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).
07-04
PW:pw
The meeting was called to order at
Others present were Anthony H. Griffin, County Executive; David P. Bobzien,
County Attorney; Catherine A. Chianese, Assistant to the County Executive; Regina
Thorn Corbett, 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. MOMENT OF SILENCE (
Supervisor Hudgins asked everyone to keep in thoughts the family of Virginia
Peters, who died last week. She was the
founder of Wesley Housing and an advocate for affordable housing, especially
for special needs individuals. Supervisor
Gross also noted that Ms. Peters had served on the Human Rights Commission as
well.
Supervisor Bulova asked everyone to keep in thoughts Reid Herlihy, Vice
President for Facilities at
Chairman Connolly asked everyone to keep in thoughts the family of Michael
Mohler, President, Fairfax County Professional Firefighters, on the death of
his father last week.
2. CERTIFICATE
OF RECOGNITION PRESENTED TO
Supervisor DuBois moved approval of the Certificate
of Recognition presented to members of the Langley High School Gymnastics team
for their accomplishments. Supervisor
Bulova seconded the motion and it carried by unanimous vote.
3. PROCLAMATION DESIGNATING APRIL 2004 AS “CHILD
ABUSE PREVENTION MONTH” IN
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and moved approval of the Proclamation to designate April
2004 as “Child Abuse Prevention Month” in
Supervisor Gross noted that Hispanics Against
Child Abuse and Neglect are having its annual breakfast on
Chairman Connolly asked unanimous consent that
the Board direct staff to publicize the Child Protective Services hotline.
Without objection, it was so ordered.
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
4. PROCLAMATION DESIGNATING
Supervisor Frey moved approval of the Proclamation
to designate
Staff presented representatives from Washington
Gas Company with the 2004 Building Safety Community Partnership Award.
(NOTE: Later in the meeting, the Board noted
International Building Safety Week. See
Clerk’s
5. PROCLAMATION DESIGNATING
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and moved approval of the Proclamation to designate
The Volunteer Awards Breakfast is scheduled
for
6. PROCLAMATION DESIGNATING
Chairman Connolly moved approval of the Proclamation
to designate
Chairman Connolly moved approval of the following
Certificates of Recognition for partnering with
·
Northern Virginia Family Service
·
The
·
·
Hispanic Committee of
·
Inova Health System
·
Northern
Supervisor Hyland seconded the motion and it
carried by a vote of eight, Supervisor Frey and Supervisor Smyth being out of
the room.
7. PROCLAMATION DESIGNATING APRIL 2004 AS “IMMUNIZATION
MONTH” IN
Chairman Connolly moved approval of the Proclamation
to designate April 2004 as “Immunization Month” in
8. PROCLAMATION DESIGNATING APRIL 2004 AS “FAIR
HOUSING MONTH” IN
Chairman Connolly and Supervisor Hudgins jointly
moved approval of the Proclamation to designate April 2004 as “Fair Housing
Month” in
9. PROCLAMATION DESIGNATING APRIL 2004 AS “DONATE
LIFE MONTH” IN
Chairman Connolly moved approval of the Proclamation
to designate April 2004 as “Donate Life Month” in
Chairman Connolly moved approval of a Certificate
of Recognition presented to Ms. Toni Webb for eight years of dedication and
service to the Fairfax County Commission on Organ and Tissue Donation and Transplantation
representing the Washington Regional Transplant Consortium. Supervisor Hyland seconded the motion.
The question was called on the motions and they
carried by unanimous vote.
Chairman Connolly asked unanimous consent that
the Board direct staff to publicize the website www.save7lives.org and any
other information relating to organ donation as well as the current vacancies
on the Commission on Organ and Tissue Donation and Transplantation. Without objection, it was so ordered.
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
10.
(BACs) Alyce Pope, Chairman of the Advisory Social Services Board,
presented the board’s annual report.
Brief discussion ensued with input from Dana
Paige, Director, Department of Family Services.
Supervisor Hudgins asked unanimous consent that
the Board direct staff to draft correspondence to the congressional delegation
to support the reauthorization of Temporary Assistance to Needy Families, and
related program. Supervisor Gross seconded
the motion and it carried by vote of eight, Supervisor Frey and Chairman
Connolly being out of the room.
11.
(BACs) Joyce Bissonette, Chairman of the SBC, presented the commission’s
annual report.
Discussion
ensued with input from Anthony H. Griffin,
Supervisor Gross asked unanimous consent that
the Board direct staff to refer the possible development of a website for the
SBC to the Information Technology Policy Advisory Committee. Without objection, it was so ordered.
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and asked unanimous consent that the Board direct staff
to schedule a joint meeting with the Economic Development Authority to further
discuss the subject of the incubator model.
Without objection, it was so ordered.
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
Supervisor Hudgins asked unanimous consent that
the Board direct the SBC to provide additional information such as demographics.
Without objection, it was so ordered.
12.
(APPTS)
(BACs) A. HEATH ONTHANK
MEMORIAL AWARD SELECTION COMMITTEE
Supervisor DuBois moved the appointment of Ms.
Jeanne McChesney as the Dranesville District Representative to the A. Heath
Onthank Memorial Award Selection Committee.
Supervisor Hyland seconded the motion, which carried by unanimous vote.
The Board deferred the appointment of the Sully
District Representative to the A. Heath Onthank Memorial Award Selection
Committee.
ADVISORY
SOCIAL SERVICES BOARD
Chairman Connolly moved the appointment of Mr.
Marcus Simon to fill the unexpired term of Ms. Ellen Graves as the At-Large
Chairman's Representative to the Advisory Social Services Board. Supervisor DuBois seconded the motion, which
carried by unanimous vote.
The Board deferred the appointments of the
AIRPORTS
ADVISORY COMMITTEE
Supervisor McConnell moved the appointment of
Mr. Stephen Denes as the Springfield District Representative to the Airports
Advisory Committee. Supervisor Hyland
seconded the motion, which carried by unanimous vote.
The Board deferred the appointment of the Braddock
District Representative to the Airports Advisory Committee.
ANIMAL
SERVICES ADVISORY COMMISSION
Supervisor Hudgins moved the reappointment of
Ms. Ava McDannell as the Hunter Mill District Representative to the Animal
Services Advisory Commission. Supervisor
Hyland seconded the motion, which carried by unanimous vote.
The Board deferred the appointments of the Braddock
and Dranesville District Representatives to the Animal Services Advisory Commission.
ARCHITECTURAL
REVIEW BOARD
Supervisor Gross moved the appointment of Mr.
Robert Wilson Mobley as the Related Professional Group #1 Representative
to the Architectural Review Board. Supervisor
DuBois seconded the motion, which carried by unanimous vote.
ATHLETIC
COUNCIL
Chairman Connolly moved the reappointment of
Ms. Elizabeth Bradsher as the At-Large Principal Representative to the
Athletic Council. Supervisor Kauffman
seconded the motion, which carried by unanimous vote.
The Board deferred the appointment of the Women's
Sports Association Alternate Representative to the Athletic Council.
BOARD
OF BUILDING CODE APPEALS
The Board deferred the appointment of the Design
Professional Representative #5 to the Board of Building Code Appeals.
BOARD
OF EQUALIZATION OF REAL ESTATE ASSESSMENTS
Supervisor Smyth moved the appointment of Ms.
Anne Ketcham Felder as the Freeholder #1 Representative to the Board of
Equalization of Real Estate Assessments. Supervisor
Gross seconded the motion, which carried by unanimous vote.
The Board deferred the appointments of the Appraiser
#1 and Appraiser #3 Representatives to the Board of Equalization of Real Estate
Assessments.
CELEBRATE
FAIRFAX, INCORPORATED BOARD OF DIRECTORS
Chairman Connolly moved the appointment of Ms.
Cheryl Berry-Gaines to fill the unexpired term of Ms. Shelly Park as the
At-Large #4 Representative to the Celebrate Fairfax, Incorporated Board of Directors.
Supervisor Bulova seconded the motion, which carried by unanimous vote.
CHILD
CARE ADVISORY COUNCIL
Supervisor McConnell moved the appointment of
Mr. Robert Berman as the Springfield District Representative to the Child
Care Advisory Council. Chairman Connolly
seconded the motion, which carried by unanimous vote.
COMMISSION
FOR WOMEN
Chairman Connolly moved the appointment of Ms.
Regina Fosstvedt to fill the unexpired term of Ms. Alta Newman as the At-Large
Minority Representative to the Commission for Women. Supervisor Gross seconded the motion, which
carried by unanimous vote.
Supervisor Smyth moved the appointment of Ms.
Tania Hossain-Almaraz to fill the unexpired term of Ms. Regina Fosstvedt
as the Providence District Representative to the Commission for Women. Supervisor Gross seconded the motion, which
carried by unanimous vote.
Chairman Connolly asked unanimous consent that
the Board direct staff to invite Ms. Alta Newman to appear before the Board
to be recognized for her service to the Commission for Women. Without objection, it was so ordered.
COMMISSION
ON ORGAN AND TISSUE DONATION AND TRANSPLANTATION
The Board deferred the appointments of the At-Large
Chairman's and At-Large Minority Representatives and the Sully District Representative
to the Commission on Organ and Tissue Donation and Transplantation.
CONFIRMATION:
Supervisor
Gross moved the confirmation of the following appointment to the Commission
on Organ and Tissue Donation and Transplantation:
·
Ms. Cindy Speas
as the
Supervisor DuBois seconded the motion, which
carried by unanimous vote.
The
Board deferred the appointments of the Dranesville and Providence District Representatives
to the Community Action Advisory Board.
Chairman Connolly moved the appointment of Mr.
Hung Quoc Nguyen to fill the unexpired term of the late Mr. Larry Willner
as the Fairfax County Resident #9 Representative to the Consumer Protection
Commission. Supervisor Gross seconded
the motion, which carried by unanimous vote.
CRIMINAL JUSTICE ADVISORY BOARD
The Board deferred
the appointment of the Mason District Representative to the Criminal Justice
Advisory Board.
ENGINEERING STANDARDS REVIEW COMMITTEE
CONFIRMATION:
Supervisor
Gross moved the confirmation of the following appointment to the Engineering
Standards Review Committee:
·
Mr. William Putman
as the National Association of Industrial and Office Properties Representative
Supervisor Hyland seconded the motion, which
carried by unanimous vote.
The Board deferred the appointments of the At-Large
Business Community Representative and the Dranesville and Mount Vernon District
Representatives to the Fairfax Area Disability Services Board.
Supervisor Gross moved to disband the Fairfax
County Construction Trades Advisory Board. Supervisor
DuBois seconded the motion.
A brief discussion ensued with input from Anthony
H. Griffin,
The question was called on the motion and it
carried by unanimous vote.
Supervisor Hyland moved the appointment of Stephen
Goldberger, M.D. as the Provider #1 Representative to the Health Systems Agency
Board. Supervisor Kauffman
seconded the motion.
Supervisor Gross moved the appointment of Samer
Ellahham, M.D., as the Provider #1 Representative to the Health Systems
Agency Board. Supervisor Smyth seconded
the motion.
Discussion
ensued with input Nancy Vehrs, Clerk to the Board.
The question was called on the motion to appoint
Dr. Ellahham and it CARRIED
by a recorded vote of seven, Supervisor Bulova, Supervisor DuBois, Supervisor
Gross, Supervisor Hudgins, Supervisor McConnell, Supervisor Smyth, and Chairman
Connolly voting "AYE,"
Supervisor Frey, Supervisor Hyland, and Supervisor Kauffman voting "NAY."
Chairman Connolly moved the appointment of Ms.
Randa Kayyali as the Citizen #8 Representative to the History Commission.
Supervisor Bulova seconded the motion, which carried by unanimous vote.
Supervisor Frey moved the appointment of Ms.
Paula Elsey as the Citizen #5 Representative to the History Commission.
Chairman Connolly seconded the motion, which carried by unanimous vote.
The Board deferred the appointment of the Archaeologist Representative to the History Commission.
HUMAN SERVICES COUNCIL
CONFIRMATION:
Supervisor
Hudgins moved the confirmation of the following appointment to the Information
Technology Policy Advisory Committee:
·
Mr. Thomas Mukai
as the
Chairman Connolly seconded the motion, which
carried by unanimous vote.
LIBRARY BOARD
Supervisor
Frey moved the reappointment of Mr. Flint Lewis as the Sully District
Representative to the Library Board. Supervisor
Gross seconded the motion, which carried by unanimous vote.
Chairman Connolly
moved the appointment of Mr. Herbert Doyle to fill the unexpired term
of Ms. Joyce Andrews as the At-Large Representative to the Library Board. Supervisor
Bulova seconded the motion, which carried by unanimous vote.
OVERSIGHT COMMITTEE ON DRINKING AND DRIVING
Chairman Connolly
moved the appointment of Ms. Eileen Nelson to fill the unexpired term
of Ms. Lee Lavinthal Forman as the At-Large Chairman's Representative to the
Oversight Committee on Drinking and Driving. Supervisor Gross seconded the motion, which
carried by unanimous vote.
Discussion
ensued with input Nancy Vehrs, Clerk to the Board of Supervisors.
The Board deferred
the appointment of the Braddock District Representative to the Oversight Committee
on Drinking and Driving.
ROUTE 28 HIGHWAY TRANSPORTATION DISTRICT ADVISORY
BOARD
The Board deferred
the appointment of the Resident/Owner #1 Representative to the Route 28 Highway
Transportation District Advisory Board.
CONFIRMATIONS:
Supervisor
Frey moved the confirmation of the following appointments to the Route 28 Highway
Transportation District Advisory Board:
·
Mr. John DeBell
as an elected Resident/Owner Representative
·
Mr. Jeffrey Saxe
as an elected Resident/Owner Representative
·
Mr. Peter Scholz
as an elected Resident/Owner Representative
This motion, the second to which was inaudible,
carried by unanimous vote.
TENANT LANDLORD COMMISSION
The Board deferred
the appointments of the Condominium Owner and Landlord Member #3 Representatives
to the Tenant Landlord Commission.
TRANSPORTATION ADVISORY COMMISSION
Supervisor
McConnell moved the appointment of Mr. Eric Thiel to fill the unexpired
term of Mr. Jerry Little as the Springfield District Representative to the Transportation
Advisory Commission. Chairman Connolly
seconded the motion, which carried by unanimous vote.
TREE
COMMISSION
Supervisor Smyth moved the appointment of Ms.
Penelope Firth to fill the unexpired term of Mr. Marco Greenberg as the
Providence District Representative to the Tree Commission. Chairman Connolly seconded the motion, which
carried by unanimous vote.
AD
HOC COMMITTEES
The Board deferred the appointment of the Sully
District Representative to the Telecommunication Land Use Regulations Task Force-Monopoles.
ADDITIONAL
APPOINTMENT
BOARD
OF THE
Chairman Connolly moved the appointment of Mr.
Robert Stalzer, Deputy County Executive, as the Fairfax County Alternate
Representative to the Board of the District of Columbia Water and Sewer Authority.
Supervisor Bulova seconded the motion, which carried by unanimous vote.
DS:ds
13. ADMINISTRATIVE
ITEMS (
Supervisor Gross moved approval of the Administrative
Items, with the exception of Admin 10. Supervisor Smyth
seconded the motion.
Supervisor Smyth called the Board's attention
to Admin 8 – Approval of Traffic-Calming Measures for the Mantua Subdivision
as Part of the Department of Transportation's Residential Traffic Administration
Program (Providence District). A brief discussion ensued.
The question was called on the motion to approve
the Administrative Items, with the exception of Admin 10, and it carried
by unanimous vote, Supervisor Bulova, Supervisor DuBois, Supervisor Frey, Supervisor
Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor
McConnell, Supervisor Smyth, and Chairman Connolly voting "AYE."
ADMIN 1 – ADDITIONAL TIME TO COMMENCE
(AT) Approved the request for 30 months of additional time
to commence construction for Special Exception Amendment Application SEA 88-V-023
to
ADMIN 2 – AUTHORIZATION TO ADVERTISE A
PUBLIC HEARING ON THE ACQUISITION OF CERTAIN LAND RIGHTS NECESSARY FOR THE CONSTRUCTION
OF COUNTY ROAD PROJECT – GALLOWS ROAD/ANNANDALE ROAD/HUMMER ROAD (MASON AND
PROVIDENCE DISTRICTS)
(A) Authorized the advertisement of a public hearing
to be held before the Board on
ADMIN 3 – AUTHORIZATION TO ADVERTISE A
PUBLIC HEARING FOR THE ENLARGEMENT OF SMALL AND LOCAL SANITARY DISTRICTS FOR
REFUSE AND LEAF COLLECTION SERVICE (DRANESVILLE, HUNTER MILL, LEE, AND
(A) Authorized the advertisement of a public hearing
to be held before the Board on April 26, 2004, at 4:30 p.m. to
consider the following changes to small and local sanitary districts for refuse
and leaf collection service in accordance with the Board’s adopted criteria
for the Creation/Enlargement/Withdrawal of Small or Local Sanitary Districts:
|
Sanitary District |
Action |
Service |
Recommendation |
|
Local District
A3 within Small
District 1 within Dranesville
District ( |
Enlarge |
Refuse |
Approve |
|
Small District
4 within Dranesville
District (Rosemont Subdivision
Area) |
Enlarge |
Refuse |
Approve |
|
Small District
6 within Dranesville
District ( |
Enlarge |
Refuse |
Approve |
|
Small District
7 within Dranesville
District (Churchill Subdivision
Area) |
Enlarge |
Refuse and Leaf |
Approve |
|
Small District
7 within Dranesville
District ( |
Enlarge |
Refuse and Leaf |
Approve |
|
Small District
3 within Hunter
Mill District (Somerset West) |
Enlarge |
Refuse |
Approve |
|
Local District
C within Small
District 1 within (Brookland Estates
Area) |
Enlarge |
Refuse and Leaf |
Approve |
|
Small District
4 within ( |
Enlarge |
Refuse and Leaf |
Approve |
ADMIN 4 – ADDITIONAL TIME TO COMMENCE CONSTRUCTION
FOR SPECIAL EXCEPTION APPLICATION SE 2002-MA-034, TEO CHEW ASSOCIATION OF GREATER
(AT) Approved the request for four months of additional
time to commence construction for Special Exception Application SE 2002-MA-034
to
ADMIN 5 – ACCEPTANCE OF A PORTION OF
(R) Adopted the Resolution authorizing
acceptance of a portion of Linton Lane into the secondary system of State highways
from 70 linear feet north of centerline of Camden Street, Route 2052 to a point
approximately 910 linear feet (0.17 miles) north to section line at existing
Route 2192.
ADMIN
6 – STREETS INTO THE SECONDARY SYSTEM (DRANESVILLE, HUNTER MILL, AND SPRINGFIELD
DISTRICTS)
(R) Approved the request that the streets listed below
be accepted into the State Secondary System:
|
Subdivision |
District |
Street |
|
Macintosh Estates Blueberry Farm Glenmore |
Dranesville Hunter Mill |
Route 3176 Route 684 Additional ROW Only Blueberry Route 8668 Route 600 Additional ROW Only |
ADMIN
7 – EXTENSION OF REVIEW PERIODS FOR 2232 PUBLIC FACILITY REVIEW APPLICATIONS
(
Authorized the extension of review periods for
the following Public Facility (2232) Review Applications:
·
2232-Y01-15 to
·
2232-S04-3 to
·
2232-S04-4 to
ADMIN 8 – APPROVAL OF TRAFFIC-CALMING MEASURES
FOR THE
(NOTE: Earlier
in the meeting there was discussion regarding this item. See page 11.)
·
Endorsed the traffic-calming plan for
the Mantua Subdivision as proposed by DOT and the
Ÿ
Centerline rumble strip on northbound
Ÿ
Raised crosswalk on
Ÿ
Speed hump adjacent to 3412, 3415, and
Ÿ
Speed hump adjacent to 3822, 3823, 3824,
and
Ÿ
Raised island adjacent to
Ÿ
Curb modification to reduce the turning
radius on northbound
·
Directed staff to request VDOT install
the measures as soon as possible.
ADMIN 9 – RECOMMENDATION OF STREETS TO BE CONSIDERED
FOR TRAFFIC-CALMING MEASURES AS PART OF THE RESIDENTIAL TRAFFIC ADMINISTRATION
PROGRAM (R-TAP) (BRADDOCK, MASON,
·
Endorsed the following streets to be
considered for traffic-calming measures as part of the R-TAP:
Ÿ
Sequoia
Ÿ
Ÿ
Ÿ
Ÿ
Ÿ
·
Directed staff to request the Virginia
Department of Transportation to develop traffic-calming plans in conjunction
with each community, as soon as possible.
ADMIN 10 – AUTHORIZATION TO ADVERTISE PUBLIC
HEARINGS ON PROPOSED AMENDMENTS TO THE CODE OF THE
(NOTE: Later
in the meeting, action was taken regarding this item. See Clerk's Summary Item CL#14.)
ADMIN 11 – AUTHORIZATION TO ADVERTISE A PUBLIC
HEARING TO ADOPT THE SOLID WASTE MANAGEMENT PLAN
(A) Authorized the advertisement of a public hearing
to be held before the Board on
ADMIN 12 – AUTHORIZATION TO ADVERTISE A PUBLIC
HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE TO EXTEND THE CABLE TELEVISION
FRANCHISE HELD BY COMCAST CABLEVISION OF VIRGINIA, INCORPORATED, UNTIL NO LATER
THAN DECEMBER 31, 2004 (RESTON FRANCHISE AREA)
(A) Authorized the advertisement of a public hearing
to be held before the Board on May 10, 2004, at 4 p.m. to consider
the adoption of an Ordinance to extend the Comcast cable franchise agreement
until no later than December 31, 2004.
14. ADMIN 10 – AUTHORIZATION
TO ADVERTISE PUBLIC HEARINGS ON PROPOSED AMENDMENTS TO THE CODE OF THE
(R) (A) (NOTE: Earlier in
the meeting, the Board deferred action on this item. See Clerk’s Summary Item CL#13.)
Discussion ensued with input from Regina C.
Murray, Senior Assistant to the Zoning Administrator, Department of Planning
and Zoning (DPZ).
Supervisor Frey moved adoption of the Resolution
authorizing the advertisement of a public hearing to be held before the Planning
Commission on
·
Revised Chapter 112 (Zoning Ordinance),
dated
·
Chapter 101 (Subdivision Ordinance)
·
PFM
Supervisor Bulova seconded the motion.
Further discussion ensued with input from Karen
J. Harwood, Deputy County Attorney; Barbara Byron, Director, Zoning Evaluation
Division, DPZ; and Michael Knapp, Director, Urban Forestry Division, Department
of Public Works and Environmental Services.
The question was called on the motion and it
carried by unanimous vote, Supervisor Bulova, Supervisor DuBois, Supervisor
Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman,
Supervisor McConnell, Supervisor Smyth, and Chairman Connolly voting "AYE."
15. A-1 – SEWER REVENUE REFUNDING BONDS, SERIES
2004 (
(BONDS)
(R) Supervisor Bulova moved that the Board concur in
the recommendation of staff and:
Ÿ
Adopt the Series Resolution authorizing
the issuance of the Sewer Revenue Refunding Bonds, which also:
Ÿ
Authorizes the execution and delivery
of an Escrow Agreement and a Continuing Disclosure Agreement for the Sewer Revenue
Refunding Bonds.
Ÿ
Delegates the
Ÿ
Approves the form of the Notice of Sale
and the Official Statement.
Ÿ
Authorizes the Chairman to sign the
Official Statement.
Supervisor Hudgins seconded the motion.
Following discussion, the question was called
on the motion and it carried by unanimous vote, Supervisor Bulova, Supervisor
DuBois, Supervisor Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland,
Supervisor Kauffman, Supervisor McConnell, Supervisor Smyth, and Chairman Connolly
voting "AYE."
16. A-2 – APPROVAL
OF A PROJECT AGREEMENT FOR THE "SEVEN INTERSECTION IMPROVEMENTS" AS
IDENTIFIED IN THE GOVERNOR'S CONGESTION RELIEF PROGRAM (12:08 p.m.)
Supervisor Hudgins moved that the Board concur
in the recommendation of staff and approve execution of an agreement between
the County and the Commonwealth of Virginia to initiate the transportation improvement
projects as identified as part of the "Governor's Congestion Relief Program
- Seven Intersection Improvements." Supervisor
Smyth seconded the motion.
Following discussion, with input from Charlie
Strunk, Chief, Capital Projects Section, Department of Transportation, the question
was called on the motion and it carried by unanimous vote, Supervisor Bulova,
Supervisor DuBois, Supervisor Frey, Supervisor Gross, Supervisor Hudgins, Supervisor
Hyland, Supervisor Kauffman, Supervisor McConnell, Supervisor Smyth, and Chairman
Connolly voting "AYE."
17. C-1 – AUTHORIZATION TO NEGOTIATE UNDER THE
PRIVATE DEVELOPER ASSISTANCE PROGRAM FOR ESTATES AT
The Board next considered an item contained
in the Board Agenda Item dated
Supervisor McConnell moved that the Board authorize
staff to negotiate under the Private Developer Assistance Program, for a certain
street dedication owned by James R. Crouch and Linda K. Crouch.
Supervisor Bulova seconded the motion and it carried by unanimous vote.
18. I-1 –
(NOTE: Earlier
in the meeting, the Board proclaimed
The Board next
considered an item contained in the Board Agenda dated
19. I-2 – LOCAL COMMENT LETTER TO THE
The Board next considered an item contained
in the Board Agenda dated
Following a brief discussion, the staff was
directed administratively to proceed as proposed.
20. I-3 – 2003 ANNUAL MUNICIPAL SEPARATE STORM
SEWER SYSTEM (MS4)
The Board next considered an item contained
in the Board Agenda dated
Following discussion, the staff was directed
administratively to proceed as proposed.
21. I-4 – CONTRACT AWARD – ATHLETIC FIELDS AND
RELATED WORK AT
The Board next considered an item contained
in the Board Agenda dated March 29, 2004, requesting authorization for
staff to award a contract to Tessa Construction and Tech Company, LLC in the
amount of $1,392,000 for the construction of athletic fields and related work
at Wakefield Park.
Following discussion, the staff was directed
administratively to proceed as proposed.
ADDITIONAL BOARD MATTERS
NV:nv
22. NIGHTTIME FLASHING SIGNALS (
(P) Chairman Connolly stated that as part of the Board’s
Transportation Plan adopted in February, staff from the County’s Department
of Transportation was charged to coordinate with the Virginia Department of
Transportation (VDOT) and investigate intersections where signals could be set
to flash during nighttime hours.
Chairman Connolly said that VDOT announced that
it selected six intersections to serve as a two-year pilot for this program.
All intersections meet the criteria of having good sight distance and
speed limits on both roads of 35 mph or less.
Signals at the following intersections have been set to flash (yellow
for the primary road, red for the approach road) from
·
Route 123 at
·
Route 123 at
·
Route 123 at Oakton Manor/Oakton Shopping
Center
·
·
·
Chairman Connolly also noted that one of the
trails projects adopted under the Board’s Transportation Plan, the sidewalk
along
With the understanding that this can now be
considered Policy, Supervisor Hudgins asked unanimous consent that the Board
direct staff to resubmit to VDOT prior requests that were not honored. Without objection, it was so ordered.
23. SUPPORTING ARTS IN TRANSIT (
Jointly with Supervisor Hudgins and Supervisor
Kauffman, Chairman Connolly reminded the Board that the County lost a champion
for the arts this year when Ms. Toni McMahon passed away in January.
In her capacity as Director of the Arts Council of Fairfax County, she
worked to promote the integration of the arts into citizens’ everyday lives.
One of the ways in which she and the Arts Council hoped to accomplish
this goal was through supporting
Chairman Connolly said that the Arts Council
has been working with
Accordingly, jointly with Supervisor Hudgins
and Supervisor Kauffman, Chairman Connolly relinquished the Chair to Vice-Chairman
Bulova and moved that the Board:
·
Endorse paying tribute to Ms. McMahon’s support
for the arts in
·
Direct staff to contact the Virginia Department
of Rail and Public Transportation and the Washington
Supervisor Hudgins seconded the motion.
Supervisor Kauffman asked to amend the motion
to request that the Arts Council provide the funding necessary to realize this
action, and this was accepted.
Following further discussion, the question was
called on the motion, as amended, and it carried by a vote of nine, Supervisor
McConnell being out of the room.
24. VIETNAMESE REMEMBRANCE DAY (
Chairman Connolly asked unanimous consent that
the Board proclaim
25. ASIAN/PACIFIC AMERICAN HERITAGE MONTH (
Chairman Connolly asked unanimous consent that
the Board proclaim May 2004, as “Asian/Pacific
American Heritage Month” in
26. FOSTER CARE MONTH (
Chairman Connolly asked unanimous consent that
the Board proclaim May 2004, as “Foster
Care Month” in
27. NURSES MONTH (
Chairman Connolly asked unanimous consent that
the Board proclaim May 2004, as “Nurses
Month” in
28. COMMUNITY ACTION MONTH (
Chairman Connolly asked unanimous consent that
the Board proclaim May 2004, as “Community
Action Month” in
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
29. FIFTIETH ANNIVERSARY
OF THE
Supervisor Hyland noted that Supervisor Kauffman presented a joint Board
Matter in recognition of the fiftieth anniversary of the Mount Vernon-Lee Chamber
of Commerce at a previous Board meeting.
30. SHIRLEY ACRES
COMMUNITY REQUESTS "THROUGH TRUCKS PROHIBITED" SIGNAGE (MOUNT VERNON
DISTRICT) (
With reference to his written Board Matter on
the subject, Supervisor Hyland noted that the Shirley Acres community is having
issues with trucks passing through its streets.
As a result of all the truck traffic, the Shirley Acres community submitted
a petition requesting signs be installed stating "Through Trucks Prohibited."
Therefore, Supervisor Hyland asked unanimous
consent that the Board direct staff to:
·
Perform a preliminary analysis of the
roads located within the Shirley Acres community.
·
Review the petition contained in his
written Board Matter.
·
Report with its findings and recommendations
regarding a prohibition on through trucks.
Without objection, it was so ordered.
31. BOARD MATTERS
TO BE PRESENTED BY SUPERVISOR MCCONNELL (SPRINGFIELD DISTRICT) (
Chairman Connolly announced that Supervisor
McConnell’s Board Matters would be presented later in the meeting.
(NOTE: Later in the meeting, Chairman Connolly
presented Supervisor McConnell’s Board Matter.
See Clerk’s Summary Item CL#47.)
32. GREEN ROOFS (
Supervisor Smyth asked unanimous consent that
the Board direct staff to provide a status report on the subject of “green roofs”
as requested in a Board Matter presented by Chairman Connolly last fall [
DS:ds
33.
Supervisor Gross said that the
Therefore, Supervisor Gross asked unanimous
consent that the Board direct staff to prepare a certificate of recognition
with signatures from the Chairman and herself, for presentation at the dinner.
Without objection, it was so ordered.
34. NEIGHBORHOOD WATCH DAY (
Supervisor Gross said that the Camelot Neighborhood
Watch, in the
Therefore,
Supervisor Gross asked unanimous consent that the Board:
·
Declare
·
Direct staff to prepare a proclamation
for presentation at the celebration on
Without objection, the request was so ordered.
35. COMMUNITY ASSOCIATION MANUAL (
Supervisor Gross said that a constituent pointed
out that the Community Association Manual, distributed by the Office of Public
Affairs, has not been updated to include amendments to the Virginia Property
Owner's Association Act passed during the 2003 legislative session.
These changes are important because they cause more associations to qualify
as homeowner associations due to the fact that the legislation removed the $150
minimum annual dues level.
Therefore, Supervisor Gross asked unanimous
consent that the Board direct staff to make the necessary updates and ensure
that the new information is properly disseminated.
Merni Fitzgerald, Director, Office of Public
Affairs, clarified that the manual is distributed by the Division of Consumer
Protection.
Without objection, the request was so ordered.
36. RETIREMENT SYSTEMS (
Supervisor Gross said that under current regulations
retired County staff may participate in only one retirement system if they are
hired to positions covered by another
Supervisor Gross said that the Board and staff
have been trying to address staffing shortages at the Public Safety Communications
Center, and it has been brought to her attention that a number of highly qualified
applicants could be drawn from various public safety retirees, but the restrictions
on retirement benefits may be a barrier to potential applicants.
Supervisor Gross moved that the Board direct
staff to:
·
Review what steps would have to be taken
to resolve any legal and/or legislative issues pertaining to this matter, especially
as it relates to Police Department retirees and possible employment at the
·
Report its findings, along with any
recommendations.
Supervisor Kauffman seconded the motion and
it carried by a vote of nine, Supervisor McConnell being out of the room.
37. AIR QUALITY (
Supervisor Gross said that meeting air quality
standards in the County and the
Supervisor Gross said that the County used to
have an air quality planning staff, but budget cutbacks trimmed and then eliminated
the positions. She stated that those
actions may have helped the budget, but not air quality.
Therefore, Supervisor Gross moved that the Board
add an $80,000 consideration item, an Air Quality Planner position, in the Fiscal
Year 2005 Budget. Supervisor Hudgins
seconded the motion and it carried by a vote of nine, Supervisor McConnell being
out of the room.
38. GOODWIN HOUSE
WEST ADULT LIVING FACILITY (
Supervisor Gross said that her Board Matter
concerns a proposal to study the improvement of Goodwin House West, a non-profit
retirement community located on
Supervisor Gross said that representatives of
Goodwin House West contacted her to express interest in expanding the permitted
uses and intensity of its site to help satisfy the increasing demand for adult
living care services in the area. Goodwin
House West is assessing options such as providing additional residential units,
establishing a unit to care for persons afflicted with memory-impaired disorders,
and improving its physical facilities for its present and future residents.
However, any expansion plans would require an amendment to the Comprehensive
Plan, as the current plan text for the property states that use of the facility
should not exceed its existing density.
Therefore, Supervisor Gross moved that the Board
authorize an Out-of-Turn-Plan-Amendment for the Goodwin House West property,
identified in the County land records as parcel 62-1 ((1)) 16G, to study the
feasibility of changing the existing plan text to allow for an increase in the
planned intensity of this site up to 1.65 floor area ratio.
This motion should not be construed as a favorable recommendation by
the Board on the proposed plan amendment or any subsequent development applications. Supervisor Bulova seconded the motion and it
carried by a vote of eight, Supervisor Hyland and Supervisor McConnell being
out of the room.
39. EARTH DAY/ARBOR DAY (
Supervisor Bulova announced that this year's
Earth Day/Arbor Day celebration will
be held at the Annandale Campus of Northern Virginia Community College on
Accordingly, Supervisor Bulova asked unanimous
consent that the Board direct staff to:
·
Assist the Earth Day/Arbor Committee
with the planning of this event where County involvement is needed.
·
Draft a press release for this event
and provide the Committee with a proclamation declaring April as "Earth
Day/Arbor Day" in
·
Invite the appropriate individuals and
sponsors to appear before the Board, following the event, to receive a Certificate
of Recognition.
Without objection, the request was so ordered.
40. HAPPY BIRTHDAY TO CHAIRMAN CONNOLLY (
Supervisor Bulova announced that March 30 is
Chairman Connolly's birthday. On behalf
of the Board, she wished Chairman Connolly a happy birthday.
PMH:pmh
41. ADDITIONAL BUDGET QUESTION (
Supervisor Hudgins asked unanimous consent that
the following questions be added to the list of budget questions:
·
How would the revenue generated by the
proposed recreation user fee be used to support field maintenance costs and
provide a portion of funding for athletic organizations’ referees and umpires?
Without objection,
it was so ordered.
42.
Supervisor Hudgins said that for over 40 years,
Robert E. Simon, Jr. has been a New Town pioneer. In 1961, when he purchased 6,750 acres of land
in the County he made both a financial investment and personal commitment to
a residential planned community which would become
Therefore, Supervisor Hudgins asked unanimous
consent that the Board direct staff to prepare the proclamation, as contained
in her written Board Matter, to be presented at a
Following discussion, Chairman Connolly relinquished
the Chair to Vice-Chairman Bulova and asked unanimous consent that the Board
direct staff to include his name on the proclamation, and this was accepted.
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
The question was called on the motion, as amended,
and it carried by a vote of eight, Supervisor Hyland and Supervisor McConnell
being out of the room.
43. RECOGNITION
FOR MS. MARTHA V. PENNINO (HUNTER MILL DISTRICT (
Supervisor Hudgins said that when speaking of
Supervisor Hudgins noted that Mrs. Pennino was first enthused by the concept
of a New Town and then became a passionate advocate for it. In the
Supervisor Hudgins said that during her 24 years (1968-1992) representing
Centreville District - now Hunter Mill District - as member of the Board, Ms. Pennino
thoughtfully shepherded
On behalf of a grateful community and the Board, Supervisor Hudgins moved
to direct staff to prepare a proclamation to be presented at the
Supervisor Hudgins noted that Ms. Pennino is recuperating at
The question was called on the motion and it carried by a vote of eight,
Supervisor Hyland and Supervisor McConnell being out of the room.
44. BIKE TO WORK
DAY AND EARLY START FOR
Jointly with Supervisor Smyth, Supervisor Hudgins
stated that on
Supervisor Hudgins noted that events are being
organized by the Washington Area Bicyclist Association, the Metropolitan Washington
Council of Governments, County government, LINK of
Therefore, Supervisor Hudgins moved that the
Board direct staff to prepare a proclamation designating
Following discussion, with input from Merni
Fitzgerald, Director, Office of Public Affairs, Chairman Connolly announced
that the Board will begin its meeting on
The question was called on the motion and it
carried by a vote of eight, Supervisor Hyland and Supervisor McConnell being
out of the room.
45. CERTIFICATE
OF
Supervisor Hudgins stated that
Supervisor Hudgins moved that the Board direct
staff to prepare and send a certificate of recognition to the
46. WAIVER OF FEES
FOR THE TOWN OF
Supervisor Hudgins stated that the Town of Vienna
Parks and Recreation Department is preparing to start interior renovation of
the maintenance building located at the Nutley Street Property Yard in
Therefore, Supervisor Hudgins moved waiver of
the permit and inspection fees for the Town of Vienna Parks and Recreation.
Chairman Connolly seconded the motion and it carried by a vote of eight,
Supervisor Hyland and Supervisor McConnell being out of the room.
47. BUSINESS APPRECIATION WEEK (
Chairman Connolly announced that Business Appreciation
Week will be celebrated nationally from
Therefore, Chairman Connolly relinquished the
Chair to Vice-Chairman Bulova and on behalf of Supervisor
McConnell moved that the Board direct staff to prepare a proclamation declaring
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
48. GOVERNING BOARD
OF THE
(BACs) Supervisor Dubois stated that the following
residents of Small District #1 within the Dranesville
District have been successfully petitioned to become candidates and to have
their names placed on the ballot for election to the Governing Board of the
McLean Community Center at the election to be held on Saturday, May 15, 2004,
from 9 a.m. to 5 p.m., at Lewinsville Park, 1659 Chain Bridge Road.
Adult candidates:
·
Holly Clement
·
Edward Eitches
·
Laurie Hilburg
·
Caethe Richardson
·
Edwina Rogers
·
Michael Schlesinger
·
Pat Velander
·
Charles Willmott
Youth candidates:
·
Amanda McCarty
·
Emily Newman
·
Joshua Segal
·
Esabel Khoury
·
John White
49.
Supervisor Frey stated announced that the Westfield High School Track
and Field Team won both team and individual races at the
Therefore, Supervisor Frey asked unanimous consent that the Board direct
staff to invite all the members of the Westfield High School Track and Field
team to appear before the Board on Monday, April 26, to be recognized for their
outstanding accomplishments at both the State and national competitions.
Without objection, it was so ordered.
50. AUTHORIZATION
TO INCLUDE ADDITIONAL RIGHT-OF-WAY REGARDING REZONING APPLICATION (
Supervisor Frey stated that
Therefore, Supervisor Frey moved that the Board authorize the inclusion
of a total of approximately 2.68 acres of Right-of-way of Louise Avenue (Route
2530), Lowe Street (Route 2528), and Armfield Street
(Route 2529) adjacent to Tax Maps: 34-2 ((1)) 18, 34-4 ((1)) 4, 5, 6; 34-4 ((2))
1-12; 34-4 ((3)) 1-4, 6-12 within the land area of the National Capital Land
and Development, Incorporated rezoning application. 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 applications or future abandonment/vacation
requests in any way. Supervisor Hudgins
seconded the motion and it carried by a vote of eight, Supervisor Hyland and
Supervisor McConnell being out of the room.
51.
Supervisor Frey noted that when he recently
checked the Washington Post sports
phone information line he discovered that the GMU Patriots were not included
in the list of options for local teams.
Therefore, Supervisor Frey moved that the Board
direct staff to prepare a letter to be signed by the Chairman, on the Board's
behalf, to the owner/publisher of the Washington
Post expressing its outrage at the Post for its failure to recognize GMU
in the "sports arena." Supervisor
Gross seconded the motion and it carried by a vote of eight, Supervisor Hyland
and Supervisor McConnell being out of the room.
52. SIMULTANEOUS
PROCESSING OF PLANS ASSOCIATED WITH PROFFERED CONDITION AMENDMENT PLANS PCA
84-L-020-21, PCA 84-L-020-22 AND FINAL DEVELOPMENT PLAN AMENDMENT APPLICATION
FDPA 84-L-020-2-12 (
Supervisor Kauffman stated that the Wal-Mart store in Kingstowne has had
an outstanding zoning violation that poses a general nuance for years. When the original Wal-Mart land use case was
approved, there was specific proffer language prohibiting outdoor storage of
merchandise. For years, Wal-Mart has
ignored that proffer. After several actions
by the Zoning Enforcement Division of the County, the powers to be at Wal-Mart
are finally responding to the violation by proposing a store expansion to accommodate
its needs and discontinue all outdoor storage.
Supervisor Kauffman noted that the store expansion plan has been filed
with the County and the Kingstowne community would like the Board to proceed
as expeditiously as possible. Therefore,
Supervisor Kauffman moved that Board allow the applicant to simultaneously process
site plans and building plans associated with Proffered Condition Amendment
Applications PCA 84-L-020-21, PCA 84-L-020-22 and Final Development Plan Amendment
Application FDPA 84-L-020-2-12. This motion should in no way prejudice the
Board's consideration of this application in anyway and should not relieve the
applicant of compliance with all applicable standards. Supervisor Bulova seconded the motion and it
carried by a vote of eight, Supervisor Hyland and Supervisor McConnell being
out of the room.
53. REQUEST FOR
OUT-OF-TURN PLAN AMENDMENT (
Supervisor Kauffman asked unanimous consent that the Board authorize an
Out-of-Turn Plan Amendment for the Richmond Highway Corridor property located
in the area bounded by
Supervisor Kauffman said that most of the area has been consolidated and
additional work has been done to estimate the density needed to bring about
quality redevelopment including significant transportation improvements. A preliminary proposal suggests a mixture of
mid-rise multifamily and townhouse units including age restricted senior housing.
He added that this density range merits exploration as redevelopment
would facilitate revitalization and provide a variety of housing, both of which
are Comprehensive Plan objectives established for the Richmond Highway Corridor.
Therefore, Supervisor Kauffman moved that the
Board authorize an Out-of-Turn Plan Amendment for the area bounded by Richmond
Highway, Buckman Road and Janna Lee Drive, in the area referenced by the Comprehensive
Plan as Recommendation 4 of the "Suburban Neighborhood
Areas between Hybla Valley/Gum Springs and South County CBCs" to allow
consideration of mixed use development to include retail and/or office use and
residential use up to 25 dwelling units per acre. Supervisor Hyland seconded the motion
and it carried by a vote of nine, Supervisor McConnell being out of the room.
54. RECESS/CLOSED SESSION (
At
(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. William E. Shoup, Fairfax County Zoning Administrator
v. Ira and
2. William E. Shoup,
3. William E. Shoup,
4. Courtyard Management Corporation, et al. v.
Board of Supervisors of
5. Board of Supervisors of Fairfax County,
6. County of Fairfax,
7. Jane W. Gwinn, Fairfax County Zoning Administrator
v. Susan C. Beck and Louis Kobus, Jr., In Chancery No. 173551 and 185927
(Fx. Co. Cir. Ct.) (Lee District)
8. Gary L. Dalton and Regina D.
9. Board of Supervisors of Fairfax County,
10. William E. Shoup, Fairfax County Zoning Administrator
v. Thecla C. Schulz and Coletta L. Schulz, In Chancery No. 175110 (Fx. Co.
Cir. Ct.) (Mason District)
11. William E. Shoup,
12. William E. Shoup,
13.
Claims Presented by
And in addition:
·
Ordinance to extend the cable television
franchise held by Comcast Cablevision of
·
The grievance appeal of Major E. Clemens;
Fairfax County Civil Service Commission
·
William E. Shoup,
·
Donald H. Cochran, et al. versus Michael
R. Bratti, et al., At Law Number 207043
Supervisor Bulova seconded the motion and it
carried by a vote of nine, Supervisor McConnell being out of the room.
PW:pw
At
ACTIONS FROM CLOSED SESSION
55. CERTIFICATION
BY BOARD MEMBERS REGARDING ITEMS DISCUSSED IN CLOSED SESSION (
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 DuBois seconded the motion and it carried by unanimous vote,
Supervisor Bulova, Supervisor DuBois, Supervisor Frey, Supervisor Gross, Supervisor
Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor McConnell, Supervisor
Smyth, and Chairman Connolly voting "AYE."
DMB:dmb
56.
(NOTE: At its
Supervisor DuBois
moved to defer the public hearing on Special Exception Application SE 2002‑DR‑036
until
57.
(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 March 11 and March 18, 2004.
Following the public hearing, which included
testimony by one speaker, discussion ensued with input from Regina C. Murray,
Senior Assistant to the Zoning Administrator, Department of Planning and Zoning
(DPZ), and Noel Kaplan, Senior Environmental Planner, Planning Division, DPZ,
and Lorrie Kirst, Deputy Zoning Administrator, Ordinance Administration Branch,
DPZ.
Following additional discussion, Supervisor Frey moved approval of the submission requirements for stormwater management facilities as advertised and shown in the staff report dated January 26, 2004, with an effective date of July 1, 2004. Supervisor Kauffman seconded the motion and it carried by a vote of six, Supervisor Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Kauffman, Supervisor Smyth, and Chairman Connolly voting "AYE," Supervisor Bulova, Supervisor DuBois, Supervisor Hyland, and Supervisor McConnell being out of the room.
Supervisor Frey moved that the Board direct staff to require the submission of Stormwater Management Facility information for all lot width variance applications that result in one or more additional lots being added to the list for prioritization at the time of consideration of the 2005 Zoning Ordinance Amendment Work Program. Supervisor Gross seconded the motion and it carried by a vote of six, Supervisor Bulova, Supervisor DuBois, Supervisor Hyland, and Supervisor McConnell being out of the room.
58.
(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 March 11 and March 18, 2004.
Following the public hearing, which included
input from John E. Reale, Assistant to the Zoning Administrator, Department
of Planning and Zoning, Supervisor Frey moved adoption of the proposed amendments
to the Code of the
59.
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 March 11 and March 18, 2004.
Following the public hearing, with input from Edgar Jones, Financial Manager, Wastewater Management Program, Department of Public Works and Environmental Services, Chairman Connolly closed the public hearing; however, keeping the record open until the Board takes action at the appropriate time.
(NOTE: Later
in the meeting, additional action was taken regarding this item.
See Clerk's Summary Item CL#74.)
60.
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 March 11 and March 18, 2004.
Following the public hearing, which included input from Kevin C. Greenlief, Director, Department of Tax Administration, Supervisor Bulova moved that the Board close 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 assets in order to qualify for the Elderly and Disabled Real Estate Tax Relief Program and to permit the proration of benefits during the year for elderly and disabled real estate tax relief while leaving the record open for oral and written testimony until April 19, 2004. Supervisor Gross seconded the motion and it carried by a vote of seven, Supervisor Frey, Supervisor Hyland, and Supervisor McConnell being out of the room.
61.
(NOTE: ThE
public hearing on the FY 2005 Effective Tax Rate Increase will be held on
62.
The application property is located at 2960 – 2988 Gallows Road, Tax Map 49-4 ((1)) 13 pt.
Mr. William C. Thomas, Jr. reaffirmed the validity of the affidavit for the record.
Mr. Thomas 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 Smyth disclosed the following campaign contribution which she had received:
· In excess of $200 from Mr. Richard A. Bacas
Chairman Connolly disclosed the following campaign contribution which he had received:
· In excess of $200 from Mr. Richard A. Bacas
Supervisor Kauffman disclosed the following campaign contribution which he had received:
· In excess of $200 from Mr. Bernard M. Fagelson
Supervisor Hyland disclosed the following campaign contribution which he had received:
· In excess of $200 from Mr. Bernard M. Fagelson
Following the public hearing, Leslie Johnson, Branch Chief, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.
Supervisor Smyth moved approval of Special Exception Amendment Application SEA 2002-PR-040, subject to the development conditions dated March 24, 2004. Supervisor Hyland seconded the motion and it carried by a vote of eight, Supervisor Frey and Supervisor McConnell being out of the room.
(NOTE: Later in the meeting, additional action was taken on this item. See Clerk's Summary Item CL#65.)
63.
Supervisor DuBois
moved to defer thE public hearing on Rezoning Application
RZ 2003-DR-031 until
64. 4 P.M. – JOINT PH ON THE PROPOSED SIX-YEAR VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) SECONDARY SYSTEM CONSTRUCTION PROGRAM FOR FISCAL YEARS (FY'S) 2005 THROUGH 2010 AND CONSTRUCTION BUDGET FOR FY 2005 (4:28 p.m.)
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 March 11 and March 18, 2004.
Following the public hearing, which included testimony by one speaker, discussion ensued with input from Leonard Seigel, Fairfax County Preliminary Engineer Manager, VDOT; Richard Burke, VDOT; and Charlie Strunk, Chief, Capital Projects Section, Fairfax County Department of Transportation.
Supervisor Hyland moved approval of the Secondary System Construction Program for FYs 2005 through 2010 and the Secondary System Construction Budget for FY 2005. Supervisor Kauffman seconded the motion and it carried by a vote of nine, Supervisor McConnell being out of the room.
65. ADDITIONAL
ACTION ON SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 2002-PR-040 (FAIRFAX PLAZA
COMPANY, A VIRGINIA LIMITED PARTNERSHIP) (PROVIDENCE DISTRICT) (
(NOTE: Earlier in the meeting, action was taken on this item. See Clerk's Summary Item CL#62.)
Regarding Special Exception Amendment Application SEA 2002-PR-040, Supervisor Smyth moved approval of a waiver of the additional standards 5a and 5d, set forth in Section 9-505 of the Zoning Ordinance. The motion, the second of which was inaudible, carried by a vote of nine, Supervisor McConnell being out of the room.
66.
The application
property is located at
Ms. Sarah E. Hall reaffirmed the validity of the affidavit for the record.
Ms. Hall 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 DuBois disclosed the following campaign contribution which she had received:
· Mr. Jorge A. Kfoury, a member and Co-Manager of NOVUS, LLC, the Title Holder Applicant made contributions in excess of $200 to her campaign through Spatium Development LLC, which is an entity not associated with this applicant.
Supervisor Hudgins disclosed the following campaign contribution which she had received:
· In excess of $200 from Mr. Jorge A. Kfoury, a Member and Co-Manager of NOVUS, LLC, and a Title Holder Applicant made contributions in excess of $200 to her campaign through Spatium Development LLC, which is an entity not associated with this applicant.
Following the public hearing, Aaron Shriber, Staff Coordinator, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.
Supervisor Hudgins moved approval of Proffered Condition Amendment Application PCA A-689-2, subject to the proffers dated February 10, 2004. Supervisor Gross seconded the motion and it carried by a vote of six, Supervisor DuBois, Supervisor Frey, Supervisor Hyland, and Supervisor Kauffman being out of the room.
67.
(R) 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 March 11 and March 22, 2004.
Diana Wolfrey, staff, Facilities Management Division, Department of Public Works and Environmental Services, presented the staff report.
Following the public hearing, Supervisor Smyth moved adoption of the Resolution authorizing the conveyance of County-owned property, Tax Map Number 48-3 ((25)) Lot A, to James S. Audia and Manual G. Serra with a restricted covenant in the deed that will run with the land for the benefit of the grantor and will indicate that there will be no use of the subject property at any time unless the subject property and the parcel enjoining that property are zoned in accordance with Rezoning Application RZ-2003-PR-037. Chairman Connolly seconded the motion and it carried by a vote of nine, Supervisor Bulova, Supervisor DuBois, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor McConnell, Supervisor Smyth, and Chairman Connolly voting "AYE," Supervisor Frey being out of the room.
(NOTE: Later in the meeting the Board took action relating to this property. See Clerk's Summary Item CL#71.)
68.
(NOTE: Later in the meeting, the public hearing was held. See Clerk's Summary Item CL#71.)
ADDITIONAL ACTION FROM CLOSED SESSION
69. OAK HILL OPEN SPACE AND CONSERVATION EASEMENTS
(
Supervisor Bulova moved that the Board:
· Authorize the temporary advance of $729,250 that the Board received from the Northern Virginia Conservation Trust as reimbursement for the purchase of the Hunter-Haycor property to purchase open-space and conservation easements jointly with the Fairfax County Park Authority and the Northern Virginia Conservation Trust on a property known as Oak Hill in Fairfax County, Tax Map Number 70-1 ((16)) parcel 285.
· Authorize staff to enter into the necessary agreements, provided that such agreements contain a right of first refusal for the Board and the Fairfax County Park Authority in the event the subject property is offered for sale in the future. The purpose of these easements will be to preserve open space and the historic character of the residence and grounds in keeping with the adopted policy plan of the Fairfax County Comprehensive Plan.
· Direct staff to make the appropriate funding adjustments at the Third Quarter Review with the understanding that the authorization for reimbursement of the $729,250 to the Board will be included in the next park bond referendum.
Supervisor Hyland
seconded the motion and it CARRIED
by a recorded vote of nine, Supervisor Bulova, Supervisor DuBois, Supervisor
Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman,
Supervisor Smyth, and Chairman Connolly voting "AYE," Supervisor McConnell voting "NAY."
AGENDA ITEMS
70.
(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 March 11 and March 18, 2004.
Following the public hearing, which included testimony by two speakers, Supervisor Hyland moved:
·
Adoption of the Ordinance to declare
·
Approval of the blight abatement plan for
Supervisor Gross seconded the motion and it carried by a vote of nine, Supervisor Bulova, Supervisor DuBois, Supervisor Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor McConnell, Supervisor Smyth, and Chairman Connolly voting "AYE, "Supervisor Kauffman being out of the room.
71.
(O) (NOTE: Earlier in the meeting, additional action was taken on this property. See Clerk's Summary Item CL#67.)
The application
property is located on the south side of
Supervisor Smyth said that there was an unusual affidavit circumstance. Based on the conveyance and sale earlier today, of Tax Map 48-3 ((1)) 25 and 48-3 ((25)) A, by the Board to James S. Audia, Trustee, and Manuel G. Serra, Trustee, a new date application has to be filed for Rezoning Application RZ 2003-PR-037 to reflect the Board as being the former owner and Mr. Audia and Mr. Serra as being the new owners as trustees. She said that the Board has a Policy that requires new affidavits to be submitted at least seven days before the Board public hearing, which can provide that the Board can approve a motion to allow the new affidavit less than seven days before the public hearing. The Board conducted the public hearing for the conveyance of Parcel A, and the Board is now the former title owner of that parcel.
Based on the forgoing unique circumstances, Supervisor Smyth moved that the Board waive the seven-day deadline to allow the revised filing of the affidavit for Rezoning Application RZ 2003-PR-037 today to reflect the names of the new owners of Parcel A and the identification of the Board as the former owner of the parcel. Supervisor DuBois seconded the motion.
Following discussion,
with input from David P. Bobzien, County Attorney, and J. Patrick Taves,
Deputy County Attorney, the question was called on the motion and it CARRIED by a recorded vote of eight,
Supervisor Bulova, Supervisor DuBois, Supervisor Frey, Supervisor Gross, Supervisor
Hudgins, Supervisor Hyland, Supervisor McConnell, and Supervisor Smyth voting
"AYE " Chairman Connolly
voting "NAY," Supervisor
Kauffman being out of the room.
Ms. Hillary K. Zahm reaffirmed the validity of the affidavit for the record.
Ms. Zahm 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 two speakers, Leslie Johnson, Branch Chief, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.
Supervisor Smyth moved amendment of the Zoning Ordinance, as it applies to the property which is the subject of Rezoning Application RZ 2003-PR-037, from the I-5 and R-20 Districts to the PDH-20 District, subject to the proffers dated March 29, 2004. Chairman Connolly seconded the motion and it carried by a vote of eight, Supervisor Bulova, Supervisor DuBois, Supervisor Frey, Supervisor Gross, Supervisor Hyland, Supervisor Kauffman, Supervisor Smyth, and Chairman Connolly voting "AYE," Supervisor Hudgins and Supervisor Kauffman being out of the room.
Supervisor Smyth moved:
· Waiver of the requirement for a 200 square foot privacy yard for each dwelling unit.
· Waiver of Section 6-0303.8 of the Public Facilities Manual to allow underground stormwater management facilities as depicted on the CDP/FDP and as outlined in the Proffers.
Chairman Connolly seconded the motion and it carried by a vote of eight, Supervisor Hudgins and Supervisor Kauffman being out of the room.
72.
The application
property is located at the northeast quadrant of the intersection of
Mr. Martin Walsh reaffirmed the validity of the affidavit for the record.
Mr. Walsh had filed the necessary notices showing that at least 25 adjacent and/or interested parties had been notified of the date and hour of this public hearing and he proceeded to present his case.
Chairman Connolly disclosed the following campaign contribution which he had received:
· In excess of $200 from Mr. T. Eugene Smith
Supervisor Frey disclosed the following campaign contribution which he had received:
· In excess of $200 from Mr. William J. McMenamin, Fairfax Center Commercial, LLC
Following the public hearing, Kristen Shields, Staff Coordinator, 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 1998-SU-040-02, subject to the proffers dated January 30, 2004.
· Waiver of the sign regulations to permit an increase of allowed sign area from 475 square feet to 592 square feet, pursuant to Section 9-620 of the Zoning Ordinance.
Supervisor Frey seconded the motion and it carried by a vote of nine, Supervisor Hyland being out of the room.
73. BOARD RECESS
(
At 5:26 p.m., the Board recessed, and, at 7:30 p.m., reconvened for the first of three nights of public hearings on Fiscal Year 2005 Budget in the Board Auditorium with all Members being present, and with Chairman Connolly presiding.
74. CLARIFICATION ON PROPOSED AMENDMENTS TO THE CODE OF THE
(NOTE: Earlier in the meeting, the Board held a public hearing on this item and left the record open. See Summary Item CL#59.)
Supervisor
Bulova referenced the earlier public hearing on the
proposed amendments to the Code of the
County of Fairfax, Chapter 67.1, (Sanitary Sewers and Sewage Disposal) Article
10, Charges, to revise the sewer service charges and the availability fees,
and moved:
·
To leave the record open for oral and
written testimony until
·
Defer decision on the proposed amendments to revise the sewer service change
and the availability fees until
Supervisor Gross seconded the motion and it carried by a vote of nine, Supervisor Hyland being out of the room.
(NOTE: Later in the meeting, the Board revised this action. See Clerk's Summary Item CL#77.)
75.
(NOTE: Later in the meeting, the public hearing was held. See Clerk's Summary Item CL#77.)
76. 7:30 P.M. - PH ON THE COUNTY EXECUTIVE’S PROPOSED FISCAL YEAR (FY) 2005 ADVERTISED BUDGET PLAN, THE ADVERTISED CAPITAL IMPROVEMENT PROGRAM (CIP) FOR THE FY'S 2005–2009 (WITH FUTURE FY'S TO 2014), AND THE CURRENT APPROPRIATION IN THE FY 2004 REVISED BUDGET PLAN (7:32 p.m.)
A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearings were duly advertised in that newspaper as follows:
·
·
The current appropriation in the FY
2004 revised Budget Plan on
Chairman
Connolly opened the first of three nights of public hearings on the Fiscal Year
2005 Budget as proposed by the
(NOTE: Later in the meeting, this public hearing was held. See Clerk's Summary Item CL#78.)
77. CORRECTION TO PRIOR MOTION REGARDING PROPOSED AMENDMENTS TO THE CODE OF THE
(NOTE: Earlier in the meeting, the Board took action on this item. See Clerk's Summary Item CL#74.)
Supervisor Bulova moved that the prior motion should read defer to April 19, 2004, at 10 a.m. Chairman Connolly seconded the motion and it carried by a vote of nine, Supervisor Hyland being out of the room.
78. 7:30 P.M. - PH ON THE COUNTY EXECUTIVE’S PROPOSED FISCAL YEAR (FY) 2005 ADVERTISED BUDGET PLAN, THE ADVERTISED CAPITAL IMPROVEMENT PROGRAM (CIP) FOR THE FY'S 2005–2009 (WITH FUTURE FY'S TO 2014) AND THE CURRENT APPROPRIATION IN THE FY 2004 REVISED BUDGET (7:34 p.m.)
(NOTE: Earlier in the meeting, this public hearing was called. See Summary Item CL#75.)
A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearings were duly advertised in that newspaper as follows:
·
·
The current appropriation in the FY
2004 revised Budget Plan on
Chairman Connolly continued the Fiscal Year
2004 Budget public hearings and testimony was presented by one speaker.
(NOTE: Later
in the meeting, this public hearing was continued. See Clerk's Summary Item CL#79.)
79. 7:30 P.M. -PH ON PROPOSED AMENDMENTS TO THE
CODE OF THE COUNTY OF FAIRFAX, CHAPTER 4 (TAXATION AND FINANCE), REGARDING THE
IMPOSITION OF TRANSIENT OCCUPANCY TAXES AND PENALTIES AND CONTINUATION OF THE
COUNTY EXECUTIVE’S PROPOSED FISCAL YEAR (FY) 2005 ADVERTISED BUDGET PLAN, THE
ADVERTISED CAPITAL IMPROVEMENT PROGRAM (CIP) FOR THE FY'S 2005–2009 WITH FUTURE FY'S TO 2014) AND THE CURRENT APPROPRIATION
IN THE FY 2004 REVISED BUDGET
(NOTE: This is a continuation of the public hearing which was called earlier in the meeting. See Clerk's Summary Item CL#78.)
A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearings were duly advertised in that newspaper as follows:
·
The proposed amendment to the Code of
the
Chairman Connolly
announced the public hearing regarding the proposed amendments to the Code of the
(
Following the testimony of Michael Mohler, Representative, Fairfax County Professional Firefighters and Paramedics, Local 2068 (Speaker 38), Supervisor Gross asked unanimous consent that the Board direct staff to provide the Board with a chart to supplement the information on market augmented pay that was provided to the Board in his handout. Without objection, it was so ordered.
(
Following the
testimony of Mr. John Walker, Representative, Election Officers (Speaker 39),
Supervisor Frey asked unanimous consent that the Board direct staff to provide
the cumulative total cost for increasing the daily stipend paid to precinct
election officers who work on election day at
The public hearing was held with testimony presented by 55 speakers.
Supervisor Bulova
moved that the Board close the public hearing on the proposed amendments to
the Code of the
80. BOARD RECESS
(
At 11:15 p.m., Chairman Connolly announced
that the Board would recess until March 30, 2004, at 6 p.m., at which time there
will be continuation of the public hearings regarding the:
·
Proposed Adoption of the
· Capital Improvement Program for FY 2005 - 2009 (with future FYs to 2014).
· Current Appropriation Level in the FY 2004 Revised Budget Plan.