Minutes

REGULAR COUNCIL MEETING
September 11, 2006



The Town Council met in regular session on Monday, September 11, 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, Maud F. Robinson, and Sydney H. Verinder. Councilman Michael J. Polychrones was absent being out of Town on business. Also present were John H. Schoeberlein, Town Manager; Steven D. Briglia, Town Attorney; and Carol A. Orndorff, Town Clerk.


The invocation was offered by Reverend Walter Smedley, IV, Rector of The Episcopal Church of the Holy Cross, Dunn Loring, Virginia; 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 AUGUST 21, 2006 AND THREE PUBLIC HEARINGS OF AUGUST 21, 2006.

It was moved for the approval of the Minutes of the Regular Council Meeting of August 21, 2006 and Three Public Hearings of August 21, 2006.

Motion: Robinson
Second: Kelleher
Motion carried: 5/2
(1 Abstention; 1 Absent)

Abstaining: Cole (Not present at Meeting of August 21, 2006)
Absent: Polychrones




RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC

Mrs. Anne Pastorkovich, addressed Council and spoke on the scheduled Northern Virginia Volksmarchers walk along the W&OD Trail scheduled for Saturday and Sunday, September 16 & 17, 2006. She indicated the march would begin at the Vienna Community Center beginning at 9:00 A.M. Mrs. Pastorkovich indicated the march was being co-sponsored by the Friends of the W&OD Trail and invited all those interested to come out and enjoy the event.


Mr. Jack Mitchell, President of the Westbriar Civic Association, 1005 Country Club Drive, N.E., addressed Council and stated he was before Council requesting that a letter be sent to the Governor, our State Representatives, Congressmen Davis and Wolf, regarding the decision make to provide for an elevated metro rail at Tysons Corner, and expressing the Town’s strong support for putting the metro rail underground and disagreement with the elevated proposal. He stated the Tysons Land Use Task Force has been working hard for some time to plan the development of Tysons Corner into an attractive, workable, people friendly, urban center and now comes the proposal to install the metro rail above ground. Mr. Mitchell further stated that such an elevated installation would markedly interfere with transportation throughout the area during the construction phase; interfere with functional and accessible system of pedestrian walkways, trails, bike routes and a grid of streets; detract from forming and preserving engaging
streetscapes within Tysons; with its noise and adverse visual
appearance, several adjacent residential neighborhoods would be severely impacted; and it would markedly interfere with the conduct of commercial business with and outside of Tysons. Mr. Mitchell further stated that while the cost of putting metro rail underground is higher and will take longer to do, it is the best long term solution for ourselves and for our children and grandchildren. (Copy of Mr. Mitchell’s remarks attached to Official Minutes.)

Mayor Seeman indicated her support of Mr. Mitchell’s proposal and stated she would be happy to prepare an appropriate letter.

Council Members Cole and Robinson both expressed that the elevated rail is short-sighted and not in the best interest of not only the residential community but the commercial core businesses; and supported Mr. Mitchell’s request.


Mayor Seeman, along with Community Enhancement Commission Chairman, Mary Wilkerson, at this time presented Beauty-Spot Awards for the month of September to the following: Taco Bell at 362 Maple Avenue, East; David and Stephanie Dunaway, 200 Talahi Road, S.E., Keith and Margaret McCormick, 401 Fellini Court, S.E,; and Thomas and Donna Styles, #6 Elaine Circle, S.E.





REPORT AND INQUIRIES OF COUNCIL MEMBERS

Councilwoman Cole thanked the Mayor and Members of Council for the expressions of sympathy which she had received upon the recent death of her Mother.

Councilwoman Cole also spoke on the Volksmarch scheduled for September 16 and 17, 2006 and encouraged those present to attend.

Councilwoman Cole announced that on October 3, 2006 at 7:30 P.M., at Oakton High School, the various groups interested in fair growth, would be conducting a Town Hall Meeting, “Preventing a Breakdown: A Citizen’s Agenda for Responsible Growth.” She indicated this meeting represented the second annual Town Hall Meeting on growth and transportation in Fairfax County and the agenda includes plans to protect schools, roads and other vital resources from excessive development. She stated there were three different web sites that could be accessed to obtain additional information and the Town Clerk would have that information.

Councilwoman Cole spoke on the excellent information she had received from the President of the Vienna Babe Ruth Baseball League, who had provided information on the use of Waters Field during the summer; and the success being experienced due to the renovation and installation of the artificial turf. She indicated that 185 games were played on the field during the past season and he wanted to thank the Town for the support which had been given.

Councilwoman Cole discussed with the Town Manager the proposed construction improvements schedule for Center Street, South, from Moore Avenue to the Fire Department. Mr. Schoeberlein indicated that once the utility poles have been moved by Dominion Power, then the proposal will be brought to the Town Council from the contractor for cost approval, which is anticipated within the next month.

Councilwoman Cole requested that the use of portable storage pods be placed on the next Work Session for discussion.

Councilwoman Robinson discussed with the Town Attorney the on-going negotiations with Washington Area Sanitary Association (WASA) regarding the back billing. Mr. Briglia stated that the last correspondence received from the new WASA Director was that they had provided the Town with as much information as they could but would be willing to discuss a payment plan. He further stated that in discussing the matter with the Attorney for the Washington Airport Authority it is their opinion that a full audit should be performed.

Councilwoman Kelleher announced that a presentation by the County Transportation staff, originally scheduled in September before the Hunter Mill Land Use Committee, had been rescheduled to sometime in October.

Councilman Verinder thanked the Town Manager for keeping Council Members apprised of the health condition of the Director of Public Works; and also requested that Mr. Schoeberlein convey the continued regards for recovery from the Town Council.




REPORT OF THE TOWN MANAGER

None




REPORT OF THE MAYOR

Mayor Seeman spoke of having the honor of attending the 100th Birthday Party for Mrs. Gladys Dean. That many friends and family of Mrs. Dean were there and it had been such a joyous occasion.

Mayor Seeman stated that on Tuesday, September 12, 2006, at the Mayor’s Advisory Committee meeting, a program on and about the Chamber of Commerce would be provided.

Mayor Seeman stated that this morning the American Legion, Post #180, had conducted a moving ceremony on the grounds of the Freeman House, in memorial of September 11th, 2001.

The Mayor announced that the ground breaking for the Town Green would be held on Saturday, September 16th at 2:00 P.M. and invited all to be present.


PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA

None





Wall Waiver Request from the Requirements of Section 18-172 of the Town Code, for Tiffany Place Unit Owners Association to replace the existing Masonry Wall, along its northwesterly property line and the Maple Avenue Shopping Center, with Vinyl Privacy Fencing. Filed by Joe Giampa, President and Agent for Tiffany Place Unit Owners Association.

Mr. Greg Hembree, Director of Planning & Zoning, addressed Council and stated the Tiffany Place development, comprising 26 condominium units in the 300 Block of Locust Street, S.E., was originally approved by the Town Council on April 8, 1983. Later on August 5, 1983, the project developer obtained revised development plan approval with the condition that an additional six (6) foot brick wall was to be constructed between the RM-2 zoned development and the adjoining RS-10 zoned single family residence. The existing brick wall that separates Tiffany Place from the Maple Avenue Shopping Center is some 400 to 450 feet in length and ranges from 7 to 9 feet in height. Mr. Hembree further stated the wall was part of a proffer agreement to rezone the property from Rs-10 to RM-2 in 1983; and as part of the construction process the developer was required to put in the wall both adjoining the shopping center and separating the single family residences which abut on the northeast side of subject property. According to previously submitted materials, on or about July, 2005, about 20 feet of the brick wall collapsed and fell toward the parking and loading area behind the shopping center. The President of the Association was notified approximately one month later that the wall would not meet insurance repair requirements as an insurance study suggested that it was poorly engineered. In August, 2005, the Association was notified by an inspector with Critical Structures Section of Fairfax County Public Works and Environmental Services that the wall had, indeed, been poorly constructed and that a Notice of Inspection for Corrective Work Order was being issued that gave Tiffany Place 60 days to correct the defects. Mr. Hembree further stated that in September 2005, the Town received a letter from the President of Tiffany Place detailing the preceding events and proposing an option whereby the wall would be dismantled and replaced with a wood fence and brick pilasters-with adequate footings on a 9 foot spacing. The staff responded on September 29, 2005 indicating that wall waiver request as detailed in the letter would require approval by the Town Council after review and recommendation by the Planning Commission. The Planning Commission upon conclusion of its investigation and public hearing, has recommended denial of the wall waiver request.

Mayor Seeman discussed with Mr. Hembree the installation of wooden fences and masonry wall fences at other location.

Councilwoman Robinson inquired if there was any other location in Town requiring such a wall subsequent to the adoption of the present ordinance, where a waiver had been granted, to which Mr. Hembree indicated that he could not recall one.

Councilmen Lovelace and Verinder further discussed the language of the Town Code as it relates to separation of residential and commercial zoning areas.

Mr. Mark Cowen, 300 F, Locust Street, S.E., and Mr. Robert Cowen, 302 D, Locust Street, S.E., addressed Council and spoke on the various issues associated with the development and the requested waiver and the potential cost providing the brick versus vinyl. They spoke on the financial impact that would be placed on the homeowners and thereafter, outlined the steps which had been taken to remedy the situation. Mr. Robert Cowen submitted his remarks in written format to Council, which the Mayor entered into the official record. (Copy attached to Official Minutes.) Mr. Robert Cowen stated the collapsed wall was a result of the shabby construction by the original developer and stated that if the brick wall was mandated, each condo unit would be assessed between $4,000.00 and $6,000.00. He further stated that what seems to be lost is the fact the wall is located on their property and the Tiffany Place owners are the persons who view the wall; that it is behind the shopping center and only delivery drivers, workers and those collecting trash view it from that side. Both Mr. Mark Cowen and Mr. Robert Cowen urged Council to grant the waiver request to construct a vinyl fence.

Mayor Seeman discussed with Mr. Cowen the estimate which had been provided for a brick wall of $86,000.00 and the financial impact upon each homeowner. Mr. Mark Cowen indicated the cost was for a brick cinder block wall with brick facing for the entire wall; however, this had not been approved by the Planning Commission; the full brick wall estimate was $212,000.00.

Councilman Verinder reviewed the proposed vinyl fencing selection with cost of approximately $36,000.00. Also discussed the location of the wall, with Mr. Hembree indicating that it existed approximately thirteen feet from the property line. Councilman Verinder pointed out that a letter from the shopping center property manager indicating no objection to the vinyl fencing with the understanding to all concerned that construction of the fence and its continuing maintenance on both sides is the sole responsible of Tiffany Place.

Councilwoman Cole discussed the noise barrier effectiveness of the vinyl wall in comparison to that of a masonry wall, with Mr. Cowen also indicating they would be providing additional landscaping, which would also aid in the noise reduction.

Councilwoman Robinson inquired if the association had obtained quotes for a decorative masonry wall as opposed to traditional brick, with Mr. Mark Cowen indicating they had not.

Mayor Seeman entered into the Official Record an e-mail received from Mrs. Christine Keady, 300 B Locust Street, requesting approval of the waiver.

Mayor Seeman inquired in any other Tiffany homeowners desired to speak on the waiver request.

Mr. Steve Sattlehofer, 300 D Locust Street, supports waiver request based on costs and location.

Mr. Mike Langang, 300 E, Locust Street, presented a computer visual of two wooden fences which separate residential property from commercial property in the Town; urged approval of the waiver.

Ms. Carol Finney, 310 D, Locust Street, read a letter received from another resident wherein it was questioned why the fence could not be repaired. The Town Manager did indicate that it was found that no footers existed under the wall, or any footer that was there was sub-standard.

Mrs. Clare Barrett, 300 B, Locust Street, indicated that she was currently attempting to sell her home and the real estate agent has stated the wall is the financial detriment to the value of the home.

Mrs. Christine Keady, 300 B Locust Street, spoke in support of the vinyl wall and the financial impact that would be assessed upon each of the homeowners.

Councilman Lovelace indicated that it appeared to him that the basic problem was one of construction and questioned Mr. Robert Cowen what assurances the Town would have for construction and maintenance of the wall in the future. Mr. Cowen indicated that it is the responsibility of the residents; that as part of the management of the construction project money would be spent to have the appropriate inspectors, engineering and project oversight to make sure that it was done in accordance with specifications.

Mr. Briglia for the record indicated that masonry walls over three feet undergo a separate review process with the County; referred to as Critical Structure Review, the project would require engineering plans and careful inspection.

Councilwoman Robinson discussed which type of wall, vinyl or wood would be preferable as it relates to durability. Mr. Mark Cowen indicated it would be vinyl, which has a fifty year warranty. She thereafter, discussed the preferred vinyl wall design of the Association.

Councilwoman Cole questioned if the wall in this instance required a site plan to be viewed and if changing the material of the wall required a site plan modification. Mr. Hembree stated that he felt the wall was being placed in the same location and for that reason did not feel it required a revised site plan.

Councilwoman Kelleher spoke on the wall being a proffer at the time of development in 1983 and questioned if the matter required a proffer condition amendment. She further stated it was her understanding that under Virginia law proffers legally become part of the zoning on the property and run with the land.

Mr. Hembree read for the record the original proffer as follows “a six foot high brick wall shall be constructed along the northeasterly boundary and approximately thirteen feet off the northwesterly boundary along the line and the extent indicated on the development plan”. . . along with references to lot coverage and front yard setback.

Mr. Briglia indicated the request represented a replacement, something different from the site plan; it is not a waiver, the request is to modify the site plan. He also pointed out the request was not for a single family development, and that it would also require approval by the Board of Architectural Review.

Councilwoman Kelleher indicated that it was her understanding that to modify a proffer it would require a proffer condition amendment, which is the same as opening the rezoning.

It was moved to defer action on this matter until the next meeting, September 25, 2006 to allow the Town Attorney to research and obtain additional information relative to the proffer.

Motion: Verinder
Second: Lovelace
Carried unanimously – Poll vote

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


Mr. Schoeberlein indicated that he felt that when the matter is heard and decision reached, the Town Council should set a deadline for construction; the wall is dangerous and a time limit should be established.





APPROVAL OF SIGNAGE FOR “MY SISTER’S CLOSET,” LOCATED AT 111 CHURCH STREET, N.W., IN ACCORDANCE WITH CHAPTER 18, ZONING, SECTION 18-87.4 THROUGH 18-87.6. FILED BY DOUG D’ALEXANDER AND STEVE BUKONT OF WEDERBURN HOMES.

Discussion relative to the proposed color of the signage and lighting took place. Councilwoman Cole spoke of the criteria as contained in Page 18-76, Section 7, Paragraph 8, regarding façade signs where it provides that “façade signs may not interfere with or interrupt building details.” She pointed out that on the rendering the curved sign appears to interfere with the brick arch over the second floor windows; that it was not consistent with that section of the ordinance.

Councilwoman Robinson discussed the occupancy of the building on the second floor; along with the size of the lettering.

Councilman Lovelace discussed the design and lettering of the other signage contained on the building.

Councilman Verinder indicated that the curvature and degree of angles did not match that of the building and of the other signage. He expressed concern relative to size of the proposed sign and the non-conformance to the architecture feature of the building.

It was moved for approval of signage for “My Sister’s Closet” not as presented but in shape and dimension consistent with that displayed on the master signage proposal for the building, with the colors requested before the Town Council this evening, with three lamp illumination, again as represented on the master signage plan.

Motion: Cole
Second: Kelleher
Motion carried: 5/1 – Poll vote

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


The Town Manager requested the Director of Planning & Zoning to advise the owner of the property and any future tenants, that requests for signage approval will require them to be present.





COUNCIL APPROVAL FOR BLANKET PURCHASE ORDER TO USE THREE VENDORS FOR THE COMPUTER REPLACEMENT PROGRAM

It was moved for approval to authorize the I.T. Administrator to use three (3) blanket purchase orders with Gateway Computer for $5,000.00 with Dell Computer for $33,000.00 and with PC Mall.Gov for $12,000.00 for the Computer Replacement Program.

Motion: Lovelace
Second: Robinson
Carried unanimously – Poll vote

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





AUTHORIZATION TO AWARD CONTRACT IFB 07-06, ASPHALT-HOT MIX, TO NATIONAL ASPHALT MANUFACTURING CORPORATION, AND EXPEND APPROVED FY 2006-2007 BUDGETED FUNDS WITH AN ESTIMTED COST OF $145,000.00.

It was moved for approval to award IFB 07-06, Asphalt-Hot Mix, to National Asphalt Manufacturing Corporation and to expend approved FY 2006-2007 budgeted funds with an estimated cost of $145,000.00.

Motion: Verinder
Second: Kelleher
Carried unanimously – Poll vote

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






REQUEST APPROVAL FOR SAGRES CONSTRUCTION CORP. TO CONSTRUCT ST. BERNARD DRIVE DRAINAGE IMPROVEMENTS IN AN ESTIMATED AMOUNT OF $97,604.06 PLUS TO SOD IN AREAS WHERE GRASS IS DAMAGED, IF NECESSARY.

It was moved for approval of the proposal for St. Bernard Drainage Improvements with an estimated cost of $97,604.00 from Sagres Construction Corporation, with funding to come from the Spring 2006 Bond Funds, CIP account Number to be determined by the Director of Finance. It was further moved for approval of an additional proposal from Sagres Construction Corporation to sod in areas where grass is damaged, with an estimated cost of $8,875.00 if the work is done during the winter months and grass will not grow. Funding to come from the Spring 2006 Bond Funds, CIP Account Number to be determined by the Director of Finance.

Motion: Lovelace
Second: Cole
Carried unanimously – Poll vote

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





ADOPTION OF PROPOSED AMENDMENTS TO THE TOWN CODE, CHAPTER 23, EROSION AND SILTATION CONTROL, ARTICLES 1, IN GENERAL AND 2, STANDARDS AND REGULATIONS, TO CONFORM WITH AMENDMENTS TO THE VIRGINIA EROSION AND SEDIMENT CONTROL HANDBOOK, THIRD EDITION, 1992.


It was moved for adoption of the of Proposed Ordinance Amendments to the Town Code, Chapter 23, Erosion and Siltation Control, Articles 1, In General and 2, Standards and Regulations, as presented, to bring the Code into Compliance with State Regulations. It was further moved the Town Clerk be directed to advertise a Notice of Adoption.

Motion: Kelleher
Second: Robinson
Carried unanimously – Poll vote

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





ADOPTION OF PROPOSED TELECOMMUNICATIONS FRANCHISE TO VERIZON VIRGINIA, INC.

It was moved for adoption of the proposed Telecommunications Franchise Agreement with Verizon Virginia, Inc. It was further moved that the Town Clerk be directed to advertise a Notice of Adoption.

Motion: Lovelace
Second: Verinder
Carried unanimously- Poll vote

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





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

It was moved for adoption of the proposed cable franchise agreement with Verizon Virginia, Inc. to install new video cable service facilities in the Town of Vienna. It was further moved that the Town Clerk be directed to advertise a Notice of Adoption.

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

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


It was moved to adjourn.

Motion: Robinson
Second: Cole
Carried unanimously

Absent: Polychrones



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

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