Minutes

REGULAR COUNCIL MEETING
JANUARY 29, 2007


The Town Council met in regular session on Monday, January 29, 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 Reverend Craig Burns, Pastor, 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 JANUARY 8, 2007 AND ONE PUBLIC HEARING OF JANUARY 8, 2007.

It was moved for the approval of the Minutes of the Regular Council Meeting of January 8, 2007 and one Public Hearing of January 8, 2007.

Motion: Dellinger
Second: Lovelace
Motion carried unanimously




RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC

Mrs. Deborah Brehony, 515 Park Street, S.E. announced that she would be a candidate for election in the upcoming Town Council election in May, 2007. She then outlined her six point campaign provisions and code of ethics which she will follow during the campaign and requested that all of the candidates sign the code of ethics.

Councilwoman Robinson indicated that she would state that she will stand on her long record, both as a citizen and a Council Member, and did not feel it was necessary to sign a pledge. She continued by stating that she respected Mrs. Brehony for developing the code of ethics and thanked her for her efforts.

Mr. Randy Jacobs, 608 DeSale Street, S.E. addressed Council and spoke on reading a news article relative to the $3 Million Dollar cost in Prince William County to support illegal aliens. He indicated that he had sent an inquiry to Fairfax County Board Chairman Connolly as to the costs to Fairfax County taxpayers to support illegal aliens. Mr. Jacobs then presented three articles relative to the issues of cost to taxpayers. He requested the members of Council to give these issues some consideration.

Mayor Seeman recognized in the audience two Boy Scouts from Troop #1539 and Troop #987, who were present working on the Citizenship in the Community Merit Badge and Swimming and First Aid.

At this time Mayor Seeman and Mary Wilkerson, Chairman of the Community Enhancement Commission, presented the 2006 Holiday Decoration Awards to the following residents: Al and Eileen Fox, 236 Manvell Road, S.E.; James Sanders, 907 Ware Street, S.W.; Shirley Martin, 220 Glyndon Street, N.E., Jose Delcia, 104 Tapawingo Road, S.W.; and Antonientti Chelli, 101 Tapawingo Road, S.W.




REPORT AND INQUIRIES OF COUNCIL MEMBERS

Councilwoman Kelleher spoke of receiving flyers from VDOT regarding project “Spot Improvements.” She stated the Hunter Mill Land Use Advisory Board did receive a presentation regarding this project. During that meeting the Board did receive information that the “Spot Improvements” had not yet been designed and upon completion of the design work a public meeting will again be conducted. The proposed improvements are proposed in the westbound lanes of I66 inside the beltway, at major congestion areas. Councilwoman Kelleher did indicate a presentation to the Town Council on these improvements could be arranged.

Councilwoman Robinson spoke on the development proposed at Tysons Corner, and said she felt it represented a “tsunami.” She spoke of articles appearing in the Washington Post Newspaper last weekend, which contained the “nuts and bolts” of the development, such as utility alignment, travel lanes,
shuttle buses, etc. The impact upon the Town residents and business community with the bottleneck that is being developed will deter people from coming to the Town for shopping, etc.

Mayor Seeman stated a meeting is being conducted on Wednesday evening at Westbriar Elementary School, as part of the Tysons Land Use Commission, and felt members of Council should attend.

Councilwoman Robinson further stated that within the articles was the information that fifty-two percent of most American Commuters do not go directly back and forth to the office, as advocates of smart-growth would have you believe; commuters stop to do errands, pick up children, dinner, etc. She further pointed out the article did state that if ridership is increased through the smart-growth concept, it will be at the expense of exchanging high density living for single family neighborhoods, shopping malls, etc. Statistics indicate that in New York high density living only one in four commuters use transit. Councilwoman Robinson stated in principle smart growth is a fine thing and Ballston is an example as a place where it has been used at its very best however, that is an environment which you do not replicated everywhere through out the County; her final conclusion is that a good principle of smart growth is being corrupted simply for the sake of development for development sake.

Councilman Dellinger stated he had attended the Home Plate Club’s Annual Awards Banquet the previous evening. One group and one individual from the Vienna area were honored, the Vienna Mustangs for the best traveling baseball team in the Metropolitan Area; and our own Burt Krump, whose record consists of four years with Little League, seven years of Babe Ruth League and twenty-eight years of American Legion, baseball coaching. Mr. Krump received the lifetime achievement award for the many years of dedication and service.

Councilman Dellinger indicated that he had received numerous compliments from individuals for the great work performed by the Department of Public Works during the recent snow.

Councilwoman Cole also spoke on the articles published by the Washington Post regarding the Tysons development, and agreed with the points previously made by Councilwoman Robinson. She stated that an additional aspect of the articles was the fact that it took the journalists to bring together for the public, the cumulative effect of all of the projects being done at the same time. The Fairfax Citizens for Responsible Growth during the Metro-West project, along with the Town, had repeatedly attempted to bring these facts to the County staff and elected officials; they requested the County to look at “how the development fits” in the greater context, as Metro-West was not the only project that would be going on at the same time. All the citizens of the area are going to be living with the consequences of the piece meal approach to decision making; “it will not be a pretty sight.”

Mayor Seeman stated that in addition to the massive projects that will be going on, the Merrifield area is totally being redeveloped, which represents additional impact upon the entire area.

Councilwoman Cole indicated she had attended the Providence District Council meeting the previous Tuesday; and as a follow-up to the discussion relative to the Merrifield area, there is conjecture that the Homeless Shelter Services will be moving to Merrifield. In this regard the Providence District Council scheduled the topic of Homelessness for its February meeting, where various knowledgeable speakers will be providing information relative to the causes, and the recent action of the Fairfax Board of Supervisors to eliminate homelessness within the next ten years.

Councilwoman Robinson stated she wished to add one aspect to her previous statements regarding the planned Tysons development. She stated that with the enormous plans for apartments, residential units, etc. only 124 units have been classified for affordable housing.

Mayor Seeman indicated that there was a bill before the General Assembly that dwelling buildings over four stories must contain affordable housing units.

Mayor Seeman discussed with the Town Manager, what the policy was within the Town regarding homeless persons.



REPORT OF THE TOWN MANAGER

Mr. Schoeberlein stated that Senator Devolites-Davis had contacted him this morning and advised him that her Bill as suggested by the Town to increase the fines for erosion and siltation violations, was passed unanimously out of committee. Further, she had made one amendment to the Bill as one provision that set a maximum amount of fine at $3,000.00 which she had amended up to $10,000.00. Senator Devolites-Davis also said she would contact Delegate Shannon to make the same amendment on the House side.

Mr. Schoeberlein pointed out that the “long awaited Center Street project” began today down at Battle and Center Streets.



REPORT OF THE MAYOR

Mayor Seeman at this time gave an update on the various Bills being considered by the General Assembly, which directly affect the Town.

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 appointment or reappointment to Town Boards and Commissions. She indicated the Members of Council had interviewed Mr. Paul Layer for possible reappointment to the Board of Architectural Review; and Ms. Jill Decker for possible reappointment to the Transportations Safety Commission. Mayor Seeman stated that no other business had been conducted 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, January 29, 2007, interviews with individuals interested in appointment and/or reappointment to Boards and Commissions 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 February 5, 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 the Town Council and thereafter, executed the Certification Resolution. (Attached to Official Minutes.)

It was moved that Mr. Paul Layer be reappointed to the Board of Architectural Review as the Architect Member for a two year term of office. Said term of office is effective retroactive to October 2, 2006 and will expire October 2, 2008. It was further moved that Ms. Jill Decker be reappointed to the Transportation Safety Commission for a two year term office. Said term of office is effective March 21, 2007 and will expire March 21, 2009.

Motion: Kelleher
Second: Polychrones
Carried unanimously



PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA

None



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.

See Official Minutes attached.




CONTRACT TO ATCS,P.L.C. ENGINEERING, PLANNING AND SURVEYING, TO DO A TOWN WIDE TRAFFIC CALMING STUDY, FOR THE AMOUNT OF $40,000.00.

Mr. Matthew DiFiore, 207 Owaissa Court, S.E., discussed with the Town Manager the type of working tools that would utilized in developing the study.

It was moved for the approval of the Traffic Calming Study to be completed as submitted by ATCS,P.L.C. Engineering, Planning and Surveying, for the amount of $40,000.00.

Motion: Cole
Second: Lovelace
Carried unanimously – Poll vote

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





RESOLUTION AUTHORIZING THE PARKS AND RECREATION DIRECTOR TO APPLY FOR $114,240.00 FROM THE DEPARTMENT OF CONSERVATION AND RECREATION, VIRGINIA RECREATIONAL TRAILS FUND, FOR THE NORTHSIDE CONNECTOR BOARDWALK TRAIL.

It was moved for approval for the Town of Vienna to apply for Virginia Recreational Trails Fund program money in the amount up to $114,240.00 from the Virginia Department of Conservation and Recreation, for the Northside Connector Boardwalk Trail. It was further moved that the Town Clerk certify such Resolution.

Motion: Dellinger
Second: Robinson
Carried unanimously- Poll vote

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









MEMORANDUM OF UNDERSTANDING BETWEEN THE FAIRFAX COUNTY SCHOOL BOARD AND THE TOWN OF VIENNA REGARDING THE USE, MAINTENANCE, SUPERVISION AND MANAGEMENT OF WATERS FIELD AND CAFFI FIELD.

It was moved for approval for the Town Manager to execute the Memorandum of Understanding between the Town of Vienna and the Fairfax County School Board, for Waters and Caffi Fields.

Motion: Lovelace
Second: Robinson
Carried unanimously- Poll vote

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


LETTER RECEIVED FROM INGRID RAPAVY RESIGNING FROM THE COMMUNITY ENHANCEMENT COMMISSION AFTER A TWO YEAR TERM.

It was moved to accept the letter of resignation received from Ingrid Rapavy from the Community Enhancement Commission, effective January 29, 2007. It was further moved the Mayor be authorized to present Ms. Rapavy with a Certificate of Distinguished Service.

Motion: Cole
Second: Dellinger
Carried unanimously


It was moved to adjourn.

Motion: Robinson
Second: Cole
Carried unanimously


The Regular Meeting of Council adjourned at 10:25 P.M.








PUBLIC HEARING

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.

JANUARY 29, 2007


The Town Council conducted a duly advertised Public Hearing on the above cited proposed ordinance, on Monday, January 29, 2007, in the Council Room of the Town Hall, 127 Center Street, South. Mayor M. Jane Seeman, called the hearing 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 stated the proposed ordinance had been considered by the Planning Commission at its regular meeting of October 26, 2006. During discussion it was determined that additional information was needed as they had just received a draft report of the Maple Avenue Feasibility Study. Prior to resumption of the deferred public hearing on December 13, 2006, a Zoning Administrator’s determination was developed regarding parking requirements for mixed use buildings and a listing of the four nonconforming properties along Church Street, NE/NW was created. Citing concerns for unintended consequences and a desire to consider mixed use development on a wider scale through appropriate planning procedures, the members of the Planning Commission voted to recommend denial of the proposed ordinance amendment.

Mayor Seeman called for anyone in the audience who wished to speak on the proposed ordinance amendment. Noted for the record there were none.

Councilwoman Cole stated that she felt the Planning Commission had made some excellent points in their deliberation on the proposed ordinance. She further indicated that while she felt the amendment would provide a desirable result in the end if a mixed use environment is what is promoted; but taking the piecemeal approach might be premature at this time. Councilwoman Cole indicated that she supports the idea, the Town Council should look at it in a more specific context and larger approach.

Councilman Polychrones stated that he felt the recommendation of the Planning Commission was very compelling and that it should be considered in the larger context, as part of the study of the Maple Avenue Feasibility report; along with what the Council wants the Planning Commission to study.

Councilwoman Robinson stated she agreed with the comments of her colleagues; that the proposed ordinance amendment was premature at this time and she agreed with the recommendation
of the Planning Commission.

Mayor Seeman stated that she has requested the Town Manager to put on the February Work Session Agenda, further discussion of the Maple Avenue Vision, for the express purpose of what the Town Council wants the Planning Commission to explore, and at a later date a joint Work Session to be scheduled.

Councilwoman Kelleher expressed her agreement with the recommendation of the Planning Commission.

It was moved to close the Public Hearing.

Motion: Polychrones
Second: Kelleher
Carried unanimously – Poll vote

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


It was moved for disapproval of the 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: Polychrones
Second: Cole
Carried unanimously- Poll vote

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



The Public Hearing adjourned at 9:50 P.M.

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