MINUTES PURCELLVILLE TOWN COUNCIL MEETING TUESDAY,JANUARY 14, 2025, 6:00 PM TOWN HALL COUNCIL CHAMBERS COUNCIL MEMBERS PRESENT: Mayor Christopher Bertaut, Vice Mayor Ben Nett, Council members Susan Khalil, Carol Luke (arrival at 6:07pm), Erin Rayner, Caleb Stought, Kevin Wright STAFF PRESENT: Interim Town Manager Kwasi Fraser, Town Attorney John Cafferky, Assistant Town Manager Diana Hays, Police Department Chief Barry Dufek, Director of Administration Darya Thompson, Director ofl Human Resources LaDonna Snellbaker, Director ofFinance Elizabeth Krens, Assistant Director of Finance Connie LeMarr, Director ofPlanning and Community Development Summer Wilkes, Director of Public Works Jason Didawick, Director of Engineering and Capital Projects Andrea Broshkevitch, Division Manager of Parks and Recreation Amie Ware, Planning Manager Boyd Lawrence, Planner Jordan Andrews, Town Clerk Kimberly Bandy CALL TO ORDER: Mayor Bertaut called the meeting to order at 6:02 PM. The Pledge of Allegiance followed. AGENDA AMENDMENTS Mayor Bertaut requested to add an item as item 11h. Approval of Contract for Interim Town Manager. Council member Rayner requested to remove the following items from the agenda: 11c. (AMEND THE TOWN TRANSPORTATION PLAN TO REMOVE REFERENCES TO NORTHERN COLLECTOR ROAD) and 11g. (DIRECTIVE FOR TOWN MANAGER REGARDING 2025 FIREMAN'S FIELD CONTRACT NEGOTIATIONS WITH LOUDOUN COUNTY), Council member Wright second, and a friendly amendment by Council member Stought made a friendly amendment to also include for removal for no staff reports 11d. (INSTITUTION OF A GRACE PERIOD FOR UTILITY PAYMENTS) and lle. (RESTORATION OF HUNTING RIGHTS AT HIRST RESERVOIR). Vice Mayor Nett requested to move forward on the agenda as is. Khalil questioned that 11c and 11g were only for fact finding from the Town Manager Council member Rayner moved to remove items 11c. (AMEND THE TOWN TRANSPORTATION PLAN TO REMOVE REFERENCES TO NORTHERN COLLECTOR ROAD), 11d. (INSTITUTION OF A GRACE PERIOD FOR UTILITY PAI YMENTS),lle. RESTORATION OF HUNTING RIGHTS AT HIRST RESERVOIR), 11f. (DEVELOPMENT OF 21st STREET) and 11g. (DIRECTIVE FOR TOWN MANAGER REGARDING 2025 FIREMAN'S FIELD CONTRACT: NEGOTIATIONS WITH LOUDOUN COUNTY) because there are no staff reports to support these action items. (Failed: 3-4, Stought: Aye, Khalil: Nay, Luke: Nay, Rayner: Aye, Wright: Aye; Nett: Nay, Bertaut: Nay) Town Council Meeting January 14, 2025 Page 2 of14 Mayor Bertaut moved to add an item as item 11h. Approval of Contract for Interim Town Manager. Several Council members requested to review the contract prior to voting. (Failed: 1-6, Stought: Nay, Khalil: Nay, Luke: Nay, Rayner: Nay, Wright: Nay; Nett: Nay, Bertaut: Aye) There was a discussion that the Interim Town Manager will receive retroactive pay from his start date as appointed. ADOPTION OF MEETING AGENDA Council member Wright made the motion to adopt the January 14, 2024 Town Council Meeting agenda as amended. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) CONSENT AGENDA: a. Approval of December 10, 2024 Town Council Special Meeting Minutes b. Approval of December 10, 2024 Town Council Meeting Minutes Vice Mayor Nett moved that the Purcellville Town Council approve the Consent agenda item 5a. and 5b.as presented in the. January 14, 2025 Town Council Meeting agenda packet. (Carried: 6-0-1 Abstain, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Abstain, Bertaut: Aye) RECOGNITION: Officer of the Year 2024 - Officer Carl Benjamin Nett Mayor Bertaut gave the recognition for Officer Nett. PUBLIC HEARINGS: a. A Telecommunications Site Lease Agreement for a portion of the Town-owned Water Tower property located at 311 N. Maple Ave Mayor Bertaut opened the public hearing at 6:15PM. Boyd Lawrence, Planning Manager, gave the introduction and background of the public hearing item. Staff and legal counsel have negotiated a lease renewal with CELLCO Partnership, doing business as Verizon Wireless, to amend and restate the original lease agreement dated October 17, 2003, for a portion ofTown owned property at 311 North Maple Avenue. The new lease will allow Verizon Wireless to retain its use of approximately ten feet of vertical space along the perimeter of the water tower, and to occupy 700 square feet ofland within the existing ground equipment compound. The term of the new lease is proposed to be for five years from the effective date of the agreement. Staff recommended approval of this agreement. Mr. Lawrence shared there were no previously Town Council Meeting January 14, 2025 Page 3 of14 submitted comments from the public hearing advertisement and there were no public comments shared during the hearing. Council had no comments. The public hearing was closed at 6:28PM. b. Approval of Public Use, Necessity, and Acquisition of Real Property and Temporary Construction Easements for Public Use - N. 21st Street and S. Fork Catoctin Creek Three-Box Culvert Mayor Bertaut opened the public hearing at 6:29PM. Jordan Andrews, Planner, gave the introduction of the public hearing item. He shared the County has secured the necessary approvals and land acquisitions for the construction of the Route 7/690 Interchange and through the project review process, the Town requested the addition of a 3-box culvert to be constructed beneath North 21st St. In the County's Floodplain Alteration Plan (FPAL), it shows the proposed 3-box culvert to reduce the Town's 100-year floodplain area by approximately .87 acres, or 37,897 SF. Additionally, the inclusion ofthe improved culvert would serve to reduce the potential hazard of over-roadway flooding during significant events. To facilitate the construction and installation of the proposed 3-box culvert, additional necessary Right of Way (ROW) and temporary construction easements along the intersections of N. 21st St. and the South Fork Catoctin Creek are needed. The subject of this public hearing is the acquisition of the ROW and easements on the Western side ofN.2 21st St., located within common Parcel A of Catoctin Meadows Homeowners Association (CMHOA). The requested action oft the Town Council is to authorize the potential filing of a Certificate of" Take for the 2,711 SF of ROW and 5,309 SF of temporary construction easement, should ongoing voluntary offers of resolution to CMHOA prove unsuccessful. Ifthe acquirement is approved, the County will construct a 3-box culvert at no cost to the Town. There were no citizen comments. Council had a discussion on the item. The public hearing was closed at 6:37PM. Action taken on the public hearing for "A Telecommunications Site Lease Agreement for a portion of the Town-owned Water Tower property located at 311 N. Maple Ave" Council member Stought shared, given that the proposed Water Tower Communications Site Lease Agreement with CELLCO Partnership is similar to existing contracts with similar terms that have been approved after a public hearing, and given that no speakers for or against this lease agreement spoke at tonight's public hearing, he moved that the Town Council suspend the rule against to take action on a matter on the same night as the public hearing. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) Council member Stought moved that the Town Council approve the Water Tower Communications Site Lease Agreement with CELLCO Partnership, and authorize the Town Manager to execute the Lease Agreement on behalf oft the Town. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) Town Council Meeting January 14, 2025 Page 4 of14 COMMUNITY HIGHLIGHTS Interim Town Manager Kwasi Fraser made mention this was a new section added to recognize staff. Mayor Bertaut shared the following, "This week our Planning and Engineering teams signed off on the occupancy, permit for Panera Bread. The grand opening and ribbon cutting ceremony. is scheduledfor Wednesday, February 5 at 10:30. AM. Congratulations to our Engineering and Public Works teams for reaching substantial completion status on the Purcellville Reservoir Rehabilitation project afier two years. The reservoir was constructed with ai multi-level intake structure to allow operators to withdraw water with the best quality. from different depths. The intake itselfhad become structurally unstable and needed. replaced. The new intake adds storage capacity to the system and has a useful life of25-50 years. 1 CITIZEN/BUSINESS COMMENTS: Michael Parish, 209 Miles Hawk Terrace, shared comments on being in favour of Council negating the proposed annexation and to removing the Northern Collector Road from the transportation plan. Stan Milan, 232 East Skyline Drive, shared comment on the January gth Town Council Special Meeting and is concerned on the action and process taken with removing the Town Manager. He addressed each Council member and questioned how each were involved. Harvey Flynn, 220 W.F Street, shared he has been a resident since 1982 and this was the worse Town Council he has seen. He is concerned about how Council gets along and how are they to support the citizens and asked how the Town Manager was terminated. Mary Jane Williams, 313 Locust Grove Drive, shared comments on disrespect from current Council members and how she was treated as a Council member. She reminded Council how the interim Town Manager process worked in the past, she requested an apology from Council on the Personnel Handbook, questioned how staff reports are not needed, and the utility bills are handled fairly by staff. She did not agree with Council removing money from the General fund to pay off debt ofthe utility fund. Christie Morgan, 608 Greysands Lane, shared comments on the last meeting and did not agree of the process followed by the members of Council in removing the town manager and replacing him with someone whose decisions has cost our town millions of dollars. She shared campaign promises were not being fulfilled and not agreeing with current Council decisions. Ms. Morgan shared she would gladly sign a petition of a formal recall ofthe majority and she had submitted a FOIA request on business being conducted prior to the last meeting. Justin Norbo, business owner 441 E. Main Street Norbo Dental, shared concern of the proposed Norbo Development Project which began two years ago and has submitted to the town three times. He is concerned regarding the new proposed Zoning Ordinance. Jason Brownell, business owner, shared comments on the proposed Norbo Development Project which began three years ago and the proposed Zoning Ordinance that will be voted upon and possible effects on this project. This has been a supported project for several years and whe would appreciate clarity from this Town Council. Erica Stought, 210 Upperbrook Terrace, shared comments on the new Interim Town Manager placement, referred to previous law suits and the importance for staff reports in the agenda packets. She has not noticed a lower water bill and referenced campaign promises. The majority Council still must answer to all citizens of Purcellville. Town Council Meeting January 14, 2025 Page 5 of14 Joan Lehr, 824 Woodbine Court and business owner, shared she has a lot at stake with the current Council who should be serving all. She shared that Council member Nett ran on resigning as a Police Officer. She commented as a former Council member and how Council members should all get along and she did not agree with removing Mr. Bremseth and replacing him with Kwasi Fraser. Beverly Chiasson, 110 N 28th Street, shared comment on Mr. Frazier as previous Mayor and past dealings with town staff and an email sent from him to Ms. Chiasson regarding expenses incurred on legal issues. She mentioned running for Mayor in 2020 and commented on backroom deals and discussions. Steve Epstein, 17273 Pickwick Drive, shared comments made at the Town Council special meeting on January gth where the process ofremoving the Town Manager and choosing an Interim Town Manager were made amongst a few Council members without open discussion. He stated majority of people ofthis town did not elect an agenda, they elected individuals with an expectation of responsible governance. MAYOR AND COUNCIL COMMENTS: Council member Stought thanked attendees and expressed concern over the actions and comments made at the January 8th meeting. He cautioned against using intimidating language toward staff and stressed the importance ofl heeding legal and financial advice to avoid lawsuits and bankruptcy. He criticized the lack of transparency surrounding the decision to terminate Mr. Bremseth and appoint Mr. Frazier as Interim Town Manager. He noted that interviews for the position occurred over several months, excluding himself, Council Member Rayner, and Council Member Wright. He called for full disclosure of the candidates interviewed, along with the dates, times, locations, and participating Council members. Councilmember Wright thanked citizens for their involvement and questioned who would become the permanent town manager given the current situation. He expressed concern over the town's S reputation, stating that years of rebuilding trust had been undone. He urged residents to stay engaged and raised financial concerns, highlighting the unexplained movement of$1.6 million in meals tax from the general operating budget and an additional $180,000 in car tax relief. Council member Wright warned that inflation must be considered and that raising real estate and personal property taxes may be necessary, as finding the funds without cutting services or staff would be difficult. Council Member Rayner thanked citizens for their input and referenced the Town Council's mission statement, arguing it was not upheld in recent actions. She criticized the handling of a special meeting requested by the Mayor, the removal of citizen comments from the agenda, and the omission of staff reports. She expressed concerns that key decisions, including the firing of the town manager and hiring of an interim town manager-a former mayor and campaign supporter--were: made without proper research or transparency. Rayner emphasized the Council's duty to act thoughtfully and responsibly in the best interest ofa all Purcellville residents. She also criticized the lack of preparation time for Council members and the public, stating that last-minute decisions undermined representative democracy. Additionally, she accused the Mayor' s team of meeting privately over: months to conduct interviews for an interim town manager without involving three Council members, alleging this violated open meetings laws and calling for an investigation, including FOIA requests for related communications. Council Member Khalil addressed misconceptions and inaccurate conclusions being made, emphasizing her independent thinking and analytical approach. She thanked her voters and reaffirmed her Town Council Meeting January 14, 2025 Page 6 of14 commitment to lowering utility bills, scrutinizing town finances, opposing unnecessary annexations, revitalizing 21st Street, and improving transportation. She expressed appreciation for community engagement and acknowledged those who have reached out with input. Khalil also extended thoughts and prayers to those affected by devastation on the West Coast, praised the town's snow removal crew for their efficiency, and commended the American Legion for a successful chili cook-off. Council Member Luke thanked the citizens for their attendance and shared it isn't all as represented and hopes to make the town better. She loves Purcellville and has a business in town with being here 22 years. She shared the town is not without problems and there are serious things to be addressed and needs to be done with daylight and less attitude. Vice Mayor Nett recounted witnessing a town staff member greet the interim town manager in what he considered a hostile and unprofessional manner. He also expressed concern that a department head's S mention of a large expected turnout at the meeting was an attempt to pressure the council. He welcomed all attendees, reaffirming the council's s commitment to transparency and serving the community, even amid disagreements. He emphasized that their actions align with campaign promises and invited open dialogue with residents. Vice Mayor also criticized what he saw as biased media coverage and personal attacks, particularly on social media, and questioned whether respect for town staff extends to those with differing viewpoints. He reaffirmed his dedication to addressing issues like high water bills and stated that no opposition would deter the Council's work. Mayor Bertaut thanked attendees for their engagement and emphasized his respect for differing perspectives. He clarified that zoning applications in progress under current regulations will remain valid even if a new ordinance is passed. He also refuted a claim that candidates cannot discuss future plans, stating that Virginia FOIA law only restricts meetings of more than two members of a public body without public notice. He assured that the Council did not meet privately with the Interim Town Manager. Additionally, he affirmed that campaigning candidates are free to meet as they wish. Finally, he reiterated his commitment to advancing the town' S best interests in line with his campaign vision. ACTION ITEMS a. Appointment of Council Liaisons to Committees, Commission and Boards (CCBs) Mayor Bertaut introduced this action item, clarified that Council may choose to appoint a Council liaison to a CCBs to assist them in moving forward with their initiatives and commented that there would be no appointment of a liaison, like done in the past, to one of the boards. (Board of Zoning Appeals) Vice Mayor Nett did make a motion to appoint Council member Khalil to the Board of Architectural Review (BAR) where there was no second and a friendly amendment was made by Council member Luke whom stated she would like to remain on the BAR. Vice Mayor Nett asked if anyone else would like to serve on the BAR and with no comment he proceeded. Vice Mayor Nett moved that the Town Council appoint Council member Luke to serve as Council liaison on the Board of Architectural Review (BAR) through December 31, 2025 or Town Council Meeting January 14, 2025 Page 7 of14 until a new appointment has been made by the Town Council. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) Council member Wright moved that the Town Council appoint Council member Rayner to serve as Council Liaison on the Economic Development Advisory Committee (EDAC) through December 31, 2026 until a new appointment has been made by the Town Council. (Paused vote, Stought: (no vote), Khalil: (no vote), Luke: Nay, Rayner: Aye, Wright: Aye; Nett: Nay, Bertaut: (no vote)) Council member Rayner requested to pause vote and reminded the Mayor that she had requested to stay on EDAC. She asked why there were negative votes on this appointment. Council member Wright and Council member Stought strongly supported Council member Rayner to this committee. Council member Luke believed that other people could add a new perspective. Council member Wright moved that the Town Council appoint Council member Rayner to serve as Council Liaison on the Economic Development Advisory Committee (EDAC) through December 31st, 2026 until a new appointment has been made by the Town Council. Vice Mayor Nett shared he was interested in this position. (Failed 3-4: Stought: Aye, Khalil: Nay, Luke: Nay, Rayner: Aye, Wright: Aye; Nett: Nay, Bertaut: Nay) Council member Luke moved that the Town Council appoint Council member Nett to serve as Council liaison on the Economic Development Advisory Committee (EDAC) through December 31, 2025 or until a new appointment has been made by the Town Council. Council member Wright requested a discussion. Council member Rayner shared being disappointed in this and she shared making much head way with this group. Council member Wright asked what experience Mr. Nett had for this position and he did not recall anything of running a commercial business. Council member Stought reiterated that Council member Rayner is the best choice and no one else had the experience that she has from the dais. Council member Khalil recognized and commended Council member Rayner' S experience and is in favor of a change. Vice Mayor Nett shared reviewing EDAC's powers and focus should be shifted and would welcome input from others. He pledged to work to support our businesses and citizens through special events, tourism, and focus on streamlining, documenting and applying metrics to the current town processes to make getting permits for business expansions and business startups predictable. Mayor agreed that Vice Mayor Nett would provide valuable new perspective to the group. (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: Aye) Council member Luke moved that the Town Council appoint Council member Khalil to serve as Council liaison on the Parks and Recreation Advisory Board (PRAB) through December 31, Town Council Meeting January 14, 2025 Page 8 of14 2025 or until a new appointment has been made by the Town Council. Council member Rayner shared that Council member Stought should stay on PRAB and has developed a good relationship with the group. Council member Stought requested to remain on this board and that community events, Music and Arts Festival, Food and Wine Festival, Fall Festival, the parades, are all an important part of what contributes to Purcellville's small town feel and sense of community and he would like to continue working on this board. Council member Khalil shared the Parks and Rec's liaison is very attractive to her as a dynamic committee, and the involvement between the town and the other sponsors within the town, in which she has experience and could contribute to the committee. Council Member Luke shared it is a benefit for councilmen to be involved in other committees. (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: Aye) Council member Stought, Rayner, and Wright removed themselves from Council Chambers. Vice Mayor Nett moved that the Town Council appoint Mayor Bertaut to serve as Council member on the Planning Commission through December 31, 2026. (Carried: 4-0-3 Absent, Stought: Absent, Khalil: Aye, Luke: Aye, Rayner: Absent, Wright: Absent; Nett: Aye, Bertaut: Aye) Council member Luke moved that the Town Council appoint Council member Wright to serve as Council liaison on the Purcellville Arts Council through December 31, 2025 or until a new appointment has been made by the Town Council. (Carried: 4-0-3 Absent, Stought: Absent, Khalil: Aye, Luke: Aye, Rayner: Absent, Wright: Absent; Nett: Aye, Bertaut: Aye) Vice Mayor Nett moved that the Town Council appoint Council member Stought to serve as Council liaison on the Tree and Environment Sustainability Committee through December 31, 2025 or until a new appointment has been made by the Town Council. (Carried: 4-0-3 Absent, Stought: Absent, Khalil: Aye, Luke: Aye, Rayner: Absent, Wright: Absent; Nett: Aye, Bertaut: Aye) Council member Luke moved that the Town Council appoint Council member Rayner to serve as Council liaison on the Train Station Advisory Board through December 31, 2025 or until a new appointment has been made by the Town Council. (Carried: 4-0-3 Absent, Stought: Absent, Khalil: Aye, Luke: Aye, Rayner: Absent, Wright: Absent; Nett: Aye, Bertaut: Aye) b. DIRECT THE TOWN MANAGER TO INITIATE A REVIEW OF THE EMPLOYEE HANDBOOK FOR VIOLATIONS OF STATE LAW AND BEST PRACTICES AS GUIDED BY VIRGINIA RISK SHARING ASSOCIATION Vice Mayor Nett moved that the interim Town Manager initiate a review oft the employee handbook for violations of state law and best practices as guided by the Virginia Risk Sharing Town Council Meeting January 14, 2025 Page 9 of1 14 Association. Council member Khalil requested to include, and to seek guidance from VRSA on annual compliance training for the employees, to alleviate risk and benefit us. Director of Human Resources LaDonna Snellbaker shared there was compliance already in place with NeoGov. Council member Stought, Rayner, and Wright returned to Council Chambers. Council member Rayner questioned if VRSA had a chance to review the handbook. Ms. Snellbaker commented that VRSA is going to review the revised handbook because ofthe recent change from the Attorney General and it will not be completed until April, and to expect a mid- May timeline to be able to release it to the employees. The motion was re-read. (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: Aye) C. AMEND THE TOWN TRANSPORTATION PLAN TO REMOVE REFERENCES TO NORTHERN COLLECTOR ROAD Mayor stated that the agenda packet was outdated regarding the amendment to remove references to the Northern Collector Road from the town transportation plan. Following a discussion with the town attorney, the matter will be referred back to the Planning Commission to be processed as an amendment to the Comprehensive Plan. The Planning Commission will hold a public hearing before making recommendations to the Town Council, which will also conduct its own public hearing before making a final decision. Mayor moved that the Town Council direct the Interim Town Manager to initiate and pursue the steps necessary to see that the Town of Purcellville Town-wide Transportation Plan be amended to remove references to the Northern Collector Road. Council member Wright showed concern for this motion not being open to public comment on its action. Council member Rayner reiterated that Mayfair Crown slash Northern Collector Road is not going through, the easements were given back, Director of Engineering and Capital Projects could speak to it at length because of no staff report. She shared removing this without a transportation study is illogical and could be reversed. She believed this is premature. Council member Stought commented the road is not going through on the counsel of our attorney, the easement itself was null and void because there was language in the easement that said the purpose oft this easement is to build a road and then we then vacated that easement officially. He did not see the benefit to making a one-off ad hoc change to our transportation plan without a study and without fully understanding the impact and the ramifications. Council Member Khalil shared there shouldn't be any objection to having it removed and there's no question going forward and future Council would not be open to somebody trying to resurrect it. Council Member Luke commented that the county wanted this, that it is on the town, that we make that change. Town Council Meeting January 14, 2025 Page 10 of14 Mayor added the purpose ofthis motion is to remove references to the Northern Collector Road from our town-wide transportation plan in order to pave the way, SO to speak, for the county to remove it from their own transportation plan and therefore to make it a complete dead issue. It is not dead until it's gone. from the County's transportation plan. (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: Aye) d. INSTITUTION OF A GRACE PERIOD FOR UTILITY PAYMENTS Mayor commented residents who make utility payments by mail have complained receiving late payment penalties despite mailing their payments to the town a week in advance of the due date. This measure is to direct the town of! Purcellville to implement a ten-day grace period for the collection of utility payments before charging late payment penalties. Council member Luke moved that the Town of Purcellville implement ai ten-day grace period for the collection of utility payments before charging the late payment penalty. Council member Wright questioned where is the staff report, how many people have complained, and what is the cost associated, and this will add another step to staff and their time. Director of Finance Elizabeth Krens shared that any change would require changes in the utility billing policies internal documents and written code, a public hearing would be needed to modify an ordinance. Assistant Director of Finance Connie LeMarr commented to answer as an example, the last billing cycle, there were 356 people who received delinquent notices, any of those postmarks that arrive after that delinquency notice goes out, those fees are all reversed and it is the same thing if any postmarks for anyone who mailed a payment, all oft those fees are reversed, and it doesn't matter if it arrives one day after the due date or 100 days after the due date. Ifa 10-day grace period is added with no penalty, the due date is moved and there is no reason for anyone to pay a suggested due date. She reminded Council the town bills in the rears. Council member Luke confirmed with Ms. LeMarr there is a problem with the mail service and she reiterated there is an online portal to pay your bill, acceptance of ACH, and a 24 hour drop box. After Council and staff continued discussion on the topic, and it was mentioned to possibly table this for after the budget. (Failed: 0-7, Stought: Nay, Khalil: Nay, Luke: Nay, Rayner: Nay, Wright: Nay; Nett: Nay, Bertaut: Nay) e. RESTORATION OF HUNTING RIGHTS AT HRST RESERVOIR Mayor recapped this item, as a prior Town Council eliminated hunting and fishing rights at the Hirst Reservoir property for Town of Purcellville employees, retired employees, and their accompanying spouses and dependents. Restoration oft these hunting and fishing rights would serve to enhance security at the Hirst Reservoir property through the increased presence of Town Council Meeting January 14, 2025 Page 11 of14 authorized persons on the property and would provide employees and town residents with additional opportunities for outdoor recreation. Council member Luke moved that the hunting and fishing rights of the Hirst Reservoir property be reinstated for Town of Purcellville employees, retired employees, and their accompanying spouses and dependents, provided all applicable laws are followed and all such persons sign a waiver of liability, and that a lottery system be implemented for Town ofPurcellville residents interested in making use of this town resource in like manner and subject to the same conditions. Council member Rayner stated there is no staff report and it is needed. Council member Wright shared ifthe members that brought this item forward had done their due diligence, talk to staff and provided the input into the packets there would have been plenty of time for review, instead of wasting time, having a lot of extra discussion and having to come up with questions at the last minute, requiring staff to answer questions instantaneously as opposed to being able to do some research on this for thorough review and take action in the best interest of the town. He has concerns for financial, time consumption, and legal issues. Council member Stought shared he would prefer a staff report and not to put staff on the spot. Council member Khalil agreed to have more information on this topic. Vice Mayor Nett mentioned staff reports and a brief discussion was shared with reviewing the agenda process. Interim Town Manager reviewed the process and Assistant Town Manager Diana Hays reminded all of these items were being deferred from the previous special meeting. Council member Rayner mentioned this could be discussed during the item Future Town Council Meetings and Agenda Topics. Mayor Bertaut asked ift there is anything in the easement agreement with the family that has granted the town an access easement to the Hirst Reservoir property that would preclude restoration ofhunting rights, ifit's assumed that hunting rights carry with it a need to cross that access easement? Director of Public Works Jason Didawick welcomed the Potts Family and shared they have worked with the town for a very long time to be able to get into our watershed property which is a restricted easement that town staff can access the roadway to do maintenance. There was a hunting program in the past for town staff and designated committee members and not for town residents. The restricted easement is Mr. and Mrs. Potts' roadway and also the Keene family. The program was suspended, and an archery hunting program on the Aberdeen property was approved by Council and activated for the nutrient credit of all the young trees in an effort to prevent deer from damaging the trees. Director of Administration Darya Thompson commented to be in discussions with the town's insurance provider, Virginia Risk Sharing Association (VRSA). They have requested all easements, including the conservation easement held by the Virginia Outdoor Foundation on the property where the reservoir is located. They also inquired about the deed of gift of easement due to the reservoir's proximity to the Appalachian Trail. While VRSA initially gave a vague timeline, they now expect to provide recommendations and policy interpretations sometime next week after being urged for a more specific response. Their review covers liability and risk management concerns. Town Council Meeting January 14, 2025 Page 12 of14 Mr. Potts was given an opportunity to speak and he understands the easement is to take care of the reservoir and that is it. Vice Mayor Nett moved to withdraw the motion. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) f. DEVELOPMENT OF 21st STREET Mayor shared this measure is a resolution by Town Council to formally invite the Chapmans, holders of permits for 23rd Street development, as well as all other owners of property on 21st Street to come before the Town Council and present the public with their plans for revitalization of the historic downtown corridor by the second Town Council meeting of March 2025. Council member Khalil moved that the Council formally invite the Chapmans, holders ofthe permits for 21st Street development, as well as all other owners of property on 21st Street, to come before the Council and present the public with their plans for revitalization of the historic downtown corridor by the second Town Council meeting of March 2025. Council member Rayner questioned why we are inviting the Chapmans back that presented not a year ago and the results from that were we needed to tell them what to build, a master downtown plan is needed, and new design guidelines. She shared needing work on funding the downtown master plan, do the updates, and then form a committee from Council and our Planning Department to work on a design the public and Council wants to see from the Chapmans. Council member Stought asked staff the status of the Loudoun County grant for this project, and it was shared it is based on the County budget. Vice Mayor Nett shared this item made a formal invitation to the Chapmans to present the plan for 21st Street. Mayor invited Casey Chapman to speak. Mr. Chapman shared he had talked to a number of Council members one on one and continued to share that by communicating and working with each of Council is the only way to understand individual goals and objectives and also in a public light. Council continued to discuss history, concepts, and guidance that had been set in the past with Mr. Chapman. Mr. Chapman would like synergy with Council, Staff and the citizens. The Mayor addressed confusion between two separate issues: the existing zoning and design guidelines versus a proposed new concept for Vineyard Square. He clarified that while permits exist for the original design covering three buildings on 21st Street, those permits do not apply to the new concept, which includes multifamily housing something not permitted under either the current or revised zoning. He rejected arguments that the town has not provided clear direction, stating that the proposed concept simply does not meet zoning requirements. If there are concerns about architectural design standards, they can be discussed separately, but zoning rules remain clear. Mr. Chapman disagreed with the Mayor's statement. There was a discussion of townhomes versus multi-family on 21st Street between Mayor and Mr. Chapman. (Failed: 0-7, Stought: Nay, Khalil: Nay, Luke: Nay, Rayner: Nay, Wright: Nay; Nett: Nay, Bertaut: Nay) Town Council Meeting January 14, 2025 Page 13 of14 g. DIRECTIVE FOR TOWN MANAGER REGARDING 2025 FIREMAN'S FIELD CONTRACT NEGOTIATIONS WITH LOUDOUN COUNTY Mayor shared this measure is to ask the Town Manager to review the existing contract for Loudoun County for Operation Fireman's Field to work to continue supporting the Purcellville Cannons while ensuring more beneficial terms for the town related to advertising revenue and expansion of concession services and to develop a new contract with Loudoun County ensuring the same. The current contract is in place until December 31, 2025. Prior to expiration of our agreement with the County for Fireman's Field, Vice Mayor Nett moved that the Interim Town Manager work to continue supporting the Purcellville Cannons while ensuring more beneficial terms for the town related to advertising revenue and expansion of concession services. Council member Rayner shared there was no staff report, no background, and also, given the history of our Interim Town Manager with this matter, it is inappropriate to direct him to do this and would prefer a different point of contact. Council member Wright disagreed with this approach. Council Member Stought shared this contract is a good thing going with the County and not interested in doing anything that upsets that. Council Member Khalil would like to be able to understand the details better and would not be ready for a decision. Council Member Luke shared the motion stated prior to expiration of our agreement with the County for Fireman's Field, and it made sense to talk to them before it expires. Vice Mayor Nett commented on the nature of the motion, and would ask members to reconsider and he supports it as stated. He shared the Interim Town Manager did serve four terms as Mayor and some in the community like and trust his judgment. He shared this is not binding the Council to take any action beyond the language in the motion. The Mayor noted that the County's contributions to maintaining the facility are minimal, limited to field upkeep, running the concession stand, and collecting tickets. He shared the town has spent and committed hundreds of thousands of dollars on maintenance, including repairs to bleachers, fencing, and restrooms. He pointed out the lack of revenue figures from events and emphasized that the proposed motion simply directs the town manager to seek more favorable terms in the upcoming contract renewal for the Purcellville Cannons. Mayor argued there is no reason not to support the measure, as staff reports will provide further details along the way. Council member Wright requested ai revision of the motion and postpone this item. Mayor Bertaut moved to table this until the January 28th meeting. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) DISCUSSION a. Vehicle License Fee Connie LeMarr, Assistant Finance Director, gave the report and shared that Loudoun County has decided to eliminate the vehicle license fee for county residents in 2025 due to strong revenue streams. However, the Coalition ofTowns (COLT) expressed concern that town residents would Town Council Meeting January 14, 2025 Page 14 of14 expect the same relief. In response, the Loudoun County Board of Supervisors adopted a one- year grant program for towns that reduce the fee to zero or eliminate it entirely. Purcellville could receive up to $181,000 in grant aid. The town must decide on one ofthree options before the February 28 deadline:1. Continue charging the $25 vehicle license fee and maintain the 2025 budget. 2.Set the fee to zero for 2025 and participate in the county grant program. 3.Permanently eliminate the fee by ordinance. Treasurer Eichelberg confirmed that the county would continue collecting the fee if the town temporarily reduces it to zero and later reinstates it. The Council is set to take official action on February 11. Council and staffi had a discussion. Mayor shared the meeting was at the 9:30pm mark and questioned ift there is a motion to extend the meeting by 20 minutes or to adjourn. Council member Wright made a motion to adjourn and it was unanimous. (The following items were deferred.) b. REMOVAL OF THE COMMUNITY POLICING ADVISORY COMMITTEE FROM TOWN CODE C. REVIEW OF EDAC BYLAWS d. Future Town Council Meetings and Agenda Topics ADJOURNMENT: With no further business, Council member Wright made a motion to adjourn the meeting at 9:30PM. CKEL m. - - umouly Christopher Bertaut, Mayor Bardy Kimberly Bandy, (own Clerk