REPORT OF ACTIONS OF THE
MONDAY
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).
19-03
PW:pw
The meeting was called to order
at
Supervisor Mendelsohn arrived at
Others present were Anthony H. Griffin, County Executive; David P. Bobzien, County Attorney; Catherine A. Chianese, 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. WELCOME TO MR. J. WALTER TEJADA (Tape 1)
Chairman Hanley recognized the presence of Arlington County Board Member J. Walter Tejada and welcomed him to the Board Auditorium.
2. ORDERS OF THE DAY (Tape
1)
Chairman Hanley
announced that there would be a change in the Orders of the Day and that Items
Presented by the
(NOTE: Later in the meeting, the Items Presented by
the
3. ANNOUNCEMENT OF CHANNEL 16 LIVE (Tape 1)
Chairman Hanley announced that the County initiated Channel 16 live video streaming of all Channel 16 programming on the Internet, including live broadcasts of the Board of Supervisors' meetings.
(NOTE: Later in the meeting, the Board considered Information Item I-5 – Channel 16 to Video Stream Signal.)
4. MOMENT OF SILENCE (Tape 1)
Chairman Hanley asked everyone to continue to keep in thoughts and prayers those who defend the country, at home and around the world, and the families that support them.
Supervisor Gross also asked everyone to keep in thoughts and prayers the family of Ms. Andrea Ley Hutson who recently died. Ms. Hutson was a former Fairfax County employee, was instrumental in the founding of Barrios Unidos/United Neighborhoods, Incorporated, an organization committed to fighting street violence, and continued her work with the USDA Army/Air Force Youth Project.
Supervisor Hyland also asked everyone to keep in thoughts and prayers the families of two Waynewood Community residents, Colonial Ed Smith and Judge Arch Royall, who recently died.
Supervisor Hyland also asked everyone to keep in thoughts and prayers the family of Mr. Rufus Wright, who recently died.
5. CERTIFICATE OF RECOGNITION PRESENTED TO MR. MICHAEL BUTTERS (Tape 1)
Supervisor Bulova moved approval of the Certificate of Recognition presented to Mr. Michael Butters for being named AAA Mid-Atlantic 2003 Outstanding School Safety Patrol. Supervisor McConnell seconded the motion and it carried by a vote of nine, Supervisor Mendelsohn not yet having arrived.
6. CERTIFICATE OF RECOGNITION FOR CITIZENS
AND DEVELOPERS WHO MADE PROPERTIES FOR TRAINING AVAILABLE TO FAIRFAX COUNTY
PUBLIC SAFETY (Tape 1)
Chairman Hanley
announced that the presentation of this certificate will be rescheduled for
a later date.
7. RESOLUTION OF RECOGNITION PRESENTED TO
THE
Supervisor Hudgins
moved approval of the Resolution of Recognition presented to the Vienna Volunteer
Fire Department for 100 years of service to the citizens of the Town of
(NOTE: Later in the meeting, the Board took action regarding the Vienna Volunteer Fire Department. See Clerk's Summary Item CL#75.)
8. PROCLAMATION DECLARING SEPTEMBER 15 –
Chairman Hanley
relinquished the Chair to Vice-Chairman Hyland and moved approval of the Proclamation
to declare September 15 –
9. PROCLAMATION DECLARING OCTOBER 2003 AS
"COMBINED CHARITABLE CAMPAIGN MONTH"
IN
Chairman Hanley
moved approval of the Proclamation to declare October 2003 as "Combined Charitable Campaign Month"
in
10. PROCLAMATION DECLARING
Chairman Hanley
moved approval of the Proclamation to declare
Vice-Chairman Hyland returned the gavel to Chairman Hanley.
11.
General J.R. “Jack”
Dailey, Director, Smithsonian Institutional National Air and
A brief discussion ensued.
NV:nv/PMH:pmh
12. 10:15 A.M. – PH ON ADOPTION OF AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 4 (TAXATION AND FINANCE), TO INCREASE THE ELIGIBILITY REQUIREMENT FOR REAL PROPERTY TAX AND RELIEF TO CERTAIN ELDERLY AND DISABLED PERSONS AND PH ON THE COUNTY AND SCHOOLS’ FISCAL YEAR (FY) 2003 CARRYOVER REVIEW TO AMEND THE APPROPRIATION LEVEL IN THE FY 2004 REVISED BUDGET PLAN (Tapes 3–5)
A Certificate of Publication was filed from the editor of the Washington Times showing that notice of the public hearing regarding the proposed amendments to the Code of the County of Fairfax, Chapter 4 (Taxation and Finance), to increase the eligibility requirement for real property tax and relief to certain elderly and disabled persons was duly advertised in that newspaper in the issues of August 28 and September 4, 2003.
A Certificate of Publication was filed from the editor of the Washington Times showing that notice of the public hearing on the County and Schools’ FY 2003 Carryover Review to amend the appropriation level in the FY 2004 Revised Budget Plan was duly advertised in that newspaper in the issue of September 4, 2003.
Susan Datta, Director, Department of Management and Budget, and Michael H. Long, Senior Assistant County Attorney, presented opening statements.
Following the
testimony of Joan Bliss, Treasurer, Great Falls Volunteer Fire (VFD) Department (Speaker 5), Chairman Hanley announced that
Supervisor Mendelsohn was not present because he was in
Chairman Hanley
noted that the Great Falls Volunteer Fire Department is planning construction
of a new facility to replace the existing fire station that was built in 1961
and has become inadequate for the growing needs of the
Chairman Hanley relinquished the Chair to Vice-Chairman Hyland and, on behalf of Supervisor Mendelsohn, asked unanimous consent that this matter be referred to the County Executive for exploration of the feasibility of this public-private funding mechanism and that the County Executive report his findings as soon as possible to enable the VFD to proceed with fundraising at the earliest possible opportunity. Without objection, it was so ordered.
Vice-Chairman Hyland returned the gavel to Chairman Hanley.
Following the testimony of Brenda Otis, Representative, Employee Child Care Council (Speaker 12), there was a brief discussion, with input from Ms. Datta.
(Tape 4)
Following the testimony of Dave Redman, Chairman, Fairfax-Falls Church Community Services Board (Speaker 19), discussion ensued with input from Ms. Datta and Mr. Redman.
(Tape 5)
Chairman Hanley closed the public hearing, which included testimony by 42 speakers, but left the written record open.
(NOTE: Later in the meeting, the Board took action on this item. See Clerk's Summary Item CL#17.)
13. ORDERS OF THE DAY (Tape 5)
Chairman Hanley
announced that the Board would recess to attend the 9-11 Memorial Grove Garden
Dedication at
(NOTE: Later in the meeting, the Board changed the Orders of the Day. See Clerk's Summary Item CL#18.)
14. RECESS (Tape 5)
At
ADDITIONAL BOARD MATTERS
15. EXPRESSION OF APPRECIATION TO OFFICE OF PUBLIC AFFAIRS (Tape 5)
On behalf of the Board, Chairman Hanley expressed appreciation to Merni Fitzgerald, Director, Office of Public Affairs, and her entire office for organizing the 9-11 Memorial Grove Garden Dedication.
16. PUBLIC HEARING DEFERRALS (Tape 5)
Supervisor Mendelsohn
announced his intent to defer decision on the Creation of a Small Sanitary District
for Refuse Collection Services (Dranesville District) until
Supervisor Frey
announced his intent to defer, at the appropriate time later in the meeting,
the public hearings for Rezoning Applications RZ 2003-SU-005 and RZ 2003-SU-028
until
Supervisor Hyland
announced his intent to defer, at the appropriate time later in the meeting,
decision on Rezoning Application RZ 2002-MV-037 until
(NOTE: Later in the meeting these public hearings were formally deferred. See Clerk's Summary Items CL#37, CL#39, and CL#44.)
AGENDA ITEMS
17. BOARD DECISION ON THE ADOPTION OF AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 4 (TAXATION AND FINANCE), TO INCREASE THE ELIGIBILITY REQUIREMENT FOR REAL PROPERTY TAX AND RELIEF TO CERTAIN ELDERLY AND DISABLED PERSONS AND THE COUNTY AND SCHOOLS’ FISCAL YEAR (FY) 2003 CARRYOVER REVIEW TO AMEND THE APPROPRIATION LEVEL IN THE FY 2004 REVISED BUDGET PLAN (Tapes 5-6)
(NOTE: Earlier in the meeting, the Board held the public hearing. See Clerk's Summary Item CL#12.)
Following the inclusion of items for the record, Chairman Hanley closed the public hearing.
Following a statement, Supervisor Bulova moved approval of Supplemental Appropriation Resolution (SAR) AS 04024 and Amendment to the Fiscal Planning Resolution (FPR) AS 04901 (which includes the revenue, expenditure and transfer adjustments and grant awards and adjustments contained in the County and Schools’ Carryover Review) and the Budget Chairman’s recommended adjustments to the Carryover package. This action results in a balance of $4.1 million. Chairman Hanley seconded the motion.
Following discussion,
with input from Anthony H. Griffin,
Further discussion ensued with input from Robert A. Stalzer, Deputy County Executive, regarding the public safety center.
Following discussion, with input from Susan Datta, Director, Department of Management and Budget, Supervisor Connolly moved to amend the motion to increase the asset threshold from the current $160,000 to $240,000 (State ceiling) for tax relief for senior citizens and disabled persons. Supervisor Hudgins seconded the motion.
Following discussion, with input from Ms. Datta, the question was called on the amendment to the motion, and it FAILED by a recorded vote of five, Supervisor Connolly, Supervisor Hudgins, Supervisor Hyland, Supervisor McConnell, and Chairman Hanley voting “AYE.”
Supervisor McConnell
moved to amend the motion that the Board direct the
Supervisor Connolly
asked to amend the motion to direct the
Following discussion, with input from Verdia Haywood, Deputy County Executive, the question was called on the main motion, as amended, and it CARRIED by a recorded vote of eight, Supervisor Bulova, Supervisor Connolly, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor McConnell, and Chairman Hanley, voting "AYE," Supervisor Frey and Supervisor Mendelsohn voting "NAY."
Supervisor Bulova moved that the Board direct:
· The Department of Management and Budget and the Fairfax-Falls Church Community Services Board (CSB) to identify an appropriate position to handle the psychiatrist duties administratively.
· Staff to report with information at the Board meeting scheduled for September 29, regarding the balance in the CSB fund and how it may be able to be used to offset some of the funding issues noted this morning.
Supervisor Hyland seconded the motion.
Following discussion, the question was called on the motion, and it carried by unanimous vote.
Supervisor Bulova moved adoption of the proposed amendments to the Code of the County of Fairfax, Chapter 4 (Taxation and Finance), Section 4-14-2, that would increase the net combined financial worth eligibility requirement for tax relief for the elderly and disabled persons from $160,000 to $190,000. Supervisor Connolly seconded the motion 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."
Supervisor Bulova moved approval of the transfer of 40 percent of the Available Balance or $1.62 million to the Revenue Stabilization Fund. Supervisor Hyland seconded the motion.
Following discussion, the question was called on the motion and it carried by unanimous vote.
Supervisor Bulova moved approval of the transfer of an additional $2.4 million to the Schools. The balance after this adjustment is $0. Supervisor Connolly seconded the motion.
Following discussion, the question was called on the motion and it carried by unanimous vote.
Supervisor Bulova moved approval of adjusting the Managed Reserve to maintain the reserve at two percent of total disbursements based on actions taken by the Board as part of the Carryover Review. Supervisor Connolly seconded the motion and it carried by unanimous vote.
18. ORDERS OF THE DAY (Tape 6)
Chairman Hanley
announced that the Board would proceed with the items presented by the
SBE:sbe
19. ADMINISTRATIVE ITEMS (Tape 7)
Supervisor Connolly moved approval of the Administrative Items. Supervisor Hudgins seconded the motion.
Supervisor
Connolly called the Board’s attention to Admin 2 – Supplemental Appropriation
Resolution AS 04031 for the Office of Partnerships to Accept Grant Funding from
Project Discovery of Virginia, Incorporated, and a brief discussion ensued.
Chairman Hanley called the Board’s attention to:
·
Admin 16 – Supplemental Appropriation Resolution (SAR) AS 04033 for the Continuation
of the Ongoing Federal Early Head Start Program Grant within the Department
of Family Services/Office for Children
· Admin 18 – Supplement Appropriation Resolution SAR AS 04032 for the Continuation of the Ongoing Federal Head Start Program Grant within the Department of Family Services/Office for Children
and discussion ensued with input from Dana W. Paige, Director, Department of Family Services.
Supervisor Connolly called the Board’s attention to Admin 1 – Board of Supervisors’ Meeting Schedule for Calendar Year 2004 and pointed out, for the record, that there are two meetings in September and one each in October, November, and December.
The question
was called on the motion, which carried by a vote of nine, Supervisor Bulova,
Supervisor Connolly, Supervisor Frey, Supervisor Gross, Supervisor Hudgins,
Supervisor Hyland, Supervisor Kauffman, Supervisor Mendelsohn, and Chairman
Hanley voting “AYE,” Supervisor McConnell
being out of the room.
ADMIN
1 – BOARD OF SUPERVISORS’ MEETING SCHEDULE FOR CALENDAR YEAR 2004
(NOTE: Earlier
in the meeting, there was a brief discussion of this item. See above.)
Approved the meeting schedule for January through December 2004.
ADMIN 2 – SUPPLEMENTAL APPROPRIATION RESOLUTION
(SAR) AS 04031 FOR THE OFFICE OF PARTNERSHIPS TO ACCEPT GRANT FUNDING FROM PROJECT
DISCOVERY OF
(NOTE: Earlier in the meeting, there was a brief discussion
of this item. See page 8.)
Approved
ADMIN 3 – SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 04028 FOR THE FAIRFAX COUNTY JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT (JDRC) TO ACCEPT GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES (DCJS) TO CONTINUE THE YOUNG OFFENDER PROGRAM
Approved
ADMIN 4
– ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION APPLICATION
SE 00-V-033, WILLIAM V.
Approved six months
of additional time to commence construction for Special Exception Application
SE 00-V-033, to
ADMIN 5 – EXTENSION OF REVIEW PERIODS FOR PUBLIC FACILITY 2232 REVIEW APPLICATIONS (HUNTER MILL, MASON, AND SPRINGFIELD DISTRICTS)
Authorized the extension of review periods for the following Public Facility (2232) Review Applications to the dates noted:
·
Application 2232-M03-11 to
·
Application FS-S03-23 to
·
Application FS-H03-24 to
ADMIN 6 – SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 04030 FOR THE FAIRFAX COUNTY POLICE DEPARTMENT (FCPD) TO ACCEPT VIRGINIA DEPARTMENT OF STATE POLICE GRANT FUNDING FOR A HELP ELIMINATE AUTO THEFT PROGRAM
Approved
ADMIN 7
– AUTHORIZATION FOR THE FAIRFAX COUNTY POLICE DEPARTMENT (FCPD) TO APPLY TO
THE DEPARTMENT OF JUSTICE (DOJ) ASSISTANCE FOR A GRANT UNDER THE LOCAL LAW ENFORCEMENT
BLOCK GRANT (LLEBG) PROGRAM
Authorized the FCPD to apply for LLEBG funding from DOJ in the amount of $105,554. Of this total, $94,999 is from LLEBG, while the remaining $10,555 is the required local cash match.
ADMIN
8 – AUTHORIZATION TO ADVERTISE PUBLIC HEARINGS ON PROPOSED AMENDMENTS TO THE
CODE OF THE
Adopted the Resolution authorizing the advertisement of public hearings to be held before the Planning Commission on November 12, 2003, and before the Board on December 8, 2003, at 3:30 p.m. to consider proposed amendments to the Code of the County of Fairfax, Chapter 112 (Zoning Ordinance) regarding editorial and other minor revisions.
ADMIN
9 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE
CODE OF THE COUNTY OF FAIRFAX, CHAPTER 82 (MOTOR VEHICLES AND TRAFFIC), APPENDIX
G, EXPANDING THE WEST SPRINGFIELD RESIDENTIAL PERMIT PARKING DISTRICT (RPPD),
DISTRICT 7 (SPRINGFIELD DISTRICT)
(A) Authorized
the advertisement of a public hearing to be held before the Board on
ADMIN 10 – INSTALLATION OF A MULTI-WAY
STOP AT COOL SPRING DRIVE AND
· Endorsed the installation of multi-way stops as part of the Fairfax County Department of Transportation's Residential Traffic Administration Program at the following locations:
·
·
· Directed staff to request the Virginia Department of Transportation install the necessary signs at the earliest possible date.
ADMIN 11 – INSTALLATION OF “NO PARKING”
SIGNS ON ROSEMARY LANE, SOUTH SIDE, FROM
(R) Adopted the
Resolution authorizing the installation of “No Parking” signs on
ADMIN
12 – RECOMMENDATION OF STREETS TO BE CONSIDERED FOR TRAFFIC-CALMING MEASURES
AS PART OF THE RESIDENTIAL TRAFFIC ADMINISTRATION PROGRAM (R-TAP) (
· Endorsed the following streets to be considered for traffic-calming measures as part of R-TAP:
·
·
Bren Mar Drive (
·
Juniper Lane (
·
·
·
·
·
·
US Route
·
·
·
Old
·
·
·
· Directed staff to request the Virginia Department of Transportation to develop traffic-calming plans in conjunction with each community, as soon as possible.
ADMIN
13 – APPROVAL OF TRAFFIC-CALMING MEASURES FOR
·
Endorsed the traffic calming plan for
·
One speed hump adjacent to 1725 and
·
One speed hump adjacent to 1745 and
·
One speed hump adjacent to 1775 and
· Directed staff to request VDOT to install the approved measures as soon as possible.
ADMIN
14 – APPROVAL OF TRAFFIC-CALMING MEASURES FOR EL JAMES DRIVE AS PART OF
THE FAIRFAX COUNTY DEPARTMENT OF TRANSPORTATION (DOT) RESIDENTIAL TRAFFIC ADMINISTRATION
PROGRAM (BRADDOCK DISTRICT)
·
Endorsed the traffic calming plan for
·
One speed hump adjacent to 9260 and
·
One speed hump adjacent to 9232 and
· Directed staff to request VDOT to install the approved measures as soon as possible.
ADMIN 15 – RESOLUTION TO INSTALL “WATCH
FOR CHILDREN” SIGNS ON RIVERSCAPE RUN (DRANESVILLE DISTRICT),
|
(R) |
·
Adopted the Resolution endorsing the installation of · Riverscape Run (Dranesville District)
·
·
|
|
|
· Directed staff to request the Virginia Department of Transportation install the necessary signs at the earliest possible date. |
ADMIN 16 – SUPPLEMENTAL APPROPRIATION RESOLUTION
(SAR) AS 04033 FOR THE CONTINUATION OF THE ONGOING FEDERAL EARLY HEAD START
PROGRAM GRANT WITHIN THE DEPARTMENT OF FAMILY SERVICES/OFFICE FOR CHILDREN
(SAR) (NOTE: Earlier in the meeting, there was a brief discussion
of this item. See page 8.)
Approved
ADMIN 17
– APPOINTMENT OF
(APPT) Confirmed the appointment of Ms. Ellie Barnes, Director, Office of Student Services of FCPS, as a FCPS Representative to the CPMT.
ADMIN 18 – SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 04032 FOR THE CONTINUATION OF THE ONGOING FEDERAL HEAD START PROGRAM GRANT WITHIN THE DEPARTMENT OF FAMILY SERVICES/OFFICE FOR CHILDREN
(SAR) (NOTE: Earlier in the meeting, there was a brief discussion of this item. See page 8.)
Approved
ADMIN 19 – BOARD AUTHORIZATION OF THE DISTRIBUTION OF AN INFORMATION STATEMENT ON THE NOVEMBER REFERENDUM ON THE ISSUANCE OF COUNTY BONDS IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $290,610,000 FOR IMPROVEMENTS TO THE FAIRFAX COUNTY PUBLIC SCHOOLS (FCPS)
Authorized staff
to print and distribute an explanatory statement concerning the forthcoming
referendum on whether the County can issue bonds for the improvement of the
facilities of the FCPS, as contained in the Board Agenda Item dated
ADMIN 20
– AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON SPOT BLIGHT ABATEMENT ORDINANCE
FOR
(A) Authorized the advertisement of a public hearing to be held before the Board on October 20, 2003, at 5 p.m. to consider adoption of a Spot Blight Abatement Ordinance for 9005 Backlick Road, Fort Belvoir [Tax Map Number 109-1-((01))-0022].
ADMIN 21 – AUTHORIZATION FOR THE FIRE AND RESCUE DEPARTMENT (FRD) TO APPLY TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR GRANT FUNDS TO CONTINUE PARTICIPATION IN THE NATIONAL URBAN SEARCH AND RESCUE (US&R) RESPONSE SYSTEM
Authorized FRD to apply for US&R funds from FEMA in the amount of $1,154,400 to continue participation in the US&R as Virginia Task Force 1. No local cash match is required.
20. A-1 –
(BONDS)
(R) Supervisor Hudgins moved that the Board concur in the recommendation of staff and adopt the Resolution authorizing the issuance of the EDA Transportation Contract Revenue Bonds (Route 28 Project) which authorizes the following actions:
· Requests the EDA to issue the refunding bonds.
· Approves the form of the Fiscal Agent Agreement, including the selection of Wachovia Bank as the Fiscal Agent.
· Approves the form of the Trust Agreement.
· Approves the form of the First Supplemental Trust Agreement.
· Approves the form of the Bond Purchase Agreement.
· Approves the form of the Preliminary Official Statement and the Notice of Sale.
· Approves the form of the Continuing Disclosure Agreement.
·
Authorizes the execution and delivery of the documents and authorizes the Chairman,
Vice-Chairman,
A brief discussion ensued with input from Leonard P. Wales, Assistant Director, Department of Management and Budget.
Supervisor Frey seconded the motion 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.”
21. A-2 – AUTHORIZATION TO PUBLISH DELINQUENT REAL ESTATE, PERSONAL PROPERTY, AND BUSINESS, PROFESSIONAL, AND OCCUPATIONAL LICENSES (BPOL) DELINQUENCY LIST FOR TAX YEAR 2002 (FISCAL YEAR 2003) (Tape 7)
Supervisor Hyland moved that the Board concur in the recommendation of staff and:
· Authorize staff to publish lists of delinquent real estate, personal property, and BPOL taxes.
· Direct staff to return the lists of Tax Year 2002 delinquent taxes to the Department of Tax Administration (DTA) to continue collection of taxes as provided by law.
Supervisor Bulova
seconded the motion.
Following discussion,
with input from Kevin C. Greenlief, Director, DTA,
the question was called on the motion and it CARRIED by a recorded vote of seven, Supervisor Connolly, Supervisor
McConnell, and Supervisor Mendelsohn voting “NAY.”
22. A-3 – REVISIONS TO PERSONAL REGULATIONS IMPLEMENTING THE DEFERRED RETIREMENT OPTION PROGRAM (DROP) (Tape 7)
On motion of Supervisor Gross, jointly seconded by Supervisor Hyland and Supervisor Mendelsohn, and carried by unanimous vote, the Board concurred in the recommendation of staff and approved the proposed revisions to Chapters 2, 4, and 10 of the Personnel Regulations which implements the DROP.
23. A-4 – AUTHORIZATION TO REALLOCATE AND AUTHORIZE DISBURSEMENT OF UP TO $50,000 IN TIER TWO REDEVELOPMENT FUNDS FROM THE AFFORDABLE HOUSING PARTNERSHIP PROGRAM FUND OF THE HOUSING TRUST FUND AS A LOAN TO THE ISLAND WALK LIMITED PARTNERSHIP (HUNTER MILL DISTRICT) (Tape 7)
On motion of Supervisor Hudgins, seconded by Supervisor Connolly, and carried by unanimous vote, the Board concurred in the recommendation of staff and authorized the reallocation and the disbursement of up to $50,000 from the Affordable Housing Partnership Program funds within Fund 144, Housing Trust Fund, for the purpose of conducting studies for the acquisition and rehabilitation of up to 102 rental units.
24. A-5 – APPROVAL OF CONDITIONS NECESSARY FOR FAIRFAX COUNTY TO ACCEPT A JOB ACCESS/REVERSE COMMUTE GRANT FOR PEDESTRIAN ACCESS IMPROVEMENTS IN THE TYSONS CORNER AREA (PROVIDENCE AND HUNTER MILL DISTRICTS) (Tape 7)
Supervisor Connolly moved that the Board concur in the recommendation of staff and:
· Approve an amendment to the County's agreement with the Fairfax County Economic Development Authority (EDA), specifically related to labor protection requirements associated with Federal Transit Administration grants, to add Amalgamated Transit Union Local 1708 to the existing protections (also known as the 1990 Fairfax County/Fairfax EDA, Park-and-Ride Lots Arrangements) for the projects to be funded by this grant.
· Approve a $498,900 local cash match consisting of $398,900 in developer contributions in Project 009911, Tysons Corner Reserve, within Fund 301, Contributed Roadway Improvement Fund, and the balance in general obligation bonds approved by the voters for transportation purposes.
Supervisor Bulova seconded the motion and it carried by unanimous vote.
Supervisor Connolly credited Delegate James Scott with spearheading HJR276 relating to this project.
Chairman Hanley expressed appreciation to former Senator Charles ("Chuck") Robb for his efforts.
25. I-1 –
COUNTY
The Board next
considered an item contained in the Board Agenda dated
Following discussion,
with input from Anthony H. Griffin,
26. I-2 – STAFFING ISSUES AND THEIR EFFECT ON SERVICE LAG TIMES IN THE FIRE AND RESCUE DEPARTMENT'S (FRD) FIRE PREVENTION DIVISION (Tape 7)
The Board next
considered an item contained in the Board Agenda dated
Following discussion, with input from Michael Neuhard, Chief, FRD, the staff was directed administratively to proceed as proposed.
27. I-3 – FOLLOW-UP EVALUATION FOR TRAFFIC-CALMING MEASURES INSTALLED AS PART OF THE RESIDENTIAL TRAFFIC ADMINISTRATION PROGRAM (R-TAP) (Tape 7)
The Board next
considered an item contained in the Board Agenda dated
28. I-4 – FISCAL YEAR (FY) 2005 REGIONAL SURFACE TRANSPORTATION PROGRAM AND CONGESTION MITIGATION AND AIR QUALITY PROGRAM PROJECTS (Tape 7)
The Board next
considered an item contained in the Board Agenda dated
· Endorsement of the FY 2005 Regional Surface Transportation Program and Congestion Mitigation and Air Quality Program Projects.
· Approval to pursue funding for FY 2005.
Following discussion, with input from Thomas P. Biesiadny, Chief, Department of Transportation, the staff was directed administratively to proceed as proposed.
29. I-5 – CHANNEL 16 TO VIDEO STREAM SIGNAL (Tape 7)
(NOTE: Earlier in the meeting, the Board acknowledged this item. See Clerk’s Summary Item CL#3.)
The Board next
considered an item contained in the Board Agenda dated
A brief discussion
ensued.
DS:ds
30.
Supervisor Mendelsohn
moved to defer decision on the Creation of a Small Sanitary District for refuse
collection service within the Dranesville District until
31. 3 P.M.
– BOARD DECISION ON SPECIAL EXCEPTION APPLICATION SE 2002-MA-034 (TEO CHEW ASSOCIATION
OF GREATER
(NOTE: At its
The application
property is located at
Supervisor Gross moved:
·
Approval of Special Exception Application SE 2002-MA-034, subject to the proposed
development conditions dated
· Modifications of the transitional screening and barrier requirements, as shown on the special exception plat, and as conditioned.
Supervisor Hyland seconded the motion and it carried by a vote of six, Supervisor Bulova, Supervisor Connolly, Supervisor Frey, and Supervisor Mendelsohn being out of the room.
32.
(O) (NOTE: At its
The application property is located on the south side of Ridge Lane, approximately 300 feet west of its intersection with Sunny Creek Court, Tax Map 28-4 ((4)) 7 and 8.
Supervisor Hudgins
moved amendment of the Zoning Ordinance, as it applies to the property which
is the subject of Rezoning Application RZ 2002-HM-041, from the R-1 District
to the R-3 District, subject to the proffers dated
Supervisor Hudgins moved:
· Waiver of the minimum district size for a cluster subdivision pursuant to Section 9-610 of the Zoning Ordinance.
· Modification of the open space requirement for cluster subdivisions to allow an open space width of less than 50 feet and less than an acre, as shown on the Generalized Development Plan (GDP), pursuant to paragraph 4 of Section 3-309 of the Zoning Ordinance.
· Direction to the Department of Public Works and Environmental Services (DPWES) to approve a modification of the maximum number of pipestem lots permitted from 20 percent to 40 percent, as shown on the GDP.
Supervisor Hyland seconded the motion and it carried by a vote of six, Supervisor Bulova, Supervisor Connolly, Supervisor Frey, and Supervisor Mendelsohn being out of the room.
Supervisor Hudgins
moved that the Board direct DPWES to perform routine
maintenance checks on both the sewer facilities located off
(NOTE: Later in the meeting, the Board reconsidered this item. See Clerk's Summary Item CL#41.)
33. 3:30 P.M. – PH ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 82 (MOTOR VEHICLES AND TRAFFIC), ARTICLE 82-5B, REGARDING PROHIBITION AGAINST PARKING WATERCRAFT, BOAT TRAILERS, MOTOR HOMES, AND CAMPING TRAILERS IN CERTAIN AREAS (Tapes 8-9)
(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 August 28 and September 4, 2003.
Discussion ensued with input from Paul Mounier, Transportation Planner, Highway Operations Division, Department of Transportation (DOT).
The public hearing was held, which included testimony by 21 speakers, and input from Pamela K. Pelto, Assistant County Attorney; Bruce Taylor, Transportation Planner, Traffic Operations Section, DOT; and Ellen Gallagher, Chief, Traffic Operations Section, DOT.
Supervisor Bulova moved adoption of the proposed amendments to the Code of the County of Fairfax, Chapter 82 (Motor Vehicles and Traffic), Article 5B, regarding prohibition against parking watercraft, boat trailers, motor homes, and camping trailers in certain areas, to incorporate changes in the Code of Virginia, and other amendments as set forth in Attachment II of the Board Agenda Item dated September 15, 2003. Supervisor Connolly and Supervisor McConnell jointly seconded the motion and it carried by a 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 being out of the room.
Supervisor Bulova
moved that the Board direct staff to review the issue of the 75 percent
majority and report with information regarding making changes and looking at
where other models are used in
Supervisor Connolly asked to amend the motion to direct staff to report with information analyzing the impact of the change. This was accepted.
Following discussion, the question was called on the motion, as amended, and it carried by a vote of eight, Supervisor McConnell and Supervisor Mendelsohn being out of the room.
Supervisor Frey moved that the Board direct staff to include specific language on the petition forms regarding the location of the signage.
Following discussion, with input from Ms. Pelto, Supervisor Bulova seconded the motion, and it carried by a vote of seven, Supervisor Connolly, Supervisor McConnell, and Supervisor Mendelsohn being out of the room.
DMB:dmb
34. 3:30 P.M. – PH ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, APPENDIX M, ESTABLISHING THE RIVERVIEW RESTRICTED PARKING DISTRICT (RPD) (MOUNT VERNON DISTRICT) (Tape 10)
(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 August 28 and September 4, 2003.
Following the public hearing, which included testimony by five speakers, Supervisor Hyland asked unanimous consent that the Board direct staff to review the electronic version of the County's Weekly Agenda and address a method whereby County residents can access a review of a schedule of upcoming events around the County, and not just be referred to a website. Without objection, it was so ordered.
Supervisor Hyland moved adoption of the proposed amendments to the Code of the County of Fairfax, Appendix M, as shown in Attachment 2 of the Board Agenda Item dated September 15, 2003, establishing the Riverview RPD, District 8, in accordance with the current RPD restrictions and to include the Code change adopted earlier by the Board (See Clerk's Summary Item CL#33). The expanded RPD restrictions encompass the following streets:
· 10th Street from Belle Haven Road to I Street
·
Boulevard View from
·
·
I Street from
·
Old
Supervisor Kauffman seconded the motion.
Supervisor Hyland noted that, although the computerized map that some members of the community have accessed indicated that only one side of I Street is covered, the amendment covers both sides of that street.
Following discussion, with input from Pamela K. Pelto, Assistant County Attorney, the question was called on the motion, and it carried by a vote of eight, Supervisor Bulova, Supervisor Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor Mendelsohn, and Chairman Hanley voting "AYE," Supervisor Connolly and Supervisor McConnell being out of the room.
35. 3:30 P.M. – PH ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, APPENDIX M, ESTABLISHING THE SOUTHRUN RESTRICTED PARKING DISTRICT (RPD) (MOUNT VERNON DISTRICT) (Tape 10)
(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 August 28 and September 4, 2003.
Following the public hearing, which included testimony by two speakers, discussion ensued with input from Paul Mounier, Transportation Planner, Highway Operations Division, Department of Transportation, Supervisor Hyland moved adoption of the proposed amendments to the Code of the County of Fairfax, Appendix M, as shown in Attachment 2 of the Board Agenda Item dated September 15, 2003, establishing the Southrun RPD, District 9, in accordance with the current RPD restrictions, and to include the Code change adopted earlier by the Board (See Clerk's Summary Item CL#33). The proposed District encompasses Southrun Road from the western property line of parcels 98-3 (16))-A1 and 98-3 ((16))-B to the eastern property line of parcels 98‑3 ((16))-A and 98-3 ((16))-1 and the entire lengths of the following roads:
·
·
· Catia Lane
Supervisor Hudgins seconded the motion and it carried by a vote of seven, Supervisor Connolly, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland Supervisor Kauffman, Supervisor Mendelsohn, and Chairman Hanley voting "AYE," Supervisor Bulova, Supervisor Frey, and Supervisor McConnell being out of the room.
36. 3:30 P.M. – PH ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, APPENDIX M, ESTABLISHING THE LACKAWANNA RESTRICTED PARKING DISTRICT (RPD) (LEE DISTRICT) (Tape 10)
(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 August 28 and September 4, 2003.
Following the public hearing, which included testimony by one speaker, Supervisor Kauffman moved adoption of the proposed amendments to the Code of the County of Fairfax, Appendix M, establishing the Lackawanna RPD, District 10, encompassing the following streets:
·
The entire length of
·
· Laurel Creek Lane
Supervisor Connolly seconded the motion and it carried by a vote of seven, Supervisor Connolly, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor Mendelsohn, and Chairman Hanley voting "AYE," Supervisor Bulova, Supervisor Frey, and Supervisor McConnell being out of the room.
37.
Supervisor Frey
moved to defer the public hearing on Rezoning Application RZ 2003-SU-028
until
38.
The application property is located at 5931 Fort Drive, Tax Map 54-4 ((5)) 1A.
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.
Following the public hearing, Kris Abrahamson, Branch Chief, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.
Supervisor Frey moved approval of Special Exception Amendment Application SEA 93-Y-005-2, subject to the proffers dated September 11, 2003. Supervisor Hyland seconded the motion and it carried by a vote of nine, Supervisor McConnell being out of the room.
39.
Supervisor Frey
moved to defer the public hearing on Rezoning Application RZ 2003-SU-005,
until
40.
(O) Both properties
are located on the east side of
Rezoning Application RZ 2003-PR-014 is associated with Tax Map 48-2 ((7)) (34) 7.
Proffered Condition Amendment Application PCA 2002-PR-008 is associated with Tax Maps 48-2 ((7)) (33) 1, 2, 3, 7A, 9A, 10; 48-2 ((7)) (34) A, B, 1, 3, 5, 9, 11, 14, 16; 48-2 ((7)) (35) 2, 3, 4, and 48-2 ((7)) (36) 1.
Mr. Gregory A. Riegle reaffirmed the validity of the affidavit for the record.
Mr. Riegle 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:
· In excess of $200 from Mr. John Regan, Jr.
Following the public hearing, Cathy Lewis, Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.
Supervisor Connolly moved:
· Amendment of the Zoning Ordinance, as it applies to the property which is the subject of Rezoning Application RZ 2003-PR-014, from the R-1 and HC Districts to the PDH-5 and HC Districts, subject to the proffers dated August 19, 2003, and waiver of the minimum district size requirement of two acres for a PDH District for Rezoning Application RZ 2003-PR-014.
· Approval of Proffered Condition Amendment Application PCA 2002-PR-008, subject to the proffers dated August 19, 2003.
· Modification of the open space requirement from 31 percent to 23 percent for the PDH-5 District, per Paragraph 8 of Section 16‑401 of the Zoning Ordinance.
· Waiver of the 600-foot maximum length requirement for a private street.
Supervisor Bulova seconded the motion and it carried by a vote of nine, Supervisor Bulova, Supervisor Connolly, Supervisor Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor Mendelsohn, and Chairman Hanley voting "AYE," Supervisor McConnell being out of the room.
41. RECONSIDERATION OF BOARD DECISION ON REZONING APPLICATION RZ 2002‑HM-041
(
(NOTE: Earlier in the meeting, action on this item was taken. See Clerk’s Summary Item CL#32.)
Supervisor Hudgins moved that the Board reconsider its earlier decision on Rezoning Application RZ 2002‑HM-041. Supervisor Hyland seconded the motion and it carried by a vote of nine, Supervisor McConnell being out of the room.
Supervisor Hudgins said that the applicant has offered further clarification to the proffers and the Generalized Development Plan in two letters dated August 22, 2003, and September 15, 2003, respectively. To assist in the implementation of the rezoning, Supervisor Hudgins moved that those letters be formally incorporated in the Board's approval and the Clerk's letter. Chairman Hanley seconded the motion and it carried by a vote of eight, Supervisor Connolly and Supervisor McConnell being out of the room.
42.
(O) The application property is located on the east side of Cinder Bed Road, approximately 400 feet north of Hill Park Drive, Tax Map 99-2 ((1)) 29.
Mr. Gregory J. Budnik reaffirmed the validity of the affidavit for the record.
Mr. Budnik had filed the necessary notices showing that at least 25 adjacent and/or interested parties had been notified of the date and hour of this public hearing and he proceeded to present his case.
Following the public hearing, which included testimony by one speaker, Cathy Lewis, Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.
Supervisor Kauffman moved:
· Amendment of the Zoning Ordinance, as it applies to the property which is the subject of Rezoning Application RZ 2003-LE-015, from the R-1 District to the I-5 District, subject to the proffers dated August 14, 2003.
· Waiver of the transitional screening requirement along the northern and eastern property lines.
· Waiver of the trail requirement along Cinder Bed Road in favor of the five-foot wide concrete sidewalk shown on the Generalized Development Plan.
Supervisor Hyland seconded the motion and it carried by a vote of seven, Supervisor Bulova, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor Mendelsohn, and Chairman Hanley voting "AYE," Supervisor Connolly, Supervisor Frey, and Supervisor McConnell being out of the room.
43.
The application
property is located at
Ms. Roxanne N. Tomlinson reaffirmed the validity of the affidavit for the record.
Ms. Tomlinson 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.
Supervisor Gross disclosed that she represents the County on the Inova Healthcare Services Board.
Following the public hearing, Cathy Lewis, Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.
Supervisor Hyland moved:
·
Approval of
· Modification of the transitional screening requirement along the western property line to that shown on the SEA Plat.
· Waiver of the barrier requirement along the western property line.
Supervisor Kauffman seconded the motion and it carried by a vote of seven, Supervisor Connolly, Supervisor Frey, and Supervisor McConnell being out of the room.
44.
Supervisor Hyland
moved to defer the public hearing on Rezoning Application RZ 2002‑MV-037 until
45.
The application property is located on the west side of Beulah Street, north of the Franconia Springfield Parkway, Tax Map 91-1 ((1)) 11B2 and 23C; 91-1 ((28)) 1 and 2.
Mr. Carson L. Fifer, Jr. reaffirmed the validity of the affidavit for the record.
Mr. Fifer had filed the necessary notices showing that at least 25 adjacent and/or interested parties had been notified of the date and hour of this public hearing and he proceeded to present his case.
Supervisor Kauffman disclosed the following campaign contribution which he had received:
· In excess of $200 from Mr. B. Mark Fried and Ms. Barbara J. Fried
Supervisor Gross disclosed the following campaign contribution which she had received:
· In excess of $200 from Mr. B. Mark Fried and Ms. Barbara J. Fried
Chairman Hanley disclosed the following campaign contribution which she had received:
· In excess of $200 from Mr. Lee Stanley B. Levine
Following the public hearing, Peter Braham, Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.
Supervisor Kauffman moved:
· Approval of Proffered Condition Amendment Application PCA 1998-LE-048-2, subject to the proffers dated September 5, 2003.
· Modification of transitional screening yard requirement and barrier requirement along the southern and eastern boundaries and within Metro Park in favor of that shown on the Conceptual/Final Development Plan Amendment and referenced in the proffers.
· To grant a variance pursuant to Section 164-01 of the Zoning Ordinance to allow a seven foot tall wall in a front yard with regard to the proffered fence along the southern boundary.
Supervisor Bulova 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.
46. 4:30 P.M. – PH ON REZONING/FINAL DEVELOPMENT PLAN APPLICATION RZ 2002-SP-006/FDP 2002-SP-006 (ZIA U. HASSAN) (SPRINGFIELD DISTRICT) (Tapes 10-11)
The application property is located on the north of the east terminus of Moore Road, approximately 150 feet east of its intersection with Willow Valley Road, Tax Map 55-3 ((1)) 38.
Ms. Lynne J. Strobel reaffirmed the validity of the affidavit for the record.
Ms. Strobel had filed the necessary notices showing that at least 25 adjacent and/or interested parties had been notified of the date and hour of this public hearing and she proceeded to present her case.
Following the public hearing, which included testimony by three speakers, William Mayland, Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.
Following discussion, with input from Mr. Mayland, Supervisor McConnell moved denial of Rezoning/Final Development Plan Application RZ/FDP 2002‑SP-006 from the R-1 and WS Districts to the PDH-1 and WS Districts. Supervisor Frey seconded the motion and it carried by a 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 being out of the room.
47.
The application property is located on the west side of Forest Hills Drive, approximately 1,500 feet south of Lee Highway, Tax Map 56-4 ((15)) 30.
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.
Following the public hearing, Kris Abrahamson, Branch Chief, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.
Supervisor McConnell moved approval of Proffered Condition Amendment Application PCA 1999-SU-043, subject to the proffers dated September 2, 2003. Supervisor Bulova seconded the motion and it carried by unanimous vote.
48. RECESS/CLOSED SESSION (Tape 11)
At 6:05 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.
Deborah
Crone v.
2.
Board
of Supervisors v. Heron Pines, L.C., et al., At Law No. 215344 (
3.
4.
Carl
Jackson and Gloria Willingham v. Sgt. Douglas A. Crooke, et al., Civil Action No. 00-2053-A (E.D. Va.)
5.
Julia
Friday-Spivey v. Charles Lee Collier and Greater
6.
Fairfax
Coalition of Police, Local 5000, Scott Durham, et al. v. Fairfax County, Virginia,
and Fairfax County Police Department, Civil Action No. 03-1068-A (E.D. Va.)
7.
Metromedia
Fiber Network, Inc., et al. v. Virginia State Corporation Commission, Adversary Proceeding No. 02-05357; Metromedia Fiber Network, Inc., et al. v.
County of Fairfax, Adversary Proceeding No. 02-05358 (United States Bankruptcy
Court for the Southern District of
New York) (Hunter Mill, Providence, and Dranesville Districts)
8.
Convista,
Inc. v.
9.
Donald
H. Cochran, Joann A. Cochran, Dean Salman, Diane E. Salman, Wallace T. Sansone,
and Board of Supervisors of Fairfax County, Virginia v. Michael R. Bratti and
Fairfax County Board of Zoning Appeals, At Law No. 207043 (Fx. Co. Cir. Ct.), Record No. 030982 (Sup. Ct. Va.)
(Dranesville District)
10.
The
Board of Supervisors of
11.
Jane
W. Gwinn, Fairfax County Zoning Administrator v. Jimmie K. Walker and Margie
L. Walker, In Chancery No.
182748; Jimmie K. Walker and Margie L.
Walker v. Fairfax County Board of Supervisors and Fairfax County, At Law
No. 204529; and Jimmie K. Walker and Margie
L. Walker v. Fairfax County Board of Zoning Appeals, At Law No. 210396 (Fx.
Co. Cir. Ct.) (Lee District)
12.
Board
of Supervisors v. Governors Run, L.P., et al., At Law No. 201904 (
13.
William
E. Shoup,
14.
Ira
and Virginia Cox Limited Partnership, LLP, and Commonwealth Construction Management,
Inc., t/a Handyman Concrete v. Board of Zoning Appeals, et al., At Law No. 210690; William E. Shoup, Fairfax County Zoning Administrator v. Ira and Virginia
Cox Limited Partnership, LLP, In Chancery No. 183107 (Fx. Co. Cir. Ct.)
(Sully District)
15.
William
J. Taylor v. Stephen M. Farmer, Stephen M. Farmer, P.C., Penelope Ann Rood,
and Thomas Daines, At Law
No. 211840 (
16.
Board
of Supervisors v. Batman/McNair Associates, L.P., et al., At Law No. 198639 (
17.
Jane
W. Gwinn,
18.
William
E. Shoup,
19.
Jane
W. Gwinn, Fairfax County Zoning Administrator v. Susan C. Beck and Louis Kobus,
Jr., In Chancery No. 173551
(Fx. Co. Cir. Ct.) (Lee District)
20.
W.
Gwinn,
21.
William
E. Shoup,
22.
William
E. Shoup,
23.
Board
of Supervisors v. Summerville at Mount Vernon, Inc., et al., At Law No. 203058 (
24.
Board
of Supervisors v. EC Property, L.L.C., et al., At Law No. 204276 (
25.
County
of Fairfax, Virginia, v. Rukhsana Khalid, a/k/a Rukshana Khalid, Rashid Khalid,
GMAC Mortgage Corporation, and Specialized, Inc. of Virginia, In Chancery No. 185680 (Fx. Co. Cir. Ct.) (Braddock
District)
26.
Courtyard
Management Corporation v. Board of Supervisors of
27.
William
E. Shoup, Fairfax County Zoning Administrator v. Rosa M. Benitez, Civil Case No. 03-27002 (Fx. Co. Gen. Dist.
Ct.) (Lee District)
28.
Coalition
for Rural Conservation, Inc., Linda Clary, and Mary Jane McWilliams v. Fairfax
County Board of Zoning Appeals, At Law No. 213532 (Fx. Co. Cir. Ct.) (Springfield District)
And in addition:
Easements required for the development of 11284 Waples Mill
Road, project plan #0322-SD-01.
Tax on Local Mobile Telecommunications Services.
Lease Agreement Between Inova Health Systems
Foundation and Fairfax Hospital System, Incorporated, and the Board of Supervisors.
Supervisor
Bulova seconded the motion and it carried by unanimous vote.
NV:ds
At
ACTIONS FROM CLOSED
SESSION
49. CERTIFICATION BY BOARD MEMBERS REGARDING ITEMS DISCUSSED IN CLOSED SESSION (Tape 12)
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 Connolly seconded the motion 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."
50. AUTHORIZATION TO FILE A LAWSUIT AGAINST KEMPER INSURANCE SHOULD NEGOTIATIONS FAIL (Tape 12)
Supervisor Gross moved that the Board authorize the filing of a lawsuit against Kemper Insurance should the County Attorney fail to negotiate a voluntary payment by Kemper of the balance of the County's claim. Supervisor Connolly seconded the motion and it carried by unanimous vote.
51. AUTHORIZATION OF SETTLEMENT IN DEBORAH CRONE VERSUS
Supervisor Connolly
moved that the Board authorize the settlement offer in Deborah Crone versus Blaine Underwood,
At Law Number 209909, according to the terms and conditions outlined by the
52. REJECTION OF SETTLEMENT OFFER IN BOARD OF SUPERVISORS VERSUS HERON PINES LC, ET AL., AT LAW NUMBER 215344 (Tape 12)
Supervisor Frey
moved that the Board reject the settlement offer in Board of Supervisors versus Heron Pine, LC, et al., At Law Number
215344, but authorize the
ADDITIONAL BOARD MATTERS
NV:nv
53. ANNUAL LITERARY FESTIVAL (Tape 13)
Chairman Hanley said that Fall for the Book, Incorporated, is an educational
partnership between the Fairfax County Public Library, George
Accordingly,
54. DISABILITY EMPLOYMENT AWARENESS MONTH (Tape 13)
Chairman Hanley said that
traditionally October is celebrated
as National Disability Employment Awareness Month. To recognize County citizens with disabilities
and their contributions to mainstream community life,
55. VOLUNTEERFEST (Tape 13)
Chairman Hanley said that
Volunteer Fairfax will sponsor the ninth annual
VolunteerFest,
56. MOSQUITO CONTROL AND WEST
Chairman Hanley stated that
Members of the Board will welcome a
panel of experts from the Fairfax County Health Department who will present
valuable information about mosquito management and West Nile Virus on Tuesday,
September 30 at
Following brief input from
57.
Chairman Hanley stated that
the Friends of the Occoquan asked for
help in publicizing its Occoquan River Fall Clean-Up on Saturday, October 18.
Five sites have been selected in
58. RESOLUTION
IN SUPPORT OF
(R) Chairman Hanley
called the Board's attention to a Resolution in support of
Accordingly,
59. LEAGUE OF WOMEN VOTERS OF THE
The fee for the four evening sessions is $25. A press release has additional
information.
Accordingly,
60. AUXILIARY
POLICE OFFICER (
Chairman Hanley said that
Mr. David Banks called to her attention
an article in this week's Times Community Newspapers that highlights
the good work that the APOs are doing in the County.
Since the APO Program is launching a recruiting drive, Chairman Hanley
said that Mr. Banks asked if it were possible to recognize the work of these
volunteers at a Board meeting and "the vital role that they play in making
Accordingly,
61. VINT HILL FARMS STATION WASTEWATER TREATMENT
PLANT IN
Chairman Hanley called the
Board's attention to the issue of the
proposed expansion of the Vint Hill Farms Station Wastewater Treatment Plant
in
62.
Chairman Hanley shared the following "good news" items about the County:
·
· Chief of Police J. Thomas Manger informed the Board that the Police Department was honored by the Virginia Association of Chiefs of Police for its traffic safety efforts and programs.
· Ronald B. Mallard, Director, Department of Cable Communication and Consumer Protection, was appointed by the chairman of the Federal Communications Commission to a newly established Consumer Advisory Committee.
·
The County is recognized in the book Powering the Future-High Performance Partnerships
where the
(NOTE: Later in the meeting, the Board recognized the MCCP. See Clerk's Summary Item CL#77.)
63. HIGH OCCUPANCY VEHICLE (HOV) ENFORCEMENT TASK FORCE (Tape 13)
Chairman Hanley called the Board's attention to a letter from Secretary of Transportation Whittington W. Clement and Secretary of Public Safety John W. Marshall regarding the HOV Enforcement Task Force.
64. QUARTERLY REPORT OF THE AUDIT COMMITTEE (Tape 13)
(BACs)
Supervisor Kauffman called the Board's attention to page five of the quarterly report and asked unanimous consent that the Board direct staff to provide a complete report on the Board of Equalization for the last several years. Without objection, it was so ordered.
Supervisor Kauffman called the Board's attention to page ten of the quarterly report and asked unanimous consent that the Board direct staff to provide information regarding the proffers at the time of the land use applications. Without objection, it was so ordered.
A brief discussion ensued.
65. SHARON KELSO TO STEP DOWN AS CHAIRMAN OF THE HOMELESS OVERSIGHT COMMITTEE (Tape 13)
(BACs)
66. TOWN OF
(BACs)
67. WEAPONS ON SCHOOL PROPERTY (Tape 13)
Chairman Hanley said that legislation from the General Assembly this past year allows students to bring weapons on school property in a locked container, which need be only the trunk of the car. There is some discussion as to whether school boards can overrule on the issue of students coming to school with weapons locked in their cars.
Vice-
68. ITEMS FOR THE BOARD'S LEGISLATIVE COMMITTEE (Tape 13)
(BACs) Supervisor Kauffman asked unanimous consent that the Board direct staff to include the following items for discussion on the agenda for the next Legislative Committee meeting:
· An update on the public facilities ordinance discussions.
· The Northern Virginia Transportation Authority's action on legislation regarding TDR and development rights, as well as air quality, as a possible determination in dealing with potential downzonings.
Without objection, it was so ordered.
69.
Chairman
Hanley
70. AUTOMATIC EXTERNAL DEFIBRILLATORS (AEDS) (Tape 13)
(BACs) Supervisor
Gross said that AEDs have saved numerous lives since their introduction for
public use a few years ago. She reminded
the Board that an AED was used to assist a County
employee at the wellness center in the
Supervisor Gross said that
a constituent called to her attention the fact that AEDs are not required equipment
in loca1 heath clubs and gyms, and therefore, staff is not required to be certified
in the use of AEDs. Adopting such a requirement
in the Code of the
Therefore, Supervisor Gross asked unanimous consent that the Board direct staff to refer this issue to the Legislative Committee for a recommendation. Without objection, it was so ordered.
Supervisor
Following discussion, without objection, it was so ordered.
71. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) (Tape 13)
Supervisor
Gross said that in early August,
Therefore,
Supervisor Gross moved that the Board direct the
72. REQUEST FOR CERTIFICATE OF RECOGNITION
FOR MRS. DOROTHY CHANCE (
Supervisor Gross said that
Mrs. Dorothy Chance celebrated her one hundredth birthday on September 8. Mrs. Chance has lived in the Sleepy Hollow Woods
community in
Supervisor
Gross moved that the Board direct staff to prepare a certificate for presentation
to Mrs. Chance, wishing her a happy birthday on behalf of the Board, and that
the certificate include both the
Supervisor Gross said that
she has received a petition signed by
six local business owners requesting implementation of a no parking restriction
between the hours of
Therefore, Supervisor Gross moved that the Board
direct the staff of the Department of Transportation to install signage prohibiting
the parking of all vehicles between
74. HEALTH DEPARTMENT REORGANIZATION ISSUE (Tape 13)
Supervisor Gross
stated that as a result of a Health Department reorganization,
75.
(NOTE: Earlier in the meeting, the Board recognized the Vienna Volunteer Fire Department. See Clerk's Summary Item CL#7.)
With reference to an earlier agenda item regarding the Vienna Volunteer Fire Department, Supervisor Hudgins moved that the Board reaffirm its directive to staff to include a $1.5 million allocation to assist the Vienna Volunteer Fire Department in its renovation. Supervisor Connolly seconded the motion and it carried by unanimous vote.
76. SPECIAL EXCEPTION APPLICATION SE 2003-HM-004 (HUNTER MILL DISTRICT) (Tape 13)
Supervisor Hudgins stated
that Ms. Sunita Singh filed Special
Exception Application SE 2003-HM-004, to provide home day care services at
Supervisor Hudgins moved that the Board direct staff to schedule a public
hearing to be held before the Board on
77. MEDICAL CARE FOR CHILDREN PARTNERSHIP (MCCP) (Tape 13)
(NOTE: Earlier in the meeting, the Board took note of the performance of the MCCP. See Clerk's Summary Item CL#62.)
Supervisor Hudgins noted that the County's MCCP was selected as one of
the eight high performance partnerships in the
Therefore, Supervisor Hudgins moved that the Board direct staff to invite
the members of MCCP to appear before the Board to be recognized for its recognition
by the
78. VOTER EDUCATION MONTH AND EARLIER START
TIME FOR THE
Supervisor Hudgins said that
all registered voters in the County
on
Supervisor Hudgins said that for the first time in the November election,
County employees can use administrative leave and receive the normal stipend
to serve as an election officer. The pilot program is an effort to encourage
all citizens to become active in their civic responsibilities in their communities.
In an effort to remind all citizens about the importance of their votes,
Supervisor Hudgins moved that the Board:
·
Proclaim the month of October as "
·
Direct staff to invite the members of
the Electoral Board to appear before the Board to be recognized and to receive
a proclamation at the
Supervisor Bulova seconded the motion.
Following discussion,
with input from
The question was called on the motion, and it carried by unanimous vote.
79. BUSINESS INCUBATOR PROGRAM (HUNTER MILL DISTRICT) (Tape 13)
Supervisor Hudgins said that the Incubator Program, a successful business
mentorship program under the auspicious of the Greater Reston Chamber of Commerce,
has just graduated Advance Radio Corporation, a specialty surveillance company.
Supervisor Hudgins noted that the Incubator Program, created in 1999,
assists small and new businesses by providing them with needed tools: access
to a consultant bank, educational programs, mentoring accountants, networking
opportunities, and office space. These
services are all sponsored by volunteer businesses, the Lerner Corporation;
Access National Bank; Hale and Dorr LLP; Cooley Godward LLP; Miller Musmar,
CPA's, P.C.; and Pricewaterhousecoopers LLP under the umbrella of the Greater
Reston Chamber of Commerce.
In honor of this new success and the success of the Incubator Program,
Supervisor Hudgins moved that the Board direct staff to invite the representatives
of Greater Reston Chamber of Commerce Incubator Program to appear before the
Board to be recognized for their financial and educational support of this worthy
endeavor.
80. TWENTIETH
Supervisor Hudgins said that the twentieth Reston Triathlon was held this
year on
Therefore, Supervisor Hudgins moved that the Board direct staff to invite
the organizing committee representatives of the Reston Triathlon Association
and others to appear before the Board to receive recognition for the Association's
outstanding efforts as organizers of the Reston Triathlon and in recognition
of the twentieth
81.
Supervisor Hudgins
reminded the Board and citizens that the Annual Reston Multicultural Festival
will be held
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82. BOARD PUBLIC
HEARING FOR REZONING/FINAL DEVELOPMENT PLAN APPLICATION RZ/FDP
2003-BR-017 (BRADDOCK DISTRICT) (Tape
14)
Supervisor Bulova said that over the past year
and a half, Christopher Management, Incorporated has been working to develop
five parcels located on
Therefore, Supervisor Bulova moved that the
Board direct staff to schedule a public hearing to be held by the Board regarding
Rezoning/Final Development Plan Application RZ/FDP 2003-BR-017
on
83. CENTRAL
In honor of the Central Fairfax Chamber of Commerce's Forty-fifth Anniversary, Supervisor Bulova moved that the Board:
·
Declare
·
Direct staff to provide a proclamation to honor this group at its forty-fifth
anniversary dinner on
Supervisor Connolly seconded the motion and
it carried by unanimous vote.
84. REQUEST FOR
CERTIFICATE OF RECOGNITION FOR MASTER TECHNICIAN JOHN C. MAYERS (SPRINGFIELD
DISTRICT) (Tape
14)
Supervisor McConnell said that Master Technician
John C. Mayers has been selected by the Fairfax County Fire and Rescue Department
as the 2003 Career Firefighter of the Year. A 21-year-veteran Master Technician, Mayers
is assigned to the Fair Oaks Fire and Rescue Station 21, which is in the Springfield
District. In addition to being a Lead
Instructor and member of the advisory group for the Technical Rescue Operations
Team, he also served on Virginia Task Force 1 as a rescue squad officer, technical
search specialist, and rescue specialist since 1989.
He is also a 2003 recipient of the Bronze Medal for Valor awarded by
the Fairfax County Chamber of Commerce.
Therefore, Supervisor McConnell moved that the Board direct staff to invite
Master Technician Mayers to appear before the Board at a future date for recognition
of his outstanding service to
85. ALL STAR
TEAMS FROM
Supervisor McConnell said that during this past summer, two All Star teams
from the West Springfield Little League had tremendous success in a series of
tournaments in which they participated. The National nine and ten year olds were District
IX Champions and the Virginia State Runners Up. The American 11 and 12 year olds were District
IX and Virginia State Champions and a Southeast Regional Runner Up.
Therefore, Supervisor McConnell moved that the Board direct staff to invite
these teams
and their coaches to appear before the Board at a future date to appropriately
recognize them for their athletic accomplishments. Supervisor Hyland seconded the motion and it
carried by unanimous vote.
86. WAIVER
OF THE FEES FOR THE SHOWMOBILE (SPRINGFIELD DISTRICT) (Tape 14)
Supervisor McConnell said that
Therefore, Supervisor McConnell moved waiver
of the fees associated with the use of the Showmobile on
David P. Bobzien,
87. WAIVER
OF THE FEES FOR THE SHOWMOBILE (SPRINGFIELD DISTRICT) (Tape 14)
Supervisor McConnell said that the Clifton Betterment Association requested
the
Therefore, Supervisor McConnell, in recognition of the contribution to
community spirit this event brings, moved waiver of the fees associated with
the use of the Showmobile for Clifton Day on
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88.
Supervisor Connolly referred
to the County Government Telework Survey sent by the
89. MUSCULAR DYSTROPHY CAMPAIGN (Tape 15)
Supervisor Connolly said
that County firefighters and paramedics
continued a long standing tradition this past Labor Day weekend. They raised over $200,000 for Muscular Dystrophy.
Supervisor Connolly noted that his office is located at Fire Station 30,
in Merrifield, and the men and women of Station 30 have a special place in his
heart. He reported that Station 30 set a new Countywide campaign record with
$30,000 collected in Station 30 boots.
Therefore, Supervisor Connolly asked unanimous consent that the Board
direct staff to send a letter of congratulations to the Fire Department and
certificates of recognition to Station 30 and Local 2068 of the International
Association of Firefighters. Without
objection, it was so ordered.
90. TAX PAYMENT WITH A CREDIT CARD (Tape 15)
Supervisor Connolly said that a constituent contacted his office regarding
the payment of his personal property tax bill. According to the constituent he learned in the
notice that came with his tax bill that he could pay by phone with a credit
card. He followed the directions for
payment over the phone and once he entered all information he was advised that
he would be charged an extra $12 dollar processing fee for paying with a credit
card. The constituent was disturbed because
notification of the fee was not written on the information enclosed with his
personal property tax bill and there was no announcement at the beginning of
the telephone call notifying him in advance of the charge.
Therefore, Supervisor Connolly asked unanimous consent that the Board
direct the
91. EXPEDITED AND CONCURRENT PROCESSING FOR GRAHAM ROAD ELEMENTARY (PROVIDENCE DISTRICT) (Tape 15)
Supervisor Connolly said
that the
Therefore, Supervisor Connolly moved that the Board direct the Department of Public Works and Environmental Services to accept all associated site plans for concurrent processing and that the zoning review be expedited by the Department of Planning and Zoning for the Graham Road Elementary School, Tax Map parcels 50-3-((2))-11A and 50-3-((1))-A. This motion does not relieve the applicant from complying with all regulations, ordinances, or adopted standards, and does not prejudice the consideration of the rezoning application in any way. Supervisor McConnell seconded the motion and it carried by unanimous vote.
92. LEGISLATIVE BREAKFAST DATE (Tape 15)
Supervisor Connolly said
that this year the Board again will host a breakfast meeting for the
93. EASTWOOD PROPERTIES, INCORPORATED - OLD MILL ROAD PROPERTY (SULLY DISTRICT) (Tape 15)
Supervisor Frey said that
Eastwood Properties has filed a rezoning application
on Tax Map Parcels 65-1-((1)) 6, 18, 19, 20 and 21. The property is generally located west of
Therefore, Supervisor Frey moved that the Board consent to the filing
of a rezoning application on portions of Old Mill Road located adjacent to Tax
Map Parcels 65-1-((1)) 18, 19, 20 and 21; 65-1-((7)) 127, 128, 129, Parcels
Dl, and El, 225, 226, 228, and 229. The
applicant understands that approval of this motion does not relieve it of any
obligation, ordinance or standards, and does not prejudice the consideration
of the application or the subsequent abandonment and/or vacation applications
in any way. Supervisor Bulova seconded
the motion and it carried by unanimous vote.
94. CENTREVILLE DAY (SULLY DISTRICT) (Tape 15)
Supervisor Frey said that
every year, the Centreville Community
Foundation sponsors Centreville Day, a family event with the purpose of building
community spirit in Centreville. This year's event was held at the Old Centreville
Crossing shopping center and the Centreville Historic District on
Supervisor Frey stated that the Centreville Community Foundation is a
non-profit organization, and this year the proceeds from the event will go towards
restoring the Centreville Historic District and the Southwest Youth Association
Field of Dreams.
In the interests of maximizing the benefits from this event, Supervisor
Frey moved waiver of the fees for the Showmobile and the trash removal fees.
Supervisor Bulova seconded the motion.
Following discussion, with input from Anthony H. Griffin, the question
was called on the motion and it carried by unanimous vote.
Supervisor Frey expressed his appreciation to Chairman Hanley and Supervisor
Connolly for attending Centreville Day.
95. REQUEST FOR INFORMATION REGARDING THE SHERIFF'S OFFICE (Tape 15)
Supervisor Frey noted that he had received questions and complaints regarding the appropriateness of the use of taxpayer funded Sheriff's deputies and their vehicles in a partisan political manner.
Therefore, Supervisor Frey moved that the Board direct the County Executive to review this issue and report his findings regarding what was spent by the Sheriff's Office for Centreville Day and whether the activities, campaigning by Sheriff's deputies on County time, is appropriate for County paid staff. Supervisor Mendelsohn seconded the motion.
Following discussion, Chairman Hanley relinquished the Chair to Vice-Chairman Hyland and asked unanimous consent that the Board:
· Direct staff to provide the Board with the personnel regulations.
· Allow the Sheriff to respond to the concerns.
Without objection, it was so ordered.
Supervisor Mendelsohn asked unanimous consent that the Board direct staff to report with information for the Sheriff's Office regarding who has "take home" vehicles and where they live.
Chairman Hanley asked unanimous consent that the Board direct staff to re‑circulate the report with the "take home" list for all of the County employees. Without objection, it was so ordered.
Vice-Chairman Hyland returned the gavel to Chairman Hanley.
A brief discussion ensued.
96. POHICK EPISCOPAL CHURCH FIFTY-EIGHTH ANNUAL POHICK COUNTRY FAIR (MOUNT VERNON DISTRICT) (Tape 15)
Supervisor
Hyland said that on
Therefore, Supervisor Hyland moved that the Board:
·
Direct staff to issue a proclamation declaring
· Waive the Temporary Special Use Permit fee for this event.
The second to this motion was inaudible.
Following discussion,
with input from David P. Bobzien,
97. CONGRATULATIONS TO ENGINE COMPANY 11 IN GROVETON (MOUNT VERNON DISTRICT) (Tape 15)
Supervisor Hyland said that he recently received a letter from Ms. Nellie Quander, who wrote to express her gratitude for the service she received from the men and women at Engine Company 11 in Groveton.
Supervisor Hyland said that Ms. Quander recounted her experience and he quoted her as follows:
·
“I expected them to be knowledgeable and efficient,
but they were far more. They were kind,
gentle, and sensitive as they treated her and transported her to the hospital.
A 95 year old who suffers varied degrees of dementia is very much like
your child. I deeply appreciate the kindness and tenderness
the workers demonstrated while working with my mother.”
Supervisor Hyland moved that the Board direct staff to send a letter of commendation signed by the Chairman to Technician Schwartz, Captain Lange, Firefighter Brummund, Lieutenant Morris, Lieutenant Batson, and Firefighter Smith for their extraordinary care and treatment of Ms. Quander’s mother and that a copy of this, and her letter, be placed in each of the team members’ personnel files. Supervisor Connolly seconded the motion and it carried by unanimous vote.
98. REQUEST FOR AUTHORIZATION TO BE CONVEYED BY THE HEALTH DEPARTMENT REGARDING ENFORCEMENT OF THE AIR POLLUTION CONTROL ORDINANCE (Tape 15)
Supervisor Hyland said that in
response to his Board Matter of June 16 concerning the idling of bus engines,
he received a memorandum from the
Supervisor Hyland said that according to the memorandum, enforcement responsibility of the Air Pollution Control Ordinance falls under the purview of the Director of the Department of Health or his/her duly authorized agent. He added that the Department of Health Environmental Health Program Manager said that this authorization has not been granted to the Police Department. Without such authorization, the Fairfax County Police Department has no authority to enforce the Air Pollution Control Ordinance.
Supervisor Hyland noted that the
County’s ordinance allows buses to idle for a maximum of three minutes. Since this is more restrictive than the State’s
regulations which allow for ten minutes, the County’s ordinance takes precedence.
However, without the
Accordingly, Supervisor Hyland moved that the Board direct the Director of the Department of Health to authorize the Fairfax County Police Department, as its agent, to enforce the Air Pollution Control Ordinance as stipulated in the Fairfax County Code. Chairman Hanley seconded the motion and it carried by unanimous vote.
A brief discussion ensued.
99. DEFERRAL OF REAL ESTATE TAXES (Tape 15)
Supervisor
Hyland referred to a recent memorandum from the
Further, Supervisor Hyland said that he understands that the Virginia Code also authorizes local adoption of a real estate tax deferral program that is unrelated to age, impaired physical or mental condition, total combined income, or net worth. According to the attached opinion, Va. Code Ann. § 58.1-3219 provides:
· [a]ny county . . . may adopt, by ordinance, a deferral program for real estate taxes, in such amount as the ordinance may prescribe, subject to the limitations and conditions of this article. The local governing body shall adopt, by ordinance, the terms and conditions of the program and whether the deferral program shall only apply to real estate owned by and occupied as the sole dwelling of the taxpayer or whether the program shall apply to all property.
·
Although not restricted by age, physical or mental disability, or income or net worth considerations, the tax deferral program authorized by Va. Code Ann. § 58.1-3219 imposes other restrictions, conditions, and requirements upon potential participants.
In short, the Virginia Code vests in the County the authority to adopt two different real estate tax deferral programs. He said that the provision would permit the Board to allow a person whose assessment increases over 105 percent over the last year's assessment has an opportunity to defer taxes on that increment which may be over the 105 percent of the last year's assessment. He added that this proposal would allow those persons, at their option, a way of limiting the net tax that would be collected from them if the assessments are double digits.
Therefore, Supervisor Hyland asked unanimous consent that this issue be referred to staff for review and recommendations within 30 days and, further, in accordance with the provisions cited in the Virginia Code, assemble a draft ordinance to implement a real estate tax deferral program. Without objection, it was so ordered.
Supervisor Connolly asked unanimous consent that the Board direct staff to provide the fiscal implications of such a program. Without objection, it was so ordered.
Chairman Hanley relinquished the Chair to Vice-Chairman Hyland and asked unanimous consent that the Board direct staff to report its findings at a Budget Committee meeting. Without objection, it was so ordered.
Vice-Chairman Hyland returned the gavel to Chairman Hanley.
A brief discussion ensued.
100.
Supervisor Hyland
said that in the mid 1980s, the Board approved a CIP for a combination Lorton
Library and
Therefore, Supervisor
Hyland moved that the Board direct the
Following discussion, the question was called on the motion and it CARRIED by a recorded vote of nine, Supervisor Mendelsohn voting "NAY."
101. CONCERNS ABOUT FUTURE NOISE
Supervisor
Hyland expressed concern that as
Supervisor Hyland said that it was brought to his attention
recently that when Richmond Highway does eventually expand, the prevailing standards
for the Virginia Department of Transportation (VDOT) will take precedence over the County’s criteria which
allegedly is less stringent and that tall, potentially unattractive highway
walls will need to be installed to meet VDOT’s more stringent noise abatement
standards at that time. What this has
the prospect of doing is to create a tunnel-like effect through the entire length
of
Further, when the County approves residential projects that do not comply with State standards, those projects will not be eligible for State funding of the needed future noise walls. The County will be required to pay for them. If this information about the VDOT requirement to install its “standard” noise wall is correct and that the County would have to take on the cost of installing walls in residential sections to State standards, this will fully detract from any revitalization improvements achieved to date and could prove to be an unanticipated financial burden for the County’s taxpayers.
Supervisor Hyland moved that the Board refer this matter to staff for a thorough review and that they report their findings and recommendations by October. Supervisor McConnell seconded the motion and it carried by unanimous vote.
102. GOOD EVENING TO SUPERVISOR CONNOLLY'S WIFE,
DAUGHTER AND FRIEND FROM
Supervisor Connolly said good evening to his wife, daughter, and friend from Chicago who were present in the Board Auditorium.
103. CONCURRENT PROCESSING OF PLANS FOR PROFFERED CONDITION AMENDMENT APPLICATION PCA 89-D-060-03 (DRANESVILLE DISTRICT) (Tape 15)
Supervisor Mendelsohn said
that Dulles Green LLP is the applicant
for Proffered Condition Amendment Application PCA 89-D-060-03. He noted that the applicant has worked very cooperatively
with its neighbor, the Reflection Homes community, and thus would benefit from
concurrent processing of its plans to move this project forward as soon as possible.
Therefore, Supervisor Mendelsohn moved that the Board direct staff of the Department of Public Works and Environmental Services and the Department of Planning and Zoning to proceed with concurrent processing of the site plan of Proffered Condition Amendment Application PCA 89-D-060-03. This motion does not relieve the applicant from compliance with the provisions of any and all applicable ordinances, regulations, or adopted standards and does not constitute support by the Board for the rezoning application. Chairman Hanley seconded the motion and it carried by unanimous vote.
104. CONCURRENT PROCESSING FOR REZONING APPLICATION RZ 2003-DR-019 (DRANESVILLE DISTRICT) (Tape 15)
Supervisor Mendelsohn said that the Trustees of Church Friends Meeting of Langley Hill is the applicant for Rezoning Zoning Application RZ-2003-DR-019 and Special Permit Application SP-2003-DR-013 to change the portion of its property zoned R-1 to R-2 for floor area ratio purposes to facilitate adding an approximately 700-square foot two-story addition to the existing church. The property is located at 6410 Georgetown Pike, Tax Map number 22-3 ((1)) Parcels 48, within the Langley Fork Historic District and is also on the National Register of Historic Places. He noted that the applicant has worked very cooperatively with the community and has addressed all issues and concerns.
Therefore, Supervisor Mendelsohn moved that the Board direct staff of the Department of Public Works and Environmental Services and the Department of Planning and Zoning to proceed with concurrent processing of this application. This motion does not relieve the applicant from compliance with the provisions of any and all applicable ordinances, regulations, or adopted standards and does not constitute support by the Board for the rezoning application. Chairman Hanley seconded the motion and it carried by unanimous vote.
105. TURNER FARM TEAM (DRANESVILLE DISTRICT) (Tape 15)
Supervisor Mendelsohn said
that the Turner Farm Team is a community-based group of volunteers that through
its affiliation with Brogue Charities, Incorporated, a tax exempt non-profit
organization, has raised substantial funds and in-kind contributions to assist
in the development of the Turner Farm, a Park Authority property in
Supervisor Mendelsohn said that the Turner Farm Team has been working with the Park Authority over the last two years to develop park facilities at the Turner Farm. The efforts and involvement of the Turner Farm Team have focused on demolition of the surplus building structures, followed by the development of a playground and installation of equestrian fencing. All of this work has been accomplished in coordination with the adopted park master plan. Donations of materials and services from this community organization, coupled with Park Bond Funds and Mastenbrook Grants, have expanded significantly the development opportunities at this park. In cooperation with the Park Authority, the Turner Farm Team is currently prepared to submit site plans to construct an equestrian riding ring and parking lot. The funding for this project will also involve services and materials donated by the community.
Therefore, in consideration of this public benefit and the continued effort and dedication of the Turner Farm Team to the development of the park, Supervisor Mendelsohn moved waiver of the application fees and any and all other fees associated with site plan submission and review. This motion should not be construed as a favorable recommendation of this application by the Board and does not relieve the applicant of compliance with the provisions of any applicable ordinances, regulations or adopted standards. Supervisor Hudgins seconded the motion and it carried by unanimous vote.
106.
Supervisor Mendelsohn
referred to an article in the Washington
Post one week ago on Sunday regarding the discussion of an opinion from
the
Therefore, Supervisor Mendelsohn moved that the Board direct the County Attorney to take the allegations of the article and the two opinion letters and refer them to the Commonwealth Attorney to report with a opinion to the Board so that Board Members can be guided in the future as to what exactly Board Members can and cannot do regarding outside employment. Supervisor Frey seconded the motion.
Following a lengthy
discussion, with input from David P. Bobzien,
107. BOARD ADJOURNMENT (Tape 15)
At