Minutes

REGULAR COUNCIL MEETING
September 25, 2006


The Town Council met in regular session on Monday, September 25, 2006, in the Council Room of the Town Hall, 127 Center Street, South. Mayor M. Jane Seeman, called the meeting to order with the following members of Council present: Laurie G. Cole, Edythe F. Kelleher, George E. Lovelace, Michael J. Polychrones, Maud F. Robinson, and Sydney H. Verinder. Also present were John H. Schoeberlein, Town Manager; Steven D. Briglia, Town Attorney; and Carol A. Orndorff, Town Clerk.

The invocation was offered by Rev. Craig Burns, Vienna Assembly of God Church; followed by the Pledge of Allegiance to the Flag of the United States of America.


APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF SEPTEMBER 11, 2006.

It was moved for the approval of the Minutes of the Regular Council Meeting of September 11, 2006.

Motion: Cole
Second: Lovelace
Motion carried: 6/1 abstention

Abstaining: Polychrones (Not present at 9/11/06 Meeting)



RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC

Reverend Craig Burns addressed Council and stated as a runner and utilizing the W&OD Trail, spoke on several experiences involving bicyclists which have occurred over the last six months. He stated that on several occasions he has received loud, abusive and aggressive behavior from bicyclists on the trail; not only has he experienced such behavior but has witnessed the same to other runners and walkers. He requested Police presence on the trail to enforce the stop signs; he would also request that a 25 MPH speed sign be posted on the trail as many of the bicyclists are exceeding that speed and have almost caused serious accidents. Reverend Burns stated this serious situation is increasing day by day and should not be allowed as the trail is for the enjoyment of all.

Mayor Seeman stated that she would contact the Park Authority by letter voicing the concerns and requesting resolution of this type of behavior on the trail.

Mr. Robert McCormick stated the Vienna Optimist Club was sponsoring a walk on Saturday, October 7, 2006 beginning at the Train Station, for benefit of “Growing Hope.” He stated that Growing Hope was started in 1998 by three parents who wanted to fill a void by supporting families who have a child with cancer; and that the Vienna Optimist have adopted this worthwhile program in the Northern Virginia area. Mr. McCormick stated that all proceeds reach the children and their families and encouraged all present to come out on October 7th and participate in the fund raising walk.




REPORT AND INQUIRIES OF COUNCIL MEMBERS

Councilman Sydney Verinder at this time announced his resignation from the Town Council, effective October 1, 2006; and read into the record his letter of resignation. (Copy attached to Official Minutes.) Councilman Verinder stated that he would be retiring from his employment in the near future and he and Laura would be relocating to Caroline County, below Fredericksburg.

Mayor Seeman and Members of Council each expressed their best wishes to Councilman Verinder and Laura on their new venture; that it had been an honor to have served with him on the Town Council and that he would be greatly missed.

Mr. Jack Mitchell, President, Westbriar Civic Association, extended best wishes to Councilman Verinder and made note of the good work he had provided to the Town during his tenure.

Councilwoman Cole spoke of the passing of Mrs. Karen Hackney, a member of the Vienna Jaycees and the member responsible for the farmers market. Councilman Polychrones also spoke on Mrs. Hackney’s passing and of her work over the years in the Vienna Jaycees.

Councilwoman Robinson spoke of the passing of Mr. Tommy Staats father, who had lived in Vienna his entire life. Mayor Seeman indicated that she had read about the Staats family in Mayo Stuntz’s Book on Vienna.



REPORT OF THE TOWN MANAGER

None



REPORT OF THE MAYOR

Mayor Seeman spoke of having recently met with Mr. Vernon Hill, President, Commerce Bank, who had grown up in Vienna. She stated his father, Mr. Vernon Hill, Sr., had for many years been a partner in a successful business, Myers & Hill Real Estate. The Mayor further stated that Mr. Hill had expressed many fond memories of growing up on Ware Street and was happy to again have contact and reacquainting with the Town and the people.

Mayor Seeman announced that LeMay Erickson, Architects, has received the distinguished architecture award from the American Institute of Architects. The Mayor indicated that the company has performed work on a number of the Town’s projects and it was good to see the company had been recognized.

Mayor Seeman reported on the Closed Session convened this date at 7:15 P.M., stating the meeting had been called for the purpose of discussing matters of personnel relating to the Town Council and Boards and Commissions; that no other business had been discussed.

It was moved that the members of the Vienna Town Council be polled to affirm that during the Closed Session convened this date, September 25, 2006, discussion relative to matters of personnel regarding the Town Council took place. It was further moved that the Certification Resolution be adopted and executed in accordance with State Statutes, and the Town Clerk is authorized to execute the Certification Resolution. It was further moved that the Closed Session be continued to October 2, 2006 at 7:15 P.M., in accordance with Virginia Code Section 2.2-3711.A (1) for the purpose of discussing matters of personnel, specifically the vacancies on Town Boards and Commissions; and in accordance with Virginia Code Section 2.2-3711.A (7) for the purpose of discussing with the Town Attorney probable matters of litigation.

Motion: Kelleher
Second: Polychrones
Motion carried unanimously
Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman

As noted above, the Town Clerk conducted a Poll vote of the Members of Council and thereafter, executed the Certification Resolution. (Copy attached to Official Minutes.)



PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA

None



WALL WAIVER REQUEST FROM THE REQUIREMENTS OF SECTION 18-172 OF THE TOWN CODE, FOR TIFFANY PLACE UNIT OWNERS ASSOCIATION, TO REPLACE THE EXISTING MASONRY WALL WITH VINYL PRIVACY FENCING. FILED BY JOE GIAMPA, PRESIDENT AND AGENT FOR TIFFANY PLACE UNIT OWNERS ASSOCIATION.

Mayor Seeman stated this item had been deferred from the September 11, 2006 meeting to allow for Council to receive additional information on the matter.

Mr. Mark Cowen, 300 F. Locust Street, S.E., indicated that at the last meeting discussion had taken place relative to the proffer and their attorney was present to convey her findings.

Ms. Alexandra Spalding, Attorney, representing Tiffany Place, indicated that she was present to speak only on the issue of the proffer. She submitted for consideration, that the back wall is not included within the proffer; and referenced the proffer statement dated 4/8/83, 4/10/83, along with the letter of request 8/5/83 for consideration of modifications to the proffer. She stated the original proffer statement, paragraph 1, calls for “6’ high brick wall shall be constructed along the northeasterly boundary approximately 13’ off the northwesterly boundary along the line and to the extent indicated on the development plan.” She spoke on the modification request which states “the 6’ high brick wall shall be constructed along the northeasterly boundary on the property line to the extent as indicated on the revised development plan dated August 5, 1983.” Ms. Spalding stated that in the modification request, paragraph one completely supersedes the original paragraph one of the proffer statement, and that it only speaks to the masonry wall for the northeasterly boundary, which has already been replaced, as it is the dividing line between the condominiums and the single family homes. She further stated this would mean that the back wall and proper medium to build the back wall would have been left to the Town Codes; this would bring the matter back as a waiver request versus a proffer amendment.

Mayor Seeman called upon the Town Attorney to opine on the matter as presented.

Mr. Briglia stated you cannot read the statements or letters in that context, as there was an amendment to change the number of houses in one section and Council had concerns about there not being multi-family units on one side and single family on the other; his interpretation of the matter is that Council wanted to make sure there was a break between the multi family and single family and not as a substitution for the brick wall requirement; it reads “modification” not “substitution.”

Thereafter, discussion took place relative to the language as contained on the development plan and modification statements; along with interpretation of site plan modification versus waiver requests and Town Code procedural requirements.

Mr. Vince Olson, 603 Valley Drive, S.E., addressed Council and stated he was a member of the Town Council at the time this development was up for approval. He stated the wall for the complete length of the alley-way was required; the other wall between the single family and the condominiums was added when the change was made as to the type of buildings. Mr. Olson indicated the issue of cost was valid as the residents have known for several years the wall was coming down and nothing had been done; a precedent would be established if the Town Council allowed anything other than a masonry wall to be constructed.

It was moved for disapproval of a wall waiver request from the requirements of Section 18-172 of the Town Code for Tiffany Place Unit Owners Association, to replace the existing masonry wall along its northwesterly property line and the Maple Avenue Shopping Center with vinyl privacy fencing.

Motion: Cole
Second: Lovelace
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman




AWARD OF IFB #07-05 TO RICHMOND MACHINERY & EQUIPMENT IN AN ESTIMATED AMOUNT OF $22,040.00 FOR ONE “DECK OVER TRAILER BODY” FOR THE STREET MAINTENANCE DIVISION, UNDER THE APPROVED TOWN OF VIENNA VEHICLE REPLACEMENT PROGRAM.

It was moved for approval to award IFB #07-05, one Deck-over-Trailer Body, to Richmond Machinery & Equipment with a bid price of $22,040.00 under the Vehicle Replacement Program for vehicle number 116, for the Street Maintenance Division. It was further moved that funds for this purchase come from the approved Fiscal Year 2006-2007 Vehicle Replacement Program as listed on Page 9.

Motion: Lovelace
Second: Verinder
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman




AWARD OF IFB #07-04 TO CRISWELL CHEVROLET IN AN ESTIMATED AMOUNT OF $77,450.00 FOR ONE “CAB AND CHASSIS WITH 10 FOOT DUMP BODY” FOR THE STREET MAINTENANCE DIVISION, UNDER THE APPROVED TOWN OF VIENNA VEHICLE REPLACEMENT PROGRAM.

It was moved for approval to award IFB #07-04, one Cab & Chassis with 10’ Dump Body, to Criswell Chevrolet, Inc., with a bid price of $77,450.00. It was further moved that funds for the purchase come from the approved Fiscal Year 2006-2007 Vehicle Replacement Program as listed on Page 9 for Vehicle Number 28.

Motion: Polychrones
Second: Robinson
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman




REQUEST AUTHORIZATION FROM COUNCIL TO SPEND CAPITAL IMPROVEMENT PROJECTS (CIP) BOND FUNDS FOR WESTBRIAR COURT DRAINAGE IMPROVEMENTS, UNDER IFB #05-10, ANNUAL CONTRACT FOR GENERAL CONSTRUCTION SERVICES WITH SAGRES CONSTRUCTION CORPORATION, IN AN ESTIMATED AMOUNT OF $147,493.00.

It was moved for approval of the proposal from Sagres Construction Corporation for a design build construction project for Westbriar Court Drainage Improvements, under contract IFB 05-10, Annual Contract for General Construction Services, in an estimated amount of $147,493.50.

Motion: Cole
Second: Robinson
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman




REQUEST FROM STAATS DEVELOPERS TO REDUCE THE PUBLIC IMPROVEMENTS BOND TO 10%, OR $7,180.00 FOR 230 AND 234 PLEASANT STREET, S.W. AND 205 COURTHOUSE ROAD, S.W.

It was moved for approval that the original letter of credit for the 230 and 234 Pleasant Street, S.W. and 205 Courthouse Road, S.W., in the amount of $71,800.00 be reduced to 10% or $7,180.00 for a two (2) year maintenance cash bond. It was further moved that the Town Clerk be authorized to accept the 230 and 234 Pleasant Street, S.W. and 205 Courthouse Road, S.W. two year maintenance bond of $7,180.00 and to release the original letter of credit.

Motion: Robinson
Second: Kelleher
Carried unanimously - Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman




AWARD OF RFP #07-01, CLASSIFICATION AND COMPENSATION STUDY, TO ARCHER CONSULTING GROUP, IN AN ESTIMATED AMOUNT OF $34,235.00.

It was moved for approval to award RFP 07-01 to the Archer Consulting Group in an estimated amount of $34,235.00. It was further moved that the Mayor be authorized to sign the contract with Archer upon review of said document by the Town Attorney.

Motion: Robinson
Second: Cole
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman




REQUEST APPROVAL OF PROPOSED CHANGES TO THE TOWN OF VIENNA EMPLOYEE’S 2007 HOLIDAY SCHEDULE, SPECIFICALLY FOR MONDAY, DECEMBER 24, 2007 AND MONDAY, DECEMBER 31, 2007.

It was moved for approval of the proposed change to the Town Employee 2007 Holiday Calendar, providing for Monday, December 24, 2007 and Monday, December 31, 2007, as full day holidays.

Motion: Mayor Seeman
Second: Robinson
Motion carried: 6/1 – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Mayor Seeman
Voting Nay: Verinder





REQUEST FOR INCREASING BLANKET PURCHASE ORDER WITH AAC OF TYSONS CORNER, VIRGINIA, FOR NETWORK TECHNICAL SUPPORT, IN THE AMOUNT OF $15,000.0 FOR FISCAL YEAR 2006-2007.

It was moved for approval for the I.T. Administrator to request that the Purchasing Department issue a blanket purchase order for $15,000.00 with vendor AAC, Inc. of Tysons Corner, Virginia to cover two planned projects and potential emergency network expenses in Fiscal Year 2006-2007.

Motion: Lovelace
Second: Cole
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman

It was moved to Amend the Main Motion, that said approval amount shall not exceed $15,000.00.

Motion: Verinder
Second: Lovelace
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman





REQUEST FOR APPROVAL TO RIDE COMMONWEALTH OF VIRGINIA CONTRACTS TO PURCHASE ONE CROWN VICTORIA POLICE INTERCEPTOR, AND THREE CHEVROLET IMPALAS,, ALL MODEL YEAR 2007, FOR THE VIENNA POLICE DEPARTMENT, IN A TOAL AMOUNT OF $78,787.00.

It was moved for approval for the Police Department to ride the Commonwealth of Virginia Contract #3000-70 for the purchase of one Ford Crown Victoria Police Interceptor Vehicle at a cost of $23,862.00. It was further moved for approval for the Police Department to ride the Commonwealth of Virginia Contract #2090-70 for the purchase of three Chevrolet Impalas at a total cost of $54,925.00.

Motion: Polychrones
Second: Kelleher
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman





REQUEST APPROVAL TO RIDE U.S. COMMUNITIES CONTRACT FOR THE PURCHASE OF FURNITURE FOR THE NEW OFFICE OF THE POLICE DEPARTMENT’S CRIMINAL INVESTIGATION SECTION, LOCATED ON THE LOWER LEVEL OF TOWN HALL, IN AN ESTIMATED AMOUNT OF $36,085.00.

It was moved for approval of the Police Department to ride U.S. Communities Contract #NO51017 for the purchase of furniture for the new office of the Police Department’s Criminal Investigations Section located at Town Hall, from Price Modern of Washington at a total cost of $36,084.87.

Motion: Cole
Second: Mayor Seeman
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman





REQUEST APPROVAL FOR WAIVER OF THE COMPETITIVE PROCUREMENT PROCESS (OUT OF TIME CONSTRAINTS) IN THE ACQUISITION OF AN HVAC SYSTEM FOR THE NEW OFFICE OF THE POLICE DEPARTMENT’S CRIMINAL INVESTIGATION SECTION, LOCATED ON THE LOWER LEVEL OF TOWN HALL, FOR AN ESTIMATED AMOUNT OF $15,333.00.

It was moved for approval to waive the competitive procurement procedures for the purchase and installation of an HVAC system, due to the adverse effect that a delay would cause the project. It was further moved for approval to purchase a complete HVAC system to include installation, from Gunnell & Son, Inc., for the new office of the Police Department’s Criminal Investigation Section, located at Town Hall, at a total cost of $15,333.00.

Motion: Polychrones
Second: Kelleher
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman





REQUEST APPROVAL TO RIDE GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SERVICE CONTRACT FOR THE PURCHASE OF COMPUTER RELATED EQUIPMENT FOR THE NEW OFFICE OF THE POLICE DEPARTMENT’S CRIMINAL INVESTIGATION SECTION, LOCATED ON THE LOWER LEVEL OF TOWN HALL, AT A TOTAL COST OF $13,769.00.

Councilman Verinder disclosed that in his position with the Federal Government, he was at various times associated with GSA.

It was moved for approval of the Police Department to ride GSA Contract #GS-35F-0195J for the purchase of computer related equipment for the new office of the Police Department’s Criminal Investigations Section, located at Town Hall, from CDW-G, at a total cost of $13,768.88.

Motion: Verinder
Second: Kelleher
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman




It was moved to adjourn.

Motion: Robinson
Second: Verinder
Carried unanimously




The Regular Meeting of Council adjourned at 10:15 P.M.

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