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.
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21-04
DMB:dmb
At a regular meeting of the Board of Supervisors of Fairfax County, Virginia,
held in the Board Auditorium of the Government Center at Fairfax, Virginia,
on Monday, October 18, 2004, at 9:02 a.m., there were present:
·
Chairman Gerald E. Connolly, presiding
·
Supervisor Sharon Bulova, Braddock
District
·
Supervisor Joan M. DuBois, Dranesville
District
·
Supervisor Michael Frey, Sully District
·
Supervisor Penelope A. Gross,
·
Supervisor Catherine M. Hudgins, Hunter
Mill District
·
Supervisor Gerald W.
·
Supervisor Dana Kauffman,
·
Supervisor Linda Q. Smyth, Providence
District
Supervisor Elaine McConnell, Springfield District,
arrived at 9:06 a.m.
Others present during the meeting 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 asked everyone to keep in thoughts the
Supervisor Hyland asked everyone to keep in thoughts Mr. Art Giguere,
who was instrumental in the redevelopment of the Woodley Nightingale Mobile
Home Park, and consistently worked in the community with human services issues. Supervisor Hyland said that he would be missed.
AGENDA ITEMS
2. PROCLAMATION DESIGNATING NOVEMBER 2004 AS
“ADOPTION AWARENESS MONTH” IN
Chairman Connolly
relinquished the Chair to Vice-Chairman Bulova and moved approval of the Proclamation to designate
November 2004 as “Adoption Awareness Month” in Fairfax County.
Supervisor Hyland seconded the motion and it carried by a vote of nine,
Supervisor Kauffman being out of the room.
3. PROCLAMATION DESIGNATING OCTOBER 2004 AS
“DISABILITY EMPLOYMENT AWARENESS MONTH” IN
Chairman Connolly
moved approval of the Proclamation
to designate October 2004 as “Disability Employment Awareness Month”
in Fairfax County. Supervisor McConnell
seconded the motion and it carried by unanimous vote.
4. PROCLAMATION DESIGNATING NOVEMBER 2004 AS
“AMERICAN INDIAN HERITAGE MONTH” IN
Chairman Connolly moved approval of the Proclamation
to designate November 2004 as “American Indian Heritage Month” in Fairfax
County. Supervisor McConnell seconded
the motion and it carried by unanimous vote.
Vice-Chairman
Bulova returned the gavel to Chairman Connolly.
5. PROCLAMATION DESIGNATING
Supervisor Smyth moved approval of the Proclamation
to designate November 8—12, 2004, as “Luther Jackson Middle School
Week” in Fairfax County. Chairman
Connolly seconded the motion and it carried by a vote of eight, Supervisor
DuBois and Supervisor Frey being out of the room.
6. RESOLUTION
OF RECOGNITION PRESENTED TO THE ROSE HILL COMMUNITY (
Supervisor Kauffman moved approval of the Resolution
to recognize the fiftieth anniversary of the Rose Hill community.
Supervisor Hyland seconded the motion and it carried by a vote of eight,
Supervisor DuBois and Supervisor Frey being out of the room.
7. CERTIFICATE
OF RECOGNITION PRESENTED TO MR. FRED MORIN (
(BACs) Supervisor Kauffman moved approval
of the Certificate of Recognition presented to Mr. Fred Morin for his
years of service to the County as the Lee District Representative to the Water
Authority. Supervisor Hyland seconded
the motion and it carried by a vote of nine, Supervisor Frey being out of
the room.
Harry F. Day, Chairman, Fairfax Water, presented
a plaque to Mr. Morin for his 43 years of leadership and dedicated service.
8. CERTIFICATE
OF RECOGNITION PRESENTED TO MR. KENNETH KLINGE (
Supervisor Kauffman moved approval of the Certificate
of Recognition presented to Mr. Kenneth Klinge for his years of service
to the County as a member of the Commonwealth Transportation Board. Supervisor Hyland seconded the motion and it
carried by a vote of nine, Supervisor Frey being out of the room.
9. CERTIFICATE
OF RECOGNITION PRESENTED TO MR. RICHARD RISK (
(BACs) Supervisor Gross moved approval of
the Certificate of Recognition presented to Mr. Richard Risk for his
years of service to the County as the Mason District Representative to the
Commission on Aging. Supervisor Hyland
seconded the motion and it carried by a vote of nine, Supervisor Frey being
out of the room.
10. PROCLAMATION DESIGNATING
Chairman Connolly
relinquished the Chair to Vice-Chairman Bulova and moved approval of the Proclamation to designate
October 23, 2004, as “VolunteerFest Day 2004” in Fairfax County.
Supervisor Smyth seconded the motion and it carried by a vote of nine,
Supervisor McConnell being out of the room.
Vice-Chairman
Bulova returned the gavel to Chairman Connolly.
11. PROCLAMATION DESIGNATING OCTOBER 2004 AS “BREAST
CANCER AWARENESS MONTH” IN
Supervisor Hudgins moved approval of the Proclamation
to designate October 2004 as “Breast Cancer Awareness Month” in Fairfax
County. Supervisor Bulova seconded
the motion and it carried by a vote of nine, Supervisor McConnell being out
of the room.
12. PROCLAMATION DESIGNATING
Chairman Connolly
relinquished the Chair to Vice-Chairman Bulova and moved approval of the Proclamation to designate
October 17–23, 2004, as “Character Counts! Week” in
13. PROCLAMATION DESIGNATING OCTOBER 14, 2004,
AS “LIGHTS ON AFTER SCHOOL DAY” IN FAIRFAX COUNTY (10:22 a.m.)
Chairman Connolly
moved approval of the Proclamation
to designate October 14, 2004, as “Lights On After School Day” in Fairfax
County. Supervisor Gross seconded the
motion and it carried by a vote of seven, Supervisor Hudgins, Supervisor Hyland,
and Supervisor McConnell being out of the room.
14. CERTIFICATE
OF RECOGNITION PRESENTED TO THE
Chairman Connolly moved approval of the Certificate
of Recognition presented to the
Vice-Chairman
Bulova returned the gavel to Chairman Connolly.
15.
On behalf of the Fairfax Area Commission on
Aging, Mrs. Louis B. Wagner, presented the award for outstanding volunteer
service to older adults to Mrs. Ruth Beacom.
16.
This is the twentieth year of the Exceptional Design Awards Program. One hundred and eight projects have been recognized for their design excellence over that time. Joy Marshall Ortiz, Chairman of the Design Jury, presented the 2004 Exceptional Design Awards to the following:
·
Honor Award: National Air and
Architect: Hellmuth, Obata and
Owner/Developer: The Smithsonian Institution
Year Built: 2003
· Merit Award: Trillium House (Residential, Single-family Detached)
Architect: Jon Hensley Architects, PLLC,
Owner/Developer: Craig and Valerie Dykstra
Year Built: 2002
·
Merit Award: MITRE Corporation –
Architect: Ai,
Owner/Developer: The MITRE Corporation
Year Built: 2003
·
Honorable Mention Award: Unity of
Architect:
Owner/Developer: Unity of
Year Built: 2002
17.
(APPTS)
(BACs) ADVISORY SOCIAL
SERVICES BOARD
The Board deferred the appointments of the Lee
and Sully District Representatives to the Advisory Social Services Board.
AIRPORTS
ADVISORY COMMITTEE
The Board deferred the appointment of the Hunter
Mill District Representative to the Airports Advisory Committee.
ALCOHOL
SAFETY ACTION PROGRAM LOCAL POLICY BOARD
Supervisor Hudgins moved the reappointment of
Ms. Kathy Curtri as the At-Large #5 Representative to the Alcohol Safety
Action Program Local Policy Board. Chairman
Connolly seconded the motion, which carried by unanimous vote.
Supervisor Hudgins moved the reappointment of
Ms. Judith Ratliff as the At-Large #6 Representative to the Alcohol
Safety Action Program Local Policy Board.
Chairman Connolly seconded the motion, which carried by unanimous vote.
ANIMAL
SERVICES ADVISORY COMMISSION
The Board deferred the appointment of the Braddock
District Representative to the Animal Services Advisory Commission.
ARCHITECTURAL
REVIEW BOARD
The Board deferred the appointment of the Related
Professional Group #4 Representative to the Architectural Review Board.
(NOTE: Later
in the meeting, the Board made an appointment to this board. See below.)
BOARD
OF BUILDING CODE APPEALS
The Board deferred the appointment of the Design
Professional Representative #5 to the Board of Building Code Appeals.
ARCHITECTURAL
REVIEW BOARD
(NOTE: Earlier
in the board meeting, the Board deferred an appointment to this board.
See above.)
Supervisor Hyland moved the reappointment of
Mr. John Burns as the Related Professional Group #4 Representative
to the Architectural Review Board. Supervisor
McConnell seconded the motion, which carried by unanimous vote.
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.
CHILD
CARE ADVISORY COUNCIL
The Board deferred the appointment of the Mason
District Representative to the Child Care Advisory Council.
COMMISSION
FOR WOMEN
Chairman Connolly moved the reappointment of
Ms. Alotta Taylor as the At-Large Chairman's Representative to the
Commission for Women. Supervisor Gross
seconded the motion, which carried by unanimous vote.
Supervisor Kauffman moved the reappointment
of Ms. Emily McCoy as the Lee District Representative to the Commission
for Women. Supervisor Hyland seconded
the motion, which carried by unanimous vote.
Supervisor Gross moved the reappointment of
Ms. Ligia Espinosa as the Mason District Representative to the Commission
for Women. Supervisor Hyland seconded
the motion, which carried by unanimous vote.
Supervisor Hyland moved the reappointment of
Ms. Frances Hicks as the Mount Vernon District Representative to the
Commission for Women. This motion,
the second to which was inaudible, carried by unanimous vote.
Supervisor Frey moved the reappointment of Ms.
Kathy Goggin as the Sully District Representative to the Commission for
Women. Supervisor Hyland seconded the
motion, which carried by unanimous vote.
COMMISSION
ON ORGAN AND TISSUE DONATION AND TRANSPLANTATION
The Board deferred the appointments of the Dranesville and Sully District Representatives to the Commission on Organ and Tissue Donation and Transplantation.
COMMUNITY
ACTION ADVISORY BOARD
The Board
deferred the appointment of the Dranesville District Representative to the
Community Action Advisory Board.
COMMUNITY
CRIMINAL JUSTICE BOARD
The Board deferred the appointment of the Fairfax
County At-Large #2 Representative to the Community Criminal Justice Board.
CONSUMER
PROTECTION COMMISSION
Chairman Connolly moved the appointment of Mr. Bill Douskalis to fill the unexpired term of Mr. Davood Sedaghatfar as the Fairfax County Resident #13 Representative to the Consumer Protection Commission. Supervisor Hyland seconded the motion, which carried by unanimous vote.
CONFIRMATION:
Supervisor
Hyland moved the confirmation of the following appointments to the Fairfax
Community Long Term Care Coordinating Council:
·
Ms.
Supervisor
Kauffman seconded the motion, which carried by unanimous vote.
Supervisor
Gross moved the reappointment of Mr. Charles Wroblewski as the Citizen
#7 Representative to the History Commission.
Chairman Connolly seconded the motion, which carried by unanimous vote.
Supervisory
Hyland asked everyone to remember Donald Senese, Citizen Representative of
the History Commission, who died recently, and his family in thoughts. Supervisor Hyland further asked unanimous consent
that the Board direct staff to posthumously recognize him for his many years
of service to the History Commission. Without
objection, it was so ordered.
(NOTE: Later in the meeting, the Board noted that memorial
donations could be made to the History Commission. See Clerk’s Summary Item CL#31.)
The Board
deferred the appointments of the At-Large #6 and #9 Representatives to the
Human Rights Commission.
INDUSTRIAL DEVELOPMENT AUTHORITY
Supervisor
Hyland moved the reappointment of Mr. Robert Surovell as the At-Large
#1 Representative to the Industrial Development Authority. Supervisor Kauffman seconded the motion, which
carried by unanimous vote.
The Board
deferred the appointment of the At-Large #7 Representative to the Industrial
Development Authority.
JUVENILE AND DOMESTIC RELATIONS COURT CITIZENS
ADVISORY COUNCIL
The Board
deferred the appointment of the Lee District Representative to the Juvenile
and Domestic Relations Court Citizens Advisory Council.
OVERSIGHT COMMITTEE ON DRINKING AND DRIVING
The Board
deferred the appointments of the Braddock, Lee, and Mason District Representatives
to the Oversight Committee on Drinking and Driving.
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
The Board
deferred the appointment of the Resident/Owner #3 Representative to the Route
28 Highway Transportation District Advisory Board.
TENANT LANDLORD COMMISSION
The Board
deferred the appointment of the Landlord Member #3 Representative to the Tenant
Landlord Commission.
TREE
COMMISSION
Supervisor Gross moved the reappointment of
Ms. Kathryn James as the Mason District Representative to the Tree
Commission. Chairman Connolly seconded
the motion, which carried by unanimous vote.
Supervisor McConnell moved the reappointment
of Ms. Laura Hoy as the Springfield District Representative to the
Tree Commission. Chairman Connolly
seconded the motion, which carried by unanimous vote.
Supervisor Kauffman moved the appointment of
Ms. Kathleen Snyder to fill the unexpired term of the late Ms. Darelyn Handley as the Lee District Representative to the
Tree Commission. Chairman Connolly
seconded the motion, which carried by unanimous vote.
CONFIRMATION:
Supervisor
Bulova moved the confirmation of the following appointments to the Youth Basketball
Council Advisory Board:
·
Mr. Tom Moore
as the Chairman Representative
·
Mr. C. McClain Haddow
as the Immediate Past Chairman Representative
·
Mr. Fred Plumb
as the Commissioner, Scheduler, and the
·
Mr. Garrett Stone
as the Secretary and
·
Mr. Thomas Howell
as the Member At-Large, Parliamentarian, and the Herndon Optimist Club Representative
·
Mr. Fred
McCarrick as the Treasurer and Turnpike Basketball Club Representative
·
Mr. Bernie Conrow
as the Boys Deputy Commissioner Representative
·
Mr. Michael Stensrud
as the Girls Deputy Commissioner and the
·
Mr. Christopher Pulley
as the Fairfax County Department of Community and Recreation Services Representative
·
Mr. Marvin Elliott
as the
·
Dr. Frank DeLatour
as the
·
Mr. Kevin Springer
as the
·
Mr. John Blevins
as the
·
Mr. Kevin Prince
as the Ashburn Athletic Association Representative
·
Mr. Bob Bladel
as the Ashburn Athletic Association Alternate Representative
·
Mr. Grady Bryant
as the
·
Mr. David Sheppard
as the
·
Mr. Dave Schoolfield
as the
·
Mr. Jim Watson
as the
·
Mr. John Niehoff
as the Burke Basketball Representative
·
Mr. Jack McHale
as the Burke Basketball Alternate Representative
·
Mr. Rein Kiewel
as the
·
Mr. Rick Shryock
as the
·
Ms. Michelle Chapman-Campbell
as the
·
Mr. Mike Do
as the
·
Ms. Mitzi Taylor
as the
·
Mr. Danny Schlitt
as the
·
Mr. Richard L. Herman
as the
·
Ms. Tamera D. Hopkins
as the
·
Mr. Kenneth Waters
as the Fort Hunt Athletic Association Representative
·
Ms. Lisa Walsh
as the
·
Mr. Greg S. Jones
as the
·
Ms. Dawn Lucas
as the
·
Ms. Tanya Alestock
as the
·
Mr. Tom Benton
as the Herndon Optimist Club Alternate Representative
·
Mr. Bob Williams
as a
·
Ms.
·
Mr. Ray Cicale
as the
·
Mr. Tim Shouman
as the
·
Mr. Rob Barth
as the
·
Ms. Gale Scott
as the
·
Mr. Antoine Harris
as the
·
Mr. Chuck Gupton
as the Mount Vernon Youth Association Representative
·
Mr. Will Nesbitt
as the
·
Mr. Mitch Kalman
as the
·
Mr. Ron Wiley
as the
·
Mr. Bob Korman
as the Southwestern Youth Association Representative
·
Mr. Dave Vennergrund
as the Southwestern Youth Association Alternate Representative
·
Mr. Jeff Friday
as the Springfield Youth Club Representative
·
Mr. Rob Barnard
as the
·
Mr. Barry Robeson
as the Turnpike Basketball Club Alternate Representative
·
Mr. E.J. Thomas
as the
·
Mr. Taylor Roberts
as the
Supervisor McConnell seconded the motion, which carried by unanimous vote.
AD
HOC COMMITTEES
LAUREL
HILL ADAPTIVE REUSE PLAN ADVISORY COMMITTEE
The Board
deferred the appointment of the Dranesville District Representative to the
Laurel Hill Adaptive Reuse Plan Advisory Committee.
Supervisor
DuBois noted that it was her understanding that this committee would be disbanding
in the near future, having completed its task.
STORMWATER
ADVISORY COMMITTEE
The Board deferred the appointments of the Small/Medium
Commercial/Office Property Representative and Non-Profit Coalition Representative
to the Stormwater Advisory Committee.
ADDITIONAL
APPOINTMENTS
COMMISSION
ON AGING
Supervisor Bulova moved the appointment of Ms.
Tena Bluhm to fill the unexpired term of Ms. Theresa Gaffney as the Braddock
District Representative to the Commission on Aging. Chairman Connolly seconded the motion, which
carried by unanimous vote.
SMALL
BUSINESS COMMISSION
Supervisor Frey moved the appointment of Mr.
Marvin Powell to fill the unexpired term of Mr. John Townes as the Sully
District Representative to the Small Business Commission. Supervisor McConnell seconded the motion, which
carried by unanimous vote.
DS:ds
18. ADMINISTRATIVE
ITEMS (
Supervisor Gross moved approval of the Administrative
Items. Supervisor Hyland seconded the
motion.
Supervisor Smyth called the Board's attention
to Admin 12 – Authorization to Advertise Public Hearings to Consider Proposed
Amendments to the Public Facilities Manual and discussion ensued with input from John Friedman, Engineer IV,
Code Analysis Division, Office of Site Development Services, Department of
Public Works and Environmental Services, regarding the drainage divides.
Supervisor Hudgins called the Board's attention
to Admin 14 – Approval of Changes to the Northern Virginia Workforce Investment
Board (NVWIB) Consortium Agreement and Supplemental Appropriation Resolutions
AS 05027, AS 05028, AS 05029, and AS 05030 for the Department of Family Services
to Accept Grant Funds from the Virginia Employment Commission to Continue
to Operate the Workforce Investment Act Employment and Training Programs for
Adult, Youth, and Dislocated Workers, and the MetroTech Program on Behalf
of the NVWIB and discussion ensued with input from Juana Maria Diaz, Director,
Self-Sufficiency Division, Department of Family Services, regarding the accomplishments
of the Adult, Youth, and Dislocated Worker programs.
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."
ADMIN
1 – EXTENSION OF REVIEW PERIODS FOR 2232 PUBLIC FACILITY REVIEW APPLICATIONS
(BRADDOCK, DRANESVILLE, HUNTER MILL, MASON,
Approved the extension of review periods for
the following Public Facility (2322) Review Applications:
·
2232-D04-7 to
·
FS-H04-53 to
·
FS-S04-56 to
·
FS-S04-57 to
·
FS-V04-58 to
·
FS-M04-62 to
·
2232-B04-14 to
ADMIN
2 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENTS TO
THE CODE OF THE COUNTY OF FAIRFAX, APPENDIX G, EXPANDING THE CHANTILLY RESIDENTIAL
PERMIT PARKING DISTRICT (RPPD), DISTRICT 29 (SULLY DISTRICT)
(A) Authorized the advertisement of a public hearing
to be held before the Board on
ADMIN
3 – ADDITION OF SEGMENTS OF
(R) Adopted the Resolution requesting that new segments
of
ADMIN
4 – ADDITION OF NEW LANES
(R) Adopted the Resolution requesting that the additional
lanes on
ADMIN
5 – ADDITION OF SEGMENTS OF FAIRFAX COUNTY PARKWAY, BACKLICK ROAD, AND OLD
BACKLICK ROAD; DISCONTINUANCE OF SEGMENTS OF BACKLICK ROAD AND ACCOTINK ROAD;
AND RENUMBERING OF A SEGMENT OF OLD BACKLICK ROAD FOR THE SECONDARY SYSTEM
OF STATE HIGHWAYS (MOUNT VERNON DISTRICT)
(R) Adopted the Resolution requesting the following:
·
That segments of the
·
That segments of
·
That a segment of
ADMIN
6 – ADDITION OF SEGMENTS OF FAIRFAX COUNTY PARKWAY, SUGARLAND VALLEY DRIVE,
AND SHAKER WOODS ROAD AND THE DISCONTINUANCE OF SEGMENTS OF STUART ROAD AND
SUGARLAND VALLEY DRIVE TO AND FROM THE SECONDARY SYSTEM OF STATE HIGHWAYS
(HUNTER MILL AND DRANESVILLE DISTRICTS)
(R) Adopted the
Resolution requesting the following:
·
That segments of
·
That old segments of
ADMIN
7 – ADDITION AND DISCONTINUANCE OF SEGMENTS OF FAIRFAX COUNTY PARKWAY, GUNPOWDER
ROAD, AND CANNONBALL ROAD TO AND FROM THE SECONDARY SYSTEM OF STATE HIGHWAYS
(SPRINGFIELD DISTRICT)
(R) Adopted the
Resolution requesting the following:
·
That new segments of
·
That old segments of
ADMIN
8 – ADDITION OF SEGMENTS OF
(R) Adopted the Resolution requesting that new segments
of
ADMIN
9 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON A PROPOSAL TO PROHIBIT
THROUGH TRUCK TRAFFIC ON THIRD PLACE, FOURTH PLACE, DIXON STREET, AND SANGER
STREET AS PART OF THE RESIDENTIAL TRAFFIC ADMINISTRATION PROGRAM (R-TAP) (MOUNT
VERNON DISTRICT)
(A) Authorized the advertisement of a public hearing
to be held before the Board on
·
·
·
·
ADMIN
10 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENTS TO
THE CODE OF THE
(A) Authorized the advertisement of a public hearing
to be held before the Board on
ADMIN
11 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON THE ACQUISITION OF CERTAIN
LAND RIGHTS NECESSARY FOR THE CONSTRUCTION OF THE FALLS HILL SANITARY SEWER
EXTENSION AND IMPROVEMENT PROJECT (PROVIDENCE DISTRICT)
(A) Authorized the advertisement of a public hearing
to be held before the Board on November
15, 2004, at 4 p.m. on the acquisition of certain land rights necessary
for the construction of Project X00826, Extension Project Fiscal Year 1996
(1036) – Falls Hill Sanitary Sewer Extension and Improvement.
ADMIN
12 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENTS TO
THE PUBLIC FACILITIES MANUAL (PFM)
(A) (Earlier in the meeting, this item was discussed.
See page 14.)
Authorized the advertisement of a public hearing
to be held before the Planning Commission on
ADMIN
13 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING TO CONSIDER THE RESPONSE
PROVIDED BY COMCAST OF VIRGINIA, INCORPORATED, TO THE COUNTY'S REQUEST FOR
CABLE TELEVISION FRANCHISE RENEWAL PROPOSAL
This item was withdrawn by staff.
ADMIN
14 – APPROVAL OF CHANGES TO THE NORTHERN VIRGINIA WORKFORCE INVESTMENT BOARD
(NVWIB) CONSORTIUM AGREEMENT AND SUPPLEMENT APPROPRIATION RESOLUTIONS (SAR)
AS 05027, AS 05028, AS 05029, AND AS 05030, FOR THE DEPARTMENT OF FAMILY SERVICES
TO ACCEPT GRANT FUNDS FROM THE VIRGINIA EMPLOYMENT COMMISSION TO CONTINUE
TO OPERATE THE WORKFORCE INVESTMENT ACT EMPLOYMENT AND TRAINING PROGRAMS FOR
ADULT, YOUTH, AND DISLOCATED WORKERS, AND THE METROTECH PROGRAM ON BEHALF
OF THE NVWIB
|
(SARs) |
(NOTE: Earlier
in the meeting, this item was discussed. See page 15.)
·
Approved a change in the revised
NVWIB Consortium Agreement to name SkillSource Group, Incorporated (SSG),
as the fiscal agent in order for SSG to receive funds directly from
the Virginia Employment Commission.
·
Adopted SARs
AS 05027, AS 05028, AS 05029, and AS 05030 in the amount of $2,180,660
to continue to operate the Youth, Dislocated Worker, and MetroTech programs
under the Workforce Investment Act. |
19. A-1 – ENDORSEMENT
OF DESIGN PLANS FOR THE CONSTRUCTION OF
Supervisor Gross moved that the Board concur
in the recommendation of staff and direct staff, on behalf of the Board, to
provide the following comments and recommendations to the Virginia Department
of Transportation regarding the proposed pedestrian bridge and fencing on
·
That a plan be developed to provide
landscaping around the bridge, ramps, and fencing.
This should include trash receptacles to minimize litter in the area.
·
That the bridge structure be built
using galvanized steel to reduce maintenance requirements.
·
That the railings and fixtures be
compatible with the County's Commercial Revitalization plan for the area.
·
That the top of the stairwells have
similar rooflines as the adjacent shopping center so as to be architecturally
compatible.
·
That the bridge and ramps be lit to
provide a safe facility at night. Consideration should be made in the design to
discourage possible inappropriate use of the area under the ramps.
·
That the sidewalk be extended along
the north side of
Supervisor Hyland seconded the motion.
Following discussion regarding fencing along
both sides of Route 50, but not down the middle of Route 50, as was suggested,
the question was called on the motion and it carried by unanimous vote.
20. A-2 – ENDORSEMENT
OF FISCAL YEAR 2005
(Rs) On motion of Supervisor Smyth, seconded by Supervisor
Hyland, and 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," the Board concurred in the recommendation
of staff and:
·
Endorsed the enhancement projects
for which applicants have identified a source for the required minimum 20
percent match as contained in the Board Agenda Item dated
·
Directed the
21. A-3 – AGREEMENT
TO USE PRIVATE PROPERTY TO PROVIDE FAIRFAX CONNECTOR SERVICE TO THE MOUNT
VERNON HOUSE AND NEIGHBORING AREA (MOUNT VERNON DISTRICT) (11:10 a.m.)
Supervisor Hyland moved that the Board concur
in the recommendation of staff and:
·
Approve an agreement, in substantial
form, between the County and Mount Vernon Associates LLLP to allow FAIRFAX
CONNECTOR buses to utilize the private roadway of Mount Vernon House in order
to travel between
·
Authorize the Director of the Department
of Transportation to sign the final agreement.
Supervisor McConnell seconded the motion.
Discussion ensued regarding bus service to those
who live in, work at, and travel to Mount Vernon House, Mount Vernon Nursing
Home, and other nearby destinations.
The question was called on the motion and it
carried by unanimous vote.
22. A-4 – APPROVAL
OF THE METRO MATTERS FUNDING AGREEMENT FOR THE
Supervisor Kauffman moved that the Board concur
in the recommendation of staff and:
·
Approve, in substantial form, a funding
agreement in support of the WMATA Capital Improvement Program including the
Metro Matters program.
·
Designate the
Supervisor Hudgins seconded the motion.
Discussion ensued, with input from Tom Biesiadny,
Chief, Coordination and Funding Section, Department of Transportation,
and Leonard Wales, County Debt Manager, Department of Management and Budget,
regarding the use of bonds for the
Metro Matters program.
The question was called on the motion and it
carried by unanimous vote.
23. A-5 – DISCLOSURE
AGREEMENT RELATED TO THE ISSUANCE OF REFUNDING BONDS BY THE
On motion of Supervisor Frey, seconded by Supervisor
Hyland, and carried by unanimous vote, the Board concurred in the recommendation
of staff and:
·
Approved the proposed Disclosure Agreement
related to the issuance of refunding bonds by the Upper Occoquan Sewage Authority.
·
Authorized the Board Chairman to execute
the Agreement on behalf of the Board in substantial form.
24. I-1 – STATUS
REPORT ON TRANSPORTATION CAPITAL PROJECTS WITHIN
The Board next considered an item contained
in the Board Agenda dated
Supervisor Kauffman called the Board's attention
to handwritten page 76, the Franconia/Springfield Parkway/I-95 General Access
Ramps project, and noted that one of the key issues with the Board moving
forward with the project was the understanding that a grade separation at
Bonnie Mill be built in advance or concurrent with the project. Therefore, Supervisor Kauffman asked unanimous
consent that the Board direct staff to correct the item to include this project.
Following discussion, with input from Karyn
L. Moreland, Capital Projects Section, Department of Transportation, without
objection, it was so ordered.
Supervisor Smyth called the Board's attention
to handwritten page 29, the Route 29 from I-495 to
Supervisor Bulova called the Board's attention
to handwritten page 27, the
25. I-2 – RECOGNITION OF COMPREHENSIVE ANNUAL FINANCIAL
REPORT (CAFR) AND ANNUAL BUDGET BY THE GOVERNMENT FINANCE OFFICERS ASSOCIATION
(GFOA) (
The Board next considered an item contained
in the Board Agenda dated
26. I-3 – PLANNING
COMMISSION ACTION ON PUBLIC FACILITIES REVIEW APPLICATION 2232‑D04‑7,
VERIZON WIRELESS (DRANESVILLE DISTRICT)
(
The Board next considered an item contained
in the Board Agenda dated
27. I-4 – CONTRACT AWARD – CONTRACT FOR ARCHITECTURAL/ENGINEERING
DESIGN SERVICES FOR THE WOLF TRAP FIRE STATION (DRANESVILLE DISTRICT)
(
The Board next considered an item contained
in the Board Agenda dated
Supervisor DuBois noted that this project is
in the Dranesville District, not the Hunter Mill District.
Discussion ensued with input from Jimmie D.
Jenkins, Director, Department of Public Works and Environmental Services (DPWES),
and Carey Needham, Chief, Building Design Branch, Planning and Design Division,
DPWES, regarding air intake systems in fire stations.
The staff was directed administratively to proceed
as proposed.
28. I-5 – CONTRACT
AWARD – ROUTE 29/BULL RUN POST OFFICE ROAD (SULLY DISTRICT) (
The Board next considered an item contained
in the Board Agenda dated
·
Award a contract to A and M Concrete
Corporation in the amount of $788,180.05 for the construction associated with
Project 064228, Route 29/Bull Run Post Office Road.
·
Reallocate funds in amount of $1,003,984.61
from Project 006490, Construction Reserve.
29. I-6 – PROJECT
COOPERATION AGREEMENT BETWEEN THE US DEPARTMENT OF THE ARMY, FAIRFAX
COUNTY, AND PRINCE WILLIAM COUNTY FOR THE CONSTRUCTION OF THE OCCOQUAN RIVER
FEDERAL NAVIGATION CHANNEL IMPROVEMENT PROJECT (OCCOQUAN RIVER DREDGING PROJECT)
(MOUNT VERNON AND SPRINGFIELD DISTRICTS) (11:23 a.m.)
The Board next considered an item contained
in the Board Agenda dated
The staff was directed administratively to proceed
as proposed.
30. I-7 – AGREEMENT
FOR THE DEVELOPMENT AND OPERATION OF ASH CONDITIONING EQUIPMENT AT THE ENERGY/RESOURCE
RECOVERY FACILITY (
The Board next considered an item contained
in the Board Agenda dated
Following discussion regarding the ash conditioning
equipment, the staff was directed administratively to proceed as proposed.
NV:nv
ADDITIONAL BOARD MATTERS
31. DONATIONS IN MEMORY OF THE LATE DR. DONALD J.
SENESE (
(BACs) (NOTE: Earlier in the meeting, Supervisor Hyland announced the death of Dr. Donald J. Senese. See page 8.)
Supervisor Hyland reported that in lieu of flowers, the wife of the late Donald J. Senese, Citizen Representative to the History Commission, requested that any memorial donations be made to the History Commission.
Chairman Connolly noted that the Board would find an appropriate way to honor Dr. Senese at a later date.
32. ENGINEERING STANDARDS REVIEW COMMITTEE (ESRC)
PAST CHAIRMAN RECOGNITION (
(BACs) Chairman Connolly said that on
Therefore, Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and asked unanimous consent that the Board direct staff to invite Mr. Eddy to appear before the Board and receive recognition for his outstanding service. Without objection, it was so ordered.
33.
Chairman Connolly said that on
Therefore, Chairman Connolly
moved that the Board endorse the letter contained in his written Board Matter
which requests the Fairfax County Legislative Delegation to identify the best
means of funding and implementing the
Following a brief comment about the cost, the question was called on the motion and it carried by unanimous vote.
34. NOMINATION PROCESS FOR PLACEMENT OF LAUREL HILL
ON THE NATIONAL REGISTER OF HISTORIC PLACES (MOUNT VERNON DISTRICT) (
Chairman Connolly
said that he recently received a letter
from Charles Bierce, Chairman, Architectural Review Board, in which he requests
that the County submit an application nominating Laurel Hill, the former Lorton
prison operated by the
Therefore, Chairman Connolly moved that the Board direct the Director of the Department of Planning and Zoning to proceed to employ consultant assistance to prepare the application for possible inclusion in the National Register of Historic Places and that the funds for this effort be absorbed within the funds already appropriated for Laurel Hill by the Board. Supervisor Hyland seconded the motion and it carried by unanimous vote.
35.
Chairman Connolly
said on Tuesday, October 12 the County
held a very successful WACOT Senior Executive’s Forum at the Tower Club in
Tysons Corner. There were a number
of speakers including Congressman Frank Wolf, Washington Board of Trade President
Bob Peck,
36.
Chairman Connolly
said that “America Recycles Day” is
a national celebration with the goals of raising awareness about recycling
and encouraging the purchase of recycled-content products both within the
County government as well as with the residents and businesses located in
the County. To celebrate, the County
will host the annual Community Recycling Roadshow at
Therefore, Chairman Connolly moved that the
Board:
·
Direct the
·
Proclaim
·
Direct the
Vice-Chairman Bulova seconded the motion, which
carried by unanimous vote.
37. SMILE PROGRAM
RECOGNITION (
Chairman Connolly said that October
5 was the due date for personal property taxes. He added that thanks to initiatives such as
online bill payments and advance automobile decal mailings, the Department
of Tax Administration (DTA) has greatly reduced
the need for as many citizens to physically come to the
Therefore, on behalf of the Board,
Chairman Connolly asked unanimous consent that the Board express its appreciation
to Kevin Greenlief, Director of the DTA, and all
of the employees who participated in the SMILES program, whether wearing the
red shirts or answering the DTA phone lines, for their tremendous service
to the citizens of
Chairman Connolly asked unanimous consent that the Board direct staff to draft an appropriate certificate for presentation to Mr. Greenlief and his colleagues at DTA. Without objection, it was so ordered.
38. RECOGNITION OF THE RECEIPT OF THE BEST WORKPLACES
FOR COMMUTERS (BWC) AWARD BY THE COUNTY (
Chairman Connolly
said that the BWC Program was established
by the US Environmental Protection Agency and the US Department of Transportation
to advocate employee commuter benefits. Employers that provide and administer a commuter
benefits program that meets the BWC’s National Standard of Excellence are
recognized by the designation “Best Workplaces for Commuters” – a mark of
excellence for environmentally and employee-friendly organizations.
Therefore, Chairman Connolly asked unanimous
consent that the Board direct staff to invite the appropriate staff at the
appropriate time to appear before the Board to be recognized for its outstanding
efforts in promoting telework and other strategies of the BWC Program. Without
objection, it was so ordered.
39. MS. DEBORAH TYLER NAMED WINNER OF
MILKEN AWARD (
Chairman Connolly
said that Supervisor Smyth would be
presenting a Board Matter on the naming of Ms. Deborah Tyler as one of two
winners of the Milken National Educator Awards in
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
(NOTE: Later in the meeting, Supervisor Smyth
presented the referenced Board Matter. See Clerk's Summary Item CL#58.)
40. SAFE DIVING
FACILITIES AT POOLS (
Supervisor DuBois
stated that early this past summer, she learned of concerns, particularly
with swimming pools in the
Supervisor DuBois said that the Health Department has been working with the affected pools and the NVSL to ensure that users have the opportunity to dive, but in the safest possible environment. She recently hosted meetings with staff and the affected groups and industry representatives to facilitate that goal.
Accordingly, Supervisor DuBois asked unanimous consent that the Board direct the Health Department, with advice from the County Attorney, to continue its efforts to work with any affected pools and the NVSL to ensure compliance with the County Code while preserving, whenever possible, the opportunity for pools to continue to offer safe diving facilities and recreational competitive diving for their patrons and to report its findings to the Board by March 31, 2005. Without objection, it was so ordered.
41. UPDATE ON PROPOSED ZONING ORDINANCE AMENDMENT (
Supervisor DuBois
provided an update on the proposed Zoning Ordinance amendment requested by
the Board in June to allow for rezoning from a conventional zoning district
where cluster subdivisions are not permitted by right to the corresponding
PDH District with the provisions of one bonus dwelling unit. She noted that this was a specific request resulting
from a residential development that was proposed in the
Supervisor DuBois
said that subsequent to the advertisement of the proposed amendment, the applicant
who had requested the PDH zoning withdrew the application. On October 14 the
42. SPECIAL EVENTS
IN THE DRANESVILLE DISTRICT (
Supervisor DuBois
announced two special events in the
Supervisor DuBois
also announced that Mary Poole, the oldest living member of the McLean Volunteer
Fire Department Ladies Auxiliary, celebrated her one hundredth birthday.
She recounted some of Ms. Poole’s history and noted that the McLean
Volunteer Fire Department will name an ambulance after her to honor her contributions. On behalf of the Board, Supervisor DuBois offered her congratulations and thanks for Ms. Poole’s
dedicated service to the
43.
Supervisor DuBois
provided copies of the invitation to the dedication ceremony for the Great
Falls Freedom
Accordingly,
Supervisor DuBois asked unanimous consent that the Board direct the
44. COMMENTS ON THE PROPOSED NOISE COMPATIBILILTY
PROGRAM FOR THE
Supervisor Hyland
said that the
Therefore,
Supervisor Hyland asked unanimous consent that the Board endorse the letter
prepared by staff providing comments on the MWAA document and direct staff
to transmit them to MWAA before the deadline.
Without objection, it was so ordered.
45. CONCURRENT PROCESSING OF PROFFERED CONDITION AMENDMENT
APPLICATION PCA 80-L-070 AND SPECIAL EXCEPTION APPLICATION SE 2004-MV-020
(MOUNT VERNON DISTRICT) (
Supervisor Hyland
said that Commonwealth Construction
Management is the contract purchaser of a portion of a site identified on
Tax Map 107-4 ((1)) 68A. The property
is located on the west side of
Supervisor Hyland moved that the Board direct
the Director of the Department of Public Works and Environmental Services
to process the site plan and other associated plans concurrently with Proffered
Condition Amendment Application PCA 80-L-070 and Special Exception Application
SE 2004-MV-020 for the reasons cited in his written Board Matter. Approval of this motion shall not prejudice the
review of this application. Supervisor
McConnell seconded the motion and it carried by a vote of nine, Chairman Connolly
being out of the room.
46. JOINT BOARD MATTER REGARDING THE
Supervisor Hyland
noted that he was presenting this item jointly with Supervisor Kauffman.
He said that the South County Bus Service Plan was launched September
26. The new South County Bus Service
was the first major change since 1985 and included a 40 percent increase in
service affecting 21 of 22 FAIRFAX CONNECTOR routes. Even with thorough planning using the latest
bus trip scheduling software, staff anticipated that it would have to make
adjustments after launching the service as was the case when the Dulles Corridor
Express Bus Service Plan was implemented in 1999.
Supervisor Hyland said that staff determined
that adjustments and changes need to be made as soon as possible to ensure
schedule reliability on three routes and to make connections and service levels
fit the needs of customers on several routes.
Staff has advised that costs associated with these changes can be absorbed
within the Fiscal Year 2005 Budget.
Therefore, Supervisor Hyland, jointly with Supervisor
Kauffman, moved approval of the following changes to be effective
·
Route 171: Implement a new timetable
to ensure schedule reliability. Heavier than anticipated traffic volumes on
·
Routes 321 & 322: Implement new
timetables to ensure schedule reliability. Heavier traffic volumes on
·
Route 109: Revise the route and add
Saturday service so that coverage, service levels, and connections between
the Huntington
·
Route 123: Delete the Van Dorn Street
Metro Station and
·
Route 310, 331, and 332: Add earlier
and/or later trips to fit the needs of the customers based on comments received.
·
Route 307: Adjust the timetable so
that connections can be made with the new Route 171 at the Lorton Park-and-Ride.
Supervisor Kauffman seconded the motion.
Following discussion, with input from Jim Carrell,
staff, Department of Transportation, the question was called on the motion
and it carried by unanimous vote.
Supervisor Hyland said that a rezoning application
was submitted by Potomac Custom Homes, LC for residential development.
Two platted streets,
Therefore, Supervisor Hyland moved that the
Board authorize the inclusion of 0.67 acre portions of Lenore Drive and Virginia
Drive in a rezoning application to be filed by Potomac Custom Homes LC on
property identified as Tax Map 98-2 ((4)) 1 and 2. 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. Supervisor Bulova seconded the motion and it
carried by unanimous vote.
48. PUBLIC HEARING
DEFERRALS (
Supervisor Hyland announced his intent to defer, at the appropriate time later in the meeting, the following public hearings:
· Rezoning/Final Development Plan Application RZ/FDP 2003-MV-060 (D.R. Horton, Incorporated)
· Rezoning Application RZ 2003-MV-059
· Proposed Out-of-Turn Plan Amendment S01-CW-9CP Regarding Updates to the Police Section of the Public Safety Component of the Policy Plan
(NOTE: Later in the meeting, these public hearings were formally deferred. See Clerk's Summary Items CL#81, CL#86, and CL#95.)
49. HUNTING ON LITTLE HUNTING CREEK (MOUNT VERNON
DISTRICT) (
Supervisor Hyland
explained an incident whereby the
Discussion ensued, with input from Michael A. Long, Senior Assistant County Attorney, regarding the history and resolution of this issue and the applicability of the County’s ordinance.
Supervisor Hyland asked unanimous consent that the Board direct staff to provide its options on this issue. Without objection, it was so ordered.
50. DESTRUCTION OF THE MASON DISTRICT PARK AMPHITHEATER
BY FIRE (
Supervisor Gross announced the terrible loss of the Mason District Park Amphitheater which burned to the ground early Sunday, October 17, and she circulated photographs around the dais. The cause of the fire is under investigation. The community seeks to rebuild as quickly as possible.
Accordingly, Supervisor Gross moved that the Board direct staff to:
· Expedite the plan review process.
· Secure building permits as soon as possible thereafter.
Supervisor Hyland seconded the motion, and discussion ensued regarding the need for a quick rebuild and Supervisor Gross’s personal history with the amphitheater.
The question was called on the motion, which carried by unanimous vote.
51. MUTUAL
AID INDEMNIFICATION PROVISIONS (
Supervisor Gross announced that this Board Matter is a follow-up
to the discussion in the Legislative Committee last Friday afternoon.
She reminded the Board that the Senate and House are expected to designate
a Conference Committee to address provisions of the Mutual Aid Indemnification
provisions that have been negotiated by the
Accordingly, Supervisor Gross moved that the Board endorse
the draft letter to Congressman Tom Davis, as circulated to the Board, that urges him to act to preserve the Senate language
intact in the conference committee, and authorizes the Chairman to sign it
today so that it can be faxed to Congressman Davis and other
Chairman Connolly seconded the motion with the noted modification to the letter and it carried by unanimous vote.
52. REQUIREMENT FOR COVERED GARBAGE CONTAINERS (
Supervisor Gross
stated that she was contacted by the president of the Landmark
Supervisor Gross
stated that she spoke with the Health Department and learned that a review
of the current Code requirements is being undertaken. Accordingly, she asked unanimous consent that
the Board refer the Landmark
53. ANNANDALE COMMERCIAL REVITALIZATION DISTRICT (CRD)(BRADDOCK
AND
Jointly with Supervisor Bulova, Supervisor Gross said that the County is committed to facilitating the revitalization of older commercial areas, one of which is the Annandale Revitalization Area. To that end, amendments have been made to the Comprehensive Plan and to revitalization programs including the establishment of the Annandale CRD in 1998. Staff and the Annandale Central Business District Planning Committee identified an area west of the current Annandale CRD that should be included in the CRD to facilitate commercial revitalization.
Supervisor Gross said that she and Supervisor Bulova believe that it is appropriate to request staff to evaluate amending the Comprehensive Plan for these properties and also believe it is appropriate to initiate a Board's Own Motion to rezone the properties to be in the Annandale CRD District.
Supervisor Gross said that CRDs were established by the Board to encourage economic development activities in certain older commercial areas of the county. The properties listed in the list attached to her written Board Matter are primarily planned and zoned for commercial use and inclusion of these properties in the CRD would facilitate private investment in revitalization and provide support to help retain existing businesses as set forth in the Policy Plan. Adjusting the CRD to include these properties may provide eligibility for a partial tax exemption incentive to improve the quality of buildings within the CRD.
Therefore, Supervisor Gross and Supervisor Bulova moved that the Board:
· Initiate a Board's Own Motion rezoning application for the subject properties, which are shown on the map attached to her written Board Matter and listed by parcel number, to permit the Board to consider placing these properties within the CRD Overlay District.
· Authorize an Out-of-Turn Plan Amendment to consider Plan guidance encouraging the provision of streetscape and other visual improvements in this area.
· Waive the posting requirement as provided by Section 18-110 of the Zoning Ordinance.
· Expedite the Comprehensive Plan Amendment and rezoning application associated with the expansion of the Annandale CRD.
Supervisor Bulova seconded the motion and a brief discussion ensued regarding the proposal to expand the Annandale CRD.
The question was called on the motion, which carried by unanimous vote.
54. RECOGNITION OF MR. AND MRS. GARY HARNEY (
Supervisor Gross noted that a representative of the Lee Boulevard Heights
Community contacted her about recognition of Mr. and Mrs. Gary Harney at the
upcoming association meeting on October 26. She described some of the couple’s contributions
to the community.
Supervisor Gross said that the Lee Boulevard Heights Community wishes
to take a formal opportunity to thank Mr. and Mrs. Harney for all of their
dedication and good work. Therefore
she asked unanimous consent that the Board direct staff to prepare an appropriate
certificate for presentation at the
55. APPOINTMENTS TO THE
(APPTs) Supervisor Hudgins
stated that on October 16, the
·
Ms. Beverly Cosham (reappointment)
·
Terry Smith (reappointment)
·
Mr. Roger Lowen (appointment)
Chairman Connolly seconded the motion, which carried by unanimous vote.
56. RECOGNITION OF MS. LILLIE DEGREE (HUNTER MILL
DISTRICT) (
Supervisor Hudgins
reported that more than 30 years ago, Ms. Lillie DeGree began volunteering
at the newly opened
Supervisor Hudgins
asked unanimous consent that the Board direct staff to invite Ms. DeGree to
appear before the Board to receive recognition for her contributions to the
children of
57. RECOGNITION OF THE
Jointly with Supervisor Frey and Supervisor McConnell, Supervisor Hudgins announced that on November 7 the Chantilly Pyramid Minority Student Achievement Committee will celebrate its twentieth anniversary. Its established mission is to help minority students bridge the gap in academic achievement by encouraging parents, students, teachers, and administrators to work collaboratively to achieve academic excellence. Various programs have been created to support and foster individual success stories.
Accordingly, jointly with Supervisor Frey and Supervisor McConnell, Supervisor Hudgins asked unanimous consent that the Board direct staff to invite the Chantilly Pyramid Minority Student Achievement Committee to appear before the Board at the November 15, 2004, meeting to receive a certificate of recognition for its 20 years of service to the Fairfax County Public Schools. Without objection, it was so ordered.
There was a
brief discussion, with input from
PMH:pmh
58. REQUEST FOR CERTIFICATE OF RECOGNITION FOR MS. DEBORAH
TYLER (PROVIDENCE DISTRICT) (
(Earlier in the meeting, this issue was discussed. See Clerk's Summary Item CL#39.)
Supervisor Smyth said that
the Milken Family Foundation National Educator Awards program provides public
recognition and financial rewards to elementary and secondary school teachers,
principals, and other education professionals who are furthering excellence
in education. From its original presentation
of awards to a dozen
Criteria for selection include exceptional educational talent via instructional practices in the classroom, school, and profession; outstanding accomplishments and long-range potential for professional and policy leadership; and an inspiring presence that motivates students, colleagues, and the community. Thus far, the foundation has awarded over $50 million in awards to more than 2,100 educators across the country.
On behalf of Chairman Connolly,
and Providence District School Board Representative Phil Niedzielski-Eichner,
Supervisor Smyth announced that Deborah Tyler, principal of
Supervisor Smyth referred to her written Board Matter and outlined Ms. Tyler's accomplishments.
Therefore, Supervisor Smyth
asked unanimous consent that the Board direct staff to prepare a certificate
of recognition for Ms. Tyler for her outstanding service to the Schools to
be presented at the
59. BRADDOCK BYLINE (BRADDOCK DISTRICT)
(
Supervisor Bulova distributed to Board Members the Braddock Byline and reviewed some of the upcoming events in Braddock District.
60. PROTECTING
ATHLETIC FIELD INVESTMENTS (
(BACs) Jointly with Supervisor Hyland, Supervisor Kauffman said the Lee-Mount Vernon Soccer Association shared its concern over damage being caused to park and school fields by organized "walk-on" groups of adult soccer teams. These groups have not only failed to apply for permits; they frequently block the fields and associated parking lots to keep permitted youth groups at bay and intimidate them if they attempt to use the field as scheduled. Finally, the groups regularly use fields during and after inclement weather and when fields have been specifically closed for repairs or maintenance.
To preserve the fields, Supervisor Kauffman moved that the Board direct staff from the Park Authority, the Department of Community and Recreation Services (CRS), Police and Schools to work with the Athletic Council and key community partners to review the following proposals and investigate best practices for the control of unauthorized use to minimize the ongoing damage to the school and park fields:
· Revisit the definition of "group" or organized play to provide clarity.
· Develop control measures for walk-on or unauthorized use.
· Develop monitoring and enforcement procedures to allow permitted use of level 1 and 2 fields.
· Promote field design and equipment requirements that provide optimal opportunities to maintain playing surfaces and control unauthorized use (i.e. discouraging use of permanent goals that invite walk-on use).
· Craft an outreach program to non-permitted organized groups to increase their understanding of field use policies and prompt their participation as authorized users.
· Develop methods to ensure fields are not used during periods when field damage is most likely to occur.
Supervisor Kaufmann further moved that the Board direct staff from the Park Authority, Schools, and CRS to develop a plan to maintain the County's investment in the recently improved fields and consider consolidating funding and maintenance under the Park Authority's school maintenance program. Supervisor Hyland seconded the motion.
Following discussion regarding the use of fields and the sale of food items, Supervisor Gross asked unanimous consent that the Board add the Health Department to the list of those groups reviewing the issue. Without objection, it was so ordered.
The question was called on the motion and it carried by a vote of nine, Supervisor DuBois being out of the room.
61. HIGH OCCUPANCY/TOLL
(HOT) LANES (
Supervisor Kauffman said that at a recent meeting of the Metro Board, he and Supervisor Hudgins learned that the County has an unusual stake in the proposed Congressional Reauthorization bills. As currently proposed, the House version (HR 3550) limits any revenue derived from HOT lane tolls to highway capacity only - not for transit. The proposed Beltway HOT Lane project was recently significantly modified to incorporate some commitments to transit.
Accordingly, Supervisor Kauffman asked unanimous consent that the Board direct staff to prepare a letter to the local congressional delegation urging it to preserve transit as an integral part of any HOT lane projects. Without objection, it was so ordered.
62. PROPOSED WOMEN'S HEALTH FACILITY IN LORTON (
Supervisor Kauffman
said that at a meeting last week called by Congressional Representatives Moran
and Davis to discuss the status of projects at
Supervisor Kauffman
said that according to the Army, Inova plans to submit a proposal for this
facility on
Supervisor Kauffman
said that how this proposal relates to the Board's ongoing efforts to strengthen
Therefore, Supervisor Kauffman asked unanimous consent that the Board direct the Chairman to send a letter to Inova Health Systems to express concern over not being informed, and to request Inova to schedule a briefing with Knox Singleton of Inova, Chairman Connolly, and himself. Without objection, it was so ordered.
Supervisor Gross asked unanimous consent that the Board direct staff to request an update from Inova. Without objection, it was so ordered.
A brief discussion ensued regarding the proposal.
63.
(A) Supervisor
Kauffman moved that the Board direct staff to schedule a public hearing to
be held before the Board on
Following input
from Catherine A. Chianese, Assistant to the
Supervisor Bulova seconded the motion and it carried by a vote of nine, Supervisor DuBois being out of the room.
64.
Supervisor Kauffman said that the Edison High School Marching Eagle Band and Guard has been awarded a trophy for its first place Group II finish in the Tournament of Bands held on September 25 at Lancaster Catholic High School in Lancaster, PA.
Supervisor Kauffman asked unanimous consent that the Board direct staff to invite the band and Erik Richards, Band Director, to appear before the Board at a future meeting for formal recognition and that a certificate be prepared to present to the Marching Eagles and Mr. Richards. Without objection, it was so ordered.
65.
Supervisor Kauffman
announced that the
66. ANNUAL TOUR DE LEE AND FAMILY TOUR (
Supervisor Kauffman
announced that the Annual Tour de Lee and Family Tour will be held on
For more information or to register, call the office of the Lee District Supervisor at 703-971-6262.
67. EMAILS FROM
CONSTITUENTS (
Chairman Connolly congratulated Supervisor Kauffman on fielding emails from a number of constituents on Washingtonpost.com.
68. REQUEST FOR REVIEW OF THE MINIMUM REQUIRED PARKING
SPACES FOR CHILD CARE CENTERS AND NURSERY SCHOOLS (
Supervisor Frey said it has been brought to his attention that the required
number of parking spaces for child care centers and nursery schools may be
inadequate to serve the need. The current
Zoning Ordinance requirement is one space per 0.19 children for a center or
school which has a maximum daily enrollment of 99 children or less and 0.16
spaces per child for a center or school which has a daily enrollment of 100
or more children. There is no requirement
to provide spaces for the teachers. Given
the staff-to-child ratios required by the State, the minimum parking requirement
is inadequate. He said that he was
informed that child care providers of at least two recently constructed centers
are being instructed to park off-site, and in one case, cross a busy road,
to leave space available for parents who are dropping off and picking up their
children.
Supervisor Frey said that this poses an unsafe situation, and is in direct
conflict with the Zoning Ordinance requirement that all parking for a specific
use be provided on site. Therefore, Supervisor Frey moved that the Board direct
staff to include a review of the minimum required parking spaces for child
care centers and nursery schools for consideration as a Priority One item
on the Zoning Ordinance Amendment Work list.
Without objection, it was so ordered.
69. EXPEDITED AND CONCURRENT PROCESSING FOR
SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 96-Y-011 (SULLY DISTRICT) (
Supervisor Frey said that in August 2003, the Board approved Special Exception Amendment Application SEA 96-Y-011 in the name of Premium Distributors to permit the expansion of an existing wholesale trade establishment within Westfields. Subsequently, the applicant has acquired additional distributors and desires to consolidate them into this facility. A small expansion, beyond what was approved in 2003, is necessary to accomplish this addition, which will necessitate a special exception amendment. The applicant would like to show the expansion on the site plan which is currently being prepared, and has asked that the review of the application be expedited.
Therefore, Supervisor
Frey moved that the Board authorize expedited and concurrent processing for
70. REQUEST FOR CERTIFICATE OF RECOGNITION FOR MR.
HARRY DOYLE (
(BACs) Supervisor Frey asked unanimous consent that the Board direct staff to invite Mr. Harry Doyle to appear before the Board to be recognized for his years of service on the Economic Development Authority. Without objection, it was so ordered.
71. REZONING APPLICATION RZ 2004-SP-013 (STANLEY MARTIN
COMPANIES, INCORPORATED) (SPRINGFIELD DISTRICT) (
(A) Supervisor
McConnell said that the applicant, Stanley Martin Companies, Incorporated
has requested an expedited Board public hearing date on Rezoning Application
RZ 2004-SP-013. Due to contractual
obligations, it is important that this matter be heard by the Board on
Therefore, Supervisor
McConnell moved that the Board direct staff to schedule a public hearing to
be held before the Board on
Following input
from Catherine A. Chianese, Assistant to the
Supervisor Bulova seconded the motion and it carried by a vote of eight, Supervisor Hyland and Supervisor DuBois being out of the room.
72.
Following a discussion initiated by Supervisor McConnell regarding the Fairfax Symphony, Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and asked unanimous consent that the Board direct staff to publish the schedule of the Fairfax Symphony on Channel 16. Without objection, it was so ordered.
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
73. RECESS/CLOSED
SESSION (
Supervisor Gross
moved that the Board recess and go into closed session for discussion and
consideration of matters enumerated in Virginia Code
Section 2.1-3711 and listed in the agenda for this meeting as follows:
(a) Discussion or consideration of personnel matters
pursuant to Virginia Code § 2.2-3711(A) (1).
(b) Discussion or consideration of the acquisition
of real property for a public purpose, or of the disposition of publicly held
real property, where discussion in an open meeting would adversely affect
the bargaining position or negotiating strategy of the public body, pursuant
to Virginia Code § 2.2-3711(A) (3).
(c) Consultation with legal counsel and briefings
by staff members or consultants pertaining to actual or probable litigation,
and consultation with legal counsel regarding specific legal matters requiring
the provision of legal advice by such counsel pursuant to Virginia Code § 2.2-3711(A)
(7).
1.
William E. Shoup,
2.
William E. Shoup,
3.
William E. Shoup,
4.
William E. Shoup,
5.
Trinity Centre Three L.L.C. v. Board
of Supervisors of
6.
Blake Construction Co., Inc./
7. Board of Supervisors of Fairfax County, Virginia, and John Wesley White, Director, Fairfax County Department of Public Works and Environmental Services v. Board of Zoning Appeals of Fairfax County, Virginia, Young K. Lee, and Young A. Lee, At Law No. 221391 (Fx. Co. Cir. Ct.) (Providence District)
8.
D. Joseph Luce and Susan Luce v. Capital
Structures, Inc., Jeffrey Gunther, Joan Gunther, and
9.
William E. Shoup,
10.
William E. Shoup,
11.
William E. Shoup,
12. William E. Shoup, Fairfax County Zoning Administrator, and Jimmie D. Jenkins, Director, Department of Public Works and Environmental Services v. Ved P. Gupta and Ajaib S. Toor, In Chancery No. 178658 (Fx. Co. Cir. Ct.) (Lee District)
13. William E. Shoup, Fairfax County Zoning Administrator, and Jimmie D. Jenkins, Acting Director, Department of Public Works and Environmental Services v. Worthington Enterprises, Inc., Mark T. Worthington, and Alejandro Torres, In Chancery No. 180290 (Fx. Co. Cir. Ct.) (Lee District)
14.
William E. Shoup,
15. William E. Shoup, Fairfax County Zoning Administrator v. Susan C. Beck, Louis Kobus, Jr., and Village Turf, Inc., In Chancery No. 173551 (Fx. Co. Cir. Ct.) (Lee District)
16.
William E. Shoup,
17.
William E. Shoup,
18.
William E. Shoup,
19.
William E. Shoup,
20. Board Of Supervisors of Fairfax County, Virginia v. Batman/McNair Associates, L.P., et al., At Law No. 198027; Board of Supervisors of Fairfax County, Virginia v. Batman Co., Inc., At Law No. 211721 (Fx. Co. Cir. Ct.) (Hunter Mill District)
21.
Washington Gas Light Company v. State
Corporation Commission, Record No. 040878, SCC Case No. PUE-2002-00364
And
in addition:
·
Board of Supervisors versus
·
Potomac Hills Project Z00018-Z131
·
Van Metre Development, Incorporated
versus Board of Supervisors for the
·
Cochran versus Board of Zoning Appeals,
267
Supervisor Bulova seconded the motion and it carried by a vote of nine,
Supervisor DuBois being out of the room.
DET:det
At
ACTIONS FROM CLOSED
SESSION
74. 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 a vote of nine, Supervisor Bulova, Supervisor Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor McConnell, Supervisor Smyth, and Chairman Connolly voting "AYE," with Supervisor DuBois being out of the room.
75. SETTLEMENT OF JULIE K. DORN VERSUS RICHARD MULLINS, ET AL, CASE NUMBER L-222928,
Supervisor Gross moved that the Board authorize the settlement
of Julie K. Dorn versus Richard Mullins, et al., Case Number L-222928,
Fairfax County Circuit Court, according to the terms and conditions outlined
by the
76. SETTLEMENT OFFER IN BOARD OF SUPERVISORS VERSUS
Supervisor
Bulova moved that the Board reject the settlement offer in Board of Supervisors versus Randolph Williams, Incorporated, et al., At
Law Number 217342 (Fairfax County Circuit Court), but authorize the County
Attorney to make a counter-offer, according to the terms and conditions outlined
by the County Attorney in closed session. Supervisor McConnell seconded the motion and
it carried by a vote of nine, Supervisor DuBois being out of the room.
77. SETTLEMENT OFFER IN VAN METRE VERSUS BOARD OF SUPERVISORS, IN CHANCERY NUMBER 187643 (
Supervisor
Hyland moved that the Board reject the settlement offer dated
78. EXPANSION OF SPECIAL PERMIT AUTHORITY OF THE BOARD
OF ZONING APPEALS (BZA) (
Chairman Connolly relinquished the Chair to Vice-Chairman Bulova to address a decision made by the Supreme Court of Virginia earlier this year in the case of Cochran versus Board of Zoning Appeals in which the Court reaffirmed the principle that the BZA’s authority to approve variances is quite limited. A member of the BZA contacted the Chairman and asked the Board to consider amendments to the Zoning Ordinance to grant the BZA the authority to approve special permits that would authorize encroachments into setback areas when those circumstances do not adversely affect property owners in the vicinity of such an encroachment, and would not only provide needed flexibility for homeowners in utilizing their properties, but would also allow the County to apply appropriate limitations and standards to prevent any such encroachment from adversely affecting adjacent property. Specifically, Chairman Connolly noted that such a proposal could, for example, limit by its terms the amount of any such encroachment so that no one would be allowed to circumvent the setbacks that have been adopted by the Board in residential districts.
Chairman Connolly moved that the Board direct the Department of Planning and Zoning to evaluate this issue and present a Board Item at the Board’s December 6, 2004, meeting to authorize the advertisement of a proposed Zoning Ordinance amendment to create special permit authority for the BZA to authorize limited encroachments into setback areas in residential districts under appropriate circumstances and standards. He further moved that staff be directed to inform the BZA of the Board’s action and to keep them apprised of progress as the Board moves forward.
Vice-Chairman Bulova and Supervisor Hyland jointly seconded the motion and it carried by a vote of nine, Supervisor DuBois being out of the room.
Vice Chairman Bulova returned the gavel to Chairman Connolly.
79. LEGAL REPRESENTATION OF THE BOARD OF ZONING
APPEALS (BZA) (
(P) Supervisor
Kauffman noted that the Board had before it a letter prepared for the
Therefore,
Supervisor Kauffman moved that the Board adopt the policies and procedures
set forth therein as its own and direct the
AGENDA ITEMS
80.
Anthony H. Griffin,
The subject of the public hearing was to determine
whether the Board should approve the possible sale and retention of the proceeds
and not whether the Board should approve any development of the Pohick site.
The
Following a question from Supervisor McConnell,
the
Following the
public hearing, which included testimony by 21 speakers, Supervisor McConnell
moved approval of the School Board's plan to declare the
81.
Supervisor Hyland moved to defer the public
hearing on Rezoning Application RZ 2003-MV-059 until
82. 3 P.M.
– PH ON SPECIAL EXCEPTION APPLICATION SE 2004-MV-018 (PETROLEUM MARKETING
GROUP, INCORPORATED) (MOUNT VERNON DISTRICT)
(
The application property is located at
Ms. Lori Greenlief reaffirmed the validity of
the affidavit for the record.
Cathy Lewis, Senior Staff Coordinator, Zoning
Evaluation Division, Department of Planning and Zoning, presented a description
of the application and site location.
Ms. Greenlief 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,
on behalf of Jane Kelsey and herself, she proceeded to present her case.
Following the public hearing, Supervisor Hyland
moved to waive the reading of the staff and Planning Commission recommendations.
Supervisor McConnell seconded the motion and it carried by a vote of
nine, Supervisor DuBois being out of the room.
Supervisor Hyland moved:
·
Approval of Special Exception Application
SE 2004‑MV‑018, subject to the proffers dated
·
Modification of the transitional screening
requirement along the southeastern/southwestern property line to the existing
and proposed vegetation depicted on the SE Plat.
·
Waiver of the barrier requirement
along the southeastern property line.
·
Modification of the Richmond Highway
Corridor Streetscape Requirements to permit the installation of four two-inch
caliber deciduous trees along the site’s frontage, as described in the proposed
Development Conditions.
·
Waiver of the service drive requirement
along
Supervisor McConnell seconded the motion and
it carried by a vote of nine, Supervisor DuBois being out of the room.
83.
The application property is located at
Ms. Inda Stagg reaffirmed the validity of the
affidavit for the record.
Ms. Stagg 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, William Mayland,
Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning
and Zoning, presented the staff and Planning Commission recommendations.
Supervisor Smyth moved:
·
Approval of
·
Reaffirmation of the waiver of Additional
Standards 5A and 5B for a fast food restaurant.
Supervisor McConnell seconded the motion and
it carried by a vote of nine, Supervisor DuBois being out of the room.
84.
AND
PH
ON SPECIAL EXCEPTION APPLICATION SE 2004-SU-012 (OX
(O) The application property is located approximately
200 feet southeast of the intersection of Lee Jackson Memorial Highway and
Elmwood Street at 4101 Elmwood Street and 13910 Westmore Street, Tax
Map 34-4 ((1)) 54A and 34‑4 ((6)) 46.
Mr. William Baskin, Jr. reaffirmed the validity
of the affidavit for the record.
Mr. Baskin 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 Gross voluntarily disclosed the following
campaign contribution which she had received:
·
In excess of $200 from Mr. William
Baskin, Jr.
Following the public hearing, Aaron Shriber,
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 2004-SU-014, from the R-1, HC, and WS Districts to the R-12,
HC, and WS Districts, subject to the proffers dated
Supervisor Bulova seconded the motion and it
carried by a vote of seven, Supervisor Bulova, Supervisor Frey, Supervisor
Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, and Chairman
Connolly voting “AYE,” Supervisor DuBois, Supervisor McConnell, and Supervisor
Smyth being out of the room.
Supervisor Frey also moved:
·
Approval of Special Exception Application
SE 2004-SU-012, subject to the development conditions dated
·
Modification of the transitional screening
requirement along the southern property boundary and a portion of the western
property boundary.
·
Waiver of the barrier requirement
along the southern property boundary and a portion of the western property
boundary.
·
Modification of the barrier requirement
along the eastern property boundary.
Supervisor Hyland seconded the motion and it
carried by a vote of seven, Supervisor DuBois, Supervisor McConnell, and Supervisor
Smyth being out of the room.
Supervisor
Frey submitted an item for the record.
85.
The application property is located at 4955
Sunset Lane, Tax Map 71-4 ((1)) 12 and 23.
Ms. Sara 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.
Following the public hearing, Aaron Shriber,
Staff Coordinator, Zoning Evaluation Division, Department of Planning and
Zoning, presented the staff and Planning Commission recommendations.
Supervisor Gross moved:
·
Approval of Special Exception Application
SE 2004-MA-013, subject to the development conditions dated
·
Modification of the transitional screening
requirements along portions of the northern and eastern property boundaries.
·
Waiver of the barrier requirement
along portions of the northern and eastern property boundaries.
·
Waiver of the peripheral parking lot
landscaping requirements.
Supervisor Hyland seconded the motion and it
carried by a vote of seven, Supervisor DuBois, Supervisor Frey, and Supervisor
McConnell being out of the room.
86.
Supervisor Hyland
moved to defer the public hearing on Out-of-Turn Plan Amendment S01-CW-9CP
until
87.
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 September 30 and October 7,
2004.
Andrea L. Dorlester,
Planner II, Planning Division, Department of Planning and Zoning presented
the staff and Planning Commission recommendations.
Following the public hearing, Supervisor Hyland
moved approval of Out-of-Turn Plan Amendment S01-CW-11CP, as recommended by
staff and shown on pages 2-4 of the staff report. Supervisor Bulova seconded
the motion and it carried by a vote of seven, Supervisor DuBois, Supervisor
Frey, and Supervisor McConnell being out of the room.
88.
Supervisor Hyland moved to defer the public
hearing on Out-of-Turn Plan Amendment S01-CW-10CP until
89. 4 P.M.
– PH ON THE ACQUISITION OF CERTAIN LAND RIGHTS NECESSARY FOR THE CONSTRUCTION
OF COUNTY ROAD PROJECT – ROUTE 50/WAPLES MILL ROAD (PROVIDENCE AND SPRINGFIELD
DISTRICTS) (5:52 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
September 30 and October 7, 2004.
L. T. Glascoe, Right-of-way
Agent, Land Acquisition 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 acquisition of certain land
rights necessary for the construction of Project 007701 – Route 50/Waples
Mill Road, in Fund 301, Developer Contributed Roadway Improvement Funds. Supervisor Bulova seconded the motion and it
carried by a vote of seven, Supervisor Bulova, Supervisor Gross, Supervisor
Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor Smyth, and Chairman
Connolly voting “AYE,” Supervisor DuBois, Supervisor Frey, and Supervisor
McConnell being out of the room.
90.
(O) The application property is located on the north
and south sides of Rainbow Road, approximately 200 feet west of Woodford Road,
Tax Map 39-1 ((1)) 46 and 49.
Mr. Keith Martin reaffirmed the validity of
the affidavit for the record.
Mr. Martin had filed the necessary notices showing
that at least 25 adjacent and/or interested parties had been notified of the
date and hour of this public hearing and he proceeded to present his case.
Following the public hearing, which included
testimony by one speaker, Cathy Belgin, Senior Staff Coordinator, 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 2004-PR-007, from the R-1 District to the R-3 District, subject
to the proffers dated
Supervisor Smyth submitted items for the record.
91.
Supervisor Hyland moved to defer the public
hearing on Out-of-Turn Plan Amendment S04‑CW-3CP until
92.
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 September 30 and October 7,
2004.
A question-and-answer period ensued between
Chairman Connolly and Fred Selden, Director, Planning Division, Department
of Planning and Zoning (DPZ), regarding the Area
Plans Review process.
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and asked unanimous consent that the Board direct the
Planning Commission to review the issue of an increasing number of Out-of-Turn
Plan Amendments. Without objection,
it was so ordered.
Lindsay Mason, staff, DPZ,
presented the staff and Planning Commission recommendations.
Following the public hearing, Supervisor Hudgins
moved approval of Out‑of‑Turn Plan Amendment S04-CW-2CP, as set
forth in the staff report. Supervisor
Hyland seconded the motion and it carried by a vote of eight, Supervisor DuBois
and Supervisor McConnell being out of the room.
Following input from Mr. Selden, Supervisor
Hudgins clarified that the dates on the tables shown in Attachment One of
the Board Agenda Item should be October 2004, not October 2003.
93.
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 September 30 and October 7, 2004.
Lindsay Mason, staff, Planning Division (PD),
Department of Planning and Zoning (DPZ), presented
the staff and Planning Commission recommendations.
Discussion ensued with input from Ms. Mason
and Fred Selden, Director, PD, DPZ, regarding the
descriptions provided in the general locator maps.
Following the public hearing, Supervisor Hyland
moved approval of Out-of-Turn Plan Amendment S04-CW-4CP, as recommended by
staff and set forth in the staff report. Supervisor
Bulova seconded the motion and it carried by a vote
of eight, Supervisor DuBois and Supervisor McConnell being out of the room.
94.
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 September 30 and October 7,
2004.
Robert Morgan, Leasing Manager, Facilities Management
Division, Department of Public Works and Environmental Services, presented
the staff report.
Following the public hearing, Supervisor Smyth
moved authorization for staff to execute a lease, substantially in accordance
with the proposed lease for a portion of County-owned property at 3300 Gallows
Road, Merrifield, Virginia [Tax Map 59-2 ((1)) 1A] for the purpose of installing
a telecommunications base station. Supervisor Gross seconded the motion and it
carried by a vote of seven, Supervisor DuBois, Supervisor Frey, and Supervisor
McConnell being out of the room.
95.
Supervisor Hyland moved to defer indefinitely
the public hearing on Rezoning/Final Development Plan Application RZ 2003-MV-060/
FDP 2003‑MV-060. Supervisor Kauffman seconded the motion and
it carried by a vote of six, Supervisor DuBois, Supervisor Frey, Supervisor
McConnell, and Chairman Connolly being out of the room.
96.
(O) The application property is located on the south
side of Nalls Road, 1000 feet west of Old Mount Vernon Road, Tax Map 101-4
((1)) 60 and 61.
Ms. Lisa Chiblow reaffirmed the validity of
the affidavit for the record.
Ms. Chiblow 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 one speaker, discussion ensued with input from Lindsay Shulenberger,
Staff Coordinator, Zoning Evaluation Division, Department of Planning and
Zoning, regarding flood plain issues.
Further discussion ensued with input from Ms.
Chiblow and Ms. Shulenberger
regarding the hours of construction.
Further discussion ensued with input from Ms.
Shulenberger; Donald Demetrius, staff, Stormwater Planning Division, Department of Public Works and
Environmental Services; and Barbara Byron, Director, ZED, DPZ, regarding flood plain issues.
Ms. Shulenberger 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-062, from the R-2 District to the PDH-2 District, and
approval of the Conceptual Development Plan, subject to the proffers dated
PW:pw
97.
AND
PH
ON PROFFERED CONDITION AMENDMENT APPLICATIONS PCA 2000-HM-044, PCA 80-C-028-07,
AND PCA 77-C-098-05 (TST
(O) The Rezoning Application RZ 2003-HM-046 property
is located in the northeast quadrant of Sunrise Valley Drive and Corporate
Park Drive, Tax Map 16-4 ((1)) 42 Pt., 43, 44 Pt., 45 Pt., and 46 Pt.
The Proffered Condition Amendment Application
PCA 2000-HM-044 property is located in the southwest quadrant of the Dulles
Airport Access and Toll Road and Monroe Street, Tax Map 16-4 ((1)) 42 Pt.,
44 Pt., 45 Pt., and 46 Pt.
The Proffered Condition Amendment Application
PCA 80-C-028-07 property is located in the northeast quadrant of the intersection
of Sunrise Valley Drive and Corporate Park Drive, Tax Map 16-4 ((1)) 42 Pt.,
43 Pt., and 46 Pt.
The Proffered Condition Amendment Application
PCA 77-C-098-05 property is located on the east side of Corporate Park Drive,
approximately 600 feet north of Sunrise Valley Drive, Tax Map 16-4 ((1)) 42
Pt., 43 Pt., 44 Pt., 45 Pt., and 46 Pt.
Ms. Elizabeth Baker reaffirmed the validity
of the affidavit for the record.
Supervisor Frey disclosed the following campaign contribution which he had received:
· In excess of $200 from Mr. Hank Gordon of William H. Gordon and Associates and 4501 Daly Limited Partnership
Discussion ensued with input from William Mayland,
Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning
and Zoning, regarding a letter from the Town of
Ms. Baker 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.
Additional discussion ensued with input from
Ms. Baker regarding pedestrian access to the Herndon-Monroe Park-and-Ride.
Following the public hearing, Mr. Mayland
presented the staff and Planning Commission recommendations.
Supervisor Hudgins moved:
·
Approval of Proffered Condition Amendment
Applications PCA 77-C-098-05 and PCA 80-C-028-07.
·
Amendment of the Zoning Ordinance,
as it applies to the property which is the subject of Rezoning Application
RZ 2003-HM-046, from the I-4 District to the PDC District, subject to the
proffers dated
Supervisor Frey seconded the motion and it carried
by a vote of six, Supervisor Bulova, Supervisor Frey, Supervisor Gross, Supervisor
Hudgins, Supervisor Kauffman, and Chairman Connolly voting "AYE,"
Supervisor DuBois, Supervisor Hyland, Supervisor McConnell, and Supervisor
Smyth being out of the room.
Supervisor Hudgins moved:
·
Waiver of the 75-foot minimum setback
requirement and the service drive requirement along the Dulles Airport Access
Road.
·
Modification of the loading space
requirement for Tax Map 16-4 ((1)) 42 to permit the four loading spaces as
shown on the Conceptual Development Plan/Final Development Plan (CDP/FDP)
and waiver of the 600 foot maximum length requirement for private streets
for the area associated.
·
Modification of the transitional screening
requirements and waiver of the barrier requirements along
Supervisor Frey seconded the motion and it carried
by a vote of six, Supervisor DuBois, Supervisor Hyland, Supervisor McConnell,
and Supervisor Smyth being out of the room.
Supervisor Hudgins moved:
·
Approval of Proffered Condition Amendment
Application PCA 2000-HM-044, subject to the
proffers dated
Supervisor Frey seconded the motion and it carried
by a vote of six, Supervisor DuBois, Supervisor Hyland, Supervisor McConnell,
and Supervisor Smyth being out of the room.
Supervisor Hudgins moved:
·
Modification of the use limitation
for the PDC District to permit the gross floor area of residential use associated
with Rezoning Application RZ 2000-HM-044 to exceed 50 percent of the principal
uses to allow 599,976 square feet of residential use.
·
Waiver of the 75-foot minimum setback
requirement and the service drive requirement along the Dulles Airport Access
Road for the area associated with Proffered Condition Amendment Application
PCA 2000-HM-044.
·
Modification of the transitional screening
requirements and waiver of the barrier requirements between the uses on site
and in accordance with the landscaping depicted on the CDP/FDP
for Proffered Condition Amendment Application PCA
2000-HM-044.
Supervisor Frey seconded the motion and it carried
by a vote of six, Supervisor DuBois, Supervisor Hyland, Supervisor McConnell,
and Supervisor Smyth being out of the room.
On
98.
(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 September 30 and October 7, 2004.
Luis Lopez,
staff, Facilities Management Division, Department of Public Works and Environmental
Services, presented the staff report.
Following the public hearing, Supervisor Gross
moved adoption of the Resolution authorizing the conveyance of County-owned
property to the Park Authority as contained in Attachment B of the Board Agenda
Item dated
99.
(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
September 30 and October 7, 2004.
Terry Czarny, staff,
Division of Solid Waste Collection and Recycling, Department of Public Works
and Environmental Services presented the staff report.
Following the public hearing, which included
testimony by one speaker, discussion ensued with input from Marilyn L. McHugh,
Assistant County Attorney, regarding Virginia Code Section 15.2-934, Displacement
of Private Waste Companies.
Chairman Connolly stated that he had items for
the record.
Supervisor Kauffman moved adoption of the proposed
Resolutions for the Dranesville and
|
Sanitary District |
Action |
Service |
Recommendation |
|
Small District
4 within Dranesville
District ( |
Enlarge 7 Units |
Refuse and
Recycling |
Approve |
|
Local District
A2 within Small
District 1 within Dranesville
District ( |
Enlarge 1 Unit |
Refuse and
Recycling |
Approve |
|
Local District
A5 within Small
District 1 within Dranesville
District (Churchill
Subdivision Area) |
Enlarge 10 Units |
Refuse and
Recycling |
Approve |
|
Local District
D within Small
District 1 within ( |
Enlarge 45 Units |
Leaf |
Approve |
Supervisor Kauffman, on behalf of Supervisor
DuBois, further moved to defer decision on Small District 4 within the Dranesville
District (Rosemont Subdivision Area) until
Supervisor Bulova seconded the motion and it
carried by a vote of eight, Supervisor Bulova, Supervisor Frey, Supervisor
Gross, Supervisor Hudgins, Supervisor Kauffman, Supervisor McConnell, Supervisor
Smyth, and Chairman Connolly voting "AYE," Supervisor DuBois and
Supervisor Hyland being out of the room.
(NOTE: Later
in the meeting, the Board further discussed small and local sanitary districts.
See Clerk's Summary Item CL#102.)
100.
(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 September 30 and October 7, 2004.
Bruce Taylor, Transportation Planner, Traffic
Operations Section, Department of Transportation, presented the staff report.
Following the public hearing, which included
testimony by two speakers, Supervisor Bulova moved adoption of the proposed
amendments to the Code of the
101. ORDERS
OF THE DAY (
Chairman Connolly announced that there would be a change in the Orders of the Day and that Public Comment would follow the next public hearing.
ADDITIONAL BOARD MATTER
102. PROPOSED
MORATORIUM ON THE CREATION AND/OR ENLARGEMENT OF SMALL AND LOCAL SANITARY
DISTRICTS FOR REFUSE/RECYCLING, AND/OR LEAF COLLECTION SERVICE (
(NOTE: Earlier
in the meeting, the Board took action regarding small and local sanitary districts.
See Clerk's Summary Item CL#99.)
Supervisor Hudgins moved that the Board impose
a moratorium on the creation and/or enlargement of small and local sanitary
districts for refuse/recycling, and/or leaf collection service until the Solid
Waste Management Program Task Force has presented its findings and recommendations.
Supervisor Frey seconded the motion.
Following discussion, with input from Jeffrey
Smithberger, Director, Division of Solid Waste Collection
and Recycling, Department of Public Works and Environmental Services, the
question was called on the motion and it FAILED by a recorded vote of five, Supervisor Frey, Supervisor
Hudgins, Supervisor McConnell voting “AYE,” Supervisor DuBois and Supervisor Hyland being out of the room.
(NOTE: Later
in the meeting, during Public Comment, solid waste issues were raised.
See Clerk's Summary Item CL#105.)
AGENDA ITEMS
103.
(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 September 30 and October 7, 2004.
David Ferris,
Acting Director, Information and Policy Services Bureau, Fairfax County Police
Department, presented the staff report.
Following the public hearing, Supervisor Bulova
moved adoption of the proposed amendments to the Code of the County of Fairfax,
Chapter 82 (Motor Vehicles and Traffic), Section 82-1-35, Compliance with
Chapter; Penalty for Violation of Chapter.
Supervisor Gross seconded the motion and it carried by a vote of six,
Supervisor Bulova, Supervisor Frey, Supervisor Gross, Supervisor McConnell,
Supervisor Smyth, and Chairman Connolly voting "AYE," Supervisor
DuBois, Supervisor Hudgins, Supervisor Hyland, and Supervisor Kauffman being
out of the room.
104. 5:30 P.M.
– PH ON PROPOSED OUT-OF-TURN PLAN AMENDMENT S02-II-V2 FOR LAND UNIT C OF THE
VIENNA TRANSIT STATION AREA, LOCATED SOUTH OF I-66 AND THE VIENNA METRO STATION
(PROVIDENCE DISTRICT) (No time)
(NOTE: Later in the meeting, this public hearing was held. See Clerk’s Summary Item CL#106.)
105.
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 September 30 and October 7,
2004.
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 three individuals:
· Ms. Kery Nunez regarding good news about Falun Gong.
· Ms. Tiny Tang regarding good news about Falun Gong.
· Ms. Joann McCoy regarding trash removal and the Solid Waste Task Force.
106. 5:30 P.M.
– PH ON PROPOSED OUT-OF-TURN PLAN AMENDMENT S02-II-V2 FOR LAND UNIT C OF THE
VIENNA TRANSIT STATION AREA, LOCATED SOUTH OF I-66 AND THE VIENNA METRO STATION
(PROVIDENCE DISTRICT) (7:27
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 September 30 and October 7,
2004.
Fred R. Selden, Director, Planning Division
(PD), Department of Planning and Zoning (DPZ), and Denise M. James, Planner
III, PD, DPZ, presented the staff report and Planning Commission recommendations.
(
Following the testimony of the Honorable
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
(
Following the testimony of Jennifer Harding
(Speaker 19), discussion ensued with input from Gary Chevalier, Director,
Office of Facilities Planning Services,
(
Following the testimony of Ms. Ann-Marie Pastorkovich (Speaker 55), additional discussion ensued with
input from Ms. James regarding the inclusion of a turn lane from
Following the public hearing, which included
testimony by 82 speakers, Supervisor Smyth moved to defer decision on Out-of-Turn
Plan Amendment S02‑II-V2 until
107. BOARD ADJOURNMENT (
Supervisor McConnell
moved that the Board adjourn. Supervisor
Frey seconded the motion, which carried by a vote of eight, Supervisor DuBois
and Supervisor Hyland being out of the room.