Minutes

REGULAR COUNCIL MEETING
June 19, 2006


The Town Council met in regular session on Monday, June 19, 2006, in the Council Room of the Town Hall, 127 Center Street, South. Mayor M. Jane Seeman, called the meeting to order with the following members of Council present: Laurie G. Cole, Edythe F. Kelleher, George E. Lovelace, Michael J. Polychrones, Maud F. Robinson, and Sydney H. Verinder. Also present were John H. Schoeberlein, Town Manager; Steven D. Briglia, Town Attorney; and Carol A. Orndorff, Town Clerk.

The invocation was offered by Councilman Michael J. Polychrones; followed by the Pledge of Allegiance to the Flag of the United States of America.

Noted for the record that prior to the Regular Meeting of Council, Mr. John Frey, Clerk, Circuit Court of Fairfax County, administered the Oath of Office to re-elected Members of Council, Mayor M. Jane Seeman, Council Members, Laurie G. Cole, Edythe F. Kelleher and Michael J. Polychrones.

APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 5, 2006 AND THREE PUBLIC HEARINGS OF JUNE 5, 2006.

It was moved for the approval of the Minutes of the Regular Council Meeting of June 5, 2006 and Three Public Hearings of June 5, 2006.

Motion: Cole
Second: Lovelace
Motion carried unanimously


RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC

Mrs. Lynn Sanderson, 314 George Street, S.W., addressed Council and indicated that at the previous meeting she had submitted a list of items within the Town which she felt needed consideration; and this evening she wished to add three items to that list. She indicted that the special pickup truck had been on George Street several days ago and picked up two loads however, left a third load which was picked up today; this was a waste of gas, time and man power. Mrs. Sanderson further spoke on observing a flat-bed rig on Mill Street blocking traffic last week; that it took three hours to get the rig off the street; the Town should have some way to get a fifteen ton wrecker to go on site for removal of such large vehicles blocking traffic. She further spoke on the “No Parking” sign on Locust Street between Park and Glyndon Streets, which people ignore; and felt that the motorists should be ticketed and towed, or the sign removed.


REPORT AND INQUIRIES OF COUNCIL MEMBERS

Councilman Polychrones indicated that at the request of the Mayor, he had looked into the matter of trolleys on Columbia Pike, which is a proposal being considered by Arlington County and Fairfax County. An entity, Columbia Pike Transit Alternative, otherwise known as the Pike Transit Initiative, was started by Arlington County to have some type of vehicle to move both people and traffic through that corridor. Fairfax County is now participating as a partner and a trolley system is being developed. Councilman Polychrones indicated that the web-site for the initiative is www.piketransit.com for those interested in viewing the last information on the matter. At present the trolley system is only being considered to serve Columbia Pike and its surrounding area.

Mayor Seeman stated she had received an inquiry as to such a system being utilized in this area, and she had asked Councilman Polychrones to look into the matter to see if it could be expanded out to our area; however, it appears there are no plans for this at this time.

Councilwoman Kelleher expressed her appreciation to the Town Clerk for the excellent Minutes which had been prepared from the June 5th meeting; three public hearings were a challenge and one very complex and felt acknowledgement should be made as to the excellent job which had been accomplished.

Councilwoman Robinson congratulated the Police Department for the outstanding job which all the officers had accomplished in keeping the traffic moving last week during the sanitary sewer line break on Maple Avenue.


REPORT OF THE TOWN MANAGER

None

REPORT OF THE MAYOR

Mayor Seeman stated she had received a phone call from Mr. Marshall Potter, Chairman of the Board of Zoning Appeals, who indicated that on Wednesday evening the Board was honoring Mr. Frank Lillis, former member of the Board at the beginning of their meeting. The Mayor stated the Board would be presenting a memorial plaque to Mrs. Joan Lillis in memory of Frank and for his many years of service. Mayor Seeman indicated that all Members of Council and the public were invited to attend the presentation. The Mayor indicated that she will be unable to attend as she was committed to attend the VDOT – Fairfax County meeting at Wolftrap Elementary School regarding the Beulah Road project.

Mayor Seeman reminded all present that the Vienna Volunteer Fire Department was holding its re-dedication and open house on Saturday, at 10:00 A.M.

Mayor Seeman reported on the Closed Session convened this date at 7:15 P.M. She stated the Closed Session was called for the purpose of conducting interviews with individual interested in appointment to Town Board and Commissions and of current existing vacancies; and that no other business had been conducted.

It was moved that the members of the Vienna Town Council be polled to affirm that during the Closed Session convened this date, June 19, 2006, interviews with individuals interested in appointment and/or reappointment consideration to Boards and Commissions, along with discussion of current vacancies took place. It was further moved that the Certification Resolution be adopted and executed in accordance with State Statutes, and the Town Clerk is authorized to execute the Certification Resolution. It was further moved that the Closed Session be continued to July 3, 2006 at 7:15 P.M. in accordance with Virginia Code Section 2.2-3711.A(7) for the purpose of discussion of matters relative to the sale and/or acquisition of Town property and matters relative to pending or potential litigation.

Motion: Kelleher
Second: Cole
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman

As noted above the Town Clerk conducted a Poll vote of the Members of Council and thereafter, executed the Certification Resolution. (Copy attached to Official Minutes.)

It was moved that Mr. Howard Springsteen be reappointed to the Transportation Safety Commission for a two year term of office. It was further move that said appointment is effective June 19, 2006 and will expire June 19, 2008. It was further move that Mr. Dan Dellinger be appointed to the Board of Architectural Review with term of office effective June 20, 2006 and to expire July 11, 2007. It was further move that Miss Francesca Tuazon be appointed as the Student Member of the Community Enhancement Commission for a one year term of office. It was further move that said term is effective July 1, 2006 and will expire June 30, 2007.

Motion: Kelleher
Second: Robinson
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman

It was moved that Mr. Robert Petersen be nominated to the Fairfax County Circuit Court for consideration for appointment to the Board of Zoning Appeals for a five year term of office.

Motion: Kelleher
Second: Polychrones
Carried unanimously – Poll vote

Voting aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman



PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA

Mayor Seeman announced that a letter of resignation from the Board of Architectural Review had been received from Mrs. Deborah Brehony and this item needed to be added to the Agenda.

It was moved to add as Item #23, acceptance of the letter of resignation received from Mrs. Deborah Brehony.

Motion: Mayor Seeman
Second: Polychrones
Carried unanimously


The Town Attorney, stated that he had presented to Members of Council, two proposed draft franchises with Verizon; one for telecommunications and a cable franchise. Mr. Briglia indicated he has continued to negotiate with representatives of Verizon, on several of the issues regarding location of the new fiber facilities, along with issues regarding the expired telecommunication franchise. He stated the drafts before Council are positive and substantive progress achieved during the week; the cable franchise is modeled after that of Fairfax County and gives the Town of Vienna citizens the same rights as the County citizens; the telecommunication franchise incorporates the facility location issues regarding where the new lines would go and in the future the undergrounding of lines on Maple Avenue. Mr. Briglia indicated that he would propose that Council go forward with the adoption of the Ordinance and if Council is amenable with the two new franchise agreements, Council could authorize them for public hearing advertisements, and if approved, adopt the telecommunication franchise, repeal the cable franchise as adopted this evening, and adopt the revised franchise.

It was moved to consider Agenda Item #19 after Agenda #7.
Motion: Lovelace
Second: Verinder

Carried unanimously


PUBLIC HEARING ON A PROPOSED CHANGE IN ZONING FROM C-1A, SPECIAL COMMERCIAL ZONE AND C-1B Pedestrian Commercial ZONE TO PR-PARK AND RECREATIONAL ZONE, AND SITE PLAN AND SITE PLAN MODIFICATION APPROVAL FOR THE VIENNA TOWN GREEN. FILE BY CATHERINE SALGADO, DIRECTOR OF PARKS AND RECREATION AND AGENT FOR THE TOWN OF VIENNA, AND THE NORTHERN VIRGINIA REGIONAL PARK AUTHORITY, OWNERS.

See Official Minutes attached.



REQUEST FOR APPROVAL OF THE CONTINUED USE OF FIVE (5) PUBLIC USE TRAILERS AT MARSHALL ROAD ELEMENTARY SCHOOL, ON PROPERTY LOCATED AT 730 MARSHALL ROAD, S.W. AND IN THE RS-16, SINGLE FAMILY DETACHED RESIDENTIAL ZONE. FILED BY JOHN SOUSER, ADTEK ENGINEERING, AGENT FOR FAIRFAX COUNTY PUBLIC SCHOOLS OWNER.

Mr. Greg Hembree, Director of Planning & Zoning, addressed Council and stated the Town Manager had issued a building permit on August 25, 2005 for the installation of two (2) trailers on the subject property to meet the exigent needs of the Fairfax County School District, with respect to enrollment numbers at Marshall Road Elementary School. This following the issuance of a permit in August, 2004 for three (3) trailers situated in the same area, generally described as the south half of the paved playground area on the east of the school buildings. Mr. Hembree continued by stating that in accordance with the new Public Use Trailer Temporary Manufactured Home Ordinance that was adopted in January 2005, this initial one-year approval must be following by a formal approval process as set out in Section 18-152.2A of the Town Code, which states “the Town council may approve for a period of up to three (3) years a Public Use Trailer or Temporary Public Use Manufactured Home upon finding that such installation complies with the applicable provisions of this Chapter and is consistent with the conditions of any permit for the principal use issued pursuant to Section 18-209.” Mr. Hembree concluded by stating that the presence of the trailers is consistent with the mission of educating elementary school aged children, and he has no reason not to recommend approval. Mr. Hembree introduced Mr. John Souser, Engineer from Adtek Engineering, Mr. Sonny Sarna, Agent from the Fairfax County Public Schools and Mr. Michael Kaye, Attorney, for the Fairfax County School Board.

Mr. Schoeberlein inquired of Mr. Hembree as to the date the application had been filed with the Town for approval of the additional trailers. Mr. Hembree stated the application had been filed this month, June, 2006. Mr. Schoeberlein stated that when requested in August, 2005 for approval of the additional trailers, approval was given with the understanding that the School Board immediately move to bring the matter before the Town Council for formal approval; it is now approximately one year later and he requested that the Town Council convey to the School Board that such delays is not acceptable to the Town.

Councilwoman Kelleher discussed with Mr. Hembree the time frame of approval and installation of the trailers since 2004.

Mr. Sonny Sarna, representing Fairfax County Public Schools, addressed Council stating that he was present to answer any questions the Council Members may have.

Mayor Seeman inquired as to what caused the delay from the time of installation of the additional two trailers to the time of application this month. Mr. Sarna indicated that it was his understanding the delay was cause by the new Town procedure and that certain staff members, including himself, did not understand the process; that basically the matter “fell through the cracks.” Mayor Seeman clarified with Mr. Sarna that the Public School Administration does have the Town Code provisions and understand the Town process, to which he responded in the affirmative. Upon further discussion with the Mayor, Mr. Sarna indicated that he was part of the team which handled school trailer needs in Vienna and hopefully, there would be no further misunderstandings.

Councilwoman Robinson inquired if the population of the County continues to grow and the number of children continues to increase, if there was any projection when construction of permanent space at the schools would take place. Mr. Sarna stated that the capacity at Marshall Road School has been exceeded by 35 students at this time, and what is planned in the CIP, seven to ten classrooms have been projected in approximately in FY2010/2011.

Councilwoman Cole stated that it was her understanding that the projected classrooms would be the modular type unit which is part of the Metro West Development.

Councilman Polychrones clarified with Mr. Sarna that the trailers being discussed were to handle current overcrowding expected this year, to which Mr. Sarna stated they were to handle the overcrowding of last year; however, they do not anticipate any additional need of trailers for the upcoming year.

Councilwoman Cole questioned if the trailers had fire escapes, to which Mr. Sarna indicated they were single-entry and exit trailers. Councilwoman Cole inquired if there was an emergency plan, with Mr. Sarna stating that he did not have those details however, the trailers do go through an approval process with the Fire Marshall’s Office. Further discussion took place re the number of students housed in each trailer, if the trailers were handicapped accessible, etc.

Mayor Seeman stated that one of the issues of concern with the Town is that trailers are installed prior to approval being obtained from the Town, when in fact, the Town receives the complaints from the parents, and the PTA. That she felt it must be strongly emphasized that in future, approval must be obtained prior to installation.

Councilwoman Robinson suggested that the Mayor send a letter to the School Board expressing the distress over what has occurred and that type of procedure must stop.

Councilwoman Cole discussed with Mr. Hembree the Certificate of Occupancy permit process and criteria that is employed.

Councilman Verinder discussed with Mr. Sarna the projection of the number of students in 2010 and the need for additional classrooms and placement on the property of the modular unit.

It was moved for approval of the request for continued use of five (5) Public Use Trailers at Marshall Road Elementary School, on property located at 730 Marshall Road, S.W., and in the RS-16, Single-family Detached Residential Zone, as filed by John Souser, Adtek Engineering, Agent for Fairfax County Public Schools, owner, with the limitation that the approval be for two (2) years and that the School District must come back at that time for further approval.

Motion: Cole
Second: Mayor Seeman
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman



NAMING OF THE NEIGHBORHOOD PARK LOCATED ON THE CORNER OF NUTLEY STREET AND KNOLL STREET, N.W.

It was moved for approval to name the neighborhood park located at the corner of Nutley Street, N.W. and Knoll Street, N.W. as Sara Walker Mercer Park.

Motion: Lovelace
Second: Robinson
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman

ADOPTION OF PROPOSED CABLE FRANCHISE TO VERIZON VIRGINIA, INC., TO INSTALL NEW VIDEO CABLE SERVICE FACILITIES IN THE TOWN OF VIENNA.

Mr. Briglia noted for the record that on-going negotiations are being conducted for both a cable franchise and a telecommunication franchise. He further stated that the drafts which he had distributed to Council Members contain a more aggressive build-out schedule than what is currently contained.

Mr. John Knapp, Director of Government Affairs, Verizon, Virginia, addressed Council and stated that he felt substantial progress had been made over the past two weeks in the negotiation process. He further stated that he felt progress had been made regarding the Vienna cable franchise as it would contain many of the same provisions as that of the County; and that progress on both the cable and the telecom franchise agreements has been going forth.

Mayor Seeman thanked Mr. Knapp for his willingness to continue in the negotiation process, as the Town wants what is best for the citizens, and being part of the County felt the same services should be provided to both.

Councilman Polychrones indicated that it was his understanding that the only part of Town which would not be included in the aggressive build-out would be in the southwest quadrant of Town, which is serviced by the Merrifield Service Center. Mr. Briglia indicated that most of Vienna would be serviced by what is referred to as the Vienna Service Center however, a small part of the southwest quadrant would be serviced by the Merrifield Service Center, which is being established; and under the Fairfax County franchise there is a less aggressive build-out schedule by that Center.

It was moved for adoption of the proposed cable franchise agreement to Verizon Virginia, Inc., to install new video cable service facilities in the Town of Vienna as approved at the Council Meeting of June 5, 2006.

Motion: Kelleher
Second: Lovelace
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman
It was moved that the Town Clerk be directed to advertise a Notice of Adoption.

Motion: Kelleher
Second: Mayor Seeman
Carried unanimously


AUTHORIZATION TO EXPEND APPROVED FISCAL YEAR 2006-2007 BUDGETED WATER AND SEWER FUNDS IN AN ESTIMATED AMOUNT OF $60,000.00 TO PURCHASE SENSUS WATER METERS FROM HUGHES SUPPLY, INC., AS A SOLE SOURCE SUPPLIER.

It was moved for approval to continue purchasing Sensus water meters from Hughes Supply, Inc., as a sole source supplier, and to expend approved FY 2006-2007 budgeted Water & Sewer funds in an estimated amount of $60,000.00.

Motion: Mayor Seeman
Second: Robinson
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman


REQUEST APPROVAL TO AWARD RFP 06-01 TO MOSELEY ARCHITECTS P.C., IN AN ESTIMATED AMOUNT OF $119,704.00 FOR ARCHITECTURAL ENGINEERING SERVICES FOR AN ASSESSMENT OF WORK SPACE NEEDS AND ASSOCIATED DESIGN SERVICES FOR THE POLICE DEPARTMENT HEADQUARTERS BUILDING.

Chief Robert Carlisle, addressed Council and spoke on the space issues relative to work areas, lack of storage areas, conference room inadequacy for meetings and briefings, training, interview, and evidence process rooms. Chief Carlisle then introduced Mr. Jay Moore, Vice President of Mosley Architects, who reviewed to scope of work that his firm would perform.

Mr. Moore then spoke on what a space needs assessments study would provide and the scope of specialty work his firm would provide. He stated his firm would identify, document, and analyze the information which is critical in order for the Town to make cost effective decisions regarding the facilities for the Police Department, not only for the present time but in the future. He then discussed the work to be performed under each segment of the study for benefit of Council.

Mayor Seeman and members of Council discussed the purpose of the study as it related to a function study or a people study, and the development criteria report which would be presented, along with anticipated time frame and costs for each segment of the study. Further discussion ensued relative to scope of work to be performed by Mosley Architects and that which is assigned out to sub-contractors. Further discussion took place that the work product would not contain construction specifications; it would contain a footprint, a general relationship of the interior spaces; that construction specifications would require additional costs.

Mayor Seeman indicated that she felt there were various areas within the RFP and the project that should be further explored and studied by the Town Council.

It was moved to defer decision on the award of RFP 06-01 at this time pending further review and consideration by the Town Council in Closed Session and Work Session.

Motion: Polychrones
Second: Lovelace
Carried unanimously


AUTHORIZATION TO AWARD RFP 06-03 TO WHITMAN, REQUARDT & ASSOCIATES, LLP, IN AN ESTIMATED AMOUNT OF $38,000.00, TO PROVIDE ENGINEERING SERVICES ON AN AS NEEDED BASIS.

It was moved for approval to award RFP 06-03 for engineering services on an as needed basis, to Whitman, Requardt & Associates, and to expend approved Fiscal Year 2006-2007 budgeted funds with an estimated cost of $38,000.00 with funding to come from the various project accounts for which work is accomplished.

Motion: Lovelace
Second: Robinson
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman


AUTHORIZATION TO APPROVE A PROPOSAL FROM WHITMAN, REQUARDT & ASOCIATES, LLP, IN AN ESTIMATED AMOUNT OF $29,992.00 FOR ENGINEERING AND DESIGN SERVICES FOR IMPROVEMENTS AT THE FREDERICK STREET AND NUTLEY STREET WATER BOOSTER PUMPING STATIONS.

It was moved for approval of the proposal for engineering services for the design of two packaged pumping systems for the Frederick Street and Nutley Street water booster pumping stations, from Whitman, Requardt & Associates, and to expend funds from the 2006 Bond Issue with an estimated cost of $29,992.00.

Motion: Lovelace
Second: Cole
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman


AUTHORIZATION FOR THE EMERGENCY PURCHASE OF TWO (2) SEWER EJECTOR PUMPS FROM GUNNELL & SONS, INC., IN AN ESTIMATED AMOUNT OF $20,475.00 FOR THE POLICE STATION, AND AUTHORIZATION TO EXPEND APPROVED FISCAL YEAR 2005-2006 BUDGETED FUNDS.

Upon question of Councilwoman Cole regarding emergency purchase regulations and the need for posting of such notice, the Town Attorney reviewed State Regulations and indicated that posting of such notification was not clearly defined however, he felt the notice could be posted on the day following the purchase award. Thereafter, discussion ensued regarding the procedures and the degree of emergency in this case.

It was moved for approval of the emergency purchase of two sewer ejector pumps from Gunnell & Sons, Inc., and authorization to expend approved FY 2005-2006 budgeted funds from the contingency reserve with an estimated cost of $20,475.00. It was further moved that said approval is contingent upon the Department of Public Works providing a written determination for the emergency and the posting of the proper notice of emergency purchase.

Motion: Verinder
Second: Mayor Seeman
Motion carried: 5/2

Voting Aye: Lovelace, Polychrones, Robinson, Verinder, Mayor
Seeman
Voting Nay: Cole, Kelleher


REQUEST AUTHORIZATION TO RIDE COMMONWEALTH OF VIRGINIA CONTRACT 9626902-60 WITH ABACUS CORPORATION FOR TEMPORARY EMPLOYMENT SERVICES, IN AN ESTIMATED AMOUNT OF $20,000.00.

It was moved for approval to ride Commonwealth of Virginia Contract 9626902-60 Temporary Employment Services, with Abacus Corporation of Richmond, Virginia, at a rate of $11.25 per hour for the Sanitation Division, and authorization to expend approved FY 2006-2007 budgeted funds with an estimated cost of $20,000.00.

Motion: Cole
Second: Kelleher
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman


REQUEST AUTHORIZATION TO RIDE COMMONWEALTH OF VIRGINIA CONTRACT 2000101-40 WITH SAFEWARE INC., IN AN ESTIMATED AMOUNT OF $17,000.00 TO PURCHASE CLOTHING, UNIFORMS, AND ACCESSORIES FOR THE DEPARTMENT OF PUBLIC WORKS.

It was moved for approval to expend approved FY 2006-2007 budgeted funds in an estimated amount of $17,000.00 under Commonwealth of Virginia Contract Number 2000101-40, Clothing, Uniforms and Accessories, awarded to Safeware, Inc.

Motion: Lovelace
Second: Robinson
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman

APPROVAL TO USE SAGRES CONSTRUCTION CORPORATION TO DO DRAINAGE IMPROVEMENTS ON CENTER STREET, SOUTH, IN AN ESTIMATED AMOUNT OF $246,041.25 AND USE CAPITAL IMPROVEMENT PROJECT BOND FUNDS FOR FUNDING.

It was moved to use designated CIP funds from the 1998 Bond Issue in the amount of $154,141.00 and the Spring 2006 Bond Issue in the amount of $110,000.00 for a total of $246,041.00 for Drainage Improvements and sidewalk construction on Center Street, South, with the work to be performed by Sagres Construction Corporation under IFB 05-10, Annual Contract for General Construction Services.

Motion: Cole
Second: Kelleher
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman

CONSENT AGENDA

16-1. #IFB 06-15 Printing/Mailing of Town Newsletter

#16-2. Renewal of IFB 04-08 for Tree Maintenance and Removal with Quality Tree Care in an amount not to exceed $25,000.00 for Fiscal Year 2006-2007.

#16-3. Request Authorization Continue Riding Fairfax County Contract BL-02-561966-23G/L/M, Original Equipment Manufacturer (OEM) Parts, Service and Warranty Work (Cars and Trucks) with (G) J. Koons Pontiac GMC Truck, Inc., (L) Ted Britt Ford Sales, Inc., and (M) Tyson’s Ford, Inc., and to expend Approved FY 2006-2007 Budgeted Funds with an estimated cost of $30,000.00.

#16-4. Request Authorization to Ride Fairfax County Contract BL05-774376-11A-B-C, Stone, Gravel and Sand to (A) Chantilly Crushed Stone, Inc., (B) Loudoun Quarries, a division of chantilly Crushed Stone, and (C) Vulcan Construction Materials Co., I.P., and expend FY 2006-2007 Budgeted Funds with an estimated cost of $24,000.00.

#16-5. Authorization to Continue Riding Council of Governments (COG) Contract IFB C-15803/MDS with Washington Metropolitan Area Transit Authority (WMATA) as the lead jurisdiction for the cooperative purchase of Diesel Fuel, from Mansfield Oil Company, and to expend approved FY 2006-2007 Budgeted Funds with an estimated cost of $90,000.00.

#16-6. Approval to Continue to ride Fairfax County Contract BL03-639151.23A as the led jurisdiction for the cooperative purchase of tires and tubes, and to expend approved FY 2006-2007 Budgeted Funds with an estimated cost of $25,000.00.

#16-7. Approval to expend approved FY 2006-2007 Budgeted Funds under Commonwealth of Virginia Contract Number 2850006-40 for the cooperative purchase of Industrial Supplies, HVAC Supplies and Lamps from W. W. Grainger, Inc., of Richmond, Virginia, with an estimated cost of $15,400.00.

#16-8. Authorization to expend approved FY 2006-2007 Budgeted Funds under Arlington County, Virginia Contract IFB 418-04 for Underground Utility Marking, to Double H Locates LLC, with an estimated cost of $70,800.00.

#16-9. Authorization to ride Town of Herndon Contract IFB 06-86-001 with Rish Equipment Co., to purchase One Leeboy 5000 Series Pathmaster Asphalt Paver for FY 2005-2006 as a replacement vehicle, in an estimated amount of $62,319.00.

#16-10. Authorization to continue riding Fairfax County Contract BL04-711257-23A with Shannon Baum Signs, and expend approved FY 2006-2007 Budgeted Funds for Traffic Signs, etc., in an estimated amount of $15,000.00.


It was moved for approval of items as presented by the Department of Public Works, the Department of Parks and Recreation, and the Public Information Officer, and contained in this Consent Agenda and designated as items numbered #16-1, #16-2, #16-3, #16-4, #16-5, #16-6, #16-7, #16-8, #16-9, and #16-10.

Motion: Polychrones
Second: Robinson
Carried Unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman


SET DATE FOR PUBLIC HERING ON PROPOSED AMENDMENTS TO THE TOWN CODE, CHAPTER 23, EROSION AND SILTATION CONTROL, ARTICLES 1, IN GENERAL, AND 2, STANDARDS AND REGULATIONS, IN ORDER TO CONFORM WITH AMENDMENTS TO THE VIRGINIA EROSION AND SEDIMENT CONTROL HANDBOOK, THIRD EDITION.

It was moved that a Public Hearing be set for July 3, 2006 on the proposed amendments to the Town Code, Chapter 23, Articles 1, In General and 2, Standards and Regulations, Erosion and Siltation Control. It was further moved the Town Clerk is authorized to advertise Notices of Public Hearing.

Motion: Robinson
Second: Polychrones
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman



ADOPTION OF WATER AND SEWER RATES FOR THE FISCAL YEAR BEGINNING JULY 1, 2006.

It was moved for the adoption of the water and sewer rates proposed for Fiscal Year 2006-2007, being $3.44 per thousand gallons of water for in-town users, $3.82 per thousand gallons of water for out-of-town users and $4.54 per thousand gallons of sewer service for all users. It was further moved the Town Clerk is directed to advertise a Notice of Adoption.


Motion: Cole
Second: Robinson
Motion carried: 5/2 – Poll vote

Voting Aye: Cole, Lovelace, Polychrones, Robinson, Mayor
Seeman
Voting Nay: Kelleher, Verinder


ACCEPTANCE OF LETTER OF WITHDRAWAL FROM MR. STEELE KNUDSON AS AN APPOINTEE TO THE TRANSPORTATION SAFETY COMMISSION.

It was moved to accept the letter of withdrawal received from Mr. Steele Knudson as a member of the Transportation Safety Commission effective this date, June 19, 2006.

Motion: Mayor Seeman
Second: Lovelace
Carried unanimously




ACCEPTANCE OF LETTER OF RESIGNATION FROM MR. EDWARD R. UMBRELL FROM THE PLANNING COMMISSION.

It was moved to accept the letter of resignation received from Mr. Edward R. Umbrell effective June 24, 2006. It was further moved the Mayor is authorized to present Mr. Umbrell with a Certificate of Distinguished Service in appreciation for his service to the Town.

Motion: Mayor Seeman
Second: Polychrones
Carried unanimously


APPOINTMENT OF TOWN OFFICIALS.

It was moved for the reappointment of the following Town Officials for Fiscal Year 2006-2007: John H. Schoeberlein as Town Manager and Steven D. Briglia as Town Attorney, pursuant to contractual agreements between the Town of Vienna and John H. Schoeberlein for managerial services and Steven D. Briglia for legal and prosecuting services. It was further moved for the reappointment of Philip R. Grant as Town Treasurer.

Motion: Lovelace
Second: Polychrones
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman



It was moved for the reappointment of Carol A. Orndorff, as Town Clerk for Fiscal Year 2006-2007.

Motion: Lovelace
Second: Kelleher
Motion carried: 6/1 Abstention
Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Robinson, Verinder,
Mayor Seeman
Abstaining: Polychrones


ACCEPTANCE OF LETTER OF RESIGNATION FROM DEBORAH BREHONY FROM THE BOARD OF ARCHITECTURAL REVIEW.

It was moved to accept the letter of resignation from the Board of Architectural Review received from Mrs. Deborah T. Brehony, effective this date. It was further moved the Mayor is authorized to present a Certificate of Service to Mrs. Brehony on behalf of the Town.

Motion: Mayor Seeman
Second: Robinson
Carried unanimously




It was moved to adjourn.

Motion: Robinson
Second: Cole
Carried unanimously


The Regular Meeting of Council adjourned at 10:15 P.M.





PUBLIC HEARING

PROPOSED CHANGE IN ZONING FROM C-1A, SPECIAL COMMERCIAL ZONE AND C-1B, PEDESTRIAN COMMERCIAL ZONE, TO PR-PARK AND RECREATIONAL ZONE; AND SITE PLAN AND SITE PLAN MODIFICATION, APPROVAL FOR THE VIENNA TOWN GREEN. FILED BY CATHERINE SALGADO, DIRECTOR OF PARKS AND RECREATION AND AGENT FOR THE TOWN OF VIENNA, AND THE NORTHERN VIRGINIA REGIONAL PARK AUTHORITY, OWNERS.

June 19, 2006

The Town Council held a duly advertised public hearing on the above cited change in zoning on Monday, June 19, 2006, in the Council Room of the Town Hall, 127 Center Street, South. Mayor M. Jane Seeman, called the hearing to order with the following members of Council present: Laurie G. Cole, Edythe F. Kelleher, George E. Lovelace, Michael J. Polychrones, Maud F. Robinson, and Sydney H. Verinder. Also present were John H. Schoeberlein, Town Manager; Steven D. Briglia, Town Attorney; and Carol A. Orndorff, Town Clerk.


Mrs. Catherine Salgado, Director of Parks & Recreation addressed Council, and stated the Town Green will incorporate two parcels currently owned by the Town of Vienna and a portion of the Washington & Old Dominion (W&OD) Trail Park, into a 2.235 acre central park tract bounded by Maple Avenue, East, Church and Mill Streets, N.E., and Vienna’s commercial core. The facility will expand the grounds that surround the existing Freeman House and Store and Original Public Library building; it will add two new gathering spaces and connect the entirety of the site with a winding walkway that will be known as the “Town Green Allee.” Mrs. Salgado, along with the Architect, presented a visual rendering of the proposed park, indicating the various locations of its elements such as the plaza, water feature/fountain, amphitheater and staging area, restrooms and storage. Also presented were the various elements of landscaping, lighting, public street improvements along Mill Street, and location of parking spaces

Councilwoman Cole discussed with Mrs. Salgado the walkway width and substance and clarified that it was wheelchair accessible.

Councilman Lovelace discussed location of the WiFi terminal location(s).

Councilwoman Kelleher requested that the site plan modification be addressed. Mrs. Salgado indicated it was for the setback of the restroom location; this was due to location of underground utilities and parking.

Mr. Greg Hembree, Director of Planning & Zoning provided Council with an overview of the public hearing conducted by the Planning Commission regarding the Town Green. Mr. Hembree stated the Planning Commission recommended approval of the requested change in zoning, site plan and site plan modification, by three separate motions; change in zoning and site plan on a vote of 9-0 and 9-1 on the site plan modification.


Mayor Seeman discussed with Mrs. Salgado the proposed widening of Mill Street at the intersection.

Mayor Seeman inquired if anyone in the audience desired to speak on the proposed Town Green change in zoning, site plan and site plan modification. Noted for the record there were none.



It was moved to close the Public Hearing.

Motion: Polychrones
Second: Robinson
Carried unanimously – Poll vote
Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman

It was moved for approval of a proposed change in Zoning from C-1A, Special Commercial Zone and C-1B, Pedestrian Commercial Zone, to PR-Park and Recreational Zone and the Site Plan and Site Plan Modification requests for the Vienna Town Green a proposed Downtown Vienna Park Facility located at 144 Maple Avenue, East.

Motion: Polychrones
Second: Robinson
Carried unanimously – Poll vote

Voting Aye: Cole, Kelleher, Lovelace, Polychrones, Robinson,
Verinder, Mayor Seeman




The Public Hearing adjourned at 8:35 P.M.

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