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, August 30, 2021 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South 1. Resolution 21-2480 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 Kyungsuk Cho, Wesley United Methodist Church Mayor Colbert recognized Reverend Kyungsuk Cho, Wesley United Methodist Church 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 Nisha Patel, Council Member Steve Potter, Council Member Ed Somers, Council Member Howard J. Springsteen and Mayor Linda Colbert 5. Acceptance of the Minutes: 21-2481 Approval of the Regular Council Meeting Minutes of July 12, 2021. The regular council meeting minutes of July 12, 2021 were approved 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 Margaret Schottler, 9920 Steeple Run, Vienna. Ms. Schottler and her husband Jeremy own and operate the Italian Gourmet, as well as the Fairfax County Health Department fully certified commercial kitchen in the same shopping center. While the commercial kitchen has been used as a supplemental kitchen for the Deli, the Schottlers have found that it does not need to be used full time. As such, they would like to rent the kitchen to other food related businesses. Unfortunately, the Town of Vienna does not allow this under current or proposed zoning code. Under proposed zoning code changes, this property will fall in Zone AW. However, shared commercial kitchen use will be classified under “uses – production and processing” in only one zone, Zone M. Ms. Schottler proposes expansion to include zones AC, AE, AW, and CS. Shared commercial kitchens have benefits for restaurants, smaller food businesses and local consumers. They are expensive to build out under Fairfax County’s strict requirements. Ultimately, once built out and up to code, the property may not be utilized full time. The ability to rent out the underutilized kitchen space would allow for an additional revenue stream to support the business and permit it to stay Town of Vienna Page 1 Printed on 9/14/2021 Town Council Meeting Meeting Minutes August 30, 2021 in business. The proposed Code update would potentially benefit all restaurants in Vienna who wish to bring in extra revenue and mentor new entrepreneurs. For smaller food businesses, having access to a commercial kitchen would allow for building a business beyond what they are able to by the limits incurred when utilizing their home kitchen. The small business would also have access to the guidance of the restaurant owner, a mentor/mentee relationship. For the local consumer shared commercial kitchen rental would allow for peace of mind when they support a small commercial food business. The consumer would feel safer knowing the food was prepared in a commercial kitchen under close supervision of the Fairfax County Health Department. The goal of the proposal is not to start a new business located in the industrial zone, but to help existing restaurants. These types of kitchens are allowed as a permitted use in Fairfax County Commercial Zones and are supported by the Fairfax County Health Department. Ms. Schottler stated that she has always believed in the spirit of helping those who want to help themselves. During the Zoning Code Update process, the Town has the opportunity to help Vienna restaurants who want to help themselves simply by changing one line of Code. Just as the Town Business Liaison Committee is currently working to update their Charter to better reflect the current business climate, so would this update help the business community. Mayor Colbert recognized Mercury Payton, Town Manager to address the September expiration of the Continuity of Government. If allowed to expire, Council would be required to return to in-house meetings. Town Attorney Briglia noted that Council has the option to direct the Town Clerk to advertise a “notice of intent to readopt and extend the Town’s Continuity of Government ordinance, which would allow extension through December. A motion was made to direct the Town Clerk to advertise a notice of intent to readopt and extend the Town’s Continuity of Government ordinance. Motion, Council Member Anderson; second, Council Member Potter. Motion carried unanimously. 7. Closed Session Report It was moved that the members of the Vienna Town Council be polled to affirm that a Closed Session was not held on August 30, 2021 as previously scheduled. 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, August 30, 2021 at the conclusion of the regular Council meeting 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; and Virginia Code, Section 2.2-3711.A(3) for the discussion or consideration of the disposition of publicly held real property. A motion was made by Council Member Ed Somers, seconded by Council Member Howard J. Springsteen, that this was approved. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Somers, Council Member Springsteen, Mayor Colbert and Council Member Potter 8. Public Hearings Town of Vienna Page 2 Printed on 9/14/2021 Town Council Meeting Meeting Minutes August 30, 2021 21-2434 Public Hearing to Amend FY 2021-22 Budget for Award of American Rescue Plan Act Funds and Supplemental Appropriations Mayor Colbert called for Council roll call. All Council were present. Mayor Colbert recognized Marion Serfass, Director of Finance, who provided background on the item. The amendment addresses two items; request to roll forward purchase orders for work that could not be completed until FY22 and amend the budget to accept the first half of the ARPA funding. As the total request exceeds 1% of the FY 21/22 budget, under Virginia State Code a public hearing is required. No recommendation will be made tonight on any specific course of action for the ARPA funds. Council will deliberate that issue for the first time at the 0/20/21 meeting. The Treasury Department has provided a list of four proposed uses of the funds received as direct payment from the Commonwealth of Virginia under section 601(b) of the Social Security Act as follows: • Category A - Support public health expenditures, by, for example, funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff where there has been a negative economic impact to include: capital improvements to adapt public buildings to mitigate the pandemic and to maintain park space for differed maintenance and extra use during quarantine periods. • Category B – Provide premium pay to essential workers and grants to employers of essential workers; Town of Vienna employee’s so designated include sanitation and public safety workers. The Town has elected to not allocate funds to this category at this time. • Category C – Provide government services to the extent of any revenue reduction resulting from the pandemic; interpreted to mean any services the Town provides (including cyber security). Capped at an amount determined by formula, the Town has estimated $2.6 M for this category. • Category D – Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to broadband internet. The Town can only use ARPA funds for projects that fall under Town Charter and are authorized for ARPA spending by the Treasury Department. Mayor Colbert called for Public Comment. Robert McCahill, 429 Center St. N, representing the Northeast Vienna Citizens Association, 200 Church St., NE. The Association suggested devoting funds to several critical areas: 1. Water and sewer infrastructure; 2. Purchase equipment to collect and remove leaves, eliminating need to use the Beulah Rd site. The purchased capital equipment would be much more efficient than current methods and the Town would enjoy a stream of cost services savings into the future; 3. Mitigate the on-going parking problem in Town. With no additional speakers, Mayor Colbert called for a motion to close the public hearing. Motion: Councilmember Potter Town of Vienna Page 3 Printed on 9/14/2021 Town Council Meeting Meeting Minutes August 30, 2021 Second: Council Member Somers. Motion carried unanimously. A motion was made to approve the $9,106,341 amendment to the FY 2021-22 general fund budget as detailed by staff. Following amendment discussion, the amended motion was set forth as follows: To approve the $9,106,341 amendment to the FY 2021-22 budget as detailed by staff. Motion: Councilmember Potter; Second Councilmember Somers. Motion carried unanimously. A motion was made 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 9. Consent Agenda A motion was made and seconded to approve the consent agenda. The Consent Agenda was approved as presented. Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert 21-2433 Approval to Publish a list of Delinquent Real Estate Tax Payments as of June 30, 2021 (Consent) 21-2435 Malcolm Road Subdivision Surety Bond reduction request 21-2436 Request approval to change contracts to purchase VRP (Vehicle Replacement Program) #4, Police SUV 21-2442 Request approval of a Memorandum of Understanding (MOU) between the Town of Vienna and Vienna Business Association for 2021 Oktoberfest. 10. Regular Business No Regular Business With no regular business, Mayor Colbert recessed into the second closed session at 8:38 PM. 11. Closed Session 21-2477 Second Closed Session Report Mayor Colbert called the meeting into order at 10:40 PM. All Council were present. Council Member Somers stated the motion as follows: Town of Vienna Page 4 Printed on 9/14/2021 Town Council Meeting Meeting Minutes August 30, 2021 It was moved that the members of the Vienna Town Council be polled to affirm that a Closed Session was held on August 30, 2021 virtually, via ZOOM, and in-person, following the regular Council meeting, 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, Virginia Code, Section 2.3711A(3) For discussion and consideration of disposition of publicly held real property. 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 Wednesday, September 15, 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 consideration of appointment and/or reappointment to Town Boards or Commissions. Motion, Council Member Somers; second, Council Member Anderson. Motion carried unanimously. A motion was made by Council Member Somers, 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 Somers, Council Member Springsteen, Mayor Colbert and Council Member Potter 12. Meeting Adjournment Mayor Colbert called for a motion to adjourn. Meeting adjourned at 10:43 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 9/14/2021