Minutes

REGULAR COUNCIL MEETING
JANUARY 8, 2007


The Town Council met in regular session on Monday, January 8, 2007, 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 Councilman Michael J. Polychrones; 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 18, 2006.

It was moved for the approval of the Minutes of the Regular Council Meeting of December 18, 2006.

Motion: Cole
Second: Dellinger
Motion carried unanimously




RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC

Mrs. Lynn Sanderson, 304 George St., S.W., addressed Council and requested that someone speak with homeland security and seek grant funds to upgrade the street signs; and thereafter, spoke about the sign at George Street.

Mayor Seeman indicated that the Department of Public Works had straightened the sign at George Street and that the Town had just obtained a new sign machine and the Department would be making new signs where necessary.

Mr. Michael Covel, 130 Pleasant St., N.W., inquired when did the policy change allowing citizens of the Historic District to sit on the Windover Heights Review Board.

Mayor Seeman indicated she was not aware of any such policy in this regard; just citizens at large along with representatives from the Boards.

Mr. Covel thereafter, spoke on the appropriateness or non-appropriateness of the latest appointment to the Windover Heights Review Board.

Ms. Layne Hyde, 230 Lovers Lane, N.W. addressed Council and stated that she had been a member of the Windover Heights Review Board and that at no time did anyone express any disagreement regarding her being on the Board and also a resident of the Historic District.

Mr. Dan Mulville, 200 Church Street, N.E., spoke on his attendance at the County Board of Supervisors Meeting this date, and felt that Chairman Connolly was in favor of the competitive bidding process for both the elevated and tunnel rail system at Tysons Corner. He further stated that he felt Chairman Connolly had done an excellent job in outlining the basic guidelines.

Mayor Seeman at this time recognized two Boy Scouts in the audience, who indicated they were members of Troop #152 and were working on their Citizenship in the Community Merit Badge.



REPORT AND INQUIRIES OF COUNCIL MEMBERS

Councilwoman Cole stated that she had also attended the County Board of Supervisors Meeting regarding the Tysons Corner Rail proposal. She stated that Supervisor Kauffman had presented the agenda item with the joint sponsorship of Chairman Connolly and Supervisors Smyth, Hudgins and Dubois. It was a statement of principals and affirmed their support of rail to Dulles and their strong preference for a tunnel and requested the constructing authority to consider the local needs in choosing between the aerial and tunnel options; they affirmed the need for the tunnel option to compete in the bidding process. The item was unanimously approved with all of the Supervisors speaking in favor of the proposal. Councilwoman Cole further indicated that each member of the Board had expressed they did not want the tunnel option to delay the rail to Dulles; the rail to Dulles being more important issue than the tunnel. She indicated that Supervisor Frey had made an excellent point that currently the tax special tax district that supports the County’s contribution is $400 Million Dollars short of the necessary contribution because the County has the only elastic share of the rail to Dulles cost; the Federal and State contributions are fixed, and that he was concerned that all of the County’s transportation resources heading in that direction, when there are major traffic issues in the southern part of the County.

Councilwoman Cole announced that the County School Board was conducting public hearings this evening and on Tuesday, considering the boundary change for the GT Center at Kilmer School which will affect the elementary schools located in Vienna. The Board will not be voting on this item until February 22, 2007 so there is still time for citizen input. The Louise Archer parents have put in a lot of work on this issue utilizing the school district’s own figures and they make a compelling case for keeping the Vienna students in the Vienna pyramid.

Councilwoman Kelleher spoke on Council receiving notification of a proposed rezoning just outside the Town limits off of Beulah Road. She indicated the proposed rezoning did come through the Hunter Mill Land Use Advisory Committee, who in turn recommended approval. The important parts of the development concern storm water management and sidewalk.

Councilwoman Robinson announced that she would be a candidate for re-election in the upcoming May Town Election. She indicated that she was running on her long record of constructive effort in the Town, to work with others to make it the community that everyone enjoys today; that she has a steadfast commitment in retaining the small town identity and saw no reason why the Town could not go forward and still retain Vienna as Vienna. That, with her long experience in the Town as a citizen, board and commission member and now a member of Council, give her the experience to deal with the many issues that confront the Town.

Councilman Polychrones spoke on the upcoming Virginia Municipal League Legislative Day on February 1st and indicated that it was also a VML Executive Committee meeting date. He stated that with the recent FCC decision re cable he has requested that this matter be placed on the agenda of the Executive Committee in preparation that VML join with other States in possible litigation against the FCC for over reaching
their authority.



REPORT OF THE TOWN MANAGER

Mr. Schoeberlein stated that last week the Town completed its leaf grinding operation, well in advance of schedule. The mulch is currently being delivered to those who have submitted requests and we hope there will be enough to meet demand.



REPORT OF THE MAYOR

Mayor Seeman spoke of an article appearing in the Sun Gazette regarding her request that the Electoral Board provide satellite voting in Vienna. The Mayor indicated the Board is looking at this aspect for the November elections, however, it would not be cost effective to provide this for the Town Election as only 44 persons voted by absentee. Mayor Seeman indicated that this was the first step in the process and would continue in this effort.

She spoke of a statement appearing in the Gazette article regarding Mr. Dennis King’s retirement wherein, it refers to remarks by the Mayor concerning a policy governing white goods. Mayor Seeman stated that what she said was “she thought the Town would work on a policy on white goods where people could hire a private hauler and the Town reimburse them up to a certain amount. She wanted to clarify the matter that there was no established policy as of yet.

The Mayor spoke of former Town employee Katrina Newtson, who is now with Fairfax County, and would like to set up a Tysons Corner informational meeting for the Hunter Mill/Vienna area on January 31, 2007, 7:00 P.M. to 9:00 P.M. at Westbriar School.

Mayor Seeman stated she received an e-mail from Jennifer Weeks, with PB Placemaking, which is the group working on the Tysons Corner Comprehensive Plan update. She has requested an interview with the Mayor regarding the concerns of the Town relative to the Tysons Corner redevelopment. Mayor Seeman requested that members of Council convey what they feel should be addressed.

Mayor Seeman stated that Supervisor Hudgins would be the guest speaker on Tuesday evening at the Mayor’s Advisory Meeting and invited all members of Council to attend, along with members of the public.

The Mayor stated that in the December issue of Virginia Business Magazine, Mr. David Hall, the former Prosecutor for the Town had been named one of Virginia’s “Legal Elite” in Criminal Law.

Mayor Seeman reported on the Closed Session convened this date at 7:00 P.M., for the purpose of conducting interviews with individuals interested in reappointment to Town Boards and Commissions. She indicated Council Members had interviewed Mr. Don Chumley for possible reappointment to the Board of Zoning Appeals and Mr. George Creed to the Planning Commission. The Mayor state that no other business had been conducted.

It was moved that the members of the Vienna Town Council be polled to affirm that during the Closed Session convened this date, January 8, 2007, interviews with individuals interested in Board/Commission reappointment was conducted. 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 29, 2007 at 7:00 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 noted above the Town Clerk conducted a Poll vote of the Members of Council, recorded same and executed the Certification Resolution. (Copy attached to Official Minutes.)

It was moved that Mr. Don Chumley be recommended to the Fairfax County Circuit Court for reappointment to the Board of Zoning Appeals for a term of five years. It was further moved that Mr. George Creed be reappointed to the Planning Commission for a two year term of office; said term is effective January 29, 2007 and will expire January 29, 2009.

Motion: Kelleher
Second: Polychrones
Carried unanimously – Poll vote

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





PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA.

None


PUBLIC HEARING ON A PROPOSED ORDINANCE TO AMEND AND VACATE THE BOUNDARY LINES OF ABUTTING PARK WEST LOT 5A, TO INCLUDE THE ADJACENT 1,030 SQUARE FOOT PARCEL, LOT 158A, ON PROPERTY LOCATED AT 503 PARK STREET, N.E., IN THE RS-12.5 ZONING DISTRICT.

(See Official Minutes attached)




REQUEST APPROVAL TO USE WHITMAN, REQUARDT AND ASSOCIATES, LLP, FOR ENGINEERING, CONSTRUCTION DOCUMENTS AND TECHNICAL SPECIFICATIONS IN PLANNING THE NORTHSIDE CONNECTOR TRAIL IN ESTIMATED AMOUNT OF $17,800.00

Mayor Seeman entered into the record an e-mail received from Mr. Fred Skaer in support of the proposal and the Northside Connector Trail. (Copy attached to Official Minutes.)

It was moved for approval of Whitman, Requardt & Associates’ proposal for engineering services for the Northside Connector Trail, under the approved RFP 06-03 – Town Engineering Services, in the amount of $17,800.00 with funding to come from CIP #10-370701.

Motion: Dellinger
Second: Cole
Carried unanimously – Poll vote

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



REQUEST APPROVAL TO RIDE U.S. COMMUNITIES CONTRACT #040376 WITH CUNNINGHAM & ASSOCIATES, Inc., FOR THE PURCHASE AND INSTALLATION OF NEW PLAYGROUND EQUIPMENT AT MEADOW LANE PARK, IN THE AMOUNT OF $21,594.00.

It was moved for approval to purchase playground equipment for Meadow Lane Park from Cunningham & Associates, Inc., in the amount of $21,593.62, under U.S. Communities Contract #040376.

Motion: Cole
Second: Robinson
Carried unanimously – Poll vote

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






REQUEST APPROVAL FOR TWO CHANGE ORDERS (REMOVAL OF EXTRA ASPHALT AND UNSUITABLE SOILS FOUND ON SITE) AND THREE REQUESTS FOR ADDITIONAL WORK (INSTALL A FRENCH DRAIN, GFI’S TO PANEL BREAKERS, AND REPLACE METAL ROOFS ON THE FREEMAN HOUSE) FROM SUMTER CONTRACTING CORPORATION, FOR THE VIENNA TOWN GREEN PROJECT, IN AN ESTIMATED AMOUNT OF $17,863.00.

It was moved for approval of the two change orders totaling $4,631.00 and the three requests for additional work totaling $13,232.00 for the Vienna Town Green project. It was further moved that the Town be authorized to pay Sumter Contracting Corporation a total of $17,863.00 upon completion of said work from CIP Account #10-370710.

Motion: Lovelace
Second: Dellinger
Carried unanimously – Poll vote

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


REQUEST APPROVAL TO ACCEPT THE FY 2005 STATE HOMELAND SECURITY PROGRAM GRANT FUNDS IN THE AMOUNT OF $111,182.00 AND TO EXPEND THE FUNDS FOR PAYMENT TO MOTOROLA, INC. FOR REPLACEENT RADIOS FOR THE POLICE VEHICLES.

Chief Robert Carlisle addressed Council and indicated that the State Homeland Security Grant Program had awarded the Vienna Police Department an additional amount of $11,349.00. Therefore, he would request that the request be amended from $111,182.00 for the purchase of replacement radios to $122,531.00. The Chief thereafter, described the components of the radios and the increased efficiency that will be obtained with the new replacement radios. The new radios will replace 17 car radios, 4 motorcycle radios and one new console.

It was moved for approval to accept Fiscal Year 2005 State Homeland Security Program Grant in the amount of $122,531.00 to be used to purchase the replacement radios for the Police Department’s vehicles.

Motion: Kelleher
Second: Cole
Carried unanimously – Poll vote

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

It was moved for approval to ride Prince George’s County, Maryland contract #C0891-06 for the purchase of replacement radios from Motorola, Inc. for the police vehicles, at a total cost of $122,000.00.

Motion: Kelleher
Second: Cole
Carried unanimously – Poll vote

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


APPOINTMENT OF CHARLES ANDERSON TO THE HISTORIC WINDOVER BOARD OF REVIEW.

It was moved for approval to appoint Charles Anderson to the Historic Windover Board of Review for a two year term, said term effective January 8, 2007 and expiring January 8, 2009.

Motion: Lovelace
Second: Robinson
Carried unanimously


SET DATE FOR A PUBLIC HEARING ON A PROPOSED ORDINANCE TO AMEND THE TOWN CODE, CHAPTER 18, ZONING, ARTICLE 11, C-1, LOCAL COMMERCIAL ZONE REGULATIONS; SECTION 18-73, SPECIAL CONDITIONAL LIMITATIONS, RELATED TO APARTMENTS LOCATED IN COMMERCIAL BUILDINGS.

It was moved for approval to set the date of January 29, 2007 for conducting a public hearing on a Proposed Ordinance to amend the Town Code, Chapter 18, Zoning, Article 11, C-1, Local Commercial Zone Regulations, Section 18-73, Special Conditional Limitations, related to apartments located in commercial buildings.

Motion: Cole
Second: Robinson
Carried unanimously – Poll vote

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


It was moved to adjourn.

Motion: Robinson
Second: Cole
Carried unanimously


The Regular Meeting of Council adjourned at 9:25 P.M.






PUBLIC HEARING

Proposed Ordinance to amend and vacate the Boundary Lines of abutting Park West Lot 5A, to include the adjacent 1,030 square foot parcel, Lot 158A, on property located at 503 Park Street, N.E., in the RS-12.5 Zoning District.

JANUARY 8, 2007


The Town Council held a duly advertised public hearing on a proposed ordinance to amend and vacate the Boundary Lines of abutting Park West Lot 5A to include the adjacent 1,030 square foot parcel, Lot 158A, on property located at 503 Park Street, N.E., on Monday, January 8, 2007, 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.

Mr. Greg Hembree, Director of Planning & Zoning, addressed Council and stated that Mr. Brian Whaley and Ms. Dana Ott recently purchased the house located at 503 Park Street, N.E. The purchase also included an odd sized lot to the northwest of the home. The odd lot is a 1,030 square foot parcel that apparently was deeded to the previous owner when an adjoining subdivision was created. The current owners wish to merge their lots and vacate the lot line between the two adjoining parcels in order to renovate the porch; the existing porch as it is currently situated is in violation of the twenty-five percent rule and is too close to the back edge of the property. He further stated that Mr. Whaley and Ms. Ott do not plan on enlarging the porch or the foot print of the house in any manner.

Councilwoman Cole discussed with Mr. Hembree an additional sliver of land which is indicated on the map, which is not part of the ownership of the property being considered. She further questioned if the property would become eligible for subdivision with the vacation of the lot line, to which Mr. Hembree replied that it would not. He further indicated that he did not believe there was sufficient square footage for subdivision nor meet the lot width requirements.

Mayor Seeman questioned Mr. Whaley and Ms Ott, if neighbors were contacted to which Ms. Ott indicated they had discussed the matter with several neighbors and with one resident of Ridgewood Court who was concerned they were building a driveway across the back.

Mayor Seeman inquired if anyone in the audience wished to speak on the proposal.

Mr. Reynolds Henshaw, 204 Ridgewood Court, N.E., stated he wanted to be assured that the proposal would not allow for a cut-through from Park Street to Ridgewood, or provide another driveway or another house on the property.

Mr. Hembree stated there is a lot coverage problem which prevents additional structures and due to the grade in the back another driveway would be almost impossible; he did not envision anything else being done on the property without a variance being granted by the Board of Zoning Appeals, which an applicant must show a hardship.

Noted for the record there were not additional speakers.

It was moved to close the Public Hearing.

Motion: Cole
Second: Lovelace
Carried unanimously – Poll vote

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



It was moved for approval of the proposed Ordinance vacating the boundary lines of abutting Park West Lot 5A, to include the adjacent 1,030 square foot parcel, Lot 158A, zoning description RS-12.5, in accordance with Section 15.2-2272 of the Code of Virginia and Chapter 17 of the Code of Vienna.

Motion: Polychrones
Second: Cole
Carried unanimously – Poll vote

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

It was moved that the Town Clerk be directed to advertise a Notice of Adoption.

Motion: Polychrones
Second: Robinson
Carried unanimously



The Public Hearing adjourned at 9:00 P.M.

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