MINUTES PURCELLVILLE TOWN COUNCIL MEETING WORK SESSION TUESDAY,JANUARY 28, 2025, 6:00 PM TOWN HALL COUNCIL CHAMBERS COUNCIL MEMBERS PRESENT: Mayor Christopher Bertaut, Vice Mayor Ben Nett, Council members Erin Rayner, Susan Khalil, Carol Luke, Caleb Stought (remote participation due to work travel), Kevin Wright STAFF PRESENT: Interim Town Manager Kwasi Fraser, Town Attorney John Cafferky, Assistant Town Manager Diana Hays, Police Department Deputy Chief Sara Lombrana, Director ofHuman Resources LaDonna Snellbaker, Director of Finance Elizabeth Krens, Director of Planning and Economic Development Summer Wilkes, Director of Public Works Jason Didawick, Director of Engineering and Capital Projects Andrea Broshkevitch, Division Manager Parks and Recreation Amie Ware, Financial Analyst Linda Jackson, Town Clerk Kimberly Bandy CALLTO ORDER: Mayor Bertaut called the meeting to order at 6:00 PM. The Pledge of Allegiance followed. Mayor made the following announcement, "Welcome everyone here to the January 28th work session of the Town Council and just remind everyone we're here to conduct business for the residents of Purcellville. We do conduct orderly meetings and public disruption is not tolerated. All of our meetings are conducted in accordance with Robert's Rules ofOrder. All requests for the floor need to be addressed to the chair oft this meeting. 9 Mayor made the following statement, "Council member Stought will be participating remotely because he's traveling for work and he has met the criteria for Town Council remote policy regarding remote participation and there is no requirement to approve this by vote of the Town Council." ADOPTION OF MEETING AGENDA Council member Nett made the motion to adopt the January 28, 2025 Town Council Meeting Work Session agenda as presented. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) CONSENT AGENDA: a. Approval of January 8 Special Meeting Minutes Council member Rayner moved that the Purcellville Town Council approve the Consent Agenda item 5a. Approval ofthe January 8 Special Meeting Minutes.as presented in the January 28, 2025 Town Council Meeting Work Session agenda packet. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) QUARTERLY REPORTS - COMMITTEES COMMISSION AND BOARDS The quarterly reports from Committees, Commission, and Boards were presented by email to Town Council. Town Council Meeting Work Session January 28, 2025 Page 2 of10 CITIZEN/BUSINESS COMMENTS: Jeff Hedrick, Hirst Farm-Purcellville, shared criticism of the Town Council's majority for lacking integrity and transparency, despite campaigning on those values. He argued that recent actions, such as reassigning committee members, appear retaliatory and hypocritical and specifically called out the appointment of the Vice Mayor, questioning his ethics, past political actions, and alleged self-serving behavior. Mr. Hedrick also highlighted concerns over a past social media controversy and an inflated resume. He confronted and implied that the Council's direction is misguided and lacks accountability. Marlena Bremseth, 16322 Grasmere Place, Round Hill, commented, as the wife of former Town Manager Rick Bremseth, condemned the majority of the' Town Council for what she called an undemocratic and retaliatory decision to terminate her husband. She recounted how former Mayor Fraser and Valerie Curry urged Rick Bremseth to take the Interim Town Manager position, but he then remained independent rather than following Fraser's s direction. She attributed Rick Bremseth's firing to the exposure of financial mismanagement and Fraser's wounded ego. The speaker criticized the majority Council members for lacking integrity, particularly accused some ofl being weak followers, while praised a few for their character and courage. She expressed regret for previously supporting Fraser and vowed to continue speaking out. William Hicks, 144 Upper Heyford Place, shared a metaphor comparing the Town Council's recent actions to Burning Down the House by the Talking Heads, suggesting they have made reckless decisions. He warned against "buyer's remorse," implying that new Council members may have been misled by persuasive rhetoric and one-sided media. Mr. Hicks emphasized the importance of collaboration between Town Staff and the Council, urging leaders to rely on experienced employees rather than assuming they know best. He criticized rigid, narrow-minded leadership and encouraged Council members to listen to all perspectives and make fact-based decisions for the' Town's long-term benefit. Finally, he likened the Council's choices to purchasing a faulty car, suggesting they have been deçeived and should reconsider their approach. Mark Nelis, business owner at 196 North 21st Street, raised concerns about pedestrian safety on 21st Street, particularly the lack of sidewalks near a proposed box culvert project. He urged the Council to ensure sidewalks are included in the design to improve walkability and safety. Additionally, he advised the Council to be mindful when updating the Zoning Ordinance, emphasizing that zoning should align with state law rather than personal preferences. He commended the plan to review the ordinance in a year, noting that such periodic reviews are rare in zoning practices. Beverly Chaisson, a former Council member 110 N. 28th Street, shared criticism oft the recent termination ofTown Manager Rick Bremseth and the appointment of former Mayor Fraser as Interim Town Manager, alleging that the decision was made behind closed doors by the Council majority. She questioned Fraser's ability to represent all citizens fairly, citing his past partisan remarks and criticism of Town Staff and Council members. She also highlighted concerns over Fraser's pro-growth stance and support for data centers, arguing that his leadership may not be impartial in guiding zoning ordinance decisions. Ms. Chiasson pointed out the financial impact of recent decisions, including the loss of a Police Chief and significant budget cuts. Jason Dangler, 411 S. 32nd Street, welcomed the new Council members and Interim Town Manager, acknowledged the difficult financial decisions ahead. He emphasized the need for accountability and budget reductions, noting the Town's $30 million budget for a population of 9,000 and urged cost-cutting efforts. Town Council Meeting Work Session January 28, 2025 Page 3 of10 Beth Goldsmith, 301 W. School Street and Vice Chair of the Board of Architectural Review (BAR), expressed her disappointment and embarrassment over recent Town Council actions. She criticized the conduct at the last Council meeting, noting that even her father in Florida was reading about the controversy. She emphasized the importance of transparency, stating that the BAR will always act as a unified board without behind-the-scenes: decisions. She questioned the selective reassignment of committee liaisons, particularly the removal of Vice Mayor Erin Rayner from the Economic Development Advisory Committee (EDAC) liaison role. She suggested that Councilmember Nett should have shadowed Rayner to maintain continuity in business relationships instead of replacing her. She argued that if changes are necessary, they should apply to all positions, not selectively. Ms. Goldsmith committed to attending future meetings to stay informed and criticized what she perceives as power grabs rather than actions in the best interest of citizens. She concluded by urging the Council to prioritize the Town over personal agendas. Erica Stought, 210 Upper Brook Terrace, criticized the Town Council majority, accusing them of fearmongering, backroom dealings, and appointing allies to key positions while ousting others. She called their actions manipulative and self-serving. Ms. Stought specifically rebuked Vice Mayor Nett's remark that "elections have consequences, arguing that Council actions also have consequences. She contended that the new majority lacks an understanding of civic governance, making uninformed decisions without consulting Town Staff, leading to costly and ineffective reforms. She urged them to approach Staff with humility before attempting changes. Ms. Stought also blamed Valerie Cury, editor ofthe. Blue Ridge Leader, for allegedly controlling Council members and shaping town politics, including influencing the Interim Town Manager. She warned citizens to scrutinize the publication' s bias. She closed with a remark that despite recent discussions, her water rates remain unchanged after 28 days. Casey Chapman, 125 Hirst Road CaseCo LLC, emphasized the need for multifamily housing in Purcellville, citing direct quotes from the Town's Comprehensive Plan to support his argument. He highlighted that the plan encourages infill development, mixed-use areas, and residential options, including affordable multifamily housing, to maintain a balanced land-use mix and a walkable small-town feel. Mr. Chapman criticized the Planning Commission for allegedly manipulating maps to fit their agenda and for disregarding the Comprehensive Plan's intent to allow residential growth downtown. He argued that Purcellville has a housing shortage, with no available inventory for future businesses or residents, and questions what is being done to address the issue. He expressed concern that the current approach--relying on overlays and an independent Planning Commission- excluded citizens and staff professionals, making decisions that do not serve the community's best interests. He asserted that the actions being taken contradict the Town's own Comprehensive Plan. Brian Morgan, 608 Greysands Lane, raised concerns about transparency and potential conflicts ofi interest within the Purcellville Town Council. He emphasized the importance of elected officials honoring campaign promises, specifically calling out Council member Nett for not resigning from the Purcellville Police Department despite stating he would. Mr. Morgan also alleged that Officer Nett attended a Council agenda planning meeting while on duty as a police officer, citing FOIA-obtained police duty logs to suggest that Officer Nett's absence from patrol could constitute a conflict of interest or even dereliction of duty. He concluded by urging a formal investigation into the matter for public safety reasons. Christie Morgan, 608 Greysands Lane, criticized the Town Council for a lack of transparency, particularly regarding the hiring process for the Interim Town Manager. She stated that a FOIA request revealed no records of multiple interviews, contradicting claims made by Council members, suggesting the position was pre-determined for Kwasi Fraser. She also accused the Council ofi improperly discussing Human Resources matters with incoming members before they were officially appointed, warning that Town Council Meeting Work Session January 28, 2025 Page 4 of10 this could lead to legal consequences. Additionally, she questioned the financial strategy behind shifting meals tax revenue to utility funds without a clear plan to address the $1.6 million budget gap. She urged Council members to represent all of Purcellville, notj just their supporters, and criticized their handling of committee assignments, likening it to playground bullying, particularly regarding the removal of Council member Rayner from her role despite her business community involvement. Justin Morrow, 37823 Remington Drive, expressed frustration with the Town Council's lack of transparency and responsiveness. He shared his experience of reaching out via email, receiving responses from some Council members but not others. One new council member even refused to engage via email, stating citizens should just trust the Council. Mr. Morrow criticized the Council for evading questions and not providing clear communication, labeling it as a failure of representative governance. He posed specific questions about the Interim Town Manager's hiring process, asking for transparency about the interviews, candidates, and how the chosen individual stood out. Additionally, he called out Council member Nett for not resigning from the police force as promised during the campaign, questioning his integrity and the Council's accountability. Mr. Morrow concluded by reminding the new Council members that, despite holding a majority, they are outnumbered by the Town's population, signaling that they should be more mindful ofthe public's concerns. MAYOR AND COUNCIL COMMENTS: Council member Rayner expressed frustration with the Town's recent actions under the new Council majority. She highlighted a lack of transparency and poor decision-making, particularly criticizing the firing of the Town Manager and the hiring of a controversial external one, which she felt was unnecessary and costly. Council member Rayner also mentioned that the Council's actions had economic impacts without proper consideration. She compared Purcellville unfavorably to other localities like Leesburg and Middleburg, which have achieved stability and success. She called for more collaboration and solutions to actual problems, rather than divisiveness and disruption. She lamented that her proposals often face opposition, emphasizing the need for the Council to work together for the town's betterment. Council Member Khalil acknowledged the comments made by others but chose not to elaborate on her thoughts, feeling it could be used against her. She emphasized that she ran for the people of the Town and would conduct herself accordingly. Council member Khalil mentioned that there were assumptions being made that were not necessarily true. She shared positive updates from her first meeting with the Parks and Recreation Committee, highlighting the energy and dedication oft the staff, members and residents involved. She also reconnected with Phil Message from the Teen Center, with whom she had previously worked on its founding board. Council member Khalil encouraged sponsorship for local events and directed people to the Town's website for more information on upcoming events and sponsorship opportunities. Council Member Wright thanked the citizens for staying involved and holding the Council accountable, though he expressed doubt that their efforts would lead to meaningful change. He criticized the majority ofthe Council, believing they were counting on citizens losing interest and ceasing to attend meetings. Council member Wright warned that if citizens stop engaging, nothing would change, and he suggested that certain individuals might be trying to eliminate essential services that impact the Town's safety. He emphasized the importance of citizens staying involved, asking questions, and demanding answers from Council members. Council member Wright declared that Council members owe the public explanations for every decision made, even if unpopular, and challenged his colleagues to do the same. He stated that anyone unwilling to provide clear explanations for their actions might not be acting in the Town's best Town Council Meeting Work Session January 28, 2025 Page 5 of10 interest. He urged transparency and accountability, encouraging the public to make use of FOIA to obtain the necessary information. Council Member Luke expressed gratitude for the public's participation, even when their feedback is challenging. She acknowledged that hearing from citizens helps her learn more about herself and values the input. She recognized that everyone has their own opinions and can be stubborn at times, but emphasized that they are all working to do what's best for the Town. Council Member Stought expressed concerns about the lack of transparency and ethical practices surrounding the selection of the Interim Town Manager. He highlighted his unanswered questions regarding the interviews for the position, which included a request for a list of candidates and details about the interviews. Council member Stought also shared that a FOIA request for this information did not yield any answers. He further mentioned that his meeting with the Interim Town Manager only led to more confusion, as the Interim Town Manager contradicted prior statements. Council member Stought proposed bringing the former Town Manager, Mr. Bremseth, back temporarily to maintain continuity and facilitate a smooth transition until a permanent Town Manager is found. Vice Mayor Nett expressed gratitude for the opportunity to tour local facilities and meet with Public Works employees. He also acknowledged the praise from financial and utility advisors regarding the Council's decision to allocate 50% ofthe meals tax revenue to the utility fund, noting that it would favorably impact the Town's credit rating. Vice Mayor shared his personal sympathy for residents struggling with high utility rates and the cost of living, emphasizing his commitment to fulfilling his campaign promises. He also discussed concerns about the local police department, recognizing its struggles and the lack of24-7 coverage, and clarified his stance against eliminating the police department. Lastly, he acknowledged the need for structural changes to improve town operations and thanked attendees for their comments, despite facing personal attacks, and addressed an allegation about fabricating his resume, offering to resolve the matter through email. Mayor Bertaut expressed gratitude to those who attended the meeting, either in person or online, acknowledging that Town Council proceedings can sometimes be dry or intense but are always engaging. He shared his experience attending the Cabin Fever Film Festival, an event sponsored by the Town's Parks and Recreation Department, and encouraged the public to participate in such community activities. Mayor also mentioned a recent discussion with financial advisors regarding utility rate scenarios and how meals tax could be used to offset utility debt. The Council would begin reviewing the fiscal year 2026 budget, focusing on capital improvement projects. He emphasized the Council's responsibility to ensure the safety and welfare of residents and clarified that the Town is not trying to dictate terms to Loudoun County, but rather that Purcellville is a sovereign entity equal to the county. DISCUSSION a. CIP Budget Work Session Mr. Kwasi Fraser, Interim Town Manager, introduced the Capital Infrastructure Program (CIP), also known as the Capital Improvement Program (CIP). He was joined by Andrea Broshkevitch, Director of Engineering, Elizabeth Krenz, Director of Finance, and Jason Didwick, Director of Public Works. He defined Capital Projects as those involving the acquisition, construction, renovation, or replacement of public facilities and infrastructure, with a value exceeding $50,000 and a useful life of over five years. Projects that do not meet these criteria would be included in the operational budget. He then handed the presentation over to Elizabeth Krens. Town Council Meeting Work Session January 28, 2025 Page 6 of10 Director of Finance Ms. Liz Krens discussed the Five-Year Capital Improvement Plan (CIP), which is part ofthe annual budget process. She explained that CIP preparation begins in the summer to apply for interagency funding grants in late summer and early fall. Typically, a CIP work séssion occurs in November, but it was delayed this year to include newly elected Council members. Council input on the CIP plan is needed tonight to finalize the FY26 operating and capital budget inputs for the Interim Town Manager's review. The proposed FY26 budget will be presented to the Council on March 19th, which will start a series of budget work sessions. State law mandates the annual budget adoption before the fiscal year begins on July 1, 2025. Ms. Krens outlined key highlights of the FY26 Capital Improvement Plan (CIP), which includes 13 Capital Projects totaling $9.5 million. General fund projects are fully funded through external sources, while Parks and Recreation projects will proceed only if grants are secured. Water and wastewater utility projects depend on loan funding, except for a PFAS grant. Over the next four years, the plan proposes 19 additional projects costing $36.8 million. The appendix provides further details, including a list of future projects starting in FY21 with a cost of $32 million. She also mentioned funding sources, with general fund and Parks and Rec projects being funded through external sources, and utility projects relying on loans, including aj proposed $10 million loan for the near term and a $24 million loan for FY28-30. Financial Analyst Linda Jackson shared an overview Water Fund CIP includes three projects totaling $1.6 million, primarily funded by loans, with $580,000 from intergovernmental sources for PFAS. Over the next four years, nine projects amounting to $27 million are planned, mostly funded by $26 million in loans. Future projects from FY31-35 include eight projects totaling $10.5 million, also relying on loans due to limited cash availability. Risks of deferring projects include regulatory violations, water quality issues, shortages, and emergency costs. More details, including project breakdowns and risks, are available on pages 26-27 of the packet and on the town website. A color-coded system in the document distinguishes funding sources: yellow for total costs, red for town-funded expenses, and green for external funding. The departments will review the 12 water projects starting on page 8. Director of Engineering and Capital Projects Andrea Broshkevitch presented the Water CIP Projects in detail on a need to have basis; Cooper Springs Raw Water Main Replacement, F Street Water Main Replacement, Holly Lane Water Main Replacement, Million Gallon Tank Rehabilitation, MS-1 Well Replacement, New Finished Water Storage Tank, PFAS Treatment, Short Hill Wells GWTP 200k gpd, Short Hill Wells GWTP Additional 100k gpd, Treatment Upgrade at Hirst Well, Water Treatment Plant Improvements, and Well 6F Water Line. Director of Public Works Jason Didawick added information to the discussions. Ms. Broshkevitch referenced the shared presentation included in the agenda packet with Council interaction and discussion. Financial Analyst Linda Jackson shared an overview oft the Wastewater Fund CIP which includes three projects in FY26 totaling $3.6: million, all funded by loans. From FY27-30, two additional projects totaling $1.1 million will also require loan funding. Future projects include five projects amounting to $5.5 million, again relying on loans due to a lack of excess cash. Risks of deferring these projects include increased sewer backups, regulatory violations, water capacity loss, equipment failures, reduced efficiency, higher operating costs, and safety risks for employees. Director of] Engineering and Capital Projects Andrea Broshkevitch presented Wastewater CIP on Replacement Generators for Plant Phase 1, Screen Replacement, Sludge Storage Facility, Valley Industrail Park Pump Station Upgrades Phase 1, and West End Pump Station. Director of Public Works Jason Didawick assisted in providing more details on projects listed along with Council discussion and questions. Town Council Meeting Work Session January 28, 2025 Page 7 of10 b. Future Town Council Meetings and Agenda Topics Assistant Town Manager Diana Hays gave this report and requested any input. A discussion took place amongst Council regarding the future Town Council meetings which cover several key agenda items. Council member Wright showed concern for the upcoming meeting on February 11, there are action items, including the direction to the Town Manager about hiring and personnel changes, which may be better suited for discussion first rather than immediate action. Concerns were raised about the modification of leave caps for swom individuals, as no prior discussion has occurred. Council member Rayner questioned the Economic Development Advisory Committee (EDAC) bylaws, which were previously approved but are being revisited due to potential changes in the makeup of EDAC. Mayor questioned the other topics for February 11 include the adoption ofthe 2025 personal property tax rates, with a timeline question on when the Council needs to adopt these for county transmission. Additionally, Mayor spoke to a resolution for the initiation oft the Comprehensive Plan review is on the agenda. Director of Planning and Economic Development Summer Wilkes spoke to this question. The Comprehensive Plan must be reviewed every five years, with the next review deadline being June 30, 2025. This review process will ideally begin in spring or summer 2025, and a resolution to kick it offi is being proposed and she would provide a synopsis of this item to Council. For the March 11 meeting, no specific topics were discussed in detail during this session. ACTION ITEMS a. Interim Town Manager Contract and Direction to Human Resources to Begin Process for Job Requisition and Interviews for a Permanent Town Manager Mayor Bertaut introduced this item and Vice Mayor Nett made the following statement: "With respect to the town council's consideration ofthe contract for the interim town manager, as a member ofthe Purcellville Police Department and a town employee, I'm deemed to have a personal interest in the fransaction under the Virginia Conflict ofInterestAct, inasmuch as the interim town manager has the power of appointment and removal over town employees under the town charter and code. The town attorney has advised that the act allows me, nonetheless, to participate in this matter in any resulting votes under Virginia Code 2.2-3112(B)(), since the interim town manager oversees multiple town departments, comprising a group ofmore than three, sO long as I can participate in the matter fairly, objectively, and in the public interest, andfurther provided that I disclose the interest. After careful consideration, I've concluded that I'm capable of discussing and deciding this matter. fairly, objectively, and in the public interest. 3 Vice Mayor Nett moved that the Purcellville Town Council direct the Human Resources Director and Town Attorney to execute the interim town manager contract, as written. Council had a discussion. Council member Wright shared that this item had been tabled at the last meeting and had questioned when the contract had been shared with Council and how decisions were made regarding the details. There were questions on when and how this contract was distributed to all of Council and there was disagreement on how it was handled. Mr. Cafferky, Town Attorney, shared that this type of contract can be derived in a number of ways and there are no specifics on discussion of salary in a closed session. He shared the contract is identical for the interim appointment for Mr. Bremseth. Council member Wright questioned if Mr. Fraser had seen and changed the contract prior to Council Town Council Meeting Work Session January 28, 2025 Page 8 of10 viewing the document. Mayor answered at the same time Mr. Fraser had seen the contract, Council did as well. Council member Wright shared having no impact on this contract and this was out ofthe ordinary. Council member Wright requested the Human Resource Director be brought into this discussion. She continued to share that it was not the same as previous contract because it included aj pay raise. Ms. Snellbaker shared the following; after the January 8th meeting, Mr. Fraser was appointed and began the following day. Ms. Snellbaker coming from the private sector, she expected a contract before someone had access to everything, but Mr. Fraser did not have one. Ms. Snellbaker then used a template from a former interim town manager's contract, making necessary updates and sending it to Mr. Cafferky and the Mayor for review. The process moved forward, and when it was time to complete the I-9 forms for compliance, she sent the necessary documents to Mr. Fraser. The following Tuesday morning, there was a request to adjust the amount in the contract, which the speaker promptly updated. The change came at the request of the Mayor, who also copied Mr. Cafferky. Ms. Snellbaker noted that typically such contractual matters should be handled by Mr. Cafferky, but action was taken because they needed the paperwork to proceed with onboarding Mr. Fraser. Council member Rayner shared that the Mayor does not have authority to adjust a salary with consulting the Council as a whole. Council member Stought pointed out that the Mayor sent the contract to the Town Council via email on January 21st, but during the previous Town Council meeting on January 14th, it was stated that the contract was ready for filing and there was even an attempt to vote on the contract that night. However, the contract was not sent to the entire Town Council until a week later, on January 21st. Council member Stought questioned why it took an additional week to provide the contract to the Council ifit was indeed ready for a vote on January 14th. Mayor Bertaut shared there were edits needed for grammar and other errors. He disagreed with the handling of this process. There was a question asked if under the Interim Town Manager, could personnel decisions be made. Mr. Cafferky shared his view to be that the interim town manager has the authority of the town manager and could make decisions. Council member Stought shared prior to terminating the Town Manager position, this contract should have been discussed and ready. He also concurred with previous statements ofthe Town Attorney should have handled this contract. Previously, Vice Mayor Nett moved that the Purcellville Town Council direct the Human Resources Director and Town Attorney to execute the Interim Town Manager contract, as written. (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: Aye) Vice Mayor Nett moved that the Purcellville Town Council direct the Human Resources Director to begin the process of job requisition and interviews for a permanent Town Manager. Council member Wright questioned who would be involved in this process. Director ofHuman Resources LaDonna Snellbaker shared she would be handling the process like any other hire. She would vet the applications to meet requirements and then share those that qualify with Town Council. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) b. Acquisition of Real Property and Temporary Construction Easement by Condemnation or Other Means (West End 21st Street Culvert) Jordan Andrews, Planner, gave the report. He provided an update on the 21st Street culvert project, covering items 10B and 10C, which are part of the same initiative but are distinct due to their relation to separate properties in Catoctin Meadows. No public comments were received during the public hearing, and the Council had inquiries regarding floodplain reduction and downstream effects. Mr. Andrews explained that the new three-box culvert is designed to reduce flooding upstream and does not impact the downstream side, as confirmed by county floodplain modeling. The inclusion of the culvert is intended to channel floodwaters rather than allow them to seep into properties. The modeling supports that the culvert Town Council Meeting Work Session January 28, 2025 Page 9 of10 will not affect downstream areas, with further details provided in floodplain maps included in the presentation. The project is part of a larger county initiative to submit a letter of map revision to FEMA. Vice Mayor Nett moved that Town Council approve and accept Resolution 25-01-01, 21st Street 3-Box Culvert, approving the public use and directing the acquisition of property for the public use by condemnation or other means. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) C. Dedication of Right of Way and Temporary Construction Easement (East End 21st Street Culvert Jordan Andrews, Planner, gave the report. Mr. Andrews discussed aj parcel of land, one of Suzanne Kane's, which is primarily within the floodplain. He explained that the Town can dedicate the necessary right-of-way independently, but requires Town Council approval to do SO. This action would complement aj previous decision, authorizing the Mayor to sign the deed and the zoning staff to sign the associated plat included in the packet. Vice Mayor Nett moved that Town Council approve and accept the deed of dedication, easement, and vacation, ESMT-2404, offered in the attached documents to the staff report, and authorize the Mayor to sign any and all documents accordingly. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) d. VOTE TO CONVENE A PUBLIC HEARING ON THE ZONING ORDINANCE PASSED BY THE PLANNING COMMISSION IN JULY 2024 Mayor Bertaut opened this item with having a previous discussion with the Town Clerk and Town Attorney regarding dates for the public hearing. The Town Attorney and staff discussed scheduling a public hearing on the zoning ordinance passed by the Planning Commission in July 2024. Due to timing concerns with legal review which included editorial changes and the necessary advertising, it was proposed to hold the public hearing on March 11th. The legal review should be completed by February 17th, and the document should be sufficiently finalized for public notice. There was a discussion about converting the red-line version of the zoning document into a clean version for easier legal review. Additionally, staff recommended omitting a procedural error in the zoning ordinance regarding the approval of special use permits by the Board of Zoning Appeals, as it should be the Planning Commission's responsibility. Council member Luke moved to incorporate staff's formatting and administrative edits to the Planning Commission's zoning ordinance passed in July 2024. Council member Rayner shared that Director Wilkes should give and finish her presentation on recommendations of the Zoning Ordinance rewrite. Mayor Bertaut shared the planning staff clarified that what has been previously presented to the Town Council was not a complete zoning ordinance, but rather a series ofideas for potential inclusion. These ideas have not been formally adopted or integrated into the zoning code as required by state law. The Mayor emphasized that the process outlined in Section 15.2-2285 of the state code, which governs the preparation, adoption, and amendment of zoning ordinances, must be followed. This process also includes an appeal procedure, which has not yet been addressed in the current drafts. Council member Stought shared that Director Wilkes should be able to present and especially to the new Council members. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) Council member Luke moved to incorporate staff's recommendation to omit the phrase accessory dwellings are permitted by special use permit approved by the Board of Zoning Appeals in the Town Council Meeting Work Session January 28, 2025 Page 10 of10 first paragraph of section 2.7.1 on page 39 of the Planning Commission's zoning ordinance passed in July of 2024. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) Council member Luke moved to convene a public hearing on March 11th, 2025, for the Zoning Ordinance passed by the Planning Commission in July of 2024, including the staff's edits and recommendation approved at the January 28th, 2025 Town Council meeting. (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: Aye) Council member Stought requested that Director Wilkes be able to complete her presentation to Council and Mayor Bertaut requested to send an email regarding this item to be placed on the February 11th agenda. ADJOURNMENT: With no further business, Council member Luke made a motion to adjourn the meeting at 9:30PM which was unanimously approved. CAEL m. Au Christopher Bertaut, Mayor Kimberly Bandy Tow n Clerk KibayBandg Interim Town Manager Mayor Kwasi Fraser Christopher Bertaut Town Assistant Town Manager Diana Hays Council 221 S. Nursery Avenue Susan Khalil artMille Virginia Carol Luke Purcellville, VA 20132 Ben Nett wwwpureelivllevagoy Erin Rayner Caleb J. Stought Kevin B. Wright TOWN OF PURCELLVILLE IN LOUDOUN COUNTY, VIRGINIA RESOLUTION NO. 25-01-01 PRESENTED: JANUARY: 28, 2025 ADOPTED: JANUARY: 28. 2025 A RESOLUTION: APPROVING THE PUBLIC USE AND NECESSITY OF ACQUIRING CERTAIN REAL PROPERTY INTERESTS AND AUTHORIZING THE ACQUISITION THEREOF BY EMINENT DOMAIN FOR THE 21st STREET 3-BOX CULVERT PROJECT. WHEREAS, pursuant to SS 15.2-1901(A), 15.2-1904(A), and Chapter 3 of Title 25.1 (Sections 25.1 et seq.) of the Code ofVirginia (1950), as amended ("Code"), and other applicable law, the Town of Purcellville, Virginia ("Town"), has the authority to exercise the power of eminent domain (condemnation) when deemed necessary for a public use; and WHEREAS pursuant to $ 15.2-1903 (B) of the Code, prior to initiating condemnation proceedings, the Town must adopt ai resolution approving the public use and directing the acquisition of property for the public use by condemnation or other means; and WHEREAS the Town of Purcellville Town Council ("Council") has previously approved certain public improvements associated with the 7/690 Interchange Project ("Project") for the public purpose of constructing, operating and maintaining public roadways; and WHEREAS the Project is a Loudoun County capital improvement project included in the Town's 2009 Transportation Plan and 2030 Comprehensive Plan; and WHEREAS pursuant to $ 1-219.1 of the Code, public roadways and stormwater facilities are a defined public use; and WHEREAS the Project requires the acquisition ofa temporary construction easement depicted in Exhibit A herein ("Property Interests") for the construction, maintenance, and operation oft the proposed 3-box culvert; and WHEREAS the Town reviewed the Property Interests for the purpose of complying with $ 1- 219.1 ofthe Code and the proposed Property Interest acquisitions include no more property than what is necessary to construct the Project; and WHEREAS prior to initiating the condemnation procedures set forth in Title 25.1 ofthe Code, the Town must comply with $ 25.1-204 and subsection 25.1-417 (A)(I), which require bona fide but ineffectual efforts to purchase the Property Interests. NOW, THEREFORE, BE IT RESOLVED: 1. That the above recitals shall form an integral part of this resolution and are incorporated by reference herein. 2. That the Town approves the 21st St. and South Fork Catoctin Creek 3-box culvert as a public use. 3. That pursuant to S 1-219.1 of the Code, the Town finds that the Property Interests depicted in Exhibit A, are necessary for the construction, maintenance, and operation of the Project. 4. That an appraisal will be conducted by a licensed appraiser to determine the just compensation due to the landowners, or their successors and assigns, for the Property Interests depicted in Exhibit A. 5. That it is necessary to acquire the Property Interests and enter upon the Properties prior to the completion of condemnation proceedings because there have been bona fide but ineffectual offers made to the landowners and to begin construction of the Project, mitigate escalating Project costs, and adhere to the Project schedule. 6. That the use of condemnation, including the Certificate ofTake ("quick take") procedures set forth in $8 25.1-300, et seq. ofthe Code, is hereby authorized to acquire the Property Interests depicted in Exhibit A, subject to payment ofjust compensation and the procedural requirements under Virginia law. 7. That Town staff, its contractors, agents, and attorneys are authorized and directed to continue to negotiate in good faith to purchase the Property Interests. 8. That in the event satisfactory agreement(s) to purchase the Property Interests cannot be reached, the Town Attorney or his designee is authorized and directed to acquire the Property Interests for public use by condemnation, and to institute and conduct legal proceedings to acquire the Property Interests in the manner authorized and provided by Chapter 19 of Title 15.2 (SS 15.2-1900 et seq.), and Chapters 2 and 3 of' Title 25.1 (SS 25.1-200 et seq. and 25.1-300 et seq.) oft the Code. 9. That the Town Manager, or his designee, is hereby authorized and directed to deposit with the Clerk of the Circuit Court ofLoudoun County, to the credit of the landowner shown in Exhibit A, or the landowner's successors and assigns, the applicable just compensation for the Property Interests to be acquired and simultaneously record certificates of take for each ofthe acquisitions with said Clerk. 10. That the Town Manager, or his designee, shall comply with the notice provisions of $ 25.1-306 of the Code both before and after reçordation of the Certificate of' Take. 11. That prior to and following the filing ofa Certificate ofTake, the Town Manager, or his designee, is authorized to negotiate a voluntary purchase or settlement with the affected landowner, its successors and assigns, for the Property Interests acquired, subject to approval by the Town Council. 12. That this resolution is effective immediately upon adoption. 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