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 28, 2022 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South Invocation: Reverend Brenda Burns, Vienna Assembly of God Mayor Colbert called on Reverend Brenda Burns, Vienna Assembly of God to provide the evening’s invocation. Pledge of Allegiance to the Flag of the United States of America 1. Roll Call Council Member Chuck Anderson; Council Member Nisha Patel; Council Member Steve Potter; Council Member Ed Somers; Council Member Howard Springsteen and Mayor Linda Colbert. Absent, Council Member Ray Brill. Present: 6- Council Member Nisha Patel, Council Member Steve Potter, Council Member Ed Somers, Council Member Howard J. Springsteen, Mayor Linda Colbert and Council Member Chuck Anderson Absent: 1- Council Member Ray Brill Jr. 2. Approval of the Minutes: A. 22-2906 Acceptance of the Regular Council Meeting Minutes of January 24, 2022 and February 7, 2022 and the Conference Session of February 14, 2022 Minutes of the Regular Council Meetings of January 24, 2022 and February 7, 2022 and the Conference Session of February 14, 2022 were accepted. A. 22-2906 Acceptance of the Regular Council Meeting Minutes of January 24, 2022 and February 7, 2022 and the Conference Session of February 14, 2022 Aye: 6- Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen, Mayor Colbert and Council Member Anderson Absent: 1- Council Member Brill 3. 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 Reverend Brenda Burns, Vienna Assembly of God who spoke on relief efforts for Ukraine. She related that churches throughout Ukraine are sheltering citizens, including the Assembly of God Bible College in Kyiv. As she becomes aware of specific ways to provide relief, she will pass those along. Mayor Colbert offered to include this information in her next video. Mayor Colbert recognized two Boy scouts. 4. Reports/Presentations Town of Vienna Page 1 Printed on 3/24/2022 Town Council Meeting Meeting Minutes February 28, 2022 A. Report and Inquiries of Council Members Council Member Anderson provided an update on Liberty Amendments month 2022. A steering committee has been formed. The second year celebrations will be more streamlined than the first and include an expanded fourth of July celebration. Brainstorming sessions are ongoing and he urged anyone interested in joining to contact Leslie Hermann, Director, Parks and Recreation. Council Member Springsteen shared that he discovered a 2005 memo from Public Works addressing efforts to resolve storm water runoff problems, providing proof of the Towns ongoing efforts to rectify this problem. He also noted that with Spring around the corner he would like to see the sidewalk projects moved forward and placed on the agenda. Mayor Colbert requested an update from the Town Manager on all sidewalk projects. Council Member Patel reported that she has been working with Christine Kaplin to find ways to assist residents with storm water system inspections. She reminded Council that all systems must be inspected every five years by a licensed company. Through discussions with Town Attorney Briglia regarding legalities, she hopes to provide a list of companies as well as determine the potential for offering a financial break to residents with these systems. Council Member Potter noted that the 444 Maple Avenue project has begun demolition and he has received resident inquiries. He urged initiation of direct communication with the impacted residents in order to provide information prior to commencement of the various stages of the project. Alternative parking options, as discussed at earlier Council meetings, should be addressed. A proactive approach is urged. Council Member Somers pointed out the impracticality of directing residents to dispose of lithium batteries at the Route 66 Station. He has worked with the Town Manager and the Director of Public Works to address the problem and understands that there may be a solution for local collection. He also thanked the Town Manager for his follow through regarding temporary signs. B. Report of the Town Manager None C. Report of the Mayor Mayor Colbert noted that Saturday, March 5, 2022 Senator Chap Peterson will provide an update on the actions of the General Assembly. The presentation will be held at the Vienna Community Center. Delegate Mark Keam will attend the Town Council Meeting of March 7, 2022. Mayor Colbert also urged all Council to involve themselves in the Mayor’s fitness challenge. Sign up is currently ongoing and the Challenge begins March 19, 2022. The spring Volunteer Reception is to be held on April 19, 2022; nominations must be submitted by April 1, 2022. D. Proposals for Additional Items to the Agenda E. Closed Session It was moved that the members of the Vienna Town Council be polled to affirm that a Closed Session was held on February 28, 2022 in accordance with Virginia Code, Section 2.2-3711.A.(1) for discussion or consideration of personnel matters, specifically the interviewing of individuals for consideration of appointment and/or Town of Vienna Page 2 Printed on 3/24/2022 Town Council Meeting Meeting Minutes February 28, 2022 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 March 7, 2022 at 7:00 PM in accordance with Virginia Code, Section 2.2-3711.A.(1), for the annual evaluation of the Town Clerk. Motion, Council Member Somers; second, Council Member Patel. Motion carried unanimously. It was moved that Sylvia Taylor be reappointed to Historic Vienna, Inc. for a two-year term. Said term to commence 3/20/2022 and terminate 3/20/2024. Motion, Council Member Somers; second, Council Member Patel. Motion carried unanimously. E. Closed Session Aye: 6- Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen, Mayor Colbert and Council Member Anderson Absent: 1- Council Member Brill 5. Public Hearings A. 22-2905 Public Hearing on Temporary Medical Testing Zoning Text Amendment Mayor Colbert called the Public Hearing to order at 8:23 PM. All members of Council were present. Mayor Colbert called on Mike D’Orazio, Acting Director Planning and Zoning and Kelley O’Brien, Acting Deputy Director, Planning and Zoning to present the Item for discussion. At its Jan. 24, 2022 meeting, the Vienna Town Council referred a draft zoning text amendment related to temporary medical testing facilities to the Planning Commission. The amendment to Article 5, Section 18-13, as drafted by Councilmember Anderson, adds a subsection "L" to Section 18-13 and would allow the Town Manager to approve temporary medical testing facilities to operate during times of public health emergencies. As originally proposed, these temporary facilities would be able to operate at properties for which conditional use permits have been approved for the operation of churches or other places of worship, colleges and schools (private, elementary and high) of a noncommercial nature, and institutional homes and institutions of an educational or philanthropic nature. These conditional uses are currently allowed in the RS-16, RS-12.5, and RS-10 single-family detached residential zoning districts. Staff notes that the zoning ordinance currently does not address such uses. The Planning Commission held a public hearing on Feb. 9, 2022. After which they voted 6-0 to recommend the text amendment as presented, with the following amendment; “public buildings and uses” to be included as a type of use eligible for temporary medical facilities. Council Member Anderson explained that the genesis of this amendment was the COVID 19 outbreak and the state of emergency declared by the Governor. The proposed amendment would allow the Town Manager discretion in future situations to grant a waiver in an emergency and to set rules of operation. He recommended that this amendment be adopted to address future need, where the Town would not Town of Vienna Page 3 Printed on 3/24/2022 Town Council Meeting Meeting Minutes February 28, 2022 be reliant on action from the Governor but could act quickly for the benefit of the residents. Mayor Colbert opened the floor for public comment. There were no speakers present. A motion was made to close the public hearing. Motion, Council Member Patel; second, Council Member Springsteen. Motion carried unanimously. Mayor Colbert called for comment from Council. The following is a summary of those comments. • As the Town has no health department, investigation into any facility would begin with the Virginia Department of Health Professions which handles all licensing and certification of health care facilities; • Vetting process must be exemplary in order to avoid Town liability; Amendment language includes “licensed temporary medical testing facilities” so no need to add licensing requirement language; Town Manager would not authorize any facility without proper oversite; • Medical testing requires certification; federally regulated. A motion was made to direct the Town Clerk to advertise a Notice of Intent to Adopt the proposed amendment to the zoning ordinance at the Town Council meeting of March 21, 2022. 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: Aye: 6- Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen, Mayor Colbert and Council Member Anderson Absent: 1- Council Member Brill 6. Consent Agenda 7. Regular Business A. 22-2895 Consideration of Zoning Ordinance Text Amendment for 18-168, Related to Porch Projections into the Front Yard Mayor Colbert called on Mike D’Orazio, Acting Director, Planning and Zoning, to present the Item for discussion. A motion was made to approve the proposed text amendment to Sections 18-168 related to porch projections into the front yard, as presented after finding the amendments further good zoning practices. It was further moved to direct the Town Clerk to advertise a Notice of Intent to Adopt the ordinance changes and continue this matter to the Town Council’s meeting of March 21, 2022 advertisement and consideration of final adoption. Motion, Council Member Somers; second, Council Member Patel. Town of Vienna Page 4 Printed on 3/24/2022 Town Council Meeting Meeting Minutes February 28, 2022 Council Member Patel proposed an amendment to include language that facilitates construction of a kneewall based upon current standards. Motion, Council Member Patel; second, Council Member Somers. Motion carried unanimously. Council Member Anderson proposed an amendment to revise the second sentence of the proposed section 18-168 to read “for any principle structure of one and a half stories or less, any one story enclosed porch attached to the principle structure shall be permitted to encroach eight feet into any front yard”. Motion, Council Member Anderson; second, Council Member Springsteen. Motion failed in a two – four vote. Council Member Anderson proposed an alternate amendment to proposed section 18-168 by striking eight feet and substituting seven feet. Motion, Council Member Anderson; second, Council Member Springsteen. Motion failed in a three - three vote. Original motion passed in a four - two vote. A motion was made by Council Member Somers, seconded by Council Member Patel, that the Action Item be approved. The motion carried by the following vote: Aye: 4- Council Member Patel, Council Member Potter, Council Member Somers and Mayor Colbert Nay: 2- Council Member Springsteen and Council Member Anderson Absent: 1- Council Member Brill B. 22-2875 Body-worn camera program. Mayor Colbert called on Jim Morris, Chief of Police, to present the Item for consideration. It was moved to approve the Police Department entering into a 5-year contract with Axon Enterprises for a body-worn camera program at a cost not to exceed $223,732 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: 6- Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen, Mayor Colbert and Council Member Anderson Absent: 1- Council Member Brill C. 22-2913 Approve Spending with Davenport & Company as Financial Advisor for 2022 Bond Issue Mayor Colbert called on Marion Serfass, Director, Finance, to present the Item for consideration. Town of Vienna Page 5 Printed on 3/24/2022 Town Council Meeting Meeting Minutes February 28, 2022 It was moved to approve an appropriation not to exceed $83,200 to compensate Davenport & Company as the Town’s financial advisors for the 2022 bond sale from the project and account number listed above. Motion, Council Member Springsteen; second, Council Member Patel. Motion carried unanimously. A motion was made by Council Member Springsteen, seconded by Council Member Patel, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen, Mayor Colbert and Council Member Anderson Absent: 1- Council Member Brill D. 22-2914 Approve Spending with McGuire Woods, LLC As Bond Counsel For 2022 Bond Issue Mayor Colbert recognized Marion Serfass, Director of Finance, to summarize the Item. It was moved to approve an appropriation not to exceed $75,000 to retain McGuire Woods LLC as bond counsel for the 2022 bond sale from the project and account number listed above. Motion, Council Member Patel; second Council Member Somers. Motion carried unanimously. A motion was made by Council Member Patel, seconded by Council Member Somers, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen, Mayor Colbert and Council Member Anderson Absent: 1- Council Member Brill 8. Meeting Adjournment Major Colbert called for a motion to adjourn. Motion, Council Member Springsteen; second, Council Member Patel. Meeting adjourned at 10:15 PM. A motion was made by Council Member Howard J. Springsteen, seconded by Council Member Nisha Patel, that this was approved.. The motion carried by the following vote: Aye: 6- Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen, Mayor Colbert and Council Member Anderson Absent: 1- Council Member Brill 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 3/24/2022 Town Council Meeting Meeting Minutes February 28, 2022 Town of Vienna Page 7 Printed on 3/24/2022