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 7, 2016 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South Regular Council Meeting Invocation: Dr. Beth Neubauer, Emmanuel Lutheran Church Pledge of Allegiance to the Flag of the United States of America Present: 6- Council Member Edythe Frankel Kelleher, Council Member Pasha Majdi, Mayor Laurie DiRocco, Council Member Howard J. Springsteen, Council Member Carey Sienicki and Council Member Tara L. Voigt Absent: 1- Council Member Linda Colbert 1. Roll Call 2. Approval of the Minutes: A. Approval of the Regular Minutes of February 22, 2016 and the Work Session Minutes of January 11, 2016. Councilmember Majdi proposed two amendments. For the January Work Session. He wanted to add into the record the comment he made regarding the Flagship Property. His comment was "that there are two distinct issues regarding pedestrian safety, one is on 123 Maple Avenue and the 2nd is within the lot and that resolving one is not a cure-all for the entire application. For the February 22nd meeting he wanted to add to the record that it was stated several times in the notes that the industry standard for budget overruns is approximately 15% but he wanted in the record that they asked Mr. Macomber, the Project Manager, what the industry standard was and he stated it was actually a range of 15-25%. He wanted it in the record now because if we get to 18 or 20% in the future, he doesn't want the public to think we are way off base. It was moved to approve the Regular Minutes of February 22, 2016 and the Work Session Minutes of January 11, 2016 as amended. A motion was made by Council Member Majdi, seconded by Council Member Springsteen, that the Minutes be approved. The motion carried by the following vote: Aye: 6- Council Member Kelleher, Council Member Majdi, Mayor DiRocco, Council Member Springsteen, Council Member Sienicki and Council Member Voigt Absent: 1- Council Member Colbert 3. Receipt of petitions and communications from the Public Local Boy Scouts from Troop 987 and Troop 152 introduced themselves to Council. They are working on the Citizenship in the Community Merit Badge. Town of Vienna Page 1 Printed on 5/11/2016 Town Council Meeting Meeting Minutes March 7, 2016 Mr. John Shreffler, 900 Echols St., SE, addressed Council to let them know that down at the Washington D.C. Arboretum there is a pair of bald eagles keeping two eggs warm, they are due to hatch in about two weeks. There is a pair of high resolution cameras that anyone can tune in to watch the Eagles 24 hours a day, 7 days a week. They are due to hatch between March 18th and the 20th. There is a link on the Westbriar Civic Association website for the eagle cam. Mr. Bob McCahill, 429 Center St. North, introduced Flat Stanley to Council and asked if he could get a picture with Flat Stanley and Council. Flat Stanley came from his niece's daughter in Chicago Illinois, she is in 3rd grade. He is taking Flat Stanley around the area to meet things and thought it would be great to meet Council. Mr. Bob McCahill also addressed Council regarding the incident that happened on Church Street when a 5 year old boy was struck by a car. He sustained a broken leg, broken collar bone and fractures in his jaw. He is going to bat for the family to see if they can accelerate development of sidewalks from their house on 348 Church Street to the corner of Beulah and Church. He believes there has already been a study done which is the good first part, the next part is getting the sidewalk in and they want to see if it can be accelerated. Mayor DiRocco stated that she had received an email from MaryEllen Larkin from 317 Church Street, NE and was asked to read it into the record, Mayor DiRocco read the email. Mr. McCahill also read a sentence from an email he received from Jason Adams regarding the urgency of getting a sidewalk in to this area. Mr. Dennis Johnson, Director of Public Works provided information regarding the two different sections of sidewalk and when they can be completed. He will work with Fairfax County staff to see if there is someway to break a piece off of the big project and do a "phase one" to complete part of the sidewalk early, he has not received an answer back. The Mayor may need to weigh in with a formal request. Mayor DiRocco stated that she would be happy to do that. Right now the sidewalk is planned but un-funded. Councilmember Springsteen suggested that maybe they should give some serious thought into putting in a temporary asphalt sidewalk there to buy some time. It could be 2-3 years before the town gets the funding. Mr. Johnson will look into it and provide some options to Council. Councilmember Voigt asked Mr. Johnson if it would be possible, before he goes through the trouble, to ask homeowners whose property they would have to go onto to see if they would be open to that. She would hate for staff to take the time to plot it all out and do a whole mock up on how much it is going to cost and then not be able to get the homeowners to agree. Mr. Johnson stated they have received a few permanent easements on a few spots. They are still private but there is a permanent easement for public improvements. Mr. Jim Brook of Brook Rentals addressed Council to represent the new Vienna Light Industrial Coalition. He is representing many other business and property owners on Mill Street and Dominion Street. He wanted to thank the Town for making them feel like they have been listened to and giving them the impression that they are understood. He also thanked the Town for helping them to better understand the Zoning regulations. They are very happy that the zoning there will stay the CM zone. He thanked the Mayor, Town Council, Zoning Department and the Planning Commission for understanding them and giving them support. Councilmember Sienicki asked the Mayor to explain to the people in the audience on what was going on and that this was in response to the draft of the Comprehensive Plan. She thought some people may not understand the terminology of the light industrial zone etc. Mayor DiRocco explained what was going on in that area with the Comprehensive Plan. Reverend Burns of Vienna Assembly of God complimented Town of Vienna Page 2 Printed on 5/11/2016 Town Council Meeting Meeting Minutes March 7, 2016 the Director of Zoning for responding to them, coming out to the location to meet with all the owners and answering their questions. The CM Light Industrial Zone is very important to them and the fabric of our community so there was a sense of urgency to this. This issue is very important to them and he thanked Council for making it a matter of the record that this is a part of the future of the community. 4. Reports/Presentations A. Report and Inquiries of Council Members Councilmember Majdi announced that he will be seeking re-election. When he ran for election a couple years ago and went door to door, he was telling people that he was really concerned about the future of the Town. With all the development going on around them he was troubled about whether or not they were going to keep the small town charm. They have a lot of issues to deal with but he thinks they are heading in the right direction. He stated that working with this group it has been an excellent experience as well as inspiring. He stated that looking around the dais he has never been more confident in the future of the Town and has been a pleasure working with them. Councilmember Springsteen asked for an update on Follin Lane. Mr. Johnson stated that the crews are working away and making good progress. They are going to try and pave the section down near Pine Street within the next two weeks and start putting in curb and gutter. They have already excavated for curb and gutter in part of the section. They are making progress although not as quickly as they would like. He is thinking it will be several months before it is open again. Mayor DiRocco stated that they need to update the residents there and change the date on the signage to let people know what time frame we are looking actually looking at if it is no longer March. Councilmember Springsteen also asked about the lights on Lawyers Road and Center St. and what the timetable is to finish the paving and take the old poles down. Mr. Johnson stated that they have two issues: some of the push buttons are not accessible because when they drilled the foundation there were things underground in the way and they had to move and drill a new foundation. Right now you can't reach the button and there is a standard for how far off the sidewalk the button has to be. They have gone round and round about extensions and he thinks they are going to end up putting in some new peg poles so the buttons will be close. VDOT is going to come over to help them. The second issue is that the cameras are not programmed which means the lights are on recall and they don't sense how many cars are waiting. Once these two things are done the last of the poles can come out and they will do all the restoration. Councilmember Springsteen wanted to make sure that Council will have Electronic Meeting attendance on a Work Session agenda. Mr. Briglia stated that he has circulated some information to Council and that a Work Session is in order. There is a policy that Council will have to adopt. Councilmember Kelleher reported that the Governor has signed the proffer bill but she thinks Council should still continue the process that they had started as far as proffers are concerned. There will still be proffers committed for some things so she thinks they should continue along and not change what they were thinking. Mr. Briglia stated that the provisions for the Town's proffer ordinance will mirror what the state code permits so if becomes more restrictive then obviously limitations will apply. Town of Vienna Page 3 Printed on 5/11/2016 Town Council Meeting Meeting Minutes March 7, 2016 Councilmember Sienicki reported that Navy Federal Credit Union has been voted 44th of the top 100 best companies by Forbes Magazine as employers. They were top in the Northern Virginia area. B. Report of the Town Manager Mr. Payton asked Chief Morris to come foward and introduce a new Police Officer. Chief Morris introduced Officer Ara Post who is one of the newest officers in Vienna. She is from Akron, Ohio with an Associates Degree in Criminal Justice and a Bachelor's Degree in Emergency Management and Homeland Security. C. Report of the Mayor Mayor DiRocco reported that this year's Mayor's Volunteer Reception will be held on Tuesday, April 12th at 7:30 p.m. in the Flame Room of the Vienna Volunteer Fire Department. If there is a certain volunteer that a citizen would like to nominate you can go online to the Town's website and nominate them. Mayor DiRocco also reported that on Tuesday, March 8th, the Mayor's @ Your Service will feature "Solarize Vienna." Susan Stillman from the Community Enhancement Commission and Ryan VanPatten from the non-profit Energy Alliance will discuss the Solarize program that will run from March 15th through May 15th. 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 Closed Session convened this date, Monday, March 7, 2016, 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 Wednesday, March 16, 2016 at 7:00 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 and also continued to Wednesday, March 30, 2016 at 7:00p.m. in accordance with Virginia Code Section 2.2-3711A(19) for purposes of discussion and briefing on security procedures and security of Town Hall and other Town facilities and also continued to Monday, April 4, 2016 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 Edythe Frankel Kelleher, seconded by Council Member Tara L. Voigt, that this item is approved. The motion carried by the following vote: Aye: 6- Council Member Kelleher, Council Member Majdi, Mayor DiRocco, Council Member Springsteen, Council Member Sienicki and Council Member Voigt Town of Vienna Page 4 Printed on 5/11/2016 Town Council Meeting Meeting Minutes March 7, 2016 Absent: 1- Council Member Colbert 5. Public Hearings A. Public Hearing for Adoption of an Ordinance to Vacate a Portion of Public Alley behind 105 Wilmar Place NW Mayor DiRocco called the Public Hearing to order at 8:54 p.m. The Town Clerk called the role and all Councilmembers except for Councilmember Colbert were in attendance. Mr. Dennis Johnson explained that this is a vacation or a section of the public alley between Ayr Hill and Wilmar Place that was requested by the Essweins. Council authorized this Public Hearing at the February 1, 2016 Council Meeting. There was one typo in the ordinance to vacate that has since been corrected and is with Council. Mr. Briglia stated that there has been a prior viewers report. Council had appointed viewers to consider whether it was a public necessity for this alley and it was determined that the vacation would not interfere with any public use. It is in the Counci's discretion to vacate and sell this portion of the alley. Councilmember Springsteen asked if the residents that want to buy the property were in attendance and in agreement. They were in attendance and agree. It was moved to close the Public Hearing at 8:55 p.m. Mr. Adame,102 Ayr Hill Ave, NE stated that he wanted to make sure it was 7 feet they were dividing of the alley. He has put his application in for the other half. Mr. Johnson stated it was. Motion: Councilmember Voigt Second: Councilmember Kelleher Motion: Carried Unanimously It was moved to adopt the Ordinance to Vacate a portion of the public alley behind 105 Wilmar Place NW, accept payment of $1,125 plus costs incurred by the Town from the Essweins for the vacated portion subject to lot consolidation, accept a temporary access easement, and authorize the Mayor to execute and the Town Attorney to record the Ordinance in the Land Records and it was further move to direct the Town Clerk to advertise a Notice of Adoption. A motion was made by Council Member Voigt, seconded by Council Member Kelleher, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Kelleher, Council Member Majdi, Mayor DiRocco, Council Member Springsteen, Council Member Sienicki and Council Member Voigt Absent: 1- Council Member Colbert 6. Regular Business A. Purchase of Water Valve Maintenance Trailer It was moved to approve purchase of the E.H. Wachs Water Valve Maintenance Town of Vienna Page 5 Printed on 5/11/2016 Town Council Meeting Meeting Minutes March 7, 2016 Trailer for $62,037.83 from account 500-501-0000-50111-48101 upon a finding that the award of a sole source contract is appropriate in this instance based upon the written justification provided and publication of the Town's intent to award a sole source contract A motion was made by Council Member Springsteen, seconded by Council Member Majdi, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Kelleher, Council Member Majdi, Mayor DiRocco, Council Member Springsteen, Council Member Sienicki and Council Member Voigt Absent: 1- Council Member Colbert B. Nutley Street SW Culvert Replacement Design Contract Increase It was moved to approve a $20,000 design increase for Nutley Street SW Culvert Replacement with Whitman, Requardt and Associates, RFP 13-05, for account listed above. A motion was made by Council Member Sienicki, seconded by Council Member Voigt, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Kelleher, Council Member Majdi, Mayor DiRocco, Council Member Springsteen, Council Member Sienicki and Council Member Voigt Absent: 1- Council Member Colbert C. Award of RFP 16-03 construction testing and inspection services to TRIAD Engineering. It was moved to award a $80,231.48 contract to TRIAD Engineering for construction testing and inspection services, IFB-16-03 account number listed above. A motion was made by Council Member Springsteen, seconded by Council Member Voigt, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Kelleher, Council Member Majdi, Mayor DiRocco, Council Member Springsteen, Council Member Sienicki and Council Member Voigt Absent: 1- Council Member Colbert D. Request approval of Vienna Community Center renovation and expansion contingency fund payment to Keller Brothers It was moved to approve payment to Keller Brothers, Inc. in an amount not to exceed $4,486 for the Vienna Community Center project, IFB 16-04, account listed above. A motion was made by Council Member Sienicki, seconded by Council Member Kelleher, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Kelleher, Council Member Majdi, Mayor DiRocco, Council Member Springsteen, Council Member Sienicki and Council Member Voigt Absent: 1- Council Member Colbert E. Request approval of Vienna Community Center renovation and expansion contingency fund payment to Lukmire Partnership. It was moved to approve payment to Lukmire Partnership in an amount not to exceed $8,184 for the Vienna Community Center project, IFB 16-04, account listed above. Town of Vienna Page 6 Printed on 5/11/2016 Town Council Meeting Meeting Minutes March 7, 2016 A motion was made by Council Member Voigt, seconded by Council Member Majdi, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Kelleher, Council Member Majdi, Mayor DiRocco, Council Member Springsteen, Council Member Sienicki and Council Member Voigt Absent: 1- Council Member Colbert F. Request approval of Vienna Community Center Renovation and Expansion contingency fund payment to R. E. Lee Electric Co., Inc. It was moved to approve an additional expenditure payment to R.E. Lee Electric Co., Inc. in an amount not to exceed $20,623 for the Vienna Community Center project, IFB 16-04, account listed above. A motion was made by Council Member Voigt, seconded by Council Member Majdi, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Kelleher, Council Member Majdi, Mayor DiRocco, Council Member Springsteen, Council Member Sienicki and Council Member Voigt Absent: 1- Council Member Colbert G. Request to Set a Public Hearing for the FY17 Operating Budget It was moved to set a public hearing for the FY17 Operating Budget for April 4, 2016. A motion was made by Council Member Kelleher, seconded by Council Member Sienicki, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Kelleher, Council Member Majdi, Mayor DiRocco, Council Member Springsteen, Council Member Sienicki and Council Member Voigt Absent: 1- Council Member Colbert H. Request to Set Public Hearing for Proposed Water & Sewer Rate It was moved to set the date for the FY17 Proposed Water and Sewer Rates Public Hearing on April 4, 2016. A motion was made by Council Member Kelleher, seconded by Council Member Springsteen, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Kelleher, Council Member Majdi, Mayor DiRocco, Council Member Springsteen, Council Member Sienicki and Council Member Voigt Absent: 1- Council Member Colbert I. Request to Set a Public Hearing for the FY17 Real Estate Tax Rate It was moved to set the date for the FY17 Real Estate Tax Rate Public Hearing on April 18, 2016. A motion was made by Council Member Kelleher, seconded by Council Member Voigt, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Kelleher, Council Member Majdi, Mayor DiRocco, Council Member Springsteen, Council Member Sienicki and Council Member Voigt Town of Vienna Page 7 Printed on 5/11/2016 Town Council Meeting Meeting Minutes March 7, 2016 Absent: 1- Council Member Colbert 7. Meeting Adjournment 7. Meeting Adjournment Aye: 6- Council Member Kelleher, Council Member Majdi, Mayor DiRocco, Council Member Springsteen, Council Member Sienicki and Council Member Voigt Absent: 1- Council Member Colbert 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 5/11/2016