Minutes

REGULAR COUNCIL MEETING

APRIL 9, 2007


The Town Council met in regular session on Monday, April 9, 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, Michael J. Polychrones, and Maud F. Robinson. Councilwoman Laurie G. Cole was 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 Robert Lemon, Pastor, Faith Baptist 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 MARCH 19, 2007 AND ONE PUBLIC HEARING OF MARCH 19, 2007.

It was moved for the approval of the Minutes of the Regular Council Meeting of March 19, 2007 and One Public Hearing of March 19, 2007.

Motion: Polychrones
Second: Dellinger
Motion carried unanimously

Absent: Cole



RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC

Mayor Seeman recognized in the audience a Boy Scout from Troop #1113, Justin Bustle, who was present working on his Communication and Citizenship in the Community Merit Badges.

Mr. Randy Jacobs, 608 DeSale Street, S.W. addressed Council and spoke of providing a letter to Congressman Davis regarding his concerns relative to illegal aliens living in the United States, the employment of same, group homes, and the escalating price of gasoline. He entered into the record a copy of his letter. (Copy attached to Official Minutes.)

Mayor Seeman recognized Ms. Carole Wolfand, Chairman, Town/Business Liaison Committee, and requested that she speak on the Committee’s recognition of residents who have been nominated to receive Snow Removal Awards. Awards were to have been presented at this meeting however, recipients were not present and the Mayor indicated the awards would be mailed to them.



REPORT AND INQUIRIES OF COUNCIL MEMBERS

Councilwoman Robinson spoke of the Town having 26.5 acres of natural wooded property, approximately two miles from Tysons Corner, which has walking trails, and streams. She stated this property was separate from the 18 acres utilized by the Northside Property Yard. Councilwoman Robinson suggested that the Town retain this property in its natural state and indicated that consideration should be given to adopting a resolution in this regard. She stated the Town had 157 acres of zoned park land within the Town, excluding the Town Green and the neighborhood park at Nutley and Knoll Streets; there are numerous ball fields, tennis courts, etc., for recreational purposes within the Town. Councilwoman Robinson proposed that designating this land to be retained in its natural state would not bind future Council’s and would simply be a proposal to preserve as long as possible the wonderful stand of wood land for the enjoyment of those who like to walk and enjoy “woods.” She continued by stating the present Comprehensive Plan designating park land does not cover a passive park designation. She stated she would suggest that within the next few months, the Town Council consider the adding of another park designation, more or less for a passive recreational area to try and retain those 26.5 acres intact as a legacy for current and future residents.

Councilman Dellinger spoke of attending the Town Meeting conducted by Congressman Davis, on Saturday two weeks ago here at the Town Hall. He stated the meeting was well attended and those present enjoyed participating in the forum conducted by Congressman Davis.

Councilman Lovelace spoke of receiving an e-mail from a resident relative to the car decals. He requested the Town Manager to respond to the inquiry.

Councilman Lovelace spoke of developing a disaster plan for the Town in addition to the plan as previously developed a number of years age; and requested the Town Manager to put this item on a “to do list.” He indicated that he felt the plan would provide the necessary information to the residents of Vienna. Mayor Seeman indicated the Town did have on the Web-site information pertaining as to what to do in an emergency; and in fact our Police Department has spent many hours working on the plan which has been developed for Fairfax County and other jurisdictions in the Northern Virginia area.

Councilman Lovelace indicated that he was currently serving on the Fairfax County Jamestown 400 Commemorative Committee. He announced there would be an “America’s Anniversary” Weekend, May 11, 2007 through May 13, 2007 in Jamestown, celebrating the event. He requested that this announcement go on the Town’s Web-site as residents would probably be interested in this historical event.

Councilman Polychrones spoke of attending the VML Quarterly Board of Directors meeting the previous weekend. During the meeting discussion was directed to the new GASB-45 Regulations that have been set forth affecting retirees benefit’s and how jurisdictions must report them as liabilities. He stated that some jurisdictions have indicated the new regulations have and will affect bond ratings. Councilman Polychrones stated that he had spoken with the Director of Finance on the matter and felt that it should be discussed as part of the Budget Work Sessions, to determine the future impact on the Town.

Councilman Polychrones indicated that during the upcoming VML Conference, the Host City Night will be held at the Jamestown site.

Councilwoman Kelleher spoke of attending the Tysons Corner Planning focus group session where attendees utilizing model building structures where they conveyed their suggestions on placement and locations of the various elements. She spoke of the realization at that time of how large the planned center will be. Councilwoman Kelleher indicated that it is so large that you cannot walk from one end to the other.



REPORT OF THE TOWN MANAGER

None



REPORT OF THE MAYOR

Mayor Seeman stated she was happy to report that the pictures by the elementary students were again being displayed at the Post Office. She indicated she had been at the Post Office and saw an array of colorful Jamestown pictures drawn by the 4th grade students of Cunningham Park Elementary School and even found one drawn by her granddaughter.



PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA

The Town Attorney requested the Town Council move to add two items to the Agenda. Agenda Item #9 which would be a public disclosure of Council’s need to meet in Closed Session to discuss matters of pending litigation. Then depending on Council’s thoughts and if so inclined, then Agenda Item #10 for approval of a settlement of pending litigation with MobilTec International Company.

It was moved to add as Agenda Item #9 and Agenda Item #10, the items as recommended by the Town Attorney as previously described.

Motion: Polychrones
Second: Lovelace
Carried unanimously
Absent: Cole



REQUEST APPROVAL OF A REVISED SITE PLAN FOR “PHASE 1A IMPROVEMENTS” TO LIBERTY PARK, LOCATED AT 801-821 FOLLIN LANE, S.E., IN THE CMP-PLANNED INDUSTRIAL ZONE, FILED BY JOHN AMATETTI AND ROBERT BOSCO, VIKA,INC., AGENTS FOR TRANSWESTERN GOLDSTAR, LLC., OWNERS.

Mayor Seeman called upon Mr. Greg Hembree, Director of Planning & Zoning to speak on the proposed revised site plan.

Mr. Hembree stated that on November 6, 2000, the Town Council approved the revised, or master, site plan for the redevelopment of the subject property that has been commonly referred to as the Page Building. The proposed development plan depicted the reconstruction of the existing 201,385 square foot office building, the construction of two new office buildings (89,241 and 99,549 square feet respectively) and a five-story parking structure at the rear of the site. Site plan modifications also granted at that same meeting included the approval of non-conforming setbacks for buildings and parking spaces, a lower ratio for the required number of parking spaces, proposed parking lot lighting in excess of height requirements and the proposed location of an unenclosed loading berth that would face the Town’s Wildwood Park. The existing building was vacated in 2002 and the property was later sold to the current owner. A new tenant (GSA) has now been secured and certain improvements are necessary to ensure that the proposed data center operates on a 24/7 basis. The provision of an uninterruptible power supply and certain security and protection measures required for all new Federal Government facilities are part of the 26 new revisions comprised by the Phase 1A improvements for the subject property. Mr. Hembree stated the Planning Commission considered this matter at its regular meeting of March 14, 2007, and recommends approval.

Ms. Lynn Stroebel, Attorney, representing the owner of the property addressed the site plan approval granted in 1995, and thereafter, outlined the site plan features being requested at this time. She indicated the building has been vacant since 2002 and ownership has changed and the new owner has been able to enter into a lease with GSA and currently renovations are being made. Ms. Stroebel introduced Mr. John Amatetti of VIKA, Inc. the engineering firm retained to design the various features to meet Federal requirements. Ms. Stroebel and Mr. Amatetti pointed out the revised guard house entry location, visitor parking area, loading area, security fencing, generators and transformers, and remote mail room. Ms. Stroebel indicated they were not requesting any additional square footage, number of parking spaces, or reduction in landscaping or increase in height or lighting. She indicated the site plan modifications being requested are interim improvements for the particular tenant and they would ask that the prior approved site plan modifications be reaffirmed with the current proposal. Ms. Stroebel pointed out that during the hearing before the Planning Commission, discussion relative to storm water management was considered and if the current owner would be providing an oil grid separator. Due to the concerns expressed that night, the property owner has agreed to provide the oil grid separator in proximity to the loading dock area as that appeared to be the area of greater sensitivity. She has submitted information to Mr. Hembree describing the particular type of feature, which is called an aqua-swirl and is intended to provide additional storm water management measures. Ms. Stroebel thereafter, introduced other individuals present associated with the project, being Bob Bosco, with the civil engineering firm, John Murray, Architect, owner’s representative Coleen Mont, and acoustical engineers with the Miller, Beam & Paganelli firm. Ms. Stroebel submitted into the record a letter dated March 12, 2007 from the acoustical firm regarding the anticipated acoustical levels. (Copy retained in Official file.)

Councilman Dellinger discussed with Ms. Stroebel and Mr. Amatetti the location of the mail room and generators, and expressed concern regarding oil spillage from the fuel tanks which would eventually impact the Chesapeake Bay. Ms. Stroebel indicated that safeguards had been included in the plans and could be found on Sheets 3C and 3D of the development plan. She further stated the tanks were double-walled UL listed fiberglass and designed to all requirements; and that alarm features have been included for the storage tanks which sit on concrete pads. Upon further discussion with Mr. Amatetti regarding the loading dock area and safety features, Councilman Dellinger inquired if the site was providing for a land disturber. Mr. Amatetti indicated they were required to obtain a VSMP Permit, associated with the State of Virginia and as
part of that permit there is a requirement for a land disturber to be identified as a prime source of contact within that permit. Councilman Dellinger expressed concern relative to maintenance of the super-silt fencing, and other area requirements, as there would be the possibility for a devastating leakage problem and impact upon the waterways and eventually the Chesapeake Bay if such occurred. He requested that the applicant supply the Town with a copy of the permit. Upon further discussion with Mr. Amatetti relative to maintenance of the parking area, he expressed the concern relative to possible dumping of debris into the storm drain areas. Mr. Amatetti stated that a maintenance plan for the storm drains and aqua-swirl had been developed, and he would supply the Town with a copy of that plan.

Councilman Polychrones inquired as to why natural gas in lieu of diesel oil was not being utilized for the emergency generators. Mr. Murray from the architectural firm indicated it was due to the size of the generators.

Councilwoman Robinson discussed with the applicant the decibel level of the emergency generators, along with the other noise abatement features being employed. She complimented the GSA for the fact they would be providing a shuttle bus back and forth to the Metro Station.

Councilman Lovelace discussed the location of the outfall sites with Mr. Amatetti, to which he responded by pointing out the locations and also stated the outfalls were to be retrofitted by the lessee. He further questioned the plan and procedures that would be employed should there be an oil spillage or leaking from the storage tanks. Councilman Lovelace further addressed the number of parking spaces that were planned for the site. Ms. Stroebel stated that there were an existing 891 spaces on-site; requirements for Phase #1A of the plan requires 795 spaces and they are proposing 858 spaces.

The Town Attorney spoke on the State regulations pertaining to underground storage tanks and the methods that must be employed by the applicant in the event of leakage or spillage.

Councilwoman Kelleher questioned the anticipated date for Phase #2 of the redevelopment of the site. Ms. Stroebel indicated that no date had been planned at this time. She expressed appreciation to the applicant for the excellent material which had been provided.

It was moved for the approval of the Revised Site Plan for Phase #1A Improvements to Liberty Park on property located at 801-821 Follin Lane, S.E., in the CMP Planned Industrial Zone as filed by John Amatetti and Robert Bosco, VIKA, Inc., agents for Transwestern Goldstar, LLC, Owner.
Motion: Lovelace
Second: Robinson
Carried unanimously – Poll vote



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


It was moved to amend the Main Motion, that records of the Certified Land Disturber be forwarded to the Town during the construction process for monitoring purposes.

Motion: Dellinger
Second: Lovelace
Carried unanimously – Poll vote

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

It was moved to amend the Main Motion, that the Site Plan Modifications as approved on November 6, 2000, is hereby reaffirmed except as modified by the Site Plan of Phase #1A, Revised Site Plan.

Motion: Lovelace
Second: Robinson
Carried unanimously – Poll vote

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



VIENNA TOWN GREEN CHANGE ORDERS AND REQUEST FOR ADDITIONAL SOD AND ELECTRICAL OUTLETS AND LIGHTS.

It was moved for approval of the one (1) change order totaling $3,268.00 and the two requests for additional work totaling $11,763.00 for the Vienna Town Green. It was further moved that the Town be authorized to pay Sumter Contracting Corporation a total of $15,031.00 upon completion of said work, from the CIP Account #10-370710.

Motion: Dellinger
Second: Polychrones
Carried unanimously – Poll vote

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



REQUEST TO INSTALL ONE SPEED TABLE IN THE 400 BLOCK OF JOHN MARSHALL DRIVE, N.E., BETWEEN McKINLEY STREET AND McARTHUR AVENUE, AND ANOTHER SPEED TABLE IN THE 300 BLOCK OF JOHN MARSHALL DRIVE, N.E. BETWEEN McARTHUR AVENUE AND GLYNDON STREET, N.E.

Mrs. Tara Voigt, Chairman of the Transportation Safety Commission, addressed Council and stated the Commission had reviewed and studied the Petition received from the citizens of during their meetings of November 2006 and January 2007. The requested traffic calming measures were in anticipation of the increase in traffic that will occur during the Beulah Road reconstruction project. She indicated that traffic counts were taken in October 2006 and indicate a low traffic volume and fairly low speeds in the neighborhood. However, much of the traffic being diverted from Beulah Road is expected to go through the neighborhood and the citizens were requesting the following: Speed table in the 400 block of John Marshall Drive; speed table in the 300 block of John Marshall Drive; speed table in the 500 block of McArthur Avenue; speed table in the 400 block of McArthur Avenue; change 2-way stop to a 4-way stop at John Marshall and McArthur Avenue; change 1-way stop to a 3-way stop at John Marshall Drive and Glyndon Street; change 1-way stop to a 3-way stop at McArthur Avenue and McKinley Street; increased Police presence in this NE area during the reconstruction of Beulah Road to make certain that the stop signs are being obeyed; and “No Through Trucks Allowed” signs to be posted at all street entrances to this Ayr Hill Heights community. Mrs. Voigt continued by stating the Commission after deliberation of the requests, voted 7-1 to recommend the following for approval by the Town Council: Install a speed table in the 400 block of John Marshall Drive mid-way between McKinley Street and McArthur Avenue; install a speed table in the 300 block of John Marshall Drive mid-way between McArthur Avenue and Glyndon Street; request DPW to look into the possibility of using temporary, surface applied speed humps and reevaluate traffic counts thirty (30) days after the completion of Beulah Road to see if the speed tables could be removed; request DPW to look into using street painting/striping as a way to calm traffic. She indicated the Commission felt the amount of measures and particularly the stop signs were not warranted at this time.

Mayor Seeman discussed with Mrs. Voigt the request for the “No Through Trucks Allowed” signage and thereafter, requested the Town Manager to install the signage. The Mayor also commented that increased Police presence had been discussed at the Police Chief’s Advisory Meeting, and they will be putting more patrols in that area during the reconstruction. Mayor Seeman also indicated that it had also been discussed at the meeting, the solar speed signs existing in several spots on Beulah Road, which is considered very effective to motorists.

Mayor Seeman called upon anyone in the audience who desired to speak on the matter.

Mr. Doug Francis, 413 McArthur Avenue, N.E., spoke on the Petition requesting temporary speed tables and the reevaluation to be conducted thirty days after the completion of the Beulah Road project.

Mayor Seeman and Mr. Schoeberlein indicated that the temporary speed tables do not hold up and the Town prefers to install the permanent style, which are in accordance with VDOT standards, and if necessary, it can be removed.

Mr. D. Calhoun, 401 John Marshall Drive, N.E. spoke of the mail boxes being across the street, and requested that they be moved across the street in front of their residences. Mayor Seeman indicated the Town would look into this matter.

Mr. Dan Mulville, 200 Church Street, N.E., spoke in support of the traffic calming measures, and views it as an overall plan for the north east area of Vienna.

Ms. Lynn Booth, 307 John Marshall Drive, N.E., spoke in support of the traffic calming procedures and suggested that the Town increase the presence of Police as it would protect the homeowners in the area as many motorist speed at that particular location due to the hill.

Greg Golden, 503 McArthur Avenue, N.E., in favor of the speed tables that are proposed and was of the opinion they should be permanent. He suggested an additional speed table be located in the 400 block of McArthur Avenue.

Mr. Andrew Prokop, 500 McArthur Avenue, N.E., spoke in opposition to a speed table being located in the 400 block of McArthur Avenue. He indicated that the increased traffic was temporary and he could live with it; that spending money to install a speed table in that location was a waste of time and money.

Mr. Dell Ewing, 410 John Marshall Drive, N.E., spoke in support of the traffic measures and was satisfied with the proposals.

Mr. Kurt Young, 354 Park Street, N.E. spoke in support of the traffic calming measures; the citizens view these measures as part of a bigger plan for the neighborhoods.

Mayor Seeman inquired if anyone else desired to speak on the proposals. Noted for the record there were none.

It was moved for approval to install a speed table in the 400 block of John Marshall Drive, N.E. mid-way between McKinley Street, N.E. and McArthur Avenue, N.E.; and to install a speed table in the 300 block of John Marshall Drive, N.E. mid-way between McArthur Avenue, N.E. and Glyndon Street, N.E. It was further moved for the Department of Public Works to reevaluate traffic counts thirty (30) days after the completion of Beulah Road to see if the humps can be removed; and for the Department of Public Works to use painting/striping as a way to calm traffic. It was further moved that the “No Through Trucks Allowed” signage be posted at all street entrances to the Ayr Hill Heights community.

Motion: Kelleher
Second: Robinson
Carried unanimously – Poll vote

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


RECOMMENDATION TO THE FAIRFAX COUNTY BOARD OF ELECTIONS OF INDIVIDUALS TO SERVE AS ELECTION OFFICERS FOR THE MAY 1, 2007 TOWN ELECTION.

It was moved that the following named Election Officers be recommended to the Fairfax County Electoral Board to serve at the May 1, 2007 Town Election: Chief Election Officer, Regina Jordan; Assistant Chief Election Officer, Constance Wax; as Election Officers, Joanne Scott, Beth Corrigan, Corinne Hanna, Katherine Haris, Diane Ignatowski, Edward Purcell, Richard Newsome, Teresa Pyszka, Arnold Perko, John Karcha, Lois Karcha, and Catherine Thompson. As Alternate Officers: Peter Stevens, Rhoda Stevens, Gloria Kruse, Margaret Boag, Dan Walker and Carmen Sanchez. It was further moved that funding for Election Officer Wages shall come from the Legislative Election Wages, Account #10115-41003. It was further moved that the Town Clerk is authorized to provide lunch for the Election Officers, with funding to come from the Election Services, Account #10115-45503.

Motion: Mayor Seeman
Second: Lovelace
Carried unanimously

Absent: Cole



TOWN COUNCIL TO CONDUCT CLOSED SESSION TO DISCUSS WITH TOWN ATTORNEY MATTERS OF LITIGATION.

It was moved that the Regular Meeting of April 9, 2007 be recessed and the Town Council to convene in Closed Session for purposes of meeting with the Town Attorney on matters of litigation. It was further moved that the Closed Session is in accordance with Virginia Code Section 2.2-3711.A(7). It was further moved that upon conclusion of the Closed Session the Regular Meeting of Council will reconvene.

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

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

At this time 9:30 P.M., the Town Council recessed and convened in Closed Session.


The Town Council reconvened the Regular Meeting at 9:45 P.M. Noted for the record that all Members of Council as previously recorded were again present, with Councilwoman Cole absent.

Mayor Seeman reported that during the Closed Session the Members of Council had discussed with the Town Attorney matters of litigation and settlement of the matter with MobileTec International, Inc. She further stated 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, April 9, 2007, the Town Council discussed with the Town Attorney matters of litigation and settlement of same. 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.

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

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

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



APPROVAL OF SETTLEMENT OFFER FROM MOBILETEC INTERNATIONAL, INC.

It was moved that the litigation with MobileTec International, Inc., be settled in accordance with the terms outlined by the Town Attorney during the Closed Session, and that the Town Manager is authorized to execute the appropriate documents.

Motion: Kelleher
Second: Polychrones
Carried unanimously – Poll vote

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


It was moved to adjourn.

Motion: Robinson
Second: Polychrones
Carried unanimously


The Regular Meeting of Council adjourned at 9:55 P.M.

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