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).
14-05
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 Gerald W.
·
Supervisor Dana Kauffman,
·
Supervisor Linda Q. Smyth, Providence
District
Supervisor Elaine McConnell, Springfield District,
arrived at
Supervisor Catherine M. Hudgins, Hunter Mill District, was absent from
the entire meeting.
Others present during the meeting were Anthony H. Griffin,
1. PRESENTATION
OF COLORS (
In conjunction with “US Army Week” activities, the Colors were presented by the Army Continental
Color Guard, and an element of the Old Guard Fife and Drum Corps performed.
2. PROCLAMATION DESIGNATING
Chairman
Connolly relinquished the Chair to Vice-Chairman Bulova and moved approval
of the Proclamation to designate
Vice-Chairman
Bulova returned the gavel to Chairman Connolly.
3. PROCLAMATION DESIGNATING
Supervisor Hyland moved approval of the Proclamation
to designate
4. CERTIFICATES
OF RECOGNITION PRESENTED TO THE 2005 LORD AND LADY
Supervisor Bulova moved approval of the Certificates of Recognition presented to the 2005 Lord and Lady Fairfax honorees as follows:
Chairman
At-Large
· Ms. Maria Demarest
· Reverend Ronald Winters
Braddock
District
·
Ms. Kathy Ichter
·
Mr. Larry Ichter
Dranesville
District
· Ms. Robin Rentsch
· Mr. Michael Kearney
Hunter Mill
District
· Ms. Ann Rodriguez
· Mr. Ed Tennyson
· Ms. Liz Murphy
· Mr. Edward Batten
· Ms. Alice Snitzer
· Mr. John King
Mount Vernon
District
·
Ms. Louise Cleveland
·
Mr. Tim Sargeant
Providence
District
· Ms. Renata Wade
· Mr. Herb Taylor
Springfield
District
· Ms. Charlene Murphy
· Mr. Philip Rosenthal
Sully District
· Ms. Paula Elsey
· Mr. Gary Flather
Supervisor Hyland seconded the motion and it
carried by a vote of eight, Supervisor McConnell not yet having arrived, Supervisor
Hudgins being absent.
Paul Weinschenk,
Chairman, Celebrate Fairfax Board of Directors, introduced several members
of the Board of Directors, and announced that Exxon/Mobil was the recipient
of the James Scott Community Spirit Award this year and Hope and Dan Danielson
were the recipients of the Volunteer of the Year Award. He presented an overview of the upcoming festivities.
Mr. Weinschenk stated that Celebrate Fairfax is this Friday, Saturday,
and Sunday, June 10, 11, and 12 at the
5. CERTIFICATE
OF RECOGNITION PRESENTED TO CAPITAL ONE
(
Supervisor DuBois moved approval of the Certificate
of Recognition presented to Capital One for its gift of playing fields to
the County. Supervisor Smyth seconded
the motion and it carried by a vote of eight, Supervisor McConnell not yet
having arrived, Supervisor Hudgins being absent.
6. PROCLAMATION DESIGNATING
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and moved approval of the Proclamation to designate
Vice-Chairman
Bulova returned the gavel to Chairman Connolly.
7. CERTIFICATE
OF RECOGNITION PRESENTED TO THE
Supervisor Frey moved approval of the Certificate
of Recognition presented to the Bull Run Elementary School Chess Team for
its accomplishment. Chairman Connolly
and Supervisor Hyland jointly seconded the motion and it carried by a vote
of eight, Supervisor McConnell not yet having arrived, Supervisor Hudgins
being absent.
8. CERTIFICATE
OF RECOGNITION PRESENTED TO THE
Supervisor DuBois moved approval of the Certificate
of Recognition presented to the board of directors of the McLean Little League
on the occasion of the fiftieth anniversary of the organization. Chairman Connolly seconded the motion and it
carried by a vote of eight, Supervisor McConnell not yet having arrived, Supervisor
Hudgins being absent.
9. CERTIFICATE
OF RECOGNITION PRESENTED TO MR. GEORGE SMITH (
Supervisor DuBois moved approval of the Certificate
of Recognition presented to Mr. George Smith for his years of service
to the County. Chairman Connolly seconded
the motion and it carried by a vote of eight, Supervisor McConnell not yet
having arrived, Supervisor Hudgins being absent.
10. CERTIFICATE
OF RECOGNITION PRESENTED TO THE
Supervisor Kauffman moved approval of the Certificate
of Recognition presented to the Springfield Swimming and Racquet Club on the
occasion of its fiftieth anniversary. Chairman Connolly seconded the motion and it
carried by a vote of seven, Supervisor DuBois being out of the room, Supervisor
McConnell not yet having arrived, Supervisor Hudgins being absent.
11. CERTIFICATE
OF RECOGNITION PRESENTED TO MR. ALBERT G. VAN METRE, SR. AND FAMILY (
Supervisor Bulova moved approval of the Certificate
of Recognition presented to Mr. Albert G. Van Metre, Sr. and family for
their contributions to the County and on occasion of the company’s fiftieth
anniversary. Supervisor Hyland seconded
the motion and it carried by a vote of seven, Supervisor DuBois being out
of the room, Supervisor McConnell not yet having arrived, Supervisor Hudgins
being absent.
12. PROCLAMATION DESIGNATING
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and moved moved approval of the Proclamation to designate
Chairman Connolly asked unanimous consent that
the Board direct staff to publicize the upcoming Tim Harmon 5K race. Tim Harmon was a County employee who developed
Hepatitis C and died. In his honor
there is an annual 5K race which will take place this year on
13. PROCLAMATION DESIGNATING JUNE 27–
Chairman Connolly, on behalf of Supervisor Hudgins,
moved approval of the Proclamation to designate June 27–
Dollar Divas of the Girls Advisory Board, Girls’
Financial Literacy Program, will hold the Dolla’ Divas Guide to Money, Money and More Money, “The Reality Store”
on June 29, 2005, beginning at 11 a.m. at the South County Government Center.
Vice-Chairman
Bulova returned the gavel to Chairman Connolly.
14. 10 A.M.
– APPOINTMENTS TO THE
(APPTS)
(BACs)
Chairman Connolly moved the appointment of Ms. Renee Alberts as the At-Large #3 Representative to the Fairfax-Falls Church Community Services Board. Supervisor Hyland seconded the motion, which carried by a vote of eight, Supervisor Frey being out of the room, Supervisor Hudgins being absent.
Supervisor DuBois moved the appointment of Ms. Rosann Ridley as the Dranesville District Representative to the Fairfax-Falls Church Community Services Board. Supervisor Gross seconded the motion, which carried by a vote of eight, Supervisor Frey being out of the room, Supervisor Hudgins being absent.
Supervisor Smyth moved the appointment of Ms. Mary Ann Beall as the Providence District Representative the Fairfax-Falls Church Community Services Board. Supervisor Hyland seconded the motion, which carried by a vote of eight, Supervisor Frey being out of the room, Supervisor Hudgins being absent.
The Board deferred the appointments of the At-Large #4 and Springfield District Representatives to the Fairfax-Falls Church Community Services Board.
TYSONS
CORNER TRANSPORTATION AND URBAN DESIGN STUDY COORDINATING COMMITTEE
Chairman Connolly moved the appointment of Ms. Katherine K. Hanley as the Chairman of the Tysons Corner Transportation and Urban Design Study Coordinating Committee. Supervisor Bulova seconded the motion, which carried by a vote of eight, Supervisor Frey being out of the room, Supervisor Hudgins being absent.
Supervisor Bulova moved the appointment of Ms. Janyce Hedetniemi as the Braddock District Representative to the Tysons Corner Transportation and Urban Design Study Coordinating Committee. Supervisor Hyland seconded the motion, which carried by a vote of eight, Supervisor Frey being out of the room, Supervisor Hudgins being absent.
CONFIRMATIONS:
Supervisor
Bulova moved the confirmation of the following appointments to the Tysons
Corner Transportation and Urban Design Study Coordinating Committee:
·
Mr. Michael J. Lewis
as the
·
Ms. Brenda Krieger
as the
·
Ms. Kohann Whitney
as the
Supervisor Hyland seconded the motion, which carried by a vote of eight, Supervisor Frey being out of the room, Supervisor Hudgins being absent.
Supervisor DuBois moved the appointment of Mr. Stuart Mendelsohn as the Dranesville District Representative to the Tysons Corner Transportation and Urban Design Study Coordinating Committee. Supervisor Bulova seconded the motion, which carried by a vote of nine, Supervisor Hudgins being absent.
Supervisor Kauffman moved the appointment of Mr. J. Douglas Koelemay as the Lee District Representative to the Tysons Corner Transportation and Urban Design Study Coordinating Committee. Supervisor Bulova seconded the motion, which carried by a vote of nine, Supervisor Hudgins being absent.
Supervisor Gross moved the appointment of Mr. William Lecos as the Mason District Representative to the Tysons Corner Transportation and Urban Design Study Coordinating Committee. Supervisor Bulova seconded the motion, which carried by a vote of nine, Supervisor Hudgins being absent.
The Board deferred the appointments of the Hunter
Mill District #4; Mount Vernon, Springfield, and Sully Districts; Tysons Neighborhood
north of Route 123, Tysons Neighborhood south of Route 123, and Tysons Neighborhood
Westwood at Ashgrove; and the TYTRAN #1, TYTRAN #2, and TYTRAN #3 Representatives until
later in the day.
Chairman Connolly noted that the Tysons Neighborhood
north of Route 123 and south of Route 123 were Providence District appointments
and the Tysons Neighborhood Westwood at Ashgrove was a Hunter Mill District
appointment.
(NOTE: Later
in the meeting, the Board took additional action regarding this committee.
See Clerk’s Summary CL#47.)
DS:ds
15. ADMINISTRATIVE
ITEMS (
Supervisor Gross moved approval of the Administrative
Items. Supervisor Bulova seconded the
motion and it carried by a vote of nine, Supervisor Bulova, Supervisor DuBois,
Supervisor Frey, Supervisor Gross, Supervisor Hyland, Supervisor Kauffman,
Supervisor McConnell, Supervisor Smyth, and Chairman Connolly voting “AYE,”
Supervisor Hudgins being absent.
ADMIN
1 – EXTENSION OF REVIEW PERIODS FOR 2232 PUBLIC FACILITY REVIEW APPLICATIONS
(LEE AND SPRINGFIELD DISTRICTS)
Approved an extension of review period for the
following Public Facility (2322) Review Applications:
·
FSA-L98-9-1 to
·
FS-S05-14 to
ADMIN 2 – CONFIRMATION OF COMMUNITY REPRESENTATIVE
TO THE
(APPT) Confirmed the appointment of Dr. Regina Milteer as
a Community Representative to the Fairfax-
ADMIN
3 – ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION APPLICATION
SE 2002-DR-012, BETTY M. MEADOWS (MEADOWS NURSERY) (DRANESVILLE DISTRICT)
(AT) Approved four months of additional time to commence
construction for Special Exception Application SE 2002-DR-012 to
ADMIN 4 – AUTHORIZATION TO ADVERTISE A
PUBLIC HEARING ON A PROPOSAL TO ABANDON
(A) Authorized the advertisement of a public hearing to
be held before the Board on
ADMIN 5 – SUPPLEMENTAL APPROPRIATION RESOLUTION
(SAR) AS 05106 FOR THE FIRE AND RESCUE DEPARTMENT (FRD) TO ACCEPT AN AWARD
FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR GRANT FUNDS TO CONTINUE
PARTICIPATION IN THE NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM
(SAR) Approved SAR AS 05106 in the amount of $900,000 for the
FRD to accept an assistance agreement and grant funds from FEMA for the development,
administration, and maintenance of an approved National Urban Search and Rescue
Response System. No local cash match
is required.
ADMIN 6 – AUTHORIZATION FOR THE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT (HCD) AND THE FAIRFAX-FALLS CHURCH COMMUNITY
SERVICES BOARD (CSB) TO APPLY FOR AND ACCEPT FUNDING FROM THE US DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD) THROUGH THE CONTINUUM OF CARE HOMELESS
ASSISTANCE PROGRAM, AND AUTHORIZATION FOR MULTIPLE CONSOLIDATED PLAN CERTIFICATIONS
·
Authorized HCD, in partnership with
Pathway Homes, to apply and accept funding, if awarded, for one new Shelter
Plus Care grant for $250,800. No local cash match is required.
·
Authorized HCD, in partnership with
Pathway Homes, to apply and accept funding, if awarded, for six renewal Shelter
Plus Care grants totaling $701,628. No local cash match is required.
·
Authorized CSB to apply and accept
renewal funding, if awarded, for $305,670, including match, for an existing
transitional housing and treatment program for homeless single individuals.
Of this total, $253,332 is HUD funding and the remaining $52,338 is
the required local cash match.
·
Endorsed 21 renewal grant applications
totaling $3,312,875 including all matching funds, by nonprofit organizations
through the Continuum of Care Homeless Assistance Program, and authorized
by the McKinney-Vento Act. Of this total, $2,345,268 is HUD funding, $445,136
is State pass-through funds, and $676,056 is private match. No local cash match is required for these applications;
however, five applications by Christian Relief Services for a total of $644,245
in HUD funds, four applications by Pathway Homes, Incorporated, for a total
of $157,788 in HUD funds, and one application by PRS, Incorporation for a
total of $168,450 in HUD funds, required a combined cash match of $445,136
for a one-year period. This match will
be supported with State pass-through funds to the CSB.
The remaining 11 nonprofit applications totaling $1,374,785 in HUD
funds require no local cash match; however, a private match of $622,471 is
included and committed by the applicants to support these applications.
·
Authorized DFS to apply and accept
funding, if awarded, for three renewal grants. These grants and their required local cash match
were anticipated as part of the Fiscal Year 2006 budget in Fund 102, Federal/State
Grant Fund. This funding includes the
following:
·
$560,856, including $67,000 in local
cash match and $53,585 in private funds, for the RISE Supportive Housing Grant.
·
$464,638, including $220,936 in local
cash match for the Community Housing and Resource Program – Award One.
·
$858,552, including $433,837 in local
cash match, for the Community Housing Resource Program – Award Three.
·
Authorized the
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
ADMIN 8 – AUTHORIZATION TO ADVERTISE A PUBLIC
HEARING ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER
3, (COUNTY EMPLOYEES), ARTICLES 2 AND 3, REGARDING INCLUSION OF PUBLIC SAFETY
COMMUNICATIONS CENTER POSITIONS IN THE UNIFORMED RETIREMENT SYSTEM
(A) Authorized the advertisement of a public hearing to
be held before the Board on
16. A-1 – AUTHORIZATION TO REALLOCATE HOME INVESTMENT
PARTNERSHIPS PROGRAM FUNDS TO THE GLENWOOD MEWS MAGNET HOUSING PROJECT (
On motion of Supervisor Kauffman, seconded by
Supervisor McConnell, and carried by a vote of nine, Supervisor Hudgins being
absent, the Board concurred in the recommendation of staff and authorized
the reallocation of $1 million from Fund 145, HOME Investment Partnership
Grant, Project 013974, Home Development Cost to Project 013966, Telegraph
Road Project (Glenwood Mews) to be used for predevelopment and construction
costs.
17. A-2 – AUTHORIZATION TO REALLOCATE AND AUTHORIZE
DISBURSEMENT OF TIER ONE PREDEVELOPMENT FUNDS AND TIER TWO PREDEVELOPMENT
FUNDS FROM THE AFFORDABLE HOUSING PARTNERSHIP PROGRAM FUND OF THE HOUSING
TRUST FUND AS A LOAN TO AHC, INCORPORATED FOR THE PROPOSED ACQUISITION OF
98 UNITS AT THE HOLLYBROOKE II APARTMENTS (MASON DISTRICT) (10:54 a.m.)
On motion of Supervisor Gross, seconded by Chairman
Connolly, and carried by a vote of nine, Supervisor Hudgins being absent,
the Board concurred in the
recommendation of staff and authorized reallocation of funds in the amount
of up
to:
·
$40,000 from the Affordable Housing
Partnership Program within Fund 144, Housing Trust Fund, from Project 014013,
Tier One Predevelopment Project to Project 014232, Hollybrooke II Apartments.
·
$35,000 from the Affordable Housing
Partnership Program within Fund 144, Housing Trust Fund, from Project 014042,
Tier Two Predevelopment Project to Project 014232, Hollybrooke II Apartments.
18. A-3 – FAIRFAX COUNTY’S COMMENTS REGARDING THE
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY’S (WMATA) PROPOSED FISCAL YEAR
(FY) 2006 OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM (CIP) (10:54 a.m.)
Supervisor Kauffman moved that the Board concur
in the recommendation of staff and:
·
Endorse the comments outlined in the
Board Agenda Item dated
·
Direct staff to transmit the comments
to WMATA.
Supervisor Hyland seconded the motion.
Supervisor Kauffman distributed to Board Members
a draft “Dear Fellow Rider” letter, which he, as Chairman of the WMATA Board
of Directors, and Richard A. White, Metro General Manager and Chief Executive
Officer, will be signing and sending to customers Tuesday evening, inviting
them to dial in to an online chat with him and Mr. White to voice any questions
and concerns.
Discussion ensued regarding the draft letter
and the formation of a Rider’s Advisory Council.
Supervisor Smyth announced that the Providence
District will be having its third annual Land Use Seminar, the topic of which
is Transportation Planning, on Tuesday, June 7. Therefore, Supervisor Smyth asked Supervisor
Kauffman to provide her with copies of the letter to distribute to seminar
participants.
Following additional discussion, regarding Metro,
the question was called on the motion and it carried by a vote of nine, Supervisor
Hudgins being absent.
(NOTE: Later
in the meeting Supervisor Smyth announced the Providence District Land Use
Seminar. See Clerk’s Summary Item CL#45.)
19. A-4 – APPROVAL OF THE ALLOCATION OF TAXICAB
CERTIFICATES TO BE AUTHORIZED IN 2005
(
Supervisor Bulova moved that the Board concur
in the recommendation of staff and approve the awarding of 51 additional taxicab
certificates, distributed as follows:
·
Murphy Brothers, Incorporated – 12 certificates
·
Fairfax Taxi, Incorporated – 11 certificates
·
Paul Wallace Management, Incorporated – 14 certificates
·
L&Z Transportation, Incorporated – 14 certificates
Supervisor Hyland seconded the motion.
Supervisor Bulova said that at a recent town
meeting, at Little River Glen Senior Center, citizens voiced complaints because
some of the cab companies were not picking them up and/or honoring the Seniors-on-the-Go
taxicab vouchers. Therefore, Supervisor
Bulova asked unanimous consent that the Board direct staff to, when reviewing
the criteria, require cab companies to make a commitment to honor the Seniors-on-the-Go
Taxicab Voucher Program. Without objection, it was so ordered.
Discussion ensued, with input from Gail Eskew,
Director, Department of Cable Communications and Consumer Protection (DCCCP)
and Dave Reidenbach, Director, Consumer Protection Division, DCCCP, regarding
the criteria used to consider giving additional taxicab certificates, the
Seniors-on-the Go Taxicab Voucher Program, and the number of handicap accessible
taxicabs.
Additional discussion ensued, with input from
Ms. Eskew; Renee Faulkner, Assistant County Attorney; and Young Ho Chang,
Director, Department of Transportation, regarding taxicab companies’ denial
of service to senior citizens.
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and asked unanimous consent that the Board direct staff
to report with information regarding:
·
The issue of the number of handicap
accessible taxicabs.
·
The Seniors-on-the-Go Program and
any efforts to ensure the effectiveness of the program.
·
Ordinance amendments to determine
if penalties can be imposed if companies abuse the system.
Following discussion, with input from Anthony
H. Griffin,
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
The question was called on the motion and it
carried by a vote of nine, Supervisor Hudgins being absent.
Supervisor Bulova moved that the Board direct
staff to report with:
·
Language that would increase the floor
for handicap accessible taxi cabs.
·
Recommendations for changes to the
Code or
·
Language to add to the criteria that
is considered when taxicab vouchers are given and the policy for companies
who provide service for seniors, especially the Seniors-on-the-Go Program.
Chairman Connolly seconded the motion and it
carried by a vote of nine, Supervisor Hudgins being absent.
20. A-5 –
2005 SCHOOL BOND REFERENDUM (
(BONDS) Discussion ensued with input from Leonard P. Wales, County Debt
Manager, Department of Management and Budget, and Dean Tistadt, Assistant
Superintendent,
Supervisor Hyland moved that the Board concur
in the recommendation of staff and adopt the Resolution requesting the Circuit
Court to order a special election on
Following discussion regarding the Base Realignment
and Closure Commission’s (BRAC) proposal
for
Discussion ensued, with input from Mr. Wales,
regarding the proposed amendment, and whether $2 million of the $244,326,000
could be earmarked for that purpose.
Additional discussion ensued, with input from
Erin C. Ward, Assistant County Attorney, regarding seeking concurrence of
this item from the School Board.
Additional discussion ensued, with input from
Anthony H. Griffin,
Following discussion, with input from Mr. Tistadt
and Ms. Ward, regarding the site acquisition funds and the BRAC proposal,
Supervisor Frey asked unanimous consent that the Board direct staff to provide
information regarding the impact of the BRAC proposal on the school system.
Without objection, it was so ordered.
Following additional discussion, with input
from Mr. Wales, Supervisor Hyland amended his motion to defer action on this
item until the next Board meeting on
The question was called on the motion, as amended
(to defer action), and it carried by a vote of nine, Supervisor Hudgins being
absent.
21. A-6 – APPROVAL OF CERTAIN DOCUMENTS PREPEARED
IN CONNECTION WITH LEASE FINANCING OF THE HERNDON SENIOR CENTER BY FAIRFAX
COUNTY, VIRGINIA, THROUGH THE REDEVELOPMENT AND HOUSING AUTHORITY AND AUTHORIZATION
TO ENTER INTO A FACILITY LEASE AGREEMENT (DRANESVILLE DISTRICT) (
(R) On motion of Supervisor DuBois, seconded by Chairman
Connolly, and carried by a vote of nine, Supervisor Bulova, Supervisor DuBois,
Supervisor Frey, Supervisor Gross, Supervisor Hyland, Supervisor Kauffman,
Supervisor McConnell, Supervisor Smyth, and Chairman Connolly voting “AYE,”
Supervisor Hudgins being absent, the Board concurred in the recommendation
of staff and adopted the Resolution authorizing executing a facility lease
agreement.
22. A-7 –
Supervisor Bulova moved that the Board concur
in the recommendation of staff and approve a final agreement between the County
and the City of
Following discussion, with input from Leonard
P. Wales, County Debt Manager, Department of Management and Budget, regarding
outstanding issues, the question was called on the motion and it carried by
a vote of nine, Supervisor Hudgins being absent.
23. C-1 – BOARD
DECISION ONLY ON AN APPEAL BY BATAL CORBIN, LLC, OF A PROFFER INTERPRETATION
FOR REZONING APPLICATION RZ 1999-PR-035 (PROVIDENCE DISTRICT) (
Supervisor Smyth moved to defer decision on
an appeal by Batal Corbin, LLC of a proffer interpretation for Rezoning Application
RZ 1999-PR-035 until
24. I-1 – RETIREMENT SYSTEMS COST-OF-LIVING INCREASES
FOR 2005 (
The Board next
considered an item contained in the Board Agenda dated
Following discussion,
with input from Laurnz A. Swartz, Executive Director to the Retirement Boards,
staff was directed administratively to proceed as proposed.
25. I-2 –
AIR QUALITY OUTREACH (
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.
26. I-3 –
CONTRACT AWARD FOR GENERAL CIVIL ENGINEERING DESIGN SERVICES (
The Board next
considered an item contained in the Board Agenda dated
The staff was directed administratively to proceed
as proposed.
27. I-4 – AMERICAN PUBLIC WORKS ASSOCIATON (APWA)
PROJECT OF THE YEAR AWARD FOR CHAIN BRIDGE SEWER AND WATER MAIN REPLACEMENT
(
The Board next
considered an item contained in the Board Agenda dated
28. ORDERS OF THE DAY (
Chairman Connolly announced that Board Matters
would be heard later in the meeting and closed session would be held at the
end of the meeting because of his schedule, and because David P. Bobzien,
(NOTE: Later
in the meeting, Chairman Connolly reported on his acceptance of an award during
the recess. See Clerk’s Summary Item
CL#31.)
BOARD MATTER
29. INTENT
TO DEFER/WITHDRAW (LEE AND SPRINGFIELD DISTRICTS) (
Supervisor Kauffman announced his intent to
accept, later in the meeting, at the appropriate time, the withdrawal of Special
Exception Applications SE 2003‑LE‑028, SE 2003-LE-029, and
SE 2003-LE-031.
Supervisor McConnell announced her intent to
indefinitely defer the public hearing on Rezoning Application RZ 2004-SP-027.
(NOTE: Later
in the meeting, the Board formally accepted the withdrawal of Special Exception
Applications SE 2003-LE-028, SE 2003-LE-029, and SE 2003‑LE-031. See Clerk’s Summary Item CL#59.)
30. BOARD RECESS (
Chairman Connolly announced that the Board would
be in recess until
ADDITIONAL BOARD MATTERS
NV:nv
At
31. HAND AWARD (
Chairman Connolly
announced that during the recess he had traveled to
32. YOUNG DRIVERS
SUMMIT (
Chairman Connolly
expressed his appreciation to Board Members for their participation in the
Young Drivers Summit held on June 3 at the
Discussion ensued with input from Mr. Griffin regarding the summit.
33. INVOLUNTARY
TOWING OF VEHICLES (
Chairman Connolly said that Senate Joint Resolution
330 established a joint subcommittee to study the potential State regulation
of the vehicle towing and recovery industry. The subcommittee is chaired by Senator Jay O’Brien
who asked the County to make a presentation
at a meeting or public hearing to be held in the
Chairman Connolly said that the issue of involuntary
towing has been of concern to the Board as well, and information is being
assembled for presentation to the subcommittee on the problems experienced
by County consumers whose vehicles have been towed without their consent.
In addition, he recommended that the County convey the following positions
to the subcommittee:
1.
Preserve the broad authority currently in State
law permitting local regulation of involuntary vehicle towing.
2.
Do not diminish the current ability of local
law enforcement officials to negotiate with towing companies the terms of
contracts for police-requested towing services.
3.
Support requiring towing companies to accept
reasonable forms of payment for vehicle
towing and storage charges for involuntary towing from private property.
4. At
the federal level, support House Resolution HR 1173 introduced by Congressman
Jim Moran. This legislation would restore
to states and local governments the broad regulatory authority over involuntary
towing which was partially preempted by a 1994 amendment to the Federal Aviation
Administration Authority Act. He noted
that Congressman Moran also is pursuing related language on towing in the
federal transportation reauthorization legislation.
Therefore, Chairman Connolly moved that the
Board:
·
Authorize staff to prepare a presentation,
as previously outlined, for the June 21 joint subcommittee meeting.
·
Endorse HR 1173 introduced by Congressman
Moran to restore to states and local governments broad regulatory authority
over involuntary towing.
·
Direct legislative staff to continue
to monitor the progress of the State study as it unfolds.
Vice-Chairman Bulova seconded the motion and relinquished the Chair to Acting-Chairman Kauffman and asked to amend the motion to add the words “in addition to cash” following “reasonable forms of payment,” as outlined in number three and this was accepted.
Acting-Chairman Kauffman returned the gavel to Vice-Chairman Bulova.
The question was called on the motion, as amended, which carried by a vote of eight, Supervisor McConnell being out of the room, Supervisor Hudgins being absent.
34. TESTIMONY BEFORE THE SENATE FINANCE TRANSPORTATION
SUBCOMMITTEE (
Chairman Connolly
said that on
Chairman Connolly said that Senator Charles
Hawkins, chairman of the Senate Finance Transportation Subcommittee, will
coordinate the effort. On June 20,
that subcommittee will meet at
Chairman Connolly announced his plans to attend
the Senate Finance Transportation Subcommittee’s meeting scheduled for June
20 in Northern Virginia and moved that the Board authorize him to testify
on behalf of the Board regarding the County’s experiences and techniques for
managing the transportation challenges and land use planning and to identify
ways that the State could be of assistance in that effort. Supervisor Hyland seconded the motion.
Following discussion, Supervisor Kauffman asked
to amend the motion to include comments regarding the reliance on real property
taxes and the issue of the proffer system and the necessity for additional
flexibility to match public facilities to the pace of development, and this
was accepted.
Chairman Connolly invited Board Members to share
additional thoughts or comments on this subject by emailing him or Susan Mittereder,
Legislative Liaison.
Supervisor Smyth asked to amend the motion to
include the issue of adequate public facilities, and this was accepted.
The question was called on the motion, as amended,
which carried by a vote of eight, Supervisor McConnell being out of the room,
Supervisor Hudgins being absent.
35. JOINT LETTER ON POTENTIAL PRORATION OF STATE BASIC
AID TO SCHOOL DIVISIONS (
Chairman Connolly
said that he learned that State basic
aid to school divisions may be prorated and this will have a negative impact
on the County, the loss of approximately $750,000.
Chairman Connolly said that staff prepared for
his signature a joint letter with the Chairman of the School Board to the
State delegation expressing concern at this potential cut and encouraging
the County’s representatives to work with the Governor to redress this underfunding
of basic aid. He distributed copies
of the draft letter.
Therefore, Chairman Connolly moved that the
Board endorse the joint County/School Board letter for immediate distribution
to the State legislative delegation. Vice-Chairman
Bulova seconded the motion, which carried by a vote of eight, Supervisor McConnell
being out of the room, Supervisor Hudgins being absent.
36. DOMESTIC VIOLENCE
(
Chairman Connolly
noted that the Board is concerned about domestic violence. On
Chairman Connolly
said that the federal Violence Against Women Act (VAWA), originally enacted
by Congress in 1994, provided millions of dollars in funding to support myriad
services and programs, such as the national 24-hour domestic violence hotline,
emergency shelters, and many others. In 2000, Congress expanded and reauthorized VAWA
for five additional years. Because
VAWA will expire on
Chairman Connolly
asked unanimous consent that the Board add VAWA to its federal legislative
agenda.
Following discussion,
Supervisor Gross asked to amend the request to also include a request for
services for victims with English language deficiencies, and this was accepted.
Without objection,
the request, as amended, was so ordered.
37. REQUEST FOR DEFENSE BASE REALIGNMENT AND CLOSURE
COMMISSION (BRAC) HEARING IN
(NOTE: Earlier in the meeting, the Board discussed some implications from BRAC. See Clerk’s Summary Item CL#20.)
Chairman Connolly
noted that BRAC is holding its meeting for the region in
38. DANGEROUS DOG
WEB PAGE (
Chairman Connolly said that on
A brief discussion ensued regarding the list.
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
39. NO BOARD MATTERS FOR MOUNT VERNON DISTRICT
SUPERVISOR GERALD W. HYLAND (
Supervisor Hyland announced that he had no Board Matters to present today.
40. CAPPIES (
Supervisor DuBois announced that she and Chairman
Connolly had the pleasure of attending the Cappies, the high school theater
awards show held at the
41. TECHNOLOGY
AND THE ARTS (
Supervisor DuBois announced that she and Chairman Connolly attended the first annual Council for the Arts of Herndon Technology and the Arts competition. She said that computer and digitally created artwork by local high school students were shown and awards were given. She circulated some artwork to the Board.
A brief discussion ensued.
42. REAL ESTATE TAX ASSESSMENT REVIEW AND NOTIFICTION
DEADLINE (
Supervisor Smyth noted that she is aware that this year's real estate
assessment period has placed an enormous burden on staff members of the Real
Estate Division (RED) of the Department of Tax Administration (DTA) and she
said that she appreciated all their hard work.
However, several
Supervisor Smyth noted that according to a letter
sent out by RED, property owners would have to submit their appeals to DTA
by
Supervisor Smyth added that the second critical
challenge was that residents were not furnished with complete information
on which RED based its decisions on appeals cases. This incomplete information
also reflects the lack of coordinated research with other County agencies.
Therefore, Supervisor Smyth moved
that the Board direct the
43. AN OLD GLORY*OUS CELEBRATION FOR FLAG
DAY (
Supervisor Smyth said that the
Therefore, Supervisor Smyth, jointly with Chairman Connolly, Supervisor
DuBois, Supervisor Hudgins, and Supervisor Kauffman, asked unanimous consent
that the Board show unanimous support for this event by proclaiming June 14,
2005, as "Tysons Corner Center Old Glory*Ous Flag Day Celebration Day"
and direct staff to prepare a proclamation to be read at the event. Without objection, it was so ordered.
44.
Supervisor Smyth announced that Nottaway Nights held its first concert of the season on Thursday, June 2.
45.
NOTE: Earlier in the meeting, Supervisor Smyth mentioned this seminar. See Clerk’s Summary Item CL#18.)
Supervisor Smyth announced that she was holding her third land use seminar on Tuesday evening, June 7. The subject is transportation planning.
46.
Supervisor Smyth
announced that her office will hold its groundbreaking ceremony for its rain
garden on June 21 at
47. ADDITIONAL ACTION REGARDING APPOINTMENTS TO THE
TYSONS CORNER TRANSPORTATION AND URBAN DESIGN STUDY COORDINATING COMMITTEE
(
(BACs) (NOTE: Earlier
in the meeting, the Board deferred some appointments to the Tysons Corner Transportation and Urban Design
Study Coordinating Committee. See Clerk’s
Summary Item CL#14.)
Chairman Connolly noted that the Board deferred
some appointments to the Tysons Corner Transportation and Urban Design Study
Coordinating Committee because the Board was still awaiting word from various
sources. He asked Supervisor Smyth
to contact the appropriate parties to make a determination.
Supervisor DuBois raised the issue of the addition
of representatives from the Reston and Herndon Chambers of Commerce, but Chairman
Connolly said that the Board would defer that action until June 20.
DMB:dmb
48. REDEDICATION CEREMONIES AND CELEBRATION OF THE
Supervisor Gross
announced the opening program, on
49. REQUEST FOR RECOGNITION OF
AND
REQUEST FOR RECOGNITION OF CHEF CHRISTINE GLONINGER, RECIPIENT OF ANNANDALE HIGH SCHOOL’S FAMILY AND CONSUMER SCIENCES TEACHER OF THE YEAR AWARD (BRADDOCK DISTRICT) (3:07 p.m.)
Supervisor Bulova
said that a unique partnership between the restaurant and hospitality industry,
the school system, the County, and the community has enabled the construction
of
·
The Restaurant Association of Metropolitan
· Cini-Little
· Gill Group, Incorporated
·
·
· Guest Services, Incorporated
· A. J. Dwoskin Associates
· Landsdowne Resort
· Optimum Hospitality Services
·
· Virginia Delegate James Dillard
· School Board Member Tessie Wilson
·
Staff from the
·
Staff and the Parent, Teacher, and Student Association of
Supervisor Bulova
said that the students of the Culinary Arts Program, under the direction of
Chef Christine Gloninger, represent the diversity of
Recently Chef Gloninger, Chairman of the Department of Family and Consumer Science Program, was awarded the Fairfax County Family and Consumer Sciences Education Association Teacher of the Year Award for 2004‑2005. Although the challenges Chef Gloninger faced during the renovation process were tremendous, she continued to teach her students and prepare them for their future professional endeavors.
Therefore, Supervisor Bulova asked unanimous consent that the Board direct staff to invite the following individuals to appear before the Board to be thanked and recognized for their impressive achievements:
· Chef Christine Gloninger
· Restaurant Association Representative Frans Hagen
· Acting Principal George Keim
· Braddock District School Board member Tessie Wilson
Without objection, it was so ordered.
PMH:pmh
50. PUBLIC HEARINGS
WITHDRAWN (
Supervisor Kauffman announced that the following Special Exception applications had been withdrawn:
· SE 2003-LE-028
· SE 2003-LE-029
· SE 2003-LE-031
(NOTE: Later in the meeting, the Board formally accepted these withdrawals. See Clerk’s Summary Item CL#59.)
51. GANG ACTIVITY
(
Supervisor Kauffman
said that in March of this year, his office received a written complaint about
overcrowding, suspicious car activity, and other unusual activity at
Supervisor Kauffman
referred to the disturbing story in last Friday’s Washington Post about MS-13 gang activity by one or more residents
at
· Signs of trouble that were missed by the police and the DPZ.
· That this adds a new dimension to the overcrowding and multi‑family issue.
· The possibility that these properties could be hiding gang members and gang activities under the County’s nose.
· The possible risk to the inspectors and police who are sent to inspect the properties.
Supervisor Kauffman noted that there needs to be more direct communication between the police and inspections staff. Inspectors should be trained to recognize red flags that point to potential gang concerns. He added that County resources committed to Strengthening Neighborhoods, Building Communities must be reviewed to ensure that those resources are focused on the issues affecting neighborhoods.
Supervisor Kauffman asked unanimous consent that the Board direct staff to prepare language for the 2006 Legislative Program that would make brandishing a machete a violation in the same way that brandishing a firearm is now a violation.
Without objection, it was so ordered.
Supervisor Kauffman
asked unanimous consent that the Board direct the
· Examine these issues including the use of machetes as an instrument of terror.
· Recommend legislation on specific penalties to deter their use.
· Work with the County law enforcement to determine the necessary tools.
Without objection, it was so ordered.
A brief discussion
continued with input from Anthony H. Griffin,
52.
Supervisor Frey
announced that Site Selection Magazine
named the EDA as one of the top ten economic development
organizations across
Following discussion,
with input from Anthony H. Griffin,
53. POWER OUTAGE (
Chairman Connolly announced that although the building was experiencing a power outage, the Board meeting was still being cablecast and the public was able to hear the Board meeting.
54. GREATER
On behalf of Supervisor Hudgins,
Chairman Connolly said that GRACE,
a non‑profit, tax exempt, arts organization, has presented a proposed
agreement to the County in which GRACE would exhibit County art and artifacts
in an 800 square-foot space in the new Reston Arts and
Therefore, on behalf of Supervisor Hudgins, Chairman Connolly relinquished
the Chair to Vice-Chairman Bulova and moved that the Board reject the offer
from Grace for an 800 square-foot space for $36,000 per year and direct the
County Executive to sign the proposed agreement providing for an annual exhibit
for 30 days a year of County art and artifacts for the next 20 years
in exchange for a one-time $50,000 contribution from the County. Supervisor DuBois seconded the motion and it
carried by a vote of eight, Supervisor McConnell being out of the room, Supervisor
Hudgins being absent.
55. NO BOARD MATTERS FOR SPRINGFIELD DISTRICT SUPERVISOR
ELAINE McCONNELL (
On behalf of Supervisor McConnell, Chairman Connolly announced that she had no Board Matters to present today.
Vice-Chairman Bulova returned the gavel to Chairman Connolly.
AGENDA ITEMS
DET:det
56.
(NOTE: On
The application property is located at
Mr. Jeffrey A. Nein reaffirmed the validity
of the affidavit for the record.
Mr. Nein 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, Regina Murray,
Branch Chief, Zoning Evaluation Division, Department of Planning and Zoning,
presented the staff and Planning Commission recommendations.
Supervisor Kauffman moved:
·
Approval of
·
Modification of the
·
Waiver of the Comprehensive Plan requirement
for frontage improvements and dedication of right-of-way along
Supervisor Bulova seconded the motion and it
carried by a vote of eight, Supervisor McConnell being out of the room, Supervisor
Hudgins being absent.
57.
(NOTE: On
The application property is located in the southeast
quadrant of the intersection of
Ms. Inda E. Stagg reaffirmed the validity of
the affidavit for the record.
Chairman Connolly disclosed the following campaign
contribution which he had received:
·
In excess of $200 from Burgess and
Niple, Incorporated
Supervisor Frey disclosed the following campaign
contribution which he had received:
·
In excess of $200 from Burgess and
Niple, Incorporated
Ms. Stagg had filed the necessary notices showing
that at least 25 adjacent and/or interested parties had been notified of the
date and hour of this public hearing and she proceeded to present her case.
Following the public hearing, Regina Murray,
Branch Chief, Zoning Evaluation Division, Department of Planning and Zoning,
presented the staff and Planning Commission recommendations.
Supervisor Smyth noted that in the proffers,
the developer had agreed to contribute $1500 for the provision of County park
improvements in the vicinity of the application property, prior to bond release.
At the request of Supervisor Smyth, Ms. Stagg agreed to release that
amount earlier.
Supervisor Smyth moved:
·
Approval of Proffered Condition Amendment
Application PCA 88-P-052, subject to the executed proffers dated
·
Modification of the transitional screening
requirement along the northern property line to that shown on the Generalized
Development Plan.
Supervisor DuBois seconded the motion and it
carried by a vote of eight, Supervisor McConnell being out of the room, Supervisor
Hudgins being absent.
58. 3 P.M.
– BOARD DECISION ON SPECIAL EXCEPTION APPLICATION SE 2004-HM-036 (
Chairman Connolly relinquished the Chair to
Vice-Chairman Bulova and moved, on behalf of Supervisor Hudgins, to defer
decision on Special Exception Application SE 2004-HM-036 until
Vice-Chairman Bulova returned the gavel to Chairman
Connolly.
59. 3 P.M.
– PH ON SPECIAL EXCEPTION APPLICATION SE 2003-LE-028 (SILVIO DIANA)
AND
PH
ON SPECIAL EXCEPTION APPLICATION SE 2003-LE-029 (SILVIO DIANA)
AND
PH
ON SPECIAL EXCEPTION APPLICATION SE 2003-LE-031 (SILVIO DIANA) (
(NOTE: On
Following discussion, with input from Barbara
Byron, Director, Zoning Evaluation Division, Department of Planning and Zoning,
Supervisor Kauffman moved to accept the withdrawal of Special Exception Applications SE 2003‑LE‑028,
SE 2003-LE-029, and SE 2003-LE-031. Supervisor
Bulova seconded the motion and it carried by a vote of eight, Supervisor McConnell
being out of the room, Supervisor Hudgins being absent.
60.
The application property is located on the west
side of Lukens Lane and approximately 50 feet north of the intersection of
Lukens Lane and Old Mill Road, Tax Map 110-1 ((1)) 40, 41, and 42.
Mr. Robert C. Fields, Jr. and Mr. James D. Turner
reaffirmed the validity of the affidavit for the record.
Supervisor Hyland disclosed:
·
A campaign contribution in excess of $200 from
James D. Turner
Mr. Paul A. Wilder had filed the necessary notices
showing that at least 25 adjacent and/or interested parties had been notified
of the date and hour of this public hearing and he proceeded to present his
case.
Following the public hearing, which included
testimony by four speakers, Peter Braham, Senior Staff Coordinator, Zoning
Evaluation Division (ZED), Department of Planning and Zoning (DPZ), presented
the staff and Planning Commission recommendations.
Discussion ensued with input from Regina Murray,
Branch Chief, ZED, DPZ; Mr. Braham; and Barbara
Byron, Director, ZED, DPZ, concerning a zoning ordinance
change, changes in State law affecting cluster development, and cluster “by
right.”
Following input from David P. Bobzien,
Supervisor Hyland submitted items for the record.
ADDITIONAL BOARD MATTER
61. RECOGNITION
OF JAMES ANDEREGG, OF BOY SCOUT TROOP 1107, AND
HIS FATHER (
Supervisor Kauffman recognized the presence
of James Anderegg, a Boy Scout from Troop 1107, that meets at Saint John’s
Lutheran Church in Alexandria, and his father, Tony, and warmly welcomed them
to the Board meeting.
AGENDA ITEMS
62.
(NOTE: Earlier
in the meeting, Supervisor McConnell announced her intent to defer the public
hearing on Rezoning Application RZ 2004-SP-027 indefinitely.
See Clerk’s Summary Item CL#29.)
63.
(O) The application property is located on the east side
of Old Telegraph Road, approximately 800 feet north of its intersection with
Telegraph Road, Tax Map 100-1 ((9)) 3, 4, and 100-2 ((1)) 1.
Mr. Robert A. Lawrence reaffirmed the validity
of the affidavit for the record.
Supervisor Hyland disclosed the following campaign
contribution which he had received:
·
In excess of $200 from Jerry A. Hinn,
Hayfield Animal Clinic, LTD
Mr. Lawrence had filed the necessary notices
showing that at least 25 adjacent and/or interested parties had been notified
of the date and hour of this public hearing and he proceeded to present his
case.
Following the public hearing, Cathy Belgin,
Senior Staff Coordinator, Zoning Evaluation Division, Department of Planning
and Zoning, presented the staff and Planning Commission recommendations.
Supervisor Kauffman moved:
·
Amendment of the Zoning Ordinance,
as it applies to the property which is the subject of Rezoning Application
RZ 2003-LE-055, from the R-1 and C-5 Districts to the R-3 and C-5 Districts,
subject to the proffers dated
·
Waiver of the minimum lot width requirement
along
·
Modification of the transitional screening
requirement along the western boundary of the C-5 portion of the property
and the
Supervisor DuBois seconded the motion and it
carried by a vote of six, Supervisor Bulova, Supervisor DuBois, Supervisor
Gross, Supervisor Kauffman, Supervisor Smyth, and Chairman Connolly voting
“AYE,” Supervisor Frey, Supervisor Hyland, and Supervisor McConnell being
out of the room, Supervisor Hudgins being absent.
64.
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 May 19 and May 26, 2005.
Christina M. Sadar, Blight Abatement Program
Coordinator, Department of Housing and Community Development, presented the
staff report.
Following the testimony of one speaker, there
was a complete power outage. After
consultation with David P. Bobzien,
65. 4 P.M. – PH REGARDING THE LEASING OF A PORTION
OF COUNTY-OWNED PROPERTY AT THE INTERSECTION OF THE FAIRFAX COUNTY PARKWAY
AND BARON CAMERON AVENUE, RESTON, VIRGINIA, TO OMNIPOINT COMMUNICATIONS CAP
OPERATIONS, LLC (DOING BUSINESS AS “T-MOBILE”) (HUNTER MILL DISTRICT)
Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and moved to defer the public hearing regarding the leasing of a portion of County-owned property at the intersection of the Fairfax County Parkway and Baron Cameron Avenue, Reston, Virginia, to Omnipoint Communications CAP Operations LLC until June 20, 2005, at 4 p.m. Vice-Chairman Bulova seconded the motion and it carried by a vote of eight, Supervisor McConnell being out of the room, Supervisor Hudgins being absent.
Vice-Chairman
Bulova returned the gavel to Chairman Connolly.
66.
Supervisor Gross moved to defer the public hearing
on proposed policy plan amendment S01-CW-15CP until
67. ORDERS OF THE DAY (
Upon restoration of power, Chairman Connolly
announced that the Board had deferred action on the previous three public
hearings and that the Board would recess and immediately go into closed session.
Upon completion of closed session, Board Members would proceed to the
Lord and Lady Fairfax reception and then return to complete business.
68. 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.
Lincoln National Life Insurance Co.
and
2.
William E. Shoup,
3. William
E. Shoup,
4. William
E. Shoup,
5. Jimmie
D. Jenkins, Director, Fairfax County Department of Public Works and Environmental
Services, and William E. Shoup, Fairfax County Zoning Administrator v. Courtney
L. Scott, Judith L. Scott, Courtney L. Scott, Jr., and Pernilla Scott, In
Chancery No. CH-2003-0186971 (
6. William
E. Shoup,
7. William
E. Shoup,
8. Oakcrest
Properties, LLC v. Board of Supervisors of
9. William
E. Shoup,
10. William
E. Shoup,
11. William
E. Shoup, Fairfax County Zoning Administrator v. Jaime A. Sanchez, Felicya
M. Aulia, and Noor M. Aulia, In Chancery No. CH-2004-0192476 (
12.
Board of Supervisors v. Hunter Development
Company of Fairfax, Inc., At Law No. CL-2004-0225289 (
And in addition:
·
Washington Mutual Bank, FA, et al. versus Costello P. Wilson,
III, et al., In Chancery Number 2005-0001858.
·
Claims relating to flooding at
·
Proposed Zoning Ordinance amendments relating to
interstate highways and the
·
Virginia Code Section
15.2-2308(A).
Supervisor Bulova seconded the motion and it
carried by a vote of seven, Supervisor Hyland and Supervisor McConnell being
out of the room, Supervisor Hudgins being absent.
NV:nv
At
ADDITIONAL BOARD MATTER
69. RETURN OF ELECTRICAL
POWER (
Chairman Connolly noted that the Board Auditorium had full power and that cablecasting had resumed following a power outage. He explained that in light of the power outage, the Board had deferred the last three items on the agenda to allow the opportunity for the public to participate and observe. Those items were deferred until June 20.
70. ORDERS OF THE
DAY (
Chairman Connolly announced that as soon as all members who participated in closed session were present, the Board would certify its closed session, take one action from closed session, then adjourn.
ACTIONS FROM CLOSED
SESSION
71. 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 vote of eight, Supervisor Bulova, Supervisor DuBois, Supervisor Frey, Supervisor Gross, Supervisor Hyland, Supervisor Kauffman, Supervisor Smyth, and Chairman Connolly voting "AYE," Supervisor McConnell being out of the room, Supervisor Hudgins being absent.
72. NEGOTIATIONS TO PURCHASE
Supervisor DuBois
moved that the Board authorize staff to begin negotiations to purchase
73. ADJOURNMENT (
The Board adjourned.