Minutes

REGULAR COUNCIL MEETING
April 7, 2008


The Town Council met in regular session on Monday, April 7, 2008, 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, Daniel M. Dellinger, Edythe F. Kelleher, George E. Lovelace, Michael J. Polychrones, and Maud F. Robinson. 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 Roberto A. Paz, Iglesia Cristo Es Mi Refugio (Christ Is My Refuge) Church; 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 MARCH 17, 2008 AND TWO PUBLIC HEARINGS OF MARCH 17, 2008.

Councilwoman Cole stated she had spoken with the Town Clerk regarding the spelling of two names referenced in the Minutes, to which the Town Clerk indicated she would make the necessary corrections.

It was moved for the approval of the Minutes of the Regular Council Meeting of March 17, 2008 and Two Public Hearings of March 17, 2008.

Motion: Dellinger
Second: Lovelace
Carried unanimously



RECEIPT OF PETITIONS AND COMMUNICATIONS FROM THE PUBLIC.

None



PRESENTATION OF SNOW REMOVAL AWARDS.

At this time Mayor Seeman, along with Mr. William Harrison, Chairman of the Town/Business Liaison Committee, presented to Ms. Elizabeth King a certificate in recognition of her assistance in snow removal during the previous winter. Mr. John Katchmer also was nominated to receive a snow removal award however, as he was not present Mr. Harrison indicated he would mail it to him.



REPORT AND INQUIRIES OF COUNCIL MEMBERS.

Councilman Dellinger discussed with the Town Manager the evaluation of a hybrid vehicle, with Mr. Schoeberlein indicating this would be included in the Budget Work Sessions.

Councilwoman Robinson spoke of reading the Sun Gazette’s Local History Column and quoted from the following article: “April 3rd, 1961, the Vienna Town Council is set to decide whether to approve construction of a dozen ten-story apartments in the Westbriar area.” She stated the site is located where the Country Club now exists; there was lengthy debate by the
Town Council whether to approve the apartment complex application or not; and many citizens had turned out to speak that evening.



REPORT OF THE TOWN MANAGER.

None


REPORT OF THE MAYOR.

Mayor Seeman spoke on the tree trimming being done by the company contracted by Dominion Power and the fact they were asked to shut down the operation until certain aspects of the job were discussed with Dominion Power, such as reporting the accidental cutting of cable lines.

Mayor Seeman discussed with the Town Manager the information received from Dominion Power regarding the street lighting replacement and the amount of wattage that would be utilized.

Mayor Seeman stated she had received an e-mail from Mrs. Lynn Sanderson, who lives on George Street, S.W. wherein, she states that any candidate for the Town Election may post a campaign sign in her yard.

Mayor Seeman requested that Members of Council begin to think of legislative priorities at this time, as a public hearing will be necessary prior to the issues being presented to the State Senator and Delegate. She further indicated this procedure came about based on a bill as suggested by the Town of Purcellville and an inquiry from the Governor’s office if a public hearing had been conducted.

Mayor Seeman reminded Council Members of the Volunteer reception being held on Tuesday evening; and that twenty-four citizens, along with five honorable mention’s, would be honored in recognition of their service to the Town.

The Mayor stated that the last meeting of “Vienna at your Service” programs would be held on May 13, 2008. This particular program will focus on the Town Hall staff, such as the Public Information Officer, Town Attorney, etc., who will present a five minute overall view of their job functions.

Mayor Seeman stated the next meeting of the Towns of Northern Virginia Association, will be held in Vienna in June. She also has requested that VML representatives attend as she feels it is important to work very closely with them, and also as the next president of VML will be Councilman Polychrones, she has invited him to be present.

The Mayor announced that VDOT has informed the Town that Beulah Road will be opened to two-way traffic next week; however, the ribbon cutting ceremony is scheduled for Tuesday, April 29, 2008 at 11:00 A.M. She further indicated that work on punch-list items will continue and should be completed by the end of May, but will not affect the two-way traffic pattern.

Mayor Seeman announced that she had received information from the Northern Virginia Regional Commission relative to foreclosure should anyone wish to read-up on this matter.

Mayor Seeman reported on the Closed Session conducted this date at 7:15 P.M. which was convened for the specific purpose of conducting interviews with individuals interested in appointment to Town Boards and Commissions; and that no other business had been discussed during the Session.

It was moved that the Members of the Vienna Town Council be polled to affirm that during the Closed Session convened this date, April 7, 2008, the Town Council met 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. It was further moved that the Certification Resolution be adopted in accordance with State Statutes and the Town Clerk is authorized to execute the Certification Resolution. It was further moved that the Closed Session also be continued to April 21, 2008 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: Cole, Dellinger, Kelleher, Lovelace, Polychrones,
Robinson, Mayor Seeman

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


It was moved that Mr. Chris Brunjes, be appointed to the Town/Business Liaison Committee for a two year term of office. Said term to be effective April 8, 2008 and expire April 8, 2010.

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

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


Mayor Seeman spoke on the last meeting of the Towns of Northern Virginia Association, it was decided that the non-voting town member of the Northern Virginia Transportation Authority would be appointed on a rotating basis in order of population. She indicated the representative would rotate as follows: Leesburg, Herndon, Vienna, Purcellville, Dumfries, and so on down the line. The Mayor further indicated that a letter to this effect must be sent to the Chairman of the Authority and she would seek Council’s agreement to this procedure.

It was moved that the non-voting Town Member of the Northern Virginia Transportation Authority will be appointed from the Northern Virginia Town’s Association on a rotating basis in order of population.

Motion: Lovelace
Second: Polychrones
Carried unanimously



PROPOSALS FOR ADDITIONAL ITEMS TO THE AGENDA.

None



PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CURRENT COMPREHENSIVE PLAN BY REVISING MAP #FCP-1,”ENCOURAGED LOCATIONS FOR TELECOMMUNICATIONS FACILITIES,” BY ADDING THREE TOWN-OWNED PROPERTIES THERETO, AND AMENDING BOTH THE COVER SHEET AND THE LAST SENTENCE ON PAGE 74 OF THE COMPREHENSIVE PLAN DOCUMENT.

See Official Minutes attached.



REQUEST FOR $200.00 IN FUNDING FROM ACCOUNT NUMBER #10113-45504 FOR THE FIRST ANNUAL SOFTBALL SLAM, CONDUCTED BY THE TOWN/BUSINESS LIAISON COMMITTEE IN CONJUNCTION WITH THE VIENNA-TYSONS REGIONAL CHAMBER OF COMMERCE, TO BE HELD DURING BUSINESS APPRECIATION WEEK.

It was moved for approval to give $200.00 in funding from Account Number #10113-45504 for the Town/Business Liaison Committee to use toward the first annual Softball Slam event to be held during Virginia Business Appreciation Week.

Motion: Dellinger
Second: Cole
Carried unanimously – Poll Vote

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



REQUEST APPROVAL TO RIDE COMMONWEALTH OF VIRGINIA, VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) CONTRACT TO PURCHASE TWO 10 FOOT HYDRAULIC 5.5 CUBIC YARD TRUCK MOUNTED SAND AND SALT SPREADERS FOR THE STREET MAINTENANCE DIVISION, FROM HENDERSON MANUFACTURING, INC., WITH AN ESTIMATED TOTAL COST OF $32,600.70.

It was moved for approval to ride Commonwealth of Virginia, VDOT contract IFB 105600 Contract 27171 for Abrasive Spreaders – Statewide, for the purchase of two 10 foot Hydraulic, 5.5 cubic yard truck mounted spreaders from Henderson Manufacturing, Inc. of Manchester, Iowa at a total cost of $32,600.00 under the Vehicle Replacement Program.

Motion: Cole
Second: Robinson
Carried unanimously – Poll vote

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



REQUEST APPROVAL TO CONTINUE RIDING CITY OF CHESAPEAKE CONTRACT #05-118-983-86 WITH CINTAS CORPORATION OF PORTSMOUTH, VIRGINIA, FOR UNIFORM RENTAL SERVICES AND WALK-OFF MATS IN PUBLIC BUILDINGS SUCH AS TOWN HALL, THE COMMUNITY CENTER, AND POLICE HEADQUARTERS, WITH FUNDING AS APPROVED ON MAY 21, 2007.

It was moved for approval to continue riding City of Chesapeake, Virginia contract number #05-118-983-86 with Cintas Corporation of Portsmouth, Virginia for Uniform Rental Services, with funding as approved on May 21, 2007.

Motion: Kelleher
Second: Polychrones
Carried unanimously – Poll vote

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



REQUEST APPROVAL TO EXPEND FISCAL YEAR 2007-2008 BUDGETED FUNDS IN AN ESTIMATED AMOUNT OF $9,620.00 FOR THE PURCHASE OF TWO MORE RADAR SPEED SIGN BOXES, WITH THEIR SOLAR PANELS AND MOUNTING BRACKETS, FROM RGA, INC. OF POWHATAN, VIRGINIA.

It was moved for approval to purchase two pole mount Solar Panels and Brackets, item number RU2-250-SP, from RGA, Inc., of Powhatan, Virginia with an estimated cost of $9,620.00, using this vendor to provide continuity with the existing speed boxes.

Motion: Lovelace
Second: Dellinger
Carried unanimously – Poll vote

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



REQUEST APPROVAL TO EXTEND THE TOWN’S CONTRACT FOR THE DISPOSAL OF CANS, PLASTIC, GLASS, NEWSPAPER AND CARDBOARD, CONTRACT IFB #-3-10 WITH WASTE MANAGEMENT RECYCLE AMERICA, FOR NINETY DAYS UNTIL IT CAN BE REBID.

It was moved for approval to extend the existing contract for ninety (90) days at the current prices until contract IFB 03-10, Recyclable Material Processing, can be rebid to Waste Management Recycle America Alliance, Fairfax, Virginia.

Motion: Dellinger
Second: Lovelace
Carried unanimously – Poll vote

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



REQUEST APPROVAL FOR ADDITIONAL FISCAL YEAR 2007-2008 BUDGETED FUNDS IN AN ESTIMATED AMOUNT OF $6,500.00 FOR SUPPLEMENTAL MANPOWER IN THE SANITATION DIVISION IN THE DEPARTMENT OF PUBLIC WORKS. TEMPORARY LABORERS TO BE PROVIDED BY ACE TEMPORARIES, INC. OF ALEXANDRIA, VIRGINIA AT A RATE OF $13.95 PER HOUR.

It was moved for approval of additional Fiscal Year 2007-2008 budgeted funds to Ace Temporaries, Inc. of Alexandria, Virginia with an estimated additional cost of $6,500.00

Motion: Lovelace
Second: Cole
Carried unanimously – Poll vote

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


REQUEST APPROVAL TO EXPEND AN ESTIMATED AMOUNT OF $78,000.00 FOR A TEMPORARY ENGINEER IN THE DEPARTMENT OF PUBLIC WORKS FROM JANUARY 28TH UNTIL AUGUST 31ST, 2008. TEMPORARY EMPLOYEE HAS BEEN PROVIDED BY TRI-TEK ENGINEERING OF HERNDON, VIRGINIA AT A PROPOSED RATE OF $60.00 PER HOUR.

It was moved for approval to use a temporary engineer provided by Tri-Tek Engineering from January 28, 2008 to August 31, 2008 with $57,138.00 of the estimated funding to come from approved Fiscal Year 2007-2008 budgeted funds under RFP 07-04 Engineering plus $20,862.00 to be requested from FY 2008-2009 budgeted funds for a total estimated amount requested of $78,000.00.
Motion: Lovelace
Second: Cole
Carried unanimously – Poll vote

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


It was moved to Amend the Main Motion that continuation of the contract for the temporary engineer into the next fiscal year is contingent upon the approval of the funds in the 2008-2009 Fiscal Year Budget.

Motion: Kelleher
Second: Cole
Carried unanimously – Poll vote

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


REQUEST APPROVAL TO AWARD RFP 08-01, 4TH OF JULY LASER LIGHT SHOW, TO IMAGE ENGINEERING OF BALTIMORE, MARYLAND, A NATIONALLY RENOWNED AWARD-WINNING PRODUCTION COMPANY, IN AN AMOUNT NOT TO EXCEED $22,700.00.

It was moved for approval to award RFP 08-01, 4th of July Laser Light Show to Image Engineering of Baltimore, Maryland in an amount not to exceed $15,000.00.

Motion: Kelleher
Second: Robinson
(See Below)


It was moved as a Substitute Motion for approval to award RFP 08-01, 4th of July Laser Light Show, to Image Engineering of Baltimore, Maryland, in an amount not to exceed $22,700.00.

Motion: Cole
Second: Lovelace
Motion carried: 4/3 – Poll vote

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


It was moved for approval to award RFP 08-01, 4th of July Laser Light Show, to Image Engineering of Baltimore, Maryland, in an amount not to exceed $22,700.00.

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

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


ADOPTION OF THE PROPOSED NEW RENTAL RATES, POLICIES, AND PROCEDURES FOR THE VIENNA COMMUNITY CENTER, TO GO INTO EFFECT ON JULY 1, 2008.

It was moved for approval of the proposed new Community Center rental rates, policies and procedures to go into effect on July 1, 2008.

Motion: Cole
Second: Lovelace
Carried unanimously – Poll vote

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



ADOPTION OF A PROPOSED ORDINANCE TO AMEND THE CODE OF THE TOWN OF VIENNA, CHAPTER 9, MOTOR VEHICLES AND TRAFFIC, ARTICLE 7, TOWN VEHICLE LICENSES, REPEALING SECTIONS 9-64 THROUGH 9-70, EFFECTIVE APRIL 15, 2008.

It was moved for adoption of the Ordinance to repeal Article 7, Chapter 9 of the Code of the Town of Vienna, specifically repealing Sections 9-64, 9-65, 9-66, 9-67, 9-68, 9-69, and 9-70 relating to the Town Vehicle Licenses. It was further moved the repeal of Article 7 shall become effective April 15, 2008.

Motion: Cole
Second: Lovelace
Carried unanimously – Poll vote

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

It was moved the Town Clerk be directed to advertise a Notice of Adoption.

Motion: Cole
Second: Lovelace
Carried unanimously


TOWN COUNCIL CONVENING INTO A CLOSED SESSION.

It was moved the Town Council adjourn at this time and meet in Closed Session in accordance with Virginia Code Section 2.2-3711.A(29) relative to negotiations and award of a public contract. It was further moved that upon conclusion of the Closed Session the Town Council will reconvene in Regular Session for the purpose of reporting on the Closed Session.

Motion: Kelleher
Second: Cole
Carried unanimously – Poll vote

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


The Town Council adjourned in Closed Session at 9:56 P.M.


The Regular Meeting of the Town Council reconvened at 10:15 P.M. Noted for the record that all Members as previously recorded were again present.

Mayor Seeman stated the Closed Session had been called for the purpose of discussing with the Town Manager, Town Attorney and the Director of Finance a matter regarding the negotiation of a public contract. 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 at 9:56 P.M., the Town Council met for the purpose of discussing a matter relative to negotiation of a public contract. It was further moved that the Certification Resolution be adopted in accordance with State Statutes and the Town Clerk is authorized to execute the Certification Resolution.

Motion: Kelleher
Second: Cole
Carried unanimously – Poll vote

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

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


It was moved to adjourn.

Motion: Robinson
Second: Cole
Carried unanimously


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



PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CURRENT COMPREHENSIVE PLAN BY REVISING MAP #FCF-1, “ENCOURAGED LOCATIONS FOR TELECOMMUNICATIONS FACILITIES,” BY ADDING THREE TOWN-OWNED PROPERTIES THERETO AND AMENDING BOTH THE COVER SHEET AND THE LAST SENTENCE ON PAGE 74 OF THE COMPREHENSIVE PLAN DOCUMENT.

APRIL 7, 2008

The Town Council held a duly advertised public hearing on the above cited Comprehensive Plan Amendment, on Monday, April 7, 2008, in the Council Room of the Town Hall, 127 Center Street, South. Mayor M. Jane Seeman, called the hearing to order with the following members of Council present: Laurie G. Cole, Daniel M. Dellinger, Edythe F. Kelleher, George E. Lovelace, Michael J. Polychrones, and Maud F. Robinson. Also present were John H. Schoeberlein, Town Manager; Steven D. Briglia, Town Attorney; and Carol A. Orndorff, Town Clerk.


Mayor Seeman stated the proposed amendment to the Comprehensive Plan provides the establishment of telecommunications facilities on three town owned water storage tanks. She continued by stating the Planning Commission studied the proposed amendment on several occasions and conducted a public hearing on January 23rd and February 13, 2008. The Mayor entered into the record the Memorandum of recommendation from the Planning Commission dated February 24, 2008. (Copy attached to Official Minutes.) The Mayor continued by stating the Town Council had discussed the amendment during the Budget Work Sessions in 2007 where it was made apparent that many citizens had complained about dropped calls and dead zones within the Town; and also viewed as a revenue source.

Mr. Gregory Hembree, Director of Planning & Zoning, addressed Council, and stated that one addition proposal had come out of the review of the Planning Commission, being that town-owned properties would be limited to circumstances where other installations had been proven not to be feasible due to technical issues associated with adequate telephone coverage and other physical limitations. The idea of that recommendation from the Planning Commission was to ensure that a site on Maple Avenue, for example, was not abandoned in favor of a residential site. He further stated that if the Town Council approved the proposed amendment and recommendation, the Town would then have some control over where it felt was an appropriate location for the facilities. Mr. Hembree continued by introducing Mr. Garrison C. Cavell and Mr. Michael D. Rhodes of the firm Cavell Mertz & Associates, technical consultants in communication, media, broadcasting systems, technology and FCC Regulations, who were present to technical questions.

Mayor Seeman inquired if there was technology being developed that would replace the cell towers; was there still a need for that type of antenna. Mr. Cavell responded there was still a need as there was a pervasive use of cell technology and the spin-offs and there would be more technologies that are also employed; there is continued need for more and more data and communications ability. Upon discussion with Mr. Cavell and Mr. Rhodes regarding the increasing need for cell towers/antenna, Mr. Cavell spoke of the need for increased coverage regarding public safety; and the fact the Town’s Police Department was utilizing the MS Services through Fairfax County; and the FCC encourages entities to make available structures for all comers.

Councilman Lovelace spoke of the site location analysis performed for the Town by Cavell Mertz, and if it was based on a significant increase in quality. Mr. Rhodes stated they had not performed any specific analysis on site locations for the Town. Mr. Cavell stated he had performed some of the early planning when cell phones were “just babies” and it was first done by population distribution, then by traffic counts and as the industry matured, it was determined the early assumptions were wrong and more and more people had phones. He further stated that any company applying to the Town will have analyzed coverage studies, marketing studies, traffic, etc. They will know where it is needed and the Town could make available one water tower, one building or one existing utility pole for use with one antenna or many; they can tailor the coverage to suit where there is a problem. He further stated the Town could hold the company(s) feet to the fire to do only as much as needed to be done.

Mayor Seeman questioned the height of the towers, to which Mr. Rhodes indicated there is not a typical height; for cellular providers it is not such a matter of coverage issue as it is a capacity issue. Mr. Cavell stated that since the Town is surrounded by many cellular antennae already and the need for a great big tower to serve the entire community is not necessary; it depends on the need and the density and how well the signals are supported.

Councilwoman Robinson discussed height and coverage areas and how atmosphere signals are affected by clear or unclear paths. Councilwoman Robinson inquired as to maximum and minimum height requirements and questioned if the water towers were of sufficient height. Mr. Cavell stated that for cellular the minimum would be 50’ and pcs could be on a television pole. Mr. Rhodes indicated it would depend on the need of the applicant company as to coverage requirements; the lower the site the smaller the cell site is and the more cell sites they have the better coverage; the smaller footprints are better for companies due to use capacity.

Councilwoman Cole clarified for the record, the proposed amendment is for antennae not towers; the amendment is for location of antennae on existing structures. Councilwoman Cole discussed the Town’s role in determining the structure capacity, with Mr. Rhodes stating the water department (Department of Public Works) would have to make that determination. Mr. Cavell stated he would recommend that any offer received from a cellular company would have to demonstrate to not harm the water tower and the Town’s engineering department has the right to veto should it be necessary. A structural study should be done and should be a requirement of the Town that the cellular company should provide.

Councilman Dellinger discussed the potential size of the ground structure, with the engineers indicating the current size is approximately the size of a refrigerator cabinet; it should be fenced and secured and should not be an attractive nuisance.

Mayor Seeman discussed the possible harmful affects of a cellular tower/antennae. Mr. Cavell stated there is a guideline which his company uses which was set by the FCC and developed by the Environmental Protection Agency, the Food and Drug Administration, the National Institute for Occupational Safety and Health, and the Occupational Health and Safety Administration who developed the standards/guidelines. The guideline indicates you would have to be four feet in front of the antenna to receive any type of measurement; an antenna on top of a water tower would not present health issues. Mr. Cavell also stated that he would caution that when maintenance must be done on the water tower, the cellular company(s) must be notified and cease their transmission so the workers can safely perform the work.

Mayor Seeman called for anyone wishing to speak on the proposed amendment.

Mr. Fayez Saleeb, 414 Tapawingo Road, S.W., stated he was against the amendment. His property is across the street from the water tower, and he was most concerned regarding safety and health; that waves emit from the towers which was of great concern.

Mayor Seeman indicated that was the reason she had questioned the engineers regarding the Federal standards and indicated the antennae would be on top of the water tower and therefore, he would not be impacted.

Mr. Saleeb stated he reserved the right later that if any evidence is found that affects him as a citizen, he reserves the right, even after the project is done.

Mayor Seeman stated that there is a monitor which can be utilized to check for emissions and could be done every month.

Mr. Schoeberlein stated the proposed amendment did not mean that installation of antennae on the water towers would happen; it merely allows for it to possibly happen in the future. The Town Council would still have to meet with the applying cellular companies and arrive at an appropriate lease, etc.

Councilwoman Cole clarified for Mr. Saleeb benefit, the procedure that would take place if an application is received for placement of an antenna on the water tower; that the Department of Planning & Zoning would notify all surrounding neighbors.

Mr. Cavell stated for the record, that the antennae are designed to focused the energy straight out to the horizon, not down to the foreground in front of it, because they are designed to reach further; the cell phone provider can provide a diagram of what the energy looks like.

Councilman Lovelace stated that what may be technically feasible does not necessarily get full agreement and attention by the citizens. He always questions as what a citizen would need in order to be convinced that the technical advancement is not going to do the things the citizen feels it would do.

Ms. Judith Shamir, 500 Tapawingo Road, S.W., stated she felt the comment by Councilman Lovelace was appropriate as to what information the citizens would need. She felt that should an antenna be placed on the water tower she would be interested in seeing some type of evaluations by health experts who can look at the studies which have been done and where the waves are going.

Councilwoman Cole stated she had received an e-mail from a resident from a citizen who was unable to attend the public hearing, being Mrs. Diane Maroney of Owaissa Court, S.E. who wanted to address cell coverage in the southeast part of Town. They have had chronic problems in that part of Town; that the reception in that area is non-existent.


It was moved the Public Hearing be closed.

Motion: Polychrones
Second: Robinson
Carried unanimously – Poll vote

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


It was moved for approval of the proposed amendment to the current Comprehensive Plan to revise Map #FCF-1, Encouraged Locations for Telecommunications Facilities, and to add three Town-owned properties thereto, and to amend both the cover sheet and the last sentence on Page 74 of the Comprehensive Plan document.

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

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

Councilwoman Robinson expressed the fact she did not feel Tapawingo Road Water Tower should be a location considered within the proposed amendment. It is a single family residential neighborhood and will be used as a commercial use, i.e., the water tower will be used as a commercial facility to enhance revenue and is not appropriate in keeping with the Town’s zoning. The water tower is on Town-owned land and used for the public health, safety and welfare of the community. She questioned if the Planning Commission had seen any pictures of the ground structures, to which Mr. Hembree replied they had not but all had a familiarity with the subject structures. Councilwoman Robinson felt Tapawingo Road should be exempt from the proposed amendment. She felt the installation of the ground facilities would provide for a ugly facility within a residential neighborhood. She concluded by stating she was disappointed in the posting of the public hearing; Tapawingo and Frederick has two street frontages and only one sign was posted on Tapawingo Road. The posting notice on Nutley Street is short in height and partially hidden by a bed of tulips, which you could just drive right by it and not view it.

Councilwoman Cole indicated her disagreement that the proposed amendment to the Comprehensive Plan represents a commercial operation, it will be much less invasive than a home occupation which is permissible within the Town Code. Intrusion upon the neighborhood will be minimal and the testimony with the consulting engineers that the supporting structures will not be large or out of scale to the neighborhood. The health and safety issues are important to the citizens and will be addressed prior to any installation however, wireless technology is as much of a utility in today’s society as water; people are not having wire-line phones in their homes they are relying on wireless technology and must be made available to the citizens. The Town Council will be very stringent on its review and will not allow a “land rush” on the water tower. Giving the lack of coverage in the southwest and southeast quadrants of Town is it shortsighted to exclude the Tapawingo tower from the proposed provision.

Thereafter, discussion ensued relative to allowed uses, and references as to commercial use in residential zones.

Councilman Lovelace spoke on not seeing the posting at the Nutley Street site and citizen notification.


It was moved to Amend the Motion to delete Tapawingo Road as a site for location of Telecommunication Facilities.

Motion: Robinson
Second: Lovelace
Motion fails: 5/2 – Poll vote

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

It was moved to Amend the Main Motion by adding the wording as recommended by the Planning Commission, by adding a sentence stating the three Town- owned properties be limited to situations where other designated locations are not feasible or acceptable due to technical issues such as lack of coverage, or physical limitations where additional antennae and associated facilities cannot be sited.

Motion: Robinson
Second: Dellinger
Motion carried: 6/1 – Poll vote

Voting Aye: Cole, Dellinger, Kelleher, Polychrones, Robinson
Mayor Seeman



The Public Hearing adjourned at 9:00 P.M.

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