Minutes

REGULAR COUNCIL MEETING
MARCH 19, 2007


The Town Council met in regular session on Monday, March 19, 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: Daniel M. Dellinger, Edythe F. Kelleher, George E. Lovelace, and Maud F. Robinson. Council Members Laurie G. Cole and Michael J. Polychrones were absent. 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 Dr. Peter James, Pastor, Vienna Presbyterian 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 FEBRUARY 26, 2007 AND REGULAR COUNCIL MEETING OF MARCH 5, 2007.

It was moved for the approval of the Minutes of the Regular Council Meeting of February 26, 2007 and Regular Council Meeting of March 5, 2007.

Motion: Robinson
Second: Dellinger
Motion carried unanimously

Absent: Cole, Polychrones



RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC.

None



REPORT AND INQUIRIES OF COUNCIL MEMBERS

None



REPORT OF THE TOWN MANAGER

None



REPORT OF THE MAYOR

Mayor Seeman reported on the Closed Session convened this date at 7:15 P.M. She stated the purpose of the Closed Session was to conduct interviews with individuals interested in appointment and/or reappointment to Town Boards and Commissions. The Mayor indicated 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, March 19, 2007, the Town Council conducted interviews with individuals interested in appointment and reappointment to Town Boards and Commissions. It was further moved that the Certification Resolution be adopted 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 April 23, 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

Absent: Cole, Polychrones


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

It was moved that Mrs. Laurie DiRocco be reappointed to the Planning Commission for a two year term of office. It was further moved that said appointment is effective April 4, 2007 and will expire April 4, 2009. It was further moved that Mr. Stephen Kenney be reappointed to the Transportation Safety Commission for a two year term of office. It was further moved that said appointment is effective April 4, 2007 and will expire April 4, 2009.

Motion: Kelleher
Second: Dellinger
Carried unanimously

Absent: Cole, Polychrones



Mayor Seeman indicated that she and Councilwoman Kelleher would be attending the public meeting scheduled on March 20th regarding the Tysons Corner Land Use Plan. The Mayor stated that upon advice of Planning Commissioner Chase, who is the Town’s representative on the Tysons Land Use Plan Committee, a resolution would be in order from the Town similar in nature as that adopted by the McLean Citizens Association, containing the issues of density, road network capacity, a verified rider ship analysis, and that details of traffic and rider ship analysis
must be fully open to the public in order that the assumptions and computations may be checked by the citizens, and that the Governor should direct the proper offices of the State Government to analysis and verify any traffic and rider ship analysis produced by Fairfax County, which also should be open to the public for verification. The Mayor further indicated that an appropriate Resolution or letter could be drafted and sent to the Governor, the Secretary of Transportation, Fairfax County Board Chairman, Connolly, etc. She suggested that Council Members review the material and provide her with suggestions for the letter by the April 9th Council Meeting.

Councilwoman Robinson stated that the issue relative to the tunnel seems to have been fully explored therefore, she would suggest that the Town focus on the issue of traffic impact.

Councilman Lovelace stated that he and Councilman Dellinger were in the process of looking into a proposal to provide to Council relative to transportation as it pertains to bus utilization.

Councilman Dellinger stated that with the Government pushing for less dependency on oil, now is a good time for studies to be conducted on these issues.

Mayor Seeman spoke on Congressman Davis’ request relative to appropriation requests from the Town. The Mayor indicated that she was of the opinion that sidewalk construction was of importance, based on the report and priority listing of areas as developed by the Sidewalk sub-committee.


It was moved that the Mayor be authorized to respond to Congressman Davis requesting appropriations for sidewalk construction.

Motion: Lovelace
Second: Kelleher
Carried unanimously

Absent: Cole, Polychrones



Mayor Seeman announced that former Town Manager, Clay Harrell has responded that he will be present for the Town Green Dedication Ceremony.

Mayor Seeman displayed a photograph which had been taken at Mr. Al Miller’s (former Vienna Postmaster) retirement ceremony.



PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA

None


PUBLIC HEARING ON AN APPEAL FILED BY MR. MICHAEL COVEL FROM A DECISION OF THE WINDOVER HEIGHTS BOARD OF REVIEW, TO GRANT A CERTIFICATE OF APPROPRIATENESS TO CONSTRUCT A FOUR FOOT TALL WOODEN STOCKAGE FENCE ALONG THE FRONT YARD OF THE EXISTING DWELLING AT 130 PLEASANT STREET, N.W.

See Official Minutes attached.



REQUEST AUTHORIZATION TO EXPEND APPROVED CAPITAL IMPROVEMENT PROJECT FUNDS FOR THE TOWN OF VIENNA’S SHARE OF THE BEULAH ROAD IMPROVEMENT PROJECT. THE VIRGINIA DEPARTMENT OF TRANSPORTATION HAS ESTIMATED THE TOWN’S TWO PERCENT SHARE AT $128,000.00.

It was moved for approval to expend the Town of Vienna’ share of the Town of Vienna’s share of the Beulah Road Improvement Project, a two (2%) percent match of the Virginia Department of Transportation’s project costs estimated to be $128,000.00 and to transfer $128,000.00 from the 2006 Debt Issue Contingency Fund to Capital Improvement Project Funds, Account Number #370408-43801.
Motion: Dellinger
Second: Lovelace
Carried unanimously – Poll vote

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

It was further moved that Council approve the Agreement for Project Construction, Operation and Maintenance between the Town of Vienna and the Virginia Department of Transportation for the Beulah Road Improvement Project and authorize the Town Clerk and Town Manager to sign the Agreement.
Motion: Dellinger
Second: Lovelace
Carried unanimously – Poll vote

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



REQUEST AUTHORIZATION TO EXTEND CONTRACT IFB #03-10 WITH WASTE MANAGEMENT RECYCLE AMERICA FOR RECYCLABLE MATERIAL PROCESSING.

I move for approval to extend IFB #03-10, Recyclable Material Processing for the fourth (4th) and final of four possible one year extensions with Waste Management Recycle America.
Motion: Lovelace
Second: Robinson
Carried unanimously – Poll vote

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



REQUEST APPROVAL OF ADDITIONAL FUNDS FOR ROAD SALT PURCHASED ON AN EMERGENCY BASIS DUE TO UNEXPECTED AMOUNTS OF SNOW IN THE WINTER MONTHS. FUNDING IS TO COME FROM APPROVED FISCAL YEAR 2006-2007 BUDGETED FUNDS WITH AN ESTIMATED COST OF $6,451.42.

It was moved for approval of additional funding from approved Fiscal Year 2006-2007 budgeted General Funds in an estimated amount of $6,451.42 for 121.45 tons of road salt ordered on an emergency basis due to the unexpected amounts of snow and ice this year.

Motion: Robinson
Second: Kelleher
Carried unanimously – Poll vote

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




REQUEST AUTHORIZATION TO EXTEND CONTRACT IFB #06-13 WITH BLUE CHIP SERVICE, INC., FOR JANITORIAL SERVICE AT THE TOWN HALL AND POLICE STATION, FOR A COST OF $39,781.24.

It was moved for approval to extend IFB #06-13, Janitorial Service for Town Hall and Police Station, for the first (1st) of four (4) possible one year extensions to Blue Chip Service, Inc., and authorize additional cost due to the MCI increase and man hours to $5,816.84 which brings the total for the first year to $39,781.24.

Motion: Kelleher
Second: Dellinger
Carried unanimously – Poll vote

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



APPROVAL TO CONTINUE RIDING ARLINGTON COUNTY, VIRGINIA CONTRACT IFB #439-06 WITH DOUBLE H LOCATES, LLC. OF MARSHALL, VIRGINIA FOR UNDERGROUND UTILITY MARKING, USING PREVIOUSLY APPROVED FUNDS.

It was moved for approval to continue riding Arlington County, Virginia Underground Utility Marking Contract IFB #439-06 with Double H. Locates, LLC until November 30, 2007, using funds approved on June 19, 2006.

Motion: Dellinger
Second: Robinson
Carried unanimously – Poll vote

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



AWARD OF CAPITAL LEASE CONTRACT IFB #07-10 TO FINANCE THIS YEAR’S VEHICLE AND EQUIPMENT REPLACEMENT ITEMS.

It was moved for approval to award IFB #07-10 to SunTrust Bank for the capital lease financing of equipment being replaced as part of the FYE 2007 Vehicle Replacement Plan on the basis of its having submitted the lowest responsive and responsible bid. It was further moved the Mayor, Town Manager and Director of Finance be authorized to execute such financing contract documents as may be required.

Motion: Kelleher
Second: Dellinger
Carried unanimously – Poll vote

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

Noted for the record: List of vehicles and equipment attached to Official Minutes.



APPROVAL TO REPLACE THE TOWN HALL CENTRAL COPIER BY RIDING THE PRINCE WILLIAM COUNTY SCHOOLS CONTRACT RDJ-2035 AT A COST NOT TO EXCEED $17,044.00 TO BE FINANCED AS PART OF THE 2007 CAPITAL LEASE.

It was moved for approval to ride Prince William County Schools Contract RDJ-2035 for purchase of a Konica 750 copier to replace the Town’s central copier at a cost not to exceed $17,044.00 plus the appropriate share of the cost to finance the purchase through the 2007 Capital Lease.

Motion: Robinson
Second: Kelleher
Carried unanimously – Poll vote

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



CONSIDERATION OF $273,739.00 WORTH OF SUPPLEMENTAL APPROPRIATIONS TO THE FISCAL YEAR ENDING 2007 BUDGET.

It was moved that $273,739.00 from the Fiscal Year Ending 2006 General Fund balance be appropriated to the Fiscal Year Ending 2007 General Fund to be budgeted to the expenditure accounts as presented in the Carry Forward document dated February 5, 2007.

Motion: Dellinger
Second: Lovelace
Carried unanimously – Poll vote

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

Noted for the record: Copy of Carry Forward document dated February 5, 2007 attached to Official Minutes.



REQUEST APPROVAL FOR THE PURCHASE OF COMPUTER AIDED DISPATCH LAW ENFORCEMENT RECORD MANAGEMENT AND MOBILE DATA SYSTEM FROM NEW WORLD SYSTEMS CORPORATION AT A TOTAL COST OF $441,148.00.

It was moved for approval for the purchase of Computer Aided Dispatch Law Enforcement Records Management and Mobile Data System from New World Systems Corporation at a total cost of $441,148.00 to be funded with $240,000.00 for Asset Forfeiture Funds and the balance of $201,148.00 from the 2006 Debt Issue Contingency Reserve.

Motion: Lovelace
Second: Robinson
Carried unanimously – Poll vote

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



It was moved to adjourn.

Motion: Robinson
Second: Dellinger
Carried unanimously

Absent: Cole, Polychrones




The Regular Meeting of Council adjourned at 9:00 P.M.





PUBLIC HEARING

ON AN APPEAL FILED BY MR. MICHAEL COVEL FROM A DECISION OF THE WINDOVER HEIGHTS BOARD OF REVIEW, TO GRANT A CERTIFICATE OF APPROPRIATENESS TO CONSTRUCT A FOUR FOOT TALL WOODEN STOCKADE FENCE ALONG THE FRONT YARD OF THE EXISTING DWELLING AT 130 PLEASANT STREET, N.W.

March 19, 2007


The Town Council conducted a public hearing on the above cited appeal case on Monday, March 19, 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: Daniel M. Dellinger, Edythe F. Kelleher, George E. Lovelace, and Maud F. Robinson. Council Members Laurie G. Cole and Michael J. Polychrones were absent. Also present were John H. Schoeberlein, Town Manager; Steven D. Briglia, Town Attorney; and Carol A. Orndorff, Town Clerk.


Mayor Seeman reviewed the Town Code section relative to the authority of the Town Council on cases of appeal received from the Windover Heights Board of Review decisions, for benefit of those present. Mayor Seeman called upon the applicant to present his appeal.

Mr. Michael Covel, 130 Pleasant Street, N.W. stated that he was sure that everyone had had a chance to review the Minutes of the Windover Meeting. His concern and the reason he had filed the appeal is that he had not asked for a natural wood color, and he feels that it had been mandated upon him. Mr. Covel further stated that he does not find anywhere in the Code where the word “color” exists; it has been established in this room from comments, as an example, from the Mayor of Vienna, it was brought up last year about color and the Mayor has said that color is not listed and is not listed as one of the seven items that we are looking at. He further stated that he had a comment from Maud Robinson from 2005 “I think in order to inject a little more reason in this we might consider what Mr. Haight could have done and no one could have stopped him. If he on a whim or a flight of whimsy had decided to paint that house in red and orange stripes he could have done it and there is nothing in the Code that says he could not have done it.” Mr. Covel stated that it was really frustrating to go before this Board and ask them point blank, I would like the color palate in which you make a decision and to watch the Chairman of that Board twist herself into an assortment of different ways and not be able to answer the question; and then to watch Shirley Damon on the Board say in no uncertain terms and the Minutes reflect this, that there is no such thing as a color palate. It leaves a resident such as himself realizing that he comes before these Boards there are no rules, no guidelines, and the word color is not in the Code, and you guys don’t have anything in which to make a judgment one way or another whether one color is better than another color and now we’re just in this process, so now he has a Certificate of Appropriateness that mandates something that he did not ask for.

The Mayor asked if this was the fence that was held up to him and asked if this is what he had planned to install; and that if she had read the Minutes correctly he had said yes.

Mr. Covel responded that to the look and feel but he had clearly told them that that was not the color.

The Mayor indicated that she had not seen that and that when she read that when it (picture of fence) was held up to him he had said yes.

Mr. Covel questioned if the Minutes reflected that he had asked what the color palate was.

The Mayor stated he had asked that several times. However, he had said that was what he wanted to install.

Mr. Covel replied that he had said he was going to install a wooden fence and questioned if the Mayor could tell him what the color palate was.

The Mayor stated that when you look at harmonious she felt it fits in with that. Upon further question of Mr. Covel to explain her self, the Mayor stated that she felt harmony in congruity with the old and historic aspect of the surroundings, the color certainly fits in with that.

Mr. Covel further discussed with the Mayor how she could make a comparison if there was not a color palate that says for the Town’s historic district, red is acceptable. The Mayor replied that in some instances red might be acceptable. Further discussion ensued relative to the lack of a color palate and the fact that the Boards make decisions “on the fly.”

Mr. Covel stated that he would state again, that he did not ask for the wood color. The Mayor further stated the color was a natural wood and is not a specific color, it is what the wood is, which is the way she was reading it and the way she was looking at it. Mr. Covel again said that he was “telling her flat out” that he had not asked for a natural color; that the hearing was a de novo appeal and is starting fresh and he was not proposing a natural color fence. Mayor Seeman indicated the hearing by the Town Council was to either reverse, modify or affirm the decision of the Board.

Councilman Lovelace questioned the application that was on file where it states, proposed color or finish, if Mr. Covel had addressed that question, i.e., what type of fence and finish. Mr. Covel and Councilman Lovelace further spoke on the meaning of the question, with Councilman Lovelace indicating that he felt as the applicant, Mr. Covel would have answered the question on the application. He further inquired of Mr. Covel as to what he had in mind relative to the finish, that he was not speaking as to color. Further discussion took place relative to provisions of the Code and the understanding of what exists in the Code and what does not.

Councilwoman Robinson held up a photograph of a fence and inquired if this was what Mr. Covel had indication that it was the type of fence he intended to construct. Mr. Covel stated they were talking about type of fence, not color. Councilwoman Robinson further inquired, if asked to describe the fence as to whether it had been painted or in its natural state, would Mr. Covel agree that it was in its natural wood state. Mr. Covel inquired if Councilwoman Robinson had read the Minutes; that the questioned had been posed to him that it this was the type of fence that he was proposing and it had nothing to do with the color.

Councilman Lovelace inquired of Mr. Hembree, Director of Planning & Zoning, that if he had submitted an application for a fence permit, would the information that he would be expected to provide, was any different than what was on the application of the Board.

Mr. Hembree stated that he would need two scaled copies of the house location survey showing the proposed location of the fence, also a fence permit application which contains fence location and height information along with whether the finished side faced outward or inward. If all the information is acceptable to the provisions of the Code, and is what is required in every residential and commercial zone within the Town. With respect to a fence within the Windover Heights Historic District, there is an additional layer of the Certificate of Appropriateness and the application which Mr. Covel was asked to complete is the same application which all applicants are asked complete; and was developed by staff in conjunction with the Board Members.

Thereafter, Councilman Lovelace and Mr. Hembree discussed the requirement relative to height, location, material of fence as the Town does have criteria disallowing barbed wire, razor ribbon fencing, on top of a residential fence; he must see that information in order to determine the accuracy of his evaluation as to what the Code permits. Upon question of Councilman Lovelace, as to the importance as to finish, Mr. Hembree indicated that this was not of consideration for a fence permit however, if the application states a natural fence he would presume it would look as shown in the picture. Mr. Hembree went on to state that he had offered Mr. Covel the opportunity to provide additional information to make his application complete enough to send to the Board.

Mr. Covel stated that he wanted Councilman Lovelace to know clearly, that there is nothing in the Code about finish or color. That he knew it and all know it, and the fact that he as a public servant was willing to waste time and taxpayers dollars to fight something that he knew was not in the law and it was despicable.

Mayor Seeman inquired if anyone else wished to be heard.

Mr. Peter Sparber, 220 Walnut Lane, N.W., and had been a resident for twenty years. He stated that he believed that Council should grant Mr. Covel’s request for three reasons. He felt that with the important issues Council must consider this matter should have been resolved before coming to the Town Council. Second, as a property owner he did not want to see land issues resolved by the Courts; they would not look at what’s best for the Town, they would look only to the written law. Third, as a neighbor, he valued his friendship with Mike Covel and his family and the other neighbors and he felt the various issues of conflict which now exist should be resolved; it has now come down to personal conflict and is hurting the Town.
Mayor Seeman as a point of information, stated that she hoped Mr. Covel was aware, that a Certificate of Appropriateness is not required for a repainting of a dwelling or fence; that one a natural wood fence is up there is no problem with painting it whatever color he wishes.

Noted for the record there were no additional speakers.

It was moved to close the Public Hearing.

Motion: Robinson
Second: Lovelace
Carried unanimously – Poll vote

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


It was moved that the decision of the Windover Heights Board of Review approving the request for a Certificate of Appropriateness on the application filed by Mr. Michael Covel, owner, to construct a four foot tall wooden stockade fence along the front yard of the existing dwelling at 130 Pleasant Street, N.W., Docket No. WHBR-01-07, is hereby affirmed in accordance with the criteria set forth in Section 18-280.4 of the Code of the Town of Vienna, “Certification of Appropriateness Required.”

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

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




The Public Hearing adjourned at 8:25 P.M.

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