Town Council Meeting

Town of Vienna Charles A. Robinson Jr. Town Hall 127 Center Street South Vienna VA, 22180 Meeting Minutes Town Council Meeting Monday, February 22, 2021 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South 1. Resolution A. 21-2076 Resolution for Continuity of Government Mayor Linda Colbert read into the record the Continuity of Government. The Resolution was approved through voice vote. 2. Invocation: Councilmember Ray Brill Mayor Colbert recognized Council Member Brill who provided the evening’s invocation. 3. Pledge of Allegiance to the Flag of the United States of America 4. Roll Call Council: Council Member Chuck Anderson (via ZOOM); Council Member Ray Brill Jr., Council Member Nisha Patel (via ZOOM); Council Member Steve Potter (via ZOOM), Council Member Ed Somers (via ZOOM); Council Member Howard J. Springsteen and Mayor Linda Colbert. Staff: Mercury Peyton, Town Manager; Cindy Petcak, Director, Planning and Zoning (via ZOOM); Steve Briglia, Town Attorney, Mike Gallagher, Director Public Works. Present: 7- Council Member Chuck Anderson, Council Member Ray Brill Jr., Council Member Nisha Patel, Council Member Steve Potter, Council Member Ed Somers, Council Member Howard J. Springsteen and Mayor Linda Colbert 5. Acceptance of the Minutes: 5. Acceptance of the Minutes: A. 21-2075 Acceptance of the Regular Council Meeting Minutes of February 1, 2021 and the Conference Session Minutes of January 25, 2021, February 4, 2021 and February 8, 2021. The Regular Council Meeting Minutes of February 1, 2021 and the Conference Session Minutes of January 25, 2021, February 4, 2021 and February 8, 2021 were approved with revisions. 6. Receipt of petitions and communications from the Public that are not on the Agenda. (Limited to 3 minutes per issue and no formal action can be taken this evening) There were no receipts of petitions or communications. 7. Reports/Presentations Town of Vienna Page 1 Printed on 3/25/2021 Town Council Meeting Meeting Minutes February 22, 2021 A. 21-2063 Financial Report on First Seven Months of Fiscal 2021 Mayor Colbert called on Marion Serfass, Director of Finance to provide an overview of the Town finances of the first seven months. Noting that the General Fund revenue is trending slightly positive to the 2021 budget, Director Serfass highlighted the following: • The surplus from no cuts to State revenue is partially offset by unfavorable results from use of money and property (interest income and community center rentals), and other parks and recreation revenue (classes, camps and special events) from delays in reopening the community center due to the pandemic. • Zoning and building permit fees continue to be favorable to budget due to new home construction and the start of several commercial developments. • General fund expenditures are favorable to budget due to vacant positions (see attachment) and savings in parks and recreation for class and special events expenses. Debt Service Fund • For the first 6 months of 2021, meals tax receipts are 83% of the prior year, compared to 50% budgeted. • While the winter months will be more challenging, in total, results are much better than initially budgeted. 8. Closed Session Mayor Colbert recognized Council Member Somers. It was moved that the members of the Vienna Town Council be polled to affirm that a Closed Session was held on February 6, 2021 virtually via ZOOM, and in-person, in accordance with Virginia Code, Section 2.2-3711.A.(1), and the Town of Vienna’s Continuity of Government ordinance, for discussion or consideration of personnel matters, specifically the annual performance evaluations of the Town Manager and the Town Clerk and the annual discussion with the Town Attorney. A closed session was also held February 8, 2021 and again on February 22, 2021, in accordance with Virginia Code, Section 2.2-3711.A.(1), and the Town of Vienna’s Continuity of Government ordinance, for discussion or consideration of personnel matters, specifically the interviewing of individuals for consideration of appointment or reappointment tgo 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. And it was further moved that the Closed Session be continued to later this date Monday, February 22, 2021 at the conclusion of the regular meeting in accordance with Virginia Code, Section 2.2-3711.A.(3), and Section 2.2-3711.A.(7) and the Town of Vienna’s Continuity of Government ordinance, for discussion on the disposition of publicly held real property in consultation with legal counsel for legal advice. Motion, Council Member Somers; second, Council Member Springsteen. Motion passed unanimously. It was moved that Sean Casey be reappointed to the Conservation and Sustainability Commission for a two-year term; said term shall be retroactively effective from January 8, 2021 to January 8, 2023. It was moved that Rodney Holland be reappointed to the Town’s Business Liaison Committee for a two-year term; said term shall be retroactively effective from February 1, 2021 to February1, 2023. It was moved that Angela Sorrell be reappointed to the Transportation and Safety Commission for a two-year term; said term shall be effective from March 12, 2021 to Town of Vienna Page 2 Printed on 3/25/2021 Town Council Meeting Meeting Minutes February 22, 2021 March 12, 2023. It was moved that Johnathan Crum be reappointed to the Town’s Business Liaison Committee for a two-year term; said term shall be effective from February 23, 2021 to February 23, 2023. It was moved that Patricia Estryn be appointed to the Conservation and Sustainability Commission to complete the two-year term of Elizabeth D’Fransisco; said term shall be effective from February 23, 2021 to June 16, 2022. Motion Council Member Somers; second Council Member Patel. Motion carried unanimously. 8. Closed Session Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert 9. Public Hearings A. 21-2067 Public hearing to consider Dominion Energy easement request at 413 Tapawingo Road SW Mayor Colbert called the Public Hearing to order at 8:19 PM. Town Clerk Melanie Clark called roll. All Council Members were present. Mayor Colbert called on Director Mike Gallagher to present the item for discussion. Dominion Energy Virginia’s Strategic Underground Program is a systemwide initiative to shorten restoration times following major storms by placing certain outage-prone overhead electric distribution lines and equipment underground. A current project in planning stages runs along Meadow Lane SW, starting from Plum Street SW to Frederick Street SW and along the 600 and 700 blocks of Frederick Street SW from Meadow Lane to the Town’s water tower located at 413 Tapawingo Road SW. The project also includes undergrounding along the 600 and 700 blocks of Hillcrest Drive SW as well as the 400 block of Ridge Road SW. Dominion is requesting a 15’ by 15’ easement from the Town on the water tower property (413 Tapawingo Road SW) in order to install a pad-mounted transformer. The proposed easement location is on the northwest corner of the parcel as shown on the attached deed and plat. The proposed location would not interfere with any Town operations nor impact access to any Town facilities. Mayor Colbert opened the floor for discussion. Council Member Brill questioned whether it would be advisable to coordinate undergrounding of the power and telecommunications lines suggesting that the timing of this request appears out of sync. Director Gallagher agreed, but noted that the telecommunications companies expressed no interest when contacted by Dominion Power representatives. As this is a purely voluntary program, Dominion Power is not open to negotiation or compensation with any parties. Council Member Brill questioned whether, in the future, the Town may bear liability for removing underground cable (if necessitated). Town Attorney Briglia responded that Dominion Power is regulated by the State Corporation Commission and operates under Certificates of Convenience issued through them. There must be a franchise agreement in place because constitutionally in Virginia, before anyone, including a public service corporation, can use the right-of-way or public property, they must be granted a franchise, and if they are using a public right-of-way, like Dominion Power has requested, the maximum term is forty years. Since this is part of the Town’s power distribution system, the majority of the work for the undergrounding will be done in the right-of-way, however they currently don’t have adequate space for pad placement. Town of Vienna Page 3 Printed on 3/25/2021 Town Council Meeting Meeting Minutes February 22, 2021 Since there is already a public facility at the corner of Frederick and Tapawingo (with facilities for telecommunications), it made sense to locate the transformers there. When the franchises with Verizon and Cox (current Town telecommunications companies) were created, they were allowed to co-locate on the poles because Dominion Power, at that time, had no intention to underground (nor did the Town require it). The Town is gaining some headway however, so when the franchises come up for reconsideration, there will be discussions about either undergrounding or at the very least, having plans to do so in the near future. With Maple Avenue the agreement states that should Dominion Power underground, then Verizon must as well. If the franchise is not renewed, then the SCC would step in. Council Member Brill noted that language in the Right-of-Way agreement is very one-sided and down the road could cause problems. He expressed his discomfort with moving forward without a telecommunications commitment. Town Attorney Briglia emphasized that Dominion Power lines are significantly more expensive to underground than telecommunications due to the systems they support, so it’s not necessarily an equal cost to underground for all parties involved. Director Gallagher concurred and noted that it could potentially be years before all company providers were ready to underground simultaneously. He further noted that Dominion Power has been undergrounding throughout Town for some time, this is simply the first time Council has been involved. Mayor Colbert stated that residents along the effected streets are excited about the project. Council Member Patel expressed support for the project, especially as it will help elevate power outages. She did however support the suggestion that telecommunication undergrounding should follow. A motion was made to close the public hearing. Motion, Council Member Patel; second, Council Member Springsteen. Motion carried unanimously. Following additional discussion, a motion was made to approve a 15'x15' easement on property at 413 Tapawingo Road SW to Dominion Energy and authorize the mayor to execute the deed contingent upon review and approval of the Town Attorney. Motion, Council Member Springsteen; second, Council Member Anderson. Motion carried unanimously. A motion was made by Council Member Springsteen, seconded by Council Member Anderson, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert 10. Regular Business A. 21-2062 Request approval of memorandum of understanding between the Optimist Club of Greater Vienna and Town of Vienna for use of the Vienna Community Center parking lot for the 2021 Vienna Farmers Market It was moved to authorize the mayor to execute an MOU between the Town and Optimist Club of Greater Vienna for the 2021 Vienna Farmers Market. Motion, Council Member Patel; second, Council Member Springsteen. Motion carried unanimously. A motion was made by Council Member Patel, seconded by Council Member Springsteen, that the Action Item be approved. The motion carried by the following vote: Town of Vienna Page 4 Printed on 3/25/2021 Town Council Meeting Meeting Minutes February 22, 2021 Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert B. 21-2057 Amend sub recipient agreement with Fairfax County for CARES Act funds spending date extension It was moved to amend sub recipient agreement with Fairfax County for CARES Act funds spending date extension. Motion, Council Member Springsteen; second, Council Member Potter. Motion carried unanimously. 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: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert C. 21-2059 Intent to adopt text amendments to add family day home provisions to sections 18-4, 18-13, 18-210 of Chapter 18 of the Town Code. Council Member Springsteen requested that the remainder of the agenda be adopted by consent. A motion was made that the following action items be approved by consent: Action Item C. Intent to adopt text amendments to add family day home provisions to sections 18-4, 18-13, 18-210 of Chapter 18 of the Town Code. Action Item D. Intent to adopt text amendments to Sidewalk Ordinance, Section 17-67.2 of Chapter 17 of the Town Code Action Item E. Intent to adopt text amendments to Temporary Sign Regulations in Article 19 of Chapter 18 of the Town Code, sections 18-175, 18-177, 18-178, and 18-185 with corrections. Motion, Council Member Springsteen; second, Council Member Anderson. Motion carried unanimously. This Action Item was approved. Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert D. 21-2060 Intent to adopt text amendments to Sidewalk Ordinance, Section 17-67.2 of Chapter 17 of the Town Code This Action Item was approved. Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert E. 21-2061 Intent to adopt text amendments to Temporary Sign Regulations in Article 19 of Chapter 18 of the Town Code, sections 18-175, 18-177, 18-178, and 18-185 This Action Item was approved Town of Vienna Page 5 Printed on 3/25/2021 Town Council Meeting Meeting Minutes February 22, 2021 21-2083 Second Closed Session Mayor Colbert called for a recess into Closed Session at 9:07 PM. Mayor Colbert called the Council back to order at 10:18 PM. Town Clerk, Melanie Clark called roll. All Council were present. It was moved that the members of the Vienna Town Council be polled to affirm that a second closed session was held this date, February 22, 2021, virtually via ZOOM, and in-person, in accordance with Virginia Code, Section 2.2-3711.A.(7), and the Town of Vienna’s Continuity of Government ordinance, in accordance with Virginia Code, Section 2.2-3711.A.(3), and the Town of Vienna’s Continuity of Government ordinance for discussion of the disposition of the Town’s publicly held real property in consultation with legal counsel for legal advice. 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. And it was further moved that the Closed Session be continued to Monday, March 1, 2021 at 7:15 PM in accordance with Virginia Code, Section 2.2-3711.A.(1), and the Town of Vienna’s Continuity of Government ordinance, for discussion and consideration of personnel matters, specifically the interviewing of individuals for consideration of appointment or reappointment to Town Boards and Commissions. Motion, Council Member Somers; second, Council Member Springsteen. Motion carried A motion was made by Council Member Somers, seconded by Council Member Springsteen, that the item be approved. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert 11. Meeting Adjournment Mayor Colbert called for a motion to adjourn. Motion, Council Member Patel; second, Council Member Anderson. Meeting adjourned at 10:20 PM. 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 6 Printed on 3/25/2021