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, April 10, 2023 8:00 PM Charles Robinson Jr. Town Hall, 127 Center St. South Invocation: Violette Yazdani, Town of Vienna Bahai' Community Mayor Colbert called on Violette Yazdani, Town of Vienna Bahai' Community 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. 23-3726 Acceptance of the Regular Council Meeting Minutes of March 6, 2023, March 20, 2023 and the Conference Session Minutes of March 6, 2023, March 11, 2023, March 12, 2023 and March 20, 2023. A motion was made that the Action Item be approve. 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 opened the floor for comments from the Public. Mr. Duane Merrill 600 Hillcrest Dr., SW thanked Council and Staff for planning Earth Day and Arbor Day events. He noted that this is wonderful thing that the Town does for the community as a whole. “My generation and those before me have not been very good caretakers of our planet. We leave our children and grandchildren with a legacy of water, ground, air and atmospheric pollution. These two special days remind that there is still time, a lot of time, for us to do better, to do more, to take responsibility for our personal actions that contribute to further environmental damage. Arbor Day is tree day, it’s a day to plant new trees and celebrate the wonderful benefits that our trees currently provide. They reduce carbon dioxide, they filter out water, cool our communities, buffer against extreme weather and support bio-diversity, even squirrels. My wife and I are very fortunate to have all of these benefits from the six old growth trees that canopy our property. They were all planted in the early 1950’s when our dairy farm property was developed as part of a new subdivision. The three trees in the front are an 18” diameter crepe myrtle, a 28” diameter red oak, and a 30” diameter tulip poplar. Town of Vienna Page 1 Printed on 4/26/2023 Town Council Meeting Meeting Minutes April 10, 2023 Unfortunately, these three trees will celebrate their last Arbor Day this year. They are project planned to be destroyed. They have survived over sixty years of weather, curb construction, storm drain construction, new home construction, but their run is done because they have no one in power to protect them. Maude Robinson was a big Arbor Day proponent. She has a Vienna Oral History memory about the day they cut down the Maple trees on Maple Avenue in order to widen the street. She was organizing the women’s club to chain themselves to the trees in protest. Unfortunately, the chainsaws beat them to the mark. But as she reported in her oral history, “Then the group of us, we formed a more beautiful Vienna, we lobbied and lobbied and we got those trees back”. I wonder what she would think today about the 26 Hillcrest Drive trees destroyed in her name.” Ms. Sun Yumei, 614 Echols St., SE has lived at this address for 24 years. She asks that the Town keep the walkways free of cracks, etc. and requests that it be widened, to allow for passage of her wheelchair. She further would like to see the addition of a bus shelter at the intersection of Echols and Folin. She also relies on the Fairfax County Rec Center for physical therapy, but there are no direct bus routes there from Vienna. Nor are there direct bus routes to Spring Hill Rec Center, Providence or Oak Mar. She indicates that to reach a facility she is required to transfer three times. Finally, she mentioned the value of adding a small exercise pool to the Vienna Community Center. Ms. Avril Garland, 917 Hillcrest Dr. SE noted that this is the last hearing before consideration of the Town noise ordinance. It is good that the Town reached a compromise for pickle ball play; a similar compromise over gas powered blowers would be welcomed, perhaps mirroring the ordinance set by Chevy Chase, MD. A compromise over sidewalks might be good as well. Ms. Penny Oszak, 221 Nutley St., NW noted that her property abuts Green Hedges School on two sides. Almost a year ago it was learned that that the school planned to expand their use again. The surrounding neighbors met to discuss what could be done to better manage the school growth, to protect quality of life, which has significantly declined, and maintain the residential neighborhood. “To educate ourselves on the school’s CUPs currently in force, a FOIA request was submitted to learn what conditions are in place to protect the residents. Sadly, we learned that the CUP’s are woefully inadequate, vague, and most importantly, unenforceable. To date there have been 26 complaints filed with the Town against Green Hedges. Many of these are repeatable issues. We met with Ms. West several weeks ago to get an update on what is being done to address these complaints. Ms. West informed that she is limited in action by Virginia State Code, and Town Code only allows for $100 fines. We were shocked to learn this. What is the point of a CUP if it means nothing? If there are no repercussions? One of the main tenets of a CUP is that the use is not detrimental to the surrounding neighborhood. The tenets of the CUP are irrelevant if they are not enforceable and if they can’t protect the surrounding residents. At a minimum, if the CUP conditions are not met, then the privileges should be revoked. We respectfully request the Town provide us with written clarity on specific Code sections (both State and Town) that address how CUP’s are enforced. If there are gaps, we respectfully request that the Town address these deficiencies within the current Code Create process, especially as the Town proposes to increase various types of CUP uses going forward. Ms. Liz DiFrancisco, 434 Knoll St., NW stated that her property also abuts Green Hedges school on two sides. “To be clear, we knew 24 years ago when we moved to Vienna that we were moving next to a quaint country school with about 100 Town of Vienna Page 2 Printed on 4/26/2023 Town Council Meeting Meeting Minutes April 10, 2023 children. And we knew and enjoyed the sound of children’s laughter and everyday activities. To expand on Penny’s comments with regard to CUP’s, I’d like to provide examples of the Green Hedges CUP process, what was said during meetings between Council and Green Hedges representatives, and what is or is not in the CUP order. In the 2000 CUP request to create an athletic field, the school indicated that they typically have 20 children outside at one time. There are no limitations on the number of children outside at any given time in the CUP order. The school’s use of outdoor space has dramatically changed in the 24 years I’ve lived in Vienna. The children are now outside all day long, from 8:00 AM until 6:00 PM. Times have changed. Often there are three classes outside, up to 60 children, at one time…outside…screaming…The sound of those children infringes on all the neighbor’s rights. We have no buffer, no space, no sound walls of any sort to block the sound. We value our weekend and evening time and we want to make certain that you help us to keep that time private. During the 2007 CUP request the headmaster said they typically have four extracurricular events per year. However, the CUP states infrequent CUP extracurricular activities, which according to the Town Staff is not enforceable. Green Hedges now hold approximately twelve events after hours each year and that number is growing each yearly. The 2007 CUP also states that the school must enforce off-street parking for those infrequent events, which the Town also says is not enforceable. As you can see, the CUP process needs to be strengthened, with conditions clearly worded and actually enforceable, with clear ramifications for noncompliance. I have sat in many Town Council meetings over the last year and am encouraged by the Town’s respect for its residents surrounding nonresidential use; pickle ball and outdoor dining. If and when Green Hedges application comes before the Town we neighbors respectfully request the same consideration. 4. Reports/Presentations A. 23-3732 Proclamation For International Dark Sky Week Mayor Colbert read into the record a proclamation naming April 15-22, 2023 International Dark Sky Week. The proclamation was received by Tom Reinert, President, International Dark Sky Association. A. Report and Inquiries of Council Members Mayor Colbert opened the floor for comments from Council. Council Member Patel requested that the Town look into the request for a bus shelter at Echols and Folin. She also inquired if CUP language is under review and finally, she requested follow-up on the request for permitted parking on Millwood Ct. Chief Morris responded that the permit parking request process for Millwood Ct. has moved through the observation stage. The request will not meet the criteria for permitted parking. He will be speaking with the residents on Thursday to see what solutions can be reached. Town Manager Payton indicated that Director Horner will look into the bus shelter request, and the CUP language will be addressed as a whole to tighten up the language. Council Member Potter requested information on the status of the cost analysis for the leaf collection proposal. Town of Vienna Page 3 Printed on 4/26/2023 Town Council Meeting Meeting Minutes April 10, 2023 B. Report of the Town Manager No report C. Report of the Mayor Mayor Colbert thanked the residents for attending the community workshop on Tuesday, March 28, 2023, to provide input on uses for the Annex. She encouraged residents to further participate by completing the online questionnaire. . Vienna Little League opening day is set for Saturday, April 14, 2023. Walk on the Hill is scheduled for Sunday, April 30, 2023. 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 April 10, 2023 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. 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 April 24, 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 Anderson. Motion carried unanimously. It was moved to reappoint Mark Lander to the Town Business Liaison Committee for a two-year term. Said term shall be retroactively effective March 23, 2023 and expire March 23, 2025. It was moved to reappoint Bets Thomas to the Bicycle Advisory Committee for a two-year term. Said term shall commence April 27, 2023 and expire April 27, 2025. It was moved to appoint Lasha Bijazidan to the Conservation and Sustainability Committee as a student member for a two-year term. Said term shall commence July 1, 2023 and expire June 30, 2025. Motion, Council Member Somers; second Council Member Potter. Motion carried unanimously. E. Closed Session Report A. 23-3710 Public Hearing for 2023-24 Budget Mayor Colbert called the Public Hearing to order at 8:40 PM. All council were Town of Vienna Page 4 Printed on 4/26/2023 Town Council Meeting Meeting Minutes April 10, 2023 present. Marion Serfass, Director, Finance presented the summary as follows. The proposed fiscal year 2023-2024 budget was reviewed by Town Council during conference sessions on December 12, 2022 and March 11 and 13, 2023. This public hearing is held so that Town of Vienna citizens may provide public input. The Town Manager's proposed FY 2023-24 budget reflects current economic conditions related to inflation and rising interest rates, and the top-ranked new initiatives as identified by Council. The general fund budget includes a decrease in the real estate tax rate of $0.0025 (one-quarter cent) per $100 of assessed value and increases in salaries and other costs to meet current economic conditions. The proposed fiscal year 2023-24 Town of Vienna budget totals $50,134,750 for the fiscal year beginning July 1, 2023 and ending June 30, 2024, and is broken down as follows: General Fund $31,665,700 Debt Service Fund $ 5,470,020 Water & Sewer Fund $12,246,990 Stormwater Fund $ 752,040 Council Member Patel requested clarification on the debt service fund. Director Serfass indicated that the fund is composed of meals tax and interest on the revenue side and payments on bonds on the expense side. She also noted that with higher interest rates from the actions of the Federal Reserve, because the Town has many investments in cash, these funds are experiencing higher interest revenue. Mr. Duane Merrill, 600 Hillcrest Dr., SW asked what the 2.9% represented. Director Serfass indicated that it is the percent increase over last year. He further requested clarification of the water and sewer fund. Director Serfass explained that on the revenue side the fund is made up of fees, while on the expense side it’s service and personnel costs. Vienna purchases water and pays DC and Fairfax County to treat Town sewage. These provider’s expenses are increasing due to the rise in interest rates. The fund also includes reserves for replacement of older pipes. As a final question, Mr. Merrill asked if the Town tries to present a balanced budget. Town Manager Payton responded that it is his responsibility to present a balanced budget year over year, and sometimes that requires cuts on the expense side to make that happen. Council Member Springsteen commented that the Town runs a fairly fiscally conservative program. Approximately $75 M of the property taxes goes to the County and approximately $13 M remains with the Town, about 15% of residents taxes. Town Manager Payton noted that every year Staff assesses the needs of the Town. All department directors submit requests for dollars that will serve the needs of the Town in the best way possible. Yet every single year it is impossible to fund all items brought forward. That is actually the way it should be as Department Directors should be looking outward with a vision to see and hear what the residents will want relative to services. That is all taken into consideration and only those items that are most essential, and that the budget can bear, are included. It’s also important to note that every year the budget is looked at from a 24-month window so that whatever is done now can be sustained through that time. Lastly, the Town normally finishes the year in the black and the excess is put into the fund reserve (same as a savings account). That’s how the fund balance is kept healthy and the Town is able to maintain its AAA bond rating. Council Member Somers added that one of the very first budget discussions targets Town of Vienna Page 5 Printed on 4/26/2023 Town Council Meeting Meeting Minutes April 10, 2023 real estate assessments, which are set by the County. The Council then does what they can to offset that increased burden on residents. Ms. Avril Garland, 917 Hillcrest Dr. SE. asked if, in future budgets, there will be money for tree replacement (due to sidewalk installation). With no further discussion, Mayor Colbert called for a motion to close the Public Hearing. Motion, Council Member Somers; second, Council Member Potter. Motion passed unanimously. It was moved that the Town Clerk be directed to advertise a Notice of Intent to Adopt the Fiscal Year 2023-24 Budget at the May 15, 2023 Town Council meeting, following Town Council’s consideration of the real estate tax rate. Motion, Council Member Somers; second, Council Member Potter. Motion passed 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 Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Council Member Colbert B. 23-3711 Public Hearing on FY2023-24 Water and Sewer Rates Mayor Colbert called the second Public Hearing to order at 9:00 PM. All Council were present. Director Serfass once again presented the Item for consideration. During FY2022-23, Finance and Public Works contracted with a vendor to provide an indirect cost study and a new rate study, as it had been more than 5 years since the last study. Due to increases in the cost base of sewer treatment and of wholesale water purchases, and inflation affecting many cost components of the fund, rates will increase by 9.3% for FY2023-24 to maintain an adequate amount of cash for the fund. Overall, the average residential customer's bill will increase $20.35 per quarter or $81.40 per year. Water availability fees will rise slightly and only have a small impact on revenue. Mayor Colbert opened the floor for comments from Council. Council Member Somers noted that the Council is cognizant of its fiscal responsibility so as not to leave generations to come with a crumbling infrastructure and potentially monumental water and sewer rates. Council is trying to be both fiscally responsible to residents now and to generations to come. For those who are having difficulty paying their bills, is there someplace they can seek assistance? Director Serfass responded that with the advent of COVID there are some State grants available to provide assistance to those with income limitations. She is currently pursuing one where the Town would offer assistance to residents who meet certain criteria, to help with payment for water. Additionally, residents have the opportunity to seek assistance with the social services arm of Fairfax County. Finance maintains a list of agencies where help is available for those unable to pay their bills. Vienna residents can also call water and sewer customer service or email water@viennava.gov. Town of Vienna Page 6 Printed on 4/26/2023 Town Council Meeting Meeting Minutes April 10, 2023 Council Member Springsteen commented that the Town has hired nationally recognized water and sewer consultants who have given the Town a dollar figure that must be spent annually in order to bring the infrastructure back up to acceptable. Director Serfass further stated that compared to other localities, Vienna’s fixed fee is much lower. Council Member Anderson noted that it often seems that Council hears more complaints about water and sewer fees than taxes. If a resident used no water at all, the Town would still need to pay for the pipes. That’s what is so critical – the pipes, the infrastructure. These were installed in the 1950’s and 60’s. Past frugal Councils didn’t set rates to recover the eventual cost of replacement. With a useful life of 50 to 60 years the cost for replacement has now come due. The Town now must incur very high capital costs just to maintain the water system. What the Council has tried to do, with the aid of consultants, is to establish a rate structure that will allow the Town to get to a steady state so it can provide regular maintenance of the water and sewer pipe system so as not to leave future Councils with the need to make even greater increases. It’s the cost of a small Town having its own water and sewer system. Ms.Sun Yumei, 614 Echols St., SE remarked that every household pays the same amount for service, but aside from that is the usage. If a disaster happened, it would be very expensive to repair the system. But, for example the large home behind mine uses much more water and it all runs through one pipe. The cost to maintain is greater than mine. We should not have to pay the same fee.” Director Serfass recommended that Ms.Yumei make an appointment to review her bill. Jim Ashe, 910 Hillcrest Dr., SW. asked for additional clarification on fixed fees and whether those dollars were separated into a unique account so it was available for capital maintenance projects. Director Serfass replied that fixed costs cover fixed operating costs, so it’s all part of the fund. The developer fees do go to a different part of the fund for maintenance. If building a new home, there is also a connection fee. Mr. Ashe provided an example of a pipe leak on his street and asked if those maintenance costs were then covered by the moneys incurred through fixed fees. Director Serfass replied that it is a combination of both. Council Member Brill wanted to reaffirm Council Member Anderson’s comments. This Council saw that the Town was just maintaining the existing system, and requested that Public Works get ahead of the curve so costs could be reduced over the years to come. It takes money to do this. With no further comments, Mayor Colbert called for a motion to close the public hearing . Motion, Council Member Springsteen; second, Council Member Potter. Motion carried unanimously. Mayor Colbert called for a motion on the Item. It was moved to approve water and sewer rates and fees for FY2023-24 as presented. It was further moved that the Town Clerk be directed to advertise a Notice of Intent to Adopt water and sewer rates and fees for FY2023-24 at the May 15, 2023 meeting. Town of Vienna Page 7 Printed on 4/26/2023 Town Council Meeting Meeting Minutes April 10, 2023 Motion, Council Member Springsteen; second, Council Member Somers Motion passed unanimously. A motion was made by Council Member Springsteen, seconded by Council Member Somers, 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 6. Consent Agenda Mayor Colbert called for requests to remove Items from the Consent Agenda. Hearing none a motion was made to approve Items A through C of the Consent Agenda. Motion, Council Member Patel; second, Council Member Springsteen. Motion passed unanimously. A motion was made that the consent agenda 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 A. 23-3649 Adoption of Multi-Jurisdictional Hazardous Mitigation Plan Update B. 23-3656 Request approval for security system with key card access control at Northside Property Yard C. 23-3706 Request approval for spending $373,825.83 with Arthur Construction Co., Inc. for construction of Robinson Trust Sidewalk Projects. 7. Regular Business A. 23-3705 Consideration to Initiate Final Design of Robinson Trust Sidewalk Project with Urban, Ltd. Mayor Colbert called on Christine Horner, Director, Public Works to present the Item for consideration. The following represents a summary of comments by Council. • Town committed to walkability; allow process to play out; • Once approved, money cannot be recovered should Town decide to stay the project; • Approach to sidewalk project has been wrong; Money should be redirected to securing sidewalks in the center of Town; Sidewalk on Hillcrest doesn’t make sense; Additional information needed on plans to save trees prior to decision; • Virginia Code mandates municipalities to have plans in place to meet present and future needs and resources that promote the health and wellbeing of residents; Sidewalks are a safety issue; • There is a moral imperative to balance the environmental needs of the community with the needs of the residents; • Current replacement trees are two-inch diameter; More acceptable to residents if replacement tree is larger; Arborist advised that the smaller the tree the higher the long term success of survival; Town of Vienna Page 8 Printed on 4/26/2023 Town Council Meeting Meeting Minutes April 10, 2023 • Homeowner has option to sign easement to allow Town to build sidewalk around trees; • Safety is the top priority of the Town; Sidewalks will serve the entire Vienna community. Mayor Colbert called for a motion. A motion was made to approve the spending of $72,950.00 with Urban, Ltd. to perform final engineering design of the Robinson Trust Sidewalk Project on the west side of Hillcrest Drive, SW (even numbered addresses), from Meadow Lane to Kingsley Road. Motion, Council Member Somers; second, Council Member Potter. Motion carried in a 6-1 vote. Councilmember Patel voted nay. A motion was made by Council Member Somers, seconded by Council Member Potter, that the Action Item be approve. The motion carried by the following vote: Aye: 6- Council Member Anderson, Council Member Brill, Council Member Potter, Council Member Somers, Council Member Springsteen and Council Member Colbert Nay: 1- Council Member Patel B. 23-3701 Request to approve 1) boundary line adjustment between two subdivisions, and 2) consolidation of parcel 0393 25 0024, also known as 405 Onondio Circle, SE, and parcel 0393 03110009b (no address), both of which are zoned RS-12.5 Single-Family Detached Residential. Mayor Colbert called on Andrea West, Zoning Administrator, to present the Item for consideration. It was moved that Town Council: 1) Approve the boundary line adjustment as proposed by the applicant, resulting in parcel 0393 03110009B becoming part of section three of the Oak Grove subdivision, and 2) Approve the lot consolidation of parcels 0393 03110009B and 0393 25 0024, which is 405 Onondio Circle, SE, to become a new and larger parcel that will be known as 405 Onondio Circle, SE. Motion, Council Member Springsteen; second, Council Member Potter. Motion passed unanimously. A motion was made by Council Member Springsteen, seconded by Council Member Somers, that the Action Item be approve. 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 8. Meeting Adjournment Mayor Colbert called for a motion to adjourn at 10:05 PM. Motion, Council Member Patel; second, Council Member Springsteen. . This meeting was adjourned Town of Vienna Page 9 Printed on 4/26/2023 Town Council Meeting Meeting Minutes April 10, 2023 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. 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