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 2, 2015 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South Regular Council Meeting Invocation: The Reverend Corky Eddins, Christ Church Vienna Pledge of Allegiance to the Flag of the United States of America 1. Roll Call Present: 7- Council Member Emil Attanasi, Council Member Linda Colbert, Council Member Edythe Frankel Kelleher, Council Member Pasha Majdi, Council Member Carey J. Sienicki, Council Member Howard J. Springsteen and Mayor Laurie DiRocco 2. Approval of the Minutes: There were no minutes for approval. 3. Receipt of petitions and communications from the Public Local Boy Scouts from Troop 828, 152 and Troop 987 introduced themselves to Council, they are working on their Communications and Citizenship in the Community Merit Badge. 4. Reports/Presentations A. Report and Inquiries of Council Members Councilmember Kelleher reported that she attended the Northern Virginia Building Industry Associations Presidents Ball and they have a Town resident named Mark Stahl who was honored as the NVBIA 2014 Custom Home Builder of the Year. She requested that the Mayor send him a letter of congratulations on behalf of the Council for that honor. Councilmember Colbert reported that the Vienna Theater Company is having a show called "Be My Baby," it is a really cute romantic comedy and recommends it, they have one more weekend. Councilmember Colbert also reported that she attended the Relay for Life Kick-off event at Jammin Java, the main event will be held on May 30th at George Mason High School in Falls Church. Councilmember Sienicki thanked the Town Attorney, Steve Briglia for taking the time and representing the Town of Vienna during Legislative Day, as well as another day, to promote some legislation that was being sponsored by Senator Chap Petersen and Delegate Mark Keam. We did not necessarily get everything we asked for but she thanked him for representing the Town well. It was wonderful to be down in Town of Vienna Page 1 Printed on 3/25/2015 Town Council Meeting Meeting Minutes February 2, 2015 Richmond and see how the legislative process goes with VML. Councilmember Springsteen asked the Town Manager for an update on the water main break and he knows the Town has a $10,000 no fault liability insurance but thought it may be higher, so he would let them know exactly what it is. He thought the Town Manager did a very good job on T.V. He knows that it is always difficult with these water main breaks and asked what is the Town's liability with a break like that. Mr. Payton stated that when we have a water main break, in general that would occur at any point in the Town and there is damage to private property, the Town has Virginia Municipal League insurance that covers the Town. In those instances we get the information and provide it to VML, we have a $10,000 no fault coverage which means that if the Town is not at fault with regard to the cause of the water line damage, specifically for example, if a backhoe cut the line that would mean we caused the line to be damaged. By comparison to a normal water main break that could happen throughout the region that is an occurance due to a shift in ground or just things that are beyond our control the $10,000 no fault covers those instances where the Town is not liable in those instances. The Virginia Municipal League will make the determination if there is going to be any coverage beyond that. They are looking internally to find out from VML to see if the $10,000 amount can be raised. Councilmember Springsteen would like to know if there has been any thought into putting signs up stating "yield to pedestrians in crosswalks" on Maple Avenue in the center of the street. Dennis Johnson, Public Works Director stated that the pedestrian activated traffic light is operational. Police have been monitoring it and it seems to be doing its job, people are stopping. Councilmember Springsteen asked if there was any possibility of putting signs in like they have by the Community Center, Post Office and by the Freeman Store, they re-enforce people to stop. Mr. Johnson stated they will look into it but he doesn't think it's needed at this point because the observation by his staff and the Police is that it is working as designed, people are stopping like they should. Councilmember Springsteen announced that he is running for re-election for another two-year term. Councilmember Kelleher reported that on Saturday February 7th from 9:00 a.m.- 11:00 a.m., Senator Petersen and Delegate Keam will hold a meeting at the American Legion to discuss their legislative program and what is happening in the General Assembly this year. The meeting is open to the public and everyone is welcome, coffee and snacks will be provided. B. Report of the Town Manager Mr. Payton reported that the new Water & Sewer Superintendent, David Donahue has started and he asked the Director of Public Works to introduce him. C. Report of the Mayor Mayor DiRocco reported that they did go down to Richmond where they met with our State Senator and State Delegate to discuss items that are on the Town's legislative agenda. There were a number of things that were reviewed as Mr. Briglia tried to support the Town's interest and a couple times it worked well and sometimes it did not, but they appreciate his efforts. Sometimes its not a matter of us lobbying as much as its just how the Legislators are viewing at that time. There are some things like the "E Summons" that are moving forward and there are somethings that will not be moving foreard. She thinks it was productive to meet with them and continue the Town of Vienna Page 2 Printed on 3/25/2015 Town Council Meeting Meeting Minutes February 2, 2015 dialog. Mayor DiRocco also reported that on February 28th the Town of Vienna will celebrate its 125th Anniversary. The Town will be celebrating a number of activities with the help of Cathy Salgado, Parks & Recreation Director, and Historic Vienna Inc. Things will be going on from 12:00 p.m. to 3:00 p.m. to include a short re-enactment of the Town's incorporation, and there will be period food, games and other activities going on around the Town Green/Freeman Store. They welcome everyone to come out and enjoy the festivities. There will be other celebrations throughout the year. D. Proposals for Additional Items to the Agenda None 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, February 2, 2015, the Town Council met for purposes of discussion of personnel matters, specifically the interviewing of individuals for consideration of 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, February 2, 2015, 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 review of the Town Attorney. Motion: Councilmember Kelleher Second: Councilmember Attanasi Carried Unanimously It was moved that J. Leonard Ignatowski be re-appointed to the Transportation Safety Commission for a two year term of office. Said term shall be in effect from January 29, 2015 to January 29, 2017. A motion was made by Council Member Kelleher, seconded by Council Member Attanasi, that the motion be approved. The motion carried by the following vote: Aye: 7- Council Member Attanasi, Council Member Colbert, Council Member Kelleher, Council Member Majdi, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco 5. Public Hearings A. Public Hearing for Vacation of a Portion of Ninovan Road SE, east of Tapawingo Road and adjacent to 911 Ninovan Road SE. Mayor DiRocco called the Public Hearing to order at 8:27 p.m. The Town Clerk called the roll and all members of Council were present. Matthew Flis, Interim Director of Planning & Zoning explained that the applicant Town of Vienna Page 3 Printed on 3/25/2015 Town Council Meeting Meeting Minutes February 2, 2015 has submitted an application for the vacation of a portion of Ninovan Road, SE, east of Tapawingo Road. The subject area is approximately 7100 square feet, currently unapproved and dead ends into the adjacent property. It does currently provide access to the applicants properties which are located on both sides of the right of way through driveways. In 1999, for reference, a portion of the right of way beyond the portion under consideration, was also abandoned in conjunction with the Shady Drive subdivision. Portions of that right of way went to the subdivision and another portion went to the applicant. As such the right of way under discussion does not extend any further. The applicant is seeking the vacation in conjunction with an eight lot subdivision. On January 28th the Planning Commission considered the subdivision and recommended approval 6-0 of their request. They did indicated that the revised plans were significantly improved over the original design and they are very appreciative that the applicant was able to accommodate the comments that were provided by the Community as well as the Planning Commission. The revised design does show an extension of Ninovan with a cul-de-sac at the end. This new design eliminates the current non-conforming property which is 911 Nivnovan and it creates a cul-de-sac as required by the Town Code. Staff is recommending receiving public comment on this particular item; however, any Council action would wait until the consideration of the subdivision application since both items are linked together. At this point the subdivision is tentatively scheduled for the next Council Meeting on February 23rd, depending on the applicant submitting all the required materials. Mayor DiRocco asked if this vacation is dependent upon an approved subdivision. Mr. Briglia stated that is the recommendation of the staff that it not be vacated unless or until Council accepts the proposed subdivision. He was going to ask the Mayor and Council to incorporate, by reference, all the attachments to the agenda including the offer letter and the viewer's report, specifically, which is required by statute that the Council consider as part of this public hearing. It would be conditioned upon acceptance of the final approval of the subdivision. This is not a piece of property, it's an odd lot in terms of zoning definitions, you can't build on it on its own so it's not surplus property that you could sell off so it has to be incorporated as a part of either a subdivision or a lot line adjustment. Mayor DiRocco asked if it was correct that we only look at people that are abutting the property. Mr. Briglia stated that for this type of property the only eligible purchasers are people that are adjacent and in this case it is the applicant. Mayor DiRocco asked why we do that. Mr. Briglia stated that it is because when we vacate an odd lot we require that it become part of the bigger adjoining property so we remove the odd lot. Councilmember Colbert confirmed that in the Planning & Zoning report it states that even without selling the right of way to Mr. Sahni he could, by right, build 8 houses. Mr. Flis stated that was correct. Councilmember Colbert asked Mr. Flis to speak to what the configuration of that would be as opposed to the plan that has passed the Planning Commission, and the advantages to selling the right of way in this new plan. Mr. Flis stated that the alternative design that does not include the vacated right of way, would show a cul-de-sac entering from Tapawingo and Shahraam Court, SE, which is located on the other side, the lots would be accessed from there and Tapawingo. It would not improve the end of Ninovan, it would still remain a dead end without a cul-de-sac and the existing 911 Ninovan would remain non-conforming. In the current configuration the applicant is dedicating a new right-of-way for the extension of Ninovan and creating conforming lots along with a cul-de-sac which is required by the Town Code. Councilmember Springsteen confirmed that the new design has a cul-de-sac which will be much easier to turn around than the previous plan. Mr. Flis stated that was Town of Vienna Page 4 Printed on 3/25/2015 Town Council Meeting Meeting Minutes February 2, 2015 correct, the Planning Commission had major concerns on the previous plan which showed a hammerhead lot which would have required a waiver, so the applicant redesigned and removed that. Councilmember Springsteen also confirmed that the setbacks have changed with the new plan. Mr. Flis stated yes, several of the homes backing up to the adjacent homes to the south have been reconfigured so they have rear setbacks abutting rear setbacks for two of the lots and one of the lots still has a side setback. Councilmember Attanasi asked if there were any other remaining issues that still have to be resolved. Mr. Flis stated there were a few minor, mostly technical issues from Public Works, mostly adjusting some numbers. Mr. John Delong, 904 Carole Court, addressed Council mainly to discuss process. The applicant has adjusted/amended his application which now includes the cul-de-sac that Mr. Flis described and they are happy with that, it met many of the suggestions that they had made. It was responsive and has come up with what he considers a better development for the Town. They addressed the Town on October 24, 2014 asking for this right of way that they view as a valuable asset in a sense that it provided green space, a reduction of the density of the housing in the area and it provides thoroughfare through neighborhoods. For many reasons it is a nice piece of green space to have behind the properties there and they proposed that it be negotiated with the applicant into a buffer strip. They were informed by Mr. Briglia that it wasn't possible and he still doesn't understand exactly why. This has really put a bee in his bonnet because it seems to him that the Town Council is the only buffer that residents have against development in this Town and somebody needs to negotiate with developers in a way as creative as they can to try and address the negative impacts of these developments on existing residents. Having said that, as he said, they view this right-of-way as a valuable asset. He has asked for help from the Town staff and their help and professionalism is exceptional. It really makes them proud to be part of this Town because they are, and have been, incredibly supportive and helpful. His concern with the process is that they have been told that this will be sold. They made an offer but that doesn't seem to be allowed under Virginia law, which they understand, but they went back to Virginia Law and they found under 15.2-2008, Sale of Public Rights of Way; the price shall be no greater than the property's fair market value or its contributory value to the abutting property, whichever is greater, or the amount agreed to by the parties. Clearly there is flexibility to negotiate here but the intent is that it be of fair market value. He has also communicated a number of different ways an appraiser could go about establishing fair market value. He has a lot of experience in this area although he is not an accredited surveyor or appraiser. They then came back and asked about the process, which he discussed with Mr. Briglia. He was generous with his time and explained that he should look at the Ayr Hill/Wilmar Ave vacation for guidance, but that was only 534 sq ft which is not at all similar to the scale of the property that they are talking about on the new proposal. He showed on the plans the difference in scale between the two. He wanted to point out that using as comparables the vacation of something like Ayr Hill/Wilmar to find value of something like the plan proposed is, in his view, inappropriate. He suggested that the Finance Department be involved and he followed up on a number of occasions to ask whether in fact that occurred and that is an open question. He asked if the Finance Department has been involved and if they support and agree with this proposed valuation of this property. Mayor DiRocco thanked Mr. Delong for making a lot of points. One of the points he made was that the Town Council is the buffer between the negative development, and what she would say is that there are certain developments that are allowed in the Town based on zoning and then there are areas where the Town has flexibility, and Town of Vienna Page 5 Printed on 3/25/2015 Town Council Meeting Meeting Minutes February 2, 2015 certainly the Town Council will work to do what is best for the community and the homeowners in that community. However, there are certain zoning and ordinances that they abide by that are either laid out currently in the Town Code or given to them by the State, which is how they move forward in some of these situations. She asked Mr. Briglia to answer some of the questions that Mr. Delong laid out. Mr. Briglia explained to Mr. Delong that the reason he referred him to the Wilmar Vacation is that he had questions about the valuations with both of our independent appraisers and how they came about it. They look at these as odd lots and they only have value to the properties that are adjoining them and can take them on, because the Town would normally not sell them as an odd lot to the general public because they are un-developable. Mr. Briglia stated that he was trying to say if you look at the rationale on how the Wilmar alley was vacated and the appraisals that the Town got, we were surprised about the value of them, but when he contacted the appraiser in that situation he explained that if you don't sell it to this person you can't sell to anybody, so it has minimal value. In one situation with Dennis Rice they absolutely had enough if they got a little sliver of land to do a subdivision, and he took issue that it was adding value to that lot. He was told that was speculative, they may not subdivide it, they may have to put money into it, and we can't take that into account. JDA's appraiser did the same thing; they knew what the intent was and they didn't add any value. We have had subsequent appraisals on little slices of land. We get appraisals when the Town needs property for right-of-way, curb radius, and they use the same basis of the little slivers of property that are coming off. Sometimes the property owners think the land is worth more, and when VDOT has to do condemnation, unless there is a diminish in a business use in commercial property, they are not writing big checks to people. So it depends on the nature of the lot, if it is a developable lot it has a higher fair market value and that was one issue that he was describing about the appraisal report and he is not even sure if the appraisals were in when he first spoke to Mr. Delong. So when they got the offer letter and the corresponding appraisal from the developer, it didn't surprise him and he checked on the rationale and how they do it and it was no different than what they did for Wilmar. With respect to the question of other uses for the right-of-way, it serves a property currently so if it was sold or turned into other types of use you would land lock a property which there is a house on that and you could not do that, you would destroy their ingress egress. There might be another way to lay the houses out but you would have basically a mini park and that would not be the best use for that, it is not zoned park back there. He had mentioned if it was going to be a new park or parkland back there then there would have to be public hearings, it is not a feature shown on the Town's zoning maps, and that requires a process to do that. Its current use on the maps show a right-of-way and we have a process to request a vacation of right-of-way and that is what this is, the Town did not start this process. The other question regarding Finance is that the Town Finance Department should not be involved in appraisals; they are not involved in the valuation of property for the Town for property taxes, the Town relies on the County appraiser for that. To his knowledge there is no one on the Town staff that is qualified to do that. The Town did obtain an independent appraisal which Council was provided confidentially and he does not think it is significantly different than what the developer submitted so that is kind of a check to make sure we are getting fair market value. He thinks there was some input from the Town staff to help make some changes to the subdivision to help make it better for the neighborhood. Mr. Delong responded, stating that the right-of-way does attach to a property. At the end there is a point so they do not access that property through Mr. Sahni's, they just step over the line and you are on the right-of-way, and that has been used as a thoroughfare for 15 years in his experience and probably much longer. The second Town of Vienna Page 6 Printed on 3/25/2015 Town Council Meeting Meeting Minutes February 2, 2015 thing is that not having a finance person on staff capable of handling this strikes him as not credible. When he heard the appraisers report he cited three comparables which are all the small situations, no basis in value and he can't return a value because it is not a marketable property and there are restrictions on it so to simply note thre other comparables that don't have any other basis to them is to simply perpetuate the $3 per square foot standard that has arisen somehow, there is no justification for it anywhere and this is obviously outside of the bounds. All of the rest of the comparables are the same level of a small alley segment being attached to a standard property, there is none that he is aware of except for the 1999 vacation that was done for the Shady Drive development, and that was not similar but it was split between the two adjacent property owners after some discussion. This is obviously making these two lots possible and if you take the simple math 7,000 square feet as a percentage of the 12, 500 square foot lot it gives you half of a lot. He does think this is a better outcome but he is making a case to Council to further the interest of the Town of Vienna residents by seeking what is, in his mind, a fair market value that is substantially in excess of $3 per square foot. His property is tax assessed at $18 per square foot and that is the average for the area. $290,000 for a buildable lot in that area is the average so if you take half of that you would be looking at $150,000 instead of $20,000. Somebody needs to look at this with an experienced eye rather than accept appraisers that are kicking this stuff out that is not a substantive appraisal, at least the one that he has seen, he has not seen the other on that they received but if it's based on the same analysis of comparables that are in no way similar he thinks they are not defending the Town's interest by accepting it without some rigorous analysis. Mr. Briglia stated that he understands the point about appraisals and he has spoken with the Town's appraiser in the past and reviewed it and he thinks it's probably worth noting as a comparison. If this right-of-way vacation had been originally been by a subdivision and the Town said we no longer need it, and we are not going to build this road, by statute would have been divided down the middle and given free to the adjoing property owners on either side, that is the process. The Town's title report says that is not how this was obtained, this is an old electric railroad right-of-way. We have shown it as a road but he thinks some of the problems with valuations is when you have these little strips, alleys and these odd streets that you are vacating, very often there is no value received in the jursidication when they vacate, they go half to each side so it is odd that they are receiving money on these. Based on the same title report that the Town had updated, they are confident this is not part of a subdivision dedication of a road so they are allowed to ask for fair market value. Mr. Delong stated that the right-of-way existed there since this electric railway in the late 1800's and there is no necessity for the Town to sell it, it provides value to the neighbors as discussed. There is potential in the sense of something similar when Ms. Cole was on Council, she negotiated as an exchange, a permanent easement for some of the the right-of-way along Shady Drive south for parking spots somewhere else. There are always options, you can deed it to the Nature Conservancy for credits for some other stormwater management credits, these kinds of things exist. He would just like Council to consider that they have asked Public Works if they have spent any money on upgrading this or updating it but there was no money spent and they don't anticipate spending any money. There is no absolute necessity for the Town to sell it, the developer can still put up eight houses by right. Mr. Delong wanted to be clear that he is not against the new structure of the development, he is for getting fair value for this. It is the process that he is finding frustration with. Town of Vienna Page 7 Printed on 3/25/2015 Town Council Meeting Meeting Minutes February 2, 2015 Councilmember Springsteen wanted to confirm with Mr. Flis that the stormwater is not as much of an issue as it was before with the new enhanced plan. Mr. Flis stated that was correct, the system was redesigned. The system that was proposed originally was unusal as they were asking that the Town maintain it, there were a lot of issues with that and so the applicant redesigned it to be system that was more traditional and more compatible with the systems that we already have inplace in Town. Public Works is comfortable with it and have submiteed a memo stating that they are comfortable with the design that was proposed. Councilmember Springsteen asked if the appraised price was $24,000. Mr. Briglia stated it was $21,306 which was $3 per square foot. Counci8lmember Majdi commented that there was some discussion on the appraisal and how it is done and it was said that there is difficulty in appraising these, and he wanted to note that he doesn't think they should confuse a low appraisal with difficulty in appraising it. Just because the value as appraised was low doesn't mean it was difficult to appraise it. The appraisers have come in, they have given a number and we are going with that number because that is the fair market value as they see it. Councilmember Attanasi stated that not only was there a volume issue with the stormwater, there was the quality of water and asked Mr. Flis how that was being dealt with now. Mr. Flis stated that they were going to be purchasing nutrient credits. Councilmember Attanasi asked if that was a one time purchase. Mr. Flis stated they have to indicate that the credits are available, he doesn't know the details on whether that is a bulk or not. He thinks they have to show that the credits are available to meet the subdivsion as a whole. Mr. Sahni, 916 Ninovan Road SE stated that the water quality issue that they were previously addressing with the previous plan, complied with the 2009 regulations and they were buying nutrient credits from the nutrient bank. These are perpetual credits, you pay once and they go for life. They equate the amount of phosphorous removal by the pound for sites that are less than ten acres and there is a price that goes with it. If he remembers correctly the nutrient credits that they were purchasing were roughly in the order of $23,225 to meet the 2009 regulations. With this new plan, and also in discussions with Public Works, we arrived at a compromise whereby we are going beyond the 2009 compliance requirements and to the 2014 regulations and basically splitting the amount of phosphorous that needs to be removed. He thinks the total is about 2.22lbs per year and they are paying for 1.11lb as opposed to .87lbs that they were previously proposing and that is why that is one of the profers they mention in their offer letter that is at an additional cost of $5,580 over and above the $23,225. That is getting the Town closer to the 2014 regs whereby they have time limit extension to comply with the 2009 regs. It was moved to close the Public Hearing with the record to remain open for written comment until such time as the associated subdivision application know as Onondio Cove is considered by the Town Council at a regularly scheduled meeting. Motion: Councilmember Sienicki Second: Councilmember Springsteen Mr. Briglia asked that Council also include all the attachments to the agenda in the record. Councilmember Sienicki agreed to add the attachments to the motion. A motion was made by Council Member Sienicki, seconded by Council Member Town of Vienna Page 8 Printed on 3/25/2015 Town Council Meeting Meeting Minutes February 2, 2015 Colbert, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Attanasi, Council Member Colbert, Council Member Kelleher, Council Member Majdi, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco B. Public Hearing for Establishing Vienna Public Arts Commission. Mayor DiRocco called the Public Hearing to order at 9:04 p.m. The Town Clerk called the role and all members of Council were present. Ms. Karen Spence,Finance Director, explained to Council that she is requesting a public hearing for the establishment of the Vienna Public Arts Commission. An Advisory Committee was requested by the Mayor to investigate the creation of a memorial in honor of the late Mayor M. Jane Seeman. The Advisory Committe was comprised of appointed members, Mr. Joe Alonso, Ms. Linda Colbert, Mr. James Cudney, Ms. Tara Ruszkowski, Ms. Carey Sienicki and Ms. Carole Wolfand. The Committee recommends a Public Art Commission, their findings are included in the write up stating "Understanding this proposition was not originally in our scope of work, this Committee strongly recommends commissioning a 501c3 Foundation to “Share the Vision” for the “Vienna Community Public Art Commission,” since this project has been such an intensive endeavor in background research and development. Coupled with the knowledge there is also a provision for future Public Art proposals along the Maple Avenue Corridor, this “Vienna Community Public Art Commission” could prepare for submissions and have a vision on creating guidelines for type of art, how to fund/accept contributions and how to qualify art processes and proposals. It could also ensure the sustainability of the art for years to come. We hope this to be the start of many pieces of Public Art located for all to enjoy in Vienna." The proposed organizational and functional structure is attached to the agenda as well as the Advisory Committee's report. Ms. Lu Cousins, Director of the Vienna Arts Society addressed Council stating that of course she wanted to let her support to the proposal of establishing a Commission for Public Arts. She thinks it would be a phenomenal thing for the Town to lend its support to such an initiative to beautify the Town and to make it more of a destination for people to come and see what the Town has to offer. We have such talent here that we would love for everyone to experience. She has gone through some of Chapter 28 and has made some edits. She would recommend that they start with 7 members as opposed to 10 because then it would be a much more of a workable group and then invite subject matter experts as necessary to join depending on what the project is. The other edits she has made was just to keep it simple, we don't want to submit a plan that is going curtail the creative process. Carolyn Jackson Sahni, 916 Ninovan Road, SE addressed Council stating that she is a long time member of the Vienna Arts Society and a long time citizen of Vienna and she thinks an Arts Commission is essential for a community that wishes to expand and grow in terms of all of its citizens, the young as well as mature citizens. The Town of Vienna has a great deal of potential, there are so many artists involved and she thinks this would simply be one way of articulating the value of art to this community. Councilmember Attanasi asked a quetions that has to do with the purpose and the Town of Vienna Page 9 Printed on 3/25/2015 Town Council Meeting Meeting Minutes February 2, 2015 definition of public art. The way he reads it, it seems that if it is viewable from the public right of way then it can be regulated, just public art. He would suggest that they call public art which is defined as "art in any media that has been planned and executed with the intention of being staged on Town property or the public right-of-way but within commercial developments subject to architectrual review." He is concerned if this comisssion takes on a regulatory function that it will be violating the Town Charter which in single family houses there is no architectural review except in Windover Heights and that is his concern with this. Mr. Briglia stated that he thinks the concern is in the last portion of 28.1 where it says within the developments subject to zoning approval by the Town Council. He sees what Councilmember Attanais is saying because there is no BAR review in residential and so that kind of clairfies what they were talking about the commercial developments subject to BAR review. Ms. Spence stated that when they had discussed that this was certainly a big discussion point in what is the definition of Public Art and it is her understanding that the Commission or at least the Advisory Committee had not intention of the Commission having a comment on Public Art that was in the back or front yard of single family homes so perhaps something needs to be addressed to make sure this put upon the Commission. Councilmember Sienicki suggested that Mr. Flis have a chance to look over this as well for his recommendation. Mayor DiRocco responded to Ms. Cousins recommendation stating that this original ordianance was planned after the Community Enhancement Commission which grew over time, it started out small and expanded, so it may be well worth it to start smaller and if they choose to expand because the need is there and they know the needs that are coming out if, it might be worth it. It might be better to start smaller as Ms. Cousins suggested with about 7 members and work from there. Councilmember Sienicki suggested that maybe the discussion might be to look at either the Planning Commission or Board of Architectrual Review number because they are somewhat synonomous in that they both have commercial and re-zoning and seem to be somewhat contiguous. Maybe they can look at maybe which one of those may be the best one if we were going to eliminate one of committee members. Mayor DiRocco stated that she knows there are student members on the CEC as well and that is something else to consider, if they may want to add that over time to see what their role will be and how that will function. Councilmember Sienicki said they were not counted in the ten. Mayor DiRocco thinks it is still something they should consider as things get started and continue to look at it. She thinks when starting this whether its 7 members or a different number that certainly there can be other people that support this organization. She knows there was some discussion about fund raising for certain aspects of it which might be a broader circle that may not neccesarily sit on the committee but be a broader circle that supports it. Councilmember Sienicki stated that they did look at that because she thinks that people that are fund raisers and artists bring together different skill sets, so the thought was to have more people that had different skill sets becuase this is more intricate in that you are looking at things that are like Parks & Rec but then your also looking at zoning so it brings together a lot of different skill sets. It was moved to close the public hearing on the establishment of the Vienna Public Town of Vienna Page 10 Printed on 3/25/2015 Town Council Meeting Meeting Minutes February 2, 2015 Arts Commission and defer decision on adoption of the documents and keep the public comment period open for written input until February 20, 2015 and the decision is deferred until the regular Council Meeting of February 23, 2015. A motion was made by Council Member Kelleher, seconded by Council Member Colbert, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Attanasi, Council Member Colbert, Council Member Kelleher, Council Member Majdi, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco 6. Regular Business A. Request to Set Public Hearing for Air Rights License Agreement for Navy Federal Credit Union Pedestrian Bridge and Other Certain Improvements for February 23, 2015. It was moved to set a Public Hearing for the Town Council meeting of February 23, 2015, to consider the Navy Federal Credit Union Air Rights License Agreement and It was further moved to direct the Town Clerk to advertise the notices of Public Hearing. A motion was made by Council Member Sienicki, seconded by Council Member Majdi, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Attanasi, Council Member Colbert, Council Member Kelleher, Council Member Majdi, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco B. Adahi Road SE Sidewalk Contract Award. It was moved to award a $28,000 construction contract to Espina Construction, IFB 14-21, account #200404-48803. 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: 7- Council Member Attanasi, Council Member Colbert, Council Member Kelleher, Council Member Majdi, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco C. Request to award a sewer lining contract to AM-Liner. It was moved to award a $393,000 sewer lining contract to AM-Liner based upon Prince William contract SA 1213 using funds from account 200541-48803. 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: 7- Council Member Attanasi, Council Member Colbert, Council Member Kelleher, Council Member Majdi, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco D. Request to award a water main replacement contract. It was moved to award a not to exceed $1,046,621 contract to EE Lyons Construction Co., Inc., under Arlington County contract 630-12, for water main replacements at locations listed above, account 200510-48803 and account 300500-48803. Town of Vienna Page 11 Printed on 3/25/2015 Town Council Meeting Meeting Minutes February 2, 2015 A motion was made by Council Member Springsteen, seconded by Council Member Attanasi, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Attanasi, Council Member Colbert, Council Member Kelleher, Council Member Majdi, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco A. Second Closed Session. It was moved to recess into the second Closed Session at 9:34 p.m. Mayor DiRocco called the meeting back into session at 10:28 p.m. The Clerk called the role and all members of Council were present. 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 February 2, 2015, the Town Council met for purposes of discussion of personnel matters, specifically the annual review of the Town Attorney.” 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 23, 2015, 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 re-appointment to Town Boards and Commissions. A motion was made by Council Member Kelleher, seconded by Council Member Attanasi, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Attanasi, Council Member Colbert, Council Member Kelleher, Council Member Majdi, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco 7. Meeting Adjournment It was moved to adjourn the meeting at 10:29 p.m. 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 12 Printed on 3/25/2015