Minutes

Regular Council Meeting
August 17, 2009

The Town Council met in regular session on Monday, August 17, 2009 in the Council Room of the Charles A. Robinson, Jr. Town Hall at 127 Center Street, South in Vienna, Virginia. Mayor M. Jane Seeman called the meeting to order with the following members of Council present: Laurie G. Cole, Laurie A. DiRocco, Edythe F. Kelleher, George E. Lovelace and Michael J. Polychrones, Howard J. Springsteen was on vacation. Also present were John H. Schoeberlein, Town Manager, Steven D. Briglia, Town Attorney, Melanie J. Clark, Town Clerk and Carol S. Waters, Deputy Town Clerk.

Ms. Carol Scruggs of the Local Spiritual Assembly of the Baha’is of the Town of Vienna opened the meeting with an invocation. Following the invocation, the meeting continued with the recitation of the Pledge of Allegiance to the Flag of the United States of America.

APPOINTMENT OF NEW TOWN CLERK

It was moved to appoint new Town Clerk Melanie J. Clark pursuant to a contractual agreement with the Town for a term of 1 year.

Motion: Mayor Seeman
Second: Councilwoman Cole
Carried unanimously – poll vote

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman.

APPROVAL OF THE MINUTES.

It was moved to approve the minutes of the regular Council Meeting and five Public Hearings of May 11, 2009, Regular meeting and three Public Hearings of May 18, 2009, Regular Meeting and two Public Hearings of June 1, 2009 and the Regular Meeting of June 15, 2009.

Motion: Councilman Lovelace
Second: Councilwoman Cole
Abstained –Councilwoman DiRocco
Carried unanimously

RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC.

Mayor Seeman called for anyone in the audience desiring to speak on items not already listed on the agenda and also she pointed out that anyone who wanted to speak on any of the public hearings to please sign in on the sheets provided.

PRESENTATION BY CRISISLINK

Mayor Seeman welcomed a representative from CrisisLink to come forward. Mayor Seeman then read the proclamation that was presented to CrisisLink, proclaiming September 6, 2009 – September 12, 2009 as Suicide Prevention Week. The Mayor then asked the representative to speak about what CrisisLink does.

REPORT AND INQUIRIES OF COUNCIL MEMBERS.

Councilwoman DiRocco suggested that the town look into collecting email addresses for town residents mainly for communications, public safety and possibly to receive the newsletter. She suggested that the Town Manager put it on the agenda for the next work session.
Councilman Lovelace had an opportunity to speak with the residents on East St. and they were going to be coming forward with a petition looking for ways to slow traffic down. During the discussion it came up that particularly on East St. and Creek Crossing Rd. that the traffic is zipping right through and they thought that more of a police presence would help slow it down. He also spoke with some residents on Plum St and Meadow Lane and they are concerned that they do not have sidewalks; he suggested they get a petition into the Council regarding that. Councilman Lovelace was also wondering about the money that was received from former Representative Tom Davis and how is that being used relative to the list of sidewalks; he did not need an answer tonight but just wanted to bring it up.
Councilman Lovelace also brought up that he received notice that there is an outbreak of canine influenza. The Park Authority has not closed the dog parks but they are notifying the people running the parks of this outbreak. Also the animal shelters are not accepting any more animals at this time. They have put out information about the influenza and how you can protect your dog from it and the Mayor has suggested putting it in the newsletter as well as posting it up at the dog park.

REPORT OF THE CLOSED SESSION RELATIVE TO MATTERS OF PERSONNEL.

Mayor Seeman reported on the Closed Session convened earlier this evening prior to the Regular Town Council meeting, for the express purpose of interviewing candidates for openings on boards and commissions.

It was moved that the members of the Vienna Town Council be polled to affirm that during the Closed Session convened this date, August 17 2009, the Town Council met for purposes of discussing matters pertaining to personnel, specifically, the interviewing of individuals interested in appointment and re-appointment to Town Boards and Commissions.

It was further moved that the Certification Resolution be adopted in accordance with State Statutes, and that the Town Clerk be authorized to execute the Certification Resolution.

It was further moved that the Closed Session be continued to September 14, 2009 at 7:15 pm., in accordance with Virginia Code Section 2.2-3711.A(1) for purposes of discussing matters of personnel, specifically the interviewing of individuals interested in appointment and/or reappointment to Town Boards and Commissions.
Motion: Councilwoman Kelleher
Second: Councilwoman Cole
Carried unanimously – Poll vote

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman.


It was moved that Mr. Stephen Kenney be re-appointed to the Transportation Safety Commission for a two year term of office. Said term shall be retroactively effective as of April 4, 2009 and will expire April 4, 2011.

Motion: Councilwoman Kelleher
Second: Councilman Polychrones
Carried unanimously


Mayor Seeman recognized a Boy Scout in the audience from troop #152 who is working on his Communication Merit badge requirement which is his last one for his Eagle Scout.


REPORT OF THE MAYOR.

Mayor Seeman wanted to mention the Legislative Agenda for 2010 and needs to know if there is anything else that should be added and that it needs to be firmed up so that we can meet with the legislators after the election is over. Councilwoman Cole asked if the Council will be holding a public hearing again this year and the response was yes they will.


AGENDA ITEM #5
PUBLIC HEARING ON PROPOSED DOGWOOD STREET, S.W. SIDEWALK PROJECT.

See Official Minutes attached.


AGENDA ITEM #6
PUBLIC HEARING ON AN APPEAL OF A DECISION OF THE BOARD OF ARCHITECTURAL REVIEW TO DENY APPROVAL OF A FAÇADE SIGN WITH LOGO FOR HSBC BANK, TO BE LOCATED AT 214 MAPLE AVENUE WEST, (DOCKET NO. BAR-41-09) IN THE C-1A SPECIAL COMMERCIAL ZONING DISTRICT; FILED BY JOHN KELLY OF DMS SIGN CONNECTION, INC.

See Official Minutes attached.


AGENDA ITEM #7
PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE TOWN CODE, CHAPTER 21, VIENNA BIKEWAY PLAN, ARTICLE 2, RIDING ON SIDEWALKS, SECTION 21-10, ADDING NEW SUBSECTION (e) AND CLARIFYING THE OBLIGATIONS OF BICYCLISTS RIDING ON SIDEWALKS AND BIKE PATHS.

See Official Minutes attached.


AGENDA ITEM #8
REQUEST APPROVAL TO RIDE FAIRFAX COUNTY CONTRACT RQ09-997736-42D FOR THE POLICE DEPARTMENT TO PURCHASE FOUR PANASONIC LAPTOP COMPUTERS AND THE NECESSARY ASSOCIATED EQUIPMENT, FROM GTSI CORPORATION AT A TOTAL COST OF $23,203.48.

Chief Carlisle stated that this was for an ongoing replacement program. They have 16 laptops to be replaced and they will try and replace 4 each year and once they catch up then they will try and go on a five year replacement cycle. The funds will be used from the Asset Forfeiture funds which is an acceptable expense under the guidelines.

It was moved for the approval of the Police Department to ride Fairfax County Contract RQ09-997736-42-D for the purchase of 4 Panasonic laptop computers and necessary associated equipment from GTSI Corporation at a total cost of $23,203.48.

Motion: Councilman Lovelace
Second: Councilwoman Cole
Carried unanimously – Poll vote

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman


AGENDA ITEM #9
REQUEST FOR ACCEPTANCE OF DEPARTMENT OF MOTOR VEHICLES 2010 NATIONAL HIGHWAY TRAFFIC ADMINISTRATION PASS-THROUGH GRANT IN THE AMOUNT OF $24,300.00.

Chief Carlisle stated that this would be used for traffic enforcement but mainly for overtime and a small amount can be used for equipment as part of the grant application. It will also be used for traffic enforcement campaigns and select enforcement campaigns. Recently they used a little bit from last year to look at the W&OD crossing complaints. Mayor Seeman asked if this could be used for the “Eye to Eye” campaign. Chief Carlisle is not sure, what they have told them is they want these grants to be used for enforcement related activities. However he did find in an obscure location of the grant application that said it can be used if it is part of a targeted education campaign under certain circumstances. Councilman Polychrones asked if this is acceptable to use to reimburse overtime expenses and would we be charged any penalties if they were outside the guidelines of the grant. They do have to conform to the grant guidelines and they would look at that ahead of time and deal with their contact on this and they would arrive at that decision before they went out to do it. If we operated outside of the grant guidelines we incur the expense and they could decline to reimburse the expense. Councilman Lovelace asked if there is any new technology available to the Police Department that would provide a police presence in certain situations. In other words instead of having a body present is there some technology that would take the place of that. Chief Carlisle is not aware of any right now but they are always looking.

It was moved for approval to accept the Department of Motor Vehicles 2010 National Highway Traffic Administration pass-through grant, in the amount of $24,300.00, which includes a $4050.00 matching contribution by the Town. It was further moved that the grant shall be used for the reimbursement of the cost of overtime for police officers to conduct traffic enforcement patrols.

Motion: Councilwoman Cole
Second: Councilman Lovelace
Carried unanimously – Poll vote

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman


AGENDA ITEM #10
REQUEST AUTHORIZATION TO RIDE ARLINGTON COUNTY, VA CONTRACT 88-09, WATER MAIN MAINTENANCE WITH E.E. LYONS, TO INSTALL FOUR (4) SECTIONS OF WATER MAIN.

Mr. Dennis Johnson, PE, of the Department of Public Works, described that these are gaps where subdivisions were required to install water mains. They came together in little pieces, some are missing and therefore the water doesn’t flow evenly through that neighborhood. They are missing pipes that were never installed.

It was moved for approval to ride Arlington County contract 88-09 with E.E. Lyons Construction Co., Inc., to construct four water mains as described in their proposals, with funding to come from Capital Improvement Projects funds, account number 388501-48803, in a total estimated amount of $169,666.50.

Motion: Mayor Seeman
Second: Councilman Lovelace Carried unanimously – Poll vote

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman

Councilman Polychrones questioned when the project will be started. Mr. Johnson stated that the contractor has a crew free and they are chomping at the bit and should be done within 6 weeks.


AGENDA ITEM #11

AUTHORIZATION TO RIDE ARLINGTON COUNTY, VA CONTRACT 88-09, WATER MAIN MAINTENANCE WITH E.E. LYONS TO INSTALL THE FREDERICK STREET AND NUTLEY STREET WATER BOOSTER PUMPING STATIONS AND APPROPRIATE $66,780.00 FOR THE WORK.

Mr. Dennis Johnson, PE., of the Department of Public Works, stated that these are the same pumping stations that the Council has seen before several times and this is to do the installation. He is looking for very quick action on this one as well.

It was moved for approval to ride Arlington County contract 88-09 with E.E. Lyons Construction Company, Inc., to install the Frederick Street and Nutley Street water booster pumping stations, with funding to come from the Capital Improvement Projects fund, account number 370502-48803, in the total estimated amount of $66,780.00.


Motion: Councilwoman Kelleher
Second: Councilman Polychrones
Carried unanimously – Poll vote

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman


AGENDA ITEM #12

AUTHORIZATION TO USE SAGRES CONSTRUCTION CORPORATION UNDER IFB 05-10, ANNUAL CONTRACT FOR GENERAL CONSTRUCTION SERVICES, FOR KNOLL STREET, N.W. STREET AND SIDEWALK PROJECT.

It was moved for approval to use Sagres Construction Corporation under IFB 05-10 (Annual Contract for General Construction Services) for the Knoll Street, N.W. street and sidewalk project, and approve Capital Improvement Projects Funds from account number 323402-48899, in an estimated amount of $59,546.00 with the Virginia Department of Transportation Revenue Sharing Program to reimburse 50 percent of the construction costs after the work is completed.

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

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman


AGENDA ITEM #13

CONSENT AGENDA; SEVEN SEPARATE ITEMS FOR PUBLIC WORKS EXPENSES

13-A – Authorize silt removal with Sagres Construction Corp., estimated cost of $54,660.79.

13-B – Award IFB 10-02, Asphalt Repair and Remarking to Espina Paving, estimated cost $58,855.00.

13-C – Authorize to ride Fairfax County Contract #RQ10-122997-12A, Motor Oils, Lubricants, Greases and Related Items, with Tilley Chemical Co., estimated cost $20,000.

13-D – Award IFB 10-05, Asphalt Hot Mix, to National Asphalt Manufacturing Corp., estimated cost $288,500.0.

13-E – Continue riding Fauquier County Government and Public Schools Contract number 06-09KHC, Labor Agency Services, with Labor Ready Mid-Atlantic, Inc., estimated cost $31,128.60.

13-F - Continue riding City of Chesapeake, VA. Contract number 08-011-775-45 for sodium chloride (rock salt) with International Salt Co., estimated cost of $50,862.00.

13-G – Approval of concrete repair and maintenance with Sagres Construction Corp. under IFB 05-10, estimated cost $198,788.00.

It was moved for the approval of items as presented by the Department of Public Works and contained in this consent agenda, and designated as items numbered 13-A, 13-B, 13-C, 13-D, 13- E 13-F and 13-G.

Motion: Councilman Lovelace
Second: Councilman Polychrones
Carried unanimously – Poll vote

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman


AGENDA ITEM #14

CONSIDERATION OF JANITORIAL SERVICES CONTRACT (IFB 10-01) TO BLUE CHIP SERVICE, INC.

It was moved for approval to award IFB 10-01 for janitorial cleaning services for Town Hall and Police Facilities to Blue Chip Service, Inc. in an amount to not exceed $30,701.76 except for additional services as needed, at an hourly rate of $19.25 as bid.

Motion: Councilman Polychrones
Second: Councilman Lovelace
Carried unanimously – Poll vote

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman


AGENDA ITEM #15

DELINQUENT REAL ESTATE PROPERTY TAX LIST.

It was moved that the delinquent real estate property tax list submitted by the Director of Finance/Treasurer, exclusive of those having been paid since June 30, 2009, be published in a newspaper of general circulation in the Town and posted on the Town’s web site. It was further moved that it be transmitted to Fairfax County with the request that it be posted and entered into County records according to law. It was further moved that real estate taxes delinquent for more than two years be recorded against said properties
.

Motion: Councilwoman Cole
Second: Councilwoman DiRocco
Carried unanimously – Poll vote

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman.


AGENDA ITEM #16

ADOPTION OF A REVISION TO THE CODE OF THE TOWN OF VIENNA, CHAPTER 1, GENERAL PROVISIONS, § 1-12, SCHEDULE OF FEES, BY ADDING A FEE FOR PORTABLE STORAGE CONTAINERS.

It was moved for the adoption of the Proposed Ordinance amending the Code of the Town of Vienna, Chapter 1, General Provisions, Section 1-12, Schedule of Fees, by adding a new line for a $25.00 permit fee for portable storage containers.

Motion: Councilman Lovelace
Second: Councilwoman Cole
Carried Unanimously: Poll vote

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman


AGENDA ITEM #17

SET DATE FOR PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE TOWN CODE, CHAPTER 11, PERSONNEL, ARTICLES 1, 2 AND 4.

It was moved for approval to set the date of September 14, 2009 to conduct a public hearing on the Proposed Ordinance amendments to the Town Code, Chapter 11, Personnel.

Motion: Councilman Polychrones
Second: Councilman Lovelace
Carried Unanimously: Poll vote

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman


It was moved to adjourn.

Motion: Councilwoman Kelleher
Second: Councilwoman Cole
Carried unanimously


The Regular Meeting of August 17, 2009 adjourned at 10:20 p.m.



Public Hearing
August 17, 2009

PUBLIC HEARING ON PROPOSED DOGWOOD STREET, S.W. SIDEWALK PROJECT

The Town Council held a duly advertised public hearing on proposed Dogwood Street, S.W. sidewalk project on Monday, August 17, 2009 in the Council Room of the Charles A. Robinson, Jr., Town Hall at 127 Center Street, South in Vienna, Virginia. Mayor M. Jane Seeman called the hearing to order with the following members of Council present: Laurie G. Cole, Laurie A. DiRocco, Edythe F. Kelleher, George E. Lovelace and Michael J. Polychrones. Howard J. Springsteen was on vacation. Also present were John H. Schoeberlein, Town Manager, Steven D. Briglia, Town Attorney, Melanie J. Clark, Town Clerk and Carol S. Waters, Deputy Town Clerk.

THE SIDEWALK TASK FORCE RECOMMENDED CONSTRUCTION OF A SIDEWALK ON DOGWOOD STREET, S.W. BETWEEN CENTER STREET, S. AND COTTAGE STREET, S.W. AS A PRIORITY ONE PROJECT. MAYOR SEEMAN STATED THAT SHE WAS NOTIFIED RECENTLY BY THE DEPARTMENT OF TRANSPORTATION THAT THIS PROJECT HAD JUST RECENTLY RECEIVED AUTHORIZATION.

Mr. Dennis Johnson, P.E. from the Town of Vienna Department of Public Works, addressed Council informing them that this is part of the $98,000 grant that was received by former Representative Tom Davis which has been carried over to Congressman Gerald Connolly. They had gone through the list of top priority projects supplied by the Task Force and picked one that could get built with the funds available. They have proposed a standard four-foot wide concrete sidewalk with a two and one-half foot grass utility strip within the public right of way; there will be no taking of land although there will be some disturbance as some people consider that their front yard, there will be some landscaping that will need to be replaced. Mr. Johnson sent a letter out to the citizens asking if they would like to have a public hearing or that if anyone had any questions he would be available to answer them or they could request a public hearing, a public hearing was requested.

Staff is suggesting that they put the sidewalk on the north side of the street which is the side closest to Town Hall. The reason being that it is not as steep, there are no utility poles or fire hydrants and therefore easier to build.

The Mayor noted that she received a letter from Mrs. Patsy Allensworth saying that she did not want a sidewalk on that side of the street. Josh Schneider of 120 Dogwood St. spoke in favor of the sidewalk. Adam Wolke of 111 Dogwood St. also spoke in favor of the project.

It was moved that the Public Hearing be closed on the Dogwood Street, S.W. Sidewalk Project and allow additional written comments to be added to the record until August 31, 2009.
Motion: Councilman Polychrones
Second: Councilman Lovelace
Carried unanimously – Poll vote

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman.

It was further moved for approval of the proposed sidewalk project on the north side of Dogwood Street, S.W. between Center St., S and Cottage St. S.W.

Motion: Councilman Polychrones
Second: Councilwoman DiRocco
Carried unanimously – Poll vote

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman.



Public Hearing
August 17, 2009

PUBLIC HEARING ON AN APPEAL OF THE BOARD OF ARCHITECTURAL REVIEWS’ DENIAL FOR APPROVAL OF A FAÇADE SIGN WITH LOGO FOR HSBC BANK.

The Town Council held a duly advertised public hearing on an appeal of a decision of the Board of Architectural Review (BAR) on Monday, August 17, 2009 in the Council Room of the Charles A. Robinson, Jr., Town Hall at 127 Center Street, South in Vienna, Virginia. Mayor M. Jane Seeman called the hearing to order with the following members of Council present: Laurie G. Cole, Laurie A. DiRocco, Edythe F. Kelleher, George E. Lovelace and Michael J. Polychrones. Howard J. Springsteen was on vacation. Also present were John H. Schoeberlein, Town Manager, Steven D. Briglia, Town Attorney, Melanie J. Clark, Town Clerk and Carol S. Waters, Deputy Town Clerk.

THE BOARD OF ARCHITECTURAL REVIEW DENIED AN APPROVAL OF A FAÇADE SIGN WITH LOGO FOR HSBC BANK, TO BE LOCATED AT 214 MAPLE AVENUE WEST, IN THE C-1A SPECIAL COMMERCIAL ZONING DISTRICT. THE APPLICANT HAS APPEALED THE DECISION FILED BY JOHN KELLY OF DBS SIGN CONNECTION, INC.

Councilman Polychrones disclosed that HSBC Bank is a member of the American Bankers Association and has a representative that sits on the Board of Directors; he is employed by that Association.

Linnea Fechter, of Planning & Zoning brought color drawings of the proposed sign for the Councils review. Mayor Seeman asked what the 2nd logo was on the drawing. Ms. Fechter stated that it was the lighting inside which would be covered. Ms. Fechter informed the Council that the BAR has approved only the lettering and the applicant would like the approval of the lettering and the logo. The applicant, John Kelly of DBS sign explained why they would like approval for the logo. When they applied with the BAR back in June, a master sign plan was not in place at that center, there was a tenant sign criteria at that time which was drafted in 1991; it was never adopted by the Town and it did disallow logos. Since that time the landlord has drafted a Master sign plan which is to be heard at Thursday’s BAR meeting, August 20, 2009, it will allow logos, provided that the landlord approves them and that they meet the Town’s criteria and are not garish or distracting to motorists. These are the principal reasons they would like the Council to overturn the decision of the BAR. The landlord has approved the logo presentation provided. Councilwoman DiRocco asked if the only dispute was with the actual logo. Mr. Kelly responded and said yes it was.

Councilwoman Cole commented on the “Tenant sign criteria” where it sets out that the tenant cannot have a logo, and noted that if the Town was to approve the logo it would put the tenant in violation of their lease agreement. Larry Spott of the Rappaport Company, the landlord’s representative, spoke on behalf of the landlord and stated that the sign criteria spoken of was the 1991 criteria and is not an exhibit to the tenants lease and the landlord has already approved the sign with the logo; therefore they will not be in violation of their lease.

Shirley Damon of the BAR provided some history on the allowed signs in the past and indicated that she has a problem with the fact that they are suddenly changing things because a new tenant is coming in. She also questioned what side of the shopping center was the correct one, the 100 block or 200 block. Mr. Spott verified that it does include both sides of the shopping center.

Councilman Lovelace asked if this is approved by the BAR whether the current tenants would be eligible to have a logo. Mr. Spott responded stating that they would. Councilwomen DiRocco asked Ms. Damon if the BAR thought the proposed sign, with the logo on it, was a good design and was harmonious with the area. Ms. Damon stated that the BAR had no question with the design itself, their question was that they have denied all other previous applicants and now they are coming in all of a sudden having logos and are concerned about fairness to the previous tenants.

Paul Layer of the BAR read a brief description of what the BAR looks for in a design.

It was moved that the Public Hearing be closed.

Motion: Councilwoman Cole
Second: Councilman Lovelace
Carried unanimously – Poll vote

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman.

It was further moved for approval of signage with the logo for HSBC located at 214 Maple Avenue, West as requested by the applicant.

Councilwoman Cole wanted to clarify that what is before the Council is not anticipating the “Master Sign Plan” that the property Manager is going to bring forward and the fairness issues that have or have not been asked for in the past, but to make sure the sign meets the criteria and that it is harmonious to the surroundings and that it is not garish or distracting and that it is aesthetically suitable to the environment. The Council needs to act on the criteria and not what was approved or disapproved in the past. In reviewing the criteria Councilman Lovelace stated that the application does meet the criteria and recommends the approval.

Motion: Councilwoman Cole
Second: Councilwoman DiRocco
Carried unanimously – Poll vote

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman.


Public Hearing
August 17, 2009

PUBLIC HEARING ON PROPOSED AMENDMENT TO THE TOWN CODE, CHAPTER 21, VIENNA BIKEWAY PLAN.

The Town Council held a duly advertised public hearing on the proposed amendments to the Town Code, Chapter 21, Vienna Bikeway Plan on Monday, August 17, 2009 in the Council Room of the Charles A. Robinson, Jr., Town Hall at 127 Center Street, South in Vienna, Virginia. Mayor M. Jane Seeman called the hearing to order with the following members of Council present: Laurie G. Cole, Laurie A. DiRocco, Edythe F. Kelleher, George E. Lovelace and Michael J. Polychrones. Howard J. Springsteen was on vacation. Also present were John H. Schoeberlein, Town Manager, Steven D. Briglia, Town Attorney, Melanie J. Clark, Town Clerk and Carol S. Waters, Deputy Town Clerk.

Proposed amendment to the Town Code, Chapter 21, Vienna Bikeway Plan, Article 2, Riding on Sidewalks, Section 21-10, adding new subsection (e)
And clarifying the obligations of Bicyclists riding on sidewalks and bike paths.

Town Attorney, Steven Briglia explained to the Council that the proposed amendment had been referred to the Transportation Safety Commission who held a couple of hearings on this and there were a couple of suggestions made to subsection (a) as an addition to the Towns section 21-10. There was also an alternative to proposed subsection (e) listed as #2 and also another amendment to the new subsection (f) adding sidewalks and as more of a clarification. Mayor Seeman received about 14 emails from residents that will all be part of the hearing.

Police Chief Carlisle offered information on what the laws were for bicyclists along with some of the safety issues that they have already had. He also spoke about the survey sponsored by the Police Dept. regarding Bicycle, Pedestrian and Motor vehicle safety that is available online and in various locations; the survey closes August 31, 2009. They are also working on a campaign that they are about to unveil called “Eye to Eye”, which will hopefully facilitate visual contact between motor vehicle operators and operators of bicycles to help promote a safer situation. After months of research he feels this will be the best program to help with the safety issues. The following members of the audience spoke on the proposed plan and offered their thoughts and suggestions:

Mr. Eric Peterson – 304 Lewis St. – addressed the Council about some various issues he has regarding the bicycles and autos on Maple Avenue and Nutley Street, and said he would like to see bike lanes added.

Mr. David Schultz – 200 Owaissa St.- stated that he uses the bike path often whether walking or biking and feels there needs to be more visibility on the side of the road so that the cars see the bikes and the bikes see the cars. Also, he remarked that the intersection of Park St/W&OD on the Community Center side is really shaded and there is a large stone so a car cannot see the bikes as they approach. There were a few other areas he expressed concern about on the trail that he feels should be addressed.

Mr. Kristopher Larsen – 2354 Cedar Lane, addressed the Council as a new resident, stating that one of the reasons they chose Vienna was the ability to bike to local business’ and events. He encourages the Council to table this article until it has been further studied.

Mr. Bruce Wright, a member of the Fairfax Advocates for Better Bicycling (FABB) and Washington Area Bicyclist Association (WABA) - 279 Cobblestone Lane, Reston. Stated that he does not agree with the proposed changes, he and the rest of the members of the FABB and WABA feels the existing code is appropriate, however they do agree that riding on the sidewalks is very dangerous, it is much more dangerous than riding in the road. He made a few other points regarding the issues and he also suggested that they table the matter and when the Bicycle Advisory Review Board is established that they take a look at the current bikeway plan and maybe create a true bike plan for the town that would include goals for bike lane, bike parking and a list of prioritized projects.

Mr. Hunter McCleary – 2205 Trott Ave., expressed his opposition to this proposed change.

Mr. Harrison Brockwell – 104 West Manor Court, expressed his concern with one intersection, Follin Lane & 123, that there is a blind corner there and there are no crosswalks, no walk signals and no signs. There have been some accidents there which he was in one of them and would like to ask that a crosswalk and a walk button be installed there.

Mr. Bob Meyers – Roosevelt Court NE, expressed his opposition to the changes at this time, he feels at this time it would an extra burden on cyclists which there already is a burden on them. He does support the “Eye to Eye” campaign and he did fill out the survey with some of his suggestions.

Mark Lander of Evolution Fitness – He wanted to mention that at the intersection of 123 and Whole Foods, people have actually turned onto the bike trail and he feels that this is an issue that should be addressed. Also he is questioning an allocation of funds that he had heard about from the state of VA which would fund an increase in bike lanes. Mayor Seeman said they would check with the State Senator.

Councilwoman Cole wanted to mention that there has been such an impressive turnout in response to this that she would like to urge people that are engaged in this to also be engaged at the State level. For years there has been a Pedestrian Safety bill proposed by Sen. Patsy Ticer of Alexandria and it keeps getting defeated, so she would like to see them turn this energy to Richmond so they could get the legislation that would enable them to do some of these safety issues.

Councilwoman Kelleher wanted to mention on the record that Mrs. Laura Blye Hogan called and she was on Glenn Avenue SW and she really did not have anything to say about this portion of the proposed new language. She did however want to say “thank you” for subsection A, “Children under eleven (11) years of age and bicyclists accompanying them may ride a bicycle on the sidewalk.

Mr. Bob McCahill – 429 North Center St., expressed to the Council that after what he has heard tonight it seems difficult to support the amendments at this time. He did want to piggyback on Eric Petersons comments and wanted to mention Maple Avenue and Nutley St., he feels that these two roads are very dangerous and he would also like to encourage bike lanes on each of these two roads, especially on Nutley. He also feels the bushes should be trimmed on Nutley, at least once a month for better visibility.

It was moved that the Public Hearing be closed.

Motion: Mayor Seeman
Second: Councilman Lovelace
Carried unanimously – Poll vote

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman.

It was moved that the proposed amendments to the Town Code, Chapter 21, Vienna Bikeway Plan, Article 2, Operation of Bicycles, section 21-10, Riding on Sidewalks and Bike paths, as presented herein, including the addition of new subsection e), to be tabled, it was further moved that these matters be forwarded to the Bicycle Advisory Board; Councilwoman DiRocco would also like the survey results and emails forwarded. Councilwoman Kelleher will second the motion if the word “tabled” is changed to “deferred”, Councilman Lovelace agreed and the word tabled was changed to “deferred”.

Motion: Councilman Lovelace
Second: Councilwoman Kelleher
Carried unanimously – Poll vote

Voting Aye: Cole, DiRocco, Kelleher, Lovelace, Polychrones, Mayor Seeman.

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