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, December 4, 2023 8:00 PM Charles Robinson Jr. Town Hall, 127 Center St. South Invocation: Reverend Dr. Anthony Prinsen, Emmanuel Lutheran Church Mayor Colbert called on Reverend Dr. Anthony Prinsen, Emmanuel Lutheran Church to provide the evening’s invocation. Pledge of Allegiance to the Flag of the United States of America 1. Roll Call A motion was made that this was approve. The motion carried by the following vote: 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 Mayor Linda Colbert 2. Acceptance of the Minutes: 23-4124 Acceptance of the Council Meeting Minutes of November 13, 2023 The Regular Council Meeting minutes of November 13, 2023 were approved as presented. 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 23-4096 8:15 p.m. - 8:25 p.m. - Boston Tea Party Proclamation Mayor Colbert read into the record a proclamation declaring December 16, 2023, as the 250th Anniversary Commemoration of the Boston Tea Party. 23-4118 8:25 p.m. - 8:35 p.m. - STARS Award for Alsinia Ervin and Robert Froh Mayor Colbert recognized Christine Horner, Interim Director, Public Works, to present the STARS award to Alsinia Ervin and Robert Froh. The award was received in recognition of outstanding service and dedication to the Robinson Trust Sidewalk project. 23-4121 8:35 p.m. - 9:05 p.m. - Presentation of the 2023 Annual Comprehensive Financial Report (ACFR) Mayor Colbert recognized Steven Barlow, Deputy Director, Finance to present the Item. He introduced Andrew Grossnickle, Robinson, Farmer, Cox and Associates to present the results of the annual audit of Town of Vienna books and records, as Town of Vienna Page 1 Printed on 1/22/2024 Town Council Meeting Meeting Minutes December 4, 2023 required though Chapter 6, section 1 of the Vienna Town Code. Results indicated that the Town of Vienna continues to be fiscally sound. A. Report and Inquiries of Council Members Mayor Colbert opened the floor for comments by Council. Council Member Springsteen extended his thanks to outgoing Council Members Patel, Potter and Somers. Council Member Anderson expressed his pleasure in working with outgoing Council and extended his thanks to their families for their understanding and support. Council Member Patel noted that serving has been an excellent experience and recognized each Council Members contribution to the working of the Council. Council Member Potter also extended his appreciation to the Council, most especially to the Town Manager and Staff. Council Member Somers remarked on how blessed he is to live in this community and thanked Council for the experience. Council Member Brill thanked the outgoing Council Members for their service. B. Report of the Town Manager Town Manager Payton confirmed that as the December 11, 2023 Conference Session has no agenda items it will be canceled. In appreciation for their service and contribution to the Town, Town Manager Payton presented each outgoing Council Member with a signed group photograph. C. Report of the Mayor Mayor Colbert also expressed her appreciation to the outgoing Council Members and presented each with a commemorative plaque. Mayor Colbert noted the successful Turkey Trot held on Thanksgiving and extended her thanks to the Vienna police for keeping the event orderly and safe. Mayor Colbert thanked Staff for a successful 2023 Church Street Stroll. She noted residents’ appreciation of the newly added Christmas tree. 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 December 4, 2023 in accordance with Virginia Code, Section 2.2-3711.A.(1), for discussion or consideration of personnel matters, specifically the annual review of the Town Manager. 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, December 4, 2023 after the Regular Council Meeting, in accordance with Virginia Code, Section 2.2-3711.A.(7), in consultation with legal counsel and also with staff members or consultants, pertaining to actual or probable litigation where such consultation or briefing in an open meeting would adversely affect the negotiating Town of Vienna Page 2 Printed on 1/22/2024 Town Council Meeting Meeting Minutes December 4, 2023 or litigating posture of the public body. Motion, Council Member Somers; second, Council Member Anderson. Motion carried unanimously. This matter was approved 5. Public Hearings 23-4102 9:15 p.m. - 9:30 p.m. - Public Hearing for Issuance of Water and Sewer Debt and Vehicle Line of Credit Mayor Colbert called the Public Hearing to order at 8:45 PM. All Council were present. Marion Serfass, Director, Finance was called on to present the Item for consideration by Council. In accordance with Town Council's review and approval of the 2024 Capital Improvement Plan on October 23, 2023, the Town plans to secure a bank-qualified loan for approximately $8,700,000 for water and sewer infrastructure improvements in December 2023 and a $3,200,000 line of credit in January 2024 for vehicle replacements, for a total of $11,900,000 of new debt. Keeping the 2023 borrowing under $10 million allows the Town to save money on underwriting and interest costs, as issues under $10 million are categorized as "bank qualified debt" under federal regulations. A line of credit is being secured for vehicles due to the current long lead and uncertain delivery dates for vehicles. Water and sewer fees will repay the bank loan, and the general fund and the water and sewer fund will repay the costs of vehicles used in each fund. With no comments from the public Mayor Colbert called for a motion to close the Public Hearing at 8:55 PM. Motion, Council Member Springsteen; second, Council member Patel. Motion carried unanimously. Comments from, and responses to Council included the following; • ARPA funds allocated to water and sewer equaled $5 million; Council should be commended for ability to think and plan for the long term benefit of Vienna in particular with regard to infrastructure improvements; • Interest rate on debt financing will run between 4-5%, bond interest rate would likely be higher than 5%. With no further comments, Mayor Colbert called for a motion. It was moved to approve the bond ordinance entitled “Ordinance Authorizing the Issuance of General Obligation Public Improvement Bonds, Notes or Other Forms of Indebtedness of the Town of Vienna, Virginia” in a principal amount not to exceed $11,900,000; providing for reimbursement to the Town of Vienna, Virginia from bond proceeds; and authorizing the execution and delivery of certain documents related thereto. And it was further moved that the Town Clerk and Bond Counsel be authorized to advertise notice of the adoption of such bond ordinance. Town of Vienna Page 3 Printed on 1/22/2024 Town Council Meeting Meeting Minutes December 4, 2023 Motion, Council Member Patel; second, Council Member Springsteen. Motion carried unanimously. "I move to close the public hearing." And "I further move to approve the bond ordinance entitled 'Ordinance Authorizing the Issuance of General Obligation Public Improvement Bonds, Notes or Other Forms of Indebtedness of the Town of Vienna, Virginia' in a principal amount not to exceed $11,900,000; providing for reimbursement to the Town of Vienna, Virginia from bond proceeds; and authorizing the execution and delivery of certain documents related thereto. And "I further move that the Town Clerk and Bond Counsel be authorized to advertise notice of the adoption of such bond ordinance." Or Other action deemed necessary by Council. Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert 6. Regular Business 23-4072 9:30 p.m. - 10:00 p.m. - Consider Continuing Agreement with Fairfax County to Renovate Patrick Henry Library and Build a Parking Garage and Amending Financial Participation in Project Mayor Colbert called on Marion Serfass, Director, Finance, to present the Item. Comments from Council are summarized as follows; • Consideration of removing one floor of the garage indicated that while cost would be reduced, the reduction would not be proportional; Removing a garage floor would reduce the number of public parking spaces by 14, disqualifying the Town for consideration of an NVTA grant; • County became aware of cost increases in September, 2023; The Town was notified in October, 2023; • Some increases resulting from sustainability issues are not a part of the garage project, so not a part of the increase to the Town. A motion was made to authorize the Town Manager to negotiate an amendment of the Design and Construction Agreement between the Fairfax County Board of Supervisors and the Town of Vienna for Patrick Henry Library for the purpose of increasing the Town’s maximum Town construction payment and provide authority to the Town Manager for that new amount not to exceed $4,790,835 or 19% of construction costs, whichever is lesser, from the account noted above. Motion, Council Member Patel; second, Council Member Springsteen. Additional comments from Council included: • Represents best chance for Town to secure a parking garage; • Reiterate desire that design reflect the style of the Town of Vienna; • Libraries are a critical component of a town; Support the motion but cannot support future cost increases; Contract is a fixed price contract with the County; Town of Vienna Page 4 Printed on 1/22/2024 Town Council Meeting Meeting Minutes December 4, 2023 Vienna pays roughly $130 million in property taxes of which approximately $30 million is to fund regular services; Because of this, Town deserves best possible library and any further cost over runs should be deemed paid in full. Town Manager Payton thanked Fairfax County and the Library Board for allowing this project to be moved forward in the County’s overall plan. With no additional comments, Mayor Colbert called for a vote on the motion. Motion carried unanimously. A motion was made by Council Member Patel, 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 Mayor Colbert 23-4123 10:00 p.m. - 10:15 p.m. - Adoption of Town’s 2024 Legislative Agenda Mayor Colbert called on Town Attorney Briglia to present the Item for consideration. It was brought to Council’s attention that an Item of urgency was added to the agenda. Not all Council were aware of the addition but ranking placed it as number 6. The Item reads as follows; *The Town of Vienna opposes any action to establish, or facilitate the establishment of, any gambling casino in Fairfax County. The Town particularly opposes any such action which would lead to the establishment of a gambling facility in the Tysons area. Any such facility likely would have substantial deleterious effects on the quality of life in Vienna, including increased traffic, additional costs to locally owned independent businesses, and erosion of public morals. *This item was proposed by several Town Council members; the language above was suggested by Council Member Anderson. Council comments included the following; • The added Item represents an immediate threat; must consider moving it up in the ranking; • One site under consideration is the corner of Route 7 and Rt. 123; • Move the Dillon Rule Item out of the top five as it is unlikely to be acted on in this legislative session; • Should retain Item 3 - Permit localities to hold May elections; Local elections simultaneous with State and Federal elections divert attention from the Town; • Recognize this list as a messaging document; • Recommend reconsideration of Item 7- Oppose effort to reduce local land use authority – consider moving to item 4 and dropping qualified immunity to number 7 as it does not represent an actionable item. A motion was made to approve and adopt the 2024 Town of Vienna Legislative Agenda as proposed with the following modifications: Item #1 to remain as Item #1, Item #2 to be replaced by Item #6, Item #3 to be replaced by Item #7, Item #4 to be replaced by Item #3 and Item #5 to be replaced by Item #2. Motion, Council Member Patel; second, Council Member Springsteen. Motion carried unanimously. Town of Vienna Page 5 Printed on 1/22/2024 Town Council Meeting Meeting Minutes December 4, 2023 A motion was made by Council Member Patel, 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 Mayor Colbert 23-4098 10:15 p.m. - 10:30 p.m. - Intent to adopt proposed amendments and reformatting of Code Sections 10-20.1 and 10-44. Mayor Colbert called on Col. Jim Morris, Chief of Police to present the Item for consideration. The question arose referencing violations for barking dogs, to which it was noted the issue will be addressed in another section of Code. It was moved to adopt the proposed consolidation, revisions and reformatting to Town Code Sections 10-20.1 and 10-44, as proposed. Motion, Council Member Springsteen; second, Council Member Patel. Motion carried in a 6-1 vote. A motion was made by Council Member Springsteen, seconded by Council Member Patel, that the Action Item be approve. The motion carried by the following vote: Aye: 6- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Springsteen and Mayor Colbert Nay: 1- Council Member Somers 23-4116 10:30 p.m. - 11:00 p.m. - Consideration of the temporary Right of Entry and Compensation Agreement for Dominion Energy Virginia at 125 Center St., S Mayor Colbert called on Christine Horner, Interim Director, Public Works to present the Item for consideration by Council. Comments by and responses to Council included the following; • The equipment footprint will be smaller than what is on site now; • Relocation was investigated, but no other location was appropriate; • Loss of parking spots is temporary; • Request information regarding emission of electromagnetic radiation, undergrounding, greenery replacement. A motion was made to approve the Temporary Right of Entry and Compensation Agreement with Dominion Energy Virginia and further authorize the Mayor to execute the necessary documents. Motion, Council Member Patel; second, Council Member Springsteen. Motion carried unanimously. A motion was made by Council Member Patel, seconded by Council Member Springsteen, 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 Mayor Colbert 23-4100 11:00 p.m. - 11:15 p.m. - Consideration to Initiate Construction Management Town of Vienna Page 6 Printed on 1/22/2024 Town Council Meeting Meeting Minutes December 4, 2023 Services with Whitman, Requardt and Associates, LLP (WR&A) for Robinson Trust Construction Projects at Beulah Road, NE (Church Street to Ayr Hill Avenue), Lawyers Road, NW (Windover Avenue to West Street), and Tapawingo Road (Park Street, SE, to Plum Street, SW). Mayor Colbert once again called on Christine Horner, Interim Director, Public Works to present the Item. A motion was made to authorize the Town Manager to approve the spending of $171,114.62 with Whitman, Requardt and Associates, LLP (WR&A) to provide CMI services for construction projects at the three locations described in the report. Motion, Council Member Somers; second, Council Member Patel. Motion carried unanimously. Council recessed into Closed Session at 9:45 PM. A motion was made by Council Member Somers, 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 Mayor Colbert 23-4125 Second Closed Session Report Mayor Colbert reconvened the meeting at 9:48 PM and called for the report on the Second Closed Session. It was moved that members of the Vienna Town Council be polled to affirm that a second closed session was held on December 4, 2023 in accordance with Virginia Code, Section 2.2-3711.A.(7), for consultation with legal counsel and briefing by staff in consultation with legal counsel and also by staff members or consultants, pertaining to actual or probable litigation where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body. And it was further moved that the closed session be continued to January 2, 2024 at the conclusion of the Robert’s Rules Training Session, in accordance with Virginia Code, Section 2.2-3711.A.(1), for consideration of personnel matters, specifically for Council appointment to local committees. And it was further moved to continue the Closed Session to January 8, 2024 at 6:30 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. 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 Mayor Colbert 7. Meeting Adjournment Town of Vienna Page 7 Printed on 1/22/2024 Town Council Meeting Meeting Minutes December 4, 2023 Mayor Colbert called for a motion to adjourn at 8:50 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 this was .. The motion failed by the following vote: 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 8 Printed on 1/22/2024