Minutes

REGULAR COUNCIL MEETING
September 24, 2007


The Town Council met in regular session on Monday, September 24, 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 the Reverend Mary Katherine Morn, of the Unitarian Universalist Congregation of Fairfax; 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 SEPTEMBER 10, 2007, ONE PUBLIC HEARING OF SEPTEMBER 10, 2007 AND SPECIAL COUNCIL MEETING OF SEPTEMBER 17, 2007.

It was moved for the approval of the Minutes of the Regular Council Meeting of September 10, 2007, one Public Hearing of September 10, 2007 and Special Council Meeting of September 17, 2007.

Motion: Cole
Second: Polychrones Motion carried unanimously



RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC

Mr. Scott Monett, President, Tysons Tunnel organization, was introduced by Captain (Ret.) Jack Mitchell, President, Westbriar Civic Association, who stated they were present to speak on the proposed Tysons tunnel versus overhead rail issue. Mr. Monett offered into the record a letter to each of the members of the Town Council which requested a letter of support of an underground tunnel in lieu of the overhead rail. He expressed appreciation to the Council for the Town’s original resolution adopted on December 4, 2006, in support of the Tysons Tunnel organization mission which supports competitive bidding for a tunnel through Tysons Corner as part of the rail extension to Dulles International Airport. Mr. Monett stated the project is currently before the Federal Transit Administration (FTA) and considerable pressure is being exerted on the FTA to approve the elevated railway which will cause decades of negative impact on Tysons Corner and the surrounding communities of Vienna, McLean, Great Falls and Falls Church. He indicated the organization was requesting that the community leaders in and around the impact zone to sign a letter making it immensely clear that the true locally preferred option is a competitive procurement process and a tunnel through Tysons Corner.

Councilman Lovelace discussed the rational being considered by the FTA with Mr. Monett, who also indicated that Congressman Davis has indicated that a contingency plan be developed and put into place.

Council Members Cole and Robinson discussed with Mr. Monett the time frame and scheduling before a final decision by the FTA will be reached, along with discussion regarding the recommendations emanating from “Richmond” for an above-ground rail system.

Mayor Seeman inquired as to when Mr. Monett would like to receive the letters of support, to which he responded five or ten days.

Councilwoman Cole acknowledged all the time and work that Captain Mitchell had put into this matter and expressed appreciation on behalf of the Town Council.

Mayor Seeman at this time presented to the following individuals and business the Beauty Spot Awards as selected by the Community Enhancement Commission: Christine and Michael McNall, 205 Prescott Circle, S.E.; Park Street, LLC, 115 Park Street, S.E., Suite 200; Kathryn L. Shroeder, 104 Harmony Drive, S.W.; Stephen Sickels and Elizabeth Lemersal, 604 Birch Street, S.W.



REPORT AND INQUIRIES OF COUNCIL MEMBERS

Councilwoman Cole mentioned that the Vienna Optimist Club was holding its second annual fund raising walk for “Growing Hope” on October 6, 2007 along the W&OD Trail at 8:30 A.M. She stated that last year the Vienna Optimist Club raised the second largest amount of money in North America through the Optimist Childhood Cancer Campaign. Councilwoman Cole indicated that Growing Hope provides services to pediatric cancer patients in the community.

Councilwoman Cole stated she wanted to commend the Department of Parks & Recreation and Club Phoenix for their upcoming program on Internet Safety to be held on October 1, 2007.

Councilwoman Cole stated that she and the Mayor had attended the latest public meeting of the Tysons Land Use Task Force on September 18, 2007; the subject being on “Implementing the Future of Tysons Corner.” She indicated that the meeting did not provide any information as to how the plan would be implemented. There were several knowledgeable panelists who were probably experts in their field, who spoke on how business areas can be operated or revitalized; one panelist indicated that this was the fourth time in his life that he had been in the Tysons Corner area; however, nothing was provided relative as to how Tysons Corner would be made into a twenty-four hour urban center with a grid of streets, etc.

Councilwoman Robinson inquired as to the new proposed Town entrance signs, with the Director of Parks & Recreation stated the proposal was explored however, it had not been approved in the final Budget considerations.

Councilman Lovelace inquired of the Town Manager the status of the water and sewer infrastructure report, to which Mr. Schoeberlein indicated that Ms. Chu and Mr. Anderson were currently working on development of the report.

Councilwoman Kelleher spoke of a Notice from the County relative to a Planning Commission hearing on Sonic Infinity at Tysons Corner; she indicated the Hunter Use Land Use Committee has been requested by the applicant that the matter be deferred at this time.



REPORT OF THE TOWN MANAGER

None




REPORT OF THE MAYOR

Mayor Seeman indicated that Mr. Bob Mizer, Fairfax County Fire and Rescue had retired; he had been the liaison between the County Fire Department and the Town Volunteer Fire Department. This evening, the Vienna Volunteer Fire Department bestowed on Mr. Mizer an honorary membership in the Town’s volunteer organization.

Mayor Seeman announced that Hollywood Video’s was leaving its location due to the high increase in rent.

Mayor Seeman announced that the Town would be receiving a one-time check from the State based on non-payment of cell phone taxes by a number of telecommunication providers. She further stated that mobile phone tax is increasing while land line tax is decreasing at the rate of approximately five percent per year.

Mayor Seeman further spoke on the Governor’s announcement regarding a five percent budget cut only represents one-half of the deficit. She commented that the decrease would probably be in areas such as ABC profits, monies received from #599 funds, etc. The Association of Northern Virginia Towns is preparing a letter to the Governor requesting that Towns need the revenues in order to provide appropriate services to the citizens.

Councilman Polychrones in response to an inquiry of Councilwoman Robinson relative to discussion of the budget deficit during the Virginia Municipal League (VML) Conference, stated this matter had been explored during the VML Executive Meeting in July and will be an item on the Agenda during the conference. He further commented that he and the Mayor had participated in a conference call with the Governor last year, during which the Governor had stated that absolutely road maintenance fees would not be cut; at the present time the Governor is indicating that road maintenance/per lane fees would be cut. Councilman Polychrones stated the VML Executive Committee would be addressing this issue in depth at the Conference.

Mayor Seeman recognized two Boy Scouts in the audience who were present from Troop #976 and #1143 working on their Communications and Citizenship in the Community Merit Badges.

Mayor Seeman reported on the Closed Session convened this date at 7:15 P.M., stating it had been called for the specific purpose of meeting with the Town Manager to discuss personnel matters regarding promotions, and salary adjustments for certain employees; 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, September 24, 2007, the Town Council met with the Town Manager to discuss personnel issues regarding assignments, promotions and salaries of certain 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 October 1, 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: 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, recorded same and thereafter, executed the Certification Resolution. (Original attached to Official Minutes.)




PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA

None




PROPOSED CONSENT FOR JOINT APPLICATION FOR VIENNA ELEMENTARY SCHOOL RENOVATIONS, AS A REQUEST WAS MADE TO USE THE LOCUST STREET, S.E. RIGHT-OF-WAY FOR INGRESS/EGRESS TO THE SCHOOL.

It was moved that the proposed Consent for Joint Application be approved and the Mayor be authorized to execute the Consent document and the Town Clerk to attest same.

Motion: Kelleher
Second: Dellinger
Carried unanimously – Poll vote

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




APPROVAL OF THE NORTHERN VIRGINIA REGIONAL HAZARD MITIGATION PLAN DATED MARCH 2006.

It was moved for the approval of the Northern Virginia Regional Hazard Mitigation Plan dated March 2006, along with the associated resolution and supplement.

Motion: Polychrones
Second: Cole
Carried unanimously – Poll vote
Voting Aye: Cole, Dellinger, Kelleher, Lovelace, Polychrones, Robinson, Mayor Seeman


Noted for the record that Mr. Dave Schwengel, representing the Northern Virginia Regional Commission was present and spoke on this item and the development of the plan.



REQUEST APPROVAL FOR SITE PLAN MODIFICATIONS PERTAINING TO SETBACKS, LOT COVERAGE AND TREE CANOPY COVERAGE FOR CONSTRUCTION OF A STORAGE BUILDING WITHIN THE TOWN’S PARK MAINTENANCE YARD, ON PROPERTY LOCATED AT 247 NUTLEY STREET, N.W.

Mayor Seeman entered into the record the Planning Commission Memorandum of recommendation dated September 18, 2007. (Copy attached to Official Minutes.)

Ms. Cathy Salgado, Director of Parks & Recreation, presented the plan for the records storage building, location on site and site plan modifications required to side-yard setback requirements, lot coverage, tree canopy; and thereafter, pointed out the location of the structure and required modifications on a large display board.

Discussion was conducted by Council Members regarding features of the structure as required by the State of Virginia, along with location of any residential homes, school, etc. in that area.

It was moved for the approval of the requested site plan modifications pertaining to side-yard setback requirements, and lot coverage and the requested waiver from the tree canopy coverage requirement for the purpose of constructing a storage building , (to be addressed as 249 Nutley Street, N.W.) within the Town’s Park Maintenance Yard, on property located at 247 Nutley Street, N.W. and in the RS-12.5 Single-Family Detached Residential zone as filed by Catherine Salgado, Director of Parks & Recreation and agent for the Town of Vienna, owner.

Motion: Dellinger
Second: Lovelace
Carried unanimously – Poll vote

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



ADOPTION OF 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 DEVELOPMENTS THAT FRONT AN EXISTING STREET WHERE ADJACENT PROPERTY ON EITHER SIDE HAS AN EXISTING SIDEWALK.

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

Motion: Polychrones
Second: Cole
Carried unanimously – Poll vote

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



ADOPTION OF PROPOSED ORDINANCE AMENDMENTS TO THE CODE OF THE TOWN OF VIENNA, CHAPTER 6, SECTION 6-61 AND 6-62 TO EXTEND THE REVITALIZATION TAX EXEMPTION PROGRAM UNTIL SEPTEMBER 1, 2012.

It was moved for adoption of the Proposed Ordinance 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; Sections 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 directed to advertise a Notice of Adoption.

Motion: Lovelace
Second: Polychrones
Carried unanimously – Poll vote

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



REQUEST APPROVAL TO AWARD A FOUR-YEAR CAPITAL LEASE CONTRACT OF $600,000.00 IFB #08-03 TO COMMERCE BANK, IN ORDER TO FINANCE THE VEHICLE AND EQUIPMENT REPLACEMENT PROGRAM FOR FISCAL YEAR ENDING 2008.

Councilman Polychrones disclosed for the record that Commerce Bank had a seat on the Board of Directors of his employer, the American Bankers Insurance Association.

It was moved for approval to award IFB 08-03 to Commerce Bank on the basis of its having submitted the lowest responsive and responsible bid. It was further moved the Mayor, Town Manager and Director of Finance be authorized to execute such financing contract documents as may be required.

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

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