Minutes

REGULAR COUNCIL MEETING
January 7, 2008


The Town Council met in regular session on Monday, January 7, 2008, 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 Councilwoman Edythe F. Kelleher; 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 DECEMBER 17, 2007 AND ONE PUBLIC HEARING OF DECEMBER 17, 2007.

Councilwoman Cole indicated that on Page 5 of the Minutes, Mr. Blackwell of the Oak Street Development made reference to the structures being under twenty-three feet in height, and felt he had meant to indicate thirty-three feet. She indicated she had requested the Director of Planning & Zoning to clarify this statement with Mr. Blackwell and then the Minutes could reflect the correct measurement.

It was moved to approve the Minutes of the Regular Council Meeting of December 17, 2007 and One Public Hearing of December 17, 2007, subject to verification of the Oak Street Development structure measurement.

Motion: Lovelace
Second: Dellinger
Carried unanimously


RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC.

Mayor Seeman recognized in the audience three Boy Scouts, who introduced themselves and stated they were from Troop #1978 and Troop #987, and were present working on the Citizenship in the Community Merit Badges and Communications Merit Badge.

Mr. Matthew DiFiore, 207 Owaissa Court, S.E. addressed Council and expressed appreciation to the Town staff for the quick response in providing the Council Agenda backup material on line. He also expressed appreciation to the Planning Commission for the in-depth review which had been conducted on the recent Locust Street rezoning. The backup material evidenced a great deal of work by the Planning Commission on that application. Mr. DiFiore requested the Town Council to place on a future Agenda, a reconsideration of the Verizon cable franchise, as it seems many sections of Town have not received installation.

Mr. Briglia indicated the Town’s cable administrator, Mr. Greg Hembree, had sent an inquiry to Verizon regarding what sections still required installation. Mr. Briglia stated that in some sections easements are required, and Verizon will be providing the Town with the addresses which have not been hard wired and where easements requirements are necessary.


REPORT AND INQUIRIES OF COUNCIL MEMBERS.

Councilman Dellinger spoke on the recent practice burn fires conducted by the Fire Department, and inquired on behalf of a citizen on Echols Street how notification was given when such a practice session would take place. The citizen had not received any type of notice, and the burn had been most disruptive to a planned party.

Mr. Schoeberlein stated the Vienna Fire Department notifies the Town on every occasion several days in advance, along with coordinating the burn with the Police Department. It was his understanding the Fire Department notifies the citizens of the area, when a practice session has been scheduled. Mr. Schoeberlein stated the one of the recent practice burns had been conducted by the County however, the Town had not been informed, and this “glitch” has been resolved.

Councilman Dellinger inquired if Beulah Road, from Route #123 to Church Street, could be reopened to accommodate two-way traffic at this time; the merchants along that first block were experiencing a loss of business, and felt the Town should contact VDOT on this issue.

Mr. Schoeberlein indicated that it appeared the project had essentially been completed from Maple Avenue to Church Street and that he would contact VDOT in this regard.

Councilwoman Cole stated that VDOT had indicated at the time Council Members had taken the walk-thru, that it would be confusing to motorists to detour traffic going north and allow two-way traffic for the one block.

Councilwoman Cole stated the Fairfax County Planning Commission would be considering an amendment to the Comprehensive Policy Plan regarding the protection of streams and resource protection areas, and requested the Planning & Zoning staff to monitor these hearings and keep Council informed.

Councilwoman Cole indicated that the Northern Virginia Transportation Authority would be conducting a public hearing on Thursday, January 10th on various projects; one of which is interior improvements to the Vienna Metro Station.

Mayor Seeman indicated that she did not see anything else on the list of projects that would affect the Town however, the improvements to the Vienna Station is definitely needed.

Councilwoman Cole further spoke on the Northern Virginia Transportation Authority request for suggested projects and that the letter of request had not been sent to any of the Towns in Northern Virginia; this lack of notification points out the need to have a Town representative on this Authority.

Councilwoman indicated the Tysons Task Force would be holding a meeting on January 28th from 7:00 P.M. to 9:00 P.M. at Marshall High School. The announcement of the meeting indicated that the Task Force would be completing its work in the spring of 2008; and that various work shops would be conducted during these ensuing months.

Councilwoman Cole congratulated Ms. Marie Kisner on the attractive new mast-head on the Town Newsletter.

Councilwoman Kelleher stated the Hunter Mill Land Use Committee would be reviewing and voting on the rezoning application of Mr. John Sekas on property located on Beulah Road at its next meeting on January 22, 2008.

Councilman Lovelace spoke on reading a news article regarding tax exemptions for Virginia Homeowners currently before the General Assembly. He requested that our legislators be contacted and urged to vote in favor of the bill.

Mayor Seeman indicated that the important part of the bill is that it would provide for local option; and if approved by the General Assembly, it will be on the November ballot for vote by Virginia citizens.

Mr. Briglia stated he had been in contact with Delegate Shannon and State Senator Peterson, who indicated that all the requested legislation by the Town had been drafted and presented for consideration.

Councilwoman Robinson noted the passing of former Mayor and former President of VML, Dr. James Harris of Blackstone, Virginia. He had served Blackstone as Mayor for twenty-four years and before that on the Council. Dr. Harris was one of the giants of VML, standing up for local government on many issues through the years. He was a gentleman and recognized by the Virginia Medical Association in the 1990’s as Family Medical Practitioner of the Year; he and his brother established a medical learning center in Blackstone for young doctors to be trained and motivated to serve in the rural areas. Dr. Harris will be missed by his family along with many people.

Councilman Polychrones expressed his appreciation to Councilwoman Robinson for her lovely tribute to Dr. Harris; they were so appropriate, as she and Mayor Robinson had been good friends of Dr. and Mrs. Harris. He would only add, that those involved in VML over the past five years had the privilege of also knowing and working with Dr. Harris and felt he had been a true example of what a country doctor should be, what any elected official should be and generally as a human being, what we all should be. The Commonwealth has lost a true gentleman.


REPORT OF THE TOWN MANAGER.

Mr. Schoeberlein stated the Virginia Department of Planning and Budget, briefed local government staff on the proposed 2008-2010 State Budget, along with any changes to the current budget. Mr. Grant had attended the meeting and would brief Council next on Monday at the Work Session.

Mayor Seeman indicated that she had reviewed the proposed reduction as outlined by the Governor, and that he plans to freeze payments to the Police Departments at $205 Million down to $216 Million; ABC net profits would also be lowered.

REPORT OF THE MAYOR.

Mayor Seeman reported that former Fairfax City Mayor, John Mason had been hired as Executive Director of the Northern Virginia Transportation Authority. Mr. Mason is very knowledgeable about transportation and local government, and felt he was an excellent choice and would provide excellent leadership on the authority.

Mayor Seeman stated that Hunter Mill Supervisor, Cathy Hudgins would be meeting with members of Council, on February 4th at 7:15 P.M. prior to the regular meeting.

The Mayor announced that on Tuesday, January 8th, is another meeting in the series Vienna at your Service, and would be conducted at the Community Center, and Director Salgado and other members of the staff would be outlining the activities and planning which takes place in developing events, classes, etc.

Mayor Seeman stated she had received a suggestion from a citizen that the white lights on the trees located on the Town Green, should remain year round. That the item could be discussed at the end of the agenda.

Mayor Seeman indicated the Northern Virginia Regional Commission has developed its legislative program and thereafter, spoke on each of the recommended items. One of the requested initiatives is to increase the voting hours, as many people travel a great distance to and from work and getting to the respective polling places becomes a hardship.

The Mayor reported that she, Councilwoman Cole, Mr. Ed Chase, and Mr. Billy Thompson, would be meeting with the new Supervisor from Dranesville, to discuss McLean and Vienna traffic and the problems that will occur relative to the proposed Tysons development. (Note: Mr. Chase and Mr. Thompson being representatives to the Tysons Task Force.) The meeting is scheduled on Friday morning, and the concerns relative to traffic impact will be the focus of their meeting.

Mayor Seeman spoke on the number of e-mails which had been received regarding the three week holiday period where recycle materials had not been picked up. The Mayor spoke on several ideas, and suggested that during the ensuing year a solution be achieved. The Mayor also spoke on more flexibility regarding the leaf pickup, and requested that this aspect also be reviewed.


PROPOSAL TO ADD ITEMS TO THE AGENDA.

It was agreed add as the last item on the Agenda, the suggestion to leave the white lights on the trees on the Town Green.


REQUEST APPROVAL FOR THE TOWN OF VIENNA TO ENTER INTO AN AGREEMENT WITH THE VIENNA-TYSONS CHAMBER OF COMMERCE, TO CO-SPONSOR AN OCTOBERFEST AND TASTE OF VIENNA ON OCTOBER 4, 2008.

Ms. Cathy Salgado, Director of Parks & Recreation, along with Mr. Tom Hanton of the Vienna-Tysons Chamber of Commerce, addressed Council, regarding the request received from the Chamber of Commerce that the Town co-sponsor a one-day Oktoberfest and Taste of the Town event on October 4, 2008. Ms. Salgado indicated the event would take place along Church Street between Mill Street and Dominion Road and on the Town Green. She indicated that staff had met with Mr. Hanton to discuss the idea and general concept, and the information had been forwarded to the Town Manager for review and further discussion. Ms. Salgado stated that during initial discussions, it was determined that one criteria necessary for co-sponsoring the event would be that Town staff costs would be paid for by the Chamber, (Parks & Recreation staff and Police Department coverage) which has been calculated and estimated to be $3,850.00. The Oktoberfest portion, where beer would be sold and contained would be held on private property located in the parking lot where the Farmers’ Market is conducted; the Chamber would work out the agreements with the property owner, the Vienna Optimists, and the Virginia ABC, along with the various businesses and property owners along Church Street, and hopefully obtain their participation in the event. Mr. Hanton distributed a sketch plan of the street indicating the location of the various booths, entertainment and children’s areas on the Town Green, etc. (Copy retained in Official File)

Mayor Seeman and Members of Council discussed certain criteria and areas of concern with Ms. Salgado and Mr. Hanton. It was a consensus the event would be enjoyable and the Town willing to participate however, Members of Council felt various details needed to be finalized.

It was moved for the approval for the Town to assist the Vienna-Tysons Chamber of Commerce with the development of an Oktoberfest and Taste of the Town to be held in 2008. It was further moved that the Chamber of Commerce, along with Town staff come back to Council with a proposed agreement, in addition to the details that have been discussed, such as participating organizations, traffic control, transportation, insurance, etc. It was further moved that as a condition of the co-sponsorship, all Town staffing costs be reimbursed by the Vienna-Tysons Chamber of Commerce, the Chamber work with the local merchants to insure their cooperation and participation and that regular progress reports be provided to the Council.

Motion: Lovelace
Second: Cole
Carried unanimously – Poll vote

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



REQUEST TO INSTALL A SPEED HUMP ON TAZEWELL ROAD, N.W., WITH THE EXACT LOCATION TO BE DETERMINED BY THE DEPARTMENT OF PUBLIC WORKS.


Mr. Kevin Shattuck, 631 Tazewell Road, N.W., addressed Council and presented to the Town Council a copy of the original petition signed by the citizens which had been submitted to the Transportation Safety Commission. (Petition retained in Official File.) He stated there are currently twenty-one (21) houses located on Tazewell Road, twenty-two (22) children and no sidewalks. Tazewell Road is very narrow and with no sidewalks it becomes very dangerous for the children who walk; that the road is very dangerous even for adults and further compromised by the lack of a speed sign. During discussion he suggested the speed hump be located at either 627/628 or 636 Tazewell Road.

Councilwoman Cole thanked Mr. Shattuck for the comprehensive report developed regarding the street conditions and number of residents and children in the neighborhood.

Mr. Howard Springsteen, Member, Transportation Safety Commission, indicated the Commission had studied the area and based on the narrowness of the street and lack of sidewalks it was the recommendation of the Commission that a speed hump be installed on Tazewell Road.

It was moved for the approval to install a speed hump on Tazewell Road, N.W., with the exact location to be determined by the Department of Public Works.

Motion: Seeman
Second: Lovelace
Carried unanimously – Poll vote

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


REQUEST TO USE ADDITIONAL APPROVED CAPITAL IMPROVEMENT PROJECTS (CIP) BOND FUNDS IN AN ESTIMATED AMOUNT OF $1,500.00 FOR CONSTRUCTION OF A CONCRETE RETAINING WALL ALONG THE NEW SIDEWALK AT 200 McHENRY STREET, S.E., UNDER THE SAGRES CONSTRUCTION CORPORATION CONTRACT FOR GENERAL CONSTRUCTION SERVICES.

It was moved for approval of additional CIP funds in an estimated amount of $1,500.00 to build a concrete retaining wall at 200 McHenry Street, S.E., under IFB 05-10, Annual Contract for General Construction Services with Sagres Construction Corporation.

Motion: Kelleher
Second: Robinson
Carried unanimously – Poll vote

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



REQUEST APPROVAL TO MAKE A ONE TIME SALARY ADJUSTMENT IN AN APPROXIMATE AMOUNT OF $55,700.00 TO ADJUST CERTAIN POLICE OFFICERS’ SALARIES TO RE-ESTABLISH PARITY WITH SERVICE TIME.


Mr. Matthew DiFiore, 207 Owaissa Court, S.E., addressed this item and questioned if any other personnel would be impacted by the adjustment.

Mr. Schoeberlein indicated that was a one-time adjustment to correct an administrative calculation error.

It was moved to approve the one-time and final adjustment of salaries for police employees Thomas Taylor, Taoufik Farhan, Scott Leroux, James Sheeran, Melissa Borja, Gary Lose, Trent Nelson and Maurice Williams, in an approximate amount of $55,700.00

Motion: Mayor Seeman
Second: Lovelace
Carried unanimously- Poll vote

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


SET DATE FOR PUBLIC HEARING ON AMENDMENTS TO THE TOWN CODE, CHAPTER 11, PERSONNEL, REGARDING THE TIME PERIOD OF PROBATION FOR A NEW EMPLOYEE, THE POINT OF TIME WHEN THEY MAY TAKE ANNUAL LEAVE, AND WHETHER PART TIME EMPLOYEES WILL RECEIVE HOLIDAY PAY.

It was moved for approval to set the date of January 28th, 2008 to conduct a public hearing on proposed changes to the Code of the Town of Vienna, Chapter 11, Personnel, It was further moved the Town Clerk be directed to advertise notices of public hearing.

Motion: Cole
Second: Robinson
Carried unanimously


REQUEST APPROVAL TO APPROPRIATE THE FISCAL YEAR ENDING 2007 PURCHASE ORDER ROLL FORWARD AMOUNTS FROM THE FISCAL YEAR ENDING 2007 ENCUMBRANCE RESERVE INTO THE FISCAL YEAR ENDING 2008 BUDGET.

It was moved that $419,193.00 from the Fiscal Year Ending 2007 General Fund Encumbrance Reserve be appropriated to the Fiscal Year Ending 2007 General Fund to be budgeted to the expenditure accounts as presented in the document attached hereto and dated January 2, 2008.

Motion: Lovelace
Second: Dellinger
Carried unanimously – Poll vote

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


Noted for the record: Document as referenced previously, GF FYE 2007 to 2008 Requested Encumbrance Roll Forwards, dated January 2, 2008, attached to Official Minutes.


RETENTION OF WHITE LIGHTS ON TOWN GREEN TREES.

Upon discussion it was the consensus of Council not to retain the while lights on the trees located on the Town Green at this time; that the lights should be taken down and displayed again next Holiday Season.



It was moved to adjourn.

Motion: Robinson
Second: Cole
Carried unanimously


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

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