MINUTES PURCELLVILLE TOWN COUNCIL MEETING TUESDAY, APRIL 8, 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 (remote participation due to travel for work), Kevin Wright STAFF PRESENT: Interim Town Manager Kwasi Fraser, Town Attorney Giff Hampshire, Assistant Town Manager Diana Hays, Police Department Interim Chief Sara Lombrana, Director of Human Resources LaDonna Snellbaker, Director of Finance Elizabeth Krens, Financial Analyst Linda Jackson, Director of Administration Darya Thompson, Director of Planning and Community Development Summer Wilkes, Director of Engineering and Capital Projects Andrea Broshkevitch, Director of Public Works Jason Didawick, 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 Rayner would like to add the recognition of the Police Department for their VLEPSC reaccreditation since ChiefMichael Kochis ofthe Charlottesville Police Department was in attendance and able to do the presentation. (Carried: 6-0-1 Absent, Stought: Absent, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) Mayor Bertaut stated the following: "Council member Stought will be participating remotely this evening due to travel for work and he has met the criteria for the Town Council Remote Participation in Public Meetings Policy regarding remote participation and there is no requirement to approve this by vote of the Town Council." Where the following motion was made, however, Council member Stought has requested to move the closed session item to after the recognition and public hearing." 9 (Carried: 6-0-1 Absent, Stought: Absent, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) ADOPTION OF MEETING AGENDA Council member Luke made the motion to adopt the April 8, 2025 Town Council Meeting agenda as amended. (Carried: 7-0, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) Town Council Meeting April 8, 2025 Page 2 of14 CONSENT AGENDA: a. Approval of February 13, 2025 Meeting Minutes b. Approval of February 25, 2025 Meeting Work Session Minutes Council member Wright moved that the Purcellville Town Council approve the Consent agenda item 5a. and 5b. as presented in the April 8, 2025 Town Council Meeting agenda packet. (Carried: 6-0-1 Absent, Stought: Absent, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) RECOGNITION ladded as an amendment) Virginia Law Enforcement Professional Standards Commission Reaccreditation Chief Michael Kochis of the Charlottesville Police Department presented the recognition to Interim Chief Sara Lombrana and the Police Department. Council member Stought joined the meeting at 6:08PM. PUBLIC HEARINGS: a. FY 2026 Proposed Budget Mayor Bertaut opened the public hearing at 6:13PM. Mayor Bertaut stated the reason for this public hearing is to receive comments on the town manager's proposed budget for the fiscal year beginning July 1, 2025 and ending June 30, 2026. Interim Town Manager Kwasi Fraser gave the staff report. He shared the proposed budget was shared at the March 19th special meeting and there were two work sessions, one dealing with the General Fund and the other with Utility Fund. The budget summary for fiscal year 2026 is as follows; to be a total of 35.8 million or 35.9 million, 9.5 million of that goes towards capital improvement, and 26.4 million is for operations. The CIP breakdown is 3.6 million for wastewater, 1.6 million for water and 3.9 million for the general fund. Beverly Chiasson, 110 N 28th Street, made comments to not be in favor of the proposed budget as it is not complete. Council member Rayner was not in favor of the budget and believed it could be sustained. Council member Wright agreed with Council member Rayner and added it was not a well thought out plan. Vice Mayor Nett shared that rate increases are untenable and cuts would be made to town government, reduce rates to stand by his campaign promises. Council member Luke commented that they are looking at specific items in the budget that can be amended, changed, reduced, or deleted. Council member Stought shared the public hearing was being held too early and a few months ago Council voted to reallocate a portion of meals tax, reallocating money from the general fund into the utility fund to avoid rate increases. At that time, it was shared there was a plethora of opportunities for savings and problems with chargebacks that would arise at the budget work sessions. He had not seen Town Council Meeting April 8, 2025 Page 3 of14 concrete measures viable to pursue nor discussed. Council member Stought continued there was a $2 million dollar hole in the budget and nothing has been disclosed in the work sessions. He feared continued draw from reserves to satisfy political promises and the town having to suffer. Mayor Bertaut clarified that the proposed budget includes moving $1.6 million from general fund reserves, not $2 million as may have been implied. He emphasized that the general fund reserves exceed the policy limit by over $5 million, SO the town is not in a $2 million deficit. He expressed confidence that additional cost savings and operational efficiencies will be identified in fiscal year 2026. Mayor Bertaut concluded by stating that the budget is balanced and not running a deficit, and he is fully in favor of approving it as presented. The public hearing was closed at 6:26PM. b. FY 2026 Master Tax and Fee Schedule Mayor Bertaut opened the public hearing at 6:26PM. Mayor Bertaut stated the purpose ofthis public hearing is to receive comments on the ordinance setting rates for the following: Community development fees, performance bonds and as-built site inspections, permits, geographic information system services and community garden fee rental. The rates and fees would be effective as of July 1, 2025. Linda Jackson, Financial Analyst, confirmed the Mayor's statement. There were no comments. Mayor Bertaut closed the public hearing at 6:30PM. CLOSED SESSION MOTION TO GO INTO CLSOED SESSION As the motion was being read by Vice Mayor Nett, Council member Wright requested a point of order, in which the Town Attorney, Giff Hampshire stated the Vice Mayor could participate in the closed session due to the matter not related specifically to the police department or the chief, but limited to the contract being discussed. As authorized under the Code ofVirginia S 2.2-3711(A)(8), Vice Mayor Nett moved that Town Council convene a closed meeting for consultation with legal counsel employed or retained by the public body for specific legal matters requiring the provision of legal advice by such counsel. Specifically, the Town Council will review with legal counsel the contract between the Town and Major Consulting and Design LLC. The following are requested to attend the closed meeting: Mayor Bertaut and all Town Council HR Director LaDonna Snellbaker Town Attorney GiffHampshire (Carried: 6-0-1 Abstain, Stought: Aye, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Abstain; Nett: Aye, Bertaut: Aye) Council member Rayner briefly asked the Town Attorney how this session did not pertain to the police department in which Town Attorney Giffl Hampshire responded that it is a contract about the police department. The legal issue relates to the legal rights and remedies the Town has under Town Council Meeting April 8, 2025 Page 4 of14 the contract, what the closèd session would be limited to and the relationship between the Town and the consultant, not the result of the work. CERTIFY THE CLOSED SESSION: In accordance with Section $2.2-3712 of the Code of Virginia, Vice Mayor Nett moved that Town Council certify to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements under Virginia Freedom of Information Act; and (i) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by the public body. (Carried: 6-0-1 Absent, Stought: Absent, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) COMMUNITY HIGHLIGHTS Mayor Bertaut extended congratulations to Shanti Aesthetics and Wellness Medicine on their recent opening and noted that he, along with Council Members Luke and Rayner, attended their ribbon cutting. He also congratulated Officer Larry Michelli for receiving the Veterans of Foreign Wars Law Enforcement Public Service Citation Award for his excellence and dedication in law enforcement. The Town of Purcellville was recognized as a 2024 Tree City USA by the Arbor Day Foundation for its commitment to urban forestry, and special thanks were given to Amie Ware for helping the town earn the Growth Award for the 14th consecutive year. Upcoming events include the Purcellville Music and Arts Festival on April 26th, with a call for volunteers via the town website, and Kickball with a Cop, hosted by the Purcellville Police Department on Friday, April 25th at 3:30 p.m. at the Loudoun Valley Community Center a family-friendly event for children with a parent or guardian. CIVZAEN/BUSINESS COMMENTS: Kristen Shields, 417 Gatepost Court and Purcellville Cadet Girl Scout Troop 70005, shared working toward their Silver. Award, the highest achievement for their age group. Their project aims to install an accessible drinking fountain- -including a dog bowl and water bottle filling station--at the. Purcellville Train Station, the end oft the W&OD Trail. They identified this need after learning the current fountain at the station is broken. The selected fountain costs $3,500, and their project deadline is September 2025. While they have raised funds through product sales, they still need additional support and will host a booth at the Purcellville Music and Arts Festival. Flyers with more information and ways to help were distributed. Philip Ulanowski, 801 W. Holly Lane and a 34-year resident ofPurcellville, delivered a reflective and cautionary speech urging local actors engaged in conflict to reconsider their actions in light of broader global challenges. He criticized political infighting and personal maneuvering for power, likening it to making deals on the Titanic while it sinks. Drawing on over 50 years of personal work toward fostering a global renaissance, Ulanowski advocated for a Town Council Meeting April 8, 2025 Page 5 of14 new: paradigm based on international cooperation, dignity, and mutual benefit. He warned of the accelerating risks of economic collapse, pandemics, and even nuclear war, stressing that outdated strategies and divisive local politics are not the answer. He concluded with aj pointed caution against attempting to overturn elections, saying such efforts dishonor those involved. Michael Kochis, 430 11th Street NW Charlottesville, was signed up to speak, but was absent. Sarah Morgan, 608 Greysands Lane, speaking for the first time and under emotional strain due to her mother' S hospitalization, expressed deep concern about the current direction ofPurcellville's leadership. She referenced a petition showing that hundreds of residents are dissatisfied, countering a claim by Vice Mayor Nett that only "tens" are opposed. Sarah shared that many residents feel betrayed after voting for current officials, believing they have failed to deliver on promises of transparency. She emphasized her long-standing love for Purcellville and her desire to preserve the town's unique character and community spirit, which she feels is being undermined. Despite personal hardship, she chose to speak out because she believes the message is important. Mary Jane Williams of313 Locust Grove Drive read statements on behalf of Christy and Brian Morgan. Speaking for Christie, who is hospitalized, she challenged the claim that only a few residents oppose the Town Council, citing hundreds of petition signers, including former supporters now expressing regret. Christie Morgan criticized the dismissal of concerns as politically motivated, calling it "gaslighting, " and said her involvement began after the January 8th firing of the Town Manager and appointment of an unqualified ally. She emphasized that many residents share these concerns but remain silent, urged the Council to "do better, 2 and encouraged others to get informed through the Purcellville Deserves Better" initiative. She also criticized the continued use oftown financial reserves and likened the Council's actions to following a destructive playbook, accusing them of arrogance and a lack of transparency. Mary Jane Williams read a statement on behalf of Brian Morgan of 608 Grayson Lane, who is currently in the hospital with his wife, Christie. Brian Morgan criticized the Town Council's March 25th approval of a 19.2-cent real estate tax rate by a 4-3 vote, arguing it violated Virginia Code $15.2-1427(G), which requires a two-thirds (5 out of7) vote for tax imposition in towns. He also cited the town charter, stating that the Town Manager is responsible for ensuring all laws and ordinances are properly executed a duty he believes the interim manager is failing, despite being hired based on his prior experience as mayor. Brian Morgan further criticized the Town Attorney for lacking municipal law expertise and failing contractual obligations. He called on the Council to work collaboratively rather than divide, which he believes has prompted what may be the town's first recall campaign. He concluded by urging the Mayor and Council majority to represent all residents not just the 33% who voted for them. Darlene Mowry, a Misty Pond Terrace resident, criticized divisive behavior by some residents and outsiders targeting Town Council through social media and recall efforts. She defended the election results and urged acceptance ofthe council's legitimacy. Mowry warned that continued conflict could damage property values, town reputation, and finances. She praised the Blue Ridge Leader for balanced reporting and condemned attempts to remove Officer Ben Nett, supporting Town Council Meeting April 8, 2025 Page 6 of14 his dual role as officer and council member. She called on the Town Board (Council) to work respectfully, honor the will ofvoters, and prioritize unity, slow growth, and reduced traffic. Mike McAlister of Greggsville Road addressed the Town Council to share concerns about Officer and Vice Mayor Ben Nett. He criticized some members for relying solely on the Blue Ridge Leader and presented information from other news sources. Mr. McAllister highlighted that Officer Nett was reportedly placed on the Brady List, missed work due to illness but attended a Richmond conference where he was allegedly seen drinking, and lacks supervisory or command-level law enforcement experience- yet is considered by some to be the most qualified candidate for police chief. Using sarcasm, Mr. McAllister questioned Vice Mayor Nett's qualifications, referenced a pending FOIA request, and warned about potential decertification by Virginia's Department of Criminal Justice Services (DCJS). He concluded with a mocking comparison to the fictional character Barney Fife and suggested Vice Mayor Nett may only be fit for a rest stop security job if decertified. Alan Colby of] Loudoun Valley Drive spoke critically at the Town Council meeting, addressing a range of concerns including perceived condescension by the mayor toward Councilman Wright and skepticism over the Town Manager's budget ideas, particularly the use of AI. Mr. Colby criticized past failed attempts to "monetize" the town and sarcastically suggested AI might succeed where human leadership has not. The turning point ofhis remarks focused on a letter from Officer and Vice Mayor Ben Nett, which Alan Colby described as revealing alleged abuse ofj power, malfeasance, and conflicts of interest. He characterized the council's situation as worthy of academic or cinematic study due to its dysfunction. He demanded that the "Team Mayberry" block of council members publicly condemn Vice Mayor Nett's behavior. Failure to do sO, he warned, would signal complicity in what he described as a manipulative and opaque scheme undermining town governance and minority councilmembers. Mr. Colby concluded by calling Vice Mayor Nett a "disgrace" and stating it was time for both him and Team Mayberry to stop serving self-interest and start serving the public. William Hicks, Mayfair resident, began by noting that his usual lighthearted opening didn't suit the seriousness of current town issues. He acknowledged signing a petition and recounted a resident saying a council member- -also their neighbor-had lied to them, though he did not name the official. Mr. Hicks focused primarily on disputing claims that Purcellville residents cannot afford water and sewer rates, citing U.S. Census data showing a median household income of$163,000, significantly higher than the national average. He emphasized that only 4.8% of residents live in poverty compared to 11.1% nationally and highlighted that the town helps with options for residents facing payment hardships. He broke down water usage and cost data to argue that the average annual cost of $2,100- -about 1.24% of median income or roughly $5.54 per day per person-is not unreasonable, especially compared to buying bottled water. Mr. Hicks concluded before addressing a second topic due to time limits. Beth Goldsmith, 301 W School Street, planned on speaking to the Main Street Program and highlighted the importance of civic engagement, diverse opinions, and staying informed, noting many residents attend meetings out of frustration and a desire to be heard. She criticized the Town Council's divisiveness and dysfunction, calling it embarrassing and expressing a wish for Town Council Meeting April 8, 2025 Page 7 of14 more stable, cooperative governance. Acknowledging her own emotional responses, she urged council members to work together ethically for the community. Ms. Goldsmith cited the near dismissal oft the Main Street program due to a councilmember's lack of preparation as an example of poor representation. She ended by emphasizing the need for civil discourse and thanked a previous speaker whose remarks resonated with her. Casey Chapman, CaseCo LLC 125 Hirst Road, began by congratulating the Girl Scout troops for their courage in public speaking and offered support for their water fountain fundraising. He expressed appreciation for the police department's hard work and dedication, as well as praise for the town staff's helpfulness and friendliness, emphasizing the importance of staff retention through fair compensation. Mr. Chapman touched on the town budget, stressing the priority of paying staff appropriate raises. Regarding utility rates, he expressed no personal stance but opposed using the general fund to subsidize the utility fund, calling it an unsustainable practice he has long opposed. He acknowledged that public discord and council conduct hurt the town's image. He also criticized the upcoming zoning ordinance and map, citing feedback from outside investors who view it negatively and worry about restrictions affecting property uses and values. He concluded by warning that increased restrictions and governance tend to lower property values. Council member Rayner read the following comments from Erica Stought. She used the 1919 Boston molasses tank disaster as an analogy to highlight the dangers of neglecting serious issues. She described how a leaking tank was ignored and disguised, leading to a deadly disaster, and asked the Town Council what Purcellville's equivalent "molasses tank" might be-i -implying a critical problem being overlooked. She focused on PFAS contamination in the town's water supply, criticizing the Council for waiting on federal mandates to address it despite known health risks. Erica Stought called out the Council's inconsistency, noting they previously refused to delay lowering a tax rate due to funding concerns but are now hesitant to borrow money for urgent infrastructure projects. She accused Mayor Berteau of"gaslighting" the town over zoning changes, criticized the Council for ignoring public comments, and lamented costly, repeated zoning ordinance revisions caused by Council members not doing their homework. She questioned the rationale behind costly zoning changes, especially since the Council claimed to support cost-saving measures. Erica Stought concluded by noting that despite all this, her water rates have remained unchanged after 98 days. MAYOR. AND COUNCIL COMMENTS: Council member Stought's remarks followed a "Good, Bad, and Ugly" theme: He congratulated Officer Michelli for receiving the VFW Law Enforcement Public Servant Citation for outstanding service. He praised staff and the tree committee for Purcellville being named a True City USA for its tree care commitment and encouraged volunteers for upcoming community events like the Music and Arts Festival and Kickball with COPS. He shared concerns during budget season emphasizing the need for fair employee compensation, sustainable financial planning without dipping into reserves, and avoiding deferral of critical Capital Improvement Projects (CIP). He cited the Flint, Michigan water crisis as a cautionary example ofthe long- term consequences of cost-cutting decisions affecting public health and criticized deferring CIP projects just to avoid raising water rates or taking on debt as irresponsible and politically Town Council Meeting April 8, 2025 Page 8 of14 motivated, urging Council to do what' S right rather than what's expedient. Council member Stought referenced the ugly by condemning the Vice Mayor for allegedly misrepresenting and twisting words oftwo staff members regarding police department budget discussions, falsely claiming they recommended eliminating the department. He noted the Town Manager had to publicly correct the Vice Mayor's statement and called for the Vice Mayor to publicly apologize to the staff members, LaDonna Snellbaker and Diana Hays, for the false accusations. Council member Rayner remarks focused on the Police Department recognition and congratulated Officer Michelli on receiving the VFW Law Enforcement Public Servant Citation award. She also celebrated Councilman Kevin Wright' S induction into the Loudoun Fire Rescue Hall of Fame. She shared frustration with the agenda handling expressing strong dissatisfaction that the mayor had twice refused to put formal recognition ofthe police department' S promotions and accreditation award on the official agenda. She described having to push for a last-minute agenda amendment to properly recognize the police department, calling it disrespectful to limit such an important award presentation to the public comment period. Council member Rayner shared concerns about budget process criticizing the lack oft transparency and teamwork in the budget process, noting the minority council members have had to wait until the final meeting to hear major proposed budget cuts and ideas. She pointed out that the public hearing is scheduled before the council even hears these new proposals or expert input, calling this a poor and non- transparent process. Council member Wright expressed his appreciation for the community's involvement, thanking everyone for coming out and encouraging them to continue staying engaged. He shared that he attended the 2024 Loudoun County Combined Fire Rescue Awards and Recognition Ceremony, where he recognized several local volunteer service members for their many years of dedication, highlighting individuals such as Thomas Harrison, Linda Curtis, Susan Johnson, Rob Richie, Andrew Bowers, Jack Merritt, and Alan Colby- -the latter being a mentor to Council member Wright and present at the ceremony. He also made a lighthearted remark about his respect for Mr. Colby, joking about fearing being scolded by him but feeling relieved not to be the focus of the night's discussion. Throughout his remarks, Council member Wright emphasized his gratitude and respect for the long-standing commitment of these volunteers in fire and rescue services. Vice Mayor Nett began by expressing appreciation for the support of law enforcement in the room and reflected on his recent past when he was publicly congratulated for being named Officer of the Year. He referenced a page in the proposed budget that recognized law enforcement officers, including himself, for receiving the Sheriff S Meritorious Action Award. Vice Mayor Nett then shared that after choosing to engage in local governance as a citizen- emphasizing that police officers are citizens first-he became the target ofharassment within the department for over a year, due to his efforts to address the weaponization oflaw enforcement and encourage leadership within the department. He noted that he would discuss those issues in more detail elsewhere. Shifting focus, Vice Mayor Nett formally recognized two Boy Scouts, Gideon Loomis and Wade Reynolds, for earning their Eagle Scout Awards, a top honor achieved by only 5% of Scouts. Vice Mayor Nett congratulated both young men, noting their accomplishments and promising futures. Town Council Meeting April 8, 2025 Page 9 of14 Council member Luke expressed heartfelt congratulations to the Boy Scouts who achieved the rank ofEagle Scout, acknowledging how challenging the process is, especially having had sons who went through it but didn'treach Eagle. She emphasized that this accomplishment is something the community should support. Council member Luke also appreciated seeing the young Girl Scouts present and encouraged everyone to buy their cookies. She closed by expressing strong support for the Scouts and thanked the audience. Council Member Khalil acknowledged having many thoughts but chose to remain silent and offered no further comments. Mayor Bertaut thanked everyone for attending and noted that many community accolades had already been given, SO he would move on to other topics. He highlighted that the evening would include another budget discussion and encouraged council members to adopt a collaborative attitude to work through the numbers and find solutions that ensure health, safety, welfare, and affordable services for residents. The zoning ordinance was also a key topic, described as a long- term project spanning over four years with extensive public input and staff effort, aimed at updating a law that hadn't been significantly revised in decades. Additionally, the Rainbow Bridge project from a local nonprofit was up for discussion, and the Mayor encouraged those interested to stay and learn more. He closed by clarifying the legal meaning of"imposed" in relation to taxes, explaining it refers to new taxes rather than adjustments to existing ones. Council Member Rayner relayed that the chair oft the Economic Development Advisory Committee (EDAC), Tamara Dean, had requested an important update be read into the record. The update shared that EDAC approved a motion recommending the Town Council keep the June 12, 2024, resolution authorizing the town's participation in the Virginia Main Street program in effect, rather than canceling it. This participation is necessary to maintain eligibility for grant funding, technical assistance, and ongoing involvement by the community-led Purcellville Main Street organization. Council member Stought logged off oft the remote participation approximately 7:43PM. ACTION ITEMS a. Approval of Granting Ordinance and Electrical Current Services Franchise Agreement Giff Hampshire, Town Attorney, gave the report and as the staff report explained that Virginia law requires a locality to follow a franchise process ifit grants rights within its rights of way for longer than five years. On March 11, the town council approved a procedural ordinance initiating a public bidding process for electrical services and broadband facilities within the town's rights of way. The bidding period closed at 3 PM today, with one bid received from Dominion Electric Power. It was noted that it would be appropriate for the mayor to open that bid during tonight's meeting. Mayor Bertaut confirmed one sole bid from Virginia Power and Electric Company. Mr. Hampshire stated this is for approval of a franchise ordinance, which would give Dominion Town Council Meeting April 8, 2025 Page 10 of 14 the rights within the right of way to provide electric power and broadband services pursuant to the details of the franchise ordinance in the agenda packet. Council had a discussion with Mr. Hampshire pertaining to the item and compared the Comp Plan guidance. There was a discussion with overhead and underground facilities already in the existing agreement. There were: representatives from Dominion online and in the audience. (Brett Heather Freedson Member, Lerman Senter PLLC and Jerry Brooks, Dominion Energy Virginia) Council member Rayner moved that the town council adopt ordinance 25-04-01 as presented in the April 8, 2025 agenda packet, which grants the electrical current services franchise to Virginia Electric and Power Company. (Carried: 6-0-1 Absent, Stought: Absent, Khalil: Aye, Luke: Aye, Rayner: Aye, Wright: Aye; Nett: Aye, Bertaut: Aye) b. Adoption of Zoning Ordinance and Map Summer Wilkes, Director of Planning and Economic Development, gave the report. Ms. Wilkes provided a timeline and overview of the zoning ordinance update process. She explained that after nearly three years of work and a public hearing on July 25, 2024, the Planning Commission recommended a major update to the town's zoning ordinance on July 31. She presented the draft to the Town Council on October 8, followed by a staff-led work session on October 22 to address additional recommendations. Following the November 2024 election, deliberations were paused until newly elected council members took office. On January 8, 2025, Planning Commission Chair Mr. Rise presented the commission's recommendation to adopt the original draft. On January 28, the Council agreed to include final edits and one staff recommendation and referred to the ordinance for legal review. After completing the legal review, a public hearing was scheduled for March 11. All legal notice requirements were met, including mailing over 1,000 letters to affected property owners. Ms. Wilkes noted that the Council had received the final draft ofthe ordinance and zoning map and highlighted four attachments in the packet, including details about the floodplain ordinance, overlay district curb cut standards, the ordinance for adoption, and a resolution to grandfather existing permits in progress. Council discussed the Zoning Ordinance for clarity of the issues and some Council members were: not in agreement how this rewrite had been handled. Council member Luke moved that the Town Council approve Ordinance 25-03-02-2025 Zoning Ordinance and Map Adoption. And she further moved that the Town Council approve Resolution 25-03-01-1991 Zoning Ordinance Grandfathering and authorize the Mayor to sign all necessary documents on behalf ofthe Town Council. (Carried: 4-2-1 Absent, Stought: Absent, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: Aye) Mayor Bertaut announced a 5 minute recess at 8:14PM during the meeting. Town Council Meeting April 8, 2025 Page 11 of14 DISCUSSION a. Budget Work Sessions - Council Guidance (Town Council) Council began a discussion regarding this matter. Council member Rayner shared her priorities were to make this budget sound and structurally balanced. She shared not having enough time with this request and suggested two cost savings; remove CCB stipends of $78k and also the Town Council special project allocation of $3500 to not hurt staff or hurt the town. Council member Wright agreed with Council member Rayner and suggested that this was nothing but a stunt. Vice Mayor Nett shared that he had discussed some ideas with Council member Khalil and asked her to present them during the meeting, indicating his support for those suggestions. He acknowledged the difficult budget decisions ahead but expressed general approval of the budget proposal developed by town staff and the interim town manager, particularly because it maintains a 0%1 rate increase for water and wastewater services, contrasting this with earlier proposed rate hikes. Drawing on his background as a former town employee, he mentioned that he has seen opportunities for cost-saving measures firsthand, reinforcing his support for a more fiscally responsible approach. Vice Mayor Bertaut explained reviewing spreadsheets and giving the budget much thought. He used an example of a 3% COLA and there are heard decisions to make. He mentioned the sheriff department' S support for surrounding areas and deferred to Council member Khalil to further comments. Council Member Khalil acknowledged that the proposed budget is a reasonable starting point, but emphasized that difficult decisions now need to be made. She specifically highlighted the police department as a significant and ongoing financial burden on the town, despite the positive remarks made about it during the meeting. She stressed that the department has cost local businesses and residents hundreds ofthousands of dollars, though she clarified that this is not the fault of the officers, who are dedicated and hardworking. Instead, she framed the issue as a structural financial problem that must be addressed, stated, "it's time the hemorrhaging came to a stop". Council member Khalil moved that the Town Council direct staff to prepare an ordinance for Council's consideration to rescind chapter 42 ofthe town code, effective July 1, 2025. Council had a discussion with much deliberation and there was dismay shared by the Chambers audience. Council member Rayner suggested the motion was ludicrous and pointed out this was the first time this was being discussed with no information from the sheriff department. Council member Wright shared that this was ignorance, corrupt, and the discussion of this motion was not done in public and only amongst a few. He suggested this was retaliatory. Vice Mayor Nett shared having a difficult time with this decision and did support it. He shared the Loudoun County Sheriff's Office would provide exclusive police coverage to the town just as they do on a 24-7 basis for the neighboring towns ofHamilton and Round Hill and for unincorporated Purcellville. Vice Mayor Nett believed this as a large cost saving measure. Council member Luke believed this to be a "double taxing" situation and the sheriff's office would be able to service the town. Council member Khalil supported this decision, as it made it more conducive to address Capital Projects, staffi increases, keep taxes in check, etc. and had full faith in Sheriff Chapman to be able to transfer services into his hands. Mayor Bertaut explained this would be a transfer of services and the town would remain safe. This is a move to remove financial burdens and will ensure the long-term financial position of the town. Presently, residents and businesses pay for law enforcement protection twice, once through the County and once through the town. Town Council Meeting April 8, 2025 Page 12 of 14 He shared the sheriff' S department provides protection in the early hours ofthe morning and they have a presence already. A member of the audience questioned the amount of already prepared speeches regarding this item and shared it had not been placed on the agenda. Council member Rayner asked GiffHampshire, Town Attorney, if a public hearing would be necessary and proper advertising in which he agreed, but he heard the motion as directing staff to prepare an ordinance and not adopt it which was discussed. Mayor Bertaut shared that he did not have discussions with the Sheriff S department, but the Town Manager had. Council member Rayner reacted pointing out the Town Manager was given a directive without all seven Council members being aware and she questioned what would happen to all the Police special events/activities for the citizens. She shared this should have been a discussion item to have an open conversation with the Sheriff S office. Council member Wright asked the Town Attorney ifVice Mayor Nett was able to vote on this item. Mr. Hampshire shared there had been attorney client privilege discussion on this matter and Vice Mayor was able to vote, he was no longer employed by the Police Department, and there was no longer a conflict of interest. Mr. Hampshire shared Vice Mayor Nett had been within a 20 day grievance process to contest the termination but allowed to vote and strongly discouraged to vote by the Virginia Ethics Council. He also shared this was discussed earlier in the day. There continued to be outbursts from the citizens in Chambers. (Carried: 4-2-1 Absent, Stought: Absent, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: Aye) Council member Luke moved that 100% ofthe meals tax revenue collected by the town be allocated by policy effective July 1, 2025 to the Utility Enterprise Fund. Council member Rayner shared her disagreement with this motion, no discussion previously and shared not reviewing the utility modeling sent earlier. Council member Rayner confirmed this was not shared with staff in the modeling. There were shared statements of dismay from the audience. Council member Wright compared making comments to a brick wall and not wasting his time. Vice Mayor Nett addressed concerns about a perceived fiscal shortfall, stating that he did not see any financial "hole.' - He pointed out that meals tax revenue nearly matches police department costs. He also mentioned anticipated cost-saving measures and projected a surplus for both the general and utility funds. According to him, this financial position provides the town with the flexibility to move forward with Capital Improvement Plan (CIP) projects, most ofwhich are tied to the utility enterprise. Council Member Luke stated that the Council has closely reviewed available funds. She explained that reducing the transfer will help fund utility-related Capital Improvement Projects (CIPs), lower residential utility rates, and keep future rate increases at ai manageable level. Council member Khalil agreed with Vice Mayor Nett and this would be a way of getting the infrastructure up to where it needed to be and that was more important than paying double taxes for police coverage. There were shared statements of dismay from the audience. Before the vote was taken, Mr. Hampshire shared that he had not researched if there was a public hearing needed prior to this motion being made. Vice Mayor Nett confirmed the vote could be taken and had done previously. Town Council Meeting April 8, 2025 Page 13 of14 (Carried: 4-2-1 Absent, Stought: Absent, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: Aye) Mayor Bertaut moved that the Town Council reduce water and sewer rates by 9 and 11 percent respectively, effective at the beginning of fiscal year 2026, contingent on supporting modeling by Stantec. Council member Rayner and Wright shared disbelief and disagreement with this motion. They believed it was ludicrous and there is a need to hear from the experts/consultants. There were shared statements of dismay from the audience. Mayor Bertaut emphasized that financial experts have already calculated the impact ofwater rate changes, noting that a 9% reduction in water rates and an 11% reduction in wastewater rates would cost $714,000. He explained that transferring the full amount of meals tax revenue -$1.708 million - to the utility funds covers that cost while also allowing for merit increases for water and wastewater staff. Additionally, it enables increases to utility reserves, raising wastewater reserves from 62% to 75% and water reserves from 88% to 100%, in line with recommendations from Stantec. Before the vote was taken and shared previously, Mr. Giff Hampshire, Town Attorney, shared that he had not researched if there was a public hearing required prior to this motion being made and he suggested holding off. (Carried: 4-0-2 Present-1 Absent, Stought: Absent, Khalil: Aye, Luke: Aye, Rayner: Present, Wright: Present; Nett: Aye, Bertaut: Aye) Mayor Bertaut moved that sufficient funds be allocated to the wastewater reserves to bring those reserves to 75%. And he further moved that sufficient funds be allocated to the water reserves to bring them to 100%. Council member Rayner and Wright shared disagreement and asked for the motion to be more detailed in where funds were initiated from. Mayor Bertaut shared an assumption that could be made from previous motion. (Carried: 4-2-1 Absent, Stought: Absent, Khalil: Aye, Luke: Aye, Rayner: Nay, Wright: Nay; Nett: Aye, Bertaut: Aye) Council member Luke moved that the town council direct the town manager to provide merit increases of 1% to 5% in the fiscal year 2026 for all the employees. Council member Rayner shared this is an inappropriate time to make all of these motions, budget discussions have not ended. Again, Council member Wright showed disappointment in the process of not being included in these discussions and is afraid ofi the damage being done to the town. Vice Mayor Nett was looking for solutions from other Council members. Council member Luke and Council member Khalil agreed with the motion. Mayor agreed with raising the 1-3% increase to 1-5% increase. Council member Rayner shared the budget was not being looked at wholistically and does support staff. Council member Wright commented to be in support of staff, but needed to abstain. Town Council Meeting April 8, 2025 Page 14 of14 (Carried: 4-1-1-Abstain-1 Absent, Stought: Absent, Khalil: Aye, Luke: Aye, Rayner: No, Wright: Abstain; Nett: Aye, Bertaut: Aye) Mayor Bertaut shared the next item on the agenda was the Town Manager appointment process. With that Council member Wright made a motion to adjourn. (Failed: 2-4-1 Absent, Stought: Absent, Khalil: Nay, Luke: Nay, Rayner: Aye, Wright: Aye; Nett: Nay, Bertaut: Nay) b. Town Manager Appointment Process Mayor Bertaut began the discussion with going through a lengthy process to examine 80-82 candidates and would like to heari impressions from each Council member. Vice Mayor Nett noted the Interim Town Manager had received a rating of zero, which he disagreed with having served as former Mayor for 8 years. Council member Rayner and Wright shared wanting to meet the top five individuals and to follow a process as in the past with an interview process. Vice Mayor Nett stated the last process for Town Manager was not followed and Council member Rayner disagreed that there was an interview process. Vice Mayor Nett moved that Town Council appoint Mr. Kwasi Fraser as permanent Town Manager. There was an outburst from Council Chambers and Council member Rayner and Wright left the meeting at 9:16PM. (Carried: 4-3 Absent, Stought: Absent, Khalil: Aye, Luke: Aye, Rayner: Absent, Wright: Absent; Nett: Aye, Bertaut: Aye) C. Rainbow Bridge Proposal (Not discussed) d. Future Town Council Meetings and Agenda Topics (Not discussed) ADJOURNMENT: With no further business, Vice Mayor Nett made a motion to adjourn the meeting at 9:18PM. GAYLm. Christopher Bertaut, Mayor Kimlpanndy Kimberly Bandy, own Clerk Interim Town Manager Mayor Kwasi Fraser Christopher Bertaut Town of Assistant Town Manager Diana Hays Town Council Susan Khalil rcMille Virginia Carol Luke 221 S. Ave. Ben Nett Nursery Purcellville, VA 20132 Erin Rayner Phone: (540) 338-7421 Caleb j. Stought wonwepurelvillevagor Kevin B. Wright TOWN OF PURCELLVILLE IN LOUDOUN COUNTY, VIRGINIA ORDINANCE NO. 25-04-01 PRESENTED: April 8. 2025 ADOPTED: April 8. 2025 AN ORDINANCE: TO GRANT AN ELECTRIC CURRENT SERVICES FRANCHISE TO VIRGINIA ELECTRIC AND POWER COMPANY WHEREAS, the Town has the authority to grant franchises and other authorizations for the use and occupancy ofthe 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 contimued 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 ordinance 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: TO GRANT AN ELECTRIC ÇURRENT SERVICES FRANCHISE TO VIRGINIA ELECTRIC AND POWER COMPANY WHEREAS, in compliance with State Code, the Town has completed a public bid process for aj proposed 30-year electric current services franchise; and WHEREAS, the only entity to submit such a bid was Virginia Electric and Power Company; and. WHEREAS, the Council desires to grant to Virginia Electric and Power Company, its successors and assigns, a franchise, under certain conditions, permitting the grantee to use the public rights-of-ways in the Town ofPurcellville for the acquisition, erection, installation, maintenance of an electric current system to be used to provide electric current services, and further including the right to attach, operate, and maintain additional cables for broadband facilities and communication services, in the Town. WHEREAS, the ordinance is enacted as follows: AN ORDINANCE To grant to Virginia Electric and Power Company, its successors and assigns, the right for the term and upon the conditions herein stated, to use the streets, alleys and public places of the Town ofPurcellville, Virginia, and to acquire, erect, install, maintain and use, and if now constructed to maintain and use, poles, towers, wires, cables, conduits, ductways, manholes, handholes and appliances in, over, along, on and under the streets, alleys and public places of said Town, for the purpose of distributing, transmitting and selling electric current for light, heat and power at any point within the corporate limits of said Town as the same now exist or may hereafter be extended or altered; together with the right to attach, operate, and maintain, additional cables, including but not limited to fiber optic cables, wires, attachments, and other transmission facilities as Virginia Electric and Power Company may from time to time deem necessary and required, and equipment, accessories, and appurtenances necessary in connection therewith (the "Broadband Facilities"), including the right to increase or decrease the number of wires, all for the purpose of transmitting voice, text, data, internet services, and other communications services, including the wires AN ORDINANCE: TO GRANT AN ELECTRIC CURRENT SERVICES FRANCHISE TO VIRGINIA ELECTRIC AND POWER COMPANY and attachments of third parties (the "Communication Rights"); the right to lease or license the right to transmit signals, data, or other communications through such Broadband Facilities, in whole or in part to third parties as may be useful or practical, including the rights to transmit third party data and the right to lease or license surplus communications capacity to third parties through such Broadband Facilities; and the right to install additional pole, guys, and anchors on said property but only as necessary for purposes of the safety and stability oft the Broadband Facilities. WHEREAS, the Clerk has laid before the Council oft the Town of Purcellville, Virginia, at the first regular session held after the completion of the publication thereof, an ordinance approved April 8, 2025, entitled: "AN ORDINANCE To provide for the grant by the Town of Purcellville, Virginia, to a person or persons, or to a corporation, its successors and assigns, hereafter to be ascertained in the mode prescribed by law, ofthe right for the term and upon the conditions herein stated, to use the streets, alleys and public places of said Town, and to acquire, erect, install, maintain and use, and if now constructed to maintain and use, poles, towers, wires, cables, conduits, ductways, manholes, handholes and appliances in, over, along, on and under the streets, alleys and public places of said Town, for the purpose of distributing, transmitting and selling electric current for light, heat and power at any point within the corporate limits of said Town as the same now exist or may hereafter be extended or altered; together with the right to attach, operate, and maintain, additional cables, including but not limited to fiber optic cables, wires, attachments, and other transmission facilities as Virginia Electric and Power Company may from time to time deem necessary and required, and necessary equipment, accessories and appurtenances desirable in connection therewith (the "Broadband Facilities"), including the right to increase or decrease the number of wires, all for the purpose of transmitting voice, text, data, internet services, and other communications services, including the wires and attachments ofthird parties (the "Communication Rights"); the right to lease or license the right to transmit signals, data, or other communications through such Broadband Facilities, in whole or in part to third parties as may be useful or practical, including the rights to transmit third party data and the right to lease or license surplus communications capacity to third parties through such Broadband Facilities; and the right to install such additional pole, guys, and anchors on said property but only necessary for purposes of the safety and stability of the Broadband Facilities; together with a certificate of due publiçation ofthe same once a week for two successive weeks, in a newspaper of general circulation in the Town of Purcellville, said advertisement commencing on the 20th day ofl March, 2025 and terminating on the 27th day of April 2, 2025. AN ORDINANCE: TO GRANT AN ELECTRIC CURRENT SERVICES FRANCHISE TO VIRGINIA ELECTRIC ANDI POWER COMPANY WHEREAS, the Virginia Electric and Power Company submitted in writing a bid in the sum of One Thousand and 00/100's Dollars ($1,000.00) for the franchise, rights and privileges contained and no further bids were submitted; and WHEREAS, in the opinion of the Council of the Town it is expedient and to the best interests of the Town that the said franchise, rights and privileges should be granted to the Virginia Electric and Power Company: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PURCELLVILLE, VIRGINIA: 1. That the bid of the Virginia Electric and Power Company be accepted and that the rights and privileges proposed to be granted by the said ordinance be and the same are hereby granted to the said Virginia Electric and Power Company, upon the condition that the said Virginia Electric and Power Company shall first execute a bond with good and sufficient security in the penal sum of Five Thousand and 00/100's Dollars ($5,000) with surety to the Town, which sum the' Town shall bej permitted to increase upon reasonable prior written notice to said grantee, in the event of said grantee's failure to comply with the obligations set forth herein, in an amount that reasonably reflects the actual out-of-pocket costs incurred by the Town to cure such non-compliance, to be conditioned as prescribed in Section 11 of said ordinance as follows: "that the grantee will construct and maintain, or if constructed, will maintain, the Facilities provided for herein and reasonably necessary for the exercise of the rights and privileges granted in and by this ordinance, and will maintain the same in good order, including repair and restoration of any Town rights- of-way due to the grantee's construction and maintenance of the Facilities, throughout the term of this grant, and will comply with the terms, provisions and conditions oft this ordinance in all respects. - 2. That the name of said Virginia Electric and Power Company shall be inserted in the said ordinance, which was approved April 8, 2025, and that the same, with this insertion, be and is hereby enacted and re-ordained, in the place and stead of that certain Ordinance enacted May 23, 1972, in the words and figures following: AN ORDINANCE To grant to Virginia Electric and Power Company, its successors and assigns, the right fort the term and upon the condition herein stated, to use the streets, alleys and public places of the Town of Purcellville, Virginia, and to acquire, erect, install, maintain and use, and: ifnow constructed to maintain and use, poles, towers, wires, cables, conduits, ductways, manholes, handholes and appliances in, over, along, on and AN ORDINANCE: TO GRANT AN ELECTRIC CURRENT SERVICES FRANCHISE TO VIRGINIA ELECTRIC AND POWER COMPANY under the rights-of-way, streets, alleys, sidewalks and public places of said Town, for the purpose of distributing, transmitting and selling electric current for light, heat and power at any point within the corporate limits of said Town as the same now exist or may. hereafter be extended or altered; together with the right to attach, operate, and maintain, additional cables, including but not limited to fiber optic cables, wires, attachments, and other transmission facilities as Virginia Electric and Power Company may from time to time deem necessary and required, and all equipment, accessories and appurtenances necessary in connection therewith (the "Broadband Facilities"), including the right to increase or decrease the number ofwires, all forthe purpose oftransmitting voice, text, data, internet services, and other communications services, including the wires and attachments of third parties (the "Communication Rights"); the right to lease or license the right to transmit signals, data, or other communications through such Broadband Facilities, in whole or in part to third parties as may be useful or practical, including the rights to transmit third party data and thei right to lease or license surplus communications capacity to third parties through such Broadband Facilities; and the right to install such additional pole, guys, and anchors on said property as are necessary for purposes of the safety and stability ofthe Broadband Facilities. BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PURCELLVILLE, VIRGINIA: Section 1. That the right is hereby granted unto Virginia Electric and Power Company, hereinafter referred to as the "grantee", 2 its successors and assigns, for the term and subject to the conditions and limitations hereinafter stated, to use the streets, alleys and public places of the Town of Purcellville, hereinafter referred to as the "Town", 2 and to acquire, erect, install, maintain and use, and if now constructed to maintain and use, poles, towers, wires, cables, conduits, ductways, manholes, handholes and appliances, hereinafter referred to as "Facilities", > in, over, along, on and under the rights-of-way, streets, sidewalks, alleys, and public places of said Town, for the purpose of distributing, transmitting and selling electric current for light, heat and power at any point within the corporate limits of said Town as the same now exist or may hereafter be extended or altered; together with the right to attach, operate, and maintain, additional cables, including but not limited to fiber optic cables, wires, attachments, and other transmission facilities as Virginia Electric and AN ORDINANCE: TO GRANT AN ELECTRIC CURRENT SERVICES FRANCHISE TO VIRGINIA ELECTRIC AND POWER COMPANY Power Company may from time to time deem advisable, and all equipment, accessories and appurtenances desirable in connection therewith (the "Broadband Facilities", which shall be a subset of the Facilities, as used herein), including the right to increase or decrease the number of wires, all for the purpose of transmitting voice, text, data, internet services, and other communications services, including the wires and attachments of third parties (the "Communication Rights"); the right to lease or license the right to transmit signals, data, or other communications through such Broadband Facilities, in whole or in part to third parties as may be useful or practical, including the rights to transmit third party data and the right to lease or license surplus communications capacity to third parties through such Broadband Facilities; and the right to install such additional pole, guys, and anchors on said property are necessary for purposes of the safety and stability oft the Broadband Facilities; provided that such right to sell electric current for light, heat and power shall extend only to such areas of1 the Town as are now or may hereafter be allotted to the grantee for service by authority of a certificate of public convenience and necessity issued by the State Corporation Commission in accordance with law. Section: 2. From and after the date on which this ordinance shall become effective, the Facilities in, over, along, on and under the rights-of-way, streets, sidewalks, alleys, and public places ofthe Town authorized by this ordinance to be located and constructed, shall be located at reasonably suitable and convenient points. The grantee shall file with the Town (with copy to the Town Manager) plans showing the location of proposed additional Facilities, and obtain any permit required therefor prior to their construction in, over, along, on and under the rights-of-way, streets, sidewalks and alleys of the Town. Except where approval ofthe State Corporation Commission is required by law or where the addition of facilities is necessary to satisfy the grantee's service requirements as a public utility, the location of the proposed facilities, shall be subject to review by the Town Manager with the: right on the part of the grantee to appeal from their decision to the Council of the Town of Purcellville, and the decision of the Council on said appeal shall be final and binding as to the location of such Facilities. The grantee shall provide prior written notice to the Town Manager of planned material improvements to existing Facilities in the Town rights-of- way ("Material Improvements"),: and shall obtain any permit required to perform work in the Town rights-of-way in connection with such Material Improvements. Upon request, the grantee also shall seek consultation from the Town with respect to the nature and location of any Material Improvements; provided, however, that all Materials Improvements approved by the State Corporation Commission or necessary to satisfy the grantee's service requirements as a public utility shall be made at the sole discretion of the grantee, and shall not be refused or delayed by the Town, Whenever the Town shall determine that it is necessary that any Facilities of grantee originally installed in, over, on and under any public rights-of-way of any street, alley or public place of the Town should be relocated or removed in connection with repair, relocation or improvement of said street, alley or public place, then grantee shall remove or relocate same, using like construction, at such plaçe as shall be mutually agreeable with the Town and grantee. Grantee shall bear all costs ofremoval and: relocation provided the Town will obtain or cause to be obtained, without charge to the grantee, suitable permits as may be required by the grantee for its relocated Facilities. Grantee shall perform all removal and relocation work required by this Section within a period of six (6) months or a commercially reasonable period of time after the Town's written AN ORDINANCE: TO GRANT AN ELECTRIC CURRENT SERVICES FRANCHISE TO VIRGINIA ELECTRIC AND POWER COMPANY gross negligence of the Town, its agents or employees. Said grantee shall maintain commercial general liability insurance with minimum limits of $3,000,000 per occurrence, $5,000,000 aggregate, and automobile liability insurance with minimum limits of $1,000,000 per accident. The Town shall be included as an additional insured on the general and automobile liability insurance policies which shall further include primary and noncontributory language and subrogation waived. Notwithstanding the foregoing, Grantee shall have the option to self-insure to meet the insurance requirements in this section. Said Grantee shall promptly provide a Certificate of Insurance or Letter of Self-Insurance to the Town and keep the same current at all times. Section 7. The rights and privileges herein set forth are granted and conferred upon the said grantee, upon the express condition and understanding on the part of the said grantee, that it will render to the public in the Town within the territory served by the said grantee, at all times during the term ofthis ordinance, reasonably adequate electric service at reasonable rates, and that it will maintain its Facilities located within the Town in good order throughout the term ofthis grant, and the said grantee by accepting this ordinance expressly agrees that the State Corporation Commission shall have jurisdiction, to the full extent and in the manner now or hereafter during thel life ofthis ordinance provided by law, to require the said grantee to render reasonably adequate electric service at reasonable rates, and to maintain its Facilities in good order throughout the term of this grant, and to otherwise enforce the provisions of this section to the full extent provided by law. Section 8. Any person who shall intentionally destroy or damage any of the Facilities of the said grantee, constructed and maintained in accordance with provisions of this ordinance, within the corporate limits oft the Town of Purcellville shall be prosecuted pursuant to Virginia Code 8 18.2- 162 or any successor statute. Also, any, person who shall tamper with any metering device incident to the grantee's Facilities or otherwise intentionally prevent such metering device from properly registering or illegally diverting electric service sO that it does not pass through the metering device, shall be prosecuted pursuant to Virginia Code $ 18.2-163 or any successor statute. Section 9. All the rights and privileges, hereby granted to said grantee may be exercised by any successor or successors, assignee or assignees ofthe said grantee, but said successor or successors, assignee or assignees shall be subject to all the provisions, obligations, stipulations and penalties herein prescribed. Section 10. The rights and privileges hereby granted shall continue for the period of thirty (30) years from and after the final passage of this ordinance, unless the same is sooner voluntarily surrendered by the said grantee, with the consent ofthe Town Council, or unless the same is sooner forfeited as provided by law. Upon the expiration oft thei term oft this grant and upon the termination ofthe rights hereby granted, by surrender, forfeiture or otherwise, all of the Facilities of the said grantee in the rights-of-way, streets, sidewalks, alleys ofthe Town shall remain the property ofthe grantee and shall be removed from the rights-of-way, streets, sidewalks, alleys and any other property of said Town at the AN ORDINANCE: TO GRANT AN ELECTRIC CURRENT SERVICES FRANCHISE TO VIRGINIA ELECTRIC AND POWER COMPANY request for the same, as shall be mutually determined by the Town and grantee based on the scope of such request, the availability of labor, materials, and resources, and the need for participation by third parties. If grantee does not commence and complete removal or relocation within the time period agreed to by the parties, the Town may, after giving at least ninety (90) days written notice to grantee, take such actions at grantee's expense as are necessary to effect such removal and relocation; provided, however, that grantee shall be not held responsible for delays caused by the acts or omissions of third parties or circumstances beyond the reasonable control of grantee. Section 3. In the location and erection ofFacilities, as herein authorized, the said grantee shall avoid all unnecessary damage to trees in and along the rights-of-way, streets, alleys and public places oft the Town and shall not cut, trim or otherwise injure said trees to any greater extent than is reasonably necessary in the construction, maintenance and operation of said facilities of the grantee as herein authorized and provided. Grantee shall follow accepted industry standards put forth by the American National Standards Institute (ANSI) and best management practices that are endorsed by the International Society of Arboriculture (ISA). Section 4. In the event the said grantee shall, in the construction, improvement, maintenance or repair of its Facilities, injure any property or infrastructure of any kind including pavement, sidewalk, trails, signage, sewer, water or other pipe or works belonging to the Town, it shall, upon notice thereof from the Town, promptly repair and restore the same at its own cost and expense. Section 5. The said grantee shall, when sO requested by the Town, permit its poles and other overhead structures to be used without compensation by said Town for the purpose of placing thereon any traffic, lighting, fire or police alarm, telegraph, or telephone wires which may be necessary for the exclusive use of the police or fire and rescue department of the Town, provided that such use by the Town shall not interfere with the proper use of said poles and other overhead structures by the said grantee, and that the location and character of said wires of the said Town shall be subject to the approval ofthe grantee herein, which approval shall be given at the grantee's sole and reasonable discretion. The Town shall, and hereby agrees to indemnify and hold harmless the said grantee, to the extent permitted by law, from any and all loss, damage, cost, or expense to, or which may be incurred by said grantee, or to which said grantee may be subjected by reason of, or as a result of the willful misconduct or the negligent acts or omissions of the Town, its employees, and its contractors in connection with the use of said poles and overhead structures by the Town as provided in this Section. Section 6. The said grantee agrees and binds itself, by the acceptance of this ordinance, to indemnify, keep and hold the' Town free and harmless from liability on account ofinjury or damage to persons or property growing out of the construction, improvement, maintenance, repair and operation of its Facilities, and in the event that suit shall be brought against the Town, either independently or jointly with said grantee on account thereof, the said grantee, upon written notice to it by the Town, will defend the Town in any such suit at the cost of said grantee, and, in event of a final judgment being obtained against the Town, either independently or jointly with said grantee, the said grantee will pay such judgment, with all costs and hold the Town harmless therefrom; but nothing herein contained shall be construed to render said grantee liable for the AN ORDINANCE: TO GRANT AN ELECTRIC CURRENT SERVICES FRANCHISE TO VIRGINIA ELECTRIC AND POWER COMPANY expense of the grantee within a reasonable time after the expiration or termination of said rights and privileges upon the request ofTown. Section 11. This ordinance and the rights and privileges hereby granted and conferred shall not become effective unless and until the said grantee shall file with the Clerk ofthe Town its written acceptance thereof, in form satisfactory to the Town, and shall enter into al bond in the sum ofFive Thousand Dollars ($5,000), with surety satisfactory to the Town, conditioned to the effect that the grantee will construct and maintain, or if constructed, will maintain, the Facilities provided for herein and reasonably necessary for the exercise of1 the rights and privileges granted in and by this ordinance, and will maintain the same in good order, including repair and restoration of any Town rights-of-way, streets, sidewalks, alleys, or any other property of the Town due to the grantee's construction, improvement, maintenance or repair of the Facilities, throughout the term of this grant, and will comply with the terms, provisions and conditions of this ordinance in all respects, which sum the Town shall be permitted to increase upon reasonable prior written notice to said grantee, in the event of said grantee's failure to comply with the obligations set forth herein, in an amount that reasonably reflects the actual out-of-pocket costs incurred by the Town to cure such non-compliance, Section 12. The rights and privileges granted herein to use the public property are expressly subject to the conditions, limitations and provisions contained in the general ordinances of the Town of Purcellville, in force, or that may bel hereafter passed by the Town, relative to the use ofthe rights- of-way, streets, sidewalks, alleys and any other property of said Town sO far as they may be applicable to the rights and privileges herein granted, provided such ordinances that may be passed will not place an unreasonable burden upon the grantee. Section 13. This ordinance shall be in force from its passage. Passed by the Council oft the Town of Purcellville, Virginia, on the gth day of April 2025. Amlppardy Kimberly Bandy, Town Clerk The terms and conditions of this franchise are agreed to by the Grantee, Virginia Electric and Power Company, a public service corporation doing business in the Commonwealth of Virginia as Dominion Virginia Power, as evidenced by the duly authorized signature below; BY: Name: Title: Date: AN ORDINANCE: TO GRANT AN ELECTRIC CURRENT SERVICES FRANCHISE TO VIRGINIA ELECTRIC AND POWER COMPANY THEREFORE, BE IT ORDAINED that the Town Council of the Town ofPurcellville adopts this as a granting ordinance noted as Ordinance 25-04-01 as the second ofa a two-step ordinance process in obtaining an Electric Current Services Franchise Agreement. PASSED THIS gth DAY OF APRIL, 2025. CAtb A B Christopher Bertaut, Mayor ATTEST: Kimberly Bandy, Town Clerk bmblBunly Mayor Town Manager Christopher Bertaut Kwasi Fraser Town I Assistant Town Manager Diana Hays Town Council Susan Khalil rteMille Virginia Carol Luke Ave. Ben Nett 221 S. Nursery Erin Rayner Purcellville, VA 20132 Caleb J. Stought Phone: (540)338-7421 Kevin B. Wright wwwpurelvllevagovy April 10, 2025 TOWN OF PURCELLVILLE, VIRGINIA Ihereby certify that the bid for the foregoing franchise was duly presented and read aloud to the members of the Town Council of Purcellville, Virginia at a mecting held on the gth day of April 2025, that 61 members of the Council, constituting a quorum thereof, were present and voted; that 6 votes were cast in favor ofits] passage and no votes against its passage; that the same was duly presented to and executed by the Mayor of the Town of Purcellville. ATTEST: KibalBrdy Kimberly Bandy, Town' Clerk