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, March 17, 2014 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South Invocation: Rev. David Jordan-Haas, Vienna Presbyterian 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 2. Approval of the Minutes: Regular Council Meeting of February 24, 2014 and Work Session of February 10, 2014 It was moved for approval of the Minutes of the Regular Council Meeting of February 24, 2014 and Work Session of February 10, 2014. A motion was made by Council Member Polychrones, 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 3. Receipt of petitions and communications from the Public Ms. Suzanne Zolldan, 420 East St., NE addressed Council to present a proposal to mark the Town's 125th Anniversary. She would like to propose that the Town establish their own "LOVE"letters in the town of Vienna by 2015 to commemorate the anniversary. She would welcome the opportunity to head up a group and work with the Parks & Recreation Department or the Community Enhancement Commission to oversee the project. Invocation: Rev. David Jordan-Haas, Vienna Presbyterian Church 4. Reports/Presentations A. Report and Inquiries of Council Members Councilmember Cole reported on the wonderful 75th Anniversary Celebration at Louise Archer Elementary School. The school had a lot of special activities to celebrate its history as the first school in Fairfax County for African American children and to honor the vision of Mrs. Louise Archer who was the original teacher and principal at the school. Councilmember Springsteen reported that the Department of Public Works did a great job with the snow removal during this past snow storm. He also reported that he suggested to the Finance Director that they get some feedback on possibly putting Town of Vienna Page 1 Printed on 4/10/2014 Town Council Meeting Meeting Minutes March 17, 2014 the previous bill amount on the water bills so that people can see what they pay. Councilmember Kelleher reported that she had attended the Community Appearance Alliance Awards and the Town has received an award, jointly, with Fairfax County for the Wolftrop Creek Stream Restoration project. B. Report of the Town Manager Mr. Payton thanked the snow removal team for their efforts in snow removal. It has been an unusual winter and they do have some new ideas to help handle the snow in the future. Councilmember Cole mentioned the cancellation policy of the classes at the Community Center and thanked them for coming up with a more user friendly policy. C. Report of the Vice- Mayor Vice-Mayor Sienicki reported that there was a resolution from the McLean Citizens Association for Mayor M. Jane Seeman. They had fabulous things to say about what she had done for the organization as well as the Town, it was a wonderful tribute to her. Vice-Mayor Sienicki also presented a Proclamation for Local Government Education Week. 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 first Closed Session convened this date, Monday, March 17, 2014, the Town Council met for purposes of discussion of personnel matters, specifically the interviewing of individuals for consideration of appointment and/or 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 is authorized to execute the Certification Resolution. It was further moved that the Closed Session be continued to later this date, Monday, March 17, 2014 at the conclusion of the Regular Council Meeting in accordance with Virginia Code Section 2.2-3711A(1), for purposes of discussion of personnel matters, specifically the annual reviews of the Town Attorney and the Town Clerk and discussion of Town Council vacancies. A motion was made by Council Member Kelleher, seconded by Council Member DiRocco, that the closed session 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 E. Closed Session It was moved that Roy Baldwin be re-appointed to the Board of Architectural Review for a two year term. Said term shall be in effect retroactively from February 5, 2014 Town of Vienna Page 2 Printed on 4/10/2014 Town Council Meeting Meeting Minutes March 17, 2014 through February 5, 2016. It was further moved that Sylvia Taylor be appointed as Town Representative to Historic Vienna, Inc., for a two year term of office effective March 17, 2014 and expiring March 17, 2016. Motion: Councilmember Kelleher Second: Councilmember DiRocco Carried Unanimously It was moved that Stephen Kenney be re-appointed to the Planning Commission for a two year term of office, said term shall begin on March 19, 2014 and expire March 19, 2016. Councilmember Kelleher Second: Councilmember Cole Carried Unanimously E. Closed Session Aye: 6- Council Member Cole, Council Member DiRocco, Council Member Kelleher, Council Member Polychrones, Vice Mayor Sienicki and Council Member Springsteen 5. Public Hearings Public Hearing to consider a request to renew Qwest Communications/dba Centurylink communications facilities franchise agreement ordinance. Vice-Mayor Sienicki called the Public Hearing to order at 8:17 p.m. The roll was called and all members were present. Mr. Briglia explained that Qwest currently has a communication franchise that he would call a "pass through"franchise license agreement with the Town to have their facilities located in the right of way required by Virginia statute. In the Town Code to have a franchise agreement with the Town if they are going to use our right of ways and they do. It was originally a 20 year franchise agreement that was done in 1993. At that time it was basically a negotiated agreement. In the mid 90's the General Assembly as well as Congress adopted regulations and statutes governing local regulations regarding the use of the right of ways for telecommunication companies. In light of that the prior Town Attorney had drafted a form agreement for pass through licenses which we have had several other carriers execute. The proposed franchise agreement is really a pass through license agreement which is set for five years for reasons of convenience and more frequent review. The General Assembly sets the payment rate for the use of the right of way on a linear foot to be incorporated by reference in our agreement to the State Code. It is a multiplier of $1 per linear foot by another number in another section which is based on a mileage rate that VDOT can change year to year; it hasn't changed since 2002. There are really no updates, there is bond requirements and road cuts for Qwest if they need to do any further improvements or installation of facilities. His understanding is Qwest does not have any plans to enlarge their facilities and they do not serve any customers within the Town's limits. Councilmember Cole asked Mr. Briglia if VDOT owned our roads would this agreement and revenue be between Qwest and VDOT or would it still go to the Town of Vienna Page 3 Printed on 4/10/2014 Town Council Meeting Meeting Minutes March 17, 2014 locality. Mr. Briglia stated if it was a County then it would go to the State. No one from the public came forward to speak. It was moved to close the Public Hearing at 8:20 p.m. Motion: Councilmember Polycrhones Second: Councilmember Cole Carried unanimously- Poll vote It was moved to approve the proposed Qwest Communications/dba Centurylink "pass-through"telecommunications facilities franchise ordinance. Motion: Councilmember Cole Second: Councilmember DiRocco Carried Unanimously 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 6. Regular Business a. Proposed amendments to the Code of the Town of Vienna, Chapter 18, Zoning, Article 2, Section 18-4 adding new definitions, and adding a new article 13.1 MAC: Maple Avenue Commercial Zone Regulations. It was moved that the proposed ordinance (1) to amend the Code of the Town of Vienna, Chapter 18, Zoning, Article 2, Section 18-4, Definitions, adding new definitions, and (2) adding a new Article 13.1, MAC: Maple Avenue Commercial Zone Regulations, be referred to the Planning Commission for public hearing and recommendations to the Vienna Town Council. 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 b. Request for an increase in the Maple Avenue commercial corridor zoning code contract. It was moved to increase the contract with Lardner/Klein Landscape Architects under RFP 12-06 for $8,000 from account number 10811-43101. A motion was made by Council Member Polychrones, 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 c. Request to approve AT&T proposed collocation at Town of Vienna Tapawingo Water Tank lease agreement. Town of Vienna Page 4 Printed on 4/10/2014 Town Council Meeting Meeting Minutes March 17, 2014 It was moved for the approval of the proposed Deed of Lease - Tapawingo/Frederick Street (SW) Water Tower and between AT&T (doing business as New Cingular Wireless PCS, LLC) and the Town of Vienna, with such approval conditioned upon AT&T obtaining all necessary zoning, conditional use permit and Board of Architectural Review approvals. 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 d. Request to set date for Public Hearing on a proposed ordinance to amend the Vienna Town Code, Chapter 18, requiring minimum tree canopy requirements for the single-family detached residential zones. It was moved to set a public hearing on April 7, 2014 for the consideration of a proposed ordinance to amend the Town Code, Chapter 18, Zoning, Article 25, Site Plan Control Provisions, Section 18-251, where Applicable and Section 18-252, Site Plan Specifications (more specifically the addition of minimum tree canopy requirements for the single-family detached residential zones). It was further move that the Town Clerk be directed to advertise Notices of Public Hearing. 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 e. Request to accept Wade Hampton Drive sidewalk easements. It was moved to accept the easements at 402 Maple Avenue West for the proposed sidewalk project. It was further moved to authorize the Vice-Mayor to execute the documents and send a letter of thanks to the property owner. A motion was made by Council Member Polychrones, 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 f. Request to award Beulah Road Phase II sidewalk design contract. It was moved to defer this item to the Council meeting of April 7, 2014 so that Council can take a look at the area. A motion was made by Council Member Springsteen, seconded by Council Member Polychrones, that the Action Item be deferred. The motion carried by the following vote: Aye: 5- Council Member DiRocco, Council Member Kelleher, Council Member Polychrones, Vice Mayor Sienicki and Council Member Springsteen Nay: 1- Council Member Cole g. Request to award emergency sewer repair contract, Vienna Shopping Center. Town of Vienna Page 5 Printed on 4/10/2014 Town Council Meeting Meeting Minutes March 17, 2014 It was moved to award a $45,000 sanitary sewer repair contract to Sagres Construction based upon Arlington County contract 522-13 from account 200541-48803. A motion was made by Council Member Cole, 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 h. Request to set Public Hearing date for FY 2014-2015 Budget. It was moved to set the Public Hearing date for the Fiscal Year 2014-2015 Budget on April 7, 2014. It was further moved for the Town Clerk to be directed to advertise the notice of Public Hearing for April 7, 2014. A motion was made by Council Member Kelleher, seconded by Council Member Polychrones, 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 i. Request to set date for Public Hearing for FY 2014-2015 Water and Sewer rates. It was moved to set the Public Hearing date for the Fiscal Year 2014-2015 Vienna Water and Sewer Rates on April 28, 2014. It was further moved for the Town Clerk to be directed to advertise the notice of Public Hearing for April 28, 2014. A motion was made by Council Member DiRocco, seconded by Council Member Polychrones, 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 j. Request to set date of Public Hearing for FY 2014-2015 Real Estate Tax rate. It was moved to set the Public Hearing date on the Fiscal Year 2014-2015 Vienna Real Estate Tax Rate for April 28, 2014. It was further moved for the Town Clerk to be directed to advertise the notice of Public Hearing for April 28, 2014. A motion was made by Council Member Kelleher, seconded by Council Member Polychrones, 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 k. Request to approve supplemental legal fees for services rendered. It was moved to approve the payment of $11,322.50 to Briglia Hundley, P.C. for supplemental legal services from account number 10221-43114, Supplemental Legal Services Reserve. Town of Vienna Page 6 Printed on 4/10/2014 Town Council Meeting Meeting Minutes March 17, 2014 A motion was made by Council Member Cole, seconded by Council Member Springsteen, 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 7. Meeting Recessed to Closed Session Meeting was recessed into Exectutive Closed Session at 9:02 p.m. E. Closed Session It was moved that the members of the Vienna Town Council be polled to affirm that during the second Closed Session convened this date, Monday, March 17, 2014, the Town Council met for purposes of discussion of personnel matters, specifically the conducting of the annual reviews of the Town Attorney and the Town Clerk. Also discussed were Council vacancies. 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, March 24, 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. A motion was made by Council Member Kelleher, seconded by Council Member Cole, that the 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 8. Meeting Adjournment Meeting adjourned at 10:48 p.m. Signed/Date:_________________________ _________________________________ Carey J. Sienicki, Mayor Pro Tempore Attest: ________________________________ Melanie J. Clark, Town Clerk Town of Vienna Page 7 Printed on 4/10/2014 Town Council Meeting Meeting Minutes March 17, 2014 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 8 Printed on 4/10/2014