Town Council Meeting

Town of Vienna Charles A. Robinson Jr. Town Hall 127 Center Street South Vienna VA, 22180 Meeting Minutes - Final Town Council Meeting Monday, January 29, 2024 7:30 PM Charles Robinson Jr. Town Hall, 127 Center St. South Invocation: Mercury Payton, Town Manager Mayor Colbert called on Mercury Payton, Town Manager, Town of Vienna 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. 24-4250 Acceptance of the Regular Meeting Minutes and Conference Session Minutes of January 2, 2024 and January 8, 2024 The Regular Meeting Minutes and Conference Session Minutes of January 2, 2024 and January 8, 2024 were accepted as presented. A. 24-4250 Acceptance of the Regular Meeting Minutes and Conference Session Minutes of January 2, 2024 and January 8, 2024 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. Roxanne Paul, 1104 Trowbridge Ln, SW I live on a one-acre lot with two thirds of the lot preserved as native forest. I have lived in the Town of Vienna since 1984. I am speaking this evening regarding Option 1 of the Tree Preservation Ordinance proposed by Brian Land and Christina Caplan. I’ve been a studier and lover of trees my entire life. I hold a BS in Natural Resources from Cornell University and a MS in Natural Resources from Virginia Tech University and am a former National Park Services Ranger. I want to speak specifically about the Option 1 plan that gives reduced credits to developers for trees that are either nonnative or subject to disease. I was pleased to see that the Town Council recommended this part of Option 1 in December. So often we see towering native trees like oaks, tulip and beach trees removed by developers and replaced with crepe myrtle, dogwoods and other non-natives. I would propose that the adopted ordinance go one step further and provide no credit for invasive tree species such as pyrus calleryana (Callery Pear) and tree of heaven. Invasive species such as these quickly spread to neighboring yards or open land where they crowd out the native species that provide ecological services such as wild life habitat. I recall from an earlier meeting this month that the Town Arborist, Jeremy Edwards, is creating a list of acceptable trees. Perhaps invasives are already banned from developer planting, but I felt it was worth making the gesture in case they were not. I would be honored to sit on the future tree commission, as I believe my expertise Town of Vienna Page 1 Printed on 3/8/2024 Town Council Meeting Meeting Minutes - Final January 29, 2024 would be of value. Steve Karp, 116 Cherry Circle I am here this evening speaking as a representative of my neighbors regarding the Annex site. I wish to follow-up on a proposal sent to Town Council. We understand that it is not yet know how the space will be used in either short or long terms. We also understand that the space belongs to the entire community and we want to see it used in a way that is beneficial and enjoyable for all. At the same time, we don’t want it to be intrusive or disruptive to those who live closest and would be impacted greatest. Neighbors around the Annex have only know a very quiet church and a quiet police station. We just want to be confident that this significant change of use will not significantly change the enjoyment of our homes. The proposal therefore presents ideas that we thought would be beneficial/enjoyable for the community while also avoiding [potential problem causers] such as frequent and continual noise and lights. Finally, I would like to particularly thank Leslie Herman for keeping us informed about the process, and the Town Council for their time. Bill Dorn, 103 Harmony Dr., SW I wish to address the sidewalk project this evening. First, I’d like to say that we do value the effort toward making the Town more walkable. We are a group of neighbors from Lullaby Lane and Harmony Circle. We received a flyer and saw the surveyors but no one really knew that we were under consideration [for a sidewalk]. We were unable to find any information on the Town website or in any published documentation. It appears that the primary criteria are the amount of traffic, connectivity and safety. On my street we have about ten cars each day, so I’m just trying to determine how these streets were selected and [where we might have been able to see this information], and going forward when we get to design issues, how can we interact with the process. Town Manager Payton stated that Christine Horner, Acting Director, Public Works, is present to discuss concerns. Mayor Colbert noted that emails are also welcome. Stuart Stein, 907 Lullaby Lane, SE I have lived in Vienna for twenty years and run a water resources engineering policy and planning firm. I also coach lacrosse at James Madison High School. When sidewalks were installed on the opposite side I called Public Works to ask about traffic count and number of walkers. We do a lot of risk management studies and [I am fairly well versed in this area]. There aren’t many cars in this area nor are there many walkers, so there’s very little risk involved. You have design criteria related to impervious surface on lots, so there doesn’t seem to be a need, and you’re looking for opportunities to put in, what I think, is unnecessary impervious surface. That may not be the case but I have not seen any justification for sidewalks. Thank you. 4. Reports/Presentations A. 24-4222 7:40 p.m. to 7:50 p.m. - Green Hedges Dragons Middle School Co-Ed League Soccer Championship recognition Mayor Colbert recognized the Green Hedges Middle School Co-Ed Soccer team for their championship success. B. 24-4194 7:50 p.m. - 8:20 p.m. - Town Wide Survey Results Town of Vienna Page 2 Printed on 3/8/2024 Town Council Meeting Meeting Minutes - Final January 29, 2024 Mayor Colbert called on Karen Thayer, Public Information Director, to present the Item. Director Thayer introduced Steven Vickers, Survey Associate, POLCO to present a summary of the findings. He responded to questions on research design and methodology especially as it related to sampling. Results of the survey will be used to help inform future Town government decisions that affect the community. A. Report and Inquiries of Council Members Mayor Colbert opened the floor for comments from Council. Council Member Springsteen noted the general unhappiness among residents with the proposed Tysons Corner casino. Mayor Colbert and Council Member Anderson have been very active on the Town’s behalf. He also indicated that as he researched information on the sidewalk project it appears that the sidewalk project chart is not up-to-date. Council Member Allen wished to mention that she is on Council as a representative for those individuals’ voices not being heard. Projects which need attention include: 1) Mental health; 2) Responsiveness to the community; 3) Issues related to the elderly. Council Member Anderson reported on today’s meeting with State Senators regarding Senate Bill 675 - the casino bill, noting specifically the positive reception. He urged the Town of Vienna to organize their opposition efforts. B. Report of the Town Manager Town Manager Payton introduced the newly hired Director of Public Works, Brad Baer. The Strategic Plan process is set for March 11, 2024 and March 16, 2024. The early discussion scheduled for January 31, 2024 has been canceled for lack of a facilitator. Marion Serfass, Director, Finance has tentatively secured a facilitator for an agreed upon date of March 7, 2024. The annual Virginia Municipal League (VML) meeting will be held on Thursday February 1, 2024 at the State Capital in Richmond, VA. Participants from Vienna include Town Council Members and numerous Town officials. A brief discussion was held regarding rental of a van for transport. It was determined that the use of carpooling will continue as in the past. Town Manager Payton provided a summary of the events to be held during this meeting and the value to the Town of Vienna. C. Report of the Mayor Mayor Colbert stressed that the casino project is of significant importance to the entire Town of Vienna. She thanked Council Member Anderson for his efforts on behalf of the Town and Council for their opposition to the bill. Mayor Colbert further reviewed all efforts taken through the Office of the Mayor to address this issue and announced a planned Town Hall where Delegate Seibold will be in attendance. She encouraged all residents who oppose the building of a casino in the county to write to their congressman. Mayor Colbert reiterated the value of the VML meeting in Richmond, VA. and the benefits to the Town. Town of Vienna Page 3 Printed on 3/8/2024 Town Council Meeting Meeting Minutes - Final January 29, 2024 Appreciation was extended to Christine Horner, former Acting Director, Public Works. D. Proposals for Additional Items to the Agenda E. Closed Session Report A. 24-4251 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 January 29, 2024 in accordance with Virginia Code, Section 2.2-3711(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 later this date, January 29, 2024 at the conclusion of the regular meeting in accordance with Virginia Code, Section 2.2-3711(7), in consultation with legal counsel and briefings 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. Motion, Council Member Ramakis; second, Council Member Springsteen. Motion carried unanimously. It was moved that Beth Eachus be reappointed to the Transportation Safety Commission for a two-year term. Said term to be retroactively effective from 1/10/2024 and expire on 1/10/2026. It was moved that Jen Morrow be reappointed to the Town Business Liaison Committee for a two-year term. Said term to be retroactively effective from 1/25/2024 and expire on 1/25/2026. It was moved that Gloria Runyan be reappointed to Historic Vienna, Inc. for a two-year term. Said term to be retroactively effective from 11/24/2023 and expire on 11/24/2025. It was moved to appoint John O’Keeffe to the Board of Architectural Review to complete the term of Roy Baldwin. Said term to be effective 1/30/2024 and expire 2/7/2025. And it was further moved that the following member of Council be appointed to the specified local committee for fiscal year 2024-2025: Fairfax County Economic Advisory Commission – Council Member Sonya Allen. Motion, Council Member Ramakis; second, Council Member Springsteen. Motion carried unanimously. A motion was made by Ramakis, seconded by Springsteen, that the Action Item be approved. The motion carried by the following vote: Town of Vienna Page 4 Printed on 3/8/2024 Town Council Meeting Meeting Minutes - Final January 29, 2024 5. Consent Agenda A motion was made to approve the consent agenda as presented. Motion, Council Member Brill; second, Council Member Springsteen. Motion carried unanimously. Mayor Colbert called for a recess at 8:42 PM. Meeting resumed at 8:48 PM. A. 24-4229 8:20 p.m. - 8:25 p.m. - Request to Direct the Town Clerk to advertise a Notice of Intent to Adopt the Minor Amendments to the Town Code (Change Time of Council Meetings to 7:30 p.m.) and approve a resolution to set the start time for all regular Town Council meetings for all Town Council 2024 Regular and work session meetings to start at 7:30 p.m.” A motion was made that the Action Item be approved on the Consent Agenda. The motion carried by the following vote: B. 24-4230 Request to direct the Town Clerk to advertise a Notice of Intent to Adopt proposed changes to Town Code §2-19 to reflect a change of the name “Conference Session" to “Work Session .” A motion was made that the Action Item be approved on the Consent Agenda. The motion carried by the following vote: C. 24-4197 Approve Spending with McGuire Woods as Bond Counsel for 2023 and 2024 Debt Issuances Meeting went into Recess Meeting Reconvened Meeting went into Recess Meeting Reconvened A motion was made that the Action Item be approved on the Consent Agenda. The motion carried by the following vote: 6. Regular Business D. 24-4249 8:25 p.m. - 8:55 p.m. - Town Council Priorities Mayor Colbert noted that results from the Town Survey will help to shape priorities for the year. A motion was made to approve, as 2024 Town Council priorities, the Park Master Plan, Tree Canopy, Housing Diversity and Updates to the Zoning and Subdivision Code - Follow-up to Code Create, with the understanding that each will have different completion dates. It was further moved that as one priority is completed; a new priority will be selected to keep the number of active priorities at four. While Town of Vienna Page 5 Printed on 3/8/2024 Town Council Meeting Meeting Minutes - Final January 29, 2024 working on these four priorities, the Council will also continue to consider other matters as necessary and appropriate. Motion, Council Member Springsteen; second, Council Member Brill. Motion carried unanimously. A motion was made by Springsteen, seconded by Brill, that the Action Item be approved. The motion carried by the following vote: B. 24-4216 8:55 p.m. - 9:40 p.m. - Request for approval of final plat for subdivision of two lots into three lots at 445 and 447 Courthouse Rd SW in the RS-16, Single-Family Detached Residential zone. Mayor Colbert called on David Levy, Director, Planning and Zoning to present the Item for consideration. He introduced Maggie Costello, Principal Planner, to further assist with the discussion. Comments from Council are summarized as follows: • Presented plat meets Code but the lot configuration is highly irregular; The three irregular lots evolved due to attempt to maximize tree preservation, minimize impact with traffic and negate need to request variance; • Unable to meet Code if all three lots fronted Courthouse; Possible to request a variance to achieve this; • Right of Way access dependent on private road; There is no provision for the Town to maintain a private road; Must be maintained by property owners; • No requirement for a public hearing; Planning and Zoning requested comments from the public (available in the Planning Commission minutes); • Should Council move to disapprove this application it must state which state code provisions are offended by this request; Rely on Planning Commission for recommendation; • Narrow side of lot is considered the front of the lot when determining frontage on public street; • Easement continuation is present on the Plat; • To assure due diligence, Council requested review of all submitted comments from residents prior to a vote. A motion was made to defer vote of the proposed final plat for a three-lot subdivision of the property located at 445 and 447 Courthouse Rd SW until February 5, 2024. Motion, Council Member Baldwin; second, Council Member Springsteen. Motion carried unanimously. A motion was made by Baldwin, seconded by Springsteen, that the Action Item be deferred. The motion carried by the following vote: A. 24-4198 9:40 p.m. to 9:55 p.m. - Increase Appropriation to Tyler Technologies to Move Software to the Cloud Mayor Colbert called on Marion Serfass, Director, Finance to present the Item. A motion was made to increase the appropriation for Tyler Technology software by $23,210 to move software to the cloud for a total fiscal year expenditure of $137,970 from the following accounts: 100-102-1024-11241-43302 - $3,140 500-501-0000-50113-43302 - $20,070. Town of Vienna Page 6 Printed on 3/8/2024 Town Council Meeting Meeting Minutes - Final January 29, 2024 Motion, Council Member Anderson; second, Council Member Springsteen. Motion carried unanimously. A motion was made, seconded by Springsteen, that the Action Item be approved. The motion carried by the following vote: C. 24-4220 9:55 p.m. to 10:35 p.m. - Approve ARPA and CIP Reallocation Mayor Colbert once again recognized Marion Serfass, Director Finance to present the Item. Council comments are summarized as follows: • The restrooms at the Town Green will not be completed during this year; • Maple Avenue Streetscape fencing can be completed by the 2024 Halloween Parade; • Question the need for Streetscape project; • Request complete budget for Streetscape project prior to further commitment of funds; • Request identification of other projects that might be in consideration for the requested funds. A motion was made to defer the reallocation of CIP and ARPA funds until such time as the requested information has been reviewed. Motion, Council Member Springsteen; second, Council Member Ramakas. Motion carried unanimously. A motion was made by Springsteen, seconded by Allen, that the Action Item be deferred. The motion carried by the following vote: Second Closed Session A. 24-4252 10:35 p.m. - 10:55 p.m. - Second Closed Session Report It was moved that a second Closed Session was held this date, January 29, 2024 at the conclusion of the regular meeting in accordance with Virginia Code, Section 2.2-3711(7), for consultation with legal counsel and briefings 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. 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, February 5, 2024 at 6:30 PM in accordance with Virginia Code, Section 2.2-3711(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 Ramakas; second, Council Member Baldwin. Motion carried unanimously. A. 24-4252 10:35 p.m. - 10:55 p.m. - Second Closed Session Report Town of Vienna Page 7 Printed on 3/8/2024 Town Council Meeting Meeting Minutes - Final January 29, 2024 7. Meeting Adjournment Mayor Colbert called for a motion to adjourn at 9:50 PM. Motion, Council Member Brill; second, Council Member Springsteen. 7. Meeting Adjournment 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 3/8/2024