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CLERK'S BOARD SUMMARY

FEBRUARY 26, 1996

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

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

2. MUSICAL PRESENTATION BY THE FAIRFAX COUNTY BLACK EMPLOYEES CHOIR (Tape 1)

The Board meeting began with a musical presentation by the Fairfax County Black Employees Choir.

3. ORDERS OF THE DAY (Tape 1)

Supervisor Bulova asked unanimous consent that the Orders of the Day be changed so that the Board could proceed with Consideration Item C-1 - Appeal of a Proffer Interpretation - Rezoning Application RZ 82-A-101(Target) (Braddock District) at the beginning of the Matters Presented by the County Executive. Without objection, it was so ordered.

4. CERTIFICATE OF RECOGNITION PRESENTED TO THE SWIFT WATER RESCUE TEAM OF THE FIRE AND RESCUE DEPARTMENT (Tape 1)

Supervisor Mendelsohn moved approval of the Certificate of Recognition presented to the Swift Water Rescue Team of the Fire and Rescue Department for heroism and skill in the rescue of citizens in the Potomac River at Great Falls National Park. This motion was seconded by Supervisor Dix and carried by a vote of nine, Supervisor McConnell being out of the room.

5. CERTIFICATE OF RECOGNITION PRESENTED TO MS. MAVIS DERFLINGER FOR BEING SELECTED AS A WINNER IN THE SECOND ANNUAL SPORTING GOODS MANUFACTURERS ASSOCIATION HEROES AWARDS PROGRAM (Tape 1)

Chairman Hanley relinquished the Chair to Vice-Chairman Hyland and moved approval of the Certificate of Recognition presented to Ms. Mavis Derflinger for being selected as one of three national winners for the second annual Sporting Goods Manufacturers Association Heroes Awards Program for her lifelong work in support of youth soccer. This motion was seconded by Vice-Chairman Hyland and carried by a vote of nine, Supervisor McConnell being out of the room.

Vice-Chairman Hyland returned the gavel to Chairman Hanley.

6. PROCLAMATION DESIGNATING MARCH 1996 AS "WOMEN'S HISTORY MONTH" IN FAIRFAX COUNTY (Tape 1)

Chairman Hanley relinquished the Chair to Vice-Chairman Hyland and moved approval of the Proclamation presented to Emily McCoy, Chair, Commission for Women, designating the month of March 1996 as "Women's History Month" in Fairfax County. This motion was seconded by Supervisor Kauffman and carried by unanimous vote.

Vice-Chairman Hyland returned the gavel to Chairman Hanley.

7. CERTIFICATE OF RECOGNITION PRESENTED TO MR. JOHN NELSON FOR HIS VOLUNTEER SERVICE TO FAIRFAX COUNTY (Tape 1)

Supervisor Dix moved approval of the Certificate of Recognition presented to Mr. John Nelson for his volunteer service to Fairfax County. This motion was seconded by Supervisor McConnell and carried by a vote of seven, Supervisor Connolly, Supervisor Frey, and Supervisor Mendelsohn being out of the room.

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8. 10:00 A.M. - PRESENTATION BY THE METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS (COG) OF UPDATE ON COG ACTIVITIES (Tape 2)

Ruth R. Crone, Executive Director and Ronald L. Kirby, Director of Transportation, Metropolitan Washington Council of Governments (COG) presented an update on COG activities.

9. 10:15 A.M. - PRESENTATION BY THE COUNTY EXECUTIVE ON THE RECOMMENDED FISCAL YEAR (FY) 1997 BUDGET (Tapes 2-3)

Following a presentation by William J. Leidinger, County Executive, on the recommended Fiscal Year (FY) 1997 Budget, Chairman Hanley recognized the presence of Kristen J. Amundson, Chairman, and fellow Board Members of the Fairfax County School Board, and Sheriff Carl R. Peed in the Board Auditorium and warmly welcomed them.

Chairman Hanley announced that the Budget public hearings are scheduled for:

Following discussion, Supervisor Bulova moved that the Board direct the County Executive to:

This motion was seconded by Supervisor Mendelsohn.

Supervisor Hyland asked to amend the motion that the Board direct staff to:

and this was accepted.

Supervisor Dix asked to amend the motion to include:

and this was accepted.

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

10.BOARD RECESS (Tape 3)

At 11:45 a.m., the Board recessed briefly.

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At 12:00 noon, the Board reconvened in the Board Auditorium with all Members being present, with the exception of Supervisor Hyland and Supervisor Mendelsohn, and with Chairman Hanley presiding.

11.ORDERS OF THE DAY (Tape 4)

Chairman Hanley announced a change in the Orders of the Day. Following the Appointments to Citizens Boards, Authorities, Commissions and Advisory Groups (BACs), the Board would proceed with Consideration Item C-1 - Appeal of a Proffer Interpretation - Rezoning Application RZ 82-A-101 (Target) (Braddock District).

12.10:45 A.M. - REPORT ON GENERAL ASSEMBLY ACTIVITIES (Tape 4)

Supervisor Dix, Co-Chairman, Board's Legislative Committee, briefly outlined the 1996 Legislative Report dated February 26, 1996.

Supervisor Dix moved that the Board:

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

13.11:00 A.M. - APPOINTMENTS TO CITIZEN BOARDS, AUTHORITIES, COMMISSIONS AND ADVISORY GROUPS (BACS) (Tape 4)

(BACs)

(APPTS)

A. HEATH ONTHANK MEMORIAL AWARD SELECTION COMMITTEE

Supervisor Gross moved the appointment of Mr. Theodore P. Gleiter as the Mason District Representative to the A. Heath Onthank Memorial Award Selection Committee. This motion was seconded by Supervisor Connolly and carried by a vote of eight, Supervisor Hyland and Supervisor Mendelsohn being out of the room.

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

AIRPORTS ADVISORY COMMITTEE

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

ALCOHOL SAFETY ACTION PROGRAM LOCAL POLICY BOARD

CONFIRMATION:

Supervisor Dix moved that the Board confirm the following appointment to the Alcohol Safety Action Program Local Policy Board:

This motion was seconded by Supervisor Connolly and carried by a vote of eight, Supervisor Hyland and Supervisor Mendelsohn being out of the room.

ATHLETIC COUNCIL

Supervisor Connolly moved the appointment of Ms. Cindy Aserkoff as the Providence District (Alternate) Representative to the Athletic Council. This motion was seconded by Supervisor Gross and carried by a vote of eight, Supervisor Hyland and Supervisor Mendelsohn being out of the room.

Supervisor McConnell moved the following appointments to the Athletic Council:

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

(NOTE: The appointment of the At-Large Representative to the Athletic Council was deferred.)

BOARD OF BUILDING CODE APPEALS

[NOTE: The appointment of the At-Large (Alternate) Representative to the Board of Building Code Appeals was deferred.]

CHILD CARE ADVISORY COUNCIL

(NOTE: The appointment of the Dranesville District Representative to the Child Care Advisory Council was deferred. Later in the meeting, an appointment was made to this Advisory Council. See below.)

COMMISSION FOR WOMEN

Supervisor Frey moved the appointment of Ms. Mary Campbell to fill the unexpired term of Ms. Sharon Suprun as the Sully District Representative to the Commission for Women. This motion was seconded by Supervisor Dix and carried by a vote of nine, Supervisor Hyland being out of the room.

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

APPOINTMENT TO THE CHILD CARE ADVISORY COUNCIL

Supervisor Connolly moved the appointment of Ms. Brenda Penn to fill the unexpired term of Ms. Ernestine Heastie as the Providence District Representative to the Child Care Advisory Council. This motion was seconded by Chairman Hanley and carried by a vote of nine, Supervisor Hyland being out of the room.

COMMISSION ON ORGAN AND TISSUE DONATION AND TRANSPLANTATION

(NOTE: The appointment of the Mount Vernon District Representative to the Commission on Organ and Tissue Donation and Transplantation was deferred.)

COMMUNITY ACTION ADVISORY BOARD

(NOTE: The appointments of the Dranesville and the Mason District Representatives to the Community Action Advisory Board were deferred.)

CONFIRMATIONS:

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

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

COMMUNITY IMPROVEMENT COMMITTEE

Supervisor Kauffman, on behalf of Supervisor Hyland, moved the reappointment of Mr. W. Keats Nicoll as the Mount Vernon District Representative to the Community Improvement Committee. This motion was seconded by Supervisor Dix.

Supervisor Connolly moved the reappointment of Mr. James Wolffe as the Providence District Representative to the Community Improvement Committee. This motion was seconded by Supervisor Dix.

Supervisor Frey moved the reappointment of Mr. Dallas Hutchison as the Sully District Representative to the Community Improvement Committee. This motion was seconded by Supervisor Connolly.

The question was called on the motions which carried by a vote of nine, Supervisor Hyland being out of the room.

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

COUNTYWIDE NON-MOTORIZED TRANSPORTATION (TRAILS) COMMITTEE

[Note: The appointment of the Mason District Representative to the Countywide Non-Motorized Transportation (Trails) Committee was deferred.]

CONFIRMATION:

Supervisor Connolly moved that the Board confirm the following appointment to the Countywide Non-Motorized Transportation (Trails) Committee:

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

CRIMINAL JUSTICE ADVISORY BOARD

Supervisor Kauffman, on behalf of Supervisor Hyland, moved the appointment of Mr. Joseph Cammarata as the Mount Vernon District Representative to the Criminal Justice Advisory Board. This motion was seconded by Supervisor Connolly and carried by a vote of nine, Supervisor Hyland being out of the room.

Supervisor Kauffman moved the appointment of Mr. Brian Tishuk to fill the unexpired term of Mr. Joseph Cammarata as the Lee District Representative to the Criminal Justice Advisory Board. This motion was seconded by Supervisor Dix and carried by a vote of nine, Supervisor Hyland being out of the room.

CONFIRMATION:

Supervisor Dix moved that the Board confirm the following appointment to the Criminal Justice Advisory Board:

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

ENGINEERING STANDARDS REVIEW COMMITTEE

CONFIRMATIONS:

Supervisor Dix moved that the Board confirm the following appointments to the Engineering Standards Review Committee:

Industry Association (NVBIA) Representative.

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

FAIRFAX AREA DISABILITY SERVICES BOARD

Supervisor McConnell moved the appointment of Ms. Merle L. Toobin as the Springfield District Representative to the Fairfax Area Disability Services Board. This motion was seconded by Supervisor Dix and carried by a vote of nine, Supervisor Hyland being out of the room.

GEOTECHNICAL REVIEW BOARD

CONFIRMATION:

Supervisor Connolly moved that the Board confirm the following appointment to the Geotechnical Review Board:

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

HEALTH CARE ADVISORY BOARD

(NOTE: The appointment of the Sully District Representative to the Health Care Advisory Board was deferred.)

JUVENILE COURT CITIZEN ADVISORY COUNCIL

(NOTE: The appointment of the Mason District Representative to the Juvenile Court Citizen Advisory Council was deferred.)

LIBRARY BOARD

(NOTE: The appointment of the Sully District Representative to the Library Board was deferred.)

PLUMBING ADVISORY BOARD

[NOTE: The appointment of the At-Large (Professional Engineer) Representative to the Plumbing Advisory Board was deferred.]

ROAD VIEWERS BOARD

(NOTE: The appointment of the At-Large Representative to the Road Viewers Board was deferred.)

ROUTE 28 HIGHWAY TRANSPORTATION DISTRICT ADVISORY BOARD

[NOTE: The appointment of the At-Large (Resident/Owner) Representative to the Route 28 Highway Transportation District Advisory Board was deferred.]

TRANSPORTATION SAFETY COMMISSION

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

YOUTH VIOLENCE STEERING COMMITTEE

Supervisor Frey moved the appointment of Ms. Jerri Shevlin as the Sully District Representative to the Youth Violence Steering Committee. This motion was seconded by Supervisor Bulova and carried by a vote of eight, Supervisor Hyland and Supervisor Mendelsohn being out of the room.

AD-HOCS

ANIMAL SHELTER ADVISORY COMMISSION

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Supervisor Kauffman moved the appointment of Ms. Elizabeth Murphy to fill the unexpired term of Ms. Elizabeth Singleton as the Lee District Representative to the Animal Shelter Advisory Commission. This motion was seconded by Supervisor Frey and carried by a vote of eight, Supervisor Hyland and Supervisor Mendelsohn being out of the room.

CITIZENS ADVISORY COMMITTEE ON SOLID WASTE

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

LOWER POTOMAC CITIZEN ADVISORY COMMITTEE FOR D.C. DEPARTMENT OF CORRECTIONS PROPERTY IN LORTON

CONFIRMATION:

Supervisor Connolly moved that the Board confirm the following appointment to the Lower Potomac Citizen Advisory Committee for D.C. Department of Corrections Property in Lorton:

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

TELECOMMUNICATIONS (MONOPOLES) LAND USE REGULATIONS TASK FORCE

Supervisor McConnell stated for the record that she had appointed Mr. Kenneth Feng as the Springfield District Representative to this Task Force at the Board meeting of February 12, 1996.

CONFIRMATIONS:

Supervisor Dix moved that the Board confirm the following appointments to the Telecommunications (Monopoles) Land Use Regulations Task Force:

This motion was seconded by Supervisor Connolly and carried by a vote of eight, Supervisor Hyland and Supervisor Mendelsohn being out of the room.

Chairman Hanley moved that the Board confirm the appointment of Mr. Peter F. Murphy, Jr. as the Planning Commission Representative to the Telecommunications (Monopoles) Land Use Regulations Task Force. This motion was seconded by Supervisor Bulova and carried by a vote of eight, Supervisor Hyland and Supervisor Mendelsohn being out of the room.

Chairman Hanley relinquished the Chair to Acting-Chairman Dix and asked unanimous consent that the Board direct the Clerk to the Board to contact the Architectural Review Board, the School Board, and the Water Authority for representatives to this Task Force. Without objection, it was so ordered.

Acting-Chairman Dix returned the gavel to Chairman Hanley.

ADDITIONAL APPOINTMENT

TASK FORCE ON COUNTY REVENUES AND EXPENDITURES (CREX)

Supervisor Frey announced that Mr. William R. Harvey has resigned as the Sully District Representative to the Task Force on County Revenues and Expenditures (CREx) and moved the appointment of Mr. Brad Biggers to fill the unexpired term of Mr. Harvey. This motion was seconded by Supervisor Dix and carried by a vote of eight, Supervisor Hyland and Supervisor Mendelsohn being out of the room.

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14.C-1 - APPEAL OF A PROFFER INTERPRETATION - REZONING APPLICATION RZ 82-A-101 (TARGET) (BRADDOCK DISTRICT) (Tape 5)

The Board next considered an Item contained in the Memorandum to the Board dated February 26, 1996 regarding consideration of the appeal of a Proffer Interpretation which determined that the reduction in the number of access points to the Target site from two to one on Old Guinea Road and from three to two on New Guinea Road, as shown on the submitted Site Plan dated June 1995, is in substantial conformance with Proffer Number One of Rezoning Application RZ 82-A-101.

Following discussion, with input from Barbara A. Byron, Director, Zoning Evaluation Division, Office of Comprehensive Planning (OCP), and Mr. John Henderson, representing the community, Supervisor Bulova moved to deny the appeal and to uphold the decision of the Zoning Administrator. This motion was seconded by Supervisor Kauffman and carried by a vote of nine, Supervisor Mendelsohn being out of the room.

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15.ADMINISTRATIVE ITEMS (Tape 6)

Supervisor Connolly moved approval of the Administrative Items with the exception of Administrative Item 6 - Authorization to Advertise a Public Hearing on Proposed Amendments to the Code of the County of Fairfax, Chapter 7 (Central Absentee Voter Election District) Relating to Election Precincts and Establishment of Absentee Voting Satellites (Countywide). This motion was seconded by Supervisor Dix.

Supervisor Dix asked to amend the motion to consider Administrative Item 4 - Submission of Fiscal Year (FY) 1997 Grant Application for Marketing Program of Ridesharing and Transit Services by the Office of Transportation to the Virginia Department of Rail and Public Transportation (All Districts) separately, and this was accepted.

Supervisor Mendelsohn asked to amend the motion to consider Administrative Item 7 - Authorization to Advertise a Public Hearing on Proposed Amendment to the Code of the County of Fairfax, Chapter 82 (Motor Vehicles and Traffic), Article 5a, Residential Permit Parking District (RPPD), to Expand the McLean RPPD (Dranesville District) separately, and this was accepted.

Supervisor Frey asked to amend the motion to consider Administrative Item 8 - Authorization to Advertise Proposed Amendments to the Public Facilities Manual (PFM) Regarding Fire Regulations (Countywide) separately, and this was accepted.

Supervisor Hyland asked to amend the motion to consider Administrative Item 9 - Authorization to Advertise a Public Hearing to Amend the Code of the County of Fairfax, Appendix I (Fairfax County Special Service District for the Control of Gypsy Moth Infestations) separately, and this was accepted.

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

ADMIN 1 - INSTALLATION OF MULTI-WAY STOPS AT THE INTERSECTION OF HAMPTON FOREST WAY AND ASHTON OAKS DRIVE (SULLY DISTRICT)

Approved the endorsement of the installation of multi-way stops at the following intersection:

ADMIN 2 - REQUEST FOR APPROVAL FOR THE FAIRFAX COUNTY JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT SERVICES TO APPLY FOR A CONTINUATION GRANT FOR THE DETENTION RELEASE AND SERVICES PROGRAM FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES

Approved the submission by the Juvenile and Domestic Relations District Court Services for grant funding in the amount of $62,955 provided through the Virginia Department of Criminal Justice Services from monies available from the Federal Office of Juvenile Justice and Delinquency Prevention for the continuation of the Detention Release and Services Program.

ADMIN 3 - FAIRFAX COUNTY CIRCUIT COURT GRANT APPLICATION TO THE VIRGINIA CIRCUIT RECORDS PRESERVATION GRANT PROGRAM, VIRGINIA STATE LIBRARY

Approved the Circuit Court's grant application in the amount of $136,591 for continuing grant funding from the Virginia State Library and Archives to convert disks of photostat deed books to microfilm. This application is for a two-year grant.

ADMIN 4 - SUBMISSION OF FISCAL YEAR (FY) 1997 GRANT APPLICATION FOR MARKETING PROGRAM OF RIDESHARING AND TRANSIT SERVICES BY THE OFFICE OF TRANSPORTATION TO THE VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION (ALL DISTRICTS)

(NOTE: Later in the meeting, action was taken on this item. See Clerk's Summary Item CL#17.)

ADMIN 5 - DIVISION OF SOLID WASTE COLLECTION AND RECYCLING VIRGINIA LITTER PREVENTION AND RECYCLING GRANT PROGRAM APPLICATION (COUNTYWIDE)

Approved the submittal of a grant application by the Division of Solid Waste Collection and Recycling, Waste Reduction and Recycling Branch, in the amount of $52,680 to the Virginia Department of Environmental Quality Virginia Litter Prevention and Recycling Competitive Grant Program.

ADMIN 6 - AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 7 (CENTRAL ABSENTEE VOTER ELECTION DISTRICT) RELATING TO ELECTION PRECINCTS AND ESTABLISHMENT OF ABSENTEE VOTING SATELLITES (COUNTYWIDE)

(NOTE: Later in the meeting, action was taken on this item. See Clerk's Summary Item CL#16.)

ADMIN 7 - AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENT TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 82 (MOTOR VEHICLES AND TRAFFIC), ARTICLE 5A, RESIDENTIAL PERMIT PARKING DISTRICT (RPPD), TO EXPAND THE MCLEAN RPPD (DRANESVILLE DISTRICT)

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

ADMIN 8 - AUTHORIZATION TO ADVERTISE PROPOSED AMENDMENTS TO THE PUBLIC FACILITIES MANUAL (PFM) REGARDING FIRE REGULATIONS (COUNTYWIDE)

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

ADMIN 9 - AUTHORIZATION TO ADVERTISE A PUBLIC HEARING TO AMEND THE CODE OF THE COUNTY OF FAIRFAX, APPENDIX I (FAIRFAX COUNTY SPECIAL SERVICE DISTRICT FOR THE CONTROL OF GYPSY MOTH INFESTATIONS)

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

ADMIN 10 - DESIGNATION OF PLANS EXAMINERS STATUS UNDER THE EXPEDITED LAND DEVELOPMENT REVIEW PROGRAM

Concurred in the recommendation of staff and:

16.ADMIN 6 - AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 7 (CENTRAL ABSENTEE VOTER ELECTION DISTRICT) RELATING TO ELECTION PRECINCTS AND ESTABLISHMENT OF ABSENTEE VOTING SATELLITES (COUNTYWIDE) (Tape 6)

(A)(NOTE: Earlier in the meeting, action was taken by the Board to consider this item separately. See Clerk's Summary Item CL#15.)

Following discussion, with input from Patricia W. Drain, Electoral Board Secretary, Supervisor Kauffman moved to defer this item until the next Board meeting. This motion was seconded by Supervisor Connolly.

Following further discussion, with input from Michael Long, Assistant County Attorney, and Monica J. Horan, General Registrar, Supervisor Frey moved a substitute motion to proceed with the staff recommendation and authorize the advertisement of a public hearing on proposed amendments to the Code of the County of Fairfax, Chapter 7 (Central Absentee Voter Election District), Article 2, to be held before the Board on March 11, 1996 at 4:00 p.m. with the exception of the following:

This motion was seconded by Supervisor Bulova.

Supervisor Bulova asked to amend the motion to withdraw the Lake Braddock/Signal Hill situation and proceed with the remainder of the Braddock District, and this was accepted.

Supervisor Dix asked to amend the motion to schedule the public hearing before the Board on March 18, 1996, and this was accepted.

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

17.ADMIN 4 - SUBMISSION OF FISCAL YEAR (FY) 1997 GRANT APPLICATION FOR MARKETING PROGRAM OF RIDESHARING AND TRANSIT SERVICES BY THE OFFICE OF TRANSPORTATION TO THE VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION (ALL DISTRICTS) (Tape 6)

(R)(NOTE: Earlier in the meeting, action was taken by the Board to consider this item separately. See Clerk's Summary Item CL#15.)

Following discussion, with input from Shiva K. Pant, Director, Office of Transportation, Supervisor Dix moved adoption of the Resolution authorizing the submittal of a grant application by the Office of Transportation to the Virginia Department of Rail and Public Transportation in the amount of $249,351 for the RIDESOURCES Marketing Program to include ridesharing and transit services for Fiscal Year (FY) 1997, with the understanding that staff is expected to utilize TMA's expertise to determine if there is an opportunity for a greater return on the County's investment by utilizing community assets. This motion, the second to which was inaudible, carried by a vote of eight, Supervisor Bulova, Supervisor Dix, Supervisor Frey, Supervisor Gross, Supervisor Hyland, Supervisor Kauffman, Supervisor Mendelsohn, and Chairman Hanley voting "AYE," Supervisor Connolly and Supervisor McConnell being out of the room.

18.ADMIN 7 - AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENT TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 82 (MOTOR VEHICLES AND TRAFFIC), ARTICLE 5A, RESIDENTIAL PERMIT PARKING DISTRICT (RPPD), TO EXPAND THE MCLEAN RPPD (DRANESVILLE DISTRICT) (Tape 6)

(A)(NOTE: Earlier in the meeting, action was taken by the Board to consider this item separately. See Clerk's Summary Item CL#15.)

Supervisor Mendelsohn moved to:

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

19.ADMIN 8 - AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE PUBLIC FACILITIES MANUAL (PFM) REGARDING FIRE REGULATIONS (COUNTYWIDE) (Tape 6)

(A)(NOTE: Earlier in the meeting, action was taken by the Board to consider this item separately. See Clerk's Summary Item CL#15.)

Following discussion, Supervisor Frey moved that the Board:

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

20.ADMIN 9 - AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENT TO THE CODE OF THE COUNTY OF FAIRFAX, APPENDIX I (FAIRFAX COUNTY SPECIAL SERVICE DISTRICT FOR THE CONTROL OF GYPSY MOTH INFESTATIONS) (Tape 6)

(A)(NOTE: Earlier in the meeting, action was taken by the Board to consider this item separately. See Clerk's Summary Item CL#15.)

Following discussion, Supervisor Hyland moved that the Board:

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

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21.A-1 - FAIRFAX COUNTY ROAD MAINTENANCE AND IMPROVEMENT PROGRAM (FCRMIP) - APPROVAL OF THE ANNUAL FCRMIP STATUS REPORT (COUNTYWIDE) (Tape 7)

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

22.A-2 - ENDORSEMENT OF GRADE-SEPARATED INTERCHANGE CONCEPT AT THE INTERSECTION OF FAIRFAX COUNTY PARKWAY AND BARON CAMERON AVENUE/ELDEN STREET (HUNTER MILL AND DRANESVILLE DISTRICTS) (Tape 7)

Supervisor Mendelsohn, moved that the Board concur in the recommendation of staff and:

This motion, the second to which was inaudible, carried by unanimous vote.

Supervisor Kauffman asked unanimous consent that the Board direct staff to provide an update on the portion of the Fairfax County Parkway south of the Engineer Proving Ground (EPG) linking Rolling Road to the other side of Interstate 95. Without objection, it was so ordered.

23.A-3 - EXPANSION OF THE APPROVED SEWER SERVICE AREA FOR THE JERMANTOWN ROAD COMMUNITY AND ALLOCATION OF SEWER FUNDS FOR THE DESIGN OF THE ASSOCIATED JERMANTOWN ROAD SANITARY SEWER EXTENSION AND IMPROVEMENT PROJECT (PROVIDENCE DISTRICT) (Tape 7)

Supervisor Connolly moved that the Board concur in the recommendation of staff and:

This motion was seconded by Supervisor Gross.

Following discussion, with input from David P. Bobzien, County Attorney, and John W. di Zerega, Director, Department of Public Works, the question was called on the motion which CARRIED by a recorded vote of nine, Supervisor Dix voting "NAY."

24.C-1 - APPEAL OF A PROFFER INTERPRETATION - REZONING APPLICATION RZ 82-A-101 (TARGET) (BRADDOCK DISTRICT) (No Tape)

(NOTE: Earlier in the meeting, action was taken on this item. See Clerk's Summary Item CL#14.)

25.C-2 - APPEAL OF A PROFFER INTERPRETATION SET FORTH IN A NOTICE OF VIOLATION FOR USE OF PROPERTY IN VIOLATION OF PROFFERS APPROVED WITH REZONING APPLICATION RZ 94-M-039 (MITCHELL FAMILY TRUST) (MASON DISTRICT) (Tape 7)

The Board next considered an Item contained in the Memorandum to the Board dated February 26, 1996 regarding consideration of the appeal of a Proffer Interpretation set forth in a November 17, 1995, Notice of Violation issued by the Zoning Enforcement Branch, Zoning Administration Division, Office of Comprehensive Planning (OCP), for noncompliance with the approved rezoning for the property, which is the subject of Rezoning Application RZ 94-M-039.

Following discussion, with input from William Shoup, Deputy Zoning, Administrator/Assistant Division Director, Zoning Administration Division, OCP; and George A. Symanski, Jr., Deputy County Attorney, Supervisor Gross moved to uphold the Zoning Administrator's Determination set forth in the notice of violation dated November 17, 1995, that the appellants are in violation of the proffers associated with the approval of Rezoning Application RZ 95-M-039. This motion was seconded by Supervisor Kauffman and carried by a vote of seven, Supervisor Frey, Supervisor Mendelsohn, and Chairman Hanley being out of the room.

26.I-1 - STAFF SUMMARIES OF NOVEMBER AND DECEMBER 1995, TRANSPORTATION ADVISORY COMMISSION (TAC) MEETINGS (COUNTYWIDE) (Tape 7)

The Board next considered an Item contained in the Memorandum to the Board dated February 26, 1996 presenting the staff summaries of the Transportation Advisory Commission (TAC) meetings of November and December 1995.

27.I-2 - METROBUS LINE 12 SERVICE CHANGES FOR FISCAL YEAR (FY) 1997 (SULLY DISTRICT) (Tape 7)

The Board next considered an Item contained in the Memorandum to the Board dated February 26, 1996 requesting authorization for staff to request the Washington Metropolitan Area Transit Authority (WMATA) to schedule public hearings on the Line 12 Metrobus service changes outlined in the Memorandum to the Board so as to effect the changes by July 1, 1996.

The staff was directed administratively to proceed as proposed.

28.I-3 - PLANNING COMMISSION ACTION ON PUBLIC FACILITIES APPLICATION 456-H95-36, YMCA OF METROPOLITAN WASHINGTON (HUNTER MILL DISTRICT) (Tape 7)

The Board next considered an Item contained in the Memorandum to the Board dated February 26, 1996 presenting the Planning Commission action regarding Public Facilities Application 456-H95-36 (YMCA of Metropolitan Washington). The Commission voted to approve the Application citing that it met the Code of Virginia, Section 15.1-456 criteria of character, location and extent, and was in substantial accord with the County's Comprehensive Plan.

29.I-4 - NOTIFICATION PROCEDURES FOR NON-ROADWAY CAPITAL CONSTRUCTION PROJECTS INVOLVING THE REPAIR AND REPLACEMENT OF EXISTING FACILITIES (COUNTYWIDE) (Tape 7)

The Board next considered an Item contained in the Memorandum to the Board dated February 26, 1996 requesting authorization for staff to utilize the notification procedure outlined in the Memorandum to the Board to coordinate non-roadway capital construction projects involving the repair and replacement of existing facilities.

Chairman Hanley relinquished the Chair to Vice-Chairman Hyland and asked unanimous consent that with regard to the notification procedure the Board direct staff to notify the Chairman's office as well as the District Supervisor's office. Without objection, it was so ordered.

The staff was directed administratively to proceed as proposed.

Vice-Chairman Hyland returned the gavel to Chairman Hanley.

30.I-5 - DISCONTINUANCE OF THE PLAN CERTIFICATION PROGRAM FOR SINGLE-FAMILY DETACHED HOUSES (Tape 7)

The Board next considered an Item contained in the Memorandum to the Board dated February 26, 1996 announcing the Department of Environmental Management's (DEM) plan to discontinue the R-4 Certified which is the name used for the Plan Certification Program for single-family detached houses.

31.I-6 - CERTIFICATION FOR TAX CREDIT APPLICATION FOR NORTH POINT AFFORDABLE HOUSING (HUNTER MILL DISTRICT) (Tape 7)

The Board next considered an Item contained in the Memorandum to the Board dated February 26, 1996 requesting authorization for staff to sign the letter outlined in the Memorandum to the Board to the Virginia Housing Development Authority (VHDA) for Reston Interfaith Housing Corporation Partners to include with its application.

Supervisor Dix moved that the Board direct staff to modify the language in the letter that responds to the State by changing "supports the allocation" to:

Discussion ensued, with input from William Macmillan, Management Analyst, Program Planning and Evaluation Division, Department of Housing and Community Development (DHCD).

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

32.I-7 - CERTIFICATION FOR TAX CREDIT APPLICATION FOR DULLES TOWN CENTER PHASE III (HUNTER MILL DISTRICT) (Tape 7)

The Board next considered an Item contain in the Memorandum to the Board dated February 26, 1996 requesting authorization for the County Executive to sign a letter of certification as required by the Virginia Housing Development Authority (VHDA) to enable the Dulles Town Center III Associates L.P. to receive a federal tax credit for the development of affordable apartments in the Dulles Town Center Phase II.

Supervisor Dix moved that the Board direct staff to modify language in the letter that responds to the State by changing "supports the allocation" to:

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

33.I-8 - AWARD OF CONTRACT - DEMOLITION FOR THE WIEHLE AVENUE PARK AND RIDE (HUNTER MILL DISTRICT) (Tape 7)

The Board next considered an Item contained in the Memorandum to the Board dated February 26, 1996 requesting authorization for staff to award a contract to the Driggs Corporation in the amount of $198,700 for the demolition of an existing building in order to construct the Wiehle Avenue Park and Ride, Project 90A008, in Subfund 471, County Bond Construction.

The staff was directed administratively to proceed as proposed.

34.I-9 - AWARD OF CONTRACT FOR MINORITY AIDS PROJECT (Tape 7)

The Board next considered an Item contained in the Memorandum to the Board dated February 26, 1996, requesting authorization for staff to award a contract to the Gum Springs Community Development Corporation in the amount of $57,888 for the Minority Aids Project, Subfund 107, Federal/State Grant Fund.

The staff was directed administratively to proceed as proposed.

35.I-10 - AWARD OF CONTRACT TO PROVIDE HEALTH MAINTENANCE ORGANIZATION (HMO) SERVICES TO FAIRFAX COUNTY EMPLOYEES (Tape 7)

The Board next considered an Item contained in the Memorandum to the Board dated February 26, 1996, requesting authorization for staff to award a contract to Kaiser Permanente, New York Life/HealthPlus, and Prudential Health Care Plan of the Mid-Atlantic for a three year term with estimated Fiscal Year (FY) 1997 expenditures of $12 million.

Discussion followed, with input from Paul L. Baldino, Assistant Director, Office of Personnel, and Kevin C. Greenlief, Director, Department of Tax Administration.

The staff was directed administratively to proceed as proposed.

36.I-11 - CERTIFICATION FOR TAX CREDIT APPLICATION FOR JEFFERSON COMMONS II - MCNAIR FARMS LAND BAY THREE (HUNTER MILL DISTRICT) (Tape 7)

The Board next considered an Item contained in the Memorandum to the board dated February 26, 1996, requesting authorization for staff to sign the letter (contained in the Memorandum to the Board) to the Virginia Housing Development Authority (VHDA) for Jefferson Commons II L.P. to include with its tax credit application.

Supervisor Dix moved that the Board direct staff to modify the language in the letter that responds to the State by changing "supports the allocation" to:

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

37.I-12 - CERTIFICATION FOR TAX CREDIT APPLICATION FOR MANCHESTER LAKES SENIORS APARTMENTS (LEE DISTRICT) (Tape 7)

The Board next considered an Item contained in the Memorandum to the Board dated February 26, 1996, requesting authorization for staff to sign the letter (contained in the Memorandum to the Board) to the Virginia Housing Development Authority (VEDA) for First Centrum to include with its tax credit application.

Supervisor Kauffman moved approval of the staff recommendation. The motion was seconded by Supervisor Bulova and carried by unanimous vote.

BOARD MATTERS

AM:am

38.PARKING OF RECREATIONAL VEHICLES ON PUBLIC STREETS (Tape 8)

Supervisor Hyland referred to his written Board Matters concerning the parking of recreational vehicles (RVs), and boats, etcetera, in residential communities.

Supervisor Hyland stated that he had received a letter from the Virginia Division of Legislative Services which was in response to Delegate James K. O'Brien's proposed legislation suggesting that Fairfax County already has the authority to provide for the regulation of parking within its limits.

Therefore, Supervisor Hyland asked unanimous consent that the Board direct the County Attorney to:

Without objection, it was so ordered.

39."KEEP FAIRFAX COUNTY BEAUTIFUL" MONTHS (Tape 8)

Supervisor Hyland stated that he had received a letter from Clean Fairfax Council, Incorporated requesting that the Board proclaim March, April and May as "Keep Fairfax County Beautiful" months. He noted that for many years now the Board has designated April and May as special environmental awareness months. Because more and more organizations are involved, Supervisor Hyland asserted that the time has come to expand the number of months for the Board to continue to strongly support all people who tirelessly commit to the environment and to continue to demonstrate that support in every way.

Accordingly, on behalf of all residents, Supervisor Hyland asked unanimous consent that the Board:

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

40.EXPANSION OF CONSOLIDATED PLAN REVIEW COMMITTEES (Tape 8)

Supervisor Hyland reminded the Board that at its last meeting, the Board made its decision on the Consolidated Plan: One Year Action Plan for Fiscal Year 1997. He stated that he recently received a communication from the Chairman of the Community Development Advisory Committee (CDAC) asking that three members of the CDAC be appointed to the Consolidated Plan Review Committee (CPRC).

Citing the merits of the involvement of CDAC members, Supervisor Hyland moved to effect the change recommended by the Chairman of the CDAC which is to include three members of the CDAC on the Consolidated Plan Review Committee. This motion was seconded by Supervisor Kauffman and carried by unanimous vote.

41.A MATTER FOR THE SNOW SUMMIT (Tape 8)

Supervisor Hyland referred to his written Board Matters regarding parking on one side of the street to assist the Virginia Department of Transportation (VDOT) with snow clearing.

Accordingly, Supervisor Hyland asked unanimous consent that the Board direct staff to include as an item for the agenda at the Snow Summit scheduled for March 19, 1996, the possibility of County-imposed restrictions on street parking during a snow storm or declared emergency. Without objection, it was so ordered.

(NOTE: Later in the meeting, there was additional discussion regarding the Snow Summit. See Clerk's Summary Item CL#78.)

42.WOODROW WILSON BRIDGE PUBLIC HEARING HELD SATURDAY, FEBRUARY 24, 1996 (Tape 8)

Supervisor Hyland summarized the proceedings of the public hearing on the Woodrow Wilson Bridge that was held Saturday, February 24, 1996 at the Holiday Inn Conference Center in Old Town Alexandria.

Supervisor Hyland stated that staff is analyzing the supplemental and environmental impact documents and will present a recommendation to the Board on March 11, 1996.

43.FAIRFAX BAR ASSOCIATION REQUESTS REPRESENTATION ON THE YOUTH VIOLENCE STEERING COMMITTEE (Tape 8)

(BACs)

(APPT)

Supervisor Hyland stated that it was recently called to his attention that the president of the Fairfax Bar Association had written to request that the Association be represented on the newly established Youth Violence Steering Committee. He explained the merits of the request.

Accordingly, Supervisor Hyland moved that the Board:

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

44.RECESS/EXECUTIVE SESSION (Tape 8)

At 2:25 p.m., Supervisor Connolly 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.

Supervisor Dix asked to amend the motion to pull Legal Item Number Five - Board of Supervisors of Fairfax County versus Launders, et al, At Law Number 98386 and reschedule it for consideration at a later date. Following input from David P. Bobzien, County Attorney, this was accepted.

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

SBE:sbe

At 3:55 p.m., the Board reconvened in the Board Auditorium with all Members being present, with the exception of Supervisor Hyland, and with Chairman Hanley presiding.

ACTIONS FROM EXECUTIVE SESSION

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

Supervisor Bulova moved that the Board certify that, to the best of its 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 Frey and carried by a vote of nine, Supervisor Bulova, Supervisor Connolly, Supervisor Dix, Supervisor Frey, Supervisor Gross, Supervisor Kauffman, Supervisor McConnell, Supervisor Mendelsohn, and Chairman Hanley voting "AYE," Supervisor Hyland being out of the room.

46.SETTLEMENT OF THE MATTER, KNV I LIMITED PARTNERSHIP VERSUS BOARD OF SUPERVISORS, AT LAW NUMBER 131775 (Tape 9)

Supervisor Connolly moved that the Board authorize the settlement of the matter, KNV I Limited Partnership versus Board of Supervisors, At Law Number 131775, upon the terms outlined by the County Attorney in Executive Session. This motion was seconded by Supervisor Dix and carried by a vote of nine, Supervisor Hyland being out of the room.

47.SETTLEMENT OF THE MATTERS KNV II LIMITED PARTNERSHIP VERSUS BOARD OF SUPERVISORS, AT LAW NUMBERS 131776 AND 131777 (Tape 9)

Supervisor Connolly moved that the Board authorize the settlement of the matters KNV II Limited Partnership versus Board of Supervisors, At Law Numbers 131776 and 131777 (Consolidated), upon the terms outlined by the County Attorney in Executive Session. This motion was seconded by Supervisor Dix and carried by a vote of nine, Supervisor Hyland being out of the room.

48.KALEIDOSCOPE OF ALTERNATIVE HOUSE, INCORPORATED (Tape 9)

Supervisor Connolly moved that the Board direct the County Attorney to join the Zoning Administrator in taking appropriate legal action to reverse the decision by the Board of Zoning Appeals in Appeal Applications A 95-P-069 and A 95-P-070 which reversed the Zoning Administrator's determination regarding Kaleidoscope of Alternative House, Incorporated. This motion was seconded by Supervisor Dix and carried by a vote of nine, Supervisor Hyland being out of the room.

49.SETTLEMENT OF SUNSET JOINT VENTURE VERSUS BOARD OF SUPERVISORS, ET AL., AT LAW NUMBERS 128937, 128938, AND 137769 (Tape 9)

Supervisor Mendelsohn moved that the Board authorize the settlement of Sunset Joint Venture versus Board of Supervisors, et al, At Law Numbers 128937, 128938 and 137769 according to the terms and conditions outlined by the County Attorney in Executive Session. This motion was seconded by Supervisor Kauffman and carried by a vote of nine, Supervisor Hyland being out of the room.

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50.3:30 P.M. - PH ON REZONING APPLICATION RZ 95-P-055 (BOARD OF SUPERVISORS' OWN MOTION) (PROVIDENCE DISTRICT) (Tape 10)

Supervisor Connolly moved to defer the public hearing on Rezoning Application RZ 95-P-055 until March 18, 1996 at 4:00 p.m. This motion was seconded by Supervisor Frey and carried by a vote of eight, Supervisor Hyland and Supervisor Mendelsohn being out of the room.

51.3:30 P.M. - PH ON REZONING APPLICATION RZ 95-V-009 (MARTIN E. TURK, TRUSTEE) (MOUNT VERNON DISTRICT) (Tape 10)

On behalf of Supervisor Hyland, Supervisor Kauffman moved to defer the public hearing on Rezoning Application RZ 95-V-009 until March 11, 1996 at 4:00 p.m. This motion was seconded by Supervisor Dix and carried by a vote of eight, Supervisor Hyland and Supervisor Mendelsohn being out of the room.

52.3:30 P.M. - PH ON SPECIAL EXCEPTION APPLICATION SE 95-P-067 (THOMAS PALLOTTA) (PROVIDENCE DISTRICT) (Tape 10)

Mr. Donald D. Smith reaffirmed the validity of the affidavit for the record.

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

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

Supervisor Connolly moved:

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

53.3:30 P.M. - PH ON REZONING APPLICATION RZ 95-Y-016 AND SPECIAL EXCEPTION APPLICATION SE 95-Y-024 (CHANTILLY 50-28 ASSOCIATES LIMITED PARTNERSHIP) (SULLY DISTRICT) (Tape 10)

Supervisor Frey moved to defer the public hearing on Rezoning Application RZ 95-Y-016 and Special Exception Application SE 95-Y-024 until March 11, 1996 at 4:00 p.m. This motion was seconded by Supervisor Dix and carried by a vote of eight, Supervisor Hyland and Supervisor Mendelsohn being out of the room.

54.4:00 P.M. - PH ON REZONING APPLICATION RZ 95-P-022 (H. ANDREW AMAN AND STEVEN R. ROSS) (PROVIDENCE DISTRICT) (Tape 10)

At the applicant's request, Supervisor Connolly moved to defer indefinitely the public hearing on Rezoning Application RZ 95-P-022. This motion was seconded by Supervisor McConnell and carried by a vote of eight, Supervisor Hyland and Supervisor Mendelsohn being out of the room.

55.4:00 P.M. - PH ON REZONING APPLICATION RZ 95-B-024 (BRUCE WINSTON) (BRADDOCK DISTRICT) (Tape 10)

(NOTE: On February 12, 1996, the Board deferred the public hearing on Rezoning Application RZ 95-B-024 until February 26, 1996.)

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

Supervisor McConnell disclosed the following campaign contribution which she had received:

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

Following the public hearing, which included testimony by four speakers, Mary Ann Godfrey, Senior Staff Coordinator, Zoning Evaluation Division, Office of Comprehensive Planning, presented the staff and Planning Commission recommendations.

Supervisor Bulova moved that the Zoning Ordinance as it applies to the property which is the subject of Rezoning Application RZ 95-B-024 be amended from the R-1 District to the PDH-3 District subject to the executed proffers dated February 6, 1996. This motion was seconded by Supervisor Connolly and carried by a vote of eight, Supervisor Hyland and Supervisor Mendelsohn being out of the room.

56.4:00 P.M. - PH ON REZONING APPLICATION RZ 95-P-022 (H. ANDREW AMAN AND STEVEN R. ROSS) (PROVIDENCE DISTRICT) (No Tape)

(NOTE: Earlier in the meeting, the public hearing on Rezoning Application RZ 95-P-022 was deferred indefinitely. See Clerk's Summary Item CL#54.)

57.4:00 P.M. - PH ON SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 80-M-140 (EXXON CORPORATION) (MASON DISTRICT) (Tape 10)

Mr. Frank W. Stearns reaffirmed the validity of the affidavit for the record.

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

Supervisor Connolly declined participation in the public hearing on this application and left the Board Auditorium.

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

Supervisor Gross moved approval of Special Exception Amendment Application SEA 80-M-140 subject to the development conditions dated November 29, 1995 for Parcel 1A (Exxon) and dated January 5, 1996 for Parcel 1B (Color Tile). This motion was seconded by Supervisor Dix and carried by a vote of six, Supervisor Connolly, Supervisor Frey, Supervisor Hyland, and Supervisor Mendelsohn being out of the room.

58.4:00 P.M. - PH ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 9 (CABLE COMMUNICATIONS) AND APPENDIX H (CABLE TELEVISION FRANCHISES) TO TRANSFER THE CABLE TELEVISION SYSTEM FRANCHISE IN RESTON, VIRGINIA FROM TIME WARNER ENTERTAINMENT, LIMITED PARTNERSHIP, TO JONES CABLE HOLDINGS, INCORPORATED (HUNTER MILL DISTRICT) (Tape 10)

(O)Certificates of Publication were filed from the Editor of the Fairfax Journal, showing that notice of said public hearing had been duly advertised in that Newspaper in the issues of February 16 and February 23, 1996.

Following the public hearing, Supervisor Dix moved adoption of the proposed amendments, as revised, to the Code of the County of Fairfax, Chapter 9 (Cable Communications) and Appendix H (Cable Television Franchises) that codify a transfer of the Reston Cable Television franchise from Time Warner Entertainment, Limited Partnership, to Jones Cable Holdings, Incorporated, to become effective upon adoption. This motion was seconded by Supervisor McConnell and carried by a vote of eight, Supervisor Bulova, Supervisor Connolly, Supervisor Dix, Supervisor Frey, Supervisor Gross, Supervisor Kauffman, Supervisor McConnell, and Chairman Hanley voting "AYE," Supervisor Hyland and Supervisor Mendelsohn being out of the room.

59.4:30 P.M. - PUBLIC COMMENT FROM FAIRFAX COUNTY CITIZENS AND BUSINESSES ON ISSUES OF CONCERN (Tapes 10-11)

Certificates of Publication were filed from the Editor of the Fairfax Journal, showing that notice of said public hearing had been duly advertised in that Newspaper in the issues of February 9, and February 16 1996.

Citizens and Businesses of Fairfax County are encouraged to present their views on issues of concern. The Board will hear public comment on any issue except: issues under litigation, issues which have been scheduled for public hearing before the Board (this date and future dates), personnel matters and/or comments regarding individuals. Each speaker may have up to three minutes and a maximum of 10 speakers will be heard. Speakers may address the Board only once during a six month period.

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

ADDITIONAL BOARD MATTER

PRESENCE OF BOY SCOUT TROUP 1131

Chairman Hanley introduced members of Boy Scout Troup 1131 from Saint Stephens United Methodist Church and welcomed them to the Board Auditorium.

The public hearing continued with testimony by the following speakers:

ADDITIONAL BOARD MATTERS

AM:am

60.PROCLAMATION DESIGNATING "ARTS APPRECIATION DAY" IN FAIRFAX COUNTY (Tape 12)

Chairman Hanley relinquished the Chair to Acting-Chairman Dix and moved approval of the Proclamation designating March 11, 1996 as "Arts Appreciation Day" in Fairfax County to be presented to Tom Waldrop, Chairman of the Council of the Arts of Fairfax County, Incorporated at the March 11, 1996 Board meeting. This motion was seconded by Supervisor McConnell and carried by a vote of nine, Supervisor Hyland being out of the room.

61.PROCLAMATION DESIGNATING NATIONAL "PUBLIC HEALTH WEEK" IN FAIRFAX COUNTY (Tape 12)

Chairman Hanley moved approval of the Proclamation designating the week of April 1 through April 7, 1996 as "Public Health Week" in Fairfax County. This motion was seconded by Supervisor Kauffman and carried by a vote of nine, Supervisor Hyland being out of the room.

62.CIVIL SERVICE COMMISSION PROCESS (Tape 12)

Chairman Hanley referred to a letter from the Civil Service Commission with an attachment showing the number of cases heard before the Commission. She asked unanimous consent that the Board direct the Civil Service Commission to provide more information as to what types of cases were heard and the length of time it takes to process cases. Without objection, it was so ordered

Chairman Hanley moved that the Board direct the County Executive to report with recommendations regarding the Civil Service Commission recommendations so that they can be implemented as quickly as possible. This motion was seconded by Supervisor Mendelsohn and carried by a vote of nine, Supervisor Hyland being out of the room.

63.HEALTH CARE ADVISORY BOARD (HCAB) CERTIFICATE OF NEED APPLICATION (Tape 12)

Chairman Hanley stated that she has distributed information to the Board on the Health Care Advisory Board (HCAB) Certificate of Need Application for Fair Oaks Hospital.

64.ORKAND CORPORATION (Tape 12)

Chairman Hanley announced that on February 22, 1996 the Economic Development Authority (EDA) distributed a press release announcing the opening of the Orkand Corporation in Fairfax County.

65.HUMAN SERVICES SUBCOMMITTEE PART H MEETING (Tape 12)

Chairman Hanley referred to a memorandum which she distributed to Board Members regarding the results of the Human Services Subcommittee Part H Meeting on February 20, 1996. As indicated in the meeting, there is concern about the reports of staff's failure to clearly communicate with parents and providers and the inordinate length of time it has taken to implement this new process.

66.GRANT FUNDED AND PRETRIAL POSITIONS FOR THE GENERAL DISTRICT COURT (Tape 12)

Chairman Hanley stated she was in receipt of a letter from Judge Waters and Judge McDonough, Pretrial Services, regarding the grant funded positions for the General District Court. Chairman Hanley noted that at the Personnel Subcommittee meeting she had asked what the process was going to be for bringing to the Board those positions that needed to be filled in light of the fact that the Board has asked that vacancies be approved by the Board.

Following discussion, with input by Judge McDonough, Chairman Hanley moved that the Board grant the exemption for the grant funded positions in the General District Court and for the pretrial positions assigned to the jail. This motion, the second to which was inaudible, carried by a vote of nine, Supervisor Hyland being out of the room.

67.OPEN BURNING REGULATIONS (Tape 12)

Chairman Hanley announced that staff has provided the Board with a copy of the final regulations that will allow open burning. She asked unanimous consent that the Board refer these regulations to staff to determine what effect these regulations will have on open burning in Fairfax County. Without objection, it was so ordered.

68.REVIEW OF REGULAR POSITION VACANCIES (Tape 12)

Chairman Hanley called the Board's attention to the second review of the regular position vacancies since there seems to be fewer vacancies since the Board moved to freeze positions. The County Executive stated that these positions were filled before the Board took action to freeze the vacancies.

(NOTE: Later in the meeting, there was further discussion of the Position Vacancy Report. See Clerk's Summary Item CL#80.)

69.APPOINTMENT TO THE COMMITTEE ON THE REVENUES AND EXPENDITURES (CREX) (Tape 12)

(APPT)

Chairman Hanley moved the appointment of Ms. Janie Strauss as the School Board Representative to the Committee on the Revenues and Expenditures (CREx). This motion was seconded by Supervisor Connolly and carried by a vote of nine, Supervisor Hyland being out of the room.

Acting-Chairman Dix returned the gavel to Chairman Hanley.

PMH:pmh

70.BUDGET WORKSHOP SCHEDULED FOR WEDNESDAY, FEBRUARY 28, 1996 (Tape 13)

Supervisor Bulova announced that there is a Budget Workshop scheduled for Wednesday, February 28, 1996. She said that on the Agenda was the unveiling of a computer model that will help Board Members through their budget challenge. She said that there will be a discussion of the Lines of Business (LOB) process and the rationale that the staff used for determining if they were core or noncore and how they were categorized. She added that she would like to begin the discussion with Public Safety and she asked unanimous consent that the Board direct:

Supervisor Dix asked that the request be amended to direct the appropriate staff person to be available to respond to why some positions in the Department of Environmental Management (DEM) were listed as Public Safety positions, and this was accepted.

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

71.TRANSPORTATION MANAGEMENT ORGANIZATIONS SEEK TO INITIATE AND OPERATE A PAGE ON THE INTERNET WEB (Tape 13)

(R)Supervisor Dix said that three transportation management organizations that serve the Dulles Corridor, the Dulles Area Transportation Association (DATA), Reston's LINK, and Tysons Corner's TYTRAN, are collaborating to initiate a new service for employees, employers, and residents in the corridor. They are applying for a State Transportation Efficiency Improvement Fund (TEIF) grant to start and operate a page on the Internet web.

Supervisor Dix moved adoption of the Resolution that recognizes and applauds the initiative of DATA, LINK and TYTRAN in seeking to enhance the availability of transit and transportation information for travelers in the Dulles Corridor and endorses their application for a State TEIF grant to establish and operate a page on the internet web. This motion was seconded by Supervisor Frey.

Following discussion, Chairman Hanley relinquished the Chair to Acting-Chairman McConnell and asked to amend the motion to direct staff to report with information as to whether this request is part of Fairfax County's TEIF grants, and this was accepted.

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

Acting-Chairman McConnell returned the gavel to Chairman Hanley.

72.REQUEST FOR WAIVER OF FEES ASSOCIATED WITH THE PERMITS REQUIRED FOR THE RENOVATION OF THE VIENNA TOWN HALL (Tape 13)

Supervisor Dix said that later this year, renovation will begin at the Vienna Town Hall. The plans call for the installation of an elevator, improvement of all restroom facilities, and removal of barriers encountered by physically challenged individuals. The Town Hall, first constructed in 1950 with additions added in 1962, is Vienna's public meeting place.

Therefore, Supervisor Dix moved that the Board authorize the waiver of any fees associated with the required permits for the Vienna Town Hall renovation project. This motion was seconded by Supervisor McConnell and carried by a vote of nine, Supervisor Hyland being out of the room.

73.FAIRFAX COUNTY FOOTBALL HALL OF FAME SIXTH ANNUAL AWARDS BANQUET 1996 (Tape 13)

Supervisor Dix announced that the Fairfax County Football Hall of Fame Sixth Annual Awards Banquet 1996 will be held on Sunday, March 3, 1996. He distributed to Board Members a listing of awardees. He pointed out that there will be both youth sport awardees and high school players. He invited Board Members to attend the Banquet.

74.SIMULTANEOUS PROCESSING OF THE PRELIMINARY AND FINAL SUBDIVISION PLANS FOR PINE HILL PARTNERS, L.C., DURING THE PROCESSING OF REZONING APPLICATION RZ 96-D-004 (Tape 13)

Supervisor Mendelsohn moved that the Board direct staff to simultaneously process the Preliminary and Final Subdivision Plans for Pine Hill Partners, L.C., during the processing of Rezoning Application RZ 96-D-004 for property located on Tax Map References 030((2))35 and 030((2))35A in McLean. This motion does not anticipate support by Supervisor Mendelsohn or by the Board for the Rezoning Application, which will be considered at a later date or approval of the Subdivision Plan. This motion was seconded by Supervisor Bulova and carried by a vote of seven, Supervisor Dix, Supervisor Hyland, and Chairman Hanley being out of the room.

75.REQUEST FOR CONCURRENT AND EXPEDITIOUS PROCESSING OF THE ENGINEERING AND SITE PLANS FOR SPECIAL EXCEPTION APPLICATION SE 96-P-006 (Tape 13)

Supervisor Connolly stated that CB Institutional Fund V has filed a Special Exception Application in the Tysons Corner area of Providence District on a property located as Tax Map Reference 29-3((15))11B (8260 Greensboro Drive). The application seeks approval for an increase in building height for a proposed office tower with 294,000 square feet. The building would increase from 120 feet in height to 185 feet. This expansion is to accommodate the company's growth into a new service arena. The applicant would like to initiate construction during this year.

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

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

76.OUT-OF-TURN PLAN AMENDMENT FOR PROPERTY IDENTIFIED AS TAX MAP REFERENCE 49-3((1))2, 4, 5 AND 49-4((1))35 (Tape 13)

Supervisor Connolly stated that staff, during their review of Rezoning Application RZ 95-P-026 [Tax Map Reference 49-3((1))2] which proposes 47 townhomes on approximately six acres, has suggested consolidation of three adjacent parcels to the west. This consolidation would allow the realignment of Chichester Lane to a point directly across from Lee Highway and Cedarest Road. Centex Homes has contacted the owners of these adjacent parcels (lots four, five, and 35) in an attempt to purchase those properties for a consolidated development. Centex believes that these parcels can be consolidated if the Plan is amended to recommend residential use at a density range of five to eight dwelling units per acre, as is currently recommended for the Wells property (lot two). If these parcels (lots four, five, and 35) are recommended for five to eight dwelling units per acre instead of their current recommendation of two to three dwellings units per acre then the pending Rezoning Application on the Wells property can be amended to incorporate all of the parcels that are under contract.

Therefore, Supervisor Connolly moved that the Board authorize an Out-of-turn Plan Amendment for property identified as Tax Map Reference 49-3((1))2, 3, 4, 5 and 49-4((1))35 to consider revising the recommended density from two to three dwelling units per acre to five to eight dwelling units per acre. This motion was seconded by Supervisor Bulova and carried by a vote of seven, Supervisor Dix, Supervisor Hyland, and Chairman Hanley being out of the room.

77.COUNCIL OF THE ARTS OF FAIRFAX COUNTY TELETHON (Tape 13)

Supervisor Connolly announced that he had participated in the annual Telethon for the Council of the Arts of Fairfax County. He said that the Telethon is well on its way to its goal of $50,000.

Supervisor Connolly stated that it was not too late to make a pledge to the Council of the Arts of Fairfax County.

78.SNOW SUMMIT (Tape 13)

(NOTE: Earlier in the meeting, there was discussion regarding a matter for the Snow Summit. See Clerk's Summary Item CL#41.)

Supervisor Connolly noted that the Snow Summit is scheduled for March 19, 1996 from 1:00 p.m. until 4:00 p.m. in the Government Center.

Following a query from Supervisor Connolly, William J. Leidinger, County Executive, stated that the County would help publicize notice of the event to citizens and interested groups in Fairfax County. He added that staff would also raise the issue with the Virginia Department of Transportation (VDOT).

NV:nv

79.REQUEST TO SEEK STATE DEMONSTRATION GRANT FUNDING THROUGH THE NORTHERN VIRGINIA TRANSPORTATION COMMISSION (NVTC) FOR A VAN/TROLLEY SERVICE IN THE CENTRAL SPRINGFIELD BUSINESS DISTRICT (CBD) (Tape 14)

Supervisor Kauffman reported that the County can seek State Demonstration Grant funding through the Northern Virginia Transportation Commission (NVTC) to set up a Van/Trolley service in the Springfield Central Business District (CBD).

Supervisor Kauffman distributed to Board Members a memorandum to the Springfield Chamber of Commerce presenting the purpose of the service; the concept; and the estimated time line. This proposal was well received by the Chamber as supported by letters from the Chamber and individual members.

Supervisor Kauffman said that the service would be run through a private Transportation Management Association with services provided by a contract with a private carrier. No County dollars would be necessary to initiate the service.

Supervisor Kauffman noted that if the Board is successful in its effort to fund this service through State grants and Federal "maintenance of traffic" funds associated with the I-95/395/495 interchange project, the benefits will include:

Supervisor Kauffman moved that the Board seek State Demonstration Grant funding through the Northern Virginia Transportation Commission (NVTC) for this Van/Trolley service in the Springfield Central Business District (CBD). This motion was seconded by Supervisor McConnell and carried by a vote of eight, Supervisor Dix and Supervisor Hyland being out of the room.

Supervisor Bulova congratulated Supervisor Kauffman for initiating an innovative means of providing a service in this area at no cost to the citizens.

80.POSITION VACANCY REPORT (Tape 14)

(NOTE: Earlier in the meeting, the Board discussed the Position Vacancy Report. See Clerk's Summary Item CL#68.)

Supervisor Kauffman called the Board's attention to the most recent Position Vacancy Report and expressed his concern regarding staffing at the Crossroads Facility. He asked unanimous consent that the Board direct staff to monitor vacancies at that facility as they might affect State certification. Without objection, it was so ordered.

81.RAILROAD SAFETY FOR AT-GRADE CROSSINGS (Tape 14)

Supervisor McConnell addressed a constituent's concern for railroad safety on Roberts Parkway. She stated that this constituent was routinely crossing the at-grade railroad crossing along Roberts Parkway when he was alarmed by a train signal warning light being activated followed by an oncoming train. He said that the train seemed to enter this at-grade crossing very shortly after his leaving the crossing and with little advance warning. This incident caused him great concern. With the recent train tragedy in Silver Spring, Maryland, Supervisor McConnell expressed her own concern regarding this incident.

Accordingly, Supervisor McConnell moved that the Board direct staff to contact the appropriate safety officials to inspect this railroad crossing and consider reviewing all other at-grade railroad crossings in the County to ensure that safety and warning equipment is working properly. This motion was seconded by Supervisor Bulova and carried by a vote of eight, Supervisor Dix and Supervisor Hyland being out of the room.

(NOTE: Later in the meeting, there was further discussion regarding this matter. See Clerk's Summary Item CL#83.)

82.NO BOARD MATTERS FOR SULLY DISTRICT SUPERVISOR MICHAEL FREY (Tape 14)

Supervisor Frey announced that he had no Board Matters to present today.

83.RAILROAD SAFETY FOR AT-GRADE CROSSINGS (Tape 14)

(NOTE: Earlier in the meeting, the Board discussed this issue. See Clerk's Summary Item CL#81.)

Supervisor Gross echoed the safety concerns expressed earlier regarding at-grade railroad crossings.

84.DEFERRAL OF PUBLIC HEARING ON SPECIAL EXCEPTION APPLICATION SE 95-M-060 (Tape 14)

Supervisor Gross stated that Special Exception Application SE 95-M-060 is an application by American PCS to permit construction of an eighty foot monopole on the site of Saint Albans Church on Columbia Pike. The public hearing before the Board is scheduled for March 11, 1996 at 3:30 p.m. However, because of scheduling difficulties with key citizens involved with the application, Supervisor Gross moved that the Board defer the public hearing for Special Exception Application SE 95-M-060 until March 18, 1996 at 3:30 p.m. This motion was seconded by Supervisor Kauffman and carried by a vote of eight, Supervisor Dix and Supervisor Hyland being out of the room.

85.SCHEDULE FOR BUDGET COMMITTEE AND PERSONNEL COMMITTEE MEETINGS (Tape 14)

(NOTE: Earlier in the meeting, the Board announced its scheduled Budget Committee meetings. See Clerk's Summary Item CL#70.)

Supervisor Bulova reiterated that the Budget Committee would be meeting at 9:30 a.m. on Wednesday, February 28, 1996 and that the Personnel Committee would be meeting at 8:00 a.m. that same morning.

86.BOARD ADJOURNMENT (Tape 14)

At 5:50 p.m., the Board adjourned