MINUTES PURCELLVILLE TOWN COUNCIL SPECIAL MEETING WEDNESDAY,JANUARY 8, 2025, 5:301 PM COUNCIL CHAMBERSHERITACE ROOM COUNCIL MEMBERS PRESENT: Mayor Christopher Bertaut, Vicel Mayor Erinl Rayner, Council STAFF: PRESENT: Town Manager Rick Bremseth, Town Attorney John Cafferky, Assistant Town members Susan Khalil, Carol Luke, Ben) Nett, Caleb Stought, Kevin Wright Manager Diana Hays, Town Clerk Kimberly Bandy CALLTOORDER: Mayor Bertaut called the meeting to order at 5:301 PM. The Pledge of Allegiance followed. DISCUSSION BROUGHT FORTH: in an open meeting for transparency. Council: member Wright made a motion for an agenda change, to eliminate the closed meeting and hold it There was a Council discussion and' Town Attorney John Cafferky shared that is not something that would be impermissible, but it was not something that he would recommend, keeping in mind attorney- There was al request that Council member Wright reinstate the same motion which had been seconded and the discussion continued as a question of the interest oftransparency, be that it was the first of some Council members, staff and town manager hearing oft this item with only to understand the reason for (Failed: 3-4, Stought: Aye, Khalil: Nay, Luke: Nay, Rayner: Aye, Wright: Aye; Nett: Nay, Bertaut: Nay) Council member Wright made ai motion toi move: item 6b. (Appointment of newi interim Town! Manager) Council discussed the possible expected outcome oft the vote, there would be no reason that the' Town Manager would remain through aj presentation and all the other action items. There was concern: for the (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke:. Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut:. Aye) As authorized by the Code of Virginia $2.2-3711(A)0), Council member Nett moved that Town Council convene in a closed meeting to discuss and consider the employment of an existing employee of the client privilege. closed session. A vote was taken. toa above the Presentation item immediately after the closed session. presenter's time restraints, which there were: none. CLOSED MEETING MOTION TO GO INTO CLOSED MEETING: public body and to discuss the appointment of an Interim Townl Manager. The following are: requested to attend the closed meeting: All Town Council members Town. Attorney John Cafferky Town Council Special Meeting January 8, 2025 Page2of12 (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: Mayor Bertaut made thei following statement: "We will now go into closed: session upstairs in the Heritage Room and invite all the members oft the audience to. stay in attendance as long as they can. I would also like to announce in advance that this is a hefly agenda that wel have tonight andi ini recognition oft that, there will be. some items that will be moved to our next town council meeting on the 14th.' " Ina accordance with Section $2.2-3712 oft the Code of Virginia, Council member Nett moved that Town Council certify toi thel best of each: membersknowledge, (i)o 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, (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye,] Bertaut: Aye) 6b. Appointment of new interim Town Manager (Moved by motion) Council member Nett moved Mr. Rick Bremseth, effective immediately, be: removed as Town Manager, and Mr. Kwasi Fraser be appointed as thel Interim Town Manager for the' Town Council. Council member Stought requested aj point of order toi include a discussion prior to this vote. Mayor Council member Stought questioned the following items: as noted in the agenda packet it stated' "thata a majority oft the town council wants toi move: forward with a strategic realignment oftown operations" and asked how is that the conclusion reached by the majority and also, how was the nominee for Interim Town Manager selected and werei interviews held. He shared that it not happened from the dais, or convened in a session, with the entirety oft the body. Mayor Bertaut responded that it had occurred over many months in separate discussions with each oft thei individuals who now form the majority on Town Council and those interviews took place individually and it was not undertaken in any sort of spirit of retribution. Fromi this, it was decided that this was the best path forward in order to achieve their goals and objectives, as stated tot the public when running for election. Council member Nett continued there would be an opportunity with thej position vacancy being posted for others to apply and shared there had been numerous informal discussions on a variety of topics with Council member Stought's running mates, with fellow council members past 5-2 majority. Council member Stought provided clarity for thej public, interviews for Interim Town Manager were conducted that were not] public, a nominee was selected ina non-transparent fashion, and four members oft this body arrived with aj pre-decided appointment, into Council member Khalil shared reviewing (town) financial information during her campaign and could not figure out certain things and there could be no explanation fort the existence of those things tol be endorsed by the' Town Manager. She continued in regards tol Mr. Fraser, having several conversations with him, she shared his vision for the town and supported his appointment and noted it was not up tol her Vice Mayor Rayner shared that the process this evening had been unethical and the admission that interviews were. held privately, without the rest of council with no consideration of the future of this town. Aye) CERTIFY' THE CLOSED MEETING: discussed or considered in the meeting by the public body. ACTION ITEM: Bertaut granted two minutes per Council member. which the other three members ofthis body had noi input. individually and a vote would be taken. Town Council Special Meeting January 8,2 2025 Page3of12 She also shared concern that there were no: staff reports on action items tol be voted upon and nol linei item on the agenda fori input from citizens to voicet their concerns. She shared in the past, fori interims, Council member Wright shared no council member was votedi in by ai majority oft the residents of Purcellville, they were voted in by a majority of voters that showed atj polls. He shared Council are here to represent the entire town and residents. Council votes and when action is taken, Council should be looking at all aspects and notj just paying our debt to those that got each elected into office. He shared that this is corruption as defined in the dictionary; predetermined, it was done ahead of time, done behind closed doors. Council member Wright shared this Council was not elected to put the town in bad light. Council member Luke shared being through this several times and to make a change, she agreed with the change and thought it better tol have ani interim ready and then move on with interviews at another time. She shared that this isn't comfortable, but things that have happened have not been comfortable to the majority. She shared it being appropriate and move forward for Mr. Bremseth's sake and fort the town's (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: Rick Bremseth, former Town Manager, requested to speak and shared the following: "As thej former employee oft the town, Iwould like toj just. say af few comments about the team that Iworkedi with. I've been associated with some outstanding, really outstanding teams in my life. They were the best in the nation. And you guys are right up there with them. It's been an honor. It's been a privilege and Isalute you." " interviews are. held and a decision made as an entirel body. sake. Aye) PRESENTATION Presentation ofZoning Ordinance by thel Planning Commission Planning Commission Chair Ron Rise gave the presentation. Hei reported the submittal of the Planning Commission July 10, 2024 draft version of the Zoning Ordinance rewrite by resolution had been given to Council, and' Town Council is to determine next steps and it remains with' Town Council. Planning Commission started approximately three years ago to modernize land use regulations, ensure compliance with state codes, andi implement the vision articulated: ini the 2030 Comprehensivel Plan. He shared the history oft thei rewrite, use of consultants, reference to the Comp Plan when considering the rewrite, Commissioners and staff participation, public hearing held oft the Planning Commission, and the delivery to Council on. July 31, 2024. There was question of the document beingi ini its final form for aj public hearing. Mr. Rise sharedi the zoning ordinance update adoption process encountered a setback on November 13th, 2024, when the Planning Director proposed to Town Council ideas for an alternative zoning ordinance, which was distinct from the Planning Commission's official submitted: zoning ordinance update recommendation from July 31, 2024. He: further stated these proposals appear to contravene Planning Commission resolution per state code 15.2.2285, which stipulates exclusively that the Planning Commission: may present zoning ordinance or amendments to the governing body. By resolving this issue by the Town Council, iti is essential to ensure legal compliance andj prevent further Mr. Rise gave the following recommendations to Council: To: finalize the: zoning ordinance update and uphold the vision of the 2030 Comprehensive Plan, toi recommend the Council take the following actions: Complete updates tot the. July 10th ordinance draft that is currently on the website, verify figure placement, table numbering and cross references are consistent, include existing land development and subdivision control ordinance: from the Muni Code in the appendix of the ordinance, create new delays in the final adoption process of the zoning ordinance update. Town Council Speciall Meeting January 8,2025 Page 4of12 appendices for each legacy district including thel PH2, PDH5, PDH8 and R3A historic office and residential districts approved by motion at thel Planning Commission meeting, confer existing cluster subdivisions with language provided by the town attorney to grandfather status ensuring conformity with original zoning development standards and zoning rights as approved by motion during the. July 31, 2024th meeting, update the use tables approved by thei motion during the. July 31st, 2024 Planning Commission meeting also. For the proposed zoning map, verify proposed zoning mapi reflects the commission's post public hearing amendments, establish ai timeline for review, then public hearing and adoption and monitor: implementation post adoption. Mr. Rise also suggested toj plan a one-year post implementation review to evaluate the ordinance's impact to address emerging issues and also conduct review at a combined Town Council and Planning Commission meeting. His last recommendation, strengthen legal oversight, by requiring the town attorney to review all proposals for compliance with state laws and procedural requirements. Mr. Rise commented thel Planning Commission's proposed zoning ordinance update legally presented by the resolution number 24-07-03 on July 31st, 20241 by unanimous vote represents thoughtful and deliberate approach to slow sustainable growth by modernizing regulations, streamlining processes and protecting personal bills rights. Council had no questions for Planning Commission Chair) Rise. Mayor Bertaut had shared thei item was to VOTE TO CONVENE A PUBLIC HEARING ON THE ZONING ORDINANCE PASSED BY THE. PLANNING COMMISSION IN. JULY,2024 which was deferred with the need tol have a completed, final Zoning Ordinance Draft document tol be presented to Council member Nett moved that The Town Council direct thei interim Townl Manager to delivera Vicel Mayor. Rayner, Council member Stought, and Council member Wright shared this was premature and this was purposely delayed for the new Council members to be: further educated and to alsoi include the professional opinion oft the Planning Director. Council member Wright shared that there are items to bea addressed. Council: member Khalil shared tol be in agreement with the motion. Council member Luke shared decisions were made by Planning Commission which she agreed and Council member Wright shared these should be considered as recommendations to Council. Mayor Bertaut stood by the motion and added that thel last six months as being an attempt to evade the required process set forth in Virginia State Code 15.22285 Section A. The draft zoning ordinance needs a completed draft to be shared asa document to be considered for approval at a public hearing, then be voted on by the Town Council. He further shared at that time, ift the consensus of the' Town Council that there are still flaws and issues, the Town Council can vote to send it back to thel Planning Commission as laid out in state code. Council Member Stought shared: for clarity, who is Council saying is responsible for evading thel law on this process the past six months. Mayor responded it's a shared responsibility of the prior Town Council andi individuals on1 the staff. Council member Stought chose not toj participate in the vote under that (Carried: 4-0-3 Present, Stought: Present, Khalil: Aye, Luke: Aye, Rayner: Present, Wright: Present; Council member Stought requested the floor before moving forward. Mayor Bertaut allowed, he questioned why public comment was not included in this agenda. Mayor responded that this is a special Council. complete draft Zoning Ordinance by January 28, 2025. statement. Nett: Aye, Bertaut: Aye) DISCUSSION BROUGHT FORTH: Town Council Speciall Meeting January 8,2025 Page 5of12 meeting that rarely includes public comment. Council member Stought shared there are. not ordinarily 16 items on a special meeting agenda and Robert Rules refers to time sensitivity items for a special meeting. Mayor shared these are items that majority of Council ran on: and would like ar running start on these items. Mayor also sharedi there will bej public comment ati next regular scheduled meetings. Council member Stought shared iti is wildly unethical that we are holding a' Town Council meeting without public comment and without a single report prepared by the town staff. Therefore, he moved to adjourn. Before a vote was taken, Mayor Bertaut shared a copy oft the Town of Purcellville's Code of Ethics, the (Failed: 3-4, Stought: Aye, Khalil: Nay, Luke: Nay, Rayner: Aye, Wright: Aye; Nett: Nay, Bertaut: Nay) issue claimed being within our Code of Ethics, is not int town Code of Ethics. ACTIONI ITEMS APPOINTMENT OF VICE MAYOR Mayor Bertaut gave the report referencing 2-332, Town Charter, Election of the Mayor, Term ofOffice and Vicel Mayor. He shared Council shall appoint a Vice Mayor to serve in the absence or the disability of the) Mayor. This appointment is for a one-year term and the Vice Mayor will serve during such absence or disability with the same powers and duties given the Mayor in this section. (Discussion by Council commenced with an unstated reference in the agenda packet where there isa Vicel Mayor) Rayner shared thej predetermined action by majority oft this Council infers there is no matters Council member Wright shared a scenario of thej possible conflicts of appointing Council member Nett as as staff member to the Vice Mayor position, ifc disability oft thel Mayor and Town Manager ever exists to carry out duties. John Cafferky, Town Attorney, shared this as having the responsibility for exercising those functions tol keep the town going in the absence ofa and until another town manager or interim town manager was identified. Hei further shared the Vice Mayor wouldn't have complete operational control over the departments and the departments would more or less function with the day-to-day basis with the department heads in place, but ins some way have responsibility over all departments. Council member Nett shared his position was clear, that there have been extensive discussions going back to when he put in for an interim appointment to Council, campaign for office, elected by thej people, discussions withi the executive director oft the Virginia Conflict of Interest and Ethics Advisory Council with state law, the present town attorney has weighed in on some oft these discussions, and he is covered Council Member Luke and Khalil regarding the appointment of Council member Nett to Vicel Mayor that Council: member Stought believed the best candidates on this dais for Vicel Mayor are either Council Member Rayner or Council Member Wright who both can commit time needed with increased responsibility, thej position should be held by someone senior on the council, and the position should be Council: member Luke moved that Town Council member Ben Nett be appointed as Vice Mayor for the motion appointing Council member. Nett as Vice. Mayor.) for her to speak. under statute. he is very knowledgeable and an asset to the Town Council. held by someone who doesn't have the obligations ofa day. job. term ofo one year. Town Council Special Meeting January 8,2025 Page 6of12 (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: DIRECTION TO TOWN MANAGER FOR. Al HIRINGI PROMOTION/TRANSFER FREEZE PENDING STRATEGIC ALIGNMENT OF OPERATIONS (Deferred by the Town Attorney advice given to the Mayor until the 14" of January in need of more information) DIRECT TOWN MANAGER TO: RESEARCH OPTIONS. FOR IMPROVEMENT OF Mayor Bertaut shared' Town Council would like the Town Manager toi research options fori improvements int the grants process and report back to Town Council with his findings by the end of February 2028. Council member Rayner, Stought, and Wright shared concerns for thel lack ofs staff report to this subject Council Member Khalil shared to task the Interim Town Manager to research options for improvements ini the grant process which can only help the process and the grants are: so important tot the' Town's finances. Follow-up needs to continue to happen especially the fact that other towns in Loudoun County are getting money from Loudoun County and Purcellville is not getting anything. She shared the grants process needs improvement. Council member Luke agreed tol have the Interim Town Manager Vicel Mayor Nett moved the Town Council direct the Interim Town Manager to research options for improvement of the grants process and report back to Town Council with its findings. (Carried: 4-0-3 Present, Stought: Present, Khalil: Aye, Luke: Aye, Rayner: Present, Wright: Present; Aye) GRANTS PROCESS matter and hence would not bei informed enough to vote on thisi item. concentrate on grants. Nett: Aye, Bertaut: Aye) TOWN COUNCIL VOTE ON VALLEY COMMERCE, ANNEXATION APPLICATION Mayor Bertaut gave the report referencing page 31 int the: full agenda packet there was an application for annexation submitted to this towni in the second quarter oflast year and that application does not meet specific requirements set forthi in plan Purcellville 2030, which is our comprehensive plan for land usesi in the area where the proposed annexation would occur, andi in addition, public opinion, as measured by a survey of thei residents ofMayfair and some of the surrounding communities, were strongly against this annexation application. He: further shared later in 2024, in a meeting, the' Town Council directed the Town Manager and planning stafft to gather additional information regarding the proposed annexation by means ofal Memorandum ofUnderstanding (MOU) between thet town and the applicant. To this date, no MOU has been completed between those parties. The information sought would not have altered the clear direction given by both the nearby residents and our town residents as a whole and our comprehensive Council member Rayner shared there is no staff report and no backup information. She stated for or against the project, Council has an application before the town and iti is due process. The will ofthe majority voted to give the application its due diligence by allowing them to update water reports and submit an! MOU in October, and our town planning staff was given water studies. Towards November, it was decided by management: and the former Mayor to wait for thel MOUtol be submitted for this new Council. She shared not voting on something that had not been given the due diligence, because of possible legalities, and the need to: follow that proper process. She further shared this is something that plan. shouldn't be voted on until followed completely. Town Council Special Meeting January 8,2025 Page7of12 Vicel Mayor Nett stated the motion. Council member Stought requested a "point of order" to continue Council member Luke shared wanting more information, buti it would not change her opinion or the opinion oft the vast majority of] Purcellville. Thel R3 zoning is wanted and not Industrial and she would Council member Khalil shared the annexation would not be good for the town and thei infrastructure needs to be reviewed. Thel R3 zoning would place less stress on thei infrastructure oft the town ands shei is Council member Stought commented to oppose the project asi it was previously presented to Council. After speaking with residents last summer, he does not believe it's a good fit for the towni for many reasons that have already been stated such as traffic, water, etc. He also shared after directing staffto work on an MOU, he would be concerned ifCouncil moved forward without receiving that MOU.Itis unclear oft the parallel rezoning application for this property at the County, andi ift this were tol be denied by Council, thel Loudoun County Board of Supervisors would have within their prerogative to approve a rezoning for thej property. He again stated to not bei ini favor oft this annexation, and at this time witha lack of staff reports and] lack of communication he would not participate in a vote. Mayor Bertaut shared there were: many staff reports that are on1 the town website, water studies are not needed because the unalignment with the Comp Plan and the County permit will not goi forward in the Council member Luke moved that the Town of] Purcellville reject the Valley Commerce annexation and (Carried: 4-0-3 Present, Stought: Present, Khalil: Aye, Luke: Aye, Rayner: Present, Wright: Present; discussion. Mayor ruled ini favor to continue discussion. not bei in in favor oft the annexation. noti in favor ofthe annexation. present state. transmit the same tot the Loudoun County Board of Supervisors. Nett: Aye, Bertaut: Aye) RESCIND TOWN COUNCIL ACTIONS OFI DECEMBER 10, 2024 REGARDING Mayor Bertaut noted that al brief discussion was. had with thet town attorney and thej published motions are being removed as they are inapplicable. One of the appointments inj particular is contrary to an opinion issued by Virginia's Attorney General: in the year 1980 and the town attorney sent by town email each town council member a copy oft that opinion. In summary iti is not lawful for a' Town Council to appoint an individual to a committee, a commission, or al board in advance ofa vaçancy within that committee, commission, or board (CCB). John Cafferky, Town Attorney, cited Attorney General opinion on1 the matter with two cases which you cannot make prospective appointments which has been thej practice of the Town for years. Previous appointments will stand, but going forward will be handled differently. Council member Rayner confirmed with Mr. Cafferky that Stan Milan's appointment to the Planning Commission could be: rescinded and he confirmed, with also noting other appointed individuals had been appointed to an actual vacancy. She requested and confirmed to receive a1 more current opinion from the Attorney General, with Mr. Cafferky agreeing, ift thei majority of Council would like to do sO. Council member Stought confirmed with) Mr. Cafferky that previous decisions made for CCB members would not become invalid. Council member Rayner and Stought also referenced to the motion made to remove the voting Council liaison for the Planning Commission which created the vacancy, but Mr. COMMITTEES, COMMISSIONS, AND BOARDS Cafferky: noted there was no vacancy until January 1,2 2025. Town Council Special Meeting January 8,2025 Page 8of12 Vicel Mayor Nett moved that Stan Milan's appointment tot thel Planning Commission be vacated on the grounds that his appointment was made in violation oft the Attorney General's opinion issued on October (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: 9th, 1980. Aye) REINSTATE VOTING RIGHTS FOR TOWN COUNCIL MEMBER APPOINTEDTO Mayor Bertaut noted that al brief discussion was had with the town attorney and the shared motion was being restated and this was ai measure to restore voting rights to the Council: member appointed to the Planning Commission. Hes shared the Town Council appoints ai member oft the Planning Commission determined by the Town Charter, which states in section 2-332, one ofthe members may be a member of the council appointed by the council whose term of office shall correspond to his official tenure ofoffice Vice Mayor Nett referenced Virginia Code 15.2-2212, and the Town Charter sections 2-332,2-342A,2- 345A, 2-352A, 2-360 and 2-365 with his noted research the' Town Council member appointed to the Planning Commission is intended by law to be a voting member of thel Planning Commission under Town Code section 2-332 and any attempt to deny voting privilege the appointed town council member to the Planning Commission would violate the intent of State Code 15.2-2212 and Town Code section 2-332. He also shared thet town council member appointed to thel Planning Commission by the Town Council: is not al liaison tot the Commission by the Town Council and State Code 15.2-2212 and' Town Code section 2-332 are quiet on the Mayor serving on the Planning Commission. Vice Mayor Nett further shared that Mr. Bertaut, whose term on the Planning Commission did not expire until midnight December 31, 2024, concurrent with the expiration of his former Town Council member term, may be reappointed to serve as the Town Council appointed voting member to thel Planning Commission at the: first regular meeting of the new year scheduled for. January 14th, 2025. An additional voting member to the current seven- member Commission would violate Town Code section 2-332 and upset the voting quorum on the Council member Rayner shared that the code does say "may" and asked why a Council member should be avoting member and not another citizen instead, who could have another perspective. She noted that otherj jurisdictions do notl have a voting Council: member on their Commission. She requested more thought be given to this item. Mayor Bertaut stated the Town Charter states may appoint a Council member and it is the prerogative of the Town Council to do sO as being a full member of thel Planning Commission to be able to engage: fully. Council member Wright confirmed by removing aj possible citizen to be involved, andj placing it back into a Town Council member. Mr. Cafferky clarified the implication oft this vote would be to Virginia State Code and' Town Charter toj permit, but do not require one ofi its members as a member oft the Planning Commission, it would be up to the Town Council. Vice Mayor Nett moved that the' Town Council rescind the decision taken by the Town Council on October 22, 2024 with respect to the voting rights of the governing body member appointed to the (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: THE1 PLANNING COMMISSION as a Council member. Planning Commission. Planning Commission. Aye) Town Council Special Meeting January 8,2025 Page 9of12 DIRECT THE' TOWN MANAGER TO: INITIATE. Al REVIEW OF THE EMPLOYEE HANDBOOK: FOR VIOLATIONS OF STATEI LAW AND BEST PRACTICES. AS GUIDED BY Mayor Bertaut shared there was a concern brought before Town Council on a stipulation ini recently Council member Rayner requested more information, a staff report, and clarified with the. Assistant Town Manager Diana Hays the handbook mirrored' Town ofLeesburg. She shared not being ready to vote on this. Council member Nett requested the Interim Town Manager, when available, direct attention to the Town ofl Purcellville Handbook to section 10.3.B.1 in violation of statel law specifically Virginia Code 2.2-3107 subsection B,in what he viewed as an apparent attempt to overturn thei results of ai free and fair election by forcing a member ofthis body to choose between his livelihood and his position as a duly elected official. Vice Mayor Nett called upon Council Members Stought, Wright,and Rayner to explain to the public ini the interest oft transparency, their involvement in discussions leading up to ani insertion of this policy which violates state lawi intot the employee handbook and their advocacy fori its enforcement on and before December 10, 2024, despite the fact that enforcement oft this policy would subject the Town of Purcellville to substantial civil liability and may still, as this matter is under active investigation, along Council member Wright shared voting for this handbook in support ofit being reviewed by staff and Town. Attorney with no major concerns at thet time. Purcellville is not the only jurisdiction that has the clause. Hel believed staff didi their due diligence withi the use of common sense and he shared there being no conspiracy tol keep anyone out ofa fair election and to only address a severely outdated document. The Council: member Rayner declared the comments by Mr. Nett as being outrageous accusations andi the manual had been being reviewed: for months and months with the support of] Mayor and Council member Luke. She asked Mr, Cafferky, Town. Attorney, or Dianal Hays, Assistant Town Manager, ifVRSA (Virginia Risk Sharing Association) had reviewed the document. Ms. Hays could not respond directly to that question, and she would have staff be prepared at the. January 28th meeting to speak to questions on the matter. She added this task was assigned many years agot to aj previous employee, consultants were engaged and started with the Leesburg Manual who alsol has the same provision, and then our current Human Resource Director handled it from there. All department heads, Town Manager, and' Town Council member Stought agreed with the comments made by Council members Wright and Rayner regarding accusations from Mr. Nett. He continued regarding the action tol be a good idea for review and to be pursued. Hes shared concern for the lack ofs staff reports and suggested to postpone the motion until Council member Khalil showed concern that the change in thel handbook was made to create a "gut punch" tol Mr. Nett. Ms. Hays disagreed and shared this was to mimic Leesburg's manual. In which, Council member Khalil showed further concern for plagiarizing Leesburg's manual. Ms. Hays requested to compare the twol handbooks. Council member Khalil shared that our policy should be a fresh eye and then have attorney review and have more ownership. She further commented on staff reports taking time and costing money, and thist topic falls inline with the grant process to be reviewed and not task staff directly, but overseen by the Town Manager. Council: member Khalil shared there was a grave errori in Mr. Nett almost losing hisj job. Ms. Hays shared the previous Town Manager did oversee the process and was competent. She also shared that the manual is operational and done by staff, not by Council. THE' TOWN. ATTORNEY revised employee handbook was: not best practice. with other violations of Virginia Code 15.2-1512.2. Council as a whole voted and at the time raised no concerns. Attorney's team had hands on it. the 28 ofJanuary meeting. Town Council Special Meeting January 8,2025 Page 10of12 Council member Luke is ini favor ofar review and to move: forward. Council member Wright shared a concern for the costs oft the Town Attorney to perform the review, asked for an estimate, and Mr. Cafferky shared he makes $330 an hour. Council: member Wright also shared Council member Rayner addressed Council member Khalil's comments and shared local governments like Purcellville size do use other local jurisdictions' books and documents as al basis, which is very normal practice. Also, staff reports are: necessary for transparency for our citizens and government. Her last comment was before spending lawyer time, could wel have VRSA actually look at it ahead of time concern for the expense ofs staff time. and provide comments. Council discussed deferring this item to a future meeting. Council member Stought moved to postpone consideration oft this motion until January 14th, 2025. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) AMEND' THE' TOWN'S' TOWNWIDE TRANSPORTATION PLANTO REMOVE REFERENCES TOI NORTHERN COLLECTOR ROAD (Deferred toi the. January 14", 2025 meeting APORTIONMENT OF MEALSTAX: REVENUE' TO THE UTILITY ENTERPRISE Mayor Bertaut shared thei following statement: "Town of Purcellville does recognize the opportunityto use Meals Tax Revenue to provide relief to residents burdened by Enterprise. Fund debt while addressing the Aisproportionate impact, supporting non-residents who rely on the town as ai regional hubj for educational, commercial, and other public goods ands services. To achieve this, Meals Tax Revenue may be allocated to Enterprise Fund debt under af formal policy that prioritizes equity and fiscal stability. Safeguards should include, number one, capping the annual allocation toj prevent undue strain on the general fund. Number two, requiring ai multi-year forecast to ensure allocations are, sustainable and do notj jeopardize essential town services. Number three, maintaining a contingent reserve policy equivalent to at least 20% of Meals Tax Revenue to buffer against economic variability. This policy not only reduces the financial burden on residents, but also enables the town to recoup resources expended inj providing critical. services to non-residents, ensuring aj fair distribution ofo costs while preserving Purcellville's Council member Rayner showed concern for no staff report and the movement of$1.623 million out of the general fund, destabilizing that, to move over to the utility fund. She questioned what would be done to1 replace that $1.623 million and what services are being rid of? Council member Rayner shared there needed to be inclusion ofs staff on this consideration, more: review for the incoming Council members for Council member Stought shared that staff has recommended against this type of action andi it would negatively impact the Town's credit rating, and willi increase the burden on the citizens because with every dollar of utility rates, there is subsidization with tax revenue. The Town foregoes the significant utility revenue: received from utility users who do not pay taxes such as churches and schools. He concurred with Council member Rayner with there being no staff report, he would not be voting on this for Mayor. Bertaut to research a question and provide an answer) FUND financial health. " budget review, and she could not vote on this. item. Town Council Speciall Meeting January 8,2 2025 Page 11d of12 Council member Khalil shared previous Council voted for double-digit water rate increases, thei meals tax is not due to goi into effect until the next budget on July 1 and with that there are several budget items to be reviewed. There would be noj jeopardizing the services oft the town, the aim is to rid the double-digit rate increases and the budget willl bes scrutinized, for example chargebacks that takes money out ofthe Council member Wright was not ini favor oft this action and showed concern for the urgency ofthis when the budget had not yet been discussed. He: showed concern for taking out money: from the general fund and not knowing the consequences. Chargebacks were: mentioned and] he stated the need to still pay the employee. Also, services would be affected and how could they not be. He stated this would be a good time for public comment and there needs to be a discussion on the percentage, ift this were tol be done. He shared there is a need to make informed and educated decisions. He feels there is corruption present. Vice Mayor Nett commented oni meeting with Liz Krens, Director of] Finance, and Paulal Hicks, Accounting Manager, regarding the budget. He did listen to their advice and also listened to1 the residents oni not being able to sustain double-digit utility rates and would fulfill his promises. He was ready to Council member Luke believed there was not enough hesitation to: raise the water rates and this cannot continue. There needs tol be a way with thel leftover from meals tax, that are being puti ini reserves, tol help Mayor. Bertaut commented on thej points brought forth. This needs tol be done now, and then worked on through the budget process andi is strategic. He shared that every opportunity toi identify savings needs to be done to offset 50% of the annual meals tax revenue collected by thet town. After review oft the budget it could be determined tot take a different percentage, but it would need to be worked on and he would like Vice Mayor) Nett moved that 50% oft the meals tax revenue collected by the town be allocated by policy effective. July 1, 2025 to the Utility Enterprise Fund in order tol help eliminate continued double-digit (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: utility fund. She is in favor of this action. move: forward. the citizens. toj put forth this effort tol help the citizens oft the town. utility rate increases adversely impacting our residents. Aye) INSTITUTION OF A GRACE PERIOD FOR UTILITY PAYMENTS (Deffered to the next RESTORATION OFI HUNTING RIGHTS AT HIRSTRESERVOIR (Deferred to. the next REMOVAL OF COMPENSATORY LEAVE CAP FOR SWORN INDIVIDUALS DIRECTIVE FOR' TOWN MANAGER REGARDING 20251 FIREMANP'S FIELD CONTRACT: NEGOTIATIONS WITH LOUDOUN COUNTY (Deferred to the next meeting) meeting) meeting) DEVELOPMENT OF 21st STREET (Deferred to the next meeting) (Deferred to the next meeting) Town Council Special Meeting January 8, 2025 Page 12of12 ADJOURNMENT: At 8:30PM, Council member Wright moved to adjourn thei meeting, which was unanimously approved. Christopher Bertaut, CEELmRN Mayor Kmardg