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, May 1, 2023 8:00 PM Charles Robinson Jr. Town Hall, 127 Center St. South Invocation: Pastor Daniel Dixon, Redeemer Fellowship, Vienna Mayor Colbert called on Pastor Daniel Dixon, Redeemer Fellowship to provide the evening’s invocation. Pledge of Allegiance to the Flag of the United States of America 1. Roll Call 2. Acceptance of the Minutes: A. 23-3775 Acceptance of the Conference Session minutes of April 17, 2023 Acceptance of the Regular Council meeting minutes of April 17, 2023 were postponed until further review. 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. Duane Errill, 600 Hillcrest Dr., SW requested responses to several questions. 1. “Please post decision criteria used to decide the Robinson Trust Sidewalk projects. Perhaps on the same page as the listing of the current projects. Is there a weighting factor assigned to each of these criteria or are criteria all considered of equal value? What environmental impacts are assessed and considered as part of the total decision criteria, or are environmental impacts, like canopy and concrete heat absorption, considered separately? 2. During the April 10, 2023 Hillcrest Dr., SW project approval vote one Council Member stated that Vienna has a pedestrian safety mandate. Is this a real mandate? If so, when was it adopted and what are specific actions and activities documented as part of this mandate? If it isn’t a formally adopted mandate but rather just good Town policy and practice, how does Council assess pedestrian safety? Are there specific metrics? Is there a rating system? Are all streets and cul-de-sacs assessed equally unsafe? If pedestrian safety is part of the sidewalk decision criteria, mandate or not, it should be quantified and benchmarked. So I ask that you make future sidewalk decision based on objective criteria and make the results of the decision against those criteria transparently shared and posted on the Town of Vienna website”. Charles Davis, 629 John Marshal Dr., NW. “This is a petition related to the fact that the Town ambushed us last Thursday morning. A contractor knocked on our door stating he was there to cut down the trees. We have a large silver maple tree that’s been in our yard as long as we have been in Vienna – 40 plus years. We’ve been taking care of it. The Town did one Town of Vienna Page 1 Printed on 5/16/2023 Town Council Meeting Meeting Minutes May 1, 2023 thing good for the tree – working with the Director of Public Works when the sidewalk was installed they used rubberized asphalt to protect that tree. Shortly thereafter our neighbor passed away and the contractor, who knocked the house down and built a new one, contacted the Town arborist. The arborist said that the tree roots should be cut at the property line (which is about six inches from one side of the tree); [as such] all the roots were cut six inches from the base. It’s been a battle ever since to keep that tree healthy. We’ve invested considerable time, effort and money in doing just that. After the contractor contacted us and said he needed to cut the tree down, I called the Town and Public Works. They passed me to the arborist voice mail, where I left a message. I called the Town Manager and left a message, as well. I never heard from either. I did get a call from the Superintendent of Parks who stated that in his opinion it is a Town tree and we have no say in what’s done with that tree. In his opinion the tree is damaged and needs to be cut down. I said that our arborist (a highly respected arborist in Northern Virginia) doesn’t believe the tree must be cut down. He prescribed specific steps, as he’s done over the years, to save the tree. What I’m asking this Council to do is to override the decision of the Parks department, look at the evidence where an arborist says the tree is not ready to be cut down and allow us to continue to enjoy the tree.” Gwen Latsa, 210 Park Terrace Ct., #59 wanted to address the noise ordinance. “You’ve been in the news for pickle ball, a sport that I like. Because you made that decision, I’d like to point out other noise pollution happening in the area, primarily from gas powered leaf blowers. I live in a condo and work from home. It’s guaranteed that one day each week there is a full day of landscaping noise. I noticed that they are using leaf blowers for just a few grass clippings; completely unnecessary. Maybe you could think about enacting a summertime ban on this equipment. I understand the need for their use in the fall for leaf removal. The true problem is the emissions. I would love to see us do things that are actually good for the environment. One cleanup day doesn’t really do much, but a ban on gas powered leaf blowers would do a lot”. Roy Baldwin, 121 Moore Ave., SE has lived in Vienna since 1978. “The reason we decided to settle here is that I used to drive through Vienna in the 1970’s and thought what a nice little town this was. I’m happy to say that, as recently as yesterday when handing out petitions in an effort to get on the ballot for Town Council, I heard the same sentiment from people much younger than me. I believe that is due in large part, to the active, responsive way that the Council carries out their duties. I have spoken to many of you and particularly to those who have decided that this will be your last term, that, if it is the will of the voters, I will be able to learn from you and be as responsive a member of the Council as you have been.” 4. Reports/Presentations A. 23-3627 Proclamation for the Vienna Wireless Society’s 60th Anniversary Mayor Colbert read into the record a proclamation congratulating the Vienna Wireless Society on their 60th anniversary. B. 23-3772 Proclamation for Professional Municipal Clerks Week Council Member Potter read into the record a proclamation recognizing April 30, 2023-May 6, 2023 as Professional Municipal Clerks Week. C. 23-3771 Presentation of the CSC Sustainability Challenge Awards Town of Vienna Page 2 Printed on 5/16/2023 Town Council Meeting Meeting Minutes May 1, 2023 Mayor Colbert called on Bill Comerford of the Conservation and Sustainability Commission to present the 2023 Challenge awards to include Body Grace Yoga, Vienna Assembly of God, Vienna Vintner, Vienna Presbyterian Church, Hawk & Griffin, Sundown & Rise Up, and Trace the Zero Waste Store. C&C Garage and Roberto’s Ristorante Italiano were recognized as Sustainability Champions. D. 23-3760 Recognizing Businesses During Business Appreciation Month (May 2023) Mayor Colbert called on Natalie Monkou, Director, Economic Development, to present information on Business Appreciation Month. The Economic Development Division and the Town Business Liaison Committee will call attention to this month-long recognition and celebrate the businesses that are being recognized at the first Thrive Awards. This event will honor businesses that have reached their 20 year or more business license anniversary between June 2022 and May 2023. The Bob Leggett Outstanding Service Award will also be presented recognizing an employee of a Town of Vienna business or non-profit for their exceptional service, dedication, and achievements. A. Report and Inquiries of Council Members Mayor Colbert opened the floor for comments from Council. Council Member Potter announced his decision to not run for reelection in November. Council Member Springsteen requested the written report from the arborist for 629 John Marshal Drive, NW. He also reported on the success of Taste of Vienna held Saturday, April 29, 2023 and thanked the departments of Parks and Recreation and Public Works for their efforts. Finally, Council Member Springsteen stated his intent to run for reelection in the Fall 2023. Council Member Anderson noted his appreciation and respect for Council Member Potter’s decision. He indicated that he will run for reelection in November. Council Member Somers inquired about the scheduling of public hearings for each of the four Council priorities. Town Manager Payton indicated that as of this evening there has not been a public hearing scheduled to address either the noise ordinance or tree canopy. However, the tree canopy issue has a multitude of action items and funding that will be expended, so in that regard action is being taken. The Annex currently has a robust public outreach underway, along with citizen engagement. No public hearing has been scheduled, but possibly as the process plays out, one may be forth coming. Code Create, as the process continues, has public hearings planned in the future. Council Member Somers noted that since these four priorities were adopted by Council it is important to allow citizens to stand before Council and state their opinions. Council Member Somers also stated that as the calendar moves closer to the filing deadline he will have a statement regarding a decision to run for another term on Town Council. Council Member Brill applauded Council Members Anderson and Springsteen for their commitment to continue to serve. He also acknowledged and thanked Council Member Potter for his service. B. Report of the Town Manager Town of Vienna Page 3 Printed on 5/16/2023 Town Council Meeting Meeting Minutes May 1, 2023 Town Manager Payton recognized and thanked Council Member Potter for his service. C. Report of the Mayor Mayor Colbert thanked Council Member Potter for his service, noting his dedication. She also thanked Council Members Anderson and Springsteen for their commitment to the Town of Vienna through their decision to run for reelection. Mayor Colbert thanked all for the opportunity to serve and announced her decision to run for reelection in November 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 May 1, 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 June 5, 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 Loginn Kapitan to the Transportation and Safety Commission for a two-year term. Said term shall be effective June 18, 2023 and expire June 18, 2025. Motion, Council Member Somers; Second, Council Member Springsteen. Motion carried unanimously. Mayor Colbert called for a recess at 9:00 PM. Council meeting resumed at 9:05 PM. 5. Regular Business A. 23-3727 Approve 2023 Capital Improvement Plan (CIP) Mayor Colbert called on Marion Serfass, Director, Finance to present the Item for consideration and discussion. A motion was made to adopt the Capital Improvement Plan for 20023 as presented. Motion, Council Member Springsteen; second, Council Member Somers. Town of Vienna Page 4 Printed on 5/16/2023 Town Council Meeting Meeting Minutes May 1, 2023 Mayor Colbert opened the floor for discussion. Council comments are summarized as follows: • The Long Range Transportation plan was moved to 2026 to accommodate other more immediate issues; • Capital Improvement Plan was approved prior to ARPA fund availability, once funds became available some projects were moved forward; Decision made to not borrow funds in 2024 resulting in many of those projects being pushed; • Can discuss rebalancing pushed projects (i.e. Meadow Lane Softball project) in September; • Logic is to use ARPA funds now in hopes that interest rates will decline in future; • Total dollars planned for tree improvement equals $481,855; • CIP covers approximately $90 M in long term expenditures (up to 2038); CIP is not a commitment to spend but rather a planning document. With no further comment from Council, Mayor Colbert called for a vote on the Item. Motion passed unanimously. B. 23-3734 Approve 2023 ARPA Reallocation Plan Mayor Colbert once again called on Director Serfass to present the Item. It was moved to approve the reallocation of ARPA projects as presented. Motion, Council Member Somers; second, Council Member Springsteen. Motion carried unanimously. C. 23-3740 Request approval for spending $83,445 with LSG Landscape for Maple Avenue & Church Street Streetscape landscape design Mayor Colbert called on Leslie Herman, Director, Parks and Recreation to present the Item for discussion and consideration by Council. Director Herman introduced Connie Fan, President, LSG Landscape Architects. A motion was made to approve the spending of $83,445 with LSG Landscape for Maple Avenue and Church Street Streetscape landscape design as indicated in this report. Motion Council Member Anderson; second, Council Member Springsteen. Motion carried unanimously. 6. Meeting Adjournment Mayor Colbert called for a motion to adjourn at 10:15 PM. Motion, Council Member Somers; second, Council Member Anderson. . 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 5 Printed on 5/16/2023