Minutes

REGULAR COUNCIL MEETING
DECEMBER 18, 2006


The Town Council met in regular session on Monday, December 18, 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, Daniel M. Dellinger, Edythe F. Kelleher, George E. Lovelace, Michael J. Polychrones, and Maud F. Robinson. Also present were John H. Schoeberlein, Town Manager; Steven D. Briglia, Town Attorney; and Carol A. Orndorff, Town Clerk.

The invocation was offered by Mr. John Russo, Chairperson of the Local Spiritual Assembly of the Baha’i; 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 December 4, 2006

It was moved for the approval of the Minutes of the Regular Council Meeting of December 4, 2006.

Motion: Polychrones
Second: Cole
Motion carried unanimously




RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC

Mr. Jackson Layton, addressed Council and stated he was a resident of the Town of Vienna and was a present with a group of students interested in history. Mr. Layton stated they were requesting a statute of Stonewall Jackson to be erected in the new Town Green Park, as a means to show that the Town honors its history.

Mayor Seeman discussed with Mr. Layton that the park design had been completed and approved some time ago; that the Town Council appreciated the student’s interest; and that a beautiful fountain was being erected in honor of those who have served in defense of the Country in the various wars. The Mayor also spoke of the importance of history in Virginia and of the upcoming Jamestown 400 Celebration and the various plans which are being implemented by the Town for this event. Councilwoman Robinson spoke on the historic designation marker located at the Freeman House on Church Street and inquired if the students had visited the store, to which Mr. Layton responded he had not. Councilwoman Robinson suggested that they visit the store as it represents an important historical time period and location within the Town having been utilized by both the South and the North during the war between the States. Councilman Dellinger invited Mr. Layton and the other students to visit the American Legion Post, as this site also contains a Civil War Historical Marker, as several bunkers were still in evidence.

Mr. Randy Jacobs, 608 DeSale Street, S.E. addressed Council and spoke on the subject of illegal immigration. He expressed concern relative to the number of, what he feels are illegal aliens, who congregate at the shopping center at Park Street and Cedar Lane every day; he is concerned regarding his own safety and those of the school children across the street. Mr. Jacobs stated that more should be done to eliminate illegals from housing and employment and questioned what the Town was doing to control this type of activity.

Mayor Seeman spoke on the measures being utilized by the apartment owners and management company to rent units only to legal citizens; and the shopping center efforts to prevent loitering. The Mayor also indicated she would request the Chief of Police to speak with Mr. Jacobs regarding his safety concerns.

Mr. Jacobs entered into the record two news articles which he had read this date, “Prince William Co. Wants to Know Cost of Illegals” and “New Suspect in Deadly Hit and Run”. (Copies attached to Official Minutes.)

Mayor Seeman recognized in the audience four Boy Scouts from Troop #152 and Troop #187, who were present working on their Citizenship in the Community Merit Badges.





REPORT AND INQUIRIES OF COUNCIL MEMBERS

Councilwoman Kelleher reported on attending the Fairfax County Planning Commission hearing the previous week wherein, the Commission held its public hearing on Application 2232 WAMATA Elevated Rail at Tysons Corner, Phase 1. She stated she presented into the record the Resolution adopted by the Town Council requesting that competitive bids be received on both the tunnel concept plan as well as the elevated rail plan. Councilwoman Kelleher stated the County Planning Commission has deferred decision on the matter at this time based on the Commission’s interest in finding a method to not disapprove the current application and preclude consideration of the tunnel configuration.

Mayor Seeman commented that she had been informed by Capt. (Ret.) Jack Mitchell that the first batch of petitions regarding the tunnel are being sent to the Governor tomorrow.




REPORT OF THE TOWN MANAGER

None




REPORT OF THE MAYOR

Mayor Seeman stated that on the previous Saturday she had worked with CHO at the Presbyterian Church distributing clothing and toys. The Mayor stated that distribution was made to 92 families with a total of 226 children; that during the 2006 year, CHO has assisted 197 families with 370 children.

Mayor Seeman spoke of attending the Fairfax County Legislative Breakfast, where she obtained several interesting factors; ten (10) initiatives, one of which is to prohibit wireless communication devices for teenage drivers; and the use of public improvement escrow funds in the same manner as the Town. Other initiatives to be presented to the General Assembly were regional positions re the use of photo red-light, pedestrian safety, and transportation funding. County positions were in regard to telecommunications, opposing efforts to prohibit local authority in land use decisions, oppose restrictions to well established local government authority, preserve local control over road and property management and restrict VDOT’s ability to act unilaterally in creating or altering telecommunication facilities. The Mayor further spoke that one initiative which the Town has been considering for some time was relative to time limits for completion of residential construction projects; this would give local authority the ability to set time limits when building permits have been issued. Mayor Seeman indicated that she would speaking to our legislative delegation regarding this initiative and felt it would provide the Town with the necessary authority to alleviate some of the construction problems which have occurred in the past several years. The Mayor also stated that she had spoken with the General Registrar of Fairfax County during the same meeting regarding satellite voting for the Vienna election; to which the General Registrar had indicated that she would look into providing this service as it sounded like a great idea.

Mayor Seeman discussed with the Town Manager the providing of directional signage on Maple Avenue to the Police Station, Community Center, and Town Hall. Mr. Schoeberlein stated the old sign machine had broken down, a new one had to be ordered which has now arrived and that the signs were being currently being made.

Mayor Seeman at this time reported on the Closed Session convened this date at 7:15 P.M. She stated the Town Council had conducted an interview with Mr. William Harrison for possible reappointment to the Town/Business Liaison Committee; and that further discussion had transpired regarding other Board and Commission vacancies; that no other business had taken place during the Closed Session.

It was moved that the members of the Vienna Town Council be polled to affirm that during the Closed Session convened this date, December 18, 2006, an interview for Board/Commission reappointment was conducted along with discussion of existing vacancies. 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 January 8, 2007 and January 29, 2007 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 conducting of interviews with individuals interested in appointment and/or reappointment to Town Boards and Commissions.

Motion: Kelleher
Second: Robinson
Carried unanimously – Poll vote

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

As previously noted the Town Clerk conducted a Poll vote of the members of Council and thereafter, executed the Certification Resolution as required by statute. (Copy attached to Official Minutes.)

It was moved that Mr. William Harrison be reappointed to the Town/Business Liaison Committee for a two year term of office, said term to be retroactive to June 24, 2006 and to expire June 24, 2008.

Motion: Kelleher
Second: Dellinger
Carried unanimously





PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA

The Town Attorney indicated that he had received a call from the Verizon representative who had stated that Verizon was pleased to announce that they will begin to offer cable T.V. service to selected areas within Town that have been wired; and that Verizon is on schedule.





REQUEST APPROVAL OF ADDITIONAL FUNDING FOR THE CURRENT HVAC CONTRACT TO COMPLETE THE INSTALLATION OF THE REQUIRED FIRE SUPPRESSION SYSTEM, TO INCLUDE INSTALLATION FROM GUNNELL & SON,INC. FOR THE NEW OFFICE OF THE POLICE DEPARTMENT’S CRIMINAL INVESTIGATION SECTION, LOCATED AT TOWN HALL.

It was moved for approval of additional funding for the current HVAC contract with Gunnell & Son, Inc. to complete the installation of the required fire suppression system in the new office of the Police Department’s Criminal Investigation Section, located in the basement of Town Hall, at a total cost not to exceed $3,500.00.

Motion: Polychrones
Second: Robinson
Carried unanimously – Poll vote

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





APPROVAL OF SIGNAGE FOR “ANYTIME FITNESS” LOCATED AT 111 CHURCH STREET, N.W., IN THE C-1B PEDESTRIAN ZONING DISTRICT,IN ACCORDANCE WITH CHAPTER 18, ZONING, SECTIONS 18-87-6, FILED BY RUTH M. VAN LANDINGHAM OF SERVICE NEON SIGNS, INC.

Mrs. Linnea Fechter, Planner, Department of Planning & Zoning, addressed Council and presented the application as filed by Anytime Fitness and indicated the proposed sign meets the requirements for the façade sign square footage allotment. The sign is proposed to be located to the right of the second floor windows which is an approved area of signage as indicated on the Master Sign Plan; the overall size of the sign will be 13 5/8” x 49” (4.74 square feet.) However, the applicant is proposing a sign which does not comply with the design elements of the approved Master Sign Plan; the nonconforming elements of the proposed sign are the color of the proposed stud mounted lettering and the font style of the lettering. Mrs. Fechter further stated that it is the recommendation of staff that the proposed façade sign meets the Church Street Vision code requirements for location, size and materials however, it does not match the architecture of the building and is not consistent with the existing signage on the building. The Department of Planning & Zoning does not recommend approval of the proposed façade sign.

Councilwoman Robinson questioned if the applicant was fully aware of the provisions of the Code requirements. Mr. Greg Hembree, Director of Planning & Zoning, responded that he could not respond as to the applicant knowledge of the requirements however, he has scheduled a meeting with the principal parties on Tuesday to discuss the various issues.

Mr. John Fletcher, co-owner, Anytime Fitness, was present and apologized for the sign not meeting requirements and for its installation prior to approval. He did point out that the proposed sign was the national logo for the corporation and felt it met requirements; but would be happy to meet with Mr. Hembree to work out the details.

The Town Manager indicated the sign company representing Mr. Fletcher has done many signs in the Town and should have known not to install the sign prior to approval.

It was moved for disapproval of signage for Anytime Fitness located at 111 Church Street, N.W. in the C-1B Pedestrian zoning district in accordance with Chapter 18, Zoning, Sections 18-87.4 through 18-87.6.

Motion: Cole
Second: Lovelace
Carried unanimously – Poll vote

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

Mayor Seeman thanked Mr. Fletcher for his cooperation regarding the signage and code requirements and wished him success in the business.


It was moved to adjourn.

Motion: Robinson
Second: Cole
Carried unanimously


The Regular Meeting of Council adjourned at 9:05 P.M.

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