MINUTES PURCELLVILLE TOWN COUNCIL MEETING TUESDAY, DECEMBER 10, 2024, 6:00 PM TOWN HALL COUNCIL CHAMBERS COUNCIL MEMBERS PRESENT: Mayor Stanley Milan, Vice Mayor Erin Rayner, Council members Kevin Wright, Carol Luke, Christopher Bertaut, Mary Jane Williams, Caleb Stought STAFF PRESENT: Town Attorney John Cafferky, Town Manager Rick Bremseth, Assistant Town Manager Diana Hays, Police Department Chief Barry Dufek, Senior Hydrogeologist Stacie Alter, Planning Manager Boyd Lawrence, Planner Jordan Andrews, Town Clerk Kimberly Bandy CALLT TO ORDER: Mayor Milan called the meeting to order at 6:31 PM after completion oft the special meeting held in the Heritage Room. The Pledge of Allegiance followed. AGENDA AMENDMENTS Vice Mayor Rayner made ai motion to remove action item Oc.Appomntments to a Committee, Commission, or Board for those appointments were made at the previous special meeting. (Carried: 7-0, Rayner: Aye, Bertaut: Aye, Stought: Aye, Luke: Aye, Williams: Aye; Wright: Aye, Council member Bertaut made the motion that the action item 10b. Approval of] First Amendment to the Declaration of Restrictions and Covenants for the Nutrient Bank be moved to (Carried: 2-5, Rayner: Nay, Bertaut: Aye, Stought: Nay, Luke: Aye, Williams: Nay; Wright: Nay, Milan: Aye) ad discussion item. Milan: Nay) ADOPTION OF MEETING. AGENDA/AMENDMENTS: Council member Wright made the motion to adopt the November 12, 2024 Town Council Meeting agenda as amended. Aye, Milan: Aye) CONSENT AGENDA: (Carried: 7-0, Rayner: Aye, Bertaut: Aye, Stought: Aye, Luke: Aye, Williams: Aye; Wright: a. Approval of November 12, 2024 Meeting Minutes Council member Wright moved that the Purcellville Town Council approve the Consent agenda item 5a. as presented ini the December 10, 2024 Town Council Meeting agenda packet. (Carried: 7-0, Rayner: Aye, Bertaut: Aye, Stought: Aye, Luke: Aye, Williams: Aye; Wright: Aye, Milan: Aye) Town Council Meeting December 10, 2024 Page2of6 RECOGNITIONS: Vice Mayor Rayner gave the recognition for the following: Recognition of Stanley J.J Milan, Sr., Mayor Recognition ofMary Jane Williams, Council member PRESENTATION: a. FY24. Annual Comprehensive Financial Report (Onj file at the Clerk's office) Michael Lupton, CPA, MBA with Robinson, Farmer, Cox Associates gave the report. CITIZEN COMMENTS: Casey Chapman, CaseCol LLC 125 Hirst Road, shared comments regarding a thank you and congratulations oni retirement to Council member Williams. He also shared ai thank you to Mayor Milan and showed appreciation for him. He encouraged all businesses to reach out to Council. Mr. Chapman congratulated staff on the annual financial report. Het thanked the Volunteer Fire Department and thanked the Town Manager for his work and time. He also congratulated the new Council members and is interested to see where the town is going. Nedim Ogelman, of1 140 S. 32nd Street, shared the simplicity ofrepresentative government, highlighting the importance of running on clear promises, making commitments to citizens, and adhering to them. He noted that Council members Williams and Mayor Milan along with Council member Bertaut and Luke, initially ran on as slow growth, low taxes platform but later Council member Williams and Mayor Milan "flipped." Mr. Ogelman expressed pride in citizens for consistently voting in favor of slow growth and low taxes, making their priorities clear. MAYOR AND COUNCIL COMMENTS: Council member Williams shared sincere thanks to residents of] Purcellville and it has been her honour to serve, thanked the town staff for being thel backbone and heart ofPurcellville, appreciated Vice Mayor Rayner for her strength and support throughout the years. She thanked Mayor Milan for having the courage to stand up for what was best for the town today and the future. She shared with Council member Stought and Wright to keep fighting for what is right for this town. She thanked her family for their support. Council member Williams shared a story on a book launch she attended on a futuristic United States that is united as one, finding best solutions for all rather than dividing and believes this is true for our town. She reminded all to act in the holiday season, bel kind, to help others, Toys for Tots, help food banks, check on a neighbour and shop local. She wished a happy holiday to all and it is her hope the positive trend oft the past year will continue with the new leadership and hopes her tenure to be remembered Council member Stought shared recognition of the Police Department and welcomed two new officers and congratulations to Acting Lieutenant Holman and Deputy ChiefLombrana for their with positive thoughts. Town Councill Meeting December 10,2024 Page3of6 recent achievements. He shared the upcoming holiday events ofthe Christmas Parade, Holiday Market, Pictures with Santa and other activities. Council member Stought thanked Council member Williams for her service and her positive encouragement and hopes she will enjoy her He shared appreciation for Mayor Stan Milan and shared a quote from Martin Luther King Jr. "The ultimate measure of a man is not where he stands in moments of convenience and comfort, but where he stands at times of challenge and controversy..." He shared the Mayor being considered a friend and thanked the Mayor for his service and wished him thel best in his next Council member Luke shared looking forward to thel holiday festivities and mentioned the recent honoring of the lives lost of from Flight 514 Remembrance Ceremony at Mount Weather. Council member Bertaut welcomed the community to the many upcoming holiday events with Lego display and holiday parade. He shared the town holiday weekend will be well managed and mentioned the Middleburg Parade with several volunteers and suggests active participation for our citizens. He also attended the ceremony for Flight 514 and was touched by all the connections that were made. He shared congratulations and thanks to outgoing Town Council members for their service. Council member Bertaut mentioned this present Council appointed several citizens to committees, commissions, and boards although valuing active participation of citizens, he shared respectfully to disagree with these appointments based on lack of respect for democratic principles such as elected officials only govern during their terms and not extend theiri influence past their tenure. He announced ai more public facing town government going forward will be making decisions inj public for issues before the town, invited developers to Council member Wright thanked staff for the past year of all the: information shared and for doing an outstanding job. He thanked Town Manager Rick Bremseth for his wisdom and advice. Council member Wright thanked Mayor Milan for his service to the town and shared how an elected post becomes an evil person, even though the best interests oft the town are being considered, and he thanked Council member Williams for her time and dedication to the town for Vice Mayor Rayner thanked staff for all their hard work and appreciates all they do. Shei is looking forward to the Christmas Parade and mentioned local food banks needing donations. She thanked Mayor Milan and Council member Williams for their service and shared they would Mayor Milan thanked the citizens of Purcellville for being able to serve them for four years as a Council member and Mayor. He addressed his negative beginnings which followed with his growth as aj person that others refer to as a "flip". He shared the following list of accomplishments during his tenure as Mayor: Water Storage Tank, Adoption ofl Fiscal Plan FY25,21st Street Enhancements, Increased Bond Rating, Town Manager Recruitment, Town Council and Committee, Commission and Board Handbooks, ARPA Funds, Pullen House, retirement. chapter. come and talk publicly about their projects. doing the right thing. be missed. Town Council Meeting December 10, 2024 Page4of6 Relationship with Loudoun County, Town Elections date change, positive relationship with Staff Team, agreement of free Google WiFi, Bush' Tabernacle concessionaire services, cell tower at Wastewater Treatment Plant, Water supply purchase agreement, 32nd and Main Street improvements, 12th Street Improvements, and the Virginia Valley Vipers professional basketball team relocation to Purcellville. Mayor Milan closed stating the town is in al better position than when he arrived and thanked the StaffTeam, Town Manager, and' Town Council members who are out for the betterment of the Town. ACTIONI ITEMS a. Approval of Granting Ordinance and Ielecommunications Franchise Agreement Boyd Lawrence, Planning Manager, gave the report and shared this is the third meeting discussing and approving processes for this item. He reviewed the staff report and shared that there was one bid from Verizon Virginia LLC with aj proposed agreement. Mayor Milan made the following statement, "In compliance with Virginia Code, there are two brief statements that I, as Mayor, will announce: Are there any other bids to be submitted by those in attendance? There is none. Seeing none, that officially closes the bid process for the telecommunication franchise." Mayor then shared this item can now proceed and be open for Council discussion. Attorney Matt Ames was in attendance and assisted Council in understanding the improved agreement. Council shared concern for the amount oft time passed with an expired agreement and asked why this was. Mr. Ames, as outside counsel, could not answer exactly other than change in administration and under Virginia law once a franchise like this expires the company is allowed to continue operate indefinitely on the current terms and Verizon had no incentive to do arenewal. There were: many changes in administration, delays on Verizon's side, and change in Vice Mayor Rayner moved that Town Council adopt the proposed Ordinance 24-12-01 as presented in the December 10, 2024 agenda packet which grants the elecommunications staffing as ai matter of circumstances. franchise to Verizon Virginia LLC. (Carried: 7-0, Rayner: Aye, Bertaut: Aye, Stought: Aye, Luke: Aye, Williams: Aye; Wright: Aye, Vice Mayor Rayner moved that Town Council adopt and approve the Telecommunications Franchise Agreement with Verizon Virginia LLC as presented in the December 10, 2024. Agenda Packet. The Mayor will execute the Franchise Agreement on behalf ofthe' Town. (Carried: 7-0, Rayner: Aye, Bertaut: Aye, Stought: Aye, Luke: Aye, Williams: Aye; Wright: Aye, b. Approval of First Amendment to the Declaration of Restrictions and Covenants for Milan: Aye) Milan: Aye) the Nutrient Bank Town Councill Meeting December 10,2024 Page5of6 Stacie Alter, Senior Hydrogeologist, gave the report and reviewed the staff report stating the Town is requesting a modification to the existing Purcellville Nutrient Bank to accommodate the construction of an essential raw water line. The modification will require the removal of0.39 acres from the Nutrient Bank at a cost of $3,000 in permit fees, and the modification requires Town Council approval to amend the Declaration of] Restrictions and Covenants for the Nutrient Bank recorded in 2021. The town has a total of1.04 unsold credits (equivalent to 1.28 acres of land), 1.0 ofwhich is given to the Town for future Town projects and 0.04 credits that have not yet been sold. The town recently consulted an engineering firm to design al buried raw water pipeline from the well, which is expected to yield approximately 100,000 gallons of water per day which would be used to supplement water to mitigate shortages due to drought and PFAS impacts. This would leave aj partial credit tol be used for aj project within the same watershed. The project requires the removal ofa a small piece ofland within the nutrient bank in order to bury the pipe within the shortest distance, lowest costs, and avoiding wetlands. To avoid future permitting fees, the town is also requesting a modification to accommodate the construction ofa raw water pipeline from a well as a future project. This modification requires an amendment to The town is looking to use in-house staff for the work to reduce costs rather than an estimated Vice Mayor Rayner moved that the Town Council approve the First Amendment to Declaration of Restrictions and Covenants for the Nutrient Bank to reduce the acreage of the existing the Declaration and Covenants. cost of $600,000 for outsourcing. Nutrient Bank by 0.39 acres. (Carried: 7-0, Rayner: Aye, Bertaut: Aye, Stought: Aye, Luke: Aye, Williams: Aye; Wright: Aye, Milan: Aye) DISCUSSION a. Future Town Council Meetings and Agenda Topics Diana Hays, Assistant Town Manager, gave the report. Council asked about the Verizon Fios presentation and teleçom agreement and its status which Ms. Hays would provide. CLOSED MEETING: MOTION TO GO INTO CLOSED MEETING: "As authorized by the Code ofVirginia $ 2.2-3711(A)(3) and 3711(A)(8), Council member Wright moved that Town Council convene in a closed meeting for consultation with legal counsel pertaining to discussion and consideration of the acquisition ofreal property for a public purpose, and a specific legal matter, where such consultation in open meeting would adversely affect the negotiating posture oft the public body. Specifically, the Town Council will receive an update from the Town Attorney on the status of acquisition of property interests related to installation of a box culvert. Town Council Meeting December 10, 2024 Page 6of6 He further moved that the Town Council convene in a closed meeting, as authorized by the Code ofVirginia SS 2.2-3711(A)(I). and 2.2-3711(A)(8), for consultation with legal counsel regarding matters pertaining to an employee oft the town serving as a member oft the Town Council. The following are requested to attend the closed meeting: All Town Council members Rick Bremseth, Town Manager John Cafferky, Town Attorney's Office Jordan Andrews, Planner (Istitem) Police Chief Barry Dufek (2nd item) (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 of the Code of Virginia, Vice Mayor Rayner moved that Town Council certify to the best ofe each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements under Virginia Freedom ofInformation 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 the public body. (Carried: 7-0, Rayner: Aye, Bertaut: Aye, Stought: Aye, Luke: Aye, Williams: Aye; Wright: Aye, Milan: Aye) ADJOURNMENT: 9:00PM. With no further business, Council member Williams made a motion to adjourn the meeting at CA5 Christopher Bertatut, Mayor KmbaBady Kimberly Bandy,Town Clerk Mayor Stanley].N Milan, Sr. Council Christopher Bertaut Caroll Luke Erin! Rayner Caleb] J.Stought Mary) Jane Williams Kevinl B. Wright Town Manager Rickl Bremseth Assistant Town Manager Dianal Hays 221 S.N Nursery Avenue Purcellville, VA 20132 Phone:(540)3 338-7421 wwwpurcellvllevagoy Town areMille Virginia TOWN OF PURCELLVILLE LOUDOUN COUNTY, VIRGINIA IN ORDINANCENO. 24-12-01 PRESENTED: DECEMBER 10. 2024 ADOPTED: DECEMBER 10.2024 AN ORDINANCE: To Grant al Telecommunications Franchise to Verizon Virginia LLC WHEREAS, the Town has the authority to grant franchises and other authorizations for the WHEREAS, on September 12, 1989, the Town Council adopted an ordinance granting a telecommunications franchise tot the Chesapeake and Potomac Telephone Company fort thei term of25 use and occupancy ofthel Public Rights-of-Way; and years (the "1989 Franchise"); and WHEREAS, the 1989 Franchise has expired and the Town desires to grant an updated telecommunications franchise for the continued use and occupancy oft the Public Rights-of-Way; and WHEREAS, Sections 15.2-2100 through 2102 of the Code of Virginia ("State Code") require that any grant of a franchise for the use and occupancy of the Public Rights-of-Way shall be approved by an ordinance oft the Town Council; and WHEREAS, the State Code further describes that any franchise granted for a term of more WHEREAS, consistent with applicable law, the Town desires to minimize inconvenience and disruption to the public, provide for orderly and efficient use of the Public Rights-of-Way now and into the future, and preserve adequate capacity for existing and future uses of the Public Rights- than five years shall be selected through aj public bid process; and of-Way; and WHEREAS, in compliance with State Code, the Town has completed aj public bid process fora a proposed 25-year telecommunications franchise. WHEREAS, the only entity to submit such al bid was Verizon Virginia LLC; and WHEREAS, the Council desires to grant to Verizon Virginia LLC, its successors and assigns, a franchise, under certain conditions, permitting the grantee to use the public rights-of-ways in the Town of Purcellville for the design, installation, provision, operation, maintenance, repair, control, upgrade, construction and removal of a system to provide Telecommunications Services in the Town THEREFORE, BEI IT ORDAINED as follows: Section 1. That a Franchise is hereby granted to Verizon Virginia LLC, hereinafter referred to as' Grantee," its successors and assigns, toj permit the Grantee to design, install, provide, operate, maintain, repair, upgrade, construct and remove a fiber network to provide telecommunications services, excluding cable service, in the public rights of-ways in the Town in accordance with the terms and conditions set forth in the Telecommunications Franchise Agreement, attached hereto as Exhibit A and fully Section 2. That the Franchise is awarded to the Grantee after public notice and invitation for bids, as required by law, pursuant to Section 2 of Ordinance No. 24-11-01, and after the invitation for bids was duly closed and all bids were: fully and carefully investigated Section 3. That the Franchise is for a term of25 years, subject to' Town Council approval to design, construct, operate, control, provide, install, maintain, repair, upgrade, and remove facilities to be used to provide telecommunications services, excluding cable services, in the public rights-of-ways in the Town. The Grantee shall strictly comply with the terms of this Ordinance and with the Telecommunications Franchise Agreement, together with all applicable laws and regulations of the Town of Purcellville, the Commonwealth of Virginia, and the United States, and any regulatory agency having jurisdiction, including, without limitation, with the following conditions: incorporated herein by reference. and evaluated. 1. All necessary permits shall be obtained for each and every excavation or installation, including but not limited to boring in and/or under public rights-of- ways or other public places. 2. In the event that the relocation, construction, reconstruction, maintenance or repair by the Town or the Commonwealth of Virginia of any facilities is necessary or desirable, and iti is necessary to alter or relocate, either permanently or temporarily, any of the Grantee's property in the public rights-of-ways or other public propertyi in order to accomplish the same, the Grantee shall, after reasonable notice, protect, remove, alter, or relocate its property at its own cost and expense; and should the Grantee fail to comply with such notice, its property may be removed, altered or relocated by the' Town or the Commonwealth at the cost oft the Grantee and without liability for any resulting damage, subject to applicable law. The Grantee shall do everything reasonably necessary, in a timely manner, to prevent any delays in construction of any project of the Town or the Commonwealth. 3.. This Franchise may be assigned or transferred;; provided, however, that any assignee or transferee shall agree to bel bound by all oft the terms and provisions of the Telecommunications Franchise. Agreement. 4. The Grantee will obtain liability insurance to the satisfaction oft the Town Attorney, which insurance shall name the' Town as an additional insured. 5. The Grantee will not use the privileges granted by this Franchise top provide the functional equivalent of a cable system or cable service as defined in Section 6. The Grantee shall protect all property of the Town and all other affected persons during any work of designing, constructing, operating, installing, maintaining, repairing, upgrading, or removing its system in or adjacent to the public rights-of-ways or other public place, and shall fully restore, in kind, any 7. That nothing in this Franchise shall increase or strengthen the rights that other franchisees may have. The Town shall have no liability to the Grantee for exercising any rights the Town may have in general or under its franchises with other franchisees, regardless oft the effect of such exercise on the Grantee. 8. The Grantee shall remove its property at its own expense at the expiration Section 4. That the Mayor be and hereby is authorized to execute such documents asi may Section 5. That the' Town Clerk be and hereby is authorized to attest the execution ofs said documents and to affix thereon the official seal oft the' Town ofPurcellville, Virginia. 15.2-2108.19 of the Code ofVirginia (1950), as amended. property damaged or destroyed during such work. ort termination hereof. bei required to effectuate the Franchise hereby granted. PASSED THIS 10th DAY OF DECEMBER, 2024. Btlmlerh StanleyJ. lan, Mayor Town of Purcellville ATTEST: Kimberly Bandy, Towy Kiblanu