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CLERK'S BOARD SUMMARY

REPORT OF ACTIONS OF THE

FAIRFAX COUNTY BOARD OF SUPERVISORS

MONDAY

October 28, 2002

 

This does not represent a verbatim transcript of the Board Meeting and is subject to minor change. For the most up-to-date version, check the website http://www.fairfaxcounty.gov/bosclerk/main.htm. This document will be made available in an alternative format upon request. Please call 703-324-3151 (VOICE), 703-324-3903 (TTY).

22-02

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The meeting was called to order at 9:05 a.m., with all Members being present, with the exception of Supervisor McConnell, and with Chairman Hanley presiding.

Supervisor McConnell arrived at 9:40 a.m.

Others present were Anthony H. Griffin, County Executive; David P. Bobzien, County Attorney; Catherine A. Chianese, Assistant to the County Executive; Christina M. Manning, 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 MATTERS

1. THANKS TO POLICE DEPARTMENT REGARDING THE SNIPER SHOOTING EVENTS IN THE WASHINGTON AREA (Tape 1)

Chairman Hanley thanked the Fairfax County Police Chief Colonel J. Thomas Manger, and the entire Police Department for working during much of October to keep the community as safe as possible and working very hard to catch the perpetrators. She also thanked the first responders, firefighters, school security, all County personnel, and teachers.

2. MOMENT OF SILENCE (Tape 1)

Chairman Hanley asked everyone to remember in thoughts and prayers the victims of the sniper attacks and their families.

3. RED FOLDERS (Tape 1)

Chairman Hanley called the Board's attention to the red folders and noted that there were several items distributed around the dais; a legible map as an additional attachment for Admin  6, a revised Admin 2, and correspondence from the United States Environmental Protection Agency dated August 20, 2002, regarding the rail to Dulles.

4. WELCOME TO ROBERT G. TEMPLIN, JR., THE NEW PRESIDENT OF THE NORTHERN VIRGINIA COMMUNITY COLLEGE (NOVA) (Tape 1)

Chairman Hanley recognized the presence of the new President of NOVA, Robert G. Templin, Jr. and warmly welcomed him to the Board Auditorium.

Mr. Templin briefly addressed the Board.

AGENDA ITEMS

5. CERTIFICATE OF RECOGNITION PRESENTED TO MR. ARMAND MALO (Tape 1)

Supervisor Hyland moved approval of the Certificate of Recognition presented to Mr. Armand Malo for his service to Fairfax County. Chairman Hanley seconded the motion and it carried by a vote of nine, Supervisor McConnell not yet having arrived.

6. CERTIFICATE OF RECOGNITION PRESENTED TO MS. SHIRLEY LONG (Tape 1)

Supervisor Mendelsohn moved approval of the Certificate of Recognition presented to Ms. Shirley Long for being selected as Virginia’s 2002 Outstanding Elementary Assistant Principal of the Year by the Virginia Association of Elementary School Principals. Chairman Hanley seconded the motion and it carried by a vote of nine, Supervisor McConnell not yet having arrived.

7. CERTIFICATE OF RECOGNITION PRESENTED TO MR. GERALD HALPIN (Tape 1)

Supervisor Hyland moved approval of the Certificate of Recognition presented to Mr. Gerald Halpin for receiving a Master Entrepreneur of the Year award. Supervisor Connolly seconded the motion and it carried by a vote of nine, Supervisor McConnell not yet having arrived.

8. CERTIFICATES OF RECOGNITION PRESENTED TO MR. RONY AVALOS AND THE VIENNA VOLUNTEER FIREFIGHTERS (Tape 1)

Supervisor Hudgins moved approval of the Certificate of Recognition presented to Mr. Rony Avalos and the Vienna Volunteer Firefighters for their dedication to saving lives in Fairfax County and El Salvador. Chairman Hanley seconded the motion and it carried by a vote of eight, Supervisor Mendelsohn being out of the room, Supervisor McConnell not yet having arrived.

Supervisor Hudgins moved approval of the Certificate of Recognition presented to the mechanics for performing mechanical and automotive services to prepare and maintain an auxiliary ambulance donated by the Vienna Volunteer Fire Department. Chairman Hanley seconded the motion and it carried by a vote of eight, Supervisor Mendelsohn being out of the room, Supervisor McConnell not yet having arrived.

9. CERTIFICATE OF RECOGNITION PRESENTED TO MR. BEN ETTLEMAN AND DAVIS INDUSTRIES (Tape 1)

Supervisor Hyland moved approval of the Certificate of Recognition presented to Mr. Ben Ettleman and Davis Industries for their support of the Fairfax County Fire and Rescue Department. Supervisor Hudgins seconded the motion and it carried by a vote of nine, Supervisor Mendelsohn being out of the room.

10. CERTIFICATES OF RECOGNITION PRESENTED TO GOLD’S GYM HERNDON AND MEMBERS OF ITS STAFF (Tape 1)

Supervisor Hudgins moved approval of the Certificate of Recognition presented to Gold’s Gym Herndon and members of its staff for their service to the Reston-Herndon Senior Center and Fairfax County. Supervisor McConnell seconded the motion and it carried by a vote of eight, Supervisor Bulova and Supervisor Mendelsohn being out of the room.

Supervisor Hudgins moved approval of the Certificate of Recognition presented to Nancy LaFalce of Gold’s Gym Herndon and members of her staff for their service to the Reston-Herndon Senior Center and Fairfax County. Supervisor McConnell seconded the motion and it carried by a vote of eight, Supervisor Bulova and Supervisor Mendelsohn being out of the room.

11. PROCLAMATION DESIGNATING NOVEMBER AS "ADOPTION AWARENESS MONTH" IN FAIRFAX COUNTY (Tapes 1-2)

Chairman Hanley relinquished the Chair to Vice-Chairman Hyland and moved approval of the Proclamation to designate November as "Adoption Awareness Month" in Fairfax County. Supervisor McConnell seconded the motion and it carried by a vote of eight, Supervisor Bulova and Supervisor Kauffman being out of the room.

Vice-Chairman Hyland returned the gavel to Chairman Hanley.

12. CERTIFICATE OF RECOGNITION PRESENTED TO THE VOLUNTEER HOME REPAIR PROGRAM (Tape 2)

Supervisor Gross moved approval of the Certificate of Recognition presented to members of the Volunteer Home Repair Program for their work. Supervisor Hyland seconded the motion and it carried by a unanimous vote.

13. PROCLAMATION DESIGNATING NOVEMBER 15, 2002, AS "FAIRFAX COUNTY RECYCLES DAY" IN FAIRFAX COUNTY (Tape 2)

Chairman Hanley relinquished the Chair to Vice-Chairman Hyland and moved approval of the Proclamation to designate November 15, 2002, as "Fairfax County Recycles Day" in Fairfax County. Vice-Chairman Hyland seconded the motion and it carried by a vote of nine, Supervisor Connolly being out of the room.

14. PROCLAMATION DESIGNATING NOVEMBER AS "AMERICAN INDIAN HERITAGE MONTH" IN FAIRFAX COUNTY (Tape 2)

Chairman Hanley moved approval of the Proclamation to designate November as "American Indian Heritage Month" in Fairfax County. Vice-Chairman Hyland seconded the motion and it carried by a vote of eight, Supervisor Connolly and Supervisor Frey being out of the room.

Vice-Chairman Hyland returned the gavel to Chairman Hanley.

15. CERTIFICATE OF RECOGNITION PRESENTED TO THE PARK AUTHORITY (Tape 2)

Supervisor Kauffman moved approval of the Certificate of Recognition presented to the Park Authority for receiving a National Recreation and Park Association Healthy Community Award for 2002 and the National Sporting Goods Association Sports Foundation's 2002 National Gold Medal for excellence in park and recreation administration. Supervisor Hyland seconded the motion and it carried by a vote of six, Supervisor Connolly, Supervisor Frey, Supervisor McConnell, and Supervisor Mendelsohn being out of the room.

16. 10 A.M. – 2002 EXCEPTIONAL DESIGN AWARDS CEREMONY (Tape 2)

This is the eighteenth year of the Exceptional Design Awards Program. One hundred and one projects have been recognized for their design excellence over that time. The awards were presented by Peter A. Juanpere, AIA, Chairman of the Design Jury. The award winners and projects were:

Honor Award: Poolhouse at Little Falls

(Residential, Single-family Detached)

Architect: Randall Marshall Architects

McLean, Virginia

Owner/Developer: Names withheld

Year Built: 2000

Merit Award: The Norton Residence on Lake Barcroft

(Residential, Single-family Detached)

Architect: Hemphill & Coupard Architects/Builders

Falls Church, Virginia

Owner/Developer: Robert and Rita Norton

Year Built: 2000

Merit Award: The MITRE Corporation

(Commercial, Office)

Architect: Ai, Washington, DC

Owner/Developer: The MITRE Corporation

Year Built: 2001

Merit Award: Velocita Corporation

(Commercial, Office – Interior Architecture)

Architect: Hickok Warner Fox Architects

Vienna, Virginia

Owner/Developer: Velocita Corporation

Year Built: 2001

Honorable Mention: 1861 International Drive

(Commercial, Office)

Architect: Ai, Washington, DC

Owner/Developer: L&B Institutional Property Managers, Incorporated

Year Built: 1999

17. 10:15 A.M. – PRESENTATION OF THE 2002 ENVIRONMENTAL EXCELLENCE AWARDS (Tape 2)

Robert McLaren, Chairman, Fairfax County Environmental Quality Advisory Council, presented the following 2002 Environmental Excellence Awards:

 

18. 10:30 A.M. – APPOINTMENTS TO CITIZENS BOARDS, AUTHORITIES, COMMISSIONS, AND ADVISORY GROUPS (Tapes 2-3)

ADVISORY SOCIAL SERVICES BOARD

Supervisor McConnell moved the appointment of Mr. Douglas W. Webster to fill the unexpired term of Ms. Camille J. Kady as the Springfield District Representative to the Advisory Social Services Board. Supervisor Bulova seconded the motion, which carried by unanimous vote.

The Board deferred the appointment of the Mount Vernon District Representative to the Advisory Social Services Board.

(NOTE: Later in the meeting the Board made an additional appointment to this board.)

ALCOHOL SAFETY ACTION PROGRAM LOCAL POLICY BOARD

Chairman Hanley moved the reappointment of Ms. Frieda A. Tatem as the At-Large #1 Representative to the Alcohol Safety Action Program Local Policy Board. Supervisor Hudgins seconded the motion, which carried by unanimous vote.

CONFIRMATIONS:

Supervisor Bulova moved the confirmation of the following appointments to the Alcohol Safety Action Program Local Policy Board:

Supervisor Hyland seconded the motion, which carried by unanimous vote.

ANIMAL SERVICES ADVISORY COMMISSION

The Board deferred the appointment of the Sully District Representative to the Animal Services Advisory Commission.

ATHLETIC COUNCIL

Supervisor Hudgins moved the appointment of Ms. Laura Bellis as the Women's Sports Association Alternate Representative to the Athletic Council. Supervisor Connolly seconded the motion, which carried by unanimous vote.

CONFIRMATION:

Supervisor Hudgins moved the confirmation of the following appointment to the Athletic Council:

Chairman Hanley seconded the motion, which carried by unanimous vote.

CELEBRATE FAIRFAX, INCORPORATED BOARD OF DIRECTORS

The Board deferred the appointments of the At-Large #2, At-Large #3, and At-Large #4 Representatives to the Celebrate Fairfax, Incorporated Board of Directors.

CHILD CARE ADVISORY COUNCIL

Supervisor Mendelsohn moved the appointment of Ms. Elizabeth M. Knab as the Dranesville District Representative to the Child Care Advisory Council. Supervisor Hyland seconded the motion, which carried by unanimous vote.

The Board deferred the appointment of the Sully District Representative to the Child Care Advisory Council.

COMMISSION FOR WOMEN

Supervisor Connolly moved the reappointment of Ms. Frances R. Fosstvedt as the Providence District Representative to the Commission for Women. Supervisor Hyland seconded the motion, which carried by unanimous vote.

Supervisor McConnell moved the reappointment of Ms. Mary M. Byers as the Springfield District Representative to the Commission for Women. Supervisor Hyland seconded the motion, which carried by unanimous vote.

The Board deferred the appointment of the Mason District Representative to the Commission for Women.

COMMISSION ON AGING

Supervisor Bulova moved the appointment of Ms. Theresa Adcock Gaffney to fill the unexpired term of Ms. Sara C. Looney as the Braddock District Representative to the Commission on Aging. Supervisor Connolly seconded the motion, which carried by unanimous vote.

The Board deferred the appointment of the Sully District Representative to the Commission on Aging.

COMMISSION ON ORGAN AND TISSUE DONATION AND TRANSPLANTATION

The Board deferred the appointments of the At-Large (Minority) Representative, Sully District Representative, and Donor Family Member Representative to the Commission on Organ and Tissue Donation and Transplantation.

COMMUNITY ACTION ADVISORY BOARD

The Board deferred the appointment of the Dranesville District Representative to the Community Action Advisory Board.

COMMUNITY POLICY AND MANAGEMENT TEAM FOR SERVICES TO AT-RISK YOUTH AND FAMILIES

CONFIRMATIONS:

Supervisor Hyland moved the confirmation of the following appointments to the Community Policy and Management Team for Services to At-Risk Youth and Families:

Supervisor Connolly seconded the motion, which carried by unanimous vote.

CONSUMER PROTECTION COMMISSION

The Board deferred the appointment of the Fairfax County Resident #7 Representative to the Consumer Protection Commission.

CRIMINAL JUSTICE ADVISORY BOARD

The Board deferred the appointment of the Mason District Representative to the Criminal Justice Advisory Board.

ENGINEERING STANDARDS REVIEW COMMITTEE

CONFIRMATIONS:

Supervisor Hyland moved the confirmation of the following appointments to the Engineering Standards Review Committee:

Supervisor Connolly seconded the motion, which carried by unanimous vote.

FAIRFAX AREA DISABILITY SERVICES BOARD

Chairman Hanley moved the reappointment of Mr. Berry A. Cuffee as the At-Large Business Community Representative to the Fairfax Area Disability Services Board. Supervisor Hyland seconded the motion, which carried by unanimous vote.

Chairman Hanley moved the reappointment of Ms. Kim Callahan as the At-Large Chairman's Representative to the Fairfax Area Disability Services Board. Supervisor Hyland seconded the motion, which carried by unanimous vote.

Supervisor Bulova moved the reappointment of Ms. Pamela K. Barrett as the Braddock District Representative to the Fairfax Area Disability Services Board. Supervisor Hyland seconded the motion, which carried by unanimous vote.

Supervisor Gross moved the reappointment of Ms. Stephanie Mensh as the Mason District Representative to the Fairfax Area Disability Services Board. Chairman Hanley seconded the motion, which carried by unanimous vote.

Supervisor McConnell moved the appointment of Ms. Donna Martinez as the Springfield District Representative to the Fairfax Area Disability Services Board. Supervisor Connolly seconded the motion, which carried by unanimous vote.

The Board deferred the appointment of the Sully District Representative to the Fairfax Area Disability Services Board.

FAIRFAX COMMUNITY LONG TERM CARE COORDINATING COUNCIL

CONFIRMATIONS:

Supervisor Hyland moved the confirmation of the following appointments to the Fairfax Community Long Term Care Coordinating Council:

Supervisor Hudgins seconded the motion, which carried by unanimous vote.

FAIRFAX COUNTY CONSTRUCTION TRADES ADVISORY BOARD

The Board deferred the appointments of the Gas Fitter Tradesman, HVAC Tradesman #1 and #2, and Plumbing Tradesman #1 and #2 Representatives to the Fairfax County Construction Trades Advisory Board.

 

FAIRFAX COUNTY SMALL BUSINESS COMMISSION

The Board deferred the appointment of the At-Large #3 Representative to the Fairfax County Small Business Commission.

FAIRFAX-FALLS CHURCH COMMUNITY SERVICES BOARD

CONFIRMATION:

Supervisor Connolly moved the confirmation of the following appointment to the Fairfax-Falls Church Community Services Board:

Supervisor Gross seconded the motion, which carried by unanimous vote.

HEALTH SYSTEMS AGENCY BOARD

The Board deferred the appointment of the Consumer #6 Representative to the Health Systems Agency Board.

HUMAN RIGHTS COMMISSION

Supervisor McConnell moved the reappointment of Mr. Jon David Strother the At-Large #2 Representative to the Human Rights Commission. Supervisor Hudgins seconded the motion, which carried by unanimous vote.

The Board deferred the appointment of the At-Large #12 Representative to the Human Rights Commission.

HUMAN SERVICES COUNCIL

The Board deferred the appointment of the Mount Vernon District #1 Representative to the Human Services Council.

OVERSIGHT COMMITTEE ON DRINKING AND DRIVING

Supervisor Bulova moved the appointment of Ms. Susan P. Schmidt as the Braddock District Representative to the Oversight Committee on Drinking and Driving. Supervisor Connolly seconded the motion, which carried by unanimous vote.

The Board deferred the appointments of the Hunter Mill and Lee District Representatives to the Oversight Committee on Drinking and Driving.

ROAD VIEWERS BOARD

The Board deferred the appointment of the At-Large #2 Representative to the Road Viewers Board.

TENANT LANDLORD COMMISSION

The Board deferred the appointments of the Tenant Member #1 and #3 Representatives to the Tenant Landlord Commission.

Chairman Hanley relinquished the Chair to Vice-Chairman Hyland and asked unanimous consent that the Board direct staff to include the long vacant positions on the County's web site. Without objection, it was so ordered.

Vice-Chairman Hyland returned the gavel to Chairman Hanley.

TRANSPORTATION ADVISORY COMMISSION

The Board deferred the appointment of the Providence District Representative to the Transportation Advisory Commission.

TREE COMMISSION

Chairman Hanley moved the reappointment of Ms. LaDuska M. Adriance as the At-Large Chairman's Representative to the Tree Commission. Supervisor Hyland seconded the motion, which carried by unanimous vote.

Supervisor Hyland moved the reappointment of Ms. Eleanor F. Quigley as the Mount Vernon District Representative to the Tree Commission. Supervisor Connolly seconded the motion, which carried by unanimous vote.

Supervisor Connolly moved the reappointment of Mr. Marco E. Greenberg as the Providence District Representative to the Tree Commission. Supervisor Bulova seconded the motion, which carried by unanimous vote.

Supervisor McConnell moved the appointment of Ms. Laura M. Hoy as the Springfield District Representative to the Tree Commission. This motion, the second to which was inaudible, carried by a unanimous vote.

YOUTH BASKETBALL COUNCIL ADVISORY BOARD

CONFIRMATIONS:

Supervisor Mendelsohn moved the confirmation of the following appointments to the Youth Basketball Council Advisory Board:

Supervisor Connolly seconded the motion, which carried by unanimous vote.

AD HOC COMMITTEES

LAUREL HILL ADAPTIVE REUSE PLAN ADVISORY COMMITTEE

Supervisor Mendelsohn moved the appointment of Mr. Dave Patten as the Dranesville District Representative to the Laurel Hill Adaptive Reuse Plan Advisory Committee. Supervisor Connolly seconded the motion, which carried by unanimous vote.

Supervisor Gross moved the appointment of Mr. Douglas M. Wrenn as the Mason District Representative to the Laurel Hill Adaptive Reuse Plan Advisory Committee. Supervisor Connolly seconded the motion, which carried by unanimous vote.

Supervisor McConnell moved the appointment of Ms. Penny Wilkinson as the Springfield District Representative to the Laurel Hill Adaptive Reuse Plan Advisory Committee. Supervisor Hyland seconded the motion, which carried by unanimous vote.

Chairman Hanley noted that the Park Authority has requested representation on this committee and moved confirmation of the appointment of Mr. Phillip A. Niedzielski-Eichner as the Park Authority Representative to the Laurel Hill Adaptive Reuse Plan Advisory Committee. Supervisor Hyland seconded the motion, which carried by unanimous vote.

Chairman Hanley noted that the Federation of Citizen Associations has also requested representation on this committee and she relinquished the Chair to Vice-Chairman Hyland and asked unanimous consent that the Board direct staff to provide the Board with an updated membership report for this committee before the next Board meeting. Without objection, it was so ordered.

Vice-Chairman Hyland returned the gavel to Chairman Hanley.

The Board deferred the appointment of the Sully District Representative to the Laurel Hill Adaptive Reuse Plan Advisory Committee.

ADDITIONAL APPOINTMENTS

JUVENILE AND DOMESTIC RELATIONS COURT CITIZENS ADVISORY COUNCIL

Supervisor McConnell moved the appointment of Ms. Cindy Joy-Rodgers to fill the unexpired term of Ms. Judith A. Isom as the Springfield District Representative to the Juvenile and Domestic Relations Court Citizens Advisory Council. Supervisor Connolly seconded the motion, which carried by unanimous vote.

ADVISORY SOCIAL SERVICES BOARD

(NOTE: Earlier in the meeting, the Board made an appointment to the Advisory Social Services Board.)

Supervisor Bulova moved the appointment of Mr. Ryan P. Kelly to fill the unexpired term of Ms. Dianne M. Jinwright as the Braddock District Representative to the Advisory Social Services Board. Supervisor Connolly seconded the motion, which carried by unanimous vote.

HISTORY COMMISSION

Supervisor Bulova moved the appointment of Mr. Bud Mayo to fill the unexpired term of Mr. Daniel J. Cragg as the Citizen #6 Representative to the History Commission. Supervisor Hyland seconded the motion, which carried by unanimous vote.

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19. ADMINISTRATIVE ITEMS (Tape 4)

Supervisor Connolly moved approval of the Administrative Items. Supervisor Hyland seconded the motion.

Chairman Hanley relinquished the Chair to Vice-Chairman Hyland and asked to amend the motion to consider Admin - 2 Authorization to Advertise a Public Hearing Regarding the Leasing of a Portion of County-Owned Property at the Former Walt Whitman Intermediate/Mount Vernon High School at 4100 Mohawk Lane to Progreso Hispano, Incorporated (Mount Vernon District) separately, and this was accepted.

Vice-Chairman Hyland returned the gavel to Chairman Hanley.

Supervisor Mendelsohn called the Board's attention to Admin 4 - Approval of COPS Universal Hiring Program Grant Award to the Fairfax County Police Department from the US Department of Justice, Office of Community Oriented Policing Services, and discussion ensued with input from Anthony H. Griffin, County Executive.

Supervisor Connolly called the Board's attention to Admin 16 – Supplemental Appropriation Resolution AS 03058 for the Department of Family Services/Office for Children (DFS/OFC), in Conjunction with the Child Care Advisory Council, to Accept Grant Funding from the US Department of Health and Human Services Under the Early Learning Opportunities Act, and discussion ensued with input from Judith Rosen, Director, DFS/OFC.

Supervisor Gross called the Board's attention to Admin 17 – Supplemental Appropriation Resolution (SAR) AS 03053 for One-Time Program Improvement Funding from the US Department of Health and Human Services (DHHS) for the Federal Head Start Program Grant Within the Department of Family Services/Office For Children (DFS/OFC), Admin 18 SAR AS 03056 for Child Care Quality Initiative Grant Funding within the DFS/OFC, Admin 19 SAR AS 03052 for One-Time Program Improvement Funding from the US DHHS for the Federal Head Start Program Grant within DFS/OFC, and Admin 21 – Approval of the COPS MORE02 Grant Award to the Fairfax County Police Department from the US Department of Justice, Office of Community Oriented Policing Services, and she questioned the timeliness in the submittal of these items to the Board. Discussion ensued with input from Ms. Rosen, DFS/OFC.

Chairman Hanley called the Board's attention to Admin 23 – Authorization to Advertise Public Hearings on Proposed Amendments to the Code of the County of Fairfax, Chapter 101 (Subdivision Ordinance), Chapter 104 (Erosion and Sedimentation Control), Chapter 112 (Zoning Ordinance), and Chapter 118 (Chesapeake Bay Preservation Ordinance), and to the Public Facilities Manual Regarding Implementation of Revisions to the Chesapeake Bay Preservation Area Designation and Management Regulations, and discussion ensued with input from John Friedman, Engineer III, Code Analysis Division, Department of Public Works and Environmental Services.

Supervisor Connolly called the Board's attention to Admin 24 – Authorization to Advertise a Public Hearing on Proposed Amendments to the Code of the County of Fairfax, Chapter 82 (Motor Vehicles and Traffic), Sections 82-5-34 and 82-5-37, Regarding the Restriction of Parking on Secondary Roads, and discussion ensued with input from Michael H. Long, Senior Assistant County Attorney.

Chairman Hanley relinquished the Chair to Vice-Chairman Hyland and called the Board's attention to Admin 6 – Authorization to Advertise a Public Hearing on Proposed Amendments to the Code of the County of Fairfax, Chapter 82 (Motor Vehicles and Traffic), Expanding the Graham Residential Permit Parking District, District 34 (Providence District), and asked unanimous consent that the Board direct staff to remedy the ongoing problem with maps. Without objection, it was so ordered.

Vice-Chairman Hyland returned the gavel to Chairman Hanley.

Supervisor Frey called the Boad's attention to the fact that Admin 10 – Additional Time to Commence Construction for Special Exception Amendment Application SEA 97-Y-035, Fairfax Nursing Center, Incorporated (Sully District) is no longer in Sully District; it is in the Springfield District.

Following discussion, the question was called on the motion, as amended, with the exception of Admin 2, and it carried by unanimous vote, Supervisor Bulova, Supervisor Connolly, Supervisor Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor McConnell, Supervisor Mendelsohn, and Chairman Hanley voting "AYE."

ADMIN 1 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING REGARDING THE CONTINUED LEASING OF COUNTY-OWNED PROPERTY LOCATED AT 5690 SULLY ROAD TO THE CENTREVILLE PRESBYTERIAN CHURCH (SULLY DISTRICT)

Authorized the advertisement of a public hearing to be held before the Board on December 9, 2002, at 5 p.m. regarding the continued leasing of County-owned property located at 5690 Sully Road to the Centreville Presbyterian Church.

ADMIN 2 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING REGARDING THE LEASING OF A PORTION OF COUNTY-OWNED PROPERTY AT THE FORMER WALT WHITMAN INTERMEDIATE/MOUNT VERNON HIGH SCHOOL AT 4100 MOHAWK LANE TO PROGRESO HISPANO, INCORPORATED (MOUNT VERNON DISTRICT)

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

ADMIN 3 – EXTENSION OF REVIEW PERIODS FOR 2232 PUBLIC FACILITY REVIEW APPLICATIONS (BRADDOCK, HUNTER MILL, PROVIDENCE, SPRINGFIELD, AND SULLY DISTRICTS)

Authorized the extension of review periods for the following Public Facility (2232) Review Applications to the dates noted:

ADMIN 4 – APPROVAL OF COPS UNIVERSAL HIRING PROGRAM GRANT AWARD TO THE FAIRFAX COUNTY POLICE DEPARTMENT (FCPD) FROM THE US DEPARTMENT OF JUSTICE (DOJ), OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS)

(NOTE: Earlier in the meeting there was discussion of this item.)

Authorized the FCPD to accept a $3.9 million COPS Universal Hiring Program grant from the US DOJ to hire, train, and support 52/52.0 SYE additional sworn law enforcement officers. A local cash match of $14,318,663 is required over the 36 month period of the grant, for a total program cost of $18,218,663.

ADMIN 5 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 82 (MOTOR VEHICLES AND TRAFFIC), ESTABLISHING THE VANTAGE HILL RESTRICTED PARKING DISTRICT (RPD), DISTRICT 3, AS PART OF THE RESIDENTIAL TRAFFIC ADMINISTRATION PROGRAM (R-TAP) (HUNTER MILL DISTRICT)

Authorized the advertisement of a public hearing to be held before the Board on November 18, 2002, at 4 p.m. to consider proposed amendments to the Code of the County of Fairfax, Chapter 82 (Motor Vehicles and Traffic), establishing the Vantage Hill RPD, District 3, as part of R-TAP, encompassing:

The parking prohibition for watercraft, boat trailers, motor homes, and camping trailers on the streets identified above for the Vantage Hill RPD is proposed to be in effect seven days per week, 24 hours per day.

ADMIN 6 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 82 (MOTOR VEHICLES AND TRAFFIC), EXPANDING THE GRAHAM RESIDENTIAL PERMIT PARKING DISTRICT (RPPD), DISTRICT 34 (PROVIDENCE DISTRICT)

(NOTE: Earlier in the meeting there was discussion of this item.)

Authorized the advertisement of a public hearing to be held before the Board on December 9, 2002, at 4:30 p.m. to consider proposed amendments to the Code of the County of Fairfax, Chapter 82 (Motor Vehicles and Traffic), expanding the Graham RPPD, District 34. The proposed district expansion includes the following street blocks:

Endorsed the installation of a multi-way stop as part of DOT’s R-TAP at South Springs Drive and South Springs Circle (Springfield District)

ADMIN 8 – RESOLUTION TO INSTALL A "WATCH FOR CHILDREN" SIGN AS PART OF THE FAIRFAX COUNTY RESIDENTIAL TRAFFIC ADMINISTRATION PROGRAM (R-TAP) (DRANESVILLE DISTRICT)

Adopted the Resolution endorsing the installation of a "Watch for Children" sign at Cup Leaf Holly Court as part of the Fairfax County Department of Transportation’s R-TAP.

ADMIN 9 – ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION APPLICATION SE 97-Y-058, VIRGINIA TOWERS, LLC (SULLY DISTRICT)

Approved the request for 12 months of additional time to commence construction for Special Exception Application SE 97-Y-058 to October 5, 2003, pursuant to the provisions of Section 9-015 of the Zoning Ordinance.

ADMIN 10 – ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 97-Y-035, FAIRFAX NURSING CENTER, INCORPORATED (SPRINGFIELD DISTRICT)

(NOTE: Earlier in the meeting there was discussion regarding this item.)

Approved the request for 24 months of additional time to commence construction for Special Exception Amendment Application SEA 97-Y-035 to August 28, 2004, pursuant to the provisions of Section 9-015 of the Zoning Ordinance.

ADMIN 11 – ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION APPLICATION SE 95-S-015, BURKE VILLAGE CENTER ASSOCIATES, LIMITED PARTNERSHIP (SPRINGFIELD DISTRICT)

Approved the request for 12 months of additional time to commence construction for Special Exception Application SE 95-S-015 to October 30, 2003, pursuant to the provisions of Section 9-015 of the Zoning Ordinance.

ADMIN 12 – ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 90-L-045-2, MOBIL OIL CORPORATION (LEE DISTRICT)

Approved the request for 30 months of additional time to commence construction for Special Exception Amendment Application SEA 90-L-045-2 to January 10, 2005, pursuant to the provisions of Section 9-015 of the Zoning Ordinance.

ADMIN 13 – ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION APPLICATION SE-99-H-013, CARR REALTY CORPORATION (HUNTER MILL DISTRICT)

Approved the request for 24 months of additional time to commence construction for Special Exception Application SE 99-H-013 to October 11, 2004, pursuant to the provisions of Section 9-015 of the Zoning Ordinance.

ADMIN 14 – SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 03057 FOR THE FIRE AND RESCUE DEPARTMENT (FRD) TO ACCEPT A NATIONAL URBAN SEARCH AND RESCUE (US&R) RESPONSE SYSTEM WEAPONS OF MASS DESTRUCTION (WMD) ADMINISTRATIVE PREPAREDNESS GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Approved SAR AS 03057 in the amount of $740,000 for FRD to accept a National US&R Response System WMD grant from FEMA. These funds will be used to support the Department’s US&R program and to enhance the operational readiness of Virginia Task Force 1 to respond to incidents involving WMD. No local cash match is required.

ADMIN 15 – SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 03049 FOR THE DEPARTMENT OF FAMILY SERVICES/OFFICE FOR CHILDREN (DFS/OFC) TO ACCEPT GRANT FUNDING FROM THE VIRGINIA DEPARTMENT OF EDUCATION (DOE) TO CONTINUE THE ONGOING VIRGINIA PRESCHOOL INITIATIVE PROGRAM

Approved SAR AS 03049 in the amount of $963,661 for DFS/OFC to accept grant funding from the Virginia DOE to continue the ongoing Virginia Preschool Initiative Program. No local cash match is required.

ADMIN 16 – SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 03058 FOR THE DEPARTMENT OF FAMILY SERVICES/OFFICE FOR CHILDREN (DFS/OFC), IN CONJUNCTION WITH THE CHILD CARE ADVISORY COUNCIL (CCAC), TO ACCEPT GRANT FUNDING FROM THE US DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS) UNDER THE EARLY LEARNING OPPORTUNITIES ACT

(NOTE: Earlier in the meeting there was discussion of this item.)

Approved SAR AS 03058 in the amount of $761,077 for DFS/OFC, in conjunction with the CCAC, to accept grant funding from DHHS. This grant is to initiate collaborative efforts to enhance and support early learning opportunities for children and their families. No local cash match is required.

ADMIN 17 – SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 03053 FOR ONE-TIME PROGRAM IMPROVEMENT FUNDING FROM THE US DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS) FOR THE FEDERAL HEAD START PROGRAM GRANT WITHIN THE DEPARTMENT OF FAMILY SERVICES/OFFICE FOR CHILDREN (DFS/OFC)

(NOTE: Earlier in the meeting there was discussion of this item.)

Approved SAR AS 03053 in the amount of $90,000 from the US DHHS for one-time program improvement funding for the Federal Head Start program. This grant allows DFS/OFC to renovate playgrounds at the Fairfax County Public Schools for use by three to five-year-old children enrolled in the Head Start Program. No local cash match is required.

ADMIN 18 – SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 03056 FOR CHILD CARE QUALITY INITIATIVE GRANT FUNDING WITHIN THE DEPARTMENT OF FAMILY SERVICES/OFFICE FOR CHILDREN (DFS/OFC)

(NOTE: Earlier in the meeting there was discussion of this item.)

Approved SAR AS 03056 in the amount of $147,500 for DFS/OFC to accept grant funding from the Virginia Department of Social Services for the Child Care Quality Initiative Program. No local cash match is required.

ADMIN 19 – SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 03052 FOR ONE-TIME PROGRAM IMPROVEMENT FUNDING FROM THE US DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS) FOR THE FEDERAL HEAD START PROGRAM GRANT WITHIN THE DEPARTMENT OF FAMILY SERVICES/OFFICE FOR CHILDREN (DFS/OFC)

(NOTE: Earlier in the meeting there was discussion of this item.)

Approved SAR AS 03056 in the amount of $100,000 for DFS/OFC to accept grant funding from the US DHHS for one-time program improvement funding for the Federal Early Head Start program. No local cash match is required.

ADMIN 20 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON A SPOT BLIGHT ABATEMENT ORDINANCE FOR 9027 SILVERBROOK ROAD (SPRINGFIELD DISTRICT)

Authorized the advertisement of a public hearing to be held before the Board on November 18, 2002, at 4 p.m. to consider adoption of a Spot Blight Abatement Ordinance for 9027 Silverbrook Road, Fairfax Station, Virginia.

ADMIN 21 – APPROVAL OF THE COPS MORE02 GRANT AWARD TO THE FAIRFAX COUNTY POLICE DEPARTMENT (FCPD) FROM THE US DEPARTMENT OF JUSTICE (DOJ), OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS)

(NOTE: Earlier in the meeting there was discussion of this item.)

Authorized the FCPD to accept a COPS MORE02 grant from DOJ in the amount of $969,251. A 25 percent local cash match of $323,083 is required for a total program cost of $1,292,334.

ADMIN 22 – SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 03055 FOR THE FIRE AND RESCUE DEPARTMENT (FRD) TO ACCEPT GRANT FUNDS FROM THE US AGENCY FOR INTERNATIONAL DEVELOPMENT (AID) TO SUPPORT THE DEPLOYMENT OF A DISASTER RESPONSE TECHNICAL ADVISORY TEAM TO CENTRAL EUROPE

Approved SAR AS 03055 in the amount of $12,000 for FRD to accept funds from the US AID. These funds will be used to reimburse the County for expenses incurred as a result of the recent deployment of a Technical Advisory Team to Central Europe.

ADMIN 23 – AUTHORIZATION TO ADVERTISE PUBLIC HEARINGS ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 101 (SUBDIVISION ORDINANCE), CHAPTER 104 (EROSION AND SEDIMENTATION CONTROL), CHAPTER 112 (ZONING ORDINANCE), AND CHAPTER 118 (CHESAPEAKE BAY PRESERVATION ORDINANCE), AND TO THE PUBLIC FACILITIES MANUAL REGARDING IMPLEMENTATION OF REVISIONS TO THE CHESAPEAKE BAY PRESERVATION AREA DESIGNATION AND MANAGEMENT REGULATIONS

(NOTE: Earlier in the meeting there was discussion of this item.)

Adopted the Resolution authorizing the advertisement of public hearings to be held before the Planning Commission on December 5, 2002, and before the Board on January 27, 2003 to consider proposed amendments to the Code of the County of Fairfax, Chapter 101 (Subdivision Ordinance), Chapter 104 (Erosion and Sedimentation Control), Chapter 112 (Zoning Ordinance), and Chapter 118 (Chesapeake Bay Preservation Ordinance), and to the Public Facilities Manual regarding implementation of revisions to the Chesapeake Bay Preservation Area Designation and Management Regulations.

ADMIN 24 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 82 (MOTOR VEHICLES AND TRAFFIC), SECTIONS 82-5-34 AND 82-5-37, REGARDING THE RESTRICTION OF PARKING ON SECONDARY ROADS

(NOTE: Earlier in the meeting there was discussion of this item.)

Authorized the advertisement of a public hearing to be held before the Board on November 18, 2002, at 3:30 p.m. to consider proposed amendments to the Code of the County of Fairfax, Chapter 82 (Motor Vehicles and Traffic), Sections 82-5-34 and 82-5-37, regarding the restriction of parking on secondary roads.

20. A-1 – APPROVAL OF A COOPERATIVE AGREEMENT BETWEEN THE FAIRFAX COUNTY POLICE DEPARTMENT (FCPD) AND THE P’CASO ALLIANCE (Tape 4)

Supervisor McConnell moved that the Board concur in the recommendation of staff and authorize the signing of a Cooperative Agreement between the FCPD and P’CASO Alliance. Supervisor Hyland seconded the motion.

Following discussion with input from Colonel J. Thomas Manger, Chief of Police, the question was called on the motion and it carried by unanimous vote.

21. A-2 – AUTHORIZATION TO REALLOCATE $794,000 FROM THE AFFORDABLE HOUSING PARTNERSHIP PROGRAM WITHIN THE HOUSING TRUST FUND TO THE WESLEY AT COPPERMINE II PROJECT FOR AFFORDABLE INDEPENDENT LIVING SENIOR HOUSING (HUNTER MILL DISTRICT) (Tape 4)

Chairman Hanley called the Board's attention to the red folders and noted that there was a new copy of Action Item Two distributed around the dais.

Supervisor Hyland moved that the Board concur in the recommendation of staff and authorize reallocation of funds in the amount of $794,000 from the Affordable Housing Partnership Program within the Housing Trust Fund to Wesley Coppermine Limited Partnership for land acquisition, development, and construction of 66 units of affordable independent living senior housing. Supervisor Hudgins seconded the motion.

Following discussion with input from Paula C. Sampson, Director, Department of Housing and Community Development, and James P. Zook, Director, Department of Planning and Zoning, the question was called on the motion and it carried by unanimous vote.

22. A-3 – AUTHORIZATION TO REALLOCATE $312,129 FROM THE HOUSING TRUST FUND, UNDESIGNATED PROJECTS, TO THE LITTLE RIVER GLEN III FOR ARCHITECTURAL DESIGN AND RELATED SERVICES (BRADDOCK DISTRICT) (Tape 4)

On motion of Supervisor Bulova, seconded by Supervisor Hyland, and carried by unanimous vote, the Board concurred in the recommendation of staff and authorized the reallocation of $312,129 from Fund 144, Housing Trust Fund, Project 013906, Undesignated Projects, to Project 014046, Little River Glen II, to fund the contract with Stanmyre/Noel Architects for architectural design and related services.

23. A-4 – APPROVAL OF THE FAIRFAX CONNECTOR BUS ADVERTISING PROGRAM REQUEST FOR PROPOSAL (RFP) (Tape 4)

(NOTE: Later in the meeting action was taken on this item. See Clerk's Summary Item CL#71.)

24. A-5 – APPROVAL OF TESTIMONY TO BE SUBMITTED TO THE STATE CORPORATION COMMISSION (SCC) REGARDING AN APPLICATION BY WASHINGTON GAS LIGHT COMPANY AND SHENANDOAH GAS DIVISION OF WASHINGTON GAS LIGHT COMPANY FOR A GENERAL INCREASE IN NATURAL GAS RATES AND CHARGES AND APPROVAL OF PERFORMANCE-BASED RATE REGULATION METHODOLOGY (Tape 4)

Supervisor Connolly moved that the Board concur in the recommendation of staff and authorize the Department of Cable Communications and Consumer Protection and the County Attorney's Office to file testimony in the matter of the application of Washington Gas Light Company for a general increase in natural gas rates and charges and approval of performance-based rate regulation methodology pursuant to Virginia Code 56-235.5, SCC Case Number PUE-2002-00364. Supervisor Bulova seconded the motion.

Following discussion with input from Steve Sinclair, Utility Analyst, Department of Cable Communications and Consumer Protection, the question was called on the motion and it CARRIED by a recorded vote of nine, Supervisor Bulova, Supervisor Connolly, Supervisor Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor McConnell, and Chairman Hanley voting "AYE," Supervisor Mendelsohn voting "NAY."

25. A-6 – ENDORSEMENT OF LOCALLY PREFERRED ALTERNATIVE FOR DULLES CORRIDOR RAPID TRANSIT PROJECT (Tapes 4-5)

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

Discussion ensued with input from Young Ho Chang, Director, Department of Transportation, and John Dittmeier, representative, Washington Metropolitan Area Transit Authority.

Following extensive discussion, Supervisor Connolly referred to Attachment I of the Board Agenda Item - Letter from the Chairman of the Board to the Secretary of Transportation, citing page one, paragraph two, Item Three, and moved to amend the motion by deleting the phrase "…or elimination." The motion died for lack of a second.

Supervisor Mendelsohn moved to amend the motion and have Item Three to read "mitigating the traffic impact by the elimination of the 2,000 space proposed parking…." Chairman Hanley seconded the motion.

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

Supervisor Hudgins asked to amend the main motion to include in the letter the statement "the Board request that the Commonwealth find additional methods of funding its share, and any increase in tolls not occur at least until construction of rail is in the Dulles Corridor." This was accepted.

Following additional discussion, the question was called on the motion, as amended, and it CARRIED by a recorded vote of nine, Supervisor Mendelsohn voting "NAY."

Supervisor Connolly entered into the record that Merchant's Tire Company wrote to Chairman Hanley and himself with a concern regarding the design.

26. I-1 – CONTRACT AWARD – LEGAL CASE MANAGEMENT SYSTEM FOR THE COUNTY ATTORNEY’S OFFICE (Tape 5)

The Board next considered an item contained in the Board Agenda dated October 28, 2002, requesting authorization for staff to award a contract to HeadStrong Public Sector, Incorporated, and ProLaw Software in the amount of $277,150.50 for replacement of the Office of the County Attorney’s legal case management system.

The staff was directed administratively to proceed as proposed.

27. I-2 – CONTRACT AWARD – PURCHASE OF AT-RISK PROPERTIES (Tape 5)

The Board next considered an item contained in the Board Agenda dated October 28, 2002, requesting authorization for staff to award a contract to the Housing Partnership Network in the amount of a $1 million line of credit for the purchase of At-Risk Properties by a National Non-Profit Organization.

The staff was directed administratively to proceed as proposed.

28. I-3 – CONTRACT AWARD – CONSULTING SERVICES RELATED TO THE REDEVELOPMENT OF THE FORMER LORTON CORRECTIONAL FACILITY (MOUNT VERNON DISTRICT) (Tape 5)

The Board next considered an item contained in the Board Agenda dated October 28, 2002, requesting authorization for staff to award a contract to EDAW, Incorporated, in the amount of $490,627 for consulting services for the redevelopment of the former Lorton Correctional Facility.

Discussion ensued with input from Anthony H. Griffin, County Executive.

The staff was directed administratively to proceed as proposed.

ADDITIONAL BOARD MATTERS

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29. WORLD AIDS DAY (Tape 6)

Chairman Hanley stated that the Health Care Advisory Board requested that the County recognize December 1, 2002, as World AIDS Day as well as recognize INOVA Health System's Juniper Program. Accordingly, she relinquished the Chair to Vice-Chairman Hyland and moved that the Board direct staff to:

Supervisor Connolly seconded the motion, which carried by unanimous vote.

30. RECOGNITION OF THE STUDENT OFFICERS OF ELECTION AND ELECTION PAGES (Tape 6)

Chairman Hanley said that the Electoral Board requested recognition for the student Officers of Election and Election Pages who will be assisting at the November 5, 2002, General Election. Accordingly, she moved that the Board direct staff to invite the student volunteers to appear before the Board at the December 9, 2002, meeting to be recognized. Supervisor McConnell seconded the motion, which carried by unanimous vote.

31. LETTER FROM THE RED CROSS (Tape 6)

Chairman Hanley distributed copies of a letter she had received from Lee J. Stebbins, Chief Operating Officer for the American Red Cross of the National Capital Area. The letter was in response to concerns raised by the Board on September 9, 2002, regarding a nomenclature error and a clarification of statistics for volunteers.

32. COMMEMORATION OF MS. ELIZABETH DAVID (Tape 6)

Chairman Hanley stated that the residents of Mason Neck contacted her and requested that the Board find a way to commemorate the late Elizabeth David for her work. Accordingly, she asked unanimous consent that the Board refer this to staff for a recommendation as to how this recognition could be accomplished. Without objection, it was so ordered.

33. QUARTERLY STATUS REPORT ON OPERATIONS OF THE OFFICE OF THE FINANCIAL AND PROGRAMS AUDITOR (Tape 6)

Chairman Hanley noted that Board Members received copies of the Quarterly Status Report on Operations dated September 18, 2002, for the Office of the Financial and Programs Auditor. She pointed out that there is $426,626 in proffers being held for homeowners associations (HOAs). She urged Board Members to work with staff in the Department of Public Works and Environmental Services regarding letters to HOAs in their respective districts.

34. INTENT TO DEFER THE PUBLIC HEARING ON PROFFERED CONDITION AMENDMENT APPLICATION PCA C-667 AND SPECIAL EXCEPTION APPLICATION SE 2002-DR-007 (DRANESVILLE DISTRICT) (Tape 6)

Supervisor Mendelsohn announced his intent to defer at the appropriate time later in the meeting the public hearing on Proffered Condition Amendment Application PCA C-667 and Special Exception Application SE 2002-DR-007 until November 18, 2002, at 3 p.m. There was a brief discussion with input from Catherine A. Chianese, Assistant to the County Executive.

(NOTE: Later in the meeting this public hearing was formally deferred. See Clerk's Summary Item CL#78.)

35. HERNDON HIGH SCHOOL STUDENTS AGAINST GLOBAL ABUSE (SAGA) RECYCLING PROGRAM WINS AWARD (DRANESVILLE DISTRICT) (Tape 6)

Supervisor Mendelsohn announced that the Herndon High School SAGA recycling program won a 2002 Best Paper Recycling award from the American Forest and Paper Association and took top national honors among schools and institutions in this competition. He provided some details about the program as outlined in his written Board Matter.

Supervisor Mendelsohn stated that the students will receive this prestigious award on November 15, 2002, at 3 p.m. in the Herndon High School cafeteria and he invited Members of the Board to attend the event.

36. TREE PRESERVATION INITIATIVE (Tape 6)

Supervisor Mendelsohn reminded the Board that it included a tree preservation initiative in its Legislative Program for the 2002 General Assembly. House Bill HB484, which resulted from this initiative, was referred to the Committee on Local Government during the 2002 session. Because this committee will not convene again in 2002, HB484 will not come before the General Assembly for action during the 2003 session. Both the Environmental Quality Advisory Council (EQAC) and the Tree Preservation Task Force have requested that the tree preservation initiative be reintroduced as part of the 2003 Legislative Program.

Supervisor Mendelsohn noted that success of this bill may be dependent upon narrowing the focus of the legislation. Accordingly, he moved that the Board:

Supervisor Bulova seconded the motion.

Following a brief discussion, the question was called on the motion, which carried by unanimous vote.

37. INTENT TO DEFER THE PUBLIC HEARING ON SPECIAL EXCEPTION APPLICATION SE 2002-MA-013 (MASON DISTRICT) (Tape 6)

Supervisor Gross announced her intent to defer at the appropriate time later in the meeting the public hearing on Special Exception Application SE 2002-MA-013 indefinitely.

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

38. CONCURRENT PROCESSING REQUEST (HUNTER MILL DISTRICT) (Tape 6)

Supervisor Hudgins stated that Coppermine Associates LLC and Dulles Tech LC have filed rezoning and proffered condition amendment applications on property identified as Tax Map 15-4((1))10, 19, 20, 35, and 16-3((1))32B. The proposal involves rezoning from the PDC, I-4, and C-3 District to the PDH-12 District to permit development of residential uses.

Supervisor Hudgins moved that the Board direct staff from the Department of Public Works and Environmental Services to review and process the site and building plans for Tax Map 15-4((1))10, 19, 20, 35, and 16-3((1))32B concurrent with the review of Rezoning Application RZ 2002-HM-035. She noted that this motion should not be construed as a favorable recommendation by the Board on the proposed applications and does not relieve the applicants from compliance with the provisions of all applicable ordinances, regulations, or adopted standards, and does not prejudice the consideration of this application in any way. Supervisor Bulova seconded the motion, which carried by a vote of nine, Supervisor Gross being out of the room.

39. STONEGATE VILLAGE PLAYGROUND (HUNTER MILL DISTRICT) (Tape 6)

Supervisor Hudgins announced that the children from the Stonegate Village Complex have a new playground, thanks to volunteers from Make Kids Smile, the West*Group, Stonegate residents, and Sun Trust Bank. She said that on Tuesday, October 22, 2002, at approximately 3 p.m. an army of volunteers descended on the Stonegate Village property to build a playground and at 5 p.m. the playground was complete. Make Kids Smile organizer Pete Ognibene took the leadership role in the construction of the playground, providing the funding and many volunteers. When West*Group announced its partnership with Make Kids Smile, Supervisor Hudgins said that her office was delighted to identify the Stonegate Village Apartments as a worthy and needy recipient of new playground equipment. She noted that this project is an outstanding model of business and community partnership and it truly "makes kids smile."

Accordingly, Supervisor Hudgins moved that the Board invite representatives and volunteers from Make Kids Smile, the West*Group, Sun Trust Bank, and Stonegate Village to appear before the Board to be recognized for their outstanding community contribution in funding and constructing the playground at Stonegate Village Apartments. Supervisor Bulova seconded the motion, which carried by unanimous vote.

40. COMMENDATION OF MR. ROY SEGER (Tape 6)

Supervisor Hudgins called to the Board's attention an email she had received from a constituent, Mr. Christopher L. Hearne, who shared how impressed he was with the professional nature of Mr. Roy Seger in the Consumer Protection Division, Department of Cable Communications and Consumer Protection. Mr. Seger assisted Mr. Hearne in working through concerns with a local towing company by reaching a mutually agreed upon settlement that avoided a court case. She noted that the Board recognizes that the County has outstanding employees and she appreciated hearing citizen compliments.

Accordingly, Supervisor Hudgins moved that the Board direct staff to send Mr. Seger a letter of appreciation on behalf of the Board and provide a copy for his personnel file. Supervisor Bulova seconded the motion, which carried by unanimous vote.

41. RESTON COMMUNITY CENTER'S (RCC) ANNUAL PREFERENCE POLL ELECTION FOR ITS BOARD OF GOVERNORS (DRANESVILLE AND HUNTER MILL DISTRICTS) (Tape 6)

Supervisor Hudgins said that on October 19, 2002, the RCC held its annual preference poll election for its Board of Governors. The following individuals were elected to serve a three-year term on the RCC Board of Governors:

The following two individuals were elected to serve a one-year term as the Youth Representatives:

Supervisor Hudgins moved that the Board appoint the above individuals to serve on the RCC's Board of Governors so that the new members can be seated at the November 4, 2002, Board of Governors' meeting. Supervisor Bulova seconded the motion and it carried by unanimous vote.

Supervisor Hudgins stated that she received two letters, one from the Greater Reston Chamber of Commerce and one from a resident. Both letters addressed the composition of the Board of Governors and how it may be changed to incorporate commercial property owners and apartment owners, the mission of the Small District 5, and the authority of the RCC to expend funds on capital projects.

Accordingly, Supervisor Hudgins asked unanimous consent that the Board direct staff to provide the following information:

Without objection, it was so ordered.

Supervisor Hudgins asked unanimous consent that the Board direct staff to provide additional clarification as to the Memorandum of Understanding and the mission of the RCC Board as well as the ability of the RCC Board to address capital projects.

Chairman Hanley relinquished the Chair to Vice-Chairman Hyland and asked to amend the request to direct staff to:

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

Vice-Chairman Hyland returned the gavel to Chairman Hanley.

42. VOTING MACHINES (Tape 6)

Supervisor Hudgins stated that she had viewed a demonstration of the new voting machines. She urged Board Members to view the machines at the Electoral Board office.

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43. REQUEST FOR WAIVER OF THE FEES FOR THE SHOWMOBILE FOR THE AMERICAN CANCER SOCIETY ANNUAL EVENT (BRADDOCK DISTRICT (Tape 7)

Supervisor Bulova said that next year will be the sixth year that the American Cancer Society will stage an annual event at Robinson Secondary School. It is part of a worldwide effort, with 3000 relays planned for the United States, Canada, and Australia. This is the signature fundraising event for the Fairfax community and, this year, more than $180,000 was raised with more than 100 teams participating. In 2003, they anticipate again having more than 100 teams and raising more than $200,000.

The event will begin with a luncheon on Saturday, June 14, 2003, to honor cancer survivors and will end at 11 a.m. on Sunday with a luminary service in honor of those who lost their battle. In between, there will be entertainment, DJs, clowns, and a fair full of fun running all through the night on the ballfields at Robinson Secondary School. Therefore, Supervisor Bulova moved that the fee for the use of the Showmobile be waived to maximize the amount of money raised by this event for its programs and for cancer research. Supervisor Kauffman seconded the motion, and it carried by a vote of nine, Supervisor Hudgins being out of the room.

44. REQUEST THAT MS. DIANE MILLER BE RECOGNIZED BY THE BOARD (BRADDOCK DISTRICT) (Tape 7)

Supervisor Bulova congratulated Ms. Diane Miller, varsity field hockey coach at Lake Braddock Secondary School, on the occasion of her three hundredth victory in that position. This is a remarkable and landmark accomplishment. Ms. Miller, for 21 years, has educated, trained, advised, and developed more than 500 athletes. She has inspired not only her student athletes, but other students, parents, faculty, and citizens by her example and her accomplishment. In order to properly congratulate Ms. Miller, Supervisor Bulova moved that the Board invite her and the varsity field hockey team, along with representatives of Lake Braddock Secondary School, parents, and past student athletes, to appear before the Board for recognition and congratulations. Supervisor McConnell seconded the motion and it carried by a vote of nine, Supervisor Hudgins being out of the room.

45. INTENT TO DEFER THE PUBLIC HEARING ON REZONING APPLICATIONS RZ 1998-LE-064, SPECIAL EXCEPTION APPLICATIONS SE 91-L-020, SE 91-L-053-4, AND SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 91-L-054-3 (SPRINGFIELD EAST) (Tape 7)

Supervisor Kauffman announced his intent later in the meeting, at the appropriate time, to defer the public hearing for the proposal by Springfield East for commercial development next to the Joe Alexander Transit Center, Rezoning Application RZ 1998-LE-064, Special Exception Applications SE 91-L-020, SE 91-L-053-4, and Special Exception Amendment Application SEA 91-L-054-3 until December 9, 2002, at 3 p.m.

(NOTE: Later in the meeting the public hearing on these applications were formally deferred. See Clerk's Summary Item CL#72.)

46. AUTHORIZATION FOR KSI TO FILE A FINAL DEVELOPMENT PLAN AMENDMENT TO CONSTRUCT INTERIM SOCCER FIELDS (LEE DISTRICT) (Tape 7)

Supervisor Kauffman said that as part of proffers for the Springfield East development, KSI will be committing to build interim soccer fields at the site of the future Kingstowne Regional Library. However, in order to construct those fields, approval of a final development plan amendment is required and since the County owns that property, the Board's authorization to file that application is required.

Therefore, Supervisor Kauffman moved that the Board:

He said that this action in no way relieves the applicant from any of the ordinances, regulations, and policies applicable to the application and should not be viewed as the Board's endorsement of the application. Supervisor McConnell seconded the motion and it carried by a vote of nine, Supervisor Hudgins being out of the room.

47. REQUEST THAT MRS. MONICA PERZ-WADDINGTON FROM THE SPRINGFIELD FOREST COMMUNITY BE RECOGNIZED BY THE BOARD (Tape 7)

Supervisor Kauffman said that last spring Mrs. Monica Perz-Waddington from the Springfield Forest Community in Lee District approached him about a new playground for Springfield Forest Park. When Mrs. Perz-Waddington discovered that Springfield Forest was not in line for playground improvements she asked what the community could do to make the project happen. Park Authority Area Maintenance Supervisor Joe Nilson provided her with catalogs of playground equipment and agreed to install a new playground if she could raise the money to pay for it. She took the proposal to the park's three neighboring communities: the Springfield Civic Association, the Greenwood Homeowner's Association, and the New Charleston Association. The three associations partnered to design a new playground and raise $14,000 to pay for the new equipment. Mrs. Perz-Waddington successfully applied for a $10,000 Mastenbrook Grant and Park Authority staff committed an additional $10,300 in proffer money to cover the project balance. This money was used to improve the landscaping and entrance signs at Springfield Forest Park and install new playground equipment including swings, and a larger play structure for school age children to supplement the park's existing tot lot. Thanks to her efforts, the improvements were completed earlier this month.

Therefore, Supervisor Kauffman asked unanimous consent to direct the Office of Public Affairs to invite Mrs. Perz-Waddington to appear before the Board at a future meeting for formal recognition and that a certificate be prepared to present to her. Without objection, it was so ordered.

48. FIRST FRANCONIA HISTORY DAY (LEE DISTRICT) (Tape 7)

Supervisor Kauffman said that on Sunday, October 20, 2002, Lee District had its first Franconia History Day and he called the Board's attention to a newsletter distributed around the dais that discussed the ongoing efforts and a map highlighting the variety of sights within the Franconia area.

49. LEE DISTRICT TOWN MEETING (Tape 7)

Supervisor Kauffman announced that on Saturday, October 26, 2002, Lee District had a very successful town meeting.

50. LEE DISTRICT TOUR DE LEE BIKE TOUR (Tape 7)

Supervisor Kauffman said that thanks to the efforts of the public safety officers, Lee District proceeded with its Tour de Lee Bike Tour on Sunday, October 27, 2002. He said that they had over 200 riders and that it was a great success.

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51. MEMORIAL MARKER FOR POLICE OFFICER (Tape 8)

Supervisor McConnell moved that the Board direct staff to report with information regarding a memorial marker at the Mixing Bowl in memory of the police officer who was killed while responding to a call about gun shots. Supervisor Kauffman seconded the motion and it carried by a vote of eight, Supervisor Hudgins and Supervisor Mendelsohn being out of the room.

52. ONE HUNDREDTH ANNIVERSARY OF KOREAN-AMERICANS' IMMIGRATION TO THE US (Tape 8)

Supervisor McConnell said that in December 1903, a group of 56 men, 21 women, and 25 children traveled from Korea across the Pacific Ocean, landing in Honolulu, Hawaii, on January 13, 1903. This event marked the first entry of Korean Immigrants to the US territories. It also marks the beginning of a century of contributions, in all aspects of American life, that Korean-Americans have made to this country.

Supervisor McConnell noted that during the past century, Korean-Americans have demonstrated initiative, creativity, and an affinity for hard work that has made them a vital, successful, and growing part of American society. Generations of Korean-Americans have served America with bravery and distinction in World War I, World War II, Korea, and Vietnam. Even with these credits, they continue to make vital contributions to the freedom and prosperity enjoyed by all Americans.

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

Supervisor McConnell moved that the Board direct staff to invite Judith A. Isom, Springfield District Representative, Juvenile and Domestic Advisory Council to appear before the Board to be recognized for her years of service. This motion, the second to which was inaudible, carried by a vote of eight, Supervisor Hudgins and Supervisor Mendelsohn being out of the room.

54. DR. FULLER'S LETTER (Tape 8)

(NOTE: Earlier in the meeting there was additional discussion of the proposed increase of State sales tax rate. See Clerk's Summary Item CL#25.)

Supervisor McConnell outlined Dr. Fuller's letter regarding transportation improvements. She encouraged everyone to support the State tax referendum.

A brief discussion ensued.

55. THE EIGHTEENTH ANNUAL ARMY TEN MILER (Tape 8)

Supervisor Frey said that on October 20, 2002, the eighteenth Annual Army Ten Miler took place at the Pentagon after a one year hiatus due to the events of September 11. The Army Ten Miler is the largest ten-mile race in the US with over 18,000 runners registering for the race. In the past, when the event occurred, the runners were allowed on the grounds and could park in the north and south parking lots.

However, due to the events of September 11 changes were made, including severely limiting parking. Therefore, the runners were encouraged to use Metro and the race organizers and Metro agreed to start running trains earlier than normal for a Sunday and began service at 6:30 a.m.

Supervisor Frey noted that this year nearly 12,000 runners finished the race. However, after the race Metro was essentially running typical Sunday service. This forced Metro personnel to shut off the card reading gates for safety reasons to ensure that too many people would not crowd the platform.

Supervisor Frey moved that the Board direct staff to increase the frequency of trains during special events to safely and efficiently transport people, especially when the only viable mode of transportation is Metro. Supervisor Bulova seconded the motion and it carried by a vote of seven, Supervisor Hudgins, Supervisor Kauffman, and Supervisor Mendelsohn being out of the room.

56. DEFERRAL OF THE PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 112 (ZONING ORDINANCE) REGARDING PUBLIC-PRIVATE ATHLETIC FACILITIES IN THE RC DISTRICT (Tape 8)

Supervisor Frey moved to defer indefinitely the public hearing on the proposed amendment to the Code of the County of Fairfax, Chapter 112 (Zoning Ordinance) regarding public-private athletic facilities in the RC District until new advertised dates an be obtained. Supervisor Bulova seconded the motion and it carried by a vote of seven, Supervisor Hudgins, Supervisor Kauffman, and Supervisor Mendelsohn being out of the room.

57. DRAFT LETTER REGARDING FEDERAL TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF) REAUTHORIZATION (Tape 8)

Supervisor Connolly said that a draft letter from the Board was prepared to be sent to the members of the Virginia Congressional delegation urging the reauthorization of the TANF block grant. Legislation authorizing the TANF block grant and related programs enacted on August 22, 1996, expired on September 30, 2002. Congress approved a three-month extension by a continuing resolution effective through December 2002. The proposed multi-year reauthorization was reviewed by the Board's Legislative Committee on October 18, 2002, and the Committee recommended Board support. The legislation would ensure the continuation of multi-year funding for services necessary to support welfare reform.

Therefore, Supervisor Connolly moved that the Board direct staff to send the proposed letter of support to the members of the Fairfax County Congressional delegation requesting its support of a multiple year extension of TANF and related programs. Supervisor Gross seconded the motion and it carried by a vote of seven, Supervisor Hudgins, Supervisor Kauffman, and Supervisor Mendelsohn being out of the room.

58. AUTHORIZATION OF VIENNA TRANSIT STATION AREA OUT-OF-TURN PLAN AMENDMENT (PROVIDENCE DISTRICT) (Tape 8)

Supervisor Connolly said that since Area Plan Review (APR) Item 01-II-4V was denied earlier this year, considerable consolidation, planning, and design activity has occurred with respect to Land Units C and I of the Vienna Transit Station area. The remainder of Land Units C (primarily the Sweeny property) and I (Fairlee Subdivision) has been fully consolidated and the two contract purchasers are prepared to proceed with a single consolidated development plan, including the provision of a four-lane connection directly between Route 29 and the Vaden Drive bridge over I-66. To achieve that end, the contract purchasers of land units C and I requested that the Board initiate the authorization for an Out-of-Turn Plan Amendment. In view of the changes in the circumstances since the most recent APR cycle he asserted that it is an appropriate time to reconsider the Comprehensive Plan as it applies to Land Units C and I of the Vienna Transit Station.

Therefore, Supervisor Connolly moved that the Board:

Supervisor Bulova seconded the motion and it carried by a vote of seven, Supervisor Hudgins, Supervisor Kauffman, and Supervisor Mendelsohn being out of the room.

59. WAIVER OF FEES AND REQUEST FOR EXPEDITED REVIEW FOR BUCKNELL DRIVE RESIDENTIAL PERMIT PARKING DISTRICT (RPPD) EXPANSION (PROVIDENCE DISTRICT) (Tape 8)

Supervisor Connolly said that citizens from the 8300 block of Bucknell Drive have petitioned for the expansion of the Dunn Loring #3 RPPD to include their block. This block of Bucknell Drive, between Carnegie Drive and Cottage Street, was omitted from the original Dunn Loring RPPD enacted in 1986 and the recent expansion.

Therefore, Supervisor Connolly moved that the Board:

Supervisor Bulova seconded the motion and it carried by a vote of seven, Supervisor Hudgins, Supervisor Kauffman, and Supervisor Mendelsohn being out of the room.

60. SINGLE FAMILY AFFORDABLE DWELLING UNITS (ADUS) (Tape 8)

Supervisor Connolly said on September 23 the Board approved a rezoning for 86 single-family detached homes in the Briarwood neighborhood located near the Vienna Metro. The developer, Christopher Management, worked with the surrounding neighborhood throughout the planning and rezoning process to make the proposed development a good example of compatible in-fill and an asset to the neighborhood. At the request of the Briarwood Civic Association, the developer proffered to retain and renovate two of the existing homes, a stone Cape Cod and a brick split level, and to build two more single-family detached homes to satisfy the requirement for ADUs. The Department of Housing and Community Development, the Redevelopment and Housing Authority (RHA), members of the Planning Commission and the Board, and the community have expressed enthusiasm for the development of single-family detached ADUs. Since this is the first instance of a rezoning proffer of this kind, guidelines are needed regarding matters such as sales price, compatibility, and developer incentives. These guidelines must recognize the differences between the type of ADUs that have been traditionally developed, such as townhomes, and this new type of affordable units.

Therefore, Supervisor Connolly moved that the Board direct staff to work with RHA and the ADU Task Force and report on guidelines that would promote and provide incentives for single-family detached homes being included in the ADU program. Supervisor Gross seconded the motion and it carried by a vote of eight, Supervisor Hudgins and Supervisor Mendelsohn being out of the room.

61. PUBLIC SAFETY COMMUNICATIONS CENTER (PSCC) BROCHURE (Tape 8)

Supervisor Connolly called the Board's attention to a brochure developed by the PSCC. He commended PSCC staff for this outstanding brochure. In the one tri-fold they have answered many of the questions that his office staff hears over and over again:

Supervisor Connolly noted that more than two years ago he requested that all County publications be dated. He said that this is not always the case. This pamphlet is dated and also has the title in the top third of the folder brochure so it is visible when placed in display racks. He added that the County needs a standard for its publications so that brochures like this become the norm.

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

Supervisor Gross seconded the motion.

Following discussion, Supervisor Gross noted that the date of publication was not included on the brochure and she asked to amend the motion to direct staff to include the date of publication on the brochure, and this was accepted.

The question was called on the motion, as amended, and it carried by a vote of eight, Supervisor Hudgins and Supervisor Mendelsohn being out of the room.

62. FAIRFAX COUNTY COMMUNITY ASSOCIATION MANUAL (Tape 8)

Supervisor Connolly pointed out that this past week the Board received advanced copies of the new Fairfax County Community Association Manual. It provides Associations Board of Directors, as well as the leadership of civic associations, a wealth of information. The breadth of topics covered, the clarity of the presentations and the frequent noting of additional resources are all praiseworthy aspects of this outstanding manual.

Supervisor Connolly said that it is his understanding that a copy was mailed to every homeowner, condominium and cooperative association as well as to all civic and citizen associations. The manual is also available on the County web site and is for sale at the Government Center for $15.

Therefore, Supervisor Connolly asked unanimous consent that the Board direct staff to convey to all those involved in the research, preparation, and production of the manual the Board's congratulations on a job well done. Without objection, it was so ordered.

Supervisor Hyland asked unanimous consent that the Board direct staff to send a copy of the brochure to Ms. Jackie Byers at the National Association of Counties. Without objection, it was so ordered.

63. MARSHALL HIGH SCHOOL IS 40 (PROVIDENCE DISTRICT) (Tape 8)

Supervisor Connolly announced that Marshall High School, named for statesman General George C. Marshall, will celebrate its fortieth anniversary at Homecoming celebrations on November 8 under the theme of "40 Years of Excellence."

Therefore, Supervisor Connolly moved that the Board direct staff to invite Marshall High School Principal Leslie Butz, Providence District School Board Representative Ernestine Heastie, and members of the faculty, students, parents and alumni to appear before the Board at an appropriate date to be honored on this important milestone. This motion, the second to which was inaudible, carried by a vote of nine, Supervisor Hudgins being out of the room.

64. SOUTH COUNTY HIGH SCHOOL REQUEST FOR PROPOSAL (RFP) IN LAUREL HILL (MOUNT VERNON DISTRICT) (Tape 8)

Supervisor Hyland announced that South County Secondary LLC was named the highest rated offeror for the South County High School RFP in Laurel Hill. This RFP proposes the construction of a new high school and the private development of portions of property located immediately adjacent to the high school. He said that it has come to his attention that a wetlands permit application must be filed with the US Corps of Engineers no later than October 31, 2002, on property that is County-owned. A motion may be required by the Board to permit South County Secondary LLC to file and pursue this wetlands permit on behalf of the County.

Therefore, Supervisor Hyland moved that the Board grant permission to South County LLC to file and pursue a wetlands permit with the Corps of Engineers on the County-owned property that is the subject of the South County High School RFP, and also on county-owned property included in or adjacent to the RFP property, if such is necessary. Supervisor Bulova seconded the motion and it carried by a vote of nine, Supervisor Hudgins being out of the room.

65. INTENT TO DEFER THE PUBLIC HEARING ON SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 98-V-042 (Tape 8)

Supervisor Hyland announced his intent at the appropriate time, later in the meeting, to defer the public hearing on Special Exception Amendment Application SEA 98-V-042.

(NOTE: Later in the meeting this public hearing was formally deferred. See Clerk's Summary Item CL#89.)

66. ABSENCE OF MOUNT VERNON DISTRICT SUPERVISOR GERRY HYLAND (Tape 8)

Supervisor Hyland announced that he would be leaving the meeting early to provide testimony in Richmond.

67. ORDERS OF THE DAY (Tape 8)

Chairman Hanley announced that due to the Board's schedule it would be back in session after 3:30 p.m.

68. RECESS/CLOSED SESSION (Tape 8)

At 1:20 p.m., Supervisor Connolly moved that the Board recess and go into closed session for discussion and consideration of matters enumerated in Virginia Code Section 2.1-344 and listed in the agenda for this meeting as follows:

(a) Discussion or consideration of personnel matters pursuant to Virginia Code § 2.2-3711(A)(1).

(b) Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Virginia Code § 2.2-3711(A)(3).

(c) Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, and consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Virginia Code § 2.2-3711(A)(7).

1. Michael R. Bratti v. Donald H. Cochran, Joann A. Cochran, Dean Salman, Diane E. Salman and Wallace T. Sansone, At Law No. 207562 (Fx. Co. Cir. Ct.) (Dranesville District)

2. W. John Layng and Carol Layng, Individually, and DBA Layne and Company Greenhouses v. Jane Gwinn, Zoning Administrator of Fairfax County, Virginia, and Board of Supervisors of Fairfax County, Virginia, In Chancery No. 162042 (Fx. Co. Cir. Ct.) (Dranesville District)

3. Thanh V. Tran v. Board of Zoning Appeals of Fairfax County, At Law No. 202126 (Fx. Co. Cir. Ct.) (Sully District), and Jane W. Gwinn, Fairfax County Zoning Administrator v. Thanh V. Tran, In Chancery No. 177895 (Fx. Co. Cir. Ct.) (Sully District)

4. Jane W. Gwinn, Fairfax County Zoning Administrator v. Ryan Epp, Robert E. Epp, and Dian Epp, In Chancery No. 180438 (Fx. Co. Cir. Ct.) (Mason District)

5. Jane W. Gwinn, Fairfax County Zoning Administrator v. Richard S. Simmons, et al., In Chancery No. 180585 (Fx. Co. Cir. Ct.) (Lee District)

6. Jane W. Gwinn, Fairfax County Zoning Administrator v. Hui Son Pak, et al., In Chancery No. 178069 (Fx. Co. Cir. Ct.) (Lee District)

7. Board of Supervisors v. Michele Stanco, et al., At Law No. 207931 (Fx. Co. Cir. Ct.) (Sully District)

And in addition:

Supervisor Bulova seconded the motion and it carried by a vote of nine, Supervisor Hudgins being out of the room.

SBE:sbe

At 3:45 p.m., the Board reconvened in the Board Auditorium with all Members being present, with the exception of Supervisor Hudgins, and with Chairman Hanley presiding.

ACTIONS FROM CLOSED SESSION

69. CERTIFICATION BY BOARD MEMBERS REGARDING ITEMS DISCUSSED IN CLOSED SESSION (Tape 9)

Supervisor Bulova moved that the Board certify that, to the best of its knowledge, only public business matters lawfully exempted from open meeting requirements and only such public business matters as were identified in the motion by which closed session was convened were heard, discussed, or considered by the Board during the closed session. Supervisor Hyland and Chairman Hanley jointly seconded the motion.

Chairman Hanley stated that Supervisor Hudgins was not present for closed session.

The question was called on the motion which carried by a vote of nine, Supervisor Bulova, Supervisor Connolly, Supervisor Frey, Supervisor Gross, Supervisor Hyland, Supervisor Kauffman, Supervisor McConnell, Supervisor Mendelsohn, and Chairman Hanley voting "AYE," Supervisor Hudgins being out of the room.

70. AUTHORIZATION OF AN APPEAL OF THE DENIAL BY THE US DISTRICT COURT OF SUMMARY JUDGMENT IN JOSEPH R. PARRISH VERSUS COMMONWEALTH OF VIRGINIA ET AL., CIVIL ACTION NUMBER 02-582-A (Tape 9)

Supervisor Hyland moved that the Board authorize an appeal of the denial by the US District Court of summary judgment in Joseph B. Parrish versus Commonwealth of Virginia et al., Civil Action Number 02-582-A according to the terms and conditions outlined by the County Attorney in closed session. Supervisor Bulova seconded the motion and it carried by a vote of nine, Supervisor Hudgins being out of the room.

AGENDA ITEMS

71. A-4 – APPROVAL OF THE FAIRFAX CONNECTOR BUS ADVERTISING PROGRAM (RFP) (Tape 9)

(NOTE: Earlier in the meeting the Board deferred action on this item. See Clerk’s Summary Item CL#23.)

Supervisor Kauffman moved approval of the FAIRFAX CONNECTOR Bus Advertising Program RFP. Supervisor Hyland seconded the motion, which CARRIED by a recorded vote of five, Supervisor Frey, Supervisor Gross, Supervisor McConnell, and Supervisor Mendelsohn voting "NAY," Supervisor Hudgins being out of the room.

Supervisor Connolly moved that the Board adopt the Guidelines for Advertising on the Fairfax Connector System as discussed in closed session. Supervisor Kauffman seconded the motion, which CARRIED by a recorded vote of five, Supervisor Frey, Supervisor Gross, Supervisor McConnell, and Supervisor Mendelsohn voting "NAY," Supervisor Hudgins being out of the room.

Discussion followed with input from David P. Bobzien, County Attorney.

72. 3 P.M. – PH ON REZONING APPLICATION RZ 1998-LE-064, SPECIAL EXCEPTION APPLICATION SE 01-L-020, AND SPECIAL EXCEPTION AMENDMENT APPLICATIONS SEA 91-L-053-4 AND SEA 91-L-054-3 (SPRINGFIELD EAST, LC) (LEE DISTRICT) (Tape 9)

(NOTE: At its October 7, 2002, meeting the Board deferred the public hearing on this item until October 28, 2002.)

Supervisor Kauffman moved to defer the public hearing on Rezoning Application RZ 1998-LE-064, Special Exception Application SE 01-L-020, and Special Exception Amendment Applications SEA 91-L-053-4 and SEA 91-L-054-3 until December 9, 2002, at 3 p.m. Chairman Hanley seconded the motion and it carried by a vote of nine, Supervisor Hudgins being out of the room.

73. 3:30 P.M. – PH ON PROFFERED CONDITION AMENDMENT APPLICATION PCA 84-D-049-5 (TYSONS II LAND COMPANY, LLC) (PROVIDENCE DISTRICT) (Tape 9)

Supervisor Connolly moved to defer the public hearing on Proffered Condition Amendment Application PCA 84-D-049-5 until January 27, 2003, at 3 p.m. Chairman Hanley seconded the motion and it carried by a vote of seven, Supervisor Hudgins, Supervisor Hyland, and Supervisor Mendelsohn being out of the room.

74. 3:30 P.M. – PH ON REZONING APPLICATION RZ 1999-SU-071 AND PROFFERED CONDITION AMENDMENT APPLICATION PCA 78-C-079-2 (BADREDDIN PLASEIED) (SULLY DISTRICT) (Tape 9)

Supervisor Frey moved to defer the public hearing on Rezoning Application RZ 1999-SU-071 and Proffered Condition Amendment Application PCA 78-C-079-2 until November 18, 2002, at 3 p.m. Supervisor Connolly seconded the motion and it carried by a vote of seven, Supervisor Hudgins, Supervisor Hyland, and Supervisor Mendelsohn being out of the room.

75. 3 P.M. – PH ON REZONING APPLICATION RZ 2001-PR-053 AND SPECIAL EXCEPTION APPLICATION SE 2002-PR-018 (JEFFERSON INVESTMENT GROUP, INCORPORATED) (PROVIDENCE DISTRICT) (Tape 9)

(NOTE: At its September 9, 2002, meeting the Board deferred the public hearing on this item until September 23, 2002, at which time the Board again deferred the public hearing until October 28, 2002.)

The Rezoning Application RZ 2001-PR-053 property is located on the southwest side of Gallows Road at the terminus of Old Gallows Road, Tax Map 39-2 ((1)) 18.

The Special Exception Application SE 2002-PR-018 property is located at 2000 Gallows Road, Tax Map 39-2 ((1)) 18.

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

Mr. Young 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, Peter Braham, Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.

Discussion followed with input from Mr. Young and Mr. Braham.

Supervisor Connolly moved:

Supervisor Bulova seconded the motion and it carried by a vote of seven, Supervisor Hudgins, Supervisor Hyland, and Supervisor McConnell being out of the room.

Supervisor Connolly moved:

Supervisor Bulova seconded the motion and it carried by a vote of seven, Supervisor Hudgins, Supervisor Hyland, and Supervisor McConnell being out of the room.

(NOTE: Later in the meeting, the Board took additional action regarding this item. See Clerk’s Summary Item CL#83.)

76. 3 P.M. – PH ON REZONING APPLICATION RZ 1998-LE-064, SPECIAL EXCEPTION APPLICATION SE 01-L-020, AND SPECIAL EXCEPTION AMENDMENT APPLICATIONS SEA 91-L-053-4 AND SEA 91-L-054-3 (SPRINGFIELD EAST, LC) (LEE DISTRICT) (No Tape)

(NOTE: Earlier in the meeting this public hearing was deferred. See Clerk’s Summary Item CL#72.)

77. 3:30 P.M. – PH ON PROFFERED CONDITION AMENDMENT APPLICATION PCA 84-D-049-5 (TYSONS II LAND COMPANY, LLC) (PROVIDENCE DISTRICT) (No Tape)

(NOTE: Earlier in the meeting this public hearing was deferred. See Clerk’s Summary Item CL#73.)

78. 3:30 P.M. – PH ON PROFFERED CONDITION AMENDMENT APPLICATION PCA C-667 AND SPECIAL EXCEPTION APPLICATION SE 2002-DR-007 (BANK OF AMERICA) (DRANESVILLE DISTRICT) (Tape 9)

Supervisor Mendelsohn moved to defer the public hearing on Proffered Condition Amendment Application PCA C-667 and Special Exception Application SE 2002-DR-007 until November 18, 2002, at 3 p.m. Supervisor Kauffman seconded the motion and it carried by a vote of seven, Supervisor Hudgins, Supervisor Hyland, and Supervisor McConnell being out of the room.

79. 3:30 P.M. – PH ON REZONING APPLICATION RZ 1999-SU-071 AND PROFFERED CONDITION AMENDMENT APPLICATION PCA 78-C-079-2 (BADREDDIN PLASEIED) (SULLY DISTRICT) (No Tape)

(NOTE: Earlier in the meeting this public hearing was deferred. See Clerk’s Summary Item CL#74.)

80. 4 P.M. – PH ON PROPOSED OUT-OF-TURN PLAN AMENDMENT S02-III-UP1 LOCATED IN THE OX HILL AREA (SULLY DISTRICT) (Tape 9)

A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 10 and October 17, 2002.

Following the public hearing, which included testimony by seven speakers, Supervisor Frey moved to defer decision on Out-of-Turn Plan Amendment S02 -III-UP1 until November 18, 2002, at 3 p.m. Chairman Hanley seconded the motion and it carried by a vote of six, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, and Supervisor McConnell being out of the room.

81. 4 P.M. – PH ON PROPOSED OUT-OF-TURN PLAN AMENDMENT S02-III-BR1 FOR CHANTILLY CROSSING (SULLY DISTRICT) (Tape 9)

Supervisor Frey moved to defer the public hearing for Out-of-Turn Plan Amendment S02-III-BR1 until December 9, 2002, at 3 p.m. Supervisor Bulova seconded the motion and it carried by a vote of six, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, and Supervisor McConnell being out of the room.

82. 4 P.M. – PH ON PROFFERED CONDITION AMENDMENT APPLICATION PCA 81-D-045-3 AND SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 82-D-038-3 (GREENSBORO CENTER, LP) (PROVIDENCE DISTRICT) (Tape 9)

The Proffered Condition Amendment Application 81-D-045-3 is located in the southwest quadrant of the intersection of Spring Hill Road and Greensboro Drive.

The Special Exception Amendment Application SEA 82-D-038-3 property is located at 8401 and 8405 Greensboro Drive, Tax Map 29-3 ((1)) 63C.

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

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

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

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

Supervisor Connolly moved:

Supervisor Kauffman seconded the motion and it carried by a vote of six, Supervisor Frey, Supervisor Hudgins, Supervisor Hyland, and Supervisor McConnell being out of the room.

83. ADDITIONAL ACTION REGARDING REZONING APPLICATION RZ 2001-PR-053 AND SPECIAL EXCEPTION APPLICATION SE 2002-PR-018 (JEFFERSON INVESTMENT GROUP, INCORPORATED (Tape 9)

(NOTE: Earlier in the meeting action was taken on this item. See Clerk’s Summary Item CL# 75.)

Supervisor Connolly called the Board’s attention to Rezoning Application RZ 2001-PR-053 and Special Exception Application SE 2002-PR-018 and stated that he had additional motions.

Therefore, Supervisor Connolly moved to approve, in addition to the previously approved motion:

Supervisor Kauffman seconded the motion and it carried by a vote of six, Supervisor Frey, Supervisor Hudgins, Supervisor Hyland, and Supervisor McConnell being out of the room.

84. 4 P.M. – PH ON SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 88-V-064-4 (PROGRESO HISPANO) (MOUNT VERNON DISTRICT) (Tape 9)

The application property is located at 4100 Mohawk Lane and 8333 Richmond Highway, Tax Map 101-4 ((1)) 5A, 57; 101-4 ((7)) 1 – 10, 39 – 41; 101-4 ((8)) (E) 1–6.

Ms. Isis M. Castro reaffirmed the validity of the affidavit for the record.

Ms. Castro 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 she proceeded to present her case.

Following the public hearing, Cathy Lewis, Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.

On behalf of Supervisor Hyland, Supervisor Kauffman moved approval of Special Exception Amendment Application SEA 88-V-064-4, subject to the development conditions dated October 1, 2002, as contained in Appendix One of the staff report. Supervisor Connolly and Chairman Hanley jointly seconded the motion and it carried by a vote of six, Supervisor Frey, Supervisor Hudgins, Supervisor Hyland, and Supervisor McConnell being out of the room.

85. ADMIN 2 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING REGARDING THE LEASING OF A PORTION OF COUNTY-OWNED PROPERTY AT THE FORMER WALT WHITMAN INTERMEDIATE/MOUNT VERNON HIGH SCHOOL AT 4100 MOHAWK LANE TO PROGRESO HISPANO, INCORPORATED. (Tape 9)

(NOTE: Earlier in the meeting the Board deferred action on this item. See Clerk’s Summary Item CL#19.)

Supervisor Kauffman moved to authorize the advertisement of the public hearing regarding the leasing of a portion of County-owned property at the former Walt Whitman Intermediate/Mount Vernon High School at 4100 Mohawk Lane to Progreso Hispano, Incorporated. Supervisor Connolly seconded the motion and it carried by a vote of six, Supervisor Frey, Supervisor Hudgins, Supervisor Hyland, and Supervisor McConnell being out of the room.

DS:ds

86. 4:30 P.M. – PH ON PROPOSED CUT-THROUGH TRAFFIC RESTRICTION FOR CONSTANTINE AVENUE AS PART OF THE RESIDENTIAL-TRAFFIC ADMINISTRATION PROGRAM (R-TAP) (LEE DISTRICT) (Tape 10)

A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 10 and October 17, 2002.

Douglas W. Hansen, Transportation Planner III, Capital Projects and Operations Division, Department of Transportation, presented the staff recommendations.

Following the public hearing, which included testimony by 14 speakers, Supervisor Kauffman moved adoption of the Resolution to implement measures to reduce the amount of cut-through traffic on Constantine Avenue as part of the R-TAP. Supervisor Connolly seconded the motion and it carried by a vote of six, Supervisor Bulova, Supervisor Connolly, Supervisor Gross, Supervisor Kauffman, Supervisor McConnell, and Chairman Hanley voting "AYE," Supervisor Frey, Supervisor Hudgins, Supervisor Hyland, and Supervisor Mendelsohn being out of the room.

87. 4:30 P.M. – PH FOR THE CREATION/ENLARGEMENT OF SMALL AND LOCAL SANITARY DISTRICTS FOR REFUSE AND LEAF COLLECTION SERVICE (BRADDOCK, DRANESVILLE, HUNTER MILL, LEE, AND MASON DISTRICTS) (Tapes 10-11)

A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 10 and October 17, 2002.

Discussion ensued with input from Terry Czarny, Petition Coordinator, Department of Public Works and Environmental Services (DPWES), Division of Solid Waste (DSW), Collection and Recycling.

Following the public hearing, which included testimony by three speakers, Supervisor Mendelsohn moved approval of the proposed petitions for Small District 6 and 4, within the Dranesville District, in accordance with the adopted criteria for the Creation/Enlargement/Withdrawal of Small or Local Sanitary Districts. Supervisor Connolly seconded the motion and it carried by a vote of eight, Supervisor Bulova, Supervisor Connolly, Supervisor Frey, Supervisor Gross, Supervisor Kauffman, Supervisor McConnell, Supervisor Mendelsohn, and Chairman Hanley voting "AYE," Supervisor Hudgins and Supervisor Hyland being out of the room.

Supervisor Gross moved approval of the proposed petition for Small District 5 within the Mason District, in accordance with the adopted criteria for the Creation/Enlargement/Withdrawal of Small or Local Sanitary Districts. Supervisor Connolly seconded the motion and it carried by a vote of eight, Supervisor Bulova, Supervisor Connolly, Supervisor Frey, Supervisor Gross, Supervisor Kauffman, Supervisor McConnell, Supervisor Mendelsohn, and Chairman Hanley voting "AYE," Supervisor Hudgins and Supervisor Hyland being out of the room.

Supervisor Kauffman moved approval of the proposed petition for Local District C, within Small District 1, within the Lee District, in accordance with the adopted criteria for the Creation/Enlargement/Withdrawal of Small or Local Sanitary Districts. Supervisor Mendelsohn seconded the motion and it carried by a vote of eight, Supervisor Bulova, Supervisor Connolly, Supervisor Frey, Supervisor Gross, Supervisor Kauffman, Supervisor McConnell, Supervisor Mendelsohn, and Chairman Hanley voting "AYE," Supervisor Hudgins and Supervisor Hyland being out of the room.

Chairman Hanley moved approval of the proposed petition for Small District 2, within the Hunter Mill District, in accordance with the adopted criteria for the Creation/Enlargement/Withdrawal of Small or Local Sanitary Districts. Supervisor Connolly seconded the motion.

Following discussion with input from Jerry A. Hubbard, Director, DPWES, DSW, Collection and Recycling, the question was called on the motion and it carried by a vote of eight, Supervisor Bulova, Supervisor Connolly, Supervisor Frey, Supervisor Gross, Supervisor Kauffman, Supervisor McConnell, Supervisor Mendelsohn, and Chairman Hanley voting "AYE," Supervisor Hudgins and Supervisor Hyland being out of the room.

Following discussion, with input from Mr. Czarny, Supervisor Bulova moved approval of the petition for Small District 3, within the Braddock District, with the understanding that any issues unresolved can be addressed at the next Board meeting. Supervisor Kauffman seconded the motion.

Following further discussion, the question was called on the motion and it carried by a vote of eight, Supervisor Bulova, Supervisor Connolly, Supervisor Frey, Supervisor Gross, Supervisor Kauffman, Supervisor McConnell, Supervisor Mendelsohn, and Chairman Hanley voting "AYE," Supervisor Hudgins and Supervisor Hyland being out of the room.

Sanitary District

Action

Service

Recommendation

Small District 3

within Braddock District (Signal Hill)

Create

Refuse

Approve

Small District 6

within Dranesville District

(928 Mackall Avenue)

Enlarge

Refuse

Approve

Small District 4

within Dranesville District

(West Lewinsville

Cliff Road)

Enlarge

Refuse

Approve

Small District 4

within Dranesville District

(West Lewinsville

Evers Drive)

Enlarge

Refuse

Approve

 

Small District 2

within Hunter Mill District

(Tanglewood)

Create

Refuse

Approve

Local District C

within Small District 1

within Lee District

(Jane Way)

Enlarge

Refuse & Leaf

Approve

 

Small District 5

within Mason District

(4001 Thornton Street)

 

Enlarge

 

Refuse

 

Approve

88. 4:30 P.M. – PH ON A PROPOSAL TO VACATE AND ABANDON A SEGMENT OF NEWGATE BOULEVARD (ROUTE 845) AND VACATE SEGMENTS OF JOHNSON AVENUE AND MOSBY LANE (SULLY DISTRICT) (Tape 11)

(O) A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 10 and October 17, 2002.

Discussion ensued with input from Michael A. Davis, Transportation Planner II, Site Analysis Section, Department of Transportation.

Following the public hearing, Supervisor Frey moved adoption of the:

Supervisor Connolly seconded the motion and it carried by a vote of six, Supervisor Bulova, Supervisor Connolly, Supervisor Frey, Supervisor Gross, Supervisor McConnell, and Chairman Hanley voting "AYE," Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, and Supervisor Mendelsohn being out of the room.

89. 4:30 P.M. – PH ON SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 98-V-042 (BELLE HAVEN COUNTRY CLUB, INCORPORATED) (MOUNT VERNON DISTRICT) (Tape 11)

Supervisor Connolly moved to defer the public hearing on Special Exception Amendment Application SEA 98-V-042 until November 18, 2002, at 3:30 p.m. Supervisor Frey seconded the motion and it carried by a vote of six, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, and Supervisor Mendelsohn being out of the room.

90. 5 P.M. – PH ON REZONING APPLICATION RZ 2002-LE-005 (SUSAN WISE CLAY, FORMERLY SUSAN C. BECK) (LEE DISTRICT) (Tape 11)

Supervisor Kauffman moved to defer the public hearing on Rezoning Application RZ 2002-LE-005 until November 18, 2002, at 3 p.m. Supervisor Connolly seconded the motion and it carried by a vote of seven, Supervisor Hudgins, Supervisor Hyland, and Supervisor Mendelsohn being out of the room.

91. 5 P.M. – PH ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 82 (MOTOR VEHICLES AND TRAFFIC), ESTABLISHING THE GREEN TRAILS RESTRICTED PARKING DISTRICT (RPD), DISTRICT 5, AS PART OF THE RESIDENTIAL TRAFFIC ADMINISTRATION PROGRAM (R-TAP) (SULLY DISTRICT) (Tape 11)

A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 10 and October 17, 2002.

Discussion ensued with input from William H. Parman, Transportation Planner II, Capital Projects and Operations Division, Department of Transportation.

Following the public hearing, which included testimony by nine speakers, Supervisor Frey moved adoption of the Ordinance establishing the Green Trails RPD, District 5, encompassing:

The parking prohibition for watercraft, boat trailers, motor homes, and camping trailers on the street identified above for the Green Trails RPD is proposed to be in effect seven days per week, 24-hours per day.

Supervisor Bulova seconded the motion.

Following discussion, the question was called on the motion and it carried by a vote of seven, Supervisor Bulova, Supervisor Connolly, Supervisor Frey, Supervisor Gross, Supervisor Kauffman, Supervisor McConnell, and Chairman Hanley voting "AYE," Supervisor Hudgins, Supervisor Hyland, and Supervisor Mendelsohn being out of the room.

92. 5 P.M. – PH ON THE PROPOSED APPROVAL OF A PROMISSORY NOTE TO BE ISSUED BY THE BAILEY’S CROSS ROADS VOLUNTEER FIRE DEPARTMENT (VFD) (MASON DISTRICT) (Tape 11)

A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 10 and October 17, 2002.

Discussion ensued with input from David P. Bobzien, County Attorney.

Following the public hearing, Supervisor Gross moved adoption of the Resolution approving the issuance and/or incurrence by the department of the Promissory Note for the Bailey's Cross Roads VFD. Supervisor Bulova and Supervisor McConnell jointly seconded the motion and it carried by a vote of six, Supervisor Bulova, Supervisor Connolly, Supervisor Gross, Supervisor Kauffman, Supervisor McConnell, and Chairman Hanley voting "AYE," Supervisor Frey, Supervisor Hudgins, Supervisor Hyland, and Supervisor Mendelsohn being out of the room.

93. 5 P.M. – PH ON THE PROPOSED APPROVAL OF A REPLACEMENT PROMISSORY NOTE TO BE ISSUED BY THE GREATER SPRINGFIELD VOLUNTEER FIRE DEPARTMENT (VFD) (LEE DISTRICT) (Tape 11)

A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 10 and October 17, 2002.

Discussion ensued with input from David P. Bobzien, County Attorney.

Following the public hearing, Supervisor Kauffman moved adoption of the Resolution approving the issuance and/or incurrence by the Greater Springfield VFD, of the Replacement Promissory Note in an aggregate principal amount of up to $292,000. Supervisor McConnell seconded the motion and it carried by a vote of six, Supervisor Bulova, Supervisor Connolly, Supervisor Gross, Supervisor Kauffman, Supervisor McConnell, and Chairman Hanley voting "AYE," Supervisor Frey, Supervisor Hudgins, Supervisor Hyland, and Supervisor Mendelsohn being out of the room.

94. 5:30 P.M. – PH ON SPECIAL EXCEPTION APPLICATION SE 2002-DR-012 (BETTY H. MEADOWS) (DRANESVILLE DISTRICT) (Tape 11)

Supervisor Gross moved to defer the public hearing on Special Exception Application SE 2002-DR-012 until November 18, 2002, at 3 p.m. Supervisor Connolly seconded the motion and it carried by a vote of six, Supervisor Frey, Supervisor Hudgins, Supervisor Hyland, and Supervisor Mendelsohn being out of the room.

95. 5:30 P.M. – PH ON SPECIAL EXCEPTION APPLICATION SE 2002-MA-013 (ABDULELAH AL-KELIDDAR) (MASON DISTRICT) (Tape 11)

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

96. 5:30 P.M. – PH ON REZONING APPLICATION RZ 2001-LE-048 (CENTEX HOMES) (LEE DISTRICT) (Tape 11)

Supervisor Kauffman moved to defer the public hearing on Rezoning Application RZ 2001-LE-048 until November 18, 2002, at 4:30 p.m. Supervisor Connolly seconded the motion and it carried by a vote of six, Supervisor Frey, Supervisor Hudgins, Supervisor Hyland, and Supervisor Mendelsohn being out of the room.

97. 5:30 P.M. – PH ON SPECIAL EXCEPTION APPLICATION SE 2002-MA-013 (ABDULELAH AL-KELIDDAR) (MASON DISTRICT) (Tape 11)

Supervisor Gross moved to defer the public hearing on Special Exception Application SE 2002-MA-013 indefinitely. Supervisor Connolly seconded the motion and it carried by a vote of six, Supervisor Frey, Supervisor Hudgins, Supervisor Hyland, and Supervisor Mendelsohn being out of the room.

98. 5:30 P.M. – PUBLIC COMMENT FROM FAIRFAX COUNTY CITIZENS AND BUSINESSES ON ISSUES OF CONCERN (Tape 11)

A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 10 and October 17, 2002.

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

99. BOARD RECESS (Tape 11)

At 6:25 p.m. the Board recessed briefly, and at 7:05 p.m. reconvened with all members being present, with the exception of Supervisor Hudgins, Supervisor Hyland, Supervisor McConnell, and Chairman Hanley, and with Acting-Chairman Kauffman presiding.

100. 7 P.M. – PH ON PROPOSED AREA PLANS REVIEW (APR) ITEM 02-11-2F, LOCATED WEST OF RUST STREET (BRADDOCK DISTRICT) (Tape 11)

A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 14 and October 21, 2002.

Following the public hearing, which included testimony by two speakers, Sterling Wheeler, Chief, Policy and Plan Development Branch, Planning Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.

Supervisor Bulova moved approval of the Planning Commission recommendation for APR Item 02-II-2F, as indicated in Attachment III of the Board Agenda Item dated October 28, 2002. This recommendation adds an option for residential use at three to four dwelling units per acre with full consolidation. The recommended text is shown in the handout. Supervisor Frey seconded the motion and it carried by a vote of six, Supervisor Hudgins, Supervisor Hyland, Supervisor McConnell, and Chairman Hanley being out of the room.

101. 7 P.M. – PH ON PROPOSED AREA PLANS REVIEW (APR) ITEM 02-I-1A, ADDRESSING THE ANNANDALE CENTRAL BUSINESS CENTER (MASON DISTRICT AND BRADDOCK DISTRICT) (Tape 11)

A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 14 and October 21, 2002.

Following the public hearing, which included testimony by one speaker, Clara Quintero Johnson, Planner II, Planning Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.

Supervisor Gross moved approval of the Planning Commission recommendation for APR Item 02-I-1A, as shown in Attachment III of the Board Agenda Item dated October 28, 2002. This recommendation, which is the staff and task force recommendation, emphasizes the current Plan's substantial flexibility for redevelopment in the Annandale Central Business Center. The recommended text is shown on pages one through five in the handout. Supervisor Bulova seconded the motion and it carried by a vote of seven, Supervisor Hudgins, Supervisor Hyland, and Chairman Hanley being out of the room.

102. 7 P.M. – PH ON PROPOSED AREA PLANS REVIEW (APR) ITEM 02-I-2A, LOCATED SOUTH OF LITTLE RIVER TURNPIKE AND WEST OF MAYHUNT COURT (MASON DISTRICT) (Tapes 11-12)

A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 14 and October 21, 2002.

Following the public hearing, which included testimony by one speaker, Clara Quintero Johnson, Planner II, Planning Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.

Supervisor Gross moved approval of the staff recommendation for APR Item 02-I-2A, as shown in Attachment III of the Board Agenda Item dated October 28, 2002. This recommendation, which is the staff and task force recommendation, adds an option for residential use at five to eight dwelling units per acre. The recommend text is shown in the handout. Supervisor Connolly and Supervisor McConnell jointly seconded the motion and it carried by a vote of seven, Supervisor Hudgins, Supervisor Hyland, and Chairman Hanley being out of the room.

103. 7 P.M. – PH ON PROPOSED OUT-OF-TURN PLAN AMENDMENT S02-I-B2, LOCATED SOUTH OF LEESBURG PIKE AND WEST OF THE AURA HEIGHTS SUBDIVISION (MASON DISTRICT) (Tape 12)

A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 14 and October 21, 2002.

Following the public hearing, which included testimony by one speaker, discussion ensued with input from Sterling Wheeler, Chief, Policy and Plan Development Branch, Planning Division (PD), Department of Planning and Zoning (DPZ).

Clara Quintero Johnson, Planner II, PD, DPZ, presented the staff and Planning Commission recommendations.

Supervisor Gross moved to defer decision on Out-of-Turn Plan Amendment S02-I-B2 indefinitely. Supervisor Connolly seconded the motion and it carried by a vote of seven, Supervisor Hudgins, Supervisor Hyland, and Chairman Hanley being out of the room.

104. 7 P.M. – PH ON PROPOSED AREA PLANS REVIEW (APR) ITEM 02-II-F AND ITEM 02-II-5F, LOCATED NORTH OF LITTLE RIVER TURNPIKE, BETWEEN PINELAND STREET AND WOODBURN ROAD (MASON DISTRICT) (Tape 12)

A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 14 and October 21, 2002.

Following the public hearing, which included testimony by one speaker, Clara Quintero Johnson, Planner II, Planning Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.

Supervisor Gross moved approval of the Planning Commission recommendation for APR Items 02-II-1F and 02-II-5, as shown in Attachment III of the Board Agenda Item dated October 28, 2002. The recommendation, which is the staff and task force recommendation, clarifies the Plan's guidance for this commercial area. The recommend text is shown in the handout. Supervisor Connolly seconded the motion.

Following discussion, the question was called on the motion and it carried by a vote of six, Supervisor Hudgins, Supervisor Hyland, Supervisor McConnell, and Chairman Hanley voting "AYE."

105. 7 P.M. – PH ON PROPOSED AREA PLANS REVIEW (APR) ITEM 02-I-1L, LOCATED EAST OF INTERSTATE 395 AND EDSALL ROAD INTERSECTION (MASON DISTRICT) (Tape 12)

A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 14 and October 21, 2002.

Following the public hearing, which included testimony by four speakers, Clara Quintero Johnson, Planner II, Planning Division (PD), Department of Planning and Zoning (DPZ) presented the staff and Planning Commission recommendations.

Following discussion, with input from Sterling Wheeler, Chief, Policy and Plan Development Branch, PD, DPZ, Supervisor Gross moved approval of the Planning Commission recommendation for APR Item 02-I-1L, as shown in Attachment III of the Board Agenda Item dated October 28, 2002. This recommendation, which reflects the staff and task force recommendation, adds the subject property to the Beltway South Industrial Area and provides an option for the existing retail to redevelop with residential use at 30 to 40 dwelling units per acre. The recommended text is shown on pages eight and nine of the handout. Supervisor Gross reiterated that the existing plan language does not change, that this is just an option. Supervisor Mendelsohn seconded the motion and it carried by a vote of seven, Supervisor Hudgins, Supervisor Hyland, and Chairman Hanley being out of the room.

106. 7 P.M. – PH ON PROPOSED AREA PLANS REVIEW (APR) ITEM 02-II-3F, LOCATED ON LEGATO ROAD (SPRINGFIELD DISTRICT) (Tape 12)

A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 14 and October 21, 2002.

Following the public hearing, which included testimony by one speaker, Alison Kriviskey, Planner III, Planning Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.

Supervisor McConnell moved approval of the Planning Commission recommendation for APR Item 02-II-3F, as shown in Attachment III of the Board Agenda Item dated October 28, 2002. The Planning Commission recommendation supports the staff and task force alternative as found on pages one through three of the handout. The proposed amendment provides two choices, either for the church to expand on site or for a future property owner to develop the site with office use, should the church choose to relocate elsewhere. The proposed amendment also revises the boundaries in the Fairfax Center Area for Sub-Units J2 and J3 so that all the church-owned property is in Sub-Unit J3. Supervisor Frey seconded the motion and it carried by a vote of six, Supervisor Connolly, Supervisor Hudgins, Supervisor Hyland, and Chairman Hanley being out of the room.

107. 7 P.M. – PH ON PROPOSED AREA PLANS REVIEW (APR) ITEM 02-III-2BR, LOCATED IN THE LINCOLN-LEWIS-VANNOY CONSERVATION AREA (SPRINGFIELD DISTRICT) (Tape 12)

A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 14 and October 21, 2002.

Following the public hearing, which included testimony by one speaker, Alison Kriviskey, Planner III, Planning Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.

Supervisor McConnell moved approval of the Planning Commission recommendation for APR Item 02-III-2BR, as shown in Attachment III of the Board Agenda Item and on pages 4 through 5 of the handout dated October 28, 2002. For Tax Map 66-2 ((1)) 11, 12, 13, and 14, this alternative supports residential use at one to two dwelling unit per acre, as shown on the Plan Map, if stipulated conditions are met. The Planning Commission alternative is essentially the same as the task force and staff recommendations, but includes additional conditions. One condition concerns mitigation impacts on adjacent properties to the east, including impacts on wells. Another condition concerns the provision of road access through the subject property to Braddock Road for the adjacent properties to the east. Supervisor Bulova seconded the motion and it carried by a vote of six, Supervisor Connolly, Supervisor Hudgins, Supervisor Hyland, and Chairman Hanley being out of the room.

108. 7 P.M. – PH ON PROPOSED AREA PLANS REVIEW (APR) ITEM 02-III-1P, LOCATED AT LEE CHAPEL ROAD AND BRITFORD DRIVE (SPRINGFIELD DISTRICT) (Tape 12)

A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 14 and October 21, 2002.

Following the public hearing, Alison Kriviskey, Planner III, Planning Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.

Supervisor McConnell moved approval of the Planning Commission recommendation for APR Item 02-III-1P, as shown on page six of the handout dated October 28, 2002. This alternative recommendation is the same as the Planning Commission version except that the last bullet about tree preservation has been revised. The amendment, supported by the task force and staff, provides an option for residential use at four to five dwelling units per acre with conditions regarding tree preservation, parking, landscaping, and mitigating the effects of land disturbing activities on the adjacent Britford Community. Supervisor Bulova seconded the motion and it carried by a vote of six, Supervisor Connolly, Supervisor Hudgins, Supervisor Hyland, and Chairman Hanley being out of the room.

109. BOARD ADJOURNMENT (Tape 12)

At 8 p.m., the Board adjourned.