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Town Council Meeting

Regular Meeting

Vienna, VA · April 29, 2024

AgendaMinutes

Minutes

Town of Vienna Charles A. Robinson Jr. Town Hall 127 Center Street South Vienna VA, 22180 Meeting Minutes - Final Town Council Meeting Monday, April 29, 2024 7:30 PM Charles Robinson Jr. Town Hall, 127 Center St. South Invocation: Mercury Payton, Town Manager Mayor Colbert called on Town Manager, Mercury Payton to provide the evening’s invocation. Pledge of Allegiance to the Flag of the United States of America 1. Roll Call 2. 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) 3. Reports/Presentations A. 24-4411 7:45 p.m. - 7:55 p.m. Presentation for Robert Dowler Postponed A. Report and Inquiries of Council Members Council Member Baldwin recognized Town Manager Payton who was selected to throw out the first pitch at a Baltimore Orioles baseball game. Council Member Allen acknowledged residents for advocating on behalf of their neighborhoods. Council Member Ramakis noted the construction activity at the Annex site. Having received many resident inquiries, she thanked Staff for providing informational signage at the location to heighten awareness in the Town. Council Member Anderson wished to thank all who attended the successful Walk on the Hill. Council Member Brill remarked on the success if the Arbor Day celebration. He also noted that the Department of Parks and Recreation provide publically available literature on plants and trees. B. Report of the Town Manager Town Manager Payton called on Leslie Herman, Director, Parks and Recreation and Jim Morris, Chief, Vienna Police Department. Director Herman and Chief Morris recognized Joy Harrington and Sergeant Pete Elias as recipients of the 2024 Rotary Club of Vienna, Rotarian M. Jane Seaman “Service Above Self” award. Town of Vienna Page 1 Printed on 5/22/2024 Town Council Meeting Meeting Minutes - Final April 29, 2024 C. Report of the Mayor Mayor Colbert remarked that the excellent attendance at weekend events across Vienna is a testament to the engagement of Town residents. She thanked all volunteers for their help to make these events successful. She noted particularly the Arbor Day celebration, Walk on the Hill and Vienna Presbyterian Church Be Our Guest Prom. Mayor Colbert further drew attention to the opening of the Ayr Hill Garden Club sponsored little library near the Whole Foods store. Lastly, she reminded everyone of the opening of the Farmers Market and the Conservation and Sustainability Commissions plant sale, both scheduled for Saturday, May 4, 2024. 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 April 29, 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. 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 April 29, 2024 following the close of the Public Hearing in accordance with Virginia Code, Section 2.2-3711, a (3) for consultation with consideration of the acquisition of real property. Motion, Council Member Ramakis; second, Council Member Baldwin. Motion carried unanimously. Absent, Council Member Springsteen. It was moved to reappoint Elizabeth MacGregor to the Bicycle Advisory Committee for a two-year term. Said term to be effective April 30, 2024 and expire April 30, 2026. Motion, Council Member Ramakis; second Council Member Baldwin. Motion carried unanimously. Absent, Council Member Springsteen. A motion was made by Jessica Ramakis, seconded by Chuck Anderson, that this motion be approved. The motion carried by the following vote: 4. Public Hearings A. 24-4397 7:55 p.m. - 8:25 p.m. Public Hearing on FY2024-25 Proposed Tax Rate Mayor Colbert called the Public Hearing to order at 7:55 PM. All Council were present with the exception of Council Member Springsteen. Mayor Colbert recognized Marion Serfass, Director, Finance, to present the Item for consideration. This public hearing is being held to give Vienna residents an opportunity to provide public comment on the proposed real estate tax rate of $0.195 per $100 of assessed Town of Vienna Page 2 Printed on 5/22/2024 Town Council Meeting Meeting Minutes - Final April 29, 2024 value for fiscal year 2024-25. The State Code of Virginia, section 58.1-3321, requires that a locality calculate the "Lowered Rate Necessary" based on assessments less new improvements to generate the same tax levy as the previous year. This lowered rate for Vienna in FY 2024-25 is $0.1888 per $100 of assessed value. The "equalization rate" is the rate required to generate a levy with a 1% increase over the previous year's tax levy on the same assessed base. The equalization rate is $0.1907 per $100 of assessed value. Per state code, Council may adopt a rate no higher than the equalization rate without holding a public hearing. The proposed tax rate of $0.195 is $0.0043 higher than the equalization rate; therefore, a public hearing is required. Town Council has reviewed the budget during conference sessions on March 11 and 16, 2024. The Finance Department is presenting the proposed real estate tax rate and other tax rates at this public hearing for input from the public. This is the 12th consecutive year with no change or a decrease in Vienna's real estate tax rate. The proposed FY2024-25 budget is based on this $0.195 per $100 of assessed value rate along with continuation of the current bank net capital rate of $0.80 per $100 of valuation as well as a residential utility tax rate of 20% of the first $15 and a commercial utility tax rate of 20% of the first $15 and a commercial utility tax rate of 15% of the first $300. The Town Manager’s philosophy is to propose a tax rate that can be sustained (that is not lowered one year and raised the next) and that can maintain a rainy-day fund of at least 18% of the next year’s budget. A motion was made to close the Public Hearing at 7:58 PM. Motion, Council Member Baldwin; second, Council Member Brill. Motion carried unanimously. Absent, Council Member Springsteen. With no comments from the public Mayor Colbert called for a motion on the Item. It was moved to approve the fiscal year 2024-25 proposed real estate tax rate at $0.195 per $100 of assessed value and the bank net capital rate, residential utility tax rate, and commercial utility tax rate as presented. It was further moved that the Town Clerk be directed to advertise a Notice of Intent to Adopt at the May 20, 2024 Council meeting. Motion, Council Member Anderson; second, Council Member Baldwin. Motion carried unanimously. Absent, Council Member Springsteen. Mayor Colbert called for a recess at 8:00 PM. Meeting reconvened at 8:06 PM. A motion was made by Anderson, seconded by Baldwin, that the Action Item be approved. The motion carried by the following vote: 5. 8:25 p.m. - 9:30 p.m. Closed Session Meeting went into Recess Meeting Reconvened A. Closed Session Report It was moved that the members of the Vienna Town Council be polled to affirm that a Town of Vienna Page 3 Printed on 5/22/2024 Town Council Meeting Meeting Minutes - Final April 29, 2024 second Closed Session was held on April 29, 2024 at the conclusion of the Public Hearing in accordance with Virginia Code, Section 2.2-3711, a (3), for consultation with consideration of the acquisition of real property. 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 May 6, 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 Ramakis; second, Council Member Anderson. Motion carried unanimously. Absent, Council Member Springsteen. A motion was made by Jessica Ramakis, seconded by Chuck Anderson, that this was approved.. The motion carried by the following vote: 6. Regular Business A. 24-4414 Adopt Text Amendments Related to Preserving and Enhancing Tree Canopy in Chapters 18 and 27, and Adopt a new Chapter 17 - Tree Preservation and Canopy Requirements During Development A motion was made, seconded by Brill, that the Action Item be approved. The motion carried by the following vote: B. 24-4381 10:00 p.m. - 10:30 p.m. Continued Discussion (Part 3) of Potential Zoning Amendments, as Follow-Up to Code Create 7. Meeting Adjournment With no further discussion Mayor Colbert called for a motion to adjourn. Motion, Council Member Baldwin; second, Council Member Brill. 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 4 Printed on 5/22/2024

Agenda

Town of Vienna Charles A. Robinson Jr. Town Hall 127 Center Street South Vienna VA, 22180 Meeting Agenda Town Council Meeting Monday, April 29, 2024 7:30 PM Charles Robinson Jr. Town Hall, 127 Center St. South Invocation: Mercury Payton, Town Manager Pledge of Allegiance to the Flag of the United States of America 1. Roll Call 2. 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) 3. Reports/Presentations A. 24-4411 7:45 p.m. - 7:55 p.m. Presentation for Robert Dowler A. Report and Inquiries of Council Members B. Report of the Town Manager C. Report of the Mayor D. Proposals for Additional Items to the Agenda E. Closed Session Report 4. Public Hearings A. 24-4397 7:55 p.m. - 8:25 p.m. Public Hearing on FY2024-25 Proposed Tax Rate Attachments: 1. Tax rate proposed advertisement 2024 2. Reg Require Adopt Tax Rate 5. 8:25 p.m. - 9:30 p.m. Closed Session A. Closed Session Report 6. Regular Business Page 1 Printed on 4/23/2024 Town Council Meeting Meeting Agenda April 29, 2024 A. 24-4414 9:30 p.m. - 10:00 p.m. Adopt Text Amendments Related to Preserving and Enhancing Tree Canopy in Chapters 18 and 27, and Adopt a new Chapter 17 - Tree Preservation and Canopy Requirements During Development Attachments: 01 - Proposed Amendments to Tree Canopy Ordinance New Chapter DRAFT 01 25 2024 SDB 02 - TreeBoardAmendments Town Code Section 27-5 DRAFT Updated 01 25 2024 SDB 03 - Proposed TreeBoardAmendments Town Code Section 27-5 updated 04 18 2024 wCM Anderson Edits 04 - Relevant State Code 961 961.1 10.1-1127 05 - DPZ Memo and PP for 12-4-23 TC Discussion of Tree Code Amendments 06- Written Testimony to PC on Trees 07 - Public Hearing Comments on Proposed Amendments to Town Code Chapters 17 October 23 2023 (2) 08 - Written comments to TC - Tree Ordinance 2023 09 - PC Recommendation to Town Council - Tree Ordinance 10 - Regulatory Requirements B. 24-4381 10:00 p.m. - 10:30 p.m. Continued Discussion (Part 3) of Potential Zoning Amendments, as Follow-Up to Code Create Attachments: 01 - Follow-Up to Code Adoption - Pinned Items - Rev 04.09.24 02 - Staff Memo and Tables Summarizing Council Guidance to date 03 - Regulatory Requirements for Agenda Item 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. Page 2 Printed on 4/23/2024

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