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Town Council Meeting

Regular Meeting

Vienna, VA · June 7, 2021

AgendaMinutes

Minutes

Town of Vienna Charles A. Robinson Jr. Town Hall 127 Center Street South Vienna VA, 22180 Meeting Minutes Town Council Meeting Monday, June 7, 2021 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South 1. Resolution A. 21-2337 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: Reverend Jon Strand, Holy Comforter Church Mayor Colbert introduced Reverend Jon Strand, Holy Comforter Church 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; Council Member Ray Brill Jr., Council Member Nisha Patel (via ZOOM); Council Member Steve Potter (via ZOOM), Council Member Ed Somers; Council Member Howard J. Springsteen and Mayor Linda Colbert. 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. Approval of the Minutes: A. 21-2335 Acceptance of the Regular Council Meeting Minutes of May 17, 2021 and the Conference Session Minutes of May 10, 2021, iMay 24, 2021 and May 26, 2021. The Regular Council Meeting Minutes of May 17, 2021 and the Conference Session Minutes of May 10, 2021, May 24, 2021 and May 26 were accepted as submitted. A motion was made that the Minutes be accepted. 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 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 petitions or communications from the public. 7. Closed Session Report It was moved that the members of the Vienna Town Council be polled to affirm that a Town of Vienna Page 1 Printed on 7/13/2021 Town Council Meeting Meeting Minutes June 7, 2021 Closed Session was held on June 7, 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 interviewing of individuals for consideration of appointments 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. And it was further moved that the Closed Session be continued to Monday, July 12, 2021 at 7:00 PM 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 appointment and/or reappointment to Town Boards and Commissions. Motion, Council Member Somers; second, Council Member Springsteen. Motion carried unanimously. It was moved that Keith Aimone be reappointed to the Planning Commission for a two-year term. Said term shall be effective from June 21, 2021 until June 21, 2023. It was moved that Belle Gambino be appointed student member of the Vienna Public Arts Commission. Said term shall be effective June 8, 2021 until June 30, 2023. Motion, Council Member Somers; second, Council Member Springsteen. Motion carried unanimously. It was further moved to nominate the following to the Virginia Municipal League Policy Committees: Community and Economic Development Committee, Council Member Steve Potter; Environmental Quality Committee, Council Member Howard Springsteen; Finance Committee, Council Member Nisha Patel; General Laws Committee, Council Members Chuck Anderson and Ray Brill; Transportation Committee, Council Member Ed Somers and Mayor Linda Colbert. Motion, Council Member Somers; second, Council Member Anderson. Motion carried unanimously. This matter was approved 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 8. Consent Agenda It was moved to approve the following consent agenda items as presented. Motion, Council Member Patel; second, Council Member Springsteen. Motion carried unanimously. A. 21-2298 FY 2022 funding of contracts issued by other jurisdictions. Approved on the Consent Agenda Town of Vienna Page 2 Printed on 7/13/2021 Town Council Meeting Meeting Minutes June 7, 2021 B. 21-2299 FY 2022 funding and renewals of Town contracts C. 21-2308 Request approval of Memorandum of Understanding between Vienna Little League and Town of Vienna for use of Yeonas Park during the Fourth of July 2021 entertainment and fireworks show. D. 21-2300 Request additional FY21 spending with Commonwealth Paving utilizing IFB 17-03 for milling, overlay and traffic marking. E. 21-2282 Set a public hearing to consider adoption of an ordinance to amend and vacate boundary lines of abutting Linncrest Lot 3, to include the adjacent 2,790 square foot parcel, Westwood View Lot B, on property located at 505 Creek Crossing Road NE in the RS-16 zoning district F. 21-2301 Request additional spending with Shirley Construction to rehabilitate the trunk sewers that cross Route 7 at Difficult Run project. G. 21-2302 Request approval for spending $1,000,000 with E.E. Lyons Construction for water main and appurtenance improvements within the Town's water service area. 9. Regular Business A. 21-2309 Request award of IFB 21-05 for Bowman House roof replacement. Mayor Colbert recognized Leslie Herman, Director, Parks and Recreation to present the item for consideration. In response to questions regarding the contract award process, State Code does not require a minimum number of bids on a contract, therefore receipt of only one bid is not basis for not awarding the contract. It was moved to approve award of IFB 21-05 to Vertex Roofing Contractors, Inc. to replace the Bowman House roof, in an amount not to exceed $76,405. 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 B. 21-2273 Extension and re-adoption of emergency ordinance to waive zoning regulations to permit temporary outdoor activity through December 7, 2021 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. 21-2275 Extension and re-adoption of emergency ordinance to permit temporary waivers of zoning regulations and review for public, semi-public, and private institutions through Town of Vienna Page 3 Printed on 7/13/2021 Town Council Meeting Meeting Minutes June 7, 2021 December 7, 2021 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 D. 21-2276 Extension and re-adoption of emergency ordinance to permit a temporary waiver of zoning restrictions for child day care in commercial zones, industrial zones, and for public, semi-public, and private institutions in other zones through December 7, 2021 It was moved to approve and re-adopt extension of the temporary ordinances as outlined in Items 9B 21-2273, 9C 21-2275, and 9D 21-2276 of the Agenda. It was further moved to direct the Town Clerk to advertise a Notice of Adoption of the emergency ordinance. 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 E. 21-2307 Approve Continued Participation in Development Agreement for Patrick Henry Library Public Parking Mayor Colbert recognized Marion Serfass, Director of Finance to provide a brief history of the item. It was moved to approve and re-confirm the Town’s participation in the development agreement for the next phase of the Patrick Henry Library renovation and structured parking project, specifically for the design phase of the project at a cost not to exceed $850,000. Motion, Council Member Patel; second, Council Member Potter. Motion carried unanimously. A motion was made by Council Member Patel, 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 F. 21-2338 Appointment of Town Officials for Fiscal Year 2021-22 It was moved to re-appoint the following Town Appointed Officers for Fiscal Year 2021-22: Mercury T. Payton, Town Manager, pursuant to a contractual agreement; and Steven D. Briglia as Town Attorney, pursuant to a contractual agreement between the Town of Vienna and Steven D. Briglia for legal and prosecuting services; and Melanie J. Clark as Town Clerk; and Marion Serfass as Town Treasurer. Motion, Council Member Anderson; second, Council Member Springsteen. Motion carried unanimously. A motion was made by Council Member Anderson, 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 7/13/2021 Town Council Meeting Meeting Minutes June 7, 2021 Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert G. 21-2284 Use of Right of Way and Telecommunication Facilities License Renewal by U.S. Federal Government Mayor Colbert recognized Steve Briglia, Town Attorney, who presented the item for consideration. It was moved to approve the proposed Use of Public Right of Way and Renewal Agreement/Acknowledgement of Assignment and authorize the Mayor to execute. Motion, Council Member Anderson; second, Council Member Somers. Motion carried unanimously. A motion was made by Council Member Anderson, seconded by Council Member Somers, 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. Meeting Adjournment Mayor Colbert called for a motion of adjournment. Motion, Council Member Springsteen; second, Council Member Anderson. Meeting adjourned at 9:00 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 5 Printed on 7/13/2021

Agenda

Town of Vienna Charles A. Robinson Jr. Town Hall 127 Center Street South Vienna VA, 22180 Meeting Agenda Town Council Meeting Monday, June 7, 2021 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South 1. Resolution A. 21-2337 Resolution for Continuity of Government Attachments: Resolution - Continuity of Government June 7, 2021 2. Invocation: Reverend Jon Strand, Holy Comforter Church 3. Pledge of Allegiance to the Flag of the United States of America 4. Roll Call 5. Approval of the Minutes: A. 21-2335 Acceptance of the Regular Council Meeting Minutes of May 17, 2021 and the Conference Session Minutes of May 10, 2021, iMay 24, 2021 and May 26, 2021. Attachments: Draft Meeting Minutes 5-17-2021 Draft Conference Session Minutes 5-24-2021 Draft Conference Session Meeting Minutes 05-26-2021 Draft Conference Session Meeting Minutes 05-10-2021 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) 7. Closed Session Report 8. Consent Agenda A. 21-2298 FY 2022 funding of contracts issued by other jurisdictions. Attachments: FY 21-22 Table of Rideable Contracts_ Regulatory Requirements for Agenda Items Rev 081519 (002) Contracts FY21-22 Page 1 Printed on 6/7/2021 Town Council Meeting Meeting Agenda June 7, 2021 B. 21-2299 FY 2022 funding and renewals of Town contracts Attachments: FY 21-22 Table of Town Contracts Contracts Regulatory Requirements for Agenda Items Rev 081519 (002) C. 21-2308 Request approval of Memorandum of Understanding between Vienna Little League and Town of Vienna for use of Yeonas Park during the Fourth of July 2021 entertainment and fireworks show. Attachments: 1. Regulatory Requirements for Agenda Items- VLL MOU 2021 2. MOU July 4 2021 Yeonas Park D. 21-2300 Request additional FY21 spending with Commonwealth Paving utilizing IFB 17-03 for milling, overlay and traffic marking. Attachments: Contract PO 20210118 - CIP Funds PO 20210431 - Water & Sewer Regulatory Requirements for Agenda Items Rev 081519 (002) E. 21-2282 Set a public hearing to consider adoption of an ordinance to amend and vacate boundary lines of abutting Linncrest Lot 3, to include the adjacent 2,790 square foot parcel, Westwood View Lot B, on property located at 505 Creek Crossing Road NE in the RS-16 zoning district F. 21-2301 Request additional spending with Shirley Construction for the rehabilitate the trunk sewers that cross Route 7 at Difficult Run project. Attachments: Additional Funds Request Regulatory Requirements for Agenda Items Rev 081519 (002) 2021.05.14 - PI Schedule Proposal for Vienna Work_REV_April 20_2021 PO 20210377 - Difficult Run Sewer Repair Route 7 Town of Vienna Agreement 2-3-21 G. 21-2302 Request approval for spending $1,000,000 with E.E. Lyons Construction for water main and appurtenance improvements within the Town's water service area. Attachments: Proposed Water and Sewer Capital Projects May 2021 IFB 16-19 Final IFB 16-19 Summary Report and Award Recommendation (7) Completed Water and Sewer Capital Projects from 2020 Bond (FY 20 - Current) Regulatory Requirements for Agenda Items Rev 081519 (002) Page 2 Printed on 6/7/2021 Town Council Meeting Meeting Agenda June 7, 2021 9. Regular Business A. 21-2309 Request award of IFB 21-05 for Bowman House roof replacement. Attachments: 1. Regulatory Requirements for Agenda Items- Bowman House Roof Replacement 6.7.21 2. IFB 21-05 Summary Report for Council Agenda (1) 3. IFB 21-05 FINAL (1) 4. Authorization Form Signed 5.12.21 5. Plan Review Bowman House Roof 5.12.21 6. 2020.05.21 VPD_BAR Presentation B. 21-2273 Extension and re-adoption of emergency ordinance to waive zoning regulations to permit temporary outdoor activity through December 7, 2021 Attachments: 1. Final - ReAdoption of Emergency Ordinance on Temporary Waiver of Zoning Restrictions Extension 6-7-21 2. Emergency Ordinance Regulatory Requirements EO-79-and-Order-of-Public-Health-Emergency-Ten-Ending-of-Commonsense-Public-Health-Restrictions-Due-to-Novel-Co C. 21-2275 Extension and re-adoption of emergency ordinance to permit temporary waivers of zoning regulations and review for public, semi-public, and private institutions through December 7, 2021 Attachments: 1. Final - Temporary Institution Outdoor Operations Ordinance - 6 07 2021 2. Emergency Ordinance Regulatory Requirements D. 21-2276 Extension and re-adoption of emergency ordinance to permit a temporary waiver of zoning restrictions for child day care in commercial zones, industrial zones, and for public, semi-public, and private institutions in other zones through December 7, 2021 Attachments: 1. Final - Emergency Ordinance - Child Day Care Centers - 6-7-2021 2. Emergency Ordinance Regulatory Requirements EO-79-and-Order-of-Public-Health-Emergency-Ten-Ending-of-Commonsense-Public-Health-Restrictions-Due-to-Novel-Co E. 21-2307 Approve Continued Participation in Development Agreement for Patrick Henry Library Public Parking Attachments: Patrick Henry_Development Agreement Executed by County and TOV 2020-library-bond-explanation PH Phasing Summary-4.16.2021R Regulatory Requirements for Agenda - Library parking design F. 21-2338 Appointment of Town Officials for Fiscal Year 2021-22 Page 3 Printed on 6/7/2021 Town Council Meeting Meeting Agenda June 7, 2021 G. 21-2284 Use of Right of Way and Telecommunication Facilities License Renewal by U.S. Federal Government Attachments: cert_SEA_TOWN OF VIENNA_3476658_45 LicensePassThroughAgreementTOV USACE DRAFT for Town Council 06 03 2021 10. 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 6/7/2021

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