Minutes

REGULAR COUNCIL MEETING
JANUARY 28, 2008


The Town Council met in regular session on Monday, January 28, 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 Reverend Bass Mitchell, Epiphany United Methodist Church; 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
JANUARY 7, 2008.

It was moved for the approval of the Minutes of the Regular Council Meeting of January 7, 2008.

Motion: Cole
Second: Dellinger
Carried unanimously



RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC.

Mayor Seeman recognized in the audience fifteen (15) Boy Scouts along with Scout Master Al Fox, Assistant Scout Master Jack McGuire, from Troop #1978, who were present working on their Communications Merit Badge and their Citizenship in the Community Merit Badge.



REPORT AND INQUIRIES OF COUNCIL MEMBERS.

Councilwoman Cole stated she had attended the Providence District Meeting earlier in the month, where staff members from Fairfax County had been present speaking on two new programs. One is a bicycle plan to allow on-road bike lanes on Gallows Road from Tysons Corner to Merrifield; it is a pilot project allowing on-road bike lanes. The County is also looking at the Vienna Metro Station for a pilot program to provide for an improved bike parking options; to increase non-motorized access to the Vienna Metro Station. She stated another program which is being considered is to target service workers whose mode of transportation is a bicycle; also the County Pedestrian Office does provide reflector ankle and wrist materials which are provided at no charge. Also a bicycle route map was presented and will be presented to the general public at a meeting at the Community Center on Wednesday evening at 7:30 P.M.

Councilman Polychrones spoke on the VML “Go Green Virginia” program and the Green Government Challenge which is a friendly competition among VML local governments to encourage the implementation of specific environmental policies and practical actions which reduce carbon emissions. He stated there is a whole list of items in which to comply and points will be given for actions taken prior to this year and for those implemented this year. Councilman Polychrones stated that if the Town wishes to participate in the program, then the appropriate application should be filed by September 30th outlining all of the measures which haven been taken; award recognition will be given at the October VML conference.

Mayor Seeman indicated there were several bills currently being considered by the General Assembly pertaining to the “Go Green” program and it seems a lot is relative to a rating system, i.e. construction of buildings incorporating the energy star, etc. Several of the Bills provide a tax credit to builders who construct or renovate houses/buildings that meet certain criteria however, one of the problems is “who” performs the rating.

Councilman Polychrones stated that he had sent a letter to the Chairman of the House Sub-committee on Privileges and Elections, stating opposition to the Bill that would force the Town to go to November elections; that he had provided a copy of the letter to the Council Members.

The Town Attorney at this time gave an overview of various Bills before the Legislature which were part of the Town’s Legislative package. Mr. Briglia indicated that he had received several calls from concerned groups regarding three of the Town’s Bills specifically, the maximum grading, disclosure within the Real Estate Disclosure Act regarding storm water management facilities on properties at the time of sale, and the requirement of storm water management facilities on single lot redevelopment.

Mayor Seeman spoke on the Bills before the Legislature as submitted by the Association of Towns specifically, the request that representation on the Transportation Board be granted to Towns. She indicated there is opposition to this proposal as representation is based on population; Fairfax County holds the majority of 52% and it appears there is concern that if Towns had representation the population of Towns would be deducted from Counties, etc. The Mayor also spoke of the Bill regarding storm water management on single lot development, stating that while attending Fairfax County’s Legislative meeting, there was much discussion and misinterpretation of the Bill. She requested that the Director of Public Works contact Mr. Jimmy Jenkins, Director of Public Works for the County and clarify the purpose and content of the Bill.



REPORT OF THE TOWN MANAGER.

Mr. Schoeberlein stated that information had been received from Verizon which indicates that approximately 650 addresses which have not yet been made available for FIOS connection. Verizon indicates this is due to easement problems; that other that the 650 residences, all others are available for hookup. Mr. Schoeberlein further stated that many residences in the South West Quadrant cannot be serviced until new facilities have been located in Merrifield. He further stated that Verizon has been requested to provide clarification and a map which will pin-point those residences which have not been serviced.

REPORT OF THE MAYOR.

Mayor Seeman extended congratulations to Chief Carlisle and the entire Police Department on the success of the patrols on Cedar Lane; they are well organized and effective. The Mayor stated she would like to see the patrol continued however, it would not have to be on a full time basis as the Officers are needed in other places, but sporadically.


PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA.

None


PUBLIC HEARING ON PROPOSED CHANGES TO THE CODE OF THE TOWN OF VIENNA, CHAPTER 11, PERSONNEL, REGARDING THE TIME PERIOD FOR PROBATION FOR NEW A NEW EMPLOYEE, THE POINT OF TIME AT WHICH THEY MAY USE THEIR ANNUAL LEAVE AND WHETHER OR NOT PART TIME EMPLOYEES WILL RECEIVE HOLIDAY PAY.

See Official Minutes attached.



REQUEST APPROVAL TO AWARD IFB 08-05 TO CHRISTOPHER MANAGEMENT, INC. IN THE AMOUNT OF $205,654.00 FOR CONSTRUCTION OF THE NUTLEY YARD RECORDS STORAGE BUILDING.

It was moved for approval to award IFB 08-05, Nutley Yard Records Storage Building Construction only, to Christopher Management, Inc. of Fairfax, Virginia in the amount of $205,654.00 to be paid from CIP Account #370202-48803.

Motion: Dellinger
Second: Polychrones
Carried unanimously – Poll vote

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



REQUEST APPROVAL FOR FINAL PAYMENT TO SUMTER CONTRACTING CORPORATION FOR ADDITIONAL WORK AND CHANGE ORDERS AT THE VIENNA TOWN GREEN, IN AN AMOUNT NOT TO EXCEED $10,217.00.

It was moved for approval of payment to Sumter Contracting Corporation in the amount not to exceed $10,217.00 for change orders and additional work at the Town Green, from CIP account #370710-48803.

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

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



REQUEST APPROVAL TO EXPEND FISCAL YEAR 2007-2008 BUDGETED GENERAL FUNDS IN AN AMOUNT NOT TO EXCEED $30,000.00 FOR SILT REMOVAL UNDER IFB #05-10, ANNUAL CONTRACT FOR CONSTRUCTION SERVICES, WITH SAGRES CONSTRUCTION CORPORATION OF ALEXANDRIA, VIRGINIA.

It was moved for approval of the silt removal under IFB 05-10, annual contract for general construction services with Sagres Construction Corporation, with funding to come from approved Fiscal Year 2007-2008 budgeted general funds, with a cost not to exceed $30,000.00

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

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



CONSIDERATION OF A “TIMEOUT” REQUEST TO THE FEDERAL TRANSIT ADMINISTRATION REGARDING THE TYSONS RAIL PROJECT.

Discussion ensued regarding the suggested language as drafted to the Chairman, Federal Transit Administration, the Governor, and to Chairman Connolly, Chairman, Fairfax Board of Supervisors. Suggested editorial changes were provided relative to content and intent of support regarding rail to Dulles and the proposed design for Tysons Corner.

It was moved for approval of the subject draft letters to the Federal Transit Administration requesting a “Timeout” relative to the Dulles Rail Project, and to Governor Kaine, with copies to Fairfax Board Chairman Connolly, as revised.

Motion: Lovelace
Second: Polychrones
Carried unanimously



ACCEPTANCE OF LETTER OF RESIGNATION FROM MS. CAROLE WOLFAND, OF THE TOWN/BUSINESS LIAISON COMMITTEE, (T/BLC).

It was moved for acceptance of the letter of resignation received from Ms. Carole Wolfand, effective January 28, 2008 from the Town Business Liaison Committee. It was further moved the Mayor is authorized to present Ms. Wolfand with a Certificate of Distinguished Service in appreciation of her ten years of service to the Town.

Motion: Cole
Second: Lovelace
Carried unanimously



TOWN COUNCIL TO CONVENE INTO CLOSED SESSION RELATIVE TO MATTERS
OF PERSONNEL.

It was moved that the Vienna Town Council recess the Regular Meeting and convene in Closed Session, pursuant to Section 2.2-3711.A(1) of the Virginia State Code for the purpose of discussing matters of personnel relating to a specific individual. At the conclusion of the Closed Session the Town Council will reconvene the Regular Meeting and report on the Closed Session.

Motion: Kelleher
Second: Polychrones
Carried unanimously

At this time, 9:15 P.M., the Members of Council left the dais and convened into Closed Session.

The Regular Meeting of Council reconvened at 9:40 P.M. All Members of Council as previously recorded were again present.

Mayor Seeman reported on the Closed Session by stating Council Members had been briefed by the Town Attorney on a specific personnel matter relative to one individual. She stated 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, January 28, 2008, the Town Council met for the purpose of discussing matters of personnel relating to one individual. 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 be continued to February 25, 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 regarding the status of the matter pending with one individual and/or the conducting of interviews with individuals interested in appointment or reappointment to Town Boards and Commissions.

Motion: Kelleher
Second: Robinson
Carried unanimously – Poll vote

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 to adjourn.

Motion: Robinson
Second: Cole
Carried unanimously

The Regular Meeting of Council adjourned at 9:45 P.M.



PUBLIC HEARING

PROPOSED ORDINANCE AMENDING THE CODE OF THE TOWN OF VIENNA, CHAPTER 11, PERSONNEL

JANUARY 28, 2008


The Town Council conducted a Public Hearing on the above cited Proposed Ordinance amending Chapter 11, of the Vienna Town Code, on Monday, January 28, 2008, 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.

Mrs. Nancy McMahon, Director of Administrative Services was present and stated the Propose Ordinance amends the Town Code relative to the probationary period for all civilian employees upon their initial hiring. Currently the Code provides for the probationary period at six months, and it is recommended the time period be extended to twelve months. She further indicated that in conjunction with this change, it is requested that the Code be amended to permit new employees to take annual leave as soon as it is accumulated; current policy allows employees to use annual leave only after completing the initial six month probationary period. With regard to current sick leave policy, employees are allowed to take sick leave as soon as it is earned therefore, no changes are being recommended. Mrs. McMahon continued by stating the policy relative to holiday pay for part time employees has been clarified and allows for holiday pay to be granted to seasonal employees; currently seasonal employees are not paid if an official Town holiday falls during the pay week. Mrs. McMahon stated the additional costs to pay seasonal employees for official Town holidays is estimated to be no more than $2,500.00 per year; if approved these costs will be included in future year budget submissions.


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

It was moved to close the Public Hearing.

Motion: Kelleher
Second: Dellinger
Carried unanimously – Poll vote

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


It was moved for approval of the Proposed Ordinance to amend the Code of the Town of Vienna, Chapter 11, Personnel.

Motion: Kelleher
Second: Dellinger
Carried unanimously – Poll vote


It was further moved this item be placed on the Agenda of February 25, 2008 for adoption and the Town Clerk is directed to advertise a Notice of Adoption.

Motion: Kelleher
Second: Robinson
Carried unanimously – Poll vote

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




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

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