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).
05-05
DET:det
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 Dana Kauffman,
·
Supervisor Elaine McConnell, Springfield
District
·
Supervisor Linda Q. Smyth, Providence
District
Supervisor Catherine Hudgins, Hunter Mill District, and Supervisor Gerald
W. Hyland, Mount Vernon District, were absent from the entire meeting.
Others present during the meeting were Anthony H. Griffin,
BOARD MATTER
1. MOMENT
OF SILENCE (
Chairman Connolly asked everyone to keep in
thoughts Supervisor Hyland who would not be here today. His mother died this weekend and he was in
(NOTE: Later
in the meeting, arrangements were made to send flowers to Supervisor Hyland and his family, on behalf of
the Board. See Clerk’s Summary Item
CL#40.)
AGENDA ITEMS
2. CERTIFICATE
OF RECOGNITION PRESENTED TO THE
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and moved approval of the Certificate of Recognition
presented to the Northern Virginia Firefighters’ Emerald Society Pipe Band
for its years of service to the County.
Supervisor McConnell seconded the motion and it carried by a vote
of eight, Supervisor Hudgins and Supervisor Hyland being absent.
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
3. CERTIFICATE
OF RECOGNITION PRESENTED TO MERRIFIELD FIRE AND RESCUE STATION 30 (
Supervisor Smyth moved approval of the Certificate
of Recognition presented to the Merrifield Fire and Rescue Station 30 for
25 years of service to the County and the community. Supervisor Gross seconded the motion and it
carried by a vote of eight, Supervisor Hudgins and Supervisor Hyland being
absent.
4. CERTIFICATE
OF RECOGNITION PRESENTED TO MR. WALTER MESS (
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and moved approval of the Certificate of Recognition
presented to Mr. Walter Mess for his decades of public service to the
Northern Virginia Regional Park Authority and the residents of
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
5. PROCLAMATION
TO DESIGNATE MARCH 2005 AS “INCLUDING
PEOPLE WITH DEVELOPMENTAL DISABILITIES MONTH” IN
Supervisor Bulova moved approval of the proclamation
designating March 2005 as “Including
People with Developmental Disabilities Month” in
6. CERTIFICATE
OF RECOGNITION PRESENTED TO THE LAND CONSERVATION AWARDEES (
Supervisor Bulova moved approval of the Certificate
of Recognition presented to the Land Conservation awardees for their efforts.
Supervisor Gross seconded the motion and it carried by a vote of
six, Supervisor McConnell and Supervisor Smyth being out of the room, Supervisor
Hudgins and Supervisor Hyland being absent.
7. PROCLAMATION
TO DESIGNATE MARCH 2005 AS “ALTERNATIVE
RESOLUTION DISPUTE MONTH” IN
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and moved approval of the proclamation designating
March 2005 as “Alternative Resolution
Dispute Month” in
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
8.
Chief Tim Fleming, Chairman, Volunteer Fire Commission, presented its annual report.
Following the report, discussion ensued concerning the decline in the number volunteers, whether the Board needed to address this decline during budgetary considerations, the status of the volunteer assessment, facilities maintenance, and whether it was possible, through the development process, to obtain more proffers for volunteer stations.
9.
Linda Wimpey, Chairperson of the Council on Homelessness, presented its annual report. The report recommended three top priorities and one challenge for the Board to consider:
· A dedicated revenue source for affordable housing.
· The needs of homeless, medically-frail adults and children.
· The need for single resident occupancy (SRO).
· A challenge for the Board to provide County land through surplus school property or any other unused land for the development of at least one SRO in Fiscal Year 2006.
Discussion
ensued with input from William Macmillan, Service Integration Manager, Department
of Systems Management for Human Services, concerning percentages involved,
and Anthony H. Griffin,
Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and asked unanimous consent that the Board direct staff to include in the consideration list the cost of a van for use by the County’s Hypothermia Task Force. Without objection, it was so ordered.
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
DS:ds
10. ADMINISTRATIVE ITEMS (
Supervisor Gross moved approval of the Administrative
Items. Supervisor Bulova seconded
the motion.
Supervisor Bulova called the Board’s attention
to Admin 6 – Authorization to Advertise Publication of the Fiscal Year
2006 Budget and Required Tax Rates and asked to amend the motion to
advertise a tax rate of $1.03, and this was accepted.
Discussion ensued, with input from Susan W.
Datta, Director, Department of Management and Budget, regarding the property
tax rate. Chairman Connolly noted
that the tax rate of $1.03 (a reduction of $0.10 per $100 of assessed value)
would bring the property tax rate to the lowest in County history.
Following further discussion, with input from
Anthony H. Griffin,
Chairman Connolly noted that
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
The question was called on the motion, as amended, to approve the
administrative items and it carried by a vote of eight, Supervisor Bulova,
Supervisor DuBois, Supervisor Frey, Supervisor Gross, Supervisor Kauffman,
Supervisor McConnell, Supervisor Smyth, and Chairman Connolly voting “AYE,”
Supervisor Hudgins and Supervisor Hyland being absent.
ADMIN 1
– EXTENSION OF REVIEW PERIOD FOR A 2232 PUBLIC FACILITY REVIEW APPLICATION
(
Approved an extension of review period for Public Facility
(2322) Review Application FS-L04-72 to
ADMIN 2
– INSTALLATION OF “$200 ADDITIONAL FINE FOR SPEEDING” SIGNS ON COTTAGE STREET
AS PART OF THE FAIRFAX COUNTY DEPARTMENT OF TRANSPORTATION’S RESIDENTIAL
TRAFFIC ADMINISTRATION PROGRAM (PROVIDENCE DISTRICT)
(R)
Adopted the Resolution endorsing the installation
of “$200 Additional Fine for Speeding” signs at
ADMIN 3
– AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENTS TO
THE CODE OF THE
(A)
Authorized the advertisement of a public hearing to be held before
the Board on April 4, 2005, at 4 p.m. to consider
proposed amendments to the Code of the County of Fairfax, Chapter 67.1 (Sanitary
Sewers and Sewage Disposal), Article 10, Revising the Sewer Service
Charges and the Availability Fees.
ADMIN 4 – SUPPLEMENTAL APPROPRIATION RESOLUTION
(SAR) AS 05077 FOR THE FIRE AND RESCUE DEPARTMENT TO ACCEPT AN ADDITIONAL
GRANT AWARD FROM THE US AGENCY FOR INTERNATIONAL DEVELOPMENT (USAID) TO
PROVIDE SUPPORT FOR A PROGRAM IN INTERNATIONAL URBAN SEARCH AND RESCUE
(SAR)
Approved SAR AS 05077 in the amount of $795,924 for FRD to accept
grant funds from USAID to be used to provide urban search and rescue services
and technical assistance for USAID and to reimburse for costs incurred due
to the 2004 Summer Olympics development.
A local cash match of $75,816 is required.
ADMIN
5 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENTS TO
THE CODE OF THE
(A) Authorized the advertisement of a public hearing
to be held before the Board on March
21, 2005, at 4 p.m. to consider proposed amendments to the Code
of the County of Fairfax, Chapter 7 (Elections), to extend the temporary
polling place relocation for Colvin precinct and establish the hours and
dates of operation for the absentee voting satellites for the November 8,
2005, general election.
ADMIN
6 – AUTHORIZATION TO ADVERTISE PUBLICATION OF THE FISCAL YEAR (FY) 2006
BUDGET AND REQUIRED TAX RATES
(A) (NOTE: Earlier in the meeting, additional action was taken regarding this item. See pages 4–5.)
Authorized the advertisement of the following items, which are included in the proposed FY 2006 Budget:
·
A brief synopsis of the FY 2006 Budget and a notice of proposed adoption
of a Resolution appropriating funds for the FY 2006 Budget to be advertised
during the week ending
· The notice required by Virginia Code Section 58.1-3321.
· Public hearings on the proposed Advertised Capital Improvement Program for FY 2006 – 2010 (with Future Fiscal Years to 2015).
·
Public hearings on some of the proposed General and General Fund Supported
Revenue Enhancements which require Code of the County of Fairfax changes
to be included in the FY 2006 Advertised Budget Plan.
· Public hearing on the FY 2006 Effective Tax Rate of $1.03 per $100 of assessed value.
ADMIN 7 – AUTHORIZATION TO ADVERTISE A
PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CODE OF THE
(A) Authorized
the advertisement of a public hearing to be held before the Board on
11. A-1 – AMENDED
Supervisor
Smyth noted that a public hearing is scheduled for
(NOTE: Later in the meeting, action was taken regarding this item. See Clerk’s Summary Item CL#44.)
12. A-2 – APPROVAL OF THE NUMBER OF TAXICAB
CERTIFICATES TO BE AUTHORIZED IN 2005
(
On motion of Supervisor Bulova, seconded by Supervisor McConnell, and carried by a vote of eight, Supervisor Hudgins and Supervisor Hyland being absent, the Board concurred in the recommendation of staff and approved the awarding of 51 additional taxicab certificates in 2005.
13. A-3 – ADOPTION OF A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT WITH COMCAST OF VIRGINIA, INCORPORATED (“COMCAST”) TO EXTEND THE COUNTY’S TIME TO EVALUATE COMCAST’S FORMAL FRANCHISE RENEWAL PROPOSAL AND AUTHORIZATION TO ADVERTISE A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE TO EXTEND THE CABLE TELEVISION FRANCHISE HELD BY COMCAST UNTIL NO LATER THAN JUNE 30, 2005 (RESTON FRANCHISE AREA) (11:13 a.m.)
(R) (A) Chairman Connolly relinquished the Chair to Vice-Chairman
Bulova and moved that the Board concur in the recommendation of staff and:
·
Adopt a Resolution authorizing the
Comcast’s formal renewal proposal.
· Authorize advertisement of a public hearing to be held before the Board on April 25, 2005, at 4 p.m. to consider the adoption of an ordinance to extend the Comcast cable franchise agreement until no later than June 30, 2005.
Vice-Chairman Bulova seconded the motion and it carried by a vote of eight, Supervisor DuBois, Supervisor Frey, Supervisor Gross, Supervisor Kauffman, Supervisor McConnell, Supervisor Smyth, Vice-Chairman Bulova, and Chairman Connolly voting “AYE,” Supervisor Hudgins and Supervisor Hyland being absent.
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
14. A-4 – APPROVAL OF A COMMENT LETTER SUPPORTING
THE CONCEPT OF THE ESTABLISHMENT OF A REGIONAL
Supervisor Gross moved approval of a draft letter, for the Chairman’s signature, indicating the County’s support of the concept of establishing a regional Chesapeake Bay Finance Authority. Supervisor DuBois seconded the motion.
Discussion ensued, with input from Kambiz Agazi, Environmental Coordinator, regarding why the Board received this item late.
Following additional discussion regarding the comment letter, Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and asked to amend the motion to include in the letter the concern the County has that in whatever decisions are made to identify funding sources, some cognizance be taken of the inequity of the existing situation.
Supervisor
McConnell stated for the record that she would not support anything else
on the
Chairman Connolly called the Board’s attention to an attachment to this item and noted that it should answer some of the concerns of Board Members. He encouraged his colleagues to read it during their lunch time.
Noting that
there is a time issue on this item, Supervisor Gross withdrew her motion
and asked unanimous consent that the Board defer action on this item until
later in the meeting. Without objection,
it was so ordered.
(NOTE: Later in the meeting, action was taken regarding this item. See Clerk’s Summary Item CL#38.)
15. I-1 – MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL RESOURCE CONSERVATION SERVICE, THE NORTHERN VIRGINIA SOIL AND WATER DISTRICT COMMISSION (NVSWDC), AND FAIRFAX COUNTY FOR THE REHABILITATION OF LAKE ROYAL, POHICK CREEK DAMSITE NUMBER 4 (BRADDOCK DISTRICT) (11:24 a.m.)
The Board next considered an item contained
in the Board Agenda dated
The staff was directed administratively to proceed as proposed.
16. I-2 – CONTRACT AWARD – FEASIBILITY STUDY
AND DESIGN FOR REGIONAL POND SU0005 (S-5) (DRANESVILLE DISTRICT) (
The Board next considered an item contained
in the Board Agenda dated March 7, 2005, requesting authorization for staff
to award a contract to GKY and Associates, Incorporated, in the amount of
$146,891.75 for a feasibility study and design for Regional Pond SU0005
(S-5) in the Sugarland Run Watershed of Dranesville District.
The staff
was directed administratively to proceed as proposed.
17. I-3 – CONTRACT
AWARD – PHASE I IMPROVEMENTS TO THE CORE AREA AT
The Board next considered an item contained
in the Board Agenda dated
The staff was directed administratively to proceed
as proposed.
18. I-4 – CONTRACT
AWARD – TECHNOLOGY ARCHITECTURE CONSULTING SERVICES (
The Board next considered an item contained
in the Board Agenda dated March 7, 2005, requesting authorization for staff
to award a contract to Winbourne and Costas, Incorporated, in the amount
of $1,100,000 potentially for a five-year term for consulting services to
the County in developing a public safety interoperability framework and
technology architecture, defining requirements, and developing a strategy
for integration and interoperability of public safety systems.
Discussion ensued, with input from Robert A.
Stalzer, Deputy County Executive, regarding the current technology system
and the proposed contract award for technology architecture consulting services.
Following further discussion, with input from
David J. Molchany, Chief Information Officer, and Anthony H. Griffin,
19. I-5 – IMPLEMENTATION
OF AFFORDABLE HOUSING PRESERVATION ACTION COMMITTEE RECOMMENDATIONS
(
The Board next considered an item contained
in the Board Agenda dated
Discussion ensued, with input from Paula Sampson,
Director, Department of Housing and Community Development, regarding land
use issues.
Supervisor Kauffman called the Board’s attention
to Item Number Two of the Board Agenda Item and asked unanimous consent
that the Board direct staff to add the following text:
“In addressing any flexibility in the comprehensive
plan, County staff is to coordinate with local redevelopment groups to ensure
preservation efforts are balanced with, and take into consideration, other
revitalization initiatives for those properties falling within revitalization
districts.”
Without objection, it was so ordered.
Supervisor Gross called the Board’s attention
to Item Number 11 of the Board Agenda Item and asked unanimous consent that
the Board direct staff to, at the beginning of the sentence, delete the
word “Broaden” and replace with “Further
explore…” Without objection,
it was so ordered.
Following further discussion, the staff was
directed administratively to proceed as proposed.
20. I-6 – TRANSMITTAL
OF COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR NEW RUNWAYS,
TERMINAL FACILITIES AND RELATED FACILITIES AT
The Board next considered an item contained
in the Board Agenda dated
Following a brief discussion, the staff was
directed administratively to proceed as proposed.
ADDITIONAL BOARD MATTERS
NV:nv
21. 2005
Chairman Connolly announced that this month
marks the beginning of the 2005 Virginia School Census throughout the Commonwealth.
The results of the census are an important source of education funding.
He said that it is vital that everyone participate in the census
because funding dollars are at stake. These
dollars could alleviate the tax burden on homeowners.
Therefore, Chairman Connolly relinquished the
Chair to Vice-Chairman Bulova and moved that the Board, on behalf of all
residents of the County, proclaim March 2005 as “2005 Virginia School Census: Bring Your Tax Dollars Home This Month,”
and direct the staff of Channel 16 to help advertise the census as much
as possible, given that taxpayer dollars are at stake. Vice-Chairman Bulova seconded the motion.
Chairman Connolly noted that the census form
is available online and is easy to complete.
The question was called on the motion and it
carried by a vote of eight, Supervisor Hudgins and Supervisor Hyland being
absent.
22. EXERCISE AT
Chairman Connolly
said that he received a press release
from
Chairman Connolly asked unanimous consent that
the Board direct the Office of Public Affairs to bring some attention to
that press release on Channel 16. Without
objection, it was so ordered.
23. CHILD ABUSE
PREVENTION MONTH (
Chairman Connolly said that it is time for Child
Abuse Prevention Month. Last year
the County’s Child Protective Services’ round-the-clock hotline received
over 35,000 calls from individuals seeking help, guidance, and referrals
to parenting and support services programs.
Therefore, Chairman Connolly moved that the
Board proclaim April 2005 as “Child
Abuse Prevention Month” in Fairfax County and invite the appropriate
representatives from the Advisory Social Services Board and others to receive
the proclamation at the March 21 Board meeting.
Vice-Chairman Bulova seconded the motion and it carried by a vote
of eight, Supervisor Hudgins and Supervisor Hyland being absent.
24. COMMUNITY DEVELOPMENT
WEEK (
Chairman Connolly moved that the Board proclaim
March 28–April 3, 2005, as “Community
Development Week” in Fairfax County and invite the appropriate representatives
from the Department of Housing and Community Development to receive the
proclamation at the March 21 Board meeting. Vice-Chairman Bulova seconded the motion and
it carried by a vote of eight, Supervisor Hudgins and Supervisor Hyland
being absent.
There was a brief discussion regarding the schedule
for the March 21 Board meeting, with input from
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
25. NO BOARD MATTERS FOR SULLY DISTRICT SUPERVISOR
FREY (
Supervisor Frey announced that he had no Board Matters to present today.
26.
Supervisor
Bulova announced that the
Supervisor
Bulova noted that the girls pulled off a thrilling victory over
Accordingly, Supervisor Bulova asked unanimous consent that the Board direct staff to draft a letter, for the Chairman’s signature on behalf of the Board, congratulating Ms. Youngren and her team for their outstanding performance and achievement. Without objection, it was so ordered.
PW:pw
27. RECOGNITION OF JUSTIN AND PATRICIA MALLOY (DRANESVILLE DISTRICT) (
Supervisor
DuBois said that for the past 22 years, Justin and Patricia Malloy have
invested their volunteer time serving as the Neighborhood Watch Coordinators
for the Hansborough Community in
Therefore, Supervisor DuBois asked unanimous consent that the Board direct staff to invite the Malloys to appear before the Board to be recognized for their service to the community. Without objection, it was so ordered.
28.
Jointly with Supervisor Hudgins, Supervisor DuBois said that on January 26, 2005 the Planning Commission deferred several North County Area Plan Review (APR) nominations, covering over 200 acres along Hunter Mill Road north of the Toll Road in the Hunter Mill and Dranesville Districts. Since then, they have been working together to form a joint APR task force to review nominations and looking at the feasibility of conducting a community planning Charrette to assist in the process. They anticipate having additional information regarding the process and schedule by the next Board meeting.
29.
Supervisor
Smyth noted that
30. PARK AUTHORITY COMMUNITY CONNECTIONS INITIATIVE
(
Supervisor Gross asked unanimous consent that the Board direct staff to prepare a Consideration Item in the amount of $181,455 for the first phase of the Community Connections Initiative. The proposed Fiscal Year 2006 Community Connections Initiative will provide staffing to assist and support community programs occurring in the parks and to increase the presence of park staff in parks at times of high use and during community events and large gatherings. Without objection, it was so ordered.
31. PROGRAMS CUT BY FEDERAL BUDGET THAT
Chairman Connolly referenced a memorandum he had received from Hal Strickland, Chairman of the Park Authority, alerting him to the proposed termination of the Land and Water Conservation Fund State Assistance Program in the Fiscal Year (FY) 2006 Federal Budget.
Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and asked unanimous consent that the Board direct staff to take a comprehensive look at the FY 2006 Federal Budget and provide the Board with the programs slated to be cut so that the Board can take appropriate action with the General Assembly. Without objection, it was so ordered.
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
PMH:pmh
32. BLIGHT ABATEMENT
PROGRAM (
Jointly with Supervisor Gross, Supervisor Kauffman said that the Blight
Abatement Program is important to the quality of the community because it
addresses citizen concerns about abandoned, dilapidated, and unsafe properties
that dramatically impact neighborhoods. The
last formal review of the Blight Abatement Program took place in 1998 when
the Board approved changes to the program that streamlined the time it takes
to process a case and provided for blight abatement cost reimbursement through
tax provisions. Since 1998, the
Board has requested from staff further recommendations for program improvements
that have yet to be implemented.
All of the program improvements previously recommended by staff will require
Board action and were contained in a memorandum to the Board dated
·
Development of a repair policy within
the program.
·
Clarification of the vacancy criterion
to address structures that have been damaged by fire or condemned.
·
Reduction in the number of plans
a property owner may submit for blight abatement.
Some of the current
Supervisor Kauffman referred to his written Board Matter and moved that
the Board direct staff to address the issues contained in it and report
their findings as soon as possible. Supervisor
Gross seconded the motion.
Following discussion regarding the vacancy criterion, the question was
called on the motion and it carried by a vote of eight, Supervisor Hudgins
and Supervisor Hyland being absent.
Supervisor Gross asked unanimous consent that the Board direct staff to respond no later than June 2005. Without objection, it was so ordered.
33. TRANSPORTATION
SUMMIT (
Supervisor McConnell reminded the Board that the Transportation Summit will be held on Monday, March 14.
34. NATIONAL COUNCIL
OF NEGRO WOMEN (
On behalf of Supervisor Hudgins,
Chairman Connolly announced that
on April 17 the Dulles Section of the National Council of Negro Women
will celebrate its thirty-second anniversary.
Therefore, Chairman Connolly relinquished the Chair to Vice-Chairman Bulova
and asked unanimous consent that the Board direct staff to prepare a certificate
of commendation for the Dulles Section of National Council of Negro Women
to be presented
35. TRANSPORT OF HAZARDOUS
On behalf of Supervisor Hudgins,
Chairman Connolly said that numerous
constituents have contacted her with their concerns regarding the transport
of hazardous materials on
There were two bills in the Virginia General Assembly that would have
banned hazardous material from being transported on Hunter Mill Road --
SB 997 (Devolites-Davis) and HB 1861 (Shannon).
The reason why these bills either died or were allowed to languish is
because VDOT told the patrons that legislation was not necessary to accomplish
the intended result, as a process exists already that could address this
matter. The process would begin with
the Board taking a formal action to ask VDOT to ban hazardous materials
from being transported on
On behalf of Supervisor Hudgins, Chairman Connolly
moved that the Board again request VDOT to determine whether it is feasible
to ban trucks carrying hazardous materials cargo from
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
36. 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 2.2‑3711 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.
2. William
E. Shoup,
3. William
E. Shoup,
4. Daniel
E. Carpenter and Phyllis A. Carpenter v. Board of Zoning Appeals of
5. William
E. Shoup,
6. William
E. Shoup,
7. William
E. Shoup,
8. William
E. Shoup,
9. William
E. Shoup,
10. William
E. Shoup,
11. Board of
Supervisors v. Erick R. Erickson, President of the Annandale Virginia Stake
of the Church of Jesus Christ of Latter-Day Saints, et al., No. 05-4970
(Fx. Co. Gen. Dist. Ct.) (Braddock District)
12. Jean Gilbert
v. Anthony H. Griffin,
And in addition:
·
Memorandum of Understanding between the
Supervisor Bulova seconded the motion and it carried by a vote of eight, Supervisor Hudgins and Supervisor Hyland being absent.
DMB:dmb
At 3:18 p.m.,
the Board reconvened in the Board Auditorium with all
ACTION FROM CLOSED
SESSION
37. 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 Kauffman seconded the motion and it carried by a vote of seven, Supervisor Bulova, Supervisor DuBois, Supervisor Frey, Supervisor Gross, Supervisor Kauffman, Supervisor Smyth, and Chairman Connolly voting "AYE," Supervisor McConnell being out of the room, Supervisor Hudgins and Supervisor Hyland being absent.
Supervisor Gross announced that she would have an additional motion from closed session later in the meeting.
(NOTE: Later in the meeting, additional action was taken from closed session. See Clerk's Summary Item CL#45.)
AGENDA ITEMS
38. A-4 – APPROVAL OF A COMMENT LETTER SUPPORTING
THE CONCEPT OF THE ESTABLISHMENT OF A REGIONAL
(NOTE: Earlier in the meeting, action on this item was deferred. See Clerk’s Summary Item CL#14.)
Supervisor
Gross distributed around the dais a revised letter addressed to the Chair
of the Metropolitan Washington Council of Governments Board of Directors,
regarding recommendations of the Blue Ribbon Finance Panel for clean-up
of the Chesapeake Bay Watershed dated
· Second paragraph – Revise the last two lines of the sentence to read “…to include a credit program for local governments that have already committed significant time and financial resources toward water quality efforts and programs that include, but are not limited to, watershed management planning, wastewater treatment facility upgrades, and education and outreach. Additional issues that must be considered include operating details of membership, cost implications, legal issues, taxing authority, distribution formulas, and other mechanics of implementation and structure.”
· Second paragraph, line three – Remove the word “Finance.”
Therefore, Supervisor Gross moved approval of the revised draft letter. Supervisor Smyth seconded the motion and it carried by a vote of seven, Supervisor McConnell being out of the room, Supervisor Hudgins and Supervisor Hyland being absent.
ADDITIONAL BOARD MATTERS
39. INTENT TO DEFER PUBLIC HEARING (
On behalf
of Supervisor Hyland, Supervisor Kauffman announced his intent, at the appropriate
time later in the meeting, to defer the
(NOTE: Later in the meeting the public hearing was formally deferred. See Clerk's Summary Item CL#50.)
40. ARRANGEMENTS FOR FLOWERS TO BE SENT TO
SUPERVISOR HYLAND AND HIS FAMILY FOR HIS MOTHER’S FUNERAL (
(NOTE: Earlier in the meeting, Chairman Connolly announced the death of Supervisor Hyland’s mother. See Clerk’s Summary Item CL#1.)
Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and asked unanimous consent that the Board direct the Clerk’s Office to make arrangements for an appropriate floral arrangement to be sent to Supervisor Hyland and his family with the sympathy and condolences on behalf of the Board on the death of his mother. Without objection, it was so ordered.
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
41. COMMENTS FROM SUPERVISOR SMYTH REGARDING
(NOTE: Earlier in the meeting, there was discussion regarding this item. See Clerk’s Summary Item CL#11.)
Supervisor
Smyth made comments regarding parking reduction for
(NOTE: Later in the meeting, action was taken regarding this item. See Clerk's Summary Item CL#43.)
42. COMMENTS FROM SUPERVISOR BULOVA REGARDING
MEETING ON FIRE PREVENTION (
Supervisor Bulova reported on a meeting that
she held last week on the subject of Fire Prevention with Michael Neuhard,
Chief, Fire and Rescue Department, as the speaker.
Supervisor Gross commented that fire incident
notifications within the County now include information regarding the loss
and tax assessment of the structure.
Supervisor Kauffman cited the
AGENDA ITEMS
43.
The application
property is located at 7777 Leesburg Pike, Tax Map 39-2 ((1)) 47.
Ms. Kara
M. Whisler reaffirmed the validity of the affidavit for the record.
Ms. Whisler 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, Peter Braham,
Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning
and Zoning, presented the staff and Planning Commission recommendations.
Supervisor Smyth moved:
·
Approval of Special Exception Application
SE 2004-PR-017, subject to the development conditions dated
·
Modification of the transitional
screening yard requirement along the northern and eastern boundaries and
waiver of the barrier requirement along the northern boundary.
·
Modification of the loading space
requirement from four to two spaces.
Supervisor DuBois seconded the motion and it
carried by a vote of seven, Supervisor McConnell being out of the room,
Supervisor Hudgins and Supervisor Hyland being absent.
(NOTE: Later in the meeting, the Board approved the parking reduction request. See Clerk’s Summary Item CL#44.)
44. A-1 – AMENDED
(NOTE: Earlier in the meeting, the Board deferred action on this item and made additional comments. See Clerk’s Summary Item CL#11 and CL#41.)
Supervisor Smyth moved approval that the Board
concur in the recommendation of staff and approve an amended parking reduction
of 21.5 percent for Stratford University at 7777 Leesburg Pike (Stratford),
pursuant to Paragraph 4(B), Section 11-102 of the Fairfax County Zoning
Ordinance, and based on an analysis of the parking requirements for each
use on the site and a parking reduction study, on conditions as outlined
in the Board Agenda Item dated March 7, 2005. Supervisor DuBois seconded the motion and it
carried by a vote of seven, Supervisor McConnell being out of the room,
Supervisor Hudgins and Supervisor Hyland being absent.
ACTION FROM CLOSED SESSION
45. SETTING OF SALARIES OF THE POSITIONS OF SHERIFF,
COMMONWEALTH ATTORNEY, CLERK TO THE CIRCUIT COURT, AND AUDITOR TO THE BOARD
OF SUPERVISORS (
Supervisor Gross moved that the Board approve the salaries of the following positions to be set effective for the next pay period:
· Sheriff $134,650
· Commonwealth Attorney $137,315
· Clerk to the Circuit Court $134,650
· Auditor to the Board of Supervisors $107,613
Supervisor Bulova seconded the motion and said that this is in compliance with the State Code that requires some of this action to be taken.
The question was called on the motion and it CARRIED by a recorded vote of six, Supervisor Bulova, Supervisor DuBois, Supervisor Frey, Supervisor Gross, Supervisor Smyth, and Chairman Connolly voting "AYE," Supervisor Kauffman voting “NAY,” Supervisor McConnell being out of the room, Supervisor Hudgins and Supervisor Hyland being absent.
AGENDA ITEMS
46.
(O) The application property is located north of I-495
on the east side of Backlick Road and south of Hechinger Drive, Tax Map
80-2 ((1)) 23.
Ms. Catharine
Puskar reaffirmed the validity of the affidavit for the record.
Ms. Puskar 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 Frey disclosed the following campaign contribution which he had received:
· In excess of $200 from New World Plaza Centreville, LLC, of which Min S. Kang and Charles C. Kim are members. They are also members of this partnership; however, New World Plaza Centreville is not a party to this application.
Following the public hearing, Aaron Shriber,
Staff Coordinator, Zoning Evaluation Division, Department of Planning and
Zoning, presented the staff and Planning Commission recommendations.
Supervisor Gross moved:
·
Amendment of the Zoning Ordinance,
as it applies to the property which is the subject of Rezoning Application
RZ 2004-MA-025, from the C-6 and I-5 District to the C-6 District, subject
to the proffers dated
·
Modification of the transitional
screening and barrier requirements along the western property boundary.
·
Waiver of the transitional screening
and barrier requirements along the southern property boundary.
·
Modification of Section 2-414 of
the Zoning Ordinance to allow a commercial building within 75 feet of an
interstate highway.
Supervisor Bulova seconded the motion and it
carried by a vote of seven, Supervisor Bulova, Supervisor DuBois, Supervisor
Frey, Supervisor Gross, Supervisor Kauffman, Supervisor Smyth, and Chairman
Connolly voting “AYE,” Supervisor McConnell being out of the room, Supervisor
Hudgins and Supervisor Hyland being absent.
47.
(O) The application property is located on the east side
of Center Road, approximately 250 feet north of its intersection with Cardinal
Brook Court, Tax Map 79-3 ((6)) 41.
Mr. Robert
Williams reaffirmed the validity of the affidavit for the record.
Mr. Williams 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.
On behalf of Supervisor McConnell, Supervisor
Frey moved amendment of the Zoning Ordinance, as it applies to the property
which is the subject of Rezoning Application RZ 2004-SP-001, from the R-1
District to the R-3 District, subject to the proffers dated
ADDITIONAL BOARD MATTER
48. DEFERRAL
OF OUT-OF-TURN-PLAN AMENDMENT S01-CW-15CP PARKS POLICY PLAN (
Supervisor DuBois moved to defer the public
hearing scheduled for
AGENDA ITEMS
49.
(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 February 17 and February 24, 2005.
Cynthia E. Chambers, Senior Assistant to the
Zoning Administrator, Department of Planning and Zoning, presented the staff
report.
Following the public hearing, Supervisor Frey
moved adoption of the proposed amendments to the Code of the
50.
On behalf
of Supervisor Hyland, Supervisor Kauffman moved to defer the public hearing
on Out-of-Turn Plan Amendment S04‑IV-MV3
until
51. 4 P.M.
– PH ON PROPOSED OUT-OF-TURN PLAN AMENDMENT S04‑CW-T1 FOR THE INTERSECTION
OF NORTH AND SOUTH KINGS HIGHWAY AND RICHMOND HIGHWAY, IN THE KINGS CROSSING
AREA, RICHMOND HIGHWAY CORRIDOR (LEE AND MOUNT VERNON DISTRICTS) (4:03 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 February 17 and February 24, 2005.
Jaak Pedak, Senior Transportation Planner, Transportation
Planning and Operations Division, Department of Transportation, presented
the staff and Planning Commission recommendations.
Following the public hearing, which included
testimony by one speaker, discussion ensued with input from Mr. Pedak regarding
the fact that this Plan Amendment would have no impact on the land use of
Penn Daw Mobile Home Park and the question of the availability of State
monies to build the roadway.
Supervisor Kauffman moved approval of Out-of-Turn
Plan Amendment S04‑CW‑T1, as shown in the staff report dated
Supervisor Kauffman submitted an item for the
record.
52. BOARD ADJOURNMENT (
At 4:12 p.m.,
the Board adjourned.