Minutes of the regular meeting of the Fairfax City Council on November 8, 2016, at 7:00 p.m. in Council Chambers at Fairfax City Hall Annex. Call to Order: Mayor Stombres called the meeting to order at 7:00 p.m. Members Present: Mayor Stombres and Councilmembers DeMarco, Greenfield, Meyer, Miller, Schmidt, and Stehle. Members Absent: None. Presentations and Proclamations. The Mayor presented Ms. Armistice Turtora with a proclamation acknowledging her 90th birthday. Presentations by the public on any item not subject to a public hearing. Amy Anspach, 3702 University Drive, addressed the City Council and stated that issues remain regarding the University Drive Extension Program, which need to be addressed. She stated that she is concerned about the increased number of accidents on University Drive and requested the traffic study be analyzed to determine if it reflects the exact occurrences on the road. She asked if the extension was a development or road project. She stated that the renderings showed parking being available on both sides of the road and this would limit the visibility and decrease safety in that area. She stated that alternative access options need to be explored in that area. Bob Kemp, 3584 University Drive, addressed the City Council and stated that safety in the area is a paramount concern and that the extension will increase the traffic in the area. He stated that he is not seeing the value in terms of the cost for the project. The Mayor stated that this project will be discussed during the work session tonight and those issues will be addressed then. Adoption of the agenda. Councilman Greenfield moved to adopt the agenda. Councilman Meyer seconded the motion, which carried unanimously by voice vote. Consent agenda. 1
Councilman Greenfield moved to adopt the following consent agenda: #7a, Consideration of a Memorandum of Understanding (MOU) between the City of Fairfax and the Northern Virginia Soil and Water Conservation District; #7b, Consideration of a resolution to endorse the City s submission to the Virginia Department of Transportation for FY 18-22/23 Smart Scale Funding; #7c, Consideration of a resolution to endorse the City s submission to the Virginia Department of Transportation for FY 18 Revenue Sharing Funding; #7d, Consideration of a Resolution to Approve the City s Submission to the Northern Virginia Transportation Authority for FY 18-23 Regional Surface Transportation Program (RSTP) Funding; and #7e, Consideration of an award of contract for the construction of the University Drive sidewalk project at Armstrong Street. Councilman Meyer seconded the motion. Councilmember Schmidt requested that item 7b-d be pulled from the consent agenda. The Mayor called for a vote on the motion to approve consent agenda items 7a and 7e, which carried unanimously by voice vote. Consideration of a resolution to endorse the City s submission to the Virginia Department of Transportation for FY18-22/23 Smart Scale Funding. Wendy Block Sanford, Transportation Director, gave the staff report which was incorporated into the record. She stated that this resolution would endorse the City s submission to the Virginia Department of Transportation (VDOT) for FY 18-22/23 Smart Scale (formerly HB2) funding. She stated that the Commonwealth is accepting applications for Smart Scale funding for the FY 18-22/23 funding cycle and staff is seeking to apply for $14M for the completion of the George Snyder Trail. She stated that staff is requesting the funding for FY 22, which is the earliest date the funding will be available and this project has been identified as a City priority in both the Parks and Recreation Strategic Master Plan and the City s Comprehensive Plan. Councilmember Schmidt asked if funds have been spent on this project already. Ms. Sanford stated that funds have been spent on the existing portion of the trail and on the conceptual design of the trail. 2
Councilmember Schmidt asked if the City is required to pay the costs associated with the preliminary engineering and right-of-way. Ms. Sanford stated that this a new VDOT agreement form and that for Smart Scale projects, there is not a local funding match. She stated that revenue sharing projects do have a local funding match but the City would be responsible for the costs if the project exceeds the $14M. Councilmember Schmidt asked what would cause the costs to exceed the funding amount. $14M. Ms. Sanford stated that rising construction costs could result in the project exceeding the Councilmember Schmidt asked when the maintenance and operating costs for this project would be included in the City s budget. Ms. Sanford stated that the project would be completed by 2024 and the City would be responsible for those costs after project completion. Councilman Meyer asked if those costs would not be incurred by the City for a few years after completion since it would be a newly constructed project and those costs should be covered by the construction company. Ms. Sanford stated that was correct. Councilmember DeMarco asked if the current multimodal draft includes this project as a way to connect our trails throughout the City. Ms. Sanford stated that was correct. Councilmember Schmidt moved to approve a resolution to endorse the City s submission to the Virginia Department of Transportation for FY18-22/23 Smart Scale Funding for the George Snyder Trail Project. Councilman Meyer seconded the motion. Consideration of a resolution to endorse the City s submission to the Virginia Department of Transportation for FY18 Revenue Sharing Funding. 3
Wendy Block Sanford, Transportation Director, gave the staff report which was incorporated into the record. She stated that this item concerns the City s endorsement of the applications submitted to the Virginia Department of Transportation for FY18 Revenue Sharing funding. She stated that the Commonwealth is accepting applications for FY18 Revenue Sharing funds, which are dollar-for-dollar state matching funds for eligible transportation projects and staff proposes to apply for $5,155,000 in FY18 Revenue Sharing funds for the projects listed below: 1. Northfax - $4,000,000 2. Chain Bridge Road Sidewalk Project - $1,022,000 3. Roberts Road Sidewalk Project - $133,000 Councilmember Schmidt asked why the projects were listed together for the submission. Ms. Sanford stated that projects have been grouped together in the past for this type of submission. Councilmember DeMarco asked if the $4M for Northfax was due to escalating construction costs. Ms. Sanford stated that was correct. Councilman Meyer moved to approve a resolution to endorse the City s submission to the Virginia Department of Transportation for FY18 Revenue Sharing Funding. Councilmember Miller seconded the motion. Councilmember Schmidt stated that she would not be supporting this motion since the Chain Bridge Road Sidewalk Project is part of the submission and she is not in favor of that project. The Mayor called for a vote on the motion, which carried by a voice vote of 5-1 recorded as follows: In favor, Councilmembers DeMarco, Greenfield, Miller, Meyer, and Stehle; opposed, Councilmember Schmidt. Consideration of a resolution to approve the City s Submission to the Northern Virginia Transportation Authority for FY 18-23 Regional Surface Transportation Program (RSTP) Funding. Wendy Block Sanford, Transportation Director, gave the staff report which was incorporated into the record. She stated that this item approves the City s submission to the Northern Virginia Transportation Authority for FY18-23 Regional Surface Transportation Program (RSTP) Funding. She stated that one of the duties of the Northern Virginia Transportation 4
Authority (NVTA) is to recommend to the state funding allocations for Regional Surface Transportation Program funds. She stated that VDOT is responsible for overseeing the funds once they are allocated by the NVTA and VDOT allocates funding pursuant to a six year plan; therefore, the City s funding request is for FY23 funds. She stated that staff is requesting $1M in FY23 RSTP funds to implement the multimodal transportation improvements consistent with recommendations from the Multimodal Transportation Plan. She stated that since these funds will not be available until FY23 and the Council will have the opportunity prior to these funds being available to determine which specific improvement(s) to construct. Councilmember DeMarco moved to approve a resolution to endorse the City s submission to the Northern Virginia Transportation Authority for FY18-23 Regional Surface Transportation Program Funding. Councilman Meyer seconded the motion. Public hearing and Council action on an ordinance amending Article III, Chapter 38, Sections 38-31, 38-34, 38-37 of the code of the City of Fairfax, Virginia, pertaining to public health and safety menaces. This public hearing was properly advertised in the October 31 and November 7, 2016, issues of The Washington Times. Andrew Wilson, Building Official/Fire Marshal, gave the staff report which was incorporated into the record. He stated that this item pertains to adoption of an ordinance amending the code provisions relating to health or safety menaces by adding hazardous trees to the definition of conditions, establishing procedures when abatement of hazardous trees occurs on private property, and establishing the Board of Building Code Appeals as the arbitrator of appeals. He stated that during the preparation of the new Zoning Ordinance, staff felt that abatement of conditions created by hazardous trees would be more appropriately located within chapter of the code which deals with health or safety menaces. He stated that the reference to hazardous trees was not included in the Zoning Ordinance as recently adopted and language was included in the Zoning Ordinance to clarify the fact that a tree removal permit is not required in order to remove a tree that presents an immediate hazard. He stated that hazardous conditions caused by trees were also mentioned in the health or safety menaces section and the proposed ordinance amends the definition of a health or safety menace to include hazardous trees and provides a procedure whereby the designated enforcement officer notifies the Zoning Administrator when a hazardous tree is removed without an otherwise required permit. He stated that this allows the Zoning Administrator to follow up with the property owner and ensure that any actions that would have been required are carried out. He stated that the ordinance also removes an outdated reference to the Board of Housing Hygiene and makes clear that appeals are to the Board of Building Code Appeals, as these boards have been condensed into a single entity. 5
The Mayor opened the public hearing. The Mayor closed the public hearing after hearing no testimony. Councilman Meyer moved to adopt an ordinance amending Article III, Chapter 38, Sections 38-31, 38-34, 38-37, of the Code of the City of Fairfax, Virginia, pertaining to public health or safety menaces. Councilmember Miller seconded the motion. Public hearing and Council action on an ordinance amending Chapter 66 of the Code of the City of Fairfax as it pertains to personnel. This public hearing was properly advertised in the October 31 and November 7, 2016, issues of The Washington Times. Sara Greer, Personnel Director, gave the staff report which was incorporated into the record. She stated that staff is requesting a revision of the Personnel Chapter of the City Code to reflect changes related to federal regulations, the adoption of the City pay plan, and other miscellaneous updates. She stated that in the past year, there have been changes that require an update to the Personnel chapter of the Code. She stated that one change was an update to the definitions of the types of employees in response to the passage of the Affordable Care Act (ACA). She stated that staff is updating the information about the pay plan to correctly reflect the open range rather than the previous step system. She stated that staff has reviewed the entire section to update things that have changed or need clarification and are recommending the removal of one section, 66.8, Recruitment and Selection as this is duplicated in an Administrative Regulation, A.R. 7-6, Centralized Hiring Procedures. Councilmember DeMarco asked if the 35 hour trigger for full time is ACA driven. Ms. Greer stated that 35 hours or more is considered full-time and is covered under the City s retirement plan. She stated that an employee working 30 hours or more is covered under the ACA and is eligible for healthcare coverage. Councilmember DeMarco asked if the City would provide healthcare coverage to an employee working 30 hours or more. Ms. Greer stated that was correct. Councilmember DeMarco asked if a 30 hour per week employee is considered a full-time employee. Ms. Greer stated that was correct. 6
Councilmember DeMarco asked if that 30 hour per week employee would receive any other full-time employee benefits besides health insurance. Ms. Greer stated that the employee would not receive any other benefits if the hours did not reach 35 or more per week. Councilman Meyer asked if these changes are in line with the new Department of Labor regulations. Ms. Greer stated that was correct and that the ACA was approved in 2014 and staff has been following those requirements even though the Code had not been updated. She stated that there is an ACA requirement that an employee working 30 hours or more per week be considered a full time employee for health care coverage only. Councilmember Miller asked what benefits a 20 hour per week employee receives from the City. Ms. Greer stated that they receive health insurance at an increased cost to the employee and that employee earns a proportional amount of leave per pay period. Councilmember Miller asked what ACA benefits a 20 hour per week employee would receive. Ms. Greer stated there would not be any changes for a 20 hour per week employee. Councilmember Miller asked if the employee would be responsible for 50% of the health insurance costs. Ms. Greer stated that was correct. Councilmember Miller asked if the City s Personnel Advisory Committee reviewed these changes. Ms. Greer stated that is not a role of the Committee but that the City s employment attorney worked closely with staff on these revisions. The Mayor opened the public hearing. The Mayor closed the public hearing after hearing no testimony. Councilmember Schmidt moved to adopt an ordinance amending identified sections of Article I, Chapter 66 of the Code of the City of Fairfax, Virginia. Councilman Greenfield seconded the motion. 7
Public hearing and Council action on a supplemental appropriation resolution in the amount of $694,449 for funding awarded to the City through Virginia Department of Transportation's FY17 Primary Extension Paving Program. This public hearing was properly advertised in the October 31 and November 7, 2016, issues of The Washington Times. Wendy Block Sanford, Transportation Director, gave the staff report which was incorporated into the record. She stated that the requested supplemental appropriation resolution in the amount of $694,449 is for funding awarded to the City for paving of primary extension roadways. She stated that based on a legislative change that was effective July 1, 2014, Section 33.2-358 provides that primary extensions maintained by municipalities can receive a portion of the reconstruction and paving allocations previously only distributed to Interstates and Primary Roads with a combined condition index of less than 60. She stated that the Commonwealth Transportation Board approved a new program to address this code change and developed an application process to allow municipalities to apply for this funding for qualifying projects and staff applied for and received $995,000 to pave six roadway segments in FY16 and in FY17, the City has been awarded $694,449 to pave the three roadway segments listed below: Pickett Road (North Bound): Main Street to Shelley Krasnow Lane-$285,967 Route 123 (North Bound): South of City Limit to Armstrong Street-$156,369 Route 29 (North Bound): West of City Limit to Kamp Washington- $252,113 Councilmember Stehle asked how long it takes for the City to be reimbursed for transportation projects. Ms. Sanford stated that the City is required to spend the funding within six months of receiving it. She stated that the City can request reimbursement as soon as the funds are spent. Councilmember Stehle asked if the City is reimbursed within a couple months after submitting the request. Ms. Sanford stated that was correct. Councilmember DeMarco stated that the City is receiving 70% of the amount it received last year. He asked why the amount was different from last year. Ms. Sanford stated that she was unsure but that staff applied for the $1M maximum amount to fund four projects and the City received funding for three of the projects. Councilman Greenfield asked if this item was included in the budget the Council approved earlier this year. Ms. Sanford stated that it was not part of the budget. She stated that when staff applies for this funding, a certification is needed to certify that the funding will not replace funds that were approved as part of the budget. Councilman Greenfield asked if roads were part of the paving plan for this year. 8
Ms. Sanford stated that when staff applies for these funds, they analyze the paving list because if the City receives the requested funding, it would free up monies in the General Fund that could be used for other projects. David Summers, Public Works Director, addressed the City Council and stated that this funding is for paving of arterial roads and if the funding is awarded then the City could use other funds to pave residential roads. Councilman Greenfield asked if the funds would be disbursed for another project in the Commonwealth if staff does not request them. Ms. Sanford stated that was correct. Councilman Meyer asked who determines the condition of the roads. Mr. Summers stated that staff examines the roads yearly and that information is used when staff submits applications for funding from VDOT. Councilman Meyer asked if VDOT examines the roads themselves. Mr. Summers stated that occasionally VDOT examines the roads firsthand with staff. The Mayor opened the public hearing. The Mayor closed the public hearing after hearing no testimony. Councilman Greenfield moved to approve a supplemental appropriation in the amount of $694,449 for funding awarded to the City through VDOT s FY17 Primary Extension Paving Program. Councilmember Miller seconded the motion. Public hearing and Council action on City Council Proposed Budget Guidelines for FY 17-18 budget process. This public hearing was properly advertised in the November 3 and 7, 2016, issues of The Washington Times. David Hodgkins gave the staff report which was incorporated into the record. He stated that Council provides policy direction to staff in preparation of the annual budget through a series of budget guidelines which were presented at the November 1, 2016 work session. The Mayor opened the public hearing. The Mayor closed the public hearing after hearing no testimony. 9
Councilmember DeMarco moved adoption of the proposed budget guidelines to be used in the preparation of the Fiscal Year 2018 budget. Councilmember Schmidt seconded the motion. Councilmember Stehle stated that he appreciated the recent conversation regarding the use of open data and that he looks forward to its incorporation throughout the budget process. Consideration of the City of Fairfax FY17 Legislative Program. Louise Armitage gave the staff report which was incorporated into the record. She stated that the 2017 General Assembly session convenes on January 11, 2017 for a short session lasting 45 days and the Council will meet with Delegate David Bulova and Senator J. Chapman Petersen on November 29, 2016 to present its legislative priorities. She stated that the City's program includes a position on education funding, allocation of state funding for transportation, flexibility in local taxation matters, and human services initiatives. She stated that the section of schools includes a position to fully fund the State s portion of the K-12 education costs, including the cost for competing. She stated that the transportation section includes positions on revenue sharing, regional gas tax floor, and Washington Metropolitan Area Transit Authority safety. She stated that the general government initiatives section includes positions on libraries and predatory lending practices. She stated that the environment section includes positions on reducing the usage of plastic bags and water quality funding and stormwater. She stated that the housing and land use section includes positions on proffers, air bnb, private wireless telcom, and the City opposing any legislation that would reduce the authority of local government on land use issues including planning, zoning, resource protection and neighborhood preservation. She stated that the public safety section includes positions on a weapons ban in public buildings during meetings, state assistance to local law enforcement HB599, state funding for jails and courts, and fire prevention code. She stated that human services section includes positions on the Medicaid waiver, Children s Services Act, Virginia Preschool Initiative, child care funding, and Adult Protective Services. She stated that the miscellaneous section includes positions on taxing female basic necessities and sexual orientation. Councilmember Stehle requested that future Legislative Programs be more dialogue based and include a work session which would allow the Council to have a more active role in creating the document. Councilmember Miller stated that she supports Councilmember Stehle s request and stated that the Council should have a more active role in creating the City s Legislative Program. She stated that she has heard concerns raised from the community regarding the number of group homes located within a particular neighborhood. Ms. Armitage stated that group homes are protected by federal and state statutes and they cannot be treated any differently than single family homes. 10
Councilmember Miller asked if the Council could get a list of all the group homes located in the City. Ms. Armitage stated that creating that list would result in treating group homes differently from single family homes. Councilmember Miller asked if staff could compile a list of properties that are tax exempt in the City. Ms. Armitage stated that there is a list of those properties. Councilmember Miller requested that the list be examined and determined what steps can be taken to help alleviate the concerns of the community. Councilmember Schmidt asked if proprietary providers could be examined in order to address the concerns regarding group homes. Ms. Armitage stated that staff examined that possibility and determined that it was not a viable option. She stated that the Council could discuss that issue with Senator Petersen and Delegate Bulova at the November 29, 2016, Legislative Dinner Meeting. Councilmember Miller stated that she would like to have a discussion regarding this at the dinner meeting and that Delegate Bulova received some of the same emails regarding the concerns. Councilmember DeMarco asked if jurisdictions was examining the possibility of including gas tax legislation. Ms. Armitage stated that the item within the Legislative Program refers to a gas floor, which would not raise the gas tax but increase the revenue amount the state pays to the City. Councilmember DeMarco requested staff provide the Council with the calculations for the gas floor. Councilmember Miller asked for a status update regarding Senator Petersen s legislation that would eliminate the car tax. Ms. Armitage stated that she was unsure if the legislation would be reintroduced since it failed last year. Councilmember Miller stated that if that tax was eliminated, it would result in a huge revenue source loss for the City. The City Manager clarified that this document is compiled and created late in the year and that schedule for presentation and discussion with the Council is compressed by the limited number of Council meetings due to the upcoming holidays. He stated that more discussion on this item can be added to the work session tonight or to the meeting on November 29, 2016. 11
The Mayor stated that adding it on to tonight s work session may not be the best option due to the late hour. Councilmember Stehle asked if the proposed motion for this item places the approved items as priorities for the Council. The Mayor stated that he views this approval as creating a set of discussion topics for their upcoming meeting with Senator Petersen and Delegate Bulova and that many Councilmembers may have concerns regarding certain items but obtaining unanimity on every item was impossible. Ms. Armitage stated that issues arise often during the General Assembly and those unplanned issues will be discussed between staff and the Council. Councilmember Schmidt moved that the City Council approve the 2017 Legislative Program. Councilmember DeMarco seconded the motion. Councilmember Schmidt stated that this Program is a scope and offers a start to the conversations with Delegate Bulova and Senator Petersen. Approval of minutes. 2016. Councilman Greenfield moved to approve the regular meeting minutes of October 25, Councilman Meyer seconded the motion. Closed meeting for consultation with legal counsel and to discuss appointments to Boards and Commissions. The Mayor moved that the City Council convene a closed meeting under Section 2.2-3711.A.7 of the Code of Virginia for consultation with legal counsel for legal advice and Section 2.2-3711.A.1 of the Code of Virginia to discuss appointments to Boards and Commissions. The Mayor called for a vote, which carried by a voice vote of 7-0 recorded as follows: In favor, Mayor Stombres and Councilmembers DeMarco, Greenfield, Miller, Meyer, Schmidt, and Stehle; opposed, none. p.m. The Council went into a closed meeting at 8:21 p.m. and reconvened the meeting at 8:51 12
The Mayor and City Council concluded its closed meeting for consultation with legal counsel and to discuss appointments to Board and Commissions. The Mayor moved each member of the City Council certify, to the best of each Councilmembers knowledge, (i) only public business matters lawfully exempted from the open meeting requirements in the Virginia Freedom of Information Act, and (ii) only public business matters identified in the motion convening the closed meeting were heard, discussed or considered. The Mayor called for a vote, which carried by a voice vote of 7-0 recorded as follows: In favor, Mayor Stombres and Councilmembers DeMarco, Greenfield, Miller, Meyer, Schmidt, and Stehle; opposed, none. Actions out of the closed meeting/appointments to Boards and Commissions. Councilman Meyer moved to reappoint Hildie Carney to Historic Fairfax City, Inc. for a five-year term extending through December 31, 2021. Councilman Greenfield seconded the motion. Councilmember Schmidt moved to appoint Kelly McLaughlan to the Economic Development Authority for the remainder of a four-year term extending through November 1, 2019. Councilman Greenfield seconded the motion. Councilmember Miller moved to appoint Sean Mallon to the Economic Development Authority for the remainder of a four-year term extending through October 23, 2016, with an extension of a four-year term extending through October 23, 2020. Councilman Greenfield seconded the motion. Council Comments. Councilman Meyer stated that November 11 th is Veterans Day and today was Election Day, a day for all to have an active role in democracy. He stated that elections would not be possible without the Veterans and he thanked the Mayor, Charles Collins, his father-in-law, and Pamela Collins Rhodes, his sister-in-law, for their service to the United States. Councilman Meyer extended his sincere condolences to the family of Debbie Lynn Kidd, who recently passed away. 13
Councilman Meyer extended his sincere condolences to the family of Carl Jenkins, who recently passed away. Councilmember Stehle thanked the people who placed the sandwich board signs directing voters where to go for each precinct and he thanked the election officers for their hard work on the election. Adjournment. The meeting adjourned at 8:55 p.m. ATTEST: Mayor City Clerk 14