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, April 28, 2025 7:30 PM Charles Robinson Jr. Town Hall, 127 Center St. South Invocation:Mr. John Russo, Baha'i Community of the Town of Vienna Mayor Colbert called on Mr. John Russo, the Baha’i Community of Vienna 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: postpone to next meeting after corrections A. 25-5052 Acceptance of the Council Meeting Minutes of April 7, 2025 The Town Council Meeting Minutes of April 7, 2025 were approved with corrections. 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 A. Report and Inquiries of Council Members Council Member Allen remarked that she has spoken to residents who wish their voices to be heard, and that their issues are many, particularly noise and light pollution. Referencing a video clip from a 2023 public hearing on the noise ordinance, she noted that residents continue to request a start time of 7:00 AM, rather than 6:00 AM for commercial loading/unloading within 300 feet of residence, Sec 10-2.1 (c-1). As a strong advocate for mental health, she wants to assure that Council addresses these resident concerns. Council Member Baldwin noted the past week of special events throughout the Town; the Green Expo, several Arbor Day events, Taste of Vienna, and Walk on the Hill. He additionally mentioned that Representative Gerry Connolly has announced that he will step down from the House Oversight Committee and will not seek reelection next year due to health concerns. Council Member Brill also remarked on the events of this past week in the Town. He further urged residents to be aware and cautious of the proliferation of scams in the community. Town of Vienna Page 1 Printed on 5/21/2025 Town Council Meeting Meeting Minutes April 28, 2025 Council Member Ramakis thanked the Conservation and Sustainability Commission, the Volunteer Fire Department and the Mayor for their assistance with Town events. She noted the Mayors Volunteer Reception as an example of the generosity of Town residents. Council Member Springsteen reported on discussion with Planning and Zoning Staff regarding the construction of a pergola atop the neighboring townhouses. Council Member Anderson recognized those volunteers who dedicate hundreds of hours to the Town of Vienna and its residents. He also announced a partnership between the Town and NOVA Parks to explore the feasibility of a Vienna based W&OD Trail visitors’ center. Representative Gerry Connolly has helped find funding to support the study. B. Report of the Town Manager Town Manager Payton introduced Chief Jim Morris, Vienna Police Department who announced receipt of the bronze plaque for Station Design presented by Officer.com. Town Manager Payton requested that the two Items on the Consent Agenda be moved to Regular Business. C. Report of the Mayor Mayor Colbert expressed prayers for Congressman Connolly, indicating that the Town will look into ways to honor his service to Vienna. The Mayors Volunteer Reception was begun by Jane Seeman, former Mayor of Vienna, but remains a noteworthy event in the Town. Of particular importance this year was the large number of young volunteers. Mayor Colbert noted that all events within the Town rely heavily on volunteers. Vienna Farmers Market will open Saturday, May 3, 2025 at 8:00 AM. Mayor Colbert also remarked on the partnership with NOVA Parks noting that an additional aspect includes the signed option to purchase the historic bank building at 299 Dominion Rd. The 2023 video clip shared by Council Member Allen was part of the Public Hearing on the Noise Ordinance. The issue has not been ignored. A Council majority elected not to change the start time for commercial loading/unloading from 6:00 AM to 7:00 AM. The issue may be up for consideration at a later date, but the Council is charged to do what is best for the entire Town, both residents and businesses. Council Member Anderson initiated the idea of a website chart with noise ordinance to include contact information. The light pollution issue is currently under discussion in Work Sessions to consider changes to the ordinance. 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 28, 2025, at 700 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 Town of Vienna Page 2 Printed on 5/21/2025 Town Council Meeting Meeting Minutes April 28, 2025 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 May 19, 2025 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 Springsteen. Motion carried unanimously. It was moved that Cindy Weinberg be reappointed to the Conservation and Sustainability Commission. Said appointment shall be effective May 5, 2025 and expire May 5, 2027. Motion, Council Member Ramakis; second, Council Member Baldwin. Motion carried unanimously. A motion was made that this was approve. The motion carried by the following vote: Aye: 7- Allen, Anderson, Baldwin, Brill, Ramakis, Springsteen and Colbert 4. Public Hearings Mayor Colbert called the public hearing to order at 7:55 PM. All members of Council were present. A. 25-4999 7:45 p.m. -8:00 p.m. Public Hearing for Fiscal Year 2025-26 Proposed Tax Rate Steven Barlow, Director, Finance, presented the Item for discussion. 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 value for fiscal year 2025-26. This is the 13th consecutive year with no change or a decrease in Vienna’s real estate tax rate. The proposed FY2025-26 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 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. Town Council has the option to adopt the proposed tax rates or to lower them from advertised amounts as it sees fit. Mayor Colbert opened the floor for public comment. As there were no public speakers, a motion was made to close the public hearing at 8:00 PM. Motion, Council Member Springsteen; second, Council Member Baldwin. Motion carried unanimously. A motion was made to approve the fiscal year 2025-26 proposed real estate tax rate at $0.195 per $100 of assessed value, and the bank net capital rate, residential utility Town of Vienna Page 3 Printed on 5/21/2025 Town Council Meeting Meeting Minutes April 28, 2025 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 19, 2025 Council meeting. Motion, Council Member Ramakis; second, Council Member Springsteen. Mayor Colbert opened the floor for discussion from Council. The following provides a summary of comments from Council: • Concern that budget does not address residents needs; Must include safeguards for most needy; • Tax relief available through Fairfax County and Town of Vienna; Between 150 – 200 residents currently receive assistance; Town strengthened relationship with Committee for Helping Others, a volunteer organization that provides emergency assistance throughout the Vienna area; • Fiscal uncertainties for next budget session driver for conservative approach for 2025-26; • Suggest that any savings throughout the year be moved to rainy day fund to allow for potential lowering of tax rate in 2026-27. Mayor Colbert called for a recess at 8:08 PM. Meeting reconvened at 8:15 PM. Town Attorney Briglia explained the difference between lowered tax rate and equalization rate. 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 2025-26 is $0.1825 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 $0.1900 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 $0.005 higher than the equalization rate; therefore, a public hearing is required. • Fairfax County real estate assessments and Town of Vienna taxes continue to have a negative impact on residents, yet Council continues to spend; • Last fiscal year tax rate was $0.195 per $100 of assessed value; • Acquisitions of over budgeting must be backed by fact; • Proposed FY 2025-26 Operating Budget, Water and Sewer Rate and Real Estate Tax Rate appear on the May 19, 2025 agenda for final vote. With no additional discussion, Mayor Colbert called for a vote on the motion. Motion passed in a 6-1 vote. A motion was made by Ramakis, seconded by Springsteen, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Anderson, Baldwin, Brill, Ramakis, Springsteen and Colbert Nay: 1- Allen 6. Regular Business A. 25-5028 Request approval for spending $198,970 with Hydro-Tech Irrigation Company for Town of Vienna Page 4 Printed on 5/21/2025 Town Council Meeting Meeting Minutes April 28, 2025 Installation of Irrigation Systems in the Church Street Planters Mayor Colbert called on Leslie Herman, Director, Parks and Recreation to present the Item for discussion. Mayor Colbert also reported on positive feedback from Church Street businesses regarding the landscaping, noting particularly their willingness to deal with disruption during irrigation installation. Comments from Council included the following: • Item already budgeted; • Hand watering will continue until irrigation installed; • Savings will be seen through diversion of labor from hand watering to other necessary tasks throughout the Town; • Contract is “on call” and includes repair and maintenance of all Town systems; • Sections of system not functioning along Maple Avenue; Hand watering allows for greater visual inspection of system; Section along 213 Maple Ave. E not functioning; • Competitively bid contract in 2023 that included installation language. A motion was made to approve spending $198,970 with Hydro-Tech Irrigation Company for Irrigation Systems in the Church Street Planters. Motion, Council Member Springsteen; second, Council Member Baldwin. Further discussion included the following comments: • Contract of 2023 included unit price for maintenance; no pricing included for unit or linear feet installation; • Pipe damage more often occurs with utility companies than during plant installation; Existing trees will be protected as much as possible and similar to installations on Maple Ave. Mayor Colbert closed discussion on the Item and called for a vote on the motion. Motion passed in a 4-3 vote. A motion was made by Springsteen, seconded by Baldwin, that the Action Item be approved. The motion carried by the following vote: Aye: 4- Brill, Ramakis, Springsteen and Colbert Nay: 3- Allen, Anderson and Baldwin B. 25-5006 Intent to Adopt Amendments to Chapter 3, Article 4 of the Town Code. Mayor Colbert called on Chief Jim Morris, Town of Vienna Police Department to present the Item. Comments from Council included the following: • Incremental increases in fine per incident not a possibility; $50 fine can be assessed without limit; • Issue not yet voted on by Town Council; Current steps are necessary should Council elect to move forward with deer maintenance program; Action under consideration will provide Council statutory authority to institute this type of program; • Item will be added to agenda once an MOU has been secured; • Deer castration is not considered a viable alternative due to expense; • Feeding deer is a Class C misdemeanor, Not considered a crime of moral Town of Vienna Page 5 Printed on 5/21/2025 Town Council Meeting Meeting Minutes April 28, 2025 turpitude. It was moved to approve the adoption of the proposed amendments to Chapter 3 of the Town Code that are indicated in Attachment 1, and direct the Town Clerk to advertise a Notice of Adoption. An amendment was offered providing additional clarity to the word department as it appears in Sec. 3-25.2 (a). It shall instead read Department of Wildlife Resources. Amendment accepted. Motion, Council Member Springsteen; second, Council Member Baldwin. Motion carried in a 6-1 vote. 25-5007 Request approval to award Invitation for Bid (IFB) 25-13 to Ball Rock Inc. in the amount of $329,846.96 for replacement of the Meadow Lane Bathroom Facilities Mayor Colbert called on Leslie Herman, Director, Parks and Recreation, to present the Item for consideration. A motion was made by Springsteen, seconded by Brill, that the Action Item be approved as amended. The motion carried by the following vote: Aye: 6- Anderson, Baldwin, Brill, Ramakis, Springsteen and Colbert Nay: 1- Allen A. 25-5007 8:15 p.m. - 8:45 p.m. Request approval to award Invitation for Bid (IFB) 25-13 to Ball Rock Inc. in the amount of $329,846.96 for replacement of the Meadow Lane bathroom facility. Mayor Colbert called on Leslie Herman, Director, Parks and Recreation, to present the Item for consideration. Comments from Council are summarized as follows: • Not uncommon for bid totals to be vary widely; Purchasing office determines winning bid; • Funding source is CIP 2020 bond; • Reiterate need for child assessable doors - automated door openers. It was moved to approve awarding IFB 25-13 to Ball Rock Inc. and it was further moved to approve spending in the amount of $329,846.96 with Ball Rock Inc. for the Meadow Lane Park Restroom Replacement. Motion, Council Member Springsteen; second, Council Member Baldwin. Motion carried unanimously. 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 B. 25-5038 8:45 p.m. - 9:15 p.m. Request for approval of proposed site plan and modifications of requirements for 800-900 Follin Lane, SE, Navy Federal Credit Union, for the installation of emergency generators and construction of related infrastructure. Town of Vienna Page 6 Printed on 5/21/2025 Town Council Meeting Meeting Minutes April 28, 2025 Mayor Colbert called on David Levy, Director and Kelly O’Brien, Deputy Director, Planning and Zoning to present the Item. Comments by Council included the following: • Six total generators; Two, built in 2012, service the data center only; remaining four generators, subject to replacement, are 35 years old; replacement parts unavailable; Tim Foley, 511 Mashee Dr spoke, at the invitation of Council, requesting information on dependability of the acoustic engineering study for noise protection, and frequency of generator usage. • Alternate location could be in the hill to provide for natural noise attenuation; • Several locations considered; current location most appropriate for needs and for sound mitigation; Additional applications will include sound absorbing materials, fencing and evergreen plantings; • Fencing is sound absorbing material similar to that used around pickle ball courts; evergreens will be installed at 8’-12’ tall and will grow to 14”; • Noise levels projected to be nearly imperceptible at nearest residence; • Load bank produces most noise from two remaining generators; Steps will be taken to mitigate this noise; • Generators are tested every Monday according to manufacturer’s specifications; Could potentially test every two weeks; • Public Hearing notice provided according to Town Code using standard protocol; Properties immediately touching site received courtesy notice; Council has latitude to strengthen requirements. A motion was made to approve the site plan as presented for the proposed generators, fence and landscaping at Navy Federal Credit Union located at 800-900 Follin Lane SE. Motion, Council Member Baldwin; second, Council Member Springsteen. The applicant agreed to meet with neighbors to discuss concerns. Motion carried unanimously. A motion was made to approve the requested modifications of requirements for the Navy Federal Credit Union, located at 800-900 Follin Lane, SE, related to the proposed 14-foot acoustic fence. Motion, Council Member Baldwin; second, Council Member Anderson. Motion carried unanimously. Director Levy noted that the issue of public notice of ongoing projects has been added to list of items for zoning code consideration. He also reiterated that residents should feel comfortable bringing issues to the Planning Commission (i.e. noise). A motion was made by Baldwin, seconded by Springsteen, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Allen, Anderson, Baldwin, Brill, Ramakis, Springsteen and Colbert 7. Meeting Adjournment With no additional business, Mayor Colbert called for a motion to adjourn at 9:55 PM. Town of Vienna Page 7 Printed on 5/21/2025 Town Council Meeting Meeting Minutes April 28, 2025 Motion, Council Member Baldwin. This matter was adjourned 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 5/21/2025