MINUTES PURCELLVILLE TOWN COUNCIL MEETING TUESDAY, MARCH 11, 2025, 6:00 PM TOWN HALL COUNCIL CHAMBERS COUNCIL MEMBERS PRESENT: Mayor Christopher Bertaut, Vice Mayor Ben Nett, Council members Susan Khalil, Carol Luke > Erin Rayner, Caleb Stought, Kevin Wright STAFF PRESENT: Interim Town Manager Kwasi Fraser, Town Attorney John Cafferky, Assistant Town Manager Diana Hays, Police Department Interim Chief Sara Lombrana, Director of Human Resources LaDonna Snellbaker, Assistant Director of Finance Connie LeMarr, Director of Planning and Community Development Summer Wilkes, Director of Engineering and Capital Projects Andrea Broshkevitch, Planning Manager Boyd Lawrence, Planner Jordan Andrews, Economic Development Advisor John Heather, Town Clerk Kimberly Bandy CALL' TO ORDER: Mayor Bertaut called the meeting to order at 6:03 PM. The Pledge of Allegiance followed. AGENDA AMENDMENTS Council member Luke moved to remove 12E, the town manager vacancy, from the agenda, because the town council is the body that will determine which ofthe collected applications and resumes for the town manager position is best suited for the position in our town. The town council will use the 14 days until the next town council meeting to perform their reviews oft the 90 names. Council discussed the motion and there were questions on the timeline, and requests to discuss the attachments in the agenda packet, and associated timeline. LaDonna Snellbaker, Director of Human Kesources, confirmed there was a deadline of March 17th. (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: Aye) ADOPTION OF MEETING AGENDA Council member Khalil made the motion to adopt the March 11, 2025 Town Council Meeting agenda as amended. (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: Aye) CONSENT AGENDA: a. Approval of January 28, 2025 Meeting Minutes Council member Luke moved that the Purcellville Town Council approve the Consent Town Council Meeting March 11, 2025 Page 2 of17 agenda item 5a.as presented in the March 11, 2025 Town Council Meeting agenda packet with a already submitted correction. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) PUBLIC HEARINGS: a. Real Property Tax rate Increase Mayor Bertaut opened the public hearing at 6:11PM with the following statement: "The purpose for this hearing is to receive public comment on the proposed real estate tax rate for calendar year 2025. The adopted tax rate for calendar year 2024 was $.205 per $100 ofa assessed value. The Town. Manager has proposed that Town Council adopt a tax rate not to exceed $.205 per $100 of assessed value for calendar year 2025, no change from the prior year. 73 Assistant Director of Finance Connie LeMarr gave the report which included stating the Code of Virginia requires municipalities to advertise a tax rate increase when real property assessment re- evaluations exceed 1%. For tax year 2025, Purcellville's real property assessments increased by 6.54%. Excluding additional assessments associated with new construction, the equalized tax rate is .192. The equalized tax rate is the rate that would levy the same amount of revenue in 2025 as was levied in 2024 for existing properties. She continued with the town manager will present the proposed FY26 budget to the Council on March 19th, 2025, based on the current 205 rate. The budget schedule recommends the Town Council adopt the 2025 real estate tax rate during the March 25th meeting in order to meet the county tax rate reporting deadline of April 1st. Council member Wright asked Ms. LeMarr what the tax rate would be ifwe fully funded all department requests.in the budget. She answered that based on the information that she had, if the decision was made to fully fund all enhancement requests from all the departments, it would have added 8.7 cents for a total of 29.2 and at this time, the budget has in it, out of the 8.7, 7.2% remains unfunded and 1.5 is funded in the budget that will be received on March 19th. Council Member Stought confirmed that an equalized tax rate and a lowered tax rate are equivalent. There were no citizen/business comments. The public hearing was closed 6:17PM. b. Zoning Ordinance and Map Amendment Mayor Bertaut opened the public hearing at 6:17PM with the following statement: "The purpose for this hearing is to receive public comments concerning the approval and adoption ofthe drafted 2025 Zoning Ordinance and Map. " Director of Planning and Community Development, Summer Wilkes gave the report which included the following information and timeline; Pursuant to the Code of Virginia, Section 15-2-2285, the Planning Commission held a public hearing for the zoning ordinance draft and map on July 25th, 2024, where 58 public comments were received. The Planning Commission passed Resolution 24-07-03, recommending the Town Council to approve the zoning ordinance draft and map as presented at the public hearing with an addendum of changes to be incorporated into the final document as a result from citizen input. A final zoning ordinance draft, which included the amendment of changes, was presented by her, the Director of Planning, to the Town Council on October 8th, 2024. Two subsequent work sessions were held to review the draft, along with the planning staff recommendations. The Chair ofthe Planning Commission introduced the same final zoning ordinance draft to the Town Town Council Meeting March 11, 2025 Page 3 of17 Council on January 8th, 2025. Following the correction of formatting errors, also reviewed by the Town Attorney, the Planning Commission's final zoning ordinance draft was produced on January 28th, 2025, which was the copy presented. On February 13th, 2025, the Town Council approved the final document for public hearing. The full draft zoning ordinance and map could be found on the Town website and all the requirements for public notice, as well as mailing almost 1,200 letters to the affected parties were completed. Mayor Bertaut called upon Harvey Flynn, 220 W.J F Street to make a comment. Mr. Flynn shared that he brought with him a signed petition of himself and neighbors not wanting to be included in the historic district. Joan Lehr, 824 Woodbine, made comments on taking another review of the proposed historic district and reviewing what has happened in the past. Henry Heuer, 18415 Silcott Springs Road, who was representing Al and Barbara Mason of 341- A North Maple Avenue, downzoning oft taking away the opportunity of developing the property in the future which is government taking and is harmful. He respectfully asked to consider property owners and town finances for the future. Dan Reed, owner of properties on Nursery Ave, 18th Street, and 31st Street with other Loudoun County properties, made comment on the removal of duplexes that he was not in favor of. Mark Nelis, business owner of 196 N. 21st Street, shared he was pleased that there was a grandfather provision and the presented zoning ordinance still needed some work for the reason of it being exclusionary. He cited and questioned the deletion of the PDH Districts, introduction of AFR for business industrial, and the overuse of special use and special permits. He suggested having staff to be more involved in the process. Casey Chapman, 125 Hirst Road Case Co LLC, shared the proposed zoning ordinance was a downzoning, an overreach, and poorly constructed. He suggested to give guidance to staff and let them incorporate their professional opinion. Stan Milan, 232 Skyline Drive, shared comment from his experience of working on the C4 District and how the proposed ordinance is designed to restrict the development of any reasonable housing or businesses development in town. He shared that staff S opinion should be incorporated into the rewrite. Roger Wright, Purcellville resident, shared being disappointed in the last few years of Council and shared that his residence built in 1945 would become part of the historic district. He did not agree, felt the town was becoming an HOA and that the Planning Commission should be working on other things such as the water system and floodplains. Christie Morgan, Village Case resident, shared comments on where she resides, Village Case, is also a neo-traditional neighborhood which Purcellville should try and incorporate into the town and not get rid of. The town should offer more affordable housing. Town Council Meeting March 11, 2025 Page 4 of17 Magic Kayhan, 871 E. Main Street business owner, shared comments on believing that the proposed zoning ordinance shows the Council does not want business development in town. Council member Stought shared an email from Bev Chiasson on comments to reflect on history ofhistoric district and to not be in favor ofthe proposed zoning ordinance. Council member Rayner commented on the zoning ordinance not being ready and more staff input was necessary. She requested that staff share thoughts particularly on floodplains. Andrea Broshkevitch, Director of Engineering and Capital Projects, shared more insight on the proposed zoning ordinance in reference to floodplains. She shared the Town will need to update the floodplain regulations for the center section of town due to newly updated regression flow data, which show significantly higher flood levels than currently mapped. As a result, the Town should align its building elevation and floodproofing requirements with Loudoun County's standards, since they already review the Town's floodplain ordinance. Council member Rayner also requested Ms. Broshkevitch comment on a question about a proposed 18-foot curb cut limit on Hirst Road, which lies within all the overlay districts. Council member Rayner pointed out that this standard is not based on Virginia Department of Transportation (VDOT) guidelines nor supported by any scientific reasoning. She seeked clarification on the origin and rationale ofthis proposed limit, and why it might not be an effective or appropriate method for managing curb cuts. Ms. Broshkevitch shared that any business being built or updated must follow VDOT (Virginia Department of Transportation) standards for entrances, including curb cuts. The Town itself adheres to VDOT standards, even on roads it doesn't maintain, like Hirst Road and Main Street, which are fully under VDOT jurisdiction. VDOT sets entrance width requirements based on traffic type and volume with minimums of 30 feet for two-way and 16 feet for one-way entrances, and maximums of 40 feet and 20 feet respectively. The proposed local standard of an 18-foot maximum curb cut is not only unsupported by VDOT standards but could also create unnecessary permitting burdens, forcing applicants to seek special use permits to comply with state requirements. She recommended that the local ordinance simply requires adherence to VDOT standards to avoid conflict and inefficiency. Council member Rayner continued that she opposed removing duplexes as an allowed use in the R-3 zoning district, arguing that it undermines goals for economic development, downtown revitalization, and housing diversity. She emphasized that duplexes could contribute to more attainable housing options and support a vibrant, revitalized historic downtown. Additionally, Council member Rayner expressed concern that the proposed Mixed Commercial (MC) zoning encourages suburban-style development, which there could be an argument that contradicts the Comprehensive Plan's vision of transforming East Main Street into a more traditional, town-centered area. She called for clarification and alignment between the zoning ordinance and the Comprehensive Plan. She shared concerns about proposed zoning changes in the C-4 district and industrial zones. She shared they oppose limiting apartments to only two per building in C-4, noting it would have prevented successful revitalizations like the White Palace. Council member Rayner supported an alternative proposal to allow up to six apartments per building, which aligns with the Comprehensive Plan's vision of buildings no taller than three stories. She argued that market conditions and lot sizes would naturally regulate scale without imposing overly strict limits. Council member Rayner disagreed with the Planning Commission's proposal to merge the two existing industrial zones into one. She supported the staff's recommendation to keep them separate due to differing intensities and uses. Merging the zones would remove permitted use, Town Council Meeting March 11, 2025 Page 5 of17 potentially making existing businesses non-conforming, which contradicts the Comprehensive Plan's goal ofs sustaining local businesses. She also questioned the new lot size requirements in the combined industrial district, which would increase to 0.5-1.5 acres without justification, and request that change be removed. Council Member Wright opposed limiting residential units above commercial spaces in the C-4 District. He emphasized that many existing buildings already have upstairs apartments, which help business/property owners offset expenses and offer flexibility during economic downturns. This arrangement can lower commercial lease rates, supporting small, local businesses. He believes restricting this use undermines common sense and economic vitality. He also raised several concerns about other proposed zoning changes with Institutiona/Govemment District with new FAR, ISR, and OSR standards may overcomplicate development and slow down the approval process unnecessarily, deterring investment. He mentioned the Agricultural Commercial Zone reducing guest rooms in a country inn from 50 to 9 (requiring a special use permit for more) lacks justification and limits tourism potential. He highlighted the town's need for more local lodging due to nearby attractions and events. Council member Wright referenced PDH Zones, and if PDH (Planned Development Housing) zones are being phased out (legacy status), a new planned unit development (PUD) mechanism should be established. This would allow developers to submit master plans earlier in the process, helping assess impacts on infrastructure and services. He also made comment on Use Table Adjustments that he opposed removing "equestrian facility, residential" from R-2, supported adding private/special instruction schools to Agricultural Commercial (AC) zoning, supported permitting technical schools in AC and Industrial General (IG), and supported allowing assisted living facilities to help aging residents remain in town. Also, Council member Wright opposed Creek Setbacks as aj proposed 200-foot setback from creeks, calling it excessive, arbitrary, and unscientific. He questioned how creeks are defined and whether dry streams would also be included. He mentioned Downtown Overlay where he advocated for a master planning process to resolve existing development constraints in the downtown area before layering on more restrictive regulations. He said property owners were not properly engaged, and the proposed rules could hamper revitalization. Lastly, he concluded that the zoning update process lacked sufficient expert review and stakeholder engagement. Due to the number of changes needed, he said a second public hearing would be warranted before adoption. Vice Mayor Nett offered general thoughts, noting this is not his area of expertise and acknowledging that many differences may stem from varying philosophies on development and how the town should evolve. He shared as a homeowner; he sympathizes with concerns about government overreach and supports property owners' rights. He expressed curiosity about how grandfathering provisions would address the concerns raised by residents. He recalled attending planning commission meetings, including one with significant public turnout, and believes some residential concerns were addressed during that process. Vice Mayor Nett acknowledged that the zoning revision has been in progress for four to five years, with multiple public meetings held by the Planning Commission. He emphasized there was no immediate vote and expressed openness to further discussion, amendments, and potentially additional public hearings. Council member Luke expressed interest in hearing feedback from others and highlighted ongoing concerns about how previous zoning and overlay processes were handled. She referenced a historic overlay meeting where residents were "irate" due to confusion over redlined documents that were unclear- crossed-out text was not easily understood to mean rejection, Town Council Meeting March 11, 2025 Page 6 of17 causing frustration and lack of acceptance. She emphasized that the proposed changes deserve further examination and consideration and pointed out that increased density isn't the only concern- -traffic and street conditions, especially during school hours, are also major issues. Council member Luke urged that any future changes must balance various community needs and challenges, not just focus on development or zoning density. Councilmember Khalil expressed confusion and concern about the timing oft the public outcry. She noted the significant effort-"blood, sweat, and tears"- put into developing the proposal over several years and emphasized that there had been multiple opportunities for community and staffi input throughout the process. She questioned why major concerns are surfacing only now, rather than during earlier stages of the process and asked whether there was a disconnect in communication or outreach and stated an intent to follow up and understand what went wrong. Councilmember Stought responded to Councilmember Khalil's earlier question by affirming that public input was, in fact, given throughout the process via letters, emails, and comments, but that the reason people were speaking up again now was likely because they didn't feel heard the first time. He expressed frustration that despite extensive past feedback and changes made following the failed Historic Preservation Overlay Zone (HPOS) effort, residents were still being disregarded. He noted the shift from HPOS to HPOD (Overlay District) seemed like a superficial change and questioned why the will of the residents was again being ignored. Council member Stought criticized the removal of zoning tools such as clustering and PDH, which enabled developments like Mayfair and Village Case, arguing that eliminating them reduces future flexibility without clear justification. He questioned how removing duplexes aligns with the town's comprehensive plan goals of addressing affordable housing and preserving both historic and suburban areas. He also lamented the dismissal of thoughtful staff recommendations, which were pulled from the last meeting' S agenda without explanation. In closing, Council member Stought stated that Council appears to be ignoring residents, the comprehensive plan, and professional staff advice. He strongly suggested that a majority of Council had already privately decided the outcome, possibly outside of public view. Mayor Bertaut began by explaining the formal process for adopting or amending a zoning ordinance, as outlined in Virginia State Code $15.2-2285. This process involves the Planning Commission, with assistance from staff, drafting the ordinance or its amendments, holding a public hearing, and then incorporating feedback. In this case, the public hearing was held on July 25, and the draft was subsequently updated to reflect input from both staff and residents. The revised version is now under review by the Town Council and the public. Mayor Bertaut then addressed specific issues in the draft ordinançe. One of the more controversial topics is the proposed change in how duplexes are regulated. Currently allowed by-right, duplexes would now require a special use permit. This change was motivated by concerns from residents about large- scale redevelopment in existing neighborhoods and the resulting impact on traffic. Concerns about traffic were also cited in relation to proposed limits on residential units in the town's C-4 district. Given the narrow streets and already slow-moving traffic in that area, Mayor questioned the impact of significantly increasing residential density in that specific part oftown. Mayor Bertaut commented on changes to the Historic Protection Overlay Zone, he clarified that the only new requirement is additional approval for the total demolition of a historic structure, those meeting certain criteria such as age or historic designation. The changes do not affect homeowners' ability to paint, renovate, or repair their properties. He continued the topic of planned development housing (PDH) and explained that opportunities for such development Town Council Meeting March 11, 2025 Page 7 of17 within the current town limits are limited, and the comprehensive plan reflects a clear preference from residents not to expand the town's boundaries. As a result, PDH is being moved to legacy status, which protects the rights oft those already living in PDH areas while acknowledging that the tool is not presently needed but could be reactivated in the future. Mayor Bertaut closed by stating an intention to place the zoning ordinance on the agenda for the next Town Council meeting for further discussion and deliberation, and then formally closed the public hearing at 7:20PM. COMMUNITY HIGHLIGHTS Mayor Bertaut shared there are two ribbon-cutting ceremonies scheduled: one on March 28 for Enhanced Beauty and Wellness at 151 West Main Street, and another on April 4 for Shanti Aesthetics and Wellness Medicine at 500 East Main. On February 20, the Town launched a new online GIS Hub aimed at increasing transparency and public access to key information. The Hub features several applications, including My Neighborhood, broadband and phone project maps, snow plow tracking, weather monitoring, and lead service line inventories. Credit was given to GIS Specialist Reza Ghazvino and Planning Operations Coordinator Kendall Wisniewski for their work on the project. The Purcellville Police Department was congratulated for achieving re-accreditation, a voluntary process that involves meeting professional standards and undergoing an on-site assessment. Emily Johnson and the department team were acknowledged for their role. Additionally, Officer Fernandez became a General Instructor, and Officer Dixon earned the Safe Driving Award. In the Water Department, Kaylee Jodrie passed the Virginia Water Works Operator Class 4 exam. Thanks were extended to Brett Flynn, Keith Strosnider, Garrett Finniff, and Will Schneider for assisting with emergency water breaks in nearby Round Hill and Hamilton. CITIZEN/BUSINESS COMMENTS: Mayor Bertaut announced he would limit citizen comments to two minutes instead of the usual three due to the high number of speakers. Council member Stought raised a point of order and asked Town Attorney John Cafferky whether this change was permissible. Mr. Cafferky confirmed there is no formal council rule setting a specific time limit, though three minutes has historically been used. He explained that as long as the time limit is applied equally to all speakers and not based on the content oft their comments, any set duration--two, three, or five minutes--is legally acceptable. Mayor Bertaut added that this is the rule that the County Board of Supervisors follows when they have 10 or more to limit comments to two minutes. Paul McCray, 240 West O Street, shared his perspective based on 51 years of experience in local government, including a previous role in Purcellville. He criticized recent decisions made by the council, particularly the firing of a respected town manager and the appointment of an acting town manager whom he characterized as a campaign ally lacking proper qualifications. Mr. McCray expressed concern about changes made to job requirements to accommodate this appointment and referenced past issues tied to the individual's previous tenure. He emphasized that the town manager role should not be political and urged the council to make decisions that serve the best interests of all residents. He also called for greater respect toward the town staff, whom he described as dedicated and essential to the town's success. Town Council Meeting March 11, 2025 Page 8 of17 Jeff] Hedrick, 433 Chase Court, strongly criticized the current Purcellville Town Council, particularly Mayor Bertaut and Vice Mayor Nett, accusing them of unethical behavior and cronyism. He began by thanking Council Members Rayner, Stought, and Wright for their integrity but called the rest oft the council "cowards". for limiting public comment time. Mr. Hedrick questioned the lowering of town manager qualifications despite many applications, challenged the legitimacy of recent appointments, and alleged pre-election coordination to install friends in leadership roles. He referenced Vice Mayor Nett's inclusion on the Brady list, suggesting he lacks the integrity required for public service, and called out campaign contradictions regarding town staffing costs. Hedrick accused the council majority of acting in self-interest and demanded their resignation ifthey truly cared about the town. Kirsten Shields, a resident of Gate Post Court, expressed her concerns about the current state of the town and its leadership. She began by sharing lessons she taught her children, emphasizing the importance oft trust, responsibility, and integrity in group efforts. She highlighted the negative impact that the actions of a few can have on the whole group and stressed that those responsible for misdeeds should own up to them. Ms. Shields criticized a lack oft transparency and integrity in the town's leadership, urging them to do better. She also referenced a song by Violent Femmes, using it as a metaphor to encourage taking responsibility for one's actions. Ms. Shields concluded by saying that the town deserves better leadership and that the current state is not something they should accept. Christie Morgan addressed the Council, expressing her dissatisfaction with recent changes made at the last minute that affected her prepared comments. She read excerpts from a letter dated February 24th from the Commonwealth Attorney's Office, which stated that Officer Carl Nett had been placed on an internal rating list due to three incidents involving dishonesty. Ms. Morgan outlined these incidents, including Officer Nett's false sick leave claims, discrepancies in his attendance, and involvement in town council business while on duty. She emphasized that Officer Nett's integrity issues had led to his placement on the Brady List, which would impact his credibility in legal proceedings. Ms. Morgan questioned whether residents wanted someone with these issues in positions of authority, such as the police department and town council, and concluded by stating that associating with such individuals reflects poorly on others. Erica Stought, Purcellville resident, began by addressing the mayor's actions in limiting the time for public comments, claiming it was due to the content ofthe comments. She then criticized Vice Mayor Nett for downplaying the importance of proper procedures in civic government, stressing that failing to follow legal processes could expose the town to liability. Ms. Stought also questioned the town's decision to appoint Interim Town Manager Fraser without proper consideration of his history and qualifications, suggesting a quid pro quo arrangement. She argued that the decision to allow Fraser to apply for the position, despite the lowered qualifications, was a cover-up. Ms. Stought then discussed the planning commission process, highlighting the length of time it had taken and the rushed nature of the recent public hearing. She advocated for hearing from expert staff, particularly the Director of Planning, whose qualifications include a master's degree in urban planning and experience as a county planning director. Lastly, she mentioned that her water rates had remained unchanged for 68 days. Town Council Meeting March 11, 2025 Page 9 of17 Joan Lehr, a former council member and planning commissioner, expressed frustration with the current council's actions, claiming they fail to involve others and are not adequately representing residents. She criticized the council members for their lack of understanding oft their roles, specifically pointing out their failure to follow the town charter and ethics codes. Lair also argued that the votes to terminate the previous town manager and hire Interim Town Manager Fraser were illegal, citing potential conflicts of interest and issues with truthfulness and integrity related to Councilman Nett. She accused the council of trying to take control of the town and making poor decisions, particularly with the hiring of Fraser, whom she deemed unqualified. Ms. Lehr called for the resignation ofboth Mr. Nett and Mr. Fraser, asserting that their actions and lack of qualifications have damaged the town and placing an unqualified friend in the position of town manager will have repercussions. Jason Brownell, a resident and business owner in Purcellville, voiced his support for the proposed zoning ordinance grandfathering resolution and the new fire flow standards from the CHA report. He stated that adopting these measures would benefit the town by resolving uncertainties in development applications, thereby attracting new businesses, job opportunities, customers, and revenue. He thanked the town staff and council for addressing these important issues. Rick Travers, 37780 Remington Drive, criticized the Town Council for its handling of the interim town manager transition, calling the firing oft the previous manager and hiring of former mayor Fraser "shameful" and suggestive of corruption. He emphasized the need for a qualified, professional town manager with proper education and experience, referencing the discrepancies between the job description initially intended and the one ultimately used. Mr. Travers urged the Council not to hire Mr. Fraser, stating that the town deserves better leadership. He reiterated that Fraser is not a qualified professional town manager under the original job requirements, which were only changed at the last council meeting to suit him Daniel Carville voiced strong concern about the treatment of town staff, particularly Purcellville police officers. He highlighted the emotional and physical toll their job entails- dealing with trauma, violent crime, and long, stressful hours with limited resources and backup. He criticized political interference from the Town Council, including past campaign promises to cut the police force, and condemned the decision to opt for a substandard police facility instead ofi investing in a proper one. Carville strongly called for the removal of Officer Ben Nett, labeling his continued presence on the force a disgrace. He concluded by criticizing the officer's behavior, likening it unfavorably to fictional TV characters. Stanley J. Milan, former Mayor, criticized the Town Council's leadership, particularly the SO- called "Mayberry majority, 11 for unethical decisions and lack of transparency- especially in appointing an unqualified interim town manager. He expressed alarm over the continued employment ofOfficer Carl Ben Nett, who was placed on the Brady-Giglio list, calling it damaging to the integrity of law enforcement and potentially harmful to past and future legal cases. Mr. Milan lamented the council's distraction from meaningful governance and criticized the cancellation of Planning Commission meetings, arguing there is important work to be done- Town Council Meeting March 11, 2025 Page 10 of17 such as reviewing the Comprehensive Plan and planning for a farmers market. He ended by calling out the council for lacking integrity and putting politics before the community. Chris Stevenson, a 23 year resident ofPurcellville, expressed gratitude to the mayor and town council for their service and acknowledged the personal sacrifices involved. He defended several council members and Interim Town Manager Kwasi Fraser, calling them honest, trustworthy, and open to respectful dialogue. While recognizing that community concerns are legitimate, he urged everyone to move away from anger and instead engage in respectful, kind conversations to find constructive solutions. Beth Goldsmith, a long-time Purcellville resident and town employee, emphasized the importance of integrity and accountability in leadership. Drawing on her background as a former special education teacher working with at-risk youth, she highlighted how actions have consequences and urged the council to model honorable behavior. She expressed concern that some council members might be making poor decisions and warned them that a lack ofi integrity would eventually have consequences. She urged council members to think independently and concluded by calling for Councilmember Nett to resign, stating his reputation is damaging to the town. Casey Chapman, 125 Hirst Road Case Co LLC, acknowledged the public frustration present at the meeting and emphasized that while aggression isn't appropriate, strong and collective voices are sometimes necessary to provoke change. He expressed support and gratitude for local firefighters and police officers, urging more recognition and resources for their service. Mr. Chapman criticized the Mayor's public apology to Ron Rise Sr., stating it should have gone to Zoning Administrator Summer Wilkes, who was wronged. He also condemned the Town Council's treatment of staff, particularly the Human Resources Director, and cited the lack of air conditioning in the meeting room as symbolic of broader underfunding issues driven by a refusal to support town growth. Council member Rayner read two emails submitted by citizens Brian Morgan and Mary Jane Williams. Brian Morgan (Village Case resident) expressed concern over growing community frustration and a pattern of 4-3 split votes on the Town Council, despite local elections being nonpartisan. He urged the mayor and council to work collaboratively for all Purcellville residents, not just their voters. Morgan criticized what he sees as campaign-style decision- making, calling instead for cooperative, creative governance that reflects the needs ofi the entire community. Mary Jane Williams (former Councilwoman) submitted her remarks in writing due to a family emergency. She criticized the poor decorum at Council meetings and denounced the disrespect shown to staff, particularly women. She rebuked Mayor Bertaut for apologizing on behalf of residents and for failing to apologize for his own past disrespectful comments toward staff. Ms. Williams also called out the Mayor's raise amid budget cuts and accused some Council members ofbeing untruthful, specifically singling out Council member Nett. She concluded by warning about the reputational damage of associating with dishonest behavior. Town Council Meeting March 11, 2025 Page 11 of17 MAYOR AND COUNCIL COMMENTS: Council member Rayner used hers comments to highlight positive developments in the community, rather than focusing on recent negativity. She congratulated the Purcellville Police Department for earning its fifth accreditation from the Virginia Law Enforcement Professional Standards Commission, recognizing the efforts of current and former chiefs, staff, and officers. She commended Acting Sergeant Michael Dixon for receiving a safe driving award for three years of collision-free driving. She also acknowledged Lieutenant David Camp's promotion after a competitive selection process, describing him as a strong community policing officer. Council member Rayner thanked the Public Works Department for their assistance to Round Hill during ai major waterline break, noting the importance of regional cooperation. She recognized the Woodgrove High School Wrestling Team for once again winning the 4A state championship and expressed interest in formally honoring them at a future Council meeting. She highlighted the season opener of the new professional basketball team, the Valley Vipers, which began with a ribbon cutting; their next game is scheduled for March 15 at Patrick Henry College. Lastly, she noted the upcoming openings of two medical spas in town on March 28 and April 4, adding to local business activity. Council member Wright expressed deep concern about the negative attention Purcellville has received over the past ten weeks, noting that the town has been the subject of unflattering headlines on a weekly basis. He described how embarrassing it has become to be associated with the current leadership, as the town is mocked locally, regionally, and potentially soon on a national level. Speaking as a lifelong resident who deeply cares about the town's reputation, Wright criticized the actions of the seven elected officials, stating they should be held to high ethical standards and prioritize the town's interests over personal agendas. He condemned dismissive attitudes toward citizens who speak out and criticized suggestions like removing dissenters with police or unincorporating the town. Wright emphasized the responsibility of elected officials to act with integrity, transparency, and inclusivity. He concluded by posing five pointed questions to his fellow council members, challenging them to reflect on their motives, commitment to the town, and willingness to change course for the betterment of the community. Vice Mayor Nett spoke to Mr. Cafferky, and remarked "if only they knew what we know" ad he would refrain from making comments this evening. Council member Luke made no comment Council member Khalil made no comment. Council member Stought Council member Stought began by congratulating Sergeant and now Lieutenant Camp, as well as recognizing the hard work of the Public Works Department for assisting Round Hill during an emergency water line break. He praised their ability to fabricate an emergency gasket overnight with limited resources. He expressed deep dissatisfaction with the current state of town leadership. He criticized the Council for firing a respected town manager who had received a standing ovation from staff upon his departure. He also questioned the transparency ofthe process through which the interim town manager was selected, mentioning discrepancies in accounts of interviews and the lack of supporting documentation. Town Council Meeting March 11, 2025 Page 12 of17 Council member Stought voiced concerns about the Council's closed-door decision-making. suggesting that key decisions were being made outside of public view, creating doubts about potential conflicts ofi interest. He highlighted the appointment of a politically aligned individual as town manager without proper vetting and the unfair treatment of the HR director. He concluded by reinforcing the idea that the process lacked transparency and left the public questioning the integrity oft the Council's S actions. Mayor Bertaut made note of last week, Supervisor Kershner's office, alongside support from Andrea Broshkevitch, secured $1.1 million in local transportation funding for the Town's 287 Eastgate Drive/Patrick Henry Circle hybrid roundabout project for FY27. Although this amount doesn't fully cover the construction costs, additional grant funding is expected. He also addressed concerns about public conduct during meetings, emphasizing the importance of maintaining civility and order. He noted that former town council members had disrupted meetings inappropriately, which he found particularly troubling. Additionally, Mayor Bertaut stated that the town manager position is appointed by the Town Council, which is responsible for reviewing applications. He mentioned that the resumes were only made available for review the day before, and the Council requested more time to thoroughly evaluate the candidates and make an informed decision. INTERIM TOWN MANAGER UPDATES Kwasi Fraser shared that it has been a very productive week in his role as Interim Town Manager. He met with County Administrator Tim Hemstreet to discuss a potential partnership on sewer and water extensions that could bring additional revenue to Purcellville, depending on how the agreement is structured. Fraser and Jason Didawick also met with representatives from Johns Hopkins University's Applied Physics Lab, which is involved in cutting-edge work including rapid prototyping and advanced manufacturing. He suggested that such partnerships could help the town address Capital Improvement Plan (CIP) needs without waiting for traditional funding. Mr. Fraser noted that the town's budget will be presented on March 19 and praised the staff's efforts in putting it together. He shared that the CIP presentation has been finalized and emphasized the strength of his own qualifications, including an MBA in finance from Rutgers University, executive education from Harvard Business School, a bachelor'si in engineering from Stony Brook University, and appointments by Governor Youngkin and a former EPA administrator. He underscored his experience across local, state, federal, and international levels of government. To offer more context for those unfamiliar with him, Mr. Fraser shared his personal background, recalling his arrival in the United States at age 12 and growing up in a two- bedroom apartment in California with his parents and four siblings. Despite humble beginnings, his family instilled in him the values of dignity, integrity, and a deep respect for education. Council member Wright called for a point of order for it not to be a resume process. Mayor Bertaut called for a 5-minute recess at 8:22PM. Town Council Meeting March 11, 2025 Page 13 of17 ACTION ITEMS a. Amendments to Sidewalk Clearing Ordinance John Cafferky, Town Attorney, gave the report. He shared at the last Council meeting, there was aj productive discussion about updating the Town's outdated snow removal ordinance, which hasn't been revised in decades. Council members were invited to submit comments on the proposed changes, but only Council Member Rayner provided feedback. His comment focused on the time allowed for clearing snow and ice from walkways, specifically suggesting that both residents and businesses be given the same 24-hour window. The current ordinance requires snow removal within six hours, which is more aggressive than the 24-hour standard found in most other jurisdictions, including Leesburg. The draft ordinance had proposed keeping the six- hour requirement for businesses while giving residents 24 hours, drawing from other municipalities that prioritize faster clearance for businesses. Rayner, however, recommended a uniform 24-hour standard for fairness. Apart from this, the draft includes enforcement language and allows for exceptions in cases of undue hardship. The Council was asked to provide direction on whether to move forward by finalizing the ordinance for adoption at the next meeting. Council member Rayner and Council member Stought planned on working with Jason Didawick, Director of Public Works, and community groups in creating a helping hands committee of volunteers. b. Town Code Amendment Town Code Amendment, Article IV, Division 3- Economic Development Advisory Committee (EDAC) Mayor Bertaut introduced the item and noted that the number of citizens should be 4. Council discussed and there were points made of creating a solution for a problem that does not exist, and other Council members were in favor of having slotted more town residents for the EDAC committee. It was confirmed there were four residents currently on the committee and would be compliant with the suggested change. John Cafferky, Town Attorney, advised the action be taken at the next meeting with an ordinance presented. C. Local Choice Network LaDonna Snellbaker gave the report. She shared the FY26 Health Benefits Renewal Package received on February 21 from the town's health insurer through the Local Choice Health Benefits Program, which allows local jurisdictions to access competitively priced insurance by pooling participants. This consortium enables the town to secure lower rates than it could on its own. To continue coverage for FY26, the town must submit its intent to renew by April 1. The average premium increase is 5.3%, which is notably below the projected industry increase of 8.9% to 9.5%. The recommendation is to maintain the current health plan, Key Advantage 250, and continue the existing cost-sharing structure where the town covers 85% and employees pay 15%. Council member Wright questioned the Town Attorney if there was an issue for Vice Mayor Nett, as a town employee, to cast a vote on the health benefits renewal since it affects what employees including himself -will pay. It was clarified that there is no conflict of interest because the benefit applies equally to all town employees. As long as Vice Mayor Nett can Town Council Meeting March 11, 2025 Page 14 of17 consider the matter fairly, he is permitted to vote. This is a standard situation where disclosure is sufficient and voting is allowed under conflict-of-interest rules. Council member Stought moved that the Town Council endorse and adopt the town of Purcellville's continued participation in the Key Advantage 250 Plan offered by the Local Choice Health Benefits Program. He further moved that the Town Council continues the current cost share of 85% paid by the town and 15% paid by the employee. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) DISCUSSION a. Assessment of Staff Report Support Level and Value Proposition for Main Street USA Steering Committee Mayor Bertaut shared on March 12, 2025, Virginia Main Street Program Administrator Blair Bergler will lead two working sessions in Purcellville focused on forming a Main Street Steering Committee. These sessions follow her initial workshop held on August 12, 2024, and aim to guide the town toward becoming a successful and inclusive Main Street community. The steering committee is the first step in empowering local businesses and community members to lead efforts in planning and promoting the revitalization of Purcellville's historic downtown. Council member Khalil requested to make a motion and was granted. Council member Khalil moved to direct the town attorney to prepare a resolution ending the town's participation in the Main Street USA program, to be adopted at the next town council meeting, and directing the town manager not to engage or employ town staff in activities related to that program, "due to the financial commitment that this will put on our town". Council member Stought requested aj point of order and noticed the motion was not in the agenda packet nor the summary of motions. Mayor Bertaut stated the item is on the agenda. Council member Rayner disagreed with the motion, showed support for the program and stated there is no cost to the town. Council member Wright requested what the cost of this item is to base his decision on and did not information of a cost amount. Council member Luke read out of the Main Street manual and stated it was supported by the town and the director should be full- time and was concerned to have the town be in further financial constraints. Council member Khalil shared on page six ofthe guidelines; "For communities with 5,000 or more in population, the executive director must be full-time". The town is 9,000 and our executive director is part-time and would have to make that person full-time with an immediate bump. Council Member Stought expressed strong frustration and disappointment over the lack of transparency and professionalism in the town's government operations. He criticized the last- minute changes to the meeting agenda and the introduction of motions not included in the publicly posted agenda packet, which is supposed to be available three days in advance. Stought Town Council Meeting March 11, 2025 Page 15 of17 called the situation a "farce" and an "embarrassment, 99 emphasizing that neither the public nor some council members were made aware of the motion beforehand. He stressed that such practices undermine representative government and expressed his embarrassment for both himself and the town. Council member Stought asked for clarification on the financial commitment the town has made regarding the Main Street initiative, beyond the 10% of time anticipated from the Economic Development Advisory Committee (EDAC) advisor and other staff time noted in the staff report. He sought to understand ifthere were any additional financial obligations already committed by the town. Summer Wilkes, Director of Planning and Community Development responded the town has made no financial commitment to the Main Street program beyond staff time. Participation by local governments in Main Street initiatives varies widely- from none to full involvement- -and it is ultimately a community-led effort. While government support can enhance success, the program can also thrive with zero town funding, relying solely on volunteers, as seen in places like Leesburg and Charlestown, WV.Any future financial support would be optional and decided by the town and it was confirmed it could be a full-time volunteer/citizen. The Council submitted a resolution in support ofthe program. Council member Rayner considered this an insult to the committee without having a clear understanding of the program and short sighted. Council member Luke may have assumed that there was a financial obligation and this should be the business owner initiative. Council member Khalil restated the motion after already having a second. (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: Aye) Council member Stought disagreed with Mayor Bertaut's S statement and the motion not being aligned. This item will be brought forth to the next meeting. b. Town Fire Flow Standards Adoption Jordan Andrews, Planner, gave the following report with summarizing the need for the Town to formally adopt its own fire flow standards due to its unique, rural municipal water system. Currently, fire flow levels (in gallons per minute for a set duration) are applied based on precedent, but are not officially recognized by the county fire marshal unless codified in Town Code. A fire flow study by CHA Consulting supported adopting national standards from the National Fire Protection Association, which base required fire flows on building size, materials, and fire protection features. These standards would allow for local flexibility, recognizing the town's water supply limitations, while still ensuring safety. Adoption would also require buildings exceeding the town's flow capacity to implement measures like sprinklers or fire- resistant materials. The fire marshal supports this move, and current flow practices--1,750 GPM for residential and 2,000 GPM for commercial-are consistent with the proposed codified standards. Council had a favorable discussion with staff and they were in favor of the adoption oft this ordinance. Town Council Meeting March 11, 2025 Page 160 of17 Council member Rayner moved that the town council direct staff to initiate the necessary public hearing process to amend the town code implementing fire flow standards as found in NFPA 1, Chapter 18.4, Fire Flow Requirements for Buildings. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) Due to the late hour, Council member Rayner requested that we skip 12c. Amendments to Town Code Adding Items from Zoning Ordinance and move to 12d. Approval of Procedural Ordinance for an Electrical Current Services Franchise Agreement. Mayor Bertaut confirmed with Boyd Lawrence, Planning Manager, the item had no urgency. Council member Stought moved to extend "the meeting" to cover item 12d. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) C. Amendments to Town Code Adding Items from Zoning Ordinance (Postponed by motion) d. Approval of Procedural Ordinance for an Electrical Current Services Franchise Agreement John Cafferky, Town Attorney, spoke to the Council regarding the adoption of a procedural ordinance related to a new franchise agreement for electric service, noting that his partner Jeremy Root had handled most of the negotiations with Dominion. The Town's previous agreement, a 40-year deal established in 1972, expired in 2012 but remained in effect under state law. Both the Town and Dominion now seek to replace it with a new agreement that better reflects current standards and clarifies the Town's authority over the location and approval of electric facilities. The process to establish the new. agreement involves two steps. First, the Council must adopt a procedural ordinance that sets out the required bid process, since the proposed agreement would exceed five years in duration. Although it is unlikely that anyone other than Dominion will bid, the law prohibits pre-selecting a provider. The ordinance includes a compressed timeline for public notice and the bid process. The second step would be the Council's consideration and vote on the franchise agreement itself, currently targeted for. April 8. The speaker urged the Council to adopt the ordinance that evening to move forward with resolving an issue that has been pending for years. There were no questions. Council member Wright moved that the Town Council adopt the proposed Procedural Ordinance 25-03-01, as presented in the March 11, 2025 packet, which will require Town Council approval to initiate a public bid process for the purpose of granting a franchise to an electrical current service provider willing to enter into the electric current service franchise agreement. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) Town Council Meeting March 11, 2025 Page 17 of17 e. Town Manager Vacancy (Removed by amendment) f. Future Town Council Meetings and Agenda Topics (Not discussed) ADJOURNMENT: With no further business, Council member Stought made a motion to adjourn the meeting at 9:39PM. n171 1 . Christophér Bertaut, Mayor Vimballnndy Kimberly Bandy/ Town Clerk Mayor Interim Town Manager Christopher Bertaut Town Kwasi Fraser Assistant Town Manager Diana Hays Council Susan Khalil 221 S.1 Nursery Avenue rteMille Virginia Carol Luke Purcellville, VA 20132 Ben Nett wwwpureelvllevragov Erin! Rayner Caleb) J. Stought Kevin B. Wright TOWN OF PURCELLVILLE IN LOUDOUN COUNTY, VIRGINIA ORDINANCE NO. 25-03-01 PRESENTED: March 11, 2025 ADOPTED: March 11, 2025 AN ORDINANCE: PROCEDURE ORDINANCE REGARDING AN ELECTRIC CURRENT SERVICES FRANCHISE AGREEMENT WHEREAS, the Town has the authority to grant franchises and other authorizations for the use and occupancy of the Public Rights-of-Way; and WHEREAS, on May 23, 1972, the Town Council adopted an ordinance granting an electric current services franchise to the Virginia Electric and Power Company for the term of 40 years (the "1972 Franchise"); and WHEREAS, the 1972 Franchise has expired and the Town desires to grant an updated electric current services franchise for the continued use and occupancy of the Public Rights-of-Way; and WHEREAS, Sections 15.2-2100 through 2102 of the Code of Virginia ("State Code") require that any grant of a franchise for the use and occupancy of the Public Rights-of-Way shall be approved by an ordinançe of the Town Council; and WHEREAS, the State Code further describes that any franchise granted for a term of more than five years shall be selected through a public bid process; and WHEREAS, consistent with applicable law, the Town desires to minimize inconvenience and disruption to the public, provide for orderly and efficient use of the Public Rights-of-Way now and into the future, preserve adequate capacity for existing and future uses of the Public Rights-of- Way; and AN ORDINANCE: PROCEDURE ORDINANCE REGARDING AN ELECTRIC CURRENT SERVICES FRANCHISE AGREEMENT WHEREAS, in compliance with State Code, the Town has established a procedure for a public bid and granting ordinance for a proposed 30-year electric current services franchise. THEREFORE, BE IT ORDAINED that the Town Council of the Town of Purcellville adopts this as a procedural ordinance noted as Ordinance 25-03-01 as the first of a two-step ordinance process in obtaining an electric current services franchise agreement. PASSED THIS 11th DAY OF MARCH, 2025. - Chilm. 15u Christopher Bertaut, Mayor ATTEST: KimbaBandey Kimberly Bandy, Town Clerk