Minutes

REGULAR COUNCIL MEETING
August 21, 2006


The Town Council met in regular session on Monday, August 21, 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: Edythe F. Kelleher, George E. Lovelace, Michael J. Polychrones, Maud F. Robinson, and Sydney H. Verinder. Councilwoman Laurie G. Cole was absent being out of Town due to a death in the family. Also present were John H. Schoeberlein, Town Manager; Steven D. Briglia, Town Attorney; and Carol A. Orndorff, Town Clerk.

The invocation was offered by Mr. John A. Russo Jr., Local Spiritual Assembly of the Baha’i; 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 JULY 3, 2006 AND ONE PUBLIC HEARING OF JULY 3, 2006.

It was moved for the approval of the Minutes of the Regular Council Meeting of July 3, 2006 and One Public Hearing of July 3, 2006.

Motion: Lovelace Second: Polychrones Motion carried unanimously

Absent: Cole


RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC

Mr. Dale Griffiths, 109 Oak Street, S.W., addressed Council and spoke on the on-going concerns of the residents Oak Street regarding the dogs located at 107 Oak Street. Mr. Griffiths presented a Petition signed by eighteen (18) of the residents of Oak Street requesting the Ban of Dangerous Dogs from the Town of Vienna, Virginia. (Copy attached to Official Minutes.) Mr. Griffiths read a letter into the record regarding the fears and concerns of the neighborhood residents, along with submitting two additional letters from residents, in this regard.

Mayor Seeman indicated that the Town had been in receipt of additional letters and that all correspondence and written submittals would be placed into the official record.

Mr. Griffiths indicated that during the last week of July the dogs were able to “get off the property” and were unrestrained and were attacking a car; and that thankfully it had not been a child. He further spoke on the fears and concerns the neighbors have relative to the dogs and stressed the fact that something must be done to protect the citizens and children from the dogs. He stated the dogs are Argentinean Dogo and are bred to be fighting/attack dogs; they have been observed trying to break through the fencing in the back yard but also through the front windows of the residence; the residents feel very threatened by these dogs. Mr. Griffiths stated that he had spoken with both Senator Devolites-Davis and Delegate Shannon about the dogs in an attempt to get the law changed, however, at this time he was requesting a preemptive move by the Town Council to ban the specific breed and dogs from the Town of Vienna before one of the children in the neighborhood are killed.

Mayor Seeman called upon the Town Attorney to address the issue of what the Town could do. Mr. Briglia indicated that the General Assembly did make some changes to the Dangerous/Vicious Dog Statutes, however, the changes would not assist the Town in addressing breeds specific bans. He further indicated that the Statute reads that “a dog can’t be deemed to be a dangerous or vicious dog solely because of its particular breed.” Mr. Briglia stated the Town is governed by the State Statutes and that the Town ordinances are as strict as allowed at this time; unfortunately it is a past tense as when a dog can be adjudicated to be a dangerous dog where it has bitten, attacked or inflicted injury upon a person or companion animal. That further, the Statute goes on to say that an animal cannot be deemed dangerous where at the time of the act complained of, it is protecting itself, its kennel, offspring, or its owner’s property. Mr. Briglia indicated that the dogs in protecting its fence line and being “ill mannered” would not constitute grounds for the dog to be declared vicious or dangerous, if it’s on its property. If the dogs are chasing people or cars down the street, it might be grounds depending on what has been observed.

Mayor Seeman thereafter, discussed with Mr. Griffiths the instances and discussions held with the Police Department over the various instances regarding the dogs.

The following residents also spoke regarding their experiences relative to the dogs:

Mr. Joseph Alonzo, 112 Oak Street, S.W.
Mr. Ben Segal, 119 Oak Street, S..W.
Ms. Jane Talino, 602 McKinley Road, N.W.

Mayor Seeman requested further investigation by the Police Department and urged the citizens to call the Department immediately when observing any incident. She also stated that she would be sending a letter to the owners of the residence outlining the circumstances and concerns of the Town and the residents of Oak Street. The Mayor indicated that changing the State law would be one of the issues the Town Council would be discussing with Delegate Shannon and Senator Devolites-Davis.

Councilwoman Robinson expressed her appreciation of the concerns of the residents and spoke of how she had been chased by two large dogs, and the fear it presents. She further discussed with the Town Attorney the possible pursuit of the matter as being a public nuisance.

Further discussion took place relative to the continuous barking of the dogs being declared a nuisance, with Capt. Michael Miller of the Police Department indicating that if the responding Officer hears the barking and it is on-going, the owner could be cited. Mayor Seeman again requested that the residents call the Department and that Officers be made aware of the nuisance barking citation.

Councilman Polychrones reiterated how he had been badly bitten on his arms and legs as a child by a large dog, and expressed his appreciation of the fears for the children. He further discussed the legislation which had been adopted by the General Assembly last year with the Town Attorney; and assured the residents that the Mayor and Members of Council would be pursuing the matter with the State delegation.



REPORT AND INQUIRIES OF COUNCIL MEMBERS

Councilwoman Kelleher stated that a representative from the Fairfax County Department of Transportation, Ms. Stacy Casey, would be present at the Hunter Mill Land Use Advisory Committee on September 17, 2006. That she will brief the Members on recommended changes to the County’s Comprehensive Plan for Transportation, in the Hunter Mill District. Councilwoman Kelleher indicated that Ms. Casey would be sending her some information regarding the changes and when received, she will circulate copies to Members of Council.

Councilwoman Kelleher displayed a commemorative sign which she had been awarded on behalf of the Town, for her participation in the Relay for Life event.

Councilman Lovelace questioned what was being done to alleviate the high grass at 416 Knoll Street, N.W. Mr. Gregory Hembree, Director of Planning & Zoning stated the Town has on a continuing basis been in contact with the Owners, to clean up the property; that he would continue to monitor the property and contact the owners.

Councilman Lovelace spoke on the drainage issues on Marshall Road, with the Town Manager indicting that VDOT had been contacted regarding the drainage capacity however, a report had not been received to date.

Councilman Lovelace discussed with the Town Manager the proposed work to be done by the Town on the Thomas property on Cynthia Lane regarding the erosion.

Councilman Lovelace spoke on the St. Bernard drainage project, with the Town Manager indicating that a package of information would be provided to Council on Friday regarding the project.

Councilman Polychrones requested the Town Manager to include on the November Work Session Agenda, a review of the height restrictions within the residential areas of Town.

Councilman Polychrones also indicated that he would not be present for the September 11, 2006 Council Meeting as he would be out of Town on business.

Councilman Lovelace requested that a review of the grading regulations also be included on the Agenda of the November Work Session.




REPORT OF THE TOWN MANAGER

None

REPORT OF THE MAYOR

Mayor Seeman discussed with the Town Manager the development of an RFP for a Traffic Study, which is scheduled during this Fiscal Year.

Mayor Seeman spoke of attending the Whiffle Ball World Series, and displayed a trophy which had been presented to the Town in recognition of the support displayed by the Town. The tournament was to raise money for the Brian Bedell Foundation to support research for brain cancer; the tournament was the most successful and more money was raised than ever before.

Mayor Seeman spoke of the letter submitted to the Tysons Land Use Task Force by Mr. Jack Mitchell, and that copies would be distributed to Members of Council. She also expressed that the Council was seeking a land use planning firm to assist the Task Force in its deliberations. The Mayor stated that she sent an e-mail to the County requesting that when the firm was selected that it meet with the Town Council to receive the input specifically associated with the Town.


Mayor Seeman congratulated Councilwoman Kelleher on being elected President of the James Madison PTSA.

Mayor Seeman reported on the Closed Session convened this date at 7:15 P.M., stating that Council has conducted interviews with Mr. Melvin McCoy for possible reappointment to the Planning Commission and Ms. Laine Hyde, for possible reappointment to the Board of Architectural Review. The Mayor stated that no other business has 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, August 21, 2006, the Town Council conducted interviews with individuals interested in reappointment to Town Boards and Commissions. 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 September 25, 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: Robinson
Carried unanimously – Poll vote

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

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. Melvin McCoy be reappointed to the Planning Commission for a two year term of office. It was further moved that said reappointment is effective retroactive to June 21, 2006 and will expire June 21, 2008.

Motion: Polychrones
Second: Robinson
Carried unanimously

Absent: Cole


It was moved that Ms. Laine Hyde be reappointed to the Board of Architectural Review for a two year term of office. It was further moved that said reappointment is effective retroactive to July 7, 2006 and will expire July 7, 2008.

Motion: Polychrones
Second: Robinson
Carried unanimously

Absent: Cole



PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA

None


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

See Official Minutes attached



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

See Official Minutes attached


PUBLIC HEARING ON A PROPOSED TELECOMMUNICATIONS FRANCHISE TO VERIZON VIRGINIA, INC.

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 IMPROVEMENTS, FOR THE RESUBDIVISION OF THE “JOHN MARSHALL PROPERTY” LOCATED IN THE 600 BLOCK OF BEULAH ROAD, N.E., PROPOSED NEW ADDRESSES TO BE 507, 509, 511 AND 513 JOHN MARSHALL DRIVE, N.E. and 602, 604 and 606 BEULAH ROAD, N.E.


Mayor Seeman stated for the record that letters from citizens on John Marshall Drive, N.E., had been provided to the Town wherein, they requested that that the street not be extended to Beulah Road; that John Marshall Drive end in a cul-de-sac. Mayor Seeman clarified with Mr. Sekas that his Final Plat indicated that John Marshall Drive end in a cul-de-sac. Mr. Sekas at this time indicated that he had received several other letters from the citizens and submitted same into the record.

The Town Attorney stated that if the Town Council decided that John Marshall Drive be extended through to Beulah Road, then the subdivision must be referred back to the Planning Commission for public hearing and recommendation. The extension of John Marshall Drive through to Beulah Road is a non-issue as that is not what is being proposed; the proposal calls for a waiver from that aspect in the subdivision ordinances.

Mr. John Sekas stated the application is for a by-right subdivision; that it is similar to a former approved subdivision, Carter’s Glen II. Mr. Sekas also stated that the waivers have again be reviewed by his engineers and he would clarify that (1) there is a typographical difference between John Marshall Drive and Beulah Road; approximately ten feet; (2) currently within five-hundred feet on Beulah Road there are three commercial entrances; that if John Marshall Drive is cut through it would become four entrances, one every one-hundred twenty-five feet on Beulah Road, which is not a safe situation; (3) VDOT is preparing its construction documents at the current time and to include another entrance would delay the project even further; and (4) the citizens in that area do not want another cut-through street off of Beulah Road; and (5) if the road is cut-through it will create additional storm water runoff and larger facilities. Mr. Sekas further spoke on the request to place the public improvement monies for Beulah Road into escrow; and stated that based on the pending construction project for Beulah Road, he would propose that the escrow monies be used for any other project needed by the Town. He further indicated that all storm water requirements have been met and are satisfactory with the Town and thereafter, reviewed the storm water plans for clarification purposes. Mr. Sekas stated that he would be extending the sidewalk from the cul-de-sac on John Marshall Drive to McKinley Street, which will connect the sidewalk area.

Councilwoman Kelleher discussed with Mr. Sekas and Mr. Hembree, Director of Planning & Zoning, the Town’s Comprehensive Plan and the indication that John Marshall Drive was to be cut through to Beulah Road. Mr. Sekas stated that in the nineteen years which he has been building in the Town, if a request for a deviation from the Town Code or Comprehensive Plan was being requested, then it was through the waiver request was the remedy. Councilwoman Kelleher further discussed with Mr. Hembree the inclusion within the Comprehensive Plan the designation that John Marshall Drive to be cut through to Beulah Road. Mr. Hembree stated that it has been in the Comprehensive Plan since 1995 and felt it was just a projection that was shown; that the Planning Commission in developing the Comprehensive Plan was divided into small work groups; however, he could not recall if that exact language had been conveyed in detail to the entire Commission. Mr. Hembree further stated that possibly consideration was directed toward the fact it would not require a right-of-way, etc.; it was just shown as a possibility to extend the street through and as time has progressed, he could only surmise that the Commissioners did not want to give it further consideration. Mr. Hembree stated that during the last review of the Comprehensive Plan the maps were reviewed in great detail and the sidewalk map was revised eight different times. Further in reviewing his minutes of the Commission work sessions and regular meetings nothing is noted regarding this aspect.

Upon further discussion regarding the Beulah Road project and the escrow funds for public improvements, the Town Manager indicated it would be used as part of the required funds from the Town for Beulah Road.

Ms. Holly Chu, Engineer and Acting Director of Public Works, indicated that the drainage plans developed for the project by Mr. Sekas are the best for the subdivision plan.

Councilman Polychrones discussed with Mr. Sekas the time frame for construction of the subdivision, with Mr. Sekas indicating from the time of permitting, four months. He further discussed the drainage plans and the possible impact from the Beulah Road project. Mr. Sekas indicated that the subdivision would be entirely completed prior to VDOT beginning the reconstruction of Beulah Road.

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

It was moved for the approval of the proposed Final Plat for the resubdivision of the “John Marshall Property” located in the 600 Block of Beulah Road, N.E., proposed new address to be 507, 509, 511 and 513 John Marshall Drive, N.E., and 602, 604 and 606 Beulah Road, N.E., located in the RS-12.5 Single Family Detached Residential Zone, as filed by John P. Sekas, Sekas Homes, Ltd., and agent for Carriage Landing, L.C., owner.

Motion: Polychrones
Second: Robinson




It was move to amend the Main Motion, that Council has carefully reviewed the requested waivers and have found all in accordance with the Town Code 17-12 relative to the street.

Motion: Mayor Seeman

Councilman Polychrones stated he found the amendment acceptable, along with Councilwoman Robinson, as the seconder.


Carried unanimously – Poll vote

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


It was further moved for the approval of a waiver from Section 17-36, Projection of Streets, and a waiver from Section 17-41, Widths, Dedication of Street Rights-of-Way, pertaining to the installation of curb, gutter and sidewalk along Beulah Road, N.E., and the placement of an equivalent amount of funds into escrow.

Motion: Polychrones
Second: Robinson
Carried unanimously – Poll vote

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


REQUEST FOR A FOUR-WAY STOP SIGN AT THE INTERSECTION OF PARK STREET AND TAPAWINGO ROAD, S.E.

Mr. Richard Denbow, Chairman, Transportation Safety Commission, addressed Council and stated the Commission had considered a request for the four-way stop sign at Park Street and Tapawingo Road, based on a citizen request. He stated that traffic counts had been taken and the decision of the Commission to recommend approval was based on the following: More than a dozen citizens who live near the intersection testified on the matter, with eight in favor and six in opposition; Sight distance problems do exist which make it difficult for vehicles on Tapawingo to safely turn onto or across Park Street; There have been numerous accidents at the intersection and since December 2005, four have been reported by the Police Department; Traffic speed and volume on Park Street indicate more than 10,000 vehicles per day, with speeds ranging from 38 mph, 36 mph, 45 mph and 55 mph; and Pedestrians have a difficult time crossing Tapawingo or Park Street at the intersection due to the volume. Mr. Denbow stated the Commission recommends the 4-way stop sign to improve the safety of the current intersection and to address the bad engineering that exists with the high retaining wall.

Mayor Seeman called upon anyone in the audience desiring to speak on the proposed 4-way stop sign.

Mrs. Karen O’Meara, 442 Park Street, N.E., spoke in opposition to the 4-way stop sign and recommended that VDOT redesign the intersection as it was their engineering design.

Mr. Matthew DiFiore, 207 Owaissa Court, S.E., spoke in opposition to the signage and felt other measures could be installed.

Mr. Ron Corso, 904 Farley Court, S.E., spoke in support of the proposed 4-way stop sign.

Councilman Verinder discussed with Ms. Holly Chu, Acting Director of Public Works, the recommendation of the Department against the signage, with Ms. Chu indicating that it does not meet the MUTCO criteria. Further, that motorists have a tendency of ignoring traffic measures perceived as unnecessary; and that multiway stop signs have the potential of giving a false sense of security to pedestrians, bicyclist and all road users expecting other road users to stop.

Mayor Seeman entered into the record two e-mails received by the Town regarding the 4-way stop sign; one in favor and one in opposition.

It was moved for approval of a four-way stop at Park Street and Tapawingo Road, S.E., and that the Police Department take traffic counts on Glyndon Street, S.E. prior to the installation of the stop and monitor any increase in traffic on that street or backups between the new stop and the existing stop at Park Street and Moore Avenue, S.E. It was further moved for approval to implement striping on Park Street to deter drivers from forming two lanes at the stop.

Motion: Robinson
Second: Lovelace
Carried unanimously – Poll vote

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


REQUEST FOR APPROVAL OF THE CONTINUED USE OF ONE PUBLIC USE TRAILER AT VIENNA ELEMENTARY SCHOOL, 128 CENTER STREET, SOUTH, FILED BY JOHN SOUSER, ADTEK ENGINEERING, AGENT FOR FAIRFAX COUNTY PUBLIC SCHOOLS, OWNER.


It was moved for approval of the continued use of one (1) Public Use Trailer at Vienna Elementary School on property located at 128 Center Street, South, and in the RM-2 Multi-family Low Density Zone as filed by John Souser, Adtek Engineering agent for Fairfax County Public Schools, owner. It was further moved that said approval shall be for a three (3) year period of time.

Motion: Lovelace
Second: Robinson
Carried unanimously – Poll vote

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


APPROVAL OF A CONTRACT WITH NAG, INC., D.B.A. ENGINEERING SYSTEMS, FOR INFORMATION TECHNOLOGY AND GIS SERVICES, IN MAINTAINING THE TOWN’S EXISTING DATABASE, WORKING WITH THE DEPARTMENT OF PUBLIC WORKS TO FORMULATE WATER AND SEWER MAPS, CREATING AN ADDRESSING SYSTEM TO LINK PERMITS WITH EACH ADDRESS IN TOWN, PLUS WORKING TOWARDS OTHER FUTURE USES FOR NUMEROUS IMPROVEMENTS.

It was moved for approval to award RFP 06-05, Information Technologies Services, to Nag, Inc., to provide GIS services to the Town of Vienna for Fiscal Year 2006-2007 in an amount not to exceed $35,000.00.

Motion: Polychrones
Second: Lovelace
Carried unanimously – Poll vote

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


APPROVAL OF SIGNAGE FOR THE DANDELION PATCH AT 111 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 FILED BY HEIDI KALLETT OF THE DANDELION PATCH.

It was moved for approval of the proposed signage for The Dandelion Patch, located at 111 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

Motion: Robinson
Second: Kelleher
Carried unanimously – Poll vote

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


ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE MCHENRY STREET SUBDIVISION.

It was moved for approval to accept public improvements for the McHenry Street Subdivision into the Town of Vienna maintenance system. It was further moved for approval of the original letter of credit dated October 4, 2003 for the McHenry Street Subdivision in the amount of $14,072.29 to be released without a reduction for maintenance.

Motion: Verinder
Second: Polychrones
Carried unanimously – Poll vote

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


REQUEST AUTHORIZATION TO CONTINUE USING ACE TEMPORARIES INC., AS A SOLE SOURCE PROVIDER FOR TEMPORARY LABORERS FOR THE SANITATION DEPARTMENT, AND AUTHORIZATION TO EXPEND APPROVED FISCAL YEAR 2006-2007 BUDGETED FUNDS IN AN ESTIMATED AMOUNT OF $20,000.00.

It was moved for approval to continue using Ace Temporaries, Inc., as sole source provider to supplement manpower for the Sanitation Department as needed at a rate of $13.95 per hour and to expend approved FY 2006-2007 budgeted funds with an estimated cost of $20,000.00. Further moved that said approval is with the stipulation that Ace Temporaries, Inc., will certify that all temporary employees have legal status for employment within the United States.

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

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


CONSENT AGENDA: IFB # #06-17, Traffic Marking to R.J. Merkel, Inc.; IFB #07-01, Asphalt Milling and Overlay to Virginia Paving Co.; IFB #07-02, Private Landfill Usage to Lorton Landfill; IFB #07-03, Hydraulic Cement Concrete to Cardinal Virginia Concrete; Continue to ride COG contract for work uniforms rental service, rugs, dust mops and accessories; Continue to ride COG contract for snow control equipment parts and services and sewer flushing and sewer cleaning parts and service.

It was moved for the approval of the items presented by the Department of Public Works and contained in the Consent Agenda and designated as IFB #06-17, IFB #07-01, IFB #07-02, IFB #07-03, continue riding COG Contract for Work Uniforms rental service, etc., and COG Contract for snow control equipment parts and services, etc. as so outlined above.

Motion: Kelleher
Second: Polychrones
Carried unanimously – Poll vote

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


DELINQUENT REAL ESTATE PROPERTY TAX LIST.

It was moved that the delinquent real estate property tax list submitted by the Director of Finance/Treasurer, exclusive of those having been paid since June 30, 2006, be published in a newspaper of general circulation in the Town and posted on the Town’s web site. It was further moved that it be transmitted to Fairfax County with the request that it be posted and entered into County records according to law. It was further moved that real estate taxes delinquent for more than two years be recorded against said properties. It was further moved that real estate taxes of less that $5.00 each be written off.

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

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


RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT THROUGH A CAPITAL LEASE IN FISCAL YEAR 2006-2007.

It was moved for the adoption of a Resolution authorizing the capital lease financing of equipment to be purchase as evidence of the Town’s official intent for the purpose of Section 1.150-2 of U.S. Treasury Regulations. Said Resolution as attached hereto.

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

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



It was moved to adjourn.

Motion: Robinson
Second: Polychrones
Carried unanimously

Absent: Cole


The Regular Meeting of Council adjourned at 11:25 P.M.





CONTINUED PUBLIC HEARING
PROPOSED ORDINANCE AMENDING CHAPTER 23, EROSION AND SILTATION CONTROL, ARTICLES 1 (IN GENERAL AND
2 (STANDARDS AND REGULATIONS)


August 21, 2006


The Town Council held a duly advertised continued Public Hearing on Proposed Ordinance Amending Chapter 23, Erosion and Siltation Control, Articles 1 (In General) and 2 (Standards and Regulations) on Monday, August 21, 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: Edythe F. Kelleher, George E. Lovelace, Michael J. Polychrones, Maud F. Robinson, and Sydney H. Verinder. Councilwoman Laurie G. Cole was out of Town due to a death in the family.) 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, stated the proposed amendments conform the Town Code with State Regulations as contained in the Virginia Erosion and Sediment Control Handbook, third Edition, 1992.

Councilman Lovelace thereafter discussed with Mrs. Santiago, proposed wording as contained in Section 23-6; along with responsibilities and notification processes as outlined in the proposed amendments. Upon discussion relative to Section 23-6 Action on Erosion and Sediment Control Plans, the Town Attorney suggested that language be included in the last sentence to read “if no written notice of disapproval is given by the Town within the time as specified above, the plan is deemed to be approved.”

Mayor Seeman indicated that under Section 23-4B, Councilwoman Cole had previously pointed out that the penalties had not changed over the years, and that she has this matter on her list of items to be discussed with the Town’s State Legislators prior to the next General Assembly.


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

It was moved that the Public Hearing be closed.

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

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


Councilman Verinder pointed out for the record that the Virginia Erosion and Sediment Control Handbook, third edition, that has been referenced, is dated 1992, and there is nothing that supersedes the publication.




It was moved for approval of the proposed amendments to the Town Code, Chapter 23, Erosion and Siltation Control, Articles 1 (In General) and 2 (Standards and Regulations) as presented herein, to bring the Code into compliance with State Regulations.

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

It was further moved that this item be placed on the Agenda of September 11, 2006 for adoption and that the Town Clerk is directed to advertise Notices of Intent to Adopt.

Motion: Mayor Seeman
Second: Lovelace
Carried unanimously




The Public Hearing adjourned at 9:10 P.M.




PUBLIC HEARING

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

August 21, 2006


The Town Council held a duly advertised Public Hearing on a Proposed Cable Franchise to Verizon Virginia, Inc., to install new video cable service facilities in the Town of Vienna on Monday, August 21, 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: Edythe F. Kelleher, George E. Lovelace, Michael J. Polychrones, Maud F. Robinson, and Sydney H. Verinder. Councilwoman Laurie G. Cole was absent being out of Town due to a death in the family. Also present were John H. Schoeberlein, Town Manager; Steven D. Briglia, Town Attorney; and Carol A. Orndorff, Town Clerk.


Councilwoman Kelleher disclosed for the record that members of her family own stock in Verizon.

Councilwoman Robinson disclosed for the record that she owns stock in Verizon.

Mayor Seeman stated that as part of its Fiber to the Premise Telecommunication Network (FTTP Network), Verizon wishes to install new facilities within the Town of Vienna. Further, that under the new cable franchise all FTTP facilities would be installed pursuant to a new telecommunication franchise in the Town right-of-way or on private property with the consent of the property owner. Also, when the Town undergrounds utilities on Maple Avenue, all FTTP facilities will be placed underground by Verizon at its expense.

Mr. Briglia stated that the Town has been actively engaged in negotiations with Verizon not only the proposed cable franchise, but also a telecommunication franchise, which is a separate item based on the State, Federal and local regulations which govern those types of services. Both the cable and telecommunication franchise agreements are part of the Verizon FTTP Network; it provides not only for cable television services but also broad-band high speed internet access and telephone access on the same lines. Mr. Briglia further stated the proposed franchise in essence, except for specific issues regarding build-out and PEG channels and facilities, is similar to that of Fairfax County, which provides the citizens of the Town with the same services as the citizens of the County; the franchise fees are almost identical; when the few facilities go in, that which is currently underground will be underground and if placed on the poles then it will continue to be placed on the poles; on Maple Avenue, as part of the continued revitalization project, as those lines go underground Verizon will move their new FTTP’s underground. Lastly, as part of the build-out schedule, the telecommunication franchise and cable franchise, Verizon has agreed to a very aggressive build-out schedule with the initial service area approximately ninety percent of the Town would be substantially completed in eight months with the last small area located in the south west neighborhood taking somewhat longer. Mr. Briglia indicated that Mr. John Knapp, Director of Government Affairs, Verizon Virginia, Inc., along with Mr. Doug Brammer, Verizon’s local representative, Mr. David Ogburn, Legal Counsel, Adrain Capios, outside Legal Counsel for cable matters, were also present.

Mayor Seeman inquired if Fairfax County would still remain as the Town’s cable administrator, to which Mr. Briglia replied in the affirmative.

Mr. John Knapp addressed Council and stated that in addition to those individuals mentioned by Mr. Briglia, representatives from Verizon’s construction department and engineering department were also present to answer any questions.

Mayor Seeman inquired if new cabinet boxes would be installed along Maple Avenue and through the residential areas, to which Mr. Knapp responded in the affirmative. He stated they were Fiber Distribution Hubs and would vary in size however, none would be located on Maple Avenue. Thereafter, the Mayor and Mr. Knapp discussed the various size hubs that would be utilized. Mr. Ken Crump, Engineer, discussed the hub sizes and locations, indicating various sizes such as 3 x 3, with location on the pole along the pole lines and if following the buried path, the hubs would be pad mounted; they will require forty permits to cover the Town right-of-way.

Mr. Schoeberlein indicated for the record that prior to any hub placement, easements from the respective homeowners would be required.

Councilman Polychrones discussed with Mr. Knapp the delay in providing service facilities to a small portion of the south west quadrant, with Mr. Knapp indicating that the network for this area is designated to be located in the Merrifield area. That ninety-three percent of the Town is serviced by the facilities located on Sutton Road at Route #123; with the other seven percent to be serviced through the Merrifield facility upgrade.

Councilwoman Kelleher thereafter, discussed the density requirements as contained within the franchise language for clarification purposes.

Mayor Seeman called for anyone in the audience desiring to speak on the proposed franchise.

Mr. John Sekas, President, Sekas Homes, stated that he was not speaking for or against the franchise agreement however, he wanted to point out that Verizon for new home construction, was the worst of the four utilities. He indicated that as a builder/developer he has experienced numerous problems and delays; that he would suggest obtaining a time certain completion within the franchise.

Mr. Gary McDaniel, 122 Tapawingo Road, S.W., stated he was a network operations manager with Verizon. The he appreciated the Town Council’s consideration of the franchise application and spoke in support of granting the franchise.

Mrs. Karen Newcomb, 403 Onondio Circle, S.E., stated she also was a Verizon employee and was speaking in support of the Verizon franchise.

Mr. Ken Terrell, 205 Talahi Road, S.E., indicated that he was a Verizon retiree and had sent a letter to the Town Council last week urging the approval of the franchise. He would felt that Verizon provided greater services at lower costs than other cable companies.

Mayor Seeman complimented the Town Attorney and Town Manager for their efforts over these last months in the on-going negotiations with Verizon to develop a franchise that was beneficial to the Town citizens.

Mr. Schoeberlein requested that Verizon representatives advise the Town Council and the citizens who were present as to what steps would be utilized to protect the homeowners during the installation period.

Mr. Doug Brammer, stated that thirty days prior to the beginning of construction in a particular area, homeowners will receive a door hanger, containing an 800 phone number, alerting them of the construction; then five days prior to construction a second door hanger is placed on the residential homes, as a reminder, a phone number for questions, etc. Further, at the conclusion of the construction of the particular area, a third door hanger is posted containing a phone number should that homeowner need to convey a complaint or concern. The call center is exclusively designed for this project to address concerns, questions, etc. The call staff has been directed to respond within four hours should all staff lines be busy; once the homeowner and the call representative have spoken real time, the commitment is to discuss and come to an agreement about the concern/complaint within forty-eight hours. Mr. Brammer indicated that it is felt they are more organized, more pro-active and more supportive than when the project first began; they have seen a more significant reduction in the number of complaints as the processes have been more defined.

Mayor Seeman inquired if the 800 phone number would connect with someone acquainted with the particular project. Mr. Brammer stated it is a dedicated call center specifically for the purpose to exclusive receive calls regarding the project.

Mayor Seeman inquired if the company performing the work had someone on the construction crew that could answer the questions or concerns of citizens, at that moment. Mr. Brammer indicated in the affirmative; that supervisors would be on each job, clearly identified and English speaking.

Mr. Matthew DiFiore, 207 Owaissa Court, S.E., discussed the Verizon time frame for notices and easement acquisition with Mr. Brammer and the Town Attorney.

Councilwoman Kelleher discussed with the Town Attorney various language segments within the franchise for clarification purposes.

Mr. John McVey, 8708 Thunderbird Court, addressed Council and indicated that his residential area cannot receive the Verizon cable services until Vienna adopts the franchise and he would urge that adoption.


It was moved to close the Public Hearing.

Motion: Polychrones
Second: Robinson
Carried unanimously – Poll vote

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


It was moved for approval of the proposed cable franchise agreement with Verizon Virginia, Inc., with the inclusion of the Freeman Store on the list of government facilities to receive services.

Motion: Polychrones
Second: Verinder
Carried unanimously – Poll vote

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


It was further moved that said franchise ordinance be placed on the Town Council agenda of September 11, 2006 for adoption and the Town Clerk be directed to advertise Notices of Intent to Adopt.

Motion: Polychrones
Second: Mayor Seeman
` Carried unanimously

Absent: Cole


The Public Hearing adjourned at 9:50 P.M.





PUBLIC HEARING

PROPOSED TELECOMMUNICATIONS FRANCHISE TO VERIZON VIRGINIA, INC.


August 21, 2006


The Town Council held a duly advertised Public Hearing on a Proposed Telecommunications Franchise to Verizon Virginia, Inc., on Monday, August 21, 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: Edythe F. Kelleher, George E. Lovelace, Michael J. Polychrones, Maud F. Robinson, and Sydney H. Verinder. Councilwoman Laurie G. Cole was absent being out of Town due to a death in the family. Also present were John H. Schoeberlein, Town Manager; Steven D. Briglia, Town Attorney; and Carol A. Orndorff, Town Clerk.

Councilwoman Kelleher disclosed that members of her family owned stock in Verizon.

Councilwoman Robinson disclosed that she owned stock in Verizon.

The Town Attorney stated that the current Verizon telephone franchise agreement had expired in 1992. As part of its Fiber to the Premise Telecommunications Network (FTTP Network) Verizon wishes to install new facilities within the Town of Vienna to upgrade the types of services it can provide. He further stated that in order to provide telecommunication services within the Town of Vienna, state and local law requires a telecommunications franchise; under the new franchise all FTTP facilities would be installed either in the Town right-of-way or on private property with the consent of the property owner. Mr. Briglia further stated that the when the Town undergrounds utilities on Maple Avenue, all FTTP facilities will be placed underground by Verizon at its expense.

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

Councilwoman Kelleher discussed with the Town Attorney the provision governing the undergrounding of facilities for new subdivisions, and if this provision allowed for new individual homes not considered within a subdivision; that when her home was constructed in 1994 facilities were required to be placed underground but only to the house. Mr. Briglia stated that it was his understanding that unless homeowners paid for the undergrounding the utility companies did not pay for this automatically.

It was moved the Public Hearing be closed.

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

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

It was moved for approval of the Proposed Telecommunications Franchise Agreement with Verizon Virginia, Inc.

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

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


It was further moved that said franchise ordinance be placed on the Town Council agenda of September 11, 2006 for adoption and the Town Clerk be directed to advertise Notices of Intent to Adopt.

Motion: Mayor Seeman
Second: Robinson
Carried unanimously

Absent: Cole



The Public Hearing adjourned at 10:00 P.M.

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