Town Council Meeting

Charles A. Robinson Jr. Town Town of Vienna Hall 127 Center Street South Vienna VA, 22180 Meeting Minutes Town Council Meeting Monday, April 24, 2023 8:00 PM Charles Robinson Jr. Town Hall, 127 Center St. South Invocation: Sr. Rabbi Amy Schwartzman, Temple Rodef Shalom Mayor Colbert called on Sr. Rabbi Amy Schwartzman, Temple Rodef Shalom 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. 23-3733 Acceptance of the Regular Council Meeting Minutes of April 10, 2023 and the Conference Session Minutes of March 24, 2023, March 27, 2023, March 31, 2023 and April 10, 2023. The Regular Council meeting minutes of April 10, 2023 and the Conference Session Minutes of March 24, 2023, March 27, 2023, March 31, 2023 and April 10, 2023 were approved as submitted. 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 opened the floor for comments from the Public. Ray Daly, 305 East St., NE wished to speak on the issue of trees. He noted that many Council may know him from his walks around Vienna, or through his association with the NE Vienna Citizens Association. “Many visitors comment, when coming to Vienna, about the beautiful trees. When Folin Lane was upgraded, hundreds of comments were received regarding the beautiful cathedral trees along the street. Yet today, many right-of-ways are empty of trees. We are a rich Town and we need to be more active with regard to climate change and tree replacement. The Town’s coffers have indirectly benefited from the decimation of the tree canopy in favor of new homes. It’s not necessarily anyone’s fault, it’s just the way it happens. We should be investing money into the replacement of these trees. The Town has the power to do this. We have 100 miles of right-of-way where the Town could be actively planting Town of Vienna Page 1 Printed on 5/16/2023 Town Council Meeting Meeting Minutes April 24, 2023 trees, or helping people replace trees. I suggest an initiative where the Town would plant 100 trees in 100 days. Many other Towns have done this. It’s a benefit because it adds beauty to our Town and also helps fight climate change. We could get volunteer organizations to assist. Young kids involved can then return to Vienna years later and see the tree that they helped to plant. I believe the Town should take the approach of 1000 trees in 1000 days as an investment in its residents today and in future generations”. Avril Garland, 917 Hillcrest Dr. commented on the discussion regarding noise on Mill St. indicating that the issue is difficult due to the zoning of this district and the longevity of many of the industrial type of businesses. She suggested a buffer as a possible means for remediation. Ms. Garland also noted an additional source of noise that Council could help to abate – gas powered leaf blowers, which she believes are anti-business. As a small business owner operating out of her home, she notes interference with her ability to hear clients due to the noise generated by these leaf blowers. The Virginia Code allows for jurisdictional regulation over noise, so she asks that Council step in to regulate these leaf blowers. Ms. Garland also noted that she spoke with the engineers for the sidewalk project on Hillcrest Dr. regarding a compromise. She requested that if, rather than the planned 9 ½ foot sidewalk, it would be possible to reduce the width to 4 feet. This would potentially help save some of the trees and still provide for an ADA compliant sidewalk. The engineers were adamant that they would not accommodate this request. 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) 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) 4. Reports/Presentations A. 23-3686 2023 Arbor Day Proclamation Mayor Colbert read into the record a proclamation declaring April 28, 2023 as Arbor Day in Vienna Virginia. She reminded all of the commemorative tree planting at the Community Center on Friday, April 28, 2023. Council supported the proclamation through a show of hands. A. Report and Inquiries of Council Members Mayor Colbert opened the floor for comments from Council. Council Member Springsteen sought assurance from the Town Manager that recycling information on the website is accurate and up to date. He also addressed the sidewalk project asking residents to allow the process to play out. The Director of Public Works and all Staff have an excellent record of working with residents, and once a sidewalk is complete, most have been very pleased. Council Member Anderson shared that he attended a presentation by Scott Deffenderfer, Town Arborist, regarding tree preservation. The Town is currently completing a tree inventory utilizing geo mapping technology. Among the information this will provide is the location of every existing tree in Vienna and the location where a tree could be planted. This will help the Town meet one of Councils top four priorities – addressing the loss of tree canopy. Town of Vienna Page 2 Printed on 5/16/2023 Town Council Meeting Meeting Minutes April 24, 2023 Council Member Patel addressed a recent social media post regarding Councils discussion of building heights along Maple Avenue. Code currently cites a 35-foot limit and Council is addressing ways to modify this. A 42-foot limit should not be considered status quo; it’s significant. We need to take this slow; it’s a work in progress. Council Member Potter remarked that he spoke with County representatives at the recent Green Expo regarding tree replacement. The County representatives noted that Vienna is eligible to apply for grants through the Fairfax County Tree Preservation and Planting fund. This new initiative will provide funds for tree planting and replacement on public/private land as long as the Town manages the effort. Council Member Somers questioned if there are public hearings planned for addressing the four Council priorities. Town Manager Payton indicated that Code Create has a public hearing planned and the Annex assessment has public engagement built into the process. No public hearings have yet been scheduled for the other two priorities. Council Member Somers urged scheduling public input prior to any action on all four of the priorities. Council Member Brill shared that he attended the Volunteer Reception Ceremony and stressed that one of Vienna’s strengths lies in citizens who are willing to give of their time. B. Report of the Town Manager C. Report of the Mayor Mayor Colbert commented on her attendance at the Volunteer Reception. The Mayors award was presented to A.J. Oskuie, Chairman, ViVa Vienna. She reminded all that this year’s ViVa Vienna is scheduled for Memorial Day weekend. Vienna Elementary Kilometers for Kindness was held April 23, 2023. Mayor Colbert thanked the police department for their participation. Mayor Colbert noted attendance at the Vienna Theatre Companies production of Unnecessary Farce. The play will continue through May 7, 2023 at the Vienna Community Center. Vienna’s Walk on the Hill is scheduled for April 30, 2023 from 2:00 PM- 5:00 PM. Lastly, Mayor Colbert reminded all that there is no Council election this May. Elections will be held simultaneous with the November general elections. Town Attorney Briglia noted that polling places will be the same for both Council and General elections. Council Member Patel reminded all of the 10th annual Taste of Vienna April 29, 2023 from 11:00 AM – 8:00 PM at the Volunteer Fire Department. D. Proposals for Additional Items to the Agenda E. Closed Session Report Town of Vienna Page 3 Printed on 5/16/2023 Town Council Meeting Meeting Minutes April 24, 2023 A. 23-3759 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 24, 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 May 1, 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. It was moved to reappoint Cindy Weinberg to the Conservation and Sustainability Commission for a two-year term. Said term shall be effective May 1, 2023 and expire May 1, 2025. It was moved to reappoint Cathy Hardman to the Pedestrian Advisory Committee for a two-year term. Said term shall be effective May 2, 2023 and expire May 2, 2025. It was moved to appoint Trace McCarty to the Town Business Liaison Committee for a two-year term. Said term shall be effective April 25, 2023 and expire April 25, 2025. Motion, Council Member Somers; second, Council Member Springsteen. 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 Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Council Member Colbert 5. Public Hearings A. 23-3725 Public Hearing on FY2023-24 Proposed Tax Rate Mayor Colbert called the Public Hearing to order at 8:30 PM. All Council were present. Marion Serfass, Director, Finance presented the Item noting that this is an opportunity for the public to provide comment on the proposed real estate tax rate of $0.2025 per $100 of assessed value for fiscal year 2023-24. The State Code of Virginia, section 58.1-3321, requires that a locality calculate the "Lowered Rate Necessary" to generate the same tax levy as the previous year, excluding new construction. This lowered rate for Vienna in FY 2023-24 is $0.1922 per $100 of assessed value. The "equalization rate" is the rate required to generate a levy of 101% of the previous year's tax levy on the same assessed base. The Town of Vienna Page 4 Printed on 5/16/2023 Town Council Meeting Meeting Minutes April 24, 2023 equalization rate is $0.1941 per $100 of assessed value. Per state code, Council may adopt a rate no higher than the equalization rate without holding a public hearing. The proposed tax rate of $0.2025 is $0.0084 higher than the equalization rate; therefore, a public hearing is required. Town Council reviewed the budget during conference sessions on March 11 and 13, 2023. During budget conference sessions, Council expressed a desire to further decrease the real estate tax rate to help mitigate the tax burden on taxpayers due to the increase in real estate assessments. This can be achieved by adjusting certain revenue budgets to reflect recent conditions and by removing a proposed increase to health insurance rates that did not occur. This will lower the rate by an additional $0.0075 (three-quarters of a cent) to $0.1950 per $100 of assessed value. Director Serfass explained that the budget is not equalized due to a desire to be conservative. With no speakers from the public Mayor Colbert called for a motion to close the public hearing. Motion, Council Member Patel; second Council Member Springsteen. Motion carried unanimously. It was moved to approve the fiscal year 2023-24 real estate tax rate at $0.1950 per $100 of assessed value (a decrease of one cent), and the bank net capital rate, residential utility tax rate, and commercial utility tax rate as presented. I further move that the Town Clerk be directed to advertise a Notice of Intent to Adopt at the May 15, 2023 Council meeting. Motion, Council Member Springsteen; second, Council Member Somers. Motion carried unanimously. 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 D of the Consent Agenda. Motion Council Member Patel; second, Council Member Springsteen. Motion carried unanimously. A motion was made by Council Member Nisha Patel, seconded by Council Member Howard J. Springsteen, that 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. 23-3720 Request approval of a Memorandum of Understanding (MOU) between the Town of Vienna and Vienna Business Association for 2023 Oktoberfest. B. 23-3719 Request approval of MOU between the Town of Vienna and Vienna Business Association for 2023 Halloween Parade C. 23-3721 Request approval of Memorandum of Understanding (MOU)between Vienna Little League and Town of Vienna for use of Yeonas Park during the Independence Day Celebration festival and fireworks show. Town of Vienna Page 5 Printed on 5/16/2023 Town Council Meeting Meeting Minutes April 24, 2023 D. 23-3703 Request approval for spending with Bright Construction Group and approval of the amended funding agreement for Tapawingo Road, SW, and Kingsley Road, SW, Traffic Calming Bioretention Project E. 23-3723 Ayito Subdivision (311 Ayito Road, SE) performance bond reduction request. Subdivision approved Nov. 2, 2020 - No associated funding. 7. Regular Business A. 23-3724 Request approval for spending $105,953.35 with Arthur Construction Co., Inc. for construction of Robinson Trust Sidewalk Project on Birch Street, SW Mayor called on Christine Horner, Director, Public Works, to present the Item for consideration. It was moved to approve spending $105,953.35 with Arthur Construction Co., Inc for construction of sidewalk improvements for the Birch Street, SW, project as described in the report. Motion, Council Member Anderson; second, Council Member Springsteen. Motion carried unanimously. A motion was made by Council Member Anderson, 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 Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Council Member Colbert B. 23-3728 Transportation Safety Commission (TSC) motion for Echols Street, SE traffic calming Mayor Colbert once again recognized Director Horner, who in turn called on Andrew Jinks, to present the Item for discussion. Council comments are summarized as follows: • Why three speed tables? Decision based upon recommendation from VDOT; Spacing prevents speed recovery between speed tables; • Why recommend traffic calming measures when 85% of traffic was traveling at 31 MPH or slower in 25 MPH speed zone? If reach 31 MPH threshold than traffic calming measures can be initiated; • Data collected on continuous basis over one-week period; Eighty-five percent of total automobiles counted equaled 3287 automobiles translating to 100 automobiles/day exceeding 31 MPH; • Residents (80%) petitioned for traffic calming measures; • Disabled resident lives at proposed speed table location – suggest consult to determine best location for her; • Noise issues on Kinsley due to different type of traffic calming (speed cushions) and placement. With no further comments, Mayor Colbert called for a motion. It was moved to approve the recommended traffic-calming measures, as presented by the TSC, along Echols St SE. Motion, Council Member Somers; second Council Member Anderson. Motion carried unanimously. A motion was made by Council Member Somers, seconded by Council Member Anderson, that the Action Item be approved. The motion carried by the following Town of Vienna Page 6 Printed on 5/16/2023 Town Council Meeting Meeting Minutes April 24, 2023 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 9:00 PM. Motion, Council Member Patel; second, Council Member Potter. A motion was made by Council Member Nisha Patel, seconded by Council Member Steve Potter, that the meeting be adjourned. 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 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 5/16/2023