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Town Council Meeting

Regular Meeting

Vienna, VA · December 9, 2019

AgendaMinutes

Minutes

Town of Vienna Charles A. Robinson Jr. Town Hall 127 Center Street South Vienna VA, 22180 Meeting Minutes Town Council Meeting Monday, December 9, 2019 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South Regular Meeting Invocation: Nadeen Huang, Bahai's of the Town of Vienna Pledge of Allegiance to the Flag of the United States of America 1. Roll Call Present: 7- Council Member Linda Colbert, Council Member Pasha Majdi, Council Member Douglas Noble, Council Member Nisha Patel, Council Member Steve Potter, Council Member Howard J. Springsteen and Mayor Laurie DiRocco 2. Approval of the Minutes: A. 19-1494 Approval of the Work Session Minutes of September 9, 2019, September 23, 2019, October 9, 2019, October 22, 2019, May 20, 2019 and the Special Meeting of May 20, 2019. It was moved to approve the Work Session Minutes of September 23, 2019, May 20, 2019 and the Special Meeting of May 20, 2019 as submitted. The minutes of September 9, 2019, October 9, 2019 and October 22, 2019 were tabled to the next meeting of January 6, 2020. 3. Receipt of petitions and communications from the Public that are not on the Agenda. (Limited to 5 minutes per issue and no formal action can be taken this evening) A local Boy Scout from Troop 987 introduced himself to Council, he is working on his Communications Merit Badge. 4. Reports/Presentations A. 19-1519 Presentation of 2019 Comprehensive Annual Financial Report (CAFR) Mayor DeRocco Introduced Marion Serfass, Director, Finance, to present the results of the annual audit of Town books and records as required by Vienna Town Code, Chapter 6, section 1. Ms. Serfass introduced Andrew Grossnickle, firm member, Robinson, Farmer, Cox Associates, to present the Town’s Comprehensive Annual Financial Report (CAFR) in accordance with state code requirement in chapter 15.2-2511 for presentation of the report to the governing body by December 31 of each year. Mr. Grossnickle noted that the Town ended the fiscal year, June 30, 2019, in financially stable condition. He highlighted a few items key items noting first that on a full accrual basis the net position of the Town as of June 30, 2019 stood at $51.2 M for Governmental activity and $11.2 M for Business type activity. These figures represented an increase of Town of Vienna Page 1 Printed on 1/29/2020 Town Council Meeting Meeting Minutes December 9, 2019 $915,000 and a decrease of $432,000, respectively. He further referenced the modified accrual statements noting particularly the fund balances; the bottom line figure for which the Town develops its’ budget. The government funds balance stood at $22.5 M as of June 30, 2019 of which $8.4 M was in the general fund. Within that $4.85 M was unassigned. The governmental funds represented a decrease of $1.7 M driven by expenditure of capitol project money on planned projects. The general fund itself showed a small balance decrease of $145,859 year over year. General fund revenues were over budget by $184,000, while expenditures were held within budget by $930,000. Mayor DiRocco thanked Mr. Grossnickle for his comments and opened the floor to questions. Councilmember Noble opened the discussion by expressing concern that the report was not received by Council until this meeting. He suggested that additional time may be required to adequately study the contents and urged a timelier distribution of this audit in forthcoming years. Director Serfass apologized for the short time line and assured that the audit will be sent with the agenda in the future. Councilmember Noble also questioned which Councilmember failed to meet the filing deadline for the statement of economic interest. Councilmember Majdi acknowledged that he turned in the paperwork three days ago and apologized for his negligence. He has taken steps to assure this never happens again. Attorney Briglia explained that the missed deadline was flagged in the audit due to recent changes in reporting requirements. He stressed that this case did not reach the level of sanctions. Councilmember Colbert remarked that while Councilmember Majdi did apologize for his failure to file the statement of economic activity on time, it is imperative that Vienna residents be able to trust Council members to be above reproach. Even though the law guides Council regarding inappropriate conflicts which may adversely affect votes, a nine-month delay represents a failure of the residents. Councilmember Springsteen sought clarification regarding the water and sewer budget as an enterprise fund. Mr. Grossnickle confirmed it is and noted that as such the goal is to have revenues sufficient for expenditures. Rarely is water and sewer fund profitable enough to even consider subsidizing other general government activity; usually it is the opposite. Councilmember Springsteen noted that the Town is positioned such that the general governmental fund has not been needed to subsidize water and sewer. A. Report and Inquiries of Council Members Mayor DiRocco called for councilmember comments and reports. Councilmember Springsteen opened the reporting by asking for clarification of the Town noise violation ordinance. Attorney Briglia indicated that he recently reviewed Town policy with Chief Morris who pointed out that no citations are issued with the first violation, however subsequent calls warrant a citation. He also noted that the holidays often see a spike in these types of calls due to the change in authorized work times. Section 10-20.1 of the Town Code prohibits most work activity between the hours of 11pm and 7am on weekdays and 11pm and 8am on Sunday. Holiday hours change such that work times move from 7am to 9am with Sundays open. Attorney Briglia also responded to Councilmember Patel’s concern regarding Town property violations. He pointed out that the Town is the caretaker of its property assuming the same rights as any individual. Town of Vienna Page 2 Printed on 1/29/2020 Town Council Meeting Meeting Minutes December 9, 2019 Councilmember Noble asked Director Gallagher for an overview of the Town’s snow removal plan for the benefit of the residents, to which it was noted that the weather is monitored on a continual basis and the Public Works Department stands ready to respond as warrented. Councilmember Colbert remarked that the James Madison High School Senior Ethics Day held at the Community Center was a success. She wished to thank Council for approving the funds to support this event. B. Report of the Town Manager Mayor DiRocco requested comments from Town Manager Payton who opened his remarks with an apology for the Town’s role in the removal of trees behind the new Wawa located at 465 Maple Avenue, W. He explained that, following an evaluation, Mr. Alex Shy, Town arborist, recommended at a preconstruction meeting that the trees should be taken down. He failed to inform Wawa representatives that a revised site plan would need to be submitted. Further, no public outreach was initiated. These failures resulted in a misunderstanding that negatively affected the surrounding neighborhood. In an effort to thwart further such issues, a committee has been assembled to create a unified approach to community outreach and identify how Town staff might more efficiently communicate with residence regarding construction project impact. Councilmember Noble suggested that there are internal process improvements to be made beginning with a definition of the overall problem. He further suggested that it would be useful for Council to receive an incident report in order to better understand what exactly went wrong. Councilmember Majdi, while in agreement with Councilmember Noble, noted that Town ordinance does not require Town staff to inform clients of next steps. To suggest that an employee should have followed a certain unwritten protocol, when they are not tasked to do so, is not, in his opinion, a positive way to run the Town. Town Manager Payton agreed that the client is responsible for the site plan and any necessary revisions, however, it is the Town’s policy to go “above and beyond”, especially as it relates to communication. The arborist should have informed the private entity of any follow up steps required to achieve final project completion. Councilmember Potter applauded the Town Manager’s management leadership. He supports efforts to evaluate why this happened and inquired if each department currently has a procedure manual for reference. Town Manager Payton noted that, as not every department has one, the new committee will be tasked with identifying a uniformed approach and standardized application across departments. Councilmember Noble stressed that this case was unique in that it involved a site plan modification at the initiation of Town staff based on site conditions observed in the field, as opposed to modification to an adopted site plan by the applicant. He urged that the committee be mindful of the various stages where a potential change to a site plan might occur. Mayor DiRocco thanked the Town Manager for his efforts and the Council for their insight, urging feedback on the committees efforts as it becomes available. Town Manager Payton continued his report with introduction of newly hired personnel. Mr. John J. Sergeant, Town Engineer; Mr. Andrew Jinks, Transportation Engineer and Ms. Natalie Monkou, Economic Development Manager. Town of Vienna Page 3 Printed on 1/29/2020 Town Council Meeting Meeting Minutes December 9, 2019 C. Report of the Mayor Mayor DiRocco opened her report with the announcement that she would not seek a fourth term reelection in May 2020. After 17 years in community public service, she has chosen to pursue other interests. She acknowledged the dedication and superior knowledge of the Town staff as well as the caring, thoughtful leadership of the Council. Most importantly she expressed her gratitude and appreciation for the citizens of Vienna. D. Proposals for Additional Items to the Agenda A motion was made by Councilmember Springsteen and seconded by Councilmember Majdi to move Agenda Item I and Item H forward following Item B. E. Closed Session It was moved that the members of the Vienna Town Council be polled to affirm that during the first closed session convened this day Monday December 9, 2019 the Town Council met for discussion for consideration of personnel matters, specifically the interviewing of individuals for consideration of personnel matters, this being the interviewing of certain individuals for consideration of 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 that the Town Clerk is authorized to execute the Certification Resolution. It was further moved that the closed session be continued to later this date, Monday, December 9, 2019 at the conclusion of the regular council meeting, in accordance with Virginia Code Section 2.2-3711.A.(3), for discussion and consideration of the acquisition of real estate property for a public purpose. Motion: Councilmember Colbert Second: Councilmember Noble Carried unanimously. It was moved that Friderike Butler be reappointed to the Town Business Liaison Committee for a two-year term. Said term shall be retroactively effective from October 5, 2019 to October 5, 2021. It was further moved that Theresa Bachmann be reappointed to the Windover Heights Board of Review for a two-year term. Said term shall be retroactively effective from September 17, 2019 to September 17, 2021. It was further moved that Linda Van Doorn be appointed to the Board of Architectural Review for a two-year term. Said term shall be effective from December 10, 2019 to December 10, 2021. It was moved that Dann Nash be recommended to Fairfax County Circuit Court for appointment to the Board of Zoning Appeals. Motion: Councilmember Colbert Second: Councilmember Springsteen Carried unanimously. E. Closed Session Aye: 7- Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Patel, Council Member Potter, Council Member Springsteen and Mayor DiRocco 5. Public Hearings Town of Vienna Page 4 Printed on 1/29/2020 Town Council Meeting Meeting Minutes December 9, 2019 A. 19-1516 Public hearing for issuance of 2020 bond Mayor DiRocco called the meeting to order at 9:10 p.m. The Town Clerk called the roll; all members of Council were present. Mayor DiRocco opened the hearing with a statement regarding the value of public input, noting that it is important to hear all voices and create an environment where citizens feel comfortable sharing their comments on the topic at hand. She urged quiet during presentations and thanked everyone in advance for their cooperation, respectful and courteous behavior. Citizens were asked to come forward, state their full name and address, and limit their time to three minutes. Each person was asked to speak only once. Mayor DiRocco invited Marion Serfass, Director of Finance to provide a brief overview of the subject matter. Director Serfass stated that she has come before the Town in accordance with Town Council's review and approval of the 2020 Capital Improvement Plan on October 21, 2019. The Town plans to issue $28,175,000 in bond financing in March 2020. In accordance with the State Code, Councils issuance of financing must be preceded by a public hearing and tonight represents that public hearing. The Town proposes to borrow $28 M for the projects they are receiving, another $5.3M from grants or other sources not subject to repayment. Construction and project management for the new police station represents $14.9M of that bond issue (53%). Engineering design was approved as part of the 2018 bond funding and is nearing completion this summer. Other projects anticipated in this bond funding include dollars for emergency generators, miscellaneous street, roadway and facility improvements, as well as Town investments and structured parking. The borrowing for these projects in total, $20.275M, will be financed by meal taxes paid by patrons of Vienna dining establishments. This proposed borrowing also includes $7.9M (28%) of the total for water and sewer projects; $2.5M to pay for sewer system capital improvements to Fairfax County and $5.4M to improve water and sewer infrastructure as approved by Council plan as part of the 2018 water and sewer rate study. This portion of the borrowing will be paid for by water and sewer fees collected from customers. Council had the foresight to devote a funding source to capital projects and no costs of that capital project comes from real estate taxes or general fund revenue. The forecasting is structured so at no point in time does the Town have a balance in the debt service fund, at less than $2M, which provides a reserve. This version of the debt model with the $28.1M borrowing leaves the Town with a reserve of at least $3.1M. Once the dollars afforded to the Patrick Henry Library parking garage are changed to reflect funding by NVTA the reserve will increase from $2M to $3M. Mayor DiRocco emphasized that reserves never fall below the $2M mark. Town Manager Payton thanked the Director of Finance for work on this model which extends to the year 2036. He highlighted her approach to protecting revenue in such a way that it is beneficial to the town, as well as all the various factors that impact the overall bottom line. Councilmember Springsteen wished to clarify that the capital improvement plan included water and sewer. Maintenance of the water and sewer system stands at $5.4M every two years, funded out of the water and sewer line item, which ultimately is repaid by fees. Councilmember Noble wished to clarify that Fairfax water and sewer capital improvements fund dollars is earmarked for the Fairfax County sewage treatment plant. Vienna also sends a portion to Blue Plains, which is a DC water and sewer facility. Ms. Serfass stated that the DC WASA amount is blended into their rate. Town of Vienna Page 5 Printed on 1/29/2020 Town Council Meeting Meeting Minutes December 9, 2019 Vienna pays a rate per million gallons; approximately $4,000 (per million gallons) with a capital component included. Director Serfass clarified that no actual capital bill is received for payment. Fairfax Water bill them (operating costs and capital improvements) separately. At this point Mayor DiRocco invited anyone who wished to speak to raise their hand. David DiFiore, 207 Owaissa Ct. SE, wished to clarify that the total bond figure is set at $35M and that $7M of that figure is earmarked for potential property acquisitions. Director Serfass agreed but stressed that should no property be purchased then that $7M will not be taken out as part of the loan. Mr. DiFiore expressed concern that residents may not fully understand this process. He listed numerous properties the Town has identified for consideration (approximately $5M) but hasn’t seen any plan where these potential acquisitions are identified. He urged the Council to be more transparent regarding where property acquisition monies are going, stressing that once the money is in Town’s possession, it is hard to pull back and not use it for another purpose. Noting that state code allows for any property acquisitions negotiations to be conducted in closed session, Director Serfass pointed out that the additional money is noted in the bond to allow for Town action should property come available. Even though Council approves an authorization up to $35M, until the date of issuance, the Town may decide not to include that item in the bond. She further stated that should the issuance be set at the full $35 M, the Town has three years to spend that additional money. If no debt is issued for that amount, then the Town loses that capacity. This process allows for flexibility should a property acquisition arise that would benefit the community. Town Manager Payton noted that upon Town Council approval of the CIP and bond, Town staff specifically addresses those items listed as “other”. While dollars may be authorized, bond may not be issued for that total amount because ultimately there is no need. It is a Town practice to only go to bond for money that is specifically needed, even if the authorization is higher. Mayor DiRocco thanked Mr. DiFiore for his comments and further noted that the Town’s intent would be to share information on any planned acquisitions and intended use at the point when they are able. Anna Benson, 349 Church St. wished to present a statement of concern regarding the tree removal behind the Wawa location. Mayor DiRocco questioned whether her comments related to the 2020 bond issuance. When Ms. Benson acknowledged that they were not, Mayor DiRocco urged her to save her comments until the next meeting when Items Not on the Agenda were opened for discussion. Councilmember Noble suggested that she may wish to speak later this evening during the item regarding Right of Way if her comments are germane to the subject under discussion. Nancy Logan, 410 Millwood Ct, SW. inquired if there had been a deferral of water and sewer maintenance funds, given the dramatic increase in her monthly bill. Mayor DiRocco noted that following completion of the 2018 study, the Town increased their investment in infrastructure. By way of elaboration, Director Serfass explained that in 2018 the Town hired a consultant to inspect the ailing infrastructure. A five-year plan was built off the recommendations with expenditures rolled into customer water rates. Following the five years, the Town will reevaluate. She further suggested that the significant increase noted by Ms. Logan was not likely due to this current rate increase and urged Ms. Logan to contact the Finance Department for a bill review Ms. Logan appealed for transparency from the Council Town of Vienna Page 6 Printed on 1/29/2020 Town Council Meeting Meeting Minutes December 9, 2019 in all matters regarding Town expenses. She stressed that the overall cost of living in Vienna has increased significantly, resulting in the exodus of many middle income residents and altering the diversity of the community. She suggested that the explosive property development must be generating record revenues. She encourages the Town to be judicious in its expenditures. Mayor DiRocco clarified that bonds are paid back with meals tax revenue (with the exception of water and sewer, which is paid through consumer water rates). Councilmember Springsteen commented that when he was first elected, water and sewer rates were his greatest concern. However, he has since learned that utilizing a blended rate places the Town at a rate comparable to the County. Further he noted that the Town receives less than 10% of the tax money from new builds, which translates into around $200,000-$300,000 additional revenue, a fairly insignificant amount. Councilmember Noble suggested that it may be helpful to post the results of the 2018 water and sewer study online for public review. He further observed that the amount of money sent to the county for the treatment plant has increased significantly over the last four years due to the capital improvement program. The rate study identified two different types of water service infrastructure in Vienna; one from the 1960’s and another from the 1970’ s that age out at the same time (eight to ten years). It is imperative to begin upgrade expenditures immediately in order to avoid a balloon expenditure in ten years’ time. Elizabeth DeFransisco 434 Knowle Dr., NW. requested a graphic illustrating where the $25 M bond money will be used. Director Serfass responded by referencing a visual identifying each item and walking through the list. Councilmember Noble requested clarification on bond premiums for the benefit of the public. Director Serfass responded that investors are interested in high quality debt; as Vienna has a AAA bond rating resulting from its low default risk and well run municipality, the Town can issue debt at a lower rate. As an example, the last issuance for $7.9 M provided the Town $1.3 in premiums. This provides extra funds for Town use. Penny Oszak, 221 Nutley St., NW. requested further clarification of the Fairfax County and the Town water and sewer items. Director Serfass indicated that $2.5 M is allocated to Fairfax County for improvements to the sewer treatment facilities that receive the Town sewage lines. The other item is for Town replacement of water mains and improvements to the infrastructure. Ms. Ozark also questioned the low figure allocated for project overruns, given the issue with overruns for the Community Center. Director Serfass noted that the Town has learned from past mistakes and has budgeted a 15% contingency into the $14.9M for the Police Station. There has also been a project manager involved from the outset to aid in cost control. Ms. Oszark further questioned the allocation for a Community Center generator to which Director Serfass confirmed that money for a generator was not built into the overall cost of the Community Center. Councilmember Noble pointed out that as each capital project enters engineering and design phase, there is now a contingency contained within the total amount for the project. Councilmember Springsteen clarified that the $2.5 M for County sewer represents Vienna’s assessment (based upon number of customers; each municipality pays a prorated amount). Director Serfass noted that Vienna pays 1.8% of the overall bill. Town of Vienna Page 7 Printed on 1/29/2020 Town Council Meeting Meeting Minutes December 9, 2019 Tina Cardenas, 214 Ceret Ct., Sw. questioned how the Town planned to pay for the library garage. Director Serfass explained the project will be sent out for County wide applications in November 2020. In January of 2021 the project will enter the design phase, which will be funded by Vienna. She will work with NVTA and NVTC to acquire grants for the construction phase which is scheduled to begin in 2022. As construction projects are rebalanced every year, she will make certain that the money is available to complete this project. Ms. Cardenas further inquired about the status of the Church St. garage project, noting that there has been no site plans made available for public view. Attorney Briglia indicated that the Town is negotiating with a parking facility but there is currently no signed contract. Should the negotiations prove unsuccessful then the bond will not be issued. Ms. Cardenas questioned if the $1.6 M is budgeted to pay for purchase, design, and build, to which Director Serfass replied that it would fund Vienna’s portion of the overall cost, in addition to the $2. 3M that has already been awarded by NVTA. Town Manager Payton emphasized that NVTA has authorized $2.3 M for parking on Church St., but beyond that, negotiations are confidential. Referencing the Police Station project, Ms. Cardenas pointed out that more than half of the total bond is earmarked for this effort yet the public has seen no elaboration of the costs. Director Serfass indicated that this information is currently available on the Town website. She noted that the Town borrowed nearly $1.8M in 2018 for design and project management. The remainder is for construction and project management. The Town purchased the land nearly 10 years ago. She offered to email Ms. Cardenas the figures. Mayor DiRocco pointed out that the Council is very aware of the need for parking on Church St. and the Town’s obligation to fulfill this obligation. She noted that the Town continues to seek out opportunities but the monies in the bond were a place holder. Councilmember Springsteen noted that the library is primarily funded by the County library fund and that the police station is a vital necessity to the community. Councilmember Noble reminded everyone that the police department construction project is available on the website. With no further comments from the public Mayor DiRocco opened comments to the Council. Councilmember Majdi congratulated Director Serfass on the improved public presentation. He further acknowledged Mr. DiFiorie for requesting greater information and clarification, suggesting that the website might include a clickable link for major construction projects. Mayor DiRocco reminded everyone that updates are provided on a monthly basis in the Vienna Voice. Councilmember Patel pointed out the website is currently under construction and may be difficult to navigate. However, when complete, these documents will be easier to access and may provide much of the information sought by the community. With no further comments it was moved to close the public hearing. Motion: Councilmember Majdi Second: Councilmember Colbert Carried Unanimously It was further moved to approve the bond ordinance entitled 'Ordinance Authorizing the Issuance of General Obligation Public Improvement Bonds, Notes or Other Forms of Indebtedness of the Town of Vienna, Virginia in a Principal Amount Not to Exceed Town of Vienna Page 8 Printed on 1/29/2020 Town Council Meeting Meeting Minutes December 9, 2019 $35,000,000; Providing for Reimbursement to the Town of Vienna, Virginia from Bond Proceeds; and Authorizing the Execution and Delivery of Certain Documents Related Thereto. It was further moved that the Town Clerk and bond counsel be authorized to advertise notice of the adoption of such bond ordinance. Motion: Councilmember Springsteen Second: Councilmember Colbert Carried Unanimously This item was approved as shown. Aye: 7- Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Patel, Council Member Potter, Council Member Springsteen and Mayor DiRocco 6. Consent Agenda It was moved to approve the Consent Agenda as presented. A motion was made by Council Member Linda Colbert, seconded by Council Member Howard J. Springsteen, that this item is approved. The motion carried by the following vote: Aye: 7- Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Patel, Council Member Potter, Council Member Springsteen and Mayor DiRocco A. 19-1472 Request award of RFP 20-04 for $43,500 with Affordable Lawn Sprinklers for installation of an irrigation system at the community center B. 19-1502 Request approval of vehicle purchases within the Vehicle Replacement Program for FY20 C. 19-1498 Request to include GIS module for previously awarded idtPlans plan review software D. 19-1504 Request CIP funding for milling and paving projects E. 19-1525 Acceptance of Byrne/JAG Law Enforcement Equipment Grant 7. Regular Business A. 19-1521 Request approval of Transportation Safety Commission (TSC) motion on revised guidelines for the Pedestrian Advisory Committee (PAC) and the Bicycle Advisory Committee (BAC). It was moved to approve the TSC’s recommended revised guidelines for the Pedestrian Advisory Committee and Bicycle Advisory Committee. A motion was made by Council Member Springsteen, seconded by Council Member Colbert, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Patel, Council Member Potter, Council Member Springsteen and Mayor DiRocco B. 19-1505 Request approval of Transportation Safety Commission-recommended Shared Town of Vienna Page 9 Printed on 1/29/2020 Town Council Meeting Meeting Minutes December 9, 2019 Mobility Devices (SMDs) pilot program It was moved to approve the Shared Mobility Devices pilot program and Memorandum of Agreement as recommended by the Transportation Safety Commission. Motion: Councilmember Springsteen Second: Councilmember Potter It was moved to amend the motion so that scooters are not permitted on the sidewalks on Maple AVenue. Motion: Counilmember Majdi It was moved to amend the motion to say scooters are not permitted on Maple Avenue or the sidewalks next to Maple AVenue. Motion: Councilmember Majdi It was moved to make a friendly amendment to ban them from sidewalks on Maple Avenue. Motion: Councilmember Majdi This was not accepted by the motioner It was moved to make an unfriendly amendment to ban them from sidewalks. No second was made. It was moved to amend the speed limit to 8 mph from 10 mph. Motion: Councilmember Noble Second: Councilmember Potter It was also moved to amend that it is the same speed limit of 8 mph for areas adjacent to schools, parks and recreation centers. Motion: Councilmember Noble Second: Councilmember Colbert Final amendment: To amend Article 4 of the MOA Service Area item 2, to swap 10 mph along Maple and Nutley corridors to 8 mph and to add in item 4, related to operational limit of scooters to 8 mph along roadways adjacent to schools, parks and recreation centers. Motion: Councilmember Springsteen Second: Councilmember Noble Abstain: Councilmember Patel Nay: Councilmember Majdi Motion passed A motion was made by Council Member Springsteen, seconded by Council Member Potter, that the Action Item be approved. The motion carried by the following vote: Town of Vienna Page 10 Printed on 1/29/2020 Town Council Meeting Meeting Minutes December 9, 2019 Aye: 5- Council Member Colbert, Council Member Noble, Council Member Potter, Council Member Springsteen and Mayor DiRocco Nay: 1- Council Member Majdi Abstain: 1- Council Member Patel C. 19-1503 Award RFP 20-03, Maple Avenue Utility Undergrounding Feasibility Study, to Rinker Design. It was moved to table the item to the January 6, 2020 Council meeting. A motion was made by Council Member Springsteen, seconded by Council Member Noble, that the Action Item be tabled. The motion carried by the following vote: Aye: 7- Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Patel, Council Member Potter, Council Member Springsteen and Mayor DiRocco D. 19-1514 Request approval to rename Northside Park to Northside Park - Maud Robinson Wildlife Preserve. It was moved to rename Northside Park to Northside Park - Maud Robinson Wildlife Preserve. A motion was made by Council Member Springsteen, seconded by Council Member Patel, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Patel, Council Member Potter, Council Member Springsteen and Mayor DiRocco E. 19-1523 Approve purchase of real property located at 124 Courthouse Road SW It was moved to approve purchase of the property at 124 Courthouse Road SW for $1,438,500, plus additional closing costs in an amount not to exceed $10,000. It was further moved to authorize the Mayor to execute all associated closing documents to effect this purchase. A motion was made by Council Member Majdi, seconded by Council Member Noble, that the Action Item be approved. The motion carried unanimously. Aye: 7- Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Patel, Council Member Potter, Council Member Springsteen and Mayor DiRocco F. 19-1515 Request to set a public hearing for January 27, 2020 regarding proposed amendments to proffered conditions for 374 to 380 Maple Avenue W and to refer this matter to the Planning Commission for a recommendation. Pursuant to Virginia Code 15.2-2302(B) and 15.2-2204, it was moved to refer the proposed amendments to proffered conditions for 374-380 Maple Avenue W to the Planning Commission for recommendation and public input. It was further moved to set a public hearing on this matter for January 27, 2020 and direct the Town Clerk to advertise a Notice of Public Hearing. A motion was made by Council Member Colbert, seconded by Council Member Springsteen, that the Action Item be approved. The motion carried by the following vote: Town of Vienna Page 11 Printed on 1/29/2020 Town Council Meeting Meeting Minutes December 9, 2019 Aye: 7- Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Patel, Council Member Potter, Council Member Springsteen and Mayor DiRocco G. 19-1491 Request to set a public hearing for February 3, 2020 to amend the Comprehensive Plan as it relates to Town-owned properties at 114 Locust Street SW and 440 Beulah Road NE and refer the matter to the Planning Commission for consideration. It was moved to set a public hearing for February 3, 2020, in regard to amending the Comprehensive Plan as it relates to Town-owned properties located at 114 Locust Street SW and 440 Beulah Road NE. and It was further moved to direct the Town Clerk to advertise a Notice of Public Hearing. and It was further moved to refer the matter to the Planning Commission for consideration. A motion was made by Council Member Springsteen, seconded by Council Member Noble, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Patel, Council Member Potter, Council Member Springsteen and Mayor DiRocco H. 19-1526 Proposal for Transparency and Accountability in Management of Town Right Of Way It wasI moved to request from the Conservation and Sustainability Commission, within 90 days, a formal policy for recommendations for tree conservation in the Town right of way where such conservation is consistent with the purpose of the Town property and /or right of way. It was further moved to request from the Board of Architectural Review, within 90 days, written recommendations for improving its approval process related to the preservation of trees on Town Property and ROWs. It was further moved to include in correspondence with the Board of Architectural Review and the Conservation and Sustainability Commission the lists of recommended ordinances or policies for their consideration included in Agenda Item 19-1526. A motion was made by Council Member Majdi, seconded by Council Member Springsteen, that the Action Item be tabled. The motion carried by the following vote: Aye: 7- Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Patel, Council Member Potter, Council Member Springsteen and Mayor DiRocco I. 19-1527 Motion by Councilmember Potter for comprehensive reorganization and update of Subdivision and Zoning Ordinances, Chapters 17 and 18 of Town Code It was moved to direct planning and zoning staff to expand the scope of the Maple Avenue Commercial (MAC) zone and other proposed commercial zone amendments, as directed by Council to date, to include: request for proposal preparation for the comprehensive reorganization and update of Chapters 17 and 18 of the Town Code; consultant interviews and selection recommendations for consulting firms with national and Virginia experience; and determination of a realistic moratorium period for the MAC zone based upon the scope of work identified. All pertinent work accomplished to date by staff, committees, commissions, boards, and Council, as well as relevant results from public comments, surveys, and workshops shall be retained and shared with the winning consulting firm for use in development of the Town of Vienna Page 12 Printed on 1/29/2020 Town Council Meeting Meeting Minutes December 9, 2019 aforementioned reorganization and update. A motion was made by Council Member Potter, seconded by Council Member Colbert, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Colbert, Council Member Noble, Council Member Patel, Council Member Potter, Council Member Springsteen and Mayor DiRocco Nay: 1- Council Member Majdi 8. Meeting Adjournment The meeting of Town Council was adjourned at 11:47pm. THE TOWN OF VIENNA IS COMMITTED TO FULL COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT STANDARDS. TRANSLATION SERVICES, ASSISTANCE OR ACCOMMODATION REQUESTS FROM PERSONS WITH DISABILITIES ARE TO BE REQUESTED NOT LESS THAN 3 WORKING DAYS BEFORE THE DAY OF THE EVENT. PLEASE CALL (703) 255-6304, OR 711 VIRGINIA RELAY SERVICE FOR THE HEARING IMPAIRED. Town of Vienna Page 13 Printed on 1/29/2020

Agenda

Town of Vienna Charles A. Robinson Jr. Town Hall 127 Center Street South Vienna VA, 22180 Meeting Agenda Town Council Meeting Monday, December 9, 2019 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South Regular Meeting Invocation: Bahai's of the Town of Vienna Pledge of Allegiance to the Flag of the United States of America 1. Roll Call 2. Approval of the Minutes: A. 19-1494 Approval of the Work Session Minutes of September 9, 2019, September 23, 2019, October 9, 2019, October 22, 2019, May 20, 2019 and the Special Meeting of May 20, 2019. Attachments: Draft Work Session Minutes 9-9-19 Draft Work Session Minutes 9-23-19 Draft Work session Minutes May 20, 2019 Draft Work Session Minutes 10-9-19 Draft Special Meeting Minutes - 5-20-19 Draft Work Session Minutes 10-22-19 3. Receipt of petitions and communications from the Public that are not on the Agenda. (Limited to 5 minutes per issue and no formal action can be taken this evening) 4. Reports/Presentations A. 19-1519 Presentation of 2019 Comprehensive Annual Financial Report (CAFR) Attachments: Regulatory Requirements for Agenda Items- CAFR A. Report and Inquiries of Council Members B. Report of the Town Manager C. Report of the Mayor Page 1 Printed on 12/6/2019 Town Council Meeting Meeting Agenda December 9, 2019 D. Proposals for Additional Items to the Agenda E. Closed Session 5. Public Hearings A. 19-1516 Public hearing for issuance of 2020 bond Attachments: Regulatory Requirements for Agenda Items- Bond public hearing Active_122930976_3_Vienna 2019 - Ordinance Public Hearing project listing 2020 6. Consent Agenda A. 19-1472 Request award of RFP 20-04 for $43,500 with Affordable Lawn Sprinklers for installation of an irrigation system at the community center Attachments: Regulatory Requirements for Agenda Items - VCC Irrigation 12.9.19 RFP 20-04 Summary for Agenda Addendum1RFP20-04 RFP20-04FINAL RFP 20-04 Proposal Pricing Sheet B. 19-1502 Request approval of vehicle purchases within the Vehicle Replacement Program for FY20 Attachments: 63_F450_4X4 96_F250_4X4 Regulatory Requirements for Agenda Items Rev 081519 (002) IFB1952 SOLICITATION IFB1953 SOLICITATION C. 19-1498 Request to include GIS module for previously awarded idtPlans plan review software Attachments: Regulatory Requirements for idtPlans GIS Module Estimate_1112_from_IDT_Plans_LLC D. 19-1504 Request CIP funding for milling and paving projects Attachments: IFB 20-03 ARTHUR CONCRETE IFB 20-03 Summary and Bid Tab IFB20-03FINAL Regulatory Requirements for Agenda Items Rev 081519 (002) Proposed contractual asphalt 19-20 Page 2 Printed on 12/6/2019 Town Council Meeting Meeting Agenda December 9, 2019 E. 19-1525 Acceptance of Byrne/JAG Law Enforcement Equipment Grant Attachments: Byrne grant award Byrne Grant Conditions Updated grant App Regulatory Requirements for Agenda Items- Byrne grant 7. Regular Business A. 19-1521 Request approval of Transportation Safety Commission (TSC) motion on revised guidelines for the Pedestrian Advisory Committee (PAC) and the Bicycle Advisory Committee (BAC). Attachments: BAC Operating Guidelines- Final wSDB Edits 06 05 2019 PEDESTRIAN ADVISORY COMMITTEE original with edits BAC Operating Guidelines 102919 PAC Operating Guidelines 102919 TSC Motion on PAC and BAC 102919 Regulatory Requirements for Agenda Items Rev 081519 (002) B. 19-1505 Request approval of Transportation Safety Commission-recommended Shared Mobility Devices (SMDs) pilot program Attachments: Regulatory Requirements for Agenda Items Rev 081519 (002) TSC Motion on SMD Pilot 120419 Final SMD MOA_2019-11-26 SMD Permit Application_2019-11-26 SMD Pilot Summary_2019-11-26 C. 19-1503 Award RFP 20-03, Maple Avenue Utility Undergrounding Feasibility Study, to Rinker Design. Attachments: Vienna Maple St feasibility proposal 2019-10-22 Addendum1RFP20-03 RFP 20-03 Summary for Agenda RFP20-03FINAL Regulatory Requirements for Agenda Items Rev 081519 (002) D. 19-1514 Request approval to rename Northside Park to Northside Park - Maud Robinson Wildlife Preserve. Attachments: Regulatory Requirements for Agenda Items- Renaming Northside Park 12.9.19 Bob McCahill email 11.23.19 Page 3 Printed on 12/6/2019 Town Council Meeting Meeting Agenda December 9, 2019 E. 19-1523 Approve purchase of real property located at 124 Courthouse Road SW Attachments: Regulatory Requirements for Agenda Items- Regular procur Robinson 124 Courthouse Rd SW map McGuire Group auction site Purchase Contract Terms and Conditions of The Auction Sale (124 Courthouse Rd. SW).docx F. 19-1515 Request to set a public hearing for January 27, 2020 regarding proposed amendments to proffered conditions for 374 to 380 Maple Avenue W and to refer this matter to the Planning Commission for a recommendation. Attachments: Regulatory Requirements for Agenda Items - Public Hearing to Accept Amended Proffers for 380 Maple W State Code Sections 15.2-2302 and 15.2-2204 G. 19-1491 Request to set a public hearing for February 3, 2020 to amend the Comprehensive Plan as it relates to Town-owned properties at 114 Locust Street SW and 440 Beulah Road NE and refer the matter to the Planning Commission for consideration. Attachments: 440 Beulah Rd NE Context Map 114 Locust St SW Context Map Town Comprehensive Plan - 2015 Update - Chapter 3 - Land Use - Future Land Use Plan Town Comprehensive Plan 2015 Update Regulatory Requirements for Agenda Items - Public Hearing to Amend Comp Plan H. 19-1526 Proposal for Transparency and Accountability in Management of Town Right Of Way Attachments: May 9 2016 Chick-fil-A (December 9, 2019 TC Meeting Majdi) BAR April 18 2019 Wawa (December 9, 2019 TC Meeting Majdi) ALLEY Vacation and Abandoment Proceedure 8-7-2012_201402111402058873 (December 9, 2019 TC Meeting Majdi) Agenda cover sheet 6-17-19 I. 19-1527 Motion by Councilmember Potter for comprehensive reorganization and update of Subdivision and Zoning Ordinances, Chapters 17 and 18 of Town Code 8. Meeting Adjournment THE TOWN OF VIENNA IS COMMITTED TO FULL COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT STANDARDS. TRANSLATION SERVICES, ASSISTANCE OR ACCOMMODATION REQUESTS FROM PERSONS WITH DISABILITIES ARE TO BE REQUESTED NOT LESS THAN 3 WORKING DAYS BEFORE THE DAY OF THE EVENT. PLEASE CALL (703) 255-6304, OR 711 VIRGINIA RELAY SERVICE FOR THE HEARING IMPAIRED. Page 4 Printed on 12/6/2019

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