Town Council Meeting

Charles A. Robinson Jr. Town Town of Vienna Hall 127 Center Street South Vienna VA, 22180 Meeting Minutes Town Council Meeting Monday, January 27, 2014 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South Invocation: Reverend Johnny Kurcina of Christ Church Vienna. Present: 6- Council Member Laurie Genevro Cole, Council Member Laurie A. DiRocco, Council Member Edythe Frankel Kelleher, Council Member Michael J. Polychrones, Vice Mayor Carey J. Sienicki and Council Member Howard J. Springsteen Absent: 1- Mayor M. Jane Seeman Pledge of Allegiance to the Flag of the United States of America 1. Roll Call Present: 6- Council Member Laurie Genevro Cole, Council Member Laurie A. DiRocco, Council Member Edythe Frankel Kelleher, Council Member Michael J. Polychrones, Vice Mayor Carey J. Sienicki and Council Member Howard J. Springsteen Absent: 1- Mayor M. Jane Seeman 2. Approval of the Minutes: Regular Meeting of January 6, 2014 and the Work Sessions of December 16, 2013, January 6, 2014 and January 13, 2014. It was moved for approval of the minutes as submitted with some minor changes. A motion was made by Council Member Cole, seconded by Council Member DiRocco, that the minutes be approved. The motion carried unanimously. Aye: 6- Council Member Cole, Council Member DiRocco, Council Member Kelleher, Council Member Polychrones, Vice Mayor Sienicki and Council Member Springsteen Absent: 1- Mayor Seeman 3. Receipt of petitions and communications from the Public Local Boy Scouts introduced themselves to Council, they are working on their Citizenship in the Community Merit Badge. 4. Reports/Presentations A. Report and Inquiries of Council Members Councilmember DiRocco reported that s the Hunter Mill District Budget Committee is forming again which is a committee of about 10 citizens that Supervisor Cathy Hudgins appoints to provide input about the budget cycle. The first meeting will be held on January 29, 2014 at 7:30 p.m. at the Lake Ann facility in Reston. Also, Supervisor Hudgins is changing things up a bit this year as she is not going to do separate meetings in Reston and Vienna, she is going to do one large meeting on March 1st at Frying Pan Park. Town of Vienna Page 1 Printed on 2/4/2014 Town Council Meeting Meeting Minutes January 27, 2014 Councilmember DiRocco inquired about the noise complaint that they have received about 540 Maple Avenue West. Mr. Payton reported that the Director of Planning & Zoning, Greg Hembree was having a team go out there and take some readings and will report back. Councilmember Cole reported that she and Councilmember DiRocco met with Dan Rathbone of the Fairfax County Department of Transportation and representatives from PB Consulting regarding the Tysons Corner project. They were presenting the results of their neighborhood traffic improvement assessment for three intersections in the Town of Vienna for what they proposed as ways to increase traffic flow that will result from the Tysons Development. Matt Flis of Planning & Zoning and Michael Gallagher of Department of Public Works were also at the meeting and they will be preparing a report. They will address the report in a Council Work session once it is completed. Councilmember Kelleher reported that she attended the Board of Supervisors legislative sub-committee meeting and there were several items that have been introduced in Richmond that the County is following. There are some proposals to set maximums and limits with BPOL taxes, some proposals regarding the line of duty benefit, something that removes the presumption of validity of zoning laws so localities would be paying attorneys fees in any cases that were lost and then there is something that our own Senator Chap Petersen that has introduced that has caused quite a bit of confusion that is supposed to address the Byler vs. VEPCO case that is about quiet and peaceful enjoyment of property and if you interfere with that you have created damages under eminent domain and have to pay, there is some concern with this. Councilmember Springsteen stated that he was surprised to see the cost of the possible bridge replacement at the Freeman Store at $100,000 which will be another challenge and doesn't think the Park Authority will pay for it. Steve Briglia, Town Attorney stated that it was his understanding that the bridge from the trail to the Freeman Store is built on Town property and not a project of the Park Authority but they are still looking into it. They have not addressed it with the Park Authority yet to see if they are interested in sharing the construction of it. They have received some pretty expensive estimates, there are some architectural features to the existing bridge that are not safe and will need some repairs if not rebuilt. It is his understanding that it is the Town's obligation to maintain the bridge. Councilmember Sienicki offered best wishes to Mayor Seeman. She also thanked all the Town personnel that have been assisting with all the efforts with the inclement weather, from the 40 degree weather shifts to the snow removal. Councilmember Sienicki also reported that there is a Planning Commission work session agenda for Wednesday January 29, 2014 and the speaker will include the Director of Transportation for Arlington County and a Transportation expert and Town resident from Kittelson & Associates, a major transportation planning firm. It is intended to be an information gathering opportunity. Councilmember Sienicki also reported that at the Transportation Safety Commission meeting on the 28th they will be discussing a mini roundabout at the intersection of Park St. & Locust Street. Councilmember Sienicki also reported that on Thursday, January 30, 2014 at Oakton High School, there will be and I66 Corridor improvement study presentation and on Saturday February 1, 2014 there will be a Town a Town Hall meeting in the Council Town of Vienna Page 2 Printed on 2/4/2014 Town Council Meeting Meeting Minutes January 27, 2014 Chambers with Senator Chap Petersen and Delegate Mark Keam. B. Report of the Town Manager Mr. Payton reported that the Town has received a letter from the Shepherd Center thanking Cathy Salgado, Director of Parks & Recreation for the Holiday Senior Social that was held at the Community Center. Over a hundred seniors attended the dinner even though it was cold and rainy that evening. They are very appreciative of the partnership between the Shepherd Center and the Vienna Community Center. C. Report of the Mayor None D. Proposals for Additional Items to the Agenda No additional items added. E. Closed Session It was moved that the members of the Vienna Town Council be polled to affirm that during the first Closed Session convened this date, Monday, January 27, 2014, the Town Council met for purposes of discussion of personnel matters, specifically the interviewing of individuals for consideration of 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 is authorized to execute the Certification Resolution. It was further moved that the Closed Session be continued to, Monday, February 3, 2014 at 7:15 p.m. in accordance with Virginia Code Section 2.2-3711A(1), for purposes of discussion of personnel matters, specifically for the interviewing of individuals for consideration of appointment and/or reappointment to Town Boards and Commissions. Motion: Councilmember Kelleher Second: Councilmember Polychrones Motion Carried unanimously - Poll vote It was moved that Linda Colbert be re-appointed to the Transportation Safety Commission for a two year term, said term shall be in effect from January 9, 2014 through January 9, 2016. Motion: Councilmember Kelleher Second: Councilmember Polycrhones Motion Carried unanimously - No poll vote A motion was made by Council Member Edythe Frankel Kelleher, seconded by Council Member Michael J. Polychrones, that motion be approved.. The motion carried by the following vote: Aye: 6- Council Member Cole, Council Member DiRocco, Council Member Kelleher, Council Member Polychrones, Vice Mayor Sienicki and Council Member Springsteen Absent: 1- Mayor Seeman Town of Vienna Page 3 Printed on 2/4/2014 Town Council Meeting Meeting Minutes January 27, 2014 5. Public Hearings B. Public hearing for Alley Vacation at 114 Ayr Hill Avenue NW. The Public hearing for the Alley Vacation at 114 Ayr Hill Road was called to order by Vice-Mayor Sienicki at 8:19 p.m., roll was called and all members of Council were present. Dennis Johnson, Director of Public Works explained that this is a request to vacate the alley immediately adjacent to the alley that was vacated one year ago. The owner directly opposite, Mrs. Marcavich, has sent a letter stating that she does not want the alley, therefore, the request is for the full 15' width along the frontage of the Bordelon property at 114 Ayr Hill Road. Public Works supports this because there are no plans to use this for any public use and they suggest that Council value it using the value of the study from last year. No one from the public came forward to speak. It was moved to close the public hearing at 8:20 p.m. Motion: Councilmember Polychrones Second: Councilmember DiRocco Motion carried unanimously - Poll vote It was further moved to adopt the ordinance to vacate the portion of the public alley adjacent to 114 Ayr Hill Avenue NW and accept payment of $2250.00 from Francis Bordelon for the vacated portion and authorize the Mayor to execute said document. Mr. Briglia offered a suggestion to the motion just in case Mayor Seeman is not able to come in and execute the document that the motion read Mayor or Vice-Mayor to execute. The other suggestion is that they condition the motion on an execution and consolidation plat. They had suggested it to the applicant that they do this at the same time so that it cleans up a zoning anomaly. Councilmember Cole asked if they should also make the motion to address both Francis and Gretchen Bordelon. Mr. Briglia stated yes, both owners are the applicant. Councilmember Polychrones accepted all friendly amendments. Amended motion to read: It was moved to adopt the ordinance to vacate the portion of the public alley adjacent to 114 Ayr Hill Avenue NW and accept payment of $2250.00 from Francis and Gretchen Bordelon for the vacated portion with the condition that there be an execution of a consolidation plat and to authorize the Mayor or Vice-Mayor to execute said ordinance and document. A motion was made by Council Member Polychrones, seconded by Council Member Kelleher, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Cole, Council Member DiRocco, Council Member Kelleher, Council Member Polychrones, Vice Mayor Sienicki and Council Member Springsteen Absent: 1- Mayor Seeman A. Public hearing for alley vacation at 210 Center Street North. Town of Vienna Page 4 Printed on 2/4/2014 Town Council Meeting Meeting Minutes January 27, 2014 The Public hearing for the Alley Vacation at 210 Center Street North. was called to order by Vice-Mayor Sienicki at 8:23 p.m., roll was called and all members of Council were present. Dennis Johnson, Director of Public Works, explained that this is the same alley just down hill, the address of the home is on Center Street North but the alley is really the one between Wilmar and Ayr HIll. It is essentially the same alley vacation request with a few complications. One is that there are two properties in between the vacated portion and this portion and the Town would not have the legal right if there was a problem on the piece of the remaining alley. The offer is conditional upon granting an access easement across the vacated area until the other section of alley is vacated. The other complicated factor is that when he wrote the report there was only one applicant so they wrote it so that it could be a full vacation or half alley vacation and since that time the neighbor, Mark Pelligrino, on the other side of the alley, has put in an application to vacate his half of the alley. It is at Council's prerogative either or, they can mix and match and he suggests again the same valuation and should be vacated. He does not believe there are any public uses for the alley and it should be vacated. Councilmember Polychrones asked Mr. Johnson to expand is and/or. Mr. Johnson stated that Council can vacate the full alley to the 210 Center Street or they can vacate just half the alley, one half to 210 Center Street and the other half to Mr. Pelligrino at 101 Wilmar so it would be split down the center or any other action Council wants. Councilmember Polychrones asked if all parties know that the Town is not giving this away and that the cost will be based on the valuation. Mr. Johnson stated that Mrs. Kaplan knows but was not sure about Mr. Pelligrino, he spoke with him but he was a last minute addition and there is no plat for him so he may not be fully aware. Mr. Briglia stated that the reason the Kaplan's and the Strimels submitted an either or application is because when they engaged in staff discussions with them there was the possibility that the neighbor Mr. Pelligrino may want to buy it so they encouraged the Kaplan's and the Strimel's to contact their neighbor so if they had interest they would come to Council and ask for vacation and the Pelligrino's did. Mr. Briglia suggested that instead of holding the Kaplan's up that Council can vacate the half portion and if for some reason the Pelligrino's decide they don't want to do it they can still vacate the other half to Kaplan's. The Kaplan's/Strimels are ok with that as they want to go forward with at least the half if Council is willing . The Pelligrino's application just came in so it still has to be processed and reviewed. Councilmember Sienicki asked if they allow half to be vacated is it conditional on the Pelligrino's, will the Strimel's have to go through the same process again if the Pelligrino's decide not to buy the other half. Mr. Briglia stated that if the Pelligrino's decided they didn't want it, Council can put it back on the agenda to consider the other portion. It has already been advertised and they have held the public hearing so they can consider their request to purchase the other half. Mr. Pelligrino 101 Wilmar place stated they did talk about splitting it but didn't know there was application in and that is why his just now came in. He is fine if they just do the half and he will do whatever paperwork has to be done for him to get his half. Councilmember Kelleher asked Mr. Pelligrino if he is aware that the cost of the property itself was $1125.00. Mr. Pelligrino stated he was aware. Ms. Jenny Strimel, 210 Center Street stated that they are happy to take the half and Mr. Pelligrino take the other half. They just submitted paper work for the whole just in case he ended up not wanting it but now that he has submitted his application they Town of Vienna Page 5 Printed on 2/4/2014 Town Council Meeting Meeting Minutes January 27, 2014 are happy with taking the half. It was moved to close the Public Hearing at 8:31 p.m. Motion: Councilmember Cole Second: Councilmember DiRocco Carried Unanimously- Poll Vote It was moved to adopt the ordinance to vacate the half 7.5' wide public alley adjacent to 210 Center Street North, accept payment of $1125.00 from Mr. Kaplan and Ms. Strimmel for the vacated portion, accept the temporary access easment and authorize the Mayor or Vice-Mayor to execute the necessary documents and on the condition that the propery owners apply all the necessary deed of consolidation. A motion was made by Council Member Cole, seconded by Council Member DiRocco, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Cole, Council Member DiRocco, Council Member Kelleher, Council Member Polychrones, Vice Mayor Sienicki and Council Member Springsteen Absent: 1- Mayor Seeman 6. Regular Business A. Request to award Meadow Lane SW and Gibson Drive SW drainage improvement contract to American Contractors, Inc. It was moved to award IFB #1417 Meadow Lane SW and Gibson Dr. SW drainage improvement project to American Contractor's Inc. for $198,066 from account #200451-48803. A motion was made by Council Member Springsteen, seconded by Council Member Kelleher, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Cole, Council Member DiRocco, Council Member Kelleher, Council Member Polychrones, Vice Mayor Sienicki and Council Member Springsteen Absent: 1- Mayor Seeman B. Request to award Maple Avenue Service Drive sidewalk construction contract to Sagres Construction Corporation. It was moved to award IFB 1418 Maple Avenue Service Dr. sidewalk construction to Sagres Construction Corporation in the amount of $121,564.00 from account #200440-48803 A motion was made by Council Member Cole, seconded by Council Member DiRocco, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Cole, Council Member DiRocco, Council Member Kelleher, Council Member Polychrones, Vice Mayor Sienicki and Council Member Springsteen Absent: 1- Mayor Seeman C. Request to purchase 1100 tons of road deicing salt from International Salt Town of Vienna Page 6 Printed on 2/4/2014 Town Council Meeting Meeting Minutes January 27, 2014 Company, LLC. It was moved to approve purchasing of 1,100 tons of road deicing salt from International Salt Company, Montgomery County contract #IFB 1035056 in the amount of $59,048.00 from account #10431-46015. A motion was made by Council Member Springsteen, seconded by Council Member Kelleher, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Cole, Council Member DiRocco, Council Member Kelleher, Council Member Polychrones, Vice Mayor Sienicki and Council Member Springsteen Absent: 1- Mayor Seeman D. Request for procurement of additional Audio/Video equipment for the Council Chambers. It was moved for the approval for the purchase of additional Audio Video equipment as per pricing referenced in RFP-06 between the Town of Vienna and Human Circuit at a total cost, not to exceed (NTE) $ 12,328.21 from account #10915-48719. A motion was made by Council Member Kelleher, seconded by Council Member DiRocco, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Cole, Council Member DiRocco, Council Member Kelleher, Council Member Polychrones, Vice Mayor Sienicki and Council Member Springsteen Absent: 1- Mayor Seeman 7. Meeting Adjournment It was moved to adjourn the meeting at 8:41 p.m. A motion was made by Council Member Springsteen, seconded by Council Member Kelleher, that the meeting be adjourned. The motion carried by a unanimous vote. Aye: 6- Council Member Cole, Council Member DiRocco, Council Member Kelleher, Council Member Polychrones, Vice Mayor Sienicki and Council Member Springsteen Absent: 1- Mayor Seeman THE TOWN OF VIENNA IS COMMITTED TO FULL COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT STANDARDS. TRANSLATION SERVICES, ASSISTANCE OR ACCOMMODATION REQUESTS FROM PERSONS WITH DISABILITIES ARE TO BE REQUESTED NOT LESS THAN 3 WORKING DAYS BEFORE THE DAY OF THE EVENT. PLEASE CALL (703) 255-6304, OR 711 VIRGINIA RELAY SERVICE FOR THE HEARING IMPAIRED. THE TOWN OF VIENNA IS COMMITTED TO FULL COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT STANDARDS. TRANSLATION SERVICES, ASSISTANCE OR ACCOMMODATION REQUESTS FROM PERSONS WITH DISABILITIES ARE TO BE REQUESTED NOT LESS THAN 3 WORKING DAYS BEFORE THE DAY OF THE EVENT. PLEASE CALL (703) 255-6304, OR 711 VIRGINIA RELAY SERVICE FOR THE HEARING IMPAIRED. Town of Vienna Page 7 Printed on 2/4/2014