“My first observation is that we are being bound up and red taped” – Purcellville Planning Commission Vice Chair Ed Neham

By Valerie Cury

At their May 16 meeting the Purcellville Planning Commissioners weighed in on a Draft Revised Agenda Development Process proposed by town management. Mayor Stan Milan, who controls what goes on the agenda, put the item on the agenda to be voted on at the May 28 Purcellville Town Council Work Session. Planning Commission Vice Chair Ed Neham summed up the heavy handed proposed three-page process that the commission would have to follow. “My first observation is that we are being bound up and red taped …”

However, at the May 28 Town Council Work Session Vice Mayor Erin Rayner removed the proposed Agenda Development Process from the agenda. 

The Draft Revised Agenda Development Process for example stipulated that all meetings of the planning commission would be limited to two hours and “the use of staff time is not permitted for longer that two hours per meeting, unless approved in advance by the town manager. The commission would focus “exclusively on agenda items relevant to the commission’s purview,” according to the Revised Agenda Development Draft Process.

Regarding the 2-hour time frame for the planning commission Neham said, “This is quite arbitrary and given the amount of work that we may have to do and the fact that we are not in control of our agenda – it’s not a good idea to limit it to 2 hours.” Neham said he would like to see the time limit increased.

Neham said as far as “focused exclusively on items in the agenda purview, my statement is, define what is the commissioner’s purview.”

Commissioner Nedim Ogelman said, “I am looking at this language and it feels to me like this document is written as though the planning commission works for the manager of the town. That is not the system we operate under. 

“I think to some extent if this is about town staff and the amount of time and resources – the solution I would prefer in all of this is teach us how to record the meeting and if you need to leave,” then you can leave, and the planning commission could keep working. Ogelman said the process seemed backwards. 

“This document is asking our town council to vote to support something by which the town manager and town staff are dictating the business of the citizens to citizen volunteers. That doesn’t seem correct to me,” said Ogelman

Other items on the draft Revised Agenda Development Process were that the planning department would also have control of the development of the agenda, and any requests from either the Chair or Vice Chair would have to be submitted to the department 9 days prior to the commission meeting date.

Legal advice would not be allowed for matters other than matters actively pending pertaining to applications or other matters actively pending before the commission. “Legal counsel is not authorized for other matters unless specifically tasked by the Town Council. Further, legal research for the Town Attorney must also be directed by the Town Council.”

The planning commission’s access to the town attorney has been particularly vital during the rewrite of the zoning ordinance when aligning it to the town’s comprehensive plan. For example, Planning Commission Chair Nan Forbes along with planning commissioners have been asking for a legal explanation from the town attorney with regard to Catoctin Meadows Lot 74, and its sudden extinguishment from the Town of Purcellville and its boundaries. 

This is referring to what happened on July 12, 2022, when Don Dooley, then Director of Planning and Economic Development, signed off on extinguishing Lot 74 from the Town of Purcellville and the Homeowners Association of Catoctin Meadows. On the same day, County Administrator Tim Hemstreet signed the Deed of Easement. 

This resulted in removing Lot 74 from the county’s land records and ultimately from the town’s official zoning map – violating due process of the laws of the Town of Purcellville. Also, this was done without the knowledge of the citizens, the town council, the planning commission and the Homeowners Association.

When commissioners have asked for legal advice Planning Manager Boyd Lawrence told them the “process is for him to communicate the request to the mayor and town manager. He said if the parties think questions should be taken up, then they will be.” 

However, typically planning commissions have access to legal advice as an established best practice because the work they do touches the most important laws, such as zoning. Additionally, Mayor Stan Milan and Town Manager Rick Bremseth making decisions without a council vote on such matters violates the most fundamental aspects of accountability and transparency for local government.

In September 2023 the planning commission made a motion which passed unanimously “That the Town Attorney make a determination as to the proper course of action to ascertain what the current legal status is of Lot 74.” To date the planning commission has received no actionable legal advice or a valid opinion from the town’s attorneys on Lot 74.

There are also outstanding unanswered questions about the Vineyard Square project on 21st Street. The planning commission has asked for legal advice on this approved project in relation to their zoning ordinance rewrite. 

Given the change in Milan from representing slow growth to now favoring annexations (he recently said he wished he could have annexed then Valley Springs II) and working out deals with developers, and given that the developer of the Vineyard Square project is one of Rayner’s largest campaign contributors, it seems unlikely that this planning commission will get legal answers on these issues.