MINUTES PURCELLVILLE TOWN COUNCIL MEETING WORK SESSION TUESDAY, MARCH 25, 2025, 6:00 PM TOWN HALL COUNCIL CHAMBERS COUNCIL MEMBERS PRESENT: Mayor Christopher Bertaut, Vice Mayor Ben Nett, Council members Erin Rayner, Susan Khalil, Carol Luke, Caleb Stought, 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 ofl Human Resources LaDonna Snellbaker, Assistant Director ofFinance Connie LeMarr, Director of Planning and Community Development Summer Wilkes, Director of Engineering and Capital Projects Andrea Broshkevitch, Senior Capital Projects Manager Jessica Keller, Planner Jordan Andrews, Town Clerk Kimberly Bandy CALL' TO ORDER: Mayor Bertaut called the meeting to order at 6:00 PM. The Pledge of Allegiance followed. AGENDA AMENDMENTS Council member Stought made the motion to move CONSENT AGENDA 5.d. Ordinance 25-03- 04 Town Code Amendment, Article IV, Divisions 3 - Economic Development Advisory Committee be moved to ACTION 11.d. Council member Stought shared the need for further discussion, as this item did not have consensus from the full Council at the last meeting. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) ADOPTION OF MEETING AGENDA Council member Stought made the motion that the Purcellville Town Council adopt the March 25, 2025 Town Council Meeting Work Session agenda as amended. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) CONSENT AGENDA: a. Approval of 6, 2025 Town Council Special Meeting Minutes b. Approval of March 19, 2025 Town Council Special Meeting Budget Work Session Minutes C. Ordinance 25-03-03 Adoption of Sidewalk Clearing d. Deed of Dedication, Easement and Vacation - 32nd & Main Street Intersection Improvements Town Council Meeting Work Session March 25, 2025 Page 2 of1 16 Council member Stought moved that the Purcellville Town Council approve the Consent agenda item 5a. through 5d. as presented in the March 25, 2025 Town Council Meeting Work Session agenda packet where formerly 5e. would now be 5d. (Carried: 7-0, Rayner: Aye, Khalil: Aye, Stought: Aye, Luke: Aye, Nett: Aye; Wright: Aye, Bertaut: Aye) PUBLIC: HEARING a. Design for G Street Sidewalk Improvements Mayor Bertaut opened the public hearing at 6:07PM. Senior Capital Projects Manager Jessica Keller gave the introduction as the Town is in the process of designing sidewalk and associated improvements along East G Street from East E Street/South 12th Street to approximately 350 feet east of South 11th Street. This design public hearing is being held to gain input from the community. Proposed improvements are American with Disabilities (ADA) compliant sidewalk, curb ramps, and crosswalks for pedestrian connectivity and safety, and curb and gutter, storm inlets, storm pipes, driveway culverts, and roadside conveyance ditches for drainage. The Town was awarded $2,733,414 in project funding from the federal Transportation Alternatives Program (Safe Routes to School category) administered by the Virginia Department of Transportation (VDOT). Construction is anticipated in late 2026 or early 2027. Present in Council Chambers were the design engineer, CES Consulting, Krishna Potturi, (Caroline Rice, Vishwambhara Shetty) who gave the project overview. There was one public comment from Casey Chapman, 125 Hirst Road, CaseCo LLC in favor ofthis project. There was a briefCouncil discussion and the Mayor closed the public hearing at 6:16PM. CITIZEN/BUSINESS COMMENTS: Brian Morgan, 608 Gray Sands Lane, voiced strong criticism of the Mayor and Council members Luke, Khalil, and Nett. He accused them ofl betraying the trust of the community and acting against its best interests. Specifically, he condemned the firing of former Town Manager Rick Bernseth, calling it a political move to install Kwasi Fraser, an unqualified campaign supporter, as a replacement. Mr. Morgan alleged that Council members coordinated their agenda in secret, by-passing transparency and Freedom of Information Act (FOIA) requirements by using personal communications. He pointed to rushed decisions, lack of staff input, and consistent 4-3 votes as evidence of improper governance. Mr. Morgan also accused the Council ofverbal abuse toward staff and oft tarnishing Purcellville's reputation beyond town limits. Concluding his remarks, he announced the launch of a recall campaign targeting the Mayor and the three Council members and said petitions would be available outside for those wishing to sign. Josh Shields, a Purcellville resident and small business co-owner, criticized the majority oft the Town Council for ignoring public input and reversing prior decisions without proper process. He expressed concern over the Council's abrupt move to withdraw from the Main Street America program, claiming they failed to research its benefits or seek community feedback. Mr. Shields emphasized the program's success in similar towns and urged reconsideration. He thanked Council Members Rayner, Wright, and Stought for their integrity and patience, and condemned the rest for behavior he believes harms the town's values. Town Council Meeting Work Session March 25, 2025 Page 3 of 16 Amanda Dayton, business owner at 151 West Main Street and member of EDAC and the Main Street Steering Committee, urged the Town Council to maintain its letter of support for the Main Street Virginia program. She clarified confusion from a prior meeting, noting the town is pursuing the state-based Main Street Virginia initiative, not the national Main Street America program. Ms. Dayton emphasized that significant private investment and community effort have already been made to establish the program locally, and while no town funding is being requested, continued support is essential for eligibility and progress. She stressed the program's role in economic revitalization and reducing residents' tax burdens by strengthening the local business base. Her request to Council: take no further action and let the existing support letter stand. Christie Morgan of 608 Gray Sands Lane expressed frustration over a lack of transparency, accountability, and progress by the Purcellville Town Council. She criticized the continued employment ofVice Mayor Ben Nett, alleged manipulation of the town manager. job requirements to benefit Interim Town Manager Fraser, and the absence of updates on key issues, including the town's $1.6 million general fund shortfall. Ms. Morgan also challenged the Council's rejection ofthe Main Street program despite no financial cost and criticized the failure to lower the property tax rate to offset rising home valuations. She called for the recall of Mayor Bertaut, Vice Mayor Nett, Council member Luke, and Council member Khalil, accusing them of misleading voters, and invited residents to join the recall effort via the Purcellville Deserves Better" Facebook page or by signing a petition. Nan Joseph Forbes, a longtime resident of341 West Main Street, voiced strong support for the new: zoning ordinance, stating it aligns with the town's comprehensive plan and reflects extensive citizen input. She emphasized the Planning Commission's thorough, years-long process in developing the ordinance, guided by data and staffi input but grounded in the Commission' S independent judgment. Ms. Forbes clarified that the ordinance's proposed historic district provisions simply extend existing protections for older structures and do not impose aesthetic restrictions on homeowners. She also highlighted a detailed, data-driven analysis by Nedim Ogelman and others that informed the by-right standards in the ordinance. Ms. Forbes urged the Town Council to approve the zoning ordinance as recommended by the Planning Commission. Harvey Flynn, a resident of220 W.1 F Street, expressed disappointment in the current state of Purcellville, saying he used to be proud of the town, but is now embarrassed due to frequent negative news coverage. He praised the improvements in the town's water system and public works, highlighting the excellent performance of staff over the years. Mr. Flynn strongly criticized the Town Council for denying cost-of-living raises to town employees, arguing it was unfair, especially given past leadership raises. He accused the Council of disregarding staff morale and trying to "rob Peter to pay Paul," 97 warning this would harm employees. Mr. Flynn also challenged a past mayor's S efforts to outsource public works functions and voiced frustration about being unable to directly address a council member. He concluded by questioning the legality of appointing unqualified individuals to positions, implying it could expose the town to lawsuits. Town Council Meeting Work Session March 25, 2025 Page 4 of16 Paul Kakol of510 South Maple Avenue voiced deep frustration with the current state oflocal politics in Purcellville, comparing it to the dysfunction of Washington, D.C., and lamenting that the town feels more like a political swamp than a community. He emphasized that the root issue is that the Council has forgotten the foundational principle of"We the People. 9 Kakol noted widespread community frustration and urged Council members to treat each other and residents with respect, reminding them that they are neighbors. He expressed personal respect for Council Member Nett but criticized the overall divisiveness and lack of unity among the Council. Mr. Kakol repeatedly urged the Council to "pump the brakes," warning that their decisions have serious consequences and that continued discord will only deepen public dissatisfaction. His main plea was for Council members to stop, listen to constituents, and work together to restore trust and cooperation. Mary Jane Williams of 313 Locust Grove Drive voiced concern over several issues in Purcellville governance. She criticized the limited public exposure to expert-recommended zoning ordinance changes and expressed skepticism about the ordinance's long-term impact, warning it could drive away residents and businesses. Ms. Williams questioned the town's reliance on meals tax revenue to pay utility debt, especially amid inflation and fixed incomes, suggesting it could create a financial shortfall. She raised concerns about the financial plan and merit-based pay replacing cost-of-living adjustments (COLA), noting it could reduce real income for experienced staff. She urged the Council to heed professional advice from Davenport and Stantec and criticized false hopes about water rate reductions, claiming "Team Mayberry" is unlikely to deliver actual decreases. Closing her remarks, Ms. Williams announced her intent to sign a recall petition targeting certain Council members and praised three Council members whom she believes are genuinely advocating for the town's staff, residents, and businesses. Beverly Chiasson criticized the Purcellville Town Council majority for lack oft transparency, ethical concerns, and budget mismanagement. She argued that the Planning Commission violated the comprehensive plan by rejecting the Fields Farm rezoning and 690 interchange. Drawing on her decade of service on the Finance Committee, she warned that the current budget fails to ensure utility fees cover system costs, as required. She expressed conçern over depleted reserves, anticipated general fund issues, and the long-term consequences ofi ignoring financial realities. Ms. Chaisson accused the council majority of ignoring the voices of other elected members and the public, fostering a hostile environment for staff, and acting unilaterally. She concluded by referencing past legal representation losses and suggested the town cannot survive under the current leadership. Mark Broshkevitch, a resident of Pickwick Drive, addressed the Purcellville Town Council by reading and paraphrasing the Town's own Code of Ethics. He emphasized several core principles including upholding the law, prioritizing public interest over personal or group loyalty, avoiding conflicts of interest, adhering to the Freedom ofl Information Act, and ensuring transparency and accountability. He questioned how "the majority" oft the current council could reconcile their recent actions- such as undermining governance structures and removing checks on power- with their ethical obligations. He described the situation as the death of democracy in real time" and called on all council members to reaffirm their commitment to the Code of Ethics and publicly explain how their conduct aligns with it. Town Council Meeting Work Session March 25, 2025 Page 5 of16 Casey Chapman, 125 Hirst Road Case Co LLC, criticized the development process ofthe upcoming zoning ordinance and map, expressing strong disagreement with the notion that it aligns with the town's Comprehensive Plan. While he praised Nan Forbes for her professionalism as Chair of the Planning Commission, he disputed her view that the ordinance is well-thought-out. Using satirical analogies, Mr. Chapman described the process as haphazard and lacking in transparency, alleging that Council members, Nedim Ogelman and Ron Rise Sr. disregarded professional input and staff feedback in favor of their own arbitrary ideas. He claimed the resulting document is overly complex, layered with arbitrary overlays and vague policies, and lacking clear understanding of its financial or practical impact on the town. He urged Council to reconsider passing the ordinance in its current form. Erica Stought, 210 Upper Brook Terrace, criticized the behavior of the Mayor, Vice Mayor Nett, and other council members, accusing them of engaging in appalling conduct during past meetings and public interactions. She highlighted instances ofi interruptions, public shouting, and threats made against her and others who opposed the current administration. Ms. Stought also questioned the integrity ofthe Interim Town Manager Fraser, referring to his controversial past as mayor and his involvement in costly lawsuits. She expressed concerns about the zoning ordinance, pointing out errors and a lack of transparency, and criticized the Planning Commission's handling of public feedback. Ms. Stought raised concerns about a conflict of interest involving Vice Mayor Nett's vote on the town manager, given his political ties, and questioned his integrity. Lastly, she called out the failure to reduce water rates as promised during the campaign, accusing council members of misleading the public. Stanley Milan of 232 E. Skyline Drive addressed the Town Council, expressing dissatisfaction with the lack of transparency and answers from the current administration. He raised concerns about the process for selecting the Interim Town Manager, specifically questioning the absence of advertisements, interviews, and clear participant details. Mr. Milan also discussed the situation surrounding Vice Mayor Nett, who was placed on the Brady/Giglio list, raising questions about potential ethical violations, conflict of interest, and the possibility ofhim being removed from his roles. He questioned whether legal or disciplinary actions would be taken and if the citizens would be informed. Mr. Milan criticized the town attorney for not providing clarity on these issues, emphasizing that the attorney should protect the town and its residents, not individuals on the council. He also reminded the council of their promises to lower water and wastewater rates, expressing anticipation for upcoming budget discussions to address this issue. Beth Goldsmith of 301 W. School Street, a citizen, business owner, and town employee, began by apologizing for her emotional outburst at the last Town Council meeting, where she had become frustrated and angry. She acknowledged that her behavior was unplanned but expressed how the actions of "the majority" of the council were deliberate and premeditated, which troubled her more. Ms. Goldsmith expressed her intention to sign a petition and encouraged others to attend future meetings, noting that more citizens seemed to be speaking out due to frustration with the council's actions. She accused the council of unethical behavior, both behind the scenes and in public, and emphasized the importance of transparency. Ms. Goldsmith also referenced the value of paper trails, recordings, and public testimony in holding the council Town Council Meeting Work Session March 25, 2025 Page 6 of16 accountable. She warned that the council was heading toward serious trouble, while reaffirming her commitment to speak at future meetings and urging more citizens to participate. Nedim Ogleman of 140 S. 32nd Street, a citizen and voter, shared his concerns about the direction the town has taken, particularly with the comprehensive plan and zoning ordinance. He emphasized that he had supported "the majority" oft the current council in past elections, as they ran on platforms promoting slow growth and good quality of life. However, he expressed disappointment in some council members who had shifted away from these values. Mr.Ogelman pointed out that, over the course of a 10-year process, there had been multiple opportunities for the council to reflect the desires of the citizens, particularly in the comprehensive plan and zoning ordinance. He highlighted that residents primarily wanted green space and single-family residential areas, while outsiders favored mixed-use developments. Mr. Ogelman urged the council to support the current zoning ordinance draft, as it had been vetted by staff, town attorneys, and citizens over the years. He acknowledged that while the document wasn't perfect, it still reflected the citizens' desires. Mr. Ogelman concluded by reinforcing that elections are meant to ensure the council reflects the will ofthe people. Ronald Rise of 401 Rockburn Court spoke as a citizen to express his strong support for Mr. Carl Benjamin Nett, a well-respected member oft the Purcellville community. He praised Ben as a dedicated patriot, civil servant, and family man, highlighting his significant contributions, including his roles in the military, CIA, Secret Service, law enforcement, and as a Purcellville Police Officer of the Year. Mr. Rise emphasized Ben's honor, integrity, and commitment to protecting others, noting that despite his service, some members oft the Town Council and others have attempted to smear Ben's name and undermine his ability to provide for his family. Mr. Rise condemned these actions as wrong and despicable, stating that no one with moral values would harm a man who had dedicated his life to protecting others. He called for the citizens of Purcellville to stand by Ben and support him, as he represents the best qualities ofthe town, state, and nation. Mr. Rise concluded by urging the council to stop the negative actions and do what is right by standing with Ben. Council member Rayner shared comments from citizen Adam McDonald who criticized the current leadership ofPurcellville, specifically Mayor Bertaut and the majority ofthe Town Council, for failing to uphold principles of transparency, citizen focus, and integrity, which were central to their election campaigns. He highlighted several actions that he felt contradicted these principles, including ignoring citizen emails, refusing to answer questions in meetings, firing a respected town manager without justification, and appointing an unqualified interim town manager. Mr. McDonald also criticized the Council for making decisions in secret, using the Signal app to avoid public records requests, and making last-minute changes to agenda items. He expressed concerns about the negative impact of the new leadership on town employees, citing low morale, high turnover, and the loss of a police chief as evidence. Mr. McDonald also questioned Mayor Bertaut's leadership, particularly regarding a public apology to a former town employee and the treatment of staff. He criticized Council Member Nett for attempting to silence dissent and discourage public discourse, calling attention to Nett's own political history and the irony of his comments. In conclusion, Mr. McDonald called on the Council members to reflect on their actions and asked whether they believed they had governed with transparency and Town Council Meeting Work Session March 25, 2025 Page 7 of16 integrity over the past few months, as he felt their actions were self-serving rather than in the town' S best interest. Council member Rayner shared comments from citizen Becky Gardner who expressed her support for the Virginia Main Street program, highlighting its potential to benefit Purcellville by enhancing economic and cultural vibrancy without financial cost to the town. She urged the Town Council to reconsider any discussions about removing Purcellville from the program, emphasizing its value in providing expert guidance, securing grant funding, and fostering sustainable growth. Ms. Gardner pointed out that the program has strong community support, with well-attended informational meetings and residents eager to contribute. She cited the success ofLeesburg's implementation of the program, which resulted in increased tourism, stronger local collaborations, and a more engaged community. She argued that a vibrant downtown boosts property values, attracts visitors, and creates a sense of pride for the town. Ms. Gardner called for unity and collaboration, urging the Council to prioritize the community's needs over political divisions and allow the Main Street program to help Purcellville thrive. MAYOR AND COUNCIL COMMENTS: Council member Rayner expressed appreciation for several community efforts and achievements. She thanked Henry Grisius, a senior at Bishop O'Connell High School, for organizing the Purcellville Trash Pickup event, which saw over 200 volunteers, including herself and her daughter. She also thanked Parks and Recreation Director Amie Ware for making the event a success. Council member Rayner congratulated Barry Defibaugh, the Public Works Wastewater Superintendent, for being named the VA Rural Water Association Wastewater Person ofthe Year. Additionally, Justin Domanski was recognized as Wastewater Rookie of the Year. Council member Rayner commended the team for their excellent work. She shared concerns about the proposed FY26 Town Manager's budget, particularly the absence of a Cost- of-Living Adjustment (COLA) for town staff, which she strongly disagreed with. She expressed her intent to ask detailed questions during the upcoming budget discussions, emphasizing the importance ofthe budget for the town's future. Finally, Council member Rayner mentioned that she had completed the review of all 80 town manager applications and made her comments. She looked forward to discussing the selections with his colleagues in the next meeting. Council Member Wright expressed frustration with ongoing negative media attention and the toll it takes on the community and council members. He voiced disappointment that despite hundreds of citizens speaking out, little has changed, and he questioned whether any number of voices would be enough to influence decisions. Council member Wright expressed a desire for a week without headlines and emphasized the importance of moving forward for the good of the town. Regarding the town manager applications, Council member Wright mentioned he was one of the last to review them, completing his review at midnight. He is looking forward to discussing the candidates in interviews to ensure the town selects the best-qualified individual to lead the town toward a brighter future and help resolve the current challenges. Vice Mayor Nett discussed the ongoing challenges faced by the council, criticizing a small group that uses disruptive tactics to influence decisions without winning elections. He expressed confidence that such tactics would not succeed against him and his colleagues. He emphasized Town Council Meeting Work Session March 25, 2025 Page 8 of16 his commitment to fulfilling campaign promises, including creating a more efficient government through the budget process and remaining with the Purcellville Police Department until legally required to depart. Vice Mayor also warned that those who have defamed his character or attempted to undermine the recent election results would be held accountable. He concluded by urging citizens to provide constructive solutions to the town's challenges. Council Member Luke expressed her anticipation for resolving zoning issues and moving forward with the process. She also looked forward to addressing financial matters and diving into the budget in the upcoming week. Council Member Khalil thanked the volunteers who participated in cleaning up Purcellville and shared an upcoming Parks and Recreation event, "Discover Creek Critter,' " where kids can explore creek life. She also advised against making assumptions about the proposed budget, emphasizing that much can still change. Council member Khalil discussed the Main Street USA program, urging citizens to fully research its scope, and clarified that while it has benefits, the program doesn't offer more than what local merchants and business owners can already achieve. She expressed concerns over the cost of implementing the program and the opposition from some merchants about potentially closing off21st Street. Council member Khalil stressed the importance of focusing on reducing expenses, especially during the budget season, to address critical issues like water rates. Council Member Stought began by recognizing the recent achievements of Purcellville staff, especially Barry Defibaugh and Justin Domanski for their accolades in the wastewater sector. He then addressed critical issues regarding the town's budget. He stressed the need to provide a cost of living adjustment for town employees, pointing out that unlike private sector workers, public employees can't adjust their pay to cope with inflation, and such adjustments are essential for their families' well-being. He also highlighted the importance of addressing long-delayed Capital Improvement Projects (CIP), particularly those related to water and wastewater infrastructure, noting that further delay would be irresponsible. Lastly, he expressed concern over the practice of depleting reserves to balance the budget, specifically using water and wastewater funds. He warned that this practice is unsustainable, and without changes, the town may face steep utility rate hikes in the near future. He pointed out the repeated comments ofthe town has a spending problem, which has now pathed to using reserves, but after a line by line budget review, a spending problem was not uncovered. Council member Stought concluded with a call for decisive action to ensure the town's financial sustainability, cautioning that failing to make the right decisions could result in catastrophic consequences for the town's fiscal health. Mayor Bertaut shared his participation in the town-wide cleanup, where 213 volunteers collected 115 bags of trash and 27 bags of recycling. He thanked those involved, including the Parks and Recreation team and Keep Loudoun Beautiful. Mayor Bertaut also discussed the reçent budget presentation, highlighting that it includes no increase in water and sewer rates and is balanced. He reassured that the town's reserves are well above the levels required for a triple-A plus bond rating. He acknowledged that the upcoming weeks will be challenging as the council works through the budget, aiming to preserve infrastructure and services while maintaining high-quality services for residents and businesses. Mayor Bertaut then shifted to the zoning ordinance, emphasizing that the changes being discussed are comprehensive and have been years in the Town Council Meeting Work Session March 25, 2025 Page 9 of16 making, involving town staff, the Planning Commission, consultants, and the town attorney. He argued that it would be disrespectful to disregard this work, and any future amendments to the zoning ordinance would follow a legal process, including public hearings. Finally, he mentioned that the council would also be considering the adoption of a fire flow standard that could ease regulatory burdens on businesses while ensuring fire safety for both residents and businesses. INTERIM' TOWN MANAGER KEY UPDATES Kwasi Fraser, Interim Town Manager, reported that he led a strategic meeting with Black & Veatch, a global EPC firm, to begin discussions on securing best-in-class solutions for the Town's Capital Improvement Projects, with plans to include other vendors in a competitive bidding process. He also delivered the proposed budget and reminded the council ofthe upcoming work session focused on the general fund. Additionally, he participated in a police department ride-along with Sergeant Burkett to gain first-hand insight into police local operations. Lastly, he, Human Resources Director, and Interim Police Chief onboarded Mike Jones, who is conducting a four-week department assessment, and they posted the job listing for the permanent police chief position, with candidate discussions expected by April 19. ACTION: a. Adoption of 2025 Real Estate Tax Rate Ordinance Connie LeMarr, Assistant Director of Finance, gave the report. The Town Council was presented with the 2025 real estate tax ordinance, which proposes maintaining the current tax rates of$.205 for real estate and $0.03 for Fireman's Field. Property assessments in Purcellville increased by 6.85%, leading to an average annual residential tax bill increase of $81 and a Fireman' sl Field tax increase of$12. Because the increase in property values exceeded 1%, state law required advertising the rate change, and a public hearing was held on March 11. An equalized rate of $0.192 would offset the valuation increases. As the proposed FY26 budget is balanced at the current rates adopting the equalized rate would require budget cuts or a draw on reserves. Council must adopt the 2025 rate during this meeting to meet the tax billing deadline with Loudoun County. Vice Mayor asked for clarification on whether the Council was being asked to set the final tax rate or just a maximum rate for the 2025 real estate tax. Connie LeMarr confirmed that the proposed equalized rate to bring in the same revenue would be $0.192, but clarified that Council is being asked to lock in the actual tax rate, not just a maximum, and that there is no flexibility to change it later during budget discussions. Connie LeMarr explained that Council must adopt the final real estate tax rate tonight not a placeholder or maximum- -because Loudoun County needs the confirmed rate by April 1 to generate and mail tax bills by early May for a June due date. The proposed rate is $0.205, the same as last year, and it aligns with the advertised rate and the proposed budget. The adopted $0.205 tax rate will generate more revenue due to increased property values. To maintain the same revenue as last year, the rate would need to be $0.192-a difference of about $279,000, which would require equivalent budget cuts if chosen. However, a rate must be adopted tonight to meet county deadlines. Town Council Meeting Work Session March 25, 2025 Page 10 of16 Council member Khalil inquired about if Fireman's Field tax rate unchanged at $0.03, and unlike the general real estate tax, it does not require equalized rate calculations or a public hearing under state code. Despite no rate change, it will generate slightly more revenue- about $12 more per year for the average home. Council member Khalil moved that the Town Council adopt ordinance 25-03-07, establishing for calendar year 2025, the real estate tax rate of .192, and the fireman's field service district rate at .192. Councilmember Rayner expressed frustration that concerns about the tax rate were raised at the last minute, despite the issue being presented and discussed two weeks prior. He emphasized that changing the rate now would create a significant budget shortfall (approximately $279,000), potentially destabilizing the balanced budget. She criticized the repeated removal of revenue sources and stated she could not support a last-second change. Council member Wright criticized the proposed last-minute tax rate change, calling it predictable and financially irresponsible. He warned it would force the town to cut services or dip further into reserves, worsening long-term financial stability. Council member Wright expressed disbelief that council members would disregard the interim town manager's recommended budget and predicted significant future costs for residents, asserting that ignoring sound fiscal planning now will lead to more expensive consequences later. Vice Mayor Nett responded to criticism by asserting that they do listen, even if votes don't always go a certain way. They emphasized that listening includes hearing diverse viewpoints, finding common ground, and making informed decisions- even when disagreeing with colleagues or constituents. The speaker pushed back against the idea that the vote was tone-deaf, citing public comments supporting the adopted rate. They expressed confidence in moving forward with budget discussions and balancing the budget while easing burdens on citizens. Council member Rayner argued that there were two weeks to have a proper discussion. Mayor Bertaut called a point of order. Council member Luke agreed with Vice Mayor, emphasizing the importance of saving money for citizens. They suggested reviewing the Capital Improvement Plan (CIP) carefully to identify areas where adjustments can be made, aiming to reduce the financial burden on Purcellville residents. Council member Khalil expressed that the goal of the current rate is to provide relief to residents and business owners, specifically by avoiding increases in water bills and real estate taxes this year. She acknowledged that while water bill reductions are not feasible due to administrative challenges, efforts will be made to find savings within the budget, with cuts anticipated starting the next evening. Council member Stought expressed frustration with the political nature of the situation, emphasizing the urgency of meeting the April 1st deadline. He warned that if the equalized tax rate is set now and budget cuts cannot be found later, it would be too late to reverse the decision. Stought argued that relying on reserves for immediate relief, especially the general fund reserves, Town Council Meeting Work Session March 25, 2025 Page 11 of16 is fiscally irresponsible. He compared the situation to allowing short-term gratification with long- term consequences, urging for caution. He proposed setting the tax rate at 20.5 cents tonight and making cuts during the budget season to avoid irreversible mistakes. Mayor Bertaut the situation into perspective, stating that $279,000 is only 0.8% of the town's $35 million budget. He argued that dipping further into reserves wouldn't be irresponsible, especially since the general fund has $4.1 million above the policy limit, which is 30% of annual operating costs. Luke expressed confidence that the Town Council could work together to find the necessary savings to equalize the tax rates for the citizens. Council member Stought questioned why the town council hadn't identified and made the $279,000 in cuts two years ago, during a detailed line-by-line review of the budget with little savings found. He argued that there aren't substantial cuts to be made unless essential services are reduced and asked why these cuts haven't been found if wasteful spending is truly the issue. Council member Stought emphasized that the complaint about wasteful spending has been ongoing for years, yet no solutions have been found. (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) b. Ordinance 25-03-06 Amendments to Town Code Adding Items from the Zoning Ordinance Summer Wilkes, Director of Planning and Community Development, gave the following report; During the review oft the Draft Zoning Ordinance in late 2023, the Town Attorney advised the Planning Commission and staff to review Section 6.8 to determine if certain performance standards, specifically noise and earth-borne vibration standards, were already addressed in the Town Code. If not, they could be moved there. The justification was that performance standards are typically included in the Town Code for better enforcement due to police powers. The standards, based on federal regulations from agencies like EPA, FTA, and OSHA, focus on industrial, transportation, and construction noise, as well as vibrations affecting structures and sensitive equipment. Section 6.8, originally in the zoning ordinance since December 2015, was removed in the update. A revised Chapter 34 ofthe Town Code and an ordinance to transfer these standards are included in the packet. These changes have been reviewed by the Planning Commission and the Town Attorney. Council member Luke moved that the Town Council adopt the Ordinance 25-03-06, directing staff to complete a text amendment to the Town Ordinance for the addition ofthe Noise Standard and Earthborne Vibration Standard to Chapter 34-Environment. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) Town Council Meeting Work Session March 25, 2025 Page 12 of16 C. Ordinance 25-03-05 Adoption of Town Fire Flow Standards Jordan Andrews, Planner, gave the following report: The proposed fire flow standards, which were first discussed at the March 11th Town Council meeting, have been prepared into ordinance form as directed by the Council. The ordinance, found on pages 82 and 83 of the agenda packet, has been reviewed by the Town Attorney. Its purpose is to codify town-specific fire flows, citing the nationally accredited NFPA 1 Standards, Chapter 18.4. The materials from the previous meeting are also included in the packet for reference. Council member Luke moved that the Town Council adopt the Ordinance 25-03-05 Fire flow Standards amending the Town Code to adopt the fire flows as prescribed by NFPA 1 Chapter 18.4. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) d. Ordinance 25-03-04 Town Code Amendment, Article IV, Division 3 - Economic Development Advisory Committee Mayor Bertaut gave the report as this is a brief ordinance that modifies the composition ofthe Economic Development Advisory Committee to require a minimum of four town residents as members. All other language in that section of the Town Code remains unchanged. Vice Mayor Nett moved to adopt ordinance number 25-03-04. Council discussed the item with same points from the March 11th, meeting and vote was taken. (Carried: 4-3, Stought: Nay, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) Mayor Bertaut called for a five-minute recess. DISCUSSION: a. Adoption of Zoning Ordinance and Map Presentation on file at the Clerk's office) Summer Wilkes gave a brief presentation at the request of Mayor Bertaut to explain the purpose and process behind the Town's updated zoning ordinance. She began by citing the Virginia State Code, which outlines zoning's role in promoting public health, safety, welfare, and morals (e.g., regulating adult businesses near schools). The ordinance is intended to support orderly development, environmental protection, historical preservation, infrastructure planning, affordable housing, and ADA compliance. Town Council Meeting Work Session March 25, 2025 Page 13 of16 She then reviewed the zoning ordinance update timeline (attached), starting with the 2020 Comprehensive Plan and culminating in the March 11, 2025, public hearing. She noted that the Planning Commission reviewed and refined the ordinance extensively before recommending its adoption via Resolution 24-07-03. She acknowledged broad collaboration among town staff, including planning, engineering, and administrative teams. Ms. Wilkes also referenced the Town Council's current agenda item: the adoption of the new zoning ordinance (Resolution 25-03-02) and a related grandfathering resolution (25-0-301), which would allow in-process applications to proceed under the existing zoning rules to avoid unnecessary redesigns and costs. She thanked everyone involved and noted that the grandfathering policy would be discussed further. Council member Rayner reiterated her concerns from the March 11 meeting on this topic and does not agree with the previous comments made by the Mayor to adopt the proposed ZO and then make amendments when needed. Council member Wright reiterated his concerns from the March 11 meeting and agrees with Council member Rayner. Vice Mayor Nett and Council member Luke agreed with this proposed ZO and would like to move forward. Council member Khalill strongly supported the adoption oft the new. zoning ordinance, emphasizing that it reflects the will of the citizens, has been legally vetted, and incorporates professional and staff input. She noted that the ordinance and the comprehensive plan it is based on have been affirmed through multiple election cycles (2020, 2022, and 2024), representing a consistent mandate from the community. Council member Khalil stated that the time for major changes has passed, that sufficient opportunities for input were provided, and that it is now time to finalize and adopt the ordinance. She added that while future amendments are possible, the ordinance should be passed as-is out of respect for the years of work by the Planning Commission. Council member Stought agreed with Council member Rayner and Wright. He also asked staff to clarify a comment from the Vice Mayor about whether a home needs to be listed on the Historic Register for the Historic Preservation Overlay District (HPOD) to apply. Ms. Wilkes explained that while the National Register can be confusing, Purcellville has a federally designated historic district established in 2007, which includes homes 50 years or older (by National Park Service standards). However, the federal designation is only honorific and has no regulatory power. The proposed zoning ordinance creates a local historic district, which does have regulatory authority- specifically limited to demolition permits. This means inclusion in the local HPOD, not individual listing on the National Register, is what triggers enforceable standards. Other changes (like painting or renovations) are not restricted under the ordinance. Council member Stought expressed frustration with the argument that the zoning ordinance should not be changed because of the extensive work done by the Planning Commission and staff. While acknowledging their efforts, they emphasized that the Planning Commission reports to the Town Council, and the Council ultimately answers to the citizens. When residents raise concerns -about the HPOD, duplexes, sidewalks, or other matters it is the Council's responsibility to listen and respond, not dismiss those concerns in favor of preserving staff or commission work. Council member Stought criticized the approach of postponing changes for future amendments and questioned whether resident input is truly valued or considered in the decision-making process. Mayor Bertaut addressed concerns raised about the draft zoning ordinance, emphasizing that many ofthe objections had already been considered during its development. He explained that the Planning Town Council Meeting Work Session March 25, 2025 Page 14 of16 Commission asked staff to incorporate Loudoun County standards for floodplains and curb cuts. On the topic of country inns, he clarified that size limits exist for a reason- larger inns would generate excessive traffic, especially near the town's busiest traffic circle, and if someone wants to build a hotel, they should call it that. He noted that apartments in the C4 commercial district have been allowed for decades, and increasing their number would create traffic issues, particularly on narrow, one-way streets like 21st Street. He explained that the Historic Properties Overlay District (HPOD) only restricts demolition of primary structures, not renovations or color changes, and that those requirements are not a result ofthe new zoning ordinance. Regarding duplexes, he acknowledged that there are currently more duplexes in zones where they are not permitted than where they are, and that residents' main concern has been that, without requiring a special use permit, developers could tear down multiple single-family homes and replace them with duplexes, doubling traffic in residential areas. He concluded by stating that while such development may still be possible, it should require input from neighbors through a formal review process and ultimately voiced his full support for passing the new zoning ordinance. Council member Rayner called attention to the Mayor referencing changes being made to the ZO document and asked if another public hearing was needed. Mr. Cafferky said it would not. Council member Rayner confirmed that the Interim Town Manager did not forward an email from Ms. Wilkes with explanations to Council regarding floodplain changes and curb cut changes that did come from staff and not Commissioners. Mayor Bertaut clarified that the proposed changes to floodplain and technical standards are still under discussion and have not yet been formally adopted into ordinance. He emphasized that these changes would need to be codified later, likely through a future amendment. Council member Rayner moved to table this until we can make those changes, which would be more efficient, and come back to it in two weeks to vote on this. (Carried: 5-2, Stought: Aye, Khalil: Aye, Luke: Nay, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Nay) b. Participation in the Virginia Department of Housing and Community Development's Virginia Main Street Program Council member Rayner criticized a prior motion to end participation in the Virginia Main Street program, noting the town was never formally part of it, making the vote procedurally flawed. She strongly defended the program, calling claims made against it false, particularly that it forces businesses into anything. She explained it's a 100% citizen-led initiative requiring no town funding or staff: support unless voluntarily given. Council member Rayner warned that a formal withdrawal would disqualify local groups from grant eligibility and undermine widespread community and business support. She emphasized the program' s benefits, lack of cost, and support from EDAC and business leaders, stating opposition seems rooted only in spite. Council member Luke shared she could not support the program until becoming more informed. Council member Wright reiterated that this was already approved, and he was confused that it was being taken away and then possibly reinstated. He believed it should be tabled and then discussed later. Council member Khalil expressed concern about the finançial implications of the Virginia Town Council Meeting Work Session March 25, 2025 Page 15 of16 Main Street program, stating that while grant opportunities exist, they often require matching funds, which could create an additional financial burden on residents. She emphasized the need to prioritize lowering taxes and utility rates amid economic instability and argued that small towns like Purcellville can revitalize their downtowns through grassroots efforts without formal programs. Council member Khalil questioned whether the benefits ofj participation outweigh the required effort and warned against unintentionally opening the door to aggressive developers. Summer Wilkes clarified that most grants associated with the Virginia Main Street program do not require matching funds, especially the smaller grants $10,000-915,000) that can help initiate steering committees and other local projects. She emphasized that becoming a Main Street community unlocks access to a broader range of state programs and funding opportunities, some with low match requirements. Additionally, the program provides ongoing support through a state coordinator who shares updates about other grant and tax credit opportunities. Wilkes stressed that a letter of support from the Town is required for businesses to participate, and without it, they are ineligible. However, she clarified that participation does not obligate the Town to provide funding or staff resources. The initiative can be fully managed by citizens or a nonprofit steering committee, with no further financial or operational commitment from the Town, unless it chooses to be involved. Council Member Stought confirmed that passing the proposed resolution would block both the Town and its residents/businesses from participating in the Virginia Main Street program. He emphasized his strong support for the program and was surprised by how many residents also supported it, based on the volume of public feedback he received. He acknowledged that it's reasonable to question the use of funds but clarified that the Town is currently not spending any money on the program--only minimal staff time, specifically from the EDAC advisor, whose job is to support economic development. He stressed that withdrawing from the program would not save money, nor would it benefit the Town, but it would eliminate opportunities for local businesses and residents. Council member Stought advocated for maintaining the status quo- staying in the program without financial commitment--while allowing the community to explore it further. He concluded that revoking the Town's participation would be a "slap in the face" to engaged citizens and business owners. Council member Stought moved to table this item until the second regular Town Council meeting in April. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) C. Town Manager Vacancy LaDonna Snellbaker, Director of Human Resources, provided an update on the town manager recruitment process. Following Council's January 28th direction, the job was posted on February 4th and closed on March 4th with 82 applications received. A candidate matrix was developed and shared with Council, who were given access to the application system on March 10th. Due to some access issues (since Council members are not system employees), there were techniçal delays in login access, which were largely resolved. Council had requested and received an extension for candidate review. Today marked the final deadline for application review, and the Town Council Meeting Work Session March 25, 2025 Page 16 of16 system will consolidate candidate scores from Council members who have completed their reviews. Not all members had finished their reviews by the time ofher update. Mr John Cafferky, Town Attorney, invited any preliminary statements from Vice Mayor Nett regarding participation in the town manager hiring process. Vice Mayor responded that he had no declarations to make and nothing to add to the discussion at that time and he would recuse himself. Vice Mayor Rayner inquired how many council members had reviewed the town manager applications by the meeting date. Ms. Snellbaker reported three council members had completed their reviews, two had logged in but not finished reviewing, one needed more time due to login issues, and one had not logged in at all because the workaround required providing a personal email, which hadn't been received. Council member Rayner confirmed that the review deadline was today, and Snellbaker affirmed that was correct. Council member Wright and Council member Luke had no comments. Council member Khalil questioned what the new deadline was to complete the review since she had not signed on as ofy yet. Ms. Snellbaker asked how long she would need and Council member Khalil' S response was she works full-time and whether Friday would be acceptable. Ms. Snellbaker requested ifit was acceptable to Council and the Mayor suggested the next Friday in which Council member Wright and Rayner disagreed. The Council continued the discussion and the Mayor stated that Monday would be the deadline for completion of the applicant reviews. d. Future Town Council Meeting Agenda Topics Diana Hays, Assistant Town Manager, gave the report and updated the Council members on the changes that occurred during the meeting. ADJOURNMENT: With no further business, Vice Mayor Nett made a motion to adjourn the meeting at 9:13PM. A24 m7. < KimbiBurdy Christopher Bertaut, Mayor Kimberly Bandy, fown Clerk HISTORY OF THE 2025 ZONING ORDINANCE UPDATE Colun of purtelloille irginia I Town Council Presentation, March 25. 2025 1 PURPOSE OF A ZONING ORDINANCE Pursuant to Code ofVirginia $15.2-2283, a Zoning Ordinance shall be for the general purpose of promoting the health, safety, general welfare, and morals, order and convenience of the public of the local jurisdiction. Such ordinances shall be designed to give reasonable consideration for the following purposes where applicable: Provide for adequate light, air, convenience of access, and safety from fire, flood, impounding structure failure, crime and other dangers; Reduce or prevent congestion in the public streets; Facilitate the creation of a convenient, attractive and harmonious community; Facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements; Protect against destruction of or encroachment upon historic areas and working waterfront development areas; 2 1 PURPOSE OF A ZONING ORDINANCE Protect against overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air; danger and congestion in travel and transportation, or loss of life, health, or property from fire, floods, etc.; Encourage economic development activities that provide desirable employment and enlarge the tax base; Provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment; Promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the locality as well as a reasonable proportion of the current and future needs of the planning district within which the locality is situated; Provide reasonable modifications in accordance with the Americans with Disabilities Act of 1990 or state and federal fair housing laws, as applicable. Such ordinance may also include reasonable provisions, not inconsistent with applicable state water quality standards, to protect surface water and ground water. 3 PROCESS OF PREPARING THE UPDATED ZONING ORDINANCE January 2, 2022:The' Town contracted the services of ZoneCo to update the Zoning Ordinance following the adoption of the 2030 Comprehensive Plan in June, 2020. May3 31, 2023:ZoneCo delivered: a final draft of the Ordinance. Pursuant to the Code ofVirginia $15.2-2285, the Planning Commission critically reviewed this draft for the next 7 months. December 2023:The' Town Council instated Summer Wilkes as the new Zoning Administrator for Purceliville. January! 18, 2024:The Commission officially deferred the rest of the review to Town Staff to compile a final draft consisting oft their comments and edits. February 15, 2024: Zoning Administrator Summer Wilkes provided the Planning Commission with a checklist tracking compliance oft the Zoning Ordinance draft with theVirginia State Code. The list highlighted sections needing to be added to the Zoning Ordinance draft. May 2, 2024: Zoning Administrator Summer Wilkes presented "Town and Suburb" concepts to the Planning Commission. July I0, 2024:The Planning Commission approved ofa a final draft to move forward with in a public hearing. July 25, 2024: Pursuant to the Code of Virginia $15.2-2285, A public hearing was held to present the final Zoning Ordinance draft. *ALJ CITIZEN COMMENTSI EROME PUBLIC HEARING July 31, 2024:The Planning Commission passed Resolution 24-07-03 recommending the Town Council to approve the Zoning Ordinance daft that was presented at the public hearing.An addendum of changes to be incorporated into the draft was included in the Resolution. 4 2 PROCESS OF PREPARING THE UPDATED ZONING ORDINANCE, CONT. October 8, 2024: Summer Wilkes presented the Planning Commission's recommended Zoning Ordinance draft to the Town Council. The changes madei in the 731/24addendum were incorporated into the draft being reviewed by the Town Council. October 22, 2024-SummerVilkes began a presentation to the Town Council of staffs recommendations on the Zoning Ordinance Update. November 12, 2024: SummerWilkes continued the presentation of staffs recommendations to the Town Council. January 8, 2025: Ron Rise, Chair of the Planning Commission, presented the Planning Commission's recommended Zoning Ordinance to the Town Council. January 28, 2025:Thel Town Council decided to convene a public hearing for the Zoning Ordinance draft following a legal review of all changes since the Planning Commission's public hearing in July 2024. February I3, 2025:The Town Council approved the legally proofed Zoning Ordinance draft for a public hearing on March II, 2025. March II, 2025:The Town Council conducted a public hearing for the Planning Commission's Final Zoning Ordinance Draft dated January 28, 2025. March 25, 2025:A draft of Resolution 25-03-02 approving and adopting the Planning Commission's Final Zoning Ordinance Draft and Zoning Map is on the Town Council's agenda for consideration. 5 CONTRIBUTORS Planning Commission: Planning Team / Consultants Mary "Boo" Bennett Jordan Andrews Christopher Bertaut Andy Conlon Troy Brown Don Dooley Jason Dengler Sally Hankins and Gifford Hampshire (TAs) Nan Forbes Boyd Lawrence Brian Green Martha Semmes (Interim ZA) Carol Luke Heather Spedaccini Stanley Milan Summer Wilkes Ed Neham Kendall Wisniewski Nedim Ogelman ZoneCo (Consultants) Chip Paciulli Ron Rise, Sr. 6 3 PROPOSED a 1 usw ALIH ZONING - RraMille - - MAP omrll VaslagMas Dwn os a - eln AE Douc eOunh n E un dars iNy we e u ak o. - - aaN u * Ss - BA oL - 1 ona v Pol h - pbva - - - E 7 8 4 Mayor Interim Town Manager Christopher Bertaut Town Kwasi Fraser of Assistant Town Manager Diana Hays Council urdelMville Susan Khalil Virginia 221 S. Nursery. Avenue Carol Luke Purcellville, VA 20132 Ben Nett wwwpureelvllevagoy Erin Rayner Caleb) J.Stought Kevin B. Wright TOWN OF PURCELLVILLE IN LOUDOUN COUNTY, VIRGINIA ORDINANCE NO. 25-03-03 PRESENTED: March 25,2025 ADOPTED: March 25,2025 AN ORDINANCE: TO AMEND PURCELLVILLE TOWN CODE CHAPTER 70, ARTICLE II, SEC. 70-81 CONCERNING REMOVAL OF SNOW AND ICE FROM SIDEWALKS WHEREAS, the Town of Purcellville finds it necessary and desirable to update and amend its existing ordinance regarding the removal of snow and ice from sidewalks to ensure public safety and accessibility; and WHEREAS, the removal of snow and ice from sidewalks in a timely manner is essential for the safety of pedestrians and to maintain the accessibility of] public walkways; and WHEREAS, the Town desires to include in its ordinance enforcement mechanisms to create further incentives for compliance, including those referenced in Code of Virginia $ 15.2- 1115. NOW, THEREFORE, BE IT ORDAINED by the Purcellville Town Council: Section 1: Section 70-81 ofthe Purcellville Town Code be amended to read as follows: Sec. 70-81. Removal of snow, sleet, and ice from sidewalks. (a) It shall be the duty of every occupant or owner of a residential building or lot which has a sidewalk or footway when such walk is built and maintained by the town, adjoining and touching upon the sidewalk or footway in the front, rear or either side thereof, to have all snow removed from such sidewalk or footway within twenty-four hours after such snow has ceased falling. It shall be the duty of every occupant or owner of a commercial or other non-residential building or lot which has a sidewalk or footway, when such walk is built and maintained by AN ORDINANCE: TO. AMEND TOWN CODE CHAPTER 70, ARTICLE m, SEC. 70-81 REMOVAL OF SNOW AND ICB FROM SIDEWALKS the town, adjoining and touching upon the sidewalk or footway, in the front, rear, or either side thereof, to have all snow removed from such sidewalk or footway within twenty-four hours after such snow. has ceased falling, unless the sidewalk or footway has fallen during the night, in which case it shall be removed before 12:00 noon on the succeeding day. (b) The requirements of subsection (a) ofthis section applicable to the removal of snow shall apply with reference to ice or sleet on sidewalks or footways, except that, when ice or sleet cannot be removed without injury to the sidewalk or footway, such ice or sleet shall be covered, within the period of time above specified, with sand, ashes or some substance which will render it safe for travel. (c) When there is no building on a lot, or no occupant of any building thereon, it shall be the duty of the owner of the lot or unoccupied building, or his agent, to have the snow or ice removed from the sidewalk or footway as required in subsection (a) or (b) oft this section. (d) The town manager, in his or her discretion, may suspend or modify the foregoing requirements: () in particular locations where the volume ofaccumulated precipitation makes it impracticable for the owner or occupant to comply with deadline; (ii) in the case of severe weather conditions, which may include severe cold, significant snow or ice accumulation, significant winds, and limited visibility; or (iri) when the owner or occupant is unable to comply because of aj physical or mental disability. (e) Enforcement: The provisions of this section may be enforced by any or all of the following means: (1) Upon notice from the town manager or his designee, a property owner or occupant shall, within 24 hours of receipt of said notice in the case of residential properties, or 61 hours in the case of commercial or other non-residential properties, remove or render safe the snow, sleet, or ice. Ifthe owner or occupant fails to comply with said notice, the town, through its agents or employees, may elect to remove the snow, sleet, or ice, and bill the owner or occupant oft the property for reasonable costs. If unpaid, expenses of such removal shall be chargeable to and paid by the owner or occupant of such property and may be collected from the owner as taxes are collected. Following 30-days written notice to the property owner, every charge authorized by this section in excess of $200.00 with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in the Code ofVirginia, Title 58.1, Chapter 39, Articles 3 and 4 (Code ofVirginia $ 58.1-3940 et seq., 58.1-3965 et seq.). The town manager or his designee may waive such liens in order to facilitate the sale of property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner ofthe property at the time the liens were imposed. (2) Violations of this section shall be subject to a civil penalty not to exceed $50.00 for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts AN ORDINANCE: TO. AMEND TOWN CODE CHAPTER 70, ARTICLE II, SEC. 70-81 REMOVAL OF SNOW AND ICEI FROM SIDEWALKS within 12 months of the first violation shall not exceed $200.00. Each business day during the day which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000.00 in a 12-month period. (3) An owner or occupant may, within 30 days ofreceipt of written notice oft the imposition of costs or a civil penalty, file in writing with the town manager a request for abatement of those amounts for good cause shown. State law reference(s) Authority for above section, Code of Virginia, $ 15.2-1115. Section 2. This ordinance shall be effective immediately upon its adoption. PASSED THIS 25th DAY OF MARCH 2025. Chtk 7M. - Christopher Bertaut, Mayor ATTEST: inhilbardy Kimberly Bandy, Towp Clerk Mayor Interim Town Manager Christopher Bertaut Town, Kwasi Fraser of Assistant Town Manager Diana Hays Council Susan Khalil 221 S. Nursery Avenue artMille Virginia Carol Luke Purcellville, VA: 20132 Ben Nett wwwpureelivileragov Erin Rayner Caleb J. Stought Kevin B. Wright TOWN OF PURCELLVILLE IN LOUDOUN COUNTY, VIRGINIA ORDINANCE NO. 25-03-04 PRESENTED: March 25,2025 ADOPTED: March 25,2025 AN ORDINANCE: AMENDING PURCELLVILLE TOWN CODE ARTICIE IV, DIVISION: 3 - ECONOMIC DEVELOPMENT ADVISORY COMMITTEE, SEC. 2-342 TO SPECIFY MINIMUM NUMBERS OF TOWN RESIDENTS WHEREAS, it is the desire of the Town Council to ensure there is a minimum number ofTown residents on the committee, preventing the formation of a committee composed entirely ofr non-residents; and WHEREAS, at the March 11, 2025, Town Council meeting, the members discussed the minimum number of Town residents that should serve on the committee as referenced in subsection (a) of the above-referenced Town Code section. NOW, THEREFORE, BE IT ORDAINED: Section 1: That subsection (a) of Sec. 2-342 of the Purcellville Town Code be amended to read as follows: (a) Composition; appointments and terms. The town economic development advisory committee is hereby established. Such committee shall consist of no more than ten members with priority given to residents from the town. There shall be a minimum of four town residents on this committee. In the event there are not enough residents to fill vacant positions, the town council may appoint non-resident town business owners and up to three non-residents, individuals who reside outside of the incorporated limits of the town, to serve. A member of council, appointed by the council, shall serve as an ex officio or non-voting member oft the committee. The members shall be appointed by council to serve two-year staggered terms beginning September 1 ofthe year of appointment. Initial membership shall consist of four members appointed for terms of two years and three members shall be appointed for a term of one year. AN ORDINANCE: AMENDING PURCELLVILLE TOWN CODE ARTICIE IV, DIVISION 3 - ECONOMIC DEVELOPMENT. ADVISORY COMMITTEE, SEC. 2-342' TO SPECIFY MINIMUM NUMBERS OF TOWN RESIDENTS Section 2. This ordinance shall be effective upon its adoption. PASSED THIS 25th DAY OF MARCH, 2025. Dask m. BE Christopher Bertaut, Mayor ATTEST: Kimberly Bandy Tojwn Clerk Kinbilnndy Mayor Interim Town Manager Christopher Bertaut Town Kwasi Fraser Assistant Town Manager Diana Hays Council Susan Khalil 221 S. Avenue rceMille Virginia Nursery Carol Luke Purcellville, VA 20132 Ben Nett wwwpureelvileragov Erin Rayner Caleb] J. Stought Kevin B. Wright TOWN OF PURCELLVILLE IN LOUDOUN COUNTY, VIRGINIA ORDINANCE NO. 25-03-05 PRESENTED: MARCH 25, 2025 ADOPTED: MARCH 25. 2025 AN ORDINANCE: AMENDMENT TO THE TOWN CODE OF PURCELLVILLE REGARDING THE ADDITION OF FIRE FLOW STANDARDS SUPERCEDING THOSE OTHERWISE ADOPTED BY THE LOUDOUN COUNTY FIRE PREVENTION CODE. WHEREAS, the Town of Purcellville owns and operates a municipal waterworks system comprising varied source, treatment, storage and distribution network components. WHEREAS, the adoption of a minimum fire flow requirement is a necessary measure to provide for the health, safety, and welfare ofTown citizens and the general public. WHEREAS, the Town's rural water system is limited in capacity to deliver those fire flows described in the Loudoun County Fire Prevention Code. WHEREAS, an engineering evaluation report provided by CHA, Consulting Inc., dated February 2025, recommended National Fire Protection Association (NFPA) standards for adoption by the Town WHEREAS, a letter of acknowledgement from the Loudoun County Fire Marshal's Office dated February 28, 2025 was provided attesting to the continued support and enforcement of the proposed fire flows in concurrence with all other Loudoun County Fire Prevention Code standards. WHEREAS, the proposed standards allow for reduced fire flows by the inclusion of additional life safety systems and fire-resistant building material. AN ORDINANCE: AMENDMENT TO THE TOWN CODE OF PURCELLVILLE REGARDING THE ADDITION OF FIRE FLOW STANDARDS SUPERCEDING THOSE OTHERWISE, ADOPTED BY THE LOUDOUN COUNTY FIRE PREVENTION CODE. NOW, THEREFORE, BE IT ORDAINED that the Purcellville Town Council hereby amends the Town Code, as set forth below: Section 1: Section 38-76 ofthe Purcellville Town Code be amended to read in its entirety as follows: Sec. 38-76. Adoption. There is hereby adopted by the Town ofPurcellville Town Council, the Statewide Fire Prevention Code, as amended, and all future amendments thereto, which shall be known as the Loudoun County Fire Prevention Code. Wherever the terms "county" or "Loudoun" are used within the Fire Prevention Code it shall be held to mean the Municipality of Purcellville. The Town ofPurcellville Town Council further adopts the fire flow standards of the National Fire Protection Association 1 Code, Chapter 18.4, as amended, and all future amendments thereto, as superseding any fire flows found within the Loudoun County Fire Prevention Code. Town provided fire flow and duration shall not exceed 2,000 GPM and a 2-hour duration. Section 2. This ordinance shall be effective immediately upon its adoption. PASSED THIS 25th DAY OF MARCH, 2025. 0AE6m. Bx Christopher Bertaut, Mayor ATTEST: KimlBardy Kimberly Bandy, fTown Clerk Mayor Interim Town Manager Christopher Bertaut Town Kwasi Fraser Assistant Town Manager Diana Hays Council Susan Khalil 221 S. Nursery Avenue rtMille Virginia Carol Luke Purcellville, VA 20132 Ben Nett wwwpureelvllevagoy Erin Rayner Caleb] J. Stought Kevin B. Wright TOWN OF PURCELLVILLE IN LOUDOUN COUNTY, VIRGINIA ORDINANCE NO. 25-03-06 PRESENTED: March 25, 2025 ADOPTED: March 25, 2025 AN ORDINANCE: AN AMENDMENT TO THE TOWN ORDINANCE FOR THE PURPOSE OF ADDING NOISE STANDARD AND EARTHBORNE VIBRATION STANDARD TO CHAPTER 34 - ENVIRONMENT WHEREAS, the Planning Commission and Planning Staff conducted an extensive review of the Draft Zoning Ordinance that was recommended and forwarded by the Planning Commission for adoption to the Town Council on July 31, 2024; and WHEREAS, a component oft the Draft Zoning Ordinance review was Section 6.8 - Performance Standards contained within the current Zoning Ordinance; and WHEREAS, Section 6.8 of the Zoning Ordinance is proposed for removal within the Draft Zoning Ordinance as enforceable standards are generally contained within the Town Ordinance, and WHEREAS, Sections 6.8.7 - Noise Standard and 6.8.8 - Earthborne Vibration Standard of the Zoning Ordinance contain enforceable measures that can be retained and amended into the Chapter 34 of Town Ordinance, and NOW, THEREFORE, BE IT ORDAINED that the Purcellville Town Council hereby adopts Ordinance No. 25-03-06, an amendment to Chapter 34 of the Town Ordinance for the provision of the Noise Standard and Earthborne Vibration Standard. PASSED THIS 25th DAY OF March, 2025. 7 Christopher Bertaut, Mayor ATTEST: unbeu Bandy Kimberly Bandy, Towi Clerk