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, January 30, 2023 8:00 PM Vienna Police Department, Community Room, 215 Center St. South Invocation: Jay Miller, Baha'i Community of Vienna Mayor Colbert called on Jay Miller, 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 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 Council Member Linda Colbert 2. Acceptance of the Minutes: A. 23-3595 Acceptance of the Regular Council Meeting and the Conference Session Minutes of January 9, 2023 and the Joint Conference Session Minutes of December 7, 2022 The Regular Council Meeting and the Conference Session Minutes of January 9, 2023 and the Joint Conference Session Minutes of December 7, 2022 were approved as presented. 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 Council Member Colbert 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. David DiFiore, 2791 Merrywood Oaks Ln, presented several items for Council consideration. • First he commended the Town on recently completed paving. He suggested that the work be covered in the Vienna Voice and completed projects be posted. • Schedule a conference session to review the topic of GIS (Geographic Information Systems) and its usefulness in Town departmental processes. • Review the Town website search capability with an eye toward improvement. Currently searches do not include all available public documents, such as Town Council minutes. • Consider adding an R&D budget line item to fund new initiatives; $50,000- $75,000 would be adequate. • Provide residents with all information on the noise issue. As this is one of Councils top four priorities for the year, it follows that residents should understand Town of Vienna Page 1 Printed on 3/2/2023 Town Council Meeting Meeting Minutes January 30, 2023 why. • Repair meeting audio. Recent meetings have been unintelligible. Lobna Dabbagh, 1009 Fairway Dr., NE spoke on the issue of gas powered leaf blowers. As an asthmatic, she is unable to enjoy her backyard when these units are in use. Is it possible to limit hours of use? Many are used on Sundays which is in violation of Town Code. These units are harmful to the health of residents and laborers as well as the overall environment. As a member of the Fairfax County Extension Master Gardeners program, Ms. Dabbagh is aware of superior alternatives, such as electric leaf blowers or letting the leaves lie. Avril Garland, 917 Hillcrest Dr. wished to bring attention to the fact that the Ailanthu (Tree of Heaven), an invasive species of fast growing trees, has been found in Fairfax County. Resistant to nonchemical methods of control, this agricultural pest has the potential to destroy tree canopy. The current means for eradication is through herbicide application. There are not enough professional applicators to adequately keep ahead of growth, so jurisdictions across the country have turned to trained volunteers, with reported success. Ms. Garland suggested that this may be an issue worth taking to Richmond for assistance. Ms Garland also expressed support for the previous speaker's remarks regarding gas powered leaf blowers. She reported that in response to a similar problem, Chevy Chase Maryland shortened the allowable hours for use. The Village of Chevy Chase banned the use of these units completely. The Town of Vienna Code has a loophole that must be filled. These units are banned for use on Sundays by landscaping companies, however they can be used by homeowners on Sunday. Jim Holt, 114 Melody Lane, SW. wished to speak on the planned installation of sidewalks along Melody Lane. He presented Council with a petition of Melody Lane residents opposed to the project. With no further speakers, Mayor Colbert thanked participants and noted that Council and Staff are available for further communication through email. 4. Reports/Presentations A. Report and Inquiries of Council Members Mayor Colbert opened the floor for comments from Council. Council Member Anderson noted that the new Men’s Figure Skating Champion, Ilia Malinin, is a student at Marshal High School and lives in Vienna. Council Member Patel remarked about the recent uptick in criminal activity in the Town. After speaking with Chief Morris, Mayor Colbert and fellow Council Members she wanted to assure residents that this is not taken lightly. The safety of residents takes priority over every other issue before Council. B. Report of the Town Manager Town Manager Payton noted that the February 6, 2023 CIP/ARPA agenda item will be pushed back to April 17, 2023 per Finance Director Marion Serfass. The budget, a different discussion from the CIP/ARPA, will be voted on in May. C. Report of the Mayor Mayor Colbert wished to follow up on comments by Council Member Patel stating Town of Vienna Page 2 Printed on 3/2/2023 Town Council Meeting Meeting Minutes January 30, 2023 that public safety is the Town’s number one priority. She called on Police Chief Jim Morris to address the recent carjacking event. Chief Morris reviewed the event and subsequent police response. The investigation is ongoing. The department has begun to push information to the public on safety. A quarterly “At Your Service” program has been initiated jointly by Mayor Colbert and Chief Morris to address safety issues, the first to be held February 14, 2023. Senator Chap Peterson and Delegate Holly Seabold will host a public forum on February 11, 2023. The event will be held in the Police Station Conference Room from 9:00 AM -11:00 PM. Mayor Colbert recognized a local Boy scout from Troop 987 working on his Citizenship Badge. 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 January 30, 2023 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 later this date, January 30, 2023 at the conclusion of the Regular Meeting in accordance with Virginia Code, Section 2.2-3711.A.(1), for discussion or consideration of plans to protect public safety and briefings by Staff members, legal counsel and law enforcement concerning the actions taken to respond to such matters related to public safety. Motion, Council Member Somers; second, Council Member Patel. Motion carried unanimously. It was moved to appoint Brenda Burns to the Town Business Liaison Committee for a two-year term. Said term shall commence January 30, 2023 and expire January 30, 2025. It was moved to appoint Steven Alb to the Town Business Liaison Committee for a two- year term. Said term shall commence January 30, 2023 and expire January 30, 2025. It was moved to appoint Amy Carlini to the Public Arts Commission for a two-year term. Said term shall commence January 30, 2023 and expire January 30, 2025. Motion, Council Member Somers; second, Council Member Patel. Motion carried unanimously. E. Closed Session Report Town of Vienna Page 3 Printed on 3/2/2023 Town Council Meeting Meeting Minutes January 30, 2023 5. Consent Agenda A motion was made to approve the consent agenda as presented. Motion, Council Member Patel; second, Council member Springsteen. Motion carried unanimously. A. 23-3561 Request approval for spending $1,350,000 with Crown Construction Service, Inc. for continued water main improvements within the Town’s water service area using Phase II ARPA funding. B. 23-3579 Request approval of vehicle purchases within the Vehicle Replacement Program for FY23. 6. Regular Business A. 23-3596 Glyndon Park Pickleball Schedule Mayor Colbert called on Leslie Herman, Director, Parks and Recreation to present the Item for Council consideration. A motion was made to approve the permitting of pickleball play at Glyndon Park on Monday & Wednesday from 8:00 AM to 8:00 PM and Saturday from 8:00 AM to 5:00 PM effective March 1, 2023 with open play allowed from 8:00 AM to 12:00 PM and other times by reservation. Further, the Department of Parks and Recreation shall retain the authority to alter the schedule to accommodate pro rounds, activities and other events; and that pickleball players at Glyndon Park are encouraged to use “quieter paddles” with a suggested list provided by the Department of Parks and Recreation. Players will be informed of this recommendation through signage posted at Glyndon Park, with weblink and QR Code as well as other mechanisms to be determined by the Department of Parks and Recreation. It was further moved that the Department of Recreation be charged to provide to the Town Council a report on implementation of this motion and pickleball in general in Vienna by August 31, 2023 for discussion at a Town Council Conference Session to be scheduled in September, 2023. Motion, Council Member Somers; second, Mayor Colbert. Council discussion included the following: • Provides for an incremental step; • Recommend open court time reservation for Vienna residents; • Consider that open play time encourages new player participation; • Consider increasing nonresident community center play charge; • Consider adding additional day and reducing hours of play per day; Consider evenly dividing court time between tennis and pickleball; • Later start time would appeal to families with school age children; • Consider equipment changes (quieter paddles, quieter balls); • Continue to investigate other locations for courts; • Consider three-month effectiveness evaluation of Council decision (June 1, 2023); • Consider reducing reservation time (reduce from 2 hour increments to 1.5 hour) • Reduce number of nonplayers inside court area - allow only bench sitters; Town of Vienna Page 4 Printed on 3/2/2023 Town Council Meeting Meeting Minutes January 30, 2023 • Investigate Meadow Lane Park and Southside Park as options for additional courts; • Tennis players have not been included in discussion; • Changing hours and days of play from resident survey may cause confusion; Survey provided compromise from both sides of the issue. Mayor Colbert called for a vote on the motion on the table. Motion failed in a 5-2 vote. A motion was made to direct Town Staff to revise court playing times at Glyndon Park as follows: For the period beginning December 1 and ending on the last day of February: 10:00 AM to 5:00 PM Monday, Wednesday and Friday; 10:00 AM to 1:00 PM, Saturday. Reserved for pickleball play only. All other times from current opening hours shall be for tennis only. For the period beginning March 1 through November 30: 9:00 AM to 7:00 PM, Monday, Wednesday, Friday; 9:00 AM to 1:00 PM, Saturday. Reserved for pickleball play only. All other times from current opening hours shall be for tennis only. Further, Town Staff is directed to extend the reservations system to as many hours as is possible and needed to reduce crowds waiting for courts. Further, the Council recognizes the authority of the Director of Parks and Recreation to adjust the Glyndon Park schedule for occasional camps and classes. Further, Town Staff is directed to report on the new policy by June 1, 2023. Finally, the Council request the Director of Parks and Recreation to prepare a long-term plan for management of the courts at Glyndon Park consistent with the Vienna Parks Master Plan and the director's general responsibilities for other parks and recreational facilities. Motion, Council Member Anderson; second, Council Member Brill. An amendment was offered to change the language from “pickleball only” to “permitting of pickleball play”. Amendment offered by Council Member Patel; second, None. A second amendment was offered as follows: Pickleball players at Glyndon Park are encouraged to use "quieter paddles", with a suggested listing to be prepared by the Department of Parks and Recreation. Players will be informed of this recommendation by signage posted Glyndon Park with a weblink and QR code to the list, as well as other mechanisms to be determined by the Department of Parks and Recreation. Accepted by Council Member Anderson. Amendment offered by Council Member Springsteen; second, Council Member Somers. Additional discussion included the following: • Adding a fourth day of play alters the compromise between players and neighbors; • Neighbors indicated preference for fewer days of play over length of play time per day. Town of Vienna Page 5 Printed on 3/2/2023 Town Council Meeting Meeting Minutes January 30, 2023 Mayor Colbert called for a vote on the following amended motion by Council Member Anderson and seconded by Council Member Brill. For the period beginning December 1 and ending on the last day of February: 10:00 AM to 5:00 PM Monday, Wednesday and Friday; 10:00 AM to 1:00 PM, Saturday. Reserved for pickleball play only. All other times from current opening hours shall be for tennis only. For the period beginning March 1 through November 30: 9:00 AM to 7:00 PM, Monday, Wednesday, Friday; 9:00 AM to 1:00 PM, Saturday. Reserved for pickleball play only. All other times from current opening hours shall be for tennis only. Further, Town Staff is directed to extend the reservations system to as many hours as is possible and needed to reduce crowds waiting for courts. Further, the Council recognizes the authority of the Director of Parks and Recreation to adjust the Glyndon Park schedule for occasional camps and classes. Further, Town Staff is directed to report on the new policy by June 1, 2023. Finally, the Council request the Director of Parks and Recreation to prepare a long-term plan for management of the courts at Glyndon Park consistent with the Vienna Parks Master Plan and the director's general responsibilities for other parks and recreational activities. Pickleball players at Glyndon Park are encouraged to use "quieter paddles", with a suggested listing to be prepared by the Department of Parks and Recreation. Players will be informed of this recommendation by signage posted at Glyndon Park with a weblink and QR code to the list, as well as other mechanisms to be determined by the Department of Parks and Recreation. Motion passed in a 5-2 vote. The Parks Master Plan study will provide information regarding other potential locations for pickleball courts such as Southside Park. Mayor Colbert called for a recess into Closed Session at 9:20 PM. "I move to approve the permitting of pickleball play at Glyndon Park on Monday & Wednesday from 8am to 8pm and Saturday from 8am to 5pm effective March 1, 2023." Or Other action deemed necessary by Council. 7. Meeting Adjournment Council Meeting resumed at 9:25 PM. Mayor Colbert called for roll; all members of Council were present. It was moved that members of the Vienna Town Council be polled to affirm that a second closed session was held on January 30, 2023 in accordance with Virginia Town of Vienna Page 6 Printed on 3/2/2023 Town Council Meeting Meeting Minutes January 30, 2023 Code, Section 2.2-3711.A.(19), for discussion or consideration of plans to protect public safety as it relates to law enforcement and/or emergency service officials concerning actions taken to respond to armed robberies and property crime matters or related threat to the public safety. 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, February 6, 2023 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. Mayor Colbert called for a motion to adjourn the Town Council Meeting at 9:30 PM. Motion, Council Member Springsteen; second, Council Member Somers. 7. 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 3/2/2023