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).
11-04
DET:det
The meeting
was called to order at
Supervisor McConnell
arrived 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 MATTER
1. MOMENT OF SILENCE (
Chairman Connolly requested everyone to remember
the situation in
AGENDA ITEMS
2. CERTIFICATES
OF RECOGNITION PRESENTED TO SOUTH LAKES HIGH SCHOOL GIRLS’ FREESTYLE RELAY
TEAM (
Supervisor Hudgins moved approval of the Certificates
of Recognition presented to members of the South Lakes High School Girls’
Freestyle Relay Team for their accomplishments.
Supervisor Hyland seconded the motion and it carried by a vote of nine,
Supervisor McConnell not yet having arrived.
3. CERTIFICATES OF RECOGNITION PRESENTED TO
WESTFIELDS HIGH SCHOOL TRACK AND FIELD TEAMS (
Supervisor Frey moved approval of the Certificates
of Recognition presented to members of the Westfields High School Track and
Field Teams for their accomplishments. Supervisor Hyland seconded the motion and it
carried by a vote of nine, Supervisor McConnell not yet having arrived.
4. PROCLAMATION DESIGNATING
Supervisor Hudgins moved approval of the Proclamation
to designate
5. PROCLAMATION DESIGNATING MAY 2004 AS "FOSTER CARE AND FOSTER RECOGNITION MONTH"
IN
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and moved approval of the Proclamation to designate May
as “Foster Care and Foster Recognition
Month” in
Supervisor Hudgins noted that
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
6. PROCLAMATION DESIGNATING MAY 2004 AS “ASIAN/PACIFIC
AMERICAN HERITAGE MONTH” IN
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and moved approval of the Proclamation to designate May
2004, as “Asian/Pacific American Heritage Month” in
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
7. PROCLAMATION DESIGNATING
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and moved approval of the Proclamation to designate
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
8. PROCLAMATION DESIGNATING MAY 2004 AS “COMMUNITY
ACTION MONTH” IN
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and moved approval of the Proclamation to designate May
2004 as “Community Action Month” in
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
9. PROCLAMATIONS DESIGNATING MAY 2004 AS “NURSES
MONTH” AND
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and moved approval of the Proclamations to designate
May 2004 as “Nurses Month” and
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
10. PROCLAMATION DESIGNATING MAY 2004 AS “OLDER
AMERICANS MONTH” IN
Supervisor Gross moved approval of the Proclamation
to designate May 2004 as “Older Americans Month” in
11. PROCLAMATION DESIGNATING APRIL 25 -
Supervisor Gross moved approval of the Proclamation
to designate April 25 –
Supervisor Gross noted that the Soil and Water
Conservation District has a website: www.fairfaxcounty.gov/nvswcd. Chairman Connolly relinquished the Chair to Vice-Chairman
Bulova and asked unanimous consent that the Board provide this information
to Merni Fitzgerald, Director, Office of Public Affairs, for advertisement
on Channel 16. Without objection it
was so ordered.
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
NV:nv
12.
ADOPTION OF THE FISCAL YEAR (FY) 2005 BUDGET
PLAN
ACTION ON CONSOLIDATED COMMUNITY FUNDING POOL
(CCFP) RECOMMENDATIONS FOR FYs 2005 AND 2006
ADOPTION OF THE
(NOTE: The
public hearing regarding proposed amendments to the Code of the
(NOTE: The public hearings for the remaining items
were held
Following opening remarks, with input from Susan Datta, Director, Department of Management and Budget, Supervisor Bulova noted that intrinsic in the actions the Board will take regarding the budget is the assumption that the State will adopt its budget in the near future.
Supervisor Bulova moved that the Board direct staff to continue to monitor the State's adoption of its budget closely and to be prepared to return with proposals to amend the Budget adopted today in order to meet the State's funding failures. Supervisor Kauffman seconded the motion.
Following discussion, with input from Anthony H.
Griffin,
(NOTE: Later in the meeting, staff presented additional
information about the State’s budget situation. See Clerk’s
Sewer
Service Charges And Availability Fees
(O) Supervisor
Bulova moved adoption of the proposed amendments to the Code of the
· Subsection (d) Service Charges to maintain the sewer service charges on a multi year basis as included in the ordinance amendment. The sewer service charge rate will be $3.20 per 1,000 gallons. This is an increase from the FY 2004 service charge of $3.03 per 1,000 gallons.
· Subsection (a) Availability Charges, to maintain the availability charges on a multi year basis as included in the ordinance amendment. The availability fee for a single family residence increases to $5,621 from the $5,431 in FY 2004.
Supervisor Gross
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."
Real
Property Tax Rate
Following an explanatory statement, Supervisor
Bulova moved that:
·
The Board provisionally
set the real property tax rate at $1.13 per $100 of assessed value. The rate is adopted provisionally with the assumption
that at least $677.8 million in State funding will be included as part of
FY 2005 General Fund receipts. As a
result of this action, the real property tax rate will be greater than the
rate specified by Virginia Code §58.1-3321
(a), but the real property tax rate for calendar year 2004 will be reduced,
provisionally, by $0.03 from the present rate at $1.16 per $100 of assessed
value.
·
The matter of setting the real property
tax rate be continued to a regularly scheduled meeting on or before
Supervisor Hyland seconded the
motion.
Chairman Connolly noted his intention to schedule
the final adoption vote for the regular Board meeting immediately following
any action by the General Assembly.
Following discussion, the question was called
on the motion and it CARRIED
by a recorded 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 voting “NAY.”
(NOTE: Later
in the meeting, the Board clarified this action. See Clerk’s
FY 2005 Tax Rate Resolution
(R) Having provisionally established the real property
tax rate at $1.13 per $100 of assessed value in accordance with Virginia Code §58.1-3321, Supervisor Bulova
moved:
·
That the Board provisionally approve
the FY 2005 Tax Rate Resolution Adopting Tax Rates for
·
That the FY 2005 Tax Rate Resolution
provisionally approved today be returned to the Board on the same day and
in conjunction with the continuation of the matter of setting the real property
tax rate.
Supervisor Kauffman seconded the motion and
it CARRIED by a recorded
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 voting “NAY.”
(NOTE: Later
in the meeting, the Board clarified this action. See Clerk’s
Real
Estate Tax Relief For The Elderly And Disabled
(O) (NOTE: On March 29, 2004, the Board conducted a public
hearing on increasing the eligibility requirement for assets in order to qualify
for the County's program of providing tax relief to certain elderly and disabled
persons and to permit the proration of benefits during the year, and the Board
kept that record open until April 19, 2004.)
Supervisor Bulova moved adoption of the proposed
amendments to the Code of the
·
Increasing the combined net financial
worth threshold for applicants from $190,000 to $240,000.
·
Permitting the proration of tax relief
benefits for otherwise eligible applicants who turn 65 during the tax year
or for applicants as of the date they become duly certified as permanently
and totally disabled. Without such
an amendment, such applicants must wait until the following year to begin
receiving tax relief benefits.
Supervisor Gross and Supervisor Hyland jointly
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.”
FY
2005 Revenue Diversification
Transient Occupancy Tax
(O) Supervisor
Bulova moved:
·
Approval of the proposed amendments
to the Code of the County of Fairfax, Chapter 4 (Taxation and Finance), Sections
4-13-1, 4‑13-2, and 4-13-10 to impose an additional two percent transient
occupancy tax beginning July 1, 2004, resulting in additional revenue of $7
million.
·
That no less than 25 percent of the
additional revenue or $1.75 million will be designated for and appropriated
to a non-profit convention and visitor’s bureau located in
Supervisor Hyland seconded the motion and discussion
ensued.
Following discussion, Supervisor Hudgins asked
unanimous consent that the Board direct staff to examine the transient occupancy
tax as a source of funding for the Greater Reston Chamber of Commerce Incubator
Program and provide that information when the Board revisits the budget prior
to June 7 and as early as May 10. Without
objection, it was so ordered.
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.”
Emergency
(A) Supervisor Bulova moved that the Board authorize
the advertisement a public hearing to be held before the Board on May 24, 2004, at 4:30 p.m. to consider
proposed amendments to the Code of the County of Fairfax, Chapter 4 (Taxation
and Finance), Section 25-1, regarding imposing fees for Basic Life Support
transports, for Advanced Life Support, level 1 transports, and Advanced Life
Support, level 2 transports, plus an additional fee for loaded miles traveled
for ground transport mileage provided by vehicles operated or maintained by
Fairfax County or permitted to Fairfax County, as described in the ordinance.
If adopted, this ordinance would become effective on or after January
1, 2005. Supervisor Kauffman seconded the motion.
Following discussion, with input from Ms. Datta,
the question was called on the motion and it CARRIED by a recorded vote of nine, Supervisor Frey voting
“NAY.”
FY
2005 Appropriation Resolution for County Agencies/Funds
(APR) Supervisor Bulova moved approval of the FY 2005 Appropriation
Resolution for County Agencies/Fund as reflected in Attachment III of the
Board Agenda Item dated
(NOTE: Later
in the meeting, the Board clarified this action. See Clerk’s
FY
2005 Appropriation Resolution for School Board Funds
(APR) Supervisor Bulova moved approval of the FY 2005 Appropriation
Resolution for School Board funds as reflected in Attachment IV of the Board
Agenda Item dated
(NOTE: Later
in the meeting, the Board clarified this action. See Clerk’s
FY
2005 Fiscal Planning Resolution
(FPR) Supervisor Bulova moved approval of the FY 2005 Fiscal
Planning Resolution as reflected in Attachment V of the Board Agenda Item
dated
(NOTE: Later
in the meeting, the Board clarified this action. See Clerk’s
FY
2005 – 2009 Capital Improvement Program (CIP)
Supervisor Bulova
moved adoption of the FY 2005 – FY 2009 CIP (with future FYs to 2014)
as amended on
Consolidated
Community Funding Pool (CCFP) Recommendations For Fiscal Years (FY) 2005 And
2006
Supervisor Bulova moved:
·
Adoption of the CCFP contract list
and associated award of funds as recommended in Table A of the
·
That in accordance with the CCFP multi-year
award process, the Board accept the SAC recommendations for FY 2006 funding
contingent upon the Board’s decision regarding the CCFP appropriation to be
determined in the FY 2006 budget process and by the availability of Community
Development Block Grant funds for capital projects.
Supervisor Hyland seconded the motion.
With reference to Good Shepherd Housing and
Family Services Incorporated, Supervisor Hyland asked unanimous consent that
the Board direct staff to consider, during the contract negotiation process,
moving some of the funds within that grant award so that emergency services
are covered and return with a recommendation.
Without objection, it was so ordered.
Following discussion, the question was called
on the motion and it carried by unanimous vote.
BOARD MATTER
13. CAR TAX REIMBURSEMENT (
(NOTE: Earlier
in the meeting, the Board took action regarding the County's Budget.
See Clerk's Summary Item CL#12.)
Chairman Connolly said that in its continuing
debate as to how to balance the State budget, he is concerned that the General
Assembly will cap the car tax reimbursement at a dollar rate, rather than
a percentage rate.
Accordingly, Chairman Connolly relinquished
the Chair to Vice-Chairman Bulova and asked unanimous consent that the Board
direct staff to return with the implications on the County’s budget of a cap.
Without objection, it was so ordered.
Chairman Connolly moved that the Board direct
staff to send a letter under the Chairman’s signature to the County’s General
Assembly representatives advising them of the administrative issues and, if
a cap is to be adopted, urging them to continue to reimburse localities based
on a percentage of tax due, rather than capping this at an absolute dollar
amount. Supervisor Hyland seconded
the motion.
Following discussion, with input from Ms. Datta,
Chairman Connolly asked to amend his motion to direct staff to return with
the letter before the end of the day, and this was accepted.
The question was called on the motion, as amended,
and it carried by unanimous vote.
There was a brief discussion following the vote.
(NOTE: Later in the meeting, staff briefed the
Board on this issue. See Clerk’s
14.
(APPTS)
(BACs) A. HEATH ONTHANK
MEMORIAL AWARD SELECTION COMMITTEE
The Board deferred the appointment of the Sully
District Representative to the A. Heath Onthank Memorial Award Selection
Committee.
ADVISORY
SOCIAL SERVICES BOARD
The Board deferred the appointments of the
AIRPORTS
ADVISORY COMMITTEE
The Board deferred the appointments of the Braddock
and Hunter Mill District Representatives to the Airports Advisory Committee.
ANIMAL
SERVICES ADVISORY COMMISSION
The Board deferred the appointments of the Braddock
and Dranesville District Representatives to the Animal Services Advisory Commission.
ATHLETIC
COUNCIL
Supervisor Kauffman moved the reappointment
of Mr. Steven Saulnier as the Lee District Alternate Representative
to the Athletic Council. Supervisor
Hyland seconded the motion, which carried by unanimous vote.
CONFIRMATION:
Supervisor
Hudgins moved the confirmation of the following appointment to the Athletic
Council:
·
Mr. George Lovelace
as the
Supervisor DuBois 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
The Board deferred the appointments of the Appraiser
#1 and Appraiser #3 Representatives to the Board of Equalization of Real Estate
Assessments.
COMMISSION
ON ORGAN AND TISSUE DONATION AND TRANSPLANTATION
Chairman Connolly moved the appointment of Averett
Tombes, Ph.D. to fill the unexpired term of Ms. Katherine Fisher as the
At-Large Chairman's Representative to the Commission on Organ and Tissue Donation
and Transplantation. Supervisor Hyland
seconded the motion, which carried by unanimous vote.
The Board deferred the appointments of the At-Large
Minority Representative and the Sully District Representative to the Commission
on Organ and Tissue Donation and Transplantation.
Supervisor
Smyth moved the reappointment of Ms. Charlotte Pennington as the Providence
District Representative to the Community Action Advisory Board. Chairman Connolly seconded the motion, which
carried by unanimous vote.
CONFIRMATION:
Supervisor
Kauffman moved the confirmation of the following appointment to the Community
Action Advisory Board:
·
Mr. Steven Bloom
as the
Supervisor Bulova 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.
CRIMINAL JUSTICE ADVISORY BOARD
Supervisor
Gross moved the appointment of Mr. Andrew Hunter as the Mason District
Representative to the Criminal Justice Advisory Board. Chairman Connolly seconded the motion, which
carried by unanimous vote.
Supervisor
Frey moved the reappointment of Mr. Peter Sirh as the Sully District
Representative to the Criminal Justice Advisory Board. Supervisor McConnell seconded the motion, which
carried by unanimous vote.
ENGINEERING
STANDARDS REVIEW COMMITTEE
CONFIRMATION:
Supervisor
Hyland moved the confirmation of the following appointment to the Engineering
Standards Review Committee:
·
Mr. Scott St. Clair
as the Department of Public Works and Environmental Services Representative
Supervisor Bulova 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.
CONFIRMATIONS:
Supervisor
Hyland moved the confirmation of the following appointments to the Fairfax
Community Long Term Care Coordinating Council:
·
Mr. Darryl Harrison
as a Business/Corporation Representative
·
Mr. Robert Hager
as the INOVA Health Systems Alternate Representative
Supervisor Bulova seconded the motion, which
carried by unanimous vote.
The Board deferred the appointment of the Archaeologist
Representative to the History Commission.
The Board
deferred the appointment of the Springfield District #2 Representative to
the Human Services Council.
LIBRARY BOARD
The Board
deferred the appointment of the Providence District Representative to the
Library Board.
OVERSIGHT COMMITTEE ON DRINKING AND DRIVING
Supervisor
Smyth moved the appointment of Mr. Lawrence Pavlinski to fill the unexpired
term of Ms. Eileen Nelson as the Providence District Representative to the
Oversight Committee on Drinking and Driving. Supervisor Bulova seconded the motion, which
carried by unanimous vote.
CONFIRMATION:
Supervisor
Hyland moved the confirmation of the following appointment to the Oversight
Committee on Drinking and Driving:
·
The Honorable William J. Minor,
Jr. as the
Supervisor Bulova seconded the motion, which
carried by unanimous vote.
The Board
deferred the appointments of the Braddock, Lee, and Mason District Representatives
to the Oversight Committee on Drinking and Driving.
REDEVELOPMENT AND HOUSING AUTHORITY
Chairman
Connolly moved the reappointment of Mr. Willard Jasper as the At-Large
#1 Representative to the Redevelopment and Housing Authority. Supervisor Kauffman seconded the motion, which
carried by unanimous vote.
Supervisor
Kauffman moved the reappointment of Mr. Albert McAloon as the Lee District
Representative to the Redevelopment and Housing Authority. Chairman Connolly seconded the motion, which
carried by unanimous vote.
Supervisor
Smyth moved the reappointment of Mr. Conrad Egan as the Providence
District Representative to the Redevelopment and Housing Authority. Chairman Connolly seconded the motion, which
carried by unanimous vote.
Supervisor
Frey noted that Mr. Kenneth Butler, Sully District Representative to the Redevelopment
and Housing Authority, would continue to serve until his term expired in July,
at which time he did not wish to be reappointed.
ROAD VIEWERS BOARD
The Board
deferred the appointments of the At-Large #1 and At-Large #4 Representatives
to the Road Viewers Board.
ROUTE 28 HIGHWAY TRANSPORTATION DISTRICT ADVISORY
BOARD
Supervisor
Frey moved the appointment of Mr. Scott Crabtree to fill the unexpired
term of Mr. Dallas Hutchison as the Resident/Owner #1 Representative to the
Route 28 Highway Transportation District Advisory Board. This motion, the second to which was inaudible,
carried by a unanimous vote.
TENANT LANDLORD COMMISSION
The Board
deferred the appointments of the Condominium Owner and Landlord Member #3
Representatives to the Tenant Landlord Commission.
TREE
COMMISSION
CONFIRMATIONS:
Supervisor
Gross moved the confirmation of the following appointments to the Tree Commission:
·
Mr. David Bulova
as the Northern Virginia Soil and Water Conservation District Representative
·
Ms. Rachel Rifkind
as the Environmental Quality Advisory Council Representative
Supervisor Bulova seconded the motion, which
carried by unanimous vote.
AD
HOC COMMITTEES
LAUREL
HILL ADAPTIVE REUSE PLAN ADVISORY COMMITTEE
Supervisor
McConnell moved the appointment of Ms. Elizabeth Bradsher as the Springfield
District Representative to the Laurel Hill Adaptive Reuse Plan Advisory Committee.
Chairman Connolly seconded the motion, which carried by unanimous vote.
The Board
deferred the appointment of the Lee District Representative to the Laurel
Hill Adaptive Reuse Plan Advisory Committee.
The Board deferred the appointment of the Sully
District Representative to the Telecommunication Land Use Regulations Task
Force-Monopoles.
15. ADMINISTRATIVE
ITEMS (
Supervisor Gross moved approval of the Administrative Items with the exception of Admin 5. Supervisor Hyland 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."
ADMIN
1 – SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 04081 FOR THE HEALTH DEPARTMENT’S
WOMEN, INFANTS, AND CHILDREN (WIC) GRANT
(SAR) Approved
ADMIN
2 – SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) FOR THE FIRE AND RESCUE DEPARTMENT
(FRD) TO ACCEPT AN AWARD FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FOR THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM
(SAR) Approved the SAR AS 04080 in the amount of $80,002 for
FRD to accept grant funds from FEMA for the Assistance to Firefighters Grant
Program. Of this amount, $56,001 is
available through the Assistance to Firefighters Grant, and the remaining
$24,001 is the required local cash match of 30 percent which is required for
fire departments serving populations over 50,000.
ADMIN
3 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON A PROPOSAL TO PROHIBIT
THROUGH TRUCK TRAFFIC ON HOLLOMAN ROAD AND KENNEDY LANE AS PART OF THE RESIDENTIAL
TRAFFIC ADMINISTRATION PROGRAM (R-TAP) (MASON DISTRICT)
(A) Authorized the advertisement of a public hearing
to be held before the Board on
·
·
ADMIN
4 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON
A PROPOSAL TO PROHIBIT THROUGH TRUCK TRAFFIC ON SHREVE ROAD AS PART OF THE
RESIDENTIAL TRAFFIC ADMINISTRATION PROGRAM (R-TAP) (PROVIDENCE DISTRICT)
(A) Authorized the advertisement of a public hearing
to be held before the Board on
·
ADMIN
5 – AUTHORIZATION TO ADVERTISE PUBLIC HEARINGS TO CONSIDER PROPOSED AMENDMENTS
TO THE PUBLIC FACILITIES MANUAL (PFM)
(NOTE: Later in the meeting, action was taken on this item. See Clerk's Summary Item CL#16.)
ADMIN
6 – AUTHORIZATION FOR THE FAIRFAX COUNTY OFFICE OF THE SHERIFF TO SUBMIT A
GRANT APPLICATION TO THE VIRGINIA DEPARTMENT OF CRIMINIAL JUSTICE SERVICES
FOR GRANT FUNDING FOR THE 2004 CRIMINAL JUSTICE RECORD SYSTEM IMPROVEMENT
PROGRAM
(A) Authorized the Sheriff's Office to apply for the
2004 Criminal Justice Record System Improvement Program in the amount of $17,763
to purchase live scan equipment for implementation of a system to begin transmitting
fingerprint images electronically to enhance the timeliness, accuracy, and
completeness of criminal history information for background investigations
on potential sworn law enforcement staff, civilian, and volunteer applicants.
The required local cash match of 25 percent is $4,441.
The grantor will provide $13,322.
ADMIN
7 – STREETS INTO THE SECONDARY SYSTEM (DRANESVILLE, HUNTER MILL,
(R) Approved the
request that the streets listed below be accepted into the State
Secondary
System.
|
Subdivision |
District |
Street |
|
Holly Knoll Section 10 Land Bay B The Section 2 The Section 3 Westfields,
Opus 1 |
Dranesville Hunter Mill Sully |
Leesburg Pike Route 7 Additional ROW Only Route 6960 Route 5320 Additional ROW Only Route 6070 Rocky Route 8461 Additional ROW Only |
ADMIN
8 – ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION APPLICATION
SE 01-V-002, PETER A. AND VIRGINIA W. FIELD (ENGLISH COUNTRY GARDENS) (MOUNT
VERNON DISTRICT)
(AT) Approved the request for 18 months of additional time
to commence construction for Special Exception Application SE 01-V-002 to
ADMIN
9 – ADDITIONAL TIME TO COMMENCE
(AT) Approved the request for 12 months of additional time
to commence construction for Special Exception Amendment Application SEA 87-A-017
to
ADMIN
10 – EXTENSION OF REVIEW PERIOD FOR 2232 PUBLIC FACILITY REVIEW APPLICATION
(DRANESVILE DISTRICT)
Approved the extension of the review period
for Public Facility (2322) Review Application FS-D04-20 to
ADMIN
11 – COMMUTER PARKING AT SPRINGFIELD MALL (
·
Approved in substantial form, the
amendment Agreements with the Springfield Mall and the Virginia Department
of Transportation for reduced commuter parking.
·
Authorized the Director of the Department
of Transportation to execute these agreements.
16. ADMIN 5
– AUTHORIZATION TO ADVERTISE PUBLIC HEARINGS TO CONSIDER PROPOSED AMENDMENTS
TO THE PUBLIC FACILITIES MANUAL (PFM)
(
(A) (NOTE: Earlier in the meeting, the Board took action to consider this item separately. See page 16.)
Supervisor Smyth asked unanimous consent that the Board direct staff to consider additional amendments to the overall Policy in stormwater management particularly regarding infiltration trenches. Without objection, it was so ordered.
Discussion ensued with input from Jimmie D.
Jenkins, Acting Director, Department of Public Works and Environmental Services;
Chuck Almquist, Transportation Planner, Site Analysis Section, Transportation
Planning and Operations Division, Department of Transportation; and John Foster,
Assistant County Attorney.
Supervisor Frey moved that the Board authorize
the advertisement of a public hearing to be held before the
the Board on
(NOTE: Later
in the meeting, the Board took further action regarding PFM amendments.
See Clerk's Board Summary Item CL#47.)
17. A-1
– APPLICATION OF WASHINGTON GAS LIGHT COMPANY FOR AN EXPEDITED INCREASE IN
RATES AND CHARGES AND REVISIONS TO THE TARIFFS AND TERMS AND CONDITIONS OF
SERVICE FOR NATURAL GAS SERVICE, STATE CORPORATION COMMISSION (SCC) CASE NUMBER
PUE‑2003-00603
(11:40 a.m.)
Supervisor Bulova moved that the Board concur
in the recommendation of staff and authorize the Department of Cable Communications
and Consumer Protection and the
Following discussion, the question was called
on the motion and it carried by unanimous vote.
18. A-2 – STRENGTHENING THE EFFECTIVENESS OF THE COUNTY’S EROSION AND SEDIMENT
CONTROL PROGRAM (
Supervisor Gross moved
that the Board concur in the recommendation of staff and authorize the Director
of the Department of Public Works and Environmental Services (DPWES) to implement,
effective July 1, 2004, both a tiered schedule for conservation deposits associated
with non-bonded single lot grading plans and a conservation agreement.
Supervisor Bulova seconded the motion.
Discussion ensued with
input from Craig Carinci, Director, Environmental and Facilities Inspections
Division, DPWES.
Supervisor Hyland asked
unanimous consent that the Board direct staff to review and respond to a letter
he received from Glenda Booth, Chairman, Wetlands Board, regarding issues
her board has regarding this plan and share the response with the Board. Without objection, it was so ordered.
Supervisor Smyth asked
to amend the motion to direct staff to review and report expeditiously regarding
enhancing the erosion and sediment control minimum standards for larger scale
developments to better protect downstream properties from runoff.
Following discussion, with input from Mr. Carinci, this was accepted.
Following further discussion,
Supervisor McConnell asked to amend the motion to direct staff to consider
increasing the number of inspectors as part of the plan for strengthening
this program to enforce the standards, and this was accepted.
Following discussion, with
input from Mr. Carinci, Supervisor DuBois asked to amend the motion to direct
staff to consider reevaluating the fees and penalties for violating the standards
resulting in numerous inspections, and this was accepted.
Supervisor DuBois asked
unanimous consent that the Board direct staff to refer erosion and sediment
issues involving swimming pool installations to the Board's Development Process
Committee for review. Without objection,
it was so ordered.
Supervisor Kauffman asked
to amend the motion to direct staff to take into account the change in the
nature of development taking place in regard to the close proximity of houses
and grading, and this was accepted.
The question was called on the motion, as amended, and it carried by unanimous vote.
19. A-3 – AUTHORIZATION TO SUBMIT A SECTION 108 LOAN APPLICATION IN THE
AMOUNT OF $1 MILLION TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) FOR LAND ACQUISITION, CONSOLIDATION, AND CONSTRUCTION OF A TOWN CENTER
IN THE RICHMOND HIGHWAY REVITALIZATION AREA (MOUNT VERNON AND LEE DISTRICTS)
(11:55 a.m.)
On motion of Supervisor
Hyland, seconded by Supervisor Kauffman, and carried by unanimous vote, the
Board concurred in the recommendation of staff and authorized the submission
of the $1 million Section 108 loan application to HUD for the acquisition
and consolidation of parcels in the Richmond Highway Revitalization Area and
the construction of a town center.
20. A-4 – APPROVAL OF PROPOSED CONSOLIDATED PLAN ONE-YEAR ACTION PLAN FOR
FY 2005 (
On motion of Supervisor
Hudgins, seconded by Supervisor Hyland, and carried by unanimous vote, the
Board concurred in the recommendation of staff and:
·
Adopted the Proposed
Consolidated Plan One-Year Action Plan for FY 2005 as issued by the Consolidated
Community Funding Advisory Committee.
·
Adopted the amendment to the Five-Year
Consolidated Plan for FY 2001-2005 to incorporate a Community Development
Block Grant Neighborhood Revitalization Strategy in accordance with the US
Department of Housing and Urban Development (HUD) Regulations and Guidelines.
·
Authorized signature of the Consolidated
Plan Certifications and Federal funding application forms (SF424s) required
by HUD.
21. A-5 – APPROVAL OF A PROJECT AGREEMENT AND FUNDING FOR THE LOCAL CASH
MATCH FOR THE RICHMOND HIGHWAY PUBLIC TRANSPORTATION INITIATIVE (MOUNT VERNON
AND LEE DISTRICTS) (11:56 a.m.)
On motion of Supervisor Kauffman, seconded by
Supervisor Hyland, and carried by unanimous vote, the Board concurred in the
recommendation of staff and approved a project agreement, in substantial form,
for the Virginia Department of Transportation Revenue Sharing Funds totaling
$250,000 awarded to the County, and the required $250,000 in local cash match
from the Northern Virginia Transportation Commission.
22. I-1 – FAIRFAX COUNTY JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT
VOLUNTEER INTERPRETERS PROGRAM NAMED A DAILY POINTS OF LIGHT AWARD WINNER (11:57 a.m.)
The Board next considered
an item contained in the Board Agenda dated
23. I-2 – NATIONAL ASSOCIATION OF COUNTIES (NACO) SELECTS
The Board next considered
an item contained in the Board Agenda dated
24. I-3 – CONTRACT AWARD –
The Board next considered
an item contained in the Board Agenda dated
The staff was directed administratively to proceed
as proposed.
25. I-4 – CONTRACT
AWARD – ANNUAL CONTRACT FOR STORMWATER POND REPAIR AND ENHANCEMENTS (
The Board next considered an item contained
in the Board Agenda dated
The staff was directed administratively to proceed
as proposed.
26. I-5 – PLANNING
COMMISSION ACTION ON PUBLIC FACILITIES REVIEW APPLICATION 2232-S04-3, FAIRFAX
COUNTY DEPARTMENT OF PUBLIC WORKS AND ENVIRONMENTAL SERVICES (SPRINGFIELD
DISTRICT) (11:57 a.m.)
The Board next considered an item contained
in the Board Agenda dated
27. I-6 – CONTRACT
AWARD –
The Board next considered an item contained
in the Board Agenda dated April 26, 2004, requesting authorization for staff
to award a contract to Omni Excavation, Incorporated in the amount of $314,403.80
for the construction of the Allen Street Road Improvement, Project V00000
(VR40), in Fund 308, Public Works Construction.
The staff was directed administratively to proceed
as proposed.
28. I-7 – NATIONAL
ASSOCIATION OF COUNTIES (NACO) SELECTS THE DEPARTMENT OF FAMILY SERVICES/OFFICE
FOR CHILDREN'S (DFS/OC) EARLY HEAD START/FAMILY CHILD CARE PARTNERSHIP PROGRAM
‘CARE FOR KIDS’ AWARD (11:58 a.m.)
The Board next considered an item contained
in the Board Agenda dated
ADDITIONAL BOARD MATTERS
NV:nv
29.
Chairman Connolly announced that he will be
hosting Early Learning is Good Business,
the Fairfax Futures Early Learning Summit, on
(NOTE: Later in the meeting, the Board took
action regarding this event. See Clerk's
Summary Item CL#33.)
30.
As noted in Chairman Connolly’s written Board
Matter, the Fairfax County Library Foundation was launched in 1994 to reinforce
the need for continued and increased public support for the Fairfax County
Public Library. It serves as a catalyst
for attracting private funding from individuals, businesses, organizations,
and foundations to enhance library services for the community. On
Accordingly, Chairman Connolly relinquished
the Chair to Vice-Chairman Bulova and asked unanimous consent that the Board
direct the
31. PUBLIC WORKS
WEEK (
Chairman Connolly asked unanimous consent that
the Board proclaim May 16‑22, 2004, “Public Works Week” and direct staff to invite appropriate representatives
from the Department of Public Works and Environmental Services to be recognized
with the proclamation at the May 10, 2004, Board meeting. Without objection, it was so ordered.
32.
Chairman Connolly noted that this past Friday he became aware of County records which had been gathered as the result of a Washington Post Virginia Freedom of Information Act request that involve, among other things, travel by some County employees. He said that his cursory examination raised questions that he believes warrant a comprehensive review of the County’s travel Policy, which was last revised in 2001.
Chairman Connolly noted that the Board recognizes that certain travel is justifiable, necessary, and benefits the County and its residents. Employees are ambassadors for the County and, especially at senior levels, there are inherent benefits, both in bringing business to the County and in sharing and exchanging information and bringing back new and efficient ways of doing things. However, the costs incurred for County employees to travel must always be weighed against other funding priorities and management duties. The County’s Policy must recognize the need for strict discipline and constraint at all times, but especially now, when economic challenges threaten the ability to provide homeowner tax relief and to meet the critical needs of children, senior citizens, disabled persons, and all County residents. He asserted that the Board must review certain practices, among them travel, through this prism of competing needs. In addition, he noted that keeping government efficient continues to be a priority for this Board. These efficiencies often mean that, as the County’s population continues to grow, employees are dealing with increased workloads. Therefore, an examination of the weight of the benefit of travel against the impact on a department’s workload is necessary.
Accordingly,
Chairman Connolly moved that the Board direct the
· Undertake a comprehensive review of the County’s employee travel Policy, as attached to his written Board Matter and distributed to the Board.
· Return with recommendations for amendments aimed at further ensuring that all employee travel is justified and done at the lowest possible cost to the taxpayer.
· Add language to the existing Policy giving guidance to managers to ensure that supervision of their departments does not suffer as a result of travel and that the workload of other employees is respected.
Supervisor McConnell seconded the motion.
Supervisor Gross asked to amend the motion to include the participation of the Financial and Programs Auditor to the Board in this review, and this was accepted.
The question was called on the motion, as amended, which carried by unanimous vote.
33.
(NOTE: Earlier in the meeting, Chairman Connolly announced this summit. See Clerk's Summary Item CL#29.)
With reference
to the Fairfax Futures Early Learning Summit announced earlier, Chairman Connolly
asked unanimous consent that the Board direct the
With reference
to the flyer advertising the event, Supervisor Frey asked unanimous consent
that the Board direct staff to determine whether one of the featured speakers,
David Lawrence, Jr., former publisher of The Miami Herald, is related to the David
Lawrence who donated
34.
Chairman Connolly announced that
·
A tree board or department.
·
A tree care ordinance.
·
A comprehensive community forestry program.
·
An Arbor Day observance.
Jointly with Vice-Chairman Bulova, Supervisor
Connolly moved that the Board direct staff to invite representatives from
the Virginia State Forester’s
35. HOSPITALIZATION
OF MS. LYNNE STROBEL (
Chairman Connolly announced that Lynne Strobel, an attorney with Walsh, Colucci, is in the hospital with a serious illness. Her family asked that there be no calls or visits, but Chairman Connolly asked everyone to keep her in thoughts over the next several days.
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
36. EXPANSION OF ROBINSON PERMIT PARKING DISTRICT
(RPPD) (BRADDOCK DISTRICT) (
Supervisor Bulova
stated that student parking on residential streets around
Supervisor Bulova
said that on
Supervisor Bulova noted that this would be the last time for her to request a waiver of these RPPD filing fees.
The question was called on the motion, which carried by unanimous vote.
Supervisor Kauffman noted that he will be bringing a similar item to the Board related to boat parking in the Kingstowne area.
37. SHOWMOBILE
FEE WAIVERS (
Supervisor Bulova
stated that the American Cancer Society will stage an annual event at
Accordingly, Supervisor Bulova asked unanimous consent that the Board waive the Showmobile fee to aid the fundraising efforts for this event.
Discussion ensued
regarding a
Following input
from Anthony H. Griffin,
(NOTE: Later in the meeting, the Board took action on this item. See Clerk's Summary Item CL#44.)
38. REZONING APPLICATION RZ 2004-SP-013 (SPRINGFIELD
DISTRICT) (
Supervisor McConnell said
that the applicant, Stanley Martin
Companies Incorporated, filed Rezoning Application RZ 2004-SP-013 requesting
the rezoning of 8.40 acres in the
Therefore, Supervisor McConnell moved that the Board approve concurrent
processing of the site plan and subdivision plans along with the rezoning
application. This motion does not relieve
the applicants from complying with all regulations, ordinances, or adopted
standards, and does not prejudice the consideration of this application in
any way. Supervisor Hyland seconded
the motion and it carried by unanimous vote.
39. SPECIAL EXCEPTION APPLICATION SE 2003-SP-041
(SPRINGFIELD DISTRICT) (
(A) Supervisor McConnell said that
the applicant, Cox Com, Incorporated,
doing business as Cox Communications of Northern Virginia, requested an expedited
Board of Supervisor's hearing date for Special Exception Application SE 2003‑SP-041.
It was recently brought to the applicant's
attention that a request for approval for a Resource Protection Area (RPA)
exception must run concurrently with the special exception process. Since this RPA exception process will require
additional time, the original
Therefore, Supervisor McConnell moved that the Board direct staff to schedule
the public hearing for Special Exception Application SE 2003-SP-041 on
Following brief input from Anthony H. Griffin,
The question was called on the motion and it carried by unanimous vote.
(NOTE: Later in the meeting, the Board set the hour for this public hearing.
See Clerk's Summary Item CL#45.)
40. SHELTER HOUSE
(
Supervisor Gross
said that Shelter House operates a family homeless shelter at
Based on the foregoing, Supervisor Gross moved that the Board waive all fees associated with the building permit filed on behalf of Shelter House for this work, as well as any other County fees that may arise during the course of this project.
A brief discussion
ensued with input from David P. Bobzien,
The question was called on the motion, which carried by a vote of nine, Supervisor Kauffman being out of the room.
41. EARLY INTERVENTION
AWARENESS MONTH (
Supervisor Gross noted that children are among the most valuable, precious, and vulnerable County residents. That is why they need proper care and attention as soon as they are born and throughout their formative years to ensure that they develop to their fullest potential as productive members of the community. She asserted that additionally, early intervention is cost-effective because it saves the taxpayers dollars in diagnosing and providing early remediation to mitigate potentially costly developmental problems and disabilities.
Accordingly,
Supervisor Gross asked unanimous consent that the Board proclaim the month
of May 2004, as “Early Intervention Awareness
Month” in
42. HISTORY OF
Supervisor Gross noted that her next Board Matter was the outgrowth of a conversation she had with Chairman Connolly at the recent fiftieth anniversary celebration of the Thomas Jefferson Library and is presented as a joint Board Matter with him.
Supervisor Gross
asserted that the modern era in
Supervisor Gross
said that the last 30 years have seen tremendous population growth, the building
of many new neighborhoods and commercial areas, including Tyson’s Corner,
and development of a high tech industry second to none.
Therefore, jointly
with Chairman Connolly, Supervisor Gross moved that the Board direct the
Following discussion, Supervisor Frey clarified with Supervisor Gross that the motion includes input from the History Commission through the County’s Executive’s review.
The question was called on the motion, as clarified, which carried by unanimous vote.
43. SENIOR CITIZEN
NEEDS (MASON DISTRICT) (
Supervisor Gross
said that last week, during mark-up of the FY 2005 budget, a number of comments
were made about senior citizen needs, now and in the future, in
Supervisor Gross
reported that the task force analyzed a number of existing programs and made
recommendations specific to
44. SHOWMOBILE
FEE WAIVERS (
(NOTE: Earlier in the meeting, the Board deferred action regarding a Showmobile waiver. See Clerk's Summary Item CL#37.)
Chairman Connolly noted that the earlier referenced memorandum regarding Showmobile fee waivers was distributed around the dais.
Supervisor Bulova
moved to waive the $50 fee for the use of the Showmobile by the American Cancer
Society at
Following discussion, Supervisor Hyland moved a substitute motion to eliminate the entire fee for non-profit groups, which includes County government, public school entities, community groups, and other non-profit organizations. Supervisor McConnell seconded the motion.
Following discussion,
the question was called on the substitute motion, and it CARRIED by a recorded vote of nine,
Supervisor DuBois voting “NAY.”
45. SPECIAL EXCEPTION APPLICATION SE 2003-SP-041
(SPRINGFIELD DISTRICT) (
(A) (NOTE: Earlier in the meeting, the Board directed staff to schedule this public hearing. See Clerk's Summary Item CL#39.)
Anthony H.
Griffin,
46. PUBLIC HEARING DEFERRALS (PROVIDENCE DISTRICT)
(
Supervisor Smyth announced her intent to defer, at the appropriate time later in the meeting, the following public hearings:
· Rezoning Application RZ 2002-PR-031 – to be deferred indefinitely.
·
Rezoning Application RZ 2004-PR-003 and Special Exception Application SE 2004-PR-007
because of an affidavit defect. It will be deferred until May 10 at
(NOTE: Later in the meeting, these public hearings were formally deferred. See Clerk's Summary Item CL#71 and CL#75.)
47. PUBLIC FACILITIES MANUAL (PFM) AMENDMENT
ON DRAINAGE DIVIDES (
(NOTE: Earlier in the meeting, the Board discussed amendments to the PFM. See Clerk's Summary Item CL#16.)
Supervisor Smyth stated that the Department of Public Works and Environmental Services is currently proposing an amendment to the PFM guidelines pertaining to drainage divides. Stormwater management is becoming a growing concern for the County as development continues, increasing the amount of pervious surface in the watersheds.
Therefore, Supervisor Smyth asked unanimous consent that the Board refer the aforementioned proposed amendment to the Board’s Development Review Committee as well as the Board’s Environmental Committee for review and comment. Without objection, it was so ordered.
48. PROFFERED CONDITION AMENDMENT/FINAL DEVELOPMENT
PLAN AMENDMENT APPLICATION PCA/FDPA 2002-PR-016 (PROVIDENCE DISTRICT) (
Supervisor Smyth
stated that the WEST*GROUP is submitting a proffered condition amendment/final
development plan amendment (PCA/FDPA) application for its high-rise residential
property parcel [Tax Map 29-4 ((7)) A-3].
The revised plans involve the replacement of townhouses with loft units
located above a proposed grocery store and the addition of a corner park at
Westpark and Park Run Drives. No increase
in gross floor area or the total number of units is requested. Lenders are requiring an approved PCA/FDPA and
site plan as prerequisites for closing, scheduled at the end of the second
quarter of 2004. The WEST*GROUP is
therefore requesting expedited processing.
Therefore, Supervisor
Smyth moved that the Board direct staff to expedite and concurrently process
Proffered Condition Amendment/Final Development Plan Amendment Application
PCA/FDPA 2002-PR-016, and its associated site plan.
Under the original
approval of Rezoning Application RZ 2002-PR-016, the applicant was granted
a waiver of the Public Facilities Manual (PFM) standard for underground stormwater
management facilities to permit an underground facility within a residential
development. Supervisor Smyth further
moved that the Board reaffirm that waiver at this time.
Supervisor Smyth
stated that this motion should not be construed as a favorable recommendation
by the Board on the proposed application and does not relieve the applicant
from compliance with the provisions of all applicable ordinances, regulations,
or adopted standards, or that future PFM modification previously discussed.
Supervisor Bulova seconded the motion, which carried by unanimous vote.
PMH:pmh
49. CEREMONY REGARDING
FIRST POLIO VACCINE SHOT (
Supervisor DuBois announced that a very special
ceremony will be taking place this morning at
To honor this triumph of science and volunteerism
for the success of Dr. Jonas Salk's vaccine to eradicate polio, the March
of Dimes is returning to Franklin Sherman to issue a national call to action
to improve childhood immunization rates. Both
Dr. Mulvaney and Mr. Kerr will be returning to Franklin Sherman Elementary
School as part of this special occasion, rich with the legacy of the March
of Dimes' first, great triumph, and full of the promise of its current mission:
to improve the health of babies by preventing birth defects and infant mortality.
A brief discussion ensued.
50.
Supervisor DuBois said that
Therefore, Supervisor DuBois moved that the Board direct the Department
of Planning and Zoning to:
·
Expedite the review of
·
Schedule the Board public hearing
for a date certain on or before
This motion does not relieve the applicant from complying with the provisions
of any applicable ordinances, regulations, or adopted standards and it does
not prejudice the consideration of the application in any way. Chairman Connolly seconded the motion and it
carried by unanimous vote.
51. REZONING APPLICATION RZ 2003-DR-058 (DRANESVILLE
DISTRICT) (
(A) Supervisor
DuBois said that Landmark Properties
is the applicant for Rezoning Application RZ 2003-DR-058, the Young Property. Landmark Properties agreed to a deferral of
the Planning Commission date so that stormwater management issues could be
worked out to the benefit of the neighborhood and the region. She noted that the applicant worked very cooperatively
with its neighbor, the Kingston Chase Community.
Therefore, Supervisor DuBois moved that the
Board direct staff to schedule a public hearing to be held before the Board
on Rezoning Application RZ 2003‑DR-058 on
52. REQUEST FOR CONCURRENT PROCESSING OF SPECIAL EXCEPTION
APPLICATION SE 2004-DR-004 AND ALL ASSOCIATED SITE PLANS (DRANESVILLE DISTRICT)
(
Supervisor DuBois said that Dr. Shoreh H. Armani of
Therefore, Supervisor DuBois moved that the Board direct the Department of Planning and Zoning and the Director of Department of the Public Works and Environmental Services to concurrently process Special Exception Application SE 2004-DR-004 and all site plans associated with it. This motion does not relieve the applicant from complying with the provisions of any applicable ordinances, regulations, or adopted standards and it does not prejudice the consideration of the application in any way. Supervisor Bulova seconded the motion and it carried by unanimous vote.
53. REQUEST FOR CERTIFICATE OF RECOGNITION FOR RABBI
ROSALIND GOLD (HUNTER MILL DISTRICT) (
Supervisor Hudgins announced
that, after 23 years of service to
the
54.
Supervisor Kauffman said
that in 1998, the Board approved the bylaws
of the Burgundy Village Community Center Operations Board. The bylaws delegated the Operations Board certain
authority to operate the community building with the Department of Community
and Recreation Services (CRS) performing specific operational functions.
Each year residents and homeowners in the
Therefore, Supervisor Kauffman moved that the Board direct CRS to make
up to a $1,000 contribution from the
55. REPLACEMENT HOMES IN ESTABLISHED COMMUNITIES (MOUNT
VERNON DISTRICT) (
Supervisor Hyland
said that there has been great concern expressed by
Supervisor Hudgins said that there are many older, established communities in the Mount Vernon District with Tauxemont and Hollin Hills among them. He said that he focused on these two because they were developed in the 40s, 50s, and 60s based on a philosophy that houses needed to be harmoniously developed with nature, i.e. leaving mature stands of trees and carefully building houses with tree preservation in mind. With the intense population growth in the County and other metropolitan area suburbs, this concept seems to have gotten lost in the attempt to manage stormwater, provide streets and sidewalks, et cetera.
Accordingly, Supervisor Hyland moved that the Board refer this issue to staff to determine what, if anything, can be done under existing authority to retain the integrity of neighborhoods of older, smaller homes, and to preserve the character of these neighborhoods; and further what legislative changes would be available to the County to achieve such an objective. Chairman Connolly seconded the motion.
Following discussion, Chairman Connolly relinquished the Chair to Vice‑Chairman Bulova and asked to amend the motion to direct staff to include Supervisor Hyland's motion with a previous motion made by Chairman Connolly regarding this issue, and this was accepted.
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
A brief discussion ensued.
Supervisor Smyth asked to amend the motion to direct staff to review the Zoning Ordinance with regard to the height of houses, and this was accepted.
The question
was called on the motion, as amended, and it carried by a vote of nine, Supervisor
DuBois being out of the room.
56. AUTHORIZATION TO DIRECT STAFF TO PROCESS AN OUT-OF-TURN
PLAN AMENDMENT AND ACCEPT FOR SIMULTANEOUS REVIEW A REZONING APPLICATION FOR
THE LORTON VALLEY SUBDIVISION (MOUNT VERNON DISTRICT) (
Supervisor Hyland
said that members of a small community in
The
Therefore, Supervisor Hyland moved that the Board:
· Authorize staff to process an Out-of-Turn Plan Amendment for Sub-Unit E11 of Area IV Lower Potomac Planning District; LP2‑Lorton-South Route 1 Community Planning Sector to consider changing the Plan's language to permit, upon consolidation of at least 75 percent of the Lorton Valley Subdivision dwelling units at a density of 5-8 du/ac.
· Direct staff to accept a rezoning application for Tax Map 113‑2((2)), lots 1-15 for processing concurrently with the aforesaid Out-of-Turn Plan Amendment.
This motion
does not relieve the applicant of the proposed rezoning or the community seeking
the Out-of-Turn Plan Amendment from recognizing that all regulations, ordinances
or adopted standards of
57. LIVALERT EMERGENCY
COMMUNICATIONS (
Supervisor Hyland said that Internetworx, Incorporated through its LivAlert Emergency Communications program, provides local communities with the means to reach out directly and immediately to their constituents through the cooperative efforts of public and private sector entities. LivAlert is an operational communications system providing anywhere, anytime notifications and alerts and monitors satellite data feeds 24/7 for a variety of alert data from severe weather to homeland security and Amber alerts.
While TV, radio, and newspapers provide everyday useful information, “Alerts” are delivered to desktops, cell phones, and wireless and will soon be extended to land-wired phones.
Supervisor Hyland
said this automatic emergency notification system is available at no charge
to local governments. LivAlert is scheduled
for its public debut in the DC Metro area with support from its Media Partners
and the Disaster Mitigation Coalition this spring.
Supervisor Hyland asked unanimous consent that the Board direct staff to review this item and report with recommendations to the Board as to whether the County should consider becoming a participant in LivAlert. Without objection, it was so ordered.
A brief discussion
ensued with input from Anthony H. Griffin,
58. PROHIBITION
AGAINST CUT TREES (
Supervisor Hyland
referred to his written Board Matter which indicated that the
Supervisor Hyland asked unanimous consent that the Board refer his written Board Matter regarding cut trees to staff with a request that they inform the Board as to what is being done to follow the direction they were given by the Board.
Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and asked unanimous consent that the Board direct staff to report with suggestions for enabling legislation or changes to the State code. Without objection, it was so ordered.
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
59. LAND PRESERVATION ALONG WATERWAYS AND CREEKS (
Supervisor Hyland said that he has received considerable correspondence on the subject of preserving land along waterways and creeks as included with his written Board Matter. In their cover note to him, Ms. Betsy Martin and Mr. Paul Siegel of the Stratford Landing community make reference to a recent Board decision to buy an historic easement on Oak Hill. Then, in their enclosed typed letter to the president of the Stratford Landing Civic Association they ask:
·
"What is the County willing to do to preserve and protect the creek side
[referring to Little Hunting Creek]
parcels as open space, while also protecting the property rights of the owners?”
Therefore, Supervisor Hyland asked unanimous consent that the Board direct staff to review this matter and provide recommendation as to whether the County has the means for addressing the preservation of creek side parcels and, how such protection might be implemented, i.e. available tools for preserving land which abuts waterways. Without objection, it was so ordered.
60. TECHNICAL ASSISTANCE TO AND COMMUNICATIONS WITH
THE WETLANDS BOARD (
(BACs) In a memorandum to Supervisor Hyland, Glenda Booth, Chair of the Wetlands Board, raised the following question:
·
Can the Department of Public Works and Environmental Services (DPWES) provide
technical assistance to the Wetlands Board by identifying and assigning a
staffer to determine the nature and importance of erosion questions in connection
with a Wetlands applications?
Ms. Booth suggested,
with input from County staff, that assignment of an engineer from DPWES, to
work on a regular basis with the Wetlands Board, would help that body make
informed determinations regarding erosion questions on applications. Further, Ms. Booth also asks that a clear policy
and procedure be instituted to ensure that all wetlands permits and their
conditions are communicated to the appropriate County staff.
Therefore, Supervisor Hyland asked unanimous consent that the Board direct staff to refer these two possibilities to staff for review and recommendation as to how they might be addressed, i.e., whether additional authority is needed to delegate staff assistance and how a workable policy and procedure can be developed to avoid miscommunication regarding the status of wetlands applications. Without objection, it was so ordered.
61. FUND FOR WETLANDS ENHANCEMENT, RESTORATION, OR
CREATION (
(BACs) Supervisor Hyland
said that he recently received a memorandum on the subject of a conflict between
the letter of the law regarding mitigation of wetlands and the reality of
the situation in
In a memorandum
to Supervisor Hyland, Glenda Booth, Chair of the Wetlands Board, states that
under current
Ms. Booth asserts
that the
Supervisor Hyland asked unanimous consent that the Board refer this matter to staff for review and recommendations as to what steps would be required to implement such a policy. It is further requested that this recommendation be provided to the Wetlands Board for it to be considered at that body’s June meeting. Without objection, it was so ordered.
62. REQUEST FOR CERTIFICATE OF RECOGNITION AND INTRODUCTION
OF NEW CHIEF ADMINISTRATIVE AIDE (MOUNT VERNON DISTRICT) (
Supervisor Hyland announced the retirement of Rose Lambert, Chief Administrative Aide, and he asked unanimous consent that the Board direct staff to invite Ms. Lambert to appear before the Board to be recognized for her years of service at the next Board meeting. Without objection, it was so ordered.
Supervisor Hyland introduced his new Chief Administrative Aide, Charles Unger.
63. DEFERRALS (
Supervisor Frey
announced his intent later in the meeting, at the appropriate time, to defer
the Board decision on Spot Blight Abatement Ordinance for
Chairman Connolly noted these additional public hearings to be deferred:
· Rezoning Application RZ 2004-PR-003
· Special Exception Application SE 2004-PR-007
· Rezoning Application RZ 2002-PR-031
(NOTE: Later in the meeting, the Board's decision on the Spot Blight Abatement Ordinance and the aforementioned public hearings were formally deferred. See Clerk's Summary Item CL#69, CL#71, and CL#75.)
64. NEWGATE SUBDIVISION
(SULLY DISTRICT) (
Supervisor Frey said that
it has come
to his attention that the townhome sections of the Newgate subdivision were
constructed under the older, less restrictive Zoning Ordinance requirements
of 2.0 spaces per unit, and that many of the residents believe that there
is inadequate parking within the community. To address this problem, the community association
initiated a private program to construct additional spaces to attempt to meet
the current standard of 2.3 spaces per unit.
During the initial process of seeking construction
permits for this project, it was determined that the original developer/builder
apparently did not record a sufficient amount of qualifying open space to
meet the proffers of the original zoning case. As a result, the Zoning Administrator determined
that a proffered condition amendment application would be required to allow
a reduction in open space, to permit additional parking spaces.
Supervisor Frey noted that Newgate has been
working over the last four years with County staff to resolve the details
of the required PCA and has recently filed amended application materials.
Given the amount of time already expended, the
community has asked that the Board authorize concurrent processing, and expedite
the scheduling of the public hearings.
The applicants understand that this motion does not relieve them of any
obligation, ordinance or standards, and will not prejudice the consideration
of the application in any way.
Accordingly, Supervisor Frey moved that that
the Board:
·
Direct staff to process the requisite
site plans, plats, waivers, permits, and related documents concurrent with
Proffered Condition Amendment Application PCA C-131-06.
·
Direct staff to schedule the public
hearings to be held before the Board on Proffered Condition Amendment Application
PCA C‑131-06 prior to the August recess, if possible.
Chairman Connolly seconded the motion and it carried by a vote of nine, Supervisor DuBois being out of the room.
65. ESTABLISHED BREED AND RESCUE GROUPS TO RECEIVE
LICENSING NECESSARY TO USE DOG PARKS
(
(BACs) Supervisor Frey said that a local dog rescue group that places dogs
temporarily in foster homes was unable to use County dog parks because the
dogs did not yet have licenses. He
said that he spoke with Kevin Greenlief, Director of the Department of Tax
Administration, about this and he agreed to initiate a program to provide
established breed and rescue groups the licensing they need to enjoy the dog
parks. Breed and rescue groups will
be given a certain number of tags for use by dogs that are temporarily placed
in foster homes.
Therefore, Supervisor Frey asked unanimous consent that the Board direct
the Office of Public Affairs, the Animal Shelter, and the Animal Services
Advisory Commission to spread the word on the availability of this program
to the public and to the local breed and rescue groups. Without objection, it was so ordered.
Supervisor Gross asked unanimous consent that the Board direct staff to
communicate with the dog park coalition group regarding this issue. Without objection, it was so ordered.
66. 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. Carl
Jackson and Gloria Willingham v. Sgt. Douglas A. Crooke, et al., Civil
Action No. 00-2053-A (E.D. Va.)
2. Application of Qwest Communications Corporation
of
3. Application of XO Virginia, LLC., Case No. PST-2003-00071 (Virginia State Corporation Commission) (Countywide)
4. Joseph
V. Buonassissi, II, et al. v.
5. Adel
S. Kebaish, et al. v. Board of Zoning Appeals, et al., At Law No. 193641
(
6. William
E. Shoup,
7. William E. Shoup, Fairfax County Zoning Administrator v. Susan C. Beck and Louis Kobus, Jr., and Village Turf, Inc., In Chancery No. 173551 (Fx. Co. Cir. Ct.) (Lee District)
8. William
E. Shoup,
9. William
E. Shoup,
10. William
E. Shoup,
And in addition:
·
The Grievance Appeal of Major E. Clemons;
·
Spot Blight Abatement Ordinance for
·
Negotiations Over Access to Trunk Sewer Line at Cub Run
Supervisor Bulova
seconded the motion and it carried by a vote of nine, Supervisor DuBois being
out of the room.
DMB:dmb
At
ACTIONS FROM CLOSED
SESSION
67. 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 Hyland 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."
68. CLARIFICATION OF EARLIER BOARD ADOPTED BUDGET
MOTIONS (
NOTE: Earlier in the meeting, additional action was taken regarding this issue. See Clerk's Summary Item CL#12.)
Supervisor Bulova moved that the Board approve a clarification of its earlier adopted budget motions indicating that the $677.8 million in State funding is part of the total Fiscal Year 2005 Fund, receipts all funds. Supervisor Hyland 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."
AGENDA ITEMS
69.
(NOTE: At its November 17, 2003, meeting the Board
held a public hearing on this item and deferred decision until January 5,
2004. On
Supervisor Frey
moved to defer decision on the Spot Blight Abatement Ordinance for
70.
(O) The application
property is located in the southeast quadrant of
Mr. Louis V. Genuario reaffirmed the validity of the affidavit for the record.
Mr. Genuario 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 Hyland disclosed the following campaign contribution which he had received:
· In excess of $200 from Genuario Properties, Incorporated
Following the public hearing, Jayjeev Hada, Staff Coordinator, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.
Supervisor Hyland moved amendment of the Zoning Ordinance, as it applies to the property which is the subject of Rezoning Application RZ 2003-MV-065, from the R-8, C-8, and HC Districts to the R-8, C-8, HC, and CRD Districts. Supervisor Bulova seconded the motion and it carried by a vote of eight, Supervisor Bulova, Supervisor DuBois, Supervisor Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Smyth, and Chairman Connolly voting "AYE," Supervisor Kauffman and Supervisor McConnell being out of the room.
71.
Supervisor Smyth
moved to defer the public hearing on Rezoning Application RZ 2004-PR-003
and Special Exception Application SE 2004-PR-007 until
72.
Supervisor Smyth
moved to defer the public hearing on Rezoning Application RZ 2002‑PR-038,
Proffered Condition Amendment Application PCA 81‑D‑045‑4,
and Special Exception Amendment Application SEA 82‑D‑038-4
until May 24, 2004, at 3:30 p.m. Supervisor Bulova seconded the motion and it
carried by a vote of nine, Supervisor McConnell being out of the room.
73.
The application property is located on the west side of Gambrill Road and 100 feet south of Gambrill Lane, Tax Map 98-1 ((1)) 37.
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.
Following the public hearing, Aaron Shriber, Staff Coordinator, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.
Following discussion,
Supervisor Hyland moved to defer decision on Rezoning Application RZ 2003-MV-051
to
74.
The application
property is located at
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.
Following the public hearing, which included testimony by eight speakers, Cathy Belgin, Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.
Following discussion,
Supervisor Smyth moved to defer decision on Special Exception Application
SE 2003-PR-026, until
75.
The application property is located on the south side of Arlington Boulevard approximately 500 feet east of its intersection with Barkley Drive, Tax Map 48-4 ((1)) 40.
Supervisor Smyth moved to defer the public hearing on Rezoning Application RZ 2002‑PR‑031 and Final Development Plan Application FDP 2002-PR-031 indefinitely. Chairman Connolly seconded the motion and it carried by a vote of seven, Supervisor Frey, Supervisor Hudgins, and Supervisor Hyland being out of the room.
76. 4 P.M. – PH ON PROPOSED PLAN AMENDMENT
APPLICATION APR 01-II-1M, LOCATED SOUTHEAST OF CHAIN BRIDGE ROAD AND
DAVIDSON ROAD INTERSECTION (DRANESVILLE DISTRICT) (4:35 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 April 8 and April 15, 2004.
Following the public hearing, which included testimony by one speaker, Clara Quintero Johnson, Planner II, Planning Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.
Supervisor DuBois moved adoption of the Comprehensive Plan text, as recommended by the Planning Commission, for APR 01-II-1M. This recommendation will encourage new development on the remaining parcels in Sub-Area number one that is compatible with the adjacent existing development. Supervisor DuBois said her handout dated April 26, 2004, shows the recommended Plan text. Supervisor Bulova seconded the motion and it carried by a vote of eight, Supervisor Frey and Supervisor Hudgins being out of the room.
77. 4 P.M. – PH ON PROPOSED OUT-OF-TURN PLAN
AMENDMENT S03‑IV-MV4 FOR LAND UNIT E OF THE BEACON/GROVETON COMMUNITY
BUSINESS CENTER AND A PORTION OF THE MEMORIAL HEIGHTS AREA, LOCATED SOUTHEAST
OF RICHMOND HIGHWAY AND EAST LEE AVENUE (MOUNT VERNON DISTRICT) (4:39 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 April 8 and April 15, 2004.
Following the public hearing, which included testimony by one speaker, Denise M. James, Planner III, Environment and Development Review Branch, Planning Division (PD), Department of Planning and Zoning (DPZ), presented the staff and Planning Commission recommendation.
Following discussion,
with input from John Bell, Staff, Environment and Development Review Branch,
PD, DPZ, Supervisor Hyland moved approval of the Planning Commission recommendations
for Out-of-Turn Plan Amendment S03-IV-MV4, which allows Comprehensive Plan
text modification as set forth in the staff report dated
DET:det
78. 4 P.M. – PH 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) (4:44 p.m.)
(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 April 8 and April 15, 2004.
Discussion ensued with input from James Ratliff, Senior Right-of-Way Agent, Land Acquisition Division, Department of Public Works and Environmental Services (DPWES), and Larry Ichter, Branch Chief, Transportation Design Branch, DPWES.
Following the public hearing, which included testimony by four speakers, discussion ensued with input from Mr. Ratliff, Mr. Ichter, and Frank Roberts, Engineer II, Planning and Design Division, DPWES.
Supervisor Gross
moved adoption of the Resolution authorizing the acquisition of certain land
rights necessary for the construction of Project 006616 – Gallows Road/
Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and asked to amend the motion that the Board direct staff to continue to work with the affected homeowners regarding the issues raised with particular emphasis on compensation, design and landscape issues, and safety features. This was accepted.
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
Following discussion,
the question was called on the motion, as amended, 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.”
79.
(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 April 8 and April 15, 2004.
Discussion ensued with input from Terry Czarny, Management Analyst II, Division of Solid Waste Collection and Recycling, Department of Public Works and Environmental Services.
Following the
public hearing, Supervisor Hudgins moved adoption of the Resolution for
the enlargement of Small and Local Sanitary Districts within Dranesville,
Hunter Mill, Lee, and
Sanitary District |
Action |
Service |
Recommendation |
|
Local District
A3 within Small
District 1 within Dranesville
District ( |
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 |
Supervisor DuBois seconded the motion.
Supervisor DuBois asked to amend the motion to defer decision on Small District 4, within the Dranesville District, Rosemont Subdivision Area. This was accepted.
Following discussion, the question was called on the motion, as amended, and it carried by a vote of nine, Supervisor Bulova, Supervisor DuBois, Supervisor Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor McConnell, and Chairman Connolly voting “AYE,” Supervisor Smyth being out of the room.
80.
(O) (At its
The application property is located on the east side of Great Falls Street approximately 1000 feet north of Haycock Road, Tax Map 40-2 (1)) 20, 21, 22, 22A, 22B, 23, and 24A; 40-2 ((34)) A.
Mr. Francis A. McDermott reaffirmed the validity of the affidavit for the record.
Mr. McDermott 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:
· Under the threshold from Arlene, Jeremiah, and Francis A. McDermott
Supervisor McConnell disclosed the following campaign contribution which she had received:
· In excess of $200 from Mr. Francis A. McDermott
Following the public hearing, which included testimony by seven speakers, Catherine Belgin, Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.
Following discussion with input from Mr. McDermott, Supervisor DuBois referred to Proffer 10C regarding the public’s access easement for pedestrian access to the park and requested that Mr. McDermott state on the record that, as soon as practicable, safety concerns be addressed on the site and that it not be connected at the very last moment. Mr. McDermott assured Supervisor DuBois that the connection would be provided as soon as practicable during the development of the community.
Supervisor DuBois moved:
·
Amendment of the Zoning Ordinance, as it applies to the property which is
the subject of Rezoning Application RZ 2003-DR-031, from the R-1 and R-3 Districts
to the PDH-5 District, and approval of the Conceptual Development Plan, subject
to the proffers dated
· Waiver of the 600-foot maximum length requirement for private streets.
· Modification of the transitional screening requirement and waiver of the barrier requirement along the western property line in favor of that shown on the CDP/FDP.
Supervisor Kauffman seconded the motion and it carried by a vote of seven, Supervisor Bulova, Supervisor DuBois, Supervisor Gross, Supervisor Hudgins, Supervisor Kauffman, Supervisor McConnell, and Chairman Connolly voted “AYE,” and Supervisor Frey, Supervisor Hyland, Supervisor Smyth being out of the room.
The Planning
Commission approved Final Development Plan Application FDP‑2003-DR-031
on
DS:ds
81.
(O) The application
property is located in the southeast quadrant of the intersection of
Mr. Keith C. Martin reaffirmed the validity of the affidavit for the record.
Chairman Connolly disclosed the following campaign contribution which he had received:
· In excess of $200 from Jerry A. Lagarde of Target Surveys, Incorporated
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, Lindsay Shulenberger, 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-053, from the R-1, R‑2,
and HC Districts to the R-4 and HC Districts, subject to the proffers dated
· Approval of a height increase, in accordance with Paragraph 3F of Section 10-104, to permit the noise attenuation fence located in the front yard to be a maximum height of eight feet.
Chairman Connolly seconded the motion and it carried by a vote of seven, Supervisor Bulova, Supervisor Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Kauffman, Supervisor McConnell, and Chairman Connolly voting "AYE," Supervisor DuBois, Supervisor Hyland, and Supervisor Smyth being out of the room.
82.
(O) The application
properties are located on the south side of Old Mill Road approximately 700
feet west of Mount Olive Road, Tax Map 65-1 ((1)) 6, 18, 19, 20, and 21 pt.
and a portion of
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.
Following the public hearing, which included testimony by two speakers, William Mayland, Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.
Supervisor Frey
moved amendment of the Zoning Ordinance, as it applies to the property which
is the subject of Rezoning Application RZ 2003-SU-061, from the R-1 and WS
Districts to the PDH-3 and WS Districts, subject to the proffers dated
Supervisor Frey
moved approval of
The Planning
Commission approved Final Development Plan Application FDP‑2003-SU-061
on
83.
Supervisor Gross
moved to defer the public hearing on Rezoning Application RZ 2003-MA-052
and Special Exception Amendment Application SEA 88-L-071 until
ADDITIONAL BOARD MATTER
84. UPDATE ON GENERAL ASSEMBLY ACTION REGARDING
PERSONAL PROPERTY TAX RATES (
(NOTE: Earlier in the meeting, action was taken regarding the personal property tax rates. See Clerk's Summary Item CL#13.)
Chairman Connolly
announced that breaking news had just been received from
Discussion ensued
with input from Kevin Greenlief, Director, Department of Tax Administration,
who announced that the Senate Finance Committee passed House Bill 5008,
and companion Bill 5005, which would radically change how the car tax reimbursements
would be funded to localities. Under current law the personal property car
tax is funded to localities based on 70 percent of the taxes on the first
$20,000 of assessed value for personal use vehicles. For
AGENDA ITEMS
85.
The application
property is located at
Mr. Carson Lee Fifer, Jr. reaffirmed the validity of the affidavit for the record.
Supervisor McConnell disclosed the following campaign contribution which she had received:
· In excess of $200 from Ms. Nina S. Toups
Chairman Connolly disclosed the following campaign contributions which he had received:
· In excess of $200 from Ms. Jane Pasolli Edmondson
· In excess of $200 from Mr. James H. Edmondson, Jr.
· In excess of $200 from Ms. Nina S. Toups
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.
Following the public hearing, which included testimony by 16 speakers, Catherine Belgin, Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning and Zoning, presented the staff and Planning Commission recommendations.
Supervisor DuBois moved:
·
Approval of Special Exception Application SE 2003-DR-022, subject to the development
conditions dated
· Modification of the transitional screening requirement along the southern property line of parcel 26C to permit the existing vegetation to remain with the addition of supplemental vegetation as shown on the SE plat.
· Modification of the Additional Standards for Medical Care Facilities, pursuant to Section 9-308 of the Zoning Ordinance, which requires the building to be located a minimum of 100 feet from any lot line which abuts an R‑A through R-4 District, to permit the building to be located within 66 feet of the public school property to the north.
· Waiver of the barrier requirement along the southern property line of parcel 26C subject to written consensus of the immediate adjacent homeowners.
·
Waiver of the transitional screening and barrier requirements along the
Supervisor Kauffman seconded the motion.
Following discussion, with input from Mr. Fifer, the question was called on the motion and it carried by a vote of eight, Supervisor Frey and Supervisor Hyland being out of the room.
86.
Citizens and Businesses of Fairfax County are encouraged to present their views on issues of concern. The Board will hear public comment on any issue except: issues under litigation, issues which have been scheduled for public hearing before the Board (this date and future dates), personnel matters and/or comments regarding individuals. Each speaker may have up to three minutes and a maximum of ten speakers will be heard. Speakers may address the Board only once during a six month period.
The public hearing was held and included testimony by the following individuals:
· Mr. Rigoberto Luis regarding the Ethopian Community Development Council.
· Ms. Brenda Williams regarding Micro-Lending for County residents.
·
Mr. Jim Riddel expressing appreciation to the Board and the
·
Mr. Emmanuel Mpfayokurera regarding assets building in
87. BOARD ADJOURNMENT
(
At