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, October 11, 2021 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South 1. Resolution A. 21-2630 Resolution for Continuity of Government Mayor Linda Colbert called the meeting to order and read into the record the Continuity of Government. The Resolution was approved through voice vote. 2. Invocation:Reverend Austin Almaguer, Vienna Baptist Church Mayor Colbert recognized Reverend Austin Almaguer, Vienna Baptist Church, to provide the invocation via ZOOM. 3. Pledge of Allegiance to the Flag of the United States of America 4. Roll Call Councilmember Patel participated via Zoom. 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: A. 21-2629 Acceptance of the Regular Council Meeting Minutes of September 13, 2021, September 27, 2021, and the Two Conference Session Minutes of September 27, 2021 The Regular Council Meeting Minutes of September 13, 2021, September 27, 2021, and the two Conference Session Minutes of September 27, 2021 were approved as submitted. A. 21-2629 Acceptance of the Regular Council Meeting Minutes of September 13, 2021, September 27, 2021, and the Two Conference Session Minutes of September 27, 2021 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 communications from the public. The issues of illegal signage and road closures were brought forth for discussion. Town Manager Mercury Payton explained the challenges associated with heavily traveled streets, such as Park where residents front the same street. Working with Mile Gallagher, Director, Public Works, a plan will be developed to mitigate these Town of Vienna Page 1 Printed on 10/26/2021 Town Council Meeting Meeting Minutes October 11, 2021 issues. Regarding illegal signage, Town Manager Payton will inform new businesses regarding Town signage policy during the initial welcome visit. 7. Closed Session Report It was moved that the members of the Vienna Town Council be polled to affirm that a Closed Session was held on October 11, 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 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. And it was further moved that the Closed Session be continued to this day Monday, October 11, 2021 at the conclusion of the Regular Council meeting in accordance with Virginia Code, Section 2.2-3711.A.(8), and the Town of Vienna’s Continuity of Government ordinance, for consultation with legal counsel pertaining to a public body regarding specific legal matters requiring the provision of legal advice by such Council. Motion, Council Member Somers; second, Council Member Springsteen. Motion carried unanimously. It was moved to recommend Robert Patterson to the Fairfax County Circuit Court for reappointment to the Board of Zoning Appeals. It was further moved to appoint Jessica Ramakis to the Planning Commission for a two-year term. Said term to begin October 12, 2021 and expire on October 12, 2023. It was further moved to appoint Nichol Kaplin to the Conservation and Sustainability Commission as a student member for a two-year term. Said term to begin October 12, 2021 and expire June 30, 2023. Motion, Council Member Somers; second, Council Member Springsteen. Motion carried unanimously. 7. Closed Session Report Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert 8. Consent Agenda Mayor Colbert presented the following items in a consent agenda: A. 21-2576 Request approval of MOU between the Town of Vienna and Vienna Business Association for 2021 Halloween Parade; B. 21-2577 Request formal approval for the emergency elevator repair at Town Hall; C. 21-2614 Request to set a Public Hearing for Dec. 6, 2021 regarding amendments to chapter 18 - zoning related to lot coverage and porch projections into the front yard and refer the matter to the Planning Commission for consideration; D. 21-2615 Request to set a public hearing for Nov. 15, 2021 for consideration of a zoning ordinance text amendment for Section 18-72 and Section 18-210, related to the allowance of outdoor dining, advertise for intent to adopt, and refer the matter to the Planning Commission; E. 21-2611 Resolution on Planning Commission Membership-Number of Members Town of Vienna Page 2 Printed on 10/26/2021 Town Council Meeting Meeting Minutes October 11, 2021 Following discussion, a motion was made to approve the consent agenda as presented. Motion, Council Member Patel; second, Council Member Springsteen. Motion carried unanimously. 8. Consent Agenda Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert A. 21-2576 Request approval of MOU between the Town of Vienna and Vienna Business Association for 2021 Halloween Parade B. 21-2577 Request formal approval for the emergency elevator repair at Town Hall. C. 21-2614 Request to set a Public Hearing for Dec. 6, 2021 regarding amendments to chapter 18 - zoning related to lot coverage and porch projections into the front yard and refer the matter to the Planning Commission for consideration D. 21-2615 Request to set a public hearing for Nov. 15, 2021 for consideration of a zoning ordinance text amendment for Section 18-72 and Section 18-210, related to the allowance of outdoor dining, advertise for intent to adopt, and refer the matter to the Planning Commission E. 21-2611 Resolution on Planning Commission Membership-Number of Members 9. Regular Business A. 21-2585 Consideration to Initiate Final Design of Robinson Sidewalk Projects It was moved to authorize the final design of sidewalk projects on the following streets utilizing IFB-19-01; • Even side of Alma Street SE from Delano Drive SE to Follin Lane SE • Even side of Blackstone Terrace NW from Lawyers Road NW to Holmes Drive NW • Odd side of Charles Street SE from Locust Street SE to Branch Road SE • Odd side of Symphony Circle SW from Cul-de-sac to Melody Lane SW. Following discussion, an amendment was offered by Council Member Patel and seconded by Council Member Anderson; It was moved to remove Symphony Circle from the list of streets offered for final design until such time as additional information can be gathered specific to connecting streets and safety recommendations. Motion failed in a 6-1 vote; Council Member Patel cast the vote in favor. A second amendment was offered by Council Member Somers and seconded by Council Member Springsteen; It was moved to extend the engineering study to include information on the Town of Vienna Page 3 Printed on 10/26/2021 Town Council Meeting Meeting Minutes October 11, 2021 connecting streets at Symphony Circle. Motion carried in a 6-1 vote; Council Member Patel cast the dissenting vote. The original motion carried in a 6-1 vote; Council Member Patel cast the dissenting vote. B. 21-2592 Request approval of the Urban Tree Canopy Assessment funding agreement with the Virginia Department of Forestry It was moved to approve the agreement as presented with the Virginia Department of Forestry for the urban tree canopy assessment, and it was further moved to authorize the mayor to execute the agreement pending final legal review by the Town attorney. Council recessed into Closed Session at 9:38 PM. 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 21-2655 Second Closed Session Mayor Colbert called the meeting back into order at 10:47 PM. All Council were present. Council Member Somers stated the motion as follows: It was moved that the members of the Vienna Town Council be polled to affirm that a Closed Session was held on October 11, 2021 virtually, via ZOOM, and in-person, following the regular Council meeting, in accordance with Virginia Code, Section 2.2-3711.A.(8), and the Town of Vienna’s Continuity of Government ordinance, for consultation with legal counsel pertaining to a public body regarding specific legal matters requiring the provision of legal advice by such council. 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, October 25, 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 Springsteen. Motion carried unanimously. Mayor Colbert recognized and thanked Dave Donahue, Deputy Director, Public Works, who will be leaving his position. A motion was made by Council Member Somers, seconded by Council Member Springsteen, that the Resolution 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 Town of Vienna Page 4 Printed on 10/26/2021 Town Council Meeting Meeting Minutes October 11, 2021 10. Meeting Adjournment Mayor Colbert called for adjournment at 10:50 PM. 10. Meeting Adjournment Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert 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 10/26/2021