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, February 26, 2024 7:30 PM Charles Robinson Jr. Town Hall, 127 Center St. South Invocation: Rabbi Jeff Saxe, Temple Rodef Shalom Mayor Colbert called on Rabbi Jeff Saxe, 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- Sandra Allen, Chuck Anderson, Roy Baldwin, Ray Brill Jr., Jessica Ramakis, Howard J. Springsteen and Linda Colbert 2. Acceptance of the Minutes: A. 24-4282 Acceptance of the Regular Council Meeting Minutes of January 29, 2024, February 5, 2024 and the Conference Session Minutes of February 5, 2024 and February 12, 2024 Minutes of the Regular Council Meetings of January 29, 2024 and February 5, 2024 and the Conference Sessions of February 5, 2024 and February 12, 2024 were accepted as presented. A. 24-4282 Acceptance of the Regular Council Meeting Minutes of January 29, 2024, February 5, 2024 and the Conference Session Minutes of February 5, 2024 and February 12, 2024 Aye: 7- Allen, Anderson, Baldwin, Brill, Ramakis, Springsteen and 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. Carol Adcock, 113 Kingsley Rd., SE. I’m here tonight to discuss the planned sidewalk projects. There are ten –twelve home owners who are all in agreement that we do not support sidewalks. Among the reasons we do not support the projects include 1) we don’t believe that the money is being used judiciously, as there is already a sidewalk on the opposite side of the street; 2) does the trust pay for all of the additional costs for sidewalks such as engineering cost, tree removal, etc? If my home floods as a result of the geographic changes, will the Town reimburse me for the damages? We have speed bumps along Kingsley, so there is no speed issue even though Kingsley is a through fare for Nutley and Park. We’ve proposed that instead of using the seven-foot easement, the Town use the parking space in front of each home in lieu of the sidewalk being put on the easement. We propose that it be put at the street. This will negate any kind of additional money being spent. Thank you for listening. Town of Vienna Page 1 Printed on 4/2/2024 Town Council Meeting Meeting Minutes February 26, 2024 Linda Belk, 401 Holloway Ct., NE. I am here to talk about conditions at Beulah Rd. Park, specifically the trees. Most of you know that the 16.1 acres deeded to the Town forever for public use is now down to just 8 acres. Gone is the thick woodland that we used to play in as children. We used to cross this park to get to our bus stop on Beulah Rd. It was a joy in the 1970’s to go to that natural woodland. I’m here tonight to ask you to please protect our trees, or at least what’s left of them. Your former Council Member Tom Chittenden in 1991 wrote a letter to then Mayor, Charles Robinson Jr. that was published in the Vienna Times. Entitled “Vienna Trees Needlessly Destroyed” the letter expressed great concern for the treatment of trees at Beulah Rd Park. We met with then Town Manager John Schoeberlein, who indicated that no further clearing would take place. Many letters were sent to Town Council, meetings were held, walk throughs conducted, yet none of the commitments made at that time were honored. The only result was the posting of “No Trespassing” signs to keep us out so we could no longer clear the invasives. The NEVCA (Northeast Vienna Citizens Association) was formed in 1995. In September of 2003 NEVCA adopted a resolution to work with the Town via a task force to determine a long term use for the park. The recommendation was presented to Town Council in October 2003. I feel that this Council should be very concerned that the invasives have still not been removed and that the condition of the remaining trees is dire. I’m here to ask that you please restore our natural woodland. Lee Gionanniello, 317 Broadleaf Ct., NE. I’d like to follow up on the last speaker’s remarks and share several photographs of the tress at Beulah Rd. Park as well as Northside Park. I’d also like to thank Leslie Herman, Director, Parks and Recreation for walking with me through the park. We also looked at the stream erosion that should be a cause for concern. Ironically, this is National Invasive Species Awareness Week, which points to the fact that this is more than a Vienna problem, it is a problem across the entire United States. We need to do our part so we can rid ourselves of this problem. Removing the invasive vines stops the leaching of nutrients and the strangling of the trees. We need to protect our trees and our park. Sandy Shinn, 511 Kibler Circle, SW. I want to dovetail with some of the things others have said this evening. We are about to have a new tree ordinance that will hold builders accountable for preserving mature trees in our Town. I believe the town should be holding themselves to the same standard. As you do Town work, such as installing sidewalks, you should be trying to preserve trees wherever possible. One example is in the Northeast; is it really necessary to have sidewalks on both sides of Beulah Road if it means removing so many mature trees? Right now the sidewalk on Tapawingo between Park and Cottage is under development. What worries me is the beautiful tree at 106 Tapawingo that would merit a Heritage Tree designation, if we had such a designation. Will the sidewalk damage the roots of this tree? So we really need to pay attention to what we are doing to the trees as we install the sidewalks. Another concern is the space [that is the Annex]. There are a number of mature trees on this site. It is important to tell the architect that we want to save those trees. Lastly there are a number of trees on Town property that are being strangled by vines. The Town could enlist volunteers to complete as much of the work [removing these vines] as possible. Please, hold yourselves to the same standards [as developers]. 4. Reports/Presentations Town of Vienna Page 2 Printed on 4/2/2024 Town Council Meeting Meeting Minutes February 26, 2024 A. Report and Inquiries of Council Members Mayor Colbert opened the floor for comments from Council. Council Member Springsteen noted that property assessments were received and wished to make certain that information was available to all residents. Director Serfass will pass the request to Karen Thayer, Director of Public Information. Council Member Springsteen also remarked on the building application coming from Green Hedges School. David Levy, Director, Planning and Zoning indicated that an application is in the works. Council Member Allen acknowledged African American month and recognized the work of Cathy Hudgins as the first African American to sit on the Fairfax County Board of Supervisors. Council Member Allen also wanted to remind all citizens in the Town of Vienna of their right to freely express their opinions. Council Member Brill wished to reiterate earlier expressed concern about the Beulah Rd Park. He urged the Town to act quickly to save and protect these trees. B. Report of the Town Manager Town Manager Payton introduced Leslie Herman, Director, Parks and Recreation to present changes to the Vienna Rotary proposal request for Viva Vienna 2024. An earlier request for a brew fest time extension on May 27, 2024 has been withdrawn due to conflicts with prior planned Memorial Day Ceremony events. The serving of beer will begin on May 27, 2024 following the conclusion of this ceremony. Town Manager Payton noted that discussion of the Strategic Plan is scheduled for March 7, 2024 at 6:00 PM. The discussion will be facilitated by James Patteson, Blue Heron. Director Levy requested that Council complete and submit the survey by COB 2/27/2024. The Budget Committee will rank the new initiatives prior to the first budget session, as requested by Council. C. Report of the Mayor Mayor Colbert reported that the Fairfax County Library Board has voted to rename the Patrick Henry Public Library the Vienna-Carter Library in honor of William and Lillian McKinley Carter. Pancakes with the Planning Commission will be held Saturday, March 2, 2024 at the Vienna Fire Department from 10:00 AM-12:00 PM. 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 February 26, 2024 at 6:30 PM in accordance with Virginia Code, Section 2.2-371a(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 Town of Vienna Page 3 Printed on 4/2/2024 Town Council Meeting Meeting Minutes February 26, 2024 Resolution. And it was further moved that the Closed Session be continued to Monday March 4, 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 Ramakas; second, Council Member Springsteen. Motion carried unanimously. It was moved that Kate French be appointed to the Transportation Safety Commission for a two-year term. Said term to be effective 2/27/2024 and expire 2/27/2026. It was moved that Bob Marsh be appointed to the Town Business Liaison Committee for a two-year term. Said term to be effective 2/27/2024 and expire 2/27/2026. Motion, Council Member Ramakis; second, Council Member Springsteen. A motion was made by Jessica Ramakis, seconded by Howard J. Springsteen, that this was approved.. The motion carried by the following vote: Aye: 7- Allen, Anderson, Baldwin, Brill, Ramakis, Springsteen and Colbert 5. Consent Agenda - 7:45 p.m. - 7:55 p.m. A motion was made to accept the Consent Agenda as presented. Motion, Council Member Anderson; second, Council Member Ramakis. Motion carried in a 7-0 vote. A motion was made that this was approved.. The motion carried by the following vote: Aye: 7- Allen, Anderson, Baldwin, Brill, Ramakis, Springsteen and Colbert A. 24-4244 Request approval of memorandum of understanding (MOU) between the Optimist Club of Greater Vienna and Town of Vienna for use of the Vienna Community Center parking lot for the 2024 Vienna Farmers Market "I move to authorize the mayor to execute an MOU between the Town and Optimist Club of Greater Vienna for the 2024 Vienna Farmers Market." Or Other action deemed necessary by Council. B. 24-4280 Intent to Adopt proposed changes to Town Code §2-19 to reflect a change of the name “Conference Session" to “Work Session.” "I move to Adopt proposed changes to Town Code §2-19 to reflect a chance of the name “Conference Session" to “Work Session,” and I further move to direct the Town Clerk to advertise a Notice of Adoption.” Or Other action deemed necessary by Council. C. 24-4281 Intent to Adopt the Minor Amendments to the Town Code (Change Time of Town of Vienna Page 4 Printed on 4/2/2024 Town Council Meeting Meeting Minutes February 26, 2024 Council Meetings to 7:30 p.m.) and approve a resolution to set the start time for all regular Town Council Meetings to 7:30 p.m. 6. Regular Business A. 24-4268 7:55 p.m. - 8:10 p.m. Consideration to Initiate Final Design of Robinson Trust Sidewalk Projects at Johnson Street, SW, Saint Andrews Drive, NE, Saint Bernard Drive, NE, Ridge Road, SW, and Frederick Street, SW. Mayor Colbert called on Brad Baer, Director, Public Works to present the Item for consideration. Comments by Council are summarized as follows: • Reiterated that Public Works Staff will continue to work with affected residents regarding tree accommodation, etc; • Reiterated that any tree removed would be replaced through Robinson Sidewalk funds. A motion was made to authorize the Town Manager to apply to the Maud Robinson Trust to Initiate Final Design of Robinson Sidewalk Projects on the following streets: • Odd numbered addresses (west side) of Johnson Street SW from Glen Ave to End of street • Even numbered addresses (south side) of Saint Andrews Drive NE from Maple Ave to Westbriar Dr • Even numbered addresses (south side) of Saint Bernard Dr NE from Maple Ave to Westbriar Dr • Even numbered addresses (south side) of Ridge Road SW from Hillcrest Dr to Frederick St • Even numbered addresses (west side) of Frederick Street SW from Tapawingo to Kingsley Rd And to approve the spending of $150,250.00 with Urban, Ltd to prepare the Final Design of the subject projects. Motion, Council Member Springsteen; second, Council Member Anderson. Further discussion included concern with the inclusion of Johnson Street on the list to receive sidewalks. Among those concerns were the following: • Isolated subdivision with no through streets; • Not part of the initial scope of the Robinson Trust sidewalks; • Of the six residents on selected side of Johnson Street, Town received opposition emails from three residents; • Engineering studies indicate a need for retaining walls up to 30 inches high; • Point of Robinson Trust is to put sidewalks in to fill in gaps-this would be the only sidewalk in the subdivision. Motion, Council Member Baldwin; second, Council Member Allen. Additional comments included: • Reluctant to hold off on this street as one residence of this street is slated for teardown - any new build will be required to include sidewalk; • Trust mandates that the money must be encumbered by 10/2024. As of 1/2024, projects are being accelerated; • Town must be flexible and listen to the desires of the residents; • Town owns the land where the sidewalks are to be installed; • Pedestrian Plan was written by resident members of the Pedestrian Advisory Town of Vienna Page 5 Printed on 4/2/2024 Town Council Meeting Meeting Minutes February 26, 2024 Commission and passed by Council-includes language stating sidewalks on both sides of the streets; • Comprehensive Plan includes language regarding installation of sidewalks. Mayor Colbert called for a vote on the amendment. The amendment passed in a 4-3 vote. Mayor Colbert called for a vote on the original motion as amended. Motion passed unanimously. An additional motion was made to authorize the Town Manager to apply to the Maud Robinson Trust to Initiate Final Design of Robinson Sidewalk Projects on the odd numbered addresses (west side) of Johnson Street SW from Glen Ave to end of street and to approve the appropriate spending with Urban, Ltd to prepare the final design of the subject project. Motion, Council Member Anderson; second, Council Member Springsteen. Discussion included the following: • Robinson Trust funds would be better spent on other streets; • All streets within the Town that meet Trust criteria have been reviewed – includes those already in design phase and those up for consideration in the current discussion; There are no additional streets, other than those proposed in this agenda item and those already in design that fit the Trust criteria; • Removal of Johnson Street SW will leave $100,000+ in Trust; Money left in Trust as of 10/2024 will be donated to the University of Virginia; • Of 14 residents on Johnson Street SW three expressed opposition; Opposition generally more vocal. Mayor Colbert called for a vote on the motion on the table. Motion failed in a 4-3 vote. A motion was made by Springsteen, seconded by Anderson, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Allen, Anderson, Baldwin, Brill, Ramakis, Springsteen and Colbert B. 24-4278 8:10 p.m. - 8:25 p.m. Request approval of additional spending with Kimmel Bogrette Architecture as part of the Annex Long Term Use Study Mayor Colbert recognized Leslie Herman, Director, Parks and Recreation to introduce the Item. Also present was C. Cory Dockman, Project Manager, Kimmel Borgette Architecture. A motion was made to approve a contract increase of $23,500 with Kimmel Bogrette Architecture+ Site for the additional service of a Business Planning & Operational Costs Study for the Annex Long Term Use Study utilizing RFP 23-05. Motion, Council Member Springsteen; second. Council Member Baldwin. Applicants were reminded that communication around the project must be built into the overall project design. Council noted that future feasibility study proposals must include all potential additional costs. Motion carried unanimously. Town of Vienna Page 6 Printed on 4/2/2024 Town Council Meeting Meeting Minutes February 26, 2024 A motion was made by Springsteen, seconded by Baldwin, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Allen, Anderson, Baldwin, Brill, Ramakis, Springsteen and Colbert C. 24-4279 8:25 p.m. - 8:40 p.m. Request to Direct the Town Clerk to advertise a Notice of Intent to Adopt Text Amendments Related to Preserving and Enhancing Tree Canopy in Chapters 17, 18 and 27 A motion was made to defer the vote on the Item 24-4279 until March 18, 2024 to allow for further discussion at the Conference Session of March 3, 2024. Motion, Council Member Anderson; second, Council Member Baldwin. Motion carried unanimously. A motion was made by Anderson, seconded by Springsteen, that the Action Item be postponed. The motion carried by the following vote: Aye: 7- Allen, Anderson, Baldwin, Brill, Ramakis, Springsteen and Colbert 7. Meeting Adjournment Mayor Colbert called for a motion to adjourn at 9:15 PM. Motion, Council Member Springsteen; second, Council Member Brill. A motion was made that this was adjourned.. The motion carried by the following vote: Aye: 7- Allen, Anderson, Baldwin, Brill, Ramakis, Springsteen and 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 4/2/2024