Minutes

REGULAR COUNCIL MEETING
December 3, 2007


The Town Council met in regular session on Monday, December 3, 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 Mr. John A. Russo, Jr., Local Spiritual Assembly of the Baha’i of the Town of Vienna; 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 19, 2007 AND ONE PUBLIC HEARING OF NOVEMBER 19, 2007.

Councilwoman Kelleher indicated that she had noted an error in the Minutes, which the Town Clerk has now corrected.

It was moved for the approval of the Minutes of the Regular Council Meeting of November 19, 2007 and One Public Hearing of November 19, 2007, as corrected.

Motion: Kelleher
Second: Dellinger
Carried unanimously



RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC.

Mr. Don Chumley, 219 Ceret Court, S.W., addressed Council and extended congratulatory remarks to the Director of Public Works, Ms. Holly Chu and her staff for the excellent leaf collection program; along with the excellent attitude of those employees of the Department. He spoke of observing the men one late evening performing the leaf collection duties and of having spoken with several of them and the great response and demeanor of those gentlemen, working in the cold and darkness of night. Mr. Chumley stated that he felt the Town and its citizens are frankly “getting their monies worth” from these hard working men.

Mr. Chumley further indicated that as Chairman of the Board of Zoning Appeals, he has not heard any complaints relative to the mulch site, to which the Town Manager and Director of Planning & Zoning also indicated they too had not received any complaints this year.

Mayor Seeman stated that Ms. Chu had developed a new reporting system so if there are any complaints there is a written procedure the employees would follow.

Mr. Chumley further stated he would like to convey “his sixth year item” which is in the format of a request. He stated that approximately six years ago on Christmas Day he observed a woman being ticketed for speeding on Route #123/Maple Avenue. He felt that disregard for serious law enforcement regulations should be “ticketed” any day of the year; however, he would request that on Christmas Day a little enforcement charity be practiced by the Police Department for minor infractions.

Mr. George Creed, 217 Audrey’s Court, S.E., expressed concern regarding the number of residential houses being torn-down and new larger ones being constructed. He felt that the situation called for a review of this practice as it does not provide affordable housing for the first time purchaser; it prevents the police officer, teachers, nurses, fireman, etc., from owning a home in the area. Mr. Creed stated he would suggest that a study be done on the matter to keep some of the older homes in order to provide housing for the mid-income range individuals.

Mr. Creed spoke of the current leaf collection scheduling and questioned if the Town could formulate some type of notice to the homeowners when the leaf pickup trucks are going to be in the area. Mayor Seeman indicated that she and Ms. Chu are working on development of some new procedures.


Mayor Seeman at this time recognized in the audience a Boy Scout who indicated that he was a member of Troop #979, Epiphany Methodist Church, and was present working on his Communications Merit Badge.



REPORT AND INQURIES OF COUNCIL MEMBERS.

Councilwoman Cole reported on the Tysons Corner Transportation meeting when she and the Mayor had attended, along with her attendance of the Providence District Council meeting the next night, where Mr. Clark Tyler was the speaker regarding the proposed plans. She stated that three issues came up during the course of the two meetings, being: measuring the traffic effect on Maple Avenue in Vienna, where in response to the Mayor’s inquiry, it was stated that the boundary lines prevented a traffic prediction in Vienna and that part of the problem is that the further away you are from the central point the less accurate the estimates become; congestion and density was questioned of the consultant giving the presentation, and what model was being used to bring a rail line to Tysons which will reduce congestion. The response was “what we’re here to do is to make Tysons into a livable urban area that is vibrant eighteen hours a day. . . . .” The next evening Mr. Tyler responded to Councilwoman Cole on this issue, that there will be fewer than 110,000 single occupant vehicles commuting in and out of Tysons every day. Finally, there is an assumption that the consultants are relying on, in making their predictions and setting up their models, that the assumptions and underlying data would be made available to the public for inspection soon.

Councilwoman Robinson expressed that she did not feel the response given “held water” as traffic counts from McLean to Fairfax have been developed by VDOT.

Councilwoman Cole requested that at a future meeting Council revisit the installation of the two stop signs installed on Branch Road at the intersection with Echols Street.

Councilwoman Cole inquired as to the status of the traffic study to which the Mayor replied it should be completed very soon.

Councilman Lovelace spoke of his conversation with Mr. Tyler as to any proposed parks in the Tysons design, and for which there has not been any indication of model/location; that the County Park Authority would be working to assist in this matter. He stated that the traffic study being developed within Town is very important however, he felt it was important that a study be developed indicating the impact of traffic coming into the Town from Tysons. He felt that this information would place the Town in a valuable and strategic position by having the impact figures.

Councilman Polychrones stated that he had forwarded the Town’s legislative agenda to the Virginia Municipal League as requested by Delegate Shannon, seeking VML support on certain items. Mr. Mark Flynn, VML Legal Advisor, has indicated the League will be happy to provide whatever backup support to the Town’s bills as needed.

Councilman Dellinger indicated that he heard many compliments this evening during the Church Street Stroll for the Department of Parks & Recreation on the Town Green. Councilman Dellinger stated he would not be present for the Council Work Session on December 10th as he would be out of Town. He further spoke on a possible increase in density at the Tysons development currently being considered; many surrounding areas are indicating support of the increased density. Councilman Dellinger suggested that contact should be made with the Hunter Mill District Supervisor in this regard, with the Mayor indicating that Supervisor Hudgins has been invited to the February Work Session however, she has not received a reply to date.

Mr. Briglia stated he had received a call on Friday from Senator-elect Peterson regarding several of the Town’s requested legislative bills. Senator-elect Peterson will be discussing the issues with the Council on December 17, 2007. Mr. Briglia also stated he had provided Delegate Shannon’s aide with technical information regarding several of the bills.

Mayor Seeman commented that she and the Town Manager would be attending the meeting of the Town’s of Northern Virginia Association, on Thursday, where the various legislative proposals would be discussed.

Councilwoman Robinson inquired if the Mayor would desire a consensus of the Council regarding the increased in tolls on the Greenway.

Upon discussion, it was the consensus of Council to support the Town of Purcellville’s proposal against the increase in tolls on the Greenway.



REPORT OF THE TOWN MANAGER

None



REPORT OF THE MAYOR

Mayor Seeman also spoke on attending the Tysons meeting the previous Thursday, and stated the contract with the group studying the traffic impact at Tysons, is only for Tysons i.e., their contract does not extend out of Tysons. She stated that she had spoken with Keith Turner, Tysons Task Force Transportation Chairman, who had indicated that the Town had not been forgotten regarding this issue; that he was working very hard to make sure the Town would be included in the traffic impact analysis.

The Mayor further stated that when the Tysons impact study has been completed, and as suggested by Councilman Lovelace, then the Town could contract for an enhanced study impact. Upon further discussion with Councilman Lovelace, the Mayor also indicated that the Town’s representative, Mr. Ed Chase, had been provided with complete traffic counts and information and that the Town would continue to work/monitor the matter.

Councilwoman Cole stated that part of her frustration regarding the project and impact upon the citizens is the fact that Town citizens are also County citizens and pay County taxes, and traffic impact data being developed should also apply to the Town; that we should not have to expend monies to have this type of study done.

Mayor Seeman expressed her appreciation to the Department of Parks & Recreation for rescheduling the Holiday Stroll; and the excellent festivities being enjoyed this evening. The Mayor stated that the Town was honored to have at the tree lighting ceremonies three military heroes, Major General George Harris, Colonel Mark Olinger and Major Paul Haverstick.

The Mayor also spoke of the Carol Sing held the previous Friday night on the Town Green, and that the Carol Sing would also be held Friday night December 9th and December 21st at 7:00 P.M. and invited all to attend and enjoy



ADDITIONS TO THE AGENDA.

None



REQUEST AUTHORIZATION TO EXPEND ADDITIONAL WATER & SEWER FUNDS IN AN ESTIMATED AMOUNT OF $15,000.00 FOR THE EMERGENCY PURCHASE OF MUELLER BRAND OR EQUIPMENT BRASS GOODS, SUCH AS FIRE HYDRANT PARTS, REPAIR CLAMPS, BACKWATER VALVES, ETC., FROM WATER WORKS SUPPLY.

It was moved for approval of additional Water & Sewer funds in an estimated amount of $15,000.00 for the emergency purchase of Mueller brand or equipment brass goods, such as fire hydrant parts, repair clamps, backwater valves, etc., from Water Works Supply.

Motion: Robinson
Second: Polychrones
Carried unanimously- Poll vote

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



REQUEST AUTHORIZATION TO EXPEND ADDITIONAL APPROVED FISCAL YEAR 2007-2008 BUDGETED FUNDS IN AN ESTIMATED AMOUNT OF $5,000.00 FOR ROAD STRIPING, TO BE DONE BY R.I. MERKEL, INC., UNDER CONTRACT IFB #06-17 FOR TRAFFIC MARKING.

I move for approval to use additional Fiscal Year 2007-2008 budgeted funds in an estimated amount of $5,000.00 for additional road striping by R. J. Merkel, Inc., under their current Traffic Marking contract, IFB #06-17.

Motion: Dellinger
Second: Cole
Carried unanimously – Poll vote

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



REQUEST FOR APPROVAL OF A FINAL PLAT TO RESUBDIVIDE LOTS 18-19B AND 20, IN MALCOLM HEIGHTS, ON PROPERTY LOCATED AT 505 HIGHLAND STREET, N.W., AND 530 & 538 LINCOLN STREET, N.W., IN THE RS-12.5 SINGLE FAMILY DETACHED RESIDENTIAL ZONE, FILED BY FARHANG MOJGANI CIVILAND, LLC, AGENT FOR MAHBOBEH SHARIATI AND BEHROUZ SHAYKOLESLAMI D.B.A. MOON CONSTRUCTING, INC., OWNERS.

Mr. Farhang Mojgani, agent for the owners, addressed Council and stated the owners wish to subdivide three parcels into four parcels by-right and that the proposed subdivision complies with Chapter 17 of the Town Code. He further stated the minimum lot size would contain 13,700 square feet, with each lot under the maximum requirements of twenty-five percent lot coverage. Mr. Moigani indicated that most of the storm water will drain to the northwest into a basin located on Lot 21 and into an existing yard inlet. The proposed grading will allow a reduction by half in the sheetflow area to Lot 21 and diverting water into the front of the property; water will be picked-up by two proposed infiltration trenches to control the runoff and the rest of the water will sheetflow over the curb and gutter into the road and be picked up by the inlet on Lincoln Street. Mr. Mojgani throughout his presentation displayed drawings of the site and outlined the areas of inlet location, water flow, etc.

Mayor Seeman entered into the record the Planning Commission recommendation memorandum dated September 28, 2007. (Copy attached to Official Minutes.)

Mayor Seeman and members of Council discussed with Mr. Moigani, issues relative to lot coverage, amount of pre and post development runoff, location of infiltration trenches, along with direction and area of the sheetflow.

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


It was moved for the approval of the Final Plat to resubdivide Lots 18, 19B and 20, Malcolm Heights, on property located at 505 Highland Street, N.W., and 530 and 538 Lincoln Street, N.W., proposed new addresses to be 505 Highland Street, N.W., 530, 534 and 538 Lincoln Street, N.W., located in the RS-12.5 Single-Family Detached Residential zone as filed by Farhang Moigani, Civiland, LLD, agent for Mahbobeh Shartiati and Behrouz Shaykoleslami, d.b.a. Moon Constructing, Inc, owners.

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

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



It was moved that the Town Council convene in Closed Session at this time, 9:05 P.M. in accordance with Section 2.2-3711.A (7) of the Virginia State Code as previously moved on November 19, 2007, for the specific purpose of discussing matters of real estate. It was further moved the Regular Council Meeting will reconvene upon conclusion of the Closed Session.

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

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


The Town Council reconvened in Regular Meeting at 10:10 P.M. Noted that all Members of the Town Council as previously recorded were again present.

Mayor Seeman reported that during the Closed Session, Members of Council, the Town Manager and Town Attorney had discussed a matter concerning real estate.

It was moved that the Members of the Vienna Town Council be polled to affirm that during the Closed Session convened this date, December 3, 2007, the Town Council met for the purpose of discussing matters of real estate, specifically the sale and/or acquisition of certain property, where discussion in an open meeting would adversely affect the bargaining position or negotiation strategy of the public body. 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 January 7, 2008 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: Mayor Seeman
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 Town Council, recorded same and thereafter, executed the Certification Resolution. (Attached to Original Minutes.)


It was moved to adjourn.

Motion: Robinson
Second: Cole
Carried unanimously


The Regular Meeting adjourned at 10:15 P.M.

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