Town Council Meeting

Town of Vienna Charles A. Robinson Jr. Town Hall 127 Center Street South Vienna VA, 22180 Meeting Minutes Town Council Meeting Tuesday, June 20, 2023 8:00 PM Charles Robinson Jr. Town Hall, 127 Center St. South Invocation: Councilmember Ray Brill Mayor Colbert called on Council Member Ray Brill to provide the evening's invocation. Pledge of Allegiance to the Flag of the United States of America 1. Roll Call Present: 6- Council Member Chuck Anderson, Council Member Ray Brill Jr., Council Member Nisha Patel, Council Member Steve Potter, Council Member Ed Somers and Mayor Linda Colbert Absent: 1- Council Member Howard J. Springsteen 2. Acceptance of the Minutes: A. 23-3879 Acceptance of the Regular Council Meeting Minutes of June 5, 2023. The Regular Council Meeting Minutes of June 5, 2023 were approved with corrections. A. 23-3879 Acceptance of the Regular Council Meeting Minutes of June 5, 2023. Aye: 6- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers and Mayor Colbert Absent: 1- Council Member Springsteen 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. Dr. Maryam Dadkhah, 8321 Old Courthouse Rd, Suite 215, wished to bring attention to the high population of white tailed deer in Vienna, which adversely effects public safety, health and the ecological balance of the Town’s natural resources. The sport hunting community, recreational nature lovers, residential property owners, wildlife biologist and managers, environmental preservationists and animal rights groups have widely differing viewpoints on this issue. However, most residents inside and on the border of the Town of Vienna recognize the need to take action due to the numerous and severe impacts of the overabundance of deer. The population of deer that a healthy ecosystem can support without damage to the native plant community and other animal species that these plants support is estimated to be 10-25 deer per square mile in a suitable habitat. If we can reduce the deer population, effectively, the overall health of the herd, the general habitat and its ability to regenerate, will be restored. In addition, the risk of deer and vehicle collision and the destruction of Town of Vienna Page 1 Printed on 7/11/2023 Town Council Meeting Meeting Minutes June 20, 2023 property will be lowered. The Town of Vienna, with an area of 4.4 square miles might be able to tolerate 40-50 deer at any given time. In Wildwood Park in SE Vienna, the 15.7 acres behind Navy Federal Headquarters, on any given day, one can count at least 26 deer (even in the middle of the day). The ongoing assault to the Town and public property is hard to estimate, but the lack of trees, damage to newly planted trees and plants, and the ever present growing varieties of invasive plants, is unsustainable. In addition, Dr. Dadkhah personally spotted two deer carcasses on Maple Avenue in the Town of Vienna in the past two months. She is suggesting that the Town Council establish a deer management program similar to that of Fairfax County and volunteers to take the initiative to bring deer management support to Town meetings to explain how it can be done. Also, she would like Council to come see what has been done in the parks to manage deer in that area. Volunteers have planted native trees, plants and shrubs and remove invasives on a weekly basis. David Swink, 500 Walker St., SW Mr. Swink noted that he and his wife walk the trail to Southside Park regularly. Yesterday he encountered Dr. Dadkhah and suggested she come by to see the problems on the other end of the trail. Mr. Swink stated that he would like to bring attention to those problems. Two specific issues require immediate attention. The stormsewer runoff platform has broken apart (over many years). It serves as a bridge for walkers to move from one side to the other. It’s now a trench and nearly impossible to cross. It’s a safety hazard because it is so very narrow and deep. Fifty yards away three trees have fallen in the heavy rains over the past three years. [This has created an obstruction] that causes the creek, in heavy rains, to reroute and wash out the creek bank adjacent to the walking path. The path is used quite frequently by dog walkers and annually to direct foot traffic to the Independence Day fireworks event at Southside Park. While access by truck is not feasible, a bobcat with front and back end loaders could reach the area from Walker St. and carry rocks or broken concrete pieces for bank reinforcement and storm sewer rebuilding. Mr. Swink invites Council Members to come by his home and he will take them through this area. Mayor Colbert noted that Public Works will be made aware of this issue. Avril Garland, 917 Hillcrest Dr., SW. Ms. Garland wished to support the comments from Mr. Swink. The path is quite narrow and on one end is an unsightly pile of rubble. It would be nice to see that cleaned up. Ms. Garland also voiced support for the comments made with regard to the deer population. Further, she recently received a letter from Zoning listing all the repairs that were needed on her property to bring it into compliance. She states that this has been done, but now must deal with the deer. Ms. Garland had improvised a deer fence in an effort to protect her plants in addition to the use of deer spray. Yet this is not really a solution. Her efforts will only force the deer to the next property. So something more must be done. The combination of fencing and pellets helped in her back yard, but now this must be removed because the fencing is against Town Code. It’s very hard for homeowners to defend themselves, so she hopes that the Town will do something. Duane Ralph, 600 Hillcrest Dr., SW, state the earth’s temperature is up 1.5-2%, glaciers are melting at an unprecedented rate, record setting snow, rain, floods, tornadoes, drought and uncontrollable wild fires around the world. This is all mostly human caused and largely in the last 100-125 years. While there have been one of two significant contributors, like man caused carbon emissions, mostly it is the result of millions of project decisions, many small, made over this time period. Town of Vienna Page 2 Printed on 7/11/2023 Town Council Meeting Meeting Minutes June 20, 2023 And all of them, in one way or another, contributing to atmospheric pollution, lost tree canopy, and increased heat retention. Think about this as a scale where the sheer weight of all these projects finally tilted the scale so that the earth, our planet, is in serious trouble. The 29 Robinson sidewalk projects are small, but in combination they all have the same unintended consequences of reducing mature tree canopy and replacing it with three plus miles of heat absorbing concrete. To date there has been no evidence of sidewalk decision criteria reflecting the environmental consequences of these projects. There have been no near term or long term impacts presented, discussed or shared with the public. And one to one tree replacement will take fifty years plus, maybe more, to recover lost canopy. The claim of pedestrian safety is a bit spurious, yet do data, no surveys, no studies. If you really want more pedestrian safety, then increase police enforcement of our speed limits, stop sign rolling and red light violations, and please add more speed humps. Connectivity – between Kingsley and Courthouse there are already four connecting sidewalk streets – Cottage, Plum, Ware and Meadow Lane. Why do we need a fifth one? Why Hillcrest Drive instead of the next street, Fredrick, which at most will have two or three trees impacted; Hillcrest will have sixteen- seventeen mature trees removed. Not every street in Vienna needs a sidewalk. And we don’t need to spend $7 Million just because we can. It takes political courage to vote against a project, even more, knowing that you would be walking away from the already spent design money. But there is no such a thing as free money. It always comes at a cost. Please consider that cost when you vote for the next sidewalk project. And please cancel the Hillcrest Dr. project while you still can. Ken Terrell, 205 Talahi Rd., SE stated that he will be speaking as the Town Liaison for the pickleball community, 130 residents on the email list as well as the residents who are part of the 900 plus members of the Facebook site. This morning Mr. Talahi was on the Town’s pickleball site at 8:00 AM [to reserve a one of the Glyndon Park courts}. However, the site would not allow him to make a reservation until he closed it out and returned. Within seconds all the morning reservations were taken, most likely by the one or two groups that have their members reserve multiple courts at once. Under the current rules they have the right to have Town residents reserve courts. The group Mr. Talahi represents have no problem with reservations, however the all-day reservation schedule locks out most Town residents because most aren’t part of any organized group. By the way, most of the players who make those reservations are not Town residents, but it’s just part of life in Vienna, and our group understands that. The original intent of the current reservation system as proposed at the Town Council meeting, was to create more opportunity for Vienna residents to play. Instead it’s having the opposite effect and, in addition to excluding residents it’s pitting neighbor against neighbor and friend against friend in the scramble for play time. At the most recent Town Council meeting the consensus seemed to be that open play would add crowd noise. Whenever I explain this to players in town they look at me in disbelief. We’re not cheering from the sidelines nor yelling instructions to people on the court or anything close to what goes on at a typical Little League game. Other than the occasional shout of “Next up” or when a ball rolls onto another court, players are engaging in normal conversation. There are no boomboxes or loud speakers. The pickleball community has given a lot to coexist with the neighbors who don’t want pickleball at any time. It was the pickleball community who proposed to change play hours at Glyndon Park from 8:00 AM-8:00 PM to 9:00 AM-7:00 PM, a change appreciated by the neighbors. The pickleball community has also dramatically limited weekly hours from what the Department of Parks and Recreation proposed, additionally helping the department by trying to prevent players from coming onto the courts at off hours. Of course, the Vienna pickleball players are also tax payers who are playing on a Town of Vienna Page 3 Printed on 7/11/2023 Town Council Meeting Meeting Minutes June 20, 2023 public court and are now asking for consideration. Whether reservations are continued or not, the sound will be the same when there are two- four courts in use. The Vienna pickleball community asks that if the Town plans to trial a situation for the next 90 days that the Town consider at least two hours of open play during current hours and keep them consistent. The department of Parks and Recreation had set aside four hours under the former system. Everyone can play during those periods and still reserve courts for most of the day. During the trial, when people see players waiting on the courts, of course there will be noise and there will be complaints. It is strongly encouraged that Council Members spend time with the pickleball players during the drop-in period and perhaps enjoy some time on the courts to experience firsthand what goes on. Under the current rules and regulations that opportunity is highly unlikely. 4. Reports/Presentations A. 23-3862 Tree Inventory Report Mayor Colbert called on Scott Diffenderfer, Urban Arborist, Parks and Recreation, to present the Item for Council consideration. Mr. Diffenderfer introduced T.J. Wood, Direct Field Services, PlanIT Geo, to present results of the Vienna Tree Inventory. Comments from Council included the following: • Are there options for the Town to prevent utility company excess tree pruning and/or tree removal? Utility companies assess trees based upon risk; they are driven by the need to provide power to their customers. The Town lacks the power to influence utility company decisions on tree removal, however staff can continue to engage in conversations with the utility companies and urge replanting of correct species of trees. • Providing the percent of native species in inventory can be accomplished through the existing program. The program also provides a means to identify the location for each specific tree in the Town. • In an effort to calculate total tree canopy and rate of increase or decrease, gaps must be identified such as the exclusion of trees on private property. A phase two of the inventory will capture trees at Northside Park, Wildwood Park and Beulah. The W&OD Trail will not be included as that is non Town property. • One means to identify trees on private property would include a private tree sampling (5-10% of the community) taken from the Right of Way. Numbers can be extrapolated with a plus or minus of 10% deviation. Additionally, a second survey can be conducted using a top down approach which will assist in monitoring the canopy. The current bottom up approach provides data to help measure and manage the canopy. A. Report and Inquiries of Council Members Mayor Colbert opened the floor for reports from Council. Council Member Patel stated that money has been previously set aside for tree maintenance, with a portion ear marked for trimming trees in the Right of Way. She noted that the tree overgrowth in her neighborhood has become a problem and requested that the issue be addressed as soon as possible. Referencing the pickleball issue Council Member Patel questioned why open play was not considered in the schedule. Leslie Herman, Director, Parks and Recreation, responded that it was her decision to maintain the current schedule for an additional three months. Council Member Patel suggested that it might be instructive to trial open play for a few hours one day per week. She additionally Town of Vienna Page 4 Printed on 7/11/2023 Town Council Meeting Meeting Minutes June 20, 2023 suggested providing an opportunity for players to book one hour sessions as an alternative to the two hour reservations. Council Member Potter requested an update on the property at Nutley St. and Maple Avenue. David Levy, Director, Planning and Zoning explained that a notice of violation was issued to the property owner. Planning and Zoning Staff began work with Director Herman, Parks and Recreation and Steve Briglia, Town Attorney, to develop a plan for property clean up. Currently the property owner has initiated clean up. Planning and Zoning Staff are monitoring the progress. Council Member Anderson reminded Council that Liberty Amendments month continues with an educational event set for June 28, 2023 during Library Week and the celebration of the 14th Amendment. A presentation will be given by two Fairfax County librarians, authors of the book entitled “Desegregation in Northern Virginia Libraries”. Additionally, plans for the Patrick Henry Library redesign will be presented. Events will take place at the Vienna Community Center. Council Member Patel requested an update on the property at the corner of Park St. and Church St. Director Levy noted that the property owner has submitted both the demolition permit and the design permit. The Town has yet to receive the tree bond, however the property owner is in contact regularly. Council Member Potter urged his fellow Council Members to stop by Sunrise Assisted Living to view the mural and the outside benches. Trent Chad Brady is the artist. B. Report of the Town Manager Town Manager Payton thanked all who attended the Liberty Amendments Juneteenth celebration on Saturday. He also noted that Senator Mark Warner has committed to seek out bipartisan support to make this a national month long celebration. Town Manager Payton called on Leslie Herman, Director, Parks and Recreation to discuss plans for Independence Day. Director Herman reminded Council that the celebration will take place on July 2, 2023, beginning at 4:00 PM with children’s activities and musical entertainment leading up to the fireworks at 9:30 PM. All events will be held at Yeonas Park. A rain date has been set for July 3, 2023. Town Manager Payton requested an update on Code Create from David Levy, Director, Planning and Zoning. Director Levy commented that two public hearings have been set for July 10 and July 12, 2023. Written comments will be accepted through July 26, 2023. Staff has been distributing information to residents. Two lunch and learns, an open house and visits with all Boards and Commissions are all planned for the upcoming weeks. Town Manager Payton reminded Council of the Independence Day reading of foundational documents associated with Liberty Amendments. Scheduled to begin at 11:00 AM at the Community Center the event will include a round robin reading of the Virginia Declaration of Rights, the Declaration of Independence, the Bill of Rights, the Emancipation Proclamation and the Liberty Amendments. C. Report of the Mayor Mayor Colbert noted that the first Chillin on Church was a success and thanked all departments for their work. She also thanked the members if the First Baptist Town of Vienna Page 5 Printed on 7/11/2023 Town Council Meeting Meeting Minutes June 20, 2023 Church for hosting the Junteenth Celebration. D. Proposals for Additional Items to the Agenda E. Closed Session Report Mayor Colbert called on Council Member Somers to provide the 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 June 20, 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 and the discussion of Council appointments to local committees. 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, July 10, 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 Patel. Motion carried unanimously. It was moved to reappoint Keith Imone to the Planning Commission for a two-year term. Said term shall commence June 21, 2023 and expire June 21, 2025. It was moved to appoint Calle Biles to the Conservation and Sustainability Commission for a two-year term. Said term shall commence June 21, 2023 and expire June 21, 2025. Motion, Council Member Somers; second, Council Member Anderson. Motion carried unanimously. A motion was made by Council Member Ed Somers that this be approved. The motion carried by the following vote: 5. Consent Agenda A motion was made to remove Item 5B (Request approval for spending $240,193.72 with Arthur Construction Co., Inc. for construction of Robinson Trust Sidewalk Projects on Melody Lane SW and Tazewell Road NW) from the Consent Agenda and place it under Regular Business as Item 6D. Motion, Council Member Patel; second, Council Member Anderson. Motion carried unanimously. A motion was made to approve the Consent Agenda, Item 5A, as presented. Motion, Council Member Patel; second, Council Member Anderson. Motion carried Town of Vienna Page 6 Printed on 7/11/2023 Town Council Meeting Meeting Minutes June 20, 2023 unanimously. A. 23-3846 Request approval of three (3) vehicle purchases within the Vehicle Replacement Program (VRP) for FY24. A motion was made by Council Member Patel, seconded by Council Member Anderson, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers and Mayor Colbert Absent: 1- Council Member Springsteen 6. Regular Business A. 23-3874 831 Follin Lane SE - Proposed Use: Storage of Vintage Automobiles in Warehouse in CMP Industrial Park A motion was made that the Town Council support the Certificate of Occupancy for the warehouse use of internal car storage in accordance with the application of Roadhouse Development, LLC, along with the proposed conditions, at the property located at 831 Follin Lane, SE Motion, Council Member Patel; second Council Member Potter. Mayor Colbert recognized David Levy, Director, Planning and Zoning to present the Item for consideration. Also present to answer questions was Lynne Strobel, of the law firm Walsh, Colucci, Lubeley & Walsh representing Roadhouse Development Company, LLC. Questions from Council are summarized as follows: • Proposed use does not fit the list of permitted uses for CMP zone; Council has latitude to approve use not specifically listed; Vintage auto storage is a reasonably compatible usage; • Storage would include approximately 180 automobiles utilizing a lift system; • Oil leakage would be contained through daily controls to include immediate repair; All safety measures set forth by Fire Marshal will be followed; • An interior detailing bay may be operated in the building; Will utilize a third party vendor for detailing services; Detailing vendor will carry water – no site water necessary to accommodate detailing service; • Applicant will not agree to a review of the Certificate of Occupancy after one year due to the significant investment; A permit will be in place to assure that all occupancy requirements are met; • Building has been vacant for a decade; Proposed use similar to former use; Will be OSHEA compliant. Mayor Colbert recognized Council Member Patel, who called the question. The motion carried unanimously. A motion was made that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers and Mayor Colbert Absent: 1- Council Member Springsteen Town of Vienna Page 7 Printed on 7/11/2023 Town Council Meeting Meeting Minutes June 20, 2023 B. 23-3850 Request approval for 2022 Holiday Ornament allocation and Donation to the Vienna Public Art Foundation. Mayor Colbert called on Shelley Kozlowski, Assistant Town Clerk, to present the Item for consideration. A motion was made to approve the allocation of proceeds, in the amount of $5,000.00, from the sale of the 2022 holiday ornament, to the Vienna Public Art Foundation for the support and enhancement of public art in Vienna. Motion, Council Member Patel; second, Council Member Potter. Motion carried unanimously. A motion was made by Council Member Patel, seconded by Council Member Somers, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers and Mayor Colbert Absent: 1- Council Member Springsteen C. 23-3881 Letter to Fairfax County Board of Supervisors Regarding Pickleball Mayor Colbert noted that upon speaking with Hunter Mill County Supervisor, Walter Alcorn regarding contents of the letter, several suggestions for additions were made. She will work with Director Herman to collect the necessary information suggested for inclusion in the letter. A motion was made that Council authorize the Mayor and Town Manager to send the pickleball letter as drafted and with the additional corrections, to the Fairfax County Board of Supervisors and take any other measures they deem fit to advance the request as set forth in the letter. Motion, Council Member Patel; second, Council Member Anderson. Council Member Anderson requested that Council be allowed a review of the contents prior to mailing. Council Member Potter requested that the letter include subject, background and all actions taken to date in order that recipients can fully appreciate what actions have been taken to date. He further indicated that the letter should clearly state what is expected from this request. Motion carried unanimously. A motion was made by Council Member Patel, seconded by Council Member Anderson, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers and Mayor Colbert Absent: 1- Council Member Springsteen B. 23-3849 Request approval for spending $240,193.72 with Arthur Construction Co., Inc. for construction of Robinson Trust Sidewalk Projects on Melody Lane SW and Tazewell Road NW. Town of Vienna Page 8 Printed on 7/11/2023 Town Council Meeting Meeting Minutes June 20, 2023 Mayor Colbert called on Christine Horner Interim Director, Public Works, to present the Item for consideration. It was moved to approve the spending of $240,193.72 with Arthur Construction Co., Inc for construction of sidewalk improvements for the Melody Ln SW project and for the Tazewell Street NW project as described in the report. Motion, Council Member Somers; second, Council Member Potter. Motion passed in a 5-1 vote. A motion was made by Council Member Patel, seconded by Council Member Somers, that the Action Item be approved. The motion carried by the following vote: Aye: 5- Council Member Anderson, Council Member Brill, Council Member Potter, Council Member Somers and Mayor Colbert Nay: 1- Council Member Patel Absent: 1- Council Member Springsteen 7. Meeting Adjournment Mayor Colbert called for a motion to adjourn at 9:55 PM. Motion, Council Member Patel; second, Council Member Anderson. A motion was made by Council Member Nisha Patel, seconded by Council Member Chuck Anderson, that this was adjourn.. The motion carried by the following vote: Aye: 6- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers and Mayor Colbert Absent: 1- Council Member Springsteen 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 9 Printed on 7/11/2023