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CLERK'S BOARD SUMMARY

MONDAY, MARCH 13, 1995

AM:am

The meeting was called to order at 9:40 a.m. with all Members being present, with the exception of Supervisor Alexander, and with Chairman Hanley presiding.

Supervisor Alexander arrived at 9:45 a.m.

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.

BOARD MATTER

2. MOMENT OF SILENCE FOR THE LATE EDITH STREETT (Tape 1)

Supervisor McConnell stated that Mrs. Edith Streett of Springfield died on February 27 as a result of lung cancer. Among her many personal achievements which benefited both the Springfield District and Fairfax County residents, she served for many years as the Springfield District Representative to the Advisory Social Services Board.

Supervisor McConnell asked the Board to join in sharing a moment of silence in memory of Mrs. Streett.

3. CERTIFICATE OF RECOGNITION PRESENTED TO MS. JEANETTE SHERIDAN FOR HER OUTSTANDING WORK AND COMMITMENT TO THE FAIRFAX COURT TOUR PROGRAM (Tape 1)

Supervisor Frey moved approval of the Certificate of Recognition presented to Ms. Jeanette Sheridan for her outstanding work and commitment to the Fairfax Court Tour Program. This motion was seconded by Chairman Hanley and carried by a vote of eight, Supervisor Alexander not yet having arrived.

4. PROCLAMATION DESIGNATING THE MONTH OF MARCH, 1995 AS "MENTAL RETARDATION AWARENESS MONTH" IN FAIRFAX COUNTY (Tape 1)

Supervisor Bulova moved approval of the Proclamation presented to the following individuals:

designating the month of March, 1995 as "Mental Retardation Awareness Month" in Fairfax County. This motion was seconded by Supervisor Hyland and carried by unanimous vote.

5. PROCLAMATION DESIGNATING THE MONTH OF MARCH, 1995 AS "KIDNEY MONTH" IN FAIRFAX COUNTY (Tape 1)

Chairman Hanley relinquished the Chair to Vice-Chairman Dix and moved approval of the Proclamation presented to Dann P. Stringer, Chairman of the National Kidney Foundation of the National Capital Area, Incorporated, designating March, 1995 as "Kidney Month" in Fairfax County. This motion was seconded by Supervisor Hyland and carried by unanimous vote.

Vice-Chairman Dix returned the gavel to Chairman Hanley.

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6. PRESENTATION OF THE FISCAL YEAR (FY) 94 ANNUAL REPORT OF THE FAIRFAX COUNTY ADVISORY SOCIAL SERVICES BOARD (ASSB) (Tape 2)

(BACs)

Following a presentation of the Fiscal Year (FY) 94 Annual Report of the Fairfax County Advisory Social Services Board (ASSB) by Dr. Ruth G. Thomas, Chairman, ASSB, there was a question-and-answer period among Board Members and Dr. Thomas.

Chairman Hanley announced that the Board has scheduled a Human Services Subcommittee Meeting on March 27, 1995 at 8:00 a.m. to discuss several of the issues that were presented this morning.

Following discussion, with input from Suzanne Manzo, Director, Department of Family Services, Supervisor McConnell asked unanimous consent that the Board direct staff to explore the possibility of using the County's unused office buildings by converting them into apartments and renting them at a reasonable rate as an alternative to the County's renting motel rooms for low income persons and families. Without objection, it was so ordered.

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

Without objection, it was so ordered.

Supervisor Hyland asked unanimous consent that the Board direct staff to report on the impact of the State Budget as well as the proposed Federal Welfare Reform regarding:

and incorporate those issues into the budget process. Without objection, it was so ordered.

Supervisor Dix asked unanimous consent that the Board direct staff to report on the status of County adoption services regarding:

Without objection, it was so ordered.

Supervisor Dix asked unanimous consent that the Board direct staff to provide information on:

Without objection, it was so ordered.

Supervisor Hyland moved that the Board form a Task Force, or a staff working group, to:

This motion, the second to which was inaudible, carried by a vote of eight, Supervisor Frey being out of the room.

7. 10:15 A.M. - VIDEOTAPE PRESENTATION OF AN INTRODUCTORY SEGMENT OF THE HISTORY CHANNEL (Tape 2)

(NOTE: At its meeting on January 23, 1995, the Board requested staff to schedule this videotape presentation to be shown at the Board meeting of February 27, 1995. On February 27, 1995, the Board deferred this to March 13, 1995.)

Following a videotape presentation of an introductory segment of the History Channel, a brief discussion ensued.

8. 10:15 A.M. - REPORT ON GENERAL ASSEMBLY ACTIVITIES (Tape 2)

Supervisor Dix, Chairman, Board's Legislative Subcommittee, briefly outlined the 1995 General Assembly Final Status Report and called the Board's attention to House Bill Number HB 1843, which has been approved by the General Assembly and is now before the Governor for action. He explained that HB 1843 would permit the sale of premixed rum, brandy, gin, and whiskey drinks by the 5000 grocery, drug, and convenience stores with off-premises beer and wine licenses in Virginia.

Supervisor Dix moved that the Board direct the Chairman to send a letter on behalf of the Board to Governor Allen requesting him not to endorse this Bill and sign it into law. This motion was seconded by Supervisor Trapnell and carried by unanimous vote

Chairman Hanley called the Board's attention to handwritten page three of the Report which stated that with regard to House Bill HB 1588 there was a transcription error and that a patron and 15 other members of the Delegation have written to the Governor asking him to correct it. Accordingly, Chairman Hanley relinquished the Chair to Vice-Chairman Dix and asked unanimous consent that the Board direct staff to request, on behalf of the Board, the Governor to correct the error. Without objection, it was so ordered.

Supervisor Hanley asked unanimous consent that the Board direct staff to provide a response on the following transportation issues:

Without objection, it was so ordered.

Vice-Chairman Dix returned the gavel to Chairman Hanley.

Noting that technology funds were approved by the General Assembly, Supervisor Frey asked unanimous consent that the Board direct staff to report to the Budget SubCommittee with information regarding:

Without objection, it was so ordered.

Chairman Hanley relinquished the Chair to Vice-Chairman Dix and moved that the Board direct staff to communicate with the Governor urging him to sign the State Budget. This motion was seconded by Supervisor Hyland and carried by unanimous vote.

Vice-Chairman Dix returned the gavel to Chairman Hanley.

9. ADMINISTRATIVE ITEMS (Tapes 2-3)

Supervisor Alexander moved approval of the Administrative Items. This motion was seconded by Supervisor Hyland.

Supervisor Frey called the Board's attention to Administrative Item Seven - Authorization to Advertise Publication of the Fiscal Year (FY) 1996 Budget and Required Tax Rates and asked to amend the motion to consider this item separately, and this was accepted.

The question was called on the motion, as amended, which carried by unanimous vote.

ADMIN 1 - STREETS INTO THE SECONDARY SYSTEM (LEE, PROVIDENCE AND SULLY DISTRICTS)

(R) Approved the request that certain streets listed in the Memorandum to the Board dated March 13, 1995 be recommended for acceptance into the State Secondary System as follows:

Subdivision District Street

Wright's Overlook Lee Davis Drive

Grenfell Subdivision Providence Chariton Street

Route 34384

Centre Ridge Sully Machen Road

(Machen Road East) Route 5401, 4 Lanes

ADMIN 2 - AUTHORIZATION FOR THE HEALTH DEPARTMENT TO APPLY TO THE NORTHERN VIRGINIA PLANNING DISTRICT COMMISSION (NVPDC) FOR COMPREHENSIVE AIDS RESOURCES EMERGENCY ACT FUNDS

Authorized the Health Department to submit a grant application to the Northern Virginia Planning District Commission (NVPDC) for Comprehensive AIDS Resources Emergency (CARE) Act funds in the amount of $12,388. These Title I CARE Act funds will be used to provide medical services to indigent, HIV-infected patients in the Case Management Program.

ADMIN 3 - PERMISSION FOR THE FIRE AND RESCUE DEPARTMENT TO APPLY FOR THE RESCUE SQUAD ASSISTANCE FUND GRANT

Authorized the Fire and Rescue Department's submission of a Virginia Rescue Squad Assistance Fund (RSAF) grant application for $218,850 to the Virginia Department of Health, Office of Emergency Medical Services. This grant will fund essential emergency medical services (EMS) equipment required by the EMS Task Force Report.

ADMIN 4 - FAIRFAX COUNTY POLICE DEPARTMENT GRANT APPLICATION TO THE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, FOR THE MAKING OFFICER REDEPLOYMENT EFFECTIVE PROGRAM (COPS MORE)

Approved the Fairfax County Police Department's application to the Office of Community Oriented Policing Services in the amount of $355,928, with a cash match from Fairfax County of $118,642, to enable the purchase of 30 interactive workstations to train officers in community policing concepts.

ADMIN 5 - AUTHORIZATION OF A PUBLIC HEARING ON THE VACATION OF DEDICATED RIGHT-OF-WAY IN THE MEMORIAL HEIGHTS SUBDIVISION (MOUNT VERNON DISTRICT)

(A) Authorized a public hearing to be held before the Board of Supervisors on April 17, 1995 at 4:00 p.m. on the proposed vacation of a portion of dedicated right-of-way in the Memorial Heights Subdivision which adjoins Preston Avenue (Route 6974).

ADMIN 6 - AUTHORIZATION TO ADVERTISE A PUBLIC HEARING FOR THE ENLARGEMENT, DE-CREATION/RE-CREATION OF SMALL AND LOCAL SANITARY DISTRICTS FOR REFUSE AND LEAF COLLECTION SERVICE (MOUNT VERNON AND PROVIDENCE DISTRICTS)

(A) Authorized the advertisement of a public hearing to be held before the Board of Supervisors on April 17, 1995 at 3:30 p.m. on the following small and local sanitary districts for refuse and leaf collection service in accordance with the Board of Supervisors' criteria for the Creation/Enlargement/Withdrawal of Small or Local Sanitary Districts:

SANITARY DISTRICTACTIONSERVICERECOMMENDATION

Small District 1 De-Create/Leaf Deny

within Providence Re-Create

District (Merri Falls

Plaza)

Local District B EnlargeRefuseApprove

within Small District 1 and Leaf

within Mount Vernon

District

ADMIN 7 - AUTHORIZATION TO ADVERTISE PUBLICATION OF THE FISCAL YEAR (FY) 1996 BUDGET AND REQUIRED TAX RATES

(Note: Later in the meeting, action was taken on this item. See Clerk's Summary Item CL#10.)

ADMIN 8 - ADVERTISEMENT OF PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 67 (SANITARY SEWERS AND SEWAGE DISPOSAL) TO REVISE THE SEWER SERVICE CHARGES AND THE AVAILABILITY FEES (COUNTYWIDE)

(A) Authorized the advertisement of a public hearing to be held before the Board of Supervisors on April 17, 1995 at 4:00 p.m. on proposed amendments to the Code of the County of Fairfax, Chapter 67 (Sanitary Sewers and Sewage Disposal) to revise the Sewer Service Charges and the Sewer Availability Fees, to become effective July 1, 1995.

10. ADMIN 7 - AUTHORIZATION TO ADVERTISE PUBLICATION OF THE FISCAL YEAR (FY) 1996 BUDGET AND REQUIRED TAX RATES (Tape 3)

(A) (Note: Earlier in the meeting, a request was made to consider this item separately. See Clerk's Summary Item CL#9.)

Following discussion, Supervisor Frey moved that the Board authorize the advertisement of public hearings to be held before the Board of Supervisors on April 17, 18, and 19, 1995 on the following:

This motion was seconded by Supervisor Hyland.

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

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11. A-1 - ENDORSEMENT OF CONSULTANT'S PROPOSED FAIRFAX COUNTY COMPENSATION PHILOSOPHY (Tape 4)

Supervisor Trapnell moved that the Board concur in the recommendation of staff and approve the proposed Fairfax County Compensation Philosophy as developed by The Wyatt Company. This motion was seconded by Supervisor Berger.

Following discussion, with input from William J. Leidinger, County Executive, and Peter J. Schroth, Director, Office of Personnel, Supervisor Dix moved a substitute motion to defer this item and schedule a workshop for the purpose of further discussion of the consultant's compensation study. This motion was seconded by Supervisor Trapnell with a notation that this matter could be returned for consideration by the Board later today, and this was accepted. The question was called on the motion, as amended, which carried by unanimous vote.

(NOTE: Later in the meeting, action was taken by the Board on this item. See Clerk's Summary Items CL#95 and CL#100.)

12. A-2 - STREET NAME CHANGE FOR A PORTION OF SNOWPEA COURT (LEE DISTRICT) (Tape 4)

On motion of Supervisor Alexander, seconded by Supervisor Hyland, and carried by unanimous vote, the Board concurred in the recommendation of staff and approved the street name change in the Official Street Names and Property Numbering Atlas for a portion of Snowpea Court to Coxton Court. The portion to be renamed is from the intersection of Snowpea Court on the north side of Cyrene Boulevard to the end of the street on Tax Map Reference 092-4.

13. A-3 - BOARD APPROVAL FOR PROVIDING BUILDING OPERATION AND MAINTENANCE SERVICES AT THE HERRITY AND PENNINO BUILDINGS (Tape 4)

Supervisor Berger moved that the Board concur in the recommendation of staff and approve a public-private partnership arrangement with the Department of General Services, Facilities Management Division providing building maintenance service, and Arrow General, Incorporated providing custodial and landscaping services. This motion was seconded by Supervisor Alexander.

Following discussion, with input from Fred K. Kramer, Director, Department of General Services, the question was called on the motion which carried by unanimous vote.

14. ORDERS OF THE DAY (Tape 4)

Chairman Hanley announced that the Orders of the Day would be changed in order to proceed with the presentation by the Economic Development Authority (EDA) of its 1994 Annual Report.

15. 11:15 A.M. - PRESENTATION BY THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) OF ITS 1994 ANNUAL REPORT (Tape 4)

(BACs)

Patricia M. Woolsey, Chairman, Fairfax County Economic Development Authority (EDA) presented the EDA's 1994 Annual Report.

Following discussion, Chairman Hanley relinquished the Chair to Vice-Chairman Dix and moved that the Board refer the EDA report to the Budget Subcommittee for consideration. This motion was seconded by Supervisor McConnell.

Following further discussion, with input from Gerald L. Gordon, Executive Director, EDA, the question was called on the motion which carried by unanimous vote.

Vice-Chairman Dix returned the gavel to Chairman Hanley.

Supervisor Bulova moved approval of the presentation of the Certificates of Recognition presented to the following businesses recently locating to Fairfax County:

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

16. C-1 - ALLOCATION OF REGIONAL MARKETING APPROPRIATION (Tapes 4-5)

The Board next considered an Item contained in the Memorandum to the Board dated March 13, 1995 regarding the Fairfax County Economic Development Authority Commission's recommendation of a $150,000 allocation in Fiscal Year (FY) 95 to the Greater Washington Board of Trade.

Supervisor Alexander moved approval of the $150,000 allocation. This motion was seconded by Supervisor Frey for the purpose of discussion.

Following discussion, with input from Gerald L. Gordon, Executive Director, EDA, and Jack McLean, Managing Partner of the Greater Washington Initiative, the question was called on the motion which CARRIED by a recorded vote of five, Supervisor Berger abstaining, Supervisor Alexander and Supervisor Trapnell voting "NAY," Supervisor Dix being out of the room.

Supervisor Frey moved that the Board direct the County Executive to provide to the Budget Subcommittee, prior to the Fiscal Year (FY) 1996 budget deliberations, more detailed information regarding the:

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

17. C-2 - FINANCING OF THE CEDAR RIDGE BONDS BY THE FAIRFAX COUNTY REDEVELOPMENT AND HOUSING AUTHORITY (FCRHA) (HUNTER MILL DISTRICT) (Tape 5)

(R) The Board next considered an Item contained in the Memorandum to the Board dated March 13, 1995 regarding the issuance of tax-exempt Multi-Family Housing Revenue Bonds for the Fairfax County Redevelopment and Housing Authority (FCRHA) as provided for in the "Uniform Policy for Issuance of Economic Development Authority Industrial Development Bonds" adopted March 7, 1983, by the Board.

Following discussion, Supervisor Dix moved adoption of the Resolution approving the issuance of tax-exempt Multi-Family Housing Revenue Bonds for the FCRHA. This motion was seconded by Supervisor Alexander and carried by unanimous vote.

18. I-1 - REFUNDING OPTION SALE ON THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) RESOURCE RECOVERY BONDS (MOUNT VERNON DISTRICT) (Tape 5)

The Board next considered an Information Item contained in the Memorandum to the Board dated March 13, 1995 presenting the refunding option on the Economic Development Authority (EDA) Resource Recovery Bonds. Any scenario of "loss" will require an overt act of the Solid Waste Authority to breach the contract and actually issue refunding bonds to another party.

Following a query from Supervisor Hyland and input from James P. McDonald, Deputy County Executive for Management and Budget, the staff was directed administratively to proceed as proposed.

19. I-2 - DISPOSITION OF COUNTY-OWNED PROPERTY LOCATED AT 3521 MONCURE AVENUE (MASON DISTRICT) (Tape 5)

The Board next considered an Information Item contained in the Memorandum to the Board dated March 13, 1995 requesting authorization for staff to proceed to dispose of the property located at 3521 Moncure Avenue in Bailey's Crossroads, Tax Map Reference 61-2((19))5A by public auction in accordance with the Board Resolution adopted on February 29, 1988. The public auction of the property is tentatively scheduled for March 31, 1995. Staff will submit the successful bid for Board approval at a public hearing tentatively scheduled for May 1, 1995 at 3:30 p.m.

The staff was directed administratively to proceed as proposed.

20. I-3 - DOCUMENTATION OF HERITAGE RESOURCES PRIOR TO DEMOLITION OF TURLEY HALL (SULLY DISTRICT) (Tape 5)

The Board next considered an Information Item contained in the Memorandum to the Board dated March 13, 1995 presenting the documentation of the Heritage Resources Branch, Office of Comprehensive Planning (OCP) prior to demolition of Turley Hall.

There was a brief discussion regarding this item.

21. I-4 - AWARD OF CONTRACT - OLDER WORKER EMPLOYMENT SERVICES (Tape 5)

The Board next considered an Information Item contained in the Memorandum to the Board dated March 13, 1995 requesting authorization for staff to award a contract to International Professional Resources, Incorporated (IPR) in the amount of $255,829 for

a three year term for employment services to persons age 55 and over, regardless of income, who reside in Fairfax County, City of Falls Church or Fairfax City.

Supervisor Dix disclosed that RBD Associates, a consulting firm which he owns, has a contractual and consulting relationship with IPR and accordingly, he disqualified himself from any participation in the consideration or discussion of this item. Supervisor Dix pointed out for the record, however, that he entered this relationship with IPR on February 1, 1995, well after its efforts to respond to the Request for Proposal (RFP) discussed in this item had commenced and he was not involved in nor had any knowledge of IPR's efforts regarding this RFP until after entering into this relationship and was not involved in IPR's response to the RFP.

Following discussion, with input from staff, Supervisor Hyland asked unanimous consent that the Board defer this item until later in the day in order to allow staff time to respond with information regarding the differences in the dollar amounts and technical expertise of the offerors for this RFP. Without objection, it was so ordered.

(NOTE: Later in the meeting, there was additional action on this item. See Clerk's Summary Item CL#82.)

22. I-5 - AWARD OF CONTRACT FOR ADVERTISING SERVICES FOR THE ECONOMIC DEVELOPMENT AUTHORITY (Tape 5)

The Board next considered an Information Item contained in the Memorandum to the Board dated March 13, 1995 requesting authorization for staff to award a contract to Siddall, Matus and Coughter, Incorporated, for professional advertising services to prepare the County's marketing plan. This contract will be valid through June, 1996.

The staff was directed administratively to proceed as proposed.

23. I-6 - AWARD OF CONTRACT - STUDY OF SERVICE-CONNECTED DISABILITY PROVISIONS FOR THE BOARD OF TRUSTEES OF THE UNIFORMED RETIREMENT SYSTEM (Tape 5)

The Board next considered an Information Item contained in the Memorandum to the Board dated March 13, 1995 requesting authorization for staff to award a contract to EFI Actuaries in the amount of $53,000 for a study of the County's service-connected disability provisions of the Uniformed Retirement System.

The staff was directed administratively to proceed as proposed.

24. I-7 - CONTRACT AWARD - CONSTRUCTION OF THE SHADE DEMONSTRATION GARDEN AT GREEN SPRING GARDENS PARK (MASON DISTRICT) (Tape 5)

The Board next considered an Information Item contained in the Memorandum to the Board dated March 13, 1995 requesting authorization for staff to award a contract to Nekoosa Contracting Cooperation in the amount of $43,000 for construction of the Shade Demonstration Garden at Green Spring Gardens Park as part of Project 475188, Horticulture Program, Subfund 451, Park Authority Bond Construction.

The staff was directed administratively to proceed as proposed.

25. I-8 - CHILD CARE CENTER AT FRANCONIA/SPRINGFIELD METRO CENTER (LEE DISTRICT) (Tape 5)

The Board next considered an Information Item contained in the Memorandum to the Board dated March 13, 1995 presenting the staff response to the request by the Board regarding the possibility of establishing a child care center at the Franconia/Springfield Metro Center.

Supervisor Alexander expressed his appreciation to staff for this update and asked unanimous consent that the Board direct staff to continue its monitoring of this project and presentation of these informative reports. Without objection, it was so ordered.

The staff was directed administratively to proceed as proposed.

26. 11:15 A.M. - PRESENTATION BY THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) OF ITS ANNUAL REPORT (No Tape)

(NOTE: Earlier in the meeting, this presentation was made. See Clerk's Summary Item CL#15.)

ADDITIONAL BOARD MATTERS

27. INFORMATION TECHNOLOGY (Tape 5)

Chairman Hanley noted that the field of technology is a relatively new one, and the procurement of information technology items presents a unique set of problems, most having to do with the extremely rapid pace of change in both the state-of-art and in pricing. It has become increasingly clear that the current County procurement process is not adequate to meet these needs or solve these problems.

With a notation that the Information Technology Advisory Group (ITAG) will reconvene in the near future, Chairman Hanley relinquished the Chair to Vice-Chairman Dix and moved that the Board request ITAG to study the problems associated with procurement of high technology items, and specifically the inability of the current system to react to rapid changes in price and the obsolescence of certain technologies associated with the rapid evolution of the technology marketplace. This motion was seconded by Supervisor Bulova and carried by a vote of eight, Supervisor Frey being out of the room.

28. COMMENDATION FOR INVESTIGATOR MICHAEL D. KERNS AND THE FAIR OAKS DISTRICT STATION FOR OUTSTANDING WORK ON MEDIA GENERAL CABLE CASE (Tape 5)

Supervisor Hanley stated that the Fairfax County Police Department is continually recognized for its outstanding work, and the Fairfax Journal has again brought to the citizens' attention the excellent performance of the Police Department in an article about the "cybercop." Investigator Michael D. Kerns of the Fair Oaks District Station used high-tech detective work to bring an end to an embezzlement scheme that cost Media General Cable an estimated $40 million in service.

Supervisor Hanley noted that, in the newspaper article, Investigator Kerns indicated that when it comes to technology, the Police Department needs to start catching up with the times. A local small businessman, Hsin Yen of InteliSys, Incorporated, manufacturer of personal computers and provider of technical services, assisted the Fair Oaks District Station with its new high-tech efforts. Mr. Yen assisted Investigator Kerns and the Station by improving their technology to handle the Media General case. In addition, Mr. Yen often volunteers his services and equipment for use at the Station.

Accordingly, Supervisor Hanley moved that the Board commend Investigator Michael D. Kerns and the Fair Oaks District Station for their outstanding work on this case, and invite Mr. Yen to appear before the Board so that it can express its appreciation for all the assistance his business has given to the Station. This motion was seconded by Supervisor McConnell and carried by a vote of seven, Supervisor Alexander and Supervisor Frey being out of the room.

29. CREATION OF THE VIRGINIA INSTITUTE OF GOVERNMENT TO BE STAFFED BY THE WELDON COOPER CENTER FOR PUBLIC SERVICE, UNIVERSITY OF VIRGINIA (Tape 5)

Supervisor Hanley stated that, in the 1994 General Assembly Session, legislation was passed which created the Virginia Institute of Government to be staffed by the Weldon Cooper Center for Public Service, University of Virginia. The threefold purpose of the Institute is to supply training, information and technical assistance to its members.

As part of the authorization of the Institute, funds equivalent to half the operating costs were identified by the General Assembly for the first three years beginning July 1, 1994. The other half is anticipated to come from the members of the Institute. A population driven formula has been created and the cost for the County of Fairfax to be a member is $20,000 annually; however, due to start-up considerations, the first year has been prorated to half that amount.

Since the budget approved by the General Assembly retains the funding for the Institute for this fiscal year and next, Supervisor Hanley moved that the Board refer this matter to the Budget Subcommittee for consideration of the inclusion of $10,000 for the Virginia Institute of Government in the Third Quarter Budget Review, and $20,000 for the Fiscal Year 1996 Budget for consideration by the Board. This motion was seconded by Supervisor Bulova and carried by a vote of seven, Supervisor Alexander and Supervisor Frey being out of the room.

30. NATIONAL COUNTY GOVERNMENT WEEK, APRIL 2-8, 1995 (Tape 5)

Supervisor Hanley moved adoption of the Resolution declaring the week of April 2-8, 1995, as National County Government Week, with this year's theme being "Services to Children" which highlights counties' responsibilities to ensure that children have the opportunity to grow in a nurturing environment in order to become self-reliant and productive adults. This motion was seconded by Supervisor Hyland and carried by a vote of eight, Supervisor Alexander being out of the room.

31. REQUEST TO EXPEDITE PROCESSING OF REZONING APPLICATION RZ 95-P-007 AND SPECIAL EXCEPTION APPLICATION SE 95-P-008 AT LUTHER JACKSON MIDDLE SCHOOL (Tape 5)

Supervisor Hanley moved that the Board direct staff to expedite the processing of Rezoning Application RZ 95-P-007 and Special Exception Application SE 95-P-008 in order to allow the applicant to begin this project at the Luther Jackson Middle School while school is not in session this summer. She added that this request is made with the understanding that this motion does not relieve the applicant from compliance with the provisions of any applicable ordinances, regulations or adopted standards, and does not prejudice the consideration of the application in any way. This motion was seconded by Supervisor Bulova and carried by a vote of eight, Supervisor Alexander being out of the room.

32. REQUEST TO SCHEDULE PUBLIC HEARING FOR REZONING APPLICATION RZ 95-P-001 (Tape 5)

Supervisor Hanley moved that the Board direct staff to schedule a public hearing on Rezoning Application RZ 95-P-001 to be heard by the Board on June 5, 1995 at 3:30 p.m. She added that this motion does not relieve the applicant from compliance with the provisions of any applicable ordinances, regulations or adopted standards, and does not prejudice the consideration of the application in any way. This motion was seconded by Supervisor Hyland and carried by a vote of eight, Supervisor Alexander being out of the room.

Vice-Chairman Dix returned the gavel to Chairman Hanley.

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33. EFFORTS TO OBTAIN A BASEBALL TEAM IN NORTHERN VIRGINIA (Tape 6)

Supervisor Dix expressed his appreciation to the Board Members, David Birtwistle, Director of Marketing, Economic Development Authority (EDA), and staff for their support in the efforts to obtain a baseball team for Northern Virginia. He said that there were positive indications from Major League Baseball about their interest and desire to be in Northern Virginia either in the next round of expansion or as a site for a relocation of an existing team.

Supervisor Dix also expressed his appreciation to Loudoun County, Fairfax County Sully District Supervisor Michael Frey and the citizens for their input.

Supervisor Frey expressed his appreciation to Hunter Mill District Supervisor Robert B. Dix and his staff.

34. APPOINTMENT TO THE RESTON COMMUNITY CENTER BOARD OF GOVERNORS (Tape 6)

(APPT)

Supervisor Dix moved that the Board confirm the appointment of Mr. Bill Thomson to the Reston Community Board of Governors, to fill the unexpired term of Mr. Byron Kolding (through October 31, 1996). This motion was seconded by Chairman Hanley and carried by a vote of eight, Supervisor Alexander being out of the room.

35. EXPEDITIOUS FILING OF SPECIAL EXCEPTION APPLICATION FILED BY AMERICAN PERSONAL COMMUNICATIONS (APC) (Tape 6)

Supervisor Dix said that American Personal Communications (APC) has entered into a sublease agreement with Media General to collocate facilities on the existing tower at Fairfax County Fire Station Number 31, located at 2610 Reston Parkway, Tax Map Reference 26-3((1))22. APC has filed a Special Exception Application to locate its facilities at the site and to increase the height of the existing tower.

Therefore, Supervisor Dix moved that the Board:

Supervisor Dix noted that these actions do not prejudice any decision on the part of the Board on the Special Exception Application.

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

36. PROFFERED CONDITION AMENDMENT APPLICATION PCA 80-C-061 (CHURCH STREET GROUP LIMITED PARTNERSHIP) (Tape 6)

Supervisor Dix said that the Planning Commission public hearing on Proffered Condition Amendment Application PCA 80-C-061 has been scheduled for March 30, 1995. The Application has been deferred from earlier public hearing dates to accommodate community input on issues associated with this Application. There now appears to be agreement among all of the neighbors regarding those issues.

Therefore, Supervisor Dix moved that the Board direct staff to schedule a public hearing before the Board on April 17, 1995 at 4:30 p.m. This motion was seconded by Supervisor McConnell and carried by a vote of eight, Supervisor Alexander being out of the room.

37. WELCOME TO FAIRFAX COUNTY SIGN (Tape 6)

Supervisor Dix reminded the Board of the issue of erecting a Welcome to Fairfax County sign on the Dulles Access and Dulles Toll Roads. He reported that the attempt to persuade the Metropolitan Washington Airports Authority (MWAA) to agree to the installation of a sign at that location have been unsuccessful.

Supervisor Dix moved that the Board authorize Chairman Hanley to communicate directly with the Chairman of MWAA and request an opportunity to meet and resolve this issue. This motion was seconded by Supervisor Bulova.

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

38. DEPARTMENT OF HUMAN DEVELOPMENT'S TRANSITIONAL HOUSING PROGRAM GRANT AWARD III (Tape 6)

Supervisor Dix said that Board Members recently received a memorandum regarding the results of the review of the Department of Human Development's Transitional Housing Program Grant Award III. Supervisor Dix asked unanimous consent that the Board refer this document to staff for review and comment in terms of some of the recommendations from William Hogan, Auditor. Without objection, it was so ordered.

39. COURTHOUSE SECURITY (Tape 6)

Supervisor Dix moved that the issue of Courthouse security (metal detectors) in the amount of $300,000 be referred to the Budget Subcommittee for review and consideration. This motion was seconded by Supervisor Trapnell.

Chairman Hanley relinquished the Chair to Acting-Chairman McConnell and asked that the motion be amended to direct staff to include a breakdown of the $300,000 and additional recommendations for other approaches to the issue, and this was accepted.

Acting-Chairman McConnell returned the gavel to Chairman Hanley.

Supervisor Hyland asked that the motion be amended to include input from the Sheriff, the Commonwealth's Attorney, and the judges, and this was accepted.

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

40. PUBLIC SAFETY - EQUIPMENT AND UNIFORM MAINTENANCE (Tape 6)

Supervisor Dix moved that the issue of equipment and uniform maintenance in the amount of $352,000 be referred to the Budget Subcommittee for review and consideration. This motion, the second to which was inaudible, carried by a vote of eight, Supervisor Alexander being out of the room.

41. FAIRFAX COUNTY COMMISSION ON ORGAN AND TISSUE TRANSPLANTATION (Tape 6)

(BACs)

Supervisor Dix asked unanimous consent that the Board direct staff to advise the Board when the first meeting of the Fairfax County Commission on Organ and Tissue Transplantation is scheduled. Without objection, it was so ordered.

42. TOWN OF VIENNA - CHURCH STREET (Tape 6)

Supervisor Dix said that the Town of Vienna has an approved Commercial Revitalization project for improvements to Church Street. Construction plans are in the process of being prepared. A preliminary cost estimate has also been prepared.

Supervisor Dix said that as a result of discussions between Town and County staff on the plans and preliminary cost estimate, the Town of Vienna has requested that they be allowed to administer the construction contract for the Church Street improvements, utilizing County bond funds.

In the interest of pursuing this request from the Town, Supervisor Dix asked unanimous consent that the Board direct staff to pursue the following:

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

43. REQUEST BOARD CONSIDERATION TO PERMIT CHANNEL 16 BROADCASTS PROVIDING CITIZENS WITH CURRENT STATUS OF WOODROW WILSON BRIDGE IMPROVEMENT STUDY (Tape 6)

Supervisor Hyland said that through the medium of the Mount Vernon Chronicle last year, he had been providing progress reports on the Woodrow Wilson Bridge Improvement Study (WWBIS). The process worked well and the citizens of Fairfax County's Mount Vernon and Lee Districts were kept informed of the status of the study.

Supervisor Hyland stated that in view of narrowing the field of crossing design alternatives and the enhanced degrees of detail now being introduced, the Project Facilitator has asked if these updates might continue through the year. Given the Policy set by the Board, the current office holders and potential candidates may not utilize the cable medium during an election year.

Therefore, Supervisor Hyland moved that the Board permit up to four different presentations by the Project Facilitator and members of the WWBIS consultant team to keep citizens of Fairfax County informed on the progress and status of the WWBIS. These presentations would not include participation by Supervisor Hyland. This motion was seconded by Supervisor Berger.

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

44. LORTON COMMUNITY ACTION CENTER REQUEST (Tape 6)

Supervisor Hyland said that he recently received a letter from the Lorton Community Action Center (LCAC) president, Molly Lynch, requesting Board consideration of adding to the Capital Improvement Program (CIP) adequate funding to construct a community center that would house at least the human services activities that the LCAC provides to the Lorton community and the Lorton Senior Citizens program.

Supervisor Hyland moved that the Board direct staff to:

This motion was seconded by Supervisor Alexander.

Chairman Hanley relinquished the Chair to Vice-Chairman Dix and asked that the motion be amended to direct staff to provide their report in time for the April 10, 1995 Budget Subcommittee meeting which includes a review of the CIP, and this was accepted.

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

Vice-Chairman Dix returned the gavel to Chairman Hanley.

45. MOUNT AIR REZONING (Tape 6)

Supervisor Hyland distributed a letter to Board Members from Mr. Carson Lee Fifer, Jr. who represents the developer for the Mount Air property. He is requesting expeditious scheduling of public hearings for this Rezoning Application. Because of the extraordinary contribution for historical preservation and dedication of more than 16 acres of land to the Park Authority and because the community intends to support this application, Supervisor Hyland said he concurs with this request.

Supervisor Hyland moved that the Board direct staff to expedite the public hearings to be scheduled before the Planning Commission and the Board for the rezoning of the Mount Air property, located on Telegraph Road in the Newington community, to be conducted not later than the Board's August recess. This motion was seconded by Supervisor Berger and carried by a vote of eight, Supervisor McConnell being out of the room.

46. CONGRESSIONAL TESTIMONY REGARDING THE DISTRICT OF COLUMBIA AND THE CLOSURE OF THE LORTON CORRECTIONAL COMPLEX (Tape 6)

Supervisor Hyland stated that this past week he was invited to give testimony before the United States House of Representatives, Committee on Government Reform and Oversight, Subcommittee on the District of Columbia. He distributed to Board Members his draft statement to be presented on Friday, March 17, 1995. He added that Chairman Hanley will be accompanying him.

Supervisor Hyland asked unanimous consent that the Board support the draft testimony to be presented to the Subcommittee on the District of Columbia on March 17, 1995. Without objection, it was so ordered.

47. GREETINGS TO POZNAN, POLAND (Tape 6)

Supervisor Bulova stated that as part of the United States Information Agency Program, Gerald Gordon, Executive Director for the Economic Development Authority (EDA), is visiting Poznan, Poland this summer, from May 26 until June 18.

Supervisor Bulova said that Poznan is the largest city in western Poland. It has a long and impressive history and culture and, unlike some other areas in eastern Europe, Poznan is greatly westernized, professional, aggressive and business-oriented. According to Mr. Gordon, Poznan is a major stop on the rail line from Berlin to Warsaw to Moscow. It has a modern road network and a reasonably good airport. Its businesses range from manufacturers to varied service providers and already include several American and other western firms (e.g., Coca-Cola, Ford, Ikea and others). One of the projects Mr. Gordon has discussed with his host in Poznan relates to the establishment of an association between Poznan and Fairfax County, the basis of which would be the ability of both areas to serve as a launching site for the other to pursue business opportunities in the markets beyond. Fairfax County can serve as a gateway for Poznanian businesses wishing to make contacts in the United States; and Poznan can become an entry-point to Eastern Europe markets for Fairfax County businesses.

Therefore, Supervisor Bulova moved that the Board direct staff to prepare for the Chairman's signature a Resolution of "Greetings, Good Wishes and Interest in a Mutually Beneficial Relationship" on behalf of the Board to be presented by Mr. Gordon to officials in Poznan, Poland, along with a Fairfax County flag. This motion was seconded by Supervisor McConnell and carried by a vote of eight, Supervisor Berger being out of the room.

48. PERMANENT CLOSURE OF GROVES LANE (Tape 6)

(R) Supervisor Bulova reminded Board Members that Braddock Road west of Route 123 is currently under construction. For almost a year the entrance to Groves Lane from Braddock Road has been closed while Braddock Road is being widened.

Supervisor Bulova said that the residents of Groves Lane and Kelley Drive have petitioned the Virginia Department of Transportation (VDOT) to keep Groves Lane permanently closed. Groves Lane is a very narrow road that cannot safely handle the high volume and speed of traffic that cuts through during the morning and evening hours as motorists attempt to avoid the light at Braddock Road and Route 123. Groves Lane has no sidewalks and almost no shoulder so pedestrian traffic and parked cars are at risk with the high volume of motorists that will cut through this neighborhood if the road is reopened.

Supervisor Bulova said that representatives of her office have met with VDOT, the Office of Transportation, the Police and residents to discuss the situation on Groves Lane. VDOT has agreed that Groves Lane should remain closed for safety reasons. She added that she has a memorandum from Chief Gaines of the Fire and Rescue Department stating that if Groves Lane were permanently closed the impact on response time would be minimal. She said she also has a memorandum from Chief Young of the Police Department stating that the delivery of police services will not be adversely impacted and the Department has no objections to the planned permanent closure. Assistant Superintendent Forte of the Public Schools has requested that a bus turnaround be provided at the end of the street.

Supervisor Bulova said that there is a unique situation in this community. Not only is there support from the entire community in requesting this closure, but there is the benefit of the temporary closing during which there has been the opportunity to determine that there is no adverse affect on the area. To the contrary the temporary closure has proven to have corrected all the traffic problems that the community once endured and will once again face if the road is reopened.

Therefore, Supervisor Bulova moved adoption of the Resolution requesting VDOT to permanently close Groves Lane (Route 1090). This motion was seconded by Supervisor Dix and carried by unanimous vote.

49. CONCURRENT PROCESSING OF SPECIAL EXCEPTION APPLICATION AND SITE PLAN FOR THE WASHINGTON POST (Tape 6)

Supervisor Bulova said that the Washington Post has submitted a Special Exception Application to expand their facility at Wimsatt Road. The Application details the development in several phases. The first phase involves an expansion of the building that houses their printing presses. The Post is anxious to move forward on the first phase and has asked for concurrent review of the Site Plan.

Therefore, Supervisor Bulova moved that the Board authorize the Director of the Department of Environmental Management (DEM) to accept the Site Plan for concurrent processing with the Special Exception Application. This motion does not relieve the applicant from complying with the provisions of any applicable ordinances, regulations or adopted standards, and it does not prejudge the consideration of the Special Exception in any way. This motion was seconded by Supervisor Alexander and carried by a vote of eight, Supervisor Dix being out of the room.

50. ISSUE OF PLACING A TELECOMMUNICATIONS MONOPOLE IN THE WAKEFIELD PARK MAINTENANCE YARD (Tape 6)

(BACs)

Supervisor Bulova reminded Board Members that Bell Atlantic is attempting to locate a telecommunications monopole in the Wakefield Park Maintenance Yard. A 456 Application has been filed and a hearing scheduled before the Planning Commission. Unfortunately, there seems to be some miscommunication with the Park Authority on how to proceed.

Supervisor Bulova noted that there is an ongoing joint Planning Commission/Park Authority Committee to resolve specifically the placement of monopoles on park land. Also, on January 23, 1995, the Board voted to establish a Task Force comprised of Board Members, the Planning Commission and the Park Authority to develop recommendations regarding monopoles and other telecommunication facilities. The Task Force is charged with assessing the long and short-term implications of the telecommunication facility needs. Thus far, the Task Force has been unable to meet. She said that she was hopeful that Board Members would be able to join the Planning Commission/Park Authority joint committee at their next meeting scheduled for March 28, 1995.

Supervisor Bulova stated that the Park Authority appears to have misunderstood the Board's intent regarding the specific issue of locating a monopole in Wakefield Park and believes that, until the underlying issue of monopoles on park land is evolved, they cannot go forward with a lease agreement with Bell Atlantic. She said that the placement of the monopole in Wakefield Park would not set a precedent that would open the door to allowing a myriad of commercial or industrial uses into the parks and changing their pristine character. She added that this is a unique situation at Wakefield Park that would not set a precedent. The proposed location for the monopole is in the park's maintenance yard, an area that is already industrial in nature and which would not require the removal of any significant trees.

Supervisor Bulova said that when the Board met with the Park Authority on January 23, 1995, the Board stated that the issue of placing a monopole in Wakefield Park was not to be deferred by the meeting of the newly created Task Force. Rather the monopole in Wakefield Park was to proceed.

Supervisor Bulova pointed out that cellular and digital communication is a vital communication link for both the business and public safety sectors. She noted that if there is to be economic growth in Fairfax County, then the County must have the communication infrastructure in place for businesses to do business in the County. She said that she is hearing from more and more frustrated constituents who say that their calls cannot get through or the signal fades out or breaks up. Wakefield Park was identified as the optimum technical location and was Bell Atlantic's first choice for locating the monopole. It is the preference of residents who live in the area. In 1992, the Board amended the Comprehensive Policy Plan to permit telecommunications facilities on public land, including park land where appropriate. For these reasons it is essential to locate the telecommunication facilities on public land in the long term.

Therefore, Supervisor Bulova moved that the Board:

This motion was seconded by Supervisor Hyland.

Following discussion, Supervisor Frey asked that the motion be amended to request the Planning Commission to hear the 456 Application as scheduled, and this was accepted.

The question was called on the motion, as amended, which CARRIED by a recorded vote of seven, Supervisor Berger abstaining, Supervisor Dix being out of the room.

51. APPOINTMENT TO THE FAIRFAX COUNTY REDEVELOPMENT AND HOUSING AUTHORITY (FCRHA) (Tape 6)

(APPT)

Supervisor Berger moved the appointment of Mr. Cody Mitchell to fill the unexpired term of the Dranesville District Representative to the Fairfax County Redevelopment and Housing Authority (FCRHA). Mr. Mitchell's term will begin in May, 1995. This motion, the second to which was inaudible carried by a vote of eight, Supervisor Dix being out of the room.

52. VIRGINIA POLYTECHNIC INSTITUTE (VPI) AND STATE UNIVERSITY AND THE RECTOR AND VISITORS CENTER OF THE UNIVERSITY OF VIRGINIA (Tape 6)

Supervisor Berger announced that the Virginia Polytechnic Institute (VPI) and State University and the Rector and Visitors Center of the University of Virginia have filed a Rezoning and Special Exception Amendment Applications for the new Education Center in the Dranesville District. He said that the Planning Commission has deferred its public hearing on this issue and he will raise this issue when the public hearing is scheduled.

53. REQUEST FOR CONCURRENT PROCESSING - THE YOUTH APOSTLES INSTITUTE (Tape 6)

Supervisor Berger said that the Youth Apostles Institute hopes to purchase a portion of property identified as 1600 Carlin Lane. The building was previously used as a convent and currently houses the Youth Apostles Institute. The Institute is a Public Association of the Christian Faithful and their occupancy has been deemed consistent with the prior convent use. The Youth Apostles are only able to purchase a portion of the property on which the convent building is located. To increase the permissible Floor Area Ratio (FAR), a rezoning request will be filed proposing a rezoning from the R-1 to the R-2 District. In addition, a Special Permit Application will be filed to permit the continued occupancy of the existing building by the Youth Apostles Institute.

Therefore, to achieve these objectives in a timely fashion, Supervisor Berger moved that the Board:

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

NV:nv

54. WILLSTON REDEVELOPMENT AREA (Tape 7)

Supervisor Trapnell said that she has been approached by the owners of the Willston Shopping Center with a plan to revitalize, redevelop, and expand the commercial area and to redevelop the Willston Gardens Apartments, which are adjacent to the shopping area. The apartments are in a generally deteriorated condition. These parcels surround the former Willston School, which is currently owned by the Board. The chain of title to the school site contain a reversion clause should the property no longer be used for education purposes. Also adjacent to the shopping center is a parcel which provides ancillary parking for the Seven Corners Shopping Center located across Route 50. These parcels together form an area where general existing conditions, as well as diverse ownership, current development patterns, and other conditions are preventing a proper development of the land.

Therefore, Supervisor Trapnell moved that the Board direct the:

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

55. EXPEDITED PROCESSING FOR SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 81-M-097-3, MOBIL OIL CORPORATION (Tape 7)

Supervisor Trapnell explained that Special Exception Amendment Application SEA 81-M-097-3 is a request by Mobil Oil Corporation to amend an existing Special Exception Application for an existing service station located on Edsall Road in Mason District. In accordance with their approved Special Exception, Mobil has recently completed an extensive renovation of this site, but due to a conflict with the owner of the property, Mobil, which leases the site, is unable to provide certain easements which were

required by the approved development conditions. Consequently, Mobil cannot receive a Non-Residential Use Permit (Non-RUP) for the site. Therefore, Mobil has filed a Special Exception Amendment Application to revise the development conditions to permit the site to begin operations.

To ensure that the Application proceeds as quickly as possible, and to minimize disruption to the existing business, Supervisor Trapnell moved that the Board direct staff to expedite the processing of the Special Exception Amendment Application SEA 81-M-097-3. This motion was seconded by Supervisor McConnell and carried by unanimous vote.

56. SIMULTANEOUS AND EXPEDITED PROCESSING FOR A SPECIAL EXCEPTION APPLICATION AND SITE PLAN FOR QUICK FAMILY MARKET, INCORPORATED (Tape 7)

Supervisor Trapnell stated that Quick Family Market, Incorporated, is an existing family business located at 4701 North Chambliss Street in Mason District. The current owner recently purchased the business with the intent of adding a bakery and a small fast food operation which will require a Special Exception Application.

To ensure that the project proceeds rapidly, and due to the straightforward nature of this Application, Supervisor Trapnell moved that the Board direct staff to simultaneously process the Special Exception Application and the Site Plan on an expedited basis. This motion was seconded by Supervisor Berger and carried by unanimous vote.

57. SCHEDULING OF PUBLIC HEARING FOR SPECIAL EXCEPTION APPLICATION SE 94-M-010 (Tape 7)

Supervisor Trapnell moved that the Board direct staff to schedule a public hearing before the Board on Special Exception Application SE 94-M-010 for April 17, 1995 at 4:00 p.m. This motion was seconded by Supervisor McConnell and carried by unanimous vote.

58. TEENAGE GIRLS INSTRUMENTAL IN NOTIFYING A FAMILY LIVING IN A TOWNHOUSE OF A FIRE ON THEIR DECK (Tape 7)

Supervisor Trapnell recognized the actions of Adrienne Ransom and Jessica Carter. These two teenagers were instrumental in notifying a family living in a townhouse of a fire on their deck which could have posed a life-threatening situation. They awakened the family, assisted in their evacuation, and notified the Fire Department. Because they chose to become involved and risked personal injury, their quick thinking and actions are credited with saving four lives and minimizing the fire damage to the home.

Supervisor Trapnell moved that the Board direct staff to invite the girls to appear before the Board at its March 27, 1995 Board meeting to be recognized for their life-saving efforts. This motion was seconded by Chairman Hanley and carried by unanimous vote.

59. REQUEST BY AFSCME TO ADDRESS THE PERSONNEL SUBCOMMITTEE (Tape 7)

Supervisor Trapnell stated that as Chairman of the Personnel Subcommittee she was visited by a group of County employees from AFSCME who called a number of concerns to her attention. Accordingly, she asked unanimous consent that the Board direct staff to invite them to address the Board by adding them to the agenda for the next meeting of the Personnel Subcommittee.

Following discussion related to a Board Matter raised by Supervisor Bulova at the Board's meeting on February 27, 1995 regarding the same subject, without objection, the request was so ordered.

Following further discussion, Supervisor Frey asked unanimous consent that the Board direct staff to circulate to the Board copies of all correspondence relating to this issue. Without objection, it was so ordered.

60. LAKE BRADDOCK GIRLS GYMNASTICS TEAM WINS STATE TITLE (Tape 7)

Supervisor McConnell announced that the undefeated Lake Braddock Girls Gymnastics Team captured the Virginia Girls Gymnastics Championship with a meet record number of points. Accordingly, she moved that the Board direct staff to invite the members of the team to appear before the Board at its next meeting to be recognized for their outstanding season. This motion was seconded by Supervisor Bulova and carried by unanimous vote.

61. HEALTH FAIR HOSTED BY CHURCH (Tape 7)

Supervisor McConnell stated that the Messiah Methodist Church hosted a Health Fair on Saturday, March 11, 1995 to which she was invited. She noted that many County agencies as well as private agencies were represented. She expressed her hope that other churches will follow this lead because it raises public awareness of available services.

62. CLARIFICATION OF LAND EXCHANGE BETWEEN FRANCONIA FIRE STATION AND THE COUNTY (Tape 7)

Supervisor Alexander explained to the Board that in 1991 when the Franconia Government Center was being built, the Franconia Fire Station engaged in an agreement for a land exchange of certain parcels with the County. However, recently the Fire Department applied for a building permit only to find that the County land records indicate that the entire Franconia Fire Station ground is now owned by the County.

Therefore, Supervisor Alexander moved that the Board direct the County Executive to designate the Deputy County Executive for Planning and Development to work with the Fire Department and himself to resolve this inadvertent error by the next meeting of the Board. This motion was seconded by Supervisor McConnell and carried by unanimous vote.

63. CONCURRENT PROCESSING OF THE PRELIMINARY SUBDIVISION AND SITE PLAN FOR SECTION TWO, POTTERS GLEN (Tape 7)

Supervisor Alexander moved that the Board direct staff to concurrently process the Preliminary Subdivision and Site Plan for Section 2, Potters Glen (7079-P-02-2 and 7079-SP-2-1).

Supervisor Alexander said that the Rezoning Application was delayed due to financial difficulties experienced by the original applicant, resulting in a change in the owner/applicant midway through the rezoning process. There were also additional changes made to the Generalized Development Plan and Proffers to make the subdivision more complimentary to surrounding communities.

Supervisor Alexander said that the Application as proffered now represents a substantial enhancement to the old Franconia Road community and a significant improvement over existing conditions on the site. The major infrastructure is in place for this development.

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

64. EXPEDITIOUS PROCESSING FOR PENDING PROFFERED CONDITION AMENDMENT AND REZONING APPLICATIONS FILED UNDER THE NAME OF WILLIAM SCHURTZ AND BEULAH ROAD L.L.C. (Tape 7)

Supervisor Alexander moved that the Board direct staff to expeditiously process pending Proffered Condition Amendment and Rezoning Applications which are proposed for the property located at Tax Map References 91((1)) 82, 85, 86, 87, 88, 89, 90, 91 and 92 and are filed under the name of William Schurtz and Beulah Road L.L.C.

Supervisor Alexander said that the applicants for this project have succeeded in consolidating nine different parcels of land. The applicants have contractual obligations with the property owners which require that the applications be quickly and efficiently processed. The applicant's consolidation can provide important land planning opportunities for the Lee District.

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

65. CONCURRENT PROCESSING FOR PROFFERED CONDITION AMENDMENT APPLICATION PCA 88-S-098 AND FINAL DEVELOPMENT PLAN AMENDMENT APPLICATION FDPA 88-S-098-5-2 FOR RANDOM HILLS (Tape 7)

Supervisor Frey stated that Bozzuto Development Company has filed Proffered Condition Amendment Application PCA 88-S-098 and Final Development Plan Amendment Application FDPA 88-S-098-5-2 for Random Hills, Land Bay A5. In these applications, the applicant proposes to reduce the number of dwelling units from 480 to 202.

Supervisor Frey moved that the Board authorize the Director of the Department of Environmental Management (DEM) to accept Bozzuto Development Company's Site Plan for concurrent processing with the zoning applications which are pending on parcel 56-2((11)) A5 (Land Bay A5 of the Random Hills development). Supervisor Frey stipulated that the granting of this motion does not relieve the applicant from complying with all applicable ordinances and regulations and does not prejudice the Board and Planning Commission's consideration of the pending PCA and FDPA Applications in any way. This motion was seconded by Supervisor Dix and carried by unanimous vote.

66. THIRD PARTY FINANCING FOR NOISE BARRIERS FOR CABELL'S MILL DEVELOPMENT (Tape 7)

Supervisor Frey reminded the Board that the Virginia Department of Transportation (VDOT) has indicated its willingness to allow third party financing of the incremental cost of noise abatement measures which meet the noise and development date criteria of the State Noise Abatement Policy, but exceed the policy's $20,000 cost per receptor criteria. Under the third party option, VDOT would provide up to $20,000 per receptor (80 percent Federal funding, 20 percent state match) and property owners would provide any incremental amount over the $20,000 limit. The Cabell's Mill development has been successful in raising its share for noise barriers.

Supervisor Frey noted that VDOT has requested that all third party funds be channeled through the County. As of March 10, 1995, Cabell's Mill property owners have deposited with the County the aggregate amount of $62,000 for the incremental cost over $20,000 per receptor for the following noise barrier along their properties:

Accordingly, Supervisor Frey moved that the Board direct staff to forward a check in the amount of $62,000 to the VDOT for the purpose of designing and constructing the above-referenced noise barrier. Supervisor Frey noted that there is no financial commitment on the County's part, other than staff time for the processing of the payment to VDOT, for the provision of the noise barrier. This motion was seconded by Supervisor McConnell and carried by unanimous vote.

67. COMMENDATION OF THE DEPARTMENT OF FIRE AND RESCUE, COMPANIES 17 AND 38 (Tape 7)

Supervisor Frey stated that recently he had the occasion to experience firsthand the operation of the Department of Fire and Rescue when a fire occurred in his neighborhood. On behalf of himself and his neighborhood, Supervisor Frey expressed his appreciation and commendation to the staff for a quick response and a job well done and asked unanimous consent that the Board direct the County Executive to convey this commendation to the staff of Companies 17 and 38. Without objection, it was so ordered.

68. ORDERS OF THE DAY (Tape 7)

Citing the lateness of the hour and the fact that Commonwealth of Virginia Transportation Secretary Martinez would be addressing the Board in Executive Session at 2:00 p.m., Chairman Hanley announced that she would be presenting Board Matters for the Providence District later in the day.

(Note: Later in the meeting, Chairman Hanley presented additional Board Matters. See Clerk's Summary Items CL#108 through CL#110.)

69. RECESS/EXECUTIVE SESSION (Tape 7)

At 1:50 p.m., Supervisor Trapnell 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 Frey and carried by unanimous vote.

SBE:sbe

At 4:00 p.m., the Board reconvened in the Board Auditorium with all Board Members being present, and with Chairman Hanley presiding.

ACTIONS FROM EXECUTIVE SESSION

70. CERTIFICATION BY BOARD MEMBERS REGARDING ITEMS DISCUSSED IN EXECUTIVE SESSION (Tape 8)

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

71. TERMINATION AND CLOSE OUT OF CONTRACT RQ40004220, JOHNSON CONTROLS WORLD SERVICES, INCORPORATED (JCWS) (Tape 8)

Supervisor Berger moved that the Board approve the termination and close out of Contract RQ40004220, Johnson Controls World Services, Incorporated (JCWS) in accordance with the terms and conditions recommended by the County Executive and the County Attorney in Executive Session. This motion was seconded by Supervisor Hyland and carried by unanimous vote.

72. REVISION OF THE CONSTRUCTION SAFETY RESOLUTION (Tape 8)

(R) Supervisor Berger moved that the Board further amend the Construction Safety Resolution adopted on February 27, 1995 in accordance with the terms outlined by the County Attorney in Executive Session as contained in the document circulated to the Board. This motion was seconded by Supervisor Hyland and carried by unanimous vote.

73. ACCEPTANCE OF QUITCLAIM DEED FROM SOUTH JERSEY ASSETS, INCORPORATED, FOR LAND ALONG UNION MILL ROAD AND TWIN LAKES DRIVE (Tape 8)

Supervisor McConnell moved that the Board authorize and direct the County Executive to accept, on behalf of the Board, the quitclaim deed dated February 6, 1995, from South Jersey Assets, Incorporated, the successor to Scarborough Corporation for land along Union Mill Road and Twin Lakes Drive. This motion was seconded by Supervisor Alexander and carried by unanimous vote.

74. AUTHORIZATION OF THE FILING OF APPEALS IN THE COUNTY OF FAIRFAX, VIRGINIA, VERSUS EDWIN A. OWENS, ET AL., AT LAW NUMBER 132412 AND PALMER VERSUS FAIRFAX COUNTY, ET AL., IN CHANCERY NUMBER 136163 (Tape 8)

Supervisor Frey moved that the Board authorize the filing of appeals in the County of Fairfax, Virginia versus Edwin A. Owens, et al., At Law Number 132412 and Palmer versus Fairfax County, et al., In Chancery Number 136163, according to the terms and

conditions outlined by the County Attorney in Executive Session. This motion was seconded by Supervisor Hyland and carried by unanimous vote.

75. BOARD OF SUPERVISORS VERSUS LAKE SERVICES, INCORPORATED, LAW NUMBER 108068 (Tape 8)

Supervisor Dix moved that the Board of Supervisors authorize the settlement of Board of Supervisors versus Lake Services, Incorporated, Law Number 108068, according to the terms and conditions outlined by the County Attorney in Executive Session. This motion was seconded by Supervisor Alexander and carried by unanimous vote.

76. CONSIDERATION OF THE CONTRACT OF SALE FOR THE PROPERTY LOCATED AT 1860 WIEHLE AVENUE FOR THE RESTON EAST PARK-AND-RIDE LOT (Tape 8)

Regarding the consideration of the Contract of Sale for the property located at 1860 Wiehle Avenue for the Reston East Park-and-Ride Lot, Supervisor Dix moved that the Board approve the attached Contract of Sale and authorize the execution of said instrument by the Deputy County Executive for Planning and Development. This property is located in the Hunter Mill District, known as Tax Map Number 017-4-01-0017-A, and owned by Banisadr Building Joint Venture. This motion was seconded by Supervisor Alexander and carried by unanimous vote.

77. APPOINTMENT OF DIRECTOR OF TAX ADMINISTRATION (Tape 8)

Supervisor Dix moved that the Board appoint Kevin C. Greenlief as Director of Tax Administration at an annual Salary of $81,235.44, Pay Grade 36-5, effective March 18, 1995. This motion was seconded by Supervisor Hyland and carried by unanimous vote.

78. W. M. SCHLOSSER COMPANY, INCORPORATED VERSUS BOARD OF SUPERVISORS, FAIRFAX COUNTY, AT LAW NUMBER 133404 (Tape 8)

Chairman Hanley relinquished the Chair to Vice-Chairman Dix and moved that the Board of Supervisors authorize the settlement of W.M. Schlosser Company, Incorporated versus Board of Supervisors, Law Number 133404, according to the terms and conditions outlined by the County Attorney in Executive Session. This motion was seconded by Supervisor Hyland and carried by unanimous vote.

79. JOHN F. SWART, JR. AND LEWIS LEIGH, JR., CO-EXECUTORS OF THE ESTATE OF CHARLES L. DUNN, SR. VERSUS BOARD OF SUPERVISORS OF FAIRFAX COUNTY, VIRGINIA, CONSOLIDATED AT LAW NUMBER'S 128982, 128983, 128984 AND 137320 (Tape 8)

Supervisor Hanley moved that the Board reject the settlement offer outlined by the County Attorney in Executive Session in the case of John F. Swart, Jr. and Lewis Leigh, Jr. versus Board of Supervisors, consolidated At Law Number's 128982, 128983, 128984 and 137320. This motion was seconded by Vice-Chairman Dix and carried by unanimous vote.

80. ESSEX HOUSE CONDOMINIUM CORPORATION, ET AL. VERSUS BOARD OF SUPERVISORS OF FAIRFAX COUNTY, VIRGINIA, AT LAW NUMBERS 128941 AND 128942 (Tape 8)

Supervisor Hanley moved that the Board authorize the settlement of Essex House Condominium Corporation, et al, versus Board of Supervisors of Fairfax County Virginia, At Law Numbers 128941 and 128942, according to terms and conditions outlined by the County Attorney in Executive Session. This motion was seconded by Supervisor Berger and carried by unanimous vote.

Vice-Chairman Dix returned the gavel to Chairman Hanley.

81. SUPPORT OF THE PROPOSED OPERATING ACCESS AGREEMENT BETWEEN NORFOLK SOUTHERN AND VIRGINIA RAILWAY EXPRESS (Tape 8)

Supervisor Alexander moved that the Board direct its representatives to the Northern Virginia Transportation Commission (NVTC) and the Virginia Railway Express (VRE) to support the proposed operating Access Agreement between Norfolk Southern and VRE, as substantially expressed in the March 7, 1995 draft of said agreement.

Supervisor Alexander further moved that the Board direct that its representatives to NVTC and VRE seek approval for Fairfax County Transportation, Financial and Legal staffs to participate in any discussions and/or negotiations regarding the potential acquisition of Norfolk Southern's Manassas to Alexandria Line. This motion was seconded by Supervisor Bulova and carried by unanimous vote.

82. I-4 - AWARD OF CONTRACT - OLDER WORKER EMPLOYMENT SERVICES (Tape 8)

(NOTE: Earlier in the meeting, this item was deferred. See Clerk's Summary Item CL#22.)

Supervisor Hyland called the Board's attention to Information Item Four as contained in the Memorandum to the Board dated March 13, 1995 requesting authorization for staff to award a contract to International Professional Resources, Incorporated, in the amount of $255,829 for a three year term for employment services to persons age 55 and over, regardless of income, who reside in Fairfax County, City of Falls Church or Fairfax City.

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

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83. 3:30 P.M. - PH ON REZONING APPLICATION RZ 94-P-030 (COLD STREAM DEVELOPMENT, LIMITED) (PROVIDENCE DISTRICT) (Tape 9)

Chairman Hanley relinquished the Chair to Vice-Chairman Dix and moved to defer the public hearing on Rezoning Application RZ 94-H-043 until May 1, 1995 at 4:00 p.m. This motion was seconded by Supervisor Berger and carried by unanimous vote.

Vice-Chairman Dix returned the gavel to Chairman Hanley.

84. ORDERS OF THE DAY (Tape 9)

Chairman Hanley announced that the Board would now proceed with the 4:00 p.m. public hearing to Set Estimated Assessments in the Mount Zephyr Phase II Community.

85. 4:00 P.M. - PH TO SET ESTIMATED ASSESSMENTS IN THE MOUNT ZEPHYR, PHASE II COMMUNITY (MOUNT VERNON DISTRICT) (Tape 9)

(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 February 24 and March 3, 1995.

Following the public hearing, which included testimony by one speaker, Supervisor Hyland moved adoption of the Resolution setting assessments in the Mount Zephyr, Phase II community. This motion was seconded by Supervisor Berger and carried by a vote of eight, Supervisor Frey being out of the room.

86. 3:30 P.M. - PH ON REZONING APPLICATION RZ 94-H-011 (PULTE HOME CORPORATION) (HUNTER MILL DISTRICT) (Tape 9)

Ms. Susan K. Yantis reaffirmed the validity of the affidavit for the record.

Ms. Yantis 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, which included testimony by one speaker, Leslie Johnson, Senior Staff Coordinator, Zoning Evaluation Division, Office of Comprehensive Planning, presented the staff and Planning Commission recommendations.

Supervisor Dix moved that the Zoning Ordinance as it applies to the property which is the subject of Rezoning Application RZ 94-H-011 be amended from the R-1, R-2 and I-2 Districts to the PDH-4 District subject to the revised proffers dated March 10, 1995. This motion was seconded by Supervisor Berger and carried by a vote of six, Supervisor Alexander, Supervisor Hyland, and Supervisor McConnell being out of the room.

Supervisor Dix moved waiver of the 600 foot limitation on the length of private streets in a residential subdivision. This motion was seconded by Supervisor Berger and carried by a vote of six, Supervisor Alexander, Supervisor Hyland, and Supervisor McConnell being out of the room

Supervisor Dix moved that the Board authorize the Director of the Department of Environmental Management (DEM) to simultaneously process the Preliminary and Final Site Plans. This motion was seconded by Supervisor Berger and carried by a vote of six, Supervisor Alexander, Supervisor Hyland, and Supervisor McConnell being out of the room.

87. 3:30 P.M. - PH ON SPECIAL EXCEPTION APPLICATION SE 94-Y-054 (CENTREVILLE MOOSE LODGE NUMBER 2168, INCORPORATED) (SULLY DISTRICT) (Tape 9)

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

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

Following the public hearing, Julie Schilling, 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-054 subject to the development conditions dated March 1, 1995. This motion was seconded by Supervisor Bulova and carried by a vote of six, Supervisor Alexander, Supervisor Hyland, and Supervisor McConnell being out of the room.

88. 3:30 P.M. - PH ON PROPOSED OUT-OF-TURN PLAN AMENDMENT S94-III-UP4, FOR THE AREA BOUNDED BY DULLES AIRPORT ACCESS ROAD, RESTON PARKWAY, SUNRISE VALLEY DRIVE AND WIEHLE AVENUE (HUNTER MILL DISTRICT) (Tape 9)

A Certificate of Publication was filed from the Editor of the Fairfax Journal showing that notice of said public hearing had been duly advertised in that Newspaper in the issues of February 24 and March 3, 1995.

Following the public hearing, Supervisor Dix moved approval of Out-of-Turn Plan Amendment S94-III-UP4 as outlined on pages three and four of the staff report. This motion was seconded by Supervisor Berger and carried by a vote of five, Supervisor Alexander, Supervisor Hyland, Supervisor McConnell, and Supervisor Trapnell being out of the room.

89. 3:30 P.M. - PH ON PROPOSED AMENDMENT TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 3 (COUNTY EMPLOYEES) REGARDING A REVISION TO SUPPLEMENTAL RETIREMENT SYSTEM ORDINANCE TO CLARIFY THE APPLICATION PROCESS FOR SERVICE-CONNECTED DISABILITY RETIREES (Tape 9)

(O) A Certificate of Publication was filed from the Editor of the Fairfax Journal showing that notice of said public hearing had been duly advertised in that Newspaper in the issues of February 24 and March 3, 1995.

Following the public hearing, which included testimony by one speaker, Supervisor Berger moved adoption of the proposed amendment to the Code of the County of Fairfax, Chapter 3 (County Employees) regarding a revision to the Supplemental Retirement System Ordinance to clarify the application process for service-connected disability retirees. This motion was seconded by Supervisor Bulova and carried by a vote of five, Supervisor Alexander, Supervisor Hyland, Supervisor McConnell, and Supervisor Trapnell being out of the room.

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90. 4:00 P.M. - PH TO SET ESTIMATED ASSESSMENTS IN THE MOUNT ZEPHYR, PHASE II COMMUNITY (MOUNT VERNON DISTRICT) (No Tape)

(NOTE: Earlier in the meeting, action was taken regarding this item. See Clerk's Summary Item CL#85.)

91. 4:00 P.M. - PH ON THE PROPOSED AMENDMENT TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 82 (MOTOR VEHICLES AND TRAFFIC) FOR THE EXPANSION OF THE ROBINSON RESIDENTIAL PERMIT PARKING DISTRICT (RPPD) (BRADDOCK 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 February 24 and March 3, 1995.

Following the public hearing, which included testimony by six speakers, Supervisor Bulova moved adoption of the proposed amendment to the Code of the County of Fairfax, Chapter 82 (Motor Vehicles and Traffic), Article 5A [Residential Permit Parking District (RPPD)], Appendix G-17, to expand the Robinson RPPD to include Gainsborough Drive from Cascade Lane to Orkney Court, and Orkney Court from Gainsborough Drive to the end. This motion was seconded by Supervisor Berger and carried by a vote of six, Supervisor Alexander, Supervisor Dix, and Supervisor McConnell being out of the room.

92. 4:00 P.M. - PH ON A PROPOSAL TO PROHIBIT THROUGH TRUCK TRAFFIC ON PLEASANT VALLEY ROAD (ROUTE 609) (SULLY DISTRICT) (Tape 10)

(Verbatim)

(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 February 24 and March 3, 1995.

Following the public hearing, which included testimony by six speakers, Supervisor Frey moved adoption of the Resolution requesting the Virginia Department of Transportation (VDOT) to prohibit through truck traffic on Pleasant Valley Road between Lee-Jackson Memorial Highway (Route 50) and Lee Highway (Route 29). This motion was seconded by Supervisor Hyland and CARRIED by a recorded vote of six, Supervisor Berger voting "NAY," Supervisor McConnell and Supervisor Trapnell being out of the room.

93. 4:00 P.M. - PH ON PROPOSED AREA PLANS REVIEW (APR) ITEM 94-I-2J, AT THE NORTHWEST QUADRANT OF THE I-495 AND ROUTE 50 INTERCHANGE (PROVIDENCE DISTRICT) (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 February 24 and March 3, 1995.

Following the public hearing, which included testimony by five speakers, Chairman Hanley relinquished the Chair to Vice-Chairman Dix and moved to defer Board decision on Area Plans Review (APR) Item 94-I-2J until March 27, 1995 at 4:30 p.m. This motion was seconded by Supervisor Alexander and carried by unanimous vote.

Vice-Chairman Dix returned the gavel to Chairman Hanley.

94. ORDERS OF THE DAY (Tape 11)

Chairman Hanley announced that the Board would now return to Action Item A-1- Endorsement of Consultant's Proposed Fairfax County Compensation Philosophy then proceed with the Board Decision on the Interim Use of County-Owned Property Known as Trinity Place by Post Apartment Homes L.P. (Sully District).

95. A-1 ENDORSEMENT OF CONSULTANT'S PROPOSED FAIRFAX COUNTY COMPENSATION PHILOSOPHY (Tape 11)

(NOTE: Earlier in the meeting, this item was deferred. See Clerk's Summary Item CL#11.)

Supervisor Trapnell moved that the Board concur in the recommendation of staff and approve the proposed compensation philosophy as developed by the Wyatt Company and as contained in Attachment A of the Memorandum to the Board dated March 13, 1995 with the following revision by the County Attorney to the "Statement of Philosophy:"

Chairman Hanley announced that the Board would return to this item later in the meeting to allow staff time to provide Board Members with a copy of the revised language.

(NOTE: Later in the meeting, action was taken on this item. See Clerk's Summary Item CL#100.)

96. 4:30 P.M. BOARD DECISION ON THE INTERIM USE OF COUNTY-OWNED PROPERTY KNOWN AS TRINITY PLACE BY POST APARTMENT HOMES L.P. (SULLY DISTRICT) (Tape 11)

(NOTE: On December 12, 1994 the Board held a public hearing on this issue. On December 12, 1994, the Board deferred the public hearing until January 9, 1995. After the public hearing, the Board deferred its decision until February 13, 1995. On February 13, 1995 the Board deferred its decision until February 27, 1995. On February 27, 1995 the Board deferred its decision until March 13, 1995.)

Supervisor Frey moved:

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

97. DEFERRAL OF 4:30 P.M. - PH ON REZONING APPLICATION RZ 94-Y-037 (FLAGSTAFF PARTNERSHIP) (SULLY DISTRICT) (Tape 11)

Supervisor Frey moved that the Board defer the public hearing on Rezoning Application RZ 94-Y-037 until June 5, 1995 at 3:30 p.m. This motion was seconded by Supervisor Bulova and carried by unanimous vote.

98. DEFERRAL OF THE PH ON SPECIAL EXCEPTION APPLICATION SE 94-P-052 (THE SHELL OIL COMPANY) (PROVIDENCE DISTRICT) (Tape 11)

At the request of the applicant, Supervisor Hanley moved to defer the public hearing on Special Exception Application SE 94-P-052 until April 17, 1995 at 4:30 p.m. This motion was seconded by Supervisor Alexander and carried by unanimous vote.

99. DEFERRAL OF THE PH ON REZONING APPLICATION RZ 94-P-015 AND SPECIAL EXCEPTION APPLICATION SE 94-P-020 (TYSONS PROMENADE, LIMITED PARTNERSHIP AND MCDONALD'S CORPORATION) (PROVIDENCE DISTRICT) (Tape 11)

Supervisor Hanley moved to defer the public hearing on Rezoning Application RZ 94-P-015 and Special Exception Application SE 94-P-020 until May 1, 1995 at 4:00 p.m. This motion was seconded by Supervisor Alexander and carried by unanimous vote.

100. A-1 - ENDORSEMENT OF CONSULTANT'S PROPOSED FAIRFAX COUNTY COMPENSATION PHILOSOPHY (Tape 11)

(NOTE: Earlier in the meeting there was discussion regarding this item. See Clerk's Summary Items CL#11 and CL#95.)

Supervisor Trapnell moved that the Board concur in the recommendation of staff and approve the proposed compensation philosophy as developed by the Wyatt Company and as contained in Attachment A of the Memorandum to the Board dated March 13, 1995 and incorporating the underlined paragraph on Page one entitled "Statement of Philosophy" as added by the County Attorney, in addition to the following modifications:

Following discussion, Supervisor Dix asked to amend the motion to change the last sentence under "Statement of Philosophy to read as follows: "However, fiscal realities may impact the attainment of these goals," and this was accepted.

Following further discussion, Chairman Hanley relinquished the Chair to Vice-Chairman Dix and asked to amend the language to change "fiscal realities" to "fiscal conditions," and this was accepted.

Vice-Chairman Dix returned the gavel to Chairman Hanley.

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

101. 4:00 P.M. - PH ON PROPOSED AMENDMENT TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 112 (ZONING ORDINANCE) REGARDING RETAIL USES IN INDUSTRIAL DISTRICTS (Tapes 11-14)

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 February 24 and March 3, 1995.

Following the public hearing, which included testimony by 14 speakers, a question-and- answer period ensued among the Board and staff.

Following a lengthy discussion, Supervisor Berger moved that the Board:

This motion was identified as Option Two as outlined in the Memorandum to the Board dated March 13, 1995, allowing 100 percent retail, and seconded by Supervisor Hyland.

Supervisor Hyland moved to amend the motion to allow tenants six months to comply after which they must file a Special Exception Application, but in no event would the Special Exception allow them a mix that is greater than 60/40, a limit of 60 percent retail. This motion was seconded by Supervisor Trapnell.

Supervisor Hyland restated his motion for clarification as follows: any business having a retail operation, regardless of the percentage, in industrially zoned property, will be given a period of six months to come into compliance with the 40/60 rule. Failing to do that, they would have the right to submit an application for a Special Exception and in no event would their use exceed 40/60, defined as no greater than 60 percent retail use ("Option Two with a tweak").

Following further discussion, Supervisor Alexander moved a substitute motion that the Ordinance remain as is with enforcement by staff. This motion was seconded by Supervisor Berger.

Supervisor Alexander clarified that his substitute motion includes the minor changes recommended by staff but does not include Option One or Option Two.

Supervisor Frey moved a second substitute motion that the Board approve Option One, the Planning Commission recommendation, as outlined in the Memorandum to the Board dated March 13, 1995. This motion was seconded by Supervisor Bulova.

Supervisor Hyland moved an amendment to the second substitute (Supervisor Frey's) to allow a Special Exception Application, but in no event would the Special Exception permit retail use in excess of 60 percent. This motion was seconded by Supervisor Alexander.

Chairman Hanley clarified that the amendment on the floor was that in no event in Option One will there be greater than 60 percent retail, in furniture stores only. The amendment limits furniture stores to 60 percent retail.

Supervisor Dix moved an amendment to the second substitute motion that any retail outlets open for business only on Friday, Saturday, or Sunday, even if they exceed 60 percent, may be permitted by Special Exception Application. This motion was seconded by Supervisor Bulova.

Chairman Hanley clarified that Supervisor Dix's motion is an amendment to Supervisor Frey's substitute motion and will be referred to as the "Dix Frugal Fannie Amendment."

Supervisor Dix clarified that his amendment excludes legal holidays that fall outside of Friday, Saturday, and Sunday.

The question was called on Supervisor Dix's amendment which FAILED by a recorded vote of seven, Supervisor Bulova and Supervisor Dix voting "AYE."

The question was then called on Supervisor Hyland's amendment to Supervisor's Frey's substitute (Option One) which states that in no case shall a furniture store exceed 60 percent retail by Special Exception Application, which FAILED by a recorded vote of six, Supervisor Berger, Supervisor Hyland, and Supervisor Trapnell voting "AYE."

Chairman Hanley clarified that the motion on the floor was the second substitute motion (Supervisor Frey's), unamended, to approve the Planning Commission's recommendation with the understanding that it would address phasing for tenants needing to come into compliance, with no limitation on the amount of retail space to be granted by Special Exception Application (Option One).

Supervisor Dix moved an amendment to the second substitute motion (Supervisor Frey's) to permit all retail outlets which are open for business on Friday, Saturday, Sunday, and legal holidays (weekend uses) to be permitted by Special Exception Application. This motion was seconded by Supervisor Bulova and FAILED by a recorded vote of six, Supervisor Bulova, Supervisor Dix, and Chairman Hanley voting "AYE."

The question was then called on the second substitute motion (Supervisor Frey's) to approve the Planning Commission's recommendation which FAILED by a recorded vote of seven, Supervisor Bulova and Supervisor Frey voting "AYE."

Chairman Hanley clarified that the motion now on the floor was Supervisor Alexander's motion that the Ordinance remain as is with enforcement by staff except for the minor modification made in the body of the text, and is identified as neither Option One nor Option Two.

The question was called on the motion which FAILED by a recorded vote of six, Supervisor Alexander, Supervisor Berger, and Supervisor Frey voting "AYE."

Chairman Hanley clarified that the motion now on the floor was that of Supervisor Hyland, "Option Two with a tweak," which states that in no case will retail exceed 60 percent.

Supervisor Dix moved to amend the motion to permit by Special Exception Application retail outlets that are open for business on Friday, Saturday, Sunday, and legal holidays (clarified as State and Federal holidays), and as identified as an amendment to Option Two. This motion was seconded by Supervisor McConnell and CARRIED by a recorded vote of seven, Supervisor Alexander and Supervisor Frey voting "NAY."

The question was then called on the amendment (Supervisor Hyland's) to the main motion, "Option Two with a tweak" which states that in no case will a Special Exception Application allow retail to exceed 60 percent, which CARRIED by a recorded vote of seven, Supervisor Alexander and Supervisor Frey voting "NAY."

Chairman Hanley clarified that the motion now on the floor was the main motion (Supervisor Berger's) as amended, which allows tenants six months to comply with the Ordinance before the amendments become effective.

Following further discussion, with input from James P. Zook, Director, Office of Comprehensive Planning, and Karen Harwood, Senior Assistant County Attorney, Supervisor Bulova moved an amendment to the main motion that the Board direct staff to report with guidance and recommendations on implementing "Option Two with a tweak." This motion was seconded by Supervisor Trapnell.

Chairman Hanley clarified that staff would report to the Board on March 27, 1995 regarding adoption of the proposed amendment to the Code of the County of Fairfax, Chapter 112 (Zoning Ordinance) regarding retail uses in Industrial Districts to become effective on March 28, 1995 at 12:01 a.m.

The question was called on Supervisor Bulova's amendment which CARRIED by a recorded vote of eight, Supervisor Berger voting "NAY."

Chairman Hanley clarified that the main motion now on the floor is for staff to report to the Board with a timeframe for implementation and recommendations as well as the final text for the Ordinance which is Option Two, including all of the changes in the body of the language, with the restriction that in no case will retail exceed 60 percent in the approval of a special exception, plus retail outlets on Friday, Saturday, Sunday, and legal holidays allowed by Special Exception Application.

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

102. 4:30 P.M. - PH ON REZONING APPLICATION RZ 94-Y-037 (FLAGSTAFF PARTNERSHIP) (SULLY DISTRICT) (No Tape)

(NOTE: Earlier in the meeting, this public hearing was deferred. See Clerk's Summary Item CL#97.)

103. 4:30 P.M. - PH ON SPECIAL EXCEPTION APPLICATION SE 94-P-052 (THE SHELL OIL COMPANY) (PROVIDENCE DISTRICT) (No Tape)

(NOTE: Earlier in the meeting, this public hearing was deferred. See Clerk's Summary Item CL#98.)

104. 4:30 P.M. - PH ON SPECIAL EXCEPTION APPLICATION SE 94-Y-050 (WASHINGTON GAS LIGHT COMPANY) (SULLY DISTRICT) (Tape 14)

Mr. Joseph Sieve reaffirmed the validity of the affidavit for the record.

Mr. Sieve 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 Frey disclosed the following campaign contribution that he had received:

Supervisor Dix disclosed the following campaign contribution that he had received:

Following the public hearing, Denise James, 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-050 subject to the development conditions dated January 18, 1995. This motion was seconded by Supervisor Alexander and carried by a vote of six, Supervisor Hyland, Supervisor McConnell, and Chairman Hanley being out of the room.

Supervisor Frey moved modification of the transitional screening in favor of that depicted on the Special Exception Plat, pursuant to paragraph four Section 13-304 of the Zoning Ordinance. This motion was seconded by Supervisor Trapnell and carried by a vote of six, Supervisor Hyland, Supervisor McConnell, and Chairman Hanley being out of the room.

105. 4:30 P.M. - PH ON REZONING APPLICATION RZ 94-P-015 AND SPECIAL EXCEPTION APPLICATION SE 94-P-020 (TYSONS PROMENADE, LIMITED PARTNERSHIP AND MCDONALD'S CORPORATION) (PROVIDENCE DISTRICT) (No Tape)

(NOTE: Earlier in the meeting, action was taken to defer this public hearing. See Clerk's Summary Item CL#99.)

106. 4:30 P.M. - BOARD DECISION ON SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 79-P-108 (ILIFF NURSING HOME, INCORPORATED) (PROVIDENCE DISTRICT) (Tape 14)

(NOTE: On November 22, 1994 the Board held a public hearing on this application, but deferred its decision to December 12, 1994. On December 12, the Board deferred decision to January 23, 1995; on January 23, the Board deferred decision to February 27, 1995; and again on February 27, the Board deferred its decision to March 13, 1995.)

Chairman Hanley relinquished the Chair to Vice-Chairman Dix and moved that the Board defer Board Decision on Special Exception Amendment Application SEA 79-P-108 until April 14, 1995 at 4:30 p.m. This motion was seconded by Supervisor Fret and carried by a vote of six, Supervisor Alexander, Supervisor Hyland and Supervisor McConnell being out of the room.

Vice-Chairman Dix returned the gavel to Chairman Hanley.

107. 4:30 P.M. - BOARD DECISION ON THE INTERIM USE OF COUNTY-OWNED PROPERTY KNOWN AS TRINITY PLACE BY POST APARTMENT HOMES, L.P. (SULLY DISTRICT) (No Tape)

(NOTE: Earlier in the meeting, action was taken to approve this item. See Clerk's Summary CL#96.)

ADDITIONAL BOARD MATTERS

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108. SCHEDULING OF AND EXPEDITED PROCESSING FOR PROFFERED CONDITION AMENDMENT APPLICATION PCA/CDPA/FDPA 80-P-039-4 AS WELL AS SITE PLANS AND ENGINEERING PLANS (Tape 14)

Chairman Hanley stated that after filing the application and being scheduled for a Planning Commission public hearing in April, the contract purchaser of the southwest portion of Hunters Branch discovered that a .15 acre parcel within this portion was still zoned R-1. The applicant has therefore filed a rezoning application for that portion but would like to have a Board hearing date set.

Therefore, Chairman Hanley relinquished the Chair to Acting-Chairman Bulova and moved that the Board direct:

Supervisor Hanley stated that this motion does not relieve the applicant from complying with the provisions of any applicable ordinances, regulations, or adopted standards, and it does not prejudice the consideration of the application in any way.

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

109. EXPEDITED AND CONCURRENT PROCESSING FOR SITE PLAN AND SPECIAL EXCEPTION APPLICATION SE 95-P-014, MAYFAIR LIMITED PARTNERSHIP (Tape 14)

Supervisor Hanley stated that the Mayfair Partners Limited Partnership wants to put a drive-through restaurant on an exiting pad where a drive-in bank used to stand. Because this will not require extensive site reconfiguration, Supervisor Hanley moved that the Board direct:

Supervisor Hanley stipulated that this motion does not relieve the applicant from complying with the provisions of any applicable ordinances, regulations, or adopted standards, and it does not prejudice the consideration of the application in any way.

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

110. BOARD CONCURRENCE IN THE FILING OF PROFFERED CONDITION AMENDMENT APPLICATION PCA 88-D-005-2 BY WEST*PARK (Tape 14)

Supervisor Hanley explained that Proffered Condition Amendment Application PCA 88-D-005-2 is a request filed by West*Park to amend the proffers accepted pursuant to Rezoning Application RZ 88-D-005. The application property is zoned C-3, is approximately 193 acres in size and is located in the southwestern quadrant of the intersection of the Dulles Aiport Access Road (DAAR) and the Capital Beltway in the Tysons Corner area of Providence District.

Supervisor Hanley stated that, since the Board owns approximately four acres of land within the application property, the Board must concur in the filing of this application for it to proceed. The Board's property is located at the southeast corner of Spring Hill Road and the DAAR and is planned for a future transit station.

Therefore, Supervisor Hanley moved that the Board concur in the filing of Proffered Condition Amendment Application PCA 88-D-005-2 for the application to proceed. She stated that this motion should not be construed as a favorable recommendation on the Application by the Board and does not relieve the applicant/owner from compliance with the provisions of any applicable ordinances, regulations, or adopted standards. This motion was seconded by Supervisor Frey and carried by a vote of six, Supervisor Alexander, Supervisor Berger, and Supervisor McConnell being out of the room.

Acting-Chairman Bulova returned the gavel to Chairman Hanley.

111. BOARD ADJOURNMENT (Tape 14)

At 9:05 p.m., the Board adjourned.