REPORT OF ACTIONS OF THE
MONDAY
This does not represent a verbatim transcript
of the Board Meeting and is subject to minor change. For the most up-to-date version, check the website
http://www.fairfaxcounty.gov/bosclerk/main.htm.
This document will be made available in an alternative format upon
request. Please call 703-324-3151
(VOICE), 703‑324-3903 (TTY).
01-05
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, Dranesville
District
·
Supervisor Michael Frey, Sully District
·
Supervisor Penelope A. Gross,
·
Supervisor Catherine M. Hudgins,
Hunter Mill District
·
Supervisor Gerald W.
·
Supervisor Linda Q. Smyth, Providence
District
Supervisor Dana Kauffman,
Supervisor Elaine McConnell, Springfield District, was absent from the
entire meeting.
Others present during the meeting were Anthony H. Griffin, County Executive;
David P. Bobzien, County Attorney; Catherine A. Chianese, Assistant to the
County Executive; Angela C. Schauweker, 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 (
Chairman Connolly noted that the Virginia and
County flags were ordered flown at half-staff today in memory of Staff Sergeant
Nathaniel Nyren, a native of the County, who died
while serving in Operation Iraqi Freedom.
Chairman Connolly asked everyone to keep Sergeant Nyren’s
family in thoughts.
Chairman Connolly also noted that future County
residents who die in the line of duty will also be so honored and their
families informed appropriately.
Supervisor Hudgins asked unanimous consent that
the Board direct staff to also notify the family when flags are ordered
flown at half staff. Without objection,
it was so ordered.
Supervisor Hudgins asked everyone to keep in
thoughts the family of Mr. Paul Preusser, a longtime
Supervisor Hyland asked unanimous consent that
the Board direct staff to notify appropriate County personnel at the various
governmental centers of whose memory is being honored when flags are flown
at half-staff for the public’s information. Without objection, the request was so ordered.
Chairman Connolly asked everyone to keep in
thoughts the family of Dottie Callaghan, wife of Delegate Vincent Callaghan,
Jr., who recently died. She will
be interred at
Chairman Connolly asked everyone to keep in
thoughts the people of the countries suffering due to the recent tsunami
tragedy.
(NOTE: Later
in the meeting, the Board announced the death of another prominent citizen,
and also directed action regarding the tsunami in
2. LATE
ARRIVAL AND ABSENCE OF SUPERVISORS
(
Chairman Connolly announced that Supervisor
McConnell would be absent from the entire meeting and would be back in the
area later in the week and that Supervisor Kauffman would be arriving late
because he was taking his son to school.
AGENDA ITEMS
3. CERTIFICATES
OF RECOGNITION PRESENTED TO ELECTION VOLUNTEERS AND GIRL AND BOY SCOUT TROOPS (
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and moved approval of the Certificates of Recognition
presented to students in the County who served as election volunteers for
the General Election on
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
4. CERTIFICATES
OF RECOGNITION PRESENTED TO THE OFFICE OF THE SHERIFF AND OTHER PUBLIC SAFETY
OFFICIALS (
Supervisor Bulova moved approval of the Certificates
of Recognition presented to the Office of the Sheriff, the Police Department,
the Fire and Rescue Department, and the City of
A brief presentation of the drill was provided.
5. CERTIFICATE
OF RECOGNITION PRESENTED TO MS. LILLIE DEGREE (
Supervisor Hudgins moved approval of the Certificate
of Recognition presented to Ms. Lillie DeGree for her contributions
to the children of
6. RESOLUTION
OF RECOGNITION PRESENTED TO FAITH COMMUNITIES IN ACTION (
Supervisor Bulova moved approval of the Resolution
of Recognition presented to Faith Communities in Action on the occasion
of its tenth anniversary. Supervisor
Hyland seconded the motion and it carried by a vote of eight, Supervisor
Kauffman not yet having arrived, Supervisor McConnell being absent.
7. RESOLUTION
OF RECOGNITION PRESENTED TO THE
Supervisor Hudgins moved approval of the Resolution
of Recognition presented to the Reston Dr. Martin Luther King, Jr., Birthday
Celebration Planning Committee for its work in honor of his birthday.
Supervisor Hyland seconded the motion and it carried by a vote of
nine, Supervisor McConnell being absent.
Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and asked unanimous consent that the Board direct staff to publicize events around the County honoring Dr. Martin Luther King, Jr. Without objection, it was so ordered.
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
ADDITIONAL BOARD MATTER
8. REMEMBRANCE
OF HARRY AVERY (
(NOTE: Earlier
in the meeting the Board noted the passing of several prominent citizens.
See Clerk’s Summary Item CL#1.)
Supervisor Kauffman asked everyone to keep in
thoughts the family of Harry Avery, a leader in the
AGENDA ITEMS
9. PROCLAMATION
TO DESIGNATE JANUARY 2005 AS “MENTORING
MONTH” IN
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and moved approval of the proclamation designating
January 2005 as “Mentoring Month”
in
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
10. 10 A.M.
– BOARD ORGANIZATION AND APPOINTMENTS OF BOARD MEMBERS TO VARIOUS REGIONAL
AND INTERNAL BOARDS AND COMMITTEES
(
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and asked unanimous consent that the Board approve
the list of Appointments of
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
The entire list is as follows:
APPOINTMENTS
OF BOARD MEMBERS TO VARIOUS REGIONAL AGENCIES, COMMITTEES, AND SUBCOMMITTEES
FOR CALENDAR YEAR 2005
INTERJURISDICTIONAL
COMMITTEES
Gerald Hyland – Chairman
Penelope Gross
Dana Kauffman
Gerald Connolly
Penelope Gross – Chairman
Linda Smyth
Joan DuBois
Gerald Connolly
Gerald Connolly – Chairman
Gerald Hyland
Dana Kauffman
Linda Smyth
Sharon Bulova – Chairman
Elaine McConnell
Linda Smyth
Gerald Connolly
Penelope Gross – Chairman
Linda Smyth
Joan DuBois
Gerald Connolly
Dana Kauffman – Chairman
Gerald Hyland
Gerald Connolly
HERNDON
Joan DuBois – Chairman
Catherine Hudgins
Gerald Connolly
Michael Frey – Chairman
Catherine Hudgins
Joan DuBois
Gerald Connolly
PRINCE
WILLIAM
(includes UOSA, City
of
Michael Frey – Chairman
Gerald Hyland
Elaine McConnell
Gerald Connolly
INTERGOVERNMENTAL
BOARDS AND COMMITTEES
(including Federal
and State)
COMMUNITY
CRIMINAL JUSTICE BOARD
Catherine Hudgins
METROPOLITAN
COG
BOARD OF DIRECTORS
Penelope Gross – Principal
Gerald Connolly – Principal
Joan DuBois – Principal
Sharon Bulova – Alternate
Michael Frey – Alternate
Dana Kauffman – Alternate
COG
METROPOLITAN
Dana Kauffman – Principal
Linda Smyth – Principal
Sharon Bulova – Principal
Gerald Hyland – Alternate (for any member)
Joan DuBois – Principal
Gerald Hyland – Principal
Michael Frey – Alternate (for either member)
COG
Penelope Gross – Principal
Gerald Hyland – Principal
COG
HUMAN SERVICES COMMITTEE
Catherine Hudgins – Principal
COG
PUBLIC SAFETY POLICY COMMITTEE
Penelope Gross – Principal
COG
METROPOLITAN DEVELOPMENT POLICY COMMITTEE
Michael Frey – Principal
Sharon Bulova – Principal
Dana Kauffman – Principal
COG
TASK FORCE ON REGIONAL WATER SUPPLY ISSUES
Penelope Gross
COG
TRANSPORTATION PLANNING BOARD
Linda Smyth – Principal
Catherine Hudgins – Principal
Gerald Connolly – Alternate
Joan DuBois – Alternate
CLEAN
AIR PARTNERS
Sharon Bulova
Gerald Connolly
Elaine McConnell
INOVA
HEALTH SYSTEMS BOARD
Elaine McConnell
IHS
HOSPITALS BOARD
Penelope Gross
Gerald Hyland
LIAISON
WITH
Sharon Bulova
NORTHERN
VIRGINIA REGIONAL COMMISSION (NVRC)
(Formerly the
Sharon Bulova
Gerald Connolly
Penelope Gross
Catherine Hudgins
Elaine McConnell
Joan DuBois
Linda Smyth
(including WMATA and
VRE Representatives)
Sharon Bulova – Principal (VRE Operation)
Gerald Connolly
Catherine Hudgins – Alternate (WMATA)
Dana Kauffman – Principal (WMATA) and Principal
(VRE Operation)
Elaine McConnell – Principal (VRE Operation)
Penelope Gross
ROUTE
28 HIGHWAY TRANSPORTATION IMPROVEMENT DISTRICT COMMISSION
Gerald Connolly
Michael Frey
Catherine Hudgins
Joan DuBois
(Appointed by NVTC. The Board of Supervisors makes recommendations
for consideration.)
Dana Kauffman – Principal
Catherine Hudgins – Alternate
VACo BOARD OF DIRECTORS (REGIONAL DIRECTORS)
Penelope Gross
Catherine Hudgins
Linda Smyth
INTRAGOVERNMENTAL
AND OTHER COMMITTEES
AUDIT COMMITTEE
Gerald
Connolly – Chairman
Sharon
Bulova
Elaine
McConnell
BOARD PROCEDURES COMMITTEE
Penny
Gross – Chairman
Joan
DuBois – Co-Chairman
BUDGET
POLICY AND REORGANIZATION COMMITTEE
(Committee of the Whole)
Sharon
Bulova – Chairman
Joan
DuBois – Vice-Chairman
DEVELOPMENT PROCESS COMMITTEE
(Committee
of the Whole)
Michael
Frey – Chairman
Penelope
Gross – Vice-Chairman
ECONOMIC ADVISORY COMMITTEE
Elaine
McConnell – Chairman
Gerald
Connolly
Catherine
Hudgins
ENVIRONMENTAL COMMITTEE
(Committee
of the Whole)
Penny
Gross – Chairman
Sharon
Bulova – Vice-Chairman
FIRE COMMISSION
Gerald
Hyland
HOUSING AND COMMUNITY DEVELOPMENT
COMMITTEE
(Committee
of the Whole)
Catherine
Hudgins – Chairman
Dana
Kauffman – Vice-Chairman
HUMAN SERVICES COMMITTEE
(Committee
of the Whole)
Catherine
Hudgins – Chairman
Penelope
Gross – Vice-Chairman
INFORMATION TECHNOLOGY COMMITTEE
(Committee of the Whole)
Linda Smyth – Chairman
Catherine Hudgins – Vice-Chairman
LEGISLATIVE COMMITTEE
(Committee of the Whole)
Gerald Connolly – Chairman
PERSONNEL AND REORGANIZATION COMMITTEE
(Committee of the Whole)
Penelope Gross – Chairman
Joan DuBois – Vice-Chairman
REVITALIZATION COMMITTEE
Gerald Hyland – Chairman
Penelope Gross
Dana Kauffman
Gerald Connolly
TRANSPORTATION COMMITTEE
(Committee of the Whole)
Elaine McConnell – Chairman
Catherine Hudgins – Vice-Chairman
(NOTE: Later
in the meeting clarification was made regarding these appointments.
See Clerk’s Summary Item CL#15.)
11. RE-APPOINTMENT
OF BRADDOCK DISTRICT SUPERVISOR SHARON BULOVA AS VICE-CHAIRMAN OF THE BOARD
OF SUPERVISORS (
Supervisor Gross moved the re-appointment of
Supervisor Bulova as Vice‑Chairman of the Board of Supervisors. Supervisor Smyth seconded the motion and it
carried by unanimous vote.
12.
(NOTE: Later
in the meeting, these awards were presented. See Clerk’s Summary Item CL#16.)
DS:ds
13. ADMINISTRATIVE
ITEMS (
Supervisor Gross moved approval of the Administrative
Items with the exception of Admin 4 and Admin 13. Supervisor Hyland seconded the motion.
Supervisor Kauffman called the Board’s attention
to Admin 5 – Authorization to Advertise a Public Hearing to Consider
Proposed Amendments to the Code of the County of Fairfax, Chapter 109 (Solid
Waste) and discussion ensued regarding the amount of time a trash can/bin
can remain at the curve for pickup.
Supervisor Kauffman asked unanimous consent
that the Board direct the Solid Waste Management Task Force to work with
the Virginia Department of Transportation (VDOT) to look at a possible partnership
to address this issue between VDOT and the private haulers. Without objection, it was so ordered.
Following discussion, with input from Joyce
M. Doughty, Director, Division of Solid Waste Disposal and Resource Recovery,
Department of Public Works and Environmental Services, regarding the amendment,
Supervisor Hudgins asked unanimous consent that the Board direct staff to
request the Task Force to look at ways of being more stringent in enforcing
the penalties. Without objection,
it was so ordered.
Supervisor DuBois called the Board’s attention
to Admin 4 – Authorization to Advertise a Public Hearing to Consider
Proposed Amendments to the Code of the County of Fairfax, Chapter 70 (Water),
Relating to Private Water Well Supplies and asked to amend the main
motion to include this item, and this was accepted.
The question was called on the motion, as amended,
with the exception of Admin 13, and it carried by a vote of
nine, Supervisor Bulova, Supervisor DuBois, Supervisor Frey, Supervisor
Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor
Smyth, and Chairman Connolly voting “AYE,” Supervisor McConnell being absent.
(NOTE: Later
in the meeting, the Board took action on Admin 13. See Clerk’s Summary Item CL#14.)
ADMIN
1 – BOARD OF SUPERVISORS’ MEETING SCHEDULE FOR CALENDAR YEAR 2005
Adopted the
Board’s meeting schedule for January through December 2005.
ADMIN
2 – ADDITION OF TWO LANES TO AN EXISTING SEGMENT OF
(R) Adopted the Resolution requesting that two additional
lanes of
ADMIN
3 – EXTENSION OF REVIEW PERIODS FOR 2232 PUBLIC FACILITY REVIEW APPLICATIONS
(
Approved the extension of review periods for
the following Public Facility (2322) Review Applications:
·
FSA-Y98-8-2 to
·
2232A-P00-5-2 to
ADMIN
4 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS
TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 70 (WATER), RELATING TO PRIVATE
WATER WELL SUPPLIES
(A) (NOTE: Earlier
in the meeting, there was a brief discussion regarding this item.
)
Authorized the advertisement of a public hearing
to be held before the Board on Monday,
February 7, 2005, at 4 p.m. to consider proposed amendments to the
Code of the County of Fairfax, to replace the present County requirements
on the regulation of water well supplies, now set forth in Chapter 70 (Water),
with a new Chapter 70.1 (Private Water Well Ordinance) containing requirements
based on the Commonwealth of Virginia, State Board of Health Regulation
for the handling of private water well supplies.
ADMIN
5 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS
TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 109 (SOLID WASTE)
(A) (NOTE: Earlier
in the meeting, additional action was taken regarding this item.
)
Authorized the advertisement of a public hearing
to be held before the Board on Monday,
February 7, 2005, at 3:30 p.m. to consider proposed amendments to
the Code of the County of Fairfax, Chapter 109 (Solid Waste), regarding required changes in referenced Federal
and State codes and regulations; alternative financial mechanisms in lieu
of the bonding requirements; and editorial changes to clarify intent, terminology,
and applicability of various provisions.
ADMIN
6 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS
TO THE CODE OF THE COUNTY OF FAIRFAX, APPENDIX G, EXPANDING THE ANNANDALE
TERRACE RESIDENTIAL PERMIT PARKING DISTRICT (RPPD), DISTRICT 37 (BRADDOCK
DISTRICT)
(A)
Authorized the advertisement of
a public hearing to be held before the Board on
·
·
·
ADMIN
7 – ADDITION OF A SEGMENT OF BEULAH STREET, ADDITION OF TWO NEW LANES ON
A SEGMENT OF BEULAH STREET, AND ADDITION OF TWO NEW LANES ON A SEGMENT OF
TELEGRAPH ROAD TO THE SECONDARY SYSTEM OF STATE HIGHWAYS (LEE AND MOUNT
VERNON DISTRICTS)
(R) Adopted the Resolution requesting that a segment
of
ADMIN
8 – APPROVAL OF TRAFFIC-CALMING MEASURES FOR WASHINGTON DRIVE AS PART OF
THE FAIRFAX COUNTY DEPARTMENT OF TRANSPORTATION’S (DOT) RESIDENTIAL TRAFFIC
ADMINISTRATION PROGRAM (MASON DISTRICT)
·
Endorsed the traffic-calming plan
for
·
Speed hump adjacent to 3506 and
·
Multi-way stop at the intersection
of
·
Speed hump adjacent to 3416 and
·
Directed staff to request VDOT to
install the approved measures as soon as possible.
ADMIN
9 – RECOMMENDATION OF STREETS TO BE CONSIDERED FOR TRAFFIC-CALMING MEASURES
AS PART OF THE RESIDENTIAL TRAFFIC ADMINISTRATION PROGRAM (R-TAP) (
·
Endorsed the selection of the following
streets to be considered for traffic-calming measures as part of R-TAP:
·
·
·
Directed staff to request the Virginia
Department of Transportation to develop traffic-calming plans in conjunction
with each community, as soon as possible.
ADMIN
10 – RESOLUTION TO INSTALL “WATCH FOR CHILDREN”
(R)
Adopted the Resolution endorsing
the installation of “Watch for Children” signs on the following streets:
·
·
ADMIN
11 – INSTALLATION OF MULTI-WAY STOPS AT KAMPUTA DRIVE AND
·
Endorsed the installation of multi-way
stops as part of the Fairfax County Department of Transportation’s Residential
Traffic Administration Program (R-TAP) at the following locations:
·
·
Brevity Drive and
·
Directed staff to request the Virginia
Department of Transportation to install the necessary signs at the earliest
possible date.
ADMIN
12 – PROPOSAL TO ABANDON A SEGMENT OF
(O) Approved the
order of abandonment of a segment of
ADMIN
13 – ASSISTING PEDALS FOR PROGRESS IN RELOCATING ITS OPERATION
(NOTE: Later
in the meeting, action was taken on this item. See Clerk’s Summary Item CL#14.)
ADMIN
14 – ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION APPLICATION
SE 99-M-026, L AND M MUFFLERS, INCORPORATED (
(AT) Approved six months of additional time to commence
construction for Special Exception Application SE 99-M-026 to
14. ADMIN 13
– ASSISTING PEDALS FOR PROGRESS IN RELOCATING ITS OPERATION (
(NOTE: Earlier
in the meeting, the Board deferred action on this item. See Clerk’s Summary Item CL#13.)
Supervisor Gross circulated a revised motion
around the dais.
Supervisor Gross moved approval of Admin
13, with the exception that the Board authorize a license agreement
with the Washington Area Bicyclist Association for the parking of storage
trailers used for the collection of bicycles at any of the County’s Solid
Waste facilities upon the terms described in the item. Supervisor Hyland seconded the motion and it
carried by a vote of nine, Supervisor McConnell being absent.
15. APPOINTMENT
OF BOARD MEMBERS TO VARIOUS REGIONAL AND INTERNAL BOARDS AND COMMITTEES (
(NOTE: Earlier
in the meeting, the Board took action regarding this item. (See Clerk’s
Summary Item CL#10.)
Chairman Connolly clarified that no formal vote
was required for these appointments. The
appointments were made without objection.
16.
The Don Smith Employees Advisory Council (EAC)
Award provides recognition to individual employees of the County government
and school system who have contributed in an outstanding manner to the well
being of their fellow employees.
The awardees
were selected by the EAC acting as a committee of the whole.
Karen Conchar, Chair, EAC invited Chairman Connolly
and Supervisor Gross to assist her in presenting the Don Smith awards.
Anita Baker, Treasurer, EAC, announced the following
award recipients:
·
Paula Harper, Office of Public Affairs,
for her extraordinary support and inspiration that she provides for many
activities to benefit the County and employees.
·
Robert Ross,
·
Anita Vines, Department of Cable
Communications and Consumer Protection, for her dedication and involvement
with Santa’s Ride which is sponsored by the Police Department.
An Honorable Mention award was presented to
the following individual:
·
Patricia Stephan-Fawcett, Human
Rights Commission
The following nominees received Certificates
of Appreciation for their service to fellow employees:
·
David Bennett,
·
Ana Cisneros, Circuit Court and
Records
·
Frances Jefferson,
·
Linda Kerns, Juvenile and Domestic
Relations District Court
·
Stephen Knippler, Department of
Housing and Community Development
·
Gwendolyn Richardson, Department
of Administration for Human Services
·
Donna Singer, Health Department
·
Abbas Tabatabaie, Fairfax County
Police Department
17. ORDERS
OF THE DAY (
Chairman Connolly announced that as soon as
the morning session breaks the Board would go directly into closed session.
He said that Supervisor Gross, Supervisor Hyland, and he would be
going to Mount Vernon briefly this afternoon to a meeting of the Chesapeake
Bay Executive Council which involves the governors of the region, including
the governor of Pennsylvania, Maryland, and Virginia, the Mayor of DC, and
others, to welcome them officially, on the Board’s behalf.
He said the Board will reconvene on time and
Supervisor Bulova will Chair until they return.
Supervisor Gross announced that she and Supervisor
Hyland have been appointed to the Local Government Advisory Committee.
18. A-1 – APPROVAL
OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE FAIRFAX COUNTY POLICE
DEPARTMENT (FCPD) AND THE US ATTORNEY FOR THE DISTRICT OF COLUMBIA, US MARSHAL’S
SERVICE, AND THE METROPOLITAN POLICE DEPARTMENT OF WASHINGTON, DC (10:23 a.m.)
Supervisor Hyland moved that the Board concur
in the recommendation of staff and authorize the Chief of Police to sign
the MOU between the FCPD and the US Attorney for the
A brief discussion ensued with input from Anthony
H. Griffin,
19. A-2 – ISSUANCE
OF FAIRFAX COUNTY ECONOMIC DEVELOPMENT AUTHORITY (EDA), FAIRFAX COUNTY FACILITIES
REVENUE BONDS SERIES 2005 A (SCHOOL BOARD CENTRAL ADMINISTRATION BUILDING
PROJECT PHASE I) TO PURCHASE A NEW ADMINISTRATIVE BUILDING (PROVIDENCE DISTRICT)
(10:24 a.m.)
(R) On motion of Supervisor Hyland, seconded by Supervisor
Bulova, and CARRIED by
a recorded vote of eight, Supervisor Bulova, Supervisor DuBois, Supervisor
Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor
Smyth, and Chairman Connolly voting “AYE,”
Supervisor Kauffman voting “NAY,”
Supervisor McConnell being absent, the Board concurred in the recommendation
of staff and adopted the Resolution that includes the following actions:
·
Approves and authorizes the execution
and delivery of an Installment Purchase Contract with the EDA.
·
Approves and authorizes the execution
and delivery of a Lease Agreement with the School Board.
·
Approves the forms of a Master Trust
Agreement and a Supplemental Trust Agreement each between the EDA and a
trustee.
·
Approves the forms of a Preliminary
Official Statement, a Final Official Statement and Notice of Sale.
·
Authorizes a Continuing Disclosure
Agreement.
·
Authorizes the execution and delivery
of other documents and agreements that may be needed to complete the transaction.
·
Delegates to the Chairman, Vice-Chairman,
20. I-1 – PLANNING
COMMISSION ACTION ON PUBLIC FACILITIES REVIEW APPLICATION 2232-B04-14,
The Board next considered an item contained
in the Board Agenda dated
21. I-2 – CONTRACT
AWARD – FIELD HOUSE RENOVATIONS PHASE I AT SOUTH RUN DISTRICT PARK (SPRINGFIELD
DISTRICT) (
The Board next considered an item contained
in the Board Agenda dated January 10, 2005, requesting authorization
for staff to award a contract to Creative Finishes, Incorporated, in the
amount of $194,998 for the construction of Field House Renovations Phase
I at South Run District Park.
The staff was directed administratively to proceed
as proposed.
22. I-3 – CONTRACT
AWARD – FIELD HOUSE RENOVATIONS PHASE II AT
The Board next considered an item contained
in the Board Agenda dated January 10, 2005, requesting authorization
for staff to award a contract to SportGrass, Incorporated, in the amount
of $96,232.75 for the construction of Field House Renovations Phase II at
South Run District Park.
The staff was directed administratively to proceed
as proposed.
23. I-4 – DRAFT
REPORT OF THE PANEL ON THE ANALYSIS OF AND POTENTIAL FOR ALTERNATE DEDICATED
REVENUE SOURCES FOR THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (WMATA)
(10:25 a.m.)
The Board next considered an item contained
in the Board Agenda dated
Following discussion regarding the report, Chairman
Connolly relinquished the Chair to Vice-Chairman Bulova and asked unanimous
consent that the Board direct staff to forward a copy of the entire report,
with a cover letter, to all members of the Fairfax County Delegation to
the General Assembly. Without objection,
it was so ordered.
Vice-Chairman
Bulova returned the gavel to Chairman Connolly.
NV:nv
ADDITIONAL BOARD MATTERS
24. LEGISLATIVE
COMMITTEE SCHEDULE (
Chairman Connolly announced that the 2005 General
Assembly session begins Wednesday, January 12. He relinquished the Chair to Vice-Chairman Bulova
and asked unanimous consent that the Board direct the Office of Public Affairs
to publicize the following schedule of dates for meetings of the Board’s
Legislative Committee at
·
January 21
·
January 28
·
February 4
·
February 11
·
February 18
·
March 4 (final report)
Without objection, it was so ordered.
Chairman Connolly said that the General Assembly
is scheduled to adjourn February 26, and the Board is planning its reception
for the Fairfax Delegation on February 15. He urged Board Members to clear their calendars
for the reception.
Chairman Connolly also announced that the Virginia
Municipal League/Virginia Association of Counties Joint Legislative Day
is scheduled for February 3.
25. APPOINTMENT
TO THE CIVIL SERVICE COMMISSION
(
(APPT) Chairman Connolly moved the appointment of Mr. Robert
E. Frye to fill the unexpired term of Mr. Vade
Bolton as the At-Large Representative #5 to the Civil Service Commission. Supervisor Kauffman seconded the motion, which
carried by a vote of nine, Supervisor McConnell being absent.
26. LIVES CUT
SHORT (
Chairman Connolly said that of
any age group, teens are more likely to be involved in a single car crash. The national experts say that teen drivers killed
in motor vehicle accidents had a youth passenger in the automobile 45 percent
of the time. Of teen drivers fatally
injured in automobiles, more than one third were speed-related accidents.
Teenagers make up seven percent of licensed drivers, but suffer 14
percent of fatalities and 20 percent of reported accidents nationwide.
Chairman Connolly said that in 2002 in
While efforts are being made to curtail this
trend, Chairman Connolly proposed a comprehensive approach to include the
following actions:
·
Transform and enhance school driver
education programs.
·
Encourage parental agreements before
teens get their learners permits and, later, their licenses.
Create a template for parents.
·
Develop an advisory log book program
to guide teens and their parents on the driving experiences that are necessary
prior to getting a license.
·
Expand the Youthful Driver Program
at the Police Department driving track.
·
Revoke school parking privileges
for traffic violations in the community, but also address those who drive
to school but park on neighborhood streets.
·
Increase enforcement throughout
the County.
·
Crack down on street racing.
·
Design a public awareness campaign.
·
Increase Driving While Intoxicated
checkpoint programs.
·
Change curfew violations to a primary
law so the Police Department can stop the teen violators.
·
Review legislatively the issue of
increasing the age before a teen can acquire a learner’s permit and driver’s
license.
Therefore, Chairman Connolly moved that the
Board direct the
Following discussion, the question was called
on the motion, which carried by a vote of nine, Supervisor McConnell being
absent.
27. TSUNAMI RELIEF AND
Chairman Connolly said that on
In light of this horrible event, Chairman Connolly
reminded citizens that disasters such as this can happen anytime and anywhere
without warning. Therefore, in addition
to the immeasurable contributions being made to relief efforts, he encouraged
County residents to sign up for one of the County’s Citizen Corps emergency
preparedness training programs by calling Volunteer Fairfax at 703‑246-3460
or by visiting the Citizen Corps website at www.fairfaxcountycitizencorps.org.
Chairman Connolly asked unanimous consent that
the Board direct staff of the Office of Public Affairs to publicize these
opportunities on Channel 16. Without
objection, it was so ordered.
28.
Chairman Connolly expressed the
County’s pride in the deployment of six
members of the County’s Urban Search and Rescue Team to assess tsunami
and earthquake damage and report to the US Government in terms of needs. Accordingly, he asked unanimous consent that
the Board direct staff to invite the members of the team to appear before
the Board, upon their return, at an appropriate time, to be publicly thanked
for their efforts on behalf of the victims of the tsunami. Without objection, it was so ordered.
29. AFRICAN AMERICAN
HISTORY MONTH (
Chairman Connolly
said that February is traditionally
celebrated as African American History Month to recognize the history, contributions,
concerns and achievements of African Americans. Chairman Connolly moved that the Board proclaim
February 2005 as “African American
History Month” in
30. FLUORESCENT
LIGHTBULB RECYCLING (
Chairman Connolly said that the Board’s Environmental
Plan encourages County agencies to increase recycling within their offices
by thinking innovatively. Recently,
the Facilities Management Division (FMD) began a fluorescent lightbulb recycling program. By recycling these bulbs, the County will divert
approximately 20,000 bulbs per year from being disposed of and will also
prevent the introduction of potentially hazardous substances, such as mercury,
into the County environment. Additionally,
this initiative is anticipated to save the County $30,000 in hazardous waste
disposal fees each year. This is
an excellent example of employees thinking creatively to benefit both the
environment and fiscal responsibility.
Therefore, Chairman Connolly moved that the
Board commend FMD for this outstanding example of environmental leadership
and direct the Office of Public Affairs to continue to promote such initiatives,
encouraging other County agencies as well as businesses in the private sector
to engage in thinking creatively for the good of the environment. Supervisor Hyland seconded the motion.
Following discussion, Chairman Connolly asked
unanimous consent that the Board direct staff to develop ways to promote
and facilitate the disposal of these lightbulbs
in the private sector. Without objection,
it was so ordered.
The question was called on the motion and it
carried by a vote of nine, Supervisor McConnell being absent.
31. SANTA’S RIDE
IS AN OUTSTANDING SUCCESS (
(NOTE: Earlier in the meeting,
the Board honored an employee participant in Santa’s Ride. See Clerk’s Summary Item CL#16.)
Chairman Connolly said that just
before the Christmas holidays, the County Police Department Motor Squad,
in conjunction with the Office of the Sheriff, the police departments of
the Town of
Chairman Connolly shared the results of the
effort and noted the following groups that received toys for distribution:
·
·
·
Ronald McDonald House at
·
F.I.S.H. in
Therefore, Chairman Connolly moved that the
Board direct staff to invite representatives of Santa’s Ride to appear before
the Board to receive recognition for this outstanding effort. Vice-Chairman Supervisor Bulova seconded the
motion.
Supervisor Gross asked to amend the motion to
request that the participants dress in the costumes they used for the ride,
and this was accepted.
The question was called on the motion, as amended,
and it carried by a vote of nine, Supervisor McConnell being absent.
32. THIRD ANNUAL EVENTS AND FESTIVAL PLANNING WORKSHOP
(
Chairman Connolly announced that Celebrate Fairfax!
Incorporated will hold its third annual Events 101 workshop on Saturday, February 12, from
Chairman Connolly asked unanimous consent that
the Board direct the Office of Public Affairs to publicize this information.
Without objection, it was so ordered.
33. PUBLIC SERVICE ANNOUNCEMENT FOR HOMELESSNESS (
Chairman Connolly said recently there have been
a number of deaths of homeless persons in the County and throughout the
region as a result of hypothermia. In
an effort to prevent further victims, the Department of Family Services
has released a public service announcement, both in Spanish and English,
to educate citizens of symptoms and treatment of hypothermia, as well as
havens available to the homeless during the winter months.
Therefore, Chairman Connolly asked unanimous
consent that the Board:
·
Thank the Department of Family Services
for its proactive involvement in educating citizens about hypothermia and
encourage them to continue as the County battles the cold of winter.
·
Direct the Office of Public Affairs
to broadcast this information.
Without
objection, it was so ordered.
34. TERRENCE R.
DUVERNAY HOME PROGRAM AWARDS (
Chairman Connolly said that the Terrence R.
Duvernay HOME Program Awards of Excellence, presented by the
National Community Development Association, represents the culmination of
a national competition to identify and recognize exemplary uses of HOME
Investment Partnerships (HOME) Program funds which best address the needs
of low-income families and neighborhoods.
He announced that this year the County has been selected as a winner
of this prestigious award for its Gum Springs Glen Project, a 60-unit independent
senior living facility that offers seniors of moderate income the opportunity
to live in an affordable retirement community.
On behalf of Supervisor Hyland and the Board, he congratulated the
Fairfax County Redevelopment and Housing Authority and the Department of
Housing and Community Development for another job well done as they work
with the Board to address the housing needs of all citizens.
A brief discussion ensued.
35. NATIONAL INFANT
IMMUNIZATION WEEK (
Chairman Connolly asked unanimous consent that
the Board proclaim April 24‑30, 2005, as “National
Infant Immunization Week” in Fairfax County and direct staff to invite
appropriate representatives from the Health Department and others to receive
the proclamation at the April 25, 2005, Board meeting. Without objection, it was so ordered.
36. INVENTORY OF
Chairman Connolly
said that the Auditor to the Board recently undertook a review and inventory
of all County-owned properties. This
review is currently focusing on parcels of land. Chairman Connolly stated his understanding that
the
Accordingly,
Chairman Connolly moved that, upon completion of these reviews, the Board
direct the County Executive to prepare a plan for maintaining an ongoing
inventory of both County-owned and leased facilities and parcels of land
to ensure that the County is using its property as efficiently and cost
effectively as possible. He noted
that this review should include any recommendations from the
37. PROGRESS ON
THE
Chairman Connolly
said that the
Chairman Connolly expressed appreciation to Supervisor Hyland and Supervisor Kauffman for their efforts in expediting this project, and a brief discussion ensued.
38.
Chairman Connolly
stated that the Washington Business
Journal annually names 50
·
Allied Defense Group, based in Tysons
Corner
·
Apogen Technologies,
based in Tysons Corner
·
Appian, based in
Tysons Corner
·
Artel, based in
·
Bowman Consulting Group, based in
·
DLT Solutions, based
in Herndon
·
Glory Days Grill, based in Centreville
·
·
Lighthouse Companies, based in
·
ManTech International,
based in
·
McDonald Bradley, based in Herndon
·
Mooring Financial, based in Tysons
Corner
·
National Corporate Housing, based
in
·
RS
·
SiloSmashers, based
in Merrifield
·
STG, based in
·
Sunrise Senior Living, based in
Tysons Corner
·
Van Metre Companies, based in Burke
·
Wexford Group International, based
in Tysons Corner
On behalf of the Board, Chairman Connolly congratulated all of these companies on this achievement and wished them well.
39. ANNUAL LAND
CONSERVATION AWARDS (
Chairman Connolly said that on Friday, January
14, 2005, in Government Center Conference Rooms 9 and 10, the County will
hold its Annual Land Conservation Awards Ceremony at
Therefore, Chairman Connolly asked unanimous
consent that the Board direct staff to invite the awardees to appear before
the Board to be recognized for their efforts.
Without objection, it was so ordered.
40.
Chairman Connolly referred to a letter that
he received from Martha Little, Chief of Planning for the Virginia Department
of Conservation and Recreation, conveying several helpful free informational
materials regarding buffers, site design, and stream protection, and requesting
that he forward this information to the Board.
He also distributed a copy of each of the booklets, entitled Got Buffer; Working Together to Protect Streams, Rivers, and the Bay; Better Site Design; and A Guide to the Bay Act, so that Board Members
may contact Ms. Little’s office and request additional
copies for distribution at their offices.
Therefore, Chairman Connolly asked unanimous
consent that the Board direct the
41. REALITY CHECK EVENT REGARDING REGIONAL GROWTH (
Chairman Connolly said that estimates indicate
that the Metropolitan Washington region will add roughly two million more
residents and 1.6 million additional jobs by the year 2030. The questions
of where and how this growth occurs are questions that the Board has been
dealing with for some time now, most recently in its decision on the Vienna
Metro/Fairlee plan amendment. The effects of this anticipated growth will
clearly extend beyond the boundaries of the County, and regional dialogue
must be undertaken if this growth is to be coordinated successfully. Chairman Connolly noted that on
Sponsored by the Urban Land Institute-Washington
and the Smart Growth Alliance, with help from organizations such as George
Mason University, the Chesapeake Bay Foundation, and the Metropolitan Washington
Council of Governments, Chairman Connolly said that Reality Check will bring
together over 300 political, business, environmental, and civic leaders
from 20 local jurisdictions to negotiate and propose, in diverse groups
of ten participants led by a trained facilitator, various growth scenarios
using mapping technology. The results
are not binding in any way, but will serve as groundwork for continued dialogue
in the region on how the separate jurisdictions can work together to best
accommodate this anticipated growth in a smart way.
Chairman Connolly distributed to Board Members
information packets on Realty Check as well as a DVD detailing its first
event that took place in
Accordingly, Chairman Connolly asked unanimous
consent that the Board direct the Office of Public Affairs publicize the
event so that interested citizens can participate. Without objection, it
was so ordered.
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
42. JOINT BOARD MATTER RECOGNIZING LITTLE HUNTING
CREEK WATERSHED PLAN (LEE AND MOUNT VERNON DISTRICTS) (
Jointly with Supervisor Kauffman, Supervisor Hyland
recognized that the Little Hunting Creek Watershed Plan is the first plan
to be completed in the County's watershed initiative. He cited the incredible
input of staff and citizens in the
Merni Fitzgerald, Director, Office of Public Affairs, responded to a query regarding the Board’s presentation schedule.
43. UPDATE ON THE REBUILDING OF THE MASON DISTRICT
PARK AMPHITHEATER (
Supervisor Gross updated the Board on the rebuilding of the Mason District Park Amphitheater, which had been destroyed by fire. She said that the footings will be poured this week or next, and staff is doing an extraordinary job in rebuilding the structure in time for its opening concert June 5.
44. RECOGNITION OF MR. ROBERT MANKIN
(HUNTER MILL DISTRICT) (
Supervisor
Hudgins said that on
In recognition of Mr. Mankin’s efforts, Supervisor Hudgins asked unanimous consent that the Board direct staff to:
· Invite him to appear before the Board on January 24 to receive a certificate of recognition for his personal act of courage.
· Coordinate the recognition effort with the presentation to Mr. Mankin by the Department of Fire and Rescue Services.
Following a brief discussion, with input from Merni Fitzgerald, Director, Office of Public Affairs, without objection, it was so ordered.
45. RESIGNATION FROM THE
(BACs) Supervisor Hudgins announced the resignation of Ms. Anngienetta Johnson as the Hunter Mill District Representative to the Fairfax-Falls Church Community Services Board. To comply with legal requirements for public notification, Supervisor Hudgins announced her intent to appoint Mr. Glenn Kamber on January 24 to fill the unexpired term and she circulated his résumé.
DET:det
46. NATIVE PLANT TRANSPLANTATION PROFFER (
Supervisor Smyth announced that she recently met with representatives of two environmental nonprofit organizations, Earth Sangha, and Land and Waters, to discuss how the Board could assist them in their efforts to transplant native plant species from parcels of land slated for development. One of their primary problems was their inability to easily gain access to parcels of land before development proceeded, and she suggested that the Board might be able to facilitate access to sites that are being considered for rezoning by formulating a native plant transplantation proffer.
Supervisor Smyth moved that the Draft Standard Native Plant Transplantation Proffer be submitted to the Department of Planning and Zoning and the Urban Forestry Division, Department of Public Works and Environmental Services, to assist with helping nonprofit environmental organizations gain access to development sites to facilitate the rescue and transplantation of native plants before the initiation of land disturbing activities. Supervisor Bulova seconded the motion.
(NOTE: Later in the meeting, the Board took action
on this item. See Clerk’s Summary
Item CL#64.)
47.
Supervisor
Bulova informed the Board that on
Santa was
joined by volunteers from all over the region to make the day very special.
Carolers, including a group from
Because
Supervisor Bulova asked unanimous consent that the Board direct staff to invite members of the Santa Train “team” (Chief Operating Officer Dale Zehner, Wendy Lemieux, and April Maguigad, and others as appropriate), to appear before the Board to be thanked and recognized for this outstanding program. Without objection, it was so ordered.
48. COUNTYWIDE
COMMUNICATION INITIATIVE (
Supervisor
Bulova stated that the
Supervisor Bulova said that some of the components of the strategy included aligning all communications with one of the County’s vision elements, identifying all communications resources available to County agencies, creating a template to guide agencies with communication needs, creating a forum for agencies to discuss needs and communication tools available to them, developing creative technical applications to support County messages, and developing one-stop shopping for mail services, printing, and e-government applications.
Supervisor Bulova added that this important initiative would have a positive impact on the County’s image and she has been informed that the Office of Public Affairs would welcome the participation of Board staff members with agency staff members who would be working on the project for the next six months. Debra Bianchi, Deputy Director of the Office of Public Affairs, has additional information.
49. AUTOMATED EXTERNAL DEFIBRILLATORS (AEDs) (BRADDOCK DISTRICT)
(
Supervisor
Bulova reminded the Board that on September 2004, she presented a Board
Matter on “Automated External Defibrillators in Schools” after meeting with
a constituent, Sandy Canfield of Burke Centre.
Mrs. Canfield’s 15-year-old daughter died in January 2002 while preparing
to train with her
Supervisor
Bulova announced that she will be hosting a CPR/AED certification class
for members of her staff and staff from the Kings Park Library to widen
the pool of people in the County who are trained to give CPR and use the
AEDs. The class will
be held in her office on Wednesday, January 26, from
50. MARCH IS “INCLUDING PEOPLE WITH DEVELOPMENTAL
DISABILITIES” MONTH (
Supervisor
Bulova informed the Board that throughout the
Supervisor Bulova asked unanimous consent that the Board:
·
Proclaim March as “Including People with Developmental Disabilities Month”
in
·
Direct staff to invite the Arc and the Fairfax-Falls Church Community Services
Board to appear before the Board on
Without objection, it was so ordered.
PMH:pmh
51. NO BOARD MATTERS FOR SUPERVISOR DUBOIS (DRANESVILLE
DISTRICT) (
Supervisor DuBois announced that she had no Board Matters to present today.
52. COMMERCE BANCORP, INCORPORATED (SULLY DISTRICT) (
Supervisor Frey said that Commerce Bancorp,
Incorporated, filed a PCA/FDPA application for a vacant pad site in Centre
Ridge. The request has the conceptual
support of the Western Fairfax County Citizens Association and expects to
receive a recommendation of approval from staff. The
Planning Commission hearing is scheduled for January 26 and, for contractual
reasons, the applicant has requested that the Board authorize concurrent
processing for the site plan and the zoning applications.
The applicant understands that this motion does not relieve it 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 Proffered Condition Amendment Application PCA 91-Y-0l0 and Final Development
Plan Amendment Application FDPA 91-Y-010-2 with its associated site plan.
Supervisor Hyland seconded the motion and it carried by a vote of
nine, Supervisor McConnell being absent.
53. NORTHERN
Supervisor Frey said that
NOVEC has filed a 2232 public facilities application and a special exception
application on .36 acres of
property on
Therefore, Supervisor Frey moved that the Board:
· Authorize expedited processing and date certain for the Board hearing to occur at the earliest possibility.
· Direct the Director of the Department of Public Works and Environmental Services to expeditiously and concurrently process the site plan for the facility in the event that it is determined that a site plan is required.
The applicant understands
that this motion does not relieve it of
any obligation, ordinance or
standards, and will not prejudice the consideration of the application in any way. Supervisor Hyland seconded the motion and it
carried by a vote of nine, Supervisor McConnell being absent.
54. FIRE IN THE LITTLE ROCKY RUN COMMUNITY (SPRINGFIELD
DISTRICT) (
Supervisor Frey said that a Girl Scout selling cookies noticed smoke coming from a house and she alerted the Department of Fire and Rescue. He said that damage to the home was kept to a minimum due to her actions.
Therefore, Supervisor Frey asked unanimous consent that the board direct staff to invite the Girl Scout and her mother, in coordination with the Department of Fire and Rescue, to appear before the Board to be thanked and recognized for her efforts. Without objection, it was so ordered.
55. INTENT TO DEFER
PUBLIC HEARINGS (
Supervisor Kauffmann announced his intent later in the meeting, at the appropriate time, to defer the following public hearings:
·
Rezoning Application RZ 2003-LE-011
·
Proffered Condition Amendment Application
PCA 96-L-005-3
·
(NOTE: Later
in the meeting, these public hearings were formally deferred. See Clerk’s Summary Item CL#71.)
56. SPECIAL PERMIT PROCESS TO BE ESTABLISHED TO PERMIT
A WALL OR FENCE THAT IS AN INTEGRAL PART OF A PUBLIC RECREATION USE (
Supervisor Kauffman said that last year as a result of the Mixing Bowl
project construction, the Park Authority lost some property adjacent to
a new beltway entrance ramp. The
property is a portion of what is known as
The Park Authority, in cooperation with the Risk Management Division,
decided a 50-foot net would need to be installed to prevent balls from leaving
the park. Last week the Park Authority
learned from the Department of Planning and Zoning that it would need to
seek a variance to allow this net to be constructed. The variance is needed only to allow the 50-foot
height to be permitted. Given ongoing
negotiations with the Board of Zoning Appeals, and the impending Little
League season, staff said that an alternative to a variance for this net
would have to be established.
Accordingly, Supervisor Kauffman moved, that as a part of the already approved
for consideration second phase of the Zoning Ordinance revisions addressing
special permits and variances, that a special permit process be established
to permit a wall or fence (including netting) that is an integral part of
a public recreation use, such as a ballfield, to be located in a yard and/or
at a height which is not currently allowed. He
further moved that this amendment be expedited to allow the park to open
in time for this year's Little League season.
Supervisor Gross seconded the motion and it carried by a vote of
nine, Supervisor McConnell being absent.
57. NO BOARD MATTERS TO PRESENT FOR SUPERVISOR McCONNELL
(SPRINGFIELD DISTRICT) (
On behalf of Supervisor McConnell, Chairman Connolly announced that Supervisor McConnell had no Board Matters to present today.
58. INTENT TO DEFER A PUBLIC HEARING (
Supervisor Smyth announced her intent, later in the meeting, at the appropriate time, to defer the public hearing on Special Exception Amendment Application SEA 82-P-032-4.
(NOTE: Later
in the meeting, the public hearing was formally deferred. See Clerk’s Summary Item CL#80.)
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 v. Parties Unknown,
Being The Heirs At Law, If Any, of Francis Summers, et al., At Law No.
225349 (
2. William E. Shoup,
3. William E. Shoup,
4. William E. Shoup,
5. William E. Shoup,
6. William E. Shoup, Fairfax County Zoning Administrator v. George Drosos, Catherine Drosos, and Tony Drosos, In Chancery No. 193481 (Fx. Co. Cir. Ct.) (Sully District)
7. William E. Shoup,
8. William E. Shoup,
9. William E. Shoup, Fairfax County Zoning Administrator v. Young D. Kim and Hyai Y. Kim, In Chancery No. 193525 (Fx. Co. Cir. Ct.) (Braddock District)
10. William E. Shoup,
11. Joyce M. Williams v. County of
12. Gregory Stewart v. Department of Public Works and Environmental Services (Fx. Co. Civil Service Commission)
13.
Board of Supervisors v. Donald Reiser and Irma B. Reiser, At
Law No. 227479 (
And in addition:
·
Board of Supervisors of
·
Zoning Ordinance Provisions Pertaining to the Rail to Dulles Project
·
Board of Zoning Appeals Appeal Application A 2004-MV-012
·
Board of Supervisors Resolution Regarding the Indemnification and Representation
of Officers and Employees
·
Supervisor
Bulova seconded the motion and it carried by a vote of nine, Supervisor
McConnell being absent.
DET:det
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 a vote of nine, Supervisor Bulova, Supervisor DuBois, Supervisor Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor Smyth, and Chairman Connolly voting "AYE," Supervisor McConnell being absent.
61. AUTHORIZATION OF A PETITION TO BE FILED
IN THE CIRCUIT COURT OF FAIRFAX COUNTY TO REVERSE THE DECISION OF THE COUNTY
BOARD OF ZONING APPEALS (BZA) IN APPEAL APPLICATION A 2004‑MV‑012 (12:45 p.m.)
Supervisor
Hyland moved that the Board authorize and direct the
62. SETTLEMENT OFFER IN BOARD OF SUPERVISORS
VERSUS WACHOVIA BANK (
Supervisor
DuBois moved that the Board reject the settlement offer dated
63. ZONING ORDINANCE AMENDMENT REGARDING RAIL
FACILITIES (
Chairman Connolly
relinquished the Chair to Vice-Chairman Bulova and moved that the Board
direct staff to prepare a Zoning Ordinance amendment that would allow certain
rail facilities, such as the tracks, traction power stations, stormwater management facilities, access easements, and temporary
staging constructions yards, to be established as by right uses and no longer
to require special exception approval for those types of rail facilities.
Special exception approval would continue to be required for more
intensive rail facilities, such as stations, bus bays, parking areas, and
service and inspection yards. He further moved that the Board direct staff
to have this proposed amendment ready for the Board’s meeting on
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
ADDITIONAL BOARD MATTER
64. NATIVE
PLANT TRANSPLANTATION PROFFER (
(Earlier in the meeting, this issue was discussed, but no vote was taken on the pending motion. See Clerk’s Summary Item CL#46.)
Supervisor Smyth moved that the Board vote on her earlier motion to distribute to the Department of Planning and Zoning and Fairfax County Urban Forestry a Draft Standard Native Plant Transplantation Proffer to assist with helping nonprofit environmental organizations gain access to development sites to facilitate the rescue and transplantation of native plants before the initiation of land disturbing activities. Supervisor Bulova seconded the motion and it carried by a vote of nine, Supervisor McConnell being absent.
65. RECESS (
The Board
recessed the meeting until
DMB:dmb
AGENDA ITEMS
At
66.
(NOTE: At
its
Supervisor DuBois moved, in reference to Proffered
Condition Amendment Application/Final Development Plan Amendment 1998-DR-049-02,
Hampstead Village LLC, that the Board waive its Policy regarding affidavits
not received at least seven business days in advance of the scheduled public
hearing and proceed with the public hearing.
Supervisor Smyth seconded the motion and it CARRIED by a recorded vote of five, Supervisor Hudgins
abstaining, Supervisor Gross,
Supervisor Hyland, and Chairman Connolly being out of the room, Supervisor McConnell
being absent.
The application property is located south of
Dolley Madison Boulevard, west of Mayflower Drive, north of Chain Bridge
Road, east of Great Falls Street, Tax Map 30-1 ((30)) 20–24.
Ms. Erika L. Byrd reaffirmed the validity of
the affidavit for the record.
Ms. Byrd had filed the necessary notices showing
that at least 25 adjacent and/or interested parties had been notified of
the date and hour of this public hearing and she proceeded to present her
case.
Supervisor Smyth disclosed the following campaign contribution which she had received:
· In excess of $200 from Ms. Kathryn A. MacLane
Supervisor Frey disclosed the following campaign contributions which he had received:
· In excess of $200 from Mr. Carson Lee Fifer, Jr.
· In excess of $200 from West Group Properties LLC
Supervisor Bulova disclosed the following campaign contribution which she had received:
· In excess of $200 from Ms. Kathryn A. MacLane
Following the public hearing, Peter Braham,
Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning
and Zoning, presented the staff and Planning Commission recommendations.
Supervisor DuBois moved approval of Proffered
Condition Amendment Application PCA 1998-DR-049-02, subject to the proffers
dated
On
67.
(NOTE: This public hearing was deferred
until later in the meeting. See Clerk's Summary Item CL#82.)
68.
(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 December 23 and December 30, 2004.
The application property is located approximately
1200 feet west of Clifton Road at the west terminus of Fox Shadow Lane and
north of Cedar Ridge Drive, Tax Map 75-1 ((8)) 6; 75-1 ((10)) 4A, 5A, and
6A.
Mr. Mark A. Kosters reaffirmed the validity
of the affidavit for the record.
Mr. Kosters 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, Tracy Swagler,
Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning
and Zoning, presented the staff and Planning Commission recommendations.
On behalf of Supervisor McConnell, Supervisor
Smyth moved:
·
Approval of Agricultural Forestal
Application AF 2004-SP-2001.
·
Adoption of the proposed amendments
to the Code of the County of Fairfax, Appendix F (Local Agricultural and
Forestal Districts), creating the Kosters Local
Agricultural and Forestal District, subject to the Ordinance provisions
dated October 27, 2004.
Supervisor Kauffman seconded the motion and
it carried by a vote of six, Supervisor DuBois, Supervisor Frey, Supervisor
Hudgins, Supervisor Kauffman, Supervisor Smyth, and Vice-Chairman Bulova
voting “AYE,” Supervisor Gross, Supervisor Hyland, and Chairman Connolly
being out of the room, Supervisor McConnell being absent.
69.
(NOTE: This
public hearing was deferred until later in the meeting. See Clerk's Summary Item CL#83.)
70.
(O) The application property is located on the east side
of Sutton Road approximately 900 feet south of its intersection with Courthouse
Road, Tax Map 48-1 ((1)) 80.
Supervisor Smyth moved, with reference to Rezoning
Application 2004-PR-018, Landmark Property Development, LLC, that the Board
waive its Policy regarding over inclusive affidavits and proceed with the
public hearing. Supervisor DuBois
seconded the motion and it carried by a vote of six, Supervisor Gross, Supervisor
Hyland, and Chairman Connolly being out of the room, Supervisor McConnell
being absent.
Mr. John Thillmann reaffirmed the validity of
the affidavit for the record.
Mr. Thillmann 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 Hudgins disclosed the following campaign contribution which she had received:
· In excess of $200 from Mr. Scott M. Herrick of Landmark Property Development, LLC
Supervisor Frey disclosed the following campaign contribution which he had received:
· In excess of $200 from Mr. Scott M. Herrick and Mr. John H. Thillmann
Supervisor Kauffman disclosed the following campaign contribution which he had received:
· In excess of $200 from Mr. Scott M. Herrick of Landmark Property Development, LLC
Supervisor Bulova disclosed the following campaign contribution which she had received:
· In excess of $200 from Cherokee Management
Supervisor DuBois disclosed the following campaign contributions which she had received:
· In excess of $200 from Cherokee Management
· In excess of $200 from Mr. Richard Labbe
Following the public hearing, 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-018 from the R-1 District to the R-5 District, subject
to the proffers dated
Supervisor Smyth moved:
·
Waiver of the minimum district size
requirement of four acres.
·
Modification of the transitional
screening requirement to the north, west, and southeast in favor of that
shown on the Generalized Development Plan (GDP).
·
Modification of the barrier requirement
to the north and west in favor of that shown on the GDP.
·
Waiver of the barrier requirement
to the southeast.
Supervisor DuBois
seconded the motion and it carried by a vote of six, Supervisor Gross, Supervisor
Hyland, and Chairman Connolly being out of the room, Supervisor McConnell
being absent.
71.
Supervisor Kauffman moved to defer the
public hearing on Rezoning Application
RZ 2003-LE-011, Proffered Condition Amendment Application PCA 96-L-005-3,
and
72.
(NOTE: Later in the meeting, this public hearing was deferred. See Clerk's Summary Item CL#84.)
73.
The application property is located at
Mr. Rosenlal Betchar reaffirmed the validity
of the affidavit for the record.
Mr. Betchar 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, Tracy Swagler,
Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning
and Zoning, presented the staff and Planning Commission recommendations.
Supervisor Frey moved approval of Special Exception
Application SE 2004‑SU‑023, subject to the development
conditions dated
74.
The application property is located at
Mr. Robert F. Flinn reaffirmed the validity
of the affidavit for the record.
Mr. Flinn 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 Frey moved approval of Special Exception
Application SE 2004‑SU‑021, subject to the development
conditions dated
Supervisor Frey moved waiver of the service
drive requirement and of the loading space requirement. Supervisor Hudgins seconded the motion and it
carried by a vote of six, Supervisor Gross, Supervisor Hyland, and Chairman
Connolly being out of the room, Supervisor McConnell being absent.
75.
(NOTE: Decision on this item was deferred until later in the meeting. See Clerk's Summary Item CL#85.)
76. 4 P.M.
– PH ON PROPOSED OUT-OF-TURN PLAN AMENDMENT S04‑IV-LP1, LOCATED EAST
OF
(NOTE: Later in the meeting, this public hearing was deferred. See Clerk's Summary Item CL#86.)
77. BOARD RECESS (
At
78.
(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 December 23 and December 30, 2004.
Donald Stephens, Transportation Planner, Site
Analysis Section, Department of Transportation, presented the staff report.
Following the public hearing, Supervisor Frey
moved adoption of:
·
Ordinance vacating segments of
·
Order abandoning segments of
Supervisor Hudgins seconded the motion and it
carried by a vote of six, Supervisor DuBois, Supervisor Frey, Supervisor
Hudgins, Supervisor Kauffman, Supervisor Smyth, and Vice-Chairman Bulova
voting “AYE,” Supervisor Gross, Supervisor Hyland, and Chairman Connolly
being out of the room, Supervisor McConnell being absent.
79. 4 P.M.
– PH ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, APPENDIX
G, EXPANDING THE ANNANDALE RESIDENTIAL PERMIT PARKING DISTRICT (RPPD), DISTRICT
14 (BRADDOCK DISTRICT) (4:04
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 December 23 and December 30, 2004.
Hamid Majdi,
Transportation Planner, Traffic Operations Section, Department of Transportation,
presented the staff report.
Following the public hearing, which included
testimony by one speaker, Supervisor Kauffman moved adoption of the proposed
amendments to the Code of the
80.
Supervisor Smyth moved to defer the public
hearing on Special Exception Amendment
Application SEA 82-P-032-4, until
81. BOARD RECESS (
At
82.
(O) (NOTE: At
its
The application property is located in the northeast
quadrant of the intersection of Centreville Road and Lowe Street, Tax Map
34-2 ((1)) 18; 34-4 ((1)) 4-6; 34-4 ((2)) 1-12; 34-4 ((3)) 1-4 and 6-12
and portions of Armfield Street, Lowe Street, and Louise Avenue public rights-of-way
to be vacated and/or abandoned. (Approval
of this application may enable the vacation and/or abandonment of portions
of the public rights-of-way for portions of Armfield Street, Lowe Street,
and Louise Avenue to proceed under Section 15.2-2272 (2) of the Code of Virginia.)
Mr. Frank W. Stearns reaffirmed the validity
of the affidavit for the record.
Mr. Stearns had filed the necessary notices
showing that at least 25 adjacent and/or interested parties had been notified
of the date and hour of this public hearing and he proceeded to present
his case.
Supervisor Smyth disclosed that her husband, Nigel Smyth, has an attorney/client relationship with one of the property owners in this consolidation and, therefore, recused herself from any discussion or decision on the application.
Chairman Connolly disclosed the following campaign contributions which he had received:
· In excess of $100 from Mr. F. Gary Garczynski
· In excess of $100 from Mr. Frank W. Stearns
· In excess of $100 from Mr. John G. Milliken
· In excess of $100 from Mr. John D. Long
· In excess of $100 from Mr. James A. Overson
Following the public hearing, which included
testimony by four speakers, Tracy Swagler, Senior Staff Coordinator,
Zoning Evaluation Division, Department of Planning and Zoning, presented
the staff and Planning Commission recommendations.
Supervisor Frey moved amendment of the Zoning
Ordinance, as it applies to the property which is the subject of Rezoning
Application RZ 2004-SU-015, from the R-1, HD, and WS Districts to the PDH-5,
HD, and WS Districts, subject to the proffers dated
Supervisor Frey moved waiver of the 600-foot
maximum length requirement for private streets.
Supervisor Hudgins seconded the motion and it carried by a vote of
eight, Supervisor Smyth being out of the room, Supervisor McConnell
being absent.
On
83.
(O)
The application property is located in the northwest quadrant of
Sydenstricker Road and the Fairfax County Parkway, Tax Map 89-3 ((1)) 20
and 21A.
Ms. Lynne J. Strobel reaffirmed the validity
of the affidavit for the record.
Ms. Strobel had filed the necessary notices
showing that at least 25 adjacent and/or interested parties had been notified
of the date and hour of this public hearing and she proceeded to present
her case.
Following the public hearing, Kristen Crookshanks,
Staff Coordinator, Zoning Evaluation Division, Department of Planning and
Zoning, presented the staff and Planning Commission recommendations.
Supervisor Hyland moved amendment of the Zoning
Ordinance, as it applies to the property which is the subject of Rezoning
Application RZ 2004-MV-019 from the R-1 District to the R-3 District, subject
to the proffers dated
84.
Supervisor Hyland moved to defer the
public hearing on Proffered Condition Amendment Application PCA
80-L-070 and Special Exception Application
SE 2004-MV-020 until
85.
(NOTE: At
its
Supervisor Bulova moved approval of Out-of-Turn
Plan Amendment S01‑CW‑9CP. Supervisor Hudgins seconded the motion.
Discussion ensued with input from David B. Marshall,
Chief, Public Facilities Planning Branch, Planning Division, Department
of Planning and Zoning, regarding the location of a vehicle storage center
facility.
Additional discussion ensued with input from
Lieutenant Wayne Inabinet, Technical Services Bureau, Police Department,
regarding the location of a helicopter facility.
Following discussion, Supervisor Hyland asked
unanimous consent that the Board direct staff to provide a report
regarding discussion with the Army on the possibility of locating the County
helicopter at Davidson Air Field. Without
objection, it was so ordered.
The question was called on the motion and it
carried by a vote of nine, Supervisor McConnell being absent.
86. 4 P.M.
– PH ON PROPOSED OUT-OF-TURN PLAN AMENDMENT S04‑IV-LP1, LOCATED EAST
OF
Supervisor Hyland moved to defer the
public hearing on Out-Of-Turn Plan
Amendment S04‑IV-LP1 until
87. BOARD ADJOURNMENT (
At