HERNDON TOWN COUNCIL Tuesday November 15, 2016

Transcription

1 This does not represent a verbatim transcript of the Town Council meeting. Visit webcasts to view agendas. Copies of video recordings of the public hearing meetings are available on request by contacting HCTV at HERNDON TOWN COUNCIL Tuesday The Town Council met in public session on Tuesday,, at 7:00 p.m. in the Herndon Council Chambers Building, 765 Lynn Street, Herndon, Virginia. In attendance were: Mayor Lisa C. Merkel, Vice Mayor Jennifer Baker and Councilmembers: David A. Kirby, Steven Lee Mitchell, Sheila A. Olem and Grace Han Wolf. Councilmember Jasbinder Singh was absent. Others present during the meeting: Arthur Anselene, Town Manager; Lesa Yeatts, Town Attorney; Viki Wellershaus, Town Clerk; Anne Curtis, Chief Communications Officer; Captain Brad Anzengruber, Herndon Police; Elizabeth Gilleran, Director of Community Development; William Ashton, Director of Information Technology; Cindy Roeder, Director of Parks and Recreation; Bryce Perry, Sustainability Program Planner; and Margie Tacci, Deputy Town Clerk. Mayor Merkel called the meeting to order at 7:00 p.m., with all members present, with the exception of Councilmember Singh, who was absent, and with Mayor Merkel presiding. 1. PLEDGE OF ALLEGIANCE Mayor Merkel welcomed the Cub Scout Pack 157 from Herndon United Methodist Church, led by Kevin Maxson; Cub Scout Pack 1577 from Dranesville Elementary, led by Dave Hulka; and Webelos Cub Scout Packs 877 and 878 from the Herndon and Reston Wards of The Church of Jesus Christ of Latter Day Saints, led by Ben Johnson, Billy Jensen and Daniel Baldwin. Mayor Merkel invited forward Cub Scout Packs 157 and 1577, and Webelos Cub Scout Packs 877 and 878, to lead the audience in the Pledge of Allegiance to the Flag of the United States of America.

2 2. APPROVAL OF MINUTES Vote on October 25, 2016 Public Hearing Minutes On motion of Councilmember Wolf, seconded by Councilmember Kirby, the minutes of the October 25, 2016 Public Hearing were approved by a 6-0 vote. The vote was: Councilmembers Kirby, Mitchell, Olem, Wolf, Vice Mayor Baker and Mayor Merkel voting Aye. Councilmember Singh was absent. Vote on November 1, 2016 Work Session Minutes On motion of Councilmember Olem, seconded by Vice Mayor Baker, the minutes of the November 1 Work Session were approved by a 6-0 vote. The vote was: Councilmembers Kirby, Mitchell, Olem, Wolf, Vice Mayor Baker and Mayor Merkel voting Aye. Councilmember Singh was absent. 3. PRESENTATION Presentation to the Department of Parks and Recreation by the National Recreation and Parks Association (NRPA) on their agency re-accreditation. Mayor Merkel invited forward Cindy Roeder, Director of Parks and Recreation, to introduce Rebecca Wickline, Senior Vice President of Development, National Recreation and Parks Association (NRPA). Following brief comments from Ms. Roeder, Ms. Wickline provided brief comments on the agency s re-accreditation. Following comments from Council, the re-accreditation award was presented to Ms. Roeder and staff from the Department of Parks and Recreation that were present. 4. COMMENTS FROM THE TOWN MANAGER There were no comments from the Town Manager. 5. COMMENTS FROM THE TOWN COUNCIL Councilmember Mitchell: Congratulated the newly elected Councilmembers for the term and thanked the candidates that ran for Council. 2

3 Councilmember Mitchell stated that he planned to donate the $200 he earned from being on the Council for the past six months to Herndon Optimist Youth Football. Councilmember Wolf: Provided details on two town events being held this Saturday, November 19 ~ the Gobbler Scramble Golf Tournament, which starts at 9:00 a.m. at the Herndon Centennial Golf Course; and the Herndon Turkey Trot, which starts at 4:00 p.m. at the Herndon Community Center. She encouraged everyone interested to participate. Councilmember Olem: Stated that she was pleased to see there were over 8700 voters who voted in the town election on Tuesday, November 8. In the past, she stated there were approximately 2600 or 2700 that voted in the town election. Councilmember Olem echoed Councilmember Mitchell s comments thanking those that ran for Council. Councilmember Olem, on a personal note, asked that everyone keep her brother, Brian, and her mother, Gracie, in their thoughts and prayers. She stated that her brother was undergoing surgery, which was unexpected. Vice Mayor Baker: Echoed her colleagues comments thanking those that ran for Council. She stated that she was honored to be reelected and looked forward to serving the town for the next two years. Vice Mayor Baker provided details on the Herndon Homes Tour, which would be held on Saturday, December 3, from 10:00 a.m. to 4:00 p.m. She stated that those interested could buy tickets at several locations in town and on the town s website. Mayor Merkel: Echoed Vice Mayor Baker s comments on the Herndon Homes Tour. Mayor Merkel stated that the town would continue its annual leaf collection through December 16. More information was available on the town s website. 6. COMMENTS FROM THE AUDIENCE The following individual came forward to provide comments: Signe Friedrichs, 958 Tympani Court, Herndon, invited those present to attend a Tea Ceremony this Saturday, November 19, 7:00 p.m. at ArtSpace, and provided further information about the event. 3

4 7. PUBLIC HEARING Ordinance 16-O-31, to consider zoning ordinance text amendment ZOTA #16-08, Chapter 78 (ZONING) to amend and reenact by consolidating and amending provisions relative to signs and adding thereto a new Article IX entitled Signs. Certificates of Publication were filed from the Editor of the Fairfax County Times Newspapers, showing that notices of said public hearing had been duly advertised in the Friday, October 21, 2016 and Friday, October 28, 2016 issues. Lesa Yeatts, Town Attorney, presented the staff report, which is on file in the Town Clerk s office. She stated that the proposed ordinance would include substantial housekeeping changes to the zoning ordinance by consolidating regulations into one article titled Signs and updating provisions to conform with the United States Supreme Court s decision in the case of Reed v. Town of Gilbert, Arizona. Through the Reed decision, the Supreme Court expanded the types of sign regulations that are considered content-based and therefore presumptively unconstitutional under First Amendment principles. This decision has restricted localities ability to regulate signs and has required virtually all localities around the country to revise their ordinances. She stated that the Council and Planning Commission had discussed the proposed ordinance extensively and that the proposed amendments maintain existing regulations based on content-neutral factors. Staff recommends approval of the proposed ordinance, as presented. In response to a query from Mayor Merkel, Ms. Yeatts stated that in response to discussion at the Council s November 1 work session, staff had made one change, which was to delete the reference to the marquee signs on page 47 of the proposed ordinance. Following the public hearing (there were no comments from the audience), Councilmember Olem moved approval of Ordinance 16-O-31, as presented. This motion was seconded jointly by Vice Mayor Baker and Councilmember Kirby. There were comments from Council. The question was called on the motion, which was approved by a 6-0 vote. The vote was: Councilmembers Kirby, Mitchell, Olem, Wolf, Vice Mayor Baker and Mayor Merkel voting Aye. Councilmember Singh was absent. 4

5 [Note: Attached is Ordinance 16-O-31, zoning ordinance text amendment ZOTA #16-08, Chapter 78 (ZONING), to amend and reenact by consolidating and amending provisions relative to signs and adding thereto a new Article IX entitled Signs, which is numbered as pages -A through.] 8. CONSENT AGENDA On motion of Councilmember Olem, seconded by Vice Mayor Baker, the following Consent agenda items were approved by a 6-0 vote, without comment. The vote was: Councilmembers Kirby, Mitchell, Olem, Wolf, Vice Mayor Baker and Mayor Merkel voting Aye. Councilmember Singh was absent. Resolution 16-G-65 to establish the Town Council meeting schedule for January 1, 2017 to December 31, BE IT RESOLVED that the town council of the Town of Herndon, Virginia, hereby: 1. Incorporates the meeting schedule set out in Section 2-1 of the Herndon Town Code (2000), as amended, and establishes the meeting schedule for January 1, 2017 to December 31, 2017, modified as follows: Reschedule the town council work session on Tuesday, July 4 TO Wednesday, July 5, in recognition of the fourth of July holiday; Reschedule the town council work session on Tuesday, August 1 TO Wednesday, August 2, to allow council participation in National Night Out activities; Reschedule the town council work session on Tuesday, October 3 TO Wednesday, October 4, to allow council participation in the annual Virginia Municipal League conference; Reschedule the town council work session on Tuesday, November 7 TO Wednesday, November 8, to recognize the 2017 state general election; and forgo the town council s work session on Tuesday, November 21 and the public hearing on Tuesday, November 28, to accommodate Thanksgiving holiday travel. 2. Directs staff to reflect the modified meeting schedule in the 2017 annual town calendar. *** 5

6 Resolution 16-G-66, to authorize the submission of an application for Federal Funding Assistance from the Recreational Trails Program (RTP) to the Virginia Department of Conservation & Recreation (DCR), Washington and Old Dominion Trail Lighting Project CIP 11-PR the town has an approved Capital Improvement project to light the W&OD trail through Herndon in multiple phases; and the Northern Virginia Regional Park Authority has expressly granted the town permission to extend the lighting of the W&OD Trail beyond normal operating hours; and under the provisions of RTP, federal funding assistance is requested to aid in financing the cost of construction and rehabilitation of trails and trail related amenities; and the Town of Herndon considers it in the best public interest to complete the trail lighting project described in the application; and the Virginia Department of Conservation and Recreation provides grant monies to Virginia localities under the Recreational Trails Program Grant Program; and the Town of Herndon submitted a preliminary application which has advanced to the final round of approvals; and the town is aware that if approved by DCR and the Federal Highway Administration the grant is a reimbursement grant, meaning the Town may only request payment after eligible and allowable costs have been paid and evidence of such has been provided to DCR in the format required. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Herndon, Virginia, that the Town Manager is hereby authorized to make formal application to DCR for funding assistance. Any fund assistance received will be used for implementation and completion of the Washington and Old Dominion Trail Lighting project within the specified timeframe and as described in the FY FY 2021 Capital Improvement Program, 11-PR The Town of Herndon hereby certifies that project funding will be made available and committed for this project. The Town acknowledges that any property utilizing RTP funding that is not in public 6

7 ownership must provide evidence of landowner permission for use of the property for trail purposes, and that the associated easement allowing the use is for a time period comparable to the nature and magnitude of the investment of the federal funds associated with the project. The Town acknowledges that we are responsible for compliance with the National Environmental Policy Act, Endangered Species Act, Historic Preservation Act and all other applicable state and federal laws. The Town acknowledges that appropriate opportunity for public comment has been provided on this application and evidence of such is a required component for approval. This resolution becomes part of a formal application to the Virginia Department of Conservation & Recreation. *** Resolution 16-G-67, to award contract #D-17-01, Stormwater Management Program Services. the Stormwater Management Program is a requirement of the federal and state governments under the Clean Water Act; and the Stormwater Management Program is also used to accomplish projects in the Capital Improvement Program (CIP); and general services task order consultants have been determined to be a cost effective and efficient means of completing task requirements in support of the Stormwater Management Program, execution of the CIP and other Town Council approved efforts; and RFP #D was advertised on July 8, 2016 and clearly identified the nature of the intended services; and on August 12, 2016 the town received twelve proposals from engineering firms; and an evaluation committee reviewed the proposals and selected two of the applicants to interview, and interviews took place on September 20 and 21, 2016; and 7

8 the selection committee selected AMEC Foster Wheeler Environment and Infrastructure, Inc. as the best qualified to provide stormwater management program services to the town; and negotiations with AMEC Foster Wheeler Environment and Infrastructure, Inc. have resulted in favorable hourly rates and unit costs for the variety of professional and non-professional disciplines and supporting tasks that will be required for the assigned work as follows: Category Hourly Rate Principal $ Project Manager $ Senior Engineer $ Project Engineer $ Junior Engineer $99.32 Senior Planner $ Planner $94.82 Senior Environmental Scientist $ Environmental Scientist $93.27 GIS Manager $ Senior GIS Analyst $ GIS Analyst $80.01 CADD Technician $91.80 Land Surveyor $ Field Coordinator $ Survey Technician $91.80 Two Person Survey Crew $ Three Person Survey Crew $ Clerical $71.27; and funds to support individual Task Orders will be provided from the appropriate Professional Services and Capital Improvement accounts. 8

9 NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Herndon, Virginia, hereby awards contract #D-17-01, Stormwater Management Program Services, to AMEC Foster Wheeler Environment and Infrastructure, Inc. at the negotiated hourly rates. 9. ADJOURNMENT There being no further business, the meeting adjourned at 7:19 p.m. Lisa C. Merkel Mayor Amanda M. Kertz Deputy Town Clerk Minutes approved by Town Council:. 9