MINUTES PURCELLVILLE TOWN COUNCIL MEETING WORK SESSION TUESDAY, OCTOBER 22, 2024, 6:00 PM TOWN HALL COUNCIL CHAMBERS Meeting recording can be found at the following; cMlarmisspAsttm2Niw id-I&redirect-true COUNCIL MEMBERS PRESENT: Mayor Stanley Milan, Vice Mayor Erin Rayner, Council members Mary. Jane Williams, Kevin Wright (Remote due to medical matter), Christopher STAFF PRESENT: Town Manager Rick Bremseth, Town Attorney Gifl Hampshire, Assistant Town Manager Diana Hays, Chief Barry Dufek Purcellville Police Department, Director of Engineering and Capital Projects Andrea Broshkevitch, Director ofl Planning and Community Development Summer Wilkes, Planning Manager Boyd Lawrence, Planner Jordan Andrews, Bertaut, Caleb Stought, Carol Luke Town Clerk Kimberly Bandy CALLTO ORDER: Mayor Milan called the meeting to order at 6:02 PM. The Pledge of Allegiance followed. Mayor Milan made the following statement: Council member Wright will be participating remotely due to a medical matter and has met the criteria for our policy regarding remote participation and there is no requirement to approve this by vote ofTown Council. AGENDA AMENDMENTS/APPROVAL Vicel Mayor Rayner made the motion to move agenda item 1la. Closed Session to item 7a. after Recognitions and prior to Citizen Comments and: move the rest ofi items onwards. (Carried: 7-0, Rayner: Aye, Bertaut: Aye, Stought:. Aye, Luke: Aye, Williams: Aye; Wright: Aye, Council member Williams made the motion to adopt the Town Council meeting agenda for (Carried: 7-0, Rayner: Aye, Bertaut: Aye, Stought: Aye, Luke: Aye, Williams: Aye; Wright: Aye, Milan: Aye) October 22, 2024 as amended. Milan: Aye) CONSENT AGENDA a. Approval of Meeting Minutes - October 8, 2024 Vice Mayor Rayner made the motion that the Purcellville Town Council approve the Consent agenda item 5a. as presented in the October 22, 2024 Town Council Meeting Work Session (Carried: 7-0, Rayner: Aye, Bertaut: Aye, Stought: Aye, Luke: Aye, Williams: Aye; Wright: agenda packet. Aye, Milan: Aye) Town Councill Mceting' Work Session October 22, 2024 Page2 2of5 RECOGNITIONS Recognition of Jacqueline Gallman, Crime Analyst -Loudoun County Sheriff's Office Recognitions ofl Member Service on a Committee, Commission, or Board; Brian Mac Mahon, Parks and Recreation Advisory Board (Not in attendance) Brian Morgan, Parks and Recreation Advisory Board Proclamation of Keeping Lights On After School CLOSED SESSION: (Moved by amendment) MOTION' TO GO INTO CLOSED MEETING: As authorized by the Code of Virginia $2.2-3711(A)), Council member Williams moved that Town Council convene in a closed meeting for consultation with legal counsel pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture oft thej public body. Specifically, the Town Council will receive an update from the Town Attorney's office on the status oft the KmG Hauling Inc. V. Purcellville BZA (Board of Zoning Appeals) case. The following are requested to attend the closed meeting: All Town Council members Rick Bremseth, Town Manager Giff Hampshire, Town Attorney's Office (Carried: 7-0, Rayner: Aye, Bertaut: Aye, Stought: Aye, Luke: Aye, Williams: Aye; Wright: Aye, Milan: Aye) MOTION TO CERTIFY THE CLOSED MEETING: In accordance with Section $2.2-3712 ofthe Code of Virginia, Council member Williams moved that Town Council certify to the best of each: member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements under Virginia Freedom of Information Act; and (ii) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by (Carried: 7-0, Rayner: Aye, Bertaut: Aye, Stought: Aye, Luke: Aye, Williams: Aye; Wright: Vice Mayor Rayner moved that ini the case of KMG Hauling V. Town of Purcellville Board of Zoning Appeals, the Town proceed as recommended by counsel in closed session, including the (Carried: 7-0, Rayner: Aye, Bertaut: Aye, Stought: Aye, Luke: Aye, Williams: Aye; Wright: the public body. Aye, Milan: Aye) filing of a notice of appeal. Aye, Milan: Aye) Town Council Meeting Work Session October 22,2024 Page3of5 Mayor welcomed the new Deputy Chief Sara Lombrafia who was in attendance oft the Town Council meeting. CITIZEN/BUSINESS COMMENTS Bill Thomas, Leesburg Realtor of 38151 Audrey Court, Hamilton, made suggestions on the use of 12 acres owned by Magic Kayhan by the round-a-bout and shared thej potential for the property to include al hotel or senior living by adding these to the special use permit project list. Casey Chapman, CaseCo LLC 125 Hirst Road, shared follow up to Mr. Thomas's comments and opportunities that could be brought forth to the town by the rewrite oft the Zoning Ordinance. He proposed creating a more user-friendly Zoning Map. MAYOR AND COUNCIL COMMENTS Council: member Williams shared comment on the Zoning Ordinance discussions and the importance of the vote for this upcoming local and nationwide election and tol be informed. Council member Stought shared the importance of voting and thanked Town staff, CCB volunteers, and Officer Simmons assistance inj particular for helping to obtain keys accidentally locked in a car. Council member Luke shared the importance of voting and to be informed. Council member Bertaut shared the importance of voting and avenues to do SO. He thanked Staff and Planning Commission for all their hard work on the Zoning Ordinance being considered by Town Council and made note oflast-minute concern oft the use table which can be handled by Council. Council member Wright made no comment. Vice Mayor Rayner thanked staff and everyone involved in making Celebrate Purcellville successful and shared the free Google wi-fi has been launched. She shared EDAC will be Mayor Milan shared comments ont the upcoming Budget FY26 sessions and several projects in town. Thei town is now offering a Community Access Portal toj pay utility bills and shared the hosting a 3rd business meet and greet in town tomorrow evening. importance ofvoting. ACTION ITEMS a. Status Change to Council Liaison to the Planning Commission from Voting tol Non-Voting Town Attorney, Giff Hampshire, gave the report from the agenda packet and made note to edit the suggested motion to read "This revision will take effect upon January 1, 2025". Mayor Town Council Meeting Work Session October 22, 2024 Page4 4 of5 discussed the potential change to the voting status ofthe Town Council liaison to the Planning Commission to bei more: aligned with surrounding local/state government. Council member Luke shared not having an issue with the Council liaison having a vote. Mr. Hampshire explained from al legal point of view, the wayi it is structured the Town Council receives recommendation from the Planning Commission with already one set vote from a Council member. Council member Bertaut requested more documentation for non-voting Council liaisons in surrounding areas. There was a discussion oft the Council liaison not being an actual member, and not counting towards quorum. This subject had been discussed previously in 2020 regarding Council liaison oft the Planning Commission being a voting member with no other committee, commission, or board having a Council liaison with the ability to vote. Mr. Hampshire added the Leesburg Planning Commission has ai non-voting liaison and as does the County. During the Council discussion it was shared that the Council liaison ability to vote is a conflict ofinterest between advisory and decision-making bodies. There was an additional remark to edit the Vice Mayor Rayner moved that the Purcellville Town Council revise the current structure oft the Planning Commission to designate the Council liaison asi non-voting liaison effective January 1, 2025. This change is intended to maintain the liaison's role inj providing insight and communication between the Planning Commission and the Council, while ensuring that voting power remains with the appointed Planning Commission members. The Council liaison will continue to attend meetings, participate in discussions, and offer feedback, but will no longer have a vote on official Planning Commission matters. The Council liaisons current role will be replaced with ai new voting member of the Planning Commission. This revision will take effect (Carried: 6-1, Rayner: Aye, Bertaut: Nay, Stought: Aye, Luke: Aye, Williams: Aye; Wright: motion to strike "member" from the motion. on. January 1, 2025. Aye, Milan: Aye) DISCUSSION a. Term for New Planning Commissioner Diana Hays, Assistant Town Manager, gave the report. Council discussed the staggering oft the terms for the Planning Commissioner to align with Town Council elections. It was also suggested possibly extending terms for current Commissioners. The original intent oft thet terms is not to reflect the same terms as Council and the Planning Commission is an advisory to the Council. There was a suggestion to have the 7th Commissioner have at two-year term with a question ofcode identifying Commissioner'st terms as 4-year terms. The question was proposed Council member Stought moved that Town Council direct staff to research options of the appointment ofa 7th Planning Commission member in such a way to reflect the composition of (Carried: 6-0-1 Abstain, Rayner: Aye, Bertaut: Abstain, Stought: Aye, Luke: Aye, Williams: tol be researched further. the Town Council election cycles. Aye; Wright: Aye, Milan: Aye) Town Council Meeting Work Session October 22,2024 Page5of5 b. Telecommunications Franchise Agreement and Ordinance Process Planning Manager Boyd Lawrence, gave the introduction and made references to the staff report on explaining to comply with State Code in regards to a franchise agreement, ai two-step process in which the first step would be to approve aj procedural ordinance presented to Council on November 12th that would initiate bids to be submitted to grant a franchise to telecommunications providers willing to enter into a' Telecommunications Franchise Agreement. Step two would then be for Council to approve a granting ordinance for a telecommunications franchise agreement at1 the December 10th meeting where the Mayor would publicly open the submitted bids and for Council to take an action approving the franchise agreement. Matt Ames, Attorney, recommended this two-step ordinance process as the most effective procedure to comply with State Code and expedite a Telecommunications Franchise Agreement for the C. Zoning Ordinance Rewrite Transmittal from Planning Commission town. Summer Wilkes, Director of Planning and Community Development/Zoning: Administrator gave the report and reviewed al list of the documentation given to Council for this item. The materials included al binder with the resolution from Planning Commission, all citizen comments received on the draft Zoning Ordinance, addendum oft the changes after the publishing oft the draft Zoning Ordinance, and a copy oft the draft Zoning Ordinance. Ms. Wilkes began with the review oft the Code ofVirginia, Article 1 overview, and' briefly reviewed Article 2. (Presentation onj file at the d. Future Town Council Meetings and Agenda Topics (This item was not discussed.) Clerk'sofice) ADJOURNMENT: With no further business, Council member Wright made ai motion to adjourn the meeting at 8:30PM and all were in favour. Bfamlenl Wilmn,& Stanley. J. Mian Sr., Mayor Kimberly Bandy, Mmaifady 11/6/2024 Zoning Ordinme! Update- Town Council Work Session: October22, 2024 WORK SESSION AGENDA C CodedfVirginia questions LL ArticebyA Artide Walkthrough m. Wewillf focuso an Artides1-3t tonight, andi then Artides5-1ifv wel havet time. IV.1 Proposed. Planning Commissionl Recommendations/ Proposed Planning Staff Recommendations V. Please ask questionsa at anyt time, and wer will alsos stop attheendo ofe every. Artidef for questions. Jun Mlle CODE OF VIRGINIA (andfollowing) By7/24/24, agenda pacet. Tite1 152, Chapter: 22, Artidesz 71,7 72and73 (Sectionsi 152-2280 throughi 152-2316.9)8 goversa allz zoninga activity, reference: TheZoning Administrator prowidedadheddistt tothel Planning Commission oma/2Atodoaument: andt track ardinanced compliancev witht theCode. alli items afthechedlist wered deemed ZoningA Administratort transmittedt thecheddistt tot thel Town Attomey. Thecompletedc dhecklist wasi indudedi IintheOcober8Townc Coundi Theonly provisions noti indudedy yeta ares Sections 152-2304- 23050n Affordablel Housing: thesev WIil beaddressed: ind Comprehensivel Planu update Any questions on compliance with the Code gov/ vacodeful/ ide1s2 3/chaplez2artiderz ofvirginia? 5S.S5 Cet's to. Articlei go complete, andthe 1 11/6/2024 ARTICLE INTRODUCTION, AND USING THIS ORDINANCE Panme Comission: AddedSection1 15 Rulesof Mesurement MpisBstssals Artides Smergedi intoA Artidei Artide6'Generaly Applicable Regulations" mergedi intoA Artidei News Sectioni 118 Inorporated Noncformitiesi from Addeda' Roadmap"- Sectioni 119 Artidei 13andrewrtet the Noncoryformitles sectionb basedan cziors sublivision regplations- guage cument Codeofy Virginial language toaments Section 20tochanget 0 legary" /newIoudoumCounty: zning ordinance- newSertion 118 Addeda" "Roadmap"- Section 119-8s a ApRANy aguldeforu users EXAMPLES OF EFFECTIVE CLUSTER SUBPMISIONS PIRRRg Sicii DSkTAAone Addeds Section 15 Ruleso ofMeasurement Addedg grephisstpSeationgi 15andi6 Incorporated Noncoryormitiest from Artide13- Serticn 120; Juster Subdhifess: l statusf ford ament subdivisions, andtocurtalits futureuse opta Comparedt to Villageso afPurcelleille ARTICLE 1:1 INTRODUCTION, AND USING THIS ORDINANCE Gnel saa SAERMGNErstNS AddtoSection1 1.8.2. Vardsa andopenSpacer Language regarding Awnings and Canoplesf for Commercall Uses- languagev willl bedrafteda andp proposedtothe FlammingCmmisinni for reviewata anupomingmetig Any questions on Article 1? ARTICLE2: PrMilei BASE DISTRICTS Draft Zoning Map Ani 1Da7apygf thisn mapisinyour w agendapacket. SS.SS Cet's go to. Articlez 2 2 11/6/2024 ARTICLE 2: BASE DISTRICTS Proposed Changesb Dy Planing CounssIon ARTICLE 2: BASE DISTRICTS amime SSpneEse) 3