MINUTES PURCELLVILLE TOWN COUNCIL MEETING THURSDAY, FEBRUARY 13, 2025, 6:00 PM PREHTOUSLY REGULARLY: SCHEDULED FEBRUL IRY 71, 2025 TOWN HALL COUNCIL CHAMBERS COUNCIL MEMBERS PRESENT: Mayor Christopher Bertaut, Vice Mayor Ben Nett, Council members Susan Khalil (remote due to medical reason), Carol Luke, Erin Rayner, Caleb Stought, Kevin Wright STAFF PRESENT: Town Attorney John Cafferky, Assistant Town Manager Diana Hays, Police Department Interim Chief Sara Lombrafia, Director of Human Resources LaDonna Snellbaker, Assistant Director of Finance Connie LeMarr, Director of Planning and Economic Development Summer Wilkes, Director ofl Public Works Jason Didawick, Director of Engineering and Capital Projects Andrea Broshkevitch, Capital Projects Manager Jessica Keller, Town Clerk Kimberly Bandy CALL TO ORDER: Mayor Bertaut called the meeting to order at 6:02 PM. The Pledge of Allegiance followed. Mayor Bertaut made the following statement: "Council member Khalil will be participating remotely this evening due to a medical reason and has met the criteria for our Town Council Remote Participation in Public Meetings Policy and there is no requirement to approve this by vote ofthe Town Council. 1 AGENDA AMENDMENTS Council member Rayner made the motion to include an item for discussion on potential action the code of conduct concerning comments that were made during the Planning Commission Meeting of February 6th. Mayor Bertaut cited that he was at the meeting and the Chair was within his bounds as Chair. Council member Rayner shared the method and reasons why the staff member was trying to speak; the Chair was inappropriate and also comments he made at the beginning of the meeting regarding there being no Council liaison. (Carried: 5-2, Stought: Aye, Khalil: Aye, Luke: Nay, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Nay) Council member Rayner made the motion to amend the agenda to include a discussion item regarding the meeting that was held by the Interim Town Manager, Mayor Bertaut and Vice Mayor Nett with Town Utility Consultants without the entire Council's awareness and a statement that was made from the dais that was opposite of what previous Council": S had been told by these consultants. Town Council Meeting February 13, 2025 Page 2 of13 Council member Rayner requested directions given to staff to clarify with consultants a statement made from the dais at the last meeting, regarding meals tax transfer of funds and the email from 2023 on the same subject matter that is contradictory. (Failed: 4-3, Stought: Aye, Khalil: Nay, Luke: Nay, Rayner: Aye, Wright: Aye; Nett: Nay, Bertaut: Nay) Mayor Bertaut stated that an item would be added as 10i. Code of Conduct discussion. ADOPTION OF MEETING AGENDA Council member Stought moved to adopt the February 13, 2025 Town Council Meeting agenda as amended. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) PUBLIC HEARING: a. Design for G Street Sidewalk Improvements Rescheduled to a later meeting for proper advertising of the date change) COMMUNITY HIGHLIGHTS Mayor Bertaut shared new businesses opening and internal items worthy of note; With appreciation to Engineering and Planning teams Enhanced Beauty and Wellness opened their new location January 31st, Grand opening February 5th for Panera Bread, IHOP occupancy permits were issued on February 11th, staff member Justin Domanski has passed the Class 4 Wastewater Operator Exam and is certified to conduct basic operations, monitoring, record- keeping, maintenance, and safety compliance, and the recent lieutenants process, Acting Lieutenant Mike Holman has been promoted to Operations Lieutenant. CITIZEN/BUSINESS COMMENTS: William Hicks, 144 Upper Heyford, expressed concerns about the Town's financial management, particularly regarding water and sewer rates. Drawing from his experience addressing the Council eight years ago, he criticizes past Councils for failing to implement moderate rate increases and instead using revenue from Mayfair development irresponsibly, leading to financial shortfalls. He argued that the current Council is now mismanaging funds by using meals tax revenue to artificially suppress water and sewer rates. Mr. Hicks emphasized the necessity of responsible financial planning, urging Council members to act like adults and make sustainable decisions for the town's s future. Mary Jane Williams, 313 Locust Grove, addressed the Town Council and staff, introducing herself and expressing gratitude to several individuals and groups. She commended Ms. Wilkes for her resilience and composure in the face of mistreatment by the Planning Commission. She also acknowledged Chief Barry Dufek for his integrity in resigning due to concerns over Town Council Meeting February 13, 2025 Page 3 of13 transparency. Additionally, she praised the Arts Council for their role in the Cabin Film Festival, the finance department for their budget efforts, and public works for their snow removal efforts. Ms. Williams raised concerns about the Zoning Ordinance presentation, questioning whether the public would see the Planning Commission's concepts or the Planning Department's expert recommendations. She emphasized the need for transparency by showing both versions. She also urged Council members to protect staff from harassment and criticized some male committee members for inappropriate behavior. Lastly, she pointed out an incident involving a live microphone, which captured a discussion about a council liaison. Beverly Chiasson, 110 N 28th Street, addressed the Mayor and Purcellville Town Council, expressing gratitude for the town employees' professionalism and dedication. She urged the Council to remember past mistakes when hiring a permanent Town Manager, referencing the 2017 decision to promote an Interim Town Manager over a more qualified candidate. She detailed events leading to costly lawsuits and emphasized the need for a qualified, apolitical leader respected by neighboring jurisdictions. Ms. Chiasson also criticized the Council's approach to the zoning ordinance, arguing that it was being rushed without proper public understanding or staff presentations. She compared it to the 2020 comprehensive plan review, which involved extensive discussions. She warned that ift the ordinance did not align with citizens' interests, it would eventually be changed at a high cost. She concluded by urging the Council to slow down and make informed decisions, adding that she had confronted officials with inconsistencies in their statements. Erica Stought, 210 Upperbrook Terrace, identifying herself as both a resident and the wife of Councilman Stought, addressed the Council. She challenged Councilwoman Khalil to correct any misconceptions rather than remain silent and questioned Councilman Nett about his campaign promises, particularly regarding lowering water rates. She accused him of misleading citizens and aligning with Kwasi Frazier despite previous denials. She criticized Mayor Bertaut for allowing the Planning Commission Chair to disrespect town staff at a recent meeting, calling it a disgraceful display of contempt for expert staff. She insisted that town employees deserved dignity and respect, which she claimed they were not receiving. Ms. Stought also reiterated concerns from a previous meeting, alleging that Valerie Cury, editor of the Blue Ridge Leader, exerted significant influence over local politics. She accused Ms. Cury of directing Council members' actions, running election campaigns, and shaping public narratives through biased articles. She concluded by warning residents to be cautious about the information they consume from the newspaper. Casey Chapman, 125 Hirst CaseCo LLC, focused his remarks on the anticipated vote to bring the Comprehensive Plan and Zoning Ordinance rewrite to the public. He addressed concerns about the process being rushed, not in terms of time but due to a lack of transparency regarding staff input on the Planning Commission's proposals. Mr. Chapman argued that while the Planning Commission had provided a detailed breakdown ofits recommendations, town staff had not been given the same opportunity to present their perspective or highlight agreements and disagreements with the proposed changes. He believed that proceeding to a public hearing without this comparison would be a disservice to residents and staff. He also criticized the Planning Commission for making proposals without professional expertise, especially after firing Town Council Meeting February 13, 2025 Page 4 of13 the consultant. He pointed out that town staff, as paid professionals, should be allowed to provide their expert analysis. Failing to consider their input, he argued, it would waste taxpayer money and resources. Mr. Chapman further warned that the complexity oft the proposed Zoning Ordinance, including overlay districts, would be burdensome and unnecessary. He believed the changes were not in the Town's best interest and that, if adopted, their negative effects would be felt for years, potentially taking over a decade to reverse. MAYOR AND COUNCIL COMMENTS: Council member Wright expressed his disappointment after watching the Planning Commission's last meeting. He apologized to Ms. Wilkes for the way she had been treated while performing her job and pointing out procedural mistakes. He criticized the behavior of some members of the Commission and Council, stating that it reflected arrogançe and ignorance rather than common sense and respect. He also extended appreciation to the Public Works Department for their efforts in clearing snow from the streets. He acknowledged the difficult conditions the workers endured, including staying in a building without proper sleeping arrangements while working extended shifts. Council member Wright emphasized that the Town needed to address this issue, ensuring employees had appropriate accommodation ifthey were expected to work long hours. He urged the Council to take action to improve conditions for Town staff soon. Council member Rayner attended the Virginia Municipal League's Local Elected Government Day in Richmond two weeks prior. The event allowed local Councils to meet with State officials to discuss issues affecting their communities. Council member Rayner found the conference successful and informative, engaging in discussions with representatives from other towns. She met with Delegate Gary Higgins and Senator Russett Perry's staff, as well as other Loudoun State Representatives, to discuss legislative matters impacting the town. She valued the networking opportunities and conversations about state legislation benefiting the community. Last week, Council member Rayner hosted Boy Scout Troop 39 at Town Hall to help them earn their civics badge. Three scouts participated in a mock Council meeting with personalized name plaques, making motions and discussing action items. They also asked her questions about Town government. She expressed excitement about their enthusiasm and thanked their troop leader, Beth Burgoyne, as well as Town Clerk Kim Bandy, for making the event special. Rayner congratulated Lieutenant Holman on his promotion and recognized him as an asset to the Police Department. She also praised the Public Works Department for their efforts in keeping the streets clear during recent snowstorms. Acknowledging the department's challenging working conditions, she supported efforts to improve their accommodation. Council member Rayner expressed her support for Ms. Wilkes, agreeing with previous remarks that she had been treated inappropriately during a Planning Commission meeting. She emphasized the importance of maintaining respectful behavior toward all staff members. Council member Khalil focused on the CIP budget, expressing conçerns about projects for which the engineering department had little confidence in cost estimates. She emphasized that it would be neither responsible nor strategic to approve new debt obligations without accurate projections. She also inquired about the proposed wastewater treatment plant improvements, particularly a quote from Lakeside Manufacturing and the implications of switching manufacturers. Town Council Meeting February 13, 2025 Page 5 of13 Council member Khalil strongly recommended that documents ranking confidence levels in cost estimates be made publicly available for transparency. She planned to email the Town Manager requesting a detailed spreadsheet by department, listing all CIP projects ranked by necessity, along with data such as service dates, manufacturers, costs, expected lifespans, and funding sources. She also asked for information on deferred items, potential manufacturers for pricing, grant opportunities, regulatory requirements, available funds, and chargebacks for 2024. She urged departments including Finance, Utilities, and Procurement to start compiling this data and suggested that the town administrator begin the grant application process. Council member Khalil firmly stated that she would not support taking on any loans for CIP projects without a clear understanding of the Town's financial standing. Council member Stought congratulated Mike Holman on his promotion to Lieutenant, praising his exemplary service with the Purcellville Police Department. He also expressed gratitude to the Town's first responders for their quick response to a possible child-in-danger situation in Mayfair, which fortunately turned out to be a false alarm. Additionally, he addressed concerns about adherence to the Town's Code of Conduct for Committees, Commissions, and Boards (CCBs). He emphasized the importance of maintaining a respectful and professional environment during meetings. Council member Stought noted a recent incident where a CCB chair displayed disrespect toward a staff member, ignored a point of order, and used the gavel excessively. The speaker called on the Council to uphold its standards, enforce the Code of Conduct, and adhere to Robert' S Rules of Order to ensure accountability and proper governance. Vice Mayor Nett questioned the Councilman' s opinion on the conduct displayed at meetings on January 8th and 14th, including public outbursts by then-acting Lieutenant Mike Holman. He acknowledged Purcellville's challenges, noting its small population, large daily influx of people, and significant portion of tax-exempt land, primarily occupied by public schools. He referenced past legal disputes over school expansion and expressed concerns about the Town's fragile utility system. The Vice Mayor outlined potential solutions, including diverting meals tax revenue to the utility fund, cutting government costs while improving efficiency, and advocating for a greater return on tax dollars from the county. He rejected further utility rate increases, criticizing what they perceived as a disregard for working-class struggles. He emphasized his commitment to engaging in respectful dialogue and finding solutions that address the Town's financial realities. Council member Luke shared a concern about the proposed dimensions for sidewalks, specifically the five-foot width, noting that she had not found any existing sidewalks in town that were this wide and questioned the necessity of such a width. She expressed frustration with the new sidewalks and gutters on South Maple and Main, which were already crumbling despite having been touched up by the contractor. She emphasized the need for careful attention to bids and the quality ofwork being produced. Mayor Bertaut shared that he and Council member Luke attended a Virginia Valley Vipers basketball training camp, where they found the team to be engaged and committed to both entertaining the public and giving back to the local community. He then addressed the ongoing budget season, emphasizing the Town Council's responsibility to scrutinize public expenditures Town Council Meeting February 13, 2025 Page 6 of13 carefully. He pointed out discrepancies in the CIP budget presentation and questioned claims about deferred projects, insisting that clear evidence was needed to support such claims. He also highlighted concerns regarding a $2 million estimate for wastewater treatment plant projects and called for more support from the county for the burden placed on the town by local schools, which occupy 43% of the town's area without paying property tax. Additionally, he noted the steady increase in meals tax revenue, suggesting it should be used to reduce water rates. He clarified that the current version of the Zoning Ordinance before the Town Council was the result ofe extensive work by the Planning Commission, involving 15 citizens, 11 staff members, and three zoning administrators over 55 months. ACTION ITEMS a. Adoption of the Zoning Ordinance for Public Hearing March 11, 2025 Mayor Bertaut shared the public hearing has been scheduled and purpose of this item was to establish the Zoning Ordinance submission that will be placed before the citizens. Following legal review, and as there were no substantial changes to the version discussed by Council on January 28, 2025--only minor clarifications to ensure consistent wording- = -Vice Mayor Nett moved that the Town Council approve the Zoning Ordinance Draft as presented by the Planning Commission on July 31, 2024, and proceed with public distribution of this document when scheduling a Town Council Public Hearing for March llth. Council member Rayner, Wright, and Stought would like to hear more from staff on this subject prior to moving to the public hearing. Mayor Bertaut, Vice Mayor Nett, Council member Khalil, and Luke all believed that proper efforts have been made by the Planning Commission and would like to move forward with the Planning Commission submitted Zoning Ordinance draft to Town Council in July 2024 with a public hearing. Mayor Bertaut expressed comfort with voting for the Zoning Ordinance, noting that 15 citizen-appointed volunteers had worked on it over a period. They conducted a gap analysis, gathered and analyzed county GIS zoning data, and reviewed State Code requirements to ensure compliance. The Planning Commission, while answering the Town Council, primarily answers to the Virginia legislature and has adhered strictly to Virginia code in this process. The Zoning Ordinance has been reviewed by the Town Attorney and subjected to scrutiny by Town Staff. Many recommended changes have already been incorporated. Mayor Bertaut clarified that the input being discussed was not related to changes in the Zoning Code itself, but rather to the broader effort of aligning the Town's Zoning with the Comprehensive Plan, current laws, and regulations at the State, Federal, and County levels. He concluded that the effort had been thorough, and it was time to move forward with the matter. (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: Aye) Town Council Meeting February 13, 2025 Page 7 of13 DISCUSSION a. REVISED (Moved. from. Action) Modification of Compensatory Leave Cap for Sworn Individuals LaDonna Snellbaker, Director ofHuman Resources, gave the report as follows; In July 2024, the handbook was revised to help control costs for the Town, specifically addressing compensatory leave for sworn officers. At that time, officers had unlimited compensatory leave, which was maintained to stay consistent with larger departments. However, due to the smaller size oft the police department, there was a cyclical pattern where officers alternated between taking compensatory time or working overtime, with most opting for comp time. The usage and earnings of comp time were nearly equal, resulting in minimal variance. Upon reviewing the Virginia code, it was found that the provisions related to law enforcement employees only applied to employers with 100 or more officers, which did not apply to the Town. As a result, the handbook was updated to cap compensatory hours for police officers at 40, aligning it with the policy for general staff. Concerns arose regarding officers accumulating both compensatory time and annual leave, which could lead to additional costs if officers' leave balances exceeded the allowable carryover. To address this, annual leave was capped, with non-exempt employees allowed a maximum of 300 hours and exempt employees 400 hours. Once employees reached the cap, they stopped accruing additional leave until their balance was reduced. These changes were implemented as cost-saving measures for the Town, and the recommendation was to keep these policies in place. During the Council discussion, Council member Wright asked who brought this forward for the agenda. Ms. Snellbaker stated that it had been placed on the January gth agenda. Vice Mayor Nett shared the Mayor placed this item on the agenda, from a discussion Vice Mayor had with Sargeant Starkey. Vice Mayor Nett mentioned a conflict ofinterest and stated that he would be recusing himself from the discussion as noted by the Ethics Advisory Council with the intention of advice ofCOIA on this matter. Council member Wright shared he had extensive experience in public safety, discussed the challenges of compensatory (comp) time. While acknowledging that public safety officers, particularly in law enforcement, need time off due to the demands oft their work, he argued that comp time places an undue burden on the department, as someone else must fill the vacant position. From a financial perspective, officers benefit more from overtime pay than comp time since they receive straight pay for comp time instead oft time-and-a-half for overtime. Council member Wright also discussed with Ms. Snellbaker annual leave accrual, explaining that officers can accumulate up to 300 hours of annual leave, which they can build up quickly if they don't take time off, and also receive sick leave on top of that. Council member Wright expressed openness to discussing capping leave hours to provide more time off for officers, he felt comp time was not the best solution. He emphasized that from a financial standpoint, officers are not at a disadvantage, and thus, increasing comp time was not necessary or beneficial for the officers. Council member Stought is in favor of saving money for the Town and agreed with Council member Wright. Council member Khalil emphasized that the issue at hand, such as high turnover and retention in the police department, is a symptom of a larger underlying problem. Rather than focusing onjust one aspect, they suggested the need to evaluate the bigger picture. Council member Khalil expressed concern for the well-being of the officers more than financial matters, highlighting that officers are responsible for protecting the community. She suggested finding a Town Council Meeting February 13, 2025 Page 8 of13 balanced approach but stressed the importance ofhaving concrete information to make well- informed decisions. Council member Luke expressed a desire to understand what the officers want. She noted the challenges of high attrition, with young officers often leaving for higher- paying positions after a few years. She emphasized the need to find a solution that satisfies everyone involved, with the goal of retaining talented officers and ensuring they remain happy and committed to the town. Ms. Snellbaker mentioned recent retirements contributing to turnover, and younger officers receive the training and then leave. Mayor Bertaut emphasized the importance of addressing police department turnover, noting that it's not just due to being a small town with a low crime rate but also because officers receive training and then leave for higher-paying, jobs. He suggested this issue needs to be addressed to create a better balance for officers. Additionally, they pointed out that budget projections for fiscal year 2026 include funding for 10 new sets of uniforms, indicating an expectation of continued turnover. He concluded by stressing that action is needed to resolve the issue. Council Member Rayner distinguished between two separate issues: officer well-being and turnover versus discussion on paid time off (PTO). She emphasized that PTO is meant for rest and recovery, not financial gain, particularly for first responders who should be encouraged to take time off. She mentioned speaking with a first responder to better understand the issue and expressed a desire to hear directly from Interim Chief] Lombrafia for further insight. Interim Chief Lombrafia acknowledged not being fully prepared to discuss the issue but highlighted that ChiefDufek had implemented a strong wellness program for officers, including a gym and designated break times. Despite these efforts, retention remains a challenge, and officers are currently experiencing low morale for reasons believed to be widely understood. She noted that while the department is somewhat competitive, it is not highly competitive in retaining officers. Vice Mayor Nett inserted comment and Council member Wright called for point of order. Interim ChiefLombrafia continued and acknowledged that the Town's police salaries are not competitive compared to neighboring jurisdictions like Leesburg and Loudoun County, though they are higher than those further west. She emphasized that the Town is very safe and, as a newcomer with five months in the role, she is still learning and expressed pride in the contributions of past chiefs, Dufek and McAllister, to the department and affirmed her commitment to continuing efforts for officers and the community. Council member Rayner noted that over the past three years, the Town has spent more than $300,000 on this issue. She expressed support for maintaining the current approach, as recommended by Human Resources and Council member Wright, with the option to reassess if needed. She emphasized that changes should not be made immediately, especially since some employees are reaching PTO caps but are not negatively affected. b. 2025 Personal Property Tax Rate and Vehicle License Fee Connie LeMarr, Assistant Director of Finance, presented information to the Council at the January 14, 2025, meeting regarding Loudoun County's decision to eliminate the vehicle license fee for 2025 and offer a one-time grant program to offset the FY25 budget impact. The Council had the option to either adopt the $25 vehicle license fee as budgeted or set the fee at $0 and request the $181,000 grant from the County to compensate for the revenue loss. She noted that reducing the fee to $0 would require addressing the $181,000 impact on the FY26 budget. The staff report was listed for discussion, but she emphasized that the tangible property tax and Town Council Meeting February 13, 2025 Page 9 of13 vehicle license fee had to be adopted before the February 28, 2025, deadline to comply with the memorandum agreement with Loudoun County. The final decision on the rate was scheduled for the February 25 Town Council meeting. Council member Luke began a motion which there was a request of a point of order by Council member Wright. There was a Council discussion on suspension of rules and voting the same night on an item being presented on the same agenda. Mayor Bertaut requested two motions be shared since staffi is recommending a vote; Council member Luke moved that we (Town Council) adopt the VLF rate ofno $25 fee and accept the county's offer of a one-time payment to offset the revenue loss for one year and that we agree to eliminate the vehicle license fee in 2025 that is a revenue offset to the Town of $181,000. (Seconded with no vote.) Council member Rayner raised the question Ifthe Council eliminates the $181,000 vehicle license fee revenue and accepts a one-time grant, how can the fee be reinstated the following year if needed? Connie LeMarr responded Council can simply re-adopt the $25 vehicle license fee when setting the 2026 tax year rate. Since the fee is being set to $0 rather than being eliminated entirely, reinstating it would not require any additional steps beyond re-adopting the rate. Council member Rayner confirmed if the fee is not reinstated, the Town would need to find other ways, such as tax increases, to make up for the revenue shortfall. Council member Wright shared being concerned with the timing of2026 budget and not knowing all the information. Ms. LeMarr confirmed this was an annual 2025 related tax. Council member Stought was conflicted with the item where you give relief and then may need to go back to instilling the tax. Council member Khalil shared that this should be graciously accepted and be clear to the residents ofthe process. Mayor Bertaut, Vice Mayor Nett and Council member Luke were in favor of providing the relief from what the County was providing to hopefully find savings in other ways. Thisi is presented to Council each year. Council member Stought moved that the Town Council adopt ordinance number 25-02- 01, establishing for calendar year 2025 the tangible personal property tax rates as drafted, and the vehicle license fee of $0. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) C. Removal of the Community Policing Advisory Committee from Town Code John Cafferky, Town Attorney, clarified the process for amending the Town code. The section in question was added in 2020 following a public hearing, but a new advertised public hearing would not be legally required to remove it. Towns are generally not obligated to hold public hearings for every ordinance change unless specified by law. Instead, the Council could amend the code through a majority vote at any lawful meeting. Additionally, Mr. Cafferky consulted the Virginia Conflict of Interest Office and confirmed that the Vice Mayor could participate in discussions, as the advisory committee is separate from the Police Department and is currently inactive. Any change or removal of this section would need to be done through an ordinance, requiring Council approval. Town Council Meeting February 13, 2025 Page 10 of13 d. Projects for Upcoming VDOT Grant Opportunities Andrea Broshkevitch, Director of Engineering and Capital Projects, informed the Mayor and Town Council that the VDOT grant funding pre-application cycle was approaching. She introduced Jessica Keller, the senior capital projects manager, who would present three projects recommended for this cycle. She also emphasized that once grant funding is received, it must be used specifically for the approved project and cannot be redirected to a different one. Ms. Keller shared the VDOT funding pre-application cycle for two programs would take place April through May. The Transportation Alternatives Program (a federal grant) requires a 20% match, while the Revenue Sharing Program (a state grant) requires a 50% match. Engineering staff proposed applying for funding for three projects from the Town's Capital Improvement Program (CIP): 1) North 21st Street Trail Phase 2, 2) Route 287 at East Gate Drive Intersection Improvements, and 3) East Main Street and South 9th Street Sidewalk. She shared Town Council may choose different projects to apply for funding, but eligibility requires inclusion in the locality's CIP. Additionally, funding applications need a concept plan and cost estimate by an engineering consultant, typically costing $7,000-$10,000. The North 21st Street Trail Phase 2 and Route 287 at East Gate projects already have these, making them highly competitive with no additional costs. Council member Khalil requested clarification on Loudoun County denying funding for Town projects. Ms. Broshkevitch shared there was submission of several projects, and the Board of Supervisors granted only one; provided $176,000 for the Phase One Trail related to the 7/690 Project. She continued that Loudoun County's response regarding funding allocation was that the Board will hold work sessions throughout February and March to discuss the operating and capital budgets. During these sessions, they will consider possible changes, such as moving funding between projects within different election districts. For the Town of Purcellville to receive funding for a project, Town officials and the Town Manager would need to lobby the county to switch funding from another project in the district to one in Purcellville. Council Member Khalil expressed a desire to see the requested information on a spreadsheet that includes the sources and uses of potential funding for CIP projects. She emphasized the importance of understanding where funds might come from and noted frustration that Purcellville isn't prioritized by the County, especially when compared to schools in Purcellville. She would like the projects to be listed in order of need on the spreadsheet. Ms. Broshkevitch shared the spreadsheet was for water and sewer projects and the discussion is for transportation projects that are handled differently. Council Member Khalil reiterated she would like a spreadsheet containing all projects with highest needs, both physically and financially with current sources of funding. Ms Broshkevitch mentioned transportation projects are funded with other people's money, whether it's VDOT, Loudoun County, MBTA funds and they are a different category than our water and sewer projects. Council member Stought agreed with 3 projects and showed concern for the window for decisions where Ms. Keller shared there are no issues with not voting this evening. Council member Wright showed concern for staff overseeing the projects and being completed and wants to ensure having the staff to make use of the grants if pursued. Council member Stought moved that the Town Council approve staff to move forward with the pre-application process to request VDOT transportation alternatives funding for Town Council Meeting February 13, 2025 Page 11 of1 13 the project North 21st Street Trail Phase 2. And he further moved that the Town Council approve staff to move forward with the pre-application process to request VDOT transportation alternatives funding for the project Route 287 at East Gate Drive intersection improvements. And he further moved that the Town Council approve staff to move forward with the pre-application process to request VDOT revenue sharing funding for the project East Main Street and South 9th Street sidewalk. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) e. Acceptance of Ball Ct. and West K Street into the VDOT Highway System Andrea Broshkevitch, Director of Engineering and Capital Projects, recommended that the Town Council approve the acceptance of Ball Court and the extension ofK Street into the VDOT Highway System for urban maintenance funding. These streets are in the Blue Ridge Estates subdivision, totaling 0.2 miles. The developer, L.S. Mitchell Development, LLC, addressed all deficiencies and provided necessary documentation. The approval would allow the streets to be added to the Town's urban maintenance inventory, increasing VDOT's contribution to the Town's street maintenance fund. A signed resolution and U-1 form are required to proceed with the submission to VDOT. Council member Wright confirmed that VDOT does adjust amounts considering inflation and one versus two-way streets. Council member Wright moved that the Town Council approve Resolution 25-02-02 to request that Ball Court and West K Street be added into the Urban Highway System for Maintenance Payments. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) f. REVISED Initiation of a Comprehensive Plan Review Summer Wilkes informed the Town Council that, per the Code of Virginia, the 2030 Comprehensive Plan must be reviewed and updated every five years. The current plan was adopted on June 30, 2020, meaning the five-year review should begin by June 30, 2025, though it does not need to be completed by that date. She directed Council members to page 44 of their agenda packet, which contains a resolution to initiate the review, modeled after a similar 2015 resolution. Additionally, page 45 outlines that the Planning Commission's work plan, previously approved by the Council last fall, already includes this five-year review and update as a priority task. Mayor Bertaut clarified that the motion directs the Planning Commission to initiate, deliberate, and determine if any changes are needed to the Town's Comprehensive Plan, in accordance with Section 15.2-2230 of the Code of Virginia. This statute requires the Planning Commission to review the plan every five years and consider whether updates are necessary, rather than mandating changes. Council member Stought moved that the Town Council adopt Resolution 25-02-03 to direct the Planning Commission to initiate, deliberate, and determine if any changes are Town Council Meeting February 13, 2025 Page 12 of 13 needed to the Town's Comprehensive Plan per sections 15.2-2230 of the code ofVirginia. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) g. REVISED Proposed Changes to the Existing Sidewalk Clearing Enforcement Process John Cafferky, Town Attorney, noted that the current ordinance on sidewalk clearing is outdated and staff have reviewed similar ordinances from surroundingi jurisdictions to propose updates. The key issue is enforcement and sanctions for non-compliance, including monetary fines and the potential for unpaid balances to become tax liens on properties. He advised that a legal review of the enforcement section is necessary and could be completed by the next meeting. However, if the Council wants to proceed with the tax lien approach, it would require a public hearing similar to those for tax levy increases, which would delay adoption until March. Mr. Cafferky deferred to staff for additional input on the reasoning behind the proposed revisions. Summer Wilkes, Director of Planning and Community Development, shared research on several towns and cities similar in size in Virginia such as Winchester, Berryville, Leesburg, Loudoun County, Orange and the ordinance language is from the Code of Virginia. There was a Council discussion on the matter of hours, timeframes for compliancy and fines, and for leniency with residents needing assistance. Ms. Wilkes shared there are very few that do not comply. Jason Didawick; Director of Public Works, shared the idea of a volunteer group as a Snow Brigade. Council member Khalil showed concern for those sidewalks not cleared possibly forcing a resident to walk into the street. Council member Wright brought up the commercial properties versus residential. Mayor Bertaut shared this is aj policy and an ordinance situation. Mayor requested that staff continue to work on this and bring it back to Council for the next meeting. h. Future Town Council Meetings and Agenda Topics Council member Rayner requested an update for the Town Council Strategic Meeting being scheduled and requested a Town Manager Update be added to agendas. Mayor Bertaut shared he would like to have the Strategy Session in April and priorities for the Town at the end of March. The Mayor confirmed the CPAC Ordinance to remove committee be added and snow clearing discussion continued. He shared that Council member Rayner requested the process for hiring of ChiefofPolice be added to the 25th. He also had a request for an update from the Town Manager on progress with HR manual review. He also requested adding Director Wilkes Planning Department suggestions for Zoning for the 25th. i. Code of Conduct Discussion Council Member Rayner raised concerns about the conduct during a Planning Commission meeting, particularly regarding Chairman Rise's handling of a point of order raised by Planning Director Summer Wilkes. Council member Rayner criticized the Chair's actions, stating that gaveled Ms. Wilkes 10 times was excessive, discourteous, and violated the CCB Code of Conduct. She emphasized that Town staff: should be respected, and Ms. Wilkes had a right to be Town Council Meeting February 13, 2025 Page 13 of13 heard under Robert's Rules of Order. Council member Wright and Stought shared similar concerns. Vice Mayor Nett shared politics is a rough and dirty business and suggested addressing issues that are before the people. Mayor Bertaut called for a point of order for no Q&A but commentary. Council member Stought shared to abide by Robert's S Rules and it was an attempt to correct a motion and this should not be ignored and gaveled down. He shared concern for an error in a motion could cause the town liability and taxpayers would need to pay for it. Mayor Bertaut shared that the point of order may be raised by members ofthe public body. Council member Luke provided a more neutral perspective on the Planning Commission meeting incident, stating that while she was present and saw what was happening, she did not hear a formal point of order from staff. She acknowledged that the Chair was trying to maintain order and continue the meeting. She suggested that while the situation might have been handled differently, such as pausing for discussion, she emphasized that not everything needs to be taken as an offense. She encouraged mutual understanding, acknowledging that miscommunications happen on all sides and that people sometimes speak out of turn or should listen more carefully. Her overall message was about maintaining perspective and flexibility in handling disputes. Council member Rayner also brought up another conçern regarding the Mayor's role in the Planning Commission. She referenced Chairman Rise's statement that the Mayor is not a liaison to the Commission but simply a voting member. She pointed out that state code allows for a voting liaison and questioned whether the Town Council should appoint a formal liaison to clarify the Mayor's role. She sought legal input on whether the liaison position still exists and whether the Planning Commission could remove the Council Liaison comments from future agendas. Council member Rayner's main concern was if the Mayor is not the liaison, then should another Council member be appointed to serve in that role? She emphasized the need for clarity on who is responsible for communicating between the Planning Commission and the Town Council, ensuring that someone is officially liaising and reporting information in both directions. Vice Mayor Nett asked if Chair Rise would like to speak, Council member Wright requested a point of order. Mr. Cafferky, Town Attorney, shared you could have a Council liaison, but you do not have to. Mayor suggested to have a vote to appoint a Council member who was named to the Planning Commission as the Council liaison. Mr. Cafferky after given time to review for the next meeting the January said appointment, the motion that would designate the Town Council member serving on the Planning Commission as also the liaison, then that would be true, not only for Mayor Bertaut, but anyone else who comes into that position in the future. ADJOURNMENT: With no further business, Vice Mayor Nett made a motion to adjourn the meeting at 8:46PM and was unanimously agreed upon. aLEL M. Bh Christopher Bertaut, Mayor Kimberly Bandglown Clerk Kitugaglr Mayor Interim Town Manager Christopher Bertaut Kwasi Fraser Town - of Assistant Town Manager Diana Hays Town Council Susan Khalil urcelMville Carol Luke Virginia Ben Nett 221 S. Nursery, Ave. Erin Rayner Purcellville, VA 20132 Caleb J. Stought Phone: (540) 338-7421 Kevin B. Wright wwmurcelyllevaga TOWN OF PURCELLVILLE IN LOUDOUN COUNTY, VIRGINIA ORDINANCE NO. 25-02-01 PRESENTED: FEBRUARY 13, 2025 ADOPTED: FEBRUARY 13, 2025 AN ORDINANCE: ESTABLISHING FOR CALENDAR YEAR 2025 THE PERSONAL PROPERTY TAX RATES AND THE VEHICLE LICENSE FEE; REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; ESTABLISHING SEVERABILITY AND SAVINGS CLAUSES; ESTABLISHING EFFECTIVE DATE WHEREAS, Virginia Code $ 58.1-3500 and Town Code Chapter 74 (Taxation), Article I(General), Section 74-1 (Annual levy; rate oftaxes) authorize the Town of Purcellville, Virginia to levy and collect taxes on all tangible personal property, except household goods and effects, subject to certain conditions as provided by law; and WHEREAS, Virginia Code $ 58.1-3524 authorizes the Town to provide tangible personal property tax relief on qualifying vehicles; and WHEREAS, the tax rates applicable to personal property are effective on a calendar-year basis, but are generally established in February of each calendar year for use in tax bill preparation and estimating Town tax revenues and budgeting. NOW T'HEREFORE, the Council of the Town of Purcellville, Virginia hereby ordains: SECTION I. Tangible Personal Property. That the calendar year 2025 tax rate on tangible personal property is hereby established to be: a. $1.05 per $100 of assessed value for all tangible personal property identified in Va. Code $ 58.1-3503(A), subsections 1 through 13, which includes vehicles; and b. $0.55 per $100 of assessed value for all non-vehicular tangible personal property that is used in business; and AN ORDINANCE: ESTABLISHING FOR CALENDAR YEAR: 2025' THE PERSONAL PROPERTY TAX RATES AND THE VEHICLE LICENSE FEE; REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; ESTABLISHING SEVERABILITY AND SAVINGS CLAUSES; ESTABLISHING EFFECTIVE DATE C. $0.01 per $100 of assessed value for the qualified tangible personal property of a qualified individual who actively serves as a volunteer member of a fire and rescue department in Loudoun County, as allowed by law; and d. $0.525 per $100 of assessed value, equivalent to 50% of the tangible personal property rate, for the qualified tangible personal property owned by certain elderly and disabled persons, as identified in VA Code $58.1-3506.1 et seq and determined by the Loudoun County Commissioner of Revenue. SECTION II. Vehicle License Fee. That the calendar year 2025 vehicle license fee is hereby established to be $0.00 per vehicle. SECTION m. Repeal. That Ordinançes 24-02-01 (Setting the Personal Property Tax Rate, the Personal Property Tax Relief Rate and the Vehicle License Fee for CY2024), as well as all other prior ordinances and resolutions in conflict herewith, are. hereby repealed. SECTION IV. Severability. That if a court of competent jurisdiction deems any provision of this ordinance to be invalid, such holding shall in no way affect the validity of the remaining sections or provisions of this ordinance, which shall remain in full force and effect. SECTION V. Savings Clause. That all ordinances repealed by this ordinance shall remain in full force and effect until the effective date of this ordinance. The repeal of ordinances hereunder shall not affect the authority of the Town to prosecute, punish or penalize any violation of such ordinances that occurred before the repeal hereunder takes effect. SECTION VI. Effective Date. That this ordinance shall be effective January 1, 2025. PASSED THIS 13th DAY OF FEBRUARY, 2025 Chsh m. Christopher M. Bertaut, Mayor Town of Purcellville ATTEST: MimbeyBudy Kimberly Bandy, Twn Clerk Mayor Interim Town Manager Christopher Bertaut Town Kwasi Fraser - of Assistant Town Manager Diana Hays Council Susan Khalil urceliville Virginia 221 S. Nursery Avenue Carol Luke Purcellville, VA! 20132 Ben Nett wwwpureelwillvagoy Erin Rayner Caleb) J. Stought Kevin B. Wright TOWN OF PURCELLVILLE IN LOUDOUN COUNTY, VIRGIINIA RESOLUTION NO. 25-02-02 PRESENTED: FEBRUARY 13, 2025 ADOPTED: FEBRUARY 13, 2025 A RESOLUTION: REQUESTING ACCEPTANCE OF STREETS INTO URBAN HIGHWAY SYSTEM WHEREAS, construction is complete on two new roadways', ? they are now eligible for Virginia Department ofTransportation maintenance payments; and NOW, THEREFORE, BE IT RESOLVED by Council oft the Town ofPurcellville, Virginia hereby requests the Virginia Department ofTransportation to accept the following street as shown on the attached U-1 into the Urban Highway System for maintenance payments in accordance with $33.1-41.1 of the Code ofVirginia, 1950 as amended. PASSED THIS 13th DAY OF FEBRUARY, 2025. hitl 177, Christopher Bertaut, Mayor ATTEST: Kimberly Bandy, Roln Clerk Kintaurdy Interim Town Manager Mayor Kwasi Fraser Christopher Bertaut Town of Assistant Town Manager Diana Hays Council 221 S. Avenue Susan Khalil Nursery rMille Virginia Caroll Luke Purcellville, VA 20132 Ben Nett wwwpurelivilevago Erin Rayner Caleb) J. Stought Kevin B. Wright TOWN OF PURCELLVILLE IN LOUDOUN COUNTY, VIRGINIA RESOLUTION NO. 25-02-03 PRESENTED: FEBRUARY 13, 2025 ADOPTED: FEBRUARY 13, 2025 A RESOLUTION: TO INITIATE A COMPLETE FIVE-YEAR REVIEW AND UPDATE OF THE TOWN'S COMPREHENSIVE PLAN WHEREAS, The Town's Comprehensive Plan was last adopted on June 30, 2020, and WHEREAS, pursuant to Section 15.2-2230 of Virginia State Code, at least once every five years the Comprehensive Plan shall be reviewed by the local Planning Commission to determine whether it is advisable to amend the Plan, and WHEREAS, The current Comprehensive Plan recommends an annual review, five-year review and update, and a ten-year review of the Plan, and WHEREAS, to ensure the Comprehensive Plan remains a relevant and cohesive guiding document for decisions about future land use and development, infrastructure investments, public services, environmental protection, community character, economic development, cultural resources, open space and recreation, the Town Council desires to consider and adopt amendments to the Town's Comprehensive Plan in order to implement Sections 15.2-2223 - 15.2-2232 of the Code of Virginia which would include, but is not limited to, (i) an update of the Town's history and current census and economic information, (ii) an update of the status ofa all Town façilities, assets and resources, (1n1) a proactive and transparent citizen education, participation and engagement process, (iv) an update of the Plan for the physical development of the territory within its jurisdiction, and (v) an update of the Plan to include the Town's updated goals, objectives and recommendations for future implementation. Aj RESOLUTION: TO: INITIATE A COMPLETE FIVE- YEAR REVIEW AND UPDATE OF THE TOWN'S COMPREHENSIVE: PLAN NOW, THEREFORE, BE IT RESOLVED the Council directs the Town ofPurcellville Planning Commission to conduct a complete and thorough five-year review and update ofthe Town's Comprehensive Plan and to recommend all resulting amendments to the Town Council. PASSED THIS 13th DAY OF FEBRUARY, 2025. CKEL - RE Christopher Bertaut, Mayor ATTEST: Kimberly Bandy, Town Clerk Kmayanduy