Minutes

REGULAR COUNCIL MEETING
MAY 21, 2007


The Town Council met in regular session on Monday, May 21, 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, Michael J. Polychrones, and Maud F. Robinson. Councilman George E. Lovelace 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 Father John Dolan, O.S.F.S., Our Lady of Good Counsel Catholic 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 MAY 7, 2007 AND TWO PUBLIC HEARINGS OF MAY 7, 2007.

Councilwoman Robinson corrected the spelling of Mr. Neighborgall’s name, who spoke to the Town Council on May 7, 2007.

It was moved for the approval of the Minutes of the Regular Council Meeting of May 7, 2007 with the correction of the spelling of Mr. Neighborgall’s name; and Two Public Hearings of May 7, 2007.

Motion: Cole
Second: Dellinger
Motion carried unanimously
Absent: Lovelace



RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC

None


At this time Mr. Rob Worley, Sr. Vice President of Commerce Bank, addressed Council and presented a gift check in the amount of $1,000.00 from Chairman of the Bank, Vernon Hill, to the Maxine Turner Scholarship Fund on behalf of Mayor Seeman. Mr. Worley stated he was happy to make this presentation for two reasons, one, he is now a resident of the Town, and two, Vienna is the home town of the Chairman of the Bank, Vernon Hill. Mr. Hill was a graduate of James Madison High School, and started the Bank in 1973 when he was twenty-six years old. He further stated that the gift honors a life-long Vienna resident, Miss Maxine Turner, whose life was tragically taken during the shootings at Virginia Tech. Mr. Worley spoke of the accomplishments of Miss Turner during her life and stated the check would go to the scholarship fund established at Virginia Tech in her name, for educating women who are pursuing engineering degrees.

Mayor Seeman indicated that she had received several pieces of correspondence relating to the tragic events at Virginia Tech and thereafter, read into the record an e-mail received from Mr. Guy Jones of Grand Prairie, Texas, who expressed his sympathy to the Turner family. The Mayor further spoke of writing the Mayor of Blacksburg and expressing the sympathy of the Town Council and thereafter, read his response for benefit of Council.


REPORT AND INQUIRIES OF COUNCIL MEMBERS

None



REPORT OF THE TOWN MANAGER

Mr. Schoeberlein spoke of the e-mail received from Mr. Foley who resides on Council Court, requesting certain traffic calming devices in that area. The Town Manager stated that he has instructed the Secretary of the Transportation Safety Commission to contact Mr. Foley and provide him with the procedures which must be utilized relative to his request.



REPORT OF THE MAYOR

Mayor Seeman spoke of receiving a letter from the Commonwealth of Virginia, Department of Environmental Quality, relative to the review of the Town’s 2006 recycling rate report. She stated that in accordance with the letter, Vienna was to meet or exceed a 25% mandated recycling rate based on criteria established in 2006. The Mayor stated that DEQ has indicated they have accepted the data as submitted and the calculated recycling for CY 2006 was 55.1%. Mayor Seeman indicated she felt this was a great accomplishment and indicated the interest of the citizens in the recycling program.



PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA

None


RENEWAL OF IFB #06-15, PRINTING, BINDING AND MAILING OF THE MONTHLY TOWN NEWSLETTER FOR THE NEXT YEAR, TO BALDERSON’S, INC., IN THE AMOUNT OF $17,731.04.

Ms. Marie Kisner, Public Information Officer, stated there is a change in cost based on the recalculation of the Consumer Price Index that was used by the vendor; which was at the suggestion of Councilwoman Cole. Ms. Kisner indicated the vendor had used a 3% CPI and the Finance Department upon recalculation, is suggesting 2.6% therefore, the cost to the Town for this item is $17,663.16.

It was moved for approval to renew IFB #06-15, Printing/Mailing of Town Newsletter, with Balderson’s, Inc., of Chantilly, Virginia, in the amount of $17,663.16 to come from Account #10215-447205.

Motion: Cole
Second: Dellinger
Carried unanimously – Poll vote

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



REQUEST AUTHORIZATION FOR ADDITIONAL APPROVED FISCAL YEAR 2006-2007 BUDGETED FUNDS IN AN ESTIMATED AMOUNT OF $5,000.00 FOR PURCHASE OF MOTOR OILS, LUBRICANTS, AND GREASES FROM TILLEY CHEMICAL COMPANY OF BALTIMORE, MARYLAND UNDER FAIRFAX COUNTY CONTRACT BL-5-742702-23; AND AUTHORIZATION TO EXPEND APPROVED FISCAL YEAR 2007-2008 BUDGETED FUNDS IN THE ESTIMATED AMOUNT OF $13,000.00.

It was moved for the approval for additional approved Fiscal Year 2006-2007 Budgeted Funds in the amount of $5,000.00; and authorization to expend approved Fiscal Year 2007-2008 Budgeted Funds in the estimated amount of $13,000.00 upon approval of the FY 2007-2008 Budget, for the purchase of Motor Oils, Lubricants and Greases from Tilley Chemical Company of Baltimore, Maryland under Fairfax County Contract BL-5-742702-23.

Motion: Kelleher
Second: Dellinger
Carried unanimously – Poll vote

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



PROPOSED ORDINANCE TO AMEND AND ADD A NEW SECTION TO THE CODE OF THE TOWN OF VIENNA CHAPTER 11, PERSONNEL; ARTICLE 1, PERSONNEL ADMINISTRATION; ADDING NEW SECTION 11-3.1 CRIMINAL HISTORY RECORD CHECK AND FINGERPRINTING FOR CERTAIN EMPLOYEES.

It was moved that this item be placed on the Town Council agenda of June 18, 2007 for consideration and adoption of the Proposed Ordinance to amend and add a new section to the Code of the Town of Vienna, Chapter 11, Personnel, Article 1, Personnel Administration; adding new Section 11-3.1 Criminal History Record Check and Fingerprinting for certain employees.

Motion: Dellinger
Second: Robinson
Carried unanimously – Poll vote

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



PROPOSED ORDINANCE TO AMEND THE CODE OF THE TOWN OF VIENNA, CHAPTER 17, SUBDIVISIONS, ARTICLE 5, IMPROVEMENTS, ADDING NEW SECTION 17-67.1 TO REQUIRE COMPLETION OF SIDEWALKS FOR SINGLE LOT DEVELOPMENTS WHERE ADJACENT PROPERTY ON EITHER SIDE HAS AN EXISTING SIDEWALK.

It was moved for approval that the Proposed Ordinance to amend the Code of the Town of Vienna, Chapter 17, Subdivisions, Article 5, Improvements, adding a new Section 17-67.1 to require developers of single lots to construct sidewalks where adjacent properties have sidewalks, be referred to the Planning Commission for public hearing and recommendations to the Vienna Town Council.

Motion: Robinson
Second: Kelleher
Carried unanimously

Absent: Lovelace



PROPOSED AMENDMENTS TO THE CODE OF THE TOWN OF VIENNA, CHAPTER 18, ZONING, ARTICLE 2, SECTION 18-4, DEFINITIONS, ADDING A NEW DEFINITION FOR “PORTABLE STORAGE CONTAINER” AND ARTICLE 17, ACCESSORY BUILDING, SWIMMING POOLS AND PRIVATE PARKING AREA, ADDING NEW SECTION 18-152.3 PORTABLE STORAGE CONTAINERS.

It was moved for approval that the Proposed Ordinances to amend the Code of the Town of Vienna, Chapter 18, Zoning, Article 2, Definitions, Section 18-4, Definitions, adding a new definition for Portable Storage Container and to amend Chapter 18, Zoning, Article 17, Accessory Buildings, Swimming Pools and Private Parking Area, adding a new Section 18-152.3, Portable Storage Containers, be referred to the Planning Commission for public hearing and recommendations to the Vienna Town Council.

Motion: Kelleher
Second: Cole
Carried unanimously

Absent: Lovelace



AUTHORIZATION FOR REAPPOINTMENT OF MR. EMIL ATTANASI TO THE PLANNING COMMISSION.

It was moved for the reappointment of Mr. Emil D. Attanasi to the Planning Commission for a one (1) year term of office. It was further moved that said reappointment is effective this date, May 21, 2007 and will expire May 21, 2008.

Motion: Polychrones
Second: Kelleher
Carried unanimously

Absent: Lovelace



At this time, 8:30 P.M., Mayor Seeman declared the Regular Meeting of Council in recess, whereupon Members of Council left the dais and convened in Closed Session.

Mayor Seeman called the Regular Meeting of Council back in session at 10:10 P.M. Noted for the record that all Members as previously recorded were again present, with Councilman Lovelace being absent.

Mayor Seeman stated the Town Council had met in Closed Session for the specific purpose of conducting the annual review with the Town Manager, Town Attorney and Town Clerk. She further stated that no other business had been discussed 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, May 21, 2007, the Town Council discussed matters of personnel, specifically the annual review of the Town Manager, Town Attorney and Town Clerk. 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 June 18, 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: Cole
Carried unanimously – Poll vote

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

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.)


It was moved for the reappointment of the following Town Officials for Fiscal Year 2007-2008: John H. Schoeberlein as Town Manager and Steven D. Briglia as Town Attorney, pursuant to contractual agreements between the Town of Vienna and John H. Schoeberlein for managerial services and Steven D. Briglia for legal and prosecuting services. It was further moved for the reappointment of Philip R. Grant as Town Treasurer.

Motion: Kelleher
Second: Cole
Carried unanimously – Poll vote

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



It was moved for the reappointment of Carol A. Orndorff as Town Clerk for Fiscal Year 2007-2008.

Motion: Kelleher
Second: Mayor Seeman
Motion carried: 5/2
(1 Abstention – 1 Absent)

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



It was moved to adjourn.

Motion: Robinson
Second: Dellinger
Carried unanimously

Absent: Lovelace


The Regular Meeting of Council adjourned at 10:14 P.M.

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