Minutes

REGULAR COUNCIL MEETING
August 20, 2007


The Town Council met in regular session on Monday, August 20, 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 Councilman Michael J. Polychrones; 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 JULY 2, 2007 AND TWO PUBLIC HEARINGS OF JULY 2, 2007.

It was moved for the approval of the Minutes of the Regular Council Meeting of July 2, 2007 and Two Public Hearings of July 2, 2007.

Motion: Cole
Second: Polychrones
Motion carried unanimously




RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC

Ms. Holly Chu, Director of Public Works, at this time introduced Ms. Heather Deiz the new Civil Engineer with the Department of Public Works. Ms. Chu stated that Ms. Deiz has ten years of experience as a Civil Engineer, seven of which has been with local city and county governments.

Mayor Seeman welcomed Ms. Deiz to the Town of Vienna and expressed the Town Council looked forward to working with her.




REPORT AND INQUIRIES OF COUNCIL MEMBERS

Councilwoman Cole spoke on the annual award ceremony conducted by the Vienna Optimist Club, the “Charles A. Robinson, Jr. respect for law and order” award and offered congratulations to Master Police Officer, Art Sylmar, for being this year’s recipient.

Councilman Lovelace stated the Fairfax County Board of Supervisors Chairman, Gerry Connolly, had given credence to extending the Metro Orange Line further west.

Councilman Lovelace spoke on the Town’s asphalt plan of providing repair to the streets which are in the most need and leaving those areas which do not require immediate work to the last. He stated that he has received several calls in which the citizen(s) complained the various streets look like a “patchwork quilt.” Councilman Lovelace commented that the infrastructure of the Town is the first indicator of how well the Town of doing. He asked that the policy be reviewed with consideration be given to the re-asphalting of entire street rather than providing repair to small areas.

Councilman Dellinger addressed the various methods being employed by other jurisdictions regarding illegal immigrants. He questioned if the Town had a policy regarding the sub-contractors which are hired to do various work projects; if they are required to sign statements indicating they do not hire illegal immigrants.

Councilwoman Cole spoke on the Federal laws regarding the non-hiring of illegal immigrants. She indicated that she had read that the Virginia Municipal League was currently working on drafting a proposal and/or a guide on immigration laws in order to provide a statewide policy regarding enforcement and operation of federal immigration laws as it applies to local governments.

The Town Attorney stated that within the standard provisions contained in the requests for bids, there is a provision that the general contractor must sign in this regard however, he would check to see if it covered the sub-contractors.

Councilman Dellinger also inquired, relative to re-development of lots, if the Town had provisions restricting the removal of trees. He felt that many trees were being removed strictly for the convenience of the builders; that a review of other jurisdictions should be conducted to ascertain their policies on this matter.

Mayor Seeman inquired of Mr. Hembree, Director of Planning and Zoning, if the Town’s ordinances covered single lot re-development relative to the removal of trees; that on subdivision requests, tree retention can be required. Mr. Hembree stated that on single lot development this aspect is only achieved if the builder agrees to the Town’s request.

Councilman Lovelace commented he felt the matter of single lot development should be mentioned to our State Legislators, as the issues warrant tighter legislation.

Councilwoman Robinson complimented Mr. Mark Allen and his staff, of the Department of Parks and Recreation, for their work in keeping all the garden sites beautiful through this summer’s drought.

Councilman Dellinger stated that the American Legion Post #180 baseball team had successfully placed first in the Northern Virginia region; and had come in third in the Virginia State Tournament.

Councilman Polychrones spoke on the National Governmental Accounting Standards Board,(GASB) and the new regulations which require localities to report on the benefits given to retirees. He addressed various problems associated with the new regulations and the impact upon government finance officers. He reported the Virginia Municipal League Executive Board, at their meeting in July, voted to establish a guide for all local governments on how to develop the program and prepare the reports, which he felt would be beneficial to treasurers and finance officers for this burdensome regulation.

Councilman Polychrones spoke on his disappointment on the Vienna Jay C’s having to fold the Chapter after sixty years; that he was a past president of the Chapter and a life member and thereafter, spoke on the various community service activities that they had provided.

Mayor Seeman stated it was also sad to learn that the Chapters from Falls Church and Herndon also had folded due to lack of membership, as with the Vienna Chapter.

Councilwoman Kelleher announced that she is continuing as President of the Madison High School PTSA for the upcoming year. Also she has been requested to take a more active role in the Vienna-Madison Community Coalition for the upcoming year.



REPORT OF THE TOWN MANAGER

Mr. Schoeberlein also spoke on the GASB-45 regulations indicating that several of the associated organizations, such as the Government Finance Officers Association, appear to be uniting in their opposition to the new regulation. He felt that over the next few years those organizations which are stake-holders with GASB, collectively voicing their objections will succeed.



REPORT OF THE MAYOR

Mayor Seeman reminded those present that the Tysons Land Use Task Force will be making a presentation on the implementation on the future of Tysons Corner, on Tuesday, September 18, 2007 at 7:00 P.M. at the Capital One Auditorium. The Mayor indicated that she had provided all the information that had been available to her in the weekly packet.

Mayor Seeman announced that she had participated in the Whiffle Ball Tournament, along with State Senator Devolites-Davis. She commented that Senator Devolites-Davis had batted five home runs out of ten, to her three out of ten; and promised to do better next year.

Mayor Seeman at this time reported on the Closed Session convened this date at 7:15 P.M. She stated the Members of Council had discussed personnel matters and 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, August 20, 2007, the Town Council discussed matters of personnel with the Town Manager regarding 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 September 10, 2007 at 7:15 P.M. in accordance with Virginia Code Section 2.2-371.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: 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.)



PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA

None



PUBLIC HEARING ON A PROPOSED ORDINANCE TO AMEND THE TOWN CODE, CHAPTER 17, SUBDIVISIONS, ARTICLE 5, IMPROVEMENTS, ADDING NEW SECTION 17-67.1, TO REQUIRE COMPLETION OF SIDEWALKS FOR CERTAIN SINGLE LOT DEVELOPMENT.

See Official Minutes attached.




PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE TOWN CODE, CHAPTER 6, FINANCE AND TAXATION, ARTICLE 6, PARTIAL PROPERTY TAX EXEMPTION FOR CERTAIN REHABILITATED REAL PROPERTY, SECTION 6-61 AND 6-62, TO EXTEND THE PROGRAM UNTIL SEPTEMBER 1, 2012.

See Official Minutes attached.



LIST OF DELINQUENT REAL ESTATE PROPERTIES AND THEIR OWNERS TO BE PUBLISHED IN A LOCAL NEWSPAPER AND POSTED ON THE TOWN WEBSITE.

It was moved that the delinquent real estate property tax list submitted by the Director of Finance/Treasurer, exclusive of those having been paid since June 30, 2007, be published in a newspaper of general circulation in the Town and posted on the Town’s web site. It was further moved that it be transmitted to Fairfax County the request that it be posted and entered into County records according to law. It was further moved that real estate taxes delinquent for more than two years be recorded against said properties in the Fairfax County Land Records.

Motion: Cole
Second: Robinson
Carried unanimously – Poll vote

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



INSTALLATION OF A CROSSWALK ON MALCOLM ROAD AT PETERSON LANE PARK.

It was moved for the approval of a recommendation from the Transportation Safety Commission to install a crosswalk on Malcolm Road at Orchard Street.

Motion: Robinson
Second: Cole
Carried unanimously




PROPOSED 2008-2009 HOLIDAY SCHEDULE FOR TOWN EMPLOYEES, ALLOWING THE FRIDAY AFTER CHRISTMAS AND THE FRIDAY AFTER NEW YEAR’S EVE.

It was moved for approval of the proposed changes to the Town 2008-2009 Holiday Calendar.

Motion: Robinson
Second: Mayor Seeman
Motion carried: 6/1 – Poll vote

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




REQUEST AUTHORIZATION TO RIDE CITY OF SUFFOLK, VIRGINIA CONTRACT TO PURCHASE ONE ELGIN CROSSWIND STREET SWEEPER FROM VIRGINIA PUBLIC WORKS EQUIPMENT COMPANY WITH AN ESTIMATED COST OF $138,387.00.

It was moved for approval to purchase one 2007 Elgin Crosswind Street Sweeper under City of Suffolk, Virginia contract number #2007-00523 from Virginia Public Works Equipment Company, with an estimated cost of $138,317.00.

Motion: Dellinger
Second: Robinson
Carried unanimously – Poll vote

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




APPROVAL TO USE GENERAL BOND FUNDS IN AN ESTIMATED AMOUNT OF $180,000.00 FOR CONCRETE REPAIR AND INSTALLATION UNDER CONTRACT IFB #05-10, ANNUAL CONTRACT FOR GENERAL CONSTRUCTION SERVICES WITH SAGRES CONSTRUCTION CORPORATION.

It was moved for approval of the proposal for Concrete Repair and Installation from Sagres Construction Corporation in an estimated amount of $180,000.00 under contract IFB #05-10 Annual Contract for General Construction Services.

Motion: Kelleher
Second: Polychrones
Carried unanimously – Poll vote

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




REQUEST AUTHORIZATION FOR ADDITIONAL APPROVED FISCAL YEAR 2007-2008 FUNDS TO PURCHASE HOT MIX ASPHALT FROM NATIONAL ASPHALT MANUFACTURING CORP., WITH AN ESTIMATED COST OF $50,000.00.

It was moved for approval to expend additional approved FY 2007-2008 budgeted General Funds with an estimated cost of $50,000.00 for IFB #07-06 Asphalt – Hot Mix from National Asphalt Manufacturing Corporation for repairs to streets, potholes, etc., and for the increased use of asphalt for the Asphalt Zipper and Lee-Boy Asphalt Paver.

Motion: Cole
Second: Robinson
Carried unanimously – Poll vote

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




RECOMMENDATION TO RIDE FAIRFAX COUNTY CONTRACT #RQ07-892559-21A WITH AMERICAN TENNIS COURTS, INC., IN THE AMOUNT OF $11,824.80 FOR TENNIS COURT REPAIRS AT MEADOW LANE PARK AND GLYNDON PARK.

It was moved for approval to ride Fairfax County Contract #RQ007-892559-21A with American Tennis Courts, Inc., for maintenance and repairs at Glyndon Park and Meadow Lane Park tennis courts in the amount of $11,824.80.

Motion: Lovelace
Second: Robinson
Carried unanimously – Poll vote

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




RECOMMENDATION TO ALLOCATE CAPITAL IMPROVEMENT PROJECT (CIP) FUNDS AND BID ISSUANCE FOR THE COMPLETION OF THE NORTHSIDE CONNECTOR DECKWALK AND TRAIL, IN AN ESTIMATED AMOUNT OF $125,000.00.

Mayor Seeman entered into the record the e-mails received from Mr. Fred Skaer, Mrs. Mary Ellen Larkins, and Mr. Robert Myers, all in support of the completion of the Connector Trail.

It was moved for approval of the allocation $125,000.00 in CIP Funds to be taken from interest earned on the 2006 Debt Issue, into account #370701-48803 for the Northside Connector Trail. It was further moved for the Director of Parks and Recreation to go out to bid for the connector trail.

Motion: Dellinger
Second: Cole
Carried unanimously – Poll vote

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




REQUEST AUTHORIZATION TO RIDE FAIRFAX COUNTY CONTRACT #RQ07-910459-21L, ONE JOHN DEERE 5225 UTILITY TRACTOR FROM JOHN DEERE COMPANY OF NORTH CAROLINA, UNDER THE APPROVED TOWN OF VIENNA VEHICLE REPLACEMENT PROGRAM WITH AN ESTIMATED COST OF $28,871.50, FOR THE PARKS MAINTENANCE DIVISION.

It was moved for approval to purchase one (1) John Deere 5225 Utility Tractor with loader and cutter attachments under Fairfax County Contract #RQ07-910459-21L, from John Deere Company for a total bid price of $28,871.50. It was further moved that funds for this purchase come from the approved Fiscal Year 2007-2008 Vehicle Replacement Program.

Motion: Lovelace
Second: Cole
Carried unanimously – Poll vote

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




REQUEST FOR APPROVAL TO OBTAIN A CISCO NETWORK HARDWARE MAINTENANCE SUPPORT BLANKET PURCHASE ORDER WITH DISYS OF CHANTILLY, VIRGINIA.

It was moved for approval of a blanket purchase order with Disys in the amount of $2,532.12 to cover the yearly maintenance support for the Cisco switch investment that supports voice, data and video traffic between Town of Vienna government buildings.

Motion: Lovelace
Second: Robinson
Carried unanimously – Poll vote

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



COUNCIL APPROVAL FOR TWO BLANKET PURCHASE ORDERS TO USE TWO VENDORS FOR THE COMPUTER REPLACEMENT PROGRAM, MOSTLY PURCHASING REFURBISHED COMPUTERS.

It was moved for approval for the I.T. Administrator to use two blanket purchase orders with Dell Computer for $30,214.00 and with PC Mall Gov for $12,000.00 for the Computer Replacement Program.

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

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




REQUEST FOR APPROVAL TO OBTAIN A NETWORK SUPPORT BLANKET PURCHASE ORDER WITH AAC OF TYSONS CORNER IN AN AMOUNT OF $14,812.00 TO COVER TWO PLANNED PROJECTS PLUS ANY POTENTIAL EMERGENCY TYPE NETWORK EXPENSES IN FISCAL YEAR 2007-2008.

Discussion ensued relative to the scope of work required under the contract and services to be provided, along with the fact the item represents a sole source purchase. The Town Attorney advised the item would require further review by his office.

It was moved to defer this request for approval to obtain a network support to cover two planned projects, pending the I.T. supplying the Town Attorney with additional documentation for his review.

Motion: Polychrones
Second: Kelleher
Carried unanimously




ADOPTION OF A PROPOSED ORDINANCE TO AMEND THE SCHEDULE OF FEES AS CODIFIED AT SECTION 1-12 OF THE VIENNA TOWN CODE AND PREVIOUSLY PRESENTED AND APPROVED BY THE PUBLIC HEARING CONDUCTED ON JULY 2, 2007.

It was moved for the adoption of the Proposed Ordinance amending Section 1-12 of the Vienna Town Code, Schedule of Fees as indicated in the proposal dated June 11, 2007.

Motion: Dellinger
Second: Lovelace
Carried unanimously – Poll vote

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


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

Motion: Dellinger
Second: Mayor Seeman
Carried unanimously




ACCEPTANCE OF RESIGNATION RECEIVED FROM KATHERINE HUTT FROM THE TOWN/BUSINESS LIAISON COMMITTEE.

It was moved for approval to accept the resignation of Ms. Katherine Hutt from the Town/Business Liaison Committee, effective this date. It was further moved the Mayor is authorized to extend to Ms. Hutt the Town’s appreciation for her service on the Committee since February 17, 2007.

Motion: Mayor Seeman
Second: Cole
Carried unanimously



It was moved to adjourn.

Motion: Robinson
Second: Cole
Carried unanimously


The Regular Meeting of Council adjourned at 9:35 P.M.



PUBLIC HEARING

PROPOSED ORDINANCE TO AMEND THE TOWN CODE, CHAPTER 17, SUBDIVISIONS, ARTICLE 5, IMPROVEMENTS, ADDING NEW SECTION 17-67.1 TO REQUIRE COMPLETION OF SIDEWALKS FOR CERTAIN SINGLE LOT DEVELOPMENT.

August 20, 2008


The Town Council held a duly advertised public hearing on the above cited proposed ordinance, on Monday, August 20, 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 Director of Planning and Zoning to present the proposed ordinance amendment, and noted for the record that the proposed ordinance was recommended for approval by the Planning Commission by a unanimous vote.

Mr. Hembree stated the Virginia General Assembly recently amended paragraph 9 of Section 15.2-2242 of the State Code to permit localities to require the developer of any lot that fronts on an existing street, and when adjacent property on either side has an existing sidewalk, to dedicate land and construct a sidewalk and connect each new sidewalk to the existing adjacent sidewalk(s). He continued by stating the Town Attorney‘s proposed ordinance draft was referred to the Planning Commission for public hearing and recommendation. After the conclusion of a discussion period at the time of the public hearing, by members of the Commission, there were no public comments, the public hearing was closed and the ordinance was recommended for approval by the Town Council. Mr. Hembree indicated that he concurs with the recommendation of the Planning Commission, for approval of the proposed ordinance as prepared by the Town Attorney.

Mayor Seeman called for anyone in the audience desiring to speak on the proposed ordinance amendment.

Mrs. Deborah Brehony, 515 Park Street, S.E., stated she was very much in favor of the proposed ordinance and felt it was a reasonable request for those developing a single lot property. She expressed concern relative to corner lots as corner lots have two front setback’s of twenty-five feet. That in accordance with requirements relative to the facing of the house, (with no existing house on the lot, the new house must face the short-side; an existing house requires facing the new house the same street as that which is existing.) This requirement would impact those looking for a home on a corner lot, it might require the construction of a sidewalk on two sides.

Councilwoman Robinson discussed with the Town Attorney the definition of corner lots. Mr. Briglia stated the reason the State Legislature used the word “fronts” is because some houses do not front on a public access road/street; they front on a private drive; all the houses in Vienna front on a public street. He indicated that he incorporated the exact language of the State Code.

Councilwoman Cole stated the discussion of fronting on a street is identifying the type of house to which the ordinance applies; it does not identify which stretch of street the sidewalk must be placed on; the sidewalk must be placed on any part of the lot if that’s a qualifying house. Upon question of Councilwoman Cole regarding the construction of curb and gutter, Mr. Briglia stated the enabling legislation did not include the wording relative to curb and gutter requirements, that additional authority was not provided.

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

It was moved to close the Public Hearing.

Motion: Polychrones
Second: Dellinger
Carried unanimously


It was moved for approval of the Proposed Amendment to the Code of the Town of Vienna, Chapter 17, Subdivisions, Article 5, Improvements, adding new Section 17-67.1 regarding completion of sidewalks for single lot development. It was further moved that said ordinance amendment be placed on the Agenda of September 24, 2007 for adoption and the Town Clerk be directed to advertise Notices of Intent to Adopt.

Motion: Polychrones
Second: Cole
Carried unanimously – Poll vote

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



The Public Hearing adjourned at 8:30 P.M.




PUBLIC HEARING

PROPOSED ORDINANCE AMENDMENTS TO THE TOWN CODE, CHAPTER 6, FINANCE AND TAXATION, ARTICLE 6, PARTIAL PROPERTY TAX EXEMPTION FOR CERTAIN REHABILITATED REAL PROPERTY, SECTION 6-61 AND 6-62, TO EXTEND THE PROGRAM UNTIL SEPTEMBER 1, 2012.

August 20, 2007


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

Mr. Philip Grant, Director of Finance and Town Treasurer, stated the Town’s revitalization tax exemption program in effect since January 1998, is due to expire on September 1, 2007. The proposed ordinance amendments as drafted will extend the program five (5) more years to September 1, 2012. He further stated that at the present time 32 properties are in the program and are receiving exemptions that total $8,116.68 in tax year 2007. Mr. Grant indicated that since the inception of the program in 1998 the Town had received a total of 80 applications; and through the last tax year 2007, 40 properties had qualified for the exemption; two are still in process and six have dropped out of the program either due to sale of the property or the obtaining of tax relief for the elderly.

Councilman Lovelace discussed with Mr. Grant the number of current participating properties in the program and the dollar costs impact upon the Town Budget. Mr. Grant indicated the impact is minimal being $8,116.68 and the figure would have to increase to $373,000 to equal a one-cent impact.

Councilwoman Kelleher stated it appears there has been a decrease in the number of applications in the last two years. She thereafter, discussed with Mr. Grant the methodology utilized in determining the pre-improvement value versus the post-improvement value.

Mayor Seeman inquired if anyone present desired to speak on the proposed ordinance amendments. Noted for the record there were none.

It was moved to close the Public Hearing.

Motion: Lovelace
Second: Polychrones
` Carried unanimously


It was moved for approval of the proposed amendments to 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 and 6-62 to extend the Revitalization Tax Exemption Program until September 1, 2012. It was further moved that the Town Clerk be authorized to advertise Notices of Intent to Adopt.

Motion: Lovelace
Second: Polychrones
Carried unanimously – Poll vote

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



The Public Hearing adjourned at 8:40 P.M.

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