Minutes

The Town Council met in regular session on Monday, June 18, 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 Councilwoman Laurie G. Cole; followed by the Pledge of Allegiance to the Flag of the United States of America.

Noted for the record, Mayor Seeman introduced Mrs. Theresa Lumpton, Assistant Chief Deputy Clerk, Fairfax County Circuit Court, who was present to administer the Oath of Office to the newly elected Council Members. Mrs. Lumpton at this time administered the Oath of Office to Mrs. Maud Robinson, Mr. George Lovelace and Mr. Daniel Dellinger, to serve as Council Members for a two year term of office.



APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 4, 2007 AND ONE PUBLIC HEARING OF JUNE 4, 2007.

Councilwoman Cole requested that an addition be made to the Minutes regarding the funding for the artificial turf at James Madison High School wherein, during discussion she had clarified that the donation was made with the understanding that other public athletic groups would also have access to the field.

It was moved for the approval of the Minutes of the Regular Council Meeting of June 4, 2007, as amended, and One Public Hearing of June 4, 2007.

Motion: Cole
Second: Dellinger
Motion carried unanimously




RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC

Mayor Seeman introduced Mr. Billy Emerson, who had been named as Coach of the Year by the Washington Post Newspaper. The Mayor stated that Mr. Emerson had been a life-long resident of Vienna, and had been coaching at Paul IV, for five years.

Mr. Emerson stated he had been with Paul IV for five years and previously at James Madison High School for three years. Mr. Emerson introduced his Mother and Father, who have been residents since 1967, along with introducing his wife and children.

Mayor Seeman extended congratulatory remarks to Mr. Emerson for his recognition by the Washington Post, and for appreciation for the attending the Council Meeting.

Mrs. Deborah Brehony, 515 Park Street, S.E., addressed Council and presented her conclusions regarding the Vienna Town Election in May of 2007. (Copy of Mrs. Brehony remarks in letter form presented for the record and attached to Official Minutes.) Mrs. Brehony thereafter, congratulated Councilwoman Robinson, Councilman Dellinger and Councilman Lovelace upon their election and re-election to the Town Council.




REPORT AND INQUIRIES OF COUNCIL MEMBERS

Councilwoman Kelleher handed out a suggested “Personal Preparedness Plan” which she had obtained from the County for informational purposes. She indicated that the suggested plan was available to all government entities involved with COG (Council of Governments). She suggested that if the handouts were readily available the Town should try and obtain a supply to hand out to citizens.

Councilman Dellinger congratulated Mayor Seeman on her speech presented at the James Madison High School Graduation ceremonies. He further stated that he had been somewhat disappointed that the Fairfax County Board of Supervisors had today voted for the above-ground metro train system at Tysons Corner in lieu of the below-ground concept.




REPORT OF THE TOWN MANAGER

None




REPORT OF THE MAYOR

Mayor Seeman reminded the public that the traffic study that has been commissioned by the Town will be presented to the public next Tuesday, June 28, 2007 at 8:00 P.M. at the regular Transportation Safety Commission meeting.

Mayor Seeman encouraged everyone to attend the scheduled concerts on the Town Green during the upcoming months. The Mayor stated the concerts which have been held have been outstanding and well attended.

Mayor Seeman reported on the Closed Session conducted at 7:15 P.M., this date for the expressed purpose of interviewing two individuals interested in reappointment to Town Boards and Commissions; and that no other business had been discussed.

It was moved that the members of the Vienna Town Council be polled to affirm that during the Closed Session convened this date, June 18, 2007, the Town Council discussed matters of personnel, specifically the conducting of interviews with individuals interested in 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 Town Council meet in Closed Session on July 2, 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 including the conducting of interviews with individuals interested in appointment and/or reappointment to Town Boards and Commissions, and discussion of assignment, promotion and salaries of specific employees.

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 Town Council and thereafter, executed the Certification Resolution. (Copy attached to Official Minutes.)


It was moved that Ms. Carole Wolfand be reappointed to the Town/Business Liaison Commission for a two year term of office. It was further moved that said appointment is effective retroactive to June 2, 2007 and will expire June 2, 2009. It was further moved that Mrs. Tara Voight be reappointed to the Transportation Safety Commission for a two year term of office. It was further moved that said appointment is effective July 1, 2007 and will expire July 1, 2009.

Motion: Kelleher
Second: Robinson
Carried unanimously – Poll vote

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




PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA

Councilwoman Kelleher requested that Item #15 be deleted as the purpose for the Closed Session on the Agenda for July 2, 2007 was included in the Motion for Certification of the Closed Session for June 18, 2007.




PUBLIC HEARING ON A PROPOSED ORDINANCE TO INCREASE THE CIGARETTE TAX, CHAPTER 6, FINANCE AND TAXATION, ARTICLE 3, CIGARETTE TAX, SECTION 6-17 LEVY AND RATE, OF THE TOWN CODE.

See Official Minutes attached.



REQUEST FOR APPROVAL OF A REVISED SITE PLAN AND SITE PLAN MODIFICATION PERTAINING TO THE LOCATION AND ARRANGEMENT OF ADDITIONAL PARKING AREAS FOR NAVY FEDERAL CREDIT UNION’S ANNEX BUILDING ON PROPERTY LOCATED AT 1007 ELECTRIC AVENUE, S.E. IN THE CMP-PLANNED INDUSTRIAL ZONE, FILED BY JUSTIN C. MAHLMANN, BOWMAN CONSULTING GROUP, AGENT FOR NAVY FEDERAL CREDIT UNION, OWNER.

Mr. Jim Eckloff, Vice President, Facilities Management, Navy Federal Credit Union, addressed Council, and stated the original 1993 plan for NFCU parking approved 2,354 parking spaces to serve 3,374 employees by the year 2006. He further indicated that by the end of 2007 they expect to meet the total of 3,374 employees at the Vienna site. Mr. Eckloff stated that employee transit is mainly handled through public transportation, Metro, shuttle buses, carpools, vanpools and variable work hours however, demographic changes have occurred that justify additional parking. The primary change is in the residential location of the work force; a larger percentage of the employees come from Virginia than in the past and more than 2000 of them live beyond the range of the Metro and convenient public transportation. Mr. Eckloff said to compensate for the demographic change without detracting significantly from the incentive to use alternative means of transportation, they propose adding 84 parking spaces to the annex site. They have chosen the annex site across the street from NFCU headquarters site as they do not want to detract from the existing green space. The requested number of added parking spaces is the maximum number that can be accommodated at the annex; they do not plan to propose parking for every employee, but NFCU is concerned that the change in demographics has reduced the effectiveness of public transportation as an alternate means of commuting. Mr. Eckloff continued by stating that NFCU plans to take positive actions to promote public transportation and coordinate with the new tenant at 801 Follin Lane to share with them in providing expanded bus service to the Metro, along with continued encouragement that employees utilize carpools and vanpools. Further NFCU is executing a lease for the warehouse at 801 Follin Lane to allow for relocation of their grounds maintenance equipment, which currently takes up parking spaces at the parking structure; along with removing leased vehicles from this location. He concluded by stating NFCU understands the concern of the Town relative to traffic and they will strive to minimize the impact of traffic and parking on the residential community and will continue to strive to be a good neighbor.

Councilman Dellinger discussed with Mr. Eckloff the prospect of flex hours for employees, with Mr. Eckloff indicating that 15% of the current workforce is on a flex hour schedule; that one of the main problems with this concept is due to peak business hours, when the employees are most needed.
Further discussion ensued relative to shared shuttle service with 801 Follin Lane.

Councilwoman Robinson discussed with Mr. Eckloff the usage of Metro when a majority of the employees do not live in areas served by that form of public transportation.

Councilwoman Cole questioned if the planned rail line extension beyond Dulles Airport would provide any assistance to the employees. Mr. Eckloff stated that he felt in the future, it would provide another means of public transportation assistance. Councilwoman Cole further discussed with Mr. Eckloff the possible usage of shuttle service into and out of the site during the day other than the normal beginning and ending work hours.

Councilman Polychrones discussed with Mr. Eckloff the number of parking spaces utilized for repossessed vehicles. Mr. Eckloff indicated the spaces were located down by the parking structure and approximately 10 are used for this purpose.

Mr. Hembree requested that the Motion reflect the date of May 17, 2007 for the revised site plan and that the requested site plan modification, if approved, be subject to the conditions as requested by the Planning Commission.

Mayor Seeman entered into the official record the Memorandum from the Planning Commission dated May 25, 2007. (Copy attached to Official Minutes.)

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


It was moved for approval of the revised site plan and requested site plan modifications dated May 17, 2007, from Sections 18-98.B.3b and 18-1-131 pertaining to the location and arrangement of additional parking areas for Navy Federal Credit Union Annex Building on property located at 1007 Electric Avenue, S.E. in the CMP-Planned Industrial zone as filed by Justin G. Mahlmann, Bowman Consulting Group, agent for Navy Federal Credit Union, owner; and subject to the recommendations by the Planning Commission as contained in their Memorandum of May 25, 2007.

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

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



REQUEST FOR APPROVAL OF CONTRACT TO NAG INC., D.B.A. ENGINEERING SYSTEMS FOR GIS SERVICES FOR THE TOWN OF VIENNA, IN AN AMOUNT NOT TO EXCEED $37,500.00 IN THE NEXT FISCAL YEAR.

It was moved for the approval of Nag Inc., d/b/a/ Engineering Systems to provide GIS services to the Town of Vienna for Fiscal Year ending 2008, in an amount not to exceed $37,500.00 with renewal for four (4) additional one-year periods under the terms and conditions of the original contract.

Motion: Lovelace
Second: Robinson
Carried unanimously – Poll vote

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




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 for adoption of the proposed ordinance to amend and add a new Section 11-3.1 Criminal History Record Check and Fingerprinting for Certain Employees. It was further moved the Town Clerk is directed to advertise a Notice of Adoption.

Motion: Dellinger
Second: Cole
Carried unanimously – Poll vote

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




AUTHORIZATION TO CONTINUE TO PURCHASE BRASS AND IRON GOODS FROM HD SUPPLY WATERWORKS, LTD., AS A SOLE SOURCE VENDOR AND EXPEND APPROVED FISCAL YEAR 2007-2008 BUDGETED WATER AND SEWER FUNDS, WITH AN ESTIMATED COST OF $23,500.00.

It was moved for approval to continue to purchase items from HD Supply Waterworks, Ltd, as a sole source provider and to expend approved Fiscal Year 2007-2008 budgeted funds with an estimated cost of $23,500.00.

Motion: Polychrones
Second: Kelleher
Carried unanimously – Poll vote

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




AUTHORIZATION TO USE CAPITAL IMPROVEMENT PROJECTS BOND FUNDS IN AN ESTIMATED AMOUNT OF $76,046,78 FOR EMERGENCY REPAIRS (STORM DRAIN REPLACEMENT AT GLYNDON STREET AND TAPAWINGO ROAD, S.E. AND TIMBER WALL RECONSTRUCTION ON SAINT BERNARD DRIVE, UNDER THE ANNUAL CONTRACT FOR GENERAL CONSTRUCTION SERVICES WITH SAGRES CONSTRUCTION CORPORATION.

Mr. Michael Spring, 109 Saint Andrews Road, was present and discussed various aspects of the project with Council Members and Ms. Holly Chu, Director of Public Works; along with the number of years the timber wall has been in place, and the various structures and plantings that have been put in the drainage easement by the various homeowners.

It was moved for approval of the proposal for emergency repairs to Glyndon Street and Tapawingo Road Storm Drain Replacement with an estimated cost of $39,754.13 and Saint Bernard Drive Timber Wall Reconstruction with an estimated cost of $36,292.65 under IFB 05-10, Annual Contract for General Construction Services to Sagres Construction Corporation with a total estimated cost of $76,046.78 with funding to come from the Spring 2006 Bond, CIP. I further move that if the Saint Bernard Timber Wall Construction sustains additional problems which will increase the above cited costs, then additional approval for funding must be obtained from the Town Council.

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

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




AUTHORIZATION TO CONTINUE TO PURCHASE SENSUS WATER METERS FROM HUGHES SUPPLY, INC., AS A SOLE SOURCE SUPPLIER, AND TO EXPEND APPROVED FISCAL YEAR 2007-2008 BUDGETED WATER AND SEWER FUNDS WITH AN ESTIMATED COST OF $103,000.00.

It was moved for approval to continue purchasing Sensus water meters from Hughes supply inc., as a sole source supplier and to expand approved FY 2007-2008 budgeted Water and Sewer funds with an estimated cost of $103,000.00.

Motion: Robinson
Second: Cole
Carried unanimously – Poll vote

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




CONSENT AGENDA

It was moved for approval of items as presented by the Department of Public Works and contained in this Consent Agenda and designated as items:

#12-1 Extend contract with Lorton Landfill, estimated cost of $124,500.00.
#12-2: Continue riding Fairfax County Council of Governments contract for tires and tubes, estimated cost of $25,000.00.
#12-3: Extend contract for hot mix asphalt, estimated cost of $35,000.00.
#12-4: Extend contract for asphalt milling, overlay and traffic markings, estimated cost of $339,040.00.
#12-5: Extend contract for painting lane markings, speed humps, crosswalks and intersections, estimated cost of $12,000.00.

Motion: Cole
Second: Lovelace
Carried unanimously – Poll vote

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




AWARD OF RFP 07-06, INDEPENDENT AUDITING SERVICES TO ROBINSON FARMER, COX ASSOCIATES IN THE AMOUNT OF $42,668.00.

It was moved for approval to award RFP 07-06 for auditing services for the fiscal years 2007 through 2011, to the firm of Robinson, Farmer, Cox Associates as proposed, and that the Town Manager be authorized to execute the contract.

Motion: Polychrones
Second: Kelleher
Carried unanimously – Poll vote

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




SET DATE FOR PUBLIC HEARING ON A PROPOSED ORDINANCE TO AMEND THE CODE OF THE TOWN OF VIENNA, CHAPTER 9, MOTOR VEHICLES AND TRAFFIC, ARTICLE 1, IN GENERAL, SECTION 9-3, ADOPTION OF STATE CODE.

I move that a Public Hearing be conducted on July 2, 2007, to consider the adoption of the Proposed Ordinance to amend the Code of the Town of Vienna, Chapter 9, Motor Vehicles and Traffic, Article 1, In General, Section 9-3, Adoption of State Code.

Motion: Robinson
Second: Cole
Carried unanimously


It was moved to adjourn.

Motion: Robinson
Second: Cole
Carried unanimously



The Regular Meeting of Council adjourned at 9:25 P.M.





PUBLIC HEARING

PROPOSED ORDINANCE TO AMEND CHAPTER 6, FINANCE AND TAXATION, ARTICLE 3, CIGARETTE TAX, SECTION 6-17, LEVY AND RATE OF THE CODE OF THE TOWN OF VIENNA


June 18, 2007


The Town Council held a duly advertised public hearing on the above cited proposed ordinance amendment on Monday, June 18, 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.

Mayor Seeman called upon the Town Manager to speak on the proposed ordinance amendment.

Mr. Schoeberlein indicated the proposed amendment resulted from considerations made during the Budget Work Sessions to raise the cigarette tax from $.50 per pack to $.75 per pack which would bring the Town’s rate to the same level as that of the City of Falls Church. The estimated revenue to be derived from the increase tax rate for the next fiscal year, essentially eleven months, would be approximately $103,000.00. Mr. Schoeberlein continued by stating that this amount was deducted from the revenue requirements for the real estate property tax, which allowed the Town Council to lower the rate from that originally proposed. In essence, the cigarette tax will allow for the reduction in the tax burden upon the homeowners.

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

It was moved to close the Public Hearing.

Motion: Lovelace
Second: Cole
Carried unanimously – Poll vote

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


It was moved that the Proposed Ordinance Amendment to Chapter 6, Finance and Taxation, Article 3, Cigarette Tax, Section 6-17, Levy and Rate, be placed on the July 2, 2007 agenda for adoption. It was further moved that the Town Clerk be directed to advertise Notices of Intent to Adopt.

Motion: Lovelace
Second: Dellinger
Carried unanimously – Poll vote


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



The Public Hearing adjourned at 8:20 P.M.

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