Selection Task Force. See Clerk's Board Summary Page 12.)

CONFIRMATIONS:

Supervisor Dix moved that the Board confirm the following appointments to the Site Selection Task Force:

This motion was seconded by Supervisor Bulova and carried by a vote of nine, Supervisor Trapnell being absent.

NOTE: Later in the meeting there were additional appointments to the Site Selection Task Force. See Clerk's Summary Items CL#109 and CL#135.)

ENGINEERING STANDARDS REVIEW COMMITTEE

CONFIRMATION:

Chairman Davis moved that the Board confirm the following appointment to the Engineering Standards Review Committee:

This motion was seconded by Supervisor Dix and carried by a vote of nine, Supervisor Trapnell being absent.

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16. ORDERS OF THE DAY (Tape 4)

Chairman Davis announced that there would be a change in the Orders of the Day. The Board proceeded with:

Chairman Davis added that, following these items, the Board would proceed with the Matters presented by the County Executive.

17. PRESENTATION ON FAIRFAX COUNTY INVESTMENT POLICIES, INFORMATION ITEMS I-1 - GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD TO THE FAIRFAX COUNTY OFFICE OF MANAGEMENT AND BUDGET (OMB) AND I-7 - FISCAL YEAR (FY) 1994 COMPREHENSIVE ANNUAL FINANCIAL REPORT (Tape 4)

A presentation on Fairfax County Investment Policies was presented by James P. McDonald, Deputy County Executive for Management and Budget, and Jeanne M. Carr, Executive Director, Retirement Administration Agency.

The Board next considered Information Item I-1 - Government Finance Officers Association Award to the Fairfax County Office of Management and Budget (OMB) contained in the Memorandum to the Board dated December 12, 1994 announcing that the Government Finance Officers Association of the United States and Canada (GFOA) has awarded to Fairfax County's Office of Management and Budget (OMB) a Distinguished Budget Presentation Award, including "outstanding" recognition for the budget as a policy document, for its annual budget for the fiscal year beginning July 1, 1994.

The Board next considered Information Item I-7 - Fiscal Year (FY) 1994 Comprehensive Annual Financial Report contained in the Memorandum to the Board dated December 12, 1994 presenting the FY 1994 Comprehensive Annual Financial Report.

18. ADMINISTRATIVE ITEMS (Tape 4)

Supervisor Hyland moved approval of the Administrative Items. The second to this motion was inaudible.

Supervisor Frey asked that the motion be amended to pull and consider separately Administrative Item ADMIN 3 - Additional Time to Commence Construction For Special Exception Application SE 90-Y-043, Aubrey Limited Partnership and this was accepted.

Supervisor Dix asked that the motion be amended to pull and consider separately Administrative Item ADMIN 6 - Advertisement For a Public Hearing To Amend The Current Appropriation Level In The Fiscal Year (FY) 1995 Revised Budget Plan and this was accepted.

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

ADMIN 1 - STREETS INTO THE SECONDARY SYSTEM (LEE DISTRICT)

(R) Adopted the request that certain streets listed in the Memorandum to the Board dated December 12, 1994 be recommended for acceptance into the State Secondary System as follows:

Subdivision District Street

Cameron Villa Farms Lee Villa Street

(Note: Later in the meeting, there was additional discussion and action regarding this issue. See Clerk's Summary Item CL#21.)

ADMIN 2 - ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 87-P-022-2, BOARD'S OWN MOTION (PROVIDENCE DISTRICT)

(AT) Approved the request for 18 months of additional time to establish the use for Special Exception Amendment Application SEA 87-P-022-2 until August 3, 1996 pursuant to the provisions of Section 9-015 of the Zoning Ordinance.

ADMIN 3 - ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION APPLICATION SE 90-Y-043, AUBREY LIMITED PARTNERSHIP (SULLY DISTRICT)

(Note: Later in the meeting, action was taken regarding this item. See Clerk's Summary Item CL#19.)

ADMIN 4 - AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON A PROPOSAL TO VACATE A PORTION OF A SANITARY SEWER EASEMENT IN THE SPRINGVALE FOREST ESTATES SUBDIVISION (DRANESVILLE DISTRICT)

(A) Authorized the posting and advertisement of a public hearing to be held before the Board of Supervisors on January 23, 1995 at 3:30 p.m. regarding the intent to vacate a portion of a sanitary sewer easement in the Springvale Forest Estates Subdivision.

ADMIN 5 - AUTHORIZATION FOR PUBLIC NOTICE OF REVISIONS TO THE FAIRFAX COUNTY CITIZEN PARTICIPATION PLAN AND RELATED ACTIONS REQUIRED TO INITIATE THE CONSOLIDATED PLAN PROCESS (COUNTYWIDE)

Authorized the public notice of:

Board approval of these changes is scheduled for January 9, 1995.

ADMIN 6 - ADVERTISEMENT FOR A PUBLIC HEARING TO AMEND THE CURRENT APPROPRIATION LEVEL IN THE FISCAL YEAR (FY) 1995 REVISED BUDGET PLAN

(NOTE: Later in the meeting, action was taken on this item. See Clerk's Summary Items CL#20 and CL#22.)

19. ADMIN 3 - ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION APPLICATION SE 90-Y-043, AUBREY LIMITED PARTNERSHIP (SULLY DISTRICT) (Tape 4)

Supervisor Frey moved that the request for additional time to commence construction for Special Exception Application SE 90-Y-043, Aubrey Limited Partnership be deferred until January 9, 1995. This motion was seconded by Supervisor Hanley and carried by a vote of six, Supervisor Alexander, Supervisor McConnell, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

20. ADMIN 6 - ADVERTISEMENT FOR A PUBLIC HEARING TO AMEND THE CURRENT APPROPRIATION LEVEL IN THE FISCAL YEAR (FY) 1995 REVISED BUDGET PLAN (Tape 4)

(A) Authorized the advertisement of a public hearing to be held before the Board of Supervisors on January 9, 1995 at 10:00 a.m. to increase the Fiscal Year (FY) 1995 appropriation level. The advertisement encompasses both the County and the Schools' FY 1995 Midyear Reviews.

Supervisor Dix called the Board's attention to Administrative Item ADMIN 6 - Advertisement For a Public Hearing To Amend The Current Appropriation Level In The Fiscal Year (FY) 1995 Revised Budget Plan and asked unanimous consent that the Board direct staff to respond to the following issues regarding the Foster Child Care Program:

Without objection, it was so ordered.

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

Without objection, it was so ordered.

(NOTE: Later in the meeting, there was additional action on this item. See Clerk's Summary Item CL#22.)

21. ADMIN 1 - STREETS INTO THE SECONDARY SYSTEM (LEE DISTRICT) (Tape 4)

(Note: Earlier in the meeting, action was taken on this item. See Clerk's Summary Item CL#18.)

Supervisor Alexander called the Board's attention to Administrative Item ADMIN 1 - Streets Into the Secondary System (Lee District) and asked unanimous consent that the Board request the Virginia Department of Transportation (VDOT) to not accept Villa Street into the Secondary System until a no through street sign is installed. Without objection, it was so ordered.

22. ADMIN 6 - ADVERTISEMENT FOR A PUBLIC HEARING TO AMEND THE CURRENT APPROPRIATION LEVEL IN THE FISCAL YEAR (FY) 1995 REVISED BUDGET PLAN (Tape 4)

(NOTE: Earlier in the meeting, there was action on this item. See Clerk's Summary Item CL#20.)

Supervisor Berger asked unanimous consent that the Board direct staff to provide the total cost of the English as a Second Language Program (ESL). Without objection, it was so ordered.

Supervisor McConnell asked unanimous consent that the Board direct staff to consider providing translators for elderly people who come to this country and cannot speak the language. Without objection, it was so ordered.

This motion was seconded by Chairman Davis and carried by a vote of nine, Supervisor Trapnell being absent.

23. A-1 - AUTHORIZATION TO PAY FISCAL YEAR (FY) 1995 THIRD QUARTER WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (WMATA) BILLING (COUNTYWIDE) (Tape 4)

(R) On motion of Supervisor Alexander, seconded by Supervisor Hanley, 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 authorizing payment of the Fiscal Year (FY) 1995 Third Quarter Transit Operating and Capital Billing in the amount of $13,212,351.

24. A-2 - AUTHORIZATION TO MAKE COMMUTER RAIL PAYMENT; ENDORSEMENT OF CAO TASK FORCE'S COMMENTS REGARDING THE PRELIMINARY FISCAL YEAR (FY) 96 VRE BUDGET; AND REVIEW OF STATION ISSUES (BRADDOCK, LEE, MASON, MOUNT VERNON AND SPRINGFIELD DISTRICTS) (Tape 4)

On motion of Supervisor McConnell, seconded by Supervisor Bulova, and carried by a vote of nine, Supervisor Trapnell being absent, the Board concurred in the recommendation of staff and:

Supervisor Hyland asked that the motion be amended to direct staff to:

This motion was seconded by Supervisor Dix and carried by a vote of nine, Supervisor Trapnell being absent.

25. A-3 - VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) PROJECT FOR IMPROVEMENTS TO THE I-66/ROUTE 28 INTERCHANGE (SULLY DISTRICT) (Tapes 4-5)

Supervisor Frey moved that the Board concur in the recommendation of staff and endorse the Virginia Department of Transportation (VDOT) design plans for improvements to the I-66/Route 28 Interchange as presented at the September 22, 1994 public hearing, subject to the following:

Supervisor Frey asked to amend the motion to request VDOT to work with the County staff to ensure that sufficient time is allowed to complete archaeological studies, and this was accepted.

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

26. A-4 - APPROVAL OF A MEMORANDUM OF AGREEMENT BETWEEN FAIRFAX COUNTY AND THE CITY OF FAIRFAX FOR PAYMENT OF SERVICES ASSOCIATED WITH THE COMPREHENSIVE SERVICES ACT FOR AT-RISK YOUTH AND FAMILIES (Tape 5)

On motion of Supervisor McConnell, seconded by Supervisor Hanley, and carried by a vote of nine, Supervisor Trapnell being absent, the Board concurred in the recommendation of staff and approved the Memorandum of Agreement between Fairfax County and the City of Fairfax for services provided under the Comprehensive Services Act for At-Risk Youth and Families (CSA).

27. A-5 - APPROVAL OF A MEMORANDUM OF AGREEMENT BETWEEN FAIRFAX COUNTY AND THE CITY OF FALLS CHURCH FOR PAYMENT OF SERVICES ASSOCIATED WITH THE COMPREHENSIVE SERVICES ACT FOR AT-RISK YOUTH AND FAMILIES (Tape 5)

On motion of Supervisor Hanley, seconded by Chairman Davis, and carried by a vote of nine, Supervisor Trapnell being absent, the Board concurred in the recommendation of staff and approved the Memorandum of Agreement between Fairfax County and the City of Falls Church for services provided under the Comprehensive Services Act for At-Risk Youth and Families (CSA).

28. A-6 - THE TARGETED ASSISTANCE PROGRAM (TAP) IN THE DEPARTMENT OF HUMAN DEVELOPMENT (Tape 5)

(SAR) Supervisor Hanley moved that the Board concur in the recommendation of staff and approve Supplemental Appropriation Resolution (SAR) AS 95041 totalling $135,794 for the Department of Human Development (DHD) to continue the Targeted Assistance Program (TAP) Grant. This motion was seconded by Chairman Davis.

Supervisor Hanley asked unanimous consent that the Board direct staff to provide information as to how much refugee money goes directly from the State to the grantees in Fairfax County and who receives these grants. Without objection, it was so ordered.

The question was called on the motion which carried by a vote of nine, Supervisor Trapnell being absent.

29. A-7 - SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 95042 FOR THE ECONOMIC DISLOCATION AND WORKER ADJUSTMENT ASSISTANCE (EDWAA) PROGRAM IN THE DEPARTMENT OF HUMAN DEVELOPMENT (Tape 5)

(SAR) On motion of Supervisor Hanley, seconded by Chairman Davis, and carried by a vote of nine, the Board concurred in the recommendation of staff and approved Supplemental Appropriation Resolution (SAR) AS 95042 in the amount of $149,039 to increase funding fore the period July 1, 1994 through June 30, 1995. These additional funds will support retraining for dislocated workers.

30. A-8 - SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 95043 FOR

THE JOB TRAINING PARTNERSHIP ACT (JTPA) ADULT AND YOUTH PROGRAMS IN THE DEPARTMENT OF HUMAN DEVELOPMENT (Tape 5)

(SAR) On motion of Supervisor Dix, seconded by Supervisor Hanley, and carried by a vote of nine, the Board concurred in the recommendation of staff and approved Supplemental Appropriation Resolution (SAR) AS 95043 in the amount of $343,534. These supplemental funds will purchase additional employment and training services for economically disadvantaged adults and youth.

31. A-9 - SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 95045 FOR THE FIRE AND RESCUE DEPARTMENT TO ACCEPT A DEPARTMENT OF MOTOR VEHICLES GRANT FOR THE HIGHWAY SAFETY PROGRAM (Tape 5)

(SAR) On motion of Supervisor McConnell, seconded by Chairman Davis, and carried by a vote of nine, the Board concurred in the recommendation of staff and approved Supplemental Appropriation Resolution (SAR) AS 95045 in the amount of $6,000 from the Virginia Department of Motor Vehicles. This grant will fund a Highway Safety Program, which includes the purchase of educational materials, public information brochures in English and Spanish, and a computer with a printer to initiate an educational injury prevention program.

32. A-10 - OFFICE FOR CHILDREN APPLICATION FOR A TECHNICAL ASSISTANCE GRANT TO DESIGN A COMPREHENSIVE PRESCHOOL PROGRAM FOR AT-RISK FOUR-YEAR-OLD CHILDREN (Tape 5)

On motion of Supervisor Hanley, seconded by Supervisor Bulova, and carried by a vote of nine, the Board concurred in the recommendation of staff and approved the submission of the Office for Children's application for a technical assistance grant i the amount of $7,000.

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33. A-11 - SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 95044 FOR THE DEPARTMENT OF COMMUNITY ACTION'S ACCEPTANCE OF SHARE -HOMELESS INTERVENTION PROGRAM (HIP) FISCAL YEAR (FY) 1995 GRANT FUNDING IN THE AMOUNT OF $222,289 (Tape 6)

(SAR) On motion of Supervisor Hanley, seconded by Supervisor Bulova, and carried by a vote of nine, Supervisor Trapnell being absent, the Board concurred in the recommendation of staff and approved Supplemental Appropriation Resolution (SAR) AS 95044 for the Fairfax County Department of Community Action's acceptance of SHARE - HIP Fiscal Year (FY) 1995 grant funding in the amount of $222,289.

34. A-12 - FAIRFAX COUNTY DEPARTMENT OF RECREATION AND COMMUNITY SERVICES' GRANT APPLICATION TO THE VIRGINIA INSTITUTE FOR DEVELOPMENTAL DISABILITIES, RESPITE RESOURCE PROJECT GRANT (Tape 6)

(SAR) On motion of Supervisor McConnell, seconded by Supervisor Hanley, and carried by a vote of nine, Supervisor Trapnell being absent, the Board concurred in the recommendation of staff and approved the Department of Recreation and Community Services' grant application in the amount of $21,000 to Virginia Institute for Developmental Disabilities.

35. A-13 - APPROVAL OF 10 TAXICAB OPERATOR'S CERTIFICATES FOR FAIRFAX WHITE TOP CAB (Tape 6)

On motion of Supervisor McConnell, seconded by Supervisor Bulova, and carried by a vote of nine, Supervisor Trapnell being absent, the Board concurred in the recommendation of staff and approved the recommendations of the Consumer Protection Commission and the Department of Consumer Affairs and authorized staff to issue 10 taxicab operator's certificates to Fairfax White Top Cab.

36. A-14 - APPROVAL OF AN AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE DEVELOPMENT, ADMINISTRATION AND CONSTRUCTION OF THE GREAT FALLS STREET TRAIL (DRANESVILLE DISTRICT) (Tape 6)

On motion of Supervisor Berger, seconded by Chairman Davis, and carried by a vote of nine, Supervisor Trapnell being absent, the Board concurred in the recommendation of staff and authorized the County Executive to execute the Agreement between Fairfax County and the Virginia Department of Transportation (VDOT).

37. A-15 - ADOPTION OF A RESOLUTION APPROVING THE ISSUANCE OF A REFUNDING BOND ISSUE BY THE FAIRFAX COUNTY ECONOMIC DEVELOPMENT AUTHORITY ON BEHALF OF THE HOPPMAN CORPORATION (SULLY DISTRICT) (Tape 6)

On motion of Supervisor Frey, seconded by Supervisor Alexander, and carried by a vote of nine, Supervisor Trapnell being absent, the Board concurred in the recommendation of staff and authorized the County Executive to execute the enclosed agreement between Fairfax County and the Virginia Department of Transportation (VDOT).

38. A-16 - ABANDONMENT OF A PORTION OF OAKWOOD ROAD (ROUTE 843) (LEE DISTRICT) (Tape 6)

Supervisor Alexander moved to defer on Action Item A-16 - Abandonment of a Portion of Oakwood Road (Route 843) (Lee District) until later in the day. This motion was seconded by Supervisor Dix and carried by a vote of nine, Supervisor Trapnell being absent.

(NOTE: Later in the meeting, action was taken on this item. See Clerk's Summary Item CL#122.)

39. A-17 - DIVERSITY PLAN FOR FAIRFAX COUNTY GOVERNMENT (Tape 6)

Following discussion, with input from LaGretta L. Butler, Director, Office of Equity Programs, Supervisor McConnell moved that the Board concur in the recommendation of staff and adopt the Diversity Plan for Fairfax County Government. The Plan provides an overall strategy for diversifying the County's workforce. This motion was seconded by Supervisor Dix and carried by a vote of seven, Supervisor Bulova and Supervisor Frey being out of the room, Supervisor Trapnell being absent.

40. A-18 - NOTIFICATION BY THE FAIRFAX COUNTY REDEVELOPMENT AND HOUSING AUTHORITY (FCRHA) OF THE FINANCING PLAN FOR MORRIS GLEN APARTMENTS AND ITS REQUEST FOR AN INVESTMENT BY THE FAIRFAX COUNTY INTEGRATED SEWER FUND IN BOND ANTICIPATION NOTES IN AN AGGREGATE AMOUNT UP TO $3,500,000 FOR A TERM OF TWO YEARS (LEE DISTRICT) (Tape 6)

On motion of Supervisor Alexander, seconded by Supervisor Berger and carried by a vote of seven, Supervisor Bulova and Supervisor Frey being out of the room, Supervisor Trapnell being absent, the Board concurred in the recommendation of staff and approved an investment of up to $3,500,000 by the Fairfax County Integrated Sewer Fund (FCISF) in Fairfax County Redevelopment and Housing Authority (FCRHA) Bond Anticipation Notes (BANs) in connection with interim financing for Morris Glen Apartments.

41. C-1 - AUTHORIZATION TO PROCEED WITH THE COMPLETION OF THE FAIRFAX COUNTY SOLID WASTE MANAGEMENT PLAN AMENDMENT (COUNTYWIDE) (Tape 6)

The Board next considered an Item contained in the Memorandum to the Board dated December 12, 1994 regarding the completion of the Solid Waste Management Plan Amendment, based upon the outline of topics and proposed schedule which were approved by the Citizens Advisory Committee on Solid Waste and the Business Advisory Committee for Recycling and Solid Waste.

Supervisor Berger moved that the Board authorize staff to proceed with the completion of the Solid Waste Management Plan Amendment. This motion was seconded by Supervisor Dix and carried by a vote of eight, Supervisor Bulova being out of the room, Supervisor Trapnell being absent.

42. C-2 - ELECTION YEAR POLICIES (Tape 6)

(P) The Board next considered an Item contained in the Memorandum to the Board dated December 12, 1994 regarding election year polices.

Following discussion, Supervisor Frey moved approval of the proposed Election Year Policies as contained in the Memorandum to the Board dated December 12, 1994. This motion was seconded by Chairman Davis.

Supervisor McConnell moved to amend the motion to strike the following language from the paragraph on the last bullet on page 98:

The amendment to the motion was seconded by Supervisor Frey and FAILED by a recorded vote of six, Supervisor Frey and Supervisor McConnell voting "AYE," Supervisor Bulova being out of the room, Supervisor Trapnell being absent.

The question was called on the main motion which CARRIED by a recorded vote of seven, Supervisor Frey and Supervisor McConnell voting "NAY," Supervisor Trapnell being absent.

43. I-1 - GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD TO THE FAIRFAX COUNTY OFFICE OF MANAGEMENT AND BUDGET (OMB) (No Tape)

(NOTE: Earlier in the meeting, this item was discussed. See Clerk's Summary Item CL#17.)

44. I-2 - STAFF SUMMARIES OF SEPTEMBER AND OCTOBER, 1994 TRANSPORTATION ADVISORY COMMISSION MEETINGS (TAC) (COUNTYWIDE) (Tape 6)

The Board next considered an Item contained in the Memorandum to the Board dated December 12, 1994 presenting the Staff Summaries of September and October, 1994 Transportation Advisory Commission (TAC) meetings.

45. I-3 - AWARD OF CONTRACT - EXPERT ASSISTANCE IN BUSINESS PROCESS REDESIGN AND REQUIREMENTS DEFINITION OF AN ELECTRONIC IMAGING SYSTEM FOR THE CIRCUIT COURT (Tape 6)

The Board next considered an Item contained in the Memorandum to the Board dated December 12, 1994 requesting authorization for staff to finalize negotiations and award a contract to Performance Engineering Corporation in the amount of $463,653 for expert assistance in business process redesign and for development of a Request for Proposal (RFP) for acquisition of electronic imaging and other technologies needed to achieve dramatic improvements in work flow and customer service in the land records

management area of the Circuit Court. Of this total amount, only $248,203 will be allowed for Phase I at this time. Authorization will be provided for Phases II and III only upon successful completion of the preceding Phase and obtaining funding approval in subsequent cycles.

The staff was directed administratively to proceed as proposed.

46. I-4 - CONTRACT RENEWAL - ANNUAL CONTRACT FOR STRUCTURAL ENGINEERING SERVICES (COUNTYWIDE) (Tape 6)

The Board next considered an Item contained in the Memorandum to the Board dated December 12, 1994 requesting authorization for staff to award a contract to Wilbur Smith Associates, in the amount of $100,000 for structural engineering services for projects which are being designed by County staff when authorized by the County.

The staff was directed administratively to proceed as proposed.

47. I-5 - AWARD OF CONTRACT - REHABILITATION OF SLUDGE PROCESSING BUILDING - K2, SLUDGE STORAGE TANK - R2 (MOUNT VERNON DISTRICT) (Tape 6)

The Board next considered an Item contained in the Memorandum to the Board dated December 12, 1994 requesting authorization for staff to award a contract to Norair Engineering Corporation in the amount of $9,319,000 for the Rehabilitation of Sludge Processing Building (K2), in Project N00320, Lower Potomac Pollution Control Plan Expansion Beyond 36MGD, in Subfund 575, Sewer Bond Construction.

The staff was directed administratively to proceed as proposed.

48. I-6 - AWARD OF CONTRACT AMENDMENT TO THE ARCHITECTURAL CONTRACT WITH DAVIS AND CARTER FOR THE DESIGN OF THE I-66 TRANSFER STATION EXPANSION (SULLY DISTRICT) (Tape 6)

The Board next considered an Item contained in the Memorandum to the Board dated December 12, 1994 requesting authorization for staff to amend the contract with Davis and Carter in the amount of $118,366 for Project 174002, I-66 Transfer Station Expansion, within Subfund 174, Refuse Disposal, which includes the construction of an 11 bay, 35,300 square foot addition to the tipping facility, a 12,000 square foot addition to the administrative area, and a separate recycling and citizen's disposal located at 4700 West Ox Road.

The staff was directed administratively to proceed as proposed.

49. I-7 - FISCAL YEAR (FY) 1994 COMPREHENSIVE ANNUAL FINANCIAL REPORT (No Tape)

(NOTE: Earlier in the meeting, this item was discussed. See Clerk's Summary Item CL#17.)

50. I-8 - POTOMAC BASIN TRIBUTARY NUTRIENT REDUCTION STRATEGY (Tape 6)

The Board next considered an Item contained in the Memorandum to the Board dated December 12, 1994 requesting authorization for staff to:

The staff was directed administratively to proceed as proposed.

51. I-9 - CHESAPEAKE BAY LOCAL ASSISTANCE BOARD LOCAL GOVERNMENT STANDING COMMITTEE (Tape 6)

The Board next considered an Item contained in the Memorandum to the Board dated December 12, 1994 requesting authorization for staff to:

Following a brief discussion, staff was directed administratively to proceed as proposed.

ADDITIONAL BOARD MATTERS

52. APPOINTMENT OF SULLY DISTRICT SUPERVISOR MICHAEL R. FREY AS CHAIRMAN OF THE BOARD'S BUDGET SUBCOMMITTEE (Tape 6)

Chairman Davis announced that effective December 31, 1994, he will be resigning as Chairman of the Budget Subcommittee and moved the appointment of Sully District Supervisor Michael R. Frey to replace him. This motion was seconded by Supervisor Dix and carried by a vote of nine, Supervisor Trapnell being absent.

53. REQUEST FOR CONCURRENT AND EXPEDITIOUS PROCESSING SPECIAL EXCEPTION APPLICATIONS FOR SAUL SUBSIDIARY I LIMITED PARTNERSHIP (Tape 6)

Supervisor Alexander stated that Saul Subsidiary I Limited Partnership is the owner of the Beacon Mall on Richmond Highway. He pointed out that as with many of the older shopping centers, significant renovation is necessary to improve the character of the area. Saul Subsidiary I Limited Partnership is attempting to provide these improvements.

Supervisor Alexander explained that recently Saul learned that to expand the use, which they can do by-right, they are required to bring all the existing uses up to current zoning regulations. Two of the existing uses which were established by-right, the Nations Bank [Tax Map Number 93-1((1))1A] and Goodyear Tire [Tax Map Number 93-1((1))1A] are now Special Exception uses, and Saul has filed Special Exception Applications.

As a result of the unforeseen need to file applications for the existing uses, Saul is attempting to keep on schedule for the needed renovations to, and expansion of, the Beacon Mall.

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

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

54. PROFFERED CONDITION AMENDMENT/FINAL DEVELOPMENT PLAN AMENDMENT APPLICATION PCA/FDPA 86-l-073 WITHIN THE ISLAND CREEK DEVELOPMENT (Tape 6)

Supervisor Alexander moved that the Board authorize the Zoning Evaluation Division, Office of Comprehensive Planning (OCP) to:

This motion was seconded by Chairman Davis and carried by a vote of nine, Supervisor Trapnell being absent.

55. ELECTION OF PROVIDENCE DISTRICT SUPERVISOR KATHERINE K. HANLEY AS REGION TWO REPRESENTATIVE TO THE AMERICAN PUBLIC TRANSIT ASSOCIATION GOVERNING BOARD (Tape 6)

Supervisor Alexander announced that Providence District Supervisor Katherine K. Hanley has been elected as the Region Two Representative to the American Public Transit Association Governing Board.

56. RETIREMENT OF RICHARD A. KING, DEPUTY COUNTY EXECUTIVE FOR PUBLIC SAFETY (Tape 6)

Supervisor Alexander called the Board's attention to a memorandum received from Richard A. King, Deputy County Executive for Public Safety, announcing his retirement at the end of December, 1994.

(NOTE: Later in the meeting, Mr. King was presented a Proclamation. See Clerk's Summary Item CL#59.)

57. RESIGNATION OF MR. HAROLD HENDERSON FROM THE CIVIL SERVICE COMMISSION (Tape 6)

Supervisor Alexander announced that Mr. Harold Henderson has resigned from the Civil Service Commission and asked unanimous consent that the Board direct staff to invite Mr. Henderson to appear before the Board in January, 1995 to be recognized for his many years of service to Fairfax County. Without objection, it was so ordered.

58. LEE DISTRICT CIVIC ASSOCIATION'S ANNUAL CHRISTMAS DINNER (Tape 6)

Supervisor Alexander announced that the Lee District Civic Association's Annual Christmas Dinner is scheduled for Sunday, December 18, 1994. This year Congressman-Elect Thomas M. Davis, III, will be the guest speaker.

59. PRESENTATION TO RICHARD A. KING, DEPUTY COUNTY EXECUTIVE FOR PUBLIC SAFETY UPON HIS IMPENDING RETIREMENT FROM FAIRFAX COUNTY GOVERNMENT (Tape 6)

(Verbatim)

Chairman Davis presented a Proclamation to Richard A. King, Deputy County Executive for Public Safety, upon his impending retirement from Fairfax County.

Supervisor McConnell moved approval of the Proclamation presented to Mr. King on behalf of the Board of Supervisors and the citizens of Fairfax County. This motion was seconded jointly by Supervisor Alexander and Supervisor Hyland and carried by unanimous vote.

Chairman Davis invited former Vice-Chairman and Centreville, now Hunter Mill District, Supervisor Martha Pennino to join Board Members at the dias as the ceremonial Chairman to assist in making the presentation to Mr. King.

Following a tribute from all Board Members to Mr. King, Chairman Davis relinquished the Chair to Vice-Chairman McConnell and asked unanimous consent that the Board direct staff to prepare a verbatim transcript of these proceedings to be presented to Mr. King. Without objection, it was so ordered.

Vice-Chairman McConnell returned the gavel to Chairman Davis.

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60. NO BOARD MATTERS FOR BRADDOCK DISTRICT SUPERVISOR SHARON BULOVA (Tape 7)

Braddock District Supervisor Sharon Bulova announced that she had no Board Matters to present today.

61. RESPONSE FROM KENNETH R. PLUM, MEMBER OF THE HOUSE OF DELEGATES REGARDING PARKING (Tape 7)

Supervisor Dix distributed to Board Members a copy of a letter that he had received from Kenneth R. Plum, Member of the House of Delegates, regarding reserved parking for members of the General Assembly at the Fairfax County Government Center. Delegate Plum declined the Board's offer, noting that special "perks" do not have a place in government.

62. RESOLUTION REGARDING VIRGINIA'S CENTER FOR INNOVATIVE TECHNOLOGY (CIT) (Tape 7)

(R) Supervisor Dix moved that the Board adopt the Resolution which encourages the continuation of State funding for the Center of Innovative Technology (CIT). This motion was seconded by Supervisor Hanley and carried by a vote of eight, Supervisor Berger being out of the room, Supervisor Trapnell being absent.

63. UNFUNDED MANDATES (Tape 7)

Supervisor Dix noted that the County Executive along with the leadership team are currently working on the Fiscal Year (FY) 1996 budget.

Supervisor Dix said last year, the Board was provided with an index and listing of many of the federal mandates which currently impact the budgetary decision making. As the budget process evolves this year, and with a recognition of renewed interest and commitment on the part of the Allen Administration to review requirements of unfunded mandates, and as it clearly pointed out in Administrative Item - ADMIN 6 - Advertisement for a Public Hearing to Amend the Current Appropriation Level in the FY 1995 Revised Budget Plan in today's Board package, state mandates are a significant factor as well in the budgeting process.

Therefore, Supervisor Dix asked unanimous consent that the Board direct staff to:

Without objection, it was so ordered.

Following discussion, Supervisor Hyland asked unanimous consent that the Board direct staff to review the National Association of Counties' (NACo) work with unfunded mandates legislation regarding the impact of federal mandates on each County. Without objection it was so ordered.

(NOTE: Later in the meeting, there was additional discussion on unfunded mandates. See Clerk's Summary Items CL#77 and CL#80.)

64. URBAN PARTNERSHIP (Tape 7)

Supervisor Dix noted that last week he had the opportunity to attend the Urban Summit in Richmond, sponsored by the Urban Partnership.

Supervisor Dix pointed out that the Urban Partnership is a collaboration of local government leaders and business leaders across Virginia, along with civic leaders and the Virginia Chamber of Commerce coming together to examine urban challenges in Virginia, including the working relationships between Virginia's Counties, Cities and Towns.

Since Fairfax County is not currently a member of the Urban Partnership, Supervisor Dix moved that the Board:

This motion was seconded by Supervisor McConnell and carried by a vote of nine, Supervisor Trapnell being absent.

65. LEGISLATIVE COMMITTEE MEETING UPDATES (Tape 7)

Supervisor Dix reminded Board Members of the scheduled Legislative Committee meeting dates as follows:

Supervisor Dix also reminded Board Members that a legislative breakfast is scheduled for Wednesday, December 12, 1994.

66. OUT-OF-TURN PLAN AMENDMENT FOR LAND UNIT F OF THE RESTON-HERNDON SUBURBAN CENTER (Tape 7)

Supervisor Dix said that the owners of Commerce Business Office Park at the Dulles Airport Access Road and Wiehle Avenue have filed a Special Exception Application to allow for the development of the sixth and final office building in their complex. The existing office complex is built at an intensity of .40 Floor Area Ratio (FAR) and the addition of this final building would increase the overall FAR. However, the Plan text allows for a .35 FAR, less than what is now on the ground. The site is zoned I-3 and the Zoning Ordinance allows consideration of up to .50 FAR with a Special Exception Application.

To evaluate this application, Supervisor Dix moved that the Board authorize an Out-of-Turn Plan Amendment to allow for consideration of intensities of up to .50 FAR overall for infill development in existing office complexes in Land Unit F of the Reston-Herndon Suburban Center. This motion was seconded by Chairman Davis and carried by a vote of nine, Supervisor Trapnell being absent.

67. REQUEST FOR RECOGNITION OF MR. WILLIAM URICK (Tape 7)

Supervisor McConnell reminded Board Members of Mr. William Urick's outstanding public service record. She asked unanimous consent that the Board direct staff to invite Mr. Urick to appear before the Board at its next meeting to be recognized for his involvement with:

Without objection, it was so ordered.

68. REQUEST FOR SIMULTANEOUS AND EXPEDITIOUS PROCESSING FOR SAINT GEORGE'S UNITED METHODIST CHURCH (Tape 7)

Supervisor McConnell said that Saint George's United Methodist Church has submitted Special Permit Amendment Application SPA 79-S-049 to expand their facility at 4910 Ox Road to provide up to 12 additional classrooms and a new kitchen. To allow construction to begin at the earliest date practicable, Supervisor McConnell moved that

the Board direct staff to simultaneously and expeditiously process the Special Permit Amendment Application, Site Plan, Record Plat(s) and any other plans that may be required for the approval of the expansion. This motion was seconded by Chairman Davis and carried by a vote of eight, Supervisor Dix being out of the room, Supervisor Trapnell being absent.

69. APPOINTMENTS TO THE TOWING ADVISORY BOARD (Tape 7)

(APPTs)

(NOTE: Earlier in the meeting, other nominations were made to the Towing Advisory Board. See Clerk's Summary Item CL#15.)

Supervisor McConnell moved the appointment of the following individuals to the Towing Advisory Board:

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

70. FAREWELL MEMENTO TO CHAIRMAN DAVIS (Tape 7)

As a farewell memento, Supervisor McConnell presented Chairman Davis with a cake to "fill his sweet tooth."

71. REQUEST FOR REPORT ON THE REVENUES FROM THE DULLES TOLL ROAD (Tape 7)

Supervisor Hanley asked unanimous consent that the Board direct staff to request a copy of the Report on Revenues from the Dulles Toll Road. Without objection, it was so ordered.

72. SCHEDULING OF A PUBLIC HEARING FOR REZONING APPLICATION RZ 94-P-030 (COLD STREAM DEVELOPMENT) (Tape 7)

Supervisor Hanley said that Rezoning Application RZ 94-P-030 was originally scheduled to be heard by the Planning Commission on October 27, 1994. The application was deferred to allow the applicant time to make revisions to the proposal. Several modifications have been made and as such the application is scheduled to be heard by the Planning Commission on February 2, 1995.

Therefore, Supervisor Hanley moved that the Board direct staff to schedule the public hearing to be held before the Board at the next date following February 2, 1995. The applicant understands that this neither provides him with a vested right in the Plan approval nor relieves him from the responsibility of Plan modification as a result of Board or Planning Commission review. This motion was seconded by Supervisor Bulova and carried by a vote of nine, Supervisor Trapnell being absent.

73. REQUEST FOR DEMONSTRATION OF AUTOMATIC RADAR EQUIPMENT (Tape 7)

Supervisor Hanley asked unanimous consent that the Board direct staff to schedule a demonstration of the new Automatic Radar equipment. Without objection, it was so ordered.

74. TRIBUTE TO CHAIRMAN DAVIS (Tape 7)

Supervisor Hanley paid tribute to Chairman Davis.

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75. ZONING DIFFICULTIES FOR VEHICLE LIGHT SERVICE ESTABLISHMENTS (Tape 8)

Supervisor Berger explained that he was recently apprised of the difficulties that vehicle light service establishments such as NTW, Jiffy Lube, Midas, and others have with the Zoning Ordinance. He stated his understanding that there is not a single zoning classification where these companies can locate "by-right."

Therefore, he asked unanimous consent that the Board refer this matter to the Board's Development Process Subcommittee which is studying ordinance changes for its review and possible action. Without objection, it was so ordered.

76. ZONING ORDINANCE AMENDMENT FOR CLUSTER SUBDIVISIONS (Tape 8)

Supervisor Berger stated that a constituent of the Dranesville District has recently been advised by staff that he cannot convey a portion of his property to the owner of an adjacent parcel for consolidation purposes because the adjacent parcel is part of a residential subdivision which is defined as a cluster subdivision under the Code of the County of Fairfax, Chapter 112 (Zoning).

Supervisor Berger explained that these two property owners do not wish to create an additional building lot; they simply wish to adjust their common boundary line. This constituent has been told that the Board would have to approve a Special Exception Application for the entire cluster subdivision for one lot within the cluster to become a larger lot by adding land area to it from an adjacent lot which is not part of the cluster. The logistics of even filing such an application to cover the entire cluster subdivision would be monumental.

Therefore, Supervisor Berger moved that the Board direct staff to prepare any necessary ordinance amendments for the Board's consideration which would allow land area to be added to an existing lot within a cluster subdivision without the necessity of first obtaining the Special Exception use approval so long as no additional building lots are created. This motion was seconded by Chairman Davis and carried by a vote of nine, Supervisor Trapnell being absent.

77. ADDITIONAL COMMENTS REGARDING UNFUNDED MANDATES (Tape 8)

(NOTE: Earlier in the meeting, unfunded mandates were discussed. See Clerk's Summary Item CL#63.)

With reference to previous discussion regarding unfunded mandates, Supervisor Berger recounted a recent incident in his office whereby a doorway to the conference room was demolished to conform to specifications of the Americans with Disabilities Act (ADA). He noted that a frequent visitor to that room was a person in a wheelchair who exhibited no difficulty in negotiating that doorway.

(NOTE: Later in the meeting, the issue of unfunded mandates was revisited. See Clerk's Summary Item CL#80.)

78. I-66 CONSTRUCTION PROJECT'S EFFECT ON CABELL'S MILL SUBDIVISION (Tape 8)

Supervisor Frey stated that, as part of the I-66 construction project, the Virginia Department of Transportation (VDOT) completed the final sections of Northbourne Drive which connects Route 28 with Stringfellow Road. He noted that a substantial portion of the road is through the Cabell's Mill Subdivision with driveway access. The traffic impact on the community has been significant.

Accordingly, Supervisor Frey asked unanimous consent that the Board direct staff to:

Without objection, it was so ordered.

79. REQUEST FOR EXPEDITED HANDLING AND SIMULTANEOUS PROCESSING OF SPECIAL PERMITS TO TEMPORARILY RELOCATE THE GUM SPRINGS HEAD START PROGRAM (Tape 8)

Supervisor Hyland stated that the Gum Springs Community Center, which houses the Office for Children's (OFC) Gum Springs Head Start Center, is scheduled for major renovation contingent upon Board approval of the financing plan at the meeting schedule for January 9, 1995. Construction is expected to begin in February, 1995.

Supervisor Hyland said that because of the construction, all occupants must relocate during the one-year construction period. Faith United Methodist Church and Woodlawn United Methodist Church have agreed to allow the Gum Springs Head Start Program to use space within their facilities for the period of the construction. However, both churches are zoned R-2 and require Special Permits to operate child care centers. Applications for the Special Permits are being submitted to the Board of Zoning Appeals (BZA) by the OFC.

Upon the mutual concurrence and recommendation of the Office of the County Attorney, Office of Comprehensive Planning (OCP), and the Department of Environmental Management (DEM), Supervisor Hyland moved that the Board:

This motion was seconded by Supervisor Dix and carried by a vote of nine, Supervisor Trapnell being absent.

80. TOP PRIORITIES OF NATIONAL ASSOCIATION OF COUNTIES (NACO) INCLUDING UNFUNDED MANDATES LEGISLATION (Tape 8)

Supervisor Hyland called the Board's attention to a news release from the National Association of Counties (NACo) regarding its top priorities including unfunded mandate legislation.

Supervisor Hyland moved that the Board request the Chairman write letters to:

requesting early action and approval of a bill that would provide for no federal mandates. This motion was seconded by Chairman Davis. Following discussion, the question was called on the motion which carried by a vote of nine, Supervisor Trapnell being absent.

81. TRIBUTE TO CHAIRMAN DAVIS, A "PUNNY" EXPERIENCE (Tape 8)

Supervisor Hyland paid tribute to Chairman Davis and acknowledged their mutual penchant for bad puns. Chairman Davis expressed his appreciation to the entire Board.

82. ANNANDALE HIGH SCHOOL FOOTBALL TEAM WINS STATE CHAMPIONSHIP (Tape 8)

On behalf on Supervisor Trapnell, Chairman Davis relinquished the Chair to Vice-Chairman McConnell and asked unanimous consent that the Board direct staff to invite the Annandale High School Varsity Football Team and its coaches to appear before the Board in recognition of their second straight Virginia AAA Division 6 State Championship win. Without objection, it was so ordered.

Vice-Chairman McConnell returned the gavel to Chairman Davis.

83. INTENT TO DEFER BOARD DECISION ON PROPOSED AREA PLANS REVIEW (APR) ITEM 94-IV-3LP, BOUNDARY CHANGE BETWEEN THE LORTON-SOUTH ROUTE 1 AND MASON NECK COMMUNITY PLANNING SECTORS (MOUNT VERNON DISTRICT) (Tape 8)

Supervisor Hyland announced his intent to defer, at the appropriate time, the Board decision on the Proposed Area Plans Review (APR) Item 94-IV-3LP, Boundary Change between the Lorton-South Route I and Mason Neck Community Planning Sectors until January 9, 1995 at 3:30 p.m.

(NOTE: Later in the meeting, this Board decision was deferred. See Clerk's Summary Item CL#96.)

84. APPRECIATION EXPRESSED TO MARTHA PENNINO, FORMER VICE-CHAIRMAN AND CENTREVILLE DISTRICT SUPERVISOR (Tape 8)

Supervisor Dix expressed his appreciation to Martha Pennino, former Board Vice-Chairman and former Centreville (now Hunter Mill) District Supervisor, and other former Board Members for joining the Board today in its tribute to Chairman Davis.

85. HAPPY HOLIDAYS TO STAFF (Tape 8)

On behalf of the entire Board, Supervisor Dix expressed his best wishes for a Happy Holiday season to all County employees and expressed his appreciation to them for another great year of support and for all their efforts on behalf of the citizens.

86. RECESS/EXECUTIVE SESSION (Tape 8)

At 2:05 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 Berger and carried by a vote of nine, Supervisor Trapnell being absent.

AM:am

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

ACTIONS FROM EXECUTIVE SESSION

87. CERTIFICATION BY BOARD MEMBERS REGARDING ITEMS DISCUSSED IN EXECUTIVE SESSION (Tape 9)

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 Berger and Supervisor McConnell being out of the room, Supervisor Trapnell being absent.

ADDITIONAL BOARD MATTER

88. GRETA THE GORILLA (Tape 9)

Supervisor Hyland explained that Greta the Gorilla (an air-filled balloon) was given to Chairman Davis to remind him to fight for animal rights and to wish him well in his new endeavor.

89. COMPUTER SCIENCES CORPORATION VERSUS BOARD OF SUPERVISORS OF FAIRFAX COUNTY, VIRGINIA ET AL., IN CHANCERY NUMBER 131653 (Tape 9)

Supervisor Frey moved that the Board:

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

90. AUTHORIZATION OF AN AGREEMENT BETWEEN THE BOARD OF SUPERVISORS OF FAIRFAX COUNTY, VIRGINIA, LOUDOUN COUNTY AND THE CASCADES (Tape 9)

Supervisor Berger moved that the Board authorize the County Executive to enter into an agreement on behalf of the Board in order to resolve a dispute Fairfax County has had with Loudoun County and the developer of the Cascades development regarding the use of an access easement in Section 12C of Cascades, all in accordance with 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 eight, Supervisor McConnell being out of the room, Supervisor Trapnell being absent.

SBE:sbe

91. 3:00 P.M. - PH ON REZONING APPLICATION RZ 94-D-040 (GEORGETOWN PIKE CORNER PARTNERSHIP) (DRANESVILLE DISTRICT) (Tape 10)

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.

Supervisor Berger disclosed the following campaign contribution which he had received:

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

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

Supervisor Berger moved that the:

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

92. 3:00 P.M. - PH ON REZONING APPLICATION RZ 94-L-016 (PARK FIVE DEVELOPMENT, INCORPORATED) (LEE DISTRICT) (Tape 10)

Mr. Thomas P. Dugan reaffirmed the validity of the affidavit for the record.

Mr. Dugan 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 disclosed the following compaign contributions which he had received:

Following the public hearing, Mary Ann Godfrey, Staff Coordinator, Zoning Evaluation Division, Office of Comprehensive Planning, presented the staff and Planning Commission recommendations.

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

Supervisor Alexander moved that the Zoning Ordinance as it applies to the property which is the subject of Rezoning Application RZ 94-L-016 be amended from the R-1, R-2 and Highway Corridor Districts to the R-12 and Highway Corridor Districts subject to execution of the proffers dated December 9, 1994. This motion was seconded by Supervisor Hyland and carried by a vote of six, Supervisor Dix, Supervisor Hanley, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Alexander moved waiver of the minimum district size. This motion was seconded by Supervisor Hyland and carried by a vote of six, Supervisor Dix, Supervisor Hanley, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Alexander further moved modification of transitional screening and the waiver of barrier requirements along the south in favor of that shown on the General Development Plan (GDP) and subject to the proffers dated December 9, 1994. This motion was seconded by Supervisor Hyland and carried by a vote of six, Supervisor Dix, Supervisor Hanley, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

93. 3:00 P.M. - PH ON PROFFERED CONDITION AMENDMENT APPLICATION PCA 86-W-043 (CROSSPOINTE LIMITED PARTNERSHIP) (SPRINGFIELD DISTRICT) (Tape 10)

Mr. Carson Lee Fifer, Jr. reaffirmed the validity of the affidavit for the record.

Mr. Fifer 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, Phyllis Wilson, Staff Coordinator, Zoning Evaluation Division, Office of Comprehensive Planning, presented the staff and Planning Commission recommendations.

Vice-Chairman McConnell relinquished the Chair to Acting-Chairman Alexander and moved to waive the reading of the staff and Planning Commission recommendations. This motion was seconded by Supervisor Berger and carried by a vote of six, Supervisor Dix, Supervisor Hyland, and Chairman Davis being our of the room, Supervisor Trapnell being absent.

Supervisor McConnell moved approval of Proffered Condition Amendment Application PCA 86-W-043 subject to execution of the proffers dated December 9, 1994. This motion was seconded by Acting-Chairman Alexander and carried by a vote of six, Supervisor Dix, Supervisor Hyland, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Acting-Chairman Alexander returned the gavel to Vice-Chairman McConnell.

94. 3:00 P.M. - DEFERRAL OF PH ON SPECIAL EXCEPTION APPLICATION SE 94-Y-029 (FAIRFAX COUNTY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT) (SULLY DISTRICT) (Tape 10)

Supervisor Frey moved to defer the public hearing on Special Exception Application SE 94-Y-029 until January 9, 1995 at 4:00 p.m. This motion was seconded by Supervisor Bulova and carried by a vote of six, Supervisor Dix, Supervisor Hyland, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

95. 3:00 P.M. - PH ON THE PROPOSED VACATION OF A SANITARY SEWER EASEMENT AND A PORTION OF A SANITARY SEWER EASEMENT LOCATED IN WILTON WOODS SUBDIVISION, SECTION A (LEE DISTRICT) (Tape 10)

(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 November 18 and November 25, 1994.

Following the public hearing, Supervisor Alexander moved adoption of an Ordinance vacating a sanitary sewer easement and a portion of a sanitary sewer easement located in Wilton Woods Subdivision, Section A (Tax Map Number 82-4). This motion was seconded by Supervisor Berger and carried by a vote of seven, Supervisor Dix and Chairman Davis being out of the room, Supervisor Trapnell being absent.

96. 3:00 P.M. - DEFERRAL OF BOARD DECISION ON PROPOSED AREA PLANS REVIEW (APR) ITEM 94-IV-3LP, BOUNDARY CHANGE BETWEEN THE LORTON-SOUTH ROUTE 1 AND MASON NECK COMMUNITY PLANNING SECTORS (MOUNT VERNON DISTRICT) (Tape 10)

(NOTE: The public hearing was held on November 21, 1994 and Board decision deferred until December 12, 1994.)

Supervisor Hyland moved to defer Board Decision on proposed Area Plans Review (APR) Item 94-IV-3LP, Boundary Change Between the Lorton-South Route 1 and Mason Neck Community Planning Sectors until January 9, 1995 at 3:30 p.m. This motion was seconded by Supervisor Berger and carried by a vote of seven, Supervisor Dix and Chairman Davis being out of the room, Supervisor Trapnell being absent.

97. 3:30 P.M. - PH ON PROPOSED OUT-OF-TURN PLAN AMENDMENT S94-III-BR1, ORDWAY ROAD CONSERVATION AREA (SULLY DISTRICT) (Tape 10)

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 November 25 and December 2, 1994.

Following the public hearing, which included testimony by one speaker, Supervisor Frey moved approval of Out-of-Turn Plan Amendment S94-III-BR1 as recommended by the Planning Commission. This motion was seconded by Vice-Chairman McConnell and carried by a vote of seven, Supervisor Dix and Chairman Davis being out of the room, Supervisor Trapnell being absent.

98. 3:30 P.M. - DEFERRAL OF PH ON PROPOSED OUT-OF-TURN PLAN AMENDMENT S94-II-F1 FOR THE AREA GENERALLY BOUNDED BY JERMANTOWN ROAD, I-66, WAPLES MILL ROAD AND TATTERSALL AND OAK MARR PARKS (PROVIDENCE DISTRICT) (Tape 10)

Supervisor Hanley moved to defer the public hearing on proposed Out-of Turn Plan Amendment S94-II-F1 for the area generally bounded by Jermantown Road, I-66, Waples Mill Road and Tattersall and Oak Marr Parks until February 27, 1995 at 4:00 p.m. This motion was seconded by Supervisor Berger and carried by a vote of seven, Supervisor Dix and Chairman Davis being out of the room, Supervisor Trapnell being absent.

99. 3:30 P.M. - PH ON PROPOSED AMENDMENTS TO THE PUBLIC FACILITIES MANUAL (PFM) REGARDING SANITARY SEWER CONSTRUCTION STANDARDS (Tape 10)

(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 November 25 and December 2, 1994.

Following the public hearing, Supervisor Berger moved approval of the proposed amendments to the Public Facilities Manual (PFM) pertaining to sanitary sewer construction design standards to become effective on January 1, 1995 at 12:01 a.m. as set forth in the staff report dated September 12, 1994. This motion was seconded by Supervisor Alexander and carried by a vote of seven, Supervisor Dix and Chairman Davis being out of the room, Supervisor Trapnell being absent.

100. 3:30 P.M. - PH ON PROPOSED AMENDMENTS TO THE PUBLIC FACILITIES MANUAL (PFM) REGARDING DAM STANDARDS (Tape 10)

(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 November 25 and December 2, 1994.

Following the public hearing, Supervisor Alexander moved approval of the proposed amendments to the Public Facilities Manual (PFM) pertaining to design, construction and maintenance of dams. This motion was seconded by Supervisor Frey and carried by a vote of seven, Supervisor Dix and Chairman Davis being out of the room, Supervisor Trapnell being absent.

101. 4:00 P.M. - PH ON REZONING APPLICATION RZ 94-Y-033 AND SPECIAL EXCEPTION APPLICATION SE 94-Y-038 (AJB ASSOCIATES, INCORPORATED) (SULLY DISTRICT) (Tape 10)

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 Frey moved that the Zoning Ordinance as it applies to the property which is the subject of Rezoning Application RZ 94-Y-033 be amended from the I-3, I-5, Water Supply Protection Overlay, Highway Corridor and Airport Noise Impact Overlay Districts to the C-8, Water Supply Protection Overlay, Highway Corridor and Airport Noise Impact Overlay Districts subject to execution of the proffers dated November 17, 1944. This motion was seconded jointly by Acting-Chairman Alexander and Supervisor Dix and carried by a vote of seven, Supervisor McConnell and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Frey moved approval of Special Exception Application SE 94-Y-038 subject to the development conditions as recommended by the Planning Commission and dated December 7, 1994 with the amendment to Condition number 20:

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

Supervisor Frey moved approval of a waiver of the service drive requirements for the site's Route 50 frontage. This motion was seconded by Supervisor Dix and carried by a vote of seven, Supervisor McConnell and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Frey moved that the Board direct staff to prepare proposed amendments to the Zoning Ordinance which would allow the Auto Park to have free-standing signs at the Willow Road entrance and allow for free-standing dealership identification signs as is permitted for office parks. This motion was seconded by Supervisor Berger and carried by a vote of seven, Supervisor McConnell and Chairman Davis being out of the room, Supervisor Trapnell being absent.

102. 4:00 P.M. - PH ON PROPOSED TRANSPORTATION ENHANCEMENT PROGRAM PROJECTS (COUNTRYWIDE) (Tapes 10-11)

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 November 25 and December 2, 1994.

Following the public hearing, which included testimony by five speakers, Acting-Chairman Alexander announced that the Board would make a decision on proposed Transportation Enhancement Program Projects on January 9, 1995.

Supervisor Dix moved that the Board concur in endorsing the forwarding of projects for the Towns of Vienna and Herndon through the Transportation Planning Board (TPB) along with the other Fairfax County projects. This motion, the second to which was inaudible, carried by a vote of seven, Supervisor McConnell and Chairman Davis being out of the room, Supervisor Trapnell being absent.

103. 4:00 P.M. - PH ON A PROPOSED ORDINANCE TO APPROVE AN AGREEMENT BETWEEN THE FAIRFAX COUNTY BOARD OF SUPERVISORS AND THE TOWN OF HERNDON, VIRGINIA, PROVIDING FOR IMPROVEMENTS DESCRIBED IN THE BALLOU COMMUNITY PLAN (DRANESVILLE DISTRICT) (Tape 11)

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 November 25 and December 2, 1994.

Following the public hearing, which included testimony by two speakers, Supervisor Berger moved adoption of the proposed Ordinance to approve an agreement between the Fairfax County Board of Supervisors and the Town of Herndon, Virginia. This motion was seconded by Supervisor Bulova and carried by a vote of six, Supervisor Dix, Supervisor McConnell, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

104. 4:00 P.M. - PH TO SET ESTIMATED ASSESSMENTS FOR IMPROVEMENTS IN THE BALLOU COMMUNITY, HERNDON, VIRGINIA (DRANESVILLE DISTRICT) (Tape 11)

(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 November 25 and December 2, 1994.

Following the public hearing, Supervisor Berger moved adoption of the Resolution setting assessments in the Ballou Community. This motion was seconded by Supervisor Hyland and carried by a vote of six, Supervisor Dix, Supervisor McConnell, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

AR:ar

105. 4:30 P.M. - PH ON OUT-OF-TURN PLAN AMENDMENT S94-CW-T1 TO CONSIDER REVISING THE COMPREHENSIVE PLAN TO PERMIT PERMANENT ACCESS BETWEEN FULLERTON ROAD AND ROLLING ROAD (LEE AND SPRINGFIELD DISTRICTS) (Tapes 12-13)

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 November 18 and November 25, 1994.

Following the public hearing, which included testimony by 13 speakers, Supervisor Alexander moved approval of Out-of-Turn Plan Amendment S94-CW-T1 as recommended by the Planning Commission on October 12, 1994, which includes all the conditions listed below that were agreed to by the Fullerton Road Gate Coalition. The Fullerton Road access to Rolling Road shall be permanently opened upon the following conditions being satisfied:

The intersection of Rolling and Fullerton Roads (or other permanent access) must be reviewed, planned, designed and constructed using all relevant and traditional procedures, codes, and standards, as mandated by appropriate County and State agencies;

This motion was seconded by Supervisor Berger.

Following discussion, the question was called on the motion which carried by a vote of eight, Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Alexander moved that the Board direct staff to add this project to the Six-Year Plan with the understanding that it will not take priority over any of the projects presently in the pipeline. This motion was seconded by Supervisor Berger and carried by a vote of eight, Chairman Davis being out of the room, Supervisor Trapnell being absent.

106. 4:30 P.M. - DEFERRAL OF PH ON REZONING APPLICATION RZ 94-P-044 (J.A. LOVELESS HOMES, IV, INCORPORATED) (PROVIDENCE DISTRICT) (Tape 13)

Supervisor Hanley moved to defer the public hearing on Rezoning Application RZ 94-P-044 until January 23, 1995 at 3:30 p.m. This motion was seconded by Supervisor Bulova and carried by a vote of eight, Chairman Davis being out of the room, Supervisor Trapnell being absent.

107. ORDERS OF THE DAY (Tape 13)

Vice-Chairman McConnell announced that the Orders of the Day would be changed to proceed with the 5:30 p.m. - Public Hearing on Proffered Condition Amendment PCA 89-P-068, and Rezoning Applications RZ 94-P-025 and RZ 94-P-026 (J.A. Loveless Homes III, Incorporated) (Providence District).

108. 5:30 P.M. - PH ON PROFFERED CONDITION AMENDMENT PCA 89-P-068, REZONING APPLICATIONS RZ 94-P-025 AND RZ 94-P-026 (J.A. LOVELESS HOMES III, INCORPORATED) (PROVIDENCE DISTRICT) (Tape 13)

Ms. Lynne J. Strobel reaffirmed the validity of the affidavit for the record.

Ms. Strobel 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, Cathy Chianese, Senior Staff Coordinator, Zoning Evaluation Division, Office of Comprehensive Planning, presented the staff and Planning Commission recommendations.

Supervisor Hanley moved approval of Proffered Condition Amendment Application PCA 89-P-068 subject to the executed proffers dated December 2, 1994. This motion was seconded by Supervisor Hyland and carried by a vote of six, Supervisor Alexander, Supervisor Dix, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Hanley moved that the Zoning Ordinance as it applies to the property which is the subject of Rezoning Application RZ 94-P-025 be amended from the C-3 and Highway Corridor Districts to the C-1 and Highway Corridor Districts subject to execution of the proffers dated December 2, 1994. This motion was seconded by Supervisor Bulova and carried by a vote of six, Supervisor Alexander, Supervisor Dix, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Hanley moved modification of the transitional screening and waiver of the barrier requirements for Rezoning Application RZ 94-P-025 pursuant to paragraph 5, Section 13-304 of the Zoning Ordinance. This motion was seconded by Supervisor Bulova and carried by a vote of six, Supervisor Alexander, Supervisor Dix, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Hanley moved that the Zoning Ordinance as it applies to the property which is the subject of Rezoning Application RZ 94-P-026 be amended from the C-3 and Highway Corridor Districts to the R-12 and Highway Corridor Districts subject to execution of the proffers dated December 2, 1994. This motion was seconded by Supervisor Dix and carried by a vote of seven, Supervisor Alexander and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Hanley moved modification of the transitional screening and waiver of the barrier requirements for Rezoning Application RZ 94-P-026 pursuant to paragraph 5, Section 13-304 of the Zoning Ordinance. This motion was seconded by Supervisor Frey and carried by a vote of seven, Supervisor Alexander and Chairman Davis being out of the room, Supervisor Trapnell being absent.

ADDITIONAL BOARD MATTER

109. APPOINTMENTS TO THE SITE SELECTION TASK FORCE (Tape 13)

(APPTs)

(NOTE: Earlier in the meeting, other appointments were made to the Site Selection Task Force. See Clerk's Summary Item CL#15.)

Supervisor Dix moved the following appointments to the Site Selection Task Force:

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

(NOTE: Later in the meeting, there were additional appointments to the Site Selection Task Force. See Clerk's Summary Item CL#135.)

110. 4:30 P.M. - DEFERRAL OF PH ON PROPOSED AREA PLANS REVIEW (APR) ITEM 94-III-14UP, IN THE VICINITY OF STUART ROAD AND LAUREL WAY (DRANESVILLE DISTRICT) (Tape 13)

Supervisor Berger moved to defer indefinitely the public hearing on proposed Area Plans Review (APR) Item 94-III-14UP. This motion was seconded by Supervisor Dix and carried by a vote of seven, Supervisor Alexander and Chairman Davis being out of the room, Supervisor Trapnell being absent.

111. 4:30 P.M. - DEFERRAL OF PH ON THE INTERIM USE OF COUNTY-OWNED PROPERTY KNOWN AS TRINITY PLACE LOCATED BETWEEN PARCELS 3C AND 3D (TAX MAP NUMBER 54-4((1))) BY POST APARTMENT HOMES, LIMITED PARTNERSHIP (SULLY DISTRICT) (Tape 13)

Supervisor Frey moved to defer the public hearing on the interim use of County-owned property known as Trinity Place located between Parcels 3C and 3D by Post Apartment Homes, Limited Partnership, until January 9, 1995 at 4:00 p.m. This motion was seconded by Supervisor Berger and carried by a vote of seven, Supervisor Alexander and Chairman Davis being out of the room, Supervisor Trapnell being absent.

112. 4:30 P.M. - PH ON APPEAL OF PLANNING COMMISSION DETERMINATION OF APPLICATION 456-B94-4 BY BELL ATLANTIC MOBILE SYSTEMS, TELECOMMUNICATION FACILITY IN RAVENSWORTH INDUSTRIAL PARK (BRADDOCK DISTRICT) (Tape 13)

(Legal)

(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 November 25 and December 2, 1994.

Supervisor Berger disclosed that he is a retiree of Bell Atlantic and therefore would not participate in this public hearing.

Following the public hearing, which included testimony by three speakers, Supervisor Bulova moved that the Board uphold the Planning Commission's determination and DENY the appeal by Bell Atlantic Mobile Systems, Telecommunication Facility in Ravensworth Industrial Park, Application 456-B94-4. This motion was seconded by Supervisor Hyland and carried by a vote of seven, Supervisor Berger and Supervisor McConnell being out of the room, Supervisor Trapnell being absent.

Chairman Davis relinquished the Chair to Acting-Chairman Alexander and moved adoption of the following Resolution:

WHEREAS, the Board of Supervisors recognizes the importance of cellular telephone to the safety, convenience and economic well being of the citizens of Fairfax County; and

WHEREAS, on December 5, 1994 the Board of Supervisors emphasized the importance of telecommunications to Fairfax County by directing the County Executive to send a letter to the Fairfax County Park Authority, among other public facility boards, encouraging them to cooperate with the providers of telecommunication services regarding location of said facilities on public space; and

WHEREAS, the Board of Supervisors agrees that any rental money paid for the use of public parkland should be used by the parks for recreational activities, materials or improvements and that said sums may be paid directly to the Park Authority; and

WHEREAS, on at least two occasions the Fairfax County Park Authority has refused to lease space in public parks to providers of cellular telephone services in Fairfax County;

NOW, THEREFORE BE IT RESOLVED that it is the intent of this Board of Supervisors to provide to the citizens of Fairfax County quality cellular telephone service and in that regard to use public land for the location of cellular telephone sites wherever feasible and prudent; and be it

FURTHER RESOLVED that the County Executive is instructed to work with the Fairfax County Park Authority to implement this directive as soon as possible by negotiating a lease on commercially reasonable terms for a location of a cellular telephone site in Wakefield Park in Fairfax County, and that this matter be scheduled for review by the Fairfax County Planning Commission in January 1995 for compliance with the standards of Section 15.1-456 of the Virginia Code.

This motion was seconded by Supervisor Bulova and carried by a vote of seven, Supervisor Berger and Supervisor McConnell being out of the room, Supervisor Trapnell being absent.

Acting-Chairman Alexander returned the gavel to Chairman Davis.

Chairman Davis recognized Edwin R. Spann, Planner, Facilities Planning and Revitalization Branch, Planning Division, Office of Comprehensive Planning, for his diligent efforts on this and other County projects throughout the years and, noting that this is Mr. Spann's last Board meeting, wished him well on behalf of the entire Board.

113. 4:30 P.M. - PH ON PROPOSED AREA PLANS REVIEW (APR) ITEM 94-III-14UP, IN THE VICINITY OF STUART ROAD AND LAUREL WAY (DRANESVILLE DISTRICT) (No Tape)

(NOTE: Earlier in the meeting, this public hearing was deferred indefinitely. See Clerk's Summary Item CL#110.)

114. 4:30 P.M. - PH ON THE INTERIM USE OF COUNTY-OWNED PROPERTY KNOWN AS TRINITY PLACE LOCATED BETWEEN PARCELS 3C AND 3D (TAX MAP NUMBER 54-4((1))) BY POST APARTMENT HOMES, LIMITED PARTNERSHIP (SULLY DISTRICT) (No Tape)

(NOTE: Earlier in the meeting, this public hearing was deferred. See Clerk's Summary Item CL#111.)

115. 5:00 P.M. - PH ON REZONING APPLICATION RZ 94-Y-012 (MARTIN E. TURK, TRUSTEE) (SULLY DISTRICT) (Tape 13)

Mr. Martin E. Turk reaffirmed the validity of the affidavit for the record.

Mr. Turk 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, Denise James, Senior Staff Coordinator,Zoning Evaluation Division, Office of Comprehensive Planning, presented the staff and Planning Commission recommendations.

Supervisor Frey moved that the Zoning Ordinance as it applies to the property which is the subject of Rezoning Application RZ 94-Y-012 be amended from the R-1 and Water Supply Protection Overlay Districts to the PDH-3 and Water Supply Protection Overlay Districts subject to execution of the proffers dated November 8, 1994. This motion was seconded by Supervisor Berger and carried by a vote of six, Supervisor Dix, Supervisor McConnell, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Frey moved that the Board direct the Director of the Department of Environmental Management (DEM) to waive the 600-foot limitation on the length of private streets. This motion was seconded by Supervisor Berger and carried by a vote of six, Supervisor Dix, Supervisor McConnell, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

In accordance with the wishes of the heirs and the original owners of the subject property, Supervisor Frey moved that the Board:

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

116. 5:00 P.M. - PH ON REZONING APPLICATION RZ 93-P-016 (ROBERT L. TRAVERS, TRUSTEE) (PROVIDENCE DISTRICT) (Tapes 13-14)

Ms. Elizabeth D. Baker reaffirmed the validity of the affidavit for the record.

Ms. Baker 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, Mary Ann Godfrey, Staff Coordinator, Zoning Evaluation Division, Office of Comprehensive Planning, presented the staff and Planning Commission recommendations.

Supervisor Hanley moved that the Zoning Ordinance as it applies to the property which is the subject of Rezoning Application RZ 93-P-016 be amended from the R-1 District to the R-5 District subject to execution of the proffers dated November 16, 1994. This motion was seconded by Supervisor Frey and carried by a vote of six, Supervisor Dix, Supervisor McConnell, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Hanley moved waiver of the minimum district size. This motion was seconded by Supervisor Frey and carried by a vote of six, Supervisor Dix, Supervisor McConnell, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Hanley moved waiver of Section 2-414 of the Zoning Ordinance to allow a separation of less than 200 feet between residential structures and an interstate highway. This motion was seconded by Supervisor Frey and carried by a vote of six, Supervisor Dix, Supervisor McConnell, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Hanley moved modification of the transitional screening and barrier requirements to those shown on the General Development Plan (GDP). This motion was seconded by Supervisor Frey and carried by a vote of six, Supervisor Dix, Supervisor McConnell, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

117. 5:00 P.M. - PH ON SPECIAL EXCEPTION APPLICATION SE 94-Y-041 (4501 DALY, LIMITED PARTNERSHIP) (SULLY DISTRICT) (Tape 14)

Mr. William H. Gordon reaffirmed the validity of the affidavit for the record.

Mr. Gordon 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 Frey moved approval of Special Exception Application SE 94-Y-041 subject to the revised development conditions dated November 9, 1994. This motion was seconded by Supervisor Berger and carried by a vote of seven, Supervisor Dix and Chairman Davis being out of the room, Supervisor Trapnell being absent.

118. 5:00 P.M. - PH ON SPECIAL EXCEPTION APPLICATION SE 94-V-039 (STEVE VALENTINE) (MOUNT VERNON DISTRICT) (Tape 14)

Mr. Steve Valentine reaffirmed the validity of the affidavit for the record.

Mr. Valentine 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, Robby Robinson, Staff Coordinator, Zoning Evaluation Division, Office of Comprehensive Planning, presented the staff and Planning Commission recommendations.

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

Supervisor Hyland moved approval of Special Exception Application SE 94-V-039 subject to the proposed development conditions in Appendix One of the staff report with the deletion of Condition Number 10. This motion was seconded by Supervisor Berger and carried by a vote of six, Supervisor Dix, Supervisor Frey, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

119. 5:00 P.M. - PH ON SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 81-D-033-2 (THE SHELL OIL COMPANY) (PROVIDENCE DISTRICT) (Tape 14)

Mr. John L. McBride reaffirmed the validity of the affidavit for the record.

Mr. McBride 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, Robby Robinson, Staff Coordinator, Zoning Evaluation Division, Office of Comprehensive Planning, presented the staff and Planning Commission recommendations.

Supervisor Hanley moved to waive the reading of the staff and Planning Commission recommendations. This motion was seconded by Supervisor Berger and carried by a vote of six, Supervisor Dix, Supervisor Frey, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Hanley moved approval of Special Exception Amendment Application SEA 81-D-033-2 subject to the development conditions dated November 21, 1994. This motion was seconded by Supervisor Hyland and carried by a vote of seven, Supervisor Frey and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Hanley moved modification of the transitional screening and barrier requirements along the eastern property line as shown on the Special Exception Plat. This motion was seconded by Supervisor Berger and carried by a vote of seven, Supervisor Frey and Chairman Davis being out of the room, Supervisor Trapnell being absent.

120. 5:00 P.M. - PH REGARDING THE SALE OF A PORTION OF THE COUNTY-OWNED PROPERTY LOCATED AT 5252 SUNRISE GREEN (SULLY DISTRICT) (Tape 14)

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 November 25 and December 2, 1994.

Following the public hearing, which included testimony by one speaker, Supervisor Frey moved to defer the Board decision on the adoption of the Resolution authorizing the sale of the property located at 5252 Sunrise Green pending further consultation with staff. This motion, the second to which was inaudible, carried by a vote of eight, Chairman Davis being out of the room, Supervisor Trapnell being absent.

(NOTE: Later in the meeting, action was taken on this item. See Clerk's Summary Item CL#127.)

121. 5:00 P.M. - PH ON THE VACATION OF A PORTION OF OAKWOOD ROAD (ROUTE 843) (LEE DISTRICT) (Tape 14)

(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 November 25 and December 2, 1994.

Following the public hearing, Supervisor Alexander moved adoption of an Ordinance vacating a portion of Oakwood Road. This motion was seconded by Supervisor Berger and carried by a vote of six, Supervisor Dix, Supervisor Frey, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

122. A-16 - ABANDONMENT OF A PORTION OF OAKWOOD ROAD (ROUTE 843) (LEE DISTRICT) (Tape 14)

(R) (NOTE: Earlier in the meeting, this item was deferred pending completion of the public hearing on the vacation of a portion of Oakwood Road. See Clerk's Summary Item CL#38.)

Supervisor Alexander called the Board's attention to Action Item A-16 - Abandonment of a Portion of Oakwood Road (Route 843) (Lee District) and moved that the Board concur in the recommendation of staff and, in conjunction with the 5:00 p.m. public hearing on the vacation of an adjoining portion of Oakwood Road, adopt the Resolution abandoning a portion of Oakwood Road. This motion was seconded by Supervisor Berger and carried by a vote of six, Supervisor Dix, Supervisor Frey, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

123. 5:00 P.M. - PH ON REZONING APPLICATION RZ 94-L-035 (OAKWOOD VAN DORN ASSOCIATES) (LEE DISTRICT) (Tape 14)

(R) 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, Cathy Chianese, Senior Staff Coordinator, Zoning Evaluation Division, Office of Comprehensive Planning, presented the staff and Planning Commission recommendations.

Supervisor Alexander moved that the Zoning Ordinance as it applies to the property which is the subject of Rezoning Application RZ 94-L-035 be amended from the C-3 and C-4 Districts to the PDC District subject to execution of the revised proffers dated November 21, 1994. This motion was seconded by Supervisor Hyland and carried by a vote of six, Supervisor Bulova, Supervisor Frey, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Alexander moved waiver of the transitional screening and barrier requirements along a portion of the northern property boundary (across realigned Oakwood Road), pursuant to paragraph five, Section 13-304 of the Zoning Ordinance. This motion was seconded by Supervisor Hyland and carried by a vote of six, Supervisor Bulova, Supervisor Frey, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Alexander moved modification of the transitional screening requirement in lieu of the existing vegetation and waiver of the barrier requirement, subject to the proffers pursuant and paragraph three of Section 13-304. This motion was seconded by Supervisor Hyland and carried by a vote of six, Supervisor Bulova, Supervisor Frey, and Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Alexander moved that the Board adopt the following Resolution:

WHEREAS, the property that is the subject of Rezoning Application RZ 94-L-035 is subject to covenants that restrict the development of such property; and

WHEREAS, such covenants were given in connection with the prior rezoning of the property; and

WHEREAS, the Board of Supervisors of Fairfax County, Virginia, is not a former party to the covenants but is identified in such covenants as the Zoning authority; and

WHEREAS, owner of the property affected by the covenants and the parties to whom such covenants run have agreed to release and rescind the covenants provided the Board first approves the rezoning of the property to the PDC District subject to the proffered conditions; and

WHEREAS, the owner of the property and the parties to whom the covenants run have requested the Board to execute the document they have entered into that releases and rescinds the covenants solely for the purpose of confirming that the Board does not object to that release and rescission of the covenants, and that the Board has approved RZ 94-L-035 and thereby rezoned the property to the PDC District subject to the proffered conditions; and

WHEREAS, the Board does not object to the release and rescission of the covenants; and

WHEREAS, the Board has approved RZ 94-L-035 and thereby rezoned the property to the PDC District subject to the proffered conditions;

NOW THEREFORE, BE IT RESOLVED that the County Executive is authorized and directed on behalf of the Board to execute the document referred to herein that releases and rescinds the covenants which affect the property that is the subject of RZ 94-L-035.

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

124. ORDERS OF THE DAY (Tape 14)

Due to Supervisor Frey's need to continue consultations in the Conference Room, Vice-Chairman McConnell announced a change in the Orders of the Day to proceed with the 5:30 p.m. - Board Decision on Special Exception Amendment Application SEA 79-P-108 (Iliff Nursing Home, Incorporated) (Providence District) and 5:00 p.m. -PH to Receive Public Comment on Issues of Concern. She stated the Board would resume its regular schedule upon the return of Supervisor Frey to the Board Auditorium.

125. 5:30 P.M. - DEFERRAL OF BOARD DECISION ON SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 79-P-108 (ILIFF NURSING HOME, INCORPORATED) (PROVIDENCE DISTRICT) (Tape 14)

(NOTE: The public hearing was held on November 22, 1994, and Board decision deferred until December 12, 1994.)

Supervisor Hanley moved to again defer Board decision on Special Exception Amendment Application SEA 79-P-108 until January 23, 1995 at 4:00 p.m. This motion was seconded by Supervisor Bulova and carried by a vote of seven, Supervisor Frey and Chairman Davis being out of the room, Supervisor Trapnell being absent.

126. 5:00 P.M. - PH TO RECEIVE PUBLIC COMMENT ON ISSUES OF CONCERN (Tape 14)

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 November 25 and December 2, 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 Office of the Chairman to the Board (703-324-2321) to register to speak and provide their names, addresses, phone numbers, and topics they wish to address.

Following the testimony of Scott L. Stevenson regarding the Park Authority's proposal for a miniature recreation vehicle (go-cart) track at Braddock Park, Supervisor Hyland moved that the Board:

Following discussion, Vice-Chairman McConnell relinquished the Chair to Acting-Chairman Alexander and moved to amend the motion to direct staff to set up a meeting as expeditiously as possible with the Park Authority for discussion of this project. This motion was seconded by Supervisor Bulova and carried by a vote of eight, Chairman Davis being out of the room, Supervisor Trapnell being absent.

The question was then called on the main motion, as amended, which carried by a vote of eight, Chairman Davis being out of the room, Supervisor Trapnell being absent.

Acting-Chairman Alexander returned the gavel to Vice-Chairman McConnell.

(NOTE: Later in the meeting, there was additional public comment on issues of concern. See Clerk's Summary Item CL#129.)

127. 5:00 P.M. - BOARD DECISION ON THE SALE OF A PORTION OF THE COUNTY-OWNED PROPERTY LOCATED AT 5252 SUNRISE GREEN (SULLY DISTRICT) (Tape 14)

(R) (NOTE: Earlier in the meeting, the public hearing was held and Board decision deferred. See Clerk's Summary Item CL#120.)

Supervisor Frey moved adoption of the Resolution authorizing the sale of a portion of the County-owned property located at 5252 Sunrise Green to Mr. Kevin R. Kettle. This motion was seconded by Supervisor Berger and carried by a vote of eight, Chairman Davis being out of the room, Supervisor Trapnell being absent.

128. 5:00 P.M. - PH ON PROPOSED AREA PLANS REVIEW (APR) ITEMS 94-III-2BR, 94-III-3BR, AND 94-III-10FC IN THE VICINITY OF CENTREVILLE FARMS (SULLY DISTRICT) (Tapes 14-17)

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 November 4 and November 10 1994.

Following the public hearing, which included testimony by 14 speakers, Supervisor Frey moved that the Board approve Area Plans Review (APR) Items 94-III-2BR, 94-III-3BR, and 94-III-10FC as recommended by the Planning Commission on October 5, 1994, and as revised by staff in the text dated December 7, 1994, with the following amendments:

This motion was seconded jointly by Supervisor Alexander and Supervisor Dix.

Supervisor Bulova moved a substitute motion that the Board remand APR Items 94-III-2BR, 94-III-3BR, and 94-III-10FC back to the Planning Commission for consideration, to allow more time for all for the residents in the Centreville Farms area to work towards a compromise. This motion was seconded by Supervisor Hyland.

Following discussion, Supervisor Berger moved to call the question on the substitute motion. This motion was seconded by Supervisor Hyland. (NOTE: There was no vote taken on this motion.)

The question was called on Supervisor Bulova's substitute motion which FAILED by a recorded vote of six, Supervisor Bulova and Supervisor Hyland voting "AYE," Chairman Davis being out of the room, Supervisor Trapnell being absent.

The question was then called on the main motion which CARRIED by a recorded vote of six, Supervisor Bulova abstaining, Supervisor Hyland voting "NAY," Chairman Davis being out of the room, Supervisor Trapnell being absent.

Supervisor Frey expressed his appreciation to the staff of the Office of Comprehensive Planning (OCP) and Office of Transportation (OT) for their concentrated efforts, particularly during the past week, in the presentations for this hearing.

129. 5:00 P.M. - CONTINUATION OF PH TO RECEIVE PUBLIC COMMENT ON ISSUES OF CONCERN (Tape 17)

(NOTE: Earlier in the meeting, there was additional testimony. See Clerk's Summary Item CL#126.)

The public hearing was continued to receive comment on issues of concern and included testimony by the following speakers:

130. 5:00 P.M. - PH TO RECEIVE COMMENT FROM FAIRFAX COUNTY BUSINESSES ON ISSUES OF CONCERN (No Tape)

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 November 25 and December 2,1994.

Businesses of Fairfax County are encouraged to present their views on issues of concern. The Board will hear business 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 business speaker may have up to three minutes and a maximum of 10 speakers will be heard. Businesses must call the Office of the Clerk to the Board (703-324-3151) to register to speak and provide their names, addresses, phone numbers and topics they wish to address.

There were no speakers for this public hearing.

131. 5:30 P.M. - BOARD DECISION ON SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 79-P-108 (ILIFF NURSING HOME, INCORPORATED) (PROVIDENCE DISTRICT) (No Tape)

(NOTE: Earlier in the meeting, the Board decision on Special Exception Amendment Application SEA 79-P-108 was again deferred until January 23, 1995 at 4:00 p.m. See Clerk's Summary Item CL#125.)

132. 5:30 P.M. - PH ON PROFFERED CONDITION AMENDMENT PCA 89-P-068, REZONING APPLICATIONS RZ 94-P-025 AND RZ 94-P-026 (J.A. LOVELESS HOMES III, INCORPORATED) (PROVIDENCE DISTRICT) (No Tape)

(NOTE: Earlier in the meeting, these public hearings were held. See Clerk's Summary Item CL#108.)

ADDITIONAL BOARD MATTERS

133. LOCATION FOR PERFORMANCES OF VIRGINIA OPERA (Tape 17)

With a notation that the Virginia Opera, which is based in Norfolk, is searching for locations in Northern Virgina for performances, Supervisor Hanley asked unanimous consent that the Board direct staff to explore the possibility of having the Virginia Opera use the Board Auditorium at the Government Center on a Saturday evening in the Spring of 1995 for a no-admission charge performance. Without objection, it was so ordered with the stipulation that this group should also be advised that there are many other excellent locations in Northern Virginia to hold such a performance.

134. RESIGNATION OF THOMAS M. DAVIS, III, CHAIRMAN OF THE BOARD (Tape 17)

Supervisor Alexander noted, for the record, the official letter of resignation received this date from Thomas M. Davis, III, Chairman of the Board, effective with the close of business on December 31, 1994.

135. ADDITIONAL APPOINTMENTS TO THE SITE SELECTION TASK FORCE (Tape 17)

(APPTs)

(NOTE: Earlier in the meeting, there were other appointments to the Site Selection Task Force. See Clerk's Summary Items CL#15 and CL#109.)

Supervisor Dix moved to confirm the appointments to the Site Selection Task Force of Mr. Dick Nolan as the Fairfax County Athletic Council (Principal) Representative with the Alternate representative being Mr. Harold Leff. This motion was seconded by Supervisor Frey and carried by a vote of eight, Chairman Davis being out of the room, Supervisor Trapnell being absent.

136. SERIOUS ILLNESS OF FORMER DELEGATE BOB CUNNINGHAM (Tape 17)

Vice-Chairman McConnell informed Board Members of the serious illness of Former Delegate Bob Cunningham and asked that everyone remember him in their prayers.

137. HAPPY HOLIDAY WISH (Tape 17)

Prior to adjourning for the evening, Vice-Chairman McConnell wished everyone a Happy Holiday!

138. BOARD ADJOURNMENT (Tape 17)

At 10:50 p.m., the Board adjourned.