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 24, 2022 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South Invocation: Reverend Dan Clifford, Grace Presbyterian Church, Vienna Mayor Colbert called on Reverend Dan Clifford, Grace Presbyterian Church to provide the evening’s invocation. Pledge of Allegiance to the Flag of the United States of America 1. Roll Call Present: 8- Council Member Chuck Anderson, Council Member Ray Brill Jr., Council Member Steve Potter, Council Member Ed Somers, Council Member Howard J. Springsteen, Council Member Howard J. Springsteen, Council Member Linda Colbert and Mayor Linda Colbert Absent: 1- Council Member Nisha Patel 2. Acceptance of the Minutes: A. 22-3454 Acceptance of the Regular Council Meeting Minutes and the Conference Session Minutes Of October 10, 2022 A motion was made that the Minutes be approved. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Potter, Council Member Somers, Council Member Springsteen, Council Member Colbert and Mayor Colbert Absent: 1- Council Member Patel 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 called for comments from the public of which there were none. 4. Reports/Presentations A. 22-3456 Resolution for World Polio Awareness Day Mayor Colbert read aloud the Resolution for World Polio Awareness Day presented to Kurt Sayce, President, Vienna Rotary Club. B. 22-3455 Presentation From VDOT To Provide an Update on the Opening of the Remaining 13-Mile Section of the I66 Express Lanes. Mayor Colbert introduced VDOT Staff to present the most recent update on the Opening of the Remaining 13-Mile Section of the I66 Express Lanes. Town of Vienna Page 1 Printed on 11/18/2022 Town Council Meeting Meeting Minutes October 24, 2022 A. Report and Inquiries of Council Members Mayor Colbert called on Council for reports. Council Member Brill wished to commend the Department of Public Works for the paving work completed at Cedar Lane and Park St. He also reminded Council of the upcoming Halloween Parade. Council Member Potter provided an update on the construction site debris concerns expressed at the last Council meeting. All materials and debris have been removed from the site. He expressed appreciation to David Levy, Director, Planning and Zoning and Staff for coordinating this effort. B. Report of the Town Manager Town Manager Mercury Payton introduced Marion Serfass, Director, Finance to provide an update on the new budget process. She advised Council that inflation will have an impact on departmental requests. A Conference Session will be held in December followed by time to assess prioritized items submitted by Department heads and initiatives submitted by Council. Town Manager Payton reported on the previously attended VML session a propos “Bringing in Outside Experts”. He noted that there are ten considerations guiding such decisions and that a cost benefit analysis will be applied prior to presenting any request to Council. C. Report of the Mayor Mayor Colbert reminded Council that the annual Vienna Halloween Parade will take place on Wednesday, October 26, 2022 at 7:00 PM; Condolences were expressed to the family of Luis Blandon who passed away on October 12, 2022. Mr. Blandon was a longtime employee of the Town of Vienna; Mayor Colbert also conveyed condolences to Council Member Anderson on the passing of his mother. D. Proposals for Additional Items to the Agenda E. 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 24, 2022 in accordance with Virginia Code, 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 Monday November 14, 2022 at 7:00 PM in accordance with Virginia Code, Section 2.2-3711.A.(1), for discussion or consideration of personnel matters, specifically the interviewing of Town of Vienna Page 2 Printed on 11/18/2022 Town Council Meeting Meeting Minutes October 24, 2022 individuals for consideration of appointment and/or reappointment to Town Boards and Commissions. Motion, Council Member Somers; second, Council Member Springsteen. Motion carried unanimously. It was moved to reappoint Midge Biles to the Vienna Public Arts Commission for a two-year term. Said term shall retroactively commence September 30, 2022 and expire September 30, 2024. It was moved to reappoint Julie Kyllo to the Windover Heights Board of Review for a two-year term. Said term shall retroactively commence September 1, 2022 and expire September 1, 2024. It Was moved that Joseph Lowther be recommended to the Fairfax County Circuit Court for appointment to the Board of Zoning Appeals. Motion, Council Member Somers; second, Council Member Springsteen. Motion carried unanimously. Present: 8- Council Member Chuck Anderson, Council Member Ray Brill Jr., Council Member Steve Potter, Council Member Ed Somers, Council Member Howard J. Springsteen, Council Member Howard J. Springsteen, Council Member Linda Colbert and Mayor Linda Colbert Absent: 1- Council Member Nisha Patel 5. Public Hearings Mayor Colbert called the Public Hearing to order at 8:45 PM. All Council were present. Council Member Somers recused himself from the Public Hearing proceedings and vote as he currently serves as HOA president of condominiums built by the applicant. A. 22-3419 Public hearing on, and Town Council consideration of, a requested change to the zoning map for twelve parcels, located at 127-133 Park Street, NE (Parcel #s 0382-52-0001, 0002, 0003, 0004,005,006, 0007, 0008, 0009, 0010, 0011, and 0012) in the T Transitional zoning district. Requested zoning is RM-2 Multifamily, Low Density. Mayor Colbert called on Kelly O’Brien, Deputy Director, Planning and Zoning to present the Item for consideration. The subject site, 127 to 133 Park St., NE, includes four separate three-story office buildings on a 72,173-square-foot site. The existing buildings were built in 1973 with approximately 24,000 square feet of gross floor area of office space. According to the original site plan, the site also contains 80 surface parking spaces. The site, currently zoned Transitional, is surrounded by commercial properties facing Maple Avenue, E and single-family residential properties along Church Street, NE. The Vienna Presbyterian Church is located across Park Street, NE from the subject parcel to the south. The applicant is requesting a zoning map change for the twelve parcels, from T Town of Vienna Page 3 Printed on 11/18/2022 Town Council Meeting Meeting Minutes October 24, 2022 Transitional to RM-2 Multifamily, Low Density. If the change in zoning is approved, the developer has indicated plans to construct 14 two-family dwellings (for a total of 28 single-floor units), private alleys, parking, and walkways. The proposed maximum height of each building is 28 feet, which is below the maximum height allowed in RM-2 of 35 feet. The proposal accommodates a total of 75 parking spaces, which includes garage parking, tandem parking under one of the buildings, and surface spaces. Eleven of the 14 buildings will have two-car garages. The remaining three buildings will utilize the tandem parking under one of the buildings. Mayor Colbert called for comments from Council. Council Member Potter remarked that the current wording in RM-2 provides building design and site plan features that are desired by the Town. Yet this request is for lot coverage three times more than allowed. Further, the request includes a reduction of one third of current setback requirement in the front and two thirds of the current setback requirement in the back, in addition to a 36% reduction in the square footage for lot requirements. When exceptions surpass the rule, then the rule no longer exists. Asking to rezone to RM-2 means moving to an entirely new zoning consideration. This is a primary area for walking. The design is creative, attractive and fills an identified gap, but it is unnecessarily surrounded by mystery. Separating the zoning request from the request for modifications prevents Council from having all necessary information for making an informed decision. Deputy Director O’Brien responded that every site throughout Town zoned multi-family has required modifications. The requested lot coverage modification is more in line with a single family unit so it is not completely out of line. The zoning and modifications requests are separate because any rezoning request requires a public hearing, whereas modifications are considered in a regular meeting. The decision to consider these items separately was made by Staff, not the applicant. Council Member Potter requested an explanation of the phrase “If this application for rezoning to RM-2 is approved as submitted, no imitations on the redevelopment of the parcels would be mandated or be a condition of redevelopment.” Steve Briglia, Town Attorney explained that the statement was in place prior to the recently received proffer letter. As of this afternoon, there are conditions in place. Under town code this would be called a conditional zoning proffer (18-249.1) and means that Council can accept the proffers on a rezoning if they relate to certain conditions on or off-site (these are all on-site). The proffer statement incorporates their conceptual design, which is a defined term under proffers (attachment 4). The attachment 4 rezoning plan is defined as follows; “the concept plan is the rezoning of 127-33 prepared by LDC dated June 23, 2022”. This then becomes part of the rezoning process. It’s a legislative act; the Planning Commission has acted on it and it cannot be changed. Proffers can be amended but must be returned to the Planning Commission for review. A proffer of a site plan condition becomes part of the zoning. It has the force of law and is embedded in the zoning. Site plan modification does not require this same administrative process. The project next to Town Hall wasn’t a rezoning, it was a site plan modification. The JDL process was different because it had been down zoned from commercial to RM-2 and up zoned from residential to RM-2 and then proffered concept plan. Town of Vienna Page 4 Printed on 11/18/2022 Town Council Meeting Meeting Minutes October 24, 2022 Council Member Brill commented that, as the proffer letter was received late in the day Friday, he has not had time to review the material. This item has been on the agenda for some time and [materials should have been available]. Late receipt of materials puts Council at a disadvantage despite the merit of the project. Council Member Springsteen noted general support for the project, but indicated that he too is resentful that the material was received so late. He stressed that as a supporter of open government these materials should have been received last Wednesday. Council Member Anderson, referencing the proffer, requested clarification on what materials are actually included. Deputy Director O’Brien reminded all that proffers can be amended and resigned. If Council wished to include renderings in the paragraph “The concept plan refers to the rezoning” which is labeled and dated. Language could also include “illustratives as included in chapter X” in the application. Attorney Briglia remarked that elevations are included in the concept plan attachment 4. Concept plans are allowed to deviate unless those deviations are substantive (material changes). Council Member Anderson stressed that he sees a great difference between what is referenced and what is typically presented. Some flexibility is acceptable but he would feel much more comfortable if the renderings were included in the proffer. The applicant’s language “will be in substantial conformance” would support the inclusion of renderings which provide greater texture and context. Deputy Director O’Brien noted that the Planning Commission recommended approval of 68% rather than 70% lot coverage in a 4-3 vote. If this application were approved at the requested 70% lot coverage, it would be the highest in Town. Council Member Anderson reminded Council that they are faced with making site plan modifications every time there is an application for a multi-family build. The current code was written at a time when the Town didn’t want this type of development, so requirements were nearly identical to single family residential. Code Create will hopefully update this issue. The fact remains that the Town cannot require multi-family setbacks to mimic residential or builders will revert to single family. Mayor Colbert noted that although lot coverage of 70% would be the highest in Town the actual building coverage would not. Deputy Director O’Brien concurred further explaining that the application includes guest parking which accounts for some of the additional lot coverage. Following a brief video of the project Mayor Colbert called on the applicants for comment. Patty Hanley, 333 West St., NW and Steve Bukont, President, BFR Construction Company apologized for the lateness of the proffer materials. They noted that this project has numerous unique features. Included will be solar rooftops, geothermal heating and cooling and next generation energy envelopes, with the hope of getting as close to 0 carbon as possible. The design is an effort to bring the historic architecture of Church Street around the corner into the project; brick sidewalks, stone walls topped with iron railing, antique lighting as on Church Street. A garden alley through the site is proposed at 25 feet wide rather than the standard 15 feet wide. The buildings are proposed at varying sizes, i.e. 1200 sq. ft.-2700 sq. ft., two Town of Vienna Page 5 Printed on 11/18/2022 Town Council Meeting Meeting Minutes October 24, 2022 stories above grade rather than three at a height of 25 ft. rather than the allowed 35 ft. Nineteen guest parking spaces are also included. The total number of units has been reduced from 30 to 28 as requested. Council Member Anderson clarified that parking will consist of 75 total spaces, of which nineteen are guest and two of the nineteen are handicapped (one of the two will be van accessible). Council Member Springsteen expressed concern regarding comments from the Fire Marshall who wrote that while compliance was achieved, the proposed layout is far from ideal and deletion of any structures would be welcome. It was also stated that each individual structure would need to be equipped with sprinklers. Mr. Bukont responded that he is very willing to include sprinklers. He further noted that fire hydrants have been included where requested. Ms. Manley explained that this type of project has not been built in Fairfax County since the 1960’s when duplexes were popular. The Fire Marshall wanted his comments attached to provide assurance that the builders were cautious with the project. She assured that they will work closely with the Fire Marshall where ever necessary. Council Member Potter reminded Council that the Planning Commission expressed concern about lot coverage and suggested consideration for eliminating one of the structures. This would allow for more permeability and green space. Mr. Bukont replied that the proposal as presented addresses concerns for a variety of sizes for the structures. Should one be eliminated, it will not be possible to maintain this variety. Responding to Council Member Brill, Mr. Bukont indicated that units 1,2 and 10 are the same size at 2100 sq. ft.-2200 sq. ft.; units 3 through 9 and also unit 11 are the same at 2600 sq. ft.; unit 12 is 1200 sq. ft. and units 13 and 14 are 1500 sq. ft. on top and 1400 sq. ft. on the bottom. With no further Council comments, Mayor Colbert opened the floor for public comment. Andrea Hase 1680 Leesburg Pike, Falls Church, remarked that she works in one of the buildings under consideration for demolition. She noted for the record the beauty of the building, in particular the brickwork, and reminded Council that it has stood for nearly fifty years. It is unfortunate that the Town will lose this beautiful structure. Mike Mittel, 1007 Westwood Dr., NE expressed concern with the project for several reasons. He questioned why other homeowners were required to abide by the Code, yet this proposal ignores those rules. The density of the proposed project is high and despite the fact that these are to be Condominiums, they are not affordable (valuation of $644,000 per unit) especially when compared to 3 bed/2 bath condominiums on Locust at $350,000. He also noted a problem with the fiscal impact assumptions and suggested that they should be reviewed. The bottom line, in his estimation, is that high density residential development doesn’t provide the ROI. Mr. Mittel recognized that the developer/landowner wants to maximize profit but indicated that he is bothered that the project will displace one of the area’s most impactful food and clothing closets (Community for Helping Others – CHO). He would rather see creative low impact commercial use for the Transitional zone and broaden Town’s revenue sources. There has been a reason the residents didn’t want high density – ever since adding this type of housing, taxes have increased. Todd Hall, 01904 Paradise Lane, Herndon. Mr. Hall wished to speak as the Town of Vienna Page 6 Printed on 11/18/2022 Town Council Meeting Meeting Minutes October 24, 2022 President of CHO, and bring attention to the fact that the complex currently houses four nonprofits, all of which will be relocated. There doesn’t exist a great deal of affordable space for small companies such as CHO. Scott Hanson, partner in EZRA Partnership, owner of eight units under consideration. These buildings have come to their economic end of life. After reviewing the proposed project, he saw a vision of walkability, of community, trail access, access to downtown, in addition to the proposed minimal carbon footprint, in short, an award winning proposal that offers those things that every town wants. This is a beautiful area for development, such as proposed. Mr. Hanson wished to encourage Council to look at the proposal, not just for the hard numbers, but for the value it will bring to the Town. Steven Cook, 135 Park St., NE stated that he originally had concerns regarding the buffer between his property and the proposed project. Mr. Bukont has been very open and responsive to his concerns. Whatever happens with the project he is hopeful that their conversations will come to fruition. Council Member Anderson requested clarification regarding parking for Units 12-14. All will be tandem underneath a stilted Unit 12. Council Member Anderson further expressed his desire to keep the Public Hearing open, having learned from his time on the Planning Commission that when making zoning decisions, there is value in allowing time to fully consider any potential decision. Council Member Potter reminded Council that there was discussion on lot coverage and the possibility of following any decision/recommendation of the Planning Commission. His focus on lot coverage stems from the desire to avoid another MAC in sheep’s clothing. While similar decisions were made for other projects, this proposal is a request for lot coverage significantly higher than any prior requests. Living next to a construction site and observing the lack of space and [its resulting impacts] he questions if this proposal has been given appropriate consideration with regard to interruptions on Parks St. and/or First Presbyterian Church. If there is another option to capture more green space, it would be good to hear it. Mayor Colbert pointed out that one option to acquire more green space would be through elimination of guest parking (although this area suffers from a dearth of parking). Mr. Bukont responded that another possibility would be to narrow the proposed turn around. The Planning Commission was adamant that they liked the guest parking especially given that parking is so stressed on Church St. They also like the geothermal component as it eliminates the need for air conditioning units thereby eliminating the accompanying noise. It is hoped that these features will offset the lot coverage issue. Council Member Anderson reminded Council that Vienna Market is parked at 2.1 spaces per unit. The current proposal is about 2.67 spaces per unit. This evening he counted 12 Vienna Market cars already parked on the street; clearly confirming that 2.1 spaces per unit is not adequate for this type of development. Green space is important, but there is a tradeoff. Council Member Springsteen shared that a pervious builder tried to develop this site but was unsuccessful. This was followed by an attempt to build a parking garage on the site, also unsuccessful. The current proposal is much more appropriate however, as per Council Member Anderson, parking is critical. If there are concerns about lot coverage, then there should be greater effort to stop building large homes. Perhaps [there is room for compromise] by reducing the unit square footage by a percent or Town of Vienna Page 7 Printed on 11/18/2022 Town Council Meeting Meeting Minutes October 24, 2022 two. Mr. Bukont indicated that this option has been considered but found that the driving factor for unit size is the below unit parking. Interestingly, people say they want smaller homes until it is time to buy or build their own. The potential buyers of these units will be selling their larger homes and hoping to fit all their belongings into a smaller space. Council Member Springsteen inquired about planned condo fees and metered water. It is projected that condo fees (which are also governed by State of VA) will be set at $300. This will include coverage for building repairs such as roofs. Each unit will have a private water meter with payment to the condo association. Ms. Hanley requested the opportunity to review the proffers for Council. 1. DEVELOPMENT AND USE OF THE PROPERTY. 1.1 Development on the Property will be limited to the construction of 14 dwellings (total of 28 units), private alleys, shared walkways and parking. Ms. Hanley stressed that a by-right build has a maximum of 35 units. 1.2 The development of the Property will be in substantial conformance with the Concept Plan, which is incorporated herein by reference. Ms. Hanley noted that they are committed to the proposed design. They’re vision is to extend Church Street corridor through this project because it’s of value to the citizens of Vienna. 1.3 Development of the Property will not include rooftop decks or terraces. This is allowed by-right, however the proposal precludes any development from ever pursuing this option. 1.4 Drive aisle for the development of the Property shall access these buildings/units on the south eastern side of the project. It makes sense to situate the drive aisle next to commercial. This is proffered because it should never be relocated. 1.5 The Applicant, at its own expense, will install a 5' brick banded public sidewalk in the existing right of way. The sidewalk detail is subject to approval of the Town of Vienna's Department of Public Works. 1.6 The Applicant, at its own expense, will install street lights to match the fixtures prescribed for Church Street Corridor. The number, location and fixture selection is subject to approval of the Town of Vienna's Department of Public Works. 1.7 The Applicant, at its own expense, will underground power lines along the abutting Park Street NE right-of-way. Notwithstanding the foregoing, upon the submission of final site plans, minor modifications and adjustments may be made including, but not limited to, road alignments, entrances, parking, dimensions of the SWM/BMP facilities at the exact configuration and location of building footprints provided it meets the approved setbacks, and other similar features shown on the Concept Plan necessary to accommodate best engineering practices. Ms. Manley reiterated that it is their intention to build as presented in the renderings and they are happy to include this as part of the proffer, with all accommodation to recommendations by the Board of Architectural Review. Council Member Anderson stressed that he would like the renderings included as a guideline, with additional language allowing for leeway in design as directed by the Board of Architectural Review. Responding to Mayor Colbert regarding the distance included in undergrounding of the power lines Mr. Bukont indicated that it will encompass the frontage of the project plus a little additional. Town of Vienna Page 8 Printed on 11/18/2022 Town Council Meeting Meeting Minutes October 24, 2022 Mayor Colbert thanked the applicants and called for a motion. It was moved to continue the public hearing to the Council meeting of November 14, 2022 to allow presentation of lot coverage changes as discussed in this meeting. Motion, Council Meeting Potter; second, Council Member Springsteen. Council Member Anderson interjected that he would prefer not to limit the discussion to lot coverage. Mayor Colbert reminded Council that the subject of the public hearing is a zoning request, not lot coverage. A revised motion was made to continue the Public Hearing to the Council Meeting of November 14, 2022. Motion, Council Member Potter; second, Council Member Springsteen. Motion carried unanimously. Town Manager Payton requested consideration of an “Out of Turn” motion on Item 1 of the Regular Business, as it relates to the subject under discussion. A motion was made to defer the modification of site plan requirements related to the requested rezoning for 127-133 Park Street NE for the twelve parcels located at 127-133 Park Street, NE to the Town Council meeting of November 14, 2022. Motion Council Member Potter; second, Council Member Springsteen, Motion carried unanimously. Mayor Colbert called for a break at 10:12 PM Meeting resumed at 10:20 PM. 6. Consent Agenda A motion was made to approve the consent agenda as presented. Motion, Council Member Springsteen; second, Council Member Somers. Motion carried through oral vote. A motion was made by Council Member Howard J. Springsteen, seconded by Council Member Ed Somers, that the consent agenda be approved. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Potter, Council Member Somers, Council Member Springsteen, Council Member Colbert and Mayor Colbert Absent: 1- Council Member Patel A. 22-3441 Approval of Historic Vienna Lease Agreement Addendum to incorporate an Archeological Proposal for the grounds of the Freeman Store and Museum. A motion was made that the Action Item be approved on the Consent Agenda. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Potter, Council Member Somers, Council Member Springsteen, Council Member Colbert and Mayor Colbert Town of Vienna Page 9 Printed on 11/18/2022 Town Council Meeting Meeting Minutes October 24, 2022 Absent: 1- Council Member Patel B. 22-3421 Request to Approve the Purchase and Installation of Emergency Vehicle Preemption (EVP) equipment for the Town’s Traffic Signals. A motion was made that the Action Item be approved on the Consent Agenda. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Potter, Council Member Somers, Council Member Springsteen, Council Member Colbert and Mayor Colbert Absent: 1- Council Member Patel 7. Regular Business A. 22-3433 Request for modifications of site plan requirement related to the proposed rezoning of twelve parcels located at 127-133 Park Street NE for lot coverage, front yard setback, rear yard setback, and minimum lot area requirements. Item acted on under Item 5 A. 22-3419. A motion was made by Council Member Potter, seconded by Council Member Springsteen, that the Action Item be postponed. The motion carried by the following vote: Aye: 6- Council Member Anderson, Council Member Brill, Council Member Potter, Council Member Springsteen, Council Member Colbert and Mayor Colbert Absent: 1- Council Member Patel Recused: 1- Council Member Somers B. 22-3420 Request to Approve Design Contract Supplement for Kingsley Road, SW Sidewalk Mayor Colbert called on Christine Horner, Acting Director, Public Works to present the Item for Council consideration. It was moved to approve an additional design supplement in the amount of $68,900 for a project total not to exceed $197,810 for the Kingsley Sidewalk Project to Whitman, Requardt, & Associates, LLP. 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 Potter, Council Member Somers, Council Member Springsteen, Council Member Colbert and Mayor Colbert Absent: 1- Council Member Patel C. 22-3453 Intent to Adopt the indefinite repeal of the effective date, of the amendments/modifications to Chapter 22 - Massage Salons, Health Clubs, etc., Town of Vienna Page 10 Printed on 11/18/2022 Town Council Meeting Meeting Minutes October 24, 2022 Adopted Aug. 29, 2022, Pending further discussion Mayor Colbert called on Marion Serfass, Director, Finance and David Levy, Director, Planning and Zoning to present the Item for Council consideration. Council comments are summarized as follows: • Special Conference Session set for November 2, 2022 at 7:00 PM; • Outcall has not been addressed – will need to be discussed; • Current motion will repeal changes to Chapter 22 adopted on August 29, 2022; • Ordinance becomes effective ten days following adoption; Council can set a different effective date; • Motion should read “move to repeal the amendments to Chapter 22, adopted on August 29, 2022”; • Don’t wish to start over with edits; citizen concerns can be addressed without elimination of all August 29, 2022 edits; • Repealing effective date would leave language in suspension; indefinite timeframe unacceptable –propose March 15, 2023; • To “stay” the effective date allows time to make changes; reaching consensus on November 2, 2022 would allow for two consecutive week advertisements followed by readoption; • Funding has not been addressed; recommend a repeal until this is resolved. A motion was made to repeal the adopted amendment to Chapter 22 approved on August 29, 2022; and further direct the Town Clerk to advertise a Notice of Adoption of the repeal. Motion, Council Member Somers; second, Council Member Springsteen. Motion carried in a 4-2 vote. A motion was made by Council Member Somers, seconded by Council Member Springsteen, that the Action Item be approved. The motion carried by the following vote: Aye: 5- Council Member Potter, Council Member Somers, Council Member Springsteen, Council Member Colbert and Mayor Colbert Nay: 2- Council Member Anderson and Council Member Brill Absent: 1- Council Member Patel 8. Meeting Adjournment Mayor Colbert called for a motion to adjourn at 10:55 PM. Motion, Council Member Springsteen; second, Council Member 8. Meeting Adjournment Aye: 7- Council Member Anderson, Council Member Brill, Council Member Potter, Council Member Somers, Council Member Springsteen, Council Member Colbert and Mayor Colbert Absent: 1- Council Member Patel Town of Vienna Page 11 Printed on 11/18/2022 Town Council Meeting Meeting Minutes October 24, 2022 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 12 Printed on 11/18/2022