Board Summary, 06/05/06

CLERK'S BOARD SUMMARY

REPORT OF ACTIONS OF THE

FAIRFAX COUNTY BOARD OF SUPERVISORS

MONDAY

June 5, 2006

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).

13-06

PW:pw

At a regular meeting of the Board of Supervisors of Fairfax County, Virginia, held in the Board Auditorium of the Government Center at Fairfax, Virginia, on Monday, June 5, 2006, at 9:02 a.m., there were present:

· 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, Mason District

· Supervisor Gerald W. Hyland, Mount Vernon District

· Supervisor Dana Kauffman, Lee District

· Supervisor Linda Q. Smyth, Providence District

Supervisor Catherine M. Hudgins, Hunter Mill District, arrived at 9:06 a.m.

Supervisor Elaine McConnell, Springfield District, arrived at 12:57 p.m.

Others present during the meeting were Anthony H. Griffin, County Executive; David P. Bobzien, County Attorney; Catherine A. Chianese, Assistant to the County Executive; Angela Schauweker, Management Analyst, Office of the County Executive; Regina Thorn Corbett, Administrative Assistant, Office of the County Executive; Nancy Vehrs, Clerk to the Board of Supervisors; Patti M. Hicks, Chief Deputy Clerk to the Board of Supervisors; and Denise Scott, Deputy Clerk to the Board of Supervisors.

BOARD MATTER

1. MOMENT OF SILENCE (9:02 a.m.)

Supervisor Hyland asked everyone to keep in thoughts the family of Ms. Ruth Nesselrodt who died recently.

Supervisor Frey noted that this was the first Board meeting since Master Police Officer Michael E. Garbarino succumbed to injuries sustained in the May 8, 2006, assault on the Sully District Police Station and asked to keep his family in thoughts.

AGENDA ITEMS

2. PRESENTATION OF THE COLORS BY THE ARMY CONTINENTAL COLOR GUARD AND AN ELEMENT OF THE OLD GUARD FIFE AND DRUM CORPS (9:04 a.m.)

The Army Continental Color Guard presented the colors while the Old Guard Fife and Drum Corps performed.

3. PROCLAMATION TO DESIGNATE JUNE 7-14, 2006, AS “UNITED STATES ARMY WEEK” IN FAIRFAX COUNTY (9:05 a.m.)

Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and moved approval of the Proclamation to designate June 7-14, 2006, as “United States Army Week” in Fairfax County. Supervisor Hyland seconded the motion and it carried by a vote of nine, Supervisor McConnell not yet having arrived.

4. CERTIFICATES OF RECOGNITION PRESENTED TO THE 2006 LORD AND LADY FAIRFAX HONOREES (9:12 a.m.)

Chairman Connolly moved approval of the Certificates of Recognition presented to the 2006 Lord and Lady Fairfax honorees, as follows:

Chairman At-Large

· Ms. Linda Wimpey

· Mr. William Edward “Ed” Pickens, III

Braddock District

· Ms. Sande Pfalzgraf

· Mr. Joseph “Joe” Jozefczyk

Dranesville District

· Ms. Laura Price

· Mr. Michael O’Reilly

Hunter Mill District

· Ms. Liz Knapp

· Mr. James “Jim” Keifer

Lee District

· Ms. Lula Bauer

· Mr. Willard “Will” O. Jasper

Mason District

· Ms. Rachel Rifkind

· Mr. Arthur Andrew Lopez

Mount Vernon District

· Ms. Susan Aheron Magill

· Mr. Mack B. Rhoades, Jr.

Providence District

· Ms. Jeanette Stewart

· Mr. Robert “Bob” Adams

Springfield District

· Ms. Katheryn Zupan

· Mr. Roger Sims, III

Sully District

· Ms. Meg Crossett

· Mr. Marvin Powell

Supervisor Hyland seconded the motion and it carried by a vote of nine, Supervisor McConnell not yet having arrived.

Christopher Welker, Chair, Celebrate Fairfax, Incorporated, Board of Directors, made a brief presentation outlining the upcoming events at Celebrate Fairfax, June 9-11, 2006, as well as an introduction of other board members and event sponsors.

5. CERTIFICATE OF RECOGNITION PRESENTED TO YOUTH WHO PARTICIPATED IN FAIRFAX FAMILIES CARE (9:42 a.m.)

Chairman Connolly moved approval of the Certificate of Recognition presented to the youth who participated in Fairfax Families Care to ensure assistance for those affected by Hurricane Katrina who were relocating to the County. Supervisor DuBois seconded the motion and it carried by a vote of nine, Supervisor McConnell not yet having arrived.

Vice-Chairman Bulova returned the gavel to Chairman Connolly.

6. RESOLUTION TO CONGRATULATE CHESTERBROOK ELEMENTARY SCHOOL ON ITS ONE HUNDREDTH ANNIVERSARY (9:57 a.m.)

Supervisor DuBois moved approval of the Resolution congratulating Chesterbrook Elementary School on its one hundredth anniversary. Chairman Connolly seconded the motion and it carried by a vote of eight, Supervisor Kauffman being out of the room, Supervisor McConnell not yet having arrived.

ADDITIONAL BOARD MATTER

7. ABSENCE OF SUPERVISOR McCONNELL (SPRINGFIELD DISTRICT) (10:05 a.m.)

Chairman Connolly announced that Supervisor McConnell would be arriving later in the day because of a personal emergency.

AGENDA ITEMS

8. PROCLAMATION DESIGNATING JUNE 24, 2006, AS “GIRL POWER DAY” IN FAIRFAX COUNTY (10:05 a.m.)

Supervisor Smyth moved approval of the Proclamation to designate June 24, 2006, as “Girl Power Day” in Fairfax County. Supervisor Bulova seconded the motion and it carried by a vote of eight, Supervisor DuBois being out of the room, Supervisor McConnell not yet having arrived.

9. CERTIFICATE OF RECOGNITION PRESENTED TO MEMBERS OF THE MANTUA CITIZENS ASSOCIATION (10:10 a.m.)

Supervisor Smyth moved approval of the Certificate of Recognition presented to members of the Mantua Citizens Association for organizing a Senior Citizens Issues Forum. Chairman Connolly seconded the motion and it carried by a vote of eight, Supervisor Frey being out of the room, Supervisor McConnell not yet having arrived.

10. CERTIFICATE OF RECOGNITION PRESENTED TO THE EXECUTIVE COMMITTEE OF A HISTORY PROJECT, A LOOK BACK AT BRADDOCK (10:16 a.m.)

Supervisor Bulova moved approval of the Certificate of Recognition presented to the executive committee of a history project, A Look Back at Braddock, for its work on this initiative. Chairman Connolly seconded the motion and it carried by a vote of seven, Supervisor DuBois and Supervisor Frey being out of the room, Supervisor McConnell not yet having arrived.

Gilbert Donahue, Author and Chair, Historical Materials Committee, gave a brief presentation of the resulting publication of the project, Braddock’s True Gold, 20^th Century Life in the Heart of Fairfax County. Supervisor Bulova noted that the publication was now for sale in the County’s Maps and Publications Center.

11. PROCLAMATION DESIGNATING JUNE 10-17, 2006, AS “DIRECT CARE WORKERS WEEK” IN FAIRFAX COUNTY (10:29 a.m.)

Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and moved approval of the Proclamation to designate June 10–17, 2006, as “Direct Care Workers Week” in Fairfax County. Supervisor Hyland seconded the motion and it carried by a vote of nine, Supervisor McConnell not yet having arrived.

Vice-Chairman Bulova returned the gavel to Chairman Connolly.

12. PROCLAMATION DESIGNATING JUNE 17, 2006, AS “HEPATITIS AWARENESS DAY” IN FAIRFAX COUNTY (10:39 a.m.)

Supervisor Frey moved approval of the Proclamation to designate June 17, 2006, as “Hepatitis Awareness Day” in Fairfax County. Supervisor Bulova seconded the motion and it carried by a vote of nine, Supervisor McConnell not yet having arrived.

13. PROCLAMATION DESIGNATING JUNE 17–23, 2006, AS “RESPONSIBLE FATHERHOOD WEEK” IN FAIRFAX COUNTY (10:45 a.m.)

Supervisor Kauffman moved approval of the Proclamation to designate June 17–23, 2006, as “Responsible Fatherhood Week” in Fairfax County. Supervisor Bulova and Supervisor Hudgins jointly seconded the motion and it carried by a vote of nine, Supervisor McConnell not yet having arrived.

DS:ds

14. ADMINISTRATIVE ITEMS (10:50 a.m.)

Supervisor Gross moved approval of the Administrative Items. Supervisor Smyth seconded the motion.

Supervisor Kauffman called the Board’s attention to Admin 3 – Authorization to Advertise Public Hearings on Proposed Amendments to the Code of the County of Fairfax, Chapter 112 (Zoning Ordinance), Regarding Civil Penalties for Zoning Violations and discussion ensued, with input from Lorrie Kirst, Deputy Zoning Administrator, Ordinance Administration Branch, Department of Planning and Zoning, regarding the fee for zoning violations.

Supervisor Hudgins called the Board’s attention to Admin 6 – Authorization for the Fairfax-Falls Church Community Services Board (CSB) to Apply for and Accept Child and Family Services System of Care Demonstration Project Grant Funding and discussion ensued regarding the grant.

Supervisor Frey called the Board’s attention to Admin 8 – Authorization to Advertise a Public Hearing on Proposed Transportation Enhancement Program Projects and discussion ensued, with input from Tom Biesiadny, Chief, Coordination and Funding Division, Department of Transportation (DOT), regarding the timing of the public hearing and the deadline for submissions.

Further discussion ensued, with input from Mr. Biesiadny and Jay Guy, Transportation Planner, DOT, regarding workshops sponsored by the Virginia Department of Transportation for individuals interested in proposing enhancement programs.

Supervisor Gross called the Board’s attention to Admin 11 – Authorization to Advertise a Public Hearing to Consider Proposed Amendments to the Code of the County of Fairfax, Chapter 43.1 (Food And Food Service Establishments) and discussion ensued with input from Thomas Crow, Director, Division of Environmental Health, Health Department, and Cassandra Mitchell-Baker, Supervisor, Food Safety Section, Division of Environmental Health, Health Department, regarding the town hall forums which were recently conducted with invited representatives of the food service industry, all regulated food establishments, consumers, and regulators to discuss any issues of concern on public health and the food industry.

Further discussion ensued, with input from Mr. Crow, regarding:

· Page 20 of the Board Agenda Item, bulleted item number 3, concerning the option for freezing to control parasites and an exemption of aquacultured fish, and whether it addresses the issue that some of the Korean Restaurants were having about the way they serve raw fish.

· The proposed elimination of County health inspections of mini-marts and convenience stores.

Chairman Connolly expressed concern over reducing the annual inspections from three to one. (Currently, the State Department of Agriculture performs one annual inspection and the County performs two.)

Supervisor Bulova asked unanimous consent that the Board direct staff to provide, prior to the public hearing, a comparison of inspection violations for convenience stores versus other types of food establishments. Without objection, it was so ordered.

Discussion ensued, with input from Ms. Mitchell-Baker, and Libby Busenlehner, Program Manager, Division of Environmental Health, Health Department, regarding the food temperature controls.

Discussion ensued, with input from Mr. Crow, regarding whether recommendations have been received from the Health Care Advisory Board.

Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and asked unanimous consent that the Board direct staff to, prior to the public hearing, provide the findings and recommendations of the Health Care Advisory Board. Without objection, it was so ordered.

Vice-Chairman Bulova returned the gavel to Chairman Connolly.

Supervisor Smyth called the Board’s attention to Admin 17 – Authorization to Advertise Proposed Amendments to the Code of the County of Fairfax, Chapter 61 (Building Provisions), Articles 1 and 2, Regarding the Board of Building and Fire Code Appeals, Property Maintenance Provisions, and Certain Permit Fees, Including Those for Amusement Ride Permits and discussion ensued with input from Ray Pylant, Building Official, Department of Public Works and Environmental Services, regarding the demolition fees.

The question was called on the motion to approve the Administrative Items and it carried by a vote of nine, Supervisor Bulova, Supervisor DuBois, Supervisor Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor Smyth, and Chairman Connolly voting “AYE,” Supervisor McConnell not yet having arrived.

ADMIN 1 – ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION APPLICATION SE 2003-MV-017, PROVIDENT BANKSHARES CORPORATION T/A PROVIDENT BANK (MOUNT VERNON DISTRICT)

(AT) Approved six months of additional time to commence construction for Special Exception Application SE 2003-MV-017, Provident Bankshares Corporation T/A Provident Bank, to October 20, 2006, pursuant to the provisions of Section 9-015 of the Zoning Ordinance.

ADMIN 2 – ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION AMENDMENT APPLICATION SEA 85‑L‑110-4, VERESTAR, INCORPORATED (MASON DISTRICT)

(AT) Approved six months of additional time to commence construction for Special Exception Amendment Application SEA 85-L-110-4, Verestar, Incorporated, to October 22, 2006, pursuant to the provisions of Section 9-015 of the Zoning Ordinance.

ADMIN 3 – AUTHORIZATION TO ADVERTISE PUBLIC HEARINGS ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 112 (ZONING ORDINANCE), REGARDING CIVIL PENALTIES FOR ZONING VIOLATIONS

(As) (R) (NOTE: Earlier in the meeting, the Board discussed this item. See page 6.)

Adopted the Resolution authorizing the advertisement of a public hearing to be held before the Planning Commission on July 19, 2006, at 8:15 p.m., and before the Board on September 11, 2006, at 4 p.m. to consider proposed amendments to the Code of the County of Fairfax, Chapter 112 (Zoning Ordinance), to increase the civil penalties for any one zoning violation from $100 to $250 for the first violation, and from $250 to $500 for subsequent violations arising from the same set of operative facts.

ADMIN 4 – EXTENSION OF REVIEW PERIODS FOR 2232 PUBLIC FACILITIES REVIEW APPLICATIONS (MOUNT VERNON AND SULLY DISTRICTS)

Approved an extension of review period for the following 2232 Public Facilities Review Applications:

Application Number	Description	New Date
2232-Y06-8	T-Mobile Northeast LLC Antenna co-location on existing 53-foot wood utility pole VDOT right-of-way (adjacent to 14710 Braddock Road) Sully District	August 14, 2006
2232-Y06-9	T-Mobile Northeast LLC Antenna co-location on existing 53‑foot wood utility pole 14502 Braddock Road (Sully Station Community Association) Sully District	August 14, 2006
FS-Y06-17	Fiber Tower Antenna co-location on existing 200‑foot tower 10112 Furnace Road Mount Vernon District	August 15, 2006
FS-V06-16	Nextel Communications of the Mid-Atlantic, Incorporated Existing 140-foot tower 14510 Mount Olive Road Sully District	August 20, 2006

ADMIN 5 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, APPENDIX G, EXPANDING THE ANNANDALE RESIDENTIAL PERMIT PARKING DISTRICT (RPPD) DISTRICT 14 (BRADDOCK DISTRICT)

(A) Authorized the advertisement of a public hearing to be held before the Board on July 10, 2006, at 4 p.m. to consider proposed amendments to the Code of the County of Fairfax, Appendix G, expanding the Annandale RPPD, District 14.

The proposed District expansion includes the following street blocks:

· Heritage Drive (Route 2630) from Erie Street (Route 2629) to Barr Place (Route 3620)

· Barr Place south side from Heritage Drive to the end

ADMIN 6 – AUTHORIZATION FOR THE FAIRFAX-FALLS CHURCH COMMUNITY SERVICES BOARD (CSB) TO APPLY FOR AND ACCEPT CHILD AND FAMILY SERVICES SYSTEM OF CARE DEMONSTRATION PROJECT GRANT FUNDING

(NOTE: Earlier in the meeting, the Board discussed this item. See page 6.)

Authorized the CSB to apply to and accept funding of $475,000 from the Office of Comprehensive Services and the Department of Mental Health, Mental Retardation and Substance Abuse for a grant designed to support incarcerated youth returning to the community.

ADMIN 7 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 41.1 (ANIMAL CONTROL AND CARE), SECTIONS 41.1-1-1 AND 41.1-2-7, CONCERNING DANGEROUS AND VICIOUS DOGS

(A) Authorized the advertisement of a public hearing to be held before the Board on June 26, 2006, at 5 p.m. to consider proposed amendments to the Code of the County of Fairfax, Chapter 41.1 (Animal Control and Care), Sections 41.1-1-1 and 41.1-2-7, concerning dangerous and vicious dogs, to reflect amendments to State law. The proposed amendments delete the provisions of the ordinance that will be covered under the new State law and add local criminal penalties for certain violations of the State law as allowed by State law.

ADMIN 8 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED TRANSPORTATION ENHANCEMENT PROGRAM PROJECTS

(A) (NOTE: Earlier in the meeting, the Board discussed this item. See page 6.)

Authorized the advertisement of a public hearing to be held before the Board on July 10, 2006, at 4:30 p.m. to solicit comments and input on the proposed Fiscal Year 2008 Transportation Enhancement Program projects.

ADMIN 9 – SUPPLEMENTAL APPROPRIATION RESOLUTION (SAR) AS 06078 FOR THE FAIRFAX COUNTY DEPARTMENT OF INFORMATION TECHNOLOGY (DIT) TO ACCEPT A DEPARTMENT OF HOMELAND SECURITY (DHS) URBAN AREAS SECURITY INITIATIVE (UASI) SUB-GRANT AWARD FROM THE DISTRICT OF COLUMBIA (DC), EXECUTIVE OFFICE OF THE MAYOR, OFFICE OF THE DEPUTY MAYOR FOR PULIC SAFETY AND JUSTICE FOR THE NATIONAL CAPITAL REGIONS (NCR) FIRST RESPONDERS CREDENTIALING PROGRAM

(SAR) Approved SAR AS 06078 in the amount of $500,000 for DIT to accept a DHS UASI Sub-Grant Award from the DC Office of the Deputy Mayor for Public Safety and Justice. These funds will be used by DIT to evaluate existing credentialing procedures, systems, and capabilities in the NCR’s 18 jurisdictions and the supporting functions in the states of Maryland and Virginia. These funds will also be used to make recommendations as to how to make the jurisdictions’ existing processes, future plans, and systems compliant with the Federal Standard FIPS 201 and interoperable process for authentication of responders through a common credentialing program in the NCR. The project shall be implemented in accordance with the grant program guidance documents. No local cash match or in-kind match is required.

ADMIN 10 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING REGARDING THE CONVEYANCE OF COUNTY-OWNED PROPERTY TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) FOR IMPROVEMENTS TO ROUTE 123 (SPRINGFIELD DISTRICT)

(A) Authorized the advertisement of a public hearing to be held before the Board on July 31, 2006, at 4 p.m. to consider the conveyance of County-owned property to VDOT for improvements to Route 123.

ADMIN 11 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 43.1 (FOOD AND FOOD SERVICE ESTABLISHMENTS)

(A) (NOTE: Earlier in the meeting, the Board took additional action regarding this item. See page 7.)

Authorized the advertisement of a public hearing to be held before the Board on July 10, 2006, at 4 p.m. to consider proposed amendments to the Code of the County of Fairfax, Chapter 43.1 (Food and Food Service Establishments). These amendments reflect agreed upon changes as a result of a dialogue with the industry, consumer groups, and regulators.

ADMIN 12 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON A PROPOSAL TO RESTRICT CUT-THROUGH TRAFFIC ON LENORE LANE AS PART OF THE RESIDENTIAL TRAFFIC ADMINISTRATION PROGRAM (R-TAP) (LEE DISTRICT)

(A) Authorized the advertisement of a public hearing to be held before the Board on July 10, 2006, at 4 p.m. to consider a proposal to restrict cut-through traffic on Lenore Lane as part of the R-TAP. The proposed restriction consists of the closure of Lenore Lane just east of Telegraph Road.

ADMIN 13 – RESOLUTION TO INSTALL “WATCH FOR CHILDREN” SIGNS ON FRANKLIN STREET, KINCROSS CIRCLE, AND COBRA DRIVE AS PART OF THE RESIDENTIAL TRAFFIC ADMINISTRATION PROGRAM (R-TAP) (LEE AND SULLY DISTRICTS)

(R)

· Adopted the Resolution endorsing the installation of “Watch for Children” signs at the following locations as part of the R-TAP:

· Franklin Street (Lee District)

· Kincross Circle (Sully District)

· Cobra Drive (Sully District)

· Directed staff to request the Virginia Department of Transportation to install the necessary signs at the earliest possible date.

ADMIN 14 – AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 82 (MOTOR VEHICLES AND TRAFFIC), SECTION 82-5-32, STOPPING, STANDING, AND PARKING

(BACs)

ADMIN 15 – ADDITIONAL TIME TO COMMENCE CONSTRUCTION FOR SPECIAL EXCEPTION APPLICATION SE 01-V-005, WILLIAM A. KINDER (MOUNT VERNON DISTRICT)

(AT) Approved 12 months of additional time to commence construction for Special Exception Application SE 01-V-005, William A. Kinder, to January 26, 2007, pursuant to the provisions of Section 9-015 of the Zoning Ordinance.

ADMIN 16 – ADOPTION OF A RESOLUTION APPROVING THE ISSUANCE BY THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) OF REVENUE BONDS TO ASSIST THE LORTON ARTS FOUNDATION, INCORPORATED

(R)

(BONDS) Adopted the Resolution requesting the EDA to issue up to $27.5 million revenue bonds to assist the Lorton Arts Foundation, Incorporated.

ADMIN 17 – AUTHORIZATION TO ADVERTISE PROPOSED AMENDMENTS TO THE CODE OF THE COUNTY OF FAIRFAX, CHAPTER 61 (BUILDING PROVISIONS), ARTICLES 1 AND 2, REGARDING THE BOARD OF BUILDING AND FIRE CODE APPEALS, PROPERTY MAINTENANCE PROVISIONS, AND CERTAIN PERMIT FEES, INCLUDING THOSE FOR AMUSEMENT RIDE PERMITS

(A) (NOTE: Earlier in the meeting, the Board discussed this item. See page 8.)

Authorized the advertisement of a public hearing to be held before the Board on July 10, 2006, at 4:30 p.m. to consider proposed amendments to the Code of the County of Fairfax, Chapter 61 (Building Provisions), Articles 1 and 2, to revise existing language to reflect recent Board action related to property maintenance provisions and update existing language and amusement ride fees to conform to the Virginia Uniform Statewide Building Code.

15. A-1 – APPROVAL TO ALLOCATE STATE AID FOR THE BURKE CENTRE VIRGINIA RAILWAY EXPRESS (VRE) STATION PARKING FACILITY (BRADDOCK DISTRICT) (11:14 a.m.)

On motion of Supervisor Bulova, seconded by Supervisor Kauffman, and carried by a vote of nine, Supervisor McConnell not yet having arrived, the Board concurred in the recommendation of staff and approved allocating up to $5,570,974 in State aid funds available at the Northern Virginia Transportation Commission for the Burke Centre VRE station parking facility for purposes of bidding the project.

16. A-2 – ENDORSEMENT OF RECOMMENDATIONS ON THE CAPITAL BELTWAY FINAL ENVIRONMENTAL IMPACT STATEMENT (FEIS) (DRANESVILLE, BRADDOCK, MASON, AND PROVIDENCE DISTRICTS) (11:15 a.m.)

Supervisor Bulova moved that the Board concur in the recommendation of staff and approve a draft letter, signed by the Chairman on behalf of the Board, to Secretary Homer transmitting the comments outlined in the Board Agenda Item dated June 5, 2006, to the Virginia Department of Transportation on the FEIS for the widening of the Capital Beltway. Supervisor DuBois seconded the motion.

Supervisor DuBois asked to amend the motion to add the following text to Bullet 3 of the staff recommendation:

· “Without a continuation of the hot lanes into Maryland, the Board supports a phased construction of the northern terminus constructed to minimize the impact on local roads and residential communities in the vicinity of the current terminus at Georgetown Pike.”

Following discussion, with input from Katharine D. Ichter, Director, Department of Transportation, the amendment was accepted.

Discussion ensued, with input from Ms. Ichter, regarding the Route 123 interchange.

Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and asked unanimous consent that the Board reaffirm the previous position of the Board regarding the importance of High Occupancy Toll (HOT) lanes. Without objection, it was so ordered.

Vice-Chairman Bulova returned the gavel to Chairman Connolly.

Discussion ensued, with input from Douglas MacTavish, staff, Capital Projects Section, DOT, regarding HOT lanes.

Supervisor Hudgins asked unanimous consent that the Board direct staff to ensure the integration of the Dulles Toll Road in coordinating this proposal. Without objection, it was so ordered.

The question was called on the motion, as amended, and it carried by a vote of nine, Supervisor McConnell not yet having arrived.

17. A-3 – FAIRFAX COUNTY’S COMMENTS REGARDING THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY’S (WMATA) PROPOSED FISCAL YEAR 2007 OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM (11:22 a.m.)

Supervisor Kauffman moved that the Board concur in the recommendation of staff and:

· Endorse the comments as outlined in the Board Agenda item.

· Direct staff to transmit the comments to WMATA.

Supervisor Hudgins seconded the motion.

Discussion ensued regarding the importance of cost containment, with input from Todd Wigglesworth, Senior Transportation Planner, Coordination and Funding Division, Department of Transportation.

Supervisor Hyland asked to amend the motion to defer action on this item and direct staff to prepare a letter, for the Chairman’s signature, through the County’s two representatives, to be sent to WMATA, to raise questions about the:

· Increase that the County is being asked to support.

· Expansion of service.

Following a brief discussion, Supervisor Hyland amended his motion that staff be directed to enter into dialogue with WMATA officials, with Supervisor Hudgins and Supervisor Kauffman representing the Board, and report within six months with a detailed plan of cost containment.

Supervisor Kauffman announced that the Planning and Development Committee will be meeting in the early part of July to discuss the Rail to Dulles project. He expressed that having a letter in hand in time for that discussion would be helpful.

Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and asked unanimous consent that the Board direct staff to draft the letter, for his signature on behalf of the Board, at the earliest possible date. Without objection, it was so ordered.

Vice-Chairman Bulova returned the gavel to Chairman Connolly.

The question was called on the motion, as amended, and it carried by a vote of nine, Supervisor McConnell not yet having arrived.

18. A-4 – AUTHORIZATION TO REALLOCATE AND DISBURSE FUNDS FROM FUND 144, HOUSING TRUST FUND, AND FUND 319, THE PENNY FOR AFFORDABLE HOUSING FUND, FOR THE ACQUISITION AND PRESERVATION OF 13 UNITS AT LEGATO CORNER CONDOMINIUMS (SPRINGFIELD DISTRICT) (11:33 a.m.)

On motion of Supervisor Hudgins, seconded by Chairman Connolly, and carried by a vote of nine, Supervisor McConnell not yet having arrived, the Board concurred in the recommendation of staff and approved the reallocation of $195,000 from Fund 144, Housing Trust Fund and $961,525 from Fund 319, The Penny for Affordable Housing Fund, to be used as interim financing to purchase the 13 units in Legato Corner Condominiums until permanent financing can be arranged. As part of the permanent financing, $265,766 from Fund 319, and $93,889 from Fund 144, will remain in the project as subsidy.

19. A-5 – REPORT AND RECOMMENDATIONS FROM THE INTERAGENCY COMMITTEE REGARDING BARRIERS IN PUBLIC TRANSPORTATION SERVICES FOR PEOPLE WITH DISABILITIES (11:34 a.m.)

Supervisor Hudgins moved that the Board concur in the recommendation of staff and direct staff to:

· Identify seniors and people with disabilities to participate in on-going sensitivity training classes for FAIRFAX CONNECTOR and FASTRAN operators and staff.

· Implement a “mystery rider” program in which a staff member rides the service anonymously to monitor FAIRFAX CONNECTOR, FASTRAN, Seniors-on-the-Go, and taxicab street operations, with particular focus on the travel needs of seniors and people with disabilities.

· Formally transmit a copy of the public forum comments to all service providers that offer transportation services to senior and people with disabilities that receive funding from the County. In addition, this correspondence should emphasize the need for on-going sensitivity training for all operators and staff involved with providing services to seniors and people with disabilities. Require sensitivity training where the County operates the service directly.

· Research the potential use of “smart card” technology for the Seniors-on-the-Go program.

· Implement a subsidized taxicab program for people with disabilities similar to the existing Seniors-on-the-Go subsidy program. Specifically, registered clients of MetroAccess who also reside in the County would be able to purchase eight books of subsidized ($30 value at a cost of $10) taxicab tickets per year.

· Explore the development of a One-Stop-Shop pilot program for providing customer information about all transportation services.

· Develop a comprehensive ten-year action plan that prioritizes and defines the multi-modal, multi-jurisdictional transportation recommendations.

Supervisor Kauffman seconded the motion.

Following discussion of bulleted item number six, Supervisor Bulova asked unanimous consent that the Board direct staff to ensure that they explore Maryland’s program. Without objection, it was so ordered.

Following additional discussion regarding transportation services, the question was called on the motion and it carried by a vote of nine, Supervisor McConnell not yet having arrived.

20. A-6 – ADOPTION OF AN EMERGENCY UNCODIFIED ORDINANCE TO PROVIDE FOR A ONE DOLLAR TAXICAB FUEL SURCHARGE AND AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON AN UNCODIFIED ORDINANCE THAT WILL PROVIDE FOR UP TO A ONE DOLLAR AND FIFTY-CENT TAXICAB FUEL SURCHARGE UNTIL JANUARY 31, 2007 (11:40 a.m.)

(O) (A) Chairman Connolly submitted, for the record, a letter from John Fee, Chairman, Consumer Protection Commission, endorsing the proposal.

Supervisor Bulova moved that the Board concur in the recommendation of staff and:

· Adopt the emergency uncodified ordinance providing for a $1 fuel surcharge.

· Authorize the advertisement of a public hearing to be held before the Board on July 31, 2006, to consider a proposed uncodified ordinance to provide for up to a $1.50 per trip fuel surcharge, as requested by Murphy Brothers, Incorporated, from August 1, 2006, until January 31, 2007.

Supervisor Gross seconded the motion.

Discussion ensued, with input from Gail Condrick, Director, Department of Cable Communications and Consumer Protection (DCCCP), and Steve Sinclair, Utility Analyst, Consumer Protection Division, DCCCP, regarding the proposed ordinance.

The question was called on the motion and it carried by a vote of nine, Supervisor Bulova, Supervisor DuBois, Supervisor Frey, Supervisor Gross, Supervisor Hudgins, Supervisor Hyland, Supervisor Kauffman, Supervisor Smyth, and Chairman Connolly voting “AYE,” Supervisor McConnell not yet having arrived.

21. A-7 – APPROVAL OF THE FINANCING PLAN FOR THE PRESERVATION OF JANNA LEE VILLAGE (LEE DISTRICT) (11:45 a.m.)

Supervisor Kauffman moved that the Board concur in the recommendation of staff and approve the financing plan for Janna Lee Village for the purpose of acquiring, rehabilitating, and preserving Janna Lee Village, a 319-unit affordable rental complex located in the Hybla Valley area of the Lee District. Supervisor Hyland seconded the motion.

Discussion ensued, with input from Paula Sampson, Director, Department of Housing and Community Development (HCD) and Aseem Nigam, Director, Real Estate Finance and Grants Management Division, HCD, regarding the preservation of affordable housing.

Chairman Connolly disclosed that he received a campaign contribution from Dr. Cyrus Katzen, General Partner of Buckman Road Associates, and seller of the property.

Supervisor Hyland also disclosed that he received a campaign contribution from Dr. Katzen.

The question was called on the motion and it carried by a vote of nine, Supervisor McConnell not yet having arrived.

22. A-8 – APPROVAL OF FALL BOND REFERENDUMS AUTHORIZING COUNTY GENERAL OBLIGATION BONDS (11:49 a.m.)

(Rs)

(BONDS) Supervisor DuBois moved that the Board concur in the recommendation of staff and adopt the Resolutions authorizing a Public Safety Bond Referendum in the amount of $125 million and a Parks and Park Facilities Bond Referendum in the amount of $25 million. Supervisor Bulova seconded the motion.

Discussion ensued, with input from Michael Kane, Director, Fairfax County Park Authority, regarding the field locations where the existing grass turf will be replaced with synthetic turf.

23. I-1 – CONTRACT AWARD – 2006 ARCHITECTURAL/ENGINEERING TASK ORDER CONTRACTS (11:51 a.m.)

The Board next considered an item contained in the Board Agenda dated June 5, 2006, requesting authorization for staff to award contracts to Samaha Associates, PC, and PSA-Dewberrry, Incorporated, each in the amount of $300,000 per year, with two additional renewable one-year terms, for consultant architectural/engineering services to support various County capital facility projects.

The staff was directed administratively to proceed as proposed.

24. I-2 – RETIREMENT SYSTEMS COST-OF-LIVING INCREASES FOR 2006 (11:51 a.m.)

The Board next considered an item contained in the Board Agenda dated June 5, 2006, regarding the Retirement Systems cost-of-living increases to become effective July 1, 2006.

The staff was directed administratively to proceed as proposed.

25. I-3 – AMERICAN PUBLIC WORKS ASSOCIATION (APWA) PROJECT OF THE YEAR AWARDS FOR THE NOMAN M. COLE PLANT EXPANSION, THE POHICK TRUNK LINE UPGRADE, AND THE CUB RUN RECenter PROJECT (11:51 a.m.)

The Board next considered an item contained in the Board Agenda dated June 5, 2006, announcing that the Department of Public Works and Environmental Services received the following APWA project awards:

· Project of the Year Award, $10 – $100 Million Environmental Category: The Expansion of the Noman M. Cole Pollution Control Plan beyond 54 MGD to 67 MGD was successfully completed in 2005.

· Project of the Year Award, $2 – $10 Million Environmental Category: The Pohick Trunk Line Upgrade Project consisting of 5,280 linear feet of new 60-inch diameter sanitary sewer pipeline in the County now provides capacity for a peak flow of 125 million gallons per day of sewage flows through the upgraded Pohick Trunk Sewer System.

· Project of the Year Award, $10 – $100 Million Structures Category: The design and construction of the Cub Run RECenter was achieved through a unique partnership of several County entities and resulted in one of the County’s most successful public service facility projects completed in 2005.

26. I-4 – CONTRACT AWARD – OPEN END CONTRACTS FOR CULTURAL LANDSCAPE REPORT CONSULTANT SERVICES (11:52 a.m.)

The Board next considered an item contained in the Board Agenda dated June 5, 2006, requesting authorization for staff to award open-end contracts for cultural landscape report consultant services in a not-to-exceed amount of $250,000 per firm to the following:

· Rhodeside and Harwell, Incorporated of Arlington, Virginia

· John Milner Associates of Charlottesville, Virginia

· Versar, Incorporated of Springfield, Virginia

The staff was directed administratively to proceed as proposed.

27. I-5 – CONTRACT AWARD – OPEN END CONTRACTS FOR ARCHAELOGICAL SERVICES (11:52 a.m.)

The Board next considered an item contained in the Board Agenda dated June 5, 2006, requesting authorization for staff to award open end contracts for archaeological services in a not-to-exceed amount of $250,000 per firm to the following:

· Louis Berger Group of Washington, DC

· URS of Gaithersburg, Maryland

· Wetlands Studies and Solutions of Gainesville, Virginia

The staff was directed administratively to proceed as proposed.

28. I-6 – PLANNING COMMISSION ACTION ON PUBLIC FACILITIES REVIEW APPLICATION 2232-V06-2, T-MOBILE NORTHEAST LLC (MOUNT VERNON DISTRICT) (11:52 a.m.)

The Board next considered an item contained in the Board Agenda dated June 5, 2006, announcing the Planning Commissions approval of Public Facilities Review Application 2232-V06-2, T-Mobile Northeast, LLC. The application sought approval for a proposed facility to consist of three antennas inside a cylindrical cap mounted above the existing 35-foot tall Dominion Virginia Power utility pole with three equipment cabinets mounted on the utility pole (Tax Map 93-4 pt.).

ADDITIONAL BOARD MATTERS

NV:nv

29. EMPLOYEE DESKTOP EMERGENCY GUIDE (11:52 a.m.)

Chairman Connolly said that since September 11, 2001, emergency planning and response has taken on an importance and an urgency that continues to this day. To be effective, emergency planning must be ongoing. Recently he participated in a training session for employees working in the Government Center as they were introduced to the newest guide for no notice, life threatening events.

Citing the recent tragic events at the Sully District Police Station, Chairman Connolly asserted that everyone must be vigilant and prepared to act should danger arise at work, in local neighborhoods, or when traveling through the area. He noted with pleasure that the new desktop guide provides employees with knowledge that will guide and enable them to protect their lives and those of others around them no matter where they might be.

Therefore, Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and asked unanimous consent that the Board direct staff to invite Cheryl McLean of the Facilities Management Department, chair of the committee that developed the Employee Guide, and the rest of the committee to appear before the Board to present their vision and to receive recognition for their accomplishment. Without objection, it was so ordered.

30. CHANGES TO THE SOLID WASTE SECTION OF THE COUNTY’S ENVIRONMENTAL VISION (11:53 a.m.)

Chairman Connolly stated that it had been brought to his attention that the Solid Waste section of the County’s Environmental Vision needs to be updated. He distributed copies of a revised version of the text, prepared by the Department of Public Works and Environmental Services’ Division of Solid Waste staff, showing the proposed changes. These changes reflect the current status of the program including, but not limited to:

· Adoption of the updated Solid Waste Management Plan.

· The current recycling program and recycling rate.

· Deletion of references to Covanta’s bankruptcy, which are now obsolete.

Chairman Connolly noted for the record that the County’s continued use of this document, with the bankruptcy reference, unnecessarily negatively impacts Covanta, which successfully emerged from bankruptcy two years ago.

Accordingly, Chairman Connolly moved adoption of the proposed changes to the County’s Environmental Vision as it pertains to solid waste and recycling operations. Supervisor Gross seconded the motion.

Following discussion noting that these are factual and grammatical changes, not Policy changes, the question was called on the motion, which carried by a vote of eight, Supervisor Kauffman being out of the room, Supervisor McConnell not yet having arrived.

31. VIRGINIA TECHNICAL EDUCATION AWARD (11:55 a.m.)

Chairman Connolly said that since 2004, the Fairfax County Fire and Rescue Department, the Fairfax County Public Schools, the International Association of Fire Fighters, and Local 2068, Fairfax County Professional Fire Fighters and Paramedics, have offered an Emergency Medical Services (EMS) and Fire Science curriculum for high school students. He announced with pleasure that this program was recently selected to receive the Excellence in Career and Technical Education Award by the Commonwealth of Virginia, Department of Education.

Therefore, Chairman Connolly asked unanimous consent that the Board direct staff to invite representatives of the various County entities and organizations responsible for this outstanding effort to appear before the Board to receive recognition for their award. Without objection, it was so ordered.

32. FILL THE BOOT CAMPAIGN (11:56 a.m.)

Chairman Connolly said that for more than half a century over a quarter million firefighters across the United States and Canada have supported the Muscular Dystrophy Association (MDA) in its fight against neuromuscular diseases by raising more than $200 million in annual “Fill the Boot” campaigns. Last year alone, County firefighters raised over $454,000 for the MDA making the County the number one jurisdiction in the nation. On Labor Day weekend firefighters across the nation will join for the annual event, marking the fifty-second anniversary of the International Association of Fire Fighters support of MDA and Jerry’s Kids.

Therefore, Chairman Connolly asked unanimous consent that the Board direct staff to issue a resolution commending the annual “Fill the Boot” campaign scheduled for Labor Day weekend in September and invite appropriate representatives from the Department of Fire and Rescue Services to receive the resolution at the July 31, 2006, Board meeting. Without objection, it was so ordered.

33. MOSQUITO AWARENESS WEEK (11:57 a.m.)

Chairman Connolly stated that the Health Department works diligently each year to inform citizens of methods to prevent mosquito bites. This campaign is recognized across the Commonwealth as a model preventative measure localities can take to help protect their citizens. This year the County was also asked by the Virginia Department of Health to pilot a tick prevention awareness campaign.

Therefore, Chairman Connolly asked unanimous consent that the Board proclaim June 25-30, 2006, as “Mosquito Awareness Week” in Fairfax County and direct staff to invite the appropriate representatives from the Health Department to be recognized with the proclamation at the June 26, 2006, Board meeting. He further asked that Health Department staff be directed to bring their costumes and props.

Following input from Merni Fitzgerald, Director, Office of Public Affairs, regarding the schedule of presentations, without objection, the request was so ordered.

34. HIV TESTING DAY (11:57 a.m.)

Chairman Connolly said that HIV is one of the most crippling illnesses plaguing society today, yet this virus is completely preventable. This year marks the twenty-fifth anniversary of the first case of AIDS. National “HIV Testing Day” will take place on June 27 in an effort to raise awareness and encourage individuals to get tested regularly if they feel they may be at risk. Additionally, the Health Department offers free HIV testing year-round at all five of its district clinics.

Therefore, Chairman Connolly asked unanimous consent that the Board direct the Office of Public Affairs to publicize on Channel 16 “National HIV Testing Day” as well as the free HIV testing services available through the Health Department. Without objection, it was so ordered.

35. HERITAGE TREE PRESERVATION (11:59 a.m.)

Chairman Connolly noted that each year the County supports bills in the Virginia General Assembly that would grant the County increased authority to preserve trees during the development process, and each year it is rebuffed. A resident called to his attention that the County might not be taking full advantage of the authority currently granted by the Commonwealth. Chairman Connolly distributed copies of a memorandum from the Urban Forester that confirms that the County has not employed the authority granted by Virginia Code §10-1-1127.1. Under such an ordinance, the Board could designate certain trees as “heritage,” “memorial,” “specimen,” and/or “street” trees for preservation during land development.

Chairman Connolly said that this issue was last considered in 2001, and at that time staff recommended the County not take advantage of this enabling authority, due to the fact that doing so would likely involve compensating private owners through takings claims. However, while admitting that this would still be a hurdle, staff has changed its position and states that the benefits outweigh the difficulties of administering the program. Given this Board’s commitment to the environment, demonstrated by the 20-Year Environmental Vision, its annual efforts to extract more tree preservation authority from the General Assembly, and its “2006 Trees in 2006” Program, he asserted that it is important that the County take full advantage of enabling tree save legislation.

Accordingly, Chairman Connolly moved that the Board direct the County Attorney, with input from the Urban Forester, to draft a heritage tree preservation ordinance such as that granted by Virginia Code §10-1-1127.1, and present it to the Board’s Environmental Committee for its consideration and recommendation. Supervisor Gross seconded the motion and noted that this would be scheduled before the Environmental Committee in the fall.

Supervisor Gross asked unanimous consent that the Board direct the County Attorney to look at tree save in the context of individual trees within a neighborhood, not just during the land development process. Without objection, it was so ordered.

Supervisor Smyth asked unanimous consent that the Board direct staff to determine the County’s current authority to protect trees in a “by-right” development and also provide definitions of the different categories of tree designations. Without objection, it was so ordered.

Vice-Chairman Bulova relinquished the Chair to Acting Chairman Kauffman and asked unanimous consent that the Board direct staff to provide a report on the trees currently identified in the special categories. Without objection, it was so ordered.

Acting Chairman Kauffman returned the gavel to Vice-Chairman Bulova.

36. TYTRAN INTELLIGENT TRANSPORTATION SYSTEM (ITS) GRANT (12:03 p.m.)

Chairman Connolly said that using technology to improve the operation of the transportation network is cost effective and an integral part of the Board’s Four Year Transportation Plan. TYTRAN, the Tysons Transportation Association, has applied for and received a 50 percent federal ITS deployment grant in the amount of $215,396. This project will create a database of traffic information and expand the existing traffic camera network in and around Tysons Corner. Information from the expanded network will be made available to Tysons Corner commuters via the website of the Virginia Department of Transportation. TYTRAN has been able to obtain or provide a portion of the required 50 percent match for the federal grant, but not the entire amount. TYTRAN has approached the County to request that the remaining funds be provided from the Tysons Transportation Fund. As a condition of receiving Tysons Transportation Fund money, TYTRAN has agreed to provide quarterly reports to the Department of Transportation substantiating progress on the project and itemizing the use of the cash match for the project.

Chairman Connolly noted that TYTRAN has reorganized and this type of request is new. It previously operated from a proffer. He said that he was heartened that the organization is becoming more action oriented.

Noting that he consulted with staff and it supported the application, Chairman Connolly moved that the Board:

· Approve the use of up to $75,000 from the Tysons Transportation Fund to serve as a portion of the local cash match.

· Direct staff from the Department of Transportation to monitor the use of these Tysons Transportation Fund monies.

Supervisor Hyland seconded the motion.

Discussion ensued, with input from Katharine Ichter, Director, Department of Transportation, regarding administration of the project, TYTRAN’S reorganization, the lack of communication by TYTRAN with the affected district Supervisors, the possibility of a lapse in the grant funding without the matching funds, and reporting requirements.

Chairman Connolly asked unanimous consent that the Board direct staff to communicate with TYTRAN to request it to work with all relevant Board Members who represent the area. Without objection, it was so ordered.

Following input from Ms. Ichter regarding reporting requirements, Supervisor Smyth asked unanimous consent that the Board direct staff to request from TYTRAN documentation regarding the reorganization, financial program, commitments, et cetera. Without objection, it was so ordered.

Vice-Chairman Bulova clarified for the record that this action is conditional of receiving TYTRAN’S agreement to provide quarterly reports and substantiating its progress on the project, and itemizing the use of the cash match for the project.

The question was called on the motion, as clarified, which carried by a vote of nine, Supervisor McConnell not yet having arrived.

37. TYSONS CORNER LAND USE TASK FORCE (12:13 p.m.)

(BACs) Chairman Connolly reminded the Board that the Tysons Land Use Task Force was created just over one year ago and charged with updating Tysons Corner’s existing Comprehensive Plan, in a manner as public and inclusive as possible. Earlier this year, the task force reached out to surrounding communities and constituencies to collect visions of what these stakeholders wanted Tysons to be specifically.

Chairman Connolly distributed copies of a letter, previously sent to all Members of the Board, from the members of the task force. In it they requested professional assistance in developing Comprehensive Plan recommendations that incorporate both the community’s requests for what Tysons Corner should become with sound yet innovative planning principles. The task force requests that it be allowed to retain the services of a preeminent urban planning firm, as it helps the task force develop these Comprehensive Plan recommendations, to synthesize the input gathered and work completed to date and to create visual representations of any proposed Plan changes to provide community members and decision-makers as much information as possible.

Chairman Connolly said that an attachment to the task force’s letter details a draft scope of work intended for the proposed new consultant to complete, tasking the consultant with:

· Utilizing the existing background information.

· Developing an Urban Center Model.

· Analyzing the various alternatives’ potential effects on public infrastructure.

· Assisting/presenting their findings during subsequent community outreach efforts.

· Developing Plan text recommendations.