Minutes

REGULAR COUNCIL MEETING
May 7, 2007


The Town Council met in regular session on Monday, May 7, 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, Edythe F. Kelleher, George E. Lovelace, Michael J. Polychrones, and Maud F. Robinson. Councilman Daniel M. Dellinger was absent, being out of Town. 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 George E. Lovelace; 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 APRIL 23, 2007.

It was moved for the approval of the Minutes of the Regular Council Meeting of April 23, 2007.

Motion: Cole
Second: Lovelace
Motion carried unanimously

Absent: Dellinger



RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC

Ms. Rhonda Van Diest, 436 West Street, N.W., and Mr. Vance Price, 438 West Street, N.W., addressed Council and presented into the record a Petition signed by thirty-three (33) of the residents of West Street, N.W., requesting a traffic-calming speed bump or raised crosswalk on West Street, N.W. (Copy attached to Official Minutes.) Ms. Van Diest spoke of the high rate of speed by motorist at all hours of the day and night and the anticipated increased traffic on West Street. She indicated the traffic calming measures would provide greater safety for their children, achieve slower speeds by motorists, reduce collision frequency and severity, improve the safety and the perception of safety for non-motorized users of the street, reduce cut-through traffic and reduce the need for police enforcement. Mr. Price spoke on the circumstances occurring some months ago when a speeding motorist did strike his child and reiterated Ms. Van Diest comments relative to the need to reduce the amount of speeding that is occurring.

Councilman Lovelace spoke in favor of the request and requested that the Petition be forwarded to the Transportation Safety Commission for study and recommendation.

Mrs. Lynn Sanderson, 304 George Street, S.W., offered her congratulations to the re-elected members of Council. She thereafter, spoke on the number of pot holes on Glyndon Street requiring repair; and the bad condition of Cottage Street which required repaving. Mrs. Sanderson stated the Town Newsletter should contain information and items of interest to the residents on improvement projects, budget, etc. She further discussed the voter registration process with Mayor Seeman.

Mr. Rodger Neighborgall along with an accompanying member of the W&OD Trail Committee addressed Council and spoke on the safety issues required along the Trail; of the two deaths which occurred last year and requested the Town Council to participate with the other adjoining Trail jurisdictions in providing increased police coverage/patrol. Mr. Neighborgall indicated that he had spoken with Chief Bob Carlisle who had indicated the Vienna Police would assist in this necessary increased patrol coverage.



SPECIAL REPORT BY THE CHAIRMAN OF THE JAMESTOWN 2007 COMMITTEE.

Mr. Paul Snodgrass, Chairman of the Vienna Jamestown 2007 Committee provided the Town Council with a report of activities of the planned program throughout the Commonwealth of Virginia in commemoration of the 400th anniversary of the settlement of Jamestown. He invited all persons to attend the various events taking place beginning the weekend of May 11th, 2007 and thereafter, gave an overview of the many venues and events occurring in participating jurisdictions. Mr. Snodgrass reported on the many organizations and entities where he had presented the program topic entitled “America’s 400th Anniversary, Coming Soon.” (Copy of the Report attached to Official Minutes.)

At this time, Members of the Vienna Jamestown 2007 Committee came forward and presented to Mr. Snodgrass a beautiful framed photograph of the “God Speed” in recognition of his excellent leadership and for his time and talent provided during the last several planning years.



SPECIAL PRESENTATION TO THE TOWN OF VIENNA FROM THE FRIENDS OF THE W&OD TRAIL COMMITTEE.

Ms. Ann Pastorkovich, Member of the W&OD Committee, came forward and presented to Mrs. Cathy Salgado and Mr. Leon Evans, Department of Parks & Recreation, an award for their on-going assistance and dedication to the Committee and the Trail.



REPORT AND INQUIRIES OF COUNCIL MEMBERS

Mayor Seeman read a statement from Councilman Dellinger expressing his appreciation to all the voters who participated in the recent Town Election, and indicated his intent to represent all the citizens of the Town.

Councilwoman Robinson expressed her appreciation to all the voters who turned out on Election Day, and for those who supported her campaign; and for the message clearly expressed.

Councilman Lovelace also expressed his appreciation to all the voters who had turned out on Election Day and further stated he felt the vote indicated clearly that the majority of Town residents were appreciative of the way the Town was being governed.

Councilman Polychrones offered his congratulations to Councilwoman Robinson and Councilmen Dellinger and Lovelace on their overwhelming victory. He stated that he felt the vote count indicated that traditional old-fashioned shoe-leather campaigning still resonates with the citizens of Vienna.



REPORT OF THE TOWN MANAGER

None



REPORT OF THE MAYOR

Mayor Seeman recognized in the audience a Boy Scout who indicated he was a member of Troop #979, and was currently working on his Citizenship in the Community Merit Badge.

Mayor Seeman reminded Council Members and all present of the Dedication of the Town Green on May 12, 2007 beginning at 1:00 P.M.

The Mayor also reminded those present of the information meeting being conducted by VDOT on May 15, 2007 at 7:00 P.M., regarding the reconstruction of Branch Road.

Mayor Seeman also reminded Council Members of the upcoming VML Town Section Meetings.

The Mayor spoke on the Viet Nam Veterans national program “Keep a Candle Burning”, which requests that an electric candle be placed in your front windows, in recognition of our troops fighting in foreign lands.

Mayor Seeman spoke of serving on the Northern Virginia Regional Commission and during a recent meeting it was discussed that Towns are not represented on the Northern Virginia Transportation Authority. She indicated that State Senator Jeannemarie Devolites-Davis was currently pursuing this matter to provide Town representation. It has been determined a sub-committee had originally been established for planning purposes to be made-up by Towns. With the new Transportation Bill there are now monies available and Towns are requesting authority to participate in the spending of transportation funds as local businesses will be taxed. The Towns of Purcellville, Leesburg, Herndon, Dumfries and Vienna are formulating a Resolution requesting representation. The Mayor requested authority from the Members of Council to participate in the Resolution or whatever format agreed upon, in this request to the Authority.

It was moved the Mayor was authorized to participate in the request for Town representation on the Northern Virginia Transportation Authority.

Motion: Polychrones
Second: Robinson
Carried unanimously

Absent: Dellinger



PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA

None



PUBLIC HEARING ON THE PROPOSED BUDGET FOR FISCAL YEAR 2007-2008.

See Official Minutes attached.



PUBLIC HEARING ESTABLISHING THE REAL ESTATE PROPERTY TAX RATE FOR FISCAL YEAR 2007-2008.

See Official Minutes attached.



REQUEST FOR APPROVAL OF A FINAL PLAT FOR THE TWO-LOT NUTLEY STREET SUBDIVISION, PROPOSED NEW ADDRESSES TO BE 501 AND 503 WINDOVER AVENUE, N.W., ON PROPERTY LOCATED AT 200 NUTLEY STREET, N.W., IN THE RS 12.5 SINGLE-FAMILY DETACHED RESIDENTIAL ZONE, FILED BY IBRAHIM A. CHEHAB, GEOENV ENGINEERS, AGENT FOR BUILDING TECHNOLOGIES GROUP, INC., OWNER.

Mr. Greg Hembree, Director of Planning & Zoning stated the subject property is a generally rectangular shaped parcel located on the westernmost corner of the intersection of Nutley Street, N.W., and Windover Avenue, N.W. The RS-12.5 zoned parcel encloses 35,960 square feet and is improved by an existing two-story residence with an asphalt driveway and rear-yard shed. The contract owners desire to remove all the existing property improvements and resubdivide the parcel into two lots fronting on Windover Avenue, N.W. Mr. Hembree indicated the Planning Commission considered the proposal and during the receipt of public testimony, the adjoining neighbor to the northwest expressed concern about overland drainage and the depth-carrying capacity of the proposed swale near the common property boundary. The applicant returned in December to the Planning Commission with changes to the plan which indicated a larger and more distinct swale in the rear yards. Upon review of the final plat and viewing of the drainage patterns and the proposed rear-yard swale, the Commission has recommended approval of the final plat.

Mr. Ibrahim Chehab, of GeoEnv Engineers, was present on behalf of the applicant. He thereafter, reviewed the various features of the final plat with Members of Council.

Mayor Seeman questioned the depth of the swale with Mr. Chehab stating it would be 6” to 8” with water flowing down to Nutley Street. Further discussion took place relative to the capacity of the swale and directional water flow.

Councilwoman Cole discussed the engineers’ design of the infiltration trench.

Further discussion took place with Mr. Chehab and Councilman Lovelace and Councilwoman Kelleher relative to the impact of the infill around the house and calculations of pre and post runoff, along with maintenance of the swale. The Town Attorney indicated the Town would retain an easement for maintenance of the swale should it become necessary; that the necessary language would be incorporated within the Deed of Subdivision.

Mayor Seeman inquired if anyone in the audience desired to speak on the subject final plat. Noted for the record there were none.

It was moved for approval of the proposed Final Plat for the two-lot Nutley Street Subdivision, proposed addresses to be 401 and 503 Windover Avenue, N.W., on property located at 200 Nutley Street, N.W., in the RS-12.5 Single-Family Detached Residential zone, as filed by Ibrahim A. Chehab, GeoEnv Engineers, agent for Building Technologies Group, Inc., owner.

Motion: Lovelace
Second: Mayor Seeman
Motion carried: 4/2 Poll vote

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



REQUEST AWARD OF SOLE SOURCE CONTRACT: INOVA URGENT CARE OF VIENNA, (INOVA HEALTH SYSTEMS.)

It was moved for approval to award a sole source contract to Inova health services for medical services for Town employees, with payment of up to $15,000.00 in Fiscal Year 2007-2008.

Motion: Cole
Second: Robinson
Carried unanimously – Poll vote

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


REQUEST TO CONTINUE SOLE SOURCE MAINTENANCE AGREEMENT WITH SIEMENS FOR THE TELECOMMUNICATIONS SYSTEM IN TOWN OF VIENNA BUILDINGS AND FACILITIES.

It was moved for approval to enter into a sole source maintenance agreement with Siemens for the Town’s telecommunications and phone mail system in the amount of $22,167.02 contingent upon approval of the 2007-2008 Budget.

Motion: Polychrones
Second: Kelleher
Carried unanimously – Poll vote

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



REQUEST AWARD OF IFB #07-11, HVAC MAINTENANCE FOR THE COMMUNITY CENTER, TOWN HALL, POLICE DEPARTMENT, NORTHSIDE PROPERTY YARD, BOWMAN HOUSE AND FREEMAN STORE, CONTINGENT UPON APPROVAL OF THE FISCAL YEAR 2007-2009 BUDGET.

It was moved for approval to award IFB #07-11 and enter into the first of up to three one-year contracts for HVAC Maintenance to R. M. Thornton, Inc. for the Town Hall, Community Center, Bowman House and Freeman Store in the amount of $16,996.00 and to Gunnell & Son, Inc., for the Police Headquarters and Northside Property Yard in the amount of $16,900.00 contingent upon approval of the Fiscal Year 2007-2008 Budget.

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

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



REQUEST TO EXPEND APPROVED CAPITAL IMPROVEMENT FUNDS (CIP) FOR THE TOWN OF VIENNA’S SHARE OF THE BRANCH ROAD IMPROVEMENT PROJECT (VDOT HAS ESTIMATED THE TOWN’S TOTAL COST AT $56,817.70) AND TO APPROVE THE TRANSFER OF $46,817.70 FROM THE 2006 DEBT ISSUE CONTINGENCY FUNDS.

It was moved for approval of the Town of Vienna’s 2% share of the Branch Road Improvement Project, estimated to be $56,817.70 to come from approved CIP funds, Account #345402-43801 and the transfer of $56,817.70 from the 2006 Debt Issue Contingency to said account. It was further moved for the approval of the Agreement for Project Construction, Operation and Maintenance between the Town of Vienna and the Virginia Department of Transportation for the Branch Road Improvement Project and to authorize the Town Clerk and Town Manager to sign the Agreement.

Motion: Polychrones
Second: Kelleher
Carried unanimously – Poll vote

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



REQUEST AUTHORIZATION TO USE SPRING 2006 CAPITAL IMPROVEMENT PROJECTS (CIP) BOND FUNDS FOR THE W&OD REGIONAL TRAIL STORM SEWER DRAIN REPLACEMENT UNDER CONTRACT IFB #05-10, ANNUAL CONTRACT FOR GENERAL CONSTRUCTION SERVICES WITH SAGRES CONSTRUCTION CORPORATION, FUNDING TO COME FROM THE SPRING 2006 BOND CIP ACCOUNT NUMBER 370409-48803 WITH AN ESTIMATED COST OF $189,404.86, AND APPROVE THE TRANSFER OF $190,000.00 FROM THE 2006 DEBT ISSUE CONTINGENCY TO SAID ACCOUNT.

It was moved for approval of additional Spring 2006 CIP funds, Account number #370409-48803 in an estimated amount of $189,404.86 to Sagres Construction Corporation under IFB #05-10, Annual Contract for General Construction Services for the
W&OD Regional Trail storm sewer drain replacement and the transfer of $190,000.00 from the 2006 Debt Issue Contingency to said Account.

Motion: Cole
Second: Robinson
Carried unanimously – Poll vote

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



REQUEST FOR ADDITIONAL APPROVED FISCAL YEAR 2006-2007 BUDGETED FUNDS IN AN ESTIMATED AMOUNT OF $50,000.00 FOR ASPHALT PICK UP FROM NATIONAL ASPHALT MANUFACTURING CORPORATION, TO BE USED FOR REPAIRS OF POT HOLES, WATER MAIN BREAKS AND ROAD SURFACES.

It was moved for approval to expend additional approved Fiscal Year 2006-2007 budgeted General Funds in an estimated amount of $50,000.00 for IFB #07-06, Asphalt-Hot Mix, with National Asphalt Manufacturing Corporation, for repairs to streets, potholes, etc.

Motion: Robinson
Second: Mayor
Carried unanimously – Poll vote

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



REQUEST APPROVAL TO CONTINUE RIDING COUNCIL OF GOVERNMENTS (COG) CONTRACT NUMBER RQ07-883871-11F with FAIRFAX COUNTY AS THE LEAD JURISDICTION FOR THE COOPERATIVE PURCHASE OF AFTERMARKET AUTOMOTIVE PARTS AND GENERAL REPAIR SERVICES AND TO EXPEND ADDITIONAL APPROVED FISCAL YEAR 2006-2007 BUDGETED FUNDS IN AN ESTIMATED AMOUNT OF $7,601.59.

It was moved for approval to continue riding Fairfax County Contract Number RQ07-883871-11F for Aftermarket Automotive Parts and General Repair Services, with $7,601.59 in estimated additional funds requested from approved Fiscal Year 2006-2007 budgeted funds, which would bring the total estimated amount requested for Fiscal Year 2006-2007 to $16,601.59.

Motion: Polychrones
Second: Kelleher
Carried unanimously – Poll vote

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



REQUEST FOR ADDITIONAL APPROVED FISCAL YEAR 2006-2007 BUDGETED GENERAL FUNDS WITH AN ESTIMATED COST OF $2,000.00 TO VIRGINIA PUBLIC WORKS EQUIPMENT COMPANY, FOR STREET SWEEPER PARTS.

It was moved for approval to purchase parts for the Elgin Street Sweeper from Virginia Public Works Equipment Company in an estimated additional amount of $2,000.00 to be paid from approved Fiscal Year 2006-2007 budgeted general funds.

Motion: Cole
Second: Robinson
Carried unanimously- Poll vote

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



ACCEPTANCE OF RESIGNATION OF MR. FREDERICK SKAER FROM THE PLANNING COMMISSION; MS. LAURIE DAUGHERTY FROM THE TOWN/BUSINESS LIAISON COMMITTEE; AND MS. MARY WILKERSON FROM THE COMMUNITY ENHANCEMENT COMMISSION.

It was moved for acceptance of the letters of resignation received from Mr. Frederick Skaer from the Planning Commission effective this date, May 7, 2007; from Ms. Laurie C. Daugherty from the Town/Business Liaison Committee, effective May 15, 2007; and Ms. Mary Wilkerson from the Community Enhancement Commission, effective July 1, 2007. It was further moved that the Mayor is authorized to present to each of these individuals a Certificate of Distinguished Service.

Motion: Mayor Seeman
Second: Cole
Carried unanimously

Absent: Dellinger



It was moved to adjourn.

Motion: Robinson
Second: Cole
Carried unanimously

Absent: Dellinger


The Regular Meeting of the Town Council adjourned at 9:50 P.M.



PUBLIC HEARING

Proposed Budget for Fiscal Year 2007-2008

May 7, 2007


The Town Council held a duly advertised Public Hearing on the Proposed Budget for fiscal year 2007-2008 on Monday, May 7, 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, Edythe F. Kelleher, George E. Lovelace, Michael J. Polychrones, and Maud F. Robinson. Councilman Daniel M. Dellinger was absent being out of Town. Also present were John H. Schoeberlein, Town Manager; Steven D. Briglia, Town Attorney; and Carol A. Orndorff, Town Clerk.

Mayor Seeman called upon the Town Manager to present the proposed Fiscal Year 2007-2008 Budged.

Mr. Schoeberlein stated the General Fund budget, as presented, totals $19,706,457, which is an increase of $1,139,234 or 6.14% over the adopted 2006-2007 budget. The Water and Sewer Fund budget, as proposed, totals $6,532,371, an increase of $208,439 or 3.30%. The Debt Service Fund budget, including reserves, is proposed at $2,851,172, a decrease of $308,775 or 9.77%. The total Town budget is $29,090,210, an increase of $1,038 or 3.70%. He further stated the budget, as proposed, includes funding to implement a new classification and compensation plan for all Town employees and continues all existing services at current levels. Mr. Schoeberlein stated the proposed budget that was before Council also eliminates the need for residents to purchase vehicle decals and this accounts for .61 cents of the real estate tax increase. The Water and Sewer rates are proposed to increase and those increases will be the subject of a public hearing scheduled for June 4, 2007.

Mayor Seeman called upon anyone in the audience desiring to speak on the proposed budget.

Officer Tom Taylor, President, Vienna Police Association, addressed Council and requested Council consideration in adopting a salary adjustment. He stated the benchmark jurisdictions that were utilized as a comparison, proposed between a 2% and 2.92% salary increase for FY 2008. Officer Taylor stated the new pay scale has a salary range meeting those benchmark jurisdictions, however, the employee placement within that scale is below that percentage range of 2% and 2.92%.

Upon question of Councilman Lovelace, Officer Taylor stated the jurisdictions surveyed were the Town of Herndon, City of Manassas, Town of Leesburg, City of Falls Church and City of Fairfax.

Officer Taylor also requested consideration of adopting the new State VRS Retirement Multiplier. There is a change in the multiplier from 1.70% to 1.85%. Adoption of the percentage change must be made by each jurisdiction in order for it to take effect.

Mr. Schoeberlein indicated this matter was scheduled for a future Work Session, which will allow him to fully explain the matter in terms of benefits and potential costs to the Town to implement the increase.

Officer Taylor indicated that he, the Association, would put together a complete document of all the information and provide it to Members of Council prior to the Work Session.

Councilman Polychrones inquired of Officer Taylor the current position of the Police Association on the proposed class and compensation plan.

Officer Taylor stated that the range of scale is within the median, which is all that could be requested; they are not asking for anything more than any jurisdiction of similar size. They understand that a raise is not a requirement; and they do not have a problem with the scale.

Councilman Polychrones requested the Town Manager to provide the amount of VRS and life insurance increases which have occurred over the last five years.

Councilwoman Robinson spoke on the efforts of the Town Manager and the Department Heads, under his strict direction, making a serious and dedicated effort to fulfilling the citizens wishes for quality services and yet keeping a very tight budget.

Councilwoman Cole addressed the elimination of the vehicle decals and the requests which have been received to mirror the County. She indicated the Town did not have the financial resources which are available to the County, and the costs had to be achieved elsewhere.

It was moved to close the Public Hearing.

Motion: Cole
Second: Polychrones
Carried unanimously – Poll vote

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


It as moved that the proposed Town of Vienna budget for Fiscal Year 2007-2008 be placed on the June 4, 2007 Town Council Agenda for adoption. It was further moved that the Town Clerk be directed to advertise a Notice of Intent to Adopt.

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

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


The Public Hearing adjourned at 8:55 P.M.




PUBLIC HEARING

Proposed Real Estate Property
Tax Rate for Fiscal Year 2007-2008

May 7, 2007


The Town Council held a duly advertised Public Hearing on the Proposed Real Estate Property Tax Rate for Fiscal Year 2007-2007 on Monday, May 7, 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, Edythe F. Kelleher, George E. Lovelace, Michael J. Polychrones, and Maud F. Robinson. Councilman Daniel M. Dellinger was absent, being out of Town. Also present were John H. Schoeberlein, Town Manager; Steven D. Briglia, Town Attorney; and Carol A. Orndorff, Town Clerk.

Mayor Seeman called upon the Town Manager to present the proposed tax rate for FY 2007-2008.

Mr. Schoeberlein stated the proposed real estate tax rate to fund the FY 2007-2008 budget is based on a rate of 20.22 cents, an increase of 1.60 cents from the Fiscal Year 2006-2007 rate. The proposed budget provides for the elimination of the vehicle car decals, as requested by many citizens. The costs then had to be transferred to the property tax rate, with adjustment for the administrative savings.

Mayor Seeman called upon anyone in the audience desiring to speak on the proposed tax rate. Noted for the record there were none.

Mayor Seeman stated the tax rate had not been raised in the past six years, in fact, the rate had been lowered each year over this time period.

It was moved to close the Public Hearing.

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

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


It was moved that the proposed real estate property tax rate be placed on the June 4, 2007 Agenda for adoption. It was further moved that the Town Clerk be directed to advertise a Notice of Intent to Adopt.

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

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


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

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