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, July 12, 2021 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South 1. Resolution A. 21-2242 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 Brenda Burns, Vienna Assembly of God Mayor Colbert recognized Reverend Brenda Burns, Vienna Assembly of God, who provided the evening’s invocation. 3. Pledge of Allegiance to the Flag of the United States of America 4. Roll Call Present: 7- Council Member Chuck Anderson, Council Member Ray Brill Jr., Council Member Ed Somers, Council Member Howard J. Springsteen, Mayor Linda Colbert, Steve Potter and Nisha Patel 5. Acceptance of the Minutes: A. 21-2400 Acceptance of the Regular Council Meeting Minutes of June 7, 2021 and the Conference Session Minutes of June 14, 2021 The Regular Council Meeting Minutes of June 7, 2021 and the Conference Session Minutes of June 14, 2021 were approved as submitted. A motion was made that the Minutes be accepted. The motion carried by a unanimous vote. 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) Mayor Colbert recognized Raymond Vickery, 2733 Willow Drive. Mr. Vickery, a lifelong resident of Vienna, opened his remarks by stressing the value of trees in the Town. Designated as “Tree City, USA”, Vienna has done much by way of Town policy and Code provisions to make it worthy of that designation. Recent experiences, however, suggest that there is a vital need for examination and possible revision of Town Policies with regard to this issue. Referencing two properties in Vienna, he noted that prior to development both were heavily wooded. With development, however both have essentially been denuded. While Town policy requires that prior to development every tree must be identified, marked and mapped, developers continue to clear cut most, if not all trees. With an eye toward preservation and planning he has generated a memorandum and will submit this to the Mayor and Council for consideration. Town of Vienna Page 1 Printed on 8/31/2021 Town Council Meeting Meeting Minutes July 12, 2021 Mayor Colbert recognized James Brooker, 820 Plum St. a 63-year Town resident. He is aware of the effort to place a sidewalk on Plum street that would necessitate the removal of an old growth Oak tree and would like to offer an alternative that would allow for saving the tree. He will submit his idea to the Town with the hope that it will be taken into serious consideration. 7. Reports/Presentations A. 21-2393 Preliminary Results for FY 2020-21 A. Preliminary Results for FY 2021-202 Mayor Colbert called on Marion Serfass, Director of Finance, to present the preliminary financial results for FY2020-2021. Early unaudited results show a surplus for the year in the general fund of $250,000 to $285,000 and better than expected preliminary results for the debt service fund. As more data is received, changes will continue to be made. B. Introduction of new personnel Mayor Colbert recognized Town Manager Payton who introduced Karen Thayer, newly hired Public Information Officer. 8. Closed Session Report t was moved that the members of the Vienna Town Council be polled to affirm that a Closed Session was held on July 12, 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 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, August 30, 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. A motion was made by Council Member Ed Somers, seconded by Nisha Patel, that this was approved.. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Somers, Mayor Colbert, Council Member Springsteen, Patel and Potter 9. Public Hearings A. 21-2347 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 Mayor Colbert opened the Public Hearing at 8:22 PM. All Council were present. She called on Cindy Petkac, Director of Planning Commission to provide an overview of the topic. The homeowners of Linncrest Lot 3 and Westwood View Lot B wish to vacate the property line dividing their lots and consolidate them into one new lot. This is basically a boundary line adjustment, but given that the two lots are from separate subdivisions, the Westwood View subdivision, approved in 1970, and the Town of Vienna Page 2 Printed on 8/31/2021 Town Council Meeting Meeting Minutes July 12, 2021 Linncrest subdivision, approved in 1961 this particular case requires a vacation of a subdivision boundary. Town Council may approve the vacation of the boundary line after holding a public hearing and adopting an ordinance. In 2017 Town Council adopted an ordinance to vacate the property and subdivision boundaries for 503 Creek Crossing Road NE (Lincrest Lot 2) and the abutting Westwood View Lot A. Staff notes that there are no subdivision features, such as storm water management facilities, on the lots and that the existing subdivisions will not be impacted by the vacation of the subdivision lines. The consolidation of these two lots results in a lot factor of 18 which in within parameters (ordinance requires that it be no greater than 25). Director Petkac reported citizen correspondence received from Ann Dingman, 312 Westview Ct. and David Paolicelli, 314 Westview Ct. Present via ZOOM was Nader Tamadon, current property owner. Mayor Colbert called for citizen comment. Ann Dingman, 312 Westview Ct., a 51 year resident, lives next to the property in question. Following clarification from Director Petkac, she has no objection to the vacation. Council Member Springsteen urged Council to adopt the ordinance. A motion was made to close the Public Hearing. Motion, Council Member Springsteen; second, Council Member Anderson. Motion carried unanimously. Mayor Colbert called for a motion on the Item. A motion was made to adopt an ordinance to amend and vacate boundary lines of abutting Linncrest Lot 3, to include adjust 2,790 square foot parcel, Westwood View Lot B, on property located at 505 Creek Crossing Road NE. Motion, Council Member Patel; second, Council Member Springsteen. Motion carried unanimously. A motion was made by Patel, seconded by Council Member Springsteen, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Somers, Mayor Colbert, Council Member Springsteen, Patel and Potter 10. Consent Agenda Mayor Colbert invited comments or questions from Council. Following a request for additional information, including prior red lined drafts, a motion was made to remove Item 10C 21-2373, Request approval of the most recent draft of the Town of Vienna Guide to Improving Street Safety, from the Consent Agenda. Motion, Council Member Potter; second, Council Member Springsteen. Motion carried unanimously. A motion was made to remove Item 10L 21-2378 Request approval for spending $357,000 with Arthur Construction Co., Inc., and $30,000 with US Concrete and Paving, Inc. for construction of Robinson Trust Sidewalk Projects and place it under Regular Business as Item 11D. Motion, Council Member Springsteen; second, Council Member Anderson. Motion carried unanimously. Town of Vienna Page 3 Printed on 8/31/2021 Town Council Meeting Meeting Minutes July 12, 2021 It was suggested that future Consent Agenda Items that involve contract approval with prior authorized funding be subdivided within the Consent Agenda. A motion was made to approve all Items of the Consent Agenda with the exception of 10C, which has been removed, and Item 10L, which has been moved to Regular Business as Item 11D. A motion was made by Nisha Patel, seconded by Council Member Howard J. Springsteen, that this be approved. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Somers, Mayor Colbert, Council Member Springsteen, Patel and Potter A. 21-2233 Approval of payment to Tyler Technologies for the standard software maintenance agreement (SSMA) for the Vienna Police Department. B. 21-2396 Increase 2021 Spending with Sprint C. 21-2373 Request approval of the most recent draft of the Town of Vienna Guide to Improving Street Safety. Motion was made to remove this item and add it to a future conference session. Item removed D. 21-2328 Request approval to ride Fairfax County Public Schools contract 4400006677 for cell and mobile device services with Sprint. E. 21-2329 Request approval to continue to ride VITA contract VA-190822-DELL for purchase of computers, laptops, and maintenance contracts for servers for FY22 F. 21-2371 Request approval of vehicle purchases within the Vehicle Replacement Program for FY22 G. 21-2395 FY 2022 Funding and Renewal of Town Contract with Ross Tree Expert Company, dba RTEC Treecare H. 21-2394 Request formal approval to increase FY21 spending with Ross Tree Expert Company, dba RTEC Treecare, for tree maintenance and removal I. 21-2369 Renewal of Maintenance Agreement with Tyler Technologies J. 21-2344 Request approval for use of FY22 funds with Granicus, Inc., for agenda management suite, boards and commissions module, and HD video streaming services. K. 21-2368 Renewal of Annual Audit Contract to Robinson Farmer Cox Associates PLLC. M. 21-2372 Set a public hearing for consideration of a rezoning of 117-121 Courthouse Road SW on September 13, 2021, requested change from RS-10 Single Family Detached Town of Vienna Page 4 Printed on 8/31/2021 Town Council Meeting Meeting Minutes July 12, 2021 Residential to RM-2 Multifamily, Low Density N. 21-2377 Set Public Hearing to Amend 2022 Budget for American Rescue Plan (ARPA) Funds and Other Supplemental Appropriations for August 30, 2021 O. 21-2311 Intent to adopt a proposed ordinance to amend the Code of the Town of Vienna, Chapter 9, Motor Vehicles and Traffic, Article 1, In General, Section 9-3, Adoption of State Code. 11. Regular Business A. 21-2376 Request approval of the motions recommended by the Transportation Safety Commission (TSC) and Pedestrian Advisory Committee (PAC) Mayor Colbert called on Mike Gallagher to present the Item for discussion. It was moved for approval of the above motions as proposed by the Transportation Safety Commission. A motion was made by Patel, seconded by Springsteen, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Somers, Mayor Colbert, Council Member Springsteen, Patel and Potter B. 21-2341 Update of Electronic Participation Resolution for Town Council Mayor Colbert recognized Town Attorney Briglia who presented the Item for consideration. It was moved to adopt the proposed updated Town Council Electronic Participation Resolution as drafted by the Town Attorney. A motion was made by Potter, seconded by Patel, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Somers, Mayor Colbert, Council Member Springsteen, Patel and Potter C. 21-2386 Council Acceptance of American Recovery Plan (ARPA) Funds Mayor Colbert called on Finance Director Serfass to review the Item. It was moved to accept the award of American Rescue Plan Act (ARPA) funds distributed by the Commonwealth of Virginia in the amount of $8,551,731. A motion was made by Patel, seconded by Potter, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Somers, Mayor Colbert, Council Member Springsteen, Patel and Potter L. 21-2378 Request approval for spending $388,000 with Arthur Construction Co., Inc., and $30,000 with US Concrete and Paving, Inc. for construction of Robinson Trust Sidewalk Projects. It was moved to approve the spending of $388,000 with Arthur Construction Co., Inc., for construction of sidewalk improvements at the project locations indicated in the Town of Vienna Page 5 Printed on 8/31/2021 Town Council Meeting Meeting Minutes July 12, 2021 Report and $30,000 with US Concrete and Paving, Inc. for construction of sidewalk improvements at the project locations indicated in the Report. A motion was made by Patel, 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 Somers, Mayor Colbert, Council Member Springsteen, Patel and Potter 12. Meeting Adjournment Mayor Colbert called for a motion to adjourn. Meeting adjourned at 9:45PM. A motion was made by Howard J. Springsteen, seconded by Nisha Patel, that this meeting be adjourned.. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Somers, Mayor Colbert, Council Member Springsteen, Patel and Potter 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 8/31/2021