Minutes

REGULAR COUNCIL MEETING
November 19, 2007


The Town Council met in regular session on Monday, November 19, 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 Town Attorney, Steven D. Briglia; 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 NOVEMBER 5, 2007 .

It was moved for the approval of the Minutes of the Regular Council Meeting of November 5, 2007.

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

Abstaining: Polychrones (Not present at 11/5/07 Meeting)




RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC.

Mayor Seeman recognized a Boy Scout out in the audience and invited him to come forward and introduce himself. He indicated he was a member of Troop #152, Vienna Presbyterian Church, and was present working on his Communication Badge.



REPORT AND INQUIRIES OF COUNCIL MEMBERS.

Councilman Lovelace discussed with Mayor Seeman the Legislative Agenda proposed by the Town of Herndon and inquired if there were any items proposed that Vienna could not support.

Councilwoman Cole indicated that the Town of Herndon was requesting that legislation be adopted that would allow the state law not be pre-empted by the federal law relative to certain aspects of immigration enforcement. She felt the issue was more complex than what has been stated and she was hesitant to commit support for that item.



REPORT OF THE TOWN MANAGER.

Mr. Schoeberlein stated the reinstallation of the speed humps on Branch Road would be delayed until spring.

Councilwoman Robinson indicated that she felt the Town was very fortunate with the contractor as representatives of VDOT had spoken very highly of the company performing the work on Branch Road; that he was cooperative and completed his work and she felt sure all aspects of the Branch Road project would be finalized.



REPORT OF THE MAYOR

Mayor Seeman stated that the Tysons Land Use group would be conducting a Transportation Planning for the future of Tysons Corner meeting, on Monday, November 26, 2007 at 7:00 P.M. The Mayor indicated it was the same night of the Church Street Holiday Stroll. She questioned if anyone on Council desired to attend the meeting; she and Councilwoman Cole had been to several of these scheduled meetings however, if anyone wishes to attend she would invite them to go. Mayor Seeman also indicated that she would check with Mr. Ed Chase, the Town’s representative on this issue, and inquire if he was attending this particular meeting.

The Mayor spoke of a letter she had received relative to the disposal of the new cfl light bulbs, as they contain mercury. She indicated that Ms. Heather Diez, Engineer with the Department of Public Works, had checked on this issue with the Virginia Department of Environmental Quality, and reported that the light bulbs were still classified under household waste category however, as more are used in the future it will be necessary to reclassify them for disposal purposes.

Mayor Seeman reported on the ribbon-cutting ceremony opening Branch Road, the previous Saturday. She indicated that a good turnout of residents, VDOT representatives, and business owners, had occurred and she expressed her appreciation to Town staff for their good work.

Mayor Seeman at this time reported on the Closed Session convened this date at 7:15 P.M., stating that it had been called for the purpose of conducting interviews with individuals interested in serving on Town Boards and Commissions; that no other business had been conducted 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, November 19, 2007, the Town Council met for the purpose of personnel issues, specifically the conducting of interviews with individuals interested in appointment and/or 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 the Closed Session also be continued to December 3, 2007 at 7:15 P.M. in accordance with Virginia Code Section 2.2-3711.A(3) for the purpose of discussing matters of real estate.

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.)

It was moved that Mrs. Deborah Brehony be appointed to the Town/Business Liaison Committee for a two year term of office. Said term to begin this date, November 19, 2007 and expire on November 19, 2009.

Motion: Kelleher
Second: Polychrones
Carried unanimously


It was moved that Councilwoman Edythe Kelleher be appointed as the Town Representative to the Fairfax County Board of Supervisors; and that Councilman Michael Polychrones be appointed as the Town Representative to the Hunter Mill Land Use Committee. It was further moved that said appointments are effective January 1, 2008 and will expire June 30, 2008.

Motion: Kelleher
Second: Cole
Carried unanimously



PROPOSAL TO ADD ITEMS TO THE AGENDA.

None


PUBLIC HEARING FOR INCLUSION OF PROPOSED FEE REVISIONS TO BOND FEES, RESIDENTIAL WATER AND SEWER FEES, WATER METER FEES AND HYDRANT METER DEPOSIT FEES THAT ARE CURRENTLY 32% BELOW AVERAGE WHEN COMPARED TO AVERAGE FEES IN THIS AREA.

See Official Minutes attached.



REQUEST FOR APPROVAL OF A FINAL PLAT TO RESUBDIVIDE LOTS 18, 19B AND 20, MALCOLM HEIGHTS ON PROPERTY LOCATED AT 505 HIGHLAND STREET, 530 AND 538 LINCOLN STREET N.W., AND IN THE RS-12.5 SINGLE FAMILY DETACHED RESIDENTIAL ZONE, FINED BY FARHANG MOJGANI, CIVILAND, L.L.C, AGENT FOR MAHBOBEH SHARIATI AND BEHROUZ SHAYKOLESLAMI, d.b.a. MOONA CONTRACTING, INC., OWNERS.

Mr. Gregory Hembree, Director of Planning & Zoning, addressed Council and stated that upon conferring with the Town Attorney, he would request this item be deferred until the next meeting; the Deed of Subdivision must be revised and the Subdivision Bond received by the Town.

It was moved that the item be deferred to the next Regular Council Meeting of December 3, 2007.

Motion: Polychrones
Second: Kelleher
Carried unanimously




REQUEST APPROVAL FOR ADDITIONAL FISCAL YEAR 2007 BUDGETED FUNDS FOR EMERGENCY ASPHALT PATCHING, BY MOUNT VERNON ASPHALT & PAVING, INC., ON TRUMPET COURT AND AT THE INTERSECTION OF LAWYERS ROAD AND GUNNELL FARMS DRIVE, WITH A TOTAL ESTIMATED COST OF $11,287.50.

It was moved for approval of fiscal year 2007-2008 budgeted water & Sewer funds in a total estimated additional amount of $4,000.00 for emergency asphalt patching, to be done by Mount Vernon Asphalt & Paving, Inc., near 1907 Trumpet Court and at the intersection of Lawyers Road & Gunnell Farms Drive.

Motion: Cole
Second: Robinson
Carried unanimously- Poll vote

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




SET DATE FOR PUBLIC HEARING ON A REVISED SITE PLAN IN THE PR-PARK & RECREATIONAL ZONE, AS SPECIFIED IN SECTION 18-126.10 OF THE VIENNA TOWN CODE AND ASSOCIATED WITH THE CONSTRUCTION OF ADDITIONS TO AND THE RENOVATION OF VIENNA ELEMENTARY SCHOOL, 128 CENTER STREET, SOUTH. FILED BY JOHN SOUSER, PE. ADTEK ENGINEERS, AGENT FOR FAIRFAX COUNTY PUBLIC SCHOOLS, AND THE MAYOR AND TOWN COUNCIL FOR THE TOWN OF VIENNA, OWNERS.

It was moved for approval of setting the date of December 17, 2007 for conducting a public hearing on a Revised Site Plan in the PR-Park & Recreational Zone, as specified in Section 18-126.10 of the Vienna Town Code and associated with the construction of additions to and the renovation of Vienna Elementary School 128 Center Street, South. Filed by John Souser, PE, Adtek Engineers, agent for Fairfax County Public Schools and the Mayor and Town Council for the Town of Vienna, owners.

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 9:00 P.M.



PUBLIC HEARING

Proposed fee revisions to bond fees, residential water and sewer fees, water meter fees and hydrant meter deposit fees.

November 19, 2007


The Town Council held a duly advertised public hearing on the proposed fee revisions to bond fees, residential water and sewer fees, water meter fees and hydrant meter deposit fees on Monday, November 19, 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.

Ms. Heather Diez, Engineer, Acting Director of Public Works, addressed Council and presented the various changes proposed to the schedule of associated water and sewer fees as outlined on the spreadsheet before Council. (Copy attached to Official Minutes.) She stated that in developing the fee schedule, and in comparison to other towns and cities in the surrounding area, the fees as charged are currently 31% below average. Ms. Diez further indicated that only those fees below average are proposed for increase and that those that are above average have not been revised.

Mayor Seeman discussed those items designed for revision with Ms. Diez.

Councilwoman Kelleher questioned the notation on several of the equipment designations identified on the spreadsheet as “not comparable.” Mr. Diez stated it indicates the particular jurisdiction does not charge for the same permits or included in other charges, or did not have an applicable fee.

Mayor Seeman expressed concern regarding the increase in several of the fees and suggested the possible phasing of those increases. Thereafter, discussion ensued regarding the current fees and the comparison to that being charged in other jurisdictions.

Councilman Polychrones inquired of the Town Manager if the fees currently being charged covered the Town’s costs, to which Mr. Schoeberlein indicated it did not.

Mayor Seeman called for anyone in the audience desiring to speak on the proposed fee schedule.

Mrs. Deborah Brehony, 515 Park Street, S.E., addressed Council and presented a letter into the record on behalf of her husband and herself. (Copy attached to Official Minutes.) She thereafter, read the letter for benefit of Council, which basically sets out the suggestion, that “rather than study other towns, determining an average or median figure for the services, would it not be prudent, accurate and fair to study the town’s own individual budget and set our fees based on what is appropriate for the Town of Vienna and not what other towns charge for their separate particular utilities.”

Mayor Seeman thanked Mrs. Brehony for her input on the issues.

Councilwoman Robinson spoke of the volume of new homes being (redeveloped) throughout the Town and especially in the south west quadrant, and the financial impact upon the Town’s infrastructure it was creating.

Mayor Seeman discussed with Ms. Diez the compilation of the water and sewer comparison spreadsheet, and verified that the higher fees as charged in various jurisdictions had not been included in the proposal for the Town fees.

Councilwoman Cole indicated the need to recover basic costs for these services and not place the financial impact upon existing homeowners.

Mayor Seeman inquired if anyone else in the audience desired to speak on the proposed fee schedule. Noted for the record there were none.


It was moved to close the Public Hearing.

Motion: Polychrones
Second: Lovelace
Carried unanimously – Poll vote

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



It was moved for approval of the proposed revisions to the Bond fees, Residential Water and Sewer fees, Water Meter fees and Hydrant Meter Deposits.

Motion: Polychrones
Second: Dellinger
Carried unanimously- Poll vote

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


It was moved that this item be placed on the agenda of December 17, 2007 for adoption and that the Town Clerk be directed to advertise a Notice 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 was adjourned at 8:45 P.M.

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