Minutes

REGULAR COUNCIL MEETING
JULY 2, 2007


The Town Council met in regular session on Monday, July 2, 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 Reverend Roberto Paz of Cristo Es Mi Refugio (Christ Is My Refuge) 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 JUNE 18, 2007 AND ONE PUBLIC HEARING OF JUNE 18, 2007.

It was moved for the approval of the Minutes of the Regular Council Meeting of June 18, 2007 and One Public Hearing of June 18, 2007.

Motion: Cole
Second: Lovelace
Motion carried unanimously




RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC

Matthew DiFiore, 207 Owaissa Court, S.E., addressed Council and discussed the height of existing bushes at the corner of Adahi Road and Glyndon Street; the current status of reinstallation of red light cameras, with the Town Manager indicating that associated costs were currently being developed re the reinstallation. Mr. DiFiore thereafter, discussed with the Town Attorney the concept of lowering the speed limit in residential areas; along with a proposal to the Town Council to realign the Town of Vienna boundary from the Hunter Mill District to the Providence District. He stated his rationale was predicated on the fact the growth issues facing the Town are driven by density issues associated with Tysons and Vienna Metro and both issues are under the auspices of Providence District; that Vienna citizens have no recourse re the election of the Providence District Supervisor; and that existing efforts to influence growth have failed.




REPORT AND INQUIRIES OF COUNCIL MEMBERS

Councilwoman Cole spoke of the renaming of the Vienna Post Office and the tribute provided to the two gallant Military Officers for which the Post Office has now been named.

Councilwoman Cole spoke of the response received from the Secretary of the Electoral Board to the inquiry made by the Town Attorney. She indicated her disappointment that the Town had not received copies of the referenced documents as cited in the letter of response; and indicated she would like to obtain copies of the material, such as the Minutes of the Electoral Board in the 1970’s and e-mail correspondence relative to the recent May Town Election.

Discussion ensued regarding the content of the e-mail correspondence which transpired between the staff members of the Electoral Board; potential changes to the procedure relative to future Town Elections; and the time frame for receipt of the Town Attorney’s investigative report.

Councilwoman Kelleher spoke of hearings before the Fairfax County Planning Commission on rezoning applications on property located on Beulah Road, and indicated the application had not come before the Hunter Mill Land Use Committee for recommendation.

Councilwoman Robinson spoke of the prior consideration and recommendation of the Town that an egress to Route #66 in the Merrifield Area should be considered by the County. She indicated that based on the several large developments being constructed in the Merrifield area and the increased traffic impact, it was time to again bring this matter to the County’s attention.

Mayor Seeman indicated that the Merrifield plans had been developed and were in progress and felt all the available land for such access had been taken.

Councilman Dellinger discussed with the Town Manager the time frame for a response from the Fairfax County Water Authority regarding recent inquiries relative to the provision of water, etc., to the Town. Mr. Schoeberlein indicated that in depth negotiations would begin in the early fall.

Councilman Lovelace requested that at the September Work Session, or as soon as possible after that date, an information plan on the current status along with a CIP plan, regarding the water and sewer systems.



REPORT OF THE TOWN MANAGER

None



REPORT OF THE MAYOR

Mayor Seeman stated she would propose that the Church Street parking plan be revisited, first through the Planning Commission. The Mayor indicated that in speaking with several of the Church Street Merchants, the problem seems to be the people who park on the street the entire day. It was suggested that the two hour parking restriction be enforced, which would send the message to those utilizing the parking spaces all-day.

Councilwoman Robinson suggested that a more attractive and visible sign indicating “adequate parking in the rear” would alleviate some of the problems.

Councilman Lovelace stated that when the plan comes back to the Town Council, he would propose that providing a parking garage be explored. The concept might require a partnership between the businesses and the Town; that there is a portion of land behind the Vienna Inn and in that general area which could be considered; and the matter should be further explored as it would alleviate many of the parking issues in general.

Councilman Polychrones indicated that former Delegate Richard Fisher had obtained authority from the State during his tenure, for the Town to construct a parking garage and parking authority. He did not believe the authority had a sunset provision and requested the Town Attorney to investigate the matter.

Mayor Seeman spoke on the drainage problem being experienced on Oblique Street, N.W. The Town Manager indicated that Oblique Street had been vacated and that he would investigate the matter and determine if an easement in favor of the Town existed.

Mayor Seeman indicated that on July 17, 2007, at 9:00 A.M. the consulting firm for Tysons Corner Task Force has requested the opportunity to address the Town Council on the development.

The Mayor requested the Members of Council to begin thinking on the various legislative issues that should be brought before Senator Devolites-Davis and Delegate Shannon for the upcoming General Assembly Session.

Mayor Seeman spoke on the Beulah Road project and of her recent discussion with the Director of Public Works. She indicated that Ms. Chu had suggested that when the project was approximately half finished, the Town Council should conduct a walk-thru, along with VDOT representatives.

Councilman Dellinger suggested that the walk-thru should be done at twenty-five and fifty percent completion, as many concerns are being expressed by citizens along the street.

Mayor Seeman announced that Governor Kaine would be visiting Vienna during the festivities on July 4th, at the Community Center, from 1:15 P.M. to 2:15 P.M. and invited Members of Council to meet with him.

Mayor Seeman at this time reported on the Closed Session convened at 7:00 P.M. She stated the Closed Session had been called for the purpose of discussing matters of personnel and also interviewing candidates for appointment and reappointment to Town Boards and Commissions. The Mayor 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, July 2, 2007, the Town Council discussed matters of personnel, specifically the conducting of interviews with individuals interested in appointment and/or reappointment to Town Boards and Commissions, along with discussion with the Town Attorney re assignments, promotions and salaries of specific employees. 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 August 20, 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.

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

It was moved that Mark Uhron be appointed to the Town/Business Liaison Committee as a Citizen Member for a two year term of office, said term to be effective July 3, 2007 and expire July 3, 2009. It was further moved that David Lamphear be reappointed to the Board of Architectural Review for a two year term of office, said term to be effective July 11, 2007 and expire July 11, 2009.

Motion: Kelleher
Second: Polychrones
Carried unanimously

It was moved that the following members of Council be appointed to the specified Local Committees for Fiscal Year 2007-2008: Northern Virginia Regional Commission, Mayor Jane Seeman; Town Employee Retirement Committee, Councilwoman Maud Robinson; Representative to the Fairfax County Board of Supervisors, Council Mike Polychrones; Liaison to the Providence District Council, Councilwoman Laurie Cole; Representative to the Hunter Mill Land Use Committee, Councilwoman Edythe Kelleher; Representative to the Northern Virginia Regional Park Authority, Councilman Dan Dellinger; Community Appearance Alliance, Councilman George Lovelace. It was further moved that Councilman Dan Dellinger be appointed as Mayor Pro Tempore for Fiscal Year 2007-2008. It was further moved that the following individuals be appointed to the Town Charter Committee for Fiscal Year 2007-2008: Mayor Jane Seeman, Chairman; Town Manager, John Schoeberlein; Town Attorney, Steve Briglia; and all Members of Council.

Motion: Mayor Seeman
Second: Cole
Carried unanimously



PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA

None


PUBLIC HEARING TO CONSIDER A PROPOSED REVISION TO THE SCHEDULE OF FEES AS CODIFIED AT SECTION 1-12 OF THE CODE OF THE TOWN OF VIENNA.

See Official Minutes attached.
PUBLIC HERING 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.

See Official Minutes attached.



REQUEST FOR APPROVAL TO INSTALL TWO PUBLIC USE TRAILERS AT CUNNINGHAM PARK ELEMENTARY SCHOOL, AT PROPERTY LOCATED AT 1001 PARK STREET, S.E., AND IN THE RS-10 SINGLE FAMILY DETACHED RESIDENTIAL ZONE, FILED BY JOHN SOUSER, ADTEK ENGINEERING, AGENT FOR FAIRFAX COUNTY PUBLIC SCHOOLS, OWNER.

Mr. John Souser, Engineer, from ADTEK Engineering, along with Gary Chevalier, Director of Facilities Services, Fairfax County Public School and Sunny Sarna also from Department of Facilities Services, were present to answer questions of the Town Council. Mayor Seeman questioned if the new trailers were on asphalt to which they responded in the affirmative, also stating the existing trailers were not located on asphalt. Mayor Seeman questioned if an additional asphalt area could be provided for a play area, which is of concern to the school and parents as a portion of the existing asphalt area would be lost. Mr. Sarna stated they would review the plans with staff however, in addition to the asphalt area they would have to comply with storm water management requirements.

Councilman Dellinger discussed with Mr. Sarna the basis for adding the new trailers, with determination being made it was based on the kindergarten program going to a full day in lieu of half day. Councilman Dellinger discussed with Mr. Sarna what precipitated the request for approval of the trailers for three years in lieu of two years; along with possible future additions to the school. Mr. Sarna indicated that enrollment increases each year; he did not see anything in the CIP for expansion or reconstruction at this time.

Mayor Seeman for informational purposes stated the Town Code allowing for the three year period of approval was an agreement worked out with the school representatives several years ago.

Councilwoman Cole discussed with Mr. Sarna the age of the trailers, the number of entrances, along with heating and air-conditioning features and inspections. Mr. Sarna also indicated that all features of the trailers have been approved by the Fire Marshal.

Councilman Dellinger inquired as to the safety of the trailers during severe weather conditions, to which Mr. Sarna replied there is a Code requirement relative the anchoring of the trailers and up to the wind speed which can be sustained.

It was moved for approval to install two (2) Public Use Trailers at Cunningham Park Elementary School on property located at 1001 Park Street, S.E., and in the Rs-10 Single-Family Detached Residential Zone.

Motion: Dellinger
Second: Lovelace
Carried unanimously – Poll vote

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


It was moved that said approval shall be for a two year period of time.

Motion: Dellinger
Second: Lovelace
Carried unanimously- Poll vote

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




REPLACEMENT OF SECURITY CAMERAS, INSTALLED IN 1998 AT THE COMMUNITY CENTER, USING PUBLIC, EDUCATION AND GOVERNMENT (PEG) FUNDS.

It was moved for approval to purchase a replacement security system for the Community Center, riding Fauquier County contract #47-06khc from SETEC not to exceed $43,731.59 using PEG fund account #18900-48719.

Motion: Dellinger
Second: Lovelace
Carried unanimously – Poll vote

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




AUTHORIZATION TO AWARD RFP 07-04 ENGINEERING, TO TRI-TEK ENGINEERING OF HERNDON, VIRGINIA FOR ON-CALL AND AS-NEEDED ENGINEERING SERVICES.

It was moved for approval to award RFP 07-04, Comprehensive Engineering Services on an as-needed basis to Tri-Tek Engineering for Fiscal Year 2007-2008 with an option to renew for two additional years.

Motion: Polychrones
Second: Kelleher
Carried unanimously – Poll vote

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




AWARD IFB 08-01, ASPHALT REPAIR TO MOUNT VERNON ASPHALT & PAVING, INC., AND EXPEND APPROVED FISCAL YEAR 2007-2008 BUDGETED FUNDS WITH AN ESTIMATED COST OF $44,425.00.

It was moved for approval to award IFB 08-01, asphalt repair, to Mount Vernon Asphalt & Paving, Inc., and to expend approved FY 2007-2008 budgeted funds with an estimated cost of $44,425.00.

Motion: Lovelace
Second: Robinson
Carried unanimously – Poll vote


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




REQUEST APPROVAL TO CONTINUE RIDING THREE FAIRFAX COUNTY CONTRACTS WITH NORTHERN VIRGINIA SUPPLY, INC.(AFTERMARKET AUTO PARTS AND GENERAL REPAIRS, MOTOR OILS, LUBRICANTS AND GREASES, AND EMERGENCY VEHICLE LIGHTING SUPPLIES), AND EXPEND APPROVED FISCAL YEAR 2007-2008 BUDGETED FUNDS WITH A TOTAL ESTIMATED COST OF $15,500.00.

It was moved for approval to continue riding RQ07-883871-11D, Aftermarket Auto Parts and General Repairs, BL05-742702-23B, motor oils, lubricants and greases and BL03-621219-23F, Emergency vehicle lighting, supplies, etc, all with Northern Virginia Supply, Inc., and expend approved FY 2007-2008 budgeted funds with a total estimated cost of $15,500.00

Motion: Polychrones
Second: Dellinger
Carried unanimously – Poll vote

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




APPROVAL TO CONTINUE RIDING TWO FAIRFAX COUNTY CONTRACTS WITH MSC EQUIPMENT, INC., OF RICHMOND, VIRGINIA. (SNOW CONTROL EQUIPMENT, PARTS AND SERVICES AND PARTS AND SERVICE FOR SEWER RODDERS AND SEWER CATCH BASIN CLEANERS) AND TO EXPEND APPROVED FISCAL Year 2007-2008 BUDGETED FUNDS WITH AN ESTIMATED COST OF $14,000.00.

It was moved for approval to continue riding Fairfax County Contracts BL03-601137-23D, Snow Control Equipment, Parts and Services and RQ07-903200-41B, Parts and Service for Sewer Rodders and Sewer/Catch Basin Cleaners, with MSC Equipment, Inc., and to expend approved Fiscal Year 2007-2008 budgeted funds with an estimated cost of $14,000.00.

Motion: Kelleher
Second: Polychrones
Carried unanimously – Poll vote

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



AUTHORIZATION TO EXTEND CONTRACT IFB 07-03, HYDRAULIC CEMENT CONCRETE, WITH CARDINAL-VIRGINIA CONCRETE COMPANY, INC., AND EXPEND APPROVED FISCAL YEAR 2007-2008 BUDGETED FUNDS IN AN ESTIMATED AMOUNT OF $30,000.00.


It was moved for approval to extend IFB 07-03, Hydraulic Cement Concrete with Cardinal-Virginia Concrete Co. Inc., for the first (1st) of four (4) possible one year extensions and expend approved FY 2007-2008 budgeted funds with an estimated cost of $30,000.00.

Motion: Cole
Second: Lovelace
Motion carried: 6/1 Absent

Voting Aye: Cole, Dellinger, Kelleher, Lovelace, Polychrones,
Mayor Seeman
Absent: Robinson (out of room)




REQUEST APPROVAL TO RIDE VIRGINIA INFORMATION TECHNOLOGIES AGENCY CONTRACT #VA-040801-VERV TO PURCHASE T-1 SERVICE FROM VERIZON WITH A POINT-TO-POINT CIRCUIT AND THE REQUIRED CISCO ROUTER FOR THE POLICE DEPARTMENT’S COMPUTER AIDED DISPATCH, LAW ENFORCEMENT RECORDS AND MOBILE DATA SYSTEM AT A COST NOT TO EXCEED $12,500.00.

Chief Carlisle requested that this item be deferred to the next Council Meeting.

It was moved to defer this item to the next Council Meeting of August 20, 2007.

Motion: Polychrones
Second: Lovelace
Carried unanimously




AWARD OF IFB 06-12 POLICE DEPARTMENT RADIO MAINTENANCE AGREEMENT FOR FISCAL YEAR 2007-2008.

It was moved for approval to enter into the first of up to three one-year extensions to the original contract signed in response to IFP 06-12 for the purchase of a radio maintenance agreement for the Police Department’s radios, from Motorola Wireless Communications, Inc., for a total cost of $1,254.25 monthly or $15,051.00 per year.

Motion: Lovelace
Second: Polychrones
Carried unanimously – Poll vote

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



APPROVAL TO RIDE COMMONWEALTH OF VIRGINIA CONTRACT NUMBER 2000101-70VAPP FOR THE PURCHASE OF POLICE UNIFORMS AND ACCESSORIES IN AN AMOUNT NOT TO EXCEED $37,500.00 PER YEAR.

It was moved for approval for the Police Department to ride the Commonwealth of Virginia Contract 2000101-70VAPP for the purpose of purchasing police uniforms and accessories at a cost not to exceed $37,500.00.

Motion: Cole
Second: Kelleher
Carried unanimously – Poll vote

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




APPROVAL TO RIDE FAIRFAX COUNTY CONTRACT NUMBER BL05-742559-23A-B FOR THE RENTAL OF VEHICLES FROM THRIFTY CAR RENTAL FOR THE POLICE DEPARTMENT.

It was moved for approval for the Police Department to ride the Fairfax County Contract #BL05-742559-23A-B for the purpose of obtaining rental vehicles in an amount not to exceed $12,000.00.

Motion: Kelleher
Second: Robinson
Carried unanimously – Poll vote

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




RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT THROUGH A CAPITAL LEASE IN FY 2007-2008.

It was moved for the adoption of a Resolution authorizing the capital lease financing of equipment to be purchase as evidence of the Town’s official intent for the purpose of Section 1.150-2 of U.S. Treasury Regulations.

Motion: Cole
Second: Lovelace
Carried unanimously – Poll vote

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




SOLE SOURCE RENEWAL OF FINANCIAL SYSTEM SOFTWARE AND HARDWARE SUPPORT BY SUNGARD/PENTAMATION ENTERPRISES, INC, FOR FYE 2008.

It was moved for approval to award Fiscal Year Ending 2008 support services for the Town’s central financial system to Sungard/Pentamation Enterprises, Inc. in an amount estimated not to exceed $34,500.00 on the basis of its being the only practical sole source to provide each support for said system. It was further moved the Mayor be authorized to prepare a letter providing the necessary provisions of the sole source procurement.

Motion: Lovelace
Second: Cole
Carried unanimously – Poll vote

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



SOLE SOURCE APPROVAL FOR RENEWAL OF STORAGE SPACE RENTAL FOR TOWN HALL RECORDS DURING FYE 2008.

It was moved for approval to rent storage space from United Storage in Vienna as the practical sole source during Fiscal Year ending 2008 for an amount not to exceed $28,872.00. It was further moved that the Mayor be authorized to prepare a letter providing the necessary provisions of the sole source procurement.

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

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



SET DATE FOR PUBLIC HEARING TO CONSIDER A PROPOSED ORDINANCE TO AMEND THE CODE OF THE TOWN OF VIENNA, CHAPTER 6, FINANCE AND TAXATION, ARTICLE 6, PARTIAL PROPERTY TAX EXEMPTION FOR CERTAIN REHABILITATED REAL PROPERTY, SECTION 6-61(F) AND SECTION 6-62(F).

It was moved that a Public Hearing be set for August 20, 2007 to consider a proposed ordinance that would amend the Code of the Town of Vienna, Chapter 6, Finance and Taxation, Article 6, Partial Property Tax Exemption for Certain Rehabilitated Real Property, Section 6-61(F) and Section 6-62(F).

Motion: Lovelace
Section: Cole
Carried unanimously




SET DATE FOR PUBLIC HEARING ON A 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 DEVELOPMENT.

It was moved for approval to set the date of August 20, 2007 for a public hearing on a 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 Development.

Motion: Dellinger
Second: Robinson
Carried unanimously



ADOPTION OF PROPOSED ORDINANCE TO INCREASE THE CIGARETTE TAX.

It was moved for adoption of the Proposed Ordinance amending the Town Code, Chapter 6, Finance and Taxation, Article 3, Cigarette Tax, Section 6-17, Levy and Rate, by changing the excise tax from fifty (50) cents to seventy-five (75) cents per package containing twenty (20) cigarettes, and from two and one-half (2.5) cents to three and three-fourth (3.75) cents for each cigarette contained in packages of fewer or more than twenty (20) cigarettes sold or used within the Town. It was further moved that the Town Clerk be directed to advertise a Notice of Adoption.

Motion: Cole
Second: Robinson
Carried unanimously – Poll vote

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


It was moved to adjourn.

Motion: Robinson
Second: Cole
Carried unanimously



The Regular Meeting of Council adjourned at 9:40 P.M.




PUBLIC HEARING

Proposed Revision to the Schedule of Fees as Codified at Section 1-12 of the Code of the Town of Vienna.

July 2, 2007


The Town Council held a duly advertised Public Hearing on the proposed revision to the Schedule of Fees as Codified at Section 1-12 of the Code of the Town of Vienna, on Monday, July 2, 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 Mr. Greg Hembree, Director of Planning and Zoning to present the proposed revision to the Schedule of Fees, as codified in Section 1-12 of the Town Code.

Mr. Hembree indicated that the Planning and Zoning staff had been requested to review the current fee schedule to that of surrounding jurisdictions and to recommend revisions to those fees that were not changed in 2005. Mr. Hembree continued by stating Council had reviewed the proposed revisions as recommended by staff, at their Work Session of June 11, 2007. The revisions are relevant to zoning changes, subdivision plats, site plans, as-built plan reviews, sign permits, Zoning Administrator determination letters, and to submittal fees for items before the Board of Zoning Appeals, Board of Architectural Review, and appeals from the Windover Heights Board of Review; and have been recommended based on the fees charged by surrounding jurisdictions.

Mayor Seeman inquired if anyone in the audience wished to speak in favor or in opposition to the proposed revisions to the Schedule of Fees.

Mr. Michael Covel, 130 Pleasant Street, N.W., questioned the logic of the fee change recommended for appeals from the Windover Heights Historic District Review Board.

Mayor Seeman indicated the change is based on not only the staff time for letters that must be prepared and sent, but for the increase in advertising costs charged by the newspapers.

Mr. Hembree also stated that there are no fees required for the original applications to the Windover Heights Review Board as there is no requirement for advertising. However, when an appeal is filed from a decision of the Board to the Town Council, there is a Code requirement requiring advertising.

Mr. Covel thereafter, spoke on what he feels to be inadequacies in the Code relative to the Historic District and the Review Board, along with his objections to the fees for appeals from the Windover Heights Review Board.

Mayor Seeman inquired if anyone else wished to speak on the proposed fee amendments. Noted for the record there were none.

It was moved to close the Public Hearing.

Motion: Cole
Second: Robinson
Carried unanimously – Poll vote

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


It was moved for the approval of revisions to Section 1-12 of the Vienna Town Code, Schedule of Fees, as indicated in the proposal dated June 11, 2007. It was further moved that the proposed amendment be placed on the agenda of August 20, 2007 for adoption and the Town Clerk is directed to advertise Notices of Intent to Adopt.

Motion: Cole
Second: Dellinger
Carried unanimously – Poll vote

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


*Noted for the record, copy of the proposed Schedule of Fees dated June 11, 2007 attached to Official Minutes.






The Public Hearing adjourned at 8:45 P.M.





PUBLIC HEARING

PROPOSED AMENDMENT TO THE CODE OF THE TOWN OF VIENNA, CHAPTER 9, MOTOR VEHICLES AND TRAFFIC, ARTICLE 1, IN GENERAL, SECTION 9-3, ADOPTION OF STATE CODE.

July 2, 2007


The Town Council conducted a duly advertised Public Hearing on Proposed Amendment to the Code of the Town of Vienna, Chapter 9, Motor Vehicles and Traffic, Article 1, In General, Section 9-3, on Monday, July 2, 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.

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

Mr. Briglia stated the proposed amendment is authorized by Virginia Code Section 46.2-1313, and permits the Town to continue to adopt by reference certain state code traffic violations and definitions. He further stated that the amendment is adopted every year in conformance to the changes adopted by the General Assembly; it conforms the Town Code to that of the State Code.

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

It was moved to close the Public Hearing.

Motion: Robinson
Second: Polychrones
Carried unanimously


It was moved for 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. It was further moved the Town Clerk be directed to advertise a Notice of Adoption.

Motion: Robinson
Second: Cole
Carried unanimously – Poll vote

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




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

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