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, February 3, 2014 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South Regular Meeting Invocation: Reverend Ray Brill, Wesley United Methodist Church 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 27, 2014. A motion was made by Council Member DiRocco, seconded by Council Member Cole, that the minutes 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 3. Receipt of petitions and communications from the Public A local Boy Scout from Troop 987 introduced himself to Council, he is working on his Citizenship in the Community Merit Badge. Mrs. Melanie Meren, 710 Kingsley Road addressed Council to request a review and an update of the Town's noise ordinance. She believes a review to decrease the allowable hours of construction being allowed is in order for them to continue to enjoy the peace and tranquility that they used to have in the Town of Vienna. She further explained why she believes that the current noise ordinance does not allow for them to have a peaceful community. She then shared a few examples of how her families life has been impacted living next to a construction site. She also raised a few issues on public safety that she believes are related. She submitted a her letter to the Clerk to distribute to Council outlining her concerns. She would like Council to please consider decreasing the amount of allowable hours, perhaps starting later and ending earlier with a longer break in the middle. 4. Reports/Presentations A. Community Enhancement Commission Holiday Awards Ms. Joanne Burke of the Community Enhancement Commission and Vice-Mayor Town of Vienna Page 1 Printed on 3/4/2014 Town Council Meeting Meeting Minutes February 3, 2014 Sienicki presented the 2013 Holiday Awards. A. Report and Inquiries of Council Members Councilmember DiRocco reported that many of the Councilmembers including herself will be heading down to Richmond on February 6th for Legislative Day. Virginia is a Dillon Rule state, therefore, localities only have the authority that is expressly given to them by the State Legislature which makes if very important that the Councilmmebers talk with the State Legislators and provide their input and advocate for the Town. Councilmember Kelleher thanked the Town staff for doing such a great job with broadcasting the Town Hall meeting with Senator Chap Petersen and Delegate Mark Keam, it was very nice and she knows that some people had watched it. Councilmember Springsteen reported that a resident approached him regarding the sidewalk on Kinglsey Street across from Vienna Woods and ask Mr. Johnson what the status was on the sidewalk. Mr. Johnson reported that it is one of the projects that was approved with the Walk to Metro Grant but it is lower down on the list, they are trying to get Cottage Street going right now. Councilmember Springsteen also stated that he is concerned about all the big items coming up on the budget and the tax rate. He asked when we could expect the tax rate from the County. Mr. Payton stated they would most likely get the real estate assessment from the County within the next couple of weeks. He was in a meeting with County Executive, Ed Long and he expressed some information on the real estate assessment that is helpful to us internally but he thinks the official numbers will come from his office to Ms. Spence within the next couple of weeks. Ms. Spence stated that they receive unofficial numbers from Fairfax County for the town wide properties and they will be coming in the next week or so and then they will receive official numbers, clarification of those, over the next month and then they will receive the actual land book in several months which will include everyones individual assessment. Councilmember Springsteen is concerned about the tax rate. Councilmember Cole reported a concern that was brought to her attention regarding classes at the Community Center and the fact that morning classes are cancelled when Fairfax County Schools are open two hours late. She tried to give a response for the rational behind that but her response was apparantley not adequate , this person felt for the adult classes in particular people should be able to determine whether it was safe to travel to classes by their own judgment. She would like Parks and Recreation staff to provide a brief explanation of why that happens. Ms. Salgado, Director of Parks and Recreation stated that typically when they have cancellations they are following Fairfax County public schools as do other jurisdictions in the area. This has been a topic over the years with all the other Directors in other jurisdictions when we have had heavy snow. What they have found is that they get an even number of people that will not want to come to class because they perceive that it is too slippery out and if school is going to be two hours late then they should not be out and then they have the situation where half the class wants to come and the other doesn't. They have been dealing with this situation for many years so they came to the conclusion that in order to make it less confusing where one class meets and another class might not, they made a universal policy that covers everything. They do leave the facility open for the free programs that are not instructor led. Mr. Briglia, Town Attorney, responded to a question that Councilmember Kelleher had regarding Senate bill 665 which is an Eminent Domain Damages bill that Senator Petersen had introduced. The bill would create a separate class of Town of Vienna Page 2 Printed on 3/4/2014 Town Council Meeting Meeting Minutes February 3, 2014 compensation to property owners and eminent domain condemnation cases where quiet enjoyment and peaceful enjoyment of the property is damaged in addition to the loss of the fee simple in a utility right of way acquisition or a roadway improvement acquisition that the town or city or VDOT would take, the property owner, under the bill, could claim that if utility lines go up that it impacts their property too for peaceful enjoyment. In the case of Byler vs. Vepco about a year and a half ago, the Supreme Court said that is not the type of damages that Virginia has ever recognized in condemation and eminent domain cases; this bill would have said well it is now which would be adverse to localities. This bill was tabled and continued on to the 2015 General Assembly session. The bill is still alive but continued to the next session. There is a nother bill also introduced by Senator Petersen, Senate Bill 666, that would expand when Attorney's fees are awardable as well as cost in eminent domain, condemnation, proceedings. In the cureent law it is discretionary and doesn't include attorney's fees. Councilmember Sienicki thanked the Town residents, traffic specialist Doug Noble and Mr. Nevers for their presentation to the Planning Commission and for inviting Mr. Dennis Leach to offer some insight on tranpsort ideas, it was a very nice session. She also reported that at the I66 Corridor improvement study that was held last week they acknowledge that they have received 19 requests for information which is available to view on the VDOT website. It is addressing interchanges, multi modal options as well as safety and operations concerns. They are moving from tier 1 to tier 2 on that planning. B. Report of the Town Manager Mr. Payton reported that they will be re-broadcasting the Town Hall meeting with Senator Petersen and Mark Keam. It will be televised on February 4th at 6:30p.m. and again on Wednesday February 5th at 10:00 a.m. and 9:00 p.m. on Cox channel 27 and Verizon Fios channel 38. The times are available on the Town's website and on Facebook. C. Report of the Mayor None D. Proposals for Additional Items to the Agenda E. Closed Session It was moved that the members of the Vienna Town Council be polled to affirm that during the Closed Session convened this date, Monday, February 3, 2014, the own 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 10, 2014 at 7:15 p.m. in accordance with Virginia Code Section 2.2-3711A(1), for purposes of discussion of personnel matters, specifically the interviewing of individuals for consideration of appointment and /or reappointment to Town Boards and Commissions. Town of Vienna Page 3 Printed on 3/4/2014 Town Council Meeting Meeting Minutes February 3, 2014 Motion: Councilmember Kelleher Second: Councilmember DiRocco Carried Unanimously- Poll Vote It was moved to accept the resignation of Jessica Hurst from the Community Enhancement Commission effective immediately. Motion: Councilmember Kelleher Second: Councilmember DiRocco Carried Unanimously - No poll vote It was moved that Desiree Di Mauro be appointed to the Community Enhancement Commission to complete the unexpired term of Jessica Hurst. Said term shall be in effect from February 3, 2014 to November 20, 2014. Motion: Councilmember Kelleher Second: Councilmember DiRocco Carried Unanimously - No poll vote A motion was made by Council Member Kelleher, seconded by Council Member DiRocco, that the 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 5. Public Hearings 6. Regular Business A. Request to award RFP 14-02 Citizen Survey to ETC Institute. It was moved to award RFP 14-02 Citizen Survey to ETC Institute in the amount of $12,000 from accout #10215-43308. A motion was made by Council Member Springsteen, 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 B. Request to support the development of a community learning garden. It was moved to allow the Parks and Recreation Department, working with volunteer groups, to develop a community learning garden on the site of the existing Vienna Elementary School Garden. A motion was made by Council Member DiRocco, seconded by Council Member Cole, that the Action Item be approved. The motion carried by the following vote: Town of Vienna Page 4 Printed on 3/4/2014 Town Council Meeting Meeting Minutes February 3, 2014 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 approve Memorandum of Understanding between the Town Of Vienna and the Rotary Club of Vienna for the construction of the Town Green stage roof. It was moved to approve the Memorandum of Understanding between the Rotary Club of Vienna and the Town. It was further moved that the Mayor or Vice-Mayor be authorized to execute said agreement. A motion was made by Council Member Springsteen, 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 D. Request to approve NVRPA trail connection permission letters. It was moved to approve the NVRPA Letters of Permission for the Tapawingo and Electric Avenue trail connections and authorize the Mayor or Vice-Mayor to sign. A motion was made by Council Member Kelleher, seconded by Council Member Cole, 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 E. HB2313 transportation: Northern Virginia Transportation Authority, Fairfax County, and Vienna memorandum of agreement. It was moved to approve the Memorandum of Agreement between NVTA, County of Fairfax, and Town of Vienna for HB2313 Transportation 30% monies based pon Town Attorney's final approval of final version assuming no substantive change. Motion: Councilmember DiRocco Second: Councilmember Cole Carried Unanimous - Poll vote It was further moved to authorize the Mayor or Vice-Mayor to sign the Memorandum of Agreement between NVTA, County of Fairfax and Town of Vienna for HB2313 Transportation 30% monies. Motion: Councilmember DiRocco Second: Councilmember Cole Carried Unanimously- No poll vote Town of Vienna Page 5 Printed on 3/4/2014 Town Council Meeting Meeting Minutes February 3, 2014 A motion was made by Council Member DiRocco, seconded by Council Member Cole, 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 F. Accept Resignation Of Jessica Hurst From The Community Enhancement Commission. This item was heard during the Closed Session report. 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 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. 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 6 Printed on 3/4/2014