REPORT OF ACTIONS OF THE
MONDAY
This does not represent a verbatim transcript
of the Board
22-04
PW:pw
At a regular meeting of the Board of Supervisors of Fairfax County, Virginia,
held in the Board Auditorium of the
·
Chairman Gerald E. Connolly, presiding
·
Supervisor Sharon Bulova, Braddock
District
·
Supervisor Joan M. DuBois,
·
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
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
MATTERS
1. MOMENT
OF SILENCE (
Supervisor Hudgins asked everyone to keep in
thoughts the family of Mrs. Janet Hays who recently died. Mrs. Hays and her husband, Dick, co-founded
the Reston Bike Club in 1982 and were recently the "Best of Reston"
2004 award winners.
Supervisor Hudgins asked everyone to keep in
thoughts the family of Ms. Sharifa El Khateeb who recently died. She was a long-time resident of the County and
was an active advocate for cross-cultural and inter-cultural training in the
public schools as well as on County boards, authorities, and commissions.
Supervisor Hyland asked everyone to keep in
thoughts the family of Mr. Frank Meeks who recently died. Mr. Meeks owned the Domino's Pizza franchise
known as "Team
Supervisor DuBois asked everyone to keep in
thoughts the family of Ms. Jean Van Devanter White on the recent death of
her mother, Helen Van Devanter.
(NOTE: Later
in the meeting, the Board took action regarding the late Ms. Sharifa
El Khateeb. See Clerk's Summary Item
CL#37.)
2. CHAIRMAN
CONNOLLY NAMED PRESIDENT OF
Supervisor Hyland announced that Chairman Connolly
assumed the presidency of VACo last week. The inaugural ceremony took place during VACo’s
seventieth annual conference. Chairman Connolly served as president-elect
for the last two years.
AGENDA ITEMS
3. CERTIFICATE
OF RECOGNITION PRESENTED TO THE TOWN OF
Supervisor Hudgins moved approval of the Certificate
of Recognition presented to the Town of
4. CERTIFICATE
OF RECOGNITION PRESENTED TO THE
Supervisor DuBois moved approval of the Certificate
of Recognition presented to the McLean Little League 9–10-year-old Softball
All-Stars for their accomplishments during the 2004 season and culminating
in winning the Virginia State Little League Championship. Chairman Connolly seconded the motion and it
carried by a vote of eight, Supervisor Frey being out of the room, Supervisor
McConnell not yet having arrived.
5. RESOLUTION
TO COMMEND THE
Supervisor Hudgins moved approval of the Resolution
commending the Chantilly Pyramid Minority Student Achievement Committee for
20 years of service to the
6. PROCLAMATION DESIGNATING
Chairman Connolly
relinquished the Chair to Vice-Chairman Bulova and moved approval of the Proclamation presented
to the Fairfax-Falls Church Community Services Board to designate
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
7. RESOLUTION
TO COMMEND THE
Supervisor Kauffman moved approval of the Resolution
commending
8. CERTIFICATE
OF RECOGNITION PRESENTED TO MS. DEBORAH TYLER (
Supervisor Smyth moved approval of the Certificate
of Recognition presented to Ms. Deborah Tyler for her service to
9. CERTIFICATE
OF RECOGNITION PRESENTED TO MS. PAMELA DANNER (
(BACs) Supervisor DuBois moved approval of the Certificate of Recognition
presented to Ms. Pamela Danner for her service from 1992 until 2004 as
the
10. RESOLUTION
TO COMMEND MR. JACK WILBERN (
Supervisor DuBois moved approval of the Resolution
commending Mr. Jack Wilbern for his years of service to
11. RESOLUTION
OF RECOGNITION PRESENTED TO MR. ANDREW J. SZAKOS (
Supervisor Frey moved approval of the Resolution
of Recognition presented to Mr. Andrew J. Szakos, Chief, Transit Operations
Division, Department of Transportation, for his years of service in public
transportation to the County upon his retirement. Supervisor Hyland seconded the motion and it
carried by a vote of nine, Supervisor McConnell not yet having arrived.
ADDITIONAL BOARD MATTER
12. WELCOME
TO RICK STEVENS OF
Supervisor Kauffman recognized the presence
of Rick Stevens, Director of Business Planning and Development, WMATA, and
welcomed him to the Board Auditorium.
AGENDA ITEMS
13. RESOLUTION
OF RECOGNITION PRESENTED TO MR. JAMES GORBY (
Supervisor Kauffman moved approval of the Resolution
of Recognition presented to Mr. James Gorby for being selected by the
American Public Works Association as the Professional Manager of the Year
in Public Fleet for 2004 and for his accomplishments as Director of Vehicle
Services. This motion was multiply
seconded and it carried by a vote of nine, Supervisor McConnell not yet having
arrived.
14. PROCLAMATION DESIGNATING
Supervisor Gross moved approval of the Proclamation
to designate
Supervisor DuBois also welcomed
The question was called on the motion and it
carried by a vote of eight, Supervisor Frey being out of the room, Supervisor McConnell not yet having
arrived.
15. PROCLAMATION
DESIGNATING
Supervisor Hudgins moved approval of the Proclamation
to designate
16. 10 A.M.
– PRESENTATION OF THE ENVIRONMENTAL EXCELLENCE AWARDS (
Stella Koch, Chairman of the Environmental Quality
Advisory Council, presented the Environmental Excellence Awards to the following:
·
Individual: Ned Foster, Friends of
Little Rocky Run
·
Organization:
17.
(BACs) Stella Koch, Chairman of EQAC, presented its annual report,
and a brief discussion ensued.
18.
William Spencer, Director, Office of Equity
Programs, presented the inaugural Barbara Varon Award. The award was established to recognize
a
Chairman Connolly presented the inaugural Barbara Varon Award to Mr. Toa Do. He has served on numerous boards and commissions to empower new American communities and minorities in the County.
19.
(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
CONFIRMATIONS:
Supervisor Hyland moved the confirmation of the following appointments to the Alcohol Safety Action Program Local Policy Board:
· Colonel David M. Rohrer as the Chief of Police Representative
·
Mr. Kenneth Garnes as the
Supervisor Bulova 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.
BOARD OF BUILDING CODE APPEALS
The Board deferred the appointment of the Design Professional Representative #5 to the Board of Building Code Appeals.
BOARD OF EQUALIZATION OF REAL ESTATE ASSESSMENTS
The Board deferred the appointments of the Appraiser #1 and Appraiser #3 Representatives to the Board of Equalization of Real Estate Assessments.
CHILD CARE ADVISORY COUNCIL
The Board deferred
the appointment of the Mason District Representative to the Child Care Advisory
Council.
COMMISSION ON AGING
Supervisor Smyth
moved the appointment of Ms. Lilyan Spero to fill the unexpired term
of Ms. Bridget Jennison as the Providence District Representative to the Commission
on Aging. Supervisor Gross and Supervisor
Hyland jointly 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.
COUNTYWIDE NON-MOTORIZED TRANSPORTATION (TRAILS) COMMITTEE
Chairman Connolly moved
the appointment of Mr. Harry Glasgow to fill the unexpired term of
Ms. Catherine Bennett as the At-Large Chairman's Representative to the Countywide
Non-Motorized Transportation (Trails) Committee. Supervisor Kauffman seconded the motion, which
carried by unanimous vote.
The Board deferred the appointments of the Mason and Sully District Representatives to the Countywide Non-Motorized Transportation (Trails) Committee.
ENVIRONMENTAL
QUALITY ADVISORY COUNCIL
Chairman Connolly moved the reappointment of Ms. Sheila Roit as the At-Large #2 Representative to the Environmental Quality Advisory Council. Supervisor Gross seconded the motion, which carried by unanimous vote.
Supervisor Bulova moved the reappointment of Mr. Lyle "Chet" McLaren as the Braddock District Representative to the Environmental Quality Advisory Council. Chairman Connolly seconded the motion, which carried by unanimous vote.
Supervisor Kauffman moved the reappointment of Ms. Johna Gagnon as the Lee District Representative to the Environmental Quality Advisory Council. Supervisor Hyland seconded the motion, which carried by unanimous vote.
Chairman Connolly moved the reappointment of Mr. Thomas Choman as the At-Large Fairfax County Representative to the Fairfax Area Disability Services Board. Supervisor Hyland seconded the motion, which carried by unanimous vote.
Supervisor Hyland moved the reappointment of Mr. David Norcross as the Mount Vernon District Representative to the Fairfax Area Disability Services Board. Supervisor Kauffman seconded the motion, which carried by unanimous vote.
The
Board deferred the appointments of the At-Large Business Community #1 and
Providence District Representatives to the Fairfax Area Disability Services
Board.
HEALTH
SYSTEMS AGENCY BOARD
The Board deferred the appointment of the Provider
#4 Representative to the Health Systems Agency Board.
The Board deferred the appointment of the Citizen #2 Representative to the History Commission.
HUMAN RIGHTS COMMISSION
Chairman Connolly moved the appointment of Ms. Virginia Ruiz to fill the unexpired term of Mr. James Tsai as the At-Large #9 Representative to the Human Rights Commission. Supervisor Bulova seconded the motion, which carried by unanimous vote.
Chairman Connolly moved the reappointment of Mr. Edward Lewis, Jr. as the At-Large #6 Representative to the Human Rights Commission. Supervisor Bulova seconded the motion, which carried by unanimous vote.
HUMAN SERVICES
COUNCIL
Supervisor McConnell moved the reappointment of Mr.
Robert Gaudian as the Springfield District #2 Representative to the Human
Services Council. Supervisor Hyland
seconded the motion, which carried by unanimous vote.
INDUSTRIAL
DEVELOPMENT AUTHORITY
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
Supervisor Hudgins moved the appointment of Mr.
Jeffrey Fairfield to fill the unexpired term of Mr. James Deuel as the
Resident/Owner #3 Representative to the Route 28 Highway Transportation District
Advisory Board. Chairman Connolly seconded
the motion, which carried by unanimous vote.
TENANT
LANDLORD COMMISSION
The Board deferred the appointment of the Landlord Member #3 Representative to the Tenant Landlord Commission.
AD HOC COMMITTEES
STORMWATER ADVISORY COMMITTEE
The Board deferred the appointments of the Small/Medium Commercial/Office Property Representative and the Non-Profit Coalition Representative to the Stormwater Advisory Committee.
VIRGINIA 2007 COMMUNITY CITIZEN PLANNING
COMMITTEE
CONFIRMATION:
Supervisor Kauffman moved
the confirmation of the following appointment to the
·
Mr. Gustav Person as the
Supervisor Hyland seconded the motion, which carried by unanimous vote.
DS:ds
20. ADMINISTRATIVE
ITEMS (
Supervisor Gross moved approval of the Administrative
Items, with the exception of Admin 5. Supervisor Hyland seconded the motion and it
carried by unanimous vote, Supervisor Bulova, Supervisor DuBois, Supervisor
Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor
Kauffman, Supervisor McConnell, Supervisor Smyth, and Chairman Connolly voting
"AYE."
ADMIN
1 – ADDITION OF SEGMENTS OF
(R) Adopted the Resolution requesting changes to segments
of the following roadways:
·
Roberts Parkway (Route 6197) and
·
ADMIN
2 – ADDITION OF SEGMENTS OF
(R) Adopted the Resolution requesting that new segments
of
ADMIN
3 – ADDITION OF SEGMENTS OF FAIRFAX COUNTY PARKWAY AND ADJOINING FRONTAGE
ROADWAYS, ROLLING ROAD, HOOES ROAD, POHICK ROAD, DONEGAL LANE, AND BAKERS
COURT; DISCONTINUANCE OF SEGMENTS OF ROLLING ROAD, HOOES ROAD, POHICK ROAD,
SILVER PINE DRIVE, SHADY PALM DRIVE, ADRIENNE GLEN AVENUE, AND LINDEN TREE
COURT FOR THE SECONDARY SYSTEM OF STATE HIGHWAYS
(R) Adopted the Resolution requesting changes to segments
of the following roadways:
·
The
·
Rolling Road,
ADMIN
4 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON A PROPOSAL TO PROHIBIT
THROUGH
(A) Authorized the advertisement of a public hearing
to be held before the Board on December
6, 2004, at 4:30 p.m. to consider endorsing Holly Knoll Drive to be
included in the Residential Traffic Administration Program for a through truck
traffic restriction.
ADMIN
5 – INSTALLATION OF "$200 ADDITIONAL FINE FOR SPEEDING" SIGNS ON
FALCON RIDGE ROAD AS PART OF THE FAIRFAX COUNTY DEPARTMENT OF TRANSPORTATION'S
RESIDENTIAL TRAFFIC ADMINISTRATION PROGRAM (R-TAP) (DRANESVILLE DISTRICT)
This item was deferred until
ADMIN
6 – INSTALLATION OF MULTI-WAY STOPS AT
·
Endorsed the installation of multi-way
stops as part of the Department of Transportation's Residential Traffic Administration
Program at the following locations in the Springfield District:
Ÿ
Ÿ
Ÿ
Ÿ
·
Directed staff to request the Virginia
Department of Transportation install the necessary signs at the earliest possible
date.
ADMIN
7 – EXTENSION OF REVIEW PERIODS FOR 2232 PUBLIC FACILITY REVIEW APPLICATIONS
(DRANESVILLE AND SPRINGFIELD DISTRICTS)
Approved the extension of review periods for
the following Public Facility (2322) Review Applications:
·
2232-D04-13 to
·
FS-S04-65 to
ADMIN
8 – AUTHORIZATION FOR THE FAIRFAX COUNTY REDEVELOPMENT AND HOUSING AUTHORITY
(FCRHA) TO APPLY FOR A DEFERRED PAYMENT LOAN OR A GRANT UP TO $500,000 FROM
THE VIRGINIA COMMONWEALTH PRIORITY HOUSING FUND FOR LITTLE RIVER GLEN II (BRADDOCK
DISTRICT)
Authorized FCRHA to submit an application
to the Commonwealth Priority Housing Fund for a deferred payment loan
or a grant in an amount up to $500,000 for Little River Glen II.
ADMIN
9 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON A PROPOSAL TO VACATE AND
ABANDON SEGMENTS OF
(A) Authorized the advertisement of a public hearing
to be held before the Board on January
10, 2005, at 4 p.m. to consider the vacation and abandonment of segments
of Old Mill Road.
ADMIN
10 – APPROVAL FOR THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD)
TO APPLY FOR AN ALLOCATION OF UP TO $750,000 IN HOME STRIDE (FORMERLY HOME
STRETCH) FUNDS FROM THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY (VHDA)
Authorized HCD, on behalf of the Fairfax County
Redevelopment and Housing Authority, to apply for an allocation of up to $750,000
in Home Stride funds from VHDA.
ADMIN
11 – APPROVAL FOR THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO APPLY
FOR AN ALLOCATION OF UP TO $8 MILLION IN SPONSORING PARTNERSHIPS AND REVITALIZING
COMMUNITIES (SPARC) MORTGAGE FUNDS FROM THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY
(VHDA)
Authorized HCD, on behalf of the Fairfax County
Redevelopment and Housing Authority, to apply for an allocation of up to $8
Million in SPARC mortgage funds from VHDA.
ADMIN
12 – ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION APPLICATION
SE 01-Y-051, HUMANE SOCIETY OF
(AT) Approved 12 months of additional time to commence construction
for Special Exception Application SE 01-Y-051 to
ADMIN
13 – ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION APPLICATION
SE 2002-DR-012, BETTY M. MEADOWS (DRANESVILLE DISTRICT)
(AT) Approved six months of additional time to commence
construction for Special Exception Application SE 2002-DR-012 to
ADMIN
14 – STREETS INTO THE SECONDARY SYSTEM (DRANESVILLE, HUNTER MILL, LEE, AND
PROVIDENCE DISTRICTS)
(R) Approved the request that the streets listed below be accepted into the State Secondary System:
|
Subdivision |
District |
Street |
Dulles Greens Coppermill Phase 2 Piney Run Meadow Section II Property of Eugene T. And Camille S. Klein Symphony Meadows Section II Symphony Meadows Section III Wellessley at Parcel B Phase 1A Townes at Section 1 Lord Fairfax Manors Sierra Suites 1800 LLC |
Dranesville Hunter Mill Lee |
Innovation Avenue Route 847 Route 605 Additional ROW Only Route 665 Additional ROW Only Leesburg Pike Route 7 Additional ROW Only Route 10466 Route 10467 Route 675 Additional ROW Only Route 675 Additional ROW Only Route 8891 Symphony Route 10271 Route 8890 Route 675 Additional ROW Only Route 8890 Route 665 Additional ROW Only Route 1220 Route 7060 Route 8881 Route 8876 Elm Route 8876 Route 837 Additional ROW Only Spring Route 8877 Beau Lane Route 2026 Briarwood Route 8898 Route 29 Additional ROW Only Route 786 Additional ROW Only Old Route 677 Additional ROW Only |
ADMIN
15 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING TO CONSIDER THE ADOPTION
OF AN ORDINANCE TO EXTEND THE CABLE TELEVISION FRANCHISE HELD BY COMCAST OF
VIRGINIA, INCORPORATED, UNTIL NO LATER THAN APRIL 30, 2005 (RESTON FRANCHISE
AREA)
(A) Authorized the advertisement of a public hearing
to be held before the Board on December
6, 2004, at 5 p.m. to consider the adoption of an ordinance to extend
the Comcast cable franchise agreement until no later than April 30, 2005.
ADMIN
16 – AUTHORIZATION TO ACCEPT A COMMITMENT OF $565,000 FROM THE VIRGINIA HOUSING
DEVELOPMENT AUTHORITY (VHDA) FOR PERMANENT FINANCING FOR SIX AFFORDABLE DWELLING
UNITS AT FAIRCREST NORTH (SULLY DISTRICT)
Approved acceptance and execution by the Fairfax
County Redevelopment and Housing Authority of all documents necessary for
the permanent financing from VHDA.
ADMIN
17 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING TO CONSIDER AN ORDINANCE
THAT PROPOSES TO CHANGE THE
(A) Authorized the advertisement of a public hearing
to be held before the Board on
21. A-1 – APPROVAL
OF ACCEPTANCE OF AN UNSOLICITED PROPOSAL FOR THE CONSTRUCTION AND MANAGEMENT
OF AN ASSISTED LIVING FACILITY AND ADULT DAY HEALTH CARE CENTER ON THE LITTLE
RIVER GLEN SENIOR CAMPUS AND THE USE OF LEASE REVENUE BOND FINANCING FOR THE
ADULT DAY HEALTH CARE CENTER (BRADDOCK DISTRICT) (11:34 a.m.)
On motion of Supervisor Bulova, seconded by
Supervisor Hyland, and carried by unanimous vote, the Board concurred in the
recommendation of staff and:
·
Approved the acceptance of the unsolicited
proposal for the construction and management of an assisted living facility
and an adult day health care center at Little River Glen II.
·
Authorized the execution of a Comprehensive
Agreement with Olley Lane Assisted Living, LLC.
·
Approved the use of lease revenue
bond financing for the adult day health care center.
22. A-2 – APPROVAL
TO REALLOCATE AND AUTHORIZE DISBURSEMENT OF UP TO $575,000 IN TIER THREE AFFORDABLE
HOUSING PARTNERSHIP FUNDS FROM THE AFFORDABLE HOUSING PARTNERSHIP PROGRAM
(AHPP) FOR ADULT ASSISTED LIVING AT BIRMINGHAM GREEN (11:34 a.m.)
On motion of Supervisor Hudgins, seconded by
Supervisor DuBois, and carried by unanimous vote the Board concurred in the
recommendation of staff and approved the reallocation of up to $575,000 from
the AHPP Funds within Fund 144, Housing Trust Fund, or Home Investment
Partnerships Program funds, which have been allocated to the AHPP, for the
construction of 77 units in an assisted living facility.
23. A-3 – APPROVAL
OF REVISIONS TO THE COMMUNITY USE OF PUBLIC GYMNASIUMS POLICY (
(BACs)
(P) Supervisor Kauffman moved that the Board concur in
the recommendation of staff and approve the revisions to the Policy on Community
Use of Public Gymnasiums. Supervisor
Gross seconded the motion.
Discussion ensued with input from Patricia D.
Franckewitz, Director, Department of Community and Recreation Services (CRS),
regarding the adequate number of chaperones required at the facilities.
Supervisor Gross asked unanimous consent that
the Board direct the Athletic Council and CRS to monitor the chaperone issue
closely. Without objection, it was
so ordered.
Following further discussion regarding a uniformed
school policy, Chairman Connolly relinquished the Chair to Vice‑Chairman
Bulova and asked unanimous consent that the Board direct the
Discussion ensued with input from Anthony H.
Griffin,
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
Supervisor DuBois asked unanimous consent that
the Board direct staff to add this issue to the agenda for the upcoming meeting
with the School Board. Without objection,
it was so ordered.
Discussion ensued regarding the need for children
who live in a community, but are not involved in an organized group, to be
able to use the school facilities also.
Further discussion ensued, with input from Ms.
Franckewitz, regarding the impact of the revised Policy and the lack of a
standard policy for all schools.
Following further discussion, with input from
Steve McLaughlin, Chairman, Athletic Council, regarding the gymnasium allocation
policy, the question was called on the motion and it CARRIED by a recorded vote of nine,
Supervisor Frey voting "NAY."
24. A-4 – APPROVAL
OF A CONTRACT ADDENDUM WITH
Supervisor Frey moved that the Board concur
in the recommendation of staff and authorized the
Following discussion regarding street lights,
Chairman Connolly said that at night when one leaves the
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
The question was called on the motion and it
carried by unanimous vote.
25. I-1 – CONTRACT AWARD –
The Board next considered an item contained
in the Board Agenda dated
The staff was directed administratively to proceed
as proposed.
26. I-2 – CONTRACT
AWARD – LEESBURG PIKE –
The Board next considered an item contained
in the Board Agenda dated November 15, 2004, requesting authorization for
staff to award a contract to Omni Excavators, Incorporated, in the amount
of $757,411.01 for the construction associated with Project 064231, Leesburg
Pike – Pimmit Drive to Idylwood Road, in Fund 304, Primary and Secondary Road
Bond Construction.
Discussion ensued with input from Larry Ichter,
Chief, Planning and Design Division, Department of Public Works and Environmental
Services (DPWES), and Jimmy D. Jenkins, Director, DPWES, regarding the project
funding total.
Following further discussion, with input from
Frank M. Roberts, Engineer II, Planning and Design Division, DPWES, regarding
pedestrian access enhancements, the staff was directed administratively to
proceed as proposed.
27. I-3 – CONTRACT
AWARD – LONG TERM DISABILITY INSURANCE (
The Board next considered an item contained
in the Board Agenda dated November 15, 2004, requesting authorization for
staff to award a contract to CIGNA Group Insurance for Long Term Disability
Insurance for all County employees who are currently enrolled in the long-term
disability plan, or who enroll within 60 days of benefit eligibility, or who
apply outside their initial benefit eligibility period and are approved by
underwriting for coverage.
The staff was directed administratively to proceed
as proposed.
ADDITIONAL BOARD MATTERS
NV:nv
28.
(BACs) Chairman Connolly
said that in January the Board requested
that the History Commission compile a list of knowledgeable speakers for many
issues related to
29. RETIREMENT
OF MS. ANN ZUVEKAS (
(BACs) Chairman Connolly
said that for many years Ms. Ann Zuvekas
was a dedicated member of both the Consolidated Community Funding Advisory
Committee (CCFAC) and the Fairfax Area Disability Services Board (DSB).
Her contributions to both of these organizations have been immeasurable.
He said that Ms. Zuvekas will be retiring from service to both the
CCFAC and the DSB at the end of her term.
Therefore, Chairman Connolly relinquished the
Chair to Vice-Chairman Bulova and asked unanimous consent that the Board direct
staff to invite Ms. Zuvekas to be presented with a resolution recognizing
her outstanding work and contributions to the citizens of the County at the
There was a brief query to
30. IMPLICATIONS OF FAIRFAX COUNTY PUBLIC SCHOOLS
ADMINISTRATIVE OFFICES CONSOLIDATION
(
Chairman Connolly
said there have been news reports
regarding the
Noting that the Board needs more information
on this issue, Chairman Connolly moved that the Board direct the
includes the following:
·
Whether the numbers being reported are accurate.
·
The effect of such a consolidation against the
County debt since the Schools plan to incur $160 million worth of debt for
two office buildings.
·
Any budget implication for the financing and
funding of the debt service.
·
Since many of the administrative offices “leased”
by the Schools now are also owned by the schools, how such a consolidation
would yield savings.
Supervisor McConnell seconded the motion.
Following discussion, Supervisor Kauffman asked
to amend the motion to include an analysis of the plan for the disposition
of the current administrative buildings, and this was accepted.
Further discussion ensued, with input from Anthony
H. Griffin,
Following continued discussion, the question
was called on the motion, as amended, which carried by unanimous vote.
31. FLU VACCINATIONS
(
Chairman Connolly
distributed to the Board information relating to the County’s distribution
of flu vaccine. He asked unanimous
consent that the Board direct the
Chairman Connolly asked unanimous consent that the Board direct staff to keep the Board informed as to any changes with respect to flu vaccine. Without objection, it was so ordered.
Supervisor Kauffman
asked unanimous consent that the Board direct staff to examine what worked
well for
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
32. REMOVAL OF THE FAIRLEE NUMBER 10 RESIDENTIAL PERMIT
PARKING DISTRICT (RPPD) (PROVIDENCE DISTRICT) (
Supervisor Smyth stated that it is necessary to formally remove the Fairlee Number 10 RPPD. With the consolidation of the Fairlee neighborhood and the lack of homeowners in the area, there is no need for the RPPD in the former Fairlee neighborhood.
Accordingly, Supervisor Smyth asked unanimous consent that the Board direct staff to proceed with the removal of this RPPD. Without objection, it was so ordered.
(NOTE: Later in the meeting, the Board deferred decision on Out-of-Turn Plan Amendment S02-II-V2 for the Fairlee area. See Clerk's Summary Item CL#62.)
33. RECLASSIFICATION
OF STREAMS IN THE COUNTY (
(BACs) Supervisor Smyth asserted that the process of reclassifying streams in the County, from perennial or intermittent, is in need of a change. She stated that a number of her constituents asked her to propose a change to the Public Facilities Manual (PFM) to allow more transparency in the designation process. She distributed copies of suggested language modifications to the PFM (6-1704.4a).
Supervisor Smyth stated her belief that modifying the review process to include a Board review or a review by the Chesapeake Bay Preservation Ordinance Exception Review Committee (CBPOERC) would allow for public or staff input that might otherwise be lost in the current administrative-only review.
Accordingly, Supervisor Smyth moved that the Board direct the Director of the Department of Public Works and Environmental Services to:
· Review this request and begin the necessary process to change the PFM as it relates to the designation of streams as perennial or intermittent in the County.
· Notify the Board by December 6 of his recommendation on whether the review body should be the Board or the CBPOERC.
Supervisor Gross seconded the motion.
Following discussion,
Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and asked
to amend the motion to direct the
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
Further discussion ensued regarding the transition of intermittent to perennial streams, the need to involve the surrounding communities, and the need for staff to review all available options to address concerns.
Supervisor Gross asked unanimous consent that the Board direct staff to add this item to the agenda of the Board’s Environmental Committee scheduled for December 6. Without objection, it was so ordered.
Following further discussion, the question was called on the motion, which carried by unanimous vote.
34. VOLUNTEERFEST
(PROVIDENCE DISTRICT) (
With reference to her written Board Matter on the subject, Supervisor Smyth reported that Volunteerfest was very successful in Providence District and she provided an overview. She expressed appreciation to everyone involved with the event.
35. EXPEDITED PROCESSING AND
Supervisor Gross
stated that on
Supervisor Gross said that the school was not responsible for this inadvertent oversight. It is a non-profit organization with limited means and expended a large sum of funds on the previous application.
Accordingly, Supervisor Gross moved that the Board direct staff to:
· Waive the filing fees for the additional special exception amendment application.
· Expedite the processing of this application.
Supervisor Gross noted that the applicant understands that this motion will not prejudice the consideration of this application in any way. Supervisor Kauffman seconded the motion.
Following input from David P. Bobzien, County Attorney, who noted that this action is permissible, the question was called on the motion, which carried by a vote of seven, Supervisor Hudgins, Supervisor Smyth, and Chairman Connolly being out of the room.
36. FEE WAIVER FOR THE RECONSTRUCTION OF THE
Supervisor Gross
said that at the last Board meeting, she announced that the Newton Edwards
Amphitheatre in
Supervisor Gross
said that the Park Authority estimates that the plan review fee waivers for
the amphitheatre, including such items as site review, building permits, and
fire marshal inspection will total $10,000.
Accordingly, she moved that the Board waive the fees for the reconstruction
of the Newton Edwards Amphitheatre at
37. PROCLAMATION COMMEMORATING THE LIFE AND SERVICE
OF THE LATE MS. SHARIFA EL KHATEEB
(
(NOTE: Earlier in the meeting, the Board announced the death of Ms. Sharifa El Khateeb. See Clerk's Summary Item CL#1.)
Supervisor Gross noted that
the Board lost an outstanding advocate for civil rights and multicultural
understanding when Ms. Sharifa El Khateeb died in October of pancreatic cancer. She was a long time resident of the County and
was an active advocate for cross-cultural and inter-cultural training in the
public schools as well as on County boards, authorities, and commissions. Her outreach to both the Muslim and non-Muslim
community included workshops, television shows, panel discussions, and in-service
training. She also took a leadership role in getting Arabic
as a Second Language accepted as a regular credit language in three County
high schools.
Supervisor Gross noted that Ms. Khateeb's contributions to the County
are numerous, and her advice and counsel will be missed. Therefore, Supervisor Gross asked unanimous
consent that the Board direct staff to prepare a proclamation commemorating
her life and service for presentation to her family at an appropriate Board
meeting or other community event. Without
objection, it was so ordered.
38. RECOGNITION OF THE
Supervisor DuBois
noted that on November 13 the citizens of
Accordingly,
Supervisor DuBois moved that the Board direct staff to invite the members
of the Great Falls Freedom
39. RECOGNITION OF OUTSTANDING SCHOOL NEWSPAPERS (
Supervisor Bulova announced that the following four County high schools were selected as 2004 National Scholastic Press Association Newspaper Pacemakers Finalists, a national competition for school newspapers:
·
·
·
·
Supervisor Bulova described the criteria for the selection and asked unanimous consent that the Board recognize these school newspapers for their outstanding work by directing staff to convey a letter of congratulations to the students and staff. Without objection, it was so ordered.
40.
Supervisor Bulova
announced that Mr. Joseph Hills, a world studies teacher at
Accordingly, Supervisor Bulova asked unanimous consent that the Board direct staff to invite Mr. Hills to appear before the Board to be presented with a certificate to thank him and recognize his outstanding achievements during his marvelous career with the County Schools. Without objection, it was so ordered.
41. HAPPY ANNIVERSARY TO FAITH COMMUNITIES IN ACTION
(
Supervisor Bulova
stated that on
Supervisor Bulova noted that often a silver lining results from difficult times, and the “Religious/Human Services Coalition” eventually became an effective Countywide partnership between County agencies, places of worship, and faith-based organizations called “Faith Communities in Action.” In FY 2001 a small County office was created to provide formal support for this partnership, which helped the County and the faith community to leverage limited resources and meet the needs of the community in a collaborative fashion.
Supervisor Bulova
said that Faith Communities in Action has been out front throughout the past
ten years finding ways to address major community challenges such as Welfare
to Work, affordable housing, end of life issues, and tolerance for people
of all races and religions. Recently
Faith Communities in Action passed a resolution endorsing the creation of
a County Multicultural Commission, and it stands ready to assist the
Supervisor Bulova
noted that next year will mark the tenth anniversary of Faith Communities
in Action. Accordingly, she asked unanimous
consent that the Board direct staff to invite founding members and current
leaders of Faith Communities in Action to appear before the Board on
Following brief
input from
PMH:pmh
42. INTENT TO DEFER
PUBLIC HEARINGS (
Supervisor Kauffman announced his intent to defer the following public hearings:
· Special Exception Application SE 2004-SP-013
· Proffered Condition Amendment Application PCA-C-448-31
Supervisor Hyland announced his intent to defer the public hearing on S01‑CW‑9CP.
(NOTE: Later in the meeting these public hearings were formally deferred. See Clerk's Summary Items CL#63 and CL#79.)
43. OUT-OF-TURN PLAN AMENDMENT REGARDING THE REDEVELOPMENT
OF THE
Supervisor
Kauffman said that in 2002, the Board approved a Comprehensive Plan amendment
for the Springfield Revitalization District intended to facilitate the redevelopment
of the
Supervisor
Kauffman noted that recently he learned that there is interest in constructing
a multi-story, extended stay hotel in a key part of the
Therefore, Supervisor Kauffman moved that the Board authorize an Out-of Turn Plan Amendment for Tax Map Number 80-4 ((1))10, located north of Old Keene Mill Road, between Backlick Road and Amherst Avenue, to consider the area for hotel use which may include approximately 165 rooms with support uses, community meeting space, and limited food service, and at an intensity up to 2.0 floor area ratio. This motion shall in no way prejudice the review of this plan amendment. Supervisor Hudgins seconded the motion and it carried by a vote of nine, Supervisor Smyth being out of the room.
44. EASTWOOD PROPERTIES, INCORPORATED (
Supervisor
Kauffman stated that the County's Property Management Department is in discussions
with a prospective rezoning applicant in
Therefore, Supervisor Kauffman moved that the Board authorize the filing of a rezoning application including Tax Map Number 91-1 ((1)) 20 as generally identified in the pending rezoning application filed in the name of Eastwood Properties, Incorporated. Approval of this motion shall in no way prejudice review of the case and in no way relieves the applicant from all ordinances and standards. Supervisor Bulova seconded the motion and it carried by a vote of nine, Supervisor Smyth being out of the room.
45.
Supervisor Kauffman expressed his appreciation to Chairman Connolly for attending the Lee District Annual meeting.
46. CONDEMNATION FOR
Supervisor
Frey said that last year, the Board
approved Rezoning Application RZ 2002-SU-034 and Special Exception Application
SE 2002-SU-039 to permit a Wendy's restaurant and a Midas Muffler shop
on
Therefore, Supervisor Frey moved that the Board:
·
Authorize condemnation proceedings
for that portion of tax map parcel 54-4-((3))(16) Parcel U1 as determined
necessary by staff for the completion of the improvements to
·
Direct staff, including but not limited
to members of the
Supervisor Hyland seconded the motion and it carried by a vote of nine, Supervisor Smyth being out of the room.
47. SMALL TAX DISTRICT
5 (SULLY DISTRICT) (
Supervisor Frey said that
back in the early 1970s, the County formulated plans to construct community
centers around the County over an extended period of time, on a schedule to
be determined by availability of funding. The
Because the center is named
and promoted as the "
Therefore, Supervisor Frey asked unanimous consent that the Board refer this matter to the appropriate staff to determine the best way to resolve these issues, with the goal being to ensure that the services and opportunity to participate in decision-making are made available to all Small District 5 residents. Without objection, it was so ordered.
A brief discussion ensued about the boundary for Small District 5 and the preference poll.
48. CHEVY CHASE BANK – SPECIAL EXCEPTION APPLICATION
SE 2004-SU-021 (SULLY DISTRICT)
(
Supervisor Frey said that Chevy Chase Bank is pursuing a special
exception to construct a bank with drive-through facilities on
The applicants understand that this motion does not relieve them of any
obligation, ordinance, or standards, and will not prejudice the consideration
of the application in any way.
Therefore, Supervisor Frey moved that the Board authorize concurrent processing of Special Exception Application SE 2004-SU-021 with its associated site plan. Supervisor Hyland seconded the motion and it carried by a vote of nine, Supervisor Smyth being out of the room.
49.
(BACs) Supervisor Hudgins said that she had received a letter with a series of recommendations from the CSB as follows:
· Facilitate planning and coordination between County agencies for a careful review of all available land assets that might be shared, sold, traded, or leveraged to create affordable housing and human services sites. Promote communication between the Park Authority, the School Board, the Fairfax County Redevelopment and Housing Authority (FCRHA), and the Board of Supervisors with specific goals of cross-agency planning and partnership development with the private sector to better serve community needs. The CSB, for example, plans to move several existing group homes to barrier-free homes, which must be newly constructed to meet Americans with Disability Act standards. Designated land could remain a public asset, but serve a very specific need.
· Support the recommendation from the Single Room Occupancy (SRO) Task Force to move recommended zoning changes to a Priority One status for ordinance review.
· Join affordable housing preservation efforts and revitalization planning for concurrent planning for new affordable housing development.
· Encourage the FCRHA to actively support SRO development with more designated funding and project based subsidy for some units. Encourage the FCRHA to purchase as many Affordable Dwelling Units as possible in new developments for affordable rental opportunities for people with mental or physical disabilities who are low income.
· Review recommendations from active non-profit developers for reducing obstacles in the development process (Wesley Housing recently summarized recommendations to the FCRHA).
· Discuss possibilities of Laurel Hill projects that might meet the criteria which allow institutional uses or affordable housing. One example may be an SRO housing project with FCRHA replicating its success at Coan Ponds, but with a project based subsidy for lower income residents.
Therefore, Supervisor Hudgins moved that the Board refer these recommendations for consideration before the appropriate committees. Supervisor Bulova seconded the motion and it carried by a vote of nine, Supervisor Smyth being out of the room.
50. SCHOOL-AGE CHILD CARE (SACC) PROGRAM AT
Supervisor Hudgins said that
she is supportive of the SACC program
and noted that the
Therefore, Supervisor Hudgins asked unanimous consent that the Board include
a Consideration Item in the FY 2006 Budget for the addition of a second classroom
to the SACC program at
51. DULLES CORRIDOR RAPID TRANSIT PROJECTS (HUNTER
MILL DISTRICT) (
Supervisor Hudgins said that the Dulles Corridor Rapid Transit Project
is critical to the Dulles Corridor,
Supervisor Hudgins noted that the 1990 Commonwealth
Transportation Board resolution recognized the importance of the than future
Dulles Corridor Rapid Transit Project by insuring that surplus funds from
the tolls would be set aside for future implementation of rail.
Supervisor Hudgins referred to her written Board
Matter and noted that the document from the Virginia Department of Transportation
Fiscal Year (FY) 2005 Budget provides a Statement of Estimated Revenues and
Expenditures for the
While the FY 2005 Budget information is helpful, Supervisor Hudgins moved
that the Board request a response to the following:
1) Why
the expenditures for FY 2005 Highway Improvements are not included as part of Operation and Maintenance
Cost for the
2) What
the balance of the Reserve Maintenance is and how it has been spent in previous years.
3) In an effort to understand the Toll revenue and expenditures over
the past years, provide the Actual of Revenue and Expenditures for the
a. What the yearly breakdown was for expenditures for Operation and
Maintenance.
b. What the balance has been, if any, in the budgeted revenue from
previous years. If there was any, was
it carried forward.
c. What the yearly breakdown was for allocation of Transit Improvements.
d. What the yearly breakdown was for allocation Highway Improvements.
4) What
the cost has been to operate the
5) How
the cost to operate the
6) What
the cumulative amount set aside is for the Fairfax County Note Repayment.
Supervisor Hudgins said that the Board has repeatedly urged that increased
surplus toll road revenues be set aside to support transit in the Corridor
and prepare for the implementation of rail.
Therefore, Supervisor Hudgins moved that the Board direct staff to prepare
a letter to the Secretary of Transportation, first expressing the Board's
appreciation for the 85 percent of surplus toll revenues for transit set-aside
in FY 2005; and second request a response to the above questions in the continued
effort of the County working with the Commonwealth Transportation Board to
insure that through the efficient use of toll road revenues, substantial funds
will be available for rail in the Dulles Corridor. Supervisor Kauffman seconded the motion and
it carried by a vote of nine, Supervisor Smyth being out of the room.
52. 2004 HUNTER
MILL DISTRICT COAT CLOSET FOR ADULTS AND CHILDREN IN NEED (
Supervisor Hudgins announced that
The Coat Closet will be open Mondays,
The closet is in need of volunteers to assist clients in selecting coats,
greet donors, and sort coat donations. Those interested in being part of the
volunteer effort may contact Faye Yu at 703-481-8276 or FayeYu@restoninterfaith.org.
Supervisor Hudgins expressed her appreciation to Reston Interfaith for
its support, the corps of volunteers, and all those who will contribute to
making this year's Coat Closet a success.
Supervisor Hudgins noted that staff has already issued a release about
the Coat Closet and expressed her appreciation for their short turnaround
and dissemination that has already occurred.
53. SUPPLEMENTAL
PAY FOR MAGISTRATES (
Supervisor
Hyland said that Virginia Code § 19.2-46.1 provides the opportunity for local
jurisdictions to supplement the salaries of magistrates. Neighboring counties supplement the salaries
of magistrates.
Therefore, Supervisor Hyland asked unanimous consent that the Board direct staff to evaluate the salaries of Magistrates in comparison to neighboring jurisdictions and its effect on the proposed 2006 budget. Without objection, it was so ordered.
Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and asked unanimous consent that the Board direct staff to report with the following information:
· What the State responsibility is and what the local responsibility is.
· When the last time was that the State adjusted compensation for magistrates.
· What the powers and duties of magistrates are.
Without objection, it was so ordered.
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
Supervisor Hudgins asked unanimous consent that the Board direct staff to report with information regarding compensation for other State constitutional officers. Without objection, it was so ordered.
Supervisor Gross noted that the spreadsheet referenced in the written Board Matter was not attached.
54. PROFFERED CONDITION AMENDMENT APPLICATION PCA
80-L-070 AND SPECIAL EXCEPTION APLICATION SE 2004-MV-020 COMMONWEALTH CONSTRUCTION
MANAGEMENT (MOUNT VERNON DISTRICT) (
Supervisor Hyland referred to his written Board Matter regarding Commonwealth Construction Management and 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.
·
Staff to schedule a public hearing to be held before the Board on
Approval of this motion shall not prejudice the review of this application. Supervisor Kauffman seconded the motion and it carried by a vote of nine, Supervisor Smyth being out of the room.
55.
Supervisor Hyland referred to his written Board Matter regarding the Cold War Museum and moved that the Board waive the requirement for the payment of review fees set forth in Section IV (C) of the procedures adopted by the Board on February 24, 2003, regarding proposals made pursuant to the Public-Private Educational Facilities and Infrastructure Act of 2002 for a proposal submitted by the Cold War Museum. Supervisor Kauffman seconded the motion and it carried by unanimous vote.
A brief discussion
ensued, with input from Anthony H. Griffin,
Chairman Connolly
relinquished the Chair to Vice-Chairman Bulova and asked unanimous consent
that the Board direct staff to review the issue of providing information at
the
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
A brief discussion ensued, with input from Mr. Griffin, regarding the availability of appropriate materials.
56. MASON NECK
OVERLAY (MOUNT VERNON DISTRICT) (
Supervisor Hyland said that during the October 2004 quarterly meeting, the members of the Mason Neck Citizens Association expressed concern at the increase in and type of development which is occurring on Mason Neck. They voted in support of the Mason Neck Overlay District Task Force Report (completed a number of years ago) which recommended establishing historic overlay districts in parts of Mason Neck. At the same time, they recommended moving it forward for enactment by the Board. Its recommendations, including low impact development, are important. The Mason Neck Citizens Association urges the Board to implement the recommendations of that task force.
Therefore, Supervisor
Hyland asked unanimous consent that the Board direct staff to review the provisions
and recommendations of the Mason Neck Overlay District Task Force Report and
report with recommendations. Without
objection, it was so ordered.
57. MENTAL ILLNESS
(
Supervisor
McConnell said that she has long been
concerned about many aspects related to the treatment of mental illness. For many years, the Virginia Code has contained
provisions whereby a judge may order a person into involuntary treatment as
an outpatient and, at the same time, order that person to take anti-psychotic
medication. If the person should fail
to adhere to the terms of the outpatient treatment plan, which could include
the taking of anti-psychotic medication, the judge may follow a procedure
to revoke the outpatient status and order the person to be involuntarily committed
to a hospital.
Supervisor McConnell said that Section 37.1-67.3,
paragraph J, of the Virginia Code specifies that before a judge may order
a person into involuntary outpatient treatment, the judge must make several
specific findings, including that the ordered treatment can, in fact, be delivered
on an outpatient basis and that that treatment can be monitored by the local
Community Services Board (CSB) or designated service provider. Under this same code provision, the local CSB
has certain responsibilities. The CSB
must prepare and recommend to the court a specific course of treatment as
well as programs that will provide the treatment. The CSB must also monitor the person's compliance
with all court-ordered treatment.
Therefore, Supervisor McConnell moved that the
Board direct the
·
Report with information regarding
the extent to which, since 1996, the CSB has participated in cases where the
court has ordered outpatient involuntary treatment under Section 37.1-67.3
of the Virginia Code, including those cases where the court has ordered the
person to take anti-psychotic medication.
·
Advise the Board as to the relative
success of court-ordered outpatient involuntary treatment where the CSB has
recommended and monitored the treatment plan. If this type of outpatient treatment
has not been utilized either successfully or as often as it could be utilized,
the report should identify those things that would be necessary in order to
make it a successful program in the County.
Supervisor Bulova seconded the motion and it carried by unanimous vote.
58. EAST MARKET AT FAIR LAKES GOVERNMENT CENTER LAND BAY A – PETERSON COMPANIES (SPRINGFIELD DISTRICT) (1:13 p.m.)
Supervisor McConnell stated
that the Peterson Companies has submitted
applications for an addition to East Market at Fair Lakes, a project on Government
Center Land Bay A for residential and retail anchored by a Whole Foods store.
The applicant has filed Final Development
Plan Amendment Application FDPA 82-P-069-l4-4 for a 10,880 foot retail
building on the west side of Kohl's in Fair Lakes and Final Development Plan
Amendment Application FDPA 82 P-069-6-7, an application to allow the construction
of a portion of the Whole Foods store, whose footprint lies partially within
Fair Lakes as well as Land Bay A. The applicant has requested concurrent processing
of the site plans with the associated final development plan amendment applications.
The reason for the concurrent processing
is to expedite the construction of the Whole Foods building and so that the
proposed retail shops in the west addition can be built at the same time as
the shops on Land Bay A.
Therefore, Supervisor McConnell moved that the Board approve concurrent processing of these site plans with the associated final development plan amendment applications. This motion does not relieve the applicant from complying with all regulations, ordinances, or adopted standards, and does not prejudice the consideration of these applications in any way. Supervisor Bulova seconded the motion and it carried by unanimous vote.
59. 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.
Board of Supervisors of
2. Adel S. Kebaish, et al. v. Board of Zoning Appeals, et al., Record No. 041427 (
3. William E. Shoup,
4. Department of Family Services v. My Thi Nguyen, Record No. 0938-04-4 (Va. Ct. App.)
5. County of Fairfax, Virginia v. Rukhsana Khalid, a/k/a Rukshana Khalid, Rashid Khalid, GMAC Mortgage Corporation, and Specialized, Inc., of Virginia, In Chancery No. 185680 (Fx. Co. Cir. Ct.) (Braddock District)
6. William J.
7. William E. Shoup,
8. William E. Shoup,
9. William E. Shoup,
10. Mark Wiseman v. Zoning Administrator,
et al., At Law No. 224884 (
11. D. Joseph Luce and Susan
Luce v. Capital Structures, Inc., Jeffrey Gunther, Joan Gunther, and
12. Charleen Bochicchio v. Board
of Supervisors of
William J. Koury
and Jennifer Koury v. Board of Supervisors of
13. William E. Shoup, Fairfax County Zoning Administrator v. Power Fuel and Transport Real Estate Holding Company, LLC, In Chancery No. 187080 (Fx. Co. Cir. Ct.) (Mount Vernon District)
14. Jane W. Gwinn,
15. 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)
16. William E. Shoup,
17. 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)
18. Roubin Associates L.L.C.
v. The Board of Supervisors of
19. Zoning Enforcement Issues
Related to Places of Worship and the Application of the
20. William E. Shoup,
21. William E. Shoup,
22. William E. Shoup, Fairfax County Zoning Administrator v. Jaime A. Sanchez, Felicya M. Aulia, and Noor M. Aulia, In Chancery No. 192476 (Fx. Co. Cir. Ct.) (Mason District)
23. Board of Supervisors v.
Kenney Builders, Inc., et al., At Law No. 213596 (
And in addition:
·
Potomac Hills Project Z00018-Z131
·
Board of Supervisors Resolution Regarding the Indemnification and Representation
of Officers and Employees
·
Cochran versus Board of Zoning Appeals, 267
·
Special Permit Application SPA 90-S-057-2;
·
Julie K. Dorn versus Richard Mullins, et al.; At Law Number 222928
·
Supervisor Bulova seconded the motion and it carried by unanimous vote.
DS:ds
At
ACTIONS FROM CLOSED
SESSION
60. CERTIFICATION BY BOARD MEMBERS REGARDING
ITEMS DISCUSSED IN CLOSED SESSION
(
Supervisor Bulova moved that the Board certify that, to the best of its knowledge, only public business matters lawfully exempted from open meeting requirements and only such public business matters as were identified in the motion by which closed session was convened were heard, discussed, or considered by the Board during the closed session. Supervisor Hyland seconded the motion and it carried by unanimous vote, Supervisor Bulova, Supervisor DuBois, Supervisor Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor McConnell, Supervisor Smyth, and Chairman Connolly voting "AYE."
61. AMENDMENT TO APPENDIX A OF THE RESOLUTION ON THE
INDEMNIFICATION AND REPRESENTATION OF OFFICERS AND EMPLOYEES (
(BACs) Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and moved that the Board amend Appendix A to its Resolution on the Indemnification and Representation of Officers and Employees to include the Fairfax County Board of Zoning Appeals as one of the Boards and Commissions covered by the Resolution on Indemnification and Representation of Officers and Employees. Supervisor Gross seconded the motion and it carried by unanimous vote.
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
AGENDA ITEMS
62. 3 P.M.
– DECISION ONLY 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)
(3:58 p.m.)
Supervisor Smyth moved to defer decision on
Out-of-Turn Plan Amendment S02‑II-V2 until
63.
Supervisor Hyland moved to defer the public
hearing on Out-of-Turn Plan Amendment S01-CW-9CP until
64.
(R) (NOTE: At
its October 18, 2004, meeting the Board held a public hearing on this item
and deferred decision until November 15, 2004.)
Supervisor DuBois moved adoption of the proposed
Resolution for the Dranesville District in accordance with the Board's adopted
criteria for the Creation/Enlargement/Withdrawal of Small or Local Sanitary
Districts as follows:
|
Sanitary District |
Action |
Service |
Recommendation |
|
Small District 4 Within Dranesville District (Rosemont Subdivision Area) |
Enlarge 34 Units |
Refuse and Recycling |
Approve |
Supervisor Hyland seconded the motion and it
carried by unanimous vote, Supervisor Bulova, Supervisor DuBois, Supervisor
Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor
Kauffman, Supervisor McConnell, Supervisor Smyth, and Chairman Connolly voting
"AYE."
DET:det
65.
The application property is located at
Mr. John Manganello reaffirmed the validity
of the affidavit for the record.
Mr. Manganello had filed the necessary notices
showing that at least 25 adjacent and/or interested parties had been notified
of the date and hour of this public hearing and he proceeded to present his
case.
Following the public hearing, Lindsay Shulenberger,
Staff Coordinator, Zoning Evaluation Division, Department of Planning and
Zoning, presented the staff and Planning Commission recommendations.
Supervisor Kauffman moved:
·
Approval of
·
Waiver of the minimum required open
space, pursuant to Section 9-622 of the Zoning Ordinance.
·
Waiver of the minimum required rear
yard, pursuant to Section 9‑622 of the Zoning Ordinance.
·
Waiver of the trail requirement along
·
Approval of a parking reduction of
up to 17 percent in a Commercial Revitalization District, in accordance with
Section A7-509 of the Zoning Ordinance, subject to the proposed development
conditions.
Supervisor McConnell seconded the motion and
it carried by unanimous vote.
66.
The application property is located at
Ms. Hillary Katherine Zahm reaffirmed the validity
of the affidavit for the record.
Ms. Zahm had filed the necessary notices showing
that at least 25 adjacent and/or interested parties had been notified of the
date and hour of this public hearing and she proceeded to present her case.
Following the public hearing, Tracy Swagler,
Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning
and Zoning, presented the staff and Planning Commission recommendations.
Supervisor Hudgins moved approval of Special
Exception Amendment Application SEA 01-H-027, subject to the development
conditions dated
67.
(O) The application property is located in the southeast
quadrant of Davidson Road and Chain Bridge Road, Tax Map 30-4 ((1)) 3, 3A,
4, 5, 5A, and 6.
Mr. William B. Lawson, Jr. reaffirmed the validity
of the affidavit for the record.
Chairman Connolly disclosed the following campaign
contribution which he had received:
·
$100 from Mr. Keith Martin of Sack
Harris and Martin, P.C.
Mr. Lawson 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, Cathy Lewis,
Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning
and Zoning, presented the staff and Planning Commission recommendations.
Supervisor DuBois submitted items for the record.
Supervisor DuBois moved:
·
Amendment of the Zoning Ordinance,
as it applies to the property which is the subject of Rezoning Application
RZ 2003-DR-049, from the R-12, R-3, and CRD Districts to the PDH-12 and CRD
Districts, subject to the proffers dated
·
Waiver of the 200 square foot privacy
yard requirement for the six rear-loaded units (Lots 8 through 13).
·
Modification of the transitional screening
and barrier requirements along Chain Bridge Road and Davidson Road in favor
of the landscaping and fencing depicted on the Conceptual Development Plan/Final
Development Plan (CDP/FDP).
·
Modification of the Comprehensive
Plan trail requirement along
·
Waiver of the service drive requirement
along
·
Modification of Section 12-07021B(2)
of the Public Facilities Manual to permit a minimum planting width of five
feet for trees along Chain Bridge Road and Davidson Road.
·
Waiver of the provisions of Section
6-0303.8 of the Public Facilities Manual to permit the use of an underground
detention facility and a separate underground water control facility in a
residential area, subject to the development conditions entitled Waiver
#026839 Conditions dated
Supervisor Bulova seconded the motion and it
carried by a vote of nine, Supervisor Bulova, Supervisor DuBois, Supervisor
Frey, Supervisor Gross, Supervisor Hyland, Supervisor Kauffman, Supervisor
McConnell, Supervisor Smyth, and Chairman Connolly voting "AYE,"
Supervisor Hudgins being out of the room.
Supervisor DuBois moved to approval of the Resource
Protection Area (RPA) Exception CBE Number 026459, to permit the encroachments
into the RPA depicted on the revised plat, subject to the proposed development
conditions dated
On
68.
(O) The application property is located on the south
side of
Mr. Gregory A. Riegle 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. Carson
L. Fifer
Supervisor McConnell disclosed that she has
a business relationship with M.J. Wells and Associates which is not related
to any party to this application.
Mr. Riegle had filed the necessary notices showing
that at least 25 adjacent and/or interested parties had been notified of the
date and hour of this public hearing and he proceeded to present his case.
Following the public hearing, Kristen Crookshanks,
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-009, from the R-1 District to the PDH-2 District, subject
to the proffers dated
Supervisor Frey moved to modify the right-of-way
dedication for
On
69.
Supervisor DuBois moved to defer the public
hearing on Proffered Condition Amendment Application PCA 1998-DR-049-02 until
70. 4 P.M.
– PH ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, APPENDIX
F, LOCAL AGRICULTURAL AND FORESTAL DISTRICT APPLICATION AF 004‑SP-001
(MARK A. KOSTERS) (SPRINGFIELD DISTRICT) (4:27 p.m.)
Supervisor McConnell moved to defer the public
hearing on proposed amendments to the Code of the
71.
(O) A Certificate
of Publication was filed from the editor of the Washington Times showing that notice of
said public hearing was duly advertised in that newspaper in the issues of
October 28 and November 4, 2004.
William E. Shoup, Zoning Administrator, Department
of Planning and Zoning, presented the staff and Planning Commission recommendation.
Supervisor Hyland moved adoption of the proposed
amendment to the Code of the
72. 4 P.M.
– PH ON THE ACQUISITION OF CERTAIN LAND RIGHTS NECESSARY FOR THE CONSTRUCTION
OF FALLS HILL SANITARY SEWER EXTENSION AND IMPROVEMENT PROJECT (PROVIDENCE
DISTRICT) (4:40 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
October 28 and November 4, 2004.
Robert Knutsson, Senior Right-of-Way Agent,
Land Acquisition Division, Department of Public Works and Environmental Services,
presented the staff report.
Following the public hearing, which included
testimony by four speakers, Supervisor Smyth moved adoption of the Resolution
authorizing 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. Supervisor Hyland seconded the motion and it
carried by a vote of seven, Supervisor Bulova, Supervisor DuBois, Supervisor
Gross, Supervisor Hyland, Supervisor Kauffman, Supervisor Smyth, and Chairman
Connolly voting "AYE," Supervisor Frey, Supervisor Hudgins, and
Supervisor McConnell being out of the room.
73. 4 P.M.
– PH ON PROPOSED OUT-OF-TURN PLAN AMENDMENT S04‑CW-1CP REGARDING REVISIONS
TO THE ENVIRONMENT AND OTHER SECTIONS OF THE POLICY PLAN TO ADDRESS CHESAPEAKE
BAY COMPREHENSIVE PLANNING REQUIREMENTS
(4:53 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 October 28 and November 4, 2004.
Noel Kaplan, Senior Environmental Planner, Planning
Division, Department of Planning and Zoning, presented the staff and Planning
Commission recommendations.
Discussion ensued regarding tree cover goals
for the County and for some or all of the watersheds within the County.
Following the public hearing, which included
testimony by two speakers, Supervisor Gross moved approval of Out-of-Turn
Plan Amendment SO4‑CW‑1CP, as recommended by the Planning Commission. Supervisor Bulova seconded the motion and it
carried by a vote of eight, Supervisor Frey and Supervisor McConnell being
out of the room.
Supervisor Gross moved that:
·
This adopted plan amendment be transmitted
to the Chesapeake Bay Local Assistance Board (CBLAB).
·
CBLAB be requested to find the County’s
Comprehensive Plan to be consistent with the Chesapeake Bay Preservation Act
and Chesapeake Bay Preservation Area Designation and Management Regulations.
·
Staff be requested to prepare implementation
plans for the recommended actions, as identified, for consideration by the
Board early next year.
Supervisor Bulova seconded the motion and it
carried by a vote of eight, Supervisor Frey and Supervisor McConnell being
out of the room.
74. 4:30 P.M.
– PH ON THE PROPOSED AMENDMENT TO THE CODE OF THE COUNTY OF FAIRFAX, APPENDIX
G, EXPANDING THE CHANTILLY RESIDENTIAL PERMIT PARKING DISTRICT (RPPD), DISTRICT
29 (SULLY DISTRICT) (5:21 p.m.)
(O) A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 28 and November 4, 2004.
Hamid Majdi, Transportation Planner II, Capital Projects and Operations Division, Department of Transportation, presented the staff report.
Supervisor Frey submitted an item for the record.
Following
the public hearing, Supervisor Frey moved adoption of the proposed amendment
to the Code of the
75. 4:30 P.M.
– PH 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) (5:24 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 October 28 and November 4, 2004.
Doug Hansen, Senior Transportation Planner, Traffic Operations Section, Division of Capital Projects and Operations, Department of Transportation, presented the staff report.
Following the public hearing, which included testimony by three speakers, Supervisor Hyland moved adoption of the Resolution endorsing the following roads to be included in the R-TAP for a through truck traffic restriction:
·
·
·
·
Chairman Connolly seconded the motion and it carried by a vote of seven, Supervisor Bulova, Supervisor Frey, Supervisor Gross, Supervisor Hyland, Supervisor Kauffman, Supervisor Smyth, and Chairman Connolly voting "AYE," Supervisor DuBois, Supervisor Hudgins, and Supervisor McConnell being out of the room.
76.
A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 28 and November 4, 2004.
Paul Mounier, Transportation Planner II, Traffic Operations Section, Capital Projects and Operations Division, Department of Transportation, presented the staff report.
Chairman Connolly submitted two items for the record.
Following
the public hearing, which included testimony by two speakers, Supervisor Hyland
moved to defer decision on the adoption of the proposed amendment to the Code
of the
77.
(O) The application property is located on the east side
of Sideburn Road approximately 125 feet south of Fyfe Court, Tax Map 77-2
((1)) 7.
Mr. Paul Hoofnagle reaffirmed the validity of
the affidavit for the record.
Mr. Hoofnagle had filed the necessary notices
showing that at least 25 adjacent and/or interested parties had been notified
of the date and hour of this public hearing and he proceeded to present his
case.
Following the public hearing, Aaron Shriber,
Staff Coordinator, Zoning Evaluation Division, Department of Planning and
Zoning, presented the staff and Planning Commission recommendations.
Supervisor Bulova moved:
·
Amendment of the Zoning Ordinance,
as it applies to the property which is the subject of Rezoning Application
RZ 2004-BR-017, from the R-1 District to the R-3 District, subject to the
proffers dated
·
Modification of the minor paved trail
along Sideburn Road in favor of construction of a five-foot wide concrete
sidewalk.
Supervisor Smyth seconded the motion and it
carried by a vote of seven, Supervisor Bulova, Supervisor Frey, Supervisor
Gross, Supervisor Hyland, Supervisor McConnell, Supervisor Smyth, and Chairman
Connolly voting "AYE," Supervisor DuBois, Supervisor Hudgins, and
Supervisor Kauffman being out of the room.
78.
(O) The application property is located on the south
side of Post Forest Drive 500 feet east of its intersection with West Ox Road,
Tax Map 56-1 ((1)) 11 H pt. and 11 I, previously
known as 56-1 ((1)) 11C pt., 11E, 11F, 11G pt.
Mr. Robert A. Lawrence reaffirmed the validity
of the affidavit for the record.
Supervisor McConnell disclosed a business relationship
with M.J. Wells and Associates which is not related to any party to this application.
Mr. Lawrence 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, Kristen Crookshanks,
Staff Coordinator, Zoning Evaluation Division, Department of Planning and
Zoning, presented the staff and Planning Commission recommendations.
Supervisor McConnell moved:
·
Amendment of the Zoning Ordinance,
as it applies to the property which is the subject of Rezoning Application
RZ 2004-SP-013, from the R-1 and WS Districts to the R-8 and WS Districts,
subject to the proffers dated
·
Waiver of the 600-foot maximum length
requirement for private streets.
·
Modification of the rear yard requirements
to allow a minimum of eight-foot rear yards for the rear-load units.
·
Modification of the privacy yard requirements
for the rear-load units.
Supervisor Bulova seconded the motion and it
carried by a vote of eight, Supervisor Bulova, Supervisor Frey, Supervisor
Gross, Supervisor Hyland, Supervisor Kauffman, Supervisor McConnell, Supervisor
Smyth, and Chairman Connolly voting "AYE," Supervisor DuBois and
Supervisor Hudgins being out of the room.
79. 5 P.M.
– PH ON SPECIAL EXCEPTION APPLICATION SE 2004-LE-015 (PCC-VAN DORN LLC) (
Supervisor Kauffman moved to defer the public
hearing on Special Exception Application SE 2004-LE-015 and Proffered Condition
Amendment Application PCA C-448-31 until
80.
The application property is located at
Ms. Susan Yantis reaffirmed the validity of
the affidavit for the record.
Supervisor Gross disclosed that she represents
the County on the INOVA Health Care Services Board.
Supervisor McConnell disclosed that she:
·
Represents the Board on the Board
of Trustees for INOVA.
·
Received a campaign contribution in
excess of $500 from Mr. Richard Magenheimer.
Supervisor Hyland disclosed:
·
That he is a member of the INOVA Hospital
Health Care Services Board.
Chairman Connolly disclosed the following campaign
contribution which he received:
·
In excess of $200 from Mr. Stephen
Cumbie of the INOVA Health Systems Foundation Board
Ms. Yantis 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, Lindsay Shulenberger,
Staff Coordinator, Zoning Evaluation Division, Department of Planning and
Zoning, presented the staff and Planning Commission recommendations.
Supervisor Smyth moved:
·
Approval of
·
Modification of the transitional screening
requirements and waiver of the barrier requirements in favor of that shown
on the SEA Plat, subject to the proposed development conditions dated
·
Reaffirmation of the waiver of the
trail requirement along
Supervisor Gross seconded the motion and it
carried by a vote of eight, Supervisor DuBois and Supervisor Hudgins being
out of the room.
81.
A Certificate of Publication was filed from the editor of the Washington Times showing that notice of said public hearing was duly advertised in that newspaper in the issues of October 28 and November 4, 2004.
Following the public hearing, which included testimony by six speakers, Chairman Connolly announced that the record would remain open for written testimony and the Board would take action on the legislative program at the December 6, 2004, meeting.
82. BOARD ADJOURNMENT (
At