Minutes

REGULAR COUNCIL MEETING
JULY 3, 2006


The Town Council met in regular session on Monday, July 3, 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 Councilwoman Edythe F. Kelleher; followed by the Pledge of Allegiance to the Flag of the United States of America.

APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 19, 2006 AND ONE PUBLIC HEARING OF JUNE 19, 2006.

It was moved for the approval of the Minutes of the Regular Council Meeting of June 19, 2006 and One Public Hearing of June 19, 2006.

Motion: Cole
Second: Robinson
Motion carried unanimously




RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC

Mr. Ron Gecan, 717 Marshall Road, S.W. addressed Council and spoke on the flooding which had taken place at his home, and on the properties of other residents located in the same area, resulting from the heavy rains which had occurred the previous weekend. He stated there is a culvert located in his backyard installed by the previous owner; there is also the drain pipes located at the corner of Nutley Street and during heavy rains the water backs up from the drain pipes; in essence, the water level exceeds the drain pipe capacity. Mr. Gecan requested assistance in the solving of the drainage issue, which he understands could involve Fairfax County.

Mayor Seeman discussed the location of the drain pipes and the drainage basin on the other side of Nutley Street.

Councilman Lovelace commented that from his observation the major problem was with the capacity of the pipes; that resolution may involve participation with Fairfax County and the State to achieve an analysis of the capacity of the pipe and drainage basin, as many new homes have been added since its original construction.

Mr. Wilson McCarthy, 1001 Delilah Drive, S.W., and Ms. Dorothy Kraft, 715 Marshall Road, S.W., indicated their properties/homes have also experienced flooding.

Mayor Seeman stated that she would have the Department of Public Works begin investigation and contact with the County.

Mrs. Collette Thomas, 410 Cynthia Lane, S.W., addressed Council and spoke of the wall which had been installed approximately twenty years ago to separate the residential properties from that of the Church in the rear of her property; that now the wall is collapsing and in need of repair. Mrs. Thomas also stated her property was experiencing water drainage from Beulah Road and Cynthia Lane which flows through her property to the pond located on the Church property.

Councilman Lovelace indicated that he had viewed the property and understood that Mrs. Thomas was requesting the Town to repair the drainage structure which allows the drainage erosion on her property.

Upon discussion of the drainage problems, Councilman Lovelace requested that the Department of Public Works provide the necessary repair work at the location of the drainage structure.

Mr. John Ball, 257 Lawyers Road, N.W., requested a clarification of the Town Code relative to location of carports and the Board of Zoning Appeals ruling against his request for an enclosed carport.

Upon discussion, Mayor Seeman invited Mr. Ball to meet with her, the Town Manager, and Planning & Zoning staff, to review his request, the location of his carport and the ruling of the Board of Zoning Appeals.


REPORT AND INQUIRIES OF COUNCIL MEMBERS

None


REPORT OF THE TOWN MANAGER

Mr. Schoeberlein indicated that the final report on the noise attenuation measures installed at the Beulah Road Town owned property had been completed, and that the results would be posted on the Town web page on Wednesday morning.

Mayor Seeman stated that she had sent an e-mail to the President of the Northeast Vienna Citizens Association, indicating the report was available, which he could disseminate to the membership of the Association.

REPORT OF THE MAYOR

Mayor Seeman stated that on July 13, 2006 at 7:30 P.M. in Town Hall, VDOT would be meeting with the Town and the residents to review the plans for the Beulah Road reconstruction project utility placement. She stated that letters are being sent to residents of Beulah Road, McKinley, John Marshall and Glyndon Streets regarding the project and the proposed traffic route.

Mayor Seeman distributed to the re-elected Town Council Members, the Town Certificates of Election.

Mayor Seeman reported on the Closed Session convened this date at 7:15 P.M., stating the meeting had been called for the specific purpose of conducting the Town Council Annual Organization Meeting, along with a discussion of matters relative to the sale or acquisition of real property; and matters of potential litigation with the Town Attorney. She indicated that no other business had been discussed.

It was moved that the members of the Vienna Town Council be polled to affirm that during the Closed Session convened this date, July 3, 2006, the Town Council conducted its annual organizational meeting for Fiscal Year 2006-2007, along with discussion regarding the potential acquisition or sale of real property and matters of potential litigation. 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 August 21, 2006 at 7:15 P.M., in accordance with Virginia Code Section 2.2-3711.A(1) for the purpose of discussing matters of personnel, specifically the conducting of interviews with individuals interested in appointment and/or reappointment to Town Boards and Commissions.

Motion: Kelleher
Second: Mayor Seeman
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 the following members of Council be appointed to the specified Local Committees for Fiscal Year 2006-2007: Northern Virginia Regional Commission, Mayor Jane Seeman; Town Employee Retirement Committee, Councilwoman Maud Robinson; Representative to the Fairfax County Board of Supervisors, Councilman Mike Polychrones; Representative to the Providence District Advisory Committee, Councilwoman Laurie Cole; Representative to the Hunter Mill Land Use Committee; Councilwoman Edythe Kelleher; Representatives to the Northern Virginia Regional Park Authority, Councilwoman Laurie Cole and Councilman Syd Verinder; Community Appearance Alliance, Councilman George Lovelace. It was further moved that the following individuals be appointed to the Town Charter Committee for Fiscal Year 2006-2007: Mayor Jane Seeman, Chairman; Town Manager, John Schoeberlein; Town Attorney, Steve Briglia; and all Members of Council. It was further moved that Councilman Mike Polychrones be appointed as Mayor Pro Tempore for Fiscal Year 2006-2007.

Motion: Kelleher
Second: Robinson
Carried unanimously – Poll vote

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



PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA

None

Mayor Seeman indicated that hearing no objection, she would move Item #20 up to the beginning of the Agenda.



APPROVAL OF BRIAN BEDELL APPRECIATION DAY PROCLAMATION.

Mike Ryan, Vice President, stated the Brian Bedell 2-Young Foundation, was founded to promote brain cancer research, in the name of Brian Bedell, who passed away in 2006. Mr. Ryan stated that Brian was a native of Vienna, Virginia, and the foundation was sponsoring a Northern Virginia Wiffle Ball World Series to raise funds to go entirely to brain cancer research in Brian’s name. Along with Mr. Ryan, Amy Bedell, Brian’s wife, and Chris Goodwin, one of the Directors of the Foundation were also present. Mr. Ryan, and Amy Bedell, thanked the Mayor and the Members of Council for the support which had been given and for the Proclamation. Mr. Ryan stated the Wiffle Ball World Series would be held on August 19, 2006, beginning at 9:00 A.M., at Waters Field, and he invited all to come out to the event.

It was moved for the approval of the Brian Bedell Appreciation Day Proclamation as drafted.

Motion: Cole
Second: Polychrones
Carried unanimously




PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE TOWN CODE, CHAPTER 23 EROSION AND SILTATION CONTROL, ARTICLES 1 (IN GENERAL) AND 2, (STANDARDS AND REEGULATIONS.)

See Official Minutes attached.



REQUEST FOR APPROVAL OF A FINAL PLAT AND A WAIVER FROM CERTAIN SUBDIVISION REQUIREMENTS, INCLUDING THE INSTALLATION OF CURB, GUTTER AND SIDEWALK, FR THE RESUBDIVISION OF THE JOHN MARSHALL PROPERTY, LOCATED IN THE 600 BLOCK OF BEULAH ROAD, N.E., FILED BY JOHN SEKAS.

Mayor Seeman indicated that the Town did receive this date, the recommendations of the Planning Commission on the proposed subdivision. (Copy contained in Official File.)

Mr. Brian Deege, representing Sekas Development, addressed Council and stated the development comprised of 2.79 acres (121,589 square feet) situated on the west side of Beulah Road, N.E., between its intersection with McArthur Avenue, N.E. He stated the RS-12.5 zoned parcel is comprised of two separate tracts, one 2.99 acres in size, the other 1.8 acres, and contains two existing single family dwellings a variety of outbuildings and significant vegetation. Mr. Deege stated that Sekas Homes proposes to remove all existing improvements and resubdivide the two existing parcels into seven (7) single family home sites ranging from 13,341 to 17,456 square feet in area. Mr. Deege stated the subdivision is a by-right proposal with two waivers being requested. He continued by stating that four of the proposed homes are situated around a cul-de-sac bulb that represents the extension of existing John Marshall Drive, N.E., onto the subject tract; the three remaining homes will front directly onto Beulah Road, N.E., and will provide on-site driveway turnaround areas. Further, 15,651 square feet will be dedicated for Beulah Road, N.E., and the John Marshall Drive cul-de-sac. On-site drainage will be conveyed along John Marshall Drive through a series of pipes that begin their run in the rear yards of Lots 1 and 2; an underground detention facility with metered flow will be placed between proposed structures 5 and 7 and generally along the common side lot line for Lots 5 and 6 of the proposed subdivision. Mr. Deege distributed to Council Members brochures regarding the project, prior to addressing the specifics of the proposed subdivision. He stated the requested waivers from the Town Code were relevant to Section 17-36 Projection of Streets; rather than put John Marshall Drive through to Beulah Road, they would propose to end John Marshall Drive into a cul-de-sac. By creating a cul-de-sac a less impervious area is provided and lessens the storm water runoff, more green space and larger lots for the home sites. Mr. Deege indicated that Mr. Sekas had spoken with many of the surrounding neighbors who had indicated their preference for a cul-de-sac rather than a connecting street for cut-through traffic. He stated the second waiver being requested was relative to a waiver of curb, gutter and sidewalk along the Beulah Road section only; they do plan on providing the public improvements along the cul-de-sac, and extending down to McKinley Drive; but given the fact that Beulah Road is proposed for an improvement project in the near future, it is not prudent to install curb, gutter and sidewalk at this time. Sekas Homes will dedicate the funds for the curb, gutter and sidewalk on Beulah Road to the Town to be used at its discretion towards other projects. He further stated the project meets all storm water requirements; with post development runoff less than pre-development.

Councilwoman Kelleher questioned the Town Attorney relative to the waiver request to provide a cul-de-sac at John Marshall Drive, when the Comprehensive Plan does indicate that the street will be connected. Mr. Briglia indicated that what is listed on the Comprehensive Plan is what the Town would like to see; along with what the Town has with existing right-of-way. She questioned if a waiver was appropriate when not following a provision of the Comprehensive Plan under the Statutes of the State of Virginia. Mr. Briglia indicated this was not a zoning waiver; the requested waiver is from an aspirational indication on the Comprehensive Plan; he would research the matter further however, he did not feel it would require an amendment to the Comprehensive Plan.

Councilwoman Robinson questioned the Department of Planning and Zoning representative, if any discussion was addressed by the Planning Commission specifically directed to John Marshall Drive. Mrs. Linnea Fechter, Planner, responded she would have to review the Minutes of the Planning Commission however, she had looked at the Comprehensive Plans from 1979 through 2005, and the first indication regarding John Marshall becoming a through street was in 1995; and that there is no dedicated right-of-way for this purpose.

Councilwoman Cole discussed with Mr. Deege the storm drainage inlet placements and water line easements, and requested that he comment on this aspect. Mr. Deege stated that one of the largest problems faced by developers is runoff between one lot and another; they could put the runoff facilities at the street which would make it more accessible however, it would require above ground drainage swales and above ground water running from one lot to another; that the placement of the inlets inside of the yards would eliminate the above ground water drainage from one lot to another. Councilwoman Cole inquired of Mrs. Santiago if she was knowledgeable of the position of the Department of Public Works relative to the placement of the drainage inlets, to which she indicated that did not have that information. The Town Manager gave an overview of the Minutes of the Planning Commission and the testimony of the Department of Public Works representative relative to access and inlet placement. He stated the Town would prefer to have the inlets near the street location for better access; the Council must determine the best course of action, better access or prevention of future problems between the homeowners; it becomes a design issue. The Town Manager presented a Memorandum from Engineer, Holly Chu of the Department of Public Works to the Department of Planning and Zoning, dated May 3, 2006 concerning the issues, indicating the necessary easement for the underground storm water management facility, which occupies five of the seven lots, and the fact that future homeowners may build fences, plant landscaping, etc. which will create accessibility problems for the Town and the occupants in the future. Councilwoman Cole expressed that she felt the Town faced a trade-off, being the Town going on the property to see if the inlets are clear and the maintenance of the swales and trenches by the homeowners; its one maintenance versus another. Councilwoman Cole further discussed the fifteen foot water line easement along the property line between Lot 2 and Lot 3, which a future homeowner might want to construct a fence, and questioned if this could be realigned, to which Mr. Deege stated that he would have to refer this to their engineer for evaluation; but felt it could be realigned and that technically, a homeowner is not allowed to build anything on an easement.

Mayor Seeman inquired if anyone in the audience wished to speak on the proposed subdivision. She indicated that in reading the Minutes of the Planning Commission, several residents did express their opposition to the cutting through of John Marshall Drive to Beulah Road.

Councilman Verinder expressed that he felt additional information was needed prior to making a decision, such as the issues of the Comprehensive Plan.

It was moved to defer decision on the Final Plat of the John Marshall Property located in the 600 Block of Beulah Road until the next Regular Meeting of the Town Council on August 21, 2006.

Motion: Verinder
Second: Polychrones
Carried unanimously – Poll vote

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


Discussion ensued relative to the necessity or process that may be necessary relative to the Comprehensive Plan and the current designation that John Marshall should be a through street. The Town Attorney indicated that he would research the State Statutes and prepare a memorandum for Council information.

Councilman Lovelace indicated that he felt as a policy issue Council may wish to review the rationale as to drainage facilities location; whether it should be located on private or public property.



REQUEST FOR APPROVAL OF A FINAL PLAT FOR THE RESUBDIVISION OF THE REYNOLDS PROPERTY, LOT 15, WINDOVER HEIGHTS, LOCATED AT 350 NUTLEY STREET, N.W., FILED BY GEOENY ENGINEERING, AGENT FOR OWNER DORIS REYNOLDS.

Mr. Ibrahim Chehab, Engineer, GeoEnv Engineers, was present on behalf of the applicant. He stated the applicant desires to resubdivide the lot into three lots ranging in size from 13,028 square feet to 15,996 square feet, with the larger parcel to be reserved for the existing dwelling of Mrs. Reynolds. The parcel is quite flat in a topographic sense, and the subdivision plans are in full compliance with the Town Code with respect to setbacks, lot coverage, etc. An extensive landscape plan has been prepared to ensure that the existing and proposed vegetation will comply with the minimum 20 percent requirement set forth in the Town Code; with proposed additional plantings to increase the overall tree coverage to 9,200 square feet. Mr. Chehab further stated that public improvements of curb, gutter and sidewalk adjoining the subject tract are currently installed and require no modification other than the removal of any driveway aprons that do not line up with proposed construction activities. Further, infiltration trenches on each lot will be installed to meet the increased runoff that will occur as a result of the subdivision.

Discussion took place relative to the location of the infiltration trenches and access for purposes of maintenance.

Mr. Briglia stated that language had been incorporated in the Deed of Subdivision and on the Plat, relative to the storm water easement for maintenance access.

Mayor Seeman inquired if anyone in the audience desired to speak on the proposed subdivision. Noted for the record there were none.



It was moved for approval of the proposed Final Plat for the resubdivision of the Reynolds Property, Lot 15, Windover Heights, located at 350 Nutley Street, N.W., proposed new addresses to be 346, 350 Nutley Street, N.W., and 512 Orchard Street, N.W., in the RS-12.5 Single-Family Detached Residential Zone and as filed by GeoEnv Engineers, agent for Doris L. Reynolds, owner.

Motion: Polychrones
Second: Kelleher
Carried unanimously – Poll vote

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



REQUEST FOR CERTAIN SITE PLAN MODIFICATIONS AND A WALL WAIVER REQUEST FOR CURTIS PARK PLAZA, A PROPOSED EXPANSION OF AN EXISTING RETAIL/OFFICE CENTER ON PROPERTY LOCATED AT 131-147 PARK STREET, S.E., FILED BY PACIULLI, SIMMONS AND ASSOCIATES.

Mr. Jeff Lewis, Architect, DBI Architects, representing the applicant, addressed Council and stated the Cutis Park Plaza is a 9,836 square foot single story retail center, constructed in the mid-1970s. He further stated the applicant plans to renovate the building to have a residential look with a serpentine decorative wall adjacent to the medical building next door. The proposed addition will be 4800 square feet in size and located to the southern end of the building; the front of the existing building will be renovated in keeping with a residential look; incorporating a slate shake asphalt roof, a deeper colonnade to protect patrons coming into the stores, a brick front, and increased green space in front of the existing center and adjacent to the residential zone. Mr. Lewis stated the expansion of the Park Plaza retail center will be across the C-1 Commercial lot onto the adjacent Transitional lot. He further reviewed the proposed renovation plan on a display rendering for benefit of Council; indicating parking areas, wall placement and structure design.

Mayor Seeman and members of Council thereafter, discussed with Mr. Lewis the requested waivers relative to lot coverage, off-street parking, landscaping, parking between the building line and the street, loading dock space, and masonry screen wall.

Councilwoman Cole further discussed with the applicant the lot coverage and permitted uses to be conducted in the Transitional and Commercial Zones.

Mayor Seeman entered the Planning Commission Memorandum of recommendation dated July 3, 2006, into the Official record. (Copy retained in Official file.)

Councilman Verinder discussed with Mr. Lewis the proposed parking locations and number of spaces, along with ingress and egress to and from the site.

During discussion relative to the parking locations and proposed number of spaces, Councilwoman Cole inquired if the parking in the rear could be designated for employees. Mrs. Fechter, Planner, responded in the affirmative. Mr. Lewis indicated that he felt the property owners would be amenable to that suggestion.

Thereafter, discussion ensued on each of the remaining waiver requests, along with location of the dumpster, rear wall height and on-site lighting.

Mayor Seeman inquired if anyone present desired to speak on the proposed plan for the Curtis Park Plaza. Noted for the record there were none.


It was moved for approval to permit lot coverage of 74 percent in the T-zoned potion of the subject parcel as opposed to the maximum of 25 percent as specified in Section 18-68E of the Town Code.

Motion: Polychrones
Second: Mayor Seeman
Motion carried: 4/3 – Poll vote

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




It was moved for approval to permit off-street parking along the front and sides of the proposed building in the T-Zone as opposed to behind the building as required in Section 18-136. It was further moved that rear parking be designated as employee parking only.

Motion: Polychrones
Second: Mayor Seeman
Motion carried: 5/2 – Poll vote

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




It was moved for approval to permit front yard landscaping at 21 percent as opposed to the minimum landscaped area of 25 percent as required in Section 18-75.1.G.

Motion: Polychrones
Second: Cole
Motion carried: 6/1 –Poll vote

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




It was moved for approval to allow parking at a distance of 9 feet from the front property line as opposed to the 15 foot minimum as required by Section 18-131.

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

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




It was moved for approval to permit a loading space width of 46.7 feet as opposed to the minimum width of 60 feet as required by Section 18-132 in the Town Code.

Motion: Polychrones
Second: Mayor Seeman
Motion carried: 4/3 – Poll vote

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





It was moved for approval of a wall waiver request for approximately 446 feet of masonry screen wall in those heights and locations as depicted on the site plan as opposed to the 516 feet of 6 foot tall masonry screen wall as required by Section 18-172 of the Town Code.

Motion: Polychrones
Second Mayor Seeman
Motion carried: 5/2 –Poll vote

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





APPROVAL OF SIGNAGE FOR “CHURCH STREET PILATES” LOCATED AT 144 CHURCH STREET, N.W., FILED BY DOUG D’ALEXANDER AND STEVE BUKONT, OF WEDDERBURN HOMES.

It was moved for approval of signage for Church Street at 144 Church Street, N.W., in the C-1B Pedestrian Zoning District, in accordance with Chapter 18, Zoning, Sections 18-87 through 18-87.6, with the understanding that the façade sign will be reinforced with a continuous metal band around the outer edge of the sign as prescribed in the Ordinance.

Motion: Robinson
Second: Kelleher
Carried unanimously – Poll vote

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





APPROVAL OF SIGNAGE FOR FAIRFAX TAI CHI, LOCATED AT 144 CHURCH STREET, N.W., FILED BY DOUG D’ALEXANDER AND STEVE BUKONT OF WEDDERBURN HOMES.

It was moved for approval of signage for Fairfax Tai Chi, LLD at 144 Church Street, N.W. in the C-1B Pedestrian Zoning District, in accordance with Chapter 18, Zoning Sections 18-87.4 through 18-87.6, with the

understanding that the façade sign will be reinforced with a continuous metal band around the outer edge of the sign as prescribed in the Ordinance.

Motion: Robinson
Second: Kelleher
Carried unanimously – Poll vote

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




RECOMMENDATION TO AWARD IFB #06-14, VIENNA TOWN GREEN CONSTRUCTION TO SUMTER CONTRACTING CORPORATION IN AN ESTIMATED AMOUNT OF $1,486,209.00.

It was moved for approval to award IFB #06-14, Vienna Town Green Construction to Sumter Construction Corporation, in the amount of $1,486,209.00.

Motion: Cole
Second: Polychrones
Carried unanimously – Poll vote

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




PAYMENT TO DOMINION VIRGINIA POWER FOR THEIR COST OVERRUNS IN WORKING ON THE MAPLE AVENUE ENHANCEMENT PROJECT, PHASES 2 AND 3, IN THE AMOUNT OF $111,000.00.

It was moved for approval of the final payment to Dominion Virginia Power for Maple Avenue Phase 2 and 3, in the amount of $111,000.00 from an account to be determined by the Finance Director.

Motion: Lovelace
Second: Robinson
Carried unanimously – Poll vote

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




AUTHORIZATION TO EXPEND APPROVED FISCAL YEAR 2006-2007 BUDGETED FUNDS FOR ENGINEERING SERVICES FOR DEVELOPMENT OF THE TOWN’S WATER SYSTEM HYDRAULIC MODEL, AND EVALUATION OF THE INITIAL DISTRIBUTION SYSTEM WITH AN ESTIMATED COST OF $39,805.00.

It was moved for approval of the proposal for Engineering Services for Phase 1, Development of the Town’s Hydraulic Model, with an estimated cost of $17,858.00 and Phase 2, Initial Distribution System Evaluation, with an estimated cost of $21,947.00 as proposed by Whitman, Requardt & Associates, and to

expend funds coming from the Water and Sewer Reserve Fund and to be transferred to the Departmental Engineering Account, as determined by the Director of Finance.

Motion: Lovelace
Second: Cole
Carried unanimously – Poll vote

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




AUTHORIZATION TO EXPEND ADDITIONAL APPROVED FISCAL YEAR 005-2006 BUDGETED FUNDS UNDER CONTRACT IFB #03-05, Manhole Riser Rings, to East Jordan Iron Works, Inc., with an estimated cost of $6,487.00.

It was moved for approval to expend additional Fiscal Year 2005-2006 budgeted funds in an estimated amount of $6,486.79, for Contract IFB #03-05, with East Jordan Iron Works, Inc., for Manhole Riser Rings.

Motion: Polychrones
Second: Robinson
Carried unanimously – Poll vote

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




AUTHORIZATION TO EXPEND APPROVED SIDEWALK AND DRAINAGE FUNDS FOR AN ENGINEERING SERVICES PROPOSAL FOR IMPROVEMENTS TO COURTHOUSE ROAD; REPAIR OF A FILED CULVERT WING WALL ON ACCOTINK CREEK; AND CURB, GUTTER AND SIDEWALK BETWEEN NUTLEY STREET AND MOOREFIELD ROAD, TO WHITMAN, REQUARDT AND ASSOCIATES, LLP, IN A PROPOSED ESTIMATE OF $28,700.00.

It was moved for approval of the engineering services proposal submitted by Whitman, Requardt and Associates, in an estimated total amount of $28,700.00 for improvements to Courthouse Road (evaluation of failed culvert wing wall and erosion at a tributary of Accotink Creek under Courthouse Road, and design of curb, gutter and sidewalk on the south side of Courthouse Road between Nutley Street and Moorefield Road), with funding to come from the Sidewalk and Drainage Fund.

Motion: Cole
Second: Robinson
Carried unanimously – Poll vote

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







AUTHORIZATION TO EXTEND IFB #05-10, ANNUAL CONTRACT FOR GENERAL CONSTRUCTION SERVICES, TO SAGRES CONSTRUCTION CORPORATION WITH AN ESTIMATED COST OF $4,471,434.00 OVER THE TERM OF THE CONTRACT.

It was moved for approval to extend IFB #05-10, Annual Contract for General Construction Services, to Sagres Construction Corporation, for the first (1st) of four (4) possible one year extensions, with an estimated cost of $4,471,434.00 over the term of the contract, and funding to come from various Capital Improvement Project (CIP) and General Funds as determined by the Director of Finance and the Director of Public Works.

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

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




REQUEST FOR REJECTION OF ALL BIDS FOR IFB #06-20 AND TO PROCEED WITH THE CONVERSION OF SPACE IN THE BASEMENT OF TOWN HALL FROM STORAGE SPACE TO OFFICE SPACE FOR POLICE DEPARTMENT EMPLOYEES, BY ASSIGNING A TOWN STAFF MEMBER TO ACT AS A GENERAL CONTRACTOR.

It was moved for approval to reject the award of IFB #06-20 to the sole bidder for the Town Hall Basement Renovation. It was further moved for approval to grant the Town Manager the authority to move forward with the Town Hall Basement Renovation by assigning a Town Staff member as General Contractor on behalf of the Town, with all purchases and contracts for the completion of this project conforming to the Town of Vienna’s Purchasing Rules and Regulations.

Motion: Kelleher
Second: Polychrones
Carried unanimously – Poll vote

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




RENEWAL OF FINANCIAL SYSTEM SOFTWARE AND HARDWARE SUPPORT BY SUNGARD/PENTAMATION ENTERPRISES, INC., FOR FISCAL YEAR ENDING 2007, IN AN ESTIMATED AMOUNT OF $33,700.00.

It was moved for approval to award Fiscal Year ending 2007 support services for the Town’s central financial system to Sungard/Pentamation Enterprises, Inc., in an amount estimated not to exceed $33,700.00 on the basis of its being the only practical sole source to provide

support for said system. It was further moved the Mayor be authorized to prepare a letter providing the necessary provisions of the sole source procurement.

Motion: Kelleher
Second: Robinson
Carried unanimously – Poll vote

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




APPROVAL FOR RENEWAL OF STORAGE SPACE RENTAL FOR TOWN HALL RECORDS IN FISCAL YEAR ENDING 2007, IN AN AMOUNT NOT TO EXCEED $25,000.00.

It was moved for approval to rent storage space from United Stor-All-Vienna’s facility during FYE 2007, in an amount not to exceed $25,000.00 as the practical sole source for the reasons cited based on nearest location. It was further moved that the Mayor be authorized to prepare a letter providing the necessary provisions of the sole source procurement.

Motion: Robinson
Second: Cole
Carried unanimously – Poll vote

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




SET DATE FOR PUBLIC HEARING ON PROPOSED TELECOMMUNICATIONS FRANCHISE TO VERIZON VIRGINIA, INC.

It was moved that a Public Hearing be set for Monday, August 21, 2006 to receive public input on the proposed telecommunications franchise agreement. It was further moved the Town Clerk be directed to advertise said public hearing in accordance with State law.

Motion: Polychrones
Second: Kelleher
Carried unanimously – Poll vote

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


SET DATE FOR PUBLIC HEARING ON PROPOSED CABLE FRANCHISE TO VERIZON VIRGINIA, INC., TO INSTALL NEW VIDEO CABLE SERVICE FACILITIES IN THE TOWN OF VIENNA.

It was moved that a Public Hearing be set for Monday, August 21, 2006, to receive public input on the proposed cable franchise agreement. It was further moved the Town Clerk be directed to advertise said public hearing in accordance with State law.

Motion: Polychrones
Second: Kelleher
Carried unanimously – Poll vote

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




It was moved to adjourn.

Motion: Robinson
Second: Cole
Carried unanimously


The Regular Meeting of Council adjourned at 11:15 P.M.




PUBLIC HEARING

Proposed Ordinance to the Town Code, Chapter 23, Erosion and Siltation Control, Articles 1, In General, and
2, Standards and Regulations.

July 3, 2006


The Town Council held a duly advertised public hearing on Proposed Ordinance to the Town Code, Chapter 23, Erosion and Siltation Control, Articles 1, In General, and 2, Standards and Regulations, on Monday, July 3, 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.

Mrs. Aileen Santiago, Engineer, Department of Public Works, addressed Council and stated the proposed amendments to the Town Code would bring it into compliance with State Regulations as amended in the Virginia Erosion and Sediment Control Handbook

Councilwoman Cole discussed Section 23-4-B 5, Regulated Land Disturbing Activities, Page 485, and inquired if the penalty levels had been increased since 1996. Mrs. Santiago indicated the penalties had been determined by the State and had not changed at any time since 1996. Upon discussion it was the consensus of Council that this issue should be addressed with our State Representatives for consideration in the next session of the General Assembly.

Councilman Verinder, discussed a proposed change on Page 486, Section F, Linear utility and railroad project annual specifications shall be approved by the Virginia Soil and Water Conservation Board, and requested Mrs. Santiago to describe what a linear project would entail. She indicated that it would apply to piping/cable projects. Councilman Verinder inquired if this would apply to utility projects, such as Virginia Power, and if the Board would have to approve the project, to which Mrs. Santiago indicated it would have to apply to 10,000 square feet and over of disturbance. Thereafter, discussion was conducted relative to provisions contained on Page 486B, relative to inspections, and the requirement placed on the Town in the conducting of such inspections; and that it becomes another unfunded mandate of the State.

Councilman Lovelace spoke on provisions contained on Page 484, E, relative to disturbed land areas for commercial or non-commercial uses less than 2,500 square feet in size. He also addressed the provision contained on Page 484A, Plan Approving Authority, and suggested the wording should be changed by removing the language “Town Council” and substituting with the language “the Director of Public Works.” This would provide a consistency with all of the other duties of the Director contained within these provisions.
Discussion ensued relative to the approval authority by the Town Council and/or the Director of Public Works and upon advice of the Town Attorney, it was the consensus to the leave the language as drafted.

Councilman Lovelace discussed the provisions on Page 486, relative to erosion impact areas, and inquired as to the location of those areas. Mrs. Santiago indicated that she would have to research those area locations.

Councilman Lovelace requested clarification of the provisions as contained on Page 486A, erosion control areas and thereafter, discussed this aspect with the Town Attorney. Councilman Lovelace spoke on the language contained in Section B2 on Page 486A, and expressed concern that the paragraph was open-ended and inquired of the Town Attorney if the provision could be written with more specificity.

Mayor Seeman called upon anyone in the audience desiring to speak on the proposed ordinance amendment. Noted for the record there were none.


It was moved to continue the Public Hearing to allow for response to several of the expressed concerns of the Town Council.

Motion: Polychrones
Second: Mayor Seeman
Carried unanimously- Poll vote

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



The Public Hearing adjourned at 8:55 P.M.

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