Minutes

REGULAR COUNCIL MEETING
March 17, 2008


The Town Council met in regular session on Monday, March 17, 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 Roberto A. Paz, Iglesia Cristo Es Mi Refugio (Christ Is My Refuge) Church, Vienna, Virginia; 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 MARCH 3, 2008 AND ONE SPECIAL COUNCIL MEETING OF MARCH 10, 2008.

It was moved for approval of the Minutes of the Regular Council Meeting of March 3, 2008 and One Special Council Meeting of March 10, 2008.

Motion: Cole
Second: Dellinger
Carried unanimously


RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC.

None



SPECIAL PRESENTATION BY THE FRIENDS OF THE W&OD TRAIL.

Mrs. Anne Pastorkovich, Member of the Trail Patrol and Mr. Roger Neighborgall, President, of the Friends of the W&OD Trail were present and stated the organization wished to present to the Police Department a $500.00 check to be used to assist in the funding of a bike rodeo. Mrs. Pastorkovich indicated the Friends had assisted the Police Department in the past and they also wanted to be a sponsor. Mr. Neighborgall also spoke on the Vienna 10K race on July 26, 2008 on the W&OD Trail, beginning at 6:30 P.M. He indicated they expect over 500 hundred runners participating in the race this year and invited all Council Members to be present and the Mayor to be the starter.

Councilwoman Cole expressed appreciation to the Friends of the W&OD Trail for their trail patrols, and other assistance which they have provided and especially for the donation to the Police Department this evening.

Upon question of Mayor Seeman as to the number of individuals who volunteer on the trail patrols, Mrs. Pastorkovich indicated approximately fifty to sixty persons, along the entire trail.

Mr. Neighborgall further spoke on the fact that 180 Police Officers were killed in the line of duty in the United States during 2007. Each year there is a Police Unity Bike Tour during Police Week held in May of each year. The race goes approximately 200 hundred miles, starting in Virginia Beach and other areas of the country, ending in Washington at the Memorial. In order to ride in the race, a fee of $1,250.00 must be raised; at this time no one on the Vienna Police Force is participating in the race. The Friends of the W&OD Trail are donating $1,250.00 to a rider this year, who is one of the members of the trail patrol and a Deputy Sheriff of Fairfax County. The Friends would like to continue this donation each year and would like the Vienna Police Officers to know they will sponsor one rider next year.


RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC.

Councilman Dellinger discussed with the Town Manager the status of the VML initiative Virginia Green, and inquired if anyone was scheduled to attend the upcoming seminars on the subject. Mr. Schoeberlein indicated that Mrs. Linnea Fechter, Planner, Department of Planning & Zoning would be representing the Town at the seminar scheduled in Northern Virginia. Councilman Dellinger stated he hoped a Vienna Green Team could be instituted with representatives from the various Departments.

Mayor Seeman stated those maintenance and infrastructure upgrades which the Town has already been implementing in relation to the Virginia Green initiative should be published in the Newsletter, as many citizens have inquired as to what the Town has planned or is planning.

Councilwoman Kelleher indicated that a Motion should be made to set a Closed Session prior to the next meeting for purposes of conducting interviews with individuals interested in appointment to Town Boards.

It was moved that a Closed Session be conduced on April 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 of individuals interested in appointment to Town Boards and Commissions.

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

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


Councilwoman Cole reported on news which she had received from the Tysons Land Use Task Force, that at their meeting the previous Monday evening, the consultants did present a recommendation of 110 Million square feet when fully developed. It appears there is disagreement among Task Force Members whether that was enough; next Monday the Task Force will be meeting to discuss infrastructure needs for the development of Tysons. She further stated it would be an open meeting if anyone is interested in attending; and that she would check as to the location.

Councilwoman Robinson stated she had attended the Mayor’s “Getting to Know Your Town Government” meeting, where the Department of Public Works was the featured department. She stated she would like to compliment the Director, Ms. Holly Chu on her presentation; that it had been enjoyed by all present.


REPORT OF THE TOWN MANAGER

None


REPORT OF THE MAYOR

Mayor Seeman indicated she had received information that the Governor had signed the Bill, effective July 1, 2008, whereby the Northern Virginia Transportation Authority would increase its membership to include a non-voting Town representative.



PROPOSAL TO ADD ADDITIONAL ITEMS TO THE AGENDA

None


PUBLIC HEARING ON A PROPOSED ORDINANCE TO AMEND THE CODE OF THE TOWN OF VIENNA, CHAPTER 10, OFFENSES-MISCELLANEOUS, ARTICLE 3, OFFENSES AGAINST PROPERTY, SECTION 10-20.1 NUISANCES-NOISE, SECTION (C), SUBSECTION 3, EXPANDING THE PROHIBITION OF CERTAIN NOISE ON SUNDAYS AND FEDERAL HOLIDAYS.

See Official Minutes attached.



PUBLIC HEARING ON PROPOSED NEW RENTAL RATES FOR THE VIENNA COMMUNITY CENTER.

See Official Minutes attached.



RECOMMENDATION TO AUTHORIZE EXECUTION OF A “MEMORANDUM OF UNDERSTANDING” BETWEEN THE TOWN OF VIENNA AND THE VIENNA TYSONS REGIONAL CHAMBER OF COMMERCE FOR AN OKTOBERFEST/TASTE OF THE TOWN EVENT THIS OCTOBER.

It was moved for approval for the Mayor to execute a Memorandum of Understanding between the Town of Vienna and the Vienna Tysons Regional Chamber of Commerce for an Oktoberfest/Taste of the Town event this October.

Motion: Dellinger
Second: Polychrones
Carried unanimously – Poll vote

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



REQUEST FOR RELEASE OF THE 10% MAINTENANCE BOND IN THE AMOUNT OF $2,372.80 FOR THE SEKAS HOMES, LTD.,SUBDIVISION, LOCATED AT 1003 COTTAGE STREET, 300 AND 302 KINGSLEY ROAD, S.W.

It was moved for approval to release the 10% Maintenance Bond in the amount of $2,370.80 to Sekas Homes, Ltd., for the Subdivision located at 1003 Cottage Street, S.W. and 300 and 302 Kingsley Road, S.W.

Motion: Cole
Second: Robinson
Carried unanimously – Poll vote

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



REQUEST AUTHORIZATION TO EXPEND CAPITAL IMPROVEMENT PROJECT FUNDS IN AN ESTIMATED AMOUNT OF $12,926.00 FOR A PROPOSAL TO ANALYZE THE CAPACITY OF THE CULVERT BENEATH NUTLEY STREET NEAR THE INTERSECTION OF MARSHALL ROAD TO CONVEY STORMWATER BECAUSE OF A PROBLEM WITH FLOODING OF A RESIDENCE.

It was moved for approval of the proposal from Tri-Tek Engineering in an estimated amount of $12,926.00 for Nutley-Marshall Culvert Analysis with funding to come from Capital Improvement Project Funds.

Motion: Cole
Second: Lovelace
Carried unanimously – Poll vote

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



REQUEST AUTHORIZATION TO EXPEND CAPITAL IMPROVEMENT PROJECT FUNDS IN AN ESTIMATED AMOUNT OF $12,138.00 FOR A PROPOSAL FOR ANALYSIS OF THE HYDRAULIC CONDITION AFFECTING A STORM INLET ON MEADOW LANE, S.W.

It was moved for approval of the proposal from Tri-Tek Engineering of Herndon, Virginia for a drainage analysis of hydraulic conditions affecting the storm inlet located in front of 701 Meadow Lane, S.W., in an estimated amount of $12,138.00 with funding to come from Capital Improvement Project Funds.

Motion: Lovelace
Second: Robinson
Carried unanimously – Poll vote

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



REQUEST AUTHORIZATION TO CONTINUE RIDING THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY CONTRACT WITH MANSFIELD OIL COMPANY OF GAINSVILLE, GEORGIA, FOR THE PURCHASE OF DIESEL FUEL IN AN ESTIMATED AMOUNT OF $90,000.00.

It was moved for approval to continue riding Washington Metropolitan Area Transit Authority contract number #C6062 for the purchase of diesel fuel from Mansfield Oil Company of Gainsville, Georgia, and to expend approved Fiscal Year 2007-2008 budgeted funds with an estimated cost of $90,000.00.

Motion: Robinson
Second: Dellinger
Carried unanimously – Poll vote

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



REQUEST APPROVAL TO CONTINUE RIDING THE MONTGOMERY COUNTY, MARYLAND GOVERNMENT CONTRACT WITH MANSFIELD OIL COMPANY OF GAINSVILLE, GEORGIA FOR THE PURCHASE OF UNLEADED GASOLINE, WITH FUNDING APPROVED ON June 4, 2007.

It was moved for approval to continue riding the Montgomery County, Maryland Council of Governments contract number #4507000129CC, which was extended until February 28, 2009 for the purchase of unleaded gasoline from Mansfield Oil Company.

Motion: Kelleher
Second: Polychrones
Carried unanimously – Poll vote

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

It was moved to Amend the Main Motion, that purchase of the unleaded gasoline from Mansfield Oil Company, shall be in an amount not to exceed $160,000.00 for the fiscal year.

Motion: Polychrones
Second: Kelleher
Carried unanimously – Poll vote

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



REQUEST AUTHORIZATION FOR ADDITIONAL APPROVED FISCAL YEAR 2007-2008 BUDGETED FUNDS IN AN ESTIMATED AMOUNT OF $46,018.00 FOR ASPHALT REPAIR FROM MOUNT VERNON ASPHALT & PAVING, INC., OF WOODBRIDGE, VIRGINIA, UNDER CONTRACT #IFB 08-01.

It was moved for approval to expend additional Fiscal Year 2007-2008 budgeted funds in an estimated amount of

$46,018.00 under Contract IFB 08-01, Asphalt Repair, to Mount Vernon Asphalt & Paving, Inc.

Motion: Cole
Second: Lovelace
Carried unanimously – Poll vote

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



REQUEST APPROVAL TO EXPEND $10,800.00 AS REQUESTED BY THE DRUG ENFORCEMENT ADMINISTRATION, FROM THE VIENNA POLICE DEPARTMENT FEDERAL ASSET FORFEITURE ACCOUNT TO CONTRIBUTE TO THE WASHINGTON METROPOLITAN AREA TASK FORCE (M.A.T.F.) TO PARTIALLY OFFSET A BUDGET SHORTFALL IN THE CURRENT FISCAL YEAR.

It was moved for approval to expend $10,800.00 from the Vienna Police Department Federal Asset Forfeiture Account to contribute to the Washington Metropolitan Area Task Force (M.A.T.F.) to partially offset its budget shortfall in the current fiscal year.

Motion: Dellinger
Second: Robinson
Carried unanimously – Poll vote

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



REQUEST APPROVAL TO EXPEND CAPITAL IMPROVEMENT PROJECT CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $12,000.00 UNDER RFP 07-04 TO TRI-TEK ENGINEERING TO CONDUCT AN ENGINEERING NEEDS ASSESSMENT FOR A SUPPLEMENTAL HVAC SYSTEM IN THE POLICE HEADQUARTERS SERVER ROOM.

It was moved for the approval to expend Capital Improvement Project contingency funds in an amount not to exceed $12,000.00 under RFP 07-04 to Tri-Tek Engineering to conduct an engineering needs assessment for a supplemental HVAC system in the police headquarters server room.

Motion: Cole
Second: Lovelace
Carried unanimously – Poll vote

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



REQUEST APPROVAL OF A PROPOSED ORDINANCE TO REPEAL ARTICLE 7 OF CHAPTER 9 OF THE CODE OF THE TOWN OF VIENNA, TOWN VEHICLE LICENSES, REPEALING SECTIONS 9-64 THROUGH 9-70.

It was moved for approval to repeal Article 7, Chapter 9 of the Code of the Town of Vienna, specifically repealing Sections 9-64, 9-65, 9-66, 9-67, 9-68, 9-69 and 9-70 relating to the Town Vehicle Licenses. It was further moved the repeal of Article 7 shall become effective April 15, 2008.

Motion: Cole
Second: Lovelace
Carried unanimously – Poll vote

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


It was moved the Town Clerk be directed to advertise notices of intent to adopt this ordinance repealing Article 7, Chapter 9, Sections 9-64 through 9-70 and to place this item on the agenda of April 7, 2008 for adoption.

Motion: Cole
Second: Dellinger
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 3, ANIMALS AND FOWL, ADDING ARTICLE 4, “KEEPING OF WILD, EXOTIC OR VICIOUS ANIMALS PROHIBITED” AND SECTIONS 3-24, 3-25, 3-26, 3-27, 3-28, 3-29, 3-30, AND 3-31.

It was moved for adoption of the Proposed Ordinance amending the Code of the Town of Vienna, Chapter 3, Animals and Fowl, adding Article 4, Keeping of Wild, Exotic or Vicious Animals Prohibited, with Sections 3-24 through 3-31.

Motion: Lovelace
Second: Dellinger
Carried unanimously – Poll vote

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

It was moved that the Town Clerk be directed to advertise a Notice of Adoption.

Motion: Lovelace
Second: Cole
Carried unanimously



REQUEST APPROVAL TO PURCHASE CLEAR, OVAL CAR WINDOW DECALS INDICATING “TOWN OF VIENNA, VIRGINIA.”

It was moved for the approval to purchase 15,000 clear oval Town of Vienna, Virginia car window decals at the cost of $1,500.00 utilizing the colors of green and white. It was further moved the cost of the car window decals shall be from an account as determined by the Director of Finance.

Motion: Mayor Seeman
Second: Cole
Motion carried: 4/3 – Poll vote

Voting Aye: Cole, Lovelace, Robinson, Mayor Seeman

Voting Nay: Dellinger, Kelleher, Polychrones



REQUEST APPROVAL OF A PROCLAMATION DESIGNATING MAY 11TH THROUGH MAY 17TH 2008, AS BUSINESS APPRECIATION WEEK.

It was moved for approval of the Proclamation designating May 11-17, 2008 as Business Appreciation Week and hereby authorize the Mayor to execute and the Town Clerk to attest same.

Motion: Cole
Second: Dellinger
Carried unanimously


It was moved to adjourn.

Motion: Robinson
Second: Cole
Carried unanimously

The Town Council Regular Meeting adjourned at 9:30 P.M.



PUBLIC HEARING

PROPOSED ORDINANCE TO AMEND THE CODE OF THE TOWN OF VIENNA, CHAPTER 10, OFFENSES-MISCELLANEOUS, ARTICLE 3, OFFENSES AGAINST PROPERTY, SECTION 10-20.1 NUISANCES-NOISE, SECTION (C),SUBSECTION 3, EXPANDING THE PROHIBITION OF CERTAIN NOISE ON SUNDAYS AND FEDERAL HOLIDAYS.

March 17, 2008

The Town Council held a duly advertised public hearing on the above cited proposed ordinance amendment on Monday, March 17, 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.

Mayor Seeman stated at the request of the Town Council, the Town Attorney had drafted amendments to the Town of Vienna’s Nuisances-Noise ordinance to expand the times and dates when certain noisy activities are prohibited. She stated that currently construction activity is prohibited between the hours of 8:00 p.m. and 7:00 a.m. An exception is made for owners, occupants or non-profits on dwelling houses on Sundays except between the hours of 8:00 p.m. and 7:00 a.m. The proposed amendment adds federal holidays and expands the time to 9:00 a.m.

Councilman Lovelace inquired as to why the subject amendment was needed. Mayor Seeman stated it was in response to a citizen request.

Councilwoman Kelleher discussed with the Town Attorney the amended time change and that the proposed amendment was consistent with that of Fairfax County.

Mr. Schoeberlein commented that one of the reasons for the amendment was due to the commercial lawn services who occasionally begin mowing operations at 7:00 a.m. or earlier.

Councilwoman Robinson indicated that the amendment did not address lawn mowing; it addressed the demolition, excavation, alteration, repair; it addresses repair and/alterations.

Discussion ensued relative to the intent of the ordinance amendment and the proposed language and its clarity.

It was the consensus of Council that the Town Attorney should redraft the ordinance amendment and specify it precludes outdoor activities, lawn mowing, etc, prior to 9:00 a.m. on Sundays and federal holidays.


It was moved to close the Public Hearing.

Motion: Polychrones
Second: Lovelace
Carried unanimously


It was moved the item be deferred.

Motion: Polychrones
Second: Lovelace
Carried unanimously – Poll vote

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


The Public Hearing adjourned at 8:35 P.M.



(2nd) PUBLIC HEARING

PROPOSED NEW RENTAL RATES FOR THE VIENNA COMMUNITY CENTER

MARCH 17, 2008

The Town Council conducted a public hearing on the above cited proposed new rental rates for the Vienna Community Center, on Monday, March 17, 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. Cathy Salgado, Director of Parks & Recreation, addressed Council and stated the proposed rental rates, policies and procedures for the Vienna Community Center are evaluated every five years. The rates for the Community Center were last adjusted in 2003. The proposed rate schedule keeps the rates lower than those of other area jurisdictions; it also maintains a 50% difference between in-town and out-of-town fees. Mrs. Salgado also stated several policies and procedures have been adjusted, which include a new application schedule, the addition of cleaning and supervisor fees when applicable, qualification procedures for resident and non-resident rates. She stated that if the schedule is approved by the Town Council the adjusted fees would go into effect July 1, 2008. (Copy of proposed rate schedule attached to Official Minutes.)

Mayor Seeman inquired if anyone in the audience desired to speak on the proposed rental rates, policies and procedures. Noted for the record there were none.

Mayor Seeman inquired if any member of Council wished to address the proposed rate amendment. Noted for the record there were none.


It was moved to close the Public Hearing.

Motion: Polychrones
Second: Cole
Carried unanimously – Poll vote

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


It was moved for approval of the proposed amendments to the Community Center rental rates, policies and procedures.

Motion: Lovelace
Second: Cole
Carried unanimously – Poll vote


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



It was further moved that said Ordinance Amendment be placed on the Council Agenda of April 7, 2008 for adoption and the Town Clerk be directed to advertise Notices of Intent to Adopt.

Motion: Lovelace
Second: Cole
Carried unanimously



The Public Hearing adjourned at 8:40 P.M.

Town Government  / Town Services  / Regulations & Ordinances  / Town Information  / Town Departments  / Mailbox