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, December 5, 2022 8:00 PM Vienna Police Station Community Room, 215 Center Street, South Invocation: Fariba Ferdowsi, Baha'i Community of Vienna Mayor Colbert called on Fariba Ferdowsi, Baha'i Community of Vienna to provide the evening’s invocation. Pledge of Allegiance to the Flag of the United States of America 1. Roll Call 1. Roll Call Present: 7- Council Member Howard J. Springsteen, Council Member Linda Colbert, Council Member Chuck Anderson, Council Member Ray Brill Jr., Council Member Nisha Patel, Council Member Steve Potter and Council Member Ed Somers 2. Acceptance of the Minutes: A. 22-3514 Acceptance of the Regular Council Meeting Minutes of November 14, 2022. The Regular Council meeting minutes of November 14, 2022 were approved as presented. 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. Kyle Scott, 402 Onondion Circle, SE indicated that he is representing the larger group of pickle ball players who use the courts at Glyndon Park. He noted that these are the only courts in Vienna with proper nets and adequate spacing. The popularity of this sport means that use is very high. He has become aware that Parks and Recreation is considering further reductions in playing time for the sport and possibly eliminating the rights of residents to reserve court time, all to be discussed at a meeting in January. The pickle ball community stands ready to work with Town authorities, as in the past, however they request an opportunity for input. They also request a session with Parks and Recreation prior to the January meeting to air concerns and to better understand what is driving the move to further restrict pickle ball play. The Town should fully study any and all alternatives that could potentially address concerns of all stakeholders, both residents adjacent to Glyndon Park and the extensive pickle ball community. The pickle ball community wish to be a part of the process and want to work with the Town of Vienna to seek new innovative solutions. Given the rapid growth of the sport, fully dedicated courts should be actively considered. Until such time as alternate facilities or other mitigation measures have been taken, the pickle ball community request there be no further steps taken to reduce access to this public park. To underscore the broad Town of Vienna Page 1 Printed on 1/23/2023 Town Council Meeting Meeting Minutes December 5, 2022 appeal of the sport in Vienna, a petition was gathered in just the last seven days with eighty signatures emphasizes the concern regarding further court limitations. The Town needs more facilities, not more restrictions. Dan Leas, 305 Jean Place, NE across from Glyndon Park tennis courts. Mr. Leas wished to express his opposition to the pickle ball courts at Glyndon Park. It is his belief that they are located unlawfully according to the Town of Vienna Code under Park operation policies enforcement, Chapter 20, Article 7. The ordinance seems clear, except for use of the word unreasonable. In an effort to explain how the current use is unreasonable, Mr. Leas presented a petition of sixteen signatures representing households located nearest the pickle ball courts, that affirm the sport has ruined the livability of the neighborhood due to noise. This would argue that the noise is unreasonable. The American National Standards Institute quantifies noise caused by sound and has a quantifiable measure of what is reasonably loud. It uses a figure of 55 decibels for daytime. The homes nearest Glyndon have registered daytime levels as high as 77 decibels. It regularly registers decibel levels over 70 and most others register over 65. These figures would argue the noise as unreasonable. A pickle ball court with no sound abatement should set no closer than 500-600 feet to the nearest residential home. Glyndon Courts sets 70 feet making the noise unreasonable. A pickle ball court that sets closer than 150 feet to residential homes, even with maximum sound abatement, may still cause unreasonable noise. Glyndon Park pickle ball courts has no sound abatement. After speaking with local realtors and through personal research, Mr. Leas found that homes near pickle ball courts sell for 20% less that the norm. A financial loss that argues the noise is unreasonable. Glyndon Park is not a reasonable location for pickle ball courts. It is too small and far too close to homes even with maximum sound abatement. This sport has unreasonably disturbed the peace and quiet of the neighborhood for far too long and needs to stop. Susan Gilbert, 628 John Marshall Drive, NW is a twenty-year resident of the town and neighbor to new construction by New Dimensions, Inc. (NDI). Ms. Gilbert is here tonight to express her disappointment in the Town of Vienna’s inspection and enforcement of building permits and to highlight the disconnect between the Town’s plan reviewers and its inspectors. In April 2022, NDI began construction but there was never any apparent enforcement or oversite of the building site. Critically, NDI never installed a silt fence between the Gilbert property along the curb on the downhill side of the slope, despite that it was a requirement stated in the building plan. As a result, in September NDI built a retaining wall on the Gilbert property, dug up and graded over landscaping (4.5 feet over the property line), installed a gas line and pulled up delineating property markers. After turning to the Town for help, Ms. Gilbert was informed by John Sergent, Town of Vienna Engineer, that the Town was powerless to do anything about the problem regardless of the clear violation. She was further informed that the builder did not have to build according to the permit and issues such as the silt fence are optional due to changing building plans. Ms. Gilbert pointed out the for seven months, on the downside slope of the hill with disturbed, uncovered soil, no one from the Town realized that erosion control was essential, required by the plan, and that NDI was in clear violation. Previously the Town of Vienna inspected each building site every ten days and within 48 hours of a rain fall to assure of no erosion. While this is apparently still the case Mr. Seregnt could not explain why such a glaring violation on this property was permitted for seven months, even as Vienna weathered two hurricanes and multiple large rainfalls. Mr. Sergent admitted that silt fences were installed primarily to protect neighboring properties. Ms. Gilbert has persisted in her efforts to seek enforcement for over two months, but just heard back from the Town this week. She expressed Town of Vienna Page 2 Printed on 1/23/2023 Town Council Meeting Meeting Minutes December 5, 2022 concern about the direction building inspections has taken and the laisse faire attitude to code compliance and customer service. She asks that Planning and Zoning be held accountable for better enforcement of Town on Vienna permits, especially to builders, such as NDI, who build, make their profit, and leave. Phil Pen, 513 Orrin St., SE wished to speak to the sidewalk installation on Orrin St. He would like the Town to consider placement on the even side rather than the odd. It is true that most Orrin Street residents oppose sidewalks due to the narrowness of the roads, the age of homes, and the congestion. Since the January survey two new homes have been built on the even side of the street. One of those homes has included a sidewalk. With no other sidewalks on this street, it would seem logical to connect this isolated sidewalk. 4. Reports/Presentations A. 22-3485 Presentation of 2022 Annual Comprehensive Financial Report (ACFR) Mayor Colbert called on Marion Serfass, Director, Finance to present the Item. Director Serfass, in turn, introduced Andrew Grossnickle of Robinson, Farmer and Cox to present a summary of the report and audit which indicated that The Town ended the fiscal year in financially stable condition receiving a clean opinion. A. Report and Inquiries of Council Members Mayor Colbert opened the floor to Council for comment. Council Member Springsteen urged that the issues on John Marshal Drive be addressed. He also commented that the construction of Sunrise Assisted Living is nearing completion however a problem has developed with construction workers parking in the neighborhood. It is imperative to fix this as congestion has become a problem. Council Member Patel requested that Mr. Scott, who spoke on behalf of the pickle ball community, provide information on the number of supporters signing the petition who lived in the Town of Vienna. She also requested that Public Works provide feedback on prior concerns regarding replacement of unreadable street signs and the addition of street lighting. With recent auto thefts in her neighborhood she asked if perhaps additional surveillance was possible. Finally, Council Member Patel requested an update on the possibility of a Holiday Tree in the town green. Council Member Potter reported on traffic issues at the 380 Maple Avenue construction site. Two-way traffic has been affected at both Glen and Liberty and there is no one present to direct the traffic through. He requested attention to this issue. Council Member Somers stated that he has received numerous inquiries regarding adding a menorah to the Town Holiday display. Following a conversation with the Town Attorney, he has a better understanding of the legal ramifications of religious symbols and would urge anyone with questions to contact Town Attorney Briglia. Council Member Brill remarked that the noise associated with the play of pickle ball was recently addressed in a Wall Street Journal article. He further questioned if it would be possible to design a softer ball to reduce the impact sound. Additionally, he indicated that on several occasions he has witnessed large groups of people Town of Vienna Page 3 Printed on 1/23/2023 Town Council Meeting Meeting Minutes December 5, 2022 waiting for court time and noted that they also generate considerable noise. B. Report of the Town Manager Mayor Colbert called on Town Manager Payton to provide his report. Providing an update on the construction of Courthouse Rd. and Locust St., SW Town Manager Payton indicated that Staff will continue to work with Sekas Homes to create a plan of revision to improve the angle of approach into the driveway and better align a perpendicular intersection for all uses. The developer has agreed to build and pay for the construction of a new intersection improvement. Based upon the new intersection design and feedback from Council the revision will also include a hammerhead turn around in the Town’s right-of-way. Sekas Homes has agreed to provide a performance bond for the public improvements and the bond will stipulate the construction time frame. A Code Create meeting has been scheduled for Wednesday, December 7, 2022 at 7:00 PM at this location. The Town Conference Session is scheduled for Monday, December 12, 2022 to begin budget discussions. The Town Council meeting of November 14, 2022 included an item addition to the agenda. Town Code requires a statement regarding the urgent nature of any additional item, however this statement was neglected. By way of rectification, the calendar update item was added to the agenda due to a meeting conflict and the printing schedule. In response to the query of a holiday tree, Parks and Recreation will provide a response as soon as possible. Regarding the issue of adding street signage and street lighting, Town Manager Payton called on Christine Horner, Acting Director, Public Works. She responded that the Town replaces an average of 400 hundred street signs each year and will address any issues brought to their attention. Street lighting is handled by Fairfax County and requires a citizen petition form. Currently, however, the process has been put on hold due to budget constraints. Should Council have specific requests, Acting Director Horner indicated she will try to satisfy the request through their departmental budget. C. Report of the Mayor Mayor Colbert reported that the James Madison High School football team will play for the State Championship at Old Dominion University Saturday, December 10, 2022. She thanked Town Staff for a successful Church Street Stroll and reminded all of the holiday party this Friday, December 9, 2022 at the Community Center from 4:00 PM-6:00 PM. The event is open to all. D. Proposals for Additional Items to the Agenda Mayor Colbert recognized Council Member Somers to present a motion for an additional item to the agenda. It was moved to reconsider the discussion and vote on the request for approval of the final plat for the subdivision of 204 Courthouse Rd. SW into two lots on property Town of Vienna Page 4 Printed on 1/23/2023 Town Council Meeting Meeting Minutes December 5, 2022 in the RS 10 single family detached zone. Motion, Council Member Somers; second, Council Member Brill. Motion carried unanimously. E. Closed Session Report A. 22-3515 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 December 5, 2022 in accordance with Virginia Code. 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 January 9, 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 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 appoint Ken Heggrow to the Transportation and Safety Commission to fill the unexpired term of Joseph Lowther. Said term shall commence December 6, 2022 and expire July 14, 2024 . Motion, Council Member Somers; second, Council Member Patel. Motion carried unanimously. 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: 7- Council Member Springsteen, Council Member Colbert, Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter and Council Member Somers 5. Regular Business A. 22-3491 Town Council consideration of a requested change to the zoning map for a single parcel with 12 existing condominium units; and a related request for modifications of site plan requirements for lot coverage, front yard setback, rear yard setback, and minimum lot area. The parcel is 127-133 Park St., NE (Tax ID #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 recognized Council Member Somers who recused himself from the discussion. Kelly O’Brien, Deputy Director, Planning and Zoning provided a brief overview of the changes made to the request. With no discussion, Mayor Colbert called for a motion. After considering the proper relationship of the proposed zoning map amendment to Town of Vienna Page 5 Printed on 1/23/2023 Town Council Meeting Meeting Minutes December 5, 2022 the Town's comprehensive plan, with the intent to retain the integrity and validity of zoning districts, a motion was made to approve the requested rezoning for the parcel located at 127-133 Park Street NE (Tax ID#s 0382-52-0001 through 0012) from the T Transitional to RM-2 Multifamily, Low Density zoning district. Furthermore, such rezoning is specifically conditioned up and subject to written proffers as submitted by the applicant. Motion, Council Member Springsteen, second, Council Member Patel. David Levy, Director, Planning and Zoning suggest that additional language be added to the proposal as follows: “for the written proffers dated November 18, 2022 as submitted by the applicant”. Council Member Springstreen agreed to the addition to the motion. Second, Council Member Patel. The final motion read as follows; A motion was made to approve the requested modifications of requirements related to the requested rezoning for 127-133 Park Street NE for front yard setback of 25 feet, rear yard setback of 24 feet, lot coverage of 61.5%, and lot area of 72,167 square feet for the proposed development of 24 single-floor units in 12 buildings as shown in the concept plan. Motion, Council Member Patel; second, Council Member Anderson. Motion carried unanimously. A motion was made by Council Member Springsteen, seconded by Council Member Patel, that the Action Item be approve. The motion carried by the following vote: Aye: 6- Council Member Springsteen, Council Member Colbert, Council Member Anderson, Council Member Brill, Council Member Patel and Council Member Potter Recused: 1- Council Member Somers B. 22-3480 Request approval for a construction services contract to Whitman, Requardt & Associates, LLP for the Park Street, NE sidewalk Mayor Colbert called on Christine Horner, Acting Director, Public Works to present the Item for consideration. A motion was made to award the construction services contract for the Park Street, NE Sidewalk project to Whitman, Requardt & Associates, LLP, in an amount not to exceed $93,453.92. 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 approve. The motion carried by the following vote: Aye: 7- Council Member Springsteen, Council Member Colbert, Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter and Council Member Somers C. 22-3527 Request to reconsider approval of final plat for subdivision of 204 Courthouse Rd. SW Town of Vienna Page 6 Printed on 1/23/2023 Town Council Meeting Meeting Minutes December 5, 2022 Mayor Colbert recognized Council Member Somers. A motion was made to reconsider the discussion and vote on the request for approval of the final plat for the subdivision of 204 Courthouse Rd. SW into two lots on property in the RS 10 single family detached zone. Motion, Council Member Somers; second, Council Member Springsteen. Motion carried unanimously. Mayor Colbert called for a motion on the Item. It was moved to approve the proposed final platt of the two lot subdivision of 204 Courthouse Rd., SW. Motion, Council Member Somers; second. Council Member Springsteen. Following questions regarding street parking distance to driveway, Mayor Colbert called for a vote. Motion passed in a 6-1 vote. A motion was made by Council Member Somers, seconded by Council Member Springsteen, that the item be approved. The motion carried by the following vote: Aye: 6- Council Member Springsteen, Council Member Colbert, Council Member Anderson, Council Member Brill, Council Member Patel and Council Member Potter Nay: 1- Council Member Somers 6. Meeting Adjournment Mayor Colbert called for a motion to adjourn at 9:10 PM Motion, Council Member Patel. 6. Meeting Adjournment 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 7 Printed on 1/23/2023